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HomeMy WebLinkAbout06/10/09 CC MINUTES lGJ i BAK, o~►Po."r s~ BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 10, 2009 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, Hanson, Sullivan Absent: None. 2. INVOCATION by Reverend Angelo Frazier, Bakersfield Rescue Mission. 3. PLEDGE OF ALLEGIANCE by Vice-Mayor Scrivner. 4. PUBLIC STATEMENTS a. Daryl Thiesen, Chairman of the Tobacco-Free Coalition of Kern; Cassie Deras-Coker, with the American Cancer Society; Deborah Leary, volunteer with the American Cancery Society; and Dr. Claudia Jonah, Health Officer, Kern County Department of Public Health, spoke in support of a comprehensive outdoor second-hand smoke ordinance proposal; and written material was provided by Mr. Thiesen. Councilmember Benham referred this matter to the Legislative and Litigation Committee. b. Amparo Kinnsch, Tim Palmquist, Terri Palmquist, and Maria Tovar spoke in opposition to the new 30-minute parking restrictions at 25th and H streets; and Mr. and Mrs. Palmquist provided petitions requesting a written policy on timed parking. t Bakersfield, California, June 10, 2009 - Page 2 4. PUBLIC STATEMENTS continued ACTION TAKEN Item 4.b. continued f Vice-Mayor Scrivner asked staff for a written report regarding this specific request and what was done when the request came in; what individuals were contacted about the issue and what is the City policy regarding these requests, and if the City does not have a written policy, what is normally done; how many requests have been received over the past two years for changes in parking time limits, how many requests are protested by members of the public and what is done in those types of situations, whether it's an adjacent business owner or member of the public; and what are the parking restrictions on the City streets in the surrounding area. C. Kristine Finberg, Maris Madegan and Marcia Giumarra spoke regarding the Stockdale Highway Road Project and expressed their concerns about the safety issues of making the changes. In response to a question from Councilmember Benham, Public Works Director Rojas advised staff could meet with the homeowners about possibly creating a turn pocket. Councilmember Benham suggested that action and appropriation be deferred on this bid proposal until the next meeting, pending the results of staffs meeting with residents. Public Works Director Rojas advised the City has monies from the State that has to be awarded and obligated by the end of June, or the City loses it, and deferring this contract would be cutting it close. 5. WORKSHOPS None. 6. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Postmaster James Brouillard declaring June 10, 2009, Graffiti Volunteer Partner Day. Postmaster Brouillard received the Proclamation and made comments, acknowledging the efforts of Community Relations Specialist Tony Martinez. r Bakersfield, California, June 10, 2009 -Page 3 7. APPOINTMENTS ACTION TAKEN a. Appointment of eight (8) Alternate Committee Members to the Keep Bakersfield Beautiful Committee. Mayor Hall nominated Mr. Chris Clark as his Alternate Member to the Keep Bakersfield Beautiful Committee. Councilmember Carson nominated Mr. Jonathan Webster as the Ward 1 Alternate Member to the Keep Bakersfield Beautiful Committee. Councilmember Benham nominated Ms. Elizabeth Rodaker as the Ward 2 Alternate Member to the Keep Bakersfield Beautiful Committee. Councilmember Weir nominated Ms. Margaret Maier as the Ward 3 Alternate Member to the Keep Bakersfield Beautiful Committee. Councilmember Hanson nominated Mr. Patrick Frase as the Ward 5 Alternate Member to the Keep Bakersfield Beautiful Committee. Councilmember Sullivan nominated Mr. Tony Martinez as the Ward 6 Alternate Member to the Keep Bakersfield Beautiful Committee. Vice-Mayor Scrivner nominated Ms. Carrie Sandles as the Ward 7 Alternate Member to the Keep Bakersfield Beautiful Committee. Councilmember Couch nominated Ms. Dorothy Vokolek as the Ward 4 Alternate Member to the Keep Bakersfield Beautiful Committee. Motion by Vice-Mayor Scrivner to ratify the APPROVED appointments of the nominated individuals as Alternate Members to the Keep Bakersfield Beautiful Committee. 8. CONSENT CALENDAR j Minutes: a. Approval of minutes of the May 11, 2009 Budget Meeting and May 20, 2009 Regular City Council Meeting. Bakersfield, California, June 10, 2009 - Page 4 8. CONSENT CALENDAR continued ACTION TAKEN Payments: b. Approval of department payments from May 8, 2009 ABS WEIR to May 28, 2009 in the amount of $26,114,510.39 and self-insurance payments from May 8, 2009 to May 28, 2009 in the amount of $444,896.59. Ordinances: C. First Reading of the following Ordinances: 1. Ordinance amending Section 12.56.050 FR relating to prohibited acts in parks. 2. Ordinance amending Section 12.56.070 FR relating to activities requiring a use permit. 3. Ordinance amending Section 12.56.090 FR relating to special events. Resolutions: d. Resolution authorizing the filing of an application RES 061-09 with the Kern Council of Governments for allocation of Transportation Development Act funds for Fiscal Year 2009-10 ($216,643) to be utilized for the maintenance of the Bakersfield Amtrak Station during said fiscal year. e. Resolution expanding areas of preferential resident RES 062-09 permit parking in northeast Bakersfield. f. Emergency replacement of chiller compressor at City Hall South: 1. Resolution dispensing with formal bidding RES 063-09 I procedures due to emergency replacement of chiller compressor at City Hall South, not to exceed $60,000. i 2. Agreement with Trane Building Services AGR 09-067 ($53,685) for project. 3. Transfer $60,000 from a budgeted Public Works Department Capital Improvement Project (HVAC - Building A and Convention I Center) to the Chiller Replacement Project within the Capital Outlay Fund. g. Resolution providing for the collection of RES 06409 residential refuse fees by the Kern County Auditor- Controller's Office. Bakersfield, California, June 10, 2009 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN h. Resolution providing for the collection of delinquent RES 065-09 refuse charges by the Kern County Auditor- Controller's Office. i. Delinquent sewer charges: 1. Resolution providing for the collection of RES 066-09 delinquent sewer charges by the Kern County Tax Collector. 2. Resolution authorizing the Kern County Tax RES 067-09 Collector to establish two special assessment funds to track collection of Wastewater Treatment Plant No. 2 and Plant No. 3 delinquent sewer charges. j. Resolution of Intention No. 1634 to order the R0/1634 vacation of a portion of 14th Street, 13th Street, R Street and alley west of R Street. Agreements: k. License Agreement with Buena Vista Water Storage AGR 09-068 District for constructing, operating and maintaining an acoustic metering station at the end of the River Canal approximately 1/2 mile west of Enos Lane and '/2 mile north of Panama Lane. 1. Agreement with Bakersfield Memorial Hospital (no AGR 09-069 cost to City) for median islands landscape ABS BENHAM maintenance on 34th Street between San Dimas Street and the Kern Island Canal M. Agreement with SMG, Inc. (not to exceed $50,000) AGR 09-070 for reimbursement of costs associated with renting the Rabobank Arena for the Christian Congregation of Jehovah's Witnesses conventions. n. Amendment No. 2 to Agreement No. PW07-069(1) AGR 09-071 with Wholesale Fuels, Inc. ($20,000; revised not to exceed $60,000) extending term for one (1) year for propane. AGR 09-041 o. Contract Change Order No. 1 to Agreement No. CCO 01 09-041 with Granite Construction Co. ($202,725; revised not to exceed $1,682,595) for Street Improvements along White Lane - Dovewood Street to Wible Road Project. P. Contract Change Order No. 1 to Agreement No. AGR 09-022 09-022 with MGE Underground, Inc. ($28,725; CCO 01 revised not to exceed $755,787) for the Install Traffic Signal Interconnect - Part 6 Project. _ J Bakersfield, California, June 10, 2009 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN q. Allen Road Improvements between Ming Avenue and Stockdale Highway: AGR 08-062 1. Contract Change Order Nos. 15 -19 to 00015, 00016, Agreement No. 08-062 with Granite 00017, 00018, Construction ($130,401; revised not to 00019 exceed $8,486,332.50) for the project. 2. Appropriate $45,000 Transportation Development Fund balance to the Public Works Department Capital Improvement Budget for the project. Bids: r. Traffic Signal and Lighting System Modification at Columbus Street and Mt. Vernon Avenue: 1. Accept bid and award contract to A-C AGR 09-072 Electric Co. ($119,795) for project. 2. Transfer $23,000 from a budgeted Public Works Department Capital Improvement Project (Signal Modification at White Lane and Akers Road) within the Gas Tax Fund to this project. S. Accept bid and award contract to Bradley & Sons, AGR 09-073 Inc. ($65,100) for construction of the Wastewater Treatment Plant No. 3 New Monitor Wells Installation Project. t. Accept bid and award annual contract to Pestmaster AGR 09-074 Services, Inc. ($99,695) for chemical application for the Water Resources and Recreation and Parks Departments. U. Street Improvements along Stockdale Highway - REMOVED FOR Stockdale Country Club entrance to Ashe Road, and SEPARATE Village Lane to Wetherly Drive: CONSIDERATION 1. Accept low bid for base bid and additive alternates 1, 2, 3 and 4 and award contract to Griffith Construction Co. ($3,897,094.71) for project. 2. Transfer $616,000 from a budgeted Public Works Capital Improvement Project (Street Improvements -White Lane from Dovewood to Wible Road, Proposition 1 B Funds) to Stockdale Highway project within the Gas Tax Fund. Bakersfield, California, June 10, 2009 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.u. continued 3. Appropriate $570,000 Transportation Development Fund Balance to the Public Works Department Capital Improvement Budget to this project. 4. Appropriate $106,512 Developer Share Project Cost to the Public Works Department Capital Improvement Budget within the Gas Tax Fund to this project. Miscellaneous: V. Authorize Finance Director to write off accounts receivable in various funds totaling $122,888.12 and forward non bankrupt accounts to a collection agency for additional collection efforts. W. Appropriate $291,400 from State of California Office of Emergency Services and USDA Forest Service to the General Fund Fire Department Operating Budget for reimbursement of personnel, equipment and supplies from mutual aid assignments. X. Acceptance of 2007-08 Transportation Development Act Funds Financial Statements. Y. Quitclaim of landscape easement located at 10710 DEED 7086 Spirit Falls Court to John Killman and Kathleen Killman. Councilmember Benham announced she would abstain due to conflict of interest, benefit to her employer, on item 8.1. Councilmember Weir announced he would abstain due to conflict of interest, source of income, on item 8.b. Councilmember Benham requested that item 8.u, be removed for separate consideration. Motion by Vice-Mayor Scrivner to adopt Consent Calendar items 8.a. through y., with the removal for APPROVED separate consideration of item 8.u. U. Street Improvements along Stockdale Highway - Stockdale Country Club entrance to Ashe Road, and Village Lane to Wetherly Drive: M~ ~ 4 Bakersfield, California, June 10, 2009 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.u. continued 1. Accept low bid for base bid and additive AGR 09-075 3 alternates 1, 2, 3 and 4 and award contract to Griffith Construction Co. ($3,897,094.71) for project. 2. Transfer $616,000 from a budgeted Public Works Capital Improvement Project (Street Improvements - White Lane from Dovewood to Wible Road, Proposition 1 B Funds) to Stockdale Highway project within the Gas Tax Fund. 3. Appropriate $570,000 Transportation Development Fund Balance to the Public Works Department Capital Improvement Budget to this project. 4. Appropriate $106,512 Developer Share Project Cost to the Public Works Department Capital Improvement Budget within the Gas Tax Fund to this project. Motion by Councilmember Benham to defer item WITHDRAWN 8.u, to the meeting of June 24, 2009. } ,j City Manager Tandy advised that the date upon which the City might lose $2.5 Million is June 30th so it might be alright if there are no other reasons for delay that emerge at the meeting of the 24th; and he suggested the bids be awarded tonight, but refer the issue of the 4 residents to Committee, in order to be able to proceed with a pretty significant project. Councilmember Benham referred the issue of the 4 residents to the Planning and Development Committee of June 16, 2009. Councilmember Couch suggested that perhaps the Stockdale Country Club needs to be included in the discussions because their property could be impacted. Motion by Vice-Mayor Scrivner to adopt Consent APPROVED Calendar item 8.u. and place the issue of the road on the Planning and Development Committee Meeting Agenda for June 16m. j e d Bakersfield, California, June 10, 2009 - Page 9 9. CLOSED SESSION ACTION TAKEN a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. Motion by Vice-Mayor Scrivner to adjourn to Closed Session at 6:21 p.m. Motion by Councilmember Benham to adjourn from Closed Session at 6:42 p.m.. RECONVENED MEETING - 7:09 p.m. 10. CLOSED SESSION ACTION a. Conference with Labor Negotiator pursuant to NO REPORTABLE Government Code Section 54957.6. ACTION 11. DEFERRED BUSINESS None. 12. CONSENT CALENDAR HEARINGS a. Public Hearing to consider the following Resolutions regarding residential blue cart recycling charges 1. Resolution providing for the establishment of RES 068-09 a separate special assessment fund for Solid Waste to be added to the property tax roll for the collection of blue cart recycling charges for new services previously billed by the City. 2. Resolution authorizing the Kern County Tax RES 069-09 Collector to collect the charges. b. Public Hearing to consider Resolution adopting RES 070-09 proposed sewer rate increase (9.55%) for Fiscal Year 2009-10. C. Protest Hearing to consider Resolution approving RES 071-09 and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2009-10 budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. d. Protest Hearing to consider Resolution approving RES 072-09 and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2009-10 budget, confirming the street landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. Bakersfield, California, June 10, 2009 - Page 10 12. CONSENT CALENDAR HEARINGS continued ACTION TAKEN e. Protest Hearing to consider Resolution approving RES 073-09 and adopting the Public Works Director's report for twenty (20) Traffic Signal Maintenance Districts and the 2008-09 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. f. Public Hearing to consider Resolution establishing RES 074-09 domestic water rates (increase in the quantity rate) for Ashe, Fairhaven and Riverlakes Ranch service areas of the City Water System. g. Public Hearing to consider the proposed expenditure plan for the final installment from the 2008-09 Supplemental Law Enforcement Services Funding (S.L.E.S.F.) grant. 1. Appropriate $39,498.09 State Grant revenues to the Police Operating Budget within the S.L.E.S.F. fund. City Clerk McCarthy announced correspondence was received as follows: regarding Consent Calendar Hearing item 12.a., there were 6,900 notices mailed out, 3 protests and 1 in support were received; item 12.b., 84,380 notices mailed, 8 protests and 1 in support; and item f., 39,116 notices mailed, 1 protest and none in support. Consent Calendar Hearings opened at 7:10 p.m. No one spoke. Consent Calendar Hearings closed at 7:11 p.m. Motion by Vice-Mayor Scrivner to adopt Consent APPROVED Calendar Hearing items 12.a through 12g. 13. REPORTS Assistant City Manager Stinson gave an overview. a. Department Budget Presentations: 1. Development Services Development Services Director Grady gave the Department presentation. 2. Water Resources Water Resources Manager Core gave the Department presentation. F/' y I Bakersfield, California, June 10, 2009 - Page 11 13. REPORTS continued ACTION TAKEN Item 13.a. continued 3. Rabobank Arena and Convention Center General Manager Womack gave the Department presentation. 14. HEARINGS a. Public Hearing for the FY 2009-10 Operating, Bakersfield Redevelopment Agency and Capital Improvement Program Budgets. Assistant City Manager Stinson gave an overview. Hearing opened at 7:50 p.m. No one spoke. Hearing closed at 7:51 p.m. Mayor Hall announced no action will be taken at this time, and the item will return to the City Council for action at the June 24, 2009 meeting. 15. NEW BUSINESS a. Accept low bid and award contract to the AGR 09-076 responsible low bidder (apparent low bidder currently Security Paving Co. - $76,572,445.07) for base bid and additive alternates A, B, C, D and E to construct the Westside Parkway Phase 2 Project. (TRIP) City Clerk McCarthy announced correspondence was received earlier this afternoon from staff confirming the low bidder on this item. City Manager Tandy made brief comments then introduced Public Works Director Rojas, who gave the balance of the staff presentation. Councilmember Carson asked staff to provide at the next meeting a projection of local employment for this project. Motion by Vice-Mayor Scrivner to accept bid and APPROVED approve contract. 1 a7 Bakersfield, California, June 10, 2009 - Page 12 16. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN Councilmember Benham referred to the Legislative and Litigation Committee the issue of a new State law which may require the City to change its ordinances regulating massage technician and massage establishment permits, and asked the City Attorney and Police Department to provide an analysis to the Committee of what changes, if any, are needed to the City's Municipal Code. Councilmember Benham requested assistance from staff with correspondence. Councilmember Couch requested staff look into developing a practical long-term plan for the Kern River, with the goal of having a reliable water source for residences, businesses and farmers in the area and a vision of providing recreational opportunities and protecting the environmental aspects of the River; and to consider a public process, like Vision 2020 or the Mill Creek Charette, to produce a document the Council could adopt; give it a name so the media can easily identify it; and asked staff to develop a concept and bring it to the Water Board for discussion. Councilmember Weir asked staff when the "road closed" signs will be coming down on Paladino Street, and Public j Works Director Rojas responded. Councilmember Weir referred to the Legislative and Litigation Committee the issue of possibly developing an ordinance to cite and fine property owners when multiple calls of disturbance of the peace are received on the same complex. Councilmember Sullivan asked staff to repair a deep pothole on eastbound Ming Avenue near Taco Bell. Councilmember Sullivan commended the departments on their budget presentations and for making the best of a difficult situation. Councilmember Sullivan provided an article from US Today regarding "pay to stay programs" for individuals who are jailed, and asked staff to look at the article and report back to possibly implement in Bakersfield. Councilmember Sullivan provided an update on In God We Trust America, and there are now 54 cities in California displaying the National Motto in their city halls. "ia7 Bakersfield, California, June 10, 2009 - Page 13 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Sullivan asked Recreation and Parks Director Hoover to come forward and provide an overview of the summer programs sponsored by the City of Bakersfield. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 8:20 p.m. MAYOR of the City of Bakersfield, CA ATTEST: L CITY CLERK and Ex Officio C k of the Council of the City of Bakersf d i Bakersfield, California, June 10, 2009 - Page 14 p~ ****THIS PAGE INTENTIONALLY LEFT BLANK**** a 3