HomeMy WebLinkAbout09/09/09 CC MINUTES
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BAKERSFIELD CITY COUNCIL
e MINUTES
<w<wt,~ MEETING OF SEPTEMBER 9, 2009
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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.
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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Motion by Councilmember Sullivan to refer the WITHDRAWN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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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CITY CLERK and Ex Offi i Clerk of
the Council of the City f Bakersfield
Bakersfield, Californiz September 9, 2003--PG e 14
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