HomeMy WebLinkAbout09/26/12 CC MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 26, 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, Councilmembers Salas,
Benham, Weir (seated at 5:20 p.m.),
Hanson, Sullivan (seated at 5:17 p.m.),
Johnson
Absent: Vice -Mayor Couch
City Clerk Gafford announced staff has requested that
Consent Calendar Item 8.1. be pulled from tonight's agenda.
2. INVOCATION by Najib Sufi, Alfarooq Islamic Center.
3. PLEDGE OF ALLEGIANCE by Jordyn Reyes, 4th grade
student at Suburu Elementary School.
Mayor Hall acknowledged the students from the Bakersfield
College political science class in attendance at the meeting
to learn about City government.
4. PRESENTATIONS
a. Presentation of a check by the local Sikh
community to Chief Greg Williamson, on behalf
of Lt. Brian Murphy, Oak Creek, Wisconsin,
Police Department, in appreciation of his
averting further casualties during the shootings
last month at the Oak Creek Sikh Temple.
Members of the local Sikh community
presented Chief Williamson with checks and a
plaque on behalf of Lt. Murphy and Officer Sam
Linda.
Gurujodha Khalso and Amrinder Sidhu made
comments.
ACTION TAKEN
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5. PUBLIC STATEMENTS ACTION TAKEN
a, John Hefner, President of the Bakersfield Sister
City Project Corporation, spoke regarding the
new Sister City Gardens at Mill Creek, which
opened on August 22nd, and thanked all the
people involved.
b. Jae Shin, President of the Korean - American
Association, spoke regarding a group of 35
Korean dancers and musicians who will be
coming to Bakersfield from October 11 th
through 14th, and will be performing at the
Harvey Auditorium on Saturday, October 13th,
at 7:00 p.m., and he encouraged everyone to
attend.
C. Ashley Robinson, a Senior Vice - President at
Bakersfield High School; Becky Zobel, a
Registered Nurse; Fred Fies, Pastor of McKee
Road Baptist Church in Greenfield; and Tim
Palmquist urged the City to adopt a Human Life
Ordinance.
d. Dave Cross invited all interested parties to
attend a workshop charrette meeting
concerning the High Speed Rail on Saturday,
October b, 2012, from 9:00 a.m. to 12:00 Noon,
at the Marriott Hotel, which is being
coordinated by the Bakersfield Downtown
Business Association and others, for the purpose
of studying and recommending a coalition
report for the High Speed Rail Authority Revised
Environmental Impact Report concerning the
three alternative routes in Kern County and the
three station locations in downtown Bakersfield.
e. Marvin Dean spoke regarding today's meet
and greet session with the High Speed Rail
Authority leadership, and thanked the City staff
who participated.
f. Dennis Fox spoke regarding his concerns about
the Air District matter coming before the City
Council in November,
g. Kameron Kephart spoke regarding antitrust
enforcement in Bakersfield and Kern County,
and Hall Ambulance.
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6. WORKSHOPS
a. Golden Empire Transit District Long Range
Transit Study.
Karen King, Chief Executive Officer of Golden
Empire Transit District, made comments,
provided a PowerPoint presentation, and
submitted written material. Ms. King indicated
that ridership counts at bus stops will continue,
as well as dialog with the Homeless Shelter.
Councilmember Weir asked that a copy of the
25 Year Plan be provided to City staff to
distribute to the City Council.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 12, 2012
Regular City Council Meeting.
Payments:
b. Receive and file department payments from
August 28, 2012 to September 13, 2012 in the
amount of $32,755,746.45 and self- insurance
payments from August 28, 2012 to September
13, 2012 in the amount of $268,017.74, totaling
$33,023,764.19.
Ordinances:
ACTION TAKEN
Resolutions:
C. Resolution confirming approval by the City RES 102 -12
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.
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CONSENT CALENDAR continued ACTION TAKEN
d. Resolution determining that certain Motorola RES 103 -12
Radio Equipment cannot be obtained
through the usual bidding procedures because
of the need to integrate in the existing radio
infrastructure and authorizing the Finance
Director to dispense with bidding thereof, not to
exceed the budgeted amount of $150,300.
e. Resolution supporting Proposition 35 RES 104 -12
(Californians Against Sexual Exploitation Act).
f. Resolution authorizing the sale ($1.00) of Self RES 105 -12
Contained Breathing Apparatus to Santiago De
Quer6taro, Mexico, a governmental entity and
Bakersfield Sister City.
g. New Job Specification and Change to Salary
Schedule:
Amendment No. 3 to Resolution AGR 111 -11(3)
No. 111 -11 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 Revenue Program Supervisor.
2. New Job Specification: Revenue
Program Supervisor (# 57070).
h. Resolution adding territory, Area 4 -108 (2830 RES 106 -12
Eye Street) 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 adding the following
territories to the Consolidated Maintenance
District and preliminarily approving, confirming,
and adopting the Public Works Director's
Report:
ROI No. 1725 adding Area 3 -86 (E of SE ROl 1725
corner of Panama Lane and Old River
Road).
2. ROI No. 1726 adding Area 5-64 (9001 ROI 1726
South H Street).
Bakersfield, California, September 26, 2012 - Page 5
8. CONSENT CALENDAR continued
j. Resolution of Intention No. 1727 forming a Traffic
Signal Maintenance District designated as TS -22
(2615 -2700 Chester Avenue) and preliminarily
adopting, confirming and approving the Public
Works Director's Report.
k. Pin Oak Park Playstructure:
1. Resolution determining that Pin Oak Park
2 to 5 year old children's playground
cannot be reasonably obtained through
the usual bidding procedures and
authorizing the Finance Director to
dispense with bidding thereof to design,
purchase and install Playworld
#C12054PM Playmaker Playstructure
from Dave Bang Associates, Inc., not to
exceed $40,000.
2. Agreement with Dave Bang Associates,
Inc. (not to exceed $40,000), to design,
purchase and install playstructure.
Agreements:
Agreement with Clifford and Brown for legal
services (not to exceed $75,000) in connection
with the acquisition of easements required by
the conditions of Tentative Parcel Map 11894.
M. Contract Change Order No. 61 to Agreement
No. 09 -076 with Security Paving Company, Inc.
($52,505.80; revised not to exceed
$87,461,338.95/funded with traffic impact fees),
for the construction of the Westside Parkway
Phase 2 Project. (TRIP)
n. Contract Change Order Nos. 1 through 3 to
Agreement No. 12 -064 with Granite
Construction Company ($139,306.20; revised
not to exceed $897,876.20) for construction of
State Route 184 at Bedford Green Drive.
Bids:
o. Accept bid from Mity Lite, Inc. ($79,940.93), for
replacement tables for use in the Convention
Center and Rabobank Arena.
ACTION TAKEN
ROI 1727
RES 107 -12
AGR 12 -126
REMOVED BY STAFF
AGR 09 -076
CC061
AGR 12 -064
CCO1, CCO2, CCO3
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8. CONSENT CALENDAR continued ACTION TAKEN
P, Rescind bid award to Ride Now Powersports for
four police special motorcycles for the Police
Department,
q. Police Special Sedans:
Extend bid from Jim Burke Ford
($321,952.68) for fourteen additional four
door police special sedans for the Police
Department.
2, Appropriate $56,000 Equipment Fund
balance to the Public Works and IT
operating budgets within the Equipment
Management Fund.
Miscellaneous:
Appropriate $12,000 Federal Grant Revenues to
the Police Department Operating budget
within the General Fund to purchase uniforms
and equipment for officers participating in
multi- agency narcotics operations.
S. Appropriate and transfer $15,000 Fire
Trust- Hazmat Penalty Funds to the Certified
Unified Program Agency Fund Operating
budget for mandated online records entry
into the California Electronic Reporting System
2.0 System.
t. Approval of like kind land exchange with the
Housing Authority of Kern, LLC, for property
located west of South Union Avenue and north
of Panama Lane.
U. Quitclaim Deed to JEC Panama, LLC, and C &C DEED 7552
Properties, Inc., removing a Temporary
Turnaround Easement in Parcel Map 11118,
located south of Pacheco Road and east of
Gosford Road.
Successor Agency Business:
V. Receive and file successor agency payments
from August 28, 2012 to September 13, 2012 in
the amount of $87,072.64.
Motion by Councilmember Hanson to adopt APPROVED
Consent Calendar items 8.a. through 8. v., with the AB COUCH
deletion of item 81
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Bakersfield, California, September 26, 2012 - Page 7
9. CONSENT CALENDAR PUBLIC HEARINGS
None.
10. HEARINGS
a. Public hearing to consider adoption of
resolution certifying the Final Environmental
Impact Report (EIR) for the Kern River Flow and
Municipal Water Program,
City Clerk Gafford announced that seven items
of correspondence have been received
regarding this hearing: One letter from the
North Kern Water Storage District, Shaffer -
Wasco Irrigation District, Semitropic Water
Storage District, City of Shaffer and City of
Wasco; one letter each from Kern Delta Water
District, City of Shaffer, Downey Brand, and
Robert Crewdson; and one e -mail each from
Jerry Ludeke and Jason Cater,
Water Resources Manager Chianello made
staff comments, provided a PowerPoint
presentation and recommended adoption of
the Resolution.
Hearing opened at 6:30 p.m.
The following individuals spoke in opposition of
the staff recommendation: Dennis Fox; and
Richard Diamond, General Manager of the
North Kern Water Storage District.
The following individuals spoke in support of the
staff recommendation: Rich O'Neil, President
of the Kern River Parkway Committee; Madi
Elsea, President of the Kern Audubon Society
(submitted written material); Scott Hayworth; Bill
Cooper, President of the Kern River Parkway
Foundation; and John Elwee.
No one spoke in rebuttal.
Hearing closed at 6:52 p.m.
ACTION TAKEN
RES 108 -12
Motion by Councilmember Hanson to adopt the APPROVED
Resolution certifying the Final EIR for the Kern AB COUCH
River Flow and Municipal Water Program.
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Bakersfield, California, September 26, 2012 - Page 8
10. HEARINGS ACTION TAKEN
b. Public hearing to consider adoption of RES 109 -12
resolution establishing Underground Utility
District No. 4, Division 01 (Allen Road at the
Westside Parkway). (TRIP)
Public Works Director Rojas made staff
comments and recommended adoption of the
Resolution.
Hearing opened at 6:58 p.m.
No one spoke.
Hearing closed at 6:58 p.m.
Motion by Councilmember Hanson to adopt the APPROVED
Resolution establishing Underground Utility AB COUCH
District No. 4, Division 01.
11. REPORTS
None.
12. DEFERRED BUSINESS
a. City Council Meeting Times:
1. Adoption of Ordinance amending ORD 4689
Chapter 2.04.010 of the Municipal Code
relating to City Council Meeting times.
(FR 9112112)
2. Resolution adopting a City policy RES 110 -12
regarding the starting times for City
Council meetings.
City Manager Tandy made staff comments
and recommended adoption of the Ordinance
and Resolution.
Motion by Councilmember Hanson to adopt the APPROVED
Ordinance and Resolution regarding City policy AB COUCH
for starting times of City Council meetings. NOES SALAS,
JOHNSON
13. NEW BUSINESS
None.
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Bakersfield, California, September 26, 2012 - Page 9
14. CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subdivision
(b)(3)(A) of Government Code Section 54956.9
(two matters).
Motion by Councilmember Hanson to adjourn to
Closed Session at 7:00 p.m.
Motion by Councilmember Weir to adjourn from
Closed Session at 7.56 p.m.
RECONVENED MEETING AT 8:01 p.m.
15. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subdivision
(b)(3)(A) of Government Code Section 54956.9
(two matters).
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Sullivan announced that she noticed
Mayor Hall picking up trash near the northbound
freeway onramp at Ming Avenue on Saturday and
commended him for his efforts.
Mayor Hall advised that 32 bags of litter were picked
up that Saturday over a two -hour period.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:04 p.m.
ATTEST;
ACTION TAKEN
APPROVED
AB COUCH
APPROVED
AB COUCH
NO REPORTABLE
ACTION
CITY CLERK and Ex Offiji4 Clerk of
the Council of the City of Bakersfield
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