HomeMy WebLinkAbout11/06/13 CC MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 6, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m,
REGULAR MEETING - 5:15 p.m,
1. ROLL CALL
Present: Mayor Hail, Councilmembers Rivera,
Maxwell, Smith, Hanson, Sullivan, Johnson
Absent: Vice -Mayor Weir
a, Introduction of student body representatives
participating in the 59th consecutive Teen
Government Day,
Ben Ward, East Bakersfield High School; Alyssa
Wright, Highland High School; Sophia Busacca,
Liberty High School; Alexandra Machuca, South
High School; Shane Dozier, North High School;
Evie Enderle, Stockdale High School; Drew
Holliday, Frontier High School; Amalrany Melo,
Mira Monte High School; Austin Huckaby,
Bakersfield Christian High School; Ana Zamudlo,
Foothill High School; Yuitzin Angeles, Golden
Valley High School; Bridget Dunphy, Bakersfield
High School; and All Champness, Garces
Memorial High School,
2. INVOCATION by Pastor Rick Prevost, Fellowship Baptist
Church,
3. PLEDGE OF ALLEGIANCE by Councilmember Hanson.
Mayor Hall acknowledged the students from the Bakersfield
College and the California State University, Bakersfield,
Political Science classes in attendance at the meeting to
learn about City government.
ACTION TAKEN
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Bakersfield, California, November 6, 2013 - Page 2
4. PRESENTATIONS ACTION TAKEN
a, Presentation by Mayor Hall of a Certificate of
Appreciation to Jay Escover, Lassen's Store
Manager, for supporting and contributing to
the success of Make a Difference Day over the
past eight years.
Mr, Escover accepted the Certificate and
made comments.
b. Presentation by Mayor Hall of a Proclamation to
Jeffery Pickering, President and CEO of the Kern
Community Foundation, declaring
December 3, 2013, Giving Day.
Mr, Pickering accepted the Proclamation and
made comments,
5. PUBLIC STATEMENTS
a. Robert Braley spoke regarding the Centennial
Corridor Project, feels this project should be put
before the voters and that it should be
separated from all the others; and he submitted
written material.
6. WORKSHOPS
None,
7. APPOINTMENTS
None,
8. CONSENT CALENDAR
Minutes:
a, Approval of minutes of the October 16, 2013,
Regular City Council Meetings,
Payments:
b. Receive and file department payments from
October 3, 2013, to October 24, 2013, in the
amount of $24,957,690,51 and self- insurance
payments from October 3, 2013, to October 24,
2013, in the amount of $524,773.61, totaling
$25,482,464.12.
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Bakersfield, California, November 6, 2013 - Page 3
8. CONSENT CALENDAR continued ACTION TAKEN
Ordinances:
C, First Reading of Ordinance amending the FR
Official Zoning Map in Title 17 of the Municipal
Code by changing the zone district from R -1
(One - Family Dwelling Zone) to P.U.D. (Planned
Unit Development Zone) on 6.25 acres located
at 6901 Ming Avenue. A categorical
exemption applies to this project. (ZC # -13 -0260
- In -Shape Health Clubs, LLC, representing
Bakersfield Ming LLC).
d. First Reading of the following Ordinances
amending various sections of the Municipal
Code;
1. Amending Section 2.04.100 relating to FR
Public Statements at City Council
Meetings.
2. Amending Section 2.62.030 relating to FR
Term of Office of Keep Bakersfield
Beautiful Members.
3. Amending Section 3.40.040 relating to FR
Reports and Remittances for Transient
Lodging Tax,
4. Amending Chapter 3.40 by adding FR
Section 3.40.140 relating to Disclosure of
Confidential Information,
5. Amending Section 5.02.010, subsection E, FR
relating to Business License Tax
Definitions,
6. Adding Chapter 10.66 relating to Access FR
to Freeways, Expressways or Designated
Portions thereof.
7. Amending Section 12.16.140 relating to FR
Security Requirements for Construction
Work in Streets.
8. Amending Section 12.56.020, subsection FR
E, relating to Community Parks.
9. Amending Section 13.12.030, subsection FR
B, relating to Development Improvement
Standards and Specifications.
8.
Bakersfield, California, November 6, 2013 - Page 4
CONSENT CALENDAR continued
Item 8.d. continued
10. Amending Chapter 14.04, Sections
14.04.011 and 14.04.240, subsection A.
relating to Water Service Areas and
Installation of Water Service
Connections.
11. Deleting Section 14.24.050 relating to Pits.
12. Amending Chapter 15.79 relating to
Density Bonuses,
13, Amending Section 16.32.060, subsection
D, relating to Payment of Fees for
Planned Drainage Facilities,
14. Amending Section 17.08.125 relating to
Street Setback Exceptions,
15, Amending Sections 17.58.110,
subsections C and E, and 17.58.210
relating to Parking Space Requirements.
e. Adoption of Ordinance amending Chapter
15.65 of the Municipal Code relating to the
California Fire Code. (FR 10116113)
f. Adoption of Ordinance amending Chapter
14.12 Title 14 of the Municipal Code relating to
sewers. (FR 10116113)
Resolutions:
g. Resolution confirming approval by the City
Manager designee of the Chief Code
Enforcement Officer's report regarding
assessments of certain properties In the City for
which structures have secured against entry or
for the abatement of certain weeds, debris and
waste matter and the demolishment of
dangerous buildings and authorizing collection
of the assessments by the Kern County Tax
Collector,
ACTION TAKEN
FR
REMOVED BY STAFF
REMOVED FOR
SEPARATE
CONSIDERATION
FR
FR
FR
ORD 4739
ORD 4740
RES 140 -13
8.
Bakersfield, California, November 6, 2013 - Page 5
CONSENT CALENDAR continued ACTION TAKEN
h. American Public Works Association REMOVED FOR
Accreditation Process; SEPARATE
CONSIDERATION
1. Resolution determining that the
Bakersfield City Council supports the
Public Works Department pursuing the
American Public Works Association
(APWA) Accreditation Process.
2. Agreement with the Accreditation
Council, a Division of the American
Public Works Association (APWA),
($20,200 plus direct costs associated with
on -site evaluation) to undergo the APWA
Accreditation Process,
Amendment No. 8 to Agreement No. 97 -39 with
California Public Employees' Retirement System
(CalPERS),
1. Resolution of Intention to approve RES 142 -13
amendment to the contract with
California Public Employees' Retirement
System,
2. First Reading of Ordinance authorizing FR
an amendment to the contract with the
Board of Administration of the California
Public Employees' Retirement System to
provide Section 21548 (pre- retirement
option 2W Death Benefit) for local police
safety members.
Agreements:
Reimbursement Agreement with North Kern
Water Storage District (not to exceed $53,861) AGR 13 -179
for City's pro -rata share of costs to participate
In Kern River Weather Modification Program for
the 2013/2014 season.
k. Agreement with Siemens Corporation AGR 13 -180
($310,000) for furnishing and installing an
aeration blower for Wastewater Treatment
Plant No. 3.
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Bakersfield, California, November 6, 2013 - Page 6
CONSENT CALENDAR continued
Settlement Agreement and Release of all
Claims with MGE Underground, Inc.
($257,743,17 funded with Transportation
Development Funds; release of $217,320.70
In retention), for work performed on the
Westside Parkway, Phase 6A, Relocation of
Utilities Project, (TRIP)
M. Street Utility Cut Guarantee Agreement with
Vaughn Water Company, in which water
purveyor guarantees the quality of Its work
repairing City streets after Installing, replacing or
repairing purveyor's water lines within City
streets,
n. License Agreement with East Niles Community
Services District, for locating water lines and an
access road in conjunction with the Morning
Drive Interchange Project through City parcel
(APN 434 - 010 -06). (TRIP)
o. Amendment No. 2 to Agreement No, 13 -062
with Cen -Cal Construction ($150,000; revised
not to exceed $609,164,60 and extend term six
months) for the construction of HUD curb and
gutter.
P. Amendment No. 1 to Agreement No, 12 -151
with Toter, LLC ($3,487,662,75; revised not to
exceed $6,975,325.50 and extending term one
year), for continuing the supply of refuse,
recycling and green waste carts.
q. Contract Change Order No, 1 to Agreement
No, 13 -094 with Brown and Fowler Construction,
Inc. ($19,178; revised not to exceed $350,178),
for the Beale and Saunders Parks Playground
Rehabilitation Project,
Bids:
Miscellaneous:
Appropriate $100,000 additional construction
Inspection revenue to the Public Works
Department's Operating Budget within the
Development Services Fund for construction
inspection services related to development
activity,
ACTION TAKEN
AGR 13 -181
AGR 13 -182
AGR 13 -183
AGR 13- 062(2)
AGR 12- 151(1)
AGR 13 -094
CCO1
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Bakersfield, California, November 6, 2013 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
S. Appropriate $223,200 Transportation
Development Act Article 3 Grant Funds and
appropriate and transfer $24,800 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, for bike lane
Improvements on Akers Road between McKee
Road to Wilson Road.
Appropriate $215,569 Federal Grant Revenues
(Selective Traffic Enforcement Program Grant
from the State Office of Traffic Safety) to the
General Fund Police Operating Budget, to fund
overtime for traffic enforcement strategies and
to purchase equipment and services for the
Traffic Division.
U. Appropriate $43,942 Federal Grant Revenues to
the General Fund Police Operating Budget, to
fund the "A Life Interrupted" Program,
V. Appropriate $130,000 Federal Grant Revenues
(Fiscal Year 2013 -14 Sobriety Checkpoint Grant
Award from the State Office of Traffic Safety) to
the General Fund Police Operating Budget, to
fund overtime for DUI Checkpoints in the Traffic
Division.
W. Appropriate $195,000 Federal Grant Revenues
to the General Fund Police Operating Budget,
to fund the Kern Avoid the 18 DUI Campaign,
X, Appropriate $100,000 County Grant Revenues
to the General Fund Police Operating Budget,
to provide funding to deter, investigate and
prosecute real estate fraud crimes.
Y. Appropriate $154,003 Federal Grant Revenues
(2013 JAG /Byrne Local Grant from the Bureau
of Justice Assistance) to the General Fund
Police Operating Budget, to provide overtime
for BPD School Resource Officers and Targeted
Case Management services, in partnership with
Project 180, to assess and respond to
Internal/external threats in schools and to
reduce truancy.
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Bakersfield, California, Novemb8r 6, 2013 - Page 8
CONSENT CALENDAR continued ACTION TAKEN
Z. Homeland Security FY2013 Grant:
1. Accept Federal Grant for $16,500 for
FY2013 Homeland Security Grant,
2. Approve appropriation of $16,500 FY2013
Homeland Security Grant funds to the
Fire Department Operating Budget
within the General Fund for Hazardous
Material Training.
aa. Quitclaim deed to correct legal description at DEED 7713
the southwest corner of Olive Drive and
Calloway Road.
City Clerk Gafford announced that a memorandum
from staff has been received requesting Item 8.d.11.
be pulled from the Agenda.
Councilmember Maxwell requested that items 8.d.12.
and 8.h. be removed for separate consideration.
Motion by Councilmember Hanson to adopt Consent APPROVED
Calendar items 8.a. through 8.aa., with the removal of AB WEIR
items 8.d.12. and 8.h. for separate consideration; and
with the removal by staff of item 8.d.11.
h, American Public Works Association
Accreditation Process:
Resolution determining that the RES 141 -13
Bakersfield City Council supports the
Public Works Department pursuing the
American Public Works Association
(APWA) Accreditation Process,
2. Agreement with the Accreditation AGR 13 -178
Council, a Division of the American
Public Works Association (APWA),
($20,200 plus direct costs associated with
on -site evaluation) to undergo the APWA
Accreditation Process.
In response to questions from Councilmember
Maxwell, Public Works Director Rojas explained the
accreditation process and the benefits for the City.
Motion by Councilmember Maxwell to adopt Consent APPROVED
Calendar item 8.h. AB WEIR
Bakersfield, California, November 6, 2013 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
d. First Reading of the following Ordinances
amending various sections of the Municipal
Code:
12. Amending Chapter 15.79 relating to FR
Density Bonuses.
In response to questions from Councilmember
Maxwell, Community Development Director Mclsaac
clarified the reasons for the language changes to
Chapter 15.79 of the Municipal Code.
Motion by Councilmember Maxwell to adopt Consent APPROVED
Calendar item 8.d.12. AB WEIR
Mayor Hall recessed the meeting at 5:46 p.m. and
reconvened the meeting at 5:54 p.m.
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider the proposed
expenditure plan for the 2013 -14 Supplemental
Law Enforcement Services Funding (S.L.E.S.F.).
(Staff recommends approval of the proposed
expenditures and appropriations.)
1. Appropriate $570,016 State Grant
revenues to the Police Operating
budget within the S.L.E.S.F. Fund.
b. First Reading of Ordinance amending Sections FR
15.04, 15.05, 15.07, 15.09, 15.11, 15.13, 15.15,
15.17 and 15.19 of the Municipal Code relating
to the Building and Construction codes,
specifically the California Building Code,
Mechanical Code, Plumbing Code, Electrical
Code, Existing Building Code, Historical Building
Code, California Residential Code and
California Green Building Code, 2013 editions.
(Staff recommends First Reading of Ordinance.)
Consent Calendar Public Hearings opened at
5:54 p.m.
No one spoke.
Consent Calendar Public Hearings closed at 5:55 p.m.
Motion by Councilmember Hanson to adopt Consent APPROVED
Calendar Public Hearings items 9.a. and 9.b. AB WEIR
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Bakersfield, California, November 6, 2013 - Page 10
HEARINGS
None,
REPORTS
a. Report regarding the Cul -de -Sac Project, south
of 24th Street.
City Clerk Gafford announced that
correspondence was received from Darlene
Vangel, Vanessa Vangel, and Lamar Kerley
regarding this item.
Public Works Director Rojas made staff
comments and provided a PowerPoint
presentation.
The following Individuals spoke In support of the
cul -de -sacs; Dominique Minaberrigarai, Wayne
Kress, and Michael Hawkesworth.
The following individuals spoke in opposition to
the cul -de -sacs; Anne Seydel and Vanessa
Vangel.
Motion by Councilmember Hanson to continue
this item to the December l lm Council meeting
for further discussion and possible action at that
time.
Councilmember Maxwell offered a friendly
amendment to bring this matter back to the full
Council in January.
Motion by Councilmember Johnson to receive
and file the Report.
City Attorney Gennaro clarified that the motion
on the table at the current time and that takes
priority over another motion Is by
Councilmember Hanson, with the friendly
amendment from Councilmember Maxwell,
which is to continue the topic to a further
meeting of the full Council.
Motion by Councilmember Hanson, with the
friendly amendment from Councilmember
Maxwell, to continue this item and bring It back
to the full Council in January for further
discussion and possible action at that time.
ACTION TAKEN
APPROVED
NOES JOHNSON,
SMITH
AB WEIR
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Bakersfield, California, November 6, 2013 — Page 11
12. DEFERRED BUSINESS ACTION TAKEN
None.
13. NEW BUSINESS
a. Resolution setting the dates of Regular City RES 143 -13
Council Meetings, Budget Hearings, and
Department Budget Presentations for January
through December 2014,
City Manager Tandy made staff comments and
recommended adoption of the Resolution,
Councilmember Hanson advised he has a conflict in
October and requested that date be leff in abeyance
until he has a chance to meet with Vice -Mayor Weir.
Councilmember Johnson advised he will be voting
against the 3:30 p.m. start time for Closed Session.
Motion b Councilmember Hanson to adopt the APPROVED
y p NOES JOHNSON
Resolution. AB WEIR
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Rivera requested a meeting with staff
from the City Attorney's Office, Code Enforcement,
and some of the larger grocery stores in Ward 1 to
tackle the issue of cleaning up the grocery carts in
southeast Bakersfield.
Councilmember Johnson asked staff to look into the
feasibility of constructing a spray park in Ward 7.
Councilmember Maxwell asked that a task force be
put together to solve some of the problems with regard
to nefarious activity and unseemly people in the area
of 191h and M streets, at the hotel on the northwest
corner.
Councilmember Maxwell asked that the City Manager
provide an accounting of the $80 million figure it
would cost the City to stop any of the TRIP projects and
to provide documentation that substantiates that
claim.
Councilmember Smith thanked staff for applying for
and getting the Transportation Development Act funds
for bikeways on Akers Road.
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Bakersfield, California, November 6, 2013 - Page 12
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Hanson advised that he would like to
see the littering fines be made as stiff as possible.
Councilmember Hanson asked about the work being
done by Shell Oil in front of a restaurant and was
advised by staff that the work is going to be done at
night so as not to impact the business.
Mayor Hall provided an update on the progress being
made with the various litter pickup programs, pointing
out that almost 60 tons of litter were collected in
October, and acknowledged the efforts of the various
organizations, volunteers, and sponsors involved in this
effort.
Mayor Hall congratulated Fire Chief Greener on his 25
years of service and acknowledged the outstanding
contributions that he has made to our City through his
leadership with the Fire Department.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:01 p.m.
MAYOR of the City of
ATTEST;
CITY CLERK and Ex Officlo C of
the Council of the City of B kersfield