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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)