HomeMy WebLinkAbout02/09/00 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 9, 2000
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
2¸7
PRE-MEETING
1. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson,
DeMond, Maggard (seated at 5:20 p.m.),
Couch, Rowles (seated at 5:22 p.m.),
Sullivan, Salvaggio
None
ACTION TAKEN
WORKSHOP
a. SCA 3 - ½ Cent Sales Tax Update.
Public Works Director Raul Rojas introduced
Engineering Services Manager Jack LaRochelle
who gave a computer presentation and answered
questions.
Couch requested Rosedale Highway be added
to the list.
b. Status Repod on construction of the Bakersfield
Amtrak Station and Q Street Underpass.
Project Manager Arnold Ramming gave a
computer presentation.
c. Bakersfield Water Supply Outlook for 2000
Water Resources Manager Gene Bogart gave an
overhead presentation.
Motion by Carson to recess to Closed Session at 6:05
p.m.
CLOSED SESSION
a. Conference with Legal Counsel Potential
Litigation; Significant exposure to litigation
pursuant to Subdivision (b)(3)(C) of Government
Code Section 54956.9; One potential case.
APPROVED
NAT
28
Bakersfield, California, February 9, 2000 - Page 2
3. CLOSED SESSION continued
Conference with Legal Counsel - Existing
Litigation; Closed session pursuant to Subdivision
(a) of Government Code Section 54956.9; City of
Bakersfield vs. U.S. Fire Insurance Company, et
al.; Los Angeles Superior Court Case No.
BC171941.
Conference with Legal Counsel Existing
Litigation; Closed Session pursuant to Subdivision
(a) of Government Code Section 54956.9; City of
Bakersfield, etc. vs. Valley Communities, Inc., etc.,
et al.; Kern County Superior Court Case No.
238380-RA
Motion by Carson to recess from Closed Session at
6:50 p.m.
CLOSED SESSION continued on Page 11.
REGULAR MEETING
INVOCATION by Richard Williams, First Assembly of God
Church
PLEDGE OF ALLEGIANCE by Jonathan Kimber, Boy Scout
Troop 47
3. ROLLCALL
Present: Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch, Rowles,
Sullivan, Satvaggio
Absent: None.
ACTION TAKEN
NAT
CONTINUED TO THE
END OF MEETING
APPROVED
CLOSED SESSION ACTION
Mayor Price announced Closed Session Action as
reflected on pages 1, 2 and 11.
PRESENTATIONS
Mayor Price presented a Proclamation to Conchita
Nieto-Moreno, American Society of Civil Engineers
Southern San Joaquin Branch Past President,
proclaiming February 20-26, 2000 as "National
Engineers Week".
Bakersfield, California, February 9, 2000 - Page 3
29
PUBLIC STATEMENTS
The following individuals spoke regarding
annexation: Becky Kaiser; Barbara Fowler and
Barbara Fields.
Rich O'Neil spoke in opposition of motorized
vehicles on the Kern River Bike Path/Parkway.
Kandis Peake, President, Arts Council of Kern,
spoke regarding First Night Bakersfield 2000.
ACTION TAKEN
APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
a. January 26, 2000 Council Meeting.
Payments:
b. Payments from January 15, to January 28, 2000 in
the amount of $4,166,260.06; and Self Insurance
payments from January 15, to January 28, 2000 in
the amount of $46,427.09.
Resolutions:
c. Resolution establishing ambulance service
charges.
Resolution of Application proposing proceedings
for annexation of territory by annexing to the City
of Bakersfield property identified as Annexation
No. 412 located along the north side of Rosedale
Highway, west of Freeway 99. (Ward 5)
Agreements:
Improvement Agreement with B & C Associates
for Parcel Map 9630 located west of Coffee Road,
south of Brimhall Road. (Ward 4)
REMOVED FOR
SEPARATE
CONSIDERATION
RES 10-00
AGR 00-17
30
Bakersfield, California, February 9, 2000 - Page 4
CONSENT CALENDAR continued
f. Multi-Agency Aerial Imagery Co-Operative
Agreement:
Memorandum of Understanding with Kern
COG as Lead Agency for Multi-Agency
Aerial Imagery Co-Operative Agreement,
City's podion not to exceed $67,200.
Appropriate $37,200 Fund Balance to the
Capital Improvement Budget within the
Transportation Development Fund.
Appropriate $20,000 Fund Balance in the
Sewer Enterprise Fund to the Capital
Improvement Budget within the
Transportation Development Fund.
Transfer $10,000 from the Operating
Budget in the Agricultural Water Fund to
the Capital Improvement Budget within the
Transportation Development Fund.
Agreement with Fruitvale Properties LLC to
purchase real property at the southwest corner of
Coffee and Norris Roads for $73,000 for a
domestic water storage tank site. (Ward 4)
Kern River Parkway Property Acquisition
Purchase Agreement for $118,000 with Delvin
Dwight McDonald and Betty L McDonald and to
acquire real property located west of Coffee Road,
between the Cross Valley Canal and the Kern
River Channel. (Ward 4)
Agreement with BHA Properties LLC to purchase
real property located at 10418 Crandon Park Drive
for $25,000 to expand an existing water well site.
(Ward 4)
Contract with Select Temporary Services for
temporary employees.
ACTION TAKEN
AGR 00-18
AGR 00-19
DEED 5179
AGR 00-20
DEED 5180
AGR 00-21
DEED 5181
CON 00-22
Amendment No. 1 to Agreement No. 98-300 with AGR 98-300(1)
Bart J. Thiltgen - City Attorney's Contract.
Bakersfield, California, February 9, 2000 - Page 5
CONSENT CALENDAR continued
Amendment No. I to Agreement No. 99-325 with
Mountain View Bravo, Inc. for preparation of an
Environmental Impact Report for concurrent
General Plan Amendment/Zone Change
P99-0647. (Ward 3)
Bids:
Award Annual Contract to Jim Alfter, Cement
Contractor, for canal liner repair, not to exceed
$52,400.
Award Contract to Space Leasing Company,
$16,485 to provide and install a mobile office
trailer at the Police Pistol Range.
Award Contract to Halopoff and Sons,
$341,169.60 for installation of Domestic Water
Line to Interconnect Ashe and Fairhaven Water
systems for the Water Resources Department.
(Ward 5)
Award Contract to Bakersfield Laundry, for laundry
service for the Fire Department, not to exceed
$19,392 per year. This contract is for one year,
with two one year extensions at the City's option.
Bakersfield AMTRAK Station and Q Street
Underpass: (Ward 2)
Award Contract to Elite Landscaping, Inc.,
$809,688 for construction of irrigation,
landscaping improvements and water
features for Bakersfield Amtrak Station and
irrigation and landscaping improvements
for Q Street Underpass.
Appropriate $500,000 Transportation
Enhancement Act (TEA) funds to the
Capital Improvement Budget within the
Amtrak Fund.
Appropriate $600,000 Burlington Northern
and Santa Fe Railway (BNSF) project
share for the Q Street Grade Separation
project to the Capital Improvement Budget
within the Gas Tax Fund.
ACTION TAKEN
AGR 99-325(I)
CON 00-23
CON 00-24
CON 00-25
CON 00-26
CON 00-27
Bakersfield, California, February 9, 2000 - Page 6
CONSENT CALENDAR continued
Miscellaneous:
Revised Job Specification: Assistant Finance
Director.
Motion by Carson to adopt Consent Calendar ltems a.
through r., with separate consideration of Item c.
Resolution establishing ambulance service
charges.
Motion by Rowles to approve Consent Calendar Item
c. and refer to Budget and Finance Committee to
provide a procedure or format that both staff and the
ambulance provider can utilize to confirm to the
Council that these are the best rates in the market.
ACTION TAKEN
APPROVED
RES 9-00
APPROVED
NS CARSON
HEARINGS
General Plan Amendment and Zone Change No.
P99-0701: (Ward 4)
Clarence Kastner for Caltree, Inc. has
applied to amend the Land Use Element of
the Metropolitan Bakersfield 2010 General
Plan consisting of a change from
Resources-Intensive Agriculture to Low
Density Residential on 56.73 acres on
property located at the northwest corner of
Noriega Road and Jewetta Avenue.
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map by changing the zoning from
Agriculture, 20 acre minimum, to One
Family Dwelling on 56.73 acres for
property located at the northwest corner of
Noriega Road and Jewetta Avenue.
Hearing opened 7:37p.m.
No one spoke at hearing.
Hearing closed 7:37p.m.
RES 11-00
FR
Motion by Couch to adopt the resolution and APPROVED
first reading of ordinance.
Bakersfield, California, February 9, 2000 - Page 7
3,3
HEARINGS continued
General Plan Amendment and Zone Change No.
P99-0867: (Ward 4)
Porter Robertson Engineering &
Surveying, Inc. has requested to amend
the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan consisting
of a change from Agriculture to Low
Density Residential on 5 acres on the west
side of Renfro Road, south of Johnson
Road, and on the north side of the future
Kern River Freeway alignment.
Resolution approving the Zone Change
requesting a change from Agriculture to
One Family Dwelling on the subject site.
Hearing opened at 7:39 p.m.
Harold Robertson spoke in support of staff
recommendation.
Hearing closed at 8:42 p.m.
Motion by Couch to adopt the resolution and
first reading of ordinance.
ACTION TAKEN
FR
RESI~O0
APPROVED
10.
REPORTS
a. Legislative and Litigation Committee Report No,
1-00 relating to Use of Electric Bikes on the Bike
Path.
Motion by Couch to accept report.
APPROVED
Legislative and Litigation Committee Report No.
2-00 relating to Procedures for placing an item on
the Council Agenda.
Motion by Couch to receive and place on file. APPROVED
Bakersfield, California, February 9, 2000 - Page 8
10.
REPORTS continued
Urban Development Committee Report No. 1-00
regarding Borba Dairy Development.
Rowles amended the report as follows: The
workshop for Council will be March 15, 2000; the
additional Urban Development Committee
meeting will be March 20, 2000; the committee will
bring the issue back for final Council action on
March 29, 2000.
Motion by Rowles to accept the report as
amended.
ACTION TAKEN
APPROVED
11.
DEFERRED BUSINESS
Discussion and policy direction regarding council
member attendance at committee meetings when
not a member of the committee, and associated
Brown Act noticing requirements.
NAT
12.
NEW BUSINESS
Ordinance adding Section 12.56:055 to the
Bakersfield Municipal Code relating to Expulsion
from Recreational Facilities.
Ordinance amending Section 2.28.090 of the
Bakersfield Municipal Code relating to the Board
of Zoning Adjustment.
c. 2000 Legislative Platform.
Motion by Couch to approve the 2000
Legislative Platform.
FR
FR
APPROVED
13.
COUNCILSTATEMENTS
Maggard requested City Manager Alan Tandy provide
a written update on the status and components that
comprise the City Center Project.
Maggard requested staff review complaints regarding
the accessibility of the City web site.
Bakersfield, California, February 9, 2000 - Page 9
13.
COUNCIL STATEMENTS continued
Maggard requested staff review a safety issue of the
property fenced off on Panorama, west of Thorner
School, which precludes the school children from
walking on an asphalt path, and out on a narrow
shoulder.
DeMond requested staff provide a copy of the report
regarding the Westwind resurfacing to Garth
Shreading.
DeMond requested staff review the ward boundary
separation for Wards 2 and 5, and the possibility of
moving it to Valhalla.
Couch submitted various issues to staff for response.
Couch stated he would like to attend a seminar regarding
Investing Public Funds, in Anaheim. There was no
objection from Council.
Couch referred to staff a letter from Liberty High
School requesting support for a track and requested
staff prepare a letter of support for his signature.
Couch requested staff include the Downtown
Business Association's Beltway concept in the Kern
COG study for discussion.
Couch referred to Public Works a letter from Telstar
Engineering for a response.
Couch referred to staff a letter from the owner of the
Haberfelde Building for review and requested to place
this issue on the Urban Development Committee
agenda; also, requested a copy be given to
Councilmember DeMond.
Couch referred to staff a letter from Mr. Callagy,
Cornerstone Engineering, regarding placing his item
on the agenda.
Couch referred to staff a letter from Kenneth Kind,
regarding South Beltway public notices, and
requested a response back.
Couch referred to Legislative and Litigation
Committee the issue of riding electric bikes in the
bike lane of regular streets.
ACTION TAKEN
Bakersfield, California, February 9, 2000 - Page 10
13.
COUNCIL STATEMENTS continued
Sullivan congratulated Council and Recreation and Parks
staff for the new skate park.
Salvaggio thanked Public Works Director Raul Rojas for
the completion of the left turn lanes at White Lane and
Wible Road intersection.
Salvaggio thanked staffand stated he looks forward to the
installation of the new playground equipment at Wilson
Park.
Rowles referred to Urban Development Commiffee the
issue of the Haberfelde Building.
Rowles thanked Councilmember Sullivan, Friends of the
Skate Park and staff for their involvement in the skate
park.
Rowles referred to the City Clerk the issue of the
south option of the Kern River Freeway alignment to
research the resolution adopted in 1994, and bring it
beck to Council on the February 23, 2000 agenda for
reaffirming.
Mayor Price requested staff strongly publicize the new
skate park so everyone is aware that there is now a place
for skaters and other areas will not continue to be
destroyed.
Mayor Price thanked the Council and public for their
kindness during his surgery and the recent passing of his
mother.
Carson announced this month is Black History Month and
invited everyone to the events.
Carson thanked staff for the swift response to the lighting
issues in the Lakeview area.
Carson requested staff review the issue of televising
the Council agenda a day prior to the meeting to allow
viewer participation, and asked for a report back.
ACTION TAKEN
Bakersfield, California, February 9, 2000 - Page 11
37
CLOSED SESSION continued
Motion by Carson to reconvene to Closed Session at
8:20 p.m.
Conference with Legal Counsel Existing
Litigation;Closed Session pursuant to Subdivision
(a) of Government Code Section 54956.9; City of
Bakersfield, etc. vs. Valley Communities, Inc., etc.,
et al.; Kern County Superior Court Case No.
238380-RA
ACTION TAKEN
APPROVED
NAT
Motion by Carson to adjourn from Closed Session at
9:21 p.m.
APPROVED
14.
ADJOURNMENT
Motion by Carson to adjourn at 9:24 p.m.
ATTEST:
CITY CLERK and Ex Offid~o Clerk of/~he
Council of the City of Bakersfield ~
APPROVED