HomeMy WebLinkAbout05/05/10 CC MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF May 5, 2010
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 Carson, Benham, Weir,
Couch, Hanson, Sullivan
Absent: None.
2. INVOCATION by Rajan Zed, President, Universal
Society of Hinduism.
3. PLEDGE OF ALLEGIANCE by Casey Garcia, 31d grade
student at Our Lady of Perpetual Help.
IL Mayor Hall recognized Boy Scout Troop 484, as well as the
Ridgeview High School government class in attendance at
the meeting to learn about City government.
4. PRESENTATIONS
5. PUBLIC STATEMENTS
a. Al Galvez , with Pacific Gas & Electric,
Introduced Nick Ortiz as the new Local
Area Governmental Manager for the
company. Mr. Ortiz made comments.
b. Zachary Griffin, with Bike Bakersfield thanked
the City and Mayor for the proclamation
declaring May as "Bike Month."
6. WORKSHOPS
a. Presentation by Bakersfield Sports Foundation
regarding the 2010 Amgen Tour of California
Cycling Race,
Jay Rosenlieb, VP Bakersfield Sports Foundation
introduced Don Cohen, Manager of the
Convention and Visitors Bureau, Chris Huot, and
Janet Clary, and presented a video.
ACTION TAKEN
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Bakersfield, California, May 5, 2010 - Page 2
7. APPOINTMENTS ACTION TAKEN
None.
8. CONSENT CALENDAR
Minutes:
a, Approval of minutes of the April 21, 2010
Regular City Council Meeting.
Payments:
b. Approval of department payments from April 9,
2010 to April 22, 2010 in the amount of
$10,575,695.08 and self- insurance payments
from April 9, 2010 to April 22, 2010 in the amount
of $247,523.40.
Ordinances:
C. First Reading of Ordinance amending Municipal FR
Code Section 1. 12.040 by adding Annexation
No. 611 consisting of 6.72 acres located on the
north side of Rosedale Highway, east of Jenkins
Road and Annexation No. 614 consisting of
34.64 acres located at the northeast corner of
Jenkins Road and Rosedale Highway to Ward 4.
Resolutions:
Agreements:
d. Final Tract Map and Improvement Agreement AGR 10 -051
with Pulte Home Corp. for Tract 6149 Phase 9
located on Highway 178, west of Miramonte
Drive.
e. Agreement with Bakersfield Senior Center AGR 10 -052
($80,255.93 CDBG funds) to rehabilitate kitchen
and dining areas at 530 4m Street.
Agreement with State of California Department AGR 10 -053
of Public Health and U. S. Department of
Housing and Urban Development ($635,917) for
Housing Opportunities for Persons with HIV /AIDS
Entitlement Program (HOPWA).
Bakersfield, California, May 5, 2010 - Page 3
CONSENT CALENDAR continued ACTION TAKEN
g. Agreement with Clifford & Brown ($225,000 AGR 10 -054
annually for FY 2010/11, 2011/12 & 2012/13 and
$240,000 annually for FY 2013/14 & 2014/15) for
legal services.
h. Agreement with Jeff Wanamaker, the Estate of AGR 10 -055
Robert Wanamaker and the Bloemer Estate, LP
($1,313,050.15) to purchase the remaining
interests in real property located on the west
side of Mohawk Street south of Rosedale
Highway for the Westside Parkway. (TRIP)
Amendment No. 1 to Agreement No. PW08 -210 AGR 10 -056
with Crider Construction, Inc. ($40,000; revised
not to exceed $80,000) for welding, fabrication
and general construction work at Wastewater
Treatment Plant Nos. 2 & 3.
j. Amendment No. 1 to Agreement No. 09 -052 AGR 09- 052(1)
with Kern Turf Supply, Inc. (extending term for 1
year only) for irrigation parts and supplies.
k. Amendment No. 1 to Agreement No. 08 -057 AGR 08- 057(1)
with Geocon Inland Empire, Inc. ($10,000;
revised not to exceed $55,500 and extend term
for 5 months) for additional groundwater
sampling and reporting services to comply with
Wastewater Treatment Plant Discharge Permits.
I. Wastewater Treatment Plant No. 3 - 2007
Expansion Project:
Amendment No. 3 to Agreement No. 06- AGR 06- 388(3)
388 with Jacobs Project Management
Co., formerly known as Jacobs Civil, Inc.,
($200,000; revised not to exceed
$7,900,000) for additional construction
management services for the project.
2. Transfer $200,000 contingency
established for the project to the Public
Works Department Capital Improvement
Budget.
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CONSENT CALENDAR continued ACTION TAKEN
M. Contract Change Order No. 58 to Agreement AGR 07 -304
No. 07 -304 with Security Paving Co. CCO58
($537,627.80; revised not to exceed
$32,501,028.36) for the State Route 178 and
Fairfax Road interchange Project. (TRIP)
Bids:
n. Construction of One Mega -Watt Solar Energy REMOVED FOR SEPARATE
Facility at Wastewater Treatment Plant No. 3 CONSIDERATION
Project (ARRA):
1. Accept bid and award contract to
Systems 3, Inc. ($5,359,018) for design,
engineering and construction of the
project.
2. Appropriate $2,661,000 estimated
P.G. &E. Rebate to the Public Works
Department Capital Improvement
Budget within the Sewer Enterprise Fund
(WWTP No. 3) for project.
o. Accept bid and award annual contract to AGR 10 -058
Gilliam and Sons, Inc. (not to exceed
$385,452) for earthmoving and hauling.
P. Accept bid and award annual contract to AGR 10 -059
Badger Meter, Inc. (not to exceed
$588,226.28) for water meters.
q. Accept bid and award annual contract to AGR 10 -060
Sesa, Inc. dba Signco (not to exceed
$64,758.88) for traffic signs.
HVAC Upgrade at Police Department
Communication Center:
Accept bid and award contract to AGR 10 -061
Cole's Mechanical Systems, Inc.
($55,760) for the project.
2. Approve transfer of $15,000 savings from
Capital Project (HVAC - Building A and
Convention Center) to the Public Works
Department Capital Improvement
Budget within the Capital Outlay Fund
for the project.
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Bakersfield, California, May 5, 2010 — Page 5
CONSENT CALENDAR continued
Miscellaneous:
S. Final Tract Map with Castle & Cooke California,
Inc. for Tract 7166 Units 2 & 3 located south of
Ming Avenue and west of Gosford Road.
Appropriate $64,000 Federal ARRA funds to the
Public Works Department Capital
Improvement Budget within the ARRA Federal
Stimulus Fund for the Pavement Rehabilitation
2009 Phase 5 - Coffee Road from Friant Kern
Canal to Riverlakes Drive /Meany Avenue,
Coffee Road from Olive Drive to Norris Road
(northbound only) Project.
City Clerk Gafford announced two correspondence
items were received from Safeway Sign Company
regarding item 8q.
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 conflict of interest, source of income, on item
8.b.
Councilmember Carson announced she would
abstain due to conflict of interest on item 8.e. as she
serves on the Board of the Bakersfield Senior Center.
Motion by Vice -Mayor Scrivner to adopt Consent
Calendar items 8.a. through 8.t. with separate
consideration of item 8n.
Construction of One Mega -Watt Solar Energy
Facility at Wastewater Treatment Plant No. 3
Project (ARRA):
1. Accept bid and award contract to
Systems 3, Inc. ($5,359,018) for design,
engineering and construction of the
project.
ACTION TAKEN
APPROVED
AGR 10 -057
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Bakersfield, California, May 5, 2010 - Page 6
CONSENT CALENDAR continued
2. Appropriate $2,661,000 estimated
P.G. &E. Rebate to the Public Works
Department Capital Improvement
Budget within the Sewer Enterprise Fund
(WWTP No. 3) for project.
Motion by Councilmember Couch to adopt Consent
Calendar items 8.n.
CLOSED SESSION
a, Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9 for Bakersfield Firefighters Association;
Moore v. City - KCSC Case No. S- 1500 -CV-
268544 NFT,
Motion by Vice -Mayor Scrivner to adjourn to Closed
Session at 5.40 p.m.
Motion by Councilmember Benham to adjourn from
Closed Session at 6:15 p.m.
RECONVENED MEETING AT 6:25 p.m.
I1r1
CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9 for Bakersfield Firefighters Association;
Moore v. City - KCSC Case No. S- 1500 -CV-
268544 NFT.
CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider Resolution
authorizing the Bakersfield Redevelopment
Agency to sell real property located at the
corner of E. California Avenue and S.
Robinson Street (portion of Parcel No. 018 -040-
02) for $1.00 to Clinica Sierra Vista for the
development of an approximately 3,863 sq. ft.
dental clinic. (Staff recommends adoption of
resolution.)
ACTION TAKEN
APPROVED
APPROVED
APPROVED
CITY ATTORNEY
GIVEN DIRECTION
RES 053 -10
11.
Bakersfield, California, May 5, 2010 - Page 7
CONSENT CALENDAR PUBLIC HEARINGS continued
b. General Plan Amendment /Zone Change No.
10 -0008, McIntosh & Associates, representing
JEC Panama, LLC and MPW Properties, LLC
(property owners) has applied for a general
plan amendment and zone change on 12.16
acres generally located on the southeast
corner of Pacheco and Gosford Road. (Staff
recommends adoption of resolution and give first
reading to ordinance.)
Resolution approving the Negative
Declaration and adopting the general
plan amendment changing the land use
designation from GC (General
Commercial) to HMR (High Medium
Density Residential) on 11.4 acres and
from LR to HMR on .76 acres.
2. First Reading of Ordinance approving
the Negative Declaration, amending
Title 17 of the Municipal Code (Zone
Map No. 123 -21) changing the zoning
from C -1 (Neighborhood Commercial) to
R -2 (Limited Multiple Family Dwelling) on
11.4 acres and from R -1 (One Family
Dwelling) to R -2 on .76 acres.
C. General Plan Amendment /Zone Change No.
09 -0263 (Stockdale Ranch); McIntosh &
Associates, representing Castle & Cooke CA,
Inc. and Bolthouse Properties (property owners)
has applied for amendments to the General
Plan, Circulation Element and Western
Rosedale Trails Plan and zone change on
approximately 564± acres located south of
Stockdale Hwy, north of Cross Valley Canal,
west of City limits at Claudia Autumn Dr. and
east of the future extension of Nord Ave. (Staff
recommends adoption of resolutions and give first
reading to ordinance.)
1. Resolution making findings approving
and certifying the Final Environmental
Impact Report (EIR) for GPA /ZC No. 09-
0263.
ACTION TAKEN
RES 054 -10
FR
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Bakersfield, California, May 5, 2010 - Page 8
11. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
2. Resolution adopting the general plan
amendment changing the land use
designations from ER (Estate Residential),
UER (Urban Estate Residential), GC
(General Commercial) and SR (Suburban
Residential to LR (Low Density
(Residential), HR (High Density
Residential), LMR (Low Medium
Residential), HMR (High Medium Density
Residential), GC (General Commercial,)
OC (Office Commercial), OS -P (Parks
and Recreation Facilities) and R -MP
(Mineral Petroleum and Minimum 5 -acre
Parcel /Drill Site), changing the
Circulation Element and the Western
Rosedale Trails Plan.
3. First Reading of Ordinance amending
Title 17 of the Municipal Code and
Zoning Maps by changing the zoning
from A (Agriculture) to R -1 (One Family
Dwelling), R -2 (Limited Multiple Family
Dwelling), R -3 (Multiple Family Dwelling),
C -1 (Neighborhood Commercial), C -2
(Regional Commercial), C -O /PCD
(Administrative and Professional
Office /Planned Commercial
Development, OS (Open Space) and DI
(Drilling Island).
City Clerk Gafford announced correspondence was
received from staff requesting item 11 c be continued
to the May 19, 2010 Council meeting.
Consent Calendar Public Hearings opened at
6:26 p.m.
Gordon Nipp requested clarification as to the staff
recommendation.
Consent Calendar Public Hearings closed at 6:27 p.m.
Motion by Vice -Mayor Scrivner to adopt Consent APPROVED
Calendar Public Hearing items l l.a. and 11 b., and that
item 11 c. remain open and continued to the May 19,
2010 Council meeting.
Bakersfield, California, May 5, 2010 - Page 9
12, HEARINGS ACTION TAKEN
a. Public Hearing to consider Resolution denying
the appeal by Fred Porter and Harold RES 055 -10
Robertson, and upholding the Board of Zoning
Adjustment decision approving Conditional
Use Permit No. 09 -0767 to operate a 3,177
square foot bar in a C-1 (Neighborhood
Commercial) located at 4715 Coffee Road.
(Applicant /Owner: Brian Myrick /Javaher
Investors, LLC)
Planning Director Jim Eggert made comments.
Hearing opened at 6:33 p.m.
Fred Porter, Harold Robertson, Tony Hogue and
Sue Porter spoke in opposition to the staff
recommendation.
Bryan Myrick spoke in support of the staff
recommendation.
Harold Robertson and Sue Porter made rebuttal
argument comments to those comments in
support.
Hearing closed at 6:59 p.m.
Motion by Councilmember Weir to adopt the
Resolution with additional conditions numbers 6
through 16 as follows:
6. The business shall not be eligible for a cabaret
permit as defined in Chapter 5.14 of the BMC.
7. The permit holder will comply with all operating
conditions imposed by the California
Department of Alcoholic Beverage Control
(ABC).
8. The permit holder shall not allow the number of
occupants inside the premise building to
exceed the establishment's maximum
occupant load, as determined by the
Development Services Director or his designee
and /or the Fire Chief or his designee.
APPROVED
NS CARSON, BENHAM,
SULLIVAN
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Bakersfield, California, May 5, 2010- Page 10
12. HEARINGS continued
9. There shall not be any type of Adult
Entertainment as defined in BMC section
5.06.010, on the premises at any time.
10. Unless permitted as part of these conditions, all
noise associated with the operation of any
sound equipment must comply with BMC
Section 9.22.
11. Loitering is prohibited on the premises or area
under the control of the permit holder. This also
includes persons waiting to get into the business
if it is at maximum occupancy.
12. The permit holder shall ensure that reasonable
efforts are made to prevent the admission of
any person whose conduct is described in
Penal Code Section 415 (fighting, loud noise,
offensive words in public places) or Section 647
(disorderly conduct) on the premises, parking
lots and all other areas of the establishment
controlled by the permit holder. The permit
holder shall make reasonable efforts to remove
persons exhibiting such conduct from the
establishment.
13. During the hours of operation when privileges of
this permit are being exercised, minors shall not
be allowed on the premises. The permit holder
shall make reasonable efforts to ensure minors
are identified as such and denied admittance
to the premises while the privileges of this
permit are being exercised. Further, the permit
holder will ensure the Bakersfield Police
Department is contacted immediately in the
event any minor on the premises attempts to
obtain an alcoholic beverage, or admittance
through false pretenses.
14. The business shall not include a restaurant use
where food will be prepared and served.
12
13.
14.
15.
Bakersfield, California, May 5, 2010 - Page 11
HEARINGS continued
15. Wall signs and exterior promotional
advertisement signs shall be prohibited. The
business identification sign shall be limited to a
non - illuminated vinyl with a maximum area of 8
square feet on the window or entry door in
accordance with the C -1 regulations.
16. The conditional use permit for the bar use shall
expire on May 5, 2015 (5 years from the City
Council's approval date). This expiration also
includes any City approvals granted to allow
alcohol sales related to this use.
REPORTS
a. Presentation of the Proposed FY 2010 -11
Budget.
City Manager Tandy, and Management
Assistant Kirkwood made staff comments and
provided a slide presentation.
Councilmember Hanson requested staff
provide the number of emergency calls for
Station No, 14 by category since it opened in
January 2010, provide a record of whether
emergency medical service personnel or fire
personnel arrived first on scene for calls for
Station No 14, provide the average response
time to cover the developed portion of its "First
in Boundary, " and if Fire Station No. 14 is closed,
provide the response time to cover the
developed portion of its "First in Boundary" from
City Fire Station Nos. 9 and 15 and County Fire
Station No. 53.
Councilmember Couch requested the staff
presentation be provided to Councilmembers
via e-mail.
DEFERRED BUSINESS
None.
NEW BUSINESS
None.
f) 6
Bakersfield, California, May 5, 2010 - Page 12
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham thanked the Bakersfield
Symphony musicians for their efforts to plan some
concerts at Beale Park this summer, She also thanked
Tina Cummings of Bakersfield College for making the
BC pool available to kids in the northeast.
Councilmember Weir commended Tina Cummings of
Bakersfield College for providing their pool for
activities such as drop- in swimming, youth polo, lap
swimming sessions, scuba certification, and water
aerobics.
Councilmember Sullivan thanked the Police
Department for their successful handling of recent
high profile killings.
City Manager Tandy introduced Art Chianello, the
newly appointed Water Resources Manager,
Councilmember Carson announced that a new spray
park was recently opened at Casa Loma Park.
17. ADJOURNMENT
Mayor Hall adjot
ATTEST;
MAYOR of the City of Bakersfield,
Q/*,64 2all'--Ij
CITY CLERK and Ex Off! /Clerk of
the Council of the City of Bakersfield