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Home My WebLink About01/04/17 CC MINUTES2n5v F A BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 4, 2017 IFO 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 Goh, Vice -Mayor Smith, Counciimembers Rivera, Gonzales, Weir, Tkac, Sullivan (seated at 3:37 p.m.), Parlier 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 Cox/Taylor v, City of Bakersfield, et ol., Kern County Superior Court Case No. S- 1500 -CV- 283938, SPC (consolidated). b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code section 549569(d)(2),(e)(1) (two matters). C Conference with Labor Negotiator pursuant to Government Code section 54957.6. Motion by Vice -Mayor Smith to adjoum to Closed APPROVED Session at 3:38 p.m. Motion by Vice -Mayor Smith to adjourn from Closed APPROVED Se"'On at 5:07 p.m. Meefing reconvened at 5:12 p.m. 2-15-1 4. 5. Bakersfield, California, January 4, 2017 - Page 2 CLOSED SESSION ACTION a. Conference with Legal Counsel — Existing Litigation; Closed session pursuant to Government Code section 54956.9(d)(1) regarding Cox /Taylor v. City of Bakersfield, et al., Kern County Superior Court Case No S- 1500-CV- 283938, SPC (consolidated). b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1) (two matters). C. Conference with Labor Negotiator pursuant to Government Code section 54957.6. ADJOURNMENT Mayor Goh adjourned the Closed Session meeting at 5:13 p.m. REGULAR MEETING -5:15 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Tkoc (seated at 5:26 p.m.), Sullivan, Parller Absent: None 2. INVOCATION by Pastor Toure Tyler, The Cross Christian Church. 3. PLEDGE OF ALLEGIANCE by Vice -Mayor Smith, City Clerk McCarthy announced staff is recommending Hearing item 10.a. be opened and continued to the February 15" Council meeting. ACTION TAKEN STAFF WAS GIVEN DIRECTION NO REPORTABLE ACTION STAFF WAS GIVEN DIRECTION i z1sg Bakersfield, California, January 4, 2017 - Page 3 4. PRESENTATIONS ACTION TAKEN a. Presentation of a Proclamation by Mayor Goh to Michael Fagans, Coordinator, Kern Coalition Against Human Trafficking, declaring January, 2017, Human Trafficking Awareness Month. Mr. Fagans accepted the Proclamation and made comments. S. PUBLIC STATEMENTS a. Ryan Greenberg congratulated Mayor Goh on her election to the office of Mayor; formally requested to be placed on the Council meeting invocation schedule to lead the opening prayer as a representative of his religious order, the Satanic Temple; and submitted written material. b. Cathrine Popplewell expressed her concern with trains that block access to and from court on L Street, south of Truxtun Avenue; stated trains have been parked for over an hour at times; and requested immediate action to solve this ongoing problem. Councilmember Sullivan requested staff contact Ms. Popplewell and provide the Council with an update on this issue. c. Douglas Howard and Faustino Franco spoke regarding possible Code violations at their neighboring properties due to the installation of a wood fence by Mr. Franco, Councilmember Parker requested staff reach out to both Mr. Howard and Mr. Franco to address their concerns and possibly mitigate their issues. Councilmember Rivera asked staff to address these issues and provide a possible solution. Remaining Public Statements continued on page 14. 6. WORKSHOPS None. L 2-151) Bakersfield, California, January 4, 2017 - Page 4 APPOINTMENTS a. Appointments to City Council Committees and other special Committees and Boards by Vice - Mayor Smith for 2017 -18. Vice -Mayor Smith provided a list to the City Council of his recommended appointments and made a motion to approve those appointments (listed below). BUDGET AND FINANCE Gonzales -Chair Weir Rivera COMMUNITY SERVICES Sullivan - Chair Smith Tkac PLANNING AND DEVELOPMENT Tkac - Chair Smith Parlier SAFE NEIGHBORHOODS Rivera- Chair Parlier Gonzales LEGISLATIVE AND LITIGATION Parlier - Chalr Sullivan Gonzales PERSONNEL Weir - Chair Rivera Tkac WATER Smith - Chair Weir Sullivan SOLID WASTE MANAGEMENT ADVISORY COMMITTEE Weir - Appointee Smith - Alternate ACTION TAKEN APPROVED AS PARLIER i 7. I II Bakersfield, California, January 4, 2017 - Page 5 APPOINTMENTS continued ACTION TAKEN Rem Za. confined LAFCO Rivera- Appointee Parlier - Alternate KERN COUNCIL OF GOVERNMENTS Smith - Appointee Gonzales- Alternate PLANNING COMMISSION LIAISON Tkac - Appointee SAN JOAQUIN VALLEY AIR POLLUTION CONTROL BOARD SPECIAL CITY SELECTION COMMITTEE Sullivan- Appointee Tkac- Alternate Parlier- Appointee b. One appointment to the Golden Empire Transit District Board due to the resignation of Elliott Klrschenmann, whose term will expire January 6, 2017. City Clerk McCarthy announced applications were received from Robert Neath, David Kennemer, and Carlos Bello (ballots were used). Ward 1 Bello Ward 2 Bello Ward 3 Bello Ward 4 Bello Ward 5 Kennemer Ward 6 Bello Ward 7 Bello Motion by Vice -Mayor Smith to appoint Carlos APPROVED Bello to the Golden Empire Transit District Board, term to expire on January 6, 2021. C. Two appointments to the Miscellaneous Civil Service Board, due to a current vacancy by Gonzalo Ramirez and also the expiration of term of Michael Caves, whose terms expired December 31, 2016. zluc Bakersfield, California, January 4, 2017 — Page 6 APPOINTMENTS continued ACTION TAKEN Item 7 c. continued City Clerk McCarthy announced applications were received from Michael Caves and Karen Shah. Motion by Vice -Mayor Smith to appoint APPROVED Michael Caves and Karen Shah to a three -year term on the Miscellaneous Civil Service Board, terms to expire on December 31, 2019. B. CONSENT CALENDAR Minutes: a. Approval of minutes of the December 14, 2016, Regular City Council Meeting. Payments: b. Receive and file department payments from December 2, 2016 to December 16, 2016 in the amount of $16,064,676.18, Self Insurance payments from December 2, 2016 to December 16, 2016 in the amount of $532,674.79, totaling $16,597,350.97. Ordinances: C. Adoption of Ordinance amending Section ORD 4885 2.80.030(b) regarding Vehicles for Mayor and City Manager. (FR 12114116) Resolutions: d. Resolution establishing Residential Permit RES 001 -17 Parking in certain Designated Areas. e. Resolution confirming approval by the City RES 002 -17 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. i J i Bakersfield, California, January 4, 2017 - Page 7 8. CONSENT CALENDAR continued f. Resolutions approving an application to the Kern County Local Agency Formation Commission to annex uninhabited territory to the City identified as: 1. Annexation No. 654 consisting of 7.44 acres located on the north side of Taft Highway, along the east and west sides of Michelle Street. (Ward 7) 2. Annexation No. 671 consisting of 30,001 square feet located along the southwest corner of Norris Road and Forest Park Street. (Ward 3) g. Changes to Salary Schedule Due to State Minimum Wage Increase: 1. Amendment No. 1 to Resolution No. 112- 16 approving the Memorandum of Understanding setting salaries and related benefits for the employees of the Blue and White Collar Units. [' ■ 2. Amendment No. 20 to Resolution No. 44- 93 setting salaries and related benefits for the Temporary Unit. In. 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. 1908 to add Area 4 -160 (311 E. 1 Ofh St.) -Ward 1 2. ROI No. 1909 to add Area 4 -161 (1119 & 1121 E. 21 n Street) - Ward 2 i. Resolution of Intention No. 1907 to order the vacation of the 20 foot alley within Block "Y" of the "Baker Home Stead Addition" tract (bounded by 20th & 21 st Streets and "M' V0.1 Streets). I ACTION TAKEN RES 003.17 RES 004.17 RES 112 -16(1) RES 44. 93(20) R01 1908 R01 1909 RO1 1907 2 I \c2 '21U3 Bakersfield, California, January 4, 2017 — Page 8 CONSENT CALENDAR continued ACTION TAKEN Agreements: j. Stewardship and Oversight Agreement with the AGR 17 -001 J State of California Department of Transportation (Caltrans) and the Federal Highway Administration (FHWA) for the Kern River Bridges Package of the Centennial Corridor Project. k. Agreement with Trans -West Security Services, AGR 17 -002 Inc. ($68,223) to provide annual park security service. I. Transportation Impact Fee Credit Agreement AGR 17 -003 with Gateway Housing, LLC for construction of improvements on East Panama Lane along the frontage of Tentative Tract Map 6865 (not to exceed $253.684). M. Agreement with River Ranch Community, LLC AGR 17 -004 ($92,352), to purchase real property located southeast of Old River Road and Berkshire Street for a domestic water well site. n. Agreement with the County of Kern Public 111 AGR 17 -WS Health Department and U.S. Department of Housing and Urban Development ($373,002) for Housing Opportunities for Persons with AIDS funds. o. Bakersfield Municipal Airport Dust Control Project: 1. Agreement with San Joaquin Valley AGR 17 -006 Unifled Air Pollution Control District ($1,100,000) which provides funding for the City to complete sold project. 2. Appropriate $1,100,000 Other Agency Project Cost to the Public Works Department's Capital Improvement Budget within the General Aviation Fund. P. Amendment No. 1 to Memorandum of AGR 15- 140(1) Agreement No. 15 -140 with Kern Council of Governments (no change in funding) for additional Golden Empire Transit bus stop locations to be improved to meet Americans with Disabilities Act Standards (funded by Proposition 1 B grant award). Bakersfield, California, January 4, 2017 - Page 9 8. CONSENT CALENDAR continued q. Amendment No. 4 to Agreement No. 12 -073 with WKE, Inc. (no change in compensation; extend term of agreement) for the Manor Street Bridge Rehabilitation Project. r. Amendment No. 1 to Agreement No. 15 -321 with Cen -Cal Construction Inc., ($25,000; revised not to exceed $185,000 and extend term one year), to continue the service of canal liner repair. S. Amendment No. 2 to Agreement No. 16 -170 with Provost & Pritchard Consulting Group ($108,800; revised not to exceed $123,800) for construction phase engineering services during the construction of Domestic Water Well CBK 54. t. Truxtun Avenue Widening Project GRIP): 1. Amendment No. 2 to Agreement No. 15- 069 with Dokken Engineering ($109,060.00; revised not to exceed $405,778.21; 80% funded by the Transportation Development Fund and 20% funded by the TRIP Capital Outlay Fund) for additional design services for said project. 2. Appropriate $20,000 TRIP Capital Outlay Fund balance to the Public Works Department's Capital Improvement Budget. U. On -call Construction Inspection Services for Development Projects and the Capital Improvement Program: 1. Amendment No. 1 to Agreement No. 15- 293 with McIntosh & Associates (Increase of $100,000; revised not to exceed $250,000) to provide on -call construction inspection services. 2. Amendment No. 2 to Agreement No. 15- 294 with Meyer Civil Englneering, Inc. (increase of $170,000; revised not to Lexceed $450,000) to provide on -call construction inspection services, ACTION TAKEN AGR 12- 073(4) AGR 15- 321(1) AGR 16. 170(2) AGR 15- 069(2) AGR 15. 293(1) AGR 15- 294(2) 2-1,Py 2 "1 l>D 8. Bakersfield, California, January 4, 2017- Page 10 CONSENT CALENDAR continued ACTION TAKEN ITEM 8.u. CONTINUED 3. Amendment No. 1 to Agreement No. 15- AGR 15- 296(1) 296 with NV5 (increase of $100,000; revised not to exceed $250,000) to provide on -call construction inspection services. Rosedale Highway Widening Project (TRIP): Contract Change Order Nos. 92 and 93 AGR 15 -W9 to Agreement No. 15 -009 with Telchert CCO 92, CCO 93 Construction ($53,923.94; revised not to ASS TRAC exceed $19,283,864.86; Change Orders funded with Gas Tax Funds) for construction of said project. Transfer $54,000 savings from the PG &E ABS TKAC Tower Relocation on Westside Parkway Project to the Rosedale Widening project to fund change orders. Property Acquisition Agreements - TRIP Bids: J W. Reject bids for Hewlett Packard Replacement Printers for the Technology Services Division. X. Accept bid and approve contract with Target AGR 17 -007 Specialty Products (not to exceed $150,000) for the annual contract for the supply of chemicals and insecticides /herbicides. y. Accept bid and approve contract with Loop AGR 17 -008 Electric, Inc. ($132,483) for the Park Security Light Improvements Project at Dr. Martin Luther King Jr. Park. Z. Purchase of a Four Axle Slde Loading Refuse Truck; Extend bid for one replacement four axle side loading refuse truck from Golden State Peterbllt, Bakersfield in the amount of $346,431.18. Bakersfield, California, January 4, 2017 - Page 11 8. CONSENT CALENDAR continued ACTION TAKEN ITEM 8.z. CONTINUED LE 2. Transfer and appropriate $196,100 Self - Insurance Fund balance to the Public Works Department's Operating Budget within the Equipment Management Fund to fund the amount of purchase costs to be paid by the Self- Insurance Fund. Co. Storm Drain Pump Station Improvements at Chester Avenue Underpass and 32nd Street: Accept bid and approve contract with AGR 17 -009 Cora Constructors, Inc. ($151,900) for construction of said Improvements. Appropriate $115,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 2) to the Public Works Department's Capital Improvement Budget to fund construction of sold improvements. ab. Rehabilitation of Two Sewer Lift Stations: 24Th Street and Oak Street & White Lane and Buena Vista Road: Accept bid and approve contract with AGR 17.010 GSE Construction Company, Inc. ASS TKAC ($2,718,200) for construction of said project. 2. Appropriate $2,100,000 Sewer Enterprise ASS TKAC Fund Balance ($1,000,000 from Wastewater Treatment Plant No. 2 and $1,100,000 from Wastewater Treatment Plant No. 3) for funding of sold project. Miscellaneous: ac. Appropriate $20,000 in State Transportation Improvement Program (STIP) funds to the Public Works Capital Improvement Budget within State Transportation Fund for planning study of a multi -use path along the Friont -Kern Canal. 0 2 -1 LPv Bakersfield, California, January 4, 2017- Page 12 8. CONSENT CALENDAR continued ACTION TAKEN ad. Appropriate $42,000 contribution from the Kern High School District to the Capital Improvement Budget within the General Fund for repairs and modifications for the Jefferson Park Pool security fence. ae. Pavement Rehabilitation of Brundage Lane from Union Avenue to Washington Street Project: Appropriate $450,276 federal Reglonal ASS TKAC Surface Transportation Program funds to the Public Works Department's Capital Improvement budget within the SAFETEA -LU Fund for said project. 2. Transfer $450.000 Capital Outlay Funds ASS TKAC currently budgeted for sold project to the Manor Street at Kern River Bridge Retrofit Project. of. Review and acceptance of the Fiscal Year 2015 -2016 Annual Compliance Report for Bridge Crossing and Major Thoroughfare Fees prepared in accordance with California Government Code §66006. ag. Review and acceptance of the Fiscal Year 2015 -2016 Annual Compliance Report for Planned Drainage Area Fees prepared in accordance with California Government Code §66006. ah. Review and acceptance of the Fiscal Year 2015 -2016 Annual Compliance Report for Planned Sewer Area Fees prepared In accordance with California Government Code §66006. al. Review and acceptance of the Fiscal Year 2015 -2016 Annual Compliance Report for Transportation Impact Fees prepared In accordance with California Government Code §66006. J 1, F1 Z-1 �Pb Bakersfield, California, January 4, 2017 - Page 13 B. CONSENT CALENDAR continued ACTION TAKEN Counclimember Tkac 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.ab.1 and 2; 8.ae.1 and 2; and 8.v. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar items 8.a. through 8.ai. 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS a. Public hearing to consider resolution making CONTINUED TO findings and updating the Capital FEBRUARY 15, 2017 Improvement Plan for the existing Metropolitan Bakersfield Habitat Conservation Plan. A finding that the project is exempt from CEQA will also be considered. City Clerk McCarthy announced a staff memorandum was received requesting Hearing item 10.a, be opened and continued to the meeting of February 15, 2017. Hearing item 10.a. opened at 5:52 p.m. No one spoke. Motion by Vice -Mayor Smith to leave the APPROVED hearing open and continue the matter to the meeting of February 15, 2017. 11. REPORTS a. Update on Animal Control Activities and discussion regarding Target Zero Program. The Legislative and Litigation Committee recommends Council hear the report and direct staff to take the necessary actions for the R City of Bakersfield to participate as a Target Zero Fellow City. 2lkj,q Bakersfield, California, January 4, 2017 - Page 14 11. REPORTS continued ACTION TAKEN City Clerk McCarthy announced e-mail correspondence was received in support of the Target Zero Program from the following Individuals: Rhonda Montgomery; Danny Spanks; Brand! Reed; Bryona Wilson; and Stacy Enns. City Manager Tandy made staff comments. Assistant City Manager Teglla made staff comments and provided a PowerPoint presentation. Public Statements continued from page 3 The following individuals spoke in support of the City participating as a Target Zero Fellow City: Liz Keogh; Christ! Nolan; Sundee Martinez Barbara Stubblefield; Brand! Reed; Helen Kotowske; and Christina Haworth. Motion by Councilmember Parlier to approve APPROVED staff's recommendation to direct staff to take AB GONZALES the necessary actions for the City of Bakersfield to participate as a Target Zero Fellow City. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Smith welcomed Mayor Goh; and expressed his appreciation to Councilmember Sullivan for her effort with the placement of Christmas lights in the downtown area, on Chester Avenue, Rabobank Arena, City Hall South, and City Hall North. Councilmember Sullivan expressed appreciation for the service of Past Mayor Harvey L. Hall and former Councilmembers Terry Maxwell and Harold Hanson; welcomed Mayor Goh and Councllmembers Gonzales and Tkoc; thanked Pamela McCarthy for serving as Interim City Clerk until the position Is filled; and is grateful to have been re- elected to another term in office and looks forward to the future. Bakersfield, California, January 4, 2017 - Page 15 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Partter requested stall provide the Legislation and Litigation Committee with an update regarding the administrative process on firework enforcement. Councilmember Parlfer requested staff provide the Safe Neighborhoods Committee with a report regarding the School Resource Officer Program, including how the program works and which school districts are included in the partnership. Councilmember Parlier stated he had the opportunity to do a ride -along with the Police Department on Christmas Eve; found the ride exciting and said the officers were very professional and respectful. Councilmember Gonzales congratulated Mayor Goh on her election to the office of Mayor; had an opportunity to take a tour with City Manager Tandy and Public Works Director Fidler and discuss Issues facing neighborhoods in Ward 2; thanked staff for welcoming him to the City; he is confident in staff; and looks forward to working with everyone over the next four years. Mayor Goh thanked everyone for attending the meeting and voicing their suggestions or concerns; welcomed Councilmembers Gonzales and Tkac; thanked staff for their efforts; and looks forward to working together as one. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 6:39 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerl f the Council of the City of Bake ield Bakersfield, California, January 4, 2017 — Page 16 2771 " "THIS PAGE INTENTIONALLY LEFT BLANK"' j