HomeMy WebLinkAbout03/24/10 CC MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 24, 2010
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 (seated at 5:25 p.m.) Hanson,
Sullivan
Absent: None.
City Manager Tandy made comments regarding adding an
item to the Agenda.
Motion by Vice -Mayor Scrivner to add the following item to APPROVED
the Agenda that arose after the Agenda was posted and AB COUCH
requires action tonight, as Consent Calendar Item 8.y.:
8. CONSENT CALENDAR
Miscellaneous:
Y. Quiet Zone on the Burlington Northern Santa Fe
(BNSF) Rail Corridor, Mojave Subdivision, from
State Route 99 to Sumner Street:
1. Grade Crossing Signal and Surface
Removal Agreement with BNSF Railroad
($230,251) for the closure of the
Highway /Rail crossing at Beale Avenue.
2. Grade Crossing Signal and Surface
Removal Agreement with BNSF Railroad
($168,355) for the closure of the
Highway /Rail crossing at Gage
Street /21 s' Street.
3. Transfer $398,606 from a budgeted
Capital Improvement Project
(Replacement of City Phone System) to
the Public Works Capital Improvement
Budget within the Capital Outlay Fund for
Quiet Zone Project.
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922 Bakersfield, California, March 24, 2010 - Page 2
2. INVOCATION by Pastor John Scoggins, Rosedale Bible ACTION TAKEN
Church.
3. PLEDGE OF ALLEGIANCE by Niki Lynn Hallmark, 2nd
grade student at Sandrini Elementary School.
Mayor Hall recognized the political science class students
from Bakersfield College in attendance at the meeting to
learn about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Judy Normoyle declaring April 2010, National
Donate Life Month.
Ms. Normoyle accepted the Proclamation and
made comments; and Kelly Sorrow and Abel
Hernandez also made comments.
b. Presentation by Mayor Hall of a Proclamation to
Maggie Cushine declaring March 20 -27, 2010
National Boys and Girls Club Week.
Jason Cohen, President of the Board of
Directors of the Boys and Girls Club, accepted
the Proclamation, on behalf of Maggie
Cushine, and made comments.
5. PUBLIC STATEMENTS
a. Daryl Thiesen, Susan Wiggins, Debra Leary,
Annaka Torres, and Charla Wilkins, representing
the Tobacco Free Coalition of Kern, spoke
regarding illegal sales of tobacco products to
minors and asked the City Council to reconsider
the issue of instituting a tobacco retail permit
ordinance which mirrors the County's
ordinance; and submitted written material.
Councilmember Sullivan referred this matter to the APPROVED
Legislative and Litigation Committee to review what
the County is doing to address underage tobacco
sales.
6. WORKSHOPS
None.
Bakersfield, California, March 24, 2010 — Page 3
7. APPOINTMENTS
a. One appointment to the Historic Preservation
Commission due to the expiration of term of
Scott Fieber, whose term expires March 30,
2010.
City Clerk Gafford announced applications were
received from incumbent Scott Fieber and Katherine
Faulkner.
Mayor Hall explained the ballot process, and ballots
were distributed.
City Clerk Gafford announced the individual who
received the most votes was Scott Fieber.
Motion by Vice -Mayor Scrivner to ratify the
reappointment of Scott Fieber as a Member of the
Historic Preservation Commission to a 3 -year term,
expiring March 30, 2013.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 10, 2010
Regular City Council Meeting.
Payments:
b. Approval of department payments from
February 26, 2010 to March 11, 2010 in the
amount of $16,279,621.19 and self- insurance
payments from February 26, 2010 to March 11,
2010 in the amount of $210,519.99.
Ordinances:
C. First Reading of the following Ordinances:
Amending Chapter 16.28 (Design
Standards) of Title 16 (Subdivisions) of the
Municipal Code to incorporate specific
design criteria for new development in
Northeast Bakersfield.
ACTION TAKEN
APPROVED
REMOVED FOR
SEPARATE
CONSIDERATION
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Bakersfield, California, March 24, 2010 - Page 4
8. CONSENT CALENDAR continued
Item 8.c. continued
2. Amending Chapter 17,08 (General
Regulations), Chapter 17,25 (Central
Business Zone), Chapter 17.26
(Commercial Center Zone), Chapter
17.61 (Landscape Standards), and
adding Chapter 17.71 (Outdoor Lighting)
of Title 17 (Zoning) of the Municipal Code
to incorporate specific design criteria for
new development in Northeast
Bakersfield.
Resolutions:
d. Resolution confirming approval by the Assistant
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,
e. Resolution approving application proposing
proceedings for annexation of uninhabited
territory to the City identified as Annexation No.
626 consisting of 33.68 acres located along the
south side of Taff Highway, on the east and
west side of Compagnoni Street.
Resolution authorizing filing of application
verifying that sufficient funds are available and
that all other matters requisite to awarding the
contract for the Grade Separation on Mohawk
Street at the Burlington Northern and Santa Fe
Railway Tracks will be undertaken. (TRIP)
g. Emergency repairs to sewer main near the
intersection of 32nd and H streets:
1. Resolution dispensing with bidding
procedures due to emergency sewer
repairs, not to exceed $200,000.
2, Appropriate $200,000 Sewer Enterprise Fund
Balance (Wastewater Treatment Plant No. 2)
to the Public Works Department's Capital
Improvement Budget to fund said
emergency repairs.
ACTION TAKEN
RES 032 -10
RES 033 -10
RES 034 -10
RES 035 -10
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Bakersfield, California, March 24, 2010 - Page 5
8.
CONSENT CALENDAR continued
ACTION TAKEN
h. Amendment No. 3 to Resolution No. 170 -94
RES 170 -94(3)
approving the destruction of certain obsolete
city records, documents, instructions, books and
papers, pursuant to Section 34090 et seq. of the
Government Code - City Clerk's Office.
I. Resolution of Intention No. 1660 to order the
ROI 1660
abandonment of excess street dedication on
Newquist Drive and North Gate Drive.
Agreements:
j. Final Tract Map and Improvement Agreements
AGR 10 -032
with International Brotherhood of Electrical
Workers, Local 428, for Parcel Map 11866
located south of N. Sillect Avenue and east of
Arrow Street.
k. Agreement with Marderosian, Runyon, et al
AGR 10 -033
($750,000 for FY10 /11, 11 /12 & 12/13 and,
$875,000 for FYI 3/14 & 14/15) for outside legal
services.
I. Agreement with William Avery & Associates, Inc.
AGR 10 -034
(not to exceed $99,600, including expenses) for
negotiation and consultant services in
employer - employee relations for two years.
AGR 09 -075
M. Contract Change Order No. 6 to Agreement
CC06
No. 09 -075 with Griffith Co. ($67,636.50; revised
not to exceed $3,948,344.52) for the Street
Improvements along Stockdale Highway from
Country Club entrance to Ashe Road and
Village Lane to Weatherly Drive Project.
Bids:
AGR 10 -035
n. Accept Base Bid and Additive Alternate No. 1
and award contract to Security Paving Co.
($4,558,723.80) for the Pavement Rehabilitation
2009 Phase 4 - Ming Avenue from Gosford
Road to New Stine Road Project.
o. Accept bid and award annual contract to AGR 10 -036
Loop Electric, Inc. (not to exceed $52,250) for
vehicle loop cutting.
P. Accept bid and award annual contract to AGR 10 -037
Lamont Fence Co. (not to exceed $301,854) for
installed fencing.
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Bakersfield, California, March 24, 2010 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
q. Accept bid and award annual contract to AGR 10 -038
Torres Fence Co., Inc. (not to exceed
$41,833.86) for fencing materials.
r. Roof Replacements at Fire Station Nos. 1 and 6
Project:
1. Accept bid and award contract to AGR 10 -039
Graham Prewett, Inc. ($83,000) for
project.
2. Approve transfer of $10,000 savings from
capital project (Fire HVAC) to the Fire
Department Capital Improvement
Budget within the Capital Outlay Fund
for the project.
Miscellaneous:
S. Department of Housing & Urban Development
(HUD), Community Development Block Grant,
Neighborhood Stabilization Program Action
Plan Amendment No. 11 (FY08 /09) to
reprogram funds from planning and
administration to the Direct Homeownership
Assistance Program.
t. State of California Education Revenue
Augmentation Fund (SERAF) transfer
($1,700,000) for FY09/ 10:
1. Appropriate $240,200 from the
Downtown Redevelopment Project Area
Fund Balance to the Operating Budget
within the Downtown Redevelopment
Project Area Fund.
2. Appropriate $240,000 from the Old Town
Kern Redevelopment Project Area Fund
Balance to the Operating Budget within
the Old Town Kern Redevelopment
Project Area Fund.
U. Appropriate $33,000 assessment fines revenue
to the Countryside /The Homestead /Cherry
Hill /Olive Park II Assessment District (AD 04 -1)
Operating Budget for legal fees associated with
collection efforts.
Bakersfield, California, March 24, 2010 - Page 7
CONSENT CALENDAR continued ACTION TAKEN
V. Appropriate $10,657 developer share of project
cost to the Public Works Department Operating
Budget within the Development Services Fund
for sewer capacity study related to the
development of Parcel Map 10717 located
south of Emerson Way, east of Wible Road and
west of SR 99.
W. Appropriate $10,212 County Grant Revenues
(HIDTA) to the Police Department Operating
Budget within the General Fund toward the
cost of surveillance equipment.
Request for Qualification RFQ Guidelines for REMOVED FOR
q ( ) SEPARATE
Tow Service Contracts. CONSIDERATION
Y. Quiet Zone on the Burlington Northern Santa Fe
(BNSF) Rail Corridor, Mojave Subdivision, from
State Route 99 to Sumner Street:
1. Grade Crossing Signal and Surface AGR 10 -040
Removal Agreement with BNSF Railroad
($230,251) for the closure of the
Highway /Rail crossing at Beale Avenue.
2. Grade Crossing Signal and Surface AGR 10 -041
Removal Agreement with BNSF Railroad
($168,355) for the closure of the
Highway /Rail crossing at Gage
Street /21 11 Street.
3. Transfer $398,606 from a budgeted
Capital Improvement Project
(Replacement of City Phone System) to
the Public Works Capital Improvement
Budget within the Capital Outlay Fund
for Quiet Zone Project.
Councilmember Hanson requested item 8.x. be
removed for separate consideration.
Councilmember Weir requested item 8.c. be removed
for separate consideration.
Motion by Vice -Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8.y., with the removal of
items 8.c. and 8.x. for separate consideration.
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Bakersfield, California, March 24, 2010 - Page 8
CONSENT CALENDAR continued ACTION TAKEN
C. First Reading of the following Ordinances:
Amending Chapter 16.28 (Design
Standards) of Title 16 (Subdivisions) of the FR
Municipal Code to incorporate specific
design criteria for new development in
Northeast Bakersfield.
2. Amending Chapter 17.08 (General
Regulations), Chapter 17.25 (Central
Business Zone), Chapter 17.26 FR
(Commercial Center Zone), Chapter
17.61 (Landscape Standards), and
adding Chapter 17.71 (Outdoor Lighting)
of Title 17 (Zoning) of the Municipal Code
to incorporate specific design criteria for
new development in Northeast
Bakersfield.
Councilmember Weir thanked former staff and
current staff for their work on the ordinances.
Motion by Councilmember Weir to adopt APPROVED
Consent Calendar item 8.c.
X. Request for Qualification (RFQ) Guidelines for
Tow Service Contracts.
Councilmember Hanson submitted an updated
RFP /RFQ for Council's consideration and
reviewed some of the changes within the
document.
Motion by Councilmember Hanson to adopt APPROVED
Consent Calendar item 8.x. and accept the NOES BENHAM, WEIR
updated /redlined RFP /RFQ for the tow service
contracts and amend the requirement of
response time from 20 minutes to 30 minutes.
9. CLOSED SESSION
a. Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957(b)(1)/54957.6.
Motion by Vice -Mayor Scrivner to adjourn to Closed APPROVED
Session at 6:08 p.m.
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 6:56 p.m.
Bakersfield, California, March 24, 2010 - Page 9
RECONVENED MEETING AT 7:01 p.m.
10. CLOSED SESSION ACTION
a. Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957(b)(1)/54957.6
Mayor Hall announced the evaluation for the City
Manager has been conducted and concluded, and
a very favorable evaluation took place.
11. CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider Resolution ordering
the vacation of the northerly 3.5' of the 10'
flowage easement on Parcel 1 of amended
Parcel Map No. 11220 located at 4815 Panama
Lane. (Staff recommends adoption of resolution.)
b. Public Hearing to consider Resolution adopting
fees pursuant to the Cost Recovery System
(Master Fee Schedule). (Staff recommends
adoption of resolution.)
C. Public Hearing to consider Resolution modifying
Underground Utility District No. 2, Division 33
(California Avenue - S Street to Union Avenue).
(Staff recommends adoption of resolution.)
d. Public Hearing to consider a Resolution
authorizing the City to join the CaliforniaFIRST
Solar and Energy Efficiency Lending Program
(AB811);
Adopt Resolution authorizing the
California Statewide Communities
Development Authority to accept
applications from property owners,
conduct contractual assessment
proceedings and levy contractual
assessments within the City; and
authorizing related actions.
2. Appropriate $20,000 State Grant
Revenues to the Non - Departmental
Budget within the General Fund to pay
for the City's share of costs associated
with joining the CaliforniaFIRST Program.
(Staff recommends adoption of the resolution and
approval of the appropriation.)
ACTION TAKEN
CITY MANAGER
RECEIVED A
FAVORABLE
EVALUATION
RES 036 -10
RES 037 -10
RES 138 -09(1)
RES 038 -10
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11. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
Consent Calendar Public Hearings opened at
7:03 p.m.
Dennis Fox spoke regarding Consent Calendar Public
Hearing item 11.d.
Consent Calendar Public Hearings closed at 7:06 p.m.
Motion by Vice -Mayor Scrivner to adopt Consent APPROVED
Calendar Public Hearing items 11. a. through 11. d.
12. HEARINGS
None.
13. REPORTS
a. Mid -Year Budget Report and Adjustments.
Management Assistant Kirkwood presented the report
and made staff comments.
City Manager Tandy made comments, pointing out
the adjustments are time sensitive.
Councilmember Benham asked staff to prepare a fact
sheet regarding what the cost would be to save the
band concerts this summer and possibly get the
community involved to sponsor the Beale Park band
concerts.
Motion by Councilmember Couch to accept the APPROVED
report and implement the necessary actions.
14. DEFERRED BUSINESS
None.
15. NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
In response to questions from Councilmember Hanson
regarding a letter to John Nilon and the sanitary
landfill closure, City Manager Tandy advised the
money will come out of the Sanitation Enterprise Fund
and will cost between $4 million and $6 million.
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Bakersfield, California, March 24, 2010 - Page 11
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
In response to questions from Councilmember
Hanson, Recreation and Parks Director Hoover
provided an update regarding Greystone Park, with
an anticipated completion date by Fall.
Councilmember Couch provided referrals to City Clerk
Gafford.
Mayor Hall commended the Recreation and Parks
Department for its efforts in providing outstanding
recreational opportunities for the citizens of our
community; and he announced the Great American
Cleanup is April 17th, with 5,000 participants
currently registered, and the Green Expo, with 46
vendors, taking place on the same day.
17. ADJOURNMENT
Mayor Hall adjou
ATTEST:
CITY CLERK and Ex O o Clerk of
the Council of the Ci of Bakersfield
932 V
Bakersfield, California, March 24, 2010 — Page 12
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