HomeMy WebLinkAbout05/18/16 CC MINUTES1558
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" BAKERSFIELD CITY COUNCIL
L MINUTES
" MEETING OF MAY 18, 2016
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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, Maxwell, Weir,
Smith, Sullivan, Parlier
Absent: None.
2. PUBLIC STATEMENTS
!!!!^^^^ None.
Is 3. CLOSED SESSION
G. Conference with Labor Negotiator pursuant to
Government Code section 54957.6.
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.
C. 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.
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Bakersfield, California, May 18, 2016- Page 2
3. CLOSED SESSION continued
ACTION TAKEN
Motion by Vice -Mayor Hanson to adjourn to Closed
•••
APPROVED
Session at 3:31 p.m.
Motion by Councilmember Weir to adjoum from
APPROVED
Closed Session at 4.36 p.m.
Meeting reconvened at 5:06 p.m.
4. CLOSED SESSION ACTION
a. Conference with Labor Negotiator pursuant to
STAFF WAS GIVEN
Government Code section 54957.6.
DIRECTION
b. Conference with Legal Counsel — Potential
NO REPORTABLE
Litigation; Closed Session pursuant to
ACTION
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.
C Conference with Legal Counsel — Existing
NO REPORTABLE
Litigation; Closed Session pursuant to
ACTION
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,
5. WORKSHOPS
None,
Q
ADJOURNMENT
Mayor Hall adjourned the meeting at 5:07
MAYOR of the City of
ATTEST
CITY CLERK and Ex Officio ify
the Council of the City of Bakersfield
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Bakersfield, California, May 18, 2016 - Page 3
REGULAR MEETING -5:15 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 Mayor Hall,
3. PLEDGE OF ALLEGIANCE by Amanda Gonzalez, first
grade student at Colonel Nichols Elementary School.
Mayor Hall acknowledged Political Science class students
from California State University Bakersfield in attendance at
the meeting to learn about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Public Works Director Nick Fidler, declaring May
15-21, 2016, National Public Works Week.
Public Works Director Fidler accepted the
Proclamation and made staff comments.
b. Presentation by Mayor Hall of a Certificate of
Appreciation to Barbara Swanson and Bill
Winter, homeowner honorees.
Ms. Swanson and Mr. Winter accepted the
Certificate and made comments.
C. Presentation by Mayor Hall of Certificates of
Appreciation to Liberty High School Students
Nicole Bernal, Savannah Gonzalez and Emily
VanFosen, originators of the Backing the
Blue Project.
Ms. Gonzalez accepted the certificates and
made comments.
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Bakersfield, California, May 18, 2016 - Page 4
5.
PUBLIC STATEMENTS ACTION TAKEN
a. Curtis Bingham, Sr., Street Evangelist,
expressed appreciation and gave blessings to
Mayor Hall, Councilmembers, and the Police
Department, for the work they do for the City.
b. Jim Fortson spoke in opposition of adult
entertainment establishments in Bakersfield and
stated it is up to us as a community to set the
moral standards of Bakersfield.
C. Blair Buda! spoke regarding the "Backing the
Blue" project and took part in the lighting
ceremony; and thanked the students and
Councilmembers for recognizing our local law
enforcement and making this event possible.
6.
WORKSHOPS
None,
7.
APPOINTMENTS
8.
None.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 4, 2016, Regular
City Council Meeting and the May 9, 2016,
Budget Presentation Meeting,
Payments:
b. Receive and file department payments from
April 22, 2016 to May 5, 2016, in the amount of
$10,887,768.30, Self Insurance payments, from
April 22, 2016 to May 5, 2016, in the amount
of $181,701.83, totaling $11,069,470.13.
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Bakersfield, California, May 18, 2016- Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
Ordinances:
C. Adoption of ordinance amending the Official ORD 4849
Zoning Map in Title 17 of the Municipal Code by
changing the zone district from R -1 -HD (One
Family Dwelling - Hillside Development
Combining) to C- 1- HD /PCD (Neighborhood
Commercial - Hillside Development Combining
/Planned Commercial Development) on 9.975
acres; and a change In zone district from R -1
(One Family Dwelling) to R -1 -DT (One Family
Dwelling - Hillside Development) Combining
zone on 10.86 acres located along the east
side of Alfred Harrell Highway, generally south
of Old Walker Pass Road. (ZC # 15 -0363 -
Ion Ellis representing Aurora Borealis
Development, LLC)
d. Adoption of ordinance amending the Officlal ORD 4850
Zoning Map in Title 17 of the Municipal Code by
changing the zone district from R -1 (One Family
Dwelling) to C -2 (Regional Commercial) on
11.88 acres, located at the southwest corner of
Panama Lane and Old River Raod. (ZC # 15-
0385 - McIntosh & Associates, representing Old
River & Panama, LLC., the property owner).
e. Adoption of ordinance amending the Official ORD 4851
Zoning Map in Title 17 of the Municipal Code by
changing the zone district from R -2 (Limited
Multiple Family Dwelling) to C -2 (Regional
Commercial) on approximately 40,419 square
feet located at 1301 Buena Vista Road on the
west side of Buena Vista Road, approximately
700 feet north of Ming Avenue. (ZC# 15 -0506 -
Bolthouse Properties, LLC, representing City of
Bakersfield).
f. Adoption of ordinance amending the Official ORD 4852
Zoning Map in Title 17 of the Municipal Code by
changing the zone district from R -1 (One Family
Dwelling) and R -2 (Limited Multiple Family
Dwelling) to C -2 (Regional Commercial) on 10.8
acres located on the south side of State Route
178, generally west of Morning Drive. CZC If 15-
0507 - Dirk Poeschel, representing Rio Bravo
Medical Campus, LLC).
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Bakersfield, California, May 18, 2016 -Page 6
CONSENT CALENDAR continued
Resolutions:
g. Resolutions approving an application to the
Kern County Local Agency Formation
Commission to annex uninhabited territory
into the City identified as:
In.
k.
1. Annexation No. 634 located along the
north side of Burr Street, generally west of
Gibson Street.
2. Annexation No. 662 located at the
northwest corner of Castro Lane and
Kingsley Lane,
3. Annexation No. 665 located generally
south of Taft Highway, along the east
side of Compognonl Street.
Resolutions establishing three Economic
Opportunity Areas:
1. East Hills Area
2. 34th Street Corridor Area
3. Baker Street Corridor Area
Resolution authorizing the filing of an
application with the Kern Council of
Governments for allocation of Transportation
Development Act funds for Fiscal Year 2016 -17
($334.713) for the maintenance of the
Bakersfield Amtrak Station during said fiscal
year.
Resolution to Authorize Sale of Surplus 60" riding
mower to the Bakersfield Police Activities
League, a non - profit organization for one dollar
($1).
Resolution determining that Globe® Turnout
Clothing is the Bakersfield Fire Department
standard and it cannot be reasonably
obtained through the usual bidding procedures
and authorizing the Finance Director to
dispense with bidding thereof, not to exceed
$204,000.
ACTION TAKEN
RES 073-16
RES 074 -16
RES 075.16
RES 076.16
RES 077 -16
RES 078.16
RES 079 -16
RES 080 -16
RES 081 -16
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Bakersfield, California, May 18, 2016 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
I. Resolution determining that Bioxide®, a RES 082.16
L proprietary chemical for sewer odor control
and reduction of sulfide gas levels, cannot be
reasonably obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding thereof for a
period of one year, not to exceed the
budgeted amount of $900,000.
I
M. Sewer connection fee assessment for 6560
Lowry Street:
1. Resolution confirming assessment for
RES 083-16
sewer connection and authorizing the
collection of assessments by the
Kern County Tax Collector.
2. Agreement with Sixto Adrian Carrillo to
AGR 16.087
pay the sewer connection fee through
the Kern County Tax Collector.
n. Sewer construction fee assessment for 148 N.
Stine Road:
1. Resolution confirming assessments for
RES084 -16
sewer construction and authorizing the
collection of assessment by the Kern
County Tax Collector,
2. Agreement with Lisa Bowen aka Lisa
AGR 16 -088
Ileen Fritz to pay sewer construction fee
through the Kern County Tax Collector.
o. Sewer connection fee assessment for 2200 Ming
Avenue:
1. Resolution confirming assessment for
RES 085 -16
sewer connection and authorizing the
collection of assessment by the Kern
County Tax Collector.
2. Agreement with Jimmy W. and Mary E.
AGR 16 -089
Brown to pay the sewer connection fee
through the Kern County Tax Collector.
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Bakersfield, California, May 18, 2016 -Page 8
CONSENT CALENDAR continued
P. Resolutions of Intention (ROI) adding the
following areas to the Consolidated
Maintenance District and preliminarily
approving, confirming, and adopting the Public
Works Director's Report for each:
ROI No. 1884 adding Area 4 -147
(southeast corner of E. Brundage Lane &
Cottonwood Road) - Ward 1
2. ROI No. 1885 adding Area 5-83
(southeast corner of Panama Lane &
Colony Street) - Ward 7
ROI No. 1886 adding Area 4 -148
(southwest corner of M Street & 26th
Street) - Ward 2
q. Resolution of Intention No. 1854 to order the
vacation of the 20 -foot east /west alley within
Block 8 of the Kruse Tract between "T" Street
and "U" Street,
Agreements:
r. Agreement with Brown Armstrong
Accountancy Corporation ($51,300) for a full
scope annual audit of the 2015 -16 fiscal year.
S. Agreement with the County of Kern for Joint
Peace Officer Academy Training.
t. Agreement with Greater Bakersfield Legal
Assistance, Inc. ($100,000), of Community
Development Block Grant funds for Fair Housing
Program Services.
U. Final Map and Improvement Agreement with
Woodside 06N, LP (Developer) for Tract 7240
Phase 4.
V. Amendment No. 1 to Agreement No. 13-005
with GC Environmental, Inc. (no change In
compensation) for assignment of agreement to
ES Engineering Services, LLC. for landfill gas
system monitoring services at the closed
Bakersfield Landfill.
ACTION TAKEN
R01 1884
R01 1885
R01 1886
R01 1854
AGR 16 -090
AGR I6 -091
AGR 16.092
AGR 16 -093
AGR 13- 005(1)
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Bakersfield, California, May 18, 2016 - Page 9
8. CONSENT CALENDAR continued
W. Amendment No. 1 to Master Indemnification
Agreement No. 05 -079 between LAFCo and
City.
X. Amendment No. 1 to Agreement No. 15-185
with Kern Sprinkler Landscaping Inc. ($400,000;
revised not to exceed of $1,000,000 and extend
term one year), to continue the service of on-
call Irrigation and landscaping.
Y. Amendment No. 2 to Agreement No. 14 -091
with Kern Turf Supply Inc. ($200,000; revised not
to exceed of $700,000 and extend term one
year), to continue the supply of irrigation parts
and supplies.
Z' Amendment No. 1 to Finance Departmental
Agreement F10 -005 with Golden Empire Towing
to Increase annual maximum payment from
$40,000 to $75,000.
aa. Amendment No. 2 to Agreement No. 14 -310
with Muxlow Construction (not to exceed
$110,000) HUD Community Development Block
Grant (CDBG) funds, to provide handicap
accessibility improvement services to qualified
low- income residents in privately owned
structures.
ab. Amendment No. 1 to Agreement No. 15 -130
with A -C Electric Company ($190,000; revised
not to exceed $390,000 and extend term for
one year ) for electrical services at the Mount
Vernon Green Waste Recycling Facility.
ac. Amendment No.l to Agreement No. 14 -078
with RRM Design Group ($47,392.50; revised not
to exceed $562,422.50 and extend term for one
year) for design services of the State Farm
Sports Village Phase 3.
ad. Amendment No. 1 to Agreement No. 14 -069
with TY. Lin (no change In compensation) to
extend the time for completing Design Services
for the 24Th Street Widening Project. (TRIP)
25FF
ACTION TAKEN
AGR 05. 079(1)
AGR 15- 185(1)
AGR 14. 091(2)
AGR 16 -094
AGR 14- 310(2)
AGR 15- 130(1)
AGR 14- 078(1)
AGR 14- 069(1)
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Bakersfield, California, May 18, 2016 - Page 10
8. CONSENT CALENDAR continued ACTION TAKEN
ae. Contract Change Order Nos. 21, 22, and 26 to AGR 14 -241
Agreement No. 14 -241 with Security Paving CCO 21, CCO 22,
Company ($50,000.00; revised not to exceed CCO 26
$83,694,433.04; Change Orders funded with
Federal Earmark Funds {80 %} and Capital
Outlay Utility /Roads Funds {20 %}) for the Beltway
Operational Improvements (BOI) Project (TRIP)
of.
Contract Change Order Nos. 42 and No. 43 to
AGR 15 -009
Agreement No. 15-009 with Teichert
CCO 42, CCO 43
Construction ($122,839.39; revised to not
exceed $16,422,511.66; Change Orders funded
with Domestic Water Enterprise funds
{$105,403.84) and County TRIP funds
{$17,435.55}) for the Rosedale Highway
Widening Project. (TRIP)
Property Acquisition Agreements - TRIP:
ag.
Agreement with Joseph and Elizabeth Hoang
AGR 16 -095
($234,800) to purchase real property located at
DEED 8436
704 Montclair Street for the Centennial Corridor
Project.
ah.
Agreement with Mary Banducci, Trustee of the
AGR 16 -096
Josephine Banducci Trust ($222,000) to
DEED 8437
purchase real property located at 4405
Hillsborough Drive for the Centennial Corridor
Project.
al.
Agreement with Keith and Paula Gregoire
AGR 16 -097
($142,000) to purchase real property located at
DEED 8438
104 Dunlap Street for the Centennial Corridor
Project.
al.
Agreement with Jorge Huerta ($148,500) to
AGR I6 -098
purchase real property located of 136 Dunlap
DEED 8439
Street for the Centennial Corridor Project
Bids:
ak. Accept Bid and approve contract to Kinco AGR 16 -099
General Contractors, ($117,711) for a bathroom
remodel at Fire Station 4. J
Bakersfield, California, May 18, 2016 - Page 11
8. CONSENT CALENDAR continued ACTION TAKEN
al. Accept bid from RDO Equipment Company
L ($74,446) for the purchase of eight replacement
riding mulching 60 inch wide lawn mowers for
use by the Recreation and Parks Department.
Miscellaneous:
am. Appropriate $1,093.95 from the National Rifle
Association Foundation to the Police General
Fund Operating Budget, to be used to
purchase firearms safety education materials
for The Community Relations Unit.
an. Acceptance of FY 2014 -15 Transportation
Development Act Funds Audit Reports:
1. Independent Auditor's Reports, Fund
Financial Statements, and
Supplementary Information.
2. Agreed Upon Conditions for the Fiscal
Year Ended June 30, 2015.
Successor Agency Business:
Motion by Vice -Mayor Hanson to adopt Consent APPROVED
Calendar items 8.a. through 8.an.
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider Resolution approving RES 086 -16
Amendment No. 1 to Development Agreement AGR05- 430(1)
No. 05 -430 and Approval of Notice of
Exemption (Rosedale Ranch).
b. Public Hearing to consider Action Plan
Amendments to U.S. Department of Housing
and Urban Development (HUD) Action Plan -
FY13 /14 Amendment No. 6:
Transfer funds from New Construction
Assistance to CHDO Set -Aside ($214,771
HOME).
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Bakersfield, California, May 18, 2016 - Page 12
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
ITEM 91) . CONTINUED
10.
2. Amendment No. 1 to Agreement No, 15- AGR 15- 190(1)
190 with GEAHI Green Gardens, L.P. for
the use of HOME Investment Partnership
Community Housing Development
Organization funds ($400,000 not to
exceed $700,000) and Assignment and
Assumption Agreement,
Consent Calendar Hearings opened at 5:45 p.m.
No one spoke.
Consent Calendar Hearings closed at 5:46 p.m.
Motion by Vice -Mayor Hanson to adopt Consent
Calendar Public Hearing items 9.a. and 9.b.
HEARINGS
a. Public hearing to consider a Resolution
Certifying the 2016 Final Environmental Impact
Report (2016 Final EIR) for, and approving, the
24th Street Improvement Project (TRIP).
City Clerk Gafford announced a staff
memorandum was received transmitting
responses to e -mail correspondence from
Judith Harniman, Anne Seydel, and Warren
Minner; additional correspondence was
received from the following: Pareto Planning
and Environmental Services; Judith Harniman;
Vanessa Vangel; Darlene Vangel; Anthony
Ansolobehere; and Robert Braley.
City Attorney Gennaro made staff comments.
Public Works Director Fidler made additional
staff comments and provided a PowerPoint
presentation.
Hearing opened of 5:58 p.m.
APPROVED
CONTINUED TO
JUNE 8, 2016
MEETING
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Bakersfield, California, May 18, 2016 - Page 13
10. HEARINGS confinued
The following individuals spoke in opposition to
L the staff recommendation: Jamie Hall, Channel
Law Group, representing Citizens Against the
24- Street Widening Project; Dr. Susan
O'Corroll, Pareto Planning and Environmental
Services; Judith Harniman; Valarie Munoz: and
Vanessa Vangel.
The following individuals spoke in support of
the staff recommendation: Wayne Kress; Bart
Hill; Nick Ortiz, on behalf of the Greater
Bakersfield Chamber of Commerce; Scott
Kuney; Lila Pankey Ray; Bernadette Roof; Tyson
O'Brien; and Dr. Randal Beeman.
The following individuals spoke in rebuttal
opposition to the staff recommendation: Jomle
Hall; Valerie Munoz; and Judith Harniman.
Lila Pankey Ray and Wayne Kress spoke in
rebuttal support of the staff recommendation.
Hearing closed at 6:40 p.m.
Councilmember Maxwell made comments and
provided a PowerPoint presentation.
Counctimember Rivera requested staff provide
clarity on the differences in peak hour vehicle
counts along 23,a and 20 Streets between 2006
and 2016.
Counctimember Rivera requested staff provide
the total amount of money that has been spent
on the 2d^ Sheet project all together since
2006/2007.
ACTION TAKEN
Motion by Vice -Mayor Hanson to continue this APPROVED
item to the June 8m meeting and allow staff to
respond to questions posed by Council in
writing.
11. REPORTS
None.
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12.
13.
14.
Bakersfield, California, May 18, 2016 - Page 14
DEFERRED BUSINESS ACTION TAKEN
None,
NEW BUSINESS
a. Resolution affirming the City's original vision for
the P/Q Street Property located within the South
Mill Creek area.
Community Development Director Mclsoac
made staff comments and provided a
PowerPoint presentation.
Motion by Councilmember Smith to approve
FAILED
staffs recommendation and adopt the
NS RIVERA,
Resolution.
MAXWELL, HANSON,
PARLIER
Motion by Councilmember Rivera to request
APPROVED
staff to monitor this property and bring forward
NS WEIR, SMITH,
any ideas or offers on the property to the
SULLIVAN
Council for determination.
COUNCIL AND MAYOR STATEMENTS
Councilmember Marvell requested staff regularly
schedule sweeping of streets and alleys in the
J
downtown area.
Councilmember Marvell requested staff look into
ways to increase street lighting in older areas of
Bakersfield.
Councilmember Weir announced the Rio Bravo
Country Club and Solaro Kem County will be
sponsoring a Ward 3 community update on
Wednesday, May 25m, at 6:00 p.m; stated he and
other City Department Heads will provide an update
on topics including: Highway 178 Expansion Project;
Mesa Marin Sports Complex; bus service to the area;
Water; commercial development; AB 109; and Police
response times.
Councilmember Parlier thanked staff for support with
holding the "Backing the Blue" event and the fountain
opening at the Rabobank Arena.
Councilmember Parlier reminded everyone tomorrow
is Third Thursday and encouraged people to come out
and participate.
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Bakersfield, California, May 18, 2016 - Page 15
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Sullivan commented on the new
fountain in front of Rabobank Arena and encouraged
residents to take a look at it while attending some of
the upcoming events at the arena.
Councilmember Sullivan thanked staff and Lighting in
Style for their help with the blue lights installed in front
of City Hall and down Chester Avenue in honor of
fallen Police Officers and in support and appreciation
of law enforcement.
Councilmember Fortier stated a memorial will be held
tomorrow, at 7:00 a.m., at the Bakersfield Police
Department; at Kern County Sheniff's Department on
Norris Road, at 10:00 a.m.; and a County wide law
enforcement memorial at the Liberty Bell, at 12:00 p.m.
Mayor Hall stated tomorrow morning they will be
recognizing the Fire Department and the Hall
Ambulance team that helped save a woman's life;
and stated the patient's two young children also
worked with the Fire Department to maintain CPR until
paramedics arrived.
Mayor Hall pointed out that he writes his prayers to
open the Council meetings to show the value of the
decisions the Council makes and the need for
ongoing cooperation and respect; feels disappointed
this was contradicted several times this evening;
and stated it has always been his goal to make sure
the public is given the opportunity to speak.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:34 p.
MAYOR of the City of Bakers fleld,
ATTEST:
�(
CITY CLERK and Ex OfficIici 6 Clerk of
the Council of the City of Bakersfield
1573 Bakersfield, California, May 18, 2016 — Page 16
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