HomeMy WebLinkAbout09/12/12 CC MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 12, 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 (seated at
5:18 p.m.)
Absent: None
2. INVOCATION by Pastor Mark Airey, Lutheran Church of
Prayer.
3. PLEDGE OF ALLEGIANCE by Caytlen Reyes, 4m grade
student at Suburu Elementary School.
Mayor Hall acknowledged the students from Golden State
Baptist School and the Bakersfield College political science
class in attendance at the meeting to learn about City
government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
KC the Bull, and Kern County Fair CEO Mike
Olcott, declaring September 19 through
September 30, 2012, as Kern County Fair Days.
KC the Bull and Mr. Olcott accepted the
Proclamation, and Mr. Olcott made comments.
b. Presentation by Mayor Hall of a Proclamation to
Links for Life Board of Directors President,
Stephanie Lynch, declaring October, 2012 Paint
the Town Pink Month.
Ms. Lynch accepted the Proclamation, made
comments, and introduced Links for Life board
members Susan Escalante, Jennifer Henry,
Stana Bright, and Joann Nunn.
ACTION TAKEN
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Bakersfield, California, September 12, 2012 - Page 2
5. PUBLIC STATEMENTS ACTION TAKEN
a. Colonel Ahron Hakim!, with the National Guard
and Reserve, presented Councilmember
Hanson with an award from the Secretary of
Defense recognizing him as a patriotic
employer for contributing to national security
and protecting liberty and freedom by
supporting employee participation in America's
National Guard and Reserve Force.
Councilmember Hanson accepted the award
and made comments.
b. Jane Tucker, a volunteer with California Against
Slavery, spoke regarding the CASE Act
Proposition 35, which relates to all forms of labor
trafficking and is on the November ballot,
asked the City Council's official endorsement of
this initiative, and submitted written material.
C. Danny O'Neal, with St. John Missionary Baptist
Church, spoke regarding changing Hayes
Street to Toliver Street in recognition of his late
pastor, and he asked for the community's
support in this endeavor.
Councilmember Sullivan asked staff to provide
information regarding the process involved for
changing the street name.
d. Jeremy Wright, Executive Director of the
Bakersfield Prayer Center, introduced Danielle
Armstead, founder of the Center, thanked the
Council for supporting their Back to School
Anti - Bullying Prayer Rally, especially
Councilmember Salas for attending the event,
and extended an invitation to the Bakersfield
Prayer Campaign Launch and street fair on
October 13th at 21 sr Street and Chester Avenue.
e. Zachary Griffin, with Riverbend Bike, Boards, &
Bites, thanked the Council, particularly
Vice -Mayor Couch and Councilmember
Johnson, for attending the Grand Opening on
September 30th at 2437 Oak Street, and he
encouraged the City to continue its Healthy
Eating Active Living community policies.
Bakersfield, California, September 12, 2012 - Page 3
5. PUBLIC STATEMENTS continued
f. Catherine Young spoke regarding changes to
the GET bus routes and expressed her concerns
regarding the elimination of the bus stop in front
of the Bethany Homeless Center and the lack
of one in front of San Joaquin' Hospital and
Bakersfield College.
Councilmember Benham asked staff to follow
up with GET regarding Ms. Young's concerns
and see if we can advocate her position, and
provide the Council with a written response.
g. Sheryl Barbich and Beth Pandol spoke
regarding the First Annual Nut Festival on
June 14th and 15th of 2013, at the Kern County
Museum, asked the City to join in this
opportunity to promote our community, and
submitted written material.
Councilmember Weir asked staff to contact
Ms. Barbich or Ms. Pandol and see how we can
get involved with this event.
h. Dave Cross spoke regarding High Speed Rail
and urged the City Council to set up a special
committee to further study the coming of the
High Speed Rail to the San Joaquin valley to
better inform the public of the possibilities of the
economic impacts.
Marvin Dean spoke regarding the following:
advised he is in support of Item 8.i., a resolution
supporting the San Joaquin Valley Air Pollution
Control District's efforts to reduce emission; Item
8.r., an agreement regarding State Route 178
Widening Project, and advised he would like to
see those project funds spent in this valley with
local businesses; and High Speed Rail, and
invited City officials to attend a luncheon and
other activities on September 26th at the Rice
Bowl, and submitted written material.
j. Sam Curiel, pastor of Houses of Light Church,
spoke in support of a solemn appeal presented
to the City Council at the last meeting to adopt
an ordinance protecting human life at all
stages of development.
ACTION TAKEN
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5. PUBLIC STATEMENTS continued ACTION TAKEN
At the request of Councilmember Johnson, City
Attorney Gennaro explained that the matter is
not within the City's jurisdiction and that it
clearly is a matter that is within the Federal
purview, and she encouraged those that
signed the petition to pursue their efforts at that
level.
Councilmember Johnson asked the City
Attorney to provide a copy of the extensive
memo she prepared regarding the Planned
Parenthood facility to Pastor Cudel.
k, Robert Larson spoke regarding various
matters.
6. WORKSHOPS
a. Update on Curbside Recycling Implementation.
Public Works Director Rojas made staff
comments and provided a PowerPoint
presentation.
7. APPOINTMENTS
a. One appointment to the Metropolitan
Bakersfield Habitat Conservation Trust Group
due to the expiration of term of Rick Perry,
whose term expires September, 2012,
Two applications were received from
incumbent Rick Perry and James Buchanan;
ballots were issued by City Clerk Gafford, and
the results were read, as follows: 5 votes for
Mr. Buchanan and 2 votes for Mr. Perry.
Ward 1
Buchanan
Ward 2
Perry
Ward 3
Buchanan
Ward 4
Perry
Ward 5
Buchanan
Ward b
Buchanan
Ward 7
Buchanan
Motion by Vice -Mayor Couch to appoint James
Buchanan to a 2 -year term on the Metropolitan APPROVED
Bakersfield Habitat Conservation Trust Group,
term to expire in September, 2014.
Bakersfield, California, September 12, 2012 - Page 5
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the August 15, 2012
Regular City Council Meeting.
Payments:
b. Receive and file department payments from
August 3, 2012 to August 27, 2012 in the amount
of $21,760,469.91 and self- insurance payments
from August 3, 2012 to August 27, 2012 in the
amount of $413,651.99, totaling $22,174,121.90.
Ordinances:
C. First Reading of Ordinance amending Chapter
2.04.010 of the Municipal Code relating to City
Council Meeting times.
d. First Reading of Ordinance amending Municipal
Code Sections 1. 12.030 and 1. 12.040 by adding
Annexation No. 635 consisting of 17.33 acres,
located south of Olive Drive between Knudsen
Drive and Landco to Ward 3, and Annexation
No. 637 consisting of 10.45 acres, located along
the north side of Rosedale Highway and west of
Calloway Drive, to Ward 4.
e. Adoption of Ordinance amending Title 17 of
the Municipal Code by changing the zone
district from M-1 (Light Industrial) to C -C
(Commercial Center) on approximately one
acre, located along the north side of 20th Street
between V Street and Kern Island Canal. (ZC#
12 -0085, City and California Water Service,
property owners). (FR 08115112)
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 of the
Municipal Code by changing the zone district
from E (Estate) to C -2 /PCD (Regional
Commercial /Planned Commercial
Development) on 18.15 acres, located along
the north side of Snow Road approximately 800
feet east of Jewetta Avenue. (ZC# 12 -0124, Jim
Marino, representing Todd Sweaney, property
owner). (FR 08115112)
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
FR
ORD 4686
ORD 4687
1500
1501
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Bakersfield, California, September 12, 2012 - Page 6
CONSENT CALENDAR continued
g. Adoption of Ordinance approving a Negative
Declaration and amending Title 17 of the
Municipal Code by changing the zone district
from R -1 (One Family Dwelling) to C -2 (Regional
Commercial) on approximately 28.12 acres
located at the southeast corner of Buena Vista
Road and Panama Lane. (ZC# 12 -0144,
Pinnacle Civil Engineering, Inc., representing
Buena Vista Land Co., LLC, property owner).
(FR 08115112)
Resolutions:
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.
Resolution supporting the San Joaquin Valley Air
Pollution Control District's efforts to reduce
emissions, obtain additional state and federal
resources for air quality incentive programs,
and further expand the valley's air quality
monitoring network.
Resolution determining that Ice Cap Pro, a
proprietary panel type subfloor cannot be
reasonably obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding thereof, not to
exceed the budgeted amount of $150,000.
k. Resolution adding territory, Area 2 -50 (4751 and
4755 Wible Road) 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.
Resolution of Intention No. 1724 adding territory,
Area 4 -108 (2830 Eye Street) to the
Consolidated Maintenance District and
preliminarily approving, confirming, and
adopting the Public Works Director's Report,
ACTION TAKEN
ORD 4688
RES 097 -12
REMOVED FOR
SEPARATE
CONSIDERATION
RES 098 -12
RES 099 -12
ROI 1724
Bakersfield, California, September 12, 2012 - Page 7
8. CONSENT CALENDAR continued
M. Telecommunications Software and
Hosting /Support Services:
Resolution determining that certain Bitek
Telecommunications Management
System Software cannot be reasonably
obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding
therefore, not to exceed $56,000.
2. Agreement with Bitek International, Inc.
($56,000), to convert all
telecommunications data on current
system and import to hosted system and
provide hosting services and software
maintenance for three years.
3. Appropriate $6,000 Equipment
Management Fund balance to the
Public Works Department's Operating
budget to fund costs for hosting services.
Agreements:
n. Final Map and Improvement Agreement with
G.L. Bruno Associates, Inc., and Rio Bravo
Investment Group, LLC, for Parcel Map 11894
located south of Highway 178 and west of
Morning Drive.
o. Agreement with Kern Council of Governments
to reimburse the City (not to exceed $100,000)
for costs incurred by the City in developing the
new Bakersfield Regional Habitat Conservation
Plan and appropriate $100,000 to the
Development Services Capital Improvement
budget in the Capital Outlay Fund.
P. Agreement with Habitat for Humanity, Golden
Empire ($10,000) for the sale of property
located at 1918 Filson Street for resale to a
HUD - qualified low income family.
q. Agreement with Rio Bravo Medical Campus
LLC ($2,000) to purchase real property at the
southwest corner of Morning Drive and State
Route 178 for the Morning Drive Interchange
Project. (TRIP)
ACTION TAKEN
RES 100 -12
AGR 12 -115
AGR 12 -116
AGR 12 -117
AGR 12 -118
AGR 12 -119
DEED 7551
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Bakersfield, California, September 12, 2012 - Page 8
CONSENT CALENDAR continued ACTION TAKEN
Design Consultant Agreement with T.Y. Lin AGR 12 -120
International (not to exceed $2,690,000, 88.53%
funded by federal monies) for engineering
design services for the State Route 178
Widening Project. (TRIP)
S. Cooperative Agreement with Caltrans for AGR 12 -121
construction of the State Route 178 and
Morning Drive Interchange Project. (TRIP)
Agreement with A -C Electric Company (not to AGR 12 -122
exceed $200,000 annually) for electrical
services at the Mount Vernon Recycling Facility
for a one year -year period, renewable annually
for four consecutive one -year periods.
U. Amendment No. 1 to Agreement No. 11 -124 AGR 11- 124(1)
with RM Industries ($50,400; revised not to
exceed $100,800 and extending term one year)
for continuing the supply of Amtrak Station
janitorial services.
V. Amendment No. 4 to Agreement No. 10 -063 AGR 10- 063(4)
with Pavement Recycling Systems, Inc.
($225,000; revised not to exceed $942,000), for
cold planing.
W. Amendment No. 3 to Agreement No. 10 -151 AGR 10- 151(3)
with Jim Alffer Cement Contractor ($190,000;
revised not to exceed $653,352.50 and
extending term one year) for continuing the
supply of canal liner repair.
X. Amendment No. 1 to Agreement No. 12 -059 AGR 12- 059(1)
(WRl 1- 008(2)) with Quad Knopf, Inc. ($60,000;
revised not to exceed $155,000), to provide
additional environmental, biological, and
planning services.
Y. Contract Change Order No. 1 to Agreement AGR 12 -039
No. 12 -039 with Griffith Company ($79,891.68; CCO1
revised not to exceed $1,032,085.68) for
Campus Park South Sump Remediation Project.
Bids:
Z. Reject all bids for the Rood and Cooling Tower
Replacement Project at City Hall South.
1504
2. Appropriate $20,000 Police Department
Seized Asset Forfeiture Funds to the
Public Works Department's Capital
Improvement budget within the Capital
Outlay Fund.
Miscellaneous:
hh. Appropriate and transfer $6,900 Fire Trust -
Hazmat Penalty Funds to the Certified Unified
Program Agencies (CUPA) Fund Operating
budget for the abandonment of an
Underground Storage Tank located at Fire
Station No. 1,
Bakersfield, California, September 12, 2012 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
aa.
Accept bid from Jim Burke Ford ($63,895.91) for
one replacement pavement marker truck for
the General Services Division.
bb.
Accept bid from Jim Burke Ford ($46,042.58) for
one additional and one replacement two
wheel drive extended cab pickup trucks for the
Police Department.
CC.
Accept bid from Jim Burke Ford ($194,424.10)
for two additional super duty vehicles with
service body and aerial devices for the General
Services Division.
dd.
Accept bid from Raceway Ford, Riverside
($142,386.46) for eight replacement full- size' /2
ton two wheel drive pickups for the Recreation
and Parks and Water Departments.
ee.
Accept bid and approve contract with PCI AGR 12 -123
($67,349.20) for bike lane improvements at
White Lane, Hughes Lane and Monitor Street.
ff,
Accept bid and approve contract with Crop AGR 12 -124
Production Services (not to exceed $182,000)
for the annual contract to supply chemicals
and insecticides /herbicides.
gg.
Boiler Replacement at the Police Department:
1. Accept bid and approve contract with AGR 12 -125
ACCO Engineering Systems, Inc.
($114,006).
2. Appropriate $20,000 Police Department
Seized Asset Forfeiture Funds to the
Public Works Department's Capital
Improvement budget within the Capital
Outlay Fund.
Miscellaneous:
hh. Appropriate and transfer $6,900 Fire Trust -
Hazmat Penalty Funds to the Certified Unified
Program Agencies (CUPA) Fund Operating
budget for the abandonment of an
Underground Storage Tank located at Fire
Station No. 1,
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Bakersfield, California, September 12, 2012 — Page 10
8. CONSENT CALENDAR continued ACTION TAKEN
Federal Grant (COPS Hiring Program) in the
amount of $1,375,000, awarded to the
Bakersfield Police Department, to hire and
retain 11 Police Officers over three years.
Appropriate $160,000 Federal grant
revenues to the Police Operating
Budget, for first year funding.
jj. Final Tract Maps with PB4 Ventures, LLC, for
Tract Map 6706 located south of Panama
Lane and west of Buena Vista Road.
kk. Revised Job Specification; Assistant City
Clerk - # 57440.
Successor Agency Business:
II. Receive and file successor agency payments
from August 3, 2012 to August 27, 2012 in the
amount of $253,782.11.
Councilmember Johnson requested that item 8.c. be
removed for separate consideration.
Councilmember Salas requested that item 81 be
removed for separate consideration.
Motion by Vice -Mayor Couch to adopt Consent APPROVED
Calendar items 8.a. through 8.11., with the removal of
items 8.c. and 8.i. for separate consideration.
C. First Reading of Ordinance amending FR
Chapter 2.04.010 of the Municipal Code
relating to City Council Meeting times.
City Manager Tandy made staff comments.
City Attorney Gennaro made staff comments.
Motion by Vice -Mayor Couch to adopt Consent APPROVED
Calendar item 8.c. NOES SALAS,
JOHNSON
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Bakersfield, California, September 12, 2012 - Page 11
8. CONSENT CALENDAR continued ACTION TAKEN
i. Resolution supporting the San Joaquin Valley Air
Pollution Control District's efforts to reduce
emissions, obtain additional state and federal
resources for air quality incentive programs,
and further expand the valley's air quality
monitoring network.
Councilmember Salas made a motion to table this
item to the next City Council Meeting.
Councilmember Weir asked staff to provide some
information about the Air Pollution Control District
regarding what it is doing, what their programs are,
and what their finances are, so the Council can make
a more informed decision about the resolution.
Councilmember Hanson advised he could ask
someone from the Air Board to come and make a
presentation to the Council in the near future, if the
Council desires.
Motion by Councilmember Salas to table item 81 to APPROVED
the next City Council meeting, and requested that staff
provide more information to the Councilmembers
before the next meeting.
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Public hearing on Resolution of Necessity to RES 101 -12
determine the public interest and necessity for
acquisition of certain real property located at
State Route 178 and Morning Drive
(APN # s 531 - 011 -07, 19 previously known as
APN# s 531 - 010 -27, 28) by eminent domain for
the new Morning Drive and State Routel78
Interchange Project. (TRIP) (Staff recommends
adoption of Resolution.)
b. Public Hearing to consider the proposed
expenditure plan for the 2011 -2012
Supplemental Law Enforcement Services
Funding (S.L.E.S.F.). (Staff recommends approval
of the proposed expenditures and
appropriation.)
l . Appropriate $537,552.97 State Grant
revenues to the Police Operating Budget
within the S.L.E.S.F. Fund.
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Bakersfield, California, September 12, 2012 - Page 12
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
Consent Calendar Public Hearings opened at
6;57 p.m.
Dennis Fox spoke in support of Consent Calendar
Public Hearing Item 9.a.
Consent Calendar Public Hearings closed at
6;59 p.m.
Motion by Vice -Mayor Couch to adopt Consent APPROVED
Calendar Public Hearings items 9.a. and 9.b.
10. CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subdivision
(b)(3)(A) of Government Code Section 54956.9
(one matter).
Motion by Vice -Mayor Couch to adjourn to Closed APPROVED
Session at 6:59 p.m.
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 8:03 p.m.
RECONVENED MEETING AT 8:06 p.m.
11. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Potential STAFF WAS GIVEN
Litigation; Closed Session pursuant to subdivision DIRECTION
(b)(3)(A) of Government Code Section 54956.9
(one matter).
12. HEARINGS
None.
13. REPORTS
None.
14. DEFERRED BUSINESS
None.
15. NEW BUSINESS
None.
Bakersfield, California, September 12, 2012 — Page 13
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Salas thanked the Police Department
and Chief Williamson for their assistance with various
constituent concerns regarding animal control and
safety in their neighborhoods; he thanked Building and
Planning for their assistance with a number of
businesses that have issues and concerns; and
advised he is excited about the approval of item 8.ii.,
regarding hiring 11 officers.
Councilmember Solos asked the City Manager to
provide a copy to the Councilmembers of the article
from the LA Times about the City of Bakersfield.
Councilmember Solos provided constituent
correspondence to the City Manager for a response.
Mayor Hall advised that he sent a thank -you note to
the writer of the LA Times article.
Councilmember Weir mentioned that he hopes, with
the addition of the new officers and some changes
Chief Williamson is making in the Police Department,
some of the crime will be alleviated.
Councilmember Solos requested that the matter of
realignment and the impacts it is having on our
communities referred to in a memo sent out by Chief
Williamson be placed on the agenda of the next
Safe Neighborhoods meeting.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:1
MAYOR of the City of Bakersfield,
ATTEST;
CITY CLERK and Ex Offi i Clerk of
the Council of the Ci 0 Bakersfield
ACTION TAKEN
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Bakersfield, California, September 12, 2012 — Page 14