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HomeMy WebLinkAbout08/19/09 CC MINUTES ICJ 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. M! t~+ r 1 Bakersfield, California, August 19, 2009 - Page 2 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. 7.71 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. r7 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. 7 7 Bakersfield, California, August 19, 2009 - Page 6 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. 60 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. i vl 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 I Bakersfield, California, August 19, 2009-Page 14 ****THIS PAGE INTENTIONALLY LEFT BLANK****