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