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HomeMy WebLinkAbout07/29/09 CC MINUTES 759 BA BAKERSFIELD CITY COUNCIL MINUTES ~,Lf„y,,,~an MEETING OF JULY 29, 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, Sullivan (seated at 5:25 p.m.) Absent: Councilmember Hanson 2. INVOCATION by Reverend Greg Haslow, First Assembly of God Church. 3. PLEDGE OF ALLEGIANCE by Rayleigh Morin, 3rd Grade Student at Miller Elementary School. 4. PUBLIC STATEMENTS a. Tim Palmquist, Terri Palmquist and Caryn Harris spoke regarding parking at 25'" and H streets. b. Marvin Dean, representing the Southeast Bakersfield Redevelopment Project Area Community Oversight Group of Concerned Citizens, spoke regarding Consent Calendar item 8.z., the Parkview Cottages homes, and asked for that item to be pulled off Consent Calendar; also spoke regarding the Padre Hotel issue which was on the agenda of the last Council Meeting, and requested the establishment of a local goal of five percent to local suppliers for the furnishings, hiring local workers from the project area and provide discount vendor space to local disadvantaged businesses. 5. WORKSHOPS None. a; Bakersfield, California, July 29, 2009 - Page 2 6. PRESENTATIONS ACTION TAKEN a. Presentation by Mayor Hall of a Proclamation to Herb Walker honoring his beautification efforts in downtown Bakersfield. Herb Walker received the Proclamation and made comments. b. Presentation by Mayor Hall of a Certificate of Appreciation to Mic Hall honoring his parks and Bike Path beautification efforts. Mic Hall received the Certificate of Appreciation and made comments. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the July 7, 2009 Special City Council Meeting and July 15, 2009 Regular City Council Meeting. Payments: b. Approval of department payments from ABS WEIR July 1, 2009 to July 16, 2009 in the amount of $25,459,328.47 and self-insurance payments from July 1, 2009 to July 16, 2009 in the amount of $726,761.05. Ordinances: C. First Reading of Ordinance amending Municipal FR Code Sections 1. 12.010 and 1. 12.040 by adding Annexation No. 596 consisting of 50.12 acres located at the southwest corner of Washington Street and Belle Terrace to Ward 1 and Annexation No. 591 consisting of 86.78 acres located on the north side of Brimhall Road, east of Rudd Road to Ward 4. 7 i Bakersfield, California, July 29, 2009 - Page 3 8. CONSENT CALENDAR continued ACTION TAKEN d. First Reading of Ordinance amending Municipal FR Code Sections 1.12.010, 1.12.020, 1.12.030 and 1. 12.070 by adding Annexation No. 597 consisting of the following multiple uninhabited County owned properties: County Property No. 1 consisting of 1557.72 acres located south of Casa Loma Drive, east of Mt. Vernon Avenue; County Property No. 2 consisting of 160.51 acres located south of Belle Terrace, west of Union Avenue; County Property No. 3 consisting of 21.12 acres located south of Belle Terrace and west of Cottonwood Road; County Property No. 4 consisting of 17.48 acres located south of Highway 58 east of Cottonwood Road; County Property No. 5 consisting of 94.52 acres located on the west side of Mt. Vernon Avenue, south of Bernard Street; County Property No. 6 consisting of 7.57 acres located at the northeast corner of Cottonwood Road and Belle Terrace; County Property No. 7 consisting of 13,835 square feet located at the northeast corner of Virginia Avenue and S. Williams Street; L County Property No. 8 consisting of 2.32 acres located at the northeast corner of Cottonwood Road and Casa Loma Drive; County Property No. 9 consisting of 41,746 square feet located east of Virginia Avenue between Lake Street and Kentucky Street, to Wards 1, 2, 3 & 7. Resolutions: e. Resolution of Application proposing annexation RES 090-09 of uninhabited territory to the City identified as Annexation No. 607 consisting of 1.04 net acres located on the west side of Allen Road, north of Rosedale Highway. f. Resolution confirming approval by the Assistant RES 091-09 City 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. Bakersfield, California, July 29, 2009 - Page 4 8. CONSENT CALENDAR continued ACTION TAKEN Agreements: g. Final Map and Improvement Agreement with AGR 09-093 6152 Partners, LLC for Tract Map 6152 Phase 6 AGR 09-094 located south of McKee Road and east of Akers Road. h. Final Map and Improvement Agreement with AGR 09-095 CAVU/Rock Properties Project 1, LLC for Tract AGR 09-096 Map 6850 Phase 1 located north of Alfred Harrell Highway and west of Lake Ming Road. i. Transportation Development Act Funds: 1. Agreement with Biking For Fun, Inc. AGR 09-097 ($50,000) for 50 bicycle and pedestrian safety demonstrations at local schools and other approved events during the course of one year. 2. Appropriate $50,000 Transportation Development Act Article 3 Grant Revenue to the Capital Improvement Budget of the Capital Improvement Budget of the Transportation Development Fund. j. Agreement with Ariel Link to research billing AGR 09-098 errors on existing telecommunication invoices. k. Police Service Dogs: 1. Agreement with Master K-9 ($25,835) to AGR 09-099 purchase two (2) police service dogs and train two (2) Police K-9 handlers. 2. Appropriate $33,420 Seized Asset Forfeiture Revenues to the Police Department Operating Budget in the General Fund for the purchase of two (2) police service dogs, initial 5 week training, lodging and per diem for two (2) Police K-9 handlers. 1. Agreement with Rykal Bakersfield, LLC ($37,135) AGR 09-100 to reimburse costs for improvements constructed within the Brimhall Planned Drainage Area. z 763 Bakersfield, California, July 29, 2009 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN L M. Transportation Impact Fee Agreement with AGR09-101 Rykal Bakersfield, LLC (not to exceed $25,939) for construction of an expanded intersection at the northeast corner of Brimhall Road and Jewetta Avenue. n. Agreement with PropertyRoom.com to provide AGR 09-102 removal of surplus property held in the Police Property Room and provide online auction services for said property. o. Agreement with Environmental Research AGR 09-103 Institute, Inc. (not to exceed $296,000 for 3 year term) to provide licenses and software support for server and client software. P. Amendment No. 2 to Agreement No. 07-196 AGR 07-196(2) with Jim Alfter Construction ($2,000,000; revised not to exceed $6,000,000 and extending term for one (1) year) for concrete construction. q. Amendment No. 2 to Agreement No. 07-082 AGR 07-082(2) with AECOM USA, Inc. ($3,038,000) for engineering design services for the Westside Parkway Project. (TRIP) r. Contract Change Order No. 1 to Agreement AGR 08-176 No. 08-176 with Carvalho Construction 0001 ($14,655.87; revised not to exceed $565,654.87) for The Park at River Walk Maintenance Building project. S. Contract Change Order No. 20 to Agreement AGR 08-062 No. 08-062 with Granite Construction ($27,940; 00020 revised not to exceed $8,514,272.50) for the Allen Road Improvements between Ming Avenue and Stockdale Highway project. t. Contract Change Order No. 1 to Agreement AGR 08-214 No. 08-214 with Security Paving Construction 0001 ($77,050; revised not to exceed $27,805,269.81) for the Westside Parkway Phase I - Mohawk Street Extension Project. (TRIP) W M (Cap Bakersfield, California, July 29, 2009 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN U. Wastewater Treatment Plant No. 3 - 2007 Expansion Project: 1. Contract Change Order No. 7 to AGR 07-302 Agreement No. 07-302 with Kiewit Pacific 0007 Corp. ($387,162; revised not to exceed $216,556,492) for the project. 2. Transfer $387,162 contingency established for the Wastewater Treatment Plant No. 3 Expansion Project to the Public Works Department Capital Improvement Budget. Bids: V. Accept bid and award annual contract to Kern AGR 09-104 Sprinkler Landscaping, Inc. (not to exceed $90,000) for on-call irrigation and landscape service. Miscellaneous: W. Final Map with Lennar Homes of California, Inc. for Tract Map 7094 located south of Berkshire Road and east of Wible Road. X. Appropriate $78,320 State Grant Revenue for the Waste Tire Enforcement Grant Program to the Development Services Operating Budget in the General Fund. Y. Appropriate $20,000 First 5 Kern Grant funds for swim lessons and recreational swimming to the General Fund Recreation & Parks Department Operating Budget. Z. Consideration of changes to the current City REMOVED FOR and Redevelopment Agency Down Payment SEPARATE Programs resulting from the current residential CONSIDERATION housing foreclosure crisis: 1. Discontinuance of the equity share provision requirement for current and prior Parkview Cottages homebuyers. 2. Removal of the homebuyer affordable income covenant for 15 of the 74 total Parkview Cottage homes. v7 6 5 Bakersfield, California, July 29, 2009 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN Councilmember Weir announced he would abstain due to conflict of interest, source of Income, on Item 8.b. Councilmember Couch announced he would abstain due to conflict of Interest, potential source of Income to himself and his employer, on item 8.z. Councilmember Carson requested that item 8.z. be removed for separate consideration. Motion by Vice-Mayor Scrivner to adopt Consent APPROVED Calendar items 8.a. through 8.y. with the removal for AB HANSON separate consideration of Item 8.z Z. Consideration of changes to the current City and Redevelopment Agency Down Payment Programs resulting from the current residential housing foreclosure crisis: 1. Discontinuance of the equity share provision requirement for current and prior Parkview Cottages homebuyers. 2. Removal of the homebuyer affordable income covenant for 15 of the 74 total Parkview Cottage homes. At the request of Councilmember Carson, Economic Development Director Kunz gave an overview of this item. Motion by Councilmember Carson to adopt APPROVED Consent Calendar item 8.z. AB HANSON ABS COUCH 9. CLOSED SESSION None. 10. CLOSED SESSION ACTION None. 11. CONSENT CALENDAR HEARINGS None. r• ~ too Bakersfield, California, July 29, 2009 - Page 8 12. HEARINGS ACTION TAKEN None. 13. REPORTS None. 14. DEFERRED BUSINESS None. 15. NEW BUSINESS None. 16. COUNCIL AND MAYOR STATEMENTS Councilmember Benham referred correspondence to staff from Rich O'Neill, Kern River Parkway Committee and Kern River Parkway Foundation, and asked that his requests and suggestions be carefully reviewed and a very thorough response be provided. Councilmember Couch referred to Community Services Committee the feasibility of finding a location owned by the City which could be utilized by off-road riders. Councilmember Couch referred correspondence to staff regarding a neighborhood watch and asked staff to get back to him. Councilmember Carson asked Economic Development Director Kunz to report back about how the Redevelopment Agency funds are going to be Impacted as a result of the State budget, and also a report on how the two years of tax Increment money has been used In the Southeast Project Area. Councilmember Sullivan announced that two more cities have voted in favor of displaying "In God We Trust" in their city halls, bringing the total to 56 cities in California; and the Annual Celebration event will take place Thursday evening. i ONO 7-67 Bakersfield, California, July 29, 2009 - Page 9 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Mayor Hall recognized the efforts of Bright House Networks for continuing the Movies in the Park series in the amphitheater. Mayor Hall thanked Flood Bakersfield Ministries for its recent beautification adoption of a neighborhood. 17. ADJOURNMENT Mayor Hall adjourned the meeting at :56 m. M R of the City of Bake rsfi , CA ATTEST: CITY CLERK and Ex Officio;' lerk of the Council of the City of B' kersfield ~o Bakersfield, California, July 29, 2009 - Page 10 ****THIS PAGE INTENTIONALLY LEFT BLANK**** r 1