HomeMy WebLinkAbout09/26/07 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 26, 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, Council members Carson,
Benham, Weir, Couch (seated at 5:30 p.m.),
Hanson, Sullivan (seated at 5:20 p.m.),
Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
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a.
Presentation by Steven Woods, Golden Empire
Transit District, regarding bus service to the
William M. Thomas Airport Terminal.
Presentation by Gina Hayden, Marketing Manager
Golden Empire Transit District, who introduced
Steven Woods, Golden Empire Transit District,
G.E.T. Chairperson Chuck Michele, Patricia Norris,
G.E.T. Vice-Chairperson, G.E.T. Board Directors
Howard Silver and Kathleen Ashlyn, who provided
an overview and written material.
4. CLOSED SESSION
a. Conference with Labor Negotiator, Bill Avery;
Closed Session pursuant to Government Code
Section 54957.6.
Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5:34 p.m.
APPROVED
Motion by Vice-Mayor Hanson to adjourn from Closed
Session at 6:42 p.m.
APPROVED
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Bakersfield, California, September 26, 2007 - Page 2
5.
RECONVENED MEETING - approximately 6:39 p.m.
ROLL CALL
Present: Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Couch, Sullivan, Scrivner
Absent: None.
6. INVOCATION by Pastor Victor Airiohuodion, Citygate
Christian Center.
7. PLEDGE OF ALLEGIANCE by Ethan Calvillo, 1 sl Grade
Student at Downtown Elementary.
8. CLOSED SESSION ACTION
a.
Conference with Labor Negotiator, Bill Avery;
Closed Session pursuant to Government Code
Section 54957.6.
9. PRESENTATIONS
a.
Presentation by Mayor Hall of Proclamation to Paula
Mande, Executive Director, The Greater Bakersfield
Council of the Blind, proclaiming October, 2007, as
White Cane Awareness Month.
Paula Mande, Brandi Morgan, Secretary, the
Greater Bakersfield Council of the Blind, a
representative for the Center for the Blind and
Visually Impaired, and Fred Huffnagle, Lions Cub
International, accepted and made comments
regarding future fund raising events.
b. Presentation by Mayor Hall of Proclamation to Stacy
Crooks from Links for Life, proclaiming October,
2007, as Paint the Town Pink Month.
Stacy Crooks accepted the proclamation and made
comments.
10. PUBLIC STATEMENTS
a. Randy Ariey spoke regarding spoke regarding water
safety at Riverwalk Park.
ACTION TAKEN
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NO REPORTABLE
ACTION
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Bakersfield, California, September 26, 2007 - Page 3
10.
PUBLIC STATEMENTS
b.
Amy Green, Mt. Zion Missionary Baptist Church,
spoke on behalf of Greater Bakersfield Faith in
Action, and invited the community to attend the first
Community in Harmony concert on October 4,2007.
Additionally, Christy Kuntz and Angela Sevis spoke
on the same subject and provided written material.
Public Statements regarding illegal immigration
heard during item 16.a.
11. APPOINTMENTS
a.
Three appointments to the Keep Bakersfield
Beautiful Committee due to the resignations of
Merry McCalley (Mayor), Thomas Edmonds (Ward
4) and Sheryl Graab (Ward 7).
Motion by Vice-Mayor Hanson to appoint John
Enriquez to fill the mayoral appointment to the Keep
Bakersfield Beautiful Committee.
Motion by Councilmember Couch to appoint Elizabeth
Gosling to fill the Ward 4 appointment to the Keep
Bakersfield Beautiful Committee.
Motion by Councilmember Scrivner to appoint Kelly
Bishop to fill the Ward 7 appoint to the Keep
Bakersfield Beautiful Committee.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 12, 2007
Regular City Council Meeting.
Payments:
b. Approval of department payments from August 31,
2007 to September 13, 2007 in the amount of
$19,494,954.21 and self-insurance payments from
August 31, 2007 to September 13, 2007 in the
amount of $169,578.82.
ACTION TAKEN
APPROVED
APPROVED
APPROVED
ABS WEIR
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Bakersfield, California, September 26, 2007 - Page 4
12.
CONSENT CALENDAR continued
Ordinances:
c. First Reading of Ordinance approving a Negative
Declaration and amending Title 17 of the Municipal
Code (Zone Map NO.1 04-07) by changing the
zoning from R-1 (Single Family Dwelling) to R-
2/PUD (Limited Multiple Family Dwelling/Planned
Unit Development) on approximately 20 acres
generally located 600 feet north of Paladino Drive
and divided by the future alignment of Rivani Drive.
(ZC 06-2254) (Applicant: Mcintosh & Associates/
Property Owner: Steven Boneso)
d. Adoption of Ordinance amending Chapter 15.72 of
the Municipal Code relating to the Historic
Preservation Commission.
e.
Adoption of Ordinance amending Sections 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 5
3.25 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.
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 of the
Municipal Code (Zone Map No. 142-03) by changing
the zoning from RS-20A (Residential Suburban-20
acres minimum) to C-1/PCD (Neighborhood
Commercial/Planned Commercial Development
Combining) on 1.55 acres located along the south
side of Taft Highway, generally west of Mountain
Ridge Road (future alignment) between Ashe Road
and Stine Road. (ZC 07-0514) (Applicant/Owner:
Jim Clawson, Jr.)
f.
ACTION TAKEN
FR
ORD 4460
ORD 4461
ORD 4462
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Bakersfield, California, September 26, 2007 - Page 5
415
12.
CONSENT CALENDAR continued
g.
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 of the
Municipal Code (Zone Map No. 124-20) by changing
the zoning from A (Agriculture) to R-1 (One Family
Dwelling) on 49.52 acres located at the northwest
corner of E. Panama Lane and Cottonwood Road.
(ZC 06-2275) (Applicant: Jim Marino/Property
Owner: Garone Family Trust)
h. Adoption of Ordinance approving a Negative
Declaration and amending Title 17 of the
Municipal Code (Zone Map No. 104-18) by changing
the zoning from R-1 (One Family Dwelling) to R-
3/PUD (Multiple Family Dwelling/Planned Unit
Development) on 12.1 acres generally located
adjacent to Rivani Drive generally east of Morning
Drive and north of State Route 178 (ZC 06-2246)
(Applicant: San Joaquin Engineering, Inc./Property
Owners: Dorothy Lorraine Talbert, Suzanne Powell,
Steve Alan Talbert, Elias N. Afana Revocable
Trust, John D. Afana, Terry & Kathy Talbert Family
Trust, Nicole Afana & Janet Gail Afana Revocable
Trust, Afana Family Trust, Marilyn G. Afana, Jerrilyn
S. Frazee)
Resolutions:
i. Resolutions ordering judicial foreclosure of
delinquent assessments for the following
Assessment Districts:
1.
2.
3.
4.
AD 93-2 (Stine/Harris)
AD 94-1 (Renfro/Hughes)
AD 94-2 (Gosford/White)
AD 01-2 (Seven Oaks West II/River
Walk/Southern Oaks)
AD 02-1 (Avalon/Belsera/Montaire/The
Woods)
AD 03-1 (Brighton Place/Silver Creek II)
AD 04-1 (Countryside/The
Homestead/Cherry Hill/Olive Park III)
5.
6.
7.
ACTION TAKEN
ORD 4463
ORD 4464
RES 216-07
RES 196-07
RES 197-07
RES 198-07
RES 199-07
RES 200-07
RES 201-07
Resolution confirming approval by the Assistant City RES 202-07
Manager of the Chief Code Enforcement Officer's
report regarding assessments of certain properties
in the City for which structures have been secured
against entry or for the abatement of weeds, debris
and waste matter and authorize collection of the
assessments by the Kern County Tax Collector.
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Bakersfield, California, September 26, 2007 - Page 6
12. CONSENT CALENDAR continued ACTION TAKEN
k. Police Radio Communications Equipment: j
1. Resolution determining that satellite receiver RES 203-07
voting comparators cannot be obtained
through usual bidding procedures and
authorizing the Finance Director to dispense
with bidding therefore, not to exceed
$46,000.
2. Appropriate $46,000 Equipment
Management Fund Balance to the Public
Works Department's Operating Budget.
I. Resolution approving an application proposing RES 204-07
proceedings for annexation of uninhabited territory
to the City identified as Annexation No. 573
consisting of 19.55 acres located east of Ashe
Road, north of Engle Road, south of Curnow Road.
m. Assessment District No. 07-2 (Sydney Harbour):
1. Resolution approving boundary map. RES 205-07
2. Resolution of Intention No. 1552. ROl1552
3. Resolution accepting petition and RES 206-07
determining to undertake special j
assessment proceedings.
4. Agreement with Wilson & Associates for AGR 07-322
assessment engineering services.
5. Agreement with Orrick, Herrington & Sutcliffe AGR 07-323
for legal bond services.
6. Agreement with Goodwin Procter, LLP for AGR 07-324
legal disclosure services.
n. 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 3-73 (McAllister Ranch #1) RES 207-07
2. Area 4-81 (California, "P" NW) RES 208-07
3. Area 5-39 (McCall, Mesa Grande NW) RES 209-07
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Bakersfield, California, September 26, 2007 - Page 7
CONSENT CALENDAR continued
o.
Resolution of Intention No. 1558 to add territory,
Area 2-35 (Stine, White SE) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
Resolution of Intention No. 1557 to order the
vacation of a 20 foot wide alley in Block 195
between H and Eye Streets and between 21 sl and
22nd Streets.
p.
q.
Amendment No. 1 to Resolution No. 118-94 revising
the penalties for parking violations from $65.00 to
$150.00.
r.
Resolution announcing the City's intention to file a
Notice of Intent and a Notice of Continuation
regarding a potential Quiet Zone.
Resolution awarding contract to CCG Systems, Inc.
($118,600) for fleet management information
system.
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Sewer Connection and Construction Fees for
McDonald Area Sewer Project:
1. Resolution confirming assessments for
sewer connection fee including the
construction fee and authorizing the
collection assessments by the Kern County
T ax Collector.
2. Agreements to pay sewer connection and
construction fee in installments and notice
of special assessment lien with:
a.
Sharena Barriga - 10 Suzanne Street
Pamela Roberts - 113 Dunlap Street
Nunez Family Trust (co trustees-Joe
Medina Nunez & Ida Medina Nunez)
- 137 Dunlap Street
Irene Y. Terry - 22 Candy Street
b.
c.
d.
ACTION TAKEN
ROl1558
ROl1557
RES 118-94(1)
RES 210-07
RES 211-07
AGR 07-350
RES 212-07
AGR 07-325
AGR 07-326
AGR 07-327
AGR 07-328
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Bakersfield, California, September 26, 2007 - Page 8
12. CONSENT CALENDAR continued ACTION TAKEN
u. Tract Maps and Improvement Agreements: J
1. Final Map and Improvement Agreements AGR -07-329
with McMillin Cordona Crossing, LLC, for AGR 07-330
Tract 6006 Phase 7 located north of McKee
Road and west of State Route 99.
2. Final Map and Improvement Agreements AGR 07-331
with Fairway Oaks South, LP, for Tract AGR 07-332
6079 Phase 6 located south of Southern
Pacific Railroad on Mountain Vista Road.
3. Final Map and Improvement Agreements AGR 07-333
with Standard Pacific Corp., for Tract 6329 AGR 07-334
Phase 2 located at the southeast intersection
of Harris Road & Mountain Vista Drive.
4. Final Map and Improvement Agreements AGR 07-335
with Lennar Homes of California, Inc., for
Tract 6363 Unit 2 located east of Old River
Road on Pacheco Road.
5. Final Map and Improvement Agreements AGR 07-336
with Berkshire Place, LLC for Tract 6371 AGR 07-337
located at the northwest intersection of j
Berkshire Road and S. Union Avenue.
v. Agreement with PB Americas, Inc. ($2,472,914.00) AGR 07-338
for engineering and environmental design services
for the SR-178 Widening. (TRIP)
w. Agreement with Lim & Nascimento Engineering AGR 07-339
Corp. ($2,628,578.21) for engineering and
environmental design services for the Hageman
Flyover. (TRIP)
x. Agreement with Pacific Gas & Electric Company for AGR 07-340
the permanent relocation of gas distribution facilities
in conflict with the new SR 178 and Fairfax Road
Interchange. (TRIP)
y. Agreement with Jose and Engracia Machuca AGR 07-341
($39,500) to purchase real property located at DEED 6771
3035 Hosking Road to widen Hosking Road.
z. Agreement with Anthony David and Delora May AGR 07-342
Encinas ($150,000) to purchase real DEED 6772
property located at 8056 Stine Road to improve
Stine and Hosking Road intersection. j
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Bakersfield, California, September 26, 2007 - Page 9
12. CONSENT CALENDAR continued ACTION TAKEN
L aa. Agreement with Craig and Holly Oliver ($25,000) to AGR 07-343
purchase real property located at 2941 DEED 6773
Hosking Road to widen Hosking Road.
bb. Agreement with Petronilo and Maria Barajas AGR 07-344
($22,000) to purchase real property located at DEED 6774
3112 Hosking Road to widen Hosking Road.
cc. Park at Paladino Drive and Rivani Drive:
1. Agreement with Centex Homes ($18,600) for AGR 07-345
dedication of 1.84 net acres and DEED 6775
purchase of a .31 acres parcel of property in
Vesting Tentative Tract Map 6426 to the
City for park purposes.
2. Appropriate $18,600 Park Development
Fund balance from the Northeast Acquisition
- Zone 3 to the Recreation and Parks
Capital Improvement Project budget for
purchase of property.
dd. Rivers Edge Park on Allegheny Court:
1. Agreement with Centex Homes ($274,448) AGR 07-346
L to dedicate 8.16 net acres of property in DEED 6776
Vesting Tentative Tract 6148 to the City for
park purposes and development.
2. Appropriate and additional $29,059 Park
Development Fund balance from the
Northeast Development - Zone 3 to the
Recreation and Parks Capital Improvement
Project budget for improvement of the park.
ee. Memorandum of Understanding with Kern Medical AGR 07-347
Center regarding required training for the Hazardous
Materials/Technical Rescue Paramedic program.
ff. Amendment No. 1 to Agreement No. 06-335 with AGR 06-335(1)
Muxlow Construction ($50,000; total not to exceed
$100,000) of Community Development Block Grant
funds to provide handicap accessibility improvement
services to qualified low income residents in
privately owned structures.
gg. Amendment No. 1 to Agreement No. 06-209 with AGR 06-209(1)
Boyle Engineering Corporation ($50,000; total not to
exceed $200,000) for the continued provision of
l professional services for the inclusion of land within
the City's Consolidated Maintenance District.
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Bakersfield, California, September 26, 2007 - Page 10
12. CONSENT CALENDAR continued ACTION TAKEN
Bids: J
hh. Accept bid and award contract to Granite AGR 07-348
Construction ($1,746,418.05) for the Pavement
Reconstruction: Federal Fiscal Year 2006-2007 for
Columbus Street from Mt. Vernon Avenue to Auburn
Street project.
ii. Accept bid and award annual contract to Granite AGR 07-349
Construction (not to exceed $5,000,000) for street
materials.
jj. Amendment to the bid awarded to Granite
Construction (revised not to exceed $441,770) for
HUD street materials.
Miscellaneous:
kk. Community Development Block Grant (CDBG) and
HOME Investment Partnership Action Plan
Amendment No.1 (FY07/08) and Amendment No.2
(FY 06-07).
1. Transfer $649,000 CDBG Project Savings to
the Capital Improvement Program
budget within the CDBG Fund. J
2. Appropriate $211,000 Prior Year Program
Income to the Capital Improvement Budget
and $67,000 to the Operating Budget within
the CDBG Fund.
3. Transfer $396,231 HOME Investment
Partnership Project Savings to the Economic
and Community Development Operating
budget within the HOME Fund.
4. Appropriate $1,253,769 HOME Investment
Partnership, Prior Year Program Income
to the Economic & Community Development
Operating Budget with the HOME Fund.
II. Grant of easement to P.G. & E. to provide electrical DEED 6n7
service to remediation equipment located north of
Brimhall Road extended (Flying J Refinery).
Councllmember Weir announced he would abstain due
to conflict of interest, source of income, on Item 12.b.
Motion by Vice-Mayor Hanson to approve Consent
Calendar Items 12.a. through 12.11.
APPROVED
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13. CONSENT CALENDAR HEARINGS ACTION TAKEN
a. Public Hearing to consider Curnow Planned Sewer
Area
1. Resolution adopting the Curnow Planned RES 213-07
Sewer Area and making findings thereto.
2. Adoption of Ordinance amending Section ORD4465
16.32.060 of the Municipal Code relating to
sewer facilities to include the Curnow
Planned Sewer Area.
b. Public Hearing to consider resolution approving RES 214-07
Zoning Modification No. 07-1174 to increase
the height of an existing 12 story office building from
176 feet to approximately 200 feet to permit the
construction of an additional story in a C-O
(Professional and Administrative Office) located at
5060 California Avenue. (Applicant: Skarphol
Associates/Property Owner: Moreland Corporation)
Hearings opened at 7:09 p.m.
No one spoke.
Hearings closed at 7:09 p.m.
City Clerk McCarthy announced correspondence
was received from Kennedy Commercial in support
of project 13.a. Additionally correspondence was
received from Premier Land Management in support
of project 13.a. and requesting staff review a large
map provided and place on file in the City Clerk's
office.
City Clerk McCarthy announced correspondence
was received from Dr. Malladi Reddy in opposition
to the Staff recommendation on item 13.b.
Motion by Vice-Mayor Hanson to approve Consent APPROVED
Calendar Hearing items 13a. and 13.6.
14. HEARINGS
None.
15. REPORTS
None.
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Bakersfield, California, September 26, 2007 -Page 12
16. DEFERRED BUSINESS ACTION TAKEN
a. I I legal Immigration:
1. Resolution declaring English as the official
language of the City of Bakersfield.
2. Resolution declaring that the City of
Bakersfield will not be a sanctuary city.
3. Report by staff regarding City services.
4. Resolution calling for Federal Immigration RES 215-07
Reform.
City Clerk McCarthy announced correspondence
and post cards were received regarding item 16.a.
one in support of the Resolutions and eight hundred
and forty-three in opposition. Additionally phone
calls were received in the City Clerk's office, one
hundred and one in support of the Resolutions and
one in opposition.
10. PUBLIC STATEMENTS continued
Motion by Councilmember Benham to extend the time APPROVED
for Public Statements to thirty minutes.
a. Dr. Jess Nieto, Executive Director of Heritage of
America and participant of the Social Justice Task
Force, Karen Ash, Dr. Ray Gonzales, Linda
MacKay, Rudy Salas, staff member of Senator Dean
Florez, Robert Kunde, Kent Bowersox, Marti
Rodriguez (submitted additional post cards, Craig
Olsen, Ernest Morse, Edward Herrera, Jan Gary,
and Dr. Karen Stocker, Professor of Anthropology,
Cal State Bakersfield spoke regarding illegal
immigration.
Motion by Councilmember Carson to extend the time
for Public Statements by fifteen minutes.
a. Mary Shadden, founder of Bakersfield Families to
Men California Three Strikes, Jess Boyar, Magda
Mendez, Latina Leaders of Kern County, Mark
Martinez, Delores Huerta, Delores Huerta
Foundation, Armando Elenes, Organizing Director of
the United Farm Workers on behalf of the UFW,
Audrey Chavez (provided written material) and
Steven Murray spoke regarding illegal immigration.
Motion by Councilmember Benham to extend the time APPROVED
for Public Statements by fifteen minutes.
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Bakersfield, California, September 26, 2007 - Page 13
PUBLIC STATEMENTS continued
a.
Gonzalo Santos (provided written material), Giselle
Ruiz, Dr. Edna Molina, Sociologist Cal State
Bakersfield, Lupe Martinez, Anna Vega, Cristin
Celedon, Jared Thomas, Sarah Richter and Pete
Parra spoke regarding illegal immigration.
16. DEFERRED BUSINESS continued
Motion by Councilmember Couch to adopt the
Resolutions.
Motion by Councilmember Benham to adopt Resolution
#4 which Includes:
. calling on the Federal Government to enforce
current laws
. calling on the Federal Government to enact
meaningful laws
. calling on the Federal Government to reimburse
local governments for expenses Incurred due to
illegal immigration
. directing the Police Department to continue
cooperating with INS, the Homeland Security
Agency and other Federal agencies
Councilmember Scrivner requested a friendly
amendment to Councilmember Benham's motion as
follows: "Whereas Council of the City of Bakersfield
recognizes that Section 6 Article III of the California
Constitution states that English is the official language
of California, and that a common language is necessary
for a prosperous State that provides equal opportunity
for the citizenry, now therefore be It resolved the City of
Bakersfield calls on the United States Government to
develop policies which effectively promote English
fluency among new legal immigrants."
Councilmember Benham accepted Councllmember
Scrivner's friendly amendment and requested the
suggested language be Included In the Resolution.
Motion by Councllmember Couch to adopt a Resolution
making English the official language of the City of
Bakersfield.
ACTION TAKEN
WITHDRAWN
NO ACTION TAKEN
APPROVED
NS CARSON
FAILED
NS CARSON, BENHAM,
SCRIVNER, SULLIVAN,
WEIR
A YES COUCH, HANSON
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16.
Bakersfield, California, September 26, 2007 - Page 14
DEFERRED BUSINESS continued
Motion by Councilmember Couch to adopt a Resolution
declaring Bakersfield will not become a sanctuary City.
Recess from 9:29 p.m. to 9:37 p.m.
17. NEW BUSINESS
None.
18. MAYOR AND COUNCIL STATEMENTS
Council member Carson stated she supports the
Constitutions of the United States and the State of
California, that she believes in bilingual education and
anticipates the Council will join forces to combat violent
crime in the community.
Mayor Hall made comments regarding recent community
service projects and complimented Pastor Ron Vietti, Valley
Bible Fellowship, and Fire Chief Fraze for spearheading the
various efforts.
Mayor Hall requested Chief Rector provide Council a
report regarding Police Department efforts to stem
gang violence over the past eight years.
Council member Couch thanked the police officers who
have worked over-time during the last few Council
meetings.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 9:42 p.m.
ATTEST:
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S:\CounciI\MINUTES\2007\Seplember 26.doc
ACTION TAKEN
FAILED
NS CARSON, BENHAM,
SCRIVNER, WEIR
A YES COUCH, HANSON,
SULLIVAN
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