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HomeMy WebLinkAbout01/08/14 CC MINUTES1874 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 8, 2014 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings - 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:30 p.m. ACTION TAKEN 1. ROLL CALL Present: Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Hanson, Sullivan (seated at 3:40 p.m.), Johnson (seated at 3:40 p.m.) Absent: Mayor Hall 2. PUBLIC STATEMENTS Marvin Dean spoke regarding a High Speed Rail Forum to be held on January 10, 2014, at the Beale Library, from 1:00 - 4:00 p.m., invited everyone to attend, and submitted written material; and also mentioned the California Regional Transportation Summit on March 26, 27, and 28. 3. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 (d)(1) for the following: City v, County of Kern, et al., Fresno County Superior Court Case No, 13CECG02817, 2. Land Lot 1, LLC, v. City, Kern County Superior Court Case No, S- 1500 -CV- 263357, SPC. Motion by Councilmember Hanson to adjourn to APPROVED Closed Session at 3:37 p.m. AB HALL, SULLIVAN, JOHNSON Motion by Councilmember Maxwell to adjourn from APPROVED Closed Session at 5:02 p.m. AB HALL 1875 Bakersfield, California, January 8, 2014 - Page 2 4. CLOSED SESSION ACTION b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 (d)(1) for the following: City v, County of Kern, et al., Fresno County Superior Court Case No. 13CECG02817. 2. Land Lot 1, LLC, v. City, Kern County Superior Court Case No. S- 1500 -CV- 263357, SPC, 5. ADJOURNMENT Vice -Mayor Weir adjourned the meeting at 5:18 p.m. ACTION TAKEN MAYOR of the City of Bakersfield, ATTEST; CITY CLERK and Ex Offi lerk of the Council of the City of Bakersfleld REGULAR MEETING -5:18 p,m, 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Hanson, Sullivan, Johnson Absent: None 2. INVOCATION by Pastor Tour6 Tyler, The Cross Christian Church. 3. PLEDGE OF ALLEGIANCE by Brindee Strunk, 5th grade student at Eissler Elementary School, Mayor Hall acknowledged Boy Scout Troop 188 in attendance at the meeting to learn about City government, CITY ATTORNEY WAS GIVEN DIRECTION CITY ATTORNEY WAS GIVEN DIRECTION IC, "76 Bakersfield, California, January 8, 2014 - Page 3 4. PRESENTATIONS ACTION TAKEN a. Presentation by Mayor Hall of a Certificate of Appreciation to Carlos Navarro, General Manager of the Bakersfield Marriott at the Convention Center, 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, Mr. Navarro accepted the Certificate and made comments. b. Presentation by Mayor Hall of plaques to the proprietors of Russo's Books, Tony and Mike Russo, honoring the local business established in 1989. Messrs. Russo accepted the plaques and made comments, 5. PUBLIC STATEMENTS a. Jeff Haward, Chairman of the Downtown Business Association, spoke regarding a no panhandling ordinance, asked that the City of Bakersfield adopt a no panhandling policy that does not abridge the First Amendment and to make it unlawful to solicit on private property within 25 feet of an entrance or exit of a public restroom or business, within 25 feet of an ATM machine or pay phone, and 25 feet from a transit stop; and he asked that the matter be referred to a committee, Councilmember Maxwell requested that this matter be placed on the agenda for the next Legislative and Litigation Committee meeting, and he invited Mr. Haward and anybody who is concerned about this issue to attend. b. Robert Braley spoke regarding the TRIP projects, stating that since the Centennial Corridor Project is such a huge expense, it should be separated in its entirety from the rest of the TRIP projects and placed before the voters for their approval; and he submitted written material. Mayor Hall announced that the balance of the speakers will be heard under Deferred Business Item 12.a. (see page 12) 10 Wi Bakersfield, California, January 8, 2014 - Page 4 ACTION TAKEN 6. WORKSHOPS None. 7. APPOINTMENTS a, One appointment to the Police Civil Service Board, due to the expiration of term of William Perry, whose term expired December 31, 2013. City Clerk Gafford announced that applications were received from Michael Strong and Ronald Wolfe, Ballots were used, and City Clerk Gafford announced that the results of the ballots were seven votes for Mr. Strong and zero votes for Mr. Wolfe, Motion by Vice -Mayor Weir to appoint Michael APPROVED Strong to the Police Civil Service Board, term to expire on December 31, 2016. Mayor Hall acknowledged William Perry's 19 years of service on the Police Civil Service Board. b. One appointment to the Board of Directors of the North of the River Recreation and Park District, due to the expiration of term of Dana Martin, whose term expired December 31, 2013. City Clerk Gafford announced that an application was received from the incumbent, Motion by Vice -Mayor Weir to reappoint Dana APPROVED Martin to the North of the River Recreation and Park District, term to expire on December 31, 2017. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the December 5, 2013, Special City Council Meeting and December 11, 2013, Regular City Council Meeting. Bakersfield, California, January 8, 2014 — Page 5 8. CONSENT CALENDAR continued ACTION TAKEN Payments: b, Receive and file department payments from November 26, 2013, to December 16, 2013, in the amount of $14,254,350.53, and self - insurance payments from November 26, 2013, to December 16, 2013, in the amount of $250,726.96, totaling $14,505,077.49, Ordinances: Resolutions: C. 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. d. Sewer connection fee assessment for 4925 Centaur Street; 1, Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector, 2. Agreement with Leslie L. Howard, to pay sewer connection fee in Installments through the Kern County Tax Collector. e. Sewer connection fee assessment for 5108 Elysium Street; 1. Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector, 2. Agreement with Rogelio and Nelida Esqueda, to pay sewer connection fee In Installments through the Kern County Tax Collector, RES 001 -14 RES 002 -14 AGR 14 -001 RES 003 -14 AGR 14 -002 i Pg 4 n Nr 8. Bakersfield, California, January 8, 2014 - Page 6 CONSENT CALENDAR continued Emergency repairs for Ice Chiller at Rabobank Arena: 1. Resolution dispensing with normal bidding procedures due to the need for emergency Installation and rental of a portable 300 -ton ice chiller along with emergency repairs to existing Ice chiller system at Rabobank Arena due to catastrophic failure, not to exceed $375,000. 2. Appropriate $375,000 Facility Reserve Funds to the Public Works Department's Capital Improvement Budget within the Capital Outlay Fund. g. Emergency Sewer Repair on 1 St Street from Chester Avenue to N Street: 1, Resolution dispensing with normal bidding procedures due to the need for emergency sewer repair on 1 st Street from Chester Avenue to N Street, and authorizing Griffith Company and Rain for Rent to perform necessary repairs not to exceed $700,000. 2. Appropriate $700,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 2) to the Public Works Department's Capital Improvement Budget. h. Resolutions adding the following territories to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Reports and authorizing collection of assessments by the Kern County Tax Collector: 1. Area 2 -55 (3700 Wilson Road). 2. Area 3 -90 (Tract 6410 located at the northwest corner of Taff Highway and Akers Road), ACTION TAKEN RES 004 -14 RES 005 -14 RES 006 -14 RES 007 -14 Bakersfield, California, January 8, 2014 - Page 7 S. CONSENT CALENDAR continued ACTION TAKEN i. Resolutions forming Traff ic Signal Maintenance Districts and approving, confirming and adopting the Public Works Director's Reports and authorizing collection of assessments by the Kern County Tax Collector for the following: 1, Area TS -23 (southwest corner of Panama RES 008 -14 Lane and Ashe Road), 2, Area TS -24 (southwest corner of Olive RES 009 -14 Drive and Calloway Drive). West Beltway Planned Major Thoroughfare Area: Resolution of Intention No. 1770 ROI 1770 establishing the West Beltway Planned Major Thoroughfare Area and preliminarily approving the boundaries of the area and the cost and fee schedule, 2. First Reading of Ordinance amending F FR of Section 16,32.060 of the Municipal Code relating to Bridge Crossings and Major Thoroughfares. k. Resolution of Intention No, 1772 adding territory, ROI 1772 Area 4 -118 (18200 Highway 178), to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting Public Works Director's Report. Agreements: Agreement with Acclamation Insurance AGR 14 -003 Management Services (AIMS) ($378,319 - Ist year; $389,669 - 2nd year; $389,669 - optional 3rd year) for workers' compensation management services. M Agreement with Lennar Fresno, Inc. ($85,000), AGR 14 -004 to purchase real property located on the DEED 7756 southeast corner of Ashe Road and Thorton Avenue, for a domestic water well site. n. Agreement with Peterson Family Trust ($40,000) REMOVED FOR to purchase real property located at 4301 Rosedale Highway for the Rosedale SEPARATE CONSIDERATION Highway Widening Project. (TRIP) 1880 Bakersfield, California, January 8, 2014 — Page 8 8. CONSENT CALENDAR continued ACTION TAKEN o. Agreement with Pioneer Farm Equipment Company ($47,600) to purchase real property located at 4400 Rosedale Highway for the Rosedale Highway Widening Project. (TRIP) P. Agreement with Barnes Family Revocable Trust ($44,300) to purchase real property located at 5150 Rosedale Highway for the Rosedale Highway Widening Project. (TRIP) q. Final Map and Improvement Agreement with Bolthouse Development Company, LLC, for Parcel Map 12061 located south of Bolthouse Drive and west of Buena Vista Road, Final Map, Improvement and Landscape Agreements with Beazer Homes Holdings Corporation for Tract 6553 -2 located south of Panama Lane and east of Mountain Ridge Drive. S. Amendment No. 1 to Agreement No, 11 -022 with Nishikawa Property Maintenance, Inc, ($89,422; revised not to exceed $357,688 and extend term one year), to continue the maintenance of the Mesa Marin Sports Complex, Contract Change Order Nos. 107, 108, and 109 to Agreement No. 07 -304 with Security Paving Construction (Credit to the City for $138,884,32; revised not to exceed $33,428,608,77) for the State Route 178 and Fairfax Road Interchange Project, (TRIP) U. Contract Change Order No. 27 to Agreement No. 11 -144 with Security Paving Company, Inc ($29,467,28; revised not to exceed $12,639,863.58; change order funded with Roads Program Utility /Surcharge Fund and Traffic Development Fees), for construction of the Westside Parkway Phase 6B Project, (TRIP) V. Contract Change Order No. 1 to Agreement No. 13 -068 with Bowman Asphalt ($14,274,26; revised not to exceed $184,700,26) for the project known as Street Improvements on Wible Road - Berkshire Road to Panama Lane. REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION AGR 14 -008 AGR 14 -009 AGR 14 -010 AGR 11- 022(1) AGR 07 -304 CCO107, CCO108, CCO 109 AGR 11-144 CCO27 AGR 13 -068 CCO1 I co, P Bakersfield, California, January 8, 2014 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN Bids: W. Accept bid from San Joaquin Tractor ($127,881.75) for one additional four wheel drive tractor for use by the Public Works Department, Wastewater Division. X, Accept bid and approve contract with Clark AGR 14 -011 Bros., Inc. ($1,494,310), for the Sewer Lift Station Rehabilitation at Gosford Road and District Boulevard. Miscellaneous: Y, Review and accept Fiscal Year 2012 -2013 Annual Compliance Report for park impact fees prepared in accordance with California Government Code §66006. Z. Review and accept Fiscal Year 2012 -2013 Annual Compliance Report for planned drainage area fees prepared in accordance with California Government Code §66006. aa. Review and accept Fiscal Year 2012 -2013 Annual Compliance Report for planned sewer area fees prepared in accordance with California Government Code §66006. bb. Review and accept Fiscal Year 2012 -2013 Annual Compliance Report for bridge crossing and major thoroughfare fees prepared in accordance with California Government Code §66006. CC. Review and accept Fiscal Year 2012 -2013 Annual Compliance Report for transportation Impact fees prepared in accordance with California Government Code §66006. Successor Agency Business: dd. Receive and file successor agency payments from November 26, 2013, to December 16, 2013, in the amount of $65,169.17. City Clerk Gafford announced that a memorandum was received from staff providing changes to the exhibits regarding Item 8J.1. 1211 8. a Bakersfield, California, January 8, 2014 - Page 10 CONSENT CALENDAR continued Councilmember Maxwell requested that items 8.n., 8.o., and 8.p. be removed for separate consideration. Motion by Vice -Mayor Weir to adopt Consent Calendar items 8.a. through 8.dd., with the removal of items 8.n., 8.o., and 8.p. for separate consideration. n. Agreement with Peterson Family Trust ($40,000) to purchase real property located at 4301 Rosedale Highway for the Rosedale Highway Widening Project. (TRIP) Property Manager Anderson responded to questions from Councilmember Maxwell regarding Items 8,n., 8.o„ and 8.p. Motion by Councilmember Maxwell to adopt Consent Calendar Item 8.n. o. Agreement with Pioneer Farm Equipment Company ($47,600) to purchase real property located at 4400 Rosedale Highway for the Rosedale Highway Widening Project, (TRIP) Motion by Councilmember Maxwell to adopt Consent Calendar Item 8.o. P. Agreement with Barnes Family Revocable Trust ($44,300) to purchase real property located at 5150 Rosedale Highway for the Rosedale Highway Widening Project. (TRIP) Motion by Councilmember Maxwell to adopt Consent Calendar Item 8.p. CONSENT CALENDAR PUBLIC HEARINGS a. Resolution determining that certain Capital Improvement Program (CIP) Projects cited within this Resolution are to be classified as substantially complex for purposes of Public Contract Code Section 7201 and authorizing the increase of the retention from five percent to ten percent for said CIP projects, CIP Projects recommended to be found as substantially complex include: Fire Station No, 8 Remodel; Manor Street Bridge over the Kern River; Mesa Marin Phase 2; Police Department Firing Range Facility; and Sports Village Phase 3, (Staff recommends adoption of the Resolution.) ACTION TAKEN APPROVED AGR 14 -005 DEED 7757 DEED 7758 APPROVED AGR 14 -006 DEED 7711 DEED 7712 APPROVED AGR 14 -007 DEED 7759 DEED 7760 APPROVED RES 010 -14 1884 Bakersfield, California, January 8, 2014 - Page 11 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN b. Public Hearing to consider the Resolution RES 0 11- 14 making findings and updating the Capital Improvement Plan for the existing Metropolitan Bakersfield Habitat Conservation Plan. A finding that the project is exempt from CEQA will also be considered. (Staff recommends adoption of the Resolution.) Consent Calendar Public Hearings opened at 5;50 p.m. No one spoke. Consent Calendar Public Hearings closed at 5:51 p.m. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar Public Hearings items 9.a. and 9.b. 10. HEARINGS None. 11. REPORTS a. Transportation, Utility Systems, and Facilities on Federal Lands application with the Bureau of Reclamation for consideration of a multi -use path along the Friant -Kern Canal from Kern River Parkway to Seventh Standard Road. City Clerk Gafford announced that a memorandum was received from staff amending the Administrative Report. Public Works Director Rojas made staff comments; Assistant Public Works Director Fidler made additional staff comments, provided a PowerPoint presentation, and recommended submitting an application and preliminary plans to the Bureau of Reclamation for consideration of a proposed multi -use path along the Friant -Kern Canal. Motion by Councilmember Smith to approve staff's APPROVED recommendation. Councilmember Johnson advised he would like to revisit the issue of the South H Canal that is part of the Council Goals and Objectives document, and he would like to move forward with that throughout the year. 18'5 Bakersfield, California, January 8, 2014 - Page 12 12. DEFERRED BUSINESS ACTION TAKEN a. Report regarding the Cul -de -Sac Project, south of 241h Street, Amendment No, 1 to Resolution No, 128 -12 RES 128 -12(1) specifying when construction of qualifying cul -de -sacs on Beech, Myrtle, Spruce, Pine, Cedar, A, B, and C streets south of 24th Street may occur, Staff recommends the City Council receive and file the report. At the request of Councllmember Maxwell, a proposed Amendment to Resolution 128 -12 Is also presented for City Council consideration, City Clerk Gafford announced that correspondence was received from Lila Ray in support of the Cui -de -Sac Project. Public Works Director Rojas made staff comments and provided a PowerPoint presentation. City Manager Tandy made additional staff comments, recommended the City Council receive and file the report, and recommended clarifying the timeframe by allowing the residents to do what they want when they want, The following individuals spoke in support of the Cul -de -Sac Project; Dominique Minaberrigarai, and asked that the 100 percent requirement be amended; Ron Fraze, and urged that they be built now for the safety of the children in the neighborhood; Wayne Kress, requested that they be built sooner rather than later, and expressed his support of Mr, Minaberrigarai's request to revisit the 100 percent standard required by the homeowners; Bart Hill, and urged moving forward with building the cul -de -sacs now rather than delaying; Cindy Meek, and supports revising the 100 percent standard; John Giumarra, urged the Council to consider the safety of the children in the neighborhood; Jeff Lemucchi, requested It be done before the 24th Street widening, and also requested the requirement be changed from unanimous to majority; and Cheryl Miller, and asked the Council to reconsider the 100 percent commitment to get a cul -de -sac, Bakersfield, California, January 8, 2014 - Page 13 12. DEFERRED BUSINESS continued Item 12,a, continued Councilmember Maxwell explained that he had proposed the resolution to provide that if the cul -de -sacs go in before the 24th Street widening occurs, that the homeowners should bear the expense of the cul -de -sacs. Councilmember Hanson asked staff to bring back to the next meeting for discussion and vote the issue on Spruce Street. Councilmember Smith made a motion to receive and file the report. Councilmember Sullivan advised she would support the cul -de -sacs and encouraged staff to come up with a way to include Spruce Street, as it would be hugely detrimental to not honor the original plan. ACTION TAKEN Vice -Mayor Weir offered a friendly amendment to clarify the policy to allow the cul -de -sac projects to proceed on those streets where the residents meet the established criteria at a time agreed upon by the residents and the Public Works Director. APPROVED Motion by Councilmember Smith, with a friendly amendment by Vice -Mayor Weir, to receive and file the report, and to clarify the policy to allow the cul -de -sac projects to proceed on those streets where the residents meet the established criteria at a time agreed upon by the residents and the Public Works Director. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Maxwell requested that staff make a presentation on historical designation, at the next City Council meeting, and provide clarification on how a neighborhood or a house would go about being listed in the National Register. 187 Bakersfield, California, January 8, 2014 - Page 14 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Maxwell requested that staff make a presentation regarding the traffic counts for 24th Street, Westpark Freeway, Truxtun Avenue, and Oak Street. Councilmember Maxwell advised that he would like to hear some ideas regarding what can be done to solve the problem on Westwind and Truxtun Extension created by the increased traffic traveling to and from the Westside Parkway. Councilmember Maxwell requested that staff make a presentation at the next City Council regarding changing the downtown streets into a series of one- way streets to improve the traffic flow downtown. Councilmember Maxwell requested that staff look into the LED lighting on 21 a Street and the feasibility of doing something similar to what has been done on Q Street or even something unique similar to what has been done in the Gaslight District of San Diego. Councilmember Maxwell requested that staff make a presentation regarding the scope and cost of taking Parker Road, because Asbury Transportation Company has offered to donate land on Parker Road in order to make a safe connection that would come off of Mohawk instead of Rosedale. Councilmember Maxwell recommended honoring the Bakersfield High School football team at the next City Council meeting in recognition of their winning the State championship, and when Mayor Hall advised he was participating in a public celebration on January 21 st, Councilmember Maxwell withdrew his recommendation. Councilmember Maxwell requested that the EIR for the widening of 241h Street be placed on the agenda for February 12m instead of January 22"d. 188 Bakersfield, California, January 8, 2014 - Page 15 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Johnson expressed his appreciation to the Parks Department for upgrading the playground equipment by adding handicap usable apparatus at Saunders and Beale parks, and he is looking forward to the some upgrades in about four months at the Challenger and Wilderness parks. Councilmember Johnson requested that a draft resolution asking the Governor to declare a state of emergency be referred to the Water Board at its meeting next week and potentially bringing it back to the next City Council meeting on January 221d. Councilmember Johnson requested a resolution in support of potential legislation by Assembly Member Salas regarding internet cafes be prepared for the next City Council agenda. Councilmember Sullivan expressed her appreciation to the Councilmembers on their ability to work together respectfully, and she advised she is proud to be a part of this Council. Councilmember Sullivan commented about the much - improved cleanliness on the freeway; mentioned that the plastic bag issue may need to be revisited in the future; noted that she is looking forward to the event honoring the Bakersfield High School football team; congratulated the Bakersfield Christian High School football team for making it to the Finals; expressed her appreciation to staff for the work they do with the City Council; and wished everyone a Happy New Year. Mayor Hall advised that he would keep the City Council apprised of the details of the public celebration on January 21st at Bakersfield High School for the football team; he is trying to make contact with the coach at Bakersfield Christian High School to provide some recognition for their football team; and he will contact the coach at Bakersfield High School about having the team honored at the next City Council meeting on January 22 ^d. 1 118 9 Bakersfield, California, January 8, 2014 - Page 16 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Mayor Hall provided the following update on the accomplishments of the Litter Pickup Program: in 2013, 256 tons of litter were picked up by the various programs, including three crews from the Bakersfield Homeless Center, which is made possible by seven sponsorships that provide jobs to the people from the Homeless Center; the Mayor's Freeway Pickup Program continues twice a month, and at the last cleanup, there were 40 new volunteers; good results by the Kem County Sheriff's Department work crew, and the Kern County Sheriff's Department has issued 25 citations for uncovered loads; the City Solid Waste Department is working on pursuing additional funding through AB109 for the various cleanup projects; the Keep Bakersfield Beautiful website has been updated and clearly identifies the outstanding work that's being done with the freeway litter pickup programs; and soon work is to begin with Children First for additional litter pickup programs in and around the schools. 15. ADJOURNMENT Mayor Hall adjourned the meeting at 7:42 p.m. MAYOR of the City of Bakersfield, CA ATTEST; --�d4a CITY CLERK and Ex Offi 14 Clerk of the Council of the City of Bakersfield