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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. 9 2 t 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 9213 J?4 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 J?5 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. 996 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. 927 9 9- ?8 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 -10 999 n %13 Bakersfield, California, March 24, 2010 - Page 10 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. .931 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 *** *THIS PAGE INTENTIONALLY LEFT BLANK * * **