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HomeMy WebLinkAbout08/15/18 CC MINUTESSPECIAL MEETING - 4:00 PM 1. ROLL CALL BAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 15, 2018 Council Chambers, City Hall, 1501 Truxtun Avenue Special Meeting- 4:00 p.m. Regular Meeting- 5:15 p.m. Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir (seated at 4:04 p.m.), Freeman, Sullivan, Parlier Absent: None 2. PUBLIC STATEMENTS None. Mayor Goh suggested that New Business item 5.a. be heard before Closed Session. Motion by Vice -Mayor Smith to address New Business item 5.a. before Closed Session item 3.a. 5. NEW BUSINESS a. League of California Cities Annual Conference appointment of voting delegate(s) and City position on conference resolutions. Assistant City Manager Teglia made staff comments and recommended Council appoint a voting delegate and alternate; and recommended the Council adopt City staff's recommended positions on the League's proposed resolutions. Motion by Vice Mayor Smith to appoint Mayor Goh as the voting delegate, and Councilmember Parlier as the alternate delegate; and approve the staff recommendation on the resolutions proposed { by the League. ACTION TAKEN APPROVED 0;1.7.1017u, 3083 B11F.i^. Bakersfield, California, August 15, 2018 - Page 2 3. CLOSED SESSION ACTION TAKEN a. Conference with Legal Counsel — Existing Litigation; Closed session pursuant to J Government Code section 54956.9(d)(1) regarding City of Bakersfield v. JDS Hospitality Group, LLC, et al. KCSC Case No. BCV -18- 100816 Motion by Vice -Mayor Smith to adjourn to Closed APPROVED Session at 4:04 p.m. The Closed Session meeting was adjourned at 4:42 p.m. Meeting reconvened at 5:10 p.m. 4. CLOSED SESSION ACTION a. Conference with Legal Counsel — Existing CITY ATTORNEY WAS Litigation; Closed session pursuant to GIVEN DIRECTION Government Code section 54956.9(d)(1) regarding City of Bakersfield v. JDS Hospitality Group, LLC, at al. KCSC Case No. BCV -18- 100816 _ 5. NEW BUSINESS a. League of California Cities Annual Conference MOVED FORWARD appointment of voting delegate(s) and City ON THE AGENDA - position on conference resolutions. SEEPAGE 1 6. ADJOURNMENT Mayor Goh adjourned the 4:00 p.m. meeting at 5:11 P.M. REGULAR MEETING -5:16 P.M. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Freeman, Sullivan, Parlier Absent: None 111 2. INVOCATION by Pastor James Lair, Senior Pastor of Bakersfield First Assembly Church. t, M Bakersfield, California, August 15, 2018 — Page 3 ACTION TAKEN 3, PLEDGE OP ALLEGIANCE by Rebecca Strasser, Bakersfield Distinguished Young Women, Class of 2019 4. PRESENTATIONS a. Proclamation to Diane P. Martinez and Pryscyla Russell, declaring Childhood Cancer Awareness Month in Bakersfield during September 2018. Payments: b. Receive and file department payments from July 6, 2018, to August 2, 2018, in the amount of $39,658,663.01, Self Insurance payments from July 6, 2018, to August 2, 2018, in the amount of $1,625,313.12, totaling $41,283,976.13. Ordinances: C. First reading of an ordinance amending FR Sections 17.08.140 and 17.58.060, and Chapter 17.61 of the Bakersfield Municipal Code relating Lto landscaping. Ms. Martinez and Ms. Russell accepted the proclamation and made comments. 5. PUBLIC STATEMENTS a. Tina Gerber, Emmanuel Lutheran Church, thanked Councilmember Gonzales and the Fire Department for their support with the National Night Out event the church held on August 7t^. 6. WORKSHOPS None. 7. APPOINTMENTS None. 8. CONSENTCALENDAR Minutes: a. Approval of minutes of the July 18, 2018, Regular City Council Meeting. Payments: b. Receive and file department payments from July 6, 2018, to August 2, 2018, in the amount of $39,658,663.01, Self Insurance payments from July 6, 2018, to August 2, 2018, in the amount of $1,625,313.12, totaling $41,283,976.13. Ordinances: C. First reading of an ordinance amending FR Sections 17.08.140 and 17.58.060, and Chapter 17.61 of the Bakersfield Municipal Code relating Lto landscaping. 3086 3 Bakersfield, California, August 15, 2018 — Page 4 CONSENT CALENDAR continued ACTION TAKEN d. Adoption of ordinance amending the Official ORD 4940 Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R-2 (Limited Multiple Family Dwelling) to R- 2/PUD (Limited Multiple Family Dwelling/ Planned Unit Development) on 38.01 acres located generally north of McCutchen Road, 1,300 feet west of Ashe Road. (ZC No. 17- 0354, Moran Development representing Beech A/C Properties, LLCM e. Adoption of ordinance amending the Official ORD 4941 Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R-1 (One Family Dwelling) to R-2 Limited Multiple Family Dwelling) on 17.43 acres located at the northeast corner of Panama Lane and South Allen Road. (ZC No. 18-0032, McIntosh & Associates, representing Encanto Gardens, LLC) Adoption of ordinance amending the Official ORD 4942 Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district C-2/PCD Regional Commercial/Planned Commercial Development) to R-2 (Limited Multiple Family Dwelling) on 11.92 gross acres located at the northeast corner of the Buena Vista Road/Harris Road intersection. (ZC No. 18- 0050, RGF Properties LLC, representing Steven Antongiovanni) Resolutions: g. Resolution confirming approval by the City RES 110-18 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 authorizing collection of the assessments by the Kern County Tax Collector. h. Resolution to authorize transfer of a surplus RES 111-18 armored "Peacekeeper" personnel carrier to the San Benito County Sheriff's Office for zero dollars. j j j 3087 Bakersfield, California, August 15, 2018—Page 5 8. CONSENT CALENDAR continued ACTION TAKEN i. Resolution approving the submission of an RES 112-18 application to the U.S. Department of Transportation Federal Aviation Administration for funding of an improvement project at the Bakersfield Municipal Airport under Airport Improvement Program Project No. 3-06-0323- 021 and authorizing the City Manager or designee to execute all necessary documents. Resolution determining that replacing the Irwin RES 113-18 Seating Company® fixed arena seat replacement components cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed the budgeted amount of $47,000. Ice chiller upgrade at Rabobank Arena: 1. Resolution determining the ice chiller RES 114-18 upgrade at Rabobank Arena cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $1,001,500. Agreement with CIMCO Refrigeration, AGR 18-120 Inc., for the ice chiller upgrade at Rabobank Arena. System maintenance for the 18th and Eye Parking Facility: Resolution determining that warranty RES 115-18 services for the 18th and Eye Parking Facility cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, for a period of four years not to exceed $79,068. 2. Agreement with Sentry Control Systems, AGR 18-121 LLC ($79,068, to provide hardware and software warranty services for the 18th and Eye Parking Facility. Bakersfield, California, August 15, 2018 — Page 6 CONSENT CALENDAR continued ACTION TAKEN M. Amendment No. 1 to Resolution No. 051-16 RES 051-16(1) relating to the records retention schedule for J departments of the City of Bakersfield. n. Resolution of Intention No. 1978 to order the ROI 1978 vacation of the 33 foot by 264 -foot alley running east and west and bounded by 19th Street, R Street, 18th Street, and Q Street in Block 253. o. Resolution of Intention No. 1979 to add Area 8011979 5-97 (4609 and 4617 Kimber Avenue) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. Agreements: P. License agreement with County of Kern for the AGR 18-122 operation of the Bakersfield Police Department Law Enforcement Basic Academy at Kern County Regional Training Center. q. Agreement with Solenis, LLC (one year; not to AGR 18-123 exceed $132,000), to provide polymer for dissolved air flotation units at Wastewater Treatment Plant No. 3. r. Final map, improvement agreement, and AGR 18-124 landscape agreement with Summit Capital AGR 18-125 Ventures, Inc., and John Balfanz Homes, Inc., for Tract Map 6825, Phase 3, located at Berkshire Road and Old River Road. S. Final map and improvement agreement with AGR 18-126 Beech A/C Properties, LLC, for Parcel Map 12023, Phase 1, located at the northeast corner of McCutchen Road and Reliance Drive. t. Cooperative agreement with the State of REMOVED FOR California Department of Transportation to SEPARATE construct a roundabout at Enos Lane and CONSIDERATION Stockdole Highway, a part of the Centennial Corridor Project. 3089 Bakersfield, California, August 15, 2018 - Page 7 CONSENT CALENDAR continued ACTION TAKEN L8. U. Assignment of Bakersfield Municipal Airport long-term ground lease agreements with Karen Dole, Executor of the Estate of Gordon Thomas Dole assigning Hangar Spaces B1, B2, and B7 to Debra L. Banducci as Trustee of the Debra L. Banducci Living Trust dated April 25,2018: 1. Amendment No. 2 to Ground Lease AGR 06-358(2) Agreement No. 06-358 2. Amendment No. 2 to Ground Lease AGR 06-359(2) Agreement No. 06-359 3. Amendment No. 1 to Ground Lease AGR 09-086(1) Agreement No. 09-086 V. Amendment No. 3 to Agreement No. 16-035 AGR 16-035(3) with Ferguson Enterprises, Inc. (increase compensation $15,000; revised not to exceed $72,010.48), for the continued supply of fire hydrants. w. Amendment No. 2 to Agreement No. 16-164 AGR 16-164(2) with Centrisys Corporation ($100,000; revised not to exceed $300,000; extend term one year) to provide dewatering centrifuge repair and maintenance services for the Wastewater Division. X. Amendment No. 2 to Agreement No. 16-165 AGR 16-165(2) with Abacus IMT, Inc. ($60,000; revised not to exceed $180,000 and extend term one year), to provide internal combustion engine repair and maintenance for the Public Works Department, Wastewater Division. Y. Amendment No. 2 to Agreement 16-265 with AGR 16-265(2) Rotational Molding, Inc. ($555,000; revised not to exceed $1,409,400 and extend term one year), to continue the supply of refuse and recycling carts. Z. Amendment No. 2 to Agreement No. 16-181 AGR 16-181(2) with Western Refining Company, LP ($160,000; revised not to exceed $481,250 and extend the term one year), to continue the supply of CSS - 1 H asphaltic emulsion. 3090 J J J Bakersfield, California, August 15, 2018 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN aa. Amendment No. 1 to Agreement No. 17-110 AGR 17-110(1) with Sierra Construction & Excavation, Inc. ($1,000,000; revised not to exceed $2,000,000 and extend term one year), for the continued annual maintenance and repairs on the City's domestic water system. ab. Carbon media procurement for the 1,2,3- Trichloropropone (TCP) Mitigation Project; 1 . Amendment No. 1 to Agreement No. 17- AGR 17-177(1) 177 with Colgan Carbon Corporation ($462,760; not to exceed $1,404,236) to procure granular activated carbon media for the TCP Mitigation Project for 20 water treatment vessels. 2. Appropriate $462,760 in fund balance to the Water Resources Capital Improvement Program budget within the Domestic Enterprise Fund. ac. 1,2,3-Trichloropropane (TCP) Mitigation Project: 1. Amendment No. 1 to Agreement No. AGR 17-138(1) 17-138 with Bakersfield Well & Pump to provide additional pump maintenance and repair services for six additional well sites contaminated with TCP. 2. Appropriate $468,330 in fund balance to the Water Resources Capital Improvement Program budget within the Domestic Enterprise Fund. ad. Contract Change Order No. 4 to Agreement AGR 16-180 No. 16-180 with AC Electric ($13,590.01; revised CCO4 not to exceed $483,645.60) for the Traffic Signal, Lighting, Synchronization System Installation; Snow Road at Jewetta, Snow Road at Norris Road/Verdugo Lane Project. ae. Contract Change Order No's. 12, 22, and 27 to AGR 17-044 Agreement No. 17-044 with Security Paving CCO 12, CCO 22 Company ($26,415.34: revised not to exceed CCO27 $41,281,529.44) for the Kern River Bridge Improvement Project. J J J 3091 Bakersfield, California, August 15, 2018 - Page 9 �^ S. CONSENT CALENDAR continued ACTION TAKEN s of. Contract Change Order No. 10 to Agreement AGR 17-170 6 No. 17-170 with Granite Construction Company CCO 10 ($199,806; revised not to exceed $7,429,240.28) for the Truxtun Avenue Operational Improvements. ag. Beltway Operational Improvements Project: 1. Contract Change Order No's. 91, 93, 100, REMOVED FOR 102, 103, 104, 106, 107, 110, 111, and 115 SEPARATE to Agreement No. 14-241 with Security CONSIDERATION Paving Company ($797,842.10; revised not to exceed $86,625,583.34) for the Beltway Operational Improvements Project. 2. Transfer $797,842 budgeted in the Gas Tax fund within the Centennial Corridor Project to the Beltway Operational Improvements Project. Property Acquisition Agreements - TRIP: ah. Centennial Corridor Project: Settlement agreement with Fresno MSA AGR 18-128 Limited Partnership, doing business as Verizon Wireless and ATC Sequoia, LLC, for the purchase of property at 200 Real Road ($331,975). 2. Lease agreement with American Towers, AGR 18-129 LLC, for a cellular tower site. (TRIP) al. Accept the bid and approve the contract with AGR 18-130 Cal Prime, Inc. ($927,777), for sewer relocation and parking lot modifications at 31/33 Real Road for the Centennial Corridor Project. (TRIP) Bids: aj. Extend the bid from Kovatch Mobile Equipment ($598,090.16) for one replacement fire engine for the Fire Department. ak. Extend the bid from Golden State Peterbilt ($676,369.96) for two replacement four -axle front -loading refuse trucks for the Public Works Department, Solid Waste Division. 3092 J k Bakersfield, California, August 15, 2018 -Page 10 8. CONSENT CALENDAR continued ACTION TAKEN al. Extend the bid from Golden State Peterbilt ($429,756.74) for two replacement super dump trucks for use by the Water Resources and Public Works Departments. am. Extend the bid from Jim Burke Ford ($293,730.15) for three replacement cone setting delineator trucks for use by the Public Works Department. an. Accept the bid and approve the contract with REMOVED FOR Chrisp Company ($124,791.75) for the SEPARATE construction of Remove II -Bicycle Lane CONSIDERATION Improvements on Various Streets Projects. Co. Accept the bid and approve the contract to AGR 18-132 Jim Alfter Cement Contractor (not to exceed $1,408,976.50) for the annual contract for concrete construction. ap. Accept the bid from Heartland Video Systems, Inc. ($45,245.59), for the purchase of RossOO Video High Definition Upgrade components for the Rabobank Arena. aq. Accept bid from Hi Standard Automotive ($103,012.41) for the purchase of Code 38 light bars and accessories for Police vehicles. or. Accept the bid from Adamson Police Products ($76,164.34) for Seting Police vehicle equipment. as. Accept the bid and approve the annual AGR 18-133 contract to Kern Masonry Structures, Inc. ($200,000), for block wall repair. at. Accept the bid and approve the contract with AGR 18-134 MP Environmental ($61,860) for demolition of improvements at 7725 Wible Road and 7721 Wible Road. au. Purchase of a hydraulic tilt Three -axle trailers for the Public Works Department, Streets Division: 1. Accept the bid from Brocks Trailer, Inc. ($84,887.48(, for two replacement hydraulic tilt three -axle trailers. J k 3093 Bakersfield, California, August 15, 2018 — Page 11 8. CONSENT CALENDAR continued ACTION TAKEN ITEM 8.0o. CONTINUED 2. Appropriate $19,000 in Equipment Management Fund balance to the Public Works Department's Operating Budget to fund the purchase. ov. Belle Terrace Project (Project): 1. Accept the bid and award the contract AGR 18-135 to Granite Construction ($32,090,434.85) to construct the Project. 2. Amendment No. 5 to Agreement No. 14- AGR 14-288(5) 288 with Parsons Transportation Group ($480,630; revised not to exceed $35,078.998) for design support services during construction of the Project. ow. Jefferson Park Basketball Court Rehabilitation and Americans With Disabilities Act (ADA) Improvements Project: 1 . Accept the bid and approve the AGR 18-136 contract to Pacific Tennis Courts, Inc. ($378,414), to construct ADA improvements, rehabilitate existing basketball courts, and convert exist tennis courts into new basketball courts. 2. Appropriate $350,000 in grant funds from the California Youth Soccer and Recreation Development Program (California Natural Resources Agency) to the Recreation and Parks Capital Improvement within the Capital Outlay Fund. Miscellaneous: ax. Appropriate $98,763 in Grant Assistance Program funds from the California Department of Alcoholic Beverage Control to the General Fund Police Department operating budget. Successor Agency Business: ay. Receive and file Successor Agency payments from July 6, 2018, to August 2, 2018, in the amount of $1,029,164.26. 3094 Bakersfield, California, August 15, 2018 - Page 12 8. CONSENT CALENDAR continued ACTION TAKEN Assistant City Clerk Drimakis announced a staff memorandum was received regarding item 8.c., transmitting clerical changes to the landscape ordinance to improve clarity; and an additional staff memorandum was received regarding item 8.af., correcting the agreement number listed in the administrative report to state agreement number 17- 171, not agreement 17-170. Vice -Mayor Smith announced that he would abstain, due to a conflict of interest, on item 8.n. Councilmember Weir requested items 8.t., 8.ag., and 8.an. be removed for separate consideration. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar items 8.a. through 8.ay., with the removal of items 8.t., 8.ag., and 8.an. for separate consideration. t. Cooperative agreement with the State of AGR 18-127 California Department of Transportation to construct a roundabout at Enos Lane and Stockdale Highway, a part of the Centennial Corridor Project. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar Hem 81 NOES WEIR ag. Beltway Operational Improvements Project: 1. Contract Change Order No's. 91, 93, 100, AGR 14-241 102, 103, 104, 106, 107, 110, 1 1 1, and 115 CCO 91, CCO 93 to Agreement No. 14-241 with Security CCO 100, CCO 102 Paving Company ($797,842.10; revised CCO 103, CCO 104 not to exceed $86,625,583.34) for the CCO 106, CCO 107 Beltway Operational Improvements CCO 110, CCO 111 Project. CCO 115 2. Transfer $797,842 budgeted in the Gas Tax fund within the Centennial Corridor Project to the Beltway Operational Improvements Project. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar Hem 8.ag. NOES WEIR J 3095 Bakersfield, California, August 15, 2018 - Page 13 8. CONSENT CALENDAR continued ACTION TAKEN on. Accept the bid and approve the contract with AGR 18-131 Chrisp Company ($124,791.75) for the construction of Remove II -Bicycle Lane Improvements on various Streets Projects. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar item 8.t. ABS WEIR 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS a. Public hearing to consider a resolution ordering RES 116-18 the summary vacation of a 10 -foot wide public utility easement located at the northwest corner of Elkhorn Creek Lane and White Rapids Way. Public Works Director Fidler made staff comments. Hearing item 10.a. opened at 5:41 p.m. No one spoke. Hearing item 10.a. closed at 5:42 p.m. Motion by Vice -Mayor Smith to adopt the APPROVED resolution. b. Public hearing to consider a resolution RES 117-18 adopting fees pursuant to the cost recovery system, including certain park facility rentals, fire hydrant distribution and installation inspections, and the Blue Star Military Banner Program. Finance Director Smith made staff comments. Hearing item 10.b. opened at 5:43 p.m. No one spoke. Hearing item 10.b. closed at 5:44 p.m. 3096 Bakersfield, California, August 15, 2018 - Page 1, 10. HEARINGS continued ITEM 10.b. CONTINUED Motion by Vice -Mayor Smith to adopt the resolution. C. Public hearing on resolution of necessity to determine the public interest and necessity for acquisition of certain real property by eminent domain for the Centennial Corridor Project (Code of Civil Procedure § 1245.230) at 22645 Stockdale Highway, Bakersfield, CA 93314 (APN 160-010-07) (CPN 87759). Public Works Director Fidler made staff comments. Hearing item 10.c. opened at 5:46 p.m. No one spoke. Hearing item 10.c. closed at 5:46 p.m. Councilmember Freeman requested staff explore making the future roundabout on Stockdale Highway attractive since it's the western gateway into Bakersfield. Motion by Vice -Mayor Smith to adopt the resolution. 11. REPORTS None, 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Rivera requested staff prepare a resolution of support for the Water Supply and Water Quality Act of 2018. Councilmember Porlier thanked Police Chief Martin and staff for the National Night Out event at Rabobank Arena. ACTION TAKEN APPROVED RES 118-18 APPROVED 3097 Bakersfield, California, August 15, 2018 - Page 15 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Parlier requested staff contact Louis Gill, Executive Director of the Bakersfield Homeless Center, to discuss funding issues of the Homeless Collaborative. Councilmember Weir requested City Attorney staff provide a brief presentation at the next Council meeting explaining the applicable legal standards related to advocating for or against the local measures on the November ballot; and requested this item be placed on the agenda for potential action. Councilmember Weir requested staff to schedule a follow-up presentation of the Personnel Committee preferably before the last City Council meeting in September. Councilmember Sullivan made comments regarding the National Night Out event. Mayor Goh stated 24 students from sister city Wakayama, Japan visited last week and thanked those who helped make this cultural exchange possible. Mayor Goh spoke regarding the upcoming annual 9/11 memorial tribute. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 5:53 p.m. MAYOR of the City of Bakersfield, CA ATTEST: �y YA�L AJ�It�gnn CITY CL RK and Ex Officio Clerk of the Council of the City of Bakersfield 3098 Bakersfield, California, August 15, 2018- Page 16 *---THIS PAGE INTENTIONALLY LEFT BLANK***— P1 J J