Loading...
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 144 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 (Two items) City Clerk McCarthy announced item 4.a. and one item under 4.c. have been withdrawn by the City Attorney.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. 146 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. AGR05-354 148 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,..- . 152 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. 153 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 *****THIS PAGE INTENTIONALLY LEFT BLANK*****