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HomeMy WebLinkAbout09/28/11 CC MINUTES1259 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 28, 2011 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch (seated at 5:41 p.m.), Councilmembers Salas, Benham, Weir (seated at 5:16 p.m.), Hanson, Sullivan (seated at 5:20 p.m.), Johnson Absent: None 2. INVOCATION by Pastor Hayward Cox, Church of God Church. a 3. PLEDGE OF ALLEGIANCE by Jesus Villela, 5m grade student at Shirley Lane Elementary School. City Clerk Gafford announced staff has requested that Closed Session item 10.b. be pulled from the Agenda. Mayor Hall acknowledged the Ridgeview High School Government class and the Bakersfield College Political Science class in attendance at the meeting to learn about City government. Mayor Hall acknowledged Boy Scout troops 147 and 442 in attendance to earn a merit badge in communications. 4. PRESENTATIONS a. Presentation by Mayor Hall of Certificates of Appreciation to Wayne and Debbie Newlen acknowledging their efforts in graffiti removal in their Northeast neighborhoods. Mr. and Mrs. Newlen accepted the certificates, and Mrs. Newlen made comments. 12r Bakersfield, California, September 28, 2011 - Page 2 4. PRESENTATIONS continued b. Presentation by Mayor Hall of a Proclamation to Brian De La Cerda, representing Bike Bakersfield, declaring October 5, 2011, International Walk and Bike to School Day. Mr. De La Cerda accepted the Proclamation, made comments and invited Mayor Hall to attend the International Walk and Bike to School Day event on October 5th at Standard Middle School. 5. PUBLIC STATEMENTS a. Michael Kennedy, Principal at Bethel Christian School, spoke regarding High Speed Rail and asked the City Council to consider a session allowing citizens to engage in open dialogue, and requested that the following recommendations be referred to committee or staff: delay making a decision for b months to allow the public time to read the EIR document; that the committee consider adopting a vote of "no confidence" in the next session regarding the existing proposal as it relates to the EIR; and consider taking the high speed rail to the outskirts of town. b. Jeff Taylor spoke in opposition to the High Speed Rail project, suggested extending the EIR review period as much as b months, and proposed a vote of "no confidence" of the High Speed Rail Authority's management planning and EIR document preparation. C. Anil Mehta, M.D., representing the Chinmaya Mission, spoke in opposition to the High Speed Rail project and requested a 6-month delay in order to have adequate time to review the EIR, as well as considering a "no confidence" vote. In response to questions by Councilmember Hanson and Councilmember Salas, City Manager Tandy advised that the City is drafting a response to the High Speed Rail Authority, expressing concerns and requesting a 30-day extension; and will include tonight's citizen recommendations in the response. ACTION TAKEN 12rz Bakersfield, California, September 28, 2011 - Page 3 6. WORKSHOPS a. Report on proposed additional funding for street improvements: 1. Staff report regarding proposed budget amendments to add specific street improvements to the Fiscal Year 2011 /12 Capital Improvement budget. 2. Appropriate $1,797,000 Transportation Development fund balance ($1,097,466 reimbursement from the County of Kern and the remainder from savings on completed projects within the Transportation Development Fund) to the Public Works Department Capital Improvement Budget to fund street improvements which are included on the Regional Transportation Facilities List. Public Works Director Rojas made staff comments and introduced Assistant Public Works Director Underwood, who provided a PowerPoint presentation. Councilmember Salas asked staff to look at improving the area near Pauley School off of Planz Road. ACTION TAKEN Motion by Vice-Mayor Couch to accept the Report APPROVED and approve the appropriation. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 14, 2011 Regular City Council Meeting. Payments: b. Receive and file department payments from September 2, 2011 to September 15, 2011 in the amount of $25,246,405.37 and self-insurance payments from September 2, 2011 to September 15, 2011 in the amount of $261,337.51, totaling $25,507,742.88. #r~ 6 P) r:. Bakersfield, California, September 28, 2011 - Page 4 CONSENT CALENDAR continued ACTION TAKEN Ordinances: 8. C. Adoption of Ordinance amending Municipal ORD 4652 Code Section § 1. 12.070 by Adding Annexation No. 604 consisting of 26.40 acres located along the north and south side of Taff Highway, east of S. H Street to Ward 7. (FR 9114111) Resolutions: d. Resolution accepting grant funds from The RES 086-11 Cooperative Endangered Species Conservation Fund (authorized under Federal Section 6 of the Endangered Species Act). e. Resolution confirming approval by the City RES 087-11 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 the demolishment of dangerous buildings and authorize collection of the assessments by the Kern County Tax Collector. Sewer connection fee assessments for 2112 Majesty Palm Street. 1. Resolution confirming assessments for RES 088-11 sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Trento Family Trust, AGR 11-102 co-trustees Tom A. Trento and Terri L. lascone, to pay sewer connection fee in installments and notice of special assessment lien. g. Resolutions to add territories, 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: 1, Area 1-88 (2700 Calloway Drive). RES 089-11 2. Area 5-63 (6801 Colony Street). RES 090-11 r. 12 Bakersfield, California, September 28, 2011 - Page 5 8. CONSENT CALENDAR continued L h. Resolutions of Intention to the following territories to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. 1. ROI No. 1699, Area 1-89 (NW corner of Reina Road and Old Farm Road). 2. ROI No. 1700, Area 4-104 (3001 Buck Owens Boulevard). 3. ROI No. 1701, Area 4-105 (3700 Chester Avenue) 4. ROI No. 1702, Area 4-103 (4485 Buck Owens Boulevard) 5. ROI No. 1703, Area 2-48 (6465 Ming Avenue) i. Resolution of Intention No. 1696 to order the vacation of an access easement at 2620 K Street, between 26th Street and 27th Street. Agreements: j. Agreement with Raftelis Financial Consultants, Inc. ($65,263) to complete a Wastewater Utility Rate Study for residential and commercial sewer user rates and for sewer connection fees, k. Agreement with Alliance Against Family Violence and Sexual Assault ($16,305 Emergency Shelter Grant Funds) to support the operating costs to continue services. (Administrative Office located at 1600 E. Truxtun Avenue). 1. Agreement with Bakersfield Senior Center, Inc. ($85,000 Community Development Block Grant Funds) for operational expenses for center located at 530 4th Street. M. Agreement with Bakersfield Rescue Mission ($61,797.90 Emergency Shelter Grant Funds) to support the operating costs for facility located at 816 E. 21 sl Street. ACTION TAKEN ROI 1699 ROl 1700 ROI 1701 ROI 1702 ROI 1703 ROI 1696 AGR 11-103 AGR 11-104 AGR 11-105 AGR 11-106 +2~4 Bakersfield, California, September 28, 2011 - Page 6 8. CONSENT CALENDAR continued n. Agreement with Bethany Services/Bakersfield Homeless Center ($61,797.90 Emergency Shelter Grant Funds) to support the operating costs for facility located at 1600 East Truxtun Avenue. o. Amendment No. 1 to Agreement No. 01-192 with County of Kern for southern City entrance sign located in future Kern Delta Park. P. Amendment No. 2 to Agreement No. 10-080 with Pacific Building Care allowing a name change only to Commercial Cleaning Systems, Inc., to allow continuance of the annual contract for janitorial maintenance at City Hall North. q. Amendment No. 3 to Agreement No. 03-099 with Aramark Entertainment, Inc. (no change to compensation, extends term for five years), for concession services at the Rabobank Arena and Convention Center. Amendment No. 10 to Agreement No. 04-214 with Parsons Water and Infrastructure ($255,500; revised not to exceed $18,004,967) for additional design and construction services for Wastewater Treatment Plant No. 2 Odor Control and New Septage/Grease Receiving Station Project located on Mt. Vernon Avenue. S. Contract Change Order No. 21 to Agreement No. 09-076 with Security Paving Company, Inc ($5,900,000; revised not to exceed $83,933,920.96) for the construction of the Westside Parkway Phase II Project. (TRIP) Bids: Accept bid and approve annual contract with Red River Specialties, Inc. (not to exceed $206,000), for the supply of chemical insecticides/herbicides. U. Accept bid from Jim Burke Ford ($56,679.52) for one replacement Super Duty (19,500 GVW) service truck with crane for Public Works Department, Streets Division. ACTION TAKEN AGR 11-107 AGR 01-192(1) AGR 10-080(2) AGR 03-099(3) AGR 04-214(10) AGR 09-076 00021 AGR 11-108 Bakersfield, California, September 28, 2011 - Page 7 8. CONSENT CALENDAR continued L v. Accept bid from Jim Burke Ford ($177,916.67) for eight replacement two-wheel drive full size extended cab'/2 ton pickups for Fire Safety, Public Works/Wastewater and Police departments. W. Accept bid from Towne Ford Sales ($246,558.50) for one additional and seven replacement Super Duty (19,000 GVW) service truck cab and chassis for Recreation and Parks, General Services, Solid Waste and Fire departments. ACTION TAKEN BID REJECTED (SEE MOTION) X. Accept bid and approve contract with Loop REMOVED FOR Electric, Inc. ($282,841.01), for construction of SEPARATE traffic signal and lighting system installation at CONSIDERATION the intersection of Stine Road and Hosking Avenue. Y. Accept bid and approve contract with Loop Electric, Inc. ($166,844,07), for construction of traffic signal and lighting system installation at the intersection of South H Street and McKee Road. Z. Traffic Signal and Lighting System Installation at Berkshire Road and Akers Road Project: 1. Accept bid and approve contract with Loop Electric, Inc. ($159,762.63), for the project. 2. Appropriate $10,000 Transportation Development Fund balance to the Public Works Department Capital Improvement Budget. aa. Super Duty (19,000 GVW) Service Truck for Park Maintenance: 1. Accept bid from Jim Burke Ford ($91,137.24) for two additional service trucks for the Recreation and Parks. 2. Appropriate and transfer $13,200 Recreation and Parks Department Operating budget within the General Fund to the Public Works Department L Operating Budget within the Equipment Management Fund for the purchase of two additional service trucks. REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION 1.2_G3 Bakersfield, California, September 28, 2011 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN bb. Re-Coat Concrete Deck at City Hall North Parking Lot: Accept bid and approve contract with AGR 11-112 Hayesco, Inc. ($99,749) for re-coat of the concrete deck at City Hall North Parking Lot. 2. Appropriate $30,000 Capital Outlay Fund balance to the Public Works Department Capital Improvement Budget to complete the re-coating of the concrete deck at City Hall North. Miscellaneous: cc. Appropriate $132,500 Park Improvement Fund balance to the Recreation and Parks Department's Capital Improvement Budget for the Tennis Courts Resurfacing project, dd. Appropriate $464,961 North of the River's Park Development Fees to the Recreation and Parks Department Capital Improvement Budget within the Park Improvement Fund for the Polo Community Park Project ($100,000) and the Riverlakes Park Project ($364,961). ee. Sports Village Phase II - complete construction of eight additional playing fields, parking and restrooms as designed through the Sports Village Master Plan: 1. Appropriate $1,940,000 Park Improvement Fund balance to the Recreation and Parks Department Capital Improvement Budget. 2. Transfer $550,000 from the Old River and Panama Lane Park project to the Sports Village Phase II project within the Park Improvement Fund. f yny L Bakersfield, California, September 28, 2011 - Page 9 8. CONSENT CALENDAR continued ff. Appropriate Federal Surface Transportation Funds to Various Resurfacing Projects: Appropriate $210,925 Federal Surface Transportation Funds to the Public Works Department Capital Improvement Budget for the Pavement Rehabilitation 2010 Phase 2 - Stine Road from Panama Lane to Pacheco Road Project within the SAFETEA-LU Fund. 2. Appropriate $170,331 Federal Surface Transportation Funds to the Public Works Department Capital Improvement Budget for the Pavement Rehabilitation 2011 Phase 2 - Stine Road from Pacheco Road to White Lane Project within the SAFETEA-LU Fund. 3. Appropriate $99,761 Federal Surface Transportation Funds to the Public Works Department Capital Improvement Budget for the Pavement Rehabilitation 2011 Phase 3 - Pacheco Road from Akers Road to Wible Road, and Pacheco Road from Hughes Lane to South H Street Project within the SAFETEA-LU Fund. City Clerk Gafford announced a staff memorandum has been received regarding Consent Calendar item 8.w. recommending a change to read "Rejection of all bids." Councilmember Johnson requested that items 8.x., 8.y. and 8.z. be removed for separate consideration. ACTION TAKEN Motion by Vice-Mayor Couch to adopt Consent APPROVED Calendar items 8.a. through 8.1f., with the removal of items 8.x., 8.y. and 8.z. for separate consideration, and the change in the recommendation to item 8.w. ?rcy ©v Bakersfield, California, September 28, 2011 - Page 10 8. CONSENT CALENDAR continued ACTION TAKEN X. Accept bid and approve contract with Loop AGR 11-109 Electric, Inc. ($282,841.01), for construction of traffic signal and lighting system installation at the intersection of Stine Road and Hosking Avenue. Y. Accept bid and approve contract with Loop AGR 11-110 Electric, Inc. ($166,844.07), for construction of traffic signal and lighting system installation at the intersection of South H Street and McKee Road. Z. Traffic Signal and Lighting System Installation at Berkshire Road and Akers Road Project: 1. Accept bid and approve contract with AGR 11-111 Loop Electric, Inc. ($159,762.63), for the project. 2. Appropriate $10,000 Transportation Development Fund balance to the Public Works Department Capital Improvement Budget. Councilmember Johnson thanked staff for their help in improving the areas mentioned in items 8.x., 8.y. and 8.z. Motion by Councilmember Johnson to adopt Consent APPROVED Calendar items 8.x., 8. y. and 8.z. 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. b. Conference with Legal Counsel - Potential REMOVED BY STAFF Litigation; Closed Session pursuant to subdivision (b)(3)(B) of Government Code Section 549569(one matter regarding right-of-way issues on Truxtun Avenue). Motion by Vice-Mayor Couch to adjourn to Closed APPROVED Session at 5:56 p.m. Motion by Councilmember Weir to adjourn from APPROVED Closed Session at 6.25 p.m. WJ Bakersfield, California, September 28, 2011 - Page 11 RECONVENED MEETING AT 6:30 p.m. 11. CLOSED SESSION ACTION a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. 12. HEARINGS a. Public Hearing to consider new City Council ward boundaries as part of the reapportionment process. Planning Director Eggert made staff comments and provided a PowerPoint presentation, with concepts 1 through 5 for consideration. Hearing opened at 6:41 p.m. No one spoke. Hearing closed at 6:42 p,m. Councilmember Benham advised she prefers concept 1 and would like concept 4 removed from consideration. Councilmember Johnson stated he would like concept 5 eliminated from consideration and supports concept 1. Councilmember Hanson indicated he supports concept 1. Councilmember Salas advised he prefers concept 1 and supports the removal of concept 5. Councilmember Sullivan stated she likes all the concepts except 4 and 5. Councilmember Weir advised he prefers concept 1. Councilmember Johnson stated he would like to move forward with the October 19th hearing. Vice-Mayor Couch advised he supports excluding concepts 4 and 5 from consideration. L13. REPORTS None. ACTION TAKEN STAFF GIVEN DIRECTION 1 a_ 7 0 Bakersfield, California, September 28, 2011 - Page 12 14. DEFERRED BUSINESS ACTION TAKEN None. 15. NEW BUSINESS None. 16. COUNCIL AND MAYOR STATEMENTS Councilmember Salas thanked his online supporters who joined him before this evening's meeting. Councilmember Salas asked that someone from the Parks Department contact him to let him know if someone from that department will be attending a community town hall meeting scheduled for October 6m. Councilmember Salas reiterated his earlier request that the area around Pauley School be looked at as a potential improvement project, and that the property owner adjacent to school has indicated his willingness to concede that property over to the City. Councilmember Salas thanked Public Works Director Rojas and his staff for the work they have been doing in Ward 1 since November of last year by removing litter and bulk, graffiti tags, and repairing potholes. Councilmember Johnson thanked Chief of Police Williamson and his staff for being diligent with the issues recently encountered at the Valley Plaza Mall, the outreach taking place, and the efforts being made to ensure the mall is a safe environment where people want to shop. Councilmember Johnson thanked the Keep Bakersfield Beautiful Committee and his two appointees, Brian Wargo and Sheryl Graab, for helping him organize a community cleanup on Saturday with over 75 volunteers from the Golden Valley Interact Club, the Girl Scouts, and First Presbyterian Church, who picked up trash on South H Street, Berkshire, Wible and Stine roads in Ward 7; and stated that he plans to do these cleanups every quarter. i 1""1 Bakersfield, California, September 28, 2011 - Page 13 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Sullivan asked staff to look at repainting the ends of medians with a glistening or yellow paint so they are easily seen at night when people are attempting to turn left on dark streets. Councilmember Sullivan stated that the arrow in the second left turn lane from the inside going east on California Avenue, just before Chester Avenue, needs to be repainted because it is worn and hard to see. Councilmember Sullivan advised she attended the Carlos Santana concert last night at the Rabobank Arena, and it was thrilling to see near capacity attendance. Vice-Mayor Couch advised he attended the League of California Cities meeting last week, and it appears there may be an attempt at an initiative for the November 2012 election, not necessarily aimed at protecting local revenues, regarding requiring state legislators to publicly release their meeting calendars and budgets; requiring the state legislature to comply with the same open meetings, open records and public disclosure laws that cities, counties and other state agencies are required to follow; requiring all legislation to be publicly available in print and online for 72 hours before any vote can be taken; expanding existing state law by applying the same open meetings, open records and public disclosure laws to the state legislature that cities, counties and other state legislators are required to follow; and he provided a handout from the League on their polling results and asked that it be included in Friday's packet; and he requested that staff keep an eye on this attempted initiative because he would like to help in that drive. Mayor Hall congratulated Roy Gonzales, a maintenance craft worker with the General Services Division, for his efforts in cleaning up his neighborhood; and encouraged private citizens to get involved in beautification. Mayor Hall thanked the residents of Bakersfield and Kern County who are spending money in our community, which has resulted in a 19.39% increase in sales tax. 1 2 Bakersfield, California, September 28, 2011 - Page 14 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Mayor Hall advised that the time sequence of water in the river and greater Bakersfield is through December, and that he hopes for the same next year. 17. ADJOURNMENT Mayor Hall adjourned the ATTEST; MAYOR of the City of Bakersfield, CA CITY CLERK and Ex icio Clerk of the Council of the C ty of Bakersfield