HomeMy WebLinkAbout11/18/09 CC MINUTES
837
BA E
coProsABAKERSFIELD CITY COUNCIL
MINUTES
ll MEETING OF NOVEMBER 18, 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,
Couch, Hanson, Sullivan (seated at 5:17
P.M.)
Absent: Councilmember Weir
2. INVOCATION by Pastor Charles Barefield, Sr., Lily of the
Valley Church of God in Christ.
3. PLEDGE OF ALLEGIANCE by Taher Shakir, 3rd grade
student at Thorner Elementary School.
Mayor Hall recognized the students in attendance at
the meeting from the Ridgeview High School
Government Class to learn about City Government.
4. PRESENTATIONS
a. Presentation by Javier Lozano, Human
Resources Manager to department winners of
the 2009 Excellence in Action Awards and the
Extra Mile Award in recognition of outstanding
service to the City.
Steven Zimmerman, Development Services;
Christopher Huot, Convention and Visitors
Bureau, Charles Webb, Finance Department;
Jeff Mullich and Howard Wines, Fire; Elizabeth
Agerton and Ryan Kroeker, Police; Dan Polach
and Matthew Lawson, Public Works; Ed Lazaroti
and Lisa Phillips, Recreation and Parks, and
Matthew Johnston, Water Resources.
Bakersfield, California, November 18, 2009 - Page 2
4. PRESENTATIONS continued ACTION TAKEN
Item 4.a. continued
The recipient of the Extra Mile Award for 2009
was Pamela McCarthy, City Clerk, which was
presented by City Manager Tandy.
City Clerk McCarthy made comments.
b. Presentation by Mayor Hall of the Mayor's
Medal of Appreciation to Andy Castaneda for
heroically saving the life of another citizen.
Mr. Castaneda received the Mayor's Medal of
Selfless Heroism and made comments; and Mr.
Steven Herrera thanked Mr. Castaneda.
C. Presentation of Mayor Hall of a Proclamation to
Pam Carlock and Randy Boggs declaring
November 29, 2009 through December 5, 2009
Christmas Parade Week.
Ms. Carlock accepted the Proclamation and
made comments, and invited everyone to
attend the 27th annual Christmas parade on
December 3rd.
5. PUBLIC STATEMENTS
a. Robert Reed spoke regarding the lack of noise
suppression at the Fairfax and Highway 178
interchange.
Vice-Mayor Scrivner asked staff to provide a
report addressing Mr. Reed's concerns.
b. Jose Quirarte spoke regarding problems with his
ex-landlord.
Councilmember Couch asked staff to work with
Mr. Quirarte to resolve his concerns.
C. Jayme Seeger spoke regarding PG&E and the
impact of extreme energy bills on small
businesses.
8~9
Bakersfield, California, November 18, 2009 - Page 3
5. PUBLIC STATEMENTS continued ACTION TAKEN
d. H. A. Sala spoke regarding the new Children
Joining Children For Success non-profit
organization, whose purpose is to inspire
children to help themselves and join together to
help one another to achieve personal,
academic and career success; and asked for a
public endorsement of the efforts of the
organization and the upcoming annual
fundraising event.
Councilmember Benham asked Mayor Hall to
provide a proclamation and staff to assist with
logistics, if necessary, for the event at
Rababobank.
e. Bob Smith, with Bike Bakersfield, spoke
regarding the Bikeways Plan and requested
implementing street changes to make them
safer for bicycle traffic.
Councilmember Sullivan asked that Mr. Smith's
request be referred to the Community Services
Committee.
6. WORKSHOPS
None.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 4, 2009
Regular City Council Meeting.
Payments:
b. Approval of department payments from
October 23, 2009 to November 5, 2009
in the amount of $10,145,363.24 and self-
insurance payments from October 23, 2009
L to November 5, 2009 in the amount of
$1,417,493.45.
Bakersfield, California, November 18, 2009 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
Ordinances:
C. First Reading of Ordinances:
1. Amending Sections 5.56.010, 5.56.020, FR
and 5.56.040 relating to transient
outdoor businesses.
REMOVED FOR
2. Amending Section 16.16.080 E relating to SEPARATE
extension of tentative map approval. CONSIDERATION
3. Amending Section 16.32.080 relating to FR
improvements in subdivisions for which
parcel map is required.
Resolutions:
RES 126-09
d. Resolution determining that DeZURIM a
proprietary brand for replacement valves in
City owned digesters at Wastewater Treatment
Plant 3, cannot be reasonably obtained
through the usual bidding procedures and
authorizing the Finance Director to dispense
with bidding thereof for a period of one year,
not to exceed the budgeted amount of
$100,000.
e. Sewer construction and connection fee(s)
assessment for 207 N. Stine Road:
1. Resolution confirming assessments for the RES 127-09
construction and connection fee(s) and
authorizing the collection of assessments
by the Kern County Tax Collector.
2. Agreement with Boyd Beastrom to pay AGR 09-141
construction and connection fee(s) in
installments and notice of special
assessment lien.
f. Resolution approving the destruction of certain RES 128-09
obsolete City records, documents, instruments,
books and papers, pursuant to Government
Code sections 34090 et seq. - Finance
Department.
E,41
Bakersfield, California, November 18, 2009 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
g, Resolution confirming approval by the Assistant RES 129-09
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.
h. Resolution of Intention No. 1650 to order the R011650
vacation of a flowage and drainage
easement at the southeast corner of 68 E. White
Lane.
I. Resolution of Intention No. 1651 calling a public R011651
hearing to determine whether public necessity,
health, safety or welfare requires formation of
an Underground Utility District within a
designated area - District No. 2, Division 33
(California Avenue - S Street to Union Avenue).
j. Resolution of Intention No. 1652 calling a public R011652
hearing to determine whether public necessity,
health, safety or welfare requires formation of
an Underground Utility District within a
designated area - District No. 2, Division 34
(Calloway Drive - Hageman Road to
Meacham Road),
k. Resolution of Intention No. 1653 to add territory, R01 1653
Area 2-42 (5801 District Boulevard) to the
Consolidated Maintenance District and
preliminarily adopting, confirming and
approving the Public Works Director's Report.
Agreements:
1. Relocation of Beardsley Pipeline and Headgate
along 7th Standard Road:
1. Agreement with County of Kern (not to AGR 09-142
exceed $206,565) for reimbursement of
costs associated with over-sizing
approximately 1800 feet of the Beardsley
lateral 1-5-0 pipeline and headgate
along 7th Standard Road west of Coffee
Road.
L~
Bakersfield, California, November 18, 2009 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.1. continued
AGR 09-143
2. Agreement with County of Kern for
relocation and joint use of waterline
easement on south side of 7th Standard
Road.
M. License Agreement with Southern California AGR 09-144
Gas Co. to relocate natural gas service being
displaced by the construction of the Westside
Parkway at the Friant Kern Canal and Brimhall
Road extended (Flying J Refinery). (TRIP)
n. Agreement with Rossetti Associates Inc. AGR 09-145
($86,300) for support services during
construction of the Bakersfield Sports Village
Phase 1.
o. Agreement with McKool Smith, P.C. to provide AGR 09-146
legal services related to transient occupancy
taxes on a contingency fee basis.
P. Agreement with Community Action Partnership REMOVED FOR
of Kern ($247,342 CDBG funds) for related SEPARATE
construction assistance and predevelopment CONSIDERATION
related soft costs for the Friendship House
Community Center located at 2424
Cottonwood Road.
q. Amendment No. 1 to Agreement No. CA08-010 AGR 09-148
with Clifford and Brown (not to exceed
$115,000) for outside legal services in the matter
of Land Lot 1, LLC v. City, et al., Kern County
Superior Court Case No. S-1500-CV-263357
WDP.
r, Amendment No. 1 to Agreement No. CA09-013 AGR 09-149
with Duane Morris, LLP (not to exceed $100,000)
for outside legal services in the matter of Home
Builders Association of Kern County, Inc. v. City,
et al., Kern County Superior Court Case
No. S-1500-CV-267954 NFT.
J
'43
Bakersfield, California, November 18, 2009 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
L S. Amendments to Landscape Agreements with
D. R. Horton Los Angeles Holding Co., Inc., for
Tract 6406 located north of City Hills Drive and
east of Vineland Avenue.
1. Amendment No. 1 to Agreement AGR 06-042(1)
No. 06-042 for Phase 1.
2. Amendment No. 1 to Agreement AGR 06-044(1)
No. 06-044 for Phase 2.
3. Amendment No. 1 to Agreement AGR 06-046(1)
No. 06-046 for Phase 3.
4. Amendment No. 1 to Agreement AGR 06-116(1)
No. 06-116 for Phase 4.
5. Amendment No. 1 to Agreement AGR 06-118(1)
No. 06-118 for Phase 5.
REMOVED FOR
t. Amendment No. 3 to Agreement No. 06-053 SEPARATE
with Parsons Transportation Group Inc. CONSIDERATION
($714,000; revised not to exceed $43,855,767)
for construction management services for the
L freeway interchange construction on State
Route 178 at Fairfax Road. (TRIP)
U. Amendment No. 2 to Agreement AGR 05-195(2)
No. 05-195/RA05-002 with the Bakersfield
Redevelopment Agency for the commitment of
$2,046,619 HOME Investment Partnership Funds
earmarked for affordable housing in the Baker
Street Mixed Use Project.
V. Wastewater Treatment Plant No. 3 - 2007
Expansion Project:
1. Amendment No. 2 to Agreement AGR 06-388(2)
No. 06-388 with Jacobs Civil Inc.
($700,000; revised not to exceed
$7,700,000) for additional construction
management services for Project.
2. Transfer $200,000 contingency
established for the Wastewater
Treatment Plant No. 3 Expansion Project
to the Public Works Department's
Capital Improvement Budget.
Bakersfield, California, November 18, 2009 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
W. Amendment No. 3 to Agreement No. 06-324 AGR 06-324(3)
with RM Industries ($80,000; revised not to
exceed $320,000) extending term one year for
Amtrak Station janitorial and hardscape
maintenance.
X. Amendment No. 3 to Agreement No. 07-378 AGR 07-378(3)
with T.D. Whitton Construction Inc. (no cost
increase) extending term one year for street
reconstruction and paving.
Y. Contract Change Order No. 4 to Agreement AGR 09-022
0004
No. 09-022 with MGE Underground Inc,
($57,747.27; revised not to exceed $830,386.35)
for the Install Traffic Signal Interconnect - Part 6
Project.
Bids:
Z. Accept proposal and award contract to Dave
AGR 09-150
Bang Associates, Inc. ($508,500 total) to
purchase park playground equipment and
rubberized surfacing for Amberton Park
($80,255), Beach Park ($132,265), Campus Park
South ($67,967), Corvallis Park ($93,018), Kroll
Park ($101,562), and additional rubberized
surfacing to meet ADA and safety standards
($33,433).
aa. Waterline Extension to Wastewater Treatment
Plant No. 3 from Ashe Road to Taff Highway,
1. Accept bid and award contract to Kern AGR 09-151
Pacific Construction ($203,063) for
project.
2. Transfer $203,063 from a budgeted
Capital Improvement Project
(Wastewater Treatment Plant No. 3
Arterial Roads) within the Sewer
Enterprise Fund to fund the award of this
project.
bb. Accept bid and award contract to Lee Wilson AGR 09-152
Electric Co., Inc. ($197,175.60) for traffic signal
and lighting system installation at the
intersections of Old River Road and Harris Road,
and Old River Road and Campus Park Drive.
X45
Bakersfield, California, November 18, 2009 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
CC. Accept bid and award contract to Loop AGR 09-153
Electric, Inc. ($449,932.50) for installation of
Traffic Signal Interconnect - Part 7.
dd. Accept bid from EnPointe Technologies, Inc.
($175,384.41) fort 10 Panasonic toughbook
display systems for the Police Department.
ee. Purchase of Live Burn Trailer Simulator:
1. Accept Federal Grant from US
Department of Homeland Security
($275,680) for purchase.
2. Accept bid from Fireblast 451, Inc.
($346,400) for purchase of a Fireflash II
mobile live fire training system.
3. Appropriate $275,680 Federal Grant
Revenue and $70,720 Capital Outlay
Fund to the Fire Department Capital
Outlay Budget within the Capital Outlay
Fund for purchase.
ff. Accept base bid and additive alternates 1 & 2, AGR 09-154
and award contract to Garcia Roofing, Inc.
($91,553) for roof replacement at 1700 E. Planz
Road, Wastewater Treatment Plant No. 2.
gg. Accept bid and award contract to Kern AGR 09-155
County Construction, Inc. ($468,539) for
domestic water well block pumphouse, CBK-52
located at 9701 Grey Goose Street.
Miscellaneous:
hh. Appropriate $580 contribution to the
Recreation and Parks Department Operating
Budget within the General Fund for the
purchase and installation of a dog gate at the
north end of Kroll Park.
ii. Appropriate $17,840 of local contributions to
the Recreation and Parks Department Capital
Improvement Budget within the Capital Outlay
Fund for landscape improvements along
L Highway 99 between Hosking Road and McKee
Road.
8,1 6 Bakersfield, California, November 18, 2009 - Page 10
8. CONSENT CALENDAR continued ACTION TAKEN
jj. Accept and appropriate $2,000 of donations to
the Public Works Department's Operating
Budget within the General Fund for the
Westside Parkway Phase II Groundbreaking
Ceremony.
kk. Appropriate $80,000 Equipment Management
Fund balance to the Public Works Department
Operating Budget to replace four street
equipment items due to California Air
Resources Board regulations.
City Clerk McCarthy announced a correction to item
8.a., which should read: November 4, 2009... "
Councilmember Couch announced he would abstain
due to conflict of interest, potential source of income
to himself and his employer, on item 8.ff.
Councilmember Carson requested that item 8.p. be
removed for separate consideration.
Councilmember Benham requested that item 8.t. be
removed for separate consideration.
Councilmember Couch requested that item 8.c.2. be
removed for separate consideration.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8.kk., with correction to AB WEIR
item 8.a. and the removal for separate consideration
of items 8.p., 8.t., and 8.c.2.
C. First Reading of Ordinances:
2. Amending Section 16.16.080 E relating to REFERRED TO
extension of tentative map approval. STAFF
Motion by Councilmember Couch to give First APPROVED
Reading to Consent Calendar item 8.c.1. and AB WEIR
8.c.3., and refer to staff item 8.c.2.
847
Bakersfield, California, November 18, 2009 - Page 11
8. CONSENT CALENDAR continued ACTION TAKEN
P. Agreement with Community Action Partnership AGR 09-147
of Kern ($247,342 CDBG funds) for related
construction assistance and predevelopment
related soft costs for the Friendship House
Community Center located at 2424
Cottonwood Road.
Motion by Councilmember Carson to adopt APPROVED
Consent Calendar item 8.p. AB WEIR
t. Amendment No. 3 to Agreement No. 06-053 AGR 06-053(3)
with Parsons Transportation Group Inc.
($714,000; revised not to exceed $43,855,767)
for construction management services for the
freeway interchange construction on State
Route 178 at Fairfax Road. (TRIP)
Motion by Councilmember Benham to adopt APPROVED
Consent Calendar item 81 AB WEIR
9. CONSENT CALENDAR HEARINGS
None.
10. HEARINGS
a. Public Hearing to consider Resolution of RES 130-09
Necessity to determine whether the public
interest and necessity require acquisition by
eminent domain property located east of
Mohawk Road between the Cross Valley Canal
and Truxtun Avenue and a lot south of Truxtun
Avenue (Wanamaker, et al., owners), for the
Westside Parkway Project (Code Civ. Proc.
§ 1240.010), (TRIP)
City Manager Tandy made staff comments.
Hearing opened at 6:23 p.m.
No one spoke.
Hearing closed at 6:24 p.m.
Motion by Councilmember Benham to adopt APPROVED
the Resolution. AB WEIR
8 4 8 Bakersfield, California, November 18, 2009 - Page 12
11. CLOSED SESSION ACTION TAKEN
None.
12. CLOSED SESSION ACTION
None.
City Attorney Gennaro announced that at the Closed
Session meeting of October 7, 2009, City authorized
City Attorney to settle the matter of Aboelghar vs. City
in an amount not to exceed $650,000; matter has now
been resolved and all City defendants have been
dismissed.
13. REPORTS
a. Status Report regarding updating the
Metropolitan Bakersfield General Plan.
Planning Director Eggert made a powerpoint
presentation.
Councilmember Couch asked staff to come
back with a clear process for the City
workshops and, jointly, with the County, and to
ensure both entities are working with the same
data; and, suggested the City get clarification
from LAFCO regarding the urban reserve
designation.
b. City Council Goals Update.
City Manager Stinson gave an overview.
14. DEFERRED BUSINESS
None.
15. NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
In response to a question from Councilmember
Couch, City Attorney Gennaro advised that in order
for a Code Enforcement Officer to take action on a
violation using a photograph from a citizen with a time
and date on it, that it must be accompanied by a
complaint that is signed under penalty of purgery.
849
Bakersfield, California, November 18, 2009 - Page 13
ACTION TAKEN
16. COUNCIL AND MAYOR STATEMENTS continued
Councilmember Carson asked staff to look into
whether or not there is a limit on the number of
vehicles that can be parked on private property.
Councilmember Carson asked staff to look into the
possible refurbishing of the street on Canterbury Drive,
as well as the area on N Street between 4m Street and
Brundage Lane.
Councilmember Sullivan asked staff to repair a deep
pothole in Kern City on Bermuda, which is in the first
block north of Sundale.
Councilmember Sullivan asked staff to look into
refurbishing, such as painting, the east area of City
Hall South.
Councilmember Sullivan expressed her pleasure with
the appreciation and patriotism shown at the recent
Veterans Day events.
Councilmember Sullivan announced that there are
now 61 cities in California whose elected officials have
voted to display the national motto, In God We Trust,
in their city halls.
Mayor Hall congratulated the Graffiti subcommittee of
Keep Bakersfield Beautiful for a national award they
will receive on December 4t" in recognition of their
Adopt a Mailbox Program.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 6:52 p.m.
MAYOR of the 'ityoTf BakerATTEST:
06CITY CLERK and Ex Off i Clerk of
the Council of the City of Bakersfield
5 0 Bakersfield, Califtrria, Kvv~mber 18, 2009-Page 14
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