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HomeMy WebLinkAbout11/04/09 CC MINUTES 823 BA BAKERSFIELD CITY COUNCIL MINUTES `girt MEETING OF NOVEMBER 4, 2009 RY1 FO 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. 8ZJ 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. 82G Bakersfield, California, November 4, 2009 - Page 4 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. 82 7 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. 823 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. 829 Bakersfield, California, November 4, 2009 - Page 7 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. 830 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. 83 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. 832 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. 833 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. 834 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. 835 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. 836 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