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HomeMy WebLinkAbout05/25/05 CC MINUTES 651 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 25,2005 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, Vice-Mayor Maggard Councilmembers Carson, Benham, Couch, Hanson, Sullivan (seated at 5:21 p.m.), Scrivner Absent: None. 2. PUBLIC STATEMENTS None. Mayor announced the City Attorney budget presentation scheduled under item 3.a.1. is being moved to Reports item 14.b. 3. WORKSHOP a. Department Budget Presentations: 1. City Attorney 2. Finance Department and Revenue Overview Finance Director Klimko introduced his successor, Nelson Smith, who made the Finance Department budget presentation and provided written material. 652 Bakersfield, California, May 25, 2005 - Page 2 4. CLOSED SESSION a. Conference with Legal Counsel - Existing litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding the following cases: 1. Robert PrattlRachelle Scudder v. City, et al. 2. John Nelson, et al v. City, et al. 3. Roxanne Ayala, et al v. K. C. Environmental Health, et al. and, People of the State of California v. Roxanne L. Ayala, et al. Motion by Vice-Mayor Maggard to adjourn to Closed Session at 5:30 p.m. Motion by Councilmember Couch to adjourn from Closed Session at 6:39 p.m. RECONVENED MEETING - 6:45 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch, Hanson, Sullivan, Scrivner Absent: None. 6. INVOCATION by Dr. Frank D. Ward, Pastor, Columbus Street Baptist Church. 7. PLEDGE OF ALLEGIANCE by Jennifer Varner, 4th Grade Student, St. John Lutheran Elementary School. City Manager Tandy introduced the newly hired Recreation & Parks Director, Dianne Hoover. Mayor Hall recognized Ridgeview High School students and Boy Scout 177 along with their Troop Master, Bill D'Oliver, in attendance at the meeting. ACTION TAKEN APPROVED APPROVED Bakersfield, California, May 25, 2005 - Page 3 653 8. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding the following cases: 1. Robert PrattlRachelle Scudder v. City, et al. 2. John Nelson, et al v. City, et al. Roxanne Ayala, et al v. K. C. Environmental Health, et al. and, People of the State of California v. Roxanne l. Ayala, et al. 9. PRESENTATIONS 3. a. Presentation by Mayor Hall of Commendation Certificates to Carla Pearson and Bakersfield Police Officer Jason Townsend for being honored by Mothers Against Drunk Drivers. b. Presentation by Councilmember Couch of Council Proclamation to members of the "life Interrupted" Program. Nancy Chaffin accepted the Proclamation on behalf Donna Belhumer, Tina Antak and BPD officer Don Cegielski and the program. 10. PUBLIC STATEMENTS None. 11. CONSENT CALENDAR Minutes: a. Approval of minutes of the May 11, 2005 Regular Council Meeting. Payments: b. Approval of department payments from April 29, 2005 to May 12, 2005 in the amount of $7,262,054.49 and self insurance payments from April 29, 2005 to May 12, 2005 in the amount of $293,627.01. ACTION TAKEN NO REPORTABLE ACTION NO REPORTABLE ACTION NO REPORTABLE ACTION 654 Bakersfield, California, May 25, 2005 - Page 4 11. CONSENT CALENDAR continued Ordinances: c. Adoption of Ordinance approving the Notice of Exemption and amending Title 17 of the Municipal Code deleting a condition of approval which required an equestrian trail located generally between Allen Road and the Kern River along Goose Lake Slough. (GPAlZC 04-1550) d. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 122-24 from A-20A (Agriculture-20 acre minimum) to R-1 (One Family Dwelling) on 30 .:!: acres located along the north side of Pensinger Road approximately 1,980 feet west of Buena Vista Road and approximately 1,980 feet east of Allen Road. (GPAlZC 04-1745) Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map NO.1 04-20 from RH (Residential Holding) to R-1 (One Family Dwelling) on 70 acres located on the east side of Kern Canyon Road at Vineland Road (extended). (GPAlZC 03-340) (Applicant: Pinnacle Engineering, representing CRT Land Company, Inc.) Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-30 from R-S-10A (Residential Suburban 10 acre minimum) to C- O/PCD (Professional and Administrative Office/Planned Commercial Development) on 7.5 acres located at the northwest corner of Brimhall Road and Calloway Drive. (GPAlZC 04-0847) (Applicant: Porter-Robertson Engineering, representing David Wilson) e. f. Resolutions: g. Two-way Radio Equipment for the Police Department: 1. Resolution determining that two-way radio equipment for the Police Department cannot be obtained through usual bidding procedures due to the need to integrate into the existing radio system infrastructure and authorizing the Finance Director to dispense with bidding therefore, not to exceed $96,000.00. ACTION TAKEN ORD 4256 ORD 4257 ORD 4258 ORD 4259 RES 106-05 Bakersfield, California, May 25, 2005 - Page 5 655 11. CONSENT CALENDAR continued Item 11.g. continued ACTION TAKEN h. 2. Transfer and appropriate $15,000.00 from the Police Department's Operating Budget within the General Fund to the Public Works Department's Operating Budget within the Equipment Management Fund. Resolution approving development plans for a multiple tenant commercial shopping center in a C- 2/PCD (Commercial/Planned Commercial Development) zone located on the southeast corner of Panama Lane and Stine Road. (Project No. 04- 1716). RES 107-05 i. Resolution authorizing the application for State RES 108-05 grant funds and participation in the Building AGR 05-186 Equity and Growth in Neighborhoods (BEGIN) Program including the execution of a standard agreement or other documents to secure funding from the California Department of Housing and Community Development (HCD). j. Assessment District No. 05-1 (City in the Hills): 1. Resolution approving boundary map. RES 109-05 2. Resolution of Intention No. 1384. ROl1384 3. Resolution accepting petition and RES 110-05 determining to undertake special assessment proceedings. 4. Agreement with Wilson & Associates for AGR 05-187 assessment engineering services. 5. Agreement with Orrick, Herrington & AGR 05·188 Sutcliffe, Bond Counsel, for legal services. 6. Agreement with Pillsbury Winthrop Shaw AGR 05-189 Pittman, LLP, Disclosure Counsel, for legal services. 7. Agreement with Mountain View Bravo, LLC AGR05-190 for deposit and reimbursement. k. Resolution of Intention No. 1385 to add territory, RO/1385 Area 1-57 (Allen, Palm NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. 656 Bakersfield, California, May 25, 2005 - Page 6 11. CONSENT CALENDAR continued ACTION TAKEN I. Amendment No. 12 to Resolution No. 44-93 setting salaries and related benefits for the Temporary Unit (Aquatics Specialist II). RES 44-93(12) Agreements: m. Final Map and Improvement Agreements with Cherry Hill, Inc. for Tract 6153 Units 3 & 4 located south of Reina Road and west of Jewetta. AGR 05-191 AGR 05-192 AGR 05-193 AGR 05-194 n. Sub-recipient Agreement with Bakersfield Redevelopment Agency for the commitment of $1.135 million HOME Investment Partnership Funds earmarked for affordable housing in the Baker Street Mixed Use Project. AGR 05-195 o. Agreement with Southwestern Bell Company to AGR 05-196 extend long distance telephone services. p. Outside Legal Services: 1. Amendment NO.1 to Agreement No. 04-381 AGR 04-381(1) with Clifford & Brown ($75,000.00, total contract not to exceed $150,000.00) for legal services in the matters of Robert Pratt v. City, et al; and, Rachelle Scudder v. City, et al. 2. Amendment NO.1 to Agreement No. CA04- AGR 05-197 054 with Marderosian, Runyon, Cercone, Lehman & Armos ($75,000.00, total contract not to exceed $100,000.00) for legal services in the matter of John Nelson, et al v. City, et al. 3. Amendment No. 1 to Agreement No. CA05- AGR 05-198 004 with Marderosian, Runyon, Cercone, Lehman & Armos ($50,000.00, total contract not to exceed $75,000.00) for legal services in the matters of Roxanne Ayala, et al v. City, et al; and, People v. Roxanne Ayala, et al. q. Contract Change Order NO.1 to Agreement No. 04- CC01 AGR 04-339 339 with S. C. Anderson, ($18,911.84, for revised amount of $5,664,911.84) for site improvements at the Park at River Walk. r. Amendment NO.1 to Agreement No. 04-135 with AGR 04-135(1) Jim Alfter Cement Contractor to extend term of agreement six (6) weeks for concrete construction within the City. Bakersfield, California, May 25, 2005 - Page 7 .,)57 11. CONSENT CALENDAR continued Bids: Accept bid to award contract to Loop Electric ($37,665.00) for installation of a flashing beacon on 4th Street at McKinley School. t. Accept bid to award contract to Bakersfield Well & Pump Co. ($337,210.00) for drilling and pump testing one (1) domestic water well, Station CBK-46. s. u. Accept bid to award annual contract to Gilliam & Sons, Inc. dba Valco Construction Company (not to exceed $1,358,000.00) for earthmoving and hauling. Extend bid from Coalinga Motors, Inc. ($32,996.88) for two (2) additional pickup trucks for the Streets Division. v. Miscellaneous: w. Position Reclassifications: 1. Accounting Clerk II to Revenue Program Aide, Public Works Administration. 2. Supervisor I to Supervisor II, Recreation and Parks, Recreation Division. 3. Maintenance Craftworker II to Supervisor I, Recreation and Parks, Parks Division. x. Miscellaneous Appropriations: 1. Transfer $20,000.00 Capital Improvement Budget for Westside Parkway to Public Works Department Operating Budget for same project within the ISTEA Fund. 2. Appropriate $700,000.00 Equipment Fund Balance to Public Works Department Operating Budget for increased fuel costs. 3. Appropriate $75,000.00 additional revenue to Public Works Department Operating Budget for unanticipated expenses within the Development Services Fund. 4. Appropriate $560,000.00 Sewer Enterprise Fund Balance to Public Works Department Operating Budget for increased operating costs. ACTION TAKEN AGR 05-199 AGR05-200 AGR 05-201 ASS COUCH 058 Bakersfield, California, May 25, 2005 - Page 8 11. CONSENT CALENDAR continued Item 11.x. continued 5. Transfer $335,000.00 Capital Improvement Budget for various CIP projects to Public Works Department Operating Budget for street maintenance within the Gas Tax Fund. Motion by Vice-Mayor Maggard to approve Consent Calendar items 11.a. through 11.x., with Councilmember Couch abstaining from item 11.u. as the unsuccessful bidder Is a source of Income to him. 12. CONSENT CALENDAR HEARINGS a. Protest hearing for proposed Assessment District No. 04-3 (Solera/Rio Vista): 1. Resolution approving Final Engineer's Report, levying assessments, ordering improvements and authorizing and directing related actions. 2. Resolution approving form and substance of reimbursement and disclosure agreement and authorizing changes thereto and execution thereof. 3. Resolution approving form and substance of preliminary official statement and bond purchase contract. Resolution determining assessments remaining unpaid. Resolution authorizing issuance of bonds. 4. 5. Hearing opened at 7:06 p.m. No one spoke. Hearing closed at 7:06 p.m. Motion by Vice-Mayor Maggard to adopt item 12.a. ACTION TAKEN APPROVED RES 111-05 RES 112-05 RES 113-05 RES 114-05 RES 115-05 APPROVED Bakersfield, California, May 25, 2005 - Page 9 ...59 13. HEARINGS a. Hearing to consider Resolution of Necessity to determine whether the public interest and necessity require acquisition by eminent domain of "right-of- way" property located near the intersection of Highway 178 and Masterson Street (Croad property) for the Masterson Street alignment project. City Clerk McCarthy announced correspondence was received from Martin and Patricia Croad requesting the opportunity to speak in opposition to the proposed acquisition. City Attorney Gennaro made staff comments. Hearing opened at 7:09 p.m. John Wilson, Engineer, spoke on behalf of the Croads in opposition to the acquisition. Hearing closed at 7:13 p.m. Vice-Mayor Maggard asked questions regarding the notification of the property owners. City Attorney Gennaro and Michael Abril, Esq., partner with the law firm of Borton, Petrini and Con ron, serving in the capacity of outside counsel for the City of Bakersfield, responded. Motion by Vice-Maggard to adopt the Resolution of Necessity. b. Hearing to consider Resolution of Necessity to determine whether the public interest and necessity require acquisition by eminent domain of "right-of-way" property located near the intersection of Highway 178 and Masterson Street (Nalbandian property) for the Masterson Street alignment project. City Attorney Gennaro made staff comments. Hearing opened at 7:29 p.m. John Wilson, Engineer, spoke on behalf of the Croads, in opposition to the staff recommendation due to the bearing the acquisition of the Nalbandian property would have on the Croad property. ACTION TAKEN RES 116-05 APPROVED RES 117-05 660 Bakersfield, California, May 25,2005 - Page 10 13. HEARINGS continued Item 13.b. continued Michael Abril, Esq., Borton, Petrini and Conron, on behalf of the City of Bakersfield, spoke in support of the staff recommendation and noted the owners of the Nalbandian property had been notified. Hearing closed at 7:29 p.m. Motion by Vice-Mayor Maggard to adopt the Resolution of Necessity. 14. REPORTS b. Department Budget Presentations: 1. City Attorney City Attorney Gennaro, assisted by Administrative Analyst Luda Fishman, made a computer presentation and provided handouts. a. Council Goals and Objectives. City Manager Tandy and Assistant City Manager Stinson gave the staff presentation. 15. COUNCIL AND MAYOR STATEMENTS Councflmember Couch submitted a letter and requested the Public Works Director respond. Councifmember Couch made comments regarding LAFco, the Sphere of Influence, planning and annexation issues and the need to cooperate with the City of Shafter, and requested staff contact the City of Shafter and extend an invitation to meet for discussions. Councilmember Couch requested staff review information provided by Dana Adams with the Community Connection for Child Care, regarding the impact of new development on child care, whether that would be considered in an EIR, and whether child care facilities would be provided. Councifmember Couch requested Planning and Development Committee review conditions for closing/removing large retaif facilities, such as Costco, when the business relocates. ACTION TAKEN APPROVED Bakersfield, California, May 25, 2005 - Page 11 .)61 15. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Couch requested Development Committee address standards for big box stores. Planning and implementing Councifmember Couch requested Planning and Development Committee address the issue of abandoned and non-producing oilwells and the handling of mineral rights when a developer purchases property. Councflmember Couch requested Water Services Director Core provide information regarding policy for locking of canal gates in the City limits and delineate the responsibifity for gate locking. Councflmember Couch requested the City Attorney provide information regarding law on appointments to LAFco. Councilmember Couch announced Kid's Day is August 71to and extended an invitation for everyone to attend. Councilmember Carson thanked Donna EDCD staff for hosting the community meeting at MLK Park regarding community Kunz and the informational development. Councilmember Carson requested an update regarding the timeline for sewer installation on the north side of Stockdale Hwy. near Candy and Old Stine. Councifmember Carson requested information regarding responsibility of the City in assuring canal safety. City Manager and Water Resources Manger Core responded. Counc/lmember Benham requested staff work with Golden Empire Transit to facflftate moving of the bus stop near the Garces Circle at 3rf' and F Streets to a safer location. Councilmember Benham requested Police and Public Works staffs address ongoing concerns regarding speed limit and speeding near 18'" Street and Jastro Park. Councilmember Benham provided a petition from residents of Elm at 2:r Street and requested Public Works staff proceed with the street closure. 662 Bakersfield, California, May 25,2005 - Page 12 15. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Benham expressed support for Councilmember Couch's request to meet with City of Shafter officials to discuss LAFco issues. Councilmember Benham announced she had attended the Kern County Law Enforcement Foundation Spring Awards Luncheon where two awards were presented to BPD officers, Joe Aldana and Matt Hilliard. Council member Benham announced she had received correspondence from Rev. Madelyn Elsie, Trinity United Methodist Church, commending employees Andra Perry and Guy Bowers for their efforts in combating graffiti. Councilmember Hanson made comments regarding the Dryer's ice cream plant expansion and the Kaiser Permanente opening of a farmer's market. Councilmember Hanson noted weeds in Ward 5 are a tremendous problem and requested staff address the issue. Councilmember Hanson provided information and requested Code Enforcement investigate a residence where large birds are being kept. Councifmember Hanson requested staff evaluate the quality of playground equipment in Westwold Park. Councilmember Sutfivan provided information and requested staff investigate a vacant house with stagnant water in the pool at 5323 Appletree. Councilmember Sullivan expressed appreciation for the removal of an abandoned house on the northwest corner of Taft Hwy. and Stine Rd. Councilmember Sullivan expressed pleasure at the cleanup of the Home Depot property on Ming Avenue. Councilmember Scrivner thanked staff for responses to referrals. Councilmember Scrivner expressed support for the community prosecutor element in the City effort to combat graffiti. Council member Scrivner made comments regarding big box stores. Bakersfield, California, May 25,2005 - Page 13 063 15. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Council member Scrivner requested an update on the White Lane overpass. Public Works Director Rojas responded. Council member Sullivan welcomed the new Recreation and Parks Director Diane Hoover. Vice-Mayor Maggard made comments regarding the big box issue and leases. Vice-Mayor Maggard made comments regarding the Field of Honor on Veterans Day Sunday. Vice-Mayor Maggard requested staff investigate Fresno's use of federal monies to hire new police officers and possible use of the information to hire additional officers in the City. 16. ADJOURNMENT Mayor Half adjourned the meeting at 9:01 p.m. ATTEST: CITY CLERK and Ex Officio the Council of the City of Bakers 664 ***THIS PAGE INTENTIONALLY LEFT BLANK***