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HomeMy WebLinkAbout07/13/11 CC MINUTES121 9 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JULY 13, 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 Dr. Larry Corcoran, Central Baptist Church. 3. PLEDGE OF ALLEGIANCE by Joseph Keay, 3rd grade student, Old River Elementary School. 4. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Craig Neville, owner of Henley's Photo, declaring July 13, 2011, Henley's Photo Day. Mr. Neville accepted the Proclamation and made comments. 5. PUBLIC STATEMENTS a. Tommy Russell thanked the City Council and staff for his neighborhood's recent annexation into the City. b. Marvin Dean commended Councilmember Salas, and spoke regarding an upcoming bonding and insurance workshop on July 14th. C. Rainow Bird-Baldwin spoke regarding the bonding program. ACTION TAKEN d. Arthur Unger spoke regarding white roofs and submitted written material. Bakersfield, California, July 13, 2011 - Page 2 5. PUBLIC STATEMENTS continued ACTION TAKEN e. The Scout leader from Troop 442 with the Westside Church of Christ announced that the Boy Scouts were in attendance at tonight's meeting to earn their communications merit badge. 6. WORKSHOPS a. Healthy Air Living. Mike Oldershaw, representing the San Joaquin Valley Air Polluition Control District, made a PowerPoint presentation and submitted written material. 7. APPOINTMENTS a. One appointment for an Alternate Member to the Keep Bakersfield Beautiful Committee, due to the opening created by the appointment of Antonio Martinez as a Regular Member, whose term as an Alternate was to expire November, 2012. City Clerk Gafford announced that this is a Ward 6 nomination, and one application was received from Sophia Louann Ramirez. Motion by Councilmember Sullivan to appoint Sophia APPROVED Louann Ramirez as an Alternate Member to the Keep Bakersfield Beautiful Committee, term expiring November 2012. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the June 29, 2011 Regular City Council Meeting. Payments: b. Receive and file department payments from June 17, 2011 to June 30, 2011 in the amount of $10,074,444.96 and self-insurance payments from June 17, 2011 to June 30, 2011 in the amount of $465,663.35, totaling $10,540,108.31. Bakersfield, California, July 13, 2011 - Page 3 8. CONSENT CALENDAR continued ACTION TAKEN Ordinances: C. First Reading of Ordinance amending Municipal Code Section 14.12.390, Subsections B and C, relating to sewers. d. First Reading of Ordinance amending Chapter 5.08 of Municipal Code relating to Alarm Regulations. e. First Reading of Ordinance amending Municipal Code Sections § 1. 12.040 and § 1. 12.070 by adding Annexation No. 548 consisting of 567.66 acres located along the south side of Stockdale Highway, west of Renfro Road and Annexation No. 608 consisting of 287.88 acres located along the south side of Seventh Standard Road, north of Snow Road and west of Coffee Road to Ward 4; and Annexation No. 627 consisting of 4.78 acres located along the east side of Stine Road between McKee Road and Taff Highway to Ward 7. Resolutions: f. Resolution approving application for annexation of uninhabited territory to the City identified as Annexation No. 637 consisting of 10.45 acres located west of Calloway Drive along the north side of Rosedale Highway. g. Resolution to add territory, Area 5-62 (3001 Gateway 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. h. Resolution authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act funds for FY 11 /12 ($239,997) for maintenance of the Bakersfield Amtrak Station during said fiscal year. FR FR FR RES 065-11 RES 066-11 RES 067-11 '22' 1222 Bakersfield, California, July 13, 2011 - Page 4 8. CONSENT CALENDAR continued Resolution authorizing the execution of a standard agreement or other documents to secure a Housing Related Parks Grant from the California Department of Housing and Community Development for the proposed Mill Creek Linear Park Sister City Garden. Agreements: j. Agreement with Padre, L.P. for Economic Development job creation activities associated with the 19th and H streets staging area project adjacent to the Downtown Arts District. k. Utility Agreement with Pacific Gas and Electric Co. ($29,460) for relocating one pole along the Masterson Street alignment. 1. Reimbursement Agreement with Kern County Water Agency ($28,000) for relocation of a water pipeline and an electrical line for the Westside Parkway Phase 6A Project. (TRIP) M. Amendment No. 5 to Agreement No. 06-208 with Dokken Engineering ($441,000; revised not to exceed $7,808,674) for engineering design services for Phase 4 of the Westside Parkway Project. (TRIP) n. Amendment No. 2 to Agreement No. 09-087 with CompuCom Systems, Inc. ($215,385.20) to provide Microsoft licenses for 1,029 computers. o. Amendment No. 2 to Agreement No. 09-122 with Granite Construction, Inc. ($750,000; revised not to exceed $1,750,000 and extends term 1 year) for HUD funded street materials. P. Amendment No. 2 to Agreement No. 10-063 with Pavement Recycling Systems, Inc. ($200,000; revised not to exceed $492,000) for cold planing. q. Amendment No. 2 to Agreement No. 10-177 with Stay Green, Inc. ($100,000; revised not to exceed $235,000) for tree trimming. ACTION TAKEN RES 068-11 REMOVED FOR SEPARATE CONSIDERATION AGR 11-080 AGR 11-081 AGR 06-208(5) AGR 09-087(2) AGR 09-122(2) AGR 10-063(2) AGR 10-177(2) Bakersfield, California, July 13, 2011 - Page 5 8. CONSENT CALENDAR continued L r. Contract Change Order Nos. 6, 8, 10 and 11 to Agreement No. 08-214 with Security Paving Company, Inc. ($844,440.27; revised not to exceed $29,074,006.08) for construction of the Westside Parkway Phase 1 Project. (TRIP) S. Contract Change Order Nos. 36, 63, 72, 73 and 98 to Agreement No. 07-304 with Security Paving Construction ($93,465.43; revised not to exceed $33,076,815.13) for State Route 178 and Fairfax Road Interchange Project. (TRIP) Contract Change Order No. 4 to Agreement No. 10-079 with JO-SH General Engineering, Inc. ($120,336.76; revised not to exceed $1,024,542.53) for adjustment of water main installations as a result of utility conflicts at various locations within the project. Bids: Miscellaneous: L u. Department of Housing & Urban Development (HUD), Community Development Block Grant (CDBG) Amendment No. 5 (FY 10-11). City Clerk Gafford announced staff has submitted amended backup for item 8.d. and additional backup for items 8.j. and 8.u. Councilmember Johnson requested that item 8.j. and 8.u. be removed for separate consideration. Motion by Vice-Mayor Couch to adopt Consent Calendar items 8.a. through 8. u., with the removal of items 8.j. and 8. u. for separate consideration. j. Agreement with Padre, L.P. for Economic Development job creation activities associated with the 19th and H streets staging area project adjacent to the Downtown Arts District. Councilmember Johnson stated he would like to pursue additional options of looking at purchasing or doing something so it accomplishes the goals outlined in the Council Goals and Objectives to pursue property acquisition, and that he would oppose the proposal as it sits today unless he hears something to the contrary. ACTION TAKEN AGR 08-214 0006, 0008, CCO10, CCO 11 AGR 07-304 00036, 00063, 00072, 00073, 00098 AGR 10-079 0004 REMOVED FOR SEPARATE CONSIDERATION APPROVED AGR 11-079 '22? 22, Bakersfield, California, July 13, 2011 - Page 6 8. CONSENT CALENDAR continued Item 8J. continued Councilmember Hanson asked, for the record, if the Padre is current with their loan from the City. Economic Development Director Kunz responded that the Padre has been current since they started payments, and they are current today. Motion by Councilmember Benham to adopt Consent Calendar item 8.j. U. Department of Housing & Urban Development (HUD), Community Development Block Grant (CDBG) Amendment No. 5 (FY 10-11). Councilmember Johnson reiterated his previous comment made under item 8.j. above. Motion by Councilmember Benham to adopt Consent Calendar item 8.u. 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. CLOSED SESSION a, Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(3)(B) of Government Code Section 54956.9 (one matter): State action to eliminate redevelopment agencies. Motion by Vice-Mayor Couch to adjourn to Closed Session at 6:07 p.m. Motion by Councilmember Weir to adjourn from Closed Session at 7:00 p.m. RECONVENED MEETING AT 7:08 p.m. 11. CLOSED SESSION ACTION a, Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(3)(B) of Government Code Section 54956.9 (one matter): State action to eliminate redevelopment agencies. ACTION TAKEN APPROVED NOES JOHNSON APPROVED NOES JOHNSON APPROVED APPROVED NO REPORTABLE ACTION Bakersfield, California, July 13, 2011 - Page 7 12. HEARINGS a. Public Hearing to consider Hooper Avenue and Kimberly Avenue Planned Sewer Area: 1. Resolution adopting the Hooper Avenue and Kimberly Avenue Planned Sewer Area and making findings thereto. 2. Adoption of Ordinance amending Section 16.32.060 of the Municipal Code relating to Sewer Facilities to include the Hooper Avenue and Kimberly Avenue Planned Sewer Area. (FR 06129111) City Clerk Gafford announced that staff has submitted a corrected Resolution for this Hearing. Public Works Director Rojas made staff comments and recommended adoption of the Resolution and the Ordinance. Hearing opened at 7:11 p.m. Bill Johnson, Tommy Russell, Harold Sugden and Ken Casanova spoke in opposition to, and made comments regarding, the staff recommendation. No one spoke in support of the staff recommendation. Hearing closed at 7:21 p.m. Vice-Mayor Couch asked staff to send out the letter, the schedule and the repayment policy to the residents of the planned sewer area; and he asked staff to consider adopting a 9- or 10-year repayment policy. Motion by Vice-Mayor Couch to adopt the Resolution and the Ordinance. ACTION TAKEN RES 069-11 ORD 4647 APPROVED .1-225 J- Bakersfield, California, July 13, 2011 - Page 8 13. REPORTS ACTION TAKEN a. State of California Budget Approval and Impact to the Bakersfield Redevelopment Agency: 1, Staff Report regarding the status of recent State budget actions and significant impacts to the Bakersfield Redevelopment Agency. 2. Resolution stating the City's intention to make remittances required by ABX1 27 in RES 070-11 order to avoid dissolution of the Bakersfield Redevelopment Agency. City Clerk Gafford announced that staff has submitted additional information on this item. City Manager Tandy made staff comments, and recommended acceptance of the report and adoption of the Resolution. Economic Development Director Kunz made staff comments. Motion by Vice-Mayor Couch to accept the APPROVED report and adopt the Resolution. 14. DEFERRED BUSINESS None. 15. NEW BUSINESS None. 16. COUNCIL AND MAYOR STATEMENTS Councilmember Salas thanked Public Works for the work they are doing on Union Avenue to take care of the street lights and asked to be kept apprised of the progress. Councilmember Salas asked that the issue of use of force and escalation of force be placed on the agenda of the City and County Joint Safe Neighborhoods Committee meeting, so the public understands how this joint effort works between the Sheriff's Department and the Police Department. Bakersfield, California, July 13, 2011 - Page 9 2 16. COUNCIL AND MAYOR STATEMENTS L Councilmember Salas thanked Fire Chief Greener for sending him information regarding the new law for carbon monoxide. Councilmember Salas thanked staff for the memo regarding the illegal dumping that was taken care of south of Mill Creek. Councilmember Salas thanked his online supporters who joined him at 4:00 o'clock just before today's City Council meeting. Councilmember Salas thanked Recreation and Parks Director Hoover for allowing him to be a part of the campaign with the Department of Parks and Recreation. Councilmember Johnson asked Public Works to provide an update regarding an unanswered assessment district matter from June. Councilmember Sullivan commended Mayor Hall, City Manager Tandy and Chief of Police Williamson for their excellent presentations at the State of the City luncheon on Tuesday. Councilmember Sullivan encouraged smokers to not leave cigarette butts on the ground for someone else to clean up. Councilmember Sullivan advised that she participated in the Litter Index on Saturday with Keep Bakersfield Beautiful, and she noticed there was less dumping and less litter than in the last few years. Vice-Mayor Couch asked staff to encourage others responsible for maintaining Rosedale Highway to do as good a job as the City with regard to the removal of tumbleweeds. ACTION TAKEN Councilmember Couch commended the City presentations at Tuesday's State of the City luncheon. tz?g Bakersfield, California, July 13, 2011 - Page 10 16. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN Mayor Hall announced he received a call this week from the local Caltrans Maintenance Division, and they have received all of the necessary parts and equipment to start repairing the sprinkler system on the northbound side of Freeway 99 where the trees were beginning to die because of a lack of watering, so they are in the process of working on beautification of the area; and, unfortunately, the State of California has informed Caltrans that they will no longer be approving the custody facility in Shafter, who supplies the manpower for a lot of the freeway work that is done with litter pickup. Mayor Hall announced that tomorrow morning at 8:00 a.m. the California High Speed Rail Authority will be in Bakersfield to conduct their monthly meeting at the Kern County Board of Supervisors; and there will be an open house that will begin at 8:00 o'clock in the rotunda at the Board of Supervisors, and then the actual High Speed Rail Authority meeting will begin at 11:00 o'clock. 17. ADJOURNMENT Mayor Hall adjourned the meeting of 7:48 of the City of Bakersfield, CA ATTEST; CITY CLERK and Ex icio Clerk of the Council of the City of Bakersfield