HomeMy WebLinkAbout03/30/16 CC MINUTES2510
A" BAKERSFIELD CITY COUNCIL
a MINUTES
�Pna MEETING OF MARCH 30, 2016
ieo
Council Chambers, City Hall, 1501 Truxtun 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,
Councilmembers Rivera (seated at 5:16
p.m.), Maxwell, Weir, Smith, Sullivan
(seated at 3:45 p.m.), Parller
Absent: None.
2. PUBLIC STATEMENTS
None,
3. CLOSED SESSION
a. Conference with Legal Counsel — Existing
Litigation; Closed Session pursuant to
Government Code section 54956.9(d)(1)
regarding Anthony Ramirez, et al. v. City of
Bakersfield, et al., Kern County Superior Court
Case No. S- 1500 -CV- 282107, DRL.
b. Conference with Legal Counsel — Potential
Litigation; Closed Session pursuant to
Government Code section 54956.9(d)(2),(e)(2)
regarding Notice of Intention to Circulate an
Initiative Petition flied with the City Clerk
concerning medical marijuana.
Motion by Vice -Mayor Hanson to adjourn to Closed APPROVED
Session at 3:31 p.m.
Motion by Vice -Mayor Hanson to adjourn from Closed APPROVED
Session at 5:16 p.m.
Meeting reconvened at 5:32 p.m.
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4.
5.
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Bakersfield, California, March 30, 2016 - Page 2
CLOSED SESSION ACTION
a. Conference with Legal Counsel — Existing
Litigation; Closed Session pursuant to
Government Code section 54956.9(d)(1)
regarding Anthony Ramirez et al. v. City of
Bakersfield, et al., Kern County Superior Court
Case No. S- 1500-CV- 282107, DRL.
b. Conference with Legal Counsel — Potential
Litigation; Closed Session pursuant to
Government Code section 54956.9(d)(2),(e)(2)
regarding Notice of Intention to Circulate an
Initiative Petition filed with the City Clerk
concerning medical marijuana,
By a unanimous vote, the City Attorney was
directed to reach out to the Petitioner's Attorney
and request a withdrawal of the Notice of
Intention to Circulate the Initiative Petition filed
with the City Clerk, concerning medical
marijuana, due to legal deficiencies; and if
the notice is not withdrawn, the City Clerk was
directed to file a court action, including a
declaratory relief cause of action, in a timely
manner.
WORKSHOPS
None.
ADJOURNMENT
Mayor Hall adjourned the meeting at 5:34 p.m.
lyl " 1%
MAYOR ol the City of akersfle , A
ATTEST:
CITY CLERK and Ex Offf6lb Clerk of
the Council of the City of Bakersfield
ACTION TAKEN
CITYATTORNEY
GIVEN DIRECTION
BYA VOTE 6 -0,
1 ABSTENTION
STAFF WAS GIVEN
DIRECTION
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Bakersfield, California, March 30, 2016 - Page 3 2512
REGULAR MEETING -5:35 P.M. ACTION TAKEN
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Hanson,
Councilmembers Rivera, Maxwell, Weir,
Smith, Sullivan, Parlier
Absent: None
2. INVOCATION by Pastor Daniel Elguezabal, Family
Community Center.
3. PLEDGE OF ALLEGIANCE by Valentina Trancoso, 3rd
grade student at Christa McAuliffe Elementary 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 by Mayor Hall to
Gary Lockhart, Scottish Society representative,
declaring April 16, 2016, Kern County Scottish
Gathering and Games Day.
Mr. Lockhart was not present to accept the
Proclamation.
b. Presentation of a Proclamation by Mayor Hall to
Kathy Vochoska, OneLegacy Ambassador,
declaring April 2016, DMV /Donate Life
Californla Month,
Ms. Vochoska accepted the Proclamation,
made comments, and submitted a handout.
C. Presentation of a Certificate of Appreciation by
Mayor Hall to Rob Nelson, property owner of
10115 Brookline Woods Drive for selection as the
Yard of the Quarter Award.
Mr. Nelson accepted the certificate and made
comments.
7 511 Bakersfield, California, March 30, 2016 - Page 4
5. PUBLIC STATEMENTS ACTION TAKEN
a. Bob Bell, Chairman of the Downtown
Bakersfield Development Corporation, spoke
regarding the new Downtown Street
Ambassador program; it will provide street
outreach, clean -up, transformative education,
employment, and mentoring for at -risk
individuals on the streets; invited the Council to
kick off the new project on Friday, April 1, 2016,
at 4:30 p.m., at the corner of 19th and Eye
Streets; and submitted written material,
b. Mary Helen Barra expressed concerns residents
in her neighborhood have regarding suspicious
activities taking place at 123 and 123 '/s
Bernard Street; and submitted written material.
Councilmember Maxwell requested staff
address Ms. Sano's concerns, and advised Ms.
Barra staff will contact her if a neighborhood
meeting is needed.
C. Dr. Barry Berman, owner of Abby's Mini Storage,
spoke regarding the Truxtun Street widening
and his concern with plans to remove the
left turn lane, resulting in loss of access to his
business; stated he has met with Public Works
staff to discuss ways to preserve the left turn
lane; requested a deceleration lane be
created; and submitted written material.
d. John Pryor and Kevin Burton, co- chairs of Rotary
House Retreat, spoke regarding the local
facility focused on assisting law enforcement
and first responders who are working through
symptoms of Post - Traumatic Stress Disorder;
advised they plan to conduct at least two
retreats each year encouraged the Council to
look into the program; and submitted written
material.
Councilmember Parifer requested staff develop
a policy or partnership with the Rotary House
Retreat for offering assistance to public safety
personnel with Post - Traumatic Stress Disorder.
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Bakersfield, California, March 30, 2016 — Page 5 2514
5. PUBLIC STATEMENTS continued ACTION TAKEN
e. Debbie Sotello, CEO of the Independence
Foundation, invited the Council to attend the
"Wheels Downtown" event on April 301", at
11:00 a.m., at the downtown bus terminal; and
stated the event will bring awareness to the
downtown establishments that do not
accommodate disabled individuals.
6. WORKSHOPS
None.
7. APPOINTMENTS
a. One appointment to the Historic Preservation
Commission due to the expiration of term of
Scott Fieber, whose term expires March 30,
2016.
City Clerk Gafford announced that one
application was received from incumbent,
Scott Fieber.
Motion by Vice -Mayor Hanson to re- appoint APPROVED
Scoff Fieber to the Historic Preservation
Commission, term to expire March 30, 2019.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 2, 2016,
Regular City Council Meetings.
Payments:
b. Receive and file department payments from
February 19, 2016 to March 17, 2016, In the
amount of $35,460,898.34. Self- Insurance
payments from February 19, 2016 to March
17, 2016, In the amount of $694,472.17, totaling
$36,155,370.51.
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Bakersfield, California, March 30, 2016- Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
Ordinances:
C. Adoption of ordinance amending the Official ORD 4847
Zoning Map in Title 17 of the Municipal Code by
changing the zone district from R -S (Residential
Suburban) to R -1 -4.5 (One Family Dwelling -4500
sq. rt. minimum lot size) on 4.2 acres located at
the northwest corner of Castro Lane And
Kingsley Lane (ZC # 15 -0251 - McIntosh &
Associates representing Frank and Donna
Delfino).
d. Adoption of ordinance amending Municipal ORD 4848
Code Sections 1. 12.040 and 1, 12,060 by adding
Annexation No. 589 consisting of 30.33 acres
located at the northwest corner of Stockdale
Highway and Claudia Autumn Drive and
Annexation No. 649 consisting of 78.91 acres
located at the southeast corner of Seventh
Standard Road and Calloway Drive to Ward
4; and Annexation No. 642 consisting of 41.86
acres located at the northeast corner of Ashe
Road and McKee Road to Ward 6.
Resolutions:
e. Resolution confirming approval by the City RES 040-16
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 the demolishment
of dangerous buildings and authorizing
collection of the assessments by the Kern
County Tax Collector.
f. Resolution in support of Senate Bill 5 Regarding RES 041 -16
E- cigarettes.
g. Resolution In Support of the Roundabout Safety RES 042 -16
and Congestion Improvements at SR -43 and
Stockdole Highway.
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Bakersfield, California, March 30, 2016 — Page 7 7516
8. CONSENT CALENDAR continued ACTION TAKEN
h. Resolution determining that certain Schwarze RES 043 -16
Industries, Inc. equipment parts cannot be
reasonably obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding therefore and
purchase Schwarze Industries, Inc. equipment
parts through Municipal Maintenance
Equipment, not to exceed $450,000 for a three
year term.
Resolution determining that Vac -Con RES O44 -16
equipment parts cannot be obtained through
the usual bidding procedures and authorizing
the Finance Director to dispense with bidding
therefore and purchase Vac -Con equipment
parts through Municipal Maintenance
Equipment, not to exceed $300,000 over a
three -year term.
Resolutions approving an application to the
Kern County Local Agency Formation
Commission to annex uninhabited territory
to the City Identified as:
Annexation No. 651 conslsting of 31.78 RES 045 -16
acres located along the south side of
Seventh Standard Road, generally east
of Allen Road,
2. Annexation No. 668 consisting of 0.097 RES 046-16
acres located along the east side of the
Calloway Road frontage road, generally
south of Telstor Avenue
Groundwater Sustalnabllity, Agency for a
Portion of the Kern County Subbasin:
Resolution to become a Groundwater RES 039 -I6
Sustalnability, Agency.
Memorandum of Understanding Forming AGR 16 -048
the KRGSA.
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8. CONSENT CALENDAR continued ACTION TAKEN
Resolutions of Intention (ROI) to add the
following areas to the Consolidated
Maintenance District and preliminarily
approving, confirming, and adopting the Public
Works Director's Report for each:
1. ROI No. 1873 to add Area 3 -100 (3009
McKee Road)
2. ROI No. 1874 to add Area 5-81 (2415
Hughes Lane)
3. ROI No. 1875 to add Area 5-82
(southwest corner of Chevalier Road and
Taff Highway)
M. Resolution of Intention (ROI) No. 1872 to form a
Traffic Signal Maintenance District designated
as TS -25 (northwest corner of Allen Road and
Brimhall Road) and preliminarily approving,
confirming, and adopting the Public Works
Director's Report.
n. Amendment No. 1 to Resolution No. 277 -04
regarding Disability Retirement procedures for
Safety Members.
Agreements:
o. Agreement with BEST Energy Corp ($480 /year
annual revenue) to provide aircraft access to
the Bakersfield Municipal Airport for the
property at 417 Watts Drive to allow for testing
of fuel and fuel addlflves.
p. Agreement with Bakersfield Senlor Center, Inc.
($40,000), of Community Development Block
Grant funds for facility improvements at 530 4th
Street.
q. Agreement with East Niles Community Services
District regarding Street Utility Cut Guarantee.
r. Master Telecommunications License
Agreement with Zayo Group, LLC for the
Construction and Maintenance of
Telecommunication Facilities in the City's Right -
of -Way.
ROI 1873
R011874
ROI 1875
R01 1872
RE5277 -04(1)
AGR 16 -049
AGR 16 -050
AGR I6 -051
AGR 16 -052
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Bakersfield, California, March 30, 2016 - Page 9
8. CONSENT CALENDAR continued
S.
Agreement with MKN & Associates, Inc. (not to
exceed $76,920) for Engineering Services for
Wellhead Treatment Design at Domestic Water
Wells CBK 26, 27, 29, 32, and 39.
f.
Agreement with Kern County Water Agency
Improvement District No. 4 (not to exceed
$400,000) for a Dry Year Water Supply.
U.
Final Map and Improvement Agreement with K.
Hovnanian Four Seasons at Bakersfield, LLC for
Tract 6444 Phase 10, located north of
Panorama Drive and east of Vineland Road.
V.
Final Map and Improvement Agreement with K.
Hovnanian Four Seasons at Bakersfield, LLC for
Tract 6444 Phase 13 located north of Panorama
Drive and east of Vineland Road.
W.
Final Map and Improvement Agreement with
Castle & Cooke Callfornla, Inc. for Tract 7256
Phase 2 located south of Ming Avenue and
west of Allen Road.
X.
Indemnification Agreement with Wells Fargo
Bank for issuance of a duplicate original letter
of credit for Crown Pointe Investments Inc. for a
project located at 8301 Brimholl Road.
Y.
Amendment No. 1 to Agreement No. 05 -337
with Castle & Cooke for Tract 6448- Renfro Road
to correct and replace the original legal
description identified as Exhibit A to the original
Agreement.
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Amendment No. 1 to Agreement No. 15-070
with Sierra Oaks Partners LLC to postpone
construction of the Park until a more
appropriate time.
aa.
Amendment No. 1 to Agreement No. 13 -158
with ESC Enterprises, Inc. (extending term to
June 30, 2019) for concession and catering
services at the San Joaquin Community
Hospital Ice Center and the McMurtrey Aquatic
Center.
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ACTION TAKEN
AGR 16 -053
AGR 16 -054
AGR 16.055
AGR 16 -056
AGR 16 -057
AGR 16 -058
AGR 05- 337(1)
AGR 15- 070(1)
AGR 13. 158(1)
ad. Amendment No 1 to Agreement No 15 -173 AGR 15- 173(1)
with Provost and Pritchard Engineering Group,
Inc. ($60,000; for a revised not to exceed
$110,000) to provide additional on -call
engineering services for capital Improvement
projects at Wastewater Treatment Plants No. 2
and No. 3.
ae. Contract Change Orders Nos. 3 and 4 to AGR 15 -145
Agreement No. 15 -145 with Klossen Corporation CCO 3. CCO4
($48,051.28; revised not to exceed
$1,895,902.40) for the Bakersfleld Fire Statlon No.
8 Remodel Project.
of. Contract Change Order Nos. 18,19, and 20 to AGR 14 -241
Agreement No. 14 -241 with Security Paving CCO 18, CCO 19,
Company ($300,000.00; revised not to exceed CCO 20
$83,644,433.04; Change Orders funded with
Federal Earmark Funds 180 %) and Capital
Outlay Utility /Roads Funds {20 %j) for The Beltway
Operational Improvements (BOI) Project (TRIP)
ag. Contract Change Orders Nos. 12, 37, 41 and 42 AGR 14 -202
to Agreement No. 14 -202 with Granite CCO 12, CCO 37,
Construction Company (net decrease of CCO 41, CCO 42
$41,382.00; revised not To exceed
$21,575,499.10; change orders funded with
Traffic Development Funds (TDF)) for the
construction of the Hosking Avenue
Interchange Project. (TRIP)
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Page 10
8. CONSENT CALENDAR continued
ACTIONTAKEN
ab. Amendment No. 1 to Agreement No. 10 -156
REMOVED FOR
with American Youth Soccer Organization,
SEPARATE
Region 73 (for a six year term) for continued use
CONSIDERATION
of eight lighted soccer fields at the State Farm
Sports Village.
ac. Amendment No. 2 to Agreement No, 14 -141
AGR 14. 141(2)
with Sierra Construction and Excavation, Inc.
($1,000,000; revised not to exceed $3,000,000
and extend term one year), for the continued
annual maintenance and repairs on the City's
domestic water system.
ad. Amendment No 1 to Agreement No 15 -173 AGR 15- 173(1)
with Provost and Pritchard Engineering Group,
Inc. ($60,000; for a revised not to exceed
$110,000) to provide additional on -call
engineering services for capital Improvement
projects at Wastewater Treatment Plants No. 2
and No. 3.
ae. Contract Change Orders Nos. 3 and 4 to AGR 15 -145
Agreement No. 15 -145 with Klossen Corporation CCO 3. CCO4
($48,051.28; revised not to exceed
$1,895,902.40) for the Bakersfleld Fire Statlon No.
8 Remodel Project.
of. Contract Change Order Nos. 18,19, and 20 to AGR 14 -241
Agreement No. 14 -241 with Security Paving CCO 18, CCO 19,
Company ($300,000.00; revised not to exceed CCO 20
$83,644,433.04; Change Orders funded with
Federal Earmark Funds 180 %) and Capital
Outlay Utility /Roads Funds {20 %j) for The Beltway
Operational Improvements (BOI) Project (TRIP)
ag. Contract Change Orders Nos. 12, 37, 41 and 42 AGR 14 -202
to Agreement No. 14 -202 with Granite CCO 12, CCO 37,
Construction Company (net decrease of CCO 41, CCO 42
$41,382.00; revised not To exceed
$21,575,499.10; change orders funded with
Traffic Development Funds (TDF)) for the
construction of the Hosking Avenue
Interchange Project. (TRIP)
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Bakersfield, California, March 30, 2016 — Page 11
8.
CONSENT CALENDAR continued
ACTION TAKEN
ah. Contract Change Order No. 39 to Agreement
No. 15 -009 with Telchert Construction
AGR 15 -009
CCO 39
($48,893.82; revised to not exceed
$16,299,672.27) for the Rosedale Highway
Widening Project. (TRIP)
Property Acquisition Agreements - TRIP:
al. Agreement with Ana Maria Barraza, Pedro
AGR 16 -059
Barraza and Anna Luz Barraza ($133,000) to
DEED 8395
purchase real property located at
124 Dunlap Street for the Centennial Corridor
Project.
aj. Agreement with Quinn Miller ($370,000) to
AGR 16 -060
purchase real property located at 195 South
DEED 8396
Garnsey Avenue for the Centennial Corridor
Project.
ak Agreement with Antonio Garcia Partlda
AGR 16 -061
($237,000) to purchase real property located at
DEED 8397
708 Montclair Street for the Centennial Corridor
Project.
al. Consent to Common Use Agreement with
AGR 16 -062
PG &E at the Kern River and Truxtun Avenue.
am. Approval of settlement in the Case No S -1500-
CV- 282705 -SPC (Mohammed M. Muthana, etal)
in the amount of $85,000.
Bids:
on. Accept bid from Bakersfield Truck Center
($345,569.26) for the purchase of a
replacement fuel /service truck for use by
the Public Works Department, Fleet Services
Division.
ao. Accept bid and approve contract to Amber
AGR 16 -063
Chemical, Incorporated ($40,696.49) for the
annual contract for the supply of pool
chemicals.
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?521 Bakersfield, California, March 30, 2016 - Page 12
8. CONSENT CALENDAR continued ACTION TAKEN
ap. Accept bid and approve contract to American AGR 16 -064
Road Maintenance (not to exceed $825,000)
for the annual contract to deliver and spread
asphalt rejuvenator /sealant for the Public Works
Department, Streets Division.
Miscellaneous:
aq. Granting easements to the Kern County Water DEED 8398
Agency for fhe Cross Valley Canal Project, DEED 8399
or, Redirect the referral regarding a Mobile Food
Vendor Ordinance from the Budget and
Finance Committee to the Community Services
Committee.
as. Response to the Kern County Grand Jury report
regarding Recreation and Parks Department.
Successor Agency Business:
Councilmember Maxwell announced that he would
abstain, due to a conflict of interest, Mr. Partido is his
employee, on item 8.ak.
Councilmember Sullivan requested item 8.ab. be
removed for separate consideration.
Motion by Vice -Mayor Hanson to adopt Consent APPROVED
Calendar items 8.a. through 8.as. with the removal of
item 8.ab. for separate consideration.
ab. Amendment No. 1 to Agreement No. 10 -156 AGR 10- 156(1)
with American Youth Soccer Organization,
Region 73 (for a six year term) for continued use
of eight lighted soccer fields at the State Farm
Sports Village. -
Motion by Councilmember Sullivan to adopt APPROVED
Consent Calendar item 8.ob.
9. CONSENT CALENDAR PUBLIC HEARINGS
None.
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Bakersfield, California, March 30, 2016 - Page 13 2522
10. HEARINGS ACTION TAKEN
a. Public Hearing to Consider Resolution Adopting RES 047 -16
Fees Pursuant to the Cost Recovery System
(Master Fee Schedule).
Finance Director Smith made staff comments
and recommended adoption of the Resolution.
Hearing opened at 6:25 p.m.
No one spoke.
Hearing closed at 6:26 p.m.
Motion by Vice -Mayor Hanson to adopt the APPROVED
Resolution. NOES RIVERA
11. REPORTS
a. Comments to California High -Speed Rail
Authority regarding Draft 2016 Business Plan,
Community Development Director Mclsaac
made staff comments and provided a
PowerPoint presentation.
Motion by Vice -Mayor Hanson to approve the APPROVED
comments regarding the California High -Speed
Rail Draft 2016 Business Plan and authorize the
City Manager to transmit a letter to the
California High -Speed Rail Authority.
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None,
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Smith stated Bill Park Greens re-
opened on Monday after recent renovations with
several neighborhood residents in attendance; and
!!l��� thanked the Recreation and Parks Department for their
■. work on the project.
252 Bakersfield, California, March 30, 2016 - Page 14
14. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN
Councilmember Parlier requested staff prepare a
letter, for Mayor Hall's signature, to send to the State
requesting fewer restrictions for the oil and energy
industries.
Councilmember Maxwell requested staff repaint the
older light posts in the Oleander neighborhood.
Councilmember Maxwell stated he was disappointed
there was not a discussion at the meeting regarding
the second quarter sales fax report and requested the
matter be referred to the Budget and Finance
Committee for further discussion on the different funds
and possible budget reduction options.
Councilmember Rivera requested staff provide a
breakdown of the $67,247,000 in local City funds
budgeted for TRIP projects.
Councilmember Rivera thanked his colleagues for the
approval of the Resolution in support of Senate Bills
regarding e- cigarettes; requested staff provide
the Council with a copy of the Resolution and keep
them informed on the progress of the bill as it goes
through each committee.
Councilmember Rivera advised he and Assembly
Member Salas will be holding a Cesar Chavez Day of
Service tomorrow and invited anyone that Is
interested to join them at Rexland Acres Park of
3:00 p.m.
Councilmember Rivera requested staff place an
update on the P and Q Sheets property on the
agenda for the next meeting.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 6:49 p.m.
9-a
MAYOR bf the City of akersflela;'�5A
ATTEST:
CITY CLERK and Ex Off (do Clerk of
the Council of the City of Bakersfield
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