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HomeMy WebLinkAbout12/11/02 MINUTES CC Ii< :-'1 , . 355 MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING DECEMBER 11, 2002 City Council Chamber, City Hall, 1501 Truxtun Ave. Pre-Meeting 5;15 p.m., Regular Meeting 7:00 p.m. SPECIAL MEETING ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham Maggard, Couch, Hanson, Sullivan (seated at 5:29 p.m.) Absent: None 2. INSTALLATION a. Resolution No. 203-02 declaring the results of the General RES 203-02 Municipal Election for the election of Councilmember for SULLIVAN AB Wards 1, 3,4, and 7, held in the City of Bakersfield on November 5, 2002. Motion by Salvaggio to adopt Resolution. b. Administration of Oath of Office. City Clerk McCarthy administered the Oath of Office to Irma Carson, Mike Maggard, David Couch and Mark Salvaggio. Statements were made by the newly elected Councilmembers and Mayor Hall. Benediction by Rev. Dick Hunter of the Shalimar Baptist Church. Motion by Salvaggio to add an item which arose after the agenda APPROVED was posted and required action at this Council Meeting. " 356 Bakersfield, California December 11, 2002 - Page 2 Motion by SalvaggIo to recess to Closed Session at 6:00 p.m. 3. CLOSED SESSION a. Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to subdivision (b)(3)(c) of Government code section 54956.9. One (1) potential case. b. Conference with Legal Counsel - Existing Litigation; Closed session pursuant to subdivision (a) of Government Code section 54956.0. The Bakersfield Californian V5. The County of Kern, et al; KCSC Case No. 24268 NFT c. Conference with Legal Counsel- Potential Litigation; Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9. One potential case. Motion by Sullivan to adjourn from Closed Session at 7:04 p.m. REGULAR MEETING 1. INVOCATION by Rev. Ishmael Kimbrough, Pastor of The People's Missionary Baptist Church. 2. PLEDGE OF ALLEGIANCE by Angelina Rivera, 5th Grade Student, Juliet Thorner Elementary School. 3. ROLL CALL Present: Mayor Hall, Vice-Mayor Salvaggio, Councilmernbers Carson, Benham Maggard, Couch, Hanson, Sullivan Absent: None Motion by Salvaggio to add Items which arose after the agenda was posted and required action at this Council Meeting. 8.00. Adopt Resolution to approve estimated payment to Quinn Engine Systems for unanticipated repairs on Morbark tub grinder (not to exceed $55,000). 11.a. Approval of contract among City of Bakersfield, Kern Delta Water District, Kern County Water Agency and Metropolitan Water District of Southern California. ACTION TAKEN APPROVED APPROVED APPROVED 4. Bakersfield, California December 11, 2002 - Page 3 CLOSED SESSION ACTION a. Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to subdivision (b)(3)(c) of Government code section 54956.9. One (1) potential case. b. Conference with Legal Counsel - Existing Litigation; Closed session pursuant to subdivision (a) of Government Code section 54956.0. The Bakersfield Californian vs. The County of Kern, et a/; KCSC Case No. 24268 NFT. The City Council, by a vote of 5 to 2, with Councilmembers Carson and Maggard dissenting, directed the City Attorney to forgo an appeal in the matter of the Bakersfield Californian v. The County of Kern, et al. 357 ACTION TAKEN NAT APPROVED NS CARSON MAGGARD c. Conference with Legal Counsel- Potential Litigation; Initiation NA T of litigation pursuant to subdivision (c) of Government Code section 54956.9. One potential case. 5. PRESENTATIONS a. Staff presentation of the Kern Transportation Foundation's 2002 Transportation Enhancement Award for the Southwest Bicycle Path for category of Outstanding Program. Public Works Director Rojas made the presentation to the Mayor and Council. b. Presentation by the Highway 99 Committee of Appreciation Awards to Mayor Harvey L. Hall and the City of Bakersfield, and the Bakersfield Police Department. Art Carlock presented awards to the Mayor, Council and Police Department. Mayor Hall made comments. 35ß' Bakersfield, Califomia December 11, 2002 - Page 4 6. PUBLIC STATEMENTS a. Mona Twocats spoke regarding a bus stop near the Homeless Center and presented written material. Benham requested staff aggressIvely pursue establishing a GET bus stop in closer proximity to the Homeless Center. Couch requested staff contact Mr. Moland to determine the status of the request made of Mr. Sliver, the City's representative on the GET Board, to provide a bus stop near the Homeless Center. b. Arminda Renteria spoke regarding a bus stop near the Homeless Center. c. Louis Gill Director of the Homeless Center provided written material and spoke regarding the Housing Assistance Program and funding cuts. Benham requested staff prepare a letter from the Mayor and Council for Mr. Gill to present to the State In January requesting reinstatement of Housing Assistance Program funds for operation of the Bakersfield Homeless Center. d. Arthur Unger spoke regarding the Metropolitan Bakersfield Habitat Conservation Plan. 7. APPOINTMENTS a. Four (4) appointments to the Keep Bakersfield Beautiful Committee due to the expiration of terms of Keith Stoller (Ward 1), Kimberly Ceasar (Ward 3), Kevin Burton (Ward 4), and Cathi Guerrero (Ward 7), terms expired November 2002. (Ward 1.3.4.7) Carson nominated Keith Stoller for reappointment to represent Ward 1; Maggard deferred the Ward 3 nomination to a later date; Couch nominated Kevin Burton for reappointment to represent Ward 4; Salvaggio nominated Sandra Garrigan for appointment to represent Ward 7. Motion by Salvaggio to approve the nominations expiring In November 2006. ACTION TAKEN '- APPROVED 359 Bakersfield, California December 11, 2002 - Page 5 7. APPOINTMENTS continued ACTION TAKEN b. One appointment to the Fire Civil Service Board, due to the expiration of term of Max Morris, term expiring December 31 , 2002. Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 Ward 7 Morris Morris Heflin Morris Heflin Morris Heflin Motion by Salvaggio to reappoint Max Morris to a three year APPROVED term expiring December 31, 2005. c. Two (2) appointments to the Miscellaneous Civil Service Board, due to the expiration of terms of Robert Russo and Thomas See, terms expiring December 31,2002. First Ballot: Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 Ward 7 Second Ballot; Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 Ward 7 Russell See Lewis See See Russell Russell Russell See See See Russell Russell Russell Motion by Salvaggio to appoint Richard Russell to a three year APPROVED term on the Miscellaneous Civil Service Board expiring December 31,2005. 360 . Bakersfield, California December 11, 2002 - Page 6 7. APPOINTMENTS continued ACTION TAKEN Third Ballot: Ward 1 See Ward 2 See Ward 3 See Ward 4 See Ward 5 See Ward 6 See Ward 7 See Motion by Salvaggio to appoint Tom See to a three year term on APPROVED the Miscellaneous Civil Service Board expiring December 31, 2005. d. One appointment to the Police Civil Service Board, due to the expiration of term of Kenneth Vetter, term expiring December 31, 2002. Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 Ward 7 Teagarden Vetter Vetter Vetter Vetter Vetter Vetter Motion by Salvaggio to reappoint Kenneth Vetter to a three year APPROVED term on the Police Civil Service Board expiring December 31, 2005. e. Appointment of Building Director as regular member and Assistant Building Director as the alternate member to the Board of Zoning Adjustment, terms expiring December 1, 2002. Motion by Salvaggio to reappoint the Building DIrector as a APPROVED regular member of the Board of Zoning Adjustment and the AssIstant Building Director as the alternate member of the Board of BuIlding Adjustment for a three year term expiring December 1,2005. Mayor Hall recognized Boy Scout Troop 120's attendance at the Council meeting. 361 Bakersfield, California December 11, 2002 - Page 7 8. CONSENT CALENDAR ACTION TAKEN Minutes: a. Approval of November 20, 2002 Council Meeting Minutes. Payments: b. Approval of department payments from November 8,2002 to November 21,2002 in the amount of $8,827,883.72 and self insurance payments from November 8,2002 to November 21, 2002 in the amount of $241,926.53. Ordinances: c. Ordinance adopting the Negative Declaration, amending Title ORD 4102 17 of the Municipal Code and Zoning Map No. 123-26 changing the zoning from R-1 (One Family Dwelling) to C- 2/PCD (Regional Commercial/Planned Commercial Development) on 8.92 acres located along the southeast corner of Stine Road and Panama Lane. (First Reading 11120/02) (Ward 7) d. Ordinance amending Bakersfield Municipal Code Sections § ORD 4103 1.12.020, § 1.12.040 and § 1.2.070 by adding Annexation No. 427 and a portion of Annexation 433 to Ward 4, Annexation No. 429 to Ward 7 and a portion of Annexation No. 433 to Ward 2. (First Reading 11/20102) (Ward 2,4.7) Resolutions: e. Resolution of Intention No. 1285 to add territory, Area 3-19 ROl1285 (Wible, McKee NE) to the Consolidated Maintenance District, preliminarily adopting, confirming and approving Public Work's Director's Report. (Ward 7) f. A Resolution of the Council of the City of Bakersfield RES 206-02 confirming the approval by the City Manager or his designee of the report of the Chief Code Enforcement Officer regarding assessment of 907 E. 21,t St., for which a dangerous building has been demolished and authorize collection of the assessment by the Kern County Tax Collector. (Ward 2) 3A2 Bakersfield, California December 11,2002 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN g. A Resolution of the Council of the City of Bakersfield RES 207-02 confirming the approval by the City Manager or his designee of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have 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. (Ward 1,2,7) h. Revised Job Specification: Automotive Parts Specialist I to RES 046-02(5) Parts and Inventory Specialist. 1. Amendment NO.5 to Resolution No. 046-02 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits. i. Assessment District No. 02-1, (Avalon/Belsera/Montara/The Woods), a Resolution approving Form and Substance of Addendum to Acquisition and Disclosure Agreement and authorizing changes thereto and execution thereof. (Ward 4,7) RES 208-02 AGR 02-345 j. Resolution authorizing the creation and maintenance of an electronic zoning map as the official zoning map for the City of Bakersfield. RES 209-02 k. CalPERS Employer Paid Contributions; 1. Resolution for Employer Paid Member Contributions RES 210-02 for All Employees of the Blue and White Collar Units to CaIPERS. 2. Resolution for Employer Paid Member Contributions RES 211-02 for All Employees of the Miscellaneous Management Unit to CaIPERS. 3. Resolution for Employer Paid Member Contributions RES 212-02 for All Employees of the General Supervisory and Police Supervisory (Non-Safety). 4. Resolution for Employer Paid Member Contributions RES 213-02 for All Employees of the Police and Fire Management Units to CaIPERS. 8. Bakersfield, California December 11, 2002 - Page 9 CONSENT CALENDAR continued Item 8.k. continued Agreements: 5. Resolution for Employer Paid Member Contributions for All Employees of the Police and Police Supervisory Safety Units to CaIPERS. 6. Resolution for Employer Paid Member Contributions for All Employees of the Fire and Fire Supervisory Safety Units to CaIPERS. 7. Resolution Authorizing Reporting the Value of Employer Paid Member Contributions to CalPERS as Additional Compensation for Miscellaneous Employees. 8. Resolution Authorizing Reporting the Value of Employer Paid Member Contributions to CalPERS as Additional Compensation for Police Safety Employees. 9. Resolution Authorizing Reporting the Value of Employer Paid Member Contributions to CalPERS as Additional Compensation for Fire Safety Employees. I. Tract Maps/Improvement Agreements: (Ward 2,4) 1. Final Map and Improvement Agreements with Riverlakes Enterprises, LLC for Tract 6005 Phase 2 located south of Hageman Road and west of Coffee Road 2. Final Map and Improvement Agreements with Stone Creek Partners, Inc. for Tract 6125 Unit 1 located north of Hosking Avenue and west of Akers Road. 3. Final Map with Hampton Place L.P. for Tract 6007 Unit 2 located south of Palm Avenue and west of Allen Road. 4. Assignment of Improvement Agreement No. 01-160 for Parcel Map 10788 from Commerce Drive Partners to Gregory D. Bynum and Associates, Inc., Parcel Map 10788 is located south of Truxtun Avenue at the northeasterly end of Commerce Dr. 363 ACTION TAKEN RES 214-02 RES 215-02 RES 216-02 RES 217-02 RES 218-02 AGR 02-346 AGR 02·347 AGR 02-348 AGR 02-349 AGR 02-350 364 8. o. q. r. Bakersfield, California December 11, 2002 - Page 10 CONSENT CALENDAR continued m. Reimbursement Agreement for Tentative Tract 6023: (Ward 4) ACTION TAKEN 1. Reimbursement Agreement with Coleman Homes, AGR 02-351 Inc. ($225,680.27) for construction of the Olive Drive Golf Cart Crossing. 2. Appropriate $225,681 Riverlakes Planned Drainage Area Fees to the Capital Outlay Fund's Capital Improvement Budget. Amend agreements for certified court reporting services: 1. Amendment No. 1 to Agreement No. 99-294 with AGR 99-294(1) Sylvia Mendez & Associates for certified court reporting services provided to the City of Bakersfield's City Attorney's Office. 2. Amendment NO.1 to Agreement No. 99-295 with AGR 99-295(1) Wood & Randall for certified court reporting services provided to the City of Bakersfield's City Attorney's Office. Amendment No. 1 to Agreement No. 02-063 with URS Corporation to increase compensation to consultant by $6,000 (for a total contract amount of $625,690) for a traffic signal design. (Ward 7) p. Amendment No.2 to Agreement No. 96-175 with Gordon Special Services dba J&J Special Services for Administration of the School Crossing Guard Program. Improvement Plan Checking Engineering Services: 1. Design Consultant Contract with Cannon & Associates (not to exceed $50,000) for improvement plan checking engineering services. 2. Appropriate $50,000 additional General Fund Improvement Plan Check Revenue to the Public Works Department's Operating Budget. Carrier Canal Development Agreement with MONY Life Insurance Company to convert open canal to box culvert. (Ward 5) AGR 02-063(1) REMOVED FOR SEPARATE CONSIDERA TlON REMOVED FOR SEPARATE CONSIDERA TlON AGR 02-353 DEED 5806 DEED 5807 Bakersfield, California December 11, 2002 - Page 11 8. CONSENT CALENDAR continued s. Amendment No.1 to Agreement No. 99-216 with Normal Development to revise Exhibit "A" to include an additional tract to receive the Transportation Impact Fee credit (no change in the not-to-exceed credit amount). (Ward 7) t. Transportation Impact Fee Agreement with Stuart Thomas Incorporated, a Nevada Corporation DBA Lenox Homes for Tract 6064, located south of Berkshire Road and east of South "H" Street. (Ward 7) u. Memorandum of Understanding between the City of Bakersfield and the Housing Authority of the County of Kern regarding two Trek bicycles for Police patrol in the Lakeview area. (Ward 1) v. Amendment NO.1 Agreement No. CA 02-042 in an amount not to exceed $80,000 with Michael G. Marderosian for outside legal services in the matter of Ochoa v. City of Bakersfield, United States District Court Case No. CV-F- 015559 AWl DLB.. w. Amendment NO.3 to Agreement No. 01-143 with Sturgeon & Son, Inc. to add $68,000 to the annual earthmoving and hauling agreement (for a total citywide annual contract amount of $1,189,500). x. Amendment to Agreement with Shibumi Consulting Services: 1. Appropriate $50,000 Solid Waste Fund Balance to the Public Works Department Operating Budget. 2. Amendment #1 to Consultant Agreement PW 02-107, with Shibumi Consulting Services, Inc., to add $50,000 (total compensation for this agreement not to exceed $59,000), and additional scope of work for the implementation of improvements to the City's data collection software. 365 ACTION TAKEN AGR 99-216(1) AGR 02·354 AGR 02-355 AGR 02-356 AGR 01-143(3) COUCH ABS AGR 02·357 y. Reimbursement Agreement with Jack and Shirlyn Davenport AGR 02-358 for Widening Rosedale Highway west of Henry Lane, with relocation of an existing retaining wall in an amount not to exceed $3,860 and exchange of properties at 2601 Rosedale Highway. (Ward 4) 366 Bakersfield, California December 11,2002 - Page 12 8. CONSENT CALENDAR continued ACTION TAKEN z. Amendment No. 1 ($5,000 for a total not to exceed AGR 02-255(1) compensation clause of $73,400) to Consultant Agreement No. 02-255 with Niemeyer & Associates, P.C. for inspection and safety training of the Bakersfield Amtrak Track. (Ward 2) aa. Agreement with URS Corp. for $145,335.00 for the AGR 02-359 preparation of a Preliminary Geometric Design and development of a Specific Plan Line to the future interchange at Hosking Road and State Route 99; and for the preparation of a Project Study Report (PSR) for the widening of the existing interchange at Olive Drive and State Route 99. (Ward 7) Bids: bb. Planz Park Playground Rehabilitation Project: (Ward 7) 1. Award contract to Brown Fowler Construction in the amount of $147,157.00, for Planz Park Playground Rehabilitation Project.. REMOVED FOR SEPARATE CONSIDERA TION 2. Appropriate $36,336 uncommitted CDBG Funds to the Recreation and Parks Department, Capital Improvement Budget withing the Community Development Block Grant Fund. cc. Accept bid from GTSI Corporation, $429,166.24, for 103 Panasonic T oughbooks for the Police Mobile Data Computer System. dd. Accept bid to award annual contract to San Joaquin Fence & AGR 02-361 Supply, not to exceed the budgeted amount of $250,000, to furnish and install fencing around various City properties and canals. ee. Accept bid from Bearcat Manufacturing, Inc., $31,607.33, for one (1) additional crack sealing machine for Street Maintenance Division. ff. Accept bid from Jim Burke Ford, $28,207.47, for one (1) replacement cab and chassis for the Fire Department Patrol vehicle. '.367 Bakersfield, California December 11, 2002 - Page 13 8. CONSENT CALENDAR continued ACTION TAKEN gg. Various Street Improvements - Hageman Road, Calloway Drive and Old Farm Road: (Ward 4) 1. Accept base and alternate bid to award contract to E AGR 02-362 & M Constructors Co. ($362,831.40) for the Project. 2. Approve Reimbursement Agreement with Riverlakes AGR 02-363 Community Church (actual cost of alternate bid to be reimbursed to City). 3. Appropriate $187,000 fund balance and $113,000 Developer Contribution to the Capital Improvement Budget within the Transportation Development Fund. hh. Reject bid for Pin Oak Park Water Playground. (Ward 5) Miscellaneous: ii. Pacific Gas & Electric's request for an easement to locate a DEED 5771 guy wire anchor on City owned real property located at the northeast corner of Calloway Drive and Olive Drive. (Ward 4) jj. General Plan Amendment 02-0623, Mcintosh & Associates is requesting an amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan deleting that segment of Masterson Street between Lake Ming Road and Bella Drive in northeast Bakersfield from the Circulation Element as a planned arterial. Appeal by the City of Bakersfield Public Works Department. (Ward 3) Staff recommends continuing this matter to January 15, 2003 kk. Revised Job Specifications a. Traffic Painter II b. Traffic Painter III II. Miscellaneous Appropriations/Transfers: (Ward 2) 1. Appropriate $8,360 Amtrak Railway Fund Balance to the Capital Improvement Budget. mm. Appropriate and transfer $2 million General Fund Balance to the Self-Insurance Fund to partially cover a deficit at June 30, 2002. REMOVED FOR SEPARATE CONSIDERA TlON 368 Bakersfield, California December 11, 2002 - Page 14 8. CONSENT CALENDAR continued ACTION TAKEN nn. Historic Preservation Commission 2001/2002 Fiscal Year Annual Report. 00. Adopt Resolution to approve estimated payment to Quinn RES 219-02 Engine Systems for unanticipated repairs on Morbark tub grinder (not to exceed $55,000). MotIon by Salvaggio to adopt Consent Calendar Items a. through APPROVED 00. wIth the removal of items 8.p., 8.q., 8.mm., and 8.bb. for separate consideration. p. Amendment NO.2 to Agreement No. 96-175 with Gordon AGR 96-175(2) Special Services dba J&J Special Services for Administration of the School Crossing Guard Program. Motion by Hanson to adopt item 8.p. APPROVED q. Improvement Plan Checking Engineering Services: AGR 02-352 1. Design Consultant Contract with Cannon & Associates (not to exceed $50,000) for improvement plan checking engineering services. 2. Appropriate $50,000 additional General Fund Improvement Plan Check Revenue to the Public Works Department's Operating Budget. MotIon by Hanson to adopt item 8.q. APPROVED mm. Appropriate and transfer $2 million General Fund Balance to the Self-Insurance Fund to partially cover a deficit at June 30, 2002. Motion by Hanson to adopt item 8.mm. APPROVED bb. Planz Park Playground Rehabilitation Project: (Ward 7) AGR 02-360 1. Award contract to Brown Fowler Construction in the amount of $147,157.00, for Planz Park Playground Rehabilitation Project.. 2. Appropriate $36,336 uncommitted CDBG Funds to the Recreation and Parks Department, Capital Improvement Budget withing the Community Development Block Grant Fund. 369 Bakersfield, California December 11, 2002 - Page 15 Motion by Salvaggio to adopt item 8.bb. ACTION TAKEN APPROVED 9. HEARINGS a. Continued hearing to consider a resolution approving and RES 220-02 adopting an adjusted fee for the development and improvement of parks within the City of Bakersfield (1.95% proposed fee increase). Staff comments by Public Works Director Rojas. Hearing opened at 8;17 p.m. No one spoke at hearing. Hearing closed at 8;17 p.m. Motion by Maggard to adopt Resolution approving and adopting APPROVED fees. b. Resolution upholding the appeal and modifying the decision RES 221-02 of the Planning Commission approving vesting Tentative Tract Map No. 6140 and the Development Plan for PUD Zone Change No. 02-0291 on certain property located on the south side of Highway 58, and the east side of South Oswell Street. Staff comments by Development Services Director Hardisty. Hearing opened at 8:20 p.m. Roger Mcintosh spoke in favor of the staff recommendation. Hearing closed at 8:21 p.m. Motion by Carson to uphold the appeal and modify the decision APPROVED of the Planning Commission. c. Final Environmental Impact Report, General Plan Amendment P01-0973 (Metropolitan Bakersfield General Plan Update). 1. Resolution certifying the Final Environmental Impact Report for the Metropolitan Bakersfield General Plan RES 222-02 Update. 2. Resolution adopting the amendment to the Metropolitan Bakersfield General Plan text and maps. RES 223-02 3 (0 Bakersfield, Califomia December 11, 2002 - Page 16 9. HEARINGS continued Staff comments and computer presentation by Planning Director Grady. Hearing opened at 8:34. Gordon Nipp of the Sierra Club and John Fallgatter of the Smart Growth Coalition spoke in opposition to the staff recommendation. Dick Taylor, President of the Kern Off-Road Association and Roger Mcintosh, Co-Chair of the Transportation and Land Use Planning Committee of the Vision 2020 Plan, spoke in favor of the staff recommendation. Hearing closed at 8:49 p.m. Couch requested clarificatIon on Alternative 15 and requested the following be reviewed by the Urban Development Committee: o Inclusion of groundwater recharge overlay maps in informatIon before changes In the Plan are presented to Council. o Usefulness of Specific Plans In relation to the General Plan. o Provide a better definition of the term 'encourage' in the context of the Metropolitan Bakersfield General Plan. o Possible inclusion of bus stop turn outs in the plan. o Investigate ways to prevent a negative impact on the air quality by ImplementatIon of the Plan. o Facl1ltate use of non petroleum powered vehicles. o Promotion of the option of solar power In new developments. Maggard requested staff assistance in developing a local incentive program to encourage the public to switch from wood burning fireplaces to natural gas fireplaces. Benham requested the Urban Development Committee address the issues of view shed and ridge line development, urban growth boundary, and Alternative 15 of Highway 58 Alignment. Salvaggio requested staff prepare a response to concerns expressed during the hearIng process regarding groundwater protection and waste management, septic tank use, etc. ACTION TAKEN 371 Bakersfield, California December 11, 2002 - Page 17 9. HEARINGS continued ACTION TAKEN MotIon by Salvaggio to adopt the Resolution certifying the Final APPROVED Environmental Impact Report for General Plan Amendment Update and adoption of a Resolution amending the Metropolitan Bakersfield General Plan text and maps. d. Ordinance amending Title 17, concerning regulations for the FR development and construction of multiple family housing projects such as apartments, duplexes, triplexes and fourplexes in the R-2, R-3, and R-4 (Multiple Family Residential) zone districts. Staff comments by Development Services Director Hardisty. Hearing opened at 9;41 p.m. Brian Todd, Building Industry Association representative, spoke in opposition to the staff recommendation. Hearing closed at 9:44 p.m. Couch requested the Budget and Finance Committee review the suggestion to give a Park Fee credit to developments consisting of four or less fourplexes. Couch requested the Urban Development Committee review the six elements, and more specifically the parking element, included in the Ordinance change. Recess taken from 9:48 p.m. to 9:58 p.m. 10. REPORTS a. Community Services Committee Report No. 5-02 regarding a City Contribution of COBG Funds in an amount not to exceed $5000 to Bakersfield African American Cultural Association for a Community Celebration in Southeast Bakersfield. Sullivan presented the report on behalf of the committee. Motion by Carson to approve report and expenditure of CDBG APPROVED Funds. 372 Bakersfield, Califomia December 11,2002 - Page 18 10. REPORTS continued ACTION TAKEN b. Budget and Finance Committee Report No. 3-02 regarding the proposed increase in Kern County Solid Waste Management Program fees. REFERRED TO BUDGET AND FINANCE Staff comments by City Manager Tandy. Maggard requested the Budget and FInance CommIttee review the implications for the CIty due to the solId waste fee Increase by the County Board of Supervisors. Salvaggio requested the Budget and Finance Committee explore the feasibility of notifyIng the approxImately 5000 businesses within the CIty affected by the rate hIkes. c. City manager Report No. 5-02 on the Bike Path Widening and Improvements near Truxtun Avenue from 450' east of Quailridge Drive to approximately 2500' further east. Staff comments and computer presentation by Public Works Director Rojas. MotIon by Couch to move forward wIth staff recommendatIon APPROVED and proceed with Alternative #1. 11. DEFERRED BUSINESS a. Approval of contract among City of Bakersfield, Kern Delta AGR 02-364 Water District, Kern County Water Agency and Metropolitan Water District of Southern California. Salvaggio recognized Tom Clark, General Manager Kern County Water Agency, and Mark Mulkay, General Manager Kern Delta Water District. MotIon by Salvaggio to approve Agreement. APPROVED 12. NEW BUSINESS a. Election of Vice-Mayor Salvaggio nominated David Couch to serve a two year term as Vice- Mayor. There were no other nominations. 37 3 Bakersfield, California December 11, 2002 - Page 19 12. DEFERRED BUSINESS continued ACTION TAKEN Motion by Salvaggio to appoint David Couch as Vice-Mayor to a APPROVED two year term ending December 2004. 13. MAYOR AND COUNCIL STATEMENTS Benham requested staff address the need for a GET bus stop near the homeless center and provided correspondence from Mr. Moland regarding the issue. Benham requested Recreation and Parks staff investigate acquiring a mobile skate board park such as the City of Long Beach has. Benham provided a letter from BHS principle David Reese regarding code enforcement issues along the railroad tracks and requested staff address the issue. Benham requested staff examine ways to cooperate and assist the agencies listed in the 2020 Plan in determining how the City can assist in improving the quality of the air and report to the Urban Development Committee their findings and suggestions; that the strategies be placed on the agenda of the next joint meeting of the Council and Kern County Board of Supervisors for discussion. Benham further requested the Urban Development Committee consider the use of leaf blowers and a possible moratorium on drive through windows in new commercial developments; requested the Board of Supervisors consider a moratorium on new dairy applications in the County and to study the cost to our air quality of the emissions from dairies. Additionally, she requested the local representatives on the San Joaquin Air Pollution Control District to be as aggressive as possible in implementing solutions in polluting agricultural practices and the pollution caused by diesel trucks. Benham extended her cOlleagues, Mayor, City employees and the citizens of Bakersfield a safe and happy holiday season. Maggard requested Urban Development address the Issue of leaf blowers, drive through windows, and the use of CMG cars by the City fleet. Maggard congratulated re-elected members of the Council and thanked staff for assistance they provide. Maggard requested a video copy of the portion of the Board of Supervisors meeting regarding the increase of solid waste fees. 374 13. Bakersfield, California December 11, 2002 - Page 20 MAYOR AND COUNCIL STATEMENTS continued Maggard requested CIty representatives on the GET Board expedite a bus stop on Auburn near the Canyon Hl1Is Assembly of God Church and a shelter for the stop at Fairfax and Auburn. Maggard thanked Salvaggio for his service as Vice-Mayor, congratulated Couch on his election as Vice-Mayor and wished everyone Merry Christmas and Happy Holidays. Hanson requested staff repair holes in the fencing near White Lane and Hwy. 99 near the Motel 6. Hanson congratulated the re-elected Councilmembers; thanked Salvaggio for his service and wished the City a Happy Holiday Season. Sullivan congratulated Couch on his selection as Vice-Mayor; expressed appreciation to the staff and Mayor; asked that everyone remember the true meaning of Christmas and extended holiday wishes to everyone. Couch requested the Water Board consIder a CIty OrdInance prohibiting other outside jurisdictions from importing bulk bio- solids, into the incorporated area of the City, that do not meet the exceptional quality standards. Couch provided informatIon to Stan Ford to be passed on to NOR regarding noise control. Couch provided information regardIng the promotion of solar energy and requested staff consider the feasIbility of implementation. Couch thanked Salvaggio for his service as Vice-Mayor and complimented staff on the agenda and the volume of material covered. Couch requested staff present all options available for budget cutting, during upcoming review. Couch provided refe"als to Assistant City Manager Stinson. Couch requested Public Works Director Rojas review the criteria of the High Speed Rail Study to assure Mr. Dirtdon's comments are included. Couch extended holiday wishes. ACTION TAKEN Bakersfield, California December 11, 2002 - Page 21 13. MAYOR AND COUNCIL STATEMENTS continued Carson requested staff provide a status report on the grocery store at Union and California. Carson requested staff provide a list of uncompleted light projects in the Southeast area. Carson requested staff provide Information on the process for sewer connection for the Stine Road area residents along Stockdale Hwy. Carson requested staff install a cross-walk at ThIrd Street and Chester Avenue. Carson wished everyone Merry Christmas and Happy New Year. Salvaggio provided a letter from Jack Mayfield on behalf of Country Meadows, Stine Ranch and Rancho Stine Homeowners Associations, and requested staff analyze the feasibility of his request for the City to take over their streets; if not feasible check to see if CDBG funds could be used for street improvements. Salvaggio provided an email from Mr. Barton who took exception to the response provided by Police regardIng a noise nuisance and requested Chief Matlock respond. Salvaggio requested Public Works provide a feasibility study regarding a three-way stop at FaIth and Doefleld; in the interim to provide police patrol in that location to reduce speeding problems. Salvaggio thanked Don Anderson for the status report provided to Rhonda Smiley regarding the White LanelHwy. 99 Interchange project and requested staff keep abreast of the situation. Salvaggio thanked the Council for being allowed to serve as Vice- Mayor. Salvaggio extended best wishes for the holiday season. Mayor Hall thanked the Council for their service and demeanor, particularly Salvaggio for the support he has provided. Mayor Hall thanked staff for all the support they provide and wished everyone a happy holiday season. 375 ACTION TAKEN 316 14. Bakersfield, Califomia December 11, 2002 - Page 22 ADJOURNMENT Mayor Hall adJour, ATTEST: CITY CLERK and Ex Officio Cle City of Bakersfield, California ACTION TAKEN