HomeMy WebLinkAbout11/28/12 CC MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 28, 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, Hanson, Johnson
Absent: Vice -Mayor Couch, Councilmember
Sullivan
Administrative Assistant Lawrence announced that, at the
request of staff, Consent Calendar Item 8.i. has been pulled,
and at the request of the City Attorney, Closed Session Item
15.a. has been pulled from tonight's agenda.
2. INVOCATION by Pastor Joshua Kirstine, Olive Drive
Church.
3. PLEDGE OF ALLEGIANCE by Carson Tenter, 1 st grade
student at Stockdale Christian 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.
4. PRESENTATIONS
a. Presentation by Mayor Hall of the Key to the
City and a plaque to Councilmember Rudy
Salas.
Councilmember Salas accepted the key and
plaque, and made comments.
ACTION TAKEN
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Bakersfield, California, November 28, 2012 - Page 2
5. PUBLIC STATEMENTS ACTION TAKEN
a. Danny O'Neal, Walter Mary Walker, and Wayne
Anthony Walton, members of St. John
Missionary Baptist Church; and Antonio Alfred,
Pastor of St. John Missionary Baptist Church,
spoke regarding the H2T Project, renaming
Hayes Street to Tyree Toliver Street.
City Attorney Gennaro provided a status
update regarding this project.
Councilmember Salas thanked the members of
St. John Missionary Baptist Church, community
members and City staff for working together on
this project.
b. Cindy Pollard, newly appointed President of the
Greater Bakersfield Chamber of Commerce,
introduced herself and indicated she is looking
forward to working with the City.
C. Dave Cross spoke regarding High Speed Rail,
urged the City Council to refer the High Speed
Rail Area Study around the station to a standing
committee, or to one or more of the existing
standing committees that help put together
policy matters, and then refer back to the full
Council; and submitted written material.
d. Marvin Dean spoke regarding the following: in
support of the application by St. John
Missionary Baptist Church to rename Hayes
Street to Tyree Toliver Street; congratulated
Councilmember Salas for his election to the
State Assembly; invited everyone to attend a
community information meeting calling for a
special election (submitted written material);
and High Speed Rail (submitted written
material).
e. Terri Palmquist and Tim Palmquist spoke
regarding a Human Life Ordinance, and
submitted written material.
6. WORKSHOPS
None.
7.
8.
Bakersfield, California, November 28, 2012 - Page 3
APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 14, 2012
Regular City Council Meeting.
Payments:
b. Receive and file department payments from
October 30, 2012 to November 13, 2012 in the
amount of $8,834,083.04 and self- insurance
payments from October 30, 2012 to
November 13, 2012 in the amount of
$308,977.82 totaling $9,143,060.86.
Ordinances:
ACTION TAKEN
C. Adoption of the following Ordinances
amending various sections of the Municipal
Code:
1.
Section 2.04.070 relating to City Council
4691
Meeting Order of Business.
2.
Section 3.20.090(G) relating to formal
4692
contract procedures.
3.
Section 5.08,080 relating to expiration of
4693
alarm system permit.
4.
Section 5.08.160 relating to alarm permit
4694
appeals.
5.
Section 5.08.190 relating to violation of
4695
alarm regulations.
6.
Section 5.32.060(A) relating to
4696
application for massage establishment
and practitioner permit.
7.
Section 10.44.060 relating to truck routes.
4697
8.
Section 12.20.020(6) relating to
4698
revocation of encroachment permits.
9.
Section 13.12.030 relating to
4699
development improvement standards
and specifications.
10.
Section 15.74.190(A) relating to flood
4700
damage exemption and appeal
procedures.
11.
Section 15.78.090(C) relating to
4701
Metropolitan Bakersfield Habitat
Conservation plan mitigation program
violation /penalty.
15'S2
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8.
Bakersfield, California, November 28, 2012 - Page 4
CONSENT CALENDAR continued
Item 8,c, continued
12, Section 15.80.040 relating to limitation as
to minor land division.
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(B) 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 authorizing application for all
CalRecycle Grants for five years.
e. Purchase of Holmatro Rescue Equipment;
Resolution determining that Holmatro
rescue equipment cannot be obtained
through the usual bidding procedures
and authorizing the Finance Director to
dispense with bidding therefor, not to
exceed $168,000.
ACTION TAKEN
4702
4703
4704
4705
4706
4707
4708
4709
4710
4711
4712
4713
4714
4715
RES 130 -12
RES 131 -12
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Bakersfield, California, November 28, 2012 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.e. continued
2. Approve the purchase of seven
replacement rescue tools from Fire
Service Specification and Supply (FS3)
(not to exceed $168,000).
f. Changes to Salary Schedule and Revised Job
Specifications:
Amendment No. 5 to Resolution RES 140 -08(5)
No. 140 -08 approving Memorandum of
Understanding for employees of the Blue
and White Collar Units and adopting
salary schedule and related benefits for
Real Property Agent I.
2. Revised Job Specifications: Motor
Sweeper Operator # 13270, Service
Maintenance Worker # 13700, Real
Property Agent I # 26000.
g. Resolution of Intention No. 1731 to accept ROl 1731
dedication of right of way for Coffee Road at
the southeast corner of Coffee Road and
Goesling Avenue (located near the intersection
of Coffee Road and Norris Road).
Agreements:
h. Memorandum of Agreement with Kern Council
of Governments for funding assistance in
updating the Land Use and Circulation
Elements of the Metropolitan Bakersfield
General Plan.
Agreement with Kern Council of AGR 12 -152
Governments ($152,340) to reimburse the
City for costs incurred in drafting updates
to the land use and circulation elements
of the Metropolitan Bakersfield General
Plan.
2. Appropriate an additional $52,340 to the
Development Services Capital
Improvement budget in the Capital
Outlay Fund. This new MOA will
supersede MOA No. 07 -137.
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Bakersfield, California, November 28, 2012 — Page 6
CONSENT CALENDAR continued ACTION TAKEN
Agreement with Southern California Gas REMOVED BY STAFF
Company (SCG) authorizing SCG to install
data collection units on street light poles for the
Advanced Meter Program.
j. Independent Contractor's Agreement with AGR 12 -153
Spear Security and Management Company
($73,632)) for site security services at the Amtrak
Station.
k. Independent Contractor's Agreement with AGR 12 -154
Quad Knopf ($100,000) for providing on- call
environmental services for non - federally funded
Capital Improvement Projects for Fiscal Years
2012 -2013 and 2013 -2014.
Reimbursement Agreement with North Kern AGR 12 -155
Water Storage District (not to exceed $53,253)
for City's pro -rata share of costs to participate
in Kern River Weather Modification Program for
the 2012 -2013 season.
M. Transportation Impact Fee Agreement with AGR 12 -156
Pulte Homes, Inc. (not to exceed $477,650.88),
for improvements on State Route 178.
n. Transportation Impact Fee Agreement with AGR 12 -157
Palma Homes, Inc. (not to exceed $61,174.31),
for improvements constructed on Wible Road.
o. Amendment No. 4 to Agreement No. 03 -310 for AGR 03- 310(4)
employment of Virginia Gennaro as City
Attorney.
P. Contract Change Order Nos. 38, 55, 57, 58, 59, AGR 09 -076
67, 68, 69 and 73 to Agreement No. 09 -076 with CCO38, CCO55,
Security Paving Company, Inc. ($177,084.91; CCO57, CCO58,
revised not to exceed $87,886,541.56; change CCO59, CC067,
orders funded with traffic impact fees), for the CCO68, CC069,
CCO73
construction of the Westside Parkway Phase 2
Project. (TRIP)
Bids:
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Bakersfield, California, November 28, 2012 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
Miscellaneous:
q. Appropriate $2,500 contribution from Southern
California Gas Company made to the
Recreation and Parks Department Operating
budget within the General Fund for the Escape
School Event.
Transfer $151,000 from the Watts /Coral Gables
Park Project to the Contribution Account within
the Park Improvement Fund to reimburse
construction of multi -use fields at the Friendship
House Community Center.
Successor Agency Business:
S. Receive and file successor agency payments
from October 30, 2012 to November 13, 2012
in the amount of $22,321.06.
Motion by Councilmember Hanson to adopt Consent APPROVED
Calendar items 8.a. through 8.s., with the removal of AB COUCH,
item 81 SULLIVAN
9. CONSENT CALENDAR PUBLIC HEARINGS
None.
10. HEARINGS
a. Public hearing to consider the Resolution RES 132 -12
ordering the vacation of the remaining
portion of the alley and access easement
between 2811, Street and the previously vacated
27th Street, east of Chester Avenue, and the
public utilities easement (PUE) located in the
same alley between 28th Street and lot 15 of
Block 487.
Public Works Director Rojas made staff
comments and recommended adoption of the
Resolution.
Hearing opened at 5:52 p.m.
No one spoke.
Hearing closed at 5:53 p.m.
Motion by Councilmember Benham to adopt APPROVED
the Resolution. AB COUCH,
SULLIVAN
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Bakersfield, California, November 28, 2012 - Page 8
11. REPORTS ACTION TAKEN
None.
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Salas thanked staff, the intems, and
the college, high school and elementary students that
helped improve the lives of everybody out in the
community; he also thanked City Attorney Gennaro,
City Manager Tandy, Community Development
Director Mclsaac and his predecessor, Donna Kunz,
Public Works Director Rojas, Planning Director Eggert
and Building Director Burns for their assistance during
his time on the City Council.
Councilmember Weir congratulated Councilmember
Salas on his election to the State Assembly.
Councilmember Hanson wished Councilmember Salas
and his family the very best.
Councilmember Johnson congratulated
Councilmember Salas and wished him the best of
luck.
Councilmember Benham congratulated
Councilmember Salas.
Mayor Hall recognized the efforts of the many groups
and organizations that provided Thanksgiving meals to
the less fortunate in our community.
Mayor Hall acknowledged the efforts of the Keep
Bakersfield Beautiful Committee in obtaining grant
funding to place cigarette urns in the downtown area,
and he also expressed his appreciation to the local
artists who took the time and energy to paint the urns
to add a complimentary decor in front of the various
businesses.
14.
15.
Bakersfield, California, November 28, 2012 - Page 9
ACTION TAKEN
COUNCIL AND MAYOR STATEMENTS continued
Mayor Hall expressed his appreciation to Don Hoggaft,
Park Landscape Designer, who will be retiring in
December after 35 years of service to the City; and
also to Assistant Public Works Director Brad
Underwood, who will be leaving the City after 26 years
of service to pursue another career opportunity in
northern California.
CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9
regarding Joe R. Slaughter, et al, v. City, et
al: KCSC Case No. S- 1500 -CV- 271472 -WPD,
CLOSED SESSION ACTION
None.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 6:01 p.m.
ATTEST:
CITY CLERK and Ex Off i6 Clerk of
the Council of the City of Bakersfield
REMOVED BY STAFF
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Bakersfield, California, November 28, 2012 — Page 10
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