HomeMy WebLinkAbout05/19/10 CC MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF May 19, 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
Absent: Councilmember Sullivan
2. INVOCATION by Chaplin Kerry Bulls, Bakersfield Heart
Hospital Chapel.
3. PLEDGE OF ALLEGIANCE by Bryce Bolender,
Kindergarten student at Lakeside Elementary.
City Clerk Gafford announced staff has requested that
Reports Item l l .a. be moved to the end of the Agenda, to
be heard prior to Adjournment, and Closed Session items
15.a.1. and 2. be removed from the Agenda,
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Jay Rosenlieb, Vice President, Bakersfield Sports
Foundation, declaring May 20, 2010 Amgen
Tour Day.
Mayor Hall announced he would hold the
presentation for the Amgen Tour in the event a
representative makes an appearance and work it in
at a later moment on the Agenda.
b. Presentation by Mayor Hall of a Proclamation to
Jennifer Cantelmi- Baker, Owner, Little White
Dress, and Tina Cantelmi, property owner,
honoring their beautification efforts in
downtown Bakersfield.
Tina Cantelmi accepted the Proclamation and made
comments.
ACTION TAKEN
965
i
5.
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Bakersfield, California, May 19, 2010 - Page 2
PUBLIC STATEMENTS
a. Marvin Dean spoke regarding Consent
Calendar items 8.m., n. and o.
b. LaQuette Milner, Director of LQ's Performing
Arts Center, asked for support for a production
of "Da' Hip -Hop Wizzard of Oz ", and provided
written material,
C. Stefan Lambert, representing the Bakersfield
Community Services, spoke regarding Phase
Two of Who is Sensitive Enough, and asked for
support of a City Sensitivity Committee.
WORKSHOPS
None.
APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 5, 2010 Regular
City Council Meeting.
Payments:
b. Approval of department payments from
April 23, 2010 to May 6, 2010 in the amount of
$13,139,428.63 and self- insurance payments
from April 23, 2010 to May 6,2010 in the amount
of $609,797.31.
Ordinances:
C. First Reading of Ordinance amending Section
2.28.090 of the Municipal Code relating to
Board of Zoning Adjustment Membership,
d. Adoption of Ordinance amending Municipal
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.
(FR 05105110)
ACTION TAKEN
ABS WEIR, COUCH
FR
ORD 4619
Bakersfield, California, May 19, 2010 - Page 3
8. CONSENT CALENDAR continued
Resolutions:
e. Amendment No. 3 to Resolution No. 140 -08
approving Memorandum of Understanding for
Employees of the Blue and White Collar Units
and adopting salary schedule and related
benefits.
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 authorize collection of the
assessments by the Kern County Tax Collector.
g. Resolutions adding territory to the Consolidated
Maintenance District, confirming the
assessments, approving the Public Works
Director's Reports and authorizing collection of
assessments by the Kern County Tax Collector
for the following:
1. Area 2 -44 (6320 District Boulevard)
2. Area 4 -95 (1818 Dracena Street)
3. Area 5 -59 (2424 Cottonwood Road)
h. Resolution of Intention No. 1666 to order the
vacation of the 40' pedestrian easement
located at the south end of Morocco Court as
dedicated on the Final Map for Tract 4624.
Resolution of Intention No. 1667 preliminarily
adopting, confirming and approving the
Public Works Director's Report for the
consolidated Maintenance District (CMD) and
its 2010 -2011 budget; setting time and place for
hearing protests on the amount of park
landscaping assessments to be levied
throughout the CMD.
ACTION TAKEN
RES 140 -08(3)
RES 056 -10
RES 057 -10
RES 058 -10
RES 059 -10
REMOVED FOR
SEPARATE
CONSIDERATION
ROI 1667
967
• W
Bakersfield, California, May 19, 2010 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
j. Resolution of Intention No. 1668 preliminarily
adopting, confirming and approving the
Public Works Director's Report for the
Consolidated Maintenance District (CMD) and
its 2010 -2011 budget; setting time and place for
hearing protests on the amount of street and
median landscaping assessments to be levied
throughout the CMD.
k. Resolution of Intention No. 1669 preliminarily
adopting, confirming and approving the
Public Works Director's Report for the Traffic
Signal Maintenance District (TSMD) and its
2010 -2011 budget, setting time and place for
hearing protests on the amount of traffic signal
assessments to be levied throughout the TSMD.
Agreements:
Amendment No. 3 to Agreement No. 05 -008
with Kennedy /Jenks Consultants ($170,000;
revised not to exceed $507,900) to prepare final
design engineering and bid package for the
Stine Road Finish Water Pipeline Project related
to the South Bakersfield Water Treatment Plant.
M. Contract Change Order Nos. 15 - 19 to
Agreement No. 09 -031 with Elite Landscaping
($29,820.55; revised not to exceed 3,573,770.69)
for the Mill Creek Linear Park Phases 2, 4, 5A
and 5B Project.
n. Contract Change Order Nos. 2 and 3 to
Agreement No. 09 -076 with Security Paving Co.,
Inc. ($791,760.15; revised not to exceed
$77,952,635.22) for construction of Westside
Parkway Phase II Project. (TRIP)
R0/ 1668
R01 1669
AGR 05- 008(3)
AGR 09 -031
CCO15, CCO16,
CCO17, CC018,
CCO19
ABS COUCH
AGR 09 -076
CCO2, CC03
Bakersfield, California, May 19, 2010 - Page 5
8. CONSENT CALENDAR continued
o. Wastewater Treatment Plant No. 3 - 2007
Expansion Project:
Contract Change Order No. 12 to
Agreement No. 07 -302 with Kiewit Pacific
Corp. ($310,871; revised not to exceed
$219,022,320) for project.
2. Transfer $285,725 contingency
established for the Wastewater
Treatment Plant No. 3 Expansion Project
to the Public Works Department Capital
Improvement Budget.
3. Appropriate $25,146 Sewer Enterprise
Fund Balance (Wastewater Treatment
Plant No. 3) to the Public Works
Department Capital Improvement
Budget.
Bids:
P. Accept bid and award annual contract to
Burtch Construction (not to exceed $652,750) to
provide and apply asphalt rejuvenator and
sealant.
q. Accept bid and award annual contract to
Pavement Recycling Systems, Inc. (not to
exceed $146,000) for cold planing.
City Clerk Gafford announced correspondence was
received from Grace Onsurez in opposition to item 8.h.
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, potential source of income
to himself and his employer, on items 8.b. and 8.m.
At the request of Councilmember Hanson, Assistant
Public Works Director Underwood provided
clarification regarding items 8.m., n. and o.
Councilmember Weir requested item 8.h. be removed
for separate consideration.
ACTION TAKEN
AGR 07 -302
CCO12
AGR 10 -062
AGR 10 -063
197{
91
VA
Bakersfield, California, May 19, 2010 - Page 6
CONSENT CALENDAR continued
Motion by Vice -Mayor Scrivner to adopt Consent
Calendar items 8.a. through 8q. with separate
consideration of item 8.h.
h, Resolution of Intention No. 1666 to order the
vacation of the 40' pedestrian easement
located at the south end of Morocco Court as
dedicated on the Final Map for Tract 4624.
Motion by Councilmember Weir to continue item 8.h.
to the next Council meeting.
CONSENT CALENDAR PUBLIC HEARINGS
None.
10. HEARINGS
a, 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.
(Hearing opened and continued at 05105110
meeting.)
Resolution making findings approving
and certifying the Final Environmental
Impact Report (EIR) for GPA /ZC
No. 09 -0263.
ACTION TAKEN
APPROVED
AB SULLIVAN
APPROVED
AB SULLIVAN
971
Bakersfield, California, May 19, 2010 - Page 7
10. 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 this hearing was
opened and continued at the May 5th Council
meeting, correspondence was received from
California Department of Conservation and Kern
County Administrative Office, also received was a
response from the applicant and applicant's project
consultant; and staff is recommending that statements
be received this evening and that the hearing remain
open and continued to the next Council meeting,
which is June 9th.
Planning Director Eggert made staff comments.
Hearing opened at 5:46 p.m.
q- 7 2 Bakersfield, California, May 19, 2010 - Page 8
10. HEARINGS continued
Marvin Dean; Gordon Nipp, representing the Sierra
Club, asked to defer his testimony; and Charlotte
Brock spoke in opposition to the staff
recommendation.
Scott Thayer, with Castle and Cook; Rogert McIntosh,
with McIntosh and Associates, submitted written
material; Chris Lightburn, with Development Planning
and Financing Group, Inc., submitted written material;
and Mary Jane Wilson, with WZI, made a Powerpoint
presentation, and spoke in support of the staff
recommendation.
Bob Kunz; Gordon Nipp, asked for a copy of new
information presented; and Marvin Dean spoke in
rebuttal opposition to the staff recommendation.
Scott Thayer spoke in rebuttal support of the staff
recommendation.
Councilmember Couch asked staff to provide Mr. Nipp
with a copy of the presentation and materials
submitted this evening.
Motion by Councilmember Couch to keep the Hearing
open and continue to the June 9m Council meeting.
11. REPORTS
a, Department Budget Presentations:
1, General Government
2. Finance Department
3. City Attorney
4, Water Resources
5, Economic /Community Development
b. Rabobank Arena
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None.
ACTION TAKEN
APPROVED
AB CARSON,
SULLIVAN
MOVED TO THE
END OF THE AGENDA
Bakersfield, California, May 19, 2010 - Page 9
14. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN
Vice -Mayor Scrivner asked staff to look into how the
County is coming up with the fees regarding the
Stockdale Ranch development project and report
back to the Council, then perhaps have a joint
meeting with the County to discuss it.
In response to a question from Councilmember
Hanson, City Attorney Gennaro advised that her staff
is handling the issue regarding the location of the
trustee sales and hope to have it resolved in the near
future.
Councilmember Hanson asked staff to respond to
correspondence from John Nilon regarding closure of
the landfill.
Mayor Hall recognized students from California State
University, Bakersfield's Public Affairs class and the
Ridgeview High School Government class in
attendance at the meeting to learn about City
government.
Mayor Hall announced he had planned to give
recognition to the AMGEN Tour Committee
representatives, but they were unable to make the
meeting, so he wanted to acknowledge the
conclusion of the 121 -mile Amgen bike race as it
enters Kern County and finishes at Bakersfield College
tomorrow, and encouraged everyone to attend;
and he expressed his appreciation to those in the
community that contributed toward making this a
successful event.
15. CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9 for the following cases:
1. City v. Wanamaker, et al. - KCSC Case DELETED
No. S- 1500 -CV- 264881 SPC
2. City v. Big West of California, etc., et al. - DELETED
KCSC Case No. S- 1500 -CV- 260449 WDP
3. Bakersfield Redevelopment Agency v.
Whitlock Property, LLC, et al. - KCSC
Case No. S- 1500 -CV- 265174 SPC
Bakersfield, California, May 19, 2010 - Page 10
15. CLOSED SESSION continued ACTION TAKEN
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. (One matter)
C. Conference with Labor Negotiator pursuant to
Government Code Section 54957,6.
City Clerk Gafford announced staff has indicated
items 15.a,1. and 2. have been removed from the
Agenda.
Motion by Vice -Mayor Scrivner to adjourn to Closed APPROVED
Session at 6.31 p.m. AB CARSON, SULLIVAN
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 7.40 p.m. AB CARSON, SULLIVAN
RECONVENED MEETING AT 7:53 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 for the following cases:
3. Bakersfield Redevelopment Agency v,
NO REPORTABLE
Whitlock Property, LLC, et al, - KCSC
ACTION
Case No. S- 1500 -CV- 265174 SPC
b. Conference with Legal Counsel - Potential
CITY ATTORNEY WAS
Litigation, Closed Session pursuant to
DIRECTED TO PREPARE
subdivision (b)(1)(3)(A) of Government Code
PENSION BALLOT
Section 549569, (One matter)
MEASURE LANGUAGE
FOR DISCUSSION IN
OPEN SESSION AT NEXT
COUNCIL MEETING
C. Conference with Labor Negotiator pursuant to LABOR NEGOTIATOR
Government Code Section 54957.6. GIVEN DIRECTION
Bakersfield, California, May 19, 2010 - Page 11
11. REPORTS
a. Department Budget Presentations:
1. General Government
Management Assistant Kirkwood made staff
comments and provided a slide presentation,
2. Finance Department
Finance Director Smith made staff comments
and provided a slide presentation.
Councilmember Hanson requested staff provide
the number of cars driven by the Police
Department for issuing parking violations.
3. City Attorney
City Attorney Gennaro made staff comments
and provided a slide presentation,
4. Water Resources
Water Resources Manager Chianello made
staff comments and provided a slide
presentation,
5. Economic /Community Development
Economic Development Director Kunz made
staff comments and provided a slide
presentation.
6. Rabobank Arena
General Manager Womack made staff
comments and provided a slide presentation.
17. ADJOURNMENT
Mayor Hall adjourned the meeting aV:57P.m.
of tti'e City of Bakersfield,
ATTEST:
CITY CLERK and Ex io Clerk of
the Council of the City of Bakersfield
ACTION TAKEN
X15�4
n7.)6
Bakersfield, California, May 19, 2010 — Page 12
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