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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). i X05 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 \QOU0 \qu 1 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. lj� ►UUZ 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. �SU'6 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 FR 91 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 1 UV9 1W5 8. 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 \U �j v U C� 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. (A('F ��Juq 8. 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 1-1 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 N -10 i U-1 1 8. 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 �U­1a 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, \`P1 8. 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. 1 U-1 L4 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. U-15 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. W13 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 ** *THIS PAGE INTENTIONALLY LEFT BLANK * * **