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HomeMy WebLinkAbout10/11/06 CC MINUTES 73 l 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. l 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 l 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 74 Bakersfield, California, October 11, 2006 - Page 2 ACTION TAKEN RECONVENED MEETING - 6:30 p.m. J 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 j 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. J l l l 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. 75 ACTION TAKEN .; 76 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) L L l 12. 77 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 j. 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 o. 7 r', -'", L,; Bakersfield, California, October 11, 2006 - Page 6 12. CONSENT CALENDAR continued ACTION TAKEN j 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. j l l l 79 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 r. 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. BO 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: ~ J 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. j l l l 81 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 82 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. j 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. J 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. j l l l 12. 83 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. 84 12. 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. J 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. J 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. j L l l 15. I 85 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. 86 18. 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. J 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. J 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. J 87 Bakersfield, California, October 11, 2006 - Page 15 ACTION TAKEN 18. COUNCIL AND MAYOR STATEMENTS continued l 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 l S:\CounciI\MINUTES\2006\October 11.doc l 88 *****THIS PAGE INTENTIONALLY LEFT BLANK***** j j j