HomeMy WebLinkAbout03/06/13 CC MINUTES1624
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 6, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings - 3:30 p,m, and 5:15 p.m,
REGULAR MEETING - 3:30 p,m, ACTION TAKEN
1. ROLL CALL
Present: Vice -Mayor Weir, Counclimembers
Maxwell, Smith, Hanson, Sullivan, Johnson
Absent: Mayor Hall
2. PUBLIC STATEMENTS
None,
3. CLOSED SESSION
a, Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956,9 (d)(1)
regarding Caitlyn Lomond, et al, v. City, et al,
KCSC Case No. S- 1500 -CV- 275123 SPC,
b. Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957(b)(1)/54957.6.
Motion by Councilmember Hanson to adjourn to APPROVED
Closed Session at 3:34 p.m.
Motion by Councilmember Maxwell to adjourn from APPROVED
Closed Session at 5:15 p.m.
4. CLOSED SESSION ACTION
a, Conference with Legal Counsel - Existing NO REPORTABLE
Litigation; Closed Session pursuant to subdivision ACTION
(a) of Government Code Section 54956.9 (d)(1)
regarding Caitlyn Lomond, et al. v. City, et al,
KCSC Case No. S- 1500 -CV- 275123 SPC.
b. Public Employee Performance Evaluation - City EVALUATION WAS
Manager; Closed Session pursuant to FAVORABLE
Government Code Section 54957(b)(1)/54957.6.
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Bakersfield, California, March 6, 2013 - Page 2
4. CLOSED SESSION ACTION continued ACTION TAKEN
Item 4,b, continued
Vice -Mayor Weir announced it was a good evaluation
and requested that the City Attorney amend the
contract to make the automobile language consistent
with that of Management and Department Heads.
5. ADJOURNMENT
Vice -Mayor Weir adjourned the meeting at 5:17 p.m.
ATTEST;
CITY CLERK and Ex Offi Jerk of
the Council of the City of Bakersfleld
REGULAR MEETING - 5;18 p.m.
1. ROLL CALL
Present; Mayor Hall, Vice -Mayor Weir,
Councilmembers Maxwell, Smith,
Hanson, Sullivan, Johnson
Absent; None,
2. INVOCATION by Pastor, Dr, V.K. Jones of The People's
Missionary Baptist Church,
3. PLEDGE OF ALLEGIANCE by William Connolly, 3rd grade
student at Christa McAuliffe Elementary School,
Mayor Hall acknowledged the students from the Bakersfield
College political science class and the Ridgevlew High
School government class in attendance at the meeting to
learn about City government,
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Bakersfield, California, March 6, 2013 - Page 3
4. PRESENTATIONS ACTION TAKEN
a. Presentation by Mayor Hall of a retirement
plaque and gift certificate to Aaron Moore.
Mr, Moore accepted the plaque and gift
certificate, and made comments.
5. PUBLIC STATEMENTS
a. Jeff Hayward, Director of Catering at the
Bakersfield Marriott and the 2013 Chair of the
Downtown Business Association, provided an
update on the activities of the Downtown
Business Association; invited the Council to
attend the next DBA Steering Committee
Meeting at 9;00 a.m. on Wednesday, March
13th, at the University of LaVerne, and submitted
written material.
b. Louis Medina, with United Way of Kern County,
and Homelessness Project Manager for the Kern
County Homeless Collaborative, provided an
update on the Homeless Census and the
Homeless Collaborative; and submitted written
material.
C. Jim Wheeler, newly - elected Chair of the Kern
County Homeless Collaborative, spoke
regarding progress being made with the
homeless encampments in the 011dale and river
areas, as well as the homeless In downtown.
d, Ray Scott, Keep Bakersfield Beautiful Board
Member, provided an update on the Great
American Cleanup and Green Expo; and
submitted written material,
e, Robert Braley spoke regarding the Centennial
Corridor Project and asked the City Council to
put local jobs, local roads, and the people of
Bakersfield first and not the freeway.
f, Nora Weber spoke regarding a marijuana
dispensary at 18th and V streets, and requested
a traffic signal be placed at that intersection,
as well as a no U -turn sign; and pointed out that
a school bus stops and drops children off at the
corner of the alley between 18th and 17th
streets, and she is concerned about their safety
due to the traffic volume and speeding from Q
Street to Union Avenue.
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Bakersfield, California, March 6, 2013 - Page 4
5. PUBLIC STATEMENTS continued ACTION TAKEN
Counciimember Maxwell asked the City
Attorney to see N there is something that we
can do to let the people at that dispensary
know that we would like them to comply with
the laws and to operate a business that we can
be proud of.
Councilmember Maxwell stated, regarding
Mr. Braley's comments about the Centennial
Corridor Project, that he has represented his
constituents to the City Council, to Air Alert,
and to the City, and encouraged the people of
the Westpark neighborhood who want to fight
this project to stand together, and they may
prevail.
g. Tim Palmquist spoke regarding a sign at the
Planned Parenthood facility on 161h Street that
has been placed in a public right of way In an
area that is several feet from the right of way
line, and asked the City Council to consider
whether they can do something about seeing
that these signs are moved out of the public
right of way and to notify Planned Parenthood
that it is unlawful for them to intimidate people
who are exercising their First Amendment rights,
and he again asked the City Council to
consider adopting a Human Life Ordinance,
h. Marvin Dean spoke regarding Consent
Calendar items 8.e„ f„ g., J., I„ m„ n„ q., and o.;
and submitted written material,
Brandy Midkiff, Systems Change Advocate with
the Independent Living Center of Kern County,
spoke regarding ensuring that people with
disabilities are able to safely access all bus
stops within the City limits of Bakersfield, and
asked that steps be taken to continue the
process of painting approximately 300
remaining bus stop curbs to allow for no parking
zones,
Councilmember Johnson asked staff to report
back with an update on where we're at on this,
whether it is still in committee, and N need be,
based upon that report, then he follow up with
City staff afterwards.
Bakersfield, California, March 6, 2013 - Page 5
5. PUBLIC STATEMENTS continued
). Cadet Senior Airman Wardiow and Monty
Morgan spoke in support of Ms. Midkiff's
comments regarding bus stops.
k. William Chipp asked for a Good Samaritan
declaration in order for our City leaders to
recognize the special people in Bakersfield,
Shirley Park, from the Head Start Center,
thanked Mayor Hall and Councllmember
Johnson for reading to the children at the
Center during the "Read Across America"
Campaign; and she presented them with
posters and cards made by the children.
M. Phil Ganong spoke regarding qualified patient
associations, advised he would like to start a
liaison with the City Attorney and the City
Council to try to propose an ordinance that
balances the community concerns about
marijuana dispensaries, and would encourage
an Invitation to participate on any committee
that might engage in ordinance drafting.
6. WORKSHOPS
None,
7. APPOINTMENTS
a. One appointment to the Keep Bakersfield
Beautiful Committee, due to the resignation of
Alternate Member Sheryl Graab (Ward 7),
whose term expires November, 2014.
City Clerk Gafford announced that three
applications were received for this position,
Motion by Councilmember Johnson to appoint
Christian Parlier as the Ward 7 Alternate
member, on the Keep Bakersfield Beautiful
Committee, which term will expire in
November, 2014.
ACTION TAKEN
APPROVED
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Bakersfield, California, March 6, 2013 - Page 6
8. CONSENT CALENDAR ACTION TAKEN
Minutes:
a. Approval of minutes of the February 13, 2013
Regular City Council Meetings.
Payments:
b. Receive and file department payments from
February 1, 2013 to February 20, 2013 in the
amount of $9,010,549.65 and self- insurance
payments from February 1, 2013 to February 20,
2013 in the amount of $187,581.99 totaling
$9,198,131.64.
Ordinances:
C. Adoption Ordinance adopting a Negative ORD 4719
Declaration and amending the Official Zoning
Map in Title 17 of the Municipal Code by
changing the zone district from R -1 (One Family
Dwelling) to C -2 /PCD (Regional
Commercial /Planned Commercial
Development) on 14.14 acres located along
the south side of Taff Highway, approximately 1/a
mile west of Stine Road (ZC # 12 -0355,
Marino /Associates, representing Kerfoot Family
Trust, the property owners). (FR 02113113)
Resolutions:
d. Resolution confirming approval by the City RES024 -13
Manager designee of the Chief Code
Enforcement Officer's report regarding
assessments of certain properties in the City for
which structures have been 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,
e. Resolution supporting litigation against RES 025 -13
California High Speed Rail Authority for Its
non - compliance with Proposition 1 A and
recommending transfer of $5,000 council
contingency to the City Attorney's Operating
budget within the General Fund for
financial support for that litigation.
Bakersfield, California, March 6, 2013 - Page 7
8. CONSENT CALENDAR continued
f, Resolution approving the Memorandum of
Understanding, setting salaries and related
benefits for employees represented by the
Bakersfield Police Officers Association.
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 No. 1738 to add Area 4 -112
(101 S, Union Avenue)
2. ROI No. 1739 to add Area 4 -113 (501
& 503 E. 21 st Street)
Agreements:
h, Agreement with Central Valley Occupational
Medical Group, Inc. (not to exceed $100,000
annually) for City physician services,
i. Agreement with York Risk Services, Inc. (not to
exceed $460,000), for adjusting liability claims
filed against the City.
J. Agreement with Duane Morris (not to exceed
$350,000) for legal services In connection with
legal action against the State Department of
Finance to recover the redevelopment
financing disallowed by the State of California
that was designated for City redevelopment
projects,
k. Westside Parkway Phase 6C Project; (TRIP)
1. Reimbursement Agreement with
Southern California Gas Company
($80,000) for cost of a 30 inch casing
to be installed within the Renfro Road
Bridge for the project,
2. Appropriate $80,000 Other Agency
Share Funds from Southern California
Gas Company to the Public Works
Capital Improvement Budget within
the Capital Outlay Utility Roads Fund
for work on the project.
ACTION TAKEN
RES 026 -13
R01 1738
R01 1739
AGR 13 -021
AGR 13 -022
AGR 13 -023
ABS JOHNSON
AGR 13 -024
.630
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Bakersfield, California, March 6, 2013 - Page 8
B. CONSENT CALENDAR continued ACTION TAKEN
I. Amendment No. 2 to Ground Lease Agreement AGR 92- 255(2)
No. 92 -255 (1) with Gina Shields assigning
Hangar Space Al to Bobby Baker.
M. Amendment No, 4 to Agreement No, 09 -058 REMOVED FOR
with Nolte Associates, Inc. ($847,331,70; revised SEPARATE
not to exceed $9,048,979,83) for construction CONSIDERATION
management services for the Westside Parkway
Phase 2 Project, (TRIP)
n. Amendment No. 2 to Agreement No, 09 -028 REMOVED FOR
with Nolte Associates, Inc, ($477,948,09; revised SEPARATE
not to exceed $7,386,494.03), for construction CONSIDERATION
management services for the Westside Parkway
Phase 4 Project. (TRIP)
o. Amendment No, 1 to Agreement No, 12 -118 AGR 12- 118(1)
with Habitat for Humanity, Golden Empire
($10,000) for the sale of City -owned property
located at 1918 Filson Street for resale as an
affordable single - family home,
P. Contract Change Order No, 4 to Agreement AGR 12 -099
No. 12 -099 with Security Paving Company CCO4
($11,034.93; revised not to exceed
$1,170,469.62) for Pavement Rehabilitation 2012
Phase 2 Project; Panama Lane from SR 99 to
South H Street.
q. Contract Change Order Nos, 10 and 36 to
REMOVED FOR
Agreement No, 10 -168 with Security Paving
SEPARATE
Company, Inc, ($1,236,747.17; revised not to
CONSIDERATION
exceed $23,992,259.88; change order funded
with traffic impact fees), for the construction of
the Westside Parkway Phase 4 Project,
r. Contract Change Order No, 15 to Agreement
AGR 12 -069
No. 12 -069 with S.C. Anderson, Inc, ($18,448;
CCO15
revised not to exceed $3,648,720,66), for State
Farm Sports Village Phase 2 Project.
Bids:
S. Accept bid and from Golden State Peterbilt REMOVED FOR
($619,687.03) for two replacement front loading SEPARATE
refuse trucks for the Public Works Department, CONSIDERATION
Solid Waste Division, (deferred from the meeting of
2/13/13)
Bakersfield, California, March 6, 2013 - Page 9
8. CONSENT CALENDAR continued
t. Accept bid from EDX Information Systems
($70,560.88), for 70 Lenovo desktop computers
for the Information Technology Division,
U. Accept bid and approve annual contract with
San Joaquin Fence & Supply (not to exceed
$477,844.15) for installed fencing.
V. Accept bid and approve contract with Flatiron
Electric Group, Inc. ($108,880), for street light
Improvements in Tract 2548,
W. Highway Safety Improvement Program Grant -
Pedestrian Countdown Timers:
1. Accept bid and approve contract
with Siemens, Inc. ($41,040), for
construction of project.
2. Appropriate $43,200 Federal
Congestion Management Air Quality
grant and $4,800 Gas Tax Fund
balance to the Public Works
Department's Capital Improvement
budget within respectively the
SAFETEA -LU Fund and the Gas Tax
Fund,
X. Mesa Marin Sports Complex - Scoreboards:
1, Resolution determining that
electronic scoreboards for the
Complex cannot be reasonably
obtained through the usual bidding
procedures and authorizing the
Finance Director to dispense with
bidding thereof to purchase four
electronic scoreboards from
Daktronics, Inc„ not to exceed
$14,789.
2. Accept bid and award contract with
City Neon Sign ($27,080) for the
installation of the scoreboards.
3. Appropriate $25,500 Park
Improvement Fund balance to the
Recreation and Parks Department's
Capital Improvement budget,
ACTION TAKEN
AGR 13 -025
AGR 13 -026
AGR 13 -027
RES 027 -13
AGR 13 -028
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Bakersfield, California, March 6, 2013 — Page 10
8. CONSENT CALENDAR continued ACTION TAKEN
Miscellaneous:
Y. Appropriate $1,600,000 Anthem Blue Cross
medical premium surplus funds to the non -
departmental budget within the General Fund
to provide for additional deposits Into the
Retiree Medical Irrevocable Trust Fund,
Z. Transfer and Appropriate $100,000
Transportation Development Fund Balance to
the Finance Department Operating Budget
within the TRIP Local Match Fund to authorize
payment of a TIFIA Loan Application Fee
related to potential road financing,
Successor Agency Business:
aa, Receive and file successor agency payments
from February 1, 2013 to February 20, 2013 in
the amount of $253.72.
Councilmember Johnson announced he would
abstain, due to appearance of a conflict, on item 8.k.
Councilmember Maxwell requested that items 8.m.,
8.n., 8.q., and 8.s. be removed for separate
consideration.
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar items 8.a. through 8.aa., with the removal of
items 8.m., 8.n., 8.q., and 8.s. for separate
consideration.
M. Amendment No, 4 to Agreement No. 09 -058 AGR 09- 058(4)
with Nolte Associates, Inc. ($847,331,70; revised
not to exceed $9,048,979,83) for construction
management services for the Westside Parkway
Phase 2 Project. (TRIP)
Councilmember Maxwell made a motion to delay the
contract until we have more information on Consent
Calendar items 8.m. and 8.n., and that we go ahead
and approve Consent Calendar Item 8.q.
Councilmember Maxwell adjusted his motion to
approve Consent Calendar items 8.m., 8.n., and 8.q.,
as recommended by staff.
Motion by Councilmember Maxwell to adopt Consent APPROVED
Calendar Item 8.m.
Bakersfield, California, March 6, 2013 - Page 11
8. CONSENT CALENDAR continued
n. Amendment No. 2 to Agreement No. 09 -028
with Nolte Associates, Inc. ($477,948.09; revised
not to exceed $7,386,494.03), for construction
management services for the Westside Parkway
Phase 4 Project, (TRIP)
Motion by Councilmember Maxwell to adopt Consent
Calendar Item 8.n. as recommended by staff.
q. Contract Change Order Nos, 10 and 36 to
Agreement No. 10 -168 with Security Paving
Company, Inc. ($1,236,747,17; revised not to
exceed $23,992,259.88; change order funded
with traffic impact fees), for the construction of
the Westside Parkway Phase 4 Project,
Motion by Councilmember Maxwell to adopt Consent
Calendar Item 8.q. as recommended by staff.
S. Accept bid and from Golden State Peterbiit
($619,687,03) for two replacement front loading
refuse trucks for the Public Works Department,
Solid Waste Division, (deterred from the meeting of
2/13/13)
Motion by Councilmember Maxwell to adopt Consent
Calendar Item 8.s., and asked that staff look into
having enough trucks in reserve so all the drivers can
be utilized to provide service.
9. CONSENT CALENDAR PUBLIC HEARINGS
None,
10. HEARINGS
None.
11. REPORTS
None,
12. DEFFERED BUSINESS
None,
13. NEW BUSINESS
None,
ACTION TAKEN
AGR 09- 028(2)
APPROVED
AGR 10 -168
CCO10, CCO36
APPROVED
APPROVED
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Bakersfield, California, March 6, 2013 - Page 12
14. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN
Councilmember Johnson advised he had been
contacted by a constituent regarding having the
California Highway Patrol provide more litter
enforcement on Highway 58, and he asked City
Manager Tandy to address that issue.
City Manager Tandy responded that the City is
negotiating for revenue sources with Caltrans to
Improve litter pickup and with KernCOG, In
collaboration with the Sheriff's Department and the
California Highway Patrol, which will result in more
physical cleanup as well as frequent enforcement
activities; and he anticipates having the contracts
come before Council in the next month,
Councilmember Johnson asked staff to look into
putting together recognition for Blll of Rights Day in
Bakersfield on December 151", and he provided a
sample resolution and a packet of information, and
suggested involving the Kern County Heritage
Commission in this effort.
Councilmember Johnson thanked the Police
Department for the resolution of the Issue with the
vacant property on Raymond A, Spruance Court.
Councilmember Johnson asked that the issue of a
report regarding additional Police Department staffing
levels be put on the agenda for the March 21 ai Safe
Neighborhoods Committee meeting.
Councilmember Hanson advised he was pleased
about the resolution on tonight's Consent Calendar
approving the salary Issues with the BPOA,
Councilmember Hanson advised he had a request to
reduce some walls that run along the El Portal area on
Gosford Avenue from Ming Avenue to Stockdale
Highway, due to deterioration, and he asked the City
Manager to address the issue of reserving for this type
of expense in the presentations for the upcoming year.
Councilmember Hanson asked the City Manager to
address, in the budget process, the issue of the impact
of using utility fees, gas taxes and part of the traffic
impact fees to repay the bonds to complete the
Thomas Roads Project, and how it would impact our
employees, our roads and other general services.
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Bakersfield, California, March 6, 2013 - Page 13
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Maxwell thanked Community
Services Director Mclsaac and Building Director Burns
for taking a personal Interest with a long -time business
In their construction project.
Councilmember Maxwell asked staff provide him with
the status of his request about changing the loading
zone to the front instead of to the side at The Mark.
Councilmember Maxwell asked staff for a follow -up
regarding his previous request about the signage at a
business on Chester Avenue.
Councilmember Maxwell thanked Police Chief
Williamson and Public Works Director Rojas for putting
meters in the Auailwood area and indicated that a
long -term solution to that problem needs to be
devised.
Councilmember Maxwell asked Chief Williamson and
City Manager Tandy to look into an internet store on
Oak Street in the Pizzaville Mall where there might be
some illegal activity and perhaps make the property
owner aware of it.
Councilmember Smith expressed his appreciation to
staff and the Police Department regarding the Police
contract.
Councilmember Smith advised he would like staff to
explore the possibility of doing a shorter term on the
TIFIA loan.
Councilmember Sullivan asked staff to check into a
problem vacant property in her area, and she
provided information to the City Clerk.
Councilmember Sullivan commented about the
medians on Stine Road south of Harris that have been
completed with artificial turf, and indicated she would
like to consider doing it in the future as a trend
because It looks good and would simplify the
maintenance and safety issues.
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Bakersfield, California, March 6, 2013 - Page 14
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Sullivan advised she is happy with the
progress being made to take care of the litter pickup;
however, we need a better way to discourage littering
in the first place; and she wants to know why and
when the litter signs on the freeways were removed
and wants the City to work toward putting them back
up again.
Councilmember Sullivan advised there was a recent
gathering at the Liberty Bell and a large cardboard
box with trash was left there for two weeks, and she
would like to know who is responsible for keeping that
area clean; and she also mentioned that she would
like to see more trash cans around bus stops and at
parades, and to come up with ideas to educate the
public to be more careful not to litter.
Mayor Hall recognized Councilmember Sullivan for her
recent honor as Republican of the Year at the Lincoln
Day Dinner, and expressed his appreciation for her
continuing effort and support of the litter issues.
Mayor Hall announced that today he received signed
contracts back from Caltrans which is going to allow
us to activate litter and vegetation control on Highway
178 eastbound; two weeks ago he had approximately
50 volunteers that came out for the Saturday Mayor's
Freeway Cleanup and collected 84 bags of litter at
two locations; and he is excited about the new
projects and puffing people to work, but most
Importantly it is all about people having pride in their
community.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 6:57 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST;
/ �k/w 2V91
CITY CLERK and Ex Officio CA& of
the Council of the City of Bakersfield