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Home My WebLink About08/14/13 CC MINUTES1761 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 14, 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 (seated at 4:20 p.m.) Councilmembers Rivera, Maxwell, Smith, Sullivan, Johnson Absent: Mayor Hall, Councilmember Hanson 2. PUBLIC STATEMENTS None, 3. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956,9 (d)(1) for the following: 1. Joe R. Slaughter, et al. v. City, et al., Kern County Superior Court Case No. S- 1500 -CV- 271472 LHB. 2. Concerned Citizens of Bakersfield v. City, Kern County Superior Court Case No. S- 1500 -CV- 279933. 3. City v. County of Kern, et al., Kern County Superior Court Case No. S- 1500 -CV- 279379 DRL /Fresno County Superior Court Case No. pending. b. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to Government Code Section 54956.9 (d)(4). (one potential case). Motion by Councilmember Smith to adjourn to Closed APPROVED Session at 3:33 p.m. AB HALL, HANSON 1763 Bakersfield, California, August 14, 2013 - Page 2 RECESSED TO CLOSED SESSION ACTION AT 5:20 p.m. ACTION TAKEN 4. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (d)(1) for the following. Joe R. Slaughter, et al, v. City, et al., Kern NO REPORTABLE County Superior Court Case ACTION No, S- 1500 -CV- 271472 LHB. 2. Concerned Citizens of Bakersfield v. City, NO REPORTABLE Kern County Superior Court Case ACTION No, S- 1500 -CV- 279933. 3. City v. County of Kern, et al., Kern STAFF WAS GIVEN County Superior Court Case DIRECTION No, S- 1500 -CV- 279379 DRL /Fresno County Superior Court Case No, pending. b. Conference with Legal Counsel - Initiation of CONTINUED TO THE Litigation; Closed Session pursuant to END OF THE 5:15 P.M. Government Code Section 549569 (d)(4), (one MEETING potential case). Vice -Mayor Weir announced, at 5:21 p.m., that Closed Session will be continued after the conclusion of the 5:15 p.m. Regular Meeting. THE MEETING WAS RECONVENED AT 7:15 p.m. Adjourned to Closed Session at 7:16 p.m. Adjourned from Closed Session at 9:10 p.m. 4. CLOSED SESSION ACTION continued b. Conference with Legal Counsel - Initiation of STAFF WAS GIVEN Litigation; Closed Session pursuant to DIRECTION Government Code Section 54956.9 (d)(4). (one potential case). 1764 5. ADJOURNMENT Vice -Mayor Weir Bakersfield, California, August 14, 2013 - Page 3 ACTION TAKEN ATTEST: CITY CLERK and Ex Offici Jerk of the Council of the City of Bakersfield REGULAR MEETING -5:21 p,m. ROLL CALL Present: Mayor Hall, Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Sullivan, Johnson Absent: Councilmember Hanson 2. INVOCATION by Pastor Joshua Kirstine, Olive Drive Church. 3. PLEDGE OF ALLEGIANCE by Natalie Ruiz 7m grade student at Stonecreek Junior High School, 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Shell Pipeline Company, LP, representatives Jessica Neil, Public Awareness Representative, Alan Caldwell, Communications Manager, and Matt Wade, Health and Safety Advisor, declaring August 14, 2013, as 811 Day, Ms, Neil and Mr. Wade accepted the Proclamation and made comments. b. Presentation by Mayor Hall of a Proclamation to Ben Stinson, III, the 2013 John Brock Community Service Award winner, declaring September 5, 2013, as Ben Stinson, III, Day, Mr, Stinson accepted the Proclamation and made comments. 1765 Bakersfield, California, August 14, 2013 - Page 4 5. PUBLIC STATEMENTS ACTION TAKEN a. The following individuals spoke in support of a Human Life Ordinance; Tim Palmquist (submitted written material), and Nathan Zuniga. b. The following individuals spoke in opposition to a Human Life Ordinance; Jane Prewett, Elaine LeCain, Nancy Clover, Harriet Morris, Michelle Oja, and Monica Meza. C, Leonard McDermott, representing the Hidden Cove Homeowners Association, spoke regarding the conditions of the streets and roads on Panama Lane and South H Street, and asked about getting the streets repaved and back in order. Councilmember Johnson asked Mr. McDermott to leave his contact information with the City Clerk, and he would schedule a meeting to discuss the neighborhood's concerns. d. Robert Braley spoke regarding the economic impact of the Centennial Corridor Project and submitted written material. e. G. J. Zala, from the Best Western Hill House, spoke regarding increased foot traffic and vandalism around the Best Western Hill House and the Mill Creek area, and he requested extra Police patrol in the area and asked if the City could put fencing around the backside of their building on 17th Street to control the foot traffic. Councilmember Maxwell asked that the Police Department increase coverage in that area, and he asked staff to talk to the people at the Hill House to possibly coordinate how to mitigate their concems. 6. WORKSHOPS None. Bakersfield, California, August 14, 2013 - Page 5 7. APPOINTMENTS a. One appointment to the Kern Mosquito and Vector Control District to complete a term that expires December 31, 2013. City Clerk Gafford announced that applications were received from Chad Anthony Actis and Dr, Brandon James Hawkins. Ballots were used, and City Clerk Gafford announced the results of the ballots were three votes for Mr. Actis and three votes for Dr, Hawkins. Mayor Hall voted to break the tie and voted for Dr. Hawkins. Motion by Vice -Mayor Weir to appoint Dr. Brandon James Hawkins to the Kern Mosquito and Vector Control District board, term to expire on December 31, 2013. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the July 17, 2013, Regular City Council Meetings. Payments: b. Receive and file department payments from July 3, 2013, to August 1, 2013, in the amount of $32,989,195.12 and self- insurance payments from July 3, 2013, to August 1, 2013, In the amount of $1,741,862.38 totaling $34,731,057.50, Ordinances: C. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from Planned Unit Development to Revised Planned Unit Development on 4.65 acres located at the southwest corner of Ming Avenue and Gosford Road, A previously adopted Negative Declaration for PUD /ZC # 06 -0332 applies to this project. (ZC# 13 -0166 - McIntosh & Associates representing Castle & Cooke California, Inc., and University Park Community Association), ACTION TAKEN APPROVED AB HANSON FR I f tJ 6 1'767 Bakersfield, California, August 14, 2013 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN Resolutions: d. Resolution determining that certain Motorola radio equipment cannot be obtained through usual bidding procedures because of the need to integrate into the existing radio Infrastructure and authorizing the Finance Director to dispense with bidding therefor, not to exceed $130,000. e. 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. f. Resolution approving the destruction of certain obsolete City records, documents, Instruments, books and papers, pursuant to Section 34090 et seq. of the California Government Code. (Finance Department) g. Resolution for the Local Support of Regional Surface Transportation Program (RSTP) Projects for Federal Fiscal Years 2014 -2015 and 2015 -2016. h. Resolution for the Local Support of Congestion Mitigation and Air Quality (CMAQ) Projects for Federal Fiscal Years 2014 -2015 and 2015 -2016. Resolution adding territory, Area 1 -95 (west of the northwest corner of Rosedale Highway and Allen Road) to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector, RES 098 -13 RES 099 -13 RES 100 -13 RES 101 -13 RES 102 -13 RES 103 -13 ABS SMITH 17318 Bakersfield, California, August 14, 2013 — Page 7 8. CONSENT CALENDAR continued ACTION TAKEN J. Resolutions of Intention adding the following territories to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting Public Works Director's Report for each; 1. ROI No, 1758 adding Area 4 -116 (2512 ROI 1758 Oswell Street) 2. ROI No. 1759 adding Area 4 -117 (910 O ROI 1759 Street) Agreements: Agreement between City, State of California AGR 13 -127 Department of Public Health and the U,S, Department of Housing and Urban Development ($372,171) for Housing Opportunities for Persons with HIV /AIDS Entitlement Program (HOPWA). I. Agreement with William Avery & Associates, Inc. AGR 13 -128 (not to exceed $49,800, including expenses), for labor negotiation and consulting services, for July 1, 2013 through June 30, 2014. M. Freeway Litter Program; Memorandum of Understanding with AGR 13 -129 Kern Council of Governments ($80,000 from August 1, 2013, through June 30, 2014), to provide continuation funding for the program. 2. Appropriation of $80,000 from Other Agency Share of Project costs to the Public Works Department's operating budget within the Refuse Fund to provide funding for the program, n. Final Tract Map and Maintenance Agreement REMOVED FOR with Shaw Property, Inc., for Tract 6390 Phase 1 SEPARATE located south of Berkshire Road and east of CONSIDERATION Assert Street, o. Tract Map and Maintenance Agreement with AGR 13 -130 J & L Gardiner, LLC, for Tract 7109 located south ABS SMITH of Reina Road and west of Old Farm Road. 1769 Bakersfield, California, August 14, 2013 — Page 8 8. CONSENT CALENDAR continued ACTION TAKEN P. Final Map, Improvement and Landscape AGR 13 -131 Agreements with Meritage Homes of California, AGR 13 -132 Inc., for Tract 6557 Phase 1 located south of AGR 13 -133 Berkshire Road and west of Stine Road. q. Parcel Map, Improvement and Landscape AGR 13 -134 Agreements with WinCo Foods, LLC, for Parcel AGR 13 -135 Map 11779 located south of Panama Lane and west of Ashe Road, Amendment No. 1 to Agreement No. 12 -124 AGR 12- 124(1) with Crop Production Services ($182,000; revised not to exceed $364,000 and extend term one year), to continue the supply of chemicals and insecticides /herbicides. S. Amendment No. 3 to Agreement No. 10 -132 AGR 10- 132(3) with Jim Alfter Cement Contractor ($1,350,000; revised not to exceed $5,409,172 and extend term one year), to continue the supply of concrete construction. t. Design of Manor Street Bridge Retrofit at Kern River: 1. Amendment No. 1 to Agreement No. 12 -073 with WKE, Inc. ($206,985; revised not to exceed $266,885), for Phase 2 design services for the project. 2. Appropriate $212,472 Federal Seismic Retrofit and Bridge Rehabilitation funds to the Public Works Department's Capital Improvement budget within the SAFETEA -LU Fund. U. Mohawk Street Improvements - Rosedale Highway to Siena Lane: Utility Agreement with Paramount Petroleum Corporation, ($606,000; City to reimburse Paramount Petroleum Corporation) for the relocatlon of petroleum transmission facilities, fiber optics, gas recovery, and water injection lines. AGR 12- 073(1) AGR 13 -136 1770 Bakersfield, California, August 14, 2013 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.u. continued 2. Appropriate $606,000 Transportation Development Fund balance to the Public Works Department's Capital Improvement budget. V, Contract Change Order No. 1 to Agreement AGR 13 -093 No. 13 -093 with Bowman Asphalt, Inc, ($78,594.90; revised not to exceed $721,020.90), CCO1 for the project known as Pavement Rehabilitation 2013 Phase 3 - Dr. Martin Luther King Jr. Boulevard from Wilkins Street to East California Avenue. W. Contract Change Order Nos, 10, 11, 12, 14, 16, AGR 11 -144 17, 18, 19, 20, 21, 24 and 26 to Agreement CCO10, CCO11, No, 11 -144 with Security Paving Company, Inc. CC012, CC014, CC016, CC017, (net increase of $330,011,36; revised not to CCO18, CCO19, exceed $12,592,145,79; change orders funded CCO20, CCO21, with Roads Program Utility /Surcharge Fund and CCO24, CCO26 Traffic Development Fees), for the construction of the Westside Parkway Phase 6B Project. (TRIP) Bids: X. Accept bid and approve contract with Griffith REMOVED FOR Company, ($183,542), for the Municipal Airport SEPARATE Southwest Hangar Access Road, CONSIDERATION Y. Accept bid and approve contract with Granite AGR 13 -138 Construction Company, ($282,128.75), for the Traffic Signal and Median Modification on White Lane at South H Street Project. Z. Accept base bid and additive alternate No. 1 AGR 13 -139 and approve contract with Granite Construction Company, ($1,759,148) for Pavement Rehabilitation 2013 Phase 2 - Panama Lane from South H Street to Monitor Street, aa, Accept bid and approve contract with Security REMOVED FOR Paving Company, Inc, ($14,154,016; 100% SEPARATE federally funded), to construct the State Route CONSIDERATION 58 GAP Closure Project, (TRIP) ILI bb. Accept bid from Environmental Water Solutions, Inc. ($111,043.20), for pressure relief valves for the Public Works Department, Wastewater Division, 1771 8. Bakersfield, California, August 14, 2013 - Page 10 CONSENT CALENDAR continued ACTION TAKEN CC. Recoat Community Development Building Rooftop Parking Decks: Accept bid and approve contract with AGR 13 -141 Angelus Waterproofing & Restoration, Inc. ($205,005), for the project. 2. Appropriate and transfer $212,255 General Fund Balance to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund. Miscellaneous: dd. Appropriate $46,000 in State Grant Revenue for the Waste Tire Enforcement Grant Program to the Community Development Services Operating budget in the General Fund. ee. Appointment of Voting Delegate for the 2013 League of California Cities Annual Conference, (Staff recommends appointment of Councilmember Terry Maxwell as delegate and Councllmember Jacqule Sullivan as alternate.) ff. Grant Deed (required to process a lot line DEED 7671 adjustment requested by the property owner) ADS SMITH to revert surplus City right -of -way acquired for the McCutchen Road-alignment back to the original property owner, PB1 Ventures, LLC. Councilmember Smith announced that he would abstain, due to conflict of interest, an interest in real property nearby, on item 81; and source of income to himself, on items 8.o. and 81. Councilmember Johnson requested that Item 8.n. be removed for separate consideration. Councilmember Maxwell requested that Items 8.x. and 8.aa. be removed for separate consideration. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar items 8.a. through 8.ff., with the removal of AB HANSON items 8.n., 8.x, and 8.aa., for separate consideration. 1772 Bakersfield, California, August 14, 2013 - Page 11 8. CONSENT CALENDAR continued ACTION TAKEN n, Final Tract Map and Maintenance Agreement with Shaw Property, Inc., for Tract 6390 Phase 1 located south of Berkshire Road and east of Assert Street. Motion by Councilmember Johnson to continue APPROVED Consent Calendar Item 8.n. to the next Council AB HANSON meeting, due to some unanswered questions that need to be resolved. X. Accept bid and approve contract with Griffith AGR 13 -137 Company, ($183,542), for the Municipal Airport Southwest Hangar Access Road. Motion by Councilmember Maxwell to adopt Consent APPROVED Calendar Item 8.x. AS HANSON aa. Accept bid and approve contract with Security AGR 13 -140 Paving Company, Inc, ($14,154,016; 100% federally funded), to construct the State Route 58 GAP Closure Project. (TRIP) Motion by Councilmember Maxwell to adopt Consent APPROVED Calendar Item 8.aa. AB HANSON 9. SUCCESSOR AGENCY BUSINESS: a, Receive and file successor agency payments from July 3, 2013, to August 1, 2013, in the amount of $1,009,476.66. b. Resolution approving the Amended and RES 104 -13 Restated Reimbursement Agreement between AGR 13 -142 the City and the Successor Agency to the Bakersfield Redevelopment Agency, C. Resolution of the City Council of the City as the RES SA001 -13 governing body of the Successor Agency to AGR SA 13 -001 the Redevelopment Agency, approving the Amended and Restated Reimbursement Agreement between the City and the Successor Agency to the Bakersfield Redevelopment Agency, Motion by Vice -Mayor Weir to adopt Successor APPROVED Agency Business items 9.a. through 9.c. AB HANSON 1773 Bakersfield, California, August 14, 2013 - Page 12 10. CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN a. Public Hearing to consider Resolution approving ordering the vacation of a portion of the public utilities easement located at 8400 Rosedale Highway. (Staff recommends adoption of Resolution.) b. Public Hearing to consider Resolution adopting fees for the addition of the MITI House as a facility rental pursuant to the cost recovery program. (Staff recommends adoption of Resolution.) Consent Calendar Public Hearings opened 6:17 p,m. No one spoke. Consent Calendar Public Hearings closed at 6:17 p.m. Motion by Vice -Mayor Weir to adopt Consent Calendar Public Hearings items 10.a. and IO.b. HEARINGS a. General Plan Amendment /Zone Change No, 13 -0136; McIntosh & Associates, representing Kern Land Partners, LLC (property owner), has applied for a general plan amendment and zone change on 77 acres located at the southeast corner of Seventh Standard Road and Calloway Drive, An Appeal of the Planning Commission's decision to recommend approval was submitted by Clayton Camp, a neighboring property owner. (continued from 07117113 meeting) 1. Resolution adopting a Negative Declaration, 2. Resolution denying the appeal and approving the general plan amendment changing the land use designation from SR (Suburban Residential) and ER (Estate Residential) to LR (Low Density Residential), 3. First Reading of Ordinance denying the appeal and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from A (Agriculture) to R -1 (One Family Dwelling), RES 105 -13 RES 106 -13 APPROVED AB HANSON RES 107 -13 RES 108 -13 FR 1774 Bakersfield, California, August 14, 2013 - Page 13 11. HEARINGS continued ACTION TAKEN City Clerk Gafford announced this hearing was opened and continued from the July 17, 2013, meeting; and correspondence was received from Elaine Fleeman in opposition to the project, Community Development Director Mclsaac made staff comments, provided a PowerPoint presentation; and recommended adoption of the Resolutions, and First Reading of the Ordinance. Hearing opened at 6:24 p,m, Stuart Fleeman spoke in opposition to the staff recommendation. Clayton Camp and Roger McIntosh spoke in support of the staff recommendation. No one spoke in rebuttal, Hearing closed at 6:41 p.m. Councilmember Smith stated he would like to make sure that the City enforces the 12 -foot pathway for all development along Seventh Standard Road instead of a standard sidewalk. Councilmember Johnson indicated he would like to condition single story residences on the south side of the property, as well, but that he would defer that motion to the Councilmember who actually represents that area, if he chooses to do that. Councilmember Maxwell asked staff to start a warrant study at Etchart and Calloway in order to be able to determine when in the future a stop sign could be installed. Vice -Mayor Weir advised that since the applicant is satisfied with the deed restrictions, he would not recommend adding any other conditions to this particular project with respect to single story residences. Motion by Vice -Mayor Weir to adopt Hearing APPROVED Item l I.a., LA, and 3., as amended and AB HANSON recommended by staff. 1775 Bakersfield, California, August 14, 2013 - Page 14 12. REPORTS ACTION TAKEN None. 13. DEFERRED BUSINESS None. 14. NEW BUSINESS None. 15. COUNCIL AND MAYOR STATEMENTS Councilmember Maxwell asked staff to fix the center divider at F and 23d streets where it appears someone bumped it and put a bend in it, creating a dangerous situation. Councilmember Maxwell asked staff to provide a report in a workshop at the next Council meeting regarding the TRIP projects and the TIFIA loan, if the validation action is challenged, to explore some of the costs and what sort of a timetable would be involved with putting the matter on the June or November ballot, and let the voters make a decision as to whether to commit to $270 million as a loan and an ultimate payment of almost $600 million. Councilmember Smith asked Public Works Director Rojas to confirm that the City is going to enforce the 12 -foot sidewalk on Seventh Standard Road, and was advised in the affirmative. Councilmember Smith complimented all of City staff on the efficient government article that was in the Washington Examiner. Councilmember Smith stated he would like to see the light on Commerce Way and Truxtun Avenue change to a regular four -way light to get better access in and out of Commerce Way for the businesses and also provide pedestrian /bicycle access from the Bike Path. Public Works Director Rojas responded that the intersection is on the list of items to look at for Improvement; however, more data needs to be collected before a final decision is made, which will take several months. 1776 Bakersfield, California, August 14, 2013 — Page 15 15. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Vice -Mayor Weir asked Councilmember Maxwell if he would agree to refer the matter of the TRIP projects to the Budget and Finance Committee, which would then bring a report back to the City Council; and Councilmember Maxwell agreed to that suggestion. Mayor Hall announced that appreciable and steady progress is being made with the freeway litter pickup program with two crews of 30 individuals from the Homeless Shelter working on highways 99 and 58, and at the green waste facility, and in the near future, Westside Parkway will be included in regular pickups; advised that 2600 bags of trash have been collected in May and June; and he recognized the efforts of the retiree volunteers, the Sheriff's trustee crews, and the Kern County Probation Department, as well as local businesses wanting to sponsor the litter pickup program. 16. ADJOURNMENT Mayor Hall adjourned the meetina at 7:15 p.m. ATTEST; Y"44�_ CITY CLERK and Ex OffIcAtlerk of the Council of the City of Bakersfield 1 77 7 Bakprsfipld, California- August 14, 2013- PAGE 16 ** *THIS PAGE INTENTIONALLY LEFT BLANK * **