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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 17, 2010
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Couch, Hanson, Sullivan
Absent: None.
City Clerk Gafford announced that, at the request of the City
Attorney, Closed Session Item 15.a. is being pulled from
tonight's agenda. In addition, staff has requested Consent
Calendar Item 8.v. be removed from the agenda.
2. INVOCATION by Rabbi Cheryl Rosenstein, Temple Beth
El.
3. PLEDGE OF ALLEGIANCE by Jocelyn and Jacqueline
Sala, Pre -K and 2nd grade students at St. Francis
School.
Mayor Hall acknowledged the political science class from
Bakersfield College in attendance at the meeting to learn
about City government.
4. WORKSHOPS
None.
ACTION TAKEN
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5. PRESENTATIONS ACTION TAKEN
a. Presentation by Caryn Claiborne, Human
Resources Analyst II, to department winners of
the 2010 Excellence in Action Awards and the
Extra Mile Award in recognition of outstanding
service to the City.
Jena Covey, City Manager's Office; Pete
Jackson, Development Services; Wendy
Zielsdorf, Economic and Community
Development; Cyndee Hluza, Finance; Bonnie
Bradshaw and Kevin Mullins, Fire; Angelica
Mendoza and Jeff Saso, Police; Jaime Flores
and John Williams, Public Works; Abel Aguilar
and Lisa Moton, Recreation and Parks; and
Carlos Tijerina, Water Resources.
The recipient of the Extra Mile Award for 2010
was Wiladene Sawyer, Webmaster, Information
Technology Division of the City Manager's
Office.
b. Presentation by Mayor Hall of Proclamation to
Matthew Constantine, Kern County Public
Health Director, declaring November 17, 2010,
Smokeout Day.
Mr. Constantine received the Proclamation,
made comments, and submitted written
material,
C. Presentation by Mayor Hall of keys to the City to
Councilmembers Irma Carson and Zack
Scrivner,
Councilmember Carson received the key to
the City and made comments.
Vice -Mayor Scrivner received the key to the
City and made comments.
6. PUBLIC STATEMENTS
a. John Decker spoke regarding unregistered
vehicles parked on the street and painting the
curb red at the pedestrian island by Mexicali so
vehicles won't park there.
Councilmember Benham asked staff to follow
up on Mr. Decker's issues to determine if some
of his suggestions might be implemented.
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Bakersfield, California, November 17, 2010 - Page 3
PUBLIC STATEMENTS continued ACTION TAKEN
b. Jeff Wer introduced himself and his new
restaurant, at 3825 Ming Avenue, Suite B, and
expressed his interest in serving the community,
APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 3, 2010
Regular City Council Meeting.
Payments:
b. Approval of department payments from ABS WEIR, COUCH
October 22, 2010 to November 4, 2010 in the
amount of $10,280,796.06 and self- insurance
payments from October 22, 2010 to
November 4, 2010 in the amount of $190,659.44.
Ordinances:
C. First Reading of Ordinance approving a zone FR
change from P.C.D. (Planned Commercial
Development) to C- 2 /P.C.D. (Regional
Commercial /Planned Commercial
Development) on approximately 5.14 acres
located at 5001 Ming Avenue. (ZC No. 10 -0395)
(G.C. Corporation)
d. Adoption of the following Ordinances (FR
11/03/10);
1.
Amending Section 2.84.570 relating
ORD 4629
employee sick leave payment.
ORD 4630
2.
Amending Section 8.32.060 relating to
solid waste billing.
ORD 4631
3.
Amending Section 12.16.150 relating to
construction work in streets.
4.
Amending Section 14.04.240 relating to
ORD 4632
water service connections.
5.
Amending Sections 16.16.050 and
ORD 4633
16.16.060 relating to tentative maps.
6.
Amending Section 16.32.060 relating to
ORD 4634
tract map improvements.
ORD 4635
7.
Amending Section 17.71.020 relating to
outdoor lighting.
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8. CONSENT CALENDAR continued ACTION TAKEN
e. Adoption of Ordinance amending Chapter
15.65 of the Municipal Code relating to the Fire
Code. (FR 11103110)
f. Adoption of Ordinance amending Sections
1 5.04, 1 5.05, 1 5.07, 15.09, 15.11, 15.13, 15.15 and
adding Sections 15.17 and 15.19 of the Building
and Construction Codes, specifically the
California Building Code, Mechanical Code,
Plumbing Code, Electrical Code, Existing
Building Code, Historical Building Code and
California Green Building Code. (FR 11103110)
Resolutions:
g. Resolution amending the official list of
designated speed zones, pursuant to Sections
22357 and 22358 of the California Vehicle Code
and Chapter 10.24 of the Municipal Code.
h. Resolution confirming approval by the City
Manager designee 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.
Resolution approving application proposing
proceedings for annexation of uninhabited
territory to the City identified as Annexation
No. 623 consisting of 1,597.73 acres generally
located on the west side of Santa Fe Way
between Seventh Standard Road and
Kratzmeyer Road, east of Greeley Road (future
alignment).
j. Resolution approving application proposing
proceedings for annexation of uninhabited
territory to the City identified as Annexation
No. 625 consisting of 793.26 acres located west
of Renfro Road between Kratzmeyer Road and
Reina Road, east of Nord Avenue.
ORD 4636
ORD 4637
RES 132 -10
RES 133 -10
RES 134 -10
RES 135 -10
Bakersfield, California, November 17, 2010 - Page 5
CONSENT CALENDAR continued ACTION TAKEN
k. Amendment No. 1 to Resolution No. 088 -10 RES 088 -10(1)
approving the destruction of certain obsolete
City records, documents, instruments, books
and papers, pursuant to Government Code
Section 34090, et. seq. (Public Works
Department)
Resolution of Intention No, 1680 to add territory, ROl 1680
Area 5 -60 (2213 & 2217 Coy Avenue) to the
Consolidated Maintenance District and
preliminarily approving, confirming and
adopting the Public works Director's Report.
Agreements:
M. Final Tract Map and Improvement Agreement AGR 10 -161
with Symbolic Investment & Operating Co., LLC
for Tract 6364 Phase 1 located east of Renfro
Road and south of Kratzmeyer Road.
n. Memorandum of Understanding with Kern
Council of Governments for conceptual AGR 10 -162
planning and visualization activities for areas
surrounding the proposed location(s) of the
Bakersfield High Speed Rail terminal.
o. Amendment No. 2 to Agreement No. 05 -429 AGR 05- 429(2)
with Bright House Networks ($500,000)
extending the license and naming rights for the
Amphitheatre at The Park at River Walk.
P. Amendment No. 1 to Agreement No. 09 -016 AGR 10 -163
with Littler Mendelson ($25,000; revised not to
exceed $65,000) to provide outside legal
services in the matter of Bakersfield Police
Officers' Association v. City.
q. Amendment No. 2 to Agreement No. 08 -208
with Precision Fertilizer Spreading (no AGR 08- 208(2)
increase and extend term one year) for hauling
and spreading biosolids.
Bids:
r. Reject all bids for Install Traffic Signal
Interconnect - Part 8 Project.
S. Reject all bids for piping materials and butterfly
valves for the Stine Road Finished Water
Pipeline Project.
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Bakersfield, California, November 17, 2010 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
Accept bid and approve contract with West AGR 10 -164
Coast Structures, Inc. ($282,712.97) for bridge
rehabilitation projects: Manor Street at Carrier
Canal and Union Avenue Overhead at UPRR.
U. City in the Hills Park Project:
1. Accept Base Bid only and approve AGR 10 -165
contract with Elite Landscaping, Inc.
($1,598,000) for the project.
2. Appropriate $597,200 Park Development
Fees to the Recreation and Parks
Department Capital Improvement
budget within the Park Improvement
Fund (Zone 3).
V. Accept bid and approve contract with REMOVED
Hercules, Inc. (Ashland) ($540,276.83) to
supply dewatering polymers for Wastewater
Treatment Plant No, 3.
W. Accept bids and approve annual contracts AGR 10- 166
10 -167
with Falcon Fuels, Inc. ($1,824,000) and Valley
Pacific Petroleum Services, Inc. ($1,976,000) for
fuel.
Miscellaneous:
X. Appropriate $15,000 Other State Shared
Revenues from the Kern County Remote Access
Network (RAN) to the General Fund Police
Operating Budget, to fund overtime for Crime
Scene Unit employees to process latent
fingerprints into the AFIS database and clear
the backlog of latent print comparisons.
Y. California Emergency Management Agency
(Cal EMA) Grant:
Accept Federal grant ($811,936) for
mobile command unit, training and
consultant.
2. Appropriate $811,936 Federal Grant
Revenue to the Fire Department Urban
Area Security Initiative (UASI) Fund
Capital Improvement and Operating
Budgets.
8.
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Bakersfield, California, November 17, 2010 - Page 7
CONSENT CALENDAR continued ACTION TAKEN
City Clerk Gafford announced that a bid protest was
received regarding item 8.v.; therefore, staff is
requesting item 8.v. be removed from the agenda.
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, potential source of income
to himself and his employer, on item 8.b.
Motion by Vice -Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8.y., with the removal of
item 8. v.
CONSENT CALENDAR PUBLIC HEARINGS
None.
HEARINGS
a. Public Hearing to consider Resolution adopting RES 083 -07(1)
the Amended Panama and Union Planned
Sewer Area fee schedule and boundary.
City Clerk Gafford announced correspondence has
been received from Humberto Figueroa in opposition
to this item.
Public Works Director Rojas made staff comments and
recommended adoption of the Resolution.
Hearing opened at 5:53 p.m.
No one spoke.
Hearing closed at 5:53 p.m.
Motion by Councilmember Carson to adopt the APPROVED
Resolution.
REPORTS
None,
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12. DEFERRED BUSINESS ACTION TAKEN
None.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Weir asked staff to research the
the issue of the impact of price increases and
decreases on houses, and how many people are
excluded from the market and how many people
would enter the market, and the feasibility of
adopting a pilot program (which would run for a
certain period of time and phase out once certain
conditions are met, and would stimulate the market,
perhaps create jobs and produce revenue) where the
City can offer fee credits for houses built on
established and ready -to- build lots.
Councilmember Benham announced she received a
thank -you note from Luigi's for the Proclamation.
Councilmember Benham expressed her appreciation
to Vice -Mayor Scrivner and Councilmember Carson
for their service to the City on the Council.
Councilmember Sullivan thanked Councilmember
Carson and Vice -Mayor Scrivner, and wished them
well in their future endeavors.
Councilmember Carson thanked Councilmembers
Benham and Sullivan for their kind words, and
expressed her appreciation to her colleagues on the
Council and staff.
Mayor Hall announced he had the honor of
participating today in a groundbreaking for a 70 -unit
affordable housing project and a grand opening of
an affordable living center.
Mayor Hall advised he appreciated the proactive
opportunities that Councilmembers Benham and
Sullivan have done in their wards with various projects
(the Oak Street undercrossing cleanup in Ward 2 and
the adoption of a neighborhood for cleanup and
graffiti removal in Ward 6).
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Bakersfield, California, November 17, 2010 - Page 9
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Mayor Hall announced he participated in a ribbon
cutting for Abate -A -Weed, a long -term business in
Bakersfield, which celebrated its 45th Anniversary, and
whose owner expressed his appreciation to
Councilmember Couch and staff for their efforts in
alleviating his left -turn pocket area when they made a
change in their building several years ago.
Mayor Hall wished everyone a Happy Thanksgiving.
15. CLOSED SESSION REMOVED
a. Public employee performance evaluation -
City Attorney; Closed Session pursuant to
Government Code Section 54957(b)(1)/54957.6,
16. CLOSED SESSION ACTION
None.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 6:09p.m.
ATTEST;
MAYOR of the City of Bakersfield,
44-Y 0�04_1/ -
CITY CLERK and Ex io Clerk of
the Council of the C1 4T Bakersfield
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Bakersfield, California, November 17, 2010 — Page 10
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