HomeMy WebLinkAbout02/15/17 CC MINUTES2790
A
° BAKERSFIELD CITY COUNCIL
MINUTES
l� MEETING OF FEBRUARY 15, 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,
Councilmembers Rivera, Gonzales, Weir
(seated at 3:37 p.m.), Sullivan (seated at
3:34 p.m.), Parller
Absent: None
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
None.
4. CLOSED SESSION
a. Conference with Legal Counsel — Potential
Litigation; Closed Session pursuant to
Government Code section 549569(d)(2),(e)(1)
(two matters).
Motion by Vice -Mayor Smith to adjoum to Closed APPROVED
Session at 3:31 p.m. AB WEIR, SULLIVAN
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 5:07 p.m.
Meeting reconvened at 5:09 p.m.
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5. CLOSED SESSION ACTION ACTION TAKEN
a. Conference with Legal Counsel — Potential (1) STAFF WAS
Litigation; Closed Session pursuant to GIVEN DIRECTION
Government Code section 54956.9(d)(2).(e)(1) (2) NO REPORTABLE
(two matters). ACTION
6. ADJOURNMENT
Mayor Goh adjourned the Closed Session meeting at
5:10 P.M.
REGULAR MEETING -5:15 p.m.
1. ROLL CALL
Present: Mayor Goh, Vice -Mayor Smith,
Councilmembers Rivera, Gonzales, Weir,
Sullivan, Parlier
Absent: None
2. INVOCATION by Pastor Tony Kim, Renaissance
Bakersfield.
3. PLEDGE OF ALLEGIANCE by Emily Frank, 10th grade
student at Bakersfield High School.
4. PRESENTATIONS
a. Presentation of a Proclamation by Mayor Goh
to Krlsty Oropezo, Heidi Carter Escudero, and
Bakersfield Fire Department Chief Doug
Greener declaring February, 2017, Safely
Surrendered Baby Awareness Month,
Ms. Oropeza, Chair of the Safe Surrender Baby
Coalition, accepted the Proclamation, made
comments, and submitted written material.
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S. PUBLIC STATEMENTS ACTIONTAKEN
a. Savanna Lee, on behalf of the World Mission
Society Church of God of Bakersfield, spoke
regarding their non - denominational
International Christian church and Invited the
Mayor and Councll To their clean -up of Baker
Street on February 26TM.
b. Cindy Parra, City appointed representative for
the Golden Empire Transit District (G.E.T.) Board,
provided an update on the Board; and advised
a workshop will be held on February 21 n to
discuss plans for the future of the Golden
Empire Transit District.
C. The following individuals expressed concern
with the Police Department and requested
Council consideration for the purchase of
body cameras for all officers and the formation
of a citizen's police oversight committee:
Xavier Hines; Timothy Grismore; and Patrick
Jackson,
Councilmember Parlier advised that this matter
has been referred to the Budget and Finance
Committee.
d. Douglas Howard spoke regarding possible
encroachment and safety violations at 110
Augusta Street and submitted written material.
e. The following Indlviduals spoke in opposition to
Property Assessed Clean Energy (PACE)
programs in the city: Sara Silvestro; Sheri Anthes,
Broker Associate for Coldwell Banker and
Realtor; Jeanne Radsick, a Realtor on behalf of
Bakersfield Association of Realtors; and Gary
Crabtree, representing the Real Estate Anti-
fraud Coalition.
Councilmember Gonzales referred this matter
to the Budget and Finance Committee for
review of the program.
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Bakersfield, California, February 15, 2017 - Page 4
PUBLIC STATEMENTS continued ACTION TAKEN
The following individuals spoke In support of
PACE loans in the City of Bakersfield: Dustin
Reilich, Senior Director of Municipal
Development for the HERO Financing Program
by Renovate America (submitted written
material); Brian McCarty, Kern County Account
Manager for the HERO PACE program
(submitted written material); Kent Greer, owner
of Banner's Air Conditioning; Mark DeVrles;
Scott Gurnett, co -owner of Divine Power USA:
Tracy Tate, Regional Community Engagement
Manager for HERO Property Advisors Team for
Renovate America; Don Lanier, from Northwest
Exteriors; and George Apostoloponlos, from
YGRENE Works PACE Program.
6. WORKSHOPS
a. Events at Bright House Networks Amphitheatre.
City Clerk McCarthy announced e -mail
correspondence was received from Dan Brito
and Karie Wobbe, in opposition to the
extended fencing area.
City Manager Tandy made staff comments and
provided a PowerPolnt presentation.
Steve Eckerson, General Manager for
Rabobank Arena, made additional comments.
Motion by Vice -Mayor Smith to approve stales APPROVED
recommendation and close the portion of the
park depicted in the photograph three hours
before the advertised start time of shows on
event nights.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the January 25, 2017,
Special and Regular City Councll Meetings and
the January 31, 2017 Speclal City Council
Meeting.
Bakersfield, California, February 15, 2017 — Page 5 2 7 9 y
B. CONSENT CALENDAR continued ACTION TAKEN
Payments:
b. Receive and file department payments from
January 13, 20-r� to February 2, 2017, In the
amount of $23,513,446.01, Self- Insurance
payments from January 13, 2017 to February 2,
2017, In the amount of $520,643.66, totaling
$24,034,089.67.
Ordinances
C. First reading of Ordinance amending Chapter FR
8.16 of the Bakersfield Municipal Code relating
to Ice Cream Vendors.
d. First reading of an ordinance amending FR
Bakersfield Municipal Code Section 112.070 by
adding Annexation No. 661 consisting of 1.81
acres located along the north side of Ming
Avenue, east and west of Baldwin Road and
Annexation No. 665 consisting of 22.06 acres
located along the south side of Taft Highway,
generally east of Compagnonl Street to Ward 7.
e. Adoption of ordinance amending Bakersfield ORD 4887
Municipal Code Sections 1. 12,040 and 1. 12.070
by adding Annexation No. 651 consisting of
31.78 acres located along the south side of
Seventh Standard Road, generally east of Allen
Road to Ward 4 and Annexation No. 662
consisting of 4.96 acres located at the
northwest corner of Castro Lane and Kingsley
Lane to Ward 7. (FR 01/25/17)
Adoption of ordinance amending the Official ORD 4888
Zoning Map in Title 17 of the Bakersfield
Municipal Code by changing the zone district
from A (Agriculture) to C -2 (Regional
Commercial) and R -3 (High Density Residential)
on 13.5 acres located at the southwest corner
of Hosking Avenue and South Union Avenue
(ZC # 16 -0128; Porter & Associates, representing
Floyd G. & Loretta M. Hinesley). (FR 01125117)
2 795 Bakersfield, California, February 15, 2017 - Page 6
a. CONSENT CALENDAR continued ACTION TAKEN
9• Adoption of ordinance amending the Official ORD 4889
Zoning Map in Title 17 of the Bakersfield
Municipal Code by changing the zone district
from C -1 (Neighborhood Commercial) and R -1
(One Family Dwelling) to P.U.D. (Planned Unit
Development) zone district on 17.78 acres
located at the northeast corner of Old Farm
Road and Noriega Road. (ZC 4 16 -0264;
McIntosh & Associates, representing Kern Land
Partners, LLC). (FRO 1125117)
Resolutions:
h. Dispense with normal bidding procedures for
repairs of a segment of the Westside Parkway:
Resolution dispensing with bidding RES021 -17
procedures due to emergency repairs
required for a short section of the
inside eastbound lane and Inside
shoulder of the Westside Parkway,
located between the Calloway Drive
on -ramp and the Coffee Road off -ramp,
and authorizing work to remedy the
drainage repairs, not to exceed
$240,000.
2. Transfer $240,000 of savings from the
PG &E Tower Relocation on the Westside
Parkway Project to fund sold emergency
repairs within the Gas Tax Fund.
Disposal of Real Property:
Resolution declaring real property at RES 022 -17
3900 White Lane as surplus to the needs
of the City and authorizing the Finance
Director to negotiate its sale.
2. Agreement with Raeleen J. Boykin, AGR 17.024
Executrix of the Estate Guy H. Wilkins to
purchase said property for $50,000.
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8.
CONSENT CALENDAR continued
ACTION TAKEN
J, Amendment No. 1 to Resolution No. 054 -15 to
RES 054 -15(1)
Include additional major parts and equipment
to original resolution which determined that the
purchase of four Vaughan Chopper Pumps
required for the Wastewater Treatment Plant
No. 3 digester mixing system cannot be
reasonably obtained through the usual bidding
procedures and authorizing the finance
director to dispense with bidding therefor,
revised not to exceed amount of $315,000.
Agreements:
k. Mount Vernon Green Waste Facility Operations:
1. Approve Agreement with K & I Services
AGR 17 -025
($300,000) for hauling wood chips from
the Mount Vernon Green Waste Facility,
2. Appropriate $300,000 Refuse Fund
balance to the Refuse Fund Operating
Budget for green waste hauling services.
I. Amendment No. 2 to Agreement No, 15-130
with A -C Electric Company ($208,176; revised
AGR 15- 130(2)
not to exceed $598,176) for electrical services
for the conveyor system project at the Mount
Vernon Green Waste Recycling Facility.
M. Amendment No. 2 to Agreement No. 14 -069 AGR 14- 069(2)
with TVLin International ($1,586,163; revised not
to exceed $5,076,163; funded with 88.53%
Federal Funds and 11.47% Gas Tax Funds) for
Engineering Design Services for the 24th Street
Improvements Project. (TRIP)
n. Amendment No. 2 to Agreement No. 14 -078 AGR 14. 078(2)
with RRM Design Group ($27,900; revised not to
exceed $590,322.50 and extend term one year)
for design services of the Bakersfield Sports
Village Phase 3.
o. Amendment No. 2 to Agreement No. 15 -036 AGR 15- 036(2)
with San Joaquin Fence and Supply (extend
term one year) for the continued supply of
fencing.
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8. CONSENT CALENDAR continued ACTION TAKEN
p. Amendment No. 1 to Agreement No. 15 -057 AGR 15- 057(1)
with Stinson Stationers, Inc. ($375,000 and
extend term one year) for the continued supply
of office supplies.
q. Amendment No. 2 to Agreement No, 15 -185 AGR 15. 185(2)
with Kern Sprinkler Landscaping Inc. (increase
compensation $120,000) for the continued
supply of on -call Irrigation and landscape
services.
Rosedale Highway Widening Project (TRIP):
1. Contract Change Order Nos. 98 and 99 AGR 15 -009
to Agreement No. 15 -009 with Teichert CCO 98, CCO 99
Construction ($115,805.64; revised not to
exceed $19,095,734.75; Change Orders
funded with Gas Tax Funds) for
construction of said project.
2. Transfer $116,000.00 savings from the
PG &E Tower Relocation on Westside
Parkway Project to the Rosedale
Highway Widening project to fund
change orders.
Property Acquisition Agreements - TRIP:
Accept bid and approve contract with Interior AGR 17 -026
Demolition, Inc. ($194,000) for Demolition of
Improvements at 100 Dunlap Street, 101 Dunlap
Street, 104 Dunlap Street, 108 Dunlap Street, 136
Dunlap Street, 5091 Easton Drive, 4304 Joseph
Drive, 3201 Mona Way, 109 Morrison Street and
4504 Woodlake Drive - Phase 17 for the
Centennial Corridor Project. (TRIP)
Bids:
t. Reject bid for a Housing and Urban
Development- Funded door project at the
Martin Luther King Community Center,
U. Accept bid and approve contract to AGR 17 -027
Pavement Recycling System, Incorporated (not
to exceed $468,500) for an annual contract for
cold planing services.
Bakersfield, California, February 15, 2017 - Page 9 2 7 96
8. CONSENT CALENDAR continued ACTION TAKEN
v. Accept bid from Jim Burke Ford, Bakersfield
($72,783.28) for two replacement two wheel
drive pickups with service bodies for use by the
Public Works Department, General Services
Division.
W. Accept proposal and award contract to Zim AGR 17 -028
Industries, Inc. dba Bakersfield Well and Pump
Company (not to exceed $350,000) for on -call
services for maintenance and repair of the
City's agricultural and domestic water wells.
Miscellaneous:
X. Appropriate $15,000.00 Federal Grant Revenues
(2016 Sex Offender Registration and Notification
Act (SORNA) Reallocation funded through the
Edward Byrne Memorial Competitive Grant
Program of the U.S. Department of Justice) to
the General Fund Police Operating Budget, to
purchase equipment and provide training to
enhance sex offender registration and
notification processes.
Y. Distribution of $222,070 from the Board of State
and Community Corrections to the
municipalities, contract cities and special
districts in Kern County in accordance with the
terms agreed upon by the Chiefs of Police of
each city and special district within Kern
County and the Kern County Sheriff.
Successor Agency Business:
Z. Receive and file Successor Agency payments
from January 13, 2017 to February 2, 2017 In the
amount of $321,700.26.
Motion by Vice -Mayor Smith to adopt Consent APPROVED
Calendar items 8.a. through 8.z.
9. CONSENT CALENDAR PUBLIC HEARINGS
None.
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10. HEARINGS ACTION TAKEN
a. Resolution making findings and updating the RES 023 -17
Capital Improvement Plan for the existing
Metropolitan Bakersfield Habitat Conservation
Plan. A finding that the project Is exempt
from CEQA will also be considered. (continued
from the 01/04/17 meeting)
Community Development Director Kitchen
made staff comments and provided a
PowerPolnt presentation.
Hearing item 10.0. opened at 6:23 p.m.
No one spoke.
Hearing item 10.a. opened at 6:24 p,m.
Motion by Vice -Mayor Smith to adopt the Resolution. APPROVED
b. Appeal by the "Neighbors for a Safe Valley RES 024 -17
Plaza" of the January 10, 2017 decision of the
Board of Zoning Adjustment to approve a
Conditional Use Permit to allow alcohol
sales /consumption In a movie theater In a C -2
(Regional Commercial Zone) district, located at
2000 Wible Road.
Staff recommends adopting a resolution approving
Conditional Use Permit No. 16 -0421, as recommended
by Staff and subject to the listed conditions of
approval in EXhlbltA of the attached resolution.
Community Development Director Kitchen
made staff comments and provided a
PowerPoint presentation.
Hearing item 10.b. opened at 6:35 p.m.
Michael Ayoz representing Reading Cinemas
Theater, and Ken GIIIICh, Senior Director of Food
and Beverage for Reading Cinemas, spoke in
opposition to the staff recommendation.
Noel Pineo spoke in support of the staff
recommendation.
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Bakersfield, California, February 15, 2017 — Page 11
10. HEARINGS continued ACTION TAKEN
ITEM 10.b, CONTINUED
Michael Ayaz and Terri Moore spoke In rebuttal
opposition to the staff recommendation.
No one spoke In rebuttal support of the staff
recommendation.
Hearing Item 10.1D. closed at 6:54 p.m.
Motion by Councilmember Parlier to approve the staff WITHDRAWN
recommendation and adopt the Resolution.
Vice -Mayor Smith requested this matter be continued
to a future meeting in order to clarify what the
applicant's intentions for the project.
Mayor Gan recessed the meeting at 7:37 p.m, and
reconvened the meeting at 7:43 p.m.
Councilmember Fortier withdrew his motion to
approve the staff recommendation and adopt the
Resolution.
Motion by Councilmember Fortier upholding the APPROVED
appeal denying the Conditional Use Permit without
prejudice, thereby allowing the applicant to come
back without waiting a year and reapply for a CUP,
which will come directly to the City Council, bypassing
the Board of Zoning Agency, and waiving the re-
application fee.
11. REPORTS
None.
12. DEFERRED BUSINESS
None,
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Vice -Mayor Smith expressed his appreciation to staff
for Consent Calendar item 8.n., regarding the
principle soccer field at Bakersfield Sports Village,
Councilmember Gonzales praised the Fire
Department for their effort in putting out a fire on
Espee Street.
zao�
Bakersfield, California, February 15, 2017 - Page 12
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TARN
Councilmember Gonzales stated three community
meetings were recently held for residents at Westpark
regarding the Centennial Corridor Project; and
thanked staff for their assistance.
Councilmember Gonzales Indicated he had the
opportunity to ride -along with the Police Department's
Impact Team and was Impressed with Their effort to
address quality of life Issues around the city.
IS. ADJOURNMENT
Mayor Goh adjourned the meeting of 7:50 p.m.
`�'ly-�(
MAYOR of the City of Bakersfield, CA
ATTEST:
4 Alefrrk CITY CLERK and Ex Officio of
the Council of the City of Bakersfielc
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