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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 1274 Bakersfield, California, October 19, 2011 - Page 2 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 1276 Bakersfield, California, October 19, 2011 - Page 4 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 1277 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 1278 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 1279 Bakersfield, California, October 19, 2011 - Page 7 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. 1280 Bakersfield, California, October 19, 2011 - Page 8 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 1281 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. 1283 Bakersfield, California, October 19, 2011 - Page 11 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. 1284 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) 1285 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. 1287 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 1288 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. 1289 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 1290 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. 1291 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 1292 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. 1293 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 ****THIS PAGE INTENTIONALLY LEFT BLANK****