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Home My WebLink About03/21/18 CC MINUTES2984 UVEBAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 21, 2018 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 (seated at 3:33 p.m.), Gonzales, Weir, Freeman, Parlier Absent: Councilmember Sullivan 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: 1. Checks and Balances Project v. City of Bakersfield, Kern County Superior Court Case No. BCV -1 7-101859, TSC 2. First Amendment Coalition, et al. v. City of Bakersfield, Kern County Superior Court Case No. BCV -17-101859, TSC Motion by Vice -Mayor Smith to adjourn to Closed APPROVED Session at 3:31 p.m. As SULLIVAN The Closed Session meeting was adjourned at 4:40 p.m. Meeting reconvened at 4:58 p.m. L 2985 Bakersfield, California, March 21, 2018 - Page 2 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: I . Checks and Balances Project v. City of Bakersfield, Kern County Superior Court Case No. BCV -1 7-101859, TSC 2. First Amendment Coalition, et al. v. City of Bakersfield, Kern County Superior Court Case No. BCV -17-101859, TSC 6. ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting at 4:59 p.m. REGULAR MEETING -5:15 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Freeman, Parlier Absent: Councilmember Sullivan Mayor Goh acknowledged students from Bakersfield College and Boy Scout Troop 47 in attendance at the meeting to learn about city government. 2. INVOCATION by Pastor Don Bertrand, Resurrection Church. 3. PLEDGE OF ALLEGIANCE by Kimberly Marquez, Senior at Bakersfield High School. ACTION TAKEN NO REPORTABLE ACTION NO REPORTABLE ACTION J Bakersfield, California, March 21, 2018 — Page 3 4. PRESENTATIONS ACTION TAKEN a. Proclamation to Matt Damian, President of the Board of Directors for the Boys & Girls Club of Kern County, declaring National Boys & Girls Club Week in Bakersfield during the week of April 9 - 13, 2018. Mr. Damian accepted the Proclamation, made comments, and submitted written material. b. Proclamation to Jennifer Scott, Referral Consult Coordinator, and Aaron Markovits, Donation Development Coordinator, for the Onel-egocy Foundation, declaring DMV/Donate Life California Month in Bakersfield during April 2018. Mr. Markovits accepted the Proclamation and made comments. C. Distinguished Budget Presentation Award to Chris Huot, Assistant City Manager, representing the City Manager's Office. Assistant City Manager Huot accepted the award and made comments. 5. PUBLIC STATEMENTS a. The following individuals spoke in support of the Sikh community and requested Stone Creek Park be renamed as Jaswant Singh Khalra Park, a human rights activist from Punjab, India: Gurjit Kaur. Harleen Kaur; Romonjit Kaur; Harvir Kaur: and Simran Kaur. Councilmember Parlier requested staff explore the possibility of renaming the park and contact the individuals above. b. Michael Turnipseed, Kern County Taxpayers Association, expressed concern with the proposed sales tax measure. 1 2986 Bakersfield, California, March 21, 2018 - Page 4 6. WORKSHOPS ACTION TAKEN a. Polling Update (Staff recommends the City Council direct City staff to continue public outreach and discussion on this matter, and return to the City Council at a future meeting date with a recommendation regarding the placement of a general sales fax measure on the November 20 IS ballot.) City Manager Tandy and Assistant City Manager Huot made staff comments and provided a PowerPoint presentation. John Fairbank, FM3, made comments and provided a PowerPoint presentation. Councilmember Rivera requested to be provided with the exact wording of the opposition paragraph provided in the poll. Motion by Vice -Mayor Smith to approve the APPROVED staff recommendation. NOES WEIR AS SULLIVAN 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the March 7, 2018, Regular City Council Meetings. Payments: b. Receive and file department payments from February 23, 2018, to March 8, 2018, in the amount of $9,800,679.05, Self Insurance payments from February 23, 2018, to March 8, 2018, in the amount of $209,903.35, totaling $10,010,582.40. Ordinances: C. First reading of an ordinance repealing and FR replacing Chapter 5.32 of the Bakersfield Municipal Code relating to the Massage Ordinance. RM Bakersfield, California, March 21, 2018 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN L d. First reading of ordinance amending the FR Official Zoning Map in Title 17 of the Bakersfield RES 035-18 Municipal Code by changing the zone district from R-1 (One -Family Dwelling) to R -1 -CH (One - Family Dwelling Church) on 9.7 acres located at 8801 South H Street. A resolution adopting a Mitigated Negative Declaration will also be considered. (John Wilson LLC, representing the property owner, Greenfield Assembly of God Liberty Christian Center; ZC # 17 - 0161). e. Adoption of ordinance amending the Official ORD 4929 Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R -H (Residential Holding) to R-1 (One Family Dwelling) on 40 acres located generally south of Chase Avenue and east of Kern Canyon Road (SR 184). (ZC No. 17-0356- DeWolt Engineering, representing Rex Martin. (FR 02/21/18) f. Adoption of ordinance amending the Official ORD 4930 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). (ZC No. 17-0212 - Mclntosh & Associates representing Gurmehor Enterprises, Inc./Dr. Matab Singh). (FR 03/07/18) Resolutions: g. Resolution to submit the Urban Greening RES 026-18 Program grant application for the Kentucky Street Greening Project. h. 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 4-177 (1325 Niles Street) - Ward 2 RES 027-18 L2. Area 5-93 (400 Old Yard Drive) - Ward 1 RES 028-18 2989 Bakersfield, California, March 21, 2018 -Page 6 8. CONSENT CALENDAR continued ACTION TAKEN 3. Area 1-120 (410 Real Road) - Ward 2 RES 029-18 4. Area 4-178 (1109 Stockton Street) - RES 030-18 Ward 2 5. Area 4-179 (705 32nd Street) - Ward 2 RES 031-18 i. New job specification: 1. Amendment No. 4 to Resolution No. 112- RES 112-16(4) 16 approving memorandum of understanding for employees of the blue and white collar units and adopting salary schedule and related benefits. 2. New job specification: Guest Services Representative #25015. j. Citywide Streetlight Conversion Project: 1 . Resolution in accordance with Municipal RES 032-18 Code chapter 3.20.060 determining that work, supplies, equipment or materials can only be reasonably obtained from one vendor because of restricted availability of such work, supplies, equipment or materials. 2. Master service agreement with PG&E to AGR 18-039 AGR 18-040 provide turnkey services, including the AGR 18-041 On -Bill Financing Program for the AGR 18-042 upgrade and installation of energy efficient Light Emitting Diode (LED) fixtures to the City street light system (loan amount not to exceed $4.5 million). 3. Work order agreement with PG&E to AGR 18-043 install replacement LED fixtures. J 2990 8. Bakersfield, California, March 21, 2018 - Page 7 CONSENT CALENDAR continued ACTION TAKEN k. 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. 1961 adding Area 2-68 (1701 ROI 1961 Stine Road) -Ward 6 2. ROI No. 1962 adding Area 3-108 (7724 & ROI 1962 7730 Buena Vista Road) - Ward 5 Agreements: I. Reimbursement agreement with AEG AGR 18-044 Management Bakersfield, LLC (not To exceed $60,000), for the reimbursement of costs associated with renting The Rabobank Arena for the Christian Congregation of Jehovah's Witnesses conventions. M. Final map and improvement agreement with AGR 18-045 Summit Capital Ventures for Tract 6825, Unit 2, located at Old River Road and Panama Lane. n. Amendment No. 3 to Agreement No. 15-241 AGR 15-241(3) with Electrical Systems and Instrumentation, Inc., for assignment of agreement to Innovative Engineering Systems, Inc., dba IES Engineering. o. Amendment No. 2 To Agreement No. 15-308 AGR 15-308(2) extending the term of the contract with Skidmore, Owings & Merrill LLP (no change in compensation) to prepare the Bakersfield High Speed Rail Station Area Plan and associated documents. P. Amendments to utility agreements for 24th Street Improvement Project: 1. Amendment No. 1 to Agreement No. AGR 17-197(1) 17-197 with AT&T for changes in clauses. 2991 Bakersfield, California, March 21, 2018 — Page 8 8. CONSENT CALENDAR continued ACTION TAKEN ITEM 8.p. CONTINUED 2. Amendment No. 1 to Agreement PW 17- AGR 18-046 y 146 with'PG&E ($20,332.65; revised not to exceed $48,619.65) for additional pole relocation cost. C1. Contract Change Order No. 1 to Agreement AGR 17-157 No. 17-157 with James E. Thompson, Inc., CCO 1 ($22,500; revised not to exceed $1,400,000) for the 24th Street Sound Wall Construction Project. r. Contract Change Order No. 3 to Agreement AGR 17-159 No. 17-159 with Specialty Construction, Inc. CCO 3 ($22,607.61; revised not to exceed $1,958,245.81), for the Sanitary Sewer Relocation Project. Property Acquisition Agreements - TRIP: s. Disposal of real property: 1 . Resolution declaring real property RES 033-18 located at Highway 178 and Comanche Drive (APN 387-150-21) surplus to the needs of the City. 2. Agreement with Daniel and Adrianne AGR 18-047 Aguirre to purchase said property for DEED 8885 $3,000. t. Approval of settlement in Case No. BCV -1 7- 102373 in the amount of $5,550,000. U. Accept the bid and approve the contract with AGR 18-048 Parsam Construction, Inc., a California Corporation, ($397,600) for parking lot modifications at 3737 Stockdale Highway for the Centennial Corridor Project. Bids: V. Accept the bid and approve the contract with AGR 18-049 Brown and Fowler, Inc. ($151,037), to provide and install picnic area shade structures and ADA improvements at Jostro Park. 2992 Bakersfield, California, March 21, 2018 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN W. Accept the bid and approve the contract with AGR 18-050 Bowman Asphalt, Inc. ($201,358), for the Pavement Resurfacing on Wilson Road between South Real Road and State Route 99 Project. X. Accept bids (totaling $200,681.95) from AZCO Supply, Inc. ($160,747.37), Econolite ($15,891.23), McCain, Inc. ($12,544), and NexTech Systems, Inc. ($11,499.35), for traffic signal equipment. Y . Accept bids and approve contracts (totaling AGR 18-051 $500,000) to K & I Services, Inc. )$400,000), and AGR 18-052 J. Garcia Trucking, Inc. ($100,000), for annual contracts to haul wood chips. Z. Purchase of a cone setting delineator truck: Accept the bid for a cone setting delineator truck from Jim Burke Ford, Bakersfield, for $97,910.05. Appropriate $18,000 in Equipment Management Fund balance for the purchase of a cone setting delineator truck for the Public Works Department, Streets Division. Miscellaneous: aa. Acceptance of Fiscal Year 2016-17 Audit Reports: Comprehensive Annual Financial Report )CAFR) for the fiscal year ended June 30, 2017. 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. 2993 Bakersfield, California, March 21, 2018 - Page 10 8. CONSENT CALENDAR continued ACTION TAKEN ITEM 8.aa. CONTINUED 4. Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Sub regional 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 Sports Center & Spectrum Amphitheatre for the fisccl year ended June 30, 2017. 7. Single Audit Report for fiscal year ended June 30, 2017. 8. Agreed Upon Conditions Report relating to Information Technology Services for the fiscal year ended June 30, 2017. 9. Incurred Cost Audit Report relating to costs claimed by and reimbursed to the City of Bakersfield for work performed with the State Department of Transportation. Successor Agency Business: Assistant City Clerk Drimakis announced a staff memorandum was received regarding item 8,c., transmitting changes to the proposed Ordinance; and an additional staff memorandum was received regarding item 8.j., transmitting an updated limited warranty letter from the vendor. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar items 8.o. through 8.aa. AB SULLIVAN 11 k k 2994 Bakersfield, California, March 21, 2018 — Page 11 L9. CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN a. Public hearing to consider a resolution ordering RES 034-18 the summary vacation of 352 square feet of street right-of-way located on the south side of San Juan Avenue, approximately 525 feet east of Allen Road. b. Public hearing to consider a resolution NO ACTION TAKEN dedicating a portion of City owned property as public street right-of-way for Lombroso Street within Tentative Tract 7140 adjacent to the west side of City owned property. Assistant City Clerk Drimakis announced a staff memorandum was received requesting hearing item 9.1b. be opened and closed with no action taken to allow time to address concerns raised by the engineer -of -record; and advised the hearing will be re -noticed for a future date. Consent Calendar Public Hearing items 9.a. and 9.b. opened at 7:22 p.m. No one spoke. Consent Calendar Public Hearing items 9.a. and 9.b. closed at 7:23 p.m. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar Hearing item 9.a. AS SULLIVAN 10. HEARINGS None. 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS ■ None. 2995 Bakersfield, California, March 21, 2018 - Page 12 14. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN Councilmember Parlier requested the Planning and Development Committee review portable recycling centers. Councilmember Gonzales commended staff for working hard to protect and serve the city during the recent rainstorms. Councilmember Parlier expressed appreciation to the Fire Department for assisting Santa Barbara County with storm relief efforts. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 7:24 p.m. MAY�tle of Bakersfield, CA ATTEST: CITY CLERK and x Officio Clerk of the Council of the City of Bakersfield E J J