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HomeMy WebLinkAbout01/11/12 CC MINUTES1334 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 11, 2012 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, Sullivan, Johnson Absent: None City Clerk Gafford announced staff has requested that Consent Calendar item 8.dd. be pulled from the agenda. 2. INVOCATION by Pastor Greg Haslow, Bakersfield First Assembly Church. 3. PLEDGE OF ALLEGIANCE by Jackson Jordan, kindergarten student at Veterans Elementary School. 4. PRESENTATIONS None. 5. PUBLIC STATEMENTS a. Zac Griffin, with Bike Bakersfield, spoke in support of Consent Calendar item 8.d. and submitted written material. 6. WORKSHOPS a. Update on Capital Improvement Program Budget. Public Works Director Rojas introduced Civil Engineer Ramming, who made staff comments and provided a PowerPoint presentation. Vice-Mayor Couch requested that a formal L policy be adopted for the designation on Taff Highway similar to what was adopted for 71h Standard Road. ACTION TAKEN 1335 Bakersfield, California, January 11, 2012 - Page 2 6. WORKSHOPS continued ACTION TAKEN Item 6,a. continued Councilmember Johnson asked staff to work with PG&E to speed up the process on the widening of the Wible Road/Berkshire to Panama segment. 7. APPOINTMENTS a. One appointment to Planning Commission due to the resignation of Murray Tragish, whose term expires April 30, 2013. City Clerk Gafford announced applications were received from Justin B. Batey, Marvin Dean, and Jason Boone Matthews. Motion by Councilmember Hanson to appoint APPROVED Justin B. Batey to fill the unexpired term of Murray Tragish, whose term expires April 30, 2013, on the Planning Commission Board. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the December 14, 2011 Regular City Council Meeting. Payments: b. Receive and file department payments from December 2, 2011 to December 29, 2011 in the amount of $24,180,434.53 and self-insurance payments from December 2, 2011 to December 29, 2011 in the amount of $578,496.60, totaling $24,758,931.13. Ordinances: Resolutions: C. Resolution calling for the Mayor's Primary RES 001-12 Election and requesting consolidation with the County of Kern, for the Statewide Direct Primary Election to be held Tuesday, June 5, 2012. d. Resolution supporting the Healthy Eating, Active RES 002-12 Living (HEAL) Cites Campaign through the League of California Cities. Bakersfield, California, January 11, 2012 - Page 3 8. CONSENT CALENDAR continued ACTION TAKEN e. Resolution confirming approval by the City RES 003-12 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 authorize collection of the assessments by the Kern County Tax Collector. f. Resolution approving application for RES004-12 annexation of uninhabited territory to the City of Bakersfield identified as Annexation No. 624 consisting of 17.28 acres, located along the north side of Taft Highway, east and west of Stine Road. g. Sewer connection and construction fee assessments: 1. Resolution confirming assessments for RES 005-12 sewer connection 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 J. & Ann Kinnett, 7705 AGR 12-001 Hooper Ave. b. Ray W. & Quandala Graham, AGR 12-002 7908 Kimberly Ave. C. Michael Roy Hulbrt, 7904 Kimberly AGR 12-003 Ave. d. Adrian & Shastine Y. Arias, 7604 AGR 12-004 Kimberly Ave. e. Milton J. & Marilyn C. Webster, AGR 12-005 7712 Kimberly Ave. f. Franklin W. & Dorthy E. Allen, 7913 AGR 12-006 Hooper Ave. 1336 13 3 7 Bakersfield, California, January 11, 2012 - Page 4 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.g.2. continued g. Richard D. & Judith I. Baize, 7600 Hooper Ave. h. Robert E. & Carolyn J. Balch, 7709 Kimberly Ave. I. Roy & Marilyn A. Garcia, 7804 Kimberly Ave. j. Michael D. & Genita K. Holman, 7608 Kimberly Ave. k. Andrew & Delphine R. Lopez, 7801 Kimberly Ave, 1. David E. & Michelle D. Reed, 7605 Kimberly Ave. h. Homeland Security Grants on behalf of the Kern Operational Area: 1. Resolution determining that the City Manager, or his designee, is appointed as authorized agent to execute any actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California to the County of Kern and through the County of Kern to the City. 2. Memorandum of Understanding with the County of Kern - Homeland Security Grant funding Agreement for acquisition of specialized equipment, training and other professional services. 3. Appropriate $183,621 Fiscal Year 2011 Homeland Security Grant Funds to the Capital Outlay Fund Capital Improvement Budget. 4. Appropriate $101,693 Federal Grant Revenue to the Fire Department Operating Budget within the Metropolitan Medical Response System Fund. AGR 12-007 AGR 12-008 AGR 12-009 AGR 12-010 AGR 12-011 AGR 12-012 RES 006-12 AGR 12-013 J ill" .J 1338 Bakersfield, California, January 11, 2012 - Page 5 8. CONSENT CALENDAR continued City in the Hills Park Playground: Resolution determining that Challengers Playscape playground equipment with slides cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof to purchase and install Challengers Playscape playground with slides from Dave Bang Associates, Inc., not to exceed $40,000. 2. Agreement with Dave Bang Associates, Inc. (not to exceed $40,000) to purchase and install Challengers Playscape playground equipment with slides. Greystone Park Playground: 1. Resolution determining that playground equipment for 2-5 year olds cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof to purchase and install playground equipment for 2-5 year olds from Great Western Park & Playground, not to exceed $75,000. 2. Agreement with Great Western Park & Playground (not to exceed $75,000) to purchase and install playground equipment for 2- 5 year olds. k. Amendment No. 1 to Resolution No. 036-11 further suspending application to allow for discretionary extensions of vesting rights in subdivision maps. 1. Amendment No. 1 to Resolution No. 118-11 revising the date of the regular meeting of the City Council during the month of December, 2012. ACTION TAKEN RES 007-12 AGR 12-014 RES 008-12 AGR 12-015 RES 036-11(1) RES 118-11(1) 1339 Bakersfield, California, January 11, 2012 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN M. Resolution of Intention No. 1706 to add territory, R01 1706 Area 3-83 (5500 Woodmere Drive), to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. n, Resolution of Intention No. 1704 calling a public R01 1704 hearing to determine whether public necessity, health, safety or welfare requires formation of an Underground Utility District within designated area - District No. 2, Division 35 (Wible Road, Panama Lane to Berkshire Road). Agreements: o. Memorandum of Understanding with FKM AGR 12-016 Associates, LLC for the construction of Mohawk Street north of Rosedale Highway. P. Agreement with Community Action Partnership AGR 12-017 of Kern ($151,000) for construction of Multi-Use ABS SALAS Sports Fields at the Friendship House Community Center located at 2424 Cottonwood Road. q. Agreement with the California Department of AGR 12-018 Parks and Recreation, Office of Historic Preservation ($331,402.04), for providing priority attention to Thomas Roads Improvement Program Projects. (TRIP) Agreement with Kern Council of Governments AGR 12-019 for the pass-through of Public Transportation Modernization, Improvement, and Service Enhancement Account funds for the construction of the Bakersfield Amtrak Station parking structure. S. Cooperative Agreement with California AGR 12-020 Department of Transportation (no fiscal impact) for Street Improvements on Taft Highway (SR 119), from Gosford to Ashe roads. t. New Bakersfield Regional Habitat Conservation Plan (BRHCP): Agreement to receive funds from the AGR 12-021 California Department of Fish and Game ($348,742) to initiate planning. 1340 Bakersfield, California, January 11, 2012 - Page 7 8. CONSENT CALENDAR continued Item 8.t, continued 2. Agreement with ICF Jones & Stokes ($344,800) to prepare documentation that will be used for BRHCP. 3. Appropriate $348,742 California Department of Fish and Game Grant to the Development Services Operating Budget in the Capital Outlay Fund. U. Amendment No. 1 to Agreement No. 07-017 with Coca-Cola Bottling Company of Southern California for extending term for soft drink vending services in City parks. V. Amendment No. 1 to Agreement No. 11-059 with outside counsel, Clifford & Brown (not to exceed $175,000), for legal services for general personnel issues. W. Amendment No. 2 to Agreement No. 10-036 with Loop Electric, Inc. ($40,000; revised not to exceed $92,250 and extend term for one year) to continue the supply of vehicle loop cutting. X. Amendment No. 2 to Agreement No. 10-107 with Kern Sprinkler Landscaping, Inc. ($130,000; revised not to exceed $354,648.25) to continue the supply of landscape and irrigation services. Y. Amendment No. 1 to Agreement No. FD 11-028 with Graham Prewett, Inc. ($16,125; revised not to exceed $41,125) for roof maintenance at Fire Station No. 8. Z. Contract Change Order No. 14 to Agreement No. 09-076 with Security Paving Company, Inc. ($296,759.45, revised not to exceed $84,375,656.46) for construction of the Westside Parkway Phase 2 Project. (TRIP) aa. Contract Change Order No. 2 to Agreement No. 11-011 with MGE Underground, Inc. ($57,894.03; revised not to exceed $4,702,116.43) for construction of the Westside Parkway Phase 6A Project. (TRIP) ACTION TAKEN AGR 12-022 AGR 07-017(1) AGR 11-059(1) AGR 10-036(2) AGR 10-107(2) AGR 12-023 AGR 09-076 CCO 14 AGR 11-011 0002 1341 Bakersfield, California, January 11, 2012 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN bb. Contract Change Order Nos. 1 and 2 to AGR 11-077 Agreement No. 11-077 with Granite CCO1, 0002 Construction Company ($106,941.22; revised not to exceed $1,314,649.22) for Pavement Rehabilitation 2011 Phase 3 Project; Pacheco Road from Akers Road to Wible Road; and Pacheco Road from Hughes Lane to South H Street. Bids: cc, Accept bid and approve contract with Terry Bedford Concrete Construction, Inc. (not to exceed $412,900) for construction of HUD curb and gutter. dd. Accept bid and approve contract with Southern Hemisphere Shades, Inc. for Dr. Martin Luther King Jr„ Jefferson, Planz, and Lowell Parks Playground Shade Structure Projects. Miscellaneous: ee. Appropriate $66,000 County Grant Revenues to the General Fund Police Operating Budget to provide funding to deter, investigate, and prosecute real estate fraud crimes. ff, Appropriate $84,256 Federal Grant Revenues (Fiscal Year 2011-12 Sobriety Checkpoint Mini- 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. gg. Audit Reports for Fiscal Year ended June 30, 2011 (refer to Budget & Finance Committee): Comprehensive Annual Financial Report (CAFR). 2. Agreed Upon Conditions Report. 3. Single Audit Report - Schedule of Federal Expenditures for the City. AGR 12-024 REMOVED BY STAFF 1342 Bakersfield, California, January 11, 2012 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.gg. continued 4. Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan. 5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) for the City. 6. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre. hh, Review and accept Fiscal Year 2010-2011 Annual Compliance Report for park impact fees prepared in accordance with California Government Code §66006. ii. Review and accept Fiscal Year 2010-2011 Annual Compliance Report for bridge crossing L and major thoroughfare fees prepared in accordance with California Government Code §66006. jj. Review and accept Fiscal Year 2010-2011 Annual Compliance Report for planned drainage area fees prepared in accordance with California Government Code §66006. kk. Review and accept Fiscal Year 2010-2011 Annual Compliance Report for planned sewer area fees prepared in accordance with California Government Code §66006. II, Review and accept Fiscal Year 2010-2011 Annual Compliance Report for transportation impact fees prepared in accordance with California Government Code §66006. Councilmember Salas announced he would abstain, due to a potential conflict because of his position as a board member for Community Action Partnership of Kern, on item 8.p. Motion by Vice-Mayor Couch to adopt Consent APPROVED Calendar items 8.a. through 8.11., with the removal of item 8.dd. 1343 Bakersfield, California, January 11, 2012 - Page 10 9. CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN a, Public Hearing to consider Resolution RES 009-12 making findings and updating the Capital Improvement Plan for the existing Metropolitan Bakersfield Habitat Conservation Plan. (Staff recommends adoption of Resolution.) b. Public Hearing and adoption of Ordinance ORD 4660 amending Chapter 1,12 revising the boundaries of City Council Wards 1 through 7. (FR 12/14/11) (Staff recommends adoption of Ordinance.) Consent Calendar Public Hearings opened at 5:41 p.m. No one spoke. Consent Calendar Public Hearings closed at 5:41 p.m. Motion by Vice-Mayor Couch to adopt Consent APPROVED Calendar Public Hearings items 9.a. and 9.b. 10. CLOSED SESSION a. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. (One potential case) b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(3)(A) of Government Code Section 54956.9. (One matter) C. Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Government Code Section 54957(b)(1)/54957,6. Motion by Vice-Mayor Couch to adjourn to Closed Session at 5.42 p.m. APPROVED Motion by Councilmember Weir to adjourn from Closed Session at 7.02 p.m. APPROVED RECONVENED MEETING AT 7:05 p.m. Bakersfield, California, January 11, 2012 - Page 11 11. CLOSED SESSION ACTION ACTION TAKEN a. Conference with Legal Counsel - Initiation of UNANIMOUS VOTE TO INITIATE LITIGATION TO Litigation; Closed Session pursuant to subdivision RECOVER BOND (c) of Government Code Section 54956.9. (One PROCEEDS FOR CITY potential case) IN THE HILLS TRACT 6452 b. Conference with Legal Counsel - Potential NO REPORTABLE Litigation; Closed Session pursuant to ACTION subdivision (b)(3)(A) of Government Code Section 54956.9. (One matter) C. Public Employee Performance Evaluation - City APPROVED TWO Attorney; Closed Session pursuant to PERCENT SALARY Government Code Section 54957(b)(1)/54957.6. INCREASE 12. HEARINGS None 13. REPORTS a. California Supreme Court Decision regarding Dissolution of Redevelopment Agencies: L 1. Resolution determining that the City of RES 010-12 Bakersfield elects to, and shall, serve as the successor agency to the dissolved Bakersfield Redevelopment Agency pursuant to Health and Safety Code Section 34173. 2. Resolution determining that the City of RES011-12 Bakersfield shall retain the housing assets and functions of the dissolved Bakersfield Redevelopment Agency pursuant to Health and Safety Code Section 34176. City Clerk Gafford announced that a memorandum has been submitted from staff to the Council transmitting the Redevelopment Agency's Resolution regarding forgiveness of loans. Economic Development Director Kunz made staff comments, provided a PowerPoint presentation, and recommended adoption of the Resolutions. 1344 Motion by Vice-Mayor Couch to adopt the APPROVED Resolutions. 1345 Bakersfield, California, January 11, 2012 - Page 12 13. REPORTS continued ACTION TAKEN b. Thomas Roads Improvement Program Update. (TRIP) Public Works Director Rojas made staff comments, provided a PowerPoint presentation, and recommended acceptance of the Report. Motion by Vice-Mayor Couch to accept the APPROVED Report. 14. DEFERRED BUSINESS None. 15. NEW BUSINESS a. Resolution authorizing the issuance and sale RES012-12 (not to exceed $25 million) in aggregate principal amount of City of Bakersfield, California Wastewater Revenue Refunding Bonds Series 2012A; approving a third supplemental trust indenture, a remarketing agreement, a standby bond purchase agreement, an official statement, a bond purchase agreement, an escrow agreement, and a continuing disclosure certificate and authorizing and directing additional actions in connection with the issuance of Revenue Refunding Bonds. Finance Director Smith made staff comments and recommended adoption of the Resolution. City Attorney Gennaro made additional staff comments. Motion by Vice-Mayor Couch to adopt the APPROVED Resolution. 16. COUNCIL AND MAYOR STATEMENTS Councilmember Benham requested that the matter of the citywide recycling program and the blue bins be reviewed by the Budget and Finance Committee. Councilmember Benham requested that the members of the Redevelopment Agency be invited to the February 1 st meeting for a formal recognition or proclamation. 1346 Bakersfield, California, January 11, 2012 - Page 13 L 16. 17 COUNCIL AND MAYOR STATEMENTS continued Councilmember Solos asked staff to eradicate the graffiti in front of Sequoia Middle School between South P Street and Ming Avenue. Councilmember Sullivan thanked Recreation and Parks Director Hoover for getting the resolution together for Bakersfield to be part of the healthy living cities campaign; and wished everyone Happy New Year. Mayor Hall advised that last Saturday, the Keep Bakersfield Beautiful Committee conducted their annual retreat to review last year's activities and plan this year's, and it was very well attended by the Committee members and alternates, and they have set a very aggressive campaign for this next year to enhance the beautification of the City. Mayor Hall announced that last Saturday 18 volunteers from the Mayor's Freeway Cleanup program picked up 40 bags of trash in a two-hour period; and the next cleanup will be on the 21 st of January. ADJOURNMENT Mayor Hall adjourned the meeting at 7:58 p.m. ATTEST; ACTION TAKEN CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 1347 Bakersfield, California, January 11, 2012 - Page 14 ****THIS PAGE INTENTIONALLY LEFT BLANK****