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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 953 951 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. X55 91 X56 Bakersfield, California, May 5, 2010 - Page 4 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. n 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 9 5 '7 a V1 958 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 X59 960 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 961 962 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