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BAKERSFIELD CITY COUNCIL
L MINUTES
® MEETING OF MAY 24, 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 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
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6. WORKSHOPS
7.
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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
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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
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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
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