Loading...
HomeMy WebLinkAbout10/22/14 CC MINUTESBAKERSFIELD CITY COUNCIL MINUTES MEETING OF OCTOBER 22, 2014 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings - 3:30 p.m. and 5:15 p,m. REGULAR MEETING - 3:36 p.m. 1. ROLL CALL Present: Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Hanson, Sullivan (seated 3:39), Johnson Absent: Mayor Hall 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. 4. CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code section 54957.6. b. Conference with Legal Counsel - Potential Litigation for the following: 1. Closed session pursuant to Government Code section 54956.9(d)(2),(e)(2) (one matter) re: 20 year encroachment permit for development at Brundage Square. 2. Closed session pursuant to Government Code section 54956.9(d)(2),(e)(1) (two matters). ACTION TAKEN 21J2 5. CLOSED 5. r•11 Bakersfield, California, October 22, 2014 - Page 2 ACTION TAKEN Motion by Councilmember Hanson to adjourn to APPROVED Closed Session at 3:31 P•m• AB HALL Motion by Councilmember Maxwell to adjourn from APPROVED Closed Session at 5 :14 p.m. AB HALL Meeting reconvened at 5:23 p.m. CLOSED SESSION ACTION a. Conference with Labor Negotiator pursuant to STAFF WAS GIVEN Government Code section 54957.6. DIRECTION b. Conference with Legal Counsel - Potential Litigation for the following: 1. Closed session pursuant to Government NO REPORTABLE Code section 54956.9(d)(2),(e)(2) ACTION (one matter) re: 20 year encroachment permit for development at Brundage Square. 2. Closed session pursuant to Government ONE MATTER WAS NOT Code section 54956.9(d)(2),(e)(1) (two HEARD; SECOND MATTER matters). STAFF WAS GIVEN DIRECTION ADJOURNMENT Vice -Mayor Weir adjourned the meeting at 5:23 p.m. MAYOR of the CltiWBakersfield, CA ATTEST; CITY CLERK and Ex Offibb Clerk of the Council of the City of Bakersfield Bakersfield, California, October 22, 2014 - Page 3 REGULAR MEETING -5;15 p.m, 1. ROLL CALL Present; Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Hanson, Sullivan, Johnson Absent; Mayor Hall City Clerk Gafford announced that at the request of staff, Consent Calendar item 8m has been pulled from the agenda and will be heard at the November 5th meeting. In addition, Consent Calendar items 8.ad,3, and 8,bk, have been pulled from the agenda to be deferred to a future date. Also, Consent Calendar Public Hearings item 9b has been pulled from the agenda and will be heard at the November 19th meeting. 2. 3. 4. 5. INVOCATION by Vice -Mayor Weir PLEDGE OF ALLEGIANCE by Isabella Rudnick, 3rd Grade Student, Sing Lum Elementary School. PRESENTATIONS None. PUBLIC STATEMENTS a. Jason Cater, Executive Director for Bike Bakersfield, expressed appreciation to the city for the continued investment in the bicycle infrastructure and programs. b. Curtis J. Bingham, Jr„ spoke in support of the city and law enforcement, and supported the hiring of more police to keep our city safe. C. Linda Jost requested lower speed limits in Bakersfield and a speed bump installed between Manchester Park and Crystal Cove. Councilmember Smith requested staff look at the speed limits and determine what the the City can do within State guidelines, staff to provide Ms. Jost direction for implementing the requested speed bump. ACTION TAKEN f) 1 r:t'.: -, Bakersfield, California, October 22, 2014 - Page 4 5. PUBLIC STATEMENTS continued d. Richard Jennings spoke in protest of a height violation notice he received for his residential wall on El Rio. Councilmember Hanson referred Mr. Jennings' matter to the Planning and Development Committee to look at the situation and ensure consistency with the enforcement. e. Randa Hunter spoke regarding Code Enforcement Division's involvement In the report of an estate sale on Spruce Street, October 17 and 18, and questioned whether an estate sale matter required sending officers out on the weekend. Jeanette Richardson, former Director of the Centennial Foundation Celebration, spoke in support of replacing the bricks and maintaining the Centennial Plaza, g. Tanner Thompson spoke regarding the Golden Empire Transit District; feels the Board is not listening to his comments; and, worries about the future of our wonderful city. Councilmember Johnson recommended the Councilmembers provide their perspective to the new GET Board members regarding a new $50 million facility. Vice -Mayor Weir acknowledged the attendance of BC Political Science Class to learn about City government, 6. WORKSHOPS a. International Association of Chiefs of Police (IACP) Study Implementation Plan Transfer and Appropriate $932,262 Board of State and Community Corrections (BSCC) Trust Funds to the Police Department operating budget within the General Fund for additional personnel and related equipment associated with the IACP Implementation Plan, as presented. ACTION TAKEN Bakersfield, California, October 22, 2014 — Page 5 6. WORKSHOPS (continued) ACTION TAKEN 2. Transfer and Appropriate $153,250 Board of State and Community Corrections (BSCC) Trust Funds to the Public Works operating budget within the Equipment Management Fund for additional vehicles and related equipment associated with the IACP Implementation Plan, as presented. 3. Transfer and Appropriate $153,250 from the Non - Departmental Budget within the General Fund to the Public Works operating budget within the Equipment Management Fund for additional vehicles and related equipment associated with the IACP Implementation Plan, as presented. 4. Transfer and Appropriate $20,000 from the Non - Departmental Budget within the General Fund to the Public Works Capital Improvement budget within the Capital Outlay Fund to fund the Crime Analyst Office Space expansion Assistant to the City Manager Huot gave a PowerPoint presentation regarding the Implementation Plan for the International Associations of Chiefs of Police Study, and outlined the recommendations of the Plan. Motion by Councilmember Hanson to approve APROVED the transfers and appropriations associated with AB HALL the Implementation Plan. 7. APPOINTMENTS None. S. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 24, 2014, Regular City Council Meetings. [1 Bakersfield, California, October 22, 2014 — Page 6 CONSENT CALENDAR continued ACTION TAKEN Payments: b. Receive and file department payments from September 12, 2014 to October 9, 2014 in the amount of $32,912,810.38 Self Insurance payments from September 12, 2014 to October 9, 2014 in the amount of $715,896.27 totaling $33,628,706.65 Ordinances: C. First Reading of the following Ordinances amending various sections of the Municipal Code: 1. Amending Section 5.32.160, Subsection FR Y, relating to regulations for Massage /Bodywork Establishments. 2. Amending Sections 8.27.010, 8.80, 010, FR 10.64.020, and 10.64.030 relating to Abatements, Property Maintenance, and Abandoned Vehicles. 3. Amending Section 8.35.020 relating to FR Illicit Discharges into Stormwater System. 4. Amending Section 9.16.101 relating to FR Prohibited Drinking on Streets. 5. Amending Section 10.69.030 relating to REMOVED FOR SEPARATE Permit Applications for Special Events. CONSIDERATION 6. Amending Section 12.56.055 relating to FR Expulsion from City Facilities. 7. Amending Section 15.68.030 relating to Permit to Locate Mobile Home Parks. FR P Bakersfield, California, October 22, 2014 — Page 7 CONSENT CALENDAR continued ACTION TAKEN d. First reading of ordinance amending the Official FR Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -2 (Limited Multiple Family Dwelling) to OS (Open Space) on 8.1 acres located at San Lauren Park on the southwest corner of Mohawk Street and Krebs Road. The project is exempt from CEQA. (ZC # 14 -0229 - North of the River Recreation and Park District) Resolutions: e. Resolution Identifying Vendors, Healthcare RES 176 -14 Plans and Setting Rates for Citywide Health Insurance Plans for Eligible Active and Retired Employees. Resolution adopting an amended Conflict of RES 177 -14 Interest Code for City of Bakersfield Departments. g. Resolution affirming support for Proposition 13 - REMOVED FOR SEPARATE The People's Initiative to Limit Property CONSIDERATION Taxation. h. Resolution affirming support for the Local Oil REMOVED FOR SEPARATE and Gas Industry. CONSIDERATION Resolution authorizing the sale ($1,500) of RES 180 -14 surplus Chevrolet Lumina sedan to Bakersfield Homeless Center. Resolution authorizing the sale ($15) of surplus RES 181 -14 drop off recycling containers to Bakersfield A -R -C (BARC) c 8. Bakersfield, California, October 22, 2014 — Page 8 CONSENT CALENDAR continued k. Disposal of Real Property: 1. Resolution declaring real property located at 6330 Coffee Road surplus to the needs of the City. 2. Agreement with Geoff Gray and Priscilla Gray to purchase said property for $63,000.00 Resolution determining that certain Pierce Manufacturing fire truck parts cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore and purchase Pierce Manufacturing fire truck parts through South Coast Fire Equipment, not to exceed $80,000. M. Resolution declaring its Intention to establish the City Police and Fire Services Community Facilities District No. 2014 -1 (Old River Ranch); to levy a special tax therein to finance additional police and fire services required by new development within the community facilities district. n. Resolution to extend the terms of existing California Water Service Company franchise agreement for the use, transmission, and distribution of water within the City for a period of seven months (to June 30, 2015) under the existing terms and conditions. o. Resolution approving a Labor Compliance Program for the Urban Bakersfield Water Use Efficiency Project (Proposition 84 Grant Funds). ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION RES 183 -14 REMOVED FROM THE AGENDA RES 184 -14 RES 185 -14 Bakersfield, California, October 22, 2014 — Page 9 8. CONSENT CALENDAR continued ACTION TAKEN P. Resolutions adding the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: 1. Area 5 -72 (north west corner of E. Belle RES 186 -14 Terrace & South Mt.Vernon Avenue) 2. Area 4 -128 (27 Clyde Street) RES 187 -14 3. Area 1 -105 (north east corner of Jewetta RES 188 -14 Avenue & Brimhall Road) q. Resolutions of Intention (ROI) 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. 1816 adding Area 1 -106 (2827 ROI 1816 Mosasco Street) 2. ROI No. 1817 adding Area 4 -129 (north ROl 1817 west corner of O Street & 17th Street) 3. ROI No. 1818 adding Area 5 -73 R01 1818 (2540 Wible Road) 4. ROI No. 1819 adding Area 1 -107 ROl 1819 (33702 Noriega Road) 5. ROI No. 1820 adding Area 4 -130 ROl 1820 (815 34th Street) Agreements: r. City Physician Services Agreements: 1. Agreement with Central Valley AGR 14 -229 Occupational Medical Group, Inc., (not to exceed $100,000 annually). 2. Agreement with Vernon C. Sorenson, AGR 14 -230 M.D. DBA Memorial Occupational Medicine (not to exceed $100,000 annually). 1140 e A c: 3i ' Bakersfield, California, October 22, 2014 — Page 10 8. CONSENT CALENDAR continued ACTION TAKEN S. Agreement with Lennar Fresno, Inc. ($90,000), to purchase real property located at the southeast end of Surfside Street for a domestic water well site. t. Agreement with BMC Stein, LLC ($120,000), to purchase real property located north of Berkshire Road and west of Stine Road for a domestic water well site. U. Purchase real property located in Tract 6916 at Alondra Drive and Becklow Street for a future park site: 1. Agreement with Lennar Homes of California, Inc. ($57,600), for the purchase of said property. 2. Appropriate $57,600 Park Improvement Fund balance to the Recreation and Parks Department's Capital Improvement Budget. V. Agreement with Tempest Interactive Media, LLC, (not to $45,000) for the design and development of the Bakersfield Convention and Visitors Bureau website and database system. W. License and Naming Rights Agreement with Rabobank N.A. for Rabobank Arena, Theater and Convention Center. X. Approve Collectible Work Authorization for Southern California Gas Company for all costs associated with gas line relocations due to the installation of a 16 -inch diameter domestic water line along Rosedale Highway from Wedding Lane to Mohawk Street (not to exceed $166,303) AGR 14 -231 DEED 8047 AGR 14 -232 DEED 8048 AGR 14 -233 DEED 8049 AGR 14 -234 AGR 14 -235 AGR 14 -236 8. Bakersfield, California, October 22, 2014 — Page 11 CONSENT CALENDAR continued ACTION TAKEN Y. Transportation Impact Fee Credit Agreements with S & S Homes of the Central Coast for construction of improvements on: Kern Canyon Road along the frontage of AGR 14 -237 Tentative Tract Map 6642 (not to exceed $39,678.43). 2. Panama Lane along the frontage of AGR 14 -238 Tentative Tract Map 6678 (not to exceed $45,813). Z. Final Map and Improvement Agreement with AGR 14 -239 Lennar Fresno Inc., a California Corporation, for Tract 6758, Unit 2, located north of Taft Highway and west of Mountain Ridge Drive aa. Final Map and Improvement Agreement with AGR 14 -240 Summit Capital Ventures, Inc., for Tract 6853 Phase 1, located east of Calloway Drive and north of Langley Road. ab. Amendment No. 2 to Agreement No. 12 -151 AGR 12- 151(2) with Toter LLC, (no change to compensation, extends term for one year), to continue the supply of refuse, recycling, and green waste carts. ac. Amendment No. 2 to Agreement No. 13 -045 AGR 13- 045(2) with Ashland, Inc. for assignment of agreement to Solenis, L.L.C. 142' ^311' L. i J [1 Bakersfield, California, October 22, 2014 — Page 12 CONSENT CALENDAR continued ad. Beltway Operational Improvements Project (TRIP): Amendment No. 1 to Agreement No. 13 -159 with Union Pacific Railroad Company (UPRR), San Joaquin Valley Railroad Company (SJVR), and the State of California Department of Transportation (CALTRANS) for the construction of Beltway Operational Improvements Project. ($206,500.00 *; 80% federally and 20% locally funded). *This is an estimate only. Railroads shall bill on an actual cost basis. 2. Accept bid and award contract to Security Paving Company, Inc. ($81,879,526.20; 80% federally and 20% locally funded) to construct the Project. 3. Consultant Agreement with NV 5 (not to exceed $9,424,589.31; 80% federally and 20% locally funded) for construction management services. 4. Appropriate $8,900,000 of local road fund balances (Gas tax $3,500,000; Utility Surcharge $1,100,000; Transportation Development Funds $2,800,000; Local / County Road funds $1,500,000) to the Capital improvement budgets of the respective funds to pre -fund 100% of local match requirements for the project. ae. Contract Change Order No. 111 to Agreement No. 07 -304 with Security Paving Company, Inc. (net decrease of $658,067.03; revised not to exceed $32,793,452.81) for the construction of the SR -178 Fairfax Road Interchange Project. (TRIP) ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION REMOVED FROM THE AGENDA AGR 07 -304 CCO 111 Bakersfield, California, October 22, 2014 — Page 13 8. CONSENT CALENDAR continued ACTION TAKEN af. Contract Change Order No. 1 to Agreement AGR 14 -113 No. 14 -113 with Granite Construction, Inc. CCO 1 ($291,446.97; revised not to exceed $1,950,361.06) for the project known as Pavement Rehabilitation 2013 -2014 Truxtun Avenue - Chester Avenue to "T" Street. Property Acquisition Agreements - TRIP: ag. Agreement with Brenda Thompson ($133,500) AGR 14 -242 to purchase real property located at DEED 8050 101 Morrison Street for the Centennial Corridor Project. ah. Agreement with Cathy Jestice also known as AGR 14 -243 Cathy White ($129,000) to purchase real DEED 8051 property located at 125 Dunlap Street for the Centennial Corridor Project. ai. Agreement with Lisa A. Turner, Successor AGR 14 -244 Trustee of the Velma J.Turner Trust dated April DEED 8052 19, 2007 ($135,000) to purchase real property located at 136 Candy Street for the Centennial Corridor Project. aj. Agreement with Gregory and Pamela Hogan AGR 14 -245 ($241,000) to purchase real property located at DEED 8053 4416 La Mirada Drive for the Centennial Corridor Project. ak. Agreement with Debra K. McTaggart and AGR 14 -246 Cleta R. Bird ($252,000) to purchase real DEED 8054 property located at 4401 La Mirada Drive for the Centennial Corridor Project. al. Agreement with Kenneth and Ruth Jones AGR 14 -247 ($283,000) to purchase real property located at DEED 8055 4225 La Mirada Drive for the Centennial Corridor Project. am. Agreement with Leticia Villegas and Bernardo AGR 14 -248 Ramirez ($139,000) to purchase real property DEED 8056 located at 100 Dunlap Street for the Centennial Corridor Project. ^145 A Bakersfield, California, October 22, 2014 — Page 14 CONSENT CALENDAR continued ACTION TAKEN an. Agreement with Curtis and Crystal James AGR 14 -249 ($93,000) to purchase real property located at DEED 8057 117 Morrison Street for the Centennial Corridor Project. ao. Agreement with Erin K. Parker and Laura E. AGR 14 -250 Parker ($266,000) to purchase real property DEED 8058 located at 3618 Elcia Drive for the Centennial Corridor Project. ap. Agreement with Doris Fleming ($215,000) to AGR 14 -251 purchase real property located at 4305 Marella DEED 8059 Way for the Centennial Corridor Project. aq. Agreement with Dorothy Vaughn, Surviving AGR 14 -252 Trustee of the James and Dorothy Vaughn DEED 8060 Family Trust ($247,000) to purchase real property located at 4306 La Mirada Drive for the Centennial Corridor Project. ar. Agreement with Dennis Cutler, Melodee Cutler AGR 14 -253 and Don Ray Cutler ($256,000) to purchase real property located at 4301 La Mirada Drive DEED 8061 for the Centennial Corridor Project. as. Agreement with Mary Louise Wiley ($140,000) AGR 14 -254 to purchase real property located at 22 Morrison DEED 8062 Street for the Centennial Corridor Project. at. Agreement with Ryan and Carrie Zaninovich AGR 14 -255 ($118,000) to purchase real property located at DEED 8063 26 Morrison Street for the Centennial Corridor Project au. Agreement with Frank and Mary Pat Miller AGR 14 -256 ($235,000) to purchase real property located at DEED 8064 4305 Kentfield Drive for the Centennial Corridor Project. ay. Agreement with Joan Kerr ($295,000) to AGR 14 -257 purchase real property located at 4400 Marella DEED 8065 Way for the Centennial Corridor Project. Bakersfield, California, October 22, 2014 — Page 15 8. CONSENT CALENDAR continued ACTION TAKEN aw. Agreement with Pamela Kay Roberts, Trustee AGR 14 -258 of the Pamela Kay Roberts Trust of 2013 DEED 8066 ($131,500) to purchase real property located at 113 Dunlap Street for the Centennial Corridor Project. ax. Agreement with Peter G. Bersentes and Maria AGR 14 -259 Chrys, Trustees of the Peter G. Bersentes DEED 8067 Survivor's Trust dated 1/11/1994 ($248,000) to purchase real property located at 4229 La Mirada for the Centennial Corridor Project. ay. Agreement with Bobby R. Hendrix ($241,000) to AGR 14 -260 purchase real property located at 4300 DEED 8068 Hillsborough Drive for the Centennial Corridor Project. az. Agreement with Felipe Soltero and Andriana A. AGR 14 -261 Gomez De Soltero ($240,000) to purchase real DEED 8069 property located at 604 Montclair Street for the Centennial Corridor Project. ba. Agreement with Maxine Thompson, Trustee of AGR 14 -262 the Thompson Family Bypass Trust ($130,000) DEED 8070 to purchase real property located at 201 Williamson Way for the Centennial Corridor Project. bb. Agreement with Tom Hocking and Clark Hurst, AGR 14 -263 Co- Trustees of the Highlife Investment Trust; DEED 8071 Lynn Kirkorian, Trustee of the Kirkorian EASEMENT DEED 8072 Family Trust; and Marc Hutson to purchase real property identified as APNs 387 - 020 -27, 29, 30, 31 for $47,000 for the State Route 178 Widening Project. bc. Agreement with Shanti Developers, LLC to AGR 14 -264 purchase real property identified as DEED 8073 APN 387 - 020 -52 for $56,844 for the State Route 178 Widening Project. bd. Agreement with Martin and Patricia Croad to AGR 14 -265 purchase real property identified as DEED 8074 APN 387 - 020 -14 for $191,000 for the State Route 178 Widening Project. n14 6 n- 1�'7 8. Bakersfield, California, October 22, 2014 — Page 16 CONSENT CALENDAR continued ACTION TAKEN be. Agreement with Charles and Carol Patrick, AGR 14 -266 Trustees of the Patrick Family 2001 Inter Vivos DEED 8075 Trust to purchase real property identified as DEED 8078 APNs 387 - 150 -18 & 22 for $61,000 for the Street for the 24th Street Widening Project. State Route 178 Widening Project. bh. bf. Agreement with Rio Bravo Vista I & II, LLC to AGR 14 -267 AGR 14 -268 purchase real property at 10615 and 10701 DEED 8076 Highway 178 for $280,287 for the State DEED 8077 Route 178 Widening Project. bg. Agreement with Amy L. Zachary ($217,000) to AGR 14 -269 purchase real property located at 2401 Bay DEED 8078 Street for the 24th Street Widening Project. bh. Agreement with Timothy James Bachman AGR 14 -270 ($336,000) to purchase real property located at DEED 8079 2330 Elm Street for the 24th Street Widening Project. bi. Agreement with Robert and Monica Lizarraga AGR 14 -271 DEED 8080 ($252,000) to purchase real property located at 2401 Alder Street for the 24th Street Widening Project. Bids: bj. Extend Bid from Kovatch Mobile Equipment, Ontario ($1,080,994.26) for two (2) replacement Fire engines for the Fire Department. bk. Accept bid from Insight Public Sector, Inc. REMOVED FROM THE ($224,624.52), for replacement Juniper® AGENDA switches. bl. Sale of Surplus Colt AR 15 rifles: Award bid for purchase of ten (10) Colt LE6933 rifles and sights to LC Action Police Supply, San Jose, California ($13,178.64). Bakersfield, California, October 22, 2014 — Page 17 8. CONSENT CALENDAR continued ACTION TAKEN 2. Appropriate $13,065 revenue from the sale of surplus rifles (fifteen(15) Colt AR15 A2 rifles and thirteen (13) Colt AR15 A3 rifles) to the Police Department operating budget within the General Fund. bm. Accept bid and approve contract with Equarius Waterworks (not to exceed $716,229.29) for the annual contract to supply water meters. Miscellaneous: bn. Appropriate $161,177.00 Federal Grant Revenues (2014 JAG /Byrne Local Grant from the Bureau of Justice Assistance) to the General Fund Police Operating Budget, to purchase equipment and provide training. bo. Appropriate $96,322 Federal Grant Revenues to the General Fund Police Operating Budget, to fund the Bicycle / Pedestrian Safety and Education Program. bp. Encroachment permit for parking spaces within adopted City of Bakersfield road right of way for a Retail Center at 2125 -2333 Brundage Lane, southeast corner of Brundage Lane & Hughes Lane. bq. Harris Road Bike Lane Improvements: Appropriate $104,710 of grant funds from the Remove II Program administered by the San Joaquin Valley Air Pollution Control District to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund for installation of signing and marking for bike lanes along Harris Road from Wible Road to Gosford Road and along Harris Road from Gosford Road to Buena Vista Road. Bakersfield, California, October 22, 2014 - Page 18 CONSENT CALENDAR continued ACTION TAKEN 2. Appropriate $22,290 Capital Outlay Fund balance to the Public Works Department's Capital Improvement budget for said project. Successor Agency Business: br. Receive and file Successor Agency payments from September 12, 2014 to October 9, 2014 in the amount of $721,490.12 City Clerk Gafford announced a staff memorandum has been received requesting item 8.m. be removed from the agenda and deferred until November 5th. Staff memorandums have been received requesting items 8.ad.3 and 8.bk, be removed from the agenda and deferred to a future date. In addition, staff memorandums have been received regarding items 8o and 8w transmitting corrections and exhibits to the documents. Motion by Councilmember Hanson to adopt Consent APPROVED Calendar items 8.a. through 8.br, with the removal AB HALL of item 8.m., 8.ad.3., and 8.bk. with separate consideration of items 8.c.5, 8.g., 8.h., 8.k., and 8.ad. C. First Reading of the following Ordinances amending various sections of the Municipal Code: 5. Amending Section 10.69.030 relating to FR Permit Applications for Special Events. Motion by Councilmember Smith to change the APPROVED 45 day permit period to 30 days. NS WEIR, MAXWELL, SULLIVAN AB HALL g. Resolution affirming support for Proposition 13 - RES 178 -14 The People's Initiative to Limit Property Taxation. Motion by Councilmember Johnson to adopt the APPROVED resolution. AB HALL Bakersfield, California, October 22, 2014 — Page 19 8. CONSENT CALENDAR continued h k. ad Resolution affirming support for the Local Oil and Gas Industry. Councilmember Johnson recused himself from this item to avoid the perception of a conflict. Nick Ortiz, representing Western States Petroleum Association and Tracey Leach, Kern Citizens for Energy, representing companies that account for the bulk of petroleum exploration and production were present. Councilmember Maxwell requested staff talk with Mr. Ortiz and Ms. Leach. He requested this resolution be sent to everyone important, the Governor of California and the League of California Cities; and urge the League to conduct at their next large event a session to discuss the importance of oil and understand tracking. Motion by Councilmember Maxwell to approve the Resolution. Disposal of Real Property: 1. Resolution declaring real property located at 6330 Coffee Road surplus to the needs of the City. 2. Agreement with Geoff Gray and Priscilla Gray to purchase said property for $63,000.00 Motion by Councilmember Maxwell to approve the Resolution and Agreement. Beltway Operational Improvements Project (TRIP): Amendment No. 1 to Agreement No. 13 -159 with Union Pacific Railroad Company (UPRR), San Joaquin Valley Railroad Company (SJVR), and the State of California Department of Transportation (CALTRANS) for the construction of Beltway Operational ACTION TAKEN RES 179 -14 APPROVED ABS JOHNSON AB HALL RES 182 -14 AGR 14 -228 DEED 8046 APPROVED AB HALL AGR 13- 159(1) 5 1. 8. Bakersfield, California, October 22, 2014 - Page 20 CONSENT CALENDAR continued ACTION TAKEN Improvements Project. ($206,500.00 *; 80% federally and 20% locally funded). *This is an estimate only. Railroads shall bill on an actual cost basis. 2. Accept bid and award contract to AGR 14 -241 Security Paving Company, Inc. ($81,879,526.20; 80% federally and 20% locally funded) to construct the Project. 3. Consultant Agreement with NV 5 (not to REMOVED FROM THE exceed $9,424,589.31; 80% federally AGENDA and 20% locally funded) for construction management services. 4. Appropriate $8,900,000 of local road fund balances (Gas tax $3,500,000; Utility Surcharge $1,100,000; Transportation Development Funds $2,800,000; Local / County Road funds $1,500,000) to the Capital improvement budgets of the respective funds to pre -fund 100% of local match requirements for the project. Councilmember Rivera requested staff be attentive to work being done on the project by sub - consultant High -light Electric. Motion by Councilmember Rivera to approve the item with the removal of number 3. In response to Councilmember Maxwell's concerns regarding the need to improve our current city roads, Assistant to the City Manager Huot recommended that with the upcoming budget process we can re- evaluate the 5 year CIP plan and potentially Include some of those conditions in that CIP process. Motion by Councilmember Maxwell to approve item FAILED 8.ad. with the removal of item number 3 and deferral NS WEIR, SMITH, HANSON, SULLIVAN, of item number 4 until the November 5th meeting. JOHNSON AB HALL IV1 n15? Bakersfield, California, October 22, 2014 — Page 21 CONSENT CALENDAR continued ACTION TAKEN Motion by Councilmember Rivera to approve this APPROVED item, with the exception of item 3 which was removed AB HALL by staff. CONSENT CALENDAR PUBLIC HEARINGS a. Resolution adopting fees pursuant to the cost RES 189 -14 recovery system. b. A public hearing ordering the vacation of the REMOVED FROM THE public utility easement as created with Tract AGENDA Map 6444, Phase 2, within Lot 94, located in The Seasons Development, bordered by Palladino Drive to the north and Panorama Drive to the south. City Clerk Gafford announced a staff memorandum has been received requesting item 9b be removed from the agenda. This hearing will be rescheduled for the November 19, 2014 Council meeting. Consent Calendar Public Hearings opened at 6:40 p,m, No one spoke. Consent Calendar Public Hearings closed at 6:41 p.m. Motion by Councilmember Hanson to adopt Consent APPROVED Calendar Public Hearings item 9.a. AB HALL 10. HEARINGS None. 11. REPORTS a. Centennial Plaza Surfaces Appropriate $270,000 Capital Outlay Fund Balance to the Public Works Capital Improvement budget within the Capital Outlay Fund for the Centennial Plaza Surface Improvements and Fountain. (Staff recommends approval of the plan, including the selection of a fountain design and approve the appropriation.) r! } Bakersfield, California, October 22, 2014 - Page 22 11. REPORTS continued ACTION TAKEN Assistant to the City Manager Huot provided a PowerPoint presentation and outlined the recommendations for improving, replacing and relocating the teal tiles and bricks, and design options for the Plaza fountain, In addition, citizens, who have had a tile removed by the City, will be encouraged to contact the City Manager's Office to have their the or brick replaced at no cost to them, Motion by Councilmember Maxwell to approve the plan and approve the full moon fountain design. Councilmember Johnson amended the motion to move forward with staff's recommendation with the addition that at the next Community Services Committee meeting that the agenda address the granite slabs that would have to be removed, only the one's with engraving, to not only replace them, but to find a new home for them within the plaza; and after that, it is to come back to Council at the next subsequent Council meeting. Councilmember Maxwell accepted Councilmember Johnson's motion as a friendly amendment. City Attorney Gennaro restated Councilmember APPROVED Maxwell's amended motion, to approve staff's AB HALL recommendations, as presented, and proceed with option number one on the round fountain; refer the issue of granite slabs to the next Community Services Committee; and staff to provide ways to replace and find new homes for the granite slabs; and, bring that recommendation back to the Council at the meeting after. 12. DEFERRED BUSINESS 13. COUNCIL AND MAYOR STATEMENTS Councilmember Maxwell requested staff provide a tally of the number of properties in the Centennial Corridor that have been purchased by the City and are being rented back to the original owners, and explain what liabilities the City may face in renting those properties back. 2 15 1 Bakersfield, California, October 22, 2014 - Page 23 13, COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Maxwell stated, regarding Ms. Hunter's public statement concerning Code Enforcement's response to a weekend yard sale, he would like the following information: are Code Enforcement Officers typically out on Saturdays; how many were out this past Saturday; how many wards were covered, where they went, how much it cost in overtime; who directed or approved the use of these Code Enforcement Officers to evaluate whether someone had to have more than 2 yard sales in a year's time; how does a Councilmember or citizen arrange for a Code Enforcement Officer to come out on a Saturday, and, is that what we should expect in the future department policy when someone suspects one of their neighbors has more than 2 yard sales in a year, whether it rises to the level of sending out officers. Councilmember Maxwell requested to know if there were any drafts sent to the City prior to the July draff, particularly another draft which may reveal the City needs more officers. Councilmember Maxwell announced he attended the DBA's quarterly meeting and learned that the landscape design of 24th Street is 35% complete; there are plans to meet with the community to participate in the landscape design selection process; and the city is 15% along with the Hageman Flyover project. Councilmember Maxwell requested staff find out who owns the boarded up property at the corner of 241h and Spruce, and requested that H be cleaned up. Councilmember Maxwell requested the Legislative and Litigation Committee discuss the possibility of generating a new fee on new construction projects to aid in funding more Police Officers. Councilmember Maxwell thanked staff and Councilmember Johnson for donating their time to serve dinner at a Chamber of Commerce Fundraiser at his restaurant. e1 1 r t: 1 J Bakersfield, California, October 22, 2014 - Page 24 13. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Johnson reminded the public of the Hosking Road Interchange groundbreaking on Friday at 11:00 a.m. Councilmember Hanson congratulated staff on their efforts to keep the city clean and graffiti -free; and encouraged staff to find opportunities to penalize the perpetrators of graffiti in our community. Councilmember Hanson requested staff look at the timing of the signals at the intersection of 21 st and F streets. Councilmember Hanson requested staff research whether more street lights are needed on Scarlett Oak, south of Ming Avenue as it is very dark on that street and there is a concern of vandalism and break -ins. Councilmember Hanson stated he had code enforcement issues on weekends in prior years, and that may explain why some of the Code Enforcement Officers respond on Saturdays. Councilmember Hanson indicated 33,000 red light infractions and the speeding is at 12,000. This carelessness is becoming an epidemic. Councilmember Hanson repeated his support for Mr. Jenkins's wall violation matter to be considered at the Planning and Development Committee. Councilmember Hanson stated he hoped Mr. Tandy and the Mayor feel better. Councilmember Smith stated his support for the Rabobank name rights continuance; the bike lanes and safety grant for OTS for education is positive; and announced development continues in Ward 4 with the Riverwalk development with Nordstroms, Bevmo and TJ Maxx. Councilmember Sullivan requested litter on the Freeway 99 on -ramp going north be picked up; and staff to address the graffiti on the street sign on the overpass at Wilson Road. n � Bakersfield, California, October 22, 2014 - Page 25 13. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Sullivan stated her enthusiasm regarding the proposal for the Centennial Plaza. Councilmember Rivera requested a list of the property owners on Martin Luther King between California and Brundage Lane to determine who owns vacant and unmaintained land. Councilmember Rivera addressed the issue of an overhead freeway sign indicating Bakersfield is 8 miles away, and then shortly after that is the "Welcome to Bakersfield" sign. Vice -Mayor Weir indicated he is excited about the funding and the AICP Implementation Plan. Vice -Mayor Weir announced to Mayor Hall to hurry back, that he is missed. 14. ADJOURNMENT Mayor Hall adjourned the meeting at 7:45 p.m. MAYOR of the C' y o Bakersfield, CA ATTEST: 1��, �& 2�_� �1.11_ CITY CLERK and Ex Off 14 Clerk of the Council of the City of Bakersfield Bakersfield, California, October 22, 2014- Page 26 * ** *THIS PAGE INTENTIONALLY LEFT BLANK * * **