HomeMy WebLinkAbout09/05/18 CC MINUTES3099
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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.
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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.
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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.
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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.
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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.
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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)
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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.
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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.
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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).
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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.
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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.
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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.
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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
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