HomeMy WebLinkAbout09/07/16 CC MINUTES?656
A
F . BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 7, 2016
reo
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings- 3:30 p.m. and 5:15 p.m.
REGULAR MEETING - 3:33 p.m. ACTION TAKEN
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Hanson,
Councilmembers Rivera, Maxwell, Weir,
Smith, Sullivan, 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) for the
following:
1. Citizens Against the 24th Street Widening
Project v. City of Bakersfield Kern County
Superior Court Case No. S- 1500 -CV-
281556, KCT.
2. Kern Water Bank Authority, Kern Delta
Water Storage District, North Kern Water
Storage District, et al. v. City of
Bakersfield, et al.,Tulare County Superior
Court Case Nos. VCU13- 251535, VCU13-
251598, VCU13- 251748.
3. Austin Aftebery, a minor by and Through
his Guardian Ad Litem, Paul Aftebery v.
City of Bakersfield, Kern County Superior
Court Case No. BCV- 15- 100026.
Motion by Vice -Mayor Hanson to adjourn to Closed APPROVED
Session at 3:35 p.m.
5 f Bakersfield, California, September 7, 2016 - Page 2
3. CLOSED SESSION continued
Motion by Councilmember Maxwell to adjourn from
Closed Session at 4.28 p.m.
Meeting reconvened at 5:07 p.m.
4. CLOSED SESSION ACTION
a, Conference with Legal Counsel — Existing
Litigation; Closed session pursuant to
Government Code section 54956.9(d)(1) for the
following:
1. Citizens Against the 24th Street Widening
Project v. City of Bakersfield Kern County
Superior Court Case No. 5- 1500 -CV-
281556, KCT.
2. Kern Water Bank Authority, Kern Delta
Water Storage District, North Kern Water
Storage District, et al. v. City of
Bakersfield, et al.,Tulare County Superior
Court Case Nos. VCU13- 251535, VCU13-
251598, VCU13- 251748.
3. Austin Attebery, a minor by and through
his Guardian Ad Litem, Paul Attebery v.
City of Bakersfield, Kern County Superior
Court Case No. BCV- 15- 100026.
5. WORKSHOPS
None,
6. ADJOURNMENT
Mayor Hall adjourned the meeting at
MAYOR 6f the Clty of Bakersfield,
ATTEST:
ti
CITY CLERK and Ex OfB Clerk of
the Council of the City of Bakersfield
ACTION TAKEN
APPROVED
STAFF WAS GIVEN
DIRECTION
NO REPORTABLE
ACTION
UNANIMOUS VOTE
AUTHORIZING THE
CITYATTORNEY
TO ACCEPT THE
TERMS OF THE
RECENT
MEDIATION AND
SETTLE THE MATTER
IN AN AMOUNT
NOT TO EXCEED
$30,000
J
1-i
Bakersfield, California, September 7, 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, Parller
Absent: None
2. INVOCATION by Mayor Hall.
3. PLEDGE OF ALLEGIANCE by Mckinley Iger, 3rd grade
student and Paxton Iger, 1 st grade student both at
Endeavor 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
KC the Bull, declaring September 21 st through
October 2nd, 2016, Kern County Fair Days.
Mr. Mike Olcott, Kern County Fair CEO,
accepted the Proclamation, made comments,
and presented a poster to Mayor Hall and the
Council.
b. Presentation of a Proclamation by Mayor Hall to
volunteer Diane Martinez declaring
September, 2016, Childhood Cancer
Awareness Month.
Ms. Martinez accepted the Proclamation and
made comments.
C. Presentation of a Proclamation by Mayor Hall to
Jennifer Henry, Executive Director of Links for
Life, declaring October, 2016 Paint the Town
Pink Month.
Ms. Henry accepted the Proclamation, made
comments, and submitted a handout.
I
fj 5 cj Bakersfield, California, September 7, 2016 - Page 4
4. PRESENTATIONS continued ACTION TAKEN
d. Presentation of a Proclamation by Mayor Hall to
Charles Brown, Active Bakersfield Alliance CEO,
and event Co-Founder, and David Milano, Co-
Founder, declaring November 13, 2016,
Bakersfield Marathon and Half Marathon Day.
Mr. Brown accepted the Proclamation and
made comments.
5. PUBLIC STATEMENTS
a. Cathy Butler, Executive Director of
the Downtown Bakersfield Development
Corporation, provided an update on the
Downtown Street Ambassador project: the
team was sponsored by the Lake family, from
Rain for Rent, Boss Pizza, Mayor Hall, Chain
Cohn and Stiles, and Channel 17 News; stated
the Keep Bakersfield Beautiful Committee will
purchase flowers to be planted downtown and
maintained by Street Ambassadors; The Taste of
Downtown event will be held on Thursday,
September 15"; advised other events are
currently being planned; and submitted written
material.
b. Zoot Velasco, CEO of the Kern County Museum,
provided an update on current museum
projects and programs coming soon; advised
the museum is currently reorganizing staff,
branding, and markefing to make Kern Pioneer
Village an important partner In the community;
and encouraged everyone to come and visit
them.
C. Jerry Baranowski, owner of Jerry's Pizza, spoke
regarding the mobile food vendor Ordinance;
and does not feel it is fair for mobile food
vendors to park in front of brick and mortar
restaurants and operate business.
d. Joe Simpson, owner of California Hot Dog
Company, spoke regarding the mobile food
vendor Ordinance and disagreed with the
recommendation to limit the hours of operation
and a 300 -foot distance of mobile food vendors
from parks and corporations.
Bakersfield, California, September 7, 2016 - Page 5 '661)
S. PUBLIC STATEMENTS continued ACTION TAKEN
e. Alexandra Reyes expressed concern for safety
at the flames Hookah Lounge, formerly located
at 5482 California Avenue, now located at 2030
Chester Avenue.
Councilmember Rivera requested staff provide
him with background information on this
establishment in Friday's general information
packet; stated he would like to get an
understanding on the types of call responses;
the activity and nature of the complaints; and
why this matter was referred to the Legislative
and IitigationCommittee.
Jim Marino, owner of Marino and Associates
Planning, spoke regarding a shooting, which
occurred at the F.S. Hookah Lounge, in August;
stated the lounge did not have any
involvement; believes the Council has not
received correct information and requested to
be Invited to the Legislative and Committee
meeting in order to provide more information
on the matter.
Zac Griffin, a Bicycle Education Coordinator for
a local school district and owner of Kern Active
Transportation Bicycle Education Consulting,
spoke regarding bicycle infrastructure grants
and encouraged everyone to recognize
bicycle safety education is Important In
addition to Infrastructure.
Councilmember Maxwell requested a strong
portion of grant funds be applied to bicycle
education in the future; asked staff to contact
Mr. Griffin for input when receiving grant funds
to ensure funds are not solely used for
infrastructure; and requested information on
the distribution of the grant funds in the past.
I
"661
Bakersfield, California, September 7, 2016 - Page 6
C. First reading of Ordinance adding Chapter 5.66
6. WORKSHOPS ACTIONTAKEN
a. 9/11 Memorial Presentation.
ttt
Fire Chief Greener made staff comments and
Vending Vehicles.
provided a PowerPoint presentation.
7. APPOINTMENTS
FR
None.
15.58 to the Municipal Code relating to Electric
8. CONSENTCALENDAR
Minutes:
a. Approval of minutes of the August 17, 2016,
Building Permit Process for Electric Vehicle
Regular City Council Meetings.
Payments:
b. Receive and file department payments from
e. First reading of an ordinance amending
August 5, 2016 to August 25, 2016 in the amount
of $26,544,785.30, Self- Insurance payments
ABS SMITH
from August 5, 2016 to August 25, 2016 in the
Annexation No. 639 consisting of 144.39 acres
amount of $488,190.09, totaling $27,032,975.39
Ordinances:
C. First reading of Ordinance adding Chapter 5.66
FR
of the Municipal Code relating to Food
ASS MAXWELL,
Vending Vehicles.
SMITH
d. First reading of Ordinance adding Chapter
FR
15.58 to the Municipal Code relating to Electric
Vehicle Charging Stations and Expedited
Building Permit Process for Electric Vehicle
Charging Stations.
e. First reading of an ordinance amending
FR
Municipal Code Sections 112.040 by adding
ABS SMITH
Annexation No. 639 consisting of 144.39 acres
located along the west side of Santa Fe Way,
generally between Relna Road and Austin
Creek Avenue.
f. Adoption of Ordinance amending Chapter
ORD 4860
3.20.060 of the Municipal Code relating to
revenue and finance. (FR 08117116)
sill
1,
Bakersfield, California, September 7, 2016 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
Resolutions:
g. Resolution confirming approval by the City RES 147.16
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 authorizing
collection of the assessments by the Kern
County Tax Collector.
h. Resolution authorizing the City of Bakersfield RES 148 -16
Recreation and Parks Director to apply for the
Urban Rivers Grant (Proposition 1) and enter
into an agreement with the State of California.
I. Mesa Morin Sports Complex Playground Project:
1. Resolution determining that installation of RES 149.16
the playground equipment at Mesa
Morin Sports Complex cannot be
reasonably obtained through the usual
bidding procedures, therefore
authorizing the Finance Director to
dispense with bidding, which shall not
exceed $220,000.
2. Approve agreement with Ploycore AGR 16 -204
Wisconsin, Inc. for the installation of
playground equipment at Mesa Morin
Sports Complex for a total amount not to
exceed $220,000.
j. Resolutions to add the following territories to the
Consolidated Maintenance District and
approving, confirming, and adopting the Public
Works Director's Report for each:
1. Area 1 -115 (SEC of Allen Road and Reina
Road) -Ward 4
2. Area 4 -153 (3701 Bernard Street) -
Word 3
3. Area 5-84 (2921 Madison Street) - Ward 1
4. Area 5-85 (2000 E Planz Road) - Ward 1
RES 150 -16
ASS SMITH
RES 151 -16
RES 152 -16
RES 153 -16
'66[,
E E � Bakersfield, California, September 7, 2016 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
k.
Resolution of Intention No. 1894 to order the
R011894
vacation of 30 feet of road right -of -way
dedication of Jacqueline Avenue from Shane
Street west to the City of Bakersfield corporate
boundary (approx. 287 feet west of the
centerline of Jenica Street).
Agreements:
I.
Memorandum of Understanding with Kern
AGR 16 -201
County Superintendent of Schools ($94,434,00)
related to the Strengthening Law Enforcement
and Community Relations Grant from the
California State Board of Community
Corrections.
M.
Agreement with County of Kern and
AGR 16 -202
Community Action Partnership of Kern (CAPK)
for $132,000 of Community Development Block
Grant funds for the purpose of installing solar
equipment to increase energy efficiency at the
CAPK Food Bank located at 1807 Fellz Drive.
n.
Agreement with CEI ($64,755.15) to replace
REMOVED BY STAFF
and relocate microwave equipment.
o.
Final Map, Improvement Agreement, and
AGR 16 -203
Landscape Agreement with Lennar Homes of
AGR 16 -192
California Inc. for Tract 6557, Phase 2, located
at the southwest corner of Berkshire Road and
Stine Road.
P.
Transportation Impact Fee Credit Agreement
AGR 16 -193
with S &S Homes of the Central Coast, Inc. (not
to exceed $112,395), for construction of
improvements on Old River Road along the
frontage of Tentative Tract Map 7243.
q.
Amendment No. 2 to Agreement No. 13 -166
AGR 13- 166(2)
with the Bakersfield Homeless Center ($18,000;
revised annual not to exceed $267,000 and
extending the term by one additional year) to
provide staff for the City's Animal Care Center.
r.
Amendment No. 1 to Agreement No. 15 -215
AGR 15- 215(1)
with Cen -Cal Construction ($212,722; revised
not to exceed $1,985,853.32), for providing
]
concrete constructlon.
iii
Bakersfield, California, September 7, 2016 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
S. Amendments to on -call maintenance services
agreements for the Wastewater Division:
1. Amendment No. 1 to Agreement No.
15-156 with Crider Construction, Inc.
($100,000; revised not to exceed
$300,000 and extend term by three
months).
2. Amendment No. 1 to Agreement No.
15-157 with BR Frost Company ($100,000;
revised not to exceed $300,000 and
extend term by three months).
t. Change Order Nos. 66 and 67 to Agreement
No. 15 -009 with Teichert Construction
($85,429.37; revised not to exceed
$17,371,073.63; Change Orders funded with
County TRIP funds) for the construction of the
Rosedale Highway Widening Project. (TRIP)
AGR 15- 156(1)
AGR IS- 157(1)
AGR 15 -009
CCO 66, CCO 67
u.
Contract Change Order Nos. 28, 31, 34 and 35
AGR 15 -094
to Agreement No. 15-094 with Granite
CCO 28, CCO 31,
Construction Company ($15,000.00; revised not
CCO 34, CCO 35
to exceed $22,447,973.47; change order
funded with Federal Earmark Funds {88.53 %}
and Capital Outlay Utility /Roads Fund {11.47 % })
for the State Route 178 Widening Project (TRIP).
Property Acquisition Agreements - TRIP:
V.
Agreement with David and Julie Skowron
AGR 16.194
($446,117) to purchase real property located at
DEED 8502
5091 Easton Drive for the Centennial Corridor
Project.
W.
Agreement with Jay and Alicia Burlock
AGR 16 -195
($271,000) to purchase real property located at
DEED 8503
4416 Woodlake Drive for the Centennial
Corridor Project.
X.
Agreement with Armando Cuevo and Gloria
AGR 16.196
Garcia ($164,000) to purchase real property
DEED 8504
located at 16 Stine Road for the Centennial
Corridor Project.
Y.
Agreement with Donald and Undo Sigel
AGR 16 -197
($133,000) to purchase real property located at
DEED 8505
108 Dunlap Street for the Centennial Corridor
Project.
."661
?EIGi'
Bakersfield, California, September 7, 2016—
Page 10
CONSENT CALENDAR continued
ACTION TAKEN
Z.
Agreement with Rosemary Miller ($235,000) to
t
AGR 16 -198 i
purchase real property located at 4500
DEED 8506 J
Woodlake Drive for the Centennial Corridor
Project.
aa.
Agreement with Dennis and Lois Regan, Co-
AGR I6 -199
Trustees of the Regan Family Trust ($267,000) to
DEED 8507
purchase real property located at 4414
Kensington Avenue for the Centennial Corridor
Project.
Bids:
alb.
Accept Bid and approve contract to Red Hawk
AGR 16 -200
Services ($51,279.60) for installation of artificial
kit fox dens.
ac.
Extend bid from Mar -Co Equipment Company
($748,660.10) for two replacement air broom
street sweepers with high dump capabilities for
the Public Works Department, Streets Divison.
ad.
Extend bid from Golden State Peterbilt,
Bakersfield ($965,739.24) for three replacement
four axle front loading refuse trucks for the
Public Works Department, Solid Waste Division.
ae.
Extend bid from Golden State Peterbilt,
Bakersfield ($346,431.17) for one replacement
four axle side loading refuse truck for the Public
Works Department, Solid Waste Division.
of.
Extend bid from Bakersfield Truck Center
($248,256.50) for one replacement Ilquld
asphalt distributor (oil truck) for the Public Works
Department, Streets Division.
Miscellaneous:
ag.
Appropriate $35,000 from First 5 Kern grant
revenues to the Recreation and Parks
Operating Budget within the General Fund for
the Make a Splash water safety education
program.
ah.
Appropriate $145,769 Federal Grant Revenues
(2016 Edward Byrne Local Memorial Justice
Assistance Grant from the U.S. Department of
Justice) to the General Fund Police Operating
Budget, to purchase equipment, provide
training, and fund overtime.
Bakersfield, California, September 7, 2016 — Page 11
8. CONSENT CALENDAR continued ACTION TAKEN
ai. Appropriate $650 contributions, from the
Bakersfield Foundation, to the Police
Department Operating Budget within the
General Fund to offset the costs of the K-9 trials
event held July 8 -9, 2016.
aj. Response to the Kern County Grand Jury report
regarding the operations of the City of
Bakersfield's Community Development
Department, Building Division (Code
Enforcement Section).
Successor Agency Business:
Deputy City Clerk Obert announced a staff
memorandum was received requesting item 8.n. be
removed from the agenda; and an additional staff
memorandum was received regarding item 8.h.,
correcting the location of the landscape
improvements to the southeast corner of Akers and
McKee Road.
Motion by Vice -Mayor Hanson to adopt Consent APPROVED
Calendar items 8.a. through 8.ai., with the removal of
item 8.n.
9. CONSENT CALENDAR PUBLIC HEARINGS
None.
10. HEARINGS
a. Public Hearing to consider the Resolution RES 154 -I6
ordering the summary vacation of a 33-foot-
wide Public Utilities Easement within Block 356
per map of the City of Bakersfield located at
1400 G Street.
Councilmember Smith announced that he would
abstain, due to a conflict of interest, the proposed
action may have a financial effect on a business entity
in which he has a financial interest, on items 8.c., 8.e.,
and B.j.1.
Councilmember Maxwell announced that he
would abstain, due to a perceived conflict of interest,
on item 8.c.
Motion by Vice -Mayor Hanson to adopt Consent APPROVED
Calendar items 8.a. through 8.ai., with the removal of
item 8.n.
9. CONSENT CALENDAR PUBLIC HEARINGS
None.
10. HEARINGS
a. Public Hearing to consider the Resolution RES 154 -I6
ordering the summary vacation of a 33-foot-
wide Public Utilities Easement within Block 356
per map of the City of Bakersfield located at
1400 G Street.
' , ( 6 il Bakersfield, California, September 7, 2016 - Page 12
10. HEARINGS continued ACTION TARN
Public Works Director Fidler made staff
comments.
Hearing item 10.a. opened at 6:33 p.m.
No one spoke
Hearing Item 10.a. closed at 6:34 p.m.
Motion by Councilmember Maxwell to adopt APPROVED
the Resolution.
11. REPORTS
None.
12. DEFERRED BUSINESS
None,
13. NEW BUSINESS
a. League of Callfornla Cities Annual Conference
appointment of voting delegate(s) and City
Position on Conference Resolution(s).
Assistant City Manager Teglia made staff
comments and recommended Council
appoint a voting delegate and alternate; and
recommended the Council take a neutral
position of the League's position on the
Conference Resolution.
Motion by Vice -Mayor Hanson to not take a
neutral position and vote no on the Resolution.
Motion by Councilmember Rivera to support the
League's position on the Conference
Resolution.
Motion by Councilmember Maxwell to continue APPROVED
the discussion of the City's position on the
Resolution being proposed by the League of
Cities to the September 28, 2016 Council
meeting.
j
j
i
Bakersfield, California, September 7, 2016 - Page 13 s F A
13. NEW BUSINESS continued ACTIONTAKEN
Motion by Vice -Mayor Hanson to appoint APPROVED
Councilmember Parlier as the voting delegate, and
Vice -Mayor Hanson as the alternate delegate.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Maxwell made comments regarding
the recent death of a woman in the crosswalk on 18m
and Cedar Streets over the weekend; residents in the
area have informed him of the speeding issue
between F Street and Oak Street; stated the safety of
people in the neighborhood is important and believes
hiring more police officers would help enforce a
reduction of speeding; and requested staff explain the
process for placing a four -way stop sign or traffic
signal at Cedar Street and 18m Street.
Public Works Director Fidler explained the Police
Department and Public Works Department are
working together; active enforcement through the
Police Department; a digital speed board trailer will
be placed In the area; Public Works will begin traffic
engineering studies next week which will Involve traffic
counts, speed profiles, radar speed surveys and
Intersection control studies along the corridor; and
past accident history will be studied to determine
what improvements can be made to improve the
corridor.
Councilmember Maxwell requested staff keep him
updated on the progress of the traffic calming
measures at 18" and Cedar Sheet and then look into
what can be done to reduce speeding on 19m Street
and 210 Street.
Councilmember Maxwell thanked everyone from the
Westchester neighborhood that attended the High
Speed Rail Scoping meeting.
Councilmember Maxwell stated the Centennial
Corridor area looks like a war zone; and believes,
in the future, the City should waif to purchase homes
and begin the demolition process until they are
a hundred percent positive the project is moving
['
forward.
F 0 Bakersfield, California, September 7, 2016 - Page 14
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Smith spoke regarding the Rosedale
Highway Widening project; stated these types of
projects are greatly improving the transportation
system; and thanked staff for providing monthly TRIP
update reports.
Parlier thanked staff for Consent Calendar item 8.1h.,
regarding the proposed future improvements in Ward
7.
Councilmember Parlier agreed with Councilmember
Smith's comments and thanked staff for their service.
Councilmember Parlier advised he will be
celebrating his 301^ Wedding Anniversary and will be
absent from the September 28th Council meeting.
Vice -Mayor Hanson stated the crosswalk on H Sheet,
in front of St. Francis Church, is dangerous; and
requested staff look into traffic calming measures for
that location.
Vice -Mayor Hanson requested staff respond to the
referral he made at the last meeting requesting a
survey on the red light system at Ming Avenue and
Gosford Road.
Mayor Hall expressed his appreciation to City
Manager Tandy for his flexibility in allowing Mayor Hall
to make more presentations lately.
15. ADJOURNMENT
Mayor Hall adj
ATTEST:
CITY CLERK and Ex Ofti Clerk of
the Councll of the City of Bakersfield
J