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HomeMy WebLinkAbout09/09/09 CC MINUTES coBreoer~~s~ BAKERSFIELD CITY COUNCIL e MINUTES <w<wt,~ MEETING OF SEPTEMBER 9, 2009 r9LIFO Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Scrivner, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan Absent: None 2. INVOCATION by Father Joseph Chaffee, St. George's Greek Orthodox Church. 3. PLEDGE OF ALLEGIANCE by Matthew Sabin, 4th Grade Student at Bakersfield Carden School. Mayor Hall recognized the Bakersfield College Government Class in attendance at the meeting to learn about City Government. 4. PUBLIC STATEMENTS a. Bill Taylor, with Granite Construction Company, spoke and presented a check for $2,000.00 to be used on the bike trail next to Allen Road for the betterment of our community and for helping to build up the quality of life of our citizens and employees. b. Tim Palmquist spoke regarding the "40 Days for Life Campaign", which will be taking place at 25th and H streets between September 23rd and November 1 st. ~ z Bakersfield, California, September 9, 2009 - Page 2 4. PUBLIC STATEMENTS continued ACTION TAKEN C. Terri Palmquist spoke regarding parking restrictions at 25th and H streets, and asked Council to reconsider the 30-minute restriction. Motion by Councilmember Sullivan to refer the WITHDRAWN parking issue to the Legislative and Litigation Committee. Councilmember Benham asked that the issue be referred to the Planning and Development Committee. Councilmember Couch suggested deferring the referral for two weeks so staff can determine which would be the appropriate committee. Councilmember Couch suggested another option, if feasible, could be to form an ad hoc committee to review this matter. Councilmember Sullivan withdrew her motion and agreed to bring this matter back to the Council in two weeks. d. Joe Macllvaine, President of the Bakersfield Symphony Orchestra, spoke regarding the service the Symphony provides to the community, thanked the City Council for its support, and provided written material about the upcoming 2009-2010 Orchestra Season. Mayor Hall recognized Father Chaffee, who invited the Council and everyone in attendance to the Greek Food Festival on September 11 th and 12th, and introduced Ted and Cathy Exarchouilakos, parish members in charge of the Greek dance group, who presented a token of thanksgiving to Mayor and Council for their past support, 5. WORKSHOPS None. Mf Li J Bakersfield, California, September 9, 2009 - Page 3 6. PRESENTATIONS ACTION TAKEN a. Presentation by Mayor Hall of a retirement plaque and gift certificate to Edward M. Watts. Fire Captain Watts received the plaque and gift certificate, and made comments. b. Presentation by Mayor Hall of Proclamation to Vincent Rojas, 2009 John Brock Community Service Award winner, declaring the past date of September 3, 2009, as Vincent Rojas Day in the City. Mr. Rojas received the Proclamation and made comments. C. Presentation by Mayor Hall of Proclamation to Robin Starr, President, Child Guidance Guild, declaring September 9, 2009, as Guild House and The Child Guidance Guild Day in the City. Robin Starr and Colleen Sullivan accepted the i, Proclamation and made comments. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the August 19, 2009 Regular City Council Meeting. Payments: b. Approval of department payments from ABS WEIR August 7, 2009 to August 27, 2009 in the amount of $24,107,218.38 and self-insurance payments from August 7, 2009 to August 27, 2009 in the amount of $194,014.90. Bakersfield, California, September 9, 2009 - Page 4 8. CONSENT CALENDAR continued ACTION TAKEN Ordinances: FR C. First Reading of Ordinance approving a Negative Declaration and amending Title 17 of the Municipal Code by changing the zoning from A (Agriculture) to M-1 (Light Manufacturing) and M-2 (General Manufacturing) on 83 acres generally located at the southeast corner of Hageman Road and Allen Road, east of the A.T.&S.F. railroad tracks. (ZC 09-0303) (Applicant: Marino & Associates/ Property Owner: Hageman Road Property, Inc.) Resolutions: d. Resolutions ordering Judicial Foreclosure of RES 098-09 Delinquent Assessments (135 parcels totaling $146,807.62) for Assessment District No. 07-2 (Sydney Harbour). e. Amendment No. 1 to Resolution No. 187-08 RES 187-08(1) cancelling the October 21, 2009 Regular City Council Meeting. f. Resolution adding territory, Area 2-40 (6000 & RES 099-09 6020 District Boulevard) to the Consolidated Maintenance District, confirming the assessments, approving the Public Works Directors Report and authorizing collection of assessments by the Kern County Tax Collector. g. Consolidated Maintenance Districts: 1. Resolution of Intention No. 1642 to R011642 add territory, Area 2-41 (McDonald Way, Ming Avenue, NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. 2. Resolution of Intention No. 1643 to add R011643 territory, Area 4-93 (2730 Mall View Road) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. s lot Bakersfield, California, September 9, 2009 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN Agreements: h. Agreement with Bethany Services/ Bakersfield AGR 09-116 Homeless Center ($62,000 Emergency Shelter ABS COUCH Grant funds) to support the operating costs necessary to continue services at the facility located at 1600 E. Truxtun Avenue. I. Agreement with Alliance Against Family AGR 09-117 Violence and Sexual Assault ($15,788 ABS COUCH Emergency Shelter Grant funds) to support the operating costs to continue services. J. Memorandum of Understanding with the AGR 09-118 County of Kern (Depts. of Human Services, Probation Services, Mental Health, Sheriff, Office of the District Attorney, Kern Medical Center) regarding the Child Assessment Center Protocol, k. Agreement with Union Pacific Railroad Co. and AGR 09-119 San Joaquin Railroad ($465,766.15) for at-grade j highway/rail crossing improvements on Buena Vista Road at Union Pacific Railroad Buttonwillow Branch. E E 1. Amendment No. 2 to Agreement No. AGR 09-120 PW09-049(1) with Kone, Inc. ($30,000; revised total not to exceed $53,250.28) for elevator maintenance. M. Wastewater Treatment Plant No. 3 - 2007 Expansion Project: 1. Amendment No. 6 to Agreement No. AGR 04-214(6) 04-214 with Parson Water and Infrastructure ($2,706,947; revised not to exceed $17,650,427) for design services during construction phase of the project. 2. Transfer $1,206,947 contingency established for the Wastewater Treatment Plant No. 3 Expansion Project to the Public Works Department Capital Improvement Budget. Bakersfield, California, September 9, 2009 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN n. Contract Change Order Nos. 49, 51 and 61 to AGR 07-304 Agreement No. 07-304 with Security Paving CCO 49, CCO 51, Construction ($79,278.25; revised not to exceed CCO 61 $30,341,181.51) for the State Route 178 and Fairfax Road Interchange Project. (TRIP) Bids: o. Sports Village Phase I; 1. Accept bid and award contract to AGR 09-121 Klassen Corp. ($6,708,167) for Base Bid and Additive Alternates 1, 2 & 3 for project. 2. Appropriate $2,000,000 Park Development fund balance to the Recreation and Parks Department Capital Improvement Fund (Zone 1). 3. Contract Change Order No. 1 to AGR 09-121 Agreement with Klassen Corp. ($142,000 CCO 1 credit; revised not to exceed $6,566,167) for substitution of installing hydroseed in lieu of sod in all turf areas. P. Accept bid and award annual contract to AGR 09-122 Granite Construction Co. (not to exceed $500,000) for HUD street materials. Miscellaneous: q. Appropriate $60,000 Other Agency Share of Project to the Public Works Department Capital Improvement Budget within the Gas Tax Fund for digital orthophotos. r. Federal ARRA Grant (COPS Hiring Recovery Program) in the amount of $5,062,124, to hire and retain 17 Police Officers over three years. 1. Appropriate $850,000 Federal ARRA Grant Revenues to the Police Operating Budget within the ARRA Grant Fund. S. Appropriate $202,108 Federal Grant Revenues (Edward Byrne Memorial Justice Assistance Grant/DOJ) to the General Fund Police Operating Budget for equipment and training. I Bakersfield, California, September 9, 2009 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN t. Grant of Easement to County of Kern for DEED 7147 drainage purposes at Casa Loma Park. U. Easement Deed with Pacific Gas & Electric, Co. DEED 7148 for constructing, operating and maintaining electric energy distribution facilities on the north portion of the 2800 Acre Recharge Facility and east of Heath Road alignment. V. Accept $2,000 contribution from Granite Construction Company, Inc. for future bike path improvements at Allen Road Bridge. City Clerk McCarthy announced correspondence was received from Lewis C. Nelson & Sons in protest of the awarding of Bid Item 8.o. 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 any appearance of a conflict of interest on items 8.h. and 8.i. Motion by Vice-Mayor Scrivner to adopt Consent APPROVED Calendar items 8.a. through 8.v. 9. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (Two matters) b. Conference with Legal Counsel - Existing Litigation, Closed Session pursuant to Government Code Section 54956.9(b)(1)(C) for Bakersfield Police Officers' Association v. City. Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED Session at 5:57 p.m. Motion by Councilmember Couch to adjourn from APPROVED Closed Session at 6:45 p.m. 1 I i I I 4- _ Bakersfield, California, September 9, 2009 - Page 8 RECONVENED MEETING - 6:53 p.m. ACTION TAKEN 10. CLOSED SESSION ACTION CASE NO. 1- POSTPONED DUE a. Conference with Legal Counsel - Potential TO TIME Litigation; Closed Session pursuant to CONSTRAINTS subdivision (b)(1)(3)(A) of Government Code CASE NO.2 - NO Section 54956.9. (Two matters) REPORTABLE ACTION b. Conference with Legal Counsel - Existing NO REPORTABLE Litigation; Closed Session pursuant to ACTION Government Code Section 54956.9(b)(1)(C) for Bakersfield Police Officers' Association v. City. 11. CONSENT CALENDAR HEARINGS a. General Plan Amendment/Zone Change No. 09-0023; Luis Hinojosa, Designed Images, representing Rosedale Verdugo LLC (property owner) has applied for a general plan amendment and zone change on approximately 25.03 acres generally located at the northeast corner of Rosedale Highway (SR-58) and Verdugo Lane. (Hearing continued from the 08119109 meeting.) 1. Resolution approving the Negative RES 100-09 Declaration and adopting the general plan amendment changing the land use designation from LMR/LR (Low Medium Density Residential/Low Density Residential) to OC (Office Commercial) on 15.16 acres. 2. First Reading of Ordinance approving FR the Negative Declaration and amending Title 17 of the Municipal Code and zoning map from E (Estate), R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling) and C-2 (Regional Commercial) to C-O/PCD (Professional and Administrative Office/Planned Commercial Development) and C-2/PCD (Regional Commercial/ Planned Commercial Development) on 25.03 acres. i 791 Bakersfield, California, September 9, 2009 - Page 9 11. CONSENT CALENDAR HEARINGS continued ACTION TAKEN L b. General Plan Amendment/Zone Change No. 09-0258, Smith Tech USA, Inc., representing Fairway Oaks South L.P. (property owner) has applied for a general plan amendment and zone change on 22.46 acres located at the northwest corner of Gosford Road and Berkshire Road (future alignment). (Hearing continued from the 08119109 meeting.) 1, Resolution approving the Negative RES 101-09 Declaration and adopting the general plan amendment changing the land use designation from OC (Office Commercial) to HMR (High Medium Density Residential) on 22.46 acres. 2. First Reading of Ordinance approving FR the Negative Declaration and amending Title 17 of the Municipal Code by changing the zoning from C-O/PCD (Professional and Administrative Office/Planned Commercial Development) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 22.46 acres. Consent Calendar Hearings opened at 6:54 p.m. Consent Calendar Hearings closed at 6:54 p.m. Motion by Vice-Mayor Scrivner to adopt APPROVED Consent Calendar Hearing items l I.a. and l l.b. 12. HEARINGS a. General Plan Amendment/Zone Change No. 03-0337 - The Canyons Project, Robert Kapral, representing Canyons, LLC (property owner) has applied for a general plan amendment and zone change on 889 acres generally located south of Hart Memorial Park and bounded by Alfred Harrell Highway on the west, north and east sides. (Robert Kapral has filed an appeal.) (Hearing continued from 08119109 meeting.) 192. Bakersfield, California, September 9, 2009 - Page 10 12. HEARINGS continued ACTION TAKEN Item 12.a. continued 1. Resolution making findings and certifying RES 102-09 the Final Environmental Impact Report for the Canyons Project. 2. Resolution adopting the general plan RES 103-09 amendment changing the land use designations and the Circulation Element. 3. Resolution adopting the Specific parks RES 104-09 and Trails Plan for Northeast Bakersfield amendment to change the Plan Map. 4. First Reading of Ordinance amending FR Title 17 (Zone Map Nos. 103-01 and 104-06) of the Municipal Code to change the zoning. 5. Resolution approving tentative RES 105-09 cancellation of a Williamson Act Contract on 201.20 acres within Kern County Agricultural Preserve No. 14 and the exclusion of 243.20 acres from the boundaries of Kern County Agricultural Preserve No. 14 located within the Canyon's development boundaries. Development Services Director Grady gave an overview and made a slide presentation. Hearing opened at 7:11 p.m. Arthur Unger, representing the Kern Kaweah Chapter of the Sierra Club, and Craig Smith, representing the Bakersfield Bluffs & Trails Committee, spoke in opposition to the staff recommendation; and Mr. Smith also made a slide presentation. Russ Thompson, representing Canyons LLC, and Mary Jane Wilson, President of WZI, spoke in support of the staff recommendation; and Ms. Wilson also submitted written documentation. There were no rebuttal comments. Bakersfield, California, September 9, 2009 - Page 11 12. HEARINGS continued ACTION TAKEN Item 12,a. continued Motion by Councilmember Weir to adopt the APPROVED resolutions certifying the Final Environmental NOES BENHAM Impact Report and upholding the appeal in part, approving the proposed general plan amendment, specific parks and trails plan amendment, tentative cancellation of the Williamson Act Contract, exclusion from Agricultural Preserve No. 14 and give first reading to ordinance, and to incorporate corrections and additions outlined in the memo placed on file earlier today. 13. REPORTS None. 14. DEFERRED BUSINESS None. 15. NEW BUSINESS None. 16. COUNCIL AND MAYOR STATEMENTS Councilmember Benham submitted correspondence regarding. (1) illegal dumping, pavement problems and littering, and asked staff to determine if the sites are in the City limits and, if so, please follow up; and (2) Bowen Street, a cul-de-sac in the Westpark area, regarding pavement deterioration, and asked staff to contact Mr. Dunham and follow up on his concerns. Councilmember Benham deferred a referral to the City Attorney regarding personnel issues to Councilmember Carson. Councilmember Couch asked staff to look at the feasibility of utilizing Facebook, Twitter and some of the other social networking sites or programs at the City for meetings, agendas, announcements, and public safety-type issues. J i Bakersfield, California, September 9, 2009 - Page 12 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Couch asked staff to review the alarm fee process for possible increase on false alarm fees, eliminating the annual fee, and possibly having the alarm companies collect the fees. Councilmember Couch suggested that the new traffic light at Rosedale and Mohawk be placed on blinking yellow for a few weeks to alert people that a light is in place; Public Works Director Rojas responded that under the jurisdiction of Caltrons, the light went operational on Tuesday of this week. Councilmember Couch referred to the Planning and Development Committee the possibility of a requirement for block walls in residential areas instead of grape stake fencing. Councilmember Weir thanked Officers Stratton and Croeker for the ride-along with the Bakersfield Police Department Gang Enforcement Unit, and Sergeant Thatcher, Captain Martin and Chief Rector for making the arrangements. Councilmember Weir asked staff to explore and bring back a report regarding the feasibility of a low-cost way to add back the planned acreage to Mesa Morin's site, which has been lost due to shifts in development activity. Councilmember Carson referred to the Personnel Committee, in light of the recent verdict in the Pratt case, by way of a memo from the City Attorney, to speak to whether the City has policies to address retaliation and discrimination, whether these policies were followed, and if not, why; and does the City need additional policies in place to prevent a repeat of the some case; and would like any recommendation from the City Attorney that would help the City prevent this type of action in the future. Councilmember Sullivan asked for increased patrol directed toward speeding on White Lane. Councilmember Sullivan asked staff to look into the feasibility of having a combined effort with the County to share the costs and equipment for a joint clean-up effort several times a year. I I Bakersfield, California, September 9, 2009 - Page 13 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Sullivan announced that there was a ceremony at the Liberty Bell today in recognition of the State's 159th Birthday. Mayor Hall announced future events involving the Keep Bakersfield Beautiful Committee, including the Great American Clean-Up in April, and invited Councilmember Sullivan to attend the upcoming Committee meeting on Friday to express her concerns and add reinforcement to what the Committee is trying to accomplish; Councilmember Sullivan responded she will be there. Mayor Hail announced that Saturday, September 19th, will be the beginning of the Mayor's annual freeway cleanup effort and indicated anyone interested can participate by meeting at the Park & Ride on Stockdale Highway. Mayor Hall recognized Log Cabin Florist for their Good Neighbor Day flower distribution efforts by giving away 20,000 bouquets of roses. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 8:16 p.m. MA R of the ity of Bakersfield, CA ATTEST: ~ t % j CITY CLERK and Ex Offi i Clerk of the Council of the City f Bakersfield Bakersfield, Californiz September 9, 2003--PG e 14 ****THIS PAGE INfEKflONALLY LEFT BLANK***2 d i S