HomeMy WebLinkAbout06/29/11 CC MINUTES2P7
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 29, 2011
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
L
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Couch,
Councilmembers Salas, Benham, Weir
(seated at 5:20 p.m.), Hanson, Sullivan,
Johnson
Absent: None
2. INVOCATION by Pastor Curtis Jenkins, TriStone
Missionary Baptist Church.
3. PLEDGE OF ALLEGIANCE by Ryley Fick, 6th grade
student, Almondale Elementary School.
Mayor Hall acknowledged the political science class from
Bakersfield College, in attendance at the meeting to learn
about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a trophy to David
Austin Wright, Highland High School graduate,
for 13 years of perfect school attendance, and
certificates to high school students ranked
number one in their graduating classes in the
Greater Bakersfield area by the Kern High
School District.
David Austin Wright accepted the trophy for
perfect attendance and made comments.
Mayor Hall was joined by Councilmember
Sullivan for this presentation, and recognized
the following students and presented them with
certificates:
ACTION TAKEN
.1.203
Bakersfield, California, June 29, 2011 - Page 2
4. PRESENTATIONS continued ACTION TAKEN
Item 4.a. continued
First in Class recipients
• Taylor Bateman, Sarah M. Moore,
Mandeep K. Sidhu - Centennial High
School
• Nicholas Gonzalez - East Bakersfield High
School
• William Beechinor, Taylor L. Holliday,
Samuel R. Johnston, Michelle A. Reimer,
Tavia N. Rutherford - Frontier High School
• Hillary C. Belo, Brandon M. Bonilla, Eryn
M. Worthing - Highland High School
• Jessica Hernandez - Independence High
School
• Savannah C. Cornelison, Denise M.
Guerra, William A. Knight, Christian M.
Lucas - Liberty High School
• Daniel Gross, Jacob D. Rogers - North
High School
• Joseph L. Cooney, Karl Hong, Vivik Nair,
Sona Shah - Stockdale High School
b. Presentation by Mayor Hall of Proclamation to
Dianne Hoover, Recreation & Parks Director,
proclaiming July, 2011, Recreation & Parks
Month,
Recreation & Parks Director Hoover accepted the
Proclamation, made comments and submitted written
material.
5. PUBLIC STATEMENTS
a. R. Steven Daniels, President of the Kern County
Chapter of the American Society for Public
Administration, spoke and presented the 2011
Public Service Award to Mayor Harvey L. Hall.
6. WORKSHOPS
None.
7. APPOINTMENTS
None.
Bakersfield, California, June 29, 2011 - Page 3
8. CONSENT CALENDAR ACTION TAKEN
Minutes:
a. Approval of minutes of the June 8, 2011 Regular
City Council Meeting,
Payments:
b. Receive and file department payments from
May 26, 2011 to June 16, 2011 in the amount of
$23,363,179.73 and self-insurance payments
from May 26, 2011 to June 16, 2011 in the
amount of $671,403.62, totaling $24,034,583.35,
Ordinances:
None.
Resolutions:
C. Resolution confirming approval by the City RES 054-11
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.
d. Resolution authorizing the recording of an RES055-11
affordable housing covenant on the City
owned property located at 408 and 424 20th
Street as required for the State of California
Prop 1 C grant for Mill Creek.
e. Resolution approving application for RES056-I1
annexation of uninhabited territory to the City
identified as Annexation No. 629 consisting of
2.75 acres located at the southwest corner of
Wilson Road and S. Union Avenue.
f. Resolution authorizing sale of surplus light bars RES057-11
and sirens to the City of McFarland Police
Department for $20.00.
g. Resolution authorizing sale of surplus mobile RES 058-11
and portable radios to the City of McFarland
Police Department for $240.00,
!209
1210 Bakersfield, California, June 29, 2011 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
h. Resolution authorizing the Police Department to
RES 059-11
accept funding ($50,000) made available
through the Grant Assistance Program (GAP) of
the California Department of Alcoholic
Beverage Control (ABC).
I. Disposal of real property located west of
Canteria Drive:
1. Resolution declaring real property surplus
RES 060-11
to the needs of the City.
2. Quitclaim Deeds to Juliana's Garden,
DEED 7463
DEED 7464
LLC conveying excess land.
j. Disposal of real property located south of
California Avenue and east of Owens Street:
1. Resolution declaring real property surplus
RES 061-11
to the needs of the City.
2. Agreement with Gryphon Capital, LLC
AGR 11-070
($272,000) for purchase of land.
k, Hooper Avenue & Kimberly Avenue Planned
REMOVED FOR
Sewer Area:
SEPARATE
CONSIDERATION
Resolution of Intention No. 1692 to
establish the Hooper Avenue & Kimberly
Avenue Planned Sewer Area and
preliminarily approving the boundaries of
the area and the cost and fee schedule.
2. First Reading of Ordinance amending
Section 16.32.060 of the Municipal Code
relating to sewer facilities by adding the
Hooper Avenue and Kimberly Avenue
Planned Sewer Area.
Resolution of Intention No. 1693 to add territory, ROI 1693
Area 5-62 (3001 Gateway Avenue) to the
Consolidated Maintenance District and
preliminarily approving, confirming and
adopting the Public Works Director's Report.
Agreements:
M. Landscape Improvement Agreements with AGR 11-071
D. R. Horton, Los Angeles Holding Co., Inc. for AGR 11-072
Tract No. 6406 Phase 6, 7 & 8 located east of AGR 11-073
Vineland Avenue and south of Panorama Drive.
Bakersfield, California, June 29, 2011 - Page 5
8. CONSENT CALENDAR continued
n. Contract for legal services regarding water
related matters:
1. Agreement with Duane Morris, LLP, for
fiscal years 2011 /2012 ($750,000),
2012/2013 ($875,000), and 2013/2014
($1,000,000).
2. Appropriation of $750,000 ($375,000
Agricultural Water Fund Balance and
$375,000 Domestic Water Fund Balance)
to the Water Resources Department
Operating Budget to pay legal fees for
year one of the agreement.
o. Amendment No. 2 to Agreement No. 07-312
with PCL Industrial Services, Inc. ($136,800) for
ground lease at the Municipal Airport, 2000 S.
Union Avenue,
P. Amendment No. 1 to Agreement No. 11-050
with Leslie's Poolmart, Inc. (extending
completion date-no increase) for the
L commercial pool heater replacements at
McMurtrey Aquatic Center.
Bids:
q, Accept bid and approve annual contract to
Safeway Sign Co. (not to exceed $75,343.14)
for traffic signals.
r. Accept bid and approve contract with Pacific
West Sound, Inc. ($48,273.79 for amplifier
replacement at the Rabobank Arena.
S. Pavement Rehabilitation 2011 Phase 3 -
Pacheco Road from Akers Road to Wible
Road; Pacheco Road from Hughes Lane to S. H
Street:
1. Accept base bid and Additive Alternate
No. 1 and approve contract with
Granite Construction Co. ($1,207,708) for
project.
2. Appropriate $268,980 Federal Surface
Transportation Funds to the Public Works
Department Capital Improvement
Budget within the SAFETEA-LU Fund.
ACTION TAKEN
AGR 11-074
AGR 17-312(2)
AGR 11-050(l)
AGR 11-075
AGR 11-076
AGR 11-077
-121-1-
2 1 7, Bakersfield, California, June 29, 2011 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8,s, continued
3. Appropriate $34,849 additional Gas Tax
revenues to the Public Works
Department Capital Improvement
Budget within the Gas Tax Fund for the
local match requirement.
Pavement Rehabilitation 2011 Phase 2: Stine
Road from Pacheco Road to White Lane:
Accept bid and approve contract with AGR 11-078
Granite Construction Co. ($1,611,888)
for project,
2, Appropriate $378,492 Federal Surface
Transportation Funds to the Public Works
Department Capital Improvement
Budget within the SAFETEA-LU Fund.
3. Appropriate $49,037 additional Gas Tax
revenues to the Public Works
Department Capital Improvement
Budget within the Gas Tax Fund for the
local match requirement.
U. Accept bid from Fireblast 451, Inc. ($111,919) for
the purchase of a portable car fire training
prop for the Fire Department.
V. Accept bid from Fireblast 451, Inc. ($88,104) for
the purchase of a portable flammable liquids
training unit for the Fire Department.
Miscellaneous:
W. Revised job specifications for Associate
Attorney - # 88250.
X. Neighborhood Stabilization Program (NSP3):
Approval of Department of Housing &
Urban Development (HUD) Action Plan
Amendment No. 6 (FY 10/11) &
Consolidated Plan 2010 Substantial
Amendment for Neighborhood
Stabilization Program funds.
Bakersfield, California, June 29, 2011 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.x. continued
2. Appropriate $3,320,927 Neighborhood
Stabilization Program (NSP3) funds to the
operating budget in the Neighborhood
Stabilization Program Fund to assist with
abandoned, foreclosed and vacant
properties.
Vice-Mayor Couch requested that item 8.k. be
removed for separate consideration.
Motion by Vice-Mayor Couch to adopt Consent
Calendar items 8.a. through 8.x., with the removal of APPROVED
item 8.k. for separate consideration.
Hooper Avenue & Kimberly Avenue Planned
Sewer Area:
Resolution of Intention No. 1692 to ROI 1692
establish the Hooper Avenue & Kimberly
Avenue Planned Sewer Area and
preliminarily approving the boundaries of
the area and the cost and fee schedule.
2. First Reading of Ordinance amending FR
Section 16.32.060 of the Municipal Code
relating to sewer facilities by adding the
Hooper Avenue and Kimberly Avenue
Planned Sewer Area.
Vice-Mayor Couch asked staff to consider a policy
that would extend the period of time beyond 5 years
for the homeowners to pay their connection and their
portion of the trunk line, and to come back to the next
meeting with a proposal.
Motion by Vice-Mayor Couch to adopt Consent APPROVED
Calendar item 8.k.
9. CONSENT CALENDAR PUBLIC HEARINGS
None.
10. CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to subdivision
L (a) of Government Code Section 54956.9
regarding Trammell v. Bakersfield Water Dept. -
Industrial Relations Case No. 20797-SDRCI.
1213
12!4
Bakersfield, California, June 29, 2011 - Page 8
10. CLOSED SESSION continued
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subdivision
(b)(3)(C) of Government Code Section 54956.9
(One matter).
C. Conference with Legal Counsel - Initiation of
Litigation; Closed Session pursuant to subdivision
(c) of Government Code Section 54956.9 (One
potential case).
Motion by Vice-Mayor Couch to adjourn to Closed
Session at 5.37 p.m.
Motion by Councilmember Weir to adjourn from
Closed Session at 7.10 p.m.
RECONVENED MEETING AT 7:21 p.m.
Mayor Hall acknowledged Boy Scout Troop 415 in
attendance to accomplish a citizen in community badge.
11. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9
regarding Trammell v. Bakersfield Water Dept. -
Industrial Relations Case No. 20797-SDRCI,
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subdivision
(b)(3)(C) of Government Code Section 54956.9
(One matter).
C. Conference with Legal Counsel - Initiation of
Litigation; Closed Session pursuant to subdivision
(c) of Government Code Section 54956.9 (One
potential case).
12. HEARINGS
ACTION TAKEN
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
CITY ATTORNEY
GIVEN DIRECTION
None.
1.2 15
Bakersfield, California, June 29, 2011 - Page 9
13. REPORTS
L a. Planning and Development Committee
Majority and Minority Reports regarding a
Proposed Cash Subsidy for Purchasers of Newly
Construction Homes.
The Majority Report recommends the City
Council not adopt a pilot program to provide a
cash subsidy for purchasers of newly
constructed homes in the amount of$2,500,
available for a maximum of 250 building permits
The Minority Report recommends the City
Council adopt a pilot program to provide a
cash subsidy for purchasers of newly
construction homes in the amount of $2,500,
available for a maximum of 250 building
permits.
Donna Carpenter, representing the Kern County
Homebuilders Association, spoke and thanked staff for
the ongoing conversations regarding how we can
stimulate our local economy and put people back to
work.
Councilmember Hanson read the Majority Report.
ACTION TAKEN
Motion by Councilmember Hanson to accept the APPROVED
Majority Report recommending the City Council not NOES WEIR
adopt a pilot program to provide a cash subsidy for
purchasers of newly constructed homes in the amount
of $2,500 available for a maximum of 250 building
permits.
Councilmember Weir discussed the Minority Report
and asked that Vice-Mayor Couch consider
establishing a task force that would specifically focus
on what can happen to stimulate and prod the
building of new homes in our community.
Vice-Mayor Couch referred the establishment of a
task force to staff and asked that it be brought back to
the City Council.
'216
14
15.
Bakersfield, California, June 29, 2011 - Page 10
DEFERRED BUSINESS ACTION TAKEN
a. Fiscal Year 2011-12 Budget:
1. Resolution approving and adopting the RES 062-11
City's Operating and Capital
Improvement Budgets.
2. Resolution approving and adopting the RES 063-11
Operating and Capital Improvement
Budgets for the Bakersfield
Redevelopment Agency.
3. Resolution establishing the City's RES 064-11
appropriations limit.
City Manager Tandy made staff comments.
Administrative Analyst Huot made staff comments and
recommended adoption of the Resolutions.
Councilmember Johnson stated that if the
redevelopment budget has to come back for
modification that he would be interested in looking at
a menu of options regarding what would happen to
the department in terms of revenues, deficiencies,
debt service and impact to the general fund if we let it
fail; if we keep it, what are the ramifications to the
department.
Motion by Vice-Mayor Couch to approve staff's APPROVED
recommendation to adopt the three Resolutions for the
Fiscal Year-2011-2012 Budget.
NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Weir announced he attended the
opening of the Kern Upland River Park, it is very
unique, and he hopes it is well-utilized by the people
of Bakersfield.
Councilmember Weir advised the City in the Hills Park
is coming together and expects to have it open at the
end of August.
Councilmember Weir asked staff to look at a more
expedient way to do future department budget
presentations and come back with a couple of
different recommendations.
121'
Bakersfield, California, June 29, 2011 - Page 11
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Benham wished everyone a happy
4m of July.
Councilmember Solos suggested having a report at
the next City Council meeting, or by way of a memo,
regarding the impacts of the newly-signed State
budget on redevelopment for the City.
Councilmember Solos requested that, with regard to
the State budget, the impacts for public safety be
discussed either at a City Council meeting or in the
Safe Neighborhoods & Community Relations
Committee.
Councilmember Solos requested that the issue of auto
thefts be addressed in the Safe Neighborhoods &
Community Relations Committee.
Councilmember Solos asked staff to let him know the
status of the paint dumping that happened south of
Mill Creek.
Councilmember Solos asked staff to respond to a
constituent regarding some street repairs in the area of
Lotus Lane.
Councilmember Solos asked staff to explore the
e-mail policy in other municipalities the some size as
Bakersfield, as well as what cities are doing regionally,
in Kern County and in the southern San Joaquin area.
Councilmember Solos thanked his online supporters
and asked staff to respond to a constituent about a
question brought up about maintenance districts.
Councilmember Johnson congratulated Mayor Hall on
the award he received this evening.
Councilmember Johnson thanked the City Council for
putting a small investment behind the Kern Economic
Development Corporation.
1218
Bakersfield, California, June 29, 2011 - Page 12
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Vice-Mayor Couch asked staff to respond to a
constituent regarding a traffic issue in the Villages of
Brimhall.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:53 p.m.
David Couch
Vice-Mayor
ATTEST:
CITY CLERK and Ex lo Clerk of
the Council of the Ci f Bakersfield