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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. ii 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 `"ill RES 007 -10 RES 008 -10 RES 009 -10 883 � � r 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 CCO2 E25 rwrovil X4,0 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. aklm ,.. .• 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. iii 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. 890 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 831 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. 892 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