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