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HomeMy WebLinkAbout05/15/13 CC MINUTESl 11"] BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 15, 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: Mayor Hall, Vice -Mayor Weir, Councilmembers Maxwell, Smith, Hanson, Sullivan, Johnson (seated at 3:34 p.m,) Absent: None. City Clerk Gafford announced that, at the request of staff, Closed Session Item 4,a. has been pulled from tonight's Agenda. 2. PUBLIC STATEMENTS None, 3. WORKSHOPS a. Department Budget Presentations: 1. Public Works Public Works Director Rojas made staff comments and provided a PowerPoint presentation, Assistant Public Works Director Fidler presented an update on the Capital Improvement Program and provided a Powerpoint presentation. Councilmember Johnson requested that, prior to approving the budget, staff provide him with the total amount of overtime being used in the Public Works Department. ACTION TAKEN 169L-f 1GCi5 Bakersfield, California, May 15, 2013 - Page 2 3. WORKSHOPS continued ACTION TAKEN Item 3,a.1, continued Councilmember Maxwell asked staff to look into re- designing the blue recycling cart and offer a smaller size to citizens who do not anticipate they will need a larger cart. Councilmember Maxwell asked that Public Works staff review their budget to think of ways they might save 10% of their budget in order to be infused into a division that might need if more. Councilmember Sullivan requested that staff search for beautification grants to Improve the on and off ramps of SR 99, and to estimate a time frame when the improvements can be completed. Councilmember Sullivan requested that staff repair the seating inside the Rabobank Arena. 2. Community Development Community Development Director Mclsaac made staff comments and provided a PowerPoint presentation. Councilmember Johnson requested that staff provide him with the number of building inspections each person performs per week. 3. Water Resources Mayor Hall announced that the Water Resources Budget Presentation will be held prior to the Police Department Budget Presentation and after the Kern COG Presentation. City Clerk Gafford reiterated that Closed Session Item 4,a, has been pulled from the Agenda, 4. CLOSED SESSION a, Conference with Legal Counsel - Initiation of REMOVED BY Litigation; Closed Session pursuant to STAFF Government Code Section 54956.9 (d) (4) (one potential case). Bakersfield, California, May 15, 2013 - Page 3 5. CLOSED SESSION ACTION None. 6. ADJOURNMENT Vice -Mayor Weir adjourned the meeting at 4:46 p.m. VICE- MAYOR of the City o Bakersfield, CA ATTEST: CITY CLERK and Ex Offici lerk of the Council of the City of Bakersfield REGULAR MEETING - 5:17 p.m. Mayor Hall announced that public statements regarding Agenda Item 11.a., Legislative and Litigation Committee Report relating to ownership of chickens in neighborhoods, will be heard at the time the Agenda Item is read by the City Clerk; a public speaker's card must be submitted to the City Clerk by all speakers; and the City Council's time limit policy for public statements will apply to this Agenda item, 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Weir, Councilmembers Maxwell, Smith, Hanson, Sullivan, Johnson Absent: None, City Clerk Gafford announced that the Water Resources Budget Presentation was continued from the 3:30 p.m. City Council meeting and will be heard prior to the Police Department Budget Presentation Item 6.b. 2. INVOCATION by Minister Tour6 Tyler, The Cross Christian Church. 3. PLEDGE OF ALLEGIANCE by Jayden Burton, 1 st grade student at Independence Elementary School ACTION TAKEN lsaco 1 GqT Bakersfield, California, May 15, 2013 - Page 4 4. PRESENTATIONS ACTION TAKEN a. Presentation by Mayor Hall of a Proclamation to Jonathan Moo, Bike Bakersfield Education Coordinator, declaring May 2013, Bike Month and May 17, 2013, as Bike to Work Day. Mr, Moo accepted the Proclamation and made comments. b. Presentation by Mayor Hall of (Pads to Green Expo Recycled Material Art Facebook Contest Winners Pablo Castro, Ariete Monreal, Katrina Rocha, Luz Murataya and Kenia Jimenez. Ms. Monreal, Ms. Rocha, Ms, Murataya, Ms. Jimenez and Mr. Castro accepted the (Pads and made comments. 5. PUBLIC STATEMENTS a. The following individuals spoke regarding a biography of Colonel Thomas Baker and provided the City Council with a copy of the book: Judy Salamacha and Sandy Mittlesteadt; and announced that there will be a book signing at Russo's Bookstore on June 1 st, b. The following Individuals spoke regarding Youth Leadership Bakersfield (submitted written material): Cindy Pollard, President /CEO of the Greater Bakersfield Chamber of Commerce; Rob Duchow, Public Affairs Manager for Southern California Gas Company; Amber Parcher, student at Valley Oak Charter School; and Jeffrank Solorzano, student at Foothill High School, C. Matthew Woods, representing Haaker Equipment Company, spoke in protest of the street sweepers bid and asked the City Council to further review the low bid to verify they are in compliance with the bid specifications, d. Frank Wheeler, representing Municipal Maintenance Equipment, spoke in support of the street sweepers bid and thanked the City for giving his company the opportunity to provide service, support and equipment for the last 16 years. Bakersfield, California, May 15, 2013 - Page 5 5. PUBLIC STATEMENTS continued e, Marvin Dean spoke regarding various Agenda Items; he thanked the Mayor and City Council for honoring and recognizing people of all diversity; and announced that he recently substituted Matt Gardner as his Campaign Treasurer, f. Matt Gardner spoke regarding funding a waterpark for the City and proposed that a City committee meet to discuss the needs of financing a waterpark through a public offering by going directly to the public as a reverse merger. g. Jim Wheeler, Chairman of the Steering Committee for the Kern County Homeless Collaborative, stated that their Committee has not yet taken an official position on the AB 5 Resolution; that they were pleased to see that Mayor's 10 year plan to end chronic homelessness is mentioned in the Resolution; encouraged the City Council to visit the Collaborative website at www.kernhomeless.org to view the services and resources that are available to the City; and submitted written material on the Collaborative's accomplishments. Councilmember Maxwell requested he be provided with the Kern County Homeless Collaborative meeting schedule so that he can attend. h. The following individuals spoke regarding the decision to ban marijuana dispensaries; TJ Esposito, Owner of Patriot Bail Bonds (opposed and submitted written material); Nora Weber (support); and Phil Ganong, Attorney (opposed and submitted written material). Tomeka Powell, Ward One resident, asked that the City Council amend the City Charter which relates to the qualifications to be a councilmember and add that candidates must live In the ward they are running in for at least three months prior. Councilmember Weir asked that Ms. Powell's request be referred to the Legislative and Litigation Committee. ACTION TAKEN 6' 1699 Bakersfield, California, May 15, 2013 - Page 6 5. PUBLIC STATEMENTS continued ACTION TAKEN Jess Winters, on behalf of Vision Corps and Canyon Hills Church, spoke regarding the I Love America event being held on July 4th at Bakersfield College; advised where tickets can be purchased; thanked the sponsors; and encouraged those wishing to volunteer or sponsor the event to contact Rick Moore through their website at iloveamericabakersfield.com. k. George Moreno, Sr., spoke in support of a Human Life Ordinance, Vanessa Vangel, Ward 2 resident, spoke In opposition of the 24th Street Widening Project, Councilmember Maxwell requested that staff draft an ordinance prohibiting businesses from selling marijuana within the city limits, mirroring the City of Riverside's ordinance. Mayor Hail announced he would be absent for the rest of the evening and recessed the meeting at 6:23 p.m. Vice -Mayor Weir reconvened the meeting at 6:32 p.m. 6. WORKSHOPS a. Kern Council of Government's Reglonal Transportation Plan, Sustainable Communities Strategy. Kern COG Planning Division Director Robert Ball made comments and provided a PowerPoint presentation. Councilmember Johnson suggested that Kern COG consider facilitating changes in State law to utilize existing canal right -of -ways and incorporating them into a multi -use transportation corridor. Councilmember Maxwell suggested adjusting the traffic lights on 23rd and 24th Streets, and Mohawk and Oak Streets, to be more efficient, and look into installing a sign at the crosstown freeway directing people to use Golden State Highway to travel north on SR 99 in order to ease freeway congestion. i Bakersfield, California, May 15, 2013 - Page 7 6. WORKSHOPS continued Item 6,a, continued Councilmember Maxwell requested that he be provided with the total cost for the Centennial Corridor Project. b, Department Budget Presentation; Water Resources Water Resources Manager Chianello made staff comments and provided a PowerPoint presentation, Councilmember Johnson requested that Water Resources Manager Chianello work with the City Manager on how much time the Police Department spends on monitoring crime on the Kern River Parkway, to determine if there is a need to do an inter -fund transfer to augment the Police Department. 2. Police Department Police Chief Williamson made staff comments and provided a PowerPoint presentation. Councilmember Johnson requested that Police Chief Williamson work with Water Resources Manger Chianello to determine if an inter -fund transfer is needed to augment the Police Department for their time spent monitoring the Kern River Parkway for crime. In response to a question by Councilmember Maxwell, City Attorney Gennaro stated the Internet Caf6 issue is being looked into at the next Safe Neighborhoods Committee meeting, and that she will provide the City Council a memorandum once that is completed. Councilmember Maxwell stated he wants the public to know that should they see two Police Officers in one vehicle, it is because new officers are required to ride with experienced officers for a period of time during training. Councilmember Sullivan suggested Chief Williamson write a Community Voices article to inform the public about the issue of two Police Officers in a vehicle. ACTION TAKEN 17 0-0 1-70f Bakersfield, California, May 15, 2013 - Page 8 7. APPOINTMENTS ACTION TAKEN None. S. CONSENT CALENDAR Minutes: a, Approval of minutes of the May 1, 2013 Regular City Council Meetings. Payments: b, Receive and file department payments from April 19, 2013, to May 2, 2013, in the amount of $9,271,897,20 and self- Insurance payments from April 19, 2013, to May 2, 2013, in the amount of $195,699.87 totaling, $9,467,597.07. Ordinances: C. First Reading of Ordinance amending the text FR of various sections of Chapter 17,60 of the Municipal Code relating to signs. d. Adoption of Ordinance amending Municipal ORD 4728 Code Section 1. 12.060 by adding Annexation No, 556 located along the west side of Stine Road, on the north and south sides of Taft Highway to Ward 6, (FR 05/01/13) Resolutions: e. Resolution in opposition of Assembly Bill 5 which RES 052 -13 would establish the "Homeless Person's Bill of Rights and Fairness Act ". f. Emergency Sewer Repairs on Stine Road, South of Panama Lane, at the Arvin Edison Canal; 1. Resolution dispensing with bidding RES 053 -13 procedures due to emergency sewer repairs, and authorizing Rain for Rent and W. M, Lyles Company to perform necessary repairs, not to exceed $500,000, 2. Appropriate $500,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement budget. Bakersfield, California, May 15, 2013 — Page 9 8. CONSENT CALENDAR continued ACTION TAKEN ITEM 8.F, CONTINUED g. Resolution of Intention No. 1744 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District (CMD) and the 2013 -2014 budget and setting the time and place for hearing protests on the amount of park landscaping assessments to be levied throughout the CMD, h. Resolution of Intention No, 1745 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District (CMD) and the 2013 -2014 budget and setting the time and place for hearing protests on the amount of street and median landscaping assessments to be levied throughout the CMD. Resolution of Intention No. 1746 preliminarily adopting, confirming and approving the Public Works Director's Report for 17 Traffic Signal Maintenance Districts (fSMD) and their 2013 -2014 budget and setting the time and place for hearing protests on the amount of Traffic Signal assessments to be levied for each TSMD. Resolution of Intention No. 1748 ordering the vacation of an alley located south of Dorian Drive, east of Laurel Drive and west of So, Chester Avenue. Agreements: k. Cooperative Agreement with the State of California Department of Transportation (Caltrans) for the Plans, Specifications and Estimate and Right -of -Way phases for the 24th Street Improvement Project, (TRIP) Amendment No.l to Agreement No, 12 -086 with Loop Electric, Inc. ($360,000; revised not to exceed $719,760 and extending term one year), for vehicle loop cutting. ROI 1744 ROI 1745 ROI 1746 ROI 1748 REMOVED FOR SEPARATE CONSIDERATION AGR 12- 0860) Uoz 170-3 8. Bakersfield, California, May 15, 2013 - Page 10 CONSENT CALENDAR continued M. Amendment No. 4 to Agreement No. 10 -080 with Commercial Cleaning Systems, Inc, ($43,372; revised not to exceed $173,488 and extending term one year), for janitorial maintenance at City Hall North. n. Amendment No. 3 to Agreement No. 11 -065 with Wholesale Fuels, Inc. ($40,000; revised not to exceed $160,000 and extending term one year), for the supply of propane. o. Amendment No. 1 to Agreement No. PW12 -062 with Clean Cut Landscaping ($26,988; revised not to exceed $53,976 and extend term one year), for landscape maintenance at Wastewater Treatment Plant No. 3. P. Amendment No. 1 to Agreement No. 08 -087 with the County of Kern (no change In compensation and extending term five years), and add food waste to materials being recycled at the Recycling Facility. q. Amendment No. 1 to Agreement No. 07 -218 with Old River LLC, for extension of time to construct Bridle Creek Park for Tract 6359. Rehabilitation of Three Lift Stations: 1. Contract Change Order Nos. 2 and 3 to Agreement No. 11 -170 with HPS Mechanical, Inc. ($125,123.62; revised not to exceed $1,097,382.62), for the project. 2. Appropriate $125,124 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 2) to the Public Works Department's Capital Improvement budget. Bids: S. Extend bid from Lehr Auto Electric, ($109,810.95) for the purchase of 30 Panasonic Toughbook Laptops for the Fire Department. ACTION TAKEN AGR 10- 080(4) AGR 11- 065(3) AGR 13 -074 AGR 08- 087(1) AGR 07- 218(1) AGR 11 -170 CCO2, CCO3 gill, 11oC4 Bakersfield, California, May 15, 2013 - Page 11 8. CONSENT CALENDAR continued ACTION TAKEN t, Accept bid from Rush Truck Center ($201,444,65) for one additional combination saw truck for the Public Works Department, Streets Division. U. Accept bid and approve contract with AGR 13 -075 General Scales ($68,500) to furnish and install a truck scale at the Green Waste Facility. V. Accept bid and approve contract with Loop AGR 13 -076 Electric, Inc. ($139,750), for Traffic Signal and Lighting Installation at the intersection of Hosking Avenue and Akers Road. W. Landscape Improvements to Existing Median Islands, Phase II: Olive Drive and Calloway Drive, and Calloway Drive north of Rosedale Hwy. to Meacham Road. 1, Accept bid and approve contract with AGR 13 -077 Clean Cut Landscape ($260,398.95), for construction of project, 2. Appropriate $115,000 Developer Share Project cost to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund. Miscellaneous: X. Acceptance of 2011 -12 Transportation Development Act Funds Financial Statements, Successor Agency Business: Y, Receive and file successor agency payments from April 19, 2013, to May 2, 2013, in the amount of $1,265,628,69, City Clerk Gafford announced that staff submitted a memorandum indicating a change to item 8,e, regarding an AB 5 Resolution. Councilmember Maxwell requested that item 8.k. be removed for separate consideration. Motion by Councilmember Hanson to adopt Consent APPROVED Calendar items 8. a. through 8.y. with the removal of item 8.k. for separate consideration. 105 Bakersfield, California, May 15, 2013 - Page 12 CONSENT CALENDAR continued k. Cooperative Agreement with the State of California Department of Transportation (Caltrans) for the Plans, Specifications and Estimate and Right -of -Way phases for the 24th Street Improvement Project, (TRIP) Motion by Councilmember Maxwell to reject the adoption of this agreement, and to wait and review the final environmental impact report. Councilmember Maxwell amended the motion to adopt Consent Calendar Item 8.k. with a restriction that no right -of -ways can be acquired until the final environmental impact report is presented to City Council. Councilmember Maxwell stated for the record that he did not want to change his motion. Councilmember Johnson requested that the City Attorney articulate a motion that accomplishes Councilmember Maxwell's requests. City Attorney Gennaro suggested that Councilmember Maxwell could amend his motion to approve Consent Calendar Item 8,k, with the understanding that no right -of -way will be acquired until staff comes back to the Council and either 1) submits the EIR to City Council for approval or denial, or 2) indicates to the Council that the City has received the early release of funds, whichever occurs f rst. Motion by Councilmember Maxwell to use the language the City Attorney provided, to adopt Consent Calendar Item 8.k. 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public hearing on Resolution of Necessity to determine the public Interest and necessity for acquisition of an easement Interest in a portion of certain real property In southwest Bakersfield (APN #514 - 060 -10) for the construction of a sewer pipeline to be Incorporated Into the City's sewer system, (Staff recommends adoption of Resolution.) ACTION TAKEN AGR 13 -073 APPROVED RES 054 -13 I Bakersfield, California, May 15, 2013 - Page 13 9. CONSENT CALENDAR PUBLIC HEARINGS continued b. Public hearing to consider the Resolution ordering the vacation of the public utilities easement located in a previously vacated alley In Blocks 140 and 141, north of West Sumner Street and east of Golden State Avenue, (Staff recommends adoption of Resolution.) C. General Plan Amendment /Zone Change No. 12 -0469; Quad Knopf, Inc. representing GC Investments, (property owners), has applied for a general plan amendment and zone change on 14.76 acres generally located on the northeast corner of Stockdale Highway and Coffee Road. (Staff recommends adoption of Resolution and first reading of Ordinance.) 1, Resolution adopting the Negative Declaration. 2, Resolution approving the general plan amendment changing the land use designation from HR (High Density Residential) to OC (Office Commercial), 3. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -3 (Multiple Family Dwelling) and R -2 (Limited Multiple Family Dwelling) to C -O (Professional and Administrative Office) d, General Plan Amendment /Zone Change No, 13 -0005; Bolthouse Properties, LLC, (property owner), has applied for a general plan amendment and zone change on 43,97 acres located at the south side of Stockdale Highway, one quarter mile west of South Renfro Road. (Staff recommends adoption of Resolution and first reading of Ordinance.) 1, Resolution adopting a Negative Declaration, 2. Resolution approving the general plan amendment changing the land use designation from HR (High Density Residential) to LR (Low Density Residential) on 43.97 acres. ACTION TAKEN RES 055 -13 RES 056 -13 RES 057 -13 FR RES 058 -13 RES 059 -13 17LYo 1767 Bakersfield, California, May 15, 2013 - Page 14 9. CONSENT CALENDAR PUBLIC HEARINGS continued Item 9.d, continued 3. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -3 (Multiple Family Dwelling) to R -1 (One Family Dwelling) on 43,97 acres. e, General Plan Amendment /Zone Change No, 13 -0006; McIntosh & Associates, representing Black Ops Real Estate III /Matt Wade, (property owner), has applied for a general plan amendment and zone change on approximately 40 acres located at the northeast corner of Noriega Road and Rudd Avenue. (Staff recommends adoption of Resolution and first reading of Ordinance.) ACTION TAKEN FR 1. Resolution adopting the Negative RES 060 -13 Declaration. 2. Resolution approving the general plan RES 061 -13 amendment changing the land use designation from R -IA (Resource - Intensive Agriculture) to LR (Low Density Residential) on approximately 40 acres. 3. First Reading of Ordinance amending FR the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from County A (Exclusive Agriculture) to City R -1 (One Family Dwelling) on approximately 40 acres. City Clerk Gafford announced that a memorandum has been received from staff clarifying that the project area for item 9,c, is located within Ward 2. Consent Calendar Public Hearings Items 9,a, through 9,e, opened at 8:00 p.m. No one spoke. Consent Calendar Public Hearings Items 9,a, through 9.e, closed at 8:00 p.m. Motion by Councilmember Hanson to adopt Consent APPROVED Calendar Public Hearings Items 9.a, through 9.e. I Bakersfield, California, May 15, 2013 - Page 15 10. HEARINGS ACTION TAKEN None, 11. REPORTS a. Legislative and Litigation Committee Report regarding Ownership of Chickens in Urban Residential Neighborhoods. The majority of the Legislative and Litigation Committee recommends making no changes to the existing ordinance pertaining to ownership of chickens in residential zones. City Clerk Gafford announced that staff received three e -mails in support of the majority report and three e -mails in opposition to the majority report, Community Development Director Mclsaac made staff comments, The following individuals spoke in opposition to the majority report of the Legislative and Litigation Committee: Denise Netherton, Adam Netherton, Kimberly Burchett, and Linda Snoddy. Motion by Councilmember Sullivan to approve the FAILED minority report of the Legislative and Litigation NOES WEIR, Committee, with more work to be done and to have MAXWELL, HANSON, the final ordinance come back to be approved by the JOHNSON City Council. Motion by Councilmember Maxwell to approve the APPROVED majority report of the Legislative and litigation NOES SULLIVAN, Committee. SMITH 12. DEFFERED BUSINESS a. Accept bid from Maintenance Equipment, Inc. ($900,869.55), for three replacement mechanical rear broom street sweepers for the Public Works Department, Street Division. (deferred from the meeting of 4117113) Finance Director Smith made staff comments and recommended acceptance of the bid, In response to a question by Councilmember Maxwell, Public Works Director Rojas explained that staff has reviewed the concerns from the bid protest and staff still recommends acceptance of the lowest bid. 1'7b 1 -70-q 12. Bakersfield, California, May 15, 2013 — Page 16 DEFFERED BUSINESS continued Item 12,a. continued At the request of Councilmember Johnson, Matthew Wood, representing Haaker Equipment Company, made comments and requested further review from the City Council before awarding the bid for street sweeper equipment. Motion by Councilmember Johnson to adopt Deferred Business Item 12. a. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Smith expressed his appreciation to City employees for their hard work. Councilmember Smith requested that the Planning and Development Committee review the City's current streets standards to ensure they comply with the new complete streets policy, and he provided examples from other cities. Councilmember Johnson requested that he be provided with a digital copy of the language in the AB 5 Resolution; and would also like the Resolution sent to the author of AB 5 and to the next Chair of the Committee where it is going to be heard. In response to Councilmember Johnson's concern regarding the Pacheco Road ramp closure for the CalTrans SR99 Widening Project, City Manager Tandy explained we are currently waiting on a response from CalTrans on why the City was not notified of the closure. Councilmember Maxwell asked that Police Chief Williamson look into a noise complaint on Verde Street. Councilmember Maxwell requested that Finance Director Smith provide a presentation at the next City Council meeting on the bond project for the Centennial Corridor. ACTION TAKEN APPROVED F11 1-710 Bakersfield, California, May 15, 2013 - Page 17 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Maxwell thanked the following Public Works Traffic Division staff for their professionalism and effort in researching a concern regarding stop signs on 20th and Spruce streets: Nick Fidler, Ryan Starbuck, and John Ussery. Councilmember Maxwell apologized for possibly making the meetings longer by pulling items from Consent Calendar for discussion, but he feels it would make sense to go over every item individually instead of the way it is currently done, and he would prefer there be no staff recommendation placed on the Administrative Reports so the Council can reach their own conclusions. 15. ADJOURNMENT Vice -Mayor Weir adjourned the meeting at 9:19 p.m. VICEMAYOR of the City of rsfield, CA ATTEST: CITY CLERK and Ex Offi i Clerk of the Council of the Ci Bakersfield 1-711 Bt kersfi el d, Ca.l i ferni a, May 15, 2013 -PAGE 18 * ** *THIS PAGE INTENTIONALLY LEFT BLANK * * **