HomeMy WebLinkAbout04/01/09 CC MINUTES6'1
9
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 1, 2009
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:40 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Hanson, Sullivan
Absent: Councilmember Couch
2. INVOCATION by Assistant Pastor Roland Banks,
Compassion Christian Center.
3. PLEDGE OF ALLEGIANCE by Karissa Nickeson, 8th Grade
Student, Freedom Middle School.
Mayor Hall recognized Karissa Nickeson, who read her
award-winning essay regarding American Veterans.
Mayor Hall acknowledged the students in the audience.
4. PUBLIC STATEMENTS
a. Glen Rains spoke regarding a land use decision
involving the policies of the Metropolitan Bakersfield
General Plan jointly adopted by the City of
Bakersfield and the County of Kern in 2002, and
specifically with a new County policy that high-
density apartments in an active fault corridor are
consistent with the polices of the Safety/Seismic
Element of the Metropolitan Bakersfield General
Plan; and provided written material.
Councilmember Benham referred Mr. Rains'
concerns to the Planning and Development
Committee, and asked that he be notified in
writing of the date of the meeting.
b. Stephen Pelz, Chairman of the Kern County
Homeless Collaborative, spoke regarding rapid re-
housing for the homeless.
ACTION TAKEN
630
Bakersfield, California, April 1, 2009 - Page 2
4. PUBLIC STATEMENTS continued ACTION TAKEN
C. Paul Ricker, President of the Kern County Soccer
Foundation, spoke to ask that the City of Bakersfield
enter into a partnership arrangement with the Kern
County Soccer Foundation to make soccer better
for all of Kern County; and provided written material.
Councilmember Hanson referred Mr. Ricker's
issue to the Budget and Finance Committee.
Councilmember Hanson referred Mr. Pelz' issue
regarding homeless housing to the Buget and
Finance Committee.
d. Jan Gary, President of Citizens for a New Oildale,
spoke to ask for maintenance on Manor Street,
between the Bridge and Union Avenue, and for a
light for public safety in the area of the Bakersfield
Bridge on North Chester Avenue; and provided
written material.
Councilmember Weir asked staff to contact Ms.
Gary regarding her issues, and follow up with
him.
Councilmember Sullivan asked staff to evaluate
the area to determine if and when the City can
do something about it.
e. Susanne Lange, Secretary of Citizens for a New
Oildale, expressed her appreciation for the
beautification efforts on the Bridge heading north
into Oildale.
Dr. Michelle McLean, Principal of Wayside
Elementary School, and Jeanette Wiley, After
School Program Specialist, recognized Mayor Hall
and Chief of Police Rector with plaques for their
support of Wayside Elementary School.
5. WORKSHOPS
J
None.
681
Bakersfield, California, April 1, 2009 - Page 3
6. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Valley Achievement Center - Jolene Billinger,
Founder and Director; Laura Williams, Board
Member; and Joe Tallman, Vice-President and Past
President, declaring April 2009 National Autism
Month in the City.
Jolene Billinger received the Proclamation and
made comments.
b. Presentation by Mayor Hall of a Proclamation to
Paige Atkison, declaring April 1, 2009, Paige
Atkison Day in the City.
Paige Atkison received the Proclamation and made
comments.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
ACTION TAKEN
Minutes:
a. Approval of minutes of the March 11, 2009 Regular
City Council Meeting.
Payments:
b. Approval of department payments from February 27, ABS WEIR
2009 to March 19, 2009 in the amount of
$30,867,920.56 and self-insurance payments from
February 27, 2009 to March 19, 2009, in the amount
of $464,241.04.
Ordinances:
C. Adoption of Ordinance approving a Negative ORD 4570
Declaration, amending Title 17 (Zone Map No.
101-23) of the Municipal Code by changing the
zoning from A (Agriculture) to C-2/PCD
(Regional Commercial/Planned Commercial
Development), C-O/PCD (Professional and
Administrative Office/Planned Commercial
Development) and E (Estate) on 32.91 acres
generally located at the northeast corner of
Rosedale Highway and Jenkins Road. (ZC 08-
1079) (Applicant: E & R Surveying and Consulting
(Eric Sertic)/Property Owner: Henry Pham)
6 6 2
Bakersfield, California, April 1, 2009- Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
Resolutions:
d. 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.
e. Redevelopment Agency Tax Allocation Bonds 2009
Series A, B, C & D:
1. Resolution approving the issuance and sale
of not to exceed $16.5 million aggregate
principal amount of the Redevelopment
Agency 2009 Tax Allocation Bonds; and,
authorizing related actions.
2. Resolution authorizing the expenditure of
Redevelopment Agency funds for
construction of those certain public
improvements specified in the Series A and
Series B Tax Allocation Bonds and making
certain determinations in connection
therewith.
3. Resolution authorizing the expenditure of
Redevelopment Agency low and moderate
housing funds for construction of affordable
housing projects outside the individual
project area and the combining of low and
moderate housing tax increment for all
three project areas as the security of the
Series D 2009 Tax Allocation Bonds and
making certain determinations in connection
therewith.
f. Resolution of Application proposing annexation of
uninhabited territory to the City identified as
Annexation No. 618 consisting of 2.89 net acres
located on the west side of Allen Road, north of
Stockdale Highway.
g. Resolution determining that bidding for City radio
communications equipment cannot be reasonably
obtained through the usual bidding procedures due
to the need to integrate into the existing City radio
infrastructure and authorizing the Finance Director
to dispense with bidding therefore, not to exceed
$240,000.
RES 033-09
RES 034-09
RES 035-09
RES 036-09
RES 037-09
RES 038-09
Bakersfield, California, April 1, 2009 - Page 5
8. CONSENT CALENDAR continued
ACTION TAKEN
h.
Resolution forming a Traff ic Signal Maintenance
RES 039-09
District TS-20 (So H, Panama SE), confirming the
assessments, approving the Public Works Director's
Report and authorizing collection of assessments by
the Kern County Tax Collector.
i.
Resolution of Intention No. 1633 to add territory,
ROI 1633
Area 4-91, to the Consolidated Maintenance
District and preliminarily adopting, confirming and
approving the Public Works Director's Report.
Agreements:
j.
Agreement with Brown Armstrong Paulden McCown
AGR 09-033
Starbuck Thornburgh & Keeter ($62,800) for a full
scope annual audit of the 2008-09 fiscal year.
k.
Agreement with SMG (not to exceed $50,000) for
AGR 09-034
reimbursement of costs associated with the rental of
Rabobank Arena for the Christian Congregation of
Jehovah's Witnesses conventions.
1.
Agreement with Wilson & Associates (total not to
AGR 09-035
exceed $113,200) to provide continuing disclosure
services for various Special Assessment Districts.
M.
Amendment No.5 to Agreement No. 04-241 with
AGR 04-241(5)
CompuCom Systems, Inc. ($5,750.09; revised total
not to exceed $ 236,009.50) to provide Microsoft
Licenses for 1029 City computers.
n.
Amendment No. 1 to Agreement No. 07-079 with
AGR 07-079(1)
PlanNet Consulting ($26,600; revised total not to
exceed $220,730) for professional services for a
voice communication systems.
o.
Amendment No. 2 to Agreement No. 06-023 with
AGR 06-023(2)
MuniServices, LLC to expand the scope of work to
include property tax audit services.
P.
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.
1. Amendment No. 1 to Agreement No. 07-021
AGR 07-021(1)
with Christopher A. Joseph & Associates
($195,162) for preparation of EIR.
2. Appropriate $195,162 (developers'
contribution) to the Development Services
operating budget in the General Fund for the
EIR consultant.
6,63
664
Bakersfield, California, April 1, 2009 - Page 6
8.
9.
CONSENT CALENDAR continued ACTION TAKEN
q. Amendment No. 2 to Agreement No. 07-110 with
AGR 07-110(2)
Pavement Recycling Systems, Inc. ($800,000;
revised total not to exceed $3,200,000 and
extending term for one year) for cold planing.
r. Contract Change Order No. 1 to Agreement
No. 08-211 with Granite Construction Co.
AGR 08-211
CCO 1
($28,697.81; revised total not to exceed
$885,553.81) for Mill Creek Linear Park Phase 5A
Canal Facilities Project.
S. Contract Change Order No. 4 to Agreement
AGR 08-039
No. 08-039 with V Lopez and Sons, Inc.
CCO 4
($11,922.10; revised not to exceed $852,845.05) for
the Streetscape and Storm Drain Improvements -
19th Street at Eye Street Project.
Bids:
Miscellaneous:
t. Accept transfer and appropriate residual fund
balance of $229,154.31 from the Bakersfield
Public Financing Authority to the City's Capital
Outlay Fund for future capital or maintenance
needs of the Rabobank Arena and Convention
Center complex.
U. Appropriate $147,500 Old Town Kern
Redevelopment Project Area Fund Balance to the
operating budget within the Old Town Kern
Redevelopment Project Area Fund for Mill Creek
Area project infrastructure, utilities and
undergrounding.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 8.b.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items &a. through u. AB COUCH
CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution increasing RES 040-09
hangar and tie-down fees for the Bakersfield
Municipal Airport.
b. Public Hearing to consider Resolution ordering the
summary vacation of County Road 769 located off RES 041-09
Alfred Harrell Highway and northeast of Fairfax
Road.
Consent Calendar Hearings opened at 6:18 p.m.
Bakersfield, California, April 1, 2009 - Page 7
9. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
No one spoke.
Consent Calendar Hearings closed at 6:19 p.m.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 9.a. and b. AB COUCH
10. HEARINGS
None.
11. REPORTS
a. Budget and Finance Committee Report on
streamlining the billing system for blue cart recycling
service.
Public Works Director Rojas made staff comments.
Motion by Councilmember Hanson to direct staff APPROVED
to schedule a public hearing and make AB COUCH
improvements to the billing system, by placing
on property tax rolls..
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
a. Amendment No. 3 to Resolution No. 136-08 setting
salaries and related benefits for officers and
employees of the General Supervisory, Police
Supervisory (Non-Safety) and Management Units.
City Manager Tandy made staff comments.
L.
Motion by Vice-Mayor Scrivner to adopt the staff
recommendations.
Mayor Hall offered further reductions by
pledging 7% of his salary to assist with the
deficit, and asked the City Manager to facilitate
the paperwork.
In response to a question by Councilmember
Hanson, City Manager Tandy advised that the
Management and Supervisory employees made the
sacrifice with the understanding it was the intention
of the City Council to treat all groups equally, which
is an understanding based on good faith.
RES 136-08(3)
APPROVED
AB COUCH
toD
13.
Bakersfield, California, April 1, 2009 - Page 8
NEW BUSINESS continued
b. Mountain View Bravo, LLC and Hillcrest Bank:
AGR 05-285(4)
ACTION TAKEN
Amendment No. 4 to Agreement No. 05-285
(Settlement Agreement) with Mountain View
Bravo, LLC and Hillcrest Park. RES 042-09
2. Resolution terminating Agreement Nos. 06-
365 and 06-366 with Mountain View Bravo,
LLC for improvements to City in the Hills
Park West located at City Hills Drive and
Kuma Way, and City in the Hills Park East
located at City Hills Drive and Manchester
Lane.
Administrative Analyst Teglia made staff comments.
Councilmember Benham stated that in the future,
when the economy picks up, she would like to
explore the possibility that future agreements be
structured to minimize this type of situation from
reoccurring.
Motion by Councilmember Weir to approve the APPROVED
Amendment and adopt the Resolution. AB COUCH
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham asked staff to make an
analysis and report back regarding reducing the
amount of paper provided to the Council, which can
perhaps be done electronically.
Councilmember Benham thanked the Council for its
steadfastness in supporting the Federal Courthouse as part
of the Mill Creek concept and vision, and thanked staff for
their hard work on this project, as well as our Legislative
representatives.
Councilmember Weir referred the issue of parking by
college students on Radcliffe to the Legislative and
Litigation Committee.
Councilmember Weir thanked the City in the Hills
community for their patience in resolving the Masterson
issue, and advised the landscaping issues have been
referred to staff.
Councilmember Weir advised he would like to have a
community meeting in May, with staff in attendance, to
discuss the Northeast concept for development in that
L
Bakersfield, California, April 1, 2009 - Page 9
area.
16. COUNCIL AND MAYOR STATEMENTS continued
Councilmember Hanson advised he has received calls
regarding reducing the recycling pick-up to once a month
because the carts are only half full, and Public Works
Director responded that the carts he has seen have been
full.
Councilmember Hanson requested that Paige Atkison
be provided with a DVD of the Mayor's presentation to
her at tonight's meeting.
Councilmember Hanson advised that James Geluso is no
longer representing The Californian, feels he did a good job
covering the City beat, and wished him well.
Councilmember Sullivan advised she was part of the
Mayor's freeway cleanup a week ago and noticed tonight
there is still too much litter, and encouraged community
pride to reduce littering.
In response to a question from Councilmember Sullivan,
City Manager Tandy provided a brief update on the timing
and process of the Federal Courthouse.
Councilmember Sullivan advised she will be going to
Athens, Greece, during Easter vacation.
Mayor Hall thanked Councilmember Sullivan for her
comments on litter pickup and community pride, and noted
and commended the volunteer efforts of Valley Bible
Fellowship Church in the community.
Mayor Hall advised there were 1,500 volunteers involved in
Great American Cleanup Day last weekend; advised of his
bumper sticker campaign; and announced the next Mayor's
freeway litter pickup is April 18tH
14. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
b. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for John M.
Tarabino, et al v. City; KCSC Case No. S-1500-CV-
257620 SPC.
C. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to Government
Code Section 54956.9. (One matter)
ACTION TAKEN
b07
b 0 3 Bakersfield, California, April 1, 2009 - Page 10
14. CLOSED SESSION continued
ACTION TAKEN
City Clerk McCarthy announced that item 14.b. was
removed by staff.
Motion by Vice-Mayor Scrivner to adjourn to Closed
APPROVED
AB COUCH
Session at 7.27 p.m.
APPROVED
Motion by Vice-Mayor Scrivner to adjourn from Closed
AB COUCH
Session at 8:21 p.m.
15. CLOSED SESSION ACTION
STAFF WAS GIVEN
a. Conference with Labor Negotiator pursuant to
DIRECTION
Government Code Section 54957.6.
DELETED
b. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for John M.
Tarabino, et al v. City; KCSC Case No. S-1500-CV-
257620 SPC.
C. Conference with Legal Counsel - Potential
NO REPORTABLE
Litigation; Closed Session pursuant to Government
ACTION
Code Section 54956.9. (One matter)
17. ADJOURNMENT
Vice-Mayor Scrivner adjourned the meeting at 8:25 p.m.
ATTEST:
dAL_,L
I - M
CITY CLERK and Ex Officio Cle of
the Council of the City of Bakersfie