HomeMy WebLinkAbout10/07/09 CC MINUTES
BA
`"BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 7, 2009
LIFO
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 Benham, Weir, Couch,
Hanson, Sullivan (seated at 5:20 p.m.)
Absent: Councilmember Carson
2. INVOCATION by Pastor Hayward Cox, Church of God.
3. PLEDGE OF ALLEGIANCE by Lily St. Laurent, 5th Grade
{ Student at Munsey Elementary School.
4. PRESENTATIONS
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a. Presentation by Mayor Hall of Certificates of
Appreciation to City Recreation and Parks f
employees: Alberto Mendoza, Ansermio "A.J."
a Estrada, Eric-Ty Torres, Rudy Castro, Bill Patterson
and Greg Muro, who went beyond the scope
of their duties in attempting to save and saving
lives of Bakersfield citizens in distress.
Messrs. Mendoza, Muro, Patterson, Castro, and
Torres accepted their Proclamations. Mr.
Estrada was not present.
b. Presentation by Mayor Hall of Proclamation to
Independent Living Center of Kern County
representatives declaring October, 2009 as
White Cane Awareness Month and October 10,
2009 as White Cane Awareness Day.
Brandy Morgan accepted the Proclamation
and made comments.
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Bakersfield, California, October 7, 2009 - Page 2
Mayor Hall recognized the Bakersfield College Political ACTION TAKEN
Science Class and the Ridgeview High School
Government Class in attendance at the meeting to
learn about City Government.
5. PUBLIC STATEMENTS
a. Marvin Dean spoke regarding his recent trip to
Washington, D.C., and declared his candidacy
to run for the Ward 1 Council seat.
b. Terri Palmquist spoke regarding parking
restrictions; asked that the matter be brought to
a Council Committee; and expressed her
concerns regarding the City's recent removal
of crosses from property and threats of fines.
Councilmember Sullivan advised the City will
get back to Ms. Palmquist on this matter.
C, Tim Palmquist spoke regarding the City's
confiscation of memorials and discrimination
against signs.
6. WORKSHOPS
None.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 23, 2009
Regular City Council Meeting.
Payments:
b. Approval of department payments from ABS WEIR
September 11, 2009 to September 24, 2009
in the amount of $14,883,878.27 and self-
insurance payments from September 11,
2009 to September 24, 2009 in the amount of
$415,723.44.
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8. CONSENT CALENDAR continued ACTION TAKEN
Ordinances:
C. First Reading of the following Ordinances
1. Amending Section 8.32.060 relating to FR
refuse/solid waste/recycling.
2. Amending Section 12.16.140 relating to FR
security requirements for construction
in streets.
3. Amending Section 12.56.050 relating to FR
prohibited acts in parks.
4. Amending Sections 16.16.060 & 16.20.060 FR
relating to public hearing notice.
5. Amending Section 16.16.080 relating to FR
extension of Tentative Map approval
6. Amending Section 16.28.170 and adding FR
Section 17.04.395 relating to flag lots.
7. Amending Section 17.04.595 relating to FR
street frontage.
8. Amending Sections 17.06.010, 17.06.020 FR
& 17.06.050 relating to zoning maps.
9. Amending Section 17.08.140 relating to FR
design standards for large retail
developments.
10. Amending Sections 17.30.020 & 17.30.030 FR
relating to uses permitted in
manufacturing zones.
11. Amending Section 17.60.060 & 17.60.070 FR
relating to sign development standards
and electronic message displays.
12, Amending Section 17.61.030 relating to FR
minimum landscape standards.
d. Adoption of Ordinances amending the ORD 45890
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Redevelopment Plans to extend certain time ORD 4590
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. (FR 09123109)
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8. CONSENT CALENDAR continued ACTION TAKEN
e. Adoption of Ordinance amending the ORD 4591
Redevelopment Plan for the Downtown
Bakersfield Redevelopment Project to extend
certain time limits on the effectiveness and the
time to pay indebtedness and receive tax
increment. (FR 09/23/09)
f. Adoption of Ordinance amending Municipal
Code Section 1.12.010, 1.12.030, 1.12.040 and ORD 4592
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. (FR 09123109)
g. Adoption of Ordinance approving Negative ORD 4593
Declaration and amending the Official Zoning
Map in Title 17 of the Municipal Code by
changing the zone district from C-O/PCD
(Professional and Administrative Office/Planned
Commercial Development) to R-2/PUD (Limited
Multiple Family Dwelling/Planned Unit
Development) on 22.46 acres located at the
northwest corner of Gosford Road and Berkshire
Road (future alignment). (ZC 09-0258)
(Applicant: Smith Tech USA, Inc. /Property
Owner: Fairway Oaks South L.P.) (FR 09109109)
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8. CONSENT CALENDAR continued ACTION TAKEN
h. Adoption of Ordinance approving Negative ORD 4594
Declaration and amending the Official Zoning
Map in Title 17 of the Municipal Code by
changing the zone district from E (Estate), R-1
(One Family Dwelling), R-2 (Limited Multiple
Family Dwelling) and C-2 (Regional
Commercial) to C-O/PCD (Professional and
Administrative Office/Planned Commercial
Development) and C-2/PCD (Regional
Commercial/Planned Commercial
Development) on 25.03 acres located at the
northeast corner of Rosedale Highway (SR-58)
and Verdugo Lane. (ZC 09-0023) (Luis Hinojosa,
Designed Images) (FR 09/09/09)
Resolutions:
RES 113-09
I. 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 $125,000.
j. Resolutions of Intention (ROI) to add territory to
the Consolidated Maintenance District and
preliminarily adopting, confirming and
approving the Public Works Director's Report.
1. ROI No. 1645 to add territory, Area 4-94 ROI 1645
(3300 N. Sillect Avenue).
2. ROI No. 1646 to add territory, Area 5-58 ROI 1646
(2410 O Street).
Agreements:
k. Agreement with Bank of America for banking AGR 09-130
ABS WEIR
services. z
1. Agreement with Bakersfield Senior Center, Inc. AGR 09-131
($85,000 - CDBG funds) for operational
expenses at 530 4th Street.
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8. CONSENT CALENDAR continued ACTION TAKEN
M. Wastewater Treatment Plant No. 3 - 2007
Expansion Project:
1. Contract Change Order No. 8 to AGR 07-302
Agreement No. 07-302 with Kiewit Pacific CCO 8
Corp. ($798,000; revised not to exceed
$217,354,492) for project.
2. Transfer $798,000 contingency
established for the Wastewater
Treatment Plant No. 3 Expansion Project
to the Public Works Department Capital
Improvement Budget.
n. Amendments to Landscape Agreements
1. Amendment No. 2 to Agreement AGR 06-121(2)
No. 06-121 with K. Hovnanian's Four
Seasons at Bakersfield, LLC for Tract 6444
- Phase 1 located north of Panorama
Drive and east of Vineland Road.
2. Amendment No. 2 to Agreement AGR 06-318(2)
No. 06-318 with K. Hovnanian's Four
Seasons at Bakersfield, LLC for Tract 6444
- Phase 2 located north of Panorama
Drive and east of Vineland Road.
3. Amendment No. 2 to Agreement AGR 06-225(2)
No. 06-225 with K. Hovnanian's @
Rosemary Lantana, LLC for Tract 6498 -
Phase 1 located at the intersection of
Panorama Drive and Masterson Street.
4. Amendment No. 2 to Agreement AGR 07-126(2)
No. 07-126 with Regent Land Investment,
LLC (owner) and K. Hovnanian @
Rosemary Lantana, LLC, (Developer) for
Tract 6498 - Phase 1 located at the
intersection of Panorama Drive and
Masterson Street.
o. Contract Change Order No. 2 to Agreement AGR 09-041
No. 09-041 with Granite Construction Co. CCO 2
($37,345.04; revised not to exceed
$1,719,940.04) for the Street Improvements
along White Lane - Dovewood Street to Wible f
Road Project. .rrl
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Bakersfield, California, October 7, 2009 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
P. Contract Change Order No. 1 to Agreement AGR 09-063
No. 09-063 with Griffith Co. ($225,760.22; revised CCO 1
not to exceed $2,561,755.22) for the Pavement
Reconstruction on White Lane - Gosford Road
to Ashe Road FY 08/09 Project.
q. Contract Change Order Nos. 2, 3 & 4 to AGR 09-031
Agreement No. 09-031 with Elite Landscaping CCO 2, CCO 3,
($110,217.25; revised not to exceed 4,114,001.25 CCO 4
for the Mill Creek Linear Park - Phases 2, 4, 5A &
5B Project.
Bids:
r. Accept bid and award contract to Parsam AGR 09-132
Construction, Inc. ($1,200,000) for the
construction of wall improvements on Paladino
Drive, Vineland Road and Panorama Drive.
Miscellaneous:
S. Appropriate $589,000 Federal Grant Revenues
(DUI Enforcement Grant from the State Office
of Traffic Safety) to the General Fund Police
Operating Budget, to fund overtime for traffic
enforcement strategies and to purchase
checkpoint supplies and services for the Traffic
Division.
t. Appropriate $16,200 seized asset revenues to
the Capital Improvement Budget within the
Supplemental Law Enforcement Fund to
complete the purchase of a bomb response
vehicle.
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U. Appropriate and transfer $150,000 Sewer
Enterprise fund Balance to the Public Works
Department Operating Budget within the
Equipment Management Fund to purchase two
biosolids hauling trailers and to retrofit one
truck.
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Bakersfield, California, October 7, 2009 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
V. Additional Regular Positions required as part of
the Wastewater Treatment Plant No. 3
Expansion Project.
1. Authorize one Wastewater Mechanic,
one Electrical Technician II, three
Wastewater Operators and one Heavy
Duty Equipment Operator.
2. Appropriate $212,500 Sewer Enterprise
Fund balance to the Public Works
Department Operating Budget to
approve six months of funding for six
positions in FY 09/10.
W. Department of Housing & Urban Development
(HUD), Community Development Block Grant
and HOME Investment Partnership Action Plan
Amendment No. 1(FY 09/10), Amendment No. 7
(FY 08/09) and Amendment No. b (FY07/08), to
provide funding for an expanded rehabilitation
project at the Bakersfield Senior Center, fund
new playground equipment in Central Park,
fund the Senior Home Access program, expand
the description for the use of the funds
allocated for the Friendship House and
reclassify surplus down payment assistance
funds that were previously reserved for the
Cottages and Baker Street Homebuyer
assistance to provide funds for construction
assistance to Baker Street for new rental
housing.
Councilmember Weir announced he would abstain
due to conflict of interest, source of income, on item
8.b.; and on item 8.k. due tofinancial interest.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
AB CARSON
Calendar items 8.a. through 8.w.
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Bakersfield, California, October 7, 2009 - Page 9
9. CLOSED SESSION 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 -
KCSC Case No, S-1500-CV-262272-WDP
2. Dow Chemical Co., et al v. Cal Water &
City - San Mateo County Superior Court
Case No. CIV 470999.
b. Conference with Legal Counsel - Potential
Litigation; Initiation of litigation pursuant to
subdivision (c) of Government Code Section
54956.9. (One potential case)
Assistant City Clerk Gafford announced a
correction to item 9.a.2., which should read "City v.
Dow Chemical Co., et al".
Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED
Session at 5:47 p.m. AB CARSON
Motion by ~ Councilmember Weir to adjourn from APPROVED Closed Session at 7:10 p.m. AB CARSON
RECONVENED MEETING - 7:14 p.m.
10. CLOSED SESSION ACTION
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
2. City v. Dow Chemical Co., et al - San CITYATTORNEY
Mateo County Superior Court Case DIRECTED TO
No. CIV 470999. FINALIZE THE
SETTLEMENT AS TO
b. Conference with Legal Counsel - Potential FMC CORPORATION
Litigation; Initiation of litigation pursuant to
subdivision (c) of Government Code Section GIVEN DIRECTION
IO
54956.9. (One potential case) GEN
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Bakersfield, California, October 7, 2009 - Page 10
11. CONSENT CALENDAR HEARINGS ACTION TAKEN
None.
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12. HEARINGS
a. Public Hearing to consider Resolution setting RES 114-09
Domestic Water Availability Fee for
Ashe, Fairhaven and Riverlakes Ranch service
areas of the City Water System.
Water Resources Manager Core made staff
comments.
Hearing opened at 7.18 p.m.
No one spoke.
Hearing closed at 7.18 p.m.
APPROVED
Motion by Vice-Mayor Scrivner to adopt the AB CARSON
Resolution.
13. REPORTS
a. Status of Thomas Roads Improvement Program
(TRIP) and Road Resurfacing/Rehabilitation lei
Projects.
Public Works Director Rojas made a powerpoint
presentation.
In response to a question by Councilmember
Sullivan, City Manager Tandy advised the
media will be contacted regarding the
progress being made on this project.
b. Update regarding American Recovery and
Reinvestment Act (ARRA)/Neighborhood
Stabilization Program (NSP) Projects.
Administrative Analyst Teglia made a
powerpoint presentation regarding ARRA,
followed by Economic Development Director
Kunz, regarding Neighborhood Stabilization
Program Projects.
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Bakersfield, California, October 7, 2009 - Page 11
14. DEFERRED BUSINESS ACTION TAKEN
None.
15. NEW BUSINESS
a. 2010 Health Care Agreements:
1. Amendment No. 1 to Agreement AGR 08-162(1)
No. 08-162 with Anthem Blue Cross for
indemnity health insurance.
2. Amendment No. 1 to Agreement AGR 08-163(1)
No. 08-163 with Anthem Blue Cross HMO
for medical insurance.
3. Amendment No. 1 to Agreement AGR 08-164(1)
No. 08-164 with Anthem Blue Cross Senior
Secure for medical insurance.
4. Amendment No. 5 to Agreement AGR 05-417(5)
No. 05-417 with Kaiser Permanente -
Managed Care Health Plans for medical
insurance.
5. Amendment No. 5 to Agreement AGR 05-418(5)
No. 05-418 with Kaiser Permanente -
Managed Care Health Plans for medical
insurance for retirees.
6. Amendment No. 4 to Agreement AGR 05-419(4)
No. 05-419 with Medical Eye Services
(MES) for vision insurance.
7. Amendment No. 4 to Agreement AGR 05-420(4)
No. 05-420 with Pacific Union Dental for
pre-paid dental insurance.
8. Agreement with Metropolitan Life AGR 09-133
Insurance Co. for fee for service dental
services.
9. Amendment No. 4 to Agreement AGR 05-422(4)
No. 05-422 with PacifiCare Behavioral
Health of California for Employee
Assistance Program (EAP).
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10. Amendment No. 4 to Agreement AGR 05-423(4)
No. 05-423 with PacifiCare Behavioral
health of California for emotional health
care insurance.
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15. NEW BUSINESS continued ACTION TAKEN
Item 15,a, continued
11. Amendment No. 3 to Agreement AGR 06-337(3)
No 06-337 with Fort Dearborn Life
Insurance Co. for employee life
insurance.
12. Amendment No. 2 to Agreement AGR 08-019(2)
No. 08-019 with HealthComp, Inc. for
employee un-reimbursed medical
expenses and dependent care expenses
under IRS Section 125,
Human Resources Manager Lozano made staff
comments.
Motion by Vice-Mayor Scrivner to approve the APPROVED
agreements. AB CARSON
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Couch referred to the Legislative and
Litigation Committee the issue of alarm permits and
collection of the fees.
Councilmember Couch referred to the Personnel
Committee the issue of offering better life insurance for
employees to purchase.
Councilmember Couch asked staff to look at the issue
of having a designation for Taff Highway similar to that
which is on Seventh Standard Road with regard to
wider setbacks and traffic signal limitations.
Councilmember Sullivan asked staff to repair a deep
pothole on Akers Road south of Ming.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:04 p.m.
MA R In ity of ersfi d, CA
ATTEST:
CITY CLERK and Ex Officio Cl r of
the Council of the City of Baker field