HomeMy WebLinkAbout11/20/1996 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 20, 1996
CLOSED SESSION- 5:15 :P.M. - Council Chambers, City }{all
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
DeMond, Carson, Smith, McDermott
seated at'6:15), Rowles (seated
at 5:25), Sullivan, Salvaggio
(seated at 5:40)
None
Motion by DeMond to recess to Closed
Session at 5:20 p.m.
APPROVED
AB MCDERMOTT
ROWLES
SALVAGGIO
Conference with Legal Counsel - Existing
Litigation. Closed S.ess$on p~rsuant to
Government Code Section 54956.9(a)' ~n the
case of Diana Rich vs. Alfonso Villalpando,
city and Sally Johnson, Kern Superior Court
Case No. 229559-RA.
DELETED
Conference with Legal Counsel - Potential
Litigation. Significant exposure · to
litigation pursuant to Government Code
Section 54956.9(b). One potential case.
UPDATE
RECE .I~ED
Conference with Legal Counsel - Potential
Litigation. Initiation of' litigation
pursuant to Government Code Section
54956.9(O}. Three potential cases.
CITY ATTORNEY
RECEIVED
INSTRUCTIONS ON
TWO CASES
Conference with city's Labor Negotiator,
'Bill Avery, pursuant to Government Code
Section 54957.6. Employee organization:
Firefighters and Engineers Unit and Fire
Supervisory Unit.
DIRECTION GIVEN
TO LABOR
NEGOTIATOR
Conference with Real Property Negotiator
pursuant to Government Code Section 54956.8
concerning that portion of Fred Jones'
property that underlies Yokuts Park.
Negotiating parties: Don Anderson, Senior
Real Property Agent for the city of
Bakersfield and Fred Jones, property owner;
and M.W. Magnus. Under negotiation: All
terms.
CITY ATTORNEY
RECEIVED
INSTRUCTIONS
26i
Bakersfield, California, November 20, 1996 - Page 2
CLOSED SESSION continued
Conference with Real Property Negotiator
pursuant to Government Code Section 54956.8
concerning property located at the
northeast corner of California and Oak
Street, APN 004-$60~13, Negotiating
parties: Don Anderson, Senior Real Property
Agent for the City of Bakersfield; and
Chester Jost and John Antonino. Under
negotiation: All terms.
Motion by DeMond to adjourn Closed Session
at 6:46 p.m.
ACTION TAKEN
CITY ATTORNEY
AUTHORIZED TO
BEGIN PROCESS OF
EMINENT DOMAIN
APPROVED
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
INVOCATION by Paul Dennis, Director, First Assembly of God
Church
2. PLEDGE OF ALLEGIANCE by Daniel Schultz, Scout Troop 125
3. ROLL CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
DeMond, Carson, Smith, McDermott,
Rowles, Sullivan, Salvaggio
None
CLOSEDSESSIONACTION
Mayor announced Closed Session
reflected on Pages 1 and 2.
action as
PRESENTATIONS
Bryan Nichols, Crystal Ditmore and
Brandy Keyes, Roosevelt School
students, spoke regarding tobacco and
smoking.
Presentation by Mayor Price of a
proclamation and lapel pins to Bryan
Nichols, Crystal Ditmore and Brandy
Keyes proclaiming Thursday, November
21, 1996 as the American Cancer
Society's Great American Smokeout Day.
Bakersfield, California, November 20, 1996 - Page 3
6e
PUBLIC STATEMENTS
Wesley Crawford spoke regarding CDBG
Funds being used for the Downtown
Project and submitted written material
and photographs.
Mark Leyba and Mike Strahan spoke of
concerns regarding the condition of
Tevis Ranch public park and submitted
photographs.
City Manager Tandy stated that Community
Services Manager Andersen and Parks
Superintendent Fabbri will be available to
meed with the Tevis Ranch residents
regarding the problems.
McDermott requested staff provide graffiti
removal at Tevis Ranch park tomorrow
morning.
ACTION TAKEN
Mayor acknowledged Scout Troop 71 in
attendance this evening.
Carson referred the photographs submitted
by Mr. Crawford to staff and requested
information regarding a project area in the
southeast.
7. APPOINTMENTS
CONSENT CALENDAR
Payments from October 26 to November
8, 1996 in the amount of
$5,819,345.12; and Self Insurance
payments from October 26 to November
8, 1996 in the amount of $94,510.03.
Minutes of the November 6, 1996
Council Meeting.
Ordinance amending Section 15.66.080
B. of the Bakersfield Municipal Code
relating to setback of construction
from abandoned oil wells. (Staff
recommends referral to Urban
Development Committee)
Bakersfield, California, November 20, 1996 - Page 4
8 o
CONSENT CALENDAR continued
de
Resolution of Application .proposing
proceedings for annexing property
identified as Annexation No. 393,
Pierce Road No. 2 Annexation, located
along Pierce Road near Rio Mirada
Drive. (Ward 5)
Resolution adopting the City
Bakersfield Investment Policy.
of
Resolution determining that
design/building services for the
Convention Center Arena Expansion
cannot be reasonably obtained through
the usual bidding procedures; and
authorizing the Finance Director to
dispense with bidding.
Assessment District No. 96-1, Brimhall
II/Spring Meadows/Fairways/Campus Park
(Ward 4):
Resolution determining
assessments remaining unpaid.
2. Resolution authorizing issuance
of bonds.
Resolution approving form and
substance of Preliminary Official
Statement and Bond Purchase
Contract with Sutro & Company.
h. Tract Maps and Improvement Agreements:
Final Map and Improvement
Agreements with Castle & Cooke
California, Inc. for Tract 5673,
Phase 5, located at the northeast
corner of Harris Road and Spring
Creek Loop. (Ward 6)
Final Map and Improvement
Agreement with Kyle Carter Homes,
Inc. for Tract 5697, Phase 4,
located south of Harris Road and
west of Stine Road. (Ward 6)
Final Map and Improvement
Agreements with Kyle Carter
Homes, Inc. for Tract 5679, Phase
3, located at the southwest
corner of Gosford Road and South
Laurelglen Boulevard. (Ward 4)
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
RES 129-96
REMOVED FOR
SEPARATE
CONSIDERATION
MCDERMOTT
ABSTAINED DUE
TO CONFLICT
RES 130-96
RES 131-96
RES 132-96
AGR 96-314
AGR 96-315
AGR 96-316
AGR 96-317
~ AGR 96-318
AGR 96-319
Bakersfield, California, November 20, 1996 - Page 5
8. CONSENTCALENDAR continued ACTION TAKEN
i. 1997 Health Care Agreements: REMOVED FOR
1. Amendment No. 4 to Agreement No. CONSIDERATION
93-267 with Blue Cross (WellPoint
Life) for Indemnity Health and
Dental Services.
Amendment No. 3 to Agreement No.
93-266 with Blue
Cross/CaliforniaCare Health Plans
for Medical Services.
Amendment No. 5 to Agreement No.
91-280 with Dedicated Dental
Systems, Inc. for dental
services.
Amendment No· 5 to Agreement No.
91-281 with Health Benefits Inc.
for dental services.
Amendment No. 4 to Agreement No.
92-278 with Cal/Group Trust and
Medical Eye Services for vision
services.
Amendment No. 2 to Agreement No.
93-268 with Pacificare Behavioral
Health of California for
emotional health care services
(Comprehensive Managed Mental
Health Care Services Plan).
Agreement with California Water
Service Company for Union Avenue No.
10 Water Main and Fire Hydrant Upgrade
Project. (Wards 1 & 2)
Consultant Agreement with Ronald F.
Ruettgers, Civil Engineer, ($108,000)
for engineering services for
preparation of a Highway Interchange
Project Study Report on State Route
178 at Fairfax Road. (Ward 3)
Earth Materials Removal Agreement with
T.D. Whitton Construction, Inc. for
borrowing of earth materials from
Wastewater Treatment Plant No. 3.
(Ward 6)
AGR 96-320
AGR 96-321
AGR 96-322
265
Bakersfield,
California,
November 20, 1996 - Page 6
CONSENT CALENDAR continued
Attorney Retainer Agreement with
Gattuso, Kummer and Worthing for legal
services in construction litigation
defense in the matter of Spiess
Construction vs. City of Bakersfield;
and appropriate $25,000 Fund Balance
to City Attorney Operating Budget
within the Assessment District No. 93-
1 Fund.
Accept bid to award Annual Contract to
office Depot ($53,519.09) for office
supplies.
Motion by DeMond to adopt Consent Calendar
Items (a) through (n); with the exception
of Items d., f. and i.; and amendment to
Item m. appropriating $20,000 instead of
$25,000 and correction to actual Contract
to read the same; McDermott abstained on
Item g. due to owning property nearby;
Rowles abstained on Item f. due to employer
participation in project.
do
Resolution of Application proposing
proceedings for annexing property
identified as AnneXation No. 393,
Pierce Road No. 2 Annexation, located
along Pierce Road near Rio Mirada
Drive. (Ward 5)
Motion by Rowles to delay Consent Calendar
Item d. for 30 days for staff to speak with
adjacent property owners.
ACTION TAKEN
AGR 96-323
CON 96-324
APPROVED
APPROVED
Resolution determining that
design/building services for the
Convention Center Arena Expansion
cannot be reasonably obtained through
the usual bidding procedures; and
authorizing the Finance Director to
dispense with bidding.
Motion by McDermott to adopt Consent
Calendar Item f.
RES 96-133
APPROVED
ABS ROWLES
Bakersfield, California, November 20, 1996 - Page 7
CONSENT CALENDAR continued
i. 1997 Health Care Agreements:
ACTION TAKEN
1. Amendment No. 4 to Agreement No. AGR 96-325
93-267 with Blue Cross (WellPoint
Life) for Indemnity Health and
Dental Services.
2. Amendment No. 3 to Agreement No. AGR 96-326
93-266 with Blue
cross/Calif0r~niaCar~e Health P. lans
for Medical Services.
3. Amendment No. 5 to Agreemen% No. AGR 96-327
91-280 with Dedicated Dental
Systems, Inc. for dental
services.
4. Amendment No. 5 to Agreement No. AGR 96-328
91-281 with Health Benefits Inc.
for dental services.
5. Amendment No. 4 to Agreement No. AGR 96-329
92-278 with Cal/Group Trust and
Medical Eye Services for vision
services.
6. Amendment No. 2 to Agreement No. AGR 96-330
93-268 with Pacificare Behavioral
Health of California for
emotional health ca,re services
(Comprehensive Managed Mental
Health Care Services Plan).
Motion by DeMond to adopt Consent Calendar
Item i.
APPROVED
Bakersfield, California, November 20, 1996 - Page 8
9e
HEARINGS
Concurrent General Plan Amendment and
Zone Change No. P96-0627 (Wards 2 &
5):
ACTION TAKEN
1. city of Bakersfield requests to RES 134-96
amend the Me;tropolitan
Bakersfleld 2010 General Plan
Land Use Element from General
Commercial to High Medium Density
Residential, ServiceI~dustrlal;
from Light Indu~tr~ai to Service
Industrial; and from High Density
Resldential'~"' t~ "High : Medium
Density Residential on 173 acres,
located along Chester Avenue
between 34th Street and West
Columbus and between Golden State
Avenue and O Street.
2. Ordinance amending Title 17 of FR
the Bakersfield Municipal Code
and Zoning Map Nos. 102-13, 102-
24, 103-18 'and 103-19 by
prezoning to City Limited
Multiple Family Dwelling (one
dwelling per 2,500 square feet of
lot area); Limited Multi-Family
Dwelling, (one dwelling per 1,250
square' feet of Sot area); General
commercial, Light Manufacturing
and General Manufa~¢turing on 173
acres, located along Chester
Avenue between 34th Street and
West Col~mhus and between Golden
State Avenue and O Street.
Hardisty
Development Services Director
provided background information.
Hearing opened at 7:48 p.m.
No one spoke at hearing.
Hearing closed at 7:49 p.m.
Motion by DeMond to adopt Resolution and
give First Reading to Ordinance.
APPROVED
Bakersfield, California, November 20, 1996 - Page 9
268
9e
HEARINGS continued
General Plan Amendment and Zone Change
No. P96-0544 (Ward
ACTION TAKEN
1. Castle & Cooke Californla, Inc. RES 135-96
requests to amend the
Metropolitan Bakersfield 2010
General Plan Land Use Element
from High Density Residentlal to
High Medium Density Residential
on 20.5 acTes, located on the
east side of Old 'River Road,
between Campus park DrSve on the
north and Pacheco Road on the
south.
2. Ordinance amending Title 17 of FR
the Bakersfield Municipal Code
and Zoning Map No. 123-17 from
Limited Multiple Family Dwelling
(1,250 squar~ feet' minimum lot
area per dwelling unit) .to
Limited Multiple Family
Residential..(2,500..~squar? feet
minimum lot a~ea i.lP,er d~elling
unit) on 16.2 acres, located on
the east side. of OLd River Road,
between Campus Park Drive on the
north and Pacheco Road on the
south.
Hardisty
Development Services Director
provided background information.
City Attorney Skousen .announced an
adjustment to the boundary line of an area
located on the west side of Old River Road
that is going to be changed from High
Density Residential to High Medium
Residential.
Motion by McDermott to include the area
located on the west side of Old River Road
in the hearing.
APPROVED
Hearing opened at 7:54 p.m.
Roger Mcintosh,
representing Castle
spoke in support.
Martin-Mcintosh,
& Cooke California,
Hearing closed at 7:56 p.m.
Bakersfield, California, NoveImber 20, 1996 - Page 10
HEARINGScontinued
Motion by McDermott to adopt
Resolution, including the portion of
property on the west side of Old River
Road, and give First Reading to
Ordinance.
ACTION TAKEN
APPROVED
10.
REPORTS
City Manager Oral Report No. 12-96
regarding City of Bakersfield
Emergency Operations Plan.
Fire Chief Kelly provided an oral
overview of the Emergency Operations
Plan.
Motion by DeMond to adopt the
Bakersfield Emergency Operations
Plan.
APPROVED
city Manager Oral Report No. 13-96
regarding Convention Center Expansion.
Rowles announced abstention due to
conflict.
City Manager Tandy provided an update
and distributed written material
entitled Status of Convention Center
Expansion and Centennial Plaza as of
11/20/96.
11. DEFERRED BUSINESS
Ordinance amending Chapter 2.04 of the
Bakersfield Municipal Code relating to
Council meetings. (First Reading
lo/23/96)
Motion by Rowles to adopt Ordinance.
ORD 3735
APPROVED
be
Resolution adopting fees and service
charges according to the Revenue/Cost
Comparison System under Chapter 3.70
of the Bakersfield Municipal Code.
Finance Director Klimko
background information.
provided
RES 136-96
Motion by McDermott to adopt APPROVED
Resolution.
270
Bakersfield, California, November 20, 1996 - Page 11
12.
13.
NEW BUSINESS
COUNCIL STATEMENTS
Salvaggio submitted correspondence he
received from Deborah Anderson, dated
October 23, 1996, regarding child safety in
an apartment complex; and requested staff
assist in drafting a written response, with
Ms. Anderson's letter copied to the Police
Department.
ACTION TAKEN
$alvaggio requested Fire Department and
Development Services Department check the
severe weed problem and burning of
tumbleweeds in the old ARCO property on the
west side of South H Street between White
Lane and Pacheco Road. Staff was also
requested to contact residents Esther
Martinez 834-4700 and George, 4709 Lookout
Mountain Court, 834-6789, tomorrow.
Development Director Hardisty responded.
Salvaggio thanked Mayor Price and read a
letter from the Mayor to, Davis Nathan,
General Manager, KRAB Radio, regarding a
particular billboard advertisement and
exploitation of young people; and requested
Mayor Price send a similar letter to Tom
Martin, CEO, Martin Outdoor Advertising,
1245 Vine Street, Paso Robles, CA 93446.
Carson thanked Mayor Price, Police
Department and Holiday Inn Select regarding
the visitation to Bakersfield of Rosa
Parks, Civil Rights Leader.
McDermott mentioned he attended and did the
ribbon-cutting for the Marketplace Von's
Store.
McDermott announced the open house on
November 25, 1996 at the temporary fire
station on Rosedale.
McDermott requested staff expedite the
repair work for Tevis Ranch park problems.
McDermott mentioned the Planning Commission
meeting tomorrow and the issue of small
lots; and requested staff provide update on
fourplexes being built with no amenities.
271
Bakersfield,
California,
November 20, 1996 - Page 12
13. COUNCIL STATEMENTS
McDermott commented on annexation efforts;
and requested Assistant to the City Manager
Tuebbner speak with the Police Association
regarding their interest in helping with
the Palm Annexation.
ACTION TAKEN
McDermott requested staff contact Lupe
Hogan, corner of Urbano Drive and Paloma
Street, who is having problems with
drainage and other City services.
Sullivan commented on the questionable
billboard sign.
Sullivan mentioned the inadequate lighting
in Silver Creek and requested staff provide
her with the lighting standards for newer
neighborhoods.
Sullivan inquired about the possibility of
an ordinance requiring an appropriate
street light at each mailbox area; and
requested a response back from staff.
Sullivan requested staff check into
correcting the unsafe conditions at Grissom
Park on White Lane (drug traffic,
loitering, etc).
Sullivan requested staff check the
residential neighborhood northwest of New
Stine and White Lane (Hartford) regarding
drug problems.
DeMond requested Code Enforcement check the
property at 24th and L Streets for weeds
and trash cleanup.
Bakersfield, California, November 20, 1996 - Page 13
14. ADJOURNMENT
Motion by DeMond to adjourn at 8:37 p.m.
ACTION TAKEN
APPROVED
ACTING CITY CLERK an~/EX-OFFICIO CLERK of
the Council of the Cfty of Bakersfield, CA
NOV20.A
12/ 6/96 9:52am