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HomeMy WebLinkAbout03/09/11 CC MINUTES1135 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 9, 2011 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 Couch, Councilmembers Salas, Benham, Weir, Hanson, Sullivan, Johnson Absent: None 2. INVOCATION by Pastor Vincent Jones, People's Church. 3. PLEDGE OF ALLEGIANCE by Ruben Cortez, 5m grade student at Noble Elementary School. City Clerk Gafford announced that Closed Session Item 9.a. has been pulled from tonight's Agenda at the request of the City Attorney. Mayor Hall acknowledged the political science classes from California State University, Bakersfield, and Bakersfield College in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Gary Lockhart, declaring April 2, 2011 Scottish Gathering and Games Day. Mr. Lockhart was not in attendance; presentation was not made, 4. 5 6. 7. 8. 1133 Bakersfield, California, March 9, 2011 - Page 2 PRESENTATIONS continued b. Presentation by Mayor Hall of a Proclamation to Principal Mark Wyatt, Bakersfield Adult School, declaring March 28 - April 1, 2011 Adult Education Week. Mr. Wyatt accepted the Proclamation, made comments, and introduced Assistant Principal of Instruction, Jody Lefler. PUBLIC STATEMENTS a. Hilary Baird, spoke in opposition to the State of California taking redevelopment agency funds, and urged everyone to sign a petition to save redevelopment agencies. b. Jimmy laccino spoke regarding a neighbor's barking dog and submitted written material. Councilmember Sullivan referred this matter to the Legislative and Litigation Committee to evaluate and determine if special circumstances can be imposed. C. Mary Helen Barro spoke regarding redevelopment, and suggested that all the inmates in the California prisons and jails, be given generic medicines, which would save the State millions of dollars. WORKSHOPS None. APPOINTMENTS None. CONSENT CALENDAR Minutes: a. Approval of minutes of the February 16, 2011 Regular City Council Meeting. Payments: b. Approval of department payments from February 4, 2011 to February 24, 2011 in the amount of $16,801,027.96 and self- insurance payments from February 4, 2011 to February 24, 2011 in the amount of $460,445.44. ACTION TAKEN ABS WEIR, JOHNSON i Bakersfield, California, March 9, 2011 - Page 3 13 8. CONSENT CALENDAR continued ACTION TAKEN Ordinances: C. First Reading of Ordinance amending Municipal FR Code Sections 1. 12.040 and 1. 12.070 by adding Annexation No. 601 consisting of 19.72 acres located at the southeast corner of Hageman Road and Allen Road to Ward 4 and Annexation No. 606 consisting of 5.7 acres located along the south side of McKee Road, between Ellashosh Street and State Route 99 to Ward 7. d. Adoption of Ordinance amending Section ORD 4641 17.10.040 of the Municipal Code (R-1 One- Family Dwelling Zone) reducing the front yard from 25 feet to 20 feet; and, Section 17.61.032 13.6. (Landscape Standards) adding language related to landscaping along slopes. (FR 02116111) e. Adoption of Ordinance approving the ORD 4642 Negative Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code from R-1 (One Family Dwelling) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 19.45 acres located along the north side of Kern Canyon Road (State Highway 184) approximately 2,000 feet southwest of the intersection of Kern Canyon Road and State Highway 178 (ZC 10-0479) (Applicant-Hendricks Engineering/Property Owner-Mesa Marin, LLC). (FR 02116111) f. Adoption of Ordinance approving the ORD 4643 Negative Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code from R-1 (Single Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 7.81 acres, C-O (Professional and Administration Office) on 5.89 acres and C-2 (Regional Commercial) on 3.64 acres located north of Taff Highway (State Route 119) and west of Wible Road. (ZC 10-0488) (Applicant-Scott Underhill/Property Owner-Wible Investors, ll, LLC et al) (FR 02116111) Bakersfield, California, March 9, 2011 - Page 4 CONSENT CALENDAR continued 8 g. California Public Employees' Retirement System (CalPERS): Adoption of Ordinance authorizing an amendment to the contract with CalPERS. (FR 02/2/11) 2. Amendment No. 7 to Agreement No. 97-39 with CalPERS Board of Administration to provide Section 21548 (Pre-retirement Option 2W Death Benefit) for local fire members and Section 20475 (Different Level of Benefits). Section 21362 (2% @ 50 Full Formula) and Section 20037 (Three-Year Final Compensation) for local safety members entering membership for the first time in the safety classification after the effective date of this amendment. Resolutions: h, Resolution amending the boundaries of the City Domestic Water Service Area. Resolution approving the City's designation of agent for California Office of Emergency Services Applications (OES Form 130). Resolution to add territory, Area 2-46 (4701 Stine Road) to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. k. Acquisition of Kern River Properties located along or in the Kern River Channel: Resolution authorizing Water Resources Manager to acquire certain Kern River properties, as they become available, to carry out the goals of the City's adopted Kern River Parkway Plan. ACTION TAKEN ORD 4644 AGR 97-39(7) RES 022-11 RES 023-11 RES 024-I1 RES 025-11 I Bakersfield, California, March 9, 2011 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.k. continued 2. Appropriate $150,000 Agricultural Water Fund Balance to the Water Resources Capital Improvement Budget to allow the Water Resources Manager to make deposits or down payments to acquire certain Kern River Properties. Proto II Block Wall on Panorama Drive between Masterson Street and Vineland Road Project: Resolution dispensing with formal bidding RES 026-11 procedures to complete Proto II block wall on Panorama Drive between Masterson Street and Vineland Road, not to exceed $130,000. 2. Agreement with Parsam Construction AGR 11-020 (not to exceed $130,000) to complete project. Agreements: M. Agreement with County of Kern regarding AGR 11-021 apportionment of tax revenues upon ABS WEIR annexation of territory to the City known as Annexation No. 620 generally located along the north side of Rosedale Highway, between Verdugo Lane and Calloway Drive. n. Amendment No. 1 to Agreement No. 09-163 AGR 09-163(1) with Soils Engineering, Inc. ($370,000; revised not to exceed $818,375) for material testing services for various construction projects for calendar years 2008 & 2009. (ARRA) AGR 08-107(1) o. Amendment No. 1 to Agreement No. 08-107 with Kern County Water Agency ($212,500) to provide oversight during the design and construction of the Westside Parkway Phase 4 - Cross Valley Canal box culvert (TRIP). P. Amendment No. 1 to Agreement No. 97-74 with AGR 97-74(1) the Bakersfield Redevelopment Agency, increasing the annual debt payment the Agency pays regarding the debt service of the Arena and Convention Center from $1.2 million annually to a not to exceed amount of $1.7 million per year beginning in the 2011-12 Fiscal Year. 4 v Bakersfield, California, March 9, 2011 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN q. Homelessness Prevention Services and Rapid Re-housing Services (HPRP): Amendment No. 3 to Agreement No. 09-126 with Bethany Services/ Bakersfield Homeless Center to allow the reallocation of $6,500 from the Financial Assistance line item to Data Collection and Evaluation. 2. Amendment No. 3 to Agreement No. 09-127 with Bethany Services/ Bakersfield Homeless Center to allow the reallocation of $6,500 from the Financial Assistance line item to Data Collection and Evaluation. r. Amendment No. 3 to Agreement No. 07-085 with Stinson's Stationers, Inc. ($350,000; revised not to exceed $1,050,000 and extends term 1 year) for office supplies. S. Contract Change Order No. 1 to Agreement No. 10-152 with Security Paving, Inc. ($27,408.75; revised not to exceed $2,132,279.25) for the Street Improvements: McCutchen Road from Gosford Road to Ashe Road & Waterline Extension to Wastewater Treatment Plant No. 3 Project. Contract Change Order No. 1 to Agreement No. 10-164 with West Coast Structures ($23,064.18; revised not to exceed $305,777.15) for the Bridge Rehabilitation: Manor Street Bridge at Carrier Canal & Union Avenue Overhead Over UPRR Project. U. Contract Change Order Nos. 7 - 9 to Agreement No. 09-121 with Klassen Corp. ($31,351.01; revised not to exceed $6,874,727.58) for the Sports Village Phase I Project. V. Contract Change Order No. 3 to Agreement No. 10-079 with JO-SH General Engineering, Inc. ($28,492.67; revised not to exceed $904,205.77) for adjustment of water main installations as a result of utility conflicts at various locations within the project. AGR 09-126(3) AGR 09-127(3) AGR 07-085(3) AGR 10-152 CCOi AGR 10-164 CCO 1 AGR 09-121 0007, 0008, 0009 AGR 10-079 0003 8. Bakersfield, California, March 9, 2011 - Page 7 CONSENT CALENDAR continued ACTION TAKEN Bids: W. Accept base bid plus additive alternate and AGR 11-022 approve contract with Nishikawa Property Maintenance, Inc. (not to exceed $268,266 - 3 year term) for the maintenance and field preparation of Mesa Marin Sports Complex. X. Accept bid from Dell Marketing, L.P. ($79,102.81) for a storage area network system for the Information Technologies Division. Y. Accept bids and approve contracts with AGR 11-023 AGR 11-024 Ironman Parts & Services ($98,522.75), AGR 11-025 Diesel Exhaust & Emissions, LLC ($41,993.27) and A-Z Bus Sales ($26,850) to furnish and install diesel particulate filters on 14 City vehicles in order to comply with air quality standards (total bid $167,336.02). Z. Accept bid and approve contract to AGR 11-026 Turnupseed Electric Service, Inc ($49,500) for the exterior soffit replacement at Bakersfield Convention Center. Miscellaneous: aa. Appropriate $6,141 contribution revenue from the Convention and Visitors Bureau Hotel Partners to the Transient Occupancy Tax Fund Operating Budget to fund participation in trade shows promoting the City as a convention and travel destination. bb. Appropriate $5,160 Other State Shared Revenues from the Kern County Remote Access Network (RAN) to the General Fund Police Operating Budget to purchase one SAFEFUME cyanocrylate (superglue) fuming chamber for the BPD Crime Scene Unit for obtaining latent prints from non-porous items of evidence. CC. Appropriate $1,820 contribution from Kern Community Foundation made through the Bakersfield Foundation to the Recreation and Parks Department Operating Budget within the General Fund for the Adopt-a-Bench program provided at the Kern River Parkway. 1t Bakersfield, California, March 9, 2011 - Page 8 8. CONSENT CALENDAR continued Councilmember Weir announced he would abstain due to conflict of interest, source of income to himself, on items 8.b. and 8.m. Councilmember Johnson announced he would abstain due to conflict of interest, source of income to himself, on item 8.b. Motion by Vice-Mayor Couch to adopt Consent Calendar items 8.a. through 8. cc. 9. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding City v. Wanamaker, et al - KCSC Case No. S-1500-CV-269940 SPC. b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One matter) Motion by Vice-Mayor Couch to adjourn to Closed Session at 5.32 p.m. Motion by Councilmember Benham to adjourn from Closed Session at 5:56 p.m. RECONVENED MEETING AT 6:07 p.m. Vice-Mayor Couch announced he would abstain due to conflict of interest, potential source of income to himself and his employer, on Consent Calendar Public Hearings items 11.a. and l l.b., and New Business item 14.a., and he left the Council Chamber. 10. CLOSED SESSION ACTION b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One matter) City Attorney Gennaro noted for the record that Councilmember Johnson recused himself from Closed Session due to a potential conflict of interest. ACTION TAKEN APPROVED REMOVED APPROVED APPROVED NO REPORTABLE ACTION ABS JOHNSON J t t± Bakersfield, California, March 9, 2011 - Page 9 11. CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN a. Public Hearing to consider Resolution adding SENT TO HEARINGS territory, Area 4-99 (Q Street) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. (Staff recommends adoption of resolution.) City Clerk Gafford announced that the total ballots mailed for this Hearing were 106. The total ballots received to date were 68, with 35 "yes" ballots and 33 "no" ballots. b. Public Hearing to consider Resolution adding SENT TO HEARINGS territory, Area 4-100 (Mill Creek) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. (Staff recommends adoption of resolution.) City Clerk Gafford announced that the total ballots mailed for this Hearing were 20. The total ballots received were 7, with 4 "yes" ballots and 3 "no" ballots. City Clerk Gafford announced that if anyone wished to submit a ballot without making a public statement, they should bring it to the Clerk at this time. No new ballots were submitted. City Manager Tandy made staff comments. Consent Calendar Public Hearings opened at 6:14 p.m. Darrel Lum requested Consent Calendar Public Hearings item l ].a. be sent to Hearings. G. J. Zala requested Consent Calendar Public Hearings item l I .b. be sent to Hearings. Bakersfield, California, March 9, 2011 - Page 10 12. HEARINGS ACTION TAKEN a. Public Hearing to consider Resolution adding RES 027-11 territory, Area 4-99 (Q Street) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. (Staff recommends adoption of resolution.) Hearing opened at 6:18 p.m. G. J. Zala, owner of the Best Western Hill House, spoke in opposition to the staff recommendation. Darrel Lum, property owner of 2311 R Street, spoke in opposition to the staff recommendation. Hearing closed at 6:20 p.m. Motion by Councilmember Benham to adopt the APPROVED Resolution, with the amendment to the assessment on ABS COUCH the Assistance League property to reflect $103.13 annually. b. Public Hearing to consider Resolution adding RES 028-11 territory, Area 4-100 (Mill Creek) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. (Staff recommends adoption of resolution.) Hearing opened at 6:22 p.m. G. J. Zala, owner of the Best Western Hill House, spoke in opposition of the staff recommendation, and mentioned his concerns regarding the increased crime around the hotel property. Hearing closed at 6:24 p.m. Councilmember Benham asked staff to contact the owner of the Hill House to make sure that everything that the City can do to help them with crime prevention is being done. Motion by Councilmember Benham to adopt the APPROVED Resolution. ABS COUCH Bakersfield, California, March 9, 2011 - Page 11 13. DEFERRED BUSINESS ACTION TAKEN 14. None. NEW BUSINESS a, Transfer of Redevelopment Agency properties: Resolution approving Cooperation Agreement with Bakersfield Redevelopment Agency regarding the transfer of certain Agency-owned properties to the City in accordance with California Redevelopment Law. 2. Cooperation Agreement with Bakersfield Redevelopment Agency for transfer of certain properties owned by the Bakersfield Redevelopment Agency to the City and authorization of the City to act as the Agent of the Agency in the disposition and redevelopment of said properties pursuant to California Redevelopment Law. L Economic Development Director Kunz made staff comments and recommended adoption of resolution and approval of agreement. Larry Koman, Bakersfield Redevelopment Agency Chairperson, spoke in support of staff's recommendation. Motion by Councilmember Benham to adopt the Resolution and approve the Agreement. Mayor Hall acknowledged Boy Scout Troop 317 in attendance at the meeting to learn about City government. Vice-Mayor Couch returned to the Council Chamber. 15. REPORTS a. City Council Goals Update. Assistant to the City Manager Smiley made staff comments and gave a PowerPoint presentation. RES 029-11 AGR 11-027 APPROVED ABS COUCH ' 4S Bakersfield, California, March 9, 2011 - Page 12 16. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN Councilmember Benham asked staff to check on a code enforcement issue at 2118 E Street. Councilmember Benham asked staff to take a look at 1830 2nd Street regarding continuing problems with standing water at that location. Councilmember Benham asked staff to check into a referral from a citizen regarding some safety concerns and improvement suggestions at the Garces Circle intersection with 30", Street. Councilmember Salas thanked everyone who joined him earlier in the day for his first online live interactive chat session via his website. Councilmember Salas asked staff to check on a graffiti issue at the corner of Belle Terrace and Chester Avenue. Councilmember Salas asked staff to take a look at a code enforcement issue on Kyner Avenue next to Stiern Park. 17. ADJOURNMENT Mayor Hall adjourned the m"ting of the City of Bakersfield, ATTEST; CITY CLERK and Ex Offi lerk of the Council of the City o Bakersfield