HomeMy WebLinkAbout01/28/09 CC MINUTES. ~~!~ x;31
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 28, 2009
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
Assistant City Clerk Gafford announced that Closed
Session item 8.a. has been removed by the City Attorney
and Hearing item 14.a. has been withdrawn by the
Appellant.
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Benham, Weir, Hanson,
Sullivan
Absent: Councilmembers Carson, Couch
L
The Invocation and Pledge were moved forward to this
location.
10. INVOCATION by Jason Klopfenstein, Associate Pastor,
Rosedale Bible Church.
11. PLEDGE OF ALLEGIANCE by Sarah Varela, Student at
Olive Knolls Christian School.
Mayor Hall recognized Boy Scout Troop 53 and Assistant
Scoutmaster Matt Tinney in attendance.
Mayor Hall announced that Closed Session item 8.a. has
been removed by the City Attorney and Hearing item 14.a.
has been withdrawn by the Appellant; and therefore, all
business on this evening's agenda will be heard at this
time, and the City Council will not be reconvening at 6:30
p.m.
ACTION TAKEN
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3.
4.
Bakersfield, California, January 28, 2009 -Page 2
PUBLIC STATEMENTS ACTION TAKEN
Marvin Dean spoke regarding the Second Annual San
Joaquin Valley Public Contracting Procurement Expo;
asked for someone from the City to give a welcome at the
awards ceremony on January 29th and the morning of
January 30th; and provided a copy of the program.
Vice Mayor Scrivner asked staff to contact Mr. Dean to
determine who from the City can participate.
Mayor Hall announced he could attend to give a welcome
on Friday, January 30th, at 8:30 a.m.
WORKSHOPS
None.
PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Della
Hodson, President/Chief Professional Officer,
United Way of Kern County, declaring January 30,
2009 Earned Income Tax Credit Awareness Day.
Della Hodson received the Proclamation and made
comments.
b. Presentation by Mayor Hall of Proclamation to
Sandra Magee, Founder and President, Alternative
Dental Hygiene of California, declaring February
Children's Dental Health Month.
Sandra Magee received the proclamation and made
comments.
5.
APPOINTMENTS
a. One appointment to the Bakersfield Redevelopment
Agency due to the resignation of Thomas P. Mishoe,
term expiring April 22, 2010.
Mayor Hall nominated James Knapp.
Motion by Vice-Mayor Scrivner to ratify the APPROVED
nomination of James Knapp to the Bakersfield AB CARSON,
Redevelopment Agency. COUCH
Mayor Hall acknowledged Tom Mishoe for 10 years
of service to the Bakersfield Redevelopment
Agency.
Bakersfield, California, January 28, 2009 -Page 3 G ;S
APPOINTMENTS continued ACTION TAKEN
5.
b. One appointment to the Planning Commission due
to the resignation of William Andrews, term expiring
April 30, 2011.
Motion by Councilmember Benham to appoint
Vernon "David" Strong, Jr., as the Ward i
nomination to the City of Bakersfield Planning
Commission.
CONSENT CALENDAR
Minutes:
6.
a. Approval of minutes of the January 14, 2009
Regular City Council Meeting.
Payments:
b. Approval of department payments from January 1,
2009 to January 15, 2009 in the amount of
$16,631,779.99 and self-insurance payments from
January 1, 2009 to January 15, 2009 in the amount
of $110,141.31.
Ordinances:
c. First Reading of the following Ordinances:
1. Amending Section 3.12 020 of the Municipal
Code relating to presentation of claims
against the City.
2. Amending Section 8.80 170 of the Municipal
Code relating to payments to the Finance
Director regarding abatement of public
nuisances.
3. Amending Sections 14.04.050 and
14.04.100 relating to payments to the City
Treasurer regarding bills for water service in
the Ashe Water Service Area.
d. Adoption 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.
APPROVED
AB CARSON,
COUCH
ABS WEIR
FR
FR
FR
ORD 4560
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Bakersfield, California, January 28, 2009 -Page 4
CONSENT CALENDAR continued ACTION TAKEN
e. Adoption of Ordinance amending Municipal Code ORD 4561
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, south of Blomquist Drive and east of Fiorito
Street to Ward 1, Annexation No. 555 consisting of
44.03 acres located on the north side of Snow
Road, west of the Calloway Canal to Ward 4 and
Annexation No. 496 consisting of 49.5 acres located
south of McCutchen Road, west of Gosford Road to
Ward 5.
Resolutions:
f. Resolution authorizing the transfer of unclaimed
money ($9,177.39) to the General Fund. RES 004-09
g. Resolution confirming approval by the Assistant City RES oo5-os
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.
h. Emergency replacement of chiller compressor at
Police Department:
1. Resolution dispensing with formal bidding RES oos-09
procedures due to emergency replacement
of chiller compressor at Police Department,
not to exceed $60,000.
2. Accept bid and award contract to Hillcrest Air AGR 09-012
Conditioning & Sheet Metal, Inc. ($53,235)
for replacement of the chiller compressor.
3. Transfer $60,000 from a budgeted Public
Works Department Capital Improvement
Project (Resurfacing, VLF Phase II) to the
Chiller Replacement Project within the
Capital Outlay Fund.
Changes to the salary schedule:
1. Amendment No. 2 to Resolution No. 136-08 RES 136-08(2)
setting salaries and related benefits for
officers and employees of the General
Supervisory, Police Supervisory (non safety)
and Management Units.
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Bakersfield, California, January 28, 2009 -Page 5
CONSENT CALENDAR continued ACTION TAKEN
Item 6.i. continued
2. Amendment No. 1 to Resolution No. 140-08 RES 140-08(i)
approving Memorandum of Understanding
for employees of the Blue and White Collar
Units and adopting salary schedule and
related benefits.
j. Public Employees' Retirement System (PERS):
1. Resolution of Intention to approve RES 007-09
Amendment No. 6 to Agreement No. 97-39
with the Board of Administration of PERS.
2. First Reading of Ordinance authorizing an FR
amendment to the Contract of Administration
of the Board of Administration of PERS to
provide Section 21548 Pre-Retirement
Optional Settlement 2 Death Benefit to Local
Miscellaneous Members in Groups 70001 &
70002.
Agreements:
k. Wireless Internet Service in City Parks:
1. License Agreement with Bright House AGR 09-013
Networks to provide wireless internet service
in Central Park.
2. License Agreement with Bright House AGR 09-014
Networks to provide wireless internet service
in Aera Park.
I. Earth Day Grant:
1. Agreement with California State Parks AGR 09-015
Foundation to accept Earth Day Grant
($3,000) sponsored by P.G. & E.
2. Appropriate $3,000 from the California State
Parks Foundation Grant to the Recreation &
Parks Department, Park Operations Budget.
m. Agreement with County of Kern ($375,000 AGR 09-016
Community Development Block Grant Funds) to
install a spray area mini-park. (Casa Loma Park)
n. Agreement with State of California Department of AGR 09-017
Transportation (Caltrans) to widen Rosedale
Highway between State Route 99 and State Route
43. (TRIP)
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Bakersfield, California, January 28, 2009 -Page 6
6. CONSENT CALENDAR continued ACTION TAKEN
o. Amendment No. 1 to Agreement No. 05-024 with
Niemeyer & Associates, PC ($8,000) to extend term
four months to May 31, 2009 for track inspection
services for the AMTRAK Railroad from H Street to
Union Avenue.
p. Amendment No. 2 to Agreement No. 07-184 with
Griswold, LaSalle, Cobb, Dowd & Gin, LLP (not to
exceed $150,000) to provide outside legal services
for handling of right-of-way/eminent domain cases
for the Westside Parkway Project.
q. Contract Change Order No. 3 to Agreement No. 08-
089 with Rudnick Fence Co. ($42,900; revised not
to exceed $450,256) for the Mill Creek Linear Park -
Phase 1 Project.
r. Contract Change Order Nos. 14 & 15 to Agreement
No. 07-304 with Security Paving Construction
($66,044.74; revised not to exceed $29,678,372.84)
for the State Route 178 and Fairfax Road
Interchange Project. (TRIP)
Bids:
s. Reject bid for the vapor recovery systems at the
Corporation Yard and Police Department.
t. Reject bid for elevator modernization for City Hall
North.
u. Accept bid from Golden State Peterbilt
($242,780.51) for three (3) replacement brush trucks
for Recreation and Parks Department.
v. Accept bid from Nixon-Egli Equipment Co.
($278,850) for one (1) replacement street sweeper
for Streets Division.
Miscellaneous:
w. Traffic signal and lighting system installation at the
intersections of Harris Road and Old River; Hosking
Avenue and Union Avenue; and, Jewetta Avenue
and Noriega:
AGR 05-024(1)
AGR 07-184(2)
AGR 08-089
0003
AGR 07-304
00014, 00015
Bakersfield, California, January 28, 2009 -Page 7
6. CONSENT CALENDAR continued
Item 6.w. continued
Appropriate $200,078 Federal Congestion
Management Air Quality (CMAQ) funds for
the project at Harris Road and Old River;
$200,078 Federal CMAQ funds for the
project at Hosking Avenue and Union
Avenue; and $200,078 Federal CMAQ funds
for the project at Jewetta Avenue and
Noriega to the Public Works Department
Capital Improvement Budget within the
SAFETEA-LU Fund.
2. Transfer $30,000 from a budgeted Public
Works Department Capital Improvement
Project (Miscellaneous Transportation
Construction) to the project at Jewetta
Avenue and Noriega within the
Transportation Development Fund for the
City's local match.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income on item 6.6.
Motion by Vice-Mayor Scrivner to approve Consent
Calendar items 6. a. through 6. w.
7. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution making
findings and updating the Capital Improvement
Plan for the Metropolitan Bakersfield Habitat
Conservation Plan.
b. Public Hearing to consider the proposed
expenditure plan for the Supplemental Law
Enforcement Services Funding (S.L.E.S.F.) grant.
1. Appropriate $131,025 State Grant revenues
to the Police Department Operating Budget
within the S.L.E.S.F. Fund.
c. Public Hearing to consider Resolution to authorize
the Bakersfield Redevelopment Agency to sell 1.91
acres of real property located between R Street, S
Street, 14`h Street and California Avenue for
$1,000,001 (forgivable note) to CREEKVIEW
VILLAS, LLC (Southwest Consulting, Inc.) for the
development of 36 affordable multi-family town-
homes as Phase 2 of the South Mill Creek Mixed
Use Redevelopment Project.
ACTION TAKEN
APPROVED
AB CARSON,
COUCH
RES 008-09
RES 009-09
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Bakersfield, California, January 28, 2009 -Page 8
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CONSENT CALENDAR HEARINGS continued
Consent Calendar Hearings opened at 5:39 p.m.
No one spoke.
Consent Calendar Hearings closed at 5:40 p.m.
Motion by Vice-Mayor Scrivner to approve Consent
Calendar Hearing items 7.a. through 7.c.
8. 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)
12. CLOSED SESSION ACTION
None.
13. PUBLIC STATEMENTS
None.
14. HEARINGS
a. Public Hearing to consider Resolution denying an
appeal by McIntosh and Associates on behalf of
Nickel Family, LLC and upholding the Board of
Zoning Adjustment decision approving Conditional
Use Permit No. 08-1482 on 13.97 acres in an R-1
(One Family Dwelling) zone located at 18200
Highway 178. (Applicant: Bruce E. Keith/Property
Owner: ASC Treatment Group)
15. REPORTS
None.
16. DEFERRED BUSINESS
None.
17. NEW BUSINESS
None.
18. COUNCIL AND MAYOR STATEMENTS
Vice-Mayor Scrivner referred to staff for a response a
letter from the HBA regarding various fees.
Councilmember Sullivan referred to staff a streetlight
that is out.
ACTION TAKEN
APPROVED
AB CARSON,
COUCH
REMOVED BY
CITY ATTORNEY
WITHDRAWN BY
APPELLANT
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Bakersfield, California, January 28, 2009 -Page 9 V ~ ~' `'
18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Sullivan announced she attended the
centennial celebration this morning of the Hall of Records.
Councilmember Hanson asked TRIP to bring a report
regarding the Westpark area realignment to City
Council on February 25t".
Councilmember Hanson mentioned he received a
suggestion from a constituent that the recycling bins be
picked up once a month instead of every two weeks in
order to save resources.
19. ADJOURNMENT
Mayor Hall adjourned the meefin_q at 5:46 p.m.
ATTEST:
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CITY CLERK and Ex Officio CI rk of
the Council of the City of Baker ' fi Id
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Bakersfield, California, January 28, 2009-Page 10
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