HomeMy WebLinkAbout06/22/05 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 22, 2005
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None
2. PUBLIC STATEMENTS
3. WORKSHOP
4. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding the
following cases:
1. Eugene Jackson v. City, et al.
2. Greg Moore v. City, et al.
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)( 1 )(3)(A) of Government Code
Section 54956.9 (2 cases).
Motion by Vice-Mayor Maggard to adjourn to Closed
Session at 5:18 p.m.
APPROVED
Motion by Councilmember Couch to adjourn from
Closed Session at 6:25 p.m.
APPROVED
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Bakersfield, California, June 22, 2005 - Page 2
RECONVENED MEETING - 6:20 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Council members Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None
6. INVOCATION by Reverend Jose Guerra, Living Hope
Baptist Church.
7. PLEDGE OF ALLEGIANCE by Lorena Salinas, 5th Grade
Student at Berkshire Elementary School.
8. CLOSED SESSION ACTION
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding the
following cases:
1. Eugene Jackson v. City, et al.
2. Greg Moore v. City, et al.
Conference with Legal Counsel - Potential
Litigation: Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9 (2 cases).
9. PRESENTATIONS
a.
b.
a. Presentation by Mayor Hall of Certificates to
Number 1 Ranked Graduates in the Kern High
School District.
Mayor Hall recognized the following students and
presented them with certificates:
· Kelly Hodges, Daniel Lau and Emily Sayles -
Bakersfield High School
· Colin Haynes, Tommy Lewis and Paul
Ricketts - Centennial High School
· Niles A. Dhanens, Michael D. King, Jr. and
Zachary M. Smith - East High School
· Kerri Munn - Foothill High School
· Kassondra Guerra - Highland High School
· Heather Keldgord, Kevin Okarski, Guido
Pellegrini, Caroline Schrodt, Breananna
Sheahan and Christopher Smith - Liberty
High School
ACTION TAKEN
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
Bakersfield, California, June 22, 2005 - Page 3
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9.
PRESENTATIONS
Item 9.8. continued
· Jennifer Berry - North High School
· Daniela Sakamoto - Ridgeview High School
· Inderbir Singh - South High School
· Ryan Newbrough, Margaret Oran, Claudia
Shim, Jennifer Shuler, William Tran and Eric
Won - Stockdale High School
· Jennifer Heath - Vista West High School
· Jennifer Hart and Malori Musselman - West
High School
10. PUBLIC STATEMENTS
a. Michael Turnipseed, Kern County Taxpayers
Association, spoke regarding pension reform and
provided written material.
11. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 16, 2005 and June
6, 2005 Budget Meetings, and June 8, 2005 Regular
Council Meeting.
Payments:
b. Approval of department payments from May 27,
2005 to June 9, 2005 in the amount of
$6,577,293.85 and self insurance payments from
May 27, 2005 to June 9, 2005 in the amount of
$198,673.21.
Ordinances:
c.
Ordinance adopting a Negative Declaration and
amending Section 17.06.020 (Zone Map No. 123-
22) of the Municipal Code by changing the zoning
from an R-2 (Limited Multiple Family Dwelling) zone
to a C-2 (Regional Commercial) zone on 11,965
square feet, and from a C-2 zone to an R-2 zone
on 13.030 square feet generally located north of
Panama Ln., east of Ashe Rd. (File No. 05-0099).
ACTION TAKEN
FR
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Bakersfield, California, June 22, 2005 - Page 4
ACTION TAKEN
11.
CONSENT CALENDAR continued
Resolutions:
d.
Resolution determining that Police mobile data radio
equipment cannot be obtained through usual
bidding procedures due to the need to integrate into
the existing radio system infrastructure and
authorizing the Finance Director to dispense with
bidding therefore, not to exceed $72,000.00.
e. Compacting/washing equipment at Wastewater
Treatment Plant 2:
1.
Resolution determining that appropriate
compacting/washing equipment to process
grease from waste haulers at Wastewater
Treatment Plant 2 cannot be reasonably
obtained through usual bidding procedures
and authorizing the Finance Director to
dispense with bidding therefore and
purchase the "Vulcan Screenings Washing
Press model EWP 400/1200" from The
Coombs-Hopkins Company, not to exceed
$76,700.
2. Appropriate $8,500 Sewer Enterprise Fund
Balance to the Public Works Department's
Operating Budget.
f.
Resolution authorizing submission of application to
the U.S. Department of Housing and Urban
Development (HUD) for FY 2005 Economic
Development Initiative - Special Projects Grant for
$277.760.00.
g. Sewer Connection Fee Assessment:
1.
Resolution confirming assessment for sewer
connection fee and authorizing the
collection of assessment by the Kern County
Tax Collector.
2. Agreement with Irene Gallegos, 5200
Elysium Street, to pay sewer connection fee
in installments and notice of special
assessment lien.
RES 132-05
RES 133-05
RES 134-05
RES 135-05
AGR 05-220
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Bakersfield, California, June 22, 2005 - Page 5
11. CONSENT CALENDAR continued ACTION TAKEN
h. Resolution adopting the revised Breckenridge RES 136-05
Planned Drainage Area, approving the new fee
schedule, and making findings thereto.
i. Resolutions for Annexation Applications proposing
proceedings for annexation of territory to the City
identified as:
1. Annexation No. 473, consisting of 60.71 RES 137-05
acres of uninhabited land located west of
Calloway Drive, generally north of Snow
Road. (Ward 4 upon annexation)
2. Annexation No. 478, containing 97.35 acres RES 138-05
of uninhabited land located east of Calloway
Drive, generally north of Snow Road. (Ward 4
upon annexation)
3. Annexation No. 481, containing RES 139-05
approximately 127 acres of uninhabited land
located east of South Union Avenue, and
south of East Panama Lane. (Ward 1upon
annexation)
4. Annexation No. 488, consisting of 16.70 RES 140-05
acres of uninhabited land located generally
at the northwest corner of State Highway 99
and Taft Highway. (Ward 6 upon annexation)
5. Annexation No. 489, consisting of 1.68 acres RES 141-05
of uninhabited land located along the south
side of Rosedale Highway, west of EI Toro
Viejo Road, between Coffee Road and
Calloway Drive. (Ward 4 upon annexation)
6. Annexation No. 490, consisting of 1.90 acres RES 142-05
of uninhabited land located north of Brimhall
Road, generally between Verdugo Road and
Jewetta Avenue. (Ward 4 upon annexation)
j. Resolution in support of SB 34 which would prohibit RES 143-05
sex offenders from legally removing themselves
from the "Megan's Law" Sex Offender Website.
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Bakersfield, California, June 22, 2005 - Page 6
11.
CONSENT CALENDAR continued
k. Vantagecare Retiree Health Savings Plan:
1.
Resolution approving the Vantagecare
Retirement Health Savings Program for
employees in the Blue and White Collar
Employee Groups.
Resolution approving the Vantagecare
Retirement Health Savings Program for
employees in the Management Group.
2.
Agreements:
I.
Final Map and Improvement Agreements with
Lennar Homes of California, Inc., for Tract 6323 Unit
1 located north of Harris Road and east of Old River
Road.
Agreement with M. Green & Company LLC
($43,268.00) to perform full scope annual audit
of the 2004-05 Fiscal Year.
m.
n.
Agreements with U. S. Department of the Interior,
Bureau of Reclamation for grant of easement to
operate and maintain a sewer line across the Friant-
Kern Canal at Coffee Road/Rosedale Highway and
Brimhall Road east of Coffee Road
o.
Agreement with Castle & Cooke Commercial- CA,
Inc., to exchange real property located at the
southwest corner of Pacheco Road and Young
Street.
p.
Agreement with Praise Tabernacle Community
Family Center ($10,000.00 of CDBG funds)
for the design and construction of a wheelchair ramp
and ramp cover at 3540 L Street.
q.
Agreement with Kern Affordable Housing, Inc.
(KAH) ($300,000.00 HOME Investment Partnership
funds) for the rehabilitation of the Park Real
Apartment complex located at 414 Real Road.
ACTION TAKEN
RES 144-05
RES 145-05
AGR 05-221
AGR 05-222
AGR 05-223
AGR 05-224
AGR 05-225
AGR 05-226
DEED 6257
DEED 6259
AGR 05-227
AGR 05-228
DEED 6292
DEED 6293
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Bakersfield, California, June 22, 2005 - Page 7
11. CONSENT CALENDAR continued ACTION TAKEN
r. Allen Road Sewer Project:
1. Cooperative Agreement with County of Kern AGR 05-229
for street improvements in conjunction
with Allen Road Sewer Project.
2. Appropriate $500,000.00 County share to
the Capital Improvement Budget within
the Sewer Enterprise Fund (Wastewater
Treatment Plant No.3).
s. On-call civil engineering and survey agreement
amendments (extend contract periods):
1. Amendment NO.2 to Agreement No. 03-176 AGR 03-176(2)
with Mcintosh & Associates.
2. Amendment NO.2 to Agreement No. 03-177 AGR 03-177(2)
with Meyer Civil Engineering, Inc.
3. Amendment NO.2 to Agreement No. 03-178 AGR 03-178(2)
with QUAD KNOPF, Inc.
4. Amendment NO.2 to Agreement No. 03-179 AGR 03-179(2)
with Ruettgers & Schuler, Civil Engineers.
t. Outside Legal Services for Prosecution of
Misdemeanor Crimes Committed in the City:
1. Agreement with Kronick Moskovitz AGR 05-230
Tiedemann & Girard (not to exceed
$79,560.00) for legal services.
2. Agreement with Klein, DeNatale, Goldner, AGR 05-231
Cooper, Rosenlieb & Kimball (not to
exceed $79,560.00) for legal services.
u. Agreement with Kern Refuse Disposal (KRD) for AGR 05-232
collection of household bulky items (compensation
of $25.00 per call-in per household, limit of one call
per quarter).
v. Amendment No. 3 to Agreement No. 03-182 with AGR 03-182(3)
Krazan & Associates, Inc. to extend the period for
material testing services for various construction
projects (no change in not to exceed compensation
amounts).
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Bakersfield, California, June 22, 2005 - Page 8
11.
CONSENT CALENDAR continued
ACTION TAKEN
w.
Amendment NO.1 to Agreement No. 04-136 with
Kern Turf Supply Inc. to extend agreernent for
twelve (12) months ($65,000.00 increase, for a
revised not to exceed compensation amount of
$130,000.00) for Irrigation Parts & Supplies for the
Recreation and Parks Department.
AGR 04-136(1)
x. Environmental Impact Report (EIR) Preparation for
West Ming Project.
1. Amendment No.1 to Agreement No. 04-085 AGR 04-085(1)
with Michael Brandman & Associates in the
amount of $35,993.00 to prepare an EIR for
General Plan Amendment/Zone Change No.
03-1544.
2. Appropriate $35,993.00 developer's
contribution to the development fund for the
Development Services operating budget.
y. Amendment No.1 to Agreement No. 02-076 with AGR 02-076(1)
the Greater Bakersfield Convention and Visitors
Bureau (extends existing contractual conditions for a
period up to one year, on a month to month basis) to
provide convention and promotional services.
Amendment NO.1 to Agreement No. RP04-058 with AGR 05-233
z.
Valley Printers (not to exceed
$30,000.00) for printing of additional brochures.
Contract Change Order NO.1 to Agreernent No. 04- CC01 AGR 04-268
aa.
268 with Kern County Construction Inc., ($37,307.00
for a total contract amount of $883,078.00) for
construction of (3) concrete block pump houses,
installation of three deep well turbine pumps and
motors, three electrical panel boards, one generator,
one fuel tank and miscellaneous piping and
appurtenances for Ashe Water wells L-210, L-211,
and CBK-44 for the Water Resources Department.
bb. Contract Change Order NO.1 to Agreement No. 04- CC01 AGR 04-338
338 with S.C. Anderson, Inc. ($4,177.05, for a
revised amount of $2,799,177 .05) for the Park
at River Walk (Building Improvement Contract).
cc.
Contract Change Order NO.2 to Agreement No. 04-
339 with S.C. Anderson, Inc. ($20,091.17, for a
revised amount of $5,685,003.01) for the Park at
River Walk (Site Improvement Contract).
CC02 AGR 04-339
Bakersfield, California, June 22,2005 - Page 9 9
11. CONSENT CALENDAR continued ACTION TAKEN
Bids:
dd. Traffic Signal and Lighting System Installation:
1. Accept bid to award contract to A-C Electric AGR 05-234
Company ($96,097.00) for traffic signal and
lighting system installation at intersection of
Stockdale Hwy. at McDonald Way.
2. Transfer $25,000.00 Capital Improvement
Program Budget to this project within the
Gas Tax Fund.
ee. Traffic Signal Interconnect Installation - Part 2:
1. Accept bid to award contract for base bid AGR 05-235
and additive alternate no. 1 to Loop Electric
($345,158.00) for project.
2. Appropriate $401,925.00 Congestion
Mitigation and Air Quality Program funds to
the Capital Improvement Program within the
ISTEA Fund.
3. Transfer $52,075.00 Capital Improvement
Program Budget to this project within the
Gas Tax Fund.
ff. Mount Vernon Recycling Facility Loading Dock
Structure:
1. Accept bid and award contract to Granite AGR 05-236
Construction Co. ($265,880.00).
2. Transfer $200,000.00 various capital
improvement project savings to this project
within the Refuse Fund.
gg. Accept bid from Gibbs International ($230,455.48)
for two (2) additional dump trucks for the Streets
Division of Public Works.
hh. Accept bids from Lenovo Inc. ($245,495.25) and
Zones Corporate Solutions Inc. ($87,837.50) for IBM
ThinkCentre PC's and Monitors for the Information
Technology Division (total of bids, $333,332.75).
ii. Accept bids from Emergency Vehicle Solutions Inc.
($46,936.29) and Adamson Police Products
($673.69) for lightbars and sirens for the Police
Department (total of bids $47,609.98).
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Bakersfield, California, June 22, 2005 - Page 10
11.
CONSENT CALENDAR continued
jj.
Accept bid to award annual contract to Kay
Automotive (not to exceed $55,000.00) for
Automotive Batteries.
kk.
Award contracts to Tri-State Auction Systems and
C.H.P. Enterprises, Inc. dba Ken Porter Auctions to
sell surplus City personal property.
Miscellaneous:
II
Appropriate $59,000.00 from Office of Emergency
Services Revenue to the General Fund Fire
Department Operating Budget for reimbursement of
overtime and purchase of firefighter turnouts.
mm. Quitclaim of construction easement with David
Burns Finlinson, Harriet Ann Finlinson, and
Edith Zoe Finlinson, at Brimhall Road and Calloway
Drive.
nn. Authorize implementation of hotline for reporting
pothole locations.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 11.a. through 11.nn.
12. CONSENT CALENDAR HEARINGS
a.
Consolidated hearing to consider appeals by the
City Public Works Department of the Planning
Commission decision to approve extensions of
vesting rights for Tract 6087 Phase D, located south
of Ming Avenue, east of S. Allen Road (Developer:
Castle & Cooke) and Tract 6104, Phases 1 & 5,
located north of Panama Lane and east of Buena
Vista Road (Developer: Centex) and adoption of
resolution overturning the Planning Commission's
decision. (Engineer: Mcintosh & Associates).
b. Hearing to consider Resolution authorizing the
Housing Authority of the County of Kern to issue
rental housing bonds (not to exceed $6.5 million) for
the construction of the Greenfield Home
Development within the City.
Hearings opened at 6:50 p.m..
No one spoke.
Hearings closed at 6:51 p.m.
____H__._~···__ _,_~
ACTION TAKEN
AGR 05-237
AGR 05-238
AGR 05-239
DEED 6258
APPROVED
RES 146-05
RES 147-05
Bakersfield, California, June 22, 2005 - Page 11
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12.
CONSENT CALENDAR HEARINGS continued
Item 12.b. continued
Motion by Vice-Maggard to approve Consent Calendar
Hearings 12.a. and 12.b.
13. HEARINGS
a.
Hearing to consider Resolution establishing
domestic water rates for Ashe, Fairhaven and
Riverlakes service areas in the City Domestic Water
System for Fiscal Year 2005-06.
City Clerk McCarthy announced there were no
protests received.
Water Resources Manager Core made staff
comments.
Hearing opened at 6:54 p.m.
No one spoke.
Hearing closed at 6:54 p.m.
Motion by Vice-Mayor Maggard to adopt the Resolution.
b. Protest Hearing as required by Resolution of
Intention No. 1378 regarding the street landscaping
assessments for the Consolidated Maintenance
District.
1.
Resolution approving and adopting the
Public Works Director's report for the
Consolidated Maintenance District and the
2005-06 budget, confirming the street
landscaping assessments and authorizing
collection of assessments by the Kern
County Tax Collector. (Rates increase only
for new developments)
City Clerk McCarthy announced there were no
protests received.
Public Works Director Rojas made staff comments.
ACTION TAKEN
APPROVED
RES 148-05
APPROVED
RES 149-05
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Bakersfield, California, June 22, 2005 - Page 12
13.
HEARINGS continued
Item 13.b. continued
Hearing opened at 6:56 p.m.
No one spoke.
Hearing closed at 6:56 p.m.
Motion by Vice-Mayor Maggard to adopt the Resolution.
c. Protest Hearing as required by Resolution of
Intention No. 1379 regarding the park landscaping
assessments for the Consolidated Maintenance
District.
1.
Resolution approving and adopting the
Public Works Director's report for the
Consolidated Maintenance District and the
2005-06 budget, confirming the park
landscaping assessments and authorizing
collection of assessments by the Kern
County Tax Collector. (Rates increase only
for new developments)
City Clerk McCarthy announced there were no
protests received.
Public Works Director Rojas made staff comments.
Hearing opened at 6:58 p.m.
No one spoke.
Hearing closed at 6:59 p.m.
Motion by Vice-Mayor Maggard to adopt the Resolution.
d. Protest Hearing as required by Resolution of
Intention No. 1380 regarding the assessments
for nine (9) Traffic Signal Maintenance Districts.
1.
Resolution approving and adopting the
Public Works Director's report for nine (9)
Traffic Signal Maintenance Districts and the
2005-06 budgets, confirming the
assessments and authorizing collection of
assessments by the Kern County Tax
Collector.
ACTION TAKEN
APPROVED
RES 150-05
APPROVED
RES 151-05
Bakersfield, California, June 22, 2005 - Page 13
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13.
HEARINGS continued
Item 13.d. continued
City Clerk McCarthy announced there were no
protests received.
Public Works Director Rojas made staff comments.
Hearing opened at 7:00 p.m.
No one spoke.
Hearing closed at 7:00 p.m.
Motion by Vice-Mayor Maggard to adopt the Resolution.
e. Fiscal Year 2005-06 Budget:
1. Public Hearing to consider Resolutions
approving and adopting the FY 2005-06
Operating, Bakersfield Redevelopment
Agency and Capital Improvement Budgets.
a.
Resolution approving and adopting
the FY 2005-06 Operating and
Capital Improvement Budget for the
City.
Resolution approving and adopting
the FY 2005-06 Operating and
Capital Improvement Budget for the
Bakersfield Redevelopment Agency.
Resolution establishing the City
appropriations limit.
2. Budget Amendments:
b.
c.
a. Request by the Bakersfield
Symphony for contribution
($50,000.00 from Council
Contingency).
b. Funding of the broadcast of Planning
Commission meetings ($36,000.00
from Council Contingency).
ACTION TAKEN
APPROVED
RES 152-05
RES 153-05
RES 154-05
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Bakersfield. California, June 22, 2005 - Page 14
13.
HEARINGS continued
Item 13.6. continued
Staff comments by City Manager Tandy.
Hearing opened at 7:03 p.m.
No one spoke.
Hearing closed at 7:04 p.m.
Motion by Vice-Mayor Maggard to adopt Hearing item
13.e.1.
Motion by Vice-Mayor Maggard to approve funding for
Hearing item 13.e.2.
14. DEFERRED BUSINESS
a. Council Goals and Objectives.
Assistant City Manager provided an updated
overview.
Motion by Councilmember Couch to approve the
Council Goals and Objectives with amended language
to the guiding principals "to best utilize taxpayer
dollars, conduct good faith negotiations with all
the bargaining groups on all areas of personnel costs
(salaries and benefits) in an effort, over time to
achieve employee compensation packages with
elements similar to those found in the private sector. "
Amended motion by Councilmember Couch to approve
the Council Goals and Objectives with the additional
inclusion of the word "pensions" in the wording for the
guiding principals.
Amended by Councilmember Couch to approve the
Goals and Objectives with the exclusion of goal seven,
the inclusion of the words "pension and benefits
costs" in the guiding principals and bring goal seven
back to Council at the earliest possible time.
ACTION TAKEN
APPROVED
APPROVED
NO ACTION TAKEN
NO ACTION TAKEN
FAILED
NS CARSON, HANSON,
SULLIVAN, SCRIVNER
Bakersfield, California, June 22, 2005 - Page 15
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15.
COUNCIL AND MAYOR STATEMENTS
ACTION TAKEN
Councilmember Couch requested Mayor, Council and
staff reserve Saturday, November 19, 2005, to attend a
KernCOG conference of all County Supervisors and
members of all City Councils within the County in
an effort to arrive at unanimous position in support of
the Safe Roads initiative next year.
Councilmember Couch requested staff invite Mr.
Turnipseed, from Kern Taxpayers Association to
discuss the process of setting of water rates and
Consolidated Maintenance Districts fees.
Councilmember Couch requested staff review the need
for a crosswalk at Brimhall and Reddick or suggest
an alternative way for pedestrian traffic to cross
from the north to the south side of Brimhall at Liberty
Park.
Councilmember Couch requested staff evaluate traffic
at the intersections of Hageman and Allen Roads and
Truxtun Avenue and Coffee Road and take steps to
improve traffic flow during peak use hours.
Additionally staff to provide an update regarding the
grade separation project at Rosedale Highway over
the railroad tracks near Landco Drive.
Council member Couch thanked Steve Walker for work on
traffic signals on Brimhall Road.
Councilmember Scrivner requested staff check the
feasibility of producing bi-lingual brochures for the
Neighborhood Watch and Adopt-a-Wall Programs.
Coucilmember Carson thanked the Recreation and Parks
Department staff for assistance in opening the MLK spray
park.
Vice-Mayor Maggard asked when the Pothole Hotline will
become operational. City Manager Tandy responded.
Vice-Mayor Maggard requested staff bring to Council at
the July 2tf1' meeting, wording for Council Goal
number seven that captures the consensus of Council
and also indicates to employee groups that the entire
Council is eager and willing to work with the
employee groups.
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Bakersfield, California, June 22, 2005 - Page 16
15.
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Councilmember Sullivan requested information on how to
access the Pothole Hotline. Brad Underwood, Public
Works Operations Manager, responded.
Council member Sullivan congratulated Councilmember
Scrivner on his marriage last Saturday to Christina.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:33 p.m.
MAY~~
ATTEST:
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CITY CLERK and Ex Officio C
the Council of the City of Bakers
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