HomeMy WebLinkAbout08/19/09 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF AUGUST 19, 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,
Hanson, Sullivan
Absent: Councilmember Benham
2. INVOCATION by Reverend Curtis Jenkins, Tri-Stone
Baptist Church.
3. PLEDGE OF ALLEGIANCE by Taelyr McCormick, 4th
Grade Student at Highland Elementary School.
4. PUBLIC STATEMENTS
a. Jenelle Wilcox and Chris Kildare, representing
the Native Daughters of the Golden West,
spoke regarding the California Admission Day
event on September 9th at the Liberty Bell, and
invited Council to attend.
b. Karen Polyniak spoke regarding the B-Town
Blues Fest event on September 19th at the CSUB
amphitheater, invited everyone to attend,
requested a Mayoral Proclamation, and
provided written material.
C. Grace Madruga spoke regarding the 30-minute
parking at 25th and H streets.
City Manager Tandy responded.
d. William Lind, representing the Bakersfield Tea
Party, spoke in opposition to the location of the
Federal Courthouse and the increase in the
traffic impact fees.
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4. PUBLIC STATEMENTS continued ACTION TAKEN
e. Josiah Vencel spoke regarding some concerns
about the Bakersfield Redevelopment Agency.
d. Sheryl Barbich, President, Greater Bakersfield
Vision 2020, and Bernie Herman, Executive
Director, Bakersfield Museum of Art, presented
Spirit of the Vision Awards to City Manager
Tandy, Economic and Community
Development Director Kunz, Public Works
Director Rojas, Recreation and Parks Director
Hoover, and Water Resources Manager Core.
5. WORKSHOPS
None.
6. PRESENTATIONS
a. Presentation by Mayor Hall of a retirement
plaque and gift certificate to Derek L. Tisinger.
Fire Captain Tisinger accepted the plaque and
gift certificate, and made comments.
b. Presentation by Mayor Hall of Certificates of
Appreciation to the Frontier High School Men's Wei
Varsity Track State Championship Team and
coaches.
Certificates were provided to team members
Caleb Barger, Nick Barton, Alex Carmichael,
Matt Darr, Nathan Despain, Garett Dickey, Ian
Driskill, Zach Ferrenberg, Eric Folweiler, Michael
Heathcott, Nolan Mearse, Jacob Rutledge, and
coaches Jeff Caneta, Cliff Bolton, David
Gaeta, Romy Greenwood, Robert Nunez, John
Richardson.
Coach Gaeta thanked Mayor Hall for the
recognition.
Matt Darr, State Champion in Discus/Shot Put,
made comments.
C. Presentation by Mayor Hall of Certificates of
Appreciation to the Fruitvale Junior High
School National History Day Championship
Team and coaches.
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Bakersfield, California, August 19, 2009 - Page 3
6. PRESENTATIONS continued ACTION TAKEN
Item 6.c. continued
Certificates were presented to team members
Sameen Bramer, Bianca Hinojosa, Calvin
Laverty, Marissa Manos, Ramie Sahota, and
coaches Brenda Griffiths (not present), Jennifer
Mykytiuk.
Coach Mykytiuk made comments.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the July 29, 2009
Regular City Council Meeting.
Payments:
b. Approval of department payments from July ABS WEIR
17, 2009 to August 6, 2009 in the amount of
$15,361,852.25 and self-insurance payments
from July 17, 2009 to August 6, 2009 in the
amount of $1,095,902.69.
Ordinances:
C. Adoption of Ordinance amending Municipal ORD 4585
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.
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Bakersfield, California, August 19, 2009 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
d. Adoption of Ordinance amending Municipal ORD 4586
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;
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 determining that Bioxide, a RES 092-09
proprietary chemical for sewer odor control
and reduction of sulfide gas levels, cannot be
reasonably obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding thereof for a
period of one (1) year, not to exceed the
budgeted amount of $700,000.
f. Resolution approving the destruction of certain RES 093-09
obsolete City records, documents, instruments,
books and papers, pursuant to Government
Code Section 34090, et seq. (Public Works
Department)
Bakersfield, California, August 19, 2009 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
g. Resolution amending the official list of RES 094-09
designated speed zones, pursuant to Sections
22357 and 22358 of the California Vehicle Code
and Chapter 10.24 of the Municipal Code.
h. Resolution confirming approval by the Assistant RES 095-09
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 authorize collection of the
assessments by the Kern County Tax Collector.
i. Resolution of Intention No. 1641 to add territory, ROI 1641
Area 2-40 (6000 & 6020 District Blvd.) to the
Consolidated Maintenance District and
preliminarily adopting, confirming and
approving the Public Works Director's Report.
Agreements:
j. Agreement with Bakersfield Symphony ($50,000 AGR 09-105
contribution) for Fiscal Year 2009-10.
k. Agreement with California Emergency AGR 09-106
Management Agency (CalEMA, formerly OES)
for the possession of the State Type-2 Urban
Search & Rescue Trailer and associated
equipment cache.
1. Amendment No. 1 to Agreement No. 07-154 AGR 07-154(1)
with RRM Design Group ($68,350; revised not to
exceed $719,150) for design and prepare
construction documents for Fire Station No. 14
and Greystone Park.
M. Amendment No. 1 to Agreement No. PW08-179 AGR 09-107
with Wastewater Solids Management Co.
($40,000; revised not to exceed $68,200) for
cleaning of two (2) anaerobic digesters at
Wastewater Treatment Plant No. 3.
n. Amendment No. 2 to Agreement No. 07-416 AGR 07-416(2)
with Krazan & Associates, Inc. ($250,000; revised
not to exceed $739,628.75) for material testing
services for various construction projects -
calendar years 2008 & 2009.
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8. CONSENT CALENDAR continued ACTION TAKEN
o. Allen Road Bridge Project over the Kern River:
1. Amendment No. 1 to Agreement AGR 07-078(1)
No. 07-078 with Lim & Nascimento
Engineering Corp. ($17,000; revised not
to exceed $1,009,050) for construction
management services for the project.
2. Appropriate $17,000 Transportation
Development Fund Balance to the
Public Works Department Capital
Improvement Budget.
p. Addendum to Agreement No. 06-293 with AGR 06-293(1)
County of Kern, Pacific Gas & Electric Co.,
Southern California Edison Co. and Southern
California Gas Co. to deliver the Bakersfield
and Kern County Energy Watch Program and
continue certain energy efficiency programs to
the end of the bridge funding period.
q. Amendment No. 3 to Agreement No. 02-061 AGR 02-061(3)
with CC Plaza, LLC for office space at 900
Truxtun Avenue to include space into the
master lease that was formerly subleased to
generate a net savings to the City of
approximately $1,000 per month.
r. Amendment No. 1 to Agreement No. 92-76 with AGR 92-076(1)
Michael Richert for lease of parking lot at What
a Racket Health and Sports, 3500 21 st Street.
S. Contract Change Order No. 54 to Agreement AGR 07-304
No. 07-304 with Security Paving Construction CCO 54
($136,858; revised not to exceed
$30,261,903.26) for the State Route 178 and
Fairfax Road Interchange Project. (TRIP)
t. Contract Change Order No. 3 to Agreement AGR 09-008
No. 09-008 with Griffith Company ($27,662.33; CCO 3
revised not to exceed $1,112,048.17) for the
Realignment of Auburn Street Project.
U. Contract Change Order No. 2 to Agreement AGR 08-236
CCO 2
No. 08-236 with AC Materials, Inc. ($29,370.34;
revised not to exceed $674,629.79) for the
Shoulder Paving at S. Mt. Vernon Avenue from
E. Belle Terrace to E. Planz Road Project.
Bakersfield, California, August 19, 2009 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
V. Contract Change Order No. 1 and 2 to AGR 08-215
Agreement No. 08-215 with Rock Bottom, Inc. CCO 1, CCO 2
($10,451.02 credit; revised not to exceed
$609,422.98) for the Irrigation Improvements at
Aera Park Project.
Bids:
W. Reject bids for HUD street materials annual
contract.
X. Accept bid and award annual contract to Terry AGR 09-108
Bedford Concrete Construction, Inc. (not to
exceed $890,000) for construction of HUD curb
and gutter.
Y. Accept bid and award contract to Granite AGR 09-109
Construction Co. ($1,550,804) for the Pavement
Rehabilitation 2009 Phase 1 - Mt. Vernon
Avenue from SRI 78 to University Avenue
Project. (ARRA)
Z. Accept bid and award contract to Maverick AGR 09-110
Asphalt, Inc. (1,661,661) for the Pavement
Rehabilitation 2009 Phase 2 - Ashe Road from
White Lane to Ming Avenue. (ARRA)
aa. Accept bid and award contract to Maverick AGR 09-111
Asphalt, Inc. ($1,783,543.90) for the Pavement
Rehabilitation 2009 Phase 3 - Wilson Road from
White Lane to Planz Road; Wible Road from
Pacheco Road to White Lane and Hughes Lane
from White Lane to Planz Road. (ARRA)
bb. Landscape Improvements - Watts Drive and REMOVED FOR
Madison Street: SEPARATE
CONSIDERATION
1. Accept bid and award contract to Kern
Sprinkler Landscaping, Inc. ($120,314.50)
for project.
2. Contract Change Order No. 1 to
Agreement with Kern Sprinkler
Landscaping, Inc. ($58,100; revised not
to exceed $178,414.50) for expansion of
the Madison Street project.
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Bakersfield, California, August 19, 2009 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
CC. Mesa Madn Sports Complex: 3
1. Accept Base Bid and Additive Alternates AGR 09-113
1, 2, 4, 5, 6 & 7 and award contract to
Kern Pacific Construction ($3,127,500) for
project.
2. Appropriate $684,811 Park Development
Fund balance to the Recreation and
Parks Department Capital Improvement
Budget.
dd. Accept bid and award contract to Gilliam & AGR 09-114
Sons, Inc. ($134,114) for Rick's Recycling ABS COUCH
Demolition Project at 730 California Avenue.
ee. Accept bid and award annual contract to AGR 09-115
Clean Harbors Environmental Services, Inc.
($67,456) for sulfa treat media removal related
to cogeneration energy production for
Wastewater Division.
Miscellaneous:
ff. League of California Cities Annual Conference
appointment of voting delegate and City
positions on Conference Resolutions. (Legislative
& Litigation Committee recommends the
appointment of Jacqule Sullivan as voting delegate
and staff recommends acceptance of the
recommendations for the proposed resolutions.)
Councllmember Weir announced he would abstain
due to conflict of interest, source of Income, on Item
8.b.
Councllmember Couch announced he would abstain
due to conflict of interest, potential source of income
to himself and his employer, on Item 8.dd.
Councilmember Carson requested that item 8.bb. be
removed for separate consideration.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar Items 8.a. through 8.ff. with the removal for AB BENHAM
separate consideration of Item 8.bb.
Bakersfield, California, August 19, 2009 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
L bb. Landscape Improvements - Watts Drive and
Madison Street:
1. Accept bid and award contract to Kern AGR 09-112
Sprinkler Landscaping, Inc. ($120,314.50)
for project.
2. Contract Change Order No. 1 to AGR 09-112
Agreement with Kern Sprinkler CCO 1
Landscaping, Inc. ($58,100; revised not
to exceed $178,414.50) for expansion of
the Madison Street project.
At the request of Councilmember Carson,
Economic Development Director Kunz
responded to questions.
Motion by Councilmember Carson to adopt APPROVED
Consent Calendar item 8.bb. AB BENHAM
9. CONSENT CALENDAR HEARINGS
a. General Plan Amendment No. 09-0060; The City
L is requesting a general plan amendment to
change the Circulation Element - Circulation
Map generally located in the northwest
Bakersfield area, on the west side of Freeway
99, south of Olive Drive. (Staff recommends
adoption of resolution.)
1. Resolution approving the Negative RES 096-09
Declaration, adopting the general plan
amendment of the Circulation Element
to change the designation of Hageman
Road from a collector to an arterial
between Landco Drive and State Route
99 (SR-99)/Golden State Avenue (SR-204)
and remove the future bikeway route at
the same location. This amendment will
also revise the alignment of Standard
Street (collector) from its current
diagonal alignment intersecting with
Landco Drive and Hageman Road to a
horizontal (east-west) alignment from
Atlas Court and intersecting with Landco
Drive 'A mile south of Hageman Road.
Bakersfield, California, August 19, 2009 - Page 10
9. CONSENT CALENDAR HEARINGS ACTION TAKEN
b. General Plan Amendment No. 09-0326; The City RES 097-09
has applied for a general plan amendment to
incorporate land use changes approved by the
Kern County Board of Supervisors. (Staff
recommends adoption of resolution.)
1. Resolution approving the Notice of
Exemption and adopting the general
plan amendment to incorporate land
use changes 1) from LMR/LR (Low
Medium Density Residential) to LI (Light
Industrial) on 1.96 acres located north of
Rosedale Highway, generally west of
Calloway Drive and 2) from SR/LR
(Suburban Residential/Low Density
Residential) to GC (General
Commercial) on 18.02 acres located
north of Taft Highway, generally east of
South H Street, approved by the County
of Kern.
C. General Plan Amendments/Zone Changes: CONTINUED
(Staff recommends continuance to September 9, TO THE
2009 meeting.) SEPTEMBER 9TH
COUNCIL MEETING
1. General Plan Amendment/Zone Change
No. 09-0023.
2. General Plan Amendment/Zone Change
No. 09-0258.
3. General Plan Amendment/Zone Change
No. 03-0337 (The Canyons Project).
City Clerk McCarthy announced Item 9.a. should be
corrected to read "General Plan Amendment
No. 09-0060..."
Consent Calendar Hearings opened at 5:57 p.m.
No one spoke.
Consent Calendar Hearing Items 9.a. and 9. b. closed
at 5:58 p.m.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar Hearing Items 9 a. and 9.b., and the AB BENHAM
continuation of Consent Calendar Hearing Item 9.c. to
the September 9th Council meeting.
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Bakersfield, California, August 19, 2009 - Page 11
10. HEARINGS ACTION TAKEN
None.
11. REPORTS
None.
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Couch asked staff to check with
PG&E regarding the manner In which customers are
being charged under the new Smart Meter program
and to clarify this process and advise the community.
Councilmember Carson asked staff to provide extra
patrols in the area of Ralston and Martin Luther King
Jr. Boulevard due to excessive criminal activity around
the church.
Councilmember Sullivan commended staff for the
completed street construction on the Ming Avenue
on-ramp, as well as the improvements on White Lane.
Councilmember Hanson asked staff to look Into the
feasibility of staggering Code Enforcement
Officers' hours of work to facilitate after-hours
complaints.
Chief of Police Rector responded to questions from
Councilmember Hanson regarding making better use
of the reserve officers to assist the Police Department.
Councilmember Hanson referred to the Legislative and
Litigation Committee the Issue of leaf blower
regulations.
Bakersfield, California, August 19, 2009 - Page 12
15. CLOSED SESSION ACTION TAKEN
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9 for the following cases:
1. George Hollingsworth v. City, et al; KCSC
Case No. S-1500-CV-264923-SPC.
2. Robert Pratt v. City; KCSC Case Nos. S-
1500-CV-253264-AEW, S- 1 500-CV-
259414-AEW and S- 1 500-CV-261666-AEW
3. Home Builders Association of Kern
County, Inc. v. City, et al; KCSC Case No.
S-1500-CV 267954 NFT
b. Conference with Legal Counsel -
Potential Litigation; Closed Session
pursuant to subdivision (b) (1) (3) (A) of
Government Code Section 54956.9.
(One matter)
Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED
Session at 6:08 p.m. AB BENHAM
Motion by Councllmember Couch to adjourn from APPROVED
Closed Session at 8:58 p.m. AB HALL, BENHAM
Mayor Hall announced that Vice-Mayor Scrivner will
be reconvening the meeting.
RECONVENED MEETING - 9:01 p.m.
16. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9 for the following cases:
1. George Hollingsworth v. City, et al; KCSC DIRECTION GIVEN
Case No. S-1500-CV-264923-SPC. TO CITY ATTORNEY
2. Robert Pratt v. City; KCSC Case Nos. NO REPORTABLE
S- 1 500-CV-253264-AEW, S-1500-CV- ACTION
259414-AEW and S-1500-CV-261666-AEW.
3. Home Builders Association of Kern DIRECTION GIVEN
County, Inc. v. City, et al; KCSC Case No. TO STAFF
S-1500-C V 267954 NFT.
Bakersfield, California, August 19, 2009 - Page 13
16. CLOSED SESSION ACTION continued ACTION TAKEN
b. Conference with Legal Counsel - DIRECTION GIVEN
Potential Litigation; Closed Session TO CITY MANAGER
pursuant to subdivision (b) (1) (3) (A) of
Government Code Section 54956.9.
(One matter)
17. ADJOURNMENT
Vice-Mayor Scrivner adjourned the meeting at 9:01
p.m.
MAYOR oft City of Bakersfi d,
ATTEST:
Ll ~I L
CITY CLERK and Ex Officio Jerk of
the Council of the City of Ba ersfield
L
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Bakersfield, California, August 19, 2009-Page 14
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