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HomeMy WebLinkAbout06/20/18 CC MINUTESI BA �. BAKERSFIELD CITY COUNCIL o MINUTES °® MEETING OF JUNE 20, 2018 /FO Council Chambers, City Hall, 1501 Truxtun Avenue Special Meeting- 4:30 p.m. Regular Meeting- 5:15 p.m. REGULAR MEETING - 4:30 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Can, Vice -Mayor Smith, Councilmembers Rivera )seated at 4:31 p.m.), Gonzales, Weir, Freeman, Sullivan, Parlier Absent: None 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 Arturo Gonzalez v. City of Bakersfield, et al., USDC Case No. 1:16- CV-00107-JLT Motion by Vice -Mayor Smith to adjourn to Closed APPROVED Session at 4:31 p.m. The Closed Session meeting was adjourned at 4:53 p.m. Meeting reconvened at 4:54 p.m. 5. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing CITY ATTORNEY Litigation; Closed Session pursuant to WAS GIVEN Government Code Section 54956.9(d) (1) DIRECTION regarding Arturo Gonzalez v. City of Bakersfield, et al., USDC Case No. 1:16- CV-00107-JLT. 3056 3057 Bakersfield, California, June 20, 2018 - Page 2 6. ADJOURNMENT ACTION TAKEN Mayor Goh adjourned the 3:30 p.m. meeting at 4:54 p.m. REGULAR MEETING -5:15 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Freeman, Sullivan, Parlier Absent: None Mayor Goh called for a moment of silence in memory of former Mayor Mary K. Shell who recently passed away. 2. INVOCATION by Pastor Mike Ostheimer, Calvary Chapel Bakersfield. 3. PLEDGE OF ALLEGIANCE by Gabrielle Hure, a graduate from Centennial High School. 4. PRESENTATIONS a. Certificates of Appreciation to the sponsors of the Fourth of July Celebration at The Park at River Walk: Adventist Health, California Water Company, Robobank NA, Robert and Kari Grimm Family Foundation and PG&E. Mayor Goh presented the sponsors with certificates of appreciation and made comments. b. Certificate of Recognition to Jose Valenzuela of J's Garden Works, LLC, on behalf of Debbie Osborne, owner of the Riverlakes home awarded Yard of the Season, Spring 2018. Mr. Valenzuela accepted the certificate and made comments. J Bakersfield, California, June 20, 2018 - Page 3 4. PRESENTATIONS continued C. Proclamation to Dianne Hoover. Recreation and Parks Director, declaring Recreation and Parks Month in Bakersfield during July 2018. Recreation and Parks Director Hoover accepted the proclamation and made staff comments. 5. PUBLIC STATEMENTS a. Frank Sanchez Jr. expressed concern with crime and drugs in the community; and submitted written material. b. Curtis Bingham Sr. expressed appreciation to the Mayor and staff for their work in the community. C. Marvin Dean commented on the loss of former Mayors Harvey L. Hall and Mary K. Shell; and expressed concern with the lack of diversity of contractors included on City projects. d. David Abbas! spoke regarding the Medical Cannabis Initiative and submitted written material. 6. WORKSHOPS None. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the June 4, 2018, Department Budget Workshop and the June 6, 2018, Regular City Council Meeting. Payments: b. Receive and file department payments from May 25, 2018, to June 7, 2018, in the amount of $14,562,152.33, Self Insurance payments from May 25, 2018, to June 7, 2018, in the amount of $372,510.65, totaling $14,934,662.98. ACTION TAKEN 3058 3059 Bakersfield, California, June 20, 2018 — Page 4 8. CONSENT CALENDAR continued ACTION TAKEN Ordinances: Resolutions: C. Medical Cannabis Initiative: RES 081-18 1 . Ordering Submission of the Medical Cannabis Initiative; 2. Directing the City Attorney to write an Impartial Analysis; and 3. Approving the filing of an argument against the Initiative by the Bakersfield Residents Against Pot Shops and Councilmember Jacquie Sullivan as a co-signer. d. Resolution authorizing the Bakersfield Police RES 082-18 Department to accept funding ($98,763) through the Grant Assistance Program of the California Department of Alcoholic Beverage Control. e. Resolution committing $1,500,000 in HOME RES 083-18 Investment Partnerships Program funds to Tegeler SRO, LP, to acquire and rehabilitate the Tegeler Hotel located at 1908 H Street. f. Rehabilitation of the Aqua Disk cloth media filter located at Wastewater Treatment Plant No. 3: 1 . Resolution determining that parts RES 084-18 required for the cloth media filter cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $60,000. 2. Agreement with Aqua -Aerobic Systems, AGR 18-094 Inc., to provide required parts and services for cloth media rehabilitation. g. Sewer connection fee assessment for 6314 Dennen Street: 1 . Resolution confirming assessment for RES 085-18 sewer connection fee and authorizing the collection of assessment by the J Kern County Tax Collector. Bakersfield, California, June 20, 2018 — Page 5 8. CONSENT CALENDAR continued ITEM 8.g. CONTINUED 2. Agreement with Marilyn M. Davis to pay the sewer connection fee through the Kern County Tax Collector. In. Sewer connection fee assessment for 13101 King Palm Court: 1 . Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Donald Jay Schimnowski and Carolyn Sue Schimnowski, Co -Trustees of the Donald Jay Schimnowski and Carolyn Sue Schimnowski Living Trust dated July 15, 2003, to pay the sewer connection fee through the Kern County Tax Collector. Agreements: I. Annual renewal of agreements with Clifford & ■ : Brown for legal services regarding general i miscellaneous issues (not to exceed $75,000) and general personnel issues (not to exceed $75,000). j. Agreement with Allied Universal (not to exceed $91,204) for site security services at the 18th and Eye Street Parking Garage. k. Agreement with BSK Associates Engineering & Laboratories (not to exceed $108,120) for groundwater monitoring and reporting for the Public Works Department, Wastewater Division. I. Real Estate Fraud Grant: 1. Agreement with the County of Kern to receive a Real Estate Fraud Prosecution Trust Fund grant ($150,000) to provide funding to investigate and prosecute real estate fraud crimes. 2. Appropriate $150,000 in County grant funds to the General Fund Police operating budget. 3060 ACTION TAKEN AGR 18-095 RES 086-18 AGR 18-096 AGR 18-097 AGR 18-098 AGR 18-099 GCe7tiF3DDJ AGR 18-101 3061 Bakersfield, California, June 20, 2018 —Page 6 8. CONSENT CALENDAR continued ACTION TAKEN M. Amendment No. 2 to Agreement No. 15-264 AGR 15-264(2) with Nossamon LLP ($200,000; revised not to exceed $700,000) to provide outside legal services for the Centennial Corridor Project. n. Amendment No. 3 to Agreement No. 15-242 AGR 15-242(3) with Wilsons Industrial Pump, Inc. ($140;000; revised not to exceed $440,000 and extend term one year), for providing on-call equipment maintenance services for the Public Works Department, Wastewater Division. o. Amendment No. 1 to Agreement No. 16-115 AGR 16-115(1) with Quad Knopf, Inc. (no change in compensation and extend term one year), for on-call environmental services for non - federally funded capital improvement projects. P. Amendment No. 1 to Agreement No. 17-164 AGR 17-164(1) with SC Communications ($39,998.28; revised not to exceed $97,810.92) for continued portable public safety radio extended manufacturer warranty repair. q. Amendment No.I to Agreement RA99-1 with AGR 18-102 Golden Empire Affordable Housing Inc., to J restructure the original loan agreement and note and prepare a new Deed of Trust for the Park Place Senior Apartments located at 2250 R Street. r. Amendment No. 5 to Agreement No. 15-185 AGR 15-185(5) with Kern Sprinkler Landscaping, Inc. ($300,000; revised not to exceed $2,340,000 and extend the term one year), for the continued supply of on-call irrigation and landscape service. S. Amendment No. 1 to Agreement PW18-057 with AGR 18-103 Metropolitan Recycling Corporation ($90,000; revised not to exceed $130,000) for the acceptance of commingled recyclables. t. Amendments to various consultant agreements for additional on-call engineering services for the Capital Improvement Program: 1. Amendment No. 4 to Agreement No. 13- AGR 13-099(4) 099 with Meyer Civil Engineering, Inc. (no change in compensation and extend term six months). 3062 Bakersfield, California, June 20, 2018 — Page 7 8. CONSENT CALENDAR continued ACTION TAKEN ITEM U, CONTINUED 2. Amendment No. 4 to Agreement No. 13- AGR 13-100(4) 100 with Quad Knopf, Inc. (no change in compensation and extend term six months). 3. Amendment No. 4 to Agreement No. 13- AGR 13-101(4) 101 with Ruettgers & Schuler Civil Engineers (no change in compensation and extend term six months). U. Contract Change Order Nos. 3 through 7 to AGR 17-171 Agreement No. 17-170 with Granite CCO 3, CCO 4, Construction Company ($253,852.02; CCO 5, CCO 6, CCO 7 revised not to exceed $7,212,069.05) for the Truxtun Avenue Operational Improvements. V. Contract Change Order No. 1 to Agreement AGR 17-051 No. 17-051 with Pyramid Building and CCO 1 Engineering, Inc. ($128,631.53; revised not to exceed $1,403,031.53, for the Alfred Harrell No. 3 Sewer Lift Station Rehabilitation and Brandon Park Sewer Lift Station Rehabilitation Project. Property Acquisition Agreements - TRIP: W. Accept the bid and approve the contract with AGR 18-104 Interior Demolition, Inc. (not to exceed $42,650), for the demolition of improvements at 3317 Laverne Avenue; Phase 26 for the Centennial Corridor Project. Bids: X. Accept the bid and approve the contract with AGR 18-105 Commercial Cleaning Systems (not to exceed $69,580) for janitorial maintenance for City Hall North. Y. Accept the bid and approve the contract to AGR 18-106 Safeway Sign Company (not to exceed $149,649.49) for the annual contract to supply traffic signs. z. Accept the bid and approve the contract to AGR 18-107 Bowman Asphalt, Inc. knot to exceed $6,000,000), for the annual contract for the supply of street materials. 3063 Bakersfield, California, June 20, 2018 — Page 8 8. CONSENT CALENDAR continued ACTION TAKEN aa. Purchase of asphalt patching truck for the Public Works Department, Streets Division: 1. Accept bid from Gibbs Truck Center, Bakersfield ($221,900.70), for a diesel - powered asphalt patching truck. 2. Appropriate $26,900 in Equipment Fund balance to fund said purchase. ab. Purchase of rotary mixer for the Public Works Department, Streets Division: I. Accept bid from Quinn Company, Bakersfield ($714,092.45), for a diesel powered rotary mixer. 2. Appropriate $714,100 in Equipment Management Fund balance to the Public Works Deportment operating budget to fund said purchase. Miscellaneous: ac. Appropriate other agency share revenues ($70,800) from the Board of State and Community Corrections Trust Account to the Police Department operating budget within the General Fund. ad. Appropriate $1,093,492 in federal grant funds from the USDA Forest Service and the USDI Bureau of Land Management and $877,752 in state grant funds from the California Office of Emergency Services to the Fire Department operating budget within the General Fund for reimbursement of personnel and equipment costs on statewide master mutual aid assignments. ae. Authorize the Finance Director to write off accounts receivable in various funds totaling $89,609.75 and forward non -bankrupt accounts to a collection agency for additional collection efforts. Successor Agency Business: None. 3064 Bakersfield, California, June 20, 2018 — Page 9 a. CONSENT CALENDAR continued ACTION TAKEN Assistant City Clerk Drimakis announced a staff memorandum was received regarding item 8.c., transmitting an exhibit for the medical cannabis initiative resolution; and an additional staff memorandum was received regarding item 8.u., correcting a typographical error on the administrative report. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar items 8.a. through 8.ae. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS a. Revised Annual Action Plan: Budget and Finance Committee Report regarding the submission of the Fiscal Year 2018-19 Annual Action Plan, including the Community Development Block Grant ($3,645,234), HOME Investment Partnerships ($1,524,389), Housing Opportunities for Persons with AIDS ($496,350), and Emergency Solutions Grant ($293,680) programs. Amendment No. 3 to Resolution 152-01 RES 152-01(3) establishing Council Policy for evaluating requests for financial assistance from nonprofit groups. (Staff recommends acceptance of the report, and authorization to the City Manager to execute all documents required to submit the Annual Action Plan.) Development Services Director Kitchen made staff comments and provided a PowerPoint presentation. Hearing item 10.a. opened at 5:55 p.m. No one spoke in opposition to the staff recommendation. Marvin Dean spoke in support of the staff recommendation. Hearing item 10.a. closed at 5:57 p.m. 3065 Bakersfield, California, June 20, 2018 -Page 10 10. HEARINGS continued ACTION TAKEN ITEM 10.a. CONTINUED Motion by Vice -Mayor Smith to approve the APPROVED ] staff recommendation. 11. REPORTS None. 12. DEFERRED BUSINESS a. Fiscal Year 2018-19 Budget: 1 . Resolution Approving and Adopting the RES 087-18 Operating and Capital Improvement Budgets for the City of Bakersfield, CA for the Fiscal Year 2018-19. 2. Resolution Establishing the City of RES 088-18 Bakersfield Appropriations Limit for Fiscal Year 2018-19. (Staff recommends adoption or the resolution approving the FY 2018-19 operating and capital budget with adjustments as outitned.) Assistant City Manager Huot made staff comments. Motion by Vice -Mayor Smith to approve the APPROVED staff recommendation. b. Placement of a Local One Cent Sales Tax RES 089-18 (Transactions and Use) Public Safety and Vital City Services Measure on the November 6, 2018 General Election Ballot for Voter Consideration. (Based on extensive community feedback and discussion, there is significant evidence to suggest the voters of the City of Bakersfield should be given the opportunity to decide whether to adopt a reliable, locally -controlled funding stream within the City to maintain and enhance public safety services, address the fiscal stability of the City and to address quality of Iffe Issues such as homelessness. Therefore, staff recommends the City Council: 1. Approve a resolution calling for the placement of a general tax measure on the ballot of the November 6, 2018 general election to adopt a sales fax (transactions and use fax): and 3066 Bakersfield, California, June 20, 2018 - Page 11 12. DEFERRED BUSINESS continued ACTION TAKEN 11M 12.b, CONTINUED 2. Conduct first reading of an ordinance enacting a transactions and use tax to be administered by the California Department Of Tax and Fee Administration: and 3. Order submittal of the ordinance to the voters at the general election: and 4. Direct the City Attorney to prepare an impartial analysis, and 5. Approve the filing of arguments for or against the measure by any combination of up to 5 City Councilmembers and the Greater Bakersfield Chamber of Commerce.) Assistant City Clerk Drimakis announced a memorandum was received identifying the number of retired City employees grouped by age range over the last 10 years. City Manager Tandy and Assistant City Manager Huot made staff comments and provided a PowerPoint presentation. Mayor Goh announced this Item will be conducted as a public hearing to allow public statements. Mickey Collins spoke in opposition to the staff recommendation. The following individuals spoke in support of the staff recommendation: Anthony Galagaza, Bakersfield Professional Firefighters; Troy Hightower; Mike Turnipseed, Kern County Taxpayers Association (submitted written material); Nick Ortiz, Greater Bakersfield Chamber of Commerce; Derek Sproque, Bakersfield Association of Realtors; Louis Gill, Bakersfield Homeless Center; and Marvin Dean, Mayor Goh recessed the meeting at 6:30 p.m. and reconvened the meeting at 6:36 p.m. Motion by Vice -Mayor Smith to approve the APPROVED staff recommendation, to file a written NOES WEIR argument in support of the measure and to authorize Vice -Mayor Smith to co-author the supporting argument with the Greater Bakersfield Chamber of Commerce on behaff of the Council. 3067 Bakersfield, California, June 20, 2018 - Page 12 12. DEFERRED BUSINESS continued ACTION TAKEN ITEM 12.b. CONTINUED Motion by Councilmember Weir to authorize APPROVED Councilmember Weir to write the opposition argument for the measure. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS None. 15. ADJOURNMENT Mayor Goh adjourned the meeting in honor of former Mayor Mary K. Shell at 7:14 p.m. /44.0407 'ok / MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK onAx Officio Clerk of the Council of the City of Bakersfield q