HomeMy WebLinkAbout02/16/11 CC MINUTES1 1 34. C-X-
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 16, 2011
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 Couch,
Councilmembers Salas, Benham, Weir,
Hanson, Sullivan (seated at 5:16 p.m.),
Johnson
Absent: None
2. INVOCATION by Minister Gurujoda S. Khalsa, Guru
Ram Das Gudwara.
3. PLEDGE OF ALLEGIANCE by Hannah Judd, 4th grade
student at Ronald Reagan Elementary School.
Mayor Hall acknowledged the political science class from
Bakersfield College in attendance at the meeting to learn
about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Certificate of
Appreciation to Dena Smith acknowledging her
selection as the Yard of the Quarter recipient,
Ms. Smith accepted the Certificate of Appreciation as
well as a gift certificate from Reimer's Garden Center.
b. Presentation by Mayor Hall of a Proclamation to
a representative of the Military Order of the
Purple Heart, declaring February 19, 2011,
Bakersfield Military Ball Day in the City.
Leon Thomas accepted the Proclamation, made
comments, and introduced David Jackson, Chairman
of the Ball Committee, who presented a ticket for the
Military Ball to Mayor Hall, and extended an invitation
to the City Councilmembers to attend.
ACTION TAKEN
1 34.b.
Bakersfield, California, February 16, 2011 - Page 2
5. PUBLIC STATEMENTS ACTION TAKEN
a. Jimmy laccino spoke regarding a neighbor's
barking dog that has been ongoing for a year
without resolution by Animal Control.
Councilmember Sullivan referred this matter to staff.
b. Jayson Mixon spoke regarding the Bakersfield
Liberty Tree Dedication on Saturday, February
19111, at 10:00 a.m., next to the Veterans
Memorial, and invited everyone to attend.
C, Marvin Dean spoke regarding redevelopment
project funding action being taken later in
tonight's meeting.
6. WORKSHOPS
a. Review of retiree medical liabilities and annual
valuation report.
Assistant to the City Manager Teglia made staff
comments and introduced Mr. Tom Morrison.
Tom Morrison, Senior Vice President with The Segal
Company, made a PowerPoint presentation and
provided a handout,
Councilmember Weir asked staff to analyze the Segal
report and come back to the Council with a report or
memo regarding what the process might look like if
the Council was to explore the recommendations that
are included in Segal's report.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 2, 2011
Regular City Council Meeting,
Payments:
b, Approval of department payments from ABS WEIR
January 21, 2011 to February 3, 2011 in the
amount of $13,239,173.28 and self-insurance
payments from January 21, 2011 to February 3,
2011 in the amount of $94,725.58.
1134'.(-.
Bakersfield, California, February 16, 2011 - Page 3
8. CONSENT CALENDAR continued
Ordinances:
C. First Reading of Ordinance amending Section
17.10.040 of the Municipal Code (R-1 One-
Family Dwelling Zone) reducing the front yard
from 25 feet to 20 feet; and, Section 17.61.032
13.6. (Landscape Standards) adding language
related to landscaping along slopes.
Resolutions:
d. Resolution authorizing the transfer of unclaimed
money ($66,576.59) from the Escheat Trust
Account to the General Fund.
e. Resolution amending the official list of
designated speed zones, pursuant to Section
22357 and 22358 of the California Vehicle Code
and Chapter 10.24 of the Municipal Code.
Resolution confirming approval by the City
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.
Agreements:
g. Final Tract Map and Improvement Agreement
with Summit Venture Capital, LLC. (owner) and
John Balfanz Homes, Inc. (developer) fro Tract
6364 Phase 5 located west of Allen Road and
north of Reina Road.
h. Joint Use and Utility Agreement with Pacific Gas
and Electric Co. ($24,763) for utility pole
relocations on McCutchen Road between
Gosford Road and Ashe Road.
I. Settlement and Mutual Release Agreement
with Arch Insurance Co. ($105,000.53) to
facilitate completion of Pavement
L Rehabilitation 2009 Phase 2 Ashe Road: White
Lane to Ming Avenue Project.
ACTION TAKEN
FR
RES 010-11
RES 011-11
RES 012-11
AGR 11-013
AGR 11-014
AGR 11-015
AGR 11-016
11344~Bakersfield, California, February 16, 2011 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
Amendment No. 4 to Agreement No. WR06-035
with Live Oaks Associates, Inc. ($25,600; revised
not to exceed $70,885) to conduct years six
and seven of Buena Vista Lake Shrew Habitat
Monitoring for the Kern Fan Water Recharge
Area located in the City's 2800 Acre Facility.
k. Amendment No. 1 to Agreement No. 10-058
with Gilliam & Sons, Inc. ($525,000; revised not
to exceed $910,452) for earthmoving and
hauling.
Amendment No. 1 to Agreement No. 10-150
with Quad Knopf, Inc. ($24,746.50; revised not
to exceed $74,596.50) for additional
environmental services and site monitoring
during construction of the Kern River Upland
and River Edge Restoration Project.
M. Amendment No. 3 to Agreement No. 06-173
with Columbus Haven, LP (not to exceed
$2,181,630.59 ($255,000 - Community Housing
Development Organization funds and
$1,245,000 - Home Investment Partnership
funds)) for eligible construction costs of 56
affordable multi-family and emancipated foster
youth units located at 500 W. Columbus
Avenue.
n. Amendment No. 1 to Agreement No. 07-222
with HNTB Corp. ($957,057; revised not to
exceed $4,345,557) for engineering design
services for the Rosedale Highway Widening
Project.
Bids:
o. Riding Mulching Lawn Mowers for Recreation &
Parks Department;
1. Accept bid from Kern River Power
Equipment, Inc. ($77,335.97 ($51,081.01
for four replacement 60" lawn mowers -
$26,254.96 for two additional 72" lawn
mowers)).
AGR 11-017
AGR 10-058(1)
AGR 10-150(1)
AGR 06-173(3)
AGR 07-222(1)
1134.e-
Bakersfield, California, February 16, 2011 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8,o, continued
2. Appropriate $51,081 Equipment
Management Fund Balance to the
Equipment Division Operating Budget for
the replacement of four 60" lawn
mowers and appropriate $26,255 Capital
Outlay Fund Balance to the `equipment
Division Capital Budget for the purchase
of two additional 72" lawn mowers.
Miscellaneous:
P. Acceptance of Audit Reports for Fiscal Year
ended June 30, 2010:
Comprehensive Annual Financial Report
(CAFR).
2. Agreed Upon Conditions Report.
3. Single Audit Report - Schedule of
Federal Expenditures for the City.
4. Independent Auditor's Report -
Compliance with Contractual
Requirements relative to the Bakersfield
Subregional Wastewater Management
Plan,
5. Independent Auditor's Report on
Appropriations Limit Worksheet (GANN
Limit) of the City.
6. Independent Auditor's Report -
Rabobank Arena, Theater, Convention
Center, Bakersfield Ice Sports Center &
Brighthouse Networks Amphitheatre.
q. Grant of Easement to California Water Service DEED 7433
Co. for a pipeline at 500 19th Street (Central
Park).
Department of Housing and Urban
Development (HUD) Action Plan Amendment
No, 4 (FY 10/11) and Consolidated Plan 2010
Substantial Amendment for Neighborhood
Stabilization Program funds.
1 1 34. 1a
Bakersfield, California, February 16, 2011 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
Councilmember Weir announced he would abstain
due to conflict of interest, source of income to himself,
on item 8.b.
Motion by Vice-Mayor Couch to adopt Consent APPROVED
Calendar items 8.a. through 8.r.
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider Resolution ordering RES 013-11
the vacation of 13th Street from the east right-
of-way of P Street to the east right-of-way of the
Kern Island Canal; Q Street from the north right-
of-way of California Avenue to the south right-
of-way of 13th Street; and the east/west alley
located in Block 387, (Staff recommends adoption
of resolution.)
b. Public Hearing to consider Resolution to alter RES 014-11
Agricultural Preserve No. 1 to include 19.55
acres located north of Engle Road and west of
Stine Road and 237,27 acres located north of
Kratzmeyer Road and west of Santa Fe Way.
(Staff recommends adoption of resolution.)
C. Public Hearing to consider Resolution approving RES 015-11
the provision of assistance by the Bakersfield
Redevelopment Agency in accordance with
Health and Safety Code Section 33445 for the
installation of public improvements to the
Rabobank Arena and Convention Center and
the 18th and Eye Street Parking Structure. (Staff
recommends adoption of resolution.)
d. General Plan Amendment/Zone Change
No. 10-0479; Hendrick Engineering, representing
Mesa Marin, LLC (property owner) has applied
for a general plan amendment and zone
change on 19.45 acres generally located along
the north side of Kern Canyon Road (State
Highway 184) approximately 2,000 feet
southwest of the intersection of Kern Canyon
Road and State Highway 184. (Staff
recommends adoption of ordinance and give first
reading to ordinance.)
1134.g-
Bakersfield, California, February 16, 2011 - Page 7
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
Item 9.d, continued
Resolution approving the Negative RES 016-11
Declaration and adopting the general
plan amendment changing the land use
designation from LR (Low Density
Residential) to HMR (High Medium
Density Residential) on 19.45 acres.
2. First Reading of Ordinance approving FR
the Negative Declaration and amending
the Official Zoning Map in Title 17 of the
Municipal Code from R-1 (One Family
Dwelling) to R-2/PUD (Limited Multiple
Family Dwelling /Planned Unit
Development) on 19.45 acres.
e. General Plan Amendment/Zone Change
No. 10-0488; Scott Underhill, representing
Wible Investors II, LLC, et al (property owner)
has applied for a general plan amendment
and zone change on approximately 18 acres
generally located north of Taff Highway (State
Route 119) and west of Wible Road. (Staff
recommends adoption of ordinance and give first
reading to ordinance.)
Resolution approving the Negative RES 017-11
Declaration and adopting the general
plan amendment changing the land use
designation from LR (Low Density
Residential) to LMR (Low Medium Density
Residential) on approximately 8 acres,
OC (Office Commercial) on
approximately 6 acres and GC (General
Commercial) on approximately 4 acres.
2. First Reading of Ordinance approving FR
the Negative Declaration and amending
the Official Zoning Map in Title 17 of the
Municipal Code from R-1 (Single Family
Dwelling) to R-2 (Limited Multiple Family
Dwelling) on 7.81 acres, C-O
(Professional and Administration Office)
on 5.89 acres and C-2 (Regional
Commercial) on 3.64 acres.
Consent Calendar Public Hearings opened at
6:16 p.m.
3 4 A). Bakersfield, California, February 16, 2011 - Page 8
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
No one spoke
Consent Calendar Public Hearings closed at 6:16 p.m.
Motion by Vice-Mayor Couch to adopt Consent
Calendar Public Hearing items 9.a. through 9.e. APPROVED
10. DEFERRED BUSINESS
a, Resolution of Intention No. 1681 to order the
vacation of 27th Street between the east right-
of-way of Chester Avenue and the west right-
of-way of K Street and a portion of the north
south alley between 28th Street and 26th Street.
Deputy City Clerk Lawrence announced that
correspondence was received from Michael Daillak
removing his objection to the hospital's original
request.
Public Works Director Rojas made staff comments and
recommended adoption the Resolution of Intention.
Motion by Councilmember Benham to approve staff APPROVED
recommendation.
11. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
Motion by Vice-Mayor Couch to adjourn to Closed APPROVED
Session at 6:19 p.m.
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 7.18 p.m.
RECONVENED MEETING AT 7:28 p.m.
12. CLOSED SESSION ACTION
a. Conference with Labor Negotiator pursuant to NO REPORTABLE
Government Code Section 54957.6. ACTION
13. HEARINGS
None.
1134.1
Bakersfield, California, February 16, 2011 - Page 9
14. REPORTS ACTION TAKEN
a. Mid-Year Budget Adjustments:
Appropriate $750,000 Federal (FEMA)
disaster recovery revenue; appropriate
$187,500 State (Cal-EMA) disaster
recovery revenue; and, appropriate
$462,500 City Fund Balance to various
funds and departments to fund
unanticipated emergency response
costs and related repair work necessary
due to the Winter Storm December 2010
event (estimate costs of event total
$1,400,000).
2. Appropriate $1,000,000 PG&E Rebate
revenue and $1,600,000 Wastewater
Fund Balance to the Public Works
Operating Budgets within the
Wastewater Funds (Plants 2 & 3) to cover
increased plant operating costs.
3. Appropriate $160,000 Federal Grant
Revenue and $74,750 General Fund
Balance to the Fire Department
Operating Budget within the General
Fund to reconcile staffing reduction
actions taken earlier in the fiscal year,
4. Transfer $10,656 from Assessment District
No. 05-3 (Liberty it/Village Green/Tesoro-
Encanto/Lin/Rider/Diamond Ridge) to
Assessment District No. 05-1 (City in the
Hills) to correct a revenue coding error
made in a prior fiscal year,
Finance Director Smith gave the report, and
recommended approval of appropriations and
transfer of funds.
Motion by Vice-Mayor Couch to accept the Report APPROVED
and implement staff recommendations.
Councilmember Couch announced he would abstain
due to conflict of interest, potential source of income
to himself and his employer, on New Business items
15.a. through 15. f.; and he left the meeting.
}
4 Bakersfield, California, February 16, 2011 - Page 10
15. NEW BUSINESS
Redevelopment agenda items (New Business 15.a.
through 15J),
a. Mill Creek Sister City Gardens Phases I & II and
Mill Creek Plaza Mill House:
1, Resolution authorizing execution of
Agreement with Bakersfield
Redevelopment Agency for repayment
of costs incurred by the City associated
with certain Agency funded Capital
Improvements (Old Town Kern- Pioneer
Redevelopment Project Area).
2. Agreement with Bakersfield
Redevelopment Agency ($1,474,451)
(Old Town Kern-Pioneer Redevelopment
Project Area),
3. Appropriate $530,000 Old Town Kern
Redevelopment Fund Balance to the
Capital Improvement Budget within the
Old Town Kern Redevelopment
Operating Fund for the Mill Creek Sister
City Gardens Phases I & II and Mill Creek
Plaza Mill House.
b. South Millcreek Commercial Village:
Resolution authorizing execution of
Agreement with Bakersfield
Redevelopment Agency for repayment
of costs incurred by the City associated
with certain Agency funded Capital
Improvements (Southeast Bakersfield
Redevelopment Project Area),
2. Agreement with Bakersfield
Redevelopment Agency ($325,744)
(Southeast Bakersfield Redevelopment
Project Area).
3. Appropriate $325,744 Southeast
Redevelopment Fund Balance to the
Capital Improvement Budget within the
Southeast Redevelopment Operating
Fund for the South Millcreek.
ACTION TAKEN
RES 018-11
AGR 11-018
RES 019- 11
AGR 11-019
1134.1.
Bakersfield, California, February 16, 2011 - Page 11
15. NEW BUSINESS continued ACTION TAKEN
C. Bakersfield Redevelopment Agency Down
Payment Assistance Programs:
1. Resolution regarding the use of housing RES020-11
set aside monies (Parkview Cottages
Down Payment Assistance Program, Old
Town Kern-Pioneer Redevelopment
Project Area) outside the Downtown
Redevelopment Project Area.
2. Resolution regarding the use of housing RES 021-11
set aside monies (Creekview Villas Down
Payment Assistance Program, Southeast
Bakersfield Redevelopment Project
Area) outside the Downtown
Redevelopment Project Area.
3. Appropriate $225,000 Old Town Kern
Redevelopment Project Area Low-Mod
Fund Balance to the Operating Budget
within the Low-Mod Housing Fund for
Parkview Cottages Down Payment
Assistance Program.
4. Appropriate $245,000 Southeast
Redevelopment Project Area
Low-Mod Housing Fund Balance
to the Operating Budget within
the Low-Mod Fund for Creekview
Villas Down Payment Assistance
Program.
5. Appropriate $465,000 Downtown
Redevelopment Project Area
Low-Mod Fund Balance to the
Operating Budget within the Low-
Mod Housing Fund for Creekview
Villas Down Payment Assistance
Program.
d. Transfer $395,000 in bond proceeds from
property acquisition within the Capital
Improvement Budget in the Old Town Kern
Redevelopment Fund for 18th Street Water Main
and Line Extension Project in the vicinity of
Central Park.
1134.x:
Bakersfield, California, February 16, 2011 - Page 12
15. NEW BUSINESS continued ACTION TAKEN
e. Appropriate $469,256 Southeast
Redevelopment Fund Balance to the Capital
Improvement Budget within the Southeast
Redevelopment Operating Fund for South
Millcreek Street Improvements.
Rabobank Convention Center & Arena
Complex and ]8th & Eye Street Parking
Structure:
1. Appropriate $267,700 Downtown
Redevelopment Fund Balance to the
Capital Improvement Budget within the
RDA Downtown Operating Fund
regarding proposed capital
improvements and equipment
replacement at the Rabobank
Convention Center and Arena Complex.
2. Transfer $285,000 from the Operating
Budget to the Capital Improvement
Budget within the RDA Downtown
Operating Fund regarding proposed
capital improvements and equipment
replacement at the Rabobank
Convention Center and Arena Complex
and the 18th and Eye Street Parking
Structure.
3. Amendment No. 1 to Agreement AGR 10-114(1)
No. 10-114 with Leverage Information
Systems, Inc. ($35,526.62; revised not to
exceed $350,000) to expand the scope
of work to include the installation of four
video surveillance cameras at the 18th
and Eye Street Parking Structure.
Economic Development Director Kunz gave a
PowerPoint presentation and made staff comments
regarding New Business items 15.a. through 15.f. She
recommended adoption of resolutions and approval
of agreements and appropriations with regard to
items 15.a. and 15.b.; adoption of resolutions and
approval of appropriations with regard to item 15.c.;
approval of transfer with regard to item 15.d.;
approval of appropriation with regard to item 15.e.;
and approval of appropriation, transfer and
agreement with regard to item 15.f.
11 34am.
Bakersfield, California, February 16, 2011 - Page 13
15. NEW BUSINESS continued
ACTION TAKEN
Motion by Councilmember Hanson to adopt New APPROVED
Business items 15.a. through 15.f. ABS COUCH
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Hanson asked staff to report back to
Council as to when a decision might be reached and
what action the City might possibly consider regarding
the prevailing wage issue currently in the courts.
Councilmember Hanson referred to the Planning and
Development Committee the issue of reducing, on a
temporary basis, traffic impact fees.
Councilmember Hanson advised he had been
contacted by several constituents regarding the
increase in cable television rates and asked about the
feasibility of exploring other companies.
City Manager Tandy responded that the City used to
have a degree of rate control with respect to cable
television; however, that was removed by the Federal
Government a decade or more ago. He further
advised that the City has non-exclusive franchise
agreements, so others can come in and enter into a
non-exclusive franchise agreement and use our streets
and rights-of-way for the same purpose, but there is a
massive cost associated with installing their own cable
and disrupting all of the streets in order to bury that
cable; therefore, the alternate technologies (satellite,
telephone company, etc.) are probably realistic as
the only alternates that are very likely to appear here.
Councilmember Weir inquired about the status of a
referral he made a couple of months ago that was
similar to Councilmember Hanson's regarding traffic
impact fees.
City Manager Tandy responded it is actively being
researched and the response will be combined with
Councilmember Hanson's.
Councilmember Weir thanked Planning Director
Eggert, former Planning Director Movius, City Manager
Tandy and City Attorney Gennaro for being
instrumental in putting together the Northeast
Community Concept that was adopted under Consent
Calendar Item 8.c., and which he feels will do a
tremendous amount of good for development and
other opportunities that come into that area.
113 4 . Bakersfield, California, February 16, 2011 - Page 14
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Sullivan referred to the Legislative and
Litigation Committee the issue of where mobile food
providers can park to sell their merchandise.
Councilmember Sullivan asked staff to review the
matter of flower vendors on the street corners and
whether they need to have a license to sell the flowers
if they are in pots of water.
Councilmember Sullivan announced she stopped by
Hall Ambulance's 40-year anniversary celebration
and thought it was a very nice event.
Councilmember Sullivan commended the Board of
Supervisors for voting in favor of displaying our
National motto in their County chamber, and pointed
out that Kern is the first county in the Nation to display
the motto as well as having all of its cities displaying
the motto.
Councilmember Johnson asked staff to provide a
budget update, specifically a department-by-
department rundown of current revenues,
expenditures, expected expenditures, and
anticipated budget savings; and he would like that to
come back to Council at a workshop on March 3001.
Mayor Hall asked staff to check into how much money
it is costing the City every year to provide police
officers as witnesses for court proceedings and
suggested finding a way to work with the courts, the
District Attorney's Office and the Public Defender's
Office to decrease those costs; and he would like it
brought back at the same time as the workshop on
the budget update on March 30th.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:1
CITY CLERK and Ex Offj lb Clerk o1
the Council of the City of Bakersfield