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HomeMy WebLinkAbout06/30/10 CC MINUTESBAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 30, 2010 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. ROLL CALL Present: Mayor Hall, Vice -Mayor Scrivner, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan Absent: None. 2. INVOCATION by Hayward Cox, Minister, Church of God. 3. PLEDGE OF ALLEGIANCE by Annie Hartwick, 6th grade student at Old River Elementary School and Emily Hanson, 9th grade student at Newark High School, Newark, Ohio. 4. PRESENTATIONS a. Presentation by Mayor Hall of Certificates to high school students ranked number one in their graduating classes in the Greater Bakersfield area by the Kern High School District, and nine years perfect attendance to graduating 8th grade students from the Bakersfield City School District. Mayor Hall was joined by Councilmember Sullivan for this presentation, and recognized the following students and presented them with certificates: First in Class recipients • Lorraine Alire, Nicole Storslett - Bakersfield High School • Brian Austin, Jacquelynne Vaughn - Centennial High School • Erick Bautista, Monique Maher - Foothill High School • Kaitlin Ball, Charles Glavin, Alexandria Trakimas - Frontier High School ACTION TAKEN 997 MM Bakersfield, California, June 30, 2010 - Page 2 4. PRESENTATIONS continued Item 4.a. continued • Joanne Bae, Kelley Brady, Domini Helgren, Thomas Rios, Jonathan Saltz, Lisa Tripp, Travis Westbrook, Elizabeth Zimmer - Liberty High School • Mara Minner, Sampat Sindhar - Ridgeview High School • Alexandra Tamplin - South High School • Joe Feghali, Natasha Kulewicz, Yuni Li, Brian McCreedy, Charles Owens, Michelle Senar, Rasnapreet Suri, Ellen Key - Stockdale High School • Jacqueline Perez - West High School Perfect Attendance recipients • Richard Gomez, Zuset Gomez, Estela Rangel - Chipman Junior High School • Savannah Esparza - Compton Junior High School • Fidel Carrasco - Sierra Middle School • Patricia Gomez - Washington Junior High School Recess taken from 5:32 p.m. to 5:37 p.m. b. Presentation by Mayor Hall of a Proclamation to Jan Bans, Director of External Affairs, AT &T, declaring July, 2010, Text -Free Driving Month. Ms. Bans accepted the Proclamation and made comments. 5. PUBLIC STATEMENTS a. Balkar and Sunny Bisla spoke regarding increasing the height of freeway signs on Highway 58 and provided handouts. Councilmember Benham referred this matter to staff and, if necessary, to the Planning and Development Committee. b. Jason Mixon spoke regarding the Liberty Tree Project, submitted proposed language for a marker, and provided handouts. ACTION TAKEN 5. 6. 7. S. Bakersfield, California, June 30, 2010 - Page 3 PUBLIC STATEMENTS continued C. Michael Turnipseed, representing Kern County Taxpayers Association spoke regarding the pension ballot referendum, announced the Board of Directors of KernTax supports the referendum proposal and has authorized him to write and sign any ballot arguments, if the Council desires. WORKSHOPS None. APPOINTMENTS None. CONSENT CALENDAR Minutes: a. Approval of minutes of the June 9, 2010 Regular City Council Meeting. Payments: b. Approval of department payments from May 28, 2010 to June 17, 2010 in the amount of $22,155,813.01 and self- insurance payments from May 28, 2010 to June 17, 2010 in the amount of $201,351.27. Ordinances: C. First Reading of Ordinance amending Municipal Code Section 1. 12.050 by adding Annexation No. 520 consisting of 31.53 acres located at the southwest corner of Gosford Road and McCutchen Road to Ward 5. Resolutions: d. Resolution authorizing the Police Department to form a community outreach partnership with the California Highway Patrol to provide DUI patrols on segments of State Routes 58 and 178 per OTS Grant #AL10109, and authorize staff to execute all necessary documents. (CHP "Arrive Alive" Sober Driving Coalition Il, Bakersfield Eastside DUI Corridor Safety Project.) ACTION TAKEN ABS WEIR, COUCH FR RES 073 -10 009 4 v, 1.000 Bakersfield, California, June 30, 2010 - Page 4 8. CONSENT CALENDAR continued e. Resolution authorizing the submittal of applications for CalRecycle Used Oil Payment Program (OPP) Grants for Fiscal Years 2010/11 through 2014/15. f. 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. g. Resolution approving application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 604 consisting of 26.40 acres located along the east side of S. H Street, on the north and south side of Taff Highway. In. Resolution of Intention No. 1666 to order the vacation of the 40' pedestrian easement located at the south end of Morocco Court as dedicated on the Final Map for Tract 4624. I. Resolution of Intention No. 1671 to vacate the street and landscape easement on Monica Street, between College Avenue and Highway 184 (Tract 6642). j. Resolution of Intention No. 1672 to add territory, Area 4 -96 (1300 R Street) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. Agreements: k. Agreement with Geocon Consultant, Inc. ($49,900) for groundwater monitoring and reporting at 1 -5 farm site and Wastewater Treatment Plant Nos. 2 & 3. Amendment No. 1 to Agreement No. PW 08 -017 with Kenneth D. Schmidt and Associates ($15,000; revised not to exceed $55,000) to provide general groundwater consulting at Wastewater Treatment Plant Nos. 2 & 3. ACTION TAKEN RES 074 -10 RES 075 -10 RES 076 -10 R011666 R011671 R0/ 1672 AGR 10 -083 AGR 10 -084 Bakersfield, California, June 30, 2010 - Page 5 8. CONSENT CALENDAR continued M. Agreement with A -C Electric Co. ($240,000) for electrical services at the Mt. Vernon Recycling Facility. n. Agreements with the following to provide on- call engineering and surveying services for non - federally funded Capital Improvement Projects during Fiscal Years 2010 -11 & 2011 -12: 1. AECOM Technical Services, Inc. (not to exceed $300,000) 2. Meyer Civil Engineering, Inc. (not to exceed $300,000) 3. Ruettgers & Schuler Civil Engineers (not to exceed $300,000) o. Agreement with Pacific Gas & Electric Co. ($1,271,748) for the relocation of electric transmission towers and transmission lines in conflict with the Westside Parkway Phase 4 Project. (TRIP) P. Westside Parkway Project (TRIP): Settlement Agreement with Tricor Energy, LLC ($1,701,200) to reimburse costs to relocate facilities being impacted by the Westside Parkway project within the Fruitvale Oil Field, Red Ribbon Ranch Lease located on both sides of Truxtun Avenue Extension. 2. Amendment No. 1 to License Agreement No. 08 -093 with Tricor Energy, LLC. q. Environmental Impact Report (EIR) for General Plan Amendment /Zone Change No. 06 -1877 (Bakersfield Commons Project) located north of Brimhall Road, generally east and west of Coffee Road. Amendment No. 3 to Agreement No. 07 -021 with Christopher A. Joseph & Associates ($9,075; not to exceed $470,130) for preparation of EIR. 2. Appropriate $9,075 (developer's contribution) to the Development Services Operating Budget in the General Fund for the EIR consultant. ACTION TAKEN AGR 10 -085 AGR 10 -086 AGR 10 -087 AGR 10 -088 AGR 10 -089 AGR 10 -090 AGR 08- 093(1) AGR 07- 021(3) 1001 1002 1.1 Bakersfield, California, June 30, 2010 - Page 6 CONSENT CALENDAR continued r. Agreement with Bolthouse Properties, LLC ($182,000) to purchase real property within Vesting Tentative Parcel Map 11952 located west of Buena Vista Road and south of Bolthouse Drive for a domestic water well. S. Amendment No. 1 to Agreement No. 07 -421 with Kern County Water Agency ($15,000; revised not to exceed $2,015,000) for construction services for the box culvert and related appurtenances at the Cross Valley Canal at Allen Road. t. Amendment No. 1 to Agreement No. 07 -172 with Mead & Hunt, Inc. ($35,199; revised not to exceed $266,199) for design of Municipal Airport taxi lane and apron expansion project. U. Amendment No. 2 to Agreement No. 06 -173 with Columbus Haven, LP ($255,000; revised not to exceed $681,630.59) for eligible project construction costs of 56 affordable multi - family units located at 500 W. Columbus Avenue. (Community Housing Development Organization HOME Investment Partnership funds) V. Homelessness Prevention Services and Rapid Re- Housing Services (HPRP): 1. Amendment No. 2 to Agreement No. 09 -126 with Bethany Services /Bakersfield Homeless Center ($70,000; revised not to exceed $90,000) to allow for an advance of funding for the homelessness prevention services. 2. Amendment No. 2 to Agreement No. 09 -127 with Bethany Services /Bakersfield Homeless Center ($70,000; revised not to exceed $90,000) to allow for an advance of funding for the rapid re- housing services. W. Contract Change Order No. 7 to Agreement No. 09 -075 with Griffith Co. ($21,486.47; revised not to exceed $3,969,830.99) for the Street Improvements along Stockdale Highway from Country Club Entrance to Ashe Road and Village Lane to Weatherly Drive Project. ACTION TAKEN AGR 10 -091 DEED 7317 AGR 07- 421(1) AGR 07- 172(1) AGR 06- 173(2) REMOVED FOR SEPARATE CONSIDERATION AGR 09 -075 CC07 1003 Bakersfield, California, June 30, 2010 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN X. Contract Change Order Nos. 47, 48, 62, 95 and AGR 07 -304 96 to Agreement No. 07 -304 with Security CCO47, CCO48, Paving Construction ($296,442.21; revised not to CCO62, CCO95, exceed $32,797,470.57) for the State Route 178 CCO96 and Fairfax Road Interchange Project. (TRIP) Y. Wastewater Treatment Plant No. 3 - 2007 Expansion Project: 1. Contract Change Order No. 13 to AGR 07 -302 Agreement No. 07 -302 with Kiewit Pacific CCO13 Corp. ($340,000; revised not to exceed $219,362,320) for the project. 2. Appropriate $340,000 Sewer Enterprise Fund Balance (Wastewater Treatment Plant No. 3) to the Public Works Department Capital Improvement Budget. Bids: Z. Accept bid & additive alternate 1 and award AGR 10 -092 contract to Griffith Co. ($129,686) for construction of the Rebid Pavement Rehabilitation 2009 - CDBG -R Project Phase 2. aa. Accept bid and award contract to Griffith Co. AGR 10 -093 ($169,019) for the Street Improvements: Stine Road north of Taff Highway Project. bb. Pavement Rehabilitation 2010 Phase 1 - Old River Road from Ming Avenue to Stockdale Highway: AGR 10 -094 1. Accept bid and award contract to Granite Construction Co. ($2,299,883) for project. 2. Transfer $92,000 from budgeted Capital Improvement Projects (Reconstruction Various Streets and Digital Orthophotos) within the Gas Tax Fund for project. Miscellaneous: cc. Appropriate $500,000 State Traffic Congestion REMOVED FOR Relief funds to the Public Works Department SEPARATE Capital Improvement Budget within the Gas CONSIDERATION Tax Fund for the street maintenance program. Bakersfield, California, June 30, 2010 - Page 8 8. CONSENT CALENDAR continued dd. Appropriate $600,000 trunkline fee revenues to the Public Works Department Operating Budget within the Sewer Enterprise Fund (Wastewater Treatment Plant No. 3) for unanticipated increased electricity costs resulting from the Wastewater Treatment Plant No. 3 Expansion Project. ee. Appropriate $26,000 contribution from the National Parks and Recreation Association to the Recreation and Parks Department Operating Budget within the General Fund for the Dr. Martin Luther King, Jr. Center. ff. Appropriate $500 contribution from BCMEMBA to the Recreation and Parks Department Operating Budget within the General fund for Movies in the Park. gg. Appropriate $20,000 General Aviation Fund balance to the Public Works Department Operating Budget for operation and maintenance costs at the Municipal Airport. hh. Authorization to accept replacement 9 -1 -1 call taker computer equipment and related workstations ($679,848.95) from the State of California 9 -1 -1 Emergency Communications Office for the Police Department Communications Center. Designation of Liberty Tree located at Kern Veterans Memorial (515 Truxtun Avenue). Councilmember Weir announced he would abstain due to conflict of interest, source of income, 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 item 8.b. Councilmember Carson requested items 8.v., 8.cc., 8.ee., and 8.gg. be removed for separate consideration. Motion by Vice -Mayor Scrivner to adopt Consent Calendar items 8.a. through 8.ii., with the removal of items 8. v., 8. cc., 8.ee., and 8.gg. for separate consideration. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION APPROVED 8 Bakersfield, California, June 30, 2010 - Page 9 CONSENT CALENDAR continued ACTION TAKEN V. Homelessness Prevention Services and Rapid Re- Housing Services (HPRP); Amendment No. 2 to Agreement AGR 09- 126(2) No. 09 -126 with Bethany Services /Bakersfield Homeless Center ($70,000; revised not to exceed $90,000) to allow for an advance of funding for the homelessness prevention services. 2. Amendment No. 2 to Agreement AGR 09- 127(2) No. 09 -127 with Bethany Services /Bakersfield Homeless Center ($70,000; revised not to exceed $90,000) to allow for an advance of funding for the rapid re- housing services. At the request of Councilmember Carson, Economic Development Director Kunz provided an explanation of this item. Motion by Councilmember Carson to adopt Consent APPROVED Calendar item 8.v. cc. Appropriate $500,000 State Traffic Congestion Relief funds to the Public Works Department Capital Improvement Budget within the Gas Tax Fund for the street maintenance program. Councilmember Carson asked staff to provide a list of street areas where the funds are being used. Motion by Councilmember Carson to adopt Consent APPROVED Calendar item 8. cc. ee. Appropriate $26,000 contribution from the National Parks and Recreation Association to the Recreation and Parks Department Operating Budget within the General Fund for the Dr. Martin Luther King, Jr. Center. At the request of Councilmember Carson, Recreation and Parks Director Hoover provided an explanation of this item. Motion by Councilmember Carson to adopt Consent APPROVED Calendar item 8.ee. 10015 100 F) Bakersfield, California, June 30, 2010- Page 10 8. CONSENT CALENDAR continued ACTION TAKEN gg. Appropriate $20,000 General Aviation Fund balance to the Public Works Department Operating Budget for operation and maintenance costs at the Municipal Airport. At the request of Councilmember Carson, Assistant Public Works Director Underwood provided an explanation of this item. Motion by Councilmember Carson to adopt Consent APPROVED Calendar item 8.gg. 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS None. 11. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One matter) b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. Motion by Vice -Mayor Scrivner to adjourn to Closed APPROVED Session at 5:58 p.m. Motion by Councilmember Weir to adjourn from APPROVED Closed Session at 6:35 p.m. RECONVENED MEETING AT 6:39 p.m. 12. CLOSED SESSION ACTION a. Conference with Legal Counsel - Potential NO REPORTABLE Litigation; Closed Session pursuant to ACTION subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One matter) b. Conference with Labor Negotiator pursuant to STAFF WAS GIVEN Government Code Section 54957.6. DIRECTION 13. REPORTS None. F�" F__1 14. Bakersfield, California, June 30, 2010 - Page 11 DEFERRED BUSINESS a. Resolution setting priorities for filing written arguments regarding a City measure. Staff recommends Council determination. City Attorney Gennaro made staff comments. Motion by Councilmember Hanson that Councilmembers Scrivner, Weir and Couch write the argument in favor of resolution which specifically states that public safety employees pay 100% of their employee pension contribution, also including 2% at 50, and that Kern Tax write the rebuttal. City Attorney Gennaro restated the motion that Vice - Mayor Scrivner, Councilmember Weir and Councilmember Couch craft the argument on behalf of the Council in favor of the measure and that the Kern Tax Association, as they indicated in Public Statements, draft the rebuttal argument. b. General Plan Amendment /Zone Change No. 09 -0263 (Stockdale Ranch); McIntosh & Associates, representing Castle & Cooke CA, Inc. and Bolthouse Properties (property owners) has applied for amendments to the General Plan, Circulation Element and Western Rosedale Trails Plan and zone change on approximately 564± acres located south of Stockdale Hwy, north of Cross Valley Canal, west of City limits at Claudia Autumn Dr. and east of the future extension of Nord Ave. (Hearing opened & continued at 5/5/10 & 5119110 meetings. Hearing closed & continued at 619110 meeting.) 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for GPA /ZC No. 09 -0263. ACTION TAKEN RES 077 -10 APPROVED NOES CARSON, BENHAM RES 078 -10 Jon 1008 Bakersfield, California, June 30, 2010 - Page 12 14. DEFERRED BUSINESS continued Item 14.1b. continued 2. Resolution adopting the general plan amendment changing the land use designations from ER (Estate Residential), UER (Urban Estate Residential), GC (General Commercial) and SR (Suburban Residential to LR (Low Density Residential), HR (High Density Residential), LMR (Low Medium Residential), HMR (High Medium Density Residential), GC (General Commercial), OC (Office Commercial), OS -P (Parks and Recreation Facilities) and R -MP (Mineral Petroleum and Minimum 5 -acre Parcel /Drill Site), changing the Circulation Element and the Western Rosedale Trails Plan. 3. First Reading of Ordinance amending Title 17 of the Municipal Code and Zoning Maps by changing the zoning from A (Agriculture) to R -1 (One Family Dwelling), R -2 (Limited Multiple Family Dwelling), R -3 (Multiple Family Dwelling), C -1 (Neighborhood Commercial), C -2 (Regional Commercial), C -O /PCD (Administrative and Professional Office /Planned Commercial Development, OS (Open Space) and DI (Drilling Island). Staff recommends adoption of resolutions and give first reading to ordinance. Planning Director Eggert made staff comments. Motion by Councilmember Couch to adopt the Resolutions and give First Reading to the Ordinance. C. Fiscal Year 2010 -11 Budget: Resolution approving and adopting the City's Operating and Capital Improvement Budget. 2. Resolution approving and adopting the Operating and Capital Improvement Budget for the Bakersfield Redevelopment Agency. ACTION TAKEN RES 079 -10 FR APPROVED RES 080 -10 RES 081 -10 14. W9 Bakersfield, California, June 30, 2010 - Page 13 DEFERRED BUSINESS continued ACTION TAKEN Item 14.c. continued 3. Resolution establishing the City's RES 082 -10 appropriations limit. Staff recommends adoption of resolutions. City Clerk Gafford announced staff has received 15 phone calls and 3 letters and /or e -mails in opposition to the closing of Fire Station No. 14. City Manager Tandy made staff comments regarding the budget and proposed changes. Motion by Vice -Mayor Scrivner to adopt staff's recommendations on the Resolutions for the Fiscal Year 2010 -2011 Budget. Motion by Councilmember Benham that $ 15,000 from APPROVED the Council Contingency be applied to the Budget to NOES WEIR allow the seven spray parks to stay open until 7.00 p.m. for the next 3 months. Vice -Mayor Scrivner announced he would accept Councilmember Benham's motion as a friendly amendment to his motion. Councilmember Weir expressed concerns for a pool in his Ward, and Councilmember Sullivan inquired about Movies in the Park. Councilmember Couch suggested passing the budget and then discuss the extra hour. City Attorney Gennaro announced the motions can still be done separately and it does not matter which motion is voted on first. Vice -Mayor Scrivner rejected his friendly amendment. Vice -Mayor Scrivner re- stated his motion to approve APPROVED staff's recommendation to adopt the three Resolutions NOES CARSON for the Fiscal Year 2010 -2011 Budget. 15. NEW BUSINESS None. 1G1.0 Bakersfield, California, June 30, 2010 - Page 14 16. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN Councilmember Couch recognized BCMEMBA for its donation of $500 for Movies in the Park. Councilmember Carson asked staff to advise what the process is and the costs involved are in order to rename Madison Avenue to Kimbrough Way. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 7:14 p.m. MAYOR of the City of Bakersfield, CA ATTEST: V"V-& CITY CLERK and Ex Oficfo Clerk of the Council of the City of Bakersfield