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HomeMy WebLinkAbout05/10/17 CC MINUTESI BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 10, 2017 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 9 3. 4. Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Gonzales, Weir, Sullivan (seated at 3:35 p.m.), Parlier Absent: Councllmember Rivera PUBLIC STATEMENTS None. WORKSHOPS None, CLOSED SESSION a. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1) (one matter). b. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) regarding Arturo Gonzalez v. City of Bakersfield USDC Case No. 1: 1 6-CV-001 07-JLT. Motion by Vice -Mayor Smith to adjourn to Closed Session at 3:33 p.m. Motion by Councllmember Weir to adjourn from Closed Session at 4:16 p.m. Meeting reconvened at 4:45 p.m. 2814 ACTION TAKEN APPROVED AS RIVERA APPROVED AS RIVERA 2 8 1 5 Bakersfield, California, May 10, 2017 - Page 2 5. CLOSED SESSION ACTION ACTION TAKEN 1 a. Conference with Legal Counsel — Potential NO REPORTABLE l Litigation; Closed Session pursuant to ACTION +■ Government Code section 54956.9(d)(2),(e)(1) (one matter). b. Conference with Legal Counsel — Existing NO REPORTABLE Litigation; Closed Session pursuant to ACTION Government Code section 54956.9(d)(1) regarding Arturo Gonzalez v. City of Bakersfield USDC Case No. 1: 1 6-CV-00 1 07-JLT. 6. ADJOURNMENT Mayor Goh adjourned the Closed Session meeting at 4:45 p.m. REGULAR MEETING -5:15 P.M. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Gonzales, Weir, Sullivan, Parlier Absent: Councilmember Rivera Mayor Goh acknowledged students from Taft College, Fresno Pacific University, Bakersfield College, and a Cub Scout in attendance at the meeting to learn about City government. 2. INVOCATION by Pastor Saul Gonzalez, LlfeHouse Church /lglesla CasaVida. 3. PLEDGE OF ALLEGIANCE by Colble Sawyer, 3rd grade student at Rio Bravo Greeley Elementary School. i Bakersfield, California, May 10, 2017- Page 3 2 8 1 6 4. PRESENTATIONS a. Presentation of a Certificate of Appreciation by Mayor Goh to Susie and Jim Marcheslnl, property owners of 5901 Cedar Falls, Yard of the Quarter Award recipients. Ms. Amy Loken Hudson, Keep Bakersfield Beautiful Advisory Board Member, made comments. Mr. and Mrs. Morchesini accepted the Proclamation and made comments. b. Distinguished Budget Presentation Award presented by Mayor Goh to Assistant City Manager Chris Huot, representing the City Manager's Office. Assistant City Manager Huot accepted the award and made comments. C. Presentation of a Proclamation by Mayor Goh to Alan Tandy, City Manager, declaring May 7- 13, 2017, Public Service Recognition Week in Bakersfield. City Manager Tandy accepted the Proclamation and made comments. d. Presentation of a Proclamation by Mayor Goh to David Lyman, Visit Bakersfield Manager, declaring May 7 -13, 2017, Travel and Tourism Week in Bakersfield. Ms, Jenny Gatlin, General Manager of the Courtyard by Marriott and representing the Board of Directors for Visit Bakersfield, accepted the Proclamation and made comments. Visit Bakersfield Manager Lyman made additional comments. 5. PUBLIC STATEMENTS a. Mona Sidhu expressed concern regarding the prosecution of hate crimes in Bakersfleld. ACTION TAKEN 2 8 1 7 Bakersfield, California, May 10, 2017 - Page 4 5. PUBLIC STATEMENTS continued ACTION TAKEN C. Terry Maxwell expressed concern with the fiscal year 2017 -18 proposed budget. d. Jack Becker, Programs Manager for Bike Bakersfield, announced that May is "Bike Month" and advised several events will be held throughout the month. e. Nathan Nemnich stated he has an idea on ways to lower The City's tax burden, Including the creation of an organization dedicated to improving the local economy; and requested to meet with the City Council to discuss his Ideas. f. Karl Hellman, Executive Director of the Bakersfield Symphony Orchestra, provided an update on the symphony and youth outreach; and thanked the Council for their continued support. 6. WORKSHOPS a. Fiscal Year 2017 -18 Proposed Budget Overview. City Manager Tandy made staff comments. Assistant City Manager Huot made additional staff comments and provided a PowerPoint presentation. 7. APPOINTMENTS None. B. CONSENT CALENDAR Minutes: a. Approval of minutes of the April 19, 2017, Regular City Council Meetings. i J I I Bakersfield, California, May 10, 2017 —Page 5 CONSENT CALENDAR continued Payments: b. Recelve and file department payments from April 7, 2017, to April 27, 2017, in the amount of $18,458,363.50, Self- Insurance payments from April 7, 2017, to April 27, 2017, in the amount of $738,684.64, totaling $19,197,048.14. Ordinances: Resolutions: C. Resolution In opposition to Assembly BIII 199. d. Resolution determining that wellhead treatment facilities, piping, engineering service, construction services, and other ancillary support services cannot be reasonably obtained through the usual bidding procedures, and authorizing the Finance Director to dispense with bidding thereof and enter into contracts to purchase necessary equipment and procure engineering and construction services for large -scale TCP Mitigation Project. e. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properfles 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. Resolution approving an application to the Kern County Local Agency Formation Commission to annex uninhabited territory Into the City identified as Annexation No. 673 located along the west side of Calloway Drive, approximately 530 feet north of Brimhall Road. A finding that the project is exempt from the California Environmental Quality Act under Section 15061 (b) (3) will also be considered. ACTION TAKEN RES 049.17 e1111IRRDPA RES 051 -17 RES 052 -17 2818 2 B 1 9 Bakersfield, California, May 10, 2017 — Page 6 8. CONSENT CALENDAR continued ACTION TAKEN g. Resolution approving an application to the Kern RES 053-17 ■ County Local Agency Formation Commission to J annex inhabited territory into the City Identified as Dennen No. 2, Annexation No, 677, located generally north of Panama Lane and west of Highway 99. A finding that the project Is exempt from the California Environmental Quality Act under Section 15061 (b) (3) will also be considered. h. Resolution dispensing with bidding procedures RES 054 -17 due To emergency repairs for the digester gas flare at Wastewater Treatment Plant No. 3 and authorizing Crider Construction, Inc. to provide parts, services, and equipment necessary to repair digester gas flare, not to exceed $80,000. Resolution determining that Bloxide@, a RES 055 -17 proprietary chemical for sewer odor control and reduction of sulfide gas levels, cannot be reasonable obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof for a period of one year, not to exceed the budgeted amount of $900,000. Bakersfield Amtrak Railway: Resolution dispensing with bidding RES 056.17 procedures due to urgent necessity to replace and repair section of City owned Amtrak railway ties and authorizing RailWorks Track Services, Inc. to replace and repair railway ties and Burlington Northern and Santa Fe Railway (BNSF) to provide signal support and train control (not to exceed $140,000). 2. Appropriate $37,000 Transportation Development Act Article 4 funds To the Public Works Department's Operating Budget within The Amtrak Operating Fund. 2820 Bakersfield, California, May 10, 2017 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN k. Resolution to add Area 4 -165 (NEC of 24th RES 057.17 Street & K Street) to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report. I. Resolutions of Intention (ROI) adding 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. 1923 adding Area 1 -117 (Renfro ROI 1923 Rd. & Santa Fe Way) - Ward 4 ARS SMITH 2. ROI No. 1924 adding Area 2 -67 (SWC of ROI 1924 New Stine Rd. & Sundale Ave.) - Ward 6 3, ROI No. 1925 adding Area 4 -166 (Mt. Rol 1925 Vernon Ave. & Mail View Rd.) - Ward 3 Agreements: M. Agreement with Brown Armstrong AGR 17 -052 Accountancy Corporation ($51,300) for a full scope annual audit of Fiscal Year 2016 -17. n. Agreement with Solenis LLC ($430,000) to AGR 17 -053 provide dewatering polymer for Wastewater Treatment Plant No. 3. o. Agreement with Greater Bakersfield Legal AGR 17 -054 Assistance, Inc. (GBLA) ($100,000) to provide fair housing services. p. Construction of sewer line improvements In Ashe Road south of Taft Hwy /SR119: 1. Planned Sewer Area Reimbursement AGR 17 -055 Agreement with MG3 Partners, LLC (not to exceed $785,679) for construction of said sewer line Improvements. 2. Appropriate $785,679 from Curnow Planned Sewer Area Developer Deposits to the Public Works Department's Capital Improvement budget within the Sewer Enterprise Fund (Wastewater Treatment Plant No. 3) to reimburse developer for actual construction costs, not to exceed $785,679. 2821 r1l Bakersfield, California, May 10, 2017 - Page 8 CONSENT CALENDAR continued ACTION TAKEN q. Amendment No. 1 to Agreement No. CAI 6-001 AGR 17 -056 with Clifford & Brown ($60,000) to provide outside legal services In the matter of Bjorneboe v. City of Bakersfield. r. Amendment No. 3 to Agreement No, 15 -036 AGR 15. 036(3) with San Joaquin Fence and Supply ($125,000; revised not to exceed $822,790.75) for the supply of fencing. S. Contract Change Order No. 1 to Agreement AGR 17 -023 No. 17 -023 with Interior Demolition ($19,817.78; CCO 1 revised not to exceed $113,144.78) for the Demolition of Improvements along 24TM Street: 2401 Bay Street, 2400 Alder Street, 2401 Alder Street, 2400 Cedar Street, and 2401 Cedar Street. t. Contract Change Order No. 113 to Agreement AGR 15 -009 No. 15-009 with Teichert Construction CCO 113 ($27,046.19; revised not to exceed $19,366,097.69; Change Orders funded with Gas Tax Funds) for the Rosedale Highway Widening Project. Property Acquisition Agreements - TRIP: Bids: U. Purchase of Four Door Police Sedans: 1. Accept bid from Jim Burke Ford, Bakersfield ($931,356.61) for 41 replacement four door police speclal sedans for the Police Department, 2. Appropriate $80,584 Equipment Fund Balance to the Public Works Department's Operating Budget to fund the amount of purchase costs recovered through fleet rental rates for six total loss vehicles. 3. Transfer and appropriate $122,416 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 for the six total loss vehicles. Bakersfield, California, May 10, 2017 - Page 9 2 8 2 2 B. CONSENT CALENDAR continued ACTION TAKEN Miscellaneous: Successor Agency Business: V. Receive and file Successor Agency payments from April 7, 2017, to April 27, 2017, In the amount of $1,422.20. Vice -Mayor Smith announced that he would abstain, due to a conflict of Interest, the proposed action may have a financial effect on real property in which he has an economic interest, on item 8.1.1 Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar items 8.a. through 8.v. AB RIVERA CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS a. Budget and Finance Committee Report regarding Fiscal Year 2017 -18 Community Development Block Grant (CDBG - $3,260,214), HOME Investment Partnerships (HOME - $1,117,081). Housing Opportunities for Persons with HIV /AIDS (HOPWA- $384,538), and Emergency Solutions Grant (ESG - $287,896) Action Plan submittal (Total - $5,049,729). (Staff recommends acceptance of the report, and authorization for the City Manager to execute all documents to submit the Annual Acton Plan.) Community Development Dlrector Kitchen made staff comments and provided a PowerPoint presentatlon. Hearing opened at 6:38 p.m. The following individuals spoke In opposition to the staff recommendation: Chuck Jehle, Mission Community Services Corporation; Clarita Portillo, Business Consultant and Instructor for Mission Community Services Corporation; Jesse Portillo, Business Consultant and Instructor for Mission Community Services Corporation; and Gabriela Murgula (translated Is from Spanish to English by Jesse Portillo). 2 8 2 3 Bakersfield, California, May 10, 2017 —Page 10 10. HEARINGS continued Hearing closed at 6:48 p.m. Motion by Vice -Mayor Smith to accept the report, and authorize the City Manager to execute all documents required to submit the Annual Action Plan. 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None, 14. COUNCIL AND MAYOR STATEMENTS Councllmember Parller stated the Police Special Enforcement Unit has seized twice the amount of guns from the street in the past year and thanked the Police Department for their efforts. Councilmember Weir advised he recently returned from a trip to Sister City of Bucheon, Korea, on behalf of the City of Bakersfield; and passed out business cards he received as a gift, with the standard Bakersfield business card on one side and a Korean version on the other side. Vice -Mayor Smith expressed his appreciation for City staff . Councllmember Gonzales also expressed his appreciation for staff; and thanked the representatives from Mission Community Services Corporation for attending the meeting and hopes to partner with them in the future. Mayor Gain thanked staff and stated she looks forward to seeing everyone at the Employee Appreciation Breakfast on Friday. ACTION TAKEN APPROVED AS RIVERA i Bakersfield, California, May 10, 2017 — Page 11 15. ADJOURNMENT ACTION TAKEN Mayor Goh adjourned the meeting at 6:54 p.m. � o MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK an (9 Ex Officio Clerk of the Council of the City of Bakersfield L 2824 2 8 2 5 Bakersfield, California, May 10, 2017 — Page 12 ****THIS PAGE INTENTIONALLY LEFT BLANK "" R1 i i