HomeMy WebLinkAbout09/23/09 CC MINUTES
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BAKERSFIELD CITY COUNCIL
d MINUTES
L~ MEETING OF SEPTEMBER 23, 2009
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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,
Hanson, Sullivan (seated at 5:20 p.m.)
Absent: Councilmember Couch
2. INVOCATION by Councilmember Carson
3. PLEDGE OF ALLEGIANCE by Adrian Herrera, 3rd Grade
Student at Ronald Reagan Elementary School
Mayor Hall recognized the Bakersfield College
Political Science Class and the Ridgeview High
School Government Class in attendance at the
meeting to learn about City Government.
4. PUBLIC STATEMENTS
a. Arthur Unger, with the Kern-Kaweah Chapter of
the Sierra Club spoke in support of all projects
being required to use solar voltaic generators
on the roofs of buildings, and provided a written
statement.
Councilmember Benham referred Mr. Unger's
recommendation to the Planning and
Development Committee.
b. Terri Palmquist spoke regarding the parking
restrictions at 25th and H streets, and the
upcoming "40 Days for Life Campaign".
C. Tim Palmquist spoke regarding public street use
for the event to be held September 23rd
through November 1 sr
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Bakersfield, California, September 23, 2009 - Page 2
4. PUBLIC STATEMENTS continued ACTION TAKEN
Councilmember Sullivan stated that it is the
responsibility of the Council to treat everyone
fairly and to have a policy that is consistent,
and there is a policy in place regarding the
parking immediately in front of a business,
which is to allow the business to determine the
time of parking in front of their own business,
and she asked the City Manager to briefly
explain this policy.
City Manager Tandy explained there is a City
policy in place of allowing the business whose
property is immediately adjacent to the parking
to determine what the time of the parking
should be, as long as that business is willing to
pay for any signage changes that may occur.
d. Tim Taylor, a former employee of the City of
Bakersfield, spoke regarding the upcoming
change in the retiree health plan, and
expressed his concerns regarding the
information contained in the new plan.
In response to a question from Councilmember
Benham, City Manager Tandy explained that
staff is in the process of preparing a mailer for
all retirees in response to a large volume of
e-mails received, and setting up meetings with
any who are interested to brief them, which
include either the consultant and/or the
proposed service provider, although some of
the specifics are still in negotiation,
e. Ralph Wenzinger, former City employee, spoke
regarding retiree medical changes, and read
an e-mail from Councilmember Hanson in
response to his concerns.
f. Marvin Dean, representing the Southeast
Bakersfield Redevelopment Oversight Group,
spoke in support of Consent Calendar items 8.c.
and 8.o., and regarding bringing some
proposals back to the City Council at a later
date about the Green the Block Movement.
Bakersfield, California, September 23, 2009 - Page 3 4
5. WORKSHOPS ACTION TAKEN
a. Convention & Visitors Bureau Update.
Economic Development Director Kunz
introduced Convention & Visitors Bureau
Manager Don Cohen, who made a
presentation regarding the Bureau's operations
and accomplishments, then introduced
Marketing & Events Specialist Chris Huot, who
made a presentation about the Bureau's "Visit
Bakersfield" website.
Councilmember Sullivan expressed her
appreciation for the presentations.
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Mayor Hall commended staff for doing an
exceptional job in presenting the Bureau in a
positive manner.
6. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to
Judi McCarthy, Chairman of the Board, Kern
Community Foundation and Fred Drew,
President & CEO, Kern Community Foundation,
j honoring the 1 Ot" Anniversary of the Kern
Community Foundation.
Ms. McCarthy and Mr. Drew accepted the
Proclamation and made comments.
b. Presentation by Mayor Hall of Proclamation to
Links for Life representatives declaring October,
2009 Paint the Town Pink Month.
j Jennifer Henry accepted the Proclamation,
introduced staff, volunteers and survivors
present; and made comments.
7. APPOINTMENTS
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None.
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Bakersfield, California, September 23, 2009 - Page 4
8. CONSENT CALENDAR ACTION TAKEN
Minutes:
a. Approval of minutes of the September 9, 2009 •
Regular City Council Meeting.
Payments:
b. Approval of department payments from August ABS WEIR
28, 2009 to September 10, 2009 in the amount
of $28,902,915.04 and self-insurance payments
from August 28, 2009 to September 10, 2009 in
the amount of $107,621.75.
Ordinances:
C. First Reading of Ordinances amending the FR
Redevelopment Plans to extend certain time
limits on the effectiveness of the Plans for the
Old Town Kern-Pioneer Redevelopment Project
and the Southeast Bakersfield Redevelopment
Project, and the time to pay indebtedness and
receive tax increments.
d. First Reading of Ordinance amending Municipal FR
Code Sections 1.12.010, 1.12.030, 1.12.040 and
1. 12,070 by adding Annexation No. 598
consisting of 30.26 acres located along the
north side of Casa Loma Drive, east of
Cottonwood Road to Ward 1, Annexation
No. 571 consisting of 20.09 acres located along
the south side of Pioneer Drive, east of Vineland
Road to Ward 3, Annexation No. 593 consisting
of 15.72 acres located on the north and south
side of Kimberly Avenue, between Coffee Road
and Patton Way and Annexation No. 603
consisting of 77.31 acres located along the
south side of Seventh Standard Road, west of
Calloway Drive, east of the Friant Kern Canal to
Ward 4, and Annexation No. 600 consisting of
66.14 acres located along the west side of
South H Street, north and south of Taff Highway
to Ward 7.
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Bakersfield, California, September 23, 2009 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
e. Adoption of Ordinance approving a Negative ORD 4587
Declaration and amending Title 17 (Zone Map
No. 101-13) of the Municipal Code by changing
the zoning from A (Agriculture) to M-1 (Light
Manufacturing) and M-2 (General
Manufacturing) on 8.7 acres generally located
at the southwest corner of Hageman Road and
Allen Road, east of the A.T. & S.F. Railroad
tracks. (ZC 09-0303) (Applicant: Marino and
Associates/ Property Owner: Hageman Road
Property Inc.) (FR 09/09/09)
f. Adoption of Ordinance partially upholding an ORD 4588
appeal and amending Title 17 (Zone Map
Nos. 103-01 & 104-06) of the Municipal Code by
changing the zoning from R-1, R-1-HD,
R-S-IOA-HD to OS-HD on 297.10 acres, R-1-HD on
508.57 acres, R-2-HD on 46.68 acres, R-2-HD on
28.18 acres and C-2-HD on 8.15 acres for a total
of 888.68 acres generally located south of Hart
Memorial Park, Alfred Harrell Highway bounds
the site on the west, north and east sides.
(ZC 03-0337) (The Canyons Project) (FR 09109109)
Resolutions:
g. Resolution adopting a City Council Policy for RES 106-09
Environmentally Preferable Purchasing (EPP).
h. Resolution amending the official list of RES 107-09
designated speed zones, pursuant to Sections
22357 and 22358 of the California Vehicle Code
and Chapter 10.24 of the Municipal Code.
I. Resolution confirming approval by the Assistant RES 108-09
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.
FU Bakersfield, California, September 23, 2009 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
j. Resolution of Application proposing annexation RES 109-09
of uninhabited territory to the City of
Bakersfield identified as Annexation No. 520
consisting of 31.53 net acres located at the
southwest corner of Gosford Road and
McCutchen Road,
k. Resolutions adding territory known as Area 2-41 RES 110-09
(McDonald Way, Ming Ave NW) and Area 4-93 RES 111-09
(2730 Mall View Road) to the Consolidated
Maintenance District, confirming the
assessments, approving the Public Works
Director's Report and authorizing collection of
assessments by the Kern County Tax Collector.
Agreements:
1. Roadway improvements on Buena Vista Road
from the Union Pacific Railroad's Buttonwillow
Branch to the intersection of White Lane.
1. Reimbursement Agreement with Castle AGR 09-123
& Cooke California, Inc. (not to exceed
$329,174.00) for project.
2. Transportation Impact Fee Agreement AGR 09-124
with Castle & Cooke California, Inc. (not
to exceed $150,000.00) for project.
M. Agreement with AEG Cycling, LLC to host a AGR 09-125
Stage Finish of the 2010 Amegen Tour of
California.
n. Homelessness Prevention Services and Rapid REMOVED FOR
Re-Housing Services (ARRA); SEPARATE
CONSIDERATION
1. Agreement with Bethany
Services/Bakersfield Homeless Center
(not to exceed $680,164) to provide
Homelessness Prevention Services.
2. Agreement with Bethany
Services/Bakersfield Homeless Center
(not to exceed $680,164) to provide
Rapid Re-Housing Services.
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Bakersfield, California, September 23, 2009 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
o. Agreement with Bakersfield Redevelopment AGR 09-128
Agency to provide financing for construction
and development of affordable housing for the
19th Street Senior Plaza Apartments and the
Courtyard Family Apartments at South
Millcreek.
1. Authorize loan and appropriate funds to
provide a 7 year, $2,000,000 loan at 5%
interest from the City Equipment Fund to
the Redevelopment Agency to provide
construction assistance required for the
19th Street Senior Plaza Development
located 501 19th Street, east of the canal
between 18th and 19th streets.
2. Authorize loan and appropriate funds to
provide a 7 year, $1,500,000 loan at
5% interest from the Self Insurance Fund
to the Redevelopment Agency to
provide construction assistance required
for the Courtyard Family Apartments
located west of S Street, between 13th
Street and 14th Street at South Millcreek.
3. Appropriate $1,000,000 fund balance
from the Bakersfield Redevelopment
Agency SEPA Housing Fund to provide
construction assistance required for the
Courtyard Family Apartments located
west of S Street, between 13th Street
and 14th Street at South Millcreek.
P. Amendment No. 2 to Agreement No. 07-367 AGR 07-367(2)
with Ennis Paint, Inc., ($110,000; revised not to
exceed $330,000 and extend the term for one
(1) year) for traffic paint.
q. Amendment No. 2 to Agreement No. 07-349 AGR 07-349(2)
with Granite Construction Co., ($5,000,000;
revised not to exceed $15,000,000 and extend
the term for one (1) year) for street materials.
i1 Bakersfield, California, September 23, 2009 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
r. Contract Change Order No. 21 to Agreement AGR 08-062
No. 08-062 with Granite Construction CCO 21
($41,728.20; revised not to exceed
$8,556,000.70) for the Allen Road Improvements
between Ming Avenue and Stockdale Highway
Project.
S. Contract Change Order No. 1 to Agreement AGR 09-026
No. 09-026 with Restroom Facilities Limited CCo 1
($11,268.00; revised not to exceed $316,254.00)
for the Mill Creek Prefabricated Restroom
Facility Project.
t. Contract Change Order No. 6 to Agreement AGR 09-008
No. 09-008 with Griffith Construction ($13,954.50; CCO 6
revised not to exceed $1,128,936.67) for the
realignment of Auburn Street Project. (TRIP)
Bids:
U. Accept Base Bid and Additive Alternate 1 and AGR 09-129
award contract to Granite Construction Co.
($615,508.00) for the construction of the
Pavement Rehabilitation 2009 - CDBG-R
Project. ARRA
V. Accept bid from Jim Burke Ford ($650,057.47)
for twenty-nine (29) four-door police special
sedans (nineteen (19) replacement, ten (10)
additional) for the Police Department.
Miscellaneous:
W. Grant of Easement to P.G. & E. to relocate DEED 7178
electrical service being displaced by the
construction of the Westside Parkway at the
Friant Kern Canal and Brimhall Road extended
(Flying J Refinery). (TRIP)
X. State of California Education Revenue
Augmentation Fund (ERAF) $1,700,000 transfer
for FY 2009-10.
1. Appropriate $400,000 from the
Downtown Redevelopment Project Area
Fund Balance to the Operating Budget
within the Downtown Redevelopment
Project Area Fund.
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Bakersfield, California, September 23, 2009 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8x, continued
2. Transfer $200,000 from Capital
Improvement Budget to the Operating
Budget within the Downtown
Redevelopment Project Area Fund.
3. Transfer $900,000 within the Operating
Budget in the Southeast Redevelopment
Project Area.
4. Transfer $200,000 from the Capital
Improvement Budget from the Southeast
Redevelopment Project Area to the
Operating Budget within the Southeast
Redevelopment Project Area Fund.
Y. Appropriate contributions from Bright House
Networks ($2,000), Our Lady of Perpetual Help
($600) and Logan's Roadhouse ($350) to the
Recreation and Parks Department Operating
Budget within the General Fund for various
recreation programs.
Z. Appropriate $1,300,000 Anthem Blue Cross
medical premium surplus funds to the
non-departmental budget within the General
Fund to provide for additional deposits into the
Retiree Medical Irrevocable Trust Fund.
aa. Adoption of 2009-2010 Equal Employment
Opportunity Plan.
Councilmember Weir announced he would abstain
due to conflict of interest, source of income, on item
8.b.
Councilmember Carson requested that item 8.n. be
removed for separate consideration.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8.aa., with the removal for AB COUCH
separate consideration of item 8.n.
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Bakersfield, California, September 23, 2009 - Page 10
8. CONSENT CALENDAR continued ACTION TAKEN
n. Homelessness Prevention Services and Rapid
Re-Housing Services (ARRA):
1. Agreement with Bethany AGR 09-126
Services/Bakersfield Homeless Center
(not to exceed $680,164) to provide
Homelessness Prevention Services.
2. Agreement with Bethany AGR 09-127
Services/ Bakersfield Homeless Center
(not to exceed $680,164) to provide
Rapid Re-Housing Services.
Councilmember Carson stated that the reason
she asked for this item to be considered
separately was to bring recognition to what she
feels is a good program for the homeless
community.
Motion by Councilmember Carson to adopt APPROVED
Consent Calendar item 8.n. AB COUCH
9. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution ordering RES 112-09
the summary vacation of deceleration lanes
located at the northwest corner of Ming
Avenue and Buena Vista Road.
b. Public Hearing to consider the amendment of FR
the Downtown Redevelopment Plan, First
Reading of Ordinance and to extend certain
time limits on the effectiveness and the time to
pay indebtedness and receive tax increment.
Consent Calendar Hearings opened at 6:19 p.m.
No one spoke.
Consent Calendar Hearings closed at 6:20 p.m.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar Hearing items 9.a. and 9.b. AB COUCH
10. HEARINGS
None.
Bakersfield, California, September 23, 2009 - Page 11
11. REPORTS ACTION TAKEN
None.
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None.
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14. CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for
the following cases
1. Aboelghar, Magdy, et al v. City, et al -
KCSC Case No. S-1500-CV-262272-WDP
2. Darren Halley v. City, et al - KCSC Case PULLED
No. S-1500-CV-264464-AEW
3. Home Builders Association v. City - KCSC
Case No. S-1500-CV-267954 NFT
b. Conference with Legal Counsel - Potential ONE MATTER
Litigation, Closed Session pursuant to PULLED
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. Jwo matters)
c. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
Assistant City Clerk Gafford announced
correspondence was received from staff requesting
items 14.a.2. and 14.b. (one matter) be pulled from
the Agenda.
Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED
Session at 6:21 p.m. AB COUCH
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 8:00 p.m. AB COUCH
RECONVENED MEETING - 8:10 p.m.
t~ ll Bakersfield, California, September 23, 2009 - Page 12
15. CLOSED SESSION ACTION ACTION TAKEN
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for
the following cases:
1. Aboelghar, Magdy, et al v. City, et al - CITYATTORNEY
KCSC Case No. S-1500-CV-262272-WDP GIVEN DIRECTION
3. Home Builders Association v. City - KCSC NO REPORTABLE
Case No. S-1500-CV-267954 NFT ACTION
b. Conference with Legal Counsel - Potential NO REPORTABLE
Litigation; Closed Session pursuant to ACTION
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. (One matters)
C. Conference with Labor Negotiator pursuant to NO REPORTABLE
Government Code Section 54957.6. ACTION
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Sullivan announced she was pleased
to represent the City at League of California Cities
Annual Conference in San Jose last week, where she
had the opportunity to hear presentations on issues
relating to local government, interact with city
councilmembers across California, and participate on
behalf of the City in providing policy guidance for the
League's activities for the upcoming year.
Councilmember Sullivan asked staff to look into the
trash issue at a large vacant lot on Ming Avenue
between Taco Bell and the Sports Authority, and
report back regarding whose responsibility it is to
maintain that property.
Councilmember Sullivan asked staff to look at the
cost effectiveness of using artificial turf at the new
median on Stine Road near Ridgeview High School.
Mayor Hall announced he was very pleased that
Assistant Chief Martin took action on a suggestion he
had to do some citing for litter violations and, as a
result, 50 citations were issued for uncovered loads at
the entrance to the green waste facility and on the
Fairfax Extension along Alfred Harrell Highway.
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Bakersfield, California, September 23, 2009 - Page 13 U t
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Mayor Hall announced that September 121h was the
1 lth Annual United Way Day of Caring, in which 1100
volunteers from 37 local companies participated in
various beautification projects that assisted 22
nonprofit agencies, and an additional 1100 volunteers
from Valley Bible Fellowship Church went out on their
own and participated in litter pickup efforts.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:17 p.m.
MA OR of th City of Bakersfield, CA
ATTEST;
5wtI Ct .~E~I
L iisSE_ CITY CLERK and Ex Offic' lerk of
the Council of the City of Bakersfield
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