HomeMy WebLinkAbout03/07/2012 CC MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 7, 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,
Consent Calendar Item 8.k. has been pulled from the
Agenda this evening.
2. INVOCATION by Pastor James Lair, Bakersfield First
Assembly Church.
3. PLEDGE OF ALLEGIANCE by Zachary Meier, 2nd grade
student at Old River Elementary School
Mayor Hall acknowledged the students from the Bakersfield
College Political Science class in attendance at the meeting
to learn about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Dawn Baumgarten, declaring March 7, 2012
Log Cabin Day.
Dawn and Steve Baumgarten accepted the
Proclamation, made comments and provided
flowers to the Mayor and City Council.
b. Presentation by Mayor Hall of a Proclamation to
Mark Wyatt, Principal of Bakersfield Adult
School, declaring March 12 - March 16, 2012
Adult Education Week.
Mr. Wyatt accepted the Proclamation and
made comments.
ACTION TAKEN
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Bakersfield, California, March 7, 2012 - Page 2
5. PUBLIC STATEMENTS ACTION TAKEN
a, Zachary Griffin and Jason Cater, with Bike
Bakersfield, spoke in support of the Bicycle
Transportation Master Plan.
6. WORKSHOPS
None.
7. APPOINTMENTS
a. One appointment to the Planning Commission
due to the expiration of term of David Strong,
whose term expired April 30, 2011,
City Clerk Gafford announced applications
were received from David Strong, Marvin Dean,
Elva Martinez, Bryan Lee Mathews, Jason Boone
Mathews, and Coby Vance.
Motion by Councilmember Solos to reappoint APPROVED
David Strong to a 4 -year term on the Planning
Commission, whose term expires on April 30,
2015.
b. One appointment to the Keep Bakersfield
Beautiful Committee, due to the resignation of
Elizabeth Rodacker (alternate), whose term was
to expire November, 2012.
City Clerk Gafford announced one application
was received from Amber Beeson.
Motion by Councilmember Benham to appoint
Amber Beeson as an alternate, to fill the APPROVED
unexpired term of Elizabeth Rodacker, whose
term expires November, 2012, on the Keep
Bakersfield Beautiful Committee.
C. Confirmation of Mayor's appointment of
members to the Oversight Board.
Mayor Hall nominated City Manager Alan
Tandy and Assistant to the City Manager Steven
Teglia.
Motion by Vice -Mayor Couch to confirm Mayor APPROVED
Hall's nominations of City Manager Tandy and
Assistant to the City Manager Teglia to the
Oversight Board.
Bakersfield, California, March 7, 2012 - Page 3
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 15, 2012
Regular City Council Meeting.
Payments:
b. Receive and file department payments from
February 3, 2012 to February 23, 2012 in the
amount of $14,213,797.77, and self - insurance
payments from February 3, 2012 to
February 23, 2012 in the amount of
$1,291,536.65, totaling $15,505,334.42.
Ordinances:
C. First Reading of Ordinance amending
Section 10.36.030 of the Municipal Code
relating to the Bus Zones.
d. First Reading of Ordinance amending Municipal
Code §1.12.040 and §1.12.060 by adding
Annexation No. 620 consisting of 50.29 acres
located along the north side of Rosedale
Highway, between Calloway Drive and
Verdugo Lane to Ward 4, and Annexation
No. 622 consisting of 0.18 acres located at
4724 Frazier Avenue to Ward 6.
e. Adoption of Ordinance approving a Negative
Declaration and amending the Official Zoning
Map in Title 17 of the Municipal Code by
changing the zone district from R -1 (One Family
Dwelling, 6,000 square foot minimum lot size) to
C -2 /PCD (Regional Commercial /Planned
Commercial Development) on approximately
20.47 acres, located at the northeast corner of
Panama Lane and Old River Road. (ZC # 11-
0383, Mary Beatie /TPG Consulting, representing
Daryl C. Nicholson and Victoria M. Nicholson
Trust) (FR 02115112)
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
FR
ORD 4661
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Bakersfield, California, March 7, 2012 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
Adoption of Ordinance approving a Negative ORD 4662
Declaration and amending the Official Zoning
Map in Title 17 of the 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) (FR 02115112)
Resolutions:
g. Resolution confirming approval by the City RES 021 -12
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 authorize
collection of the assessments by the Kern
County Tax Collector.
h, Resolutions approving application proposing
proceedings for annexation of uninhabited
territory to the City identified as:
1. Annexation No. 572 consisting of 98.34 RES 022 -12
acres, located along the east side of
Cottonwood Road, south of the Arvin -
Edison canal.
2. Annexation No. 628 consisting of 4.36 RES 023 -12
acres, located at the southeast corner
of Washington Street and Virginia
Avenue.
3. Annexation No. 632 consisting of 167.95 RES 024 -12
acres, located along the south side of
Seventh Standard Road, between the
Calloway Canal and Allen Road.
Resolution of Intention No. 1707 to order the REMOVED AND
vacation of Eye Street between 8th and 9th REFERRED TO STAFF
streets and attached alleys.
Bakersfield, California, March 7, 2012 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
Resolution of Intention No. 1708 to order the
vacation of a portion of street right -of -way on
Valley Falls Lane, and easements for
landscape, wall and utility areas on Berkshire
Road, in Tract 6359 -2.
Agreements:
r,
k. Agreement with William Avery & Associates, Inc.
(not to exceed $99,600, including expenses) for
labor negotiation and consulting services, for
two years.
Agreement with Golden Empire Football (Five
Year term) for maintenance of football facilities
located at State Farm Sports Village Complex
on the north side of Taft Highway, between
Ashe Road & Gosford Road.
M. Amendment No. 1 to Agreement No. 11 -032
with San Joaquin Fence & Supply ($200,000;
revised not to exceed $524,002, and extends
term 1 year) to continue the supply of installed
fencing.
n. Amendment No, 3 to Agreement No. 10 -063
with Pavement Recycling Systems, Inc.
($225,000; revised not to exceed $717,000, and
extends term 1 year), to the annual contract for
Cold Planing.
o, Contract Change Order No. 7 to Agreement
No. 10 -153 with Griffith Company ($12,090.22;
revised not to exceed $2,924,861.23) for the
street improvements on Gosford Road from Taft
Highway to McCutchen Road Project.
Bids:
P. Reject bids for police special motorcycles for
the Police Department.
q. Accept bid and approve contract with Bradley
& Sons, Inc. ($97,515), for construction of the
Wastewater Treatment Plant No. 2 Monitor Wells
Installation Phase 2 Project.
ROI 1708
REMOVED BY STAFF
AGR 12 -040
AGR 11- 0320)
AGR 10- 063(3)
AGR 10 -153
CC07
AGR 12 -041
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Bakersfield, California, March 7, 2012 - Page 6
8. CONSENT CALENDAR continued
ACTION TAKEN
Accept bid and approve contract with Stinson
Stationers, Inc. (not to exceed $260,000), for the AGR 12 -042
annual contract for office supplies.
S. Purchase of LNG refuse roll -off trucks for the
Solid Waste Division:
1, Accept bid from Golden State Peterbilt
($790,563.69) for four replacement
LNG refuse roll off trucks.
2. Reject bids for replacement of four diesel
refuse roll off trucks.
3. Appropriate $150,000 Rose Foundation
Grant to the Public Works Department's
Operating Budget within the Equipment
Management Fund to partially offset the
purchase cost of four replacement LNG
powered refuse roll off trucks.
Miscellaneous:
t. Appropriate $10,000 State Grant Revenues
(FY2011 -12 Minor Decoy and Shoulder Tap -
Mini Grant Program from the State Office of
Alcoholic Beverage Control) to the General
Fund Police Operating Budget, to fund
overtime for the BPD vice division to conduct
minor decoy and shoulder tap operations.
U. Appropriate and transfer $55,000 Facility
Reserve Fund Balance to the Public Works
Department's Capital Improvement budget
within the Capital Outlay Fund.
V. Bicycle Transportation Plan:
1. Appropriate $120,000 Rose Foundation
Grant to the Development Services
Operating Budget in the Capital Outlay
Fund.
W. Reclassification of Deputy City Clerk to
Administrative Assistant I.
City Clerk Gafford announced that staff has submitted
a memorandum regarding item 8.w., and
correspondence has been received requesting item
8.1. be removed from the Agenda for additional study.
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Bakersfield, California, March 7, 2012 - Page 7
8. CONSENT CALENDAR continued
ACTION TAKEN
Councilmember Benham asked that item 8.c. be
removed for separate consideration.
Motion by Vice -Mayor Couch to adopt Consent
Calendar items 8.a. through 8. w., with the removal for APPROVED
separate consideration of item 8.c., the deletion of
item 8.k., and the removal and referral to staff of
item 8.i.
C. First Reading of Ordinance amending FR
Section 10.36.030 of the Municipal Code
relating to the Bus Zones.
Councilmember Benham thanked the representatives
of the Independent Living Center of Kern County who
brought this matter to the City's attention, and
indicated that when they made their presentation to
the Legislative and Litigation Committee it was made
clear to Public Works staff of the need to continue to
work with their representatives to identify the bus stops
that are the highest priority for their constituents to
receive the help that is anticipated by this change in
the ordinance.
Motion by Councilmember Benham to give First APPROVED
Reading to the Ordinance.
9. CONSENT CALENDAR PUBLIC HEARINGS
None.
At the request of Councilmember Hanson, Hearings Item
12.a. was moved forward on the Agenda.
Vice -Mayor Couch announced he would abstain, due to
conflict of interest, potential source of income to himself and
his employer, on Hearings Item 12.a.; and he left the meeting.
Councilmember Johnson announced he would abstain, due
to conflict of interest, potential source of income to himself,
on Hearings Item 12.a.; and he left the meeting.
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Bakersfield, California, March 7, 2012 - Page 8
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. (Hearing continued from
meeting 2/15/12)
1. Resolution denying the appeal RES 025 -12
upholding the Board of Zoning
Adjustment's denial of the zoning
modification.
Planning Director Eggert made staff comments,
provided a PowerPoint presentation, and
recommended adoption of the Resolution.
Hearing opened at 5:43 p.m.
John Powell, homeowner, and John Hansen, project
engineer, spoke in opposition to the staff
recommendation and submitted conditions of
approval numbered 1 through 6.
Stacey Nichols, neighbor, spoke in support of the staff
recommendation.
John Powell and John Hansen spoke in opposition
rebuttal to the staff recommendation.
Hearing closed at 6:09 p.m.
In response to a question by Councilmember Hanson,
Planning Director Eggert recommended that
condition # 7 be added to the conditions of approval
if the modification is approved.
Motion by Councilmember Hanson that the appeal be
MOTION FAILED
NOES SALAS,
granted and a zoning modification be allowed with
BENHAM, WEIR
the conditions of approval as indicated.
ABS COUCH,
JOHNSON
Motion by Councilmember Benham to adopt the APPROVED
Resolution. ABS COUCH,
JOHNSON
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Bakersfield, California, March 7, 2012 - Page 9
Vice -Mayor Couch and Councilmember Johnson returned to ACTION TAKEN
the meeting.
10. CLOSED SESSION
a. Public Employee Performance Evaluation - City
Manager: Closed Session pursuant to
Government Code Section 54957(b);(1)/54957.6.
,f
Mayor Hall adjourned to Closed Session at 6:30 p.m.
Motion by Councilmember Weir to adjourn from Closed APPROVED
Session at 7.57 p.m.
RECONVENED MEETING AT 8:00 p.m.
11. CLOSED SESSION ACTION
FAVORABLE REVIEW
a. Public Employee Performance Evaluation - City WITH NO INCREASE
Manager; Closed Session pursuant to IN BENEFITS
Government Code Section 54957(b)(1)/54957.6.
13. SUCCESSOR AGENCY BUSINESS
a. Receive and file Successor Agency payments
from February 1, 2012 to February 23, 2012 in
the amount of $450,283.44.
Motion by Vice -Mayor Couch to receive and file. APPROVED
b. Resolution determining that the City as the RES SA001 -12
Successor Agency to the dissolved Bakersfield
Redevelopment Agency shall take full
responsibility and control of the Millcreek
Qualified Infill Area Grant with the State of
California's Housing and Community
Development Department.
Economic Development Director Kunz made staff
comments and recommended adoption of the
Resolution.
Mayor Hall requested staff provide a memo with a
complete update of the International Walk for Mill
Creek for the Sister City Project, including associated
timelines for anticipated completion.
Motion by Vice -Mayor Couch to adopt the Resolution. APPROVED
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13.
14.
15.
16.
Bakersfield, California, March 7, 2012 - Page 10
SUCCESSOR AGENCY BUSINESS continued ACTION TAKEN
C. Resolution determining that the City as the SHA001 -12
Successor Housing Agency to the dissolved
Bakersfield Redevelopment Agency shall take
full responsibility and control of the Creekview
Villas Down Payment Program.
Economic Development Director Kunz made staff
comments and recommended adoption of the
Resolution.
Motion by Vice -Mayor Couch to adopt the Resolution. APPROVED
REPORTS
None,
DEFERRED BUSINESS
None,
NEW BUSINESS
a. Resolution granting a three percent (3 %) bid RES 026 -12
preference to local vendors within the City
limits.
City Clerk Gafford announced that correspondence
was received from Kern Minority Contractors
Association and Haddad Dodge in support of the
Resolution.
Finance Director Smith made staff comments and
recommended adoption of the Resolution.
Councilmember Hanson asked that staff return in a
year with a report on the impact of the new vendor
preference Resolution, which would include the
difference between the 1 % and 3% preference and
the cost to the taxpayers.
Councilmember Salas asked that staff include in its
report the local direct and indirect impacts to the City
finances.
Motion by Councilmember Johnson to adopt the APPROVED
Resolution.
Bakersfield, California, March 7, 2012 - Page 11
17. COUNCIL AND MAYOR STATEMENTS
Councilmember Salas asked staff to check on a light
at Monitor and Berkshire.
Councilmember Salas thanked Fire Chief Greener for
looking into the fire booth for a nonprofit that is trying
to get some funds.
Councilmember Salas asked staff to respond to graffiti
issues at the following locations: St. John's Church;
walls on Panama Lane between Betty and Union
Avenue, and walls on the north and west side across
from Golden Valley High School.
Councilmember Salas asked that trees be trimmed,
possibly as part of the Great American Cleanup event,
along the east corner of Union Avenue, just north of
Panama Lane.
Councilmember Sullivan expressed her concern about
the overpopulation of unwanted and stray pets, and
asked staff to check into partnering with the County to
offer reduced fees for spaying and neutering services
more often.
18. ADJOURNMENT
Mayor Hall adjoui
ATTEST:
MAYOR of the City of Bakersfield,
CITY CLERK and Ex Offi o lerk of
the Council of the City of Bakersfield
ACTION TAKEN
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