HomeMy WebLinkAbout10/08/1997 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 8, 1997
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
PRE-MEETING
1. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Rowles
(seated at 5:40), Carson (seated at 5:35),
DeMond, Smith, McDermott, Sullivan (seated
at 5:30), Salvaggio (seated at 5:28)
None
2. WORKSHOP
Metropolitan Transportation Investment Strategy
(MTIS).
Development Services Director Hardisty provided a
computer overhead presentation on ways to respond
to the future transportation needs of the City of
Bakersfield.
Larry Weisman, Barton-Aschman Associates, Inc.,
spoke of future road maintenance projections.
Site Plan Review and California Environmental
Quality Act (CEQA).
City Manager Tandy provided introductory comments
on explained Site Plan Reviews and provided a
computer overhead.
Correspondence from Jeffrey Tkac, Chair, Planning
Commission, dated October 7, 1997, was distributed.
Development Services Director Hardisty provided an
overhead presentation and introduced City Attorney
Skousen who addressed the legal issues.
ACTION TAKEN
Motion by Rowles to recess to Closed Session at 6:33 APPROVED
p.m.
Bakersfield, California, October 8, 1997 - Page 2
CLOSED SESSION
Conference with Legal Counsel §54956.9c
Potential Litigation
Initiation of litigation. One potential case.
Conference with Legal Counsel §54956.9a - Existing
Litigation
Southwest Community Action Committee, et al. rs.
City of Bakersfield, et al
Kern Superior Court Case No. 233654NFT.
Motion by McDermott to adjourn from Closed Session at
6:40 p.m.
ACTION TAKEN
CITY ATTORNEY
AUTHORIZED TO FILE
SUIT
CITY ATTORNEY
RECEIVED
INSTRUCTION
APPROVED
REGULAR MEETING
1. INVOCATION by Bishop Robbie Hunt, The Chumh of Jesus
Christ of Latter-Day Saints
2. PLEDGE OF ALLEGIANCE by Mayor Price
3.
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Rowles,
Carson, DeMond, Smith, McDermott,
Sullivan, SaIvaggio
None
ACTION TAKEN
CLOSED SESSION ACTION
Mayor Price announced Closed Session Action as reflected
on this page.
PRESENTATIONS
Mayor Price presented a proclamation to Connie
Wattenbarger proclaiming October 26"~ to November
2"~, 1997, as Pornography Awareness Week.
Mayor Price presented a Certificate of Achievement
for Excellence in Financial Reporting to Finance
Director Gregory Klimko. Accounting Supervisor
Sandra Jimenez accepted for Mr. Klimko
DELETED
c. DeMond announced this is Cancer Awareness
Month.
Bakersfield, California, October 8, 1997 - Page 3 !:5- J. '~
PUBLIC STATEMENTS
Harvey Hall, Hall Ambulance, and John Penrose,
Golden Empire Ambulance, presented a check in the
amount of $26,750 to Fire Chief Kelly and Deputy
Fire Chief for Emergency Traffic Safety Programs
(Opticom)
The following individuals spoke regarding the site
plan:
Jill Kleiss, Southwest Community Action Committee,
and Bruce Freeman, Castle & Cooke.
(Public Statements continued on Page 9)
ACTION TAKEN
APPOINTMENTS
One appointment to the Historic Preservation
Commission, due to the resignation of Joan S.
Starkey, term expiring March 30, 1999.
Motion by Rowles to appoint Scott R. Fieber,
term expiring March 30, 1999.
APPROVED
Three appointments of alternate members to the
Board of Zoning Adjustment.
Motion by Carson to reappoint Robert Sherry,
Jack LaRochelie and Jack Leonard as alternate
members, terms expiring October l, 2000.
APPROVED
CONSENT CALENDAR
Minutes:
a. September 24, 1997 Council Meeting.
Payments:
b. Payments from September 13 to September 26,
1997 in the amount of $4,983,783.83; and Self
Insurance payments from September 13 to
September 26, 1997 in the amount of $130,427.67.
Bakersfield, California, October 8, 1997 - Page 4
CONSENT CALENDAR continued
Resolutions:
Resolution of Intention No. 1163 declaring the City's
intention to establish Maintenance District TS-2, NW
Promenade, preliminarily adopting, confirming and
approving Public Works Director's Report. Ward 4
Resolution of Application proposing proceedings for
annexation of property identified as Annexation No.
395, south of Olive Drive, north of Hageman Road,
between Fruitvale Avenue and Coffee Road; and
south of Rosedale Highway, north of Brimhall Road,
between Allen Road and Jewetta Avenue. Ward 4
Resolution of Application proposing proceedings for
annexation of property identified as Annexation No.
396, at the northwest corner of Allen Road and
Stockdale Highway. Ward 4
f. Records Management System:
Resolution determining that the Records
Management System for the Bakersfield Fire
Department cannot be reasonably obtained
through usual bidding procedures.
Agreement with H.T.E, Inc. to purchase
Records Management System software.
State Revolving Fund: (also refer to New Business
Item 11. b.)
Amendment No. 3 to Resolution No. 125-96
increasing the dollar amount authorized for a
State Revolving Fund loan to upgrade and
expand Wastewater Treatment Plant No. 2.
Ward 1
Resolution to specify and dedicate Net
Revenues of Sewer Enterprise Fund as
source for repayment of loan from State
Revolving Fund.
ACTION TAKEN
RES 151-97
RES 152-97
RES 153-97
AGR 97-283
RES 125-96(3)
RES 154-97
Bakersfield, California, October 8, 1997 - Page 5
CONSENT CALENDAR continued
Agreements:
h. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements with
Syroli IV for Tract 5873, Phase 1, at the
southeast corner of Panama Lane and
Monitor Street.
Ward 7
Final Map and Improvement Agreement with
Castle & Cooke California Inc. for Tract 5680,
Phase C, east of Calloway Drive, south of
Brimhall Road. Ward 4
Final Map and Improvement Agreements with
Castle & Cook California Inc., for Tract 5680,
Phase F, east of Calloway Drive, south of
Brimhall Road. Ward 4
i. Water Well Site Agreements, Ward 4:
Agreement with BHA Properties LLC to
purchase real property on Crandon Park
Drive and Rivera Greens Way for $46,000.
Agreement with Castle & Cooke California,
Inc. to purchase real property on Ridge Oak
Drive, Seven Oaks Tract, for $32,000.
Agreement with Castle & Cooke California for
reimbursement for improvements constructed by the
City of Bakersfield, along Buena Vista Road between
White Lane and Brimhall Road. Ward 4
Amendment No. 1 to Transportation Impact Fee
Agreement No. 97-136 with Coleman Homes, Inc. for
construction of a bridge over the Arvin-Edison Canal
at Panama Lane and Golden Gate Drive associated
with Tract 5699. Ward 6
Amendment No. 1 to Agreement No. 97-187 with
Rossetti Associates Architects for consulting
services pertaining to Furnishings, Fixtures &
Equipment (FF&E) for the new Bakersfield
Convention Center Arena. Ward 2
ACTION TAKEN
AGR9~284
AGR9~285
AGR 97-286
AGR9~287
AGR9~288
AGR 9~289
DEED4~3
AGR 9~290
DEED4784
AGR9~291
AGR 97-136(1)
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, October 8, 1997- Page 6
CONSENT CALENDAR continued
m. 1998 Health Care Contracts:
Amendment No. 5 to Agreement No. 93-267
with Blue Cross (BC Life and Health
Insurance Company) for indemnity health
and dental services.
Amendment No. 4 to Agreement No. 93-266
with Blue Cross/CaliforniaCare Health Plans
for medical services.
Amendment No. 6 to Agreement No. 91-280
with Dedicated Dental Systems, Inc. for
dental services.
Amendment No. 6 to Agreement No. 91-281
with Health Benefits Inc. for dental services.
Amendment No. 5 to Agreement No. 92-278
with Cal/Group Trust and Medical Eye
Services for vision services.
Amendment No. 3 to Agreement No. 93-268
with PacificCare Behavioral Health of
California for emotional health care services
(Comprehensive Managed Mental Health
Care Services Plan).
Amendment No. I to Agreement No. 96-148
with CaliforniaCare Health Plans for
MediCare Risk medical services.
Amendment No. 1 to Agreement No. 96-149
with PacificCare, Inc. for MediCare Risk
medical services.
Bids:
Accept bid from Bakersfield Truck Center,
$273,047.78, for 5 truck cab and chassis (4
replacement, 1 additional) for the Fire Department.
Accept bid from Jim Burke Ford, $114,324.53, for 6
sedans (5 replacement, 1 additional) for
Development Services (3) and Police (3).
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
DELETED
p. Accept bid from Jim Burke Ford, $33,918.56, for 2
replacement sedans for Development Services.
Bakersfield, California, October 8, 1997 - Page 7
CONSENT CALENDAR continued
Accept bid from Jim Burke Ford, $408,811.68 for 23
pickups (21 replacement, 2 additional).
Bid protest by Crom Tanks, Inc., Reno, Nevada,
regarding Wastewater Treatment Plant No. 2
Upgrade and Expansion. Ward 1 (Staff
recommends denial of bid protest and direct staff
to proceed with obtaining State authority to
award contract)
Miscellaneous:
City Positions on League of California Cities
Resolutions. (Legislative and Litigation
Committee recommends acceptance of
recommendations)
Communication was received regarding Item r. from
Mike Crem, Crem Tanks, Inc.; Steven C. Gross,
Porter-Simon, representing Crom Tanks; and Brian
Clow & David Scherschel, Boyle Engineering.
Motion by Rowles to adopt Consent Calendar
Items a. through s. with the exception of Items L,
m. and r.; and deletion of Item o.; Rowles
abstained on Item L due to employer
participation in the process.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
Amendment No. 1 to Agreement No. 97-187 with
Rossetti Associates Architects for consulting
services pertaining to Furnishings, Fixtures &
Equipment (FF&E) for the new Bakersfield
Convention Center Arena. Ward 2
Motion by McDermott to adopt Consent Calendar
Item I.
ROWLES ABSTAINING
DUE TO CONFLICT
AGR 97-t87(1)
APPROVED
ABS ROWLES
1998 Health Care Contracts:
Amendment No. 5 to Agreement No. 93-267
with Blue Cross (BC Life and Health
Insurance Company) for indemnity health
and dental services.
Bakersfield, California, October 8, 1997 - Page 8
Amendment No. 4 to Agreement No. 93-266
with Blue Cross/CaliforniaCare Health Plans
for medical services.
Amendment No. 6 to Agreement No. 91-280
with Dedicated Dental Systems, Inc. for
dental services.
Amendment No. 6 to Agreement No. 91-281
with Health Benefits Inc. for dental services.
Amendment No. 5 to Agreement No. 92-278
with Cal/Group Trust and Medical Eye
Services for vision services.
Amendment No. 3 to Agreement No. 93-268
with PacificCare Behavioral Health of
California for emotional health care services
(Comprehensive Managed Mental Health
Care Services Plan).
Amendment No. 1 to Agreement No. 96-148
with CaliforniaCare Health Plans for
MediCare Risk medical services.
Amendment No. 1 to Agreement No. 96-149
with PacificCare, Inc. for MediCare Risk
medical services.
PUBLIC STATEMENTS continued
c. Margaret Ursin spoke regarding Consent Calendar
Item m.
(Public Statements continued on Page 9)
CONSENT CALENDAR continued
m. Motion by DeMond to adopt Consent Calendar
Item m.
Herb Kaighan, Aon Consulting, responded to
questions regarding reimbursement payment
schedules for hospitals.
McDermott requested staff report back as soon
as possible regarding an option offering
employees a high deductible plan that could be
integrated with a medical savings account.
NAT
Bakersfield, California, October 8, 1997 - Page 9
CONSENT CALENDAR continued
McDermott requested additional language be
placed in the contract regarding Blue Cross
Foundation claim processing.
ACTION TAKEN
McDermott requested staff reevaluate the
Medical Eye Services to include contact lenses in
the annual lense program.
Amended motion by DeMond to continue Item m.
for 2 weeks and bring back to Council.
APPROVED
Bid protest by Crom Tanks, Inc., Reno, Nevada,
regarding Wastewater Treatment Plant No. 2
Upgrade and Expansion. Ward 1 (Staff
recommends denial of bid protest and direct staff
to proceed with obtaining State authority to
award contract)
PUBLIC STATEMENTS continued
The following individuals spoke regarding Appeal by
Crom Tanks, Inc.:
Sean Crom, Crom Tanks, Inc.; Frank Lucido, Crom
Tanks, Inc.; David Miles, Kiewit Pacific Co.; Ernie
Kartinen, Boyle Engineering; David J. Scherschel,
Boyle Engineering; and Brian Clow, Boyle
Engineering.
CONSENT CALENDAR continued
r. Motion by Carson to deny the bid protest by
Crom Tanks, Inc. and proceed with the bid.
APPROVED
HEARINGS
a. Abatement of Public Nuisance:
Resolution confirming the report of the Chief
Code Enforcement Officer regarding
assessments of properties for abatement of
certain weeds, debris, and waste matter.
Wards 1,2,3,4,5,6
RES15~97
Bakersfield, California, October 8, 1997 - Page 10
HEARINGS continued
Resolution confirming the report of the Chief
Code Enforcement Officer regarding
assessments of properties for which
structures have been secured against entry
to abate property maintenance nuisances.
Wards 1,2,7
Development Services Director Hardisty requested
the properties at 6011 Hill Dale Plaza and 4805
Barry Street be removed from the list of assessments
due to abatements being paid.
Hearing opened at 8:30 p.m.
Steve West, representing GADI, spoke in opposition.
Hearing closed at 8:31 p.m.
McDermott requested the City Attorney look into
recovering funds from Southern Pacific
Transportation Co. for property at the northwest
corner of Buena Vista and Pacheco Road.
ACTION TAKEN
RES15~97
Motion by Carson to adopt resolutions with an
amendment to remove properties at 6011 Hill
Dale Plaza, 4805 Barry Street due to payment of
assessments; and remove the property at 5805
Fairfax for review of the file.
APPROVED
Hearing to consider Senate Bill 11, Citizens Option
for Public Safety, regarding $494,981 supplementing
law enforcement funding (SLEF).
Hearing opened at 8:35 p.m.
No one spoke at hearing.
Hearing closed at 8:35 p.m.
Motion by Rowles to approve expenditures.
APPROVED
Bakersfield, California, October 8, 1997 - Page 11
10.
REPORTS
a. City Manager Oral Report No. 5-97 regarding Status
of Report on Arena Privatization.
City Manager Tandy provided a computer overhead
presentation and distributed written material.
ACTION TAKEN
11.
DEFERRED BUSINESS
a. Loud Parties Ordinances:
Ordinance adding Section 9.22.030 to
Chapter 9.22 of the Bakersfield Municipal
Code relating to noise. (First reading 9/24/97)
Ordinance amending Section 3.70.040 of the
Bakersfield Municipal Code to add second
responses to loud parties to the Fee and
Service Charge Revenue/Cost Comparison,
(First reading 9/10/97)
Ordinance repealing Section 14.12.385 of the
Bakersfield Municipal Code relating to dedicating a
source of revenue for State Revolving Fund Loans.
(First reading 9/24/97)
Motion by McDermott to adopt Deferred Business
Items a. and b.
ORD 3793
ORD 3794
ORD 3795
APPROVED
12.
NEW BUSINESS
Ordinance amending Chapter 5.14 of the Bakersfield
Municipal Code relating to cabarets permits.
Ordinance amending Chapter 12.16 of the
Bakersfield Municipal Code regarding construction
work in streets.
Public Works advised the words "may" that appear in
the ordinance of Item b. will be changed to "shall".
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 124-03 by
changing the zoning of 1.5 acres at the northeast
corner of Mr. Vernon Avenue and East Belle Terrace
from Agriculture to Light Manufacturing. (ZC P97-
0359) Ward 1
FR
FR
FR
FR
Bakersfield, California, October 8, 1997- Page 12
12.
NEW BUSINESS continued
Clean-up legislation concerning inconsistencies with
the actual practices of the City:
Ordinance amending Section 15.04.120 D.4.
of the Bakersfield Municipal Code relating to
the powers and duties of the Board of
Building Appeals and relocation appeals.
Ordinance amending Section 17.14.050 of
the Bakersfield Municipal Code relating to
side yard setbacks in R-2 zones.
Ordinance amending Section 16.32.060 B. of
the Bakersfield Municipal Code relating to
deferral of subdivision improvements.
Ordinance amending Section 3.20.125 of the
Bakersfield Municipal Code relating to sale of
surplus real property.
ACTION TAKEN
FR
FR
FR
FR
13.
COUNCILSTATEMENTS
Mayor Price commented on Governor Wilson visiting Kern
County to open up the 20,000 acre Kern Water Bank.
McDermott requested staff consider placement of the
speed limit signs on the vacant poles in Haggin Oaks as
high priority, including the 25 mph speed limits on the
curves.
McDermott provided a Centennial Foundation Celebration
events update:
Jazz & Java - Friday, October 10, 1997;
Bakersfield Business Conference - Saturday, October 11,
1997 - Introduction of the Centennial Gold Rose;
Cookbook sale;
History book sale - book signing;
Centennial Calendar schedule of events for 1998;
Construction of the Centennial Plaza about mid-November;
Centennial Parade - January 10, 1998, followed by the
Centennial Gala.
Salvaggio thanked the Public Works Department for
providing greater illumination to the 3 street lights at Houchin
Road; and thanked the Water Department for setting a
schedule to fix the sump on Fremont Street.
Bakersfield, California, October 8, 1997 - Page 13
13.
COUNCIL STATEMENTS continued
Salvaggio requested Public Works provide verification
that reinstallation of the pipe/barrier at Fremont Street.
ACTION TAKEN
Salvaggio announced the progress of his new
granddaughter.
Salvaggio requested Public Works check on traffic
concerns on Fairview Road, between So. H and Monitor;
and consider a S-way stop at Fairview Road and Camp.
Salvaggio requested Public Works look at the feasibility
of modifying Planz and So. H traffic signal light to
include a left-turn phase/lane, similar to the one at
Wilson and So. H. Street.
DeMond thanked Public Works for the hard-working
downtown construction crews.
DeMond requested staff find a way to persuade the
railroad companies to improve the crossings for public
safety.
DeMond spoke of curfews for youth and imposing fines;
and requested Police Chief Brummer to update Council.
Sullivan thanked staff for handling of the telephone calls
from Councilmembers.
Sullivan requested staff call her and provide general
information and time frame on the
widening/improvements of Ashe Road, south of District,
between District and Harris, and follow-up by
distributing a report regarding this.
Sullivan requested staff contact Darrel Ridenhour,
Derrel's Mini Storage, to check compliance with code
and suggest improvement to the appearance of his open
lot used for vehicle/trailer storage.
Rowles requested Public Works look into the probability
of stop signs at Moffett and Hilton Head.
Bakersfield, California, October 8, 1997- Page 14
14.
ADJOURNMENT
Motion by Rowles at 9:05 p.m.
MAY~:~ BOE~ PRICE of the City of Bakersfield, CA
ATTEST:
C ,Ty~"~l C LJ~E RC L E RK a~nd' Ex~/}~O/'-'fficio C~ Council
of the City of Bakersfield, CA
ACTION TAKEN
APPROVED
OCT8.97
October 29, 1997 (11:02AM)