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HomeMy WebLinkAbout08/16/17 CC MINUTES2872 a� BAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 16, 2017 Leo Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting- 5:15 p.m. REGULAR MEETING -5:17 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Goh, Councilmembers Rivera, Gonzales, Weir, Freeman, Sullivan seated at 5:40 p.m.), Parlier Absent: Vice- MoyorSmith 2. INVOCATION by Pastor Ignacio Valdez, New Hope Family Worship Center. 3, PLEDGE OF ALLEGIANCE by Madeline Abernathy, junior at Bakersfield Christian High School, and California History Day Winner. City Manager Tandy introduced Brionna Carrier as the new Management Assistant. 4. PRESENTATIONS a. Presentation of a Proclamation by Mayor Goh to Diane P. Martinez declaring September 2017 Childhood Cancer Awareness Month in Bakersfield. Ms. Martinez and Ms. Priscilla Russell accepted the Proclamation and made comments. b. Presentation of a Proclamation by Mayor Goh to Rob Purdie declaring August 2017 Valley Fever Awareness Month in Bakersfield. Mr. Purdie accepted the Proclamation and made comments. 2 8 7 3 Bakersfield, California, August 16, 2017 — Page 2 4. PRESENTATIONS continued ACTION TAKEN C. Surprise presentation to City Manager Tandy in recognition of 25 years of service to the City. City Manager Tandy accepted the certificate and made comments. 5. PUBLIC STATEMENTS a. Robert Lansford spoke regarding societal problems in our community and provided a copy of A Compassionate Call to Counter Culture by David Platt, to the City to help guide future leaders. b. Wendell Wesley Jr. spoke regarding Marvin Dean's intention to run for Ward 1 City Council in the upcoming 2018 election; and submitted written material. C. Nathan Nemnich expressed his discontent with the City Council's response to his ideas on how to make a better Bakersfield: and submitted written material. d. Terry Maxwell spoke in opposition to the City's efforts to recover approximately $20,000 in legal costs from 10 residents involved with the 24th Street Widening Project lawsuit; and submitted written material. e. Patrick Jackson, NAACP President, and Nadine Escolonte spoke regarding the need for a citizen's community oversight committee of the Police Department, and requested the City Council approve a budget for body cameras for police officers. f. Ocie Crawford invited the Council to attend an awards banquet honoring individuals and organizations for their service to the community, on Saturday, September 30'h, at the Bakersfield Community House; and submitted written material. g. Karen King, CEO of Golden Empire Transit District, spoke regarding the demographics of bus riders and community perceptions of the transit district; and submitted written material. Bakersfield, California, August 16, 2017 - Page 3 2 8 7 4 [ 6. WORKSHOPS E None. ` 7. APPOINTMENTS a. Two appointments (Ward 5) to the Keep Bakersfield Beautiful Committee due to the expiration of terms of Regular Committee Member David Taylor and Alternate Committee Member Patrick Frose (terms expired November 2016). Assistant City Clerk Drimakis announced applications for appointment were received from Crystal Pinthong and Mayra H Anthony. Councilmember Freeman requested to defer the appointment of the regular committee member to a future date. ACTION TAKEN Motion by Counctimember Freeman to appoint APPROVED Crystal Pinthong, as the alternate member, AS SMITH representing Ward 5, to a 4 -year term on the Keep Bakersfield Beautiful Committee, term expiring November, 2020. b. One appointment (at- large) to the Miscellaneous Civil Service Board due to the resignation of Board Member Karen Shah (term expires December 31, 2019). Assistant City Clerk Drimakis announced applications for appointment were received from Crystal Pinthong and Roy Maier (ballots were used). Ward 1 Crystal Pinthong Ward 2 Roy Maier Ward 3 Roy Maier Ward 4 Absent Ward 5 Roy Maier Ward 6 Roy Maier Ward 7 Roy Maier Motion by Councilmember Weir to appoint Roy APPROVED Maier to rill the unexpired term of Karen Shah AS SMITH on the Miscellaneous Civil Service Board, whose term expires on December 31, 2019. Q 8 7 J Bakersfield, California, August 16, 2017 - Page 4 7. APPOINTMENTS continued ACTION TAKEN 8. C. One appointment (Ward 5) to the Planning Commission due to the expiration of term of Commissioner Richard Schwartz (term expired April 30, 2017). Assistant City Clerk Drimakis announced applications for appointment were received from the following individuals: Richard Schwartz; Larry Koman; and Crystal Pinthong. Motion by Councilmember Freeman to appoint APPROVED Larry Koman to a four -year term on the AS SMITH Planning Commission, term expiring April 30, 2021. d. One appointment Ward 5) to the Bakersfield Youth Commission due to vacancy created by Alternate Commissioner Jessica Flores assuming the position as Regular Commissioner (term expires July 20, 2018). Assistant City Clerk announced an application for appointment was received from Lee Begin. Motion by Councilmember Freeman to appoint APPROVED Lee Begin to rill the unexpired term of Jessica AS SMITH Flores on the Bakersfield Youth Commission, whose term expires on July 20, 2018. CONSENT CALENDAR Minutes: a. Approval of minutes of the July 19, 2017, Regular City Council Meetings. Payments: b. Receive and file department payments from July 7, 2017, to August 3, 2017, in the amount of $25,826,201.46, Self Insurance payments from July 7, 2017, to August 3, 2017, in the amount of $738,684.64, totaling $26,564,886.10. i i S. I 1, Bakersfield, California, August 16, 2017 - Page 5 CONSENT CALENDAR continued Ordinances: Adoption of an Ordinance Approving an Amendment to Title 17 of the Bakersfield Municipal Code to Change the Zone District to a C -2 /PCD (Regional Commercial /Planned Commercial Development) Zone Located Between State Route 178 and Mall View Road, Approximately One -Third Mile West of Oswell Street (ZC No.] 7-0047). (FR 07/19/17) Resolutions: d. Resolution adopting a debt management policy. e. Resolution of Local Support of Regional Surface Transportation Program (RSTP) Projects for Federal Fiscal Years 2018 -19 and 2019 -20. f. Resolution of Local Support of Congestion Mitigation and Air Quality (CMAQ) Projects for Federal Fiscal Year 2018 -19 and 2019 -20. g. 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. h. Resolution ordering judicial foreclosure of delinquent assessments within Assessment District No. 05 -1 (City in the Hills) pursuant to the Improvement Bond Act of 1915, and ordering the tax collector be credited with those assessments. Resolution determining that parts required for the dewatering centrifuges located at Wastewater Treatment Plant No. 3 cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $120,000. ACTION TAKEN 1.11421110)iFi RES 111 -17 RES 112 -17 RES 113 -17 RES 114 -17 RES 115 -17 2876 2 8 7 7 Bakersfield, California, August 16, 2017 - Page 6 S. CONSENT CALENDAR continued ACTION TAKEN j. Resolution determining that a prefabricated RES 116 -17 pedestrian bridge for Phase II of the Mesa Morin Project cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor and purchase said bridge from Paragon Bridge Works, not to exceed $110,000. k. Purchase of Caterpillar Loaders Resolution determining that Caterpillar RES 117 -17 loaders can most efficiently be obtained through cooperative procurement bidding procedures from Quinn CAT, Bakersfield and authorizing the Finance Director to dispense with bidding thereof, not to exceed $568,000. (City Wide) 2. Appropriate $273,567 in Equipment Fund balance to the Public Works Department's Operating Budget to fund the amount of purchase costs recovered through fleet rental rates for replacement of a damaged loader. 3. Transfer and appropriate $11,433 in Self - Insurance Fund balance to the Public Works Department's Operating Budget within the Equipment Management Fund to fund the amount of purchase cost to be paid by the Self- Insurance fund for the damaged loader. 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. 1929 adding Area 1 -119 (2733 ROI 1929 Calloway Drive)- Ward 4 2. ROI No. 1930 adding Area 4 -168 (3200 ROI 1930 Buck Owens Boulevard) - Ward 3 3. ROI No. 1931 adding Area 4 -169 (1300 ROI 1931 32nd Street) -Ward 2 Bakersfield, California, August 16, 2017 - Page 7 2 8 7 8 8. CONSENT CALENDAR continued ACTION TAKEN M. Resolution amending the official list of RES 118 -17 designated speed zones, pursuant to Sections 22357 and 22358 of the California Vehicle Code and Chapter 10.24 of the Bakersfield Municipal Code. Agreements: n. Agreement with Frontier Real Estate Services, AGR 17 -114 Inc. (not to exceed $80,000) to perform real estate broker services for seven units at Creekview Villas (1300 R Street). o. Lease Agreement with Griffith Company for AGR 17 -115 land within the Bakersfield Municipal Airport southern Runway Protection Zone. P. Agreement with the Kern Council of AGR 17 -116 Governments for reimbursement of costs to conduct a parking study. q. Relinquishment agreement with the State of AGR 17 -117 California Department of Transportation to relinquish a portion of State Route 184. c Utility Agreement with California Water Service AGR 17 -113 Company ($385,993.30) for the relocation of water service facilities in conflict with the Truxtun Avenue Operational Improvements Project. S. State Route 99 and Belle Terrace Overcrossing Project, a part of Centennial Corridor Project (TRIP): 1. Utility Agreement with AT &T ($257,500) for AGR 17 -118 the relocation of telecommunication facilities in conflict with the Belle Terrace Project. 2. Utility Agreement with PG &E AGR 17 -119 ($532,015.53) for the relocation of gas distribution facilities in conflict with the Belle Terrace Project. 3. Utility Agreement with PG &E AGR 17 -120 ($370,123.59) for the relocation of electrical facilities in conflict with the Belle Terrace Project. 2 8 7 9 Bakersfield, California, August 16, 2017 — Page 8 S. CONSENT CALENDAR continued ACTION TAKEN ITEM 8.s. CONTINUED 4. Utility Agreement with California Water AGR 17 -121 ■ Service Company ($604,585.50) for the J relocation of potable water facilities in conflict with the Belle Terrace Project. I. Amendment No. 10 to Agreement No. 08 -179 AGR 08- 179(10) with Superion LLC. (extending term two years) for annual maintenance costs relating to the City's municipal automation systems. J. Amendment No. 1 to Agreement No. PW17 -044 AGR 17 -122 with Slater Plumbing & Mechanical ($20,000; revised not to exceed $60,000) to provide miscellaneous plumbing, boiler cleaning, and boiler tune -ups at Wastewater Treatment Plant No. 2 and 3. V. Amendment No. 1 to Agreement No. CAI 6-004 AGR 17 -123 with Clifford & Brown ($60,000) to provide outside legal services in the matter of Tarango v. City of Bakersfield. W. Amendment No. 1 t0 Agreement No. 15 -263 AGR 15- 263(1) y with California Eminent Domain Law Group J ($200,000; revised not to exceed $500,000) to provide outside legal services for the Centennial Corridor Project. X. Amendment No. 1 to Agreement No. 15 -264 AGR 15- 264(1) with Nossamon LLP ($200,000) to provide outside legal services for the Centennial Corridor Project. Y. Amendment No. 4 to Agreement No. 14 -140 AGR 14- 140(4) with BASF Corporation to acknowledge and accept a five percent price increase per pound of polymer due to cost increases in chemicals and allied products in accordance with terms of original agreement (no change in total compensation amount). Z. Amendment No. 1 to Agreement No. 16 -164 AGR 16- 164(1) with Centrisys Corporation ($100,000; revised not to exceed $200,000; extend term one year) to provide dewatering centrifuge repair and maintenance services for the Wastewater Division. Bakersfield, California, August 16, 2017 - Page 9 8. CONSENT CALENDAR continued ca. Amendment No. 1 to Agreement No. 16 -165 with Abacus IMT, Inc. ($60,000; revised not to exceed $120,000; extend term one year) to provide internal combustion engine repair and maintenance for the Wastewater Division. ale. Amendment No. I to Agreement No. PWI7 -003 with Mormastro Transport, Inc. ($7,000; revised not to exceed $47,000), for hauling woodchips from the Greenwaste Facility. ac. Amendment for design and construction of the Olcese 2 to Olcese 3lnterface Pipeline Project: 1. Amendment No. 1 to Agreement No. 17- 084 ($566,862; revised not to exceed $1,839,662) for design and construction of the " Olcese 2 to Olcese 3lnterface Pipeline Project' in association with the TCP Mitigation Project. 2. Appropriate $566,862 Fund Balance to the Water Resources Capital Improvement Budget within the Domestic Water Fund. ad. Contract Change Order No. 2 to Agreement No. 17 -042 with Klassen Corporation, ($78,474.34; revised not to exceed $2,169,746.94) for construction of the Mesa Morin Sports Complex Phase II Project. ae. Contract Change Order No. 127 to Agreement No. 15 -009 with Teichert Construction ($490,605.66; revised not to exceed $20,108,389) for the Rosedale Highway Widening Project. Property Acquisition Agreements - TRIP: of. Accept bid and approve contract with CVE Contracting Group, Inc. ($152,268) for Demolition of Improvements at 4601 Charter Oaks Avenue, 212 South Garnsey Avenue, 4421 Kensington Avenue, 1 North Stine Road and 3729 Stockdole Highway; Phase 21 for the Centennial Corridor Project. 2880 ACTION TAKEN AGR 16- 165(1) AGR 17 -124 AGR 17- 084(1) AGR 17 -042 CCO 2 AGR 15 -009 CCO 127 AGR 17 -125 2 8 8 1 Bakersfield, California, August 16, 2017 - Page 10 S. CONSENT CALENDAR continued ACTION TAKEN ag. Accept bid and approve contract with CVE AGR 17 -126 Contracting Group, Inc. ($289,000) for J Demolition of Improvements at 200 South Real Road; Phase 22 for the Centennial Corridor Project. Bids: ah. Extend bid with Mar -Co Equipment Company ($746,919.03) for the replacement air broom street sweepers with high dump capabilities. al. Accept bid and approve contract to Amber REMOVED BY STAFF Chemical, Inc. knot to exceed $69,171.71) for the annual contract for the supply of sodium hypochlorite. aj. Accept bid and approve contract to Plank & AGR 17 -127 Harvey, Inc. dba Cen -Cal Construction (not to exceed $200,000) for block wall repair. ok. Accept bid and approve contract to Plank and AGR 17 -128 Harvey, Inc., dba Cen -Cal Construction (not to exceed $1,489,925) for the annual contract for concrete construction. Miscellaneous: al. Appropriate $56,023 in Waste Tire Enforcement Grant Program funds to the Community Development Services Operating Budget in the General Fund. am. Appropriate $173,000 in Refuse Fund balance to the Public Works Department's Operating Budget for the Greenwaste hauling services. an. Revised Job Specification: Technology Services Analyst -Web and Graphics Successor Agency Business: ao. Receive and file Successor Agency payments from July 7, 2017, to August 3, 2017, in the amount of $1,011,618.56. Assistant City Clerk Drimakis announced a staff memorandum was received requesting item 8.ai. be ] removed from the agenda. dj 0 Bakersfield, California, August 16, 2017 — Page 11 2 8 8 2 8. CONSENT CALENDAR continued ACTION TAKEN Motion by Councilmember Weir to adopt Consent Calendar items 8.a. through 8.ao.,wRh the removal of item 8.ai. 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS a. Public hearing to consider a resolution ordering the summary vacation of a 20 foot wide sewer easement within Parcel 3 of Revised Parcel Map 9630 located at the southwest corner of Coffee Road and Brimhall Road. Public Works Director Fidler made staff comments and provided a PowerPoint presentation. Hearing item 10.a. opened at 6:24 p.m. No one spoke. Hearing item 10.a. closed at 6:25 p.m. Motion by Councilmember Weir to adopt the Resolution. b. Appeal by Christian Ramirez of the July 11, 2017, decision of the Board of Zoning Adjustment to deny a Conditional Use Permit to allow a recycling center for the purchasing of California Redemption Value (CRV) containers from the public in a C -1 (Neighborhood Commercial Zone) district located at 3300 Planz Road. Assistant City Clerk Drimakis announced a staff memorandum was received transmitting correspondence from Israel Ramirez and Dyana Anderly requesting the appeal hearing be continued to October 11 t", 2017 City Council meeting. Community Development Director Kitchen made staff comments. APPROVED AB SMITH RES 119 -17 APPROVED AB SMITH CONTINUED TO THE OCTOBER I Vi, 2017 MEETING 2 8 8 3 Bakersfield, California, August 16, 2017 - Page 12 10. HEARINGS continued ACTION TAKEN ITEM 10.b. CONTINUED Hearing item 10.b. opened at 6:26 p.m. Motion by Councilmember Weir to continue APPROVED Hearing Rem 10.b. to the October l lr^, 2017 AB SMRH Council meeting. 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS a. League of California Cities Annual Conference appointment of voting delegate(s) and City position on conference resolutions. Assistant City Manager Teglia made staff comments and recommended Council appoint a voting delegate and alternate: and recommended the Council support the League's position on the Conference resolutions. Motion by Councilmember Weir to appoint APPROVED Councilmember Parker as the voting delegate, AB SMITH and Councilmember Rivera as the alternate delegate; and approve the staff recommendation on the resolutions proposed by the League. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Gonzales invited the Council and community to attend a community pedestrian and bicycle safety training hosted by California Walks, the City of Bakersfield, County of Kern, GET Bus, Kern Family Health Care, Boys and Girls Club, Kern Medical, Kern Council of Governments, Public Health, and the California Office of Traffic Safety; the event will be held on Tuesday, August 22nd, from 3:30 p.m. to 8:00 p.m. at the Boys and Girls Club on Niles Street. Bakersfield, California, August 16, 2017 - Page 13 2 8 8 4 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Parlier expressed his condolences to the family and friends of Sergeant Dennis Moore, who will be laid to rest tomorrow. Councilmember Sullivan thanked Recreation and Parks Director Hoover and Community Development Director Kitchen for inviting her to attend First Friday; and thanked City Manager Tandy for his service to the City. Mayor Goh thanked Sergeant Moore for his service to the community and called for a moment of silence in his honor. 15. ADJOURNMENT Mayor Goh adjourned the meeting in memory of Sergeant Moore at 6:36 p.m. MAYOR of the City ofB a-kersfiel , CA ATTEST: CITY CLERK ind Ex Officio Clerk of the Council of the City of Bakersfield I 2 8 B 5 Bakersfield, California, August 16, 2017 — Page 14 " "THIS PAGE INTENTIONALLY LEFT BLANK'•" i i i