HomeMy WebLinkAbout06/11/08 CC MINUTES6~
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 11, 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, Sullivan, Scrivner
Absent: None.
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
None.
4. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 12, 2008 Budget
Meeting and May 21, 2008 Regular City Council
Meeting.
Payments:
b. Approval of department payments from May 9, 2008
to May 29, 2008 in the amount of $17,840,816.92
and self-insurance payments from May 9, 2008 to
May 29, 2008 in the amount of $475,442.02.
Ordinances:
c. First Reading of Ordinance amending Title 17 (Zone
Map No. 124-29) of the Municipal Code by changing
the zoning from R-3 (Limited Multiple Family
Dwelling) to C-2 (Regional Commercial) on 0.63
acre located on the east side of South Union
Avenue, approximately 500 feet south of East
Panama Lane (ZC 08-0102 -Mark Sandoval
representing Matthew Mark and Partners, LP and
RHPDB LLC).
ACTION TAKEN
AB WEIR
FR
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Bakersfield, California, June 11, 2008 -Page 2
4. CONSENT CALENDAR continued
d. First Reading of Ordinance approving a Negative
Declaration and amending Title 17 (Zone Map No.
123-37) of the Municipal Code by changing the
zoning from R-1 (One-Family Dwelling) to M-1 (Light
Manufacturing) on 1.79 acres generally located on
the northeast corner of McCutchen Road and Ashe
Road (Applicant: Summit Engineering representing
Old River Land Company) (ZC 08-0179)
e. First Reading of Ordinance amending Section
2.28.030 of the Municipal Code relating to Planning
Commission -Creation -Members, incorporating
only the technical changes relating to dates for
future appointments of Planning Commissioners.
f. Adoption of Ordinance amending Municipal 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. (FR 05/21/08)
g. Adoption of Ordinance approving a Notice of
Exemption and amending Title 17 (Zone Map No.
102-19) 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) (FR 05/21/08)
h. Adoption of Ordinance adopting the Notice of
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) (FR 05/21/08)
Adoption of Ordinance amending Title 17 (Zone
Map No. 123-06) of the Municipal Code from C-2 to
C-2/PCD (Regional Commercial/Planned
Commercial Development) on approximately 47
acres located west of Calloway Drive between
Stockdale Highway and the Kern River. (ZC 07-
2098 -McIntosh & Associates). (FR 05/21/08)
ACTION TAKEN
FR
REMOVED FOR
SEPARATE
CONSIDERATION
ORD 4508
ORD 4509
ORD 4510
ORD 4511
Bakersfield, California, June 11, 2008 -Page 3
4. CONSENT CALENDAR continued
j. Adoption of Ordinance approving tike Negative
Declaration and amending Title 17 (Zone Map No.
123-28) of the Municipal Code and amending
Zoning Map No. 123-28 from A (Agriculture Zone) to
R-2 (Limited Multiple Family Dwelling) on 39.94
acres and to M-1 (Light Manufacturing) on 19.99
acres generally located northwest of Ashe Road and
McCutchen Road. (ZC 07-1135 -Dave Dmohowski)
(FR 05/07/08)
k. Adoption of Ordinance approving a Notice of
Exemption and amending Title 17 (Zone Map No.
103-19) of the Municipal Code by changing the
zoning from R-3 (Multiple Family Dwelling) to C-O
(Professional and Administrative Office) on 0.92
acre at the northeast corner of San Dimas Street
and 33~d Street.) (GPA/ZC 08-0151 -City). (FR
o5io7io8)
Adoption of Ordinance amending Title 17 (Zone
Map No. 123-32) of the Municipal Code by changing
the zoning from A (Agriculture) to M-2 (General
Manufacturing) on 19.55 acres generally located at
the southwest corner of Gosford Road and
McCutchen Road. (ZC 07-1930 -Brent Dezember,
representing Structure Cast). (FR 05/07/08)
m. Adoption of Ordinance approving the Negative
Declaration and amending Title 17 (Zone Map No.
104-16) of the Municipal Code by changing the
zoning from R-1 (One Family Dwelling Residential)
to R-2/PUD (Limited Multi-Family Dwelling
Residential/Planned Unit Development) on
approximately 18 acres generally located northeast
of Highway 178 and Masterson Street. (ZC 07-2342
-Spring Hill Development). (FR 05/07/08)
Resolutions:
n. Delinquent Sewer Charges:
1. Resolution providing for the collection of
delinquent sewer charges by the Kern
County Tax Collector.
2. Resolution authorizing the Kern County Tax
Collector to establish two special accounts to
track collection of Plant #2 and Plant #3
delinquent sewer charges.
ACTION TAKEN
ORD 4512
ORD 4513
ORD 4514
ORD 4515
RES 082-08
RES 083-08
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4. CONSENT CALENDAR continued ACTION TAKEN
o. Resolution voiding the negative declaration for the RES 084-08
amendments to Chapter 17.66 relating to HD -
Hillside Development Combining Zone of Title 17 of
the Municipal Code.
p. Resolutions adding the following territories 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.
1. Area 2-38 (Akers, Alum NE) RES 085-08
2. Area 4-84 (Canyons #1) RES 086-08
q. Resolution determining that Bioxide, a proprietary RES 087-08
chemical for sewer odor control and reduction of
sulfide gas levels, cannot be reasonably obtained
through the usual bidding procedures and
authorizing the Finance Director to dispense with
bidding thereof for a period of one (1) year (not to
exceed the budgeted amount of $700,000).
r. Purchase of Bomb Response Vehicle:
Resolution authorizing the Finance Director RES 088-08
to dispense with normal bidding procedures
and authorize the purchase of a bomb
response vehicle from Braun Northwest Inc.
(not to exceed $285,000).
2. Appropriate $141,355 seized asset revenues
to the Capital Improvement Budget within the
Supplemental Law Enforcement Fund for the
purchase of a bomb response vehicle.
Agreements:
Agreement with BH Investments, Inc. ($231,000) to gGR08-090
purchase real property located on the east side of qGR 08-091
Mohawk Street south of Rosedale Highway and DEED 6869
north of the BNSF railroad for the Westside
Parkway.
Agreement with A & A Land Company, LLC to
purchase real property located on the east side of DELETED
Mohawk Street south of Rosedale Highway and
north of the BNSF railroad for Westside Parkway.
del
4.
Bakersfield, California, June 11, 2008 -Page 5
CONSENT CALENDAR continued
ACTION TAKEN
u. Settlement Agreement with Tricor Energy, LLC
($4,093,400) for reimbursement of costs to relocate AGR 08-092
facilities being impacted by the Westside Parkway AGR 08-093
Project within the Fruitvale Oil Field, Red Ribbon
Ranch Lease located on both sides of Mohawk
Street south of Rosedale Highway and north of the
Kern River.
v. Agreement with Wilson & Associates (not to exceed qGR 08-094
$114,200) to provide continuing disclosure services
for various Special Assessment Districts.
w. Agreement with Bakersfield Brigade SMUF (20% of qGR 08-095
fees collected to be paid to the City) for
management services at Saunders Park Multi-
purpose Recreational Facility.
x. Agreement with SMG (not to exceed $50,000) to
reimburse costs associated with renting the qGR 08-096
Rabobank Arena for the Christian Congregation of
Jehovah's W fitness' Conventions.
y. Agreements with the following engineering firms
(each not to exceed $300,000) for providing on-call
engineering and surveying services for non-federally
funded Capital Improvement Projects during the
remaining portion of Fiscal Year 2007-08 and all of
Fiscal Years 2008-09 and 2009-10.
1. Harris & Associates
2. Meyer Civil Engineering, Inc. qGR o8-097
3. Ruettgers & Schuler Civil Engineers qGR 08-098
AGR 08-099
Amendment No. 1 to Agreement 92-250 with
California Water Service Company to allow service qGR 92-250(1)
pipe replacement as capital expense, establish a
deductible to repair costs and adjust percentage for
engineering and inspection fees.
aa. Amendment No. 1 to Agreement 07-417 with qGR 07-417(1)
Michael M. Hogan, Law Firm of Hogan Guiney Dick
LLP, (not to exceed $115,000) to provide outside
legal services in the matters of DKS Investments,
LLC; and Canyons, LLC v. City.
bb. Amendment No. 1 to Agreement 07-197 with KSS
Systems, Inc. dba Kern Security Patrol ($70,000) AGR 07-197(1)
extending the term to June 19, 2009 for park
security services.
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Bakersfield, California, June 11, 2008 -Page 6
4. CONSENT CALENDAR continued ACTION TAKEN
cc. Amendment No. 1 to Agreement 07-198 with Zim qGR 07-198(1)
Industries, Inc. dba Bakersfield Well and Pump
Company ($100,000) extending the term to June 19,
2009 for maintenance and repair of the Olcese
wells.
dd. Amendment No. 4 to Agreement 07-192 with Meyer qGR 07-192(4)
Civil Engineering, Inc. ($20,000; revised not to qB COUCH
exceed $199,390) for additional engineering and
construction administration services for Mill Creek -
Phase 1 (Central Park).
ee. Contract Change Order No. 1 to Agreement 07-403 qGR 07-403
with Parsam Construction, Inc. ($13,871.78; revised CCO 1
not to exceed $667,871.78) for the Olcese 1 & 2
Block Pump Houses Project located at the River
Canal at Nord Road.
ff. Contract Change Order No. 1 to Agreement 07-302 qGR 07-302
with Kiewit Pacific Corporation ($169,165; revised CCO 1
not to exceed $211,190,165) for the Wastewater
Treatment Plant #3 - 2007 Expansion.
Bids:
gg. Accept bid from Bakersfield Truck Center
($297,628.74) for one additional three (3) axle side-
loading automated refuse truck for the Public Works
Department Solid Waste Division.
hh. Accept bid from Valmont Industries, Inc.,
($127,584.60) for traffic signal poles.
Accept bid and award annual contract to Gilliam and AGR 08-100
Sons, Inc., (not to exceed $2,500,000) for
earthmoving and hauling services.
Accept bid and award annual contract to Pestmaster qGR 08-101
Services, Inc. ($91,723.80) for chemical application
for the Water Resources and Recreation and Parks
Departments.
kk. Roof Replacement at 1715 Chester Avenue,
Development Services Building:
Accept bid and award contract to Best qGR 08-102
Contracting Services, Inc., ($159,647) for
roof replacement.
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Bakersfield, California, June 11, 2008 -Page 7
4. CONSENT CALENDAR continued ACTION TAKEN
2. Transfer $70,000 from Public Works Capital
Improvement Project (Roof Replacement) to
the Capital Improvement Project entitled
Replace Roof at Development Services
Building within the Capital Outlay Fund.
II. Accept bid and award contract to Kern Pacific qGR 08-103
Construction Company ($228,462.50) for installation
of metered turnouts on the Northwest Feeder
Pipeline Project.
Miscellaneous:
mm. Authorize the Finance Director to forward to a
collection agency, accounts receivable in various
funds totaling $147,943.77.
nn. Planning and Development Committee Report
regarding standards for subdivision walls along
freeways, arterial and collector streets.
Councilmember Weir announced he would abstain due
to conflicf of interest, source of income, on item 4.b.
Councilmember Couch announced he would abstain
due to conflict of interest, potential source of income
to himself and to his employer, on item 4.dd.
Motion by Vice-Mayor Hanson to approve Consent gppROVED
Calendar items 4.a. through 4.nn., with item t. deleted
and the removal of item 4.e. for separate consideration.
e. First Reading of Ordinance amending Section
2.28.030 of the Municipal Code relating to Planning
Commission -Creation -Members, incorporating
only the technical changes relating to dates for
future appointments of Planning Commissioners.
Motion by Vice-Mayor Hanson to approve Consent gppROVED
Calendar item 4.e. NS WEIR
5. CLOSED SESSION
a. Conference with Legal Counsel -Potential Initiation
of Litigation; Closed Session pursuant to subdivision
(c) of Government Code Section 54956.9. (One
issue)
b. Conference with Legal Counsel -Potential
Litigation; Closed Session pursuant to subdivision
(b)(1)(3)(A) of Government Code Section 54956.9.
(One issue)
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Bakersfield, California, June 11, 2008 -Page 8
CLOSED SESSION continued
Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5:19 p.m.
Motion by Vice-Mayor Hanson to adjourn from Closed
Session at 6:35 p.m.
RECONVENED MEETING approximately 6:47 p.m.
6. ROLL CALL
Present: Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Couch, Sullivan, Scrivner
Absent: None.
7. INVOCATION by Reverend Elizabeth Price, Acts of Worship
Ministries.
8. PLEDGE OF ALLEGIANCE by Garrett LaFavor, 5th Grade
Student, Lakeside School.
Mayor Hall recognized the Bakersfield College
government class in attendance at the meeting.
9. CLOSED SESSION ACTION
a. Conference with Legal Counsel -Potential Initiation
of Litigation; Closed Session pursuant to subdivision
(c) of Government Code Section 54956.9. (One
issue)
b. Conference with Legal Counsel -Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. (One issue)
10. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to
Margaret Gallegos, Principal, Juliet Thorner
Elementary School, proclaiming June 11, 2008, as
Juliet Thorner Elementary School Day.
Mayor Hall was joined by Councilmember Weir for
this presentation.
Ms. Gallegos accepted the Proclamation and made
comments, and acknowledged students, staff and
friends in attendance at the meeting.
ACTION TAKEN
APPROVED
APPROVED
STAFF GIVEN
DIRECTION
THE MATTER
REMAINS OPEN
t'
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Bakersfield, California, June 11, 2008 -Page 9
10. PRESENTATIONS continued ACTION TAKEN
Item 10.a. continued
Councilmember Weir made comments commending
the school's accomplishments.
b. Presentation by Mayor Hall of Proclamation
to Sung Lim Koo, International Relations Team
Chief, Bucheon City, South Korea, bestowing on
him the title of Honorary Citizen of Bakersfield.
Mayor Hall recognized Frank Tripicchio, member of
Sister Cities International Board of Directors, who
made comments on behalf of Patrick Benton,
Executive Director of Sister Cities International,
expressing appreciation to Mr. Koo.
Mayor Hall acknowledged friends of Mr. Koo and
Sister City Board of Directors and the Korean
American Association in attendance at the meeting.
Mr. Koo accepted the Proclamation and made
comments.
11. PUBLIC STATEMENTS
a. Fuchsia Ward asked Tom Johnson, a member of
the Kiwanis Club of South Bakersfield to join her at
the podium to make a presentation from the 12
Kiwanis clubs of Division 33 of California, Nevada,
Hawaii Kiwanis International to Mayor Hall with the
Kiwanis Club Distinguished Service Award.
Mayor Hall accepted the Award and made
comments.
b. Captain Martin Coronado spoke regarding the 422nd
Military Police Company Army Reserve Change of
Command Ceremony on June 22, 2008, at 1:00
p.m., and extended a personal invitation to the
Mayor and City Council.
c. Takvor Takvorian, David Tabb, Amy Richardson and
Angelo Haddad spoke regarding Westpark.
Councilmember Couch requested that Mr. Takvorian's
comments be referred to staff for a response.
Councilmember Carson responded to the comments made
regarding the meeting that Cal Trans had for the Westpark
F residents.
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Bakersfield, California, June 11, 2008 -Page 10
11. PUBLIC STATEMENTS continued ACTION TAKEN
d. Scott Dragoun, Mercedes Noonan and Richard
Thompson spoke regarding the Fill the Boot
Fundraiser for Muscular Dystrophy, and Ms. Noonan
provided books to the Mayor and City Council.
12. APPOINTMENTS
None.
13. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution to revise the
Countywide Siting Element of Kern County and
Incorporated Cities Integrated Waste Management
Plan.
b. Public Hearing to consider Resolution adopting
proposed sewer rate increase (14.8%) for Fiscal
Year 2008-09.
c. Public Hearing to consider Resolution
adopting proposed residential refuse rate increase
(3.9%) for Fiscal Year 2008-09.
d. Public Hearing to consider Resolution adopting
proposed commercial refuse rate increase (3.9%)
for Fiscal Year 2008-09.
e. Public Hearing to consider Resolution increasing the
domestic water quantity rate for Ashe, Fairhaven
and Riverlakes Ranch service areas of the City's
Water System.
Protest Hearing to consider Resolution approving
and adopting the Public Works Director's report for
the Consolidated Maintenance District and the
2008-2009 Budget, confirming the park landscaping
assessments and authorizing collection of
assessments by the Kern County Tax Collector.
g. Protest Hearing to consider Resolution approving
and adopting the Pubic Works Director's report for
the Consolidated Maintenance District and the
2008-2009 Budget, confirming the street
landscaping assessments and authorizing collection
of assessments by the Kern County Tax Collector.
RES 089-08
REMOVED FOR
SEPARATE
CONSIDERATION
RES 090-08
RES 091-08
RES 092-08
RES 093-08
RES 094-08
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Bakersfield, California, June 11, 2008 -Page 11
13. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
h. Protest Hearing to consider Resolution approving RES 095-OS
and adopting the Public Works Director's report for
12 Traffic Signal Maintenance Districts and the
2008-2009 Budgets, confirming the assessments
and authorizing collection of assessments by the
Kern County Tax Collector.
City Clerk McCarthy announced correspondence
was received from ten citizens in opposition to the
sewer and refuse rate increases regarding items
13.b. and 13.c.
Consent Calendar Hearings opened at 7:36 p.m.
Robert Castro requested item 13.b. be removed for
separate consideration.
Mayor Hall announced the removal of item 13.b. for
separate consideration.
Hearings closed at 7:37 p.m.
Motion by Vice-Mayor Hanson to approve items 13.a. APPROVED
through 13.h, with item 13.b. removed for separate
consideration.
14. HEARINGS
a. Public Hearing for the Fiscal Year 2008-09
Operating, Bakersfield Redevelopment Agency and
Capital Improvement Program Budgets.
Assistant City Manager Stinson made staff
comments and recommended hearing public
testimony, with the final adoption of the budget
scheduled to come back to the City Council for
consideration on June 25, 2008.
Hearing opened at 7:41 p.m.
No one spoke.
Hearing closed at 7:41 p.m.
Mayor Hall announced this item will return to the
City Council for action at the June 25, 2008 Council
Meeting.
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Bakersfield, California, June 11, 2008 -Page 12
13. CONSENT CALENDAR HEARINGS ACTION TAKEN
b. Public Hearing to consider Resolution adopting RES 096-08
proposed sewer rate increase (14.8%) for Fiscal
Year 2008-09.
Hearing opened at 7:42 p.m.
Robert Castro spoke in opposition to the rate
increase.
City Clerk McCarthy provided clarification on this
item and that the record will reflect that Mr. Castro
was referencing the refuse rates and not the sewer
rates.
Hearing closed at 7:45 p.m.
Motion by Vice-Mayor Hanson to approve item 13.b. APPROVED
15. REPORTS
None.
16. DEFERRED BUSINESS
a. Proposed Quiet Zone on the Burlington Northern
Santa Fe (BNSF) railroad Mojave Corridor from L
Street to Sumner Street.
City Manager Tandy gave overviews of alternates x,
y, and z.
Public Works Director Rojas made a computer
presentation.
Councilmember Benham announced that she will be
recommending alternate "z".
11. PUBLIC STATEMENTS continued
d. Rose Long, Dean Gardner, Ruth Gardner and Evon
Nichols, spoke in support of alternate "z".
e. Ernest Raft, Betty Giuffre, Phillip Barney and Doris
Warnell spoke in opposition to the train horn noise.
Councilmember Couch suggested asking for
assistance from the League of California Cities with a
comprehensive statewide plan.
Motion by Councilmember Benham to submit a detailed APPROVED
plan by June 24, 2008, recommending alternative "z".
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Bakersfield, California, June 11, 2008 -Page 13
17. NEW BUSINESS ACTION TAKEN
None.
Recess taken from 9:03 p.m. to 9:13 p.m.
18. COUNCIL AND MAYOR STATEMENTS
Councilmember Couch turned in referrals and asked
staff to contact him.
Councilmember Couch asked staff to look into the
issue of the placement of The Californian newspaper
dispensing machines and suggest they be located by
the bank of mail boxes located in most communities as
a recommended location.
Councilmember Scrivner referred a letter from the HBA
regarding traffic impact fees to staff for comment and
answers to the questions.
Councilmember Benham referred a suggestion from
the Metropolitan Recycling Corporation to staff to
include comments on their proposal for a July City
Council Meeting.
Councilmember Benham requested staff contact a
constituent who has applied for the garbage rebate as a
senor and provide him assistance m comp/et~ng the
form.
Councilmember Benham requested staff look at
correspondence from Senator Boxer regarding federal
funding for transportation to determine if the City of
Bakersfield is eligible for any funding.
Councilmember Benham referred two items of
correspondence on which she would like staff's
assistance.
Vice-Mayor Hanson asked staff to respond to a referral
from Peter Bacon.
Motion by Vice-Mayor Hanson to close item 5.b. of APPROVED
Closed Session. ABS CARSON
Councilmember Sullivan recommended looking into the
issue of spaying and neutering the pet population and
would like the City Council to make a decision, then
make a recommendation to the County.
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Bakersfield, California, June 11, 2008 -Page 14
18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Mayor Hall congratulated Steve Hollingsworth on his
promotion to Public Works Operations Manager.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 9:20 p.m.
ATTEST:
CITY CLERK and Ex Officio Jerk of
the Council of the City of Bak sfield