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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 1372 1373 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 1374 1375 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 1376 1377 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. 1378 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. 1379 12 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 11 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 1380 138 .1 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 1382 1383 Bakersfield, California, March 7, 2012 — Page 12 * ** *THIS PAGE INTENTTANALLY LEFT BLANK * * **