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Home My WebLink About09/19/18 CC MINUTES3111 of B� KE BAKERSFIELD CITY COUNCIL MINUTES ,® MEETING OF SEPTEMBER 19, 2018 LIFO 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, Weir, Freeman (seated at 3:35 p.m.), Sullivan (seated at 3:35 p.m.), Porlier Absent: Councilmember Gonzales 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 following: 1. (Merits) Citizens Against the 24th Street Widening Project v. City of Bakersfield 5th District Court of Appeal No. F074693/CA Supreme Court Case No. 5250565 (Formerly Kern County Superior Court Case No. S -1500 -CV -281556, KCT, Consolidated with BCV -16-101556 NFT) 2. (Costs) Citizens Against the 24th Street Widening Project v. City of Bakersfield 5th District Court of Appeal No. F076352 (Formerly Kern County Superior Court Case No. S -1500 -CV -281556, KCT, LConsolidated with BCV -16-101556 NFT) 3112 Bakersfield, California, September 19, 2018 – Page 2 4. CLOSED SESSION continued ACTION TAKEN 3. (Crosswalk) United Citizens for Community Cohesion v. City of Bakersfield, et al., Kern County Superior Court Case No. BCV -17-102648, KCT 4. S. Rodriguez v. City of Bakersfield Kern County Superior Court Case No.: BCV - 18 -102648, DR Motion by Vice -Mayor Smith to adjourn to Closed APPROVED Session at 3:32 p.m. AB GONZALES The Closed Session meeting was adjourned at 4:44 p.m. Meeting reconvened at 5:02 p.m. S. CLOSED SESSION ACTION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding the following: 1. (Merits) Citizens Against the 24th Street NO REPORTABLE Widening Project v. City of Bakersfield ACTION 5Th District Court of Appeal No. F074693/CA Supreme Court Case No. 5250565 (Formerly Kern County Superior Court Case No. S -1500 -CV -281556, KCT, Consolidated with BCV -16-101556 NFT) 2. (Costs) Citizens Against the 24th Street NO REPORTABLE Widening Project v. City of Bakersfield ACTION 5th District Court of Appeal No. F076352 (Formerly Kern County Superior Court Case No. S -1500 -CV -281556, KCT, Consolidated with BCV -1 6-1 01 556 NFT) 3. (Crosswalk) United Citizens for NO REPORTABLE Community Cohesion v. City of ACTION Bakersfield, et al., Kern County Superior Court Case No. BCV -17-102648, KCT 4. S. Rodriguez v. City of Bakersfield Kern NO REPORTABLE County Superior Court Case No.: BCV- ACTION 18-102648, DRL 11 J 3113 Bakersfield, California, September 19, 2018 - Page 3 6. ADJOURNMENT ACTION TAKEN Mayor Gain adjourned the 3:30 p.m. meeting at 5:03 p.m. REGULAR MEETING -5:15 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Weir, Freeman, Sullivan, Parlier Absent: Councilmember Gonzales 2. INVOCATION by Pastor Joshua Kirstine, Disciples Church. 3. PLEDGE OF ALLEGIANCE by Dick Taylor, U.S. Marine Corp Veteran. 4. PRESENTATIONS a. Proclamation to Jennifer Henry, Executive Director of Links for Life, and Irma Cervantes, President of Links for Life, declaring Paint the Town Pink Month in Bakersfield during October 2018. Ms. Henry and Ms. Cervantes accepted the proclamation and made comments. b. Presentation by Brianna Carrier, Manager Assistant and Shayla Woods -Collins, Human Resources Analyst II to winners of the 2018 Excellence in Action Awards, the Extra Mile Award and S.T.A.R. Award in recognition of outstanding service to the City of Bakersfield. Excellence in Action Awards recipients: David Berkshire, Audio Visual Specialist; Chris Gerry, Assistant to the City Manager; Matthew Lewis, Network Systems Analyst; Kim Gearhart, Payroll Technician; William Williams, Fire Captain; Alysen Gelinas, Community Relations Specialist; Naomi Vidoles, Clerk Typist; Jim Milton, Traffic Signal Technician; Ezequiel Sanchez, Laborer; Miguel Chavez, Hydrographic Supervisor; Daniel Talavera, Maintenance Craftworker; Mitchell Smith, Network Systems Engineer (not present); and Daniel McClive, Detective (not present). 3114 Bakersfield, California, September 19, 2018 — Page 4 4. PRESENTATIONS continued ACTION TAKEN ITEM J.b. CONTINUED The recipient of the Shining Team Achievement Recognition (S.T.A.R.) Award was the City Clerk's Office: Raeann Coronado; Julie Drimakis; Chris Gerry; Danielle Mabon; Jennifer Obert; Lorraine Reza; Lisa Smith; and Alyssa Resendez knot present). The Extra Mile Award for 2018 was presented to The LED Street Light Conversion Team: David Berkshire; Sean Cacal; Jeff Grimes; Georgina Lorenzi )not present); Peter Martin; Stuart Patteson; Katie Reed; Tom Webster; and Olivia Diaz )not present). Mayor Goh recessed the meeting at 5:37 p.m. and reconvened the meeting at 5:39 p.m. 5. PUBLIC STATEMENTS None. 6. WORKSHOPS a. Annual California Wafer Service Company a update and rate case presentation. J Assistant City Manager Teglia made staff comments. Mike Mares and Kevin McCusker, California Wafer Service Company, made comments and provided a PowerPoint presentation. Motion by Vice -Mayor Smith to receive and file APPROVED the report. AB GONZALES 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 5, 2018, Regular City Council Meetings. j 3115 Bakersfield, California, September 19, 2018 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN Payments: b. Receive and file department payments from August 24, 2018, to September 6, 2018, in the amount of $20,608,971.80, Self -Insurance payments from August 24, 2018, to September 6, 2018, in the amount of $300,374.43, totaling $20,909,346.23. Ordinances: Resolutions C. Resolution adopting an amended conflict of RES 124-18 interest code. d. Resolution determining that parts required for RES 125-18 the two septage processing units located at Wastewater Treatment Plant No.3 cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $60,000. e. Resolutions of Intention (ROI) to add the following areas to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: 1. ROI No. 1980 adding Area 4-185 )2430 G ROI 1980 Street) - Ward 2 2. ROI No. 1981 adding Area 4-186 )1226 L ROI 1981 Street) - Ward 2 3. ROI No. 1982 adding Area 4-187 )101 Mt. ROI 1982 Vernon Avenue) - Ward 1 Agreements: f. Agreement with BC Laboratories, Inc.)$128,812), AGR 18-147 for laboratory services for the Wastewater Division. g. Term Sheet for the Infrastructure for Rebuilding REMOVED BY STAFF America )INFRA) Grant. h. Consultant agreement with NV5 )not to exceed $3,778,549.06) for construction management AGR 18-148 services for the Belle Terrace Operational Improvements Project. 3116 8. Bakersfield, California, September 19, 2018 — Page 6 CONSENT CALENDAR continued ACTION TAKEN I. Amendment No. 1 to Agreement No. 18-022 AGR 18-022(1) with Kutak Rock ($180,000) to provide outside J legal services in the matter of King and Prows v. City of Bakersfield. j. Amendment No. 2 to Agreement No. 17-007 AGR 17-007(2) with Target Specialty Products ($150,000, revised not to exceed $400,000 and extend the term one year), to continue the supply of chemical, insecticides, and herbicides. k. Amendment No. I to Utility Agreement No. AGR 18-113(1) 18-113 with Pacific Gas and Electric Company (PG&E) for the relocation of electric distribution facilities in conflict with the Bakersfield Freeway Connector Project. I. Amendment No. 11 to Agreement No. 08-179 AGR 08-179(11) with Superion LLC. for a new not to exceed value of ($2,079,686.99) to support the annual 5% increase in software maintenance costs. m. Recycling Amendments: 1 . Amendment No. 2 to Agreement No. 18- AGR 18-103(2) 103 with Metropolitan Recycling Corporation ($130,000; revised not to exceed $800,000) for the acceptance of commingled recyclables. 2. Amendment No. 1 to Agreement PW 18- AGR 18-149 100 with Bakersfield ARC ($40,000; revised not to exceed $250,000) for acceptance of commingled recyclables. 3. Appropriate $880,000 Refuse Enterprise Fund balance to the Public Works Department's Operating Budget. n. Contract Change Order No. 1 to Agreement AGR 18-069 No. 18-069 with Cal Prime, Inc. ($71,937.26; CCO 1 revised not to exceed $2,358,403.26), for the Westpark Sound Wall Project. J 3117 Bakersfield, California, September 19, 2018 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN o. Contract Change Order No. 1 to Agreement AGR 18-038 No. 18-038 with Insituform Technologies, LLC CCO 1 ($37,774; revised not to exceed $1,965,328) for construction of Sewer Rehabilitation In Campus Park Area (CIPP Liner) between Old River Road and Gosford Road Project. Property Acquisition Agreements - TRIP: p. Approval of settlement in Case No. BCV -16- 120383 in the amount of $3,631,110. West Beltway Project: Agreement with Bolthouse Land AGR 18-150 Company, LLC ($1,174,740), for the purchase of future right-of-way located south of Stockdale Highway and north of the Cross Valley Canal. 2. Lease agreement with Bolthouse Land AGR 18-151 Company, LLC. Bids r. Accept the bid and approve the contract with AGR 18-152 Gotham Poured Rubber Corporation ($92,280) for the replacement playground rubberized surfacing at various parks. S. Accept the bid from SHI International ($60,896.55) for JuniperOO Equipment for the City Manager's Office, Technology Services Division. t. Accept the bid from Boise Mobile Equipment ($375,370.26) for the purchase of two replacement fire patrol units for use by the Fire Department. U. Purchase of CNG powered derrick digger for the Public Works Department: 1 . Accept the bid from Altec Industries, Inc., Dixon, California ($281,155.65) for one additional derrick digger. 2. Appropriate $96,200 Equipment Management Fund balance to the Public Works Department's operating budget to fund the purchase. 3118 Bakersfield, California, September 19, 2018 — Page 8 8. CONSENT CALENDAR continued V. Purchase of asphalt patching truck for the Public Works Department, Streets Division: 1. Extend the bid from Gibbs Truck Center,Bakersfield ($221,900.70) for a diesel powered asphalt patching truck. 2. Appropriate $22,000 Equipment Fund balance to fund the purchase. W. Tevis Ranch Planned Drainage Area Storm Water Lift Station Project: I. Accept the bid and approve the contract to W.M. Lyles Co. ($869,510) for said project. 2. Appropriate $500,000 in Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement Budget. X. 24th Street Operational Improvements Project: 1. Accept the bid and award the contract with Griffith Company, ($28,186,564) to construct said project. 2. Construction management agreement with NV5, Inc. (not to exceed $2,988,883.74), for construction management services. 3. Amendment no. 4 to Agreement 14-069 with TYLin International (not to exceed $421,080), for support services during bidding and construction. y. Extend the bid for 34 replacement four door police special sedans: 1. Extend the bid from Jim Burke Ford, Bakersfield ($804,314.29) to replace 34 police special sedans for the Police Department. ACTION TAKEN AGR 18-153 AGR 18-154 AGR 18-155 AGR 14-069(4) J J 4 3119 Bakersfield, California, September 19, 2018 — Page 9 8. CONSENT CALENDAR continued ACTION TAKEN ITEM 8.y. CONTINUED 2. Appropriate $57,057 Equipment Fund balance to the Public Works Department's operating budget to fund the amount of purchase costs recovered through fleet rental rates for three unbudgeted vehicles. 3. Transfer and appropriate $28,943 in Self - Insurance Fund balance to the Public Works Department's Operating Budget within the Equipment Management Fund to fund the amount of purchase costs to be paid by the Self -Insurance Fund for the three unbudgeted vehicles. Miscellaneous: Successor Agency Business: Z. Sale of surplus real property ($160,000) at the AGR 18-156 southeast corner of California Avenue and Owens Street to MFT -Five Bakers Limited i Partnership. Assistant City Clerk Drimakis announced item 8.g. was removed from the agenda at the request of staff; and a staff memorandum was received regarding item 8.m., correcting the dollar amount increased for each contract. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar items 8.a. through 8.z, with the removal of AB GONZALES item 8.g. 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS a. Public hearing to consider a resolution ordering RES 126-18 the vacation of the 33 foot by 264 foot alley ABS SMITH running east and west and bounded by 19th Street, R Street, 18th Street, and Q Street on Block 253. (Continued from the 9/5/18 meeting.) Vice -Mayor Smith announced he will abstain from this item, due to a conflict of Interest, the proposed action affects a financial interest he has In an adjacent property. 3120 Bakersfield, California, September 19, 2018 - Page 10 10. HEARINGS continued ACTION TAKEN Mayor Goh stated this hearing item was opened and continued from the September 5th Council meeting. Public Works Director Fidler made staff comments. No one spoke. Hearing item 10.a. closed at 6:05 p.m. Motion by Councilmember Weir to adopt the APPROVED resolution. ABS SMITH All GONZALES 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Vice -Mayor Smith expressed his enthusiasm on the approval of the 24th Street Improvement project. Councilmember Fortier requested staff include information regarding the Bakersfield 9/11 Memorial site to visitors and include the event on our calendar of events, along with the adjacent museum that is in the Fire Department. Councilmember Parlier announced that the Sikh Riders of America will host its annual motorcycle ride on Saturday, October 13th, to support the Kern River Blue Star Moms, local law enforcement, Veteran's groups, MADD Bakersfield Chapter, and the American Legion Chapter 26. Mayor Ooh made comments regarding the recent loss of former Councilmember Vernon Strong, who served from 1973-1983; and read a certificate being presented to the family of Vernon Strong. J Bakersfield, California, September 19, 2018 — Page 11 15. ADJOURNMENT Mayor Goh adjourned the meeting In memory of Vernon Strong at 6:08 p.m. a MAYOR of the City of BUersfield, CA ATTEST: •'. ' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ACTION TAKEN 3121 3122 Bakersfield, California, September 19, 2018 — Page 12 ""THIS PAGE INTENTIONALLY LEFT BLANK."' j j