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HomeMy WebLinkAbout01/13/10 CC MINUTES867 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 13, 2010 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN Mayor Hall announced the towing issue will be discussed at the January 27, 2010 City Council Meeting, and indicated public speakers will still be heard on this matter tonight. Mayor Hall called upon City Manager Tandy who announced the appointments of the new Chief of Police Greg Williamson and City Clerk Roberta Gafford. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Scrivner, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan Absent: None. 2. INVOCATION by Rabbi Shmuel Schlanger, with Chabad of Bakersfield Synagogue. 3. PLEDGE OF ALLEGIANCE by Tristan Cook, 5th grade student at Laurelglen Elementary School. Mayor Hall recognized the Ridgeview High School Government Class in attendance at the meeting to learn about City government. 4. PRESENTATIONS None. 5. PUBLIC STATEMENTS a. Dolores Barton spoke in support of prayer at City Council meetings. V Bakersfield, California, January 13, 2010 - Page 2 ACTION TAKEN 5. PUBLIC STATEMENTS continued b. Robert Ring, of the law firm of Ring and Green, representing 15 local independent tow companies; Christina Huff, owner of Payless Towing; and Ray Tavakoli, owner of Louis 2 Towing, spoke in support of modifying the ordinance for Police towing in the City. C. Rev. Wesley Crawford spoke regarding enforcement of 1 -9 Federal Policy on private contractors. Councilmember Benham asked staff to respond to Mr. Crawford's inquiry and make sure the City is in compliance with all pertinent laws and regulations. d. Jose Quirarte spoke regarding a problem with his ex- landlord. Councilmember Sullivan asked staff to respond to Mr. Quirarte's comments regarding the City's responsibility as it relates to his problem. e. Trice Harvey, representing the Bakersfield Towing Companies Coalition, spoke in opposition to modying the Police tow contracts. 6. WORKSHOPS None. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the December 16, 2009 Regular City Council Meeting. Payments: b. Approval of department payments from ABS WEIR December 3, 2009 to December 21, 2009 in the amount of $18,317,847.28 and self - insurance payments from December 3, 2009 to December 21, 2009 in the amount of $211,690.20. 869 Bakersfield, California, January 13, 2010 - Page 3 8. CONSENT CALENDAR continued ACTION TAKEN Ordinances: C. First Reading of Ordinance amending Municipal FR Code Sections 1. 12.060 and 1. 12.040 by adding Annexation No. 612 consisting of 14,017 square feet, located at the northeast corner of Belle Terraced and Fiorito Street to Ward 6 and Annexation No. 618 consisting of 2.89 acres, located on the west side of Allen Road, north of Stockdale Highway to Ward 4. d. Adoption of Ordinance amending the Official ORD 4611 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). (FR 12116109) e. Adoption of Ordinance amending the Official ORD 4612 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 Gardiner, representing Rosedale Ranch Farming Group, Gardiner Family LLC, and Grimmway Enterprises, Inc.; the property owners). (FR 12116109) Resolutions: f. Resolution authorizing the transfer of unclaimed RES 001 -10 money ($2,641.70) to the General Fund. 1.1 Bakersfield, California, January 13, 2010 -Page 4 CONSENT CALENDAR continued g. Resolution regarding the use of Housing Set - Aside Monies from the Downtown Bakersfield and Southeast Bakersfield Redevelopment Project Areas in the Old Town Kern - Pioneer Redevelopment Project Area, and Making of Benefit Findings in Connection Therein: 1. Appropriate $783,484 Downtown Bakersfield Redevelopment Project Area Low -Mod Fund Balance to the operating budget within Low -Mod Fund, 2. Transfer $700,000 within the operating budget of the Downtown Bakersfield Redevelopment Project Area Low -Mod Fund from the Downtown Downpayment Assistance Program to the Baker Street Village Project. h. Resolution approving the application for Grant Funds for the Transportation Enhancement Program under U.S. Code, Title 23, Sections 104B(3) and 133D(2) to landscape a portion of Stockdale Highway and to construct a bike path at the Calloway Weir, and authorizing the Public Works Director or Designee to execute all necessary documents. i. Resolution of Intention No. 1654 to order the vacation of a sewer line easement located at 9628 Rosedale Highway. Resolution determining that the City Manager, Fire Chief, or Deputy Fire Chief are appointed as agents authorized to execute any actions necessary for the purpose of obtaining grants from the California Emergency Management Agency. Agreements: Agreement with the California State Historic Preservation Officer regarding the rehabilitation of historic properties affected by use of revenue from the Department of Housing and Urban Development Part 58 Programs. Wastewater Division Settlement Agreement with Bolthouse Farms ($622,821.27) for collection and treatment of large unreported sewer discharges. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION RES 003 -10 R011654 RES 004 -10 AGR 10 -001 AGR 10 -002 Bakersfield, California, January 13, 2010 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN M. Agreement with Old River Road, LLC (Impact Fee credit not to exceed $230,813) for street construction improvements on Old River Road between Panama Road and McCutchen Road, adjacent to Tract 6359. n. Agreement with Pacific Gas and Electric Co. ($466,553) for relocation of electric distribution facilities in conflict with the Westside Parkway Phase 2 Project (TRIP). o. Agreement with Kern High School District ($50,000) for use of aquatic facilities for practice and swim meets. P. License Agreement with Kern County Water Agency (City to pay $1.00) for the City to cross over the Cross Valley Canal siphon during the construction of Westside Parkway. (TRIP) q. Improvement Agreement with Kaiser Permanente Medical Center ($3,299,725) to construct two new roads and replace one road on the perimeter of property located south of the Arvin Edison Canal and east of Colony Street. r. Homelessness Prevention Services and Rapid Re- Housing Services (HPRP): Amendment No. 1 to Agreement No, 09 -126 with Bethany Services /Bakersfield Homeless Center to allow for an advance ($20,000) of funding for the Homelessness Prevention Services. 2. Amendment No. 1 to Agreement No. 09 -127 with Bethany Services /Bakersfield Homeless Center to allow for an advance ($20,000) of funding for the Rapid Re- Housing Services. S. Amendment No. 1 to Agreement No. 09 -070 to reimburse SMG the building rental cost ($10,000) for the Jehovah's Witnesses Congregation's additional sixth weekend convention held at Rabobank Arena. AGR 10 -003 AGR 10 -004 AGR 10 -005 AGR 10 -006 AGR 10 -007 AGR 09- 126(1) ABS COUCH AGR 09- 127(1) ABS COUCH AGR 09- 070(1) 871 US 7? 8. Bakersfield, California, January 13, 2010 - Page 6 CONSENT CALENDAR continued t. HOME Investment Partnership Funds: Amendment No. 1 to Agreement No. 08- 160 /RA 08 -016 Assignment Agreement with the Bakersfield Redevelopment Agency for use of federal HOME Investment Partnership Funds ($1,000,000; revised not to exceed $3,000,000) for a housing project located within South Mill Creek with Chelsea Investment Corporation. 2. Termination of Agreement No. 05- 195/RA05 -002 and amendments with the Bakersfield Redevelopment Agency for the use and repayment of federal HOME Investment Partnership Funds ($3,681,619) for Old Town Kern Baker Street Project. U. Wastewater Treatment Plant No. 3 - 2007 Expansion Project: Amendment No. 7 to Agreement No. 04 -214 with Parsons Water and Infrastructure ($53,300; revised not to exceed $17,703,727) for additional design services on the arterial roads adjacent to the Wastewater Treatment Plant No. 3 Expansion Project. 2. Transfer $53,300 from a budgeted Capital Improvement Project (Wastewater Treatment Plant No. 3 Arterial Roads) to another Capital Improvement Project (Waterline extension to Wastewater Treatment Plant No. 3 from Ashe Road to Taft Highway) within the Sewer Enterprise Fund to fund this amendment. V. Amendment No. 1 to Agreement No. 07 -132 with Parsons Transportation Group Inc. ($101,465.94; revised not to exceed $2,951,215.76) for additional environmental and engineering services on State Route 99 at Hosking Avenue Interchange for Project Approval and Environmental Documents (PA &ED), and Plans, Specifications and Estimate (PS &E). ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION AGR 04- 214(7) AGR 07- 132(1) Bakersfield, California, January 13, 2010 - Page 7 8. CONSENT CALENDAR continued W. Amendment No. 2 to Agreement No. 08 -114 with Duane Morris, LLP ($200,000; revised not to exceed $500,000) for outside legal services concerning State Water Resources Control Board, Reference No. KMB:A31674. X. Amendment No. 2 to Agreement No. 03 -213 with the Greater Bakersfield Separation of Grade District ($15,000; revised not to exceed $232,000) for preliminary design and right of way engineering for the Mohawk Street and Burlington Northern and Santa Fe Railroad separation of grade project. (TRIP) Y. Contract Change Order Nos. 34, 37, 42, and 80 to Agreement No. 07 -304 with Security Paving Construction ($131,247.36; revised not to exceed $30,472,428.87) for the State Route 178 and Fairfax Road Interchange Project. (TRIP) Z. Contract Change Order Nos. 1 through 4 to Agreement No. 09 -075 with Griffith Company (net cost decrease of $21,741.58; revised not to exceed $3,875,353.13) for the Street Improvements along Stockdale Highway from Country Club entrance to Ashe Road and Village Lane to Weatherly Drive Project. aa. Contract Change Order No. 1 to Agreement No. 09 -129 with Granite Construction ($67,074.10; revised not to exceed $682,582.10) for the Pavement Rehabilitation 2009 CDBG -R Project. Bids: bb. Accept bid from McPeek's Dodge of Anaheim ($96,739.34) for six replacement midsize sedans for the Police Department and Fleet Services Division. CC. Accept base bid and additive alternates 1 and 2 and award contract to Community Playgrounds, Inc. ($162,305) for the installation of playground equipment at five City park locations. ACTION TAKEN AGR 08- 114(2) AGR 03- 213(2) AGR 07 -304 CCO34, CCO37, CCO42, CCO80 AGR 09 -075 CCO 1, CCO2, CCO3, CCO4 AGR 09 -129 CC01 AGR 10 -008 873 871 Bakersfield, California, January 13, 2010 —Page 8 8. CONSENT CALENDAR continued ACTION TAKEN Miscellaneous: dd. Appropriate contributions totaling $900 to the Recreation and Parks Department Operating Budget within the General Fund for the MLK Community Center. ee. Final Tract Map with Castle & Cook California, Inc., for Tract Map 7166 Units 17 & 18 located south of Ming Avenue and west of Gosford Road. ff. Acceptance of 2008 -09 Transportation Development Act Funds Financial Statements (refer to Budget and Finance Committee) gg. Review and acceptance of the Fiscal Year 2008 -2009 Annual Compliance Report for Park Impact Fees prepared in accordance with California Government Code §66006. hh. Review and acceptance of the Fiscal Year 2008 -2009 Annual Compliance Report for Transportation Impact Fees prepared in accordance with California Government Code §66006. ii. Review and acceptance of the Fiscal Year 2008 -2009 Annual Compliance Report for Planned Sewer Area Fees prepared in accordance with California Government Code §66006. jj. Review and acceptance of the Fiscal Year 2008 -2009 Annual Compliance Report for Planned Drainage Area Fees prepared in accordance with the California Government Code §66006. kk. Review and acceptance of the Fiscal Year 2008 -2009 Annual Compliance Report for Bridge Crossing and Major Thoroughfare Fees prepared in accordance with California Government Code §66006. ll. Revision to Miscellaneous Civil Service Rules & Regulations Section 3.03A. mm. City Council Goals Update. 8'"5 Bakersfield, California, January 13, 2010 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN City Clerk Gafford announced a hearing notice was inadvertently mailed regarding item 8.1., and new notices will be distributed for a hearing date to be set for February 17, 2010, to be published and mailed to the property owners. 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, board member, on item 8.r. Councilmember Carson requested that items 8.g. and 8.t. be removed for separate consideration. Motion by Vice -Mayor Scrivner to adopt Consent APPROVED Calendar items 8.a. through 8.mm., with the removal of items 8.g. and 8.t. for separate consideration. g. Resolution regarding the use of Housing Set- RES 002 -10 Aside Monies from the Downtown Bakersfield and Southeast Bakersfield Redevelopment Project Areas in the Old Town Kern - Pioneer Redevelopment Project Area, and Making of Benefit Findings in Connection Therein: 1, Appropriate $783,484 Downtown Bakersfield Redevelopment Project Area Low -Mod Fund Balance to the operating budget within Low -Mod Fund. 2. Transfer $700,000 within the operating budget of the Downtown Bakersfield Redevelopment Project Area Low -Mod Fund from the Downtown Downpayment Assistance Program to the Baker Street Village Project. At the request of Councilmember Carson, Economic Development Director Kunz made comments regarding Consent Calendar items 8.g. and 8.t. Motion by Councilmember Carson to adopt APPROVED Consent Calendar item 8.g. 8. a ANW, Bakersfield, California, January 13, 2010 - Page 10 CONSENT CALENDAR continued t. HOME Investment Partnership Funds: Amendment No. 1 to Agreement No. 08- 160 /RA 08 -016 Assignment Agreement with the Bakersfield Redevelopment Agency for use of federal HOME Investment Partnership Funds ($1,000,000; revised not to exceed $3,000,000) for a housing project located within South Mill Creek with Chelsea Investment Corporation, 2. Termination of Agreement No. 05- 195/RA05 -002 and amendments with the Bakersfield Redevelopment Agency for the use and repayment of federal HOME Investment Partnership Funds ($3,681,619) for Old Town Kern Baker Street Project. Motion by Councilmember Carson to adopt Consent Calendar item 8.t. CONSENT CALENDAR HEARINGS a. Resolution ordering the vacation of a flowage and drainage easement at the southeast corner of the property located at 68 E. White Lane, PM 11785. (Staff recommends adoption of Resolution.) b, Resolution approving a tax - exempt bond financing by the California Statewide Communities Development Authority to benefit American Baptist Homes of the West (Rosewood Retirement Community located at 1301 New Stine Road) and certain affiliates. (Staff recommends adoption of Resolution.) Consent Calendar Hearings opened at 5:50 p.m. No one spoke. Consent Calendar Hearings closed at 5:50 p.m. Motion by Vice -Mayor Scrivner to adopt Consent Calendar Hearing items 9.a. and 9.b. ACTION TAKEN AGR 08- 160(1) APPROVED RES 005 -10 RES 006 -10 877 Bakersfield, California, January 13, 2010 - Page 11 10. HEARINGS ACTION TAKEN None. 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Carson asked Police Department staff to contact her. Councilmember Sullivan referred to the Community Services Committee the issue of revising the minimum standards for medians in more established areas of the City where there is no new construction, because the standard is lower than it needs to be. Councilmember Sullivan expressed her appreciation for the City's efforts in experimenting with artificial turf on the south Stine median, Councilmember Sullivan mentioned she attended the Maya Cinema for the first time and is very impressed with the theater and the fact that Mr. Esparza, the chairman of the cinema, was present in the lobby greeting customers. Mayor Hall offered congratulations to Police Chief Williamson and City Clerk Gafford on their promotions. Councilmember Benham asked staff to respond to correspondence regarding a concern about an oil production site. Councilmember Benham asked for a report from the Police Department regarding recent criminal activity in the California Avenue area west of the freeway and look at ways to make the area safer for the businesses and residents. C. 78 Bakersfield, California, January 13, 2010 - Page 12 15. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed session pursuant to subdivision (a) of Government Code Section 54956,9 for the following cases: 1. Sanders & McDaniel v. City - USDC Case No. CV -F -04 -5541 AWI 2. Land Lot 1, LLC, et al v City - KCSC Case No. S- 1500 -CV- 263357 WDP. ACTION TAKEN b. Conference with Legal Counsel - Potential PULLED Litigation; Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9, (One potential case) C. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. d. Public Employee Performance Evaluation - City Attorney; Closed session pursuant to Government Code Section 54957(b)(1) / 54957.6. Motion by Vice -Mayor Scrivner to adjourn to Closed APPROVED Session at 5:57 p.m. Motion by Councilmember Weir to adjourn from APPROVED Closed Session at 7:51 p.m. RECONVENED MEETING AT 7:52 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. Sanders & McDaniel v. City - USDC Case No. CV -F -04 -5541 AWI 2. Land Lot 1, LLC, et al v City - KCSC Case No. S- 1500 -CV- 263357 WDP. C. Conference with Labor Negotiator pursuant to government Code Section 54957.6, NO REPORTABLE ACTION NO REPORTABLE ACTION STAFF GIVEN DIRECTION 879 Bakersfield, California, January 13, 2010 — Page 13 16. CLOSED SESSION ACTION continued d. Public Employee Performance Evaluation - City Attorney; Closed session pursuant to Government Code Section 54957(b)(1) / 54957.6. Vice -Mayor Scrivner announced the City Attorney was given an excellent evaluation and her service is appreciated. 17. ADJOURNMENT Vice -Mayor Scrivner adjourned the meeting at 7:54 p.m. ATTEST: ACTION TAKEN COMPLETED FAVORABLE EVALUATION IL 4"- CITY CLERK and Ex Of o Clerk of the Council of the City of Bakersfield 880 Bakersfield, California, January 13, 2010 -Page 14 * ** *THIS PAGE INTENTIONALLY LEFT BLANK * * **