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HomeMy WebLinkAbout09/05/18 CC MINUTES3099 of ,ev Kg s BAKERSFIELD CITY COUNCIL MINUTES ,® MEETING OF SEPTEMBER 5, 2018 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings- 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:30 PM ACTION TAKEN 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales (seated at 3:32 p.m.(, Weir, Freeman, Sullivan (seated at 3:32 p.m.), 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 The Estate of Jason Alderman, et al. v. City of Bakersfield, et al. USDC Case No. 1:16- C V-00994-DAD-JLT b. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d) (2), (e) (1) (one matter). Motion by Vice -Mayor Smith to adjourn to Closed APPROVED Session at 3:31 p.m. The Closed Session meeting was adjourned at 4:56 p.m. Meeting reconvened at 5:03 p.m. 3100 Bakersfield, California, September 5, 2018 - Page 2 5. CLOSED SESSION ACTION ACTION TAKEN a. Conference with Legal Counsel — Existing STAFF WAS GIVEN Litigation; Closed Session pursuant to DIRECTION BYA Government Code section 54956.9(d)(1) UNANIMOUS regarding The Estate of Jason Alderman, et al. MOTION v. City of Bakersfield, of al. USDC Case No. 1: 16- 2. INVOCATION by Pastor Larry Black, Pastor of Dominion CV-00994-DAD-JLT Worship Center. b. Conference with Legal Counsel — Potential STAFF WAS GIVEN Litigation; Closed Session pursuant to DIRECTION BY A Government Code section 54956.9(d)(2),(e)(1) MAJORITY VOTE (one matter). a. Proclamation to Colleen McGauley, Executive 6. ADJOURNMENT Director of Court Appointed Special Advocates Mayor Goh adjourned the 3:30 p.m. meeting at for Children (CASA) of Kern County, recognizing 5:04 p.m. the 25th Anniversary of CASA in Bakersfield on REGULAR MEETING -5:15 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Freeman, Sullivan, Parlier Absent: None 2. INVOCATION by Pastor Larry Black, Pastor of Dominion Worship Center. 3. PLEDGE OF ALLEGIANCE by Celine Martinez Salgado and Edneishia Tucker, Seniors at West High School. 4. PRESENTATIONS a. Proclamation to Colleen McGauley, Executive Director of Court Appointed Special Advocates for Children (CASA) of Kern County, recognizing the 25th Anniversary of CASA in Bakersfield on September 22, 2018. Ms. McGauley accepted the proclamation and made comments. 3101 Bakersfield, California, September 5, 2018 — Page 3 4. PRESENTATIONS continued ACTION TAKEN b. Certificates of Recognition to Alysen Gelinas, Community Relations Specialist, and Carina Ortiz, Community Relations Supervisor, of the Bakersfield Police Department, recognizing the outstanding work of volunteers from the Bakersfield Police Department Explorers and Civilian Volunteer Programs during the Dennen Cleanup Project. Councilmember Parlier made comments. Ms. Ortiz accepted the certificates and made comments. C. Proclamation to KC the Bull and Kern County Fair Chief Executive Officer, Mike Olcott, declaring September 19 - 30, 2018, Kern County Fair Days. Mr. Olcott accepted the proclamation and made comments. 5. PUBLIC STATEMENTS La. Pedro Ramirez spoke in support of water conservation. b. Marvin Dean expressed concern regarding trash, debris, and burned buildings in Ward 1 and asked Councilmember Rivera for his help in addressing this issue; and submitted a photograph. C. Cathy Butler, Executive Director of the Downtown Bakersfield Development Corporation, announced Eye Street will be closed for two upcoming events: the Portrait of a Warrior Gallery grand opening on September 10th; and the 6th annual Taste of Downtown on September 13th; and submitted written material. d. Cindy Parra, Chair of Golden Empire Transit District Board, and Karen King, CEO of Golden Empire Transit District, announced it is G.E.T.'s 45th anniversary this year; provided an update on plans for the future; and submitted written material. 3102 Bakersfield, California, September 5, 2018 - Page 4 6. WORKSHOPS ACTION TAKEN a. City Recycling Program update. Public Works Director Fidler made staff comments. Solid Waste Director Barnes made staff comments and provided a PowerPoint presentation. Motion by Vice -Mayor Smith to receive and rile APPROVED the report. b. Advocacy rules regarding the local tax measure. City Attorney Gennaro made staff comments and provided a PowerPoint presentation. j Motion by Councilmember Weir to direct staff to APPROVED disseminate the information contained in the presentation and any other Information that would be appropriate, to all Management, Department Heads, and Supervisorial personnel, with questions to be directed to the J City Attorney's Office. Motion by Councilmember Weir that the City FAILED Manager's Office and the City Attorney's Office NOES RIVERA, be invited to participate in any and all GONZALES, SMITH, meetings, conferences, discussions, FREEMAN communications, or other activities regarding ABS PARLIER any Measure on the November 6th ballot of importance to the City. Motion by Councilmember Weir to direct the City Manager's Office and City Attorney's Office APPROVED to review the City website and any other City digital media, currently, and on as -needed basis, to ensure the City communications are consistent with the information that was presented this evening. j Bakersfield, California, September 5, 2018 - Page 5 6. WORKSHOPS ACTION TAKEN ITEM b.b. CONTINUED Councilmember Weir referred City staff to respond to the following questions regarding the tax measure: 1) why does the City needs another consultant and specifically why this consultant, 2) exactly what the consultant will be doing that City staff cannot do themselves: and 3) since the City is limited to presenting factual information and City staff possesses such information, why is a consultant needed to assist with the message. Motion by Vice -Mayor Smith to receive and file APPROVED the report. Mayor Gan recessed the meeting at 6:51 p.m. and reconvened the meeting at 7:00 p.m. 7. APPOINTMENTS None, 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the August 15, 2018, Special and Regular City Council Meetings. Payments: b. Receive and file department payments from August 3, 2018, to August 23, 2018, in the amount of $23,325,040.17, Self Insurance payments from August 3, 2018, to August 23, 2018, in the amount of $488,905.66, totaling $23,813,945.83. Ordinances: C. Adoption of ordinance amending Sections ORD 4943 17.08.140 and 17.58.060, and Chapter 17.61 of the Bakersfield Municipal Code relating to landscaping. (FR 08115118) A 3103 3104 Bakersfield, California, September 5, 2018 — Page 6 8. CONSENT CALENDAR continued ACTION TAKEN Resolutions: d. Resolution confirming approval by the City RES 119-18 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. e. Resolution determining that Sulfa Treat, an RES 120-18 absorbent media for removing hydrogen sulfide (H2S) from digester gas, cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof for a period of one year, not to exceed the budgeted amount of $200,000. f. Resolution in support of Proposition 3 (Water REMOVED FOR Supply and Water Quality Act of 2018). SEPARATE CONSIDERATION g. Resolution to authorize a memorandum of RES 122-18 agreement with the Kern Council of AGR 18-137 Governments to receive two changeable message signs under the Kern Motorist Aid Authority program at no cost to the City. h. Resolution to add Area 5-97 (4609 and 4619 RES 123-18 Kimber Avenue) to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report. i. Amendment No. 1 to Resolution No. 064-18 RES 064-18(1) setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units. Agreements: j. Agreement with AEG and Keith Barnes dba KB AGR 18-138 Concessions for the operation of concession stands at Valley Children's Ice Center of Bakersfield and the McMurtrey Aquatic Center. 01 j i 3105 Bakersfield, California, September 5, 2018 — Page 7 8. CONSENT CALENDAR continued ACTION TAKEN k. Final map and improvement agreement with AGR 18-139 Sierra Oaks, LLC, for Tract 7288 Phase 1 located south of White Lane and west of Buena Vista Road. I. Master license agreement with ExteNet Systems, AGR 18-140 LLC, for the installation of wireless communication equipment on City street lights. M. Utility agreement with Pacific Gas and Electric AGR 18-141 Company ($1,262,560) for the relocation of electric distribution facilities in conflict with the Centennial Corridor, Phase 4 Project (mainline). n. Amendment No.1 to Agreement No. 18-055 AGR 18-055(1) with the Kern County Department of Public Health ($30,192; revised not to exceed $455,216; and extend term to March 30, 2019) to provide services for the Housing Opportunities for People with AIDS Program. o. Contract Change Order No. 14 (final dose -out) AGR 15-260 ■i to Agreement No. 15-260 with Security Paving CCO 14 Company (-$189,173.18; revised not to exceed $6,306,461.85) for the State Route 99 at State Route 58 (Rosedale Highway) Off -Ramp Improvement Project. P. Contract Change Order No. 2 to Agreement AGR 17-044 No. 17-044 with Security Paving Company CCO2 ($333,675.45 revised not to exceed $41,615,204.89) for the Kern River Bridge Improvement Project. q. Contract Change Order Nos. 6 and 7 to AGR 17-206 Agreement No. 17-206 with Cal Prime, Inc. CCO 6, CCO 7 ($86,118.00; revised not to exceed $1,991,114.06), for the W estpork Street Improvements Project. r. Contract Change Order Nos. 12, 13, and 15 to AGR 17-171 Agreement No. 17-171 with Granite CCO 12, CCO 13 Construction Company ($359,012.01; revised CCo 15 not to exceed $7,798,114.04) for the Truxtun Avenue Operational Improvements. 3106 Bakersfield, California, September 5, 2018 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN Contract Change Order No. 2 to Agreement AGR 17-154 i No. 17-154 with Stockbridge General CCO 2 J Contracting, Inc. ($90,419.80; revised not to exceed $2,199,306.49), for the Bakersfield Sports Village Phase III Soccer Stadium Improvements Project. Property Acquisition Agreements - TRIP: Bids: Purchase of GPS survey equipment: Accept the bid from Engineering Supply Company, Inc. ($54,038.99), for the purchase of GPS survey equipment for the Public Works Department, Construction Division. Appropriate $55,000 in Equipment Management Fund balance to the Public Works Department's operating budget within the Equipment Management Fund. Sewer Lift Station at Hosking Avenue and Akers Road Project: Accept base bid and selective bid AGR 18-142 alternate No. 2 and approve contract with SW Construction ($345,973.50) for construction of said project. 2. Transfer $316,000 from the "Sewer Lift and Storm Pump Station - Various" Capital Improvement Project to the Sewer Lift Station at Hosking Avenue and Akers Road Capital Improvement Project within the Sewer Enterprise Fund (Wastewater Treatment Plant No. 3). J PJ 3107 Bakersfield, California, September 5, 2018 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN V. Wastewater Treatment Plant No. 3 Primary Clarifiers 6 and 8 Rehabilitation Project: Accept base bid plus selective bid AGR 18-143 alternate no. 2 and approve contract with GSE Construction Company, Inc. ($1,074,700.00) for said project. 2. Appropriate $320,000 in Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Work Department's Capital Improvement Program budget for said project. W. Water Resource Office Building Expansion: Accept the bid and award the contract AGR 18-144 to Klassen Corporation (not to exceed $1,267,961). 2. Appropriate $800,000 in fund balance to the Water Resources Capital Improvement Program Budget within the Agriculture Enterprise Fund ($400,000) and the Domestic Enterprise Fund ($400,000). Miscellaneous: Appropriate $15,000 in California Fire AGR 18-145 Foundation grant revenue to the Fire Department operating budget within the General Fund for the purchase of wildland protective gear. Y. Revised Fiscal Year 2018-19 U.S. Department of Housing and Urban Development Annual Action Plan: 1. Appropriate $224,817 in Federal Block Grant funds to the Development Services Department operating budget within the Community Development Block Grant L Fund. 3108 8. 9. Bakersfield, California, September 5, 2018 — Page 10 CONSENT CALENDAR continued ACTION TAKEN ITEM 8.y. CONTINUED 2. Appropriate $307,978 in Federal Block Grant funds to the Public Works Department Capital Improvement Program budget within the Community Development Block Grant Fund. 3. Appropriate $501,258 in Federal Block Grant funds to the Development Services Department Operating budget within the HOME Investment Partnerships Program Fund. Agreement with Flood Bakersfield AGR 18-146 Ministries for $71,072 in Community Development Block Grant Funds (CDBG) to perform homeless outreach services throughout Bakersfield. Successor Agency Business: Assistant City Clerk Drimakis announced a staff memorandum was received regarding item 8.f., providing additional background material related to the resolution; an additional staff memorandum was received regarding item 8.f., transmitting correspondence from Dennis Fox; and item 8.s. was removed from the agenda at the request of staff. Councilmember Freeman requested item 8.f. be removed for separate consideration. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar items 8.a. through 8.y., with the removal of items 8.s., and the removal of item 81 for separate consideration. f. Resolution in support of Proposition 3 (Water Supply and Water Quality Act of 2018). Motion by Councilmember Rivera to adopt APPROVED Consent Calendar item 81 NOES WEIR, FREEMAN, SULLIVAN CONSENT CALENDAR PUBLIC HEARINGS None. j i i 3109 Bakersfield, California, September 5, 2018 - Page 11 10. HEARINGS ACTION TAKEN a. Public Hearing to consider a resolution ordering CONTINUED TO THE the vacation of the 33'x 264' alley running east SEPTEMBER 19M and west and bounded by 19th Street, R Street, MEETING 18th Street, and Q Street in Block 253. Vice -Mayor Smith announced that he would abstain, due to a conflict of Interest, on item 10.a., and left the chambers. Public Works Director Fidler made staff comments. Hearing item 10.o. opened at 7:11 p.m. No one spoke. Mayor Goh announced Hearing item 10.a. will be continued to the September 19th meeting. Vice -Mayor Smith returned to the meeting at this time. 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Vice -Mayor Smith requested the Planning and Development Committee discuss accessory dwelling units at an upcoming meeting. Councilmember Freeman requested staff explore how comparable cities in Ca1PERS are meeting the challenge of providing services and N they are providing any creative solutions to meet these challenges. Councilmember Gonzales requested staff review the possibility of amending the municipal code to prevent pedestrians from occupying and loitering in public medians. 3110 Bakersfield, California, September 5, 2018 - Page 12 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Mayor Goh thanked staff for their effort with the recent clean-up of 35 encampments along the river. Mayor Goh thanked Police Chief Martin, staff, and residents for their participation in a community meeting held at Compassion Christian Church. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 7:16 p.m. MAYOR of the City of Bakersfield, CA ATTEST: a� CITY CLERK anW Ex Officio Clerk of the Council of the City of Bakersfield k 11 PJ