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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). 2 8 9 9 Bakersfield, California, October 11, 2017 - Page 2 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. I 2 9 0 1 Bakersfield, California, October 11, 2017 - Page 4 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 j 8. I A Bakersfield, California, October 11, 2017 - Page 5 2 9 0 2 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. I I Bakersfield, California, October 11, 2017 - Page 7 2 9 0 4 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) 2 9 0 5 Bakersfield, California, October 11, 2017 - Page 8 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. i 11 J 2906 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. 2 9 1 1 Bakersfield, California, October 11, 2017 - Page 14 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 2 9 1 3 Bakersfield, California, October 11, 2017- Page 16 •'%„THIS PAGE INTENTIONALLY LEFT BLANK -,'-'< j i