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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