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HomeMy WebLinkAbout11/02/16 CC MINUTES-70z A BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 2, 2016 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, Councllmembers Rivera, Maxwell, Weir, Smith, Sullivan, Parlier Absent: None 2. PUBLIC STATEMENTS a. Eric Payne, Chief Executive Officer for Kern County Black Chamber of Commerce, introduced himself and stated he looks forward to working with the Council in the future. 3. WORKSHOPS None. 4. CLOSED SESSION a. Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Government Code section 54957(b)(1) / 54957.6. Motion by Vice -Mayor Hanson to adjoum to Closed APPROVED Session at 3:32 p.m. Motion by Councilmember Maxwell to adjourn from APPROVED Closed Session at 4:15 p.m. Meeting reconvened at 5:07 p.m. S. CLOSED SESSION ACTION a. Public Employee Performance Evaluation - City CONTINUED TO THE Attorney; Closed Session pursuant to NOVEMBER 16m Government Code section 54957(b)(1) / MEETING 54957.6. Mayor Hall announced this item will be continued to the next Council meeting. i 0:1 Bakersfield, California, November 2, 2016 - Page 2 6. ADJOURNMENT ACTION TAKEN Mayor Hall adjourned the meeting at 5:0 .m. MAYOR of the City of Bakersfield, C ATTEST:: / /(.dZ CITY CLERK and Ex Officlo JbL&rk of the Council of the City of Bakersfield REGULAR MEETING -5:18 p.m. I. ROLL CALL Present: Mayor Hall, Vice -Mayor Hanson, Councllmembers Rivera (seated at 5:24 p.m.), Maxwell, Weir, Smith, Sullivan, Parlier Absent: None a. Introduction of student body representatives participating in the 62nd consecutive Teen Government Day, Victoria Von Flue, Bakersfield High School; Caleb Melson, North High School; Karen Quezada, East Bakersfield High School; Martha Ologue, Foothill High School; Kyra Sales, Garces High School; Artemis Mansur, Liberty High School; Krystal Mae Raynes, Independence High School; Josh Alva, West High School; Jacquelin Leon, Mira Monte High School; Elizabeth Reyes, Ridgeview High School; Kerwin Ajtun, South High School; Sean Nguyen, Frontier High School; Lindsey Brackett, Centennial High School. 2. INVOCATION by Pastor Joe Jordan, Christ First Ministries, 3. PLEDGE OF ALLEGIANCE by Jullssa Mendoza, 4th grade student at Colonel Nichols Elementary School. J Bakersfield, California, November 2, 2016 - Page 3 `7 04 4. PRESENTATIONS a. Presentation by Councilmember Weir to The Honorable Kim Man -Soo, Mayor of Bucheon City, Republic of Korea, currently visiting Bakersfield. Mr. Man -Soo made comments. 5. PUBLIC STATEMENTS a. Rosco Rolnick, owner of Guarantee Shoe Center, stated he was placed on probation, for one year, after being Issued a misdemeanor citation last year for holding too many yard sales, and would like to know why he was singled out and prosecuted. Councilmember Maxwell requested staff provide him with a report on how this matter developed into a prosecution case for the District Attorney's office; would like to know how offen, over the past four years, we have taken someone to court over having too many yard sales or for not residing in the house where the yard sale was held; and what is the possibility of removing the charges and probation sentences for Mr. Rolnick and Wanda Johnson. 6. WORKSHOPS None. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the October 12, 2016, Regular City Council Meetings. Payments: b. Receive and file department payments from September 30, 2016 to October 20, 2016 in the amount of $37,503,811.09, Self Insurance payments, from September 30, 2016 to October 20, 2016 In the amount of $686,415.60, totaling $38,190,226.69. ACTION TAKEN 70 5 Bakersfield, California, November 2, 2016 - Page 4 6. CONSENT CALENDAR continued ACTION TAKEN Ordinances: i C. Adoption of Ordinance amending Chapter ORD 4877 15.65 of the Municipal Code relating to the California Fire Code. (FR 10112116) d. Adoption of Ordinance amending Sections ORD 4878 15.04, 15.05, 15.07, 15.09, 15.11, 15.13, 15.15, 15.17 and 15.19 of the Municipal Code relating to the Building and Construction codes, specifically the California Building Code, Mechanical Code, Plumbing Code, Electrical Code, Existing Building Code, Historical Building Code, California Residential Code and California Green Building Code, 2016 editions. (FR 10112116) e. Adoption of Ordinance amending Municipal ORD 4879 Code Section 1. 12,040 by adding Annexation ASS SMITH No. 639 consisting of 144.39 acres located along the west side of Santa Fe Way, generally between Relna Road and Austin Creek Avenue to Ward 4. (FR 09107116) Resolutions: f. Resolution confirming approval by the City RES 173 -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, g. New Bakersfield Habitat Conservation Plan (Al Wards): Resolution authorizing acceptance of US RES 174 -I6 Department of the Interior Grant Fiscal Year 2014 Section 6 Habitat Conservation Planning Assistance (FBMS# F 14AP00948) i Bakersfield, California, November 2, 2016 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN OEM e.g. COWN11D 2. Agreement to receive funds from the AGR 16 -234 California Department of Fish and Wildlife ($550,000) to continue preparation of the new Bakersfield Habitat Conservation Plan. 3. Amendment Number 3 to Agreement AGR 12- 022(3) 12 -022 with ICFJones & Stokes ($549,826) to plan and prepare documentation that will be used for the new Bakersfield Habitat Conservation Plan. 4. Appropriate $550,000 California Department of Fish and Wildlife Grant to the Community Development's Operating Budget in the Capital Outlay Fund. h. 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 4 -156 (NWC of S. Baker St. & E. 10th RES 175 -16 St.) - Ward 1 2. Area 4 -157 (NWC of Mt. Vernon Ave. & Del Amo Way) -Ward 3 3. Area 4 -158 (118 Tyree Toliver St.) - Ward 1 i. Resolution of Intention (ROI) No. 190510 add Area 2 -64 (3301 Wible Road) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. Agreements: j. License Agreement with Kern County Water Agency for the use of Renfro Road Right -of- Way to access the Cross Valley Canal. k. Memorandum of Understanding between the City of Bakersfield and the City of Bucheon to Continue Friendly Exchanges. RES 176 -16 RES 177.16 •e •r AGR 16.235 AGR i6 -236 ,706 7(I i 3 Bakersfield, California, November 2, 2016 - Page 6 CONSENT CALENDAR continued ACTION TAKEN Reimbursement Agreement with North Kern AGR 16 -237 Water Storage District (not to exceed $163,717) for City's pro -rata share of costs to participate in Kern River Weather Modification Program for the 2016/17 thru 2018/19 seasons. M. Amendment No. 1 to Agreement No. 16 -126 AGR 16. 126(1) with Clifford & Brown ($50,000) to provide outside legal services in the matter of Kale v. City of Bakersfield. n. Amendment No. 2 to Agreement No, 05 -325 AGR 05- 325(2) with the Kern County Water Agency for a Water Supply for the City Domestic Water System. o. Amendment No. 2 to Agreement No. 16 -053 AGR 16- 053(2) with MKN & Associates, Inc. ($101,460; revised not to exceed $112,228) for engineering services for Wellhead Treatment Design at Domestic Water Wells CBK 26, 27, 29, 32, and 39. p. Amendment No. 1 to Agreement No. WR16 -016 AGR 16.238 with MKN & Associates, Inc. ($28,890; revised not to exceed $105,580) for construction phase engineering services for Phase 2 of the Five Well Arsenic Treatment Project at CBK 26, 27, 29, 32, and 39. q. Amendment No. 1 to Agreement No. WR16 -120 AGR 16 -239 with Nicholas Construction, Inc. ($407,000; not to exceed $1,363,733), for Phase 2 of the Five Wells Arsenic Treatment Project. r. Amendment No. 1 to Agreement No. 16-170 AGR 16. 170(1) with Provost & Pritchard Consulting Group ($88,800; revised not to exceed $108,800) for construction phase englneering services during the construction of Domestic Water Well CBK 54. S. Amendment No. 1 to Agreement 14 -189 with AGR 14- 189(1) Parsons Transportation Group, Inc. ($3,594,660; revised not to exceed $11,132,810) for additional professional services for Program Delivery/Engineering and Environmental Support for the Thomas Roads Improvement Program. Bakersfield, California, November 2, 2016 - Page 7 S. CONSENT CALENDAR continued ACTION TAKEN t. Contract Change Order Nos. 30, 36, and 37 to AGR 15 -094 CCO 30, CCO 36, Agreement No. 15-094 with Granite Construction Company ($367,487.00; revised CCO 37 not to exceed $22,819,017.07; change order funded with Federal Earmark Funds {88.53 %} and Capital Outlay Utility /Roads Fund (I 1.47 %}) for the State Route 178 Widening Construction Project (TRIP). U. Contract Change Order Nos, 27, 37, 38, 39, and AGR 14.241 41 to Agreement No. 14 -241 with Security CCO 27, CCO 37, Paving Company ($45,218.99; revised not to CCO 38, CCO 39, exceed $84,279,652.03; Change Orders funded CCO 41 with Federal Earmark Funds {80%} and Capital Outlay Utility /Roads Funds (20 %)) for the Beltway Operational Improvements (BOI) Project. (TRIP) Property Acquisition Agreements - TRIP: West Beltway Right -of -Way 1. Agreement with Bolthouse Properties, AGR 16.240 LLC ($1,104,400) for Purchase of Future Right -of -Way for West Beltway Project. 2. Lease Agreement with Bolthouse AGR 16 -241 Properties, LLC W. Accept bid and approve contract with CVE AGR 16 -242 Contracting Group, Inc. ($165,660) for Demolition of Improvements at 109 Dunlap Street, 140 Dunlap Street, 206 S. Garnsey Road, 6 Morrison Street, 10 Morrison Street, 11 Morrison Street, 19 N. Stine Road; Phase 13 for the Centennial Corridor Project. (TRIP) X. Accept bid and approve contract with CVE AGR 16 -243 Contracting Group, Inc. ($197,970) for Demolition of Improvements at 627 Alamo Street, 3227 Belle Terrace, 4515 Charter Oaks Avenue, 4419 Kensington Avenue, 4409 La Mirada Drive, 4413 La Mirada Drive, 4308 Marella Way and 4416 Morelia Way; Phase 14 for the Centennial Corridor Project. (TRIP) I '708 709 Bakersfield, California, November 2, 2016 — Page 8 8. CONSENT CALENDAR continued ACTION TAKEN Bids: y. Extend bid from Kovatch Mobile Equipment, Ontario, California ($561,259) for one replacement Fire engine for the Fire Department. Z. Accept bid from Quinn Company, Bakersfield ($147,204.90) for one replacement four wheel drive loader for use by the Recreation and Parks Department. oa. Accept bid from Granite Data Solutions ($52,099.12) for replacement Dell® Latitude laptops for the Information Technology Division. ab. Accept bid and approve contract to Plank & AGR 16 -244 Harvey, Inc., dba Cen -Cal Construction, Bakersfield ($100,000) for the construction of HUD curb and gutter for the P Street Area. ac. Accept bid and approve contract to Plank & AGR 16 -245 Harvey, Inc., dba Cen -Cal Construction, Bakersfield ($150,000) for the construction of HUD curb and gutter for Oleander Area. ad. Accept bid and approve contract to Jim Alfter AGR 16.246 Cement Contractor, Bakersfield ($149,175) for the construction of HUD curb and gutter for the Castro Area. ae. Accept bid and approve contract to Jim After AGR 16 -247 Cement Contractor, Bakersfield ($291,750) for the construction of HUD curb and gutter for El Toro Area. of. Median Island Improvements on Mohawk Street between California Avenue and Truxtun Avenue: I . Accept base bid and Additive Alternate AGR 16 -248 No. 1 and approve contract with Griffith Company ($230,032) for construction of project. 2. Appropriate $265,589 federal Congestion Mitigation Air Quality funds to the Public Works Department's Capital Improvement budget within the SAFETEA -LU Fund. Bakersfield, California, November 2, 2016 — Page 9 71 I I 8. CONSENT CALENDAR continued ACTION TAKEN ITEM 8.of. CONTINUED 3. Appropriate $34,411 Capital Outlay fund balance to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund. Miscellaneous: ag. Appropriate $5,000 Transient Occupancy Fund Balance to the Visit Bakersfield Operating Budget within the Transient Occupancy Tax Fund to be used for financial assistance to the Bakersfield Condors to host Winterfest, a youth outdoor hockey tournament. Ch. Appropriate $45,000 Capital Outlay Fund Balance to the Recreation and Parks Department Capital Improvement Budget within the Capital Outlay fund for block wall repair and landscape project along El Portal Drive from Ming Avenue to Cale Los Manzanos. Successor Agency Business: City Clerk Gafford announced a staff memorandum was received regarding Item 8.f., transmitting a revised exhibit. 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 item 8.e. Motion by Vice -Mayor Hanson to adopt Consent APPROVED Calendar items 8.a. through 8.0h. Mayor Hall recessed the meeting at 5:48 p.m, and reconvened the meeting at 5:55 p.m. 9. CONSENT CALENDAR PUBLIC HEARINGS None. 0 71 1 Bakersfield, California, November 2, 2016 - Page 10 10. HEARINGS ACTION TAKEN a. Public Hearing to consider Resolution adopting RES 178 -16 fees pursuant to the cost recovery system. Finance Director Smith made staff comments. Hearing Item 10.a. opened at 5:57 p.m. No one spoke Hearing item 10.a, closed at 5:58 p.m. Councilmember Maxwell announced that he would abstain, due to a perceived conflict of interest regarding mobile food vendors, on item 10.a. Motion by Vice -Mayor Hanson to adopt the APPROVED Resolution. ABS MAXWELL b. Public Hearing to consider Resolution certifying RES 179.16 the 2016 Final Environmental Impact Report (SCH# 2011021042) for the Kern River Flow and Municipal Water Program. City Clerk Gafford announced a staff memorandum was received regarding Item 10. b., transmitting a comment letter received by North Kern Water Storage District including the City's response; and an additional staff memorandum was received, transmitting comments from Kern Water Bank Authority. City Attorney Gennaro made staff comments. Mr. Ken Schwartz from Horizon Water and Environment, made comments and provided a PowerPoint presentation. Hearing item 10.b. opened at 6:09 p.m. No one spoke In opposition to the staff recommendation. Rich O'Nell, on behalf of the Kern River Parkway Foundation, spoke in support of the staff recommendation. Hearing Item 10.b. closed at 6:13 p.m. Motion by Vice -Mayor Hanson to adopt the APPROVED Resolution. 2712 Bakersfield, California, November 2, 2016 - Page 11 11. REPORTS ACTIONTAKEN None. 12. DEFERRED BUSINESS None, 13. NEW BUSINESS a. Resolution setting the dates of Regular City RES 180 -16 Council Meetings, Budget Hearings, and Department Budget Presentations for January through December 2017, Assistant City Manager Teglia made staff comments. Motion by Vice -Mayor Hanson to approve the APPROVED Resolution. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Rivera stated the 6m Annual Trunk or Treat event was held at Planz Park last week; and thanked staff, Councilmember Parker, Bakersfield Professional Firefighters League, Kiwanis Club, Assembly Member Rudy Salas, and several others for their part in making the event a success. Councilmember Maxwell stated he has on existing referral to the Legislative and Litigation Committee to review how the City utilizes its California Office and Traffic Safety (OTS) grant funds for its &cycle /Pedeshion Safety and Education Program; and requested the Committee also review the recent grant awards from Kem Council of Governments for bicycle education. Councilmember Sullivan stated it was a pleasure to have student body representatives present for the 62 ^a consecutive Teen Government Day. Councilmember Sullivan made comments regarding the Kem River Flow EIR presentation and is looking forward to what will happen in the future. Mayor Hall wished the Council well on their pursuit to Ishave the Kern River water flow through Bakersfield again in the future. i Vi Bakersfield, California, November 2, 2016 - Page 12 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN ••• Mayor Hall announced the Employee Incentive Team started a food drive contest, on November 1•r, among City departments; encouraged everyone to participate and help the Community Action Partnership feed the less fortunate in our community; and stated he will recognize the winning department at the December Council meeting. Mayor Hall recognized three new adopt a highway service agreements with the following individuals: Yolanda Whitley; Harinder Singh; and Dr. Michael Thurman; and encouraged everyone to continue to find a street in our community to adopt through the Keep Bakersfield Beautiful Committee. Mayor Hall stated he was very happy to allow Councilmember Weir the opportunity to recognize his new friends from Bucheon, South Korea; and stated representatives from the City of Bucheon have visited Bakersfield seven times since initiating a Sister City relationship with the Bakersfield, ten years ago. Mayor Hall pointed out he has two meetings left before leaving office; and hopes we will continue to enjoy each other's work, respect one another, and bring nothing but the best for the future of the City of Bakersfield. 15. ADJOURNMENT Mayor Hall ad' ^^ ^a •�^ ^^ ^ ^� -^ -• a•en .. ATTEST: CITY CLERK and Ex Officlo Cldrk of the Councll of the City of Bakersfield