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HomeMy WebLinkAbout05/18/11 CC MINUTES1181 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 18, 2011 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Salas, Benham, Weir, Hanson, Sullivan, Johnson Absent: None 2. INVOCATION by Pastor John May, Rio Valley Baptist Church. 3. PLEDGE OF ALLEGIANCE by Gabriella and Grace Spoelstra, 2nd and 4th grade students at Heritage Academy. Mayor Hall acknowledged the government class from Ridgeview 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 Robert Price, acknowledging his slogan "Litter: It's Beneath Us" being chosen to represent the anti-litter campaign. Mayor Hall announced the names and slogans of the five finalists. Mr. Price accepted the Certificate of Appreciation and made comments. b. Presentation by Mayor Hall of Proclamation to Hector Garcia, Rabobank VP, declaring May 22, 2011, Lemonade Day. ACTION TAKEN Mr. Garcia accepted the Proclamation and made comments. \ v~oa- Bakersfield, California, May 18, 2011 - Page 2 4. PRESENTATIONS continued c. Presentation by Mayor Hall of Proclamation declaring June 1, 2011, Mike Lingo Day. Councilmember Weir assisted in the presentation and made comments. Mr. Lingo accepted the Proclamation and made comments. 5. PUBLIC STATEMENTS a. Tina Chapa, with Bike Bakersfield, thanked Recreation and Parks staff, Terry McCormick and Dianne Hoover; the Police Department and the City Council for their assistance with a recent event at Mill Creek Linear Park, expressed her appreciation to Mayor Hall for attending the event, and thanked Vice-Mayor Couch, Councilmember Sullivan and Councilmember Salas for allowing Bike Bakersfield to participate in the Community Services Committee. 6. WORKSHOPS a. Update regarding Pacific Gas & Electric's SmartMeter Program. Nick Ortiz, with Pacific Gas and Electric Company's Local Government Relations Department, made comments and introduced Greg Kiraly, PG&E's Vice President of SmartMeter Operations, who gave a PowerPoint presentation and explained the meter defect, what the customer response has been and how they are doing right by the customers, and how PG&E is monitoring the situation to ensure that no issues exist moving forward; and submitted written material. b. Department Budget Presentations: Fire Department ACTION TAKEN Fire Chief Greener made staff comments and provided a PowerPoint presentation. Bakersfield, California, May 18, 2011 - Page 3 114 ~ 6. WORKSHOPS continued ACTION TAKEN Item 6.b. continued 2. Development Services Planning Director Eggert made staff comments and provided a PowerPoint presentation. 7. APPOINTMENTS a. One appointment to the Keep Bakersfield Beautiful Committee due to the resignation of Jeremy Wright, whose term was to expire November, 2014. City Clerk Gafford announced that this is a Ward 1 nomination, and applications were received from Sean Battle and Antonio Martinez. Motion by Councilmember Salas to appoint Antonio APPROVED Martinez to the Keep Bakersfield Beautiful Committee due to the resignation of Mr. Wright, term expiring November, 2014, and place Sean Battle as the Alternate. b. One appointment to the Planning Commission due to the expiration of term of Andy Stanley, whose term expired April 30, 2011. City Clerk Gafford announced that this is a Ward 7 nomination, and applications were received from Sean Battle, Ray Chopra, Ben Horn and Patrick Wade. Motion by Councilmember Johnson to appoint Patrick APPROVED Wade to a four-year term on the Planning Commission, term expiring April 30, 2015. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the May 4, 2011 Regular City Council Meeting, Payments: b. Receive and file department payments from April 22, 2011 to May 5, 2011 in the amount of $9,474,129.35 and self-insurance payments from April 22, 2011 to May 5, 2011 in the amount of $259,760.99, totaling $9,733,890.34. 11 °4 Bakersfield, California, May 18, 2011 - Page 4 CONSENT CALENDAR continued 8 Ordinances: None. Resolutions: C. 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. d. Resolution establishing Council Policy establishing a temporary extension of vesting rights for subdivision maps and placing Resolution No. 118-05 in abeyance. e. Resolution of Intention No. 1688 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District and its 2011-2012 budget; setting time and place for hearing protests on the amount of park landscaping assessments to be levied throughout the Consolidated Maintenance District. Resolution of Intention No. 1689 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District and its 2011-2012 budget; setting time and place for hearing protests on the amount of street and median landscaping assessments to be levied throughout the Consolidated Maintenance District. g. Resolution of Intention No. 1690 preliminarily adopting, confirming and approving the Public Works Director's Report for Traffic Signal Maintenance Districts and their 2011-2012 budget; setting time and place for hearing protests on the amount of traffic signal assessments to be levied throught the Traffic Signal Maintenance Districts. ACTION TAKEN RES 035-11 RES 036-11 ROI 1688 ROI 1689 ROI 1690 Bakersfield, California, May 18, 2011 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN h. Resolution of Intention No. 1691 to add territory, R01 1691 Area 4-101 (117 N Street) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. Agreements: Amendment No. 1 to Agreement No. 10-177 AGR 10-177(1) with Stay Green, Inc. ($35,000; revised not to exceed $135,000) for tree trimming. Amendment No. 4 to Agreement No. 06-053 AGR 06-053(4) with Parsons Transportation Group, Corp. (6 month time extension) for program management services for the Thomas Roads Improvement Program (TRIP). Contract Change Order No. 1 to Agreement AGR 11-020 No. 11-020 with Parsam Construction ($85,000; CCO1 revised not to exceed $215,000) for completion of Proto II wall construction within the City in the Hills development. Contract Change Order Nos. 1 through 4 to AGR 10-149 Agreement No. 10-149 with Elite Landscaping, CCO1, 0002, Inc. ($45,885.41; revised not to exceed 0003, 0004 $1,710,828.41) for the Kern River Upland and River Restoration Project. M. Contract Change Order No. 1 to Agreement AGR 10-028 No. 10-028 with Wyoming Northstar Inc. CCOi ($23,033.56; revised not to exceed $2,216,661.96) for the LNG/LCBG Fueling Facility S. Mt. Vernon Ave. & E. Planz Rd. Project. Bids: n. Commercial Pool Heater Replacements (2) at McMurtrey Aquatic Center Project: 1. Accept bid and approve contract with AGR 11-050 Leslie's Poolmart, Inc. ($54,838.82) for project. 2. Transfer $54,839 General Fund Operating Budget savings to the Capital Improvement Budget within the Recreation and Parks Department for the purchase and installation of project. 1185 IIP,6 Bakersfield, California, May 18, 2011 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN o. Accept bid and approve annual contract with AGR 11-051 Kern Turf Supply, Inc. (not to exceed $175,026.96) for irrigation parts & supplies. P. Accept bid and approve annual contract with AGR 11-052 Precision Fertilizer Spreading (not to exceed $150,750) for hauling and spreading biosolids. q. Accept bid and approve annual contract with AGR 11-053 Gilliam and Sons, Inc. (not to exceed $1,440,003) for earthmoving and hauling. Miscellaneous: Appropriate $25,000 seized asset revenues to the Police Department Operating Budget within the General Fund, toward the cost of radio equipment for the Police Department Communications Center. Motion by Vice-Mayor Couch to adopt Consent APPROVED Calendar items 8.a. through 8.r. 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following: Philip Elms v. City, et al - KCSC Case No. S-1500-C V-270250- D R L. 2. Erica Morataya, et al v. City - KCSC Case No. S-1500-CV-267729 WDP. Motion by Vice-Mayor Couch to adjourn to Closed APPROVED Session at 6:15 p.m. Motion by Councilmember Weir to adjourn from APPROVED Closed Session at 6:55 p.m. RECONVENED MEETING AT 7:02 p.m. 11 "I'll Bakersfield, California, May 18, 2011 - Page 7 11. CLOSED SESSION ACTION ACTION TAKEN L a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following: AUTHOR/ZED 1. Philip Elms v. City, et al - KCSC Case No. SETTLEMENT NOT TO S-1500-CV-270250-DRL. EXCEED $60,000 2. Erica Morataya, et al v. City - KCSC NO REPORTABLE Case No. S-1500-CV-267729 WDP. ACTION 12. HEARINGS a. General Plan Amendment No. 11-0052; McIntosh & Associates, representing Bidart Bros., has requested a general plan amendment to change the Circulation Element Map generally located between Echart Road (future) and Fruitvale Avenue, west of Golden State Highway. 1. Resolution approving the Negative RES 037-11 Declaration and adopting the general plan amendment of the Circulation Element to delete the eastern portion of Ecchart Road (future) and the northern portion of Fruitvale Avenue at Golden State Highway and adding a new collector that connects these two roadways west of the Union Pacific Railroad. Planning Director Eggert made staff comments and recommended adoption of resolution and approval of the proposed general plan amendment to the Circulation Element. Hearing opened at 7:06 p.m. No one spoke in opposition to the staff recommendation. Roger McIntosh, with McIntosh & Associates, representing the Bidart Bros., spoke in support of the staff recommendation. Hearing closed at 7:08 p.m. Motion by Vice-Mayor Couch to adopt the APPROVED Resolution and approve the proposed general plan amendment to the Circulation Element. 1I'S a Bakersfield, California, May 18, 2011 - Page 8 13. REPORTS ACTION TAKEN a. Department Budget Presentations: Police Department Chief of Police Williamson made staff comments and provided a PowerPoint presentation. Vice-Mayor Couch advised that if the City had the ability, he would be supportive of adding a Police Service Technician to the Police Department's complement. Councilmember Johnson indicated he could support Vice-Mayor Couch's suggestion, but that his preference would be to add a Police Officer. 2. Public Works Public Works Director made staff comments and provided a PowerPoint presentation regarding the Operating Budget. Civil Engineer Ramming made the presentation on the Capital Improvement Program. Councilmember Benham asked that staff do everything possible to make sure that Option C is fully explored as a viable option for the Centennial Corridor project. Councilmember Salas asked that staff explore, in the next budget year, the possibility of extending the Panama Lane pavement rehab that is currently proposed from Highway 99 to H Street, to have it continue all the way through Union Avenue. Councilmember Johnson advised that Assemblyman David Valadao has volunteered to assist the City with issues Public Works is having with Caltrans and would be willing to meet with staff. II '9 Bakersfield, California, May 18, 2011 - Page 9 13. REPORTS continued ACTION TAKEN Vice-Mayor Couch stated that he wants to make sure that the City is getting as much done with a 7-day graffiti crew that overlaps on Wednesdays as it was getting done with two 5- day crews. Councilmember Sullivan asked staff to find out if the block wall on both sides of the property in the cul-de-sac on Chandler Court was done by ColTrons or the property owners. Mayor Hall commended the following Solid Waste staff who participated with the Great American Cleanup Committee in putting together a successful event: Sal Moretti, Luda Fishman, and Jessica Felix. 14. DEFERRED BUSINESS a. City Council Goals Update - Phase 3 (continued) - Review of Councilmembers' Proposed Revisions. Assistant to the City Manager Smiley made staff comments and addressed the additional revisions since the last discussion of this item at the City Council Meeting of April 13th. Councilmember Solos asked to reinstate the originally replaced sentence on Goal #4 and make the new target action language another item number. Assistant to the City Manager Smiley responded that the requested language could be reinstated, and pointed out that in Goal # 5, the provision for Old Town Kern and Southeast Bakersfield has been included as Councilmember Salas requested. Assistant to the City Manager Smiley advised that, after assessing where the City is in terms of progress in attaining the goal of 1.3 officers per 1,000 population, staff is proposing that the goal remain as is. 1.90 Bakersfield, California, May 18, 2011 - Page 10 14. DEFERRED BUSINESS continued ACTION TAKEN Councilmember Johnson asked staff to provide data regarding which type of Part 1 crimes are decreasing in order to have brought the crime rate down. Councilmember Johnson advised that any positive trend to increase the officer ratio is appreciated, and if the City gets extra budget dollars, that would be his first priority. Motion by Vice-Mayor Couch to adopt the APPROVED Council Goals and Guiding Principles with the AB BENHAM changes offered this evening. 15. NEW BUSINESS None. 16. COUNCIL AND MAYOR STATEMENTS Councilmember Hanson stated that Greystone Park looks tremendous and he is looking forward to its opening. Councilmember Hanson asked for assurance that Campus Park South will have water in it when he returns from his trip. Councilmember Salas thanked the following: Public Works and Solid Waste for helping at the cleanup for the Cinco de Mayo Stop the Violence event on May 7m; Public Works for the resurfacing north of Belle Terrace; and his online supporters for the questions they submitted. Councilmember Salas advised he was asked by Councilmember Benham to refer to staff to clean up some gang graffiti on the new pedestrian crossing at Mill Creek along California Avenue. Councilmember Sullivan referred to the Legislative and Litigation Committee the issue of strengthening the ordinance regarding dogs. Councilmember Sullivan expressed her concerns regarding the littering and areas not being watered properly along Highway 99 through the City limits, and asked staff to contact CalTrans to find out what can be done to improve the looks along the freeway, and inquired as to whether a license plate number can be used to report a littering offense. 1191 Bakersfield, California, May 18, 2011 - Page 11 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Salas asked staff for an information packet that could be provided to a family in a County pocket on Sunshine Avenue next to his Ward. Vice-Mayor Couch advised Chief of Police Williamson that he would like to speak with him after the meeting about DUI's and plans for some of the parks during the Memorial Day and July 4th holidays. Mayor Hall announced that the last weekend in April concluded the 35th Annual National Street Rod event at the Kern County Fairgrounds that brought 2,000 automobiles into our community and another 1,000 hotel rooms for 3 days, and he got a letter from the special events director of the nationwide association in which he clearly identifies the outstanding work and contributions made by the Convention and Visitors Bureau to their shows, and as a result of that they have renewed their 5-year contract with the Kern County Fair Board; and Mayor Hall acknowledged the efforts and contribution of the CVB with this event as well as many different opportunities. Mayor Hall asked the Legislative and Litigation Committee to formulate a Council policy that governs the use of electronics at public meetings concerning the practical and legal issues associated with modern technology, and develop some clear guidelines of what is and what is not acceptable for both the City Council and the public. 17. ADJOURNMENT Mayor Hall adjourned the ATTEST; CITY CLERK and Ex O o Clerk of the Council of the City of Bakersfield Bakersfield, California, May 18, 2011 - Page 12 ****THIS PAGE INTENTIONALLY LEFT BLANK****