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.
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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.
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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.
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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.
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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.
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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.
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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)
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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