HomeMy WebLinkAbout08/17/11 CC MINUTES1229
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF AUGUST 17, 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, Weir, Hanson,
Sullivan, Johnson
Absent: Councilmember Benham
2. INVOCATION by Pastor Toure Tyler, The Cross Christian
Church.
3. PLEDGE OF ALLEGIANCE by Vice-Mayor Couch.
Mayor Hall acknowledged the students from Valley Oaks
Elementary School and Freedom Elementary School in
attendance at the meeting to learn about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Susan Hershberger, 2011 John Brock Community
Service Award winner, declaring September 8,
2011 as Susan C. Hershberger Day.
Ms. Hershberger accepted the Proclamation and
made comments.
5. PUBLIC STATEMENTS
a. LaQuette Milner, Director of LQ's Performing
Arts Center, spoke regarding a special program
being offered during August and September for
dance classes or to sponsor a child for $20, and
submitted written material; she also announced
that a new production, "Hip-Hop Wizard of Oz",
will be coming to Bakersfield in February.
Councilmember Sullivan announced she will be
making a donation to help the students.
ACTION TAKEN
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5.
6.
7.
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Bakersfield, California, August 17, 2011 - Page 2
PUBLIC STATEMENTS continued
b. Jack Rademacher spoke regarding our city's
air quality.
WORKSHOPS
None.
APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the July 13, 2011
Regular City Council Meeting.
Payments:
b. Receive and file department payments from
July 1, 2011 to August 3, 2011 in the amount of
$25,125,711.55 and self-insurance payments
from July 1, 2011 to August 3, 2011 in the
amount of $1,522,816.26, totaling 26,648,527.81.
Ordinances:
C. Adoption of Ordinance amending Municipal
Code Section 14.12.390, Subsections B and C,
relating to sewers. (FR 07/13/11)
d. Adoption of Ordinance amending Chapter
5.08 of Municipal Code relating to alarm
regulations. (FRoviv11)
e. Adoption 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 Taft Highway
to Ward 7. (FR 07/13/11)
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
ORD 4649
ORD 4650
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Bakersfield, California, August 17, 2011 - Page 3
CONSENT CALENDAR continued
f. First Reading of Ordinance determining the City
will comply with the Voluntary Redevelopment
Program pursuant to Part 1.9 of Division 24 of
the California Health and Safety Code in order
to permit the continued existence and
operation of the Bakersfield Redevelopment
Agency.
Resolutions:
g. Resolution confirming approval by the City
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. (Assessment hearing held
7/11/11)
h. Resolution confirming approval by the City
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. (Assessment hearing held
8/8/11)
i. Resolution approving application for
annexation of uninhabited territory to the City
identified as Annexation No. 622 consisting of
.18 acres located at 4724 Frazier Avenue,
j. Resolution amending the official list of
designated speed zones, pursuant to Sections
22357 and 22358 of the California Vehicle Code
and Chapter 10.24 of the Municipal Code.
Resolution determining that bidding for City
radio communications equipment cannot be
reasonably obtained through the usual bidding
procedures because of the need to integrate
into the existing City radio infrastructure and
authorizing the Finance Director to dispense
with bidding therefor, not to exceed $145,000.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
RES 071-11
RES 072-11
RES 073-11
RES 074-11
RES 075-11
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Bakersfield, California, August 17, 2011 - Page 4
8. CONSENT CALENDAR continued
M.
Resolution determining that Bioxide, a
proprietary chemical for sewer odor control
and reduction of sulfide gas levels, cannot be
reasonably obtained through the usual bidding
procedures and authorizing Finance Director to
dispense with bidding thereof for a period of
one year, not to exceed the budgeted amount
of $800,000.
Purchase of Mark VII car wash equipment:
Resolution determining that Mark VII car
wash equipment cannot be obtained
through the usual bidding procedures
and authorizing the Finance Director to
dispense with bidding therefor, not to
exceed $100,000.
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2. Agreement with Banks & Company (not
to exceed $100,000) to supply and install
replacement Mark VII car wash
equipment.
Holmatro Rescue Equipment:
1. Resolution determining that Holmatro
rescue equipment cannot be obtained
through the usual bidding procedures
and authorizing the Finance Director to
dispense with bidding therefor, not to
exceed $70,000.
2. Approve the purchase of three
replacement Halmatro rescue tools from
FS3 for total not to exceed $70,000.
Repair and replacement of Mesa Marin Sports
Complex water pump station:
1. Resolution determining that the timely
repair and replacement of the water
pump station cannot be reasonably
obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding
therefor and request water pump station
repair and replacement services from
Kern Sprinkler Landscaping, Inc. not to
exceed $102,000.
ACTION TAKEN
RES 076-11
RES 077-11
AGR 11-082
RES 078-11
RES 079-11
Bakersfield, California, August 17, 2011 - Page 5
8. CONSENT CALENDAR continued
Item 8.o. continued
2. Agreement with Kern Sprinkler
Landscaping, Inc. (total not to exceed
$102,000) to repair and replace water
pump station at Mesa Marin Sports
Complex.
3. Appropriate $102,000 from the Self-
Insurance Fund to the Self-Insurance
Operating Budget for project.
P. Disposal of real property located west of Union
Avenue and north of Hopper Court (24th Street);
1. Resolution declaring real property surplus
to the needs of the City.
2. Quitclaim Deed to Hopper Properties,
LLC conveying surplus property.
q. Resolution of Intention No. 1694 to add territory,
Area 4-102 (2408 & 2420 Eye Street) to the
Consolidated Maintenance District and
preliminarily approving, confirming and
adopting the Public Works Director's Report.
r. Resolution of Intention No. 1695 to add territory,
Area 3-82 (2739 Panama Lane) to the
Consolidated Maintenance District and
preliminarily approving, confirming and
adopting the Public Works Director's Report.
Agreements:
S. Final Tract Map and Improvement Agreement
with Adavco, Inc. and Lantz Family, LP for Tract
7216 located east of Windermere Street and
north of Panama Lane.
t. Fire Department Training Agreements:
1. Agreement with Kern Community
College District and County of Kern for
instructional services.
2. Memorandum of Understanding with
Kern Community College District and
County of Kern to maintain, upgrade
and operate the Olive Drive Training
Facility.
ACTION TAKEN
AGR 11-083
RES 080-11
DEED 7480
ROI 1694
ROI 1695
AGR 11-084
AGR 11-085
AGR 11-086
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Bakersfield, California, August 17, 2011 - Page 6
8.
CONSENT CALENDAR continued
Item 8.t, continued
3. License Agreement with Kern
Community College District and County
of Kern for Olive Drive Training Facility.
U. Agreement with T.Y. Lin International (not to
exceed $3,550,000) for SR-178 and Morning
Drive Interchange Project design services.
(TRIP)
V. Agreement with Pacific Gas & Electric Co.
($201,622) for the relocation of electric
distribution facilities in conflict with City's
Westside Parkway Phase 6A. (TRIP)
W. Amendment No. 1 to Agreement No. 10-072
with County of Kern ($160,500; revised not to
exceed $560,500) for reimbursement of
professional service costs for right-of-way of the
7th Standard Road Widening Project. (TRIP)
X. Hangar Lease:
Assignment of Agreement No. 93-63 from
Don Paul Martin to George S. Sturges, Jr.,
for Hangar A-9 at the Municipal Airport.
2. Amendment No. 1 to Agreement
No, 93-63 with George S. Sturges, Jr.,
extending term of lease.
Y. Amendment No. 9 to Agreement No. 04-214
with Parsons Water and Infrastructure (no
change in total compensation) to transfer
$60,000 from the Solar Energy Project scope of
work to the Plant 3 Expansion phase of work for
the Wastewater Treatment Plant 3 Expansion
Project design services.
Z. Amendment No. 1 to Agreement
No. 10-096/RA10-008 with the City for use of
Federal HOME Investment Partnership Funds
($250,000; revised not to exceed $1,550,000) for
affordable housing located at the 19th Street
Senior Plaza Project.
aa. Amendment No. 1 to Agreement No. 10-144
with Ennis Paint, Inc. ($50,000; revised not to
exceed $198,221.31 and extending term one
year) for traffic paint.
ACTION TAKEN
AGR 11-087
AGR 11-088
AGR 11-089
AGR 10-072(1)
AGR 93-63(A)
AGR 93-63(1)
AGR 04-214(9)
REMOVED BY STAFF
AGR 10-144(1)
Bakersfield, California, August 17, 2011 - Page 7
8. CONSENT CALENDAR continued
L bb. Amendment No. 1 to Agreement No. 10-132
with Jim Alfter Cement Contractor ($500,000;
revised not to exceed $2,709,172 and
extending term for one year.
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CC. Amendment No. 1 to Agreement No. 10-113
with Zim Industries, Inc. dba Bakersfield Well and
Pump Co. (no increase in amount; extends term
for two years) for maintenance and repair of
the Olcese Wells.
dd. Contract Change Order No. 1 to Agreement
No. 10-057 with System 3, Inc. ($26,118.16;
revised not to exceed $5,385,136.16) for the
Wastewater Treatment Plant No. 3 Solar
Photovaltaic Project.
ee. Contract Change Order Nos. 1 through 3 to
Agreement No. 11-035 with GSE Construction,
Inc. ($245,018; revised not to exceed
$4,933,018) for the Wastewater Treatment Plant
2 Septage/Grease Receiving Station and Odor
Control Project.
Bids:
ff. Reject all bids for the four door police special
sedans for the Police Department.
gg. Extend bid from Golf Ventures West
($142,585.09) for three replacement diesel
powered rotary mowers for the Recreation and
Parks Department.
hh. Extend bid from Kern River Power Equipment,
Inc. ($63,261.41) for five replacement riding
mulching lawn mowers for the Recreation and
Parks Department.
ii. Accept bid from Gibbs Truck Center
($95,989.44) for one replacement brush truck for
the Recreation and Parks Department.
jj. Accept bid from Bakersfield Truck Center
($148,948.07) for one replacement water truck
with 3,000 gallon capacity for the Streets
Division.
ACTION TAKEN
AGR 10-132(1)
AGR 10-113(1)
AGR 10-057
CCO1
AGR 11-035
CCO 1, 0002, 0003
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Bakersfield, California, August 17, 2011 - Page 8
8.
CONSENT CALENDAR continued ACTION TAKEN
kk. Accept bid from Municipal Maintenance
Equipment, Inc. ($302,431.51) for one
replacement mechanical rear broom street
sweeper for the Streets Division.
Accept bid from Jim Burke Ford ($266,523.29)
for three replacement aerial lift trucks for the
General Services Division.
mm. Accept bid from Refuse Power Systems
($257,185.50) for two replacement side loader
automated refuse bodies for the Solid Waste
Division.
nn. Traffic Signal, Lighting System and Median REMOVED FOR
Modification - California Avenue and Chester SEPARATE
CONSIDERATION
Avenue Project:
1. Accept bid and approve contract with
PTM General Engineering Services, Inc.
($237,037) for project.
2. Appropriate $30,000 Gas Tax fund
balance to the Public Works Department
Capital Improvement Budget.
oo. Accept bid and approve contract with Loop AGR 11-094
Electric, Inc. ($107,550.51) for construction of
Traffic Signal and Lighting System at the
Intersection of Olive Drive and Verdugo Lane
Project.
pp. Mill Creek Linear Park Sister City Gardens Project
- Phase A:
1. Accept bid and approve contract with AGR 11-090
Rock Bottom, Inc. ($1,100,000) for
construction of project.
2. Appropriate $200,000 Redevelopment
Agency (RDA) reimbursement to the
Public Works Capital Project Budget
within the Capital Outlay Fund for the
project.
qq. Accept bid and approve contract with
Raminha Construction, Inc. ($3,368,908) for AGR i 1-091
construction of Bakersfield City Sanitary Landfill
Final Closure Project.
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Bakersfield, California, August 17, 2011 - Page 9
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8.
CONSENT CALENDAR continued ACTION TAKEN
rr. Accept bid and approve contract to Granite AGR 11-092
Construction Co. ($1,063,104) for the Pavement
Rehabilitation 2011 Phase 4 - Ming Avenue from
Wible Road to Hughes Lane.
ss. Accept bid and approve annual contract with AGR 11-093
Badget Meter, Inc. (not to exceed $593,763.94)
to supply water meters.
Miscellaneous:
tt. Appointment of voting delegate for 2011
League of California Cities Annual Conference.
(Staff recommends appointment of Vice-Mayor
Couch as delegate.)
City Clerk Gafford announced that a memorandum
was received from staff providing clarification to item
8.c. regarding an ordinance pertaining to sewers, and
staff has requested that item 8.z. be pulled from the
agenda.
Councilmember Johnson requested that item 81 be
removed for separate consideration.
Councilmember Salas requested that item 8.nn. be
removed for separate consideration.
Vice-Mayor Couch requested that item 8.c. be
removed for separate consideration.
Motion by Vice-Mayor Couch to adopt Consent
APPROVED
Calendar items 8.a. through 8.tt., with the deletion of
AB BENHAM
8.z., and the removal of items 8.c., 84 and 8.nn. for
separate consideration.
C. Adoption of Ordinance amending Municipal
ORD 4648
Code Section 14.12.390, Subsections B and C,
relating to sewers. (FR o7livi i)
APPROVED
Motion b Vice-Mayor Couch to adopt Consent
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AB BENHAM
Calendar item 8.c.
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Bakersfield, California, August 17, 2011 - Page 10
8. CONSENT CALENDAR continued ACTION TAKEN
First Reading of Ordinance determining the City FR
will comply with the Voluntary Redevelopment
Program pursuant to Part 1.9 of Division 24 of
the California Health and Safety Code in order
to permit the continued existence and
operation of the Bakersfield Redevelopment
Agency.
Councilmember Johnson requested that the payment
to the State be delayed until the last day possible.
Councilmember Johnson asked that staff, prior to the
second reading of this ordinance, look into why some
jurisdictions, like Hanford and Desert Hot Springs, have
opted to delay their second readings.
Motion by Councilmember Johnson to give First APPROVED
Reading to the Ordinance. AB BENHAM
nn. Traffic Signal, Lighting System and Median
Modification - California Avenue and Chester
Avenue Project:
1. Accept bid and approve contract with
PTM General Engineering Services, Inc.
($237,037) for project.
2. Appropriate $30,000 Gas Tax fund
balance to the Public Works Department
Capital Improvement Budget.
Motion by Councilmember Salas to modify the
agreement to include audible signals for those
intersections and refer to committee to develop a
general policy for ADA compliance at major
intersections throughout the City.
City Attorney Gennaro advised that in order to
approve the motion Council would have to reject the
bids and re-bid the project since the original bid did
not include the audible signal.
Motion by Councilmember Salas to refer Consent APPROVED
Calendar item 8-nn. to the next City Council meeting. AB BENHAM
9. CONSENT CALENDAR PUBLIC HEARINGS
None.
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Bakersfield, California, August 17, 2011 - Page 11
10. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
b. Conference with Legal Counsel; Closed Session
pursuant to subdivision (b)(3)(A) of Government
Code Section 54956.9. (One matter)
Motion by Vice-Mayor Couch to adjourn to Closed
Session at 5:50 p.m.
Motion by Vice-Mayor Couch to adjourn from Closed
Session at 7.40 p.m.
RECONVENED MEETING AT 7:48 p.m.
11. CLOSED SESSION ACTION
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
b. Conference with Legal Counsel; Closed Session
pursuant to subdivision (b)(3)(A) of Government
Code Section 54956.9. (One matter)
12. REPORTS
a. Report by City Manager regarding an event
schedule.
Administrative Analyst Huot made staff comments,
recommended Council receive and file the report,
and asked for direction regarding receiving future
event schedule information.
Councilmember Solos suggested utilizing social
mediums and asked staff to come back with a
recommendation as to which social medium could be
used to promote events; and he also asked for
information regarding utilizing a reverse phone tree
system to notify the surrounding neighborhood
whenever a concert is being held.
Councilmember Johnson advised that receiving the
information in the Friday General Information memo is
sufficient for him.
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ACTION TAKEN
NO REPORTABLE
ACTION - STAFF
GIVEN DIRECTION
NO REPORTABLE
ACTION - STAFF
GIVEN DIRECTION
Bakersfield, California, August 17, 2011 - Page 12
12. REPORTS continued ACTION TAKEN
Item 12.a, continued
Councilmember Couch stated that he agreed with
Councilmember Johnson's suggestion.
Councilmember Sullivan advised that the purpose of
presenting the report at the Council Meeting is for the
benefit of the public, that it is an inexpensive way to
promote the excellent activities the City has to offer,
and that she would like these reports put on the
Council meeting agendas at least once a month.
Mayor Hall pointed out that each week The Bakersfield
Californian, in its Entertainment section on Thursdays,
does a very good job of highlighting all of the City
activities, so there is additional opportunity there for
the public to be able to monitor the activities that are
being conducted in the City.
In response to a question by Vice-Mayor Couch,
Administrative Analyst Huot advised that City events
are posted on Rabobank's website as well as the
City's Recreation and Parks Department's website,
depending on the nature of the event.
Motion by Vice-Mayor Couch to receive and file the
Report.
b. Ward Reapportionment.
Planning Director Eggert made staff comments and
provided a PowerPoint presentation.
City Attorney Gennaro made staff comments.
Councilmember Johnson requested that as the
process moves forward he wants to ensure that the
public has enough ample opportunity to speak and
provide feedback; and that if staff has an option they
want to bring forward, please don't do so at the last
minute, so the public has more than enough time to
comment and participate in the process.
In response to a question by Vice-Mayor Couch, City
Attorney Gennaro advised that this process needs to
be completed prior to October 22nd of next year,
however, she suggested a much quicker time pace
than that, such as January or February of 2012,
APPROVED
AB BENHAM
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Bakersfield, California, August 17, 2011 - Page 13
12. REPORTS continued
Item 12.b. continued
Councilmember Weir requested that a link be placed
on the City's homepage that would easily direct the
public how to find the proposed concepts.
Councilmember Sullivan asked Planning Director
Eggert to provide a copy of the variations in Council's
Friday delivery.
13. HEARINGS
None.
14. DEFERRED BUSINESS
a. Proposal to create a Housing Incentive Task
Force.
City Manager Tandy made staff comments.
Vice Mayor Couch asked that anyone who has any
particular ideas for this committee to consider, to
please submit them so staff can review them early in
the process, and he also requested that this item be
deferred until the next Council meeting.
15. NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Johnson requested that the Budget
and Finance Committee review the policy on rotation
of auditors.
Councilmember Johnson requested that the Budget
and Finance Committee review our wastewater
variable as it relates to our bonds.
Councilmember Johnson requested that the Safe
Neighborhoods Committee review an issue being
considered by the State Attorney General of
consolidating databases and merging them together.
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ACTION TAKEN
Bakersfield, California, August 17, 2011 - Page 14
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Johnson advised he received an
e-mail from a constituent regarding excessive noise in
vehicles and that he is going to invite him to make a
public presentation at the Safe Neighborhoods
Committee regarding this matter.
Councilmember Johnson thanked Building Director
Burns and his team for working with him and a local
business that has been very accommodating in
solving a neighborhood problem.
Councilmember Sullivan expressed her concern about
the condition of the litter on the freeway, specifically
from Ming to California avenues; she also mentioned
that the off ramp has not been getting any water for
weeks; and she commended the appearance and
improvements in the downtown area.
Councilmember Sullivan announced that on August
4th, In God We Trust America had their 7th annual
celebration of the 55th anniversary of the national
motto, and there was a wonderful turnout and guest
speaker Michael Reagan did an excellent job a
promoting patriotism; there are now almost 90 cities in
California that display the national motto in their
county and city chambers; and she expressed her
appreciation to Councilmembers Salas, Weir and
everyone who attended the event.
Councilmember Sullivan mentioned that George
Raymond Boden, the father of her four children,
passed away unexpectedly on August 9th at the age
of 78.
Councilmember Salas thanked his online supporters
that continue to join him for a virtual chat prior to each
Council meeting, and advised that the next one will
be at a different website, www.rudyforbakersfield.com.
Councilmember Salas thanked the Fire Department for
hosting another kids' fire safety academy with local
residents, which will be on Saturday, September 20th.
Councilmember Salas invited everyone to the ribbon
cutting/grand reopening at 2:00 p.m. tomorrow of the
Friendship House Community Center and he thanked
the City for its leadership in helping bring this about.
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Bakersfield, California, August 17, 2011 - Page 15
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Salas thanked Public Works for the
street work being done in Ward 1 and for recently
redoing the street in front of the fairgrounds.
Councilmember Salas asked Public Works Director
Rojas to follow up with him regarding an issue with
Mr. Wallace.
Councilmember Salas asked Public Works Director
Rojas to follow up with him to resolve an issue
regarding Mr. Davidson, who collected signatures from
his neighbors for an issue in the neighborhood.
Vice-Mayor Couch thanked the City Manager and
staff for working diligently with PG&E to take down the
cooling towers and possibly the Quonset huts at the
Kern Power Plant at the corner of Rosedale Highway
and Coffee Road, which has been an eyesore of
Bakersfield for many years.
Vice-Mayor Couch asked staff to give him a call
regarding several referrals.
Mayor Hall announced that on July 27th, he had the
opportunity to go to the new Federal Courthouse
construction project and meet with the representatives
of the construction firm and saw how they put up the
walls and learn what they are doing to build the
courthouse; and the construction company had many
favorable comments regarding how City staff has
treated them.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:20
ATTEST:
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CITY CLERK and Ex OM Clerk of
the Council of the City of Bakersfield
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Bakersfield, California, August 17, 2011 - Page 16
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