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HomeMy WebLinkAbout05/22/19 CC MINUTES3271 "A"es BAKERSFIELD CITY COUNCIL L � MINUTES MEETING OF MAY 22, 2019 reo Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings- 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:30 PM 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera, Gonzales (seated at 3:31 p.m.), Smith, Freeman, Sullivan (seated at 3:45 p.m.) Absent: Weir 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: I . Gilberto Fajardo v. City of Bakersfield, et al., USDC Eastern District Case No. 1:16-C V-00699-DAD-JLT 2. Timothy Grismore & Xavier Hines v. City of Bakersfield, et al., USDC Eastern District Case No. 1:17-Cv-00413-AWI-JLT 3. Rubio Rosoura Semo, et al v. City of Bakersfield, et al., USDC Eastern District Case No. 1: 17 -CV -0 1290-LJO-JLT b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. Motion by Vice -Mayor Parlier to adjourn to Closed Session at 3:31 p.m. Motion passed with Councilmembers Weir and Sullivan absent. The Closed Session meeting was adjourned at 5:24 p.m. Meeting reconvened at 5:27 p.m. 3272 Bakersfield, California, May 22, 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 the following: 1. Gilberto Fajardo v. City of Bakersfield, et al., USDC Eastern District Case No. 1: 16-CV-00699-DAD-JLT No reportable action. 2. Timothy Grismore & Xavier Hines v. City of Bakersfield, et al., USDC Eastern District Case No. 1: 17-Cv-00413-AWI-JLT City Attorney was given direction with CouncUmember Weir absent. 3. Rubio Rosouro Serna, et al v. City of Bakersfield, et al., USDC Eastern District Case No. l: 17-CV-01290-LJO-JLT City Attorney was given direction by a 5-1 vote. Councilmember Weir absent. b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. No reportable action. 6. ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting at 5:27 p.m. REGULAR MEETING- 5:34 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera, Gonzales, Smith, Freeman, Sullivan Absent: Weir 2. INVOCATION by Pastor Rob Dalrymple, Senior Pastor of Northminster Presbyterian Church. 3. PLEDGE OF ALLEGIANCE by Rebecca Moeder, United States Army Veteran. 3273 Bakersfield, California, May 22, 2019- Page 3 4. PRESENTATIONS a. Proclamation to Aaron Meyer, President of the American Public Works Association - Kern Branch, declaring National Public Works Week in Bakersfield during the week of May 19. Mr. Meyer accepted the proclamation and made comments. 5. PUBLIC STATEMENTS a. Curtis Bingham, Sr. expressed appreciation and gave blessings to Mayor Goh, Councilmembers, and the Police Department for the work they do for the City. b. Devon Johnson expressed his concern with the representation of Ward 1. C. Neel Sanhoppa suggested the Council revote the entire Measure N Oversight Committee and appoint at least four female members in order to adequately represent the voters within the city limits; and spoke in opposition of placing "in God We Trust' on the Police vehicles. d. Fred Porter expressed concern with the increase of homelessness and vandalism on his property located at 1200 210 Street. Counctimember Gonzales requested staff reach out to Mr. Porter to address his concerns. e. The following individuals spoke in support of placing "In God We Trust' decals on all Police vehicles and requested this matter be placed on the agenda for the next City Council meeting: Reverend Angelo Frazier (submitted written material); Jim Coyle; Pastor David Vivas, Jr.; T.J. Esposito; Sheryl Turner; and Brandon Martin. Councilmember Sullivan requested the time for Public Statements be extended for the remaining speakers on this matter. Motion by Vice -Mayor Parlfer to extend the time for Public Statements. Motion passed with Councilmember Weir absent. The following individuals spoke in opposition spoke to placing "In God We Trust' decals on Police Vehicles: Seven Bates; Jennifer Bloomquist; Laura Sanchez; and John Scott. Councilmember Sullivan requested staff place this matter on the agenda for the next City Council meeting. 3274 Bakersfield, California, May 22, 2019- Page 4 6. WORKSHOPS a. City Council Goals Update (Staff recommends that the City Council review the compiled feedback for the 2019-2020 goals and provide staff direction on the final document format and content.) City Clerk Drimokis announced that a staff memorandum was received transmitting Mayor and Councilmember comments regarding this item. Administrative Analyst Carrier made staff comments and provided a PowerPoint presentation. Councilmember Gonzales requested the City Council Goals be reformatted Into a matrix structure. Councilmember Gonzales requested that the goals include a section on measurements and outputs similar to Santa Clara's example. Councilmember Gonzales requested that Urban Renewal for older areas of the city that are not eligible for CDBG funding for curb gutter and sidewalks projects, be included in the goals. Councilmember Smith requested that the public safety goal include language on bicycle and pedestrian safety. Councilmember Rivera requested that the City Council goals include language referencing the pavement condition index of streets and targeting those with low scores for repair. Councilmember Rivera requested that language be included in the City Council goals on building the reserve fund. Councilmember Freeman requested that the overarching goals for this year be more speck and have more detail. Mayor Goh recessed the meeting at 6:54 p.m. and reconvened the meeting at 7:03 p.m. b. Don't Create a Monster- Think Before You Flush Public Outreach Campaign. (Staff recommends receiving and filing the presentation.) Public Works Director Fidler made staff comments and provided a PowerPoint presentation and written materials. Councilmember Gonzales requested materials for future City campaigns to be available in Spanish. 3275 Bakersfield, California, May 22, 2019— Page 5 6. WORKSHOPS continued ITEM 6.b. CONTINUED 1 Councilmember Parlier requested that the Sikh and Punjabi community be included in outreach efforts for future City campaigns. Motion by Vice -Mayor Parlier to receive and file the presentation. Motion passed with Councilmember Weir absent. 7. APPOINTMENTS a. Appointment of one Regular Committee Member to the Bakersfield Public Safety/Vital City Services Measure Citizens Oversight Committee. City Clerk Drimakis announced applications for appointment were received from the following individuals: Ray Chopro; Joanne Duggar; Pamela McCarthy (Application Withdrawn(; Rebecca Moore; Donna Peltier -Chaffee; Connie Perez-Andreesen: Marione Reyes; Yerlaine Schneider; Evelyn Young Spath; and Meseret Springer (ballots were used(. City Clerk Drimakis announced no candidates received four votes or more. Second vote: Ward 1 First vote: Ward 2 Perez-Andreesen Ward 1 Perez-Andreesen � Ward 2 Perez-Andreesen Springer Ward 3 Absent Ward 7 Ward 4 Reyes Ward 5 Springer Ward 6 Moore Ward 7 Perez-Andreesen City Clerk Drimakis announced no candidates received four votes or more. Second vote: Ward 1 Perez-Andreesen Ward 2 Perez-Andreesen Ward Absent Ward 4 Perez-Andreesen Ward Springer Ward 6 Moore Ward 7 Perez-Andreesen Mayor Goh announced Connie Perez-Andreesen is appointed to the Bakersfield Public Safety/Vital City Services Measure Citizens Oversight Committee. 3276 Bakersfield, California, May 22, 2019- Page 6 7. APPOINTMENTS continued b. Two appointments (at -large) to the Historic Preservation Commission due to current vacancies (terms expire on March 20, 2020 and March 20, 2021). City Clerk Drimakis announced applications for appointment were received from Cheryl Long and Carolyn Dethlefson; and a staff memorandum was received, transmitting the application from Nilo Hogan which was inadvertently left out of the agenda packet. First ballot (To fill the March 20. 2020 vacancy): Ward 1 Dethlefson Ward 2 Long Ward 3 Absent Ward 4 Long Ward 5 Long Ward 6 Long Ward 7 Long Motion by Vice -Mayor Parlier to appoint Cheryl Long to BII the unexpired term on the Historic Preservation Commission, term to expire on March 20, 2020. Motion passed with Councilmember Weir absent. 7 Second ballot To fill the March 20 20211• J Ward 1 Dethlefson Ward 2 Dethlefson Ward 3 Absent Ward 4 Dethlefson Ward 5 Dethlefson Ward 6 Dethlefson Ward 7 Hogan Motion by Vice -Mayor Parlier to appoint Carolyn Dethlefson to the Historic Preservation Commission, term to expire on March 20, 2021. Motion passed with Councilmember Weir absent. C. One appointment (at large) to the Miscellaneous Departments Civil Service Board due to a vacancy (term to expire December 31, 2021) City Clerk Drimakis announced applications for appointment were received from Cheryl Long and Nila Hogan; advised that since Cheryl Long was previously appointed to the Historic Preservation her application for the Miscellaneous Civil Service Board is no longer eligible, as members shall have no other association with City government. 3277 Bakersfield, California, May 22, 2019— Page 7 7. APPOINTMENTS continued ITEM 7.c. CONTINUED Motion by Vice -Mayor Parlier to appoint Nita Hogan to a three-year term on the Miscellaneous Ctvil Service Board, term to expire on December 31, 2021. Motion passed with Councilmember Weir absent. d. One appointment to the Bakersfield Youth Commission due to a current alternate vacancy in Ward 4 (term expires on July 20, 2020). City Clerk Drimakis announced an application for appointment was received from Gina Yum. Motion by Councilmember Smith to appoint Gina Yum as the alternate member, term to expire July 20, 2020. Motion passed with Councilmember Weir absent. 8. CONSENT CALENDAR (Staff recommends adoption of Consent Calendar items.) Minutes: a. Approval of minutes of the May 8, 2019, Regular City Council Meetings and the May 13, 2019, Budget Presentation Meeting. Payments: b. Receive and file department payments from April 26, 2019 to May 9, 2019 in the amount of $14,204,904.98, Self Insurance payments from April 26, 2019 to May 9, 2019, in the amount of $345,611.42, totaling $14,550,516.40. Ordinances: C. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from a Planned Commercial Development (P.C.D.) zone to a revised P.C.D. zone on approximately 1.95 acres of a larger 16.75 acre commercial center generally located at 5601 California Avenue (ZC #19-0021; McKently Malak Architects, Inc. representing Dollinger Properties). FR ONLY d. First reading of an ordinance amending Bakersfield Municipal Code Sections 1. 12.040 and 1. 12.070 by adding Annexation No. 676 consisting of 8.97 acres located north of Snow Road, along the east side of Verdugo Road. Ward 3) FR ONLY 3278 Bakersfield, California, May 22, 2019— Page 8 8. CONSENT CALENDAR continued Resolutions: e. Resolution supporting Senate Bill 742 (Allen) allowing intercity passenger motor coach transportation on Amtrak thruway bus routes without requiring rail segments. RES 063-19 f. Resolution setting rates and equipment specifications for tow truck services provided pursuant to contract with the City. RES 064-19 g. Resolution determining that the washer press required for the handling of screenings at Wastewater Treatment Plant No. 2 cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $66,000. RES 065-19 h. Resolution determining that parts and services required for the air diffusers 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 $224,000. RES 066-19 I. Resolution approving Investment Guidelines as it relates to the City's Retiree Medical Subsidy Trust. RES 067-19 j. Amendment No. 510 Resolution No. 064-18 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory, and Management unit for Assistant City Manager. RES 064-18(5) k. New Job Specification and Change to Salary Schedule: 1. Amendment No. 4 to Resolution No. 064-18 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory, and Management Units for Public Information Officer RES 064-18(4) 3279 Bakersfield, California, May 22, 2019— Page 9 8, CONSENT CALENDAR continued ITEM 8.k. CONTINUED 2. New Job Specification: Public Information Officer #89310 I. Sewer connection fee assessment for 131 K Street: Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. RES 068-19 2. Agreement with Justiniono Morales, Sr., 131 K Street, to pay the sewer connection fee through the Kern County Tax Collector, AGR 19-071 Agreements: En. Agreement between the City of Bakersfield, County of Kern and Bakersfield Association of Retarded Citizens for ($167,000) of Community Development Block Grant funds to replace Tire Shredding Facility at the Material Recovery Facility at 2240 South Union Avenue. AGR 19-072 n. Agreement with HIPS Mechanical, Inc. ($150,000 for a one year term), for plumbing and boiler maintenance for Wastewater Division. FiTH:Mkff`I o. Agreement with Allied Managed Care, Inc. ($435,000), to provide utilization review services and nurse case management services for the Self Insurance Workers' Compensation Program. FTHakX`I P. License agreement for purchase of Gray Key device and annual license from Grayshift, LLC. ($15,075), to unlock Apple 10S devices obtained in active investigations. AGR 19-075 q. Agreement with Greater Bakersfield Legal Assistance, Inc. ($100,000) for Fair Housing Program Services. AGR 19-076 3280 Bakersfield, California, May 22, 2019— Page 10 8. CONSENT CALENDAR continued r. Agreement with Padre Hotels, Inc. to Subordinate a $1.8 Million Section 108 Loan to an $11,566,181 Loan to Refinance Padre Hotel's Existing Debt. AGR 09-092(S2) S. Lease Agreement with Best Holdings, LLC for a Fixed Based Operator Leasehold at the Bakersfield Municipal Airport. AGR 19-077 t. Master License Agreement with Verizon for the installation of wireless communication equipment on City streetlights. G@T3L'E?l8 U. Agreement with Telecom Law Firm (not to exceed $40,000) for consultant services for reviewing permits for wireless telecommunication facilities within City right-of-way. Flrejtiklrlyl 9 V. Final Map, Private Improvement Agreement, and Public Improvement Agreement with Jeremy Willer Construction, Inc. for Tract 6543 located south of Panorama Drive and East of Crescent Drive. AGR 19-080 W. Final map and improvement agreement with Summit Capital Ventures Inc., for Tract 7288 Phase 2located south of White Lane and west of Buena Vista Road. AGR 19-081 X. Final Map, Improvement Agreement, and Landscape Agreement with Lennor Homes of California (Developer) for Tract 6531 Unit 2 located north of Berkshire and west of Mountain Ridge Drive. AGR 19-083, AGR 19-084 Y. Median Fee Reimbursement Agreement with Sierra Oaks Partners, LLC, ($75,000) for median construction and median landscaping on White Lane between Windermere Street and Buena Vista Road. AGR 19-085 3281 Bakersfield, California, May 22, 2019- Page 11 8, CONSENT CALENDAR continued Z. Amendment No. 3 to Agreement No. 16-138 with Loop Electric Inc. ($150,000; revised not to exceed $810,920, and extend the term one year), for vehicle loop cutting and horizontal boring. AGR 16-138(3) aa. Amendment No. 1 to Agreement No. 18-105 with Commercial Cleaning Systems Inc., (increasing compensation $73,500 and extend the term one year), to continue janitorial service at City Hall North. AGR 18-105(1) ab. Amendment No. 1 to Agreement No. 18-106 with Safeway Sign Co. ($150,000; revised not to exceed $299,649.49 and extend the term one year), to continue the supply of traffic signs. AGR 18-106(1) ac. Contract change order Nos. 16, 20, 21, 22, 24, 28, 35, 37, and 38 to Agreement No. 18-135 with Granite Construction ($326,901.13; revised not to exceed $34,658,218.65) for the Belle Terrace Operational Improvements Project. AGR 18-135 CCO 16, CCO 20, CCO 21, CCO 22, CCO 24, CCO 28, CCO 35, CCO 37, CCO 38 ad. Contract Change Order No. 14 and 16 to Agreement No. 18-154 with Griffith Company ($155,000.00; revised not to exceed $28,429,564.00) for 24th Street Operational Improvements Project. AGR 18-154 CCO 14, CCO 16 ae. Contract Change Order No. 24 to Agreement No. 17-171 with Granite Construction Company ($22, 380.60; revised not to exceed $8,193,831.12) for Truxtun Avenue Operational Improvements. AGR 17-171 CCO 24 Bids: of. Accept bid from Gibbs International, Incorporated, Bakersfield ($188,457.51) for the purchase of a knuckle boom trash loader truck for the Water Resources Department. ag. Accept bid and approve contract with Granite Construction Company ($1,687,900) for the Pavement Rehabilitation of "H" Street from 4th Street to Truxtun Avenue project (Senate Bill 1 funded). AGR 19-086 3282 Bakersfield, California, May 22, 2019- Page 12 S. CONSENT CALENDAR continued an. Accept bid and approve contract with DOD Construction 1■ f ($464,710) for the Street Improvements, North of Brundage Lane and West of Union Avenue, Phase 5. AGR 19-087 ai. Pavement Rehabilitation: District Blvd from Gosford Road to Stine Road. Accept bid and approve contract with Griffith Company ($4,921,630) for said project. AGR 19-088 2. Appropriate $400,000 in federal Highway Infrastructure Program funds to the Public Works Department's Capital Improvement budget within the Federal and State Road Fund for said project. aj. Pavement Rehabilitation: South H Street from Pacheco Road to White Lane and Wible Road from White Lane to Planz Road. Accept bid and approve contract with Granite Construction Company ($2,548,560) for said project. AGR 19-089 2. Approve encroachment permit agreement with Kern Delta Water Storage District (no fee permit) to allow for modification of pedestrian access ramps in Kern Delta Water Storage District's right-of-way for said project. GCH:8kff1 Y0 3. Appropriate $237,000 in federal Regional Surface Transportation Program (RSTP) funds to the Public Works Department's Capital Improvement Program budget within the Federal and State Road Fund for said projects. Miscellaneous: ok. Appropriate $26,775 from Kaiser Permanente Southern California Fund grant revenues to the Recreation and Parks Operating Budget within the General Fund to provide swim lessons and passes to children and adults (Operation Splash). al. Revised Job Specifications: Code Enforcement Officer 1 (27250) Code Enforcement Officer It (27260); and Code Enforcement Officer 111 (57260). J 3283 Bakersfield, California, May 22, 2019— Page 13 8, CONSENT CALENDAR continued ' Successor Agency Business: Public Safety/Vital Services Measure: am. Amendment No. 1 to Agreement No. 19-047 with Rymoc General Contracting & Construction Services ($760,482; revised not to exceed $897,482) for the Construction Phase of the Design/Build of the Police Department Training Facility at 4646 California Ave. AGR 19-047(1) City Clerk Drimakis announced a staff memorandum was received regarding item 8.c., transmitting the Planning Commission's recommendation that Council revise Condition B.6, to clarify landscape requirements for the proposed development of two multi -tenant retail/restaurant buildings generally located at the northeast corner of Stockdale Highway and California Avenue. Councilmember Smith announced he would abstain due to a conflict of interest, the applicant is a client of his, on item 8.x. Motion by Vice -Mayor Parlier to adopt Consent Calendar items 8.0. through 8.am. Motion passed with Councilmember Weir absent. 9. CONSENT CALENDAR PUBLIC HEARINGS (Staff recommends conducting Consent Calendar Public Nearing and approval of items.) None. 10. HEARINGS a. Public Hearing to consider the appeal by the Sierra Club of Planning Commission's decision to approve McIntosh and Associates, representing Encanto Gardens, LLC, (the property owner) application for Vesting Tentative Tract Map 7335 (Phased) to subdivide approximately 40 acres into 117 single family residential lots, and associated accessory lots in a R-1 (One -Family Dwelling) zone located generally south of Pensinger Road and east of South Allen Road. (Staff recommends adoption of a Resolution denying the appeal and approving Vesting Tentative Tract Map 7335 (Phased) with conditions.) RES 069-19 Development Services Director Kitchen made staff comments and provided a PowerPoint presentation. Hearing opened at 7:44 p.m. 3284 Bakersfield, California, May 22, 2019- Page 14 10. HEARINGS continued ITEM 10.a. CONTINUED The following individuals spoke in opposition to the staff recommendation: Inaudible name; Dr. Gordon Nipp, Sierra Club; Dr. Rosanna Esparza; and Eddy Laine. Roger McIntosh, McIntosh and Associates, representing Enconto Gardens, LLC, spoke in support of the staff recommendation. Hearing closed at 7:56 p.m. Councilmember Freeman announced he would abstain, to avoid the appearance of a potential conflict of Interest, on item 10.a. Motion by Vice -Mayor Parlier to approve the staff recommendation. Motion passed with Councilmember Weir absent and Councilmember Freeman abstaining. 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Rivera expressed appreciation to Development Services Director Kitchen and staff for their work on the renaming of Cottonwood Road. Councilmember Rivera requested that Lean Six Sigma be placed on the agenda of an upcoming Committee meeting. Councilmember Rivera requested staff prioritize the repair of South Union Avenue, south of Brundage Lane to Panama Lane. Councilmember Rivera requested staff look into the repair of the roadway that is bubbling up at the Belle Terrace overpass at H Street and Chester Avenue. Councilmember Rivera requested staff repave the road on Belle Terrace, from P Street to Chester Avenue, before the start of the next school year. i Councilmember Rivera expressed enthusiasm at the possibility of a new park in Ward 1. 1 3285 Bakersfield, California, May 22, 2019- Page 15 14, COUNCIL AND MAYOR STATEMENTS continued ` Councilmember Smith requested that the Council Goals include a long term plan for creating a tree canopy in the downtown area. Councilmember Gonzales supports the idea of more trees downtown and suggests more than one block be done a year. Councilmember Sullivan requested information on a plan for the replanting on the freeway due to the Belle Terrace work, be included in upcoming budget plans. Mayor Goh stated 49 trees were planted on Sunday at the "Welcome to Bakersfield" sign located on Highway 99 and McKee Road. Mayor Goh made comments regarding a meeting she attended in Sacramento with the Greater Bakersfield Chamber of Commerce and the Governor's Chief Economic and Business Advisor Lenny Mendonco. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 8:06 p.m. i 41 -An KAREN GOH MAYOR of the City of Bakersfield ATTEST JULIE E DRIMAKIS^CM�� CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield L 3286 Bakersfield, California, May 22, 2019-Page 16 -k**THIS PAGE INTENTIONALLY LEFT BLANK— --- i J