Loading...
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