HomeMy WebLinkAbout05/21/08 CC MINUTES639
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 21, 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 5:18 p.m.),Sullivan (seated
at 5:25 p.m.) Scrivner
Absent: None.
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
None.
4. CLOSED SESSION
a. Conference with Legat Counsel -Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code section 54956.9 (Three cases)
1. City vs. City of Shafter (CEQA), et al
Kern County Superior Court Case No. S-
1500-CV-260277-RJO
2. City v. North Kern Water Storage District, et
al Kern County Superior Court Case No. S-
1500-CV-260360-AEW Tulare County
Superior Court Case No. 224933
3. City v. Oildale Mutual Water Company
Kern County Superior Court Case No. S-
1500-CV-260384- LPE
b. Conference with Legal Counsel -Potential
Litigation; Closed Session pursuant to subdivision
(b)(1)(3)(A) of Government Code Section 54956.9.
(Two issues)
ACTION TAKEN
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4. CLOSED SESSION continued ACTION TAKEN
c. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6
Motion by Vice-Mayor Hanson to adjourn to Closed APPROVED
Session at 5:17 p.m.
Motion by Councilmember Hanson fo adjourn from APPROVED
Closed Session at 7:14 p.m.
RECONVENED MEETING -approximately 7:21 p.m.
5. ROLL CALL
Present: Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham (seated
at 8:05 p.m.), Weir, Couch, Sullivan, Scrivner
Absent: None.
6. INVOCATION by Pastor Max Van Dyke, Christ Cathedral.
7. PLEDGE OF ALLEGIANCE by Gwyneth Conroy,
Kindergarten Student at Ronald Reagan Elementary.
8. CLOSED SESSION ACTION
a. Conference with Legal Counsel -Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code section 54956.9 (Three cases)
STAFF GIVEN
1. City vs. City of Shafter (CEQA), et al DIRECTION
Kern County Superior Court Case No. S-
1500-CV-260277-RJO
2. City v. North Kern Water Storage District, et STAFF GIVEN
al Kern County Superior Court Case No. S- DIRECTION
1500-CV-260360-AEW Tulare County
Superior Court Case No. 224933
3. Cit v. Oildale Mutual Water Com an STAFF GIVEN
Y P Y DIRECTION
Kern County Superior Court Case No. S-
1500-CV-260384- LPE
i
Bakersfield, California, May 21, 2008 -Page 3
8. CLOSED SESSION ACTION continued
b. Conference with Legal Counsel -Potential ONE ISSUE N
Litigation; Closed Session pursuant to subdivision RE?ORTABLI
,,,,, (b)(1)(3)(A) of Government Code Section 54956.9. AG'T6ON
(Two issues) POSTPONED
c. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
City Attorney Ginnaro announced Closed Session
will resume later in the meeting to address Closed
Session item 4.c. Additionally one of the items in
4.b was postponed and there was no reportable
action for the other item in 4.b.
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Bill
Burgemaster, Volunteer for Make-A-Wish
Foundation, proclaiming June 3, 2008 as "Make-A-
Wish Destination Joy Day".
Mr. Burgemaster accepted the Proclamation and
made comments.
b. Presentation by Mayor Hall of Proclamation to Major
David Ebel, Kern County Coordinator, The Salvation
Army Bakersfield Citadel, proclaiming May 19-25,
2008, as "National Salvation Army Week".
Major Ebel accepted the Proclamation and matte
comments.
10. PUBLIC STATEMENTS
a. Jim Baldwin, President of the Bakersfield
Association for Retarded Citizens, spoke regarding
item 17.a., the proposal by the Budget and Finance
Committee to hire a consultant to study the recycling
options available to the City and provided written
information.
b. Dennis Fox spoke regarding a pedestrian bridge.
c. Katherine Cecil, Takvor Takvorian and David Tabb
spoke regarding the Westpark neighborhood.
11. APPOINTMENTS
CONT/~VUED O END
OF ME7ET/NG
ba
None.
~ 4 2 Bakersfield, California, May 21, 2008 -Page 4
12. CONSENT CALENDAR ACTION TAKEN
Minutes:
a. Approval of minutes of the May 7, 2008 Regular City
Council Meeting.
Payments:
b. Approval of department payments from April 25, ABS WEIR
2008 to May 8, 2008 in the amount of
$20,893,624.25 and self-insurance payments from
April 25, 2008 to May 8, 2008 in the amount of
$203,319.28.
Ordinances:
c. First Reading of Ordinance amending Municipal FR
Code Sections 1.12.010 and 1.12.060 by adding
Annexation No. 558 consisting of 42,706 square
feet, located on the south side of Terrace Way,
between Wible Road and Delfino Lane to Ward 1
and Annexation No. 586 consisting of 1.55 acres,
located on the south side of Taft Highway, between
Ashe and Stine Roads to Ward 6.
d. First Reading of Ordinance approving a Notice of FR
Exemption and amending Section 17.06.020 (Zone
Map No. 102-19) of Title Seventeen of the Municipal
Code by changing the zoning from A (Agriculture)
and R-S-1A (Residential Suburban - 1 acre
minimum lot size) to E/CH (Estate/Church Overlay)
on 3.65 acres located at the southwest corner of
Meacham Road and Calloway Drive (ZC #07-2273,
Michael H. McAlister representing Cornerstone
Church)
e. First Reading of Ordinance adopting the Notice of FR
Exemption and approving a zone change from PCD
(Planned Commercial Development) to PCD on
approximately 1.8 acres of a larger 16.75 acre
commercial center located generally at 5200
Stockdale Highway. (ZC #07-2195, Milestone
Management)
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643
Bakersfield, California, May 21, 2008 -Page 5
12. CONSENT CALENDAR continued
f. Adoption of Ordinance approving a Negative
Declaration and amending Section
17.06.020 (Zone Map No.103-22) of Title Seventeen
of the Municipal Code by changing the zoning from
R-1 (One-Family Dwelling) to R-3/P.U.D. (Multi-
Family Dwelling/Planned Unit Development) on 9.76
acres located generally south of Bernard Street
between New Market Way and Oswell Street (ZC
#07-1977, San Joaquin Engineering, representing
Central California Conference of the Seventh Day
Adventists)
Resolutions:
g. Resolution determining that a pedestrian bridge
truss for Mill Creek Linear Park cannot be
reasonably obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with the bidding therefore, not
to exceed $64,000.
Resolution approving application proposing
proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 555
consisting of 44.03 acres, located on the south side
of Seventh Standard Road, west of the Calloway
Canal.
Resolution of Intention No. 1598 preliminarily
adopting, confirming and approving the Public
Works Director's Report for the Consolidated
Maintenance District (CMD) and its 2008-2009
budget; setting time and place for hearing protests
on the amount of street and median landscaping
assessments to be levied throughout the
Consolidated Maintenance District.
Resolution of Intention No. 1599 preliminarily
adopting, confirming and approving the Public
Works Director's Report for the Consolidated
Maintenance District (CMD) and its 2008-2009
budget; setting time and place for hearing protests
on the amount of park landscaping assessments to
be levied throughout the Consolidated Maintenance
District.
ACTION TAKEN
ORD 4507
RES 073-08
ABS COUCH
RES 074-08
ROI 1598
ROI 1599
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Bakersfield, California, May 21, 2008 -Page 6
12. CONSENT CALENDAR continued
Resolution of Intention No. 1600 preliminarily
adopting, confirming and approving Public
Works Director's report for twelve Traffic Signal
Maintenance Districts and their 2008-2009
budgets; setting time and place for hearing protests
on the amount of assessments to be levied
throughout each of the Traffic Signal Maintenance
Districts.
Resolution of Intention No. 1601 adding territory,
Area 2-38 (Akers, Alum NE) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
m. Resolution of Intention No. 1602 adding territory,
Area 4-84 (Canyons #1) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
Agreements:
n. Final Map and Improvement Agreements with John
Balfanz Homes, Inc., for Tract 6353 Phase 2 located
south of Hosking Avenue and west of State Highway
99.
o. Agreements with Fairway Oaks South, LP, to
acquire a parcel of land for a water well in
exchange for the waiver of water availability fees
owed to City by Fairway Oaks South, LP.
Contract to purchase real property with
Fairway Oaks South, LP for a water well site
located in Tract 6167 near Pacheco and Old
River Roads.
2. Purchase/Exchange Agreement with Fairway
Oaks South, LP to exempt water availability
fees in exchange for water well site located
in Tract 6167 near Pacheco and Old River
Roads.
p. Agreement with Simpleview, Inc. (not to exceed
$72,776) for web site consulting, development and
customer relationship management services of fully
integrated, database-driven website system for the
Convention & Visitors Bureau.
ACTION TAKEN
ROI 1600
ROI 1601
ROI 1602
AGR 08-076
AGR OS-077
AGR 08-078
DEED 6858
AGR 08-079
DEED 8859
AGR 08-080
64
Bakersfield, California, May 21, 2008 -Page 7
12.
CONSENT CALENDAR continued ACTION TAKEN
q. Agreement with Law Offices of Hanna, Brophy, AGR 08-081
MacLean, McAleer & Jensen (not to exceed
$150,000 for each contract years one & two with an
additional option year) for Workers' Compensation
Legal Services to be exercised at the City's
discretion and paid from the Self-Insurance Fund.
r. Agreement with Jasvinder Deol ($92,000) to AGR 08-082
purchase real property located at 2833 Hosking DEED 6860
Road to widen Hosking Road.
s. Agreement with Mike and Cindy Henson ($222,000) AGR 08-083
to purchase real property located at 3200 Hosking DEED 6861
Road to widen Hosking Road.
t. Agreement with KBA Engineering, LLC ($634,000) AGR 08-084
to purchase real property located at 2157 Mohawk DEED 6862
Street for the Westside Parkway. (TRIP)
u. Agreement with Clifford & Brown ($225,000) for AGR 08-085
legal services for fiscal years 2008/2009 and
2009/2010.
v. Agreement with Marderosian, Runyon, et al
AGR 08-086
($750,000) for legal services for fiscal year
2008/2009 and 2009/2010.
w. Agreement with the County of Kern to pay the City AGR 08-087
(not to exceed $15 million for a five year period) for
processing of greenwaste material at the Mount
Vernon Greenwaste Facility.
Bids:
x. Accept bid to award contract to North American AGR OS-088
Digester Cleaning Services ($42,000) to
clean digesters at Wastewater Treatment Plant #3.
y. Accept bid and award contract to Rudnick Fence AGR 08-089
Company ($399,000) for Mill Creek Linear Park
Project Pond Railing.
z. Accept bid from Computer 1 Products of America,
Inc. ($74,887.31) for Nortel Ethernet Routing
Switches for the Information Technology Division.
aa. Accept bid from Recreonics, Inc. ($43,139.05) for
commercial pool equipment for the Recreation and
Parks Department.
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Bakersfield, California, May 21, 2008 -Page 8
12. CONSENT CALENDAR continued ACTION TAKEN
Miscellaneous:
bb. Revised job specifications for Fleet Service Worker
I, Fleet Service Worker II and Fleet Mechanic I.
cc. Revised job specification for Traffic Signal
Technician.
dd. Department of Housing & Urban Development
(HUD), HOME Investment Partnership Action
Plan Amendment No. 4 (FY 06/07).
ee. Budget and Finance Committee recommends
acceptance of 2006-07 Transportation Development
Act Funds Financial Statements.
ff. Appropriate $25,000 Asset Forfeiture Funds to the
Police Department's Capital Improvement Budget
within the Capital Outlay Fund for the purchase of a
new engine and overhaul of the narcotics airplane.
Assistant City Clerk Gafford announced staff has
requested item 12.66. be deferred to the June 25,
2008 Council meeting.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 12.6.
Councilmember Couch announced he would abstain
due to a client owning property wifhin 300' of the
concerned property, potential source of income, on
item 12.g.
Motion by Vice-Mayor Hanson to approve Consent APPROVED
Calendar items 12.a. through 12.ff., with the deferral of AB 6ENHAM
item 12.66 to the June 25, 2008 Council meeting.
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Bakersfield, California, May 21, 2008 -Page 9
13. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution adopting fees
pursuant to the Cost Recovery System.
b. South Mill Creek Mixed-Use Project -Underground
Utility District.
Public Hearing to consider Resolution of
Intention No. 1590 declaring the City's
intention to order the establishment of
Underground Utility District No. 2, Division
32.
2. Resolution establishing Underground Utility
District No. 2, Division 32.
Assistant City Clerk Gafford announced
correspondence was received from staff regarding
item 13.a., indicating an incorrect date noted in the
Resolution for installation of utilities. The correct
date is December 31, 2009 rather than December
31, 2008.
Councilmember Couch announced he would abstain
due to a client owning property within 300' of the
concerned property, potential source of income, on
item 13.6., cast a yes vote on item 13.a., and removed
himself from the chamber.
Hearings opened at 7:53 p.m.
No one spoke.
Hearings closed at 7:54 p.m.
Motion by Vice-Mayor Hanson to approve Consent
Calendar Hearings 13.a. and 13.b.
ACTION TAKEN
RES 075-08
RES 076-08
ABS COUCH
AB
648
14.
Bakersfield, California, May 21, 2008 -Page 10
HEARINGS ACTION TAKEN
a. Public Hearing to consider Resolution of Necessity RES 077-08
to determine whether the public interest and
necessity require acquisition by eminent domain of a
portion of property and temporary construction
easement over and across certain property located
between Rosedale Highway and the Kern River,
specifically 2349 Parker Lane (A & A Land
Company, LLC, owner), for the Westside Parkway
project. (Code Civ. Proc. § 1240.010) (TRIP)
Public Works Director Rojas made staff comments.
Hearing opened at 7:57 p.m.
No one spoke.
Hearing closed at 7:58 p.m.
Motion by Vice-Mayor Hanson to approve the APPROVED
Resolution of Necessity for 2349 Parker Lane. AB BENHAM
b. Public Hearing to consider Resolution of Necessity RES 078-08
to determine whether the public interest and
necessity require acquisition by eminent domain of a
temporary construction easement over and across
certain property located between Rosedale Highway
and the Kern River, specifically 2221 Mohawk Street
(Chemex, Inc., owner); for the Westside
Parkway project. (Code Civ. Proc. § 1240.010)
(TRIP)
Public Works Director Rojas made staff comments.
Hearing opened at 7:59 p.m.
No one spoke.
Hearing closed at 8:00 p.m.
Motion by Vice-Mayor Hanson to approve the APPROVED
Resolution of Necessity for 2221 Mohawk Street. AB BENHAM
Bakersfield, California, May 21, 2008 -Page 11
14. HEARINGS continued
c. General Plan Amendment/Zone Change 07-2098
and PD Review 08-0686; McIntosh & Associates,
representing Castle & Cooke Commercial, the
property owner, has applied for a general plan
amendment, zone change and preliminary
development plan approval on approximately 47
acres located west of Calloway Drive, between
Stockdale Highway and the Kern River.
Resolutions adopting the Land Use Element
and Kern River Plan Element Amendments
of the General Plan modifying conditions for
a proposed commercial center as follows:
a. Approve the request to increase in
the maximum size of an individual
tenant from 100,000 square feet to
140,000 square feet.
b. Deny the request for another traffic
signal along Stockdale Highway.
c. Add a PCD overlay zone on the
entire 47-acre project site.
2. First reading of ordinance amending Title 17
of the Municipal Code changing the zoning
from C-2 to C-2/PCD.
3. Resolution approving a Planned
Development (PD) Review for the Riverwalk
Commercial Center, a 500,000 square foot
mixed-use commercial development.
Assistant City Clerk Gafford announced
correspondence and phone calls were received
regarding this item, nine in opposition and one in
support of the project.
Development Services Director Grady, City
Manager Tandy and Public Works Director Rojas
made staff comments.
Hearing opened at 8:10 p.m.
L
FR
RES 08i-0~
6 4'9
RES 079-0~
RES 080-0~
~'~ ~ Bakersfield, California, May 21, 2008 -Page 12
14. HEARINGS continued ACTION TAKEN
Item 14.c. continued
Bill Sampson, Castle & Cooke California, Inc., spoke
in favor of the staff recommendation and requested
clarification of PCD condition number forty-one
regarding financial responsibility. Additionally,
Cheryl Ketchum, area resident and real estate agent
and Leanne Goss, area resident, spoke in favor of
the staff recommendation.
Hearing closed at 8:18 p.m.
Motion by Councilmember Couch to approve the APPROVED
Resolution with the addition of language indicating
the City will dedicate the property on the westerly
side.
d. General Plan Amendment/Zone Change 06-1052;
Maurice J. Etchechury, representing The John M.
Antongiovanni Trust, the property owner, has
applied for a general plan amendment and zone
change on approximately 20 acres located
in southwestern Bakersfield at the southwest corner
of Panama Lane and Ashe Road.
1. Resolution making findings and certifying the
Final Environmental Impact Report
(EIR) for General Plan Amendment/Zone
Change 06-1052.
2. Resolution adopting the general plan
amendment changing the land use
designation from LR (Low Density
Residential) to GC (General Commercial) on
approximately 20 acres.
3. First reading of ordinance amending Title 17
of the Municipal Code and Zoning Map
No. 123-28 from R-1 (One Family Dwelling)
to C-2/PCD (Regional Commercial/Planned
Commercial Development) on approximately
20 acres.
Assistant City Clerk Gafford indicated numerous
emails and correspondence have been received
opposing the GPA/ZC.
Development Services Director Grady made staff
comments.
Hearing opened at 8:29 p.m.
6~
14. HEARINGS continued
Item 14.d. continued
Bakersfield, California, May 21, 2008 -Page 13
John Farrow, M.R. Wolf & Associates, on behalf of
Citizens for Responsible Growth, spoke in
opposition to the staff recommendation.
Mary Jane Wilson, President, WZI, spoke in favor
of the staff recommendation.
Hearing closed at 8:43 p.m.
Motion by Councilmember Scrivner to continue the
hearing to the neat GPA cycle.
15. REPORTS
None.
16. DEFERRED BUSINESS
None.
17. NEW BUSINESS
a. Budget and Finance Committee
recommendation regarding the expansion of
the City's refuse reduction programs.
City Manager made staff comments.
Daphne Harley Director of the Kern County Waste
Management Department made comments and
stated the County's support for the Committee
recommendation.
Motion by Councilmember Scrivner to direct staff to
meet with County staff and return to Council with a
recommendation regarding scope, cost sharing
information, any other relevant information and a list of
alternatives to the County hired consultant.
Motion by Councilmember Couch to join the County in
sharing the consultant they have already hired
provided a reasonable cost-sharing arrangement can
be reached.
Motion by Councilmember Scrivner to direct staff to
meet with the consultant the County has hired and
return to Council at a later date with a proposed
contract outlining the scope and cost-sharing
arrangement.
ACTION TAKEN
APPROVED
AMENDED
WITHDRAWN
APPROVED
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Bakersfield, California, May 21, 2008 -Page 14
18. MAYOR AND COUNCIL STATEMENTS ACTION TAKEN
Councilmember Weir requested the Budget and
Finance Committee review the process for Special
Assessment Districts.
Councilmember Sullivan requested staff refurbish light
poles in Kern City.
Councilmember Sullivan requested staff clean the
street lights in Kern City.
Councilmember Sullivan requested staff abate weeds in
the median divider on New Stine north of Sundale Ave.
and at the westbound off-ramp on Ming Ave. In
addition, she requested information regarding
composition of the median material, age, approximate
replacement cosf and a timeline projection for
replacement of the median at the Ming Ave. location.
Vice-Mayor Hanson requested staff address
correspondence from Rick Finch regarding sidewalk
repair.
Mayor Hall adjourned the meeting to Closed
Session at 9:39 p.m.
Motion by Councilmember Couch to adjourn from APPROVED
Closed Session at 10:17 p.m.
8. CLOSED SESSION ACTION continued
c. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6
19. ADJOURNMENT
APPROVED
the Council of the City of Bakersfield
~.r
Vice-Mayor Hanson adjourned the meeting at 10:21