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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 ~~ J 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 5 .~ v~ 5 ~ Bakersfield, California, June 11, 2008 -Page 4 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. ~~ B 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. 6~ 9 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) 6 ~`d 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' ...i 6~-1 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. 6 ~~' 2 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 66 3 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. 6~~ 4. 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". 6 ~~ ;~ 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. 6 ~` 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