Loading...
HomeMy WebLinkAbout03/26/08 CC MINUTES -'"--, l 587 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 26, 2008 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan (seated at 5:20 p.m.), Scrivner Absent: Councilmember Couch 2. PUBLIC STATEMENTS None. 3. WORKSHOPS l None. 4. CLOSED SESSION a. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision(a) of Government Code Section 54956.9 for the following cases: b. 1. Ana Robledo, et al v. Thomas Lee Holt, Jr., COB, BPD, et al Kern County Superior Court Case No. S-1500-CV-258070-WDP 2. City and California Water Service v. Dow Chemical Company, et al San Mateo County Superior Court Case No. CIV 470999 3. DKS Investments, LLC; John M. Tarabino & Joseph A. Tarabino; Canyons, LLC; and General Holdings, Inc. v City; Bakersfield City Council; and Does 1-40 inclusive Kern County Superior Court Case No. S-1500-CV- 259731-KCT Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Sections 54957(b)(1 )/54957.6. l . ., 5 88 Bakersfield, California, March 26, 2008 - Page 2 Motion by Vice-Mayor Hanson to adjourn to Closed Session at 5: 17 p.m. Motion by Vice-Mayor Hanson to adjourn from Closed Session at 6:10 p.m. RECONVENED MEETING - approximately 6:30 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch (seated at 7:00 p.m.), Sullivan, Scrivner Absent: None. 6. INVOCATION by Bishop Bernard Wallace, Church of Christ Christian Ministries. 7. PLEDGE OF ALLEGIANCE by Darby Sward, 5th Grade Student, Ronald Reagan Elementary. Deputy City Clerk Fick announced Hearing item 14.b. will be continued for action on April 23, 2008. Mayor Hall recognized the Bakersfield College and Cal State Bakersfield government classes in attendance at the meeting. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision(a) of Government Code Section 54956.9 for the following cases: 1. Ana Robledo, et al v. Thomas Lee Holt, Jr., COB, BPD, et al Kern County Superior Court Case No. S-1500-CV-258070-WDP 2. City and California Water Service v. Dow Chemical Company, et al San Mateo County Superior Court Case No. CIV 470999 DKS Investments, LLC; John M. Tarabino & Joseph A. Tarabino; Canyons, LLC; and General Holdings, Inc. v City; Bakersfield City Council; and Does 1-40 inclusive Kern County Superior Court Case No. S-1500-CV- 259731-KCT 3. ACTION TAKEN APPROVED J APPROVED J J Bakersfield, California, March 26,2008 - Page 3 8. CLOSED SESSION ACTION continued l b. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Sections 54957(b)(1 )/54957.6. City Attorney Gennaro announced Closed Session items were not completed within the allotted time frame and action would be announced at the conclusion of the reconvened Closed Session at the end of the Council meeting. 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Mr. John Nilon, Director of Public Health Services, Kern County Department of Public Health, proclaiming April 7-13, 2008 as Public Health Week. Mr. Nilon accepted the Proclamation and made comments. b. Presentation by Mayor Hall of Proclamation to Judy L. Normoyle, Ambassador for One Legacy, proclaiming April, 2008 as National Donate Life Month. l Ms. Normoyle accepted the Proclamation, provided handouts to Council. Donald Silvius and Abel Hernandez made comments regarding the One Legacy Program. 10. PUBLIC STATEMENTS a. Shawn Schoolcraft and Heater the Dragon (mascot) spoke regarding the Bakersfield Blaze opening weekend and provided the Council tickets. b. Kenneth Cannon, David Boyd and Amy Richardson, Co-chairperson of the Westpark Homeowners Association, on behalf of that organization, spoke regarding the Westside Parkway. c. Edna LaFond, on behalf of the homeowners of Fountain Springs Estates, spoke requesting the City accept jurisdiction over streets in the community and zoning changes and provided written material. l Councilmember Sullivan requested staff review the information presented and contact Ms. LaFond. 589 ACTION TAKEN 590 Bakersfield, California, March 26, 2008 - Page 4 10. PUBLIC STATEMENTS continued d. Jayme Seeger spoke regarding passage of an Ordinance making the City smoke-free. e. Wayne Marden spoke regarding the proposed Resolution regarding the Second Amendment. 11. APPOINTMENTS a. One appointment to the Keep Bakersfield Beautiful Committee due to the resignation of Elizabeth Gosling, whose term expires November, 2010. Motion by Vice-Mayor Hanson to appoint Lyle Martin to fill the vacancy on the Keep Bakersfield Beautiful created by the resignation of Elizabeth Gosling, term expiring November, 2010. b. One appointment to the Historic Preservation Commission due to the expiration term of Ann Sullivan, whose term expires March 30, 2008. Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 Ward 7 Sullivan Sullivan Talbot Sullivan Talbot Talbot Talbot Motion by Vice-Mayor Hanson to appoint Nancy Talbot to a three year term on the Historic Preservation Commission, expiring March 30, 2011. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the March 12, 2008 Regular City Council Meeting. Payments: b. Approval of department payments from February 29, 2008 to March 13, 2008 in the amount of $23,966,495.13 and self-insurance payments from February 29,2008 to March 13, 2008 in the amount of $233,191.82. ACTION TAKEN .1 J APPROVED j APPROVED ASS WEIR j Bakersfield, California, March 26, 2008 - Page 5 591 12. CONSENT CALENDAR continued ACTION TAKEN l Ordinances: c. First Reading of Ordinance approving a Negative FR Declaration and amending Title 17 (Zone Map No. 123-36) of the Municipal Code by changing the zoning from C-1 (Neighborhood Commercial) to C- 2/PCD (Regional CommerciaVPlanned Commercial Development) on 13 acres located on the south side of Hosking Avenue, and both sides of Hughes Lane (ZC 07-1724) (John Balfanz) d. First Reading of Ordinance approving a Negative FR Declaration and amending Title 17 (Zone Map Nos. 101-02,101-03,101-04,101-10 & 101-11) of the Municipal Code for five zone changes with: two zone changes from C-2/PCD (Regional Commercial/Planned Commercial Development) to DI of 5.01 acres and 5 acres for a total of 10.01 acres; from R-1/PUD (One-Family Dwelling/Planned Unit Development) to DI on 5.0 acres; from R-1 (One-Family Dwelling) to DI on 5.01 acres and from M-1 (Light Manufacturing) to DI on 5.0 acres within the Rosedale Ranch development area located on l the northwest corner of Olive Drive and Renfro Road, south of Seventh Standard Road, east of Santa Fe Way. (ZC 07-0898) (Applicant: Rick Engineering Company/Property Owners: Gardiner Family, LLC and Rosedale Farming Group) e. Adoption of Ordinance approving a Negative ORD 4501 Declaration and amending Title 17 (Zone Map No. 123-18) of the Municipal Code from C-1 (Neighborhood Commercial) to C-2/PCD (Regional Commercial/ Planned Commercial Development Overlay) on approximately 10.98 acres located at the southeast corner of White Lane and Buena Vista Road (ZC 06-1149) f. Adoption of Ordinance amending Title 17 (Zone ORD 4502 Map No. 122-28) of the Municipal Code by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) on 220-acres generally located along the south side of Panama Lane between Nord Avenue on the west and Kern County Water Bank Authority on the east and the south. (ZC 05-1580) (Applicant: Jim Manley/Property Owner: 10 Section LLC). l 592 Bakersfield, California, March 26, 2008 - Page 6 12. CONSENT CALENDAR continued ACTION TAKEN Resolutions: g. Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. RES 051-08 J h. Resolution approving application proposing RES 052-08 proceedings for annexation of uninhabited territory to the City identified as Annexation No. 549 consisting of 39.90 acres, located on the northeast corner of Old River Road and McCutchen Road. i. Resolution of Intention No. 1590 calling a public ROl1590 hearing to determine whether public necessity, health, safety or welfare requires formation of an underground utility district within designated area - District No.2, Division 32 (South Mill Creek Mixed- Use Project). j. Resolution of Intention No. 1595 to order the ROl1595 J vacation of East 2151 Street between Beale Avenue and King Street and the alley located between East 2151 Street, King Street, Sumner Street and Beale Avenue. Agreements: k. Final Tract Map and Improvement Agreements: 1. Improvement Agreements with Ocean AGR 08-049 Breeze Investments, for Parcel Map 11688 located south of Meany Avenue and west of Patton Way. 2. Final Map and Improvement Agreements AGR08-o50 with McMillin Albany, LLC., for Tract Map 6169 located south of Pacheco Road and west of Gosford Road. I. Agreement with Bakersfield Senior Housing, Inc. AGR 08-051 ($50,000 Community Development Block Grant Funds) to purchase and install a security fence at Lowell Place Senior Apartments located at 500 "R" Street. j , Bakersfield, California, March 26, 2008 - Page 7 593 12. CONSENT CALENDAR continued ACTION TAKEN l m. Agreement with Wilson & Associates (not to exceed AGR 08-052 $100,000) for processing of developers' improvement acquisition requests for authorized improvements within the City's various Assessment Districts. n. Ditch Eradication and Pipeline Easement AGR 08-053 Agreement with Virginia Engineering & Construction Company, Inc. for canal located west of Patton Way and north of Meany Avenue. o. Agreement with Brown Armstrong Paulden McCown AGR 08-054 Starbuck Thornburgh & Keeter ($62,800) for full scope annual audit of the 2007-08 fiscal year. p. Cooperative Agreement with the State of California AGR 08-055 Department of Transportation to construct a new freeway connection between State Route 58 (SR- 58) and the eastern terminus of the Westside Parkway, known as the Centennial Corridor Project. (TRIP) q. Amendment No. 1 to Agreement No. 07-366 with AGR 07-366(1) Moore lacofano Goldsman, Inc. ($18,830; total not l to exceed $438,870) for an aerial photograph, topographic site survey and updates to the grading and site plans for the Mesa Marin Sports Complex Project. r. Federal Emergency Management Agency Levee Accreditation Program: 1. Amendment NO.1 to Agreement WR07-011 AGR 08-056 with Meyer Civil Engineering, Inc. ($265,000; revised not to exceed $300,000) to complete a field investigation and engineering study of City operated and maintained levees throughout Bakersfield. 2. Appropriate $265,000 Levee District Fund Balance to the Water Resources Capital Improvement Budget within the Agriculture Water Fund. s. Amendment NO.1 to Agreement 07-085 with AGR 07-085(1) Stinson's Stationers, Inc. ($350,000; revised not to exceed $700,000) and extending the term to March 12, 2009 for office supplies. l t. Amendment NO.2 to Agreement No. 06-220 with AGR 06-220(2) Kern Sprinkler Landscaping, Inc. ($250,000; revised not to exceed $600,000) for irrigation and landscaping services. 594 Bakersfield, California, March 26, 2008 - Page 8 12. CONSENT CALENDAR continued ACTION TAKEN u. Amendment NO.4 to Agreement No. 00-95 with AGR 00-95(4) J William Avery and Associates, Inc. (not to exceed ,] $52,000, including expenses) for negotiation and consultant services in employer-employee relations for a one year term. v. Contract Change Order No. 1 to Agreement No. 07- AGR 07-317CC01 317 with Floyd Johnston Construction Company, Inc. ($152,678.00; revised not to exceed $1,513,728.00) for the project known as Northeast Sewer Phase 2: Redbank Road Extension. Bids: w. Accept bid from Geocon Inland Empire Incorporated AGR 08-057 (not to exceed $45,500) for groundwater sampling and reporting to comply with Wastewater Treatment Plant Discharge Permits. x. Traffic Signal and Lighting System Installation at Old River Road and White Oak Drive: 1. Accept bid and award contract to Loop AGR 08-058 Electric ($148,056.00) for the project. A 2. Transfer $100,000 from Public Works Capital j Improvement Project (Ming Improvement Edna to Anita) to the Capital Improvement Budget within the Gas Tax Fund. y. Accept bid and award contract to Loop Electric, Inc. AGR 08-059 ($389,896.00) for the installation of Traffic Signal Interconnect - Part 5. Deputy City Clerk Fick announced a correction to item 12.j., changing the hearing date to April 23, 2008. Counci/member Weir announced he would abstain due to conflict of interest, source of income, on item 12.b. Counci/member Couch announced he would abstain due to a client owning property in the area involved, from item 12.i. Motion by Councilmember Hanson to approve Consent APPROVED Calendar items 12.a through 12.y. with correction to item 12.j. j Bakersfield, California, March 26,2008 - Page 9 595 13. CONSENT CALENDAR HEARINGS ACTION TAKEN l None. 14. HEARINGS a. Public Hearing to consider Resolution ordering the vacation of the 25-foot wide alleyway drive approach access off Auburn Street located east of Fairfax Road between Auburn Oaks Drive and Auburn Street. RES 053-08 Public Works Director Rojas made staff comments. Hearing Opened at 7:13 p.m. No one spoke. Hearing Closed at 7:13 p.m. APPROVED Motion by Councilmember Weir to approve the Resolution. b. Public Hearing to consider Resolution denying the appeal by Daybreak Baptist Church and upholding the Planning Commission's decision approving Mcintosh & Associates, representing Centex Homes (property owner) application for Vesting Tentative Tract Map 6760 on 8.92 acres located on the north side of State Route 119 (Taft Highway) between Stine Road and Ashe Road. l Assistant Planning Director Eggert made staff comments. Hearing opened at 7:15 p.m. APPROVED Motion by Vice-Mayor Hanson to continue the hearing to April 23, 2008. 15. REPORTS None. 16. DEFERRED BUSINESS None. l ,,) 596 Bakersfield, California, March 26, 2008 - Page 10 ACTION TAKEN 17. NEW BUSINESS RES 054-08 J a. Request by Councilmember Scrivner to consider Resolution regarding the Second Amendment. Deputy City Clerk Fick announced two articles of correspondence were received regarding this item, one in opposition and one in support of the item. APPROVED Motion by Councilmember Scrivner to approve the Resolution. 18. MAYOR AND COUNCIL STATEMENTS Councilmember Benham requested staff assist with correspondence, submitted correspondence and requested staff contact her. Councilmember Weir requested the Legislation and Litigation Committee consider revising the current Ordinance regarding Planning Commission appointments and terms, particularly to allow each Councilmember an appointment, the Commissioners term to expire upon the appointing Councilmembers departure from the City Council and to enable the Council to remove a Commissioner upon a majority vote of the City Council. J Councilmember Carson requested staff formulate new ways to assist citizens in removing graffiti from tagged walls. Councilmember Sullivan requested staff review materials regarding Ms. LaFond's issues, reach a remedy for the problems and keep Councilmember Sullivan informed. Councilmember Sullivan made comments regarding maintaining a clean community. Councilmember Sullivan made comments regarding local sports teams. Councilmember Sullivan made comments in support of the Second Amendment. Mayor Hall announced he would be making trips to four of Bakersfield's Sister Cities, provided trip dates and invited Councilmembers to join him. J Bakersfield, California, March 26, 2008 - Page 11 597 ACTION TAKEN l Motion by Vice-Mayor Hanson to re-adjourn to Closed APPROVED <' Ii Session at 7:30 p.m.. Motion by Vice-Mayor Hanson to adjourn from Closed APPROVED Session at 9:01 p.m.. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision(a) of Government Code Section 54956.9 for the following cases: NO REPORTABLE 1. Ana Robledo, et al v. Thomas Lee Holt, Jr., ACTION COB, BPD, et al Kern County Superior Court Case No. S-1500-CV-258070-WDP CITY ATTORNEY 2. City and California Water Service v. Dow GIVEN DIRECTION Chemical Company, et al San Mateo County Superior Court Case No. CIV 470999 NO REPORTABLE 3. DKS Investments, LLC; John M. Tarabino & ACTION Joseph A. Tarabino; Canyons, LLC; and General Holdings, Inc. v City; Bakersfield l City Council; and Does 1-40 inclusive Kern County Superior Court Case No. S-1500-CV- 259731-KCT POSTPONED UNTIL b. Public Employee Performance Evaluation - City 4-9-08 Manager; Closed Session pursuant to Government Code Sections 54957(b)(1 )/54957.6. 19. ADJOURNMENT Vice-Mayor Hanson adjourned the meeting at 9:05 p.m ATTEST: CITY CLERK and Ex Officio Ie the Council of the City of Baker fi l S:\Counci~MINUTES\2008\March 26.doc 598 Bakersfield. Californiat March 26L2008 - Page 12 ****THIS PRGE INTEN IONALLY EFT BLANK**** J J J