HomeMy WebLinkAbout04/19/17 CC MINUTES2826
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F „ " BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 19, 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. ACTION TAKEN
1. ROLL CALL
Present: Mayor Goh, Vice -Mayor Smith,
Councllmembers Rivera (seated at 5:00
p.m.), Gonzales, Weir, Sullivan (seated at
3:35 p.m.), Parller
Absent: None
Mayor Goh acknowledged students from California State
University Bakersfield and Bakersfield College, In attendance
at the meeting to learn about City government.
Assistant City Clerk Drimakis announced a memorandum was
received from the City Attorney, requesting Closed Session
item 4.d, be removed from the agenda.
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
a. 2017 Council Goals Adoption.
City Manager Tandy made staff comments
Management Assistant Blaschke made
additional staff comments and provided a
PowerPoint presentation.
Motion by Councilmember Weir to approve the
2017 City Council Goals document. APPROVED
AB RIVERA
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4.
5.
Bakersfield, California, April 19, 2017- Page 2
CLOSED SESSION ACTION TAKEN
a. Conference with Legal Counsel — Existing
Litigation; Closed Session pursuant to J
Government Code section 54956.9(d)(1)
regarding Leficlo Delarosa, et al. v. City of
Bakersfield Kern County Superior Court Case
No. BCV -15- 100199, DRL.
b. Conference with Legal Counsel — Potential
1-I11gation; Closed Session pursuant to
Government Code section 54956.9(d)(2),(e)(1)
(one matter).
C. Conference with Legal Counsel — Existing
Litigation; Closed Session pursuant to
Government Code section 54956.9(d)(1)
regarding North Kern Water Storage District, et
al. v. City of Bakersfield, Tulare County Superior
Court Case No. VCU268399 (consolidated with
VCUl3- 251535, VCU13- 251748, and VCU13-
251598).
d. 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 3:42 p.m.
AB RIVERA
Motion by CouncHmember Weir to adjourn from
APPROVED
Closed Session at 5:14 p.m.
Meeting reconvened of 5:17 p.m.
CLOSED SESSION ACTION
a. Conference with Legal Counsel — Existing
STAFF WAS GIVEN
Litigation; Closed Session pursuant to
DIRECTION
Government Code section 54956.9(d)(1)
regarding Leflcio 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 Session pursuant to
ACTION
Government Code section 54956.9(d)(2),(e)(1)
(one matter).
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Bakersfield, California, April 19, 2017 - Page 3
S. CLOSED SESSION ACTION continued
ACTION TAKEN
C Conference with Legal Counsel — Existing
NO REPORTABLE
Litigation; Closed Session pursuant to
ACTION
Government Code section 54956.9(d)(1)
regarding North Kern Water Storage District, et
al. v. City of Bakersfield, Tulare County Superior
Court Case No. VCU268399 (consolidated wlth
VCU13- 251535, VCU13- 251748, and VCU13-
251598).
d. Conference with Legal Counsel — Potential
REMOVED BY STAFF
Litigation; Closed Session pursuant to
Government Code section 54956.9(d)(2),(e)(1)
(one matter).
6. ADJOURNMENT
Mayor Goh adjourned the Closed Session meeting at
5:18 P.M.
REGULAR MEETING -5:20 p.m.
1. ROLL CALL
Present: Mayor Goh, Vice -Mayor Smith,
Councilmembers Rivera, Gonzales, Weir
(seated at 5:22 p.m.), Sullivan, Parlier
Absent: None
Mayor Goh acknowledged the following people in
attendance at the meeting to learn about City government:
ASB students from Eissler Elementary School; Mr. Nicholas
Sukut, 6m grade teacher at Eissler Elementary School; and
students from Bakersfield College and California State
University Bakersfield.
2. INVOCATION by Pastor Andy Prince, Grace Baptist
Church.
3. PLEDGE OF ALLEGIANCE by Natalie Shaffer, 6m grade
student and ASS Secretary at Eissler Elementary
School.
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4. PRESENTATIONS
S.
a. Presentation of a Proclamation by Mayor Goh
to Carlos Bello, Chairman of the Asthma
Coalition of Kern County, declaring May, 2017,
Asthma Awareness Month,
Mr. Bello accepted the Proclamation and
made comments.
b. Presentation of a Proclamation by Mayor Goh
to Mark Roy, Managing Attorney, Greater
Bakersfield Legal Assistance Fair Housing Law
Project, declaring April 2017, Fair Housing
Month.
Mr. Roy accepted the Proclamation and made
comments.
C. Presentation of a Proclamation by Mayor Goh
to Shannon Vernon, Garden Pathways Director
of Childhood Education, declaring Aprll 24 -28,
2017, Week of the Young Child.
Ms. Vernon accepted the Proclamation and
made comments.
PUBLIC STATEMENTS
a. Marvin Dean, representing the Kern Minority
Contractors Association, invited the City
Council and staff to attend a transportation
forum, on Friday, April 21, 2017, at the
Bakersfield Marriott Hotel, to discuss SB-1, a
transportation funding bill; and submitted
written material.
b. Mona Sidhu expressed concern regarding
statements made about hate crimes in
Bakersfield.
C. David Dooley, President of Advancing
Parenting, a local non - proflt organization,
explained that their organization provides
window decals for vehicles and businesses with
parenting tips; requested the City Council
consider placing these parenting tips on City
vehicles; and submitted written material.
ACTION TAKEN
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Bakersfield, California, April 19, 2017 - Page 5
S. PUBLIC STATEMENTS continued ACTION TAKEN
d. David Lyman, Manager of Visit Bakersfield,
spoke regarding a collaborative effort with the
Arts Council of Kern, on a walking tour of
downtown public art called "Art Trek "; the
brochure was funded by a grant from the
Bakersfield Californian Foundation and will
appear at Bakersfield hotel and attractions,
Including the Amtrak Station, art galleries, the
Arts Council of Kern, Visit Bakersfield, and online
at www .visitbakersfield.com /arttrek.
6. WORKSHOPS
a. Presentation by California Water Service
Company (Cal Water) regarding authority to
establish Its Authorized Cost of Capltal Filing
with the California Public Utilities Commission.
Assistant City Manager Teglla made staff
comments.
Greg Milleman, Director of Operations for
California Water Service Company, and Mike
Mares, Bakersfield District Manager, made
comments and provided a PowerPoint
presentation.
Counctlmember Rivera requested stall provide
information regarding the possibility of
an intervention.
Motion by Councilmember Weir to direct staff to APPROVED
fake the necessary steps to intervene in
Calffomia Water Service Company's
application with the California Public Utilities
Commission (CPUC).
APPOINTMENTS
One appointment to the Planning Commission
due to the expiration of term of Oscar Rudnick
(Ward 3), whose term expires April 30, 2017.
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7. APPOINTMENTS continued ACTION TAKEN
ITEM To. CONTINUED
Assistant City Clerk Drimakis announced
applications were received from the following
individuals: Adam Cohen; Brady Bernhardt;
Clarence Cryer; Houston Ursery; Jenifer Pitcher;
Michael Caves; Oscar Rudnick; Scoff Hanson;
and Timothy Bergeron.
Motion by Councilmember Weir to re- appoint APPROVED
Oscar Rudnick to a lour -year term on the
Planning Commission, term expiring April 30,
2021.
b. One appointment to the Historic Preservation
Commission due to the expiration of term of
Brady Barnhart, whose term expired March 30,
2017
Assistant City Clerk Drimakis announced
applications were received from Brady
Bernhardt and Timothy Bergeron (ballots were
used).
Ward 1
Bernhardt
Ward 2
Bernhardt
Ward 3
Bernhardt
Ward 4
Bernhardt
Ward 5
----- -- - - --
Ward 6
Bernhardt
Ward 7
Bergeron
Motion by Vice -Mayor Smith to re- appoint APPROVED
Brady Bernhardt to a three -year term on the
Historic Preservation Commission, term expiring
March 30, 2020.
c. Appointment of an Alternate Committee
Member to the Keep Bakersfield Beautiful
Committee (Ward 7), to fill a vacant position
with a term to expire December 201 B.
Motion by Councilmember Parlier to appoint APPROVED
Manpreet Kaur to the Keep Bakersfield Beautiful
Committee, term expiring December 2018.
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Bakersfield, California, April 19, 2017 - Page 7
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 29, 2017,
Regular City Council Meetings.
Payments:
b. Receive and file department payments from
March 17, 2017, to April 6, 2017, In the amount
of $19,733,292.17, Self- Insurance payments from
March 17, 2017, to April 6, 2017, in the amount
of $477,760.22, totaling $20,211,052.39.
Ordinances:
C. Adoption of an Ordinance amending Chapter
1.40 of the Bakersfield Municipal Code relating
to Penalties. (FR 03129117)
d. Adoption 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.ff.,
located north of Snow Road, east of 6luall
Creek Road; from R -2 /PUD (Limited Multiple -
family Dwelling /Planned Unit Development)
to R -1 (One - Family Dwelling) on 22,693 net
sq.ff.; and R -1 (One - Family Dwelling) to R -2 /PUD
(Limited Multiple - famlly Dwelling /Planned Unit
Development) on 40,192 net sq.ft., located
south of Etchart Road, west of Coffee Road
(ZC p 16 -0463 - McIntosh and Associates,
representing Kern Land Partners, LLC, and Bidart
Dairy II, LLC, property owners) (FR 03129117)
Resolutions:
e. Resolution authorizing the sale ($1,000) of a
Surplus Ford Crown Victoria sedan to Bakersfield
Homeless Center.
f. Resolution accepting the U.S. Department of
Homeland Security Federal Emergency
Management Agency (FEMA) grant funding for
two emergency generators and authorizing
the City Manager or the City Finance Director
to execute all necessary documents.
2832
ACTION TAKEN
ORD 4893
ORD 4894
RES a" -17
RES 048 -17
2 8 3 z Bakersfield, California, April 19, 2017 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
g. Resolution in support of AB 763 (Salas) - RES 046 -17
Independent Living Centers: Funding.
h. Sewer connection fee assessment for 1817
Filson Street:
1. Resolution confirming assessment for the
RES 047 -17
sewer connection fee and authorizing
the collection of assessment by the Kern
County Tax Collector.
2. Agreement with Maria Cruz Gostelum to
AGR 17 -045
pay the sewer connection fee through
the Kern County Tax Collector.
Agreements:
I. Memorandum of Understanding regarding
AGR 17.046
instructional services between the Kern
Community College District and Bakersfield
Police Department.
j. Consultant Agreement with AECOM (not to
AGR 17 -047
exceed $3,975,324; 82,8 %federal funds; 17.2%
local funds) for Construction Management
Services for the Kern River Bridge Improvements
Project.
k. Transportation Impact Fee Refund Agreement
AGR 17 -048
with Lennar Homes, Inc. (not to exceed
$246,212.69), for construction of improvements
on Ashe Road along the frontage of Tentative
Tract Maps 6757 and 6758.
I. Median Fee Reimbursement Agreement with
AGR 17 -049
Lennar Homes, Inc. (not to exceed $85,479.91),
for median construction and median
landscaping on Ashe Road between Taft
Highway /SR119 and McKee Road.
M. Amendment No. 1 to Ground Lease Agreement
AGR 15- 044(1)
No. 15-044 with Michael D. Taylor N841 CM, LLC,
assigning Hangar Space A5 at the Bakersfield
Municipal Airport to Jacqui Sickles.
Bakersfield, California, April 19, 2017 - Page 9 2 8 3 4
8. CONSENT CALENDAR continued ACTION TAKEN
n. Amendments to Agreements with San Joaquin
Valley Air Pollution Control District (SJVAPCD)
for bicycle lane striping improvements:
1. Amendment No. 1 to Agreement No. 14- AGR 14- 183(1)
183 to extend project completion date
to December 31, 2017 for Class II bike
lane and striping improvements along
both sides of a three mile segment of
Harris Road between Wible Road and
Gosford Road,
Amendment No. 1 to Agreement No. 14- AGR 14- 273(1)
273 to extend project completion date
to December 31, 2017 for Class II bike
lane and striping improvements along
both sides of a two mile segment of
Harris Road between Gosford Road and
Buena Vista Road,
3. Amendment No. 1 to Agreement No, 15-
AGR 15- 268(1)
268 to extend project completion date
to December 31, 2017 for construction of
a Class II bike lane with striping along
both sides of Clay Patrick Farr Way from
Hagemon Road to Granite Falls Drive,
and on Meacham Road from Clay
Patrick Farr Way to Calloway Drive.
o. Contract Change Order No. 3 to Agreement
AGR 17 -020
No. 17 -020 with S& H Clvllworks, ($35,556; revised
CCO 3
not to exceed $511,204.07) for construction of
the Street Improvements: North of Brundage
and West of Union Phases 6 and 7 Project.
P. Rosedale Highway Widening Project (TRIP):
1. Contract Change Order No. 112 to
AGR 15.009
Agreement No. 15 -009 with Teichert
CCO 112
Construction ($143,409.68; revised not to
exceed $19,339,051_50; Change Orders
funded with Gas Tax Funds) for
construction of said project.
2. Transfer $145,000 savings from the PG &E
Tower Relocation on Westslde Parkway
[` Project to the Rosedale Highway
LWidening Project within the Gas Tax
Fund for sold change order.
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8. CONSENT CALENDAR continued ACTION TAKEN
Property Acquisition Agreements - TRIP:
]
q.
Accept bid and approve contract with AGR 17.050
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AMPCO Contracting, Inc. ($386,748.26) for
Demolition of Improvements at 4606 California
Avenue and 4628 California Avenue; Phase 19
for the Centennial Corridor Project. (TRIP)
Bids:
r.
Accept bid from Jim Burke Ford, Bakersfield
($55,761,76) for two replacement four door
police special utility vehicles for use by the
Police Department K -9 unit.
S.
Accept bid from Mullahey CDJR, Paso Robles,
California ($45,806.90) for two replacement
midsize passenger vans for the Public Works
Fleet Division and the Police Department.
t.
Accept bid from Brock's Trallers, Incorporated
($43,502.24) for a replacement dump trailer
with loader for the Public Works Department,
U.
Solid Waste Division.
Sewer Llff Station Rehabilitation at Alfred Harrell
No. 3 and Brandon Park:
1. Accept bid and approve contract with AGR 17 -051
Pyramid Building and Engineering
($1,274,400) for construction of said
projects.
2. Transfer $250,000 from Wastewater
Treatment Plant No. 3's Capital
Improvement Budget (project entitled
"Sewer tiff and Storm Pump Station ") to
Wastewater Treatment Plant No, 2's
Capital Improvement Budget to
provide additional funding for the Alfred
Harrell No. 3 lift station.
3. Transfer $800,000 from the project
entitled "Sewer Uff and Storm Pump
Station" (Wastewater Treatment Plant
No. 3) to fund the Brandon Park lift
station.
Bakersfield, California, April 19, 2017 - Page 11 2 8 3 6
8. CONSENT CALENDAR continued ACTION TAKEN
Miscellaneous:
V. Appropriate $150,000 County Grant Revenues
to the General Fund Police Operating Budget,
to provide funding to deter, investigate, and
prosecute real estate fraud crimes.
W. Irrevocable encroachment permit for parking
spaces within adopted City of Bakersfield road
right -of -way for a retail center located at 3203
Ming Avenue (southeast corner of Ming
Avenue and Wible Road).
Successor Agency Business:
X. Receive and file Successor Agency payments
from March 17, 2017 to April 6, 2017 in the
amount of $2,760,950.
Motion by Vice -Mayor Smith to adopt Consent APPROVED
Calendar items 8.a. through 8.x.
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider a resolution RES 048 -17
approving a Mitigated Negative Declaration In
support of the Manor Street Bridge
Rehabilitation and Seismic Retrofit Project,
located in northeast Bakersfield, on the portion
of Manor Street that crosses over the Kern River,
south of East Roberts Lane junction.
b. Public Hearing to consider General Plan RES 263.04(1)
Amendment If 16 -0309. City of Bakersfield- Public
Works Department has applied for an
amendment to the circulation element of the
general plan to (1) Amend Exhibit A of
Resolution 263 -04 to clarify the existing
boundaries for the West Beltway and Westside
Parkway Interchange located along Stockdale
Highway, generally between Renfro Road and
Heath Road; and (2) Add a Class 1 Bike Path
within the right -of -way of the West Beltway from
Stockdale Highway south. A finding that the
project is exempt from the California
Environmental Quality Act will also be
considered.
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9.
CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
Consent Calendar Hearing items 9.a. and 9.b.
opened at 6:38 p.m.
No one spoke.
Consent Calendar Hearing items 9.a. and 9.1b. closed
at 6:39 p,m.
Motion by Vice -Mayor Smith to adopt Consent APPROVED
Calendar Hearing items 9.a. and 9.b.
10.
HEARINGS
None,
11.
REPORTS
None.
12.
DEFERRED BUSINESS
None.
13.
NEW BUSINESS
None,
14.
COUNCIL AND MAYOR STATEMENTS
Councllmember Rivera requested staff provide a
status update regarding the 2411, Street Improvement
Project and the Hageman Flyover Project.
Councilmember Gonzales made comments regarding
the adoption of the Resolution in support of AB 763
and recognized Jimmy Soto, Executive Director of
Independent Living Center, in attendance at the
meeting.
Vice -Mayor Smith spoke regarding Consent Calendar
item 8.n., and thanked staff for their effort In
obtaining grants from the San Joaquin Valley Air
Pollution Control District for bicycle lane and striping
improvements.
Vice -Mayor Smith made comments regarding General
Plan Amendment 16 -0309, concerning the addition of
a Class 1 Bike Path within the right -of -way of the West
Beltway from Stockdale Highway south.
Bakersfield, California, April 19, 2017 —Page 13 2 8 3 8
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TARN
Councilmember Parlier reminded everyone the
annual Great American Cleanup will be held this
Saturday. April 22nd, at Yokuts Park.
Mayor Goh stated she is looking forward to seeing
everyone at the Great American Cleanup on
Saturday.
15. ADJOURNMENT
Mayor Goh adjourned the meeting at 6:43 p.m.
-;4mjv
MAYOR of the City of akersfleld, CA
ATTEST:
a- ¢,
CITY CLER14nd Ex Officio Clerk of
the Council of the City of Bakersfield
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