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
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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.
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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
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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)
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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.
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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
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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
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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.
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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.
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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.
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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
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Bakersfield, California, January 11, 2012 - Page 14
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