HomeMy WebLinkAbout11/04/09 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
`girt MEETING OF NOVEMBER 4, 2009
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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
a. Introduction of Student Body Representatives
participating in the 55th consecutive Teen
Government Day.
Austin Davis, Liberty High School (absent); Brian
Austin, Centennial High School; Gilbert
Martinez, South High School; Diego Osnaya,
Stockdale High School (absent); Olivia McGee,
West High School, Lauren Richardson, Frontier
High School; Conner Huser, Bakersfield High
School; Bethany Barber, Bakersfield Christian
High School; Andrew Whittington, Garces
Memorial High School (absent); Hillary Orton,
North High School (absent); Bronwyn Newman,
Highland High School; Omar Gonzales, Foothill
High School; and Gabrielle Awuma, Ridgeview
High School.
Mayor Hall expressed his appreciation to the
department and division heads who assisted
the 62 students during the shadowing process
that took place this morning.
2. INVOCATION by Reverend James Lair, First Assembly of
God Church.
,
3. PLEDGE OF ALLEGIANCE by Daniel Garcia, Bakersfield
Association of Retarded Citizens.
8 2 Bakersfield, California, November 4, 2009 - Page 2
Mayor Hall recognized the students in attendance at ACTION TAKEN
the meeting to learn about City Government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Forest Haygood, Home Senior Care, declaring
November 2009, Be a Santa to a Senior Month.
Mr. Haygood, representing the Certified Senior
Advisor Group, accepted the Proclamation
and made comments.
b. Presentation by Mayor Hall of a Proclamation to
Estella Vega declaring November 7, 2009, Out
of the Darkness Day in Bakersfield.
Mayor Hall gave an overview of the purpose of
the Proclamation.
5. PUBLIC STATEMENTS
None.
6. WORKSHOPS
None.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the October 7, 2009
Regular City Council Meeting.
Payments:
b. Approval of department payments from ABS WEIR
September 25, 2009 to October 22, 2009
in the amount of $26,860,015.95 and self-
insurance payments from September 25, 2009
to October 22, 2009 in the amount of
$508,817.20.
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Bakersfield, California, November 4, 2009 - Page 3
8. CONSENT CALENDAR continued ACTION TAKEN
L Ordinances:
C. Adoption of the following Ordinances (FR
10/07/09):
1. Amending Section 8.32.060 relating to ORD 4595
refuse/solid waste /recycling.
2. Amending Section 12.16.140 relating to ORD 4596
security requirements for construction
in streets.
3. Amending Section 12.56.050 relating to ORD 4597
prohibited acts in parks.
4. Amending Sections 16.16.060 & 16.20.060 ORD 4598
relating to public hearing notice.
5. Amending Section 16.16.080 relating to ORD 4599
extension of Tentative Map approval.
6. Amending Section 16.28.170 and adding ORD 4600
Section 17.04.395 relating to flag lots.
7. Amending Section 17.04.595 relating to ORD 4601
L street frontage.
8. Amending Sections 17.06.010, 17.06.020 ORD 4602
& 17.06.050 relating to zoning maps.
9. Amending Section 17.08.140 relating to ORD 4603
design standards for large retail
developments.
10. Amending Sections 17.30.020 & 17.30.030 ORD 4604
relating to uses permitted in
manufacturing zones.
ORD 4605
11. Amending Section 17.60.060 & 17.60.070
relating to sign development standards
and electronic message displays.
12. Amending Section 17.61.030 relating to ORD 4606
minimum landscape standards.
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8. CONSENT CALENDAR continued ACTION TAKEN
Resolutions:
d. Resolution setting the dates of Regular City RES 115-09
Council Meetings, Budget Hearings and
Department Presentations for January through
December 2010.
e. Resolutions adding territory to the Consolidated
Maintenance District, confirming the
assessments, approving the Public Works
Director's Reports and authorizing collection of
assessments by the Kern County Tax Collector
for the following:
1. Area 4-94 (3300 N. Sillect Avenue) RES 116-09
2. Area 5-58 (2410 S. O Street) RES 117-09
f. Automated staff scheduling system:
1. Resolution determining that Telestaff RES 118-09
cannot be reasonably obtained through
the usual bidding procedures and
authorizing the Finance Director to
dispense with bidding therefor and
purchase Telestaff from Principal
Decision Systems International, not to
exceed $100,000.
2. Agreement with Principal Decision AGR 09-140
Systems International (not to exceed
$100,000) for the purchase, installation
and training of Telestaff automated
staff scheduling system for the Police
Department.
g. Resolution confirming approval by the Assistant RES 120-09
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 weed, debris and
waste matter and authorize collection of the
assessments by the Kern County Tax Collector.
h. Resolution appointing the City's representative RES 121-09
to the Metropolitan Bakersfield Habitat
Conservation Plan Implementation Trust Group.
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Bakersfield, California, November 4, 2009 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
I. Resolution of Application proposing annexation RES 122-09
of uninhabited territory to the City identified as
Annexation No. 614 consisting of 34.64 acres
located at the northeast corner of Rosedale
Highway and Jenkins Road.
j. Resolution of Application proposing annexation RES 123-09
of uninhabited territory to the City identified as
Annexation No. 611 consisting of 6.72 acres
located west of Allen Road on the north side of
Rosedale Highway.
k, Amendment No. 1 to Resolution No. 170-94 RES 170-94(2)
approving the retention schedule to destroy
certain obsolete city records, documents,
instructions, books and papers pursuant to
Section 34090 et seq. of the Government Code
- City Clerk's Office.
1. Revised job specifications and change to salary
schedule:
1. Revised job specifications for
Administrative Analyst III, Assistant City
Manager, City Attorney, City Clerk, City
Manager, Development Services
Director, Director of Information
Technology, Director of Recreation and
Parks, Economic Development Director,
Finance Director, Fire Chief,
Management Assistant, Public Works
Director, Risk Manager and Water
Resources Manager.
2. Amendment No. 4 to Resolution RES 136-08(4)
No. 136-08 setting salaries and related
benefits for officers and employees of
the General Supervisory, Police
Supervisory and Management Units and
adopting salary schedule and
related benefits for Administrative
Analyst III.
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Bakersfield, California, November 4, 2009 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
M. Request for additional Public Transit Funds for
the Bakersfield Amtrak Station;
1. Amendment No. 1 to Resolution RES061-09(1)
No. 061-09 authorizing the filing of an
amended application with the Kern
Council of Governments for allocation of
Transportation Development Act funds
for Fiscal Year 2009-10 ($30,000; revised
Public Transit Claim of $246,643) to be
utilized to re-roof a portion of the
Bakersfield Amtrak Station.
2. Appropriate $30,000 Public Transit Funds
to the Public Works Department
Operating Budget within the Amtrak
Operating Fund to re-roof a portion of
the Bakersfield Amtrak Station.
n. Resolution of Intention No. 1644 to order the R011644
vacation of the remaining dedication of
Comanche Drive (old alignment), south of
State Highway 178.
R01 1647
~
o. Resolution of Intention No. 1647 to order the
vacation of the west 112-foot portion of alley
right of way easement located east of H Street
between 8th and 10th Streets.
P. Resolution of Intention No. 1648 to order the ROl 1648
vacation of Beale Avenue (old alignment) from
the north right of way of E. Truxtun Avenue to
the north right of way of the BNSF Railroad.
q. Resolution of Intention No. 1649 to order the ROl 1649
vacation of that portion of right of way of E. 21 st
Street and Gage Street to 10 ft. north and 10 ft.
south of the centerline of the existing tracks of
the BNSF Railroad.
Agreements:
r. License Agreement with ExxonMobii Oil Corp. AGR 09-134
($6,500) to continue operating its 6-inch
pipeline and appurtenances along Pacheco
Road between Wible Road and S. Union
Avenue for 20 years.
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8. CONSENT CALENDAR continued ACTION TAKEN
S. Agreement with Bakersfield Rescue Mission AGR 09-135
($62,000 of Emergency Shelter Grant funds) to
support the operating costs for facility located
at 816 E. 21 st Street.
t. Agreement with Bakersfield Community House AGR 09-136
~ ABS CARSON
($156,000 of Community Development Block
Grant funds) to rehabilitate existing roof, roof
support pillars and air conditioning unit at 2020
R Street.
U. Agreement with Housing Authority of the AGR 09-137
County of Kern ($3,690,000 of Neighborhood
Stabilization Program funds) for the purchase
and rehabilitation of a senior housing complex
at 2221 S. Real Road to benefit households
earning less than or equal to 120% of the area
median income.
V. Westside Parkway Project Phase II (TRIP)
1. Agreement with North Kern Water AGR 09-138
Storage District ($641,944.53) to
reimburse costs for the construction of
the Calloway Canal - Cross Valley Canal
Intertie Facility to be installed during the
construction of the project.
2. Amendment No. 1 to Agreement AGR 09-058(1)
No. 09-058 with Nolte Associates, Inc.
($53,514.53; revised not to exceed
$6,086,760.95) for construction
management services for the project.
3. Contract Change Order No. 1 to AGR 09-076
Agreement No. 09-076 with Security CCO 1
Paving Co. ($588,430; revised not to
exceed $77,160,875.07) for the project.
W. Preparation of Environmental Impact Report
(EIR) for General Plan Amendment/Zone
Change No. 06-2247 (Saco Ranch Project)
generally located at the southeast and
southwest corners of Coffee Road and Seventh
Standard Road.
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Bakersfield, California, November 4, 2009 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.w. continued
1. Amendment No. 1 to Agreement AGR 07-221(1)
No. 07-221 with RBF Consulting ($58,960;
revised not to exceed $252,530) for
preparation of EIR.
2. Appropriate $58,960 (developer's
contribution) to the Development
Services operating budget in the
General Fund for the EIR consultant.
X. Amendment No. 1 to Agreement No. 09-007 AGR 09-007(1)
with Ruettgers and Schuler Civil Engineers
($4,500; revised not to exceed $76,234.45) for
engineering services for the Auburn Street
Realignment Project. (TRIP)
Y. Amendment No. 1 to Agreement No. 08-179 AGR 08-179(1)
with Sungard Public Sector, Inc. ($143,724.62)
for service support of licensed software.
Z. Wastewater Treatment Plant No. 3 - 2007
Expansion Project:
1. Contract Change Order No. 9 to AGR 07-302
Agreement No. 07-302 with Kiewit Pacific 0009
Corp. ($350,818; revised not to exceed
$217,705,310) for project.
2. Transfer $350,818 contingency
established for the Wastewater
Treatment Plant No. 3 Expansion Project
to the Public Works Department Capital
Improvement Plan.
Bids:
aa. Reject bids for replacement hangar doors at
the Bakersfield Municipal Airport,
bb. Reject all bids for midsize pickups for Fleet
Services Division.
CC. Reject all bids for the storm drain improvements ABS WEIR
within existing Tract 5084 generally located in
the vicinity of Stockdale Highway at Jenkins
Road.
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Bakersfield, California, November 4, 2009 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
dd. Accept bids from Jim Burke Ford ($89,119.89) for
one replacement regular cab 1/2 ton pickup
and three replacement extended cab 1/2 ton
pickups for Water Resources and Police
Department.
ee. Accept bid from Jim Burke Ford ($59,722.18) for
one replacement 1-1 /2 ton truck with service
body for Water Resources.
ff. Accept bid from Trinity Trailer Manufacturing,
Inc. ($119,661.03) for two additional sludge
trailers for Wastewater Division,
gg. Accept bid and award contract to Valley Tree AGR 09-139
& Construction ($44,800) for demolition of
improvements at 525 18th Street.
Miscellaneous:
hh. Department of Housing & Urban Development
(HUD), Community Development Block Grant
and HOME Investment Partnership Action Plan
Amendment No. 2 (FY 09/10) and Amendment
No. 7 (FY 08/09).
ii. Department of Housing & Urban Development
(HUD), Community Development Block Grant,
Neighborhood Stabilization Program Action
Plan Amendment No. 8 (FY 08/09) to cancel
three program activities, provide assistance for
the acquisition of a senior housing complex at
2221 S. Real Road and increase funding to the
down payment assistance program.
jj. Appropriate $1,800,000 Department of Housing ABS HANSON
& Urban Development (HUD) Section 108 Loan
funds to the Economic Development Operating
Budget within the Community Development
Block Grant Fund to provide furniture, fixtures
and equipment for the Padre Hotel located at
1702 18th Street.
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Bakersfield, California, November 4, 2009 - Page 10
8. CONSENT CALENDAR continued ACTION TAKEN
kk. Appropriate $315,709 Federal ARRA Grant (BJA
FY09 Recovery Act Edward Byrne Memorial
Competitive Grant Program: Hiring Civilian Law
Enforcement (support personnel)) revenues to
the Police Operating Budget, within the ARRA
Grant Fund to hire one Community Relations
Specialist and one Crime Analyst over two
years. (ARRA)
II. Appropriate $200,000 Federal Grant Revenue to
the Water Resources Capital Improvement
Budget within the Agricultural Water Fund to
complete a hydraulic analysis of the Kern River
Channel to certify the levees.
mm. Accept a $5,000 grant donation from Target
and appropriate the $5,000 donation to the
Police Department operating budget in the
General Fund for crime prevention.
nn. Grant of Easement to Pacific Gas and Electric DEED 7228
Co. to relocate an existing pole at 525 18th
Street for the clearance of a walkway path.
,
City Clerk McCarthy announced a correction to item
8.w.1., which should read: "Agreement No. 07-221... "
Councilmember Carson announced she would
abstain due to potential conflict of interest, board
member, on item 8t.
Councilmember Weir announced he would abstain
due to conflict of interest, source of income, on items
8.b. and on item 8. cc.
Councilmember Hanson announced he would abstain
due to conflict of interest, possible source of income to
employer, on item 8.jj.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8.nn., with correction to
item 8. w. 1.
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Bakersfield, California, November 4, 2009 - Page 11
9. CONSENT CALENDAR HEARINGS ACTION TAKEN
a. General Plan Amendment/Zone Change
No. 06-1681; Porter Robertson Engineering,
representing A & E Union, Inc. (property owners)
has applied for a general plan amendment
and zone change on 180 acres located south
of Highway 178 and east of Miramonte Drive.
1. Resolution approving the Notice of RES 124-09
Exemption and adopting the general
plan amendment changing the land use
designation from LMR (Low Medium
Density Residential) and LR (Low Density
Residential) to OS (Open Space) on
180 acres.
2. First Reading of Ordinance approving FR
the Notice of Exemption and amending
the Official Zoning Map in Title 17 of the
Municipal Code by changing the zone
district from R-1 (One Family Dwelling)
and R-2 (Limited Multiple Family
Dwelling) to OS (Open Space) on 180
acres.
b. General Plan Amendment/Zone Change
No. 09-0604, Summit Engineering, representing
M & S Land Co. (property owners) has applied
for a general plan amendment and zone
change to modify conditions of GPA/ZC
No. 05-0844 on 140 acres located at the
southeast corner of Seventh Standard Road
and planned Allen Road alignment.
1. Resolution adopting the general plan RES 125-09
amendment to modify conditions for
GPA/ZC No. 05-0844.
2. First Reading of Ordinance approving FR
the amendments to Title 17 of the
Municipal Code by modifying conditions
for GPA/ZC No. 05-0844.
City Clerk McCarthy announced
correspondence was received from Nancy
Nusbaum in support of approval of Consent
Calendar item 9.a.
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Bakersfield, California, November 4, 2009 - Page 12
9. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
Consent Calendar Hearings opened at 5:44
p.m.
No one spoke.
Consent Calendar Hearings closed at 5:44 p.m.
Motion by Vice-Mayor Scrivner to adopt APPROVED
Consent Calendar Hearing items 9.a. and 9.b.,
adopting the Resolutions and giving First
Reading to the Ordinances.
Recess taken from 5:45 p.m. to 5:50 p.m.
10. HEARINGS
None.
11. REPORTS
a. Isabella Dam Failure Evacuation Plan.
Fire Chief Fraze introduced Deputy Chief Hartley, who
gave a computer presentation and introduced Robert
Olson, Olson & Associates; Captain Greg Williamson,
Bakersfield Police Department; and Georgina
Armstrong, Kern County Office of Emergency Services.
Ms. Armstrong gave a computer presentation.
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham asked staff to respond to a
constituent inquiry regarding signage on Highway 58
near Brundage Lane and H Street.
Councilmember Hanson asked if there was an
ordinance regarding panhandling, and City Attorney
Gennaro responded that there is not one at this time.
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Bakersfield, California, November 4, 2009 - Page 13
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Hanson referred to Budget & Finance
Committee the issue of the financial responsibility and
issues of unlicensed contractors doing work on
swimming pools.
Councilmember Couch requested an update on the
Habitat Conservation Plan and the status of the 2010
Bakersfield Metropolitan General Plan update; and
City Manager Tandy responded that an update will
be on the next City Council Agenda.
Councilmember Sullivan reminded everyone that
street corner flower vendors are illegal, and
encouraged people to buy their flowers from
legitimate businesses.
Councilmember Sullivan requested a status report on
the pilot program regarding overpopulation of pets,
and if there is a possibility of partnering with the
County on a Spay/Neuter program.
Councilmember Sullivan stated she feels it is
unreasonable to not be able to burn wood in
fireplaces during the holidays.
15. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
b. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9 for Land Lot 1, LLC v. City - KCSC Case
No. S- 1 500-CV-263357-WDP.
Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED
Session at 6:26 p.m.
Motion by Councilmember Couch to adjourn from APPROVED
Closed Session at 8:07 p.m.
RECONVENED MEETING - 8:08 p.m.
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Bakersfield, California, November 4, 2009 - Page 14
16. CLOSED SESSION ACTION ACTION TAKEN
a. Conference with Labor Negotiator pursuant to STAFF GIVEN
Government Code Section 54957.6. DIRECTION
b. Conference with Legal Counsel - Existing NO REPORTABLE
ACTION
Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9 for Land Lot 1, LLC v. City - KCSC Case
No. S-1500-CV-263357-WDP.
17. ADJOURNMENT
Vice-Mayor Scrivner adjourned the meeting at 8:08
p.m.
31r7r773Are
MAYOR o he City of Ba rsfield, CA
ATTEST:
a nA L 6 .
CITY CLERK and Ex Officio Cle of
the Council of the City of Baker ' Id
a