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Home My WebLink About04/22/15 CC MINUTESBAKERSFIELD CITY COUNCIL MINUTES MEETING OF APRIL 22, 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 Maxwell, Weir, Smith, Sullivan (seated at 3:33 p.m.), Parlier Absent: Councilmember Rivera 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 a, Report on City Phone System City Manager Tandy made staff comments. Information Technology Director Hecht made staff comments and provided a PowerPoint presentation. 4. CLOSED SESSION a, Conference with Labor Negotiator pursuant to Government Code section 54957.6. Motion by Vice -Mayor Hanson to adjourn to Closed APPROVED Session at 3.48 p.m. AB RIVERA Motion by Vice -Mayor Hanson to adjourn from Closed APPROVED Session at 4:32 p.m. AB RIVERA 2235 5. 41 Bakersfield, California, April 22, 2015 - Page 2 CLOSED SESSION ACTION a. Conference with Labor Negotiator pursuant to Government Code section 54957,6. ADJOURNMENT Mayor Hall adjot MA ATTEST: CITY CLERK and Ex Offi i Clerk of the Council of the Citj of Bakersfield REGULAR MEETING -5;15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Hanson, Councilmembers Maxwell, Weir, Smith, Sullivan, Parlier (seated at 5:50 p.m,) Absent: Councilmember Rivera 2. INVOCATION 3. PLEDGE OF ALLEGIANCE by Tyler Tamsi - Silva, 5th grade student at Veterans Elementary School, 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Jelani Polk and Renaye Fink, OneLegacy Ambassadors, declaring April 2015 "DMV /Donate Life California Month Mr. Polk and Ms, Fink accepted the Proclamation and made comments. ACTION TAKEN NO REPORTABLE ACTION Bakersfield, California, April 22, 2015 - Page 3 4. PRESENTATIONS continued b. Presentation by Mayor Hall of a plaque to Leslie Walters, owner of the real estate firm Walters & Associates, honoring the refurbishment and landscaping efforts invested in the company's offices, located at 2026 21 st Street, Mr, Wayne Kress accepted the plaque and made comments. C. Presentation by Mayor Hall of a Proclamation to Kristen Doud, PG &E Local Government Relations Representative, declaring April 2015 "Safe Digging Month ", Ms. Doud accepted the Proclamation and made comments. 5. PUBLIC STATEMENTS a. Marvin Dean invited the Council, staff and members of the public to an informational resource conference regarding High Speed Rail and transportation projects on June 17, 2015; and submitted written material. b. Dennis Fox spoke regarding water restrictions and submitted written material, C. Bob Bell, Chairman of the Downtown Bakersfield Development Corporation, spoke regarding the lighting project on the Wall Street alley and asked for Council's approval to hook up to the Eye Street Garage and financial support for the monthly electricity bill; thanked John Enriquez and the Keep Bakersfield Beautiful Committee for engaging their group on projects; asked the Council to continue to pressure for new signs directing people to the downtown area; and informed the Council they will be meeting with Kern County Mental Health to discuss the mental health issues many homeless people experience. Councilmember Maxwell requested this return to the Council for action. ACTION TAKEN 22 3 co zq 3sl 5. Q Bakersfield, California, April 22, 2015 - Page 4 PUBLIC STATEMENTS continued d. Lauren Skidmore, with Kern Citizens for Sustainable Government, spoke regarding What Works Cities, an initiative from Bloomberg Philanthropies, that helps cities make better use of data and evidence in policy making; and submitted written material. WORKSHOPS a. 24th Street Improvement Project - Landscaping and Wall Design Concepts. Public Works Director Fidler made staff comments, Parsons Transportation Urban Design Lead Genick made staff comments and provided a PowerPoint presentation. Motion by Councilmember Maxwell to accept Palette A and delay the decision on wall design options until more citizen input is received. b. Statewide Emergency Drought Regulations; Presentation regarding Statewide Emergency Drought Regulations, 2, Emergency Ordinance adding Chapter 14,02 to the Municipal Code relating to Regulations for Urban Water Conservation to Limit Irrigation of Turf and Landscaping, City Clerk Gafford announced correspondence was received from Warren Rooney regarding watering restrictions. City Manager Tandy made staff comments, Water Resources Manager Chianello made staff comments and provided a PowerPoint presentation. Vice -Mayor Hanson asked staff to look into an operation called Magnation Water Technologies and provided a handout. ACTION TAKEN APPROVED AB RIVERA ORD 4804 1 2zbs Bakersfield, California, April 22, 2015 - Page 5 6. WORKSHOPS continued ACTION TAKEN Motion by Vice -Mayor Hanson to approve the Water Board's recommendation to adopt the emergency ordinance. Councilmember Maxwell requested the Water Board investigate the possibilities of using tertiary water in more areas where we currently use potable water. Councilmember Weir asked Vice -Mayor Hanson to consider a friendly amendment to limit the Ordinance to three days a week, without specific days for odd and even addresses, with a possible educational component. Vice -Mayor Hanson did not accept Councilmember Weir's friendly amendment to his motion. Councilmember Smith requested staff determine ways to motivate more members of the community to use reduced flow sprinkler nozzles. Motion by Vice -Mayor Hanson to approve the Water APPROVED Board's recommendation to adopt the emergency NOES SULLIVAN Ordinance. AB RIVERA 7. APPOINTMENTS a. One appointment to the Planning Commission due to the expiration of term of Patrick Wade (Ward 7), whose term expires April 30, 2015. Motion by Councilmember Parlier to reappoint APPROVED Patrick Wade to a 4 -year term on the Planning AB RIVERA Commission, whose term expires on April 30, 2019. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the March 25, 2015, Regular City Council Meetings, Payments: b. Receive and file department payments from March 13, 2015 to April 9, 2015 in the amount of $28,150,938.21, Self Insurance payments, from March 13, 2015 to April 9, 2015 in the amount of $537,677.85, totaling $28,688,616.06, 8. Z239 Bakersfield, California, April 22, 2015 - Page 6 CONSENT CALENDAR continued Ordinances: Resolutions: C. Resolution repealing Resolution No, 1834 regarding intention to establish a Community Facilities District ( "CFD ") for the Rosedale Ranch development. d, Disposal of Real Property: Resolution declaring real property surplus to the needs of the City and authorizing the Finance Director to negotiate its sale for the property located at 13202 Fall River Place, 2. Agreement with John Bertoni and June Berton! ($61,200) to purchase said property, e. Resolution approving an application to the Kern County Local Agency Formation Commission to annex uninhabited territory to the City identified as Annexation No, 642 located at the northeast corner of Ashe Road and McKee Road. f. Resolutions regarding the refinance of U,S. Department of Housing and Urban Development (HUD) Section 108 Loans: 1, Resolution authorizing the City to participate in the HUD public offering as part of the Section 108 Loan Guarantee Assistance Program to refinance the existing note or other obligation in the original principal amount of $4,100,000, for the Aquatic Center, Pool Rehabilitations and Southeast Training Facility Project. 2, Resolution authorizing the City to participate in the HUD public offering as part of the Section 108 Loan Guarantee Assistance Program to refinance the existing note or other obligation In the original principal amount of $800,000, for the Southeast Streetscape and Street Improvement Project. ACTION , A EN . Y • V RES 035 -15 REMOVED FOR SEPARATE CONSIDERATION RES 037 -15 RES 038 -15 RES 039 -15 �� D Bakersfield, California, April 22, 2015 - Page 7 8. CONSENT CALENDAR continued ITEM 8.F. CONTINUED 3. Authorize budgetary actions (appropriations and transfers) necessary to facilitate the short term inter -fund loan of $84,911 from the Transient Occupancy Tax Fund to the City Debt Service Fund and to facilitate the timely prepayment of interest and issuance cost to complete the refunding transaction. g. 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: ACTION TAKEN 1. ROI No. 1839 to add Area 2 -59 (northeast corner of Ming Avenue & Hughes Lane) R01 1839 2. ROI No, 1840 to add Area 4 -132 (southwest corner of 20th Street & F Street) R01 1840 3. ROI No. 1841 to add Area 4 -133 (southeast corner of Gilmore Avenue & Buck Owens Blvd.) ROI 1841 4. ROI No. 1842 to add Area 5 -78 (3000 Gateway Avenue) ROI 1842 Agreements: h. Reimbursement Agreement with AEG Management Bakersfield, LLC (not to exceed AGR 15 -085 $60,000) for the reimbursement of costs associated with renting the Rabobank Arena for the Christian Congregation of Jehovah's Witnesses conventions. Debt Refinancing: Agreement with Kutak Rock LLP ($75,000) for Bond Counsel services regarding the AGR 15 -086 proposed Wastewater Revenue Bond Advance Refunding. 2. Agreement with Goodwin Procter LLP ($45,000) for Disclosure Counsel services AGR 15 -087 regarding the proposed Wastewater Revenue Bond Advance Refunding. 22.,y1 8. Bakersfield, California, April 22, 2015 — Page 8 CONSENT CALENDAR continued ITEM 8J, CONTINUED 3. Agreement with Orrick Herrington & Sutcliffe LLP ($75,000) for Bond Counsel services regarding the proposed Assessment District Refunding. Agreement with Kern County Water Agency Improvement District No. 4 (not to exceed $480,000) for a Dry Year Water Supply. Agreement with Forensic Nurse Specialists, Inc. ($150,000 for a three year period), to provide forensic evidence collection and examinations for victims of sexual assault. Final Map and Maintenance Agreement with Lenox Homes Inc. for Tract 7226 Phase 2, located east of South Union Avenue and south of East Berkshire Road. M. Ditch Eradication and Pipeline Easement Agreement with Olive and 99, LLC., for City owned Beardsley Canal KRC &I One Ditch located west of the Beardsley Canal and north of Olive Drive. n. Amendment No. 1 to Agreement No. 14 -061 with Protection Force Private Security, Inc. ($38,000; revised not to exceed $88,000 and extend term nine months), for continued park security services. o. Amendment No. 2 to Agreement No. 13 -091 with Safeway Sign Co. ($75,000; revised not to exceed $185,693.40 and extend term one year), to continue the supply of traffic signs. P. Amendment No. 1 to Agreement No. 14 -272 with Equarius Waterworks, assigning contract and allowing the name change to Ferguson Enterprises, Inc. dba EQUARIUS Waterworks, Meter & Automation Group to allow continuance of the annual contract to supply water meters. ACTIOkTji- AGR 15 -088 AGR 15 -089 AGR 15 -090 AGR 15 -091 AGR 15 -092 AGR 15 -093 AGR 14- 061(1) AGR 13- 091(2) AGR 14- 272(1) Bakersfield, California, April 22, 2015 — Page 9 8. CONSENT CALENDAR continued ACTION TAKEN q, Amendment No. 3 to Agreement No, 13 -045 with Solenis, LLC ($500,000; revised not to AGR 13- 045(3) exceed $1,700,000 and extend term one year) to provide dewatering polymer for Plant No. 3. SR -178 Widening Project (TRIP); Accept bid and award contract to Granite Construction Company AGR 15 -094 ($22,254,803.10; 65.6% federally and 34,4% locally funded) to construct the Project. 2. Amendment No. 2 to Agreement No. 12- AGR 12- 120(2) 120 with T.Y. Lin International Corporation ($324,000, 100% locally funded; revised not to exceed $3,265,000) for design support services during construction of the Project. 3. Award Consultant Agreement with Mendoza and Associates (not to exceed AGR 15 -095 $2,692,563.73; 100% locally funded) for Construction Management Services. 4. Appropriate $243,875 Federal Earmark funds to the Public Works Department Capital Improvement Budget within the Federal TRIP Fund and Appropriate $3,347,088 County Local TRIP Fund Balance to the Public Works Department Capital Improvement Budget within the County Local TRIP Fund, S. Contract Change Order No, 10 to Agreement No. 12 -165 with Security Paving Company, Inc. AGR 12 -165 ($25,000.00; revised not to exceed CCO 10 $29,805,842,05; change order funded with STIP Funds {100 % }) for the Construction of the Westside Parkway Phase 6C Project. Property Acquisition Agreements - TRIP: t. Agreement with Tyrone Hernandez ($265,000) to purchase real property located at 4310 AGR 15-096 1 Morelia Way for the Centennial Corridor DEED 8183 83 Project. 22y Z 22y� 9 Bakersfield, California, April 22, 2015 - Page 10 CONSENT CALENDAR continued � U. Agreement with Jose Espinoza ($255,000) to _ACTION TAK6 purchase real property located at 4202 AGR 15 -097 Hillsborough Drive for the Centennial Corrldor DEED 8184 Project. V. Agreement with Marc Munoz ($237,000) to purchase real property located at 4405 AGR 15 -098 Kensington Avenue for the Centennial Corridor DEED 8185 Project. W. Agreement with Jose Montoya ($175,000) to purchase real property located at 619 Alamo AGR 15 -099 Street for the Centennial Corridor Project, DEED 8186 X. Agreement with Eduardo Bedolla and Ana Cisneros ($304,000) to purchase real property AGR 15 -100 located at 4305 La Mirada Drive for the DEED 8187 Centennial Corridor Project. Y. Agreement with Salvador Pineda ($254,000) to purchase real property located at 4221 La AGR 15 -101 Mirada Drive for the Centennial Corridor DEED 8188 Project. Z. Agreement with Ron and Ellen DeBusk ($212,000) to purchase real property located at AGR 15 -102 808 Del Rey Court for the Centennial Corridor DEED 8189 Project. aa, Agreement with Arjun Reddy, Jageshbhai Patel and Dipesh Patel ($182,000) to purchase real AGR 15 -103 property located at 206 South Garnsey Lane for DEED 8190 the Centennial Corridor Project. ab. Agreement with Mario Chavez ($274,000) to purchase real property located at 4401 AGR 15 -104 Hillsborough Drive for the Centennial Corridor DEED 8191 Project. ac. Agreement with Christina Throne, Heinrich Speicher and Donna Speicher ($217,000) to AGR 15 -105 purchase real property located at 4312 La DEED 8192 Mirada Drive for the Centennial Corridor Project. F1 Bakersfield, California, April 22, 2015 - Page 11 8. CONSENT CALENDAR continued ad. Agreement with Victor Jones, Mary Jones and Jennifer Jones ($254,000) to purchase real property located at 4301 Kentfield Drive for the Centennial Corridor Project, Bids: ae, Accept bid and approve contract with GM Engineering, Inc. ($207,801.00), for Storm Drain Improvements within Tract 5130, located north of Hageman Road between Coffee Road and Patton Way. af, Accept base bid and selective bid Alternate No. 1 and approve contract with Bowman Asphalt Inc. ($4,251,749.00) for Pavement Rehabilitation 2014 -2015 RSTP: Gosford Road from White Lane to Ming Avenue. ag. Accept bid and approve contract with Day's Generator Service, Inc. ($139,709), to furnish and install a standby generator at Alfred Harrell # 2 Lift Station. ah. Accept bid and approve contract with Day's Generator Service, Inc, ($139,709), to furnish and install a standby generator at Lake Ming Lift Station, Miscellaneous: ai. Transfer and Appropriate electricity savings of $15,292 from the General Services Operating Budget within the General Fund to the City Debt Service Fund to properly account for the Downtown LED Street Light PG &E On Bill Financing Loan. Successor Agency Business: aj. Receive and file Successor Agency payments from March 13, 2015 to April 9, 2015 in the amount of $2,740,061,75. ACTION TAKEN AGR 15 -106 DEED 8193 AGR 15 -107 AGR 15 -108 AGR 15 -109 AGR 15 -110 2214 aZ-15 8. Q Bakersfield, California, April 22, 2015 — Page 12 CONSENT CALENDAR continued Councilmember Maxwell requested that item 8.d. be removed for separate consideration. Motion by Vice -Mayor Hanson to adopt Consent Calendar items 8.a. through 8.aj., with separate consideration of item 8.d. d. Disposal of Real Property: 1, Resolution declaring real property surplus to the needs of the City and authorizing the Finance Director to negotiate its sale for the property located at 13202 Fall River Place. 2. Agreement with John Bertoni and June Berton! ($61,200) to purchase said property. Motion by Councilmember Maxwell to adopt Consent Calendar item 8.d. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider the Resolution ordering the vacation of the alley between 2280 Ming Avenue and 2300 Ming Avenue to June Street. b, Public hearing to consider U,S. Department of Housing & Urban Development (HUD) FY 14/15 Action Plan Amendment No, 4: Transfer $50,000 HOME funds from the Home Access Grant Program to New Construction Assistance program within the HOME Fund, 2. Transfer $50,000 CDBG project savings from the CDBG Capital Improvement Program budget to the CDBG Operating Budget for the Home Access Grant Program within the CDBG Fund; 3, Approve Amendment No. 1 to Agreement No, 14 -310 with Muxlow Construction (no change to contract amount) for services regarding Home Access Improvements, ACTION TAKEN APPROVED AB rei�ft RES 036 -15 AGR 15 -084 APPROVED AB RIVERA RES 040 -15 AGR 14- 310(1) D Bakersfield, California, April 22, 2015 - Page 13 9. CONSENT CALENDAR PUBLIC HEARINGS continued City Clerk Gafford announced correspondence was received from Jesse Villanueva, owner of Five Star Property Management, in support of staff's recommendation on item 9.a. Consent Calendar Public Hearings opened at 7:03 p.m. Consent Calendar Public Hearings closed at 7:04 p,m, Motion by Vice -Mayor Hanson to adopt Consent Calendar Public Hearings items 9.a. and 9.b. 10. HEARINGS None. 11. REPORTS a. Special Meeting date and program for City Council Retreat. City Manager Tandy made staff comments. Motion by Councilmember Maxwell to delay the retreat to a more appropriate time when they will be well in front of goal setting for next year; and directed staff to propose possible dates in September or early October. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS a. 2015 -2020 HUD Consolidated Plan & Supporting Documents Workshop. Community Development Director Mclsaac made staff comments and provided a PowerPoint presentation. ACTION TAKEN APPROVED AB RIVERA APPROVED AB RIVERA Motion by Vice -Mayor Hanson to receive and file New APPROVED Business item 13.a. AB RIVERA ZZL4l0 22y1 13. 14. Bakersfield, California, April 22, 2015 - Page 14 NEW BUSINESS continued b. First Reading of Ordinance amending Chapter 5,12 of the Municipal Code relating to bingo games, and enacting Chapter 5.13 relating to remote caller bingo. City Attorney Gennaro made staff comments. Motion by Vice -Mayor Hanson to give first reading to the Ordinance. COUNCIL AND MAYOR STATEMENTS Councilmember Maxwell commented on the increased traffic on the Oak Street overpass for people traveling north on Oak Street to make a left turn onto Truxtun Avenue Extension; stated that he spoke with Public Works Director Fidler and assured the public that the City is working on the issue. Councilmember Maxwell spoke regarding the deteriorated streets on 23,d and 2411 Street in the couplet area and on H Street, he requested staff look into how we can improve those areas. Councilmember Maxwell requested staff provide a presentation on the Hageman Flyover Project at the next Council meeting, he would like to know what the design looks like at this point; the project costs, where we are in the process and what that means. Councilmember Smith requested a letter be sent from the City Council to the Public Utilities Commission, in support of the continuance of solar net metering. Councilmember Smith made comments regarding the City's accomplishments which include: Westside Parkway; TRIP projects; affordable housing downtown; lighting project downtown; improving the 18th and Eye Street Parking garage; Amtrak improvements; community service focused Police Department; balanced budget; new development and businesses at River Walk, Ming Avenue and Buena Vista Road, and Calloway Drive and Olive Drive. Councilmember Parlier thanked Mayor Hall for his leadership with the Keep Bakersfield Beautiful Committee; announced this Saturday, April 25th, is the Great American Clean -Up; and advised groups in Ward 7 will meet at Golden Valley High School and Ridgeview High School. ACTION TAKEN FR APPROVED AB RIVE D D Bakersfield, California, April 22, 2015 — Page 15 22u6 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Parlier expressed gratitude to the Recreation and Parks Department and Public Works Department for the current projects in Ward 7. Mayor Hall thanked Councilmember Parlier for his comments; and publicly commended Reserve Officer Guyton who provided exceptional service to the Mayor last Saturday at an American Red Cross community event. 15. ADJOURNMENT Mayor Hall adjourned the meeting at 7:31 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Offi i Clerk of the Council of the City of Bakersfield �1� 2z41 Bakersfield, California, April 22, 2015 — Page 16 * ** *THIS PAGE INTENTIONALLY LEFT BLANK * * ** F