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HomeMy WebLinkAbout06/28/17 CC MINUTES2859 A BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 28, 2017 r 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. i,� 2 8 6 0 Bakersfield, California, June 28, 2017 - Page 2 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 11 i 2861 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 2 8 6 2 Bakersfield, California, June 28, 2017 - Page 4 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 F1 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 2 8 6 4 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 I I 2865 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. 2 8 6 6 Bakersfield, California, June 28, 2017 — Page 8 8. CONSENT CALENDAR continued ACTION TAKEN o. Final Map and Improvement Agreement with AGR 17 -082 ■ 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 2 8 6 8 Bakersfield, California, June 28, 2017 — Page 10 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. 11 12. 2869 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. 2870 Bakersfield, California, June 28, 2017 — Page 12 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 J j