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HomeMy WebLinkAbout12/11/12 CC MINUTES1560 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF DECEMBER 11, 2012 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Couch, Councilmembers Benham, Weir, Hanson, Sullivan, Johnson Absent: None. 2. INSTALLATION CEREMONY Invocation by Tour6 Tyler, Sr. Pastor, Cross Christian Church. Presentation of Colors by Boy Scout Troop 47, Southern Sierra Council, Boy Scouts of America. Pledge of Allegiance by Lyle Drake, Boy Scout Troop 47 and Centennial High School. a, Resolution No. 133 -12 declaring the results of RES 133 -12 the General Municipal Election for election of Councilmember for Wards 2, 5 and 6 and the Special Municipal Election for the election of Councilmember for Ward 4, held in the City of Bakersfield on November 6, 2012. Motion by Vice -Mayor Couch to adopt the APPROVED Resolution. Presentation by Mayor Hall of Recognition plaques and keys to the City to Councilmember Benham and Vice -Mayor Couch. Councilmember Benham and Vice -Mayor Couch accepted the plaques and keys to the City, and made comments. Councilmembers Weir, Johnson, Hanson, and Sullivan made comments. 1561 Bakersfield, California, December 11, 2012-Page 2 2. INSTALLATION CEREMONY continued ACTION TAKEN b. Administration of Oath of Office. City Clerk Gafford administered the Oath of Office to Terry Maxwell, Harold Hanson, Bob Smith, and Jacqule Sullivan. Statements were made by Councllmembers Maxwell and Smith Benediction by Tour@ Tyler, Sr. Pastor, Cross Christian Church. Mayor Hall invited everyone to enjoy refreshments in the lobby, and recessed to the Reception at 5:49 p.m. RECONVENED MEETING AT 6:13 p.m. 3. ROLL CALL Present: Mayor Hall, Councilmembers Maxwell, Weir, Smith, Hanson, Sullivan, Johnson Absent: None. 4. PUBLIC STATEMENTS a. The following individuals spoke regarding the California High Speed Rail Project: Horace Mitchell, President, California State University, Bakersfield, provided information about the University's current and potential future roles regarding the High Speed Rail project; Dave Cross recommended the City Council make a request to the High Speed Rail Authority supporting an all-Inclusive union and nonunion project labor agreement and subcontractor agreement, and submitted written material; and Marvin Dean recommended setting up a Bakersfield/Kern County Work Consortium Committee comprised of various entities to work toward getting local workers ready for the construction jobs, and submitted written material. b. Marvin Dean spoke regarding having a special election to fill the Ward 1 vacancy; advised that the residents of the Ward will be circulating a petition to hold a special election; and submitted written material. 1562 Bakersfield, California, December 11, 2012 - Page 3 4. PUBLIC STATEMENTS continued ACTION TAKEN C. The following individuals spoke regarding emergency air alerts, provided a PowerPoint presentation, and submitted written material: Laura Baker, with the Center on Race, Poverty and the Environment, Byanka Santoyo, with Community for a Better Arvin; Valerie Gorospe; and Emily Gorospe. d. Nicole Ramirez spoke regarding her concerns with the lack of special needs adaptive equipment in City parks. Councilmember Johnson asked that this matter be referred to the Community Services Committee for discussion to determine where there might be potential gaps and ways to fill in some of those gaps. e. Ryan Nance asked the City Council to repeal the previously adopted resolution and bring back prevailing wage. f. Tony Amarante asked the City Council to fill the Ward 1 vacancy without spending $100,000 on a special election. g. The following individuals spoke in support of a Human Life Ordinance: Fred Fies, pastor of McKee Road Baptist Church in Greenfield; Sam and Otilia Curiel, pastors of Houses of Light Church; Pastor Troy Morris, from the New Beginnings Christian Church; Pastor Rick Dorr, from Stallion Springs Church; Andy Prince, Lead Pastor at Grace Baptist Church; and Debra Moore. 5. WORKSHOPS None. 1563 Bakersfield, California, December 11, 2012 - Page 4 6. APPOINTMENTS a. One appointment to the Fire Civil Service Board, due to the expiration of term of Mike George, whose term expires December 31, 2012. City Clerk Gafford announced there are two applicants: incumbent Mike George and Ronald Wolfe (ballots were used). Ward 2 George Ward 3 George Ward 4 George Ward 5 George Ward 6 George Ward 7 George ACTION TAKEN Motion by Councilmember Hanson to reappoint APPROVED Mike George to a 3 -year term on the Fire Civil Service Board. b. One appointment to the Miscellaneous Civil Service Board, due to the expiration of term of Daniel Wiliams, whose term expires December 31, 2012. City Clerk Gafford announced there are two applicants: incumbent Daniel Williams and Ronald Wolfe (ballots were used), Ward 2 Williams Ward 3 Williams Ward 4 Williams Ward 5 Williams Ward 6 Williams Ward 7 Williams Motion by Councilmember Hanson to reappoint APPROVED Daniel Williams to a 3 -year term on the Miscellaneous Civil Service Board. 15C� Bakersfield, California, December 11, 2012 - Page 5 6. APPOINTMENTS continued ACTION TAKEN C. One appointment to the Police Civil Service Board, due to the expiration of term of Steven Anderson, whose term expires December 31, 2012. City Clerk Gafford announced there are three applicants: incumbent Steven Anderson, Anthony Noce, and Ronald Wolfe (ballots were used). Ward 2 Anderson Ward 3 Anderson Ward 4 Anderson Ward 5 Anderson Ward 6 Anderson Ward 7 Anderson Motion by Councilmember Hanson to reappoint APPROVED Steven Anderson to a 3 -year term on the Police Civil Service Board. d. One appointment to the Golden Empire Transit District Board, due to the expiration of term of Howard Silver, whose term expires January 6, 2013. City Clerk Gafford announced there are three applicants: incumbent Howard Silver, Brandy Midkiff, and Ronald Wolfe (ballots were used). Ward 2 Silver Ward 3 Silver Ward 4 Silver Ward 5 Silver Ward 6 Silver Ward 7 Silver Motion by Councilmember Hanson to reappoint APPROVED Howard Silver to a 4 -year term on the Golden Empire Transit District Board. 1505 Bakersfield, California, December 11, 2012 - Page 6 6. APPOINTMENTS continued ACTION TAKEN e, Six appointments to the Keep Bakersfield Beautiful Committee, due to the expiration of terms of Regular Members Stephen Montgomery (Ward 2), David Taylor (Ward 5) and Robert Lerude (Ward 6), and Alternate Members Amber Beeson (Ward 2), Patrick Frase (Ward 5) and Sophia Ramirez (Ward 6), whose terms expire November, 2012. Applications were received from the following; WARD 2 - REGULAR MEMBER Stephen Montgomery Norma Jackson Jared Schwab WARD 2 - ALTERNATE Norma Jackson Jared Schwab WARD 5 - REGULAR MEMBER David Taylor Anne Holdren Jared Schwab Jeremy Tobias WARD 5 - ALTERNATE Patrick Frase Anne Holdren Jared Schwab WARD 6 - REGULAR MEMBER Robert Lerude Jared Schwab WARD 6 - ALTERNATE Sophia Ramirez Jared Schwab Councilmember Maxwell asked to extend and defer the Ward 2 nomination to the next meeting. Councilmember Hanson nominated David Taylor, as the Regular Member, and Patrick Frase, as the Alternate, representing Ward 5, to a 4 -year term on the Keep Bakersfield Beautiful Committee. 1506 Bakersfield, California, December 11, 2012 - Page 7 6. APPOINTMENTS continued ACTION TAKEN Item 6.e. continued Councilmember Sullivan nominated Robert Lerude, as the Regular Member, and Sophia Ramirez, as the Alternate, representing Ward 6, to a 4 -year term on the Keep Bakersfield Beautiful Committee. Motion by Councilmember Hanson to appoint APPROVED David Taylor, as the Regular Member, and Patrick Frase, as the Alternate, representing Ward 5, Robert Lerude, as the Regular Member, and Sophia Ramirez, as the Alternate, representing Ward 6, to a 4 -year term on the Keep Bakersfield Beautiful Committee; and defer the Ward 2 appointment until the next Council meeting on January 9, 2013. 7. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 28, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from November 14, 2012 to November 29, 2012 in the amount of $15,282,067.39 and self- insurance payments from November 14, 2012 to November 29, 2012 in the amount of $339,122.21 totaling $15,621,189.60. Ordinances: C, Adoption of Ordinance approving a Negative ORD 4716 Declaration and amending Title 17 of the ABS SMITH Municipal Code by changing the zone district from C -O (Professional and Administrative Office) to C -2 /PCD (Regional Commercial /Planned Commercial Development) on approximately 10.26 acres, located at 12714 Allen Road, northeast corner of Allen Road and Stockdale Highway. (ZC # 12 -0244, McIntosh & Associates, representing Amber Investments, LLC, property owner), (FR 11/14/12) 15C7 Bakersfield, California, December 11, 2012 - Page 8 7. CONSENT CALENDAR continued ACTION TAKEN Resolutions: d. Resolution adopting the Investment Policy of RES 134 -12 the City. e. Resolution confirming approval by the City RES 135 -12 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 waste matter and authorizing collection of the assessments by the Kern County Tax Collector, Resolution approving an application to the Kern RES 136 -12 County Local Agency Formation Commission to annex uninhabited territory into the City identified as Annexation No. 636 consisting of four developed parcels, located along the north side of Taft Highway, west of Stine Road. g. Resolution making findings and determination RES 137 -12 regarding commitment of unexpended Metropolitan Bakersfield Transportation Impact Fees. h. Emergency Resolution for replacement of Boiler at Rabobank Arena Theater and Convention Center Resolution dispensing with normal RES 138 -12 bidding procedures due to need for emergency replacement of boiler serving large commercial dishwasher, not to exceed $54,000. 2. Appropriate $54,000 Facility Reserve Funds to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund. 1508 Bakersfield, California, December 11, 2012 - Page 9 7. CONSENT CALENDAR continued ACTION TAKEN Homeland Security Grants on behalf of the Kern Operational Area: Resolution determining that the City RES 139 -12 Manager, or his designee, is appointed as authorized agent to execute any actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub - granted through the State of California to the County of Kern and through the County of Kern to the City. 2. Memorandum of Understanding with the AGR 12 -158 County of Kern - Homeland Security Grant funding Agreement for acquisition of specialized equipment. 3. Appropriate $125,000 FY2012 Homeland Security Grant Funds to the Capital Outlay Fund Capital Improvement Budget. j. Consolidated Annual Maintenance of IBM Servers and Storage Area Network: Resolution determining that RES 140 -12 Consolidated IBM maintenance cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $49,156. 2. Agreement with Computer AGR 12 -159 Configuration Services (not to exceed $49,156) to Consolidate IBM maintenance. Agreements: k. Agreement with Kern High School District (not to AGR 12 -160 exceed $75,000 paid to the City) for use of aquatic facilities for practice and swim meets. 15C9 Bakersfield, California, December 11, 2012 - Page 10 7. CONSENT CALENDAR continued ACTION TAKEN Emergency Solutions Grant (ESG) Rapid Re- Housing Program Services: 1. Agreement with Bethany AGR 12 -161 Services /Bakersfield Homeless Center, a California Non - Profit Public Benefit Corporation ($158,345) to provide services. 2. Appropriate $72,942 ESG funds to Community Development Operating budget within the Community Development Block Grant (CDBG) Fund. M. Reimbursement Agreement with Southern California Gas Company ($55,000) for the AGR installation of a 12 -inch casing for a gas ABS JOHNSON ON distribution line within the Renfro Road Bridge as part of the Westside Parkway Phase 6C Project. (TRIP) n. Agreement with Southern California Gas AGR 12 -163 Company (SCG) authorizing SCG to install ABS JOHNSON data collection units on street light poles for the Advanced Meter Program. o. Agreement with K Hovnanian at Bakersfield 463 AGR 12 -164 LLC, ($110,000) to purchase real property located near southwest corner of State Route 178 and Bedford Green Drive for the Morning Drive Interchange Project. (TRIP) P. Amendment No. 3 to Agreement No, 09 -162 AGR 09- 162(3) with Bakersfield Homeless Center ($169,744 and extend term for one year) for sorting of green waste material at the Mt. Vernon Green Waste Facility. q. Amendment No. 1 to Agreement No. 11 -162 AGR 11- 162(1) with Polydyne, Inc. ($120,000; revised not to exceed $581,904 and extend term for four months), for dewatering polymer at Wastewater Treatment Plant No. 3. Amendment No. 2 to Agreement No. 10 -176 AGR 10- 176(2) with Polydyne, Inc. (extends term one year), for the supply of DAF polymers. Bakersfield, California, December 11, 2012 — Page 11 7. CONSENT CALENDAR continued S. Contract Change Order No. 8 to Agreement No. 12 -069 with S. C. Anderson Inc. ($11,539; revised not to exceed $3,612,908.66), for the State Farm Sports Village Phase 2 Project. t. Westside Parkway Phase 2 Project; (TRIP) 1. Contract Change Order No. 64 to Agreement No. 09 -076 with Security Paving Company, Inc. ($777,999.70; revised not to exceed $89,225,456.05; change order funded with traffic impact fees), for the construction of the Project. 2. Appropriate $700,000 Transportation Development Fund Balance to the Public Works Capital Improvement budget within the TDF TRIP local match fund. lare-13 U. Reject all bids for a Microwave Radio System. V. Accept bid with H. W. Hunter, Inc. ($47,674.40), for two replacement two wheel drive crew cab pickup trucks for the Fire Department. W. Accept bid with Jim Burke Ford ($222,335.78) for twelve replacement two wheel drive pickup trucks for the Recreation and Parks Department and Public Works, Wastewater and Engineering Divisions. X. Accept bid with Hussey Seating Company ($239,461.63) for 2,300 chairs and 46 storage racks for the Rabobank Arena, Theater and Convention Center. ACTION TAKEN AGR 12 -069 CCO8 ABS SMITH AGR 09 -076 CCO64 1570 1571 Bakersfield, California, December 11, 2012 - Page 12 7. CONSENT CALENDAR continued ACTION TAKEN Y. Westside Parkway Phase 6C Project: (TRIP) Accept lower bid and award contract to AGR 12 -165 the responsible low bidder (apparent low bidder currently Security Paving, $29,982,222.42) for construction of the Project. 2. Appropriate $4,400,000 Fund balance within the Transportation Development TRIP Local Match Fund and $379,025 Fund balance within the Capital Outlay Utility Surcharge Roads Fund for the Westside Parkway Phase 6C Project. Miscellaneous: Z. Appropriate $100,000 Transportation ABS JOHNSON Development fund balance to the Public Works Department's Capital Improvement budget for preliminary design engineering services for the Mohawk Street Improvements Project from Rosedale Highway to Siena Lane. aa. Fiscal Year 2011 -2012 Annual Compliance Report for park impact fees prepared in accordance with Government Code §66006. bb. Fiscal Year 2011 -2012 Annual Compliance Report for planned drainage area fees prepared in accordance with Government Code §66006. CC. Fiscal Year 2011 -2012 Annual Compliance Report for planned sewer area fees prepared in accordance with Government Code §66006. dd. Fiscal Year 2011 -2012 Annual Compliance Report for bridge crossings and major thoroughfare fees prepared in accordance with Government Code §66006. ee. Fiscal Year 2011 -2012 Annual Compliance Report for transportation impact fees prepared in accordance with Government Code §66006. ff. Request to reclassify Service Maintenance Worker Position to Canal Tender II Position in Water Resources Department. 1572 Bakersfield, California, December 11, 2012 — Page 13 7. CONSENT CALENDAR continued ACTION TAKEN gg. Transfer $15,000 from the Capital Outlay Fund and $155,000 from the Equipment Management Fund to the Police Department General Fund Operating budget, to cover the cost of the Animal Control Shelter Agreement with Kern County Animal Services. Successor Agency Business: hh. Receive and file successor agency payments from November 14, 2012 to November 29, 2012 in the amount of $62,835.61. Councilmember Johnson announced he would abstain due to appearance of a conflict of interest, on items 7.m., 7.n., and 7.z. Councilmember Smith announced he would abstain due to conflict of interest, gifts to himself, on items 7.c. and 7.s. Motion by Councilmember Hanson to adopt Consent APPROVED Calendar items 7.a. through 7.hh. 8. CONSENT CALENDAR PUBLIC HEARINGS None. 9. HEARINGS a. Public hearing to consider the Resolution to use RES 141 -12 a portion of City property as a Public Street Right -of -Way for Hosking Avenue at the northeast corner of Hosking Avenue and Stine Road. Public Works Director Rojas made staff comments and recommended adoption of the Resolution. Hearing opened at 7:13 p.m. No one spoke in opposition to the staff recommendation. Marvin Dean spoke in support of the staff recommendation. Hearing closed at 7:14 p.m. Motion by Councilmember Johnson to adopt APPROVED the Resolution. 1573 Bakersfield, California, December 11, 2012 - Page 14 10. REPORTS ACTION TAKEN None. 11. DEFERRED BUSINESS None. 12. NEW BUSINESS a, Election of Vice - Mayor. Motion by Councilmember Hanson to elect APPROVED Councilmember Weir as Vice -Mayor for 2013 -2014. 13. COUNCIL AND MAYOR STATEMENTS Councilmember Hanson recognized Tim Lynch, Deputy Chief with the Bakersfield Fire Department, and wished him well upon his retirement; wished Councilmember Sullivan Happy Birthday, which is tomorrow; and wished everyone Happy Hanukah, Merry Christmas and Happy New Year, Councilmember Smith thanked the City Council for welcoming him to the Council; and announced that the Bicycle Transportation Plan has a community meeting tomorrow night at the Convention Center from 6:00 to 8:00 p.m., and invited the community to attend. Vice -Mayor Weir congratulated newly - elected Councilmembers Maxwell and Smith tonight; and thanked all the Councilmembers for voting for him as Vice - Mayor. Vice -Mayor Weir asked staff to provide the Council with a narrative on the committees, their purpose, their history and responsibilities, and to include some comments on the efficiency and the effectiveness of the utilization of staff time and other resources. Vice -Mayor Weir wished everybody a Merry Christmas and a Happy New Year. 1574 Bakersfield, California, December 11, 2012 - Page 15 13. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Sullivan congratulated Assistant Public Works Director Underwood and thanked him for 26 years of service to the City, acknowledged that tomorrow is her birthday and she had planned on jumping out of an airplane, but was advised it is unsafe at this time; expressed her concerns about the ongoing litter problem; thanked her family for their support through the years, welcomed the new Councilmembers, thanked staff and Mayor Hall; and wished everyone a wonderful Holiday season. Councilmember Maxwell asked that the Bakersfield College football team be recognized at a City Council meeting for their special accomplishment over the weekend, and bring in staff from the College and congratulate them. Councilmember Maxwell asked staff to look into the expense of putting large numbers on the vehicles that the City workers use. Councilmember Johnson congratulated the Councilmembers who were re- elected and welcomed Councilmembers Smith and Maxwell; and congratulated Public Works Director Underwood and Deputy Chief Lynch upon their retirement and wished them well, Mayor Hall wished Deputy Chief Lynch well in his retirement. Mayor Hall announced he is excited about the prospect of the City being able to have grant funding from CalTrans to assist with the development of further volunteer services as well as the creation of further safe spots along highways 178 and 58, and he invited Councilmember Sullivan to attend a scoping meeting in January to hear what is taking place with CalTrans and the City's Solid Waste staff, and how we are working together to bring new partners into the litter pickup program. 1575 Bakersfield, California, December 11, 2012 - Page 16 13. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Mayor Hall stated he looked forward to the opportunity of being able to serve with the two newly elected Councilmembers and with Councilmember Weir as Vice - Mayor. Mayor Hall wished everybody a happy holiday season and wished Park Landscape Designer Don Hoggatt well in his retirement. 14. CLOSED SESSION None. 15. CLOSED SESSION ACTION None. 16. ADJOURNMENT Mayor Hall adjourned the meeting at 7:35 p.m. MAYOR of the City of Ba ATTEST; 4�_k CITY CLERK and Ex O Clerk of the Council of the Ci y of Bakersfield