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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. 2511 4. 5. 'r1 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Petition filed with the City Clerk, concerning medical marijuana, due to legal deficiencies; and if the notice is not withdrawn, the City Clerk was directed to file a court action, including a declaratory relief cause of action, in a timely manner.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 J k 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. J J i 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. 11 ^515 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. i 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. I 7 S 17 Bakersfield, California, March 30, 2016 - Page 8 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 11 J k 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. I 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. ?518 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) 1] J k Bakersfield, California, March 30, 2016 - 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) 1] J k 2520 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. 2520 ?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. J J 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 k