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Home My WebLink About01/14/09 CC MINUTES~~ BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 14, 2009 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, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan Absent: Vice-Mayor Scrivner 2. PUBLIC STATEMENTS None. 3. WORKSHOPS a. Report on status of professional baseball in Bakersfield. City Manager Tandy gave an oral report. 4. CLOSED SESSION a. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for Robert Pratt v City (KCSC Case Nos. S-1500-CV-253264-AEW, S-1500-CV-259414-AEW & S-1500-CV-261666- AEW) b. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Maria Stewart v Mark Calvillo, City, et al (USDC, Eastern District, Case No. 1:07-CV- 00495-LJO-N EW) 2. Michael Stewart v City, et al (KCSC Case No. S-1500-CV-258510-LPE) c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 ~~~ Bakersfield, California, January 14, 4. CLOSED SESSION continued Motion by Councilmember Hanson to adjourn the meeting to Closed Session at 5:46 p.m. Motion by Councilmember Benham to adjourn from Closed Session at 6:54 p.m. RECONVENED MEETING - 7:01 p.m. 5. ROLL CALL Present: Mayor Hall, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan, Absent: Vice-Mayor Scrivner 2009 -Page 2 ACTION TAKEN APPROVED AB SCRIVNER APPROVED AB SCRIVNER 6. INVOCATION by Councilmember Carson. 7. PLEDGE OF ALLEGIANCE by Lian McQueen, 3rd Grade Student at Del Rio Elementary School. Mayor Hall recognized Boy Scout Troop 16 and Troop Leader Steve Gardener; Boy Scout Troop 333 and Troop Leader Tim Hoyt; and Boy Scout Troop 712 and Troop Leaders Jeff Dunn and Jack Griffith. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel -Existing Litigation; DIRECTION GIVEN Closed Session pursuant to subdivision (a) of TO CITY ATTORNEY Government Code Section 54956.9 for Robert Pratt v City (KCSC Case Nos. S-1500-CV-253264-AEW, S-1500-CV-259414-AEW & S-1500-CV-261666- AEW) b. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Maria Stewart v Mark Calvillo, City, et al (USDC, Eastern District, Case No. 1:07-CV- 00495-LJO-N EW ) 2. Michael Stewart v City, et al (KCSC Case No. S-1500-CV-258510-LPE) c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 NO REPORTABLE ACTION NO REPORTABLE ACTION NO REPORTABLE ACTION ~~~ 9. 10. Bakersfield, California, January 14, 2009 -Page 3 PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Erica George, Miss Teen Bakersfield 2008, declaring January 14, 2009 as Erica George Day. City Clerk McCarthy announced this item was removed from the Agenda. PUBLIC STATEMENTS a. David Gordon spoke regarding the Big Read Literacy Program kickoff and provided written information. 11. APPOINTMENTS a. One appointment to the Golden Empire Transit District Board due to the expiration of term of Howard Silver, term expired January 6, 2009. City Clerk McCarthy announced there is one position available and one applicant: Howard Silver. Motion by Councilmember Hanson fo reappoint Howard Silver to the Golden Empire Transit Districf Board. b. Appointments to City Council Committees and other special committees and boards by Vice-Mayor Scrivner for 2009-2010. City Clerk McCarthy read into the record Vice-Mayor Scrivner's appointments. BUDGET AND FINANCE Harold Hanson - Chairperson Irma Carson Ken Weir COMMUNITY SERVICES Jacquie Sullivan -Chairperson Sue Benham David Couch SAFE NEIGHBORHOODS Irma Carson -Chairperson Sue Benham Jacquie Sullivan LEGISLATION AND LITIGATION Sue Benham -Chairperson David Couch Jacquie Sullivan ACTION TAKEN REMOVED APPROVED AB SCRIVNER ~z Bakersfield, California, January 14, 2009 -Page 4 11 APPOINTMENTS continued ACTION TAKEN Item 11.b. continued PERSONNEL Ken Weir -Chairperson Irma Carson Zack Scrivner PLANNING AND DEVELOPMENT Zack Scrivner -Chairperson Harold Hanson Ken Weir WATER RESOURCES David Couch - Charrperson Harold Hanson Zack Scrivner KERN COUNCIL OF GOVERNMENTS Zack Scrivner Harold Hanson (alternate) KERN ECONOMIC DEVELOPMENT CORPORATION Donna Kunz -Appointee KERN COUNTY MUSEUM AUTHORITY Harvey L. Hall -Appointee SOLID WASTE MANAGEMENT ADVISORY COMMITTEE Ken Weir -Appointee Harold Hanson -Alternate PLANNING COMMISSION LIAISON Zack Scrivner LAFCO David Couch -Appointee Harold Hanson -Alternate SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT Zack Scrivner -Appointee Motion by Councilmember Hanson to ratify Vice-Mayor APPROVED Scrivner's appointments. AB SCRIVNER 12. Bakersfield, California, January 14, 2009 -Page 5 CONSENT CALENDAR ACTION TAKEN Minutes: a. Approval of minutes of the December 17, 2008 Regular City Council Meeting. Payments: b. Approval of department payments from December 5, 2008 to December 31, 2008 in the amount of $30,293,773.59 and self-insurance payments from December 5, 2008 to December 31, 2008 in the amount of $382,490.10. Ordinances: L c. First Reading of Ordinance amending Municipal Code Section 16.08.155 adding a definition of timely filing of a final map and Chapters 16.20 & 16.22 adding related text for timely filing procedures. d. First Reading of Ordinance amending Municipal Code Sections 1.12.010, 1.12.040 and 1.12.050 by adding Annexation No. 560 consisting of 7,484 square feet located south of Blomquist Drive, east of McDonald Way and north of Belle Terrace; Annexation No. 577 consisting of 0.52 acres located north of Belle Terrace and Annexation No. 577 consisting of 0.52 acres located north of Belle Terrace, south of Blomquist Drive and east of Fiorito Street to Ward 1, Annexation No. 555 consisting of 42.73 acres located on the north side of Snow Road, west of the Calloway Canal to Ward 4 and Annexation No. 496 consisting of 44.9 acres located south of McCutchen Road, west of Gosford Road to Ward 5. e. Adoption of the following Ordinances (FR 12/17/08): Amending Section 2.40.050 § A relating to powers and duties of Director and Assistant Director of Emergency Services. 2. Amending Section 17.64.060 § E relating to modifications and conditional use permits. 3. Amending Section 15.66.030 §A.3.b.iii & C.1 relating to drilling for and production of petroleum permits, and Section 15.66.040 § C.2, C.3 & C.7.b relating to development standards for Class 1 permits. ABS WEIR FR FR ORD 4556 ORD 4557 ORD 4558 ~S L ~~ Bakersfield, California, January 14, 2009 -Page 6 12. CONSENT CALENDAR continued ACTION TAKEN Item 12.e.4. continued 4. Deleting Section 17.68.020 §G relating to ORD 4559 unreinforced masonry buildings. Resolutions: f. Resolution supporting the sale of PG&E Kern Power REMOVED FOR Plant property to World Oil Corp. SEPARATE CONSIDERATION g. Sewer Connection Fee Assessment: Resolution confirming assessments for the RES o02-09 connection fee and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with William L. Carr and Alma P. AGR 09-001 Carr, 2517 Teresa Way, to pay connection fee in installments of notice of special assessment lien. h. COPLINK Data Management/Exchange Software for the Police KC Re-Dex Project: Resolution determining that data RES 003-09 management and exchange software compatible with both police records management system (Versaterm) and exchange software used by majority of California law enforcement agencies in Southern California cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore and purchase one COPLINK data management and exchange software system from Knowledge Computing Corp., not to exceed $145,000. 2. Agreement with Knowledge Computing AGR 09-002 Corp. ($145,000) to purchase COPLINK Software to provide the Police Department the platform to host the Kern County Data Exchange. 3. Appropriate $100,000 Asset Forfeiture funds to the Police Department Capital Improvement Budget within the Capital Outlay Fund for the Kern Law Enforcement Re-Dex Project. ~~~ Bakersfield, California, January 14, 2009 -Page 7 12. CONSENT CALENDAR continued ACTION TAKEN Agreements: Cooperative Agreement with the State of California Department of Transportation for the Hageman Flyover Project. (TRIP) Auburn Street Realignment Project: Approve Memorandum of Understanding regarding the exchange of real property with Canyon Hills Assembly of God Church (Canyon Hills) for the project. 2. Approve Agreement with Canyon Hills Assembly of God Church for the installation of landscape and irrigation system in the medians. 3. Approve Landscape Maintenance and License Agreement with the Canyon Hills Assembly of God Church for the maintenance of landscape and irrigation system in the medians. 4. Approve Amendment No. 2 to Agreement PW 07-097 with Ruettgers and Schuler Civil Engineers ($32,234.45; total not to exceed $71,734.45) for engineering design services. 5. Accept low base bid and award contract to Griffith Company ($1,079,488) to construct Auburn Street Realignment. k. Amendment No. 1 to Agreement No. CA08-013 with Aleshire & Wynder, LLP (total not to exceed $80,000) for outside legal services for redevelopment and/or other miscellaneous matters as directed by City Attorney. Amendment No. 1 to Agreement No. 06-173 with Columbus Avenue Housing Partners assigning its interest to Columbus Haven, LP (GEAHI-II) for the construction of a 56 affordable apartment complex (Residences at West Columbus) located at 500 West Columbus Street. m. Amendment No. 1 to Agreement No. 06-208 with Dokken Engineering ($2,272,000; total not to exceed $6,685,674) for engineering design services for the Westside Parkway Project Phase IV. (TRIP) REMOVED FOR SEPARATE CONSIDERATION AGR 09-004 AGR 09-005 AGR 09-006 AGR 09-007 AGR 09-008 AGR 09-009 AGR 06-173(1) AGR 06-208(1) ~S 12. Bakersfield, California, January 14, 2009 -Page 8 CONSENT CALENDAR continued n. Amendment No. 5 to Agreement No. 04-214 with Parsons Water and Infrastructure ($1,976,884; total not to exceed $14,943,480) for design and construction services for Wastewater Treatment Plant No. 3 - 2007 Expansion Project. o. Wastewater Treatment Plant No. 3 - 2007 Expansion Project: Contract Change Order No. 4 to Agreement No. 07-302 with Kiewit Pacific Corp. ($399,495; total not to exceed $212,318,515). 2. Transfer $399,495 contingency established for Wastewater Treatment Plant No. 3 Expansion Project to the Public Works Department Capital Improvement Budget. Bids: p. Accept bid and award contract to Carrier Corp. ($48,896) for replacement of the cooling tower at the Convention Center. q. Extend bid from Blackhole Technologies, Inc. ($99,857.26) for 140 additional vehicle on-board tracking systems (GPS units) for the Public Works Department. Reject bids for roof replacement at Martin Luther King, Jr. Center, 1000 South Owens Street. Miscellaneous: s. Appropriate $20,000 contribution from Parsons Corp. for landscape improvements at Aera Park to the Recreation & Parks Capital Improvement budget within the Capital Outlay Fund. Right of Entry Agreement with PG&E to replace 34" natural gas line on city owned property (future Sports Village site located on the north side of Taft Highway between Ashe Road and Gosford Road) in the amount of $90,500. City Clerk McCarthy announced correspondence was received from World Oil Corp. in support of item 12.f. ACTION TAKEN AGR 04-214(5) AGR 07-302 0004 AGR 09-010 AGR 09-011 Councilmember Weir announced he would abstain due to conflict of interest, source of income on item 12.b. Bakersfield, California, January 14, 2009 -Page 9 12. CONSENT CALENDAR continued ACTION TAKEN Motion by Councilmember Hanson to approve Consent APPROVED Calendar items 12.a. through 12.t, with the removal of AB SCRIVNER items 12.f. and 12.i. for separate consideration, as requested by Councilmember Couch. 12. CONSENT CALENDAR continued f. Resolution supporting the sale of PG&E Kern Power RES 001-09 Plant property to World Oil Corp. Motion by Councilmember Couch fo approve Consent APPROVED Calendar ifem 12.f. AB SCRIVNER i. Cooperative Agreement with the State of California AGR 09-003 Department of Transportation for the Hageman Flyover Project. (TRIP) Motion by Councilmember Couch to approve Consent APPROVED Calendar item 12.i. AB SCRIVNER 13. CONSENT CALENDAR HEARINGS None. 14. HEARINGS None. 15. REPORTS a. Update on Capital Improvement Program Budget. Assistant Public Works Director Underwood introduced Arnold Ramming, Civil Engineer IV, of the Design Division for the Public Works Division Department, who provided an overview of the Capital Improvement Program. Councilmember Benham requested staff start planning for the landscape at the southeast corner of 24th and Oak streets. Motion by Councilmember Hanson to accept the report. 16. DEFERRED BUSINESS None. 17. NEW BUSINESS None. APPROVED AB SCRIVNER ~S ~ ~~ Bakersfield, California, January 14, 2009 -Page 10 18. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN Councilmember Couch thanked staff Councilmember Benham referred to staff correspondence concerning the impact of the TRIP project at 901 Mohawk Street. Councilmember Benham asked staff to look at making sidewalk repairs at 2000 K Street. Councilmember Benham asked staff to look into repairing the alley behind 4201 California Avenue. Councilmember Benham asked staff for assistance in responding to a constituent regarding Dish TV. Councilmember Hanson asked staff to respond to a citizen with numerous concerns relating to Police, Public Works and Parks. Councilmember Hanson congratulated Mayor Hall on his Installation on January Stn Councilmember Carson announced she is looking forward to celebrating the upcoming Presidential Inauguration. Councilmember Carson pointed out that various activities are occurring next week relating to the Martin Luther King, Jr. Holiday. Councilmember Carson requested that the meeting be adjourned in honor of the memory of Gemelia Hall Herring, one of the founding family members of Allensworth. Councilmember Sullivan announced she was also at the Installation Ceremony for Mayor Hall, appreciates everything he does for the community, and wished him well in his new term. Councilmember Sullivan announced her thoughts are with Vice-Mayor Scrivner and his wife, Christina, as they await the birth of their new baby. Councilmember Sullivan asked staff to check on who is responsible for repairing the block wall that someone has run into in southwest Bakersfield. fi~9 Bakersfield, California, January 14, 2009 -Page 11 18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Sullivan stated she felt that there should not be "no burn" days between Thanksgiving and January 1gt, and would like to see this recommendation made to fhe San Joaquin Valley Air Pollution Confrol District. Councilmember Sullivan asked that Stockdale Highway be added to the list for median upgrades. Councilmember Sullivan wished everyone a Happy New Year. Mayor Hall announced he looks forward to another four years of continuing to serve the residents of Bakersfield. Mayor Hall encouraged any persons or groups interested in getting involved in beautifying Bakersfield because the City is in need of volunteers to help with various beautification efforts, through Keep Bakersfield Beautiful Committee. 19. ADJOURNMENT O~~~f Mayor Hall adjourned fhe meeting at 7:54 p.m. in honor of Mrs. Gemelia Hall Herring. $ ~ ~ Bakersfield, California, January 14, 2009 - Page 12 ****THIS PAGE INTENTIONALLY LEFT BLANK****