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
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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.
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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.
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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.
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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.
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MAYOR of the City of Bakersfield, CA
ATTEST:
ES N
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CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
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