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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 1231 5. 6. 7. 8. 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 L L 8. 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 '231 J L 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. n o. 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 4. , ± 2') A 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. L L 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 i2~~ .14 1236 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. J Bakersfield, California, August 17, 2011 - Page 9 L L 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 Y AB BENHAM Calendar item 8.c. !.2?3 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. I WJ J '2'3 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. L 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 J J ,241 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. L 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. '243 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: P CITY CLERK and Ex OM Clerk of the Council of the City of Bakersfield ,241 Bakersfield, California, August 17, 2011 - Page 16 ****THIS PAGE INTENTIONALLY LEFT BLANK**** s y ~rrll