The URL can be used to link to this page

Home My WebLink About03/04/15 CC MINUTES'9- U' BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 4, 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. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Hanson, Councilmembers Rivera, Maxwell, Weir, Smith, Parlier Absent: Sullivan Mayor Hall acknowledged the students from the Liberty High School Government class in attendance at the meeting to learn about City government. 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 - Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) for the following: 1. Gonzalez- Chavez v. City, et al,,USDC Eastern District Court Case No, 1: 1 2-CV- 02053-AWI-JLT. 2. Truxtun Court Partners, et al, v. City, et al., Kern County Superior Court Case No. S- 1500 -CV- 278941, DRL. ACTION TAKEN Motion by Vice -Mayor Hanson to adjourn to Closed APPROVED Session at 3:31 p.m. AB SULLIVAN 5. ADJOURNMENT Mayor Hall adjc ATTEST: CITY CLERK and Ex Offi lerk of the Council of the City of Bakersfield REGULAR MEETING -5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Hanson, Councilmembers Rivera, Maxwell, Weir, Smith, Pariier Absent: Sullivan 2. INVOCATION Bakersfield, California, March 4, 2015 - Page 2 4. CLOSED SESSION continued ACTION TAKEN Motion by Councilmember Maxwell to adjoum from Closed Session at 5:00 p.m. APPROVED AB SULLIVAN 5. CLOSED SESSION ACTION a. Conference with Labor Negotiator pursuant to NO REPORTABLE Government Code section 54957,6. ACTION b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code section 54956,9(d)(1) for the following: I . Gonzalez- Chavez v. City, et al„USDC NO REPORTABLE Eastern District Court Case No. 1:12 -CV- ACTION 02053 -AWI -J LT. 2. Truxtun Court Partners, et al, v. City, et CITY ATTORNEY WAS al„ Kern County Superior Court Case GIVEN DIRECTION No, S- 1500 -CV- 278941, DRL, 5. ADJOURNMENT Mayor Hall adjc ATTEST: CITY CLERK and Ex Offi lerk of the Council of the City of Bakersfield REGULAR MEETING -5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Hanson, Councilmembers Rivera, Maxwell, Weir, Smith, Pariier Absent: Sullivan 2. INVOCATION Bakersfield, California, March 4, 2015 - Page 3 ACTION TAKEN 3. PLEDGE OF ALLEGIANCE by James Fulfer, 6th grade student at Endeavour Elementary School, Mayor Hall acknowledged Boy Scout Troops 194 and 147, with Scoutmaster Krista Schneider; and the students from the Bakersfield College Political Science class in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Key to the City to Derek Carr. Mr. Carr accepted the Key to the City and made comments, b. Presentation by Mayor Hall of a Proclamation honoring the 50th Anniversary of the Junior League of Bakersfield to Christine Icardo, Junior League of Bakersfield President. Ms. Icardo accepted the Proclamation, made comments, and invited the Mayor and Council to attend an open house on Friday, March 6th, from 4:00 p.m. to 8:00 p.m., to learn more about the work they have accomplished in the last fifty years; and submitted written material. C. Presentation of a Proclamation by Mayor Hall to Lee K. Baumgarten, President /General Manager, and Steve Hughes, Media and Marketing Director County Raceway Park, declaring March 23 -29, 2015, NASCAR Week. Mr. Baumgarten and Mr. Hughes accepted the Proclamation and made comments. 5. PUBLIC STATEMENTS a. Krista Schneider, Scoutmaster of Troop 147, spoke in support of NACTO guidelines for safer transportation means for bicyclists and pedestrians; she observed, while traveling on the bike path from River Walk west to Allen Road, there is not any access for emergency vehicles in the event that a bicyclist or pedestrian needs emergency assistance; and commented on the lack of restroom facilities to accommodate bicyclists. % r Bakersfield, California, March 4, 2015 - Page 4 6. WORKSHOPS ACTION TAKEN None. 7. APPOINTMENTS None, 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the February 11, 2015, Regular City Council Meetings. Payments: b. Receive and file department payments from January 31, 2015, to February 19, 2015, in the amount of $18,812,912.54, and self- Insurance payments from January 31, 2015, to February 19, 2015, in the amount of $590,552.17, totaling $19,403,464.71. Ordinances: Resolutions: C. Resolution approving the destruction of certain RES018 -15 obsolete City records, documents, instruments, books and papers, pursuant to the sections 34090 et seq. of the government code of the State of California - Finance Department. d. Resolution confirming approval by the City RES 019 -15 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. 8. Bakersfield, California, March 4, 2015 - Page 5 CONSENT CALENDAR continued ACTION TAKEN e. Resolution determining that a Crystaplex® RES020 -15 Seamless 590 Plus Acrylic shielding system and compatible aluminum flex channel cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore and purchase a Crystaplex0 Seamless 590 Plus1m Acrylic shielding system and compatible aluminum flex channel from Athletica Sports Systems, not to exceed $165,000. f. Resolution approving an application to the Kern REMOVED FOR County Local Agency Formation Commission SEPARATE to annex uninhabited territory into the City CONSIDERATION identified as Annexation No. 589 located at the northwest corner of Stockdale Highway and Claudia Autumn Drive, g. Resolution approving an application to the Kern REMOVED FOR County Local Agency Formation Commission SEPARATE to annex uninhabited territory into the City CONSIDERATION identified as Annexation No. 649 located at the southeast corner of Seventh Standard Road and Calloway Drive, h. Resolution approving an application to the Kern REMOVED FOR County Local Agency Formation Commission SEPARATE to annex uninhabited territory to the City CONSIDERATION identified as Annexation No, 652 located south of Seventh Standard Road, generally between Allen Road and the Calloway Canal. i. Sewer connection fee assessment for 6705 Betty Street: 1. Resolution confirming assessment for RES 024 -15 sewer connection and authorizing the collection of assessment by the Kern County Tax Collector, 2. Agreement with Frances L. Reese to pay AGR 15 -041 sewer connection fee through the Kern County Tax Collector. I-CQ Bakersfield, California, March 4, 2015 - Page 6 8. CONSENT CALENDAR continued k. Sewer Connection Fee Assessment for 13115 Queen Palm Court: 1. Resolution confirming assessment for sewer connectlon and authorizing the collection of assessments by the Kern County Tax Collector, 2. Agreement with John W. Hester to pay sewer connection fees through the Kern County Tax Collector. California Water Service Company Franchise Renewal: l . Resolution accepting the application of California Water Service Company requesting a Water Franchise. 2. Resolution of Intention to grant a Water Franchise to California Water Service Company. Resolution of the City declaring its intention to establish the City Police and Fire Services Community Facilities District No. 2015 -01 (Rosedale Ranch); to levy a special tax therein to finance additional police and fire services required by new development within the Community Facilities District, M. 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: ROI # 1831 to add Area 1 -109 (south west corner of Truxtun Avenue & Truxtun Plaza West) 2. ROI # 1832 to add Area 4 -131 (north east corner of Brown Street & Eureka Street) ACTION TAKEN RES 025 -15 AGR 15 -042 RES 026 -15 ROI 1833 ROI 1834 ROI 1831 ROI 1832 Bakersfield, California, March 4, 2015 - Page 7 8. CONSENT CALENDAR continued n, Figtree PACE: 1, Amendment No, 1 to Resolution No. 040- 13 consenting to inclusion of properties within the Incorporated Area of the City in the Kern County Property Assessed Clean Energy Program to Finance distributed Generation Renewable Energy Sources and Energy and Water Efficiency Improvements, approving the report setting forth the parameters of the referenced Program and certain matters in connection therewith. 2. Amendment No. 1 to Agreement No. 13- 040 between the City and the California Enterprise Development Authority (CEDA), Agreements: o. Agreement with Covanta Delano, Inc. (anticipated annual revenue to City is estimated at $60,200), for the sale of wood chips from the Mount Vernon Recycling Facility, P. Long Term Ground Lease Agreement with Michael Taylor N841 CM, LLC, ($40 monthly) at the Bakersfield Municipal Airport for hangar space A -5. q. Development of New City Web Site: 1, Agreement with Civica Software (not to exceed $50,000) for development, implementation, and support of a content management software system supporting a mobile device responsive city website maintainable by City departments. 2. Appropriate $50,000 Capital Outlay Fund Balance to the Information Technology Capital Budget within the Capital Outlay Fund for the project, ACTION TAKEN RES 040 -13(1) AGR 13- 040(1) AGR 15 -043 AGR 15 -044 REMOVED FOR SEPARATE CONSIDERATION '::�!t' Bakersfield, California, March 4, 2015 - Page 8 8. CONSENT CALENDAR continued Agreement with Southern California Edison (not to exceed $420,000) for Water Holding at Isabella Reservoir. S. Final Map and Improvement Agreement with Castle & Cooke California, Inc, for Tract 6250, Phase 9, located west of Jewetta Avenue and north of Stockdale Highway, Outside Consultant Plan Checking Services for Development Activity; 1, Consultant Agreements with Cornerstone Engineering, Inc„ Meyer Civil Engineering, Inc„ and Infrastructure Engineering Corporation (not to exceed $75,000,00 per agreement) for improvement plan check and final map checking services. 2, Appropriate $225,000 additional plan check revenue to the Public Works Department's Operating Budget within the Development Services Fund, U. Cooperative Agreement with the State of California Department of Transportation (Caltrans) for the constructlon of the SR -99 and Rosedale Highway Off -Ramp Project. (TRIP) V. Amendment No. 2 to Agreement No. 12 -073 with WKE Inc. (no change in compensation) to extend term for completion of design services to June 1, 2015 and to extend term of agreement until December 31, 2017 for preliminary design services and preparation of the seismic retrofit strategy report for the Manor Street Bridge over the Kern River Project. W. Amendment No. 1 to Agreement No. 13 -157 with Bert Verrips, AICP, Environmental Consulting Services for preparation of an Environmental Impact Report (EIR) for Wal- Mart project located at the southwest corner of Highway 99 and Olive Drive. ACTION TAKEN AGR 15 -046 AGR 15 -047 AGR 15 -048 AGR 15 -049 AGR 15 -050 AGR 15 -051 AGR 12- 073(2) AGR 13- 157(1) '" G 10 Bakersfield, California, March 4, 2015 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN X Amendment No. 1 to Agreement No. 13 -218 AGR 13- 218(1) with McIntosh & Associates, ($150,000; revised not to exceed $350,000) to provide "on- call" construction inspection services for development projects and the Capital Improvement Program. Y. Contract Change Order No. 1 to Agreement AGR 14 -188 No. 14 -188 with Superior Construction CCO 1 ($19,489.66; revised not to exceed $694,389.66) for the Police Evidence Building project, Z. Contract Change Order No. 3 to Agreement AGR 14 -071 No. 14 -071 with Smith Construction Company, CCO 3 Inc. ($108,846.11; revised not to exceed $904,278.15), for the project known as Bakersfield Wastewater Treatment Plant 3 Primary Clarifiers Rehabilitation, Property Acquisition Agreements - TRIP: aa. Agreement with Abel and Rebecca Gonzalez AGR 15 -052 DEED 8153 ($260,000) to purchase real property located at 4408 La Mirada Drive for the Centennial Corridor Project. ab. Agreement with Higher Grounds Solutions Inc. AGR 15 -053 ($250,000) to purchase real property DEED 8154 located at 4313 La Mirada Drive for the Centennial Corridor Project, ac. Agreement with Carl Nanto ($128,000) to AGR 15 -054 purchase real property located at 129 DEED 8155 Dunlap Street for the Centennial Corridor Project. ad. Agreement with Aurelio Guzman ($159,000) to AGR 15 -055 purchase real property located at 4312 Joseph DEED 8156 Drive for the Centennial Corridor Project. ae. Agreement with Bonnie Doyle ($180,000) to AGR 15 -056 purchase real property located at 19 Morrison DEED 8157 Street for the Centennial Corridor Project. Bids: af, Accept bids from McCain, Inc, ($122,633.85) and AZCO Supply, Inc. ($17,732,13) for traffic signal equipment. Total bid amount is $140,365.98, � t Bakersfield, California, March 4, 2015 - Page 10 8. CONSENT CALENDAR continued ACTION TAKEN ag, Accept bid from Clover International LLC in the amount of $43,432.15 for Cisco network Management devices. ah. Accept bid and approve a two year contract AGR 15 -057 with Stinson Stationers, Incorporated (not to exceed $700,000) for the purchase of office supplies. Miscellaneous: ai. Appropriate $162,000 of Asset Forfeiture Trust funds to the Police Department Capital Improvement Budget within the Capital Outlay fund to furnish and install an information technology network system, security camera system, and property storage shelving in the new Police Department property storage facility, Successor Agency Business: aj. Receive and file successor agency payments from January 30, 2015, to February 19, 2015, in the amount of $700,699.56. City Clerk Gafford announced that a memorandum was received from staff transmitting a revised agreement for item 8.r, Councilmember Weir requested that items 81, 8.g., and 8.h. be removed for separate consideration. Councilmember Maxwell requested that item 8.q. be removed for separate consideration. Motion by Vice -Mayor Hanson to adopt Consent Calendar items 8.a. through 8.aj., with the removal of items 8.f., 8.g., 8.h., and 8.q. for separate consideration. Resolution approving an application to the Kern RES 021 -15 County Local Agency Formation Commission to annex uninhabited territory Into the City Identified as Annexation No. 589 located at the northwest corner of Stockdale Highway and Claudia Autumn Drive, 8. Bakersfield, California, March 4, 2015 - Page 11 CONSENT CALENDAR continued ACTION TAKEN g, Resolution approving an application to the Kern RES022 -15 County Local Agency Formation Commission to annex uninhabited territory into the City identified as Annexation No, 649 located at the southeast corner of Seventh Standard Road and Calloway Drive. h. Resolution approving an application to the Kern RES 023 -15 County Local Agency Formation Commission to annex uninhabited territory to the City identified as Annexation No. 652 located south of Seventh Standard Road, generally between Allen Road and the Calloway Canal, Motion by Councilmember Weir to adopt APPROVED Consent Calendar items 8. f., 8.g., and 8.h., with NS RIVERA the condition that these items return to Council AS SULLIVAN when the paperwork arrives that identifies the tax split amount so there is no delay on processing the annexations allowing the City to use up to date information to further evaluate the projects. q. Development of New City Web Site; Agreement with Civica Software (not to AGR 15 -045 exceed $50,000) for development, implementation, and support of a content management software system supporting a mobile device responsive city website maintainable by City departments. 2. Appropriate $50,000 Capital Outlay Fund Balance to the Information Technology Capital Budget within the Capital Outlay Fund for the project. Motion by Councilmember Maxwell to adopt APPROVED Consent Calendar item 8.q. AS SULLIVAN 1 A 7 i - ! ., .. 1 1.0 VA 10. IV Bakersfield, California, March 4, 2015 - Page 12 CONSENT CALENDAR PUBLIC HEARINGS a, Public Hearing to consider the Resolution ordering the vacation of the south 11.25' of 38th Street and the west 11.25' of "L" Street, adjacent to 3731 L Street, b. Public Hearing to consider the Resolution ordering the vacation of the alley between Ming Avenue adjacent to 2280 Ming Avenue, Consent Calendar Public Hearings opened at 5:48 p.m. Maurice Etchechury spoke in support of the staff recommendation on item 9.b. Consent Calendar Public Hearings closed at 5:50 p,m. City Attorney Gennaro stated for the record that on item 9.b. the hearing is opened and closed and the Council is not taking any action on 9.b., that is staff's recommendation. Motion by Vice -Mayor Hanson to adopt staff's recommendations for Consent Calendar Public Hearings item 9.a. and 9.b. HEARINGS None, REPORTS None, DEFERRED BUSINESS a. Disposition and Development Agreement (DDA) with Chelsea Investment Corporation ($5,716,184) for the development of 63 units of affordable senior housing and a 100 -space parking facility located at 518 19th Street, (deferred from the meeting of 2/11/15) Councilmember Rivera announced he would recuse himself from Deferred Business item 12.a. due to perception of a conflict of interest, source of income to himself, and he left the room. Community Development Director Mclsaac made staff comments and provided a PowerPoint presentation. ACTION TAKEN RES 027 -15 APPROVED AB SULLIVAN taw a Bakersfield, California, March 4, 2015 - Page 13 12. DEFERRED BUSINESS ACTION TAKEN Matt Grosz, Project Manager for Chelsea Investment Corporation, made additional comments, Councilmember Smith made a motion to approve Deferred Business item 12.a. Councilmember Maxwell asked Councilmember Smith to consider a friendly amendment changing the number of units developed from 63 to 66 units and make most units a one bedroom; allowing an entrance to be constructed off of 18th Street. Councilmember Smith did not accept Councilmember Maxwell's friendly amendment to his motion. Councilmember Smith's motion to approve the APPROVED Disposition and Development Agreement was NS MAXWELL approved. ABS RIVERA AB SULLIVAN 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Smith thanked the Boy Scout troop for their attendance at the meeting and for the comments made on safety for bicycle and pedestrian transportation; and stated he is committed to working toward making streets in Bakersfield safer. Councilmember Smith congratulated the City on being recognized at the Kern Council of Governments Awards Ceremony for the arrangement with the Homeless Center, the Mohawk Street Extension Project, and the Bakersfield Mobile Application Project. Councilmember Parlier requested staff prepare a study regarding a piece of City owned farm land off of Cottonwood Road and determine if it is actively being farmed or not, in order to partner with Nextera Energy on an energy storage facility. Councilmember Parlier made a referral to the Legislative and Litigation committee for consideration of an Ordinance restricting synthetic stimulants referred to as "Bath Salts" or "Spice". Bakersfield, California, March 4, 2015 - Page 14 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Parlier stated he joined Building Director Burns on a ride -along for Code Enforcement within Ward 7 and learned some of the dangers Code Enforcement officers face every day. Councilmember Maxwell advised Police Chief Williamson of a new marijuana shop located at 2728 Brundage Lane; and stated he requested the City Attorney's Office send the property owner and the business owner a letter. Councilmember Maxwell expressed his concern regarding statements made on the California High Speed Rail website; and requested staff prepare a letter to Dan Richard, Chairman of the High Speed Rail, informing him that his statements, regarding the City of Bakersfield's opinion of the High Speed Rail project, are broader than what we would like people to think. Councilmember Rivera requested staff determine what other cities or local county jurisdictions provide to Code Enforcement Officers for protection; and report back to the Council on the feasibility of providing the City's Code Enforcement Officers these tools. Councilmember Rivera expressed his excitement of upcoming changes to the City's website and thanked staff for bringing that item forward. Councilmember Rivera requested to revive a referral he previously made regarding exploring the possibility of off -site frontage improvement financing through the City, look at the financing program the County has and determine if we can model something at the City to help business owners that might not be able to afford the improvements that need to be made; and requested this matter be referred to the Budget and Finance Committee. Councilmember Rivera requested that letters of support be sent on behalf of the City regarding AB2, which provides local jurisdictions more tools in the wake of the dissolution of Redevelopment agencies, and AB603, relating to water incentives. Bakersfield, California, March 4, 2015 - Page 15 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Rivera requested staff provide information by the Water Board regarding incentives for water conservation. Vice -Mayor Hanson expressed get well wishes to Councilmember Sullivan. Vice -Mayor Hanson thanked Councilmember Parlier for the gifts he provided the Council. Mayor Hall asked Fire Chief Greener to stay after the meeting to discuss assistance he needs on a project. Mayor Hall stated that the Downtown Business Development Corporation suggested the City try to find ways of placing signs on the freeway to bring people to the downtown area and the discussion is proceeding in that direction with Caltrans; the Adopt A Highway sponsorship program has expanded to Caltrans freeways so that donations can be accepted and used for the freeways; and our sponsorship is now being used on the Westside Parkway and other arteries. Mayor Hall announced that the Kern County Sheriff's Department has been conducting enforcement for our litter violations and have issued $90,000 in fines and 264 warnings to people that have been cited for littering; there are currently five homeless center and inmate crews in the City and the County including the Westside Parkway with the City portion of the freeways cleaned on a three week rotational basis. 15. ADJOURNMENT Mayor Hall adjourned the meeting at 6: MAYOR of the City of Bakersfield, CITY CLERK and Ex Offi, the Council of the City Bakersfield, California, March 4, 2015 — Page 16 * ** *THIS PAGE INTENTIONALLY LEFT BLANK * * **