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
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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
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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.
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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
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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.
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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)
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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
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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.
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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