HomeMy WebLinkAbout01/27/10 CC MINUTESAM
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 27, 2010
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 (seated after 5:54 p.m.), Hanson,
Sullivan
Absent: None.
Mayor Hall announced that public comments on the
tow truck services issue, New Business Item 15.a., will
be heard at the time the City Council considers the
matter, and anyone wishing to speak on that item
needs to fill out a Speaker's Card and submit it to the
City Clerk.
2. INVOCATION by Dr. Lawrence Corcoran, Central
Baptist Church.
3. PLEDGE OF ALLEGIANCE by Connor Tennison, 3rd grade
student at Panama Elementary School,
Mayor Hall recognized the students in attendance at
the meeting to learn about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to
Della Hodson, President /Chief Professional
Officer, United Way of Kern County, declaring
January 29, 2010 as Earned Income Tax Credit
Awareness Day.
Ms. Hodson accepted the Proclamation and
made comments.
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Bakersfield, California, January 27, 2010 - Page 2
5. PUBLIC STATEMENTS ACTION TAKEN
a. Bill Lind spoke regarding Item 8. o., and asked
that it be taken off the Consent agenda, and
expressed his opposition to federal involvement
in local government issues.
b. Jose Lopez Quirarte spoke regarding towing.
C. Ricky Sedeno spoke regarding the new Nascar
facility and the Kern High School District.
d. Marvin Dean spoke regarding the 3rd Annual
San Joaquin Valley Regional Conference,
provided an update on the Conference,
submitted written material; and supported
expanding the tow service contractors' list.
a. Rerouting of residential refuse and greenwaste
collection routes.
Solid Waste Director Barnes made staff
comments and provided a computer
presentation.
b. League of California Cities Initiative to Protect
Local Government Revenue Sources.
Hilary Baird, with the League of California Cities,
spoke regarding a proposed ballot measure,
the Taxpayer and Transportation Act of 2010, to
protect revenues from being taken or stolen
by State government.
7. APPOINTMENTS
None.
S. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the January 13, 2010
Regular City Council Meeting.
Bakersfield, California, January 27, 2010 - Page 3
8. CONSENT CALENDAR continued
Payments:
b. Approval of department payments from
December 22, 2009 to January 14, 2010
in the amount of $22,444,064.95 and self -
insurance payments from December 22,
2009 to January 14, 2010 in the amount of
$460,981.47.
Ordinances:
C. Adoption of Ordinance amending Municipal
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
Terrace 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. (FR 1113110)
Resolutions:
d. Resolution vacating Resolution No. 032 -07,
which approved General Plan Amendment
No. 06 -2022, and vacating Ordinance No. 4413,
which approved concurrent Zone Change
No. 06 -2022, at to APN 172- 020 -016.
e. Resolutions approving applications proposing
proceedings for annexation of uninhabited
territory to the City:
Annexation No. 623 consisting of 1,597.73
acres, located on the west side of Santa
Fe Way, between Seventh Standard and
Kratzmeyer roads, east of Greeley Road
(future alignment).
2. Annexation No. 625 consisting of 793.26
acres, located west of Renfro Road,
between Kratzmeyer and Reina roads,
east of Nord Avenue.
ACTION TAKEN
ABS WEIR
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RES 007 -10
RES 008 -10
RES 009 -10
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Bakersfield, California, January 27, 2010 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
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 the demolishment of
dangerous buildings and authorize collection of
the assessments by the Kern County Tax
Collector.
g. Resolution approving the Bakersfield Area
Urban Area Security Initiative (UASI) Charter.
h. Resolution in support of the Local Taxpayer,
Public Safety and Transportation Protection
Act of 2010.
Agreements:
Transportation Impact Fee Agreement with
S & S Homes of the Central Coast, Inc. (Impact
Fee credit not to exceed $216,211) for street
construction improvements on Hosking Avenue
east of Wible Road and west of SR99 (adjacent
to Tracts 6095 and 6226).
Agreement with BLC Glenwood- Gardens AL
L.P. ($6,400) to purchase real property located
at future on ramp at Calloway Road for
Westside Parkway. (TRIP)
k. Cooperative Agreement with the State of
California Department of Transportation for the
relinquishment of Rosedale Highway between
State Route 99 and Verdugo Lane. (TRIP)
Amendment No. 1 to Agreement No. 07 -414
with Acclamation Insurance Management
Services, Inc. (AIMS) (not to exceed $321,059)
for Workers' Compensation administration
services.
M. Amendment No. 3 to Agreement No. 07 -416
with Krazan & Associates, Inc. (time extension
only) for material testing services for various
construction projects.
RES 010 -10
RES 011 -10
RES 012 -10
AGR 10 -009
AGR 10 -010
AGR 10 -011
AGR 07- 414(1)
AGR 07- 416(3)
Bakersfield, California, January 27, 2010 - Page 5
8. CONSENT CALENDAR continued
n. Amendment No. 2 to Agreement No. PW08 -189
with J. Garcia Trucking ($25,000; revised not to
exceed $65,000) for trucking services from
Mt. Vernon Greenwaste Facility to the County
Landfill.
o. Amendment No. 1 to Agreement No. 09 -092
with Padre Hotel, L.P. ($0; revised not to exceed
$1,800,000) to modify installment and interest
payment due dates to City of Section 108 Loan.
P. Crossroads Commercial Center Project located
north of Panama Lane to Hosking Avenue, west
of Gosford Road:
Amendment No. 1 to Agreement
No. 08 -014 with RBF Consulting ($10,000;
revised not to exceed $132,610) for
preparation of an Environmental Impact
Report (EIR).
2. Appropriate $10,000 (developers'
contribution) to the Development
Services Operating Budget in the
General Fund for the EIR consultant.
q. Amendment No. 2 to Agreement No. 07 -085
with Stinson's Stationers, Inc. ($350,000; revised
not to exceed $700,000) extending the term for
one year to the annual contract for office
supplies.
Contract Change Order No. 2 to Agreement
No. 09 -065 with Kern Pacific Construction
($54,543.51; revised not to exceed $874,849.76)
for Sewer Improvements Project located at
McCutcheon Road from WWTP III to Ashe Road,
and Ashe Road from 450' north of McKee Road
to McCutcheon Road.
ACTION TAKEN
AGR 10 -012
AGR 09- 092(1)
AGR 08- 014(1)
AGR 07- 085(2)
AGR 09 -065
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Bakersfield, California, January 27, 2010 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
Bids:
Sale of Surplus Glock 22 generation 2 pistols:
1. Accept bid for purchase of 27 Glock
pistols to Gunarama Wholesale, Inc.
($12,809.22).
2. Appropriate $25,017 revenue from the
sale of surplus of 93 Glock 22
generation 2 pistols to the Police
Department Operating Budget within
the General Fund.
t. Mill Creek Phase 5B Sewer Lift Station:
Accept bid and award contract to HPS AGR 10 -013
Mechanical, Inc. ($243,857) for the
construction of the Mill Creek Phase 5B
Sewer Lift Station Project.
2. Appropriate $30,000 Old Town Kern
Redevelopment Project Area Fund
Balance to the Economic and
Community Development Department's
Capital Improvement Budget for this
project.
U. Accept bid and award contract to KLM AGR 10 -014
Construction Inc. ($67,945) for pier cap
strengthening on the Beale Avenue Bridge over
the Union Pacific Railroad.
Miscellaneous:
V. Appropriate $641,945 Other Agency Share of
project costs from North Kern Water Storage
District to the Public Works Department's
Capital Improvement Budget within TRIP Local
Match Fund for the Westside Parkway Phase II
Project. (TRIP)
W. Appropriate $40,000 Capital Outlay Fund
Balance to the Economic & Community
Development Department Capital
Improvement Budget within the Capital Outlay
Fund for construction of the Mill Creek Linear
Park Project Phases 2, 4, 5A & 5B.
8.
9.
Bakersfield, California, January 27, 2010 - Page 7
CONSENT CALENDAR continued ACTION TAKEN
X. California Emergency Management Agency
(Cal EMA):
1. Accept State grant ($205,000) for
hazardous materials equipment.
2. Appropriate $205,000 State Grant
Revenue to the Fire Department General
Fund Operating Budget.
Y. Appropriate $99,000 from California Emergency
Management Agency and USDA Forest Service
to the General Fund Fire Department Operating
Budget for reimbursement for personnel costs
on mutual aid assignments.
City Clerk Gafford announced a correction to staff
recommendation, which should read "Staff
recommends adoption of Consent Calendar items
8.a. through 8.y."
Councilmember Weir announced he would abstain
due to conflict of interest, source of income to himself,
on item 8.b.
Motion by Vice -Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8. y. AB COUCH
CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. (Two matters)
City Clerk Gafford announced that due to a
typographical error, the Closed session should read as
follows: 'Item a. Conference with Legal Counsel -
Potential Litigation; Closed session pursuant to
subdivision (b)(1)(3)(A) of Government Code Section
54956.9. (Three matters)"
Motion by Vice -Mayor Scrivner to adjourn to Closed APPROVED
Session at 5:53 p.m. AB COUCH
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 7.50 p.m.
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Bakersfield, California, January 27, 2010 - Page 8
RECONVENED MEETING AT 7:58 p.m.
ACTION TAKEN
Motion by Councilmember Benham to advance the APPROVED
New Business item up on the calendar to be heard
immediately, followed by items 12. and 13.
15. NEW BUSINESS
a. Resolution regarding Tow Truck Services.
Staff recommends adoption of Resolution which would rely
upon the California Highway Patrol standards and list as the
qualifying criteria for the City tow rotation list, effective
July 1, 2010,
Administrative Analyst Teglia gave a powerpoint
presentation.
Police Chief Williamson made staff comments.
City Manager Tandy made staff comments.
Motion by Councilmember Hanson to refer the tow APPROVED
truck issue to the Budget and Finance Committee. NOES WEIR
Mayor Hall announced public comment will be
allowed tonight on this matter, with 15 minutes for
each side and a 5- minute rebuttal period.
Bernie LeBeau, attorney for the law firm of LeBeau,
Thelen; Nancy Barnett, owner of Barnett's Towing;
Trice Harvey, and Dr. Scott McHone spoke in
opposition to the staff recommendation.
James R. Cady, owner of Ten West Towing; Robert
Ring, representing the Bakersfield Towing Association;
Christina Huff, owner of Payless Towing; Ruben
Villegas, representing Jim's Towing; Scott Rice,
representing Commercial Towing; Joe Ahrens, owner
of Ten Eight Towing; John Coulter, with John Boy's
Towing; Ray Tavakoli, with Louie's Towing 2; Randall
Davis, owner of Joe's Tow; Justin Lopez, representing
GM Towing; and Larry Moxley spoke in support of the
staff recommendation.
Recess taken from 8:42 p.m. to 8:55 p.m.
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Bakersfield, California, January 27, 2010 - Page 9
10. CLOSED SESSION ACTION ACTION TAKEN
a. Conference with Legal Counsel - Potential (1) DIRECTION GIVEN TO
Litigation; Closed session pursuant to CITY ATTORNEY'S OFFICE
subdivision (b)(1)(3)(A) of Government Code (2) DIRECTION GIVEN TO
Section 54956.9. (Three matters) CITY ATTORNEY'S OFFICE
(3) NO REPORTABLE ACTION
11. CONSENT CALENDAR HEARINGS
None.
12. HEARINGS
a. Hearing regarding adoption of Resolution RES 013 -10
making findings and updating the Capital
Improvement Plan for the Metropolitan
Bakersfield Habitat Conservation Plan.
Building Director Burns made staff comments.
Hearing opened at 8:58 p.m.
No one spoke.
Hearing closed at 8:58 p.m.
Motion by Vice -Mayor Scrivner to adopt the APPROVED
Resolution. AB BENHAM
13. REPORTS
a. Status /Update on Westside Parkway
Construction. (TRIP)
Public Works Director Rojas made a presentation.
b. Mid Year Budget Report and
Adjustments. (City Manager)
Staff recommends approval of the budget changes
and fund transfers.
City Manager Tandy made a presentation.
Motion by Vice -Mayor Scrivner to approve the APROVED
recommended budget changes and fund transfers. AB BENHAM
14. DEFERRED BUSINESS
None.
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15.
Bakersfield, California, January 27, 2010 - Page 10
NEW BUSINESS
a. Resolution regarding Tow Truck Services.
Staff recommends adoption of Resolution which
would rely upon the California Highway Patrol
standards and list as the qualifying criteria for the
City tow rotation list, effective July 1, 2010.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Hanson asked staff to arrange for a
recognition ceremony at Fire Station 14 to make the
residents aware of the facility, and he will buy the
cookies.
Councilmember Hanson asked staff to respond to an
e -mail he received regarding street lamps.
Vice -Mayor Scrivner asked the City Attorney to draft
language for a proposition that could go on the June
ballot for the voters to make a change to the City's
pension plan for new hired employees, which would
reduce the safety pension for new hires at 2% at 50
and for the non -safety blue and white unit at 2% at 55,
to become effective at the current contract ending
December of 2011; he would like the proposition to
explicitly state it would require a vote of the people to
ever increase the retirement rates again; and
recommended a special meeting between now and
February 17th, which would include a Closed Session
that would allow the Council and staff an opportunity
to discuss the proposed proposition and all the issues
that could be surrounding that, with the understanding
that it would take a simple majority vote of the Council
to send it to the voters of the entire City, and then a
simple majority vote of the voters to approve the
proposition.
Vice -Mayor Scrivner expressed his concerns about
the traffic backing up at the Panama Lane and SR 99
Interchange and asked staff to report back with what
can be done to remedy that in the short term, as well
as what are the long term plans from Caltrans.
Councilmember Weir expressed his disappointment
that the tow service issue did not get resolved this
evening.
ACTION TAKEN
MOVED FORWARD
ON THE AGENDA
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Bakersfield, California, January 27, 2010 — Page 11
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Sullivan asked staff to look at an
eyesore on the east side of Wible Road between Planz
and Wilson to determine if there is an inexpensive,
practical way to improve that situation and respond
back to her with the recommendation.
Councilmember Sullivan announced that January is
National Mentoring Month, and she acknowledged
two local mentoring nonprofits: Stay Focused for
adolescents, and Garden Pathways Family to Family
Mentoring for adolescents and families.
Councilmember Sullivan mentioned that tomorrow
morning, January 28th, is the Bakersfield Prayer
Breakfast.
Councilmember Hanson announced he will return
from vacation on February 13th.
Councilmember Couch announced he had
paperwork and a check that he needed to leave with
the City Attorney.
Councilmember Couch advised he received a letter
regarding exterior water service line protection and
inquired if it was legitimate.
Councilmember Couch advised he received a
letter regarding pit bull attacks.
Councilmember Couch asked police department staff
to take a look at the protestors on the sidewalk next to
the building at Stockdale and Buena Vista who are
being really loud and disruptive to customer, and he
asked the City Attorney to report back as to where
someone's rights to peacefully protest end, and
where does the free speech argument stop and when
does someone become a nuisance or a hindrance to
business or the general public.
Councilmember Couch mentioned that the tow truck
issue is a policy that is complicated and deserves
Council's attention.
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Bakersfield, California, January 27, 2010 - Page 12
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Couch asked staff to meet with staff
of Kern Delta Water District and North Kern Water
District, along with their respective board members,
to discuss the proposed settlement principles that
would end up getting more water down the river, and
he would like to have this item on the Water Board
agenda for March 17th.
Councilmember Couch made comments regarding
the proposed measure and suggested it include for
new hires only that they would pay 100% of the EPMC
and research what the 1.6 %, or lowest, benefit is for
new hires and look at adding a 401 K option that
employees could have with a possible city match.
17. ADJOURNMENT
Mayor Hall adjou
ATTEST;
.. 46&1-1
CITY CLERK and Ex O Clerk of
the Council of the City of Bakersfield