HomeMy WebLinkAbout05/01/13 CC MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 1, 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.
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,
Motion by Councilmember Hanson to adjourn to
Closed Session at 3:33 p.m.
Motion by Councilmember Smith to adjourn from
Closed Session at 5:15 p.m.
4. CLOSED SESSION ACTION
5.
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
ADJOURNMENT
Vice -Mayor Weir adjou
10TIr_1
ATTEST:
CITY CLERK and Ex Off i Clerk of
the Council of the Cl f Bakersfield
ACTION TAKEN
APPROVED
APPROVED
STAFF WAS GIVEN
DIRECTION
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Bakersfield, California, May 1, 2013 - Page 2
REGULAR MEETING - 5:17 p,m,
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Maxwell, Smith,
Hanson, Sullivan, Johnson
Absent: None.
2. INVOCATION by Minister Hayward Cox, Church of
God,
3. PLEDGE OF ALLEGIANCE by Peyton Beckham, 2nd
grade student at Patriot Elementary School,
Mayor Hall acknowledged the students from Ridgeview High
School government class in attendance at the meeting to
learn about City government.
4. PRESENTATIONS
a, Presentation by Mayor Hall of a Proclamation to
Dee Ann Graham, American Legion Post 26
President, and Melinda Huston, Poppy
Chairman, declaring May 2013, Poppy Month.
Ms, Graham accepted the Proclamation and
made comments,
5. PUBLIC STATEMENTS
a, David Lyman, Manager of the Bakersfield
Convention and Visitor's Bureau, spoke
regarding National Travel and Tourism Week,
beginning on Sunday, May 4th.
b. Bryan Burrow, President and CEO of the
Bakersfield Symphony Orchestra, spoke
regarding the need for music education and
the benefits of having a symphony orchestra;
and he asked the City to look Into helping fund
the Bakersfield Symphony Orchestra,
Councilmember Johnson asked that Mr.
Burrow's recommendation be referred to
budget discussions to see if it is possible to help
finance the Bakersfield Symphony Orchestra.
Councilmember Maxwell concurred with
Councilmember Johnson's referral and
expressed the importance of music education
and the orchestra to the community.
ACTION TAKEN
Bakersfield, California, May 1, 2013 - Page 3
5. PUBLIC STATEMENTS continued
IL C. The following individuals spoke in support of the
High Speed Rail, and asked for the City's
support; Kathleen Ellis Faulkner; and Iva
Fendrick and provided written materials.
d. Marvin Dean spoke in support of various
agenda items; he commented on the High
Speed Rail meeting last week and the
Transportation Forum held on April 18th; and
stated he supports Consent Calendar item 13,
and offered the Kern Minority Contractor's
Association's services to help get the residents
of the Bakersfield Homeless Center job ready
and hold safety training.
6. WORKSHOPS
a. Presentation of Proposed FY 2013 -14 Budget,
(Alan Tandy, City Manager and Chris Huot,
Administrative Analyst)
City Manager Tandy made staff comments and
provided a PowerPoint presentation,
Administrative Analyst Huot presented the financial
overview and provided a PowerPoint presentation.
City Manager Tandy made additional comments.
Vice -Mayor Weir made comments on the need for
better public safety and asked staff to develop a
systematic strategic planning document, in which over
a five year period we could strive for average
response times or better than average response times;
he asked for periodic updates and to hold a public
presentation on this subject prior to the next budget
cycle.
Councilmember Johnson spoke regarding a
memorandum that was brought to the Safe
Neighborhoods Committee meeting, regarding
possible options to increase public safety, and
suggested the city hire 20 additional sworn officers
and 10 professional civilian staff; and have this matter
brought back to Council when the Police Department
gives their budget presentation.
ACTION TAKEN
16 16'a-
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Bakersfield, California, May 1, 2013 - Page 4
6. WORKSHOPS continued ACTION TAKEN
Councilmember Sullivan asked that the freeway
improvements and beautification be worked into our
budget.
7. APPOINTMENTS
None,
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the April 17, 2013
Regular City Council Meetings.
Payments:
b. Receive and file department payments from
April 5, 2013, to April 18, 2013, in the amount of
$18,648,966.61 and self- Insurance payments
from April 5, 2013, to April 18, 2013, in the
amount of $168,778.68 totaling, $18,817,745,29,
Ordinances:
C. 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 zoning (pre - zoning) on
75 acres zoned R -1 (Low Density Residential)
and 5 acres zoned E (5) RS PE (Estate 5 Acres,
Residential Suburban Combining, Petroleum
Extraction Combining) in the County of Kern, to
the City zone district of R -1 (One - Family
Dwelling) on the entire 80 acres, located at the
southwest corner of Renfro Road and Noriega
Road. (ZC# 12 -0463 - McIntosh and Associates
representing Black Ops Real Estate VIII).
d. First Reading of Ordinance amending Municipal FR
Code Section 1. 12.060 by adding Annexation
No. 556 located along the west side of Stine
Road, on the north and south side of Taff
Highway to Ward 6,
Q
Bakersfield, California, May 1, 2013 - Page 5
CONSENT CALENDAR continued
e. Road Funding Ordinance Revisions:
1. Adoption of Ordinance amending
Chapter 3.04 of the Municipal Code
relating to the Special Gas Tax
Improvement Fund.
2. Adoption of Ordinance Authorizing the
City Council to establish a special fund
to be designated the "Roads Program
Utility Franchise Fee and Surcharge
Fund" to maintain the additional
franchise fees and utility surcharges and
the future utility surcharge fees, if any,
received or to be received by the City
pursuant to certain electric and gas
franchises and further authorizing the
City Council to designate such funds be
used solely for the City's Roads Program
and amending and adding sections to
Chapter 3,04 of Municipal Code in
connection therewith,
f. Adoption of Ordinance amending Municipal
Code Sections 1, 12,060 and 1. 12.070 by adding
Annexation No. 619 consisting of 45.27 acres
located along the south side of Taft Highway
east of South H Street to Ward 7, and
Annexation No, 624 consisting of 17.32 acres
located along the east and west side of Stine
Road north of Taft Highway to Wards 6 & 7.
Resolutions:
g, Resolution confirming approval by the City
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.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
ORD 4727
RES 045 -13
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8.
Bakersfield, California, May 1, 2013 - Page 6
CONSENT CALENDAR continued ACTION TAKEN
h. Resolutions adding the following territories to
the Consolidated Maintenance District and
approving, confirming and adopting the Public
Works Director's Reports and authorizing
collection of the assessments by the Kern
County Tax Collector,
1, Area 4 -114 (3838 San Dimas Street)
RES 046 -13
2. Area 1 -93 (5000 Commerce Drive)
RES 047 -13
3. Area 2 -53 (4621 White Lane)
RES 048 -13
4. Area 1 -94 (10948 Snow Road)
RES 049 -13
5. Area 3 -87 (5511 Woodmere Drive)
RES 050 -13
6. Area 3 -88 (Hosking, SR99 South)
RES 051-13
Resolution of Intention No, 1747 ordering the
ROI 1747
vacation of a sewer line easement and sewer
lift station easement on the north side of
McCutchen Road between Progress Road and
Gosford Road.
Agreements:
j. Agreement with Brown Armstrong AGR 13 -064
Accountancy Corporation ($49,200) for a full
scope annual audit of the 2012 -13 fiscal year.
k. Agreement with Castle & Cooke California, Inc. AGR 13 -065
($136,000), to purchase real property located DEED 7647
at the southeast corner of San Juan Avenue
and Cedmont Drive for a domestic water well
site.
I. Rosedale Highway Widening and the Mohawk REMOVED FOR
North Extension Projects: SEPARATE
CONSIDERATION
1, Settlement Agreement with Tricor Energy,
LLC, ($1,008,500), for the reimbursement
of costs to relocate facilities being
impacted by the Project within the
Fruitvale Oil Field.
2. Amendment No. 2 to license Agreement
No. 08 -093 with Tricor Energy, LLC.
8.
Bakersfield, California, May 1, 2013 — Page 7
CONSENT CALENDAR continued ACTION TAKEN
Item 8,1, continued
3. Drill Site Agreement with San Joaquin AGR 13 -067
Facilities Management (SJFM, a
subsidiary of Tricor Energy, LLC),
4. Appropriate $1.4 million Developer share
project cost to the Public Works Capital
Improvement Budget within the
Transportation Development fund for the
Mohawk North Extension project. (TRIP)
M.
Contract Change Order No. 105 to Agreement
AGR 07 -304
No. 07 -304 with Security Paving Construction,
CCO105
($40,000; revised not to exceed $33,557,593.09),
for the State Route 178 and Fairfax Road
Interchange Project. (TRIP)
Bids:
n.
Reject all bids for Mill Creek Linear Sister City
Gardens Phase B.
o.
Accept bid from Lehr Auto Electric
($183,018.25), for 50 Panasonic Toughbook
Laptops for the Police Department.
P.
Accept bid and approve contract with
AGR 13 -068
Bowman Asphalt, Inc. ($170,426), for street
Improvements on Wible Road - Berkshire Road
to Panama Lane.
q.
Pavement Rehabilitation 2011 Phase 1 - Truxtun
REMOVED FOR
Avenue from Mohawk Street to Oak Street;
SEPARATE
CONSIDERATION
1. Accept bid and approve contract with
Griffith Company, ($1,495,495).
2. Appropriate $265,000 additional Federal
Surface Transportation Program Funds
to the Public Works Department's
Capital Improvement budget within the
SAFETEA -LU Fund.
Miscellaneous:
r. Distribution of $625,000 from the Board of State
and Community Corrections to the
municipalities, contract cities and special
districts In Kern County in accordance with
the terms agreed upon by the Chiefs of Police,
special district, and Kern County Sheriff.
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8.
Bakersfield, California, May 1, 2013 - Page 8
CONSENT CALENDAR continued ACTION TAKEN
Successor Agency Business:
S. Receive and file successor agency payments
from April 5, 2013, to April 18, 2013, In the
amount of $306,187.13,
Councilmember Johnson requested that item 8.e. be
removed for separate consideration.
Councilmember Maxwell requested items 8.1 and 8.q.
be removed for separate consideration.
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar items 8.a. through 8.s. with the removal of
items 8.e., 81, and 8.q. for separate consideration.
e, Road Funding Ordinance Revisions:
1. Adoption of Ordinance amending ORD 4725
Chapter 3.04 of the Municipal Code
relating to the Special Gas Tax
Improvement Fund.
2. Adoption of Ordinance Authorizing the ORD 4726
City Council to establish a special fund
to be designated the "Roads Program
Utility Franchise Fee and Surcharge
Fund" to maintain the additional
franchise fees and utility surcharges and
the future utility surcharge fees, if any,
received or to be received by the City
pursuant to certain electric and gas
franchises and further authorizing the
City Council to designate such funds be
used solely for the City's Roads Program
and amending and adding sections to
Chapter 3,04 of Municipal Code In
connection therewith.
Councilmember Johnson reiterated what he stated at
the last Council meeting, that he did not support the
implementation of a utility surcharge fee and will be
voting no on this item.
Motion Vice -Mayor Weir to adopt Consent Calendar APPROVED
item 8. e. NOES JOHNSON
8.
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Bakersfield, California, May 1, 2013 - Page 9
CONSENT CALENDAR continued ACTION TAKEN
I. Rosedale Highway Widening and the Mohawk
North Extension Projects:
1, Settlement Agreement with Tricor Energy, AGR 13 -066
LLC, ($1,008,500), for the reimbursement
of costs to relocate facilities being
impacted by the Project within the
Fruitvale Oil Field,
2. Amendment No. 2 to license Agreement AGR 08- 093(2)
No. 08 -093 with Tricor Energy, LLC,
3. Drill Site Agreement with San Joaquin AGR 13 -067
Facilities Management (SJFM, a
subsidiary of Tricor Energy, LLC).
4. Appropriate $1A million Developer share
project cost to the Public Works Capital
Improvement Budget within the
Transportation Development fund for the
Mohawk North Extension project, (TRIP)
Motion by Councilmember Maxwell to adopt Consent APPROVED
Calendar item 81
q, Pavement Rehabilitation 2011 Phase 1 - Truxtun
Avenue from Mohawk Street to Oak Street:
1. Accept bid and approve contract with AGR 13 -069
Griffith Company, ($1,495,495),
2. Appropriate $265,000 additional Federal
Surface Transportation Program Funds
to the Public Works Department's
Capital Improvement budget within the
SAFETEA -LU Fund.
Motion by Councilmember Maxwell to adopt Consent APPROVED
Calendar item 8.q.
CONSENT CALENDAR PUBLIC HEARINGS
None,
HEARINGS
None.
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Bakersfield, California, May 1, 2013 - Page 10
11. REPORTS ACTION TAKEN
a. Department Budget Presentations;
1. General Government
Administrative Analyst Huot made staff
comments and provided a PowerPolnt
presentation.
In response to a question from Councilmember
Hanson, City Manager Tandy stated that his
office will be providing a memorandum to the
Mayor and City Council, pointing out the
paperless agenda packet costs, savings, and
the potential legal complications associated
with that, within the next month.
Councilmember Smith encouraged continued
promotion of wellness and a robust wellness
plan,
2. City Attorney's Office
City Attorney Gennaro made staff comments
and provided a PowerPolnt presentation.
Councilmember Hanson thanked the City
Attorney's office for their efforts and feels it has
been very profitable to the City of Bakersfield.
Councilmember Johnson asked staff if the City
Attorney's office would consider handling the
eminent domain process in its entirety, in order
to save money.
City Attorney Gennaro advised they are looking
Into that possibility,
Councilmember Maxwell thanked City
Attorney Gennaro for the amount of money
saved and the productivity from her
department.
Bakersfield, California, May 1, 2013 — Page 11
11. REPORTS
Item 1 l.a, continued
3. Financial Services
Finance Director Smith made staff comments
and provided a PowerPoint presentation.
Vice -Mayor Weir thanked Finance Director
Smith for his effort in getting the assessment
districts refinanced and saving the districts and
taxpayers money; and he asked if the
PowerPoint presentation is on -line.
Finance Director Smith advised that the
PowerPoint will be available on the City website
tomorrow.
In response to Councilmember Hanson's
question, Finance Director Smith advised that
the total amount of the City's unfunded liability
Is $105 million.
12. DEFFERED BUSINESS
None,
13. NEW BUSINESS
a. Initiation of Freeway Litter Program (city - wide):
Delegated Maintenance Agreement
with State of California Department of
Transportation ($252,640 for one year) to
authorize and provide funding for the
City to remove litter from freeway
shoulders and ramps within city limits with
use of contract crews from the
Bakersfield Homeless Center,
2. Memorandum of Understanding (MOU)
with Kern Council of Governments
($20,000), to provide funding for initiation
of program for remainder of FY 12/13.
3. Agreement with Bakersfield Homeless
Center ($561,600 annually; renewable for
four one -year terms), to provide crews to
remove litter from freeway shoulders and
ramps within City limits.
ACTION TAKEN
AGR 13 -070
AGR 13 -071
AGR 13 -072
I NO
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Bakersfield, California, May 1, 2013 - Page 12
13. NEW BUSINESS continued ACTION TAKEN
Item 13,a. continued
4. Appropriation of $252,640 of Caltrans
funding and $20,000 of Kern Council of
Governments funding to the Public
Works Department's operating budget
within the Refuse Fund,
Public Works Director Rojas made staff comments.
Solid Waste Superintendent Moretti made additional
staff comments and provided a PowerPoint
presentation,
Councilmember Smith asked staff to adjust the
language for the future independent contractor's
agreement with CalTrans, specifically where it skates
"shoulders" to add "and landscape areas" so that
everything is clear in the contract.
Mayor Hail expressed his happiness and excitement to
being able to finally do something more with the
freeway litter problem in the City. He stated that he is
happy to have the support of Kern COG and from
several other agencies on this new program; and
announced that a press conference will be held on
Friday morning at 10:00 a.m., at the park and ride on
Stockdale Highway next to the Kaiser Permanente
Medical Facility. He said there will be representatives
from all the parties involved and encouraged the
Councilmembers and the public to share in this happy
day for Kern County.
Motion by Councilmember Sullivan to adopt New APPROVED
Business item 13.a.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Maxwell asked staff to look into
cleaning up the alley behind the last loop of Spruce
Street.
Councilmember Maxwell asked to refer the Issue of
hookah lounges and marijuana shops to the
Legislative and Litigation Committee, to review our
current ordinances to ensure they are complying with
the City's rules and regulations.
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Bakersfield, California, May 1, 2013 - Page 13
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Vice -Mayor Weir commented on his recent
attendance to a League of Cities board meeting, held
in Sacramento; he stated that he had the opportunity
to speak with the CEO of CalPERS and the Governor,
about some issues pertaining to the City of Bakersfield;
he stated that we have some challenges in front of us,
as the implication is that whatever services can be
moved down to the local jurisdiction, the Governor will
do that.
Councilmember Sullivan thanked the Keep Bakersfield
Beautiful Committee and its volunteers for their
service.
Councilmember Sullivan expressed her
disappointment that artificial turf was not used for the
median on Stine Road by Ridgeview High School; she
asked staff to designate an area to try the artificial turf,
as she feels it will save water and maintenance.
Councilmember Sullivan asked for an updated report
on what the City is doing to control the sale of artificial
synthetic marijuana.
Councilmember Sullivan thanked everyone involved
in getting the Freeway Litter Program started, but
stated she would love to see a program created to
keep the sprinklers along the freeways in working
order and the beautification of the medians with
stamped concrete; she suggested that a good place
to start the beautification effort would be California
Avenue, then 24m Street going into Rosedale, and then
Ming Avenue; and she stated that the color of the
stamped concrete on Stockdale Highway would be a
perfect color to use, and asked staff to look into what
color that is.
Mayor Hall acknowledged and expressed his
appreciation to members of the Council this evening
that gave him recognition for his community efforts; he
stated he loves what he does and will continue to
contribute the best that he can to make this city the
most beautiful city in America.
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Bakersfield, California, May 1, 2013 - Page 14
15. ADJOURNMENT ACTION TAKEN
Mayor Hall adjourned the meeting at 7:37 p.m.
ATTEST:
CITY CLERK and Ex Offi Clerk of
the Council of the City of Bakersfield