HomeMy WebLinkAbout10/25/06 CC MINUTES89
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 25, 2006
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan (seated at 5:22 p.m.),
Scrivner
Absent: None.
2. PUBLIC STATEMENTS
Dennis Fox spoke regarding flooding.
3. WORKSHOPS
a. Presentation by the California Partnership for the
San Joaquin Valley regarding the needs of
21 S' Century Opportunity".
Councilmember Benham, member of the California
Partnership for the San Joaquin Valley, introduced
fellow members Supervisor Barbara Patrick and Ray
Dezember, who gave an overview of the project.
Motion by Councilmember Couch to approve in
concept the Draft Strategic Action Proposal enfitled
"The San Joaquin Valley's California 215 Century
Opportunity".
4. CLOSED SESSION
a. Conference with Legal Counsel -Existing Litigation;
Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 regarding
Elizabeth Ann Peel, et al v. City.
b. Conference with Legal Counsel -Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. (One issue)
ACTION TAKEN
APPROVED
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Bakersfield, California, October 25, 2006 -Page 2
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at 5:37 p.m.
Mofion by Councilmember Benham to adjourn from
Closed Session at 6:18 p.m.
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
Present: Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent: None.
6. INVOCATION by Pastor Kevin Rhamie, Southside Seventh
Day Adventist Church.
7. PLEDGE OF ALLEGIANCE by Alexandria Crisler, 5'h Grade
Student at Shirley Lane Elementary School.
City Manager Tandy introduced the new Human
Resources Manager, Javier Lozano.
Mofion by Vice-Mayor Maggard to move Deferred
Business item 16.a. forward to follow Hearing item 14.b.
8. CLOSED SESSION ACTION
a. Conference with Legal Counsel -Existing Litigation;
Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 regarding
Elizabeth Ann Peel, et al v. City.
b. Conference with Legal Counsel -Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. (One issue)
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Nan
Coke, Community Educator, Optimal
Hospice Care, proclaiming November 2006, as
National Hospice and Palliative Care Month.
ACTION TAKEN
APPROVED
APPROVED
APPROVED
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
rri
Nan Coke accepted the Proclamation on behalf of
Optimal Hospice and made comments.
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Bakersfield, California, October 25, 2006 -Page 3
9. PRESENTATIONS continued ACTION TAKEN
b. Presentation by State of California Department of
Housing and Community Development Workforce
Housing Representative of a Workforce Housing
Program Grant Award ($598,126) for Sport Village
Park.
EDCD Director Kunz made comments and
introduced Jennifer Seger, State of California
Department of Housing and Community
Development. Ms. Seger presented the ceremonial
check for $598,126 to the City of Bakersfield.
10. PUBLIC STATEMENTS
a. Rudy Salas introduced himself as the new District
Director for State Senator Dean Florez.
b. Scott Howry, Rich O'Neil, Joanne Newberry, Bob
Moses and Lorraine Unger spoke regarding the
Hillside Ordinance.
11. APPOINTMENTS
None.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 18, 2006,
Joint City/County Meeting and October 11, 2006,
Regular City Council Meeting.
Payments:
b. Approval of department payments from September
29, 2006 to October 12, 2006 in the amount of
$10,726,885.26 and self-insurance payments from
September 29, 2006 to October 12, 2006 in the
amount of $191,040.54.
Ordinances:
c. Adoption of Ordinance amending Subsection B of ORD 4387
Section 13.12.030 of the Municipal Code relating to
Standard Design Manuals.
d. Adoption of Ordinance repealing Section 15.64.380 ORD 4388
of the Municipal Code relating to Fire Department
members assuming duties of peace officers.
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Bakersfield, California, October 25, 2006 -Page 4
12. CONSENT CALENDAR continued ACTION TAKEN
e. Adoption of Ordinance amending Title 17 (Zone
Map No. 123-11) of the Municipal Code
by changing the zoning from R-3 (Limited Multi-
Family Dwellings-1,250 sq ft/dwelling unit) to
C-O (Professional and Administrative Office) on
11,974 sq ft (0.27 acres) located at the
northwest corner of Akers Road and Ardmore
Avenue. (ZC 06-0620) (Applicant: McIntosh &
Associates/Property Owner: ETMM Partnership
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 (Zone Map
No. 102-06) of the Municipal Code by changing the
zoning from E-5A (Estate-5 acre minimum lot size)
to C-2 (Regional Commercial) on 18.79 acres
located at the northwest corner of Snow Road and
Calloway Drive (ZC 06-0380) (Applicant: Marino
and Associates/Property Owner: Julia Randolph, et
al)
Resolutions:
g. Resolutions approving applications proposing
proceedings for annexation of uninhabited and
inhabited territory to the City identified as:
1. Annexation No. 505 consisting of 54.34
acres located west of Cottonwood Road,
generally north of Panama Lane.
2. Annexation No. 562 consisting of 99.50
acres located at the northeast corner of
Snow Road and Coffee Road, west of
Beardsley Canal.
3. Annexation No. 564 consisting of 73.54
acres located west of the Beardsley Canal,
east and west of Coffee Road.
4. Annexation No. 528 consisting of 22.06
acres, located west of S. Chester Avenue
and north of E. White Lane, generally west of
S. Union Avenue.
ORD 4389
ORD 4390
RES 269-06
RES 270-06
RES 271-06
RES 272-06
Bakersfield, California, October 25, 2006 -Page 5 9
12. CONSENT CALENDAR continued ACTION TAKEN
h. Sewer connection fee assessment for 112 E. 7tn
Street:
1. Resolution confirming assessment for sewer RES 273-06
connection fee and authorizing the
collection of assessment by the Kern County
Tax Collector.
2. Agreement with Camilo Ramirez Gutierrez & AGR ~-311
Patricia F. Gutierrez to pay sewer
connection fee in installments and notice of
special assessment lien.
Resolution determining that Bioxide, a proprietary RES 274-06
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) year, not to
exceed budgeted amount of $300,000.
j. Purchase of Motorola Radio Equipment:
1. Resolution determining that Motorola radio RES 275-06
equipment cannot be obtained through
the usual bidding procedures and authorizing
the Finance Director to dispense with
bidding therefore, not to exceed $700,000.
2. Approve the purchase of replacement
mobile, portable and fixed radio equipment
from Motorola Communications, Inc.
($700,000).
k. Memorandums of Understanding for Fire Units:
1. Resolution approving the Memorandum of RES 276-06
Understanding setting salaries and related
benefits for the Firefighters and Engineers
Unit of the Fire Department.
2. Resolution approving the Memorandum of RES 277-06
Understanding setting salaries and
benefits for the Fire Supervisory Unit of the
Fire Department.
Resolution of Intention No. 1489 to add territory, ROI 1489
Area 5-30 (Berkshire, S. Union NW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
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Bakersfield, California, October 25, 2006 -Page 6
12. CONSENT CALENDAR continued ACTION TAKEN
m. Resolution of Intention No. 1490 to add territory,
Area 4-64 (8th, R NW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works
Director's Report.
Agreements:
n. Final Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements
with Fairway Oaks South, L.P. for Tract
6079 Phase 4 located south of Southern
Pacific Railroad on Mountain Vista Road.
2. Final Map and Improvement Agreements
with Lennar Homes of California, Inc. for
Tract 6290 Phase 3 located at the southeast
intersection of McKee Road and
Mountain Ridge Drive.
3. Final Map and Improvement Agreements
with Lennar Homes of California, Inc. for
Tract 6351 Phase 2 located northeast of
Berkshire Ridge Drive and Ashe Road.
4. Final Map and Improvement Agreements
with K. Hovnanian's Four Seasons of
Bakersfield, LLC for Tract 6444 Phase 2
located north of Panorama Drive and east of
Vineland Road.
5. Final Map with Bakersfield Oak Park, LLC for
Tract 6482 located at the southwest
intersection of Hageman Road and Fruitvale
Avenue.
o. Metropolitan Bakersfield Transfer Station and
Refuse Recycling Programs:
1. Agreement with Kern County to share in
costs (City's share not to exceed $150,000)
to hire consultant to prepare grant
applications for the Metropolitan Bakersfield
Transfer Station and Recycling Programs.
2. Appropriate $150,000 Refuse Fund Balance
to the Public Works Department
operating budget to fund City's share of
consultant cost.
ROI 1490
AGR 06-312
AGR 06-313
AGR 06-314
AGR 06-315
AGR 06-316
AGR 06-317
AGR 06-318
AGR 06-319
Bakersfield, California, October 25, 2006 -Page 7
12. CONSENT CALENDAR continued
p. Agreement with Bethany Services ($60,880
Emergency Shelter Grant funds) to support the
operating costs necessary to continue services at
the Bakersfield Homeless Center located
at 1600 E. Truxtun Avenue.
q. Agreement with Alliance Against Family Violence
and Sexual Assault ($15,185 Emergency
Shelter Grant funds) to support the operating costs
necessary to continue services.
r. Bakersfield Municipal Airport Ground Leases:
1. Agreement with Richard Macias, Sr. for
purposes of constructing an aircraft storage
hangar for a monthly lease fee ($40).
2. Agreement with Harry Hackney for purposes
of constructing an aircraft storage
hangar for a monthly lease fee ($40).
s. Amendment No. 1 to Agreement No. 06-051 with
State of California (not to exceed $13,421.23
annually) for maintenance of State Highways in the
City.
Bids:
t. Reject all bids for the Fire Station No. 11 roof
replacement project.
u. Extend bid from Quinn Company ($208,217.30) for
one (1) replacement articulated four- wheel drive
loader for the Public Works Department Solid Waste
Division.
v. Accept bid from Yale Industrial Trucks Central
California ($74,829.39) for additional forklifts
for Public Works.
w. Accept bid and award annual contract to RM
Industries (not to exceed $80,000) to provide
janitorial and hardscape maintenance services for
the Amtrak Station.
x. Accept bid and award annual contract to United
Pacific Services (not to exceed $250,000) for tree
trimming.
y. Accept bid and award contract to Jim Clawson
Automotive Equipment ($244,934) for two (2)
50,000 pound two-post lifts for the Fleet Services
maintenance shop.
ACTION TAKEN
AGR 0620
AGR 06-321
AGR 06-322
AGR 06-323
AGR 06-051(1)
AGR 06-324
AGR 06-325
AGR 06-326
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Bakersfield, California, October 25, 2006 -Page 8
12. CONSENT CALENDAR continued
Miscellaneous:
z. Federal Supply Surplus Program:
1. Acceptance of 11 cab and chassis vans from
General Services Administration
Federal Supply Surplus Program.
2. Appropriate $15,000 Equipment
Management Fund balance to the Public
Works Department operating budget to fund
miscellaneous costs associated with
acquisition of the vans.
aa. Gang Resistance Education and Training
(G.R.E.A.T.) grant award from U. S. Department
of Justice:
Appropriate $206,864 Federal Grant
Revenues to the General Fund Police
Operating Budget.
2. Authorize (1) Police Officer position.
3. Authorize (1) Clerk Typist position.
bb. Appropriate $1,000,000 Additional Water Revenue
to the Capital Improvement Budget within the
Agriculture Water Fund toward construction of the
Mill Creek Project.
ACTION TAKEN
cc. Appropriate $2,400 Transportation Development Act
Article 3 Grant for bicycle storage lockers at the Ice
Sports Center and McMurtrey Aquatic Center to the
Capital Improvement Budget within the Bikeway and
Pedestrian Pathway Fund.
dd. Transfer $1,300,000 from several budgeted Capital DEED 6545
Improvement Projects and appropriate same
amount to the Public Works Capital Improvement
Budget for acquisition of property for the Westside
Parkway within the Transportation Development
Fund.
ee. Dedication of freeway right of way at Ashe Road
and Taft Highway to Caltrans
City Clerk McCarthy announced a correction to item
12.n.3. to read, "Tract 6351 Phase 2 located at the
northeast intersection of Berkshire Road and Ashe
Road."
Bakersfield, California, October 25, 2006 -Page 9
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13.
14.
Motion by Vice-Mayor Maggard to adopt Consent
Calendar items 12.a. through 12.ee., wifh correction to
item 12.n.3.
CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution ordering the
vacation of portions of Owens Street, E. 19`h Street
and the alley located at the northwest corner of E.
Truxtun Avenue and Gage Street.
b. Public Hearing to consider resolution approving an
amendment to the Specific Parks and Trails Plan for
Northeast Bakersfield to add the Rio Bravo
annexation area into the plan. (Applicant: San
Joaquin Engineering)
Hearings opened at 7:04 p.m.
No one spoke.
Hearings closed at 7:04 p.m.
Motion by Councilmember Maggard to approve
Consent Calendar Hearings 13.a and 136.
HEARINGS
a. Public Hearing to consider Resolution of Necessity
to consider the acquisition by eminent domain of
property owned by B H Investments, Inc., located at
2144 Parker Lane, for the Westside Parkway.
City Manager Tandy and City Attorney Gennaro
made staff comments.
Hearing opened at 7:08 p.m.
No one spoke.
Hearing closed at 7:08 p.m.
Motion by Vice-Mayor Maggard to adopt the Resolution
of Necessity.
ACTION TAKEN
APPROVED
RES 278-06
RES 279-06
APPROVED
RES 280-06
DEED 6546
APPROVED
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14. HEARINGS continued ACTION TAKEN
b. Public Hearing to consider the proposed
expenditure plan for the Supplemental Law
Enforcement Services Funding (S.L.E.S.F.) grant.
1. Appropriate $606,924 State Grant revenues
to the Police Operating Budget within the
S.L.E.S.F. Fund.
Assistant Chief Lynn made staff comments.
Hearing opened at 7:11 p.m. ,
No one spoke.
Hearing closed at 7:11 p.m.
Motion by Councilmember Carson to approve the APPROVED
expenditure and appropriate funds.
16. DEFERRED BUSINESS
a. First Reading of Ordinance approving a Negative FR
Declaration and amending Chapter 17.66 of the
Municipal Code relating to HD, Hillside Development
Combining Zone.
City Clerk McCarthy announced correspondence
was received regarding this item, one letter in
support of the Ordinance and one letter in
opposition to the Ordinance.
Development Services Director Grady made staff
comments.
Motion by Vice-Mayor Maggard to give First Reading to APPROVED
the Ordinance Amendment.
Bakersfield, California, October 25, 2006 -Page 11
15. REPORTS ACTION TAKEN
a. Reports from Pacific Gas & Electric Company (P G
& E):
1. Report on SmartMeter Communication AGR 06327
Equipment and, Agreement with P G & E for
the purpose of allowing attachment of
SmartMeter communication equipment to
City-owned street light poles at various
locations in the City.
Scott Loveless, PG&E gave a computer
presentation on SmartMeter Communication
Equipment.
2. Report on Sale of Kern Power Plant located
on Rosedale Highway.
Craig Schmidt gave a report on the sale of the Kern
Power Plant on Rosedale Highway.
Motion by Councilmember Couch to approve fhe APPROVED
Agreement.
b. Report regarding space needs in the City.
Assistant City Manager Stinson gave a presentation
and provided handouts.
Coucilmember Couch requested the committee provide
Council with regular status updates regarding space
needs.
Motion by Councilmember Benham to refer the issue to APPROVED
the Planning and Development Committee.
c. Report on the General Services Administration
(GSA) response to the City/Bakersfield
Redevelopment Agency letter regarding a Federal
Courthouse in Downtown.
Councilmember Benham requested staff explore the
concept of utilizing the east portion of Central Park for
a possible location and meet as soon as feasible
with the GSA and Court in an effort to resolve
differences regarding space requirements and a
donated site.
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Bakersfield, California, October 25, 2006 -Page 12
17. NEW BUSINESS
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested staff respond to
two items and provided contact information.
Councilmember Benham invited colleagues and citizens
to attend dedication of the Korean War Veterans
Memorial in Jastro Park at 10:00 a.m. Saturday, October
28, 2006.
Councilmember Benham extended best wishes to Vice-
Mayor Maggard's son, Andrew, who is leaving tomorrow for
the military.
Councilmember Benham requested Mayor Hall adjourn the
meeting in memory of Lester Domenico Baroncini, Jr., who
died October 15th while serving our country in Iraq.
Councilmember Couch requested staff evaluate
assisting LAFco by granting that organization
permission to utfliie the City Council Chamber facility
for meetings and telecasting purposes and possible
fees for those services.
Councilmember Couch requested the Mayor recognize Dr.
Levin for his contribution to Bakersfield College.
Councilmember Couch complimented Luis Peralez on his
exceptional service to the City.
Councilmember Couch requested staff provide Council
a report regarding long term improvements at the
intersection of Truxtun Extension and Coffee.
Councilmember Couch requested information
regarding the feasibility of crediting tax monies to
residents of gated communities since those
communities do not receive street sweeping services.
Councilmember Couch requested the Planning and
Development Committee address jointly working with
the County on a General Plan Update.
Councilmember Couch requested the Planning and
Development Committee analyze making block wall
extensions such as those at the northeast corner of
Coffee and Snow a standard condition and part of
the current Ordinance.
ACTION TAKEN
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Bakersfield, California, October 25, 2006 -Page 13
18. COUNCIL AND MAYOR STATEMENTS continued
Councilmember Couch requested Finance Director
Smith contact him regarding updating the Investment
Policy and utilization of professional money managers.
Councilmember Carson requested staff provide
information regarding a completion dafe for repair of
streets, west of Chester, between Chester and H Street,
on Sylvia Drive and Antonio Way.
Councilmember Carson requested the next Council
meeting be adjourned in memory of Lueether Ward.
Councilmember Scrivner thanked staff for expeditious
response to his referrals.
Councilmember Scrivner made comments regarding the
shooting in Ward 7, extended condolences to the family of
the deceased and to the surviving victims.
Councilmember Hanson made comments regarding a letter
of appreciation from Terry Purrington.
Councilmember Hanson requested staff evaluate the
feasibility of expediting the construction of the park
planned off of Buena Vista.
Councilmember Hanson requested information regarding
recruitments. City Manager Tandy responded.
Councilmember Hanson thanked Planning Director Movius,
Fire Chief Fraze and others involved staff for work on the
Hillside Ordinance Amendment; additionally expressed
appreciation for Debbie Marino from the Chamber of
Commerce for presenting that organization's view.
Coucilmember Hanson requested staff provide a status
update regarding URS. Public Works Director Rojas
responded.
Councilmember Hanson requested staff respond to an
email from Krista Clark.
Councilmember Hanson requested information
regarding the drainage issue at Montalvo and Dos Rios.
Public Works Director Rojas responded.
ACTION TAKEN
Councilmember Sullivan made comments regarding the
shootings in Ward 7.
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Bakersfield, California, October 25, 2006 -Page 14
18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Sullivan made comments regarding the
retirement of George Gonzales.
Councilmember Sullivan requested Recreation and
Parks Director Hoover present an update regarding
Christmas decorations at the next Community Services
Committee meeting.
Councilmember Sullivan requested Recreation and
Parks Dlrector Hoover plan Christmas decorations for
City Hall and City Hall grounds, particularly at the
corner of Truxtun and Chesfer.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 9:35 p.m..
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Jerk of
the Council of the City of Bakersfield