HomeMy WebLinkAbout06/20/18 CC MINUTESI
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BAKERSFIELD CITY COUNCIL
o MINUTES
°® MEETING OF JUNE 20, 2018
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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.
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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
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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
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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).
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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.
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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.
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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.
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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
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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
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