HomeMy WebLinkAbout10/11/00 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 11, 2000
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
249
PRE-MEETING
1. ROLL CALL
Present:
Absent:
2. WORKSHOP
a.
Mayor Price, Councilmembers Carson,
DeMond, Maggard (seated at 5:16 p.m.),
Couch, Green, Sullivan (seated at 5:17
p.m.), Salvaggio
None
Proposition 12 and 13 - Kern River Parkway
Projects.
Gene Bogart, Water Resources Manager, gave a
computer presentation and introduced Rich
O'Neill, Kern River Parkway, who gave a brief
update regarding the Kern River Parkway
development.
Maggard requested Gene Bogart meet with
him after the 16e of October to discuss the
expansion of the equestrian trails and bike
path.
Carson requested staff provide her with a
copy of Proposition 12 regulations.
Salvaggio requested staff provide Council with
a copy of the memorandum outlining the
projects fiSL
ACTION TAKEN
Overview of the Bakersfield Police Departmenrs
Neighborhood E-Watch Program.
Lt. Tim Taylor gave a computer presentation,
DeMond suggested incorporating tips for
seniors into the web page.
250
Bakersfield, California, October 11, 2000 - Page 2
CLOSED SESSION
City Attorney Bart Thiltgen announced under Closed
Session Item 3.c., listed as Conference with Labor
Negotiator William Avery, there is a possibility he may not
be available by telephone, therefore City Manager Alan
Tandy will act as Mr. Avery's representative and provide
Council with his presentation and will convey any Council
direction back to Mr. Avery.
Motion by Carson to recess to Closed Session at 5:54
p.m.
ACTION TAKEN
APPROVED
Conference with Legal Counsel - Potential
Litigation; Initiation of litigation pursuant to
Subdivision (c) of Government Code Section
54956.9; Three potential cases.
Conference with Real Property Negotiator
pursuant to Government Code Section 54956.8
regarding 10931 Shellabarger Road, Bakersfield,
93312; Negotiating Parties: Finance Director
Gregory Klimko, Senior Real Property Agent Don
Anderson and Leonard and Bonnie Koch; Under
Negotiation: Price and terms of payment for
purchase.
Conference with Labor Negotiator, William Avery,
pursuant to Government Code Section 54957.6.
Employee organizations: Fire and Police.
Motion by Couch to adjourn from Closed Session at
6:56 p.m.
APPROVED
REGULAR MEETING
INVOCATION by Kevin Herrel, First Assembly of God
Church
PLEDGE OF ALLEGIANCE by Christina Tetrick, Potato
Bowl Queen
3. ROLL CALL
Present: Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch, Green,
Sullivan, Salvaggio
Absent: None
Bakersfield, California, October 11, 2000 - Page 3
CLOSED SESSION ACTION
ACTION TAKEN
Mayor Price announced Assistant City Clerk Rhonda
Barnhard has accepted a position as Business Manager
in the Economic/Community Development Division.
Mayor Price announced there was no Closed Session
Action as reflected on page 2.
251
PRESENTATIONS
Mayor Price presented a Proclamation to Paul
Owens, President, Kern County Shrine Club,
proclaiming November 26 - December 2, 2000, as
"Shrine Potato Bowl Week." Paul Owens accepted
the proclamation and introduced Potato Bowl
Queen, Christina Tetrick.
Mitchell Dean of Daley & Heft presented to the
City Council, $475,000 as final settlement of City
of Bakersfield vs. U.S. Fire Insurance Company,
et al.
Mayor Price presented a Proclamation to Tom
Xavier, Special Events Coordinator, of the
Bakersfield AIDS Foundation, proclaiming
October 9-15, 2000, as "Bakersfield AIDS
Foundation Week." Mr. Xavier extended an
invitation to the "Walk for Red October" fund
raiser and submitted written material.
d=
Mayor Price presented a Proclamation to Bob
Barton of Community Action Against Drug and
Alcohol Abuse, proclaiming October, 2000, as
"Just Say No' and Red Ribbon Campaign Month."
PUBLIC STATEMENTS
The following individuals spoke regarding
annexations: Becky Kaiser and Barbara Fields.
The following individuals spoke regarding the Guy
Chaddock Co. employee situations: Armando
Elenes; Daniel Romero; Emilio Agilar; Ana E.
Cubas; and Gilberto Hernandez.
Mayor Price referred to staff the issue of
unsafe conditions/violations and stated the
Counc~ cannot become involved in labor
matters.
Bakersfield, California, October 11, 2000 - Page 4
PUBLIC STATEMENTS continued
Sullivan requested staff look into this issue
and advise is possible.
Carson requested staff review the agreement
with Guy Chaddock to be sure they are in
compliance with the requirements of the
agreement, and referred to Code Enforcement
the safety and health issues.
DeMond requested staff make Employers
Training Resources aware of these issues.
ACTION TAKEN
7. APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
a. September 27, 2000 Council Meeting.
Payments:
Payments from September 16, to September 29,
2000 in the amount of $4,332,681.18; and self
insurance payments from September 16, to
September 29, 2000 in the amount of
$288,316.61.
Resolutions:
Resolution determining that certain eq uipment can
only be reasonably obtained from one vendor,
Robert Moss, Jr., and authorizing the Finance
Director to dispense with bidding, not to exceed
$40,000 (Fire Station apparatus overhead doors
repair and replacement).
Employee salaries/new job specifications: Urban
Forester and Fire Plans Examiner:
Amendment No. 4 to Resolution No. 108-
99 setting salaries for employees of the
General Supervisory Unit and adopting
salary schedule and related benefits.
RES 120-00
AGR 00-269
RES 108-99(4)
Bakersfield, California, October 11, 2000 - Page 5
CONSENT CALENDAR continued
d. 2.
Amendment No. 6 to Resolution No. 66-99
approving Memorandum of Understanding
for employees of the White Collar Unit and
adopting salary schedule and related
benefits.
New Job Specifications: Urban Foraster
(General Supervisory Unit); Fire Plans
Examiner (White Collar Unit)
Agreements:
Agreement with the Housing Authority of the
County of Kern, $30,000 to replace the HVAC
system at Oro Vista Recreation Center, located at
1102 South Robinson Street. (ward 1)
f. Construct Rock Weirs across Kern River: (Ward 2)
Agreement between the City, Caltrans,
Union Pacific Railroad, Pacific Bell and
Kern County Water Agency to construct
two rock weirs across the Kern River.
Appropriate $100,000 from other agencies
as contribution to the Water Resources
Capital Improvement Budget within the
Agriculture Water Fund.
Purchase Agreement with Perry L. Herrgesell,
Trustee of the Perry L. Herrgesell Trust and J.D.
Herrgesell, Trustee of the J.D. & Mary Herrgesell
Family Trust to purchase real property ($60,000),
located south of Johnson Road, west of Renfro
Road for the Kern River Freeway. (ward 4)
Amendment No. 2 to Agreement No. 98-222 with
HTE, Inc., $44,096 for Service Support of
Licensed Software.
Bids:
Allen Road Trunk Sewer Phase 2, Brimhall Road
to Palm Avenue: (Ward 4)
ACTION TAKEN
RES 66-99 (6)
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 00-247
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 98-222(2)
253
1. Award Contract to Scales Construction, CON 00-248
Inc. $602,730.61.
Bakersfield, California, October 11, 2000 - Page 6
CONSENT CALENDAR continued
i. 2.
Agreement with the County of Kern to
connect existing dry sewers within the
County right-of-way to the City sewer
system, not to exceed $75,000.
Appropriate $75,000 County sharo of
project cost and $594,000 fund balance to
the Capital Improvement Program Budget
within the Sewer Enterprise Fund.
Ashe Road Improvements, Panama Lane to San
Joaquin Valley Railroad. (Ward 6)
Award Contract to Granite Construction,
Inc. ($628,179)
Appropriate $138,886 and $123,892 fund
balance to the Capital Improvement
Program Budget within the Sewer
Enterprise Fund and the Transportation
Development Fund.
Appropriate $286,112 excess interest
earnings to the Capital Improvement
Program Budget within the Assessment
District 94-3 Fund.
Provision and installation of playground equipment
at Centennial Park. (ward 5)
Award Contract to Casron Services
Company, $69,900 for provision and
installation of playground equipment at
Centennial Park.
Appropriate $10,000 fund balance to the
Recreation and Parks Capital
Improvement Budget within the Park
Improvement Fund.
Provision and installation of playground equipment
at Grissom Park: (Ward 6)
Award Contract to Malibu Pacific Tennis
Courts, Inc., $73,786 for provision and
installation of playground equipment at
Grissom Park.
Accept bid from Quinn Company, $358,489.57 for
two four-wheel drive loaders (Solid Waste
additional, Streets Division replacement).
ACTION TAKEN
AGR 00-249
CON 00-250
CON 00-251
CON 00-252
Bakersfield, California, October 11, 2000 - Page 7
CONSENT CALENDAR continued
Accept bid from Three Way Chevrolet $81,683.69
for five sedans (four replacement for Fire, Traffic
Engineering, Fleet Maintenance and Development
Services; one additional for Development
Services).
Miscellaneous:
Appropriate $3,681 Transportation Development
Act Article 3 Funds to the Capital Improvement
Budget within the Bikeway Pedestrian Pathway
Fund for the extension of the Northeast Bike Path.
(Ward 3)
Historic Preservation Commission 1999/00 Fiscal
Year Annual Report.
Motion by Carson to adopt Consent Calendar Items a.
through p. with the exception of Items e. and g.
ACTION TAKEN
APPROVED
255
Agreement with the Housing Authority of the
County of Kern, $30,000 to replace the HVAC
system at Oro Vista Recreation Center, located at
1102 South Robinson Street. (ward 1)
Motion by Carson to adopt Consent Calendar Item e.
AGR 00-246
APPROVED
Purchase Agreement with Perry L. Herrgesell,
Trustee of the Perry L. Herrgesell Trust and J.D.
Herrgesell, Trustee of the J.D. & Mary Herrgesell
Family Trust to purchase real property ($60,000),
located south of Johnson Road, west of Renfro
Road for the Kern River Freeway. (Ward 4)
NAT
HEARINGS
Public Hearing on acceptance of $181,995
California Law Enforcement Equipment Program
funds for the Records Management
Upgrade/Replacement project and for a Mobile
Data Computer project.
Mayor Price announced this item has been pulled
due to problems with noticing.
NAT
256
Bakersfield, California, October 11, 2000 - Page 8
HEARINGS continued
b. Resolution confirming the report of the Chief Code
Enforcement Officer regarding assessments of
certain properties in the City of Bakersfield for
which dangerous buildings have been
demolished. (Ward 1 )
Hearing opened at 7:52 p.m.
No one spoke at hearing.
Hearing closed at 7:53 p.m.
Motion by Carson to adopt the resolution.
C=
Resolution confirming the report of the Chief Code
Enforcement Officer regarding assessments of
certain properties in the City of Bakersfield for
which structures have been secured against entry
or for the abatement of certain weeds, debris and
waste matter. (Wards 1,2,5,6,7)
Development Services Director Jack Hardisty
requested item 8. 213 So. Owens Street be
removed from the assessment list.
Hearing opened at 7:54 p.m.
No one spoke at hearing.
Hearing closed at 7:55 p.m.
Motion by Carson to adopt the resolution.
Resolution approving City Annexation No. 412,
Proceeding No. 1286 uninhabited territory located
along the north side of Rosedale Highway, west of
State Route 99. (Ward 5)
1. Agreement to Indemnify LAFCO for City
Annexation No. 412, Proceeding 1286.
Hearing opened at 7:55 p.m.
No one spoke at hearing.
Hearing closed at 7:56 p.m.
Motion by Green to adopt the resolution and
agreemenL
ACTION TAKEN
RES 121-00
APPROVED
AB DEMOND
RES 122-00
APPROVED
AB DEMOND
RES f23-00
A GR 00-253
APPROVED
AB DEMOND
lo.
REPORTS
None.
Bakersfield, California, October 11, 2000 - Page 9
ACTION TAKEN
11.
DEFERRED BUSINESS
Development Streamlining Task Force Final
Report.
Assistant City Manager John Stinson gave a brief
update.
Motion by Green to accept and approve the
recommendations in the report and refer the
proposed ordinances to the Planning
Commission for public hearings and
recommendation to the City Council.
APPROVED
AB DEMOND
Metropolitan Bakersfield Tree Advisory Ad Hoc
Committee.
Motion by Carson to form the Metropofitan
Bakersfield Tree Advisory Ad Hoc Committee.
APPROVED
AB DEMOND
12.
NEW BUSINESS
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 102-20 by
changing the zoning from a Commercial zone to
a Planned Commercial Development zone
consisting of a 440,306 square foot commercial
shopping center on 52 acres located on the
Northwest Corner of Rosedale Highway and Main
Plaza Drive. (File #P00-0519) (Ward 4)
FR
13. COUNCIL STATEMENTS
Mayor Price announced there will be a City Selection
Committee meeting on October 19, 2000, at 6:45 p.m., an
appointment to the Unified Air Pollution Control District
Advisory Council, one member and a substitute; also San
Joaquin Valley Water Coalition, will be considered; and
asked Council if anyone would be interested in serving on
either committee. Councilmember Couch expressed
interest in the San Joaquin Valley Water Coalition. Mayor
Price will submit his nomination.
258
Bakersfield, California, October 11, 2000 - Page 10
13.
COUNCIL STATEMENTS continued
Couch congratulated Rhonda Barnhard on her promotion.
Couch referred to Urban Development Committee the
issue of possibly establishing a new zone for
commercial development proposed adjacent to or
near existing residential areas.
Couch requested staff review the possibility of
establishing a police sub-station and using a portion
of the sales tax revenue funds.
Couch thanked staff for their work and responses to
questions.
Maggard requested staff provide Council with the
process by which Council can most effectively spend
the sales tax revenue funds within the community.
Maggard requested staff review why gasoline prices
are higher in Bakersfield than Los Angeles.
Maggard requested staff urge Cal Trans to do repairs
of severe cuts in the road and large boulders on both
sides of the road, east on 178, beyond MiraMonte, as
soon as possible.
Maggard requested staff provide a status report on
the project east of 178 and Niles, the alignment of
Comanche and Alfred Harrell Highway, and would like
to discuss this issue further with Public Works and
Planning staff.
Maggard referred to staff the issue of widening of
shoulders on 178 and urged the City to vigorously
pursue.
Maggard requested Recreation and Parks Director
Stan Ford see him regarding an offer from the Tree
Foundation to assist the City with trees for potential
use in medians and other areas in the City.
Maggard requested Police Chief Matlock meet with
him to discuss an issue.
Salvaggio requested Development Services Director
Jack Hardisty prepare a memorandum summarizing
what the vacant property located at the corner of
Hughes Lane and Pacheco Road can be developed
under the current zoning without a conditional use
permit.
ACTION TAKEN
13.
Bakersfield, California, October 11, 2000 - Page 11
COUNCIL STATEMENTS continued
Salvaggio requested staff pursue a response to the
letter sent to BaR Bond regarding the Fairfax/178
Interchange; also requested staff provide clarification
of the status of the sound wall at White Lane and
Highway 99 and referred this issue back to staff.
Salvaggio thanked Public Works Director Raul Rojas,
Traffic Engineer Steve Walker and Ryan Starbuck for
contacting Cal Trans regarding the 4-way Stop on
Highway 119 from southbound Highway 99; Thanked Jeff
Goddard and Jack Highfill for assisting a citizen regarding
a roof job; and thanked Darrell Harvey for copies of e-mail
regarding Cal Trans.
Salvaggio urged staff to expedite the traffic signal
approved in the current budget at Monitor and
Fairview Road and requested a status update.
Salvaggio made comments on the Faith Hill & Tim
McGraw concert at the Centennial Garden and the
upcoming Tina Turner concert.
Green ask City ManagerAlan Tandy if the reimbursement
agreement and check from the developer regarding City
Center was received. City Manager Tandy responded
yes.
Green referred to Recreation and Parks the issue of
Senior programs and funding and the use of $25,000
set aside for a survey.
Sullivan requested an opinion regarding gas prices.
Public Works Director Rojas responded.
Sullivan referred to staff the issue of the Guy
Chaddock employees' situation, requested additional
information possibly staff could prepare a letter.
Sullivan made comments regarding The Bakersfield AIDS
Project and remembered her daughter Joyce who died
seven years ago.
Sullivan expressed appreciation to Martha Jackson and
Bob Barton, volunteers on the Red Ribbon Campaign.
Sullivan commented on the Faith Hill/Tim McGraw
concert and the Centennial Garden.
Sullivan expressed continued support for the City's
annexation efforts.
ACTION TAKEN
259
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Bakersfield, California, October 11, 2000 - Page 12
13.
COUNCIL STATEMENTS continued
Sullivan commented on the Amtrak Station,
Green commented on gas prices.
Green expressed it is not the City Council's position to
intervene in the Guy Chaddock employees' issues,
Carson commented on the Guy Chaddock employees
issue and stated the City offers financial assistance and
if they are out of compliance of any of the conditions of
the agreement the Council cen intervene.
Carson requested staff provide information regarding
the $f homes from HUD, the process, who qualifies,
Iow income areas/citizens. Community Development
Coordinator George Gonzales responded and will
provide additional information.
Carson requested staff provide a report back
regarding how the funds can be used if not used for
the East Planz Sump.
Carson requested Development Services Director
Jack Hardisty provide an update on the Union Avenue
Motel clean-up.
Carson thanked staff for their efforts in getting the railroad
crossing repaired at California Avenue.
Carson announced that the City Center Ad Hoc
Committee meeting scheduled for October 17, 2000 has
been postponed, and requests a report from Paul
Crawford and Chris Hammons at the next meeting. Also
she and City Manager Tandy had a meeting with Mr.
Hammons and feels it was a very productive meeting.
Carson requested copies of the analysis of additional
costs for multi-purpose use stadium be distributed to
the sub-committee.
Carson congratulated Councilmember DeMond for
receiving the Walter Stiern Award.
Carson congratulated the volunteers of the Bakersfield
Senior Center. Also stated she feels Council should
make a strong commitment to set aside funds for Senior
Center programs.
ACTION TAKEN
Bakersfield, California, October 11, 2000 - Page 13
14. ADJOURNMENT
Motion by Carson to adjourn at 8:52 p.m.
MA~f Bakersfield, CA
ATTEST:
ACTION TAKEN
APPROVED
AB DEMOND