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HomeMy WebLinkAbout06/22/05 CC MINUTES 1 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 2 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 3 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 4 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 5 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. 6 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 7 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). 8 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). 10 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 11 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 12 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 13 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 14 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 15 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. 16 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: , "¡'Î" .J LI, f i CITY CLERK and Ex Officio C the Council of the City of Bakers -