The URL can be used to link to this page

Home My WebLink About11/19/14 CC MINUTES1 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 19, 2014 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings - 3:30 p,m, and 5:15 p.m, REGULAR MEETING - 3:35 p.m. 1. ROLL CALL Present: Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Hanson, Johnson Absent: Mayor Hall, Councilmember Sullivan 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. 4. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code Section 54956,9 (d)(2), (e)(1). (two matters) b. Public Employee Performance Evaluation City Attorney Closed session pursuant to Government Code section 54957(b)(1) / 54957.6. Motion by Councilmember Hanson to adjourn to Closed Session at 3:36 p.m. Motion by Councilmember Johnson to adjourn from Closed Session at 5:05 p.m. Meeting reconvened at 5:18 p.m. ACTION TAKEN APPROVED AB SULLIVAN APPROVED AB SULLIVAN . 7 2i7- Bakersfield, California, November 19, 2014 - Page 2 5. CLOSED SESSION ACTION a. Conference with Legal Counsel - Potential Litigation; Closed Sesslon pursuant to Government Code Section 54956,9 (d)(2), (e)(1), (two matters) b. Public Employee Performance Evaluation City Attorney Closed session pursuant to Government Code section 54957(b)(1) / 54957.6. 6. ADJOURNMENT Vice -Mayor Weir adjourned the meeting at 5:19 p.m. ATTEST: CITY CLERK and Ex Off ici 6 Clerk of the Council of the City of Bakersfield REGULAR MEETING -5;20 p.m. 1. ROLL CALL Present: Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Hanson, Johnson Absent: Mayor Hall, Councilmember Sullivan 2. INVOCATION by Pastor Greg Haslow, Bakersfield First Assembly, 3. PLEDGE OF ALLEGIANCE by Norman Gonzalez, 8th grade student at Emerson Middle School, Vice -Mayor Weir acknowledged the students from the Bakersfield College Political Science class in attendance at the meeting to learn about City government. ACTION TAKEN STAFF WAS GIVEN DIRECTION ITEM CONTINUED TO NEXT MEETING 217 1 Bakersfield, California, November 19, 2014 — Page 3 4. PRESENTATIONS ACTION TAKEN None. 5. PUBLIC STATEMENTS a. Curtis J. Bingham, Sr., Street Evangelist, congratulated the Councilmembers who won the election and thanked the Council for the work they do for the City. b. Bob Bell, Chairman of the Downtown Bakersfield Development Corporation, spoke regarding the formation of a new community organization called the Downtown Bakersfield Development Corporation that would help supplement and begin reinvigorating Redevelopment in the city; and thanked Councilmember Maxwell, Councilmember Sullivan, and Recreation and Parks Director Hoover for their help on lighting projects downtown; and submitted written material, C. Lila Perez, Educator and Second Vice President with Bakersfield Elementary Teacher's Association, advised that it was American Education Week, November 17th through November 21 st, and also National Education Support Professional Day on Wednesday, November 19th; and thanked Councilmember Smith for his dedication to their community and for listening to his constituents, d. Ray Scott, President of Keep California Beautiful, gave tribute to Bakersfield and its slogan "Life as it Should Be ". e. Danita Melton, requested that the City of Bakersfield recognize November as Sikh Awareness month; and submitted written material, Councilmember Johnson thanked Ms. Melton for bringing that information to the Council's attention, and advised her that this request will be forwarded to the Mayor as he issues Proclamations. c n 1 7f; .—... Bakersfield, California, November 19, 2014 - Page 4 6. WORKSHOPS ACTION TAKEN None. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 5, 2014, Regular City Council Meetings, Payments: b. Receive and file department payments from October 24, 2014 to November 5, 2014 in the amount of $7,600,122.27 Self Insurance payments from October 24, 2014 to November 5, 2014 in the amount of $87,802,58 totaling $7,687,924.85. Ordinances: C. Adoption of ordinance amending the Official ORD 4797 Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -1 (One Family Dwelling) to R -3 /PUD (Multiple Family Dwelling /Planned Unit Development) on 7,28 acres located north of Highland Knolls Drive, east of Fairfax Road, (ZC # 14 -0222 - Ken Koss, representing Ken Koss and Tony Evans) d. Adoption of ordinance amending the Official ORD 4798 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. (ZC # 14 -0229 - North of the River Recreation and Park District) Resolutions: e, Resolution approving the Memorandum of RES 198 -14 Understanding setting salaries and related benefits for the employees of the Bakersfield Police Officers Association (BPOA). 21" Bakersfield, California, November 19, 2014 — Page 5 8. CONSENT CALENDAR continued ACTION TAKEN f. Disposal of Real Property: REMOVED FOR SEPARATE 1, Resolution declaring real property CONSIDERATION located at 3120 Hosking Road surplus to the needs of the City. 2. Agreement with Ismael Arredondo and Maria De Jesus V. Arredondo to purchase said property for $45,000. g. Resolution determining that certain Caterpillar RES 200-14 Incorporated equipment parts cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore and purchase Caterpillar Incorporated equipment parts through Quinn Company, not to exceed $173,000. h. Resolution Repealing Resolution No, 122 -12 and REMOVED FOR expressing intent to comply with California SEPARATE Senate Bill No. 7 relating to Prevailing Wage Law for Locally- Funded Public Works Projects, CONSIDERATION i, Resolutions to add the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: 1, Area 5 -73 (2540 Wible Road) RES 202 -14 2. Area 1 -106 (2827 Mosasco Street) RES 203 -14 3. Area 1 -107 (33708 Noriega Road) RES 204 -14 4. Area 4 -129 (northwest corner of O Street RES 205 -14 & 17th Street) ABS SMITH 5. Area 4 -130 (815 34th Street) RES 206 -14 *7 1.1 Bakersfield, California, November 19, 2014 - Page 6 CONSENT CALENDAR continued Resolutions of Intention (ROI) to add 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. 1822 to add Area 3 -94 (southwest corner of Berkshire Road & Progress Road) 2. ROI No. 1823 to add Area 5 -74 (southwest corner of Union Avenue & Planz Road) 3. ROI No. 1824 to add Area 5 -75 (northwest corner of Hughes Lane & White Lane) Agreements: k. Agreement with Parsons Transportation Group ($17,733,606.00; Agreement funded with 88.53% Federal Earmark Funds and 11.47% Traffic Development Funds) for Advanced Preliminary Engineering Services for the Centennial Corridor Project. License agreement with Equilon Enterprises, LLC, dba Shell Oil Products US, ($1,000) for access to monitoring wells. M. License Agreement with Texaco Downstream Properties, Inc., for a pipeline to transport oil, gas, water, and other liquids. n. Agreement with Lennar Fresno, Inc., to Improve Taff Highway along the frontage of Tentative Tract 6758 (Mountain Gate II), Phase 4. o. Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract 7161 Phase 4 located east of Allen Road and north of White Lane. P. Improvement Agreement with G.C. Investments for Parcel Map 12112, Phase 1, located at the northeast corner of Stockdale Highway and Coffee Road, ACTION TAKEN ROI 1822 ROI 1823 ROI 1824 REMOVED FOR SEPARATE CONSIDERATION AGR 14 -289 AGR 14 -290 AGR 14 -291 AGR 14 -292 AGR 14 -293 8. Bakersfield, California, November 19, 2014 - Page 7 CONSENT CALENDAR continued ACTION TAKEN q. Transportation Impact Fee Agreement with Rio AGR 14 -294 Bravo Investment Group, LLC, for improvements on Morning Drive as required for Parcel Map 11894 (not to exceed $246,970.06). Amendment No. 1 to Agreement No. 13 -227 AGR 13- 227(1) with Applied LNG Technologies, ($800,000; revised not to exceed $1,600,000 and extend term one year), to continue the supply of liquefied natural gas fuel. S. Amendment No. 1 to Agreement No. 13 -228 AGR 13- 228(1) with IPC USA, ($2,750,000; revised not to exceed $5,500,000 and extend term one year), to continue the supply of bulk gasoline and diesel fuels. t. Amendment No. 1 To Agreement No. 13 -229 AGR 13- 229(1) with SC Fuels, ($1,250,000; revised not to exceed $2,500,000 and extends the term for one year), to continue the supply of partial load gasoline and diesel fuels. U. Contract Change Order Nos, 24, 25, and 27 to AGR 13 -118 Agreement No. 13 -118 with Granite CCO 24, CCO 25, Construction ($96,184.00; revised not to exceed CCO 27 $25,970,632.64; change order funded with Federal Earmark Funds {88.53 %} and Capital Outlay Utility /Roads Fund {11.47 %}) for the State Route 178 and Morning Drive Interchange Project (TRIP). Property Acquisition Agreements - TRIP: V. Agreement with Norma and Ruben Gualberto AGR 14 -295 ($257,000) to purchase real property located at DEED 8100 100 So. Garnsey Avenue for the Centennial Corridor Project. W. Agreement with Eneida and Ignacio Garcia AGR 14 -296 ($118,000) to purchase real property located at DEED 8101 205 Williamson Way for the Centennial Corridor Project. X. Agreement with Margo Mott ($158,000) to AGR 14 -297 purchase real property located at 23 North DEED 8102 Stine Road for the Centennial Corridor Project. Bakersfield, California, November 19, 2014 — Page 8 8. CONSENT CALENDAR continued ACTION TAKEN Y. Agreement with Spencer Orr ($232,000) to purchase real property located at 4216 Hillsborough Drive for the Centennial Corridor Project. Z. Agreement with Maria Borja ($250,000) to purchase real property located at 705 Montclair Street for the Centennial Corridor Project. aa. Agreement with Tamara Christensen In Trust for Kelley Sullivan, Timothy Sullivan, and Tamara Christensen ($238,000) to purchase real property located at 4307 Hillsborough Drive for the Centennial Corridor Project, ab. Agreement with Kathrine Crowley ($250,000) to purchase real property located at 2330 B Street for the 24th Street Widening Project. Bids: ac. Accept bid from Winner Chevrolet, Elk Grove, California, ($105,662.50) for four (4) replacements and one (1) additional full size 1/2 ton pickup for use by the Water Resources and Recreation and Parks Departments and Public Works Construction Division. ad. Accept base bid and award contract with Brown and Fowler Construction, Inc. ($624,620.00) for Silver Creek Park and Yokuts Park Playground Rehabilitation projects (Ward 6 and 2, respectively). ae. Accept bid and approve contract with A -C Electric Company ($438,740.00) for the Traffic Signal, Lighting, and Synchronization System at Buena Vista Road and Harris Road /Pensinger Road and on Buena Vista Road; Panama Lane to White Lane project, af. Accept bid and approve contract with Bowman Asphalt Inc, ($691,205.00) for the Shoulder Widening at Various Locations; Cottonwood Road, Morning Drive and Old River Road project. AGR 14 -298 DEED 8103 AGT 14 -299 DEED 8104 AGR 14 -300 DEED 8105 AGR 14 -301 DEED 8106 AGR 14 -302 AGR 14 -303 AGR 14 -304 ^lA0 Bakersfield, California, November 19, 2014 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN ag. Accept Base Bid and approve contract with REMOVED FROM THE CTG Construction, Inc, ($42,000), in HUD funds AGENDA for interior painting at Fire Station # 1, ah. Accept bid and approve contract with Vulcan AGR 14 -305 Materials Company (not to exceed $914,010) for the supply of HUD funded street materials. Miscellaneous: al. Appropriate $30,000 in improvement plan check revenue to the Public Works Department's Operating Budget in the Development Services Fund for plan check services from Cornerstone Engineering, Incorporated, aj. Cul -de -sac Construction at Beech Street, REMOVED FOR SEPARATE Successor Agency Business: CONSIDERATION ak, Receive and file Successor Agency payments from October 24, 2014 to November 5, 2014 in the amount of $39.07. Assistant City Clerk Drimakis announced that a staff memorandum was received requesting to remove Consent Calendar item 8.ag, from the Agenda and be deferred to a future meeting; and a staff memorandum was received regarding Item 8.f., transmitting a map that depicts the portion of the property that is being sold; and a staff memorandum was received regarding item 8.n„ transmitting additional exhibits to the agreement. Councilmember Johnson announced that he would abstain due to conflict of interest, perception of a conflict, on item 8.h. Councilmember Smith announced that he would abstain due to conflict of interest, he has an interest in the real property, on items 8.1.4. Councilmember Maxwell requested that Items 81, 8.h., 8.k., 8.aj. be removed for separate consideration. Motion by Councilmember Hanson to adopt Consent APPROVED Calendar items 8.a. through 8.ak., with the removal of AB HALL, SULLIVAN items 8.f., 8.h., 8. k., and 8.aj. for separate consideration, and the removal of item 8.ag, from the Agenda. [] Bakersfield, California, November 19, 2014 —Page 10 CONSENT CALENDAR continued Disposal of Real Property; Resolution declaring real property located at 3120 Hosking Road surplus to the needs of the City. 2. Agreement with Ismael Arredondo and Maria De Jesus V. Arredondo to purchase said property for $45,000. Councilmember Maxwell expressed his concern over the loss of value in the homes the City purchases for projects that do not move forward and the need to maintain those properties. Motion by Councilmember Maxwell to adopt Consent Calendar item 81 h. Resolution Repealing Resolution No. 122 -12 and expressing intent to comply with California Senate Bill No. 7 relating to Prevailing Wage Law for Locally- Funded Public Works Projects. In response to a question from Councilmember Maxwell, City Attorney Gennaro advised that the benefit of being a charter city is that you can control your own destiny when it comes to municipal affairs such as land use, public bidding and municipal elections, and that there is a distinct advantage to being a charter city despite this particular setback. Councilmember Maxwell stated he could not vote yes on something that, by principle, he is completely against, and asked that a colleague make the motion on this item. Motion by Councilmember Hanson to adopt Consent Calendar item 8.h. k. Agreement with Parsons Transportation Group ($17,733,606.00; Agreement funded with 88.53% Federal Earmark Funds and 11,47% Traffic Development Funds) for Advanced Preliminary Engineering Services for the Centennial Corridor Project, ACTION TAKEN RES 199 -14 AGR 14 -287 DEED 8099 APPROVED AB HALL, SULLIVAN AGR 201 -14 APPROVED NS MAXWELL ABS JOHNSON AB HALL, SULLIVAN AGR 14 -288 e,�� Bakersfield, California, November 19, 2014 - Page 11 8. CONSENT CALENDAR continued ACTION TAKEN ITEM 8A. continued City Attorney Gennaro advised that the validation action regarding the Centennial Corridor project was heard, and Judge Lampe will have up to 90 days in which to issue his decision. Councilmember Maxwell expressed his concern to the Council on moving forward with this item and spending $17 million before Judge Lampe issues his decision. Motion by Councilmember Maxwell to continue FAILED Consent Calendar item 8.k. to a future meeting in NS RIVERA, WEIR, order to have a clearer idea of what Judge Lampe's SMITH, HANSON, decision will be. JOHNSON AB HALL, SULLIVAN Councilmember Hanson stated he feels it would be an unmitigated disaster to have this project halted at this point and believes the Judge will realize that in reviewing all the facts. Councilmember Smith commented that a lot of commitments have been made and the community is behind the project; and stated he is in favor of moving forward with this project. Councilmember Maxwell asked City Attorney Gennaro if the fact that the City has spent so much money on this particular project is going to influence the decision of Judge Lampe. City Attorney Gennaro responded no, Motion by Councilmember Hanson to adopt Consent Calendar item 8.k. APPROVED NS MAXWELL aj, Cul -de -sac Construction at Beech Street. AB HALL, SULLIVAN Councilmember Maxwell spoke regarding the history behind the cul -de- sacking decisions for the 241h Street area, and stated that he feels the whole process has destroyed some great relationships in the neighborhood. Councilmember Maxwell requested that Public Works Director Fidler assign staff to check the traffic signal lights, on 24th Street and 231d Streets on a weekly basis to ensure they are working properly. Bakersfield, California, November 19, 2014 - Page 12 8. CONSENT CALENDAR continued ACTION TAKEN ITEM 8.j. continued Motion by Councilmember Maxwell to adopt Consent APPROVED Calendar item 8.aj. AS HALL, SULLIVAN 9. CONSENT CALENDAR PUBLIC HEARINGS a, Public Hearing for the Consolidated Plan, REMOVED FROM THE Analysis of Impediments to Fair Housing Choice, AGENDA and Citizen Participation Plan, b. Public hearing to consider Resolution ordering RES 207 -14 the vacation of the public utility easement as created with Tract Map 6444, Phase 2, within Lot 94, located in The Seasons Development, bordered by Paladino Drive to the north and Panorama Drive to the south, C. Public Hearing to consider Resolution ordering RES 208 -14 the vacation of a portion of Morning Drive at the Southeast corner of Morning Drive and Highway 178. Consent Calendar Public Hearings opened at 6:12 p.m. Dennis Fox requested that Consent Calendar Public Hearings item 9,c, be pulled for discussion. Consent Calendar Public Hearings closed at 6:13 p,m. Motion by Councilmember Hanson to adopt Consent APPROVED Calendar Public Hearings item 9.b. AS HALL, SULLIVAN Dennis Fox spoke in support of Consent Calendar Hearing item 9,c. but asked that the City Council consider the congestion that this will bring on Morning Drive, Motion by Councilmember Hanson to adopt Consent APPROVED Calendar Public Hearings item 9.c. AS HALL, SULLIVAN 10. HEARINGS None. Bakersfield, California, November 19, 2014 - Page 13 11. REPORTS ACTION TAKEN L None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Maxwell thanked Public Works Director Fidler, in advance, for handling a situation he advised him of, involving trash being left on a street by a trash truck due to an overgrown tree at a residence. Councilmember Maxwell requested that the City Attorney provide the Council with a memorandum regarding truck routes that answers the following. How are truck routes determined, how are they posted, the legal aspects of how that is determined, and how is it assessed? Councilmember Maxwell advised the City Attorney that he will be providing her with a letter from a gentleman who had his car stolen and impounded. Councilmember Maxwell asked that the Council put together a Resolution for a Kevin Harvick Day and reach out to the Nascar racer to find out when he might be able to attend the Council meeting. Councilmember Hanson commented on the memorandum he received in response to the Scarlet Oak and Ming Avenue lighting issue that he referred to staff; and asked if there is a way to speed the project up. Public Works Director Fidler advised Councilmember Hanson that it is being looked at potentially as a mid- year project, Councilmember Hanson requested staff follow up on the issue he brought up awhile back about the possibility of getting into the spaying business, and let him know in the near future. C) i 5 Bakersfield, California, November 19, 2014 - Page 14 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Hanson commented that he knows if Mayor Hall was able to, he would be present at tonight's meeting, and that he hopes he is feeling okay. Councilmember Rivera expressed his enthusiasm for the approval of an additional $914,000 of curb, gutter, sidewalk and street work in Wards 1 and 2. Councilmember Rivera gave special recognition to Public Works staff for the work they have been doing, the last two weeks, in Ward 1. Councilmember Rivera requested Assistant to the City Manager Teglia provide an update on the money that was set aside for vouchers for spay and neutering, and asked the update include how many have been allotted and how they were distributed. Councilmember Johnson made comments regarding Nascar driver Kevin Harvick's major accomplishment with his win of the Sprint Cup Championship, and is certain that the Mayor will move forward with the Proclamation for Kevin Harvick Day, that Councilmember Maxwell requested. Councilmember Johnson requested that Public Works Director Fidler and City Manager Tandy stay after the Council Meeting to set up a meeting with Councilmember -Elect Parlier, to wrap up a few last minute items regarding Ward 7. Councilmember Johnson agreed with the statements Dennis Fox made regarding Consent Calendar Public Hearings item 9.c., and feels the city should begin looking at that situation as developments are starting to move forward again. Councilmember Johnson requested that the Planning Commission look at presenting a workshop of arterials and collectors and refer the item to the City Council if there is any minor arterial collector local street designation changes that need to take place. Bakersfield, California, November 19, 2014 — Page 15 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Counciimember Smith commented on Councilmember Johnson's referral and stated that the Planning and Development Committee is currently looking at all the collectors and arterials and that Kern COG is updating their plan. Vice -Mayor Weir welcomed City Manager Tandy back; and expressed his appreciation to Assistant to the City Manager Teglia and Assistant to the City Manager Huot for the marvelous job they did in City Manager Tandy's absence. Vice -Mayor Weir wished everyone a Happy Thanksgiving; and sent respects to Mayor Hall. 15. ADJOURNMENT Mayor Hall adjourned the meeting at 6:29 p.m. .NfI� *]§ CITY CLERK and Ex O c o Clerk of the Council of the City of Bakersfield Bakersfield, California, , No\ftvn i' 19, &)i L Page 16 * ** *THIS PAGE INTENTIONALLY LEFT BLANK * * **