HomeMy WebLinkAbout05/06/15 CC MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 6, 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, Sullivan (seated at 3:32 p,m,),
Parlier
Absent: None
2. PUBLIC STATEMENTS
a. The following individuals spoke in support of the
24th Street Widening Project and encouraged
staff to continue to work toward the expansion:
Michael Hawkesworth; Wayne Kress; and Tomas
Del Toro -Diaz.
3. WORKSHOPS
None.
4. CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code Section 54956.9(d)(1)
regarding Citizens Against the 24TH Street
Widening Project v. City, Kern County Superior
Court Case No, S- 1 500-CV-281556-KCT.
b. Public Employee Performance Evaluation - City
Manager; Closed session pursuant to
Government Code Section 54957(b)(1) /
54957.6,
C. Conference with Labor Negotiator pursuant to
Government Code section 54957.6,
ACTION TAKEN
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Bakersfield, California, May 6, 2015 - Page 2
CLOSED SESSION continued ACTION TAKEN
City Clerk Gafford announced a memorandum was
received from staff transmitting correspondence
received by Scott Kuney regarding the 24+" Street
Improvement Project.
Motion by Vice -Mayor Hanson to adjourn to Closed APPROVED
Session at 3:37 p.m.
Motion by Vice -Mayor Hanson to adjourn from Closed APPROVED
Session at 5:05 p.m.
CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing NO REPORTABLE
Litigation; Closed Session pursuant to ACTION
Government Code Section 54956.9(d)(1)
regarding Citizens Against the 24TH Street
Widening Project v. City, Kern County Superior
Court Case No. S- 1500 -CV- 281556 -KCT,
b, Public Employee Performance Evaluation - City CONTINUED TO
Manager; Closed session pursuant to NEXT MEETING
Government Code Section 54957(b)(1) /
54957,6.
c. Conference with Labor Negotiator pursuant to NO REPORTABLE
Government Code section 54957,6, ACTION
5. ADJOURNMENT
Mayor Hall adjourned the meeting at 5:15 p.m.
ATTEST; ^ ,/
CITY CLERK and Ex Offl&fClerk of
the Council of the City of Bakersfield
Bakersfield, California, May 6, 2015 - Page 3
REGULAR MEETING -5;15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Hanson,
Councilmembers Rivera, Maxwell, Weir,
Smith, Sullivan, Parlier
Absent: None
2. INVOCATION by Pastor Toure Tyler, The Cross Christian
Church.
3. PLEDGE OF ALLEGIANCE by Clara McGee,
kindergarten student at Patriots Elementary School.
Mayor Hall acknowledged the students from the Bakersfield
College Philosophy class in attendance at the meeting to
learn about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Tiffany Moore Nichols, American Legion
Auxiliary President, declaring May, 2015, "Poppy
Month ".
Ms. Nichols accepted the Proclamation and
made comments.
b. Presentation by Mayor Hall of an Award of Merit
conferred by the California Association for
Local Economic Development Awards of
Excellence Program to David Lyman, Manager
of the Bakersfield Convention and Visitors
Bureau, for that organization's outstanding
efforts and achievements in economic
development advertising, marketing, and
promotion during 2014.
Mr. Lyman accepted the Award and made
comments.
5. PUBLIC STATEMENTS
a. Jeffrey Jackson, representative of Freedom
Energy, presented material and spoke
regarding the Houston based company and
how they can help with the water crisis and
energy solutions.
ACTION TAKEN
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k r. 5 Bakersfield, California, May 6, 2015 - Page 4
5. PUBLIC STATEMENTS continued ACTION TAKEN
b. Jason Cater, Executive Director for Bike
Bakersfield, thanked the City Council and staff
for their support of Bike Bakersfield; announced
May is Bike Month and spoke regarding
Bike to School day, where bicycle safety is
taught to local kids; announced several
other events are planned this month in
partnership with different groups in the
community; and invited the Council to Join
them for Bike to Work Day on May 15th at 7:00
a.m., where bicyclists will ride to the Liberty Bell
on the corner of Truxtun Avenue and Chester
Avenue for refreshments.
Mayor Hall requested Mr. Cater contact him to
discuss the possibility of holding a bicycle
parade to promote bike safety.
c. Michael Hawkesworth and Wayne Kress spoke
in support of the 24th Street Widening Project
and encouraged staff to continue to work
toward the expansion,
e. Dennis Fox, member of the Kern Asthma
Coalition, announced that May is World
Asthma month; and invited the Council to
attend an event at the schools building on
May 30th.
6. WORKSHOPS
a. Presentation of the Proposed FY 2015 -16
Budget.
City Manager Tandy made staff comments and
provided a PowerPoint presentation,
Assistant City Manager Huot presented the financial
overview and provided a PowerPoint presentation.
Councilmember Rivera requested staff provide a
monetary value to the proposed sewer and refuse
increases.
Councilmember Maxwell requested to be provided
with a breakdown of exactly how the City is spending
the gas tax, traffic impact fees, transient occupancy
tax and utility surcharges on TRIP projects and how
much money is remaining.
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Bakersfield, California, May 6, 2015 - Page 5
7. APPOINTMENTS ACTION TAKEN
a. One appointment to the Planning Commission
due to the expiration of term of David Strong
(Ward 1), whose term expires April 30, 2015.
Motion by Councilmember Rivera to reappoint David APPROVED
Strong to a 4 -year term on the Planning Commission,
whose term expires on April 30, 2019.
8. CONSENT CALENDAR
Minutes:
a, Approval of minutes of the April 22, 2015,
Regular City Council Meetings.
Payments:
b. Receive and file department payments from
April 10, 2015 to April 23, 2015 in the amount of
$16,903,410.62, Self Insurance payments, from
April 10, 2015 to April 23, 2015 in the amount of
$215,128.91, totaling $17,118,539.53.
C. Payment of $180 from the City's General Fund
for contribution to the Downtown Bakersfield
Development Corporation (DBDC) for the
electrical costs for year -round lighting in the
alley adjacent to the City's parking structure
between H and Eye Street,
Ordinances:
d. Adoption of Ordinance amending Chapter ORD 4805
5.12 of the Municipal Code relating to bingo
games, and enacting Chapter 5.13 relating
to remote caller bingo. (FR 04122115)
Resolutions:
e, Resolution confirming approval by the City RES 041 -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,
4.
Bakersfield, Bakersfield, California, May 6, 2015 — Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
f. Sewer Connection fee assessment for 1717
Hendricks Lane:
1. Resolution confirming assessment for
sewer connection and authorizing the
collection of assessment by the Kern
County Tax Collector.
2. Agreement with Scott A. Doolittle and
Jacque V. Doolittle Revocable Living
Trust of 2002 to pay sewer connection
fees through the Kern County Tax
Collector.
g. Resolution of Intention No. 1836 preliminarily
adopting, confirming and approving the Public
Works Director's Report for the Consolidated
Maintenance District ( "CMD" herein) and the
2015 -2016 budget and setting the time and
place for hearing protests regarding the
amount of park landscaping assessments
to be levied throughout the CMD.
h. Resolution of Intention No, 1837 preliminarily
adopting, confirming and approving the Public
Works Director's Report for the Consolidated
Maintenance District ( "CMD" herein) and the
2015 -2016 budget and setting the time and
place for hearing protests regarding the
amount of street and median landscaping
assessments to be levied throughout the CMD,
Resolution of Intention No, 1838 preliminarily
adopting, confirming and approving the Public
Works Director's Report for twenty (20) Traffic
Signal Maintenance Districts ( "TSMD" herein)
and their 2015 -2016 budgets and setting the
time and place for hearing protests on the
amount of Traffic Signal assessments to
be levied for each TSMD.
Agreements:
j. Final Map and Improvement Agreement with
Sablewood Gardens, LLC (50%) and Urban
Land Advisors, LLC (50 %) for Tract 6921 located
on the north side of Rosedale Highway, west
of Alien Road.
RES 042 -15
AGR 15 -111
ROI 1836
ROI 1837
ROI 1838
AGR 15 -112
ABS SMITH
Bakersfield, California, May 6, 2015 - Page 7
8. CONSENT CALENDAR continued
k. Voice over Internet Protocol (VoIP) Phone
System:
Agreement with AT &T (initial cost not to
exceed $155,000; 5 year term) to
purchase required equipment for and
implement a hosted VolP phone system.
2. Transfer and Appropriate $155,000
Transient Occupancy Tax Fund Balance
to the Information Technology Division
Operating Budget within the Equipment
Fund.
Agreement with Pacific Gas and Electric
Company (PG &E) ($549,451.43; 100% Local
funds) for the Rule 20B utility relocation of
overhead electrical distribution facilities in
conflict with the SR -178 Widening Project. (TRIP)
M. Amendments to On -Call Civil Engineering
Services Agreements:
1. Amendment No. 1 to Agreement 13 -099
with Meyer Civil Engineering, Inc.
($150,000; revised not to exceed
$450,000) for additional On -Call
Engineering Services for the Capital
Improvement Program.
2. Amendment No. 1 to Agreement 13 -100
with Quad Knopf, Inc.($150,000; revised
not to exceed $450,000) for additional
On -Call Engineering Services for the
Capital Improvement Program.
3. Amendment No, 1 to Agreement 13 -101
with Ruettgers & Schuler Civil Engineers
($150,000; revised not to exceed
$450,000) for additional On -Call
Engineering Services for the Capital
Improvement Program.
n. Contract Change Order No. 1 to Agreement
No. 14 -304 with Bowman Asphalt, Inc.
($35,484.83; revised not to exceed $726,689.83),
for the shoulder widening at various locations:
Cottonwood Road, Morning Drive, and Old
River Road Project.
ACTION TAKEN
AGR 15 -113
AGR 15 -114
AGR 13- 099(1)
AGR 13- 100(1)
AGR 13- 101 (1)
AGR 14 -304
CCO 1
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Bakersfield, California, May 6, 2015 — Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
Property Acquisition Agreements - TRIP:
o. Agreement with Marita and Pepito Cruz
($130,000) to purchase real property located at
125 Williamson Way for the Centennial Corridor
Project.
P. Agreement with Ana Ramirez ($142,000) to
purchase real property located at 133 Dunlap
Street for the Centennial Corridor Project.
q. Agreement with Jerry L. Nichols, Trustee of the
Jerry L. Nichols Revocable Living Trust ($217,000)
to purchase real property located at 3308
Wood Lane for the Centennial Corridor Project.
Agreement with William Thorton Weymouth and
Meliie Weymouth, Trustees of the Weymouth
Family Trust ($222,000) to purchase real property
located at 4313 Kentfield Drive for the
Centennial Corridor Project.
Bids:
S. Accept bid and approve contract to High -Light
Electric, Inc. ($204,888.00) for Traffic Signal,
Lighting, and Synchronization Systems at Harris
Road and Mountain Vista Drive, and on Harris
Road from Mountain Vista Drive to Buena
Vista Road.
t. Accept bid and approve contract with Griffith
Company ($112,125.00) for Bike Lane
Improvements Phase 2: on Akers Road from De
Ette Avenue to White Lane, and on Akers Road
from Planz Road to Wilson Road.
Miscellaneous:
U. Appropriate and transfer $55,000 Transient
Occupancy Tax (T.O.T.) Fund Balance to the
Public Works Department's Capital
Improvement budget within the Capital Outlay
Fund to design and construct additional
seating at the Bright House Networks
Amphitheater,
AGR 15 -115
DEED 8197
AGR 15 -116
DEED 8198
AGR 15 -117
DEED 8199
AGR 15 -118
DEED 8200
AGR 15 -119
AGR 15 -120
Bakersfield, California, May 6, 2015 - Page 9
8. CONSENT CALENDAR continued
V. Acceptance of FY 2013 -14 Transportation
Development Act Funds Audit Reports:
Independent Auditor's Reports, Fund
Financial Statements, and
Supplementary Information,
2. Agreed Upon Conditions for the Fiscal
Year Ended June 30, 2014.
Successor Agency Business:
W. Receive and file Successor Agency payments
from April 10, 2015 to April 23, 2015 in the
amount of $2,195.45.
Councilmember Smith announced that he would
abstain due to conflict of interest, the proposed action
may have a financial effect on real property in which
he has an economic interest, on item 8.j.
Motion by Vice -Mayor Hanson to adopt Consent
Calendar items 8.a. through 8. w.
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider Consolidated Plan
2015 -2020, Analysis of Impediments to Fair
Housing Choice 2015 -2020, Citizen Participation
Plan, and First Year Action Plan.
b. Public Hearing to consider Resolution approving
the issuance of tax exempt multifamily housing
revenue bonds by the California Municipal
Finance Authority to benefit Mill Creek Village
CIC, LP (Chelsea Investment Corporation) for
the acquisition and construction of a 63 -unit
multifamily rental senior housing project
located at 508 18th Street, known as the 19th
Street Senior Apartments,
ACTION TAKEN
APPROVED
RES 043 -15
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Bakersfield, California, May 6, 2015 - Page 10
CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
C. Public Hearing to consider approval of the
issuance of tax - exempt revenue bonds by
American Baptist Homes of the West:
1. Resolution approving the issuance of tax RES 04415
exempt revenue bonds by the California
Statewide Communities Development
Authority to benefit American Baptist
Homes of the West for the financing and
refinancing of the acquisition,
construction, furnishing and equipping of
Rosewood Retirement Community
located at 1301 New Stine Road.
2. Indemnification agreement between the AGR 15 -121
City and American Baptist Homes of the
West,
d. Public Hearing to consider General Plan REMOVED FOR
Amendment 14 -0311, The City has requested a SEPARATE
general plan amendment to incorporate CONSIDERATION
administrative changes to the Land Use and SEE PAGE 13
Kern River Plan Elements of the Metropolitan
Bakersfield General Plan to reflect changes
previously adopted by the Kern County Board
of Supervisors.
1, Resolution approving the Notice of
Exemption and adopting the general
plan changes approved by the County
of Kern.
e. Public hearing to consider General Plan
Amendment /Zone Change No, 14 -0480;
Rosedale Land Development, Inc., representing
Bryan and Marie Batey Family Trust, (property
owner), has applied for a general plan
amendment and zone change on 94,2 acres
located on the west side of Santa Fe Way, north
of Austin Creek Avenue.
1, Resolution adopting a Negative RES 046 -15
Declaration, ABS SMITH
Q
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Bakersfield, California, May 6, 2015 - Page 11
CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
ITEM 9.E. CONTINUED
2. Resolution approving the general plan RES 047 -15
amendment changing the land use ABS SMITH
designation from R -IA (Resource -
Intensive Agriculture) and SR (Suburban
Residential) to LR (Low Density
Residential) and LI (Light Industrial) on
approximately 94.2 acres.
3. First reading of ordinance amending the FR
Official Zoning Map in Title 17 of the ABS SMITH
Municipal Code by changing the zone
district from A (Agriculture) and E (Estate)
to R -1 (One Family Dwelling), M -1 (Light
Manufacturing) and DI (Drilling Island) on
approximately 94.2 acres.
Consent Calendar Public Hearings opened at 6:36
p.m.
Richard Harriman requested item 9.d. be heard in
open session.
Consent Calendar Public Hearings closed, with the
exception of item 9.d., at 6:37 p.m.
Councilmember Smith announced that he would
abstain due to conflict of interest, a person or entity
involved in the proposed action is a source of income
to his company, on item 9.e.
Motion by Vice -Mayor Hanson to adopt Consent APPROVED
Calendar Public Hearings items 9.a., through 9.e., with
item 9.d. to be continued after Hearings item 10.a.
HEARINGS
a. Public Hearing to consider General Plan
Amendment /Zone Change No. 14 -0444;
McIntosh & Associates, representing Fairfax
Holdings, LLP, (property owner), has applied for
a general plan amendment and zone change
on 17.37 acres located at the northeast corner
of south Fairfax Road and east Wilson Road. An
appeal of the Planning Commission's decision
was submitted by McIntosh & Associates.
1, Resolution adopting a Negative RES 048 -15
Declaration.
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`61 Bakersfield, California, May 6, 2015 — Page 12
10. HEARINGS continued ACTION TAKEN
ITEM 10.A, CONTINUED
2. Resolution approving the General Plan RESO49 -15
Amendment changing the land use
designation from LR (Low Density
Residential) to HMR (High Medium
Density Residential).
3. Grant the appeal of the Planning
Commission's denial of the requested
Zone Change and First Reading of an
ordinance changing the zone district
from R -1 (One Family Dwelling) to R -2
(Limited Multiple Family Dwelling); with
the R -2 zoning being held in suspense,
Community Development Director Mclsaac made
staff comments and provided a PowerPoint
presentation.
Hearing opened at 6:44 p.m.
The following individuals spoke in opposition: Sandra
Porter (submitted written material); Jose Gutierrez;
Mark Gardner.
Roger McIntosh spoke in favor of staff's
recommendation and submitted written material.
The following individuals spoke in rebuttal opposition:
Sandra Porter; Mark Gardner; and Jose Gutierrez.
Roger McIntosh spoke in rebuttal support.
Hearing closed at 7:16 p.m.
Councilmember Rivera requested Ms. Porter provide
him with her contact information in order to set up a
meeting to discuss the traffic issues.
Councilmember Maxwell requested that Mr. McIntosh
speak with residents of this area and discuss what his
plans are for the future development of the area and
how he can work with the City and the County to
come up with possible solutions to the traffic problem.
Motion by Councilmember Rivera to approve the APPROVED
general plan amendment and zone change, with the
zone change being held in suspense.
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Bakersfield, California, May 6, 2015 - Page 13
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
d. Public Hearing to consider General Plan THIS ITEM WAS
Amendment 14 -0311; The City has requested a CONTINUED FROM
general plan amendment to incorporate PAGE 10
administrative changes to the Land Use and
Kern River Plan Elements of the Metropolitan
Bakersfield General Plan to reflect changes
previously adopted by the Kern County Board
of Supervisors.
1, Resolution approving the Notice of RES 045 -15
Exemption and adopting the general
plan changes approved by the County
of Kern.
Consent Calendar Public Hearings item 9,d, opened at
7:31 p.m,
Richard Harriman, Attorney on behalf of the Kern
County Advocates for Agriculture, the San Joaquin
Valley Environmental Defense Center, and the
residents of the northwest territories project, spoke in
opposition to staff's recommendation.
The Public Hearing was closed at 7:45 p.m.
Community Development Director Mclsaac made
staff comments.
Motion by Councilmember Smith to approve the APPROVED
Resolution.
Mayor Hall recessed the meeting at 7:49 p.m. and
reconvened the meeting at 7:57 p.m.
11. REPORTS
a. Hageman Road Flyover Project Update (TRIP)
Public Works Director Fidler made staff
comments,
TRIP Manager Budak made staff comments and
provided a PowerPoint presentation.
Rick Helgeson, Design Manager Caltrans, made
comments and answered questions.
Motion by Councilmember Weir to accept the APPROVED
report.
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Bakersfield, California, May 6, 2015 - Page 14
11. REPORTS continued ACTION TAKEN
b. Department Budget Presentations
I . General Government
Assistant City Manager Huot made staff
comments and provided a PowerPoint
presentation.
2. City Attorney's Office
City Attorney Gennaro made staff comments
and provided a PowerPoint presentation.
3. Financial Services
Finance Director Smith made staff comments
and provided a PowerPoint presentation,
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Parlier expressed appreciation to City
Manager Tandy, Police Chief Williamson, and
Councilmember Rivera for the opening of the
Bakersfield Police Southside Substation; and thanked
staff who worked hard to put on that event.
Councilmember Maxwell thanked The Bakersfield
Californian for an article they published which
described his vision for turning the downtown area into
a business friendly zone.
Councilmember Maxwell stated he would like to
discuss a project with Community Development
Director Mclsaac for the property located at 2L 7h Street
and F Street on the west side.
Councilmember Maxwell expressed appreciation to
the local radio stations for announcing watering
schedules daily.
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Bakersfield, California, May 6, 2015 - Page 15
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Maxwell stated the spaces in the 181h
and Eye Street Parking garage are extremely narrow
and requested staff look into restriping the parking
spaces to make it easier for people to get in and out
of their vehicles, and look at increasing access at the
entrances and exits.
Councilmember Smith thanked staff for the budget
presentations and feels it is great the community
can access this information on television and the City's
website.
Councilmember Smith expressed appreciation for the
expansion of the seating at River Walk Park; and
stated it is a great facility that is used by all residents
for concerts and events.
Councilmember Smith expressed appreciation for the
approval of bike lane improvements on Akers Road.
Mayor Hall Mayor Hall expressed his gratitude to
Councilmembers Parlier, Weir, and Sullivan for their
presence at the 14th Annual Great American Cleanup
event, which had 2,500 volunteers participate; he
thanked Sal Moretti, Frank Madrid and the Solid Waste
Department for assisting with the cleanup of the
exterior of tent city located on South Union Avenue; he
encouraged Councilmembers to get involved with
next year's cleanup event; announced the
sponsorships and contributions were greater this year
than ever before; and hopes next year will be the best
one yet.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at
MAYOR of the City of Ba
ATTEST;
CITY CLERK and Ex Officio kof
the Council of the City of Bakersfield
Bakersfield, California, May 6, 2015 — Page 16
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