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HomeMy WebLinkAbout11/09/05 CC MINUTES 155 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 9, 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 Benham, Couch, Hanson, Sullivan, Scrivner Absent: Carson 2. PUBLIC STATEMENTS 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. (One case) b. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957(b)(1). c. Conference with Bill Avery, Labor Negotiator; Closed Session pursuant to Government Code Section 54957.6. City Clerk McCarthy announced 4.c. had been removed from the agenda. Motion by Vice-Mayor Maggard to adjourn the meeting to Closed Session at 5:20 p.m. APPROVED Motion by Vice Mayor Maggard to adjourn from Closed Session at 6:32 p.m. APPROVED 156 Bakersfield, California, November 9, 2005 - Page 2 RECONVENED MEETING - 6:30 p.m. ACTION TAKEN 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch, Sullivan, Scrivner Absent: Councilmember Hanson a. Introduction of Student Body Representatives participating in the 51st consecutive "Teen City Government Day": Sarah Meyer, Stockdale High School, Raechel Paine, Bakersfield High School, Nathan Witmyer, Bakersfield Christian High School, Jordan Killebrew, Centennial High School, Molly Devers, East Bakersfield High School, Chris Carrassi, Foothill High School, Kelsey Woodard, Garces High School, Ravi Doshi, Highland High School, Lakeithia Jackson, West High School, Cori Tucker, Ridgeview High School, Beth Scarbrough, North High School, Tayci Miller and Julia Avila, South High School, Ellie Garber, Liberty High School and Dorsay Martinez, Golden Valley High School. 6. INVOCATION Pastor Dave Froese, Heritage Bible Church. 7. PLEDGE OF ALLEGIANCE by Christopher Esparza, 6th Grade Student at Buena Vista School. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel - Initiation of Litigation: Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. (One case) NO REPORTABLE ACTION b. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957(b)(1). Conference with Bill Avery, Labor Negotiator; Closed Session pursuant to Government Code Section 54957.6. NO REPORTABLE ACTION c. DELETED Bakersfield, California, November 9, 2005 - Page 3 157 9. PRESENTATIONS a. Presentation by Rhonda Smiley, Office Administrator/Public Relations to department winners of the 2005 Excellence in Action Awards and the Extra Mile Award in recognition of outstanding service to the City. Recipients are: ACTION TAKEN Dave Hecht, Information Technology, Beverly Brown Development Services, Christine Guiterrez, Economic and Community Development Services, Cheryl Perkins, Finance Department, Battalion Chief Tyler Hartley and Firefighter James Powell, Fire, Officer Robert Calvin and Cathy Sherrell, Police, Tom Darnell and Frank Young, Public Works, Daniel Maldonado and Linda McVicker, Recreation and Parks and Don Richardson, Water. The recipient of the Extra Mile Award for 2005 was Jennie Eng. Mayor Hall recognized government students from Ridgeview High School in attendance at the meeting. 10. PUBLIC STATEMENTS a. Cam Smith and Mary Jane Weerts spoke to encourage building a new ball park. b. Margaret Ursin spoke requesting to speak when item 15.a. is heard. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the October 26, 2005 Regular City Council Meeting. Payments: b. Approval of department payments from October 14, 2005 to October 27, 2005 in the amount of $11,549,159.28 and self insurance payments from October 14, 2005 to October 27,2005 in the amount of $175,683.94. ,.---- 15 8 12. Bakersfield, California, November 9,2005 - Page 4 CONSENT CALENDAR continued ACTION TAKEN Ordinances: c. Adoption 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 14 mile east of future Vineland Avenue (City in the Hills). (File #05-0502) ORD 4279 Resolutions: d. Assessment District No. 05-3 (Liberty II/Village Green/T esoro-Encanto/Lin/Rider/Diamond Ridge): 1. Resolution preliminarily approving Engineer's Report, setting date for public hearing of protests. RES 245-05 2. Resolution approving form and substance of acquisition and disclosure agreements and authorizing changes thereto and execution thereto. RES 246-05 AGR 05-361 AGR 05-362 AGR 05-363 AGR 05-364 e. Resolution of Application proposing proceeding for annexation of territory to the City identified as Annexation No. 497, consisting of 104 acres located generally east of South Union Avenue, north of East Berkshire Road. RES 247-05 f. Resolution determining that Bioxide, a proprietary chemical for sewer odor control and reduction of sulfide gas levels, cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof for a period of one (1) years, not to exceed budgeted amounts. RES 248-05 g. Resolution of Intention No. 1415 to add territory, Area 3-41 (Taft Hwy, Mountain Ridge N) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. ROl1415 Bakersfield, California, November 9, 2005 - Page 5 15 9 ACTION TAKEN 12. CONSENT CALENDAR continued ROl1416 Resolution of Intention No. 1416 to add territory, Area 4-41 (Comanche, Canyon SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. h. i. j. k. Agreements: Resolution of Intention No. 1417 to add territory, Area 4-42 (Niles, Brentwood NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. ROl1417 Resolution of Intention No. 1418 to order the vacation of a portion of Pacheco Road between Old River and Progress Roads, and, Progress Road between Harris and Pacheco Roads. ROl1418 Resolution of Intention No. 1419 to establish Traffic Signal Maintenance District TS-12 (Panama and Wible Shopping Center) preliminarily adopting, confirming and approving Public Works Director's Report. ROl1419 I. Final Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with Lennar Homes of California, Tract 6289 Unit 2, located north of Noriega Road and west of Allen Road. AGR05-365 AGR05-366 2. Final Map and Improvement Agreement with ADH Corporation, Tract 6232 Phase 4, located south of Zephyr Lane and west of South Sterling Road. AGR 05-367 AGR 05-368 3. Improvement Agreement with Pulte Homes Corporation for Tract 6149 Phase 4 located south of State Route 178 and west of Miramonte Drive. AGR 05-369 AGR 05-370 4. Final Map and Improvement Agreements with McMillin Ridgecrest, LLC, for Tract 6006 Phase 5 located north of McKee Road and east of Wible Road. AGR 05-371 160 Bakersfield, California, November 9, 2005 - Page 6 12. CONSENT CALENDAR continued ACTION TAKEN m. Safe Schools/Healthy Students Initiative "Connecting Communities Program": 1. Agreement with Bakersfield City School District to receive $40,000.00 for services pursuant to the Program. AGR 05-372 2. Appropriate $40,000.00 Federal Grant Revenues to the Police Department Budget in the General Fund for additional overtime costs. n. Storm Drain System Improvements north of Brimhall Road, west of Coffee Road: o. 1 Reimbursement Agreement with JP/CP Development, Inc. (not to exceed $260,000.00) to reimburse developer for storm drain system improvements. AGR 05-373 2. Appropriate $260,000.00 fund balance to the Capital Improvement Budget within the Transportation Development Fund. Agreement with Bob Murray & Associates (not to exceed $32,500.00) for executive search for Civil Engineer III(s) for the new Freeway Division of the Public Works Department. (Thomas Roads) AGR 05-374 p. Cooperative Agreements with State of California Department of Transportation (Caltrans) (Thornas Roads): 1. Preparation of the environmental document, project report, plans and specifications for the interchange on State Route 178 (24th Street) at Oak Street. AGR 05-375 2. Preparation of the environmental docurnent, project report, plans and specifications for the widening of State Route 178 (24th Street) between Oak Street and D Street. AGR 05-376 Bakersfield, California, November 9, 2005 - Page 7 161 12. CONSENT CALENDAR continued ACTION TAKEN q. Federal Transportation Project Staffing (Thomas REMOVED FOR Roads): SEPARATE CONSIDERATION 1. Approval of eight various staff positions for Federal Transportation Projects. 2. Transfer $400,000.00 of appropriations from the Capitallmprovernent Budget to the Operating Budget within the Federal Transportation Fund to cover salaries, benefits and other operational costs associated with staffing of this team. 3. Consultant Agreement with Parsons Transportation Group (not to exceed $100,000.00) to provide on-call engineering services to the City. r. Reimbursement Agreement with Castle & Cooke, AGR 05-378 Inc. ($1,100,000.00) for reconstruction of Stockdale Highway between Allen Road and Kern River Bridge. s. Fire Department Document Imaging Services: 1. Agreernent with Delta Microlmaging (not to AGR 05-379 exceed $25,000.00) for document imaging. 2. Appropriate $25,000.00 Fire Trust-Hazmat Penalty Account to the Fire Department's Operating Budget within the General Fund. t. Agreement with Bakersfield Sports Partners I, LLC AGR 05-380 for the Bakersfield Blitz Arena Football. Amendment NO.1 to Agreement No. CA04-047 with AGR 05-381 u. Kronick Moskovitz Tiedemann & Girard (not to exceed $50,000.00) for outside legal services for Mil/creek South-Redevelopment Project. v. Contract Change Order NO.1 to Agreement No. 05- AGR 05-182 CC01 182 with Granite Construction ($13,922.63 increase, for a revised total not to exceed $1,636,785.53) for the project known as Resurfacing Various Streets 2004/2005. 162 Bakersfield, California, November 9, 2005 - Page 8 12. CONSENT CALENDAR continued ACTION TAKEN w. Contract Change Order NO.2 to Agreement No. 04- AGR 04-268 CC02 268 with Kern County Construction Inc. ($31,273.00 for a total amount of $914,351.00) for construction of three concrete block pump houses and equipment for Ashe Water Wells. x. Contract Change Order Nos. 3 & 4 to Agreement AGR 04-296 CC03 No. 04-296 with Griffith Company ($73,058.85 AGR 04-296 CC04 increase, for a revised not to exceed $2,006,164.36) for the Stockdale Highway Sewer Irnprovement Project. y. Contract Change Order NO.4 to Agreement No. 04- AGR 04-338 CC04 338 with S. C. Anderson, Inc. ($13,593.95 increase, for a revised not to exceed $2,811,298.98) for the Park at River Walk Building Improvements. Contract Change Order NO.5 to Agreernent No. 04- AGR 04-339 CC05 z. 339 with S. C. Anderson, Inc. ($6,458.49 increase, for a revised not to exceed $5,696,608.80) for the Park at River Walk Site Irnprovernents. Bids: aa. Accept bid from Computer Configuration Services, Irvine ($138,620.63) for the purchase of an IBM Server and related software and equipment. bb. Accept rent proposal to award Lease Agreement to AGR 05-382 Donald Collins dba Progress Farms for the operation of the City of Bakersfield Municipal Farm for an annual rental incorne of $350,000.00 per year. Miscellaneous: cc. Accept a $2.000.00 grant donation from Wal-Mart and appropriate the $2,000.00 contribution to the Police Department operating budget in the General Fund for crime prevention. dd. Appropriate $103,574.00 developer share project costs to the Capital Improvement Budget within the Gas Tax Fund for completion of various landscaped medians. Bakersfield, California, November 9,2005 - Page 9 163 12. CONSENT CALENDAR continued ACTION TAKEN ee. Community Developrnent Block Grant (CDBG) Action Plan Amendment NO.7 (FY 03/04) and Amendment NO.1 (FY 05/06). 1. Transfer $260,000.00 project savings to the Baker Street Streets cape Improvement Project within the Capital Improvement budget of the CDBG fund. fl. Appropriate $65,000.00 additional park development fees (zone 1) to the Capital Improvement Budget within the Park Development Fund for the upgrade of benches with back rests for the mid level seating area at The Park at River Walk. gg. Request from Fox Theater Foundation for use of City staff and $12,000.00 of City funds to install a Fox Theater clock replica at the southwest corner of 20th Street and H Street. Motion by Vice-Mayor Maggard to approve Consent Calendar items 12.a. through 12.gg., with correction to the backup in item 12.e., and the removal of item 12.q. for separate consideration. Councilmember Benham expressed appreciation to Council for approving item 12.gg. for improvernents to the Fox Theater. Vice-Mayor Maggard thanked Walt Cook for his contribution in improving the Fox Theater. q. Federal Transportation Project Staffing (Thornas Roads): 1. Approval of eight various staff positions for Federal Transportation Projects. 2. Transfer $400,000.00 of appropriations from the Capital Improvement Budget to the Operating Budget within the Federal Transportation Fund to cover salaries, benefits and other operational costs associated with staffing of this team. AGR 05-377 3. Consultant Agreement with Parsons Transportation Group (not to exceed $100,000.00) to provide on-call engineering services to the City. ACTION TAKEN 164 Bakersfield, California, November 9, 2005 - Page 10 12. CONSENT CALENDAR continued Item 12.q. continued APPROVED Motion by Vice-Mayor Maggard to approve item 12.q. Recess taken from 7:12 p.m. to 7:17 p.m. 13. CONSENT CALENDAR HEARINGS 14. HEARINGS a. Protest Hearing for proposed Assessment District No. 05-1 (City in the Hills): RES 249-05 1. Resolution approving Final Engineer's Report, levying assessments, ordering improvernents and authorizing and directing related actions. RES 250-05 2. Resolution determining assessments rernaining unpaid. RES 251-05 3. Resolution authorizing issuance of bonds. RES 252-05 4. Resolution approving form and substance of preliminary official statement and bond purchase contract, authorizing rnodifications thereto and execution thereof, and authorizing related documents and actions. Public Works Director Rojas made staff cornrnents. Hearing opened at 7:19 p.m. No one spoke. Hearing closed at 7: 19 p.m. APPROVED Motion by Vice-Mayor Maggard to approve the Resolutions. 165 Bakersfield, California, November 9, 2005 - Page 11 14. HEARINGS continued ACTION TAKEN b. Hearing to consider public testirnony to consider public testimony to consider a request by taxicab companies to alter the current rate schedule. 1. Resolution establishing taxicab service charges. RES 253-05 Staff comments by Assistant City Manager Stinson, transiated into Spanish by Officer Pacheco. Hearing opened at 7:24 p.rn. No one spoke in opposition. Lester Stewart, Yellow Cab of Bakersfield, on behalf of the Taxicab Companies of Bakersfield, spoke in support of the rate increase proposal. Hearing closed at 7:27 p.m. Motion by Vice-Mayor Maggard to adopt the Resolution APPROVED 15. REPORTS a. Personnel Committee Report regarding Health Insurance Plan Changes and Medicare Part D. 10. PUBLIC STATEMENTS a. Margaret Ursin, City of Bakersfield retired employee, spoke regarding Insurance Plan Changes. City Manager Tandy made staff comments. Human Resources Director Hayden presented details of the compromise. Finance Director Smith provided clarification regarding plan costs and the Gatsby Rule. Motion by Councilmember Hanson to implement recommendations and approve the report. APPROVED Vice-Mayor Maggard requested staff facilitate discussion among concerned parties regarding strategies to allay the occurrence of difficult negotiations in the future. 166 Bakersfield, California, November 9,2005 - Page 12 ACTION TAKEN Councilmember Carson requested the Personnel Committee review the feasibility of including a retiree on the insurance committee. 16. DEFERRED BUSINESS a. Ward Reapportionment Process. Staff comments by Development Services Director Grady who presented options one through seven and eleven. Recess taken from 8:19 to 8:32 p.m. Councilmember Carson requested staff research increasing the number of Wards/Councilmembers. Councilmember Couch requested staff explore changing the current requirement that Wards be contiguous, increasing the number of Wards and report to Council at the next meeting. 17. NEW BUSINESS a. Resolution setting the dates of Regular City Council Meetings, Budget Hearings and Department Presentations for January through December 2006. Motion by Councilmember Couch to approved the proposed calendar with amendments to the proposed calendar months for July/August to be held on July l5ih, August 1ff' and 3dh. APPROVED 18. MAYOR AND COUNCIL STATEMENTS Council member Hanson complimented Dianne Hoover and the Recreation and Parks on job performance. Councilmember Hanson made comments regarding correspondence received from A YSO and requested an update. City Manager Tandy responded. Council member Couch thanked the Police Department for rapid response and requested Assistant Chief Lynn contact him tomorrow. 167 Bakersfield, California, November 9, 2005 - Page 13 18. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN Councilmember Benham made comments regarding the Veterans Memorial at Truxtun Ave. and S Street and the importance of the memorial to the community; staff to supplement information on the website with newly provided information,create a link from the City site to the Kern Veterans Memorial Foundation site and suggest to Kern Veterans Memorial Foundation they include on their website the ability for donations to be made on line. Councilmember Sullivan requested information regarding City/County holidays. City Manager Tandy responded. Councilmernber Sullivan made comments regarding the Veteran's Day Parade scheduled for Friday. Councilmember Sullivan requested staff increase police patrol near Valhalla and New Stine to cite speeders. Councilmember Sullivan requested police staff increase patrol on the east side of Stine near Ridgeview High School, particularly on Jackson Ridge, Blue River and White Gate to Acres; additionally staff review the benefit of speed bumps in residential areas and provide information regarding the location and effectiveness of current speed bumps in the area. Council member Carson invited Council to the Katrina Hope Dinner Monday, November 14, 6:00 p.m. at Hodel's. Council member Scrivner made cornments regarding Veteran's Day. Councilmember Scrivner made comments regarding the unveiling of the William M. Thomas terminal at Meadows Field. Councilmember Scrivner thanked staff for expeditious handling of referrals. Mayor Hall noted the City contributed $1.5 million dollars to the new air terminal. Vice-Mayor Maggard requested Public Works Director Rojas speak to him after the meeting regarding a potential hazard on the walking on Panorama. Vice-Mayor Maggard requested Assistant Chief Lynn speak to him regarding an incident in the 3700 block of Q Street. 168 Bakersfield, California, November 9,2005 - Page 14 18. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN Vice-Mayor Maggard requested Assistant Chief Lynn speak to him regarding graffiti along Auburn St. and encouraged the community to call 32-ERASE to abate graffiti. Vice-Mayor Maggard made comments regarding the Katrina Hope Dinner at Hodel's. Council member Scrivner thanked the CSUB fraternities, sororities and Guy Bowers, City graffiti employee, for conducting a graffiti clean-up last Saturday; additionally he encouraged community members to help fight graffiti. Mayor Hall expressed appreciation to the Recreation and Parks Departrnent for a successful Haunted Trail event and commended Dianne Hoover, Holly Larson and all the volunteers and City employees involved for their efforts. Mayor Hall complimented Assistant Chief Lynn for excellent custorner service and representation of the City. Mayor Hall made cornments regarding Teen Government Day. 19. ADJOURNMENT - MAYOR of the City of Bakersfield, CA ATTEST: ,/ iMh. ¿ /i .ß CITY CLERK and Ex Officio of the Council of the City of Baker