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Home My WebLink About01/16/08 CC MINUTES 505 l BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 16, 2008 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:29 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan Scrivner Absent: None. 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. l 4. CLOSED SESSION a. Conference with Labor Negotiator - Bill Avery; Closed Session pursuant to Government Code Section 54957.6 b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(A) of Government Code Section 54956.9 (One issue) c. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Victoria Rosales, et al v. City, et al USDC Eastern District Court Case No. CV- 05-237 REC TAG 2. CANYONS, LLC, and DKS Investments, LLC, v. City Kern County Superior Court Case No. S-1500-CV-260175-AEW l 506 Bakersfield, California, January 16, 2008 - Page 2 4. CLOSED SESSION continued ACTION TAKEN Item 4.c. continued 3. DKS Investments, LLC; John M. Tarabino J and Joseph A. Tarabino, Canyons, LLC; and General Holding, Inc., v City; Bakersfield City Council Kern County Superior Court Case No. S-1500-CV-259731-LPE 4. John. M. Tarabino and Joseph a. Tarabino, and DKS Investments, LLC, v City Kern County Superior Court Case No. S-1500-CV- 257620-SPC 5. North Kern Water Storage District v. Kern Delta Water, et al (1 sl Point) Tulare County Superior Court Case No. 96-172919 Fifth Appellate District Court Case No. F047706 California Supreme Court Case No. S 150976 6. City v. Kern Delta Water District, et al KCSC Case No. S-1500-CV-258097-NFT now known as Ventura County Case No. CIV242067 7. City v. City of Shafter (CEQA), et al J Kern County Superior Court Case No. S- 1500-CV -260277 - RJO 8. City v. North Kern Water Storage District, et al Kern County Superior Court Case No. S- 1500-CV-260360-AEW Tulare County Superior Court Case No. 224933 9. City v. Oildale Mutual Water Company Kern County Superior Court Case No. S- 1500-CV -260384-LPE Motion by Vice-Mayor Hanson to adjourn to Closed APPROVED Session at 5:31 p.m. Motion by Vice-Mayor Hanson to adjourn from Closed APPROVED Session at 7:05 p.m. J Bakersfield, California, January 16, 2008 - Page 3 RECONVENED MEETING - approximately 7:09 p.m. l 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None. 6. INVOCATION by Councilmember Carson 7. PLEDGE OF ALLEGIANCE by Stephan Potter, 41h grade student at Discovery Elementary School. 8. CLOSED SESSION ACTION a. Conference with Labor Negotiator - Bill Avery; Closed Session pursuant to Government Code Section 54957.6 b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(A) of Government Code Section 54956.9 (One issue) l c. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Victoria Rosales, et al v. City, et al USDC Eastern District Court Case No. CV- 05-237 REC TAG 2. CANYONS, LLC, and DKS Investments, LLC, v. City Kern County Superior Court 3. DKS Investments, LLC; John M. Tarabino and Joseph A. Tarabino, Canyons, LLC; and General Holding, Inc., v City; Bakersfield City Council Kern County Superior Court Case No. S-1500-CV-259731-LPE 4. John. M. Tarabino and Joseph a. Tarabino, and DKS Investments, LLC, v City Kern County Superior Court Case No. S-1500-CV- 257620-SPC l 507 ACTION TAKEN 508 Bakersfield, California, January 16, 2008 - Page 4 8. CLOSED SESSION ACTION continued ACTION TAKEN Item a.C. continued 5. North Kern Water Storage District v. Kern J Delta Water, et al (151 Point) Tulare County Superior Court Case No. 96-172919 Fifth Appellate District Court Case No. F047706 California Supreme Court Case No. S 150976 6. City v. Kern Delta Water District, et al KCSC Case No. S-1500-CV-258097-NFT now known as Ventura County Case No. CIV242067 7. City v. City of Shafter (CEQA), et al Kern County Superior Court Case No. S- 1500-CV -260277 -RJO 8. City v. North Kern Water Storage District, et al Kern County Superior Court Case No. S- 1500-CV-260360-AEW Tulare County Superior Court Case No. 224933 9. City v. Oildale Mutual Water Company Kern County Superior Court Case No. S- j 1500-CV-260384-LPE City Attorney Ginnaro announced Closed Session will resume later in the meeting and Closed Session Action will be announced after that session is concluded. 9. PRESENTATIONS None. Motion by Vice-Mayor Hanson to move item 14.b. APPROVED forward on the agenda to be conducted immediately after Public Statements. 10. PUBLIC STATEMENTS a. Dennis Fox spoke regarding the powder plant at Rosedale and Coffee. b. Bob Coons spoke regarding the Jastro Park swimming pool. Hearing item 14.b. moved forward on the agenda. j l L l 14. b. Bakersfield, California, January 16, 2008 - Page 5 509 HEARINGS ACTION TAKEN Public Hearing per Section 2.76.130A2 of the Municipal Code to address employee health benefits and related contracts. 2008 Health Care Plan Contracts: 1. AGR 05-414(3) Amendment No. 3 to Agreement 05-414 with Blue Cross of California for Indemnity Health and Dental Services. 2. Amendment No. 3 to Agreement 05-415 with Blue Cross/California Care - Managed Care Health Plan for Medical Services for employees and retirees. AGR 05-415(3) 3. Amendment No. 3 to Agreement 05-417 with Kaiser Permanente - Managed Care Health Plan for Medical Services for employees. AGR 05-417(3) 4. Amendment No. 3 to Agreement 05-418 with Kaiser Permanente - Managed Care Health Plan for Medical Services for retirees. AGR 05-418(3) City Clerk McCarthy announced correspondence was received from the Insurance Committee regarding the health care contracts. City Manager Tandy made staff comments. Hearing opened at 7:39 p.m. Richard Watkins, Margaret Ursin, Chuck Waide and Gene Bogart spoke in opposition to the staff recommendation. Hearing closed at 7:56 p.m. Bakersfield, California, January 16, 2008 - Page 6 ACTION TAKEN 510 14. HEARINGS Vice-Mayor Hanson directed staff to review the current process regarding implementation of coverage for employees and retirees including the following: . Review of timelines . Review the on-going relationship with Buck Consultants . Review every category within the insurance carriers regarding current status verses cost savings measures . Be prepared to negotiate with the Insurance Committee no later than June 3dh each year in order to avert a yearly insurance crisis investigate the feasibility of implementing two or three year contracts . Plan modifications to be completed by October 31st each year Motion by Vice-Mayor Hanson to approve the health care contracts including a $356,060.00 reduction in premiums for plan changes. Councilmember Couch requested the Personnel Committee investigate implementation of cap on a sliding scale rewarding retirees on their length of employment. Councilmember Couch requested Vice-Mayor Hanson incorporate a friendly amendment to his motion regarding the health care contracts that the balance of the shortfall be paid from the City Council Contingency Fund. Councilmember Couch requested the Personnel Committee address retiree costs and explore providing different levels of coverage within the plans. Councilmember Benham called for the question. Motion by Vice-Mayor Hanson to approve the health care contracts including a $356,060.00 reduction in premiums for plan changes with the incorporation of Councilmember Couch's friendly amendment that the balance of the shortfall be paid from the City Council Contingency Fund. Recess taken from 8:30 p.m. to 8:40 p.m. J NO ACTION TAKEN j ACCEPTED APPROVED, NS WEIR, SULLIVAN, SCRIVNER j l l l Bakersfield, California, January 16, 2008 - Page 7 511 11. APPOINTMENTS ACTION TAKEN None. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the December 12, 2007, Regular City Council Meeting. Payments: b. AS WEIR Approval of department payments from December 1, 2007 to January 4, 2008 in the amount of $34,364,081.39 and self-insurance payments from December 1, 2007 to January 4, 2008 in the amount of $563,300.98. Ordinances: c. Adoption of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map No. 124-17) of the Municipal Code by changing the zoning to R-1 (One Family Dwelling) on 78.64 acres located at the northeast corner of S. Fairfax Road and E. Wilson Road. (GPA/ZC 07-1193) (Applicant: Mcintosh & Associates/Property Owner: Fairfax Holdings LP) Adoption of Ordinance approving the Notice of Exemption and amending Title 17 (Zone Map No. 104-07) of the Municipal Code by changing the zoning from R-S-2.5A (Residential Suburban-2.5 acre minimum lot size) to RE (Recreation) on 19.47 acres located along the south side of State Route 178, east of Canteria Drive. (GPA/ZC 07-1535) (Applicant/Property Owner: City of Bakersfield) Adoption of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map No. 104-15) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to C-1/PCD (Neighborhood Commercial/Planned Commercial Development) on 4.59 acres located on the northwest corner of Alfred Harrell Highway and State Route 178. (GPA/ZC 06-2053) (Applicant: East West Developers/Property Owner: Malladi S. Reddy) ORD 4484 ORD 4482 d. ORD 4483 e. 512 Bakersfield, California, January 16, 2008 - Page 8 12. CONSENT CALENDAR continued ACTION TAKEN f. Adoption of Ordinance approving the Negative ORD 4485 j Declaration and amending Title 17 (Zone Map No. 123-29) of the Municipal Code by changing the zoning from R-2 (Limited Multiple Family Dwelling) to C-O/PCD (Professional and Administrative Office/Planned Commercial Development) on 22.46 acres located at the northwest corner of Gosford Road and Berkshire Road. (GPA/ZC 07-1218) (Applicant: Aaron Hashim/Property Owner: The Davis Family Trust) g. Adoption of Ordinance amending Title 17 (Zone ORD 4486 Map No. 142-06) of the Municipal Code by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) on approximately 235 acres and A to R-2 (Limited Multiple Family Dwelling) on approximately 78 acres generally bounded by State Route 119 (Taft Highway) on the north, Curnow Road on the south, Old River Road on the east and Buena Vista Road on the west. (GPA/ZC 05-1420) (Applicant: Marino and Associates/Property Owner: Bakersfield-Taft, LLC) h. Adoption of Ordinance approving the Negative ORD 4487 ~ Declaration and amending Title 17 (Zone Map J No. 123-32) of the Municipal Code by changing the zoning from A (Agriculture) to M-1 (Light Manufacturing) on 45.4 acres located at the northwest corner of Gosford Road and the future McKee Road. (GPA/ZC 07-1365) (Applicant: Carl R. Moreland/Property Owner: Banducci Land, LLC) Resolutions: i. Resolution calling for the Mayor's Primary Election and requesting consolidation with the County of Kern, for the Statewide Direct Primary Election to be held Tuesday, June 3, 2008. RES 001-08 j. Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. RES 002-08 j l L l Bakersfield, California, January 16, 2008 - Page 9 513 12. CONSENT CALENDAR continued ACTION TAKEN k. Sewer Connection Fee Assessments for 13115 Monarch Palm Avenue: 1. RES 003-08 Resolution confirming assessments for sewer connection fee and authorizing the collection of assessments by the Kern County Tax Collector. Agreement with Patrick A. Thompson and Karen J. Thompson to pay sewer connection fee in installments and notice of special assessment lien. 2. AGR 08-001 I. Sewer Connection and Construction Fees for the McDonald Area Sewer Project: 1. RES 004-08 Resolution confirming assessments for sewer connection fee including the construction fee and authorizing the collection of assessments by the Kern CountyTax Collector. 2. Agreements to pay sewer connection and construction fee in installments and notice of special assessment lien with: a. R. Paul Lackey and Lisa M. Lackey, 109 N. Stine Road AGR 08-002 b. AGR 08-003 Frank R. Nunez and Guadalupe C. Nunez, 116 N. Stine Road c. Christy L. Chappell & Steven A. Blake, 121 Suzanne Street AGR 08-004 m. Resolutions adding the following territories to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing bncollection of assessments by the Kern County Tax Collector. 1. 2. RES 005-08 Area 1-80 (Calloway, Flushing Quail NE) Area 1-81 (Renfro, Reina NW) Area 1-82 (Jewetta, Etchart SW) RES 006-08 RES 007-08 3. 514 Bakersfield, California, January 16, 2008 - Page 10 12. CONSENT CALENDAR continued ACTION TAKEN n. Resolution to extend the terms of existing PG&E RES 008-08 J franchise agreements for the use, transmission, and distribution of gas and electricity within the City for a period of 90 days (to May 19, 2008) under the existing terms and conditions. o. Resolution of Intention No. 1577 to add territory, R011577 Area 1-79 (Allen, Kratzmeyer NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. p. Resolution of Intention No. 1580 to add territory, ROl1580 Area 4-82 (341h Street from "Q" Street to Union Avenue) to the Consolidated Maintenance District, preliminarily adopting, confirming and approving Public Works Director's Report and setting time and place for hearing protests to the proposed addition of territory. q. Resolution of Intention No. 1583 to add territory, ROl1583 Area 5-37 (Berkshire, Madison S) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works J Director's Report. Resolution of Intention No. 1584 to add territory, ROl1584 r. Area 5-42 (Washington, Feliz SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. s. Resolution of Intention No. 1585 to add territory, ROl1585 Area 5-43 (White, S Union NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. t. Resolution of Intention No. 1571 to order the R011571 vacation of the 10 foot wide Public Utility Easement in Tract No. 6295 (Phases 1 & 2) located north of the intersection of River Ranch Drive and White Rock Drive. u. Resolution of Intention No. 1574 to order the ROl1574 vacation of the 5 foot wide pedestrian walkway at Stolle Court and N. Half Moon Drive. t' J l l l, jl;',. . Bakersfield, California, January 16, 2008 - Page 11 515 12. CONSENT CALENDAR continued ACTION TAKEN v. Amendment No. 1 to Resolution No. 192-06 acknowledging LAFCO proceedings for Annexation No. 531 located north of Stockdale Highway, generally west of Renfro Road. RES 192-06(1) Agreements: w. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with Fairway Oaks South, L.P., for Tract 6894 located at the southeast corner of Mountain Vista Drive and Southern Pacific Railroad. AGR 08-005 AGR 08-006 2. Final Map and Improvement Agreements with GMAC Model Home Finance, LLC and Lennar Homes of California, Inc. for Tract 6328, Unit 3 located at the northwest corner of Mountain Vista Drive and Berkshire Road. AGR 08-007 AGR 08-008 x. Agreement with CompuCom Systems, Inc. ($201,604.58) to provide Microsoft licenses for 1029 computers. AGR 04-241(3) y. Agreement with Environmental Systems Research Institute, Inc. ($42,678.13) to provide licenses and software support for server and client software. AGR 08-010 Agreement with Meyer Civil Engineering, Inc. ($54,623) to provide engineering and design of a storm water basin within the Breckenridge Planned Drainage Area. aa. Environmental Impact Report (EIR) Processing: AGR 08-011 z. Agreement with Land Consulting Services, Inc. (not to exceed $100,000) to assist the Planning Division staff with EI R processing. 2. Appropriate $100,000 (developer's contribution) to the Development Services operating budget. 1. AGR 08-012 ~. _,....._ _ .......~,.,,_, ~. ...~ -...I__..L......, _ _ L.A~' __._,.....,~ u,,-,!'.._'l...__.~_.... .~ __"._.,...' _.1.,._., ,..._~..n."_."'. >.J~._. .., ,_,&. _',_ _._.""',,, '''''._ .... ._..'..... r-~._.._~_.~------ ~1.6 Bakersfield, California, January 16, 2008 - Page 12 12. CONSENT CALENDAR continued ACTION TAKEN bb. Project Environmental Impact Report (PEIR) for Site j Plan Review No. 07-2211 (Crossroads Plaza) located north of Panama Lane to Harris Road, west of Gosford Road. 1. Agreement with Castle & Cooke AGR 08-013 Commercial-CA, Inc. for preparation of PEIR. 2. Agreement with RBF Consulting ($122,610) AGR 08-014 to prepare PEIR. 3. Appropriate $122,610 (developer's contribution) to the Development Services operating budget in the General Fund. cc. Agreement with Redflex Traffic Systems, Inc. for AGR 08-015 digital automated red light photo enforcement cameras. dd. Breckenridge Planned Drainage Area Reimbursement Agreement: 1. Agreement with Mountain View Bravo, LLC, AGR 08-016 ($2,074,710) pertaining to storm drain j improvements in the City in the Hills Master Plan Community. 2. Appropriate $635,000 (developer's contribution) to the public works capital improvement budget within the capital outlay fund for reimbursement payment for public improvements constructed by developer. ee. Amendment NO.1 to Agreement No. 07-192 with AGR 07-192(1) Meyer Civil Engineering, Inc. ($38,750; revised not to exceed $145,390) for additional engineering and construction administration services for the Mill Creek-Phase 1 (Central Park). ff. Amendment NO.2 to Agreement No. 06-172 with AGR 06-172(2) Housing Authority of the County of Kern (HACK) to assign the agreement and all interest to Village Park Senior Apartments, L.P. for the senior housing project located at 241h and R Streets. j l l l 511 Bakersfield, California, January 16, 2008 - Page 13 12. CONSENT CALENDAR continued ACTION TAKEN Bids: gg. Accept bid from Gibbs International, Inc. ($135,493.25) for one additional water truck for Water Resources. hh. Accept bid from Alhambra Foundry Co. ($83,011.50) for manhole and catch basin frames and covers. Miscellaneous: ii. Revised job specification for Convention & Visitors Bureau Manager. jj. Community Services Committee Report regarding City swimming pool analysis: 1. Hire an aquatics consultant to provide information on the status of Planz and Siemon Park pools and make recommendations for future actions. Cooperate with the Kern High School District and Old River Ranch Developers to create a plan for the future provision and placement of a pool in southwest Bakersfield. 3. Appropriate $400,000 Capital Outlay Fund Balance to the Parks Department Capital Improvement Budget within the Capital Outlay Fund for conversion of Jastro Pool into a spray park. 2. 4. RES 009-08 Resolution determining that wet play equipment for Jastro Park cannot be obtained through the usual bidding procedures and authorizing the finance Director to dispense with bidding therefore, not to exceed $160,000. 518 Bakersfield, California, January 16, 2008 - Page 14 12. CONSENT CALENDAR continued ACTION TAKEN kk. Audit Reports for fiscal year ended June 30,2007. j L 1. Comprehensive Annual Financial Report (CAFR). 2. Independent Auditors Report - Single Audit Report - Schedule of Federal Expenditures for the City. 3. Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan. 4. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City. 5. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre. City Clerk McCarthy announced a correction to item 12.jj.4. j Councilmember Weir announced he would abstain due to conflict of interest, source of income, on item 12.b.. Motion by Vice-Mayor Hanson to approve Consent APPROVED Calendar items 12.a. through 12.kk. 13. CONSENT CALENDAR HEARINGS Public Hearing to consider Resolution making RES 010-008 a. findings and updating the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. j l L l 519 Bakersfield, California, January 16, 2008 - Page 15 13. CONSENT CALENDAR HEARINGS ACTION TAKEN b. General Plan Amendment/Zone Change No. 07- 2017; AMCAL Multi-housing has applied for a general plan amendment and zone change on approximately 2.5 acres located at 701 Union Avenue. 1. RES 011-08 Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from GC (General Commercial) and LR (Low Density Residential) to HR (High Density Residential) on approximately 2.34 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map No. 103-31) of the Municipal Code from C-2 (Regional Commercial) and R-2 (Limited Multi-family Dwelling Residential) to R-3/PUD (Multiple Family Dwelling/Planned Unit Development) on approximately 2.34 acres and C-2 to C-21PCD (Planned Commercial Development) on approximately .25 acres. Hearings opened at 8:42 p.m. No one spoke. FR Hearings closed at 8:42 p.m. Motion by Vice-Mayor Hanson to approve Consent Calendar items 13.a. and 13.b. APPROVED ... 'j 20 14. HEARINGS Bakersfield, California, January 16, 2008 - Page 16 ACTION TAKEN a. Zone Change No. 07-1077; Jim Marino, Marino & Associates, has applied for a zone change on approximately 27 acres located generally south of Hageman Road, west of Piedmont Avenue and east of the Burlington Northern Santa Fe (BNSF) railroad. Jim Marino has also filed an appeal of the Planning Commission decision. CONTINUED TO 1-30-08 j 1. First Reading of Ordinance approving the Negative Declaration, denying the appeal and amending Title 17 (Zone Map Nos. 101- 13 and 101-24) of the Municipal Code by changing the zoning from A (Agriculture) to M-1 (Light Manufacturing) on approximately 10 acres and from A to E (Estate Dwelling) on approximately 17 acres. City Clerk McCarthy announced correspondence was received from Jim Marino, Marino and Associates requesting this item be continued. Staff comments by Development Services Director Grady. Motion by Councilmember Couch to continue the hearing to January 30, 2008. APPROVED J Hearing opened at 8:44 p.m. 15. REPORTS None. 16. DEFERRED BUSINESS None. 17. NEW BUSINESS None. 18. MAYOR AND COUNCIL STATEMENTS Councilmember Scrivner requested the Planning and Development Committee address improving the appearance of sound and retaining walls along freeways. J Bakersfield, California, January 16, 2008 - Page 17 521 18. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN l Councilmember Carson requested information regarding local government jurisdiction at the intersection of Union and Belle Terrace on the south side. Councilmember Sullivan requested staff provide information regarding the maintenance of the freeway on ramp northbound at Ming and Hwy. 99. Public Works Director Rojas responded. Councilmember Sullivan requested staff remove graffiti near Pinewood Lake at Akers and Planz; additionally she encouraged residents to continue assisting in graffiti removal and thanked them for past efforts. Vice-Mayor Hanson requested staff review an e-mail regarding prevailing wage and provided contact information. Vice-Mayor Hanson requested information regarding Fire Department response time in the Southwest; additionally he requested information regarding funding for Fire Station No. 14. Chief Fraze responded l regarding response time and will provide further information on fire station funding. Mayor Hall thanked Marina Manzano for her service to the Keep Bakersfield Beautiful Program; additionally made comments regarding employee retention. Mayor Hall made comments regarding coordinating services with the County in order to maximize utilization of tax dollars. Motion by Vice-Mayor to re-adjourn to Closed Session APPROVED at 8:56 p.m. Motion by Vice-Mayor Hanson to adjourn from Closed APPROVED Session at 10:20 p.m. 8. CLOSED SESSION ACTION NO REPORTASLE a. Conference with Labor Negotiator - Bill Avery; ACTION Closed Session pu rsuant to Government Code Section 54957.6 b. Conference with Legal Counsel - Potential STAFF GIVEN l Litigation; Closed Session pursuant to DIRECTION subdivision (b)(1 )(3)(A) of Government Code Section 54956.9 (One issue) .L__.._-'"-...__h....----"- ___.~'.". _.cL'~ ___________.,<.""-.., ~^.~._..I............----""""-..............~...___""'._........_ ......,..._~..... __,.... '........,_ _.,.._..~......,......,.. _..._~_. ._~.."., ... ...................................... ...~~.. ..__. _-"'~_."___....., " , i u'''" J r 522 Bakersfield, California, January 16, 2008 - Page 18 ACTION TAKEN 8. CLOSED SESSION ACTION continued Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: J c. 1. Victoria Rosales, et al v. City,. et al USDC Eastern District Court Case No. CV- 05-237 REC TAG SETTLEMENT AUTHORIZED City Attorney Gennaro announced Council unanimously authorized settlement in the amount not to exceed $397,500.00. 2. CANYONS, LLC, and DKS Investments, LLC, v. City Kern County Superior Court CITY ATTORNEY GIVEN DIRECTION 3. DKS Investments, LLC; John M. Tarabino and Joseph A. Tarabino, Canyons, LLC; and General Holding, Inc., v City; Bakersfield City Council Kern County Superior Court Case No. S-1500-CV-259731-LPE CITY ATTORNEY GIVEN DIRECTION 4. John. M. Tarabino and Joseph a. Tarabino, and DKS Investments, LLC, v City Kern County Superior Court Case No. S-1500-CV- 257620-SPC CITY ATTORNEY GIVEN DIRECTION J 5. North Kern Water Storage District v. Kern Delta Water, et al (1 sl Point) Tulare County Superior Court Case No. 96-172919 Fifth Appellate District Court Case No. F047706 California Supreme Court Case No. S 150976 DELETED 6. City v. Kern Delta Water District, et al KCSC Case No. S-1500-CV-258097-NFT now known as Ventura County Case No. CIV242067 DEFERRED TO LA TER MEETING 7. City v. City of Shafter (CEQA), et al Kern County Superior Court Case No. S- 1500-CV -260277 -RJO DEFERRED TO LA TER MEETING 8. City v. North Kern Water Storage District, et al Kern County Superior Court Case No. S- 1500-CV-260360-AEW Tulare County Superior Court Case No. 224933 DEFERRED TO LA TER MEETING J l l l I.....--. Bakersfield, California, January 16, 2008 - Page 19 8. CLOSED SESSION ACTION continued 9. City v. Oildale Mutual Water Company Kern County Superior Court Case No. S- 1500-CV -260384-LPE 19. ADJOURNMENT Mayor Hall adjourned the me ting at 10:25 ATTEST: fb'lf,. CITY CLERK and Ex icio Clerk of the Council of the City f Bakersfield 523 ACTION TAKEN DEFERRED TO LA TER MEETING '" 524 Bakersfield, California, January 16, 2008 - Page 20 ****THIS PAGE INTENTIONALLY LEFT BLANK**** J j J