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