HomeMy WebLinkAbout03/29/17 CC MINUTESBA
" BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 29, 2017
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Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings- 3:30 p.m. and 5:15 p.m.
REGULAR MEETING - 3:30 P.M.
1. ROLL CALL
Present: Mayor Goh, Vice -Mayor Smith,
Councilmembers Gonzales, Weir,
Sullivan, Parller
Absent: Councllmember Rivera
2. PUBLIC STATEMENTS
a. Terry Maxwell spoke regarding the City Council
Goals and his concern with public safety during
the construction of the 24m Street Widening
Project.
3. WORKSHOPS
a. 2017 Council Goals - Council Additions/
Deletions.
City Manager Tandy made staff comments.
Management Assistant Blaschke made
additional staff comments and provided a
PowerPoint presentation.
4. CLOSED SESSION
a. Conference with Legal Counsel — Existing
Litigation; Closed session pursuant to
Government Code section 54956.9(d)(1)
regarding Leticia Delorosa, et al. v. Clfy of
Bakersfield Kern County Superior Court Case
No. BCV- 15- 100199, DRL.
ACTION TAKEN
a
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4. CLOSED SESSION contlnued ACTION TAKEN
b. Conference with Legal Counsel — Potential
Litigation: Closed session pursuant to
Government Code section 54956.9(d)(2),(e)(1)
(one matter).
Motion by Vice -Mayor Smith to adjourn to Closed APPROVED
Session at 3:48 p.m. AS RIVERA
Motion by COuncilmember Weir to adjourn from APPROVED
Closed Session at 5:04 p.m. AS RIVERA
Meeting reconvened at 5:13 p.m.
5. CLOSED SESSION ACTION
a. Conference with Legal Counsel — Existing NO REPORTABLE
Utigatlon; Closed session pursuant to ACTION
Government Code section 54956.9(d)(1)
regarding Lellclo Delarosa, et al V. City of
Bakersfield Kern County Superior Court Case
No. BCV- 15- 100199, DRL.
b. Conference with Legal Counsel — Potential NO REPORTABLE
Litigation; Closed sesslon pursuant to ACTION
Government Code section 54956.9(d)(2),(e)(1)
(one matter).
6. ADJOURNMENT
Mayor Goh adjourned the Closed Session meeting at
5:14 p.m.
REGULAR MEETING -5:17 p.m.
1. ROLL CALL
Present: Mayor Goh, Vice -Mayor Smith,
Councilmembers Gonzales, Weir,
Sullivan, Parller
Absent: Councllmember Rivera
Mayor Goh acknowledged students from the Bakersfield
College Political Sclence class in attendance at the meeting ,
to learn about Clty government.
Bakersfield, California, March 29, 2017 - Page 3 2 8 1 6
ACTION TAKEN
2. INVOCATION by Pastor Harry Manoculn, Iglesia de
Dios Pentecostal, M.I.
3. PLEDGE OF ALLEGIANCE by April Reis, 4th grade
student at Veterans Elementary School.
4. PRESENTATIONS
a. Presentation of a Proclamation by Mayor Goh
to Brenda Eldenshlnk, OneLegacy Ambassador,
declaring April 2017, Donate Ufe Awareness
Month.
Ms. Eldenshlnk accepted the Proclamation,
made comments, and submitted a handout.
b. Presentation of a Proclamation by Mayor Goh
to Kevin Donley, Bakersfield Adult School
Assistant Principal declaring April 3 - 7, 2017,
Adult Education Week.
Mr. Danley accepted the Proclamation and
made comments.
'C. Presentation of a Proclamation by Mayor Goh
to Nazar Kooner, Gurujodha S. Khalsa, and Dr.
Manbir Singh, declaring April 2017, Sikh
Appreciation Month.
Dr. Singh, Mr. Kooner, and Mr. Khalsa accepted
the Proclamation and made comments.
5. PUBLIC STATEMENTS
a, Mona Sldhu spoke regarding the Sikh
community In Bakersfield; concerned with
discussions surrounding hate crlmes; and
would like to be Informed of the date for the
next Safe Neighborhoods and Community
Relations Committee meeting.
b. Terry Maxwell spoke regarding the City Councll
Goals; concerned with public safety and
the reduction in crime; and asked the Councll
to reconsider supporting the High -Speed Rail
' Station at Golden State Avenue and °F" Street.
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6. WORKSHOPS
None.
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Bakersfield, California, March 29, 2017 - Page 4
APPOINTMENTS
None,
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 8, 2017,
Speclal and Regular City Council Meetings.
Payments:
b. Receive and file department payments from
February 24, 2017, to March 16, 2017, In the
amount of $22,614,854.57, Self- Insurance
payments from February 24, 2017, to March 16,
2017, In the amount of $353,985.49, totaling
$22,968,840.06.
Ordinances:
c. First Reading of an Ordinance amending
Chapter 1.40 of the Bakersfield Municipal Code
relating to Penalties. A finding that the project Is
exempt from the California Environmental
Quality Act will also be considered.
d. First reading of ordinance amending the
Official Zoning Map In Title 17 of the Bakersfield
Municipal Code by changing the zone district
from E (Estate One - Family Dwelling) to R -1
(One - Family Dwelling) on 38,251 gross sq.ft.,
located north of Snow Road, east of Quall
Creek Road; from R -2 /PUD (Umited Multiple-
family Dwelling /Planned Unit Development)
to R -1 (One - Famlly Dwelling) on 22,693 net
sq.ft.; and R -1 (One - Family Dwelling) to R -2 /PUD
(Umited Multiple- family Dwelling /Planned Unit
Development) on 40,192 net sq.ft., located
south of Etchart Road, west of Coffee Road. A
Previously adopted Negative Declaration
applies to this project. (ZC R 16 -0463 - McIntosh
and Associates, represeMing Kern Land
Partners, LLC, and Bldart Dairy II, LLC, property
owners).
ACTION TAKEN
FR
FR
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Bakersfield, California, March 29, 2017- Page 5
8. CONSENT CALENDAR continued
e. Adoption of an Ordinance repealing Section
8.32.060(E) of the Bakersfield Municipal Code
relating to the Senior Refuse Rebate Program.
(FR 03108117)
Resolutions:
f. Resolution confirming approval by the City
Manager designee of the Chlef 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
collectlon of the assessments by the Kern
County Tax Collector.
g. Resolution In opposition of Senate 13111 649 as it
relates to local government control over
wireless telecommunications facllitles within the
City's right -of -way.
h. Resolutlon extending the Term of the Ward 5
Planning Commissioner.
1. Resolutions authorizing the City of Bakersfield
Recreation and Parks Director and Public Works
Director to apply for the Urban Greening Grant
Program and to enter Into agreements with the
State of Callfornla.
J. Wastewater Treatment Plant No. 3 - GE
Jenbacher Cogeneration Engines:
Resolution determining that services and
parts required for the maintenance of
two GE Jenbacher cogeneratlon
engines located at Wastewater
Treatment Plant No. 3 cannot be
reasonably obtalned through the usual
bidding procedures and authorizing the
finance director to dispense with usual
bidding procedures and execute an
agreement with Western Energy Systems
to provide services and parts, not to
exceed $200,000.
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ACTION TAKEN
ORD 0892
RES 030 -17
RES 031 -17
RES 032 -17
RES 033 -17
RES 034 -17
RES 035 -17
RES 036 -17
8.
2 8 1 9 Bakersfield, California, March 29, 2017 - Page 6
CONSENT CALENDAR continued
ACTION TAKEN
ITEM 8.j. CONTINUED
2. Agreement with Western Energy Systems
AGR 17 -035
($200,000) for providing maintenance
services and parts for two GE Jenbacher
cogeneration engines.
k. Sewer connection and construction fee
assessments for 10 North Stine Road:
1. Resolution confirming assessment for
RES 037-17
sewer connection and construction, and
authodzing the collection of assessment
by the Kern County Tax Collector.
2. Agreement with the Jennifer Fisher
AGR 17 -036
Revocable Trust to pay sewer
connection and construction fees
through the Kern County Tax Collector,
I. 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 -116 (SEC of Commerce Drive &
RES 038 -17
Commercial Way) - Ward 2
2. Area 2 -66 (SEC of Wilson Road & S. Real
RES 039 -17
Road) -Ward 6
3. Area 3-102 (NEC of Mountain Ridge Drive
RES 040 -17
& Taft Hwy /SR119) - Ward 6
4. Area 4 -164 (1920 Golden State Hwy) -
RES 041 -17
Ward 3
M. Resolution of Intention No, 1921 to add Area 4- R01 1921
165 (NEC of 24th Street & K Street) to the
Consolidated Maintenance District and
Preliminarily approving, confirming, and
adopting the Public Works Director's Report.
Agreements:
n. Final Map, Improvement Agreement, and AGR 17 -037
Landscape Improvement Agreement with River AGR 77 -038
Ranch Community, LLC for Tract 7267 Phase 1,
located at the southwest comer of Berkshire
Road and Progress Road.
Bakersfield, California, March 29, 2017 - Page 7
8. CONSENT CALENDAR continued
' o. Reimbursement Agreement with Kern County
Water Agency (not to exceed $60,000) for
emergency repairs to pipe culverts In water
recharge banking area.
p. Outside Legal Services:
1. Amendment No. 2 to Agreement No. 16-
207 with Nossaman LLP($150,000) to
provide outside legal services in the
matter of Citizens Against the 24th Street
Widening Project v. City of Bakersfield.
2. Appropriate $150,000 Utility Surcharge
Fund Balance within the Utility Surcharge
Fund.
q. Amendment No. 3 to Agreement No. 15-185
with Kern Sprinkler Landscaping Inc. ($320.000)
for the continued supply of on -call Irrigation
and landscape services.
r. Contract Change Order No. 9 and 10 to
t Agreement No. 15-260 with Security Paving
Company ($28,777.50; revised not to exceed
$6,428,624.80; Change Orders funded with
State Highway Operational and Protection
Program (SHOPP) funds (100%)) for the State
Route 99 at State Route 58 (Rosedale Highway)
Off Ramp Improvement Project,
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ACTION TAKEN
AGR 17 -039
AGR 16- 207(2)
AGR 15- 185(3)
AGR 15 -260
CCo 9, CCo 10
Contract Change Order Nos. 35, 40, 44, 46, and AGR 14 -241
47 to Agreement No. 14-241 with Security CCO 35, CCo 40
Paving Company ($120,188.27; revised not to CCo 44, CCo 46
exceed $84,399,840.30; Change Orders funded CCo 47
with Federal Earmark Funds (80%) and Capital
Outlay UTlllty /Roads Funds (20%)) for the Beltway
Operational Improvements (BOI) Project. (TRIP)
t. Rosedale Highway Widening Project (TRIP):
1. Contract Change Order No. 105 to AGR 15 -009
Agreement No. 15-009 with Telchert CCo 105
Construction ($11,639.99; revised not
to exceed $19,135,797.70; Change
Orders funded with Gas Tax Funds) for
' construction of said project.
B.
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CONSENT CALENDAR continued
ITEM B.A. COWNUED
2. Transfer $12,000 savings from the PG &E
Tower Relocation on Wests cle Parkway
Project to the Rosedale Highway
Widening Project to fund change orders.
Property Acquisition Agreements - TRIP:
U. Approval of the process for the sale and
relocation of the Speakeasy house located at
2312 24th Street to Bay Street and sale of surplus
real property.
V. Agreement with Cannon Corporation ($78,000)
to provide survey services for the 24th Street
Widening Project.
W. Amendment No. 2 to Agreement No. 14 -026
with Overland Pacific & Cutler (OPC) to
reallocate budget with no fee Increase.
ACTION TAKEN
RES 042 -17
AGR 17 -040
AGR 14- 026(2)
X. Accept bid and approve contract with Interior AGR 17 -041
Demolition, Inc. ($111,000) for Demolition of
Improvements at 132 Dunlap Street 137 Dunlap
Street, 18 Morrison Street, 205 S. Garnsey
Avenue, 4416 Woodlake Drive, 4500 Woodlake
Drive (Phase 18 for the Centennial Corridor
Project). (TRIP)
Bids:
y. Accept bid from McPeek's Dodge of Anaheim,
Anaheim, California ($49,496.22) for two
replacement full size pickups with extended
cabs for the Police Department.
Z. Accept bid from Three Way Chevrolet,
Bakersfield, ($87,503.98) for four replacement
midsize sedans for use by the Community
Development and Public Works Departments.
aa. Accept Base Bid and Additive Alternate No. 1 AGR 17-042
and Approve Contract with Klassen
Corporation (Base Bid: $1,545,000; Additive
Alternate No. 1: $545,000; total bid: $2,090,000)
for the Mesa Morin Phase II project.
1
a.
0
Bakersfield, California, March 29, 2017 - Page 9
CONSENT CALENDAR continued
ab, Accept bid and approve contract to Burtch
Construction, Bakersfield (not to exceed
$810,000) for the annual contract to deliver and
spread asphalt rejuvenator /sealant for the
Public Works Department, Streets Division.
ac. Kern River Bridge Improvements Project:
1. Accept bid and award contract to
Security Paving Company
($41,159,222.10; 88.53% federally funded
and 11.47% locally funded) to construct
the Project.
2. Amendment No. 2 to Agreement No. 14-
288 with Parsons Transportation Group
($449,822; 82.8% federal funds, 17.2%
local funds; revised not to exceed
$29,503,482) for design support services
during construction of the Project.
3. Appropriate $326.745 of County Local
TRIP Fund Balance to the Public Works
Department Capital Improvement
Budget within the County Local TRIP
Fund.
Miscellaneous:
ad. Appropriate $169,366 State grant revenues to
the Police Operating Budget within the S.L.E.S.F.
Fund.
Successor Agency Business:
Motion by Vice -Mayor Smith to adopt Consent
Calendar items 8.a. through 8.od.
CONSENT CALENDAR PUBLIC HEARINGS
None.
ACTION TAKEN
AGR I7 -043
AGR 17 -044
AGR 14- 288(2)
APPROVED
AB RIVERA
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10. HEARINGS ACTION TAKEN
a. Public Hearing to consider a Resolution ordering RESO43 -17 '
the summary vacation of a portion of a Waiver
of Direct Access adjacent to 12510 Stockdale
Highway. A determination that the summary
vacation is exempt from the requirements of
CEQA (General Rule) will also be considered.
Public Works Director Fidler made staff
comments and provided a PowerPoint
presentation.
Hearing opened at 5:48 p.m.
No one spoke.
Hearing closed at 5:48 p.m.
140110n by Vice -Mayor Smith f0 adapt the APPROVED
ResofUNOn. AB RIVERA
11. REPORTS
None.
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None
14. COUNCIL AND MAYOR STATEMENTS
Councllmember Gonzales advised he recently had
the opportunity to ride along with a Code
Enforcement Officer and expressed his appreciation
for all of their hard work.
Councllmember Gonzales announced he and several
downtown business owners and property owners have
established "Springtime in Downtown," a festival
beginning April 10 through May 7m, encouraging
people to visit downtown stores and restaurants.
Councllmember Weir expressed his satisfaction with
the completion and removal of the construction
project for a multi -use path across the Calloway Weir
from the Council Goals document. '
Bakersfield, California, March 29, 2017 - Page 11 2 8 2 4
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
' Mayor Goh congratulated the CSUB Men's Basketball
team and Coach Rod Barnes on their Journey to the
NIT semifinals at Madison Square Garden,
Mayor Goh announced the Wakayama Children's
Choir is visiting from Bakersfield's Sister City of
Wakayama. Japan, and will be performing tonight
with the Panama -Buena Vista Junior High Honor Choir
at Rldgeview High School.
15. ADJOURNMENT
Mayor Goh adjourned the meeting at 5:52 P.M.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK &d Ex Offlclo Clerk of
the Council of the City of Bakersfield
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