Loading...
HomeMy WebLinkAbout11/14/12 CC MINUTESBAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 14, 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, Hanson, Sullivan, Johnson Absent: Councilmember Weir a. Introduction of student body representatives participating in the 581h consecutive Teen City Government Day. it Edwin Ortiz, Foothill High School; Jennifer Hong, Stockdale High School; Taylor Winter (absent), Liberty High School; Karlee Rodriguez Juarez (absent), North High School; Amanpreet Sarai, Ridgeview High School; Renae Lewis (absent), West High School; Esperanza Gutierrez, Mira Monte High School; Ying Wu, Independence High School; Chloe Carlson, Centennial High School; Keely Palla, Garces Memorial High School; Matt Adams, Frontier High School; Gabriella Tkac (absent), Bakersfield Christian High School; and Ashly Mohankumar, Highland High School. 2. INVOCATION by Pastor Valarie Carlson, Emanuel Lutheran Church. 3. PLEDGE OF ALLEGIANCE by Evan Negrete, 1 st grade student at Colonel Nichols Elementary School. Mayor Hall acknowledged the students from the Bakersfield College Political Science class and from the Ridgeview High School Government class in attendance at the meeting to learn about City government. ACTION TAKEN 1534 1 535 Bakersfield, California, November 14, 2012 - Page 2 Mayor Hall acknowledged probationary police officer ACTION TAKEN Michael Crowe in the audience this evening, whom had suffered a serious off -duty accident and has spent considerable time in rehabilitation for the impacts of his injury, and he commended Mr. Crowe on his efforts and wished him the best of luck as he resumes his status with the Bakersfield Police Department. 4. PRESENTATIONS None. 5. PUBLIC STATEMENTS a. Rick Moore, producer and director of the upcoming Glorious Christmas musical presentation at Canyon Hills Church, invited the Mayor and Council to attend any of the performances beginning Friday, December 14, through Sunday, December 16. b. Kathleen Ellis Faulkner spoke in support of High Speed Rail. C. Joseph Curiel and Tim Palmquist spoke in support of a proposed human life ordinance. d. Jeremy Wright spoke in support of renaming Hayes Street to Toliver, and thanked Mayor, Council and staff for helping build community support for this endeavor. e. Ryan Nance spoke in opposition to the prevailing wage resolution adopted at the last City Council meeting. 6. WORKSHOPS None. 7. APPOINTMENTS None. 1536 Bakersfield, California, November 14, 2012 - Page 3 8. CONSENT CALENDAR ACTION TAKEN Minutes: a. Approval of minutes of the October 17, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from October 5, 2012 to October 29, 2012 in the amount of $1 9,765,083.12 and self- insurance payments from October 5, 2012 to October 29, 2012 in the amount of $367,137.53 totaling $20,132,220.65. Ordinances: C. First Reading of the following Ordinances amending various sections of the Municipal Code: 1. Section 2.04.070 relating to City Council FR Meeting Order of Business. 2. Section 3.20.090(G) relating to formal FR contract procedures. 3. Section 5.08.080 relating to expiration of FR alarm system permit. 4. Section 5.08.160 relating to alarm permit FR appeals. 5. Section 5.08.190 relating to violation of FR alarm regulations. FR 6. Section 5.32.060(A) relating to application for massage establishment and practitioner permit. 7. Section 10.44.060 relating to truck routes. FR 8. Section 12.20.020(6) relating to FR revocation of encroachment permits. 9. Section 13.12.030 relating to FR development improvement standards and specifications. 10. Section 15.74.190(A) relating to flood FR damage exemption and appeal procedures. FR 11. Section 15.78,090(C) relating to Metropolitan Bakersfield Habitat Conservation plan mitigation program violation /penalty. 12. Section 15.80.040 relating to limitation as FR to minor land division. 1537 9 Bakersfield, California, November 14, 2012 - Page 4 CONSENT CALENDAR continued Item 8,c, continued 13. Section 15.84.055 relating to reduction or waiver of transportation impact fee for low- income housing projects. 14. Section 16.12.030(C) relating to lot line adjustments. 15. Section 16.12.050 relating to limitation as to minor land division. 16. Section 16.12.075 relating to approval of maps conditioned on indemnification of City. 17, Section 16.16.080(E) relating to extension of map approval. 18. Section 16.20.060(A)(3)(e) relating to statements of parties having record title interest in drill site parcels. 19. Section 16.32.060(E) relating to fees for sewer facilities. 20. Section 17.04.305 relating to garage or yard sale. 21. Section 17.08.210 relating to approval of development entitlement conditioned on indemnification of City. 22. Section 17.60.020(6) relating to permits for signs. 23. Section 19.04.050 relating to vehicle parking at airports. 24. Sections of the Municipal Code which reference Development Services Director. 25. Sections of the Municipal Code which reference Uniform Building Code. Resolutions: d. Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and Department Budget Presentations for January through December 2013. e. 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 secured against entry or for the abatement of certain weeds, debris and waster matter and authorizing collection of the assessments by the Kern County Tax Collector. ACTION TAKEN FR FR FR FR FR FR FR FR FR FR FR FR FR RES 123 -12 RES 124 -12 Bakersfield, California, November 14, 2012 - Page 5 8. CONSENT CALENDAR continued f. Sewer connection and construction fee assessments for 7808 Hooper Avenue; 1. Resolution confirming assessments for sewer connection fee and construction fee and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Ronald S. & Rebecca L. Edwards, to pay sewer connection and construction fees in installments through the Kern County Tax Collector and notice of special assessment lien. g. Resolutions adding the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Reports for and authorizing collection of assessments by the Kern County Tax Collector. 1. Area 2 -51 (7301 District Boulevard) 2. Area 2 -52 (5551 District Boulevard) h. Resolution of Intention No. 1730 adding territory, Area 5 -65 (700 Planz Road) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Work's Director's Report. I. Resolution of Intention No. 1721 to accept dedication of right of way for Hosking Avenue at the Northeast corner of Hosking Avenue and Stine Road. Agreements: j. Disposition and Development Agreement with the Housing Authority of the County of Kern for Baker Street Village Phase ll, ($3,600,695) for the development of 40 units of affordable multiple - family apartments at 1014 Baker Street and the rehabilitation of the Cornet Building and vacant lot at 1006 Baker Street, k. Agreement with Alliance Against Family Violence and Sexual Assault ($21,667 Emergency Shelter Grant Funds) to support the operating costs to continue services located at 1600 East Truxtun Avenue. ACTION TAKEN RES 125 -12 AGR 12 -137 RES 126 -12 RES 127 -12 ROI 1730 ROI 1721 AGR 12 -138 ABS JOHNSON AGR 12 -139 1538 153` Bakersfield, California, November 14, 2012 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN Agreement with Bethany Services /Bakersfield Homeless Center ($68,000 Emergency Shelter Grant Funds) to support the operating costs for facility located at 1600 East Truxtun Avenue. M. Agreement with Bakersfield Rescue Mission ($68,000 Emergency Shelter Grant Funds) to support the operating costs for the facility located at 816 E. 21 st Street. n. Agreement with Universal Background Screening (not to exceed $10,000) for pre - employment services. o. Agreement with Canyon Hills Assembly of God Church ($21,000) to purchase real property located at the northwest corner of Morning Drive and State Route 178 for the Morning Drive Interchange Project. (TRIP) P. Agreement with Promotora Jardines Del Eden Corporation ($112,800) to purchase real property located at the northwest corner of Morning Drive and State Route 178 for the Morning Drive Interchange Project. (TRIP) q. Cooperative Agreement with State of California Department of Transportation (Caltrans) for construction of the State Route 58 GAP Closure Project. (TRIP) Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract 6448 Unit 9 located south of Stockdale Highway and west of Renfro Road. S. Amendment No. 1 to Agreement No. 11 -146 with IPC USA ($2,750,000; revised not to exceed $5,500,000 and extends term one year), to continue the supply of full -load gasoline and diesel fuel. Amendment No. 1 to Agreement No. 11 -147 with Valley Pacific Petroleum Services, Inc. ($1,250,000; revised not to exceed $2,500,000 and extends term one year), to continue the supply of partial -load gasoline and diesel fuel. AGR 12 -140 AGR 12 -141 AGR 12 -142 AGR 12 -143 DEED 7562 AGR 12 -144 DEED 7563 AGR 12 -145 AGR 12 -146 AGR 11- 146(1) AGR I1- 147(1) Bakersfield, California, November 14, 2012 - Page 7 8. CONSENT CALENDAR continued U. Amendment No. 1 to Agreements with the following property owners to pay sewer connection and construction fees in installments through the Kern County Tax Collector: 1. Agreement No. 12 -001 - William J. & Ann Kinnett, 7705 Hooper Ave. 2. Agreement No. 12 -002 - Ray W. & Quandala Graham, 7908 Kimberly Ave. 3. Agreement No. 12 -005 - Milton J. & Marilyn C. Webster, 7712 Kimberly Ave. 4. Agreement No. 12 -006 - Franklin W. & Dorothy E. Allen, 7913 Hooper Ave. 5. Agreement No. 12 -007 - Richard D. & Judith I. Baize, 7600 Hooper Ave. 6. Agreement No. 12 -008 - Robert E. & Carolyn. Balch, 7709 Kimberly Ave. 7. Agreement No. 12 -009 - Roy & Marilyn A. Garcia, 7804 Kimberly Ave. 8. Agreement No. 12 -010 - Michael D. & Genita K. Holman, 7608 Kimberly Ave. 9. Agreement No. 12 -011 - Andrew & Delphine R. Lopez, 7801 Kimberly Ave. 10. Agreement No. 12 -012 - David E. & Michelle D. Reed, 7605 Kimberly Ave. V. Contract Change Order No. 62 to Agreement No. 09 -076 with Security Paving Company, Inc. ($150,526.11; revised not to exceed $87,709,456.65; change order funded with traffic impact fees), for the construction of the Westside Parkway Phase 2 Project. (TRIP) W. Contract Change Order No. 1 to Agreement No. 12 -109 with Bowman Asphalt Inc. ($48,808; revised not to exceed $461,220), for the Hosking Avenue and Wible Road Street Improvements Project. X. Contract Change Order Nos. 1 and 2 to Agreement No. 12 -099 with Security Paving Company ($56,722.77; revised not to exceed $1,152,767. 10) for the Pavement Rehabilitation 2012 Phase 2: Panama Lane from State Route 99 to South H Street. ACTION TAKEN AGR 12- 001(1) AGR 12- 002(1) AGR 12- 005(1) AGR 12- 006(1) AGR 12- 007(1) AGR 12- 008(1) AGR 12- 009(1) AGR 12- 010(1) AGR 12- 011(1) AGR 12- 012(1) AGR 09 -076 CCO62 AGR 12 -109 CCOi AGR 12 -099 CCO 1, CCO2 1540 1 5 4 1. 8. Bakersfield, California, November 14, 2012 - Page 8 CONSENT CALENDAR continued ACTION TAKEN Bids: Y. Reject bids for the annual contract to supply fire resistant clothing to the General Services Division. Z. Reject bids for contract for construction of HUD funded curb and gutter for Alta Vista and East California areas. aa. Reject bids for contract to supply HUD funded street materials. bb, Accept bid from Cyber Computers, Inc. ($104,296.25), for one hundred replacement Lenovo desktop computers for the Information Technology Division. CC. Accept bid and Additive Alternate No. 1 and AGR 12 -147 approve contract with CTG Construction, Inc. ($56,800), for painting at various Fire Stations. dd. Accept base bid and Additive Alternate Nos. 1 AGR 12 -148 and 2 and approve contract with U.S. National Corp. ($55,200), for painting and window repair at Fire Station No. 1, HUD funded. ee. Accept bid and approve contract with Loop AGR 12 -149 Electric, Inc. ($79,680), for the Traffic Signal Interconnect - Part 9 Project. ff. Accept bid and approve contract with Loop AGR 12 -150 Electric, Inc. ($152,275), for the Traffic Signal Interconnect - Part 10 Project. gg. Annual Contract for Refuse and Recycling Carts: Accept bid and approve contract to AGR 12 -151 Toter LLC ($3,487,662.75), for supply of refuse and recycling carts. 2. Appropriate $1,500,000 Refuse Fund balance to the Capital Outlay budget within the Refuse Fund for the purchase of recycling carts associated with universal curbside program. 1542 Bakersfield, California, November 14, 2012 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN Miscellaneous: hh. Appropriate $60,000 Federal Grant Revenues (FY 2012 -13 Sobriety Checkpoint Mini -Grant Award from the State Office of Traffic Safety) to the General Fund Police Operating budget, to fund overtime for DUI checkpoints in the Traffic Division. Appropriate $395,000 Landfill Closure Fund balance to the Public Works Department's Capital Improvement budget for costs associated with the Landfill Closure Project, jj, Department of Housing & Urban Development (HUD) Action Plan Amendment No. 7 (FY 06/07), Amendment No. 15 (FY 08/09), Amendment No, 8 (FY 10/ 11), and Amendment No. 2 (FY 12/13). kk. Acceptance of 2010 -11 Transportation Development Act Funds Financial Statements. Successor Agency Business: Receive and file successor agency payments from October 5, 2012 to October 29, 2012 in the amount of $307,531.85. Councilmember Johnson announced he would abstain due to conflict of interest, source of income, on item 8.j. Motion by Vice -Mayor Couch to adopt Consent APPROVED Calendar items 8.a. through 8.11. AB WEIR 9. CONSENT CALENDAR PUBLIC HEARINGS None. Mayor Hall recessed the meeting at 5:57 p.m. and reconvened the meeting at 6:00 p.m. 1543 Bakersfield, California, November 14, 2012 - Page 10 10. HEARINGS ACTION TAKEN a. Resolution adopting the Negative Declaration RES 128 -12 and approving the closing and construction of cul -de -sacs of Beech, Myrtle, Spruce, Pine, Cedar, A, B, and C Streets south of 24th Street, subject to conditions. City Clerk Gafford announced that correspondence was received regarding this hearing, as follows: e -mails from Bob and Kristie Coons, Don Stansbury, and Ann Deiner; correspondence from Ron Fraze, Vanessa and Darlene Vangel, Dr. Romain Clerou Family, Rose and Frank Munoz, David Boyd, Jerry and Anne Seydel, and an individual letter from Jerry Seydel. Public Works Director Rojas made staff comments and introduced Assistant Public Works Director Underwood, who provided a PowerPoint presentation, and recommended adoption of the Negative Declaration and approval of the Resolution. Hearing opened at 6:21 p.m. The following individuals spoke in opposition to the staff recommendation: Dave Cross, representing the Dr. Romain Clerou Family and the Del Toro -Diaz Family, and submitted written material; Vanessa Vangel, on behalf of her mother and herself; Terry Maxwell; and Julie Regal, representing her father, Dr. Romain Clerou, and members of her family. Motion by Councilmember Benham to extend APPROVED the speaking time to an additional 15 minutes AB WEIR for each side. The following additional individuals spoke in opposition to the staff recommendation: Tomas Del Toro -Diaz, and Jerry Seydel. The following individuals spoke in support of the staff recommendation: Mike Hawkesworth; Ron Fraze; Wayne Kress; Lamar Kerley; Susan Ferguson; Dominique Minaberrigarai, representing himself and Mr. Charles Hong; Jeff Lemucchi; John Hale, representing his neighbors on Pine Street between 22nd and 24th streets; Robert Massey, and Jamie Hickock, representing his neighbors on B Street between 22nd and 241h streets. 1544 Bakersfield, California, November 14, 2012 - Page 11 10. HEARINGS continued ACTION TAKEN Item 10,a. continued The following individuals spoke in opposition rebuttal to the staff recommendation: Vanessa Vangel; Julie Regal; and Dave Cross. The following individuals spoke in support rebuttal of the staff recommendation: Robert Massey; and John Hale. Hearing closed at 7:19 p.m. Councilmember Benham requested the record reflect that if this enabling legislation is approved tonight, there remains the availability to opt out if any street is unable to reach consensus or the consent of the property owners on the north end. Motion by Councilmember Benham to adopt the APPROVED Negative Declaration and approve the Resolution as it AB WEIR was discussed tonight with the 84 -foot diameter with the sidewalks as staff has discussed to make it ADA compliant. b. General Plan Amendment /Zone Change No. 12 -0244; McIntosh & Associates, representing Amber Investments, LLC (property owners), has applied for a general plan amendment and zone change on 10.26 acres generally located at 12714 Allen Road, northeast corner of Allen Road and Stockdale Highway. Resolution adopting the Negative RES 129-12 Declaration and approving the general plan amendment changing the land use designation from OC (Office Commercial) to GC (General Commercial). 2. First Reading of Ordinance adopting the FR Negative Declaration and amending Title 17 of the Municipal Code by changing the zone district from C -O (Professional and Administrative Office) to C -2 /PCD (Regional Commercial /Planned Commercial Development). 1545 Bakersfield, California, November 14, 2012 - Page 12 10. HEARINGS continued ACTION TAKEN Item I O b, continued Community Development Director Mclsaac made staff comments and recommended adoption of the Resolution and give first reading to the Ordinance. City Clerk Gafford announced correspondence was received from Tonya Riley in opposition to this matter. Hearing opened at 7:35 p.m. The following individuals spoke in opposition to the staff recommendation: Alex Georgian and Ann Georgian. Mayor Hall acknowledged Mr. and Mrs. Georgian for their efforts in picking up litter in their neighborhood. The following individuals spoke in support of the staff recommendation: Roger McIntosh, with McIntosh & Associates, representing Steve and Carrie Anderson of Amber Investments; and John Hale. Alex Georgian spoke in rebuttal opposition to the staff recommendation. No one spoke in rebuttal support of the staff recommendation. Hearing closed at 7:48 p.m. Motion by Vice -Mayor Couch to adopt the APPROVED Resolution and give first reading to the AB WEIR Ordinance. 12. 13. 14. Bakersfield, California, November 14, 2012 - Page 13 REPORTS ACTION TAKEN a. Amenity Replacement Plan for Pools: 1. Splash Pad at Siemon Park. 2. Skate Park and additional Picnic Areas at Planz Park. 3. Appropriate and transfer $105,000 in Transient Occupancy Taxes Fund balance to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund for the demolition and design phases of the replacement amenities for Siemon and Planz Pools. Administrative Analyst Huot made staff comments, provided a PowerPoint presentation, and advised that the Community Services Committee recommends approval of amenity replacement plan and appropriation and transfer of funds. Motion by Councilmember Sullivan to approve APPROVED amenity replacement plan and appropriation AB WEIR and transfer of funds. DEFERRED BUSINESS None. NEW BUSINESS None. COUNCIL AND MAYOR STATEMENTS Councilmember Johnson requested that when staff does the overview of the bike master plan for the community, he would like to incorporate adding the bike lanes on Wible Road into that review. Councilmember Solos asked staff to provide a memo to the rest of the Council regarding what the City is trying to accomplish with the Public Utilities Commission to bring additional funding to help with the different solar projects for the residents of Bakersfield. 1546 1547 Bakersfield, California, November 14, 2012 - Page 14 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Sullivan announced that her granddaughter had a new baby boy this morning. Mayor Hall announced that Vice -Mayor Couch will be closing the meeting at the conclusion of Closed Session. 15. CLOSED SESSION a. Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Government Code Section 54957(b)(1)/54957,6. Motion by Vice -Mayor Couch to adjourn to Closed APPROVED Session at 8:05 p.m. AB WEIR Motion by Councilmember Solos to adjourn from APPROVED Closed Session at 8:57 p.m. AB WEIR RECONVENED MEETING AT 8:57 p.m. 16. CLOSED SESSION ACTION a. Public Employee Performance Evaluation - City STAFF GIVEN Attorney; Closed Session pursuant to DIRECTION Government Code Section 54957(b)(1)/54957.6, Vice -Mayor Couch announced City Attorney Gennaro received a favorable evaluation. City Attorney Gennaro thanked the Council for its support and great cooperation over the years; announced she would miss those who will not be here next year; and that staff was unanimously directed to prepare an amendment to the City Attorney's contract and to include the City Management Group increase, which became effective in July of 2012. Bakersfield, California, November 14, 2012 - Page 15 1 5 4 8 17. ADJOURNMENT Vice -Mayor Couch adjourned the meeting at 8:58 p.m. ATTEST; ACTION TAKEN MAYOR of the City of Bakersfield, CITY CLERK and Ex Offi i 'Clerk of the Council of the City of Bakersfield 1 5 4 ° BAKERSFIELD, California, November 14, 2012- PaoP16 * ** *THIS PAGE INTENTIONALLY LEFT BLANK * * **