HomeMy WebLinkAbout10/19/11 CC MINUTES1273
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 19, 2011
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Couch,
Councilmembers Salas, Weir, Hanson,
Sullivan, Johnson
Absent: Councilmember Benham
City Clerk Gafford announced staff has requested Consent
Calendar item 8.n.1., Agreement with Central Valley
Occupational Medical Group, be removed; and
recommends approving item 8.n.2.
2. INVOCATION by Reverend Antonio Alfred, St. John
Missionary Baptist Church.
3. PLEDGE OF ALLEGIANCE by Breanna Duncan, 7th
grade student at Stockdale Christian School.
Mayor Hall acknowledged Boy Scout Troop 113 from Our
Lady of Perpetual Help in attendance to earn a badge in
citizenship and community work; and the students from the
Bakersfield College Political Science class in attendance at
the meeting to learn about City government.
4. PRESENTATIONS
None.
5. PUBLIC STATEMENTS
a. Austin Lewis, Rogelyn Paligutan, Christina
Teixeira, Rob Foster, and Elan Snella (from
Bethel Christian School), Jeff Taylor, and Sung
Jung spoke regarding the High Speed Rail
project, and recommended relocating the
proposed route to outside of Bakersfield.
ACTION TAKEN
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5. PUBLIC STATEMENTS continued ACTION TAKEN
b. Anil Mehta, M.D., spoke in opposition to the
High Speed Rail project and submitted written
material.
C. Koko Lilian Carboyan spoke regarding making
a $500 donation to children in the community.
d. Ruben and Diane Mironowski spoke regarding
Woodmere Extension and El Tango Reception
Hall, thanked Mayor Hall and Councilmember
Sullivan for attending the ribbon cutting/grand
opening ceremony, and submitted written
material.
e. Bob Smith, with Bike Bakersfield, thanked City
staff, and Councilmembers Sullivan and
Johnson for attending the Bicycle Master Plan
informational workshop yesterday, and
requested that the City move forward with a
BTA compliant bicycle master plan immediately
so as to best integrate the Metropolitan area
with the County bicycle master plan, which
begins work next week.
f. Jeremy Wright spoke regarding the death of
Trevian Avila at the hands of a police officer.
6. WORKSHOPS
None.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 28, 2011
Regular City Council Meeting.
Payments:
b. Receive and file department payments from
September 16, 2011 to October 6, 2011 in the
amount of $20,023,710.73 and self-insurance
payments from September 16, 2011 to
October 6, 2011 in the amount of $422,703.53,
totaling $20,446,414.26.
111-15
Bakersfield, California, October 19, 2011 - Page 3
8.
CONSENT CALENDAR continued
Ordinances:
C. First Reading of Ordinance amending Title 17 of
the Bakersfield Municipal Code by changing
the zoning from P (Parking) and R-1 (One Family
Dwelling) to C-2 (Regional Commercial) on a
0.44-acre portion of an existing shopping center
site located south of Brundage Lane
approximately 400 feet west of the intersection
of Roosevelt Street and South Oleander
Avenue. (ZC # 11-0230 - Kern Land Design
representing Y. & R. Lamlaor and W. & R.
Johnson).
Resolutions:
d. Resolution approving the destruction of certain
obsolete City records, documents, instruments,
books and papers, pursuant to Section 34090
et seq. of the Government Code. (Finance
Department)
e. Resolution determining hearings will be held to
consider future Resolutions of Necessity to
acquire properties for the Thomas Road
Improvement Program projects. (TRIP)
f. Resolutions approving applications proposing
proceedings for annexation of uninhabited
territory to the City:
1. Annexation No. 635 consisting of
17.33 acres located south of Olive Drive,
between Knudsen Drive and Landco
Drive (future alignment).
2. Annexation No. 556 consisting of 65.26
acres located, west of Stine Roads
along the north and south side of
Taft Highway.
g. Resolutions to add territories to the
Consolidated Maintenance District and
preliminarily approving, confirming and
adopting the Public Works Director's Reports
and authorizing collection of assessments by
the Kern County Tax Collector:
ACTION TAKEN
FR
RES 091-11
RES 092-11
RES 093-11
RES 094-11
lj k
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8. CONSENT CALENDAR continued ACTION TAKEN
Item 8,g, continued
Area 1-89 (NW corner of Reina Road and RES 095-11
Old Farm Road)
2. Area 2-48 (6465 Ming Avenue) RES 096-11
3. Area 4-103 (4485 Buck Owens Boulevard) RES 097-11
4. Area 4-104 (3001 Buck Owens Boulevard) RES 098-11
5. Area 4-105 (3700 Chester Avenue) RES 099-11
h. Sewer connection fee assessments;
Resolution confirming assessments for RES 100-11
sewer connection fee and authorizing
the collection of assessment by the Kern
County Tax Collector.
2. Agreements to pay sewer connection
fee in installments through the Kern
County taxes and a notice of special
assessment lien will be placed on the
property.
a. Julian B. & Gaudalupe R. Adame AGR I1-113
for 3105 Terrace Way.
b. Alexandria Perea for 3109 Terrace AGR 11- 114
Way.
Resolution setting rates and equipment REMOVED FOR
specifications for tow truck services provided SEPARATE
CONSIDERATION
pursuant to contract with City.
Resolution adopting a policy regarding audit RES 101-11
reporting practices and selection of audit firms.
(Budget and Finance Committee)
k. Resolution of support for the Westside Parkway RES 102-11
Phase 6 application to the U.S. Department of
the Transportation Grants for National
Infrastructure Investments, or "TIGER
Discretionary Grant", Program.
J
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Bakersfield, California, October 19, 2011 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
Wastewater Revenue Bond 2007 Series B
Variable Rate Bonds:
Resolution authorizing the use of excess RES 103-11
revenues in the Wastewater Treatment
Fund (not to exceed $19,000,000) to
redeem a portion of the Wastewater
Revenue Bonds, Series 2007 B; and
2. Appropriate $18,730,000 Wastewater
Enterprise Fund balance to the debt
service budget within the Wastewater
Enterprise Fund for early redemption of
variable rate Wastewater Revenue
Bonds Series B; and
3. Appropriate $270,000 Wastewater
Enterprise Fund balance to the debt
service budget within the Wastewater
Enterprise Fund to facilitate the
replacement of current liquidity provider
(Dexia) and associated remarketing of
the remaining $25,000,000 balance of
variable rate Wastewater Revenue
Bonds Series B; and
4, Agreement with Kutak Rock LLP (not to AGR 11-115
exceed $85,000) for bond counsel
services associated with the
replacement of liquidity provider and
associated remarketing of the
Wastewater Revenue Bonds Series
2007 B; and
5. Agreement with Goodwin Procter LLP AGR 11-116
(not to exceed $77,500) for disclosure
counsel services associated with the
replacement of liquidity provider and
associated remarketing of the
Wastewater Revenue Bonds Series
2007 B; and
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Bakersfield, California, October 19, 2011 - Page 6
8.
CONSENT CALENDAR continued
Item 8.1. continued
ACTION TAKEN
6. Authorize the Finance Director to take
other actions necessary to facilitate the
prompt replacement of current liquidity
provider (Dexia) and associated
remarketing of the Wastewater Revenue
Bonds Series 2007 B (not to exceed costs
of $107,500). (Budget and Finance
Committee)
Agreements:
M. 2012 Healthcare Agreements;
1. Amendment No. 1 to Agreement
No. 10-133 with Anthem Blue Cross for
PPO health insurance for eligible
employees.
2. Amendment No. 1 to Agreement
No. 10-134 with Anthem Blue Cross for
PPO health insurance for eligible retired
employees.
3. Amendment No. 1 to Agreement
No. 10-135 with Anthem Blue Cross for
HMO medical insurance for eligible
employees.
4. Amendment No. 3 to Agreement
No. 08-164 with Anthem Blue Cross Senior
Secure for medical insurance for
Medicare eligible retired employees.
5. Amendment No. 7 to Agreement
No. 05-417 with Kaiser Permanente -
Managed Care Health Plans for medical
insurance for eligible employees.
6. Amendment No. 1 to Agreement
No. 10-136 with Kaiser Permanente -
Managed Care Health Plans for medical
insurance for eligible retired employees.
7. Amendment No. 1 to Agreement
No. 10-137 with Kaiser Permanente -
Managed Care Health Plans for medical
insurance for Medicare eligible retired
employees.
REMOVED FOR
SEPARATE
CONSIDERATION
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8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.m. continued
fir. 8.
Agreement with Kaiser Permanente -
Managed Care Health Plans for a high
deductible health plan for eligible
employees.
9.
Agreement with Kaiser Permanente -
Managed Care Health Plans for a high
deductible health plan for eligible retired
employees.
10.
Amendment No. 1 to Agreement
No. 10-138 with Medical Eye Services
(MES) for vision insurance for eligible
employees.
11.
Amendment No. 1 to Agreement
No. 10-139 with Medical Eye Services
(MES) for vision insurance for eligible
retired employees.
12.
Amendment No, 1 to Agreement
No. 10-140 with Pacific Union Dental for
pre-paid dental insurance for eligible
employees.
13.
Amendment No. 1 to Agreement
No. 10-141 with Pacific Union Dental for
pre-paid dental insurance for eligible
retired employees.
14.
Amendment No. 2 to Agreement
No. 09-133 with Metropolitan Life
Insurance Co, for dental insurance for
eligible employees.
15.
Agreement with Optum Health of
California for emotional health care
insurance for Employees Assistance
Program (EAP).
16.
Agreement with Optum Health of
California for emotional health care
insurance for eligible employees.
17.
Agreement with Optum Health of
California for emotional health care
+
insurance for retired employees.
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8. CONSENT CALENDAR continued
Item 8.m. continued
18. Amendment No. 5 to Agreement
No, 06-337 with Fort Dearborn Life
Insurance Co. for eligible employee life
insurance,
19. Amendment No, 4 to Agreement
No. 08-019 with HealthComp, Inc. for any
employee un-reimbursed medical
expenses and dependent care expenses
under the IRS Section 125.
n. City Physician Services Agreements:
Agreement with Central Valley
Occupational Medical Group, Inc. (not
to exceed $100,000 annually).
2. Agreement with Vernon C. Sorenson,
M.D., dba, Memorial Occupational
Medicine (not to exceed $100,000
annually).
o. Agreement with Kern Charter Service, Inc.
($10,500 with 3% annual escalation
clause) for annual ground lease of new
Southwest Hangar Project.
P. Amendment No. 1 to Agreement No. 09-017
with the State of California Department of
Transportation to widen Rosedale Highway
between State Route 99 and Allen
Road (TRIP).
q. Annual contract for elevator maintenance:
1. Amendment No.l to Agreement
No. PW11-123 with ThyssenKrupp Elevator
Corp. (adding $20,000, for a total not to
exceed $60,000) to fund elevator repairs.
2. Appropriate and transfer $20,000 Capital
Outlay Fund balance to the Finance
Department Operating Budget within
the Off Street Parking Fund for elevator
repairs.
ACTION TAKEN
REMOVED BY
STAFF
AGR I1-122
AGR 11-123
AGR 09-017(1)
AGR 11-127
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Bakersfield, California, October 19, 2011 - Page 9
8.
CONSENT CALENDAR continued ACTION TAKEN
Amendment No. 1 to Agreement No. WR10-014 AGR 11-128
with Gene Bogart ($40,000, for a total not to
exceed $80,000 and extend term two years) to
provide technical assistance to the Water
Resources Department.
S. Environmental Impact Report Processing for the
Kern River Flow Project;
1. Amendment No.l to Agreement AGR 10-154(1)
No. 10-154 with Horizon Water and
Environment, LLC ($60,000, for a total not
to exceed $660,000) to broaden the
scope of services in the processing of the
EIR.
2. Appropriation of $30,000 from the
Domestic Water Fund Balance and
$30,000 from the Agricultural Water Fund
Balance to the Water Resources Capital
Improvement Budget to fund the
amendment to the El R.
t. 24th Street Improvement Projects (TRIP);
Amendment No. 2 to Agreement AGR 07-224(2)
No. 07-224 with RBF Consulting,
($215,248; revised not to exceed
$2,705,907) for Engineering Design
Services for the 24th Street Widening
Project.
2. Amendment No. 2 to Agreement
No. 07-225 with RBF Consulting, AGR 07-225(2)
($111,905; revised not to exceed
$2,124,226) for Engineering Design
Services for the Oak and 24th Street
Improvement Project.
Bids:
U. Accept bid from Pierce Manufacturing, Inc.
($799,950.19), for one Mobile Command
Unit for the Fire Department.
V. Accept bid from McPeek's Dodge of Anaheim REMOVED FOR
($186,348.58) for ten replacement midsize SEPARATE
sedans for the Wastewater Division and Police CONSIDERATION
Departments.
kll 1282
Bakersfield, California, October 19, 2011 - Page 10
8. CONSENT CALENDAR continued ACTION TAKEN
W. Accept bid from 3 Way Automotive Group
($95,371.46) for four replacement 4-door
Police administration sedans.
X. Accept bid from 3 Way Automotive Group
($75,538.57) for two replacement 2-wheel
drive utility vehicles pickups for the Fire
Department.
Y. Accept bid from Dell Marketing L.P. ($67,740.48)
for Juniper switches and power supply for the
Information Technology Division.
Z' Accept bid and approve contract with RM AGR 11-124
Industries ($50,400) for annual janitorial services
at the Amtrak Station.
AGR 11-125
aa. Accept bid and award contract to Brown and
Fowler Construction, Inc. ($1,076,390), for
construction of two domestic water well pump
house facilities: CBK 53 located within Tract
6328 in the vicinity of Panama Ln. and Mountain
Vista Dr., and CBK 55 located within Tract 6329
in the vicinity of Harris Road and Old River
Road.
Miscellaneous:
bb. Certified Unified Program Agency Electronic
Reporting Grant:
Approve State Grant Agreement
AGR 11-126
($70,494) with the California
Environmental Protection Agency.
2. Appropriate $70,494 State Grant
Revenue to the California Unified
Program Agency Fund Operating
Budget for the purchase of computers,
WIFI capabilities and interface with the
California Environmental Reporting
System.
cc. Appropriate $3,325,000 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.
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8. CONSENT CALENDAR continued ACTION TAKEN
dd. Appropriate $253,000 Federal Grant Revenues
to the General Fund Police Operating Budget,
to fund the Kern Avoid the 18 DUI Campaign,
ee. Appropriate $514,677 Federal Grant Revenues
to the General Fund Police Operating Budget,
to fund the Selective Traffic Enforcement
Program.
ff. Appropriate $47,420 Federal Grant Revenues to
the General Fund Police Operating Budget, to
fund the "A Life Interrupted" Program,
gg, Revised job specifications for Firefighter
Trainee - # 32260 and Firefighter - # 32200.
Councilmember Johnson requested that item 8.v. be
removed for separate consideration.
Councilmember Salas requested that item 81 be
removed for separate consideration.
Vice-Mayor Couch requested that item 8.m. be
removed for separate consideration.
Motion by Vice-Mayor Couch to adopt Consent APPROVED
Calendar items 8.a. through 8.gg., with the removal of AB BENHAM
items 8.i., 8.m., and 8.v. for separate consideration,
and the removal by staff of item 8.n.1.
i. Resolution setting rates and equipment
specifications for tow truck services provided
pursuant to contract with City.
Motion by Councilmember Solos to continue Consent APPROVED
Calendar item 8.i. to the meeting of November 16, AB BENHAM
2011.
V. Accept bid from McPeek's Dodge of Anaheim
($186,348.58) for ten replacement midsize
sedans for the Wastewater Division and Police
Departments.
Councilmember Johnson asked staff to review the
feasibility of establishing o 5 percent bidder
preference policy like the County of Kern, and report
back to the City Council with its findings.
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Bakersfield, California, October 19, 2011 - Page 12
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.v. continued
Motion by Councilmember Sullivan to continue
Consent Calendar item 8.v. to the meeting of
November 16, 2011.
Motion by Vice-Mayor Couch to retract
Councilmember Sullivan's motion, reject all bids, have
the discussion about the policy, bring the policy back,
and put the item out to bid again.
m. 2012 Healthcare Agreements:
Amendment No. 1 to Agreement
No. 10-133 with Anthem Blue Cross for
PPO health insurance for eligible
employees.
2, Amendment No. 1 to Agreement
No. 10-134 with Anthem Blue Cross for
PPO health insurance for eligible retired
employees.
3. Amendment No, 1 to Agreement
No. 10-135 with Anthem Blue Cross for
HMO medical insurance for eligible
employees.
4. Amendment No. 3 to Agreement
No. 08-164 with Anthem Blue Cross Senior
Secure for medical insurance for
Medicare eligible retired employees.
5. Amendment No. 7 to Agreement
No. 05-417 with Kaiser Permanente -
Managed Care Health Plans for medical
insurance for eligible employees.
6. Amendment No. 1 to Agreement
No. 10-136 with Kaiser Permanente -
Managed Care Health Plans for medical
insurance for eligible retired employees.
7. Amendment No. 1 to Agreement
No, 10-137 with Kaiser Permanente -
Managed Care Health Plans for medical
insurance for Medicare eligible retired
employees,
RETRACTED
APPROVED
NOES WEIR, HANSON
AB BENHAM
AGR 10-133(1)
AGR 10-134(1)
DEFERRED TO NEXT
MEETING
AGR 08-164(3)
AGR 05-417(7)
AGR 10-136(1)
AGR 10-137(1)
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Bakersfield, California, October 19, 2011 - Page 13
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8,m, continued
8. Agreement with Kaiser Permanente - AGR 11-117
Managed Care Health Plans for a high
deductible health plan for eligible
employees.
9. Agreement with Kaiser Permanente - AGR 11-118
Managed Care Health Plans for a high
deductible health plan for eligible retired
employees.
10. Amendment No. 1 to Agreement AGR 10-138(1)
No. 10-138 with Medical Eye Services
(MES) for vision insurance for eligible
employees.
11. Amendment No. 1 to Agreement AGR 10- 139(1)
No. 10-139 with Medical Eye Services
(MES) for vision insurance for eligible
retired employees.
12.
Amendment No. 1 to Agreement
AGR 10-140(1)
No. 10-140 with Pacific Union Dental for
L
pre-paid dental insurance for eligible
employees.
13.
Amendment No. 1 to Agreement
AGR 10-141(1)
No. 10-141 with Pacific Union Dental for
pre-paid dental insurance for eligible
retired employees.
14.
Amendment 2 to Agreement No. 09-133
AGR 09-133(2)
with Metropolitan Life Insurance Co. for
dental insurance for eligible employees.
15.
Agreement with Optum Health of
AGR 11-119
California for emotional health care
insurance for Employees Assistance
Program (EAP).
16.
Agreement with Optum Health of
AGR 11-120
California for emotional health care
insurance for eligible employees.
17. Agreement with Optum Health of AGR 11-121
California for emotional health care
insurance for retired employees.
12 8 6 Bakersfield, California, October 19, 2011 - Page 14
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.m, continued
18. Amendment No. 5 to Agreement AGR 06-337(5)
No. 06-337 with Fort Dearborn Life
Insurance Co, for eligible employee life
insurance.
19. Amendment No. 4 to Agreement AGR 08-019(4)
No. 08-019 with HealthComp, Inc. for any
employee un-reimbursed medical
expenses and dependent care expenses
under the IRS Section 125.
Vice-Mayor Couch advised, with regard to item
8.m.3., that Anthem Blue Cross recently decided to
terminate its agreement with GEMCare IPA, and as a
result there are many doctors in that IPA who will no
longer be available to City employees unless those
doctors choose to move to another independent
practice association within the City's system; and
asked that Carolyn Spaeter, a representative of
Anthem Blue Cross of California and in attendance,
provide him the name of the individual at Anthem with
the authority to guarantee that GEMCare and its
doctors would be included in the City's plan for 2012.
In response to a question by Vice-Mayor Couch, City
Manager Tandy advised that due to the time-
consuming process involved in the formal collective
bargaining agreements and the cumbersome task of
negotiating insurance issues with multiple different
bargaining organizations, that imposing a condition
that approval is contingent upon the utilization of the
same doctors that were in the plan last year is outside
of what he considers to be the appropriate conduct
of the City to impose.
Tom Morrison, with The Segal Company, advised that
at the time that the City was advised of the
termination of the GEMCare IPA from the HMO plan,
the Insurance Committee was fully briefed on the
subject matter and given options of looking at other
plans that might re-include the GEMCare IPA into the
plan of benefits, and they expressed a unanimous lack
of interest in pursuing any of those additional paths to
include a new plan with the GEMCare physicians,
mostly because the PPO plan was still available to
active employees and retirees, and all of the
GEMCare physicians are in the Anthem PPO plan.
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Bakersfield, California, October 19, 2011 - Page 15
8. CONSENT CALENDAR continued
Item 8.m. continued
Vice-Mayor Couch encouraged Ms. Spaeter to take
the issue back to her superiors at Anthem to consider
including GEMCare for the calendar year of 2012.
Dr, Vincent Phillips, president of GEMCare IPA, made
comments and requested Council tell Blue Cross to
include GEMCare for 2012.
In response to a question by Councilmember Johnson,
Robert Severs, president and CEO of GEMCare, made
comments regarding staff's contact with Blue Cross
and GEMCare.
Councilmember Johnson suggested the City should
do more to make sure that it maintains a plan which
was presented by a provider. He put forward a
proposal to the City Council to continue this item, and
go back to Anthem one last time, through their CEO
and the Vice-Mayor, another Councilmember or the
Mayor, and demand that what Anthem presented to
the City in the first place is what should be delivered.
Motion by Councilmember Johnson to continue this
item, and bring it back for a special meeting in order
to allow time for staff to contact Anthem's CEO.
Councilmember Sullivan advised she would support
the motion and is in favor of putting this off until the
November meeting.
Councilmember Johnson clarified that his motion was
only for item 3.
Dr. Jorge Del Toro expressed his disappointment with
the manner in which this issue came about on such
short notice.
Councilmember Weir asked Councilmember Johnson
to withdraw his motion, and made a motion to defer
item 3 until the next meeting or until a special
meeting.
Councilmember Johnson advised he would like to
hear Councilmember Weir's proposal, however, he
was not willing to withdraw his motion at this time.
ACTION TAKEN
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Bakersfield, California, October 19, 2011 - Page 16
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8,m. continued
In response to a question by Councilmember Weir, Mr.
Morrison advised that he understood that there had
been continuing discussions between Anthem and
GEMCare over a long period of time.
In response to a question by Councilmember Weir,
Councilmember Johnson clarified his motion as
follows: to not vote on item 3, bring it back for a vote
at a special meeting, if necessary, and that City
staff do the due diligence and go up the food chain as
for as they need to with Anthem until we feel that
we've done everything we can to make sure that we
stood up for our employees, and specifically, that the
Vice-Mayor be included in that call and maybe a
Councilmember, or if a Councilmember is not
available, perhaps the Mayor.
Councilmember Weir stated he wanted to point out
that with the action in item cc., a little over $3 Million is
being put into the City's retiree health care trust, which
is a pretty remarkable feat, and he thanked the City
Manager's Office for their direction and focus on this
particular item.
Motion by Councilmember Weir to approve item m.,
excluding item 3.
Councilmember Salas advised he would support
Councilmember Johnson's motion to come back and
look at item 3 at either a special meeting or on
November 16th.
Councilmember Johnson advised he would accept a
friendly amendment from Councilmember Weir to
approve item m., exclude item 3, and then direct staff
prior to the next regular meeting, or a special meeting,
to arrange for the Vice-Mayor and an additional
Councilmember to sit in on a conference call with the
CEO of Anthem to try to mitigate and broker a deal to
continue with GEMCare.
Councilmember Weir agreed to the friendly
amendment.
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Bakersfield, California, October 19, 2011 - Page 17
8. CONSENT CALENDAR continued
Item 8.m. continued
Motion by Councilmember Weir to adopt Consent
Calendar Item 8.m., excluding item 8.m.3., and then
direct staff prior to the next regular Council meeting or
a special meeting, to arrange for the Vice-Mayor and
on additional Councilmember to sit in on a
conference call with the CEO of Anthem to try to
mitigate and broker a deal to continue with GEMCore.
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider a Resolution ordering
the vacation of an access easement located
at 2620 K Street, between 26th Street and 27th
Street. (Staff recommends adoption of Resolution.)
b. Public Hearing to consider the nomination of
the large city member from Kern County to the
San Joaquin Valley Air Pollution Control District
Governing Board.
1, Resolution Selecting Harold Hanson as
the Nominee for Appointment as the
Large City Representative from Kern
County to the San Joaquin Valley Air
Pollution Control District Governing
Board, (Staff recommends Council
determination.)
Consent Calendar Public Hearings opened at 6:55
p.m.
No one spoke.
Consent Calendar Public Hearings closed at 6:56 p,m.
Motion by Vice-Mayor Couch to adopt Consent
Calendar Public Hearings items 9.a. and 9.b., with
item 9.b. to include a motion to appoint
Councilmember Hanson to the San Joaquin Valley Air
Pollution Control District Board and approve the
Resolution.
10. CLOSED SESSION
None.
11. CLOSED SESSION ACTION
None.
ACTION TAKEN
APPROVED
AB BENHAM
RES 104-11
RES 105-11
APPROVED
AB BENHAM
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Bakersfield, California, October 19, 2011 - Page 18
12. HEARINGS
a. Public Hearing and First Reading of an
Ordinance amending Chapter 1.12 of the
Bakersfield Municipal Code revising the
boundaries of City Council Wards 1 through 7.
Planning Director Eggert provided a PowerPoint
presentation, made staff comments regarding
Concepts 1, 2, and 3; recommended adoption of
Concept 1, and recommended First Reading of the
Ordinance.
Hearing opened at 7:02 p.m.
Marvin Dean spoke in opposition to the staff
recommendation, as it relates to a major population
shift change in Ward 1, expressed his concerns that
there may be a violation of the Voting Rights Act,
made several suggestions for ward boundary
changes; and referenced a letter he had submitted
to the City Clerk for the Council earlier in the day.
No one else spoke.
Mayor Hall announced that the Hearing will remain
open and will be continued to the November 16th
regularly scheduled City Council Meeting.
Motion by Councilmember Hanson to accept Concept
1.
Vice-Mayor Couch suggested deferring action on this
item and asked the City Attorney to research the issue
brought up regarding a possible violation of the Voting
Rights Act.
Councilmember Hanson announced he would
withdraw his motion.
Vice-Mayor Couch suggested some changes in Wards
3, 4, and 5; and stated he would like the opinions of
Councilmember Weir and Councilmember Hanson, as
well as staff.
Motion by Vice-Mayor Couch to continue the Hearing
to the meeting of November 16, 2011.
ACTION TAKEN
WITHDRAWN
APPROVED
AB BENHAM
Recess taken from 7:50 p.m. to 7:59 p.m.
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Bakersfield, California, October 19, 2011 - Page 19
13.
REPORTS
ACTION TAKEN
14.
15.
16.
a. Report on Campus Park South Storm Sump
Improvements.
Public Works Director Rojas made staff comments and
introduced Assistant Public Works Director Underwood,
who provided a PowerPoint presentation, and
recommended acceptance of the report.
Councilmember Hanson thanked Castle & Cooke,
Meyer Civil Engineering, and City staff for their efforts
with this project.
Motion by Councilmember Hanson to accept the
report, and requested the authority to meet with the
community to obtain feedback.
DEFERRED BUSINESS
None.
NEW BUSINESS
None.
COUNCIL AND MAYOR STATEMENTS
Councilmember Weir thanked Public Works staff and
Assistant to the City Manager Smiley for their
assistance in resolving an issue with a development in
the northeast area.
Councilmember Salas thanked his online supporters.
Councilmember Salas thanked Recreation and Parks
staff for putting together the Good Neighbor Festival
last weekend and for attending the Town Hall Forum,
along with the Police Department, and he thanked
staff for working on Citizen's Forum that the City will be
hosting next month.
Councilmember Solos asked for a status report on a
request he had made at the last City Council meeting
regarding alleviating the traffic problem at Pouley
School on Planz Road.
Councilmember Hanson commented on the savings
issue with the unfunded liability and thanked
Councilmember Weir and Vice-Mayor Couch for the
efforts of the Personnel Committee in bringing about
this great victory.
APPROVED
AB BENHAM
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Bakersfield, California, October 19, 2011 - Page 20
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Hanson commended Finance
Director Smith for his recommendations on Consent
Calendar item 81, regarding wastewater revenue
bond variable rate savings, which will save the City
millions of dollars over a period of time.
Councilmember Johnson thanked Building Director
Burns for helping with an issue several weeks ago, and
Police Chief Williamson and staff for their assistance
with the Valley Plaza issue.
Councilmember Johnson requested that staff meet
with Mr. Smith of Bike Bakersfield regarding the items
that will enable the City to qualify for additional
funding that we currently do not qualify for,
specifically with becoming BTA compliant in order to
qualify for grant funds from the Biking Master Account
through the State of California.
Councilmember Sullivan welcomed Andy Heglund to
his new position in the City Attorney's Office.
Vice-Mayor Couch announced he would like to speak
to City Manager Tandy and Water Resources Manager
Chianello after the meeting.
Vice-Mayor Couch requested that the Fire Chief and
Water Resources Manager meet with Mr. Price from
the newspaper, in response to a recent editorial about
not much being done at the Kern Power Plant, and
bring him current with the operations that are going on
there, as well as the demolition.
Vice-Mayor Couch advised he had some information
to pass along to the members of the Housing Incentive
Task Force, a final resolutions report from the League
of Cities to pass along to staff; a couple of letters
regarding high speed rail for staff to respond to, and
some miscellaneous items just for information.
Vice-Mayor Couch referred to the Legislative and
Litigation Committee to have a discussion regarding
the City's e-mail retention policy and identify the law
that applies to that for possible action by the Council.
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Bakersfield, California, October 19, 2011 - Page 21
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Vice-Mayor Couch advised that while the City is
focused on saving money on the variable rate bonds
and unfunded liabilities, the federal government is
focused on a bill called the DIAPER (Diaper Investment
and Aid to Promote Economic Recovery) Act that
would give away free diapers.
Councilmember Salas advised that he is trying to get
clarification at the State level regarding the e-mail
policy, and he will be happy to share that when he
receives it.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:21
ATTEST;
MAYOR of the
CITY CLERK and Ex Offic' lerk of
the Council of the City of akersfield
L, 1294
Bakersfield, California, October 19, 2011 - Page 22
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