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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 1360 1361 Bakersfield, California, February 15, 2012 - Page 2 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 1362 1363 9 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. 1367 a 10 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 1368 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. 1369 Bakersfield, California, February 15, 2012 - Page 10 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. 1370 Bakersfield, California, February 15, 2012 - Page 11 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 1371 Bakersfield, California, February 15, 2012 — Page 12 * ** *THIS PAGE INTENTIONALLY LEFT BLANK * * **