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)