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HomeMy WebLinkAbout09/16/15 CC MINUTES2366 A BAKERSFIELD CITY COUNCIL ' MINUTES MEETING OF SEPTEMBER 16, 2015 io 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. 2367 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. 2368 2369 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. I I B. C 1 �li 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 2371 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) U 8. I 11 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 2372 2373 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 l ,. 37,4 Bakersfield, California, September 16, 2015 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN City Clerk Gafford announced a staff memorandum ' 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. 2375 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. 1 j Motion by Vice -Mayor Hanson to approve ' staff's recommendation and adopt the Ordinance. 2376 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. 2377 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." li7R 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 2379 Bakersfield, California, September 16, 2015 — Page 14 ****THIS PAGE INTENTIONALLY LEFT BLANK "" 1