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HomeMy WebLinkAbout12/16/09CC MINUTES851 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF DECEMBER 16, 2009 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. Mayor Hall convened the meeting at 5:17 p.m. and asked for a moment of silence in the memory of Darrell Hildebrand, KernCog colleague, who passed away on November 5, 2009. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Scrivner, Councilmembers Carson, Benham, Weir, Couch, Sullivan Absent: Councilmember Hanson L2. INVOCATION by Councilmember Carson. 3. PLEDGE OF ALLEGIANCE by Councilmember Weir. Mayor Hall recognized Boy Scout Troop 53 in attendance at the meeting to earn their merit badge in community citizenship and communications. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to John Fallgatter, Roliy Rhodes and Greg Sceals honoring their beautification efforts in downtown Bakersfield and declaring December 16, 2009 as Fallgatter Rhodes Insurance Services Day. Messrs, Fallgatter, Rhodes and Sceals received the Proclamation, and Mr. Fallgatter made comments. ACTION TAKEN E J 111 Bakersfield, California, December 16, 2009 - Page 2 4. PRESENTATIONS continued ACTION TAKEN b. Presentation by Mayor Hall of a Proclamation to Arin Resnicke designating January 7-14, 2010 as Architectural Awareness Week. Mr. Resnicke received the Proclamation and made comments. Mayor Hall recognized the Keep Bakersfield Beautiful Committee in attendance in support of the presentation to Fallgatter Rhodes Insurance Agency. 5. PUBLIC STATEMENTS a. Susan Stone, President of Bakersfield Sister City Project Corporation, who introduced Past President Frank Tripicchio, Past President and Board Member Emeritus George Ogden, and Board Members Nazar Kooner, Gurujodha Khalsa, Manuel Arriola, and several members of the Punjabi community; and spoke in support of Consent Calendar Item 8.m., the Resolution designating Amritsar, Punjab, India, as Bakersfield's newest Sister City. b. Carol Bender and Gordon Nipp spoke in opposition to the rezoning ordinances in Consent Calendar items 8,c. and 8.d. C. Marvin Dean, President of the Kern Minority Contractors Association, spoke regarding the 3rd Annual Public Contracting Expo on January 21, 2010, and the Awards Appreciation Dinner on January 20th, invited the City Council to attend and provided written material. d. Louis Vegas, owner of One Way Towing spoke regarding a proposed Metro program and provided written material. e. Stephanie Campbell spoke regarding the annual Martin Luther King, Jr. Breakfast and Youth Luncheon on January 18, 2010; the California Asset Policy Initiative and provided written material; thanked Police Chief Rector for his years of service, open-door policy and participation in community events and activities; and thanked City Clerk McCarthy for her years of service. £53 Bakersfield, California, December 16, 2009 - Page 3 6. WORKSHOPS None. 7. APPOINTMENTS Mayor Hall announced that since there was only one candidate for each Board appointment, no ballots will be handed out to the City Council for voting. a. One appointment to the Fire Civil Service Board, due to the expiration of term of Mike L. George, whose term expires December 31, 2009. ACTION TAKEN Motion by Vice-Mayor Scrivner to reappoint APPROVED Mike L. George to the Fire Civil Service Board for AB HANSON a 3-year term to expire December 31, 2012. b. One appointment to the Miscellaneous Civil Service Board, due to the expiration of term of Daniel Williams, whose term expires December 31, 2009. Motion by Vice-Mayor Scrivner to reappoint APPROVED Daniel Williams to the Miscellaneous Civil AB HANSON Service Board for a 3-year term to expire December 31, 2012. C. One appointment to the Police Civil Service Board, due to the expiration of term of Steven C. Anderson, whose term expires December 31, 2009. Motion by Vice-Mayor Scrivner to reappoint APPROVED Steven C. Anderson to the Police Civil Service AB HANSON Board for a 3-year term to expire December 31, 2012. d. One appointment to the Kern Mosquito and Vector Control District, due to the expiration of term of Morris C. Mahlmann, whose term expires December 31, 2009. Motion by Vice-Mayor Scrivner to reappoint APPROVED Morris C. Mahlmann to the Kern Mosquito and AB HANSON Vector Control District for a 2-year term to expire December 31, 2011. E~ J n Bakersfield, California, December 16, 2009 - Page 4 8. CONSENT CALENDAR ACTION TAKEN Minutes: a. Approval of minutes of the November 18, 2009 Regular City Council Meeting. Payments: b. Approval of department payments from ABS WEIR November 6, 2009 to December 3, 2009 in the amount of $28,532,267.38 and self- insurance payments from November 6, 2009 to December 3, 2009 in the amount of $476,582.72. Ordinances: C. First Reading of Ordinance amending the FR Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from County A (Exclusive Agriculture) to R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), C-O (Professional and Administrative Office), C-2 (Regional Commercial) and A (Agriculture) on 783.21 acres located west of Renfro Road, between Kratzmeyer and Reina roads, east of Nord Avenue (ZC 09-0591 - Tom Dee, representing Western Properties). d. First Reading of Ordinance amending the FR Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from County A (Exclusive Agriculture) to R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), E (Estate) and C-2 (Regional Commercial) on approximately 1,614 acres located on the west side of Santa Fe Way, between Seventh Standard and Kratzmeyer roads, east of Greeley Road (future alignment) (ZC 09-0609 - Keith Gardner, representing Rosedale Ranch Farming Group, Gardiner Family LLC, and Grimmway Enterprises, Inc.: the property owners). e. Adoption of Ordinances: Amending Sections 5.56.010, 5.56.020, ORD 4607 and 5.56.040 relating to transient outdoor businesses. 5 E 5 Bakersfield, California, December 16, 2009 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN L Item 8.e. continued 2. Amending Section 16.32,080 ORD 4608 relating to improvements in subdivisions for which parcel map is required, f. Adoption of Ordinance approving Zone ORD 4609 Change No. 09-0604 to modify Condition No. 5 and Condition No. 17 for GPA/ZC No. 05-0844, located at the southeast corner of Seventh Standard Road and planned Allen Road alignment (ZC 09-0604 - Summit Engineering). g. Adoption of Ordinance approving the Notice ORD 4610 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 located south of Highway 178 and east of Miramonte Drive (ZC 06-1681 - Porter and Associates, Inc., representing A&E Union, Inc.). Resolutions: h. Resolution adopting the Investment Policy of the City. RES 131-09 i. Sewer construction and connection fee(s) assessment for 140 Dunlap Street: 1. Resolution confirming assessments for the construction and connection fee(s) and RES 132-09 authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Milton J. Campos and Kimberly G. Campos to pay construction AGR 09-156 and connection fee(s) in installments and notice of special assessment lien. j. Resolution approving the application for grant RES 133-09 funds for the Environmental Enhancement and Mitigation Program, pursuant to Section 164,56 of the Streets and Highways Code, to landscape existing medians along a portion of Chester Avenue and authorizing the Public Works Director or designee to execute all necessary documents. F 5 6 Bakersfield, California, December 16, 2009 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN k. Holmatro Rescue Equipment: Resolution determining that Holmatro RES 134-09 rescue equipment cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $63,000. 2. Approve the purchase of replacement Holmatro rescue equipment from FS3 in the amount of $63,000. 1. Resolution adding territory Area 2-42 (5801 RES 135-09 District Boulevard) to the Consolidated Maintenance District, confirming assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. M. Resolution designating Amritsar, Punjab, India, RES 136-09 as a Sister City. AGR 09-172 n. Resolution confirming approval by the Assistant RES 137-09 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 the demolishment of dangerous buildings, and authorize collection of the assessments by the Kern County Tax Collector. J J Agreements: o. Agreement with The Bakersfield Sports AGR 09-157 Foundation delineating the parties' obligations and responsibilities for hosting the 2010 Stage 5 Finish of the Amgen Tour of California, P. Police Service Dogs: 1. Agreement with Master K-9, Inc. AGR 09-158 ($25,835) to purchase two Police Service Dogs and train two Police K-9 handlers. Bakersfield, California, December 16, 2009 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.p. continued 2. Appropriate $33,420 Seized Asset Forfeiture Revenues to the Police Department Operating Budget in the General Fund for the purchase of two Police Service Dogs, initial 5-week training, lodging and per diem for two Police K-9 handlers, q. Agreements with S&K Engineering ($200,000), AGR 09-159 McIntosh & Associates ($200,000), and Meyer AGR 09-160 Engineering ($200,000) to provide on-call AGR 09-161 construction inspection services for Development Projects and Capital Improvement Program. r. Agreement with Bakersfield Homeless Center AGR 09-162 ($153,504) for sorting of green waste material at the Mt. Vernon Green Waste Facility. S. Agreement with Soils Engineering, Inc. AGR 09-163 ($448,375) to provide materials testing services for calendar years 2010 and 2011. t. Reciprocal Surface Agreements with Chevron U.S.A., Inc., to lease space for communications facilities: 1. Agreement to lease space at Chevron's AGR 09-164 Warner Communications site, located at China Grade Loop Road, to maintain and operate City radio and microwave equipment for communication purposes. 2. Agreement to lease space to Chevron AGR 09-165 at City's communications facility at 4200 Panorama Drive for communication purposes. U. Agreement with Pacific Gas and Electric Co. AGR 09-166 ($117,425) for relocation of electric distribution facilities in conflict with City's Mohawk Street Extension Project - Westside Parkway Phase 1 (TRIP), 158 Bakersfield, California, December 16, 2009 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN V. Amendment No. 2 to Agreement No. 06-208 with Dokken Engineering ($330,000; revised not to exceed $7,015,674) for engineering design services for the Westside Parkway Project Phases I and IV. (TRIP) W. Amendment No. 3 to Agreement No. 06-345 with Valley Pacific Petroleum Services, Inc. ($4,000,000; revised not to exceed $16,000,000) and extending term for one year for the annual contract for gasoline and diesel fuel. X. Amendment No. 4 to Agreement No. 06-391 with Bradco Industrial Corp. extending term for one year for the annual contract for wood grinding with no dollar cost increase. Y. Amendment No. 2 to Agreement No. 08-123 with AmCal Santa Fe Fund, L.P. for the construction and development of approximately 3,000 square feet of commercial/retail space and 55 affordable multifamily units at 701 Union Avenue - Santa Fe Apartments to extend performance dates. Z. Amendment No. 1 to Agreement No. 08-208 with Precision Fertilizer Spreading ($247,000; revised not to exceed $357,250) and extending term for one year for the annual contract for hauling and spreading biosolids. aa. Amendment No. 1 to Agreement No. 08-225 with Muxlow Construction ($50,000; revised not to exceed $100,000) of Community Development Block Grant funds to provide handicap access improvement services to qualified low-income residents in owner occupied structures. bb. Amendment No. 1 to Agreement No, 08-237 with Pickinpaugh Concrete Construction, Inc., extending term for one year for the annual contract for block wall repair with no dollar cost increase. AGR 06-208(2) AGR 06-345(3) AGR 06-391(4) AGR 08-123(2) AGR 08-208(1) AGR 08-225(1) AGR 08-237(1) E59 Bakersfield, California, December 16, 2009 - Page 9 8. CONSENT CALENDAR continued cc. Amendment No. 1 to Agreement No. 09-080 with The Ramsay Group, LLC ($9,400; revised not to exceed $74,350) for consulting services in the preparation of the 2010-2015 Consolidated Plan, the Citizen Participation Plan, and the Analysis of Impediments to Fair Housing Choices for the U.S. Department of Housing and Urban Development. dd. Roof repairs at the Bakersfield Sanitary Landfill Building Project: 1. Amendment No. 1 to Agreement No. PW 09-159 with Solar Coatings, Inc., for project. 2. Contract Change Order No. 1 to Agreement with Solar Coatings, Inc. ($24,586; revised not to exceed $53,669), for project. ee. Environmental Impact Report (EIR) for General Plan Amendment/Zone change No. 06-1877 L (Bakersfield Commons Project) located north of Brimhall Road, generally east and west of Coffee Road: 1. Amendment No. 2 to Agreement No. 07-021 with Christopher A. Joseph & Associates ($51,055; revised not to exceed $461,055) for preparation of an EIR. 2. Appropriate $51,055 (developer's contribution) to the Development Services Operating Budget in the General Fund for the EIR consultant. ff. Contract Change Order No. 1 to Agreement No. 08-117 with AC Electric Co. ($17,855; revised not to exceed $315,950) for traffic signal and lighting, Mill Creek Linear Park located at 19th and 21 st streets. ACTION TAKEN AGR 09-080(1) AGR 09-167 AGR 09-167 0001 AGR 07-021(2) AGR 08-117 0001 ABS COUCH U60 8. Bakersfield, California, December 16, 2 CONSENT CALENDAR continued gg. Mill Creek Linear Park Phases 2, 4, 5A and 5B: 1. Contract Change Order Nos. 11 and 12 to Agreement No. 09-031 with Elite Landscaping ($303,147; revised not to exceed $3,530,388.71), 009 -Page 10 ACTION TAKEN ABS COUCH AGR 09-031 CCO11, 00012 2. Transfer $291,000 from the Old Town Kern Redevelopment Project Area Operating Budget to the Public Works Department Capital Improvement Budget within the Old Town Kern Project Area Fund. Bids: hh. Accept bids from Jack Gosch Ford ($96,935.64) REMOVED for six replacement gasoline powered midsized sedans for the Police Department. ii. Accept bid from Flashco, Inc. ($65,296.40) for traffic cones, delineators and barricades for the Public Works Department, Streets Division. jj. Accept bid and award contract to Polydyne, AGR 09-168 Inc. ($46,807.30) for polymers for the Public Works Department, Wastewater Division Plant No. 3. kk. Purchase of Multimedia Display Systems for the Fire Department Operations Center (DOC). Accept bid from ATK Services, Inc, AGR 09-169 ($86,970) for purchase of multimedia display systems for the Fire Department DOC. 2. Appropriate $174,221 Federal Grant Revenue to MMRS Fund. II. Accept bid and award contract to A-C Electric AGR 09-170 Co, ($211,866.40) for traffic signal and lighting system installation on Union Avenue at Hosking Road. mm. Accept bid and award contract to Amber AGR 09-171 Chemical, Inc. (not to exceed $75,000) for pool chemicals. C. 61 Bakersfield, California, December 16, 2009 - Page 11 8. CONSENT CALENDAR continued Miscellaneous: nn. Appropriate $58,891 Federal Grant Revenues (FY2009-10 Sobriety Checkpoint Mini-Grant Award from the State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for DUI checkpoints in the Traffic Division. oo. Appropriate $37,158 Federal Grant Revenues (FY2009-10 Next Generation - Click It or Ticket Mini-Grant Program from the State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for seatbelt enforcement mobilization for the Traffic Division. pp. Appropriate $22,000 Fire Trust, Hazmat Penalty account to the Fire Department's Operating Budget within the General Fund for purchases of hazardous materials equipment. ACTION TAKEN qq. Quitclaim Deed to K. Hovnanian at Bakersfield DEED 7248 463, LLC and Bakersfield City School District for an overflow parking easement over land adjacent to the Mesa Marin Softball Complex. rr. Audit Reports (refer to Budget and Finance Committee): 1. Comprehensive Annual Financial Report (CAFR) for fiscal year ended June 30, 2009. 2. Agreed Upon Conditions Report for fiscal year ended June 30, 2009. 3. Independent Auditors Report (Draft) - Schedule of Federal Expenditures for City of Bakersfield for fiscal year ended June 30, 2009. 4. Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for fiscal year ended June 30, 2009. ~G? Bakersfield, California, December 16, 2009 - Page 12 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.rr. continued 5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for fiscal year ended June 30, 2009. 6. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Bright House Networks Amphitheatre for fiscal year ended June 30, 2009. ss. Fiscal Year 2008-2009 Annual Compliance Report for Park Impact Fees prepared in accordance with California Government Code §66006. tt. Fiscal Year 2008-2009 Annual Compliance Report for Transportation Impact Fees prepared in accordance with California Government Code §66006. uu. Fiscal Year 2008-2009 Annual Compliance Report for Bridge Crossings and Major Thoroughfare Fees prepared in accordance with California Government Code §66006. vv, Fiscal Year 2008-2009 Annual Compliance Report for Planned Drainage Area Fees prepared in accordance with California Government Code §66006, ww. Fiscal Year 2008-2009 Annual Compliance Report for Planned Sewer Area Fees prepared in accordance with California Government Code §66006. City Clerk McCarthy announced correspondence was received in opposition to Consent Calendar items 8.c. and 8.d., and staff has requested that item 8.hh. be pulled. Councilmember Weir announced he would abstain due to conflict of interest, source of income to himself, on item 8.b. Councilmember Couch announced he would abstain due to conflict of interest, potential source of income to himself and his employer, on items 8.ff. and 8.gg. 8 6 3 Bakersfield, California, December 16, 2009 - Page 13 8. CONSENT CALENDAR continued Motion by Vice-Mayor Scrivner to adopt Consent Calendar items 8.a. through 8.ww., with the removal of items 8.hh. 9. CLOSED SESSION None. 10. CLOSED SESSION ACTION None. 11. CONSENT CALENDAR HEARINGS a. Public Hearing to consider Resolution establishing Underground Utility District No. 2, Division 33 (California Avenue - S Street to Union Avenue). (Staff recommends overriding protests and adoption of Resolution.) b. Public Hearing to consider Resolution establishing Underground Utility District No. 2, Division 34 (Calloway Drive - Hageman Road to Meacham Road). (Staff recommends overriding protests and adoption of Resolution.) c. Public Hearing to consider Resolution ordering the vacation of Beale Avenue (old alignment) from the north right of way of East Truxtun Avenue to the north right of way of the BNSF Railroad. (Staff recommends adoption of Resolution.) d. Public Hearing to consider Resolution ordering the vacation of that portion of right of way of E. 21 st Street and Gage Street to 10 feet north and 10 feet south of the centerline of the existing tracks of the BNSF Railroad. (Staff recommends adoption of Resolution.) e. Public Hearing to consider Resolution approving the issuance of tax exempt multifamily housing revenue bonds by the California Municipal Finance Authority to benefit CIC South Mill Creek, L.P. (Chelsea Investment Corporation) for the acquisition and construction of a 70-unit multifamily housing project located at 1401 S Street, known as the South Mill Creek Apartments. (Staff recommends adoption of Resolution.) ACTION TAKEN APPROVED AB HANSON RES 138-09 RES 139-09 RES 140-09 RES 141-09 RES 142-09 ABS COUCH 164 Bakersfield, California, December 16, 2009 - Page 14 11. CONSENT CALENDAR HEARINGS continued ACTION TAKEN Public Hearing to consider Resolution ordering RES 143-09 the vacation of the west 112-foot portion of alley right of way easement located east of H Street between 8th and 10th streets. (Staff recommends adoption of Resolution.) g. Public Hearing to consider Resolution ordering RES 144-09 the vacation of remaining dedication of Comanche Drive (old alignment) south of State Highway 178. (Staff recommends adoption of Resolution.) h, Public Hearing to consider Resolution adopting RES 145-09 fees pursuant to the cost recovery program (Master Fee Schedule). (Staff recommends adoption of Resolution.) City Clerk McCarthy announced correspondence was received from Jones Lang LaSalle on Consent Calendar Hearing items. I I .c. and l I .d. Consent Calendar Hearings opened at 5;56 p.m. No one spoke. Consent Calendar Hearings closed at 5;58 p.m. Councilmember Couch announced he would abstain due to conflict of interest, potential source of income to himself and his employer, on Consent Calendar Hearing items 11.e. Motion by Vice-Mayor Scrivner to adopt Consent APPROVED Calendar Hearing items 11. a. through I I.h. AB HANSON 12. HEARINGS None. 13. REPORTS a. Update on Capital Improvement Program Budget. Public Works Director Rojas introduced Civil Engineer Braboy, who gave a computer presentation. Councilmember Benham left the meeting at 6:00 p.m. CC'S Bakersfield, California, December 16, 2009 - Page 15 13. REPORTS continued ACTION TAKEN L Councilmember Carson requested a copy of the report and would like to know how many local and minority contractors have been used in any of the projects and how the ARRA money was allocated. PREVIOUSLY Councilmember Carson asked that the issue of REFERRED TO enhancing the use of local contractors be referred to BURG T & FINANCE the Legislative and Litigation Committee. 14. DEFERRED BUSINESS None. 15. NEW BUSINESS None. 16. COUNCIL AND MAYOR STATEMENTS Councilmember Carson announced there is a Safe Neighborhood Committee Meeting tomorrow and invited the public to attend. L Councilmember Carson asked the community for assistance in helping a large family with 10 children that has been forced to move from their home at 1201 E. Planz due to lack of sewer services. Councilmember Sullivan referred to the Community Services Committee the recommendations made at a recent community meeting regarding the Bike Path, and asked staff to prepare a report addressing the comments and suggestions regarding the addition of signage, rules of use and maintenance issues. Councilmember Weir wished City Clerk McCarthy the very best in her retirement. Councilmember Couch offered best wishes to all the retirees. Councilmember Couch asked staff to report back to the City Council if there is a plan to maintain the block walls and what funding mechanism would be available to provide repairs. 866 Bakersfield, California, December 16, 2009 - Page 16 16. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN Councilmember Sullivan wished City Clerk McCarthy well and thanked her for her service to the City. Vice-Mayor Scrivner thanked staff for their assistance with referrals and issues in Ward 7 throughout the year; and offered best wishes to Police Chief Rector, City Clerk McCarthy and Water Resources Manager Core on their retirement. All the City Council wished everyone a Merry Christmas and Happy Holidays. Mayor Hall wished City Clerk McCarthy well on her retirement, and wished everyone Merry Christmas and Happy New Year, 17. ADJOURNMENT Mayor Hall adjourned the MAYOR of the City of Bakersfield, ATTEST: CITY CLERK and Ex O i o Clerk of the Council of the City of Bakersfield