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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 ~_ _ _ ., {S ~~.. 4. 7. 8. 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 ~~ ~~ 8~3 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 r r ~ 4 =: 8. 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. ~'` ~~::~ 8. Ls 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 • .a ~~ 10. 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 ., .~ . 84? 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. C~1 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. t~ ' 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 ~ `~ ~ Bakersfield, California, February 11, 2009 -Page 10 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.