HomeMy WebLinkAbout06/06/12 CC MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 6, 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
Administrative Assistant Lawrence announced that, at the
request of staff, Agenda Item 8.e. was pulled; and, at the
request of the City Attorney, Agenda Item 10. b, was pulled.
2. INVOCATION by Rabbi Shmuel Schlanger, Chabad of
Bakersfield.
3. PLEDGE OF ALLEGIANCE by Samuel Baldovinos, 4th
grade student at Country Christian School.
Mayor Hall acknowledged the students from the California
State University, Bakersfield Communications class in
attendance at the meeting to learn about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
John Enriquez, declaring June 14, 2012, Friend
of the Fox Day.
Rick Davis, President of the Fox Foundation,
accepted the Proclamation and made
comments.
b. Presentation by Mayor Hall of a Proclamation to
Mike Scott, declaring June 18, 2012, Motorcycle
and Scooter Ride to Work Day.
Mr. Scott accepted the Proclamation and
made comments.
ACTION TAKEN
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5. PUBLIC STATEMENTS ACTION TAKEN
a. Ricky Keel, with Fence Menders, spoke
regarding his concerns that tons of fruit do not
get picked, fall to the ground and spoil; and he
recommended starting a program to recover
and recycle the fruit for the Homeless Center
and others in need.
b. Cydney Henderson asked the City Council to
introduce a resolution to overturn the Citizens
United decision taken by the Supreme Court,
which deemed that corporations are people
and they, therefore, have the same civil rights.
C. Terry Phillips asked the City Council to consider
passing a resolution stating that Bakersfield is
not going to allow money to be the most
important factor in our democracy.
d. Arthur Unger, with the Kern Kaweah Chapter of
the Sierra Club, requested that the City Council
ask our Congressional representatives to reverse
the decision of Citizens United vs. The Federal
Elections Commission.
6. WORKSHOPS
a, Department Budget Presentations:
City Attorney's Office
City Attorney Gennaro made staff
comments and provided a PowerPoint
presentation.
2. Recreation and Parks Department
Recreation and Parks Director Hoover made
staff comments and provided a PowerPoint
presentation.
Councilmember Weir asked staff to look at
opportunities where we could contract out, or
outsource, some of the activities that go under
routine maintenance, etc., and report back.
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6. WORKSHOPS ACTION TAKEN
Item 6.a. continued
3. Economic and Community
Development Department
Economic Development Director Kunz made
staff comments and provided a PowerPoint
presentation.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 23, 2012
Regular City Council Meeting.
Payments:
b. Receive and file department payments from
May 11, 2012 to May 24, 2012 in the amount of
$14,194,103.02 and self- insurance payments
from May 11, 2012 to May 24, 2012 in the
amount of $278,063.00, totaling $14,472,166.02.
Ordinances:
C. Adoption of Ordinance approving a Negative ORD 4682
Declaration and amending the Official Zoning
Map in Title 17 of the Municipal Code by
changing the zone district from R -2 /PUD
(Limited Multiple Family Dwelling /Planned Unit
Development) to C -2 /PCD (Regional
Commercial /Planned Commercial
Development) on 9.88 acres located at the
northeast corner of Panama Lane and Ashe
Road (ZC # 11 -0418 - McIntosh & Associates,
representing JEC Panama, LLC, the property
owner). (FR 05123112)
d. Adoption of Ordinance amending the Official ORD 4683
Zoning Map in Title 17 of the Municipal Code by
changing the zone district from PUD (Planned
Unit Development) to A (Agriculture) on
approximately 40 acres, located one -half mile
south of East Panama Lane along the east side
of Cottonwood Road (ZC # 12 -0023 - property
owner, City). (FR 05123112)
143.57
8.
Bakersfield, California, June 6, 2012 - Page 4
CONSENT CALENDAR continued
Resolutions:
e. Resolution adopting a policy establishing
standards for development at Taff Highway
(State Route 119).
f. 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. Resolution approving the destruction of certain
obsolete City record, documents, instruments,
books and papers, pursuant to Section 34090 et
seq. of the California Government Code.
(Finance Department)
h. Resolution adopting sewer connection fees
pursuant to Section 14.12.380 of the
Municipal Code.
L Resolution providing for the collection of
residential refuse fees by the Kern County
Auditor - Controller's Office.
Resolution providing for the collection of sewer
and storm sewer service user fees by the Kern
County Auditor - Controller's Office.
k. Proposed Bond Refunding of Selected
Assessment District Bonds:
Resolution of the City to approve the form
and substance of a Reimbursement
Agreement with California Statewide
Communities Development Authority
( CSCDA) for District Formation and
Declaring its preliminary intention to refund
specified limited obligation bonds, and
appointing an Underwriter, Bond Counsel
and Authorizing staff to work with the
CSCDA to hire a Reassessment Engineer to
prepare a report thereon.
ACTION TAKEN
REMOVED BY STAFF
RES 047 -12
RES 048 -12
RES 049 -12
RES 050 -12
RES 051 -12
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, June 6, 2012 — Page 5
S. CONSENT CALENDAR continued
Item 8.k. continued
2. Transfer $10,000 council contingency funds
and transfer $60,000 savings from the
elections account to the professional
consulting line item within the non -
departmental budget in the General Fund.
Agreements:
On Call maintenance services at Wastewater
Treatment Plant No. 2 and No. 3:
1. Agreement with Crider Construction, Inc.
(not to exceed $200,000), for the services.
2. Agreement with Flo- Systems, Inc. (not to
exceed $200,000), for the services.
M. Design of Manor Street Bridge Retrofit Project at
Kern River:
1. Agreement with WKE Inc. ($59,900.00), for
the project.
2. Appropriate $53,118 Federal Seismic Retrofit
and Bridge Rehabilitation funds to the Public
Works Department's Capital Improvement
budget within the SAFETEA -LU Fund.
n. Kern River Interests Cost Sharing Agreement
relating to United States Army Corps of
Engineers Restrictions on use of Isabella
Reservoir Storage Space (City's pro -rata
share not to exceed $42,0000).
o. Amendment No. 2 to Agreement No. 11 -065
with Wholesale Fuels Inc. ($40,000; revised not
to exceed $120,000 and extends term 1 year),
to continue the supply of propane.
P. Amendment No. 3 to Agreement No. 10 -080
with Commercial Cleaning Systems, Inc.
($43,372; revised not to exceed $130,116 and
extends term 1 year), to allow continuance of
the annual contract for janitorial maintenance
of City Hall North.
ACTION TAKEN
AGR 12 -071
AGR 12 -072
AGR 12 -073
AGR 12 -074
AGR 11- 065(2)
AGR 10- 080(3)
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CONSENT CALENDAR continued ACTION TAKEN
q. Westside Parkway Engineering Design Services:
(TRIP)
1. Approve Amendment No. 5 to Agreement
AGR 07- 082(5)
No. 07 -082 with AECOM USA, Inc. ($950,000;
revised not to exceed $16,606,684), for the
project.
2. Appropriate $950,000 Gas Tax Fund Balance
to the Public Works Capital Improvement
budget within the Gas Tax fund.
r. Contract Change Order Nos. 4, 5, 6, 11 and 12
AGR 11 -011
to Agreement No. 11 -011 with MGE
CCO4, CCO5,
Underground, Inc. (a credit of $59,875.67,
CCO6, CCO11,
CCO12
revised not to exceed $4,663,473.98) for the
construction of the Westside Parkway Phase 6A
Project. (TRIP)
Bids:
S. Accept bid and approve contract with AGR 12 -075
Bowman Asphalt, Inc. ($305,962), for the street
widening project located at Buena Vista Road,
Vista Ridge Drive to White Lane.
t. Purchase of GPS Survey Equipment:
1. Accept bid from Absolute Accuracy, Inc.
($47,851.20), for the Public Works
Department, Construction Engineering
Division.
2, Appropriate and transfer $47,860 General
Fund balance to the Public Works
Department's Operating budget within the
Equipment Management Fund.
U. Lighting Retrofit at the Rabobank Arena and
Convention Center:
1. Accept bid and approve contract to A -C AGR 12 -076
Electric Company, ($197,874) for the
project.
2. Approve loan documents from Pacific Gas AGR 12 -088
and Electric Company (P.G. & E.) in the AGR 12 -089
amount of $197,874 to fund the project.
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Bakersfield, California, June 6, 2012 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.u. continued
3. Appropriate $197,874 loan proceeds to the
Public Works Capital Improvement budget
within the Capital Outlay Fund for the
project.
Miscellaneous:
V. Authorize the Finance Director to write off
accounts receivable in various funds totaling
$98,652.76 and forward non bankrupt accounts
to a collection agency for additional collection
efforts.
Successor Agency Business:
W. Receive and file Successor Agency payments
from May 11, 2012 to May 24, 2012 in the
amount of $81,595.72.
Administrative Assistant Lawrence announced that
revised backup documentation was received on
item 8.e.
Councilmember Weir asked that item 8.k. be removed
for separate consideration.
Motion by Vice -Mayor Couch to adopt Consent APPROVED
Calendar items 8.a. through 8. w., with the deletion of
item 8.e., and the removal for separate consideration
of item 8.k.
k. Proposed Bond Refunding of Selected
Assessment District Bonds:
Resolution of the City to approve the form RES 052 -12
and substance of a Reimbursement
Agreement with California Statewide
Communities Development Authority
( CSCDA) for District Formation and
Declaring its preliminary intention to refund
specified limited obligation bonds, and
appointing an Underwriter, Bond Counsel
and Authorizing staff to work with the
CSCDA to hire a Reassessment Engineer to
prepare a report thereon.
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Bakersfield, California, June 6, 2012 - Page 8
CONSENT CALENDAR continued
Item 8.k. continued
2. Transfer $10,000 council contingency funds
and transfer $60,000 savings from the
elections account to the professional
consulting line item within the non -
departmental budget in the General Fund.
Motion by Councilmember Weir to adopt Consent
Calendar item 8.k.
CONSENT CALENDAR PUBLIC HEARINGS
a. Protest Hearing to consider Resolution
approving and adopting the Public Works
Director's Report for the Consolidated
Maintenance District and the 2012 -2013
budget, confirming the park landscaping
assessments and authorizing collection of
assessments by the Kern County Tax Collector.
(Staff recommends overriding protests and adoption
of resolution.)
b. Protest Hearing to consider Resolution
approving and adopting the Public Works
Director's Report for the Consolidated
Maintenance District and the 2012 -2013
budget, confirming the street landscaping
assessments and authorizing collection of
assessments by the Kern County Tax Collector.
(Staff recommends overriding protests and adoption
of resolution.)
C. Protest Hearing to consider Resolution
approving and adopting the Public Works
Director's Report for seventeen (17) Traffic
Signal Maintenance Districts and the 2012 -2013
budgets, confirming the assessments and
authorizing collection of assessments by the
Kern County Tax Collector. (Staff recommends
overriding protests and adoption of resolution.)
d. Public Hearing to consider the proposed
expenditure plan for the 2010 -12 Supplemental
Law Enforcement Services Funding (S.L.E.S.F.).
(Staff recommends approval of the proposed
expenditures and appropriations.)
1. Appropriate $5,200 State Grant revenues to
the Police Operating budget within the
S.L.E.S.F. Fund.
ACTION TAKEN
APPROVED
RES 053 -12
RES 054 -12
RES 055 -12
Bakersfield, California, June 6, 2012 - Page 9
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
Consent Calendar Public Hearings opened at
6:29 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. through 9.d.
10. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
b. Conference with Legal Counsel - Existing REMOVED BY STAFF
Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9
regarding Mohamad Harb, et al. v. City, KCSC
Case No. S- 1500 -CV- 265887 SPC.
Motion by Vice -Mayor Couch to adjourn to Closed
Session at 6:29 p.m.
Motion by Councilmember Weir to adjourn from
Closed Session at 6.42 p.m.
RECONVENED MEETING AT 6:59 p.m.
11. CLOSED SESSION ACTION
Negotiator pursuant to NO REPORTABLE
a. Conference with Labor Ne
g p ACTION
Government Code Section 54957.6.
12. REPORTS
a. Resolution adopting a Mitigated Negative RES056 -12
Declaration in accordance with Section 15074
of the California Environmental Quality Act
(CEQA) Guidelines and approval of the
mitigation monitoring program prepared in
compliance with California Public Resources
Code Section 21081.6 for State Route 58
(Rosedale Highway) Widening Project. (TRIP)
Public Works Director Rojas made staff
comments and recommended adoption of
Resolution certifying the Mitigated Negative
Declaration, adoption of the mitigation
monitoring program and selection of the Build
Alternative.
Motion by Vice -Mayor Couch to adopt the staff APPROVED
recommendation.
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12. REPORTS ACTION TAKEN
b. Department Budget Presentations:
1. Convention and Visitors Bureau
Convention and Visitors Bureau Manager
Lyman made staff comments and provided a
PowerPoint presentation.
Councilmember Johnson asked staff to provide
a breakdown of the budget allocations to him
in the form of an e-mail.
2. Rabobank Arena /SMG
SMG /Rabobank Arena, Theater & Convention
Center /SMG /Bright House Networks
Amphitheatre /San Joaquin Community
Hospital Ice Center of Bakersfield General
Manager Neal made staff comments, provided
a PowerPoint presentation, and showed a short
video.
3. Water Resources Department
Water Resources Manager Chianello made
staff comments and provided a PowerPoint
presentation.
13. HEARINGS
a. Public Hearing for the Fiscal Year 2012 -2013
Operating and Capital Improvement Program
Budgets.
City Manager Tandy made staff comments and
recommended Council hear public testimony.
Hearing opened at 7:49 p.m.
No one spoke.
Hearing closed at 7:49 p.m.
14. DEFERRED BUSINESS
None.
15. NEW BUSINESS
None.
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16. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN
Councilmember Hanson advised he had three
requests to pass along to staff for follow up.
Councilmember Hanson congratulated
Councilmember Salas, Vice -Mayor Couch, and
Mayor Hall for their election victories.
Councilmember Benham asked staff to look at the
possibility of getting a new site for the entrance sign on
the north side of the City that is as attractive as the
one on the south end.
Councilmember Salas asked staff to provide a status
update on the alley at El Serrano and South Chester
that is being used as a dumpster and looks like it was
burnt at some point.
Councilmember Sullivan asked staff to work it into the
budget to get the artificial turf completed on Stine
Road near Ridgeview High School.
Councilmember Sullivan thanked San Joaquin
Community Hospital for the donation to fund the
Movies in the Park again this year.
Councilmember Sullivan advised that she had
previously mentioned to staff about looking into the
brightness of the lit signs to compare those and
determine the least amount of brightness necessary,
and that she had received a complaint about one of
the signs this week.
Vice -Mayor Couch advised he would like to have a
conversation later with staff regarding a sewer fee
increase by the North of the River Sanitation District,
which was quite high.
Vice -Mayor Couch congratulated Mayor Hall on his
victory in becoming the longest serving mayor in the
City of Bakersfield's history; he congratulated
Councilmember Salas, as well, and wished him luck;
he thanked Councilmembers Johnson and Benham,
and Mayor Hall for their support in his campaign; and
he expressed his appreciation to the staff who were
very helpful during the last few months.
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Bakersfield, California, June 6, 2012 - Page 12
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Vice -Mayor Couch advised that, while there are about
20,000 ballots still to be counted by the County of Kem,
and in the event that the vote count does not change
dramatically and it does not alter the winner of the
District 4 Supervisorial election, he read the following
statement into the record: "1, David Couch, the duly
elected Councilmember of Ward 4 for the City of
Bakersfield, County of Kern, State of California, hereby
declare that 1 shall vacate my Councilmember seat
either at or before the Bakersfield City Council
meeting at which time the elected Councilmembers
from the November 2012 General Election are sworn in
by the Bakersfield City Clerk. 1 understand and agree
that in making this declaration at this time, the City
Council shall adopt a Resolution declaring a vacancy
in Ward 4 in December 2012, and direct the City Clerk
to accept Nomination Papers for the November 2012
General Election. 1 further understand and agree that
this is an irrevocable intent to vacate my
Councilmember seat, assuming the vote count doesn't
change. 1 declare under penalty of perjury that the
above is true and correct, and it would be executed
today, June 6m, in Bakersfield, Kern County,
California. "
Mayor Hall announced that he was very pleased with
the re- election and looks forward to continuing to
serve as he has for the last 12 years; he congratulated
Vice -Mayor Couch on his election; and congratulated
Councilmember Salas on his first round, and wished
him success in the General Election.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:59 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST;
V�X�L i_"
CITY CLERK and Ex Offici tlerk of
the Council of the City of Bakersfield