HomeMy WebLinkAbout11/05/14 CC MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBERS, 2014
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings - 3:30 p,m, and 5:15 p.m.
REGULAR MEETING - 3:34 p.m, ACTION TAKEN
1. ROLL CALL
Present: Vice -Mayor Weir, Councilmembers
Rivera, Maxwell, Smith, Sullivan (seated
3:43), Johnson
Absent: Mayor Hall, Councilmember Hanson
2. PUBLIC STATEMENTS
a, Joel Park, representing the American Legion
Post 26, spoke in support of changing the local
regulations in place to allow for a remote call
bingo system,
Councilmember Johnson requested that this matter be
referred to the Legislative and Litigation Committee.
3. WORKSHOPS
None.
4. CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed session pursuant to
Government Code section 54956.9(d)(2),(e)(1)
(three matters).
Motion by Councilmember Smith to adjourn to Closed APPROVED
Session at 3:37 p.m. AB HANSON
Motion by Councilmember Maxwell to adjourn from APPROVED
Closed Session at 5:30 p.m. AB HANSON
Meeting reconvened at 5:33 p.m.
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Bakersfield, California, November 5, 2014 - Page 2
5. CLOSED SESSION ACTION ACTION TAKEN
a, Conference with Legal Counsel - Potential STAFF WAS GIVEN
Litigation; Closed session pursuant to DIRECTION
Government Code section 54956,9(d)(2),(e)(1)
(three matters).
lj _\IILi111 kiIIT ,41
Vice -Mayor Weir adjourned the meeting at 5:34 p.m.
-- 51��
MAYOR of the City of 134keAfleld, CA
ATTEST:
CITY CLERK and Ex Offici Jerk of
the Council of the City of Bakersfield
REGULAR MEETING -5;35 p,m,
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Rivera, Maxwell, Smith,
Sullivan, Johnson
Absent: Councilmember Hanson
a. Introduction of student body representatives
participating in the 60th consecutive Teen
Government Day,
Hannah Contois, Centennial High School;
Elizabeth McMurray, Liberty High School; Renee
Senining, Garces Memorial High School; Jose
Heredia, Highland High School; Rachel Parller,
Ridgeview High School; Maria Diaz Arron, South
Bakersfield High School; Joseph Barna, Frontier
High School; Emily Bloom, Bakersfield High
School; Anycia Reyes, East Bakersfield High
School; Jason Whalen, West Bakersfield High
School; Marie Zapatta, Independence High
School; Grace Carlson, Centennial High School,
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Bakersfield, California, November 5, 2014 - Page 3
2. INVOCATION by Pastor Steve Yeary, Family ACTION TAKEN
Community Fellowship.
3. PLEDGE OF ALLEGIANCE by Camy Coston, 6th Grade
Student, Lakeside School.
Mayor Hall acknowledged the students from the Bakersfield
College Political Science class in attendance at the meeting
to learn about City government,
4. PRESENTATIONS
a, Presentation by Mayor Hall of a Proclamation to
Kristie Coons, Kern County Library Coordinator,
Community Outreach Initiatives, declaring
November, 2014, Our Veterans, Our
Communities Month.
Ms, Coons accepted the Proclamation, made
comments, and submitted written material,
Mayor Hall reminded the Council and the
audience that the Annual Veteran's Day Parade
will take place next Tuesday morning and will
begin at the intersection of 22nd Street and Eye
Street.
b. Presentation by Mayor Hall of a Proclamation to
Jesus Garcia, Board Member of the Central
California Urban Regional Information Systes
Association, and Katie Reed, City of Bakersfield
GIS Department Supervisor, declaring
November 12, 2014, Geographic Information
Systems Day,
Mr, Garcia and Ms, Reed accepted the
Proclamation and made comments,
5. PUBLIC STATEMENTS
a. The following individuals spoke regarding
forced organ harvesting in China: Simone
Young; Dr, Dana Churchill, West Coast
representative for the Doctors Against Forced
Organ Harvesting; and Thanh Le (submitted
written material).
c.iUa
Bakersfield, California, November 5, 2014 — Page 4
5. PUBLIC STATEMENTS continued ACTION TAKEN
d. Dennis Fox spoke regarding the history of the
formation of the Mosquito District.
e. Charles Alvarado, of USA visionary,
introduced himself,
Mayor Hall recessed the meeting at 6;15 p.m. and
reconvened the meeting at 6;21 p.m.
6. WORKSHOPS
None,
7. APPOINTMENTS
a. One appointment to the Kern Mosquito and
Vector Control District due to the expiration of
term of Dr, Brandon Hawkins, whose term
expired December 31, 2013.
City Clerk Gafford announced that one
application was received from Florn Core.
Motion by Vice -Mayor Weir to appoint Flom Core to APPROVED
the Kern Mosquito and Vector Control District board, AB HANSON
term to expire on December 31, 2015.
Mayor Hall advised the Council that Florn Core served
29 years with the City of Bakersfield, in the Water
Department, from 1980 to 2009; and stated that Mr.
Core is a most worthy appointment and commended
the Council for the appointment.
B. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the October 22, 2014,
Regular City Council Meetings.
Payments:
b. Receive and file department payments from
October 10, 2014 to October 23, 2014 in the
amount of $15,928,380.40 Self Insurance
payments from October 10, 2014 to October
23, 2014 in the amount of $312,405.85 totaling
$16,240,786.25
Bakersfield, California, November 5, 2014 - Page 5
8. CONSENT CALENDAR continued
Ordinances:
C. Adoption of the following Ordinances
amending various sections of the Municipal
Code: (FR 10/22/14)
1. Amending Section 5.32,160, Subsection
Y, relating to Regulations for
Massage /Bodywork Establishments,
2, Amending Sections 8,27,010, 8.80, 010,
10.64.020 and 10,64,030 relating to
Abatements, Property Maintenance,
and Abandoned Vehicles,
3. Amending Section 8.35,020 relating to
Illicit Discharges into Stormwater System.
4. Amending Section 9, 16.010 relating to
Prohibited Drinking on Streets,
5. Amending Section 10,69,030 relating to
Permit Applications for Special Events.
6. Amending Section 12,56,055 relating to
Expulsion from City Facilities.
7. Amending Section 15.68,030 relating to
Permit to Locate Mobile Home Parks.
Resolutions:
d. Resolution confirming approval by the City
Manager's 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 the demolishment
of dangerous buildings and authorizing
collection of the assessments by the Kern
County Tax Collector,
e, Resolution determining that an additional
Zamboni model 546 ice resurfacing machine
cannot be reasonably obtained through the
usual bidding procedures and authorizing the
Finance Director to dispense with bidding
thereof, not to exceed $114,000.
ACTION TAKEN
ORD 4790
ORD 4791
ORD 4792
ORD 4793
ORD 4794
ORD 4795
ORD 4796
RES 190 -14
RES 191 -14
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Bakersfield, California, November 5, 2014 — Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
Resolution determining that Taser International
products cannot be reasonably obtained
through the usual bidding procedures and
authorizing the Finance Director to dispense
with bidding thereof, not to exceed $128,000.
g. Alfred Harrell Lift Station:
1. Resolution determining that certain
purchase of WEMCO pumps required for
Alfred Harrell Lift Station cannot be
obtained through the usual bidding
procedures because Flo- Systems, Inc., is
the sole distributor of WEMCO pumps for
the City's geographical area and
authorizing the Finance Director to
dispense with bidding therefore, not to
exceed $135,000.
2. Rescind Resolution No. 155 -13 entitled
"Resolution determining that certain
rebuilding of WEMCO pumps at Alfred
Harrell Lift Station cannot be obtained
through the usual bidding procedures
because Flo- Systems, Inc., is the sole
distributor of WEMCO pumps for the
City's geographical area and authorizing
the Finance Director to dispense with
bidding therefor, not to exceed 100,000."
3. Rescind Agreement No. 13 -205 with Flo -
Systems, Inc„ for rebuilding of WEMCO
pumps at Alfred Harrell Lift Station.
h. Resolution of the City of Bakersfield Declaring its
Intention to Establish the City of Bakersfield
Police and Fire Services Community Facilities
District No. 2014 -1 (Old River Ranch); to Levy a
Special Tax therein to Finance Additional Police
and Fire Services Required by New
Development within the Community Facilities
District.
Resolution of Intention No. 1821 to order the
vacation of a portion of Morning Drive at the
Southeast corner of Morning Drive and Highway
178,
RES 192 -14
RES 193 -14
ROI 1826
ABS SMITH
ROI 1821
Bakersfield, California, November 5, 2014 - Page 7
8. CONSENT CALENDAR continued
Agreements:
Agreement with Schneider Electric (not to
exceed $332,411) to provide a detailed
technical and financial report (Investment
Grade Audit) for energy conservation programs
at Wastewater Treatment Plants No. 2 and No,
3.
k. Final Map and Improvement Agreement with
Froehlich Signature Homes, for Tract 7231,
Phase 1, located north of Taft Highway and
west of Wible Road,
Final Map and Improvement Agreement with
Froehlich Signature Homes, for Tract 7231,
Phase 2, located north of Taft Highway and
west of Wible Road.
M, Amendment No, 1 to Agreement No. 14 -040
with Construction Protective Services, Inc„
($55,000; revised not to exceed $148,500) for
security services at Creekview Villas, 1300 R
Street.
n. Contract Change Order Nos, 7 and 12 to
Agreement No. 13 -140 with Security Paving
Company ($73,810,00; revised not to exceed
$14,242,444.92) for the project known as SR -58
GAP Closure (TRIP).
Property Acquisition Agreements - TRIP:
o. Agreement with William Moodie ($247,000) to
purchase real property located at 4309 La
Mirada Drive for the Centennial Corridor
Project.
P. Agreement with Joe Cornejo ($247,000) to
purchase real property located at 4317 La
Mirada Drive for the Centennial Corridor
Project.
q, Agreement with Henry and Elaine Joke, Co-
Trustees of Joke Family Trust ($250,000) to
purchase real property located at 701
Montclair Street for the Centennial Corridor
Project.
ACTION TAKEN
AGR 14 -274
AGR 14 -275
ABS SMITH
AGR 14 -276
ABS SMITH
AGR 14- 040(1)
AGR 13 -140
CCO 7, CCO 12
AGR 14 -277
DEED 8082
AGR 14 -278
DEED 8083
AGR 14 -279
DEED 8084
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1.1
Bakersfield, California, November 5, 2014 - Page 8
CONSENT CALENDAR continued
Agreement with Manning Richards ($131,000) to
purchase real property located at 140 Candy
Street for the Centennial Corridor Project.
Agreement with William and Lynda Bissell
($272,000) to purchase real property located at
4417 La Mirada Drive for the Centennial
Corridor Project.
Agreement with Bakersfield Mountain View
Bravo LLC ($225,000) to purchase real property
identified as APNs 531 - 012 -05 & 14 for the State
Route 178 Widening Project,
U. Agreement with Malladi and Privina Reddy
($130,000) to purchase real property located at
4213 Comanche Drive for the State Route 178
Widening Project.
Bids:
V. Accept bids from Insight Public Sector,
Incorporated ($116,112.81) and SANplicity
($97,212,17) for replacement Juniper@ switches,
Total bid amount is $213,324.98,
W. Accept bid from Lehr Auto Electric
($657,902,25) for 162 Panasonic Toughbook
Laptops for the Police Department,
Accept bid from Cyber Computers, Inc,
($72,794,70), for 162 Panasonic Vehicle Mount
Port Replicators for the Police Department,
Y. Accept bid and approve contract with STL
Landscape, Inc. ($388,000), for median
improvements on Mt, Vernon Avenue from
Columbus Street to University Avenue.
Z. Accept bid and approve contract with Traffic
Development Services ($182,074,70) for traffic
signal and lighting system installation at the
Intersection of Oswell Street and the Eastbound
State Route 58 Off -Ramp Project,
ACTION TAKEN
AGR 14 -280
DEED 8085
AGT 14 -281
DEED 8086
AGR 14 -282
DEED 8087
AGR 14 -283
DEED 8088
AGR 14 -284
AGR 14 -285
8.
a
Bakersfield, California, November 5, 2014 - Page 9
CONSENT CALENDAR continued
Miscellaneous:
Successor Agency Business:
aa. Receive and file Successor Agency payments
from October 10, 2014 to October 23, 2014 in
the amount of $463,78.
City Clerk Gafford announced a staff memorandum
was received transmitting the agreement for item 8.y.
Councilmember Smith announced that he would
abstain due to conflict of interest; applicants are
clients of Councilmember Smith, on items 8.h„ 8.k., 81
Motion by Vice -Mayor Weir to adopt Consent
Calendar items 8.a. through 8.aa.
CONSENT CALENDAR PUBLIC HEARINGS
a. General Plan Amendment /Zone Change 14-
0222; Ken Koss, representing Ken Koss and
Tony Evans, (property owner), has applied
for a general plan amendment and zone
change on 7,28 acres generally located north
of Highland Knolls Drive, east of Fairfax Road.
Resolution adopting a Negative
Declaration,
2. Resolution approving the general plan
amendment changing the land use
designation from LR (Low Density
Residential) to HR (High Density
Residential) on 7.28 acres,
3. First reading of ordinance amending the
Official Zoning Map in Title 17 of the
Municipal Code by changing the zone
district R-1 (One Family Dwelling) to
R -3 /PUD (Multiple Family dwelling/
Planned Unit Development) on 7.28
acres.
ACTION TAKEN
APPROVED
AB HANSON
RES 195 -14
RES 196 -14
Bakersfield, California, November 5, 2014 — Page 10
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
b. U.S Department of Housing and Urban
Development (HUD) Fiscal Year 2014/2015
Action Plan Amendment No. 2:
1, Increase the Dr. Martin Luther King Jr,
Community Center Gym Rehabilitation
Project by $146,858 in Community
Development Block Grant funds to
replace the gymnasium hardwood floor.
2, Transfer $146,858 Capital Outlay Fund
Balance to the Community
Development Block Grant Fund to
reimburse HUD for prior year project costs
deemed ineligible,
Consent Calendar Public Hearings opened at
6:24 p.m,
No one spoke.
Consent Calendar Public Hearings closed at 6:25 p,m.
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar Public Hearings item 9.a. and 9.b. AB HANSON
10. HEARINGS
None.
11. REPORTS
None,
12. DEFERRED BUSINESS
None,
13. NEW BUSINESS
a. Resolution setting the dates of Regular City RES 197 -14
Council Meetings, Budget Hearings, and
Department Budget Presentations for January
through December 2015.
Assistant to the City Manager Huot made staff
comments and recommended adoption of the
Resolution,
n '-'8
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Bakersfield, California, November 5, 2014 - Page 11
13. NEW BUSINESS ACTION TAKEN
In response to a question by Councilmember Maxwell,
Assistant to the City Manager Huot advised that
should the need arise, there is always the ability to
hold a Special City Council meeting with the proper
notice.
Motion by Vice -Mayor Weir to adopt New Business APPROVED
item 13.a. AB HANSON
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Rivera asked that staff look into the
the City establishing a financing program, as the
County has done, that would enable business owners
to finance property and frontage improvements to
through the City's assistance expand or upgrade their
business; he stated that a prime example would be
the businesses located on South Union Avenue who
own vacant lots and would love to build office spaces
or warehouse spaces but cannot do so because they
do not have the money, and he asked that staff
provide a memorandum with their response to his
request.
Vice -Mayor Weir expressed his appreciation to the
voters in Ward 3, and stated that he is very honored
that they have voted him to another four year term;
and that he looks forward to serving another term and
doing some great things.
Councilmember Maxwell requested that Public Works
staff schedule time to sit down with the residents of 24th
Street to discuss with them the actual design of the
street and allow the residents to be a part of the
decision making process, and requested that a
memorandum be prepared stating when that meeting
will be scheduled.
Councilmember Maxwell asked that staff research the
top ten cities and put together a report that answers
the following questions. (1) How many Officers do they
have? (2) How many Officers per capita do they
have? (3) How much crime per capita do they have?
(4) How is the Chief of Police selected? (5) What is their
pay grade; and stated that with every projection of an
increase in population there should be an increase in
the number of Police Officers that we have; and asked
that the City figure out how to increase the number of
Police Officers to commensurate that increase, during
the budget process.
Bakersfield, California, November 5, 2014 - Page 12
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Smith stated that it is great to have
Mayor Hall back and that he was greatly missed; and
thanked the voters and residents of Ward 4 for their
vote and said that he looks forward to continuing to
serve Ward 4 for a full term.
Councilmember Sullivan asked that the City Attorney's
Office evaluate the sample Resolution, provided by
the public speakers who discussed the forced organ
harvesting issue in China, and make a
recommendation as to any action they feel should be
taken.
Councilmember Sullivan expressed how pleased she
was that Mayor Hall is back and wished him well.
Mayor Hall apologized for not being present at the last
meeting and stated how good it feels to hear he has
been missed because it makes him work harder and
want to do a better job.
Mayor Hall announced that during the month of
September, the City enjoyed a 6.1 % unemployment
rate, the lowest percentage of unemployment since
January 2006; and he stated that he is very happy to
report the business prosperity in this community
making it possible for us to enjoy single digit
unemployment.
Mayor Hall announced that there were several
special events and activities for the Bakersfield Sister
City Corporation, during the first week in October; he
expressed gratitude and gave recognition to the
following who were present at some of those events:
Vice -Mayor Weir, who attended the State Dinner, The
Korean Festival, and a meet and greet event with the
delegation from their Sister City in Bucheon, South
Korea; Councilmember Maxwell, who attended the
Korean Festival; Councilmembers Hanson, Johnson,
and Smith, who also attended the meet and greet
event with the delegation.
Bakersfield, California, November 5, 2014 - Page 13
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 6:38 p.m.
�! MAYOR of the City of rsfield, CA
ATTEST;
4wu �14 e'. e
CITY CLERK and Ex Offi laed of
the Council of the City of Bakersfield
ACTION TAKEN
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17 Bakersfield, California, November 5, 2014 — Page 14
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