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
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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
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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.
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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
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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.
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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)
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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.
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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.
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Motion by Vice-Mayor Hanson to approve Consent gppROVED
Calendar Hearings 13.a. and 13.6.
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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.
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Recess taken from 9:04 p.m. to 9:12 p.m.
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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
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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
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Bakersfield, California, April 23, 2008 -Page 12
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