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Home My WebLink About12/13/17 CC MINUTESI 2410 BAKERSFIELD CITY COUNCIL MINUTES P,® MEETING OF DECEMBER 13, 2017 C9L(FO Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings- 3:30 p.m, and 5:15 p.m. REGULAR MEETING - 3:30 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Freeman, Sullivan (seated at 3:32 p.m.), Parlier Absent: None 2. PUBLIC STATEMENTS a. Terry Maxwell spoke in opposition to the High Speed Rail Station Locally Generated Alternative Alignment and urged the Council to reconsider the Truxtun Avenue alignment. 3. WORKSHOPS a. High Speed Rail: 1. Presentation on the status of the Bakersfield Station Area Planning effort. 2. Resolution in support of the Locally RES 162 -17 Generated Alternative (LGA) Alignment of the Fresno to Bakersfield project section. Community Development Director Kitchen made staff comments and provided a PowerPoint presentation. Motion by Vice -Mayor Smith to adopt the Resolution. APPROVED 2 9 1 1 Bakersfield, California, December 13, 2017 – Page 2 4. CLOSED SESSION ACTION TAKEN a. 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 STAFF WAS GIVEN Company, et al. San Mateo County DIRECTION Superior Court Case No. CIV 470999 2. Gary Willis v. City of Bakersfield, et al. USDC Case No. 1:04 -CV- 06542 - AWI -BAM NO REPORTABLE 3. Arturo Gonzalez v. City of Bakersfield ACTION USDC Case No. 1:1 6-CV-001 07-JLT NO REPORTABLE 4. Hillary Bjorneboe v. City of Bakersfield, et ACTION al. Kern County Superior Court Case No. NO REPORTABLE BCV -1 5-101298, SPC ACTION Motion by Vice -Mayor Smith to adjourn to Closed APPROVED Session at 3:54 p.m. The Closed Session meeting was adjourned at 5:17 p.m. Meeting reconvened at 5:23 p.m 5. CLOSED SESSION ACTION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1 ) for the following: 1 . California Wafer Service Company and STAFF WAS GIVEN City of Bakersfield v. The Dow Chemical DIRECTION Company, et al. San Mateo County Superior Court Case No. CIV 470999 2. Gary Willis v. City of Bakersfield, et al. NO REPORTABLE USDC Case No. 1:04 -CV- 06542- AWI -BAM ACTION 3. Arturo Gonzalez v. City of Bakersfield NO REPORTABLE USDC Case No. 1 :16 -CV- 00107 -JLT ACTION 4. Hillary Bjorneboe v. City of Bakersfield, et NO REPORTABLE al. Kern County Superior Court Case No. ACTION BCV -15- 101298, SPC Bakersfield, California, December 13, 2017 - Page 3 2 9 1 2 6. ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting at 5:24 p.m. REGULAR MEETING -5:26 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, and a Boy Scout Troop, in attendance at the meeting to learn about City government. 2. INVOCATION by Mayor Goh. 3. PLEDGE OF ALLEGIANCE by Coral Rose "Coco" Chapman, 8th grade student from Laurel Springs Online Private School. 4. PRESENTATIONS a. Presentation of a proclamation by Mayor Goh to Diana Cisneros, Dustyn Contreras, and Sandy Woo, Kern Coalition Against Human Trafficking representatives, declaring January 2018, Human Trafficking Awareness Month. Mr. Contreras accepted the proclamation and made comments. 5. PUBLIC STATEMENTS a. Ronnie Cruz, founder of Feed it Forward, presented awards to Councilmember Rivera and Councilmember Sullivan for their support with the group's annual Thanksgiving event. b. Terry Maxwell spoke in opposition to the proposed polling and public opinion research services; and expressed his concern with the appropriation of County local TRIP funds, on Consent Calendar item 8.aq. ACTION TAKEN 2 9 1 3 Bakersfield, California, December 13, 2017 — Page 4 5. PUBLIC STATEMENTS continued ACTION TAKEN C. Marvin Dean commended the Bakersfield Police Department for their role in the recent multiagency operation targeting a local gang; and expressed concern with the possibility of Charles Manson being buried in Bakersfield. d. Wendell Wesley, Jr. also expressed his concern with the possibility of Charles Manson being buried in Bakersfield. d. Robert Braley expressed his concern regarding the cost of the Centennial Corridor Project and asked City staff to provide the current cost for the project to the public. e. Paul Desai, RP Golden State Management, LLC, made comments regarding branding and redevelopment of the Wible Road and Ming Avenue interchange; and submitted written material. Councilmember Parlier requested staff to meet with Mr. Desai regarding branding around Ming Avenue and State Route 99. David Lyman, Manager of Visit Bakersfield, presented the new Bakersfield Arrival Guide, containing information on dining, hotels, and local events; and submitted written material. 6. WORKSHOPS a. Sports Village naming rights: Presentation recognizing Kaiser Permanente as the naming rights sponsor for Bakersfield Sports Village. 2. License and naming rights agreement for AGR 17 -180 Bakersfield Sports Village. City Manager Tandy made staff comments. k J David Womack, Kaiser Permanente, made additional comments and presented a check to Mayor Goh. Motion by Councilmember Sullivan to accept APPROVED J the presentation and approve the agreement. Bakersfield, California, December 13, 2017 - Page 5 2 9 1 4 6. WORKSHOPS continued ACTION TAKEN I b. Community -wide Branding Project. (Staff recommends approval of a contribution of 510.000 from Council Contingency to the Community -wide Branding Project) Acting City Clerk Gerry announced a staff memorandum was received, identifying the companies that have provided funding for the community -wide branding project. City Manager Tandy made staff comments. Nick Ortiz, CEO of the Greater Bakersfield Chamber of Commerce, and Joe Renfro, Tejon Ranch, made additional comments. Motion by Vice -Mayor Smith to approve the APPROVED staff recommendation. C. Professional polling and public opinion research Services: (Stuff recommends appmvaiof Me ogreementand appropriation.) 1. Agreement with Fairbank, Moslin, AGR 17 -181 Moullin, Metz and Associates (FM3) (not to exceed $54,750) to conduct polling and public opinion research services. 2. Appropriate $54,750 General Fund balance to the Non - Departmental Budget within the General Fund. Acting City Clerk Gerry announced a staff memorandum was received, correcting the fifth whereas clause in the agreement. City Manager Tandy made staff comments. Assistant City Manager Huot made additional staff comments and provided a PowerPoint presentation. Motion by Vice -Mayor Smith to approve the APPROVED staff recommendation. NOES RIVERA, WEIR, PARLIER I 2 9 5 Bakersfield, California, December 13, 2017 - Page 6 APPOINTMENTS ACTION TAKEN a. One appointment (at large) to the Fire Department Civil Service Board due to the term expiration of Ronald Eaves (term expires December 31, 2017). Acting City Clerk Gerry announced an application for appointment was received from Ronald Eaves. Motion by Vice -Mayor Smith to appoint Ronald APPROVED Eaves to a three -year term on the Fire Civil Service Board, term expiring December 31, 2020. b. Two appointments (at large) to the Miscellaneous Departments Civil Service Board due to the term expiration of Tom Dorlis and Ronald Wolfe (terms expire December 31, 2017). Acting City Clerk Gerry announced applications for appointment were received from Tom Dorlis, Ronald Wolfe, and Dorothy Weston (ballots were used. Ward 1 Dorlis, Wolfe Ward 2 Dorlis, Wolfe Ward 3 Dorlis, Wolfe Ward 4 Dorlis, Wolfe Ward 5 Dorlis, Wolfe Ward b Dorlis, Wolfe Ward 7 Dorlis, Wolfe Motion by Vice -Mayor Smith to appoint Tom APPROVED Dorlis and Ronald WoRe to three -year terms on the Miscellaneous Civil Service Board, terms expiring December 31, 2020. C. One appointment (at large) to the Police Department Civil Service Board due to the term expiration of Kenneth Vetter (term expires December 31, 2017). Acting City Clerk Gerry announced applications for appointment were received from Kelly Lucas and Dorothy Weston (ballots were used). J j Bakersfield, California, December 13, 2017 — Page 7 2 9 1 6 7. APPOINTMENTS continued ACTION TAKEN ITEM ].c. CONTINUED Ward 1 Lucas Ward 2 Lucas Ward 3 Lucas Ward 4 Lucas Ward 5 Lucas Ward 6 Lucas Ward 7 Lucas Motion by Vice -Mayor Smith to appoint Kelly APPROVED Lucas to a three -year term on the Police Civil Service Board, term expiring December 31, 2020. Motion by Vice -Mayor Smith to appoint Flom APPROVED Core to a two -year term on the Kern Mosquito and Vector Control District, term expiring December 31, 2019. e. One appointment (at large) to the North of the River Recreation and Park District due to the term expiration of Robert Lerude (term expires December 31, 2017). Acting City Clerk Gerry announced an application for appointment was received from Robert Lerude. d. One appointment (at large) to the Kern Mosquito and Vector Control District due to the term expiration of Flom Core (term expires December 31, 2017). Acting City Clerk Gerry announced applications for appointment were received from Florn Core and Dorothy Weston (ballots were used). Ward 1 Core Ward 2 Core Ward 3 Core Ward 4 Core Ward 5 Core Ward 6 Core Ward 7 Core Motion by Vice -Mayor Smith to appoint Flom APPROVED Core to a two -year term on the Kern Mosquito and Vector Control District, term expiring December 31, 2019. e. One appointment (at large) to the North of the River Recreation and Park District due to the term expiration of Robert Lerude (term expires December 31, 2017). Acting City Clerk Gerry announced an application for appointment was received from Robert Lerude. 2 9 1 7 Bakersfield, California, December 13, 2017 — Page 8 7. APPOINTMENTS continued ACTION TAKEN ITEM 7.e. CONTINUED ttt Motion by Vice -Mayor Smith to appoint Robert APPROVED ■ Lerude to a lour -year term on the North of the J River Recreation and Park District, term expiring on December 31, 2021. f. One appointment (Ward 2) to the Bakersfield Youth Commission (Regular Member) due to a vacancy (term expires July 20, 2018). Acting City Clerk Gerry announced on application for appointment was received from Tate Turner. Motion by Councilmember Gonzales to appoint APPROVED Tate Turner as a regular member on the Bakersfield Youth Commission, term expiring July 20, 2018. Mayor Goh recessed the meeting at 6:48 p.m. and reconvened the meeting at 6:58 p.m. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 15, 2017, Regular City Council Meetings. Payments: b. Receive and file department payments from November 2, 2017, to November 30, 2017, in the amount of $26,656,909.19, Self- Insurance payments from November 2, 2017, to November 30, 2017, in the amount of $810,016.12, totaling $27,466,925.31 . Ordinances: C. Adoption of ordinances amending various sections of the Bakersfield Municipal Code: 1. Amending Section 1.34.020 relating to ORD 4921 Appeals to Department Heads. 2. Amending Section 2.28.050 relating to ORD 4922 Meetings and Technical Advisors. 3. Amending Section 2.28.060 relating ORD 4922 Meetings and Councilmember as Advisor. Bakersfield, California, December 13, 2017 — Page 9 2 9 8. CONSENT CALENDAR continued ACTION TAKEN ITEM 8, CONTINUED ORD 4923 4. Amending Section 12.56.055 relating Expulsion from City Facilities. 5. Amending Section 17.72.010 relating ORD 4924 Zoning Enforcement and the Designated Person. Resolutions: d. Resolution confirming approval by the City RES 163 -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 the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector. e. Resolution authorizing the Recreation and Parks RES 164 -17 Director to apply for the Land and Water [ Conversation Fund Grant Program and enter Linto agreements with the State of California. f. Resolution making findings and determination RES 165 -17 regarding commitment of unexpended Metropolitan Bakersfield Transportation Impact Fees. g. Resolution authorizing sale of surplus 2001 RES 166 -17 Chevrolet Astro van to the Bakersfield Homeless Center in the amount of $1,400. h. Resolution determining that two replacement RES 167 -17 Type 3 Fire engines can most efficiently be obtained through cooperative procurement bidding procedures from Boise Mobile Equipment, Boise, ID, and authorizing the Finance Director to dispense with bidding thereof, not to exceed $708,000. i. Sewer connection fee assessments for 4912 Penelope Place: 1. Resolution confirming assessment for RES 168 -17 sewer connection and authorizing the collection of assessment by the Kern County Tax Collector. 2 9 1 9 Bakersfield, California, December 13, 2017 - Page 10 8. CONSENT CALENDAR continued ACTION TAKEN ITEM 8J. CONTINUED 2. Agreement with Emmanuel Evangelista AGR 17 -182 l■ and Wendy Valenzuela to pay sewer J connection fees through the Kern County Tax Collector. j. Purchase and installation of 150 -ton chiller at City Hall South: 1. Resolution dispensing with normal RES 169 -17 bidding procedures due to the urgent necessity to purchase and install a 150 -ton chiller at City Hall South for air conditioning services, not to exceed $150,000. 2. Transfer and appropriate $150,000 in Facility Reserve funds to the Public Works Department's Capital Improvement Budget within the Capital Outlay Fund. k. Resolutions to add the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: 1. Area 3 -105 (3411 Hosking Avenue) - RES 170 -17 Ward 7 2. Area 3 -106 (2650 Panama Lane) - RES 171 -17 Ward 7 3. Area 3 -107 (9804 Compagnoni Street) - RES 172 -17 Ward 7 4. Area 4 -172 (740 Monticello Avenue) - RES 173 -17 Ward 1 5. Area 4-173 (614 E. 9th Street) - Ward 1 RES 174 -17 6. Area 4 -174 (501 Chester Avenue) - RES 175 -17 Ward 2 7. Area 4 -175 (2900 Buck Owens Boulevard) RES 176 -17 Ward 3 8. Area 5 -87 (211 S. Hayes Street) - Ward 1 RES 177 -17 9. Area 5 -88 (647 Casa Loma Drive) - RES 178 -17 ■ ■ Ward 1 1/1 Bakersfield, California, December 13, 2017 - Page 11 2 9 2 0 8. CONSENT CALENDAR continued ACTION TAKEN ITEM BA, CONTINUED 10. Area 5 -89 (2009 Harry E. Yarnell Court) - RES 179 -17 Ward 7 11. Area 5 -90 (5717 Gwendolyn Street) - RES 180 -17 Ward 7 12. Area 5 -91 (324 Madison Street) - Ward 1 RES 181 -17 13. Area 5 -92 (4820 Eve Street) - Ward 1 RES 182 -17 I. Update of salary schedule due to State minimum wage increase: 1 . Amendment No. 2 to Resolution No. RES 112 -16(2) 112 -16 approving the Memorandum of Understanding setting salaries and related benefits for the employees of the Blue and White Collar Units. 2. Amendment No. 22 to Resolution No. RES 44- 93(22) 44 -93 setting salaries and related benefits for the Temporary Unit. Agreements: M. Agreement with Kern High School District (not to AGR 17 -183 exceed $75,000 paid to the City) for use of aquatic facilities for practice and swim meets. n. Agreement with Gutierrez /Associates ($160,000 ) AGR 17 -184 as the design consultant for the baffling system retrofit at the existing Bakersfield Police Department Firearms Range. o. Transportation impact fee reimbursement AGR 17 -185 agreement with Lennor Homes, Inc. (not to ABS SMITH exceed $238,151.73), for construction of improvements on Taft Highway along the frontage of Tentative Tract Map 6758. P. Final map and improvement agreement with AGR 17 -186 Summit Capital Ventures, Inc., for Tract 6853, Phase 5, located south of Telstor Avenue and east of Calloway Frontage Road. q. Final map and improvement agreement and AGR 17 -187 landscape agreement with Sierra Oaks Partners, LLC, for Tract 7288, Phase 4located AGR 17 -188 south of Ming Avenue and west of Buena Vista Road. 2 9 2 1 Bakersfield, California, December 13, 2017 — Page 12 8. CONSENT CALENDAR continued ACTION TAKEN r. Final map and Improvement agreement with AGR 17 -189 Sierra Oaks Partners, LLC, for Tract 7288, Phase 5 located south of Ming Avenue and west of Buena Vista Road. S. Agreement with Soils Engineering, Inc. AGR 17 -190 ($721,750), to provide materials testing services for calendar years 2018 and 2019. 1. Consultant agreements with McIntosh & AGR 17 -191 Associates ($200,000), Meyer Engineering AGR 17 -192 ($200,000), and NV5 ($200,000) to provide "on_ AGR 17 -193 calf' construction inspection services for development projects and the capital improvement program. J. Agreement with California Water Service AGR 17 -194 Company (not to exceed $270,000) for wellhead and distribution system services associated with the Emergency TCP Mitigation Project. V. Agreement with Rufino Leon and Maria Elena AGR 17 -195 Leon ($42,000) to purchase real property DEED 8836 located at 7639 Wible Road for the Wible Road Widening Project. W. Agreement with Disability Access Consultants AGR 17 -196 (not to exceed $110,000) to conduct an additional evaluation of public right of way. X. Utility agreement with AT &T ($40,054.90) for the AGR 17 -197 relocation of facilities in conflict with the 24th Street Improvements Project, Phase 1. Y. Pipeline license agreement with Crimson AGR 17 -198 Resource Management Corp. for the construction of two pipelines in Stine Road and one pipeline in District Boulevard. Z. Agreement with Clean Energy Systems REMOVED BY STAFF Kimberlina (CESK) to provide recycled wood chips for biomass fuel from the Mount Vernon Avenue Greenwaste Facility. J Bakersfield, California, December 13, 2017 — Page 13 2 9 2 8. CONSENT CALENDAR continued ACTION TAKEN aa. Amendment No. 3 to Agreement No. 08 -087 AGR 08- 087(3) with the County of Kern to reimburse the City for 11 processing of geenwaste material at the Mount Vernon Greenwaste Facility. ad. Amendment No. 3 to Agreement 14 -309 with AGR 14- 309(3) the Bakersfield Homeless Center (not to exceed $834,467) for the sorting of green waste material at the Mount Vernon Green Waste Recycling Facility. ac. Amendment No. 2 to Agreement No. 16 -118 AGR 16- 118(2) with William Avery & Associates, Inc. ($49,800; revised not to exceed $124,500), for labor negotiation and consulting services. ad. Amendment No. 1 to Agreement No. 17 -007 AGR 17- 007(1) with Target Specialty Products ($100,000, revised not to exceed $250,000 and extend term one year), to continue the supply of chemical, insecticides, and herbicides. ae. Amendment No. 1 to Utility Agreement No. 17- AGR 17- 120(1) 120 with Pacific Gas and Electric Company (no change in compensation) for the relocation of electric lines in conflict with the Belle Terrace Project (a part of the Centennial Corridor Project). of. Amendment No. 3 to Design Consultant AGR 14- 288(3) Agreement No. 14 -288 with Parsons Transportation Group ($3,409,875; revised not to exceed $32,913,357) for additional design services for the Centennial Corridor Project. ag. Contract Change Order No. 2 to Agreement AGR 17 -010 No. 17 -010 with GSE Construction Co. Inc. CCO 2 ($68,523; revised not to exceed $2,893,669), for the rehabilitation of two sewer lift stations: 24th Street at Oak Street, and White Lane at Buena Vista Road Projects 11 2 9 2 3 Bakersfield, California, December 13, 2017 - Page 14 B. CONSENT CALENDAR continued ACTION TAKEN Property Acquisition Agreements - TRIP: i an. Agreement with Bakersfield Lodging LTD AGR 17 -199 J ($47, 100) to purchase real property located at DEED 8837 2609 Buck Owens Blvd for the 24th Street Widening Project. Bids: al. Reject bids for reconstruction of parking lot at 3737 Stockdole Highway. aj. Accept bid and approve contract with Pelagic AGR 17 -200 Engineering ($97,110) for the Pedestrian Countdown Timers - Part 6 Project. ak. Accept bid from Murray Trailers ($125,996.66) for an additional 16 -tire low bed equipment trailer for the Water Resources Department. al. Accept bid and approve contract with Bosco AGR 17 -201 Constructors, Inc. (not to exceed $291,000), for the annual contract for canal liner repair. am. Accept bid from Cyber Computers, Inc. ($139,764.08), for replacement Lenovo0 Thinkcentre computers for the Technology Services Division. an. Accept bid and approve contract to Applied AGR 17 -202 LNG Technologies, LLC ($500,000), for the annual contract to supply liquid natural gas fuel. ao. Accept bids and approve contracts to AGR 17 -203 Pinnacle Petroleum, Inc. ($2,500,000), and IPC AGR 17 -204 (USA), Inc. ($1,000,000), for annual contracts to supply gasoline and diesel fuels. op. Sewer lift station at Monitor Street and White Lane: 1. Accept bid and approve contract with AGR 17 -205 GSE Construction Company, Inc. ($1,604,780), for construction of said project. Bakersfield, California, December 13, 2017 - Page 15 2 9 2 4 8. CONSENT CALENDAR continued ACTION TAKEN ITEM B.Op, CONTINUED 2. Appropriate $535,000 in Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 2) to the Public Works Department's Capital Improvement Budget. aq. Westpark Local Street Improvements Project, a phase of the Centennial Corridor Project: 1. Accept bid and approve contract with AGR 17 -206 Cal Prime, Inc. ($1,867,500) for project construction. 2. Amendment No. 1 to Agreement No. 17- AGR 17- 160(1) 160 with AECOM ($158,321; not to exceed $258,253) for construction management services for project. 3. Appropriate $630,000 in County Local TRIP Funds to the Public Works Department's Capital Improvement budget within the TRIP Local Match t Fund. Miscellaneous: or. Transportation Development Act Article 3 TDA 3) grant funds and applicable local project matches: Appropriate $165,764 in TDA 3 grant funds to the Public Works Department's Capital Improvement Budget within the Bikeway and Pedestrian Pathway Fund for the following projects: Kern River Parkway Rehabilitation (Manor Street to Alfred Harrell Highway); Kern River Parkway Access Improvements (21 st Street); Pedestrian Improvements Brundage Lane); and Downtown Bicycle Parking. 2. Appropriate $6,000 in TDA 3 grant funds to the Recreation and Parks Department's Operating Budget within the Bikeway and Pedestrian Pathway Fund for the Build -A -Bike Program. 2 9 2 5 Bakersfield, California, December 13, 2017 - Page 16 8. CONSENT CALENDAR continued ACTION TAKEN ITEM 8.ar. CONTINUED 3. Appropriate $14,420 Capital Outlay Fund Balance to the Public Works Department's Capital Improvement Budget within the Capital Outlay fund for local match requirements on the following projects: Kern River Parkway Rehabilitation (Manor Street to Alfred Harrell Highway); Kern River Parkway Access Improvements (21 st Street); and Pedestrian Improvements (Brundage Lane). as. Fiscal Year 2016 -17 Annual Compliance Report for Bridge Crossings and Major Thoroughfare Fees prepared in accordance with California Government Code §66006. at. Fiscal Year 2016 -17 Annual Compliance Report for Planned Drainage Area Fees prepared in accordance with California Government Code §66006. au. Fiscal Year 2016 -17 Annual Compliance Report for Planned Sewer Area Fees prepared in accordance with California Government Code §66006. ay. Fiscal Year 2016 -17 Annual Compliance Report for Transportation Impact Fees prepared in accordance with California Government Code §66006 aw. Audit reports to be referred to Budget and Finance Committee: Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2017. 2. Agreed Upon Conditions Report for the fiscal year ended June 30, 2017. 3. Auditor Communication With Those Charged With Governance (SAS 114 Letter) for fiscal year ended June 30, 2017. j J k Bakersfield, California, December 13, 2017 - Page 17 2 9 2 6 8. CONSENT CALENDAR continued ACTION TAKEN ITEM &. , CONTINUED 4. Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2017. 5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended June 30, 2017. 6. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice Center and Spectrum Amphitheatre for the fiscal year ended June 30, 2017. ex. Grant easement to the Pacific Gas and Electric DEED 8838 Company at Wastewater Treatment Plant No. 3. ay. Historic U.S. Route 99 signage along segments of 18th Street and Chester Avenue. 02. Incurred Cost Audit conducted by California Department of Transportation (Caltrans) regarding freeway project costs incurred from March 2013 through March 2016. ba. Authorization for Amendment No. 1 to AGR 15- 238(1) Agreement No. 15 -238 with the California High Speed Rail Authority (not to exceed $401,606.71) extending the term of the reimbursement agreement to reimburse the City for actual costs associated with the City's participation in the refinement and study of the Locally Generated Alternative. Successor Agency Business: Acting City Clerk Gerry announced item 8.z. was removed from the agenda at the request of staff. Vice -Mayor Smith announced that he would abstain, due to a conflict of interest, a person or entity involved in the proposed action is a source of income to him, on item 8.o. 2927 8. 9. Bakersfield, California, December 13, 2017 - Page 18 CONSENT CALENDAR continued ACTION TAKEN Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar items 8.a. through 8.ba. CONSENT CALENDAR PUBLIC HEARINGS a. Public hearing to consider Taft Highway - Farmers Canal Bridge District: REMOVED FOR acquisition of certain real property by eminent SEPARATE 1 . Resolution adopting the Taft Highway - CONSIDERATION Farmers Canal Bridge District and SEE PAGE 20 approving the boundaries of the area, construction costs, and fee schedule. 2. Adoption of ordinance amending subsection (F) (1) of Section 16.32.060 of the Bakersfield Municipal Code relating to Bridge Crossings and Major Thoroughfares. (FR nli5 rn b. Public hearing on resolution of necessity to determine the public interest and necessity for RES 183 -17 acquisition of certain real property by eminent domain for the Centennial Corridor Project (Code of Civil Procedure § 1245.230), located at 3234 Belle Terrace, Bakersfield, CA 93309 (APN 149 - 250 -50) (CPN 87707). C. Public hearing on resolution of necessity to determine the public interest and necessity for RES 184 -17 acquisition of certain real property by eminent domain for the Truxtun Avenue Widening Project (Code of Civil Procedure § 1245.230) located at 33011'ruxtun Avenue, Bakersfield, CA 93301 (APN 332 - 500 -18 and -19). d. Public hearing on resolutions of necessity to determine the public interest and necessity for REMOVED FOR acquisition of certain real property by eminent SEPARATE domain for the 24th Street Improvement CONSIDERATION Project (Code of Civil Procedure § 1245.230) SEE PAGE 21 located at 1201 24th Street, Bakersfield, CA (APN 005 - 212 -07 and 005- 332 -01). J 1, J 2928 Bakersfield, California, December 13, 2017 - Page 19 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN e. Public hearing on resolution of necessity to RES 185 -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 1701 23rd Street, Bakersfield, CA (APN 005- 401 -07). Acting City Clerk Gerry announced a staff memorandum was received regarding item 9.a., transmitting a revised Exhibit A; and an additional staff memorandum was received regarding item 9.a., transmitting a letter from Kern Delta Water District in opposition to the staff recommendation. Consent Calendar Public Hearing items 9.a. through 9.e. opened at 7:00 p.m. Vice -Mayor Smith requested item 9.a. be removed for separate consideration. Terry Maxwell requested item 9.d. be removed for separate consideration. Consent Calendar Public Hearing items 9.b., 9.c., and 9.e. closed at 7:02 p.m. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar Public Hearing items 9.b., 9.c., and 9.e. 10. HEARINGS a. Public hearing on proposed pedestrian crossing of 24th Street at Pine Street: 1. Approval of construction of new pedestrian crossing of 24th Street at Pine Street. 2. Resolution adopting an Addendum to RES 186 -17 the Recirculated final Environmental Impact Report for the 24th Street Widening Project. (StaHrecommends approval of anew crosswalk at 14th Sheet and Pine Sheet and adoption of an Addendum to the Recirculated final Environmental Impact Report for Me 24M Sheet Widening Project. ) 2 9 2 9 Bakersfield, California, December 13, 2017 - Page 20 10. HEARINGS continued ACTION TAKEN ITEM 10.a. CONTINUED Acting City Clerk Gerry announced a staff memorandum was received regarding item 10.a., transmitting three emails in opposition to the staff recommendation and one email in support of the staff recommendation. Public Works Director Fidler made staff comments and provided a PowerPoint presentation. Karen Chapman, T.Y. Lin International, made additional comments and concluded the PowerPoint presentation. Hearing item 10.a. opened at 7:11 p.m. John Wilson and Terry Maxwell spoke in opposition to the staff recommendation. The following individuals spoke in support of the staff recommendation: Marvin Dean; Mark Nystrom; Katie Brewer; Jack Becker; Garry Enns; and Zachary Griffin. The following individuals spoke in rebuttal opposition to the staff recommendation: Renee Nelson; Terry Maxwell; and Judith Harniman. No one spoke in rebuttal support of the staff recommendation. Hearing item 10.a. closed at 7:37 p.m. Motion by Councilmember Gonzales to approve the staff recommendation. b. Public hearing to consider Taft Highway - Farmers Canal Bridge District: 1. Resolution adopting the Taft Highway - Farmers Canal Bridge District and approving the boundaries of the area, construction costs, and fee schedule. 2. Adoption of ordinance amending subsection (F) 1) of Section 16.32.060 of the Bakersfield Municipal Code relating to Bridge Crossings and Major Thoroughfares. (FR 11115117) i APPROVED NOES WEIR CONTINUED FROM PAGE 18 RES 187 -17 ORD 4925 3 I Bakersfield, California, December 13, 2017 - Page 21 Z 9 3 0 10. HEARINGS continued ACTION TAKEN ITEM 10.b. CONTINUED Public Works Director Fidler made staff comments. Hearing item 10.b. opened at 7:49 p.m. No one spoke. Hearing item 10.b. closed at 7:50 p.m. Motion by Vice -Mayor Smith to approve the staff recommendation. C. Public hearing on resolutions of necessity to 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 1201 24th Street, Bakersfield, CA (APN 005 - 212 -07 and 005- 332 -01). Public Works Director Fidler made staff comments. Hearing item 10.c. opened at 7:53 p.m. Terry Maxwell spoke in opposition to the staff recommendation. No one spoke in support of the staff recommendation. Hearing item 10.c. closed at 7:55 p.m. Motion by Coancilmember Rivera to approve the staff recommendation. 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS a. First reading of an ordinance adding Sections 17.04.077 and 17.04.078 and amending Sections 17.24.020, 17.28.030, and 17.30.020 of the Bakersfield Municipal Code relating to "Brewery or Distillery, Large" and "Brewery or Distillery, Small." APPROVED CONTINUED FROM PAGE IS RES 188 -17 RES 189 -17 APPROVED FR p q 3 1 Bakersfield, California, December 13, 2017 - Page 22 13. NEW BUSINESS continued ACTION TAKEN Community Development Director Kitchen made staff comments and provided a PowerPoint presentation. Motion by Councilmember Gonzales to give APPROVED first reading of the ordinance. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Parlier wished everyone a merry Christmas and a happy New Year, Vice -Mayor Smith stated he has received several complaints about speeding on Allen Road; and requested staff conduct speed surveys and explore placing red -light cameras on Allen Road, at Palm Avenue and Brimhall Road. Vice -Mayor Smith thanked staff for the trees planted between Aera Park and The Park at Riverwalk, and the new paving along the bike path. Vice -Mayor Smith acknowledged the retirement of Assistant Public Works Director Wright and thanked him for his years of service. Councilmember Gonzales requested staff provide the second workshop regarding homelessness in the earlier part of next year. Councilmember Gonzales thanked Mayor Goh for her help in meeting with local pastors and leaders of homeless advocacy groups regarding downtown - related issues; and wished everyone happy holidays. Councilmember Weir wished everyone a merry Christmas and a happy New Year. Councilmember Sullivan expressed her appreciation to staff for their work on the first annual Christmas tree lighting event that was held at the Centennial Plaza; and wished everyone a wonderful holiday. Mayor Goh expressed appreciation for staff and wished everyone a merry Christmas and a happy New Year. FJ Bakersfield, California, December 13, 2017 - Page 23 2 9 3 2 15. ADJOURNMENT Mayor Goh adjourned the meeting at 8:08 p.m. �4m 410 - MAYOR of the City of Bakersfield, CA ATTEST: ^ , %A6 TJY>AV� N 1n CIV CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ACTION TAKEN 2 9 3 3 Bakersfield, California, December 13, 2017 -Page 24 "-' 'n MIS PAGE INTENTIONALLY LEFT BLANK' -'< k