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HomeMy WebLinkAbout06/08/05 CC MINUTES 671 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 8, 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, Sullivan, Scrivner Absent: Hanson 2. PUBLIC STATEMENTS None. 3. WORKSHOP None. 4. 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 regarding the following cases: 1. Eugene Jackson v. City, et al. 2. Greg Moore v. City, et al. C. Conference with Legal Counsel - Potential litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9 (2 cases). d. Conference with Legal Counsel - Initiation of litigation; Closed Session pursuant to subdivision © of Government Code Section 54956.9 (1 case). 672 Bakersfield, California, June 8, 2005 - Page 2 Motion by Vice-Mayor Maggard to adjourn to Closed Session at 5:19 p.m. Motion by Councifmember Couch to adjourn from Closed Session at 6:30 p.m. RECONVENED MEETING - 6:39 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch, Hanson, Sullivan, Scrivner Absent: Hanson Mayor Hall announced that due to problems with the public noticing requirement item 13.d. will be postponed to the June 22, 2005 Council meeting. Additionally, Mayor Hall announced correspondence has been received from Porter Robertson Engineer withdrawing their appeal to item 13.e. Therefore, both items have been removed from the agenda. 6. INVOCATION by Council member Carson. 7. PLEDGE OF ALLEGIANCE by Dustin Corey, 4th Grade Student, Noble Elementary School 8. 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 regarding the following cases: 1. Eugene Jackson v. City, et al. 2. Greg Moore v. City, et al. Conference with Legal Counsel - Potential litigation; Closed Session pursuant to subdivision (b)( 1 )(3)(A) of Government Code Section 54956.9 (2 cases). c. ACTION TAKEN APPROVED AB HANSON APPROVED AB HANSON NO REPORTABLE ACTION POSTPONED POSTPONED Bakersfield, California, June 8, 2005 - Page 3 673 8. CLOSED SESSION ACTION continued Conference with Legal Counsel - Initiation of litigation; Closed Session pursuant to subdivision © of Government Code Section 54956.9 (1 case). 9. PRESENTATIONS d. None. 10. PUBLIC STATEMENTS a. Bill Lamas spoke regarding the decline of the neighborhood in the No. Stine Rd. area and provided photographs and written material. Councilmember Carson requested staff address Mr. Lamas' concerns. b. Michael Turnipseed, Kern County Taxpayers Association, spoke regarding the budget. Councilmembers Couch and Scrivner requested staff obtain a copy of Mr. Turnipseed's figures and respond to Council. c. Dick Taylor, Kern Off-Highway Vehicle Association, spoke regarding the OHV Park and presented Vice- Mayor Maggard and City Manager Tandy with "Kick Start Awards". d. Scott Drake presented flags flown in Iraq in support of Operation Iraqi Freedom by the 791st Expeditionary Aeromedical Evacuation Squadron over the skies of Iraq, which he obtained while escorting wounded U.S. military personnel out of Iraq, to Mayor Hall and Fire Chief Fraze in appreciation for the support demonstrated by the City Council and Fire Department during his deployment. 11. CONSENT CALENDAR City Clerk McCarthy announced item 11.p. is being removed from the agenda at the request of the department. Minutes: a. Approval of minutes of the May 25, 2005 Regular Council Meeting. ACTION TAKEN A TTORNEY GIVEN DIRECTION 674 Bakersfield, California, June 8, 2005 - Page 4 11. CONSENT CALENDAR continued Payments: b. Approval of department payments from May 13, 2005 to May 26, 2005 in the amount of $10,771,703.37 and self insurance payments from May 13, 2005 to May 26, 2005 in the amount of $199,130.64. Ordinances: Resolutions: c. Resolution establishing City Council Policy regarding the extension of vesting rights for subdivision maps. d. 125-ton Chiller for Rabobank Theater and Convention Center: Resolution dispensing with bidding procedures due to the necessity of completing an emergency replacement resulting from the failure of the 175 ton chiller that provides cooling to the Rabobank Theater and Convention Center, not to exceed $145,000.00. 2. Appropriate $145,000.00 Facility Replacement Reserve to the Capital Outlay Fund, Capital Improvement Budget. 1. e. Resolution determining that certain video equipment for the City Council Chambers cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $50,000.00. f. Resolution determining that two-way radio equipment for the Police Department cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore. not to exceed $60,000.00. g. Resolution adding territory, Area 1-57 (Allen, Palm 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. ACTION TAKEN RES 118-05 RES 119-05 AGR 05-219 RES 120-05 RES 121-05 RES 122-05 Bakersfield, California, June 8, 2005 - Page 5 675 11. CONSENT CALENDAR continued ACTION TAKEN h. Resolution of Intention No. 1378 preliminarily RO/1378 adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District and the 2005-2006 budget; setting time and place for hearing protests on the amount of street and median landscaping assessments to be levied throughout the Consolidated Maintenance District. i. Resolution of Intention No. 1379 preliminarily RO/1379 adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District and the 2005-2006 budget; setting time and place for hearing protests on the amount of park landscaping assessments to be levied throughout the Consolidated Maintenance District. Resolution of Intention No. 1380 preliminarily RO/1380 j. adopting, confirming and approving the Public Works Director's Report for the Traffic Signal Maintenance Districts and the 2005-2006 budget; setting time and place for hearing protests on the amount of assessments to be levied throughout the Traffic Signal Maintenance Districts. k. Resolution of Intention No. 1382 to order the RO/1382 vacation of the alley between H and Eye Streets between 27th and 28th Streets. I. Resolution of Intention No. 1383 to order the RO/1383 vacation of the street right of way at southwest corner of Truxtun Avenue and Commercial Way. m. Resolution of Intention No. 1386 to establish the RO/1386 revised drainage plan for the Breckinridge Planned Drainage Area and preliminarily approving the new fee schedule (142% increase based upon Construction Cost Index). n. Resolution of Intention No. 1387 to add territory, RO/1387 Area 5-19 (Casa Loma, Lotus SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. _H_·__ 676 Bakersfield, California, June 8, 2005 - Page 6 11. CONSENT CALENDAR continued ACTION TAKEN o. Resolution of Intention No. 1388 to add territory, Area 3-33 (Harris, Old River NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. RO/1388 p. Stockdale Highway Planned Sewer Area: DELETED 1. Resolution of Intention No. 1389 to establish the Stockdale Highway Planned Sewer Area and preliminarily approving the boundaries of the area and the cost and fee schedule. 2. First Reading of Ordinance amending Section 16.32.060 of the Municipal Code relating to sewer facilities. Agreements: q. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements AGR 05-203 with Granite Pointe Estates, LLC, for Tract AGR05-204 6095 Phases 6, 7 and 8 located north of AGR 05-205 Hosking Avenue and east of Wible Road. 2. Improvement Agreements with Castle & AGR 05-206 Cooke California, Inc., for Parcel Map AGR 05-207 11035 located south of Stockdale Highway AGR 05-208 and east of Buena Vista Road. 3. Improvement Agreement with Meany AGR 05-209 Partners, LLC, for Parcel Map 11092 located north of Meany Avenue and west of Coffee Road. AGR 05-210 4. Final Map and Improvement Agreements AGR 05-211 with Palma Homes, Inc. for Tract 5362 Unit 5 located south of Hosking Avenue and east of Wible Road. 5. Final Map and Improvement Agreement with AGR 05-212 Stuart Thomas, Inc., dba Lenox Homes for Tract 6210 Phases 1 and 2 located north of Berkshire Road and west of Monitor Street. -~- -~- Bakersfield, California, June 8, 2005 - Page 7 o l1J 11. CONSENT CALENDAR continued ACTION TAKEN r. 15 Acre Park Site: 1. Agreement with Old River Land Company to AGR 05-213 dedicate 15 acres located approximately 825 feet south of Berkshire Road on the west side of Mountain Ridge Drive for a future park. 2. Appropriate $2,000.00 Park Acquisition Fund Balance for escrow fees. s. Police Service Dogs: 1. . Agreement with Master K-9 Inc. ($30,381.00) AGR 05-214 to purchase and train three Police Service Dogs for the Police Department. 2. Appropriate $30,381.00 Seized Asset Forfeiture Revenues to the Police Department Operating Budget in the General Fund for the purchase and training of three Police Service Dogs. t. Agreement with Wilson & Associates (not to exceed AGR 05-215 $91,000.00) to provide specialized continuing disclosure services for various Special Assessment Districts. u. Extend Contracts for Chemicals Insecticides/Herbicides for Water Resources and Recreation & Parks Departments for twelve (12) months: 1. Amendment NO.1 to Agreement No. 04-146 AGR 04-146(1) with Abate-A-Weed, Inc. 2. Amendment NO.1 to Agreement No. 04-147 AGR 04-147(1) with Target Specialty Products. 3. Amendment NO.1 to Agreement No. 04-148 AGR 04-148(1) with Wilbur-Ellis Company. v. Amendment No.1 to Agreement No. 04-184 with AGR 04-184(1) Los Angeles Chemical Company to extend agreement for twelve (12) months for pool chemicals for the Recreation & Parks Department. 678 Bakersfield, California, June 8, 2005 - Page 8 11. CONSENT CALENDAR continued Amendment NO.1 to Agreement No. F04-003 with Quality Team, Inc. to extend agreement for twelve (12) months for broker services for sale of surplus equipment. x. Subdivision Plan Checking Services: w. 1. Amendment No. 1 to Agreement No. 04-109 with Cannon Associates ($10,000.00 for a total contract amount not to exceed $35,000.00) for plan checking services. Appropriate $10,000.00 additional improvement plan check revenue to the Public Works Department Operating Budget within the Development Services Fund. 2. Bids: y. Trunk Sewer Replacement along Planz Road: Accept bid and award contract to Floyd Johnston Construction ($8,815,190.00) for trunk sewer replacement along Planz Road. 2. Appropriate $4,400,000.00 Sewer Enterprise Fund Balance (Wastewater Treatment Plant 2) to the Capital Improvement Budget. 1. z. Extend bid from Jim Burke Ford ($44,229.72) for three (3) additional pickup trucks for the Recreation & Parks Department. aa. Reject all bids for Wastewater Treatment Plant 2 shop building roof replacement. bb. Reject bids for median modification and traffic signal and lighting installation on Q Street at 14th Street. cc. Reject bids for the construction of four ditch pipeline extension to L-208. Miscellaneous: dd. Community Development Block Grant (CDBG) Action Plan Amendment NO.3 (FY 04/05) to reprogram funds in the amount of $200,000.00 for the construction of Fire Station NO.5. ee. Acceptance of 2003-04 Transportation Development Act Funds Financial Statements. ACTION TAKEN AGR 05-216 AGR 05-217 AGR 05·218 Bakersfield, California, June 8, 2005 - Page 9 ó 19 11. CONSENT CALENDAR continued Motion by Vice-Mayor Maggard to approved Consent Calendar items 11.a. through 11.ee. with the removal of item 11.p. 12. CONSENT CALENDAR HEARINGS a. Protest hearing for proposed Assessment District No. 04-2 (Brighton Park/Brighton Village/Stockdale at Allen Commercial/Cherry Hill II): 1. Resolution approving Final Engineer's Report, levying assessments, ordering improvements and authorizing and directing related actions. 2. Resolution determining assessments remaining unpaid. Resolution authorizing issuance of bonds. Resolution approving form and substance of preliminary official statement and bond purchase contract, authorizing modifications thereto and execution thereof, and authorizing related documents and actions. 3. 4. b. Hearing to consider Resolution authorizing the submission of Section 108 Loan Guarantee application in the amount of $1 ,600,000.00 for construction of Fire Station NO.5 and execution of HUD Loan Agreements or other documents necessary to secure Section 108 Loan funding from the Federal Department of Housing and Urban Development. Hearing to consider Resolution authorizing the submission of Section 108 Loan Guarantee application in the amount of $3,750,000.00 and Brownfield Economic Development Initiative Grant (BEDI) in the amount of $750,000.00 to HUD to provide funds for various economic development and housing activities planned near Q Street and the Kern Island Canal. c. Hearings opened at 7:05 p.m. No one spoke. Hearings closed at 7:06 p.m. ACTION TAKEN APPROVED AS HANSON RES 123-05 RES 124-05 RES 125-05 RES 126-05 RES 127-05 RES 128-05 68 () Bakersfield, California, June 8,2005 - Page 10 12. CONSENT CALENDAR HEARINGS continued Motion by Vice-Mayor Maggard to approve Consent Calendar Hearing items 12.a. through 12.c. 13. HEARINGS a. Hearing to consider Resolution of Necessity to determine whether the public interest and necessity require acquisition by eminent domain of real property located at the intersection of Panama Lane and Colony Street (McMenomy property) for construction of a right turn lane. (Developer: Gateway, LLC) City Attorney Gennaro made staff comments. Hearing opened at 7:09 p.m. No one spoke. Hearing closed at 7:09 p.m. Motion by Councifmember Scrivner to adopt the Resolution. b. Hearing to consider Resolution adopting Commercial Refuse Fees for Fiscal Year 2005-06 (3.7% proposed rate increase). City Clerk McCarthy announced no correspondence was received in support or opposition to the rate increase. Public Works Director Rojas made staff comments. Hearing opened at 7:11 p.m. No one spoke. Hearing closed at 7:11 p.m. Motion by Vice-Mayor Maggard to adopt the Resolution. ACTION TAKEN APPROVED AS HANSON RES 129-05 APPROVED AS HANSON RES 130-05 APPROVED AS HANSON Bakersfield, California, June 8, 2005 - Page 11 681 13. HEARINGS continued c. Hearing to consider Resolution adopting Residential Refuse Fees for Fiscal Year 2005-06 (3.7% proposed rate increase). City Clerk McCarthy announced over 75,000 hearing notices had been mailed to property owners within the City limits. One letter was received in support, and sixteen letters were received in opposition to the proposal. Public Works Director Rojas made staff comments. Hearing opened at 7:13 p.m. No one spoke. Hearing closed at 7:13 p.m. Motion by Vice-Mayor Maggard to adopt the Resolution. d. Consolidated hearing to consider appeals by the City Public Works Department of the Planning Commission decision to approve extensions of vesting rights for Tract 6087 Phase D, located south of Ming Avenue, east of S. Allen Road (Developer: Castle & Cooke) and Tract 6104, Phases 1 & 5, located north of Panama Lane and east of Buena Vista Road (Developer: Centex) and adoption of resolution overturning the Planning Commission's decision (Engineer: Mcintosh and Associates). e. Hearing to consider Resolution denying appeals by Porter-Robertson Engineering of the Planning Commission decision to deny extensions of vesting rights for Tract 6121, Phase 1, located on the northeast corner of Brimhall Road and Jenkins Road (Engineer: Porter-Robertson/Subdivider: Froelich Signature Homes). City Clerk McCarthy reiterated Hearing items 13.d. and 13.e. have been removed from the agenda. ACTION TAKEN RES 131-05 APPROVED AS HANSON POSTPONED WITHDRAWN 682 Bakersfield, California, June 8, 2005 - Page 12 14. REPORTS ACTION TAKEN a. Department Budget Presentations: 1. Rabobank Arena and Bakersfield Ice Sports Center Jim Foss, General Manager of Rabobank Arena and Convention Center, presented a video overview and provided written material. 2. Greater Bakersfield Convention and Visitors' Bureau Bill Murray, General Manager 4-Points Sheraton Hotel and Chairman of the Board for the Greater Bakersfield Convention and Visitors Bureau, expressed appreciation for his organizations' relationships with the City and introduced Don Jaeger, President of the Greater Bakersfield Convention and Visitors Bureau, who made the presentation. 15. DEFERRED BUSINESS a. Council Goals and Objectives. Staff comments by Assistant City Manager Stinson. Additionally he advised that Councilmember Hanson requested action on this item be deferred to the next meeting. Council concurred. Mayor Hall announced the item will be continued to the June 22, 2005 meeting. 16. COUNCIL AND MAYOR STATEMENTS Councilmember Benham requested Public Works Director call her to discuss a prior referral before debriefing tomorrow morning. Councilmember Benham congratulated graduates in the community and expressed wishes for a safe celebration. Councilmember Carson endorsed Councilmember Benham's comments regarding graduation. Councilmember Sullivan congratulated recent graduates and noted local high school valedictorians will be honored at the next Council meeting. Bakersfield, California, June 8, 2005 - Page 13 683 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Sullivan requested staff survey other cities within Bakersfield's size range to determine Code Enforcement staffing levels and examine providing additional resources for City Code Enforcement. Councilmember Sullivan thanked the Police Department for enforcing laws against drag racing on Ming Avenue. Councilmember Sullivan congratulated Councilmember Scrivner on his upcoming marriage. Councifmember Scrivner requested the Legislation and Litigation Committee address the issue of length of time vehicles are allowed to park on the street without being moved. Councilmember Scrivner made comments regarding pension plans. Councilmember Couch requested staff provide a description and functional overview regarding the collection facility above the recharge basins on the Westside Parkway. Councilmember Couch requested information regarding swimming pool gunite inspections. Assistant Building Director Leonard responded. Councffmember Couch requested the Legislation and Litigation Committee review the annexation policy implemented four years ago and make suggestions for streamlining the process, due to changes in LAFco regulations. Council member Couch requested information regarding meeting with the City of Shatter and the County regarding facilitation of cooperation between the cities during development of areas of joint interest. City Manager Tandy responded. Vice-Mayor Maggard requested Recreation and Parks Director Hoover and Assistant City Manager Christensen regarding a group donation of a tennis court and the feasibflfty of conversion to a soccer facility. 684 --,._..,~- Bakersfield, California, June 8,2005 - Page 14 16. COUNCIL AND MAYOR STATEMENTS continued Vice-Mayor Maggard expressed appreciation to Senator Florez for sponsorship of legislation that would assure the City a seat on LAFco and requested staff draft a letter of appreciation to the Senator. Mayor Hall made comments regarding the closing of Mesa Marin Race Track and expressed appreciation to the owners for the contribution the track has made to the community. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 8:10 p.m. MA ATTEST: CITY CLERK and Ex Offici the Council of the City of Bak ACTION TAKEN