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HomeMy WebLinkAbout10/22/1997 MINUTES CC BAKERSFIELD CITY COUNCIL MINUTES MEETING OF OCTOBER 22, 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 Carson (seated at 5:23), DeMond, Smith, McDermott, Sullivan (seated at 5:25), Salvaggio Councilmember Rowles ACTION TAKEN 2. WORKSHOP a. Privatization of Convention Center/Arena. City Manager Tandy provided an update and computer overhead presentation and distributed written material. Mr. Tandy introduced Ogden Entertainment representatives: Frank Russo, Vice President of Business Development; John Lankin, Sales Manager, Food & Beverage Services; and Bred Main, Western Regional Vice President. b. Panorama Burn Dump Mitigation Project. Public Works Director Rojas introduced Dave Norman, Kleinfelder, Inc. who provided an update and overhead presentation. Motion by McDermott to recess to Closed Session at 6:05 p.m. APPROVED AB ROWLES CLOSED SESSION Conference with Legal Counsel §54956.9a - Existing Litigation Southwest Community Action Committee, et al. vs. City of Bakersfield, et al. Kern Superior Court Case No. 233654-NFT. CITY ATTORNEY RECEIVED INS TRUCTION Motion by DeMond to adjourn from Closed Session APPROVED at 6:20 p.m. AB ROWLES Bakersfield, California, October 22, 1997 - Page 2 REGULAR MEETING INVOCATION by Dave Freeze, Director, First Assembly of God Church 2. PLEDGE OF ALLEGIANCE by Frank Garcia, West High School 3. ROLL CALL Present: Absent: Mayor Price, Councilmembers Rowles, Carson, DeMond, Smith, McDermott, Sullivan, Salvaggio None ACTIONTAKEN CLOSED SESSION ACTION Mayor Price announced Closed Session Action as reflected on Page 1. PRESENTATIONS City Manager Tandy introduced Darnell Haynes, Assistant to the City Manager, who has been promoted from Public Works Department. Mayor Price presented a proclamation to Roselyn Strode proclaiming October 26 - November 2, 1997 as Pornography Awareness Week. PUBLIC STATEMENTS a. Curtis Dalton spoke regarding the City-owned parking lot on 19~h Street. DeMond requested staff meet with Mr. Dalton regarding his concerns. (Public Statements continued on Page 5) APPOINTMENTS Motion by Rowles to add an appointment that arose after the agenda was posted. APPROVED a. One appointment to the Kern County Museum Authority. Motion by Rowles to appointment DeMond as a member to the Kern County Museum Authority. APPROVED Bakersfield, California, October 22, 1997 - Page 3 ~- ,~ ,~., CONSENT CALENDAR Minutes: a. October 8, 1997 Council Meeting. Payments: Payments from September 27 to October 10, 1997 in the amount of $3,607,142.46; and Self Insurance payments from September 27 to October 10, 1997 in the amount of $147,426.76. Resolutions: Resolution of Application proposing proceedings for annexation of property identified as Annexation No. 397, Brimhall No. 4, at the northeast corner of Brimhall Road and Calloway Drive. Ward 4 Resolution determining that the sale of certain City- owned refuse carts currently used on automated refuse and greenwaste collection routes cannot be reasonably sold through usual bidding procedures and authorizing the Finance Director to dispense with bidding to allow City to sell the carts to the hauling contractor for a negotiated amount of $25,165.62. Resolution adopting the City of Bakersfield Disadvantaged Business Enterprise (DBE) Program for use on federally funded highway improvement projects in the City for FY 1997-98. Resolution authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act Funds for FY 1997-98. Resolution adopting the Street Cut Workmanship and Performance Warranty Fee. Resolution appropriating $140,000 Asset Forfeiture monies to the Public Works Operating Budget in the Equipment Management Fund for purchase of 7 used replacement vehicles. Amendment No. 1 to Resolution No. 62-96 approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to State of California Government Code Section 34090 et seq. (Police Department) ACTION TAKEN RES 157-97 RES 158-97 RES 159-97 RES 160-97 RES 161-97 REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, October 22, 1997- Page 4 CONSENT CALENDAR continued Agreements: j. Improvement Agreements: Final Map and Improvement Agreements with Castle & Cooke California Inc. for Tract 5845, Phase A, at the northeast corner of Panama Lane and Reliance Drive. Ward 6 View Wall Improvement Agreement with Castle & Cooke California, Inc., Tract 5489, for completion of a wall along Brimhall Road, east of Old Farm Road. Ward 4 Amendment No. 2 to Agreement No. 97-76 with PCL Construction, $1,100,000, for scoreboards, message centers, marquee and advertising panels for the Convention Center Expansion Project (Arena). Ward 2 Bids: Award contract to Granite Construction Company, $40,585, for resurfacing Siemon Park tennis courts. Ward 3 Reject all bids for annual contract to furnish and install fencing on City property. Miscellaneous: Appropriate $26,750 in contributions from Hall Ambulance Service, Inc. and Golden Empire Ambulance Company for their share of the Traffic Preemption Project within the Gas Tax Fund. (Opticom) Resolution to the California Transportation Commission (CTC) designating City of Bakersfield as lead agency in the construction of an Amtrak Station on the Burlington Northern Santa Fe Tracks; and making the required assurances to the California Transportation Commission related to the project. Motion by Rowles to adopt Consent Calendar Items a. through o. with the exception of Items. h. and L; Rowles announced abstention on Item k. due to employer participation in selection process. ACTION TAKEN AGR 97-292 AGR 92-293 AGR 97-294 ROWLES ABSTAINED DUE TO CONFLICT AGR 97-76(2) CON 97-295 RES 162.97 APPROVED Bakersfield, California, October 22, 1997 - Page 5 r., ~ , CONSENT CALENDAR continued Resolution appropriating $140,000 Asset Forfeiture monies to the Public Works'Operating Budget in the Equipment Management Fund for purchase of 7 used replacement vehicles. Motion by Carson to adopt Consent Calendar h. ACTION TAKEN RES 163-97 APPROVED Amendment No. 1 to Resolution No. 62-96 approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to State of California Government Code Section 34090 et seq. (Police Department) RES 62-96(f) PUBLIC STATEMENTS continued b. Brad Pugh spoke regarding Bakersfield Police Department complaint file destruction and submitted written material. CONSENT CALENDAR continued i. Motion by Carson to adopt Consent Calendar L APPROVED HEARINGS Appeal by Martin-Mcintosh, representing Sterling Oaks, of Planning Commission decision approving Vesting Tentative Tract 5881, phased, on the southeast corner of Stockdale Highway and South Allen Road consisting of 209 lots on 84.5 acres, zoned One Family Dwelling, and 1 lot on 3.38 acres, zoned Open Space. Ward 4 Development Services Director Hardisty provided background information. Hearing opened at 7:25 p.m. The following individuals spoke in opposition to staff recommendation: Craig Carver, representing White and H Partners, and provided written material; and Roger Mcintosh, Martin- Mcintosh Engineering, representing Sterling Oaks. Hearing closed at 7:40 p.m. McDermott recognized Roger Mcintosh, Martin-Mcintosh Engineering, to speak. Bakersfield, California, October 22, 1997 - Page 6 HEARINGS continued McDermott recognized Rich O'Neil, Kern River Foundation, to speak. Salvaggio recognized Rich O'Neil and Craig Carver to speak. Rowles requested staff include the CEQA requirements regarding the bike path/bike lane issue in the December General Plan Amendment review. ACTION TAKEN Rowles requested City Attorney bring back a legal analysis, Planning analysis and a Public Works analysis in 2 weeks regarding the ramifications of the modifications regarding the bike path. Motion by McDermott to direct staff to redraft the resolution with modifications and bring back to Council for approval: · Condition 4 - add language to clarify building and construction options for road improvements on Stockdale Highway; · Deny the appeal on Condition 5 regarding the asphalt; · Condition 9 - reduce the bike lane by 3-feet on one side of the 12-foot bike trail along Stockdale Highway; · Condition 20 - install fencing to separate the open space and residential lots and a 5-foot landscape buffer, approved through a landscaping plan at the Planning Commission level. APPROVED NS DEMOND SALVAGGIO Resolution ordering the vacation of 14th Street from N Street to P Street; O Street from south of 14t~ Street from N Street to P Street; O Street from south of 14~h Street to the Burlington Northern Santa Fe Railway; and the alleys in Blocks 348, 349 and 370. Ward 2 Hearing opened at 8:36 p.m. No one spoke at hearing. Hearing closed at 8:36 p.m. Motion by DeMond to adopt resolution. RES ~64-97 APPROVED Bakersfield, California, October 22, 1997 - Page 7 10. 11. HEARINGS continued Mayor Pdce announced a recess at 8:30 p.m. and reconvened the meeting at 8:35p.m. Ordinance amending Section 15.82.070 of the Bakersfield Municipal Code relating to fees for park development and improvement in the North Bakersfield Recreation and Park District (NOR). Ward 4 Correspondence was received from Barbara Martin, Building Industry Association, dated October 22, 1997, in opposition to the park development fees. Hearing opened at 8:38 p.m. Teri Bjorn, Clifford & Brown, representing North Bakersfield Recreation and Park District, spoke in support of staff recommendation. Hearing closed at 8:40 p.m. REPORTS DEFERRED BUSINESS Clean-up legislation concerning inconsistencies with the actual practices of the City: (First reading 10/8/97) 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 16.32.050 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. Ordinance amending Chapter 5.14 of the Bakersfield Municipal Code relating to cabaret permits. (First reading 10/8/97) Ordinance amending Chapter 12.16 of the Bakersfield Municipal Code regarding construction work in streets. (First reading 10/8/97) ACTION TAKEN FR ORD 3796 ORD 3797 ORD 3798 ORD 3799 ORD 3800 ORD 3801 Bakersfield, California, October 22, 1997 - Page 8 11. DEFERRED BUSINESS continued 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 Mt. Vernon Avenue and East Belle Terrace from Agriculture to Light Manufacturing. (ZC P97-0359) (First reading 10/8/97) Ward 1 Resolution confirming the report of the Chief Code Enforcement Officer regarding assessments of properties for the abatement of weeds, debris and waste matter. Ward 3 f. 1998 Health Care Contracts: Amendment No. 6 to Agreement No. 93-267 with Blue Cross (BC Life and Health Insurance Company) for indemnity health and dental services. Amendment No, 5 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 Cai/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. I to Agreement No. 96-149 with PacificCare, Inc. for MediCare Risk medical services. Motion by Rowles to adopt Deferred Business Items a. through f. ORD 3802 RES 165-97 AGR 93-267(6) AGR 93-266(5) AGR 91-280(6) AGR 9f.281(6) AGR 92-278(5) AGR 93-268(3) AGR 96.~4a(~) AGR 96-149(1) APPROVED Bakersfield, California, October 22, 1997 - Page 9 12. NEW BUSINESS a. Clean-up Legislation: Ordinance amending Chapter 5.35 of the Bakersfield Municipal Code relating to motion pictures. Ordinance amending Chapter 5.38 of the Bakersfield Municipal Code relating to outdoor festivals, circuses, carnivals and tent shows; and repealing Chapter 5.36 of the Bakersfield Municipal Code relating to circuses, carnivals and tent shows. Ordinance amending Chapter 5.51 of the Bakersfield Municipal Code relating to temporary promotional activities. Ordinance amending Chapter 5.56 of the Bakersfield Municipal Code relating to transient outdoor businesses. Ordinance amending Chapter 10.69 of the Bakersfield Municipal Code relating to special events. ACTION TAKEN FR FR FR FR FR 13. COUNCIL STATEMENTS McDermott provided a Centennial Foundation Celebration events update: Taste of Centennial - Cookbook and Centennial Portrait sale, Russo's Book Store - October 30, 1997; Historic Home Tour - December 1997; Centennial Parade and Gala - January 10, 1998; Brick Sales - increase in price after January 11, 1998 Carson requested staff contact Mr. Jennings regarding a citizen illegally redirecting traffic at the alleyway behind 202 S. Milham Drive. Carson requested staff provide an update on a traffic stop/signal at 8~ and T Street. Carson referred the issue of trash blocking the alley in the 900 block of Collins Way to staff. Salvaggio commented on his pleasure in attending the League of California Cities Conference in San Francisco. Bakersfield, California, October 22, 1997- Page 10 13. COUNCIL STATEMENTS continued Salvaggio advised of a dilemma regarding League of California Cities proposed resolutions; and requested staff, in the future, consider providing information to all City departments on the proposed resolutions for their input. ACTION TAKEN Salvaggio thanked Public Works for their quick referral responses; and requested Public Works provide a clarification on the memo on traffic concerns on Fairview Road; and a 3-way stop at Fairview Road and Camp. Salvaggio requested Police Department provide radar checks on Benton Street and Holden Way; and staff consider the feasibility of a 4-way stop at that intersection. Mayor Price requested Urban Development Committee investigate the issue of Sea Train trucks exceeding the allowable parking time limit in Wal-Mart Store parking lots during the holiday season and contact Mr. Cummings at Wal-Mart regarding this problem. DeMond requested City Attorney Skousen provide a response on railroad crossings within 2 weeks. Sullivan requested staff call her tomorrow in response to a previous referral on the widening/improvements of Ashe Road, south of District, between District and Harris. Rowles thanked Recreation and Parks Director Ford for the Tree Foundation work. Rowles thanked Public Works Director Rojas and staff for addressing the traffic problem on Village Lane at Stockdale Fashion Plaza. Rowles thanked Economic Development Director Wager and Community Development Coordinator Gonzales for working on the First Time Home Buyer issue. Bakersfield, California, October 22, 1997 - Page 11 '~'~' ~ 14. ADJOURNMENT Motion by Rowles at 9:00 p.m. ATTEST: CITY CLERK and Ex Officio Cl~k of the Council of the City of Bakersfield, CA ' ACTION TAKEN APPROVED OCT22.97 November 6, 1997 (4:01PM)