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HomeMy WebLinkAbout05/24/17 CC MINUTESTw. F A BAKERSFIELD CITY COUNCIL L MINUTES ® MEETING OF MAY 24, 2017 �o 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 a14:12 p.m.), Gonzales, Weir, Sullivan, Parlier Absent: None 2. PUBLIC STATEMENTS None. 3. WORKSHOPS a. Presentation regarding homelessness by Is Center, of the Bakersfield Homeless Center, Flood Ministries, and the Mission at Kern County. Assistant City Manager Teglia made staff comments. The following individuals made comments and provided a PowerPoint presentation: Louis Gill, Executive Director of the Bakersfield Homeless Center; Diane Contreras, Director of Operations for Flood Ministries; and Carlos Baldovinos, Executive Director of the Mission at Kern County. Councflmember Padler requested staff look into the possibility of repurposing parking meters or the addition of secure donation drop boxes as potential tools to help fund homeless outreach efforts. Councilmember Parker requested staff research the Homeless Business Partnership program in the City of Santa Maria, and explore the possibility of adopting a similar program in Bakersfield. 2 8 2 9 Bakersfield, California, May 24, 2017 - Page 2 3. WORKSHOPS continued ACTION TAKEN Councilmember Fortier requested staff generate a Resolution in support of using CDBG funds to support homeless outreach and return at a future meeting for Council action. Councilmember Rivera requested the discussion on creative funding sources to benefit homeless outreach programs be referred to the Budget and Finance Committee. Councilmember Rivera left the meeting at 4:51 p.m. 4. CLOSED SESSION None. S. CLOSED SESSION ACTION None. 6. ADJOURNMENT Mayor Goh adjourned the Closed Session meeting at 4:53 p.m. REGULAR MEETING -5:15 P.M. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera (seated at 5:30 p.m.), Gonzales, Weir, Sullivan, Parlier Absent: None 2. INVOCATION by Pastor Jeff Chandler, First Presbyterian Church. 3. PLEDGE OF ALLEGIANCE by Arlanna Ngoun, 3rd grade student at Loudon Elementary School. Bakersfield, California, May 24, 2017 - Page 3 2 8 3 0 4. PRESENTATIONS a. Presentation by David Womack, Senior Vice President and Area Manager for Kaiser Permanente Kern County, and Kristin Weber, Senior Community Benefit Specialist for Kaiser Permanente Kern County, of a check for $53,000 to Mayor Goh for the purpose of funding Recreation and Parks swimming lessons and other aquatic - related programs for qualified residents. Mayor Goh and Recreation and Parks Director Hoover accepted the check and made comments. b, Presentation of a Proclamation by Mayor Goh to American Legion Bakersfield Unit 26 President, Tiffany Nichols, and Honorary Junior Auxiliary Secretary, Alyssa Hurtado, declaring May, 2017, Poppy Month, Ms. Nichols and Ms. Hurtado accepted the Proclamation and made comments. C. Presentation of a Proclamation by Mayor Goh to American Public Works Association Branch President, Jeane Hill, declaring May 21 -27, 2017, National Public Works Week in Bakersfield. Ms. Hill accepted the Proclamation and made comments. S. PUBLIC STATEMENTS a. Kevin Barfl, Chair of the Property -Based Improvement District Committee (P -BID) for the Downtown Bakersfield Development Corporation (DBDC), provided an update on their outreach to property and business owners regarding the formation of a Property -Based Improvement District In the downtown area; and submitted written material. b. Melanie Farmer, President and CEO of the Downtown Business Association (DBA), spoke regarding upcoming events and submitted written material. C. Noel Pineo, spoke In support of the use of body cameras by Police Officers on duty; and submitted written material. ACTION TAKEN 2831 6. WORKSHOPS 7. 11 Bakersfield, California, May 24, 2017 — Page 4 a. Workshop discussing proposed changes to fees pursuant to the cost recovery system. Assistant City Clerk Drimakis announced a staff memorandum was received, transmitting a corrected attachment. Finance Director Smith made staff comments and provided a PowerPoint presentation. Motion by Vice -Mayor Smith to receive and file the report. APPOINTMENTS None. CONSENT CALENDAR Minutes: a. Approval of minutes of the May 10, 2017, Regular City Council Meetings and the May 15, 2017, Budget Presentation Meeting. Payments: b. Receive and file department payments from April 28, 2017, to May 11, 2017, In the amount of $14,887.213.92, and Self Insurance payments from April 28, 2017, to May 11, 2017, in the amount of $680,706.50, totaling $15,567,920.42. Ordinances: Resolutions: C. Resolution confirming approval by the City 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. ACTION TAKEN APPROVED RES 058.17 i j Bakersfield, California, May 24, 2017 - Page 5 2 8 3 2 8. CONSENT CALENDAR continued ACTION TAKEN d. 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 -117 (Renfro Road and Santa Fe RES 059.17 Way) - Ward 4 ASS SMITH 2. Area 2 -67 (SWC of New Stine Road and RES 060.17 Sundale Avenue) - Ward 6 3. Area 4 -166 (Mt. Vernon Avenue and Mall RES 061 -17 View Road) -Ward 3 e. Resolution of Intention No. 1918 preliminarily R011918 adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District ( "CMD" herein) and the 2017 -2018 budget and setting the time and place for hearing protests regarding the amount of park landscaping maintenance assessments to be levied throughout the CMD. Resolution of Intention No. 1919 preliminarily 8011919 adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District ( "CMD" herein) and the 2017 -2018 budget and setting the time and place for hearing protests regarding the amount of street and median landscaping assessments to be levied throughout the CMD. g. Resolution of Intention No. 1920 preliminarily 8011920 adopting, confirming and approving the Public Works Director's Report for twenty -two (22) Traffic Signal Maintenance Districts ( "TSMD" herein) and their 2017 -2018 budgets and setting the time and place for hearing protests on the amount of Traffic Signal assessments to be levied for each TSMD. Agreements: h, Agreement with Union Bank for Citywide AGR 17 -057 Banking and Merchant Services. AGR 17 -058 2 8 3 3 Bakersfield, California, May 24, 2017 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN Agreement with Definitl Comp Solutions (not to AGR 17 -059 exceed $175,000 annually) for Workers' Compensation BIII Review Services. Agreement with Hanna, Brophy, MacLean, AGR 17 -060 McAleer & Jensen, LLP (not to exceed $160,000 annually for a three -year period with an additional one -year option) for Workers' Compensation Legal Defense Services. k. Agreement with ABS Surplus-0 LLC, and AGR 17 -061 indemnification of Albertsons, to allow the City to utilize a vacant lot at the southwest corner of Stockdale Highway and Buena Vista Road on July 4, 2017, to accommodate additional parking for the Fourth of July Event at The Park at River Walk. I. Agreement with the County of Kern for use of AGR 17 -062 20 Mosimo Rad 57 Pulse Carbon Monoxide Oximeters by the Bakersfield Fire Department, M. Agreement with Telecom Law Firm (not to AGR 17.063 exceed $40,000) for consultant services for reviewing permits for wireless telecommunication facilities within City right -of- way. n. Bakersfield Municipal Airport: Agreement with BEST Energy Holdings, AGR 17.064 LLC (seller), which provides for the City to purchase Hangar D -5 and terminates Agreement No. 04 -240 ("Bakersfield Municipal Airport Long Term Ground Lease') associated with Hangar D -5 (in lieu of cash, compensation for purchase of Hangar D -5 shall be seller entering into a commercial ground lease agreement as stipulated in Item 2), 2. Commercial Ground Lease Agreement AGR 17.065 with BEST Energy Holdings, LLC (lessee), which provides for the lease of commercial office and hangar space commonly referred to as "419 Watts" at the Airport as compensation for the City's purchase of Hangar D -5. Bakersfield, California, May 24, 2017 — Page 7 2 8 3 4 8. CONSENT CALENDAR continued ACTION TAKEN o. Amendment No. 3 to Agreement No. 14 -091 AGR 14- 091(3) with Kern Turf Supply Inc. ($250,000; revised not to exceed $950,000 and extend term one year), to continue the supply of Irrigation parts and supplies. P . Amendment No. 4 to Agreement No. 13 -091 AGR 13. 091(4) with Safeway Sign Co. ($75,000; revised not to exceed $335,893.40 and extend the term one year), to continue the supply of traffic signs. q. Amendment No. 1 to Agreement No. 15 -281 AGR 15. 281(1) with Meyer Civil Engineering (no change In compensation; extend term of agreement) to provide consulting services for two Sewer Uff Station Rehabilitation Projects: White Lane and Buena Vista Road, and 24th Street and Oak Street. r. Contract Change Order No. 116 to Agreement No. 15-009 with Telchert Construction ($114,827.35; revised not to exceed $19,383,637.04; Change Orders funded with Gas Tax Funds) for the Rosedale Highway Widening Project. s. Contract Change Order Nos. 33, 38, 41, 44, 45, 47, 48, 49, 52, 54, 55 and 60 to Agreement No 15 -094 with Granite Construction Company ($33,390.18; revised not to exceed $22,920,303.65; change order funded with Federal Earmark Funds (88.53 %) and Capital Outlay Utility /Roads Fund (11.47 %1) for the State Route 178 Widening Construction Project (TRIP). Property Acquisition Agreements - TRIP: t. Agreement with David B. Hanley ($60,600) to purchase real property located at 3232 Mona Way for the Centennial Corridor Project. U. Accept bid and approve contract with Interior Demolition, Inc. ($158,362) for Demolition of Improvements at 22 Dunlap Street; 3899 Stockdale Highway, 3847 Stockdale Highway, 1117 Wible Road, 3308 Wood Lane and 4417 Woodlake Drive; Phase 20 for the Centennial Corridor Project. AGR 15 -009 CCO 116 AGR 15 -094 CCO 33, CCO 38 CCO 41, CCO 44 CCO 45, CCO 47 CCO 48, CCO 49 CCO 52, CCO 54 CCO 55, CCO 60 AGR 17 -066 DEED 8657 DEED 8658 GCHaIQobYA 2 8 3 5 Bakersfield, California, May 24, 2017 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN Accept bid and approve contract with Interior AGR 17 -068 Demolition, Inc. ($160,000.00; 88.53% federally funded, 11.47% local match funded with utility surcharge fees) for demolition of houses along 24th Street: 2330 Elm Street, 2331 Beech Street, 2330 B Street, 2318 B Street, and 2315 C Street. Bids: W. Accept bid and approve contract with Granite AGR 17 -069 Construction Company ($2,975,859.10) for the Pavement Rehabilitation 2016 -2017 RSTP - Californla Avenue from Oak Street to H Street Project. Sale of Surplus Police Weapons: Award bid for the purchase of 14 Colt LE6933 -EPR rifles to LC Action Police Supply, San Jose, California in the amount of $17,26725. 2. Appropriate $17,022 In revenue from the sale of surplus Colt AR15 rifles, Glock model 22 pistols, and Remington 870 shotguns to the Police Department operating budget within the General Fund. Miscellaneous: y. Appropriate $53,550 from Kaiser Permonente Southern California Fund grant revenues to the Recreation and Parks Operating Budget within the General Fund to provide swim lessons and passes to children and adults (Operation Splash). Z. Appropriate $726,752 Federal Grant funds from the USDA Forest Service and the USDI Bureau of Land Management and $579,607 State Grant funds from the California Office of Emergency Services to the Fire Department Operating budget within the General Fund for reimbursement of personnel and equipment costs on state -wide master mutual aid assignments. Bakersfield, California, May 24, 2017 - Page 9 B. CONSENT CALENDAR continued [" aa. Approval of Association of O'Melveny & Myers, ■i LLP, to provide outside legal services in the matter of Kiale v. Hubble, City of Bakersfield, et al., Kern County Superior Court Case No. S- 1500-CV- 283432, SPC. Successor Agency Business: Assistant City Clerk Drimakis announced a staff memorandum was received regarding Item 8.k., transmitting a modified agreement. Vice -Mayor Smith announced that he would abstain, due to a conflict of Interest, a person or entity involved in the proposed action is a source of income to him, on item 8.d.1. Vice -Mayor Smith announced the amount to be appropriated from Kaiser Pennanente Southern California Fund grant revenues to the Recreation and Parks Operating Budget, on item 8.y., was changed from $26,775 to $53,550. Motion by Vice -Mayor Smith to adopt Consent Calendar items 8.a. through 8.aa. 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS a, Appeal by Gustavo Varelo of the April 11, 2017, decision of the Board of Zoning Adjustment to approve: (1) Conditional Use Permit to allow a six person rooming -house to expire on October 12, 2017; and (2) Zoning Modification to allow two automobile parking spaces where a minimum four spaces is required for the rooming -house In a R -1 (One - Family Dwelling Zone) district located at 6106 Martinique Court. (Staff recommends adopting the Resolution upholding the appeal and denying the conditional Lite Pennitl2 ring Modification No. 17- 0062.) Community Development Director Kitchen made staff comments and provided a PowerPoint presentation. Hearing opened at 6:05 p.m. 2836 ACTION TAKEN APPROVED RES 062.17 2 8 3 7 Bakersfield, California, May 24, 2017 -Page 10 10. HEARINGS continued ACTION TAKEN 11 12. 13. 14. The following Individuals spoke In opposition to the staff recommendation: Pinky Unithicumn, Operator and owner of the facility; Gabrlela; Juan Saco; Nicole, a resident of the facility; Sarah Culver, a resident of the facility; and Vanessa Herrera, a resident of the facility. The following individuals spoke in support of the staff recommendation: Dolores Martinez (submitted written material); Gustavo Varela (submitted written material); Jennifer Salinas; and Deana Rubano. Pinky Unithicumn spoke in rebuttal opposition to the staff recommendation. The following individuals spoke In rebuttal support of the staff recommendation: Gustavo Varela; Deana Rubano; Carlos Pacheco; and Emily Martinez. Hearing closed at 6:49 p.m. Motion by Councilmember Sullivan to approve the staff recommendation. Due to the He vote, Mayor Goh voted. REPORTS None. DEFERRED BUSINESS None. NEW BUSINESS None, COUNCIL AND MAYOR STATEMENTS Councilmember Parlier requested the Legislative and Litigation Committee explore the differences between the City and County Ordinances regarding the use of unregulated chemicals such as "bath salts" or "spice ". APPROVED NOES RIVERA, GONZALES, SMITH MAYOR VOTED AYE j i i Bakersfield, California, May 24, 2017 - Page 11 2 8 3 8 14. COUNCIL AND MAYOR STATEMENTS continued Councilmember PaMer spoke regarding habitual code enforcement problems at the Coventry Apartments and requested staff look into taking civil action against the owners of the apartments. Councilmember Parlier requested the City make a financial contribution to the annual Fourth of July fireworks show, and referred the matter to stall Councilmember Sullivan made additional comments regarding the appeal hearing and noted It was a difficult decision. 15. ADJOURNMENT Mayor Goh adjourned the meeting in honor of Memorial Day at 7:26 p.m. J W aL.Q1% -!p MAYOR of the City of Bakersfield, CA ATTEST: MAY b11M1A" ELM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield I 2 8 3 9 Bakersfield, California, May 24, 2017 — Page 12 ****THIS PAGE INTENTIONALLY LEFT BLANK.... p!