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HomeMy WebLinkAbout06/07/17 CC MINUTESFen 2843 F BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 7, 2017 /FO 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, Councilmembers Rivera, Gonzales, Weir, Sullivan, Parlier Absent: None 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. 4. CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding City of Bakersfield v. All Persons Interested in the Matter, etc., et al., Kern County Superior Court Case No. S- 1500 -CV- 280593, DRL. 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 3:31 p.m. Motion by Councilmember Weir to adjourn from APPROVED Closed Session at 4:27 p.m. Meeting reconvened at 5:13 p.m. 2 8 4 a Bakersfield, California, June 7, 2017 - Page 2 5. CLOSED SESSION ACTION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) regarding City of Bakersfield v. All Persons Interested in the Matter, etc., et al., Kern County Superior Court Case No. 5- 1500 -CV- 280593, DRL. b. Conference with Legal Counsel — Potential 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 5:14 p.m. REGULAR MEETING -5:15 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Sullivan, Parlier Absent: None 2. INVOCATION by Reverend Ralph Anthony, St. Peter Restoration Community Christian Ministries. 3. PLEDGE OF ALLEGIANCE by Annika Paterno, 11 th grade student at Stockdale High School. 4. PRESENTATIONS a. Presentation of a Proclamation to Jennifer Ray Holmes, citizen advocate, of a Proclamation declaring the month of June 2017, Cytomegalovirus (CMV) Awareness Month in Bakersfield. Ms. Holmes was not present to accept the Proclamation. ACTION TAKEN STAFF WAS GIVEN DIRECTION NO REPORTABLE ACTION i Bakersfield, California, June 7, 2017 — Page 3 2 8 4 5 5. PUBLIC STATEMENTS ACTION TAKEN a. Curtis Bingham Sr., Street Evangelist, expressed appreciation and gave blessings to the City and law enforcement for the work they do for the City. b. Nathan Nemnich, spoke regarding an organization he established called "The Bakersfield Group "; the group can be located on www.meetup.com; and invited the Council and media to meet with them to discuss ways to make the City a better and safer place to live. C. Mario Salinas, spoke regarding Consent Calendar item 8.ab., to reject the bids for the Bakersfield Sports Village Field Lighting Project; and asked the Council to consider awarding the project to the lowest bidder rather than dividing the project. d. The following individuals spoke in opposition to the proposed Ordinance to replace Chapter 5.32 of the Bakersfield Municipal Code relating to Massage: Knute Berry, owner of Bakersfield Spa Institute (submitted written material); Judith Phelan; and Daniel Tatum, Chief Executive Officer for Bakersfield American Indian Health Project (submitted written material). e. Marvin Dean made comments regarding Consent Calendar item 8.j., a Resolution opposing the President's Fiscal Year 2018 Proposed Budget relating to the elimination of the Community Development Block Grant and Home Investment Partnerships programs. f. Jennifer Bower, from Modern Amusement Company, expressed concern with the repeated thefts of personal property from her family's businesses. Councilmember Parlier requested staff contact Ms. Bower regarding her public safety concerns. 2 8 4 6 Bakersfield, California, June 7, 2017 - Page 4 5. PUBLIC STATEMENTS continued ACTION TAKEN g. Recreation and Parks Director Hoover advised of several recreation programs being offered this summer; and submitted written material. h. Ray Penalber expressed concern with the proposed 2018 budget for Veteran Affairs and the ramifications it might have for veterans. 6. WORKSHOPS None. 7. APPOINTMENTS None. 8. CONSENTCALENDAR Minutes: a. Approval of minutes of the May 24, 2017, Regular Council Meetings. Payments: b. Receive and file department payments from May 12, 2017, to May 25, 2017, in the amount of $16,115,427.65, Self- Insurance payments from May 12, 2017, to May 25, 2017, in the amount of $300,195.23, totaling $16,415,622.88. Ordinances: C. First Reading of Ordinance repealing and REMOVED BY STAFF replacing Chapter 5.32 of the Bakersfield Municipal Code relating to Massage Ordinance. d. First Reading of Ordinance adding Section FR 9.13.050 of the Bakersfield Municipal Code relating to Unregulated Chemicals. i Bakersfield, California, June 7, 2017 — Page 5 2 8 4 7 8. CONSENT CALENDAR continued ACTION TAKEN e. First reading of the following Ordinances amending various sections of the Bakersfield Municipal Code: 1. Amending Section 2.72.120 relating to FR Appointments 2. Amending Section 2.84.020 relating to FR Salary Plan 3. Amending Section 2.84.150 relating to FR Acting Appointments, Temporary Assignments and Rates of Pay 4. Amending Section 2.84.160 relating to FR Salary Adjustments 5. Amending Section 2.84.210 relating to FR Overtime - Compensatory Time 6. Amending Section 2.84.220 relating to FR Overtime - Accumulation 7. Amending Section 2.84.500 relating to FR Sick Leave -Proof of Illness 8. Amending Section 2.84.620 relating to FR Leaves of Absence f. First reading of the following Ordinances amending various sections of the Bakersfield Municipal Code: 1. Amending Section 1 .34.010 relating to FR Appeals to the City Manager 2. Amending Section 12.30.060 relating to FR Wireless Telecommunication Facilities in the Public Right -of -Way 3. Amending Section 15.72.120 relating to FR Historic Designation 4. Amending Section 15.78.010 relating to FR MBHCP Mitigation Program Definitions 2 8 4 8 Bakersfield, California, June 7, 2017 — Page 6 8. CONSENT CALENDAR continued ACTION TAKEN ITEM 81 CONTINUED 5. Amending Section 15.78.090 relating to FR MBHCP Violations 6. Amending Section 17.08.210 relating to FR Approval of Development Entitlement Conditioned on Indemnification of City 7. Amending Sections 17.16.026 and FR 17.18.026 relating to Solid Masonry Walls 8. Amending Section 17.25.020 relating to FR Central Business Zone Uses 9. Amending Section 17.28.030 relating to FR Light Manufacturing Zone Uses 10. Amending Section 17.64.060 relating to FR CUP Appeal Hearings Resolutions: g. Resolution setting rates and equipment RES 063 -17 specifications for tow truck services provided pursuant to contract with the City. h. Resolution authorizing the filing of an RES 064 -17 application with the Kern Council of AGR 17 -078 Governments for allocation of Transportation Development Act funds for Fiscal Year 2017 -18 ($551,923) for the maintenance of the Bakersfield Amtrak Station during said fiscal year. I. Resolution authorizing the Bakersfield Police RES 065 -17 Department to accept funding ($99,804) made available through the Grant Assistance Program (GAP) of the California Department of Alcoholic Beverage Control (ABC). J. Resolution opposing the President's Fiscal Year REMOVED FOR 2018 Proposed Budget relating to the SEPARATE elimination of the Community Development CONSIDERATION Block Grant and Home Investment Partnerships programs. Bakersfield, California, June 7, 2017 — Page 7 2 8 4 9 S. CONSENT CALENDAR continued ACTION TAKEN k. Resolution providing for the collection of delinquent refuse and sewer charges by Kern County Auditor - Controller's Office on Fiscal Year 2017 -2018 Property Tax Rolls: 1. Resolution providing for the collection of RES 066 -17 delinquent refuse fees. 2. Resolution providing for the collection of RES 067 -17 delinquent sewer fees. Resolutions providing for adoption and collection of residential and commercial flat rates for Fiscal Year 2017 -2018. Resolution adopting Fiscal Year 2017- RES 068 -17 2018 residential and commercial sewer flat rates and miscellaneous sewer charges (no rate increases). Resolution providing for the collection of RES 069 -17 residential and commercial sewer flat rates by the Kern County Auditor - Controller's Office. M. Purchase of parts and service for inspection, maintenance, installation and repair of Peterson Pacific Corporation equipment through Peterson Pacific Corporation: 1 . Resolution determining that certain RES 070 -17 Peterson Pacific Corporation equipment parts and services cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, and purchase said equipment parts and services from Peterson Pacific Corporation, not to exceed $120,000 over a three -year term. 2. Agreement with Peterson Pacific AGR 17 -070 Corporation ($120,000 over a three -year term) to perform inspections, installations, maintenance and repairs of the Peterson Pacific Corporation grinder located at the Mt. Vernon Recycling and Composting Facility. 2 8 5 0 Bakersfield, California, June 7, 2017 - Page 8 S. CONSENT CALENDAR continued ACTION TAKEN n. Arena Video Board Replacement: 1 . Resolution determining that a RES 071 -17 DaktronicsO video board cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $700,000. 2. Appropriate $700,000 Facility Reserve Funds to the Arena Capital Improvement Budget within the Capital Outlay Fund for the purchase. o. Resolution of Intention No. 1922 to order the ROl 1922 vacation of Presidia Way between Buccaneer Bay Street and Coffee Road. Agreements: P. Agreement with Kutak Rock LLP (not to exceed AGR 17 -071 $105,000) for bond counsel services regarding financing of water remediation project. q. Agreements for on -call maintenance services at Wastewater Treatment Plant No. 2 and Wastewater Treatment Plant No. 3: 1. Crider Construction, Inc. (not to exceed AGR 17 -072 $200,000 for a two -year term) 2. BR Frost Company (not to exceed AGR 17 -073 $200,000 for a two -year term) 3. W.M. Lyles Co. (not to exceed $200,000 AGR 17 -074 for a two -year term) r. Amendment No. 2 to Agreement No. 15 -144 AGR 15- 144(2) with Commercial Cleaning Systems Inc., ($56,720; revised not to exceed $168,810 and extend the term one year), to continue janitorial service at City Hall North. S. Amendment No. 2 to Agreement No. 15 -205 AGR 15- 205(2) with Precision Fertilizer Spreading ($110,000; revised not to exceed $289,000) for hauling and spreading bio- solids. J Bakersfield, California, June 7, 2017 - Page 9 2 8 5 1 8. CONSENT CALENDAR continued ACTION TAKEN t. Amendment No. 1 to Agreement No. 16 -138 AGR 16- 138(1) with Loop Electric Inc., ($200,000; revised not to exceed $485,920) for vehicle loop cutting and horizontal boring. U. Amendment No. 3 to Agreement No. 15 -130 AGR 15- 130(3) with A -C Electric Company ($190,000; not to exceed $788,176 and extend term one year) for electrical services for preventative maintenance and repairs of the high voltage electrical systems at the Mount Vernon Green Waste Recycling Facility. V. Amendment No. 3 to Agreement No. 16 -170 with Provost and Pritchard Consulting Group ($123,800; revised not to exceed $143,800) for construction phase engineering services during the construction of Domestic Water Well CBK 54. W. Freeway Litter Program: 1. Amendment No. 5 to Agreement No. 13- 072 with the Bakersfield Homeless Center ($561,588; revised not to exceed $2,525,404 and extend term one year) for litter and debris removal services. 2. Memorandum of Understanding with Kern Council of Governments ($150,000) to provide continuation of funding for freeway litter program for Fiscal Year 2017 -18. X. Contract Change Order No. 11 to Agreement No. 15 -260 with Security Paving Company ($45,450.23; revised not to exceed $6,483,975.03) for the State Route 99 at State Route 58 (Rosedale Highway) Off -Ramp Improvement Project. Y. Contract Change Order No. 117 to Agreement No. 15 -009 with Teichert Construction ($55,164.23; revised not to exceed $19,553,628.62) for the Rosedale Highway LWidening Project. AGR 16- 170(3) AGR 13- 072(5) AGR 17 -075 AGR 15 -260 CCO 11 AGR 15 -009 CCO 117 2 8 5 L Bakersfield, California, June 7, 2017 - Page 10 8. CONSENT CALENDAR continued ACTION TAKEN 7. Contract Change Order No. I to Agreement AGR 16 -180 No. 16 -180 with AC Electric ($35,798; revised not CCO 1 to exceed $452,062.50) for the Traffic Signal, Lighting, Syncronization System Installation; Snow Road at Jewetta, Snow Road at Norris Road /Verdugo Lane Project. Property Acquisition Agreements - TRIP: Bids: ca. Reject all bids for Traffic Signal and Lighting System Installation: Stine Road at Berkshire Road Project. ab. Reject bid for Bakersfield Sports Village Field Lighting Project. ac. Accept bid from Certex USA, Inc., Bakersfield ($49,923.60) for a mobile fall protection system for use by the Public Works Department's Fleet Division. ad. Accept bid from Botach, Incorporated ($96,041.35) for rifles and accessories for the Police Department SWAT team. ae. Accept bid from Industrial Safety Supply Corporation ($82,754.10) for safety gas masks for the Police Department. of. Purchase of Semi - Truck: 1. Accept bid from Pape Kenworth, Bakersfield ($151,817.74) for an additional diesel powered semitruck for the Wafer Resources Department. 2. Transfer and appropriate $152,000 from Water Resources Fund balance (50% Domestic Water fund and 50 %Ag Water fund) to the Public Works Department's Operating Budget within the Equipment Management Fund. Bakersfield, California, June 7, 2017 — Page 11 2 8 5 3 S. CONSENT CALENDAR continued ACTION TAKEN ag. TCP Mitigation Project: 1. Award Purchase to Evoqua Water Technologies, LLC knot to exceed $8,917,355) for vessel and manifold procurement associated with TCP Mitigation Project. 2. Appropriate $8,917,355 Fund Balance to the Water Resources Capital Improvement Budget within the Domestic Water Fund. ah. Pavement Rehabilitation: "P' Street from Brundage Lane to California Avenue: Accept bid and approve contract with AGR 17 -076 Griffith Company ($1,545,350) for construction of said project. 2. Transfer $195,000 Capital Outlay Funds currently budgeted for the Pavement Rehabilitation of California Avenue from Oak Street to H Street project to the Pavement Rehabilitation of P Street from Brundage Lane to California Avenue project. 3. Approve encroachment permit AGR 17 -077 agreement with Kern Delta Water District (no fee permit) to allow for asphalt overlay work over the Kern Delta Canal. Miscellaneous: ai. Appropriate $250,000 additional commercial roll -off revenue and $100,000 additional revenue from County's share of costs for the Mt. Vernon Greenwaste Facility to the Public Works Department's Operating Budget within the Refuse Fund to fund refuse operations. I 2 8 5 4 Bakersfield, California, June 7, 2017 - Page 12 B. CONSENT CALENDAR continued ACTION TAKEN al. Appropriate $32,000 Fireworks Administrative REMOVED FOR Citation Revenues to the Non- Departmental SEPARATE Budget within the General Fund to supplement CONSIDERATION the cost of the 2017 Fourth of July Fireworks Show to be held at The Park at Riverwalk. Successor Agency Business: ok. Receive and file Successor Agency payments from May 12, 2017, to May 25, 2017, in the amount of $2,475.00. Assistant City Clerk Drimakis announced a staff memorandum was received requesting item 8.c. be removed from the agenda; and an additional staff memorandum was received regarding item 8.aj., stating California Water Service Company will be an additional sponsor for the Fourth of July Fireworks Show, contributing $2000 towards the event. Councilmember Parlier requested items B.I. and 8.aj. be removed for separate consideration. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar items 8.a. through 8.ak., with the removal of item 8.c., and separate consideration for items 8.j. and 8.aj. j. Resolution opposing the President's Fiscal Year CONTINUED TO A 2018 Proposed Budget relating to the FUTURE MEETING elimination of the Community Development Block Grant and Home Investment Partnerships programs. Motion by Councilmember Parlier to table Consent Calendar item 8.j., in order to provide staff with an opportunity to make additional changes to the Resolution. Councilmember Rivera asked Councilmember Parlier to consider a friendly amendment to his motion to specifically state this item will return to the next Council meeting or soon thereafter. Councilmember Parlier amended his motion, to APPROVED continue Consent Calendar item 8.j. and return for Council action no earlier than July 19, 2017, in order to allow staff the opportunity to revise the Resolution. Bakersfield, California, June 7, 2017 — Page 13 2 8 5 5 B. CONSENT CALENDAR continued ACTION TAKEN aj. Appropriate $32,000 Fireworks Administrative Citation Revenues to the Non - Departmental Budget within the General Fund to supplement the cost of the 2017 Fourth of July Fireworks Show to be held at The Park at Riverwalk. Motion by Councilmember Parlier to adopt APPROVED Consent Calendar item 8.aj. 9. CONSENT CALENDAR PUBLIC HEARINGS a. Resolution adopting fees pursuant to the cost REMOVED FOR recovery system. SEPARATE CONSIDERATION b. Protest hearing to consider resolution approving RES 072 -17 and adopting the Public Works Director's Report for the Consolidated Maintenance District and the Fiscal Year 2017 -2018 budget, confirming the park landscaping assessments, and authorizing collection of assessments by the Kern County Tax Collector. C. Protest hearing to consider resolution approving RES 073 -17 and adopting the Public Works Director's Report for the Consolidated Maintenance District and the Fiscal Year 2017 -2018 budget, confirming the street and median landscaping assessments, and authorizing collection of assessments by the Kern County Tax Collector. d. Protest hearing to consider resolution approving RES 074 -17 and adopting the Public Works Director's Report for 22 traffic signal maintenance districts and the Fiscal Year 2017 -2018 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. e. Public Hearing to consider resolution adopting RES 075 -17 commercial sewer surcharge rates for Fiscal Years 2017 -2018 and 2018 -2019. f. Public Hearing to consider a resolution RES 076 -17 adopting a five -year phased -in increase to the sewer connection fee for a single family dwelling from $4,000 to $5,000 starting July 1, 2017. 2 8 5 6 Bakersfield, California, June 7, 2017 — Page 14 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN 9. g. Public Hearing to consider resolutions adopting refuse and recycling rates for Fiscal Year 2017- 18: 1. Resolution adopting increases to Fiscal RES 077 -17 Year 2017 -18 refuse and recycling rate. 2. Resolution providing for the collection of RES 078 -17 residential refuse and recycling charges by the Kern County Auditor - Controller's Office. Assistant City Clerk Drimakis announced notices were mailed to 4,426 affected commercial property owners regarding item 9.e., no protests were received for this matter: and notices were mailed to 93,066 affected residential and commercial property owners regarding item 9.g., the City Clerk's Office received letters protesting the increase in refuse rates for 25 parcels. Consent Calendar Public Hearings opened at 6:03 p.m. Scott Thayer requested the removal of item 9.a. for separate consideration. Consent Calendar Public Hearings 9.b. through 9.g. closed at 6:04 p.m. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar Public Hearing items 9.b. through 9.g. CONSENT CALENDAR PUBLIC HEARINGS continued a. Resolution adopting fees pursuant to the cost CONTINUED TO THE recovery system. (Staff recommends adoption of the JULY 19, 2017 resolution following Me public hearing.) MEETING Consent Calendar Public Hearing item 9.a. opened at 6:05 p.m. The following individuals spoke in opposition to the staff recommendation: Scott Thayer, from Castle and Cooke; Dave Dmohowski, representing the Home Builders Association of Kern County; and Dennis Fox. No one spoke in support of the staff recommendation. Bakersfield, California, June 7, 2017 — Page 15 2 8 5 7 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN ITEM 9.0. CONTINUED Motion by Vice -Mayor Smith to continue item 9.a. to APPROVED the July 19, 2017 Council meeting. 10. HEARINGS Vice -Mayor Smith requested staff examine ways to reduce vehicular and pedestrian accidents, such as public service announcements, public education, or a plan similar to the Vision Zero program in the City of Los Angeles. CouncRmember Gonzales referred the discussion regarding the potential for microbreweries to be permitted in the downtown area to the Planning and Development Committee. Councilmember Sullivan requested staff explore the use of reflective vests to promote pedestrian safety. Councilmember Fortier requested the Legislative and Litigation Committee discuss the possibility of creating an incremental penalty and assessment process for property maintenance violations. a. Public Hearing for the Fiscal Year 2017 -18 Operating and Capital Improvement Program Budgets. Assistant City Manager Huot made staff comments. Hearing item 10.a. opened at 6:14 p.m. No one spoke. Hearing item 10.a. closed at 6:15 p.m. 11. REPORTS None. 12. DEFERRED BUSINESS ��Frr None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Vice -Mayor Smith requested staff examine ways to reduce vehicular and pedestrian accidents, such as public service announcements, public education, or a plan similar to the Vision Zero program in the City of Los Angeles. CouncRmember Gonzales referred the discussion regarding the potential for microbreweries to be permitted in the downtown area to the Planning and Development Committee. Councilmember Sullivan requested staff explore the use of reflective vests to promote pedestrian safety. Councilmember Fortier requested the Legislative and Litigation Committee discuss the possibility of creating an incremental penalty and assessment process for property maintenance violations. 2 8 5 8 Bakersfield, California, June 7, 2017 — Page 16 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Vice -Mayor Smith stated that 29 of the 41 traffic fatalities in Bakersfield last year were vehicle accidents; and both drivers and pedestrians need to be aware of their surroundings. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 6:24 p.m. Q 6 MAYOR of the City of Bakersfield, CA ATTEST: ES N � r CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield F J