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HomeMy WebLinkAbout10/08/08 CC MINUTES- 74 7 BAKERSFIELD C~tY COUNCIL MINUTES MEETING OF OCTt~BER 8, 2008 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. 2 3 i ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch; Sullivan (seated at 5:18 p.m.), Scrivrter Absent: None PUBLIC STATEMENTS Tom Russell spoke regarding the Kimberly Avenue sewer hookup, and suggested postponing the vote on the annexation for another year. WORKSHOPS a. Update on the Wastewater Treatment Plant 3 Expansion and Upgrade Construction Project Public Works Director Rojas made staff comments then introduced Wastewater Manager Chianello who made a computer presentation. b. Overview of the "Life Interrupted" Program Police Chief Rector made staff comments and introduced Detective Cegielski who provided background information about the Program. Police Chief Rector recognized the families, staff, Lt. Moore, Officer Davenport and Officer Wells for their involvement vi~ith the Program. Police Chief Rector invited everyone to view the "Life Interrupted" vehicle outside. Councilmemi5er Sullivan requested to be put on an a-mail lisf to be notified when the high school presentations will occur so she can attend. ACTION TAKEN X48 Bakersfield, California, October 8, 2008 -Page 2 4. CLOSED SESSION a. Conference with Legal Counsel -Potential Litigation; Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. (One potential case) Motion by Vice-Mayor Hanson to adjourn to Closed Session, following City Council's viewing of the "Life Interrupted" vehicle outside in front of City Hall, at 5:46 p.m. Motion by Councilmember Couch to adjourn from Closed Session at 6:24 p.m. RECONVENED MEETING - 6:38 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None 6. INVOCATION by Pastor Pam Fine -Wesley United Methodist Church. 7. PLEDGE OF ALLEGIANCE by Haley Witt, 7`h grade student, St. Francis School. Mayor Hall recognized students from Mr. Rodriguez' Government Class at Bakersfield College and those from Ridgeview High School in attendance at the meeting. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel -Potential Litigation; Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. (One potential case) 9. PRESENTATIONS a. Presentation of the Helen Putnam Award in the category of Public Safety by Hilary Baird, League of California Cities, to the Police Qepartment for the "Life Interrupted" Program. ACTION TAKEN CI FY ATTORNEY GIVEN DIRECTION Hilary Baird made comments, showed a video, and presented the Award. ?d Bakersfield, California, October ~, 2008 -Page 3 9. PRESENTATIONS coirrtinued Item 9.a. continued Police Chief Rector accepted the Award, and recognized tFtir families and officers involved with the Program. b. Presentation by Mayor Hall of Proclamation to Paula Mande, proclaiming October 2008 as "White Cane Awareness Manth" in Bakersfield. Paula Mande, representing the Center for the Blind and Visually Impaired, accepted the Proclamation and made comments. 10. PUBLIC STATEMENTS None. 11. APPOINTMENTS None. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 17, 2008 Regular City Council Meeting. Payments: ACTION TAKEN b. Approval of dbpartment payments from September 5, 2008 to September 25, 2008 in the amounf of ABS WEIR $30,537,549.78 and self-insurance payments from September 5;:..2008 to September 25, 2008 in the amount of $360,558.85. Ordinances: c. First Reading of Ordinance amending Sections FR 1.12.010, 1.12.040, 1.12.050, 1.12.060 and 1.12.070 by aiding Annexation No. 551 consl~ting of 0.85 acres located on the east side of Cottonwood Rnad, north of Pacheco Road to 1lVard 1; Annexation 491 consisting of 40.28 acres located north of Snovii Road, between Calloway Road and Allen Road tci V1/ard 4, Annexation No. 602 consisting of 1:7 acres, located on the north side of Taft Highway and west of Gosford Road to Ward 5, Annexation No. 525 consisting of 32.54 acres located at the southeast corner of Taft Highway and Ashe Road and Annexation No. 576 consisting of 7 ~ ~ Bakersfield, California, October 8, 2008 -Page 4 12. CONSENT CALENDAR continued AC1~~ON TAKEN Item 12.c. continued 26.11 acres located at the southwest corner of Ashe Road and Taft Highway to Ward 6; and Annexation No. 570, consisting of 21,071 square feet located on Southgate Drive, between South "H" and South Union Avenue to Ward 7. d. First Reading of the following Ordinances: 1. Ordinance amending Sections 1.17.030 and FR 1.17.040 relating to elections. 2. Ordinance amending Section 2.76.130 FR relating to resolution of impasses. 3. Ordinance amending Section 3.40.070 FR relating to records retention. 4. Ordinance amending Sections 10.24.010 FR and 10.24.020 relating to speed zones. 5. Ordinance amending Section 10.44.060 FR relating to truck routes. 6. Ordinance amending Section 10.48.010 FR relating to crosswalks. FR 7. Ordinance amending Sections 14.12.030 Subsection Y.2, 14.12.080 Subsection F, 14.12.220 Subsection B.22 and 14.12.390 Subsection B relating to sewers. 9. Ordinance amending Section 17.52.020 FR Subsection B and 17.54.020 Subsection B relating to zoning. 10. Ordinance amending Section 17.60.060 FR Subsections B.6 and B.8 relating to sign development standards. e. First Reading of Ordinance amending Section FR 15.09.060 relating to sewers required. 751 Bakersfield, California, October 8, 2008 -Page 5 12. CONSENT CALENDAR continued ACTION TAKEN f. Adoption of Ordinance amending Section 17.86.020 ORD 4531 (Zone Map Na. 122-12) of the Municipal Code by changing the toning from P.U.D. (Planned Unit Development) to R-1/P.U.D. (One Family Dwelling/Planned Unit Development) on 93.55 acres located at the northeast corner of White Lane and South Allen Road (ZC 08-0594 -McIntosh and Associates representing Castle and Cooke Development). g. Adoption of Ordinance Amending Chapter 15:84 of REMOVED FOR the Bakersfield Municipal Code Relating to a SEPARATE Transportation Impact Fee on new development. CONSIDERATION Resolutions: h. Resolution adopting an amended Conflict of Interest RES 169-08 Code for City departments. i. Purchase of Slide Gates & Operators for Mill Creek ABS COUCH Linear Park F~roject Phases 4 & 5 1. Resolution determining that slide gates & RES 170-08 operatt~rs for the project cannot be obtained through the usual bidding procedures and authorising the Finance Director to dispense ~,,,,, with bidding therefore, not to exceed $170,000. 2. Agreement with Waterman Industries, AGR 08-161 ($169;575.12) for the purchase of slide gates & operators. Resolution amending the official list of designated REMOVED FOR speed zones, pursuant to Sections 22357 and SEPARATE 22358 of the California Vehicle Code and Chapter CONSIDERATION 10.24 of the Itllunicipal Code. k. Resolutions adding the following territories to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Rept~rt and authorizing collection of assessments by the Kern County Tax Collector. 1. Area 5-53 (Redbank, Glebe SW) RES 172-08 2. Area 5-54 (S Fairfax, Redbank SE) RES 173-08 3. Area 4-87 (Chester Avenue E. between 36th RES 174-08 # & 38th) 75 Bakersfield, California, October 8, 2008 -Page 6 12. CONSENT CALENDAR continued ACTION TAKEN Item 12.k. continued 4. Area 3-80 (Panama, Gosford SW) RE$ 175-OS 5. Area 5-55 (Panama, Cottonwood SE) RES 176-os 6. Area 5-56 (8601 S. "H" Street) RES 177-08 RES 178-08 7. Area 5-57 (Massey, E. Pacheco) I. Resolutions approving applications proposing proceedings for annexation of uninhabited territory to the city identified as; 1. Annexation No. 596 consisting of 50.12 RES 179-08 acres located at the southwest corner of Washington Street and Belle Terrace. 2. Annexation No. 598 consisting of 30.26 RE& 180-08 acres located on the north side of Washington Street, north of Casa Loma Drive. 3. Annexation No. 603 consisting of 77.31 RES 181-08 acres located on the south side of Seventh Standard Road, on the east and west side of Verdugo Lane. m. Amendment No. 1 to Resolution No. 076-08 RE$ 076-08(1) establishing the South Mill Creek Underground ABS COUCH Utility District, District 2, Division 32. n. Amendment No. 1 to Resolution No. 170-94 RE& 170-94(1) 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. Agreements: o. 2009 Health Care Contracts 1. Agreement with Anthem Blue Cross for AGR o8-162 Indemnity Health and Qental Services 2. Agreement with Anthem Blue Cross HMO for AGR 08-163 medical services for active employees and retirees. j .rrr 753 Bakersfield, California, October ~, 2008 -Page 7 L 12. CONSENT CALENDAp continued Item 12.0. continued 3. Agreement with Anthem Senior Secure for the Medicare Risk Plan -Senior Secure for retirees. 4. Amendment No. 4 to Agreement No. 05-417 with Kaiser Permanente -Managed Care Health Plans for medical services for employees. 5. Amendment No. 4 to Agreement No. 05-418 with Kaiser Permanente -Managed Care Health Plans for medical services for retiree's. 6. Amendment No. 3 Agreement No. 05-419 with Medical with Medical Eye Services (MES) for vision services. 7. Amendment No. 3 to Agreement No. 05-420 with F~acific Union Dental for pre-paid dental services. 8. Amendment No. 3 to Agreement No. 05-421 with Dedicated Dental Systems, Inc. far pre- paid dental services. 9. Amendment No. 3 to Agreement No. 05-422 with ~acifiCare Behavioral Health of California for Employee Assistance Pregram (EAP): 10. Amendment No. 3 to Agreement No. 05-423 with I~acifiCare Behavioral Health of California for emotional health care service. 11. Amendment No. 2 to Agreement No. 06-337 Independent Contractors Agreement with Fort Dearborn Life Insurance Company for employee life insurance. 12. Amendment No. 1 to Agreement No. 01~-019 Independent Contractors Agreement with HealthComp, Inc. for any employee un- reimbursed medical expenses and dependent care expenses under the IRS Section 125. ACTION TAKEN AGR 08-164 AGR 05-417(4) AGR 05-418(4) AGR 05-419(3) AGR 05-420(3) AGR 05-421(3) AGR 05-422(3) AGR 05-423(3) AGR 06-337(2) AGR 08-019(1) 7~~ Bakersfield, California, October 8, 2008 -Page 8 12. CONSENT CALENDAR continued p. Right Turn Channelization on Mt. Vernon at State Route 178: Agreement with Pacific Gas & Electric (PG&E) (not to exceed $84,000) for the relocation of an existing underground transformer. 2. Appropriate $84,000 Gas Tax Fund balance to the Public Works Department's Capital Improvement Budget. ACTION TAKEN AGR 08-165 q. Agreement with Bakersfield Redevelopment Agency AGR 08-166 ($50,000) to purchase property located east of P/Q DEED 6967 Streets and south of the B.N.S. F. railroad tracks for ABS COUCH an easement on the 1.95 acre linear parcel shall be retained by the City. City Physician Services' Agreements: Agreement with Central Valley Occupational Medical Group, Inc. (not to exceed $100,000 annually). 2. Agreement with Vernon C. Sorenson, M.D. dba Memorial Occupational Medicine (not to exceed $100,000 annually). Agreement with Kern Regional Foundation (not to exceed $500,000) of Home Investment Partnership Funds (HOME) to be used to assist low income special needs families with home ownership at 609 Taylor Street. t. Agreement with County of Kern and Bakersfield Association of Retarded Citizens (BARC) for $300,000 of Community Development Block Grant funds to construct an Industrial Training Facility at 2240 South Union Avenue. u. Settlement Agreement with Sunray Petroleum, Inc. ($2,088,000.00) for the reimbursement of costs to relocate facilities being impacted by the Westside Parkway Project within the Frultvale Oil Field, Red Ribbon Ranch Lease located west of Mohawk Street south of Rosedale Highway and north of the Kern River. AGR 08-i67 AGR o8-168 AC~R 08-169 AGR 08-170 AGR 08-171 75t 5 Bakersfield, California, October ~, 2008 -Page 9 12. CONSENT CALENDA~i continued ACTION TAKEN v. Agreements tb purchase real property located on the east side of Mohawk Street south of the BNSF railroad for the Westside Parkway: 1. Robin C. Leonard, Trustee of the Leonhard qGR 08-172 DEED 6968 Exemption Trust created U/D/T dated January 9, 1990 for $150,270.09. AGR 08-173 2. Patricia Burns Gebhardt for $5,574.93. DEED 6969 w. Assignment and Assumption for Agreement No. 97- AGR 08-174 109 and Amendments from Restoration Community ABS COUCH Project, Inc. tt~ Bethany Services Inc. for the provision of transitional housing services at 7~1 & 725 8th Street. x. Amending Agreement No. PW 08-094 with M.H. AGR 08-175 Wolf & Associates Environment Consulting Inc. ($37,899.00; total not to exceed $77,643.00) for biological consulting on the Allen Road Bridge. y. Amendment No. 1 to Agreement No. 76-61 with AGR 76-61(1) Kern-Tulare V~Vater District and Agreement No. 76- AGR 76-63(1) 63 with Rag Gulch Water District to consent td Assignment and Consolidation of Agricultural Water Contracts. z. Amendment No. 1 to Agreement No. 07-367 with AGR 07-367(1) Ennis Paint, Incorporated ($110,000 revised not to exceed $220;000) and extending the term to October 9, 209 for the annual contract for traffic paint. aa. Amendment No. 2 to Agreement No. 06-324 with qGR 06-324(2) RM Industries ($80,000; not to exceed $240,OIJ0) extending the term for one year and for janitorial and hardscape maintenance for the Amtrak Station. bb. Amendment Nn. 3 to Agreement No. 04-003 to AGR 04-003(3) assign interest from Maya Cinemas North America, qBS COUCH Inc. to Maya Bakersfield, LLC and to incorporate a non-exclusive easement to the City and public in general for ingress and egress over portions of the Maya Cinema complex main access drives. cc. Amendment No. 1 to Agreement No. 08-130 with qGR 08-130(1) F Soils Engineering, Inc. ($17,352; not to exceed $890,472) to clean-up City owned property at 1433 Union Avenue (former Navy Oil site). ~r 12. Bakersfield, California, October 8, 2008 -Page 10 CONSENT CALENDAR continued dd. Wastewater Treatment Plant #~ - 2007 Expansion Project: Contract Change Order No. 2 to Agreement No. 07-302 with Kiewit Pacific Corporation ($335,852; revised not to exceed $211,526,017.00). 2. Transfer $505,017 contingency established for the Wastewater Treatment Plant No. 3 Expansion Project to the Public Works Department's Capital Improvement Budget. ee. Contract Change Order No. 2 to Contract No. 07- 402 with Parsam Construction, Inc. ($80,237.77; revised total not to exceed $84,822,51) for the project known as CBK-47 & 49 Block Pump Houses, in the vicinity of Pensinger Road & Buena Vista Road and Panama Lane & Progress Road. ACTION TAKEN AGR 07-302 CCC.i 2 AGR 07-402 CCQ 2 ff. Contract Change Order No. 3 to Agreement No. 08- AGR 08-039 039 with V Lopez and Sons, Ina. ($18,154.55; CCQ 3 revised total not to exceed $840,922.95) for Streetscape and Storm Drain Improvements - 19th Street at Eye Street Project. Bids: gg. Accept bid from Jim Burke Ford ($89,226.98) for one (1) replacement 19,000 GVW service truck for Water Resources Department.. hh. Accept bid from Jim Burke Ford (total $94,575.73) for three (3) replacement four-door police special sedans ($71,215.74) and one (1) replacement four- door police special administration sedan ($23,359.99) for the Police Department. Accept bid from Gibbs International, Inc. ($613,175.63) for three (3) replacement sewer cleaner jet rodder trucks for tho Streets Division. jj. Accept bid and award contract to Carvalho AGR_ 08-176 Construction, Inc. ($549,999) fear the Park at River Walk Maintenance Facility. 7~7 Bakersfield, California, October ~, 2008 -Page 11 12. CONSENT CALENDAF# continued ACTION TAKEN kk. Traffic Signal and Lighting System Installation at the Intersection of Brimhall Road and Verdugo Lane: 1. Accept bid and award contract to Woe~te AGR 08-177 Electric ($134,256.95) for project. 2. Appropriate $15,000 Transportation Development Fund balance to the Public Works bepartment's Capital Improvement Budget. II. Reject all bids for the Bakersfield Liquefied Natural Gas (LNG/Compressed Natural Gas (CNG) Fueling Facility Project. Miscellaneous: mm. Department of Housing & Urban Development (HUD), HOMB Investment Partnership Action Ilan Amendment No. 5 (FY 07/08). nn. Ditch Eradication and Pipeline Easement with R & L AGR o8-178 Carter Properties, LLC Robert Kevin Witcher and DEED 6970 Caryl Ann Witcher, Trustees of the Witcher Family DEED 6971 Trust for property located west of Patton Way and DEED 6972 north of Mearry Avenue. City Clerk McCarthy announced a correction to item 12.d. to include amending Section 1.17.020 to the Ordinance. Councilmember Weir announced he would abstain due to conflict of interest, source of income, on item 12.6. Councilmember Cotrch announced he would absfain due to conflict, potential source of income to himaelf and his employer, on item 12.i., 12.m., 12.q., and 12.bb. Councilmember Conch announced he would abstain fo avoid the appearance of a conflict or any impropriety, on item 12. w. Vice-Mayor Hanson announced Item 12.g., as requested by Councilmember Couch, and Item 12.j., as requested by Councilmember Carson, would be removed for separate consideration. Motion by Vice-Mayor Hanson to approve Consent` APPROVED Calendar items 12.a: through 12.nn., with the remt~val of items 12.g. and 12. j. for separate consideration. t - T~ 8 Bakersfield, California, October 8, 20C 12. CONSENT CALENDAR continued g. Adoption of Ordinance Amend'Ing Chapter 15.84 of the Bakersfield Municipal Code Relating to a Transportation Impact Fee on new development. Motion by Vice-Mayor Hanson to approve Consent Calendar item 12.g. i8 -Page 12 ACTION TAKEN ORQ 4532 APRROVED NS~ CARSON, COUCH j. Resolution amending the official list of designated RE$ 17i-OS speed zones, pursuant to Sections 22357 and 22358 of the California Vehicle Code and Chapter 10.24 of the Municipal Code. Motion by Councilmember Carson tQ approve Consent gpFROVED Calendar item 12.j. 13. CONSENT CALENDAR HEARINGS None. 14. HEARINGS None. 15. REPORTS None. 16. DEFERRED BUSINESS None. 17. NEW BUSINESS None. 18. COUNCIL AND MAYOR STATEMENTS Councilmember Benham asked sta>f'f to report back confirming whether the City has an prdinance requiring a developer to post bond before receiving a grading permit to cover the cost of restoring the area to its natural state in the event the development fails, explaining how the amount of the bend is established and confirming That the City is colleting the bond proceeds; or if the City does not require a bond; and, if the City is not enforcing the ordinance, the reason why. Vice-Mayor Hanson asked Recreation and Parks Director Hoover to explain the process to repair a damaged City- owned block wall. 75 ~ Bakersfield, California, October ~, 2008 -Page 13 18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN ' Vice-Mayor Hanson asked staff to put together a comprehensive repdrt on costs, expenses, time, end the nature of the job for repairing City-owned b/o+~k walls. Vice-Mayor Hanson asked staff to look into the feasibility of putting reflectors to improve the nighttime visibility of the divider on the north side of New Stine south of Stockdale Highway. Vice-Mayor Hanson asked staff to look into the concerns of Bob Derrker regarding the Allen Road Bridge project, and provided correspondence. Vice-Mayor Hanson asked staff to review correspondence from the American Red Cross regarding their tax exemption status. Councilmember Couch submitted a letter from a constituent commending police officers for a job well done. Councilmember Couch asked staff to look at how to use the Kern River uvater and the river channel more efficiently, and alloniiring a firming up of future water supplies for AG contractors and users, and the possibility of getting all parties together to talk about what the future contract might look like and how ro get more water in the rimer at the same time. Councilmember Couch handed in referrals for steff to look into and possibly respond to. Councilmember Couch asked staff to look into the feasibility of City participation in the Allen and Hageman Grade Separation, similar to the type of arrangement that e~rists at Highway 99 and Severtth Standard Road witH the County of Kern, the City elf Shatter, and the City of Bakersfield. Councilmember Carson asked staff to check into the height of the fence at Lowell Housing to determine if it is tall enough and provides enough safety. Councilmember Sutlivan asked staff fo check intC~ the deteriorating sidewalk at Hanover Circle. Councilmember Sullivan expressed her concerns about the trash along the freeways and on-ramps, and urged everyone to dispose t~f litter properly. 7~0 Bakersfield, California, October 8, 2008 -Page 14 18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Sullivan asked staff to talk to Caltrans regarding the weeds, lack of water, end poor road condition from the Ming Avenue on Vamp down to Highway 99, and ask them to move that area up higher on their list to repair. 19. ADJOURNMENT Mayor Hall adjourned the meeting at 7:20 p.m.