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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 2250 -'2 5 1 4 5. 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 x 5('> 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. ?254 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 Z256 57 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 w a 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 10. 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. 22" 60 `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. 1 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. 2262 ?Z'63 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. ` 64 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 * ** *THIS PAGE INTENTIONALLY LEFT BLANK * * ** Fl,'