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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. 3J-' 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 r~ C:` cJ -r 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. d~ J J 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 L 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 L 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 ****THIS PAGE INTENTIONALLY LEFT BLANK****