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Home My WebLink About01/09/13 CC MINUTES1576 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 9, 2013 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings - 3:30 p.m. and at 5:15 p.m. REGULAR MEETING - 3:30 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Weir, Councilmembers Maxwell, Smith, Hanson, Sullivan, Johnson (seated at 3:34 p.m. Absent: None. 2. PUBLIC STATEMENTS None, 3. CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Mohamad Harb, et al. v. City, et al, KCSC Case No. S- 1500 -CV- 265887 SPC. C. 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 APPROVED Closed Session at 3.34 p.m. Motion by Councilmember Hanson, at 5:10 p.m., to APPROVED continue the meeting until after the conclusion of the 5:15 p.m. Regular Meeting. 1577 Bakersfield, California, January 9, 2013 - Page 2 The meeting was reconvened at 7:45 p.m. ACTION TAKEN 4. CLOSED SESSION ACTION a. Conference with Labor Negotiator pursuant to STAFF WAS GIVEN Government Code Section 54957.6. DIRECTION b. Conference with Legal Counsel - Existing NO REPORTABLE Litigation; Closed Session pursuant to subdivision ACTION (a) of Government Code Section 54956.9 regarding Mohamad Harb, et al. v. City, et al, KCSC Case No. S- 1500 -CV- 265887 SPC. C. Conference with Legal Counsel - Potential NO REPORTABLE CATIONSON BOTH Litigation; Closed Session pursuant to subdivision n (b) (3) (A) of Government Code Section 54956.9. (two matters). 5. ADJOURNMENT Councilmember Sullivan announced that it is Vice -Mayor Weir's birthday and wished him Happy Birthday. Vice -Mayor Weir adjourned the meeting at 8:38 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield REGULAR MEETING - 5:15 P.M. ROLL CALL Present: Mayor Hall, Vice -Mayor Weir, Councilmembers Maxwell, Smith, Hanson, Sullivan, Johnson Absent: None. Bakersfield, California, January 9, 2013 - Page 3 2. INVOCATION by Minister Sean Battle, St. John Missionary Baptist Church. 3. PLEDGE OF ALLEGIANCE by Lauren Burton, 1 It grade student at Independence Elementary School. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Certificate of Appreciation to Sheryl Graab recognizing her contributions to the community as a member of Keep Bakersfield Beautiful. Ms. Graab accepted the Certificate and made comments. Councilmember Johnson thanked Ms. Graab for her service on Keep Bakersfield Beautiful. b. Presentation of the Distinguished Budget Presentation Award from the Government Finance Officers Association for the City's annual budget for the Fiscal Year beginning July 1, 2012. Administrative Analyst Huot accepted the Award and made comments. 5. PUBLIC STATEMENTS a. John Tamborrino spoke regarding prevailing wage. b. Cindy Parra, coordinator of the Bicycle and Pedestrian Safety Coalition, spoke regarding Consent Calendar Item 8.c., and thanked the City Council for adding AASHTO's Guide for Planning and Design of Pedestrian Facilities and AASHTO's Guide for Development of Bicycle Facilities to the Development Improvement Standards, which will enhance safety standards for both bicyclists and pedestrians. C. Terri Palmquist spoke in support of a Human Life Ordinance, and provided tickets and invited the City Council to a banquet on January 22nd, which marks the 40th anniversary of legalized abortion. d. Tim Palmquist spoke in support of a Human Life Ordinance and submitted written material. ACTION TAKEN 1578 1579 Bakersfield, California, January 9, 2013 - Page 4 5. PUBLIC STATEMENTS continued e. Nora Weber spoke regarding social issues, submitted written material and asked that the matter be referred to a committee for immediate action, Stephanie Campbell spoke regarding two matters: She invited the City Council and the public to attend the Martin Luther King Breakfast on January 21St; and she asked to meet with whomever is responsible for Ward 1 regarding a personnel matter with SMG at Rabobank Arena involving her son Vice -Mayor Weir asked Ms. Campbell to contact his office to set up an appointment, and he would be happy to meet with her. 6. WORKSHOPS None. 7. APPOINTMENTS a. Two appointments to the Keep Bakersfield Beautiful Committee, due to the expiration of terms of Regular Member Stephen Montgomery (Ward 2), and Alternate Member Amber Beeson (Ward 2), whose term expired November, 2012. Applications were received from the following: REGULAR MEMBER Stephen Montgomery Norma Jackson Jared Schwab Bruce Blythe Karen DeWalt Donna Webb ALTERNATE Amber Beeson Jared Schwab Norma Jackson Bruce Blythe Karen DeWalt Donna Webb ACTION TAKEN 1560 Bakersfield, California, January 9, 2013 — Page 5 7. APPOINTMENTS continued ACTION TAKEN Item Ta. continued Motion by Councilmember Maxwell to appoint APPROVED Karen DeWalt, as the Regular Member, and Norma Jackson, as the Alternate, representing Ward 2, to a 4 -year term on the Keep Bakersfield Beautiful Committee. b. Appointments to City Council Committees and other special Committees and Boards by Vice Mayor for 2013 -2014, Vice -Mayor Weir provided a list to the City APPROVED Council of his recommended appointments and made a motion to approve those appointments (listed below). BUDGET AND FINANCE Ward 1 - Chair Maxwell Weir COMMUNITY SERVICES Sullivan - Chair Smith Ward 1 PLANNING AND DEVELOPMENT Smith - Chair Weir Hanson LEGISLATIVE AND LITIGATION Maxwell - Chair Sullivan Johnson PERSONNEL Weir - Chair Maxwell Hanson SAFE NEIGHBORHOODS Johnson - Chair Sullivan Ward 1 WATER RESOURCES Hanson - Chair Smith Johnson 1581 Bakersfield, California, January 9, 2013 - Page 6 7. APPOINTMENTS continued Item 7.1b, continued SOLID WASTE MANAGEMENT ADVISORY COMMITTEE Weir - Appointee Maxwell - Alternate LAFCO Hanson - Appointee Smith - Alternate KERN COUNCIL OF GOVERNMENTS Hanson - Appointee Smith - Alternate PLANNING COMMISSION LIAISON Smith - Appointee MBACC ( ANIMAL CONTROL) Weir - Appointee Hanson - Appointee Maxwell - Alternate 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the December 11, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from November 30, 2012 to December 26, 2012 in the amount of $26,546,841.24 and self - insurance payments from November 30, 2012 to December 26, 2012 in the amount of $721,135.69 totaling $27,267,976.93. Ordinances: ACTION TAKEN C. First Reading of Ordinance amending Section FR 13.12.030 relating to Development Improvement Standards and Specifications (regarding bicycle and pedestrian facilities). 8. Bakersfield, California, January 9, 2013 - Page 7 CONSENT CALENDAR continued ACTION TAKEN Resolutions: d. Resolution confirming approval by the City RES 001 -13 Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have when 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. RES 002 -13 e. Resolution approving the Application for Grant Funds for the Environmental Enhancement and Mitigation Program under Section 164.56 of the Streets and Highways Code and authorizing the Public Works Director or Designee to execute all necessary documents for the following projects: 1. Landscape existing medians - Chester Avenue from West Columbus Street to 1300 feet North of West Columbus Street. 2. Landscape existing medians - Truxtun Avenue from Truxtun Plaza West to Mohawk Street. Resolution adding territory, Area 5 -65 (700 Planz RES 003 -13 Road) 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. g. Resolutions of Intention adding the following territories to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: 1. ROI # 1732 to add Area 1 -92 (4621 Burr ROI 1732 Street) 2. ROI # 1733 to add Area 4 -109 (2830 Eye R01 1733 Street) 3. ROI # 1734 to add Area 4 -110 (1228 K R01 1734 Street) 4. ROI # 1735 to add Area 5 -66 (1400 So. ROI 1735 Mt. Vernon Avenue) 5. ROI # 1736 to add Area 5 -67 (1800 White R01 1736 Lane) 1582 1543 8. Bakersfield, California, January 9, 2013 - Page 8 CONSENT CALENDAR continued Item 8.g. continued 6. ROI # 1737 to add Area 4 -111 (230 Golden State Avenue) Agreements: In. Final Map and Improvement Agreement with Castle and Cooke California, Inc., for Tract 6250 Phase 16 located north of Stockdale Highway and west of Jewetta Avenue. Amendment No. 2 to Ground Lease Agreement No. 07 -063 with Robert Moore assigning Hangar Space B6 at the Municipal Airport to Jack B. Rogers. Amendment No. 1 to Agreement No. 12 -095 with Mark Thomas and Company, Inc. (no change in compensation), for engineering design services for the Rosedale Highway Widening Project. (TRIP) k. Amendment No. 1 to Agreement No. 12 -052 (PW12 -004 - No, 2) with Advanced Combustion and Process Controls, Inc. ($1,974.10; revised not to exceed $66,986.25), for repair of cogeneration system at Wastewater Treatment Plant No. 3. Bids: Reject bids for three replacement mechanical rear broom street sweepers for use by the Public Works Department, Streets Division. M. Accept bid with Bear Cat Manufacturing ($83,291) for two replacement crack sealing machines for use by the Public Works Department, Streets Division. n. Accept bid with Computer Configuration Services ($148,225.30) for iSeries Sungard server replacements for replacements for the information Technology Division. o. Accept bid and approve contract with Pacific Coast Excavation, Inc. ($60,981), for demolition of sewer lift station at Northwest corner of Gosford & McCutchen Roads. ACTION TAKEN ROI 1737 AGR 13 -001 AGR 07- 063(2) AGR 12- 095(1) AGR 12- 052(1) AGR 13 -002 1584 Bakersfield, California, January 9, 2013 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN P. Accept bid and approve contract with AGR 13 -003 Bowman Asphalt, Inc. ($146,146), to construct South Mill Creek Park and Parking Project. q. Accept bid from Jim Burke Ford ($57,159.53) for one additional service truck for use by the Public Works Department, Wastewater Division. Appropriate and transfer $9,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Operating budget within the Equipment Management Fund for the purchase of one additional service truck. Parkway Improvements for Stockdale Highway REMOVED FOR from North McDonald Way to North Stine Road: SEPARATE CONSIDERATION 1. Accept bid and approve contract with Clean Cut Landscape ($238,733) for construction of project, 2. Appropriate $40,000 Gas Tax Fund balance to the Public Works Department's Capital Improvement budget. Miscellaneous: S. Appropriate $52,257 from First Five Kern grant revenues to the Recreation and Parks Operating Budget within the General Fund to provide a water safety education program (Make -A- Splash). t. Audit Reports for Fiscal Year ended June 30, 2012 (refer to Budget & Finance Committee): 1. Comprehensive Annual Financial Report (CAFR). 2. Agreed Upon Conditions Report. 3. Single Audit Report - Schedule of Federal Expenditures for the City. 158.5 Bakersfield, California, January 9, 2013 - Page 10 8. CONSENT CALENDAR continued ACTION TAKEN Item 8,t, continued 4. Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan. 5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) for the City. 6. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre. U. Revised job specifications for Building Maintainer II and Wastewater Manager. V. Review and accept Fiscal Year 2011 -2012 Annual Compliance Report for park impact fees prepared in accordance with California Government Code §66006. W. Review and accept Fiscal Year 2011 -2012 Annual Compliance Report for bridge crossing and major thoroughfare fees prepared in accordance with California Government Code §66006. X. Review and accept Fiscal Year 2011 -2012 Annual Compliance Report for planned drainage area fees prepared in accordance with California Government Code §66006. Y. Review and accept Fiscal Year 2011 -2012 Annual Compliance Report for planned sewer area fees prepared in accordance with California Government Code §66006. Z. Review and accept Fiscal Year 2011 -2012 Annual Compliance Report for transportation impact fees prepared in accordance with California Government Code §66006. Successor Agency Business: aa. Receive and file successor agency payments from November 30, 2012 to December 26, 2012 in the amount of $1,753,458.69. Bakersfield, California, January 9, 2013 - Page 11 8. CONSENT CALENDAR continued Councilmember Smith requested that item 8.r. be removed for separate consideration. Motion by Vice -Mayor Weir to adopt Consent Calendar items 8.a. through 8.aa., with the removal of item 8.r. for separate consideration. Parkway Improvements for Stockdale Highway from North McDonald Way to North Stine Road: Accept bid and approve contract with Clean Cut Landscape ($238,733) for construction of project. 2. Appropriate $40,000 Gas Tax Fund balance to the Public Works Department's Capital Improvement budget. Motion by Councilmember Smith to adopt Consent Calendar item 8.r., with the stipulation to require a change order that would take out the portion of the landscaping which would ultimately have to be removed for the Centennial Corridor Project. 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public hearing to consider Resolution authorizing the Housing Authority of Kern County to issue rental housing bonds (not to exceed $15 million) for the purchase and rehabilitation of approximately 160 units of multi - family rental housing at 7000 Auburn Street. (Staff recommends hearing be opened and closed, and that the Resolution not be adopted at this time.) b. Public hearing to consider Resolution making findings and updating the Capital Improvement Plan for the existing Metropolitan Bakersfield Habitat Conservation Plan. (Staff recommends adoption of Resolution.) ACTION TAKEN APPROVED AGR 13 -004 APPROVED ABS JOHNSON RES 004 -13 1586 15C. 7 Bakersfield, California, January 9, 2013 - Page 12 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN C. County of Kern General Plan Amendment Nos. b & 7 - Kern River Plan Element Referral; Gene Surgener, property owner has applied to Kern County for a General Plan Amendment to the Kern River Plan Element on 8.59 acres located at the northeast corner of east Roberts Lane and Angus Lane. (Staff recommends adoption of Resolution.) Resolution recommending that the RES 005 -13 Board of Supervisors approve an amendment to the Kern River Plan Element of the Metropolitan Bakersfield General Plan, changing the land use designation on an 8.59 acre site from Map Codes 8.4 (Mineral Petroleum - Minimum 5 acre parcel size), 8.5 (Resource Management- Minimum 20 -acre parcel size), and 8.5/2.5 (Resource Management- Minimum 20 -acre parcel size /Flood Hazard) to 7.1 (Light Industrial on 7.88 acres and to 7.1/2.5 (Light Industrial /Flood Hazard) on 30,735 square feet. City Clerk Gafford announced that staff has submitted a memorandum changing the recommendation on Consent Calendar Public Hearings Item 9.a. to be opened and closed, and that the Resolution not be adopted at this time. Consent Calendar Public Hearings opened at 5:54 p.m. Marvin Dean spoke regarding Consent Calendar Public Hearings item 9.a., submitted written material, and asked for a written response to his questions therein. Consent Calendar Public Hearings closed at 5:57 p.m. Councilmember Johnson announced he would recuse himself from Consent Calendar Public Hearings item 9.a. due to conflict of interest, source of income to himself, and he left the room. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar Public Hearings items 9a. through 9.c. i i Bakersfield, California, January 9, 2013 - Page 13 10. HEARINGS ACTION TAKEN None. Councilmember Johnson returned to the meeting. 11. NEW BUSINESS a. Options regarding Ward 1 City Council Vacancy, term expires November 2014. 1. Resolution calling and giving notice of RES 006 -13 holding a Special Municipal Election for the purpose of filling a vacancy on the Council for the unexpired term in Ward 1 and requesting the Board of Supervisors of the County of Kern to order consolidation of said election with any other election held within the County of Kern on Tuesday, June 4, 2013, City Clerk Gafford announced that a staff memorandum has been submitted which provides the City Clerk's Certificate of Insufficiency to the Petitions; corrects a typographical error within Exhibit B, provides a suggested timeline; and includes correspondence from Marvin Dean. Additional correspondence was received from Karen Rhea to Marvin Dean in response to his letter, City Attorney Gennaro made staff comments. Mayor Hall announced that public statements would be taken on this item at this time. The following individuals spoke in support of having a special election: Walter Williams; Willie Rivera, on behalf of Senator Michael Rubio, and he also advised that the Senator has drafted legislation to change the State Elections Code to extend the same rules and guidelines that are in the voter registration forms, where a person can help a voter fill out a form, and have those same rules apply to filling out petitions; Ryan Nance; Marvin Dean; Bernice Bonillas; Stephanie Campbell; and Bernita Jenkins. Motion by Councilmember Hanson to go forward with APPROVED the election in June for Ward 1 and not appoint anyone on an interim basis. 1589 Bakersfield, California, January 9, 2013 - Page 14 12. REPORTS ACTION TAKEN a. FY 2012/13 Budget Update. Finance Director Smith made staff comments and provided a PowerPoint presentation of the Mid -Year Budget Review for the General Fund revenue and expenditure trends. City Manager Tandy made staff comments and provided a PowerPoint presentation regarding the actions of others which threaten City revenues, Councilmember Johnson asked the Budget and Finance Committee to review the possibility of coming up with a timeframe to set money aside to deal with the unfunded liability of $6.8 Million, and then come back with a recommendation as to how the Council should set up a payback program. b. Thomas Roads Improvement Program (TRIP) Update. Public Works Director Rojas made staff comments and provided a PowerPoint presentation. Councilmember Johnson asked staff to look at the deteriorating road on both sides of the current bridge over Highway 99 at Hosking Road. 13. DEFERRED BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Johnson asked staff to look at rectifying the unsafe crossing conditions at South H and McKee roads in front of the Senior Center near the canal. Councilmember Smith thanked staff for adding the AASHTO standards for bicycling and walking, Councilmember Smith asked that the Community Services Committee look at the issue of developing bicycle parking guide standards to go along with the new bike plan. Bakersfield, California, January 9, 2013 - Page 15 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN 15. Councilmember Smith asked that the Planning and Development Committee look at the issue of a Complete Streets Ordinance, and he provided a copy of a sample ordinance and a workbook from the National Complete Streets Coalition. Councilmember Sullivan advised she is looking forward to working with the new Council; she commended Mayor Hall for participating in the Polar Bear Plunge, commented about his swearing -in ceremony and wished him well in his new term; and wished everybody a Happy New Year. Mayor Hall commended the efforts of the Solid Waste Division in engaging more adopt -a- highway applicants, as well as the ongoing efforts of the Keep Bakersfield Beautiful Committee as it looks at ideas to make productivity better; he announced that the Bakersfield College Renegade Football Team and coaches will be at the next City Council meeting to be honored for their State Championship; and he expressed his appreciation to the Councilmembers and staff who attended his swearing -in ceremony, and looks forward to serving the City of Bakersfield for another term. ADJOURNMENT Mayor Hail ad ATTEST: CITY CLERK and Ex Officio Werkf the Council of the City of Bakersfield 1590 1591 Bakersfield, California, January 9, 2013 — Page 16 * ** *THIS PAGE INTENTIONALLY LEFT RANK * * **