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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 16, 2011
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Couch,
Councilmembers Salas, Benham, Weir,
Hanson, Johnson
Absent: Councilmember Sullivan
a. Introduction of student body representatives
participating in the 57th consecutive Teen City
Government Day.
Kayla Bernardino, Garces High School; Zach
Rhodes, North High School, Brandon Magno,
Ridgeview High School; Gader Wren, South
High School, Mason Caragao, West High
School, Krystal Bermudez, Golden Valley High
School; Evie Lawson, Independence High
School; Teddie Pierce, Bakersfield High School;
Alex Alvarado (absent), East Bakersfield High
School; Esteban Espinoza, Highland High
School; Karla Murillo, Foothill High School; Leah
Moore, Centennial High School; and Janet
Yoon, Liberty High School.
2. INVOCATION by Pastor Bill Magsig, Olive Drive Church.
3. PLEDGE OF ALLEGIANCE by Andrea Perez, 4th grade
student, Granite Point Elementary School.
Mayor Hall acknowledged the students from the Ridgeview
High School Government class in attendance at the meeting
to learn about City government.
ACTION TAKEN
12 9 8 Bakersfield, California, November 16, 2011 - Page 2
4. PRESENTATIONS ACTION TAKEN
a. Presentation by Caryn Claiborne, Human
Resources Analyst II, to department winners of
the 2011 Excellence in Action Awards and the
Extra Mile Award in recognition of outstanding
service to the City.
Ginger Rubin, City Manager's Office; Patty
Beard, Development Services; Misty Glasco,
Economic and Community Development, Tera
Loveless, Finance, William Ballard and Ernie
Medina, Fire; Dennis Park and Cherie Stephen,
Police; Carlos Arceo and John Wilburn, Public
Works; David Cebreros and Julio Sepulveda,
Recreation and Parks; and Mike Vradenburg,
Water.
The recipient of the Extra Mile Award for 2011
was Connie Walls, Accounting Supervisor,
Financial Services Department.
b. Presentation by Mayor Hall of Proclamation to
Squadron Commander William Keith declaring
December 2011, Civil Air Patrol Month.
Squadron Commander Keith accepted the
Proclamation and made comments.
5. PUBLIC STATEMENTS
a, Ray Scott, Administrator for Price Disposal and
Chairman for the Greater Bakersfield Green
Expo, announced that the City and Keep
Bakersfield Beautiful have received three
national awards including one for Mayor Hall as
Volunteer of the Year.
b. Bill Descary spoke in opposition to the High
Speed Rail project and submitted written
material.
C. Zac Griffin and Tina Chapa, with Bike
Bakersfield, thanked the City for its hard work in
bringing back the AMGEN Tour of California to
Bakersfield next year.
d. Jeff Tayor, Chairman of Save Bakersfield, and
Anil Mehta, spoke in opposition to the High
Speed Rail project, requested a public
meeting, and submitted written material.
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Bakersfield, California, November 16, 2011 - Page 3
5. PUBLIC STATEMENTS continued ACTION TAKEN
Councilmember Hanson asked that this matter
be referred to the Planning and Development
Committee.
Councilmember Johnson stated it would be
more appropriate to come back to the full City
Council as an agendized item.
Councilmember Benham suggested staff
provide suggestions for resolutions that would
communicate the City Council's intentions to
the High Speed Rail Authority, and those
alternatives could be explored by the entire
body.
Vice-Mayor Couch suggested that there be an
alternative to oppose the project in its entirety,
an alternative to move the location of the
station, an alternative to not take action, and
that Council contact staff with any other
recommendations.
Councilmember Hanson announced that he
would rescind his referral.
e. Michael Kennedy with Save Bakersfield spoke in
opposition to the High Speed Rail project,
requested a public meeting, asked the City to
join in a lawsuit against the High Speed Rail
Authority and the existing plans, asked that
letters requesting realignment be sent to the
Authority and the Governor as soon as possible,
and submitted written material requesting a
public meeting.
f. Marvin Dean apologized for having offended
anyone by his comments at the last meeting,
and thanked staff for meeting with him
regarding ward reapportionment.
g. Manooshree Patel, representing Chinmaya
Mission, spoke in opposition to the High Speed
Rail project.
h. Mary Helen Barro spoke in opposition to the
proposed downtown location of the High
Speed Rail.
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Bakersfield, California, November 16, 2011 - Page 4
6. WORKSHOPS ACTION TAKEN
None.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the October 19, 2011
Regular City Council Meeting.
Payments:
b. Receive and file department payments from
October 7, 2011 to November 3, 2011 in the
amount of $34,634,908.68 and self-insurance
payments from October 7, 2011 to November 3,
2011 in the amount of $466,277.62 totaling
$35,101,136.30.
Ordinances:
C. First Reading of Ordinance approving a FR
Negative Declaration and amending the
Official Zoning Map in Title 17 of the Municipal
Code by changing the zone district from E
(Estate) to E-Ch (Estate-Church) on 18.03 acres
located at the northwest corner of Reina and
Old Farm roads (ZC 11-0271 - McIntosh and
Associates, representing the Roman Catholic
Bishop of Fresno).
d. First Reading of the following Ordinances
amending various sections of the Municipal
Code:
1. Section 6.08.010 relating to fowl.
FR
2. Sections 15.65.200, 15.65.210, 15.65.220
FR
and 15.65.230 relating to the fire code.
3. Section 17.04.508 relating to roofline.
FR
4. Section 17.60.060, Section B. 1.f. relating
FR
to sign development standards.
5. Sections 17.60.070, Subsection G.5
FR
relating to electronic signs.
1301
Bakersfield, California, November 16, 2011 - Page 5
8. CONSENT CALENDAR continued
e, Adoption of Ordinance amending Title 17 of
the Municipal Code by changing the zoning
from P (Parking) and R-1 (One Family Dwelling)
to C-2 (Regional Commercial) on a 0.44-acre
portion of an existing shopping center site
located south of Brundage Lane approximately
400 feet west of the intersection of Roosevelt
Street and South Oleander Avenue (ZC 11-0230
- Kern Land Design representing Y. & R. Lamlaor
and W. & R. Johnson). (FR 10/19/11)
Resolutions:
Resolution approving application for
annexation of uninhabited territory to the City
identified as Annexation No. 494 consisting of
24.93 acres located along the northwest corner
of Snow Road and Calloway Drive.
g. Resolution approving application for
annexation of uninhabited territory to the City
identified as Annexation No. 624 consisting of
17.28 acres located along the north side of Taff
Highway and west of Stine Road.
h. 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 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.
Resolution approving current and future
applications for grant funds for the Sustainable
Communities Planning Grant and Incentives
Program under the Safe Drinking Water, Water
Quality and Supply, Flood Control, River and
Coastal Protection Bond Action of 2006 (Prop.
84).
ACTION TAKEN
ORD 4653
RES 106-11
REMOVED FOR
SEPARATE
CONSIDERATION
RES 107-11
RES 108-11
13 0 2 Bakersfield, California, November 16, 2011 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
Resolutions Setting Salaries and Related
Benefits:
Resolution approving the Memorandum RES 109-11
of Understanding Setting Salaries and
Related Benefits for the Firefighters and
Engineers Unit of the Fire Department.
2. Resolution approving the Memorandum RES 110-11
of Understanding Setting Salaries and
Benefits for the Fire Supervisory Unit of the
Fire Department.
k. Resolution Setting Salaries and Related Benefits RES 111-11
for Officers and Employees of the General
Supervisory, Police Supervisory and
Management Units.
1. Sewer connection and construction fee
assessments:
1. Resolution confirming assessments for RES 112-11
sewer connection fee and construction
fees and authorizing the collection of
assessments by the Kern County Tax
Collector.
2. Agreements with the following property
owners to pay sewer connection and
construction fees in installments through
the Kern County Tax Collector:
a.
William R. Gustin Jr., 18 N.
AGR 11-129
McDonald Way
b.
Richard E. & Beverly J. Laughman,
AGR 11-130
7500 Kimberly Ave.
C.
Donald C. & Victoria L. Rambo,
AGR 11-131
7512 Hooper Ave.
d.
Bill C. & Norma J. Johnson, 8001
AGR 11-132
Kimberly Ave.
e.
James P. & Kathleen A. Webdell,
AGR 11-133
7609 Kimberly Ave.
f.
Thomas H. & Linda Meek, 7509
AGR i1-134
Hooper Ave.
g.
Christopher D. & Pamela J. Hillis,
AGR 11-135
7901 Hooper Ave.
h.
Kelsie R. Gates, 7509 Kimberly
AGR 11-136
Ave.
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Bakersfield, California, November 16, 2011 - Page 7
8.
CONSENT CALENDAR continued ACTION TAKEN
Item 8.1, continued
i. Jerry Vern & Lynda L. Karr, 7504 AGR 11-137
Kimberly Ave. AGR 11-138
j. Roger D. & Linda K. Reed, 7703
Kimberly Ave.
k. Lawrence M. & Lorraine Okumoto, AGR 11-139
7805 Kimberly Ave.
M. Resolution authorizing the submission of an RES 113-11
application to the California State Department
of Housing and Community Development for
funding under the CalHome Program, for a
Downpayment Assistance Program
($1,000,000).
n. Resolution authorizing the application for State RES 114-11
grant funds ($1,440,000) and participation in the
Building Equity and Growth in Neighborhoods
(BEGIN) Program for the Creekview Villas,
including execution of a Standard Agreement
or other documents to secure funding from the
California Department of Housing and
Community Development.
o. Resolution setting rates and equipment RES 115-11
specifications for tow truck services provided
pursuant to contract with the City.
p. Resolution determining that the Chief of Police RES 116-11
is appointed as agent authorized to execute
memorandums of understanding with the Kern
allied agencies participating in the Kern AVOID
18 Project funded by a grant from the California
Office of Traffic Safety.
q. Disposal of Real Property located at 700 Planz
Road:
1. Resolution declaring real property surplus RES 117-11
to the needs of the City.
2. Agreement with Jose Ramon Carillo AGR 11-140
($100,000) for purchase of property.
1304''
Bakersfield, California, November 16, 2011
- Page 8
8. CON
SENT CALENDAR continued
ACTION TAKEN
Agreements:
r.
Agreement between City and the County of
AGR 11-141
Kern regarding apportionment of tax revenues
upon annexation of territory to the City of
Bakersfield as Annexation No. 637 generally
located west of Calloway Drive along the north
side of Rosedale Highway.
S.
Maintenance Agreement with Pampas Del
AGR 11-142
Cielo, LLC, for Parcel Map 10606 located on
Woodmere Drive and east of Ashe Road.
t,
Utility Agreement with Matrix Oil Corp. ($42,500)
AGR 11-143
for the relocation of electrical facilities located
along the east side of Renfro Road at the
Westside Parkway Project. (TRIP)
U.
Amendment No. 2 to Agreement No. 10-114
AGR 10-114(2)
with Leverage Information Systems, Inc.
($177,792.06; revised not to exceed $530,000),
for installation of additional audio, video and
surveillance cameras located at additional
strategic locations.
V. Amendment No. 1 to Settlement Agreement AGR 10-042(1)
No. 10-042 with Travelers Casualty and Surety
Company of America for Dunmore Diamond
Ridge Tract 6332 located between Ashe and
Stine roads south of McCutchen Road.
W. Pavement Rehabilitation 2011 Phase 2: Stine
Road - Pacheco Road to White Lane:
1. Contract Change Order No. 1 to AGR 11-078
Agreement No. 11-078 with Granite CC01
Construction ($136,949; revised not to
exceed $1,748,837); and
2. Appropriate $20,000 Gas Tax Fund
balance to the Public Works
Department's Capital Improvement
Budget for the local match requirement.
X Contract Change Order No. 1 to Agreement AGR GR 11-092
ccol
No. 11-092 with Granite Construction
($33,594.68; revised not to exceed
$1,096,698.68) for the Pavement Rehabilitation
2011 Phase 4: Ming Avenue from Wible Road to
Hughes Lane project,
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Bakersfield, California, November 16, 2011 - Page 9
8. CONSENT CALENDAR continued
Y. Streetscape Improvements, Q Street, Truxtun
Avenue to 24th Street:
Contract Change Order Nos. 1 and 2 to
Agreement No. 11-068 with Kern Pacific
Construction Company ($63,900.82;
revised not to exceed $4,997,661.27);
and
2. Appropriate $175,000 Gas Tax Fund
balance to the Public Works
Department's Capital Improvement
Budget.
Z. Contract Change Order Nos. 35, 50, 53, 74, 87,
88, and 97 to Agreement No. 07-304 with
Security Paving Construction ($388,213.57;
revised not to exceed $33,517,593.09) for the
State Route 178 and Fairfax Road Interchange
Project. (TRIP)
Bids:
aa. Westside Parkway Phase 6B Project - Allen
Road Interchange (TRIP):
1. Accept low bid and award contract to
Security Paving Co., Inc. ($12,421,698.70),
to construct the Project; and
2. Agreement with Nolte Associates, Inc.
($1,310,256.90), for construction
management services for the Project;
and
3. Amendment No. 1 to Agreement
No. 05-181 with Rosedale Rio Bravo
Water Storage District for the exchange
of additional properties to facilitate
construction of the Westside Parkway
Phase 6B and 6C projects.
bb. Accept bid from Quinn Company ($330,960.63)
for one replacement hot mix asphalt paver for
the Public Works Streets Division.
ACTION TAKEN
AGR 11-068
CCO 1, 0002
AGR 07-304
00035, 00050,
00053, 00074,
00087, 00088,
00097
AGR 11-144
AGR 11-145
AGR 05-1810)
13 0 6 Bakersfield, California, November 16, 2011 - Page 10
8. CONSENT CALENDAR continued ACTION TAKEN
CC. Accept bid from Jim Burke Ford ($277,260.17)
for one additional and eight replacement
Super Duty (19,000 GVW) Service Truck Cab
and Chassis for the Recreation and Parks,
Public Works/General Services, Public
Works/Solid Waste, and Fire departments.
dd. Accept bids and approve contracts to IPC USA AGR 11-146
($2,750,000) and Valley Pacific Petroleum AGR 11-147
Services, Inc. ($1,250,000) for the annual
contracts to supply fuel,
ee. Accept bid and approve contract to Wellsona
Iron and Engineering ($77,285.00) for the Kern AGR 11-148
River Canal Headgate Corrosion Repair Project.
Miscellaneous:
ff. Appropriate $50,990 from First Five Kern grant
revenues to the Recreation and Parks
Operating Budget to provide a water safety
education program (Make-A-Splash).
gg. Appropriate $5,324 PG&E Grant Revenue to the REMOVED FOR
Development Services Operating Budget within SEPARATE
the General Fund for a community safety CONSIDERATION
project at Stancliff and Napal Courts.
hh. Appropriate $185,624 Federal Grant Revenues
to the General Fund Police Operating Budget
to expand the downtown surveillance system
by adding cameras to cover the Police
Headquarters building and areas on Union
Avenue identified by high crime rates.
ii. Appropriate $1,500 State Farm Insurance
Company donation to the Fire Department
Operating Budget within the General Fund for
smoke detectors for the Free Smoke Detector
Deployment Plan,
jj. Appropriate $560,500 County Share Project
costs to the Public Works Capitol Improvement
Budget within the TRIP/TDF Local Match Fund,
for reimbursement of costs paid by the City on
the 7m Standard Road Widening Project. (TRIP)
Councilmember Johnson requested that item 8.g. and
8.gg. be removed for separate consideration.
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Bakersfield, California, November 16, 2011 - Page 11
8. CONSENT CALENDAR continued ACTION TAKEN
Motion by Vice-Mayor Couch to adopt Consent APPROVED
Calendar items 8.a. through 8.#., with the removal of AB SULLIVAN
items 8.g. and 8.gg. for separate consideration.
g. Resolution approving application for CONTINUED TO
annexation of uninhabited territory to the City MEETING OF
identified as Annexation No. 624 consisting of DECEMBER 14, 2011
17.28 acres located along the north side of Taft
Highway and west of Stine Road.
Councilmember Johnson requested to continue
Consent Calendar item 8.g. to the meeting of
December 14, 2011.
gg. Appropriate $5,324 PG&E Grant Revenue to the
Development Services Operating Budget within
the General Fund for a community safety
project at Stancliff and Napal Courts.
Councilmember Johnson recognized PG&E for their
generous donation to install permanent chain link
fencing, and he thanked Building Director Burns for his
assistance.
APPROVED
Motion by Councilmember Johnson to adopt Consent AB SULLIVAN
Calendar item 8.gg.
Recess taken from 6:20 p.m. to 6:46 p.m.
9. CONSENT CALENDAR PUBLIC HEARINGS
None.
10. CLOSED SESSION
None.
11. CLOSED SESSION ACTION
None.
13 0 8 Bakersfield, California, November 16, 2011 - Page 12
12. HEARINGS ACTION TAKEN
a. Public Hearing and First Reading of an
Ordinance amending Chapter 1.12 of the
Municipal Code revising the boundaries of City
Council Wards 1 through 7. (opened & continued
at meetings 9/28/11 & 10/19/11)
Planning Director Eggert provided a PowerPoint
presentation, made staff comments, recommended
adoption of Concept 1, and recommended First
Reading of the Ordinance.
Hearing opened at 6:54 p.m.
Irma Carson, Tamica Powell, Stephanie Campbell,
and Matthew Cruse spoke in opposition to the staff
recommendation.
Mary Helen Barro, spoke in support of the staff
recommendation.
Mayor Hall announced that the Hearing will remain
open.
Councilmember Johnson expressed his concerns
regarding the informational map that was presented
where a natural boundary on Pacheco, specifically a
railroad track, that divides the community, was moved
from Ward 7 to Ward 6, which would also split a voting
precinct; therefore, he feels it needs to stay in Ward 7.
Councilmember Salas made a motion to continue this
matter to the next meeting.
Councilmember Hanson and Vice-Mayor Couch
asked questions, suggested some changes, and
directed staff to look at other options to bring back to
Council.
Motion by Councilmember Salas to continue this APPROVED
matter to the meeting of December 14, 2011. AB SULLIVAN
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Bakersfield, California, November 16, 2011 - Page 13
13. REPORTS ACTION TAKEN
a. Agreement with AEG Cycling, LLC to host the AGR 11-149
Time Trial for the 2012 Amgen Tour of California.
Convention & Visitors Bureau Manager Lyman
provided a video presentation, made staff
comments, and recommended approval of the
agreement with authorization to make minor
revisions if necessary.
In response to a question by Councilmember
Johnson, Convention & Visitors Bureau
Manager Lyman advised he would provide
some estimates regarding the expected TOT as
a result of the Amgen Tour.
Councilmember Johnson asked staff to
evaluate the possibility of doing a backfill to the
Police Department's budget utilizing TOT
monies, in order to accommodate the impact
the Amgen Tour is going to have on that
department's budget.
Vice-Mayor Couch encouraged staff to make
an effort to get some of the locally-owned
restaurants and businesses involved and take
advantage of having all these people in town.
Motion by Vice-Mayor Couch to approve the APPROVED
agreement with authorization to make minor AB SULLIVAN
revisions if necessary.
b. Memorandum of Understanding with AGR 11-150
Bakersfield Sports Foundation to delineate
parties' obligations and responsibilities for
hosting the 2012 Time Trial of the Amgen Tour of
California.
Motion by Vice-Mayor Couch to approve the APPROVED
agreement. AB SULLIVAN
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Bakersfield, California, November 16, 2011 - Page 14
14. DEFERRED BUSINESS ACTION TAKEN
a. SR 184 Improvements:
Cooperative Agreement with the State AGR 11-151
of California Department of
Transportation (Construction costs of
$943,000 to be funded by Caltrans;
Construction support costs of $200,000 to
be funded by the City) to flatten the
roadbed profile and to reconstruct
sidewalk, curb, and gutter at the
intersection of SR 178 and Bedford Green
Drive.
2. Appropriate $200,000 Gas Tax Fund
balance to the Public Works
Department's Capital Improvement
Budget to fund City share of project cost.
Public Works Director Rojas introduced Assistant
Public Works Director Underwood, who
provided a PowerPoint presentation, made
staff comments, and recommended approval
of agreement and appropriation.
Councilmember Weir thanked Mr. Tandy and
Mr. Rojas for their work in bringing this project
forward.
Motion by Councilmember Weir to approve the APPROVED
agreement and appropriation. AB SULLIVAN
15. NEW BUSINESS
a. Resolution setting the dates of Regular City
Council Meetings, Budget Hearings, and
Department Budget Presentations for January
through December 2012.
City Manager Tandy made staff comments.
Vice-Mayor Couch made a motion to adopt
the Resolution.
Councilmember Benham requested that the
December meeting be changed from the 19th
to the 12th.
Motion by Vice-Mayor Couch to adopt the APPROVED
Resolution with an amendment changing the AB SULLIVAN
December meeting from the 19th to the 12h.
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Bakersfield, California, November 16, 2011 - Page 15
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Johnson asked staff to work with
Calfrans to identify a long-term solution to a drainage
issue that has caused a severe amount of run-off into
Fortress Mini Storage's drainage basin that abuts a
CalTrans facility adjacent to the White Lane on ramp
at northbound Highway 99.
Councilmember Johnson referred to the Budget and
Finance Committee the issue of local vendor
preference for bidding, as well as some other issues
that are related to that.
Councilmember Salas thanked staff for helping resolve
a couple of issues with some constituents; thanked
City Manager Tandy and Public Works Director Rojas
for addressing some of the issues identified at the
Planz Park Trunk or Treat event; and invited everyone
to a Citizen's Forum, that the Police Department and
City staff is bringing together, at 11:30 a.m., on
November 17th, at the Kern County Superintendent of
Schools building downtown.
Vice-Mayor Couch complimented Convention &
Visitors Bureau Manager Lyman on the job that he did
during the announcement of the Amgen Tour; and
complimented Mayor Hall and Hall Ambulance for
receiving the Emergency Medical Dispatch Center of
Excellence Award.
Vice-Mayor Couch asked staff to provide an opinion
regarding a proposed new tobacco tax that would
involve spending the money out of state in many
cases, and he would not be in support of that.
Vice-Mayor Couch announced he would like to speak
to City Manager Tandy after the meeting.
Councilmember Johnson advised that there is a
Special City Selection Committee meeting on
November 29th being held by the San Joaquin Valley
Air Pollution Control District, and they need a quorum
of cities for a vote; therefore, staff needs to make sure
that the City's representative will be attending.
Mayor Hall announced that there are currently two
recent vacancies on the Keep Bakersfield Beautiful
Committee, and encouraged anyone interested to
apply.
ACTION TAKEN
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Bakersfield, California, November 16, 2011 - Page 16
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Mayor Hall advised that there may be opportunity for
the Keep Bakersfield Beautiful Committee, in
cooperation with CalTrans, to expand the designated
beautification areas to possibly include Highway 178
and Highway 58, and he asked Public Works Director
Rojas to look into the possibility of utilizing the
individuals who work in the green waste facility that
are extensions of the Homeless Center to help with the
volunteer efforts.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:07 p.m.
MAYOR of the City of Bakersfi
ATTEST;
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield