HomeMy WebLinkAbout09/16/15 CC MINUTES2366
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BAKERSFIELD CITY COUNCIL
' MINUTES
MEETING OF SEPTEMBER 16, 2015
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Council Chambers, City Hall, 1501 Tnixtun Avenue
Regular Meetings- 3:30 p.m. and 5:15 p.m.
REGULAR MEETING - 3:30 p.m. ACTION TAKEN
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Hanson,
Councllmembers Rivera, Maxwell, Weir,
Smith, Sullivan, Parier
Absent: None
2. PUBUCSTATEMENTS
None.
3. NEW BUSINESS
a. City Council Goals Update.
City Manager Tandy made staff comments.
Management Assistant Blaschke made additional staff
comments, provided a PowerPoint presentation and
video demonstrating the Police Department's
Involvement with the community as a result of the
IACP study and the City's social media page.
4. 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 3:51 p.m.
Motion by Councitmember Weir to adjourn from
Closed Session at 4:40 p.m. APPROVED
' Meeting reconvened at 5:09 p.m.
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Bakersfield, California, September 16, 2015 - Page 2
S. CLOSED SESSION ACTION ACTION TAKEN
a. Conference with Legal Counsel - Potential NO REPORTABLE
Litigation: Closed Session pursuant to ACTION
Government Code Section 54956.9(d)(2),(e)(1)
(one matter).
6. ADJOURNMENT
Mayor Hall adjourned the meeting at 5:10 P. /
MAYOP of the City of Bakersflel A
ATTEST,
G!a
J
CITY CLERK and Ex Offlclr rk of
the Council of the City df Bakersfield
REGULAR MEETING -5:15 p.m.
ROLL CALL
Present: Mayor Hall, Vice -Mayor Hanson,
'
Councllmembers Rivera, Maxwell, Weir,
Smith, Sullivan, Parller
Absent: None
2. INVOCATION by Pastor Daniel Elguezabal, Family
Community Center.
3. PLEDGE OF ALLEGIANCE by Jeff Wood, 7th grade
student at Warren Junior High School.
Mayor Hall called for a moment of silence In honor of Jesus
Leyva, who worked for the Recreation and Parks Department
since June 30, 2008, and passed away on Sunday in an
automobile accident.
Mayor Hall acknowledged students from the Bakersfield
College Political Science class in attendance at the meeting
to learn about City government.
Bakersfield, California, September 16, 2015 - Page 3
4. PRESENTATIONS ACTION TAKEN
' a. Presentation by Mayor Hall of a Proclamation to
Jay Tamsl, Hispanic Chamber of Commerce
President and CEO, declaring September 15 -
October 15, 2015, Hispanic Heritage Month.
Mr. Tamsl accepted the Proclamation and
made comments.
b. Presentation by Mayor Hall of a Proclamation to
Jennifer Henry of Links to Ufe declaring
October, 2015, Paint the Town Pink Month.
Ms. Henry accepted the Proclamation, made
comments, and submitted written material.
C. Presentation by Mayor Hall of a Proclamation to
Pat Brown declaring October 10th and 11 th,
2015, Jumpstart Classic Days,
Mr. Brown accepted the Proclamation and
made comments.
5. PUBUCSTATEMENTS
' a. Mike Lemyre, Vice President of Ygrene Energy
Fund, spoke regarding Property Assessed Clean
Energy programs and asked for the Council's
support on Consent Calendar Item 8.g.
b. Alana St. Clair spoke regarding drought
surcharges she has experienced as an
apartment complex owner., most apartment
and condominium complexes have many
tenants on one meter so there is no way
of knowing who is cooperating with the
conservation of water; feels apartment
complex owners should be placed In a
separate category and handled differently due
to the size of their properties.
Vice -Mayor Hanson thanked Ms. St. Clair for her
comments and advised her that representatives
from California Water Service Company will
respond to her concerns and questions in a
timely manner; and stated he will personally
follow up with her on this matter.
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Bakersfield, California, September 16, 2015 - Page 4
6. WORKSHOPS
ACTION TAKEN
None,
7. APPOINTMENTS
None,
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 2 2015,
Special and Regular City Council Meetings.
Payments:
b. Receive and file department payments from
August 21, 2015 to September 2 2015 In the
amount of $13,734,554.95, Self- Insurance
payments from August 21, 2015 to September 2
2015 In the amount of $188,033.23, totaling
$13,922,588.18.
Ora lnances:
Resolutions:
C. Resolution approving the destruction of certain
RES 114 -15
obsolete City records, documents, Instruments,
books and papers, pursuant to the sections
34090 et seq. of the government code of the
State of California - Finance Department.
d. Resolution in support of Senate BIII SBX2 -5
RES 115 -15
regarding E- cigareffes.
e. Resolution In support of Assembly Concurrent
RES 116 -15
Resolution No. ACR 107 renaming the Hosking
Road Interchange over State Route 99 as the
Bakersfield Police Officer David J. Nelson
Memorial Bridge.
f. Resoluflon rescinding Resolution No. 048-15
RES 117 -15
(Adoption of Mitigated Negative Declaration
for GPA/ZC 14 -0444 located at the Northwest
Comer of South Fairfax Road and East Wilson
Road), Resolution No. 049 -15 (Approval of
GPA/ZC 14- 0444), and First Reading of Zone
Change 140444.
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B.
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Bakersfield, California, September 16, 2015 - Page 5
CONSENT CALENDAR continued ACTION TAKEN
g. Approval of Two (2) Property Assessed Clean
Energy (PACE) Programs In the City of
Bakersfield: (deferred from the 09/02/15 meeting)
California Home Finance Authority PACE
Program - ygrene
1. Resolution Consenting to the Inclusion of RES 118 -15
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 RES 119 -15
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 AGR 15 -217
Agreement.
California Municipal Finance Authority PACE
Program - Energy Efficient Equity (" E3'D and
PACE Funding
1. Resolution Consenting to the Inclusion of RES 120 -15
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. AGR 15 -218
?370
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Bakersfield, California, September 16, 2015 -Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
Agreements:
h. Agreement with BC Laboratories, Inc. ($150,000)
for Laboratory Services for the Wastewater
Division.
Agreement with Horizon Water and
Environment, LLC, ($80,000) for developing and
Implementing a strategic approach to comply
with the Sustainable Groundwater
Management Act of 2014.
Independent Contractor's Agreement with
Carollo Engineers, Inc., ($90,000) for On -Call
Services for Implementing the 2014 Storm Water
Management Plan.
k. Final Map and Improvement Agreement with
MLDP Investments I, LLC and DTJ Development,
LLC for Tract 7222 Phase 1, located south of
Panama Lane and west of Stine Road.
Improvement Agreement and Landscape
Improvement Agreement with Bolthouse
Properties, LLC for Parcel Map 12135 Phase 1
located south of Bolthouse Drive and west of
Buena Vista Road.
M. Amendment No. 1 to Agreement No. 13 -165
with Bakersfield Society for the Prevention of
Cruelty to Animals ($60,000; not to exceed
$802,000 annually) for the management of the
City's Animal Care Center.
n. Amendment No. 2 to Agreement 14 -272 with
EQUARIUS Waterworks, Meter & Automation
Group (extending the term one year - no dollar
Increase) for the continued supply of water
meters.
AGR 15 -219 "'-
AGR 15 -220
AGR 15 -221
AGR 15 -222
Ass SMITH
AGR 15 -223
AGR 15 -224
AGR 13- 165(1)
AGR 14- 272(2)
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8.
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Bakersfield, California, September 16, 2015 - Page 7
CONSENT CALENDAR continued ACTION TAKEN
o. State Route 99 /Hosking Commercial Center
Project:
1. Amendment No. 1 to Agreement No. AGR 14 -138(p
14 -138 with ICIF Jones & Stokes, Inc., for
preparation of an Environmental Impact
Report (EIR) for the SR 99 /Hosking
Commercial Center project located at
the northwest corner of South H Street
and Hosking Avenue, with State Route 99
to the west and Berkshire Road to the
north.
2. Appropriate $18,522.97 (additional
developer contribution) to Community
Development Department operating
budget In General Fund.
P. Contract Change Order Nos. 2, 11, and 22 to
AGR 14 -202
Agreement No. 14 -202 with Granite
CCo 2, CCo 11,
Construction Company ($159,805; revised not
CCo 22
to exceed $21,027,992.65; change orders
funded with Traffic Development Funds (TDF)
{100%}) for the construction of the Hosking
Avenue Interchange Project (TRIP).
Property Acquisition Agreements - TRIP:
q. Agreement with Richard and Janet Rlden
AGR 15 -225
($250,000) to purchase real property located at
DEED 8277
4308 Hillsborough Drive for the Centennial
Corridor Project.
r. Agreement with Robert Allen Hawley ($127,000)
AGR 15 -226
DEED 8278
to purchase real property located at 1 Morrison
Street for the Centennial Corridor Project.
s. Agreements with Howard Lamond, as Trustee of
the Howard Lamond Trust to purchase the
following real properties for the Centennial
Corridor Project located at:
AGR 15 -227
1. 3330 Elcla Drive ($663,000)
DEED 8279
2. 3324 Elcla Drive ($162,000)
AGR 15 -228
DEED 8280
3. 3400 Elcla Drive ($126,000)
AGR 15 -229
DEED 8281
4. 3320 Elcla Drive ($117,000)
AGR 15 -230
DEED 8282
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Bakersfield, California, September 16, 2015 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
t. Agreement with 3511 Union Avenue LLC
($150,000) to purchase real property located at
218 Williamson Way for the Centennial Corridor
Project.
U. Agreement with Darlene Simpson ($140,000) to
purchase real property located at 109 Dunlap
Street for the Centennial Corridor Project.
V. Agreement with Kenneth and Karen Hurlbert,
Trustees of the Hurlbert Family Trust, dated
5/10/2004 ($479,600) to purchase real property
located at 2318 B Street for the 24m Street
Widening Project.
Bids:
W. Accept bid from Bakersfield Dodge, Inc. dba
Haddad Dodge ($63,141.15) for the purchase
of three (3) full size 1/2 ton pickups for use by the
Public Works Department (Fleet and Solid
Waste Divisions) and the Rabobank Arena.
X. Accept bid from DataSklll, Inc. ($66,275.52), for
the purchase of 34 IBM Tivoli Manager Suite
licenses.
Accept bid and approve contract with Plank &
Harvey, Inc., dba Cen -Cal Construction,
Bakersfield ($444,000) for the construction of
HUD curb, gutter and sidewalks within the
Oleander Area project area.
Miscellaneous:
Z. Appropriate $62,800 Transportation
Development Act Article 3 Grant funding to the
Public Works Department's Capital
Improvement Budget within the Blkeway and
Pedestrian Pathway Fund for Bike Lane
Improvements at various locations.
aa. Appropriate $655,000 Improvement bond
proceeds to the Public Works Department's
Capital Improvement budget within the Capital
Outlay Fund for Improvements required
within private Tract 6452, Phase 3 located at
the southwest corner of Canteria Drive and City
Hills Drive.
Successor Agency Business:
AGR 15 -231
DEED 8283
AGR 15 -232
DEED 8284
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 15 -234
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Bakersfield, California, September 16, 2015 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
City Clerk Gafford announced a staff memorandum
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was received regarding item 8.v., transmitting an
addendum to the agreement and modifying staff's
recommendation to approve the agreement and
addendum; an additional staff memorandum was
received for item 8.g., transmitting correspondence
from The Bakersfield Association of Realtors.
Councilmember Smith announced that he would
abstain, due to a conflict of interest, an entity involved
in the proposed action is a source of income or gift to
himself, on item 8.k.
Vice -Mayor Hanson requested item 8.v. be removed
for separate consideration.
Motion by Vice -Mayor Hanson to adopt Consent
APPROVED
Calendar items 8.a. through 8.aa. with the removal of
item 8. v. for separate consideration.
v. Agreement with Kenneth and Karen Hurlbert,
AGR 15 -233
Trustees of the Hurlbert Family Trust, dated
DEED 8285
5/10/2004 ($479,600) to purchase real property
located at 2318 B Street for the 24+ Street
Widening Project.
Motion by Vice -Mayor Hanson to approve the
APPROVED
agreement and the addendum, with joint escrow
instructions that condition the future use of the
property until the City has achieved CEQA
compliance, for Consent Calendar item 8.v.
9.
CONSENT CALENDAR PUBLIC HEARINGS
None
10.
HEARINGS
a. Public Hearing to consider Resolution ordering
RES 121 -15
the vacation of the alley east of V Street to
Union Avenue between 20m Street and 21st
Street within Block 218 and 219 of Godley Tract.
Public Works Director Fidler made staff
comments and recommended approval of the
Resolution.
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Bakersfield, California, September 16, 2015 - Page 10
10. HEARINGSconlinued ACTION TAKEN
Hearing item 10.a. opened at 5:51 p.m.
No one spoke
Hearing Rem 10.a. closed at 5:52 p.m.
Motion by Councilmember Maxwell to adopt APPROVED
the Resolution.
11. REPORTS
a. TRIP Financing Plan Update.
Finance Director Smith made staff comments and
provided a PowerPoint presentation.
Councilmember Maxwell requested staff inform the
Council of what would happen to the Transportation
Development Fee fund if 20 %, 25 %, 30% or 50% of
Bakersfield turned to solar in the future.
Councilmember Rivera requested that the Budget and
Finance committee review any influx funds to the City
in the form of SHOPP funds before it is allocated for
anything.
City Manager Tandy stated he would like the ability to
respond to Councilmember Rivera's request with a
detailed written response.
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
a. Emergency Ordinance amending Chapter
14.02 to the Municipal Code relating to
regulations for Urban Water Conservation to
Umit Irrigation of Turf and Landscapes.
City Clerk Gafford announced a staff
memorandum was received providing
additional background Information In support
of the Ordinance.
City Attorney Gennaro made staff comments
and provided a PowerPoint presentation.
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Motion by Vice -Mayor Hanson to approve '
staff's recommendation and adopt the
Ordinance.
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Bakersfield, California, September 16, 2015 - Page 11
13. NEW BUSINESS continued ACTION TAKEN
Councilmember Smith suggested a friendly
amendment to change the Ordinance to strictly state
only Water Department employees will be able to
issue the citations.
Mayor Hall recessed the meeting at 6:53 p.m. and
reconvened at 7:02 p.m.
Vice -Mayor Hanson amended his motion to continue APPROVED
this item until the October 14m meeting.
b. California Water Service Company Franchise
Renewal:
Presentation by California Water Service
Company.
2. Resolution of Intention to Grant a ROI 1956
Franchise to California Water Service
Company.
City Manager Tandy made staff comments.
' Assistant City Manager Teglia made additional
staff comments.
Tim Treloar and Paul Townsley, representing
California Water Service Company, made
comments, provided a PowerPoint
presentation, responded to questions from the
Council and submitted written material.
Councilmember Rivera requested staff actively
fight the proposed consolidation of water
service districts.
Councilmember Rivera requested staff
approach the League of Cities to inquire if they
would be willing to sponsor legislation in
conjunction with the City, to allow a longer
period of review for local jurisdictions and for
rate payers to review the impacts and effects of
drought surcharges.
Councilmember Parlier asked Community
Development staff to look into the possibility of
sub - metering for new construction of multi-
' family residences in order to help future
property owners and water conservation efforts
in the future.
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Bakersfield, California, September 16, 2015 - Page 12
13. NEW BUSINESS continued ACTION TAKEN
ITEM 13.b. CONTINUED ,
Motion by Councilmember Parlier to approve the APPROVED
Resolution of Intention and change the Ordinance to
restrict the franchise to a two year period, expiring on
December 31, 2017.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Parlier thanked staff for meeting with
him to discuss strategies to mitigate the problem with
removal of the "I Buy Houses" signs posted between
ten and fifteen feet high.
Councilmember Smith made comments on the
approval of the agreement with SPCA tonight and
feels the community is better served now than it was
prior to the split with the County.
Councilmember Smith expressed gratitude for the
approval of bike lane improvements on Haggin Oaks
Boulevard, Snow Road, and Stockdale Highway.
Councilmember Maxwell requested the City Attorney
provide each Councilmember a copy of the transcript
for the proceedings on the 24m Street CEQA court
case.
Councilmember Maxwell thanked staff for the
information provided in response to his request
regarding the status of efforts to develop the South Mill
Creek area; requested to meet with the City Manager
and Vice -Mayor to discuss these efforts and the
incentives being offered to promote development in
the area; and requested to be included in any future
meetings with AEG staff in order to provide input on
this topic.
Councilmember Maxwell requested staff provide
information on what revenue has been generated
from the modifications to the 18m and Eye Street
parking garage and include any comments received
from the public.
Mayor Hall advised he has selected the writers and
photographers, and is proceeding with the
development of a book about Bakersfield titled, "It's
the People and a Whole Lot More."
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Bakersfield, California, September 16, 2015 - Page 13
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Mayor Hall stated the last fifteen months have been
very difficult for him due to surgeries and he has
been experiencing a lot of pain; apologized for
not committing to as many events as he did in the
past, but remains hopeful it will be resolved within the
next few weeks.
Mayor Hall advised the public he will not announce his
decision on his intentions to run for the next election
until the filing period opens on February W, 2016.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 9:22 p.m.
- 04 "'.'01
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Offici
Jerk of
the Council of the City c f Bakersfield
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Bakersfield, California, September 16, 2015 — Page 14
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