HomeMy WebLinkAbout06/03/15 CC MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 3, 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 (seated at 3:34
p.m.), Maxwell, Weir, Smith, Sullivan
(seated at 3:34 p.m.), Parlier
Absent: None
2. PUBLIC STATEMENTS
None,
3. CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
Government Code Section 54956.9(d)(2),(e)(1)
(three matters).
b. Conference with legal Counsel - Existing
Litigation; Closed session pursuant to
Government Code section 54956.9(4)(1), Land
Lot 1, LLC v. City of Bakersfield Kern County
Superior Court Case No. S- 1500 -CV- 263357, SPC,
ACTION TAKEN
Motion by Vice -Mayor Hanson to adjourn to Closed APPROVED
Session at 3:31 p.m.
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 5:17 p.m.
22 ?9
Bakersfield, California, June 3, 2015 - Page 2
4. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
Government Code Section 54956.9(d)(2),(e)(1)
(three matters).
b. Conference with legal Counsel - Existing
Litigation, Closed session pursuant to
Government Code section 54956.9(d)(1), Land
Lot 1, LLC v. City of Bakersfield Kern County
Superior Court Case No. S- 1500 -CV- 263357, SPC.
5. WORKSHOPS
None.
6. ADJOURNMENT
Mayor Hall adj4
ACTION TAKEN
(I)NO REPORTABLE
ACTION (2) NO
REPORTABLE ACTION
(3)STAFF WAS GIVEN
DIRECTION
NO REPORTABLE
ACTION
ATTEST.
CITY CLERK and Ex OffleeClerk of
the Council of the City of Bakersfield
REGULAR MEETING -5:26 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Hanson,
Councilmembers Rivera, Maxwell, Weir,
Smith, Sullivan, Parller
Absent: None
City Manager Tandy announced the Fourth of July
Celebration at the Park at River Walk will take place
this year thanks to San Joaquin Community Hospital
and Kaiser Permanente for funding the event, AEG
located a replacement firework vendor; and indicated
the San Joaquin Community Hospital spokesperson,
Jimmy Phillips, can be reached at 869 -6563; and Leslie
Golich, Kaiser Permanente spokesperson, can be
reached at 334 -2040.
Bakersfield, California, June 3, 2015 - Page 3
I . ROLL CALL continued
Councilmember Parlier expressed his appreciation to
staff, Kaiser Permanente, San Joaquin Community
Hospital and the Bakersfield Police Officers Association
for their contribution to the fireworks show.
2. INVOCATION by Councilmember Maxwell.
3. PLEDGE OF ALLEGIANCE by Alden Moore, 4th grade
student at Olive Knolls Christian School.
4. PRESENTATIONS
a. Presentation of Certificates of Appreciation to
Ryan Nance representing the Southwest
Regional Council of Carpenters, Greg Collins,
President of Rebuilding Together Kern County,
and Claudia Quinones, representing Sears, for
making repairs to the home of disabled veteran
Ron! Marlow,
Councilmember Rivera made comments.
Mayor Hall presented Claudia Quinones, Ryan
Nance, and Greg Collins with the Certificates of
Recognition and made comments.
5. PUBLIC STATEMENTS
a. Robert Campbell spoke regarding the need for
more than one ambulance service provider in
Kern County.
b. John Decker spoke regarding his property
located at 2128 18th Street and his concerns
with the proposed 19th Street lofts.
Councilmember Maxwell requested staff provide him
with a written response to Mr. Decker's concerns.
Motion by Councilmember Maxwell to move Hearing
item 10.b. forward on the agenda, to be heard before
Workshops item 6. a.
ACTION TAKEN
APPROVED
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Bakersfield, California, June 3, 2015 - Page 4
10. HEARINGS ACTION TAKEN
b. Public Hearing to consider a Resolution denying
an appeal of the Board of Zoning Adjustment's
approval of Conditional Use Permit /Zoning
Modification (CUP /ZM) No. 15 -0067 and
adopting CUP /ZM No. 15 -0067 proposed by
Solomon Ferguson Architects to construct a 28-
unit apartment complex and reduce the front
building setback from 43 feet to 6 feet and the
rear building setback from 15 feet to 7 feet, in
a C -O (Professional and Administrative Office
Zone) district located at 2125 18th Street,
subject to conditions of approval. A finding that
the project is exempt from the California
Environmental Quality Act will also be
considered.
A staff memorandum was received transmitting 14
e -mails and written correspondence in support, and a
petition in opposition with 128 signatures.
Hearing item 10.b, opened at 5:47 p.m.
Motion by Councilmember Maxwell to continue APPROVED
Hearing item 10.b, to the meeting of July 22, 2015 in
order to allow more time for negotiations between the
differing parties.
6. WORKSHOPS
a. Department Budget Presentations
1, Community Development
Community Development Director Mclsaac
made staff comments and provided a
PowerPoint presentation.
Councilmember Maxwell asked staff to reach
out to the High Speed Rail Authority regarding
acquiring property near the proposed
alignment in order to move bus transportation
companies to that location.
i.
Bakersfield, California, June 3, 2015 — Page 5
6. WORKSHOPS continued ACTION TAKEN
2. Recreation and Parks Department
Recreation and Parks Director Hoover made
staff comments and provided a PowerPoint
presentation.
Councilmember Maxwell requested a copy of
the contract with AYSO for use of the State Farm
Sports Village.
Councilmember Smith asked staff to
accelerate the replacement of the playground
at Bill Park Greens.
3. Convention and Visitors Bureau
Convention and Visitors Bureau Manager
Lyman made staff comments and provided a
PowerPoint presentation.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a, Approval of minutes of the May 20, 2015,
Regular City Council Meetings.
Payments:
b, Receive and file department payments from
May 8, 2015, to May 20, 2015, in the amount of
$8,564,216,79 and self- insurance payments from
May 8, 2015, to May 20, 2015, in the amount of
$121,249.07, totaling, $8,685,465,86.
Bakersfield, California, June 3, 2015 - Page 6
8. CONSENT CALENDAR continued
ACTION TAKEN
Ordinances:
C. First Reading of the following Ordinances
amending various sections of the Municipal
Code:
1.
Amending Sections 2.18.012 and 2.18.050
FR
relating to Administration and Personnel
for Water Board,
2.
Amending Sections 2.28.0.030 relating to
FR
Administration and Personnel for
Planning Commission,
3.
Amending Sections 2.72.200 and 2.84.110
FR
relating to Temporary Employment, and
Section 2.84.490 re: Sick Leave Policy,
4.
Amending Sections 5.32.160 and 5,32.170
FR
relating to Massage /Bodywork
Establishments,
5.
Amending Sections 8.29.020 and 8.29.030
FR
relating to Litter.
6.
Amending Section 8.32.140 relating to
FR
Refuse /Solid Waste /Recycling.
7.
Amending Sections 10.32.070 & 10.32.110
FR
relating to Parking.
8.
Amending Section 10.48.020 relating to
REMOVED BY STAFF
Crosswalks.
9.
Amending Section 10.69.030 relating to
FR
Application and Fees for Special Events,
10.
Amending Section 12.36.010 relating to
FR
Construction by builder.
11,
Amending Section 16.16.030 relating to
FR
Tentative Maps,
12.
Amending Section 16.20.090 relating to
FR
Final Tract Maps.
13.
Amending Section 16.22.030 relating to
FR
Final Parcel Map,
14.
Amending Section 16.28.170 relating to
FR
Lots.
Bakersfield, California, June 3, 2015 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
ITEM 8.C. CONTINUED
15. Amending Section 16.32,070 relating to
Improvements.
16. Amending Section 17.06.050 relating
Designation of Zones.
Resolutions:
Cl. Collection of delinquent refuse and sewer
charges by the Kern County Auditor - Controller's
Office on Fiscal Year 2015/16 Property Tax Rolls;
1, Resolution providing for the collection of
delinquent refuse fees,
2. Resolution providing for the collection of
delinquent sewer fees.
e. Resolution confirming approval by the City
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.
f. Resolution dispensing with bidding procedures
due to emergency purchase of SulfaTreat
media for two digester gas treatment tanks at
Wastewater Treatment Plant No. 3, not to
exceed $55,000.
g. Resolution determining that certain Elgin
Sweeper Company equipment parts
cannot be reasonably obtained through the
usual bidding procedures and authorizing the
Finance Director to dispense with bidding
therefore, not to exceed $115,000.
h. Resolution determining that Bioxideg, a
proprietary chemical for sewer odor control
and reduction of sulfide gas levels, cannot be
reasonably obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding thereof for a
period of one year, not to exceed $850,000.
FR
FR
RES 060 -15
RES 061 -15
RES 062 -15
RES 063 -15
RES 064 -15
RES 065 -15
FrArplb
8.
Bakersfield, California, June 3, 2015 - Page 8
CONSENT CALENDAR continued ACTION TAKEN
Agreements:
I. Agreement with SJE Rhombus ($984,145.00) for AGR 15 -129
design, programming and installation for the
SCADA System Upgrade of Sewer and Storm Lift
Pump Stations Project.
Agreement with A -C Electric Company (not to AGR 15 -130
exceed $200,000 annually) for electrical
services at the Mount Vernon Recycling Facility
for a one -year period, renewable annually for
four consecutive one -year periods.
k. Agreement with BSK Associates Engineers & AGR 15 -131
Laboratories (not to exceed $89,040 for a three
year term) for groundwater sampling and
reporting to comply with discharge permits
issued by the California State Water Resources
Control Board for Wastewater Treatment Plants
No. 2 and 3.
I, Kern Delta Water District Encroachment Permit
AGR 15 -132
(no fee permit) to allow installation of a city
sewer line across the Branch One Canal near
Taff Highway.
M. Ditch Eradication Agreement between City
AGR 15 -133
and Lennar Homes of California ($142,952) for
DEED 8217
Kern River Canal and Irrigating Company 1 -5
Ditch.
n. Ditch Eradication Agreement between City
AGR 15 -134
and Woodside 06N, LP ($148,120) for Kern River
DEED 8218
Canal and Irrigating Company 1 -5 Ditch.
o. Final Map and Improvement Agreement with
AGR 15 -135
Castle & Cooke California, Inc., for Tract 6448
Phase 8 located at the southwest corner of
Stockdale Highway and Renfro Road.
P. Final Map, Improvement Agreements and AGR 15 -136
Landscape Agreements with Woodside 06N, LP AGR 15 -137
(Developer) for Tract 7240 Phase 1 and Tract AGR 15 -138
7240 Phase 2, located south of Stockdale AGR 15 -139
Highway and west of Renfro Road,
Bakersfield, California, June 3, 2015 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
q. Golden Empire Transit (GET) Bus Stops
Improvements;
Memorandum of Agreement with the
Kern Council of Governments to allocate
$360,000 of Proposition 1 B grant funds to
the City for improvements to Golden
Empire Transit bus stops.
2. Transfer $360,000 Proposition 1 B grant
appropriation from the Capital Outlay
Fund to the PTMISEA Fund for the GET Bus
Stops Improvement project,
Amendment No.I to Agreement No. 95 -153
with Richard Osborn, Jr, (no change to $40
monthly lease rate and extend term of lease)
for Hangar Space A -10 at the Bakersfield
Municipal Airport.
S. Amendment No, 3 to Agreement No. 12 -086
with Loop Electric, Inc. ($250,000; revised not to
exceed $969,760 and extend term one year),
for the continued service of vehicle loop
cutting.
t. Amendment No. 1 to Agreement No. 14 -091
with Kern Turf Supply, Inc, ($250,000; revised not
to exceed $500,000 and extend term one year),
for the continued supply of irrigation parts and
supplies,
Property Acquisition Agreements - TRIP:
U. Agreement with Landmark Hill, LLC ($1,450,000)
to purchase real property located at 25
Williamson Way for the Centennial Corridor
Project.
Bids:
V. Accept bid and approve contract with
AmeriPride Uniform Services, Bakersfield,
California, (not to exceed $473,579,16 for three
years) for industrial laundry service.
AGR 15 -140
AGR 95- 153(1)
AGR 12- 083(3)
AGR 14- 091(1)
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 15 -142
2286
8.
Bakersfield, California, June 3, 2015 - Page 10
CONSENT CALENDAR continued
W. LED Sports Lights project at the Rabobank
Arena:
1, Accept bid and approve contract to
Three Phase Electric ($330,433) for the
LED Sport Lights project at the Rabobank
Arena,
2, Transfer and Appropriate $330,433
Facility Reserve Fund Balance to the
Public Works Capital Improvement
Budget within the Capital Outlay Fund,
X. Accept bid and approve annual contract with
PBC SolutionOne, Inc., dba Commercial
Cleaning Systems, ($56,270) for janitorial
maintenance for City Hall North.
Y. Fire Station No, 8 Remodel Project:
1, Accept bid and approve contract with
Klassen Corporation ($1,829,670).
2. Agreement with RRM Design Group
($115,700) for Bidding and Construction
Support Services for Bakersfield Fire
Station No.8 Remodel.
3. Transfer and Appropriate $600,000 of
Facility Reserve Funds to the Public
Works Capital Improvement Budget
within the Capital Outlay Fund.
Miscellaneous:
Z. Appropriate $20,000 grant from the National
Recreation and Park Association to the
Recreation and Parks Department Operating
Budget within the General Fund for "Out -of-
School Time Programs" at the Dr, Martin Luther
King, Jr. Center.
aa. Appropriate $516,737 in Federal and State
Grant funds to the Fire Department Operating
budget within the General Fund for
reimbursement of personnel and equipment
costs for state -wide master mutual aid
assignments.
ACTION TAKEN
AGR 15 -143
AGR 15 -144
AGR 15 -145
AGR 15 -146
7
Bakersfield, California, June 3, 2015 — Page 11
8. CONSENT CALENDAR continued
ab, Transfer $200,000 CIP budget for the addition of
a fuel nozzle at the Corporation Yard's fueling
LNG Station to the addition of a fuel nozzle at
the City's LNG fueling station on Mt. Vernon
Avenue within the Refuse Enterprise Fund.
ac. Grant of easement to Pacific Gas & Electric to
relocate transmission towers for the Centennial
Corridor Project, (TRIP)
Successor Agency Business:
ad. Receive and file successor agency payments
from May 8, 2015, to May 20, 2015, in the
amount of $331,598.15.
City Clerk Gafford announced a memorandum was
received from staff requesting that item 8,c.8, be
removed from the agenda,
Councilmember Maxwell requested that item 8.u.
be removed for separate consideration.
Motion by Vice -Mayor Hanson to adopt Consent
Calendar items 8.a. through 8-ad., with the removal of
item 8. u. for separate consideration.
U. Agreement with Landmark Hill, LLC ($1,450,000)
to purchase real property located at 25
Williamson Way for the Centennial Corridor
Project.
Councilmember Maxwell requested to be provided
detailed information on the hidden costs of the
property acquisitions that include: the cost to move
the owner, the cost difference from where they are
currently and where they are moving, and include
these costs in the future, even if it is a projection.
Motion by Councilmember Maxwell to adopt Consent
Calendar item 8.u.
ACTION TAKEN
DEED 8220
APPROVED
AGR 15 -141
DEED 8219
APPROVED
'?39
a
Bakersfield, California, June 3, 2015 - Page 12
CONSENT CALENDAR PUBLIC HEARINGS
a. Protest Hearing to consider Resolution
approving and adopting the Public Works
Director's Report for the Consolidated
Maintenance District and the 2015 -2016
budget, confirming the park landscaping
assessments and authorizing collection of
assessments by the Kern County Tax Collector.
b. Protest Hearing to consider Resolution
approving and adopting the Public Works
Director's Report for the Consolidated
Maintenance District and the 2015 -2016
budget, confirming the street and median
landscaping assessments and authorizing
collection of assessments by the Kern County
Tax Collector.
C. Protest Hearing to consider Resolution
approving and adopting the Public Works
Director's Report for the Traffic Signal
Maintenance Districts and the 2015 -2016
budgets, confirming the assessments and
authorizing collection of assessments by the
Kern County Tax Collector.
d. Public Hearing to consider an adjustment to the
Water Availability Fee for the City's Domestic
Water System;
1. Resolution setting Domestic Water
Availability Fee for Ashe, Fairhaven and
Riverlakes Ranch service areas of the
City's Water System.
e. Public Hearing to consider resolutions adopting
sewer service user charges for Fiscal Year
2015/16 (Proposed 2,4% increase for residential
customers and average 5.65% Increase for
commercial customers subject to surcharges);
Resolution adopting increases to Fiscal
Year 2015/16 sewer and storm sewer user
rates.
2. Resolution providing for the collection of
residential and commercial sewer and
storm sewer service users charges by the
Kern County Auditor- Controller's Office,
ACTION TAKEN
RES 066 -15
RES 067 -15
RES 068 -15
RES 069 -15
RES 070 -15
RES 071 -15
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Bakersfield, California, June 3, 2015 - Page 13
9. CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN
f. Public Hearing to consider resolutions adopting
refuse and recycling rates for Fiscal Year
2015/16 (Proposed 4.8% rate increase):
1. Resolution adopting increases to Fiscal RES 072 -15
Year 2015/16 refuse and recycling rates.
2. Resolution providing for the collection of RES 073 -15
residential refuse and recycling charges
by the Kern County Auditor - Controller's
Office.
g. Public Hearing to consider Resolution adopting RES 074 -15
fees pursuant to the Cost Recovery System
(Master Fee Schedule),
The City Clerk's Office received written
correspondence regarding items 9.e. and 9,f.:
23 letters in opposition to increases in sewer and refuse
rates; 1 letter in opposition to increases solely on
sewer rates; 1 letter in opposition to increases solely on
refuse rates; and 1 letter in support of refuse rate
increases. No majority protest exists for items 9.e. and
9.f.
Consent Calendar Public Hearings opened at
6:55 p.m.
No one spoke.
Consent Calendar Public Hearings closed at 6:56 p.m.
Motion by Vice -Mayor Hanson to adopt Consent APPROVED
Calendar Public Hearings item 9.a. through 9.g.
10. HEARINGS
a. Public Hearing for the Fiscal Year 2015 -2016
Operating and Capital Improvement Program
Budgets.
Assistant City Manager Huot made staff
comments and recommended Council hear
public testimony regarding the Budget.
Hearing item 10,a. opened at 7:00 p.m.
No one spoke.
Hearing item 10.a. closed at 7:01 p.m.
'9l
Bakersfield, California, June 3, 2015 - Page 14
10. HEARINGS continued
b. Public Hearing to consider a Resolution denying
an appeal of the Board of Zoning Adjustment's
approval of Conditional Use Permlt /Zoning
Modification (CUP /ZM) No. 15 -0067 and
adopting CUP /ZM No. 15 -0067 proposed by
Solomon Ferguson Architects to construct a 28-
unit apartment complex and reduce the front
building setback from 43 feet to 6 feet and the
rear building setback from 15 feet to 7 feet, in
a C -O (Professional and Administrative Office
Zone)district located at 2125 18th Street,
subject to conditions of approval. A finding that
the project is exempt from the California
Environmental Quality Act will also be
considered.
11. REPORTS
a. Department Budget Presentations:
1. Fire Department
Fire Chief Greener made staff comments and
provided a PowerPoint presentation,
Motion by Councilmember Rivera asking
staff and the Fire Department to work with him
on finding funding in the budget to restore an
arson investigator position and bring a proposal
to the June 24th meeting for Council review.
2. Rabobank Arena, Theater and
Convention Center, Bright House
Networks Amphitheatre and San
Joaquin Community Hospital Ice Center.
AEG General Manager Dorman made staff
comments and provided a PowerPoint
presentation; and gave special thanks to
James Eudy, with Sunshine Metal Clad, Inc. and
Kevin Small, with K.S. Industries for their
contribution to the 4m of July fireworks
celebration at the Park at River Walk,
Councilmember Maxwell requested an update
regarding the development of an entertainment
center with the vacant properties surrounding
Rabobank Arena.
ACTION TAKEN
MOVED FORWARD
ON THE AGENDA
SEE PAGE 4
APPROVED
NS WEIR
D
F111
2292
Bakersfield, California, June 3, 2015 - Page 15
12. DEFERRED BUSINESS ACTION TAKEN
None.
13. NEW BUSINESS
a. Assessment District Bond Refinancing
Transaction:
Resolution of the City declaring RES 075 -15
preliminary intention to refund specified
limited obligation improvement bonds
and directing the preparation of a report
thereon for Reassessment District No.
15 -1 (Consolidated Reassessment
District);
2. Resolution of the City approving and RES 076 -15
confirming the report on the levy of
reassessments and the refunding of
limited obligation improvement bonds in
connection with Reassessment District
No. 15-1 (Consolidated Reassessment
District);
3. Resolution of the City authorizing RES 077 -15
Issuance of Limited Obligation Refunding AGR i5 -147
Bonds, Reassessment District No, 15-1 AGR 15 -148
(Consolidated Reassessment District),
AGR 15 -149
Series 2015 A and Series 2015 B (Federally
Taxable); approving a Bond Purchase
Contract, approving an Official
Statement; authorizing the Execution of
the Bonds; approving a Fiscal Agent
Agreement; approving a Refunding
Escrow Agreement; approving a
Continuing Disclosure Certificate; and
authorizing related actions and the
execution of related documents with
respect to the Issuance and Sale of the
bonds.
City Clerk Gafford announced that a memorandum
was received from staff transmitting appraisal data
and supplemental information.
Finance Director Smith made staff comments and
recommended adoption of the Resolutions.
Motion by Vice -Mayor Hanson to adopt the APPROVED
Resolutions.
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Bakersfield, California, June 3, 2015 - Page 16
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Rivera requested a letter of support
be sent on behalf of the City regarding AB 1335, which
provides communities with money for additional
affordable housing.
Councilmember Maxwell stated he has received
additional phone calls and complaints regarding the
maintenance of the properties purchased on 24th
Street and asked staff to come up with a plan to
better maintain the properties.
Councilmember Maxwell asked Police Chief
Williamson to begin patrolling 241h Street for drivers
exceeding the speed limit again.
Councilmember Maxwell asked for consideration of
different financing options for the 24th Street Widening
Project instead of using the County's $40 million
contribution to the City for TRIP projects.
Councilmember Smith requested a letter be sent on
behalf of the City to Governor Brown asking for
additional water supplies, drought assistance and
support for Federal drought legislation.
Mayor Hall expressed his appreciation to Recreation
and Parks Director Hoover for standing in for him on
the Bakersfield Sister City Project Corporation's recent
trip to Bucheon, South Korea and Wakayama, Japan.
Mayor Hall spoke regarding his recent visit with a
widow and her children and read a card she gave
him, which thanked him and the citizens of Bakersfield
for the donations and support provided to their family
following the death of her firefighter husband, who
was killed during the Yarnell Hill Fire in June, 2013.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at
MAYOR of the City of Bakersfield,
ATTEST;
CITY CLERK and Ex O io Clerk of
the Council of the Ci of Bakersfield
ACTION TAKEN
D