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HomeMy WebLinkAbout09/03/08 CC MINUTES~~ _t 7 1 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 3, 2008 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:16 p.m. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan (seated at 5:17 p.m.), Scrivner Absent: None 2. PUBLIC STATEMENTS Councilmember Couch requested that fwo speakers be allowed to speak at this time instead of waiting through Closed Session. Bill Denike thanked the Mayor and Council for their efforts in making Bakersfield a good community. Tom Russell spoke regarding the Kimberly Avenue Annexation Project and submitted written material regarding his concerns about the sewer system, and requested that City Council petition LAFCO to call off the annexation. Councilmember Couch referred to staff the issue of the City's practice regarding sewer connections and any potential conflict with State Law. Councilmember Couch referred to staff fhe feasibility of extending the payment time for hooking up to the sewer. Councilmember Couch asked staff to provide clarity regarding the timing on the annexation election. 3. WORKSHOPS ACTION TAKEN None. 720 Bakersfield, California, September 3, 2008 -Page 2 4. CONSENT CALENDAR ACTION TAKEN Minutes: a. Approval of minutes of the August 20, 2008 Regular City Council Meeting. Payments: b. Approval of department payments from August 8, ABS WEIR 2008 to August 21, 2008 in the amount of $9,268,042.81 and self-insurance payments from August 8, 2008 to August 21, 2008 in the amount of $595,484.01. Ordinances: c. Adoption of Ordinance approving a Negative ORD 4529 Declaration and amending Title 17 (Zone Map No. 123-12) of the Municipal Code by changing the zoning from P (Parking) to C-2 (Regional Commercial) on 31,500 square feet located on the south side of Ming Avenue, east of Castro Lane. (ZC 08-0224) (Applicant: McIntosh and Associates/Property Owner: General Growth Properties, Inc.) d. Adoption of Ordinance approving a Negative ORD 4530 Declaration and amending Title 17 (Zone Map No. 101-26) of the Municipal Code by changing the zoning from E (Estate) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 6.72 acres and from C-2 (Regional Commercial) to C-2/PCD on 8.28 acres located at the northwest corner of Allen Road and Brimhall Road. (ZC 07-2041) (Applicant: Porter & Associate/Property Owner: Lone Palm Farms) Resolutions: e. Resolutions ordering judicial foreclosure of delinquent assessments (544 parcels totaling $216,170) for the following Assessment Districts: 1. AD 94-1 (Renfro/Hughes) RES 14i-08 2. AD 94-2 (Gosford/VVhite) RES 142-08 3. AD 96-1 (BII/SM/FW/CP) RES 143-08 4. AD 99-2 (Seven Oaks West) RES 144-08 5. AD 01-1 (Ming ~ Allen/Hampton Place) RES 145-08 6. AD 01-2 (Seven Oaks West II/River RES 146-08 Walk/Southern Oaks) 7. AD 01-3 (Mountain Vista/San Lauren) RES 147-08 8. AD 02-1 (Avalon/Belsera/MontairelThe RES 148-08 Woods) 9. AD 03-1 (Brighton Place/Silver Creek II) RES 149-08 -721 Bakersfield, California, September 3, 2008 -Page 3 4. CONSENT CALENDAR continued ACTION TAKEN Item 4.e. continued 10. AD 03-2 (Buena Vista Ranch/Belsera RES 150-08 II/Montera II/Olive Park II) 11. AD 03-3 (Seven Oaks West III/Brighton RES 151-08 Place II/Fairway Oaks South/Cosmo) 12. AD 04-1 (Countryside/The RES 152-08 Homestead/Cherry Hill/Olive Park III) 13. AD 05-3 (Liberty II/Village GreenlTesoro- RES 153-08 Encanto/Lin/Rider/Diamond Ridge) Resolution adding Area 4-86 (7001 Auburn Street) RES 154-08 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. g. 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 1-85 (Tract 6794) RES 155-08 2. Area 3-79 (Panama, Gosford NW) RES 156-08 3. Area 5-52 (Fairfax, E Wilson NW) RES 157-08 h. Resolutions adding the following territories to the Traffic Signal 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 TS-16 (White Lane, Buena Vista Road) RES 158-08 RES 159-08 2. Area TS-17 (Calloway, Sebeck NW) i. Resolutions of Intention adding the following territories to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Directors Report. 1. No. 1613 -Area 5-53 (Redbank, Glebe SW) ROI 1613 2. No. 1614 -Area 5-54 (S Fairfax, Redbank ROI 1614 SE) 3. No. 1616 -Area 4-87 (Chester Ave E, ROI 1616 Between 36th & 38th) 4. No. 1617 -Area 3-80 (Panama, Gosford ROI 1617 SW) 5. No. 1618 -Area 5-55 (Panama, Cottonwood ROI 1618 SE) 6. No. 1619 -Area 5-56 (8601 S H Street) ROI 1619 _ ~ ~~ Bakersfield, California, September 3, 2008 -Page 4 4. CONSENT CALENDAR continued ACTION TAKEN Item 4.i. continued 7. No. 1620 -Area 5-57 (Massey, E Pacheco ROI 1620 NW) Agreements: Bakersfield Regional Transportation Impact Fee Update Study: Agreement with Parsons Transportation qGR 08-145 Group, Inc. ($55,000) for the preparation of cost estimates derived from the analysis of the Bakersfield Regional Transportation Impact Fee Update Study. 2. Appropriate $55,000 Transportation Development Fund balance to the Public Works Department Capital Improvement Budget. k. Environmental Impact Report (EIR) for GPA2C No. 07-0655 (Bakersfield Gateway Project) located along the east side of State Route 99 between Hosking Avenue and Berkshire Road, west of South H Street. 1. Amendment No. 1 to Agreement No. 07-299 qGR 07-299(1) with Jones and Stokes Associates, Inc. ($45,401) for preparation of EIR. 2. Appropriate $45,401 (developer's contribution) to the Development Services Operating Budget in the General Fund for preparation of EIR. Amendment No. 1 to Agreement No. 07-349 with qGR 07-349(1) Granite Construction Company ($5,000,000; revised not to exceed $10,000,000) and extending the term for one (1) year for street materials. Bids: m. Replacement (60) Touch Screen Toughbook Computers: Rescind bid award to Paradigm System Solutions, Inc. ($221,659.65). 2. Award bid to Capital Datacorp ($271,413.78). y "'__ Bakersfield, California, September 3, 2008 -Page 5 4. CONSENT CALENDAR continued ACTION TAKEN Miscellaneous: n. Reclassification of one (1) Clerk Typist II position to Accounting Clerk II in the Telecommunications Division of the Public Works Department. o. Reclassification of one (1) Police Lieutenant position to Assistant Chief of Police. p. Appropriate $5,118 State Grant Revenues (CAL- NMET) to the Police Department Operating Budget within the General Fund toward the cost of surveillance equipment. q. Acceptance of State Farm Good Neighbor Citizenship Grant ($3,850) and appropriate $3,850 contribution to the Police Department Operating Budget within the General Fund for the purpose of purchasing car seats and educating the community on proper use and installation of child restraint systems. r. City's position on 2008 League of California Cities Resolutions. Councilmember Weir announced he would abstain due to conflict of interest, source of income, on item 4.6. Councilmember Carson asked questions and Finance Director Smith responded regarding item 4.e. Motion by Vice-Mayor Hanson to approve Consent Calendar items 4.a. through 4.r. APPROVED 5. CLOSED SESSION a. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One matter) Motion by Vice-Mayor Hanson to adjourn to Closed APPROVED Session at 5:28 p.m. Motion by Councilmember Couch to adjourn from APPROVED Closed Session at 6:23 p.m. - 724 Bakersfield, California, September 3, 2008 -Page 6 RECONVENED MEETING - 6:37 p.m. ACTION TAKEN 6. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan, Scrivner Absent: None 7. INVOCATION by Pastor Pat Sheahan, Northminster Presbyterian Church. 8. PLEDGE OF ALLEGIANCE by Ethan Helston, 4'h Grade Student at Columbia Elementary School. Mayor Hall recognized Boy Scout Troop 484 in attendance at the meeting. 9. CLOSED SESSION ACTION a. Conference with Legal Counsel -Potential STAFF GIVEN Litigation; Closed Session pursuant to DIRECTION subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One matter) 10. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Barbara Fowler, proclaiming September 2008 as Fetal Alcohol Spectrum Disorders Awareness Month. Barbara Fowler, representing the Kern County Fetal Alcohol Spectrum Disorder Awareness Committee, accepted the Proclamation and made comments, and acknowledged Arlana Absher from BARC and Lorena Diaz from Kern Regional Center, Committee Co-Chairs, in attendance at the meeting. b. Presentation by Mayor Hall of Proclamation to Bernard J. Herman, 2008 John Brock Community Service Award winner, declaring September 4, 2008 as Bernard J. Herman Day. Bernard Herman accepted the Proclamation and made comments. 11. PUBLIC STATEMENTS None. Bakersfield, California, September 3, 2008 -Page 7 12. APPOINTMENTS ACTION TAKEN a. One appointment to the Metropolitan Bakersfield Habitat Conservation Trust Group due to the expiration of term of Thomas Blackmon, term expires September 2008. City Clerk McCarthy announced applications were received from Louise Palmer and Donna Carpenter. After a ballot vote by the City Council, City Clerk McCarthy announced unanimous support for Donna Carpenter. Motion by Vice-Mayor Hanson to appoint Donna APPROVED Carpenter. 13. CONSENT CALENDAR HEARINGS None. 14. HEARINGS None. x 15. REPORTS None. 16. DEFERRED BUSINESS a. Report on utilization of a $1,500,000 State Grant for equipment to sort recyclables. 1. Issuance of bids to purchase equipment. 2. Issuance of a request for proposals (RFP) for a service provider to sort recyclables. Public Works Director Rojas provided an update of the grant process. Motion by Councilmember Weir to recommend APPROVED issuance of the equipment purchase bids and the RFP. 17. NEW BUSINESS None. r _•. ~~~ - 7'2 5 '~~ f K 7.26 Bakersfield, California, September 3, 2008 -Page 8 18. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN Councilmember Benham referred a constituent letter to Development Services regarding property near St. Francis School. Councilmember Benham referred a constituent letter to staff regarding the deteriorated condition of an alley behind the 1600 block of Olive Street. Councilmember Benham referred a constituent concern fo staff regarding tumbleweeds and litfer along the embankment at Golden State Freeway and F Streef. Councilmember Carson asked Streets to assess the incomp/eted project at 6th & P streets regarding a drainage issue. Councilmember Carson offered congratulations to Rosetta Brown on her 90tH birthday. Councilmember Weir thanked Solid Waste staff for the recent large item pickup at his house. Councilmember Weir announced he is pleased to see the pilot program for dog licensing is underway. Councilmember Weir announced his granddaughters had a great experience this year at the Jefferson Park swimming program, thanks to Recreation and Parks staff. Councilmember Couch turned in several referrals for staff regarding traffic signal timing and the possibility of lowering the speed limit. Councilmember Couch asked if someone from staff would stay after the meeting to talk to him about an upcoming Hearing on September Stn Councilmember Sullivan announced she will be calling in her referrals. Mayor Hall expressed his concern about the recent announcement that Bakersfield might lose the minor league baseball franchise and encouraged the City Council to get involved and help save minor league baseball in Bakersfield. Bakersfield, California, September 3, 2008 -Page 9 19. ADJOURNMENT Mayor Hall adjourned fhe meeting at 7:00 p.m. MAYOR of the City of Bakersfield, CA ATTEST: /. CITY CLERK and Ex Officio CI of the Council of the City of Bakersfi ACTION TAKEN _f a.. -'~ 2 $ ***THIS PAGE INTENTIONALLY LEFT BLANK***