HomeMy WebLinkAbout02/11/09 CC MINUTES
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 11, 2009
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Benham, Weir, Couch,
Sullivan
Absent: Councilmembers Carson, Hanson
2. INVOCATION by Pastor John May, Rio Bravo Valley Baptist
Church
3. PLEDGE OF ALLEGIANCE by MacKenzie Sawyer, 3rd grade
student at Del Rio Elementary.
4. PUBLIC STATEMENTS
Marvin Dean spoke regarding southeast community jobs
and contracts, and provided written material.
Councilmember Benham referred Mr. Dean's proposal
to the Budget & Finance Committee.
Pauletta Taylor spoke regarding training programs and jobs
for youth in the community.
5. WORKSHOPS
None.
6. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Erica George, Miss Teen Bakersfield 2008,
declaring February 11, 2009 Erica George Day.
Erica George received the proclamation and made
comments.
Councilmember Couch requested another public statement
be allowed to take place at this time.
ACTION TAKEN
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4.
7.
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Bakersfield, California, February 11, 2009 -Page 2
PUBLIC STATEMENTS continued ACTION TAKEN
Joshua Cohen, from Boy Scout Troop 194, spoke regarding
a Community Awareness Fair taking place on March 1,
2009, and provided written material.
APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the January 28, 2009
Regular City Council Meeting.
Payments:
b. Approval of department payments from January 16,
2009 to January 29, 2009 in the amount of
$12,204,875.40 and self-insurance payments from
January 16, 2009 to January 29, 2009 in the amount
of $223,607.51.
Ordinances:
c. First Reading of Ordinance amending Municipal
Code Section 1.12.040 by adding Annexation No.
605 consisting of 20.83 acres, located on Hooper
Avenue, between Coffee Road and Patton Way to
Ward 4.
d. Adoption of the following Ordinances:
1. Amending Section 3.12 020 of the Municipal
Code relating to presentation of claims
against the City.
2. Amending Section 8.80 170 of the Municipal
Code relating to payments to the Finance
Director regarding abatement of public
nuisances.
3. Amending Sections 14.04.050 and
14.04.100 relating to payments to the City
Treasurer regarding bills for water service in
the Ashe Water Service Area.
Resolutions:
e. Sewer Construction and Connection Fees:
1. Resolution confirming assessments for the
construction and connection fee(s) and
authorizing the collection of assessments by
the Kern County Tax Collector.
ABS WEIR
FR
ORD 4562
ORD 4563
ORD 4564
RES 010-09
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Bakersfield, California, February 11, 2009 -Page 3
8. CONSENT CALENDAR continued
Item 8.e. continued
2. Agreement with Teodulo Ortiz & Virginia
Ortiz, 4304 Joseph Drive to pay construction
and connection fee(s) in installments and
notice of special assessment lien.
Resolutions approving applications proposing
proceedings for annexation of uninhabited
territory to the City identified as:
Annexation No. 515 consisting of 11.37
acres, located on the south side of Taft
Highway, west Stine Road.
2. Annexation No. 612 consisting of 0.24 acres,
located on the north side of Belle Terrace,
between McDonald Way and Fiorito Street.
g. Resolution to authorize sale of surplus fire engine
(Reserve Engine 215) to the Bakersfield College
Fire Technology Program for One Dollar.
h. Resolution of Intention No. 1630 to form a Traffic
Signal Maintenance District, designated as TS-19
(34th St, San Dimas NE) and preliminarily adopting,
confirming and approving the Public Works
Director's Report.
Agreements:
On-Call Civil Engineering and Surveying
Agreements:
Amendment No. 3 to Agreement No. 05-247
with AECOM USA (formerly DMJM Harris) to
extend term by one year to December 31,
2009 (no change in not-to-exceed
compensation amounts).
2. Amendment No. 3 to Agreement No. 05-252
with Willdan to extend term by one year to
December 31, 2009 (no change in not-to-
exceed compensation amounts).
Amendment No. 1 to Agreement No. W R 07-004
with Jones & Stokes ($28,740; revised total not to
exceed $68,740) to provide Year 2 Environmental
Mitigation Monitoring Services as described in the
City's Mitigation and Monitoring Plan for the Lower
Kern River.
ACTION TAKEN
AGR 09-018
RES 011-09
RES 012-09
RES 013-09
RO/ 1630
AGR 05-247(3)
AGR 05-252(3)
AGR 09-019
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Bakersfield, California, February 11, 2009 -Page 4
CONSENT CALENDAR continued ACTION TAKEN
k. Contract Change Order No. 1 to Contract No. AGR 08-~26
08-126 with Floyd Johnston Construction Company 0001
($76,350; revised total not to exceed $608,264) for
removal of 120 feet of 16" diameter water pipeline
and replace with a 20" diameter domestic water
pipeline along Coffee Road between Granite Falls
Way and the Calloway Canal.
Contract Change Order No. 3 to Agreement No. AGR 08-125
08-125 with Maverick Asphalt and Construction 0003
($12,876; revised total not to exceed $1,447,025.70)
for the project known as Full Depth Reclamation
Federal Fiscal Year 2007/2008 Camino Media from
Old River Road to 200' West of Lancashire.
m. Contract Change Order No. 4, No. 5, No. 28 and AGR 07-304
No. 39 to Agreement 07-304 with Security Paving 0004, 0005,
Construction ($261,536.15; revised total not to 00028, 00039
exceed $29,939,908.99) for State Route 178 and
Fairfax Road Interchange Project. (TRIP)
Bids:
n. Accept bid from Wesco Distribution ($322,675.57) REMOVED BY
for decorative lights and bollards for Mill Creek STAFF
Linear Park.
o. Accept bid from HPS Mechanical, Inc., ($97,413.03) ABS COUCH
for drinking fountains for Mill Creek Linear Park.
p. Accept bid and award contract to Franzen-Hill AGR 09-020
Corporation ($63,860) for Vapor Recovery Systems
at the Corporation Yard and Police Department
Fueling Islands.
q. Production and Installation of Recycling Processing
Equipment:
Appropriate $1,500,000 State Department of
Conservation Grant to the Capital
Improvement budget within the Solid Waste
Fund.
2. Accept bid and award contract to Krause AGR 09-021
Manufacturing, a division of CP MFG
($1,473,541) for production and installation
of recycling processing equipment.
Accept bid and award base bid plus additive AGR 09-022
alternate No. 1 to MGE Underground, Inc.
($727,062) for the installation of Traffic Signal
Interconnect-Part 6.
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Bakersfield, California, February 11, 2009 -Page 5
CONSENT CALENDAR continued ACTION TAKEN
Miscellaneous:
s. Appropriate $8,982,836 Department of Housing &
Urban Development (HUD) Neighborhood
Stabilization Program Funds to the operating budget
within the Neighborhood Stabilization Program
Fund.
t. Transfer $260,000 from several budgeted Public
Works Department's Capital Improvement Projects
within the Capital Outlay Fund to fund on-call civil
engineering and geotechnical consultant services
needed to deliver Economic Stimulus Bill Projects in
a timely manner.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 8.b.
Councilmember Couch announced he would abstain
due to a conflict of interest, potential source of
income to his employer, on item 8.0.
Motion by Vice-Mayor Scrivner to approve Consent
Calendar items 8.a. through 8.t. with the removal of
ifem 8.n.
CONSENT CALENDAR HEARINGS
None.
10. HEARINGS
a. Public Hearing to consider General Plan
Amendment/Zone Change 08-1079; Eric Sertic,
representing CNC Properties LLC, the property
owners, has applied for a general plan amendment
and zone change on approximately 32.91 acres
generally located at the northeast corner of
Rosedale Highway (SR-58) and Jenkins Road.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation form UER (Urban Estate
Residential) and ER (Estate Residential) to
OC (Office Commercial), GC (General
Commercial), and SR (Suburban
Residential) on 32.91 acres.
APPROVED
AB CARSON,
HANSON
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Bakersfield, California, February 11, 2009 -Page 6
HEARINGS continued
Item 10.a. continued
2. First Reading of Ordinance approving the
Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning
Map No. 101-23 from A (Agriculture Zone)
to C-2/PCD (Regional Commercial/Planned
Commercial Development Zone), C-O/PCD
(Professional and Administrative
Office/Planned Commercial Development
Zone), and E (Estate Zone) on 32.91 acres.
City Clerk McCarthy announced correspondence
was received from Mark Capehart in opposition to
the general plan amendment and zone change.
Councilmember Couch requested atwo-week
continuance of the hearing.
Hearing opened at 5:43 p.m.
Eric Sertic spoke in favor of a continuance.
Motion by Councilmember Couch to continue
the hearing to February 25, 2009.
b. Public Hearing to consider General Plan
Amendment/Zone Change 06-1722; McIntosh &
Associates, representing Nickel Family LLC, the
property owner, has applied for a general plan
amendment, specific parks and trails plan
amendment, and zone change on approximately
1,863 acres, generally located to the east of Alfred
Harrell Highway, extending to the City's eastern
boundary encompassing both side of State Route
178 (SR-178). (The Kern River forms the northern
boundary of the proposed project.)
1. Resolution making findings and certifying the
Final Environmental Impact Report (EIR) for
General Plan Amendment/Zone Change
06-1722.
2. Resolution adopting the general plan
amendment changing the land use
designation, the Circulation Element, and
Kern River Plan Element designations as
depicted in Exhibit B attached to the
resolution.
ACTION TAKEN
APPROVED
AB CARSON,
HANSON
RES 014-09
RES 015-09
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Bakersfield, California, February 11, 2009 -Page 7
10. HEARINGS continued
Item 10.b. continued
3. Resolution adopting the specific parks and
trails plan amendment to change the Plan
Map as depicted in Exhibit B attached to the
resolution.
4. First Reading of ordinance amending Title 17
of the Municipal Code and Zoning Maps
No. 104-01, 104-10, 104-11, 104-12 & 105-6
(Exhibit F) to change the zoning more
thoroughly described in Exhibit G attached to
the ordinance.
City Clerk McCarthy announced that General Plan
Amendment and Zone Change 06-1722 is in Ward
3 instead of Ward 4, as reflected on the Agenda;
correspondence in opposition to the general plan
amendment and zone change was received from
Sierra Club, as well as a response to Sierra Club's
comments by WZI, Inc.
Development Services Director Grady made staff
comments.
Hearing opened at 5:51 p.m.
Deborah Dishington spoke in opposition to the staff
recommendation.
Roger McIntosh, who submitted written material
from Caltrans, and Jamie Nickel spoke in support of
the staff recommendation.
Deborah Dishington spoke in rebuttal opposition to
the staff recommendation.
Hearing Closed at 6:06 p.m.
At the request of Councilmember Weir, Mary Jane
Wilson from WZI spoke in response to Sierra Club's
correspondence.
Motion by Councilmember Weir fo adopt the
resolutions certifying the Environmental Impact
Report and approving the proposed general plan
amendment, specific parks and trails plan
amendment and give first reading of fhe
ordinance.
ACTION TAKEN
RES 016-09
FR
APPROVED
AB CARSON,
HANSON
Councilmember Couch left the meeting.
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10.
Bakersfield, California, February 11, 2009 -Page 8
HEARINGS continued ACTION TAKEN
c. Public Hearing to consider General Plan
Amendment/Zone Change 08-1238; the City of
Bakersfield has applied for a general plan
amendment and a zone change on 2.5 acres,
generally located east of Kern Island Canal between
19th Street and 21st Street in Downtown
Bakersfield. (Edwin Wilson appealed the decision of
the Planning Commission.)
Resolution approving the Negative
Declaration, denying the appeal, and
approving the general plan amendment
changing the land use designation from
OS-P (Parks and Recreation Facilities) to
MUC (Mixed Use Commercial) on 2.5 acres.
RES 017-09
2. First Reading of Ordinance approving the FR
Negative Declaration, denying the appeal,
amending Title 17 of the Municipal Code and
amending Zoning Map No. 103-30 from OS
(Open Space) to C-C (Commercial Center)
on 2.5 acres.
Development Services Director Grady made staff
comments.
Mayor Hall recessed the meeting at 6:18 p.m. and
reconvened the meeting at 6:26 p.m.
Hearing opened at 6:26 p.m.
Edwin Wilson and Ken Mettler spoke in opposition
to the staff recommendation, and both submitted
written material.
No one spoke in support of the staff
recommendation.
Hearing closed at 6:42 p.m.
At the request of Councilmember Benham, City
Manager Tandy responded to the public comments.
Motion by Councilmember Benham to adopt the APPROVED
resolution approving Negative Declaration, AB CARSON,
denying the appeal and approving the proposed COUCH, HANSON
general plan amendment and give first reading
to the ordinance.
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Bakersfield, California, February 11, 2009 -Page 9
11. REPORTS
None.
,; 12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham asked staff to respond to a
letter concerning patrols in neighborhood parks.
Councilmember Benham asked staff to respond to a
letter regarding service to the city and staffing
restraints.
Councilmember Sullivan thanked Josh Cohen for his earlier
comments and encouraged City Council to support his
project.
Councilmember Sullivan mentioned she would like to see
increased enforcement regarding street corner flower
vendors, and that this type of enterprise should not be
supported because of its impact on licensed florists.
Councilmember Sullivan expressed her concern regarding
the litter and graffiti problem in Silver Creek.
Councilmember Sullivan advised she received a letter
indicating Bakersfield has more of a littering problem than
many other cities; stated she appreciates the Mayor's
cleanup effort; and encouraged citizens to volunteer to
participate in cleanup.
Mayor Hall stated he, too, is also overwhelmed with the
litter problem, but has been deterred from his monthly the
freeway cleanup effort due to new restrictions imposed by
CalTrans in November.
ACTION TAKEN
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15. ADJOURNMENT ACTION TAKEN
CITY CLERK and Ex Officio Clerk
the Council of the City of Bakersfield(
Mayor Hall ad%ourned the meeting at 7:06 p.m.