HomeMy WebLinkAbout06/28/17 CC MINUTES2859
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 28, 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,
Councilmembers Rivera (seated at 3:36
p.m.), Gonzales, Weir (seated at 3:36
p.m.), Sullivan, Parlier
Absent: None
2. PUBLIC STATEMENTS
None.
3. INSTALLATION
a. Resolution accepting the City Clerk's RES 079 -17
Certification and declaring the results of the
Special Municipal Election for the election of
Councilmember for Ward 5, held in the City of
Bakersfield on June 6, 2017.
Motion by Vice -Mayor Smith to adopt the APPROVED
Resolution. AS RIVERA, WEIR
b. Administration of Oath of Office (new
Councilmember seated)
Assistant City Clerk Drimakis administered the
Oath of Office to Bruce Freeman.
Councilmember Freeman made comments.
4. WORKSHOPS
None.
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S. CLOSED SESSION
a. 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
Session at 3:57 p.m.
Motion by Vice -Mayor Smith to adjourn from Closed
Session at 4:35 p.m.
Meeting reconvened at 5:16 p.m.
6. CLOSED SESSION ACTION
a. Conference with Legal Counsel — Potential
Litigation; Closed Session pursuant to
Government Code section 54956.9(d) (2), (e) (1)
(one matter).
7. ADJOURNMENT
Mayor Goh adjourned the Closed Session meeting at
5:16 p.m.
REGULAR MEETING -5:17 p.m.
1. ROLL CALL
Present: Mayor Goh, Vice -Mayor Smith,
Councilmembers Rivera (seated at 5:39
p.m.(, Gonzales, weir, Freeman, Sullivan,
Parlier
Absent: None
Mayor Goh acknowledged Boy Scouts in attendance at the
meeting to learn about City government.
2. INVOCATION by Pastor Steven Yeary, Family
Community Fellowship.
3. PLEDGE OF ALLEGIANCE by Sam Baldovinos, 9th grade
student at Bakersfield Christian High School.
ACTION TAKEN
APPROVED
APPROVED
NO REPORTABLE
ACTION
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Bakersfield, California, June 28, 2017 - Page 3
4. PRESENTATIONS ACTION TAKEN
a. Presentation of a Proclamation by Mayor Goh
to Dianne Hoover, Recreation and Parks
Director, declaring July 2017, Recreation and
Parks Month in Bakersfield.
Recreation and Parks Director Hoover
accepted the Proclamation and made staff
comments.
b. Presentation of Certificates of Appreciation by
Mayor Goh to sponsors of the July 4th
Celebration:
Kristen Doud, on behalf of PG&E; Sharlet Briggs,
on behalf of Adventist Health; Colleen Bauer,
on behalf of Rabobank NA; Mike Mares, on
behalf of California Water Company: and Amy
Roth, on behalf of E&B Natural Resources.
Mayor Goh presented the sponsors with
Certificates of Appreciation and made
comments.
AEG General Manager Eckerson made staff
comments.
C. Presentation by Mayor Goh of Certificates of
Appreciation honoring the Kern High School
District's 2017 First in Class students in the
Greater Bakersfield area.
Mayor Goh was joined by Councilmember
Sullivan for this presentation, and recognized
the following students and presented them with
certificates:
First in Class recipients:
• Mia Arvizu, Ross Dalke, Adam Hazelton,
Isabelle Herndon - Bakersfield High
School
• Viviann Do, Grant Fidler, Haylee Oyler,
Autumn Warren - Centennial High
School
• Stephanie Voldovinos Renteria - Foothill
High School
• Bradley Squires- Frontier High School
• Harmandeep Bains, Eric Ponce- Golden
Valley High School
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4. PRESENTATIONS continued ACTION TAKEN
REM T, CONTINUED 1
First in Class recipients continued: J
• Michelle Tran, Daniel Tweedy - Highland
High School
• Alexisis Barcenas, Angel Huizar-
Independence High School
• Anuoluwa Ayeni, Kailey Blair, Nathanial
Graham, Emma Reynolds, Layton
Rohrbach, Jason Shafts, Noelei Topete -
Liberty High School
• Steven Garcia, Cassandra Rader - North
High School
• Belen Bravo, Haraj Dhesi, Virpal Gill,
Arshpreet Sandhu, Baljot Sekhon,
Ashleen Sochi - Ridgeview High School
• Alma Flores Baza- South High School
• Sahil Alim, Michael Chang, Sabrina
Chao, Nancy Dinh, Raguvir Kunani,
Clayton Nalesnik, Jennifer Pusavat,
Abhishek Srinivas, Shikha Srinivas,
Charimae Tuddao, Vedant Vaidya,
Jason Yang - Stockdale High School
• Grace Martinez- West High School
Mayor Goh recessed the meeting at 5:43 p.m. and
reconvened the meeting at 5:49 p.m.
S. PUBLIC STATEMENTS
a. Nathan Nemnich spoke regarding an idea he
previously presented to the City Council on
how to lower the City's tax burden, crime rate,
and the creation of new jobs; and
requested to meet with the Council to discuss
his ideas.
b. Mona Sidhu made comments regarding the
prosecution of a hate crime that took place in
the fall of 2016; and submitted written material.
6. WORKSHOPS
None.
7. APPOINTMENTS
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None. i
Bakersfield, California, June 28, 2017 — Page 5 2 8 6 3
8. CONSENT CALENDAR ACTION TAKEN
Minutes:
a. Approval of minutes of the June 5, 2017, Budget
Presentation Meeting and the June 7, 2017,
Regular City Council Meetings.
Payments:
b. Receive and file department payments from
May 26, 2017, to June 15, 2017, in the amount of
$20,788,835.42, Self- Insurance payments from
May 26, 2017, to June 15, 2017, in the amount of
$335,352.38, totaling $21,124,187.80.
Ordinances
C. First Reading of an Ordinance amending FR
Chapter 14.02 of the Bakersfield Municipal
Code relating to Water Use Regulations.
d. First Reading of an Ordinance amending FR
Chapter 2.60.030 of the Bakersfield Municipal
Code relating to the appointment of members
and alternates of the Bakersfield Youth
Commission.
e. Adoption of an Ordinance adding Section ORD 4895
9.13.050 of the Bakersfield Municipal Code
relating to Unregulated Chemicals. (FR
06/07/17)
f. Adoption of the following Ordinances
amending various sections of the Bakersfield
Municipal Code: (FR 06107117)
1. Amending Section 2.72.120 relating to ORD 4896
Appointments
2. Amending Section 2.84.020 relating to ORD 4897
Salary Plan
3. Amending Section 2.84.150 relating to ORD 4898
Acting Appointments, Temporary
Assignments and Rates of Pay
4. Amending Section 2.84.160 relating to ORD 4899
Salary Adjustments
5. Amending Section 2.84.210 relating to ORD 4900
Overtime - Compensatory Time
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Bakersfield, California, June 28, 2017 — Page 6
8. CONSENT CALENDAR continued
ACTION TAKEN
ITEM 8.f CONTINUED
6.
Amending Section 2.84.220 relating to
ORD 4901
Overtime - Accumulation
7.
Amending Section 2.84.500 relating to
ORD 4902
Sick Leave -Proof of Illness
8.
Amending Section 2.84.620 relating to
ORD 4903
Leaves of Absence
g. Adoption of the following Ordinances
amending
various sections of the Bakersfield
Municipal
Code: (FR 06/07/17)
1.
Amending Section 1.34.010 relating to
ORD 4904
Appeals to the City Manager
2.
Amending Section 12.30.060 relating to
ORD 4905
Wireless Telecommunication Facilities in
the Public Right -of -Way
3.
Amending Section 15.72.120 relating to
ORD 4906
Historic Designation
4.
Amending Section 15.78.010 relating to
ORD 4907
MBHCP Mitigation Program Definitions
5.
Amending Section 15.78.090 relating to
ORD 4908
MBHCP Violations
6.
Amending Section 17.08.210 relating to
ORD 4909
Approval of Development Entitlement
Conditioned on Indemnification of City
7.
Amending Sections 17.16.026 and
ORD 4910
17.18.026 relating to Solid Masonry Walls
8.
Amending Section 17.25.020 relating to
ORD 4911
Central Business Zone Uses
9.
Amending Section 17.28.030 relating to
ORD 4912
Light Manufacturing Zone Uses
10.
Amending Section 17.64.060 relating to
ORD 4913
CUP Appeal Hearings
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Bakersfield, California, June 28, 2017 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
Resolutions:
h. Resolution adopting the 2015 Urban Water RES 080 -17
Management Plan.
i. Resolution to authorize sale of surplus Chevrolet RES 081 -17
Venture van to Bakersfield Homeless Center, a
non - profit organization, for $1,000.
j. Resolution confirming approval by the City RES 082 -17
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.
k. Resolution approving the submission of an
RES 083 -17
application to the U.S. Department of
Transportation Federal Aviation Administration
for funding of an improvement project at the
Bakersfield Municipal Airport under Airport
Improvement Program Project No. 3- 06 -0323-
020 and authorizing the City Manager or
designee to execute all necessary documents.
I. Resolutions of Intention (ROI) to add 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. 1926 to add Area 1 -118 (2810
ROI 1926
Mosasco Street) - Ward 4
2. ROI No. 1927 to add Area 4 -167 (4201
ROI 1927
Arrow Street) -Ward 3
Agreements:
M. Annual renewal of agreements with Clifford &
AGR 17 -079
Brown for legal services regarding general
AGR 17 -080
miscellaneous issues for ($75,000) and general
personnel issues for ($75,000).
n. Agreement with Duane Morris, LLP, for Fiscal
AGR 17 -081
Year 2017 -18 ($500,000) for legal services
regarding water - related matters.
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Bakersfield, California, June 28, 2017 — Page 8
8. CONSENT CALENDAR continued
ACTION TAKEN
o.
Final Map and Improvement Agreement with
AGR 17 -082
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Castle & Cooke California, Inc., for Tract 7300,
Unit 1 located South of Ming Avenue and North
of The Kern River Canal
P.
Agreement with Skarphol Associates knot to
AGR 17 -083
exceed $55,000) for architectural design
consultant services for the Water Resources
Department Office Building Expansion Project.
q.
TCP Mitigation Project:
I. Agreement with W.M. Lyles Co. (not to
AGR 17 -084
exceed $1,272,800) for Phase 1
Design /Build services associated with
Emergency TCP Mitigation Project.
2. Appropriate $1,272,800 Fund Balance to
the Water Resources Capital
Improvement Budget within the
Domestic Enterprise Fund.
r.
Consultant agreements providing for on -call
civil engineering and surveying services for non -
federally funded capital improvement program
projects during Fiscal Years 2017 -18 and
2018 -19:
1. Agreement with AECOM Technical
AGR 17 -085
Services, Inc. (not to exceed $300,000).
2. Agreement with Meyer Civil Engineering,
AGR 17 -086
Inc. (not to exceed $300,000).
3. Agreement with Ruettgers and Schuler
AGR 17 -087
Civil Engineers (not to exceed $300,000).
S.
Amendment No. 4 to Agreement No. 15-185
AGR 15- 185(4)
with Kern Sprinkler Landscaping Inc. ($600,000;
revised not to exceed $2,040,000 and extend
term one year) for the continued supply of on-
call irrigation and landscape services.
t.
Amendment No.l to Agreement No. 15 -308
AGR 15- 308(1)
with Skidmore, Owings & Merrill LLP (no change
in compensation) to prepare Downtown
Bakersfield High Speed Rail Station Area Plan
and associated documents.
Bakersfield, California, June 28, 2017 — Page 9
8. CONSENT CALENDAR continued
U. Amendments to various consultant agreements
for additional on -call engineering services for
the Capital Improvement Program:
1. Amendment No. 3 to Agreement No. 13-
099 with Meyer Civil Engineering, Inc ono
change in compensation and extend
term one year).
2. Amendment No. 3 to Agreement No. 13-
100 with Quad Knopf, Inc (no change in
compensation and extend term one
year).
3. Amendment No. 3 to Agreement No. 13-
101 with Ruettgers & Schuler Civil
Engineers (no change in compensation
and extend term one year).
Property Acquisition Agreements - TRIP:
Bids:
V. Reject all bids for Sewer Lift Station at Monitor
Street and White Lane Project.
W. Accept bid and approve contract with
Southwest Lift & Equipment, Inc., ($115,520) to
replace a vehicle lift for the Fleet Division at the
Corporation Yard.
X. Accept bid and approve contract to
Southwest Lift & Equipment, Inc. ($113,181) for a
replacement platform vehicle lift for the Fleet
Division at the Corporation Yard.
y. Storm Drain Improvements on Hosking Avenue
between Wible Road and Granite Peak Street:
1. Accept bid and approve contract with
American Construction and Excavation
($177,866) for construction of said
improvements.
2. Appropriate $32,000 Sewer Enterprise
Fund balance (Wastewater Treatment
Plant No. 3) to the Public Works
Department's Capital Improvement
Program to fund construction of said
improvements.
2867
ACTION TAKEN
AGR 13- 099(3)
AGR 13- 100(3)
AGR 13- 101(3)
AGR 17 -088
AGR 17 -089
AGR 17 -090
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8.
CONSENT CALENDAR continued ACTION TAKEN
Miscellaneous:
Z. Appropriate $200,000 from the Board of State
and Community Corrections Trust Account to
the Police Department operating budget within
the General Fund.
aa. Authorize the Finance Director to write off
accounts receivable in various funds totaling
$84,063.99 and forward non bankrupt accounts
to a collection agency for additional collection
efforts.
ab. Acceptance of FY 2015 -16 Transportation
Development Act Funds Audit Reports:
1. Independent Auditor's Reports, Fund
Financial Statements, and
Supplementary Information.
2. Agreed Upon Conditions for the Fiscal
Year Ended June 30, 2016,
Successor Agency Business:
Councilmember Freeman advised that he has not had
the opportunity to read the information regarding the
Consent Calendar Items and therefore, would abstain
from voting on the Consent Calendar tonight.
Motion by Vice -Mayor Smith to adopt Consent APPROVED
Calendar items 8.a. through 8.ab. ABS FREEMAN
9.
CONSENT CALENDAR PUBLIC HEARINGS
None.
10.
HEARINGS
a. Public Hearing to consider a resolution ordering NO ACTION TAKEN
the summary vacation of a portion of a waiver
of direct access along Stockdale Highway and
street right -of -way at the Stockdale Highway
driveway entrance at 12800 Stockdale
Highway. (Staff recommends the hearing be
opened and closed and no action be taken)
Mayor Goh advised the hearing will be opened
and closed with no action taken because the
incorrect address was posted; and stated staff
will bring this item back to a future meeting.
10.
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12.
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Bakersfield, California, June 28, 2017 - Page 11
HEARINGS continued ACTION TAKEN
Hearing item 10.a. opened at 5:59 p.m.
No one spoke.
Hearing item 10.a. closed at 5:59 p.m.
REPORTS
None.
DEFERRED BUSINESS
a. Fiscal Year 2017 -18 Budget:
1. Resolution Approving and Adopting the
Operating and Capital Improvement
Budgets for the City of Bakersfield, CA for
the Fiscal Year 2017 -18.
2. Resolution Establishing the City of
Bakersfield Appropriations Limit for Fiscal
Year 2017 -18.
RES 084 -17
RES 085 -17
Assistant City Manager Huot made staff
comments and recommended adoption of the
Resolutions.
Councilmember Freeman stated for the record,
that he has watched the budget hearing
discussions, reviewed the proposed
budget, and will be voting on this item tonight.
Motion by Vice -Mayor Smith to adopt the APPROVED
Resolutions.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Vice -Mayor Smith, Councilmember Gonzales,
Councilmember Sullivan, and Mayor Goh welcomed
Councilmember Freeman.
Vice -Mayor Smith requested staff provide a report
forecasting what the City's budget will be like in the
next five years.
Mayor Goh thanked staff for their work on this year's
budget.
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15. ADJOURNMENT
Mayor Goh adjourned the meeting at 6:05 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK an x Officio Clerk of
the Council of the City of Bakersfield
ACTION TAKEN
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