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HomeMy WebLinkAbout11/30/05 CC MINUTES 1-87 - BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 30, 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, Council members Benham, Couch, Hanson, Scrivner Absent: Sullivan 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. 4. CLOSED SESSION a. Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Government Code Section 54957(b)(1). Motion by Vice-Mayor Maggard to adjourn the meeting to Closed Session at 5:16 p.m. APPROVED Motion by Councilmember Benham to adjourn from Closed Session at 6:28 p.m. APPROVED RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch, Hanson, Sullivan, Scrivner Absent: None. 188 Bakersfield, California, November 30, 2005 - Page 2 ACTION TAKEN 6. INVOCATION by Reverend Oscar Anthony, St. Peter Restoration Community Christian Ministries. 7. PLEDGE OF ALLEGIANCE by Isabella Clanton, 3'd Grade Student at Stockdale Christian School. Mayor Hall recognized the Ridgeview High School government class in attendance at the meeting. 8. CLOSED SESSION ACTION Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Government Code Section 54957(b)(1). 9. PRESENTATIONS a. NO REPORTABLE ACTION Presentation by Mayor Hall of Proclamation to Representatives from Stop the Violence Movement, proclairning December, 2005, as "Violence Free Month". Isaiah Crompton accepted the Proclamation and made comments. 10. PUBLIC STATEMENTS a. Audrey Chavez spoke regarding World Aids Day. b. Steve Hollis spoke regarding a change of designation on Paladino Dr. from arterial to collector. Vice-Mayor Maggard requested the Planning and Development Committee address the issue of the designation for Paladino Dr. 11. APPOINTMENTS None. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 9, 2005 Regular City Council Meeting. Bakersfield, California, November 30, 2005 - Page 3 189 ACTION TAKEN 12. CONSENT CALENDAR continued Payments: b. Approval of department payrnents from October 28, 2005 to November 17, 2005 in the amount of $11,773,832.67 and self insurance payments frorn October 28,2005 to November 17, 2005 in the amount of $238,129.99. Ordinances: c. d. Resolutions: e. First Reading of amendments to various Ordinances relating to: REMOVED FOR SEPARATE CONSIDERATION 1. City Seal 2. City Council Meetings 3. Personnel Policies 4. Employer-Employee Relations 5. Compensation 6. Ice Cream Vendors First Reading of Ordinance arnending Sections 3.20.060, 3.20.090, 3.20.100 and 3.20.105 of the Municipal Code relating to bidding and contract procedures. REMOVEDFOR SEPARATE CONSIDERA TION Resolution adopting the Investment Policy of the City. RES 273-05 f. Mobile Data Computers: 1. Resolution determining that Mobile Data Computer Displays for the Police Department cannot be obtained through usual bidding procedures due to the need to integrate into existing systems and authorizing Finance Director to dispense with bidding therefore, not to exceed $184,000.00. RES 274-05 2. Resolution determining that Mobile Data Radio Equipment for the Police Department cannot be obtained through usual bidding procedures due to the need to integrate into the existing system radio infrastructure and authorizing the Finance Director to dispense with bidding therefore, not to exceed $105,800.00. RES 275-05 ~ 90 12. Bakersfield, California, November 30, 2005 - Page 4 CONSENT CALENDAR continued Item 12.1. continued ACTION TAKEN 3. Accept bid from GTSI Corporation ($1,289,674) for rnobile data computers, laptops and related equipment. g. Resolution determining that the Magic comprehensive call analysis and reporting system from SBC, Inc. cannot be obtained through usual bidding procedures due to the need to integrate into the existing telephone technology/digital logging system in the Police Comrnunications Center and authorizing the Finance Director to dispense with bidding therefore, not to exceed $44,000.00. RES 276-05 h. 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 of the assessments by the Kern County Tax Collector. RES 277-05 I. Resolution adding territory, Area 3-41 (Taft Hwy/Mountain Ridge 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 278-05 j. RES 279-05 Resolution adding territory, Area 4-41 (Comanche/Canyon SW) 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. k. Resolution adding territory, Area 4-42 (Niles/Brentwood 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. RES 280-05 I. Resolution establishing Traffic Signal Maintenance District TS-12 (panarna and Wible Shopping Center) confirrning the assessrnents, approving Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. RES 281-05 1 91-. Bakersfield, California, November 30, 2005 - Page 5 ACTION TAKEN 12. CONSENT CALENDAR continued RES 282-05 m. Resolution approving development plan review for construction of a 62,840 square foot comrnercial office complex on 7.49 acres located at 9700 Brimhall Road zoned C-O/PCD (Professional and Adrninistrative Office-Planned Commercial Development). (Project No. 05-1227, Skarphol Associates/David R. Wilson) n. Application for a grant from the California Integrated Waste Managernent Board (CIWMB) for replacement of broken concrete sidewalks with rubber sidewalks made from recycled tires: 1. Resolution authorizing the Public Works Director to apply for and administer grant. RES 283-05 2. Resolution adopting a purchasing policy giving preference to products with recycled material content when feasible. RES 284-05 o. Partial Advanced Refunding of 1997 Arena Certificates of Participation to generate one time savings of approximately $1,400,000.00 to be used for capital improvements for the Rabobank Convention Center and Arena complex. 1. Agreement with Orrick, Herrington & Sutcliffe LLP for bond counsel services. Agreement with Pillsbury Winthrop Shaw Pittman LLP for disclosure counsel services. AGR05-383 2. AGR 05-384 3. Resolution approving the execution, sale and delivery of not to exceed $26.0 million of the 2005 Refunding Certificates of Participation to provide for the partial refunding of the 1997 Certificates; approval of the form and substance of Bond Purchase Contract, Preliminary Official Statement, Amended and Restated Trust Agreement, Amended and Restated Lease Agreement, Refunding Escrow Agreement and authorizing and directing additional actions necessary to implement the proposed refunding program. RES 285-05 AGR 05-385 AGR 05-386 AGR 05-387 AGR 05-388 AGR 05-389 1 ':12 Bakersfield, California, November 30, 2005 - Page 6 12. CONSENT CALENDAR continued p. Agreements: ACTION TAKEN Amendment NO.1 0 to Resolution No. 046-02 approving Memorandum of Understanding for ernployees of the Blue and White Collar Units and adopting salary schedule for Real Property Agent II. (Thomas Roads) AGR 046-02(1) q. Final Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreernents with Lennar Homes of California for Tract 6289 Unit 3 located north of Noriega Road and west of Allen Road. Final Map and Improvement Agreernents with Lennar Homes of California for Tract 6290 Unit 1 located south of McKee Road and west of Stine Road. AGR 05-390 AGR 05-391 2. AGR05-392 AGR05-393 3. Final Map and Improvement Agreement with Centex Homes for Tract 6195 Unit 8 located east of Allen Road and south of Snow Road. Final Map and Irnprovernent Agreernent with Centex Homes for Tract 6349 Unit 4 located west of Buena Vista Road and north of Panama Lane. AGR05-394 4. AGR 05-395 5. Final Map and Improvement Agreements with Pulte Homes Corporation for Tract 6149 Phase 5 located south of State Route 178 and west of Miramonte Drive. AGR 05-396 6. Final Map and Improvement Agreements with Castle & Cooke California, Inc., for Tract 6250 Phases 6 & 7 located east of Allen Road and north of Stockdale Highway. Final Maps for Units 1 - 5 and Improvement Agreements for Units 1 -12 with Castle & Cooke California, Inc. for Tract 6448 located west of Renfro Road and south of Stockdale Highway. AGR 05-399 AGR 05-400 AGR 05-401 AGR 05-402 AGR 05-403 AGR 05-404 AGR 05-405 AGR 05-406 AGR 05-407 AGR05-408 AGR 05-409 AGR 05-397 AGR05-398 7. 193 Bakersfield, California, November 30, 2005 - Page 7 ACTION TAKEN 12. CONSENT CALENDAR continued r. Purchase of real property located in Tract 6413 at the northeast corner of Linnell Way and Brahma Street for a park site: Agreernent with Firm Foundation Ventures, Inc. ($86,400.00) for the purchase. 2. Appropriate $88,000.00 Fund Balance within the Capital Improvement Budget of the Park Development Fund (Central Zone 2- Acquisition Funds). AGR 05-410 DEED 6330 1. s. Purchase of real property located west of New Stine Road, east of the Farmer's canal, south of McKee Road and north of Taft Highway for a park site: t. u. Agreement with Lennar Homes of California, Inc. ($375,000.00) for the purchase. 2. Appropriate $380,000.00 Fund Balance within the Capital Improvement Budget of the Park Development Fund (Southwest Zone 1- Acquisition Funds). AGR 05-411 DEED 6331 1. Agreement with McMillin Albany, LLC ($100,000.00) to purchase real property located west of Progress Road, east of Albany Gate Drive and north of Panama Lane for a water well site. AGR 05-412 DEED 6332 Reimbursement Agreement with Lenox Hornes ($563,912.28) for reconstruction of South H Street between Hosking Road and the Arvin-Edison Canal. AGR 05-413 v. Health Care Agreements: 1. Agreement with Blue Cross of California for Indemnity Health and Dental Services. AGR 05-414 2. Agreement with Blue Cross of California for Managed Care Health Plans for Medical Services for employees and retirees. Agreement with Blue Cross of California for Medicare Risk Plan Senior Secure. AGR 05-415 3. AGR 05-416 4. Agreernent with Kaiser Perrnanente for Managed Care Health Plans for Medical Services for employees. AGR 05-417 194 Bakersfield, California, November 30, 2005 - Page 8 12. CONSENT CALENDAR continued Item 12.v. continued Agreement with Les Roger's Construction (not to exceed $45,000.00) to install playground equipment at Quailwood Park and Campus Park North. Agreement with County of Kern ($634,797.00) for jail booking fees. w. x. ACTION TAKEN 5. Agreernent with Kaiser Perrnanente for Managed Care Health Plans for Medical Services for retirees. AGR 05-418 6. Agreement with Medical Eye Services and Security Life Insurance Company for Vision Services. AGR 05-419 7. Agreement with Pacific Union Dental for pre- paid Dental Services. Agreement with Dedicated Dental Systems, Inc. for pre-paid Dental Services. Agreement with PacifiCare Behavioral Health of California for Employee Assistance Services. AGR 05-420 8. AGR 05-421 9. AGR05-422 Agreement with PacifiC are Behavioral Health of California for Managed Mental Health Care. 11. Appropriate $100,000.00 additional Vehicle License Fee in lieu of revenues to the non-departrnental budget within the General Fund. AGR 05-423 10. AGR05-424 AGR 05-425 AGR 01-340(1) Amendment NO.1 to Agreement No. 01-340 with Central Parking System, Inc. for parking facility management services for the 18th and Eye Street Parking Structure. y. 195 Bakersfield, California, Novernber 30, 2005 - Page 9 12. CONSENT CALENDAR continued ACTION TAKEN z. Environmental Impact Report (EIR) Preparation for SKY 19 Project: located south of State Highway 178, east of Morning Drive. Amendment NO.1 to Agreernent No. 05-257 with Michael Brandman & Associates ($25,910.00) to prepare an Environmental Impact Report for General Plan Arnendment/Zone Change No. 05-1063. 2. Appropriate $25,910.00 developer's contribution to the Development Services operating budget, within the Developrnent Services fund. 1. AGR 05-257(1) aa. Contract Change Order NO.1 to Agreement No. 05- 069A with Bakersfield Well & Pump Co. ($62,653.80 for total amount of $818,397.80) for drilling and pump testing two (2) domestic water wells. AGR 05-069A CC01 Bids: bb. Accept bid to award annual contract to Hargis and Son, Bakersfield (not to exceed $80,000.00) for biosolids hauling and spreading. Accept bid to award annual contract to Jim Alfter Cement Contractor (not to exceed $800,000.00) for HUD-Funded Concrete Construction. AGR05-426 cc. AGR 05-427 dd. Accept bids from Cascade Fire Equipment ($171.60); Ferrara Fire Apparatus ($1,317.03); All Star Fire Equiprnent ($5,167.84); L.N. Curtis and Sons ($14,913.33); and Third Alarm Fire Equipment ($19,269.26) for replacement equipment for Engines 10 and 1 3. ee. Accept bid from Hewlett Packard Company ($74,850.53) for LaserJet printers and related software and support. ft. Extend bid from Municipal Maintenance Company, Sacramento ($70,656.49) for one (1) 50,000 pound parallelogram platform hoist for the Wood Waste Recycling Facility. · 1 96 Bakersfield, California, November 30,2005 - Page 10 12. CONSENT CALENDAR continued ACTION TAKEN Miscellaneous: gg. Appropriate $50,000.00 fund balance for Wayside Park Wet Play Area and $10,000.00 fund balance for Jefferson Park Wet Play Area, within the Capital Improvernent Budget in the Park Irnprovement Fund, for modifications to the existing automated water quality systems. hh. Appropriate $1 ,000.00 developer's contribution to the Development Services budget in the general fund for peer review of the Geologic Hazards Report for Vesting Tentative Tract 6638 located on the east side of Alfred Harrell Hi9hway, approximately 14 rnile north of Highway 178. Temporary Access Agreement with Castle & Cooke Comrnercial-CA, Inc. for vehicular access to the amphitheater at The Park at River Walk. DEED 6333 ii. Motion by Vice-Mayor Maggard to approve Consent Calendar items 12.a. through 12.;;., with the removal of items 12.c. and 12.d. for separate consideration. APPROVED c. First Reading of amendments to various Ordinances relating to: FR 1 . City Seal 2. City Council Meetings 3. Personnel Policies 4. Ernployer-Employee Relations 5. Compensation 6. Ice Cream Vendors Motion by Councilmember Hanson to give First Reading to Ordinances with the removal of item number 12.c.5. APPROVED d. First Reading of Ordinance amending Sections 3.20.060, 3.20.090, 3.20.100 and 3.20.105 of the Municipal Code relatin9 to biddin9 and contract procedures. Motion by Councilmember Couch to raise the cap on City Agreements to $40,000 before Council approval is required with the exemption of bulk fuel, natural gas, asphalt and concrete, that cap being $75,000, and give First Reading to the Ordinance. APPROVED 197 Bakersfield, California, November 30, 2005 - Page 11 13. CONSENT CALENDAR HEARINGS ACTION TAKEN None. 14. HEARINGS a. Public Hearing to consider Resolution denying an appeal by Paul Nesheiwat, Owner, Car Audio Pros of the Board of Zoning Adjustment's revocation of a conditional use permit (File No. 02-0064) concerning the sales and installation of automobile stereos and other automotive electronic accessories in a C-1 (Neighborhood Commercial) zone located at 2520 Brundage Lane. RES 286-05 Development Services Director Grady made staff cornments. Hearing opened at 7:03 p.m. Paul Nesheiwat spoke in opposition to the staff recommendation. Sal Ochoa and Keith Lawless spoke in favor of the staff recornmendation. Paul Nesheiwat spoke in rebuttal opposition to the staff recommendation. Keith Lawless spoke in rebuttal favor of the staff recommendation. Hearing closed at 7: 18 p.m. Motion by Councilmember Benham to uphold the Board of Zoning Adjustment's decision and deny the appeal. 15. REPORTS APPROVED a. Budget and Finance Committee Report regarding request for release (closure) of the Bakersfield Municipal Airport. City Clerk McCarthy announced correspondence was received from staff noting a change to the back- up; additionally Public Statements regarding this item will be heard at this tirne. ~ 98 Bakersfield, California, November 30,2005 - Page 12 10. PUBLIC STATEMENTS ACTION TAKEN a. George Sturges, Jr., Shane Ellis, Art Powell, John Harman, Raul Sanchez, William Andrews and Jerry Shipman spoke regarding the municipal airpark. Assistant City Manager Christensen rnade staff cornments. Motion by Councilmember Carson to authorize submission of the request to the FAA with clarification in language; regarding reimbursement of monies upon closure of airport. APPROVED Vice-Mayor Maggard stated for the record: "We on the Council are committed to redevelopment and to causing our community to grow and to prosper. However, if indeed this is declined, we could come back and try to invest in this operation. " 15. REPORTS b. Emergency preparedness. Chief Fraze gave a computer presentation and provided handouts. Vice-Mayor Maggard requested staff provide information regarding whether or not hospitals within the City are located in the flood plane and if this is the case analyze the feasibility of building a hospital outside the flood plane. Councilmember Benham requested staff provide information regarding severe flooding in the delta and whether such flooding could affect the Bakersfield area. 16. DEFERRED BUSINESS a. Ward Reapportionment Process. DELETED 17. NEW BUSINESS None. 18. MAYOR AND COUNCIL STATEMENTS Councilmember Benham requested damaged solar panels on the emergency phones at the entrance to Yokuts park be repaired/replaced and check the same equipment at the par course. 199 Bakersfield, California, November 30, 2005 - Page 13 18. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN Councilmember Benham requested the response, if any, to a letter that was directed to Water Resources Director Core. Councilmember Couch requested staff investigate sponsoring a 4th of July show at the Park at Riverwalk. Council member Couch requested Assistant City Manager Christensen call him. Council member Couch made cornments regarding the Y2 cent sales tax on the November 2006 ballot; encouraged other cities in the county to implement development impact fees and expressed support for proceeds from sale of the City Farm be dedicated primarily for street and road projects. Councilmember Couch requested staff investigate means of removing proceeds from the sewer enterprise funds for utilization in road improvements and safety services; additionally involve voters in determining use of proceeds. Councilmember Couch requested City Attorney, City Clerk and City Manager report at the next Council meeting what actions are necessary by the Council and what mechanisms need to be in place to direct the use of proceeds from sale of the City Farm to ensure funds are used as deemed necessary by Council; additionally report on whether Council can place the issue before voters and the outcome be binding and what requirements must be met to place the issue on the ballot. Councilmember Carson thanked the City Attorney for cooperation in abating train noise; requested staff advise citizens complaining about noise to obtain train numbers and record times to determine whistle blowing patterns and report findings to Police or the City Attorney's office. Councilmember Carson requested staff explore options for repayment of sewer connection fees. Vice-Mayor Maggard made comments regarding the Rescue Mission being in need of funding. 200 Bakersfield, California, Novernber 30,2005 - Page 14 18. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN Vice-Mayor Maggard made comments regarding train noise and requested staff investigate the impact of train noise in other cities and explore ways to implement a grass roots movement to overturn the legislation requiring trains to blow horns at all street crossings. Vice-Mayor Maggard requested Public Works Director Rojas provide an update at the next meeting regarding road issues at Hwy. 178 and Fairfax, Hwy. 178 and Miramonte and Hwy. 178 and the City in the Hills. Vice-Mayor Maggard endorsed Council member Couch's comrnents regarding the Y2 cent sales tax. Vice-Mayor Maggard provided an update on the light on the Fox Theater and announced Walt Cook, one of the clockmakers passed away last week. Councilrnember Sullivan acknowledged various non-profit organizations and particularly the Salvation Army and encouraged staff and citizens to volunteer as bell ringers. Councilmember Sullivan made comments about World Aids Day. 19. ADJOURNMENT Mayor Hall adjourned the m , MAYOR of the City of Bakers\' ATTEST: .. ~lL;1, ffit ÆÁ ~___ CITY CLERK and Ex Officip Clerk of the Council of the City of Bakersfield