HomeMy WebLinkAbout01/26/05 CC MINUTES509
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
JANUARY 26, 2005
City Council Chamber, City Hall, 1501 Truxtun Ave.
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, Benham, Couch, Hanson, Sullivan (seated at
5:33 p.m.), Scrivner
Absent: None
2. PUBLIC STATEMENTS
None.
3. REPORTS/WORKSHOPS
a. Update on Capital Improvement Program Budget.
Public Works Director Rojas introduced Engineer Arnold
Ramming who provided the update and handouts.
Councilmember Benham requested staff provide information
regarding any delayed projects in order to respond to citizen
inquires
Vice-Mayor Maggard requested staff assist in responding to the
Royal Coach Homeowners Association's concerns involving
construction of the Bike Path Extension.
510
Bakersfield, California January 26, 2005 - Page 2
CLOSED SESSION
Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9 regarding the following cases:
Bakersfield Citizens for Local Control v. City (Walmart
- Panama/99 & Gosford Village projects)
2. Larry Molina, et al v. City, et al
3. Eugene Jackson v. City, et al
4. Grant D. Hoffman, et al v. City, et al
North Kern Water Storage District, et al v. Kern Delta
Water Storage District, et al
Conference with Legal Counsel - Potential Litigation; Closed
Session pursuant to subdivision (b)(1)(3)(A) of Government
Code Section 54956.9 regarding significant exposure to
litigation.
Conference with Legal Counsel- Potential Litigation; Closed
Session pursuant to subdivision (b)(1)(3)(E) of Government
Code Section 54956.9 regarding significant exposure to
litigation.
Motion by Vice-Mayor Maggard to adjourn to Closed Session at
5:24 p.m.
Motion by Vice-Mayor Maggard to adjourn from Closed Session
at 6:30 p.m.
RECONVENED MEETING - 6:40 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard, Councilmembers
Carson, Benham, Couch, Hanson, Sullivan, Scrivner
Absent: None.
6. INVOCATION by Yvette Johnson, Pastor, St. Joseph Spiritual Temple
ACTION TAKEN
APPROVED
APPROVED
PLEDGE OF ALLEGIANCE by Cassandra Hines, 5th Grade Student,
Nords Elementary School.
511
Bakersfield, California January 26, 2005 - Page 3
CLOSED SESSION ACTION
Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9 regarding the following cases:
Bakersfield Citizens for Local Control v. City (Walmart
- Panama/99 & Gosford Village projects)
2. Larry Molina, et al v. City, et al
3. Eugene Jackson v. City, et al
4. Grant D. Hoffman, et al v. City, et al
North Kern Water Storage District, et al v. Kern Delta
Water Storage District, et al
Conference with Legal Counsel - Potential Litigation; Closed
Session pursuant to subdivision (b)(1)(3)(A) of Government
Code Section 54956.9 regarding significant exposure to
litigation.
Conference with Legal Counsel - Potential Litigation; Closed
Session pursuant to subdivision (b)(1)(3)(E) of Government
Code Section 54956.9 regarding significant exposure to
litigation.
City Attorney Gennaro noted for the record, at the January 12,
2005 meeting, Closed Session item 3.b. was discussed and
Council authorized settlement of the claim filed by Laura Karina
Ruiz-DeMeza. Items 3. c. and 3.d. were not discussed due to time
constraints.
PRESENTATIONS
City Clerk McCarthy announced item 9.b. would be given first.
Presentation by Councilmember Sue Benham of Mayor's
Proclamation to Paula Manayan, proclaiming January 26,
2005, as ~Dustin's Diner Day".
Councilmember Benham introduced Paula, Kiera, Reagan
and Max Manayan, Josh Chella and Amy Bemstein and made
comments regarding their efforts. Additionally, she
acknowledged Dave and Danielle Kilpatrick, parents of Daniel
and Dustin, who originated Dustin's Diner.
ACTION TAKEN
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
DIRECTION ~VEN
TO ATTORNEY
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
DIRECTION ~VEN
TO ATTORNEY
10.
11.
Bakersfield, Califomia January 26, 2005 - Page 4
PRESENTATIONS
Presentation by Mayor Hall of a Retirement Plaque and Gift
Certificate to Darrell G. Cooper.
Mr. Cooper made comments.
Presentation by Mayor Hall of Proclamation to Elva Lopez,
2005 President of Kern County Hispanic Chamber of
Commeme, proclaiming February 5, 2005, as "Kern County
Hispanic Chamber of Commerce Day".
Ms. Lopez made comments.
PUBLIC STATEMENTS
Pauline Larwood, on behalf of Smart Growth of Kern County,
spoke regarding growth indicators of Bakersfield and provided
wdtten matedal.
Councilmember Benham requested the Planning and
Development Committee review the material presented by Ms.
Larwood.
APPOINTMENTS
One appointment to the Golden Empire Transit District, due to
the expiration of term of Howard Silver, term expired January
6, 2005.
Ward 1 Silver
Ward 2 Silver
Ward 3 Silver
Ward 4 Silver
Ward 5 Silver
Ward 6 Silver
Ward 7 Silver
City Clerk McCarthy announced the candidates were Curtis C.
Bond and Howard D. Silver.
Mr. Silver received the most votes.
Motion by Vice-Mayor Maggard to approve the vote of the
Council reappointing Mr. Silver to the Golden Empire Transit
District.
ACTION TAKEN
APPROVED
513
12.
Bakersfield, California January 26, 2005 - Page 5
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the January 12, 2005 Council Meeting.
Payments:
Approval of department payments from December 31,2004 to
January 13, 2005 in the amount of $6,749,495.01 and self
insurance payments from December 31,2004 to January 13,
2005 in the amount of $185,400.53.
Ordinances:
Adoption of Ordinance repealing Section 13.04.090 of the
Municipal Code relating to Maintenance Districts - Council
Powers (applicable state law).
Adoption of Ordinance adding Chapter 17.59 and amending
Sections 17.04.045, 17.04.128, 17.04.322, 17.04.618,
17.08.070, 17.08.110 and 17.25.060 of the Municipal Code
relating to wireless telecommunication facilities.
Adoption of Ordinance amending Sections 16.16.010E,
16.20.040, 16.20.060, 16.22.020 and 16.24.090 of the
Municipal Code relating to maps, adding Section 16.52.050 to
the Municipal Code relating to appeals of map application
denials, and amending Section 17.14.070 of the Municipal
Code relating to lot area.
Resolutions:
Resolution approving Development Plan Review for a
proposed tentative subdivision containing 316 lots for
purposes of single family development, one lot for a private
park, a retention basin on 81 acres zoned R-l/PUD (One
Family Dwelling-Planned Unit Development) located on the
east side of South Oswell Street and north of future Redbank
Road. (ZC 04-1120/Project 03-0947) (Engineer: Mclntosh &
Associates/Subdivider:ADH Corporation)
ACTION TAKEN
ORD 4230
ORD 4231
ORD 4232
REMOVED FOR
SEPARATE
CONSIDERATION
12.
Bakersfield, California January 26, 2005 - Page 6
CONSENT CALENDAR continued
g. Sewer Connection Fee Assessments:
Resolution confirming assessments for sewer
connection fee and authorizing the collection of
assessments by the Kern County Tax Collector.
Agreement with Kenneth E. and Shirley A. Spiker,
11306 Jenlee Avenue, to pay sewer connection fee in
installments and notice of special assessment lien.
Resolution confirming the approval by the Assistant City
Manager of the report of the Chief Code Enforcement Officer
regarding assessments of certain properties in the City for
which structures have been secured against entry or for the
abatement of certain weeds, debris and waste matter and
authorize collection of the assessments by the Kern County
Tax Collector.
Resolutions for annexation applications proposing
proceedings for annexation of uninhabited territory to the City
identified as:
Annexation No. 466, consists of 103.74 acres located,
north of Snow Road, generally between Allen Road
and Caiioway Drive.
Annexation No. 474, consists of 14.5 acres located,
south of McKee Road approximately 675 feet east of
Wible Road.
Annexation No. 476, consists of 178 acres located,
south of Hosking Avenue approximately 1500 feet east
of South Union Avenue.
Annexation No. 479, consists of 79 acres, located
south of Panama Lane, approximately 1,500 feet east
of Buena Vista Road.
Annexation No. 480, consists of 9.5 acres, located
south of Johnson Road, generally east of Renfro
Road.
Annexation No. 483, consists of 97 acres, located
south of Panama Lane, east and west of Old River
Road.
ACTION TAKEN
RES 021-05
AGR 05-016
RES 035-05
RES 022-05
RES 023-05
RES 024-05
RES 025-04
RES 026-05
RES 027-05
12.
Bakersfield, California January 26, 2005 - Page 7
CONSENT CALENDAR continued
j. Assessment District No. 04-3 (Solera/Rio Vista):
Resolution accepting petition and determining to
undertake special assessment proceedings.
2. Resolution approving boundary map.
3. Resolution of Intention No. 1368.
Agreement with Wilson & Associates ($54,000.00) for
assessment engineering.
Agreement with Orrick, Herrington & Sutcliffe, Bond
Counsel, ($50,000.00) for legal services.
Agreement with Pillsbury Winthrop, Disclosure
Counsel, ($39,000.00) for legal services.
Resolution adding territory, Area 1-53 (Reina, Old Farm 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 2-29 (Wible, Barber West) 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 3-29 (Kingman Cove, Grand
Haven) 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 3-30 (Woodrnere, Diane) 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. 1332 to add territory, Area 1-47
(Jewetta, Rio Bravo Canal SE) to the Consolidated
Maintenance District and preliminarilyadopting, confirming and
approving Public Works Director's Report.
ACTION TAKEN
RES 028-05
RES 029-05
ROI 1368
AGR 05-017
AGR 05-018
AGR 05-019
RES 030-05
RES 031-05
RES 032..05
RES 033-05
ROI 1332
12.
Bakemfield, California January 26, 2005 - Page 8
CONSENT CALENDAR continued
Drilling and Pump Testing of two (2) test domestic water wells
(Stations CBK-45 and L-212):
Resolution dispensing with normal bidding procedures
due to urgent necessity for the preservation of life,
health or property.
Accept bid to award contract to Bakersfield Well &
Pump Company ($755,744.00).
q. Changes to Salary Schedule and New/Revised Job
Specifications:
Amendment No. 14 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 Engineer III -
Wastewater.
Amendment No. 9 to Resolution No. 046-02 approving
Memorandum of Understanding for employees of the
Blue and White Collar Units and adopting salary
schedule and related benefits for Real Proper[yAgent
II.
3. New Job Specification: Engineer III-Wastewater
4. Revised Job Specification: Real Property Agent II
Agreements:
r. Tract Map and Improvement Agreements:
Final Map and Improvement Agreements with Granite
Pointe Estates, LLC, for Tract 6095 Phase 4 located
north of Hosking Avenue and east of Wible Road.
Final Map and Improvement Agreements with
Fairways @ Rivedakes, L..P. for Tract 6050 Phase 2
located south of Norris Road and west of Coffee Road.
ACTION TAKEN
RES 034-05
RES ~22-01(14)
RES 046-02(9)
AGR 05-020
AGR 05-021
517
12.
Bakersfield, California January 26, 2005 - Page 9
CONSENT CALENDAR continued
s. Bakersfield Amtrak Track Inspection:
Agreement with Niemeyer & Associates, P.C,
($115,000.00) for four year contract for track
inspection services.
Appropriate $20,000.00 Public Transit Funds to the
Public Works Department's operating budget within
the Amtrak Operating Fund.
Agreement with Mclntosh & Associates ($295,000.00) to
conduct design of a sewer trunk line and lift station from Plant
2, along Oswell Street to Redbank Road.
Disclose Counsel for Assessment District Nos. 04-1
(Homestead/Cherry Hill/Olive Park III) and 04-2 (Brighton
Park/Brighton Village/Stockdale at Allen Commemial/Cherry
Hill):
Amendment No. 1 to Agreement No. 04-122 with
Pillsbury Winthrop (not to exceed $47,500.00) for legal
services for AD 04-1.
Agreement with Pillsbury Winthrop (not to exceed
$39,000.00) for legal services for AD 04-2.
Agreement with Union Pacific Railroad ($85,271.00) for
improvement of the Baker Street and Jackson Street.
Agreement to indemnify LAFCO for City Annexation No. 462,
Proceeding No. 1391, uninhabited territory located in two
areas - 1) At the southeast comer of Hosking Avenue and
South Union Avenue, and 2) Along the north side of Rosedale
Highway, generally west of Henry Lane.
Agreement with Delta Microlmaging ($30,000.00) for
document file conversion to Laser Fiche or Micro Fiche format
for the Development Services Department.
ACTION TAKEN
AGR 05-024
AGR 05-026
AeR
AGR 05-027
AGR 05-028
AGR 05.029
AGR 05-030
12.
Bakersfield, California January 26, 2005 - Page 10
CONSENT CALENDAR continued
y. Claims Administration Agreements:
Agreement with Acclamation insurance Management
Services (AIMS) for workers' compensation claims
management services ($239,595.00 for contract year
one and $249,120.00 for contract year two).
Agreement with Acclamation Insurance Management
Services (AIMS) for general/auto liability claims
management services ($49.00 per hour for contract
year one and $50.00 per hour in contract year two).
z. Blitz Renewal:
1. License Agreement with Flying Football, LLC.
aa,
Agreement with Mellon Healthcare Consultants - Name
Change.
bb.
Amendment No. 1 to Agreement No. 01-140 with California
Water Service Company for extraction, exchange and delivery
of banked groundwater.
CC.
Contract Change Order No. 5 to Agreement No. 03-315 with
HPS Mechanical Inc., ($26,220.00, for a total contract amount
of $4,013,462.39) for the 3 Million Gallon Water Storage Tank
and Booster Pump Facility at CBK Station L-208 for the Water
Resources Department.
Bids:
dd.
Reject bids for the construction of McDonald Way Sewer and
Lift Station.
ee,
Accept bid from Gibbs International ($106,886.47) for one (1)
replacement three axle dump truck for the Street Maintenance
Division of Public Works.
Miscellaneous:
Appropriate $55,000.00 Transient Occupancy Tax (TOT)
revenue to the Non-Departmental operating budget for the
Convention and Visitors Bureau annual contract.
Motion by Vice-Mayor Maggard to approve Consent Calendar
items 12.a through 12.ff. with corrections to 12.a. and separate
consideration of item 12. f.
ACTION TAKEN
AGR 05-031
AGR 05-032
AGR 05-033
AGR 05-034
AGR 01-140(1)
AGR 03-315(5)CC0
APPROVED
519
12.
13.
Bakersfield, California January 26, 2005 - Page 11
CONSENT CALENDAR continued
Resolution approving Development Plan Review for a
proposed tentative subdivision containing 316 lots for
purposes of single family development, one lot for a private
park, a retention basin on 81 acres zoned R-l/PUD (One
Family Dwelling-Planned Unit Development) located on the
east side of South Oswell Street and north of future Redbank
Road. (ZC 04-1120/Project 03-0947) (Engineer: Mclntosh &
Associates/Subdivider:ADH Corporation)
Motion by Councllmember Carson to adopt the Resolution.
MAYOR AND COUNCIL STATEMENTS
Councilmember Benham acknowledged Cathy Butler's thirty years of
dedicated service with the Downtown Business Association.
Councilmember Benham announced that Greg Bynum will be sworn
in as the new President of the Greater Bakersfield Chamber of
Commerce, tomorrow evening, January 27th.
Councllmember Sullivan requested the Community Services
Committee address the issue of landscaping along new block
walls for the purpose of discouraging graffiti.
Councilmember Sullivan announced she attended the inaugurations
of President George W. Bush and Vice-President Dick Cheney last
week.
Councllmember Carson requested staff clean up debris on City
property at the corner of Madison, E. White Ln. and Brook.
Councilmember Carson thanked the community for supporting the
various Dr. Martin Luther King Jr. Day events, particularly Mayor Hall
for presenting a key to the City to Sherman Tyler, and Councilmember
Benham for attending the breakfast.
Councilmember Carson noted she had attended the Presidential and
Vice-Presidential Inaugurations.
Councilmember Scdvner thanked staff for swiftly resolving a median
issue on Hosking Rd.
Councilmember Scrivner assured the community that concerted
efforts are being made to develop new avenues to discourage
and prevent graffiti and requested staff develop new ideas;
additionally he encouraged vigilance in apprehending graffiti
vandals and enforcing anti-graffiti laws.
ACTION TAKEN
RES 020-05
APPROVED
t3.
14.
Bakersfield, California January 26, 2005 - Page 12
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Couch expressed appreciation for Steve New
volunteering and removing poles and netting in the Riverlakes area.
ADJOURNMENT
Mayor Hall adjourned the meeting at 7:12 p.m.
MAYOR of tl~e (~it~ of Bakersfield,~CA~~
ATTEST:
CITY CLERK and Ex Officio Clerl~f the
City of Bakersfield, California
ACTION TAKEN