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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 1191 Bakersfield, California, June 8, 2011 - Page 2 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 1195 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 8 Bakersfield, California, June 8, 2011 - Page 4 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. 8 Bakersfield, California, June 8, 2011 - Page 5 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. 11o~ 1108 8. Bakersfield, California, June 8, 2011 - Page 6 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. ' 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 1200 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 1201 12 02 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. 1203 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. 1201 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. it 2 0 %5 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. 2nC 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