HomeMy WebLinkAbout10/11/06 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES J"
MEETING OF OCTOBER 11, 2006
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan (seated at 5:21 p.m.),
Scrivner
Absent:
None.
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Motion by Vice-Mayor Maggard to add items 12. v.,
Emergency Asbestos Abatement in City Hall and 12. w.,
Emergency Sewer Repairs on Allen Rd. Between
Stockdale Hwy. and Brimhall Rd., to the agenda, items
that arose after the agenda was posted, and which
require immediate action.
APPROVED
2. WORKSHOPS
None.
3. PUBLIC STATEMENTS
None.
4. CLOSED SESSION
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a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. (One issue)
b. Conference with Legal Counsel- Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding John
M. Tarabino, et al v. City.
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at 5:20 p.m.
APPROVED
Motion by Councilmember Benham to adjourn from
Closed Session at 6:08 p.m.
APPROVED
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Bakersfield, California, October 11, 2006 - Page 2
ACTION TAKEN
RECONVENED MEETING - 6:30 p.m.
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5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
6. INVOCATION by Pastor Nolberto Gomez, Victory Outreach.
7. PLEDGE OF ALLEGIANCE by Elijah Reza, 3rd Grade
Student at Bessie Owens Primary School.
Mayor Hall recognized high school and
college students in attendance at the meeting,
particularly students from the Transitional
Independent Living Program at Taft College.
8. CLOSED SESSION ACTION
a.
NO REPORTABLE
ACTION
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (One issue)
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding John
M. Tarabino, et al v. City.
9. PRESENTATIONS
b.
NO REPORTABLE
ACTION
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a. Presentation by Mayor Hall of Proclamation to Dr.
Michael Clark, Director, Kern Regional
Center, proclaiming October 2006, as "Employment
for People with Disabilities Month".
Ken Markovitz accepted the Proclamation and made
comments.
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Bakersfield, California, October 11,2006 - Page 3
9.
PRESENTATIONS continued
b.
Presentation by Mayor Hall of Proclamation to
Penny Burciaga, Youth Outreach Director,
Bakersfield Rescue Mission, proclaiming October
15-21, 2006, as "Character Counts
Week".
Penny Burciaga accepted the Proclamation and
made comments. Children from the After School
Club at Jefferson Elementary School were present.
10. PUBLIC STATEMENTS
a. Nick Douglas spoke regarding employment of
people with disabilities.
b. David Price, Chairman, Board of Directors of
the Kern County Employees Credit Union, made a
presentation to the Police Department.
Assistant Police Chief Bryan Lynn made comments
and accepted the presentation on behalf of the
Police Department.
c.
Fire Chief Fraze made a presentation to Brent
Burton honoring his nineteen and a half years
service in the Bakersfield Fire Department Reserve
Program.
Brent Burton accepted the presentation and made
comments.
11. APPOINTMENTS
None.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 27,2006,
Regular City Council Meeting.
Payments:
b.
Approval of department payments from September
16, 2006 to September 28, 2006 in the amount of
$9,497,607.66 and self-insurance payments from
September 16, 2006 to September 28, 2006 in the
amount of $242,476.94.
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ACTION TAKEN
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Bakersfield, California, October 11, 2006 - Page 4
12. CONSENT CALENDAR continued ACTION TAKEN
Ordinances: j
First Reading of Ordinance amending Subsection B FR
c.
of Section 13.12.030 of the Municipal Code relating
to Standard Design Manuals.
FR
d. First Reading of Ordinance repealing Section
15.64.380 of the Municipal Code relating to
Fire Department members assuming duties of
peace officers.
e. First Reading of Ordinance amending Title 17 (Zone FR
Map No. 123-11) of the Municipal Code by changing
the zoning from R-3 (Limited Multi-Family Dwellings-
1,250 sq ft/dwelling unit) to C-O (Professional and
Administrative Office) on 11,974 sq ft (0.27 acres)
located at the northwest corner of Akers Road and
Ardmore Avenue. (ZC 06-0620) (Applicant:
Mcintosh & Associates/Property Owner: ETMM
Partnership)
f. First Reading of Ordinance approving a Negative FR
Declaration and amending Title 17 (Zone Map No.
102-06) of the Municipal Code by changing the j
zoning from E-5A (Estate-5 acre minimum lot size)
to C-2 (Regional Commercial) on 18.79 acres
located at the northwest corner of Snow Road and
Calloway Drive (ZC 06-0380) (Applicant: Marino
and Associates/Property Owner: Julia Randolph, et
al)
g. Adoption of Ordinance approving a Negative ORD 4385
Declaration and amending Title 17 (Zone Map No.
123-23) of the Municipal Code by changing the
zoning from PCD (Planned Commercial
Development) to Revised PCD on 1.8 acres located
on the south side of Pacheco Road, approximately
100 feet west of Wible Road. (ZC 06-0368)
(Applicant: Olsen Design Studio/Property Owner:
Catalina Barber Group)
h. Adoption of Ordinance approving a Negative ORD 4386
Declaration and amending Title 17 (Zone
Map No. 102-32) of the Municipal Code by changing
the zoning from C-2 (Regional Commercial) to C-O
(Professional and Administration Office) on 0.58
acres located on the south side of Brimhall Road, 141
mile west of Coffee Road. (ZC 06-0737) (Applicant: j
Porter- Robertson Engineering & Surveying/Property
Owner: JP/CP Development)
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12.
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Bakersfield, California, October 11,2006 - Page 5
CONSENT CALENDAR continued
ACTION TAKEN
Resolutions:
i. Resolution setting the dates of Regular City Council
Meetings, Budget Hearings, and Department Budget
Presentation for January through December 2007.
REMOVED FOR
SEPARA TE
CONSIDERA TION
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RES 264-06
Resolution adding territory, Area 3-57 (Berkshire,
Wible SE) 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.
Resolution adding territory, Area 4-63 (Texas,
Easter 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.
Amendment NO.3 to Resolution No. 078-06 setting
salaries and related benefits for officers and
employees of the General Supervisory, Police
Supervisory and Management Units, and adopting
salary schedule and related benefits for Parks
Superintendent.
Amendment NO.6 to Resolution No. 049-06 setting
salaries and related benefits for employees of the
Blue and White Collar Units, and adopting salary
schedule and related benefits for Construction
Inspector II.
k.
RES 265-06
I.
RES 078-06(3)
RES 049-06(6)
m.
Agreements:
n.
Agreement with Castle & Cooke California, Inc.
($65,000) for reimbursement of all costs associated
with construction of Tevis Planned Drainage Area
facilities not associated with Tract 5940
development requirements.
Agreement with Castle & Cooke California, Inc.
($110,000) for reimbursement of costs to construct
an additional sewer main across Stockdale
Highway.
AGR 06-305
AGR 06-304
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Bakersfield, California, October 11, 2006 - Page 6
12. CONSENT CALENDAR continued ACTION TAKEN
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p. Road Improvements along Jewetta Avenue and J
Stockdale Highway:
1. Agreement with Castle & Cooke California, AGR 06-306
Inc. (not to exceed $620,000) for
reimbursement of costs for road
improvements.
2. Transfer $249,200 from Capital Improvement
Project (Street Improvement - Panama
Lane Widening) to this project within the
Transportation Development Fund.
q. 2007 Healthcare Contracts
1. Amendment No. 1 to Agreement No. 05-414 AGR 05-414(1)
with Blue Cross of California for
indemnity health and dental services.
2. Amendment No. 1 to Agreement No. 05-415 AGR 05-415(1)
with Blue Cross/California Care Health
Plans for medical services for employees
and retirees.
3. Amendment No. 1 to Agreement No. 05-416 AGR 05-416(1)
with Blue Cross of California for Medicare j
Risk Plan Senior Secure.
4. Amendment No. 1 to Agreement No. 05-417 AGR 05-417(1)
with Kaiser Permanente - Managed
Care Health Plans for medical services for
employees.
5. Amendment No. 1 to Agreement No. 05-418 AGR 05-418(1)
with Kaiser Permanente - Managed Care
Health Plans for medical service for retirees
(including Medicare Risk Plan.
6. Amendment No. 1 to Agreement No. 05-419 AGR 05-419(1)
with Medical Eye Services (M ES) for vision
services.
7. Amendment No. 1 to Agreement No. 05-420 AGR 05-420(1)
with Pacific Union Dental for pre-paid dental
services.
8. Amendment NO.1 to Agreement No. 05-421 AGR 05-421(1)
with Dedicated Dental Systems, Inc. for
pre-paid dental services.
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Bakersfield, California, October 11 , 2006 - Page 7
12.
CONSENT CALENDAR continued
Item 12.q. continued
ACTION TAKEN
9. Amendment NO.1 to Agreement No. 05-422
with PacifiCare Behavioral Health of
California for Employee Assistance Program
(EAP).
AGR 05-422(1)
10.
Amendment No. 1 to Agreement No. 05-423
with PacifiCare Behavioral Health of
California for emotional health care services.
AGR 05-423
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Amendment NO.3 to Agreement No. 04-097/RA04-
005 authorizing the Bakersfield Redevelopment
Agency to use Community Development Block
Grant funds for the Old Town Kern-Mixed Use
Project.
Contract Change Order NO.1 to Agreement No. 06-
184 with Bakersfield Well & Pump Company
($63,810 revised not to exceed $812,945) for
upgrades to well discharge piping at CBK-45
located at 1500 Jenkins Road, north of Brimhall
Road, and, L-212 located at 5108 Trinidad Lake
Way, in the vicinity of Noriega
AGR 04-097(3)/RA04-
005
s.
AGR 06-184 CC01
Bids:
t. Accept base bid & additive alternate and award
contract to Granite Construction Company
($417,240) for additional asphalt paving at S. Mt.
Vernon Recycling Center project.
Miscellaneous:
u. Appropriate $2,935 Federal Grant Revenues
(L.L.E.B.G.) to the Police Department
Operating Budget within the General Fund toward
the cost of surveillance equipment.
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Bakersfield, California, October 11, 2006 - Page 8
12. CONSENT CALENDAR continued ACTION TAKEN
v. Emergency Asbestos Abatements at City Hall: j
RES 266-06
1. Resolution dispensing with bidding
procedures due to emergency asbestos
abatement in the ventilation system at City
Hall (initial estimate - not to exceed
$175,000) due to imminent threat to public
health, safety and welfare.
2. Appropriate and transfer $175,000 General
Fund Balance to the General Services
Capital Improvement Budget within the
Capital Outlay Fund.
3. Agreement with McKenny's Air Conditioning, AGR 06-308
Inc. (not to exceed $70,000) to fabricate and
install HVAC duct work.
4. Agreement with A.S.I., Inc. (not to exceed AGR 06-309
$50,000) to abate the asbestos
contamination.
w. Emergency sewer reqairs on Allen Road between
Stockdale Highway and Brimhall Road: ~
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1. Resolution dispensing with bidding RES 267-06
procedures for the repair of the sewer main
on Allen Road between Stockdale Highway
and Brimhall Road (initial estimate-not to
exceed $550,000) due to imminent threat to
public health, safety and welfare.
2. Appropriate $550,000 Sewer Enterprise
Fund Balance to the Capital Improvement
Budget within the Wastewater Treatment
Plant NO.3 Fund.
Motion by Vice-Mayor Maggard to approve Consent APPROVED
Calendar items 12.a. through 12.u., with the addition of
items 12.v. and 12.w., and the removal of item 12.i for
separate consideration.
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Bakersfield, California, October 11 , 2006 - Page 9
12.
CONSENT CALENDAR continued
ACTION TAKEN
i.
RES 263-06
Resolution setting the dates of Regular City Council
Meetings, Budget Hearings, and Department Budget
Presentation for January through December 2007.
City Clerk McCarthy announced there is a correction
to the Joint City/County Meeting date scheduled in
March and the calendar should reflect the date for
the meeting is March 19th.
Motion by Councilmember Hanson to amend the 2007
Council Meeting Calendar to schedule one meeting in
January, on the seventeenth, and move the first
meeting in February to the seventh.
13. CONSENT CALENDAR HEARINGS
APPROVED
None.
14. HEARINGS
a.
Public Hearing to consider Resolution authorizing
Disposition and Development Agreement with the
Bakersfield Redevelopment Agency for conveyance
of real property located at 106 E. White Lane in
accordance with Health and Safety Code Section
33445 for construction of Fire Station NO.5 and
Police Sub-station.
RES 268-06
AGR 06-310
Development Services Director Kunz made staff
comments.
Hearing opened at 7:07 p.m.
No one spoke.
Hearing closed at 7:07 p.m.
Motion by Councilmember Carson to approve the
Resolution and the Disposition and Development
Agreement.
APPROVED
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Bakersfield, California, October 11, 2006 - Page 10
ACTION TAKEN
13. HEARINGS continued
b.
Public Hearing to consider Resolution denying the
appeal by West Coast Land Service and upholding
the Planning Commission's decision approving
Porter-Robertson Engineering & Surveying, Inc.,
representing EI Toro Viejo, LLC (property & mineral
rights owner) application for Vesting Tentative Tract
Map 6853 on 51.31 acres located at the northeast
corner of Langley Road and Calloway Drive.
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WITHDRA WN
City Clerk McCarthy announced correspondence
was received at 4:45 p.m. from the appellant
withdrawing the appeal. However, due to noticing
requirements the hearing will be opened.
Hearing opened at 7:09 p.m.
James Lundy, applicant for EI Toro Viejo, requested
the appeal be withdrawn.
Hearing closed at 7:10 p.m.
c.
Public Hearing to consider appeal by James B.
Wiens, Clifford and Brown, representing Mr.
and Mrs. Glen H. Stoller, Craig W. Stoller and
Ronald R. Lehr of the Planning Commission's
decision approving request by Marino and
Associates, representing Patricia Crawford, et al
(property owners) for Zone Change No. 06-0581 to
pre-zone 20 acres from A (Agriculture) to R-S
(Residential Suburban) located on the south side of
Pioneer Drive (extended), approximately 660 feet
east of Vineland Drive.
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CONTINUED TO
11/15/06
1. First Reading of Ordinance denying the
appeal and adopting a negative declaration
and amending Title 17 of the Municipal Code
and Zone Map No. 104-32 by changing
the zoning from A (Agriculture) to R-S
(Suburban Residential) on 20 acres
generally located on the south side of
Pioneer Drive (extended) approximately 660
feet east of Vineland Drive.
City Clerk McCarthy announced correspondence
was received from James B. Wiens, Clifford &
Brown, on behalf of the appellants, requesting this
item be continued to the November 15, 2006 City
Council Meeting. However, due to noticing
requirements the hearing will be opened.
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12.
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Bakersfield, California, October 11, 2006 - Page 11
HEARINGS continued
Item 13.c. continued
ACTION TAKEN
Hearing opened at 7:11 p.m.
No one spoke.
Motion by Vice-Mayor Maggard to continue the hearing
to the November 1Sh Council Meeting.
APPROVED
Recess taken from 7:13 p.m. to 7:23 p.m.
d.
Public Hearing to consider giving First Reading to
Ordinance approving a Negative Declaration and
amending Chapter 17.66 of the Municipal Code
relating to HD, Hillside Development Combining
Zone.
City Clerk McCarthy announced correspondence
was received from staff with additional backup for
this item. Additionally correspondence was received
from Michael A. Kaia, Young Wooldridge, on behalf
of OKS Investments, John and Joseph Tarabino,
The Canyons and General Holdings, regarding this
item. Citizen correspondence was received with
twenty-one items supporting the Ordinance and one
item in opposition to the Ordinance.
Development Services Director Grady, Planning
Director Movius, Building Director Burns, and Fire
Chief Fraze made staff comments and gave
computer presentations and provided written
material.
Motion by Vice-Mayor Maggard to extend the time
periods for receiving testimony to thirty minutes per
side and to extend the rebuttal periods to ten minutes
per side.
APPROVED
Hearing opened at 7:59 p.m.
Debbie Moreno, Greater Bakersfield Chamber of
Commerce, Dave Cross, Scott Howry, on behalf of
OKS Investments, gave a computer presentation,
Dean Alexander, Clay Maynard, Gordon Downs and
Mike Turnipseed, on behalf of the Kern County
Taxpayers Association, spoke in opposition to the
amending the Ordinance.
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Bakersfield, California, October 11, 2006 - Page 12
HEARINGS continued
Item 13.d. continued
ACTION TAKEN
Chad Louie, Steve Montgomery on behalf of the
Sierra Club, Craig Smith and Michelle Beck,
Bakersfield Bluffs and Open Space Committee, Will
Wynn, Jennifer Clifford on behalf of Adavco, Danny
Brown, President of the Firefighters Legislative
Action Group, Chuck White, President of Kern
Valley Revitalization, Dan Brown, Greg Iger and
Rich O'Neil spoke in favor of the staff
recommendation.
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Dave Cross, Scott Howery, Dean Alexander and
Clay Maynard spoke in opposition rebuttal to the
staff recommendation.
Greg Iger, Robert Wallace, Steve Montgomery,
Craig Smith and Rich O'Neil spoke in rebuttal
support to the staff recommendation.
Hearing closed at 9: 15 p.m.
For the record, Vice-Mayor Maggard requested City
Attorney Gennaro state an opinion regarding the
legality of adopting legislation protecting views and
esthetic properties. City Attorney Gennaro affirmed
judicial findings support protection of views and
esthetics, in addition to public health, safety and
welfare.
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Motion by Vice-Mayor Maggard to approve the
Ordinance for first reading as presented with the
provision to exclude from Exhibit B1 the Visual
Resource Designations for the area south of what is
commonly known as Sand Canyon, to the south
boundary of the DKS property on the west side of
Morning Drive and for the same area reduce the
coverage of the slope protection area to only apply to
the area approximately 300 to 350 feet west of the
central line of Morning Drive as designated by Mr.
Grady, and adopt the Negative Declaration.
NO ACTION TAKEN
Councilmember Couch requested staff investigate
waiver or reduction of developer fees for zone changes
specific to open space areas.
Recess taken from 10:35 p.m. to 10:47 p.m.
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15.
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Bakersfield, California, October 11, 2006 - Page 13
14.
HEARINGS continued
Item 13.d. continued
ACTION TAKEN
Substitute motion by Councilmember Hanson to
continue the first reading of the Ordinance and
adoption of the Negative Declaration to the
October 25, 2006 Council meeting.
APPROVED
Councilmember Benham stated for the record, "The
Planning and Development Committee requested
updates from staff on the progress of the Hillside
Ordinance modifications. When we were satisfied with
the concept, we directed staff to proceed with
informational meetings and then to proceed to
Planning Commission and then to the City Council.
This is confirmed in the minutes of the Planning and
Development Committee meeting of Tuesday, February
2dh, 2006. Once a matter is in Committee it is my
understanding, based on past practice of the Council
and Brown Act issues, that the same Committee
remains the appropriate place for issues to return.
However, our Committee arrived at a point where we
believed we had done everything we needed to do and
that once we received a Planning Commission vote, the
appropriate place for return was the City Council,
which is where it is, and we believe that no, there was
never any intention after Planning Commission for it to
come back to Council Committee. JJ
REPORTS
16. DEFERRED BUSINESS
None.
17. NEW BUSINESS
None.
18. MAYOR AND COUNCIL STATEMENTS
None.
Councilmember Couch requested the City Attorney
review a draft of the County Ordinance regarding a
Restaurant Letter Grade Program and present a similar
Ordinance for consideration by the Council.
Councilmember Couch requested an update regarding any
response from the City of Shatter regarding water issues.
Assistant City Manager Stinson responded.
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Bakersfield, California, October 11, 2006 - Page 14
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Councilmember Couch congratulated the new Executive
Vice-President of the Building Industry Association of Kern
County, Cassie Daniel.
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Councilmember Benham requested staff address code
enforcement issues on Spruce Street north of
Brundage.
Councilmember Benham requested the Police
Department respond to a problem on 2f1h Street and
provided contact information.
Councilmember Benham requested staff perform street
repairs in the vicinity of Mimi's Cafe and provided
information.
Councilmember Benham requested staff respond to a
curb and gutter issue and provided contact
information.
Councilmember Benham requested staff respond to a
citizen's legal inquiry and provided contact
information.
Councilmember Benham commended the Kern High
School District for Principal Partners Day.
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Councilmember Carson thanked Phil Burns, Code
Enforcement staff and the City Attorney for resolution of an
issue on T Street.
Councilmember Sullivan requested a time frame for
installation of the new sound system at the
Convention Center.
Councilmember Sullivan congratulated Councilmember
Scrivner on the birth of his son.
Councilmember Sullivan suggested staff telephone the
parties involved in the Hillside Ordinance issue in order
to reach a compromise.
Councilmember Hanson requested staff perform work
in the Las Palmas area.
Councilmember Scrivner thanked Amber Lawrence and the
City Manager's staff for responding to his referrals.
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Bakersfield, California, October 11, 2006 - Page 15
ACTION TAKEN
18.
COUNCIL AND MAYOR STATEMENTS continued
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Vice-Mayor Maggard requested staff respond to a
citizen's concern regarding the quality of cable
television and requested staff provide information on
possible alternatives.
19.
ADJOURNMENT
Mayor Hall adjourned the meeting at 11:20 p.m..
ATTEST:
tkht:. CITY CLERK and Ex icio Clerk of
the Council of the City of Bakersfield
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