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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 4, 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 Reverend Gregory M. Haslow,
Bakersfield First Assembly Church.
3. PLEDGE OF ALLEGIANCE by Stefananie Zaragoza, 91h
grade student at Bakersfield High School.
Mayor Hall acknowledged the communications class from
California State University, Bakersfield, and the government
classes from Ridgeview High School and Liberty High School
in attendance at the meeting to learn about City
government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Certificate of
Appreciation to Juanita Nighbert
acknowledging her selection as the Yard of the
Quarter recipient,
Ms. Nighbert accepted the Certificate of
Appreciation, as well as a gift certificate from Reimer's
Nursery, and made comments.
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4. PRESENTATIONS continued ACTION TAKEN
b. Presentation by Mayor Hall of a Certificate of
Appreciation to Chief Williamson for the
Bakersfield Police Department being named
Law Enforcement Agency of the Year by
M.A.D.D.
Chief Williamson accepted the Certificate, made
comments, and acknowledged Lt. Willoughby,
Sgt. Johnson, Sgt. Abney, Officer Bagby, District
Attorney Lisa Green, Assistant District Attorney Scott
Spielman, Deputy District Attorney Mike Yraceburn,
Tina Antak, with Life Interrupted, and Carla Pearson,
from M.A.D.D.
5. PUBLIC STATEMENTS
a. Gene Tackett, representing the California High-
Speed Train Authority, invited the City Council
and the public to attend a public information
meeting on Thursday, May 19th, at the Marriott
Hotel, and submitted written material.
b. Dawn Wardell spoke regarding the Great Spirit
Lodge, the first female women's veteran
transition home, invited everyone to a
fundraising event on Saturday, May 7th, at the
Knights of Columbus, and submitted written
material.
C. Phil Mygatt and Pamela McCarthy spoke on
behalf of American Legion Post # 26 regarding
amending the City's bingo ordinance, and
submitted written material.
Councilmember Benham referred this matter to
the Legislative and Litigation Committee, and
asked the City Attorney to prepare a review of
the written material submitted and have it
ready in advance of the meeting.
d. Louis Medina, Homelessness Project Manager
for the Kern County Homeless Collaborative,
spoke regarding homelessness prevention and
grant awards, and submitted written material.
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Bakersfield, California, May 4, 2011 - Page 3
5. PUBLIC STATEMENTS continued
e. Betsy Ramsey, Field Representative for
Assemblyman David Valadao of the 301h
District, advised that she just wanted to
introduce herself to the City Council.
6. WORKSHOPS
a. California Redevelopment Association Award
of Excellence awarded to the Bakersfield
Redevelopment Agency for the Mill Creek
Linear Park Project.
City Manager Tandy showed a video and
made a presentation to Economic
Development Director Kunz,
b. Presentation of the Proposed FY 2011-12
Budget.
City Manager Tandy and Administrative Analyst
Huot made staff comments and provided a
PowerPoint presentation.
Councilmember Hanson asked staff to give
some consideration, when it comes time for
equipment and vehicle replacement, to
looking at some alternatives as far as leasing
versus purchasing.
Councilmember Hanson asked staff to give
serious consideration regarding putting
streetlights in the Stockdale Estates area,
specifically Jamaica Street and some of the
other streets in the immediate area.
7. APPOINTMENTS
a. One appointment to the Bakersfield
Redevelopment Agency due to the expiration
of term of Sara Takii,
ACTION TAKEN
City Clerk Gafford announced one application was
received from Neil Sidhu,
Mayor Hall nominated Neil Sidhu for appointment.
Motion by Vice-Mayor Couch to ratify the APPROVED
L appointment of Neil Sidhu to a four-year term on the
Bakersfield Redevelopment Agency, term
expiring April 22, 2015.
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Bakersfield, California, May 4, 2011 - Page 4
8. CONSENT CALENDAR ACTION TAKEN
Minutes:
a, Approval of minutes of the April 13, 2011
Regular City Council Meeting.
Payments:
b. Receive and file department payments from
April 1, 2011 to April 21, 2011 in the amount of
$15,682,018.27 and self-insurance payments
from April 1, 2011 to April 21, 2011 in the amount
of $394,291.81, totaling $16,076,310.08.
Ordinances:
C. Adoption of Ordinance amending Municipal ORD 4646
Code Sections § 1, 12.040 and § 1, 12.060 by
adding Annexation No. 623 consisting of
1597.73 acres located west of Santa Fe Way
between Seventh Standard Road and
Kratzmeyer Road to Ward 4; Annexation
No. 625 consisting of 793.26 acres located west
of Renfro Road, east of Nord Avenue, between
Kratzmeyer Road and Reina Road to Ward 4;
and Annexation No. 573 consisting of 19.68
acres located north of Engle Road between
Stine Road and Ashe Road to Ward 6.
Resolutions:
d. Resolution confirming approval by the City RES 034-11
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.
e. Resolution of Intention No. 1687 to add territory, ROI 1687
Area 2-47 (5001 Ming Avenue) to the
Consolidated Maintenance District and
preliminarily approving, confirming, and
adopting the Public Works Director's Report.
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Bakersfield, California, May 4, 2011 - Page 5
8. CONSENT CALENDAR continued
Agreements:
License Agreement with the Kern County Water
Agency for the City to construct arld maintain
improvements for the Westside Parkway/Coffee
Road interchange at the Cross Valley Canal.
(TRIP)
g. Agreement with Sales Tax Resource Group to
research possible overpayments of sales and
use taxes paid by the City for a contingent fee
of 25% of any refunds received.
h. Agreement with the Kern County
Superintendent of Schools ($150,708) to expand
the Safe Community Partnership Strategy,
consistent with the requirements set forth by
CaIEMA for the 2010 Cai-GRIP grant.
Agreement with the Kern County
Superintendent of Schools, as administrative
agent for the Kern County Network for Children
($119,851) to expand the Safe Community
Partnership Strategy, consistent with the
requirements set forth by CaIEMA for the 2010
Cal-GRIP grant.
Amendment No, 1 to Agreement No. CA08-018
with Clifford & Brown (not to exceed $100,000)
for outside legal services in the matter of
Morataya v. Bakersfield KCSC Case
No. S-1500-CV-265887 SPC.
k. Amendment No. 3 to Agreement No. 02-161
with the Housing Authority of the County of Kern
($440 a month and extending the lease for 3
years) for a police satellite at 1630 East 11 rh
Street.
Amendment No. 1 to Agreement No. 10-062
with Burtch Construction ($652, 750; revised not
to exceed $1,305,500 and extending the term
for one year) for asphalt rejuvenator and
sealant.
M. Amendment No. 1 to Agreement No. 10-063
with Pavement Recycling Systems, Inc.
L ($146,000; revised not to exceed $292,000 and
extending the term for one year) for cold
planing.
ACTION TAKEN
AGR 11-043
AGR 11-044
AGR 11-045
AGR 11-046
AGR 11-047
AGR 02-161(3)
AGR 10-062(1)
AGR 10-063(1)
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Bakersfield, California, May 4, 2011 - Page 6
8
CONSENT CALENDAR continued ACTION TAKEN
n, Amendment No. 1 to Agreement No. 10-151 AGR 10-151(1)
with Jim Alffer Cement Contractor ($122,775;
revised not to exceed $313,352.50) for canal
liner repair.
Bids:
o. Reject all bids for the Mill Creek Linear Park ABS COUCH
Sister City Gardens - Phase A.
P. Accept bid and approve annual contract with AGR 11-048
JCI Jones Chemicals, Inc. ($61,023.55) for the
supply of sodium hypochlorite for Wastewater
Division Plant 3.
q. Traffic Signal Equipment:
Accept bids from DDL Traffic, Inc.
($25,329.96), AZCO Supply, Inc.
($47,871.41) and McCain, Inc.
($84,671.26) (total bid $157,872.63).
2. Appropriate $31,000 Federal Congestion
Mitigation Air Quality funds to the Public
Works Department's Capital
Improvement Budget within the
SAFETEA-LU Fund.
3. Appropriate $4,000 Transportation
Development Fund balance to the
Public Works Department's Capital
Improvement Budget within the
Transportation Development Fund.
r. Accept bid and approve contract with Irv
REMOVED FOR
Guinn Construction ($885,949.60) for SEPARATE
construction of sewer improvements: Hooper CONSIDERATION
Avenue, Kimberly Avenue, and Urner Street.
Miscellaneous:
US Department of Homeland Security Grant:
Appropriate $170,897 Federal Grant
Revenues from US Department of
Homeland Security to the Fire
Department Capital Improvement
Budget within the Capital Outlay Fund
for purchase of live-fire training props.
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Bakersfield, California, May 4, 2011 - Page 7
8.
CONSENT CALENDAR continued ACTION TAKEN
Item 8.s. continued
2. Appropriate $42,724 Capital Outlay Fund
Balance for the local match requirement
to the Fire Department Capital
Improvement Budget within the Capital
Outlay Fund for the purchase of live-fire
training props.
Kroll Park Shade Structure:
Appropriate $6,645 contribution from
Friends of Kroll Park made through the
Bakersfield Foundation to the Recreation
and Parks Department's Capital
Improvement Budget within the Capital
Outlay Fund.
2. Appropriate $1,500 contribution from
Friends of Kroll Park made to the
Recreation and Parks Department's
Capital Improvement Budget within the
Capital Outlay Fund.
U. Approval of travel reimbursement expenses
($1,436.93) in compliance with Resolution
No. 173-06 for Bakersfield Redevelopment
Agency Board Chairman who attended the
annual California Redevelopment Association
Conference on March 30 and 31, 2011.
Vice-Mayor Couch announced he would abstain due
to conflict of interest, potential source of income to
himself and his employer, on item 8.o.
Motion by Vice-Mayor Couch to adopt Consent APPROVED
Calendar items 8.a. through 8.u., with the removal of
item 8.r. for separate consideration.
r. Accept bid and approve contract with Irv AGR 11-049
Guinn Construction ($885,949.60) for
construction of sewer improvements: Hooper
Avenue, Kimberly Avenue, and Urner Street.
Motion by Vice-Mayor Couch to adopt Consent APPROVED
Calendar item 8.r.
9. CONSENT CALENDAR PUBLIC HEARINGS
None.
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Bakersfield, California, May 4, 2011 - Page 8
10. CLOSED SESSION ACTION TAKEN
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for
the following cases:
1. Sierra Club v. City; Canyons, LLC; KCSC
Case No. S-1500-CV-268547 KCT.
2. Olga Gomez v. City, et al.; KCSC
No. S-1500-CV-270279 WPD.
Motion by Vice-Mayor Couch to adjourn to Closed APPROVED
Session at 6:18 p.m.
Motion by Vice-Mayor Couch to adjourn from APPROVED
Closed Session at 6.48 p.m.
RECONVENED MEETING AT 6:55 p.m.
11. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for
the following cases:
1, Sierra Club v. City; Canyons, LLC; KCSC CITYATTORNEY
Case No. S-1500-CV-268547 KCT. GIVEN DIRECTION
2. Olga Gomez v. City, et al.; KCSC MEDIATION OF
No. S-1500-CV-270279 WPD. $72,500 APPROVED
12. HEARINGS
None.
13. REPORTS
a. Department Budget Presentations:
1. General Government
Assistant to the City Manager Teglia made staff
comments and provided a PowerPoint
presentation.
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Bakersfield, California, May 4, 2011 - Page 9
13. REPORTS continued
2. Finance/General Fund Revenues
Finance Director Smith made staff comments
and provided a PowerPoint presentation.
3. City Attorney
City Attorney Gennaro made staff comments
and provided a PowerPoint presentation.
14. DEFERRED BUSINESS
None,
15. NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham asked staff to look into some
concerns in the vicinity of 19th and H streets and report
back.
Councilmember Hanson requested copies of pictures
from Public Works that show flooding in the sumps in
the Pin Oak and Campus Park areas.
Councilmember Johnson thanked the Police
Department for assisting with complaints he has
received from Nepal Court.
Councilmember Johnson thanked Public Works staff
for preparing the list for him on security bonds, and
requested a meeting with staff in the next couple of
days to ask questions and pursue this matter further.
Councilmember Solos thanked Public Works for
completing the work for the light at Jonas and O'Neill.
Councilmember Solos thanked the HazMat crew for
coming out and looking at a potential hazardous
material next to the Kern Delta Canal.
Councilmember Solos asked staff to research how the
t City could utilize social media networks, such as
L Twitter and Facebook, to promote events or increase
public safety.
ACTION TAKEN
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Bakersfield, California, May 4, 2011 - Page 10
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Salas thanked his online supporters.
Councilmember Salas asked staff to look at either
putting PG&E on an upcoming agenda or form an ad
hoc committee to listen to concerns about the 1600
dysfunctional Smart Meters that were recently
reported.
Vice-Mayor Couch submitted letters for a response
from staff.
Vice-Mayor Couch complimented Councilmember
Hanson for the amount of time he recently spent with
some of his constituents trying to resolve some issues
in several parks in his Ward.
17. ADJOURNMENT
Mayor Hall adjourned the m2gting atj:35
of tWCity of Bakersfield,
ATTEST; / --~L
CITY CLERK and Ex Off' i Clerk ~Ff
the Council of the City of Bakersfield