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HomeMy WebLinkAbout03/11/09 CC MINUTES . _ ~~17J ,.3F B A o KE~'S f BAKERSFIELD CITY COUNCIL MINUTES M LI MEETING OF MARCH 11, 2009 RIF c~LIF 0 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. I REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL t z 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). w r 10 U J 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. .wt 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 . e3UJ Bakersfield, California, March 11, 2009 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN r 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. L 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. Ole 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: ~2" Cn CITY CLERK and Ex Officio C k of the Council of the City of Bakersfi Bakersfield, California, March 11, 2009-Page 12 b i ****THIS PAGE INTENTIONALLY LEFT BLANK****