HomeMy WebLinkAbout02/23/05 CC MINUTES
533
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 23, 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,
Councilmembers
p.m.), Benham,
(5:17), Scrivner
Vice-Mayor Maggard,
Carson (seated at 5:18
Couch, Hanson, Sullivan
Absent: None.
2. PUBLIC STATEMENTS
None.
3. CLOSED SESSION
a. Closed Session pursuant to Government Code
Section 54957.6; Conference with Labor
Negotiator William Avery.
b.
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9; Bakersfield Fireman Labor
Organization v. City, et al.
REMOVED BY LEGAL
STAFF
Motion by Vice-Mayor Maggard to adjourn to Closed
Session at 5:16 p.m.
Motion by Councilmember Maggard to adjourn from
Closed Session at 6:34 p.m.
APPROVED
APPROVED
534
Bakersfield, California, February 23, 2005 - Page 2
RECONVENED MEETING - 6:40 p.m.
4. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
5. INVOCATION by Reverend Dr. Gregory C. Horn,
Westminster Presbyterian Church.
6. PLEDGE OF ALLEGIANCE by Arianna O'Neil, 1st Grade
Student at Franklin Elementary School.
Mayor Hall recognized Bakersfield College political
science students, Ridgeview High School students
and Boy Scout Troop 217 in attendance at the
meeting.
7. CLOSED SESSION ACTION
a.
Closed Session pursuant to Government Code
Section 54957.6; Conference with Labor
Negotiator William Avery.
b.
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9; Bakersfield
Fireman Labor Organization v. City, et al.
8. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to
representatives from 6 local Rotary Clubs,
proclaiming February 23, 2005, as Rotary
International Day.
Neil Walker accepted on behalf of all the Rotary
Clubs.
b. Presentation by Mayor Hall of Proclamation to Ann
D. Resnick, Race Director of Golden Empire Race
Management, proclaiming March 11-13, 2005, as
17th Annual Keyesville Classic Weekend.
Arin Resnick accepted the presentation and made
comments.
"_m__._'"_
ACTION TAKEN
NEGOTIATOR GIVEN
DIRECTION
REMOVED
535
Bakersfield, California, February 23, 2005 - Page 3
8.
PRESENTATIONS continued
ACTION TAKEN
c. Presentation by Vice - Mayor Maggard of Council
Proclamation to Allen Newsom in recognition of his
generous donation for the Specific Parks and Trails
Plan for Northeast Bakersfield.
Mr. Newsom accepted the Proclamation and made
comments.
9. PUBLIC STATEMENTS
a. Glenn Taplin spoke regarding sidewalks in
Southeast Bakersfield.
b. Wilton Smith spoke regarding the plight of the
homeless.
c. Ray Garcia spoke regarding vandalism, graffiti and
police response times in the Fairfax and Westholme
areas.
Councilmember Maggard requested staff contact Mr.
Garcia and provide resource information and arrange a
Neighborhood Watch meeting to encourage residents
to be proactive in maintaining their quality of life.
10. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 9, 2005 Council
Meeting.
Payments:
b. Approval of department payments from January 28,
2005 to February 10, 2005 in the amount of
$7,694,579.83 and self insurance payments from
January 28,2005 to February 10, 2005 in the
amount of $321,303.26.
536
Bakersfield, California, February 23, 2005 - Page 4
10.
CONSENT CALENDAR continued
Ordinances:
c.
First Reading of Ordinance adopting the Negative
Declaration and Title 17 of the Municipal Code and
Zoning Map No. 102-21 from R-S-5A (Residential
Suburban - 5 acre minimum) to M-2 (General
Manufacturing) zone on approximately three acres,
located at the southeast corner of Coffee Road and
Downing Road. (ZC04-1349) (Applicant: City of
Bakersfield)
d.
First Reading of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 102-21 from an RS-5A
(Rural Suburban - 5 acre minimum) zone to an
M-2 (General Manufacturing) zone on 7± acres,
located on the southwest corner of Meany Avenue
and Patton Way. (Applicant: Marino and Associates)
(ZC04-1430)
e.
First Reading of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 103-21 from a P
(Parking) zone to a C-2 (Regional Commercial)
zone on 7.7 acres, located on the south side of
Columbus Street, and on the east side of Haley
Street. (Applicant: Michael Dhanens) (ZC04-1473)
Resolutions:
f.
Resolution revising route and boundaries to
previously approved Expansion No. 20 of the
Southeast Metropolitan Bakersfield Enterprise Zone.
g. Sewer Connection Fee Assessment:
1.
Resolution confimning assessments for
sewer connection fee and authorizing the
collection of assessments by the Kern
County Tax Collector.
Agreement with Kuldip S. and Avtar K.
Sidhu, 1804 Faxon Avenue, to pay sewer
connection fee in installments and notice of
special assessment lien.
2.
ACTION TAKEN
FR
FR
FR
RES 036-05
RES 037-05
AGR 05-084
Bakersfield, California, February 23, 2005 - Page 5
537
10.
CONSENT CALENDAR continued
h.
Resolution adding territory, Area 1-47 (Jewetta, Rio
Bravo Canal 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.
i.
Resolution of Intention No. 1369 to add territory,
Area 1-54 (Brimhall, Calloway SW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving
Public Works Director's Report.
j.
Resolution of Intention No. 1370 to add territory,
Area 5-18 (S. Chester, Geneva SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
k.
Resolution of Intention No. 1371 to add territory,
Area 4-35 (Fairfax, Royal Coach 2) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
I.
Resolution of Intention No. 1373 to add territory,
Area 1-56 (Rosedale, Froelich SW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
m. Changes to Salary Schedule and Revised Job
Specification:
1.
Amendment No. 15 to Resolution No. 122-01
approving Memorandum of Understanding
for employees of the General Supervisory,
Police Supervisory and Management Units;
and adopting salary schedule and related
benefits for Engineering Technician II.
2. Revised job specification for Finance
Director.
-....--...-......---
ACTION TAKEN
RES 038-05
ROl1369
REMOVED FOR
SEPARATE
CONSIDERA TION
ROl1371
ROl1373
RES 122-01(15)
53ß Bakersfield, California, February 23, 2005 - Page 6
10. CONSENT CALENDAR continued ACTION TAKEN
Agreements:
n. Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreement with AGR 05-085
Pulte Home Corporation, for Tract
6149 Phase 3 located south of State Route
178 and west of Miramonte Drive.
2. Final Map and Improvement Agreement with AGR 05-069
Lennar Homes of California, Inc., for Tract
6177 Unit 2 located north of Hosking Avenue
and east of South H Street.
3. Final Map and Improvement Agreement with AGR 05-070
GMAC Model Home Finance, Inc. and
Lennar Homes of Califomia, Inc., for Tract
6156 Unit 5 located south of Pacheco Road
and east of Buena Vista Road.
4. Final Map and Improvement Agreement with AGR 05-071
Bakersfield Land Development, LLC, for AGR 05-072
Tract 6061 Phase 3 located north of Reina
Road and east of Allen Road.
5. Final Maps and Improvement Agreements AGR 05-073
with J & L Gardiner, LLC, for Tract 6234 Unit AGR 05-074
1, located south of Reina Road and west of
Old Farm Road.
6. Final Maps and Improvement Agreements AGR 05-075
with Ennis Homes, Inc., for Tract 6165 Unit 1
located south of Harris Road and east
of Akers Road.
o. Agreement with Froehlich, Inc. ($150,000.00) to AGR 05-076
purchase real property located east of Jenkins Road DEED 6202
and north of Brimhall Road for a water well site.
p. Agreement with KB Home Greater Los Angeles, Inc. AGR05-077
($140,000.00) to purchase real property located DEED 6203
west of Stine Road and north of Ryzona Drive for a
water well site.
q. Agreement with C. A. K. Farms, Inc. to lease City AGR 05-078
owned real property for farming operations located
at the northwest corner of Bear Mountain Boulevard
and Fairfax for one (1) year.
-'-'_.~'" --.. ""-.-.-
539
Bakersfield, California, February 23, 2005 - Page 7
10. CONSENT CALENDAR continued ACTION TAKEN
r. Master Agreement with LAFCO for future AGR 05-079
annexation indemnity agreements.
s. Agreement with Tite Enterprises ($30,000.00) to AGR 05-080
provide operated specialized equipment for the
removal of hyacinths and tulle from City water
facilities.
t. Agreement with Marderosian, Runyon, Cercone, AGR 05-081
Lehman & Armo (not to exceed $45,000.00) for
outside legal services in the matter of Bakersfield
Fireman's Labor Organization v. City.
u. Amendment No.1 to Agreement No. CA04-042 with AGR CA04-042(1)
Marderosian, Runyon, Cercone, Lehman & Armo
($50,000.00, total contract not to exceed
$75,OOO.00)for outside legal services in the matter
of Gary Willis v. City, et al.
v. Amendment NO.1 to Agreement No. 02-361 with AGR 02-361(1)
San Joaquin Fence & Supply to extend the term of
the agreement for a two month period with no
increase in compensation.
w. Amendment No.1 to Agreement No. 04-097/RA-005 AGR 04-097/RA-005(1)
with Bakersfield Redevelopment Agency for use of
Community Development Block Grant Funds for the
Old Town Kern-Mixed Use Project.
x. Amendment NO.1 to Agreement No. 01-041 with AGR 01-041(1)
Wilson & Associates (not to exceed $150,000.00)
to provide specialized assessment engineering
service for various assessment districts.
Bids:
y. Reject bids for construction of trunk sewer
replacement along Planz Road.
Miscellaneous:
z. . Revised job specification for Network Systems
Technician.
aa. Proposed HOME and Redevelopment Housing Set-
Aside Funded Down Payment Programs and
-Guidelines.
bb. Appropriate $210,000.00 Park Improvement Fund
Balance to reimburse Stonecreek Partners, Inc. for
Phase II of Stonecreek Park.
-'..,.-.
540
Bakersfield. California, February 23, 2005 - Page 8
10.
CONSENT CALENDAR continued
ACTION TAKEN
cc. Appropriate $60,000.00 fund balance to the
Southeast Redevelopment Project Area Capital
Improvement Budget for the acquisition of property
located at 15th and S Streets. (City Place Village-
Mixed Use Project)
dd. Appropriate $3,000.00 Pacific Gas and Electric
grant funds to the Old Town Kern-Pioneer Operating
Budget for small business workshops and
counseling by the Small Business Development
Center.
ee. Acceptance of Audit Reports for Fiscal Year ended
June 30, 2004:
1. Comprehensive Annual Financial Report
(CAFR).
2. Independent Auditors Report - Single Audit
Report - Schedule of Federal Expenditures.
3. Independent Auditors Report - Compliance
with contractual compliance relative to the
Bakersfield Subregional Wastewater
Management Plan.
4. Independent Auditors Report-
Appropriations Limit Worksheet (GANN
Limit).
5. Independent Auditors Report - Bakersfield
Centennial Garden. Convention Center
& Ice Sports Center.
ft. Commercial Refuse Compactor Service Levels:
1. Addition of two (2) Heavy Equipment
Operator positions within the Refuse
Enterprise Operation for two (2) added
refuse collection routes.
2. Appropriate $68,992.00 additional revenue
to the Public Works operating budget in
the Refuse Fund for staff and related
equipment operating costs for the remainder
of 2004-05 fiscal year.
Bakersfield. California, February 23, 2005 - Page 9
541
10.
CONSENT CALENDAR continued
Item 10.ft. continued
3. Transfer and appropriate $240,000.00 Refuse Fund
balance to the Public Works operating budget in the
Equipment Management Fund to purchase two (2)
additional roll off refuse trucks.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 10.a. through 10.ff. with the removal of
item 10.j. for separate consideration.
j.
Resolution of Intention No. 1370 to add territory,
Area 5-18 (S. Chester, Geneva SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
Motion by Councilmember Carson to approved item
10.j.
11. CONSENT CALENDAR HEARINGS
a.
Public hearing to consider Resolution making
findings and updating the Capital Improvement Plan
for the Metropolitan Bakersfield Habitat
Conservation Plan.
Hearing opened at 7:15 p.m.
No one spoke.
Hearing closed at 7:15 p.m.
Motion by Vice-Mayor Maggard to adopt the Resolution.
12. REPORTS
a.
Resolution adopting Council Policy on audit
reporting practices and rotation of audit firms.
Finance Director Klimko made staff comments.
Motion by Vice-Mayor Maggard to adopt the Resolution.
ACTION TAKEN
APPROVED
ROl1370
APPROVED
RES 039-05
APPROVED
RES 040-05
APPROVED
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Bakersfield, California, February 23,2005 - Page 10
13.
NEW BUSINESS
a.
Resolution designating Queretaro, Mexico, as a
Sister City of the City of Bakersfield.
Frank Trepichio, President of the Bakersfield Sister
City Project Corporation and Manual Arriola made
comments regarding Queretaro.
Councilmember Sullivan requested Council be
provided additional information regarding, and maps
of, the Queretaro area.
13. NEW BUSINESS
b. State Route 178 Shoulder Widening Project:
1.
Cooperative Agreement with State of
California Department of Transportation
($580,000.00) for construction of shoulder
widening on State Route 178 from
approximately Fairfax Road to the mouth of
the Kern River Canyon.
2. Appropriate $580,000.00 Transportation
Development Fund Balance to the Capital
Improvement Budget.
City Manager Tandy and Public Works Director
Rojas made comments; additionally Assistant
Public Works Director LaRochelle gave an overhead
presentation and provided handouts.
Motion by Vice-Mayor Maggard approve the Agreement
and appropriate funds.
14. MAYOR AND COUNCIL STATEMENTS
Councilmember Scrivner thanked Mayor Hall for his
leadership in establishing a Sister City relationship with
Queretaro Mexico; additionally for his representation
of the City at community events.
Councilmember Scrivner recognized staff on receiving the
Distinguished Budget Presentation Award from the
Government Finance Officer's Association for fiscal
year 2004/2005; additionally requested staff comment on
details of the award. City Manager Tandy responded.
ACTION TAKEN
RES 041-05
AGR 05-083
APPROVED
Bakersfield, California, February 23, 2005 - Page 11
543
14.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Benham thanked Public Works staff for
responding to her curb-side recycling request and
asked that the information be forwarded to the Keep
Bakersfield Beautiful Committee.
Councilmember Benham complimented staff at the
greenwaste facility and commented on
correspondence received from Guy Wilson expressing
appreciation for the staffs customer service at the site.
Councilmember Benham welcomed the invitation from
State Senator Florez to she and Councilmember Couch
to participate as members of a blue ribbon panel
addressing rail crossing safety in Kern County;
requested staff provide a cu"ent list of rail crossings
in the City limits, indicate what maintenance is
provided at the crossings and a schedule of that
maintenance.
Councilmember Benham commented on the passing of
Mary Stinson.
Councilmember Couch requested Planning and
Development Committee review the ability of the
City to provide traffic control devices, meeting of
wa"ants, liabilities, interfacing of State vehicle code
and City abilities to provide related devices at railroad
crossings and make available information to he and
Councilmember Benham for use on the blue ribbon
panel.
Councilmember Couch requested the Legislation and
Litigation Committee examine the possibility of
combining the Historic Preservation Committee with
another existing Committee.
Councilmember Couch complimented the City Manger,
manager's staff and the Police Chief for formulating a plan
for imminent implementation of immediate abatement of
graffiti and aggressive apprehension of graffiti vandals;
additionally he endorsed Councilmember Benham's plan to
prosecute graffiti vandals.
Councilmember Sullivan requested staff repair the
street south of Stockdale Christian School on Marella
Way.
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Bakersfield, California, February 23,2005 - Page 12
14.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Sullivan announced she had contacted
Chester Moland at Golden Empire Transit to suggest
routes in the Southwest be extended from Wible Road to
Hosking Road and was met with a favorable response.
Councilmember Sullivan made comments regarding graffiti
and suggested businesses have paint on hand to cover
graffiti immediately upon discovery.
Councilmember Sullivan welcomed soldiers, including her
granddaughter, returning to Camp Irwin from a tour of duty
in Kuwait.
Councilmember Hanson made comments regarding
unlawful signs and requested confirmation from Interim
Recreation and Parks Director Christensen that City
employees were removing signs as they are discovered.
Mr. Christensen responded.
Councilmember Hanson requested an update regarding
park equipment replacement and requested staff
provide a report on proposed park equipment
replacement in Ward 5.
Councilmember Carson reminded the community to utilize
the Victim/Witness Program and requested Chief Rector
reinforce her comments and that identities are protected.
Chief Rector responded.
Vice-Mayor Maggard expressed condolences to the Stinson
family of the death of Mary Stinson and to the Arnold
Family on the passing of Olen Arnold.
Vice-Mayor Maggard requested the Planning and
Development Committee address the lack of local
control regarding group homes when it takes up
the railroad issues.
Vice-Mayor Maggard thanked Ray Garcia for his concern
regarding his neighborhood and assured everyone graffiti
abatement is a Council priority.
Vice-Mayor Maggard requested staff aggressively
pursue avenues to control unlicensed street vendors
selling flowers.
Bakersfield, California, February 23,2005 - Page 13
5~4 5
15.
ADJOURNMENT
Mayor Hall adjourned the meeting at 8:10 p.m.
ACTION TAKEN
MAYOR of the City of Bakersfie ,CA
ATTEST:
CITY CLERK and Ex Officio erk of
the Council of the City of Bakers leld
546
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