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HomeMy WebLinkAbout01/21/15 CC MINUTES' 170 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 21, 2015 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: Mayor Hall, Vice -Mayor Hanson, Councilmembers Rivera, Maxwell, Weir, Smith, Parlier Absent: Councilmember Sullivan 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) regarding City v. Kern County, Kings County Superior Court Case No. 13 C 0180. b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(2),(e)(1) (one matter). C. Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Government Code Section 54957(b)(1) / 54957.6, Motion by Vice -Mayor Hanson to adjourn to Closed APPROVED Session at 3:31 p.m. AB SULLIVAN Motion by Councilmember Maxwell to adjourn from APPROVED Closed Session at 5:06 p.m. AB SULLIVAN r.� 5. Bakersfield, California, January 21, 2015 - Page 2 CLOSED SESSION ACTION ACTION TAKEN a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(1) regarding City v. Kern County, Kings County Superior Court Case No. 13 C 0180. b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code Section 54956,9(d)(2),(e)(1) (one matter). C. Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Government Code Section 54957(b)(1) / 54957.6. ADJOURNMENT Mayor Hall adjourned the meeting at MATER of the City of ATTEST; CITY CLERK and Ex Offi o Jerk of the Council of the City of Bakersfield REGULAR MEETING -5;17 p.m. 1. ROLL CALL Present; Mayor Hall, Vice -Mayor Hanson, Councilmembers Rivera, Maxwell, Weir, Smith, Sullivan, Parlier Absent; None 2. INVOCATION by Associate Pastor Dave Constance, First Presbyterian Church of Bakersfield. 3. PLEDGE OF ALLEGIANCE by Michael Garcia, 5th grade student at Fletcher Elementary School. Mayor Hall acknowledged the students from the Bakersfield College Political Science class in attendance at the meeting to learn about City government. REMOVED BY STAFF CITY ATTORNEY GIVEN DIRECTION EVALUATION WAS CONCLUDED WITH FAVORABLE RESULTS Bakersfield, California, January 21, 2015 - Page 3 4. PRESENTATIONS a. Presentation by Mayor Hall of a Certificate of Appreciation to Bill Winters, Vice President of Community Affairs, Alon Bakersfield Refinery, for providing sponsorship funding to support the cooperative effort by the city, Keep Bakersfield Beautiful, and the Bakersfield Homeless Center to remove litter along freeway frontages. Mr, Winters accepted the Certificate and made comments. b. Presentation by Mayor Hall of a Certificate of Appreciation to Danny Murdock, Senior Manager, FedEx Ground, honoring the community volunteer work performed by FedEx employees. Mr. Murdock accepted the Certificate and made comments. 5. PUBLIC STATEMENTS a. Ahron Hakim!, Executive Director of Kern Council of Governments, spoke in support of the NACTO guidelines, b. Andrae Gonzales, Trustee of Bakersfield City School District, thanked the City of Bakersfield for the Safe Routes to School Project that will add sidewalks and handicap ramps to the streets near Frank West Elementary School in Ward 7; and spoke in support for the first reading of the ordinance regarding NACTO guidelines. C. Elliott Kirschenmann spoke in favor and support for the effort to beautify 24th Street; praised the Building Department for a smooth process and effort to receive the final certificate of occupancy for a building that was under construction for the last nine months; and thanked the Council for appointing him to the Golden Empire Transit District as a board member representing the City of Bakersfield. Councilmember Rivera requested staff add Mr. Kirschenmann and Ms. Parra to the February 11 m agenda to provide a report on the status of GET. ACTION TAKEN 1'i.iw Bakersfield, California, January 21, 2015 — Page 4 5. PUBLIC STATEMENTS continued ACTION TAKEN d. The following individuals spoke In support and provided input on the installation of irrigation, landscaping, and maintenance on 24th Street from Highway 99 eastward to Highway 178, as part of the 24th Street Widening Project: Dan Munn; Joseph Zasoski; and Kellyann Ravennaugh, The following individuals spoke regarding problems with dirt and dust in the Bridle Creek neighborhood due to an undeveloped lot at a future park site: Rosalinda Martinez (displayed pictures to Council and submitted written material); and Erick Martinez. Vice -Mayor Hanson referred Ms. Martinez's request to the Public Works Department to determine if something can be done to mitigate the dirt and dust. 6. WORKSHOPS a. Overview of proposed design for 24th Street Improvement Project, Including preliminary ideas, landscaping and aesthetics, TRIP Manager Budak made staff comments and provided a PowerPoint presentation, Parsons Transportation Group Architect Genick made staff comments and provided a PowerPoint presentation, City Manager Tandy made additional staff comments, provided a PowerPoint presentation, and advised the Council that a neighborhood meeting will take place on February 4th; they will take public input on the color schemes and arrangements, and then will be brought back to Council for consideration, Councilmember Rivera referred to the next Community Services Committee meeting, a report on the outcome of the Community meeting to discuss options for landscaping in the couplet area; and requested staff explore what it would cost the City to pay for the sound walls that will be constructed at the end of each cul -de -sac, instead of the property owners, in order to be able to dictate what they will look like. 7. L Bakersfield, California, January 21, 2015 - Page 5 WORKSHOPS continued ACTION TAKEN Motion by Vice -Mayor Hanson to receive and file the APPROVED report. APPOINTMENTS a, Appointments of three (3) Alternate Committee Members to the Keep Bakersfield Beautiful Committee, due to the expiration of terms of Isaiah Crompton, Brooks Douglas and Chris Parlier, Councilmember Rivera nominated Isaiah Crompton, as the Alternate Member representing Ward 1. Councilmember Smith nominated David Norman Hepburn, as the Alternate Member representing Ward 4. Councilmember Parlier nominated Mark Tarango, as the Alternate Member representing Ward 7. Motion by Vice -Mayor Hanson to approve the APPROVED Alternate Member nominations to the Keep Bakersfield Beautiful Committee. CONSENT CALENDAR Minutes: a. Approval of minutes of the January 7, 2015, Regular City Council Meetings. Payments: b. Receive and file department payments from December 19, 2014 to January 8, 2015 in the amount of $18,945,403.65 Self Insurance payments from December 19, 2014 to January 8, 2015 in the amount of $874,745.96, totaling $19,820,149.61, Ordinances: C. First reading of an Ordinance amending the REMOVED FOR City's Standard Services Agreement, SEPARATE CONSIDERATION 'Ii`4 [a Bakersfield, California, January 21, 2015 - Page 6 CONSENT CALENDAR continued Resolutions: d, Resolution determining that a Leica Scan Station cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore and purchase a Leica Scan Station from Precision Survey Supply, not to exceed $104,000. e. Resolution determining that Rain Bird Maxicom irrigation controllers cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $400,000. 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 -76 (2000 White Lane) 2. Area 5 -77 (575 Panama Lane) Agreements: g. Improvement Agreement with Roll Real Estate Development LLC for Parcel Map 11810 located between Harris Road and Panama Lane west of Gosford Road. h. Landscape Improvement Agreement with Lennar Homes of California for Tract Map 6916 Phase 1, located north of Berkshire Road and east of Mountain Vista Drive, Amendment No. 2 to Agreement No. 11 -022 with Nishikawa Property Maintenance, Inc. ($89,422; revised not to exceed $447,110 and extending term one year), for the continued maintenance of Mesa Marin Sports Complex, ACTION TAKEN RES 006 -15 RES 007 -15 RES 008 -15 RES 009 -15 AGR 15 -012 AGR 15 -013 AGR 11- 022(2) Bakersfield, California, January 21, 2015 - Page 7 8. CONSENT CALENDAR continued Property Acquisition Agreements - TRIP: Agreement with Donald Trybul and Lindsay Walsh ($220,000) to purchase real property located at 4409 Marella Way for the Centennial Corridor Project. Bids: k. Accept bid from Wondries Fleet Group, Alhambra, California, ($149,422.20) for one replacement graffiti van for use by the Public Works Department, General Services, Graffiti Division. Accept bid and approve contract with Sturgeon Services International ($44,574.00) for the demolition of improvements at 8119 and 8133 Stine Road, M. Accept bid and approve contract with Midwest Environmental Control, Inc. ($56,755.00), for the demolition of improvements at 411, 421, 423, and 425 Truxtun Avenue. n. Accept bid and approve contract with Cal Prime, Inc, ($544,064,87), for Street Improvements: North of Brundage Lane and West of Union Avenue Phases 1 A & 2. o. Pavement Reconstruction on Lake Street from Union Avenue to Tulare Street: 1, Accept Bid and approve contract with Trinity Construction ($659,083.33) for construction of the project, 2. Approve Kern Delta Water District Encroachment Permit (no fee permit) to allow new fencing to be installed along the Eastside Canal premises which is required for installation of curb and gutter for the project. ACTION TAKEN AGR 15 -014 DEED 8129 AGR 15 -015 AGR 15 -016 AGR 15 -017 AGR 15 -018 AGR 15 -019 1 Bakersfield, California, January 21, 2015 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN ITEM 8.0. CONTINUED 3. Transfer $67,000 Capital Improvement Budget savings from a completed CIP project (Pavement Rehabilitation on Panama Lane) to the Public Works Department's CIP budget within the Capital Outlay Fund for the Lake Street project. Miscellaneous: P. Appropriate $642,928 Other Agency Share revenue from East Niles Community Services District to the Public Works Capital Improvement Budget within the TRIP local City fund regarding the State Route (SR) -178 and Morning Drive Interchange project. q. Appropriate $10,000 Pacific Gas and Electric Company contribution to the Recreation and Parks Department Capital Improvement Budget within the Capital Outlay Fund to provide trees in public areas within the City, Successor Agency Business: Receive and file Successor Agency payments from December 19, 2014 to January 8, 2015 in the amount of $532,398.80. Councilmember Weir requested that item 8.c. be removed for separate consideration. Motion by Vice -Mayor Hanson to adopt Consent APPROVED Calendar items 8.a. through 8.r., with separate consideration of item 8.c. C. First reading of an Ordinance amending the FR City's Standard Services Agreement, Motion by Vice -Mayor Hanson to adopt Consent APPROVED Calendar item 8.c. NS WEIR Q 1 Bakersfield, California, January 21, 2015 — Page 9 CONSENT CALENDAR PUBLIC HEARINGS a. General Plan Amendment /Zone Change No. 14 -0329; Rosedale Land & Development Inc /Bryan Batey, representing Gregory & Catherine Hillier (property owner), has applied for a general plan amendment and zone change on 11.30 acres located at the northwest corner of Stockdale Highway and Heath Road. 1. Resolution adopting a Negative Declaration. 2. Resolution approving the general plan amendment changing the land use designation from RR (Rural Residential) to GC (General Commercial) on 11.30 acres. 3. First reading of ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from County A -1 (Limited Agriculture) to City C -2 (Regional Commercial) on 11.30 acres. b. General Plan Amendment /Zone Change No. 14 -0338; JB Consulting Services, LLC., representing 13 Bakersfield, LLC„ (property owner), has applied for a general plan amendment and zone change on 13.15 acres located along the south side of College Avenue, approximately 200 feet east of Valencia Drive, 1. Resolution adopting a Negative Declaration, 2. Resolution approving the general plan amendment changing the land use designation from LR (Low Density Residential) to HMR (High Medium Density Residential) on 13,15 acres. 3. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R -1 (One Family Dwelling) to R -3 /PUD (Multiple Family Dwelling /Planned Unit Development) on 13.15 acres. ACTION TAKEN RES 010 -15 ABS SMITH RES 011 -15 ASS SMITH FR ABS SMITH RES 012 -15 RES 013 -15 FR 4 Bakersfield, California, January 21, 2015 — Page 10 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN Councilmember Smith announced that he would abstain due to conflict of interest, applicant is a source of income to himself, on item 9.a. Consent Calendar Public Hearings opened at 7:09 p.m. No one spoke. Consent Calendar Public Hearings closed at 7:10 p.m. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar Public Hearings item 9.a. and 9.b. 10. HEARINGS None. 11. REPORTS a. Mid -Year Budget Update: 1. Appropriate $105,000 in additional development - related General Fund revenue to the Public Works Department operating budget for the addition of two positions. 2, Appropriate $133,500 in additional development - related General Fund revenue to the Community Development Department operating budget for the addition of two positions. 3. Transfer $16,000 Capital Improvement Budget savings from a completed CIP project (Pavement Rehabilitation on Panama Lane) to the Public Works Department's CIP budget within the Capital Outlay Fund for the Installation of Streetlights on Scarlet Oak Boulevard. Finance Director Smith made staff comments and provided a PowerPoint presentation. Assistant to the City Manager Huot made additional staff comments, provided a PowerPoint presentation, and recommended approval of the new positions, CIP project, and respective transfer and appropriation of funds. x'1&0 Bakersfield, California, January 21, 2015 - Page 11 11. REPORTS continued ACTION TAKEN Councilmember Maxwell requested Finance Director Smith contact someone who might be able to tell him what a reduction in the oil industry of $47 to $32 per barrel would do to the future of a town like Bakersfield. Motion by Councilmember Smith to approve item APPROVED 11. a. 12. DEFERRED BUSINESS a. NATCO Guidelines (deferred from the 117115 meeting): 1. Presentation of National Association of City Transportation Officials' ( NATCO) guidelines. 2, First Reading of Ordinance amending Municipal Code Section 13.12.030 to include NACTO Guidelines, Public Works Director Fidler made staff comments and recommended acceptance of the presentation and First Reading of the Ordinance, Traffic Engineer Starbuck made additional staff comments and provided a PowerPoint presentation. Motion by Councilmember Smith for acceptance of the presentation and First Reading of the Ordinance. Vice -Mayor Hanson called for the question. Motion by Councilmember Smith for acceptance of FAILED the presentation and First Reading of the Ordinance. NS RIVERA, MAXWELL, WEIR, 13. NEW BUSINESS HANSON, PARLIER None, 14. COUNCIL AND MAYOR STATEMENTS Councilmember Maxwell stated traffic in the area of the overpass on Oak Street at Truxtun Avenue is getting worse; he asked the Public Works Department for an update on changing the lane structure to allow more cars heading toward the Westside Parkway to make the left hand turn. ity Bakersfield, California, January 21, 2015 — Page 12 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Public Works Director Fidler responded staff was waiting for the railroad's permission to enter Into their right -of -way and they were delayed due to the holiday season, he advised he will follow up with staff to determine the status of the start date for that construction project. Councilmember Maxwell requested staff make it a priority now to solve the traffic safety problem in front of Frugatti's Restaurant; two more accidents have occurred in that area; promptly initiate the traffic counts; and consider changing the lanes to three lanes going straight with one lane on the right as the turn lane onto Truxtun Avenue. Vice -Mayor Hanson recommended that Councilmembers be invited to meetings and events being held in their respective wards. Councilmember Weir announced that on the 27th there will be a community meeting for Ward 3, at the new Junior High across from Mesa Marin Park; they will discuss the activities and events that are happening in that area and possible options for Phase 2 of Mesa Marlin Park. Councilmember Rivera requested to revive a referral he previously made regarding frontage improvement financing through the City, look at what the County has and determine if we can model something at the City to help businesses that might need a helping hand with frontage construction to get off the ground and running. Mayor Hall congratulated the City Attorney for receiving a favorable annual evaluation; and thanked Ms. Gennaro and her staff for the service they provide the Mayor's Office, stating that she is always very diligent in her assistance. Councilmember Parlier indicated he recently went on a tour of the Mount Vernon Green Waste Recycling Facility and is extremely impressed with what they are doing for both recycling and composting; he commented that we are really innovative with our composting abilities; and thanked City Manager Tandy and Public Works Director Fidler for allowing staff to think out of the box on certain projects and be the leader for other cities and municipalities in California. Bakersfield, California, January 21, 2015 - Page 13 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Parlier thanked the citizens of Bakersfield for their water reduction for the second straight month and encouraged people to continue conserving our water resources. Councilmember Parlier announced that this Saturday, at 8:30 a.m., Golden Valley Interact Club will be holding a road clean -up along Colony Street and South H Street; he stated that if anybody is interested in participating they will be meeting at 8:30 a.m. in the Golden Valley High School parking lot. Councilmember Parlier asked staff for an estimate on response times at the Bakersfield Police Department. Police Captain Nuriddin responded she does not have an exact number at this time, but in their recent review of response times in specific zone areas, the numbers dramatically decreased, Councilmember Parlier announced this coming Friday, from 3:30 p.m. to 6:00 p.m., with the program beginning at 4:30 p.m., there will be a "Show Your Support for our Local Law Enforcement and First Responders" event at the Liberty Bell at Truxtun Avenue and Chester Avenue, which is also a part of the local law enforcement memorial; and stated this is an opportunity to show support for both our community and the people that protect us. 15. ADJOURNMENT Mayor Hall adjourned the meeting at 8:27 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Offic tierk of the Council of the City of Bakersfield Bakersfield, California, January 21, 2015 — Page 14 * ** *THIS PAGE INTENTIONALLY LEFT BLANK * * **