HomeMy WebLinkAbout10/08/03 CC MINUTES75
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
OCTOBER 8, 2003
City Council Chamber, City Hall, 1501 Truxtun Ave.
Pre-Meeting 5:15 p.m., Regular Meeting 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Hanson (seated at 5:20),
Sullivan (seated at 5:28), Salvaggio
Absent: None
2. WORKSHOP
None
3. PRESENTATIONS
None
4. CLOSED SESSION
Conference with Legal Counsel - Existing Litigation. Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9. Pauline Maxwell vs. City of Bakersfield,
Kern County Superior Court Case No. 248864 RJA
Closed Session pursuant to Government Code Section 54957
regarding employee negotiations Memorandum of
Understanding for the Firefighters and Engineers Unit of the
Fire Department of the City of Bakersfield and Memorandum
of Understanding for the Fire Supervisory Unit of the Fire
Department of the City of Bakersfield update.
Closed Session pursuant to Government Code Section 54957
regarding Public Employee Appointment/Employment - City
Attorney.
SEE PAGE 12
Motion by Councilmember Couch to recess to Closed Session
at 5:16 p.m.
Motion by Councilmember Maggard to recess from Closed
Session at 7:00 p.m.
APPROVED
APPROVED
Bakersfield, California October 8, 2003 - Page 2
REGULAR MEETING
1. INVOCATION by Bishop Bernard Wallace, Church of Christ Ministries.
PLEDGE OF ALLEGIANCE by Erica Stevens, 8th Grade Student at
Beardsley Jr. High School.
3. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Hanson, Sullivan, Salvaggio
Absent: None.
4. CLOSED SESSION ACTION
Conference with Legal Counsel - Existing Litigation. Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9. Pauline Maxwell vs. City of Bakersfield,
Kern County Superior Court Case No. 248864 RJA
Closed Session pursuant to Government Code Section 54957
regarding employee negotiations Memorandum of
Understanding for the Firefighters and Engineers Unit of the
Fire Department of the City of Bakersfield and Memorandum
of Understanding for the Fire Supervisory Unit of the Fire
Department of the City of Bakersfield update.
Closed Session pursuant to Government Code Section 54957
regarding Public Employee AppointmentJEmployment - City
Attorney.
5. PRESENTATIONS
Presentation by Mayor Hall of Proclamation to Jane Yadon,
Coordinator, Childhood Lead Poisoning Prevention Program,
proclaiming October 19-25, 2003, as "Childhood Lead
Poisoning Prevention Week".
ACTION TAKEN
NAT
NAT
Bakersfield, California October 8, 2003 - Page 3
PUBLIC STATEMENTS
None.
APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
Approval of minutes of Joint City/County meeting of
September 15, 2003 and Regular Council meeting of
September 24, 2003.
Payments:
Approval of department payments from September 12, 2003
to September 25, 2003 in the amount of $10,080,255.89 and
self insurance payments from September 12, 2003 to
September 25, 2003 in the amount of $127,135.90.
Ordinances:
First Reading of Ordinance adopting the Negative Declaration
and amending Section 17.06.020 (Zone Map No. 102-30) of
the Municipal Code by changing the zoning from an R-S 10A
(Residential Suburban - 10 acre minimum lot size) zone to an
E (Estate) zone on 9.93 acres located on the east side of
Jewetta Avenue, approximately 660 feet north of Brimhall
Road (File No. 03-0805).
First Reading of Ordinance amending Section 16.16.010 of
the Municipal Code relating to deletion of an obsolete
reference relating to tentative maps.
First Reading of Ordinance amending Sections 2.84.560 and
2.84.620 relating to Leaves of Absence for a period longer
than 180 days.
First Reading of Ordinance amending Section 10.28.010 of
the Municipal Code relating to one-way streets, designates
East 21st Street from King Street to Beale Avenue as a one-
way street, West to East.
ACTION TAKEN
FR
FR
FR
FR
g. Ordinance repealing Chapter 5.10 of the Municipal Code 0RD4151
relating to Ambulances.
Bakersfield, California October 8, 2003 - Page 4
CONSENT CALENDAR continued
Resolutions:
Resolution authorizing the application for grant funds and
participation in the California Public Utilities Commission's
2004-2005 Energy Efficiency Program.
Resolution determining that certain new or used vehicles for
public safety undercover work cannot be reasonably obtained
through the usual bidding procedures and authorizing the
Finance Director to dispense with bidding therefore, not to
exceed $135,500.00.
Resolution adding territory, Area 3-23 (Berkshire, Granite
Falls) to the Consolidated Maintenance District and confirming
the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern
County Tax Collector.
Resolution of Application proposing proceedings for
annexation of uninhabited territory to the City of Bakersfield
property identified as Annexation No. 452 located generally
north of the Kern River, along Mohawk and east of Coffee
Road.
Resolution calling for the Mayor's Primary Election, and
requesting consolidation with the County of Kern, for the State
of California Pdmary Election to be held Tuesday, March 2,
2004.
Resolution regarding Agreement No. 97-65 with Kern-Tech,
Inc. authorizing release of lien of equipment for a payment of
$32,235.OO.
Amendment No. I to Resolution No. 51-00 authorizing City
representatives to acquire Federal surplus property.
Agreements:
Agreement to Indemnify LAFCO for City Annexation No. 439,
Proceeding 1353, uninhabited territory located at the
northwest corner of Allen Road and Reina Road.
Agreement to Indemnify LAFCO for City Annexation No. 442,
Proceeding 1357, uninhabited territory located east of Oswell
Street, south of Zephyr Lane, generally south of State
Highway 58.
ACTION TAKEN
RES 180-03
RES 181-03
RES 182-03
RES 183-03
RES 184-03
RES 185-03
RES 51-00(1)
AGR 03-294
AGR 03-295
Bakersfield, Califomia October 8, 2003 - Page 5
CONSENT CALENDAR continued
Agreement with Delfino, LLC, a limited liability company to
purchase real property on Stockdale Highway approximately
300 east of Heath Road for $174,000.00 for the Westside
Parkway.
Agreement with Gregory D. Bynum & Associates Inc. to
purchase real property on Truxtun Avenue approximately 50
feet west of the Atchison Topeka and Santa Fe Railroad
Bddge for $7,000.00 land to be used as right of way for the
Westside Parkway.
Amendment No. 1 to Lease Agreement No. PW03-025 to
lease real property located at 5601 A Rosedale Highway for
the Westside Parkway.
Purchase Agreement and Lease Agreement with Donna Lynn
Barton for 58.32 acres located approximately 1/4 mile south
of Panama Lane and west of South Mount Vernon Avenue
extended for $233,280.00 for the Wastewater Treatment
Plant No. 2 Municipal Farm.
Ditch Eradication and Pipeline Easement Agreements with 1)
Tim Banks and Sharon Banks and 2) Donald G.
Wattenbarger and Connie R. Wattenbarger for contiguous
parcels located northeast of Snow Road and Calloway Drive.
Final Tract Map and Improvement Agreements with D. R.
Horton Los Angeles Holding Company, Inc. for Tract 6107,
Phase 2, located north of Hageman Road and east of
Calloway Drive.
Memorandum of Understanding with North Bakersfield
Recreation and Parks District for use of two (2) lighted fields
at the 40-acre park at Stockdale Highway and Buena Vista
Road.
Agreement with Bakersfield City Employees Credit Union for
license to locate ATM Machines at the Police Department and
Public Works Corporation Yard.
ACTION TAKEN
AGR 03-296
DEED 596'1
AGR 03-297
DEED 5957
AGR 03-298
AGR 03-299
A GR 03-300
DEED 5958
AGR 03-301
AGR 03-302
DEED 5959
DEED 5960
AGR 03-303
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 03-304
Bakersfield, California October 8, 2003 - Page 6
CONSENT CALENDAR continued
y. 2004 Health Care Contracts:
Amendment No. 11 to Agreement No. 93-267 with
Blue Cress of California for Indemnity Health and
Dental Services.
Amendment No. 10 to Agreement No. 93-266 with
Blue Cross/California Care Health Plans for Medical
Services.
Amendment No. 7 to Agreement No. 96-148 with Blue
Cross of California for the Medicare Risk Plan Senior
Secure.
Amendment No. 6 to Agreement No. 97-320 with
Kaiser Permanente Health Plans for Medical Services.
Amendment No. 6 to Agreement No. 97-321 with
Kaiser Permanente Health Plans for Medical Services
for Retirees.
Amendment No. 12 to Agreement No. 91-280 with
Dedicated Dental Systems, Inc. for pre-paid Dental
Services.
Amendment No. 11 to Agreement No. 92-278 with
Medical Eye Services and Security Life Insurance
Company for Vision Services.
Amendment No. 7 to Agreement No. 96-149 with
PacifiCare Inc. for the Medicare Risk plan Secure
Horizons for retirees.
Amendment No. 3 to Agreement No. 00-262 with
Pacific Union Dental for pre-paid Dental Services.
10.
Amendment No. 3 to Agreement No. 00-263 with
PacifiCare Behavioral Health of California for
Managed Mental Health Care.
11.
Amendment No. 4 to Agreement No. 96-220 with
PacifiCare Behavioral Health of California for
Employee Assistance Services.
ACTION TAKEN
AGR 93-267(I1)
AGR 93-266(10)
AGR 96-148(7)
AGR 97-320(6)
AGR 97-321(6)
AGR 91-280(12)
AGR 91-278(11)
A GR 96-149(7)
AGR 00-262(3)
AGR 00-263(3)
AGR 96-220(4)
Bakersfield, California October 8, 2003 - Page 7
CONSENT CALENDAR continued
Amendment No. I to Consultant Agreement No. 03-261 with
Pacific Engineering Associates, Inc. ($100,000.00) for Project
Management Services on various Capital Projects.
aa.
Amendment No. I to Agreement No. CA01-017 in an amount
not to exceed $15,000.00 (total contract of $40,000.00) with
Larry F. Peake of Wall, Wall & Peake for outside legal
services in the matter of O'Leary v. City of Bakersfield.
Bids:
bb.
Accept bids from Stewart Electric Supply Company
($65,976.42) U. S. Traffic Corporation ($24,026.21), 3M
Company ($18,352.30), McCain Traffic Supply ($5,265.76),
and GDI Communications ($3,519.77) for Traffic Signal
Equipment (total $117,140.46).
CC,
Accept bid from Econolite Control Products ($50,173.74) for
three (3) traffic vision detection systems for Public Works
Department.
dd.
Accept bid to award contract to Municipal Maintenance
Equipment ($598,756.76) to furnish and install nine (9) heavy
duty vehicle hoists at the City Corporation Yard.
es.
Accept bid from Fork Lift Specialties, Inc. ($42,528.92) for two
(2) additional 6,000 pound Fork Lifts for the Wastewater
Treatment Division of Public Works.
ff.
Accept bid from Thorp's Harley Davidson, Inc. ($126,413.31)
for seven (7) replacement police special motorcycles.
ACTION TAKEN
AGR 03-26t(1)
AGR CA01-017(1)
AGR 03-306
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
gg-
Accept bids from Downtown Ford ($428,914.82) for nineteen
(19) replacement Police Special Sedans.
REMOVED FOR
SEPARATE
CONSlDERATION
hh.
Accept bid from Griffith Company ($149,975.00) for
construction of the "Rio Vista Park Lake Pipeline Facilities" for
the Water Resources Department.
AGR 03-307
8o
Bakersfield, Califomia October 8, 2003 - Page 8
CONSENT CALENDAR continued
Miscellaneous:
ii.
Appropriate $1.75 million CalHFA loan proceeds to the
Southeast Project Area, Capital Improvement Budget within
the Operating Fund for land acquisition and development of
160 affordable housing units at Citywalk.
jj.
Appropriate $12,000.00 in contributions from Hall Ambulance
Service, Inc. for their share of the Traffic Preemption P, roject
within the Capital Outlay Fund.
Motion by Councilmember Couch to approve the Consent
Calendar items 8.a. through 8.jj., with removal of items w., ee.,
ff., and gg. for separate consideration.
Memorandum of Understanding with North Bakersfield
Recreation and Parks District for use of two (2) lighted fields
at the 40-acre park at Stockdale Highway and Buena Vista
Road.
Councilmember Couch requested this item be removed in order
to allow Parks and Recreation staff to meet with A YSO and
North of the River Recreation and Parks staff to review the issue
and report back to Council.
ee.
Accept bid from Fork Lift Specialties, Inc. ($42,528.92) for two
(2) additional 6,000 pound Fork Lifts for the Wastewater
Treatment Division of Public Works.
Motion by Councilmember Hanson to accept the bid.
Accept bid from Thorp's Harley Davidson, Inc. ($126,413.31)
for seven (7) replacement police special motorcycles.
Motion by Councilmember Hanson to accept the bid.
gg.
Accept bids from Downtown Ford ($428,914.82)for nineteen
(19) replacement Police Special Sedans.
Motion by Councilmember Hanson to accept the bid.
ACTION TAKEN
APPROVED
APPROVED
APPROVED
APPROVED
Bakersfield, California October 8, 2003 - Page 9
HEARINGS
Reopen public hearing and receive testimony to determine
whether the public interest and necessity require acquisition
by eminent domain of approximately 22 acres of real property
(portion of APN 436-054-02) located south of Alfred Harrell
Highway and west of Fair[ax Road for a buffer zone for the
Old Bakersfield Sanitary Landfill (Code of Civil Procedure
Section 1245.230, et seq.).
Staff comments by City Attorney Thiltgen and City Manager
Tandy.
Hearing re-opened at 7:29 p.m.
No one spoke.
Motion by Councilmember Maggard to continue the hearing to
the October 22, 2003 Council Meeting.
Continued public hearing to consider Resolution upholding
and modifying the decision of the Planning Commission
approving Vesting Tentative Tract Map 6148 and the Negative
Declaration, denying the appeals by the Sierra Club and Sage
Community Group, Inc.
Staff comments by Development Services Director Hardisty.
Hearing opened at 7:31.
No one spoke.
Motion by Councilmember Maggard to continue the hearing to
the November 5, 2003 Council Meeting.
Resolution upholding the decision of the Planning
Commission approving Vesting Tentative Tract Map 6191 and
the Negative Declaration, denying the appeal by the Sierra
Club (Ralph W. Miller, Trustee).
Correspondence was received from Darcy Larman on behalf
of Porter Robinson requesting the hearing be continued to the
November 5, 2003 Council Meeting.
Hearing opened at 7:32 p.m.
Motion by Councilmember Maggard to continue the hearing to
the November 5, 2003 Council Meeting.
ACTION TAKEN
APPROVED
APPROVED
APPROVED
10.
11.
12.
13.
Bakersfield, California October 8, 2003 - Page 10
REPORTS
None.
DEFERRED BUSINESS
None.
NEW BUSINESS
None.
MAYOR AND COUNCILSTATEMENTS
Councilmember Benham requested the Community Services
Committee review the condition of International Square and
make recommendations to Council.
Councilmember Benham requested the Legislation and
Litigation Committee review the enforceability of Bakersfield
Municipal Code 9.22.140 pertaining to excessive noise from
vehicles.
Councilmember Benham requested staff address a citizen's
request to abate debris at the California Avenue and Rosedale
Hwy. exits from Hwy. 99.
Councilmember Benham requested the City Attorney explore an
administrative action with the Public Utilities Commission in
order to compel repairs to the railroad fence behind BHS.
Councilmember Benham requested staff address a citizen's
complaint regarding traffic speed on F Street between 1't and 3~d
Streets; additionally, staff to analyze need for a crosswalk on H
Street near the new Albertson's.
Councilmember Benham thanked staff members Florn Core, Marc
Gauthier, Darnell Haynes, Donna Kunz, Donna Barnes, Jan Fulton,
George Gonzales and David Lyman for assistance provided during
community meetings regarding the Mill Creek Project.
Councilmember Benham announced the Homeless Shelter will be
receiving more convenient G.E.T. bus service and thanked Public
Works staff, City Manager Tandy, and G.E.T. for accomplishing the
goal.
Councilmember Maggard requested staff address the need for
a G.E.T. bus stop on Auburn nearer the Canyon Hills Assembly
of God Retirement Center.
ACTION TAKEN
13.
Bakersfield, California October 8, 2003 - Page 11
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Maggard provided information regarding the 'Home
Coming of Heros Parade' on Friday, October 10, 6:00 p.m., in honor
of those who served in Afghanistan and Iraq.
Councilmember Salvaggio requested staff contact Caltrans
Deputy District Director Mike Leonardo and check status on the
southbound auxiliary lane at the White Lane/Hwy. 99
Interchange.
Councilmember Salvaggio requested Code Enforcement notify
the owner of the building at White and Hughes Lanes, that
formerly housed Blockbuster Video; the property needs to be
cleaned up.
Councilmember Salvaggio requested Code Enforcement contact
the owner of the property at S. H Street and Custer regarding
cleaning property of yard sale.
Councilmember Salvaggio requested an update on his prior
request that staff analyze the location of the traffic light at
Monitor and Panama and whether the light might be better
placed if it were moved to the south; additionally, analyze
intersections to the south to determine need for traffic control
measures.
Councilmember Carson requested staff investigate if City has an
obligation to provide services to a property on E. White Lane.
Councilmember Carson announced the Franklin Graham Crusade will
be coming to Bakersfield next year.
Councilmember Hanson requested staff facilitate installation of
speed bumps in the Broad Oak neighborhood.
Councilmember Hanson requested an update on Fire Station 17,
Chief Fraze responded.
Councilmember Hanson made comments regarding preemption
devices.
Councilmember Sullivan requested staff contact County and
request facilitation of repair of the railroad crossing at Morning
Drive and Edison Hwy.
Councilmember Couch requested a monthly update on the White
Lane Interchange Project.
ACTION TAKEN
'86
13.
14.
Bakersfield, California October 8, 2003 - Page 12
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Couch requested information regarding the recycling
facility for construction and demolition debris.
Motion by Councilmember Couch adjourn back to closed
session at 7:52 p.m.
Vice-Mayor Couch reconvened the Council Meeting at 8:52 p.m.
CLOSED SESSION
c. Closed Session pursuant to Government Code Section 54957
regarding Public Employee Appointment/Employment - City
Attorney.
Vice-Mayor Couch reported that Council, by a six to zero vote
count, with Councilmember Carson absent, is offering the
position of City Attorney to Virginia Gennaro; subject to terms
to be negotiated and mutually agreed upon; and returned to
Council October 22, 2003 for approval.
ADJOURNMENT
Vice-Ma~e~ Couch adjourn e meeting at 8:30 p.m.
VI~E-MAYOR of the~ity of Bakersfield, CA
ACTION TAKEN
APPROVED
AB CARSON
ATTEST:
CITY CLERK and Ex Officio Cl~k of the
City of Bakersfield, California v