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HomeMy WebLinkAbout03/21/12 CC MINUTESBAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 21, 2012 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, Councilmembers Salas, Benham, Weir, Hanson, Sullivan, Johnson Absent: Vice -Mayor Couch 2. INVOCATION by Reverend Elias Abdallah, Bakersfield First Assembly Church. 3. PLEDGE OF ALLEGIANCE by Zachary Fraze, bm grade student at Valley School. Mayor Hall acknowledged the students from the Bakersfield College Political Science class in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Judy Normoyle, declaring April National Donate Life Month. Ms. Normoyle accepted the Proclamation and made comments. b. Presentation by Mayor Hall of a Proclamation to Kristie Achee, President of the local California Land Surveyors Association, declaring March 18 -24, 2012, National Surveyors' Week. Ms. Achee accepted the Proclamation and made comments. 5. PUBLIC STATEMENTS a. Matthew Park, Government Relations Representative for the local PG &E office, provided an update on the demolition of the Kern Power Plant at Coffee Road and Rosedale Highway. ACTION TAKEN 1384 1385 Bakersfield, California, March 21, 2012 - Page 2 5. PUBLIC STATEMENTS continued ACTION TAKEN b. Steven McEvoy, Chairman of the Downtown Business Association, invited the City to participate in a downtown charrette meeting scheduled for April 2111 from 9:00 a.m. to 2 :00 p.m., at 1810 Chester Avenue, to target the alleys in the Arts Alive District and its impact area between K and F streets, and 17th and 21 st streets, and to collectively create a plan of short and long term goals for the area; he also invited the City to participate in a downtown business watch meeting with the Police Department scheduled for March 29th, from 8:30 to 9:30 a.m., at 2000 K Street, to help find solutions for areas of concern around the Greyhound Bus station and the Golden Empire Transit District that impacts the Arts Alive District. C. Robert Blair, architect, and representing the Golden Empire Chapter of the American Institute of Architects, spoke in support of the downtown charrette and offered his group's involvement. d. Kathleen Ellis Faulkner, attorney and downtown business owner, spoke in support of the charrette and expressed her concerns about the garbage that is not being picked up, and the people hanging out in the alleys around the Greyhound Bus Depot and the downtown post office. e, Jason Cater, with Bike Bakersfield, spoke in support of the Highway 99 /Hosking Avenue Interchange project, and urged the City to remember the Complete Streets Act that was enacted in 2008 which requires that new roads require the same level of service for all users, and that Bike Bakersfield would be happy to offer any input into the process. 6. WORKSHOPS a. 2012 City Council Goals Update: 1. Report on Accomplishments of Goals for 2011. 2. Update of Goals Document for 2012. Assistant to the City Manager Smiley made staff comments and provided a PowerPoint presentation. Bakersfield, California, March 21, 2012 - Page 3 7. APPOINTMENTS a. Two appointments to the Historic Preservation Commission due to the expiration of terms of Patricia Lee Duffel and Susan B. Stussy, whose terms expire March 30, 2012. City Clerk Gafford announced applications were received from the two incumbents. Motion by Councilmember Hanson to reappoint Patricia Duffel and Susan Stussy to a 3 -year term on the Historic Preservation Commission, whose terms expire on March 30, 2015. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the March 7, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from February 24, 2012 to March 8, 2012 in the amount of $21,404,176.17, and self- insurance payments from February 24, 2012 to March 8, 2012 in the amount of $964,384.43, totaling $22,368,560.60. Ordinances: C. Adoption of Ordinance amending section 10.36.030 of the Municipal Code relating to the Bus Zones. (FR 03107112) Resolutions: d. Resolution amending the local implementation procedures of the California Environmental Quality Act (CEQA). e. Sewer connection fee assessment for 1013 Panama Lane; 1. Resolution confirming assessment for sewer connection fee and authorizing collection of assessment by the Kern County Tax Collector. 2. Agreement with Celso C. Quinones and Jessica Condor, to pay sewer connection fee in installments through the Kern County Tax Collector. ACTION TAKEN APPROVED AB COUCH ORD 4663 RES 027 -12 RES 028 -12 AGR 12 -044 1386 1387 Bakersfield, California, March 21, 2012 — Page 4 8. CONSENT CALENDAR continued ACTION TAKEN Agreements: Agreement with San Joaquin Community Hospital ($25,000 annually) for a period of seven years for naming rights of the Ice Sports Center. g. Real Property Acquisition for future Hosking Road and State Route 99 Interchange Project (TRIP): 1. Purchase Agreement with KB Partners LLC for property located at 2250 Hosking Road, ($2,575,000). 2. Appropriate $500,000 in Traffic Impact Fees, $366,180 County Reimbursement for the 7th Standard Road Project, and $1,405,941 fund balance to the Public Works Department's Capital Improvement Budget for the Hosking Road Interchange Project within the Transportation Development Fund. 3. Transfer $527,879 of project savings from various Capital Improvement Projects to the Hosking Road Interchange Project within the Transportation Development Fund. h. Amendment No. 1 to Agreement No, 07 -131 with John Giumarra, Jr., and Samsara Investment Corporation and Terra Group, Inc., to exchange properties relating to the Hosking Avenue /Highway 99 Interchange Project. I, State Route 99 at Hosking Avenue Interchange Project (PS &E) (TRIP): 1. Amendment No. 2 to Agreement No. 07 -132 with Parsons Transportation Group Inc.($343,262, revised not to exceed $3,294,477.76), for additional environmental and engineering services for Project Approval and Environmental Documents (PA &ED), and Plans, Specifications and Estimate (PS &E). REMOVED FOR SEPARATE CONSIDERATION AGR 12 -043 DEED 7518 AGR 07- 131(1) AGR 07- 132(2) Bakersfield, California, March 21, 2012 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.i. continued 2. Appropriate $343,262 Transportation Development Fund balance to the Public Works Department Capital Improvement budget within the TDF TRIP local match fund. j. Relocation of electric distribution facilities in conflict with City's Westside Parkway Phase 2 Project (TRIP): Utility Agreement with Pacific Gas and AGR 12 -046 Electric Company ($523,703.29) for the relocation. 2. Appropriate $523,704 Transportation Development Fund balance to the Public Works Department's Capital Improvement budget within the TDF TRIP local match fund. k. Westside Parkway Engineering Design Services (PS &E) (TRIP): Amendment No. 4 to Agreement AGR 07- 082(4) No. 07 -082 with AECOM USA, INC. ($416,889; revised not to exceed $15,656,684), for engineering design services for the Westside Parkway Project. 2. Appropriate $416,889 Transportation Development Fund balance to the Public Works Department's Capital Improvement budget within the TDF TRIP local match fund. Westside Parkway Phase 2 Project (TRIP): Contract Change Order Nos. 22, 29, 35, AGR 09 -076 40 and 41 to Agreement No. 09 -076 CCO22, CCO29, with Security Paving Company, Inc. CC035, CCO40, CCO41 ($2,859,881.86; revised not to exceed $87,240,538.32), for the project. 2. Appropriate $1,404,000 Sewer Enterprise Fund Balance (Wastewater Treatment IL Plant No. 3) to the Public Works Department's Capital Improvement Budget. 1389 Bakersfield, California, March 21, 2012 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN M. Westside Parkway Phase 4 Project (TRIP): Contract Change Order Nos. 4 and 9 to Agreement No. 10 -168 with Security Paving Company, Inc. ($180,602.50; revised not to exceed $22,407,683.95), for the construction of the project. 2. Appropriate $180,602.50 Transportation Development Fund balance to the Public Works Department's Capital Improvement budget within the TDF TRIP local match fund. n. Contract Change Order Nos. 1 through 3 to Agreement No. 11 -039 with Loop Electric, Inc. ($40,719.46; revised not to exceed $235,725.56), for the Install Traffic Monitoring Cameras -Part 2 Project. o. Contract Change Order No. 5 to Agreement No. 11 -068 with Kern Pacific Construction ($14,225.66; revised not to exceed $5,017,408.55) for the Streetscape Improvements, Q Street, Truxtun Avenue to 24th Street Project. Bids: P. Accept bid from Jim Burke Ford ($195,994.13) for one replacement sewer inspection truck for the Public Works Department, Streets Division. q. Accept bid and approve contract with Hillcrest Sheet Metal, Inc. ($83,557), for HVAC replacement on building A at the corporation yard. Miscellaneous: r. Appropriate $7,500 contribution from San Joaquin Community Hospital made through the Bakersfield Foundation to the Recreation and Parks Department operating budget within the General Fund for the Movies in the Park series. AGR 10 -168 CCO4, CC09 AGR 11-039 CCO1, CCO2, CCO3 AGR 11 -068 CCO5 AGR 12 -047 REMOVED FOR SEPARATE CONSIDERATION 8 1390 Bakersfield, California, March 21, 2012 - Page 7 CONSENT CALENDAR continued ACTION TAKEN S. Appropriate and transfer $15,000 Fire Trust - Hazmat Penalty Funds to the Certified Unified Program Agencies (CUPA) Fund operating budget for mandated online records entry into the CERS 2.0 system. t. Grant of easement to P.G.& E. for electrical DEED 7516 service at water well south of the Westside Parkway between Jewetta Avenue and Allen Road. (TRIP) U. Grant of easement to P.G. & E. for electrical DEED 7517 service at City Water Well No. 20 located at the southwest corner of White Lane and Buena Vista Road. City Clerk Gafford announced that staff has submitted a memorandum concerning a bid protest for item 8.p. Councilmember Sullivan asked that items 81 and 8.r. be removed for separate consideration. Motion by Councilmember Hanson to adopt Consent APPROVED Calendar items 8.a. through 8.u., with the removal for AB COUCH separate consideration of items 81 and 8.r. f. Agreement with San Joaquin Community AGR 12 -045 Hospital ($25,000 annually) for a period of seven years for naming rights of the Ice Sports Center. Motion by Councilmember Sullivan to adopt Consent APPROVED Calendar item 81 AB COUCH Appropriate $7,500 contribution from San Joaquin Community Hospital made through the Bakersfield Foundation to the Recreation and Parks Department operating budget within the General Fund for the Movies in the Park series. Motion by Councilmember Sullivan to adopt Consent APPROVED Calendar item 8.r. AB COUCH 9. CONSENT CALENDAR PUBLIC HEARINGS None. 1391 Bakersfield, California, March 21, 2012 - Page 8 10. CLOSED SESSION a, Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. (One potential case) b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Gloria Williams v. City, KCSC Case No. S- 1500 -CV- 273583 -SPC Motion by Councilmember Hanson to adjourn to Closed Session at 5:58 p.m. Motion by Councilmember Hanson to adjourn from Closed Session at 6:23 p.m. RECONVENED MEETING AT 6:31 p.m. 11. CLOSED SESSION ACTION a. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. (One potential case) b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Gloria Williams v. City, KCSC Case No. S- 1500 -CV- 273583 -SPC 12. HEARINGS None. 13. REPORTS a. Expansion of the Recycling Program: Resolution to expand the City's residential curbside and commercial recycling programs. 2. Amendment No. 1 to Agreement No. 06 -300 with Kern Refuse Disposal Inc. for refuse collection services and extending the contract term from June 30, 2025 through June 30, 2032. ACTION TAKEN APPROVED AS COUCH APPROVED AS COUCH CITY ATTORNEY GIVEN DIRECTION CITY ATTORNEY GIVEN DIRECTION RES 029 -12 AGR 06- 300(1) Bakersfield, California, March 21, 2012 - Page 9 13. REPORTS continued Item 13.a. continued 3. Amendment No. 1 to Agreement No. 05 -232 with Kern Refuse Disposal Inc. for curbside bulky waste collection and extending the contract term from June 30, 2014 through June 30, 2032, 4. Amendment No. 1 to Agreement No. 01 -184 with Metropolitan Recycling LLC, for a joint operation of the recycling facility and setting the contract term to June 30, 2032. 5. Amendment No. 2 to Agreement No. 99 -329 with Metropolitan Recycling LLC, for lease of property within the Mt. Vernon Recycling Facility and extending the expiration date from December 1, 2019 through June 30, 2032. b. Amendment No. 2 to Agreement No. 03 -152 with Metropolitan Recycling LLC, for Curbside Recycling to terminate on June 30, 2012 rather than June 30, 2013 in order to implement the Universal Curbside Recycling program. City Manager Tandy made staff comments, and recommended adoption of the Resolution and approval of the Agreements. Public Works Director Rojas made additional staff comments. Mayor Hall announced there were two individuals who wished to speak on this item, and he would allow them to do so at this time. David Faller, Plant Manager of the Rock 10 Facility, spoke in support of the curbside recycling program. Jacob Panero, with Kern Refuse Disposal and Metropolitan Recycling, expressed his appreciation to staff for this program. Councilmember Benham thanked staff and the haulers, and announced she is thrilled to be able to move forward on this program. ACTION TAKEN AGR 05- 232(1) AGR 01- 184(1) AGR 99- 329(2) AGR 03- 152(2) 1392 1393 13. 14. 15. 16. Bakersfield, California, March 21, 2012 - Page 10 REPORTS continued Item 13,a, continued Motion by Councilmember Johnson to approve the recommendation to adopt the Resolution and approve the Agreements. DEFERRED BUSINESS None, NEW BUSINESS None, SUCCESSOR AGENCY BUSINESS a, Presentation regarding the roles and responsibilities of the Successor Agencies to the Bakersfield Redevelopment Agency. Economic Development Director Kunz made staff comments and provided a PowerPoint presentation. b. Receive and file Successor Agency payments from February 24, 2012 to March 8, 2012 in the amount of $58,304.91. Motion by Councilmember Hanson to receive and file. 17. COUNCIL AND MAYOR STATEMENTS Councilmember Benham asked the Solid Waste Department to respond to a concern by a resident in the Oleander area who is having problems with the garbage pickup and alley interference; she also asked Solid Waste to follow up on the garbage complaint voiced by Mrs. Faulkner during Public Statements. Councilmember Johnson thanked staff for the information provided on the goals and objectives for the Hosking Road Interchange project. Councilmember Hanson thanked the Solid Waste Department for its efforts with the curbside recycling program, Councilmember Hanson expressed his condolences for the loss of the Police Officer who passed away last night and thanked the Police Department for what they do for the City of Bakersfield. ACTION TAKEN APPROVED AB COUCH APPROVED AB COUCH 1394 Bakersfield, California, March 21, 2012 - Page 11 17. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Hanson congratulated Mayor Hall for having no competition in the upcoming mayoral election. Mayor Hall thanked Councilmember Hanson for the recognition. Councilmember Solos thanked the Solid Waste Department for helping with the upcoming cleanup event next Friday with Olivier Middle School in commemoration of Cesar Chavez Day, and he invited the public to join in the event. Councilmember Salas thanked the Public Works Department for their work on the trees on Union Avenue, and the removal of the graffiti by Golden Valley High School and around St. John's Church. Councilmember Solos asked Public Works staff to provide an update on the status of the installation of the audible signals for the traffic lights at California and Chester avenues. Councilmember Salas expressed his appreciation for the expanded blue recycling program. Councilmember Solos asked that the Council Meeting be adjourned in memory of the fallen officer. Councilmember Sullivan expressed her appreciation to the Solid Waste Department for bringing about the expanded curbside recycling program. Councilmember Sullivan thanked Economic Development Director Kunz for her accomplishments in the area of redevelopment. Councilmember Sullivan advised that she received a call from a constituent regarding the recycling pickup who suggested there be a maximum of two days of service, and he expressed his concerns about residents who leave their trash carts out on the curb for too long; and she asked about the benefit of having an ordinance that defines how soon the carts are supposed to be removed from the curb. 1335 Bakersfield, California, March 21, 2012 - Page 12 18. ADJOURNMENT ACTION TAKEN Mayor Hall adjourned the meeting at 7:12 p.m., in memory of Officer Trevor Jones, recognizing his untimely passing ATTEST: "i:�-Oz' --- CITY CLERK and Ex O i o Clerk of the Council of the City of Bakersfield