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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 14, 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,
Sullivan, Johnson
Absent: Councilmember Hanson
2. INVOCATION by Pastor Roger Norwood, Bakersfield
Bakersfield First Assembly of God Church.
3. PLEDGE OF ALLEGIANCE by Carlos Garcia, 4m grade
Student at Del Rio Elementary School.
Mayor Hall acknowledged the students from Bakersfield
College Government class in attendance at the meeting to
learn about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to
To Links for Life Board of Directors, President
Stephanie Lynch, declaring October, 2011,
Paint the Town Pink Month.
Stephanie Lynch accepted the Proclamation and
made comments.
b. Presentation by Mayor Hall of a Proclamation to
KC the Bull and Kern County Fair CEO Bill Blair,
declaring September 21 - October 2, 2011, as
Kern County Fair Days.
ACTION TAKEN
KC the Bull was present. Bill Blair accepted the
Proclamation and made comments.
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Bakersfield, California, September 14, 2011 - Page 2
ACTION TAKEN
5. PUBLIC STATEMENTS
a. Alan Scott, Citizens for High Speed Rail
Accountability in Kings County, supported
extension of review period for High Speed Rail
environmental documents, and addressed
negative impacts to the cities.
b. Michael Kennedy, principal of Bethel Christian
School, spoke regarding the negative impacts
of the High Speed Rail.
Couch requested Mr. Kennedy provide contact
information so that staff may contact him and include
his comments with the City's comments on the EIR.
C, Robert Larson spoke regarding FEMA camps on
Seventh Standard Road.
6. WORKSHOPS
a. Update on the Review of the Draft
Environmental Impact Report for the High
Speed Rail Project.
City Manager Alan Tandy made comments and
indicated that the 60-day period is currently underway
in which comments can be made on the EIR. This
comment period is significant, as it preserves the city's
ability to take action if the Final ERI has not responded
to our comments. A 30-day extension has been
requested.
Jim Eggert made staff comments and provided a
PowerPoint presentation.
Vice-Mayor Couch asked staff to consider
whether a comment should be made with our
response concerning a different location.
Motion by Vice-Mayor Couch to accept report. APPROVED
7. APPOINTMENTS AB HANSON
a. Application for Appointment of the Large City
Member from Kern County to the San Joaquin
Valley Air Pollution Control District Governing
Board.
Bakersfield, California, September 14, 2011 - Page 3
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APPOINTMENTS Continued
Motion by Vice-Mayor to appoint Councilmember
Hanson to the San Joaquin Valley Air Pollution Control
District Governing Board.
ACTION TAKEN
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CONSENT CALENDAR
Minutes:
a. Approval of minutes of the August 17, 2011
Regular City Council Meeting.
Payments:
b. Receive and file department payments from
August 4, 2011 to September 1, 2011 in the
amount of $34,375,769.22 and self-insurance
payments from August 4, 2011 to September 1,
2011 in the amount of $1,156,668.86 totaling
$35,532,438,08.
Ordinances:
C. First Reading of Ordinance amending Municipal
Code Section § 1. 12,070 by adding Annexation
No. 604 consisting of 26.40 acres along the
north and south side of Taft Highway, east of S.
H Street to Ward 7.,
d. Adoption of Ordinance determining to permit
the continued existence and operation of the
Bakersfield Redevelopment Agency (FR
8/17/11)
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Resolutions:
e. Resolution authorizing the Police Department to
apply for the Edward Byrne Memorial Justice
Assistance Grant ($185,624) from the U.S.
Department of Justice to expand the
downtown surveillance system, by adding
cameras to cover the Police Headquarters
building and areas on Union Avenue identified
by high crime rates.
APPROVED
AB HANSON
FR
ORD 4651
RES 081-11
Bakersfield, California, September 14, 2011 - Page 4
8.
CONSENT CALENDAR continued
f. Cry Wolf Alarm Permit and False Alarm
Management Services;
1. Resolution determining that Cry
Wolf False Alarm Management
Software, Billing and Collection
services cannot be reasonably
obtained through the usual
bidding procedures and
authorizing the Finance Director
to dispense with bidding therefor
and establish Cry Wolf False Alarm
Management Software, Billing
and Collection services with
Public Safety Corporation.
2. Agreement with Public Safety
Corporation to integrate the Cry
Wolf Alarm Management system
with the Police Records
Management System to
facilitate the administration of
false alarm charges and
collections.
g. Resolution in support of the ACR 42 regarding
"Eat Local, Buy California Grown Day"
h, Resolution 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 and authorizing
collection of assessments by the Kern County
Tax Collector,
Resolution 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 and authorizing
collection of assessments by the Kern County
Tax Collector.
ACTION TAKEN
RES 082-11
AGR 11-095
REMOVED FOR
SEPARATE
CONSIDERATION
RES 084-11
RES 085-11
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Bakersfield, California, September 14, 2011 - Page 5
8. CONSENT CALENDAR continued
Resolution of Intention No. 1697 to
add territory, Area 5-63 (6801 Colony Street) to
the Consolidated Maintenance District and
preliminarily approving, confirming and
adopting the Public Works Director's Report.
k. Resolution of Intention No. 1698 to add territory,
Area 1-88 (2700 Calloway Drive) to the
Consolidated Maintenance District and
preliminarily approving, confirming and
adopting the Public Works Director's Report.
Agreements:
Agreement with Covanta Delano, Inc.
(anticipated annual revenue to the City is
estimated at $750,000) for the sale of wood
chips from the Mt. Vernon Recycling Facility.
M. Agreement with SMG (not to exceed $60,000)
for reimbursement of costs associated
with renting Rabobank Area for the Christian
Congregation of Jehovah's Witnesses
2012 conventions
n. Amendment No. 4 to Agreement No. 08-179
with Sungard Public Sector, Inc.
($168,853.33) for service support of licensed
software,
o. Amendment No. 2 to Agreement No. 10-151
with Jim Alfter Cement Contractor
($150,000; revised not to exceed $463,352.50
and extend term one year) for canal
liner repair.
P. Amendment No. 2 to Agreement No. 09-058
with Nolte Associates, Inc. ($446,159.98;
revised not to exceed $6,532,920.93) for
Construction Management Services for the
Westside Parkway Project Phase 2.
Bids:
q. Reject all bids for Street Improvements, Padre
Hotel Block Project and Street
Improvements, 19th and H Street Staging Area
Project.
ACTION TAKEN
ROl 1697
ROI 1698
AGR 11-096
AGR 11-097
AGR 08-179(4)
AGR 10-151(2)
AGR 09-058(2)
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Bakersfield, California, September 14, 2011 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
Reject all bids for the Development Services
HVAC Replacement Project.
S. Reject all bids for four-axle refuse trucks with
roll-off bins.
Accept bid and approve contract with AGR 11-098
Rock Bottom, Inc. ($140,725.01) for Landscape
Improvements, Municipal Airport Project,
U. Accept bid from Central California Power
($299,910) for the engine replacement on
six Elliot trailer-mounted generators used by the
Streets and Wastewater Divisions.
V. Accept bid from Quinn Co. ($76,697.40) for one
replacement pneumatic rubber
tired roller for the Streets Division,
W. Accept bid from Cyber Computers, Inc.
($131,592.66) for 33 replacement Panasonic
Toughbook laptops for Information Technology
Division.
X. Accept bid from Cyber Computers, Inc,
($92,704.68) for 84 replacement Lenovo
office laptops for the Information Technology
Division.
Y. Accept bid from Dell Marketing L.P. ($49,026.75)
for one additional Dell Equal Logic Storage
Area Network for the Information Technology
Division,
Z. Accept bid from Impex Technologies, Inc.
($63,014,74) for three replacement Dell
R810 servers for the Information Technology
Division.
aa. Accept bid and approve contract with Vulcan AGR 11-099
Materials Co. (not to exceed
$6,000,000) for the supply of street materials.
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Bakersfield, California, September 14, 2011 - Page 7
8.
CONSENT CALENDAR continued
Miscellaneous:
bb. Budget and Finance Committee Report
regarding Department of Housing & Urban
Development (HUD), Community Development
Block Grant (CDBG) and HOME
Investment Partnership (HOME) Amendment
No. 1 (FYI 1-12).
Reduce CDBG, HOME and ESG
Operating and Capital Budgets
by $799,422 in accordance with
HUD FY 2011-12 Action Plan
Amendment No. 1.
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9.
cc, Appropriate $50,000 State Grant Revenues
(FY 2011-12 Grant Assistance Program
from the State Office of Alcoholic Beverage
Control) to the General Fund Police
Operating Budget, to fund overtime for the BPD
Vice division to conduct minor
decoy, shoulder tap operations, and provide
ABC training.
dd. City position on 2011 League of California Cities
resolutions.
ee. City Event Promotion during Council Meetings.
Councilmember Solos requested that item 8.g. be
removed for separate consideration.
ACTION TAKEN
Motion by Vice-Mayor Couch to adopt Consent APPROVED
Calendar items 8.a. through 8.ee., with the removal of AB HANSON
item 8g. for separate consideration.
g. Resolution in support of the ACR 42 regarding
"Eat Local, Buy California Grown Day."
Motion by Councilmember Solos to adopt resolution. APPROVED
AB HANSON
CONSENT CALENDAR PUBLIC HEARINGS
None.
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Bakersfield, California, September 14, 2011 - Page 8
10. CLOSED SESSION
ACTION TAKEN
a, Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subdivision
(b)(3)(A) of Government Code Section 54956.9.
(One matter)
b. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for
the following:
1. Youngblood, Harold v. City; KCSC
Case No. S-1500-CV-271785-DRL.
2. Halley, Darren v. City; KCSC Case
No. S-1500-CV-264464-DRL.
3. Torres, James Arthur v. Bakersfield
Police Department, KCSC Case
No. S-1500-CV-269344-WDP.
4. Anderson, Leon, Sr., et al v. City,
et al; KCSC Case No. S-1500-CV-
267009-DRL.
City Clerk Gafford announced that during Closed
Session, an activity report will be aired in the Council
Chambers and on television identifying shows and
events at city venues, as well as city park and
recreation activities. These events will continue to air
during Closed Session at future meetings.
Motion by Vice-Mayor Couch to adjourn to Closed APPROVED
Session at 6:30 p.m. AB HANSON
Motion by Vice-Mayor Couch to adjourn from APPROVED
Closed Session at 7.17 p.m. AB HANSON
11. CLOSED SESSION ACTION
C. Conference with Legal Counsel - Potential NO REPORTABLE
Litigation; Closed Session pursuant to subdivision ACTION
(b)(3)(A) of Government Code Section 54956.9.
(One matter)
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Bakersfield, California, September 14, 2011 - Page 9
CLOSED SESSION ACTION Continued
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.
ACTION TAKEN
d. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to subdivision
L
(a) of Government Code Section 54956.9 for
the following:
Youngblood, Harold v. City; KCSC
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ATTORNEY GIVEN
.
Case No. S-1500-CV-271785-DRL.
DIRECTION
2. Hailey, Darren v. City; KCSC Case
ATTORNEY GIVEN
No. S-1500-CV-264464-DRL.
DIRECTION
Torres, James Arthur v. Bakersfield
3
NO REPORTABLE
.
Police Department; KCSC Case
ACTION
No. S-1500-CV-269344-WDP.
4. Anderson, Leon, Sr., et al v. City,
NO REPORTABLE
ACTION
et al; KCSC Case No. S-1500-CV-
267009-DRL.
12. REPORTS
a. Report regarding proposed budget
amendments to add specific median island
improvements to the FY 2011 /12 budget.
1. Appropriate $936,000 Developer
Share Project Cost to the Public Works
Department Capital Improvement
budget within the Capital Outlay Fund to
fund median island landscape
improvements.
Raul Rojas introduced Ralph Bayboy, Civil Engineer III,
who made comments and provided a PowerPoint
presentation.
Councilmember Couch requested Public Works
Director Rojas contact him to discuss Olive Drive and
Calloway Road.
Councilmember Sullivan requested staff look at
finishing the median located on Stine Road north of
Taff Hwy.
Councilmember Johnson requested staff look at
installing medians at Hosking Road south from Wible to
McKee.
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Bakersfield, California, September 14, 2011 - Page 10
12.
ACTION TAKEN
REPORTS Continued
Councilmember Johnson requested to discuss with
Public Works Director Rojas the expectation by citizens
of medians along South H Street.
Motion by Vice-Mayor Couch to accept report and APPROVED
approve the appropriation. AB HANSON
b. Thomas Roads Improvement Program (TRIP):
1. Program Update.
l . Agreement with Parsons AGR 11-100
Transportation Group Corp.
($27,665,816) for program
delivery/engineering and
environmental support services for
TRIP; and, preliminary engineering
and coordinating/managing
completion of the environmental
document for the Centennial
Corridor Loop (SR-58 Connector)
Project.
13.
14.
Public Works Director Rojas provided a PowerPoint
presentation.
Motion by Vice-Mayor Couch to accept report and
approve the appropriation. APPROVED
AB HANSON
HEARINGS
DEFERRED BUSINESS
a. Traffic Signal, Lighting System and
Median Modification on California
Avenue and Chester Avenue Project:
1. Accept bid and approve
contract with PTM General AGR 11-101
Engineering Services, Inc.
($237,037) for project.
2. Appropriate $30,000 Gas Tax fund
balance to the Public Works
Department Capital Improvement
Budget.
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13.
15.
16.
Bakersfield, California, September 14, 2011 - Page 11
DEFERRED BUSINESS Continued ACTION TAKEN
Public Works Director Rojas made comments.
City Clerk Gafford announced correspondence was
received containing 11 signatures supporting an
audible pedestrian signal for this project.
Motion by Councilmember Salas to accept low bid, APPROVED
approve contract and appropriation, and direct staff AB HANSON
to install an audible pedestrian signal for this project.
b. Proposal to Create a Housing Incentive
Task Force,
Motion by Vice-Mayor Couch to appoint APPROVED
Councilmember Weir, Councilmember Hanson and AB HANSON
himself to the Housing Incentive Task Force.
NEW BUSINESS
None.
COUNCIL AND MAYOR STATEMENTS
Councilmember Johnson requested staff contact Ms.
Fisher about a fire hazard on at Sandra and White
Lane and bring the property into compliance.
Councilmember Johnson addressed the incident at
the Valley Plaza Mall and requested Police Chief
Williamson provide a status update on the security at
the Mall. He thanked the Police Department for its
efforts.
Councilmember Johnson invited everyone to attend
the Escape School which is a child protection
program, along with a movie, sponsored by Southern
California Gas, Councilmember Couch and himself,
on Friday at 6:45 at the Park and Riverwalk.
Councilmember Salas thanked his on-line supporters
that continue to join him for a virtual chat prior to the
Council meeting.
Councilmember Salas invited everyone to the cleanup
this Saturday at Stiern Park.
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Bakersfield, California, September 14, 2011 - Page 12
16. COUNCIL AND MAYOR STATEMENTS Continued ACTION TAKEN
Councilmember Salas announced and invited
everyone to attend a Safe Neighborhoods meeting at
5:30 p.m., September 15, at the Friendship House.
Councilmember Salas thanked the Fire Chief and staff
for holding a fire safety academy at Station 5.
Councilmember Sullivan thanked IT Department for
promoting City events during the Council's Closed
Session.
Councilmember Sullivan thanked the Mayor for the
Mayor's Cleanup Schedule, and suggested the
schedule be included with the promotion during
Closed Session.
Councilmember Sullivan mentioned that there were
wonderful programs held for the commemoration of
the 911 Anniversary.
Councilmember requested staff address the potholes
on McDonald Way, on the south side of Stockdale
Hwy., before Belle Terrace.
Vice-Mayor Couch indicated there is an effort to have
a town hall meeting with the City and the County
whereby citizens can share their frustrations with
starting a business, relocating, or doing business in our
community, and look at what we can do at the local
level to incentivize that. The ultimate goal would be to
produce a report on the issues that
individuals/business have that can be made better.
Mayor Hall thanked Councilmember Sullivan for
bringing forth her concerns each meeting regarding
litter. He announced he picked up 5 bags of normal
household trash which had been dropped off along
the freeways. He commended the Police Department
and Highway Patrol for their efforts to cite 161
individuals for various loads not covered.
Mayor Hall commended Vice-Mayor Couch who
recently signed a highway agreement to pick up litter
and take care of the roadways around the Kern River
Parkway.
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Bakersfield, California, September 14, 2011 - Page 13
ACTION TAKEN
16. COUNCIL AND MAYOR STATEMENTS Continued
Mayor Hall announced Pam Lawrence, Deputy City
Clerk, will be retiring with 10 years of service. She has
been a commendable employee for the City Clerk
and has worked harmoniously with staff. She will be
moving to Texas to be with her family, and we wish her
well.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:12 p.m.
ATTEST:
CITY CLERK and Ex Offi Cle k of
the Council of the City o Bakersfield
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Bakersfield, California, September 14, 2011-Page 14
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