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
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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.
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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.
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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
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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)
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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.
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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
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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.
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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.
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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.
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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
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