HomeMy WebLinkAbout03/30/11 CC MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 30, 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
City Clerk Gafford announced that, at the request of the City
Attorney, Closed Session Item 10.a. has been pulled from
tonight's Agenda.
2. INVOCATION by Reverend Antonio Alfred, St. John's
Missionary Baptist Church.
3. PLEDGE OF ALLEGIANCE by Alyssa Burton, 6th grade
student at Patriot Elementary School.
Mayor Hall acknowledged the communications class from
California State University, Bakersfield, and the political
science class from Bakersfield College in attendance at the
meeting to learn about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Bob Lerude, Chairperson, Keep Bakersfield
Beautiful Committee, declaring April 9, 2011,
Great American Cleanup Day.
Mr. Lerude was not in attendance; therefore, John
Enriquez, Keep California Beautiful and Keep
Bakersfield Beautiful board member, accepted the
Proclamation, made comments and introduced Ray
Scott, Keep Bakersfield Beautiful board member and
coordinator of the Bakersfield Green Expo, who also
made comments.
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Bakersfield, California, March 30, 2011 - Page 2
4. PRESENTATIONS continued ACTION TAKEN
b. Presentation by Mayor Hall of a Proclamation to
Judy Normoyle, declaring April 2011,
National Donate Life Month.
Ms. Normoyle accepted the Proclamation, made
comments, and submitted written material,
5. PUBLIC STATEMENTS
a. Jimmy laccino spoke regarding quality of life
and a neighbor's barking dog; and submitted
written material.
Councilmember Sullivan asked staff to call and
advise her regarding what the City can do and how
far it can go to resolve this issue.
Vice-Mayor Couch suggested having Animal Control
staff available during the early hours when the dog is
barking.
City Attorney Gennaro advised that this matter has
been referred to the Legislative and Litigation
Committee and will be dealing with it the next time
they meet; and also suggested that Mr. laccino
contact a private attorney.
Councilmember Benham advised that, at the last
meeting when this matter came up and the referral
was made to Legislative and Litigation Committee,
she made an inquiry about getting someone out there
to work on this matter in the meantime, and if staff has
some idea for addressing and investigating this
particular situation, it would be helpful for Council to
know in advance of the next Legislative and Litigation
Committee meeting.
City Manager Tandy responded that it is not so much
a constraint on the City's ability to send personnel out
on overtime as it is the effectiveness of doing that,
because the dog is not always barking at the time
staff arrives at the residence, and the City can't really
afford to station people, but will give it a try in the
interim period.
Bakersfield, California, March 30, 2011 - Page 3
5. PUBLIC STATEMENTS continued ACTION TAKEN
b. Roger Sanchez, from Bakersfield College, spoke
regarding the Hands Across California event
taking place at Noon on April 17th, in support of
California community colleges, invited the
Mayor and Council to come out and support
the event, and submitted written material.
C. Louis Gill, Executive Director of the Bakersfield
Homeless Center, provided an update on
homeless prevention and rapid re-housing, and
submitted written material.
6. WORKSHOPS
None.
7. APPOINTMENTS
a. One appointment to the Historic Preservation
Commission due to the expiration of term of
Nancy Talbot, whose term expires March 30,
2011.
City Clerk Gafford announced six applications were
received, including one from the incumbent.
Councilmember Weir announced he would abstain
due to conflict of interest, source of income to himself,
on Item 7.
Mayor Hall announced ballots will be used, the
outcome of the vote will be made public by the City
Clerk, and, following the meeting, the individual
ballots will be available for public view in the City
Clerk's Office.
City Clerk Gafford announced there was a tie vote for
Ms. Talbot and Mrs. Icardo, and passed out new
ballots for another vote.
City Clerk Gafford announced the individual receiving
the highest number of points for the 3-year position is
Mrs. Icardo.
Motion by Vice-Mayor Couch to appoint Cynthia APPROVED
Icardo to a 3-year term on the Historic Preservation ABS WEIR
Commission.
11.1 Bakersfield, California, March 30, 2011 - Page 4
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 9, 2011
Regular City Council Meeting.
Payments:
b. Approval of department payments from
February 25, 2011 to March 17, 2011 in the
amount of $21,870,986.89 and self-insurance
payments from February 25, 2011 to March 17,
2011 in the amount of $325,620.46.
Ordinances:
C. Adoption of Ordinance amending Municipal
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. (FR 03109111)
Resolutions:
d. Sewer connection and construction fees
assessments for 125 Dunlap Street:
Resolution confirming assessments for
sewer connection and construction fees
and authorizing collection of
assessments by the Kern County Tax
Collector.
2. Agreement with Cathy A. White (aka
Cathy A. Jestice) to pay sewer
connection and construction fees in
installments and notice of special
assessment lien.
e. 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 authorize
collection of the assessments by the Kern
County Tax Collector.
ACTION TAKEN
ABS WEIR, JOHNSON
ORD 4645
RES 030-11
AGR 11-028
RES 031-11
Bakersfield, California, March 30, 2011 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
CHP Arrive Alive Sober Driving Coalition II:
1. Resolution authorizing the Police
Department to amend the partnership
entered into with the CHP, by
Memorandum of Understanding, to
participate in the grant funded CHP
Arrive Alive Sober Driving Coalition ll,
Bakersfield Eastside DUI Corridor Safety
Project, Grant No. AL10109.
2. Appropriate $23,000 Federal Grant
Revenues (Arrive Alive Sober Driving
Coalition II, Bakersfield Eastside Coalition
ll, Bakersfield Eastside DUI Corridor Safety
Project, Office of Traffic Safety Grant
No. AL10109) to the General Fund Police
Operating Budget to fund overtime for
traffic enforcement strategies along
State Routes 178 and 58 within the
greater Bakersfield area.
Agreements:
g. Agreement with Connors Concessions (3 year
term) to provide concession services at Mesa
Marin Sports Complex.
h. Agreement with State of California Department
of Transportation to relinquish State Route 178
(24th Street) in advance of construction of the
24th Street Improvement Project, from the
western side of the Kern River Bridge, located
west of Oak Street and continuing east to M
Street. (TRIP)
I. Agreement with Brown Armstrong Paulden
McCown Starbuck Thornburgh & Keeter
($60,989) for full scope annual audit of the
2010-11 fiscal year.
Amendment No. 1 to Agreement No. 11-003
with Griswold, LaSalle, Cobb, Dowd & Gin, LLP
(not to exceed $180,000) for outside legal
services for City v. Wanamaker, et al., KCSC
Case No. S-1500-CV-264881 SPC and City v.
Wanamaker, et al., KCSC Case
No. S-1500-CV-269940 SPC.
RES 073-10(1)
AGR 11-029
AGR 11-030
AGR 11-031
AGR 11-003(1)
Bakersfield, California, March 30, 2011 - Page 6
8. CONSENT CALENDAR continued
Contract Change Order Nos. 1 and 2 to
Agreement No. ED] 1-002 with Housley
Demolition Excavation ($17,099; revised not to
exceed $38,779) for the Downtown Demolition
Project - 700 California Avenue and 1231 R
Street.
Bids:
1. Accept bid from Johnson Equipment Co.
($71,439.15) for 30 light bars and siren controllers
for the Police Department.
M. Accept bid and approve annual contract with
San Joaquin Fence & Supply (not to exceed
$324,002.90) for installed fencing.
n. Accept bid and approve contract with Griffith
Co. ($323,799) for traffic signal and lighting
system installation on Panama Lane at Old River
Road.
o. Pavement Rehabilitation 2010 Phase 2 - Stine
Road from Panama Lane to Pacheco Road;
Accept bid and approve contract with
Bowman Asphalt, Inc. ($2,437,132.30).
2. Appropriate $400,000 additional gas tax
revenues to the Public Works
Department Capital Improvement
Budget within the Gas Tax Fund.
P. Accept bid and approve contract with GSE
Construction Co. Inc. ($4,688,000) for
construction of the Wastewater Treatment Plant
No. 2 Septage and Grease Receiving Station
and Odor Control Project.
q. Accept base bid and additive alternates Nos. 1
and 2, and approve contract with Loop
Electric, Inc. ($684,334) for Installation of Traffic
Signal Interconnect - Part 8 Project.
Miscellaneous:
Appropriate $75,443.83 County Grant Revenues
(HIDTA) to the Police Department Operating
Budget within the General Fund toward the
cost of surveillance equipment.
ACTION TAKEN
AGR ED 1 l -002
CCO 1, 0002
AGR 11-032
AGR 11-033
AGR 11-034
AGR 11-035
AGR 11-036
Bakersfield, California, March 30, 2011 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
S. Street Maintenance Program:
Appropriate $1,474,074 Gas Tax Fund
balance (State Traffic Congestion Relief
Funds) to the Public Works Department
Capital Improvement Budget for road
rehabilitation.
2. Transfer $1,300,000 of the Public Works
Department Operating Budget to the
Public Works Department Capital
Improvement Budget for road
rehabilitation within the Gas Tax Fund.
t. Miscellaneous Civil Service Rules & Regulations.
U. Revised job specification - Assistant
Superintendent.
Councilmember Weir announced he would abstain
due to conflict of interest, source of income to himself,
on items 8.b.
Councilmember Johnson announced he would
L abstain due to conflict of interest, source of income to
himself, on item 8.b.
Motion by Vice-Mayor Couch to adopt Consent APPROVED
Calendar items 8.a. through 8.u.
9. CLOSED SESSION
a. Conference with Legal Counsel - Existing REMOVED
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. Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957(b)(1)/54957.6.
Motion by Vice-Mayor Couch to adjourn to Closed APPROVED
Session at 5:51 p.m.
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 7:02 p.m.
RECONVENED MEETING AT 7:08 p.m.
Councilmember Benham left the meeting after Closed
Session.
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Bakersfield, California, March 30, 2011 - Page 8
10. CLOSED SESSION ACTION ACTION TAKEN
b. Public Employee Performance Evaluation - City COMPLETED
Manager; Closed Session pursuant to FAVORABLE
Government Code Section 54957(b)(1)/54957.6. EVALUATION
Mayor Hall announced the City Manager's evaluation
was concluded in a very favorable way for him
without any additional compensation or benefits, and
City Council favorably expressed their comments
about the outstanding work that the City Manager has
done and offered some suggestions of how things
might be done differently.
11. CONSENT CALENDAR PUBLIC HEARINGS
None.
12. HEARINGS
a. Public Hearing to consider Resolution ordering
the vacation of 27th Street between the east
right-of-way of Chester Avenue and the west
right-of-way of K Street and a portion of the
north south alley between 28th Street and 26th
Street.
Assistant Public Works Director Underwood made staff
comments and recommended the hearing be
opened and continued to the April 13, 2011 meeting.
Hearing opened at 7;11 p.m.
No one spoke.
Motion by Vice-Mayor Couch to continue the hearing APPROVED
to the April 13, 2011 meeting. AB BENHAM
13. REPORTS
a. Report on the FY 2010/11 Budget, to include, by
department, current revenues/expenditures
and anticipated budget savings and costs
associated with required court appearances by
Police staff.
Finance Director Smith made staff comments and
gave a PowerPoint presentation.
Chief of Police Williamson made staff comments.
Bakersfield, California, March 30, 2011 - Page 9
14. DEFERRED BUSINESS
a. City Council Goals Update - Phase 2; Review of
Proposed Revisions.
Assistant to the City Manager Smiley gave an
overview, including new updates, and recommended
bringing back to a future meeting for adoption.
Councilmember Johnson suggested, regarding item
1., on page 1, as it relates to level of officers, putting in
an assessment of how the City is progressing and
showing that it is actually either working toward the
goal or not.
Councilmember Johnson asked staff, regarding item
8., on page 1, to report back regarding whether there
are any opportunities for synergies with the County's
emergency operation center.
Councilmember Johnson suggested, with regard to
the goal on page 8, "Strengthen and Diversify Our
Economic Base", adding an item incorporating the
concept of becoming a funding partner in the Kern
Economic Development Corporation.
Councilmember Solos stated, regarding Goal 1.1.3. on
page 1, that he would like to see something adding
the use of technology.
Councilmember Solos advised, regarding Goal 2.1.,
"Enhance the City's Transportation Network", he would
like to see something added to give some of the City's
oldest streets priority treatment when improving the
network.
Councilmember Solos stated, regarding Goal 2.2., that
he would like to add Highway 58 connectivity.
Councilmember Solos stated, with regard to Goal 3.2.,
"Continue Development", that he would like to add
improving the California Avenue corridor and
encourage new redevelopment opportunities along
that corridor.
ACTION TAKEN
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Bakersfield, California, March 30, 2011 - Page 10
14. DEFERRED BUSINESS continued ACTION TAKEN
Councilmember Salas advised, regarding Goal 4.1.,
"Plan for Growth and Development", that he would like
to add something about encouraging and promoting
the economic viability of the Bakersfield Airport, and
to develop an actual municipal airport master plan.
Councilmember Salas stated, regarding Goal 4.3., that
he would like to see something added to encourage
and promote infill projects for redevelopment in the
older areas.
Councilmember Salas advised, regarding Goal 6.1.,
"Promote Community Pride and Image"; that he would
like staff to look into including where we can promote
and encourage community gardens.
Vice-Mayor Couch suggested, under "Guiding
Principles", adopting a policy that would embody the
"what are we going to cut in order to do something
new" philosophy.
Vice-Mayor Couch stated, regarding water, that he
would like to see the environmental impact report
finished and be successful with putting more water in
the river.
Motion by Vice-Mayor Couch to continue this item for APPROVED
adoption at the City Council Meeting of April 13, 2011. AB BENHAM
15. NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Johnson asked staff to bring to the
Safe Neighborhoods Committee an analysis of the
City's graffiti operations and determine exactly what
we're getting for our weekend duties.
Councilmember Johnson referred for discussion at the
Budget and Finance Committee the matter of
adopting a budget policy related to a set-aside fund
for retirement so that the City would avoid a
pension holiday.
Bakersfield, California, March 30, 2011 - Page 11
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Johnson asked staff to look at the
Nunez-McCarthy Bill, HR761, which relates to other
options for high speed rail dollars in California, so
Council can get a good understanding of what that
legislation would do with those dollars, and perhaps
bring it back to the Legislative and Litigation
Committee or a Council workshop.
Councilmember Johnson referred to the Budget and
Finance Committee for discussion and review of the
City policy as it relates to contract ceilings and
incurring debt beyond that ceiling.
Councilmember Hanson advised that the residents in
the Stockdale Estates area, especially along Vista
Verde, Jamaica and Mesa Verde, need street lights to
help deter the increase in crime.
Councilmember Solos thanked all of his online chat
supporters who joined him today at 4:00 o'clock.
Councilmember Solos requested that a demonstration
of the i-Phone graffiti application be made to the Safe
Neighborhoods Committee, and he thanked
Councilmember Johnson for his referral regarding the
graffiti abatement program and the weekend analysis.
Councilmember Solos asked for clarification regarding
HR761 as to whether some of the funding can be
diverted for Highway 99 because he has been told
that it cannot be allowed due to the funding sources.
Vice-Mayor Couch asked staff, if it has not already
been done, to draft a letter to our local legislators
requesting help or relief regarding the Caltrans
required 200-foot bike bath on Rosedale.
Vice-Mayor Couch asked if the City has heard back
from BCARE regarding our offer to meet and work with
staff on options for their insurance, and City Manager
Tandy responded that there has been no response yet.
Vice-Mayor Couch asked staff to consider if there is
anything that the Council needs to do or act on in an
effort to get more information from the High Speed Rail
Authority.
Bakersfield, California, March 30, 2011 - Page 12
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Vice-Mayor Couch referred the following to the
Personnel Committee at its next meeting: provide
copies of all of the contracts with all three of our
bargaining groups, provide an update on our pension
and health care costs and projections; provide a
copy of the memo regarding the response from PERS
with the calculations on the effects of Measure D,
explore the potential cost savings to the City through
the use of variable annuities and define contribution
plans using conjunction with a PERS pension benefit for
new employees, provide all possible PERS benefit
levels for all groups; explore the use of temporary or
probationary period for new hires; and explore
privatization and provide information, opinion and
commentary on what functions might and might not
make sense to privatize, and provide examples of
where the City has privatized and what type of
experience we have had with each.
Vice-Mayor Couch referred to the Budget and Finance
Committee the feasibility of putting together a long-
term plan for setting aside a small amount of money
each year to generate interest from that revenue.
Mayor Hall expressed his appreciation to Ms. Nancy
Talbot for her three years of service on the Historic
Preservation Commission and welcomed Mrs. Icardo
to the Commission.
Mayor Hall commended the Police Department for its
efforts in developing a Park Watch Program to deter
destruction that occurs in City parks, and encouraged
the public to call 326-3053 to obtain further information
about the Program.
Mayor Hall commended the Police Department for
their enforcement of uncovered loads in the
community because litter is still a big problem along
our freeways.
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Bakersfield, California, March 30, 2011 - Page 13
17. ADJOURNMENT
Mayor Hall adjourned the meeting ql 7:
MAYOR of the City of Bakersfi
ATTEST;
CITY CLERK and Ex Officio I rk of
the Council of the City of B k sfield
Bakersfield, California, March 30, 2011 - Page 14
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