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HomeMy WebLinkAbout06/27/12 CC MINUTESBAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 27, 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 that correspondence was received from staff requesting Consent Calendar Item 8.r., "Amendments to agreements regarding Animal Control ", be pulled from the Agenda. 2. INVOCATION by Pastor Toure Tyler, The Cross Christian Church. 3. PLEDGE OF ALLEGIANCE by Cullen Loyd, 5'h grade student at Standard Elementary School. 4. PRESENTATIONS a. Presentation by Mayor Hall of certificates honoring Kern High School District's 2012 First in Class Students in the Greater Bakersfield area. Mayor Hall was joined by Councilmember Sullivan for this presentation, and recognized the following students and presented them with certificates: ACTION TAKEN 1444 1445 4. Bakersfield, California, June 27, 2012 — Page 2 PRESENTATIONS Item 4.a. continued First in Class recipients • Claire E. Daike, Ashley N. Morris, Kristen A. Reynier - Bakersfield High School • Jonathan A. Gernes, Eric J. Millan, Leah N. Moore - Centennial High School • Tammy Y. Yabiku - East Bakersfield High School • Cynthia Cervantes, Chasidy S. Miles, Karla Murillo, Alberto D. Romo - Foothill High School • Harleen Gill - Frontier High School • Matthew P. Kedzierski - Golden Valley High School • Kathleen L. Furtado, Raymond Martinez, Morgan C. Wallace - Highland High School • Wendi Wu - Independence High School • Adrienne A. Bowman, Jarrett G. Froehlich, Jenna N. Grove, Austin P. Rodriguez - Liberty High School • Dennise Alatorre, Joshua R. Miller, Alejandro Mireles - North High School • Jordan I. Abel - South High School • Brooke C. Dickens, Jotthe Kannappan, Isheeta H. Madeka, Adwight A. Risbud, Lauren L. Wright, Alan L. Xu - Stockdale High School • Jenna L. Keller - West High School b. Presentation by Mayor Hail of a Certificate of Appreciation to Dionne Dalzell acknowledging her selection as the Yard of the Quarter recipient. Ms. Dalzell accepted the Certificate of Appreciation, along with a gift certificate from Bolles Nursery, and made comments. C. Presentation by Mayor Hall of Proclamation to Dianne Hoover, Recreation & Parks Director, proclaiming July, 2012, Recreation & Parks Month. Recreation & Parks Director Hoover accepted the Proclamation and made comments. Recess taken from 5:38 p.m. to 5:43 p.m. ACTION TAKEN :I Bakersfield, California, June 27, 2012 - Page 3 Mayor Hall acknowledged the students from the Bakersfield College Political Science class in attendance at the meeting to learn about City government. 5. PUBLIC STATEMENTS a. Liz Keogh spoke regarding animal control. b. Marvin Dean spoke regarding the following: Animal shelter issue; Agenda Item 8.f., AB 1779, and submitted written material; and Agenda Item 8.t., Agreement with Meo Group, and submitted written material. C. Audrey Cochran spoke regarding the proposed planned parenthood facility west of Mercy Hospital and urged the City Council to schedule a public hearing for that project. d. Tim and Terri Palmquist spoke in opposition to the proposed planned parenthood facility. Councilmember Johnson asked the City Attorney to see if there is anything the City can do regarding the concerns of the three speakers who spoke about the planned parenthood facility, and respond to them in writing. 6. WORKSHOPS None. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the June 6, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from May 25, 2012 to June 14, 2012 in the amount of $20,252,122.87 and self- insurance payments from May 25, 2012 to June 14, 2012 in the amount of $372,032.96, totaling $20,624,155.83. ACTION TAKEN 1446 1447 Bakersfield, California, June 27, 2012 - Page 4 8. CONSENT CALENDAR continued Ordinances: C. First Reading of an Ordinance amending Municipal Code Section 1. 12.010 by adding Annexation No. 629 located at the southwest corner of Wilson Road and South Union Avenue to Ward 1. Resolutions: d. Resolutions Setting Salaries and Related Benefits: 1. Resolution approving the Memorandum of Understanding Setting Salaries and Related Benefits for the Firefighters and Engineers Unit of the Fire Department, 2. Resolution approving the Memorandum of Understanding Setting Salaries and Related Benefits for the Fire Supervisory Unit of the Fire Department. e. Resolution Setting Salaries and Related Benefits for Officers and Employees of the General Supervisory, Police Supervisory and Management Units. f. Resolution in opposition to AB1779 (Galgiani) regarding intercity rail agreements. g. Resolution calling and giving notice of holding a General Municipal Election for the election of Councilmembers for Wards 2, 5 & 6, calling a Special Election for the Election of Councilmember for Ward 4 and requesting consolidation with the County of Kern State -wide General Election to be held on Tuesday, November 6, 2012. h. 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, ACTION TAKEN FR RES 057 -12 RES 058 -12 RES 059 -12 REMOVED FOR SEPARATE CONSIDERATION RES 061 -12 RES 062 -12 F�l F111 Bakersfield, California, June 27, 2012 - Page 5 8. CONSENT CALENDAR continued i. Resolution adopting a policy establishing standards for development of Taff Highway (State Route 119). j. Delinquent refuse and sewer charges on FY2012 -13 property tax rolls: 1. Resolution providing for the collection of delinquent refuses fees by the Kern County Auditor - Controller's Office. 2. Resolution providing for the collection of delinquent sewer fees by the Kern County Auditor - Controller's Office. k. Resolution authorizing the Police Department to accept funding ($88,740) made available through the Grant Assistance Program (GAP) of the California Department of Alcoholic Beverage Control (ABC). Sewer connection and construction fee assessments: Resolution confirming assessments for sewer connection and construction fees and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreements with the property owners to pay sewer connection and construction fees in installments through the Kern County Tax Collector: a. Richard L. Stone and Susan P. Stone, 7401 Hooper Avenue. b. Claude E. Rankin and Brenda K. Rankin, 7809 Hooper Avenue. M. Resolution of Intention No. 1716 to add territory, Area 3 -84 (5101 Woodmere Drive) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. ACTION TAKEN kES 063 -12 RES 064 -12 RES 065 -12 RES 066 -12 RES 067 -12 AGR 12 -078 AGR 12 -079 ROI 1716 1448 1449 Bakersfield, California, June 27, 2012 - Page 6 8. CONSENT CALENDAR continued n. Resolution of Intention No. 1711 to order the vacation of portions of the public utility easements as created with Tract Map 6444, Phase 2, lots 11, 20, 104, 107, 151, 197, 204, 205, and 212, located in The Seasons Development, bordered by Paladino Drive to the north and Panorama Drive to the south. Agreements: o. Contracts for outside legal services: 1. Agreement with Clifford and Brown, ($75,000) for General Miscellaneous Issues. 2. Agreement with Clifford and Brown, ($75,000) for General Personnel Issues. P. Street Utility Cut Guarantee Agreement with TW Telecom, Inc., which guarantees the quality of utility company's work in repairing and replacing the street after cutting existing roadway to lay utility lines. q. Agreement with Edwin W. Wilson Family Trust ($153,000) to purchase real property located at the southeast and northeast corner of Morning Drive and Panorama Drive for the Morning Drive Interchange Project. (TRIP) r. Amendments to agreements regarding Animal Control: 1. Amendment No. 3 to Agreement No. 09 -081 with the County of Kern ($107,802; revised not to exceed $1,105,012 and extends term through October 21, 2012) for animal care services. 2. Amendment No. 2 to Agreement No. 78 -146 with the County of Kern revising the terms and conditions of the lease for real property located at 201 South Mount Vernon Avenue, ACTION TAKEN ROI 1711 AGR 12 -080 AGR 12 -081 AGR 12 -082 AGR 12 -083 DEED 7536 REMOVED BY STAFF FJ F-J, 8. Bakersfield, California, June 27, 2012 - Page 7 CONSENT CALENDAR continued Homelessness Prevention Services and Rapid Re- Housing Services (HPRP): Amendment No. 4 to Agreement No. 09 -126 with Bethany Services /Bakersfield Homeless Center to allow the reallocation of Homelessness Prevention funds of $24,015.54 from the Stabilization line item and $19,308.47 from Data Collection to Financial Assistance line item. Agreement with The Meo Group, Inc. (not to exceed $322,830), for HOME Investment Partnership (HOME) funds, to construct and develop 67 affordable multi - family units at 519 19th Street - 19th Street Seniors. U. Contract for Industrial Laundry Service: Rescind Agreement No. 12 -070 with Prudential Overall Supply ($420,000) for industrial laundry service. 2. Accept bid and approve contract with Aramark Uniform & Career Apparel, LLC (not to exceed $525,000), for three years of service. 3. Approve Amendment No. 6 to Agreement No. 06 -219 with Ameripride Uniform Services (extending term an additional 28 days to August 16, 2012) for continuance of providing service. V. Amendment No. 1 to Agreement No. 10 -085 with A -C Electric Company, (no increase; extends term an additional 120 days) for electrical services at the Mount Vernon Greenwaste Recycling Facility. W. Amendment No. 3 to Agreement No. 10 -107 with Kern Sprinkler Landscaping, Inc. ($240,000; revised not to exceed $594,648.25 and extends term 1 year), to continue the supply of landscape and irrigation services. ACTION TAKEN AGR 09- 126(4) REMOVED FOR SEPARATE CONSIDERATION AGR 12 -085 AGR 06- 219(6) AGR 10- 085(1) AGR 10- 107(3) 1450 1451 8 Bakersfield, California, June 27, 2012 - Page 8 CONSENT CALENDAR continued ACTION TAKEN X, Contract Change Order Nos. 2 and 3 to AGR 11-091 Agreement No. 11 -091 with Raminha CCO2, CCO3 Construction ($201,763.80; revised not to exceed $3,584,391.30) for the Bakersfield City Sanitary Landfill Closure Project. Y. Contract Change Order No. 28 to Agreement AGR 09 -076 No. 09 -076 with Security Paving Company, Inc. CCO28 ($16,703.28; revised not to exceed $87,392,830.35), for the construction of the Westside Parkway Phase 2 Project. (TRIP) Z. Contract Change Order No. 30 to Agreement AGR 11 -035 No. 11 -035 with GSE Construction, Inc. ($38,549; CC030 revised not to exceed $5,218,049), for the Wastewater Treatment Plant 2 Septage /Grease Receiving Station and Odor Control Project. Bids: aa. Accept bid from Jim Burke Ford, ($40,989.94) for two replacement four wheel drive 1/2 ton pickups for Water Resources and Public Works, Solid Waste Division. bb. Accept bid and approve annual contract with AGR 12 -086 Loop Electric Inc. (not to exceed $359,760), for Vehicle Loop Cutting. CC. Accept bid and approve contract with AGR 12 -087 Bowman Asphalt, Inc. ($2,988,369.30), for the Taft Highway (SRI 19) Widening Improvements Project from Gosford Road to Ashe Road. Miscellaneous: dd. Final Tract Map with Castle & Cooke California, Inc., for Tract 7202 Phase 1 located west of Renfro Road and south of Stockdale Highway. ee. Appropriate $138,000 Transportation Development Act Article 3 Grant funds to the Public Works Department's Capital Improvement Budget within the Bikeway and Pedestrian Pathway fund for marking bike lanes on existing streets within the City at three sites. Fl� 1452 Bakersfield, California, June 27, 2012 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN ff. Electronic Communications (Legislative & Litigation Committee recommends implementation.): 1, Implementation of an Employee Training Program 2. Modification of the E -Mail Auto Deletion Procedure gg. Budgetary actions regarding 24th and Oak Street Intersection Improvements, 24th Street Widening and SR 178 at Morning Drive projects: (TRIP) Appropriate $1,991,925 in Federal SAFETEA -LU funding to the Capital Improvement budget within the TRIP Federal /State fund for the projects. 2. Appropriate and transfer $258,075 Transportation Development fund balance to the TRIP Local Match fund for local match requirements associated with the projects. hh. Budgetary Actions regarding Westside Parkway Phase 6A: (TRIP) 1. Appropriate $376,000 in Other Agency Share funds from the Kern County Water Agency to the Public Works Capital Improvement Budget within the Capital Outlay Utility /Roads fund for work on Westside Parkway project KCWA6A, 2, Appropriate $30,436 in Other Agency Share funds from Southern California Gas Company to the Public Works Capital Improvement Budget within the Capital Outlay Utility /Roads fund for work on Westside Parkway project SCGC6A. SUCCESSOR AGENCY BUSINESS Receive and file Successor Agency payments from May 25, 2012 to June 14, 2012 in the amount of $964,667.44, Councilmember Salas asked that item 81 be removed for separate consideration. 1453 91 6 Bakersfield, California, June 27, 2012 - Page 10 CONSENT CALENDAR continued Councilmember Johnson asked that item 8.t. be removed for separate consideration. Motion by Vice -Mayor Couch to adopt Consent Calendar items 8.a. through 8.H., with the deletion of item 8.r., and the removal for separate consideration of items 8. f, and 8. t. f. Resolution in opposition to AB 1779 (Galgiani) regarding intercity rail agreements. Motion by Councilmember Solos for continuance on this item. Motion by Councilmember Weir to adopt the Resolution. t. Agreement with The Meo Group, Inc. (not to exceed $322,830), for HOME Investment Partnership (HOME) funds, to construct and develop 67 affordable multi - family units at 519 19th Street - 191h Street Seniors. Councilmember Johnson announced he would not support adoption of this item. Councilmember Hanson announced he would abstain due to conflict of interest, possible source of income to his employer, on Consent Calendar Item 8.t. Motion by Vice -Mayor Couch to adopt Consent Calendar Item 8.t. CONSENT CALENDAR PUBLIC HEARINGS a. Public hearing on Resolution of Necessity to determine the public interest and necessity for acquisition of certain real property located at State Route 178 and Morning Drive (APN # 434 - 010 -66) by eminent domain for the new Morning Drive and State Route] 78 Interchange Project. (TRIP) (Staff recommends adoption of Resolution.) ACTION TAKEN APPROVED RES 060 -12 MOTION FAILED NOES COUCH, WEIR, HANSON, JOHNSON APPROVED ABS SALAS AGR 12 -084 APPROVED ABS HANSON NOES JOHNSON RES 068 -12 i �:J 1-11, M Bakersfield, California, June 27, 2012 - Page 11 CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN b. Public hearing on Resolution of Necessity to RES 0617 - lZ determine the public interest and necessity for acquisition of certain real property located at State Route 178 and Morning Drive (APN # 434 - 010 -06) by eminent domain for the new Morning Drive and State Route 178 Interchange Project. (TRIP) (Staff recommends adoption of Resolution.) c. Public hearing on Resolution of Necessity to RES 070 -12 determine the public interest and necessity for acquisition of certain real property located at State Route 178 and Morning Drive (APN # 531 - 011 -21, formerly APN # 531 - 010 -55) by eminent domain for the new Morning Drive and State Route 178 Interchange Project. (TRIP) (Staff recommends adoption of Resolution.) d. Public hearing on Resolution of Necessity to RES 071 -12 determine the public interest and necessity for acquisition of certain real property located at State Route 178 and Morning Drive (APN # 533 - 012 -39) by eminent domain for the new Morning Drive and State Route 178 Interchange Project. (TRIP) (Staff recommends adoption of Resolution.) e. Public hearing on Resolution of Necessity to RES 072 -12 determine the public interest and necessity for acquisition of certain real property located at State Route 178 and Morning Drive (APN # 531 - 011 -06, formerly APN # 531 - 010 -25) by eminent domain for the new Morning Drive and State Route 178 Interchange Project. (TRIP) (Staff recommends adoption of Resolution.) Consent Calendar Public Hearings opened at 6:14 p.m. No one spoke. Consent Calendar Public Hearings closed at 6:14 p.m. Motion by Vice -Mayor Couch to adopt Consent APPROVED Calendar Public Hearings items 9.a. through 9.e. 1454 1455 Bakersfield, California, June 27, 2012 - Page 12 10. HEARINGS None. 11. REPORTS None. 12. DEFERRED BUSINESS a. Fiscal Year 2012 -13 Budget: 1, Resolution approving and adopting the City's Operating and Capital Improvement Budgets, as amended. 2. Resolution establishing the City's appropriations limit. Administrative Analyst Huot made staff comments, discussed amendments, and recommended adoption of the resolutions. Councilmember Weir announced he would not be supporting the adoption of the budget because he felt the City may be premature in restoring positions at this time. Motion by Vice -Mayor Couch to adopt the resolutions. 13. NEW BUSINESS None. 14. CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(3)(A) of Government Code Section 54956.9 (Three matters). Motion by Vice -Mayor Couch to adjourn to Closed Session at 6:36 p.m. Motion by Councilmember Weir to adjourn from Closed Session at 8:00 p.m. ACTION TAKEN RES 073 -12 APPROVED NOES WEIR APPROVED APPROVED 1_�111 F�� Bakersfield, California, June 27, 2012 - Page 13 RECONVENED MEETING AT 8:06 p.m. ACTION TAKEN 15. CLOSED SESSION ACTION a. Conference with Labor Negotiator pursuant to NO REPORTABLE ACTION Government Code Section 54957.6. b. Conference with Legal Counsel - Potential Litigation, Closed Session pursuant to subdivision (b)(3)(A) of Government Code Section 54956.9 (Three matters). 16. COUNCIL AND MAYOR STATEMENTS Councilmember Hanson asked staff to notify him as soon as possible when the date is known for returning more water to Campus Park South. Councilmember Sullivan thanked Administrative Analyst Huot for the excellent budget presentation. Councilmember Sullivan thanked Mayor Hall and the City Clerk's Office for the First In Class reception and presentation. Councilmember Sullivan advised she received correspondence from a constituent, and asked staff to check the traffic signals for the eastbound left turn lanes at the intersections of District Boulevard and White Lane, and Ashe Road and Harris Road, which appear to get stuck on red for long periods of time. Councilmember Salas thanked staff for the budget presentation and for following up with the school at Planz Road. Councilmember Solos asked Administrative Analyst Huot to provide him with another copy of a report he was given earlier in the year so he can provide it to on individual who lives in a County pocket and is interested in possibly annexing into the City. Mayor Hall announced that the State of the City Luncheon is scheduled for July 10" h, at the Marriott, beginning at 11:30 a.m., and invited everyone to attend. STAFF WAS GIVEN DIRECTION ON ALL THREE MATTERS 1456 1457 Bakersfield, California, June 27, 2012 - Page 14 17. ADJOURNMENT Mayor Hall adjourned the meeting at 8:11 p.m. of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio IlEffk of the Council of the City of Bakersfield ACTION TAKEN