HomeMy WebLinkAbout10/26/05 CC MINUTES
143
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 26, 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 (seated at 5:20 p.m.),
Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
3. WORKSHOPS
a. Update on California State University - Bakersfield.
Horace Mitchell, President of California State
University Bakersfield provided and overview and
presented written material.
4. CLOSED SESSION
a. Conference with Bill Avery, Labor Negotiator;
Closed Session pursuant to Government Code
Section 54957.6.
b. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9, for the following
cases:
1. Gloria Navarro, et al v City, et al
2. Essex Insurance Company v City, DARE,
Inc., et al
3. Elizabeth Ann Peel, et al v City, et al
4. Moises Quintero, et al v City
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Bakersfield, California, October 26, 2005 - Page 2
4.
CLOSED SESSION continued
ACTION TAKEN
c. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (Two items)
City Clerk McCarthy announced item 4.a. and one
item under 4.c. have been withdrawn by the City
Attorney.
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at 5:34 p.m.
APPROVED
Motion by Vice Mayor Maggard to adjourn from Closed
session at 6:25 p.m.
APPROVED
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Sullivan, Scrivner
Absent:
Councilmember Hanson
6. INVOCATION by Councilmember Maggard
7. PLEDGE OF ALLEGIANCE by Mohammed Mobashir, 9th
Grade Student at Bakersfield Adventist
Academy.
Mayor Hall recognized government students, Boy Scouts
and a Delegation from Bucheon City, South Korea in
attendance at the meeting.
8. CLOSED SESSION ACTION
a.
Conference with Bill Avery, Labor Negotiator;
Closed Session pursuant to Government Code
Section 54957.6.
REMOVED
Bakersfield, California, October 26, 2005 - Page 3
145
8.
CLOSED SESSION ACTION continued
ACTION TAKEN
b.
Conference with Legal Counsel - Existing Litigation:
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9, for the following
cases:
NO REPORTABLE
ACTION
1. Gloria Navarro, et al v City, et al
2. Essex Insurance Company v City, DAR.E.,
Inc., et al
3. Elizabeth Ann Peel, et al v City, et al
4. Moises Quintero, et al v City
c.
NO REPORTABLE
ACTION
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Governrnent Code
Section 54956.9. (One item)
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamations to Ann
Smart from Optimal Hospice, Ken Wieck from
Odyssey Hospice, and Tom and Beth Hoffman
frorn Hoffman Hospice, proclaiming November,
2005, as National Hospice Month.
10. PUBLIC STATEMENTS
a. Frank Tripicchio, President of the Bakersfield Sister
City Corporation, introduced Chairrnan of the City
Council and delegation, from Bucheon, Republic of
Korea.
b. Phyllis Waldo spoke regarding a multi-use stadium.
c. David Ebel, Salvation Army rnade comments
regarding the Salvation Army's annual Kettle Kickoff
and presented written material.
d. Sheryl Giesbrecht, Director of Development and
Public Relations KAXL, 88.3 FM radio, made
comments regarding the "Share the Life" blood drive
in conjunction with the Houchin Blood Bank.
11. APPOINTMENTS
a. One appointment to the Local Agency Formation
Commission (LAFCO) due to the passage
of Senate Bill 967.
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Bakersfield, California, October 26, 2005 - Page 4
ACTION TAKEN
APPROVED
Motion by Vice-Mayor Maggard to appoint
Councilmember Couch to the Local Agency Formation
Commission.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the October 12, 2005
Regular City Council Meeting.
Payments:
b. Approval of department payments from September
30, 2005 to October 13, 2005 In the amount of
$6,218,772.39 and self insurance payments from
September 30, 2005 to October 13, 2005 in the
amount of $168,185.79.
Ordinances:
c.
First Reading of Ordinance adopting a negative
declaration and amending Section 17.06.020
(Zone Map NO.1 04-17) of Title 17 of the Municipal
Code by changing the zoning from R-1 (One Family
Dwelling) zone to PUD (Planned Unit Development)
zone on 55.83 acres generally located on the north
side of State Route 178, approximately % mile east
of future Vineland Avenue (City in the Hills). (File
#05-0502)
FR
Resolutions:
d.
Resolution adding territory, Area 1-52 (Brimhall,
DePetro N) 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.
RES 241-05
e.
Resolution confirming the approval by the Assistant
City Manager of the Chief Code Enforcement
Officer's report 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 the assessments by the Kern County Tax
Collector.
RES 242-05
12.
Bakersfield, California, October 26, 2005 - Page 5
147
CONSENT CALENDAR continued
ACTION TAKEN
f.
Resolution approving the destruction of certain
obsolete City records, documents, instruments,
books and papers, pursuant to Government Code
Section 34090 et seq. for the Development Services
Department.
Resolution approving request to file extension of
time with the State of California, Department of
Transportation, for the Mohawk Street Grade
Separation funds.
RES 243-05
g.
RES 244-05
h.
Resolution of Intention No. 1411 to order the
vacation of a portion of Crosswind Way east of
Windchirne Court.
ROl1411
I.
Resolution of Intention No. 1412 to order the
vacation of the strip of land on 26th Street,
approximately 11.25 feet wide, between M Street
and alley.
ROl1412
Agreements:
j. Final Tract Maps and Improvement Agreements:
1.
Final Map and Improvement Agreement with
Centex Homes for Tract 6118 Phase 8,
located south of Snow Road and west of Old
Farm Road.
AGR 05-350
2.
Final Map and Improvement Agreement with
Centex Homes for Tract 6195 Phase 7,
located south of Snow Road and east of
Allen Road.
AGR 05-351
k.
Agreement with Lennar Homes of California, Inc.
($75,000.00) to purchase real property located west
of New Stine Road, east of Mountain Ridge Drive,
south of McKee Road and north of Taft Highway for
a water well site.
AGR 05-352
DEED 6316
I.
Agreement with Bakersfield Senior Citizen Center
($50,000.00, FY 2005-06 Community Development
Block Grant (CDBG) funds) for operational
expenses at the center located at 530 4th Street.
AGR 05-353
m.
Agreement with Alliance Against Family Violence
and Sexual Assault ($15,000.00, Emergency Shelter
Grant (ESG) funds) for operating costs necessary to
continue services.
AGR05-354
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Bakersfield, California, October 26, 2005 - Page 6
ACTION TAKEN
12.
CONSENT CALENDAR continued
n. Transmission lines and tower at southwest corner of
Coffee Road and Norris Road:
1.
Actual Cost Contract with P. G. & E.
($308,323.00) to relocate transmission lines
and tower.
AGR 05-355
2. Appropriate $200,000.00 fund balance to the
Capital Improvement Budget within the
Transportation Development Fund.
o. City Physician Services:
p.
Agreement with Central Valley Occupational
Medical Group, Inc.
Agreement with Business Health
Network/Southwest Urgent Care Center, Inc.
License Agreement with CompuCom Systems, Inc.,
($224,326.49) to provide Microsoft licenses for 964
computers.
AGR 05-356
1.
AGR 05-357
2.
AGR 04-241(1)
q. State Route 178 Shoulder Widening Project:
r.
s.
~ .__._--~.._..._-
Amendment No. 1 to Agreement No. 05-083
with State of California Department of
Transportation ($171,300.00, for a revised
not to exceed amount of $751,300.00) for
construction of shoulder widening on State
Route 178 from approximately Fairfax
Road to the entrance of the Kern River
Canyon.
2. Appropriate $171,300.00 fund balance to the
Capital Improvement Budget within the
Transportation Development Fund.
AGR 05-083(1)
1.
Amendment NO.1 to Agreement No. 05-152 with
Pavement Recycling System ($600,000.00, for a
revised total amount of $1 ,000,000.00) for cold
planing for the Streets Division.
AGR 05-152(1)
Amendment NO.1 to Agreement No. 98-145 with
Bryan A. Stirrat & Associates ($67,000.00, for a
revised total not to exceed $$317,000.00) for
preparation of a grading plan for the Bakersfield
landfill closures.
AGR 98-145(1)
Bakersfield, California, October 26, 2005 - Page 7
149
ACTION TAKEN
12. CONSENT CALENDAR continued
t.
Amendment NO.2 to Agreement No. ED02-017 with
Environmental and Safety Management Services,
Inc. (not to exceed $35,000.00) for lead-based paint
evaluation services for HUD eligible housing
programs.
AGR05-359
Bids:
u. Accept bid from Kern Electric Distributors
($28,073.76) for a 3200 amp circuit breaker for
Wastewater Treatment Plant #2.
v. Demolition of Improvements:
Accept bid to award contract to Valley Tree
& Construction ($192,824.00) for
demolition of improvements at 1001-1011
Baker Street and 706-710 Kentucky Street.
2. Transfer $123,853.00 Community
Development Block Grant funds from the
Economic & Community Development
Operating Budget to the Capital
Improvement Budget.
1.
AGR 05-360
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 12.a. through 12.v.
APPROVED
13. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider the proposed
expenditure plan for the Supplemental Law
Enforcement Services Funding (S.L.E.S.F.) grant,
per Government Code 30061 (Law Enforcement
Services) .
1. Appropriate $16,939.00 State Grant
revenues to the CIP Budget (Project
#P5H005) within the S.L.E.S.F. Fund.
Hearing opened at 6:59 p.m.
No one spoke.
Hearing closed at 7:00 p.m.
Motion by Vice-Mayor Maggard to approve Consent
Calendar Hearing item 13.a.
APPROVED
150
14.
HEARINGS
Bakersfield, California, October 26, 2005 - Page 8
ACTION TAKEN
None.
15. REPORTS
a. Personnel Committee Reports:
1. Majority Report regarding Health Insurance
Plan Renewals.
2. Minority Report regarding Health Insurance
Plan Renewals.
City Manager Tandy made staff comments.
Assistant City Manager Christensen provided an
overview of late material.
Michael Shunning, Consultant with, Buck
Consults, provided an overview of the material.
Motion by Councilmember Hanson to postpone the
item to the November 9'h meeting.
APPROVED
Recess taken from 8: 15 to 8:20 p.m.
b. Update on Wastewater Treatment Plant 3
Expansion.
Public Works Director Rojas gave a presentation
and introduced Art Chianello, Wastewater Manager
Who provided written material.
c.
Ward Reapportionment Process.
NAT
City Manager Tandy made introductory comments.
16. DEFERRED BUSINESS
None.
17. NEW BUSINESS
None.
Bakersfield, California, October 26,2005 - Page 9
18.
MAYOR AND COUNCIL STATEMENTS
ACTION TAKEN
Councilmember Scrivner requested staff provide
information regarding City policy on the installation of
solar panels and requirements for companies installing
solar equipment; staff to investigate retro-fitting City
buildings for solar equipment, provided contact
information, regarding a bid for solar; additionally staff
to contact Frank Mann from Kinetics and research his
proposals regarding solar equipment.
Council member Scrivner made comments regarding
redevelopment of the downtown area.
Councilmember Carson announced a memorial service will
be held honoring Rosa Parks, the mother of the Civil
Rights Movement, at 6:30 p.m. at 710 E. Brundage Ln.,
made comments regarding the contribution of Ms. Parks
and asked that the meeting be adjourned in her
memory.
Councilmember Carson requested the Vice-Mayor
reactivate the City Council Sub-Committee on Gang
Activity and volunteered to chair that committee.
Councilmember Benham requested staff investigate
ABC compliance at Montgomery World and provided
contact information for a concerned citizen.
Councilmember Benham requested staff respond to
citizen's correspondence regarding the downtown
area and provided contact information.
Councilmember Benham requested staff
citizen's correspondence regarding a
order and provided contact information.
respond to
restraining
Councilmember Hanson staff provide information on
Secret Witness Program for graffiti and report back to
Council.
Councilmember Hanson requested staff respond to a
letter from St. John's Lutheran Church regarding
traffic.
Councilmember Hanson provided an MOU draft from
the County regarding consolidating solid waste
programs with the County and make recommendations
to Council regarding their findings.
.
15 1
t,..-
.
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Bakersfield, California, October 26, 2005 - Page 10
18.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Hanson thanked Mike Manning and his
wife for trimming the trees and cleaning the area on
Ashe between Ming and Stockdale.
Councilmember Sullivan requested staff research
providing incentives for citizens to utilize blue recycle
containers, explore exchanging one brown for blue and
report back to Council.
Councilmember Sullivan made comments regarding the
Salvation Army kettle kick-off.
Councilmember Couch acknowledged his appointment
to LAFCo. requested staff draft a letter on his behalf
to the members and executive director of LAFCo
expressing his pleasure at the appointment and
anticipation of working with the agency.
Councilmember Couch requested staff resend the
response to the referral regarding motorcycles using
the vacant lot at the end of Fox Run.
Councilmember Couch requested
Department investigate the electrical
of Derre/'s Mini Storage on Stockdale at
assure it meets code.
the Building
lines in front
Jewetta and
Council member Couch
bulky item pick-up.
responded.
requested information regarding
Public Works Director Rojas
Councilemember Couch requested staff analyze the
feasibility of using of round abouts in future
development projects and report back to Council.
Councilmember Couch requested staff investigate dead
shrubbery on Ming between Old River and Buena Vista.
Councilmember Couch requested staff provide a report
on City's efforts and procedures in eradicating water
hyacinth from Truxtun Lake, canals and other local
water ways.
Councilmember Couch requested the Water Board
review extension of the Kern River Parkway Flow
Program through the summer of 2006 and report back
to Council.
Councilmember Couch made comments regarding radio
attack ads.
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Bakersfield, California, October 26, 2005 - Page 11
ACTION TAKEN
18. MAYOR AND COUNCIL STATEMENTS continued
Council member Sullivan congratulated City Clerk McCarthy
on her election as Second Vice-President on the State
Board of the City Clerk's Association of California.
Vice-Mayor Maggard requested staff address citizens'
concerns regarding the accessibility of the 32 ERASE
hot-line and report back to Council; additionally
abate graffiti in the area between Auburn and Bernard
on Oswell and near University and Colombus.
Vice-Mayor Maggard requested staff obtain information
from Mr. Mann at Kinetics regarding specific costs for
equipment.
Vice-Mayor Maggard made comments regarding the
passing of Rosa Parks.
Vice-Mayor Maggard endorsed reinstatement of the
City Council Sub-Committee on Gang Activity and
asked Councilmember Sullivan to join him and
Councilmember Carson as Committee members.
Vice-Mayor Maggard requested the Budget and Finance
committee review the issue of expanding refuse
services as the City expands; evaluate the economic
benefit and use of private haulers.
Vice-Mayor Maggard requested staff analyze beginning
meetings at an earlier time and present other
options to deal with heavy meeting loads for the next
few Council meetings.
Mayor Hall made comments regarding the recent disaster
planning exercise.
19. ADJOURNMENT
MaYO<HaJI"'jOU7~
MAYOR of the City of Bakersfield, CA
ATTEST:
{Jy~ fl.
CITY CLERK and Ex Officio C
the Council of the City of Bakersf
154
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