HomeMy WebLinkAbout06/26/13 CC MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 26, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5;15 p,m.
REGULAR MEETING - 5;17 p,m,
1. ROLL CALL
Present; Mayor Hall, Vice -Mayor Weir,
Councilmembers Maxwell, Sullivan,
Johnson
Absent; Councilmembers Smith, Hanson
2. INVOCATION by Councilmember Sullivan,
3. PLEDGE OF ALLEGIANCE by Lucy Thompson, 2nd grade
student at Downtown Elementary School,
4. PRESENTATIONS
a, Presentation by Mayor Hall of certificates
honoring Kern High School District's 2013 First in
Class Students in the Greater Bakersfield area.
Mayor Hall was joined by Counclimember Sullivan for
this presentation, and recognized the following
students and presented them with certificates;
First in Class recipients
• Nora Mansour - Bakersfield High School
• Me! Mel Chan, Heather Hansen, Blanca
Hinojosa, Grace Moore, Joshua White -
Centennial High School
• Charles Hale - East Bakersfield High
School
• Jessica Tejada - Foothill High School
• Brittany Ambrose, Kathryn Cornford,
Isaac Meyer, Chase Privett - Frontier High
School
• Alyssa Chavez, Marcela Gamino, Ivonne
Romero - Golden Valley High School
ACTION TAKEN
1'132
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Bakersfield, California, June 26, 2013 — Page 2
4. PRESENTATIONS ACTION TAKEN
Item 4,a. continued
• Seth Baker, Rodrigo Miranda, Alexander
Pearson, Brlanna Wright, Breanna Young
- Highland High School
• Melanie Alvarez - Independence High
School
• Paige Basconcillo, Vanessa Donasco,
Samuel Oberiles, Erica Pineda, Taylor
Winter - Liberty High School
• Peter Buto - North High School
• Bryan Eid - Ridgeview High School
• Joshua Brinkmann - South High School
• Joshua Cohen, Rock Feng, Brian Liu,
Ankit Patel, Jonathan Pusavat, Michelle
Stanley - Stockdale High School
Mayor Hall recessed the meeting at 5:31 p,m, and
reconvened the meeting at 5:38 p,m.
5. INSTALLATION
a, Resolution accepting the City Clerk's RES075 -13
Certification and declaring the results of the
Special Municipal Election for the election
of Councilmember for Ward 1 held in the
City on June 4, 2011
Motion by Vice -Mayor Weir to adopt the APPROVED
Resolution. AB SMITH, HANSON
b. Administration of Oath of Office, (new
Councilmember seated)
City Clerk Gafford administered the Oath of
Office to P. Willie Rivera,
Councilmember Rivera made comments.
Mayor Hail, and Councilmembers Sullivan,
Johnson and Maxwell, welcomed
Councilmember Rivera to the City Council,
Mayor Hall recognized Supervisor Leticia Perez in
attendance to support Councilmember Rivera; and
the Bakersfield College government class in
attendance to learn about City Government,
Bakersfield, California, June 26, 2013 - Page 3 17, g t'
6. PUBLIC STATEMENTS
a. Susan Bennett, representing Kern Humane
Society, spoke regarding mattresses that have
been dumped in their parking lot at 2111
Brundage Lane, and requested that the City
work with the businesses to resolve the
collection of dumped rubbish,
Public Works Director Rojas advised that he
would look into this matter.
Councilmember Maxwell asked Ms. Bennett to
give him a call, and he would make sure a
follow -up is done to resolve this problem.
b. Bryan Burrow, President and CEO of the
Bakersfield Symphony Orchestra, thanked the
City Council for Its support and investment In
this community.
C. Michael Raney and John Randolph Fendrick
spoke in support of City funding for the
Bakersfield Municipal Park Band.
d. Jess Winters, on behalf of Vision Corps and
Canyon Hills, spoke regarding the upcoming I
Love America Event at Bakersfield College on
July 4th to celebrate our nation's 237 years of
freedom, and encouraged everyone to attend,
e. Jason Cater, Programs Director with Bike
Bakersfield, spoke regarding protecting
neighborhood walkways and encouraged the
City to see these kinds of connections between
neighborhoods as opportunities to create a
more bike friendly community and to designate
recorded easements for certain walkways to
ensure that these connections are kept open
for current and future residents.
f, Douglas McAfee, President of Bakersfield
NORML (National Organization for the Reform
of Marijuana Laws) spoke in support of
collectives operating in Bakersfield.
g, Nora Weber spoke In support of banning all
marijuana dispensaries within the city limits, and
submitted written material,
ACTION TAKEN
1735
Bakersfield, California, June 26, 2013 - Page 4
6. PUBLIC STATEMENTS continued ACTION TAKEN
h. Joe A. Karra spoke regarding the medical
marijuana ordinance,
I. Tom Alexander spoke In support of the medical
marijuana ordinance,
Marc! Davis spoke in opposition to the
marijuana dispensaries.
Phil Ganong, attorney, self - employed business
person and civil rights activist, spoke regarding
the medical marijuana ordinance and
submitted written material,
David Abassl spoke regarding the medical
marijuana ordinance and submitted written
material.
7. CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code Section 54956,9 (d) (1)
regarding Amyra Nicholson, et al, v. City et al.
USDC Case No. 1;08 -CV- 01168- AWI - BAK -SMS.
b. Conference with Labor Negotiator pursuant
to Government Code Section 54957,6
Motion by Vice -Mayor Weir to adjourn to Closed APPROVED
Session at 6.24 p.m. AS SMITH, HANSON
Motion by Vice -Mayor Weir to adjourn from Closed APPROVED
Session at 7:15 p.m. AS SMITH, HANSON
RECONVENED MEETING AT 7:23 p.m.
8. CLOSED SESSION ACTION
a, Conference with Legal Counsel - Existing CITYATTORNEY
Litigation; Closed Session pursuant to WAS GIVEN
Government Code Section 54956,9 (d) (1) DIRECTION
regarding Amyra Nicholson, et al, v. City et al,
USDC Case No. 1;08 -CV- 01168- AWI - BAK -SMS,
b. Conference with Labor Negotiator pursuant NO REPORTABLE
to Government Code Section 54957,6 ACTION
Bakersfield, California, June 26, 2013 - Page 5
9. WORKSHOPS
None,
10. APPOINTMENTS
None.
11. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the June 5, 2013 Regular
City Council Meeting.
Payments:
b. Receive and file department payments from
May 22, 2013, to June 13, 2013, in the amount of
$19,730,913.75 and self- insurance payments
from May 22, 2013, to June 13, 2013, in the
amount of $407,604.96, totaling $20,138,518.71.
Ordinances:
C. Adoption of Ordinance adding Section
17.04.463 and amending Section 17.08.050 of
the Municipal Code relating to Medical
Marijuana Dispensaries. (FR 06105113)
d. Adoption of Ordinance amending Section
14.04.120 of the Municipal Code relating to
Rates and Fees. (FR 06105113)
e. Adoption 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) on 14.76 acres located at
northeast corner of Stockdale Highway and
Coffee Road. (ZC # 12 -0469, Quad Knopf, Inc.,
representing GC Investments, the property
owners). (FR 05115113)
f. Adoption 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 located along the south side of
Stockdale Highway, approximately one quarter
mile west of South Renfro Road. (ZC # 13 -0005,
Bolthouse Properties, LLC, the property owners).
(FR 05115113)
ACTION TAKEN
ORD 4731
ASS RIVERA
ORD 4732
ASS RIVERA
ORD 4733
ASS RIVERA
ORD 4734
ASS RIVERA
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Bakersfield, California, June 26, 2013 - Page 6
CONSENT CALENDAR continued
g. Adoption of Ordinance amending 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 located at
the northeast corner of Norlega Road and
Rudd Avenue, (ZC # 13 -0006, McIntosh &
Associates, representing Black Ops Real Estate
III /Matt Wade, the property owner),
(FR 05/15/13)
Resolutions:
h, 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 the demolishment
of dangerous buildings and authorizing
collection of the assessments by the Kern
County Tax Collector,
i, Resolutions Setting Salaries and Related
Benefits:
1. Resolution approving the Memorandum
of Understanding setting salaries and
related benefits for the Firefighters and
Engineers Unit of the Fire Department,
2. Resolution approving the Memorandum
of Understanding setting salaries and
related benefits for the Fire Supervisory
Unit of the Fire Department,
Resolution approving the Memorandum
of Understanding setting salaries and
related benefits for employees in the
Blue and White Collar Units,
k, Resolution setting salaries and related benefits
for Officers and Employees of the General
Supervisory, Police Supervisory and
Management Units.
ACTION TAKEN
ORD 4735
ABS RIVERA
RES 076 -13
RES 077 -13
RES 078 -13
RES 079 -13
RES 080 -13
Bakersfield, California, June 26, 2013 - Page 7
11. CONSENT CALENDAR continued
Resolutions regarding Employer Paid Member
Contributions:
Resolution modifying paying and
reporting the value of Employer Paid
Member Contributions with Time -In-
Grade Exceptions for Police Safety
Supervisory (Sergeants) Class.
2. Resolution modifying paying and
reporting the value of Employer Paid
Member Contributions with Time -In-
Grade Exceptions for Fire Safety and Fire
Supervisory Class,
M. Resolution dispensing with bidding procedures
due to emergency repairs required for the Ice
Rack at the Rabobank Arena and authorizing
ACCO Engineered Systems, Inc., to perform
necessary repairs, not to exceed $30,000.
n, 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. 1753 adding Area 3 -89 (north of
NWC of Harris Road and Buena Vista
Road)
2. ROI No, 1754 adding Area 4 -115 (422
Oak Street)
Agreements:
o. Cooperative Agreement with the Bureau of
Land Management for fire protection in areas
within the City and the Bureau of Land
Management as defined in the annual
operating plan,
P. Agreement with and indemnification of
Albertsons to allow City to utilize a vacant lot at
the southwest corner of Stockdale Highway
and Buena Vista Road on July 4, 2013 to
accommodate additional parking for the
Fourth of July Event at The Park at River Walk,
ACTION TAKEN
RES 081 -13
RES 082 -13
RES 083 -13
ROI 1753
ROI 1754
AGR 13 -096
AGR 13 -097
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Bakersfield, California, June 26, 2013 - Page 8
CONSENT CALENDAR continued ACTION TAKEN
q. Consultant Agreement with Millennium AGR 13 -098
Consulting Associates ($75,000) for on -call
asbestos survey services.
r. Consultant Agreements with the following for
providing on -call engineering and surveying
services for non - federally funded Capital
Improvements Projects during Fiscal Years 2013-
2014 and 2014 -2015:
1. Meyer Civil Engineering, Inc. (not to AGR 13 -099
exceed $300,000).
2. Quad Knopf, Inc. (not to exceed AGR 13 -100
$300,000).
3. Ruettgers & Schuler Civil Engineers (not AGR 13 -101
to exceed $300,000).
Amendment No. 1 to Agreement No, PW 12 -117 AGR 13 -102
with PLCs Plus International, Inc. ($40,000;
revised not to exceed $80,000), to extend term
of agreement and Increase compensation for
servicing the City's SCADA (Supervisory Control
and Data Acquisition) system for sewer and
storm lift stations.
Amendment No. 6 to Agreement No, 07 -082 AGR 07- 082(6)
with AECOM USA, INC. ($319,699 for new
services for Phase 6C and $99,774 for
continuation of services for Phase 2, totaling
$419,473; revised not to exceed $17,026,157:
amendment funded with traffic Impact fees),
for engineering design services for the Westside
Parkway Project. (TRIP)
U. Amendments to the following On -Call Civil
Engineering and Surveying Agreements
extending term one year to June 30, 2014 (no
change in not -to- exceed compensation
amounts):
1. Amendment No. 2 to Agreement AGR 10- 086(2)
No. 10 -086 with AECOM Technical
Services, Inc.
2. Amendment No. 2 to Agreement AGR 10- 087(2)
No. 10 -087 with Meyer Civil Engineering,
Inc.
11.
Bakersfield, California, June 26, 2013 — Page 9
CONSENT CALENDAR continued ACTION TAKEN
Item 11,u, continued
3, Amendment No. 2 to Agreement AGR 10- 088(2)
No. 10 -088 with Ruettgers & Schuler Civil
Engineers.
Bids:
V. Accept base bid and approve contract with AGR 13 -103
Courts & Greens ($41,458), for Patriots Park
Shade Structure Project,
W. Reject all bids for recoating the Rooftop Parking
Decks at the Community Development
Building,
Miscellaneous:
X. Appropriate $80,000 additional plan check
revenue to the Public Works Department's
operating budget within the Development
Services Fund for plan check engineering
services.
Successor Agency Business:
Y. Receive and file Successor Agency payments
from May 22, 2013, to June 13, 2013, in the
amount of $332,749.08.
Assistant City Clerk Drimakis announced that the
Clerk's Office has received correspondence, as well
as 17 phone calls in opposition to staff's
recommendation on Item l l.c., and a protest letter
for Item l 1,w., and there is also a correction to Item
I l .n., which had an incorrect Ward 7 designation,
which should be Ward 5.
Councilmember Rivera announced that he would
abstain, due to not participating in the public hearings
as a Councilmember, on items 11.c., 11.d., 11.e., 111,
and 11.g., and that he wished to vote yes on the
balance of the Consent Calendar items.
Councilmember Rivera left the Chamber at this time.
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar items 11.a. through l 1.y. AB SMITH, HANSON
Councilmember Rivera returned to the Chamber at
this time,
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12.
13.
Bakersfield, California, June 26, 2013 - Page 10
CONSENT CALENDAR PUBLIC HEARINGS
None.
HEARINGS
a, Public Hearing to consider the Resolution
ordering the vacation of the alley located
south of Dorian Drive, east of Laurel Drive and
west of S. Chester Avenue,
Public Works Director Rojas made staff
comments and recommended adoption of the
Resolution.
Hearing opened at 7:28 p,m.
No one spoke in opposition to the staff
recommendation.
Mohamed Huzalbl spoke In support of the staff
recommendation and thanked the City
Council,
Hearing closed at 7:29 p,m,
Motion by Councilmember Rivera to adopt the
Resolution.
14. REPORTS
None.
15. DEFERRED BUSINESS
a, Fiscal Year 2013 -14 Budget:
1, Resolution approving and adopting the
City's Operating and Capital
Improvement Budgets, as amended,
2. Resolution establishing the City's
appropriatlons Iimit,
Councilmember Rivera announced that he would
abstain, due to not participating in the public hearing
as a Councilmember, on this item.
Councilmember Rivera left the Chamber at this time.
Administrative Analyst Huot made staff comments and
recommended adoption of the resolutions with the
amendments as set forth in Exhibit A attached to the
staff report.
ACTION TAKEN
RES 084 -13
APRROVED
AB SMITH, HANSON
RES 085 -13
RES 086 -13
Bakersfield, California, June 26, 2013 - Page 11
15. DEFERRED BUSINESS continued
Item 15,a, continued
Councilmember Johnson requested that the budget
be approved with the caveat that for future requests
the Beale Park Band either get their own tax ID; or that
the request be made through the Symphony; or that
they produce an MOU with the Symphony that reflects
how the money flows from the Symphony to the Beale
Park Band.
Vice -Mayor Weir asked Councilmember Johnson to
withdraw his motion, and he recommended
combining the money and give all of it to the
Symphony with the note that $5,000 is designated for
the Beale Park Band, and when the Symphony is
satisfied that those funds will be used for the
appropriate purpose, at that point it would disburse
the money to the Beale Park Band, and for future City
funds, the Beale Park Band needs to get their
organization in place.
Councilmember Johnson advised he was in favor of
Vice -Mayor Weir's recommendation.
Motion by Vice -Mayor Weir to adopt staff's
recommendation on 15. a., items 1. and 2., with the
amendments suggested.
16. NEW BUSINESS
None.
17. COUNCIL AND MAYOR STATEMENTS
Councllmember Rivera returned to the Chamber at
this time.
Councllmember Maxwell asked the City Attorney to
look into and report back about the possibility of
restricting operational hours of internet cafes.
Councilmember Maxwell complimented Associate
Attorney Iger on a well - written letter to Senator Darrell
Steinberg opposing SB 439 concerning medical
marijuana.
Councilmember Maxwell asked that the Community
Services Committee look into ways to use
discretionary funds through the proper channels for
Amber Beeson's services as a consultant to provide a
cost - effective way to make Bakersfield more beautiful.
ACTION TAKEN
APPROVED
ASS RIVERA
AB SMITH, HANSON
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1743 Bakersfield, California, June 26, 2013 - Page 12
17. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Johnson welcomed Councilmember
Rivera and congratulated Administrative Analyst Huot
on the budget,
Councilmember Johnson advised that a wall in Stone
Creek along Akers has been hit and asked Recreation
and Parks Director Hoover to provide an update as to
when it might be repaired.
Vice -Mayor Weir welcomed and congratulated
Councilmember Rivera, and wished him good luck
and good success.
Vice -Mayor Weir asked that the roads program
funding issue be referred to the Budget and Finance
Committee, and that staff provide background and
other information on the calculations and how the
numbers are derived, and other relevant
information.
Councilmember Rivera reiterated his excitement and
happiness to be on the Council, thanked staff for their
help over the past few weeks, and indicated he looks
forward to working with the Council,
Mayor Hall announced that two community gardens
are having their grand openings and encouraged the
Councilmembers to attend the following: July 2 ^d,
10:30 a.m., at 4"h and Eye streets; and July 6m, 11:00
a.m., at Jonah and Langston. Additionally, he pointed
out that a group of 30 students from Lincoln, Nebraska,
was here on a community service project and put
down 100 vegetable plants, and trenched and
irrigated everything at the community garden at
Jonah and Langston.
18. ADJOURNMENT
Mayor Hall adjou
ATTEST;
r
CI Y CLERK and Ex Officlb Clerk of
the Council of the City of Bakersfield