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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 1496 1497 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 1498 1435 Bakersfield, California, September 12, 2012 - Page 4 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 8 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 1502 1 503 A 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, 1505 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 1509 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. 1507 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 1508 1509 Bakersfield, California, September 12, 2012 — Page 14