HomeMy WebLinkAbout09/02/15 CC MINUTES2350
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" BAKERSFIELD CITY COUNCIL
' MINUTES
® MEETING OF SEPTEMBER 2, 2015
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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
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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.
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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.
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Bakersfield, California, September 2, 2015 - Page 3
4. PRESENTATIONS continued ACTION TAKEN
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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.
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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.
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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.
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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:
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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
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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.
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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