HomeMy WebLinkAbout02/25/09 CC MINUTES851
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 25, 2009
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1.
2.
3
4.
ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Hanson (seated at 5:18 p.m.), Sullivan
Absent: Councilmember Couch
INVOCATION by Howard Silver, member of B'nai Jacob
Temple.
PLEDGE OF ALLEGIANCE by Tiberius Hernandez, 1 st grade
student at St. Francis School, and Tiger Cub Pack 125, of
St. Francis Parish.
Mayor Hall recognized the government class students from
California State University, Bakersfield, and Bakersfield
College in attendance to learn about City government.
PUBLIC STATEMENTS
a. Ms. Petey McCarthy and Mr. David Launer spoke
regarding Consent Calendar Item 8.s. with respect
to decorative lights and bollards.
b. Dr. Asarulislam Syed spoke regarding the timing of
traffic signal lights within the City, and specifically at
Oak Street and California Avenue, as well as two
other locations.
Councilmember Benham asked staff to
investigate Dr. Syed's concerns, as well as
correspondence she received regarding a
similar situation, and report back to the City
Council.
5. WORKSHOPS
ACTION TAKEN
None.
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Bakersfield, California, February 25, 2009 - Page 2
6. PRESENTATIONS ACTION TAKEN
a. Presentation by Mayor Hall of a Proclamation to
Women's Club President-Elect Karen Dixon
declaring March 2009 as Art Month.
Karen Dixon received the Proclamation, introduced
Arts Chairman Pat Sprayberry, and made
comments.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 11, 2009
Regular City Council Meeting.
Payments:
b. Approval of department payments from January 30, ABS WEIR
2009 to February 12, 2009 in the amount of
$15,305,327.48 and self-insurance payments from
January 30, 2009 to February 12, 2009 in the
amount of $431,501.98.
Ordinances:
C. First Reading of Ordinance amending Municipal FR
Code Section 1.12.010, 1.12.060 and 1. 12.070 by
adding Annexation No. 580 consisting of 1.20 acres,
located on the south side of Highway 58, east of
South Real Road to Ward 1; and Annexation No.
585 consisting of 3.32 acres, located on the south
side of Wilson Road, between South Chester
Avenue and South P Street to Ward 1; Annexation
No. 575 consisting of 21.20 acres, located at the
southeast corner of Taft Highway and Gosford Road
to Ward 6; and, Annexation No. 592 consisting of
0.37 acres located at 5701 Akers Road, east of
Harris Road to Ward 7.
d. Adoption of an Ordinance amending Municipal Code ORD 4565
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. (FR 2111109)
Bakersfield, California, February 25, 2009 - Page 3
8. CONSENT CALENDAR continued ACTION TAKEN
e. Public Employees' Retirement System
1. Adoption of Ordinance authorizing an
amendment to the Contract of Administration
of the Public Employees' Retirement System
to provide Section 21548 Pre-Retirement
Optional Settlement 2 Death Benefit to Local
Miscellaneous Members in Group 70001 and
70002.
2. Amendment No. 6 to Agreement No. 97-39
with the Public Employees' Retirement
System to provide Section 21548 Pre-
Retirement Optional Settlement 2 Death
Benefit for Local Miscellaneous Members in
Group 70001 and 70002.
Resolutions:
f. Resolution confirming approval by the Assistant City
Manager of the Chief Code Enforcement Officer's
report regarding assessments of certain properties
in the city for which structures have been secured
against entry or for the abatement of certain weeds,
debris and waste matter and the demolishment of
dangerous buildings and authorize collection of
the assessments by the Kern County Tax Collector.
g. Resolutions ordering Judicial Foreclosure of
Delinquent Assessments (669 parcels totaling
$289,200) for the following districts:
1. LibertyllNillage Green /Tesoro-
Encanto/Lin/Rider/Diamond Ridge
(A. D. 05-3)
2. Sydney Harbour (A.D. 07-02)
h. Resolution forming a Traffic Signal Maintenance
District to be designated as TS-19 (34th St., San
Dimas NE) confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
ORD 4566
AGR 97-039(6)
RES 018-09
REMOVED BY
STAFF
RES 019-09
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Bakersfield, California, February 25, 2009 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
Resolution vacating Resolution No. 035-08, which
certified final Environmental Impact Report,
Resolution No. 036-08, which approved General
Plan Amendment No. 05-1580, and Zone Change
Ordinance No. 4502, which approved concurrent
Zone Change No. 05-1580 on approximately 220
acres located south of Panama Lane and east of
Nord Avenue for the Ten Section Project.
Resolution of Intention No. 1631 to form a Traffic
Signal Maintenance District, designated as TS-20
(So. H, Panama SE) and preliminarily adopting,
confirming and approving the Public Works
Director's Report.
Agreements:
Agreement with Grant Deed Unlimited, LLC
($16,500) to purchase real property located north of
Stockdale Highway at the extension of Jenkins
Road for the Westside Parkway.
Amendment No. 1 to Agreement No. 07-104 with
Lennar Homes of California, Inc.; for traffic impact
fee credit for improvements on Snow Road.
M. Amendment No. 2 to Independent Contractor's
Agreement No. PW 08-016 with Power
Management Incorporated ($39,900; revised total
not to exceed $79,900) for repair and maintenance
of Deutz engine at Wastewater Treatment Plant
No. 2.
n. Amendment No. 2 to Agreement No. 08-045 with
Loop Electric ($40,000; revised total not to exceed
$120,000) extending the term for one (1) year to the
annual contract for vehicle loop cutting.
o. Contract Change Order No. 2 to Agreement No. 06-
184 with Bakersfield Well & Pump Company
($29,940; revised total not to exceed $842,885) for
providing PG&E underground distribution and
service to Domestic Water Well No. CBK-45 located
at 1500 Jenkins Road, north of Brimhall Road.
RES 020-09
ROI 1631
AGR 09-024
DEED 7048
AGR 07-104(1)
AGR 09-025
AGR 08-045(2)
AGR 06-184
0002
Bakersfield, California, February 25, 2009 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
p. Contract Change Order No. 2 to Agreement No. AGR 08-126
08-126 with Floyd Johnston Construction Company 0002
($43,000; revised total not to exceed $651,264) for
removal and replacement of 8,000 sq. ft. of
pavement within the number 3 lane of northbound
Coffee Road from the Friant Kern Canal crossing of
Coffee Road to Downing Road.
Bids:
q. Accept bid and award contract to Restroom AGR 09-026
Facilities, LTD., ($304,986) for the construction
of the Mill Creek prefabricated restroom facility.
r. Accept bid from GeoNav Satellite Systems
($61,121.78) for a GPS Survey System for the
Public Works Department, Engineering
Construction/Survey Division.
S. Accept bid from Wesco Distribution ($322,675.57) REMOVED FOR
SEPARATE
for decorative lights and bollards for Mill Creek CONSIDERATION
Linear Park.
t. Reject bid for annual contract for irrigation parts and
supplies.
Miscellaneous:
Appropriate $8,500 Building Plan Check Revenue to
the Building Department Operating Budget within
the Development Services Fund for third party
review of Time Based Egress Analysis and Fire
Modeling Basis of Design Report for the Padre
Hotel.
V. Appropriate $10,000 developer contribution to the
Planning Department Operating Budget within the
Development Services Fund for providing
professional consulting services related to
environmental analysis and recirculation of
agricultural resources section for GPA/ZC
03-0337 (Canyons).
City Clerk McCarthy announced that Item 8.g. was removed
by staff.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 8.b.
At the request of Councilmember Benham, item 8.s.
was removed for separate consideration.
Bakersfield, California, February 25, 2009 - Page 6
8.
CONSENT CALENDAR continued ACTION TAKEN
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through v., with the removal of item AB COUCH
S.g. and the removal for separate consideration of item
8.s.
S. Accept bid from Wesco Distribution ($322,675.57)
for decorative lights and bollards for Mill Creek
Linear Park.
At the request of Councilmember Benham, Public
Works Director Rojas made staff comments
regarding the decorative lights.
Motion by Councilmember Benham to adopt APPROVED
Consent Calendar item 8.s. AB COUCH
9. CONSENT CALENDAR HEARINGS
City Clerk McCarthy announced correspondence was
received from Jonathan B. Barnes, on behalf of Jared and
June Salvo regarding Item 9.b.
a. Public Hearing to consider the proposed
expenditure plan for the second quarterly installment
from the Supplemental Law Enforcement Services
Funding (SLESF) grant.
1. Appropriate $131,025 State Grant revenues RES 021-09
to the Police Operating Budget within the
SLESF fund.
b. Public Hearing on Resolution of Necessity to REMOVED FOR
determine whether the public interest and necessity SEPARATE
require acquisition by eminent domain of a CONSIDERATION
temporary construction easement upon/across/over
property located in the city specifically APN
500-571-08 (Jared and June Salvo) for the
Westside Parkway project. (Code Civ. Proc.
§1240.010)
C. Public Hearing on Resolution of Necessity to RES 022-09
determine whether the public interest and necessity
require acquisition by eminent domain of a
temporary construction easement upon/across/over
property located in the city specifically APNs
500-020-40, 41, 46, 47 (BLC Glenwood-Gardens
AL, L.P./Brookdale Senior Living, Inc.) for the
Westside Parkway project. (Code Civ. Proc.
§1240.010)
Bakersfield, California, February 25, 2009 - Page 7
9. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
L d. Public Hearing to consider Resolution regarding RES 023-09
establishment of agricultural preserves and
procedures for initiating, filing and processing
requests to establish, disestablish, enlarge and
diminish agricultural preserves within the city.
e. Public Hearing to consider Resolution approving the RES 024-09
Negative Declaration and adopting the updated
General Plan Amendment No. 07-1519 (Housing
Element 2008-2013) with incorporation of comments
from the State Department of Housing and
Community Development.
Consent Calendar Hearings opened at 5:38 p.m.
Dr. Salvo requested separate consideration for Consent
Calendar Item 9.b.
Consent Calendar Hearings closed at 5:39 p.m.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar Hearing items 9.a. through 9.e., with the AB COUCH
removal of item 9.b. for separate consideration.
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.
(continued from 2111109 meeting)
1. Resolution approving the Negative
Declaration and adopting the general plan RES 025-09
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.
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Bakersfield, California, February 25, 2009 - Page 8
10. HEARINGS continued ACTION TAKEN
Item 10.a. continued
2. First Reading of Ordinance approving the FR
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 staff regarding a condition to be
included if this item is approved.
Development Services Director Grady made staff
comments.
Hearing opened at 5:45 p.m.
No one spoke in opposition to the staff
recommendation.
Mr. Eric Sertic spoke in support of the staff
recommendation.
Hearing closed at 5:49 p.m.
Motion by Vice-Mayor Scrivner to adopt the APPROVED
resolution approving the Negative Declaration ABS COUCH
and approving the proposed general plan
amendment and give first reading of the
ordinance with the addition of the condition
outlined in a memo dated February 25, 2009,
from Development Services Director Grady.
Councilmember Couch was seated at 5:53 p.m.
9. CONSENT CALENDAR HEARINGS continued
Item 9.b. continued
b. Public Hearing on Resolution of Necessity to RES 026-09
determine whether the public interest and necessity
require acquisition by eminent domain of a
temporary construction easement upon/across/over
property located in the city specifically APN
500-571-08 (Jared and June Salvo) for the
Westside Parkway project. (Code Civ. Proc.
§1240.010)
Consent Calendar Hearing opened at 5:56 p.m.
859
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Bakersfield, California, February 25, 2009 - Page 9
9. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
Item 9.b. continued
Dr. Jared Salvo spoke in opposition to the staff
recommendation.
No one spoke in support of the staff
recommendation.
Consent Calendar Hearing Closed at 6:00 p.m.
Councilmember Couch requested staff provide
the name of the negotiator to Council.
City Manager Tandy announced he will have staff
work with Dr. Salvo to address his concerns.
Motion by Councilmember Couch to adopt the APPROVED
Resolution.
Councilmember Carson stated she wanted to make
sure that Dr. Salvo's concerns are addressed and
that Council is not adopting this Resolution without
the opportunity for change.
11. REPORTS
a. Status of Thomas Road Improvement Program
(TRIP).
Public Works Director Rojas gave an overview of
the program and showed a powerpoint presentation.
12. DEFERRED BUSINESS
NONE.
13. NEW BUSINESS
NONE.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham referred correspondence to
staff regarding traffic signal timing and red light
cameras.
Councilmember Benham asked staff to look into
concerns regarding transient population in the area of
the 24rn Street bridge along the bike path.
Councilmember Benham asked staff to provide a
written update on the status of the Baker Street
development.
Bakersfield, California, February 25, 2009 - Page 10
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Benham asked staff to assist a citizen
in completing a Senior Rebate application.
Councilmember Benham asked Mayor Hall to close this
meeting in memory of Stan Simrin.
Councilmember Carson announced she is glad to be back,
thanked Mayor Hall for the flowers, thanked Council, staff
and the community for the well-wishes, and congratulated
Viced-Mayor Scrivner on the birth of his baby.
Councilmember Sullivan welcomed back Councilmember
Carson.
Councilmember Sullivan suggested that consideration be
given to the consistency on the times when the Council
meetings start and to publicize that information.
Councilmember Sullivan referred the issue of
unlicensed flower vendors to the Legislative and
Litigation Committee, and provided an article she
received from Mayor Hall regarding this problem in
Santa Maria.
Mayor Hall announced he, and several members from staff
and the Keep Bakersfield Beautiful Committee will be
getting training next week from Caltrans to allow the City to
reactivate the freeway cleanup program and expand the
other cleanups.
Mayor Hall commended City Manager Tandy for his
efforts with the budget issues and suggested having a
workshop with the Police and Fire chiefs to present
how the budget reductions are impacting the
departments and to educate the public regarding the
loss of income and city services.
15. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9. (One case)
Robert Pratt v. City KCSC Case Nos.
S-1500-CV 253264-AEW,
S-1500-CV259414-AEW, and
S-15-CV-261666-AEW
b. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
Bakersfield, California, February 25, 2009 - Page 11
15. CLOSED SESSION continued ACTION TAKEN
Mayor Hall adjourned to Closed Session, in memory of
Stan Simrin, at 6.57 p.m.
Vice-Mayor Scrivner adjourned from Closed Session
and reconvened the meeting at 8:35 p.m.
16. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9. (One case)
1. Robert Pratt v. City KCSC Case Nos. NO REPORTABLE
S-1500-CV 253264-AEW, ACTION
S-1500-CV259414-AEW, and
S-15-CV-261666-AEW
b. Conference with Labor Negotiator pursuant to NO REPORTABLE
Government Code Section 54957.6. ACTION
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17
ADJOURNMENT
Vice-Mayor Scrivner adjourned the
ATTEST:
a"- J - A~6m IV)
CITY CLERK and Ex Officio rk of
the Council of the City of Baker Id
8-25 n_ m_
i r:
6,01
Bakersfield, California, February 25, 2009-Page 12
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