HomeMy WebLinkAbout06/05/19 CC MINUTES3293
oFnwoa�gs
BAKERSFIELD CITY COUNCIL
MINUTES
o MEETING OF JUNE 5, 2019
trio
Council Chambers, City Hall, 1501 Truxtun Avenue
Special Meeting- 4:00 p.m.
Regular Meeting- 5:15 p.m.
SPECIAL MEETING - 4:00 PM
1. ROLL CALL
Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera,
Gonzales, Weir (seated at 4:35 p.m.), Smith, Sullivan (seated
at 4:39 p.m.)
Absent: Freeman
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
Jesus Alfredo Lemus Zamudio, et at. v. City of Bakersfield, et at.,
Kern County Superior Court Case No.: BCV- 18-100356.
Motion by Vice -Mayor Porlier to adjourn to Closed Session at 4:31
p.m. Motion passed with Councilmembers Weir, Freeman, and
Sullivan absent.
The Closed Session meeting was adjourned at 4:48 p.m.
Meeting reconvened at 4:50 p.m.
5. CLOSED SESSION ACTION
a. Conference with Legal Counsel — Existing Litigation: Closed Session
pursuant to Government Code section 54956.9(d) (1) regarding
Jesus Alfredo Lemus Zamudio, et al. v. City of Bakersfield, et al.,
Kern County Superior Court Case No.: BCV -18-100356.
City Attorney was given direction.
3294
Bakersfield, California, June 5, 2019— Page 2
6. ADJOURNMENT
Mayor Goh adjourned the 4:00 p.m. meeting at 4:51 p.m.
REGULAR MEETING- 5:15 p.m.
1. ROLL CALL
Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera,
Gonzales, Weir, Smith, Sullivan
Absent: Freeman
2. INVOCATION
by Pastor Eric Burns, Senior Pastor of Laurelglen Bible Church.
3. PLEDGE OF ALLEGIANCE
by Meagan Holmes, Counselor at West High School.
Mayor Goh presented Ms. Holmes with the Mayor's medal, in recognition
of her being named as the recipient of the Arthur S. Mormaduke Award.
4. PRESENTATIONS
1
a. Proclamation to Kari Grimm -Anderson, David Grimm, and Brett
J
Grimm of Grimmway Farms, declaring Grimmway Farms Day in
Bakersfield on June 5, 2019 in honor of Grimmway Farms' 50th
Anniversary.
Ms. Grimm -Anderson accepted the proclamation and made
comments.
S. PUBLIC STATEMENTS
a. Joanne Gappmayer expressed her concern with street
sweeping and garbage pickup being held on the same day.
Councilmember Smith requested staff contact Ms. Gappmayer
regarding her concerns.
b. Jaime Flores, Diana Cuevas, and Barbara Perez, from the
Greenfield Walking Group Youth, announced they will be hosting
an event on June 22, 2019.
Vice -Mayor Parfet requested staff contact the group to discuss
their ideas for improving Ward I and Ward 7.
c. Alex Balfour, Cushman and Wakefield, spoke in support of the
amendment to the Ordinance relating to small breweries.
3295
Bakersfield, California, June 5, 2019— Page 3
6, WORKSHOPS
a. Overview of the Kern Education Pledge, a communitywide effort to
focus on education as a top priority.
Dr. Mary Barlow, Kern County Superintendent of Schools
Superintendent, made comments, provided a PowerPoint
presentation, and submitted written material.
APPOINTMENT$
None.
8. CONSENT CALENDAR
(Staff recommends adoption of Consent Calendar hems,)
Minutes:
a. Approval of minutes of the May 22, 2019, Regular City Council
Meetings.
Payments:
b. Receive and file department payments from May 10, 2019 to May
23, 2019 in the amount of $14,003,974.47, Self Insurance payments
from May 10, 2019 to May 23, 2019, in the amount of $331,513.23,
totaling $14,335,487.70.
Ordinances:
C. First reading of an ordinance amending Bakersfield Municipal
Code Sections 1. 12.040 and 1. 12.070 by adding Annexation No. 658
consisting of 14.72 acres along the south side of Taft Highway (SR
119), generally east of Hughes Lane.
FR ONLY
d. First reading of an ordinance amending Section 17.04.078 of the
Bakersfield Municipal Code relating to small breweries.
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 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).
ORD 4977
3296
Bakersfield, California, June 5, 2019— Page 4
8. CONSENT CALENDAR continued
Resolutions:
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 070-19
g. Resolution determining that in -vehicle installation kits required for
installation of cellular push -to -talk equipment in vehicles used by
non-public safety staff cannot be reasonably obtained through the
usual bidding procedures and authorizing the Finance Director to
dispense with bidding therefor and purchase the required kits in an
amount not to exceed $110,000.
RES 071-19
h. Resolution authorizing the Recreation and Parks Director to apply
for the Statewide Park Development and Community Revitalization
Program Grant (Proposition 68) and enter into agreements, the
State of California.
RES 072-19
Resolutions providing for the collection of delinquent sewer and
refuse charges by Kern County Auditor -Controller's Office on the
Fiscal Year 2019-20 property tax rolls:
Resolution providing for the collection of delinquent sewer
fees.
RES 073-19
2. Resolution providing for the collection of delinquent refuse
fees.
RES 074-19
Resolutions providing for the adoption and collection of sewer
service user charges and fees for Fiscal Year 2019-20:
Resolution adopting Fiscal Year 2019-20 sewer and storm
sewer user rates (no proposed rate increases).
RES 075-19
J
3297
Bakersfield, California, June 5, 2019— Page 5
8. CONSENT CALENDAR continued
ITEM 8.j. CONTINUED
2. Resolution providing for the collection of residential and
commercial sewer and storm sewer service users charges by
the Kern County Auditor -Controller's Office,
RES 076-19
I New Job Specification and Change to Salary Schedule:
Amendment No. 6 to Resolution No. 064-18 setting salaries
and related benefits for officers and employees of the
General Supervisory, Police Supervisory, and Management
Units for Real Property Supervisor
RES 064-18(6)
2. New Job Specification: Real Property Supervisor #56000.
Sewer connection fee assessment for 18 Milham Drive:
Resolution confirming assessments for sewer connection fee
and authorizing the collection of assessment by the Kern
County Tax Collector.
RES 077-19
2. Agreement with Ruben Almanza Santana, 18 Milhom Drive,
to pay the sewer connection fee through the Kern County
Tax Collector.
AGR 19-091
M. Resolution of Intention No. 1999 to order the vacation of the 20'
alley running east and west between Williams Street and Virginia
Street, north of Lake Street, in Block 169.
ROI 1999
n. Resolution of Intention No. 2000 preliminarily adopting, confirming
and approving the Public Works Director's Report for the
Consolidated Maintenance District ("CMD" herein) and the 2019-
2020 budget and setting the time and place for hearing protests
regarding the amount of park landscaping assessments to be
levied throughout the CMD.
R012000
3298
Bakersfield, California, June 5, 2019- Page 6
6. CONSENT CALENDAR continued
o. Resolution of Intention No. 2001 preliminarily adopting, confirming
and approving the Public Works Director's Report for the
Consolidated Maintenance District ("CMD" herein) and the 2019-
2020 budget and setting the time and place for hearing protests
regarding the amount of street and median landscaping
assessments to be levied throughout the CMD.
ROI 2001
P. Resolution of Intention No. 2002 preliminarily adopting, confirming
and approving the Public Works Director's Report for twenty-two
(22) Traffic Signal Maintenance Districts ("TSMD" herein) and their
2019-2020 budgets and setting the time and place for hearing
protests on the amount of Traffic Signal assessments to be levied for
each TSMD.
ROI 2002
Agreements:
q. Agreement with Cubic Vocality ($6,291) for purchase of push -to -
talk equipment needed for non-public safety two-way
communications project.
AGR 19-092
r. Agreement with V3 Inc. (not to exceed $200,000), for the
Bakersfield Amtrak Railroad Track Inspection Service.
AGR 19-093
S. Final Map, Improvement Agreement, and Landscape Agreement
with Summit Capital Ventures, Inc. and John Balfanz Homes, Inc. for
Tract 6578, Unit 8located south of Pensinger Road and east of Allen
Road.
AGR 19-094, AGR 19-095
t. Final Map for Tract 6739 located South of Berkshire Road, between
Old River Road and Buena Vista Road.
U. Planned Drainage Area Reimbursement Agreement with Auburn
Oaks Developers, LLC (not to exceed $276,036( for construction of
storm drain facilities on Morningstar Avenue east of Morning Drive.
AGR 19-097
J
3299
Bakersfield, California, June 5, 2019— Page 7
8. CONSENT CALENDAR continued
V. Amendment No. 1 to Agreement No. 17-161 with Tadna Homes Inc.,
for naming rights to Mesa Marin Sports Complex.
AGR 17-161(1)
W. Amendment No. 1 to Agreement No. CM 18-014 ($30,000; revised
not to exceed $70,000) with Mary Valenti, PH. D. for pre-
employment psychological screening examinations for Police
Department applicants.
AGR I9-098
X. Amendment No. 1 to Agreement No. 18-186 with Sierra Snow
Surveys ($70,560; revised not to exceed $130,560 and extend term),
to conduct snow surveying.
AGR 18-186(1)
Y. Amendment No. 6 to Agreement No. 15-185 with Kern Sprinkler
Landscaping, Inc. ($300,000; revised not to exceed $2,640,000 and
extend the term one year), for the continued supply of on-call
irrigation and landscape service.
AGR 15-185(6)
Z. Amendment No. I to Agreement No. 18-087 with ES Engineering
Services LLC ($82,000; revised not to exceed $164,000 and extend
the term one year), for landfill gas system services for the
Bakersfield Sanitary Landfill.
AGR 18-087(1)
aa. Amendment No. 1 to Agreement No. WR 17-015 with Live Oak
Associates, Inc. ($60,000; revised not to exceed $92,538 and extend
term), for the long term monitoring program for the Buena Vista
Lake Shrew within the Kern Fan Water Recharge Area.
AGR 19-099
ab. Amendment No. 2 to Agreement No. 17-110 with Sierra
Construction & Excavation, Inc. ($300,000; revised not to exceed
$2,300,000 and extend term), for the continued annual
maintenance and repairs on the City's domestic water system.
AGR 17-110(2)
I
3300
Bakersfield, California, June 5, 2019- Page 8
8. CONSENT CALENDAR continued ]]
ac. Amendment to agreements for on-call maintenance services at J
Wastewater Treatment Plant No. 2 and Wastewater Treatment
Plant No. 3:
Amendment No. 2 to Agreement No. 17-072 with Crider
Construction, Inc. - extend term by one year and increase
compensation by $100,000 (not to exceed $360,000).
AGR I7-072(2)
2. Amendment No. 1 to Agreement No. 17-073 with B.R. Frost
Company - extend term by one year and increase
compensation by $100,000 (not to exceed $300,000).
AGR 17-073(1)
3. Amendment No. 1 to Agreement No. 17-074 with W.M. Lyles
Co. - extend term by one year and increase compensation
by $100,000 (not to exceed $300,000).
AGR 17-074(1)
ad. Contract Change Order No. 2 to Agreement No. 18-181 with Cen-
Cal Construction, ($54,207.17; revised not to exceed $1,260,200.47)
for the construction of the Sidewalk Improvements Downtown
Pedestrian Connectivity Project.
AGR 18-181 CCO2
Bids:
ae. Accept bid from Dell Marketing, L.P., Round Rock, TX ($68,820.04)
for Dell® CAD/RMS VMware storage area network replacement for
the Technology Services Division.
of. Accept bid and approve contract to Kern Turf Supply, Inc.,
Bakersfield ($300,000) for the annual contract to supply irrigation
parts and supplies.
AGR 19-100
ag. Accept bid and approve contract to RM Industries, Bakersfield
($46,013.52) for janitorial maintenance for MCMurtrey Aquatic
Center.
AGR 19-101
P]
3301
Bakersfield, California, June 5, 2019- Page 9
8, CONSENT CALENDAR continued
ah. Purchase of riding mulching lawn mower for the Recreation and
Parks Department:
Accept bid from Kern Machinery, Bakersfield ($62,099.44) for
a riding mulching lawn mower.
2. Appropriate $63,000 Equipment Management Fund balance
to the Public Works Department's Operating Budget to fund
the purchase.
Miscellaneous:
al. Appropriate $5,508 in Proposition 1 B Transit System Safety, Security
and Disaster Response Account (TSSSDRA) funds within the
Proposition 1 B Fund to the Public Works Department's Capital
Improvement Budget.
at. Solid Waste Division Appropriations:
Appropriate $360,000 County Share of project cost to the
Public Works Department operating budget within the
Refuse Enterprise Fund.
2. Appropriate $240,000 Refuse Enterprise Fund Balance to the
Public Works Department's operating budget within the
Refuse Enterprise Fund.
ak. Authorize the Finance Director to write off accounts receivable in
various funds totaling $123,573.24 and forward nonbankrupt
accounts to a collection agency for additional collection efforts.
al. Revised Job Specification: Senior Sales Representative (25160)
Successor Agency Business:
am. Receive and file Successor Agency payments from May 10, 2019,
to May 23, 2019, in the amount of $2,750.00.
Public Safety/Vital Services Measure:
City Clerk Drimakis announced a staff memorandum was received
regarding item 8.a., correcting scrivener's errors on the minutes;
additional staff memorandums were received regarding items 8.n., 8.0.,
and 8.p., correcting the public hearing date and transmitting corrected
resolutions.
Motion by Vice -Mayor Parlier to adopt Consent Calendar items S.a.
through 8.am. Motion passed with CouncHmember Freeman absent.
3302
Bakersfield, California, June 5, 2019— Page 10
9. CONSENT CALENDAR PUBLIC HEARINGS
(Staff recommends conducting Consent Calendar Public Hearing and approval of items.)
None.
10. HEARINGS
a. Public Hearing to consider resolutions adopting refuse and
recycling rates for Fiscal Year 2019-2020:
Resolution adopting increases to Fiscal Year 2019-2020
refuse and recycling rates.
RES 078-19
2. Resolution providing for the collection of residential and
commercial refuse and recycling charges by the Kern
County Auditor -Controller's Office.
RES 079-19
(Staff recommends adoption of the resolutions.)
City Clerk Drimakis announced notices were mailed to 97,472
affected residential and commercial property owners regarding
item 10.o., and the City Clerk's Office received letters protesting the
increase in refuse and recycling rates for 7 parcels.
Public Works Director Fidler made staff comments.
Hearing item 10.o. opened at 6:09 p.m.
No one spoke.
Hearing item 10.a. closed at 6:10 p.m.
Motion by Vice -Mayor Parlier to adopt the resolutions. Motion
passed with Councilmember Freeman absent.
b. Public hearing for the Fiscal Year 2019-20 Operating and Capital
Improvement Program Budgets.
(Staff recommends City Council hear public testimony.)
Assistant City Manager Huot made staff comments.
Hearing item 10.b. opened at 6:11 p.m.
3303
Bakersfield, California, June 5, 2019- Page 11
10. HEARINGS continued
ITEM ID.E. CONTINUED
Kaelyn Peterson, Greater Bakersfield Chamber of Commerce
spoke in support of the staff recommendation and submitted
written material.
General comments not in favor or opposed were received from:
Jasmene del Aguila, Leadership Counsel for Justice and
Accountability; and Michael Turnipseed, Kern County Taxpayers
Association.
Hearing item 10.b. closed at 6:18 p.m.
11. REPORTS
None.
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
a. Police and Fire Vehicle Graphics and Decals.
(Staff recommends City Council determination.)
City Clerk Drimakis announced a staff memorandum was received
transmitting additional correspondence: 73 in support, 25 in
opposition, I unclear, and 1 transmitting questions to
Councilmember Sullivan; and a staff memorandum was received
transmitting an attachment that was inadvertently left out of the
original packet of correspondence.
Motion by Councilmember Sullivan to extend the time for public
statements. Motion passed with Councilmember Freeman absent.
Mayor Con recessed the meeting at 7:09 p.m. and reconvened the meeting at
7:19 p.m.
The following individuals spoke in opposition of placing "In God We
Trust' decals on Police and Fire vehicles: Estevan Ramirez; Shawn
DeGaugh (submitted written material); Jennifer Bloomquist
(submitted written material); Tracy Lopez; Rob Parsons (submitted
written material); Isabel Stierle (submitted written material; Olivia
Franzen (submitted written material); Cynthia Montgomery; Margie
Bell; Reverend Dawn Wilder, Emmanuel Lutheran Church; Kristine
Coons; Anke Hodenpiil; Ed Borgens; Beth Rodacken; Judy Long;
Jordan Wells, ACLU of Southern California; Mary Helen Barra; Neel
Sannappa; and Yvette Flores.
3304
Bakersfield, California, June 5, 2019- Page 12
13. NEW BUSINESS continued
The following individuals spoke in support of placing "in God We
Trust' decals on Police and Fire vehicles: Reverend Angelo Frazier
(submitted written material); Randy Thomasson submitted written
material); Brad Barnes; Curtis Bingham, Sr.; Robin Robinson; Ray
Scott; Brandon Martin; Don Clark; Mark Peterson; T.J. Esposito
(submitted written material); and Pastor Justin Medlock.
Motion by Councilmember Sullivan to add '7n God We Trust' decals
to Police and Fire vehicles. Motion passed with Councilmembers
Rivera and Gonzales voting no, and Councilmember Freeman
absent.
14. COUNCIL AND MAYOR STATEMENTS
Assistant City Manager Huot recognized Finance Director Smith on his
retirement and thanked him for his nearly 30 years of service to the city.
Councilmember Rivera requested staff look into the addition of art work
and signs near the Hwy 58, Chester Avenue, and H Street that direct
people downtown.
Councilmember Rivera requested staff explore repurposing the land by
the canal along H Street.
Councilmember Rivera requested median and streetscape improvements
be incorporated on Chester Avenue.
Councilmember Weir requested staff research certifications or processes
that align with ISO goals specifying repeatable steps that organizations
consciously implement to achieve their goals and objectives and to
create an organizational culture that reflexively engages in a continuous
cycle of sell -evaluation, correction and improvement of operations and
processes through heightened employee awareness and management
leadership and commitment; and requested staff present an analysis of
each option, including the pros and cons, of the first Council meeting in
July.
Vice -Mayor Parlier made comments regarding City Manager Tandy's
upcoming retirement and requested staff provide potential dates for a
Special City Council meeting to discuss the appointment process of a new
City Manager., and requested City Attorney Gennaro research which
aspects can be discussed in Closed Session and coordinate with each
Councilmember on potential meeting dates between the June 28th and
July 17th Council meetings.
Councilmember Smith congratulated Finance Director Smith on his
retirement.
3305
Bakersfield, California, June 5, 2019- Page 13
15, ADJOURNMENT
Mayor Goh adjourned the meeting in commemoration of D -Day and
those who sacrificed their lives for our freedom at 8:06 p.m.
KAREN GOH
MAYOR of the City of Bakersfield
ATTEST:
II
I i1 AMS ?M
JULVE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
3306 Bakersfield, California, June 5, 2019- Page 14
.,---THIS PACE INTENTIONALLY LEFT BLANK-***
i
i
i