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HomeMy WebLinkAbout09/02/15 CC MINUTES2350 A " BAKERSFIELD CITY COUNCIL ' MINUTES ® MEETING OF SEPTEMBER 2, 2015 ro Council Chambers, City Hall, 1501 Truxtun Avenue Special Meeting- 4:00 p.m. Regular Meeting- 5:15 p.m. SPECIAL MEETING -4:00 P.M. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vlce -Mayor Hanson, Councilmembers Rivera, Maxwell, Weir, Smith, Sullivan, 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) (one matter). Motion by Vice -Mayor Hanson to adjourn to Closed APPROVED Session at 4:00 p.m. Motion by Councilmember Weir to adjourn from APPROVED Closed Session at 5:10 p.m. Meeting reconvened at 5:18 p.m. 4. CLOSED SESSION ACTION a. Conference with Legal Counsel - Potential STAFF WAS GIVEN Litigation; Closed Session pursuant to DIRECTION Government Code Section 54956.9(d)(2),(e)(1) (one matter). City Attorney Gennaro announced by unanimous ' motion, staff was directed to take the necessary steps to become a party at the CPUC proceeding, relative to California Water's application for Increased fees. Bakersfield, California, September 2, 2015 - Page 2 5. ADJOURNMENT ACTION TAKEN Mayor Hall adjourned the meeting at 5:1 a ' IVIAYOR of the City of Bakersflel CA ATTEST: J CITY CLERK and Ex Ofifff Clerk of the Council of the City of Bakersfield REGULAR MEETING -5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Hanson, Councllmembers Rivera, Maxwell, Weir, Smith, Sullivan, Parller Absent: None 2. INVOCATION by Mayor Hall. ' 3. PLEDGE OF ALLEGIANCE by Caml Williford, 3rd grade student at New Life Christian School. Mayor Hall acknowledged students from the Bakersfield College Political Science class in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation of a Proclamation to Murray Bradshaw, Kids Cancer Connecting volunteer, declaring September Childhood Cancer Awareness Month. Mr. Bradshaw was not present to receive Proclamaf on. b. Presentation by Mayor Hall of a Proclamation to KC the Bull, and Kern County Fair CEO Mike Olcott, declaring September 23rd through October 4th, 2015, Kern County Fair Days. Mr. Olcott accepted the Proclamation and made comments. , Bakersfield, California, September 2, 2015 - Page 3 4. PRESENTATIONS continued ACTION TAKEN ' C. Presentation by Mayor Hall of a Proclamation to Chris Frank the 2015 John Brock Community Service Award recipient, declaring the date September 10, 2015 as "Chris Frank Day" in the City of Bakersfield. Ms. Frank accepted the Proclamation and made comments. S. PUBLIC STATEMENTS a. Rachel Magnus, Curator of the Bakersfield Museum of Art, Introduced Erwin Ledford, Graphic Designer and Marketing Coordinator, and Andy Stanley, Chair of the Board of Directors, to the Council; Invited everyone to attend the museum's exhibition on September 10'^ featuring the following artists: Kenton Nelson, California Idealism which Includes scenes of oil and agriculture; Bradford J. Solomon, The Art of Objects, paintings of vintage objects; The Hilbert Collection, with Woven In Tradiflon Navajo Textiles; announced ' their 17m annual Via Aft Italian Street Painting Festival will be held October l Om through l lm; and submitted written material. b. Jennifer Sanchez, graduate student and Executive Vice President of Associated Students Incorporated at California State University Bakersfield, Invited the Council to the CSUB Week of Welcome; stated students at CSUB are committed to being good stewards of the environment and reducing their carbon footprint by recycling and taking alternative transportation; announced CSUB started a bike share program which allows students, faculty and staff to rent bicycles for free; Invited the Council to attend the official launch of the bike share program on Wednesday, September 16m, at 7:30 a.m.; asked for the Council's support of the University's application to the League of American Bicyclists, to be designated as a bicycle friendly University; and submitted written material. t 2352 2353 Bakersfield, California, September 2, 2015 - Page 4 S. PUBUC STATEMENTS continued ACTION TAKEN C. Roger Southfield spoke regarding a compassionate care center program that will assist cities with the distribution of medical cannabis. d. Dr. Carole Casteen spoke regarding the dangers of legal fireworks and suggested the City Council ban the use of personal fireworks In the City; recommended the development of a coalition of Individuals Interested In supporting non - profit organizations with developing fundralsing efforts that do not Involve selling fireworks; and recommended the Council create a committee to develop a safe and sane celebration for the 4m of July, involving a parade and food, followed by a fireworks display administered by professionals, at The Park at River Walk. e. Stacy Inman, on behalf of the AILS Association Golden West Chapter, requested a memorial be placed at The Park at River Walk In honor of their association, which has held a 'Walk to Defeat ALS" annually at The Park at River Walk, and raised over $1 million for the community, since 2004. Vice -Mayor Hanson asked Ms. Inman to speak with staff regarding her request; and requested the Planning and Development Committee discuss the possibility of creating an ALS memorial at The Park at River Walk. Michael Fagans and Zachary Griffin Invited the Council to Join them on a Tour Against Human Trafficking, October 2nd through October 230, beginning In Taft and continuing north until Modesto; announced a screening of 'The Trafficked Life", directed and co- produced by Michael Fagans, will be held on September 19m at St. Paul's Episcopal Church; advised people Interested in learning more about their efforts to combat human trafficking can visit their webslte at www.TourAaalnstTrafficklno.ora; and submitted written material. 1 .23-51 Bakersfield, California, September 2, 2015 - Page 5 5. PUBLIC STATEMENTS continued ACTION TAKEN Councilmember Parlfer requested the Safe Neighborhoods and Community Relations Committee discuss efforts to address the human trafficking problem in the City; asked the Police Department to provide an update on the issue during the Committee meeting; and requested Mr. Fagan and Mr. Griffin be in attendance at the meeting. g. Jeanne Radsick, on behalf of the Bakersfield Association of Realtors, spoke regarding concerns with the Impacts Property Assessed Clean Energy programs are having on consumers; and requested the Council postpone Consent Calendar Item 8.d. to the next scheduled meeting, In order to allow the Bakersfield Assoclatlon of Realtors to work with staff and adequately express their concerns. h. The following individuals spoke In support of Property Assessed Clean Energy programs In the Clty of Bakersfield: James Ross, Ygrene ' Energy Fund (submitted written material); Adam Roberts, Regional Account Manager for Ygrene Energy Fund; Greg Devahl; and Alan Alvarez Eco Green Contractors; Councilmember Rivera announced he intends to remove Consent Calendar item 8.d. for separate consideration, and ask the item be revisited on September 16th, in order to allow time for questions and concerns to be answered. The following individuals spoke in support of a Resolution on renewing the Solar Investment Tax Credit: Harlan Od6; Dan Mello; Curtis Nell; Brian McCarty: Ricardo Armendarez and Jeff Brown, Councilmember Rivera requested staff prepare a Resolution in support of the investment tax credit and bring it to the meeting in October for Council consideration. J. Curtis Bingham, Sr., Street Evangellst, expressed ' appreciatlon and gave blessings to Mayor Hall, Councilmembers, and the Police Department, for the work they do for the City. 2155 Bakersfield, California, September 2, 2015 - Page 6 6. WORKSHOPS ACTION TAKEN None. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the August 12, 2015, Regular City Council Meetings. Payments: b. Receive and file department payments from July 31, 2015 to August 20, 2015, In the amount of $30,376,523.58. Self- Insurance payments from July 31, 2015 to August 20, 2015, In the amount of $417,755.81, totaling $30,794,279.39. Ordinances: C. Adoption of the following Ordinances amending various sections of the Municipal Code: ' 1. Amending Section 2.04.080 relating to ORD 4824 City Council Consent Calendar Agenda Items. 2. Amending Section 5.50.100 relating to ORD 4825 Advertising on Taxicabs. 3. Amending Section 8.27.010 relating to ORD 4826 Maintenance of property. 4. Adding Chapter 15.56 relating to ORD 4827 Expedited Permitting Procedures for Small Residential Rooftop Solar Systems. 5. Amending Section 16.32.060 relating to ORD 4828 Tract Map Improvements. 6. Amending Section 17.60.070 relating to ORD 4829 Specialized Signs. Bakersfield, California, September 2, 2015 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN Resolutions: d. Approval of Two (2) Property Assessed Clean Energy (PACE) Programs In the City of Bakersfield: California Home Finance Authority PACE Program - Ygrene 1. Resolution Consenting to the Inclusion of Properties, within the City's Jurisdiction, in the California Home Finance Authority Community Facilities District NO. 2014 -1 (Clean Energy) to Finance Renewable Energy Improvements, Energy Efficiency and Water Conservation Improvements and Electric Vehicle Charging Infrastructure and Approving Associate Membership In the Joint Exercise of Powers Authority related Thereto (SB 555). 2. Resolution Consenting to the Inclusion of ' Properties, within the City's Jurisdiction, In the California Home Finance Authority Program to Finance Renewable Energy Generation, Energy and Water Efficiency Improvements and Electric Vehicle Charging Infrastructure and Approving Associate Membership In the Joint Exercise of Powers Authority related Thereto (AB 811). 3. Indemnification and Insurance Agreement. California Municipal Finance Authority PACE Program - Energy Efficient Equity (" E3'D and PACE Funding 1. Resolution Consenting to the Inclusion of Properties, within the City's Jurisdiction, In the CMFA PACE Program; Authorizing CMFA to Accept Applications from Property Owners, Conduct Contractual Assessment Proceedings and Levy Contractual Assessments within the ' Territory of the City. 2. Indemnification Agreement. REMOVED FOR SEPARATE CONSIDERATION 2356 Bakersfield, California, September 2, 2015 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN e. Revised and New Job Specifications - Change to Salary Schedule and Reclassification: 1. Amendment No. 4 to Resolution No. 079- RES 079 - 13(4) 13 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Police Computer Forensic Examiner. 2. Revised Job Specification: Traffic Signal Technician (# 15310) 3. New Job Specification: Police Computer Forensic Examiner (# 21400) 4. Reclassification: Police Service Technician to Police Computer Forensic Examiner. Resolution confirming approval by the City RES 107 -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. g. Resolution Adopting Sewer Connection Fees RES 108-15 Pursuant to Section 14.12.380 of the Municipal Code. h. Resolution vacating Resolution No, 108 -12, REMOVED FOR which certified the Final Environmental Impact SEPARATE Report (SCH# 2011021042) for the Kern River CONSIDERATION Flow and Municipal Water Program. I. Resolution vacating Resolution No. 029 -14, REMOVED FOR which certified Final Environmental Impact SEPARATE Report (SCH# 2008041070) and approved the CONSIDERATION 24th Street Improvement Project. 1 Bakersfield, California, September 2, 2015 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN Resolution determining that Autoscope Rack RES 111.15 Vision Terra Video Detection Systems cannot be obtained through the usual bidding procedures because of the need to integrate said systems Into existing traffic signal Infrastructure and authorizing the Finance Director to dispense with bidding therefore, not to exceed $90,000 for FY 2015/16. k. 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 4- 138 (900 Dr. Martin Luther King, Jr. RES 112 -15 Boulevard) 2. Area 5-79 (2200 Wlble Road) RES 113 -15 I. Resolution of Intention No. 1853 to add Area 3- Rol 1853 97 (northwest corner of Panama Lane and Old River Road) to the Consolidated Maintenance District and preliminarily approving, confirming, ' and adopting the Public Works Director's Report. M. Resolution of Intention No 1846 to order the ROI 1846 vacation of the alley east of V Street between 20th Street and 21 st Street within Block 218 and 219 of Godey Tract. Agreements: n. Final Map and Improvement Agreement with AGR 15 -207 Symbolic Investment & Operating Company, LLC for Tract 6364 Phase 6, located west of Allen Road and North of Relna Road. o. Agreement with ABS Surplus -O LLC, and AGR 15 -208 Indemnification of Albertson to allow the City to utilize a vacant lot at the southwest corner of Stockdale Highway and Buena Vista Road on October 1 and 4, 2015, to accommodate additional parking for two different special events at the Park at River Walk. 1 2358 2359 Bakersfield, California, September 2, 2015 - Page 10 8. CONSENT CALENDAR continued ACTION TAKEN P. Median Landscaping on Buena Vista Road between White Lane and Campus Park Drive: Median Fee Reimbursement Agreement AGR 15.209 (not to exceed $80,856.00) with Sierra Oaks Partners, LLC ( "Developer ") for median construction and median landscaping on Buena Vista Road between White Lane and Campus Park Drive. 2. Appropriate $80,856.00 developer share project cost to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund to fund reimbursement to Developer. q. Amendment No. 1 to Agreement No, 14 -318 AGR 14318(1) with General Tree Service Incorporated ($325,000; not to exceed $650,000 and extend the term to June 30, 2016) to continue the tree trimming service. r. Contract Change Order No. 27 to Agreement AGR 13 -140 No. 13-140 with Security Paving Company, Inc. CCO 27 (decrease of $121,355.84; revised not to exceed $14,228,302.03), for the SR -58 Gap Closure Project. Property Acquisition Agreements - TRIP: S. Agreement with Victor Cotera ($277,000) to AGR 15 -210 purchase real property located at 4409 DEED 8263 Kensington Avenue for the Centennial Corridor Project. t, Agreement with David and Loretta Balnton, AGR 15 -211 Trustees of the Balnton Llving Trust dated DEED 8264 1/5/ 1992 ($242,000) to purchase real property located at 804 Del Rey Court for the Centennial Corridor Project. U. Agreement with Arnulfo Covarrublas ($243,000) AGR 15 -212 to purchase real properly located at 608 DEED 8265 Montclair Street for the Centennial Corridor Project. Bakersfield, California, September 2, 2015 - Page 11 8. CONSENT CALENDAR continued ACTION TAKEN ' V. Agreement with Landeron, LLC ($438,300) to AGR 15 -213 purchase real property located at 5085 DEED 8266 Easton Drive for the Centennial Corridor Project. W. Agreement with Filemon Pedraza ($138,000) to purchase real property located at 7 North Stine Road for the Centennial Corridor Project. Bids: X. Extend bid for a four axle side loading refuse truck ($346,431.17) from Golden State Peterbllt for the Public Works Department, Solid Waste Division. Y. Accept bid from Golden State Peterbilt, Bakersfield, ($2253,391.53) for seven replacement front loader refuse trucks for the Public Works Department Solid Waste Division. Z. Accept bid and approve contract with Plank and Harvey, Inc., dba Cen -Cal Construction (not to exceed amount of $1,773,131.50) for the annual contract for concrete construction. ' aa. Accept bid and approve contract with Robertson Industries, Inc. ($136,466), for replacement playground rubberized surfacing at various parks. Miscellaneous: ab. Appropriate $8,640 contribuflons from the Bakersfield Foundation to the Police Department Operating Budget within the General Fund to offset the costs of the purchase of a Police Canine. ac. Appropriate $50,000 State Grant Revenue for the Waste Tire Enforcement Grant Program to the Community Development Services Operating Budget in the General Fund. Successor Agency Business: ad. Settlement Agreement and Mutual Release between the Successor Agency and the Kern Community College District regarding AS ' 1290 Pass - Through Underpayments of the former Bakersfield Redevelopment Agency. AGR 15 -214 DEED 8267 AGR 15 -215 AGR 15 -216 AGR SA I5 -002 2390 3Ft Bakersfield, California, September 2, 2015 - Page 12 8. CONSENT CALENDAR continued ACTION TAKEN Councilmember Rivera requested item 8.d. be removed for separate consideration. Councilmember Smith requested item 8.h. be removed for separate consideration. Councilmember Maxwell requested item 8.1. be removed for separate consideration. Motion by Vice -Mayor Hanson to adopt Consent APPROVED Calendar items 8.a. through 8.ad. with the removal of items 8.d., 8.h., and 8.i. for separate consideration. d. Approval of Two (2) Property Assessed Clean Energy (PACE) Programs In the City of Bakersfield: California Home Finance Authority PACE Program - Ygrene Resolution Consenting to the Inclusion of Properties, within the City's Jurisdiction, in the California Home Finance Authority Community Facilities District NO. 2014 -1 (Clean Energy) to Finance Renewable Energy Improvements, Energy Efficiency and Water Conservation Improvements and Electric Vehicle Charging Infrastructure and Approving Associate Membership In the Joint Exercise of Powers Authority related Thereto (SB 555). 2. Resolution Consenting to the Inclusion of Properties, within the City's Jurisdiction, in the California Home Finance Authority Program to Finance Renewable Energy Generation, Energy and Water Efficiency Improvements and Electric Vehicle Charging Infrastructure and Approving Associate Membership In the Joint Exercise of Powers Authority related Thereto (AB 811). 3. Indemnification and Insurance Agreement. 2362 Bakersfield, California, September 2, 2015 - Page 13 8. CONSENT CALENDAR continued ACTION TAKEN ITEM B.D. CONTINUED ' California Municipal Finance Authority PACE Program - Energy Efficient Equity (E3") and PACE Funding 1. Resolution Consenting to the Inclusion of Properties, within the City's Jurisdiction, In the CMFA PACE Program; Authorizing CMFA to Accept Applications from Property Owners, Conduct Contractual Assessment Proceedings and Levy Contractual Assessments within the Territory of the City. 2. Indemnification Agreement. Councllmember Rivera asked the persons who spoke In support of PACE programs this evening, to provide staff with their contact information. Motion by Councllmember Rivera to continue Consent APPROVED Calendar item 8.d. to the September Id^ City Council meeting. ' h. Resolution vacating Resolution No, 108 -12, RES 109 -T5 which certified the Final Environmental Impact Report (SCH# 2011021042) for the Kern River Flow and Municipal Water Program. Motion by Councilmember Smith to adopt Consent APPROVED Calendar item 8.h. I. Resolution vacating Resolution No. 029 -14, RES 110-15 which certified Final Environmental Impact Report (SCH# 2008041070) and approved the 24th Street Improvement Project, Councilmember Maxwell requested the following suggestions be included in the supplemental EIR: Golden State with the Hageman Flyover as a viable alternative route; restriping 24m Street to six lanes in the tree area, three in each direction, with no middle turn lane, and four lanes on 231a Street and 24m Street, in the couplet area; removal of the house located on the southeast comer of 241fi and B Street, to smooth out the corner; suggested the Council consider combining these two alternatives into one alternative in order to accomplish the goals of the project and pay for it with C TRIP money; if construction of Hageman Flyover was started first, 24m Street may not need to be widened and therefore save $30 million in construction costs. ^363 Bakersfield, California, September 2, 2015 - Page 14 8. CONSENT CALENDAR continued ACTION TAKEN Motion by Councilmember Maxwell to adopt Consent APPROVED Calendar item 8.i. 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS a. U.S. Department of Housing and Urban Development (HUD) Action Plan Amendments: 1. FY 2010 -11 Amendment No. 12 -Create Neighborhood Stablllzatlon Program (NSP) Housing Acquisition and Preservation Program (NSP) with $141,352 Program Income, and approprlate $141,352 to the NSP operating budget; 2. FY 2011 -12 Amendment No. 4 - Increase Fire Station 1 Improvements Project $20,000 Community Development Block Grant (CDBG) project savings and change project scope; 3. FY 2014 -15 Amendment No. 5a - Transfer $250,000 HOME Investment Partnership Program (HOME) from New Construction Assistance Program to Housing Urban Bakersfleld Down Payment Assistance; 4. FY 2014 -15 Amendment No. 5b - Create Dr. Martin Luther King Jr. Park and Community Center Ughting Improvements Project with $130,000 project savings; 5. Appropriate $2685 to the CDBG Operating Budget. Hearing Item 10.a. opened at 6:37 p.m. No one spoke Hearing Item 10.a. closed at 6:38 p.m. Motion by Vice -Mayor Hanson to approve APPROVED staffs recommendation and adopt the amendments and appropriations. 1 369 Bakersfield, California, September 2, 2015 - Page 15 REPORTS None, 12. DEFERRED BUSINESS None, 13. NEW BUSINESS a, League of California Cities Annual Conference appointment of voting delegate(s) and City Position on Conference Resolution(s). Assistant City Manager Teglia made staff comments. ACTION TAKEN Motion by Councilmember Smith to appoint APPROVED Councilmember Weir to be the delegate, and adopt staff's recommendation on the Resolutions being proposed by the League. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Rivera requested staff continue to work towards the formation of a youth commission that will advise the City Council on issues confronting ' young people; and requested staff identifies a date he can make a presentation to the Council. Councilmember Rivera requested staff prepare a Resolution in support of SB X25, enacting additional restrictions on the sale and use of e- cigareffes, and once approved submit the Resolution to the author and local legislators. Councilmember Parlier requested the Legislative and Litigation Committee review possible options in developing an administrative process in the Municipal Code to address violations. Councilmember Hanson congratulated the list of 50 businesses that have reduced wafer usage in Bakersfield. Councilmember Smith requested staff remove the dead coastal redwood trees, from the center median, on Calloway Drive between Rosedale Highway and Hageman Road. L 11165 Bakersfield, California, September 2, 2015 - Page 16 15. ADJOURNMENT Mayor Hall adjourned the meeting at 6:44 p.m. MAYO of the City of Bakersflel , CA ATTEST: �-/" V�/� CITY CLERK and Ex Offlclo Cl of the Council of the Clty of Ba ersfleld ACTION TAKEN F J 1