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HomeMy WebLinkAbout05/09/12 CC MINUTESBAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 9, 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 8x be pulled from the Agenda. 2. INVOCATION by Senior Pastor Kent Peterson, Olive Knolls Church. 3. PLEDGE OF ALLEGIANCE by Grant Trembush, 6th grade student at Stockdale Christian School. Mayor Hall acknowledged the students from the CSUB Communications class and the Ridgeview High School Government class in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Chuck Waide, declaring May 6 -12, 2012, Public Service Recognition Week. Guy Bowers, with the City of Bakersfield Public Works Department, accepted the Proclamation and made comments. b. Presentation by Mayor Hall of a Proclamation to Omar Macias, declaring May, 2012, Motorcycle Awareness Month. Mr. Macias accepted the Proclamation and made comments. ACTION TAKEN 1408 1409 Bakersfield, California, May 9, 2012 - Page 2 4. PRESENTATIONS continued ACTION TAKEN C. Presentation by Mayor Hall of a Proclamation to Zachary Griffin, declaring May, 2012, Bike Month and May 18, 2012, as Bike to Work Day. Mr. Griffin accepted the Proclamation and made comments. Mayor Hall acknowledged Boy Scout Troop 47 in attendance at the meeting and thanked them for providing the fill -in for the Pledge of Allegiance. 5. PUBLIC STATEMENTS a. Convention and Visitors Bureau Manager Lyman spoke regarding the Amgen Tour of California, taking place on Thursday, May 17th, acknowledged the efforts of all those responsible for bringing this event back to Bakersfield, and invited everyone to come out to the event at Bakersfield College. b. Jay Rosenlieb, with the Bakersfield Sports Foundation, spoke regarding the Amgen Tour of California. C. Bob Smith, with Bike Bakersfield, spoke regarding Bike Month. 6. WORKSHOPS a. Presentation of the Proposed FY 2012 -13 Budget. City Manager Tandy made staff comments and provided a PowerPoint presentation. Administrative Analyst Huot presented the financial overview and provided a PowerPoint presentation. City Manager Tandy made additional comments. In response to a question by Vice -Mayor Couch, City Manager Tandy advised that staff is exploring its options regarding alternative means for providing animal control services and expect to report back to Council in the next few months. Vice Mayor Couch asked staff to provide a breakdown of the resurfacing projects. 4 1410 Bakersfield, California, May 9, 2012 - Page 3 7. APPOINTMENTS ACTION TAKEN a. One appointment of an Alternate Member to the Keep Bakersfield Beautiful Committee, due to the resignation of Christopher Clark (Mayoral appointment) whose term was to expire January, 2013. City Clerk Gafford announced one application was received from Susan Stussy. Mayor Hall nominated Susan Stussy. Motion by Vice -Mayor Couch to appoint Susan Stussy APPROVED as an Alternate Member on the Keep Bakersfield Beautiful Committee, to fill the unexpired term which expires in January, 2013. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the April 18, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from April 6, 2012 to April 26, 2012 in the amount of $23,059,542.07 and self- insurance payments from April 6, 2012 to April 26, 2012 in the amount of $365,962.77, totaling $23,425,504.84. Ordinances: C. Adoption of the following Ordinances (FR 04/18/12): Ordinance Amending Section 1.01.010 ORD 4665 relating to change in Bakersfield Municipal Code publisher. 2. Ordinance Amending Section 2.28.040 ORD 4666 relating to elimination of mandatory Planning Commission Meetings. 3. Ordinance Amending Section 2.28.090 ORD 4667 relating to Board Appointments to Board of Zoning Adjustment. 4. Ordinance Amending Section 2.72.250, ORD 4668 Subsection F, relating to mandatory retirement ages. 141.1 Bakersfield, California, May 9, 2012 - Page 4 8. CONSENT CALENDAR continued Item 8.c. continued 5. Ordinance Amending Section 2.84.050 relating to elimination of outdated incentive credit for solid waste employees. 6. Ordinance Amending Section 2.88.020, Subsection A, relating to salaries while absent due to injury related to employee's course of duties. 7. Ordinance Amending Section 8.32.020 relating to refuse /solid waste /recycling definitions. 8. Ordinance Amending Section 8.32.060, Subsection B, relating to refuse /solid waste /recycling collection of charges. 9. Ordinance Amending Section 8.44.070 relating to penalties for fireworks violations. 10. Ordinance Amending Section 15.66.030, Subsection C, relating to conditional use permits for oil wells. 11. Ordinance Amending Section 15.84.055 relating to reduction or waiver for Low - Income Housing Projects. 12. Ordinance Deleting Section 16.16.110 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 relating to security for improvement agreements. 14. Ordinance Amending Section 16.32.040 relating to amount of security for improvement agreements. 15. Ordinance Amending Section 17.04.545 relating to setbacks. 16. Ordinance Amending Section 17.08.130 relating to accessory buildings and structures. ACTION TAKEN ORD 4669 ORD 4670 ORD 4671 ORD 4672 ORD 4673 ORD 4674 ORD 4675 ORD 4676 ORD 4677 ORD 4678 ORD 4679 ORD 4680 Bakersfield, California, May 9, 2012 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.c. continued 17. Ordinance Amending Section 17.64.060, Subsection F, relating to conditional use permits - termination of rights. Resolutions: d. 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. e. Resolution approving an application to the Kern County Local Agency Formation Commission to annex to and detach from the City's various segments of the right -of -way of 7th Standard Road between State Route 99 and Santa Fe Way (Annexation No. 633). f. Resolution authorizing the Bakersfield Police Department to apply for the Edward Byrne Memorial Justice Assistance Grant ($160,568) from the U.S. Department of Justice to establish a Citizen Volunteer Unit within the BPD. g. Amendment Nol. to Resolution No. 069 -11, adopting for the Hooper Avenue and Kimberly Avenue Planned Sewer Area and making findings relative thereto. h. Resolution of Intention No. 1710 to add territory, Area 1 -90 (4850 Commerce Drive) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. Agreements: Agreement with Brown Armstrong Accountancy Corporation ($56,000) for a full scope annual audit of the 2011 -12 fiscal year. (Budget & Finance Committee recommends approval of agreement.) ORD 4681 RES 032 -12 RES 033 -12 RES 034 -12 REMOVED FOR SEPARATE CONSIDERATION ROI 1710 AGR 12 -054 1412 1413 Bakersfield, California, May 9, 2012 - Page 6 8. CONSENT CALENDAR continued Agreement with the Kern County Superintendent of Schools (KCSOS) ($87,848) to expand the Safe Community Partnership Strategy, consistent with the requirements set forth by CalEMA for the 2009 & 2011 Project Safe Neighborhoods grant. k. Agreement with The Segal Company (not to exceed $92,000 in 2012 -13, $93,500 in 2013 -14, $95,000 in 2014 -15 and $96,500 in 2015 -16) for Health Care Consulting. (Personnel Committee recommends approval of agreement.) Agreement with Geocon Consultant Inc. (not to exceed $84,750), for groundwater sampling and reporting to comply with discharge permits issued by the California State Water Resources Control Board for Wastewater Treatment Plants No. 2 and 3. M. Agreement with Bolthouse Properties, LLC ($83,000), to purchase real property located east of Allen Road and south of Ming Avenue for a domestic water well site. n. Amendment No. 1 to Agreement No. WR11 -008 with Quad Knopf, Inc. ($35,000; revised not to exceed $95,000), to provide environmental, biological and planning services. o. Amendments for additional On -Call Civil Engineering Services; Amendment No. 1 to Agreement No. 10 -086 with AECOM Technical Services, Inc. ($100,000; revised not to exceed $400,000). 2. Amendment No. 1 to Agreement No. 10 -087 with Meyers Civil Engineering, Inc. ($100,000; revised not to exceed $400,000). 3. Amendment No. 1 to Agreement No. 10 -088 with Rueftgers & Schuler Civil Engineers ($100,000, revised not to exceed $400,000). ACTION TAKEN AGR 12 -055 REMOVED FOR SEPARATE CONSIDERATION AGR 12 -057 AGR 12 -058 KrellaPZ11-IN AGR 10- 086(1) AGR 10- 087(1) AGR 10- 088(1) 1414 Bakersfield, California, May 9, 2012 — Page 7 8. CONSENT CALENDAR continued ACTION TAKEN p. Amendment No. 2 to Agreement 07 -222 with AGR 07- 222(2) HNTB Corporation ($113,991; revised not to exceed $4,459,548) for engineering design services for the Rosedale Highway Widening Project. (TRIP) q. Contract Change Order Nos. 24 and 32 to AGR 09 -076 Agreement No. 09 -076 with Security Paving CCO24, CCO32 Company, Inc. ($125,494.13: revised not to exceed $87,366,127.07), for the construction of the Westside Parkway Phase 2 Project. (TRIP) Bids: r. Accept bid from Lehr Auto Electric ($186,646.88) for fifty Panasonic Toughbook laptops for various City departments. S. Accept bid and approve contract with Courts AGR 12 -060 and Greens ($78,151) for the Tennis Courts Resurfacing Project -2012. t. Accept bid and approve contract with AGR 12 -061 Bowman Asphalt, Inc. (not to exceed $1,000,000), for the annual contract to provide and apply asphalt rejuvenator and sealant. U. Masonry Block Wall Project at Fire Station No. 1: 1. Accept bid and approve contract AGR 12 -062 with On Grade Contracting, Inc. ($69,400), for the project. 2. Transfer $51,400 savings from various Fire Department Capital Improvement Projects within the Capital Outlay Fund for the project. V. Accept bid and approve contract with Elite AGR 12 -063 Painting & Wallcovering, Inc. ($44,950), for repainting the Bright House Networks Amphitheatre. W. Construction on State Route 184 at Bedford Green Drive: 1. Accept bid and approve contract AGR 12 -064 with Granite Construction Company ($785,570) for the project. 1415 Q Bakersfield, California, May 9, 2012 - Page 8 CONSENT CALENDAR continued Item 8.w. continued 2. Appropriate $943,000 Caltrans share of project to the Public Works Department's Capital Improvement Budget within the Gas Tax Fund. X. State Farm Sports Village - Phase 2 Project; Accept bid and approve contract with S.C. Anderson, Inc. ($3,603,000), for base bid and additive alternate No. 1 - construct McKee Road of the Project. 2. Appropriate $430,000 Park Improvement Fund balance within the Park Improvement Fund to the Public Works Department Capital Improvement Budget. 3. Appropriate $350,000 Wastewater Enterprise Fund balance to the Public Works Capital Improvement budget within the Wastewater Enterprise Fund. Miscellaneous: Y. Appropriate $132,548 State Grant Revenues (Project Safe Neighborhoods Grant from the Office of Emergency Services) to the General Fund Police Operating Budget, for the expansion of the Safe Community Partnership Strategy to reduce gang violence. Z. Department of Housing & Urban Development (HUD) FY 11 -12 Action Plan Amendment No. 1 for the second allocation of Emergency Solutions Grant (HESG) funding. Successor Agency Business: aa. Receive and file Successor Agency payments from April 6, 2012 to April 26, 2012 in the amount of $441 ,745.64. bb. Amendment No. 2 to Agreement No. 08 -044 with Meyer Civil Engineering, Inc. ($44,000; revised not to exceed $672,330), to provide additional design consultant services for the Mill Creek Linear Park Project. ACTION TAKEN REMOVED BY STAFF AGR 08- 044(2) Bakersfield, California, May 9, 2012 - Page 9 8. CONSENT CALENDAR continued Vice -Mayor Couch announced that Councilmember Johnson had asked that item 8.k. be removed for separate consideration. Vice -Mayor Couch asked that item 8.g. be removed for separate consideration. Motion by Vice -Mayor Couch to adopt Consent Calendar items 8.a. through 8.bb., with the deletion of item 8.x., and the removal of items 8.g. and 8.k. for separate consideration. g. Amendment Nol. to Resolution No. 069 -11, adopting for the Hooper Avenue and Kimberly Avenue Planned Sewer Area and making findings relative thereto. At the request of Vice -Mayor Couch, City Manager Tandy provided clarification on this item. Motion by Vice -Mayor Couch to adopt Consent Calendar item 8.g. k. Agreement with The Segal Company (not to exceed $92,000 in 2012 -13, $93,500 in 2013 -14, $95,000 in 2014 -15 and $96,500 in 2015 -16) for Health Care Consulting. (Personnel Committee recommends approval of agreement.) Councilmember Johnson proposed that, instead of a four -year contract with the Segal Company, to have a one -year contract with an option for another year, then an option for another year, and an option for another year, to get to the 4 years. Councilmember Hanson indicated he is comfortable with the recommendation of the Personnel Committee. Councilmember Benham announced she would abstain due to conflict of interest, possible source of income to her employer, on item 8.k. In response to a question by Councilmember Johnson, City Manager Tandy advised that in a normal time it would take three months to do an RFP, and if we were on an accelerated schedule, it could probably be done in six weeks. ACTION TAKEN APPROVED RES 069 -110) APPROVED AGR 12 -056 i 1416 141.7 Bakersfield, California, May 9, 2012 -Page 10 8. CONSENT CALENDAR continued ACTION TAKEN Item 8,k. continued Motion by Councilmember Johnson to approve the APPROVED agreement with a three -year renewal, as in the last NOES WEIR, contract, with a one -year option similar to the HANSON,SULLIVAN ABS BENHAM agreement passed in 2008. Due to tie vote, Mayor Hall voted. MAYOR VOTED AYE 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider Resolution ordering RES 035 -12 the vacation of Eye Street between 8th & 9th streets and attached alleys, (Staff recommends adoption of resolution.) b. Public Hearing to consider Resolution ordering RES 036 -12 the vacation of a portion of street right -of -way on Valley Falls Lane, and easements for landscape, wall and utility areas on Berkshire Road, in Tract 6359 -2. (Staff recommends adoption of resolution.) Consent Calendar Public Hearings opened at 6:28 p.m. No one spoke. Consent Calendar Public Hearings closed at 6:29 p.m. Motion by Vice -Mayor Couch to adopt Consent APPROVED Calendar Public Hearings items 9.a. and 9.b. 10. HEARINGS None. 11. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(3)(A) of Government Code Section 54956.9 (four matters). Motion by Vice -Mayor Couch to adjourn to Closed APPROVED Session at 6 :30 p.m. Motion by Councilmember Weir to adjourn from APPROVED Closed Session at 8 :12 p.m. RECONVENED MEETING AT 8:18 p.m. 1418 Bakersfield, California, May 9, 2012 - Page 11 12. CLOSED SESSION ACTION ACTION TAKEN IF a. Conference with Legal Counsel - Potential NO REPORTABLE Litigation; Closed Session pursuant to subdivision ACTION (b)(3)(A) of Government Code Section 54956.9 (four matters). 13. REPORTS a. Department Budget Presentations; 1. General Government Administrative Analyst Huot made staff comments and provided a PowerPoint presentation. Councilmember Johnson requested that copies of the PowerPoint presentations be provided to the Council. Administrative Analyst Huot advised that the PowerPoints will also be available on the City's website as of tomorrow. 2. Financial Services Finance Director Smith made staff comments and provided a PowerPoint presentation. Councilmember Weir requested that an estimated cost of the 38 new positions be provided to the Council. 14. DEFERRED BUSINESS None. 15. NEW BUSINESS a. Budget and Finance Committee Report regarding FY 12/13 Community Development Block Grant (CDBG - $3,014,770), HOME Investment Partnership (HOME - $1,056,992), and Emergency Shelter Grant (ESG - $262,778) Annual Action Plan submittal (Total - $4,334,540). Economic Development Director Kunz made staff comments and introduced Associate Planner Ryan Bland, who is the Program Manager for the Block Grant Program. 1 4 1.9 Bakersfield, California, May 9, 2012 - Page 12 15. NEW BUSINESS continued ACTION TAKEN Item 15.a. continued Motion by Councilmember Johnson to accept the APPROVED report, and authorize the City Manager to execute the necessary HUD documents required to submit the Annual Action Plan. b. Accept bid and approve contract with DOD AGR 12 -065 Construction ($339,809.02) for sidewalks, curb and gutters on the block from H to G streets and 181h and 19th streets, alley resurfacing and for lighting and surface improvements at 19th and H streets staging area. Economic Development Director Kunz made staff comments and recommended acceptance of the bid and approval of the contract with DOD Construction. Motion by Councilmember Benham to accept the bid APPROVED and approve the agreement. NOES JOHNSON 16. COUNCIL AND MAYOR STATEMENTS Councilmember Sullivan advised that she has received several phone calls regarding an unreasonable number of cats in a certain neighborhood; and she requested that this matter be referred to the Legislative and Litigation Committee to review the existing ordinance regarding the maximum number of cats per household. Councilmember Hanson expressed his concern about the block walls on the east side of Gosford Road between Ming Avenue and Stockdale Highway that look like they are going to crumble in the near future because of water damage. Councilmember Salas thanked Recreation and Parks for working on the shade structures at Stiern Park, Councilmember Salas advised that he has been approached by several groups about the capacity for soccer fields at various parks, and he would like staff to get back to him regarding incorporating this topic in the Recreation and Parks budget presentation. -- Bakersfield, California, May 9, 2012 - Page 13 17. ADJOURNMENT Mayor Hall adjourned the meeting at 8:45 MAYOR of the City of Bakersfield, CA ATTEST: - lcwa� CITY CLERK and Ex O Clerk of the Council of the City of Bakersfield ACTION TAKEN .1420 '1421 Bakersfield, California, May 9, 2012 — Page 14 * * * *TKIS PAGE INTENTIONALLY LEFT BLANK * *�*