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HomeMy WebLinkAbout04/18/12 CC MINUTESBAKERSFIELD CITY COUNCIL MINUTES MEETING OF APRIL 18, 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 (seated at 5:19 p.m.), Sullivan (seated at 5:18 p.m.), Johnson Absent: Councilmember Hanson 2. INVOCATION by Vice -Mayor Couch. 3. PLEDGE OF ALLEGIANCE by Mattalin Whiteman, 31d grade student at Nichols School. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Sue Neal, Co -Chair of the Fair Housing Committee, declaring April Fair Housing Month. Ms. Neal accepted the Proclamation and made comments. b. Presentation by Mayor Hall of Proclamation to Ruth Kranovich, President of the Bakersfield Memorial Hospital Auxiliary, declaring April 16 -20, 2012, National Volunteer Week. Ms. Kranovich accepted the Proclamation and made comments. 5. PUBLIC STATEMENTS a, Norm Andrews spoke regarding the Lancaster Veterans Home and submitted written material. ACTION TAKEN 1396 139?' Bakersfield, California, April 18, 2012 - Page 2 5. PUBLIC STATEMENTS continued ACTION TAKEN b. Ray Scott, with Price Disposal and Chairman of the Greater Bakersfield Green Expo, spoke regarding the Expo and the Great American Cleanup on April 14th, submitted written material; announced that the City of Bakersfield Keep Bakersfield Beautiful Committee received the Green Technology Leadership Award for 2012; and invited the Mayor and Council to attend a public exhibit by the top 50 students who submitted artwork made from recycled materials at the Bakersfield Museum of Art on April 26th, where the Chairman's Award will be presented. C. Ray Scott spoke regarding Relay for Life and encouraged people to volunteer for the event. d. Monique Davis spoke regarding her concerns about the prostitution on Union Avenue, and asked that more be done to improve the situation. e. Jane Tucker spoke regarding the Californians Against Sexual Exploitation Act, which is on the November ballot, and asked for Council's endorsement. f. Jeff Taylor spoke regarding AB 1779, the Intercity Passenger Rail Act, asked for Council to oppose the Act, and submitted written material, Anil Mehta and Michael Kennedy spoke in opposition to AB 1779 and encouraged the Council to oppose the bill, and Garish Patel spoke regarding AB1779 and submitted written material. g. Kameron Kephart spoke regarding ambulance services and adult indigent services. Vice -Mayor Couch asked that staff refer Mr. Kephart's comments to Mr. Elliott at the County for a response. Vice -Mayor Couch asked staff to review the Union Avenue matter addressed by Ms. Davis and come back with a recommendation. Vice -Mayor Couch asked staff to review the CASE Act and come back with a recommendation. 5. Q • •1 Bakersfield, California, April 18, 2012 - Page 3 PUBLIC STATEMENTS continued ACTION TAKEN Vice -Mayor Couch asked staff to review AB 1779 and come back with a recommendation. Councilmember Sullivan also asked for more information regarding Ms. Davis' comments and the CASE Act. WORKSHOPS a. 2012 City Council Goals Phase 2: City Councilmembers' Proposed Revisions Assistant to the City Manager Smiley provided an update on the proposed revisions and outlined individual updates as requested by Councilmembers Salas and Johnson. Motion by Vice -Mayor Couch to adopt the 2012 City APPROVED Council Goals. AB HANSON 7. APPOINTMENTS a. One appointment to the Planning Commission due to the expiration of term of Jeffrey Tkac, whose term expires April 30, 2012. Applications were received from Ray Chopra and incumbent Jeffrey Tkac. Correspondence was received this evening from Ray Chopra. Motion by Councilmember Sullivan to reappoint APPROVED Jeffrey Tkac to a 4 -year term on the Planning AB HANSON Commission, whose term expires on April 30, 2016. b. One appointment to the Historic Preservation Commission due to the expiration of term of Juliana Bernier Dooley, whose term expired March 30, 2012. One application was received from Tenielle Cooper. Motion by Vice -Mayor Couch to appoint APPROVED Tenielle Elizabeth Cooper to a 3 -year term on AB HANSON the Historic Preservation Commission, whose term expires on March 30, 2015. 1399 Bakersfield, California, April 18, 2012 - Page 4 8. CONSENT CALENDAR ACTION TAKEN Minutes: a. Approval of minutes of the March 21, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from March 9, 2012 to April 5, 2012 in the amount of $20,693,874.11, and self- insurance payments from March 9, 2012 to April 5, 2012 in the amount of $745,137.19, totaling $21,439,011.30. Ordinances: C. First Reading of the following; 1. Ordinance Amending Section 1.01.010 FR relating to change in Bakersfield Municipal Code publisher, 2. Ordinance Amending Section 2.28.040 FR relating to elimination of mandatory Planning Commission Meetings. 3, Ordinance Amending Section 2.28.090 FR relating to Board Appointments to Board of Zoning Adjustment. 4. Ordinance Amending Section 2.72.250, FR Subsection F, relating to mandatory retirement ages. 5. Ordinance Amending Section 2.84.050 FR relating to elimination of outdated incentive credit for solid waste employees. 6. Ordinance Amending Section 2.88.020, FR Subsection A, relating to salaries while absent due to injury related to employee's course of duties. 7. Ordinance Amending Section 8.32.020 FR relating to refuse /solid waste /recycling definitions. 8. Ordinance Amending Section 8.32.060, FR Subsection B, relating to refuse /solid waste /recycling collection of charges. 1400 Bakersfield, California, April 18, 2012 - Page 5 8. CONSENT CALENDAR continued Item 8.c. continued ACTION TAKEN 9. Ordinance Amending Section 8.44.070 FR relating to penalties for fireworks violations. 10. Ordinance Amending Section 15.66.030, FR Subsection C, relating to conditional use permits for oil wells, 11. Ordinance Amending Section 15.84.055 FR relating to reduction or waiver for Low - Income Housing Projects. 12. Ordinance Deleting Section 16.16.110 FR relating to approval of development entitlement, adding Section 16.12.075 relating to approval of maps, and adding Section 17.08.210 relating to approval of development entitlement. 13. Ordinance Amending Section 16.32.020 FR relating to security for improvement agreements. 14. Ordinance Amending Section 16.32.040 FR relating to amount of security for improvement agreements. 15. Ordinance Amending Section 17.04.545 FR relating to setbacks. 16. Ordinance Amending Section 17,08.130 FR relating to accessory buildings and structures. 17. Ordinance Amending Section 17.64.060, FR Subsection F, relating to conditional use permits - termination of rights. d. Adoption of Ordinance amending Municipal ORD 4664 Code §1.12.040 and §1.12.060 by adding Annexation No. 620 consisting of 50.29 acres located along the north side of Rosedale Highway, between Calloway Drive and Verdugo Lane to Ward 4, and Annexation No. 622 consisting of 0.18 acres located at 4724 Frazier Avenue to Ward 6. 1401. Bakersfield, California, April 18, 2012 - Page 6 8. CONSENT CALENDAR continued Resolutions: e. Resolution approving an application to the Kern County Local Agency Formation Commission to annex uninhabited territory to the City identified as Annexation No, 630 located south of Taff Highway between Compagnoni Street and State Highway 99. 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 authorize collection of the assessments by the Kern County Tax Collector. g. Revised Job Specification and Change to Salary Schedule: Amendment No. 2 to Resolution No. 111 -11 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule related benefits for Economic Community development Director. 2. Revised job specification /Title Change: Development Services Director to Community Development Director. h. Resolution of Intention No. 1707 to order the vacation of Eye Street between 8th and 9th streets and attached alleys. Agreements: i. Agreement with William Avery & Associates, Inc. (not to exceed $37,350, including expenses), for labor negotiation and consulting services for April - December 2012. j. Agreement with American Youth Soccer Organization (AYSO), Region 73 (ten -year term) for maintenance of soccer facilities located at State Farm Sports Village Complex on the north side of Taff Highway, between Ashe Road and Gosford Road. ACTION TAKEN RES 030 -12 RES 031 -12 RES 111 -11(2) R01 1707 AGR 12 -048 AGR 12 -049 Bakersfield, California, April 18, 2012 - Page 7 8. CONSENT CALENDAR continued k. Agreements with Kern Delta Water District; Ditch Eradication Agreement and Pipeline Easement (no compensation clause) for the Stine Branch II Canal form Taft Highway to McCutchen Road to define responsibilities for the maintenance of the irrigation mainline, road crossing and replacement of lost seepage in available recharge capacity within the Wastewater Treatment Plant No. 3 and the Bakersfield Sports Village. 2. Common Use /Subordination Agreement (no compensation clause) for two new road crossings over the Stine Branch II Canal at McCutchen Road and the future access road to the Bakersfield Sports Village, I. Amendment No. 1 to Agreement No. 92 -255 with Ernie and Gina Shields (extending term of lease) for Hangar Space A -1 at the Bakersfield Municipal Airport. M. Amendment No. 2 to Agreement No. 10 -062 with Burtch Construction ($225,000; revised not to exceed $1,530,500) for the supply of asphalt rejuvenator and sealant. n. Amendment No. 1 to Agreement No. 11 -048 with JCI Chemical, Inc. ($60,000; revised not to exceed $121,023.55 and extending term one year), for the supply of sodium hypochlorite. o. Amendment No. 1 to Agreement No. 11 -051 with Kern Turf Supply, Inc. ($175,000; revised not to exceed $350,026.96 and extending term one year), for the supply of irrigation parts and supplies. P. Amendment No. 1 to Agreement No. 11 -052 with Precision Fertilizer Spreading ($151,000, for a total not to exceed $301,750 and extending term one year) for hauling and spreading of biosolids. q, Amendment No. 2 to Agreement No. 11 -053 with Gilliam & Sons, Inc. ($1,925,000; revised not to exceed $4,240,003 and extending term one year), for earthmoving and hauling services, ACTION TAKEN AGR 12 -050 AGR 12 -051 AGR 92- 255(1) AGR 10- 062(2) AGR 11- 048(1) AGR 11- 051(1) AGR 11- 052(1) AGR 11- 053(2) 1402 1403 Bakersfield, California, April 18, 2012 - Page 8 8. CONSENT CALENDAR continued r, Amendment No. 1 to Agreement No. 11 -127 with Thyssenkrupp Elevator Corporation ($50,000; revised not to exceed $110,000 and extending term one year) for elevator maintenance. Amendment No. 1 to Agreement No. PW12 -004 with Advanced Combustion and Process Controls Inc. ($25,938.15; revised not to exceed $65,012.15), for repair of cogeneration system at Wastewater Treatment Plant No. 3. Amendment No. 1 to Utility Agreement No. 11 -015 with Pacific Gas and Electric Company ($7,970.39; revised not to exceed $32,733.39) for utility pole relocations on McCutchen Road between Gosford Road and Ashe Road. U. Amendment No. 1 to Agreement No. 10 -155 with Advanced Earth Sciences, Inc. (no change in compensation and extending term one year), for geotechnical support during construction of the Bakersfield Landfill Closure Project. V. Contract Change Order No. 1 to Agreement No. 11 -091 with Raminha Construction ($13,719.50; revised not to exceed $3,382,627.50) for the project known as Bakersfield City Sanitary Landfill Final closure. W. Contract Change Order Nos, 21, 22, 29 and 31 to Agreement No. 08 -214 with Security Paving Company, Inc. ($25,864.07; revised not to exceed $29,194,843.10), for the construction of the Westside Parkway Phase 1 Project. (TRIP) X. Contract Change Order No. 22 through 26 to Agreement No. 11 -035 with GSE Construction, Inc. ($61,647; revised not to exceed $5,082,965), for the Wastewater Treatment Plant 2 Septage /Grease Receiving Station and Odor Control Project. ACTION TAKEN AGR 11- 127(1) AGR 12 -052 AGR 11- 015(1) AGR 10- 155(1) AGR 11 -091 CCO 1 AGR 08 -214 CCO21, CCO22, CCO29, CCO31 AGR 11-035 CCO22, CCO23, CCO24, CCO25, CCO26 1404 Bakersfield, California, April 18, 2012 - Page 9 8. CONSENT CALENDAR continued Bids: Y. Accept bid from Jim Burke Ford ($169,152.86) for ten replacement midsize sedans for the Public Works /Wastewater and Police Departments. Accept bid from Berchtold Equipment Company ($88,872.21) for one replacement backhoe loader, for the Public Works Department, Wastewater Division. aa. Accept bid from Quinn Company ($131,021.84) for one replacement motor grader for the Public Works Department, Streets Division. bb. Furnish and install standby generator at the Rabobank Arena: ACTION TAKEN 1. Accept bid and approve contract with AGR 12 -053 P & J Electric, Inc. ($126,630), for project. 2. Appropriate and transfer $126,630 Facility Reserve Fund balance to the Public Works Department's Capital Improvement Budget within the Capital Outlay Fund for project. Miscellaneous: cc. Recoat Interior of Water Storage Tank (F101) located on Burr Street west of Highway 99: Approval of maintenance project to allow for the recoating of the interior of a 1.125 million gallon water storage tank (F 10 1) by the City's contractor (California Water Service Company) under our existing operations and maintenance agreement for an amount not to exceed $200,000). 2. Appropriation of $200,000 Domestic Water Fund Balance to the Water Resources Department Capital Improvement Budget for the project. dd. Transfer $330,000 project savings within the Capital Outlay Fund from the Self- contained Breathing Apparatus Project to renovate the kitchens at Fire Stations No. 4 and No. 7 and to renovate the restroom at Fire Station No. 1. 1405 Bakersfield, California, April 18, 2012 -Page 10 8. CONSENT CALENDAR continued ACTION TAKEN Successor Agency Business: ee. Receive and file Successor Agency payments from March 9, 2012 to April 5, 2012 in the amount of $3,176,294.54. Motion by Vice -Mayor Couch to adopt Consent APPROVED Calendar items 8.a. through 8.ee. AB HANSON 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS None. 11. REPORTS a. Housing Incentive Task Force: Final Report and Dissolution of Ad Hoc Committee. Assistant to the City Manager Smiley made staff comments and recommended acceptance of the Report. Vice -Mayor Couch announced that the good news for the homeowners is that there is a potential that they might see a reduction in some of the assessments on their tax bills. Motion by Vice -Mayor Couch to accept the Final APPROVED Report on the Findings and Dissolution of the Ad AB HANSON Hoc Committee. Mayor Hall acknowledged the students in attendance at the meeting to learn about City government, and announced that Vice -Mayor Couch will reconvene the meeting after Closed Session. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. Bakersfield, California, April 18, 2012 - Page 11 14. CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code Section 54957,6. Motion by Vice - Mayour Couch to adjourn to Closed Session at 6:12 p.m. Motion by Councilmember Benham to adjourn from Closed Session at 6 :37 p.m. RECONVENED MEETING AT 6:43 p.m. 15. CLOSED SESSION ACTION a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. 16. COUNCIL AND MAYOR STATEMENTS 17. None. ADJOURNMENT Vice -Mayor Couch adjourned the meeting at 6:43 p.m. ATTEST: ACTION TAKEN APPROVED AB HANSON APPROVED AB HANSON NO REPORTABLE ACTION CITY CLERK and Ex Offi#Clerik of the Council of the City of Bakersfield 1406 1407 Bakersfield, California, April 18, 2012 — Page 12 * ** *THIS PAGE INTENTIONALLY LEFT BLANK * * **