HomeMy WebLinkAbout03/06/19 CC MINUTESI
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"° RS BAKERSFIELD CITY COUNCIL
MINUTES
�"9 ® MEETING OF MARCH 6, 2019
0
Council Chambers, City Hall, 1501 iruxtun
Avenue
Regular Meetings- 3:30 p.m. and 5:15 P.M.
REGULAR MEETING - 3:30 PM
2.
3.
4.
ROLL CALL
Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera,
Gonzales, Weir (seated at 3:37 p.m.), Smith, Freeman
(seated at 3:34 p.m.), Sullivan (seated at 4:20 p.m.)
Absent: None.
PUBLIC STATEMENTS
None.
WORKSHOPS
None.
CLOSED SESSION
a. Conference with Legal Counsel — Existing Litigation; Closed Session
pursuant to Government Code Section 54956.9(d) (1) regarding
DCM Assets Management, LLC v. City of Bakersfield Kern County
Superior Court Case No. BCV -17-100311, JEB
b. Conference with Legal Counsel — Potential Litigation; Closed
Session pursuant to Government Code Section 54956.9(d) (2),(e)3
regarding Claim No.: 19-02-041, Date of Loss: June 25, 2018,
Claimant: Shinsuke Nakamura
Motion by Vice -Mayor Parlier to adjourn to Closed Session at 3:32
p.m. Motion passed with Councilmembers Weir, Freeman, and
Sullivan absent.
The Closed Session meeting was adjourned at 4:22 p.m.
Meeting reconvened at 4:24 p.m
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Bakersfield, California, March 6, 2019- Page 2
5. CLOSED SESSION ACTION
a. Conference with Legal Counsel —Existing Litigation; Closed Session
pursuant to Government Code Section 54956.9(d) (1) regarding
DCM Assets Management, LLC v. City of Bakersfield Kern County
Superior Court Case No. BCV -17-100311, JEB
By a 6-0 vote, with Councilmember Sullivan absent, the City
Attorney was given direction.
b. Conference with Legal Counsel — Potential Litigation; Closed
Session pursuant to Government Code Section 54956.9(d)(2),(e)3
regarding Claim No.: 19-02-041, Date of Loss: June 2S, 2018,
Claimant: Shinsuke Nakamura
By a 7-0 vote, the City Attorney was given direction.
6. ADJOURNMENT
Mayor Goh adjourned the 3:30 p.m. meeting at 4:24 p.m.
REGULAR MEETING- 5:15 p.m.
7. ROLL CALL
Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera,
Gonzales, Weir, Smith, Freeman, Sullivan
Absent: None
2. INVOCATION
by Bishop Bernard Wallace of Church of Christ Christian Ministries.
3. PLEDGE OF ALLEGIANCE
by Ariesy Lopez, Senior at Golden Valley High School.
4. PRESENTATIONS
None.
5. PUBLIC STATEMENTS
a. Robin Robinson spoke regarding the launch of City Serve in
Bakersfield, a partnership with local churches and non-profit
organizations; and submitted written material.
b. Terri Palmquist and Tim Polmquist spoke regarding their 22^d prayer
vigil at 2500 H Street; and submitted written material.
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Bakersfield, California, March 6, 2019- Page 3
5, PUBLIC STATEMENTS continued
C. Bishop James Francisco expressed concern with threats he has
received from other church organizations.
d. Mary Helen Barro and Kimberly Kirchmer urged the Council to
select a woman to fill the vacancy for the Public Safety Vital City
Services Citizens Oversight Committee.
6. WORKSHOPS
a. Keep Bakersfield Beautiful Committee Update.
Public Works Director Fidler made staff comments.
Community Relations Specialist Felix and Heather Pennella, Chair of
the Keep Bakersfield Beautiful Committee, made comments and
provided a PowerPoint presentation
7. APPOINTMENTS
a. Appointment of one Regular Member and one Alternate Member
(Ward 7) to the Bakersfield Youth Commission due to vacancies
(terms expire July 20, 2020).
City Clerk Drimakis announced applications for appointment were
received from Merari Banuelos and Ada! Merino.
Motion by Vice Mayor Padier to appoint Merari Banuelos, as the
Regular Member, and Adai Merino, as the Alternate Member, terms
to expire July 20, 2020. Motion passed.
b. One appointment (Ward 1) to the Planning Commission due
to the termination of David Strong (term to expire April 30, 2023).
City Clerk Drimakis announced applications for appointment were
received from Michael Bowers, Gilberto De LaTorre, and Yazmin
De La Torre.
Motion by Councilmember Rivera to appoint Michael Bowers to the
Planning Commission, term to expire April 30, 2023. Motion passed.
C. Appointment of one Regular Committee Member to the Bakersfield
Public Safety/Vital City Services Measure Citizens Oversight
Committee (term to expire February 6, 2022).
City Manager Tandy made staff comments.
Motion by Vice -Mayor Parlier to open recruitment for an individual
to fill the vacant position on the Bakersfield Public Safety/Vital City
Services Measure Citizens Oversight Committee. Motion passed.
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Bakersfield, California, March 6, 2019- Page 4
8. CONSENT CALENDAR
(Staff recommends adoption of Consent Calendar items.)
Minutes:
a. Approval of minutes of the February 6, 2019, Special and Regular
City Council Meetings.
Payments:
b. Receive and file department payments from January 25, 2019 to
February 21, 2019 in the amount of $36,508,721.07, Self Insurance
payments from January 25, 2019 to February 21, 2019, in the
amount of $1,079,975.72, totaling $37,588,696.79.
Ordinances:
C. Zone Change No. 18-0386:
First reading of ordinance amending the Official Zoning Map
in Title 17 of the Bakersfield Municipal Code by changing the
zone district from a PCD (Planned Commercial
Development) zone to a C-2/PCD (Regional Commercial/
Planned Commercial Development Combining) zone, on
10.59 acres located at southwest corner of Stockdale
Highway and Buena Vista Road (11301 Stockdole Hwy).
FR ONLY
2. Resolution adopting a Mitigated Negative Declaration.
(ZC # 18-0386 - KSA Group Architects, representing ABS
Surplus -O, LLC).
RES 026-19
d. Adoption of an ordinance amending Title 17 of the Bakersfield
Municipal Code within Chapter 17.32 A (Agriculture Zone)
relating to the Agricultural Zone regulations.
ORD 4970
Resolutions:
e. Resolution requesting the route transfer and adoption of the
Westside Parkway and the Centennial Corridor as the new State
Route 58 alignment.
RES 027-19 j
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Bakersfield, California, March 6, 2019- Page 5
8. CONSENT CALENDAR continued
f. Sewer construction fee assessment for 7900 Kimberly Avenue:
1 . Resolution confirming assessment for sewer construction fee
and authorizing the collection of assessment by the Kern
County Tax Collector.
RES 028-19
2. Agreement with Kody J. Allred, 7900 Kimberly Avenue, to
pay the sewer construction fee through the Kern County Tax
Collector.
AGR 19-032
g. Fire Station 2 Bathroom/Locker Room Remodel:
Resolution dispensing with normal bidding procedures and
determining that Sourcewell Formerly National Joint Powers
Alliance-(NJPA)) is the most efficient way to obtain contract
pricing from a cooperative procurement bidding process,
and authorizing the Finance Director to dispense with
bidding thereof, not to exceed $422,000.
RES 029-19
2. Accept and approve agreement with Haus Construction,
Inc. ($382,383.71) for said project.
AGR 19-033
3. Appropriate $250,000 from the Facility Replacement Reserve
to the Fire Department Capital Improvement Budget within
the Capital Outlay Fund.
h. Amendment No. 23 to Resolution No. 44-93 setting salaries and
related benefits for the Temporary Unit Wage adjustments - Animal
Control Officer)
RES 44-93(23)
Resolutions of Intention 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. 1993 adding Area 2-72 )4250 Ashe Road) -Ward 6
ROI 1993
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Bakersfield, California, March 6, 2019- Page 6
8. CONSENT CALENDAR continued
ITEM B.I. CONTINUED
2. ROI No. 1994 adding Area 4-191 (2443 Oak Street) -Ward 2
ROI 1994
3. ROI No. 1995 adding Area 4-192 (1705 Baker Street) -Ward 2
ROI 1995
4. ROI No. 1996 adding Area 4-193 (1836 Orange Street) -Ward 2
ROI 1996
5. ROI No. 1997 adding Area 4-194 (3130 24th Street) -Ward 2
ROI 1997
Agreements:
j. Sale of Surplus Property at 3531 Adanac Ct. in the amount of
$15,000.
AGR 19-034, DEED 9000
k. Agreement with Nearmap US Inc. (not to exceed $5,000), for trial
subscription service of aerial imagery.
AGR 19-035
I. Agreement with Corolla Engineers, Inc. ($80,000) for providing
consulting services for odor control in the wastewater collection
system.
AGR 19-036
En. Final Map for Tract 6297, Phase 4, located North of Redbank Road,
between S. Oswell Street and S. Sterling Road.
n. Agreement with United Way of Kern County ($67,388) for Homeless
Youth Services.
AGR 19-037
o. Agreement with Brown Armstrong Accountancy Corporation
($58,000) for a full scope annual audit of the 2018-19 fiscal year.
AGR 19-038
P. Amendment No. 1 to Agreement No. CA18-006 with Clifford &
Brown ($110,000) to provide outside legal services in the matter of
Yunk v. City of Bakersfield.
AGR 19-039
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Bakersfield, California, March 6, 2019- Page 7
8. CONSENT CALENDAR continued
q. Amendments No. 3 & No. 4 to Agreement No. 06-023 with Avenu
Insights & Analytics for Sales Tax Consulting and Auditing Services.
AGR 06-023(3), AGR 06-023(4)
Amendment No. 2 to Agreement No. PW 17-235 with AECOM
Technical Services, Inc. ($25,000; revised not to exceed $62,500 and
extend term by one year until July 31, 2020), to provide design and
engineering services for Wastewater Treatment Plant No. 3 Primary
Clarifiers #5 - #8 Rehabilitation project.
AGR 19-040
Amendment No. 3 to Agreement No. 17-053 with Solenis, LLC
($500,000; revised not to exceed $1,360,000 and extend term one
year to April 30, 2020) to provide dewatering polymer for
Wastewater Treatment Plant No. 3 and to acknowledge a price
increase from $1.105 to $1.16 per pound of polymer due to rise in
raw material costs.
AGR 17-053(3)
t. Amendment No. 3 to Agreement No. 16-036 with Gilliam & Sons Inc.
($1,000,000; revised not to exceed $8,857,300 and extend term one
year), for the continued service of earthmoving and hauling.
AGR 16-036(3)
U. Amendment No. 2 to Agreement No. 17-043 with Burtch
Construction, Inc. ($800,000; revised not to exceed $2,410,000 and
extend the term one year), for the continued service of asphalt
rejuvenator sealant.
AGR 17-043(2)
V. Amendment No. 1 to Agreement No. 18-051 with K & I Services, Inc.
(extend the term one year), for the continued service of hauling
wood chips.
AGR 18-0510)
W. Amendment No. 1 to Agreement No. 18-052 with J. Garcia
Trucking, Inc. ($100,000; revised not to exceed $200,000 and extend
the term one year), for the continued service of hauling wood
chips.
AGR 18-052(1)
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Bakersfield, California, March 6, 2019— Page 8
8. CONSENT CALENDAR continued
Bids:
X. Reject bid for the Pedestrian Countdown Timers - Part 7 project.
Y. Accept bid and approve contract to Kemira Water Solutions,
Incorporated ($85,000) for the annual contract to supply ferric
chloride.
AGR 19-041
Z. Accept bid and approve contract to Pacific West Controls, Inc.,
Visalia, California ($183,000) for the legacy control module
upgrade at the Rabobank Arena,
AGR 19-042
aa. Accept bid and approve contract to Argo Chemical, Incorporated
($45.000) for the annual contract to supply pool chemicals.
AGR 19-043
Miscellaneous:
Successor Agency Business:
ab. Receive and file Successor Agency payments from January 25,
2019, to February 21, 2019, in the amount of $1,100.00.
City Clerk Drimakis announced a staff memorandum was received
regarding item 8.a., correcting a scrivener's error in the minutes; and an
additional memorandum was received regarding item B.C., stating the
Developer has agreed that the meandering sidewalk along Stockdale
Highway and Buena Vista Road will be 8 feet in width rather than the b
feet that is shown on the site plan, and the landscaping will remain at a
minimum of 10 feet in width.
Motion by Vice -Mayor Parlier to adopt Consent Calendar items 8.a.
through 8.ab. Motion passed.
Councilmember Rivera left the meeting at this time.
9. CONSENT CALENDAR PUBLIC HEARINGS
(staff recommends conducting Consent Calendar Public Hearing and approval of items.)
None,
10. HEARINGS
None.
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Bakersfield, California, March 6, 2019- Page 9
11, REPORTS
None.
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Gonzales expressed appreciation to the Streets Division
for their effort in addressing flooding issues due to the recent large
amount of rainfall.
Councilmember Rivera returned to the meeting at this time.
Vice -Mayor Porlier requested staff draft a letter in opposition to SB 246,
which would impose a 10% wellhead tax on the petroleum energy sector;
and requested staff prepare a resolution, for Council consideration, in
opposition to SB 246, and expressing the importance of this regional
industry, noting the thousands of jobs it has created including high paying
jobs for underserved populations including non -college educated,
minority populations, and those released from prison.
Mayor Goh advised she recently had the opportunity to meet with the
Governor and his staff to discuss the City's ongoing need for help with the
homeless situation and other issues important to our community.
15. ADJOURNMENT
Mayor Goh adjourned the meeting at 6:01 p.m.
MAYOR of the City of Bakersfield, CA
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CITY CLERK and Ex Clerk of the
Council of the City of Bakersfield
3224 Bakersfield, California, March 6,2019-Page 10
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