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Home My WebLink About03/07/18 CC MINUTES2974 HAK BAKERSFIELD CITY COUNCIL o MINUTES ,® MEETING OF MARCH 7, 2018 gLfF'0 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 (seated at 3:33 p.m.), Weir, Sullivan, Porlier Absent: Councilmember Freeman Mayor Goh acknowledged students from Bakersfield College in attendance at the meeting to learn about city government. 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. 4. CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding the following: I . Iliona Avila and Irving Encomacion v. City of Bakersfield, et al., Kern County Superior Court Case No. BCV -16-100049, TSC. 2. Marie C. Gariepy and Chloe Gariepy, a minor by and through her guardian ad lifem, Marie C. Gariepy v. City of Bakersfield, State of California Department of Transportation, Kern County Superior Court Case No. 5 -1500 - CV -282833, SPC. WJW. Bakersfield, California, March 7, 2018 - Page 2 4. CLOSED SESSION continued ACTION TAKEN 3. Checks and Balances v. City of Bakersfield, et al, Kern County Superior Court Case No. BCV -17-101859, EJB. Motion by Vice -Mayor Smith to adjourn to Closed APPROVED Session at 3:31 p.m. AB GONZALES, FREEMAN The Closed Session meeting was adjourned at 4:37 p.m. Meeting reconvened at 4:30 p.m. 5. CLOSED SESSION ACTION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding the following: Iliano Avila and Irving Encomocion v. BY A 6-0 VOTE, THE City of Bakersfield, et al., Kern County CITY ATTORNEY WAS Superior Court Case No. BCV -16-100049, GIVEN DIRECTION TSC 2. Marie C. Gariepy and Chloe Gariepy, a NO REPORTABLE minor by and through her guardian ad ACTION litem, Marie C. Gariepy v. City of Bakersfield, State of California Department of Transportation, Kern County Superior Court Case No. S -1500 - CV -282833, SPC. 3. Checks and Balances v. City of BY A 6-0 VOTE, THE Bakersfield, et al, Kern County Superior CITY ATTORNEY WAS Court Case No. BCV -1 7-101859, EJB. GIVEN DIRECTION 6. ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting at 4:46 p.m. J J 11 Bakersfield, California, March 7, 2018 - Page 3 REGULAR MEETING -5:15 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Sullivan, Parlier Absent: Councilmember Freeman Mayor Goh acknowledged students from Bakersfield College and Fruitvale Junior High in attendance at the meeting to learn about city government. 2. INVOCATION by Pastor Josh Fitzpatrick, Lead Pastor of Wellspring Free Methodist Church. 3. PLEDGE OF ALLEGIANCE by the Fruitvale Junior High School Associated Student Body representatives for the 2017-18 school year. 4. PRESENTATIONS Mayor Goh presented a Certificate of Achievement to Fruitvale Junior High School Principal Leslie Garrison, for their designation of Schools to Watch -Taking Center Stage. S. PUBLIC STATEMENTS a. Tim Chernaboeff spoke regarding the need for water conservation. b. Janea Benton, District Director for Assemblymember Rudy Sales, and Robert Purdie expressed appreciation for the City's support of the Valley Fever Legislation. C. Rudy Gonzales spoke regarding various issues pertaining to veterans and the Department of Justice. 6. WORKSHOPS a. Back -in diagonal parking on 18th Street between N and Q Streets. Vice -Mayor Smith announced he will abstain from Workshops Item 6.a., he owns property adjacent to the subject action. ACTION TAKEN 2976 2977 Bakersfield, California, March 7, 2018 — Page 4 6. WORKSHOPS continued ACTION TAKEN Public Works Director Fidler made staff comments. Traffic Engineer Starbuck made additional staff comments and provided a PowerPoint presentation. Motion by Councilmember Gonzales to APPROVED approve staffs recommendation for the AB FREEMAN implementation of the back -in diagonal parking on 181h Street between N and O Streets. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the February 21, 2018, Regular City Council Meetings. Payments: b. Receive and file department payments from February 9, 2018, to February 22, 2018, in the amount of $21,143,888.16, Self Insurance payments from February 9, 2017, to February 22, 2018, in the amount of $798,964.63, totaling $21,942,852.79. Ordinances: First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R-2 Limited Multiple Family Dwelling) to C- 1 (Neighborhood Commercial) on 5.68 acres located at the southeast corner of Ashe Road and Taft Highway (SR 119). A resolution adopting a Mitigated Negative Declaration will also be considered. (Zone Change No. 17-0212 - McIntosh & Associates representing Gurmehor Enterprises, Inc./Dr. Matob Singh). k Resolution adopting a Mitigated RES 018-18 Negative Declaration. j A Bakersfield, California, March 7, 2018 — Page 5 8. CONSENT CALENDAR continued ITEM B.c. CONTINUED First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R-2 (Limited Multiple Family Dwellings to C-1 (Neighborhood Commercials on 5.68 acres. ACTION TAKEN FR d. Adoption of ordinance amending the Official ORD 4928 Zone Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from A (Agriculture) to M-1 (Light Manufacturing) on 12.3 acres located along the south side of Taft Highway, generally east of Hughes Lane. (FR 2/21/18) Resolutions: e. Resolution in support of Valley Fever legislation authored by Assembly Members Fong and Sales and Co -Authored by Senator Fuller. Resolution supporting the Reducing Crime and Keeping California Safe Act of 2018. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. h. Resolution approving an application to the Kern County Local Agency Formation Commission to annex uninhabited territory into the City identified as Annexation No. 658 located along the south side of Taft Highway, approximately 492 feet east of Hughes Lane. Use of a previously adopted Negative Declaration will also be considered. RES 019-18 ':T#'IiY4111F3 RES 021-18 RES 022-18 2978 2979 Bakersfield, California, March 7, 2018 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN I. Emergency sewer repair at the intersection of Harris and Ashe Roads: 1. Resolution dispensing with bidding RES 023-18 procedures due to emergency sewer repairs at the intersection of Harris and Ashe Roads at the Arvin -Edison Canal, and authorizing Rain for Rent and Granite Construction Company to perform necessary repairs (not to exceed $525,000). 2. Appropriate $525,000 in Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement Budget. j. Resolutions of intention (ROI) to add the following areas to the consolidated maintenance district and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: 1 . ROI No. 1955 adding Area 4-177 (1325 ROI 1955 Niles Street) -Ward 2 2. ROI No. 1956 adding Area 5-93 (400 Old ROI 1956 Yard Drive) - Ward 1 3. ROI No. 1958 adding Area 1-120 (410 ROI 1958 Real Road) - Ward 2 4. ROI No. 1959 adding Area 4-178 (1109 ROI 1959 Stockton Street) -Ward 2 5. ROI No. 1960 adding Area 4-179 (705 ROI 1960 32nd Street) - Ward 2 Agreements k. Agreement with National Retail Properties AGR 18-031 ($168,000) to purchase real property at 1 st and DEED 8880 V Street for a drainage basin. i Reject all bids for the Traffic Signal and Lighting System Modification at Columbus Street and Union Avenue Project. I Bakersfield, California, March 7, 2018 - Page 7 CONSENT CALENDAR continued ACTION TAKEN LB. I. Agreement with Caribou Energy Corporation AGR 18-032 (not to exceed $100,000) for on-call potholing services for non -federally funded projects. m. Amendment No. 2 to Agreement No. 16-063 AGR 16-063(2) with Amber Chemical Inc. ($50,000 and extend the term one year), for the continued supply of pool chemicals. n. Amendment No. 1 to Agreement No. 17-043 AGR 17-043(1) with Burtch Construction Inc. ($800,000 and extend the term one year), for the continued supply of asphalt rejuvenator/sealant. o. Amendment No. 3 to Agreement No. 15-008 AGR 15-008(3) with NV5, Inc. ($1,878,80232; revised not to exceed $13,049,607.58), for construction management services for the Beltway Operational Improvements Project. P. Contract Change Order No. 3 to Agreement AGR 16-232 No. 16-232 with Griffith Company ($129,482.86; revised not to exceed $1,616,846.61) for CCO 3 construction of the Pavement Rehabilitation on Wilson Road from Wible Road to South H Street Project. Property Acquisition Agreements - TRIP: q. Approval of settlement in Case No. BCV -17- 102689 in the amount of $52,000. r. Agreement with Justin and Natalie Espinoza AGR 18-033 ($54,000) to purchase real property located at DEED 8879 2323 Elm Street for the 24th Street Widening DEED 8881 Project. Bids: Reject all bids for the Traffic Signal and Lighting System Modification at Columbus Street and Union Avenue Project. I 2981 8. Bakersfield, California, March 7, 2018 — Page 8 CONSENT CALENDAR continued ACTION TAKEN t. Accept the bid and approve the contract to AGR 18-034 Plank & Harvey, Inc., dba Cen-Cal Construction, Bakersfield ($301,212), for the construction of curb, gutter, and sidewalk for the Oleander area. J. Accept the bid and approve the contract to AGR 18-035 Plank & Harvey, Inc., dba Cen-Cal Construction, Bakersfield ($301,212) for the construction of curb, gutter, and sidewalks for the Baker/Old Town Kern area. V. Accept the bid and approve the contract to AGR 18-036 Plank & Harvey, Inc., dba Cen-Cal Construction, Bakersfield ($273,441), for the construction of curb, gutter, and sidewalk for the Lo France Area. W. Accept the bid from Mullaney CDJR, Paso Robles ($75,264.75), for the replacement of two one -ton pickup trucks with flat beds for use by the Public Works Department's General Services and Fleet Divisions. X. Accept the bid from Gall's, LLC, Lexington, KY ($85,585.50), for body armor for the Bakersfield Police Department. y. Accept the bid from Dell Marketing, L.P., Round Rock, TX ($151,474.80) for two replacement Dell storage area network devices. Z. Rehabilitation of sewer lift station at Office Park Drive: Accept the bid and approve the AGR 18-037 contract with SW Construction ($278,102.30) for construction of said project. 2. Transfer $350,000 from the Sewer Lift and Storm Pump Station -Various Locations Capital Improvement budget to the Sewer Lift Station at Office Park Drive Project within the Sewer Enterprise Fund (Wastewater Treatment Plant No. 3). J OEM Bakersfield, California, March 7, 2018 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN aa. Sewer rehabilitation in the Campus Park area between Old River Road and Gosford Road: 1 . Accept the base bid and Additive AGR 18-038 Alternate No. 1, and approve the contract with Insituform Technologies, LLC. ($1,927,554), for said project. 2. Appropriate $200,000 in Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement budget. Miscellaneous: Successor Agency Business: Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar items 8.a. through 8.aa. AS FREEMAN 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS a. Public hearing to consider a resolution ordering RES 024-18 the vacation of the 20 -foot -wide alley running east and west, bounded by Sumner Street, Sonora Street, East 21 st Street, and Sacramento Street. Public Works Director Fidler made staff comments. Hearing opened at 5:58 p.m. Dennis Fox spoke in support of the staff recommendation. Hearing closed at 6:00 p.m. Motion by Councilmember Gonzales to adopt APPROVED the resolution. AS FREEMAN ,;I, MAYOR of the City of Bakers field, CA ATTEST: CITY CLERK andl- Officio Clerk of the Council of the City of Bakersfield J Bakersfield, California, March 7, 2018 - Page 10 11. REPORTS ACTION TAKEN None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Rivera requested Mayor Goh draft a letter of support on behalf of the Council for Assemblymember Vince Fong's bill related to Private Attorney's General Act. Councilmember Parlier requested staff contact Frank Spencer to address his concerns regarding sheet racing. Councilmember Parlier requested staff remove the tumbleweeds along the fence located east of Highway 99, west of Wible Road, between Wilson Road and Ming Avenue. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 6:03 p.m. ,;I, MAYOR of the City of Bakers field, CA ATTEST: CITY CLERK andl- Officio Clerk of the Council of the City of Bakersfield J