HomeMy WebLinkAbout04/17/13 CC MINUTES\U%-
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 17, 2013
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
Maxwell, Smith, Hanson, Sullivan, Johnson
Absent: Mayor Hall
2. PUBLIC STATEMENTS
None.
3. CLOSED SESSION
a, Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
Government Code Section 54956,9 (d)(2),
(e) (1) (one matter),
Motion by Councilmember Hanson to adjourn to APPROVED
Closed Session at 3:32 p.m.
Motion by Councilmember Smith to adjourn from APPROVED
Closed Session at 4:05 p.m.
4. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Potential NO REPORTABLE
Litigation; Closed Session pursuant to ACTION
Government Code Section 54956.9 (d)(2),
(e) (1) (one matter).
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Bakersfield, California, April 17, 2013 - Page 2
5. ADJOURNMENT ACTION TAKEN
Vice -Mayor Weir adjourned the meeting at 5:1
ATTEST:
CITY CLERK and Ex Offici
the Council of the City c
Berk of
Bakersfield
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Maxwell, Smith,
Hanson, Sullivan, Johnson
Absent: None.
2. INVOCATION by Father Daniel Azer Sous, St, Demiana
Coptic Orthodox Church.
3. PLEDGE OF ALLEGIANCE by Roberto Mendoza, 3rd
student at Our Lady of Guadalupe School,
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Linda Jay and Terrie Vaughn, representing the
Bakersfield Association of Realtors, declaring
April 2013, Fair Housing Month,
Ms. Jay accepted the Proclamation, made
comments and extended an invitation to their
awards ceremony, honoring the winners of their
annual Fair Housing Arts contest for the children
of Kern County, on April 20th at the Bakersfield
Association of Realtors office, located at 2300
Bahamas Drive,
Bakersfield, California, April 17, 2013 - Page 3
4. PRESENTATIONS continued
b. Presentation by Mayor Hall of a Proclamation to
Kathy Vochoska, Donate Life Ambassador,
declaring April 2013, DMV /Donate Life Month.
Ms. Vochoska accepted the Proclamation,
made comments, and submitted written
material.
Marla Mason made additional comments
regarding the benefits of being an organ
donor.
Mayor Hall acknowledged the students from Ridgeview High
School government class and California State University,
Bakersfield public administration class in attendance at the
meeting to learn about City government.
5. PUBLIC STATEMENTS
a. Marvin Dean spoke in support of various
agenda Items, and made an announcement
of the following upcoming events that he
encouraged the community and the City
Council to attend: a meeting with the High
Speed Rail Business Advisory Board being held
on April 18th at the Bakersfield Chamber of
Commerce from 12:00 p.m. to 2:00 p.m.; a
meeting with the Kern County and San Joaquin
Valley Transportation Forum being held at 2000
K Street; and a Job Fair being held at the Beale
Library on April 19th; and he submitted written
material.
b. Anthony Whitnack, representing the Bakersfield
Day of Resistance, acknowledged and
thanked Councilmember Sullivan and
Councilmember Johnson for their attendance
at the rally held on February 23, 2013; and
proposed a Resolution by the City Council to
celebrate a Bill of Rights Day to be held on
every December 151h, encouraging citizens to
study and discover their constitutional rights.
ACTION TAKEN
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Bakersfield, California, April 17, 2013 - Page 4
5. PUBLIC STATEMENTS continued ACTION TAKEN
C. Cynthia Giumarra, Director of Women's Ministry
at Canyon Hills, spoke regarding the issue of
human trafficking; advised that they have
created an ongoing ministry called "Project
Rescue" to raise funds to help fight human and
labor trafficking; and announced they will be
holding a fundraiser on April 26th via radio
broadcast and booths located at; Compassion
Corner across from Channel 17 News Station,
the parking lot behind the Truxtun Financial
building on Truxtun Extension and Mohawk, and
on Olive Drive and Knudsen,
d. Randy Fendrick, spoke regarding the history of
the Beale Park Band and asked the City to look
into helping fund the band and their concerts,
and submitted written material,
Councilmember Sullivan asked that
Mr. Fendrick's recommendation be referred to
staff to see if it is possible to help finance the
Beale Park Band concerts.
e. Amy Richardson spoke in opposition to the
Highway 58 Route B extension, explaining that
there will be ramp closures causing traffic
congestion in neighborhoods and loss of
business; and she asked that the City Council
not fund this project.
f, Kristabel Garcia Diaz, Board Member of Bike
Bakersfield, thanked the City Council for the
adoption of the Complete Streets Resolution;
which will encourage people to try alternative
transportation such as walking or cycling and
make Bakersfield a better place to live, walk
and ride.
g. David Kane, with Hickory Equipment Company,
spoke in protest of the bid with Municipal
Maintenance Equipment Inc., for replacement
street sweepers, stating they do not meet the
minimum bid specifications.
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Bakersfield, California, April 17, 2013 - Page 5
5. PUBLIC STATEMENTS continued
h, The following individuals spoke in support of a
Chicken Ordinance; Estelle Freeman, with Kern
Delta 41-1; Denise Netherton, 4H parent; Mariela
Garza; Michael Branum, representing the
Bakersfield Fancy Feathers Club; and Linda
Snoddy, representing the Kern County 4H
(proposed that the setback requirements be
lowered to 20 feet from structures),
Councilmember Maxwell announced that this
issue will be discussed at the Legislative and
Litigation Committee meeting on Monday at
12:00 noon; and complimented Ms. Snoddy on
her presentation.
6. WORKSHOPS
None.
7. APPOINTMENTS
a. Two appointments to the Planning Commission,
due to the expiration of term of Dustin Dodgin
(Ward 3) and Justin Batey (Ward 5), whose
terms expire April 30, 2013.
Applications were received from the following
Individuals for the Ward 3 appointment; Dustin
Dodgin, Ray Chopra, and Jenifer Pitcher.
ACTION TAKEN
Motion by Vice Mayor Weir to reappoint Dustin APPROVED
Dodgin to a 4 -year term as the Ward 3 Planning
Commissioner, which term will expire April 30,
2017.
Applications were received from the following
Individuals for the Ward 5 appointment; Justin
Batey, Ray Chopra, Jenifer Pitcher, and John
Simmons.
Motion by Councilmember Hanson to reappoint APPROVED
Justin Batey to a 4 -year term as the Ward 5
Planning Commissioner, which term will expire
April 30, 2017.
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Bakersfield, California, April 17, 2013 - Page 6
8. CONSENT CALENDAR
Minutes:
a, Approval of minutes of the March 20,
2013 Regular City Council Meetings,
Payments:
b. Receive and file department payments from
March 8, 2013, to April 4, 2013, in the amount of
$30,775,632.34 and self- Insurance payments
from March 8, 2013, to April 4, 2013, in the
amount of $415,950.61 totaling, $31,191,582,95.
Ordinances:
C. Road Funding Ordinance Revisions;
1. First Reading of Ordinance amending
Chapter 3,04 of the Municipal Code
relating to the Special Gas Tax
Improvement Fund,
2. First Reading of Ordinance Authorizing
the City Council to establish a special
fund to be designated the "Roads
Program Utility Franchise Fee and
Surcharge Fund" to maintain the
additional franchise fees and utility
surcharges and the future utility
surcharge fees, If any received, or to be
received by the City pursuant to certain
electric and gas franchises and further
authorizing the City Council to designate
such funds be used solely for the City's
Roads Program and amending and
adding sections to Chapter 3.04 of
Municipal Code in connection therewith.
d. First Reading of Ordinance amending Municipal
Code Sections 1. 12,060 and 1. 12,070 by adding
Annexation No, 619 consisting of 45.27 acres
located along the south side of Taft Highway
east of South H Street to Ward 7, and
Annexation No. 624 consisting of 17,32 acres
located along the east and west side of Stine
Road north of Taft Highway to Wards 6 & 7.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
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Bakersfield, California, April 17, 2013 - Page 7
8. CONSENT CALENDAR continued
ACTION TAKEN
Resolutions:
e, Resolution adopting a Policy regarding
Complete Streets.
f. Wage Adjustments - Temporary Salaries,
Recreation and Parks Department;
1. Amendment No. 17 to Resolution No.
44 -93 setting salaries and related
benefits for Temporary Unit.
g. New Job Specification and Change to Salary
Schedule;
1. Amendment No. 6 to Resolution No.
140 -08 approving Memorandum of
Understanding for employees of the Blue
and White Collar Units and adopting
salary schedule and related benefits for
Police Latent Print Examiner.
2. New Job Specification; Police Latent
Print Examiner - # 21300.
h. 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 the demolishment
of dangerous buildings and authorizing
collection of the assessments by the Kern
County Tax Collector.
Resolution approving an application to the Kern
County Local Agency Formation Commission
to annex uninhabited territory into the City
Identified as Annexation No. 517 located south
of Panama Lane between Progress Road and
Old River Road.
Resolution authorizing the filing of an
application with the Kern Council of
Governments for allocation of Transportation
Development Act funds for Fiscal Year
2013 -14 ($247,037) for the maintenance of the
Bakersfield Amtrak Station during said fiscal
year.
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
RES 140 -08(6)
RES 036 -13
RES 037 -13
RES 038 -13
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Bakersfield, California, April 17, 2013 - Page 8
CONSENT CALENDAR continued ACTION TAKEN
k. California Enterprise Development
Authority Property Assessed Clean
Energy Program (PACE): (deferred from the
meeting of 316113)
1. Resolution approving associate RES 039 -13
membership by the City in the CEDA
Program and authorizing and directing
the execution of an associate
membership agreement with CEDA.
2. Associate Membership Agreement with AGR 13 -039
CEDA.
3. Resolution consenting to inclusion of
RESO40 -13
properties within the Incorporated area
of the City in the Kern County Property
Assessed Clean Energy Program (PACE)
to finance distributed generation
renewable energy sources and energy
and water and water efficiency
improvements, approving the report
setting forth the parameters of the
referenced program and certain matters
In connection therewith and authorizing
and directing the execution of a
participation agreement with CEDA.
4. Participation Agreement in CEDA PACE
AGR 13 -040
Program.
Resolution proclalming the City's unwavering
REMOVED FOR
support for The Bill of Rights and the Annual
SEPARATE
Commemoration of National Bill of Rights Day.
CONSIDERATION
M. Resolutions of Intention adding the following
territories to the Consolidated Maintenance
District and preliminarily approving, confirming
and adopting the Public Works Director's
Report for each:
1. ROI No. 1741 adding Area 4 -114 ROI 1741
(3838 San Dimas Street)
2. ROI No. 1742 adding Area 1 -93 ROI 1742
(5000 Commerce Drive)
3. ROI No. 1743 adding Area 2 -53 ROI 1743
(46921 White Lane)
Bakersfield, California, April 17, 2013 — Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.m. continued
4. ROI No, 1749 adding Area 1 -94
(10948 Snow Road)
5. ROI No. 1750 adding Area 3 -87
(5511 Woodmere Drive)
6. ROI No. 1751 adding Area 3 -88
(Hosking, SR99 South)
n. Resolution of Intention No, 1740 ordering the
vacation of the public utilities easement
located in a previously vacated alley in blocks
140 and 141, north of West Sumner Street and
east of Golden State Avenue,
Agreements:
o. Agreement with Public Agency Retirement
Services (PARS) for administrative and custodial
services regarding the City's Retiree Medical
Irrevocable Trust.
P. Operational Agreements required for
Bakersfield Police Department to receive a
grant from California Emergency Management
Agency for the Operational Children Exposed
to Domestic Violence Specialized Response
Program;
1, The Alliance Against Family Violence
and Sexual Assault ($105,987).
2. Child Protective Services - Kern County
Department of Human Services (CPS).
q. Agreement with Re- Store, LLC ($92,600), for the
upgrade and conversion of the City's disaster
recovery and back -up system,
r. Agreement with Ashland, Inc, ($450,000), to
provide dewatering polymer for Wastewater
Treatment Plant No, 3.
S. Transportation Impact Fee Credit Agreement
with D, R. Horton VEN, Inc, (not to exceed
$97,449.88), for construction of improvements
on Stine Road along the frontage of Tentative
Tract Map 6639.
ROI 1749
ROI 1750
ROI 1751
ROl 1740
AGR 13 -041
AGR 13 -042
AGR 13 -043
AGR 13 -044
AGR 13 -045
AGR 13 -046
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Bakersfield, California, April 17, 2013 - Page 10
CONSENT CALENDAR continued ACTION TAKEN
Maintenance Agreement with Bakersfield 100, AGR 13 -047
LP, for Tract 6193 Phases 1 & 2 located
easterly of Kern Canyon Road and north of
Chase Avenue,
U. Final Map, Landscape Agreement and AGR 13 -048
Maintenance Agreement with Estancia AGR 13 -049
Valley, LLC, for Tract 6361 Phase 2 located north ABS SMITH
of Snow Road and west of Verdugo Road.
V. Final Map and Improvement Agreement with AGR 13 -050
Castle & Cooke California, Inc., for Tract 6448
Phase 12 located south of Stockdale Highway
and west of Renfro Road.
W. Final Map and Improvement Agreement with AGR 13 -051
Castle & Cooke California, Inc., for Tract 6250
Phase 19 located north of Stockdale Highway
and west of Jewetta Avenue,
X. State Route 178 at Morning Drive Interchange
Project: (TRIP)
1, Utility Agreement with Pacific Gas and AGR 13 -052
Electric Company ($588,443; $520,948.59
Federal (88.53 %) and $67,494.41 Local
(11.47 %)) for the relocation of electrical
distribution facilities.
2. Utility Agreement with Pacific Gas and AGR 13 -053
Electric Company ($161,314; $142,811.28
Federal (88,53 %) and $18,502.72 Local
(11.47 %)) for the relocation of electrical
distribution facilities.
3. Utility Agreement with AT &T ($323,055.21; AGR 13 -054
$286,000.78 Federal (88.53 %) and
$37,054.43 Local (11.47 %)) for the
relocation of telecommunication
facilities.
Y. Westside Parkway Phase 6C: (TRIP)
REMOVED FOR
1. Consultant Agreement with Nolte and SEPARATE
Associates, Inc, (not to exceed CONSIDERATION
$2,948,002.16), for construction
management services for the project,
Bakersfield, California, April 17, 2013 - Page 11
CONSENT CALENDAR continued ACTION TAKEN
Item 8.y. continued
2. Appropriate and transfer $2 million
Transportation Development Fund
revenues to the Public Works Capital
Improvement budget within the TDF TRIP
Local Match Fund.
Z. Installation of data collection units on street
light poles for Advanced Meter Program:
1. Amendment No. 1 to Agreement AGR 12- 163(1)
No. 12 -163 with Southern California Gas
Company (SCG) to obligate SCG to pay
for electrical costs associated with SCG's
equipment and to indemnify and hold
City harmless for certain defined events
relating to installation of the data
collection units.
2. Agreement with Pacific Gas and Electric AGR 13 -056
Company for unmetered low wattage
equipment connected to customer -
owned street light facilities obligating
City to pay for electrical costs
associated with SCG's equipment and to
indemnify and hold PG &E harmless for
certain defined events. (Note: This
agreement with PG &E is required to
allow SCG to install the data collection
units. However, through Amendment No.
1 to Agreement No. 12 -163, SCG
assumes the responsibilities of the PG &E
agreement).
aa. Amendment No. 2 to Agreement No, 11 -048 AGR 11- 048(2)
with JCI Chemical, Inc. ($60,000; revised not to
exceed $181,023.55 and extending term one
year), for the supply of sodium hypochlorite for
Wastewater Treatment Plant No. 3.
bb. Amendment No. 2 to Agreement No. 11 -051 AGR 11- 051(2)
with Kern Turf Supply, Inc. ($175,000; revised not
to exceed $525,026.96 and extending term one
year) for the supply of irrigation parts and
supplies.
cc. Amendment No. 1 to Agreement No. 93 -102 AGR 93- 102(1)
with Larry Goff (extending term of lease)
for Hangar Space A -7 at the Municipal Airport.
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Bakersfield, California, April 17, 2013 - Page 12
CONSENT CALENDAR continued
dd. Amendment No. 1 to Agreement No. 12 -133
with Centrisys Corporation ($100,000; revised
not to exceed $200,000), for centrifuge
watering system repairs at Wastewater
Treatment Plant No. 3.
ee. Relocation of five existing pipelines for the
Westside Parkway Phase 6C Project: (TRIP)
1. Contract Change Order No. 1 to
Agreement No. 12 -165 with Security
Paving Company, Inc. (Decrease of
$940,000; revised not to exceed
$29,042,222.42), for the project.
2. Reimbursement Agreement with Matrix
Oil Corporation ($550,000) to relocate
existing pipelines.
ff. Contract Change Order No. 7 to Agreement
No. 11 -091 with Raminha Construction
($57,195.39; revised not to exceed
$3,662,242.38) for the City Sanitary Landfill Final
Closure Project.
gg. Contract Change Order No. 4 to Agreement
No. 11 -109 with Loop Electric Inc. ($20,211.17;
revised not to exceed $311,695.14), for traffic
signal and lighting system at the intersection of
Stine and Hosking roads.
hh. Contract Change Order Nos. 20 and 21 to
Agreement No. 12 -069 with S.C. Anderson
Inc. ($95,963; revised not to exceed
$3,751,407.66), for the State Farm Sports Village
Phase 2 Project.
Bids:
il. Accept bid from Municipal Maintenance
Equipment, Inc. ($900,869.55), for three
replacement mechanical rear broom street
sweepers for the Public Works Department,
Streets Division.
jj. Accept bid and approve contract with Gilliam
and Sons, Inc. (not to exceed $854,484), for the
annual contract for earthmoving and hauling
(Prevailing Wage Rate).
ACTION TAKEN
AGR 12- 133(1)
AGR 12 -165
CCO1
AGR 13 -057
AGR 11 -091
CC07
AGR 11 -109
CCO4
AGR 12 -069
CCO20, CCO21
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 13 -058
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Bakersfield, California, April 17, 2013 - Page 13
8. CONSENT CALENDAR continued
kk. Accept bid and approve contract with Gilliam
and Sons, Inc, (not to exceed $818,938), for the
annual contract for earthmoving and hauling
(Non - Prevailing Wage Rate).
II. Accept bid and approve contract with
Graham Prewett, Inc, ($144,000), for roof
replacement at City Hall South.
mm. Accept bid and approve contract with
American, Inc. ($134,700), for cooling tower
replacement at City Hall South,
nn. Accept bid and approve contract with Cen-
Cal Construction (not to exceed $309,164,60),
for the construction of HUD funded curb and
gutter,
oo, Accept bid and approve contract with Granite
Construction Company (not to exceed
$594,164.40), for the supply of HUD funded
street materials.
pp. Mill Creek Linear Park Sister City Gardens Phase
B;
1. Accept bid and approve contract with
Superior Construction ($799,500) for the
project.
2. Appropriate and transfer $340,000
Property Tax Administration Fee Refund
from the General Fund to the Recreation
and Parks Department's Capital
Improvement budget within the Capital
Outlay Fund for the project.
Miscellaneous:
qq, Appropriate $28,385 program income from the
Downtown Project Area Housing Fund to the
Community Development Department's
Operating budget within the Downtown Project
Area Housing Fund for payment of Housing
Successor Agency administrative expenses.
ACTION TAKEN
AGR 13 -059
AGR 13 -060
AGR 13 -061
AGR 13 -062
AGR 13 -063
REMOVED FOR
SEPARATE
CONSIDERATION
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Bakersfield, California, April 17, 2013 - Page 14
CONSENT CALENDAR continued
rr. Appropriate $190,000 North of the River's Park
Development Fees to the Recreation and Parks
Department's Capital Improvement budget
within the Park Improvement Fund for the
Riverlakes Park Project.
ss. Appropriate and transfer $150,000 In Property
Tax Administration Fee Refund revenues from
the General Fund to the Recreation and Parks
Department's Capital Improvement budget
within the Capital Outlay Fund for capital
improvements to the Bright House Network
Amphitheater,
tt, Appropriate and transfer $21,400 Fire Trust -
Hazmat Penalty Funds to the Certified Unified
Program Agency (CUPA) Fund Operating
budget for the purchase of Hazardous Materials
Team (Haz -mat) equipment including NIDS
Biological Monitor, Haz -mat suits, a printer and
Haz -mat supplies,
uu. Budget and Finance Committee Report
regarding FY 13/14 Community Development
Block Grant (CDBG - $2,713,993), HOME
Investment Partnership (HOME - $954,293), and
Emergency Shelter Grant (ESG - $236,500)
Annual Action Plan submittal (Total - 3,904,786),
(Budget & Finance Committee recommends
acceptance of the report, and authorize the City
Manager to execute all necessary HUD documents
required to submit the Annual Action Plan.)
W. Acceptance of State Farm 2013 Good
Neighbor Citizenship grant ($5,000) and
appropriate $5,000 contribution to the Police
Department operating budget in the General
Fund to upgrade a dilapidated license plate
reader in the BPD Auto Theft Detail.
Successor Agency Business:
ww. Receive and file successor agency payments
from March 8, 2013, to April 4, 2013, in the
amount of $2,807,780,68,
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
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Bakersfield, California, April 17, 2013 — Page 15
8. CONSENT CALENDAR continued ACTION TAKEN
Assistant City Clerk Drimakis announced that staff
submitted a memorandum updating an ordinance for
item 8,c.; staff submitted a supplemental
memorandum providing additional information and
an updated agreement for Item 8.s,; and a
supplemental memorandum providing corrections to
the administrative report on item 8,11,; she also stated
that correspondence was received from David P.
Kane, In protest to item 8.11,
Councilmember Smith requested that item 8.e. be
removed for separate consideration.
Councilmember Smith announced he would
abstain, due to conflict of interest, source of income to
himself, on item 8.u.
Councilmember Johnson requested that items 8.c.,
81, 81, and 8.ww. be removed for separate
consideration.
Councilmember Maxwell requested that item 8.y., 8.11.
and 8.pp. be removed for separate consideration.
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar items 8.a. through 8.ww. with the removal of
items 8. c., 8.e., 8.f., 8.1., 8. y., 8. ii., 8.pp., and 8. ww. for
separate consideration.
C. Road Funding Ordinance Revisions;
1, First Reading of Ordinance amending FR
Chapter 3,04 of the Municipal Code
relating to the Special Gas Tax
Improvement Fund.
2. First Reading of Ordinance Authorizing FR
the City Council to establish a special
fund to be designated the "Roads
Program Utility Franchise Fee and
Surcharge Fund" to maintain the
additional franchise fees and utility
surcharges and the future utility
surcharge fees, If any received, or to be
received by the City pursuant to certain
electric and gas franchises and further
authorizing the City Council to designate
such funds be used solely for the City's
Roads Program and amending and
adding sections to Chapter 3,04 of
Municipal Code in connection therewith,
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Bakersfield, California, April 17, 2013 - Page 16
CONSENT CALENDAR continued
ACTION TAKEN
Item 8,c. continued
Councilmember Johnson stated that he did not
support the implementation of a utility surcharge fee
and will be voting no on this item.
Motion by Vice -Mayor Weir to adopt Consent
APPROVED
Calendar item 8.c.
NOES JOHNSON
e, Resolution adopting a Policy regarding
RES 035 -13
Complete Streets,
Councilmember Smith stated he feels this Resolution is
a great step towards the health of the community and
he is looking forward to the design of all streets in the
future to accommodate all road users.
Motion by Councilmember Smith to adopt Consent
APPROVED
Calendar item 8.e.
f. Wage Adjustments - Temporary Salaries,
Recreation and Parks Department:
1. Amendment No, 17 to Resolution
RES 44- 93(17)
No, 44 -93 setting salaries and related
benefits for Temporary Unit,
Motion by Councilmember Johnson to adopt Consent
APPROVED
Calendar item 81., with the caveat that staff develop a
workforce resolution to assist in making the training of
lifeguards more affordable.
I. Resolution proclaiming the City's unwavering
RES 041 -13
support for The Bill of Rights and the Annual
Commemoration of National Bill of Rights Day.
Councilmember Johnson thanked Mr. Whitnack for
proposing the idea for this Resolution.
Motion by Councilmember Johnson to adopt Consent
APPROVED
Calendar item 81
Y. Westside Parkway Phase 6C: (TRIP)
1. Consultant Agreement with Nolte and
AGR 13 -055
Associates, Inc, (not to exceed
$2,948,002.16), for construction
management services for the project,
2. Appropriate and transfer $2 million
Transportation Development Fund
revenues to the Public Works Capital
Improvement budget within the TDF TRIP
Local Match Fund.
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Bakersfield, California, April 17, 2013 — Page 17
8. CONSENT CALENDAR continued
Item 8.y. continued
ACTION TAKEN
Motion by Councilmember Maxwell to adopt Consent APPROVED
Calendar item 8. y. and request that staff report back
to City Council in one year with an update on the
project and to report N there are any anticipated
problems or delays with completing the project on
time.
Ii. Accept bid from Municipal Maintenance
Equipment, Inc. ($900,869.55), for three
replacement mechanical rear broom street
sweepers for the Public Works Department,
Streets Division.
Motion by Councilmember Maxwell to continue APPROVED
Consent Calendar item 8.H. to the next meeting, in
order to investigate some concerns brought up by the
competitor in this bidding process.
pp. Mill Creek Linear Park Sister City Gardens Phase
B;
1. Accept bid and approve contract with
Superior Construction ($799,500) for the
project,
2. Appropriate and transfer $340,000
Property Tax Administration Fee Refund
from the General Fund to the Recreation
and Parks Department's Capital
Improvement budget within the Capital
Outlay Fund for the project.
Motion by Councilmember Maxwell to put this project
on hold and get someone who will do it for
considerably less, more into the guidelines of what we
would like to spend.
Public Works Director Rojas advised that staff can re-
look at this project to reduce some of the design
features to bring the costs down, and bring it back to
Council,
Mayor Hall expressed his concern with delaying the
project, and stated that the Sister City Board of
Directors and he have put a lot of energy into this
project and they want to see it succeed.
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Bakersfield, California, April 17, 2013 — Page 18
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.pp. continued
Councilmember Hanson explained the City needs to
be careful with money spent and suggested that the
Sister City Board hold a fundraiser event to help with
the cost of this project.
Councilmember Sullivan asked that this matter be
heard in the near future, as delegates from other Sister
City countries are looking forward to visiting
Bakersfield, and asked staff to come back to the next
Council meeting with a projection date of when the
last phase of the project can be completed.
Motion by Councilmember Maxwell to put this project APPROVED
on hold and get someone who will do it for
considerably less, more into the guidelines of what we
would like to spend.
ww. Receive and file successor agency payments
from March 8, 2013, to April 4, 2013, in the
amount of $2,807,780.68,
Councilmember Johnson requested that staff provide
a letter to State officials thanking them for their efforts
and support regarding the State of California
Department of Finance issues, and reaching out for
their help as the City moves forward in dealing with the
State.
Motion by Councilmember Johnson to adopt Consent APPROVED
Calendar item 8. ww.
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing on Resolution of Necessity to RES 042 -13
determine the public interest and necessity for
acquisition of certain real property In northeast
Bakersfield (APN 435 - 010 -12) to develop and
construct Morning Drive south of State Route
178 to College Avenue
(Code Civ, Proc, § 1240.010), (Staff recommends
adoption of Resolution)
DUI
Bakersfield, California, April 17, 2013 - Page 19
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
b. Public Hearing on Resolution of Necessity to RES 043 -13
determine the public Interest and necessity for
acquisition of certain real property in northeast
Bakersfield (APNs 533 - 011 -07, 08 & 25) to
develop and construct Morning Drive south of
State Route 178 to College Avenue (Code Civ,
Proc. § 1240.010). (Staff recommends adoption of
Resolution.)
C. Public Hearing to consider an adjustment to the
Water Availability Fee for the City's Domestic
Water System:
1. Resolution setting Domestic Water RES 044 -13
Availability Fee for Ashe, Fairhaven and
Riverlakes Ranch service areas of the
City's Water System. (Staff recommends
adoption of Resolution.)
Consent Calendar Public Hearings opened at
7:04 p, m.
No one spoke.
Consent Calendar Public Hearings closed at
7:04 p,m,
Motion by Vice -Mayor Weir to adopt Consent Calendar APPROVED
Hearing Items 9. a. through 9.c.
10. HEARINGS
None.
11. REPORTS
None,
12. DEFFERED BUSINESS
None.
13. NEW BUSINESS
None.
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Bakersfield, California, April 17, 2013 - Page 20
14. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN
Councilmember Hanson requested that staff explore
the idea of using Mods for the Council in order to
eliminate the amount of paper used.
Councilmember Maxwell asked that the bus stop and
window signage issues be referred to the Legislative
and Litigation Committee.
Councilmember Maxwell asked staff to look into
the potholes on Pacific Street as the residents are
concerned with damage to their vehicles.
Councilmember Maxwell asked staff to request that
Caltrans look into allowing vehicles to make left hand
turns onto M Street from Highway 178, to help alleviate
traffic.
Councilmember Smith recognized that the City lost an
employee, Janice Horcasitas, who passed away last
week.
Councilmember Sullivan asked that staff to look into
ways to enforce penalties on people who litter and
suggested going to schools and educating students
on the effect of litter.
Councilmember Sullivan requested that staff measure
the on and off ramps of the freeway and look into the
cost of the beautification of the ramps with red
stamped concrete.
Councilmember Sullivan requested that the sprinklers
along the freeway repaired.
Councilmember Sullivan expressed gratitude to the
Keep Bakersfield Beautiful Committee for their efforts in
the removal of litter.
Mayor Hall spoke regarding an inquiry from
Councilmember Sullivan about the ability to have No
Litter signs placed in Bakersfield and stated that
Caltrans has installed 11 new signs; he stated that
there are pending contracts that will include litter
removal and weed cleanup and expressed his
enthusiasm with the partnerships developing between
the City and other agencies; and provided an update
on the effort to clean up the homeless encampments.
1
I U-1 8)
Bakersfield, California, April 17, 2013 - Page 21
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Mayor Hall expressed gratitude to the Solid Waste
Department and the Kern Refuse haulers for the blue
cart recycling programs that have been placed at
four local elementary school districts, which has
educated students on how to reduce litter on their
campus and at home.
Mayor Hall announced that he sent a condolence
letter to the Mayor of Boston expressing his and the
City Council's concerns for their recent tragedy.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:21 p.m.
ATTEST;
CITY CLERK and Ex Offic' lerk of
the Council of the City Bakersfield
Bakersfield, Ca -April 17, 2013
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