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.
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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
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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.
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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
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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
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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
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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.
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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
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