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HomeMy WebLinkAbout04/22/09 CC MINUTES BA -24 BAKERSFIELD CITY COUNCIL MINUTES c9,~ MEETING OF APRIL 22, 2009 1 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. j bd 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. t 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. UJJ 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. t 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. I 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. 1 Bakersfield, California, April 22, 2009 - Page 9 i 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. 60 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 L 7(1A Bakersfield, California, April 22, 2009 - Page 12 ****THIS PAGE INTENTIONALLY LEFT BLANK****