HomeMy WebLinkAbout07/18/12_CC_MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JULY 18, 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, Weir, Sullivan,
Johnson
Absent: Councilmembers Benham, Hanson
2. INVOCATION by Ghurujoda Khalsa, Guru Ram Das
Gudwara .
3. PLEDGE OF ALLEGIANCE by Sarah Clough, 7th grade
student, Tevis Junior High School.
4. PRESENTATIONS
None.
5. PUBLIC STATEMENTS
a. Zac Griffin, with River Bend Bikes and Kern
Active Transportation, and Keith Newsome
spoke in support of the Bakersfield
Transportation Plan, and offered
congratulations and thanks to staff and
Councilmembers for moving forward with this
project.
Councilmember Salas thanked Zac for pointing
out the opportunity for a grant with The Rose
Foundation, and expressed the City's
appreciation for the partnership.
b. Bill Lind, representing the Bakersfield Tea Party,
spoke in opposition to the $4 million loan to
Chelsea Investment Corporation for the Mill
Creek Housing Project.
ACTION TAKEN
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5. PUBLIC STATEMENTS continued
C. Laura Baker, with the Center on Race, Poverty
and the Environment, spoke regarding air
pollution monitors, proposed that the City
Council adopt a resolution, and submitted
written material; Valerie Gorospe and Shannon
Pamiza also spoke regarding this topic.
Councilmember Solos asked staff to look into
the draft resolution, and would like to have one
of the speakers available to answer any
questions staff might have.
d. Jennifer Pitcher, Community Liaison for Kern
Citizens for Sustainable Government, spoke
regarding animal control and urged the City
and County to work together toward a
mutually beneficial agreement, and invited the
City Council and staff to participate in a public
forum to openly discuss this matter.
Vice -Mayor Couch asked that the City be
represented at the public forum.
e. Liz Keogh thanked the Councilmembers and
staff who attended the Kern County Board of
Supervisors Meeting yesterday, and she spoke
in support of a unified city /county animal
control agency.
Judi Daunell, President of Friends of the Kern
County Animal Shelter Foundation, spoke
regarding animal control and urged having a
consolidated unit.
g. Susan Madigan, Fifth District appointee to the
Animal Control Commission, spoke in support of
the City's decision regarding animal control
and offered the services of the Animal Control
Commission to both jurisdictions.
h. Bob Bell, Chairman of the Redevelopment for
the Downtown Business Association, spoke
regarding the downtown charrette "Arts Alive
District ", invited others to be a part of this
process, expressed his excitement about the
public /private partnership, and submitted
written material.
ACTION TAKEN
Bakersfield, California, July 18, 2012 - Page 3
5. PUBLIC STATEMENTS continued
The following individuals spoke regarding the
24th Street Widening Project: Elaine McNearney
suggested other alternatives and
improvements; Bob Coons in opposition and
submitted written material; Bob Braase
suggested alternative recommendations and
submitted written material; Randa Hunter
supports Route 204; Dr. Ruth Gelman in
opposition and submitted written material; and
Terry Maxwell asked the City Council to come
back to the drawing board and consider the
financial impacts and the health impacts of the
residents when construction begins.
Tim Palmquist spoke regarding protection of
human life and requested an addition to the
Municipal Code, under Health and Safety,
Section 8.53, Restrictions on Termination of
Human Life, and asked that the Safe
Neighborhoods Committee take up this matter;
stated for the record that Right To Life of Kern
County has had no involvement in this matter
and poses no conflict of interest to
Councilmember Johnson; and submitted
written material.
k. Kenneth Filipski asked the City Council to do
anything it could to restrict the activities of
Planned Parenthood in Bakersfield, and stated
he would provide the City Clerk with a copy of
a text by Abby Johnson called "Unplanned ".
Marvin Dean, representing the Kern Minority
Contractors Association, spoke in support of the
previous speakers regarding animal control; in
support of the speakers regarding the air
pollution monitors; in support of high speed rail
and asked the City to work with the High Speed
Rail Authority to mitigate any concerns; in
support of the Mill Creek Project and putting
minorities and locals to work on the project;
and submitted written material regarding being
a victim of e -mail fraud.
Councilmember Weir asked staff to prepare a
response to Mr. Lind's questions and comments
regarding the loan for Mill Creek and explain the
complications involved in this process.
ACTION TAKEN
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5. PUBLIC STATEMENTS continued * ACTION TAKEN
Councilmember Weir asked the City Attorney to
prepare a response to the proposed addition to the
Municipal Code and send that out to Mr. Palmquist
along with copies to the City Council.
Councilmember Johnson asked Mr. Dean to convey
his feedback to the High Speed Rail Commission,
which would be to listen to cities when they come to
cities, mitigate impacts appropriately, and do not
build the project.
6. WORKSHOPS
None.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the June 27, 2012
Regular City Council Meeting.
Payments:
b. Receive and file department payments from
June 15, 2012 to July 5, 2012 in the amount of
$20,266,423.71 and self- insurance payments
from June 15, 2012 to July 5, 2012 in the amount
of $564,343.06, totaling $20,830,766.77.
Ordinances:
C. First Reading of Ordinance amending the FR
Official Zoning Map in Title 17 of the Municipal
Code by changing the zone district from C -O
(Professional and Administrative Office), R -3
(Multiple Family Dwelling) and R -3 -P (Multiple
Family Dwelling- Parking), to R -3 -CH (Multiple
Family Dwelling- Church) on a 4.68 acre site,
located at the northeast corner of H Street and
8th Street. (ZC# 12 -0011) (WZI, Inc., representing
Saint Francis Church c/o the Diocese of Fresno).
Bakersfield, California, July 18, 2012 - Page 5
8. CONSENT CALENDAR continued
d. Adoption 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 Word 1.
Resolutions:
e. Resolution accepting the City Clerk's
Certification and declaring the results of the
Primary Municipal Election for the election of
Mayor held in the City on June 5, 2012.
f. Resolution authorizing the filing of an
application with the Kern Council of
Governments for allocation of Transportation
Development Act funds for FY 2012 -13
($271,702) for maintenance of the Bakersfield
Amtrak Station during said fiscal year.
g. New Job Specification and Change to Salary
Schedule:
1. Amendment no. 4 to Resolution
No. 140 -08 approving Memorandum of
Understanding for employees of the Blue
and White Collar Units and adopting
salary schedule and related benefits for
Payroll Technician.
2. New Job Specification: Payroll
Technician # 26090.
h. Revised Job Specification, Change to Salary
Schedule and Reclassification:
Amendment No. 1 to Resolution
No. 059 -12 setting salaries and related
benefits for officers and employees of
the General Supervisory, Police
Supervisory and Management Units and
adopting salary schedule and related
benefits for Community Development
Coordinator.
2. Revised Job Specification: Community
Development Coordinator # 89340.
ACTION TAKEN
ORD 4684
RES 075 -12
RES 076 -12
RES 140 -08(4)
RES 059 -12(1)
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8.
Bakersfield, California, July 18, 2012 — Page 6
CONSENT CALENDAR continued ACTION TAKEN
Item 8.h. continued
3. Reclassification: Associate Planner to
Community Development Coordinator
and Development Assistant to
Development Associate.
Resolution to add territory, Area 3 -84 (5101 RES077 -12
Woodmere Drive) to the Consolidated
Maintenance District and approving, confirming
and adopting the Public Works Director's Report
and authorizing collection of assessments by the
Kern County Tax Collector.
Resolutions of Intention to add the following
territories to the Consolidated Maintenance
District and preliminarily approving, confirming
and adopting the Public Works Director's
Report for each:
1. ROI # 1717 to add Area 1 -91 (2738 R01 1717
Mosasco Street)
2. ROI # 1718 to add Area 3 -85 (8100 ROI 1718
Pacheco Road)
3. ROI # 1719 to add Area 4 -106 (500 W ROI 1719
Columbus Street) ROI 1720
4. ROI # 1720 to add Area 4 -107 (2620
Chester Avenue)
Agreements:
k. Agreement with and indemnification of AGR 12 -090
Albertson's for City's utilization of a vacant
lot at the southwest corner of Stockdale
Highway and Buena Vista Road on July 20,
2012, to accommodate additional parking for
the Willie Nelson Concert at the Park at
Riverwalk.
Agreement with SMG /Rabobank and California AGR 12 -091
Interscholastic Federation (not to exceed
$175,000 - 3 year term) for event contribution to
hold State Championship High School Wrestling
in Bakersfield.
M. Final Map and Landscape Agreement and AGR 12 -092
Maintenance Agreement for Tract 6361 Phase 3 AGR 12 -093
located north of Snow Road and west of
Verdugo Road.
Bakersfield, California, July 18, 2012 - Page 7
8. CONSENT CALENDAR continued
n. Street Utility Cut Guarantee Agreement with
CVIN, LLC, in which utility company guarantees
the quality of its work in repairing, replacing,
and restoring city streets after cutting existing
roadway to lay utility lines.
o. Design Consultant Agreement with Mark
Thomas & Company, (not to exceed
$2,591,712.10; 80% funded by federal monies)
for engineering design services for Rosedale
Highway Widening Project. (TRIP)
P. Agreement with Alta Planning & Design
($83,980) to prepare a Bakersfield Bicycle
Transportation Plan.
q. Agreement with Environmental Systems
Research Institute Inc. ($117,000), to provide
Licenses and Software Support for server and
client software.
r. Amendment No. 3 to Agreement No. 09 -087
with CompuCom Systems, Inc. ($215,385.20), to
provide Microsoft Licenses for 1029 computers.
S. Amendment No. 5 to Agreement No. 08 -179
with SunGard Public Sector, Inc. ($168,405.43),
for service support of licensed software.
Amendment No. 1 to Long Term Ground Lease
Agreement No. 11 -123 with Kern Charter
Services, Inc. (no fiscal impact to City), to
extend the completion date from October 19,
2012 to December 31, 2013 for Phase 1 of the
Southwest Hangar Construction Project at the
Municipal Airport.
U. Amendment No. 1 to Agreement No. 11 -093
with Badger Meter Inc. (extending term one
year), to continue the supply of water meters.
V. Amendment No. 2 to Agreement No. 10 -132
with Jim Alfter Cement Contractor
($1,350,000; revised not to exceed $4,059,172
and extend term one year) to continue the
supply of concrete construction.
ACTION TAKEN
AGR 12 -094
AGR 12 -095
AGR 12 -096
AGR 12 -097
AGR 09- 087(3)
AGR 08- 179(5)
AGR 11- 123(1)
AGR 11- 093(1)
AGR 10- 132(2)
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Bakersfield, California, July 18, 2012 - Page 8
CONSENT CALENDAR continued ACTION TAKEN
W. Amendment No. 1 to Utility Agreement AGR I1- 143(1)
No. 11 -143 with Matrix Oil Corporation
($100,000; revised not to exceed $142,500) for
relocation of overhead lines and engineering
design to relocate oil lines. (TRIP)
X. Contract Change Order No. 4 to Agreement AGR 11 -091
No. 11 -091 with Raminha Construction CCO4
($14,964.63; revised not to exceed
$3,599,355.93) for the City Sanitary Landfill
Closure Project.
-035 11
Y. Contract Change Order No. 34 to Agreement AGR GR 11
No. 11 -035 with GSE Construction, Inc.
($73,265; revised not to exceed $5,311,312.08),
for the Wastewater Treatment Plant No. 2
Septage /Grease Receiving Station and Odor
Control Project.
Bids:
Z. Reject all bids for the Parkway Improvements
along Stockdale Highway from North
McDonald Way to North Stine Road Project.
aa. Extend bid with Kern River Power Equipment,
Inc. ($45,246.63), for four replacement 60" riding
mulching lawn mowers for the Recreation and
Parks Department.
bb. Extend bid with Quinn Company ($514,800) for
two replacement articulated four -wheel drive
loaders with high lift loading option for use by
the Public Works Department, Solid Waste
Division.
CC. Accept bid from Jim Burke Ford, ($619,682.64)
27 replacement four -door police special
sedans for use by the Police and Fire
departments.
dd. Accept bid from Leete Generators ($74,930.21)
for one standby generator for the Public Works
Department, Wastewater Division.
ee. Accept bid and approve contract with Stay AGR 12 -098
Green, Inc. (not to exceed $300,00, for the
annual contract for tree trimming services.
Bakersfield, California, July 18, 2012 — Page 9 1466
8. CONSENT CALENDAR continued ACTION TAKEN
ff. Pavement Rehabilitation 2012 Phase 2 -
Panama Lane from State Route 99 to South H
Street:
Accept base bid and approve contract AGR 12 -099
with Security Paving Company
($1,096,044.33) for project.
2. Appropriate $75,000 Gas Tax Fund
balance to the Public Works
Department's Capital Improvement
budget.
Miscellaneous:
gg. Appointment of voting delegate for 2012
League of California Cities Annual
Conference. (Staff recommends appointment of
Councilmember Sullivan as delegate.)
hh, Department of Housing & Urban Development
(HUD) Action Plan Amendments:
1. Fiscal Year 2012 -13 Action Plan
Amendment No. 1 to allow Section 108
loan payments related to the dissolution
of the Bakersfield Redevelopment
Agency (RDA).
2. Fiscal year 2008 -09 Action Plan
Amendment No. 14 and Fiscal
Year 2005 -06 Action Plan Amendment
No. 7 to allow funds to be drawn in
accordance with HUD regulations.
Appropriate $63,069 lease payment revenues
to the Fire Department Operating budget
within the General Fund to pay for fire training
costs associated with Bakersfield College
services provided at the Olive Drive Training
Center.
jj. Appropriate $698,851 reimbursement from the
former Redevelopment Agency (RDA) to the
Public Works Capital Project budget within the
Capital Outlay Fund for the Mill Creek Linear
Park -Mill House project.
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Bakersfield, California, July 18, 2012 - Page 10
CONSENT CALENDAR continued
kk. Appropriate $432,450 Housing Related Parks
(HRP) State Grant revenue to the Community
Development Capital Improvement budget
within the Capital Outlay Fund for the Mill Creek
Linear Park - Sister City Garden Project Phase B.
II. Appropriate $200,000 North of the River's (NOR)
Park Development Fees to the Recreation and
Parks Department's Capital Improvement
budget within the Park Improvement Fund for
the Riverlakes Park Project.
mm. Appropriate $22,708 Proposition 50 grant funds
to the Recreation and Parks Department's
Capital Improvement budget within the
Recreation Facility Fund for the Kern River
Upland Project.
SUCCESSOR AGENCY BUSINESS
nn. Receive and file successor agency payments
from June 15, 2012 to July 5, 2012 in the amount
of $66,506.46.
City Clerk Gafford announced correspondence was
received from staff changing the recommendation for
Consent Calendar Item 8.ee. to accept the bid and
award the contract to Stay Green, Inc.
Motion by Vice -Mayor Couch to adopt Consent
Calendar items 8.a. through 8. nn., with the correction
as noted by the City Clerk on item 8.ee.
CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider the Resolution
ordering the summary vacation of underlying
road dedication on portions of Windermere
Street, Campus Park Drive, and S. Allen Road to
facilitate re- dedication of new alignments. (Staff
recommends adoption of resolution.)
b. Public Hearing to consider the Resolution
ordering the vacation of portions of the
public utility easements as created with Tract
Map 6444, Phase 2, within 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. (Staff recommends adoption of resolution.)
ACTION TAKEN
APPROVED
AB BENHAM,
HANSON
RES 078 -12
RES 079 -12
Bakersfield, California, July 18, 2012 - Page 11
9. CONSENT CALENDAR PUBLIC HEARINGS continued
Consent Calendar Public Hearings opened at
6:22 p.m.
No one spoke.
Consent Calendar Public Hearings closed at
6:22 p.m.
Motion by Vice -Mayor Couch to adopt Consent
Calendar Public Hearings items 9.a. and 9.b.
10. CLOSED SESSION
a. Disposition and Development Agreement with
Chelsea Investment Corporation ($4,050,000)
for the development of 72 units of senior
housing located at 1303 S Street.
Economic Development Director Kunz made staff
comments, provided a PowerPoint presentation, and
recommended approval of the agreement.
Councilmember Johnson clarified his vote, stating he
would like the matter delayed to make sure the City is
not getting into a precarious situation.
Motion by Vice -Mayor Couch to approve the
agreement.
b. Issuance of California Statewide Communities
Development Authority (CSCDA) Limited
Obligation Revenue Bonds (City of Bakersfield
Consolidated Reassessment District No. 12 -1),
Series 2012 and City of Bakersfield Limited
Obligation Refunding Bonds (Local
Obligations):
ACTION TAKEN
APPROVED
AB BENHAM,
HANSON
AGR 12 -100
APPROVED
NOES JOHNSON
AB BENHAM,
HANSON
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None.
11.
HEARINGS
None.
12.
REPORTS
None.
13.
DEFERRED BUSINESS
14.
None.
NEW BUSINESS
a. Disposition and Development Agreement with
Chelsea Investment Corporation ($4,050,000)
for the development of 72 units of senior
housing located at 1303 S Street.
Economic Development Director Kunz made staff
comments, provided a PowerPoint presentation, and
recommended approval of the agreement.
Councilmember Johnson clarified his vote, stating he
would like the matter delayed to make sure the City is
not getting into a precarious situation.
Motion by Vice -Mayor Couch to approve the
agreement.
b. Issuance of California Statewide Communities
Development Authority (CSCDA) Limited
Obligation Revenue Bonds (City of Bakersfield
Consolidated Reassessment District No. 12 -1),
Series 2012 and City of Bakersfield Limited
Obligation Refunding Bonds (Local
Obligations):
ACTION TAKEN
APPROVED
AB BENHAM,
HANSON
AGR 12 -100
APPROVED
NOES JOHNSON
AB BENHAM,
HANSON
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Bakersfield, California, July 18, 2012 — Page 12
14. NEW BUSINESS continued
Item 14,b. continued
1. Resolution approving and confirming the
report on the levy of reassessments and
the refunding of its 1915 Act Limited
Obligation Improvement bonds.
2. Resolution providing for the issuance of
the City's limited obligation refunding
bonds, Consolidated Reassessment
District No. 12 -1; prescribing the date
and form of said bonds and prescribing
the redemption provisions therefor;
authorizing the execution of said bonds;
providing for the collection of
reassessments to pay the principal of
and interest on said bonds; approving
the sale of said bonds (which establishes
the maturities of and interest rates on
said bonds).
3. Resolution approving issuance and sale
of not to exceed $21,670,000 principal
amount of CSCDA Limited Obligation
Revenue Bonds (City's Consolidated
Reassessment District No. 12 -1), Series
2012; approving a preliminary official
statement, authorizing changes thereto
and delivery thereof and of an official
statement to be derived therefrom;
approving a local obligation purchase
contract, a bond purchase contract,
and an escrow agreement, authorizing
modifications thereof and execution and
delivery of each and authorizing related
actions necessary to implement the
proposed refunding program.
4. Approval of reimbursement agreement
with CSCDA for costs associated with
the initial refunding and annual
administration costs regarding the
consolidated refunding district.
ACTION TAKEN
RES 080 -12
RES 081 -12
RES 082 -12
AGR 12 -101
14.
15.
Bakersfield, California, July 18, 2012 - Page 13
NEW BUSINESS continued ACTION TAKEN
Item 14.b, continued
5. Authorize Finance Director to take
actions necessary to establish funds and
appropriations to carry out the functions
associated with the consolidation of
the 12 districts, the refunding, related
annual debt service and administrative
costs.
Finance Director Smith made staff comments,
and recommended approval of the resolutions
and the agreement.
APPROVED
Motion by Councilmember Weir to approve AB BENHAM,
the staff recommendation. HANSON
COUNCIL AND MAYOR STATEMENTS
Councilmember Johnson asked the City Attorney's
Office to draft a resolution outlining that the City of
Bakersfield will comply with the Brown Act in its
entirety even though the State has decided not to pay
the bills that they are constitutionally mandated to
pay when they implement a State - mandated local
program.
Councilmember Solos congratulated Mayor Hall and
City Manager Tandy for doing a great job at the State
of the City Luncheon; and he also congratulated
Mayor Hall on his re- election.
Councilmember Solos stated he needs to meet with
someone from Code Enforcement tomorrow.
Councilmember Solos asked staff to work with the
speakers from the Center on Race, Poverty and the
Environment regarding the resolution they requested.
Councilmember Solos asked staff to look at the
possibility of designating the area at Jastro Park
around the Korean War Memorial as the Korean War
Memorial Park.
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Bakersfield, California, July 18, 2012 - Page 14
15. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Weir asked the City Attorney to
correspond with the County Administrative Officer and
each Supervisor explaining the City's position on what
occurred with the County's request to use Mill Creek
Park for the Back to School event on August 16m, and
that the City is willing to negotiate with the County and
modify the contract language to address their
concerns with regard to the release, assumption of risk
and indemnity portion of the facility reservation
request.
Councilmember Weir asked staff to report back
regarding the California Supreme Court's ruling on the
Vista case regarding prevailing wages and provide
information on what that ruling means and how it
might affect or apply to the City of Bakersfield.
Councilmember Sullivan congratulated Mayor Hall,
City Manager Tandy and Convention and Visitors
Bureau Manager Lyman on their presentations at the
State of the City Luncheon.
Councilmember Sullivan asked that the arrows in the
cutouts on eastbound and westbound California
Avenue in front of Marie Callendar's be repainted and
for staff to also look at some of the other streets that
need repainting.
Councilmember Sullivan asked staff to check into the
feasibility of and report back regarding putting timers
on the traffic lights at the intersections with pedestrian
crosswalks to make them aware of how many
seconds are left to safely cross the streets.
Councilmember Sullivan announced that on July 26th,
In God We Trust America is having its 8th annual
fundraising event at the Marriortt, and she encouraged
everyone to attend; she also pointed out that there are
almost 300 cities across the country and 94 in
California that publicly displays the national motto.
Vice -Mayor Couch asked staff to consider reinstating
the Intergovernmental Relations Committee, consisting
of the Vice - Mayor, one other Councilmember and one
alternate, to provide a public forum on an ad hoc
basis, to discuss matters such as the property tax split,
the fire fund, animal control, and other matters that
come up where there is a conflict, or a potential
conflict, with the County.
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Bakersfield, California, July 18, 2012 — Page 15
15. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Vice -Mayor Couch asked that staff attend Board of
Supervisors meetings whenever there is an issue or an
item on the agenda that has to do with the City, so the
City's view can be represented.
Vice -Mayor Couch complimented Mayor Hall, City
Manager Tandy and Convention and Visitors Bureau
Manager Lyman for their presentations at the State of
the City Luncheon.
Mayor Hall advised that he has had positive
comments about the presentations at the State of the
City Luncheon, and that this year's was the highest
attended State of the City event since he became
Mayor 12 years ago.
Mayor Hall announced that he recently toured the
completed phase one of the Sister City Walk and is
working with Recreation and Parks on an unveiling
toward the end of August; he commended staff and all
the people who worked on the project; and he is
looking forward to the completion of phase two.
Mayor Hall advised that he feels the City has done an
outstanding job of showing its willingness to be
cooperative partners in bringing resolution to the
animal control issue, and he commended everyone in
the way they are representing the City; and he
supports Vice -Mayor Couch's suggestions of
reinstating the Intergovernmental Relations Committee
and to have staff present at appropriate Board of
Supervisors meetings.
16. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:14 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Offidio Clerk of
the Council of the City of Bakersfield
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Bakersfield, California, July 18, 2012 — Page 16
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