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HomeMy WebLinkAbout04/23/08 CC MINUTES6 0 9t BAKERSFIELD CITY COUNCIL MINUTES MEETING OF APRIL 23, 2008 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch (seated at 5:20 p.m.), Sullivan, Scrivner Absent: None. 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. 4. CLOSED SESSION a. Public Employee Performance Evaluation -City Manager; Closed Session pursuant to Government Code Sections 54957(b)(1) and 54957.6 b. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code section 54956.9 (One case). 1. DKS Investments, LLC; John M. Tarabino & Joseph A. Tarabino; Canyons, LLC; and General Holdings, Inc. v City; Bakersfield City Council; and Does 1-50 inclusive Kern County Superior Court Case No. S-1500-CV-259731-LPE c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 d. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9 (One issue) ACTION TAKEN ~-- ''~~ .U Bakersfield, California, April 23, 2008 -Page 2 Motion by Vice-Mayor Hanson to adjourn to Closed Session at 5:17 p.m. Motion by Councilmember Benham to adjourn from Closed Session at 6:20 p.m. RECONVENED MEETING -approximately 6:30 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None. s. INVOCATION by Pastor Leon Frost, United Pentecostal Church. 7. PLEDGE OF ALLEGIANCE by Zachary Taylor, 2nd grade student at Amy B. Seibert Elementary School. Mayor Hall recognized the Cal State Bakersfield and Ridgeview High School government classes in attendance at the meeting. 8. CLOSED SESSION ACTION a. Public Employee Performance Evaluation -City Manager; Closed Session pursuant to Government Code Sections 54957(b)(1) and 54957.6 Vice-Mayor Hanson announced the evaluation of the City Manager has been concluded with an above average outcome and publicly thanked City Manager Tandy for his service to the community, and particularly to the Council. b. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code section 54956.9 (One case). DKS Investments, LLC; John M. Tarabino & Joseph A. Tarabino; Canyons, LLC; and General Holdings, Inc. v City; Bakersfield City Council; and Does 1-50 inclusive Kern County Superior Court Case No. S-1500-CV-259731-LPE c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 ACTION TAKEN APPROVED APPROVED NO REPORTABLE ACTION REMOVED 81t Bakersfield, California, April 23, 2008 -Page 3 8. CLOSED SESSION ACTION continued ACTION TAKEN d. Conference with Legal Counsel -Potential NO REPORTABLE Litigation; Closed Session pursuant to ACTION subdivision (b)(1)(3)(A) of Government Code Section 54956.9 (One issue) 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation of Nancy Yama, President of Auxiliary to Bakersfield Memorial Hospital, proclaiming April 27 -May 3, 2008, as "National Volunteer Week". Ms. Yama accepted the Proclamation and made comments. b. Presentation by Mayor Hall of Proclamation to G. I. Perkins, President of ABATE Local #40, proclaiming May 2008 at "Motorcycle Awareness Month". Mr. Perkins accepted the Proclamation and made comments. 10. PUBLIC STATEMENTS l ~,,, a. Patrick Frase, Chairperson Keep Bakersfield Beautiful, spoke regarding the 2008 Great American Clean-Up. b. Efren Martinez spoke regarding the launch of a new Spanish language bi-weekly magazine in Kern County and provided copies to the Mayor and Council. c. Takvor Takvorian, Kenneth Cannon, Dennis Regan, David Boyd and Amy Richardson spoke regarding the Westpark Freeway Alignment. d. Daryl Thiesen (Tobacco Free Coalition Chairperson), Dianna McDermott (Liberty High School), Dr. Claudia Jonah (Kern County Department of Public Health Interim Director), Matt Constantine (Director of Kern County Environmental Health) and Cassie Deras-Coker (Tobacco Free Coalition and American Cancer Society) spoke regarding underage tobacco usage. r 612 Bakersfield, California, Apri123, 2008 -Page 4 10. PUBLIC STATEMENTS continued Councilmember Benham requested the Legislation and Litigation Committee address implementing a Retailers Permit requirement for the sale of Tobacco. a. Bernita Jenkins, Dave Thomas, Ted Blockley (Planning Commission Chairperson), Murray Tragish (Planning Commissioner), Sam Ackerman, Barbara Lomas (former Planning Commissioner), John Hansen (owner, Hansen Engineering), Tom McGinnis (Planning Commissioner), Willard Winn, Scott Hanson, Jack Brigham, Frank St. Clair, Tim Cox, Joel Park and Craig Smith (Bakersfield Bluffs and Trails Committee) spoke regarding item 17.a., the proposed removal of Planning Commissioner Russell Johnson. 11. APPOINTMENTS a. One appointment to the Bakersfield Redevelopment Agency due to the expiration term of Philip Bentley, whose term expired April 22, 2008. Motion by Vice-Mayor Hanson to re-appoint Philip Bentley to afour--year term on the Bakersfield Redevelopment Agency, expiring April 22, 2012. b. One appointment to the Planning Commission due to the expiration term of Jeff Tkac, whose term expires April 30, 2008. Motion by Councilmember Sullivan to re-appoint Jeff Tkac to a four-year term on The Planning Commission, expiring April 30, 2008. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the April 9, 2008 Regular City Council Meeting. Payments: b. Approval of department payments from March 28, 2008 to April 10, 2008 in the amount of $20,160,245.18 and self-insurance payments from March 28, 2008 to April 10, 2008 in the amount of $146,251.50. ACTION TAKEN APPROVED APPROVED ABS WEIR ens Bakersfield, California, April 23, 2008 -Page 5 12. CONSENT CALENDAR continued ACTION TAKEN Ordinances: c. First Reading of Ordinance amending Sections FR 13.04.021, 13.04.022 and 13.04.023 of the Bakersfield Municipal Code relating to Maintenance Districts. d. First reading of Ordinance amending Municipal FR Code Sections § 1.12.010, § 1.12.040 and § 1.12.060 by adding Annexation No. 519 consisting of 123.08 acres, located on the south side of Panama Lane, generally east of Cottonwood Road, Annexation No. 590 consisting of 94.11 acres, located on the east and west side of South Union Avenue, north of East Hosking Avenue to Ward 1, Annexation No. 472 consisting of 37.75 acres, located west of Calloway Drive, south of Seventh Standard Road, Annexation No. 553 consisting of 25.01 acres, located on the north side of Rosedale Highway, west of Allen Road, Annexation No. 566 consisting of 33.18 acres, located north of Etchart Road, east and west of Coffee Road to Ward 4 and Annexation No. 521 consisting of 9.77 acres, located north of Taft Highway, west of Stine Road to Ward 6. Resolutions: e. Resolution approving application proposing RES 057-08 proceedings for annexation of uninhabited territory to the City identified as Annexation No. 585 consisting of 3.32 acres located generally north of Wilson Road, between South Chester Avenue and South "P" Street. Resolution supporting the Governor's Flood Control RES 058-08 and Water Supply Element of the California Strategic Growth Plan. g. Resolution adding Area 3-78 (Panama, Progress RES 059-08 NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. ..• X14 Bakersfield, California, April 23, 2008 -Page 6 12. CONSENT CALENDAR continued h. A Resolution in support of AB 2537. Agreements: Environmental Impact Report (EIR) for an amendment to Title 17 of the Municipal Code, specifically Chapter 17.66 (Hillside Development) Combining Zone of the Zoning Ordinance: 1. Agreement with RBF Consulting ($250,000) to prepare EIR. j. Agreement with Berrenda Mesa Water District (not to exceed $276,400) to purchase real property for the right of way necessary to construct Allen Road Bridge at Kern River Project. k. Approve Cooperative Agreement with Department of Transportation ($567,726) for installation of traffic signal and lighting system at the intersection of State Route 119 and Ashe Road. Digital Aerial Imagery: Memorandum of Understanding with Kern Council of Governments (Kern COG)(not to exceed $65,000) to acquire and obtain an update of the City's aerial with the Kern County aerial photography and authorizing the Finance director to dispense with bidding. 2. Agreement with Kern COG ($65,000) to acquire and deliver an update of the City's aerial photography and use of 2008 Kern County aerials. m. Amendment No. 1 to Agreement 96-356 with Kern County Water Agency regarding the Pioneer Project Joint Operating Agreement. n. Amendment No. 1 to Agreement 07-230 with Ferguson Enterprises ($80,000 revised not to exceed $160,000) and extending the term to July 16, 2009 for the annual contract for the supply of Fire Hydrants and Hydrant Repair Parts. ACTION TAKEN RES 060-08 AGR 08-063 AGR 08-064 DEED 6851 AGR OS-065 AGR 08-066 AGR 96-356(1) AGR 07-230(1) i ^w- e~~ Bakersfield, California, April 23, 2008 -Page 7 12. CONSENT CALENDAR continued ACTION TAKEN o. Amendment No. 2 to Agreement 02-161 with the AGR 02-161 Housing Authority of the County of Kern ($440/month) for leased space at 1630 East 11'h Street. p. Contract Change Order Nos. 1 - 3 to Agreement 07- AGR 07-304 0001 304 with Security Paving Construction ($59,126.04 AGR 07-304 0002 revised not to exceed $29,188,572.14) for the AGR 07-304 0003 State Route 178 & Fairfax Interchange Project. (TRIP) q. Contract Change Order No. 5 to Agreement 07-143 AGR 07-143 0005 with MGE Underground Inc. ($34,544.36 a revised not to exceed $1,124,357.88) for the Traffic Signal Interconnect Part 4 along various streets within the City. Consultant's agreement with A. J. Environmental, AGR 08-067 Inc. ($59,885) to provide a Phase I/II Environmental Site Assessment for properties to be exchanged with the Kern County Water Agency for the Westside Parkway. (TRIP) Bids: s. Accept bid and award contract to Kern Pacific AGR OS-068 Construction Company ($1,660,257.60) for the construction of the 22"d Street Storm Drain Project. t. Accept bid from Coastline Equipment ($227,466.53) for one (1) additional articulating four-wheel drive loader with high lift feature for the Public Works Department, Solid Waste Division. u. Accept bid for 140 vehicle on-board tracking systems (G PS units): Accept bid from Blackhole Technologies, Inc., in the amount of $99,857.26 for vehicle on-board tracking systems. 2. Appropriate $100,000 Equipment Management Fund balance to the Public Works Operating budget. L see Bakersfield, California, April 23, 2008 -Page 8 12 CONSENT CALENDAR continued ACTION TAKEN Miscellaneous: v. Acceptance of 2006-07 Transportation Development Act funds Financial Statements. w. Appropriate $86,468 Federal Congestion Management Air Quality funds to the Public Works Department's Capital Improvement Budget within the SAFETEA-LU Fund for traffic signal and interconnection improvements at the following locations: 1. "F" Street and 26th Street 2. La Costa and Auburn Street 3. White Lane and Lily Drive to Cernan Way 13. x. Accept contribution ($68,975) from State Farm Mutual Automobile Insurance Company to purchase and equip a "crashed vehicle display trailer" in support of the "A Life Interrupted" Program and appropriate contribution to the Police Department's Capital Outlay Fund. Councilmember Weir announced he would absfain due to conflict of interest, source of income, on item 12.6. Motion by Vice-Mayor Hanson to approve Consent gppROVED Calendar items 12.a. through 12.x. CONSENT CALENDAR HEARINGS a. Public Hearing to consider Resolution establishing RES 063-08 industrial and commercial sewer service user surcharges for Fiscal Year 2008-09. b. Public Hearing to consider Resolution ordering the RES 062-08 vacation of East 21St Street between Beale Avenue and King Street and the alley located between East 21st Street, King Street, Sumner Street and Beale Avenue. Hearings opened at 8:06 p.m. No one spoke. Hearing closed at 8:06 p.m. i.tii Motion by Vice-Mayor Hanson to approve Consent gppROVED Calendar Hearings 13.a. and 13.6. 14. Bakersfield, California, April 23, 2008 -Page 9 HEARINGS ACTION TAKEN a. Public Hearing to consider Resolution denying the RES 063-08 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. Development Services Director Grady made staff comments. Hearing opened at 8:12 p.m. Lloyd Norton, Trustee of the Daybreak Baptist Church, spoke in opposition to the staff recommendation. Roger McIntosh, McIntosh and Associates on behalf of Daybreak Baptist Church, spoke in support of the staff recommendation. Lloyd Norton, Trustee of the Daybreak Baptist Church, spoke in rebuttal opposition to the staff recommendation. Roger McIntosh, McIntosh and Associates, on behalf of Daybreak Baptist Church, spoke in rebuttal support of the staff recommendation. Motion by Councilmember Sullivan to uphold the FAILED appeal by Daybreak Baptist Church and upholding the NS HANSON, Planning Commission's decision approving McIntosh BENHAM, WEIR, and Associates on vesting tentative tract map 6760 COUCH, SCRIVNER with fhe addition of the following mitigating measure: "Prior to recordation of a final map, subdivider shall construct a 6-foot (minimum) high masonry block wall (measured from highest adjacent side) along the east boundary adjacent to the vacant (undeveloped) portion of the Day Break Baptisf Church. The location of the wall is north of the existing Church landscaping to the north boundary of the tract, which includes approximately Lots 9 through 14 as shown on the tentative map." Motion by Vice-Mayor Hanson to deny the appeal and APPROVED NS SULLIVAN move forward with the staff recommendation. 61T Recess taken from 9:04 p.m. to 9:12 p.m. ~g18 Bakersfield, California, April 23, 2008 -Page 10 17. NEW BUSINESS a. Removal of Planning Commissioner Russell Johnson. Deputy City Clerk Fick announced sixty-five calls and correspondence were received regarding the item, sixty-four in opposition and one in support. Motion by Councilmember Weir fo continue item 17.a. to the June 11, 2008 Council meeting. 15. REPORTS a. Report on Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) Trust Group Actions and Program Implementation Update. Development Services Director Grady made a presentation. 16. DEFERRED BUSINESS None. 18. MAYOR AND COUNCIL STATEMENTS Councilmember Benham provided information regarding the status of implementation of recycling, and again referred the issue to the Budget and Finance Committee for further refinement. Councilmember Benham announced a dedication ceremony will be held April 30t" at 3:00 p.m. at the south location on Hwy. 99, for the new City entry signs. Councilmember Benham requested staff remove the old City sign on the KGOV introduction and replace it with an image of the new sign. Additionally, she requested any images on the website be updated. Councilmember Scrivner requested the Legislation and Litigation Committee address formulating an Ordinance to regulate time frames during which time ice cream trucks can operate. Councilmember Carson requested EDCD Director Kunz respond to a letter. ACTION TAKEN FAILED NS BENHAM, COUCH, HANSON, SCRIVNER, SULL/VAN a ..ri 61$ Bakersfield, California, April 23, 2008 -Page 11 18. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN Councilmember Carson requested staff address the Ordinance governing removal of Planning Commissioners, particularly section `D' of the current Ordinance. Councilmember Sullivan requested staff fill a pothole in the southbound lane of New Stine near the intersection of Wilson Rd. Councilmember Sullivan made comments regarding the prompt removal of graffiti on the wall at the entrance to Pinewood Lakes. Vice-Mayor Hanson recognize State Farm for contributing $68,000.00 to purchase the crashed vehicle trailer for the Life Interrupted Program. Vice-Mayor Hanson requested information regarding the interest rate on a maintenance district bond sale. City Manager Tandy responded. Vice-Mayor Hanson wished Councilmember Sullivan and Mayor Hall a safe trip to Korea. Councilmember Sullivan announced the City of Arvin has recently the `In God We Trust' motto in the Arvin Council Chamber. Mayor Hall requested the Legislation and Litigation Committee and City Attorney review the feasibility of appointing alternates to the Keep Bakersfield Beautiful Committee. 19. ADJOURNMENT Mayor Hall adjourned the meeting at ATTEST: L~.~ll - i''l~c~lc CITY CLERK and Ex Officio Clerk f the Council of the City of Bakersfield 620 Bakersfield, California, April 23, 2008 -Page 12 *** PAGE INTENTIONALLY LEFT BLANK***