HomeMy WebLinkAbout04/09/03 MINUTES CCMINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
APRIL 9, 2003
City Council Chamber, City Hall, 1501 Truxtun Ave.
Pre-Meeting 5:15 p.m., Regular Meeting 7:00 p.m.
PREMEETING
1. ROLL CALL
Present:
Vice-Mayor Couch, Councilmembers Carson,
Benham, Hanson, Maggard, Sullivan, Salvaggio
Absent: Mayor Hall
2. WORKSHOP
Ambulance Rate Review - Rate Modification and Consumer
Price Index Analysis.
Staff comments by Assistant City Manager, John W. Stinson.
Maggard directed staff to formally request information regarding
differentiating between proprietary and confidential from Hall
Ambulance again.
Couch inquired as to wide difference in cost of proposals for the
ambulance study. City Manager Tandy responded.
Couch referred to Legislative and Litigation Committee the issue
of clearly defining the language regarding paramedic service
levels in the Ordinance.
Couch requested staff address the issue of regulating air
ambulance service as part of this study.
Salvaggio made comments regarding the issue of the Ordinance that
regulates the attendance of paramedics on Basic Life Support (BLS)
and Advanced Life Support (ALS) calls. City Manager Tandy
responded.
Salvaggio made comments regarding correspondence from Hall
Ambulance dated April 8, 2003. Jacqualine Att, Controller, Hall
Ambulance responded.
ACTION TAKEN
Bakersfield, California April 9, 2003 - Page 2
WORKSHOP continued
Sullivan stated support for increase based on index and automatic
annual increases.
Maggard requested staff research the average standby time and
provide clarification.
Maggard requested staff contact the County and explore ways
to free up the standby time.
Couch requested City Manager clarify understanding of Council's
direction. City Manager responded.
Sullivan requested the CPI rate proposal and/or consultant
agreement be put on the next agenda for action.
Gene Tackett was recognized by Council and spoke regarding
options for this item.
Benham requested staff clarify which CPI choices Council has.
Maggard clarified the request regarding placement of item(s) on the
next agenda.
Motion by Salvaggio to recess to Closed Session at 6:15 p.m.
CLOSED SESSION
a. Public Employee Performance Evaluation - City Manager,
Closed Session pursuant to Government Code Section
54957.
Motion by Couch to adjourn from Closed Session at 6:59 p.m.
REGULAR MEETING
1. INVOCATION by Pastor Ed Boschman, Laurelglen Bible Church.
2. PLEDGE OF ALLEGIANCE by Jillian Pietre, 6~ Grade Student, Leo B.
Hart Elementary School.
ACTION TAKEN
APPROVED
AB MAYOR
HALL
APPROVED
99
ROLL CALL
Present:
Bakersfield, California April 9, 2003 - Page 3
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Hanson, Maggard, Sullivan,
Salvaggio
Absent: None
ACTION TAKEN
CLOSED SESSION ACTION
Public Employee Performance Evaluation - City Manager,
Closed Session pursuant to Government Code Section
54957.
PRESENTATIONS
Presentation by Mayor Hall of Proclamation to Angle
Triguiero, Bakersfield Association of Realtors, proclaiming
April, 2003, as "Fair Housing Month".
Presentation by Mayor Hall of Proclamation to representatives
of the Keep Bakersfield Beautiful Committee, proclaiming
April, 2003, as "Keep Bakersfield Beautiful Month".
Committee presented Keep Bakersfield Beautiful promotional
items to Mayor and Councilmembers.
PUBLIC STATEMENTS
Patrick Klawitter, Carly Auch and Whitney Sandoval,
members of the Mayor's Youth Advisory Council, spoke
regarding their accomplishments this term and thanked the
Mayor for the opportunity to serve.
Margaret Hust, Jesus A. Carpio, Fred Magnuson, Marsha
Bidwell, Bob Hurst, Renee Nelson and Karen Foley spoke
regarding the Massage Ordinance, item 8.c.
Tom Edmonds, Jack Patterson, Dick Taylor and Kristie
Blaylock spoke regarding Off-road Riding Area, item
Heather Phillips spoke regarding Junior Achievement
Program and presented certificates of appreciation to Sue
Benham and Rhonda Smiley.
CONTINUED TO
APRIL 30, 2003
.100
(Ward 1,7)
(Ward 4,5)
Bakersfield, California April 9, 2003 - Page 4
APPOINTMENTS
Two appointments to the Planning Commission due to the
resignation of Ron Sprague and the expiration of term of Tom
McGinnis, terms expire April 30, 2003.
Motion by Carson to appoint John S. Spencer to the Planning
Commission.
Motion by Salvaggio to appoint Barbara Lomas to the Planning
Commission.
Two appointments to the Historic Preservation Commission,
due to the expiration of terms of Timothy Scanlan and Scott
Fieber, terms expired March 30, 2003.
Motion by Hanson to reappoint Scott Fieber to the Historic
Preservation Commission.
Couch requested the Ward 4 appointment to Historic
Preservation Commission be deferred.
Two appointments to the Bakersfield Redevelopment Agency
due to the expiration of terms of Frederick Prince and Shidyn
Davenport, terms expire April 22, 2003.
Motion by Couch to confirm Mayor Hall's recommendation and
reappoint Frederick Prince and Shirlyn Davenport to the
Bakersfield Redevelopment Agency.
ACTION TAKEN
APPROVED
APPROVED
APPROVED
APPROVED
CONSENT CALENDAR
Minutes:
a. Approval of March 26, 2003 Council Meeting minutes.
Payments:
b. Approval of department payments from March 14, 2003 to
March 27, 2003 in the amount of $6,341,266.62 and self
insurance payments from March 14, 2003 to March 27, 2003
in the amount of $261,716.64.
Ordinances:
c. First Reading of Ordinance amending Bakersfield Municipal
Code Chapter 5.32 relating to Massage Establishments.
REMOVED FOR
SEPARATE
CONSIDERATION
(Ward 5)
(Ward 5)
(Ward 2)
(Ward 4,5,6)
Bakersfield, California April 9, 2003 - Page 5
CONSENT CALENDAR continued
First Reading of Ordinance adopting the Negative Declaration
and amending Section 17.06.020 of Title 17 of the Bakersfield
Municipal Code and Zoning Map 123-09 from R-3 (Limited
Multiple Family Dwelling) to R-3 (Limited Multiple Family
Dwelling) zone with a CH (Chumh) overlay on 2.71 acres
located at 3200 Gosford Road (northeast corner of Gosford
Road and South Laurelglen Blvd.) (ZC 03-0017)
First Reading of Ordinance adopting the Negative Declaration
and amending Section 17.06.020 of Title 17 of the Bakersfield
Municipal Code and Zoning Map 123-20 from A-20A
(Agriculture-20 acre minimum lot size) to R-1 (one Family
Dwelling) zone on 40.88 acres located at the southeast corner
of Pacheco Road and Old River Road. (ZC 03-0016)
Resolutions:
Amendment No. I to Resolution No. 063-01 establishing
Underground Utility District No. 2, Division 28 (California and
R).
Resolution to approve the submission of a ($100,000.00)
grant application to fund necessary planning and feasibility
studies to establish an Off-Highway Vehicle Recreation Area
in or near Metropolitan Bakersfield.
Agmemon~:
Agreement with American Red Cross, Kern Chapter, a non-
profit, 501 (c)(3) tax exempt organization, to purchase twelve
(12) surplus computers from the City for $1.00 each, for a
total of $12.00.
Agreements with Launer & Associates to appraise properties
within Assessment District No. 03-1 ($25,000.00) and
Assessment District No. 03-2 ($25,000.00)
Amendment No. 2 to Agreement No. 00-173 with Mclntosh &
Associates for On-call Inspection Services for various
construction projects (extends term - no change to total
compensation).
ACTION TAKEN
FR
FR
RES 063-0'1( ~)
RES 057-03
AGR 03-069
AGR 03-070
AGR 03-071
oo- 73( )
102
(Ward 1)
(Ward 4,5)
Bakersfield, Califomia Apdl 9, 2003 - Page 6
CONSENT CALENDAR continued
Amendment No. 2 to Agreement No. 00-174 with T.W. Collins
Associates for On-call Inspection Services for various
construction projects (extends term - no change to total
compensation).
Agreement with William Avery and Associates for City
Attorney Executive Search (not to exceed $25,000.00).
Amendment No. 1 to Agreement No. 03-050 for banking
services with Bank of America, NA.
Agreement with California Water Service Company to
relocate existing water line at the Aquatic Center site
($72,906.00).
o. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements with Castle
& Cooke California, Inc. for Tract 6087, Phase D
located north of White Lane and west of Buena Vista
Road.
Final Map and Improvement Agreement with
Communities at Westlake, LLC for Tract 6077, Unit 4
located north of Olive Ddve and west of Calloway
Drive.
Final Map and Improvement Agreements with
Bakersfield Avalon, LLC for Tract 5968, Unit 3 located
north of Olive Drive and east of Old Farm Road.
Community Development Block Grant (CDBG) Action Plan,
Amendment No. 5 (FY 02/03), Amendment No. 7 (FY 01/02),
Amendment No. 8 (FY 00/01), Amendment No. 11 (FY
99/00), Amendment No. 13 (FY 98/99), Amendment No. 11
(FY 97/98), and Amendment No. 18 (FY 96/97).
Transfer and appropriate $304,632.00 from the CDBG
Operating Budget to the Municipal Debt Service Fund
for the early repayment of the Convention Center
Section 108 Loan.
Transfer $181,500.00 uncommitted CDBG Funds to
the Capital Improvement Budget for the acquisition of
713 Lake Street.
ACTION TAKEN
A GR 00-174(2)
REMOVED FOR
SEPA RATE
CONSIDERATION
AGR 03-050(1)
AGR 03-073
AGR 03-074
AGR 03-075
AGR 03-076
AGR 03-077
AGR 03-078
REMOVED FOR
SEPARATE
CONSIDERATION
(Ward 1)
Bakersfield, California Apdl 9, 2003 - Page 7
CONSENT CALENDAR continued
Purchase Agreement with Bakersfield Community Service
Organization to purchase real property located at 713 Lake
Street ($330,000.00)
Bids:
Accept bid from Mel Clayton Ford, $68,637.85, for two
gardening trucks with dump beds for the Parks Department
(additional).
Accept bid from Denver Solutions Group, $38,556.38, for IBM
Total Storage LTO tape library for the Information Technology
Division.
Miscellaneous:
t. Revised Job Specification: Motor Sweeper Operator.
u. Demolition and Paving for Parking Lots.
Appropriate and transfer $53,275.00 improvement
reimbursements in the Capital Outlay Fund to the
Offstreet Parking Fund for demolition/paving at 1311
"O" Street for additional parking.
Transfer $20,750.00 appropriations in the Capital
Outlay fund to the Recreational Facilities Fund for
demolition/paving at 930 California Avenue for
Assistance League replacement parking.
Accept $5,000.00 from State Farm Insurance Companies for
a Hazard House for the Fire Department's Juvenile
Firesetter's Program and appropriate $5,000.00 to the Fire
Department operating budget within the General Fund.
Motion by Couch to adopt Consent Calendar items a. through v.
with the removal of items 8.c., 8.1., and 8.p. for separate
consideration.
ACTION TAKEN
AGR 03-079
DEED 5818
APPROVED
104
Bakersfield, Califomia April 9, 2003 - Page 8
CONSENT CALENDAR continued
First Reading of Ordinance amending Bakersfield Municipal
Code Chapter 5.32 relating to Massage Establishments.
Motion by Benham to defer First Reading of item 8. c.
Agreement with William Avery and Associates for City
Attorney Executive Search (not to exceed $25,000.00).
Motion by Salvaggio to adopt item 8.1.
Community Development Block Grant (CDBG) Action Plan,
Amendment No. 5 (FY 02/03), Amendment No. 7 (FY 01/02),
Amendment No. 8 (FY 00/01), Amendment No. 11 (FY
99/00), Amendment No. 13 (FY 98/99), Amendment No. 11
(FY 97/98), and Amendment No. 18 (FY 96/97).
Transfer and appropriate $304,632.00 from the CDBG
Operating Budget to the Municipal Debt Service Fund
for the early repayment of the Convention Center
Section 108 Loan.
Transfer $181,500.00 uncommitted CDBG Funds to
the Capital Improvement Budget for the acquisition of
713 Lake Street.
Motion by Salvaggio to adopt item 8.p.
HEARINGS
(Ward 7) a.
Resolution upholding the decision of the Planning
Commission approving Vesting Tentative Parcel Map 10927
and denying the appeal by Richard L. Hardman, representing
Bakersfield Citizens for Local Control, located on the east
side of Highway 99 and north of Panama Lane
Staff comments by Development Services Director Hardisty.
Hearing opened at 8:45 p.m.
Richard Harriman, Bakersfield Citizens for Local Control,
provided written materials and spoke in opposition to the staff
recommendation.
ACTION TAKEN
APPROVED
APPROVED
NS CARSON
APPROVED
ABS CARSON
RES 058-03
Bakersfield, California Apdl 9, 2003 - Page 9
HEARINGS continued
9. a. continued
Lee Jamison, Developer, made comments regarding
Bakersfield Citizens for Local Control and spoke in favor of
the staff recommendation.
Richard Harriman, Bakersfield Citizens for Local Control,
spoke in rebuttal opposition to the staff recommendation.
Hearing closed at 9:00 p.m.
Salvaggio requested a response from staff on the issues
Richard Harriman and Lee Jamison raised during the public
portion of this hearing. Jack Hardisty, Development Services
Director, and Bart Thiltgen, City Attorney, responded to
remarks made by Richard Harriman.
Motion by Salvaggio to adopt the resolution.
ACTION TAKEN
APPROVED
(Ward 5)
Resolution upholding the decision of the Planning
Commission approving Vesting Tentative Parcel Map 10938
and denying the appeal by Richard L. Harriman, representing
Bakersfield Citizens for Local Control, located on the
southwest corner of Gosford and Pacheco Roads.
Staff comments by Development Services Director, Jack
Hardisty.
Hearing opened at 9:16 p.m.
Richard Harriman, Bakersfield Citizens for Local Control,
provided wdtten materials and spoke in opposition to the staff
recommendation.
Roger Mclntosh, Mclntosh & Associates, representing Castle
& Cooke, spoke in favor of staff recommendation.
Hearing closed at 9:27 p.m.
Couch requested clarification of statements made by Richard
Harriman.
Richard Harriman responded to Couch's request.
Motion by Hanson to adopt the Resolution.
RES 059-03
APPROVED
Recess taken from 9:30 p.m. to 9:40 p.m.
106
10.
11.
12.
13.
Bakersfield, California Apdl 9, 2003 - Page 10
REPORTS
a. City Manager Oral Report No. 2-03 - Budget Update
City Manager Alan Tandy gave a presentation and provided
handouts.
Salvaggio inquired when Phase II actions would take place
and how departmental liability insurance costs are calculated.
City Manager Alan Tandy responded.
Couch requested staff look into transferring the park
maintenance duties to the Public Works Department to
eliminate duplication of efforts; the MOU contract
expiration dates and asked staff to look into the
feasibility of employees paying a portion of the PERS
contributions.
Couch asked staff what the cost of the Employee Breakfast
and feels Council should find a way to fund this, City
Manager Alan Tandy responded.
DEFERRED BUSINESS
None.
NEW BUSINESS
None.
MAYOR AND COUNCIL STATEMENTS
Maggard requested staff respond to correspondence from
Richard Temple, Red Cross, regarding deferring payment of
transient occupancy tax at hotels for displaced residents.
Maggard requested staff contact Mr. Henry Gallagos and give
him definite direction on procedure to participate in the new
Paladino Drive Water District.
Hanson thanked City Manager Tandy and Recreation and Parks
Director Stan Ford for memo regarding competitive swim program
fees and costs.
Salvaggio requested staff contact Sharon (for Dr. Fikins),
Bakersfield Veterinary Hospital, regarding problem with narrow
turn lane located on White Lane, turning south to Wible Road.
ACTION TAKEN
13.
Bakersfield, California April 9, 2003 - Page 11
MAYOR AND COUNCIL STATEMENTS (continued)
Salvaggio requested staff provide a financial update on the ice
rink and aquatic center project.
Salvaggio thanked Senator Roy Ashburn for letter he sent to
California Transportation Commission, Deputy Director David W.
Brewer, regarding sound wall allocation (Smoke Tree Mobilehome
Park). Senator Florez office is also working on this issue and Mayor
Hall is making calls.
Salvaggio thanked Sue Benham for requesting the memo regarding
competitive swim program fees and costs.
Salvaggio requested staff remove debris in the new median on
South H Street, south of Ming Avenue.
Salvaggio thanked Trudy Slater for contacting the SPCA regarding
Ronald Shepard's complaint against the SPCA and their loose dog
policy.
Salvaggio requested staff provide him with copies of the
information regarding Vesting Parcel Map 10981 (northwest
corner of Hughes Lane and Pacheco Road) that will be on the
Planning Commission meetings of April 28~ and May 1'~.
Sullivan thanked Keep Bakersfield Beautiful Committee and staff for
the excellent job they are doing. She encouraged participation in the
Great American Cleanup at Yokuts Park on April 26, 2003.
Carson requested staff provide her with a progress report on
Martin Luther King and Jefferson pool construction projects.
Carson thanked Couch for his understanding both sides of current
issues on tonight's agenda.
Benham requested staff set up a meeting with key people on
technical committee regarding aquatic center progress.
Couch remarked on letter to editor, "Lawmakers Step Up" by Larry
Adams.
Couch requested staff hold a workshop regarding pre-emptive
and priority of traffic signals in response to correspondence
from Mr. Moland, Golden Empire Transit.
Couch thanked Assistant City Manager Alan Christensen for the
response letter to curbside recycling program concerns.
ACTION TAKEN
108
13.
Bakersfield, California Apdl 9, 2003 - Page 12
MAYOR AND COUNCIL STATEMENTS (continued)
Couch requested staff respond to correspondence regarding
architecture review at Riverlakes Ranch.
Couch received letter from the Department of Corrections
regarding location of new turning point re-entry center and
asked staff to handle.
Couch requested staff respond to an e-mail and pictures he
received from Miss Poorwell's kindergarten class at Bimat
Elementary School regarding high speed rail system options.
Mayor Hall gave an update on the planting of vines, as a deterrent to
grafitti, on Highway 99 sound walls.
ACTION TAKEN
14.
ADJOURNMENT
Mayor Hall adjourned the meeting at 10:35 p.m.
M,~YOR of the City of BakerSfield, ~
ATTEST:
CITY CLERK and Ex Offi~To~lerk of the
City of Bakersfield, California