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
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4.
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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'
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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)
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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
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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.
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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
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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
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Bakersfield, California, September 25, 2013 - Page 10
15. ADJOURNMENT ACTION TAKEN
CITY CLERK and Ex OfficV
the Council of the City of
1