HomeMy WebLinkAbout10/24/07 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 24, 2007
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Council members Carson,
Benham, Weir, Couch (seated at 6:00 p.m.),
Sullivan (seated at 5:24 p.m.) Scrivner
Absent:
Hanson
2. PUBLIC STATEMENTS
a. Renee Nelson spoke regarding Walmart's efforts to
reduce State taxes and submitted written material.
3. WORKSHOPS
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a.
City Council Goals Update.
Assistant City Manager Stinson provided an update.
b. Transportation Update (TRIP).
Public Works Director Rojas provided the update.
4. CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(C) of Government Code
Section 54956.9 (Claim of Minnie Jung)
Motion by Councilmember Carson to adjourn to Closed
Session at 5:33 p.m.
Motion by Vice-Mayor Hanson to adjourn from Closed
Session at 6:03 p.m.
APPROVED
AS HANSON,
COUCH
APPROVED
AS HANSON
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RECONVENED MEETING - approximately 6:32 p.m.
ACTION TAKEN
5.
ROLL CALL
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Present: Mayor Hall, Council members Carson,
Benham, Weir, Couch, Sullivan, Scrivner
Absent:
Hanson
6. INVOCATION by Reverend Nancy McMaster, Valley
Christian Church
7. PLEDGE OF ALLEGIANCE by Cammy Jamison, 2nd Grade
Student at Valley Oaks Charter School.
Mayor Hall acknowledged students from Bakersfield
College government classes in attendance at the
meeting.
8. CLOSED SESSION ACTION
a.
SETTLEMENT
AUTHORIZED
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(C) of Government Code
Section 54956.9 (Claim of Minnie Jung)
Regarding Item 4.a., City Attorney Gennaro
announced Council authorized Risk Management to
settle the SUbJect claim in an amount not to exceed
$45,000.00
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9. PRESENTATIONS
a. Presentation by Mayor Hall of retirement plaque and
gift certificate to Roy M. Hall.
Mr. Hall accepted the retirement plaque and made
comments.
10. PUBLIC STATEMENTS
a. Ernest Morse spoke regarding veterans and parade
fees.
Councilmember Benham requested staff clarify the
proposed action on Consent Calendar regarding
parades and Institution of fees. City Manager Tandy
Councilmember confirmed the proposed Ordinance will
not institute parade fees.
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10.
PUBLIC STATEMENTS continued
ACTION TAKEN
Art Carlock, on behalf of Bridgestone/Firestone
Lincoln Tire Company of Santa Fe Springs
California and the Highway 99 Cruise and Show,
and Pat Frase, Chairperson Keep Bakersfield
Beautiful Committee, made comments regarding
Make a Difference Day, October 27,2007.
c. Donald Rambo, Linda Meek, Harold Sugden and
Tom Russell spoke regarding the Kimberley #1
Annexation.
b.
11. APPOINTMENTS
None.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 17, 2007
Special Joint Meeting and October 10, 2007
Regular Council Meeting.
Payments:
Approval of department payments from September
28, 2007 to October 11, 2007 in the amount of
$30,253,994.96 and self-insurance payments from
September 28, 2007 to October 11, 2007 in the
amount of $256,225.50.
Ordinances:
AS WEIR
b.
c.
Building and Constructions Code, specifically the
California Building Code, Mechanical Code,
Plumbing Code, Electrical Code, existing Building
Code and Historical Building Code:
1. First Reading of Ordinance deleting Sections
15.12, 15.16, 15.28, 15.32 and 15.48 of
the Municipal Code.
FR
2.
First Reading of Ordinance amending
Sections 15.04 and adding Sections 15.05,
15.07, 15.09, 15.11, 15.13 and 15.15 of the
Municipal Code.
FR
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Bakersfield, California, October 24, 2007 - Page 4
12. CONSENT CALENDAR continued ACTION TAKEN
d. California Fire Code: j
1. First Reading of Ordinance deleting Section FR
15.64 of the Municipal Code.
2. First Reading of Ordinance adding Section FR
15.65 of the Municipal Code.
Adoption of Ordinance amending Section 10.76.030 ORD 4467
e.
of the Municipal Code relating to
parades.
f. Adoption of Ordinance amending Section 1.12.040 ORD 4468
of the Municipal Code by adding Annexation No.
522 consisting of 60.77 acres located on the west
side of EI Toro Viejo Road, east of Calloway Drive,
Annexation No. 554 consisting of 66.69 acres
located south of Seventh Standard Road, west of
the Calloway Canal, north of Snow Road,
Annexation No. 563 consisting of 21.83 acres
located at the northwest corner of Snow Road and
Coffee Road, and Annexation No. 564 consisting of
73.54 acres located north of Snow Road, on the
east and west side of Coffee Road to Ward 4.
g. Adoption of Ordinance amending Section 15.74 of ORD 4469 I
the Municipal Code relating to flood damage ....
prevention.
h. Adoption of Ordinance amending chapter 15.78 of ORD 4470
the Bakersfield Municipal Code relating to
mitigation for urban development impacts on
endangered species.
Resolutions:
i. New Job Specifications and Change to Salary
Schedule:
1.
Amendment No. 10 to Resolution No. 049-06
approving Memorandum of Understanding
for employees of the Blue and White Collar
Units and adopting salary schedule and
related benefits for Senior Sales
Representative and Marketing &
Events Specialist.
RES 049-06(10)
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12.
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CONSENT CALENDAR continued
Item 12.i. continued
ACTION TAKEN
Amendment NO.6 to Resolution No. 078-06
setting salaries and related benefits for
officers and employees of the General
Supervisory, Police Supervisory and
Management Units and adopting salary
schedule and related benefits for Convention
& Visitors Bureau Manager.
3. New Job Specifications for Marketing &
Events Specialist, Senior Sales
Representative and Convention & Visitors
Bureau Manager.
RES 078-06(6)
2.
j. Sewer Connection and Construction Fees for the
McDonald Area Sewer Project:
1.
Resolution confirming assessments for
sewer connection fee including the
construction fee and authorizing the
collection of assessments by the Kern
County Tax Collector.
RES 224-07
2.
Agreements to pay sewer connection and
construction fee in installments and notice
of special assessment lien with:
a.
Billy P. Reese Jr. & Natalie J. Reese
- 1 0 Candy Street
AGR 07-370
AGR 07-371
b. Michael R. Stern -108 N. Stine Road
k. Emergency Replacement of Cooling Tower for
HV AC at Police Department Building:
Resolution dispensing with bidding
procedures due to the emergency cooling
tower replacement at the Bakersfield Police
Department Building, not to exceed $39,252.
2. Transfer $39,252 from Public Works Capital
Improvement Project (Fleet Services
Building Remodel) to the Capital
Improvement Budget within the Capital
Outlay Fund to fund this project.
RES 225-07
1.
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Bakersfield, California, October 24,2007 - Page 6
12. CONSENT CALENDAR continued ACTION TAKEN
I. Mill Creek Linear Park in Central Park: .J
1. Resolution determining that prefabricated RES 226-07
elements needed for the Mill Creek Linear ASS COUCH
Park project cannot be reasonably obtained
through the usual bidding procedures
and authorizing the Finance Director to
dispense with bidding therefore and
purchase slide gates and operators from
Waterman Industries, not to exceed $60,000.
2. Agreement with Waterman Industries AGR 07-372
($41,981.94) for fabrication of the elements AS COUCH
required for the construction of the project.
Resolution approving the Relocation Plan for the Mill REMOVED FOR
m. SEPARATE
Creek South Mixed-Use Project. CONSIDER A TION
n. Resolutions adding the following territories to the
Consolidated Maintenance District and confirming
the assessments, approving the Public Works
Director's Report and authorizing collection of
assessments by the Kern County Tax Collector:
1. Area 1-74, (Calloway, Langley NE) RES 228-07 j
2. Area 1-75, (Coffee, Snow NW) RES 229-07
3. Area 1-76 (Jewetta, Etchart SE) RES 230-07
4. Area 1-77 (7th Standard, Jewetta SW) RES 231-07
5. Area 2-36 (Mexicali, Schirra NW) RES 232-07
6. Area 3-74 (Wible, Taft Highway SE) RES 233-07
7. Area 5-40 (S. Union, E. Panama NE) RES 234-07
o. Resolution approving an application proposing REMOVED FOR
proceedings for annexation of inhabited SEPARATE
territory to the City identified as Annexation No. 593 CONSIDER A TION
consisting of 15.20 acres located along
Kimberly Avenue, generally south of Olive Drive and
east of Coffee Road.
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12. CONSENT CALENDAR continued ACTION TAKEN
l p. Resolutions approving applications proposing
proceedings for annexation of uninhabited
territory to the City identified as:
1. Annexation No. 558 consisting of 42,706 sq. RES 236-07
ft., located on the south side of Terrace
Way between Wible Road and Stephens
Drive.
2. Annexation No. 586 consisting of 1 .55 acres, RES 237-07
located on the south side of Taft
Highway east of Ashe Road.
q. Resolution of Intention No. 1567 to add territory, ROl1567
Area 3-75 (Buena Vista, Taft Highway NE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
Agreements:
r. Final Map with ADH Corporation for Tract 6297
Phase 2 located north of Redbank Road
between S. Oswell Street and S. Sterling Road.
L AGR 07-373
s. Agreement with HNTB Corporation ($9,249,949) for
engineering and environmental design services for
the South Centennial Corridor.
t. Westside Parkway and Cross Valley Canal
1. Utility Agreement with Kern County Water AGR 07-374
Agency ($2,652.530) to mitigate utility
conflict with the Cross Valley Canal (CVC) in
preparation for the construction of
Westside Parkway
2. License Agreement with Kern County Water AGR 07-375
Agency for the City to construct, maintain,
and operate on and off ramps associated
with the Westside Parkway at the CVC.
3. License Agreement with Kern County Water AGR 07-376
Agency (KCW A) for KCW A to install an
Inter-tie Facility within City owned property.
u. Amendment No. 1 to Agreement No. 07-027 with AGR 07-027(1)
L Jim Alfter Cement Contractor ($396,925; revised not
to exceed $1,340,925 and extending the term of the
annual contract to June 30, 2008) for construction of
HUD-Funded curb and gutter.
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Bakersfield, California, October 24,2007 - Page 8
12. CONSENT CALENDAR continued ACTION TAKEN
v. Environmental Impact Report for General Plan J
Amendment/Zone Change No. 05-1580 (Ten
Section Project)
1. Amendment NO.1 to Agreement No. 06-135 AGR 06-135(1)
with RBF Consulting ($2,760) for
preparation of an Environmental Impact
Report.
2. Appropriate developers' contribution
($2,760) to the Development Services
operating budget in the General Fund for the
EIR consultant.
Bids:
Accept base bid plus additive alternate No. 1 and AGR 07-377
w.
award contract to Pickinpaugh Concrete
Construction ($182,140.80) for the landscape wall
construction along Stockdale Highway from
McDonald Way to Stine Canal.
x. Accept bid and award annual contract to T.D. AGR 07-378
Whitton Construction, Inc. (not to exceed j
$2,000,000) for the street reconstruction and paving
(maximum of 4 years).
y. Accept bid and award annual contract to Basic AGR 07-379
Chemical Solutions (not to exceed $75,000)
for the wastewater treatment plant chemical -
sodium hydroxide (maximum of 4 years).
z. Accept bid from Lake Chevrolet ($41 ,440.35) for two
(2) additional two-passenger cargo vans for Public
Works Department.
aa. Accept bid from Bakersfield Harley Davidson
($56,320.37) for three (3) replacement police
special motorcycles.
bb. Accept bid and award contract to Code Precast AGR 07-380
Products, Inc. ($69,402.01) to manufacture
and deliver materials for Mill Creek Linear Park -
Precast Elements.
cc. Accept bid and award contract to KS Fabrication AGR 07-381
and Machine, Inc. ($68,002.85) to manufacture and
deliver materials for Mill Creek Linear Park - j
Miscellaneous Metal.
12.
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CONSENT CALENDAR continued
ACTION TAKEN
dd.
Reject bids for the installation of above ground
diesel fuel tank at South Mt. Vernon Green Waste
Recycling Facility.
ee. Reject bids for the annual contract for wastewater
treatment plant chemical - ferric chloride.
Miscellaneous:
ff. Revised Job Specification for Supervisor II.
gg. Reclassification of one position and addition of one
position within the Finance Department
1. Reclassification of Accounting Clerk II to
Accountant I within the Treasury Division of
the Finance Department (General Fund)
2. Addition of one Accounting Supervisor within
the Accounting Division of the Finance
Department (TRIP fund).
hh.
Appropriate $382,066 State Grant revenues to the
Police Operating Budget within the S.L.E.S.F. Fund.
Transfer $250,284 Metropolitan Medical Grant
Revenues from the General Fund Operating
Budget to the Metro Medical Special Revenue Fund
Operating Budget to purchase two (2) emergency
shelter trailers ($36,000) and to maintain the
programs established by this grant.
ii.
Councilmember Couch announced he would abstain
due to conflict of interest, client owns property within
300' of property in question, on Items 12.1. and 12.m.
Councilmember Weir announced he would abstain due
to conflict of Interest, source of Income, on Item 12.b.
Motion by Councilmember Couch to approve Consent
Calendar items 12.a. through 12.;;., with the removal of
items 12.m. and 12.0. for separate consideration.
APPROVED,
AS HANSON
m.
Resolution approving the Relocation Plan for the Mill
Creek South Mixed-Use Project.
RES 227-07
Motion by Councilmember Carson to approve the
Resolution.
APPROVED,
AS HANSON
ASS COUCH
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Bakersfield, California, October 24, 2007 - Page 10
CONSENT CALENDAR continued
ACTION TAKEN
RES235-o7
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o.
Resolution approving an application proposing
proceedings for annexation of inhabited
territory to the City identified as Annexation No. 593
consisting of 15.20 acres located along
Kimberly Avenue, generally south of Olive Drive and
east of Coffee Road.
Councilmember Couch requested Attorney's staff
address memorializing Mr. Russell's request.
Motion by Councilmember Couch to adopt the
Resolution and consider Hooper A venue for future
annexation.
APPROVED
AS HANSON
13. CONSENT CALENDAR HEARINGS
a.
b.
RES 238-07
Public Hearing to consider Resolution approving
and adopting an adjustment to the Street Cut
Workmanship and Performance Warranty Fee (fee
proposed to increase from $17.50 per lane-foot to
$19.90 per lane-foot; 13.7% increase).
Public Hearing to consider proposal for the
Bakersfield Redevelopment Agency to assist in
the construction and installation of public facilities
for the Millcreek Linear Park and Canal
Refurbishment Project.
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1.
Resolution approving the provision of
assistance by the Bakersfield
Redevelopment Agency for the construction
and installation of public improvements
related to the Millcreek Linear Park and
Canal Refurbishment Project (Southeast
Bakersfield Redevelopment Project Area).
Resolution approving the provision of
assistance by the Bakersfield
Redevelopment Agency for the construction
and installation of public improvements
related to the Millcreek Linear Park and
Canal Refurbishment Project (Old Town
Kern-Pioneer Redevelopment Project Area).
RES 239-07
ASS COUCH
2.
RES 240-07
ASS COUCH
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13. CONSENT CALENDAR HEARINGS ACTION TAKEN
l c. Public Hearing to consider Resolution approving RES 241-07
,.:' fees and charges pursuant to the Cost Recovery
System.
Hearings opened at 7:04 p.m.
No one spoke.
Hearings closed at 7:04 p.m.
Councllmember Couch announced he would abstain
due to conflict of Interest, client owns property within
300' of property in question, on Item 12.b.
Motion by Councilmember Carson to approved APPROVED
AS HANSON
Consent Calendar Hearings 13.a. through 13.c.
14. HEARINGS
None.
15. REPORTS
l None.
16. DEFERRED BUSINESS
a. Update to the refurbishment of the entry monument
signs located on State Route 99.
Assistant City Manager Smiley gave a computer
overview regarding refurbishment of entry
monument signs and provided written material.
Motion by Councilmember Benham to approve the APPROVED
monument revision and expenditure of $1500.00 for AS HANSON
that purpose.
17. NEW BUSINESS
None.
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18.
MAYOR AND COUNCIL STATEMENTS
Councilmember Scrivner requested the planning and
development committee review Information he
submitted regarding construction defect litigation.
Councllmember Benham requested City Attorney's
staff provide a summary of City efforts thus far to
court employees who signed a petition requesting a
train whistle quiet zone, and provided written material.
Councllmember Benham suggested staff review
elimination of paper caples of staff presentations.
Councilmember Benham requested staff Investigate
implementing incentives to developers of commercial
properties for providing parking canopies for shading
purposes.
Council member Sullivan requested information
regarding maintenance of landscaping, and assuring
water service is provided on foreclosed properties. City
Manager Tandy and Development Services Director Grady
responded.
Councllmember Sullivan requested additional speed
limit enforcement on Sundale A ve. entering Kern City.
Councilmember Sullivan requested staff provide
an update on her prior request to Investigate
Installing a four-way stop at Beechwood and Starwood.
Council member Sullivan made comments regarding the
recent Fire Department celebration.
Mayor Hall announced Sunday, October 28tth is the annual
Sikh Day celebration.
Mayor Hall made comments regarding the Greenfield
walking group and complimented Recreation and Parks
staff .
Mayor Hall made comments regarding the litter pick-up on
October 13th and announced the next freeway litter pick-up
is scheduled for November 17th.
ACTION TAKEN
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19.
ADJOURNMENT
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Mayor Hall adJourned the meeting at
MAYOR of th
ATTEST:
'1J v
t1sSb CITY CLERK and Ex 0 i '0 Clerk of
, the Council of the City of akersfield
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