HomeMy WebLinkAbout01/13/10 CC MINUTES867
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 13, 2010
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m. ACTION TAKEN
Mayor Hall announced the towing issue will be
discussed at the January 27, 2010 City Council
Meeting, and indicated public speakers will still be
heard on this matter tonight.
Mayor Hall called upon City Manager Tandy who
announced the appointments of the new Chief of
Police Greg Williamson and City Clerk Roberta
Gafford.
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Couch, Hanson, Sullivan
Absent: None.
2. INVOCATION by Rabbi Shmuel Schlanger, with
Chabad of Bakersfield Synagogue.
3. PLEDGE OF ALLEGIANCE by Tristan Cook, 5th grade
student at Laurelglen Elementary School.
Mayor Hall recognized the Ridgeview High School
Government Class in attendance at the meeting to
learn about City government.
4. PRESENTATIONS
None.
5. PUBLIC STATEMENTS
a. Dolores Barton spoke in support of prayer at
City Council meetings.
V
Bakersfield, California, January 13, 2010 - Page 2
ACTION TAKEN
5. PUBLIC STATEMENTS continued
b. Robert Ring, of the law firm of Ring and Green,
representing 15 local independent tow
companies; Christina Huff, owner of Payless
Towing; and Ray Tavakoli, owner of Louis 2
Towing, spoke in support of modifying the
ordinance for Police towing in the City.
C. Rev. Wesley Crawford spoke regarding
enforcement of 1 -9 Federal Policy on private
contractors.
Councilmember Benham asked staff to respond
to Mr. Crawford's inquiry and make sure the
City is in compliance with all pertinent laws and
regulations.
d. Jose Quirarte spoke regarding a problem with
his ex- landlord.
Councilmember Sullivan asked staff to respond
to Mr. Quirarte's comments regarding the City's
responsibility as it relates to his problem.
e. Trice Harvey, representing the Bakersfield
Towing Companies Coalition, spoke in
opposition to modying the Police tow
contracts.
6. WORKSHOPS
None.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the December 16, 2009
Regular City Council Meeting.
Payments:
b. Approval of department payments from ABS WEIR
December 3, 2009 to December 21, 2009
in the amount of $18,317,847.28 and self -
insurance payments from December 3, 2009
to December 21, 2009 in the amount of
$211,690.20.
869
Bakersfield, California, January 13, 2010 - Page 3
8. CONSENT CALENDAR continued
ACTION TAKEN
Ordinances:
C. First Reading of Ordinance amending Municipal FR
Code Sections 1. 12.060 and 1. 12.040 by adding
Annexation No. 612 consisting of 14,017 square
feet, located at the northeast corner of Belle
Terraced and Fiorito Street to Ward 6 and
Annexation No. 618 consisting of 2.89 acres,
located on the west side of Allen Road, north of
Stockdale Highway to Ward 4.
d. Adoption of Ordinance amending the Official ORD 4611
Zoning Map in Title 17 of the Municipal Code by
changing the zone district from County A
(Exclusive Agriculture) to R -1 (One Family
Dwelling), R -2 (Limited Multiple Family Dwelling),
C -O (Professional and Administrative Office),
C -2 (Regional Commercial) and A (Agriculture)
on 783.21 acres located west of Renfro Road,
between Kratzmeyer and Reina roads, east of
Nord Avenue (ZC 09 -0591 - Tom Dee,
representing Western Properties). (FR 12116109)
e. Adoption of Ordinance amending the Official ORD 4612
Zoning Map in Title 17 of the Municipal Code by
changing the zone district from County A
(Exclusive Agriculture) to R -1 (One Family
Dwelling), R -2 (Limited Multiple Family Dwelling),
E (Estate) and C -2 (Regional Commercial) on
approximately 1,614 acres located on the west
side of Santa Fe Way, between Seventh
Standard and Kratzmeyer roads, east of
Greeley Road (future alignment) (ZC 09 -0609 -
Keith Gardiner, representing Rosedale Ranch
Farming Group, Gardiner Family LLC, and
Grimmway Enterprises, Inc.; the property
owners). (FR 12116109)
Resolutions:
f. Resolution authorizing the transfer of unclaimed RES 001 -10
money ($2,641.70) to the General Fund.
1.1
Bakersfield, California, January 13, 2010 -Page 4
CONSENT CALENDAR continued
g. Resolution regarding the use of Housing Set -
Aside Monies from the Downtown Bakersfield
and Southeast Bakersfield Redevelopment
Project Areas in the Old Town Kern - Pioneer
Redevelopment Project Area, and Making of
Benefit Findings in Connection Therein:
1. Appropriate $783,484 Downtown
Bakersfield Redevelopment Project Area
Low -Mod Fund Balance to the operating
budget within Low -Mod Fund,
2. Transfer $700,000 within the operating
budget of the Downtown Bakersfield
Redevelopment Project Area Low -Mod
Fund from the Downtown Downpayment
Assistance Program to the Baker Street
Village Project.
h. Resolution approving the application for Grant
Funds for the Transportation Enhancement
Program under U.S. Code, Title 23, Sections
104B(3) and 133D(2) to landscape a portion of
Stockdale Highway and to construct a bike
path at the Calloway Weir, and authorizing the
Public Works Director or Designee to execute all
necessary documents.
i. Resolution of Intention No. 1654 to order the
vacation of a sewer line easement located at
9628 Rosedale Highway.
Resolution determining that the City Manager,
Fire Chief, or Deputy Fire Chief are appointed
as agents authorized to execute any actions
necessary for the purpose of obtaining grants
from the California Emergency Management
Agency.
Agreements:
Agreement with the California State Historic
Preservation Officer regarding the
rehabilitation of historic properties affected by
use of revenue from the Department of Housing
and Urban Development Part 58 Programs.
Wastewater Division Settlement Agreement with
Bolthouse Farms ($622,821.27) for collection and
treatment of large unreported sewer
discharges.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
RES 003 -10
R011654
RES 004 -10
AGR 10 -001
AGR 10 -002
Bakersfield, California, January 13, 2010 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
M. Agreement with Old River Road, LLC (Impact
Fee credit not to exceed $230,813) for street
construction improvements on Old River Road
between Panama Road and McCutchen
Road, adjacent to Tract 6359.
n. Agreement with Pacific Gas and Electric Co.
($466,553) for relocation of electric distribution
facilities in conflict with the Westside Parkway
Phase 2 Project (TRIP).
o. Agreement with Kern High School District
($50,000) for use of aquatic facilities for
practice and swim meets.
P. License Agreement with Kern County Water
Agency (City to pay $1.00) for the City to cross
over the Cross Valley Canal siphon during the
construction of Westside Parkway. (TRIP)
q. Improvement Agreement with Kaiser
Permanente Medical Center ($3,299,725) to
construct two new roads and replace one road
on the perimeter of property located south of
the Arvin Edison Canal and east of Colony
Street.
r. Homelessness Prevention Services and Rapid
Re- Housing Services (HPRP):
Amendment No. 1 to Agreement
No, 09 -126 with Bethany
Services /Bakersfield Homeless Center to
allow for an advance ($20,000) of
funding for the Homelessness Prevention
Services.
2. Amendment No. 1 to Agreement
No. 09 -127 with Bethany
Services /Bakersfield Homeless Center to
allow for an advance ($20,000) of
funding for the Rapid Re- Housing
Services.
S. Amendment No. 1 to Agreement No. 09 -070 to
reimburse SMG the building rental cost
($10,000) for the Jehovah's Witnesses
Congregation's additional sixth weekend
convention held at Rabobank Arena.
AGR 10 -003
AGR 10 -004
AGR 10 -005
AGR 10 -006
AGR 10 -007
AGR 09- 126(1)
ABS COUCH
AGR 09- 127(1)
ABS COUCH
AGR 09- 070(1)
871
US 7?
8.
Bakersfield, California, January 13, 2010 - Page 6
CONSENT CALENDAR continued
t. HOME Investment Partnership Funds:
Amendment No. 1 to Agreement
No. 08- 160 /RA 08 -016 Assignment
Agreement with the Bakersfield
Redevelopment Agency for use of
federal HOME Investment Partnership
Funds ($1,000,000; revised not to exceed
$3,000,000) for a housing project located
within South Mill Creek with Chelsea
Investment Corporation.
2. Termination of Agreement
No. 05- 195/RA05 -002 and amendments
with the Bakersfield Redevelopment
Agency for the use and repayment of
federal HOME Investment Partnership
Funds ($3,681,619) for Old Town Kern
Baker Street Project.
U. Wastewater Treatment Plant No. 3 - 2007
Expansion Project:
Amendment No. 7 to Agreement
No. 04 -214 with Parsons Water and
Infrastructure ($53,300; revised not to
exceed $17,703,727) for additional
design services on the arterial roads
adjacent to the Wastewater Treatment
Plant No. 3 Expansion Project.
2. Transfer $53,300 from a budgeted
Capital Improvement Project
(Wastewater Treatment Plant No. 3
Arterial Roads) to another Capital
Improvement Project (Waterline
extension to Wastewater Treatment Plant
No. 3 from Ashe Road to Taft Highway)
within the Sewer Enterprise Fund to fund
this amendment.
V. Amendment No. 1 to Agreement No. 07 -132
with Parsons Transportation Group Inc.
($101,465.94; revised not to exceed
$2,951,215.76) for additional environmental and
engineering services on State Route 99 at
Hosking Avenue Interchange for Project
Approval and Environmental Documents
(PA &ED), and Plans, Specifications and
Estimate (PS &E).
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 04- 214(7)
AGR 07- 132(1)
Bakersfield, California, January 13, 2010 - Page 7
8. CONSENT CALENDAR continued
W. Amendment No. 2 to Agreement No. 08 -114
with Duane Morris, LLP ($200,000; revised not to
exceed $500,000) for outside legal services
concerning State Water Resources Control
Board, Reference No. KMB:A31674.
X. Amendment No. 2 to Agreement No. 03 -213
with the Greater Bakersfield Separation of
Grade District ($15,000; revised not to exceed
$232,000) for preliminary design and right of
way engineering for the Mohawk Street and
Burlington Northern and Santa Fe Railroad
separation of grade project. (TRIP)
Y. Contract Change Order Nos. 34, 37, 42, and 80
to Agreement No. 07 -304 with Security Paving
Construction ($131,247.36; revised not to
exceed $30,472,428.87) for the State Route 178
and Fairfax Road Interchange Project. (TRIP)
Z. Contract Change Order Nos. 1 through 4 to
Agreement No. 09 -075 with Griffith Company
(net cost decrease of $21,741.58; revised not to
exceed $3,875,353.13) for the Street
Improvements along Stockdale Highway from
Country Club entrance to Ashe Road and
Village Lane to Weatherly Drive Project.
aa. Contract Change Order No. 1 to Agreement
No. 09 -129 with Granite Construction
($67,074.10; revised not to exceed $682,582.10)
for the Pavement Rehabilitation 2009 CDBG -R
Project.
Bids:
bb. Accept bid from McPeek's Dodge of Anaheim
($96,739.34) for six replacement midsize sedans
for the Police Department and Fleet Services
Division.
CC. Accept base bid and additive alternates 1 and
2 and award contract to Community
Playgrounds, Inc. ($162,305) for the installation
of playground equipment at five City park
locations.
ACTION TAKEN
AGR 08- 114(2)
AGR 03- 213(2)
AGR 07 -304
CCO34, CCO37,
CCO42, CCO80
AGR 09 -075
CCO 1, CCO2,
CCO3, CCO4
AGR 09 -129
CC01
AGR 10 -008
873
871
Bakersfield, California, January 13, 2010 —Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
Miscellaneous:
dd. Appropriate contributions totaling $900 to the
Recreation and Parks Department Operating
Budget within the General Fund for the MLK
Community Center.
ee. Final Tract Map with Castle & Cook California,
Inc., for Tract Map 7166 Units 17 & 18 located
south of Ming Avenue and west of Gosford
Road.
ff. Acceptance of 2008 -09 Transportation
Development Act Funds Financial Statements
(refer to Budget and Finance Committee)
gg. Review and acceptance of the Fiscal Year
2008 -2009 Annual Compliance Report for Park
Impact Fees prepared in accordance with
California Government Code §66006.
hh. Review and acceptance of the Fiscal Year
2008 -2009 Annual Compliance Report for
Transportation Impact Fees prepared in
accordance with California Government
Code §66006.
ii. Review and acceptance of the Fiscal Year
2008 -2009 Annual Compliance Report for
Planned Sewer Area Fees prepared in
accordance with California Government
Code §66006.
jj. Review and acceptance of the Fiscal Year
2008 -2009 Annual Compliance Report for
Planned Drainage Area Fees prepared in
accordance with the California
Government Code §66006.
kk. Review and acceptance of the Fiscal Year
2008 -2009 Annual Compliance Report for
Bridge Crossing and Major Thoroughfare Fees
prepared in accordance with California
Government Code §66006.
ll. Revision to Miscellaneous Civil Service Rules &
Regulations Section 3.03A.
mm. City Council Goals Update.
8'"5
Bakersfield, California, January 13, 2010 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
City Clerk Gafford announced a hearing notice was
inadvertently mailed regarding item 8.1., and new
notices will be distributed for a hearing date to be set
for February 17, 2010, to be published and mailed to
the property owners.
Councilmember Weir announced he would abstain
due to conflict of interest, source of income to himself,
on item 8.b.
Councilmember Couch announced he would abstain
due to conflict of interest, board member, on item 8.r.
Councilmember Carson requested that items 8.g. and
8.t. be removed for separate consideration.
Motion by Vice -Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8.mm., with the removal
of items 8.g. and 8.t. for separate consideration.
g. Resolution regarding the use of Housing Set- RES 002 -10
Aside Monies from the Downtown Bakersfield
and Southeast Bakersfield Redevelopment
Project Areas in the Old Town Kern - Pioneer
Redevelopment Project Area, and Making of
Benefit Findings in Connection Therein:
1, Appropriate $783,484 Downtown
Bakersfield Redevelopment Project Area
Low -Mod Fund Balance to the operating
budget within Low -Mod Fund.
2. Transfer $700,000 within the operating
budget of the Downtown Bakersfield
Redevelopment Project Area Low -Mod
Fund from the Downtown Downpayment
Assistance Program to the Baker Street
Village Project.
At the request of Councilmember Carson,
Economic Development Director Kunz made
comments regarding Consent Calendar items
8.g. and 8.t.
Motion by Councilmember Carson to adopt APPROVED
Consent Calendar item 8.g.
8.
a
ANW,
Bakersfield, California, January 13, 2010 - Page 10
CONSENT CALENDAR continued
t. HOME Investment Partnership Funds:
Amendment No. 1 to Agreement
No. 08- 160 /RA 08 -016 Assignment
Agreement with the Bakersfield
Redevelopment Agency for use of
federal HOME Investment Partnership
Funds ($1,000,000; revised not to exceed
$3,000,000) for a housing project located
within South Mill Creek with Chelsea
Investment Corporation,
2. Termination of Agreement
No. 05- 195/RA05 -002 and amendments
with the Bakersfield Redevelopment
Agency for the use and repayment of
federal HOME Investment Partnership
Funds ($3,681,619) for Old Town Kern
Baker Street Project.
Motion by Councilmember Carson to adopt
Consent Calendar item 8.t.
CONSENT CALENDAR HEARINGS
a. Resolution ordering the vacation of a flowage
and drainage easement at the southeast
corner of the property located at 68 E. White
Lane, PM 11785. (Staff recommends adoption of
Resolution.)
b, Resolution approving a tax - exempt bond
financing by the California Statewide
Communities Development Authority to benefit
American Baptist Homes of the West
(Rosewood Retirement Community located at
1301 New Stine Road) and certain affiliates.
(Staff recommends adoption of Resolution.)
Consent Calendar Hearings opened at 5:50 p.m.
No one spoke.
Consent Calendar Hearings closed at 5:50 p.m.
Motion by Vice -Mayor Scrivner to adopt Consent
Calendar Hearing items 9.a. and 9.b.
ACTION TAKEN
AGR 08- 160(1)
APPROVED
RES 005 -10
RES 006 -10
877
Bakersfield, California, January 13, 2010 - Page 11
10. HEARINGS ACTION TAKEN
None.
11. REPORTS
None.
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Carson asked Police Department staff
to contact her.
Councilmember Sullivan referred to the Community
Services Committee the issue of revising the minimum
standards for medians in more established areas of the
City where there is no new construction, because the
standard is lower than it needs to be.
Councilmember Sullivan expressed her appreciation
for the City's efforts in experimenting with artificial turf
on the south Stine median,
Councilmember Sullivan mentioned she attended the
Maya Cinema for the first time and is very impressed
with the theater and the fact that Mr. Esparza, the
chairman of the cinema, was present in the lobby
greeting customers.
Mayor Hall offered congratulations to Police Chief
Williamson and City Clerk Gafford on their promotions.
Councilmember Benham asked staff to respond to
correspondence regarding a concern about an oil
production site.
Councilmember Benham asked for a report from the
Police Department regarding recent criminal activity
in the California Avenue area west of the freeway and
look at ways to make the area safer for the businesses
and residents.
C. 78
Bakersfield, California, January 13, 2010 - Page 12
15. 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. Sanders & McDaniel v. City - USDC Case
No. CV -F -04 -5541 AWI
2. Land Lot 1, LLC, et al v City - KCSC Case
No. S- 1500 -CV- 263357 WDP.
ACTION TAKEN
b. Conference with Legal Counsel - Potential PULLED
Litigation; Closed session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9, (One potential case)
C. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
d. Public Employee Performance Evaluation - City
Attorney; Closed session pursuant to
Government Code Section 54957(b)(1) /
54957.6.
Motion by Vice -Mayor Scrivner to adjourn to Closed APPROVED
Session at 5:57 p.m.
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 7:51 p.m.
RECONVENED MEETING AT 7:52 p.m.
16. 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. Sanders & McDaniel v. City - USDC Case
No. CV -F -04 -5541 AWI
2. Land Lot 1, LLC, et al v City - KCSC Case
No. S- 1500 -CV- 263357 WDP.
C. Conference with Labor Negotiator
pursuant to government Code Section 54957.6,
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
STAFF GIVEN
DIRECTION
879
Bakersfield, California, January 13, 2010 — Page 13
16. CLOSED SESSION ACTION continued
d. Public Employee Performance Evaluation - City
Attorney; Closed session pursuant to
Government Code Section 54957(b)(1) /
54957.6.
Vice -Mayor Scrivner announced the City
Attorney was given an excellent evaluation
and her service is appreciated.
17. ADJOURNMENT
Vice -Mayor Scrivner adjourned the meeting at
7:54 p.m.
ATTEST:
ACTION TAKEN
COMPLETED
FAVORABLE
EVALUATION
IL 4"-
CITY CLERK and Ex Of o Clerk of
the Council of the City of Bakersfield
880 Bakersfield, California, January 13, 2010 -Page 14
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