HomeMy WebLinkAbout05/10/06 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 10, 2006
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 (seated at 5:19
p.m.) Benham, Couch, Hanson, Sullivan
(seated at 5:30) Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
None.
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4.
WORKSHOPS
CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) 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).
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at 5:16 p.m.
APPROVED
Motion by Vice-Mayor Maggard to adjourn from Closed
Session at 6: 18 p.m.
APPROVED
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Bakersfield, California, May 10, 2006 - Page 2
RECONVENED MEETING - 6:30 p.m.
5.
ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Council members Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
6. INVOCATION by Monsignor Ronald Swett, St. Phillip the
Apostle Church.
7. PLEDGE OF ALLEGIANCE by Brandon Frost, 5th Grade
Student at Ronald Reagan Elementary.
Mayor Hall acknowledged Boy Scout Troop 75 in
attendance at the meeting.
8. CLOSED SESSION ACTION
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (One case)
Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957(b)(1).
9. PRESENTATIONS
a.
b.
a. Presentation by Mayor Hall of Proclamation to Raul
Rojas, City Public Works Director, proclaiming May
21 - 27,2006, as "National Public Works Week".
Public Works Director Rojas accepted the
Proclamation and made comments.
b. Presentation by Mayor Hall of Proclamation to Fred
Drew, Executive Director, Community Action
Partnership of Kern, proclaiming May, 2006, as
Community Action Month.
Mr. Drew accepted the Proclamation and made
comments.
ACTION TAKEN
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NO REPORTABLE
ACTION
EVALUATION
WAS CONCLUCED
WITH A POSITIVE
OUTCOME
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Bakersfield, California, May 10, 2006 - Page 3
10.
PUBLIC STATEMENTS
Ronald Hebert spoke in opposition to building the
Federal Courthouse in the selected southwest
location and submitted written material, Riley Hebert
submitted a letter and read the content on behalf of
the Ronald Reagan Elementary School Parent
Club opposing the determined location, Donnel
Lester and Ann Gallon on behalf of the Buena Vista
Group of the Kern Kaweaha Chapter of the Sierra
Club, Stephen Montgomery and Bill Descary spoke
in opposition to locating the Federal Courthouse in
the chosen southwest location.
APPOINTMENTS
a. One (1) appointment to the Historic Preservation
Commission due to the expiration of term of
Michael Kephart whose term expired March 30,
2006.
Motion by Vice-Mayor Maggard to appoint Nancy
McNamee-Carter to a three year term on the Historic
Preservation Commission.
Councilmember Couch requested item 16.a. be
heard immediately after the Consent Calendar.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the April 26, 2006, Regular
City Council Meeting.
Payments:
b. Approval of department payments from April 14,
2006 to April 27, 2006 in the amount of
$6,863,819.07 and self insurance payments from
April 13, 2006 to April 27, 2006 in the
amount of $142,327.98.
Ordinances:
Resolutions:
c.
Amendment NO.1 to Resolution No. 304-04
adopting the McDonald Planned Sewer Area to
adjust time schedule which is necessary due to
delay in construction of the project.
36-9-
ACTION TAKEN
APPROVED
RES 304-04(1)
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Bakersfield, California, May 10, 2006 - Page 4
12. CONSENT CALENDAR continued ACTION TAKEN
d. Appointments to City Boards and Commissions: j
1. Resolution adopting Council Policy regarding RES 112-06
applications to fill vacancies on City Boards
and Commissions.
2. Resolution adopting Council Policy regarding RES 113-06
non ward based appointments to City
Boards and Commissions.
e. Resolution approving application proposing RES 114-06
proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 516
consisting of 25.94 acres of land located
north of Kern Canyon Road, generally east of
Morning Drive.
f. Resolution approving application proposing RES115-06
proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 518
located north of Panama Lane between South Allen
Road and Nord Avenue.
g. Resolution approving application proposing RES116-06
proceedings for annexation of uninhabited J
territory to the City identified as Annexation No. 534
consisting of 0.72 acres of land located on
Blomquist Drive, north of Belle Terrace, east of
McDonald Way.
h. Resolution approving application proposing RES 117-06
proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 535
consisting of 82.25 acres of land located at the
southwest corner of Snow Road and Allen Road.
i. Resolution adding territory, Area 1-63 (Allen, Snow RES 118-06
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.
j. Resolution adding territory, Area 3-47 (McCutchen, RES 119-06
Mountain Ridge 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.
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Bakersfield, California, May 10, 2006 - Page 5
CONSENT CALENDAR continued
k.
Resolution adding territory, Area 4-53 (Brundage, S
Chester 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.
Resolution adding territory, Area 4-54 (36th, Q 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.
Resolution adding territory, Area 5-24 (Cottonwood,
Planz 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.
Resolution adding territory, Area 5-25 (Cottonwood,
White SE) 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.
Resolution of Intention No. 1456 to add territory,
Area 5-26 (E Panama, S Union SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
I.
m.
n.
o.
Agreements:
p. Tract Maps and Improvement Agreements:
1.
Final Map and Improvement Agreements
with D. R. Horton Los Angeles Holding
Company, Inc. for Tract 6406 Phases 4 & 5
located east of Vineland Avenue and
south of Panorama Drive.
2. Final Map with Alexandra Ricks for Tract
6565 located north of Belle Terrace and
west of Taylor Street.
3.
Final Map and Improvement Agreement with
Pulte Homes Corporation for Tract 6149
Phase 7 located south of State Route 178
and west of Miramonte Drive.
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ACTION TAKEN
RES 120-06
RES 121-06
RES 122-06
RES 123-06
RO/1456
AGR 06-115
AGR 06-116
AGR 06-117
AGR 06-118
AGR 06-119
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Bakersfield, California, May 10, 2006 - Page 6
12.
CONSENT CALENDAR continued
Item 12 .p. continued
4. Final Map and Improvement Agreements
with K Hovnanian's Four Seasons at
Bakersfield, LLC, for Tract 6444 Phase 1
located north of Panorama Drive and east
of Vineland Road.
q. Environmental Impact Report (EIR) for General Plan
Amendment/Zone Change No. 06-0168 located
directly adjacent to the western boundary of the
City, south of Stockdale Highway, north of the Cross
Valley Canal and Kern River Parkway (Castle &
Cooke California, Inc.):
1. Agreement with Castle & Cooke California,
Inc. ($201,922.00) for the preparation of
an EIR and appropriate $201,922.00,
developer's contribution, to the Development
Services Operating Budget in the General
Fund.
Agreement between RBF Consulting and the
City of Bakersfield ($155,325.00) to prepare
an EIR for GPA/ZC No. 06-0168.
2.
r.
Bakersfield Municipal Airport:
1. Ground Lease Agreement with Richard
Macias, Sr. for purposes of constructing an
aircraft storage hangar for a monthly lease
fee of $40.00.
2. Ground Lease Agreement with Mark Manda
for purposes of constructing as aircraft
storage hangar for a monthly lease fee of
$40.00.
s.
Agreement with the Bakersfield Redevelopment
Agency for a $785,000.00 Equipment Fund Loan
for acquisition of property located 1400 Q Street
within the Southeast Redevelopment Project Area.
Agreement with Cat Harbor Properties, LLC; Lantz
Family L.P.; Sam-Sum Ventures, LLC; and, Wible
Investors II, LLC, to dedicate .76 acres and sell 87
acres of property located approximately 1300 feet
south of McKee Road on the east side of Akers
Road for a future park to the City for $30,450.00.
1.
ACTION TAKEN
AGR 06-120
AGR 06-121
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AGR 06-122
AGR 06-123
DELETED
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AGR 06-124
ASS COUCH
AGR 06-125
DEED 6407
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Bakersfield, California, May 10, 2006 - Page 7 373
12. CONSENT CALENDAR continued ACTION TAKEN
l u. Future Fire Station Location Analysis: REMOVED FOR
sEPARA TE
1. Agreement with Citygate Associates, LLC cONslDERA TION
($42,620.00) to prepare future fire station
location analysis.
2. Appropriate $42,620.00 General Fund
Balance to the Fire Department Capital
Improvement Budget.
v. Memorandum of Understanding with the REMOVED FOR
County of Kern for joint effort to develop a sEPARA TE
metropolitan area refuse transfer station. CONSIDER A TION
w. Amendment NO.1 to Agreement No. 05-429 with AGR 05-429(1)
Bright House Networks, LLC, adding
wireless internet services access at The Park at
River Walk.
x. Amendment NO.1 to Agreement No. 04-380 AGR 04-380(1)
($35,000.00; revised not to exceed $603,700.00)
with Dokken Engineering to provide design services
for the Allen Road Bridge Project.
l Bids:
y. Accept bid from Gladding McBean ($1,473,400.50)
for the purchase of sewer pipe for the
Brundage Lane Sewer Line Replacement Project
(Union Avenue to Mt. Vernon Avenue)
z. Accept bid and award contract to ThyssenKrupp AGR 06-128
Elevator Corporation ($125,017.00) for City Hall
elevator modernization.
aa. Accept bid from Stewart Electric ($47,672.63) for
decorative bollards for the Chester Avenue
Streetscape project.
bb. Accept bid from Urner's ($58,275.36) for televisions
for the Rabobank Arena Suites and Clubroom.
cc. Accept bid from Bakersfield Truck Center
($237,357.80) for two (2) replacement three-axle
dump trucks with demolition bodies for the Streets
Division.
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Bakersfield, California, May 10, 2006 - Page 8
CONSENT CALENDAR continued
Miscellaneous:
dd. Revised job specification for Parks Superintendent.
Grant of easement to P. G. & E. to provide electrical
service to water well site located at 5108 Trinidad
Lake Way.
Grant of easement to P. G. & E. to provide electrical
service to water well site located at 8213 Stonecrest
Way.
gg. Appropriate and transfer $500,000 General Fund
balance to the Capital Improvement budget within
the Capital Outlay Fund for the City's street
preventative maintenance program.
ee.
ff.
hh. Appropriate $14,800 General Fund balance to the
Fire Department Capital Outlay Budget within the
General Fund for the purchase of grant funded
triage beds.
Appropriate $18,700 Federal Grant Revenue to the
General Fund Fire Department Operating Budget for
reimbursement of overtime costs associated with
City staff responding to the Hurricane Katrina
disaster relief efforts.
ii.
jj. Metropolitan Medical Response System (MMRS) FY
2005 Grant:
1. Accept Federal MMRS grant of $220,764 for
FY 05/06.
2. Appropriate $220,764 Federal Grant
Revenue to the Fire Department General
Fund Operating Budget.
City Clerk McCarthy announced the deletion of item
12.r. at the request of staff and correction to items
12.u.2. and 12.w.
Motion by Vice-Mayor to approve Consent Calendar
items 12.a. through 12. jj. with the deletion of item
12.r., correction to items 12.u.2 and 12.w. and the
removal of items 12.u. and 12. v. for separate
consideration.
Councilmember Couch announced a conflict of
interest on item 12.s. due to a potential source of
income.
ACTION TAKEN
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DEED 6408
DEED 6409
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APPROVED
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Bakersfield, California, May 10, 2006 - Page 9
12.
CONSENT CALENDAR continued
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u.
Future Fire Station Location Analysis:
1. Agreement with Citygate Associates, LLC
($42,620.00) to prepare future fire station
location analysis.
2. Appropriate $42,620.00 General Fund
Balance to the Fire Department Capital
I mprovement Budget.
Motion by Councilmember Couch to approve the
Agreement and appropriate funds.
v.
Memorandum of Understanding with the
County of Kern for joint effort to develop a
metropolitan area refuse transfer station.
Councilmember Couch requested staff obtain a copy of
the application submitted to KernCOG and provide
the information to the San Joaquin Valley Air
Pollution Control District for addition to their
agenda.
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Vice-Mayor Maggard requested staff enlist the aid of
Supervisor Rubio and report back to him.
Motion by Councilmember Couch to approve the
Memorandum of Understanding.
16. DEFFERRED BUSINESS
a.
Resolution in support of downtown Bakersfield
location for Federal Courthouse and urging General
Services Administration to work with City and
downtown property owners.
City Clerk McCarthy announced correspondence
was received from staff forwarding additional back-
up information.
City Manager Tandy made staff comments.
Motion by Councilmember Benham to approve the
Resolution.
13. CONSENT CALENDAR HEARINGS
None.
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ACTION TAKEN
AGR 06-126
APPROVED
AGR 06-127
APPROVED
RES 124-06
APPROVED
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Bakersfield, California, May 10, 2006 - Page 10
14.
HEARINGS
a.
Public Hearing to consider Resolution adopting the
2005-2026 Regional Transportation Facilities List
and Fee Schedule.
Public Works Director Rojas made staff comments.
Hearing opened at 7:15 p.m.
No one spoke.
Hearing closed at 7: 15 p.m.
Motion by Councilmember Maggard to adopt the
Resolution.
15. REPORTS
a. Legislative and Litigation Committee Report on
elimination of the Intergovernmental Relations
Committee.
Staff comments by Assistant City Manager
Christensen.
Motion by Councilmember Scrivner to approve the
item.
b. Presentation of the Proposed FY 2006-07 Budget.
City Manager Tandy made a computer presentation
with the aid of Assistant City Managers Stinson and
Christensen and provided handouts.
Vice-Mayor Maggard requested staff provide
information on the proposed increase in staffing levels
in Streets from the 2005-2006 Budget to the 2006-2007
Budget.
Council member Scrivner an update on the long term
effects of unfunded liabilities during the upcoming budget
meetings.
17. NEW BUSINESS
None.
ACTION TAKEN
RES 125-06
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APPROVED
APPROVED
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18.
MAYOR AND COUNCIL STATEMENTS
ACTION TAKEN
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Councilmember Benham requested staff research
including the full bikepath on all City maps and report
back to her regarding the feasibility.
Councilmember Benham requested staff analyze the
feasibility of implementing an SRO hotel program for
marginally homeless people, provided an article on the
subject and requested staff report back to her.
Councilmember Benham commended staff on a job well
done at the opening of Riverwalk Park.
Council member Benham thanked City Attorney Gennaro for
implementing the Community Prosecution Program.
Council member Carson made comments regarding the
coming budget review.
Councilmember Carson made comments about the recent
shooting at the Rockin' Rodeo and encouraged anyone with
information regarding the incident come forward and
contact authorities; additionally she made comments
regarding overcoming violence in the community.
Councilmember Hanson requested staff analyze
recovering costs from protests and make a
recommendation regarding the need for the Legislation
and Litigation Committee to address the issue.
Councilmember Hanson requested information regarding
gang activity in Silver Creek Park last Sunday. Chief
Rector responded.
Councilmember Hanson read a letter complimenting the
staff and community, from a resident of Van Nuys, on the
successful opening of Riverwalk Park.
Councilmember Sullivan made comments regarding
violence in the community.
Councilmember Sullivan noted the presence of former
Finance Director Gregory Klimko at the meeting.
Councilmember Sullivan made comments regarding the
opening of Riverwalk Park and anticipating the Sports
Village.
Councilmember Sullivan requested staff repave
Edmonton Street and report back to her when this jOb
will be scheduled.
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Bakersfield, California, May 10, 2006 - Page 12
18.
COUNCIL AND MAYOR STATEMENTS
Councilmember Sullivan requested information
regarding the schedule for repaving Surrey Ln., Carlton
and Emerson.
Councilmember Sullivan requested staff repair street
lights in the area of Planz and Akers.
Councilmember Sullivan made comments regarding Jim
Burke and Bob Karpe who received the General William
Booth Lifetime Achievement Award from the Salvation
Army.
Councilmember Couch requested the Legislation and
Litigation Committee analyze incorporating a portion
from the County Cool Parents Ordinance into the City
Ordinance.
Councilmember Couch requested staff provide an
update on the Verdugo/Shellebarger Project.
Councilmember Couch requested staff abate graffiti on
the Stockdale Hwy. bridge westbound on the bikepath.
Councilmember Couch requested staff review the Park
Ambassador Program and report back to Council.
Council member Couch requested information regarding a
power outage plan. Public Works Director and Chief
Rector responded.
Councilmember Couch made comments regarding an
article in Western City regarding Bakersfield.
Councilmember Couch thanked staff for the Park at
Riverwalk.
Councilmember Scrivner requested staff close off
access on a cul-de-sac at Chadbourn Street.
Vice-Mayor Maggard requested an update on the number
of people waiting to rent facilities at the Park at Riverwalk.
Recreation and Parks Director Hoover responded.
Vice-Mayor Maggard requested staff present an
evacuation plan at the next meeting should evacuation
be necessary due to the Lake Isabella Dam being
compromised.
ACTION TAKEN
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Bakersfield, California, May 'j 0, 2006 - Page 13
COUNCIL AND MAYOR STATEMENTS continued
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ACTION TAKEN
Vice-Mayor Maggard requested staff notify Rockin'
Rodeo management of the next Safe Neighborhoods
and Community Relations Committee meeting and
request their attendance.
Vice-Mayor Maggard requested staff contact him
regarding issues on Stone Canyon and Auburn Streets,
an abandoned construction project in an alley and
issues reported by Tony Pieto, Arthur Tiejerena and
David Stanton.
Vice-Mayor Maggard requested staff address concerns
outlined in David Stanton's correspondence and assist
Riverlakes residents with drainage issues caused by
areas outside their area using the lake as a retention
basin.
19. ADJOURNMENT
ATTEST:
Mayor Hall adjourned the m
MAYO of the City of Bakersfield, CA
CITY CLERK and Ex Officio
the Cou ncil of the City of Bak
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