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Home My WebLink About01/12/05 CC MINUTES493 MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING JANUARY 12, 2005 City Council Chamber, City Hall, 1501 Truxtun Ave. 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 5:18 p.m.), Scrivner Absent: None 2. PUBLIC STATEMENTS None. 3. CLOSED SESSION Closed Session pursuant to Government Code Section 54957.6; Conference with Labor Negotiator William Avery. Conference with Legal Counsel- Pending Litigation; Closed Session pursuant to subdivision (b)(1)(C) of Government Code Section 54956.9 regarding claim submitted by Laura Karina Ruiz De Mesa. 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 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. 494 Bakersfield, California January 12, 2005 - Page 2 Motion by Vice-Mayor Maggard to adjourn to Closed Session at 5:17p. m. Motion by Councilmember Hanson to adjourn from Closed Session at 6:32 p.m. RECONVENED MEETING - 6:40 p.m. 4. ROLL CALL Present: Absent: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch, Hanson, Sullivan, Scrivner None. 5. INVOCATION by Ivory Porchia, Pastor, St. Matthews Gospel Church. PLEDGE OF ALLEGIANCE by Jenna Bowman, 8th Grade Student, St. Francis School. Mayor Hall recognized students from a Ridgeview High School Government class. 7. CLOSED SESSION ACTION ACTION TAKEN APPROVED APPROVED Closed Session pursuant to Government Code Section NAT 54957.6; Conference with Labor Negotiator William Avery. NOT HEARD Conference with Legal Counsel - Pending Litigation; Closed Session pursuant to subdivision (b)(1)(C) of Government Code Section 54956.9 regarding claim submitted by Laura Karina Ruiz De Mesa. 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 NAT Bakersfield, California January 12, 2005 - Page 3 CLOSED SESSION ACTION continued ~AKEN 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. ***It should be noted that at the October 6, 2004 City Council Meeting, the City Council, in Closed Session, voted 6-0 (with Councilmember Hanson absent) to settle under certain terms and conditions the lawsuit known as: City of Bakersfield v. City of Shafter Kern County Superior Court Case No. s-15OO-CV 253303 PUBLIC STATEMENTS Luther Cullins spoke regarding complaints against the Bakersfield Rescue Mission. Councilmember Benham and Vice-Mayor Maggard requested staff, particularly Fire and EDCD obtain contact information from Mr. Cullins and address his concerns. Additionally, staff to be provided a copy of a letter to Council from Mr. Cullins articulating his issues. Leon Thomas, Mike Saba and Andy Weinbach, with the Kern Veterans Memorial Park Committee, presented Councilmember Benham a plaque recognizing her contribution to their cause and acknowledged Intedm Recreation and Parks Director Christensen and his Department for their efforts. Additionally, Mr. Thomas provided contact information for his organization. APPOINTMENTS Two appointments to the Keep Bakersfield Beautiful Committee due to the expiration of term of John Enriquez (Ward 6) and Sandra Gardgan (Ward 7), terms expidng December 2004. City Clerk McCarthy announced one application has been received for the vacancies. Councilmembers Scrivner and Sullivan requested this item be postponed. AGR 04-388 ABS HANSON .9E' Bakersfield, California January 12, 2005 - Page 4 APPOINTMENTS continued Appointments to the City Council Committees and other special Committees and Boards by Vice-Mayor Maggard 2005 - 2006. B DGET FINANCE Mike Maggard - Chairperson Harold Hanson Irma Carson WATER RESOURCES/BOARD David Couch - Chairperson Harold Hanson Zack Scrivner COMMUNITY SERVICES Jacquie Sullivan - Chairperson Sue Benham Irma Carson INTERGOVERNMENTAL RELATIONS Irma Carson - Chairperson Jacquie Sullivan Mike Maggard PLANNING AND DEVELOPMENT Sue Benham - Chairperson David Couch Mike Maggard LEGISLATIVE AND LITIGATION Zack Scrivner - Chairperson Sue Benham David Couch Harold Hanson - Chairperson Zack Scrivner Jacquie Sullivan KERN COUNCIL OF GOVERNMENTS David Couch - Representative Mike Maggard - Alternate KERN ECONOMIC DEVELOPMENT CORPORATION Mayor Harvey L. Hall - Member ACTION TAKEN 497 8o Bakersfield, California January 12, 2005 - Page 5 APPOINTMENTS continued KERN COUNTY MUSEUM AUTHORITY Mayor Harvey L. Hall - Representative SOLID WASTE MANAGEMENT ADVISORY COMMII-I'EE Harold Hanson - Representative David Couch - Alternate PLANNING COMMISSION LIAISON Sue Benham Motion by Vice-Mayor Maggard to approve the slate of Committee appointments. CONSENT CALENDAR Minutes: Approval of minutes of the December 15, 2004 Council Meeting. Payments: Approval of department payments from December 3, 2004 to December 30, 2004 in the amount of $16,254,625.67 and self insurance payments from December 3, 2004 to December 30, 2004 in the amount of $587,246.30. Ordinances: First Reading of Ordinance repealing Section 13.04.090 of the Municipal Code relating to Maintenance Districts - Council Powers (applicable state law). First Reading 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. First Reading 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. ACTION TAKEN APPROVED FR FR FR 498 Bakersfield, California January 12, 2005 - Page 6 CONSENT CALENDAR continued Adoption of Ordinance amending Chapter 5.14 of the Municipal Code relating to applications for and renewal of cabaret permits. Adoption of Ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map No. 103-22) of Title 17 of the Municipal Code changing the zoning from a PCD (Planned Commercial Development) zone to a revised PCD zone on 7.5 + acres generally located on the southeast corner of Mount Vernon Avenue and State Highway 178 to allow a 49,983 square foot commercial shopping center. (Applicant: Mark Russell) (File No. 04-0903) Adoption of Ordinance adopting the negative declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-06 from a C-1 (Neighborhood Commercial) zone to a C-2 (Regional Commercial) zone on 0.61 + acres located on the southwest corner of Brundage Lane and South P Street. (Applicant: Nilda Muzinich) (ZC 04-1128) Resolutions: Resolution requesting the California State Legislature and Governor protect Proposition 42 state transportation funding in the next state budget. Resolution ordering Judicial Foreclosure of Delinquent Assessments in Assessment District No. 86-2A (Buena Vista). Assessment District No. 04-1 Homestead/Cherry Hill/Olive Park III): (Countryside/The 1. Resolution approving form and substance of Preliminary Official Statement and Bond Purchase Contract, 2. Resolution determining assessments remaining unpaid. 3. Resolution authorizing issuance of bonds. ACTION TAKEN ORD 4227 ORD 4228 ABS MAGGARD ORD 4229 RES 001-05 RES 002-05 RES 003-05 AGR 05-0011 RES 00'1-05 RES 005-05 10. Bakersfield, Califomia January 12, 2005 - Page 7 CONSENT CALENDAR continued I. Sewer Connection Fee Assessments: Resolution confirming assessments for sewer connection fees and authorizing the collection of assessments by the Kern County Tax Collector. Agreement with Luis R. and Magda P. Tello, 4196 Pandora Place, to pay sewer connection fee in installments and notice of special assessment lien. Agreement with Leonardo Rodriquez, Jr., 4909 Elysium Street, to pay sewer connection fee in installments and notice of special assessment lien. Resolution amending the boundaries of the City of Bakersfield Domestic Water Service Area. Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Sections 34090 et seq. of the Government Code of the State of California (Finance Department). Resolutions of Application proposing proceedings for annexation of 29 acres of uninhabited territory to the City identified as Annexation No. 470 located along the north side of Taft Highway generally west of Stine Road; for annexation of 80 acres of uninhabited territory to the City identified as Annexation No. 471 located at the northwest comer of Allen Road and Kratzmeyer Road; and, for annexation of 37 acres of uninhabited territoryto the City identified as Annexation No. 477 located east of Ashe Road, generally north and south of Taft Highway. Resolution adding territory, Area 1-51 (Gibson, Mardott SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments bythe Kern County Tax Collector. Resolution adding territory, Area 2-28 (McNair, Resnik 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. ACTION TAKEN RES 006-05 AGR 06-002 AGR 05-003 RES 007-05 RES 000-05 RES 009-05 RES 010-05 RES 011-05 RES 012..05 RES 013-05 500 10. Bakersfield, California January 12, 2005 - Page 8 CONSENT CALENDAR continued Resolution adding territory, Area 3-27 (Buena Vista, Harris NE) to the Consolidated Maintenance Distdct 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 3-28 (Progress, Panama Ln NW) 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 5-15 (S. Oswell, Redbank 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 5-16 (Arkwood, Hosking NE) to the Consolidated Maintenance Distdct and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments bythe Kern County Tax Collector. Resolution of Intention No. 1359 to add territory, Area 3-29 (Kingman Cove, Grand Haven) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1360 to add territory, Area 3-30 (Woodmere, Diane) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1365 to add territory, Area 1-53 (Reina, Old Farm SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1366 to add territory, Area 2-29 (Wible, Barber West) to the Consolidated Maintenance Distdct and preliminarily adopting, confirming and approving Public Works Director's Report. ACTION TAKEN RES 014-05 RES 015-05 RES 0t5.05 RES 017-05 ROI 1359 R011360 ROI t365 R011366 50! t0. Bakersfield, California January 12, 2005 - Page 9 CONSENT CALENDAR continued Agreements: z. Tract Map and Improvement Agreements: Improvement Agreements with Castle & Cooke Commercial-CA, Inc., for Parcel Map 10834 located at the east end of McNair Lane. Final Map and Improvement Agreement with Pulte Home Corporation, for Tract 5998 located south of State Route 178 and east of Miramonte Drive. aa. Agreement with ChevronTexaco Exploration and Production Company and North Kern Water Storage Distdct for discharge of oilfield wastewater into the Beardsiey-Lerdo Canal System. bb. Agreement with Bakersfield Police Activities League, a non- profit, 501 (c) (3) tax exempt organization, to purchase two (2) surplus copy machines from the City for $1.00 each for a total of $2.00. CC. Agreement with Kennedy Jenks Consultants ($100,000.00) for design of Domestic Water System Hydraulic Modeling for the City's Domestic Water System. dd. Agreement with Kronick Moskovitz Tiedemann & Girard (not to exceed $75,000.00) to provide legal services for the acquisition of offsite real property interest for Vesting Tentative Tract Map No. 6160, located on the east side of Miramonte Drive near Casa Club Drive. ee. Agreement with Jeff Ellis & Associates, Inc. (not to exceed $46,400.00) for the National Pool & Waterpark Lifeguard and Swim Instructor Training Programs. License Agreement with County of Kem for portion of County Communications Center on Panorama Ddve for emergency communications trailer. gg. Bakersfield Municipal Airport: Ground Lease Agreement with Raul Sanchez for purposes of leasing an aircraft storage hangar. ACTION TAKEN AGR 05-004 AGR 05-005 AGR 05-006 AGR 05-007 AGR 05-008 AGR 05-009 AGR 05-010 AGR 05011 AGR 05-012 Ground Lease Agreement with John Mackessy for AGR 05-013 purposes of leasing an aircraft storage hangar. 10. Bakersfield, California January 12, 2005 - Page 10 CONSENT CALENDAR continued hh. Amendment No. 5 to Agreement No. 99-334 with Duane Morris, LLP ($135,000.00, total contract amount not to exceed $660,000.00) for legal service in the matter of North Kern Water Storage Distdct v. Kern Delta Water District, et al. ii. Amendment No. 1 to Agreement No. 04-194 (novation) changing the responsible party from Coker EIIsworth, Inc. to Highland Knolls, LLC for construction of improvements to Tract 5696 located north of Highland Knolls and east of Fairfax Road. White Lane at State Route 99 Overcrossing Widening and Interchange Improvements: Amendment No. 3 to Agreement No. 03-236 with Parsons Brinckerhoff Construction Services, Inc. ($43,910.00, for a total contract amount of $440,457.00) for construction management services. Appropriate $50,000.00 Transportation Development Fund Balance to the Capital Improvement Budget. Bids: kk. Walking Floor Dump Truck Body: Accept bid from The Trailer Company ($38,872.76) for purchase and installation of one (1) walking floor dump truck body for the City's compost and recycling facility. Appropriate and transfer $38,900.00 Refuse Service Fund Balance from the Refuse Enterprise Fund to the Equipment Management Fund. II. Accept bid to award contract to Gospich Construction Company ($108,804.00) to furnish and install equipment for River Oaks Par~ Playground Project. Miscellaneous: mm, Appropriate $125,000.00 in Asset Forfeiture Revenue in the General Fund to contribute half of the cost for an electron microscope to the County of Kern to be utilized in Bakersfield Police Department and Kern County Sheriffs Department investigations. ACTION TAKEN AGR 99-334(6) AGR 04-'194(1) AGR 03-236(3) AGR 05-0'14 10. 11. 12. Bakersfield, California January 12, 2005 - Page 11 CONSENT CALENDAR continued nh. 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 requirements 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. Motion by Vice-Mayor Maggard approve Consent Calendar items lO.a. through tO. nh. HEARINGS a. Public Headng to consider Resolution adopting fees pursuant to the cost recovery system (fireworks permit fees). Finance Director Klimko made staff comments. Hearing opened at 7:02 p.m. No one spoke. Hearing closed at 7:02 p.m. Motion by Councilmember Hanson to approve the Resolution. REPORTS/WORKSHOPS a. Report on Vehicle License Fee Gap Financing Program. Assistant City Manager Stinson made a presentation and provided handouts. ACTION TAKEN APPROVED RES 018-05 APPROVED NAT 503 ]! 5O4 13. 14. Bakersfield, California January 12, 2005 - Page 12 NL=~N BUSINESS Memorandum of Understanding with County of Kern regarding apportionment of property tax revenue for annexations. City Manager Tandy made comments and presented an overview. Motion by Vice-Mayor Maggard to approve the Memorandum of Understanding. Resolution adopting City Council Policy regarding Park and Landscape Maintenance Districts. City Manager Tandy presented an overview. Motion by Vice-Mayor Maggard to adopt the Resolution setting City Council Policy regarding Park and Landscape Maintenance Districts. MAYOR AND COUNCIL STATEMENTS Councilmember Benham provided an update regarding the noise issue at Montgomery Wodd Plaza and thanked PD staff Chief Rector, Assistant Chief Lynn and Capt. Tim Taylor, City Treasurer Perkins, City Attorney Gennaro, Chief Code Enforcement Officer Fidler and Building Director Leonard. Councilmember Benham provided an email from Carolyn Wade, at the County Department of Mental Health, expressing appreciation for the cooperation provided by the Bakersfield Police Department, and particularly Capt. Tim Taylor. Councilmember Benham requested staff solicit cooperation from the railroad regarding cleanup and repair of fence on Campus Way, across from Bakersfield High School parking near the tennis courts. Councilmember Benham requested the Planning and Development Committee address the improvement of planning, and provision of incentives regarding downtown redevelopment in order to insure the furtherance of Council goals such as mixed-use, awnings, open space, pedestrian friendly developments, public art and removal of barriers that might hinder achievement of these goals and generate interest among possible investors while reassuring property owners that the City will work to achieve these goals. ACTION TAKEN AGR 05-015 APPROVED RES 019-05 APPROVED ]2 505 14. Bakersfield, California January 12, 2005 - Page 13 MAYOR AND COUNCIL STATEMENTS continued Councilmember Benham congratulated Vice-Mayor Maggard on attaining the position and the Council on new Committee appointments. Councilmember Carson thanked Alan Christensen for the memo regarding the celebration of Dr. Martin Luther King, Jr. Day at Martin Luther King Center, on Saturday, January 15, 2005 at 2:00 p.m. and invited the public to attend various other community events honodng the day. Councilmember Hanson thanked City Attorney Gennaro for information regarding the graffiti Ordinance. Councilmember Hanson requested information regarding parking lot jurisdiction at local high schools. Police Chief Rector responded. Councilmember Hanson thanked Castle & Cooke for providing extensive median improvement and tree planting in the southwest. Councilmember Hanson requested information on the letter received regarding the ADA issues in Morro Bay. City Manager Tandy responded. Councilmember Hanson provided a letter from Mrs. Valdez and requested Public Works respond to the letter. Councilmember Hanson requested staff facilitate removal of five old vehicles parked on the street at the intersection of Angels Camp and Hornitos. Councilmember Couch requested staff address the traffic issue at Truxtun Extension and Coffee Rd. Councilmember Couch made comments regarding issuance of bonds. Councilmember Couch requested staff present a report on Community Facility Districts. Councilmember Couch requested staff investigate ways to assure the purchaser of the Shell Refinery, Flying J, continue to perform environmental clean up at the facility. Councilmember Sullivan rsquested staff continue to remind the community of the change in Council Meeting time from 7:00 p.m. to 6:30p. m. ACTION TAKEN t3 14. Bakersfield, California January 12, 2005 - Page 14 MAYOR AND COUNCIL STATEMENTS continued Councilmember Sullivan noted the recent rain has adversely affected road repair service and will be providing a list of streets in need of pothole repair. Councilmember Sullivan made comments regarding the spread of graffiti and the need for stronger penalties to deter the spread. Councilmember Sullivan requested police increase patrol at Baker's Square Restaurant parking lot to reduce loitering. Councilmember Scrivner congratulated Mayor Hall on beginning his second term as Mayor. Councilmember Scrivner welcomed students in the audience to the meeting and encouraged those interested to investigate govemment internships. Councilmember Scrivner thanked stafffor providing prompt response to referrals. Councilmember Scrivner requested an update regarding trains changing tracks during the 5:00 p.m. rush hour on Rosedale Hwy. City Manager Tandy responded. Vice-Mayor Maggard encouraged neighborhoods to partner with the City in an effort to combat the spread of graffiti. Vice-Mayor Maggard requested City Attorney's staff formulate policy to deal with the release of sexually violent predators in the community and provided an article from California Cities Magazine dealing with the issue. Vice-Mayor Maggard requested staff investigate ways to assure the safety of residents in the area of a new group home on Dorsett St. ACTION TAKEN 14 507 15. Bakersfield, California January 12, 2005 - Page 15 ADJOURNMENT Mayor Hall adjourned the meeting at 8:06 p.m. ATTEST: CITY CLERK and Ex Officio Clff~l; of the City of Bakersfield, California ACTION TAKEN ***THIS PAGE INTENTIONALLY LEFT BLANK***