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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JULY 6, 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, Council members Benham,
Couch, Hanson, Scrivner
Absent:
Vice-Mayor Maggard, Councilmembers
Carson, Sullivan
2. PUBLIC STATEMENTS
None.
3. WORKSHOP
None.
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. Steven Shepard v. City
2. Lloyd Killebrew v. City, et al.
3. Steven David Rupe v. City, et al
4. John Nelson, et al v. City, et al
5. Pratt/Scudder 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).
Assistant City Clerk Gafford announce one case in
item 4.b. has been removed at the request of the
City Attorney.
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Bakersfield, California, July 6, 2005 - Page 2
Motion by Councilmember Couch to adjourn to Closed
Session at 5:18 p.m.
Motion by Councilmember Couch to adjourn from
Closed Session at 6:30 p.m.
RECONVENED MEETING - 6:35 p.m.
5. ROLL CALL
Present:
Mayor Hall, Councilmembers Carson,
Benham, Couch, Hanson, Sullivan, Scrivner
Absent:
Vice-Mayor Maggard
6. INVOCATION by Reverend H. Davison, St. Peter
Restoration Community Christian Ministries.
7. PLEDGE OF ALLEGIANCE by Vanessa Bravo, 4th Grade
Student at Rio Bravo Elementary School.
8. CLOSED SESSION ACTION
a.
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding the
following cases:
1. Steven Shepard v. City
2. Lloyd Killebrew v. City, et al.
3. Steven David Rupe v. City, et al
4. John Nelson, et al v. City, et al
5. Pratt/Scudder 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 (1
case).
9. PRESENTATIONS
b.
None.
ACTION TAKEN
APPROVED
AB MAGGARD
APPROVED
AB MAGGARD
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
Bakersfield, California, July 6, 2005 - Page 3
10.
PUBLIC STATEMENTS
a. Darrell Burgess and Rebecca Sanchez spoke
regarding the closure of the IRS Taxpayers
Assistance Center.
Councilmember Benham requested the Mayor's office,
on behalf of the City Council, compose letters to
Congressmen Thomas and Costa opposing the closure
of the IRS Taxpayers Assistance Center in
Bakersfield.
11. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the June 22, 2005 Regular
Council Meeting.
Payments:
b. Approval of department payments from June 10,
2005 to June 23, 2005 in the amount of
$12,755,687.88 and self insurance payments from
June 10, 2005 to June 23,2005 in the amount of
$206,052.44.
Ordinances:
c.
First Reading of Ordinance amending Chapter 15.32
of the Municipal Code relating to the 2004 California
State Electrical Code.
d.
Adoption of 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).
Resolutions:
e.
Resolution levying amended assessment amounts
for parcels located in Assessment District 04-3
(Solera/Rio Vista).
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. .
ACTION TAKEN
FR
ORD 4260
RES 155-05
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11.
Bakersfield, California, July 6, 2005 - Page 4
CONSENT CALENDAR continued
f.
Resolution confirming the approval by the Assistant
City Manager of the report of the Chief Code
Enforcement Officer regarding assessments of
certain properties in the City for which structures
have been secured against entry or for the
abatement of certain weeds, debris and waste
matter and authorize collection of the assessments
by the Kern County Tax Collector.
g.
Resolution adding territory, Area 3-33 (Harris, Old
River NE) 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.
h.
Resolution adding territory, Area 5-19 (Casa Loma,
Lotus SE) 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 Intention No. 1367 to add territory,
Area 5-17 (Berkshire, Hayden Hill) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
i.
j.
Resolution of Intention No. 1390 to add territory,
Area 1-55 (Allen, Noriega NW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
k.
Resolution of Intention No. 1391 to add territory,
Area 3-34 (Harris, Mountain Vista NE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
I.
Resolution of Intention No. 1392 to add territory,
Area 3-31 (Stine, McKee NW #2) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
ACTION TAKEN
RES 156-05
RES 157-05
RES 158-05
RO/1367
RO/1390
RO/1391
RO/1392
Bakersfield, California, July 6, 2005 - Page 5 21
11. CONSENT CALENDAR continued ACTION TAKEN
Agreements:
m. Final Tract Maps and Improvement Agreements with AGR 05-240
McMillin Tuscany, LLC, for Tract 6000 Phases 4 and AGR 05-241
6 located north of State Route 178 and east of
Alfred Harrell Highway.
n. Agreement with Clifford & Brown for outside legal REMOVED FOR
SEPARA TE
services concerning the Highway 99 and White CONSIDERA TION
Lane Interchange.
o. Workers' Compensation Cost Containment REMOVED FOR
SEPARATE
Agreements: CONSIDERA TION
1. Agreement with ComplQ (not to exceed
$150,000.00) for bill review services.
2. Agreement with Monitor Case Management
(not to exceed $70,000.00) for utilization
review services.
3. Agreement with Monitor Case Management
(not to exceed $35,000.00) for nurse case
management services.
p. On-call Engineering and Surveying Services for
non-federally funded Capital Improvement Projects
during Fiscal Years 2005-06 and 2006-07:
1. Agreement with Boyle Engineering (not to AGR 05-246
exceed $300,000.00).
2. Agreement with DMJM Harris (not to exceed AGR 05-247
$300,000.00).
3. Agreement with Harris & Associates (not to AGR 05-248
exceed $300,000.00).
4. Agreement with Meyer Civil Engineering (not AGR 05-249
to exceed $300,000.00).
5. Agreement with Parsons (not to exceed AGR 05-250
$300,000.00).
6. Agreement with T Y Lin (not to exceed AGR 05-251
$300,000.00).
7. Agreement with Willdan (not to exceed AGR 05-252
$300,000.00)
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11.
Bakersfield, California, July 6, 2005 - Page 6
CONSENT CALENDAR continued
q. Improvement Plan Checking Engineering Services:
1.
Design Consultant Agreement with Meyer
Civil Engineering, Inc. (not to exceed
$100,000.00) for improvement plan checking
engineering services.
2. Appropriate $60,000.00 additional General
Fund Improvement Plan Check Revenue
to the Public Works Department's Operating
Budget.
r. Environmental Impact Report for General Plan
Amendment/Zone Change 05-0519 (Ashe NO.4
Annexation) (Santa Barbara Capital):
1. Agreement with Santa Barbara Capital for
the preparation of an Environmental
Impact Report (EIR) and appropriate
$137,318.00 (developer's contribution) to the
Development Services Operating Budget in
the General Fund.
Agreement with RBF Consulting
($137,318.00) to prepare an EIR for General
Plan Amendment/Zone Change 05-0519.
2.
s. Environmental Impact Report for General Plan
Amendment/Zone Change 04-0668/Parcel Map No.
11322 Project (Sky 19 Development):
1.
Agreement with S & J Alfalfa, Inc. for the
preparation of an EIR and appropriate
$184,715.00 (developer's contribution) to the
Development Services Operating Budget in
the General Fund.
2.
Agreement with Michael Brandman
Associates ($184,715.00) to prepare an EIR
for General Plan Amendment/Zone Change
05-0668.
t.
Agreement with Quad Knopf (not to exceed
$232,963.00) for the development of an
environmental assessment and preparation of an
Environmental Impact Report for the expansion and
upgrade of Wastewater Treatment Plant NO.3
project.
ACTION TAKEN
AGR 05-253
AGR 05-254
AGR 05-255
AGR 05-256
AGR 05-257
AGR 05-258
Bakersfield, California, July 6, 2005 - Page 7
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11.
CONSENT CALENDAR continued
u.
Design Services for Wastewater Treatment Plant
No. 3 - 2007 Expansion Project:
1. Amendment NO.2 to Agreement No. 04-214
with Parsons Water and Infrastructure
($4,319,682.00, total not to exceed
$8,016,248.00) to provide additional design
services for the project.
2. Appropriate $4,000,000.00 Sewer Enterprise
Fund Balance to the Capital Improvement
Budget.
v.
Agreement with Mobile Ag & Industrial Supply (not
to exceed $26,130.00) for equipment testing of Fire
Department SCBA (self-contained breathing
apparatus) and fit testing of face masks.
Amendment NO.1 to Agreement No. 03-183 with
County of Kern (extend term 3 years,
$6,240,000.00, for a total amount not to exceed
$8,540,000.00) for the City to process the County's
greenwaste material.
w.
Bids:
x.
Accept bid to award contract to Soil Enterprises, Inc.
($191,140.00) for demolition of improvements at
709,711 & 713 Lake Street.
Accept bid to award annual contract to Kern
Sprinkler Landscaping, Inc. (not to exceed
budgeted amount of $135,750.00) for irrigation and
landscaping services within the City.
Accept bid to award annual contract to Jim Alfter
Cement Contractor (not to exceed budgeted amount
of $900,000.00) for concrete work within the City.
aa. Extend bid from Gibbs International ($173,160.49)
for one (1) additional sewer cleaner truck for the
Streets Sewer Division of Public Works.
y.
z.
bb. Reject all bids for annual contract for janitorial
supplies for various City departments.
Miscellaneous:
cc. Revised job specification for Assistant City Attorney.
dd. Revision to Miscellaneous Civil Service Rules &
Regulations.
ACTION TAKEN
REMOVED FOR
SEPARA TE
CONSIDERA TION
AGR 05-259
AGR 03-183(1)
AGR 05-260
AGR 05-261
AGR 05-262
2 L~
11.
Bakersfield, California, July 6, 2005 - Page 8
CONSENT CALENDAR continued
ee. Appropriate $2,500.00 contribution from Kern
Schools Federal Credit Union to the Recreation and
Parks Department Operating Budget within the
General Fund to be used for the MLK Center Camp
King Program.
ff. 2005 Legislative Platform.
gg. Transfer Section 108 Loan Savings (approx.
$120,000.00) and appropriate $49,230.00
Section 108 Loan Interest Earnings to the Municipal
Debt Service Fund for payment on outstanding
principal and interest balances for Fiscal year 2005-
06.
hh. Authorize Finance Director to forward to a collection
agency, account receivable in various funds totaling
$106,188.18.
Motion by Councilmember Couch to approve Consent
Calendar items 11.a. through 11.hh. with the removal of
items 11.n., 11.0. and 11.u. for separate consideration,
and Councilmember Couch abstaining from item 11.0.
items 2. and 3. due to a the company being a source of
income to his employer..
n.
Agreement with Clifford & Brown for outside legal
services concerning the Highway 99 and White
Lane Interchange.
Motion by Councilmember Hanson to approved the
Agreement.
o. Workers' Compensation Cost Containment
Agreements:
1. Agreement with ComplQ (not to exceed
$150,000.00) for bill review services.
2. Agreement with Monitor Case Management
(not to exceed $70,000.00) for utilization
review services.
3. Agreement with Monitor Case Management
(not to exceed $35,000.00) for nurse case
management services.
Motion by Councilmember Hanson to approved the
Agreements.
ACTION TAKEN
APPROVED
AB MAGGARD
AGR 05-212
APPROVED
AB MAGGARD
AGR 05-246
AGR 05-247
AGR 05-248
APPROVED
AB MAGGARD
ABS COUCH
Bakersfield, California, July 6, 2005 - Page 9
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11.
CONSENT CALENDAR continued
u. Design Services for Wastewater Treatment Plant
NO.3 - 2007 Expansion Project:
Amendment NO.2 to Agreement No. 04-214
with Parsons Water and Infrastructure
($4,319,682.00, total not to exceed
$8,016,248.00) to provide additional design
services for the project.
2. Appropriate $4,000,000.00 Sewer Enterprise
Fund Balance to the Capital Improvement
Budget.
1.
Motion by Councilmember Hanson to approve the
Amendment and Appropriate funds.
12. CONSENT CALENDAR HEARINGS
a.
Hearing to consider Resolution ordering the
vacation of the alley between H and Eye Streets
between 27th and 28th Streets.
b.
Hearing to consider Resolution ordering the
vacation of the excess street right of way at
southwest corner of Truxtun Avenue and
Commercial Way.
Hearings opened at 7:09 p.m.
No one spoke.
Hearings closed at 7:09 p.m.
Motion by Councilmember Benham to approve Consent
Calendar items 12.a. and 12.b.
13. HEARINGS
a. Hearing to receive comments on the Negative
Declaration for the proposed application to LAFCO
for an amendment to the City's Sphere of Influence.
Development Services Director Grady made staff
comments.
Hearing opened at 7:13 p.m.
Eric Averett and Rodrigo Morales spoke in
opposition to the staff recommendation.
----.-------
ACTION TAKEN
AGR 04-214(2)
APPROVED
AB MAGGARD
RES 159-05
RES 160-05
APPROVED
AB MAGGARD
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Bakersfield, California, July 6, 2005 - Page 10
13.
HEARINGS continued
Item 13.a. continued
ACTION TAKEN
Dave Dmohowski spoke in favor of the staff
recommendation.
Hearing closed at 7:20 p.m.
Councilmember Couch requested the Water Board
endeavor to allay fears of the Kern County Water
Agency and partner with the Agency to enlist support
for the City's annexation efforts.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham presented to Public Works
staff petitions for street closures and directed staff to
provide pertinent information regarding cost and
design elements to the concerned residents.
Councilmember Benham requested the Planning and
Development Committee review issues raised by a
property owner and provided supporting
correspondence.
Councilmember Benham requested the Planning and
Development Committee revisit the issue of big box
store design standards and provided a newspaper
article on the subject.
Councilmember Benham requested staff contact
Governor Schwarzenegger's office, express the City's
desire to participate in the newly created California
Partnership for the San Joaquin Valley, and determine
what efforts are being made to address transportation,
air quality and economic development issues.
Councilmember Benham requested information
regarding the legality of bright yellow vending boxes
used to distribute real estate circulars in the downtown
area.
Councilmember Benham requested staff respond to a
citizen regarding curbside recycling and provided
contact information; additionally staff to respond to a
previous request for information regarding a second
blue recycling container.
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Bakersfield, California, July 6, 2005 - Page 11
14.
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Councilmember Benham requested staff follow up on a
previous request to Golden Empire Transit regarding
the relocation of the bus stop on Garces Circle to
better meet the needs of passengers using
wheelchairs; additionally staff to contact the
citizens who brought the issue to staff's attention and
keep those citizens apprised of the situation.
Councilmember Benham requested staff address a
street abandonment issue and provided written
information.
Councilmember Benham requested staff address a
parking issue at 2415 G Street and provided contact
information.
Councilmember Hanson requested infomnation regarding
adjustment of transportation impact fees and park
development fees. Assistant City Manager Stinson
responded.
Councilmember Hanson made comments regarding
Jastro Pool and requested staff continue to monitor
pool use and keep Council apprised of the situation.
Councilmember Hanson requested staff investigate
replacement/update of playground equipment at N.
Campus Park and Westwold Park.
Councilmember Hanson recognized Ed and Sue Thomas
and their neighbors on Haggin Oaks Blvd. for providing a
patriotic celebration on the 4th of July
Councilmember Hanson complimented Bakersfield
Californian columnist Herb Benham on his series of articles
regarding Aimee Blaine and her illness.
Councilmember Carson requested staff draft a letter of
appreciation to Kern Schools Federal Credit Union for
their contribution to the Camp King Program and MLK
Park.
Councilmember Carson made comments regarding the
success of new spray parks.
Councilmember Carson requested staff provide her
with information regarding unused CDBG monies or
unfunded programs.
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14.
.,
Bakersfield, California, July 6,2005 - Page 12
COUNCIL AND MAYOR STATEMENTS continued
Councilmember Carson requested staff provide her
with information regarding availability of park fees in
the Saunders Park area and investigate installing a
spray park in that location.
Councilmember Carson requested information regarding
availability of funds for sponsorship of Sister City trips. City
Manager Tandy responded.
Councilmember Sullivan complimented City sponsored 4th
of July celebrations.
Councilmember Sullivan requested the Community
Services Committee address issues involving planning
of a new skateboard park including proposed locations,
financing and time frame for construction.
Councilmember Sullivan requested staff remove dead
shrubbery, check watering system and install new
shrubs in front of the sump on Akers Road.
Councilmember Couch complimented Council member
Sullivan on the talk she gave at Christ's Cathedral on
Sunday, July 3rd.
Councilmember Couch complimented the Park at Riverwalk
and requested information regarding the identity of the
architect for the project. City Manager Tandy
responded.
Councilmember Couch requested staff resolve the
problem of weeds growing in sidewalks and gutters.
Councilmember Couch requested staff contact Castle &
Cooke and request information on the small street
sweeper in use at the Marketplace.
Councilmember Couch requested staff provide information
regarding the grade separation project on Rosedale at
Landco and the status of grant funding for the project.
Public Works Director Rojas responded.
Councilmember Couch made comments regarding a
Traffic Engineering memo pertaining to traffic at
Truxtun and Coffee and requested staff provide
suggestions/information concerning what would be
required to improve the present traffic situation and
the worst case financial scenario.
ACTION TAKEN
Bakersfield, California, July 6,2005 - Page 13
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14.
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Councilmember Couch thanked staff and CalTrans for
cooperating on the Hwy. 204 project.
Councilmember Scrivner announced City web site anti-
graffiti page is now in Spanish as well as English.
Councilmember Scrivner expressed appreciation for
outgoing Finance Director Gregory Klimko and
congratulated him on his retirement.
Mayor Hall reminded everyone of State of City Luncheon
on Tuesday at 11 :30 a.m.
Mayor Hall made expressed appreciation for various
individuals and entities for supporting the City's effort to
obtain a permanent seat on LAFco's board.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:46 p.m.
ATTEST:
CITY CLERK and Ex Officio rk of
the Council of the City of Bakers leld
-...,-.--.- --
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