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Home My WebLink About11/15/17 CC MINUTESA F . BAKERSFIELD CITY COUNCIL MINUTES ,® MEETING OF NOVEMBER 15, 2017 IFO 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 Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera(seated at 3:34 p.m.), Gonzales, Weir, Parlier Absent: Councilmembers Freeman, Sullivan Assistant City Clerk Drimakis announced Closed Session item 4.c. was removed from the agenda of the request of the City Attorney. 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. 4. CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. b. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d) (1) for the following: 1 . California Water Service Company and City of Bakersfield v. The Dow Chemical Company, et al., San Mateo County Superior Court Case No. CIV 470999. 2. Citizens Against the 24th Street Widening Project v. City of Bakersfield; California Department of Transportation Kern County Superior Court Case No. S -1500- CV- 281556, KCT; Consolidated with BCV- 16- 101556 NFT. 2 8 9 9 Bakersfield, California, November 15, 2017 - Page 2 4. CLOSED SESSION continued ACTION TAKEN C. 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 APPROVED Session at 3:34 p.m. AB FREEMAN, SULLIVAN The Closed Session meeting was adjourned at 4:27 p.m. Meeting reconvened at 4:40 p.m 5. CLOSED SESSION ACTION a. Conference with Labor Negotiator pursuant to NO REPORTABLE Government Code Section 54957.6. ACTION b. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d) (1) for the following: 1. California Water Service Company and NO REPORTABLE City of Bakersfield v. The Dow Chemical ACTION Company, et al., San Mateo County Superior Court Case No. CIV 470999. 2. Citizens Against the 24th Street Widening STAFF WAS GIVEN Project v. City of Bakersfield; California DIRECTION Department of Transportation Kern County Superior Court Case No. S -1500- CV- 281556, KCT; Consolidated with BCV- 1 6- 1 01 556 NFT. C. Conference with Legal Counsel — Potential REMOVED BY STAFF Litigation; Closed Session pursuant to Government Code Section 54956.9(d) (2),(e) 1) (one matter). 6. ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting of 4:41 p.m. J Bakersfield, California, November 15, 2017 - Page 3 2 9 0 0 REGULAR MEETING -5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Parlier Absent: Councilmembers Freeman, Sullivan Mayor Goh acknowledged students from Bakersfield College and Sam Meyers, a Boy Scout, in attendance at the meeting to learn about City government. 2. INVOCATION by Councilmember Gonzales. 3. PLEDGE OF ALLEGIANCE by Savona Basconcillo, Senior from Independence High School. 4. PRESENTATIONS a. Presentation of a Certificate of Recognition by Mayor Goh to Panorama Drive home owners, Shirley and Mark Brewer, for Fall 2017 Yard of the Season. Mr. and Mrs. Brewer accepted the certificate and made comments. b. Presentation of the Mayor's Business Beautification Award by Mayor Goh, to Wes Bradford, CEO of Clifford and Bradford Insurance Agency. Heather Pennella, Keep Bakersfield Beautiful Committee, made comments. Mr. Bradford accepted the award and made comments. S. PUBLIC STATEMENTS a. Tony Martinez, Vice President of Rebuilding Together Kern County, spoke regarding the revitalization of the "Carnation Tract ", between Brundage Lane and 4'h Street. b. Melanie Farmer, President and CEO of the Downtown Business Association, announced a Small Business Saturday event will take place downtown, on November 25, 2017; and submitted written material. 2 9 0 1 Bakersfield, California, November 15, 2017 — Page 4 5. PUBLIC STATEMENTS continued ACTION TAKEN C. Tyrone Carr and Keith Simmons expressed concern with rental fees for softball fields and lights at Planz Park and Wayside Park; and stated there is a problem with transients and drug use in the area. Councilmember Parlfer requested staff contact Mr. Can to explore a possible solution for the field rentals and lighting in Planz and Wayside Parks. 6. WORKSHOPS None. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 1, 2017, Regular City Council Meetings. Payments: ■■ J b. Receive and file department payments from October 20, 2017 to November 1, 2017 in the amount of $10,626,501.08, Self Insurance payments from October 20, 2017 to November 1, 2017, in the amount of $257,178.57, totaling $10,883,679.65. Ordinances: C. First reading of ordinances amending various sections of the Bakersfield Municipal Code: 1 . Amending Section 1.34.020 relating to FR Appeals to Department Heads. 2. Amending Section 2.28.050 relating to FR Meetings and Technical Advisors. 3. Amending Section 2.28.060 relating to FR Meetings and Councilmember as Advisor. 4. Amending Section 12.56.055 relating to FR Expulsion from City Facilities. Bakersfield, California, November 15, 2017 — Page 5 2 9 0 2 8. CONSENT CALENDAR continued ACTION TAKEN ITEM B.c. CONTINUED 5. Amending Section 17.72.010 relating to FR Zoning Enforcement and the Designated Person. d. Adoption of an Ordinance granting a franchise ORD 4920 to California Water Service Company. Resolutions: e. Resolution authorizing the Public Works Director REMOVED FOR to apply for an energy efficiency loan from the SEPARATE California Energy Commission (not to exceed CONSIDERATION $3,000,000) for a citywide LED street light conversion project. f. Resolution authorizing the City Manager or RES 157 -17 Finance Director to execute documents related to a grant application for the Talisman Sump Improvements. g. Police Department Facilities Security Upgrade: 1. Resolution determining that the DMP Entre Door Access System cannot be RES 158 -17 reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed the budgeted amount of $75,000. 2. Agreement with Tel -Tec Security Systems, AGR 17 -173 Inc. (not to exceed $75,000) to upgrade and expand the electronic door access system at the Bakersfield Police Department Headquarters, Westside Substation and City Hall South. h. New temporary job classification and change to salary schedule: 1. Amendment No. 21 to Resolution No. 44- RES 44- 93(21) 93 setting salaries and related benefits for the Temporary Unit. 2. New temporary job classification: Parking LEnforcement Technician. 2 9 0 3 Bakersfield, California, November 15, 2017 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN I. Resolutions of Intention (ROI) to add the i following areas to the Consolidated J Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: 1. ROI No. 1938 adding Area 3 -105 (3411 ROI 1938 Hosking Avenue) - Ward 7 2. ROI No. 1939 adding Area 3 -106 (2650 ROI 1939 Panama Lane) - Ward 7 3. ROI No. 1940 adding Area 3 -107 (9804 R011940 Compagnoni Street) - Ward 7 4. ROI No. 1941 adding Area 4 -172 (740 ROI 1941 Monticello Avenue) - Ward 1 5. ROI No. 1942 adding Area 4 -173 (614 E. ROI 1942 9th Street) -Ward 1 6. ROI No. 1943 adding Area 4 -174 (501 ROI 1943 Chester Avenue) - Ward 2 7. ROI No. 1944 adding Area 4 -175 (2900 ROI 1944 Buck Owens Boulevard) - Ward 3 8. ROI No. 1945 adding Area 5-87 (211 S. ROI 1945 Hayes Street) - Ward 1 9. ROI No. 1946 adding Area 5 -88 (647 ROI 1946 Casa Loma Drive)- Ward 1 10. ROI No. 1947 adding Area 5 -89 (2009 ROI 1947 Harry E. Yarnell Court) - Ward 7 11. ROI No. 1948 adding Area 5 -90 (5717 ROI 1948 Gwendolyn Street) - Ward 7 12. ROI No. 1949 adding Area 5 -91 (324 R01 1949 Madison Street) -Ward 1 13. ROI No. 1950 adding Area 5 -92 (4820 Eve ROI 1950 Street) -Ward I k C Bakersfield, California, November 15, 2017 - Page 7 2 9 0 4 a. CONSENT CALENDAR continued ACTION TAKEN J. Taft Highway- Farmers Canal Bridge District: 1. Resolution of Intention No. 1952 to establish the Taft Highway- Farmers Canal Bridge District and preliminarily approving the boundaries of the area, the construction costs, and fee schedule. 2. First reading of ordinance amending Section 16.32.060 of the Bakersfield Municipal Code relating to Tract Map Improvements. Agreements: k. Agreement with Mead & Hunt, Inc. (not to exceed $800,000) for on -call airport planning, engineering, and design services for federally funded capital improvement projects during calendar years 2018 through 2022. I. Procurement of granular activated carbon (GAC) for 1,2,3 - Trichloropropane (TCP) Mitigation Project: Agreement with Jacobi Carbons, (not to exceed $407,442.80) to provide GAC media for 20 water treatment vessels. 2. Agreement with Evoqua Water Technologies, (not to exceed $454,258.66) to provide GAC media for 18 water treatment vessels. 3. Agreement Colgan Carbon, (not to exceed $934,176) to provide GAC media for 48 water treatment vessels. M. Amendment No. 2 to Agreement No. 15 -058 and corresponding promissory note reducing the interest from three percent to zero percent for a portion of the 19th Senior Plaza Loan. n. Amendment No. 2 to Agreement No. 15 -290 with Servexo Protective Services (not to exceed $158,600 annually and to extend term for an additional year) to provide daily 24 -hour onsite security services at the Bakersfield Amtrak Station. ROI 1952 FR AGR 17 -174 AGR 17 -175 AGR 17 -176 AGR 17 -177 AGR 15- 058(2) AGR 15- 290(2) 2 9 0 5 Bakersfield, California, November 15, 2017 - Page 8 8. CC NSENT CALENDAR continued ACTION TAKEN o. Amendment No. 2 to Cooperative Agreement AGR 15- 125(2) No. 15 -125 with the State of California Department of Transportation (Caltrans) for the construction of the State Route 99 and Rosedale Highway Off -Ramp Project. p. Amendment No. 2 to Agreement No. 17-002 with Trans -West Security Services, Inc. ($88,223; revised not to exceed $176,446 and extend term one year), for continued park security services. q. Amendment No. 1 to Agreement No. 17 -083 with Skorphol Associates ($22,360; revised not to exceed $77,360) for architectural design consultant services for the Water Resources Department Office Building Expansion Project. r. Contract Change Order No. 8 to Agreement No. 17 -044 with Security Paving Company ($44,754.26; revised not to exceed $41,338,026.16) for the Kern River Bridge Improvement Project. s. Contract Change Order No. 2 to Agreement No. 16 -232 with Griffith Company, ($129,701.75; revised not to exceed $1,487,363.75) for construction of the Pavement Rehabilitation on Wilson Road from Wible Road to So. H Street Project. t. Contract Change Order No. 1 to Agreement No. 17 -010 with GSE Construction Co. Inc. ($106,946; revised not to exceed $2,825,146), for the Rehabilitation of Two Sewer Lift Stations: 24th Street and Oak Street & White Lane and Buena Vista Road Project. Acquisition Agreements - TRIP: u. Accept bid and approve contract with Interior Demolition, Inc. ($112,500) for demolition of improvements at 4600 California Ave, 3899 Stockdole Hwy, and 200 S. Real Rd, Phase 23 for the Centennial Corridor Project. REMOVED FOR SEPARATE CONSIDERATION AGR 17- 083(1) AGR 17 -044 CCO 8 AGR I6 -232 CCO 2 AGR 17 -010 CCO I AGR 17 -178 J J J 0 / t Bakersfield, California, November 15, 2017 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN Bids: V. Accept bid and approve contract to Kern AGR 17 -179 Sprinkler Landscaping, Incorporated ($500,000) to provide and install 24" box trees. Miscellaneous: W. Review and acceptance of the Fiscal Year 2016 -2017 Annual Compliance Report for Park Impact Fees prepared in accordance with California Government Code §66006. Successor Agency Business: Assistant City Clerk Drimakis announced a staff memorandum was received regarding item 8.c., correcting a Scrivener's error on the Administrative Report. Councilmember Porter requested item 8.p. be removed for separate consideration. Vice -Mayor Smith requested item 8.e. be removed for separate consideration. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar items 8.a. through 8.w., with the removal of AS FREEMAN, items 8.e. and 8.p. for separate consideration. SULLIVAN e. Resolution authorizing the Public Works Director RES 156 -17 to apply for an energy efficiency loan from the California Energy Commission (not to exceed $3,000,000) for a citywide LED street light conversion project. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar Item 8.e. All FREEMAN, SULLIVAN P. Amendment No. 2 to Agreement No. 17 -002 AGR 17- 002(2) with Trans -West Security Services, Inc. ($88,223; revised not to exceed $176,446 and extend term one year), for continued park security services. Councilmember Parlier requested staff explore expanding park security services to additional parks. APPROVED Motion b Councilmember Parlier to adopt Y P AS FREEMAN, Consent Calendar Hem 8.p. SULLIVAN 2 9 0 7 Bakersfield, California, November 15, 2017 - Page 10 9. C NSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN a. Public Hearing to consider the resolution RES 159 -17 ordering the summary vacation of a portion of a 65'x70' temporary sewer easement within Parcel 2 of Parcel Map Waiver 17 -0065 located at the southwest corner of Brimhall Road and Coffee Road. b. Public Hearing to consider Action Plan Amendments to U.S. Department of Housing and Urban Development (HUD) Action Plans - Fiscal Year (FY) 14 /15 Amendment No. 7 and Fiscal Year 16/17 Amendment No. 3: 1. FY 14/15 Amendment No. 7: Transfer funds from MLK Community Center Gym Rehab ($25,000 CDBG) to Bakersfield Senior Center - Gate Improvements. 2. FY 14/15 Amendment No. 7: Transfer funds from CHDO Set Aside ($135,089 HOME) to Self -Help Enterprises - Chardonnay Tract. 3. FY 16/17 Amendment No. 3: Transfer funds from CHDO Set Aside ($164,911 HOME) to Self -Help Enterprises - Chardonnay Tract. 4. FY 16117 Amendment No. 3: Transfer funds from CHDO Set Aside ($1,781 HOME) to New Construction Assistance. C. Public hearing on Resolution of Necessity to REMOVED FOR determine the public interest and necessity for SEPARATE acquisition of certain real property by eminent CONSIDERATION domain for the Centennial Corridor Project SEE PAGE I I (Code of Civil Procedure § 1245.230) located at 3408 Elcia Drive, Bakersfield, CA 93309 (APN 149- 211 -08) (CPN 87726). d. Public hearing on Resolution of Necessity to RES 160 -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 3839 Stockdale Highway, Bakersfield, CA 93309 (APN 149- 221 -20) (CPN 87654). Bakersfield, California, November 15, 2017 - Page 11 2 9 0 8 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN Consent Calendar Public Hearing items 9.a. through 9.d. opened at 5:46 p.m. Richard Martinez requested item 9.c. be removed for separate consideration. Consent Calendar Public Hearing items 9.a., 9.b., and 9.d. closed at 5:47 p.m. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar Public Hearing items 9.a., 9.b., and 9.d. All FREEMAN, SULLIVAN 10. HEARINGS a. Public hearing on Resolution of Necessity to RES 161 -17 determine the public interest and necessity for None. acquisition of certain real property by eminent DEFERRED BUSINESS domain for the Centennial Corridor Project None. Code of Civil Procedure § 1245.230) located at 3408 Elcia Drive, Bakersfield, CA 93309 (APN 149 - 211 -08) )CPN 87726). (Staff recommends approval of resolution of necessity.) Public Works Director Fidler made staff comments. Hearing item 10.a. opened at 5:50 p.m. Richard Martinez spoke in opposition to the staff recommendation. Hearing item 10.a. closed at 5:53 p.m. Real Property Manager Anderson presented a map and made staff comments. Public Works Director Fidler made additional staff comments. Motion by Vice -Mayor Smith to adopt the APPROVED resolution of necessity. AS FREEMAN, SULLIVAN 11. REPORTS None. 12. DEFERRED BUSINESS None. 2 9 0 9I Bakersfield, California, November 15, 2017 — Page 12 13. NE'l}V BUSINESS ACTION TAKEN 14. COUNCIL AND MAYOR STATEMENTS mcilmember Parlier expressed his enthusiasm with recent announcement that Bass Pro Shop will be Tina to Bakersfield. ember Parlier requested the Legislative and Committee examine ways to mitigate ed shopping carts, and include the lent Groceries Association in the discussion. Vie -Mayor Smith expressed gratitude for the efforts of taff and organizers on the success of the Ba ersfield Marathon. Vi a -Mayor Smith requested staff include the amount of estimated staff and service reductions in future dis ussions on City finances. incilmember Gonzales congratulated the City on success of the 2 ^d annual Bakersfield Marathon. 15. ADUOURNMENT Goh adjourned the meeting at 6:04 p.m. A� MAYOR of the City of Bakersfield, CA CITY gLERK and Ex Officio Clerk of the C uncil of the City of Bakersfield J k