HomeMy WebLinkAbout03/12/03 MINUTES CC59
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
MARCH 12, 2003
City Council Chamber, City Hall, 1501 Truxtun Ave.
Pre-Meeting 5:15 p.m., Regular Meeting 7:00 p.m.
ACTION TAKEN
PREMEETING
1. ROLL CALL
Present:
Vice-Mayor Couch, Councilmembers Carson,
Benham, Maggard, Hanson, Sullivan (seated at 5:33),
Salvaggio
Absent: Mayor Hall
(20 min.)
WORKSHOP
a. 24t~ Street Corridor Improvements/"Tree" Street Closures.
Public Works Director Rojas made staff comments. Civil
Engineer Wright provided hand-outs and made a computer
presentation.
Maggard requested staff research the feasibility of acquiring
properties along the 24~ St. Freeway Alignment as they are
offered for sale by present owners and ranting them out during
the interim between the time the property would be required for
expansion of the roadway and provide projections regarding
how the City might benefit financially from such an arrangement.
Benham requested staff explore and report to Council whether
the EIR process can raasonably begin in order to expedite long
term solutions to traffic concerns, and/or provide temporary
measures to relieve immediate concerns.
6O
Bakersfield, California March 12, 2003 - Page 2
WORKSHOP continued
Capital Improvement Program Update Report for Fiscal Year
2002-2003.
Public Works Director Rojas made staff comments. Design
Engineer Ramming provided hand-outs and made a computer
presentation.
Salvaggio requested staff explore funding sources for the sound
wall at the Highway 99 and White Lane interchange should State
funds be unavailable.
Motion by Couch to recess to Closed Session at 6:15 p.m.
CLOSED SESSION
a
Conference with Legal Counsel - Anticipated Litigation;
Significant exposure to litigation pursuant to subdivision
(b)(3)(D) of Government Code Section 5456.9. One potential
case.
Motion by Salvaggio to adjourn from Closed Session at 6:57p. mo
ACTION TAKEN
APPROVED
APPROVED
REGULAR MEETING
1. INVOCATION by Executive Pastor Brian Murphy, Riverlakes
Community Church.
2. PLEDGE OF ALLEGIANCE by Amelia Eglund, 2nd Grade Student,
Downtown Elementary School.
ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham Maggard, Hanson, Sullivan,
Salvaggio
Absent: None
Bakersfield, California March 12, 2003 - Page 3
CLOSED SESSION ACTION
Conference with Legal Counsel - Anticipated Litigation;
Significant exposure to litigation pursuant to subdivision
(b)(3)(D) of Government Code Section 54956.9. One
potential case.
PRESENTATIONS
Acknowledging the Office of Environmental Services for their
Pollution Prevention Award from Cai EPA, Chief Fraze
recognized Ralph Huey and Howard Wines for EPA service
and acknowledging Emergency Communications Center
Accreditation Center of Excellence protocols. Chief Fraze
recognized Walt Moulton and the dispatchers; ECC is in
compliance with all national and international standards,
significantly reducing the likelihood of dispatch-related
litigation.
Presentation by Mayor Hall of Proclamation to Ebony
Counseling Center, proclaiming March 24 - 28, 2003, as
"Male Responsibility and Girl Power Week."
Mayor Hall acknowledged a Ridgeview High School
government class and Troop 139 from the First Presbyterian
Church lead by Richard Young, accompanied by Michael
McCarthy and Matt Buckman.
PUBLIC STATEMENTS
Richard Groves spoke regarding community and economic
concams.
Maggard requested staff provide a written explanation regarding
the process encountered by projects seeking City approval and
that the name and phone number of a staff contact be provided
Mr. Groves.
Bryan Gonzales, Pastor at Bakersfield Community Church,
spoke regarding fireworks booth permits.
Salvaggio requested staff investigate the status of the Church's
permanent permit to sell fireworks and report to Council.
ACTION TAKEN
NAT
c. Alan Daniels spoke regarding the Junior Olympics Swim
Meet.
Bakersfield, California March 12, 2003 - Page 4
PUBLIC STATEMENTS continued
Susan Begin spoke regarding the downtown pool, recognized
members of the High School Swim-A-Thon teams and
advised that a donation to the Kern Foundation for the pool
was to be made.
Donald Bynum presented a $7,470.62 donation from the
Swim-A-Thon to the Kern Foundation for the downtown pool.
Mayor Hall recused himself due to a conflict of interest.
Vic-Mayor Couch assumed control of the meeting.
Stuart Gentry spoke regarding the ambulance rate increase
and presented written material.
APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
a. Minutes from Meeting of February 26, 2003.
Payments:
Approval of department payments from February 14,2003 to
February 27, 2003 in the amount of $5,928,621.91 and self
insurance payments from February 14, 2003 to February 27,
2003 in the amount of $140,502.73
Ordinances:
Adoption of Ordinance adding a new Chapter 8.90 to the
Bakersfield Municipal Code Regulating Land Applications of
Biosolids within the City Limits. (First Reading 2/12/03)
ACTION TAKEN
ORD 4'1'13
63
8.
(Ward 3)
(Ward 2)
(Ward 6)
(Ward 4)
(Ward 4)
Bakersfield, California March 12, 2003 - Page 5
CONSENT CALENDAR continued
Adoption of Ordinance approving the Negative Declaration,
amending Title 17 of the Municipal Code and Zoning Map No.
103-21 changing the zoning from C-2 (Regional Commercial)
to R-3 (Limited Multiple-Family Dwelling/PUD (Planned Unit
Development on 1.78 acres located along the north side of
Height Street approximately 258 feet west of the centedine of
Mt. Vernon Avenue and approximately 80 feet north of State
Route 178 (ZC 02-0853). (First Reading 2/26/03)
Adoption of an Ordinance approving the Negative Declaration
and amending Title 17 of the Municipal Code and Zoning Map
No. 103-30 from CC (Commercial Center) to PUD (Planned
Unit Development) zone on 8 acres, located at the northeast
corner of 21st Street and R Street. (ZC 02-0961) (First
Reading 2/26/03)
Adoption of an Ordinance approving the Negative Declaration
and amending Title 17 of the Municipal Code and Zoning Map
No. 123-14 from R-1 (One Family Dwelling) to R-2 CH
(Limited Multiple Family Dwelling-Church) on 3.41 acres, R-1
CH (One Family Dwelling-Church) to R-2 (Limited Multiple
Family Dwelling on 2.05 acres, and R-1 (One Family Dwelling)
to R-2 (Limited Multiple Family Dwelling) on.16 acres located
adjacent on the east side of Akers Road, just north of White
Lane (ZC 02-0837). (First Reading 2/26/03)
Adoption of Ordinance approving the Negative Declaration
and amending Title 17 of the Municipal Code and Zoning Map
No. 101-12 from (Agriculture) to R-1 (One Family Dwelling)
zone on 80 acres, located at the north of Olive Drive, east of
Allen Road (ZC 02-0959). (First Reading 2/26/03)
Resolutions:
Resolution of Intention No. 1291 to add territory, Area 1-34
(Olive, Old Farm 2) to the Consolidated Maintenance District
and preliminarily adopting, confirming and approving Public
Works Director's Report.
ACTION TAKEN
ORD 4114
ORD 4115
ORD 4116
ORD 4117
ROI 1291
(Ward 2)
(Ward 6,7)
(Ward 6)
Bakersfield, California March 12, 2003 - Page 6
CONSENT CALENDAR continued
Surplus Property:
1. Resolution declaring real property located at 102913~
Street surplus to needs of the City.
Agreement with D.W. Sivers Company to purchase
1029 13th Street for $28,000.
Resolution of Application proposing proceedings for
annexation of uninhabited territory to the City of Bakersfield
property identified as Annexation No. 444 & 445 located along
the north side of Hosking Avenue, west of South Union
Avenue and located along the east side of Gosford Road to
Ashe Road, north of McCutchen Road.
k. Resolution to Dispense with Bidding:
Resolution determining that an addition to the current
automated fueling system at seven fire stations
cannot be reasonably obtained through the usual
bidding procedures and authorizing the Finance
Director to dispense with bidding, therefore, not to
exceed $110,000 (E.J. Ward, Inc.)
Appropriate $55,000 from the Equipment Fund
Balance to the Capital Improvement Budget.
Agreements:
Agreement with California State University, Bakersfield,
University Police Department, a State agency with tax exempt
status, to pumhase twenty (20) used, surplus radios and one
(1) bank charger from the City for $10.00 each, for a total of
$210.00.
Consultant's Agreement with Luster National, Inc., (not to
exceed $129,237) to provide construction management for
the headworks upgrade project at Wastewater Treatment
Plant 3.
Amendment No. 2 to Agreement No. 00-9 reflecting name
change from Thyssen Dover Elevator to Thyssen Krupp
Elevator Corporation.
ACTION TAKEN
RES 038-03
A GR 03-041
DEED 5832
RES 039-03
RES 040-03
RES 041.03
AGR 03-042
AGR 03-043
AGR 00-9(2)
65
(Ward 6,7)
Bakersfield, California March 12, 2003 - Page 7
CONSENT CALENDAR continued
o. Improvement Plan Checking Engineering Services:
Design Consultant Contract with Meyer Civil
Engineering, Inc. (not to exceed $50,000) for
improvement plan checking engineering services.
Appropriate $50,000 additional General Fund
Improvement Plan Check Revenue to the Public
Works Department's Operating Budget.
p. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreement with FSI
Developers, LLC for Tract 6066 Unit 2 located south
of Berkshire Road and west of Akers Road.
Final Map and Improvement Agreements with JBV
LLC for Tract 6116 Ioceted east of Buena Vista Road
and north of Illusion Drive.
Agreement with the Law Offices of Hanna, Brophy, MacLean,
McAleer & Jensen for Workers' Compensation Legal Services
in the amount of $100,000 to be paid from the Self-Insurance
Workers' Compensation Fund.
Amendment No. 4 ($100,000; for a total contract amount of
$600,000) to On Call Civil Engineering Services Design
Consultant Agreement No. 00-186 with Ruettgers & Schuler
Civil Engineers for additional On Call Civil Engineering
Services.
s. Amendment to Agreement No. 01-172 (1)
Increase amount of the annual contract to Groeniger
& Company by $75,000 for fire hydrants and burys.
Appropriate $75,000 Fire Hydrant Revenue to the
General Fund Fire Department Operating Budget for
the purchase of fire hydrants and burys.
t. Banking Services Agreement with Bank of America, NA.
ACTION TAKEN
AGR 03-044
AGR 03-045
AGR 03-046
AGR 03-047
AGR 03-048
AGR 00-186(4)
A(~R 01-172(1)
AGR 03-050
8o
(Ward 2,3)
(Wards 2,3)
(Ward 2)
Bakersfield, California March 12, 2003 - Page 8
CONSENT CALENDAR continued
u. Amend City Attorney's Contract and Change Salary Schedule:
Amendment No. 4 to Agreement No. 98-300 - City
Attorney's Contract.
Amendment No. 8 to Resolution No. 122-01 Setting
Salades and Related Benefits for Officers and
Employees of the General Supervisory, Police
Supervisor and Management Unit and Adopting
Salary Schedule and Related Benefits for City
Attorney.
Approve Construction Management (CM) Agreement
($204,056 with Parsons Brinckerhoff (PB) Construction
Services, Inc. for providing construction management
services during the seismic retrofit upgrade of four (4) City
owned bridges
Bids:
w. Seismic Retrofit of four City Owned Bridges:
Accept bid to award contract to Kaweah Construction
Co. ($1,030,609).
Appropriate $906,936 Federal and $226,734 State
Seismic Retrofit Grants to the ISTEA Fund and the
Gas Tax Fund Capital Improvement Budgets
respectively.
Transfer $77,000 of appropriations within the Gas Tax
Fund's Capital Improvement Budget to this project.
Accept bid to award contract to P & J Electrical Construction,
Inc. ($26,976) to replace fire alarm system in City Hall Annex
Building.
ACTION TAKEN
AGR 98-300(4)
RES 122-01(8)
AGR 03-051
AGR 03-052
AGR 03-053
o
(Ward 4)
(Ward 5,6)
(Ward 1)
(Ward 2)
Bakersfield, California March 12, 2003 - Page 9
CONSENT CALENDAR continued
y. 'Q" Street Sewer - "P" Street to 14~ Street:
Accept bid to award contract to Maulding-Dorfmeier
Construction Inc. ($229,335).
Appropriate $262,000 Sewer Enterprise Fund balance
to the Capital Improvement Program Budget.
Accept bid from IBM, $32,797.91, for twenty-one computers
(replacement).
aa.
Accept bid from Synchronex $104,729.63, for six traffic signal
Vehicle Detection Systems.
bb.
Accept bids McCain Traffic Supply $58,824.64, U.S. Traffic
Corporation $31,376.85, Pacific Lighting Sales $31,190.45,
and 3M Company $27,197.53, for Traffic Signal Standard and
Electronic Equipment. Total $148,589.47.
CC.
Accept bid to award contract to Loop Electric for $113, 127 for
Traffic Signal and Lighting Installations at Planz Road and
Real Road and at Planz Road and Wilson Road.
Miscellaneous:
dd.
City Manager's employee request for second extension to
medical leave without pay beyond one hundred-eighty days,
pursuant to Municipal Code Section 2.84.560 - Sick Leave
Depletion.
ee.
Application for Federal Grant funds from the Federal Aviation
Administration (FAA) in the amount of $176,000 for Airport
Pavement Maintenance.
Accept contribution from Bakersfield Foundation for skate
park improvements at the Beach Park Skate Park.
Appropriate $2,200 to Recreation and Parks Capital
Improvement Program within the Capital Outlay Fund.
City Clerk McCarthy announced late correspondence was
received from two contractors in support of item 8. o.
Maggard announced a conflict of interest on Consent
Calendar item cc. due to a former source of income.
ACTION TAKEN
AGR 03-054
AGR 03-055
ABS MAGGARD
REMOVED FOR
SEPARATE
CONSIDERATION
(Ward 1)
o
(Ward 3)
Bakersfield, California March 12, 2003 - Page 10
CONSENT CALENDAR continued
Motion by Couch to adopt Consent Calendar items a. through ff.
with the removal of item ee. for separate consideration.
Mayor Hall returned and assumed chairmanship of the
meeting.
ee.
Application for Federal Grant funds from the Federal Aviation
Administration (FAA) in the amount of $176,000 for Airport
Pavement Maintenance.
Salvaggio requested staff reinforce required take-off patterns
to pilots utilizing the airpark.
Motion by Carson to defer item 8. ee. to the next Council meeting.
Couch requested staff report to Council how much debt is
outstanding due to twenty year grants; how often major
maintenance is required to maintain the airpark facility; look at
repayment of funds to the federal government for the airpark in
order to facilitate the closure and determine if that course of
action would benefit the City.
HEARINGS
ACTION TAKEN
APPROVED
CONTINUED TO
MARCH 26
APPROVED
Resolution ordering the vacation of Camino Grande Drive CONTINUED TO
along the north side of the Bear Mountain Cogeneration Plant. APRIL 30
Staff comments by Public Works Director Rojas.
Hearing opened at 7:57 p.m,
No one spoke.
Motion by Maggard to continue the hearing to April 30, 2003.
APPROVED
69
10.
11.
Bakersfield, California March 12, 2003 - Page 11
HEARINGS continued
b. Resolution making findings and updating the Capital
Improvement Plan for the Metropolitan Bakersfield Habitat
Conservation Plan.
Staff comments by Development Services Director Hardisty.
Hearing opened at 7:59 p.m.
Dennis Fox spoke in favor of the staff recommendation.
Hearing closed at 8:00 p.m.
Motion by Salvaggio to adopt the Resolution.
REPORTS
a. Community Services Committee Report 1-03 regarding
Potential Pool Closures.
Staff comments and computer presentation by Parks and
Recreation Director Ford.
Motion by Benham to accept Committee recommendation and
close Saunders pool for the summer.
DEFERRED BUSINESS
a. Ambulance Rate Review:
1.
Adoption of Emergency Ordinance amending
Bakersfield Municipal Code section
5.10.120 related to Ambulance Service Charges.
2. Request for Proposals for Ambulance Rate
Modification Study.
3. Continuance of ambulance rate review effective date.
ACTION TAKEN
RES 042-03
APPROVED
APPROVED
NS CARSON,
SULLIVAN
ORD 4118
11.
Bakersfield, California March 12, 2003 - Page 12
DEFERRED BUSINESS continued
Mayor HaH announced Conflict of Interest on Hearing item 11.a.
due to source of income and stated for the record: "1, Harvey L.
Hall, as the Founder and President of Hall Ambulance Service,
and because I have a financial interest in the decisions that you
will be making here this evening on Deferred Business item 11,
which gives rise to conflict of interest, I am recusing myself
from discussing the matter before you. Vice-Mayor Couch will
be assuming the leadership of the meeting, and I will call for a
five minute recess."
Recess taken from 8:45 p.m to 8:57 p.m.
Assistant City Manager Stinson made staff comments and
noted the following corrections to the RFP:
The words 'and supporting documents' to be added in
on page one, the fourth paragraph, second line after
the words 'consultant with audited or reviewed
financial statements.'
On page two under 'Project Goals and Objectives,'
item two under the fourth bullet, after the words 'the
review of audited reviewed financial statements' add
the words 'and supporting documents for Hall
Ambulance Company and any subsidiaries or
affiliates.'
On page four, third paragraph beginning, 'The
consultant is required to disclose all business
relationships with Harvey Hall, Hail Ambulance
Company, any of its subsidiaries' add the word
'affiliates' to the sentence.
Late correspondence was received regarding the ambulance
rate issue, two in favor of the proposed rate hike, and two in
opposition to the rate hike.
Vice-Mayor Couch recognized, Jacquline Att, Controller, Hall
Ambulance, read a letter into the record and placed on file.
Motion by Couch to adopt the emergency Ordinance with
corrections as stated.
ACTION TAKEN
APPROVED
11.
12.
13.
Bakersfield, California March 12, 2003 - Page 13
DEFERRED BUSINESS continued
Sullivan requested staff review figures presented by Hall
Ambulance; tie the ambulance rate schedule to the Consumer
Price Index and report findings to the Council.
Maggard requested additional information regarding various
Consumer Price Indexes.
Sullivan directed staff to work with Hall Ambulance staff to
evaluate the CPI indexes in order to determine which would best
suit the purpose of determining ambulance rates in the City.
Motion by Couch to approve the draft Request for Proposals for
an Ambulance Rate Modification Study, initiate the process and
send out for responses.
Motion by Couch to continue the ambulance rate review
effective date until July 1.
NEW BUSINESS
None.
MAYOR AND COUNCIL STATEMENTS
Hanson commented on the new red light enforcement system.
Benham commended the McMurtrey family for the $250,000 donation
made to the aquatics facility.
Benham requested information regarding the feasibility of
continuing the summer competitive swimming program.
Benham requested staff provide information regarding the cost
of proceeding with one summer band concert in the park for to
the 4~ of July holiday.
Benham requested the Legislation and Litigation Committee
investigate implementation of penalty fees for repeat offenders
of the noise Ordinance.
Benham requested staff investigate concert-type events being
held at the banquet facilities of Montgomery World Plaza; is it a
permitted use, and if not to see that this use ceases.
ACTION TAKEN
APPROVED
NS CARSON
APPROVED
13.
Bakersfield, California March 12, 2003 - Page 14
MAYOR AND COUNCIL STATEMENTS continued
Carson thanked the McMurtrey family for the donation to the aquatic
center.
Carson stated the grand opening/ribbon cutting for the new Food Max
Supermarket in Ward 1 will take place March 19.
Carson requested information regarding the need for a cross
walk at Third St. and Chester Avenue.
Carson requested information regarding the use of funds saved by
pool closures.
Carson requested staff contact Nancy Reaper and Liz Blaine
regarding neighborhood recycling.
Carson requested staff provide information regarding the
benefits of the Fire Department providing paramedic services to
the public.
Sullivan complimented the new Recreation and Parks and EDCD
offices that recently opened at 900 Truxtun Ave.
Sullivan requested staff enforce laws prohibiting the use of
parking and advertising of vehicles for sale at the former
Builder's Emporium on Ming; additionally have Code
Enforcement check for weed and debris violations.
Sullivan reminded the public of the bulky item drop off day, Saturday,
March 15.
Maggard expressed thanks to the McMurtrey family for their donation
to the aquatics center.
Maggard made comments regarding the process involved in the
ambulance fee issue.
Couch requested a proclamation be given Peacetime/Wartime
Support Team who are raising funds ~or reservists that are being
recafled.
ACTION TAKEN
Couch request staff provide a status report regarding the signal
at Hageman Way.
and
Patton
13,
14,
Bakersfield, California March 12, 2003 - Page 15
MAYOR AND COUNCIL STATEMENTS continued
Couch commended retired BPD officer Billy Martin for thwarting the
abduction of a female citizen on the Panorama Bluffs.
Couch requested staff provide assistance to a asphalt/concrete
crushing and recycling company that is locating in Bakersfield.
Couch invited any interested Councilmembers to accompany him to
a luncheon April 10 in honor of Public Health Week.
ADJOURNMENT
Vice. Mayor Couch adjourned the meeting at 11:05 p.m,
ACTION TAKEN
ATTEST:
CITY CLERK and Ex Officio q~erk of the
City of Bakersfield, California