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HomeMy WebLinkAbout03/25/15 CC MINUTESBAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 25, 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 (seated at 3:50 p.m,), Maxwell, Weir, Smith, Sullivan (seated at 3:31 p.m.), Parlier Absent: None 2. PUBLIC STATEMENTS None. 3. WORKSHOPS a, Agreement with Fieldman, Rolapp & Associates AGR 15 -059 (not to exceed $110,000) for Financial Advisory Services regarding Assessment District Refinancing and Wastewater Revenue Bond Refinancing. Finance Director Smith announced a correction to the Administrative Report stating the correct cost of the Financial Advisor for the assessment district refinancing is $34,000. Finance Director Smith made staff comments and provided a PowerPoint presentation, Motion by Vice -Mayor Hanson to approve the APPROVED agreement. AS RIVERA 1 4 �i 5. Bakersfield, California, March 25, 2015 - Page 2 CLOSED SESSION a. Conference with legal Counsel - Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) for the following: 1. Bernie Lopez, et al. v. City, et al., USDC Case No, 1:13 -CV- 01725 -LJO -JLT, 2. North Kern Water Storage District v. City, Ventura County Superior Court Case No. 56- 2011- 00408712- CU- CO -VTA. Motion by Vice -Mayor Hanson to adjourn to Closed Session at 3:40 p.m. Motion by Councilmember Rivera to adjourn from Closed Session at 4:25 p.m. CLOSED SESSION ACTION a. Conference with legal Counsel - Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) for the following: 1, Bernie Lopez, et al, v. City, et al., USDC Case No. 1: 1 3-CV-0 1725- LJO-J LT. 2. North Kern Water Storage District v. City, Ventura County Superior Court Case No. 56- 2011- 00408712- CU- CO -VTA, ADJOURNMENT Mayor Hall adjourned the meeting at 5:14 MAYOR of the City of Bakersfiel ATTEST: - V�"- , CITY CLERK and Ex Off! lerk of the Council of the City of Bakersfield ACTION TAKEN APPROVED AB RIVERA APPROVED CITY ATTORNEY WAS GIVEN DIRECTION NO REPORTABLE ACTION Bakersfield, California, March 25, 2015 - Page 3 REGULAR MEETING -5:15 p,m. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Hanson, Counciimembers Rivera (seated at 5:53 p.m.), Maxwell, Weir, Smith, Sullivan, Parlier Absent: None 2. INVOCATION by Rabbi Cheryl Rosenstien, Temple Beth El. 3. PLEDGE OF ALLEGIANCE by Samuel Galagan, 4th grade student at Bill Williams Elementary School, Mayor Hall called for a moment of silence in tribute to former Councilmember Art Rockoff, who served as Ward 3 Councilmember from 1981 to 1985, and passed away on March 5, 2015 in Williamsburg, Virginia. Mayor Hall acknowledged the students from the Bakersfield College Political Science class and Liberty High School Government class in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Danita Melton dedicating the month of April 2015, to honor the birth of Khalsa, Ms. Melton accepted the Proclamation, made comments, and provided written material, b. Presentation by Mayor Hall of a Proclamation to John Spires, of the Boys and Girls Clubs of Kern County, declaring March 22 -28, 2015, National Boys & Girls Club Week. Mr, Spires accepted the Proclamation and made comments. ACTION TAKEN ..) 0 Bakersfield, California, March 25, 2015 — Page 4 5. PUBLIC STATEMENTS ACTION TAKEN a. Cathy Butler, Executive Director of Bakersfield Downtown Business Development Corporation, thanked Council and staff for their support of the lighting project, with Lighting in Style, on Chester Avenue; stated they have received a grant with the Arts Council to work with artists to help paint and beautify the downtown area, worked with the Keep Bakersfield Beautiful Committee for the supply of 11 additional trash receptacles, beginning a campaign to fund the possible illumination of the Wall Street Alley and a historic mural on the 18th and Eye Street parking garage, and requested to meet with the appropriate committee to look into placing an entrance sign into downtown. b. Louis Medina, Outreach and Advocacy Manager for Community Action Partnership of Kern, invited the Council to their 50th Anniversary Celebration and Humanitarian Awards Banquet and fundraiser on May 7th; the awards banquet will be honoring Barbara Grimm Marshall, President and founder of the Grimm Family Education Foundation; and requested a Proclamation to set forth May 7th, the birthday of when their agency was established, as the official Community Action Day in Bakersfield; and submitted written material, Mayor Hall advised Mr. Medina to speak with Administrative Assistant Turner regarding his Proclamation request. C. Jan Lemucchi, Resource Development Manager for Independent Living Center of Kern County, spoke regarding their American Sign Language Interpreting service program for private and public venues, which adhere to ADA regulations. d. The following individuals spoke regarding concerns about the safety for pedestrians crossing the street by Liberty High School and requested the City install overhead flashing beacons to the crosswalks; David Gleason; Alll Pyle; Crysta Barrick; and submitted written material. 1 Bakersfield, California, March 25, 2015 - Page 5 5. PUBLIC STATEMENTS continued Councilmember Smith requested staff look into the installation of overhead flashing beacons, striping and signage in that area; also striping at the high school to tie in the bike lanes near the Westside Parkway and Brimhall Road. e, The following individuals spoke in support of the addition of two signalized crosswalks as part of the 24th Street Widening Project: Tara Delis (submitted a petition); Catherine Wiliams; and Winston Seiler, Councilmember Maxwell requested this issue be referred to staff to be included in the report, regarding the outcome from the community meeting held at Rabobank Arena, to the Community Services Committee; and requested to be involved in the preparation of the presentation to ensure that the representation of what occurred at that meeting, and the interest of his constituents, is well expressed before it is given to the Community Services Committee. f. Matyas Stahl, United States Air Force Veteran, spoke on behalf of the Bakersfield College Veteran Lounge and requested annual funding from the City Council to support a program which helps ease the transition of veterans back into the college lifestyle. Councilmember Rivera requested this matter be referred to the Budget and Finance Committee, and prior to the meeting, Mr. Stahl, representatives from the Bakersfield Veteran Lounge, and staff meet to discuss more details on how we can help. g, Blair Buda!, owner and designer of Lighting in Style, thanked the following for their efforts in the installation of the lighting on trees in the Chester Avenue median full time: Mayor Hall; Council; City staff; Cathy Butler; the Downtown Business Association; Downtown Bakersfield Development Corporation; and special recognition of Councilmember Sullivan. 6. WORKSHOPS None. ACTION TAKEN lJ 4 Bakersfield, California, March 25, 2015 - Page 6 7. APPOINTMENTS ACTION TAKEN a. Three appointments to the Historic Preservation Commission due to the expiration of terms of Cathy Butler, Stephen Montgomery and Susan B. Stussy, whose terms expire March 30, 2015, City Clerk Gafford announced that applications were received from Luis Medina, and the three incumbents; Cathy Butler, Stephen Montgomery, and Susan B, Stussy; therefore, ballots were used. Ward 1 Butler Ward 2 Medina Ward 3 Butler Ward 4 Butler Ward 5 Butler Ward 6 Butler Ward 7 Butler Motion by Vice -Mayor Hanson to re- appoint APPROVED Cathy Butler to a 3 -year term on the Historic Preservation Commission. Ward 1 Montgomery Ward 2 Montgomery Ward 3 Medina Ward 4 Montgomery Ward 5 Montgomery Ward 6 Montgomery Ward 7 Montgomery Motion by Vice -Mayor Hanson to re- appoint APPROVED Stephen Montgomery to a 3 -year term on the Historic Preservation Commission. Ward 1 Medina Ward 2 Medina Ward 3 Stussy Ward 4 Stussy Ward 5 Stussy Ward 6 Stussy Ward 7 Medina Motion by Vice -Mayor Hanson to re- appoint APPROVED Susan B. Stussy to a 3 -year term on the Historic Preservation Commission. 8. 1 Bakersfield, California, March 25, 2015 — Page 7 CONSENT CALENDAR ACTION TAKEN Minutes: a. Approval of minutes of the March 4, 2015, Regular City Council Meetings. Payments: b. Receive and file department payments from February 20, 2015, to March 12, 2015, in the amount of $25,525,734,20, and self- insurance payments from February 20, 2015, to March 12, 2015, in the amount of $430,986.33, totaling $25,956,429.02. Ordinances: Resolutions: C. Resolution confirming approval by the City RES 028 -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 authorizing collection of the assessments by the Kern County Tax Collector. d. Resolution Adopting the Kern River Levee RES 029-15 Operations and Maintenance Plan. e. Resolution determining that granular ferric RES 030 -15 oxide arsenic removal media and adsorber media vessels for domestic water well CBK 41 cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof and purchase said equipment with a not -to- exceed budgeted amount of $400,000. f. 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 1 -109 (southwest corner of Truxtun RES 031 -15 Avenue and Truxtun Plaza West), 2. Area 4 -131 (northeast corner of Brown RES 032 -15 Street and Eureka Street). i :.G?J F Bakersfield, California, March 25, 2015 - Page 8 CONSENT CALENDAR continued g. Resolution of Intention No. 1835 to order the vacation of the alley between 2280 Ming Avenue and 2300 Ming Avenue from Ming Avenue to June Avenue. Agreements: h. Agreement with Suzanne M, Platt, Trustee, ($61,600) to purchase a portion of the property located at 8215 Stine Road for the Stine Road Widening Project, Agreement with Martha E. Franco ($54,290.00) to purchase a portion of the property located at 8247 Stine Road for the Stine Road Widening Project, Final Map and Improvement Agreement with Gibbons & Wheelan Inc. for Tract 6183, located on the west side of Jewetta Avenue north of Brimhall Road. k. Final Map, Improvement Agreement, and Landscape Improvement Agreement with Sierra Oaks Partners, LLC for Tract 7248 Phase 1, located at the northwest corner of Buena Vista Road and Campus Park Drive, Improvement Agreement with Juliana's Garden, LLC for Tract 6452 Phase 3 located at the southeast intersection of City Hills Drive and Canteria Drive, M. Landscape Improvement Agreement with Bakersfield 159 L,P, for Tract 6332, located west of Mountain Ridge Drive, south of McCutchen Road. n, Utility Agreement with Pacific Gas and Electric Company ($158,161.00) for utility pole relocations on Mohawk Street between Siena Lane and Hageman Road, o. Median Fee Reimbursement Agreement with Bakersfield 112 LP, (not to exceed $45,529,83) for median construction on Vineland Road along the frontage of Tentative Tract 6338, ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION AGR 15 -060 DEED 8168 AGR 15 -061 DEED 8169 AGR 15 -062 ABS SMITH AGR 15 -063 AGR 15 -064 AGR 15 -065 ABS SMITH AGR 15 -066 AGR 15 -067 AGR 15 -068 F-11' Bakersfield, California, March 25, 2015 - Page 9 8. CONSENT CALENDAR continued P. Agreement with Dokken Engineering ($207,000.00; Agreement funded by Transportation Development Funds and utility surcharges) for engineering design services for the Truxtun Avenue Widening Project (TRIP). q. Amendment No. 2 to Cooperative Agreement 10 -110 (Caltrans Agreement No. 06 -1471) with the State of California Department of Transportation (Caltrans) reducing the City's contribution by $83,392.00 (from $90,000.00 to $6,608.00) towards preconstruction work needed for proposed improvements on SR 99 from SR 119 to Ming Avenue and from SR 204 to Olive Drive. Amendment No. 1 to Agreement No. 14 -059 with Pavement Recycling Systems, Inc, ($322,000; revised not to exceed $644,000 and extend term one year), for the continued supply of cold planning service, S. Amendment No. 1 to Agreement No. 14 -060 with Burtch Construction ($846,000; revised not to exceed $1,692,000 and extend term one year), for the continued supply of asphalt rejuvenator /sealant. t. Amendment No. 2 to Agreement No. 13 -174 with Zim Industries, Inc. dba Bakersfield Well and Pump Company ($340,000; revised not to exceed $850,000) for on -call services for maintenance and repair of the City's agricultural and domestic water wells, U. On -Call Environmental Services for Non - Federally Funded Capital Improvement Projects: 1. Amendment No. 2 to Agreement No. 12- 154 with Quad Knopf. Inc. ($150,000; revised not to exceed $250,000) and to extend the term to December 31, 2016. 7 ACTION TAKEN AGR 15 -069 AGR 10- 110(2) AGR 14- 059(1) AGR 14- 060(1) AGR 13- 174(2) AGR 12- 154(2) ..t.0 e t r 9 Bakersfield, California, March 25, 2015 - Page 10 CONSENT CALENDAR continued ACTION TAKEN ITEM &U, continued 2. Appropriate $10,000 Developer share of project cost to the Public Works Department's Capital Improvement budget within the Sewer Enterprise Fund (Wastewater Treatment Plant No. 3) for on -call environmental services required for future improvements to the Breckenridge Planned Drainage area. V. Belcourt at Seven Oaks Park on Campus Park Drive and Windermere Street; l . Agreement with Sierra Oaks Partners LLC AGR 15 -070 to develop and dedicate 8,2 gross acres of property, 2. License Agreement with Seven Oaks AGR 15 -071 West Master Homeowners Association for use of park facilities at said property, 3. Appropriate $392,000 Park Improvement Fund balance from Southwest Acquisition - Zone 1 to the Recreation and Parks Capital Improvement Budget within the Park Improvement Fund for the reimbursement of property, Property Acquisition Agreements - TRIP: W. Agreement with the Ottesen Family Trust AGR 15 -072 ($223,000) to purchase real property located at DEED 8170 4507 Woodlake Drive for the Centennial Corridor Project, X. Agreement with Burapa Chanpong and Lily AGR 15 -073 Chanpong, as Trustees of the Chanpong Family DEED 8171 2013 Trust, dated October 23, 2013 ($233,000) to purchase real property located at 700 Montclair Street for the Centennial Corridor Project, Y. Agreement with the Jose and Esperanza AGR 15 -074 Rodriguez ($240,000) to purchase real property DEED 8172 located at 713 Montclair Street for the Centennial Corridor Project. Z. Agreement with the Arturo and Maria Lozano AGR 15 -075 ($135,500) to purchase real property located at DEED 8173 121 Dunlap Street for the Centennial Corridor Project. F-�11 IA t Bakersfield, California, March 25, 2015 - Page 11 8. CONSENT CALENDAR continued aa. Agreement with Richard and Andrea Stricklen ($342,000) to purchase real property located at 2400 Beech Street for the 24th Street Widening Project, ab, Agreement with The Bank of New York Mellon fka the Bank of New York as Trustee for the Certificate holders of the CWALT, Inc., Alternative Loan Trust 2005 -J 10, Mortgage Pass Through Certificates, Series 2005 -J10 ($453,000) to purchase real property located at 2401 Beech Street for the 24th Street Widening Project. Bids: ac. Accept bid and approve contract with Gilliam and Sons, Inc. (not to exceed $3,5 million), for the earthmoving and hauling annual contract. ad. Accept bid and approve contract with Graylift, Inc. ($55,000), to furnish and install steel shelving units at the new PD Property Room. ae. Accept bid and approve contract with SAK Construction, LLC. ($374,216.00) for the Sewer Rehabilitation along California Avenue, P Street to Union Avenue. af, Rehabilitation of Two Sewer Lift Stations: 1. Accept bid and approve contract with Brough Construction Inc, ($515,965,00), for rehabilitation of two sewer lift stations (Olive Drive at Calloway Drive and Hageman Road at Jewetta Avenue). 2. Appropriate $125,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement budget for said project. ACTION TAKEN AGR 15 -076 DEED 8174 AGR 15 -077 DEED 8175 AGR 15 -078 AGR 15 -079 AGR 15 -080 AGR 15 -081 4.21,8 9 Bakersfield, California, March 25, 2015 - Page 12 CONSENT CALENDAR continued ACTION TAKEN ag. Sidewalk Improvements on Canteria Drive: 1. Accept bid and approve contract with AGR 15 -082 CenCal Construction ($50,404.10) for construction of improvements. 2. Transfer $60,000 savings realized on completed CIP Project (Pavement Rehabilitation on Truxtun Avenue) to the Canteria Drive project within the Capital Outlay Fund. Miscellaneous: ah. Acceptance of Audit Reports for the 2013 -14 Fiscal Year: Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2014. 2. Agreed Upon Conditions Report for the fiscal year ended June 30, 2014, 3, Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2014. 4. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended June 30, 2014 Successor Agency Business: ai. Receive and file successor agency payments from February 20, 2015, to March 12, 2015, in the amount of $40,000. Counciimember Smith announced that he would abstain, due to a conflict of interest, a source of income to himself, on items 8.j and 8.1. Counciimember Parlier requested that item 8.g. be removed for separate consideration. Motion by Vice -Mayor Hanson to adopt Consent APPROVED Calendar items 8.a. through 8.ai., with separate consideration of item 8.g. " 30 Bakersfield, California, March 25, 2015 - Page 13 8. CONSENT CALENDAR continued ACTION TAKEN g. Resolution of Intention No. 1835 to order the ROI 1835 vacation of the alley between 2280 Ming Avenue and 2300 Ming Avenue from Ming Avenue to June Avenue. Motion by Councilmember Parlier to adopt APPROVED Consent Calendar item 8.g. 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS a. Public Hearing to consider the Resolution to RES 033 -15 approve Amendment No. 2 to Development AGR05- 431(2) Agreement No. 05 -431 and Approval of Notice of Exemption (Old River Ranch). City Clerk Gafford announced memorandums were received by staff transmitting the proposed Resolution, correcting minor typos and revising the signature block on the agreement. Councilmember Smith announced that he would abstain, due to a conflict of interest, an entity involved in the proposed action is a source of income to himself, on item 10.a. City Attorney Gennaro made staff comments. Hearing item 10.a. opened at 6:21 p.m. No one spoke. Hearing item 10.a. closed at 6:22 p.m. Motion by Vice -Mayor Hanson to adopt the APPROVED Resolution approving Amendment No. 2 to ABS SMITH Development Agreement No. 05 -431 and approval of Notice of Exemption. 11. REPORTS None. 12. DEFERRED BUSINESS None. Bakersfield, California, March 25, 2015 - Page 14 13. NEW BUSINESS ACTION TAKEN a. Parking Garage Automation; 1. Agreement with Sentry Control Systems, AGR 15 -083 LLC in the amount of $136,951 for purchase, installation and maintenance of an automated parking garage system at the 18th and Eye Street parking garage; and 2. Resolution establishing parking fees and RES 034 -15 charges for the 18th and Eye Street parking garage; and 3. Approval of signage design for additional exterior signage at the 18th and Eye Street parking garage with an estimated cost of $25,000; and 4. Appropriation of $45,000 Parking Enterprise Fund Balance to the Capital Improvement Budget within the Parking Fund for completion of the projects. City Clerk Gafford announced e -mail correspondence was received from Janet Cater In support of the Item and requesting Council consider a parking attendant at the garage. Finance Director Smith advised of a correction to the Administrative Report and the PowerPoint presentation, the south exit machine is not programmed to accept cash, however, it will accept credit card payments at the gate, and there will be a pay on foot module in the garage where individuals can pay by either cash or credit card, Finance Director Smith made staff comments and provided a PowerPoint presentation. Motion by Councilmember Maxwell to approve New Business items 13.a.1 and 13.a.4, and continue items 13.a.2 and 13.a.3. Motion by Councilmember Smith to approve stairs APPROVED recommendation and adopt New Business item 13. a., NOES RIVERA, with option C as the design. MAXWELL E f Bakersfield, California, March 25, 2015 - Page 15 14. COUNCIL AND MAYOR STATEMENTS Councilmember Smith requested the Community Services Committee look into the possibility of buying out or removing a billboard, located in front of the 18", and Eye Street parking garage, so that it will not interfere with a future mural on the garage or reflect the City in a negative way. Councilmember Smith requested the Community Services Committee consider a Resolution in support of a marathon in Bakersfield. Councilmember Smith expressed his appreciation for the community's concern on pedestrian safety and for Council support; he feels it is important to look at pedestrian and bicycle safety not solely automobile travel. Councilmember Parlier requested an update regarding a noise complaint of a Kern Delta Pumping Facility on Akers Road, just south of Panama. Water Resources Manager Chianello responded that he has spoken with the Water Resources Manager of Kern Delta, advising him of the noise complaint; Kern Delta indicated they are willing to mediate the problem to lower the sound level but would like more direction from City staff on what decibel levels are allowed. Councilmember Parlier requested staff work with Code Enforcement and Kern Delta to help remedy the noise issue. Councilmember Sullivan stated she recently received a letter regarding issuance of tasers to Code Enforcement Officers; and requested that staff look into supplying Code Enforcement Officers with tasers for safety purposes, and determine what would be involved and if it would benefit the officers. City Attorney Gennaro advised Councilmember Sullivan that staff is aware of the letter; staff is working on it internally and intends to respond to the Council, as a whole, in short fashion, Mayor Hall asked Water Resources Manager Chianello and Public Works Director Fidler to stay after the meeting to discuss a couple of items. ACTION TAKEN «� J Bakersfield, California, March 25, 2015 - Page 16 15. ADJOURNMENT ACTION TAKEN Mayor Hall adjourned the meeting at 6:52 p.m. I ATTEST; 14� CITY CLERK and Ex *ofBakersfield f the Council of the D