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HomeMy WebLinkAbout07/16/08 CC MINUTES683 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JULY 16, 2008 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None. 2. PUBLIC STATEMENTS a. Rich O'Neil, Bill Cooper, Arin Resnicke, Peter Smith, Richard Stewart, Kathy Mashburn and Lauren Franconi spoke regarding item 4.c.2. and keeping a portion of the Kern River Bike Path. 3. WORKSHOPS None. 4. CLOSED SESSION a. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One matter) b. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(C) of Government Code Section 54956.9. (One claim) c. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. City v North Kern Water Storage District, et al Kern County Superior Court Case No. S- 1500-CV-260360-AEW Tulare County Superior Court Case No. 224933 ACTION TAKEN L 684 ^ _ Bakersfield, California, July 16, 2008 -Page 2 2. John M. Tarabino, et al v City, et al Kern ACTION TAKEN County Superior Court Case No. S-1550-CV- 257620-SPC d. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 Motion by Vice-Mayor Hanson to adjourn the meeting to APPROVED Closed Session at 5:32 p.m. Motion by Councilmember Couch to adjourn from Closed APPROVED Session at 6:52 p.m. RECONVENED MEETING approximately 7:02 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None. 6. INVOCATION by Councilmember Jacquie Sullivan. 7. PLEDGE OF ALLEGIANCE by Luis Castillo, Jr. 4th Grade Student, Centennial Elementary School. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel -Potential NOT CONSIDERED Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One matter) b. Conference with Legal Counsel -Potential NOT CONSIDERED Litigation; Closed Session pursuant to subdivision (b)(1)(3)(C) of Government Code Section 54956.9. (One claim) c. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. City v North Kern Water Storage District, et STAFF GIVEN DIRECTION al Kern County Superior Court Case No. S- 1500-CV-260360-AEW Tulare County Superior Court Case No. 224933 2. John M. Tarabino, et al v City, et al NO REPORTABLE ACTION Kern County Superior Court Case No. S- 1550-CV-257620-SPC Bakersfield, California, July 16, 2008 -Page 3 8. CLOSED SESSION ACTION continued ACTION TAKEN 9. d. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Jesse Stephenson, Joe DeLeon Rucker and Wilma Rucker Davis, honoring the 61St Anniversary of Rucker's Mortuary. Wilma Rucker Davis accepted the proclamation and made comments. 10. PUBLIC STATEMENTS a. Doug Vontz spoke regarding the "Slower Traffic Please Keep Right" campaign and submitted correspondence. Mayor Hall requested staff meet with Mr. Vontz. 11. APPOINTMENTS None. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the June 9, 2008 Budget Presentation Meeting and the June 25, 2008 Regular City Council Meeting. Payments: b. Approval of department payments from June 13, 2008 to July 3, 2008 in the amount of $20,785,860.25 and self-insurance payments from June 13, 2008 to July 3, 2008 in the amount of $437,005.06. Ordinances: c. First Reading of Ordinance adding Section 8.16.065 of the Municipal Code relating to use of amplified sound by ice cream vendors. d. First Reading of Ordinance amending Sections 2.62.020 and 2.62.030 of the Municipal Code relating to the Keep Bakersfield Beautiful Committee. STAFF GIVEN DIRECTION ABS WEIR FR FR 685 686 Bakersfield, California, July 16, 2008 -Page 4 12. CONSENT CALENDAR continued e. First Reading of Ordinance adding Sections 17.04.022, 17.04.132, 17.04.168, 17.04.281, 17.04.281.5, 17.04.493, 17.04.493.5, 17.04.606 and 17.04.624 and amending Chapter 17.58 of the Municipal Code relating to parking standards and requirements. Resolutions: Resolution accepting the City Clerk's Certification and declaring the results of the Primary Municipal Municipal Election for the election of Mayor held in the City on June 3, 2008. g. Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Government Code Sections 34090 et seq for the Finance Department. h. Resolutions approving applications proposing proceedings for annexation of uninhabited territory to the City identified as: Annexation No. 575 consisting of 21.20 acres located at the southeast corner of Gosford Road and Taft Highway. 2. Annexation No. 592 consisting of .37 acre located at the southwest corner of Harris and Akers Road. 3. Annexation No. 600 consisting of 152.74 acres located on the east and west side of South H Street generally west of Monitor Street and north of Taft Highway. Resolution approving application for grant funds for local levee evaluation project under Prop. 84. Resolution of Intention No. 1603 to add territory, Area 4-85 (Tract 6850) to the CMD and preliminarily adopting, confirming & approving the P W Director's Report. Agreements: k. Cooperative Agreement with State of California Department of Transportation to widen Rosedale Highway between State Route 99 and State Route 43. (Rosedale Highway Widening Project) (TRIP) ACTION TAKEN FR RES 107-08 RES 108-08 RES 109-08 RES 110-08 RES 111-08 RES 112-08 ROI 1603 DELETED Bakersfield, California, July 16, 2008 -Page 5 12. CONSENT CALENDAR continued ACTION TAKEN A (ward 2) I. Amendment No. 1 to Cooperative Agreement No. qGR 05-375(1) 05-375 with State of California Department of Transportation for the 24th Street (State Route 178) and Oak Street Interchange Project. (TRIP) (ward 3)m. Environmental Impact Report for GPA/ZC No. 03- 0337 (The Canyons): 1. Amendment No. 3 to Agreement No. 03-215 qGR 03-215(3) with Michael Brandman and Associates ($183,905) for preparation of the EIR. 2. Appropriate $183,905 (Developer's contribution) to the Development Services operating budget in the General Fund for the EIR consultant. (ward s)n. Water Well at Pacheco and Old River Roads (Tract 6167): Assignment No. 1 to Agreement No. 08-079 qGR 08-079(1) from Fairway Oaks South, LP to Judkins Family Trust &Judkins Revocable Trust to purchase real property for water well site. 2. Assignment No. 1 to Agreement No. 08-078 qGR-078(1) from Fairway Oaks South, LP to Judkins Family Trust and Judkins Revocable Trust, to exempt water availability fees in exchange for a water well site. o. Amendment No. 2 to Agreement No. 05-348 with qGR 05-348(2) Dresser Services, Inc. extending the term to September 30, 2008 for asbestos surveys. p. Auctioneer Services: Amendment No. 1 to Agreement No. 07-228 qGR 07-228(1) with Tri-State Auction Systems, Inc. extending the term to July 17, 2009. 2. Amendment No. 1 to Agreement No. 07-229 qGR 07-229(1) with Quality Team, Inc. extending the term to July 17, 2009. q. Amendment No. 2 to Agreement No. 06-219 with AGR 06-219(2) Ameripride Uniform Services extending the term for one (1) year for industrial laundry services. 687 688„ Bakersfield, California, July 16, 2008 -Page 6 12. CONSENT CALENDAR continued ACTION TAKEN r. Amendment No. 3 to Agreement No. 06-220 with AGR 06 220(3) Kern Sprinkler Landscaping, Inc. extending the term for one (1) year for irrigation and landscaping services. (ward 3)s. Pavement Reconstruction on Columbus Street from Mt. Vernon Avenue to Auburn Street -Federal Fiscal Year 2006-07. Contract Change Order No. 1 to Agreement AGR o7 348 CCO 1 No. 07-348 with Granite Construction Company ($73,591.15; revised not to exceed $1,820,009.20) for project. 2. Appropriate $65,151 Federal Surface Transportation funds to the Public Works Department's Capital Improvement Budget within the SAFETEA-LU Fund. 3. Appropriate $8,441 Gas Tax Fund Balance to the Public Works Department's Capital Improvement Budget as the local match for the Federal appropriation. (ward 1)t. Contract Change Order No. 1 to Agreement No. 07- AGR 07-422 CCO 1 422 with Griffith Company ($53,264.52; revised not to exceed $6,071,998.52) for the Northeast Trunk Sewer -Phase 3 -Edison Highway Extension. Bids: u. Accept bid from Golden State Peterbilt (235,945.77) for one (1) additional LNG powered four axle front- loading automated refuse truck for Public Works Dept Solid Waste Division. (ward 2)v. Accept base bid and award contract to Lee Crippen AGR 08-124 Demolition ($177,389) for the Downtown ABS COUCH Redevelopment Demolition Project. (ward 5)w. Full Depth Reclamation on Camino Media Drive from Old River Road to 200' west of Lancashire Street -Federal Fiscal Year 2007/08. Accept bid and award contract to Maverick AGR o8-125 Asphalt, Inc. ($1,525,525) for project. 2. Appropriate $557,739 Federal Surface Transportation funds to the Public Works Department's Capital Improvement Budget within the SAFETEA-LU Fund. Bakersfield, California, July 16, 2008 -Page 7 12. CONSENT CALENDAR continued ACTION TAKEN x 3. Appropriate $72,261 Gas Tax Fund Balance o the Public Works Department's Capital Improvement Budget for the local match of the Federal appropriation. (ward 2,3,a)x. Accept bid and award contract to Floyd Johnston AGR OS-126 Construction Company ($531,914) for installation of 2,630 feet of 18" water pipeline along Coffee Road between Granite Falls Way and Meany Avenue. Councilmember Weir announced he would abstain due to conflict of interest, source of income, on item i2.b. Councilmember Couch announced he would abstain from item 12. v. due to a client owning property in the area involved and potential source of income. Motion by Vice-Mayor Hanson to approve Consent APPROVED Calendar items 12.a. through 12.x., with the deletion of 12.k. 13. CONSENT CALENDAR HEARINGS None. 14. HEARINGS 15. REPORTS a. Report on the City website. Information Technology Director Trammell made comments and Webmaster Wiladene Sawyer gave a computer presentations. b. Report regarding analysis of park fees and Mesa Marin Sports Complex. Director of Recreation and Parks Department Hoover gave a computer presentation. Councilmember Weir requested a copy of the compufer presentation. 16. DEFERRED BUSINESS None. 68 690 _ " Bakersfield, California, July 16, 2008 -Page 8 17. NEW BUSINESS None. 18. COUNCIL AND MAYOR STATEMENTS Councilmember Benham requested staff respond to correspondence and requested Rhonda Smiley contact her. Councilmember Benham referred to staff a complaint regarding build up of stagnant water in the street. Councilmember Benham referred complaints about conditions at Jastro park over the weekend, and requested additional cleanup as well as trash receptacles. Councilmember Benham requested that staff report back with information to a citizen about who can be contacted regarding cleanup of graffiti on the Kern River Canyon rocks walls. Councilmember Carson requested staff respond to a concern of potholes not properly paved at 6th and P Streets. Councilmember Carson inquired about property at the old Fire Station at Planz Road and Chester Avenue. Mr. Tandy responded. Councilmember Sullivan advised that staff will begin canvassing the Grissom Park area for loose pets and addressing the aesthetics of the area. Councilmember Sullivan reported that Councilmember Scrivner and wife will be having their second child in January 2009. 19. ADJOURNMENT Mayor Hall adjourned the ATTEST: CITY CLERK and Ex Officio rk of the Council of the City of Bakersfield