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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 23, 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: Vice -Mayor Weir, Councilmembers
Maxwell, Smith, Hanson, Sullivan,
Johnson
Absent: Mayor Hall
2. PUBLIC STATEMENTS
None,
3. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957,6,
b, 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 Johnson to adjourn from APPROVED
Closed Session at 5:14 p.m.
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 - Potential NO REPORTABLE
Litigation; Closed Session pursuant to ACTION ON BOTH
MATTERS
subdivision (b) (3) (A) of Government Code
Section 54956,9, (two matters)
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Bakersfield, California, January 23, 2013 - Page 2
5. ADJOURNMENT ACTION TAKEN
Vice -Mayor Weir adjourned the
CITY CLERK and Ex Officlo Clerk of
the Council of the City of Bakersfield
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
at 5:20 n.m.
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Maxwell, Smith,
Hanson (seated at 5:24 p.m.), Sullivan,
Johnson
Absent: None,
2. INVOCATION by Pastor Greg Haslow, First Assembly
Church.
3. PLEDGE OF ALLEGIANCE by Andrea Mayorga, 11 m
grade student at Arvin High School,
Mayor Hall acknowledged the students from the Bakersfield
College political science class in attendance at the meeting
to learn about City government,
4. PRESENTATIONS
a, Presentation by Mayor Hall of a Proclamation
and plaque to Coach Jeff Chudy, Athletic
Director Ryan Beck, and Team Captain Mercy
Maston with and members of the football team,
declaring January 23, 2013 as Bakersfield
College Football Team Day.
Coach Chudy accepted the Proclamation and
plaque, and made comments.
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Bakersfield, California, January 23, 2013 - Page 3
4. PRESENTATIONS continued ACTION TAKEN
b. Presentation by Mayor Hall of a Proclamation to
Assistance League President Lorraine Wilson
and President -Elect Pat Davis, declaring
February 16, 2013 as Assistance League of
Bakersfield Day.
Ms. Wilson accepted the Proclamation and
made comments.
5. PUBLIC STATEMENTS
a. David Lyman, Manager of the Convention and
Visitors Bureau, spoke regarding the Convention
and Visitors Bureau Valentine's Day promotions.
b. Cindy Pollard, CEO of the Greater Bakersfield
Chamber of Commerce, spoke regarding the
Chamber's Business Walk 2013 taking place on
January 31 s from 10:00 a.m, to 11:00 a.m., and
submitted written material,
C. Kyle Carter spoke regarding the amount of litter
along the freeway; and Steve Towle spoke
regarding the Issue of littering in Bakersfield and
his effort to hold litterers responsible; and
submitted a photograph.
Councilmember Sullivan thanked the speakers
that spoke regarding the litter problem, and
stated she will be making referrals to staff after
the meeting to reevaluate the City's priority to
combat littering.
d. Robert Hartlen spoke regarding his concerns
with the freeway being built near Westpark.
e. Tom Lingo spoke in support of staff's
recommendation on New Business item 13,a.
f. Nora Weber spoke regarding Measure G that
was adopted by the Kern County Board of
Supervisors, and requested that the City
Council adopt a similar measure.
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Bakersfield, California, January 23, 2013 - Page 4
5. PUBLIC STATEMENTS continued
h. The following individuals spoke in support of a
Human Life Ordinance:
Terri Palmquist (submitted written material
promoting a "40 Days for Life" outreach
campaign and requested a Mayoral
Proclamation); Tim Palmquist; and Mary Dorah.
6. WORKSHOPS
a. Update on Capital Improvement Program
Budget. (staff recommends acceptance of the report.)
Public Works Director Rojas made staff
comments.
Civil Engineer Ramming made staff comments
and provided a PowerPoint presentation.
In response to a question by Vice -Mayor Weir,
Public Works Director Rojas stated that they will
provide an adjusted schedule to him for the
construction of the Siemon Park water play
area.
Vice -Mayor Weir asked staff to try and expedite
the construction of the Siemon Park water play
area so that residents may be able to utilize it
during this summer.
Councilmember Maxwell asked staff to look
into replacing the walking lights and overhead
lights downtown with LED lights.
Councilmember Smith requested that future
presentations include maps of the locations of
the projects.
Councilmember Sullivan requested staff keep
her updated on the progress of construction of
the medians located on Stine and Ashe Road.
7. APPOINTMENTS
a. One appointment to the Planning Commission
due to the resignation of Dr, Dean Haddock
(Ward 3), whose term expires April 30, 2013.
City Clerk Gafford announced that three
applications were received for this
appointment.
ACTION TAKEN
Bakersfield, California, January 23, 2013 - Page 5
7. APPOINTMENTS
Item Ta. continued
Motion by Vice -Mayor Weir to appoint Dustin
Dodgin, to serve as the Planning Commissioner,
representing Ward 3.
b. Three appointments to the Keep Bakersfield
Beautiful Committee, due to the expiration of
terms of Regular Member John Enriquez and
Alternate Member Susan Stussy (Mayor), whose
terms expire January, 2013, and the resignation
of Alternate Member Sheryl Graab (Ward 7),
whose term expires November, 2014.
City Clerk Gafford announced that staff is
extending the recruitment for the Ward 7
Alternate position to March 6, 2013, as
requested by Councilmember Johnson; four
applications were received for the Mayor's
Regular appointment and three applications
were received for his Alternate appointment.
Mayor Hall nominated the reappointment of
John Enriquez as the Regular Member.
Motion by Vice -Mayor Weir to accept the
Mayor's recommendation to re- appoint John
Enriquez as the Regular member on the Keep
Bakersfield Beautiful Committee; term expiring
January, 2017.
Mayor Hall nominated the reappointment of
Susan Stussy as the Alternate Member.
Motion by Vice -Mayor Weir to accept the
Mayor's recommendation to re- appoint Susan
Stussy, as the Ward 7 Alternate member, on the
Keep Bakersfield Beautiful Committee.
C. Appointment of one Regular Member and one
Alternate Member by Vice -Mayor Weir to the
Speclal City Selection Committee of the San
Joaquln Valley Air Pollution Control District,
Motion by Vice -Mayor Weir to appoint
Councilmember Johnson, as the Regular
Member, and Councilmember Maxwell, as the
Alternate, to the Special City Selection
Committee of the San Joaquin Valley Air
Pollution Control District.
ACTION TAKEN
APPROVED
APPROVED
APPROVED
APPROVED
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Bakersfield, California, January 23, 2013 - Page 6
8. CONSENT CALENDAR ACTION TAKEN
Minutes:
a. Approval of minutes of the January 9, 2013
Regular City Council Meetings.
Payments:
b. Receive and file department payments from
December 27, 2012 to January 10, 2013 In the
amount of $19,820,758.48 and self- Insurance
payments from December 27, 2012 to January
10, 2013 In the amount of $244,542.74 totaling
$20,065,301.22.
Ordinances:
C. Adoption of Ordinance amending Section
13.12.030 relating to Development
Improvement Standards and Specifications
(regarding bicycle and pedestrian facilities).
Resolutions:
d. Resolution accepting grant funds ($700,000)
from the Federal Cooperative Endangered
Species Conservation Fund.
Agreements:
e. Agreement with GC Environmental, Inc. (not to
exceed $500,000), for landfill gas system
services for the Bakersfield Sanitary Landfill
Closure Project.
f. Cooperative Agreement with State of California
Department of Transportation (Caltrans) for the
plans, specifications and estimate and right -of-
way phases for the Centennial Corridor Project.
(TRIP)
g. Agreement with William Avery and Associates,
Inc. (not to exceed $49,800, including
expenses), for labor negotiation and consulting
services, for January 1, 2013 through December
31, 2013. (Amended to $24,900, period from
January 1, 2013 through June 30, 2013.)
ORD 4717
RES 007 -13
AGR 13 -005
AGR 13 -006
AGR 13 -007
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Bakersfield, California, January 23, 2013 - Page 7
CONSENT CALENDAR continued ACTION TAKEN
h, Financial planning for the Thomas Roads REMOVED FOR
Improvement Program: SEPARATE
CONSIDERATION
1, Amend departmental contract with
Fleldman, Rolop and Associates from
$32,500 to $125,000 (adding $92,500) for
Financial Advisory Services associated
with application for Federal TIFIA loan
funds and development of a
comprehensive financial plan.
2. Agreement with Kutak Rock LLP
($125,000), for Special Bond Counsel
Services associated with Federal TIFIA
loan application and the City's financing
plan the TRIP projects.
3. Appropriate $217,500 fund balance to
the non - departmental operating budget
within the Capital Outlay Roads (utility
surcharge) Fund for the above services,
Amendment No. 1 to Agreement No, 12 -135 AGR 12- 135(1)
with George F. Martin of Borton Petrini, LLP
($100,000; revised not to exceed $250,000), to
provide outside legal services in matters related
to property tax and contract issues involving
the County of Kern.
Contract Change Order Nos, 13, 30, 38, 48 and AGR 08 -214
50 to Agreement No, 08 -214 with Security CCO 13, CCO 30,
Paving Company, Inc. (- $1,209,270,71; revised CC038, CCO 48,
not to exceed $28,186,047,95), for the CCO 50
construction of the Westside Parkway Phase 1
Project, (TRIP)
Contract Change Order Nos, 46, 66, 70, 74, 76,
81, 89, 90, 92, 93, 94, 96, 99, 100 and 101 to
Agreement No, 09 -076 with Security Paving
Company, Inc. ($1,194,301,25; revised not to
exceed $89,869,349,49; change orders Utility
Surcharge revenues) for the construction of the
Westside Parkway Phase 2 Project, (TRIP)
AGR 09 -076
CCO 46, CCO 66,
CCO 70, CCO 74,
CCO 76, CCO 81,
CCO 89, CCO 90,
CCO 92, CCO 93,
CCO 94, CCO 96,
CCO 99, CCO 100,
CCO 101
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Bakersfield, California, January 23, 2013 - Page 8
8. CONSENT CALENDAR continued
Accept bid from Integrated Network ($105,419)
for one Microwave Radio (System 1) for the
Public Works Department, Communications
Division.
M. Accept bid from Dell ($58,300.51) for a Dell
EqualLogic PS6400E storage area network for
the Information Technology Division.
n. Accept bid from H. W. Hunter, Inc, ($88,011), for
five replacement four door midsize sedans for
the Police Department.
Miscellaneous:
o, Revised job specifications for Canal Tender II,
Park & Landscape Designer, Traffic Operations
Technician and Traffic Painter II,
ACTION TAKEN
P. Grant Deed to State of California for real DEED 7580
property located at the northeast corner of
Fairfax Road and State Route 178 for the Fairfax
Road Interchange Project. (TRIP)
Successor Agency Business:
q. Receive and file successor agency payments
from December 27, 2012 to January 10, 2013 in
the amount of $130,988.10.
City Clerk Gafford announced that staff submitted a
memorandum requesting a decrease in the contract
amount and an amended term for item 8,g.
Councilmember Maxwell requested that item 8.h. be
removed for separate consideration.
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar items 8.a. through 8.q., with the removal of
item 8.h. for separate consideration; and the
amendment to item 8.g.
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Bakersfield, California, January 23, 2013 — Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
h. Financial planning for the Thomas Roads
Improvement Program;
1, Amend departmental contract with
Fieldman, Rolap and Associates from AGR 13 -008
$32,500 to $125,000 (adding $92,500) for
Financial Advisory Services associated
with application for Federal TIFIA loan
funds and development of a
comprehensive financial plan.
2. Agreement with Kutak Rock LLP
($125,000), for Special Bond Counsel AGR 13 -009
Services associated with Federal TIFIA
loan application and the City's financing
plan the TRIP projects,
3. Appropriate $217,500 fund balance to
the non - departmental operating budget
within the Capital Outlay Roads (utility
surcharge) Fund for the above services.
City Manager Tandy responded to questions
asked by Councilmember Maxwell regarding
how TRIP projects are funded and how bonds
are paid.
Motion by Councilmember Maxwell to adopt APPROVED
Consent Calendar item 8.h.
9. CONSENT CALENDAR PUBLIC HEARINGS
None,
10. HEARINGS
None.
11. REPORTS
None,
12. DEFFERED BUSINESS
None.
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Bakersfield, California, January 23, 2013 - Page 10
13. NEW BUSINESS ACTION TAKEN
a. First Reading of Ordinance adopting a FR
Negative Declaration and amending the
Official Zoning Map in Title 17 of the Municipal
Code by changing the zone district from P,C, D.
(Planned Commercial Development) to C -C
(Commercial Center) on 1,47 acres located on
the west side of Baker Street between Lake and
Kentucky Streets (ZC # 12 -0416 - The Kern
County Housing Authority in partnership with the
City,
Correspondence was received from McIntosh and
Associates and a memorandum was submitted by
staff regarding this item,
Councilmember Johnson announced he would
recuse himself from New Business item 13.a. due to a
conflict of interest, source of income to himself, and
he left the room.
Community Development Director Mclsaac made
staff comments, provided a PowerPoint presentation,
and recommended first reading of the ordinance with
the C -C zoning without the P.C.D. overlay,
Executive Director of the Housing Authority of the
County of Kern, Stephen Pelz, made comments and
provided a PowerPoint presentation.
Motion by Councilmember Maxwell to give the APPROVED
first reading to the ordinance and accept staff's ABS JOHNSON
recommendation to change the zoning to C -C without
the P.C.D. overlay.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Johnson returned to the meeting at
7;12 p,m,
Councilmember Johnson asked staff to look into
changing the procedures for handling phone calls to
the Bakersfield Police Department; and make it more
customer friendly by taking a report over the phone
and then referring them to the website.
Councilmember Johnson announced that he is
meeting with a group of volunteers on Saturday to
clean up South "H" Street, Hosking Road, and
Berkshire Road.
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Bakersfield, California, January 23, 2013 - Page 11
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
In response to a question by Councilmember Hanson,
for the record, Public Works Director Rojas explained
the reason the contract change orders listed on item
Consent Calendar item 8.k. totaled $13 million.
Councilmember Sullivan asked that the Community
Services Committee explore new ways to combat
litter in the City and along the freeways, including
sprinkler repair and enforcing the litter laws.
Councilmember Sullivan asked Mayor Hall to write a
letter to Assemblyman Salas requesting financial
support for the Ward 1 special election.
Councilmember Smith expressed his concern
regarding the half million dollar contract change order
for the lift station on Jewetta Avenue.
Councilmember Smith would like the Community
Services Committee to look into developing a fee
structure to charge businesses that produce litter, as
other California cities have.
Mayor Hall advised that he has been lobbying
Caltrans to convince them to approve additional
locations in Bakersfield so more volunteers can
work on collecting litter in other areas of town. He feels
that he is making progress and is hopeful that Caltrans
will come to an agreement soon.
Mayor Hall asked that the City Attorney assist him in
drafting a letter to send Assemblyman Salas,
requesting he give consideration for providing the
necessary funding to offset the cost of the Ward 1
special election.
15. ADJOURNMENT
Mayor Hall adjoi
ATTEST:
t¢
CITY CLERK and Ex Off Clerk of
the Council of the City of Bakersfield
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Bakersfield, California, January 23, 2013 — Page 12
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