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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