HomeMy WebLinkAbout02/15/12 CC MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 15, 2012
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, Johnson
Absent: None
City Clerk Gafford announced that, at the request of staff,
Hearing Item 12.a. will not be heard this evening and will be
continued to the meeting of March 7, 2012,
Mayor Hall announced that no testimony will be taken this
evening on Hearing Item 12.a.
2. INVOCATION by Pastor James Ranger, New Life
Center Church.
3. PLEDGE OF ALLEGIANCE by Grace Bentley, 3rd grade
student at Veterans Elementary School.
Mayor Hall acknowledged the students from the Ridgeview
High School Government class and the Bakersfield College
Government class in attendance at the meeting to learn
about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Certificate of
Recognition to Emily Aldritt for raising money for
the Bakersfield Homeless Center, and
presentation of the funds to Louis Gill of the
Bakersfield Homeless Center.
Emily accepted the Certificate and made
comments; Mr. Gill accepted the funds on
behalf of the Bakersfield Homeless Center
and made comments.
ACTION TAKEN
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4. PRESENTATIONS continued ACTION TAKEN
Item 4.c, continued
b. Presentation by Mayor Hall of a Proclamation to
Patrick and Silver Farr, dedicating February 15,
2012, in memory of Army Specialist Clay Patrick
Farr.
Mr. and Mrs. Farr accepted the Proclamation
and made comments.
C. Presentation by Mayor Hall of a Proclamation
declaring Bakersfield a Purple Heart City to
Military Order of the Purple Heart, Chapter 604,
Commander E. Leon Thomas.
Commander David Jackson accepted the
Proclamation, made comments, and presented
Mayor Hall with a prototype of the signage for
the City, which cost will be absorbed by the
Military Order of the Purple Heart.
5. PUBLIC STATEMENTS
a. Pamela Azevedo thanked the Police
Department and the City Council for their help
with making her neighborhood safer.
b. Yolanda Covian spoke regarding foster youth
transition housing, and submitted written
material.
6. WORKSHOPS
None.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 1, 2012
Regular City Council Meeting.
Bakersfield, California, February 15, 2012 — Page 3
8. CONSENT CALENDAR continued
Payments:
b. Receive and file department payments from
January 20, 2012, to February 2, 2012, in the
amount of $12,692,322.53, and self- insurance
payments from January 20, 2012, to February 2,
2012, in the amount of $395,856.21, totaling
$13,088,178.74.
Ordinances:
C. First Reading of Ordinance approving a
Negative Declaration and amending the
Official Zoning Map in Title 17 of the Bakersfield
Municipal Code by changing the zone district
from County A (Exclusive Agriculture) to City A
(Agriculture) and E (Estate) on approximately
140.57 acres located south of Reina Road,
between Santa Fe Way and Renfro Road.
(ZC# 11 -0395 -Bryan Batey representing Batey
Family Trust & James Bryan Batey).
Resolutions:
d. Sewer connection and construction fee
assessments:
1. Resolution confirming assessments for
sewer connection and construction fees
and authorizing collection of
assessments by the Kern County Tax
Collector.
2. Agreements with the following property
owners to pay sewer connection and
construction fees in installments through
the Kern County Tax Collector:
a. Bernardo S. Ramirez & Leticia M.
Villegas, 100 Dunlap Street.
b. Alfredo Carrillo & Erika Carrillo,
1 Dunlap Street.
Agreements:
e. Agreement with Humberto Fernandez and
Maria Fernandez to purchase 6330 Coffee
Road ($255,000) for the Coffee Road Widening
Project.
ACTION TAKEN
FR
RES 018 -12
AGR 12 -033
AGR 12 -034
AGR 12 -035
DEED 7515
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Bakersfield, California, February 15, 2012 - Page 4
CONSENT CALENDAR continued
Cooperative Agreement with the State of
California Department of Transportation
(Caltrans) for widening of State Route 178.
(TRIP)
g. Relinquishment Agreement with the State of
California Department of Transportation
(Caltrans) to relinquish State Route 58 (Rosedale
Highway), in advance of construction of the
Rosedale Highway Widening Project. (TRIP)
h. Mitigation of Public Facility Impacts (pending
Annexation No. 500):
Agreement with the County of Kern and
Wal -Mart Real Estate Business Trust for
construction of public facility
improvements on Olive Drive and State
Route 99.
2. Appropriate $3,000,000 Developer share
of project cost (which will be remitted to
the County) to the Public Works
Department's Capital Improvement
Budget within the Transportation
Development Fund,
Amendment No. 2 to Agreement No. 09 -162
with Bakersfield Homeless Center ($159,744 and
extends term one year) for the sorting of green
waste material at the Mt. Vernon Green Waste
Facility.
Amendment No. 2 to Agreement No. 07 -338
with PB Americas, Inc. ($263,575; revised not to
exceed $3,209,104), for engineering and
environmental services for the State Route 178
Widening Project, (TRIP)
Contract Change Order Nos. 1 and 7 to
Agreement No. 11 -011 with MGE Underground,
Inc. ($11,665.62; revised not to exceed
$4,71 5,065.65), for construction of the Westside
Parkway Phase 6A Project. (TRIP)
ACTION TAKEN
AGR 12 -036
AGR 12 -037
AGR 12 -038
AGR 09- 162(2)
AGR 07- 338(2)
AGR 11 -011
CCO 1, CC07
Bakersfield, California, February 15, 2012 - Page 5 1364
S. CONSENT CALENDAR continued ACTION TAKEN
Bids:
Accept bid from Kovatch Mobile Equipment
($523,534.50) for one replacement Fire engine
for the Fire Department.
M. Accept bid from Cyber Computers, Inc,
($128,075.88), for 170 replacement Lenovo
Thinkcentre desktop computers for the
Information Technology Division.
n. Campus Park South Sump Remediation Project:
Accept bid and approve contract to AGR 12 -039
Griffith Company ($952,194) for the
project.
2. Appropriate $1,100,000 Sewer Enterprise
Fund Balance (Wastewater Treatment
Plant No. 3) to the Public Works
Department's Capital Improvement
Budget.
Miscellaneous:
o. Acceptance of Audit Reports for Fiscal Year
ended June 30, 2011:
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 &
Bright House Networks Amphitheatre.
- 1365 Bakersfield, California, February 15, 2012 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
P, Appropriate $56,485 Federal Grant funds from
the USDA Forest Service and $51,183 State
Grant funds from the California Emergency
Management Agency to the Fire Department
Operating budget within the General Fund for
reimbursement of personnel costs on state -wide
master mutual aid assignments.
q. Keep Bakersfield Beautiful (KBB):
Accept $3,600 California State Park
Foundation grant awarded to KBB to
plant trees on Hageman Road within the
Riverlakes area as part of the 2012 Great
American Clean -up.
2. Appropriate $3,600 State grant to the
Public Works Department's Operating
Budget within the Refuse Fund to plant
trees.
Department of Housing & Urban Development
(HUD) Action Plan Amendment No. 7 (FYI 0/11)
& Consolidated Plan 2010 Substantial
Amendment for Neighborhood Stabilization
Program funds.
Motion by Vice -Mayor Couch to adopt Consent APPROVED
Calendar items 8.a. through 8.r.
9. CONSENT CALENDAR PUBLIC HEARINGS
City Clerk Gafford announced that, regarding
Consent Calendar Public Hearings Item 9.a.,
correspondence has been received from Derrel
Ridenour of Derrel's Mini Storage requesting applicant
complete the entire perimeter in the first phase of
construction.
a. General Plan Amendment /Zone Change
No. 11 -0383; Mary Beatie /TPG Consulting,
representing Daryl C. Nicholson and Victoria M.
Nicholson Trust, (property owners) has applied
for a general plan amendment and zone
change on 20.47 acres generally located at the
northeast corner of Panama Lane and Old
River Road. (Staff recommends adoption of
Resolution and give First Reading to Ordinance.)
Bakersfield, California, February 15, 2012 - Page 7 1366
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
Item 9.a. continued
1. Resolution approving the Negative RES 019 -12
Declaration and adopting the general
plan amendment changing the land use
designation from LR (Low Density
Residential) to GC (General
Commercial) on approximately 20.47
acres.
2. First Reading of Ordinance approving FR
the Negative Declaration, amending
the Official Zoning Map in Title 17 of the
Municipal Code and amending Zoning
Map from R -1 (One Family Dwelling, 6000
square foot minimum lot size) to C -2 /PCD
(Regional Commercial /Planned
Commercial Development) on
approximately 20.47 acres.
b. General Plan Amendment No. 11 -0386; the City
is proposing an amendment to the
Metropolitan Bakersfield General Plan
Circulation Element /Map at Knudsen Drive and
Landco Drive located generally west of State
Route 99 and south of Olive Drive. (Staff
recommends adoption of Resolution and approving
the proposed General Plan Amendment.)
1. Resolution approving the Negative RES020 -12
Declaration and adopting the general
plan amendment to reclassify Landco
Drive from a collector to a local road
and Knudsen Drive from a local road to
a collector between Hageman Road
and Olive Drive, and realign Landco
Drive south of Hageman Road to
connect to Knudsen Drive.
C. Public Hearing to consider the proposed
expenditure plan for the 2010 -2012
Supplemental Law Enforcement Services
Funding (S.L.E.S.F.). (Staff recommends approval
of the proposed expenditures and appropriations.)
1. Appropriate $374,982 State Grant
revenues to the Police Operating Budget
within the S.L.E.S.F. Fund.
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Bakersfield, California, February 15, 2012 - Page 8
CONSENT CALENDAR PUBLIC HEARINGS continued
Consent Calendar Public Hearings opened at
5;37 p.m.
No one spoke,
Consent Calendar Public Hearings closed at
5;37 p.m.
Motion by Vice -Mayor Couch to adopt Consent
Calendar Public Hearings items 9.a. through 9.c.
CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
subdivision (a) of Government Code
Section 54956.9 regarding Darren Halley v. City,
KCSC Case No. S- 1500 -CV- 264464 DRL
b. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
Motion by Vice -Mayor Couch to adjourn to Closed
Session at 5:38 p.m.
Motion by Councilmember Weir to adjourn from
Closed Session at 7:05 p.m.
RECONVENED MEETING AT 7:06 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 Darren Halley v. City,
KCSC Case No. S- 1500 -CV- 264464 DRL
b. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
ACTION TAKEN
APPROVED
CITY ATTORNEY WAS
GIVEN DIRECTION
STAFF WAS GIVEN
DIRECTION
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Bakersfield, California, February 15, 2012 - Page 9
12. HEARINGS ACTION TAKEN
a. Public Hearing to consider Resolution denying
the appeal by JH Hansen Engineering
representing John Powell, Jr., of the Board of
Zoning Adjustment's denial of a zoning
modification (File No. 11 -0436) to permit two
buildings totaling approximately 392 square
feet within the required front yard area in an
R -1 8.5k zone district (One Family Dwelling -
8,500 square foot lot minimum) located at 309
Sonoma Vine Court.
Staff recommends adoption of Resolution.
City Clerk Gafford reiterated her previous
announcement that staff has requested Hearing Item
12.a, be continued to March 7, 2012; and she advised
that correspondence has been received from Paige
Bianchi, Mark Bond, and Robert and Stacy Nichols in
support of staff's recommendation.
Motion by Councilmember Hanson to continue the
Public Hearing on Item 12.a. to the Council Meeting APPROVED
scheduled for March 7, 2012, to allow him to meet with ABS COUCH
staff and the appellant, since Vice -Mayor Couch has
a conflict.
13. SUCCESSOR AGENCY BUSINESS
a. Receive and file minutes of the January 30,
2012 Special Redevelopment Agency Meeting.
Motion by Vice -Mayor Couch to receive and file the
minutes. APPROVED
b. Adoption of Successor Agency Schedules:
1. Adoption of the Amended Enforceable
Obligation Payment Schedule (EOPS).
2. Adoption of the Draft Recognized
Obligation Payment Schedule (BOPS).
City Clerk Gafford announced correspondence has
been received from staff providing corrections to the
schedules.
Finance Director Smith made staff comments and
recommended adoption of the schedules.
Motion by Vice -Mayor Couch to adopt the payment APPROVED
schedules.
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14. REPORTS ACTION TAKEN
None.
15. DEFERRED BUSINESS
None.
16. NEW BUSINESS
None.
17. COUNCIL AND MAYOR STATEMENTS
In response to a question by Councilmember Johnson,
City Manager Tandy advised that the City Council
should have a response to a referral regarding the
Successor Agency in their boxes by Friday.
Councilmember Solos asked staff to take another look
at the light on eastbound Panama Lane and
northbound Union Avenue because he received a call
that it still was not working correctly, and suggested
that perhaps it might be a sensor problem.
Councilmember Salas thanked Economic
Development Director Kunz for her help with the empty
lot on East California Avenue, and that the property
owner is very willing to assist and do something
positive for the neighborhood; and he thanked his
online chat supporters.
Vice -Mayor Couch asked staff to contact whoever
administers the SKIP Program that has been discussed
at the Housing Incentive Task Force meetings, and
invite them to a meeting or arrange for them to meet
informally, and to also invite some people from the
building community.
Councilmember Hanson announced he was pleased
to hear that Mayor Hall has decided to run for
reelection.
Mayor Hall advised that several weeks ago he had the
opportunity to participate in a special event at the
Women's Club and was pleased to learn about the
work that Councilmember Benham did to achieve
new sidewalks and new trees for the west side of the
Women's Club building.
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17. COUNCIL AND MAYOR STATEMENTS continued
Mayor Hall recognized the efforts of Vice -Mayor
Couch's family for having, once again, adopted a
highway portion along the bike path.
Mayor Hall announced that there was a very
successful freeway cleanup program last Saturday
where 47 volunteers picked up 150 bags of trash; he
expressed his appreciation to the Kern County
Probation Department and the Volunteer Center for
their participation in the litter pickups; and he
announced that the next freeway cleanup will be
Saturday, February 25th.
18. ADJOURNMENT
Mayor Hall adjc
ATTEST:
ACTION TAKEN
CITY CLERK and Ex Off i Clerk of
the Council of the City of Bakersfield
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Bakersfield, California, February 15, 2012 — Page 12
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