HomeMy WebLinkAbout10/11/17 CC MINUTESA
s BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 11, 2017
reo
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings- 3:30 p.m. and 5:15 p.m.
REGULAR MEETING -3:31 p.m. ACTION TAKEN
1. ROLL CALL
Present: Mayor Goh, Vice -Mayor Smith,
Councilmembers Rivera, Gonzales, Weir,
Freeman (seated at 3:35 p.m.), Sullivan,
Parlier
Absent: None
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
a. 2018 Regional Transportation Plan /Sustainable
Communities Strategy, Key Land Use and
Planning Assumptions and Public Outreach. .
Public Works Director Fidler made staff
comments.
Robert Ball, Director of Planning for Kern
Council of Governments, made comments and
provided written material.
4. CLOSED SESSION
a. Conference with Legal Counsel — Existing
Litigation; Closed Session pursuant to
Government Code section 54956.9(d) (1)
regarding Checks and Balances Project v. City
of Bakersfield KCSC Case No. BCV -1 7-101859.
TSC.
b. Conference with Legal Counsel — Potential
Litigation; Closed Session pursuant to
Government Code section 54956.9(d) (2),(e) (1,
(one matter).
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4. CLOSED SESSION continued ACTION TAKEN
Motion by Vice -Mayor Smith to adjourn to Closed APPROVED
Session at 3:43 p.m.
The Closed Session meeting was adjourned at
4:17p.m.
Meeting reconvened at 5:09 p.m.
5. CLOSED SESSION ACTION
a. Conference with Legal Counsel — Existing NO REPORTABLE
Litigation; Closed Session pursuant to ACTION
Government Code section 54956.9(d) (1)
regarding Checks and Balances Project v. City
of Bakersfield KCSC Case No. BCV -17- 101859,
TSC.
b. Conference with Legal Counsel — Potential NO REPORTABLE
Litigation; Closed Session pursuant to ACTION
Government Code section 54956.9(d) (2), (e) (1)
(one matter).
6. ADJOURNMENT
Mayor Goh adjourned the 3:30 p.m. meeting at
5:10 P.M.
REGULAR MEETING -5:15 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 Bakersfield College
and California State University Bakersfield in attendance at
the meeting to learn about City government.
Mayor Goh called for a moment of silence in memory of Las
Vegas shooting victims, including individuals with local ties to
Kern County: Jack Beaton; Bailey Schweitzer; Victor Link;
Kelsey Meadows; and Officer Aaron Mundhenke.
2. INVOCATION by Dr. Danielle Wright, Freedom Worship
Center.
Bakersfield, California, October 11, 2017 —Page 3 2 9 0 0
ACTION TAKEN
3, PLEDGE OF ALLEGIANCE by Ethan Calvillo, Junior at
Bakersfield High School.
4. PRESENTATIONS
None.
S. PUBLIC STATEMENTS
a. Michael Turnipseed, Kern County Taxpayers
Association, offered assistance to the Council
regarding financial matters; and submitted
written material.
b. Terry Maxwell expressed his concern with the
24th Street Soundwall project and submitted
written material.
6. WORKSHOPS
a. Fiscal outlook update.
City Manager Tandy made staff comments.
Assistant City Manager Huot made additional
staff comments and provided a PowerPoint
presentation.
Councilmember Weir left the meeting at this time.
Motion by Councilmember Rivera to table this FAILED
discussion and explore additional options. NOES GONZALES,
SMITH, FREEMAN,
SULLIVAN
AS WEIR
Motion by Vice -Mayor Smith requesting staff APPROVED
proceed to issue a request for proposals for a NOES RIVERA
consultant to perform viability assessment voter AS WEIR
surveys and return to the Council for a decision. ASS PARLIER
Councilmember Weir returned to the meeting at this time.
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7. APPOINTMENTS ACTION TAKEN
a. Regular and Alternate 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 an
application for appointment was received from
Matthew Martin.
Motion by Councilmember Freeman to appoint APPROVED
alternate committee member Crystal Pinthong
as the regular committee member, and
Matthew Martin as the alternate committee
member, to a 4 -year term on the Keep
Bakersfield Beautiful Committee, terms expiring
November 2020.
S. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 20, 2017,
Regular City Council Meetings.
Payments:
b. Receive and file department payments from
September 8, 2017, to September 28, 2017, in
the amount of $27,195,101.41, Self Insurance
payments from September 8, 2017, to
September 28, 2017, in the amount of
$652,863.86, totaling $27,847,965.27.
Ordinances:
C. First reading of ordinance amending the
Official Zoning Map in Title 17 of the Bakersfield
Municipal Code by changing The zone district
from PCD (Planned Commercial Development
Zone) to C -2 /PCD (Regional Commercial/
Planned Commercial Development Zone) on
10.10 acres located south of Sillect Avenue and
north of Riverside Drive.
FR
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CONSENT CALENDAR continued ACTION TAKEN
d. Adoption of ordinance adding Sections REMOVED FOR
17.04.129 and 17.04.154 and amending Section SEPARATE
17.08.050 of the Bakersfield Municipal Code CONSIDERATION
relating to commercial cannabis activity. (FR
09/20/17)
Resolutions:
e. Resolution authorizing the City to obtain credit RES 141 -17
from Union Bank pursuant to commercial card AGR 17 -149
agreement for corporate borrowing.
Resolution confirming approval by the City RES 142 -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.
g. Resolution determining that lighting can most RES 143 -17
efficiently be obtained through cooperative
procurement bidding procedures from MUSCO
Lighting and authorizing the Finance Director to
dispense with bidding thereof, not to exceed
$350,000.
h. Resolution determining that a replacement RES 144 -17
Zamboni0 model 546 ice resurfacing machine
cannot be reasonably obtained through The
usual bidding procedures and authorizing the
Finance Director To dispense with bidding
thereof, not to exceed the budgeted amount
of $118,000.
i. Resolutions to add territories to the
Consolidated Maintenance District and
approving, confirming, and adopting the Public
Works Director's Report:
1. Area 3 -103 (Tract 7304- NE of Berkshire RES 145.17
Road and Old River Road)
2903
8.
Bakersfield, California, October 11, 2017 —
Page 6
CONSENT CALENDAR continued
ACTION TAKEN
ITEM 8.1. CONTINUED
2. Area 4 -170 (5900 Comanche Drive)
RES 146 -17
3. Area 4 -171 (301 -313 Dr. Martin Luther
RES 147 -17
King Jr. Boulevard
4. Area 5 -86 (4500 Hughes Lane)
RES 148.17
Agreements:
j. Agreement with Manley's Boiler, Inc. ($60,000),
AGR 17 -150
for plumbing and boiler maintenance for the
Public Works Department, Wastewater Division.
k. Final map and improvement agreement with
AGR 17 -151
Castle & Cooke for Tract 7255 Phase 2, located
at the southwest corner of Ming Avenue and
Allen Road.
I. Final map and improvement agreement with
AGR 17 -152
Castle & Cooke for Tract 7299, Unit 1 located
south of Ming Avenue and east of Renfro Road.
ITT. Improvement agreement with Giumarra
AGR 17 -153
Investments, LLC, sucessor by conversion with
G.C. Investments, LLC, for Parcel 12112, Phase 4
located north of Stockdale Highway and east
of Coffee Road.
n. Amendment No. 4 to Agreement No. 90 -279
AGR 90- 279(4)
with Sprint Spectrum L.P. to approve the
assignment of the transmitter tower lease on
McCutchen Road from Nextel of California to
Sprint Spectrum L.P. and to approve a sublease
of portions of the tower area to T- Mobile.
o. Amendment No. 6 to Agreement No. 11 -100
AGR 11- 100(6)
with Parsons Transportation Group ($87,865;
revised not to exceed $44,341,567) for design
support services during the construction of the
Beltway Operational Improvements Project.
p. Amendment No. 2 to Agreement No. 15 -008
AGR 15- 008(2)
with NV5, Inc. ($1,103,333.81; revised not to
exceed $11,170,805.26), for construction
management services for the Beltway
Operational Improvements and the Rosedale
Auxiliary Lane Projects.
S.
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CONSENT CALENDAR continued ACTION TAKEN
q. On -call equipment maintenance services
agreements for the Public Works Department,
Wastewater Division:
Amendment No. 2 to Agreement No. 15-
241 with Electrical Systems and
Instrumentation, Inc. ($100,000; revised
not to exceed $300,000 and extend term
one year).
2. Amendment No. 2 to Agreement No. 15-
242 with Wilsons Industrial Pump, Inc.
($100,000; revised not to exceed
$300,000 and extend term one year).
Amendment No. 3 to Agreement No. 17 -084
with W.M. Lyles ($18,971,810; revised not to
exceed $21,811,472) for design and
construction costs associated with the 1,2,3 -
Trichloropropane (TCP) Mitigation Project.
Professional engineering consultant agreement
for the 1,2,3 - Trichloropropane (TCP) Mitigation
Project:
Amendment No. 1 to Agreement No.
16 -250 with Provost & Pritchard
Consulting Group ($33,100; revised
not to exceed $733,900) for engineering
services associated with water system
improvements for the TCP Mitigation
Project.
2. Appropriate $33,100 in fund balance to
the Water Resources Capital
Improvement Program budget within
the Domestic Water Fund.
Mount Vernon Green Waste Facility operations:
Amendment No. 1 to Agreement No.
17 -025 with K & I Services ($275,000;
revised not to exceed $575,000; and to
extend term through June 30, 2018) for
the trucking of woodchips from the
Mount Vernon Green Waste Facility.
AGR 15- 241(2)
AGR 15- 242(2)
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 16- 250(1)
AGR 17- 025(1)
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8. CONSENT CALENDAR continued ACTION TAKEN
ITEM B.A. CONTINUED
2. Appropriate $151,000 in the County's
share of the Green Waste Facility costs
and $124,000 in Refuse Fund balance to
the Public Works Department's
Operating Budget within the Refuse
Fund.
Property Acquisition Agreements - TRIP:
Bids:
J. Accept bid from Lehr Auto Electric ($57,253.85)
for Setino Manufacturing police vehicle
equipment.
V. Accept bid from Safety Network Holding, Inc.
($138,738.60), for traffic control devices for the
Public Works Department, Streets Division.
W. Accept bid and approve contract with AGR 17 -154
Stockbridge General Contracting ($2,061,000)
for the Bakersfield Sports Village Phase III Soccer
Stadium Improvements Project.
X. Accept bid and approve contract with Eco AGR 17 -155
Energy Solutions, Inc., died High Volt Electric
($323,625), for the Bakersfield Sports Village
Phase II Soccer Field Lighting Project.
Y. Accept bid and award contract to Granite AGR 17 -156
Construction Company, Inc. ($717,753), to
construct the Westside Parkway Operational
Improvements.
Z. 24th Street Soundwall Project:
1. Accept bid and award contract to AGR 17 -157
James E. Thompson, Inc., dba JTS
Construction ($1,377,500) to construct
the project.
2. Enter into a construction management AGR 17 -158
agreement with NV5, Inc. ($172,959.92),
for construction management services.
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Bakersfield, California, October 11, 2017
-Page 9
CONSENT CALENDAR continued
ACTION TAKEN
aa. Sanitary sewer relocation for the Centennial
REMOVED FOR
SEPARATE
Corridor Project:
CONSIDERATION
1. Accept bid and award contract to
Specialty Construction Inc. ($1,922,525),
to construct the project.
2. Approve consultant agreement with
AECOM ($99,392) for construction
management services.
Miscellaneous:
ab. Appropriate $604,000 in Federal grant revenues
(Selective Traffic Enforcement Program grant
from the State Office of Traffic Safety) to the
General Fund Police Operating Budget.
ac. Appropriate $30,000 in Federal grant revenues
to the General Fund Police Operating Budget,
to fund the Bicycle /Pedestrian Safety and
Education Program.
ad. Appropriate $41,085 in grant funds from the
California Department of Water Resources' 2014
Water- Energy Grant Program to the Recreation
and Parks Capital Improvement Budget within
the Capital Outlay Fund.
ae. Reclassification of Fleet Mechanic I to Fleet
Mechanic II.
Successor Agency Business:
cf. Receive and file Successor Agency payments
from September 8, 2017, to September 28, 2017,
in the amount of $315.380.00.
ag. Appropriate $17,548 in Successor Housing
Agency Fund balance to the Economic
Development Operating Budget within the
Successor Housing Agency Fund for
construction of a water main and services at
the 19th Street Senior Plaza.
Assistant City Clerk Drimakis announced a staff
memorandum was received regarding item 8.a.
transmitting a corrected document.
2 9 0 7 Bakersfield, California, October 11, 2017 -Page 10
8. CONSENT CALENDAR continued ACTION TAKEN
Councilmember Rivera requested that items 8.d., 8.r.,
and 8.aa. be removed for separate consideration.
Motion by Vice -Mayor Smith to adopt Consent APPROVED
Calendar items 8.a. through 8.ag., with the removal of
items 8.d., 8.r., and 8.aa. for separate consideration.
Councilmember Parlier left the meeting at this time.
d. Adoption of ordinance adding Sections ORD 4918
17.04.129 and 17.04.154 and amending Section
17.08.050 of the Bakersfield Municipal Code
relating to commercial cannabis activity. (FR
09/20/17)
Motion by Vice -Mayor Smith to adopt Consent APPROVED
Calendar item 8.d. NOES RIVERA
AB PARLIER
r. Amendment No. 3 to Agreement No. 17 -084 AGR 17- 084(3)
with W.M. Lyles ($18,971,810; revised not to
exceed $21,811,472) for design and
construction costs associated with the 1,23 -
Trichloropropone (TCP) Mitigation Project.
Councilmember Parlier returned to the meeting at this time.
Motion by Councilmember Rivera to adopt APPROVED
Consent Calendar item 8.r.
Co. Sanitary sewer relocation for the Centennial
Corridor Project:
1. Accept bid and award contract to AGR 17 -159
Specialty Construction Inc. ($1,922,525),
to construct the project.
2. Approve consultant agreement with AGR 17 -160
AECOM ($99,392) for construction
management services.
Motion by Councilmember Rivera to adopt APPROVED
Consent Calendar item 8.aa.
9. CONSENT CALENDAR PUBLIC HEARINGS
None. j
Bakersfield, California, October 11, 2017 - Page 11 2 9 0 8
L 10. HEARINGS ACTION TAKEN
a. Public hearing to consider a resolution ordering RES 149 -17
the removal of the 24th Street crosswalks at
Alder /A Streets and Drake /D Streets. (stag
recommends approval of the resolution.)
Assistant City Clerk Drimakis announced one
email was received in support of the staff
recommendation, and 21 emails and letters
were received in opposition to the staff
recommendation.
Mayor Goh recessed the meeting at 6:47 p.m. and
reconvened the meeting at 6:52 p.m.
Public Works Director Fidler made staff
comments and provided a PowerPoint
presentation.
Hearing item 10.a. opened at 7:03 p.m.
Motion by Councilmember Parlier to extend the APPROVED
time period for public testimony In opposition
and in support of the staff recommendation by
an additional fiReen minutes.
The following individuals spoke in opposition to
the staff recommendation: Gary Enns
(displayed a photograph on overhead
projector); Terry Maxwell submitted written
material); Jason Sperber; John Wilson
(submitted written material); Judith Harniman;
Vanessa Vangel; Tony Doing, Executive Director
of California Walks: Olivia Snider, Snider's
Cyclery; Jim Ross; Jennifer Cordova; Zachary
Griffin, Owner /Operator of Kern Active
Transportation; Annmane Nolan; and Vanessa
Vangel, on behalf of Bob Braley (submitted
written material).
Tyson O'Brien spoke in support of the staff
recommendation.
Gary Enns and John Wilson spoke in rebuttal
opposition to the staff recommendation.
Tyson O'Brien spoke in rebuttal support of the
staff recommendation.
2 9 0 9 Bakersfield, California, October 11, 2017 — Page 12
10. HEARINGS continued ACTION TAKEN
Item IO.a. CONTINUED
One additional email was received in
opposition to the staff recommendation prior to
the end of the public hearing.
Hearing item 10.a. closed at 7:52 p.m.
Motion by Councflmember Gonzales to APPROVED
approve the staff recommendation and direct
staff to return to the Council with design plans
that reflect a replacement crosswalk, as close
as possible to A Street and Alder Street,
between north and south 241h Sheet, in order to
preserve the history of safe crossing.
Mayor Goh recessed the meeting at 8:10 p.m. and
reconvened the meeting at 8:18 p.m.
b. Appeal by Christian Ramirez of the July 11, RES 150 -17
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 containers from
the public in a C -1 Neighborhood Commercial
Zone) district located at 3300 Planz Road. (swn
recommends upholding the decision of the Board of Zoning
Adjushnent and denying Conditional Use Permit No. 17- 0171.)
Assistant City Clerk Drimakis announced a staff
memorandum was received regarding item
10.b., transmitting additional correspondence
from the applicant and Dyana Anderly.
Community Development Director Kitchen
made staff comments and provided a
PowerPoint presentation.
Hearing item 10.b. opened at 8:22 p.m.
The following individuals spoke in support of the
staff recommendation: Arlana St. Clair
(submitted written material); Frank St. Clair; and
Russell Johnson, Common Sense Consulting on
behalf of St. Clair Investments submitted
written material).
Chris Ramirez and Dyana Anderly spoke in
opposition to the staff recommendation.
Bakersfield, California, October 11, 2017 - Page 13 2 9 1 0
10. HEARINGS continued ACTION TAKEN
ITEM IO.b. CONTINUED
Russell Johnson and Frank St. Clair spoke in
rebuttal support of the staff recommendation.
Dyano Anderly spoke in rebuttal opposition to
the staff recommendation.
Hearing item 10.b. closed at 8:50 p.m.
Motion by Councilmember Sullivan to approve APPROVED
the staff recommendation.
C. Public hearing to consider Action Plan
Amendments to the following U.S. Department
of Housing and Urban Development Action
Plans:
1. FY 2014 -15 Amendment No. 7: Transfer
funds from Martin Luther King Community
Center Gym Rehabilitation ($25,000 in
Community Development Block Grant
funds) to Bakersfield Senior Center -
Gate Improvements.
2. FY 2015 -16 Amendment No. 3: Transfer
funds from Community Housing
Development Organization (CHDO)
Set Aside ($155,226 in Home Investment
Partnerships funds) to Self -Help
Enterprises - Down Payment Assistance.
3. FY 2016 -17 Amendment No. 3: Transfer
funds from CHDO Set Aside ($144,774 in
Home Investment Partnerships funds) to
Self -Help Enterprises - Down Payment
Assistance.
Community Development Director Kitchen
advised this matter was incorrectly noticed and
stated the public hearing will be re- noticed and
return for Council action on November 15, 2017.
No action taken.
11. REPORTS
None.
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12.
DEFERRED BUSINESS ACTION TAKEN
None.
13.
NEW BUSINESS
a. California Water Service Company franchise
renewal:
1. Resolution accepting the application of RES 151 -17
California Water Service Company
requesting a water franchise.
2. Resolution of intention to grant a ROI 1937
franchise to California Water Service
Company.
City Manager Tandy made staff comments.
Motion by Vice -Mayor Smith to adopt the APPROVED
Resolutions.
14.
COUNCIL AND MAYOR STATEMENTS
Vice -Mayor Smith requested staff explore ways to
differentiate action items and non - action items on the
agenda.
Vice -Mayor Smith requested the Planning and
Development Committee review NACTO guidelines.
Vice -Mayor Smith requested the Planning and
Development Committee examine ways to reduce
vehicular speeds.
Councilmember Parlier stated he received a message
from a resident expressing appreciation of Public
Works Department staff during street improvements
near his home.
Councilmember Parlier expressed appreciation, on
behalf of Oxnard Police Chief Whitney, for the support
that was provided to his Police Department and the
family of an Oxnard Police Officer who was injured in
Kern County.
Councilmember Parlier advised that he and
Councilmember Rivera will be holding their annual
Trunk of Treat event on October 26th.
Bakersfield, California, October 11, 2017 —Page 15 2 9 1 2
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Parlier requested the Safe
Neighborhoods and Community Relations Committee
be given a presentation on the anti - hacking
program in Fresno.
Councilmember Sullivan expressed appreciation for
the entertainment that A.E.G. brings to the City.
Mayor Goh expressed appreciation for an American
flag provided to the City by Congressman Kevin
McCarthy.
15. ADJOURNMENT
Mayor Goh adjourned the meeting at 9:04 p.m.
Alk 904
MAY R of The7cit y of Bakers field, CA
ATTEST:
CITY CLERK an Ex Officio Clerk of
the Council of the City of Bakersfield
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