HomeMy WebLinkAbout11/02/16 CC MINUTES-70z
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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