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Home My WebLink About09/11/13 CC MINUTES17,118 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 11, 2013 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings - 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:30 p,m, 1. ROLL CALL Present: Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Hanson, Sullivan, Johnson (seated at 3:35 p.m,) Absent: Mayor Hall 2. PUBLIC STATEMENTS f00=A- 3. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (d)(1) for the following: Jetunda Wright v. City, et al„ USDC Case No. 1: 11 -CV-00954-LJO-J LT, 2. Edward Colson v. City, Kern County Superior Court Case No. S- 1500 -CV- 277378 -DRL, b. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to Government Code Section 54956.9 (d) (4) (one potential case). C. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code Section 54956.9 (d)(2), (e)(1). (one matter). ACTION TAKEN Motion by Councilmember Hanson to adjourn to APPROVED Closed Session at 3:36 p.m. AB HALL 1779 3. 4. Bakersfield, California, September 11, 2013 - Page 2 CLOSED SESSION continued ACTION TAKEN Motion by Councilmember Maxwell to adjourn from APPROVED Closed Session at 4:50 p.m. AS HALL CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (d)(1) for the following: 1, Jetunda Wright v, City, et al., USDC Case CASE SETTLED IN THE No. 1: 11 -CV-00954-LJO-J LT, AMOUNT OF $75,000 2. Edward Colson v. City, Kern County NO REPORTABLE Superior Court Case ACTION No. S- 1500 -CV- 277378 -DRL, b. Conference with Legal Counsel - Initiation of NO REPORTABLE Litigation; Closed Session pursuant to ACTION Government Code Section 54956.9 (d) (4) (one potential case). C. Conference with Legal Counsel - Potential NO REPORTABLE Litigation; Closed Session pursuant to ACTION Government Code Section 54956.9 (d)(2), (e)(1), (one matter), 5. ADJOURNMENT Vice -Mayor Weir adjourned the meeting at 5:21 p.m. ATTEST: �14" J�W�/ CITY CLERK and Ex Officliberk of the Council of the City of Bakersfield Bakersfield, California, September 11, 2013 - Page 3 REGULAR MEETING -5;22 p.m. 1. ROLL CALL Present; Mayor Hall, Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Hanson, Sullivan, Johnson Absent; None. 2. INVOCATION by Counciimember Sullivan. 3. PLEDGE OF ALLEGIANCE by Taylor Burton, 1 st grade student at Independence Elementary School, Mayor Hall acknowledged the students from the Ridgeview High School Government class in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to KC the Bull, and Kern County Fair CEO Mike Olcott, declaring September 18 through September 29, 2013, as Kern County Fair Days. KC the Bull and Mr. Olcott accepted the Proclamation and made comments. b. Presentation by Mayor Hall of a Proclamation to Links for Life Board of Directors President, Stephanie Lynch, declaring October, 2013, Paint the Town Pink Month. Stana Bright and Jennifer Henry, Executive Director of Links for Life, accepted the Proclamation and made comments. Mayor Hall acknowledged the students from the Bakersfield College Political Science class in attendance at the meeting to learn about City government. 5. PUBLIC STATEMENTS a. Curtis J. Bingham, Sr., spoke regarding making law enforcement the number one priority and expressed his appreciation for the 10 additional officers. ACTION TAKEN 1780 1781 Bakersfield, California, September 11, 2013 - Page 4 5. PUBLIC STATEMENTS continued ACTION TAKEN b. The following individuals spoke in opposition to a High Speed Rail station in the downtown area and the current proposed alignment: Jeff Taylor; Carol Bender; Michael Kennedy, Principal of Bethel Christian School, also a representative from the First Free WIII Baptist Church in Bakersfield (submitted written material); and Dr. Anil Mehta. C. Robert Braley spoke regarding the Centennial Corridor, 24th Street, Highway 178, and the Hosking Road Interchange projects and Indicated he would like to have the finance manager provide a new public presentation regarding the figures for all four of these projects; and he submitted written material. d. Chuck Naus, owner of Nature's Food Market and Juice Bar, spoke regarding the the defective and dilapidated curbs, gutters and sidewalks between 19th Street and moving north to 21 st Street on the east side of G Street; and he submitted written material. Councilmember Maxwell asked staff to address Mr. Naus' concerns, and he also urged anybody else that has those kinds of concerns to give him a call on his cell phone which is available on the City's website. e. Dennis Fox spoke regarding the Humane Society of the United States and obtaining funding for the new Habitat Conservation Plan. f. Glenda Pearson spoke regarding outdoor advertisement billboards and asked that the Council adopt an ordinance governing the content of outdoor advertising in the City. Councilmember Sullivan asked staff to look into and report back regarding whether or not outdoor advertising content can be regulated by the City. g. The following individuals spoke in opposition to a Human Life Ordinance: David Davis and Jane Prewitt. 1782 Bakersfield, California, September 11, 2013 - Page 5 5. PUBLIC STATEMENTS continued ACTION TAKEN h, The following individuals spoke in support of a Human Life Ordinance; Deborah Hall, Terri Palmquist, Tim Palmquist, and George Moreno, Sr, 6. WORKSHOPS None, 7. APPOINTMENTS None. B. CONSENT CALENDAR Minutes: a, Approval of minutes of the August 14, 2013, Regular City Council Meetings, Payments: b. Receive and file department payments from August 2, 2013, to August 28, 2013, In the amount of $18,465,878.88 and self- Insurance payments from August 2, 2013, to August 28, 2013, in the amount of $636,167,95 totaling $19,102,046.83. Ordinances: C. Adoption of Ordinance amending the Official ORD 4736 Zoning Map in Title 17 of the Municipal Code by changing the zone district from A (Agriculture) to R -1 (One Family Dwelling) on 77 acres, located at the southeast corner of Seventh Standard Road and Calloway Drive, (ZC# 13- 0136 - McIntosh & Associates representing Kern Land Partners, LLC), (FR 08/14/13) d. Adoption of Ordinance amending the Official ORD 4737 Zoning Map in Title 17 of the Municipal Code by changing the zone district from Planned Unit Development to Revised Planned Unit Development on 4.65 acres, located at the southwest corner of Ming Avenue and Gosford Road. A previously adopted Negative Declaration for PUD /ZC # 06 -0332 applies to this project. (ZC# 13 -0166 - McIntosh & Associates representing Castle & Cooke California, Inc„ and University Park Community Association), (FR 07/17/13) 17 C 3 Bakersfield, California, September 11, 2013 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN Resolutions: e. Resolution confirming approval by the City RES 109 -13 Manager designee 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 certain weeds, debris and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. f. Replacement of aeration blower at Wastewater Treatment Plant No. 3; 1. Resolution determining that a certain RES 110 -13 Siemens replacement aeration blower at Wastewater Treatment Plant No. 3 cannot be obtained through the usual bidding procedures because of the need to Integrate blower into the existing treatment plant process and authorizing the Finance Director to dispense with bidding therefor, not to exceed $350,000. 2. Appropriate $350,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement budget, g. Resolution determining that certain Motorola radio equipment cannot be obtained through RES 111 -13 usual bidding procedures because of the need to integrate Into the existing Police Department Communications Center radio Infrastructure and authorizing the Finance Director to dispense with bidding therefor, not to exceed $80,000. h. Resolution dispensing with bidding procedures RES 112 -13 due to urgent necessity to operate the animal shelter, 17%P1 Bakersfield, California, September 11, 2013 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN New and Revised Job Specification, Change to Salary Schedule and Reclassification: Amendment No. 1 to Resolution RES079 -13(1) No. 079 -13 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Community Development Technician and Associate Planner 1 /I1. 2. Revised Job Specification: Building Inspector 1 /II #27140/#27080; Building Inspector III- Generallst # 58600; Building Inspector III - Electrical Specialist # 58610; Building Inspector III - Plumbing and Mechanical #58620; Principal Planner # 59890, 3. Title Change: Community Development Technician # 25030. 4. New Job Specification: Associate Planner 1 /11 # 25040/# 27060, 5. Reclassification: Assistant Planner, Development Assistant and Development Associate to Associate Planner 1 /11 and Building Permit Technician and Planning Technician to Community Development Technician. Revised Job Specifications and Change to Salary Schedule: 1. Amendment No. 1 to Resolution RES 080 -13(1) No. 080 -13 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Information Technology Supervisor. 2. Revised Job Specification: Engineering Technician I # 25270. 3. Title Change and Revised Job Specification: Information Technology Supervisor # 57160. 17 %5 Q Bakersfield, California, September 11, 2013 - Page 8 CONSENT CALENDAR continued k, Sewer connection fee assessment for 4921 Elysium Street: Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector, 2. Agreement with Lara D, Bass, to pay sewer connection fee In installments, Sewer connection fee assessment for 3825 Green Hills Street: 1, Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector, 2. Agreement with Theodore R, and Tracy A. Merickel, to pay sewer connection fee in Installments, M. Sewer connection fee assessment for 1921 Wade Avenue: Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Margaret J. Lancaster, to pay sewer connection fee In installments, n. Sewer connection and construction fee assessments: 1. Resolution confirming assessments for sewer connection and construction fees and authorizing collection of assessments by the Kern County Tax Collector, ACTION TAKEN RES 113 -13 AGR 13 -144 RES 114 -13 AGR 13 -145 RES 115 -13 AGR 13 -146 RES 116 -13 Bakersfield, California, September 11, 2013 - Page 9 8. CONSENT CALENDAR continued Item 8.n. continued 2. Agreements with the following property owners to pay sewer connection and construction fees in Installments through the Kern County Tax Collector: a, Tom Morreale, 21 Dunlap Street, b. April Elaine Castro, 148 Morrison Street, C. Deanna L. Mclnnerney, 4100 Joseph Drive, o. Resolutions adding the following territories to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Reports and authorizing collection of assessments by the Kern County Tax Collector: Area 4 -116 (2512 Oswell Street). 2. Area 4 -117 (910 O Street). P. Resolutions of Intention adding the following territories to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting Public Works Director's Report for each: ROI No. 1760 adding Area 2 -54 (I 100 Valhalla Drive). 2. ROI No. 1761 adding Area 5 -68 (2100 Panama Lane), Agreements: q. Consultant Agreement with Niemeyer & Associates, P.C. ($150,000), for Bakersfield Amtrak Railroad Track Inspection Services for the four year period beginning October 1, 2013, through September 30, 2017, r. Planned Drainage Area Reimbursement Agreement with Rio Bravo Investment Group, LLC (not to exceed $44,993), for Improvements constructed within the Shalimar Planned Drainage Area, ACTION TAKEN AGR 13 -147 AGR 13 -148 AGR 13 -149 RES 117 -13 RES 118 -13 ROI 1760 ROI 1761 AGR 13 -150 AGR 13 -151 17P-'6 17%7 Bakersfield, California, September 11, 2013 - Page 10 CONSENT CALENDAR continued S. Final Tract Map and Maintenance Agreement with Shaw Property, Inc., for Tract 6390 Phase 1 located south of Berkshire Road and east of Assert Street. (continued from the 08/14/13 meeting). t. New Habitat Conservation Plan; 1. Agreement with California Department of Fish and Wildlife ($694,852), to receive funds and continue preparation of the plan. 2. Amendment No. 1 to Agreement No. 12 -022 with ICF Jones & Stokes ($684,683), to plan and prepare documentation that will be used for the plan. 3. Appropriate $694,852 California Department of Fish and Wildlife Grant to the Community Development's Operating budget in the Capital Outlay Fund. U Amendment No. 1 to Agreement No. 11 -128 with Gene Bogart (extending term one year), to allow the consultant to continue to provide technical assistance to the Water Resources Department. V. Major Overhaul and Repair of Centrifuge No. 4 at Wastewater Treatment Plant No, 3; Amendment No. 2 to Agreement No. 12 -133 with Centrisys Corporation ($125,000; revised not to exceed $325,000), for the project. 2. Appropriate $125,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement budget. ACTION TAKEN AGR 13 -152 AGR 13 -153 ABS JOHNSON AGR 12- 022(1) ABS JOHNSON ABS JOHNSON AGR 11- 128(1) AGR 12- 133(2) W. Contract Change Order No. 1 to Agreement AGR 13 -035 No. 13 -035 with Griffith Company ($10,968.84; CC01 revised not to exceed $865,641.84), for the project known as Street Improvements - Masterson Street from SR 178 to Panorama Drive. 8. Bakersfield, California, September 11, 2013 - Page 11 CONSENT CALENDAR continued ACTION TAKEN Bids: X. Accept bid with Xylem Dewatering Solutions, Inc. ($58,039,25), for two replacement trailer mounted water pumps for the Public Works Department, Streets Division, Y. Accept bid with Cyber Computers ($91,022,50) for one hundred replacement Lenovo desktop computers for the Information Technology Division, Z. Pedestrian Access Improvements - Columbus Street from River Boulevard to Baylor Street and Brundage Lane from Cedar Street to South H Street, 1, Accept bid and approve contract with AGR 13 -154 Mora's Equipment & Construction, ($156,205), for the project, 2. Appropriate $154,000 Transportation Development Act Article 3 Grant funds and appropriate and transfer $25,000 General Fund balance (Property Tax Administration Fee Refund) to the Public Works Department's Capital Improvement budget within the Bikeway and Pedestrian Pathway Fund and the Capital Outlay Fund respectively. aa, Mohawk Street Improvements from Rosedale REMOVED FOR Highway to Siena Lane: SEPARATE CONSIDERATION 1, Accept bid and approve contract with Granite Construction Company, ($3,017,932), for the project. 2. Appropriate $1,000,000 State Local Partnership Program Grant funds and $1,500,000 Transportation Development Fund balance to the Public Works Department's Capital Improvement budget within the Transportation Development Fund, 17P8 17%9 Bakersfield, California, September 11, 2013 - Page 12 8. CONSENT CALENDAR continued Miscellaneous: bb. Department of Housing & Urban Development (HUD), Community Development Block Grant (CDBG), HOME Investment Partnership and Emergency Shelter Grant (ESG) Amendments for Fiscal Year 2013/14 budgets. Appropriate $499,987 federal CDBG grant funds to the Operating and Capital budgets within the CDBG Fund; Appropriate $85,641 federal HOME grant funds to the Operating budget within the HOME fund; and reduce the Emergency Shelter Grant (ESG) Operating budget by $17,074 within the CDBG fund. ACTION TAKEN cc. Appropriate $2,000 contribution from Target ABS JOHNSON Corporation to the Police Department's operating budget in the General Fund to support the BPD's Crime Prevention message at the 2013 National Night Out on August 6, 2013, and to provide Child Passenger Safety Technician Training to Kern County Law Enforcement personnel. dd. Appropriate $8,000 Other State Shared Revenues from the Kern County Remote Access Network (RAN) to the General Fund Police Department Operating budget, to purchase a workstation for the newly created Latent Print Examiner positions and to provide latent print training to BPD Crime Lab personnel. ee. Appropriate $20,000 Federal Grant Revenue to the Fire Department Operating budget within the Metropolitan Medical Response System Fund for Hazardous Materials Specialist Training. ff. Transfer and appropriate $19,000 General Fund balance (Property Tax Admin Fee Refund) to the Recreation and Parks Capital Improvement budget within the Capital Outlay Fund for the installation of synthetic turf at the City Hall North. gg. City position on 2013 Proposed League of California Cities Resolutions. Bakersfield, California, September 11, 2013 — Page 13 8. CONSENT CALENDAR continued Successor Agency Business: hh, Receive and file successor agency payments from August 2, 2013, to August 28, 2013, in the amount of $43,210.10. City Clerk Gafford announced a staff memorandum has been received regarding item 8.c. Councilmember Johnson announced that he would abstain, due to conflict of interest, perception of a conflict on items 8.t. and 8.aa.; and source of income to his spouse on item 8.cc. Councilmember Maxwell requested that Item 8.aa. be removed for separate consideration. Motion by Vice -Mayor Weir to adopt Consent Calendar items 8.a. through 8.hh., with the removal of item 8.aa. for separate consideration. aa, Mohawk Street Improvements from Rosedale Highway to Slena Lane; 1. Accept bid and approve contract with Granite Construction Company, ($3,017,932), for the project, 2. Appropriate $1,000,000 State Local Partnership Program Grant funds and $1,500,000 Transportation Development Fund balance to the Public Works Department's Capital Improvement budget within the Transportation Development Fund. Motion by Councilmember Maxwell to adopt Consent Calendar item 8.aa. 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing on Resolution of Necessity to determine the public interest and necessity for acquisition of certain real property located at the southwest corner of Rosedale Highway and Coffee Road (Code CIV, Proc. §1240.010). (Staff recommends adoption of Resolution.) ACTION TAKEN APPROVED AGR 13 -155 APPROVED ABS JOHNSON RES 119 -13 179 1791. a Bakersfield, California, September 11, 2013 - Page 14 CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN b. Public Hearing to consider a Resolution to RES 120 -13 Amend Development Agreement No, 07 -310 AGR 07- 310(1) with Castle & Cooke California Inc, and Bolthouse Properties LLC„ for the West Ming Specific Plan, (Staff recommends adoption of the Resolution and approval of amendment to the Agreement.) Consent Calendar Public Hearings opened 6:29 p.m, No one spoke. Consent Calendar Public Hearings closed at 6:30 p,m, Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar Public Hearings items 9.a. and 9.b. 10. HEARINGS None. 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS a, Formation of the City Police and Fire Services Community Facilities District No, 2013 -1 Finance Director Smith provided an overview of the formation of the District, City Attorney Gennaro provided an overview of the hearing process. 1, Public Hearing on the following: a, Formation of the City Police and Fire Services Community Facilities District No, 2013 -1 (West Ming Specific Plan) (the "CFD "); b. Extent of the CFD; C. Furnishing of specified types of services within the CFD; and d. Proposed rate and method of apportionment of the special tax to be levied within the CFD. 13. Bakersfield, California, September 11, 2013 - Page 15 NEW BUSINESS continued ACTION TAKEN Item 13,a, continued The public report prepared by Koppel & Gruber, Public Finance has been made available for review prior to the public hearing and will be Incorporated Into the record of the public hearing. Public Hearing opened at 6;35 p.m, No one spoke. Public Hearing closed at 6;35 p,m, 2. Adopt a Resolution to Form a RES 121 -13 Community Facilities District and to levy a special tax for the City Police and Fire Services Community Facilities District No, 2013 -1 (West Ming Specific Plan), City Clerk Gafford announced that the City has received no written protests regarding formation of the District, the furnishing of a specified type or types of services within the District, or the levying of the specified special tax within the District. City Attorney Gennaro made staff comments and recommended adoption of the Resolution forming the CFD and levying the special tax as described previously by Finance Director Smith, as well as in the Administrative Report, Motion by Vice -Mayor Weir to adopt the APPROVED Resolution. 3. Adopt a Resolution of the City calling RES 122 -13 special mailed - ballot election In City Police and Fire Services Community Facilities District No, 2013-1 (West Ming Specific Plan). City Attorney Gennaro made staff comments and recommended adoption of the Resolution calling for a special mailed - ballot election of existing property owners within the CFD. Motion by Vice -Mayor Weir to adopt the APPROVED Resolution. 1792 1793 Bakersfield, California, September 11, 2013 - Page 16 13. NEW BUSINESS continued ACTION TAKEN Item 13,a. continued 4. Adopt a Resolution of the City declaring RES 123 -13 election results in Its City Police and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific Plan), on September 11, 2013. City Clerk Gafford announced that ballots have been received from all qualified electors affected by the Measure; the Measure was approved with 2,180 votes cast in favor, and "0" no votes, which represents 100 percent voter approval for the Measure. City Attorney Gennaro made staff comments and recommended adoption of the Resolution declaring the results of the election, as stated by the City Clerk, of the existing property owners within the CFD. Motion by Vice -Mayor Weir to adopt the APPROVED Resolution. 5. First Reading of Ordinance levying a FR special tax for the Fiscal Year 2013 -2014 and following Fiscal Years solely within and relating to the City Police and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific Plan). City Attorney Gennaro made staff comments and recommended First Reading of the Ordinance levying the special tax within the CFD. Motion by Vice -Mayor Weir to give First APPROVED Reading of the Ordinance. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Smith asked that the recent City policy of requiring bonds to have improvement plans signed be referred to the Planning and Development Committee for discussion. 1794 Bakersfield, California, September 11, 2013 - Page 17 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Sullivan advised she has had numerous comments from people who are enjoying the new Westside Parkway, Councilmember Sullivan pointed out that today is September 11 th, and is the 12th anniversary of the attack on the World Trade Center in New York City, the Pentagon in Washington, D.C., and Flight 93, which crashed in a Pennsylvania field; and that the events must never be forgotten, and she urged everyone to remember those who were lost and their families, Mayor Hall announced that he was sworn In as Mayor on January 2, 2001, and he enjoys it as much today as he did on the very first day; and that he enjoys serving the people of Bakersfield and doing whatever he can to make life better In the City. 15. ADJOURNMENT Mayor Hall adjourned the meeting at 6:46 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex OfflocUCIerk of the Council of the City of Bakersfield 17IS 5 Bakersfield, California, September 11, 2013- Page 18 * ** *THIS PAGE INTENTIONALLY LEFT BLANK * * **