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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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