HomeMy WebLinkAbout11/14/12 CC MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 14, 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,
Hanson, Sullivan, Johnson
Absent: Councilmember Weir
a. Introduction of student body representatives
participating in the 581h consecutive Teen City
Government Day.
it Edwin Ortiz, Foothill High School; Jennifer Hong,
Stockdale High School; Taylor Winter (absent),
Liberty High School; Karlee Rodriguez Juarez
(absent), North High School; Amanpreet Sarai,
Ridgeview High School; Renae Lewis (absent),
West High School; Esperanza Gutierrez, Mira
Monte High School; Ying Wu, Independence
High School; Chloe Carlson, Centennial High
School; Keely Palla, Garces Memorial High
School; Matt Adams, Frontier High School;
Gabriella Tkac (absent), Bakersfield Christian
High School; and Ashly Mohankumar, Highland
High School.
2. INVOCATION by Pastor Valarie Carlson, Emanuel
Lutheran Church.
3. PLEDGE OF ALLEGIANCE by Evan Negrete, 1 st grade
student at Colonel Nichols Elementary School.
Mayor Hall acknowledged the students from the Bakersfield
College Political Science class and from the Ridgeview High
School Government class in attendance at the meeting to
learn about City government.
ACTION TAKEN
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Bakersfield, California, November 14, 2012 - Page 2
Mayor Hall acknowledged probationary police officer ACTION TAKEN
Michael Crowe in the audience this evening, whom had
suffered a serious off -duty accident and has spent
considerable time in rehabilitation for the impacts of his injury,
and he commended Mr. Crowe on his efforts and wished him
the best of luck as he resumes his status with the Bakersfield
Police Department.
4. PRESENTATIONS
None.
5. PUBLIC STATEMENTS
a. Rick Moore, producer and director of the
upcoming Glorious Christmas musical
presentation at Canyon Hills Church, invited the
Mayor and Council to attend any of the
performances beginning Friday, December 14,
through Sunday, December 16.
b. Kathleen Ellis Faulkner spoke in support of High
Speed Rail.
C. Joseph Curiel and Tim Palmquist spoke in
support of a proposed human life ordinance.
d. Jeremy Wright spoke in support of renaming
Hayes Street to Toliver, and thanked Mayor,
Council and staff for helping build community
support for this endeavor.
e. Ryan Nance spoke in opposition to the
prevailing wage resolution adopted at the last
City Council meeting.
6. WORKSHOPS
None.
7. APPOINTMENTS
None.
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Bakersfield, California, November 14, 2012 - Page 3
8. CONSENT CALENDAR ACTION TAKEN
Minutes:
a. Approval of minutes of the October 17, 2012
Regular City Council Meeting.
Payments:
b. Receive and file department payments from
October 5, 2012 to October 29, 2012 in the
amount of $1 9,765,083.12 and self- insurance
payments from October 5, 2012 to October 29,
2012 in the amount of $367,137.53 totaling
$20,132,220.65.
Ordinances:
C. First Reading of the following Ordinances
amending various sections of the Municipal
Code:
1.
Section 2.04.070 relating to City Council
FR
Meeting Order of Business.
2.
Section 3.20.090(G) relating to formal
FR
contract procedures.
3.
Section 5.08.080 relating to expiration of
FR
alarm system permit.
4.
Section 5.08.160 relating to alarm permit
FR
appeals.
5.
Section 5.08.190 relating to violation of
FR
alarm regulations.
FR
6.
Section 5.32.060(A) relating to
application for massage establishment
and practitioner permit.
7.
Section 10.44.060 relating to truck routes.
FR
8.
Section 12.20.020(6) relating to
FR
revocation of encroachment permits.
9.
Section 13.12.030 relating to
FR
development improvement standards
and specifications.
10.
Section 15.74.190(A) relating to flood
FR
damage exemption and appeal
procedures.
FR
11.
Section 15.78,090(C) relating to
Metropolitan Bakersfield Habitat
Conservation plan mitigation program
violation /penalty.
12.
Section 15.80.040 relating to limitation as
FR
to minor land division.
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Bakersfield, California, November 14, 2012 - Page 4
CONSENT CALENDAR continued
Item 8,c, continued
13. Section 15.84.055 relating to reduction or
waiver of transportation impact fee for
low- income housing projects.
14. Section 16.12.030(C) relating to lot line
adjustments.
15. Section 16.12.050 relating to limitation as
to minor land division.
16. Section 16.12.075 relating to approval of
maps conditioned on indemnification of
City.
17, Section 16.16.080(E) relating to extension
of map approval.
18. Section 16.20.060(A)(3)(e) relating to
statements of parties having record title
interest in drill site parcels.
19. Section 16.32.060(E) relating to fees for
sewer facilities.
20. Section 17.04.305 relating to garage or
yard sale.
21. Section 17.08.210 relating to approval of
development entitlement conditioned
on indemnification of City.
22. Section 17.60.020(6) relating to permits
for signs.
23. Section 19.04.050 relating to vehicle
parking at airports.
24. Sections of the Municipal Code which
reference Development Services
Director.
25. Sections of the Municipal Code which
reference Uniform Building Code.
Resolutions:
d. Resolution setting the dates of Regular City
Council Meetings, Budget Hearings, and
Department Budget Presentations for January
through December 2013.
e. 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 secured against entry
or for the abatement of certain weeds, debris
and waster matter and authorizing collection of
the assessments by the Kern County Tax
Collector.
ACTION TAKEN
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
RES 123 -12
RES 124 -12
Bakersfield, California, November 14, 2012 - Page 5
8. CONSENT CALENDAR continued
f. Sewer connection and construction fee
assessments for 7808 Hooper Avenue;
1. Resolution confirming assessments for
sewer connection fee and construction
fee and authorizing the collection of
assessments by the Kern County Tax
Collector.
2. Agreement with Ronald S. & Rebecca L.
Edwards, to pay sewer connection and
construction fees in installments through
the Kern County Tax Collector and
notice of special assessment lien.
g. Resolutions adding the following territories to
the Consolidated Maintenance District and
approving, confirming, and adopting the Public
Works Director's Reports for and authorizing
collection of assessments by the Kern County
Tax Collector.
1. Area 2 -51 (7301 District Boulevard)
2. Area 2 -52 (5551 District Boulevard)
h. Resolution of Intention No. 1730 adding territory,
Area 5 -65 (700 Planz Road) to the Consolidated
Maintenance District and preliminarily
approving, confirming and adopting the Public
Work's Director's Report.
I. Resolution of Intention No. 1721 to accept
dedication of right of way for Hosking Avenue
at the Northeast corner of Hosking Avenue and
Stine Road.
Agreements:
j. Disposition and Development Agreement with
the Housing Authority of the County of Kern for
Baker Street Village Phase ll, ($3,600,695) for the
development of 40 units of affordable multiple -
family apartments at 1014 Baker Street and the
rehabilitation of the Cornet Building and vacant
lot at 1006 Baker Street,
k. Agreement with Alliance Against Family
Violence and Sexual Assault ($21,667
Emergency Shelter Grant Funds) to support the
operating costs to continue services located at
1600 East Truxtun Avenue.
ACTION TAKEN
RES 125 -12
AGR 12 -137
RES 126 -12
RES 127 -12
ROI 1730
ROI 1721
AGR 12 -138
ABS JOHNSON
AGR 12 -139
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Bakersfield, California, November 14, 2012 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
Agreement with Bethany Services /Bakersfield
Homeless Center ($68,000 Emergency Shelter
Grant Funds) to support the operating costs for
facility located at 1600 East Truxtun Avenue.
M. Agreement with Bakersfield Rescue Mission
($68,000 Emergency Shelter Grant Funds) to
support the operating costs for the facility
located at 816 E. 21 st Street.
n. Agreement with Universal Background
Screening (not to exceed $10,000) for
pre - employment services.
o. Agreement with Canyon Hills Assembly of God
Church ($21,000) to purchase real property
located at the northwest corner of Morning
Drive and State Route 178 for the Morning Drive
Interchange Project. (TRIP)
P. Agreement with Promotora Jardines Del Eden
Corporation ($112,800) to purchase real
property located at the northwest corner of
Morning Drive and State Route 178 for the
Morning Drive Interchange Project. (TRIP)
q. Cooperative Agreement with State of California
Department of Transportation (Caltrans) for
construction of the State Route 58 GAP Closure
Project. (TRIP)
Final Map and Improvement Agreement with
Castle & Cooke California, Inc., for Tract 6448
Unit 9 located south of Stockdale Highway and
west of Renfro Road.
S. Amendment No. 1 to Agreement No. 11 -146
with IPC USA ($2,750,000; revised not to exceed
$5,500,000 and extends term one year), to
continue the supply of full -load gasoline and
diesel fuel.
Amendment No. 1 to Agreement No. 11 -147
with Valley Pacific Petroleum Services, Inc.
($1,250,000; revised not to exceed $2,500,000
and extends term one year), to continue the
supply of partial -load gasoline and diesel fuel.
AGR 12 -140
AGR 12 -141
AGR 12 -142
AGR 12 -143
DEED 7562
AGR 12 -144
DEED 7563
AGR 12 -145
AGR 12 -146
AGR 11- 146(1)
AGR I1- 147(1)
Bakersfield, California, November 14, 2012 - Page 7
8. CONSENT CALENDAR continued
U. Amendment No. 1 to Agreements with the
following property owners to pay sewer
connection and construction fees in
installments through the Kern County Tax
Collector:
1. Agreement No. 12 -001 - William J. & Ann
Kinnett, 7705 Hooper Ave.
2. Agreement No. 12 -002 - Ray W. &
Quandala Graham, 7908 Kimberly Ave.
3. Agreement No. 12 -005 - Milton J. &
Marilyn C. Webster, 7712 Kimberly Ave.
4. Agreement No. 12 -006 - Franklin W. &
Dorothy E. Allen, 7913 Hooper Ave.
5. Agreement No. 12 -007 - Richard D. &
Judith I. Baize, 7600 Hooper Ave.
6. Agreement No. 12 -008 - Robert E. &
Carolyn. Balch, 7709 Kimberly Ave.
7. Agreement No. 12 -009 - Roy & Marilyn A.
Garcia, 7804 Kimberly Ave.
8. Agreement No. 12 -010 - Michael D. &
Genita K. Holman, 7608 Kimberly Ave.
9. Agreement No. 12 -011 - Andrew &
Delphine R. Lopez, 7801 Kimberly Ave.
10. Agreement No. 12 -012 - David E. &
Michelle D. Reed, 7605 Kimberly Ave.
V. Contract Change Order No. 62 to Agreement
No. 09 -076 with Security Paving Company, Inc.
($150,526.11; revised not to exceed
$87,709,456.65; change order funded with
traffic impact fees), for the construction of the
Westside Parkway Phase 2 Project. (TRIP)
W. Contract Change Order No. 1 to Agreement
No. 12 -109 with Bowman Asphalt Inc. ($48,808;
revised not to exceed $461,220), for the Hosking
Avenue and Wible Road Street Improvements
Project.
X. Contract Change Order Nos. 1 and 2 to
Agreement No. 12 -099 with Security Paving
Company ($56,722.77; revised not to exceed
$1,152,767. 10) for the Pavement Rehabilitation
2012 Phase 2: Panama Lane from State Route
99 to South H Street.
ACTION TAKEN
AGR 12- 001(1)
AGR 12- 002(1)
AGR 12- 005(1)
AGR 12- 006(1)
AGR 12- 007(1)
AGR 12- 008(1)
AGR 12- 009(1)
AGR 12- 010(1)
AGR 12- 011(1)
AGR 12- 012(1)
AGR 09 -076
CCO62
AGR 12 -109
CCOi
AGR 12 -099
CCO 1, CCO2
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8.
Bakersfield, California, November 14, 2012 - Page 8
CONSENT CALENDAR continued ACTION TAKEN
Bids:
Y. Reject bids for the annual contract to supply
fire resistant clothing to the General Services
Division.
Z. Reject bids for contract for construction of HUD
funded curb and gutter for Alta Vista and East
California areas.
aa. Reject bids for contract to supply HUD funded
street materials.
bb, Accept bid from Cyber Computers, Inc.
($104,296.25), for one hundred replacement
Lenovo desktop computers for the Information
Technology Division.
CC. Accept bid and Additive Alternate No. 1 and AGR 12 -147
approve contract with CTG Construction, Inc.
($56,800), for painting at various Fire Stations.
dd. Accept base bid and Additive Alternate Nos. 1 AGR 12 -148
and 2 and approve contract with U.S. National
Corp. ($55,200), for painting and window repair
at Fire Station No. 1, HUD funded.
ee. Accept bid and approve contract with Loop AGR 12 -149
Electric, Inc. ($79,680), for the Traffic Signal
Interconnect - Part 9 Project.
ff. Accept bid and approve contract with Loop AGR 12 -150
Electric, Inc. ($152,275), for the Traffic Signal
Interconnect - Part 10 Project.
gg. Annual Contract for Refuse and Recycling
Carts:
Accept bid and approve contract to AGR 12 -151
Toter LLC ($3,487,662.75), for supply of
refuse and recycling carts.
2. Appropriate $1,500,000 Refuse Fund
balance to the Capital Outlay budget
within the Refuse Fund for the purchase
of recycling carts associated with
universal curbside program.
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Bakersfield, California, November 14, 2012 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
Miscellaneous:
hh. Appropriate $60,000 Federal Grant Revenues
(FY 2012 -13 Sobriety Checkpoint Mini -Grant
Award from the State Office of Traffic Safety) to
the General Fund Police Operating budget, to
fund overtime for DUI checkpoints in the Traffic
Division.
Appropriate $395,000 Landfill Closure Fund
balance to the Public Works Department's
Capital Improvement budget for costs
associated with the Landfill Closure Project,
jj, Department of Housing & Urban Development
(HUD) Action Plan Amendment No. 7 (FY 06/07),
Amendment No. 15 (FY 08/09), Amendment
No, 8 (FY 10/ 11), and Amendment
No. 2 (FY 12/13).
kk. Acceptance of 2010 -11 Transportation
Development Act Funds Financial Statements.
Successor Agency Business:
Receive and file successor agency payments
from October 5, 2012 to October 29, 2012 in the
amount of $307,531.85.
Councilmember Johnson announced he would
abstain due to conflict of interest, source of income,
on item 8.j.
Motion by Vice -Mayor Couch to adopt Consent APPROVED
Calendar items 8.a. through 8.11. AB WEIR
9. CONSENT CALENDAR PUBLIC HEARINGS
None.
Mayor Hall recessed the meeting at 5:57 p.m. and
reconvened the meeting at 6:00 p.m.
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Bakersfield, California, November 14, 2012 - Page 10
10. HEARINGS ACTION TAKEN
a. Resolution adopting the Negative Declaration RES 128 -12
and approving the closing and construction of
cul -de -sacs of Beech, Myrtle, Spruce, Pine,
Cedar, A, B, and C Streets south of 24th Street,
subject to conditions.
City Clerk Gafford announced that
correspondence was received regarding
this hearing, as follows: e -mails from Bob and
Kristie Coons, Don Stansbury, and Ann Deiner;
correspondence from Ron Fraze, Vanessa and
Darlene Vangel, Dr. Romain Clerou Family, Rose
and Frank Munoz, David Boyd, Jerry and Anne
Seydel, and an individual letter from Jerry
Seydel.
Public Works Director Rojas made staff
comments and introduced Assistant Public
Works Director Underwood, who provided a
PowerPoint presentation, and recommended
adoption of the Negative Declaration and
approval of the Resolution.
Hearing opened at 6:21 p.m.
The following individuals spoke in opposition to
the staff recommendation: Dave Cross,
representing the Dr. Romain Clerou Family and
the Del Toro -Diaz Family, and submitted written
material; Vanessa Vangel, on behalf of her
mother and herself; Terry Maxwell; and Julie
Regal, representing her father, Dr. Romain
Clerou, and members of her family.
Motion by Councilmember Benham to extend APPROVED
the speaking time to an additional 15 minutes AB WEIR
for each side.
The following additional individuals spoke in
opposition to the staff recommendation:
Tomas Del Toro -Diaz, and Jerry Seydel.
The following individuals spoke in support of the
staff recommendation: Mike Hawkesworth;
Ron Fraze; Wayne Kress; Lamar Kerley; Susan
Ferguson; Dominique Minaberrigarai,
representing himself and Mr. Charles Hong; Jeff
Lemucchi; John Hale, representing his
neighbors on Pine Street between 22nd and 24th
streets; Robert Massey, and Jamie Hickock,
representing his neighbors on B Street between
22nd and 241h streets.
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Bakersfield, California, November 14, 2012 - Page 11
10. HEARINGS continued ACTION TAKEN
Item 10,a. continued
The following individuals spoke in opposition rebuttal
to the staff recommendation: Vanessa Vangel; Julie
Regal; and Dave Cross.
The following individuals spoke in support rebuttal of
the staff recommendation: Robert Massey; and John
Hale.
Hearing closed at 7:19 p.m.
Councilmember Benham requested the record
reflect that if this enabling legislation is approved
tonight, there remains the availability to opt out if
any street is unable to reach consensus or the consent
of the property owners on the north end.
Motion by Councilmember Benham to adopt the APPROVED
Negative Declaration and approve the Resolution as it AB WEIR
was discussed tonight with the 84 -foot diameter with
the sidewalks as staff has discussed to make it ADA
compliant.
b. General Plan Amendment /Zone Change
No. 12 -0244; McIntosh & Associates,
representing Amber Investments, LLC (property
owners), has applied for a general plan
amendment and zone change on 10.26 acres
generally located at 12714 Allen Road,
northeast corner of Allen Road and Stockdale
Highway.
Resolution adopting the Negative RES 129-12
Declaration and approving the general
plan amendment changing the land use
designation from OC (Office
Commercial) to GC (General
Commercial).
2. First Reading of Ordinance adopting the FR
Negative Declaration and amending
Title 17 of the Municipal Code by
changing the zone district from C -O
(Professional and Administrative Office)
to C -2 /PCD (Regional
Commercial /Planned Commercial
Development).
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Bakersfield, California, November 14, 2012 - Page 12
10. HEARINGS continued ACTION TAKEN
Item I O b, continued
Community Development Director Mclsaac
made staff comments and recommended
adoption of the Resolution and give first
reading to the Ordinance.
City Clerk Gafford announced correspondence
was received from Tonya Riley in opposition to
this matter.
Hearing opened at 7:35 p.m.
The following individuals spoke in opposition to
the staff recommendation: Alex Georgian and
Ann Georgian.
Mayor Hall acknowledged Mr. and
Mrs. Georgian for their efforts in picking up litter
in their neighborhood.
The following individuals spoke in support of the
staff recommendation: Roger McIntosh, with
McIntosh & Associates, representing Steve and
Carrie Anderson of Amber Investments; and
John Hale.
Alex Georgian spoke in rebuttal opposition to
the staff recommendation.
No one spoke in rebuttal support of the staff
recommendation.
Hearing closed at 7:48 p.m.
Motion by Vice -Mayor Couch to adopt the APPROVED
Resolution and give first reading to the AB WEIR
Ordinance.
12.
13.
14.
Bakersfield, California, November 14, 2012 - Page 13
REPORTS ACTION TAKEN
a. Amenity Replacement Plan for Pools:
1. Splash Pad at Siemon Park.
2. Skate Park and additional Picnic Areas
at Planz Park.
3. Appropriate and transfer $105,000 in
Transient Occupancy Taxes Fund
balance to the Public Works
Department's Capital Improvement
budget within the Capital Outlay Fund
for the demolition and design phases of
the replacement amenities for Siemon
and Planz Pools.
Administrative Analyst Huot made staff
comments, provided a PowerPoint
presentation, and advised that the Community
Services Committee recommends approval of
amenity replacement plan and appropriation
and transfer of funds.
Motion by Councilmember Sullivan to approve APPROVED
amenity replacement plan and appropriation AB WEIR
and transfer of funds.
DEFERRED BUSINESS
None.
NEW BUSINESS
None.
COUNCIL AND MAYOR STATEMENTS
Councilmember Johnson requested that when staff
does the overview of the bike master plan for the
community, he would like to incorporate adding the
bike lanes on Wible Road into that review.
Councilmember Solos asked staff to provide a memo
to the rest of the Council regarding what the City is
trying to accomplish with the Public Utilities
Commission to bring additional funding to help with
the different solar projects for the residents of
Bakersfield.
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Bakersfield, California, November 14, 2012 - Page 14
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Sullivan announced that her
granddaughter had a new baby boy this morning.
Mayor Hall announced that Vice -Mayor Couch will be
closing the meeting at the conclusion of Closed
Session.
15. CLOSED SESSION
a. Public Employee Performance Evaluation - City
Attorney; Closed Session pursuant to
Government Code Section 54957(b)(1)/54957,6.
Motion by Vice -Mayor Couch to adjourn to Closed APPROVED
Session at 8:05 p.m. AB WEIR
Motion by Councilmember Solos to adjourn from APPROVED
Closed Session at 8:57 p.m. AB WEIR
RECONVENED MEETING AT 8:57 p.m.
16. CLOSED SESSION ACTION
a. Public Employee Performance Evaluation - City STAFF GIVEN
Attorney; Closed Session pursuant to DIRECTION
Government Code Section 54957(b)(1)/54957.6,
Vice -Mayor Couch announced City Attorney Gennaro
received a favorable evaluation.
City Attorney Gennaro thanked the Council for its
support and great cooperation over the years;
announced she would miss those who will not be here
next year; and that staff was unanimously directed to
prepare an amendment to the City Attorney's
contract and to include the City Management Group
increase, which became effective in July of 2012.
Bakersfield, California, November 14, 2012 - Page 15 1 5 4 8
17. ADJOURNMENT
Vice -Mayor Couch adjourned the meeting at
8:58 p.m.
ATTEST;
ACTION TAKEN
MAYOR of the City of Bakersfield,
CITY CLERK and Ex Offi i 'Clerk of
the Council of the City of Bakersfield
1 5 4 ° BAKERSFIELD, California, November 14, 2012- PaoP16
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