HomeMy WebLinkAbout09/17/08 CC MINUTES72!
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 17, 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
Will Winn spoke regarding the need to put in place policies
and procedures that will produce a new attitude and
philosophy towards development and growth and submitted
written material.
3. WORKSHOPS
a. Status of Thomas Road Improvement Program
(TRIP) Projects.
Public Works Director Rojas made a Powerpoint
presentation.
4. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 3, 2008
Regular City Council Meeting.
Payments:
ACTION TAKEN
b. Approval of department payments from August 22, ABS WEIR
2008 to September 4, 2008 in the amount of
$20,555,322.76 and self-insurance payments from
August 22, 2008 to September 4, 2008 in the
amount of $179,089.99
i` `.,
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Bakersfield, California, September 17, 2008 -Page 2
4. CONSENT CALENDAR continued ACTION TAKEN
Ordinances:
c. First Reading of Ordinance amending Section FR
17.06.020 (Zone Map No. 122-12) of the Municipal
Code by changing the zoning from P.U.D. (Planned
Unit Development) to R-1/P.U.D. (One Family
Dwelling/Planned Unit Development) on 93.55 acres
located at the northeast corner of White Lane and
South Allen Road (ZC #08-0594 -McIntosh and
Associates representing Castle and Cooke
Development).
Resolutions:
d. Resolution confirming approval by the Assistant City RES 160-08
Manager 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.
e. Resolution approving application proposing RES 161-08
proceedings for annexation of uninhabited territory
to the City identified as Annexation No. 591
consisting of 80.27 acres, located generally north of
Brimhall Road, east of Rudd Avenue, on south side
of Palm Avenue.
f. Purchase of Landscapeforms Decorative Benches qBS COUCH
for Mill Creek Linear Park.
Resolution determining that landscapeforms RES 162-OS
decorative benches cannot be obtained
through the usual bidding procedures and
authorizing the Finance Director to dispense
with bidding therefore, not to exceed
$182,000.
2. Approve the purchase of decorative benches
from landscapeforms in the amount of
$182,000.
g. Purchase of Decorative Street Lights for 34th Street
Streetscape.
Resolution determining that decorative street RES 163-08
lights cannot be obtained through the usual
bidding procedures and authorizing the
Finance Director to dispense with bidding
therefore, not to exceed $55,000.
4.
Bakersfield, California, September 17, 2008 -Page 3
CONSENT CALENDAR continued ACTION TAKEN
Item 4.g. continued
2. Approve the purchase of decorative street
lights from Consolidated Electrical
Distributors, Inc, Bakersfield in the amount of
$54, 618.
h. Radio IP Project.
Resolution determining that a secure source RES 164-08
of communication between police mobile
data computers, the communications center
and the records management system
(Versaterm) cannot be reasonably obtained
through the usual bidding procedures and
authorizing the Finance Director to dispense
with bidding therefore and purchase one
data transfer system from Radio IP, Inc., not
to exceed $310,000.
2. Independent Contractor's Agreement with AGR 08-146
Radio IP, Inc. (amount not to exceed
$310,000) for Radio IP Software to provide
the Police Department mobile data
computers the ability to communicate over
cellular data networks.
3. Appropriate $738,500 from the Equipment
Replacement Fund balance to the
Information Technology budget within the
Equipment Replacement fund for 211
replacement computers.
Audio/Photo File Management System for the
Bakersfield Police Department.
Resolution determining that a digital file RES 165-08
management system that stores and
manages both digital photo and audio files
cannot be reasonably obtained through the
usual bidding procedures, and authorizing
the Finance Director to dispense with bidding
therefore and purchase one Digital
Information Management Systems (DIMS)
from Linear Systems not to exceed $75,000.
2. Agreement with Linear Systems AGR 08-i47
($71,657.54) to purchase DIMS.
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Bakersfield, California, September 17, 2008 -Page 4
4. CONSENT CALENDAR continued ACTION TAKEN
Agreements:
Amendment No. 2 to Agreement No. 07-098 with AGR 07-098(2)
Gregory B. Bragg & Associates assigning its interest
to York Insurance Services for liability claims
administration.
k. Amendment No. 2 to Agreement No. 04-380 with AGR 04-380(2)
Dokken Engineering ($19,000; revised not to
exceed $622,700) for additional engineering,
construction documents, and field work for the Allen
Road Bridge over Kern River Project.
I. Amendment No. 2 to Agreement No. 07-194 with AGR 07-194(2)
Lim & Nascimento Engineering Corporation
($66,896; revised not to exceed $368,896) for
construction management services for the
eastbound to southbound on-ramp reconstruction at
White Lane at State Route 99.
m. Agreements to purchase real property located on
the east side of Mohawk Street south of the BNSF
railroad for Westside Parkway:
AGR 08-148
1. Kerminette S. Bonne for $23, 821.26
Y DEED 6943
2. Charles W. Bozarth and Anne Lane Bozarth, AGR08-149
Trustees for $43,250.00 DEED 6944
AGR 08-i50
3. Charles B. Randall for $5,169.72 DEED 6945
4. Marshall Plan, LTD for $21,625.00 AGR 08-151
DEED 6946
5. Annetta C. Lee for $23,821.26 AGR o8-152
DEED 6947
6. Optimists Boys Home and Ranch for AGR 08-i53
$36,492.16 DEED 6948
7. Judy Shultis Steffens for $9,478.09 AGR 08-154
DEED 6949
n. Agreement with County of Kern regarding REMOVED FOR
annexation of the fairgrounds property. SEPARATE
CONSIDERATION
o. Agreement with Dresser Services, Inc. ($75,000) to
provide on-call asbestos survey report services for AGR o8-156
Capital Improvement Projects for fiscal years 2008-
09 through 2010-11.
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Bakersfield, California, September 17, 2(
4. CONSENT CALENDAR continued
p. Contract Change Orders Nos. 4 - 14 to Agreement
No. 07-193 with Griffith Company ($153,868.35;
revised not to exceed $168,363.35) for the
eastbound to southbound on-ramp reconstruction at
White Lane at State Route 99.
)08 -Page 5
. ACTION TAKEN
AGR 07-193 0004,
0005, 0008, 0007,
0008, 0009, 00010,
00011, 00012, 00013,
00014
q. Contract Change Order No. 21 to Agreement No. AGR 07-304 00021
07-304 with Security Paving Construction
($30,462.50; revised not to exceed $29,443,829.64)
for the State Route 178 and Fairfax Road
Interchange Project. (TRIP)
Bids:
Accept bid to award contract to Griffith Company AGR 08-157
($230,949) for street improvements (right turn
channelization) on Mt. Vernon at State Route 178.
s. Accept bid to award contract to Belaire-West AGR 08-158
Landscape, Inc. ($518,893) for the construction of
the streetscape improvements on 34th Street from
"Q" Street to Union Avenue.
Traffic Signals and Lighting System Installation on
Auburn Oaks Drive and Fairfax Road.
Accept low bid and award contract to A-C AGR 08-159
Electric Company ($131,295) for the project.
2. Appropriate $40,000 from the Transportation
Development Fund balance to the Public
Works Department's Capital Improvement
Budget.
u. Accept bid from Mid-State Precast, LP ABS COUCH
($106,123.88) for precast weir panels for Mill Creek
Linear Park Project Phases 4 & 5.
v. Accept bid from Lortz Manufacturing ($203,862.95) ABS COUCH
for miscellaneous metal fabrication for weir
construction for Mill Creek Linear Park Project
Phases 4 & 5.
w. Accept bid from Structure Cast ($427,927.50) for ABS COUCH
precast bridge arch units for Mill Creek Linear Park
Project Phases 4 & 5.
Miscellaneous:
x. Revised job specification for Construction
Superintendent.
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Bakersfield, California, September 17, 2008 -Page 6
4. CONSENT CALENDAR continued ACTION TAKEN
y. Grant of temporary construction easement to DEED 6952
Southern California Gas to relocate a natural gas
pipeline adjacent to Mohawk Street extended.
z. Department of Housing & Urban Development HUD,
HOME Investment Partnership Action Plan
Amendment No. 2 (FY08/09), Amendment No. 4
(FY 07/08), Amendment No. 7 (FY 04/05)
Amendment No. 8 (FY03/04) and Amendment No.
12 (FY 00/01).
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 4.b.
Councilmember Couch announced he would abstain
due to conflict of interest, potential source of income,
on items 4.f., 4.u., 4. v. and 4.w.
Motion by Vice-Mayor Hanson to approve Consenf q ppROVED
Calendar items 4.a. through 4.z. with the removal of 4.n.
for separate consideration.
Agreement with County of Kern regarding AGR 08-155
annexation of the fairgrounds property.
Motion by Councilmember Couch to approve Consent APPROVED
Calendar Item 4.n. and asked staff to send a letter,
through the Mayor or the City Manager, to County staff
or County Supervisors thanking them for their support
in this matter.
5. CLOSED SESSION
a. Conference with Legal Counsel -Potential
Litigation; Closed Session pursuant to subdivision
(b)(1)(3)(A) of Government Code Section 54956.9.
Motion by Vice-Mayor Hanson to adjourn to Closed APPROVED
Session at 5:40 p.m.
Motion by Councilmember Couch to adjourn from
Closed Session at 6:02 p.m. APPROVED
Bakersfield, California, September 17, 2008 -Page 7
RECONVENED MEETING - 6:35 p.m. ACTION TAKEN
6. ROLL CALL
Present: Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Couch, Sullivan, Scrivner
Absent: None
7. INVOCATION by Pastor Tom Touchstone -Valley Bible
Fellowship.
8. PLEDGE OF ALLEGIANCE by Camille Wood, 8th Grade
Student -Heritage Christian School.
Mayor Hall recognized the Bakersfield College
Political Science Class and the Ridgeview High
School Government Class in attendance at the
meeting.
9. CLOSED SESSION ACTION
a. Conference with Legal Counsel -Potential NO REPORTABLE
Litigation; Closed Session pursuant to subdivision ACTION
(b)(1)(3)(A) of Government Code Section 54956.9.
10. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Stacy
Crooks and Jennifer Henry, proclaiming October
2008 at "Paint the Town Pink Month".
Stacy Crooks and Jennifer Henry, representing
Links for Life, accepted the Proclamation, and Ms.
Henry made comments and submitted written
material.
b. Presentation by Mayor Hall of Proclamation to
Aaron Markovits, proclaiming October 2008 as
"Disability Employment Awareness Month".
Aaron Markovits, from Kern Regional Center,
accepted the Proclamation and made comments.
11. PUBLIC STATEMENTS
a. Bob Lerude, Kern County Parks and Recreation
Department, spoke in support of the collaborative
efforts by the Bakersfield Police Department in
eradicating some of the problems occurring in the
Panorama Park area; he also thanked Dianne
Hoover, Recreation and Parks for her efforts in
resolving some of the issues.
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Bakersfield, California, September 17, 2008 -Page 8
11. PUBLIC STATEMENTS continued ACTION TAKEN
b. Louis Vegas spoke in support of creating tow-
away zones from 10:00 p.m. until 5:00 a.m. in the
parks, and announced that he is introducing an
initiative called ACT (Active Citation and Towing),
which will allow law enforcement a broader range of
investigations of subjects in the various parks.
Councilmember Weir referred the matter of a
tow-away zone to the Legislation and Litigation
Committee for consideration of adopting an
ordinance for the Panorama Drive area.
c. LaQuette Milner, Director of LO's Performing Arts
Center, asked for the removal of a bench in front of
the Center's building at 1300 19th Street, and she
announced a fundraising event on October 11th to
benefit the Center and provided handouts.
Councilmember Benham referred the issue of
the bench removal to staff to determine if it's
appropriate to do so.
12. APPOINTMENTS
None.
13. CONSENT CALENDAR HEARINGS
None.
14. HEARINGS
a. Public Hearing to consider PG & E Franchise
Renewals.
1. First Reading of Ordinance granting to FR
PG & E a franchise for distributing electricity
within the City.
2. First Reading of Ordinance granting to FR
PG & E a franchise for distributing gas within
the City.
Assistant City Clerk Gafford announced
correspondence was received with one in support
and seven in opposition.
7 3 ..~
Bakersfield, California, September 17, 2008 -Page 9 _
14. HEARINGS continued
Item 14.a. continued
Assistant City Manager Stinson made staff
comments and recommended approval of a one
percent of gross annual sales for electricity for an
indeterminate term, that the City proceed with the
application to the PUC of the additional one percent
surcharge for electricity and gas, and that any
additional surcharge revenue would be earmarked
for road and highway projects.
City Manager Tandy made additional staff
comments regarding the issue of roads and
highways as it relates to the PG&E franchise for
electricity.
Hearing opened at 7:16 p.m.
Terry Arnold, Mack Wimbish, Dennis Reagan, Steve
Toll, Kevin O'Neill and Tom Parks spoke in
opposition to the one percent surcharge for
electricity.
Brent Rush, with PG&E, and Jim Baldwin, with
BARC, spoke in support of the franchise ordinances.
Debbie Moreno, President and CEO of the Greater
Bakersfield Chamber of Commerce, spoke in
support of the franchise agreement and stated, for
the record, that the Chamber does not have a
position on the proposed surcharge.
Michael Turnipseed, with the Kern County
Taxpayers Association, spoke in support of the
extension of the franchise agreement and bringing
the basic fee in line with adopted standards
statewide, but opposes the surcharge without a vote
by the citizens.
ACTION TAKEN
Hearing closed at 7:46 p.m.
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- Bakersfield, California, September 17, 2008 -Page 10
14. HEARINGS continued ACTION TAKEN
Item 14.a. continued
Motion by Vice-Mayor Hanson to accept staff's
recommendation for First Reading of the
Ordinance granting to PG&E a franchise for
distributing electricity within the City of
Bakersfield and the First Reading of the
Ordinance granting PG&E a franchise for
distributing gas within the City of Bakersfield,
and also taking steps to earmark the new
revenue money of 1 percent surcharge plus the
additional half percent fee for the roads
programs.
Councilmember Weir offered a friendly
amendment that at some time in the future it
maybe necessary for staff and Council to
reconsider a sunset provision for the surcharge.
Motion by Vice-Mayor Hanson to accept staff's APPROVED
recommendation for First Reading of the NS BENHAM, COUCH
Ordinance granting to PG&E a franchise for
distributing electricity within the City of
Bakersfield and the First Reading of the
Ordinance granting PG&E a franchise for
distributing gas within the City of Bakersfield,
and also taking steps to earmark the new
revenue money of 1 percent surcharge plus the
additional half percent fee for the roads
programs, and That at some time in the future it
maybe necessary for staff and Council to
reconsider a sunset provision for the surcharge.
b. Public Hearing to consider Resolution to authorize
the Redevelopment Agency to sell 3.8 acres of real
property located at 1401 "S" Street for $660,000 to
Chelsea Investment Corporation for the
development of 70 affordable multi-family
apartments as phase I of the South Mill Creek Mixed
Use Redevelopment Project.
Resolution approving the sale of 3.8 acres of RES iss-08
Real Property located at 1401 "S" Street by
the Redevelopment Agency to Chelsea
Investment Corporation for $660,000.
Bakersfield, California, September 17, 2008 -Page 11
14. HEARINGS continued
Item 14.b. continued
2. Assignment Agreement with the
Redevelopment Agency for the use of $1.0
Million in HOME Investment Partnership
Funds for constructing 70 affordable multi-
family units at 1401 "S" Street with Chelsea
Investment Corporation.
Assistant Economic Development Director Barnhard
made staff comments.
Hearing opened at 9:53 p.m.
No one spoke.
Hearing closed at 9:53 p.m.
Motion by Councilmember Benham to adopt the
Resolution, approve the sale of real property
and approve the Assignment Agreement.
c. Public Hearing to consider the Metropolitan
Bakersfield Regional Transportation Impact Fee,
Phase IV.
Resolution adopting the 2008-2035 Regional
Transportation Facilities List Phase IV, and
adopting nexus.
2. First Reading of Ordinance amending
Chapter 15.84 of the Municipal Code relating
to a Transportation Impact Fee on new
development.
Civil Engineer Shaw initiated a Powerpoint
presentation and made staff comments.
Bob Scales, consultant with Parsons, provided
comments regarding the Kern COG Model Update.
John Shuler, with Rutgers-Shuler, provided
comments regarding the project list and cost
determination.
Administrative Analyst Teglia provided comments
regarding public outreach.
Public Works Director Rojas made staff comments.
ACTION TAKEN
AGR 08-i60
APPROVED
AB COUCH
RES 167-08
FR
;,_ 73q
,, __
City Manager Tandy made staff comments.
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Bakersfield, California, September 17, 2008 -Page 12
14. HEARINGS continued ACTION TAKEN
Item 14.c. continued
Hearing opened at 10:42 p.m.
Dennis Fox spoke in opposition to the staff
recommendation.
Debbie Moreno, President and CEO of the Greater
Bakersfield Chamber of Commerce, spoke in
opposition and submitted a Resolution.
Chris Austin, Developing and Planning Group
representing the HBA of Kern County, spoke in
opposition and submitted a Resolution.
Craig Pope, Kern County Road Commissioner,
spoke in support of the staff recommendation.
Hearing closed at 10:52 p.m.
Councilmember Scrivner requested the
Planning and Development Committee look at
the feasibility of impaneling a citizens advisory
task force to monitor the TIF program.
Councilmember Scrivner referred to the
Planning and Development Committee the issue
of staff providing contingency plans for funding
scenarios related to the TRIP projects.
Councilmember Scrivner referred to the
Planning and Development Committee the issue
of identifying new sources of revenue that are
able to offset the TIF fund.
Councilmember Weir requested the Planning
and Development Committee look at the
feasibility of providing audits on the TIF
program, as well as semi-annual reports on the
TIF revenues and expenses by project.
Motion by Vice-Mayor Hanson to adopt the APPROVED
Resolution and give first reading to the NS COUCH
Ordinance. AB BENHAM
14.
Bakersfield, California, September 17, 2008 -Page 13
HEARINGS continued ACTION TAKEN
d. Public Hearing to consider Resolution authorizing
the City to join the Statewide Community
Infrastructure Program (SCIP); authorizing the
California Statewide Communities Development
Authority to accept applications from property
owners, conduct special assessment proceedings
and levy assessments within the territory of the City;
approving the form of acquisition agreement for use
when applicable; and authorizing related actions.
Finance Director Smith made staff comments.
Hearing opened at 11:56 p.m.
Nick Ortiz, Greater Bakersfield Chamber of
Commerce, asked for staff clarification.
City Manager Tandy responded.
Hearing closed at 11:58 p.m.
15.
16.
17.
18.
Motion by Vice-Mayor Hanson to adopt the
Resolution authorizing the City of Bakersfield to
join the Statewide Community Infrastructure
Program.
REPORTS
None.
DEFERRED BUSINESS
None.
NEW BUSINESS
None.
COUNCIL AND MAYOR STATEMENTS
Vice-Mayor Hanson asked Public Works Director Rojas
to report back to him regarding the Kroll Park situation.
Vice-Mayor Hanson referred to staff a letter from the
City of Anaheim's Mayor regarding issues or
opportunities wifh employee benefits health programs
and exclusive care.
RES 168-08
APPROVED
AB BENHAM
741
Councilmember Sullivan announced that Councilmember
Scrivner is having another boy.
7 4 2 Bakersfield, California, September 17, 2008 -Page 14
18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Mayor Hall announced Louis Peralez, Street Maintenance
Superintendent, celebrated 40 years of City service on
September 10t"; Captain Bob Bivens of the Police
Department, on September 6t", celebrated 20 years; and
Assistant Police Chief Lyle Martin, on September 6m
celebrated 20 years, and thanked these employees for 80
years of City service.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 12:02 a.m.,
September 18, 2008.
ATTEST:
CITY CLERK and Ex Officio CI of
the Council of the City of Bakersfie