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HomeMy WebLinkAbout04/11/18 CC MINUTES 2996 B A K E R S F I E L D NOTICE OF CANCELLATION OF THE BAKERSFIELD CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the Bakersfield City Council Meeting to be held on April 11, 2018 at 3:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California has been cancelled. Christopher lerry, Acting City Clerk City of Bakersfield 2997 --*-THIS PAGE INTENTIONALLY LEFT BLANK`** 2998 BAKERSFIELD CITY COUNCIL o MINUTES MEETING OF APRIL 11, 2018 fro Council Chambers, City Hall, 1501 Truxtun Avenue Special Meeting- 4:00 p.m. Regular Meeting- 5:15 p.m. SPECIAL MEETING-4:00 p.m. ACTION TAKEN 1. ROLL CALL Present: Vice-Mayor Smith, Councilmembers Gonzales, Weir, Freeman, Sullivan Absent: Mayor Goh, Councilmembers Rivera, Parlier 2. PUBLIC STATEMENTS None. 3. WORKSHOPS a. Update on the 24th Street Improvements Project. Public Works Director Fidler made staff comments and provided a PowerPoint presentation. Motion by Councilmember Weir to accept the APPROVED presentation. AS GOH, RIVERA, PARLIER 4. CLOSED SESSION None. 5. CLOSED SESSION ACTION None. b. ADJOURNMENT Vice-Mayor Smith adjourned the meeting at 4:15 p.m. 2999 Bakersfield, California, April 11, 2018- Page 2 REGULAR MEETING-5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Vice-Mayor Smith, Councilmembers Gonzales, Weir, Freeman, Sullivan Absent: Mayor Goh, Councilmembers Rivera, Parlier 2. INVOCATION by Reverend Monsignor Perry Kovookjion, Pastor of Saint Elizabeth Ann Seton Catholic Church. 3. PLEDGE OF ALLEGIANCE by Don Kurtz, Korean War Veteran of the United States Army. 4. PRESENTATIONS a. Proclamation to Mark Wyatt, Principal of the Kern High School District's Bakersfield Adult School, declaring Adult Education Week in Bakersfield during the week of April 9, 2018. Mr. Wyatt accepted the proclamation and made comments. b. Certificate of recognition to Jeannie Bertolaccini, President of the American Institute of Architects' Golden Empire Chapter, recognizing the 40th anniversary of the Golden Empire Chapter and the National Architecture Awareness Week during the week of April 9, 2018. Ms. Bertolaccini accepted the certificate and made comments. S. PUBLIC STATEMENTS a. David Gordon, Executive Director of the Arts Council of Kern, spoke regarding national poetry month; and Don Thompson recited a poem. b. Melanie Farmer, President/CEO of the Downtown Business Association, spoke in support of the Downtown Bakersfield Parking Study. 3000 Bakersfield, California, April 11, 2018- Page 3 5. PUBLIC STATEMENTS continued ACTION TAKEN C. Curtis Bingham Sr. expressed appreciation and to City staff and law enforcement for their work. d. Deborah Kessinger-Verdugo expressed appreciation to the Police Department for their assistance with her father's robbery investigation. e. Eddie Estevez and Xavier Castellanos, Liberty High School students, spoke regarding their community service project request to install lights on the bike trail by The Park at River Walk. f. The following individuals spoke in opposition to renaming Stonecreek Park in honor of Jaswant Singh Khalra: Eric Gerow; Janie Guhr (submitted written material); and Ingrid Henderson. g. The following individuals spoke in support of the renaming of Stonecreek Park as Jaswant Singh Khalra Park: Kevyn Tinoco; Jen Bloomquist; Ana Cornejo; Balmeet Singh; Mondeep Chahal; Dr. Manbir Singh; Naindeep Singh; and Jagmeet Sandhu. Councilmember Freeman requested the Planning and Development Committee explore the development of a policy for the naming or renaming of City parks. 6. WORKSHOPS a. Bakersfield Police Department Body Worn Camera Pilot Project. Police Chief Martin made staff comments. Lieutenant Blakemore made additional staff comments and provided a PowerPoint presentation. Motion by Counctlmember Gonzales to APPROVED approve the pilot project. AB GOH, RIVERA, PARLIER 3001 Bakersfield, California, April 11, 2018-Page 4 6. WORKSHOPS continued ACTION TAKEN b. Downtown Bakersfield Parking Study. Management Assistant Carrier made staff comments and provided a PowerPoint presentation. Motion by Councilmember Gonzales to direct APPROVED staff to begin implementing short-term AS GOH, RIVERA, recommendations as identified in the PARLIER implementation plan and the transfer of$20,000 in project savings within the Capital Outlay Fund to facilitate the work. 7. APPOINTMENTS a. Two appointments (Wards 2 and 4) to the Planning Commission due to the term expiration of Daniel Cater and Barbara Lomas (terms expire April 30, 2018). Acting City Clerk Gerry announced applications were received from Daniel Cater, Barbara Lomas, and Marvin Dean. Vice-Mayor Smfth nominated Barbara Lomas as the Commissioner representing Ward 4. Councilmember Gonzales nominated Daniel Cater as the Commissioner representing Ward 2. Motion by Councilmember Weir to appoint APPROVED Daniel Cater and Barbara Lomas to the AS GOH, RIVERA, Planning Commission, terms expiring April 30, PARLIER 2022. b. Three appointments (at-large) to the Historic Preservation Commission due to the term expiration of Cathy Butler, Stephen Montgomery, and Susan Stussy (terms expired March 30, 2018). Acting City Clerk Gerry announced applications for appointment were received from Cathy Butler, Stephen Montgomery, and Susan Stussy. 3002 Bakersfield, California, April 11, 2018—Page 5 7. APPOINTMENTS continued ACTION TAKEN E ITEM 7.b.CONTINUED Motion by Councilmember Weir to appoint APPROVED Cathy Buffer, Stephen Montgomery, and Susan AB GOH, RIVERA, Stussy to the Historic Preservation Commission, PARLIER terms expiring March 30, 2021. S. CONSENT CALENDAR Minutes: a. Approval of minutes of the March 21, 2018, Regular City Council Meetings. Payments: b. Receive and file department payments from March 9, 2018, to March 29, 2018, in the amount of $31,871,406.33, Self Insurance payments from March 9, 2017, to March 29, 2018, in the amount of$513,007.21, totaling $32,384,413.54. Ordinances: C. First reading of ordinances amending various sections of the Bakersfield Municipal Code: 1. Amending Section 2.62.020 relating to FR Keep Bakersfield Beautiful. 2. Amending Section 8.58.050 relating to FR Tobacco Use Prevention. 3. Amending Section 17.06.050, Chapter FR 17.36, Sections 17.36.010, 17.36.020, 17.36.025, and 17.60.060 relating to Zoning. 4. Amending sections of the Bakersfield FR Municipal Code to reflect the name change from Community Development Department to Development Services Department. L 3003 Bakersfield, California, April 11, 2018-Page 6 S. CONSENT CALENDAR continued ACTION TAKEN d. First reading of an ordinance amending the FR Official Zoning Map in Title 17 of the Bakersfield RES 036-18 Municipal Code by changing the zone district from County A (Exclusive Agriculture) to City E (Estate) on 8.98 acres of a greater 16.28-acre site located generally north of Snow Road along the east side of Verdugo Lane, and adoption of a resolution imposing mitigation measures from a previously adopted Mitigated Negative Declaration by the Norris School District, as Lead Agency, for the development of a school on the 16.28-acre site applies to this project. )ZC 17-0072- Norris School District, the property owner) (Ward 3 upon annexation) e. Adoption of an ordinance repealing and ORD 4931 replacing Chapter 5.32 of the Bakersfield Municipal Code relating to the Massage Ordinance. (FR 03/21/18) ORD 4932 f. Adoption of an ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from an R-1 (One-Family Dwelling) zone to R-1- CH (Single-Family Dwelling Church) zone on 9.7 acres located at 8801 South H Street, also being the northwest corner of McKee Road and South H Street. (ZC # 17 -0161 -John Wilson, LLC, representing Greenfield Assembly of God/Liberty Christian Center) (FR 3/21/18) Resolutions: g. Resolution confirming approval by the City RES 037-18 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. 3004 Bakersfield, California, April 11, 2018- Page 7 8. CONSENT CALENDAR continued ACTION TAKEN h. Resolution approving the Fiscal Year 2018-19 RES 038-18 Capital Project List to be funded by Senate Bill 1, the Road Repair and Accountability Act, authorizing the inclusion of these projects in the Fiscal Year 2018-19 Capital Improvement Budget, and authorize the Public Works Director to submit said project list to the California Transportation Commission. I. 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 2-68 (1701 Stine Road) -Ward 6 RES 039-18 2. Area 3-108 (7724 & 7730 Buena Vista RES 040-18 Road) -Ward 5 j. Sewer connection and construction fee assessments for 7800 Hooper Avenue: 1 . Resolution confirming the assessment for RES 041-18 the sewer connection and construction fee and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Pamala Fay Angell to AGR 18-053 pay the sewer connection and construction fee through the Kern County Tax Collector. k. California Highway Patrol (CHP) Drug Recognition Evaluator (DRE) Training Grant: 1. Resolution to authorize the Bakersfield RES 042-18 Police Department to execute a grant agreement with the CHP and reimburse the cost of back filling shift positions while personnel participate in DRE training (up to $50,000). 2. Appropriate $50,000 in State grant funds to the General Fund Police Operating Budget. 3005 Bakersfield, California, April 11, 2018- Page 8 8. CONSENT CALENDAR continued ACTION TAKEN I. 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. 1963 adding Area 4-180 (2315 ROI 1963 Eye Street) -Ward 2 2. ROI No. 1964 adding Area 4-181 (2817 ROI 1964 16th Street) -Ward 2 3. ROI No. 1965 adding Area 5-94 (2728 S. ROI 1965 Chester Avenue) -Ward 1 Agreements: M. Agreement with Duane Morris LLP ($750,000) for AGR 18-054 legal services regarding water-related matters in Fiscal Year 2018-19. n. Agreement with the County of Kern, Public AGR 18-055 Health Department, for $425,024 in Fiscal Year 2017-18 U.S. Department of Housing and Urban Development Housing Opportunities for Persons with AIDS program funds. 0. Credit transfer agreement with the National Fish AGR 18-056 and Wildlife Foundation to acquire aquatic resource credits (not to exceed $52,900) for the 24th Street Improvement Project. P. Final map and improvement agreement with AGR 18-057 Woodside 06N, LP for Tract 7240, Phase 5 located south of Stockdole Ranch Drive. q. Final map, improvement agreement, and AGR 18-058 landscape improvement agreement with Norris AGR 18-059 Road, LLC., And WPG Tamarind, LLC., for Tract/Parcel Map 7248, Phase 2, located west of Buena Vista Road and south of White Lane. r. Final map and improvement agreement with AGR 18-060 Norris Road, LLC, and WPG Tamarind LLC, for Tract 7248, Phase 3located southwest of White Lane and Buena Vista Road. 3006 Bakersfield, California, April 11, 2018- Page 9 8. CONSENT CALENDAR continued ACTION TAKEN S. Final map and improvement agreement with AGR 18-061 Castle & Cooke California, Inc., for Tract 7256, Unit 3, located by Ming Avenue and South Allen Road. t. Final map and improvement agreement with AGR 18-062 Castle & Cooke California, Inc., for Tract 7256, Unit 4, located at Ming Avenue and South Allen Road. U. Final map and improvement agreement with AGR 18-063 Castle & Cooke California, Inc., for Tract 7299, Unit 2, located southeast of Ming Avenue and Highgate Park Boulevard. V. Final map and improvement agreement with AGR 18-064 Castle & Cooke California, Inc., for Tract Map 7300, Unit 2, located at Ming Avenue and South Allen Road. W. Improvement agreement with Commanahe AGR 18-065 LLC for Parcel Map 12229, Unit 1, located at Highway 178 and Comanche Drive. X. Kern Delta Water District agreements for the AGR 18-066 Centennial Corridor Project. AGR I8-067 y. Amendment No. 2 to Agreement No. 16-036 AGR 16-036(2) with Gilliam & Sons Inc. ($3,900,000 and extend term one year; revised not to exceed $7,857,300), for the continued service of earthmoving and hauling. Z. Amendment No. 3 to Agreement No. 14-026 AGR 14-026(3) with Overland, Pacific, and Cutler ($686,500; revised not to exceed $20,049,019.63) for additional right of way engineering services for the Westside Parkway Relinquishment as part of the Centennial Corridor Project (TRIP) aa. Amendment No. 1 to Agreement No. 17-028 AGR 17-028(1) with Zim Industries, Inc., dba Bakersfield Well and Pump Company ($400,000; revised not to exceed $750,000), for on-call maintenance and repair services to the City's agricultural and domestic water wells. 3007 Bakersfield, California, April 11, 2018— Page 10 a. CONSENT CALENDAR continued ACTION TAKEN ab. Amendment No. 3 to Agreement 15-069 with AGR 15-069(3) Dokken ($69,912; revised not to exceed $475,690.21) for design support services during construction of the Truxtun Avenue Operational Improvements Project. ac. Contract Change Order Nos. 9, 15, 18, and 19 AGR 17-044 to Agreement No. 17-044 with Security Paving CCO 9, CCO 15, Company ($20,464.44; revised not to exceed CCO 18, CCO 19 $41,243,293.10) for the Kern River Bridge Improvement Project. ad. Contract Change Order Nos. 52, 59, 68, 69, 75, AGR 14-241 77, 79, and 84 to Agreement No. 14-241 with CCO 52, CCO 59, Security Paving Company ($315,276.38; revised CCO 68, CCO 69, not to exceed $84,828,198.48) for the CCO 75, CCO 77, Beltway Operational Improvements Project. CCO 79. CCO 84 (TRIP) Property Acquisition Agreements - TRIP: ae. Accept the bid and approve the contract with AGR 18-068 Interior Demolition, Inc. ($52,000), for demolition of improvements at 800 Wible Road; Phase 25 for the Centennial Corridor Project. (TRIP) Bids: at. Reject bids for the purchase of sedans for the Bakersfield Police Department. ag. West Park Sound Wall Project: 1. Accept the bid and award the contract AGR 18-069 to Cal Prime, Inc. ($2,286,466), to construct said project. 2. Amendment No. 2 to Agreement No. 17- AGR 17-160(2) 160 with AECOM Technical Services, Inc. ($215,668; revised not to exceed $473,921), for construction management services. 3008 Bakersfield, California, April 11, 2018- Page 11 B. CONSENT CALENDAR continued ACTION TAKEN ah. Bridge deck improvements at various locations: 1 . Accept the bid and approve the AGR 18-070 contract with Truesdell Corporation of California ($887,924). 2. Appropriate $442,650 in federal Bridge Preventative Maintenance Program funds to the Public Works Department's Capital Improvement Budget within the SAFETEA-Lu Fund. 3. Appropriate $57,350 in Capital Outlay Fund balance to the Public Works Department's Capital Improvement Budget to fund the local match for Item 2. Miscellaneous: ai. Appropriate $69,760 in State grant funds to the Public Works Department's Capital ■ Improvement Budget within the Bikeway and Pedestrian Pathway Fund to fund the local match requirement for federally funded pedestrian countdown timers at various locations. Successor Agency Business: aj. Receive and file Successor Agency payments from March 9, 2018, to March 29, 2018, in the amount of$2,821,099.59. Motion by Councilmember Weir to adopt Consent APPROVED Calendar Items 8.a. through 8.aj. AB GOH, RIVERA, PARLIER 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public hearing to consider the resolution RES 043-18 ordering the summary vacation of the flowage and drainage easement located southeast of LStockdale Highway and Allen Road at 12225 Stockdale Highway that will be relocated in the future. 3009 Bakersfield, California, April 11, 2018- Page 12 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN b. Public hearing to consider General Plan Amendment/Zone Change No. 17-0363. McIntosh & Associates, representing Panama Lane Properties, LLC, the property owner, is proposing a General Plan Amendment, changing the land use designation from LR (Low Density Residential) to LMR (Low Medium Density Residential) on 24.33 acres, subject to conditions of approval, and a Zone Change from R-1-4.5 (One Family Dwelling -4,500 square foot minimum lot size) to R-2 (Limited Multiple Family Dwelling) on 24.33 acres, located at the southeast corner of Panama Lane and Reliance Drive. A proposed Mitigated Negative Declaration will also be considered. 1 . Adopt a resolution approving a RES 044-18 Mitigated Negative Declaration. 2. Adopt a resolution approving the RES 045-18 General Plan Amendment changing the land use designation from LR (Low ■■ Density Residential) to LMR (Low Medium ■ Density Residential) on 24.33 acres, 3 subject to conditions of approval. 3. First reading of an ordinance amending FR the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R-1-4.5 (One Family Dwelling- 4,500 square foot minimum lot size) to R-2 (Limited Multiple Family Dwelling) on 24.33 acres. J 3010 Bakersfield, California, April 11, 2018— Page 13 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN C. Public hearing to consider General Plan ABS SMITH Amendment/ Zone Change General Plan Amendment / Zone Change No. 17-0446. Hageman Land Partners, LLC, representing Cumberland Legacy Trust, the property owner, is proposing a General Plan Amendment, changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 26.56 acres, subject to conditions of approval, and a Zone Change from A (Agriculture) to R-1 (One Family Dwelling) on 26.56 acres located along the north side of Renfro Road, generally west of Santa Fe Way. A proposed Negative Declaration will also be considered. 1. Adopt a resolution approving a RES 046-18 Mitigated Negative Declaration. 2. Adopt a resolution approving the RES 047-18 General Plan Amendment changing the land use designation from RIA (Resource- Intensive Agriculture) to LR (Low Density Residential) on 26.56 acres, subject to conditions of approval. 3. First reading of an ordinance amending FR the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from A (Agriculture) to R-1 (One Family Dwelling) on 26.56 acres. Acting City Clerk Gerry announced a staff memorandum was received regarding item 9.b., transmitting staff's response to email correspondence received from David Ueberroth. Consent Calendar Public Hearing items 9.a. through 9.c. opened at 6:53 p.m. No one spoke. Consent Calendar Public Hearing items 9.a. through 9.c. closed at 6:54 p.m. 3011 Bakersfield, California, April 11, 2018— Page 14 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN Vice-Mayor Smith announced that he would abstain, due to a conflict of Interest, on item 9.c. J Motion by Councilmember Weir to adopt Consent APPROVED Calendar Hearing item 9.a. through 9.c. AB GOH, RIVERA PARLIER 10. HEARINGS a. Public hearing to consider the Fiscal Year 2018- 19 Annual Action Plan, including the Community Development Block Grant ($3,171,421), Home Investment Partnerships ($1,023,131), Housing Opportunities for Persons with HIV/AIDS ($438,168), and Emergency Solutions Grant ($292,879). (Staff recommends the submission of the Annual Action Plan,and authorizes the City Manager to execute all documents required to submit said document.) Community Development Director Kitchen made staff comments and provided a PowerPoint presentation. Hearing item 10.a. opened at 7:07 p.m. The following individuals spoke in opposition to the staff recommendation: James Golden; K.C. Hunter; Victoria Golden (submitted written material); and Gill Garcia. No one spoke in support of the staff recommendation. Hearing item 10.a. closed at 7:14 p.m. Motion by Councilmember Weir to approve APPROVED the staff recommendation. AB GOH, RIVERA, PARLIER 11. REPORTS None. 12. DEFERRED BUSINESS None. 3012 Bakersfield, California, April 11, 2018- Page 15 13. NEW BUSINESS ACTION TAKEN a. Non-binding letter of intent to purchase City AGR 18-071 property at the northeast corner of California Avenue and P Street. Community Development Director Kitchen made staff comments and provided a PowerPoint presentation. Jeremy Pemberton, Discovery Management Group LLC, made comments and provided a PowerPoint presentation. Motion by Councilmember Gonzales to APPROVED authorize Mayor Goh to sign a non-binding AB GOH, RIVERA, letter of intent to purchase. PARLIER 14. COUNCIL AND MAYOR STATEMENTS Councilmember Sullivan expressed enthusiasm for the proposed entertainment center at the corner of California Avenue and P Street. Vice-Mayor Smith expressed appreciation to staff for the downtown parking study and the proposed entertainment center. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 7:48 p.m. MAY R of the City of akersfield, CA A1TES CITY CLERK and &;Officio o Clerk of the Council of the City of Bakersfield 3013 Bakersfield, California , April 11 , 2018- Page 16 ****THIS PAGE INTENTIONALLY LEFT BLANK***-,