HomeMy WebLinkAbout06/08/11 CC MINUTES1193
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 8, 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 Richard Thompson, First United
Methodist Church.
3. PLEDGE OF ALLEGIANCE by Emily Fick, 2nd grade
student at Almondale Elementary School,
Mayor Hall acknowledged the professional development
class from California State University, Bakersfield, in
attendance at the meeting to learn about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation
declaring June 9, 2011, Dr. Hans Einstein Day.
Dr. Einstein accepted the Proclamation and made
comments.
b. Presentation by Raul Rojas, Public Works
Director, to City Council of awards received
for the Wastewater Treatment Plant No. 3
Expansion Project.
Public Works Director Rojas acknowledged the efforts
of Wastewater Treatment Manager Sun and former
Wasterwater Treatment Manager Chianello, and
announced the various awards received for the
Project.
ACTION TAKEN
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5. PUBLIC STATEMENTS ACTION TAKEN
a. Judd Welte, with Team BeachBody, spoke
regarding free community fit clubs being
conducted to help end obesity in our city.
b. Victoria Champion, with Team BeachBody,
spoke in support of ending the trend of obesity
in our city and submitted written material.
C. Gene Tackett, representing the California High
Speed Rail Authority, spoke regarding a public
High-Speed Train meeting on June 22nd, and a
meeting of the High Speed Rail Authority Board
on July 14th, and submitted written material.
6. WORKSHOPS
a. Department Budget Presentations:
Water Resources
Water Resources Manager Chianello made
staff comments and provided a PowerPoint
presentation.
2. Rabobank Arena, Theater and
Convention Center
General Manager Womack made staff
comments and provided a PowerPoint
presentation.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 18, 2011
Regular City Council Meeting.
Payments:
b. Receive and file department payments from
May 5, 2011 to May 25, 2011 in the amount of
$14,142,608.71 and self-insurance payments
from May 6, 2011 to May 25, 2011 in the amount
of $124,526.52, totaling $14,267,135.23.
AL
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Bakersfield, California, June 8, 2011 - Page 3
8. CONSENT CALENDAR continued
Ordinances:
None.
Resolutions:
C. Resolution adopting a policy regarding a cash
basis reserve fund. (Budget & Finance Committee)
d. Resolution adopting a policy regarding a
pension stabilization fund. (Budget & Finance
Committee)
e. Resolution to add territory, Area 2-47 (5001 Ming
Avenue) to the Consolidated Maintenance
District and preliminarily approving, confirming
and adopting the Public Works Director's
Report and authorizing collection of
assessments by the Kern County Tax Collector.
f. Resolution to add territory, Area 4-101 (117 N
Street) to the Consolidated Maintenance
District and preliminarily approving, confirming
and adopting the Public Works Director's
Report and authorizing collection of
assessments by the Kern County Tax Collector.
g. Resolution adopting sewer connection fees
pursuant to Section 14.12.380 of the Municipal
Code.
h. Resolution providing for the collection of
residential refuse fees by the Kern County
Auditor-Controllers's Office.
i. Resolution providing for the collection of
residential blue cart recycling fees by the Kern
County Auditor-Controller's Office.
j. Delinquent refuse and sewer charges on FY
11 /12 property tax rolls:
1. Resolution providing for the collection of
delinquent refuse fees by the Kern
County Auditor-Controller's Office.
2. Resolution providing for the collection of
delinquent sewer fees by the Kern
County Auditor-Controller's Office.
ACTION TAKEN
RES 038-11
RES 039-11
RES 040-11
RES 041-11
RES 042-11
RES 043-11
RES 044-11
RES 045-11
RES 046-I1
JL
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CONSENT CALENDAR continued ACTION TAKEN
k. Sewer connection fee assessments for 620 Palo
Verde Avenue:
1. Resolution confirming the assessments for RES 047-11
sewer connection fee and authorizing
the collection of assessments by the Kern
County Tax Collector.
2. Agreement with Sergio Jara for Virote AGR 11-054
Holdings, LLC to pay sewer connection
fee in installments and notice of special
assessment lien.
Agreements:
Agreement with Duane Morris, LLP ($5,000 per AGR 11-055
month; not to exceed $65,000) to provide legal
service on a variety of miscellaneous and
routine water issues that arise in the daily
operations of Water Resources.
M. Agreements with the following for outside legal
services in various matters:
1. Caswell, Bell & Hillison ($100,000) for
AGR 11-056
general Assessment District matters.
2. Caswell, Bell & Hillison ($100,000) for
AGR 11-057
Assessment District Foreclosure
(AD 05-1 /City in the Hills).
3. Clifford & Brown ($75,000) for general
AGR 11-058
miscellaneous issues.
4. Clifford & Brown ($75,000) for general
AGR 11-059
personnel issues.
5. Clifford & Brown ($100,000) for Derek
AGR 11-060
Lyons v. City.
n. Agreement with Hanna, Brophy, MacLean,
AGR 11-061
McAleer & Jensen (not to exceed $150,000 per
year for 2 year term) for Workers'
Compensation legal services.
o. Agreement with Definiti Healthcare
AGR 11-062
Management (not to exceed $200,000 per year
for 2 year term) for Workers' Compensation bill
review services.
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CONSENT CALENDAR continued ACTION TAKEN
P. Agreement with City of Shaffer for operation AGR 11-063
and maintenance of traffic control signal and
lighting systems at intersections of joint City of
Bakersfield and City of Shaffer jurisdictions.
q. Agreement with State of California Department AGR 11-064
of Public Health and U.S. Department of
Housing and Urban Development ($375,881) for
Housing Opportunities for Persons with HIV/AIDS
Entitlement Program (HOPWA),
r. Amendment No. 1 to Agreement No. F10-015 AGR 11-065
with Wholesale Fuels Inc. ($40,000; revised not
to exceed $80,000 and extends term 1 year) to
supply propane.
S. Kern River Canal adjacent to Pioneer Central
and Pioneer South spreading facilities:
1. Reimbursement Agreement with Kern AGR 11-066
County Water Agency (not to exceed
$125,000) for repair of damages to the
Kern River Canal.
2. Appropriate $125,000 Miscellaneous
Revenue from Kern County Water
Agency to the Water Resources
Department Operating Budget within
the Agricultural Water Fund for
reimbursement of repairs to the Kern
River Canal.
AGR 97-181(5)
t. Amendment No. 5 to Agreement No. 97-181
with Flying Puck, LLC (Bakersfield Condors) to
extend the term of lease at Rabobank Arena
for an additional 7 years.
AGR 10-080(1)
U. Amendment No. 1 to Agreement No. 10-080
with Pacific Building Care ($43,372; revised not
to exceed $86,744 and extends term 1 year) for
janitorial maintenance of City Hall North.
V. Amendment No, 1 to Agreement No. 10-106 AGR 10-106(1)
with Toter, Inc. ($542,224.25; revised not to
exceed $1,084,448.50 and extends term 1 year)
for trash carts.
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CONSENT CALENDAR continued
ACTION TAKEN
W. Amendment No. 5 to Agreement No. 06-219
AGR 06-219(5)
with Ameripride Uniform Services (no increase in
amount, extends term 1 year) for industrial
laundry services.
X. Amendment No. 1 to Agreement No. 10-107
AGR 10-107(1)
with Kern Sprinkler Landscaping, Inc. (no
increase in amount, extends term 1 year) for
landscape and irrigation services.
Y. Amendment No. 2 to Agreement No. 90-279
AGR 90-279(2)
with Nextel Spectrum Acquisition Corp.
(increase rent and extends term) for radio
tower lease at 8101 Ashe Road.
AGR 09-081(2)
Z. Amendment No. 2 to Agreement No. 09-081
with County of Kern ($338,110; revised not to
exceed $997,210, and extends term 1 year) for
animal control services.
aa. Contract Change Order No. 1 to Agreement AGR 10-160
No. 10-160 with Loop Electric Inc. ($29,928.33; CCO1
revised not to exceed $227,782.59) for the
Traffic Signal & Lighting System-South H Street
and Hosking Road Project.
Bids:
bb. Reject all bids for mobile command unit for the
Fire Department.
CC. Accept bid and approve annual contract with AGR 11-067
Spence Spraying Service ($42,500) for chemical
application for Water Resources.
dd. Q Street Streetscape Improvements from
Truxtun Avenue to 24th Street Project:
1. Accept base bid and additive alternate AGR 11-068
No. 1 and approve contract with Kern
Pacific Construction ($4,933,760.45) for
construction of project.
2. Agreement with Central Valley AGR 11-069
Independent Network (estimated cost
$54,000) for reimbursement of costs for
installation of conduit for fiber optic
cables in Q Street.
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Bakersfield, California, June 8, 2011 - Page 7 f 4.9
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.dd. continued
3. Appropriate $54,000 Other Agency
Share of Project Cost to Public Works
Department Capital Improvement
budget to reimburse City for fiber optic
cable to be installed by contractor on
behalf of Central Valley Independent
Network within the Proposition 1 C-Mill
Creek Fund.
4. Transfer $575,600 from the Mill Creek
Linear Park Plaza Project to the Q Street
Improvement Project within the Capital
Improvement budget within the Old
Town Kern Redevelopment Fund.
Miscellaneous:
ee. Authorize Finance Director to write off accounts
receivable in various funds totaling $94,715.36
and forward non bankrupt accounts to a
collection agency for additional collection
efforts.
ff. Appropriate $3,098,550 in Federal SAFETEA-LU
funds to the Public Works Capital Improvement
budget within TRIP for the SR 178 Widening
Project.
gg. Traffic Signal & Lighting System Installation at
the Intersection of McKee and South H Street
Project:
Appropriate $161,110 Federal
Congestion Management Air Quality
funds to the Public Works Department
Capital Improvement budget within the
SAFETEA-LU Fund for project.
2. Appropriate $25,000 Transportation
Development balance to the Public
Works Department Capital Improvement
Budget for the local share of project.
Motion by Vice-Mayor Couch to adopt Consent
Calendar items 8.a. through 8.gg. APPROVED
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Bakersfield, California, June 8, 2011 - Page 8
9. CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN
a. Protest Hearing to consider Resolution
approving and adopting the Public Works
Director's Report for the Consolidated
Maintenance District and the 2011-2012
budget, confirming the park landscaping
assessments and authorizing collection of
assessments by the Kern County Tax Collector.
(Staff recommends overriding protests and adoption
of resolution.)
b. Protest Hearing to consider Resolution
approving and adopting the Public Works
Director's Report for the Consolidated
Maintenance District and the 2011-2012
budget, confirming the street landscaping
assessments and authorizing collection of
assessments by the Kern County Tax Collector.
(Staff recommends overriding protests and adoption
of resolution.)
C. Protest Hearing to consider Resolution
approving and adopting the Public Works
Director's Report for seventeen (17) Traffic
Signal Maintenance Districts and the 2011-
2012 budgets, confirming the assessments and
authorizing collection of assessments by the
Kern County Tax Collector, (Staff recommends
overriding protests and adoption of resolution.)
d. Public Hearing to consider the following MOVED TO
Resolutions for FY 2011-12 (proposed 2.5% rate HEARINGS
increase) (Staff recommends adoption of
resolutions):
Resolution establishing sewer and storm
sewer service user charges.
2. Resolution establishing industrial and
commercial sewer service user
surcharges. (Hearing opened and
continued at 04113111 meeting.)
Consent Calendar Public Hearings opened at
6:16 p.m.
No one spoke.
Consent Calendar Public Hearings closed at 6:17 p.m.
Motion by Vice-Mayor Couch to adopt Consent APPROVED
Calendar Public Hearings items 9.a. through 9.c.
Bakersfield, California, June 8, 2011 - Page 9
10. CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(3)(A) of Government Code
Section 54956.9. (One matter)
b. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code Section 54956.9 regarding
Erica Morataya, et al v. City - KCSC Case
No. S-1500-CV-267729 WDP.
Motion by Vice-Mayor Couch to adjourn to Closed
Session at 6:18 p.m.
Motion by Councilmember Weir to adjourn from
Closed Session at 7:12 p.m.
RECONVENED MEETING AT 7:25 p.m.
11. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
L subdivision (b)(3)(A) of Government Code
Section 54956.9. (One matter)
b. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code Section 54956.9 regarding
Erica Morataya, et al v. City - KCSC Case
No. S-1500-CV-267729 WDP.
12. REPORTS
a. Department Budget Presentations:
Recreation and Parks
Recreation and Parks Director Hoover made
staff comments and provided a PowerPoint
presentation.
2, Economic and Community
Development
Economic Development Director Kunz made
staff comments and provided a PowerPoint
presentation.
ACTION TAKEN
APPROVED
APPROVED
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
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Bakersfield, California, June 8, 2011 - Page 10
12.
REPORTS continued ACTION TAKEN
Item 12.a,2, continued
Councilmember Johnson asked that $5,000 be
allocated from Council contingency set aside
to the Economic Development Department so
that the City can be a funding partnership with
Kern Economic Development Corporation.
13.
HEARINGS
a. Public Hearing for the Fiscal Year 2011-2012 NO ACTION
Operating, Bakersfield Redevelopment Agency REQUIRED
and Capital Improvement Program Budgets.
Administrative Analyst Huot made staff
comments.
Hearing opened at 8:13 p.m.
No one spoke.
Hearing closed at 8:14 p.m.
b. Public Hearing to consider the following
Resolution regarding a request by taxicab
companies to alter the current rate schedule.
Resolution establishing taxicab service RES 053-11
charges.
Administrative Analyst Huot made staff
comments and recommended adoption of
the Resolution with the staff suggested rates.
Hearing opened at 8:16 p.m.
No one spoke in opposition to the staff
recommendation.
Jeff Brezinski, owner of Blue Star Taxi Company,
spoke in support of the staff recommendation.
Hearing closed at 8:19 p.m.
Motion by Vice-Mayor Couch to adopt the APPROVED
Resolution with the staff suggested rates.
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Bakersfield, California, June 8, 2011 - Page 11
13. HEARINGS continued ACTION TAKEN
C. Public Hearing to consider the following
Resolutions for FY 2011-12 (proposed 2.5% rate
increase) (Staff recommends adoption of
resolutions):
1. Resolution establishing sewer and storm RES 051-11
sewer service user charges.
2. Resolution establishing industrial and RES052-11
commercial sewer service user
surcharges. (Hearing opened and
continued at 04113111 meeting.)
Clark Garl, owner of the New Yorker Apartments,
asked that staff take a better look at the way the fee
structure is configured with respect to the price per
door fee for the unique older buildings downtown that
have been remodeled to provide affordable housing.
Hearing closed at 8:24 p,m.
Motion by Vice-Mayor Couch to adopt the resolutions. APPROVED
14. DEFERRED BUSINESS
None.
15. NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham asked staff to consider
giving customers the option of going paperless by
receiving bills and communications electronically.
Councilmember Benham asked that staff ensure that
all pertinent information is provided to those firms
and/or individuals who submit project bids.
Councilmember Benham thanked reporter Gretchen
Wenner and wished her well in her move.
Councilmember Johnson thanked Chief Williamson for
a prompt response by the Police Department to
multiple complaints regarding a large group
congregating at businesses in his Ward; and he wished
Gretchen Wenner good luck.
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Bakersfield, California, June 8, 2011 - Page 12
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Weir thanked and congratulated
Recreation and Parks Director Hoover and Public
Works Director Rojas for the Mesa Marin Sports
Complex.
Councilmember Weir asked staff to report back on
what the maximum consequences might be, and
what actually happened, to the teens who recently
attempted to bury puppies alive.
Councilmember Weir asked staff to provide a report
on what the future looks like and what funding sources
may be available in order to continue bonding for
matching funds for TRIP projects now that the revenue
from transportation impact fees has decreased, and
how it will affect the general fund in a few years.
Councilmember Weir asked staff to provide a detailed
report on the history of the City's relationship with Kern
Economic Development Corporation, including the
costs the City has incurred, and the results obtained as
a result of the expenditures of those funds.
Councilmember Weir invited everyone to come out
and experience the new Mesa Marin Sports Complex.
Councilmember Salas thanked his online supporters.
Councilmember Salas acknowledged the efforts of
Fire Chief Greener and the Fire Department for the
recent fire safety academy for kids conducted at
Station 5.
Councilmember Salas asked that the Economic and
Community Development Department provide
information regarding the Neighborhood Stabilization
Program and what potential benefits there may be for
the Bakersfield Senior Center.
Councilmember Salas expressed his congratulations
to Gretchen Wenner.
Councilmember Sullivan thanked Gretchen Wenner
and wished her well.
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Bakersfield, California, June 8, 2011 - Page 13
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
L Councilmember Sullivan advised that she recently
witnessed an object being tossed from a vehicle on
the freeway, which hit her vehicle, and that she wrote
down the license plate number and reported it to the
Police Department, she asked about the possibility of
notifying the offender, possibly in the form of a strong
letter, advising that this type of behavior will not be
tolerated.
Councilmember Sullivan asked staff to provide
information as to what can be done to reduce the
number of loose dogs in the streets, and to make sure
that dogs in their yards are licensed and neutered,
and if not, then the pet owners should be ticketed
and/or fined, and the dogs confiscated.
Councilmember Sullivan announced that she is
pleased to be a part of the Safe Neighborhoods
Committee and appreciates everyone involved.
Councilmember Couch thanked Gretchen Wenner.
Councilmember Couch asked the City Manager to
continue to work with the High Speed Rail Authority to
impress on them the importance of the proposed West
Beltway alignment.
Mayor Hall announced that, since March, three new
adopt-a-highway people have taken on different
areas of the city, as well as seven renewals of
agreements for the Adopt-A-Highway Program;
that he and a group of 34 Hall Ambulance
employees recently picked up 48 bags of trash
between Ming and California Avenue; and, once
again, stressed the importance of community pride.
Mayor Hall acknowledged the efforts of a group of
Independence High School students, the Falcon
Autistic Solar Team, who won the President's
Environmental Youth Award from the Environmental
Protection Agency of the Federal Government, as well
as the California High School Project of the Year
Award from the National Energy Education
Development Project.
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Bakersfield, California, June 8, 2011 - Page 14
17. ADJOURNMENT ACTION TAKEN
Mayor Hall adjourned the meeting at 8:47 p.m.
CA
ATTEST:
CITY CLERK and EYittyof icio Clerk of
the Council of the Bakersfield