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Home My WebLink About09/06/17 CC MINUTES2872 A BAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 6, 2017 P Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings- 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:33 p.m. ACTION TAKEN 1. ROLL CALL 2. 3. 4. 11 Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Sullivan, Parlier Absent: None PUBLIC STATEMENTS None. WORKSHOPS None. CLOSED SESSION 0. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) Emilio Torongo v. City of Bakersfield U.S.D.C. Eastern District Case No. 1: 1 6-CV-00099-LJO-JLT. b. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d) (2),(e) (1) (two matters). Motion by Vice -Mayor Smith to adjourn to Closed Session at 3:34 p.m. Motion by Councitmember Weir to adjourn from Closed Session at 5:16 p.m. Meeting reconvened at 5:19 p.m. APPROVED APPROVED 2 8 7 3 Bakersfield, California, September 6, 2017 - Page 2 5. CLOSED SESSION ACTION ACTION TAKEN a. Conference with Legal Counsel — Existing STAFF WAS GIVEN Litigation; Closed Session pursuant to DIRECTION Government Code section 54956.9(d) (1) Emilio Tarango v. City of Bakersfield U.S.D.C. Eastern District Case No. 1: 1 6-CV-00099-LJO-JLT b. Conference with Legal Counsel — Potential NO REPORTABLE Litigation; Closed Session pursuant to ACTION ON FIRST Government Code section 54956.9(d) (2),(e)(1 ) MATTER; STAFF WAS (two matters). GIVEN DIRECTION ON SECOND MATTER 6. ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting at 5:20 p.m. REGULAR MEETING -5:21 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Freeman, Sullivan, Parlier Absent: None Mayor Goh acknowledged students from the Bakersfield College Political Science class, California State University Bakersfield Government class, Boy Scouts Troops 484, and Boy Scouts Troop 415 in attendance at the meeting to learn about City government. 2. INVOCATION by Pastor Leonard Mancini, Bakersfield Living Word Foursquare Church. 3. PLEDGE OF ALLEGIANCE by Flint Sheffield, Liberty High School Senior. 4. PRESENTATIONS a. Presentation of a proclamation by Mayor Goh to Keith Brice, the 2017 John Brock Community Service Award Recipient, declaring September 7, 2017, "Keith Brice Day." Mr. Brice accepted the Proclamation and made comments. Bakersfield, California, September 6, 2017 - Page 3 2 8 14 4. PRESENTATIONS continued ACTION TAKEN ■ b. Presentation of a proclamation by Mayor Gan to Kern County Fair Chief Executive Officer, Mike Olcott, declaring September 20, 2017, through October 1, 2017, Kern County Fair Days. Mr. Olcott accepted the Proclamation and made comments. 5. PUBLIC STATEMENTS a. Mike Mares, District Manager for California Water Service Company, explained that the proposed water rate increase on the agenda will only affect residents that are served by the City's water system; residents that are served by Cal Water system will not be affected by this particular rate increase; and submitted written material. b. Mayf Nutter invited the City Council to the world premiere of the film Victory by Submission at Christ Cathedral Church, on Thursday, September 7 ^; and submitted written material. C. John Wilson, business owner at 2012 "E" Street, expressed his concern regarding the problem his business has experienced with homeless people littering and threatening to harm the employees; and submitted written material. d. Robert Miller expressed concern with the amount of booths around town offering free cellular phones. e. Mark Rogers, representing Argo Chemical, spoke in opposition to the staff recommendation on item 8.w., to reject all bids for an annual contract to supply Sodium Hypochlorite; and submitted written material. b. WORKSHOPS a. Road Repair and Accountability Act of 2017 Senate Bill 1) Implementation Plan Overview. Public Works Director Fidler and Recreation and Parks Director Hoover made staff comments and provided a PowerPoint presentation. 2 $ 7 5 Bakersfield, California, September 6, 2017 — Page 4 8. APPOINTMENTS None. CONSENT CALENDAR Minutes: a. Approval of minutes of the August 16, 2017, Regular City Council Meeting. Payments: b. Receive and file department payments from August 4, 2017, to August 24, 2017, in the amount of $19,402,856.72, Self Insurance payments from August 4, 2017, to August 24, 2017, in the amount of $646,154.00, totaling $20,049,010.72. Ordinances: C. First reading of an ordinance amending Bakersfield Municipal Code Section 1. 12.030 by adding Annexation No. 671 consisting of 30,001 square feet located along the south side of Norris Road, generally east of Calloway Drive and Annexation No. 674 consisting of 1.15 acres located along the south side of Rosedale Highway, approximately 500 feet west of Patton Way to Ward 3. Resolutions: d. 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. e. Resolution approving the submission of an application to the California Department of Transportation for matching State funding for an improvement project at the Bakersfield Municipal Airport under Airport Improvement Program Project No. 3 -06- 0323- 020 -2017, accepting the allocation of matching State funding, and authorizing the City Manager or designee to execute all necessary documents. ACTION TAKEN FR RES 120 -17 RES 121 -17 I 0 Resolution determining that inspection, RES 126 -17 maintenance, and repair services for the LCNG fueling facilities cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore and procure inspection, maintenance, and repair services for the LCNG fueling facilities through Clean Energy. 2 9 7 6 Bakersfield, California, September 6, 2017 - Page 5 S. CONSENT CALENDAR continued ACTION TAKEN f. Resolution authorizing payment (not to exceed REMOVED FOR $1,500,000) to the San Joaquin Valley Unified Air SEPARATE Pollution Control District for the implementation CONSIDERATION of the voluntary emissions reduction agreement for the Centennial Corridor Project. g. Resolution determining that a Caterpillar RES 123 -17 excavator 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 $295,000. h. Resolution determining that Go -4 is the only RES 124 -17 three -wheel parking control vehicle to meet the needs of the Bakersfield Police Department, Traffic Division, and it cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $38,000. L Sewer connection fee assessment for 1808 Faxon Avenue: 1. Resolution confirming assessment for RES 125 -17 sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Allison B. Gobbell to pay AGR 17 -129 the sewer connection fee through the Kern County Tax Collector. j. Inspection, maintenance, and repair of the liquefied natural gas (LCNG) fueling facilities located at the Corporation Yard and South Mt. Vernon Avenue: Resolution determining that inspection, RES 126 -17 maintenance, and repair services for the LCNG fueling facilities cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore and procure inspection, maintenance, and repair services for the LCNG fueling facilities through Clean Energy. 2 $ 7 7 Bakersfield, California, September 6, 2017 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN ITEM 8.j. CONTINUED 2. Agreement with Clean Energy (not to AGR 17 -130 l exceed $200,000 over a three -year term) to perform inspections, maintenance, and repairs of the LCNG fueling facilities. Agreements: k. Transportation impact fee credit agreement AGR 17 -131 with Summit Capital Ventures, Inc. (not to exceed $129,732.61) for construction of improvements on Old River Road along the frontage of Tentative Tract Map 6825. I. Final map and improvement agreement with AGR 17 -132 Summit Capital Ventures, Inc. for Tract 6853, Phase 4located east of Calloway Drive and north of Langley Road. M. Planned sewer area reimbursement agreement AGR 17 -133 with MG3 Partners, LLC for construction of sewer line improvements on Ashe Road north of Taft Hwy /S R 119. n. Pipeline crossing agreement with Sunset AGR 17 -134 Railway Company for a domestic waterline. o. Encroachment permit agreement with AGR 17 -135 Rosedale -Rio Bravo Water Storage District (no fee permit) to allow access onto property, earthwork, and use of borrow material within the Allen Road Basin area for the Brighton Park wall along the Westside Parkway. p. Consent to common use agreement with AGR 17 -136 Pacific Gas and Electric (no compensation) for the Sewer Lift Station Project at 24th Street and Oak Street. q. Cooperative agreement with Caltrons for the AGR 17.137 Belle Terrace Project, a part of the Centennial Corridor Project. (TRIP) r. 1,2,3 - Trichloropropane (TCP) Mitigation Project: 1. Agreement with Bakersfield Well & Pump AGR 17 -138 to convert 12 pumps to water lubricated pumps. Bakersfield, California, September 6, 2017 — Page 7 2 8 7 $ 8. CONSENT CALENDAR continued ACTION TAKEN ITEM 8.1. CONTINUED 2. Appropriate $1,100,000 in Fund Balance to the Water Resources Capital Improvement Program budget within the Domestic Enterprise Fund. S. Amendment No. 1 to Agreement No. 17 -002 AGR 17- 002(1) with Trans -West Security Services Inc. ($20,000; revised not to exceed $88,223), for continued park security services. t. Bakersfield Amtrak Railway: 1. Amendment No. 1 to Agreement No. 13- AGR 13- 150(1) 150 with Niemeyer & Associates, P.C. ($50,000; revised not to exceed $200,000; and to extend the term of agreement to June 30, 2018) to provide railroad track inspection services. 2. Amendment No. 1 to Agreement No. 13- AGR 13- 200(1) 200 with RailWorks Track Services, Inc. ($65,000; revised not to exceed $165,000) to provide for maintenance and repair services for the Amtrak Railway. U. Contract Change Order No.l to Agreement AGR 16 -267 No. 16 -267 with Cen -Cal Construction Inc. CCO 1 ($23,166.25; revised not to exceed $271,893.75) for the Frank West Elementary Sidewalk Improvements Project. V. Contract Change Order No. 3 to Agreement AGR 17 -042 No. 17 -042 with Klassen Corporation ($12,490.57; CCO 3 revised not to exceed $2,182,237.47) for construction of the Mesa Morin Sports Complex Phase II Project. Property Acquisition Agreements - TRIP: Bids: W. Reject bids for an annual contract to supply REMOVED FOR Sodium Hypochlorite for Wastewater Treatment SEPARATE Plant 3. CONSIDERATION X. Extend bid from Mullahey CDJR, Paso Robles, California, and authorize the replacement ($146,561.45) of seven full size half -ton pickup trucks for the Water Resources, Recreation and Parks, and Public Works Departments. 2 8 7 9 Bakersfield, California, September 6, 2017 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN Y. Bakersfield Municipal Airport - North Taxilone Pavement Reconstruction Project: Accept and approve Base Bid and AGR 17 -142 Additive Alternate No. 1 with Granite Construction Co. ($548,805) for said project. Appropriate $21,380 in General Aviation Fund balance to the Public Works Department's Capital Improvement Program budget for said project. Miscellaneous: Appropriate $4,400 contributions from the Bakersfield Foundation to the Police Department Operating Budget within the General Fund to offset the costs of the K -9 trials event held June 23-24, 2017. aa. Appropriate $99,804 in Grant Assistance Program funds from the California Department of Alcoholic Beverage Control to the General Fund Police Operating Budget. ab. Appropriate $35,000 from First Five Kern grant revenues to the Recreation and Parks Operating Budget within the General Fund to provide a water safety education program (Make -A Splash). ac. Appropriate $150,000 in Transportation Development Fund balance to the Public Works Department's Capital Improvement Program budget to fund preliminary engineering services necessary to reserve right -of -way for three future project sites (El Toro Viejo at the Burlington Northern Santa Fe Railroad, West Beltway at White Lane, and West Beltway at Ming Avenue). J J 288p Bakersfield, California, September 6, 2017 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN ad. Appropriate additional federal funds: 1. Appropriate $37,405 in federal Congestion Mitigation and Air Quality Program )CMAQ) funds to the Public Works Department's Capital Improvement Program budget within the SAFETEA -LU Fund for a traffic signal, lighting, and synchronization system project on Union Avenue and Berkshire Road. 2. Appropriate $249,620 in federal Regional Surface Transportation Program (RSTP) funds to the Public Works Department's Capital Improvement Program budget within the SAFETEA -LU Fund for a pavement rehabilitation project on P Street from Brundage Lane to California Avenue. Successor Agency Business: Assistant City Clerk Drimakis announced a staff memorandum was received regarding item 8.w., transmitting copies of two bid protests and staff comments. Councilmember Rivera requested that Rem 81 be removed for separate consideration. Councilmember Weir requested that Rem 8.w. be removed for separate consideration. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar Hems 8.a. through 8.od., with the removal of items 81 and 8.w. for separate consideration. Resolution authorizing payment knot to exceed RES 122 -17 $1,500,000) to the San Joaquin Valley Unified Air Pollution Control District for the implementation of the voluntary emissions reduction agreement for the Centennial Corridor Project. Motion by Councilmember Rivera to adopt APPROVED Consent Calendar item 8.f. L Q 8 8 1 Bakersfield, California, September 6, 2017 - Page 10 S. CONSENT CALENDAR continued ACTION TAKEN W. Reject bids for an annual contract to supply Sodium Hypochlorite for Wastewater Treatment Plant 3. Motion by Councilmember Weir to adopt APPROVED Consent Calendar item 8.w. 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public hearing on resolution adopting increases REMOVED FOR in water rates to the City of Bakersfield's SEPARATE Domestic Water Service Area. CONSIDERATION SEE PAGE l I b. Public hearing on resolution of necessity to RES 128 -17 determine the public interest and necessity for acquisition of certain real property by eminent domain for the Centennial Corridor Project (Code of Civil Procedure § 1245.230) located at 229 Chester Avenue and 136 Haybert Court, Bakersfield, CA 93304 (APN 011 - 111 -09 & 011- 111-37) (CPN 87690). C. Public hearing on resolution of necessity to RES 129 -17 determine the public interest and necessity for acquisition of certain real property by eminent domain for the Centennial Corridor Project (Code of Civil Procedure § 1245.230) located at 300 South Garnsey, Bakersfield, CA 93309 (APN 149 - 232- 01) (CPN 87664). d. Public hearing on resolution of necessity to RES 130 -17 determine the public interest and necessity for acquisition of certain real property by eminent domain for the Centennial Corridor Project (Code of Civil Procedure § 1245.230) located at 215 Williamson Way, Bakersfield, CA 93309 (APN 149 - 232- 02) (CPN 87666). e. Public hearing on resolution of necessity to RES 131 -17 determine the public interest and necessity for acquisition of certain real property by eminent domain for the Centennial Corridor Project (Code of Civil Procedure § 1245.230) located at 720 Wible Road, Bakersfield, CA 93304 (APN 147 - 112 -07) (CPN 87720). Bakersfield, California, September 6, 2017 - Page 11 2 8 8 2 9. CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN f. Public hearing on resolution of necessity to RES 132 -17 determine the public interest and necessity for acquisition of certain real property by eminent domain for the 24th Street Improvement Project (Code of Civil Procedure § 1245.230) located at 1401 23rd Street, Bakersfield, CA (APN 005 - 411 -09). g. Public hearing on resolution of necessity to RES 133 -17 determine the public interest and necessity for acquisition of certain real property by eminent domain for the 24th Street Improvement Project (Code of Civil Procedure § 1245.230) located at 2323 Elm Street, Bakersfield, CA (APN 003 - 021 -01). Consent Calendar Public Hearing items 9.a. through 9.g. opened at 6:15 p.m. Consent Calendar Public Hearing item 9.a. was removed for separate consideration. Consent Calendar Public Hearing items 9.b. through 9.g. closed at 6:16 p.m. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar Public Hearing items 9.b. through 9.g. 10. HEARINGS a. Public hearing on resolution adopting increases RES 127 -17 in water rates to the City of Bakersfield's Domestic Water Service Area. (Staff recommends adoption of the resoluton j Assistant City Clerk Drimakis announced notices were mailed to affected 42,045 customers; a total of 144 letters and three phone calls were received in opposition to the water rate increase. Water Resources Manager Chianello made staff comments and provided a PowerPoint presentation. The following individuals spoke in opposition to the staff recommendation: Richard Hograph, Bakersfield Tea Party; Richard Felix; James Lungil; Johnny Aloguez; viola Gallegos; Jean Claude Bonillo; and Jaime Jarro. 2 8 8 3 Bakersfield, California, September 6, 2017 - Page 12 10. HEARINGS continued ACTION TAKEN ITEM 10.a. CONTINUED No one spoke in support of the staff recommendation. Hearing closed at 6:58 p.m. Motion by Vice -Mayor Smith to adopt the APPROVED Resolution. 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS a. Resolution authorizing the issuance and sale of RES 134 -17 Domestic Water Revenue Bonds Series 2017A, AGR 17 -139 not to exceed $25,000,000 in aggregate AGR 17 -140 principal amount for the City of Bakersfield, AGR 17 -141 California, approving a Master Trust Indenture, a First Supplemental Trust Indenture, Preliminary and Final Official Statements, a Bond Purchase Contract and a Continuing Disclosure Certificate, and authorizing and directing additional actions in connection with respect thereto. Finance Director Smith made staff comments. Motion by Vice -Mayor Smith to adopt the APPROVED Resolution. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Rivera requested staff work with the Kern County Historic Preservation Society on installing Historic Route 99 signage. Councilmember Pointer requested staff clean around the freeway exit at Ming Avenue before the beginning of the Kern County Fair. Councilmember Sullivan made comments regarding the film Victory by Submission and reminded everyone that the premier is tomorrow night at 7:00 p.m., at the Christ Cathedral Church. Bakersfield, California, September 6, 2017 - Page 13 2 8 8 4 15. ADJOURNMENT ACTION TAKEN Mayor Goh adjourned the meeting of 7:06 p.m. a MAYOR of the City of Bakersfield, CA - ATTES(TT ::�� 4 CITY CLERK ani.l Ex Officio the Council of the City of Bakersfield I 2 8 8 5 Bakersfield, California, September 6, 2017 — Page 14 ****THIS PAGE INTENTIONALLY LEFT BLANK "" P1