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HomeMy WebLinkAbout09/25/13 CC MINUTESBAKERSFIELD CITY COUNCIL MINUTES MEETING OF September 25, 2013 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 Weir, Councilmembers Maxwell, Smith, Hanson (seated at 6:19 p.m.), Sullivan, Johnson (seated at 5:19 p.m.) Absent: None, 2. INVOCATION by Mayor Hall. 3. PLEDGE OF ALLEGIANCE by Natalia Booker, 4th grade student at Fremont Elementary School, 4. PRESENTATIONS a. Presentation by Christi Tenter, Human Resources Manager and Jena Covey, Risk Manager to winners of the 2013 Excellence in Action Awards, the Extra Mile Award and S.T.A.R. Award in recognition of outstanding service to the City. Excellence in Action Awards recipients: Kate Shea, Community Development; Michael Bloomer, Fire; Sandra Alvarez, Glenn Anderson, John Dunn, Ashley Hageman and April Hares, Police; Mario Jimenez, Mike Thomas and Jorge Villegas, Public Works; Israel Herrera and Ellazar Sanchez, Recreation and Parks; and Reggie Gutierrez, Water, The recipient of the Shining Team Achievement Recognition (S,T.A,R.) Award was the 24 Hour Desk Team - Bakersfield Police Department: Linda Reitz, Noemi Salazar, Raul Gurrola, Sevelynn Castillo, Adrianna Sanchez, Amanda Glenn, Stephanie Greeson, Patti Rodriguez and Teresa Erickson. ACTION TAKEN 17 ;; 7 4. 5. Bakersfield, California, September 25, 2013 - Page 2 PRESENTATIONS continued Item 4.a, continued The recipient of the Extra Mile Award for 2013 was Sal Moretti, Solid Waste Superintendent, Public Works Department. Mayor Hall called a recess at 5:32 p.m. and reconvened at 5:38 p.m. b. Presentation by Mayor Hail of Certificates of Appreciation to representatives of Kern County Broadcasters Association for providing sponsorship funding to support the cooperative effort by the City, Keep Bakersfield Beautiful and the Bakersfield Homeless Center to remove litter along freeway frontages. No presentation. Mayor made comments. C, Presentation by Mayor Hall of a Proclamation to Kristle Coons, Coordinator of One Book, One Bakersfield, One Kern, declaring September through November, "One Book, One Bakersfield, One Kern, 2013 Months ". Ms. Koons accepted the Proclamation, made comments and submitted written materials. PUBLIC STATEMENTS a. Ray Scott, Keep Bakersfield Beautiful Committee, spoke regarding Make a Difference Day Recycling and Educational Fair taking place October 5, 2013, from 9:00 a.m. until 2:00 p.m., as well as the Great American Cleanup taking place April 12, 2014, from 8:00 a.m. to 1:00p.m., and submitted written material. b. Jonathan Moo spoke in support of increasing safety for bicyclists. He asked Council to make an investment in bicycling education, enforcement and infrastructure, and support California three foot passing law to Increase bicycling for everyday transportation. ACTION TAKEN 1' 17 °8 Bakersfield, California, September 25, 2013 - Page 3 5. PUBLIC STATEMENTS continued C. The following individuals spoke in opposition to the Centennial Corridor Project; Marc Caputo; Tim Chernabaeff, Kimberly Squires; Caitlin Squires; Robert Braley (submitted written material); Kathy Beaschler; and Tony Ansolabahere (provided Power Point presentation and submitted written materials), d. Tim Palmquist spoke in opposition to the Resolution of Local Support for Alternatives to Abortion presented at the Legislative and Litigation Committee meeting and submitted written materials, 5. WORKSHOPS None. 6. APPOINTMENTS None. 7. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 11, 2013 Regular City Council Meetings, Payments: b. Receive and file department payments from August 29, 2013, to September 12, 2013, in the amount of $32,660,594,51 and self - Insurance payments from August 29, 2013, to September 12, 2013, in the amount of $439,828,33 totaling $33,100,422.84. Ordinances: ACTION TAKEN C. Adoption of Ordinance levying a special tax for ORD 4738 the Fiscal Year 2013 -2014 and following Fiscal AB HANSON Years solely within and relating to the City Police and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific Plan), (FR 09/11/13) 17;;9 Bakersfield, California, September 25, 2013 - Page 4 8. CONSENT CALENDAR continued Resolutions: d. 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 authorizing collection of the assessments by the Kern County Tax Collector. e. Southern California Gas Company Franchise Renewal; 1. Resolution accepting the application requesting a Gas Franchise. 2, Resolution of Intention to Grant a Gas Franchise, Agreements: Environmental Impact Report preparation and certification for Vesting Tentative Parcel Map 12072; 1. Agreement with Wal -Mart ($200,000) to reimburse the City for the preparation and certification of an EIR for Vesting Tentative Parcel Map 12072, including both Consultant's costs and City staff costs. 2. Agreement with Bert Verrips, AICP, Environmental Consulting Services ($188,455), to prepare an EIR for Vesting Tentative Parcel Map 12072, 3. Appropriate $188,455 (Other's Share Project Cost) to the Community Development Department's Operating Budget In the General Fund. g. Agreement with ESC Enterprises, Inc, (three year term), for Concession and Catering Services at the San Joaquin Community Hospital Ice Center and the McMurtery Aquatic Center in exchange for 15% of ESC's gross concession and catering receipts received from non - vending sales and 10% of vending sales. ACTION TAKEN RES 124 -13 AB HANSON RES 125 -13 ABS JOHNSON AB HANSON ROl 1765 ASS JOHNSON AB HANSON AGR 13 -156 AB HANSON AGR 13 -157 AB HANSON AGR 13 -158 AB HANSON Bakersfield, California, September 25, 2013 - Page 5 8. CONSENT CALENDAR continued h, Consultant Agreement with Cornerstone Engineering, Inc, (not to exceed $100,000), for providing on -call engineering and surveying services for non - federally funded Capital Improvement Projects during Fiscal Years 2013 -2014 and 2014 -2015. Construction and Maintenance Agreement with Union Pacific Railroad Company, San Joaquin Valley Railroad Company and the State of California Department of Transportation ($126,500; 100% federally funded), for the construction of SR -58 GAP Closure Project. (TRIP) j, Final Map, Improvement and Landscape Improvement Agreements with K, Hovnanian's Four Seasons at Bakersfield, LLC, for Tract 6444 Phase 3 located north of Panorama Drive and east of Vineland Road, k. Final Map and Maintenance Agreement with Lenox Homes, Inc„ for Tract 7226 Phase 1 located east of South Union Avenue on East Berkshire Road. I. Amendment No, 1 to Agreement No. 13 -062 with Cen -Cal Construction ($150,000; revised not to exceed $459,164.60), for the construction of HUD curb and gutter. M. Contract Change Order Nos. 162 and 165 to Agreement No. 09 -076 with Security Paving Company, Inc. (net decrease of $5,016; revised not to exceed $93,547,771.30; change orders funded with Roads Program Utility /Surcharge Fund), for construction of the Westside Parkway Phase 2 Project. (TRIP). n. Contract Change Order Nos. 46, 52 and 57 to Agreement No. 10 -168 with Security Paving Company, Inc. (net decrease of $83,650.89; revised not to exceed $24,383,051.23; change orders funded with traffic Impact and utility surcharge fees), for the construction of the Westside Parkway Phase 4 Project. (TRIP). ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION SEE PAGE 7 AGR 13 -159 AB HANSON AGR 13 -160 AGR 13 -161 AB HANSON AGR 13 -162 AB HANSON AGR 13-062(l) AB HANSON AGR 09 -076 CCO16Z CCO165 AB HANSON AGR 10 -168 CCO46, CCO52, CCO57 AB HANSON 1800 1801 8. Bakersfield, California, September 25, 2013 - Page 6 CONSENT CALENDAR continued ACTION TAKEN o. Contract Change Order Nos. 15 and 17 to AGR 11 -011 Agreement No, 11 -011 with MGE Underground, CCO15, CCO17 Inc. ($65,118.32; revised not to exceed AB HANSON $4,731,853.41; change orders funded with transportation development funds), for the construction of the Westside Parkway Phase 6A Project, (TRIP). Bids: P, Accept bid from Raceway Ford, Riverside ($451,423,13), for twenty five replacement full size 1/2 ton two wheel drive pickups for use by the Water Resources and Recreation Parks Departments and the Public Works Engineering, General Services, Solid Waste and Wastewater Divisions, q. Accept bid and approve contract with AGR 13 -163 Sturgeon Services International, Inc, ($48,130), ABS JOHNSON for the Demolition of Improvements at 1023 34th AB HANSON Street and 305 Dr. Martin Luther King Jr, Boulevard. Miscellaneous: Authorization for the City Attorney and City AGR 13 -164 Manager to execute property tax sharing AB HANSON agreement with the County of Kern regarding apportionment of property tax revenues upon annexation of territory to the City as Annexation No. 517 generally located South of Panama Lane between Progress Road and Old River Road, Successor Agency Business: S. Receive and file successor agency payments from August 29, 2013, to September 12, 2013, In the amount of $349,514.98, Councilmember Johnson announced that he would abstain, due to perception of a conflict of interest on items 8.e. and 8.q. Councilmember Maxwell requested that Item 8.h. be removed for separate consideration. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar items 8.a. through 8.s., with the removal of AB HANSON item 8.h. for separate consideration. 1802 Bakersfield, California, September 25, 2013 - Page 7 B. CONSENT CALENDAR continued ACTION TAKEN h. Consultant Agreement with Cornerstone THIS ITEM WAS Engineering, Inc. (not to exceed $100,000), for REMOVED FROM providing on -call engineering and surveying PAGE 5 services for non - federally funded Capital Improvement Projects during Fiscal Years 2013 -2014 and 2014 -2015. Councilmember Maxwell made a motion to adopt item 8h but remove the cul -de -sacs because we do not have an EIR or other forward motion on the widening of 24th street and it would not be appropriate to spend any money on that item. Vice -Mayor Weir requested that Councilmember Maxwell amend his motion to table this for discussion at the next Council meeting, as the item is not time sensitive. Councilmember Hanson arrived at the meeting at this time. Motion by Councilmember Maxwell to table item 8.h. for APPROVED discussion at the next Council meeting. ABS HANSON 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS None. 11. REPORTS a. Agreement with Bakersfield Society for the AGR 13 -165 Prevention of Cruelty to Animals ($742,000), for the management of the City's Animal Care Center. b. Agreement with the Bakersfield Homeless AGR 13 -166 Center (not to exceed $210,000), to provide staff for the City's Animal Care Center. Assistant to the City Manager Teglia made staff comments. Mayor Hall stated that it was a happy day for the animals and families in this community and spoke regarding the benefits to the Homeless Center as well. Vice -Mayor Weir abstained due to a conflict of his wife's position on the SPCA board. Motion by Councilmember Sullivan to adopt items i I. a. and APPROVED I i.b. ABS WEIR 1803 Bakersfield, California, September 25, 2013 - Page 8 12. DEFERRED BUSINESS ACTION TAKEN a. Resolution approving the Execution and RES 126 -13 Delivery of City Gas Tax, Transportation Impact Fee and Restricted Utility Franchise and Surcharge Revenue Certificates of Participation, Series 2013 (Thomas Roads Improvement Program) pursuant to a Trust Agreement, authorizing the Execution and Delivery of a Trust Agreement, a Certificate Purchase Agreement, and an Installment Sale Agreement and authorizing the Institution and t filing of related Validation Action and other matters related thereto. City Manager Tandy made staff comments. Finance Director Smith made additional staff comments, provided a Power Point presentation and recommended adoption of the Resolution. Councilmember Maxwell requested the City AHorney provide a list of exceptions for payback of federal funds. Councilmember Johnson requested that staff return to Council with an adjustment to Council Goals and Objectives as suggested at the Budget and Finance Committee meeting and asked that It be included in the motion. Councilmember Johnson requested that staff look at how the debt capacity would be Impacted if the City bonded for the full $270 million local match for the Centennial Corridor. Councilmember Rivera asked to identify another way to ensure that there are funds available for future road repair in Southeast Bakersfield. Motion by Vice -Mayor Weir to adopt item 12.a. Vice -Mayor Weir amended his motion to include the request from Councilmember Johnson to bring back the Council Goals for consideration at a future meeting. Councilmember Hanson called for the question. Mayor Hall asked City Attorney Gennaro to clarify the Vice Mayor's motion. Motion by Vice -Mayor Weir to adopt item 12.a, and to APPROVED include the addition to the Council Policies as Indicated by NOES MAXWELL staff and bring It back for consideration at the next Council meeting. Bakersfield, California, September 25, 2013 - Page 9 13. NEW BUSINESS None 14. COUNCIL AND MAYOR STATEMENTS Councilmember Rivera commented regarding time spent at Fire Station No. 4 and commended Chief Greener for a stellar crew; and he stressed to the residents of Southeast Bakersfield that he does not take his responsibility lightly and that he would continue to carry out and champion the concerns of Ward 1, and ensure they receive services required. Councilmember Maxwell requested that the Legislative and Litigation Committee review the false alarm ordinance to better define what classifies as a false alarm, and the fees that are charged. Councilmember Maxwell requested that the Legislative and Litigation Committee review the noise ordinance and other ordinances that relate to parks, and look into having a comprehensive procedure for curfews. Councilmember Maxwell asked that staff again review the traffic signal timing on 24th Street, between F and M streets, and from Oak to Mohawk streets, to improve traffic flow. Councilmember Johnson requested that the Budget and Finance Committee review the ordinance regarding local vendor preference to determine if it should be modified. Councilmember Johnson requested that the Planning and Development Committee review the current policy regarding the phasing of lots and developments to determine why the City will not allow smaller sections, which might facilitate growth and jobs. Councilmember Johnson announced that he is looking forward to the community cleanup effort in his ward on Saturday, September 28, 2013. Mayor Hall spoke regarding recognition by the public of the litter removal effort, which is motivating people to get further involved in beautifying Bakersfield. ACTION TAKEN .1804 1805 Bakersfield, California, September 25, 2013 - Page 10 15. ADJOURNMENT ACTION TAKEN CITY CLERK and Ex OfficV the Council of the City of 1