Loading...
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. ~~.3 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. ~ ; IJ 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 i y15U 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. 'It~q 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 ****THIS PAGE INTENTIONALLY LEFT BLANK****