HomeMy WebLinkAbout04/22/09 CC MINUTES
BA
-24 BAKERSFIELD CITY COUNCIL
MINUTES
c9,~ MEETING OF APRIL 22, 2009
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Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m. ACTION TAKEN
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Couch (seated at 5:30 p.m.), Hanson,
Sullivan
Absent: None.
2. INVOCATION by Eddie Hair, Jr., St. John's Missionary
Baptist Church.
3. PLEDGE OF ALLEGIANCE by Sebastian Medina, 3`d Grade
Student at Christa McAuliffe Elementary School.
Mayor Hall acknowledged the students in the audience.
4. PUBLIC STATEMENTS
a. Evelyn Stewart spoke regarding street sweeping,
and concerns she has with the dirt and dust in her
neighborhood, and provided photos and written
material.
Councilmember Benham asked that a staff
person be delegated to work with Mrs. Stewart
and coordinate her with Code Enforcement and
Public Works; suggested the Police Department
provide her some information about
Neighborhood Watch; and to keep
Councilmember Benham updated on this matter.
b. Lisa English spoke regarding the Keep Bakersfield
Beautiful/PAL Community Garden; invited the
Council to the Garden groundbreaking on May 6"which is California Beautification Day; and
presented each Councilmember with a tomato plant.
Bakersfield, California, April 22, 2009 - Page 2
5. WORKSHOPS ACTION TAKEN
None.
6. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Omar Macias declaring May 2009, Motorcycle
Awareness Month.
Mr. Macias received the Proclamation and made
comments.
b. Presentation by Mayor Hall of a Proclamation to
Linda Vernon declaring April 2009, Fair Housing
Month.
Mayor Vernon, from the City of Tehachapi, and
Executive Director of the Bakersfield Association of
Realtors, received the Proclamation and introduced
Susan O'Quinn, Vice-Chair of the Fair Housing
Committee at the Association, who made
comments and invited the Mayor and City
Council to attend the awards ceremony honoring
this year's arts contest winners on Saturday, May
2nd at the Association office, 4800 Stockdale
Highway, Suite 100.
7. APPOINTMENTS
a. Three appointments to the Historic Preservation
Commission due to the expiration of terms of Nancy
McNamee-Carter, Susan Stussy and Patricia Duffel,
whose terms expired March 30, 2009.
City Clerk McCarthy announced applications were
received from Juliana Dooley, Susan Stussy and
Patricia Duffel.
Motion by Vice-Mayor Scrivner to dispense with APPROVED
the ballot vote and appoint all applicants.
b. Two appointments to the Planning
Commission due to the expiration of terms of
Russell Johnson (Ward 3) and Murray
Tragish (Ward 5), whose terms expire April
30, 2009.
Mayor Hall announced that these are Ward
appointments, therefore, no ballot votes are
required.
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Bakersfield, California, April 22, 2009 - Page 3
j 7. APPOINTMENTS continued ACTION TAKEN
! Item 7.b. continued
Motion by Councilmember Hanson to reappoint APPROVED
Murray Tragish as the Ward 5 representative to
the Planning Commission.
Motion by Councilmember Weir to appoint Dean APPROVED
Haddock as the Ward 3 representative to the
Planning Commission.
Councilmember Weir introduced Dean Haddock and
thanked him for his willingness to serve.
C. Two appointments to the Bakersfield
Redevelopment Agency due to the expiration
of terms of Larry Pickett and Danny Ordiz,
whose terms expire April 22, 2009.
Mayor Hall announced these are Mayor
appointments and nominated both applicants for
reappointment
Motion by Vice-Mayor Scrivner to ratify the APPROVED
Mayor's reappointment of Larry Pickett and
Danny Ordiz to the Bakersfield Redevelopment
Agency.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 23, 2009 Joint
Meeting of the City Council and Kern County Board
of Supervisors, and the April 1, 2009 Regular City
Council Meeting.
Payments:
b. Approval of department payments from March 20, ABS WEIR
2009 to April 9, 2009 in the amount of
$21,324,365.77 and self-insurance payments from
March 20, 2009 to April 9, 2009 in the amount of
$370,804.68.
Ordinances:
C. First Reading of the following:
1. Ordinance amending Section 3.40.010 § D FR
and § E defining tax collector and person in
Chapter 3.
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Bakersfield, California, April 22, 2009 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.c. continued
2. Ordinance amending Section 3.40.120 FR
relating to the payment of transient lodging
taxes.
3. Ordinance deleting a portion of Section FR
3.40.020 § B relating to collecting taxes in
the General Fund.
4. Ordinance deleting Section 3.40.040 § C and FR
§ D relating to reports and remittances.
5. Ordinance amending Section 3.40.080 FR
relating to security requirements.
6. Ordinance amending Section 3.40.100 FR
relating to successor or assignee of business
to withhold tax from purchase price.
7. Ordinance amending Section 3.40.110 § B FR
relating to liability of successor or assignee
for tax.
8. Ordinance amending Section 3.40.150 FR
relating to enforcement.
9. Ordinance amending Section 5.26.010 § C FR
relating to definition of person.
Resolutions:
d. Resolution confirming approval by the Assistant City RES 043-09
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 the demolishment of
dangerous buildings and authorize collection of the
assessments by the Kern County Tax Collector.
e. Purchase of Econolite Autoscope Traffic Signal
Video Detection Systems:
1. Resolution determining that the traffic signal RES 044-09
video detection systems cannot be
obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding therefore,
not to exceed $270,000.
2. Approve the purchase of 28 Autoscopes
from Econolite Control Products, Inc. in the
amount of $270,000.
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Bakersfield, California, April 22, 2009 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
f. Resolution authorizing the sale of a surplus VAC- RES 045-09
CON sewer line cleaning truck to the City of Taft for
$20,000.
g. Resolution authorizing the Police Department to RES 046-09
apply for the Edward Byrne Memorial Justice
Assistance Grant ($830,733) from the U. S.
Department of Justice.
h. Resolution terminating Improvement Agreement RES 047-09
Nos. 08-201 and 08-202 with Community Action
Partnership of Kern for improvements in the City
right of way for Parcel Map 11782 located at the
southwest corner of Washington Street and Feliz
Drive.
i. Resolution of Intention No. 1632 to order the ROI 1632
vacation of a portion of Auburn Street from Morning
Drive to approximately 1,300 feet west.
j. Morning Drive-College Avenue Planned Bridge and
Major Thoroughfare Area:
1. Resolution of Intention No. 1635 to establish ROI 1635
the Morning Drive-College Avenue Planned
Major Bridge and Thoroughfare Area and
preliminarily approving the boundaries of the
area and the cost and fee schedule.
2. First Reading of Ordinance amending FR
Section 16.32.060 of the Municipal Code
relating to Bridge Crossings and Major
Thoroughfares.
Agreements:
k. Agreement with JTS Construction, Inc. (not to AGR 09-036
exceed $150,000) to provide construction
rehabilitation services for the Neighborhood
Stabilization Program.
1. Agreement with Hybrid Construction (not to exceed AGR 09-037
$150,000) to provide construction rehabilitation
services for the Neighborhood Stabilization
Program.
M. Agreement with Gilliam & Sons, Inc. (not to exceed AGR 09-038
$300,000) to provide demolition services for the
Neighborhood Stabilization Program.
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Bakersfield, California, April 22, 2009 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
n. Amendment No. 1 to Agreement No. RP08-100 with AGR 09-039
Brenntag Pacific ($50,000; revised not to exceed
$90,000) for bulk delivery of pool chemicals to City
operated Recreation & Park facilities.
o. Ground Lease of Hangar Space at Bakersfield
Municipal Airport:
1. Amendment No. 1 to Agreement No. 06-358 AGR 06-358(1)
with Steve Ayler assigning ground lease
of Hangar Space 131 to Gordon Dole.
2. Amendment No. 1 to Agreement No. 06-359 AGR 06-359(1)
with Steve Ayler assigning ground lease
of Hangar Space B2 to Gordon Dole.
P. Asphalt Rejuvenator and Sealant:
1. Amendment No. 2 to Agreement No. 07-141 AGR 07-141(2)
with Burtch Construction (not to exceed
$3,000,000 and extending term to May 6,
2010) to provide and apply asphalt
rejuvenator and sealant.
2. Amendment No. 2 to Agreement No. 07-142 AGR 07-142(2)
with Alon Asphalt (extending term to May 6,
2010) to provide ready to use asphalt
rejuvenator and sealant.
q. Amendment No. 4 to Agreement No. 06-220 with AGR 06-220(4)
Kern Sprinkler Landscaping, Inc. ($80,000; revised
not to exceed $680,000) for irrigation and
landscaping services.
r. Amendment No. 2 to Agreement No. 07-198 with AGR 07-198(2)
Zim Industries dba Bakersfield Well and Pump Co.
($100,000; revised not to exceed $200,000 and
extending term for one (1) year) for maintenance
and repair of the Olcese Wells.
S. Water Meters:
1. Amendment No. 1 to Agreement No. 08-074 AGR 08-074(1)
with Measurement Control Systems (not to
exceed $817,050 and extending term to
May 5, 2010) for water meters.
2. Amendment No. 1 to Agreement No. 08-075 AGR 08-075(1)
with Badger Meters (extending term to
May 5, 2010) for water meters.
Bakersfield, California, April 22, 2009 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
t. Contract Change Order No. 1 to Agreement AGR 08-236
No. 08-236 with AC Materials, Inc. ($78,660; revised CCO 1
total not to exceed $645,259.45) for the Shoulder
Paving at S. Mt. Vernon Avenue from E. Belle
Terrace to E. Planz Road project.
U. Contract Change Order No. 2 to Agreement No. 08- AGR 08-196
196 with Kern Pacific Construction Co. ($75,997.26; CCO 2
revised not to exceed $655,082.07) for the Friant-
Kern Canal Liner Replacement Project. (TRIP)
V. Amendment No. 2 to Agreement No. 05-132 with H AGR 05-132(2)
& H Engineering Construction, Inc. (no increase in
compensation; extends term) for repair and
maintenance of Bakersfield Amtrak Railroad.
Bids:
W. Reject all bids for Bakersfield Amtrak Railroad
maintenance and repair.
X. Roof Replacement at Martin Luther King Community
Center, 1000 S. Owens Street:
1. Accept base bid and additive alternate and AGR 09-040
award contract to Graham Prewett, Inc.
($320,000) for the project.
2. Transfer $20,000 CDBG Contingency funds
from the Operating Budget to the Capital
Improvement Budget within the Community
Development Block Grant Fund for the
project.
Y. Accept bid and award contract to Granite REMOVED FOR
Construction Co. ($1,479,870) for construction of SEPARATE
street improvements along White Lane from CONSIDERATION
Dovewood Street to Wible Road.
Z. Accept bid and award contract to Lee Wilson AGR 09-042
Electric ($109,795.50) for traffic signal and
lighting system installation at Berkshire Road and
Wible Road.
Miscellaneous:
aa. Appropriate $275,000 Asset Forfeiture Funds to the
Police Department's FY -2008-09 Operating Budget
within the General Fund to balance the budget in
the case of unanticipated overtime expenditures.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 8.b.
Bakersfield, California, April 22, 2009 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through aa., with the removal of
item &y. for separate consideration.
Y. Accept bid and award contract to Granite AGR 09-041
Construction Co. ($1,479,870) for construction of
street improvements along White Lane from
Dovewood Street to Wible Road.
Motion by Councilmember Sullivan to adopt APPROVED
Consent Calendar item 8.y.
10. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
b. Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957(b)(l)/54957.6.
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C. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding
Robert Pratt v. City - KCSC Case Nos. S-1500-CV-
253264-AEW, S-1500-CV-259414-AEW, and
S-1500-CV-261666-AEW.
Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED
Session at 5:47 p.m.
Motion by Councilmember Hanson to adjourn from APPROVED
Closed Session at 8:14 p.m.
9. RECESS
Reconvened from Closed Session at 8:14 p.m.
11. CLOSED SESSION ACTION
DIRECTION GIVEN
a. Conference with Labor Negotiator pursuant to TO STAFF AND
Government Code Section 54957.6. NEGOTIATOR
b. Public Employee Performance Evaluation - City CONCLUDED
Manager; Closed Session pursuant to FAVORABLE
Government Code Section 54957(b)(1)/54957.6. EVALUATION
WITHOUT ANY
C. Conference with Legal Counsel - Existing Litigation; ADDITIONAL
Closed Session pursuant to subdivision (a) of BENEFITS OR
Government Code Section 54956.9 regarding COMPENSATION
Robert Pratt v. City - KCSC Case Nos. S-1500-CV- NO REPORTABLE
253264-AEW, S-1500-CV-259414-AEW, and ACTION
S-1500-CV-261666-AEW.
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Bakersfield, California, April 22, 2009 - Page 9
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12. CONSENT CALENDAR HEARINGS ACTION TAKEN
a. Public Hearing to consider Resolution establishing RES 048-09
industrial and commercial sewer service user
surcharges for Fiscal Year 2009-10.
b. Public Hearing to consider resolution making RES 049-09
findings and certifying the Final Environmental
Impact Report (EIR) for the Amended Hillside
Development (HD) Combining Zone Ordinance
(Municipal Code Chapter 17.66).
Consent Calendar Hearings opened at 8:16 p.m.
No one spoke.
Consent Calendar Hearings closed at 8:16 p.m.
At the request of Councilember Weir, Assistant Public
Works Director Underwood gave an overview of the
rates.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar Hearing items 12.a. and b.
13. HEARINGS
None.
14. REPORTS
None.
15. DEFERRED BUSINESS
None.
16. NEW BUSINESS
a. Amendment No. 2 to Resolution No. 140-08 RES 140-08(2)
approving Memorandum of Understanding for
employees of the Blue and White Collar Units and
adopting salary schedule and related benefits.
City Manager Tandy made staff comments.
Motion by Vice-Mayor Scrivner to adopt the APPROVED
Resolution and express the thanks of the City of
Bakersfield to the SEW Local 521 Collective
Bargaining Unit and to the Blue and White Collar
employees for deferring their scheduled pay
increase in 2009 to assist in reducing the City's
budget shortfall.
Bakersfield, California, April 22, 2009 - Page 10
17. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN
Councilmember Benham referred to the Legislative and
Litigation Committee the matter of a possible ordinance
to clarify when activity use permits are required for
sports activities in City parks.
Councilmember Benham asked staff to evaluate the
request from William Penn School concerning the
curbing and the safety in the area; provide a letter to
the school's student activities director; and find out
whether CDBG funding might be available for some of
the sidewalk improvements.
Councilmember Benham asked staff to assist with a
letter regarding leaf blowers.
Councilmember Benham asked Planning Department
staff to provide her with feedback on an article
regarding form-based zoning codes.
Councilmember Couch provided a copy of a letter staff had
prepared for his signature.
Councilmember Couch requested a memo updating the
status of the Transportation Impact Fee and where the
matter stands with the City and the County.
Councilmember Sullivan asked staff to clean up the mud
median on Ming at the Northbound ramp of Highway
99; and to repair two very deep holes on Planz
between Akers and Wible.
Councilmember Sullivan asked staff to provide a
response which outlines the City's policy for weekday
and weekend pick-up of dead animals.
Councilmember Sullivan announced today is the 143`d
Anniversary of Congress' enactment of legislation
authorizing the inscription of the phrase, "in God We Trust",
to be placed on certain coins, and advised there are now 51
cities following Bakersfeld's lead by displaying the motto in
their council chambers.
Councilmember Carson asked Public Works staff to
check on the traffic problem at Casa Loma and Lotus
Lane to determine if the road is wide enough to handle
the traffic flow from the new apartment complex.
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Bakersfield, California, April 22, 2009 - Page 11
18. ADJOURNMENT ACTION TAKEN
Mayor Hall adjourned the meeting at 8:32 p.m.
aw~
MAYOR oft City of Bakersfie , CA
ATTEST:
CITY CLERK and Ex Officio Cl r of
the Council of the City of Bakersfi
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