HomeMy WebLinkAbout03/09/11 CC MINUTES1135
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 9, 2011
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m. ACTION TAKEN
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Couch,
Councilmembers Salas, Benham, Weir,
Hanson, Sullivan, Johnson
Absent: None
2. INVOCATION by Pastor Vincent Jones, People's
Church.
3. PLEDGE OF ALLEGIANCE by Ruben Cortez, 5m grade
student at Noble Elementary School.
City Clerk Gafford announced that Closed Session Item 9.a.
has been pulled from tonight's Agenda at the request of the
City Attorney.
Mayor Hall acknowledged the political science classes from
California State University, Bakersfield, and Bakersfield
College in attendance at the meeting to learn about City
government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Gary Lockhart, declaring April 2, 2011 Scottish
Gathering and Games Day.
Mr. Lockhart was not in attendance; presentation was
not made,
4.
5
6.
7.
8.
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Bakersfield, California, March 9, 2011 - Page 2
PRESENTATIONS continued
b. Presentation by Mayor Hall of a Proclamation to
Principal Mark Wyatt, Bakersfield Adult School,
declaring March 28 - April 1, 2011 Adult
Education Week.
Mr. Wyatt accepted the Proclamation, made
comments, and introduced Assistant Principal of
Instruction, Jody Lefler.
PUBLIC STATEMENTS
a. Hilary Baird, spoke in opposition to the State of
California taking redevelopment agency funds,
and urged everyone to sign a petition to save
redevelopment agencies.
b. Jimmy laccino spoke regarding a neighbor's
barking dog and submitted written material.
Councilmember Sullivan referred this matter to the
Legislative and Litigation Committee to evaluate and
determine if special circumstances can be imposed.
C. Mary Helen Barro spoke regarding
redevelopment, and suggested that all the
inmates in the California prisons and jails, be
given generic medicines, which would save
the State millions of dollars.
WORKSHOPS
None.
APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 16, 2011
Regular City Council Meeting.
Payments:
b. Approval of department payments from
February 4, 2011 to February 24, 2011 in
the amount of $16,801,027.96 and self-
insurance payments from February 4, 2011 to
February 24, 2011 in the amount of $460,445.44.
ACTION TAKEN
ABS WEIR, JOHNSON
i
Bakersfield, California, March 9, 2011 - Page 3 13
8. CONSENT CALENDAR continued ACTION TAKEN
Ordinances:
C. First Reading of Ordinance amending Municipal FR
Code Sections 1. 12.040 and 1. 12.070 by adding
Annexation No. 601 consisting of 19.72 acres
located at the southeast corner of Hageman
Road and Allen Road to Ward 4 and
Annexation No. 606 consisting of 5.7 acres
located along the south side of McKee Road,
between Ellashosh Street and State Route 99 to
Ward 7.
d. Adoption of Ordinance amending Section ORD 4641
17.10.040 of the Municipal Code (R-1 One-
Family Dwelling Zone) reducing the front yard
from 25 feet to 20 feet; and, Section
17.61.032 13.6. (Landscape Standards) adding
language related to landscaping along slopes.
(FR 02116111)
e. Adoption of Ordinance approving the ORD 4642
Negative Declaration and amending the
Official Zoning Map in Title 17 of the Municipal
Code from R-1 (One Family Dwelling) to
R-2/PUD (Limited Multiple Family
Dwelling/Planned Unit Development) on 19.45
acres located along the north side of Kern
Canyon Road (State Highway 184)
approximately 2,000 feet southwest of the
intersection of Kern Canyon Road and State
Highway 178 (ZC 10-0479) (Applicant-Hendricks
Engineering/Property Owner-Mesa Marin, LLC).
(FR 02116111)
f. Adoption of Ordinance approving the ORD 4643
Negative Declaration and amending the
Official Zoning Map in Title 17 of the Municipal
Code from R-1 (Single Family Dwelling) to R-2
(Limited Multiple Family Dwelling) on 7.81 acres,
C-O (Professional and Administration Office) on
5.89 acres and C-2 (Regional Commercial) on
3.64 acres located north of Taff Highway (State
Route 119) and west of Wible Road.
(ZC 10-0488) (Applicant-Scott
Underhill/Property Owner-Wible Investors, ll, LLC
et al) (FR 02116111)
Bakersfield, California, March 9, 2011 - Page 4
CONSENT CALENDAR continued
8
g. California Public Employees' Retirement System
(CalPERS):
Adoption of Ordinance authorizing an
amendment to the contract with
CalPERS. (FR 02/2/11)
2. Amendment No. 7 to Agreement
No. 97-39 with CalPERS Board of
Administration to provide Section 21548
(Pre-retirement Option 2W Death
Benefit) for local fire members and
Section 20475 (Different Level of
Benefits). Section 21362 (2% @ 50 Full
Formula) and Section 20037 (Three-Year
Final Compensation) for local safety
members entering membership for the
first time in the safety classification after
the effective date of this amendment.
Resolutions:
h, Resolution amending the boundaries of the City
Domestic Water Service Area.
Resolution approving the City's designation of
agent for California Office of Emergency
Services Applications (OES Form 130).
Resolution to add territory, Area 2-46 (4701 Stine
Road) to the Consolidated Maintenance
District and approving, confirming and
adopting the Public Works Director's Report
and authorizing collection of assessments by
the Kern County Tax Collector.
k. Acquisition of Kern River Properties located
along or in the Kern River Channel:
Resolution authorizing Water Resources
Manager to acquire certain Kern River
properties, as they become available, to
carry out the goals of the City's
adopted Kern River Parkway Plan.
ACTION TAKEN
ORD 4644
AGR 97-39(7)
RES 022-11
RES 023-11
RES 024-I1
RES 025-11
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Bakersfield, California, March 9, 2011 - Page 5
8.
CONSENT CALENDAR continued ACTION TAKEN
Item 8.k. continued
2. Appropriate $150,000 Agricultural Water
Fund Balance to the Water Resources
Capital Improvement Budget to allow
the Water Resources Manager to make
deposits or down payments to acquire
certain Kern River Properties.
Proto II Block Wall on Panorama Drive between
Masterson Street and Vineland Road Project:
Resolution dispensing with formal bidding RES 026-11
procedures to complete Proto II block
wall on Panorama Drive between
Masterson Street and Vineland Road, not
to exceed $130,000.
2. Agreement with Parsam Construction AGR 11-020
(not to exceed $130,000) to complete
project.
Agreements:
M. Agreement with County of Kern regarding AGR 11-021
apportionment of tax revenues upon ABS WEIR
annexation of territory to the City known as
Annexation No. 620 generally located along
the north side of Rosedale Highway, between
Verdugo Lane and Calloway Drive.
n. Amendment No. 1 to Agreement No. 09-163 AGR 09-163(1)
with Soils Engineering, Inc. ($370,000; revised not
to exceed $818,375) for material testing services
for various construction projects for calendar
years 2008 & 2009. (ARRA)
AGR 08-107(1)
o. Amendment No. 1 to Agreement No. 08-107
with Kern County Water Agency ($212,500) to
provide oversight during the design and
construction of the Westside Parkway Phase 4 -
Cross Valley Canal box culvert (TRIP).
P. Amendment No. 1 to Agreement No. 97-74 with AGR 97-74(1)
the Bakersfield Redevelopment Agency,
increasing the annual debt payment the
Agency pays regarding the debt service of the
Arena and Convention Center from $1.2 million
annually to a not to exceed amount of $1.7
million per year beginning in the 2011-12 Fiscal
Year.
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Bakersfield, California, March 9, 2011 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
q. Homelessness Prevention Services and Rapid
Re-housing Services (HPRP):
Amendment No. 3 to Agreement
No. 09-126 with Bethany Services/
Bakersfield Homeless Center to allow the
reallocation of $6,500 from the Financial
Assistance line item to Data Collection
and Evaluation.
2. Amendment No. 3 to Agreement
No. 09-127 with Bethany Services/
Bakersfield Homeless Center to allow the
reallocation of $6,500 from the Financial
Assistance line item to Data Collection
and Evaluation.
r. Amendment No. 3 to Agreement No. 07-085
with Stinson's Stationers, Inc. ($350,000; revised
not to exceed $1,050,000 and extends term 1
year) for office supplies.
S. Contract Change Order No. 1 to Agreement
No. 10-152 with Security Paving, Inc. ($27,408.75;
revised not to exceed $2,132,279.25) for the
Street Improvements: McCutchen Road from
Gosford Road to Ashe Road & Waterline
Extension to Wastewater Treatment Plant No. 3
Project.
Contract Change Order No. 1 to Agreement
No. 10-164 with West Coast Structures
($23,064.18; revised not to exceed $305,777.15)
for the Bridge Rehabilitation: Manor Street
Bridge at Carrier Canal & Union Avenue
Overhead Over UPRR Project.
U. Contract Change Order Nos. 7 - 9 to
Agreement No. 09-121 with Klassen Corp.
($31,351.01; revised not to exceed
$6,874,727.58) for the Sports Village Phase I
Project.
V. Contract Change Order No. 3 to Agreement
No. 10-079 with JO-SH General Engineering, Inc.
($28,492.67; revised not to exceed $904,205.77)
for adjustment of water main installations as a
result of utility conflicts at various locations
within the project.
AGR 09-126(3)
AGR 09-127(3)
AGR 07-085(3)
AGR 10-152
CCOi
AGR 10-164
CCO 1
AGR 09-121
0007, 0008, 0009
AGR 10-079
0003
8.
Bakersfield, California, March 9, 2011 - Page 7
CONSENT CALENDAR continued ACTION TAKEN
Bids:
W. Accept base bid plus additive alternate and
AGR 11-022
approve contract with Nishikawa Property
Maintenance, Inc. (not to exceed $268,266 -
3 year term) for the maintenance and field
preparation of Mesa Marin Sports Complex.
X. Accept bid from Dell Marketing, L.P.
($79,102.81) for a storage area network system
for the Information Technologies Division.
Y. Accept bids and approve contracts with
AGR 11-023
AGR 11-024
Ironman Parts & Services ($98,522.75),
AGR 11-025
Diesel Exhaust & Emissions, LLC ($41,993.27) and
A-Z Bus Sales ($26,850) to furnish and install
diesel particulate filters on 14 City vehicles in
order to comply with air quality standards (total
bid $167,336.02).
Z. Accept bid and approve contract to
AGR 11-026
Turnupseed Electric Service, Inc ($49,500) for
the exterior soffit replacement at Bakersfield
Convention Center.
Miscellaneous:
aa. Appropriate $6,141 contribution revenue from
the Convention and Visitors Bureau Hotel
Partners to the Transient Occupancy Tax Fund
Operating Budget to fund participation in trade
shows promoting the City as a convention and
travel destination.
bb. Appropriate $5,160 Other State Shared
Revenues from the Kern County Remote
Access Network (RAN) to the General Fund
Police Operating Budget to purchase one
SAFEFUME cyanocrylate (superglue) fuming
chamber for the BPD Crime Scene Unit for
obtaining latent prints from non-porous items of
evidence.
CC. Appropriate $1,820 contribution from Kern
Community Foundation made through the
Bakersfield Foundation to the Recreation and
Parks Department Operating Budget within the
General Fund for the Adopt-a-Bench program
provided at the Kern River Parkway.
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Bakersfield, California, March 9, 2011 - Page 8
8. CONSENT CALENDAR continued
Councilmember Weir announced he would abstain
due to conflict of interest, source of income to himself,
on items 8.b. and 8.m.
Councilmember Johnson announced he would
abstain due to conflict of interest, source of income to
himself, on item 8.b.
Motion by Vice-Mayor Couch to adopt Consent
Calendar items 8.a. through 8. cc.
9. CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9
regarding City v. Wanamaker, et al - KCSC
Case No. S-1500-CV-269940 SPC.
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. (One matter)
Motion by Vice-Mayor Couch to adjourn to Closed
Session at 5.32 p.m.
Motion by Councilmember Benham to adjourn from
Closed Session at 5:56 p.m.
RECONVENED MEETING AT 6:07 p.m.
Vice-Mayor Couch announced he would abstain
due to conflict of interest, potential source of income
to himself and his employer, on Consent Calendar
Public Hearings items 11.a. and l l.b., and New
Business item 14.a., and he left the Council Chamber.
10. CLOSED SESSION ACTION
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. (One matter)
City Attorney Gennaro noted for the record that
Councilmember Johnson recused himself from Closed
Session due to a potential conflict of interest.
ACTION TAKEN
APPROVED
REMOVED
APPROVED
APPROVED
NO REPORTABLE
ACTION
ABS JOHNSON
J
t t±
Bakersfield, California, March 9, 2011 - Page 9
11. CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN
a. Public Hearing to consider Resolution adding SENT TO HEARINGS
territory, Area 4-99 (Q Street) to the
Consolidated Maintenance District and
preliminarily approving, confirming and
adopting the Public Works Director's Report.
(Staff recommends adoption of resolution.)
City Clerk Gafford announced that the total ballots
mailed for this Hearing were 106. The total ballots
received to date were 68, with 35 "yes" ballots and 33
"no" ballots.
b. Public Hearing to consider Resolution adding SENT TO HEARINGS
territory, Area 4-100 (Mill Creek) to the
Consolidated Maintenance District and
preliminarily approving, confirming and
adopting the Public Works Director's Report.
(Staff recommends adoption of resolution.)
City Clerk Gafford announced that the total ballots
mailed for this Hearing were 20. The total ballots
received were 7, with 4 "yes" ballots and 3 "no"
ballots.
City Clerk Gafford announced that if anyone wished
to submit a ballot without making a public statement,
they should bring it to the Clerk at this time.
No new ballots were submitted.
City Manager Tandy made staff comments.
Consent Calendar Public Hearings opened at
6:14 p.m.
Darrel Lum requested Consent Calendar Public
Hearings item l ].a. be sent to Hearings.
G. J. Zala requested Consent Calendar Public
Hearings item l I .b. be sent to Hearings.
Bakersfield, California, March 9, 2011 - Page 10
12. HEARINGS ACTION TAKEN
a. Public Hearing to consider Resolution adding RES 027-11
territory, Area 4-99 (Q Street) to the
Consolidated Maintenance District and
preliminarily approving, confirming and
adopting the Public Works Director's Report.
(Staff recommends adoption of resolution.)
Hearing opened at 6:18 p.m.
G. J. Zala, owner of the Best Western Hill House, spoke
in opposition to the staff recommendation.
Darrel Lum, property owner of 2311 R Street, spoke in
opposition to the staff recommendation.
Hearing closed at 6:20 p.m.
Motion by Councilmember Benham to adopt the APPROVED
Resolution, with the amendment to the assessment on ABS COUCH
the Assistance League property to reflect $103.13
annually.
b. Public Hearing to consider Resolution adding RES 028-11
territory, Area 4-100 (Mill Creek) to the
Consolidated Maintenance District and
preliminarily approving, confirming and
adopting the Public Works Director's Report.
(Staff recommends adoption of resolution.)
Hearing opened at 6:22 p.m.
G. J. Zala, owner of the Best Western Hill House, spoke
in opposition of the staff recommendation, and
mentioned his concerns regarding the increased
crime around the hotel property.
Hearing closed at 6:24 p.m.
Councilmember Benham asked staff to contact the
owner of the Hill House to make sure that everything
that the City can do to help them with crime
prevention is being done.
Motion by Councilmember Benham to adopt the APPROVED
Resolution. ABS COUCH
Bakersfield, California, March 9, 2011 - Page 11
13.
DEFERRED BUSINESS
ACTION TAKEN
14.
None.
NEW BUSINESS
a, Transfer of Redevelopment Agency properties:
Resolution approving Cooperation
Agreement with Bakersfield
Redevelopment Agency regarding the
transfer of certain Agency-owned
properties to the City in accordance
with California Redevelopment Law.
2. Cooperation Agreement with Bakersfield
Redevelopment Agency for transfer of
certain properties owned by the
Bakersfield Redevelopment Agency to
the City and authorization of the City to
act as the Agent of the Agency in the
disposition and redevelopment of said
properties pursuant to California
Redevelopment Law.
L Economic Development Director Kunz made staff
comments and recommended adoption of resolution
and approval of agreement.
Larry Koman, Bakersfield Redevelopment Agency
Chairperson, spoke in support of staff's
recommendation.
Motion by Councilmember Benham to adopt the
Resolution and approve the Agreement.
Mayor Hall acknowledged Boy Scout Troop 317 in
attendance at the meeting to learn about City government.
Vice-Mayor Couch returned to the Council Chamber.
15. REPORTS
a. City Council Goals Update.
Assistant to the City Manager Smiley made staff
comments and gave a PowerPoint presentation.
RES 029-11
AGR 11-027
APPROVED
ABS COUCH
' 4S
Bakersfield, California, March 9, 2011 - Page 12
16. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN
Councilmember Benham asked staff to check on a
code enforcement issue at 2118 E Street.
Councilmember Benham asked staff to take a look at
1830 2nd Street regarding continuing problems with
standing water at that location.
Councilmember Benham asked staff to check into a
referral from a citizen regarding some safety concerns
and improvement suggestions at the Garces Circle
intersection with 30", Street.
Councilmember Salas thanked everyone who joined
him earlier in the day for his first online live interactive
chat session via his website.
Councilmember Salas asked staff to check on a graffiti
issue at the corner of Belle Terrace and Chester
Avenue.
Councilmember Salas asked staff to take a look at a
code enforcement issue on Kyner Avenue next to
Stiern Park.
17. ADJOURNMENT
Mayor Hall adjourned the m"ting
of the City of Bakersfield,
ATTEST;
CITY CLERK and Ex Offi lerk of
the Council of the City o Bakersfield