HomeMy WebLinkAbout09/12/07 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 12, 2007
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Councilmembers Carson,
Benham, Weir, Couch, Hanson, Sullivan
(seated at 5:18 p.m.), Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
None.
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4.
CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 ) (3)(A) of Government Code
Section 54956.9. (Two cases)
Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5:16 p.m.
APPROVED
AS SULLIVAN
Motion by Councilmember Couch to adjourn from
Closed Session at 6:30 p.m.
APPROVED
RECONVENED MEETING - approximately 6:39 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Council members Carson, Benham, Weir,
Couch, Sullivan, Scrivner
Absent:
None.
6.
INVOCATION by Dave Champness, Riverlakes Community
Church.
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Bakersfield, California, September 12, 2007 - Page 2
7.
PLEDGE OF ALLEGIANCE by Baylee Starkey, ih Grade
Student at Stockdale Christian School.
ACTION TAKEN
Mayor recognized Bakersfield College and
Ridgeview High School Government
Classes and Boy Scout Troop 13 from Our Lady of
Perpetual Help
8. CLOSED SESSION ACTION
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Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (Two cases)
9. PRESENT~T'pNS
a.
NO REPORTASLE
ACTION
a. Presentation by Mayor Hall of Proclamation to KC
the Bull and William D. Blair, CEO, Great Kern
County Fair, proclaiming September 19 - 30, 2007,
as Kern County Fair Days.
Mr. Blair accepted the Proclamation and made
comments.
Vice-Mayor Hanson and the City Council made a
presentation to City Clerk Pamela McCarthy in
recognition of her election to the presidency of the
City Clerk's Association of California for the year
2007-2008.
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City Clerk McCarthy accepted the presentation and
made comments.
10. PUBLIC STATEMENTS
a. Frank Tripiccho spoke regarding the Sister Cities
Youth Exchange Program and introduced Joel
Heinrich, parent, and students Cassie Sweedial and
Kat Heinrichs. Additionally, Stanley Clark,
Chairman of the Sister Cities Program spoke.
b. Robert Lansford spoke regarding America's Broken
Vows and presented a DVD of that program to the
City.
c.
Lori de Leon (provided written information), Juan
Mejia, Carlos Gomez (provided written statement),
Paola Fernandez, America Nino, Camilla Chavez
and Raquel Vizcarra (provided written information)
spoke regarding illegal immigration.
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Bakersfield, California, September 12, 2007 - Page 3
401
PUBLIC STATEMENTS continued
d. Bill Ware, President of the Bakersfield Police
Officers Association, Derek Tisinger, President of
the Bakersfield Fireman's Labor Association, and
Scott Drake spoke regarding differential military
leave pay.
Councilmember Benham requested the time limit for
speakers addressing the immigration issue be
extended for five minutes.
e. Jess Nieto, Executive Director of Heritage America
Educational and Cultural Foundation, spoke
regarding immigration and hate crimes.
f. Randolph Amir spoke regarding sewer odors
between Baker and Jackson Streets.
11. APPOINTMENTS
None.
12.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the August 29, 2007 Regular
City Council Meeting.
Payments:
b.
Approval of department payments from August 17,
2007 to August 30,2007 in the amount of
$8,182,101 .12 and self-insurance payments from
August 17, 2007 to August 30,2007 in the amount
of $237,966.10.
Ordinances:
c.
First Reading of Ordinance amending Chapter 15.72
of the Municipal Code relating to the Historic
Preservation Commission.
ACTION TAKEN
ASS WEIR
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Bakersfield, California, September 12, 2007 - Page 4
12. CONSENT CALENDAR continued ACTION TAKEN j
d. First Reading of Ordinance amending Sections FR
1.12.010, 1.12.040 and 1.12.070 of the Municipal
Code adding Annexation No. 536 consisting of
109.86 acres located north of E. Panama Lane, on
the east side of Union Avenue and Annexation No.
546 consisting of 22.32 acres located south of
Berkshire Road, east of S. Union Avenue to Ward 1;
Annexation No. 499 consisting of 1,681 acres
located south of Seventh Standard Road, west of
Allen Road and Annexation No. 533 consisting of
53.25 acres located north of Snow Road, west of
Calloway Drive to Ward 4; and, Annexation No. 506
consisting of 183.99 acres located east of Wible
Road, south of Taft Highway to Ward 7.
e. Adoption of Ordinance amending Title 17 of the ORD 4458
Municipal Code (Zone Map No. 122-22)
by changing the zoning from R-3/PUD (Multiple
Family Dwelling/Planned Unit Development)
to R-1 (One Family Dwelling) on 42.40 acres for
purposes of single family residential development
located at the southeast corner of Pensinger Road J
and Stetson Way in McAllister Ranch (ZC 07-0999)
(SunCal Companies representing LBREP/L -
SunCal McAllister Ranch LLC) (FR 08/29/07)
f. Adoption of Ordinance amending Title 17 of the ORD 4459
Municipal Code (Zone Map No. 123-33) by
changing the zoning from A (Agriculture) to RE
(Recreation) on 188 acres, C-2/PCD
(Regional Commercial/Planned Unit Development
Combining) on 37 acres and M-1 (Light
Manufacturing) on 22 acres bounded by Taft
Highway (State Route 119) on the south, Ashe
Road on the east, Gosford Road on the west and
the City's Wastewater Treatment Plant NO.3 on the
north. (ZC 06-1002) (City of Bakersfield)
Resolutions:
g. Resolution ordering the summary vacation of the 40 RES 185-07
foot wide Gandola Street (County Road No. 1985) at
the southeast corner of Brimhall Road and Calloway
Drive.
h. Resolution establishing new tow truck rates. RES 186-D7
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Bakersfield, California, September 12, 2007 - Page 5
12. CONSENT CALENDAR continued ACTION TAKEN
l i. Resolution approving an application proposing RES 187-07
proceedings for annexation of uninhabited territory
to the City identified as Annexation No. 493
consisting of 1,813.08 acres located west Allen
Road, south of the Kern River.
j. Panama Lane Shopping Center and Gosford Village
Shopping Center:
1. Resolution vacating Resolution No. 20-03 RES 188-07
which certified Final Environmental Impact
Report, Resolution No. 26-03 which
approved General Plan Amendment No. 02-
193, and Ordinance No. 4112 which
approved concurrent Zone Change No. 02-
0193 for the Panama Lane Shopping Center.
2. Resolution vacating Resolution No. 21-03 RES 189-07
which certified Final Environmental Impact
Report. Resolution No. 27-03 which
approved General Plan Amendment No. 02-
0300 and Ordinance No. 02-4110 which
approved concurrent Zone Change No. 02-
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k. Resolutions adding the following territories to the
Consolidated Maintenance District and confirming
the assessments, approving the Public Works
Director's Report and authorizing collection of
assessments by the Kern County Tax Collector:
1. Area 1-73 (Rosedale, Froehlich SE) RES 190-07
2. Area 3-67 (McCutchen, Old River NW) RES 191-07
3. Area 4-79 (Panorama, Juniper Ridge E) RES 192-07
4. Area 4-80 (Bernard, Oswell NW) RES193-o7
I. Resolution of Intention No. 1553 to add territory, ROl1553
Area 3-73 (McAllister Ranch #1) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
m. Resolution of Intention No. 1554 to add territory, ROl1554
Area 4-81 (California, P NW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
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Bakersfield, California, September 12, 2007 - Page 6
12.
CONSENT CALENDAR continued
ACTION TAKEN
n.
Resolution of Intention No. 1555 to add territory,
Area 5-39 (McCall, Mesa Grande NW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
ROl1555
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o. Curnow Planned Sewer Area:
1.
Resolution of Intention No. 1556 to establish
the Curnow Planned Sewer Area and
preliminarily approving the boundaries of the
area and the cost and fee.
ROl1556
2.
First Reading of Ordinance amending
Section 16.32.060 of the Municipal Code
relating to sewer facilities by adding the
Curnow Planned Sewer Area.
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Agreements:
p. Agreement with HNTB Corporation ($8,871 ,673) for REMOVED
engineering and environmental design
services for the South Centennial Corridor. (TRIP)
q. Agreement with PB Americas, Inc. ($7,036,625) for AGR 07-318 J
engineering and environmental design services for
the West Beltway. (TRIP)
r. Agreement with ComplQ (not to exceed $150,000 AGR 05-243(1)
for 12 month period) for Workers' Compensation bill
review services (self-insurance fund).
s. Agreement with Kern County ($50,000) for sharing AGR 07-320
the cost of consultant services of Northcutt and
Associates for coordination of the Metropolitan
Bakersfield General Plan update.
1. Agreement with Kern County ($698,974) for sharing AGR 07-321
the cost of consultant services of Pacific Mutual
Consultants for the preparation of the Metropolitan
Bakersfield General Plan update.
u. Amendment No. 1 to Agreement No. 06-149 with AGR 06-149(1)
JP/CP Development, Inc. for Tract 6295 Phase 1
located south of Brimhall Road and east of River
Ranch Drive for developer to retrofit the existing
block wall at the south end of property to mitigate
anticipated noise from the proposed Westside
Parkway. J
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Bakersfield, California, September 12, 2007 - Page 7
CONSENT CALENDAR continued
v.
Amendment No. 1 to Agreement No. 06-387 with
Paladino West, LLC for the relocation of a
Southern California Edison transmission tower
within the Paladino Drive right-of-way.
Amendment No. 1 to Agreement No. 05-443 with
Mcintosh & Associates ($200,000; total not to
exceed $500,000) for Public Works project
construction inspection services (calendar
years 2006 and 2007).
w.
Bids:
x. Reject all bids for traffic signal and lighting system
modification at Columbus Street and Mt. Vernon
Avenue.
Miscellaneous:
y. Street and Storm Drain Appropriations:
1.
Appropriate $953,144 Gas Tax Fund
Balance (Traffic Congestion Relief,
Proposition 42 funds) to the Public Works
Department Capitaltmprovement Budget for
street resurfacing and reconstruction.
Appropriate $225,634 Federal Surface
Transportation funds to the Public Works
Department Capital Improvement Budget
within the SAFETEA-LU Fund for the
2004/2005 Federally Funded Project for
reconstruction of various streets.
2.
3. Appropriate $45,610 Sewer Enterprise
(Wastewater Treatment Plant 2) fund
balance to the Public Works Department
Capital Improvement Budget for the Storm
Drain Improvements Project at S. Mt. Vernon
Avenue and Columbus Street at University
Avenue.
z. Appropriate $20,000 contribution from First 5 Kern
to the Capital Outlay Fund in the Recreation and
Parks Department Capital Improvement Budget for
a mini-grant to provide and install playground safety
surfacing at Yokuts, University, Campus Park North
and Quailwood Parks.
ACTION TAKEN
AGR 06-387(1)
AGR 05-443(1)
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Bakersfield, California, September 12, 2007 - Page 8
12.
CONSENT CALENDAR continued
ACTION TAKEN
City Clerk McCarthy announced staff has requested
the withdrawal of item 12.p. from the agenda.
Council member Weir announced he would abstain due
to conflict of Interest, source of income, on item 12.b.
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Motion by Vice-Mayor Hanson to approve Consent
Calendar items 12.a. through 12.z. with the deletion of
item 12.p.
13. CONSENT CALENDAR HEARINGS
APPROVED
None.
14. HEARINGS
None.
15. REPORTS
a. City Council Goals Update.
Assistant City Manager Stinson made a
presentation.
Council member Benham requested the item be
returned to Council at a future meeting as Deferred
Business.
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b. Mill Creek Linear Park Financing Option with State
of California Infrastructure Bank (I-Bank).
Councilmember Couch recused himself from
this item and left the dais.
Assistant ED CD Director Barnhard made a
presentation and provided written material.
16. DEFERRED BUSINESS
a.
Resolution adopting Military Leave Policy.
RES 194-07
City Clerk McCarthy announced correspondence
was received from staff regarding this item.
Human Resources Director Lozano made staff
comments.
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DEFERRED BUSINESS continued
Item 16.a. continued
Councilmember Weir proposed a Catastrophic Leave
Fund and stated for the record, he does
support our military and gave the City a check
specifically to help support our military In hopes that
other donations of time and money will soon follow.
Councilmember Scrivner stated for the record, he
too supports our military, agrees with Councilmember
Weir's proposal to create a Catastrophic Leave Fund
and would donate one month's Council pay and
vehicle allowance.
Motion by Vice-Mayor Hanson to adopt Option A, a
Resolution to approve 15 months differential pay and
80% continued benefits.
b.
Resolution adopting Educational Reimbursement
Program.
Motion by Councilmember Couch to Refer Issue back
to the Personnel Committee.
17.
NEW BUSINESS
None.
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Couch requested staff contact him
regarding clean-up and other issues in Ward 4.
Councilmember Couch asked if his proposed Resolutions
making English the official City language and declaring the
City will not be a sanctuary City will be on the Council
agenda September 26th; additionally he clarified that a third
Resolution addressing the denial of City services to illegal
aliens was not necessary and requested a report on that
issue. City Manager Tandy responded.
Councilmember Carson requested staff provide Mr.
Amir a list of completed clean-up projects in the Baker
Street and Southeast Redevelopment areas and abate
sewer odors between Baker and Jackson Streets.
ACTION TAKEN
APPROVED
NS WEIR, SCRIVNER
APPROVED
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18.
MAYOR AND COUNCIL STATEMENTS continued
Bakersfield, California, September 12, 2007 - Page 10
Councilmember Benham requested staff and the
Legislation and Litigation Committee rev/sit the
responsibility of property owners on foreclosed
properties for maintaining those properties;
additionally review the Ordinance being proposed by
the City of Manteca regarding the issue.
Councilmember Benham requested staff respond to a
citizen complaint of standing water at 321 'G'Street
and provided contact information.
Councilmember Benham requested staff respond to a
code enforcement issue on Montclair St. and provided
contact information.
Councilmember Benham requested staff respond to a
business owner's question regarding parking
regulations and provided contact Information.
Councilmember Benham requested staff respond to a
complaint regarding shrubbery blocking the
intersection at the SE corner of Irene and Thelma and
provided contact information.
Councilmember Benham requested the Legislation and
Litigation Committee address the issue of sidewalk
liability and repair.
Councilmember Benham requested staff, particularly
the City Attorney, address the following:
· What City services, if any, could be reserved for
only citizens or legal residents?
· Would a Resolution declaring English our
official language have any practical effect
whatsoever?
· Is there any way that Bakersfield could become
a sanctuary City other than by an action by the
Council? Has anyone made an application
asking the Council to take such action?
· Does our Police Department currently cooperate
with the INS and other federal agencies
regarding immigration matters? Would anything
about our cooperation with the federal
government be improved If Bakersfield were to
pass a Resolution that we will not be a
sanctuary City?
· What cities in California have declared
themselves to be Sanctuary cities?
ACTION TAKEN
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18.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
. Please address the legality of these proposals in
light of the recent decisions regarding Hazleton
PA. Are there any other recent decisions of
which we should be aware?
Councilmember Sullivan requested Code Enforcement
address properties on Caldwell Dr. and provided
contact information.
Councilmember Sullivan requested staff address
speeding issues on Beechwood east of New Stine
and evaluate traffic to determine feasibility of a four-
way stop at Beechwood and Starwood.
Councilmember Sullivan expressed appreciation for the
concert at Riverwalk Amphitheater this past Sunday
evening.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:34 p.m.
ATTEST:
MAYOR of t e City of Bakersfield, CA
CITY CLERK and Ex Offici
the Council of the City of Bake
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