HomeMy WebLinkAbout06/24/09 CC MINUTES
739
BA
OWN s~ BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 24, 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, Weir, Couch
(seated at 5:44 p.m.), Hanson, Sullivan
Absent: Councilmember Benham
2. INVOCATION by Councilmember Carson.
3. PLEDGE OF ALLEGIANCE by Rigo Enciso, 7t' Grade
Student at Thompson Jr. High School.
4. PUBLIC STATEMENTS
a. Doug Vontz, with the Slower Traffic Please Keep
Right Campaign, spoke regarding freeing up local
roads and freeways.
b. Tim Palmquist spoke regarding parking restrictions
at 25th and H streets and provided petitions in
opposition to the 30-minute parking zone, as well as
additional written material.
C. Tom Fallgatter spoke regarding the street-widening {
project on Stockdale Highway, and thanked Council
and staff for their efforts in working with his clients to
resolve those concerns.
5. WORKSHOPS
a. Presentation by Ronald Brummett, Executive
Director, Kern Council of Governments, regarding
SB375 (Steinberg).
Ronald Brummett gave an overview and provided written
material regarding the Regional Transportation Plan and
Local Land Use Plans.
Bakersfield, California, June 24, 2009 - Page 2
6. PRESENTATIONS ACTION TAKEN
a. Presentation by Mayor Hall of Certificates to
Number 1 Ranked Graduates in their graduating
classes in the Greater Bakersfield area by the Kern
High School District.
Mayor Hall was joined by Councilmember Sullivan
for this presentation, and recognized the following
students and presented them with certificates:
• Shannon Cooper, Matthew Morea -
Bakersfield High School
• Joshua Novins, Ernest Picato, Caylynn
Simonson - Centennial High School
• Jose Bermudez - East Bakersfield High
School
• Anneiise Bertrand, Kimberly Barton - Foothill
High School
• Grant Frame, Stevie Hughey - Frontier High
School
• Mayra Estrada - Golden Valley High School
• Derrick Chan, Matthew Rodgers, Sofia
Hussain Zahid - Highland High School
• Nathan Coleman, James Davies, Laura
Greenwood, Maxwell Hinson, Allison
Laverty, Dana Lillie, Benjamin Rowe -
Liberty High School
• Alejandro Gonzales - North High School
• Meryl Seward, Joseph Towe - South High
School
• Ali Haghighi, Deepa Kannapan, Taylor
Lampela, Grace Stearns, Evan Szablowski,
Stephen Tomlinson - Stockdale High
School
• Sarah Urata - West High School
7. APPOINTMENTS
a. San Joaquin Valley Air Pollution Control District -
Governing Board:
1. Selection of Kern County Small City (under
100,000) nominee.
2. Resolution approving selected nominee. RES 075-09
Motion by Vice-Mayor Scrivner to appoint Randy APPROVED
Miller as the Kern County Small City nominee AB BENHAM
and adopt the resolution selecting Mr. Miller.
(41
Bakersfield, California, June 24, 2009 - Page 3
8. CONSENT CALENDAR ACTION TAKEN
Minutes:
a. Approval of minutes of the June 10, 2009 Regular
City Council Meeting.
Payments:
b. Approval of department payments from May 29, ABS WEIR
2009 to June 11, 2009 in the amount of
$9,799,180.94 and self-insurance payments from
May 29, 2009 to June 11, 2009 in the amount of
$243,190.74.
Ordinances:
C. Adoption of the following Ordinances:
1. Ordinance amending Section 12.56.050 ORD 4582
relating to prohibited acts in parks.
2. Ordinance amending Section 12.56.070 ORD 4583
relating to activities requiring a use permit.
3. Ordinance amending Section 12.56.090 ORD 4584
relating to special events.
Resolutions:
d. Resolution declaring the results of the Special RES 076-09
Municipal Election, held in the City of Bakersfield on
June 16, 2009 for the Kimberly No. 1 Annexation,
Measure A, and declaring the territory attached to
the City of Bakersfield incorporated area.
e. Resolution approving records retention schedule for RES 105-01(1)
the Human Resources Division.
f. Resolution approving records retention schedule for RES 078-09
the Economic and Community Development
Department.
g. Resolution confirming approval by the Assistant City RES 079-09
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 authorize collection of
the assessments by the Kern County Tax Collector.
h. Amendment No. 2 to Resolution No. 118-94 revising RES 118-94(2)
the penalty for parking violations for commercial
vehicles.
742
Bakersfield, California, June 24, 2009 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
a
i. Sewer construction and connection fee(s)
assessment for 4300 Joseph Drive:
1. Resolution confirming assessments for the RES 080-09
construction and connection fee(s) and
authorizing the collection of assessments by
the Kern County Tax Collector.
2. Agreement with Leonard A. Welte and AGR 09-077
Denise Welte to pay construction and
connection fee(s) in installments and notice
of special assessment.
Agreements:
j. Traffic Impact Fee Agreement with Frontier Ranch, AGR 09-078
LLC (estimate impact fee credit $184,812) for
improvements on Renfro and Kratzmeyer Roads.
k. Agreement with Bakersfield-Mountain Gate, LLC AGR 09-079
($62,606) for reimbursement of design costs, plan
check fees and inspection fees for the design of a
portion of the Curnow Planned Sewer Area.
1. Agreement with Ramsay Group (not to exceed AGR 09-080
$64,950) for assistance in the preparation of the
2010-2015 Consolidated Plan, the Citizen
Participation Plan and the Analysis of Impediments
to Fair Housing Choices for the U. S. Department of
Housing and Urban Development.
M. Agreement with County of Kern ($325,000) for AGR 09-081
animal care services for one (1) year.
n. Agreement with Meyer Civil Engineering, Inc. AGR 09-082
($80,561) for design and engineering services
for water mainline extensions and tie-ins at eight (8)
locations.
o. Agreement with BSK Analytical Laboratories AGR 09-083
($60,000) for various laboratory services for
Wastewater Division.
p. Amendment No. 3 to Agreement No. 07-098 with AGR 07-098(3)
Gregory B. Bragg & Associates (increase final year
annual fee from $140,000 to $230,000) for liability
claims adjustment services.
q. Amendment No. 1 to Agreement No. 08-122 with AGR 08-122(1)
PBC SolutionOne, Inc. ($47,740; revised not to
exceed $95,480) extending term one (1) year for
janitorial maintenance - City Hall North.
743
Bakersfield, California, June 24, 2009 - Page 5
i
8. CONSENT CALENDAR continued ACTION TAKEN
r. Amendment No. 1 to Agreement No. 08-100 with RES 08-100(1)
Gilliam & Sons, Inc. (no increase in amount)
extending term one (1) year for earthmoving and
hauling services.
S. Waterline Extension to Wastewater Treatment Plant
No. 3:
1. Contract Change Order No. 1 to Agreement AGR 08-132
No. 08-132 with Superior Pipeline, Inc. CCO 1
($189,854.92; revised not to exceed
$453,727.87) for project.
2. Appropriate $90,000 Sewer Enterprise Fund
Balance (WWTP No. 3) to the Public Works
Department Capital Improvement to fund
contract change order.
Bids:
t. Accept bid from Quinn Co. ($104,522.95) for
one (1) replacement asphalt compactor roller
for the Streets Division.
U. Accept bid and award contract to LVH AGR 09-084
Entertainment Systems ($132,918) for upgrading
the fly rail system for Rabobank Theater.
Miscellaneous:
None.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 8.b.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through u. AB BENHAM
9. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (1) of
Government Code Section 54956.9 regarding
Robert Pratt v. City - KCSC Case Nos.
S-1500-CV253264-AEW, S-1500-CV-259414-AEW,
and S-1500-CV-261666-AEW.
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subdivision
(b) (1) (3) (A) of Government Code Section 54956.9.
(One matter)
i
C. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
[44
Bakersfield, California, June 24, 2009 - Page 6
9. CLOSED SESSION continued ACTION TAKEN
Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED
Session at 6:01 p.m. AB BENHAM
Motion by Councilmember Sullivan to adjourn from APPROVED
Closed Session at 7.18 p.m.. AB BENHAM
RECONVENED MEETING - 7:25 p.m.
10. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing Litigation; DIRECTION GIVEN
Closed Session pursuant to subdivision (1) of TO CITY ATTORNEY
Government Code Section 54956.9 regarding
Robert Pratt v. City - KCSC Case Nos.
S-1500-CV253264-AEW, S-1500-CV-259414-AEW,
and S-1500-CV-261666-AEW.
b. Conference with Legal Counsel - Potential NO REPORTABLE
Litigation; Closed Session pursuant to subdivision ACTION
(b) (1) (3) (A) of Government Code Section 54956.9.
(One matter)
C. Conference with Labor Negotiator pursuant to NO REPORTABLE
Government Code Section 54957.6. ACTION
11. CONSENT CALENDAR HEARINGS
None.
12. HEARINGS
a. Metropolitan Bakersfield Regional Transportation
Impact Fee, Phase IV:
1. Public Hearing to consider Resolution
adopting the 2008-2035 Regional
Transportation Facilities List Phase IV, fee
schedule and nexus report.
2. Amendment No. 1 to Resolution 118-05
establishing City Council Policy regarding
the extension of vesting rights for subdivision
maps.
City Clerk McCarthy announced correspondence was
received from staff providing information referenced in the
Administrative Report and from Walter P. McNeill,
representing the Home Builders Association of Kern
County (HBA), in opposition to adoption of the fee.
7451
Bakersfield, California, June 24, 2009 - Page 7
12. HEARINGS continued ACTION TAKEN
Item 12.a. continued
City Manager Tandy gave an overview and introduced
Public Works Director Rojas who gave a computer
presentation.
Hearing opened at 7:42 p.m.
Bob Decker, with the Home Builders Association; Walt
1
McNeill, Attorney for the Home Builders Association; Matt
Towery, of Towery Homes; Doug Hunter, Vice-President of
McMillan Homes; Terry Pledger, local contractor; and Greg
Velasquez, local contractor, spoke in opposition to the staff
recommendation.
No one spoke in support of the staff recommendation.
}
Hearing closed at 8:07 p.m.
Councilmember Couch asked staff to bring back
information regarding the type of payment
arrangements that can be made if there was a Mello
Roos and multiple properties involved, if phasing
payment would be possible, and the feasibility of
placing the fee on the property tax bill.
RECESSED MEETING - 9:21 P.M.
RECONVENED MEETING - 9:28 P.M.
12. HEARINGS continued
Item 12.a. continued
i Motion by Councilmember Carson to have a Special APPROVED
} lunch time meeting on July 7, 2009, for Council action AB BENHAM
on the Transportation Impact Fee item only.
City Attorney Gennaro clarified for the record that the
Hearing portion of this item has been closed, and the
Special Meeting will be only for Council comment and
action.
13. REPORTS
i
i None.
4
I
}P
V
I
i
i
i
7d~
Bakersfield, California, June 24, 2009 - Page 8
i
14. DEFERRED BUSINESS ACTION TAKEN
a. Fiscal Year 2009-10 Budget
1. Resolution approving and adopting the City RES 081-09
of Bakersfield Operating and Capital I
Improvement Budget.
2. Resolution approving and adopting the RES 082-09
Operating and Capital Improvement Budget
for the Bakersfield Redevelopment Agency.
3. Resolution establishing the City of RES 083-09
Bakersfield appropriations limit.
City Manager Tandy gave an overview and introduced
Assistant City Manager Stinson, who gave a computer
presentation, with assistance from Finance Director Smith.
Motion by Vice-Mayor Scrivner to approve the APPROVED
Resolutions adopting the 2009-2009 Budget. AB BENHAM
15. NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
City Clerk McCarthy announced for the record that
Councilmember Benham turned in a referral via the City
Attorney.
Councilmember Carson thanked staff and Council for the
new spray park, which opened today, at Saunders Park.
Councilmember Hanson asked staff to talk to the outside
firm that recently sent out the corrected bills for the
business tax license fee, regarding the costs involved in
mailing them out.
Councilmember Weir thanked staff for completing Paladino.
Councilmember Weir requested information on the
the costs involved in printing the Fire Report and
to find a more cost-effective and efficient method of
disseminating this information.
Councilmember Weir referred the ideas received during
recent community meetings in his ward to the Planning
and Development Committee for implementation.
I
I
k
747
i
Bakersfield, California, June 24, 2009 - Page 9
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN i
1
Councilmember Sullivan reminded everyone that this
Sunday is the last free band concert at Beale Park, and it
will be a patriotic concert celebrating the Fourth of July.
In response to a question from Councilmember Sullivan,
Recreation and Parks Director Hoover advised that the City
has had to cancel all of the movies in the local
neighborhood parks on Friday evenings for the rest of the
year due to the rising costs of showing the movies and
having to pay royalty fees to companies that supply the
movies; however, the movies at the Bright House
Amphitheater and the Park at River Walk will continue
throughout the summer.
Councilmember Sullivan congratulated the top students and
thanked Mayor Hall for the presentation and City Clerk Staff
for the nice reception.
4
Councilmember Sullivan asked Code Enforcement staff
to check on a vacant house in her ward that has an
abandoned backyard pool in need of attention.
' 17. ADJOURNMENT
Mayor Hall adjourned the meeting at 10:03 p.m.
k
M O of th City of Bakersfield, CA
4
{
ATTEST:
CITY CLERK and Ex Off' i Clerk of
the Council of the City of akersfield
1
i
$ Bakersfield, California, June 24, 2009 - Page 10
****THIS PAGE INTENTIONALLY LEFT BLANK****
a
i
i
i
I
i
i