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HomeMy WebLinkAbout08/11/10 CC MINUTES1023 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 11, 2010 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, Weir, Couch, Hanson, Sullivan Absent: Councilmember Benham City Attorney Gennaro announced the City Attorney's Office is requesting that the Council consider adding an item to the Closed Session calendar, Item 10.c. This item arose after the Agenda was posted and it requires immediate attention, in that yesterday the County Board of Supervisors made a counter offer to the City's tax sharing proposal concerning Annexation No. 626. City staff is informed that unless the agreement can be reached, the proposed tenants of the development will look for another location. Therefore, the City Council needs to consider potential litigation surrounding this annexation and the potential ramifications of not having a planned public safety facility. Motion by Vice -Mayor Scrivner to add the following Item to APPROVED Closed Session as Item 10. c., which arose after the AB BENHAM Agenda was posted and requires action tonight. 10. c. Conference with Legal Counsel - Potential Litigation: Closed Session pursuant to subdivision (b)(1)(3)(B) of Government Code Section 54956.9. (One matter re: Annexation No. 626) 2. INVOCATION by Pastor Curtis Jenkins, Tristone Missionary Baptist Church. 3. PLEDGE OF ALLEGIANCE by Halley Reza, 5th grade student, Our Lady of Guadalupe School. 2, ' A� Bakersfield, California, August 11, 2010 - Page 2 4. PRESENTATIONS ACTION TAKEN a. Presentation by Mayor Hall of a Proclamation to KC the Bull and Kern County Fair CEO Bill Blair declaring September 22 through October 3, 2010 as Kern County Fair Days. KC the Bull and Mr. Blair were not in attendance; presentation was not made. 5. PUBLIC STATEMENTS a. Camilo Reyes, president of 60 -unit Wilson Park Village at 2600 Chandler Court, spoke regarding erecting a block wall between 2600 Chandler Court and Highway 99, and resurfacing the street on Chandler Court, and submitted photographs. Councilmember Sullivan referred this matter to Public Works staff to determine what needs to be done and get back to Mr. Reyes. b. Joel Andreesen, attorney with Rodriguez & Associates representing Terry Bedford Construction, spoke regarding Consent Calendar item 8.x. and requested it be removed from the Consent Calendar and placed into the regular meeting for discussion; and submitted written material. C. Marvin Dean spoke regarding Consent Calendar items 8.x. and 8.n. d. Mary Osburn, Treasurer of the Bakersfield High School Driller Band Boosters, spoke regarding the Guinness Book of World Record Largest Water Balloon Fight they are hosting on August 28th at Yokuts Park, provided a handout and invited everyone to attend to help break the world record. 6. WORKSHOPS a. Status update on Redevelopment projects (Millcreek). Economic Development Director Kunz made a PowerPoint presentation. 7. APPOINTMENTS None. 8. Bakersfield, California, August 11, 2010- Page 3 CONSENT CALENDAR Minutes: a. Approval of minutes of the July 21, 2010 Regular City Council Meeting. Payments: b. Approval of department payments from July 8, 2010 to July 26, 2010 in the amount of $24,315,067.03 and self- insurance payments from July 8, 2010 to July 26, 2010 in the amount of $1,595,796.17. Ordinances: C. Adoption of Ordinance and amending the Official Zoning Maps in Title 17 of the Municipal Code by changing the zone district 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) on approximately 564± acres generally located south of Stockdale Highway, north of the Cross Valley Canal, west of the City limits at Claudia Autumn Drive and east of the future extension of Nord Avenue. (ZC 09 -0263) (McIntosh & Associates representing Castle & Cooke, California, Inc,) (FR 06130110) d. Adoption of Ordinance adding Section 17.04.358 and amending Chapter 17.61 of the Municipal Code related to water conservation and efficiency requirements to landscape standards. (FR 07/21/10) Resolutions: e. Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Government Code Section 34090, et seq. (Public Works) ACTION TAKEN ABS WEIR, COUCH ORD 4623 ORD 4624 RES 088 -10 10 "95 10 ;26 Bakersfield, California, August 11, 2010 - Page 4 8. CONSENT CALENDAR continued ACTION TAKEN Resolution confirming approval by the City RES 089 -10 Manager designee 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 the demolishment of dangerous buildings and authorize collection of the assessments by the Kern County Tax Collector. g. Resolution determining that Bioxide, a RES 090 -10 proprietary chemical for sewer odor control and reduction of sulfide gas levels, cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof for a period of one year, not to exceed the budgeted amount of $800,000. h. Bomb Squad equipment; Appropriate $74,166 State Grant Revenues (FY2008 State Homeland Security Grant Program) to the General Fund Police Operating Budget, to fund the procurement of a Hybrid C2456 -8440 Radio system and power system upgrade for the Police Department Remotec F6A Bomb Robot, 2. Resolution determining that a RES 091 -10 compatible radio system and power system upgrade for the Police Department RemotecF6A bomb robot cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof and purchase one radio system and power system upgrade from Remotec, Inc., not to exceed $74,200. Bakersfield, California, August 11, 2010 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN Resolution determining that the Deputy Fire Chief assigned to Special Services or the City Manager are appointed as agents authorized to execute any actions necessary for the purpose of obtaining grants from the United States Department of Homeland Security Urban Area Security Initiative (UASI). City positions on League of California Cities Annual Conference Resolutions. Agreements: k. Agreement with Bakersfield Senior Center ($85,000 CDBG funds) for operational expenses at 530 4th Street. I. Agreement with State of California Department of Transportation ($250,000) for contribution towards preconstruction work needed for proposed improvements on State Route 99. M. Agreement with Castle & Cooke California, Inc. to purchase real property located at 11208 Strathaven Street ($27,000) and to lease adjacent real property ($800 /month) to facilitate construction of a sewer lift station for the Westside Parkway. (TRIP) n. South Mill Creek easement purchase: 1. Agreement with Bakersfield Redevelopment Agency ($950,000) for the sale of City owned 1.95 linear acre easement located to the east of P Street and Q Street and south of the B,N.S.F. railroad tracks for the South Mill Creek Project. 2. Appropriate $950,000 Redevelopment Loan proceeds from the City's Equipment Fund for the Agency reimbursement to the City's Transportation Development Fund regarding the removal of freeway easement on the Chelsea Housing Project properties. RES 092 -10 REMOVED FOR SEPARATE CONSIDERATION AGR 10 -109 ABS CARSON AGR 10 -110 AGR 10 -111 DEED 7356 REMOVED FOR SEPARATE CONSIDERATION 1027 Q �0 8 Bakersfield, California, August 11, 2010 - Page 6 CONSENT CALENDAR continued ACTION TAKEN o. Amendment No. 3 to Agreement No. 07 -082 AGR 07- 082(3) with AECOM Technical Services, Inc. ($998,000; revised not to exceed $ 15,239,795) for Westside Parkway Project engineering design services. (TRIP) P. On -call civil engineering and surveying agreements extending term to June 30, 2011 (no change to not -to- exceed amounts): 1. Amendment No. 1 to Agreement AGR 08- 097(1) No. 08 -097 with Harris & Associates, Inc. 2. Amendment No. 1 to Agreement AGR 08- 098(l) No. 08 -098 with Meyer Civil Engineering, Inc. q. Contract Change Order Nos. 65, 66 and 78 to AGR 07 -304 Agreement No. 07 -304 with Security Paving CCO65, CCO66, Construction ($77,201.36; revised not to exceed CCO78 $32,883,512.43) for the State Route 178 and Fairfax Road Interchange Project. (TRIP) Bids: Rescind bid award to Stewart Staffing Support Services, Inc. for 16 Panasonic toughbook mobile data computers for the Police Department. Accept bid from Jim Burke Ford (total $283,654.50) for 7 replacement four -door police special sedans ($153,971.58) and 6 replacement administration sedans ($129,682.92) for the Police Department, t. Accept bid from Jim Burke Ford ($79,885.20) for three replacement super duty cab and chassis (9700 GVW) for the Police Department Animal Control Unit. U. Accept bid from Golden State Peterbilt ($963,574.73) for 7 replacement three axle cab and chassis, right hand drive for the Solid Waste Division. a Bakersfield, California, August 11, 2010 - Page 7 CONSENT CALENDAR continued ACTION TAKEN V. Accept bid from Gibbs Truck Center ($143,983.58) for one replacement water truck with 3,000 gallon capacity for the Streets Division, W. Accept bid from Gibbs Truck Center ($172,405.96) for two replacement brush trucks for Recreation and Parks. X. Accept bid and approve annual contract with REMOVED FOR Jim Alffer, Cement Contractor (not to exceed SEPARATE $2,209,172) for concrete construction. CONSIDERATION Y. Accept proposal and approve contract with AGR 10 -113 Zim Industries, Inc, dba Bakersfield Well and Pump Co. (not to exceed $100,000) for on -call maintenance and repair of the Olcese Wells. Z. Video Surveillance Project to install and maintain a video surveillance and supporting infrastructure and connectivity system in 15 specified locations: 1. Accept bid and approve agreement AGR 10 -114 with Leverage Information Systems, Inc. ($309,908.34) for the project. 2. Appropriate $112,155 Seized Asset Forfeiture Revenues to the Police Department Operating Budget in the General Fund for the project. Miscellaneous: aa. Quitclaim of Easement on property located in DEED 7357 Arvin to Grimmway Enterprises, Inc. bb. Revised job specifications for Water Resources Director and Water Resources Superintendent. City Clerk Gafford announced a bid protest and 3 letters and records requests have been received from Rodriguez & Associates regarding item 8.x. Councilmember Weir announced he would abstain due to conflict of interest, source of income to himself, on item 8.b. 10 ?9 1030 Bakersfield, California, August 11, 2010- Page 8 8. CONSENT CALENDAR continued ACTION TAKEN 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.n. Councilmember Carson announced she would abstain due to conflict of interest, as a Board Member of the Bakersfield Senior Center, on item 8.k. Councilmember Carson requested that items 8.n. and 8.x. be removed for separate consideration. Councilmember Weir requested that item 8.j. be removed for separate consideration. Motion by Vice -Mayor Scrivner to adopt Consent APPROVED Calendar items 8.a. through 8.bb., with the removal of AB BENHAM items 8.i., 8.n., and 8.x. for separate consideration. n. South Mill Creek easement purchase: 1, Agreement with Bakersfield AGR 10 -112 Redevelopment Agency ($950,000) for the sale of City owned 1,95 linear acre easement located to the east of P Street and Q Street and south of the B.N.S.F. railroad tracks for the South Mill Creek Project. 2. Appropriate $950,000 Redevelopment Loan proceeds from the City's Equipment Fund for the Agency reimbursement to the City's Transportation Development Fund regarding the removal of freeway easement on the Chelsea Housing Project properties. At the request of Councilmember Carson, Economic Development Director Kunz provided an explanation of this item. Motion by Councilmember Carson to adopt Consent APPROVED Calendar item 8.n. ABS COUCH AB BENHAM j. City positions on League of California Cities Annual Conference Resolutions. A vote was called by the Mayor Hall regarding the APPROVED approval of Consent Calendar Item 8.j. NOES WEIR AB BENHAM 8 9. Bakersfield, California, August 11, 2010 - Page 9 CONSENT CALENDAR continued X. Accept bid and approve annual contract with Jim Alfter, Cement Contractor (not to exceed $2,209,172) for concrete construction. Motion by Councilmember Carson to consider this item at the next City Council meeting. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider Resolution ordering the Summary Vacation of various easements over vacated portions of 15m Street, R Street and alley in Blocks 345 and 346. (Staff recommends adoption of resolution.) b. Public Hearing to consider Resolution ordering the vacation of the street and landscape easement on Monica Street, between College Avenue and Highway 184, located in Tract 6642. (Staff recommends adoption of resolution.) C. Public Hearing to consider Resolution amending the Miramonte Drive -Chase Avenue Planned Major Thoroughfare Area and making findings. (Staff recommends adoption of resolution.) d. General Plan Amendment /Zone Change No. 10 -0045; Max P. Bacerra & Associates, representing Samir & Anu Mohan and Panama Buena Vista School District (property owners), has applied for a general plan amendment and zone change on 16.04 acres generally located along the east side of Stine Road, between McKee Road and Taft Highway. (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 SR (Suburban Residential) to HMR (High Medium Density Residential) on 4.78 acres. ACTION TAKEN APPROVED AB BENHAM RES 093 -10 RES 094 -10 RES 095 -10 RES 096 -10 JQ01 032 Z 10. Bakersfield, California, August 11, 2010 - Page 10 CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN Item 9,d, continued 2. First Reading of Ordinance approving FR the Negative Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code from A (Agriculture) to R -2 /PUD (Limited Multiple Family Dwelling /Planned Unit Development) on 4.78 acres and from A to R -1 (One Family Dwelling) on 11.26 acres. e. General Plan Amendment /Zone Change No. 10 -0157; MSW Architectural & Engineering, Inc., representing Moran Development (property owner) has applied for a general plan amendment and zone change to modify four conditions of approval previously approved for GPA /ZC No. 06 -0463, located along the south side of Berkshire Road, generally west of Ashe Road. (Staff recommends adoption of resolution and give first reading to ordinance.) 1. Resolution approving a Notice of RES 097 -10 Exemption and adopting the general plan amendment to modify four conditions of approval for GPA No. 06 -0463. 2. First Reading of Ordinance approving a FR Notice of Exemption and approving the amendment to Title 17 of the Municipal Code by modifying four conditions of approval for ZC No. 06 -0463, Consent Calendar Public Hearings opened at 6:05 p.m. No one spoke. Consent Calendar Public Hearings closed at 6:06 p.m. Motion by Vice -Mayor Scrivner to adopt Consent APPROVED Calendar Public Hearing items 9.a. through 9.e. AB BENHAM CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Sierra Club v. City; Canyons, LLC. - KCSC Case No. S- 1500 -CV- 268547 KCT. Bakersfield, California, August 11, 2010- Page 11 10. CLOSED SESSION continued b. Conference with labor negotiator pursuant to Government Code Section 54956.6. C. Conference with Legal Counsel - Potential Litigation: Closed Session pursuant to subdivision (b)(1)(3)(B) of Government Code Section 54956.9. (One matter re: Annexation No. 626) Motion by Vice -Mayor Scrivner to adjourn to Closed Session at 6:07 p.m. Motion by Councilmember Weir to adjourn from Closed Session at 7:32 p.m. RECONVENED MEETING AT 7:41 p.m. 11. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Sierra Club v. City; Canyons, LLC. - KCSC Case No. S- 1500 -CV- 268547 KCT. b. Conference with labor negotiator pursuant to Government Code Section 54956.6. C. Conference with Legal Counsel - Potential Litigation: Closed Session pursuant to subdivision (b)(1)(3)(13) of Government Code Section 54956.9. (One matter re: Annexation No. 626) City Attorney Gennaro announced the record should reflect that the City Council accepted the County's offer on the tax sharing allocation regarding Annexation No. 626 only, with clarification on the dates of payment of the sales tax on the current properties. The City Attorney stated she would also like to make it clear that the sentiment of the City Council was that this settlement is only as to the Campagnani properties, and it is not in any way to be construed as setting precedent in future cases. ACTION TAKEN APPROVED AB BENHAM APPROVED AB BENHAM NO REPORTABLE ACTION NO REPORTABLE ACTION SEE CITY ATTORNEY'S COMMENTS AT LEFT FOR ACTION TAKEN '023 1031, Bakersfield, California, August 11, 2010 - Page 12 12. HEARINGS ACTION TAKEN a. General Plan Amendment /Zone Change No. 06 -2247 (Saco Ranch); McIntosh & Associates, representing Bidart Bros. (property owner) has applied for a general plan amendment and zone change on approximately 323 acres, generally located southeast and southwest of the intersection at Coffee Road and Seventh Standard Road. Resolution making findings in RES 098 -10 accordance with Sections 15091 and 15093 of the State CEQA Guidelines, adopting a statement of overriding considerations, a mitigation monitoring program and certifying the Final Environmental impact Report. 2. Resolution adopting the general plan amendment changing the land use RES 099 -10 designations from SR (Suburban Residential), LR (Low Density Residential), SI (Service Industrial) to GC (General Commercial) on approximately 165.96 acres with conditions of approval. 3. First Reading of Ordinance amending Title 17 of the Municipal Code form Kern FR County Zone Districts A (Exclusive Agriculture), M -2 PD (Medium Industrial - Precise Development) and R -1 (Low Density Residential) to City Zone District (C -2 /PCD (Regional Commercial /Planned Commercial Development), C -O /PCD (Professional and Administrative Office /Planned Commercial Development) and M -2 (General Manufacturing on approximately 323.71 acres with conditions of approval. City Clerk Gafford announced correspondence was received from the Sierra Club, John Nilon with the County of Kern, and WZI regarding this item. '0 ^5 Bakersfield, California, August 11, 2010 - Page 13 12. HEARINGS continued Item 12.a, continued Planning Director Eggert made staff comments, gave a PowerPoint presentation, and stated for the record that no new issues were raised by the Sierra Club and all of the issues that the Sierra Club has brought forth have been addressed in the Final EIR,' staff is recommending approval of the request and it also includes certification of the EIR, City Manager Tandy made staff comments regarding the tax split impacts on this project. Hearing opened at 7:52 p.m. Roger McIntosh, of McIntosh & Associates, representing Bidart Bros., spoke in support of the staff recommendation, made a PowerPoint presentation; submitted correspondence dated July 23, 2010, from Civil Egineer Shaw to the Planning Commission which outlines new and revised conditions; and requested that Condition 12, as it relates to Golden State Avenue, be a part of the Resolution. Jesse Frederick, Vice President of WZI, spoke in support of the staff recommendation; made a PowerPoint presentation; and submitted correspondence dated August 11, 2010, regarding the most recent correspondence received from the Sierra Club. Hearing closed at 8:03 p.m, At the request of Councilmember Couch, City Manager Tandy clarified that the most current memo was dated August 9, and the recommendations therein are incorporated in the Conditions of Approval, Mr. McIntosh reviewed the August 9m memo and agreed to accept the recommendations. ACTION TAKEN Motion by Councilmember Couch to adopt staff's APPROVED recommendation and choose the language based on AB BENHAM a memo dated August 9, which is incorporated in the Conditions of Approval, regarding Condition 12. Bakersfield, California, August 11, 2010 - Page 14 12. HEARINGS continued ACTION TAKEN b. General Plan Amendment /Zone Change No. 06 -1877 (Bakersfield Commons); Coffee - Brimhall, LLC (Latham & Watkins LLP) representing World Oil Corp. (property owner) has applied for a general plan amendment and zone change on approximately 255 acres located generally east and west of Coffee Road, north of Brimhall Road and approximately 1h mile south of Rosedale Highway. Resolution making findings per Sections RES 100 -10 15091 and 15093 of the State CEQA Guidelines, adopting a statement of overriding considerations, a mitigation monitoring program and certifying the Final Environmental Impact Report. 2. Resolution adopting the general plan RES 101 -10 amendment changing the land use designations from GC (General Commercial), LI (Light Industrial), HI (Heavy Industrial), LR (Low Density Residential), PS (Public and Private Schools) and OS -P (Parks and Recreation Facilities) to GC (General Commercial), MUC (Mixed -Use Commercial) and HMR (High Medium Density Residential) on approximate 236 acres with conditions of approval, 3. First Reading of Ordinance amending FR the Official Zoning Map in Title 17 of the Municipal Code from R -1 (One Family Dwelling), C -2 (Regional Commercial), OS (Open Space), M -1 (Light Manufacturing) and M -2 (General Manufacturing) to R -3 /PUD (Multiple Family Dwelling /Planned Unit Development), C -C /PCD (Commercial Center /Planned Commercial Development) and C -2 /PCD (Regional Commercial /Planned Commercial Development) on approximately 236 acres with conditions of approval. 1 Bakersfield, California, August 11, 2010 - Page 15 12. HEARINGS continued Item 12,b. continued City Clerk Gafford announced correspondence was received from the Sierra Club, Latham & Watkins, LLP, and Paulette R. Hulson regarding this item. Planning Director Eggert made staff comments; gave a PowerPoint presentation; and stated the Sierra Club's letter has acknowledged that they are emphasizing points that they previously raised in front of the Planning Commission; staff and legal staff, with the applicant, have reviewed the comments, and we just confirm for the record that no new issues have been raised by the Sierra Club, and all of the Sierra Club's issues have been addressed in the final EIR,- therefore, staff is recommending certification of the EIR and approval of the project.. Hearing opened at 8 :14 p.m. Daniel Niemann, Project Manager, Bakersfield Commons; Barry Hibbard, local developer; Richard Chapman, President, Kern Economic Development Corporation; Gail Malouf, President, Bakersfield Association of Realtors; Brooks Douglas, President, North of the River Chamber of Commerce; Jeff Affonso, Guinn Construction Company; Donna Carpenter, Development Consultant Servicers; Brook Antonioni, President and CEO, Transwest Security Services, Kyle Leslie, homeowner in the Quailwood neighborhood south of the project; and Kevin Burton, School Board Trustee, spoke in support of the staff recommendation. Hearing closed at 8:30 p.m. ACTION TAKEN Motion by Councilmember Couch to adopt the APPROVED Resolutions certifying the Environmental Impact Report AB BENHAM and approving the proposed General Plan Amendment and give first reading to the Ordinance; and incorporating a stipulation that The Commons will provide 500 square feet of office space for a Bakersfield Police substation, rent -free to the City for five years, and they will pay for a Police Service Technician for three years. Recess taken from 8:34 p.m. to 8:40 p.m. 1© 8 Bakersfield, California, August 11, 2010 - Page 16 13. REPORTS ACTION TAKEN None. 14. DEFERRED BUSINESS None, 15. NEW BUSINESS None. 16. COUNCIL AND MAYOR STATEMENTS Councilmember Couch asked staff to call him regarding an invoice from the Southern California Water Committee, and several other matters. Councilmember Couch thanked the City Council for their support this evening. Councilmember Carson asked Chief of Police Williamson to bring back a cost analysis for future dash cameras on Police cars. Councilmember Carson announced she would not be seeking re- election after 16 years serving on the Council and that she is endorsing Jerry Shipman; and she thanked the public for their support over the years. Mayor Hall commended the Recreation and Parks Department and the Water Resources Department for their outstanding effort in removing the many dead trees and unsightly appearance of the riverwalk along Truxtun Avenue. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 8:43 p.m. ATTEST: CITY CLERK and Ex Offici lerk of the Council of the City of Bakersfield