HomeMy WebLinkAbout11/30/05 CC MINUTES
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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