HomeMy WebLinkAbout11/09/05 CC MINUTES
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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
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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