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HomeMy WebLinkAbout09/22/04 CC MINUTES 391 MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING SEPTEMBER 22, 2004 City Council Chamber, City Hall, 1501 Truxtun Ave. Regular Meeting 5:15 and 7:00 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard, Hanson, Sullivan, Salvaggio Absent: 2. WORKSHOP a. Preview of New Graffiti Webpage. Presentation and handouts provided by Assistant City Manager Christensen, who also introduced webmaster Willy Sawyer. Councilmember Maggard requested the site address for the graffitI webpage be emalied to Councllmembers. 3. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Janis Varner, Link to Life, proclaiming October, 2004, "Paint the Town Pink" Month. Ms. Varner made comments and presented wrillen material to Council. 4. PUBLIC STATEMENTS a. Carolyn Wade-Southard, Unit Supervisor for the Kern County HELP+ Program segment of the Homeless Collaborative, spoke regarding the program; thanked City employees involved in the recent effort and submilled a log of events. ~l9'~ Bakersfield, California September 22, 2004 - Page 2 4. PUBLIC STATEMENTS continued ACTION TAKEN b. Terry Maxwell spoke regarding sign Ordinance violations and provided written material. Councilmember Couch requested staff respond to Mr. Maxwell. c. Pamela Prewett spoke regarding safety issues on Hwy. 178. Councllmember Maggard requested staff contact Ms. Prewett to ascertain specifically her areas of concern and provide information regarding projected safety/traffic improvements on Hwy. 178. d. Arthur Unger spoke requesting item 5.w. be removed from the agenda. e. Robert Kunde, Kern County Farm Bureau spoke in support of the staff recommendation regarding item 5.w. 5. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 8, 2004 Council Meeting. Payments: b. Approval of department payments from August 27, 2004 to September 9, 2004 in the amount of $16,480,271.21 (including $368,534.20 in Senior Citizen Refuse Refunds) and self insurance payments from August 27,2004 to September 9,2004 in the amount of $145,140.46. Ordinances: c. First Reading of Ordinances amending Chapters 5.14,5.50 FR and 5.56 of the Bakersfield Municipal Code relating to cabarets, taxicabs and transient outdoor businesses. d. Adoption of Ordinance adopting the Negative Declaration and ORD 4207 amending Title 17 of the Municipal Code and Zoning Map Nos. 101-36 and 122-01 to change the zoning from R-1 (One Family Dwelling) to C-O (Professional and Administrative Office) on 19.24 acres and R-3 (Limited Multiple-Family Dwelling) to C-O (Professional and Administrative Office) on 20.57 acres, located on the north side of Stockdale Highway between Allen Road and Jewetta Avenue. (ZC 04-0431) 5. Bakersfield, California September 22, 2004 - Page 3 CONSENT CALENDAR continued e. Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 103-13 from an R-2 (Limited Multiple Family Dwelling) zone to an R-1 (One Family Dwelling) zone on 8.96 acres, generally located on the south side of Paladino Drive, between Fairfax Road and Morning Drive. (Engineer: Porter- Robertson Engineering; Subdivider: Rio Bravo Land Company) (ZC 04-0650) f. Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-06 from a DE (Drilling Island) zone to an E (Estate) zone on 2.5 acres, generally located north of Snow Road, east of the Friant-Kern Canal, generally west of Calloway Drive (Engineer: SmithTech U.S.A.; Applicant: Michael Etcheverry). (ZC 04-0710) g. Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-20 from an A-20A (Agriculture-20 acre minimum) zone to an R-1 (One Family Dwelling) zone on 40.46 acres,located at the northeast corner of Old River Road and Harris Road (Engineer: SmithTech U.S.A., Inc.; Subdivider: Lennar Bakersfield). (ZC 04-0324) h. Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map 102-15 from C-2 (Regional Commercial) to M-1 (Light Manufacturing) on 13.18 acres located along the north side of Hageman Road between Landco Drive and Knudsen Drive. (ZC 02-0410) i. Adoption of Ordinance adopting the Negative Declaration and amending Tille 17 of the Municipal Code and Zoning Map No. 123-34 from A (Agriculture) to R-1 (One Family Dwelling) on 77 acres, located along the south side of McCutchen Road, generally located between Ashe Road and Stine Road. J. Adoption of Ordinance adopting the Negative Declaration, upholding the Planning Commission decision and amending Title 17 ofthe Municipal Code and Zoning Map No. 101-14to change the zoning from A (Agricultural) to R-1 (One Family Dwelling) on 56.48 acres, located south of Reina Road and west of Allen Road. (ZC 04-0441) 393~ ACTION TAKEN ORD 4208 ORD 4209 ORD 4210 ORD 4211 ORD 4212 ORD 4213 394 5. Bakersfield, California September 22, 2004 - Page 4 CONSENT CALENDAR continued Resolutions: k. Resolution of Intention No. 1347 adding territory, Area 4-31 (Hwy 58, Quantico NE), to the Consolidated Maintenance District, preliminarily adopting, confirming and approving Public Works Director's Report. I. Resolution adding territory, Area 1-50 (Jewetta, Reina SW) 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. m. Amendment No. 11 to Resolution No. 44-93 setting salaries and related benefits for the Temporary Unit. n. Drive Approach/Sidewalk Construction at 1128 Eureka Street: 1. Resolution authorizing the Public Works Director to construct a drive approach and sidewalks at 1128 Eureka Street, confirming assessments and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Maethan Johnson, property owner, to pay the drive approach and sidewalk construction costs in installments and notice of special assessment lien. Agreements: o. Final Map and Improvement Agreements with Hampton Place, LP for Tract 6033 located south of Palm Avenue and east of Jenkins Road. p. Agreement with the Bakersfield Senior Citizen Center for $50,000.00 of FY 2004-05 Community Development Block Grant (CDBG funds) for operational expenses at the 530 4'h Street Center. .--.- ACTION TAKEN ROl1347 RES 261-04 RES 44-93(11) RES 262-04 AGR 04-270 AGR 04-271 AGR 04-272 REMOVED FOR SEPARATE CONSIDERA TION 5. Bakersfield, California September 22, 2004 - Page 5 CONSENT CALENDAR continued q. Condition of approval for Parcel Map 11010 located on Knudsen Drive: 1. Annexation Agreement with Tom and Lisa Carosella and Gene D. Borel and Jerry L. Borel to annex property into the City and to purchase Knudsen Drive right of way. 2. Appropriate $264,148.00 Transportation Development Fund balance to the Capital Improvement Budget for property acquisition. r. Park at Granite Pointe Parkway and Ledgeview Lane: 1. Agreement with Granite Pointe LLC for $18,850.00 for acquisition of park land. 2. Agreement with Granite Pointe, LLC for $286,326.00 for the development of park. 3. Appropriate $305,176.00 Park Improvement Fund Balance. s. Transportation Impact Fee Agreement with Mountain View Bravo, LLC. t. Cooperative Agreement with Golden Empire Transit District for the implementation of a citywide Transit Signal Priority (TSP) system to improve bus service and reliability for the public. u. Construction of Water Recharge Basins adjacent to the Westside Parkway: 1. Agreement with Castle and Cooke California, Inc. ($444,500.00) to construct water recharge basins and associated water conveyance system. 2. Appropriate $450,000.00 Transportation Development Fund Balance to the Capital Improvement Program. 395 ACTION TAKEN AGR 04-274 DEED 6144 AGR 04-275 DEED 6145 AGR 04-276 REMOVED FOR SEPARA TE CONSIDERA TION REMOVED FOR SEPARA TE CONSIDERA nON AGR 04-279 396 " 5. Bakersfield, California September 22, 2004 - Page 6 CONSENT CALENDAR continued v. Agreement with SBC to provide Wi-Fi wireless internet service to Centennial Garden and Convention Center. Agreement with Nossaman, Guthner, Knox & Elliott, LLP to provide legal services in the matter of the Buena Vista Lake Shrew, Proposed Critical Habitat Designation, in an amount not to exceed $60,000.00. w. X. 2005 Health Care Contracts: 1. Amendment No. 12 to Agreement No. 93-267 with Blue Cross of California for Indemnity Health and Dental Services. 2. Amendment No. 11 to Agreement No. 93-266 with Blue Cross/California Care Health Plans for Medical Services. 3. Amendment NO.8 to Agreement No. 96-148 with Blue Cross of California for the Medicare Risk plan Senior Secure. 4. Amendment No. 7 to Agreement No. 97-230 with Kaiser Permanente Health Plans for Medical Services. 5. Amendment NO.7 to Agreement No. 97-321 with Kaiser Permanente Health Plans for Medical Services for retirees_ 6. Amendment No. 13 to Agreement No. 91-280 with Dedicated Dental Systems, Inc. for pre-paid Dental Services. 7. Amendment No. 12 to Agreement No. 92-278 with Medical Eye Services and Security Life Insurance Company for Vision Services. 8. Amendment No. 4 to Agreement No. 00-262 with Pacific Union Dental for pre-paid Dental Services. 9. Amendment No. 4 to Agreement 00-263 with PacificCare Behavioral Health of California for Managed Mental Health Care. 10. Amendment No. 5 to Agreement 96-220 with PacifiCare Behavioral Health of California for Employee Assistance Services. ACTION TAKEN AGR 04-280 REMOVED FOR SEPARA TE CONSIDERA TION AGR 93-267(12) AGR 93-266(11) AGR 96-148(8) AGR 97-230(7) AGR 97-321(7) AGR 91-280(13) AGR 92-278(12) AGR 00-262(4) AGR 00-263(4) AGR 96-220(5) Bakersfield, California September 22, 2004 - Page 7 CONSENT CALENDAR continued 5. y. z. aa. bb. cc. Amendment NO.6 to Agreement No. 98-222 with HTE, Inc. ($151,77.36) for service support of licensed software. Amendment NO.2 to Agreement No. 02-255 with Niemeyer & Associates to extend term and increase compensation by $16,000.00 (for a total contract amount of $89,400.00) for AMTRAK track inspection services. Amendment NO.1 to Agreement No. 98-51 with Kem Charter Service to add six tie-down spaces to the premises leased at the Bakersfield Municipal Airport, increase the total lease amount by $120.00 per month and amend insurance requirements. Amendment No. 3 to Agreement No. 02-258 with Granite Construction Co. (no increase in compensation) extending the annual contract for street materials time period for three (3) weeks. Amendment No. 1 to Agreement No. 04-023 with Marderosian, Runyon, Cercone, Lehman & Armo (increase compensation by $25,000.00, to contract not to exceed $175,000.00) to provide additional legal services. dd. Rescind Agreement No. 03-370 with George Sturges, Jr. for lease of the "Shade Hangar" located at the Bakersfield Municipal Airport. Bids: 397 ACTION TAKEN AGR 98-222(6) AGR 02-255(2) AGR 98-51(1) AGR 02-258(3) AGR 04-023(1) ee. Accept bid to award annual contract to Safeway Sign AGR 04-282 Company, not to exceed the budgeted amount of $55,000.00, for traffic signs. City Clerk McCarthy announced correspondence was received from Mary J. Griffin, Kern Audubon Society, in opposition to item S.W. Motion by Vice-Mayor Couch to approve Consent Calendar items APPROVED 5.8. through 5.ee., with removal of Items 5.p., 5.5., 5.t., 5.w. and 5.ee. for separate consideration. S9t:S Bakersfield, Califomia September 22, 2004 - Page 8 CONSENT CALENDAR continued ACTION TAKEN 5. *,..'" p. Agreement with the Bakersfield Senior Citizen Center for AGR 04-273 $50,000.00 of FY 2004-05 Community Development Block Grant (CDBG funds) for operational expenses at the 530 4th Street Center. Motion by Councflmember Carson to approve the Agreement. APPROVED s. Transportation Impact Fee Agreement with Mountain View AGR 04-277 Bravo, LLC. Motion by Councflmember Maggard to approve the Agreement. APPROVED t. Cooperative Agreement with Golden Empire Transit District for the implementation of a citywide Transit Signal Priority (TSP) system to improve bus service and reliability for the public. AGR 04·278 APPROVED Motion by Vice-Mayor Couch to approve the Agreement. w. Agreement with Nossaman, Guthner, Knox & Elliott, LLP to AGR 04-281 provide legal services in the matter of the Buena Vista Lake Shrew, Proposed Critical Habitat Designation, in an amount not to exceed $60,000.00. APPROVED Motion by Councilmember Hanson to approve the Agreement. City Clerk McCarthy announced Consent Calendar item 5.ee and Consent Calendar Hearings will be heard at the 7:00 portion of the meeting. 7. CLOSED SESSION a. Closed Session pursuant to Government Code Section 54957.6; Conference with Labor Negotiator. b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Govemment Code Section 54956.9; City of Bakersfield v City of Shatter. Motion by Vice-Mayor Couch to adjourn to Closed Session at 6:12 p.m. APPROVED Motion by VIce-Mayor Couch to adjourn from Closed Session at 7:00 p.m. APPROVED Bakersfield, California September 22, 2004 - Page 9 RECONVENED MEETING - 7:00 p.m. 8. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard, Hanson, Sullivan, Salvaggio Absent: 9. INVOCATION by Pastor David Schooler, The Neighborhood Church 10. PLEDGE OF ALLEGIANCE by Taylor Graham, 6"' Grade Student at Haven Drive Middle School. Mayor Hall announced item 13.a. has been withdrawn and will not be heard by the City Council. Mayor Hall recognized the Ridgeview High School government in attendance at the meeting. 11. CLOSED SESSION ACTION a. Closed Session pursuant to Government Code Section 54957.6; Conference with Labor Negotiator. b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9; City of Bakersfield v City of Shatter. 5. CONSENT CALENDAR continued Item 5.ee. continued ee. Accept bid to award annual contract to Safeway Sign Company. not to exceed the budgeted amount of $55.000.00, for traffic signs. Motion by Councllmember Maggard to accept the bid and award the contract. 12. PUBLIC STATEMENTS a. Art Carlock spoke regarding the Hwy. 99 Car Show, and on behalf of show organizers, donated at $300 check to the Movies in the Park Program. 399· ACTION TAKEN HAT HAT APPROVED 400 ì 6. ____u._ _._ Bakersfield, California September 22,2004 - Page 10 CONSENT CALENDAR HEARINGS a. Public Hearing to consider expenditures of Local Law Enforcement Grants: 1 . Bureau of Justice Assistance (BJA) Local Law Enforcement Block Grant (L.L.E.B.G.) Funds in the amount of $62,912.00. a. Appropriate $62,912.00 Federal Grant and $6,990.00 Asset Forfeiture monies to the General Fund Police Department Operating Budget. 2. Supplemental Law Enforcement Services Funding (S.L.E.S.F.) in the amount of $410,673.00 (per Government Code 30061). a. Appropriate $335,673.00 State Grant to the Police Department Operating and Capitol Budgets; transfer and appropriate $130,000.00 to the Equipment Management Fund Operating Budget. b. General Plan Amendment No. 04-0909 Circulation Element Amendment; The City of Bakersfield Public Works Department has requested a General Plan Amendment to delete Rider Street as an arterial between Johnson Road and Stockdale Highway and adopt a specific plan line for access ramps for the West Beltway and Westside Parkway Interchange. ACTION TAKEN 1. Resolution approving the Negative Declaration and RES 263-04 adopting the General Plan Amendment deleting Rider Street between Johnson Road and Stockdale Highway and adopting a specific plan line for access ramps for the West Beltway and West Parkway Interchange. c. Public Hearing to consider Resolution ordering the vacation of the south 126 feet of the 30 foot wide alley between Oak Street and Olive Street extending from Palm Street to Dracena Street. d. Public Hearing to consider Resolution ordering the vacation of Pacheco Road between Buena Vista Road and Old River Road. RES 264·04 RES 265-04 401 Bakersfield, California September 22, 2004 - Page 11 6. CONSENT CALENDAR HEARINGS continued ACTION TAKEN e. Public Hearing to consider project for the final closure of the Bakersfield City Sanitary Landfill located north of Panorama Drive, south of Alfred Harrell Highway, west of Fairfax Road and east of Wenatchee Avenue/County Road 219. 1. Resolution adopting the Mitigated Negative RES 266-04 Declaration and approving the final closure of the Bakersfield City Sanitary Landfill. Hearings opened at 7:19 p.m. Gilbert Gia spoke in opposition to item 6.e. James Varner, on behalf of Beverly Monji, spoke regarding item 6.c. Hearings closed at 7:20 p.m. Motion by Vice-Mayor Couch to adopt Consent Calendar Hearing items 6.a. through 6.e. APPROVED 13. HEARINGS a. Public Hearing to consider appeal by Terry Ralston, WITHDRAWN representing Brian and Carrie Riel, of the Board of Zoning Adjustment's approval of a CUP (File No. 04-0706) to allow the construction of two drive-thru restaurants (3049 and 810 sq. ft.) within an existing shopping center in a C-1 (Neighborhood Commercial) zone district at 9640 and 9650 Hageman Road. City Clerk McCarthy announced item 13.a. has been withdrawn by the appellants, Brian and Carrie Riel. b. Public hearing to consider Resolution revising the Countywide RES 267-04 Siting Element of the Kern County and Incorporated Cities Integrated Waste Management Plan. Hearing opened at 7:22 p.m. Nancy Ewert, Technical Resources Manager for Kern County Waste Management, spoke in favor of the staff recommendation. Hearing closed at 7:24 p.m. Motion by Councilmember Couch to adopt the Resolution. APPROVED .4·0,2 14. ..., Bakersfield, Califomia September 22,2004 - Page 12 DEFERRED BUSINESS a. Resolution upholding the decision of the Planning Commission, denying the appeal, adopting the Negative Declaration and approving Vesting Tentative Tract Map 6318 generally located south of Chase Avenue and east of Kern Canyon Road (State Route 184). (Appellant: Sierra Club/Engineer: Cornerstone Engineering/Subdivider: Arnold & Vicki Young) Development Services Director Hardisty made staff comments. Mayor Hall directed the matter be continued to the next Council meeting October 6. 15. COUNCIL AND MAYOR STATEMENTS Councilmember Sullivan made comments regarding the Constitution Day Bells Across America celebration September 17, 2004. Councilmember Sullivan made comments regarding attendance at the Bakersfield Symphony Orchestra's Concert for America on September 11, 2004. Councllmember Sullivan requested staff repair a pothole on the west side Planz west of Howard's Market, at Planz and Wible. Councllmember Sullivan requested staff explore growing shrubs in front of the block walls In the Stonecreek area to discourage graffiti; additionally Investigate sealing block walls as they are built to allow for easier removal of graffiti. Councilmember Sullivan made comments regarding the recent sniper shootin9s at Taco Bell on Min9 Avenue. Councllmember Sullivan requested a meeting with Chief Rector to discuss possible deterrents, Ie. extra patrol, cameras, to solve the speeding/drag racing problems on Mfng Avenue. Councilmember Carson thanked the United Way and participating corporations, particularly the Bakersfield Califomian, for the Day of Caring of September 11, 2004. Councilmember Carson reminded Council of the Joint Meeting with the Kern County Board of Supervisors, September 27,2004. Councllmember Maggard requested Public Works Rojas meet with him regarding street lights. _.....--,._,~.,..._---_.. ACTION TAKEN Bakersfield, California September 22,2004 - Page 13 15. COUNCIL AND MAYOR STATEMENTS continued Councilmember Maggard requested staff contact him regarding containment of Valley Fever spores. Councilmember Maggard thanked Mayor Hall for attending the funeral of Deputy Sheriff Daniel Archuleta. Councilmember Maggard requested staff investigate the possibility of utilizing Inmate crews to clean up trash along road sides. Councllmember Benham thanked Streets Supervisor Luis Peralez for prompt response to potholes and street Issues in Ward 2; additionally staff to follow up regarding a curb cut for a handicapped citizen in the Sunset-Oleander area. Councilmember Benham requested staff address the issue of motorized vehicles utilizing the Bike Path. Councllmember Hanson requested staff look Into providing a higher quality work in Maintenance Districts. Councilmember Hanson requested staff Investigate standing water and be proactive in the prevention of the spread of West Nile Virus. Councilmember Hanson requested Development Services Director Hardisty provide information regarding a trailer park on the Kern River. Councllmember Salvaggio requested staff contact a citizen regarding her yard being flooded and provided contact information. Councllmember Salvaggio requested staff provide a time-line for the road widening project at Hosking and Wible. Councilmember Salvaggio requested staff prepare a list of on- going projects and upcoming CIP projects in Ward 7 to provide to the person taking his place as the Ward 7 Councllmember In December. Councllmember Salvaggio requested staff investigate issuance of traffic tickets to vehicles parked on Motor Center Drive at the Auto Mall. 4·0 i$ ACTION TAKEN ·40;4 15. Bakersfield, California September 22,2004 - Page 14 COUNCIL AND MAYOR STATEMENTS continued Councilmember Salvaggio requested staff abate graffiti on masonry wall in the vacant lot at the NE corner of Akers and Panama; additionally on the north side of Panama Lane to the east of Akers at the same intersection. Councilmember Salvaggio requested Streets repair potholes near the gutter on the east side of Hughes Lane, across from Wa/-Mart near the Police Satellite Station. Council member Salvaggio provided an update on the League of California Cities Annual Conference. Councilmember Salvaggio acknowledged Alan Tandy's twelve years of service to the City. Vice-Mayor Couch requested staff consider changes needed for Landscape Maintenance Districts in order to improve maintenance quality. Vice-Mayor Couch requested staff extend the investigation of motorized vehicles on the blkepath all the way to Enos Lane. Vice-Mayor Couch requested staff repair a pothole on New Stine at the corner of Surrey Lane. Vice-Mayor Couch requested staff consider and advise him regarding approaching County and City of Shafter staff with a proposal soliciting support for making 7'h Standard Road an expressway. Vice-Mayor Couch requested a meeting with Public Works DwecrorR~asÆgardmgùafflconBrimha"behveenCo"eeand Calloway. Mayor Hall announced the Annual Mayor's Litter Clean-up of Hwy. 99 on and off-ramps will begin November 6th and encouraged parties interested in volunteering to call the Mayor's office. Mayor Hall made comments regarding signal priority improvements. - ACTION TAKEN Bakersfield, California September 22,2004 - Page 15 14. ADJOURNMENT Mayor Hall adjourned the meeting at 8:01 p.m. ATTEST: CITY CLERK and Ex Officio Clerk City of Bakersfield, California ACTION TAKEN 40:5 · \:. ,4;0'6 ,"'"::I r".1I ***PAGE INTENTIONALLY LEFT BLANK***