HomeMy WebLinkAbout03/11/09 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
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MEETING OF MARCH 11, 2009
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Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
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REGULAR MEETING - 5:15 p.m. ACTION TAKEN
1. ROLL CALL
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Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Couch, Weir,
Hanson, Sullivan
Absent: Councilmember Benham
2. INVOCATION by Reverend Denzil Holman, Aspostolic
Revival Center.
3. PLEDGE OF ALLEGIANCE by Nicholas Lane, 8'h Grade
Student, Freedom Middle School
Mayor Hall recognized Nicholas Lane, who read an essay
regarding American Veterans.
4. PUBLIC STATEMENTS
a. Gene Tackett spoke regarding a High Speed Rail
scoping meeting on March 26, from 3:00 - 7:00
p.m., at the Rabobank Theater lobby, and provided
written material.
b. Marvin Dean requested the removal for separate
consideration of Consent Calendar items 9.a., 8.j.
and 8.u., provided written material and spoke
regarding the Federal Highway Administration's
implementation of its 2009 Disadvantaged Business
Enterprise program.
5. WORKSHOPS
None.
L' U Bakersfield, California, March 11, 2009 - Page 2
6. PRESENTATIONS ACTION TAKEN
a. Presentation by Mayor Hall of a Proclamation to
Judy Normoyle, Legacy One, declaring April as
National Donate Life Month.
Judy Normoyle received the Proclamation and made
comments.
b. Presentation by Mayor Hall of a Proclamation to
Susan Handy, Director of Adult Education, Kern
High School District, declaring March 9-13, 2009, as
Adult Education Week.
Susan Handy received the Proclamation and made
comments.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 25, 2009
Regular City Council Meeting.
Payments:
ABS WEIR
b. Approval of department payments from February 13,
2009 to February 26, 2009 in the amount of
$7,499,736.10 and self-insurance payments from
February 13, 2009 to February 26, 2009 in the
amount of $197,622.62.
Ordinances:
C. Adoption of Ordinance amending Municipal Code ORD 4567
Sections 1.12.010, 1.12.060 and 1. 12.070 by adding
Annexation No. 580 consisting of 1.20 acres located
on the south side of Highway 58, east of South Real
Road and Annexation No. 585 consisting of 3.32
acres located on the south side of Wilson Road,
between S. Chester Avenue and S. P Street to
Ward 1; Annexation No. 575 consisting of 21.20
acres located at the southeast corner of Taft
Highway and Gosford Road to Ward 6; and,
Annexation No. 592 consisting of 0.37 acres located
at 5701 Akers Road, east of Harris Road to Ward 7.
(FR 2/25/09)
Bakersfield, California, March 11, 2009 - Page 3
8. CONSENT CALENDAR continued ACTION TAKEN
d. Adoption of Ordinance amending Title 17 of the ORD 4568
Municipal Code (Zone Map Nos. 104-01, 104-10,
104-11, 104-12 & 105-6) to change the zoning on
approximately 1,863 acres generally located to the I
east of Alfred Harrell Highway and extends to the
City's eastern boundary encompassing both sides of
State Route 178. (ZC 06-1722) (Applicant:
McIntosh & Associates) (FR 2111109)
e. Adoption of Ordinance approving a Negative ORD 4569 {
Declaration, denying the appeal and amending Title ABS COUCH
17 of the Municipal Code (Zone Map No. 103-30) by
changing the zoning from OS (Open Space) to C-C
(Commercial Center) on 2.5 acres located east of
the Kern Island Canal between 19th and 21st Streets.
(ZC 08-1238) (Applicant: City) (FR 2(11/09)
Resolutions:
f. Sewer Construction and Connection Fee
Assessment for 4408 Joseph Drive:
1. Resolution confirming assessments for the RES 027-09
construction and connection fees and
authorizing the collection of assessments by
the Kern County Tax Collector.
2. Agreement with Wynandus E. Blaauw to pay AGR 09-027
construction and connection fees in
installments and notice of special
assessment lien.
g. Resolution calling and giving notice of holding a RES 028-09
Special Municipal Election ordering territory
designated as Kimberly No. 1 Annexation to be
annexed to the City subject to confirmation by the
registered voters which shall be held on Tuesday,
June 16, 2009.
h. Motorola Radio Equipment:
1. Resolution determining that Motorola radio RES 029-09
equipment cannot be obtained through usual
bidding procedures and authorizing the
Finance Director to dispense with bidding
therefore, not to exceed $440,000.
2. Approve purchase of replacement portable
radios and related equipment from Motorola
Communications, Inc. ($440,000).
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Bakersfield, California, March 11, 2009 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
i. Resolution authorizing filing of application, verifying RES 030-09
that sufficient funds are available and that all other
matters requisite to awarding the contract for the
Grade Separation on Mohawk Street at the
Burlington Northern and Santa Fe Railway Tracks
will be undertaken. (TRIP)
Agreements:
j. Agreement with Nolte Associates, Inc.
($4,193,571.48) for construction management REMOVED FOR
services for Westside Parkway Phase 1 - Mohawk SEPARATE
Extension. (TRIP) CONSIDERATION
k. Agreement with William Avery & Associates, Inc.
(total not to exceed $49,800, including expenses) AGR 09-029
for negotiation and consultant services in employer-
employee relations for a term of one (1) year.
1. Amendment No. 1 to Agreement No. PW08-056 with AGR 09-030
Abacus IMT ($39,000; revised total not to exceed
$79,900) for repair and maintenance of
cogeneration engine systems at Wastewater
Treatment Plant Nos. 2 and 3.
M. Amendment No. 1 to Agreement No. 08-175 with M. AGR 08-175(1)
H. Wolfe & Associates Environmental Consultants,
Inc. ($45,528.25; revised total not to exceed
$123,171.25) to expand the scope of work for
providing environmental monitoring for the Allen
Road Bridge of the Kern River Project.
n. Amendment No. 1 to Agreement No. 05-132 with AGR 05-132(1)
H & H Engineering Construction, Inc. for repair and
maintenance of Bakersfield Amtrak Railroad
(extends contract term; no increase in
compensation).
o. Amendment No. 1 to Agreement No. 08-048 with AGR 08-048(1)
San Joaquin Fence & Supply extending term for one
(1) year for fencing.
p. Amendment No. 2 to Agreement No. 07-084 with AGR 07-084(2)
Jim Alfter Construction ($100,000; revised total not
to exceed $350,000) extending term for one (1) year
for canal liner repair.
q. Amendment No. 2 to Agreement No. 05-008 with AGR 05-008(2)
Kennedy/Jenks Consultants ($112,900; revised total
not to exceed $337,900) to update the City's
Domestic Water System Hydraulic Model.
Bakersfield, California, March 11, 2009 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
r. Wastewater Treatment Plant No. 3 - 2007
Expansion Project:
AGR 07-302
1. Contract Change Order No. 5 to Agreement 0005
No. 07-302 with Kiewit Pacific Corp.
($400,815; revised total not to exceed
$212,719,330) for project.
2. Transfer $400,815 contingency established
for the Wastewater Treatment Plan No. 3
Expansion Project to the Public Works
Department Capital Improvement Budget.
S. Contract Change Order No. 3 to Agreement No. AGR 07-422
07-422 with Griffith Company (73,144.14; revised 0003
total not to exceed $6,096,458.73) for the Northeast
Sewer Project - Phase 3.
t. Contract Change Order No. 2 to Agreement No. AGR 08-068
08-068 with Kern Pacific Construction Co. 0002
($65,265.93; revised total not to exceed
$1,725,523.53) for the 22"d Street Storm Drain
Project.
Bids:
U. Mill Creek Linear Park & Canal Refurbishment REMOVED FOR
Project Phases 2, 4, 5A & 5B Park Amenities SEPARATE
Project: CONSIDERATION
1. Accept base bid, additive alternate nos. 1
and 2 and award contract to Elite
Landscaping, Inc. ($3,998,834) for the
construction of project.
2. Transfer $1,000,000 from the Southeast
Redevelopment Project Area Operating
Budget to the Capital Improvement Budget
within the Southeast Project Area Fund.
V. Accept bid and award contract to Loop Electric, Inc. AGR 09-032
($149,393.51) for construction of street
improvement plans for Calloway Drive at Norris
Road.
Miscellaneous:
W. Acceptance of Financial Audit Reports. (Budget &
Finance Committee)
Bakersfield, California, March 11, 2009 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
X. Installation of flashing yellow beacon and handicap
ramp at two existing school crossings located along
Planz Road for Pauly Elementary School and South
High School
1. Appropriate $65,520 California Safe Route to
School grant to the Public Works
Department Capital Improvement Budget
within the Gas Tax Fund for both projects.
2. Transfer $7,280 from a budgeted Public
Works Department Capital Improvement
Project (Traffic Signal Interconnect) within
the Gas Tax Fund to fund the local match
requirement of 10% for both school crossing
projects.
City Clerk McCarthy announced item 8.p. should read
"Amentment No. 2".
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 8.b.
Councilmember Couch announced he would abstain
due to conflict of interest, source of income to himself
and his employer, on items 8.e. and 8.u.
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At the request of Councilmember Carson, items 8.j. and
8.u. were removed for separate consideration.
Motion by Vice-Mayor Scrivner to adopt Consent
Calendar items 8.a. through x., with the removal for APPROVED
separate consideration of items 8.j and u. AB BENHAM
j. Agreement with Nolte Associates, Inc.
($4,193,571.48) for construction management AGR 09-028
services for Westside Parkway Phase 1 - Mohawk
Extension. (TRIP)
City Manager Tandy responded to questions from
Councilmember Carson.
Councilmember Carson requested staff contact
the contractor to see if they can meet with local
workers regarding its hiring practices.
Motion by Councilmember Carson to adopt APPROVED
Consent Calendar item 8.j. AB BENHAM
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Bakersfield, California, March 11, 2009 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
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Bids:
U. Mill Creek Linear Park & Canal Refurbishment i
Project Phases 2, 4, 5A & 5B Park Amenities
Project:
1. Accept base bid, additive alternate nos. 1 AGR 09-031
and 2 and award contract to Elite
Landscaping, Inc. ($3,998,834) for the
i
construction of project.
2. Transfer $1,000,000 from the Southeast
Redevelopment Project Area Operating
Budget to the Capital Improvement Budget
within the Southeast Project Area Fund.
At the request of Councilmember Carson, Economic
Development Director Kunz responded to questions
regarding item 8.u.2.
Councilmember Carson requested that staff ask
the contractor to consider using local workers.
Motion by Councilmember Carson to adopt item APPROVED
8.u. ABS COUCH
AB BENHAM
9. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution to authorize REMOVED FOR
the Bakersfield Redevelopment Agency to transfer SEPARATE
and sell 1.53 acres of real property located at 1303 CONSIDERATION
S Street in the amount of $1,000,001 and hold a
$2,700,000 zero interest note with a balloon
payment due and payable in 55 years from Millcreek
Courtyard LLC to the Bakersfield Redevelopment
Agency for the development of 57 affordable
apartments as Phase 3 of the South Mill Creek
Mixed Use Redevelopment Project.
City Clerk McCarthy announced correspondence
was received from Jack Bellows, Tom Edmonds and
Ray Reilly in opposition to the staff
recommendation.
Hearing opened at 5:50 p.m.
Councilmember Carson asked that this item be
removed for separate consideration.
City Attorney Gennaro announced this item will be
heard when Council returns from Closed Session.
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Bakersfield, California, March 11, 2009 - Page 8
10. CLOSED SESSION ACTION TAKEN
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
b. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1. Robert Pratt v City; KCSC Case Nos.
S-1 500-CV-253264-AEW,
S-1500-CV-259414-AEW, and
S- 1 500-CV-261666-AEW.
2. Mohamad Harb, et al v City, et al; KCSC
Case No. S-1500-CV-265887-SPC
Motion by Vice-Mayor Scrivner to adjourn to Closed
Session at 5:53 p.m.
Motion by Councilmember Couch to adjourn from
Closed Session at 7.21 p.m.
RECONVENED MEETING - 7:24 p.m.
Councilmember Couch left the meeting at 7:24 pm.
11. CLOSED SESSION ACTION Wei
a. Conference with Labor Negotiator pursuant to NO REPORTABLE
Government Code Section 54957.6. ACTION - STAFF
GIVEN DIRECTION
b. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1. Robert Pratt v City; KCSC Case Nos. NO REPORTABLE
S-1500-CV-253264-AEW, ACTION
S-1500-CV-259414-AEW, and
S-1 500-CV-261666-AEW.
2. Mohamad Harb, et al v City, et al; KCSC STAFF GIVEN
Case No. S-1500-CV-265887-SPC DIRECTION
12. HEARINGS
None.
Bakersfield, California, March 11, 2009 - Page 9
9. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
a. Public Hearing to consider Resolution to authorize RES 031-09
the Bakersfield Redevelopment Agency to transfer
and sell 1.53 acres of real property located at 1303
S Street in the amount of $1,000,001 and hold a
$2,700,000 zero interest note with a balloon
payment due and payable in 55 years from Millcreek
Courtyard LLC to the Bakersfield Redevelopment
Agency for the development of 57 affordable
apartments as Phase 3 of the South Mill Creek
Mixed Use Redevelopment Project.
City Clerk McCarthy announced correspondence
was received, and Council was provided copies,
from Jack Bellows, Tom Edmonds and Ray Reilly in
opposition to the staff recommendation.
Hearing opened at 5:50 p.m.
Marvin Dean spoke in opposition to the staff
recommendation.
No one spoke in support of the staff
recommendation.
Hearing closed at 7:34 p.m.
Economic Development Director Kunz responded to
questions from Councilmembers Carson and
Hanson.
Motion by Vice-Mayor Scrivner to adopt the APPROVED
Resolution and approve the sale of real AB BENHAM,
property. COUCH
13. REPORTS
a. Report on the Status of Budget Reductions.
City Manager Tandy gave an overview with a
computer presentation, and responded to questions
from Councilmembers Hanson, Carson and Mayor
Hall.
Vice-Mayor Scrivner commended City Manager
Tandy and staff for their efforts with this issue.
14. DEFERRED BUSINESS
None.
Bakersfield, California, March 11, 2009 - Page 10
15. NEW BUSINESS ACTION TAKEN
None.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Carson asked for a staff report on
homeless statistics; whether vacant buildings can be
used and remodeled for housing for the homeless; and
the unemployment rate in the City of Bakersfield by
area.
In response to a question by Councilmember Carson,
Police Chief Rector advised that the Bryne JAG Grant is
normally considered one-time monies (i.e., purchase of
equipment, bolster over-time accounts, and for temporary
positions); it is not for ongoing, sustained projects or
positions.
Councilmember Weir suggested staff go back and take
a look at years ago when the General Fund Budget was
in the $145 - 150 Million range and see how the
resources were allocated at that time, which might
provide some ideas to assist with out current budget
issues.
Councilmember Sullivan referred the matter of flower
vendors to the Legislative and Litigation Committee.
Councilmember Sullivan thanked staff for the rapid
response to a constituent request to pick up trash at the
apartment buildings on Planz Road, and she encouraged
the public to pick up their own trash and suggested that the
property owner or property manager should take
responsibility for keeping the trash picked up around their
buildings.
Councilmember Sullivan commended City Manager Tandy
for a good budget report.
Councilmember Sullivan referred to staff an e-mail
regarding a code enforcement issue.
Councilmember Sullivan commended staff regarding the
Press Release about DUI traffic stops.
Councilmember Sullivan asked Mayor Hall for an update
regarding the freeway litter pick-up.
Mayor Hall expressed his concern regarding the lack of
community pride with respect to trash, litter and graffiti; and
noted that Keep Bakersfield Beautiful is working on these
issues on a regular basis.
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Bakersfield, California, March 11, 2009 - Page 11
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Mayor Hall announced training is complete and the freeway
cleanup efforts will be reactivated beginning March 21, and
for the next three months; and his group will also be
participating in the Great American Cleanup on March 28.
Councilmember Carson referred to the City Attorney
and the Legislative and Litigation Committee the
Department of Transportation letter to consider for
policy changes.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:34 p.m.
MAYOR of th City of Bakersfield, A
ATTEST:
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CITY CLERK and Ex Officio C k of
the Council of the City of Bakersfi
Bakersfield, California, March 11, 2009-Page 12
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