HomeMy WebLinkAbout05/06/09 CC MINUTES
A
s~ BAKERSFIELD CITY COUNCIL
MINUTES
~u* MEETING OF MAY 6, 2009
IF
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 Scrivner,
Councilmembers Carson, Benham, Weir,
Couch, Hanson, Sullivan
Absent: None.
2. INVOCATION by Pastor Ruinese Sheard, Unity Church.
3. PLEDGE OF ALLEGIANCE by Hudson Hartley, 5th Grade
Student at St. Francis School.
4. PUBLIC STATEMENTS
a. LaQuette Milner, Director of LQ's Performing Arts
Center spoke regarding the Giving Back to the
Community Weekend Event on May 15-17 at the
Center, 1300 19th Street, invited everyone to attend,
and provided written material.
b. Ray Scott, Administrative Services Manager for
Price Disposal, spoke regarding the Arvin Green
Arts Festival on May 16-17 at Smothermon Park,
from 10:00 a.m. to 7:00 p.m., in Arvin; invited
everyone to attend; and provided written material.
C. Bill Ware, President of the Bakersfield Police
Officers Association, spoke in opposition to
spending $3 million on a new phone system at this
time.
5. WORKSHOPS
None.
ru~.
Bakersfield, California, May 6, 2009 - Page 2
6. PRESENTATIONS ACTION TAKEN
a. Presentation by Mayor Hall of a Proclamation to
Recreation and Parks Director Dianne Hoover
declaring May, 2009, Water Safety Month.
Recreation and Parks Director Hoover received the
Proclamation and made comments.
7. APPOINTMENTS
None
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the April 22, 2009 Regular
City Council Meeting.
Payments:
b. Approval of department payments from April 9, 2009 ABS WEIR
to April 23, 2009 in the amount of $18,165,612.75
and self-insurance payments from April 9, 2009 to
April 23, 2009 in the amount of $890,990.09.
Ordinances:
C. Adoption of the following:
1. Ordinance amending Section 3.40.010 ORD 4571
Subsections D and E defining tax collector
and person in Chapter 3.
2. Ordinance amending Section 3.40.120 ORD 4572
relating to the payment of transient lodging
taxes.
3. Ordinance deleting a portion of Section ORD 4573
3.40.020 Subsection B relating to collecting
taxes in the General Fund.
4. Ordinance deleting Section 3.40.040 ORD 4574
Subsections C & D relating to reports and
remittances.
5. Ordinance amending Section 3.40.080 ORD 4575
relating to security requirements.
6. Ordinance amending Section 3.40.100 ORD 4576
relating to successor or assignee of business
to withhold tax from purchase price.
old
f1iJ
Bakersfield, California, May 6, 2009 - Page 3
8. CONSENT CALENDAR continued ACTION TAKEN
k Item 8.c. continued
7. Ordinance amending Section 3.40.110 ORD 4577
Subsection B relating to liability of successor
or assignee for tax.
8. Ordinance amending Section 3.40.150 ORD 4578
relating to enforcement.
9. Ordinance amending Section 5.26.010 ORD 4579
Subsection C relating to definition of person.
d. First Reading of Ordinance amending MC Section FR
1.12.010 by adding Annexation No. 594 consisting
of 49.74 acres located on the northwest corner of
Cottonwood Road and E. Panama Lane to Ward 1.
Resolutions:
e. The Park at River Walk:
1. Resolution dedicating right of way for Buena RES 050-09
Vista Road, north of Stockdale Highway.
2. Public Utility Easement for Pacific Gas & DEED 7062
Electric.
Agreements:
f. Agreement with the Housing Authority of the County AGR 09-043
of Kern (HACK) ($2,420,709 - NSP funds) to benefit
households < 50% of the area median income.
g. Agreement with State of CA Dept of Public Health AGR 09-044
and U. S. Dept of HUD (amount to be determined)
for the Housing Opportunities for Persons with
HIV/AIDS Entitlement Program.
h. Agreement with Big West of CA, Inc. for relocation, AGR 09-045
modification, or construction of identified water
wells, underground pipelines, and fencing within the
Westside Parkway property.
i. GPA/ZC No. 09-0263 (Stockdale Ranch) generally
located south of Stockdale Hwy & north of Cross
Valley Canal, west of City limits on Claudia Autumn
Drive, east of future ext of Nord.
1. Agreement with Castle & Cooke CA, Inc. & AGR 09-046
Bolthouse Properties, LLC ($243,000) for the
preparation of an EIR.
4
i
t
n
rv~
Bakersfield, California, May 6, 2009 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.i. continued
AGR 09-047
2. Agreement with RBF Consulting ($162,000)
the preparation of an EIR. ..i
3. Appropriate $162,000 (developer's
contribution) to the Development Services
Operating Budget in the General Fund.
j. Agreement with Selectron ($83,180.94) to upgrade AGR 09-048
existing Selectron Interactive Voice Response
System to current levels & add functionality for Solid
Waste & Rabobank Arena.
k. Full Release and Termination of Disposition and AGR 01-088(7)
Development Agreement No. 0 1 -088/RA01 -04 with ABS COUCH
Ray Olmscheid (later assigned to MAYA Cinemas
North America) to facilitate a mixed use commercial
project in the Southeast Redevelopment Agency
Project Area.
1. Amendment No. 1 to Agreement No. CA08-002 with AGR 09-049
Clifford & Brown ($60,000; revised not to exceed
$100,000) for outside legal services for Magdy
Aboelghar, et al v City, et al.
M. Amendment No. 1 to Agreement No. 07-288 AGR 07-288(1)
with Clifford & Brown ($125,000; revised not to
exceed $250,000) for outside legal services in the
matters of Robert Pratt v City, et al KCSC Case No.
S-1500 CV-253264-RJA; Robbie Pratt v Alan
j Tandy, et al KCSC Case No. S-1500-CV-256401;
and, Robert Pratt v City, et al KCSC Case No.
S- 1 500-CV-259414-AEW 257620-SPC.
I
n. Amendment No. 1 to Agreement No. 07-187 with AGR 07-187(1)
Professional Dynamics, Inc. (not to exceed
$75,000 - Self Insurance Fund) for Workers'
Compensation Utilization Review services for a
twelve month period.
AGR 07-188(1)
o. Amendment No. 1 to Agreement No. 07-188 with
Comprehensive Care Systems (not to exceed
$50,000 - Self Insurance Fund) for Workers'
r Compensation Nurse Case Management services
for a twelve month period.
P. Amendment No. 1 to Agreement No. 07-034 with AGR 07-134(1)
Robert Hooper assigning ground lease of Hangar
Space D1 Bakersfield Municipal Airport to Keith
Lamb.
i
i
ii
Bakersfield, California, May 6, 2009 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
q. Amendment No. 1 to Agreement No. 08-073 with AGR 08-073(1)
Zumar Industries ($72,000; revised not to exceed
$139,046.75 and extending term for one (1) year)
for traffic signs.
r. Contract Change Order Nos. 10 -14 to Agreement AGR 08-062
No. 08-062 with Granite Construction ($140,000; 00010, 00011
revised not to exceed $8,355,931.50) for the Allen 00012, 00013
00014
Road Improvements between Ming Avenue and
Stockdale Highway Project.
S. Wastewater Treatment Plant No. 3 - 2007
Expansion Project:
1. Contract Change Order No. 6 to Agreement AGR 07-302
No. 07-302 with Kiewit Pacific Corp 0006
($3,450,000; revised not to exceed
$216,169,330) for the project.
2. Transfer $3,450,000 contingency established
for Project to the PWDept CIP Budget.
t. Contract Change Order Nos. 9, 13, 31 & 32 to AGR 07-304
Agreement No. 07-304 with Security Paving 0009, 00013
Construction ($59,963.73; revised total not to 00031, 00032
exceed $29,999,872.72) for the State Route 178
and Fairfax Road Interchange Project. (TRIP)
U. Contract Change Order No. 1 to Agreement AGR 08-235
No. 08-235 with Precision Analytical, Inc. 0001
($19,300.01; revised not to exceed $203,280.61) for
the Driveway Entrance Remodel U.S.P.S. Hillcrest
Carrier Annex Project.
Bids:
V. Extend bid for one (1) Pierce Quantum fire engine
pumper from South Coast Fire Equipment
($474,153.21) and appropriate $453,373 insurance
recovery proceeds and $20,781 Fund Balance to
the Equipment Maintenance Fund Operating
Balance.
W. Traffic signal, lighting and interconnect system
installations on Pacheco Road at Gasoline Alley
Drive and Wible Road at Barber Way:
1. Accept bid and award contract to Loop
Electric ($228,466.25) for the project. AGR 09-050
Bakersfield, California, May 6, 2009 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
2. Appropriate $35,000 Developer share of
project costs to the Public Works
Department Capital Improvement Budget
within the Gas Tax Fund.
X. Accept bid from San Joaquin Tractor Co.
($51,912.88) for one (1) replacement rubber-
wheeled tractor w/bucket, 4 wheel drive for the
Wastewater Division.
Y. Accept bid and award contracts for irrigation parts
and supplies:
1. Resolution determining that Rain Bird RES 051-09
Maxicom controllers cannot be obtained
through the usual bidding procedures and
authorizing the Finance Director to dispense
with bidding therefore, not to exceed
$75,000.
2. Award annual contract to Kern Turf Supply, AGR 09-051
Inc. ($75,000) for Maxicom controllers.
3. Accept bid and award annual contract to AGR 09-052
Kern Turf Supply, Inc. (not to exceed
$229,680.46) for irrigation parts and
supplies.
Miscellaneous:
Z. Budget and Finance Committee Report regarding
FY 09/10 CDBG, HOME Investment Partnership
and Emergency Shelter Grant Annual Spending
Plan.
aa. U. S. Dept HUD FY 08/09 Action Plan Amendment
No. 4 and Consolidated Plan 2010 Substantial
Amendment for Homeless Prevention and Rapid
Re-Housing Program Neighborhood Stabilization
Program funds.
bb. Grant of Easement to P. G. & E. on Ashe Road for DEED 7063
electrical service at Wastewater Treatment Plant
No. 3.
City Clerk McCarthy announced corrections to item 8.v.,
which should read "...and appropriate $453,373
insurance recovery proceeds and $20,781 Fund Balance to
the Equipment Maintenance Fund Operating Balance"; and
correspondence was received from staff regarding items
8.g., 8.v. and 8.z.
lUr
Bakersfield, California, May 6, 2009 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, 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.k.
Motion by Vice-Mayor Scrivner to adopt Consent
Calendar items 8.a. through bb., with correction to APPROVED
items 8.v.
9. CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subdivision
(b)(1)(3)(A) of Government Code Section 54956.9.
(One matter)
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, et al - KCSC Case
No. S-1500-CV-257620-SPC.
C. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for Kern Delta v.
North Kern; City of Bakersfield - KCSC Case
No. S-1500-CV-266459.
d. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED
Session at 5:35 p.m.
Motion by Vice-Mayor Scrivner to adjourn from Closed APPROVED
Session at 7:12 p.m.
RECONVENED MEETING - 7:14 p.m.
1
11. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Potential NO REPORTABLE
Litigation; Closed Session pursuant to subdivision ACTION
(b)(1)(3)(A) of Government Code Section 54956.9.
(One matter)
~lY r
Bakersfield, California, May 6, 2009 - Page 8
11. CLOSED SESSION ACTION continued ACTION TAKEN
b. Conference with Legal Counsel - Existing Litigation; NO REPORTABLE
Closed Session pursuant to subdivision (a) of ACTION
Government Code Section 54956.9 for John M.
Tarabino, et al v. City, et al - KCSC Case
No. S-1500-CV-257620-SPC.
C. Conference with Legal Counsel - Existing Litigation; STAFF GIVEN
Closed Session pursuant to subdivision (a) of DIRECTION
Government Code Section 54956.9 for Kern Delta v.
North Kern; City of Bakersfield - KCSC Case
No. S-1500-CV-266459.
STAFF GIVEN
d. Conference with Labor Negotiator pursuant to DIRECTION
Government Code Section 54957.6.
11. DEFERRED BUSINESS
a. Agreement with Global CTI (not to exceed
$1,500,000) for the purchase, installation,
maintenance, and training of City staff of a ShoreTel
Enterprise IP Telephone System.
Motion by Councilmember Benham to defer this APPROVED
item to July due to the great uncertainty of the
State budget and its effect on the City budget
12. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider the following items
i regarding Developmental Services Support
Foundation for Kern, Inyo and Mono Counties:
1. Resolution approving, authorizing and RES 052-09
directing execution of a joint exercise of AGR 09-053
1 powers agreement relating to the California
Municipal Finance Authority and approving
{ the issuance of revenue bonds in one or
more series by the Authority for the purpose
of financing and refinancing the acquisition,
construction and improvement of certain
facilities for the benefit of the Developmental
Services Support Foundation for Kern, Inyo
and Mono Counties.
b. Public Hearing to consider Morning Drive-College
Avenue Planned Bridge & Major Thoroughfare Area.
i
1. Resolution adopting the Morning Drive- RES 053-09
College Avenue Planned Bridge & Major
Thoroughfare Area and making findings
thereto.
J
Bakersfield, California, May 6, 2009 - Page 9 709
12. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
Item 12.b. continued
2. Adoption of Ordinance amending Section ORD 4581
16.32.060 of the Municipal Code relating to
bridge crossings and major thoroughfares.
C. Public Hearing to consider General Plan CONTINUED TO
Amendment/Zone Change No. 03-0337 - The NEXT GPA CYCLE
Canyons Project; Robert Kapral, representing
Canyons, LLC (property owner) has applied for a
general plan amendment and zone change on 889
acres generally located south of Hart Memorial Park
and Alfred Harrell Highway bounds the site on the
west, north and east sides.
d. Public Hearing to consider Williamson Act Land Use CONTINUED TO
Contract Cancellation and Agricultural Preserve NEXT GPA CYCLE
No. 14 Boundary Alteration No. 09-0192.
Consent Calendar Hearings opened at 7:18 p.m.
No one spoke.
Consent Calendar Hearings closed at 7:19 p.m.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar Hearing items 12.a through 12.d.
14. HEARINGS
None.
15. REPORTS
a. Presentation of the Proposed FY 2009-10 Budget.
City Manager Tandy, Assistant City Manager
Stinson, and Management Assistant Kirkwood made
staff comments and provided a slide presentation.
Councilmember Couch complimented staff and
employees for working together during this
difficult process; and asked staff to provide a
report regarding how much the City set aside as
one-time revenues and where it was placed.
16. NEW BUSINESS
None.
,710 Bakersfield, California, May 6, 2009 - Page 10
17. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN
None.
18. ADJOURNMENT
Mayor Hall adjourned the meeting at 7.51 p
MAYOR of the City of Bakersfield, CA
ATTEST:
. CITY CLERK and Ex Officio Jerk of
the Council of the City of Bakersfield
i
O
i
i
I
1
i
{
l
_ _.....AA