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Home My WebLink About02/06/19 CC MINUTES0 0 HA BAKERSFIELD CITY COUNCIL MINUTES ® MEETING OF FEBRUARY 6, 2019 <� o Council Chambers, City Hall, 1501 Truxtun Avenue Special Meeting- 4:00 p.m. Regular Meeting -5:15 p.m. SPECIAL MEETING - 4:00 PM ROLL CALL Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera, Gonzales, Weir (seated at 4:17 p.m.), Smith, Freeman, Sullivan (seated at 4:21 p.m.) Absent: None. 2. PUBLIC STATEMENTS None. 3. CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) regarding Brandi Lee v. City of Bakersfield; David Brantley, et al, Kern County Superior Court Case No. BCV -17 -101201 -TSC Motion by Vice -Mayor Parker to adjourn to Closed Session at 4:07 p.m. Motion passed with Councilmembers Weir and Sullivan absent. Motion passed. The Closed Session meeting was adjourned at 4:32 p.m. Meeting reconvened at 5:08 p.m. 4. CLOSED SESSION ACTION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding Brandi Lee v. City of Bakersfield; David Brantley, et al, Kern County Superior Court Case No. BCV -1 7-101201 -TSC By a unanimous vote, the City Attorney was given direction. 5. ADJOURNMENT Mayor Goh adjourned the 4:00 p.m. meeting at 5:09 p.m. 3205 3206 Bakersfield, California, February 6, 2019— Page 2 REGULAR MEETING- 5:15 P.M. 7 1. ROLL CALL J Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera, Gonzales, Weir, Smith, Freeman, Sullivan Absent: None 2. INVOCATION by Pastor Dennis Hilken, Pastor of St. John Lutheran Church. 3. PLEDGE OF ALLEGIANCE by Nick Oosthuizen, Senior at Bakersfield High School. 4. PRESENTATIONS a. Proclamation to the Safely Surrendered Baby Coalition declaring Safe Surrender Baby Awareness Month in Bakersfield during February 2019. Ms. Carter-Escudero accepted the proclamation, made comments, and submitted written material. 5. PUBLIC STATEMENTS a. Melanie Farmer, Downtown Business Association and Downtown Development Corporation, invited the Mayor and Council to attend the State of the Downtown Breakfast on February 14'^, at the Marriott Hotel. b. James Francisco spoke regarding community service and expressed concern with threats he has received from other church organizations. Vice -Mayor Parlier requested staff reach out to Mr. Francisco regarding his concerns. C. Michael Turnipseed, Kern County Taxpayers Association, and Nick Ortiz, Greater Bakersfield Chamber of Commerce, spoke regarding their recommendations for appointment to the Bakersfield Public Safety/Vital City Services Measure Citizens Oversight Committee. 6. WORKSHOPS None. j 3207 Bakersfield, California, February 6, 2019- Page 3 7. APPOINTMENTS a. Appointment of nine Regular Committee Members to the Bakersfield Public Safety/Vital City Services Measure Citizens Oversight Committee. (Staff recommends Council determination.) City Clerk Drimakis announced a staff memorandum was received transmitting correspondence regarding this item. City Clerk Drimakis announced applications for appointment were received from eighty-seven (87) individuals, however, five candidates indicated they reside in the County and are ineligible for appointment. First vote vote for 9): Ward 1 Robin Fernandez, Andrew Flores, Barry Hibbard, Brian Holt Kenneth Keller, Wayland Louie, Ryan Nance, Mitchell Rowland, Beatris Sanders Ward 2 Andrew Flores, Sorry Hibbard, Brian Holt, Kenneth Keller, Tracy Lopez, Wayland Louie, Frederick Prince, Beatris Sanders, Jeremy Tobias Ward 3 Jeffrey Chinn, Barry Hibbard, Linda Jay, Kenneth Keller, Valari Lee, Wayland Louie, Elsa Martinez, Pritesh Patel, Frederick Prince Ward 4 Sally Herald, Barry Hibbard, Kenneth Keller, Valari Lee, Jim Luff, Elsa Martinez, Frederick Prince, Mitchell Rowland, Beatris Sanders Ward 5 Mary Barra, Melanie Farmer, Barry Hibbard, Linda Jay, Kenneth Keller, Wayland Louie, Pritesh Patel, Frederick Prince, Jeremy Tobias Ward 6 Norma Diaz, Melanie Farmer, Barry Hibbard, Linda Jay, Wayland Louie, Pritesh Patel, Frederick Prince, Mitchell Rowland, Beatris Sanders Ward 7 Sorry Hibbard, Brian Holt, Kenneth Keller, Wayland Louie, Ryon Nance, Pritesh Patel. Frederick Prince, Mitchell Rowland, Beatris Sanders City Clerk Drimakis announced the following seven candidates received four votes or more: Barry Hibbard; Kenneth Keller; Wayland Louie; Pritesh Patel; Frederick Prince; Mitchell Rowland; and Beatris Sanders. Second vote (vote for 2): Ward 1 Sally Herald, Brian Holt Ward 2 Brian Holt Jeremy Tobias Ward 3 Linda Jay, Elsa Martinez Ward 4 Andrew Flores, Jeremy Tobias Ward 5 Melanie Farmer, Jeremy Tobias Ward 6 Melanie Farmer, Linda Jay Ward 7 Sally Herald, Brian Holt 3208 Bakersfield, California, February 6, 2019- Page 4 7. APPOINTMENTS continued City Clerk Drimakis announced no candidates received four votes or more. Third vote (vote for 2): Ward Brian Holt, Jeremy Tobias Ward 2 Brian Holt, Jeremy Tobias Ward 3 Linda Jay, Elsa Martinez Ward 4 Brian Holt, Jeremy Tobias Ward 5 Melanie Farmer, Jeremy Tobias Ward 6 Melanie Farmer, Linda Jay Ward 7 Sally Herald, Brian Holt City Clerk Drimakis announced the candidates that received four or more votes this round were Brian Holt and Jeremy Tobias. City Clerk Drimakis announced the candidates appointed to the Bakersfield Public Safety/Vital City Services Measure Citizens Oversight Committee include the following: Brian Holt; Barry Hibbard; Kenneth Keller; Weiland Louie; Pritesh Patel; Frederick Prince; Mitchell Rowland; Beatris Sanders: and Jeremy Tobias. 8. CONSENT CALENDAR (Staff recommends adoption of Consent Calendar items.) Minutes: Approval of minutes of the January 23, 2019, Regular City Council Meeting. Payments: b. Receive and file department payments from January 11, 2019 to January 24, 2019 in the amount of $13,901,165.70. Self -Insurance payments from January 11, 2019 to January 24, 2019, in the amount of $439,153.14, totaling $14,340,318.84. Ordinances: C. First reading of an ordinance amending Title 17 of the Bakersfield Municipal Code within Chapter 17.32 A (Agricultural Zone) related to the Agricultural Zone regulations. FR ONLY Bakersfield, California, February 6, 2019- Page 5 8. CONSENT CALENDAR continued d. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R-1 (One Family Dwelling) to R -1 -CH (One Family Dwelling - Church Overlay) on approximately 27 acres, located at 12225 Stockdale Highway, also being along the south side of Stockdale Highway, approximately 1A mile east of South Allen Road. A resolution adopting a Negative Declaration will also be considered. (ZC # 18-0270- Paul Dhonens Architect, representing the property owner, Bridge Bible Church of Mennonite Brethren) FR ONLY e. Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 6.66 gross acres located on the southwest corner of the Hosking Avenue/South H Street intersection. (FR 01/23/19) ORD 4968 f. Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R-2 (Limited Multiple Family Dwelling) to C-2 (Regional Commercial) on 6.938 gross acres and C-2 to R-2 on 6.938 gross acres located south of Stockdale Highway and north of Stockdale Ranch Road, between Wegis Avenue and Heath Road. (FR 01/23/19) ORD 4969 Resolutions: g. Resolution confirming approval by the City 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 the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector. RES 019-19 L 3209 3210 Bakersfield, California, February 6, 2019- Page 6 8. CONSENTCALENDAR h. Resolution conditionally committing $1.5 Million in Home Investment Partnerships (HOME) Funds to the Housing Authority of the County of Kern for the purpose of acquiring and developing an 81 -unit affordable housing complex located at 3345 Bernard Street (APN 130-162-24) in Northeast Bakersfield. RES 020-19 Mount Vernon Recycling Facility: Resolution dispensing with the normal bidding procedure for the purchase of a wood waste grinder for the Mount Vernon Green Waste Facility from Pape Machinery Inc. not to exceed $808,098. RES 021-19 2. Appropriate $730,000 in Equipment Management Fund balance to the Public Works Department's operating budget to fund said purchase. Appropriate and transfer $78,100 from the Refuse Enterprise Fund balance to the Public Works Department operating budget within the Equipment Management Fund to fund balance of said purchase. Auction of Bultman Collection: Resolution to authorize disposal of Bultman Collection at public auction. RES 022-19 2. Consignment agreement with US Auctions to inventory, advertise sale, and hold public auction of Bultman Collection in exchange for receiving a 10% to 13% commission fee on items sold. AGR 19-018 Resolutions to add the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: Area 2-71 (6500 District Avenue) - Ward 6 RES 023-19 2. Area 4-190 (33 10 California Avenue) - Ward 2 RES 024-19 1 3211 Bakersfield, California, February 6, 2019- Page 7 8. CONSENT CALENDAR I. Resolution adopting an amended conflict of interest code. RES 025-19 Agreements: M. Agreement with York Risk, Inc. (not to exceed $675,377, for a three-year term, starting April 1, 2019), to provide liability adjusting services for claims filed against the City of Bakersfield. AGR 19-019 n. Agreement for acquisition of real property with Olive Drive Partners for the City to purchase the property located at 4646 California Avenue for $2,500,000. AGR 19-020 o. Master License Agreement with New Cingular Wireless PCS, LLC (AT&T) for the installation of wireless communication equipment on City street lights. AGR 19-021 P. Implementation and Cooperation Agreement with the Housing Authority of the County of Kern for Affordable Housing and Sustainable Communities Program Project. AGR 19-022 q. Reimbursement agreement with AEG Management Bakersfield, LLC (not to exceed $60,000), for the reimbursement of costs with renting the Rabobank Arena for the Christian Congregation of Jehovah's Witnesses conventions. AGR 19-023 r. Final Map, Improvement Agreement, and Landscape Agreement with Old River Road, LLC (Developer) for Tract 7304, Phase 1, located north of Berkshire and east of Old River Road. AGR 19-024, AGR 19-025 S. Amendment No. 1 to Agreement No. 16-037 with Nishikowa Property Maintenance, Inc. ($186,622; revised not to exceed $532,318 and extend term one year), for continued sports field maintenance. AGR 16-037(1) L 3212 Bakersfield, California, February 6, 2019- Page 8 8. CONSENT CALENDAR continued Amendment No. 3 to Agreement No. 15-057 with Stinson Stationers, Inc. ($375,000; revised not to exceed $1,825,000 and extend term one year), for the continued supply of office supplies. AGR 15-057(3) U. Amendment No.1 to Agreement No. 17-193 with NVS, Inc. ($200,000; revised not to exceed $400,000), to provide on-call construction inspection services for development projects and the Capital Improvement Program. AGR 17-193(1) Amendment No. 4 to Agreement No. 16-035 with Ferguson Enterprises Inc. (extend the term one year and increase compensation $45,000, revised not to exceed $117,010.48) for the continued supply of fire hydrants. AGR 16-035(4) Bids: W. Accept bid and approve contract with Crosstown Electrical & Data, Inc. ($224,736), for the project Traffic Signal Interconnect on Jewetto Avenue from Hageman Road to Olive Drive. AGR 19-026 X. Accept bid from Gibbs International, Inc., Bakersfield ($289,601.64) for two axle dump trucks for use by the Streets Division. Y. Accept bid, approve contract to J. L. Plank, Inc., dba Cen-Cal Construction, Bakersfield ($350,000) for the construction of HUD curb, and gutter for the Wilson Area. AGR 19-027 z. Accept bid, approve contract to J. L. Plank, Inc., dba Cen-Cal Construction, Bakersfield ($300,000) for the construction of HUD curb, and gutter for the Old Town Kern/Beale Area. AGR 19-028 aa. Accept bid, approve contract to DOD Construction, Bakersfield ($153,000) for the construction of HUD curb, and gutter for the Oleander Area. AGR 19-029 J 3213 Bakersfield, California, February 6, 2019- Page 9 8, CONSENT CALENDAR continued ab. Accept bid, approve contract to J. L. Plank, Inc., dba Cen-Cal Construction, Bakersfield ($152,989.10) for the construction of HUD curb, and gutter for the East California Area. AGR 19-030 ac. Accept bid, approve contract to J. L. Plank, Inc., dba Cen-Cal Construction, Bakersfield ($300,000) for the construction of HUD curb, and gutter for the East Belle Terrace Area. AGR 19-031 ad. Purchase of GPS Survey Equipment: 1. Extend bid from Engineering Supply Company, Inc. ($54,038.99) for the purchase of GPS Survey Equipment for the Public Works Department, Construction Division. 2. Appropriate $55,000 Equipment Fund balance to the Public Works Department's Operating Budget within the Equipment Management Fund. Miscellaneous: ae. Quitclaim Deed to relinquish all rights of the Flowage and Drainage Easement to MBO Insurance Brokers, Inc. Profit Sharing Plan DEED 8994 Successor Agency Business: of. Receive and file Successor Agency payments from January 11, 2019, to January 24, 2019, in the amount of $290,233.70. Motion by Vice -Mayor Parller to adopt Consent Calendar Hems 8.a. through 8.af. Motion passed. 9. CONSENT CALENDAR PUBLIC HEARINGS (staff recommends conducting Consent Calendar Public Hearing and approval of items.) None. 10. HEARINGS None. 11. REPORTS None. 3214 Bakersfield, California, February 6, 2019- Page 10 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Vice -Mayor Padier amended his referral from the last meeting asking staff to set the workshop he requested for some time in late April. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 6:31 p.m. 44t.4 �mv MAYOR of the City of Bakersfield, CA ATTEST: NAAA! �7WYrU�Jy� CI CLERK and Ex Officio Clerk of the Council of the City of Bakersfield k J