Loading...
HomeMy WebLinkAbout07/06/05 CC MINUTES 17 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. 18 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). 19 . . ACTION TAKEN FR ORD 4260 RES 155-05 20 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) 22 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 23 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 25 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 26 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. 27 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. 28 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 29 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 -...,-.--.- -- 30