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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 � r• WA 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- 1683 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 iu g`i KP UD 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. I %_f 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. P] HA 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. ,rr 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 169 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. 1692 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. 1693 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