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
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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
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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
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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
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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
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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
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F-J,
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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)
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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.
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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.
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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
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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.
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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
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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
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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