HomeMy WebLinkAbout06/25/03 MINUTES CC176
MINUTES OF THE BAKERSFIELD
CiTY COUNCIL MEETING
JUNE 25, 2003
City Council Chamber, City Hall, 1501 Truxtun Ave.
Pre-Meeting 5:15 p.m., Regular Meeting 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLLCALL
Present:
Vice-Mayor Couch, Councilmembers Carson (seated
at 5:22), Benham, Hanson, Maggard (seated at 5:20),
Sullivan (seated at 5:26), Salvaggio
Absent: Mayor Hall
2. WORKSHOP
Report on State Budget by Califomia Assembly Speaker Herb
Wesson.
Mayor Hall expressed appreciation to Assembly Members Steinberg
and Yee for their report on the status of the State Budget.
Assembly Members Steinberg and Yee reported on behalf of
Speaker Wesson regarding the potential impact of cuts in the
State Budget on local government, and proposed measures
to address the budget crisis.
Hanson made comments encouraging spending cuts and questioned
budget cutting claims when the State Budget has actually increased.
Maggard made comments regarding overspending and the
appropriateness of mitigating budget shortfalls through greater debt
and future spending cuts.
Salvaggio urged bipartisan cooperation in solving the State's Budget
crisis; implementing reduced spending and moderate tax increases,
and a restructuring of State government,
177
Bakersfield, California June 25, 2003 - Page 2
WORKSHOP continued
Couch concurred that spending is part of the problem; encouraged
borrowing as part of the solution coupled with fewer tax increases and
a focus on 'growing' out of the crisis. In addition, he urged that
State legislators address the issue of providing services to illegal
residents.
Carson urged compromise between the political parties in solving the
State's budget woes.
Benham endorsed Salvaggio's remarks regarding the need for
compromise and bipartisanship. She encouraged examining reforms
for the Worker's Compensation and the State Corrections systems.
Sullivan made comments regarding vehicle license fees. She
encouraged cuts at the State level, particularly in the 25,000
additional positions added to the State payroll in the past four years.
Couch requested the Goal Setting Workshop be postponed to a
later date and the Mill Project Workshop be deferred until later
in the meeting under item 10. Reports.
Mayor Hall asked the Assemblymen to covey to Sacramento that
Bakersfield wants resolution to the budget crisis.
b. Deferred to Reports - see page 12.
CLOSED SESSION
None.
Mayor Hall called for a recess until 7:15 p.m.
ACTION TAKEN
Bakersfield, California June 25, 2003 - Page 3
REGULAR MEETING
1. INVOCATION by Reverend Jack Estes, St. Luke's Episcopal Church.
2. PLEDGE OF ALLEGIANCE by Dylan GauI-Sanchez, 5m grader from
Downtown Elementary School.
ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers Carson,
Benham, Hanson, Maggard, Sullivan, Salvaggio
Absent: None
Motion by Couch to provide consideration to Senator Florez by
moving item 12.a., regarding air quality bills, forward for
presentation after Public Statements.
CLOSED SESSION ACTION
None.
PRESENTATIONS
None
PUBLIC STATEMENTS
Ellen J. Kuntz spoke regarding a parking citation and provided
handout material and photos.
Benham requested staff facilitate noticing of unmarked paid
parking areas.
Arthur Unger, Sierra Club, spoke regarding air quality and provided
written material.
Adrian Moore spoke regarding the State Budget situation and the
proposed % cent sales tax increase, provide written material and a
CD rom.
Robert Danford spoke regarding the State Budget and the proposed
~ cent sales tax increase.
David Muncy spoke regarding a water truck bid.
Salvaggio directed staff to analyze awarding of lowest bid and
immediate expenditure savings, versus immediate higher
expenditure with lower long run maintenance costs.
ACTION TAKEN
APPROVED
178
179
12.
Bakersfield, California June 25, 2003 - Page 4
PUBLIC STATEMENTS continued
Jennifer Gaggero spoke regarding the SPCA.
Monica Evans spoke regarding the SPCA.
Klm Hays spoke regarding the SPCA.
Paul Ulrich, D.V.M., SPCA Board Member and Treasurer, spoke
regarding the SPCA.
APPOINTMENTS
None.
NEW BUSINESS (moved forward to this position through a motion by
Couch)
a. Air Quality Bills (Florez)
State Senator Dean Florez made comments regarding the
State Budget and requested Council endorsement of the
presented Air Quality Bills.
Couch thanked Senator Florez for work done on the Air Quality Bills
and suggested the phrase 'endorses the intent behind each of the
aforementioned bills' be changed to 'endorses each of the
aforementioned bills' in item 3. of the Resolution.
Maggard thanked Senator Florez for protecting the San Joaquin
Valley Air Board from the manipulation of special interests; in addition
he suggested Senator Florez assist in compelling the Board to move
forward in the levying of air quality mitigation fees on new
development.
Motion by Benham to adopt the Resolution with an amendment
to item 3. of the Resolution reading, "endorses each of the
aforementioned bills."
Carson made comments regarding air quality.
Sullivan made comments regarding air quality and expressed
appreciation to Senator FIorez.
Salvaggio thanked Senator Florez for his leadership in formulating
legislation to clean up air pollution.
Maggard requested a Resolution compelling the railroads to
mitigate dust in railroad right, of-ways.
ACTION TAKEN
RES 103-03
180
(Ward 3)
(Ward 4)
(Ward 1)
(Ward 4)
Bakersfield, California June 25, 2003 - Page 5
CONSENT CALENDAR continued
Minutes:
Approval of minutes of Regular Council Meetings of June 2,
2003 and June 11, 2003.
Payments:
Approval of department payments from May 30, 2003 to June
12, 2003 in the amount of $6,906,790.53 and self insurance
payments from May 30, 2003 to June 12, 2003 in the amount
of $482,712.15.
Ordinances:
First Reading of Ordinance of the City of Bakersfield
amending Section 13.12.030 B. of Chapter 13.12 of the
Bakersfield Municipal Code updating the list of standard
manuals adopted by the City of Bakersfield to be the
development improvement standards and specifications.
Adoption of Ordinance regarding Notice of Exemption and
amending Section 17.06.020 (Zone Map No. 104-06) of Title
17 of the Bakersfield Municipal Code changing the zoning
from R-1 HD (One Family Dwelling Hillside Development) zone
to an OS (Open Space) zone of 40 acres (ZC 03-0360).
(First reading 6-11-03)
Resolutions:
Resolution of Intention No. 1303 adding territory, Area 1-40
(Olive, Old Farm 3) to the Consolidated Maintenance District
and preliminarily adopting, confirming and approving the
Public Works Director's Report.
Resolution of Intention No. 1304 adding territory, Area 5-09
(Oswell, Hwy. 58 SE) to the Consolidated Maintenance
District, preliminarily adopting, confirming and approving the
Public Works Director's Report.
Resolution adding territory, Area 1-39 (Allen, Merlot) 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.
FR
ORD 4135
ROI 1303
ROI 1304
RES 104-03
LB1
Bakersfield, California June 25, 2003 - Page 6
CONSENT CALENDAR continued
Resolution supporting the designation of 7t~ Standard Road
as Interim State Route 58, and stating the Council's intent to
oppose any effort to ever designate the Westside Parkway as
State Route 58.
Resolution of the Council of the City of Bakersfield confirming
the approval by the Assistant to City Manager of the report of
the Chief Code Enforcement Officer regarding assessments
of certain properties in the City of Bakersfield for which
structures have been secured against entry or for the
abatement of certain weeds, debris and waste matter and
authorize collection of the assessments by the Kern County
Tax Collector.
j. Automated Staffing System:
1. Resolution authorizing the Finance Director to
dispense with bidding not to exceed $56,000.
Agreement with Principal Decision Systems
International (PDSI) for the acquisition and installation
of an automated staffing system.
Resolution of Appreciation to the Society for Prevention of
Cruelty of Animals. (SPCA)
I. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements with Castle
& Cooke California, Inc. for Tract 6166 Units 1,2,
3,4,5, and 6 located north of Panama Lane and west
of Ashe Road.
Final Map and Improvement Agreement with Stuart
Thomas Incorporated, dba Lenox Homes for Tract
6064 Phase 3 located south of Berkshire Road and
east of South H Street.
Final Map and Improvement Agreement with Sierra
West Estates for Tract 5362 Phase 4 located south of
Hosking Avenue and east of Wible Road.
Final Map and Improvement Agreements with Soper
Homes, Inc. for Tract 6139 located west of Jenkins
Road south of Brimhall Road.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
RES 106-03
RES 107-03
AGR 03-f61
RES 108-03
AGR 03-162
AGR 03-163
AGR 03-164
AGR 03-165
AGR 03.166
AGR 03-167
AGR 03-168
AGR 03. f69
AGR 03-170
AGR 03-171
AGR 03-172
182
Bakersfield, California June 25, 2003 - Page 7
CONSENT CALENDAR continued
Item 8.1 continued
Final Map and Improvement Agreement with Centex
Homes for Tract 5831 Phase 3 located south of Olive
Drive and west of Old Farm Road
Final Map and Improvement Agreement with GMAC
Model Home Finance and Lennar Bakersfield for Tract
6077 Units 7 and 8 located south of Olive Drive and
west of Verdugo Lane.
Award of four separate Consultant Agreements to four local
engineering firms: Mclntosh & Associates ($150,000); Meyer
Civil Engineering ($150,000); Quad Knopf Inc. ($150,000);
and Ruettgers & Schuler Civil Engineers ($150,000) for
providing on-call engineering and surveying services for non-
federally funded Capital Improvement Projects during Fiscal
Years 2003-04 and 2004-05.
Agreement with San Andreas Fire District, a non-profit,
municipal corporation, to pumhase twenty (20) surplus self
contained breathing apparatus from the City of Bakersfield for
$1.00 each, for a total of $20.00.
Three year lease agreement with Andre Family Rentals in the
amount of $15,000 annually for storage space at 1420
Street.
Consultant Agreement with Krazan & Associates, Inc.
($258,075) to provide materials testing services for two years.
Agreement with the County of Kern for shared cost of
operating Green and Woodwaste Diversion Program.
Contact Change Order No. I to Agreement No. 03-053 with
P & J Electrical Construction for $10,635.57, for a revised
total contract amount of $37,629.57, for the "Replace Fire
Alarm System in City Hall Annex Building" Project.
Contract Change Order No. 2 to Agreement No. 03-018 with
S.C. Anderson Inc. for $49,217.98, for a revised contract
amount of $5,464,531.98, for the Bakersfield Ice Center
Project.
Common Use Agreement between the City of Bakersfield and
Rosedale Ranch Improvement District of the North Kern
Water Storage District for an Irrigation Easement within Allen
Road.
ACTION TAKEN
AGR 03-173
AGR 03-174
AGR 03-175
AGR 03-176
AGR 03-177
AGR 03-178
AGR 03-170
AGR 03-180
AGR 03-181
AGR 03-182
AGR 03-183
CC01 03-053
CC02 03-018
ABS HANSON
AGR 03-184
J
Bakersfield, California June 25, 2003 - Page 8
CONSENT CALENDAR continued
Agreements to Indemnify LAFCO for City Annexation No.
437, Proceeding No. 1350 and City Annexation No. 438,
Proceeding No. 1352 uninhabited territory located in four
separate areas as follows: at the northwest corner of Renfro
and Stockdale Hwy., at the southwest corner of Cottonwood
and Pacheco Road, at the northwest corner of Springdale and
Sunflower Way and at the southeast corner of Snow and
Allen Road.
v. Kern County Slow-Pitch Softball:
Amendment No. I to Agreement No. RP02-048 for
$20,000, for a revised total contract amount of
$40,400 with Rick Maharrey dba Kern County Slow-
Pitch Softball for sports officiating services.
Agreement between the City of Bakersfield and Rick
Maharrey dba Kern County Slow-Pitch Softball in an
amount not to exceed $50,400 for sports officiating
services.
Amendment No. 2 to Agreement No. 01-166 with Delta
Microlmaging for $100,000 for document file conversion to
LaserFiche or Micro Fiche Formats for a revised contract
amount of $350,000.
Consultant Agreement ($211,100.00) with Aquatic Design
Group, Inc. (Carlsbad, CA) for Design Services for Jefferson
Park and Martin Luther King Jr. Park Pool Rehabilitation.
Bids:
Reject bids for thirty-six (36) Opticom Model 752 Phase
Selectors for Public Works.
aa.
Rescind bid of $708,768.00 from Whitten Pumps
Incorporated. Accept bid of $714,548,00, and award contract
to Farm Pump and Irrigation for 'Drilling, casing and pump
testing four (4) gravel envelope water wells - Stations CBK-
44, L-209, L-210, L-211" for the Water Resources
Department.
Accept bid to award contract to Bowen Engineering &
Environmental $214,999.40 for demolition of improvements at
800 14th Street, Food Bank.
ACTION TAKEN
AGR 03-185
AGR 03-186
AGR 03-187
A GR 03-188
AGR 01-166(2)
REMOVED POR
SEPARATE
CONSIDERATION
AGR 03-190
AGR 03.191
184
Bakersfield, California June 25, 2003 - Page 9
CONSENT CALENDAR continued
bb.
Accept bid from Central Valley Truck Center $317,402.08, for
two (2) replacement cab over Front Self Loading Dump
Trucks for the street cleaning division of the Public Works
Department within the Refuse
Fund.
CC.
Accept bid to award contract to Valley Printers, not to exceed
$75,000, for three (3) issues of the activity brochure for
Recreation and Parks.
Miscellaneous:
dd.
Acceptance and Recording of Bill of Sale and Grant Deed
from California Water Service Co. for facilities related to the
Northeast Bakersfield Water Supply Project's Kern River
Pumping Plant.
ee.
Quitclaim Deed from the City of Bakersfield to Riverlakes
Investment Company for a portion of the Beardsley One Ditch
easement located between Coffee Road and the Friant Kern
Canal.
ff,
Public Works Department, Solid Waste Division, Heavy
Equipment Operator request to extend medical leave without
pay beyond one hundred-eighty days, pursuant to Municipal
Code Section 2.84.560 - Sick Leave Depletion.
gg.
Authorize the Finance Director to forward to a collection
agency, accounts receivable in various funds totaling
$163,959.60.
hh.
Acceptance of real property located at the southeast and
southwest corners of Brimhall and Coffee Roads from the
State of California for the Westside Parkway.
Hanson announced a conflict of interest on Consent Calendar
item 8.s. due to a possible source of income to his employer.
Motion by Couch to approve the consent calendar with the
removal for separate consideration of items h., x. and gg.
ACTION TAKEN
AGR 03.192
AGR 03-193
DEED 5869
DEED 5870
REMOVED FOR
SEPARATE
CONSIDERATION
DEED 5871
DEED 5872
DEED 5873
DEED 5874
DEED 5875
APPROVED
Resolution supporting the designation of 7th Standard Road
as Interim State Route 58, and stating the Council's intent to
oppose any effort to ever designate the Westside Parkway as
State Route 58.
Motion by Couch to adopt the Resolution.
RES 105-03
APPROVED
185
8o
Bakersfield, California June 25, 2003 - Page 10
CONSENT CALENDAR continued
Consultant Agreement ($211,100.00) with Aquatic Design
Group, Inc. (Cadsbad, CA) for Design Services for Jefferson
Park and Martin Luther King Jr. Park Pool Rehabilitation.
Motion by Carson to approve the Agreement.
Couch referred to the Legislation and Litigation Committee a
review of the bid process.
gg.
Authorize the Finance Director to forward to a collection
agency, accounts receivable in various funds totaling
$163,959.60.
Hanson referred to Budget and Finance Committee the issue of
imposing advance billings and security deposits.
Motion by Hanson to approve item gg.
HEARINGS
Recess taken from 9:05 to 9:12 p.m.
Resolution upholding the decision of the Planning
Commission approving Vesting Tentative Tract map 6182 and
the Negative Declaration, denying the appeal by the Sierra
Club.
Staff comments by Development Services Director, Jack
Hardisty.
Hearing opened at 9:15 p.m.
Speaking in opposition to the staff recommendation were
Gordon Knipp, Sierra Club, who also provided a handout, Dr.
Paula Ardron, Kaiser-Permanente Allergy and Immunology
Department, Arthur Unger, Sierra Club and Gordon Knipp,
Sierra Club.
David Dmohowski, Project Design Consultant's representing
Lucas Corporation, and Fred Woody, WZl, spoke in favor of
the staff recommendation.
ACTION TAKEN
AGR 03-189
APPROVED
ABS COUCH,
SAL VAGGIO
APPROVED
Gordon Knipp and Dr. Paula Ardron spoke in rebuttal in
opposition of the staff recommendation.
Bakersfield, California June 25, 2003 - Page 11
HEARINGS continued
Dave Dmohowski spoke in rebuttal in favor of the staff
recommendation.
Hearing closed at 9:45 p.m.
Maggard stated for the record his appreciation for the
applicant's acceptance of the following mitigation measures:
· Building out 178 to full freeway width from Miramonte to
Alfred Harrell Highway, including acceleration and
deceleration lanes, with a continuous median and no
traffic lights at the mid. point
Afl new fireplaces will be gas burning
· Installation of Gas stubs for barbeques
· Electrical outlets at each face of the home, in each
direction
Maggard directed staff to present to Council for consideration
developer reimbursement arrangements.
Motion by Maggard to uphold the Planning Commission's
decision and uphold the appeal.
Benham requested Urban Development investigate soliciting the
cooperation of the County and implementing a Metropolitan area
mitigation fee.
b. Resolution adopting the 2003-2024 Regional Transportation
Capital Improvement Plan and Fee Schedule.
Staff comments by Public Works Director, Raul Rojas.
Hearing opened at 10:01 p.m.
No one spoke.
Hearing closed at 10:01 p.m.
Motion by Salvaggio to adopt the Resolution.
ACTION TAKEN
APPROVED
RES 109.03
APPROVED
RES ~10-03
186
187
10,
11,
12,
13,
Bakersfield, California June 25, 2003 - Page 12
REPORTS
Presentation regarding "The Mill," a comprehensive three-
phased downtown redevelopment plan including commercial,
residential and landscaping components.
Staff comments by City Manager Alan Tandy with an
introduction of Donna Kunz, Economic Development Director.
Comments and computer presentation by Donna Kunz,
Economic Development Director.
Maggard requested the Urban Development Committee explore
the use of incentives to encourage residential growth downtown.
DEFERRED BUSINESS
a. Fiscal Year 2003-04 Budget:
Resolution Approving and Adopting the City of
Bakersfield Operating and Capital Improvement
Budget as amended.
Resolution Approving and Adopting the Operating and
Capital Improvement Budgets for the Bakersfield
Redevelopment Agency as amended.
Resolution Establishing the City of Bakersfield
Appropriations Limit.
Staff comments by Assistant City Manager Stinson.
Motion by Couch to adopt the Resolutions.
NEW BUSINESS
a. Air Quality Bills (Florez) (Moved forward, see page 4.)
COUNCIL AND MAYOR STATEMENTS
Salvaggio requested staff look into the speeding problem and
stop sign violators on Benton Street between Ming and Wilson
Road, cross streets Holden Way and Carol Place, between 6 & 8
pm.
Salvaggio thanked staff for the graffiti clean up at Custer and South
H Street, and for their continued vigilance to the area between Wilson
Rd. and Ming Ave.
ACTION TAKEN
RES 111-03
RES 1'12-03
RES I'13-03
APPROVED
188
13.
Bakersfield, California June 25, 2003 - Page 13
COUNCIL AND MAYOR STATEMENTS continued
Salvaggio requested Public Works staff assure the shadow left
by the graffiti removal on the cul de sac at Custer and South H
was removed, as well as the graffiti on the wall immediately
south of that location.
Salvaggio had questions regarding CTC attendee (Ted Wright),
wishing to confirm the attendance of the City representative at the
meeting 'down south,' at which the auxiliary southbound lane at White
Lane and SR99 is on the agenda for approval.
Benham requested staff check the condition of the call box on
the bike path in the Westchester area, park in Riviera
Westchester, apparently burned and in need of repair.
Benham requested Jack LaRochelle call her and set up a
meeting regarding the Centennial Parkway Alignment
information.
Benham requested staff address citizen's concerns regarding
light synchronization and look in to possibly holding a
workshop.
Benham requested staff respond to letter received from Mr.
McClean regarding questions he has on GET buses and, also a
(facetious) suggestion on how we could come up with the
$50,000 for the SPCA. When staff responds to this, she wants
them to point out, and make clear, the $50,000 contingency
reduction is a condition to which many other parties have
agreed.
Maggard thanked Water Department, Mr. Bogart, Mr. Core and
others for facilitating the development of the northeast water
treatment plant, the California Water Service treatment plant.
Maggard requested staff contact the property owners of the
mostly vacant shopping center at Ming and Old Stine regarding
code violations and abatement issues.
Maggard requested staff contact the owners of the and the old
Hopper building regarding code violations and the need to
secure the premises.
Maggard referred to staff the issue of air pollution caused by
train engines idling and that staff work with Senator Florez on
mitigation measures.
ACTION TAKEN
L89
13.
Bakersfield, California June 25, 2003 - Page 14
COUNCIL AND MAYOR STATEMENTS continued
Maggard requested staff determine if the utility companies can
be held accountable for cleaning graffiti off of utility boxes and,
if so, contact them to request graffiti be removed.
Maggard requested staff assist him in requesting from PG 8, E,
the feasibility of placing a shoulder on Panorama, in the area
where there are two power lines, west of Thorner School and the
bike path on both sides of Panorama.
Maggard requested discussion at a future meeting, regarding
animal control issues and extension of the 96-hour hold period
for tagged animals.
Sullivan spoke regarding SPCA transition. She requested staff
look into ways to make the owners more responsible.
Sullivan spoke regarding the press conference regarding local
services.
Couch stated that Hanson left the meeting due to illness.
Couch complemented staff and thanked City Manager Tandy for his
efforts and his plan for the animal control services transition and
requested he expand on the plan. Tandy responded Police, Finance,
IT, Public Works, Attorney, and Rhonda Smiley (PR) would be
involved in the transition and issues arising due to the transition, and
that long term service enhancements could evolve in working with
Kern County.
Maggard requested staff comment on the resolution thanking the
SPCA for their service. Tandy responded.
Couch referred the issue of naming Rio Vista Park to the
Community Services Committee. He suggested the park be
named Park Rio San Felipe or Rio de San Felipe, which ever was
the original name of the Kern River and has historical
significance.
Couch requested Council take a position on the Truxtun Avenue
location of the High Speed Rail Terminal before the 7/17/03
KernCOG meeting; staff to work with David Price of Kern
County, to come up with language consistent with that of the
County.
ACTION TAKEN
190
13.
14.
Bakersfield, California June 25, 2003 - Page 15
COUNCIL AND MAYOR STATEMENTS continued
Couch requested staff contact Mr. Brumett for list of affected
cities in southeastern Kern County, prepare and send a letter,
stating the City's support of a Regional Transportation Impact
Fee.
Couch requested staff contact him regarding implementing a
Long Term Planning Committee, specifically for the discussion
of growth, development and transportation in the long term, to
meet on a bi.annual basis. This would be in addition to the
regular function of the Urban Development Committee.
Couch requested staff examine transferring parks and median
maintenance duties and personnel to the Public Works
Department and respond to him in writing.
Couch requested Urban Development examine the issue of
minimum parks sizes and credits for parks in gated
communities.
Mayor stated that he would like to reinstate functioning of the
Mayor's Youth Advisory Council.
ADJOURNMENT
Mayor Hall adjourned the meeting at 11:05 p.m.
MAYOR of the City of Bakersflel ,~CA
ACTION TAKEN
ATTEST:
CITY CLERK and Ex Officio Clerk of the
City of Bakersfield, California
191
Bakersfield, California June 25, 2003 - Page 16
THIS PAGE LEFT INTENTIONALLY BLANK