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HomeMy WebLinkAbout12/11/19 CC MINUTES1 1 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF DECEMBER 11, 2019 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, Weir, Smith Absent: Freeman, Sullivan 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: Hillary Bjorneboe v. City of Bakersfield, et al., Kern County Superior Court Case No. BCV -15-101298, SPC 2. Lupe Morean; Robert Morean vs. City of Bakersfield, Kern CountySuperior Court Case No. BCV -18-100599 3. First Amendment Coalition and Californians Aware, the Center for Public Forum Rights vs. City of Bakersfield, Kern County Superior Court Case No. BCV -17-102929, SDS Motion by Vice -Mayor Parlier to adjourn to Closed Session at 3:35 p.m. Motion passed with Councilmembers Freeman and Sullivan absent. The Closed Session meeting was adjourned at 4:29 p.m. Meeting reconvened at 4:33 p.m. 3428 3429 Bakersfield, California, December 11, 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. Hillary Bjorneboe v. City of Bakersfield, et al., Kern County Superior Court Case No. BCV -15-101298, SPC No reportable action - 2. Lupe Morean; Robert Morean vs. City of Bakersfield, Kern CountySuperior Court Case No. BCV -78-100599 By a unanimous vote of 5-0, with Councilmembers Freeman and Sullivan absent, the City Attorney was given direction. 3. First Amendment Coalition and Californians Aware, the Center for Public Forum Rights vs. City of Bakersfield, Kern County Superior Court Case No. BCV -17-102929, SDS No reportable action 6. ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting at 4:34 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 Kevin Hart, Bakersfield Central Seventh -day Adventist Church. 3. PLEDGE OF ALLEGIANCE by Troy Holman, 5th Grader at Stockdale Elementary School. 4. PRESENTATIONS a. Proclamation presented to Mike Connor, Street Maintenance Superintendent for 40 years of service to the City of Bakersfield's Public Works Department. Public Works Director Fidler made comments. Street Maintenance Superintendent Connor accepted the proclamation and made comments. 3430 Bakersfield, California, December 11, 2019- Page 3 4. PRESENTATIONS continued b. Retirement Plaque and gift card presented to Kevin Barnes, Solid Waste Director, for 25 years of service to the City of Bakersfield's Public Works Department. Public Works Director Fidler and Ray Scott, Keep America Beautiful, made comments. Solid Waste Director Barnes accepted the plaque and made comments. C. Presentation on Entrepreneurship by Mayor Karen K. Goh. Mayor Goh made comments. J.P. Lake, Kern Initiative for Talent and Entrepreneurship, made additional comments. Councilmember Rivera requested staff assist in setting up a meeting with the start-up organization. 5. PUBLIC STATEMENTS None. 6. WORKSHOPS None. 7. APPOINTMENTS a. One appointment (at large) to the Fire Department Civil Service Board due to the term expiration of Thomas W. Edmonds (term expires December 31, 2019). (Staff recommends City Council determination.) Assistant City Clerk Legge announced one application was received from incumbent, Thomas W. Edmonds. Motion by Vice -Mayor Parlier to reappoint Thomas W. Edmonds to a three-year term on the Fire Department Civil Service Board, term expiring December 31, 2022. Motion passed with Councilmember Freeman absent. b. One appointment (at large) to the Police Department Civil Service Board due to the term expiration of Mike Payne (term expires December 31, 2019). (Staff recommends City Council determination.) Assistant City Clerk Legge announced one application for appointment was received from Kathleen Ann Thompson. 3431 Bakersfield, California, December 11, 2019- Page 4 APPOINTMENTS continued ITEM 7.b. CONTINUED Motion by Vice -Mayor Parlier to appoint Kathleen Ann Thompson to a three-year term on the Police Department Civil Service Board, term expiring December 31, 2022. Motion passed with Councilmember Freeman absent. C. One appointment (at large) to the Miscellaneous Departments Civil Service Board due to the term expiration of Roy Maier (term expires December 31, 2019). (Staff recommends City Council determination.) Assistant City Clerk Legge announced one application for appointment was received from incumbent, Roy Maier. Motion by Vice -Mayor Parlier to reappoint Roy Maier to a three- year term on the Miscellaneous Departments Civil Service Board, term expiring December 31, 2022. Motion passed with Councilmember Freeman absent. d. One appointment (at large) to the Kern Mosquito and Vector Control District due to the term expiration of Flom Core (term expires December 31, 2019). (Staff recommends City Council determination.) Assistant City Clerk Legge announced applications for appointment were received from Florn Core and Gilbert De La Torre (ballots were used). Ward 1 Core Ward 2 Core Ward 3 Core Ward 4 Core Ward 5 Absent Ward 6 Core Ward 7 Core Motion by Vice -Mayor Parlier to reappoint Flom Core to a two-year term on the Kern Mosquito and Vector Control District, term expiring December 31, 2021. Motion passed with Councilmember Freeman absent. e. One appointment (at large) to the Board of Directors of the North of the River Recreation and Park District, due to the term expiration of member Brooks Douglass, term expires December 31, 2019. (Staff recommends Council determination.) Assistant City Clerk Legge announced one application has been received from incumbent, Brooks Douglass. 3432 Bakersfield, California, December 11, 2019- Page 5 7. APPOINTMENTS continued ITEM 7.e. CONTINUED Motion by Vice -Mayor Parlier to reappoint Brooks Douglass to a four-year term on the North of the River Recreation and Park District, term expiring December 31, 2023. Motion passed with Councilmember Freeman absent. Two appointments to the Bakersfield Youth Commission due to recent alternate commissioner vacancy for Ward 2 and alternate commissioner vacancy for Mayor (terms to expire on July 31, 2020). (Staff recommends Council determination.) Assistant City Clerk Legge announced applications for appointment were received from the following individuals: Gurpriya Kaur (Mayor Alternate); Amber Schweiger (Mayor Alternate or Ward 2); Sarah Garas (Mayor Alternate); and Samuel Baldovinos (Mayor Alternate). Mayor Goh nominated Samuel Baldovinos as the Mayor's alternate. Motion by Vice -Mayor Parlier to appoint Samuel Baldovinos as an alternate on the Bakersfield Youth Commission, term expiring July 31, 2020. Motion passed with Councilmember Freeman absent. Motion by Councilmember Gonzales to appoint Amber Schweiger as an alternate on the Bakersfield Youth Commission, term expiring July 31, 2020. Motion passed with Councilmember Freeman absent. 8. CONSENT CALENDAR (Staff recommends adoption of Consent Calendar items.) Minutes: a. Approval of the minutes of the November 20, ,2019, Regular City Council Meetings. Payments: b. Receive and file department payments from November 8, 2019 to November 21, 2019 in the amount of $22,357,063.77, Self Insurance payments from November 8, 2019 to November 21, 2019, in the amount of $672,830.55, totaling $23,029,894.32. Ordinances: C. First reading of ordinance amending Title 17 of the Bakersfield Municipal Code for the purpose of regulating design standards for retail developments. FR ONLY 3433 Bakersfield, California, December 11, 2019— Page 6 8. CONSENT CALENDAR continued Resolutions: d. 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 authorizing collection of the assessments by the Kern County Tax Collector. RES 186-19 e. Resolution reaffirming support for Proposition 13 and opposing a proposed statewide ballot initiative to change the current practice of assessment of property taxes. REMOVED FOR SEPARATE CONSIDERATION- SEE PAGE 12 f. Resolution to add Area 4-204 (625 34th Street) to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report. RES 188-19 g. Purchase of John Deere@ mowers 1. Resolution determining that John Deere@ mowers can most efficiently be obtained through cooperative procurement bidding procedures from John Deere@ Company and authorizing the Finance Director to dispense with bidding thereof, not to exceed $87,000. RES 189-19 2. Appropriate $22,000 Equipment Management Fund balance to the Public Works Department's Operating Budget to fund the purchase of two unbudgeted mowers. h. Sewer connection fee and McDonald Planned Sewer Area construction cost assessment for 137 Morrison Street: 1. Resolution confirming assessments for sewer connection fee and McDonald Planned Sewer Area construction cost and authorizing the collection of assessment by the Kern County Tax Collector. RES 190-19 1 1 1 3434 Bakersfield,, California, December 11, 2019— Page 7 8. CONSENT CALENDAR continued ITEM 8.h. CONTINUED 2. Agreement with Alma Lizbeth Garcia, 137 Morrison Street, to pay the sewer connection fee and construction cost through the Kern County Tax Collector. AGR 19-225 Mount Vernon Recycling Facility: Resolution 'determining that the rental of a green waste grinder cannot be reasonably obtained through the usual bidding procedures due to an operational emergency and authorizing the Finance Director to dispense with bidding thereof; not to exceed $126,653. RES 191-19 2. Appropriation of $127,000 from the Refuse Enterprise Fund to the Public Works Department's Operating Budget. 3. Agreement with Pape Machinery Co. for the rental of a green waste grinder, not to exceed $126,653. AGR 19-226 Amendment No. 25 to Resolution No. 44-93 setting salaries and related benefits for the Temporary Unit. RES 44-93(25) Agreements: k. Agreement with Kern High School District (not to exceed $50,000 paid to the City) for use of, aquatic facilities for practice and swim meets. AGR 19-227 I. Agreement with A -C Electric Company (not to exceed $275,000 annually) ,for electrical services at the Mount Vernon Recycling Facility for a one-year period, renewable annually for four Consecutive one-year periods. AGR 19-228 M. Agreement with Soils Engineering, Inc. ($786,225), to provide materials testing services for calendar years 2020 and 2021. AGR 19-229 3435 Bakersfield, California, December 11, 2019- Page 8 8. CONSENT CALENDAR continued n. Final Map for Tract 6297, Phase 3 located North of Redbank Road, between South Oswell Street and South Sterling Road. o. Final Map and Improvement Agreement with MG3 Partners LLC., a Delaware limited liability company (Developer) for Tract Map 6759, Unit 3, located South of Taft Highway and West of Mountain Ridge Drive.- AGR rive: AGR 19-230 P. Final Map, Improvement and Landscape Agreements with RGF Land Company, Inc., (Developer) for Tract 7261, Phase 1 located south of Panama Lane and east of Gosford Road. AGR 19-231, AGR 19-232 q. Final Map and Improvement Agreement with Castle & Cooke (Developer) for Tract 7302, Unit 1 located south of Ming Avenue. and east of Highgate Park Boulevard. AGR 19-233 r. Final Map and Improvement Agreement with Castle & Cooke for Tract 7302, Unit- 2 located south of Ming Avenue and east of Highgate Park Boulevard. AGR 19-234 Final Map and Improvement Agreement with Castle & Cooke for Tract 7302, Unit- 3 located, south of Ming Avenue and east of Highgate Park Boulevard. AGR 19-235 t. Final Map and Private Improvement Agreement with Castle & Cooke California, Inc. (Developer) for Tract 7354, Unit 1 located west of Highgate Park Boulevard and south of Ming Avenue. AGR 19-236 U. Final Map and Private Improvement Agreement with Castle & Cooke California, Inc. (Developer) for Tract 7354, Unit 2 located west of Highgate Park Boulevard and south of Ming Avenue. AGR 19-237 V. Agreement with Castle and Cooke California, Inc., a California corporation ($117,000), for the purchase of real property located southwest of Ming Avenue and Highgate Park Boulevard for a domestic water well site. AGR 19-238 3436 Bakersfield, California, December 11, 2019- Page 9 8. CONSENT CALENDAR continued W. Agreement with RGF Land Company, Inc., a California corporation ($160,000), for the purchase of real property located west of Gosford Road between Panama Lane and Berkshire Road for a domestic water well site. AGR 19-239 X. Consultant agreements to provide on-call construction inspection services for development projects and the capital improvement program during Fiscal Years 2020-21: 1. Agreement with McIntosh & Associates Engineering, Inc., (not to exceed $400,000). AGR 19-240 2. Agreement with Meyer Civil Engineering, Inc., (not to exceed $400,000). AGR 19-241 3. Agreement with AECOM (not to exceed $400,000). AGR 19-242 Y. Amendment No. 2 to Agreement No. 17-202 with Applied LNG Technologies, LLC ($500,000; revised not to exceed $1,500,000; and extend the term one year) for supply of LNG fuel. AGR 17-202(2) Z. Amendment No. 1 to Agreement No. 19-061 to modify the initial rent schedule and add additional requirements of the HOME program. AGR 19-061(1) aa. Amendment No. 1 to Design Consultant Agreement No. 18-012 with AECOM Technical Services ($13,000; revised not to exceed $229,000) to design two storm drain lift stations located at the pistol range and the Talisman sump south of Talisman Drive. AGR 18-012(1) ab. Amendment No. 2 to Agreement No. 17-193 with NV5, Inc. ($200,000; revised not to exceed $600,000 and extend term by one year) for "on-call" inspection services for MCI/Verizon communication project. AGR 17-193(2) 3437 Bakersfield, California, December 11, 2019- Page 10 8. CONSENT CALENDAR continued ac. Amendment No. 1 to Agreement No. 18-197 with CSI Services, Inc. ($50,000; revised not to exceed $110,000 and extend term by one year), to provide coating inspection services for Primary Clarifiers No. 5 through 8 Rehabilitation Project at Wastewater Treatment Plant No. 3 on an "on call, as needed" basis. AGR 18-197(1) ad. Amendment No. 6 to Agreement No. 12-120 with T.Y.LIN International, for extension of time for closeout activities associated with the State Route 178 Widening Project. AGR 12-120(6) ae. Contract Change Order No. 42 to Agreement No. 18-135 with Granite Construction ($38,896.76; not to exceed $35,959,745.45) for the Belle Terrace Operational Improvement Project. AGR 18-135 CCO 42 af. Contract Change Order Nos. 12 and 38 with Griffith Company for 24th Street Project ($105,000; revised not to exceed $28,964,113.52) for the 24th Street Operational Improvement Project. AGR 18-154 CCO 12, CCO 38 Bids: ag. Accept bid from Resource Machinery & Engineering, Ventura, California ($151,550) for a portable 80'x 36" wide electric radial stacking conveyor for the Mt. Vernon Greenwaste Facility. ah. Accept bid from Resource Machinery & Engineering, Ventura, California ($203,120.30) for a portable belt feeder for the Mt. Vernon Green Waste Facility. ai. Purchase of a sorting station for the Mt. Vernon Green Waste Facility: Accept bid from Ecoverse Industries, Avon, OH ($294,935.79) for a sorting station with radial stacking conveyor and portable feed hopper. 2. Appropriate $129,936 Equipment Management Fund balance to the Public Works Department's Operating Budget to fund the purchase cost of a sorting station. L 3438 Bakersfield, California, December 11, 2019— Page 11 8. CONSENT CALENDAR continued aj. Accept bid and approve contract with GSE Construction Company, Inc. ($1,297,000), for Wastewater Treatment Plant No. 3 Primary Clarifiers 5 & 7 Rehabilitation Project. AGR 19-243 ak. Retaining Wall on College Avenue between Flintridge Drive and Fairfax Road: 1. Accept and approve contract with Nicholas Construction, Inc. ($467,500), for said project. AGR 19-244 2. Accept and approve Encroachment Permit with East Niles Community Services District for said project. AGR 19-245 Miscellaneous: al. Appropriate $18,428.66 Firehouse Subs Public Safety Foundation grant revenue to the Fire Department Operating budget within the General Fund for the purchase of inflatable motorized rescue boat with trailer. am. Review and acceptance of the Fiscal Year 2018-2019 Annual Compliance Report for Park Impact Fees prepared in accordance with California Government Code §66006. an. Fiscal Year 2018-2019 Annual Compliance Report for Bridge Crossings and Major Thoroughfare Fees prepared in accordance with California Government Code §66006. ao. Fiscal Year 2018-2019 Annual Compliance Report for Planned Drainage Area Fees prepared in accordance with California Government Code §66006. ap. Fiscal Year 2018-2019 Annual Compliance Report for Planned Sewer Area Fees prepared in accordance with California Government Code §66006. aq. Fiscal Year 2018-2019 Annual Compliance Report for Transportation Impact Fees prepared in accordance with California Government Code §66006. Successor Agency Business: Public Safety/Vital Services Measure: 3439 Bakersfield, California, December 11, 2019- Page 12 S. CONSENT CALENDAR continued ar. Amendment No. 1 to Agreement No. 17-184 with Gutierrez/Associates (no change in compensation and extend the term of the Agreement) for the Baffling System Retrofit at the Existing Bakersfield Police Department Firearms Range. AGR 17-184(1) Councilmember Weir requested item 8.e. be removed for separate consideration. Motion by Vice -Mayor Parlier to adopt Consent Calendar items 8.a. through 8.ar., with the removal of item 8.e. for separate consideration. Motion passed with Councilmember Freeman absent. e. Resolution reaffirming support for Proposition 13 and -opposing a proposed statewide ballot initiative to change the current practice of assessment of property taxes. RES 187-19 Motion by Councilmember Weir to adopt Consent Calendar item 8.e. Motion passed with Councilmember Freeman absent. 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS a. Bakersfield Brentwood LP Brentwood Crossings Apartments: 1. Resolution approving the issuance of revenue bonds by the California Municipal Finance Authority ("CMFA") for the purpose of financing or refinancing the acquisition, construction, improvement and equipping of Brentwood Crossing apartments and certain other matters relating thereto. RES 192-19 2. Indemnification Agreement between the City and Bakersfield Brentwood LP. AGR 19-246 (Staff recommends conducting a public hearing, adoption of the resolution, and approval of the Indemnification Agreement.) Development Services Director Boyle made staff comments and provide a PowerPoint presentation. Hearing item 10.a. opened at 6:10 p.m. 3440 Bakersfield, California, December 11, 2019- Page 13 10. HEARINGS ITEM 10.a. CONTINUED No one spoke. Hearing item 10.a. closed at 6:11 p.m. Motion by Councilmember Weir to approve the staff recommendation. Motion passed with Councilmember Freeman absent. 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Vice -Mayor Parlier requested a resolution in support of Reducing Crime and Keeping California Safe Act of 2020. Vice Mayor Parlier requested the issue of illegal street racing be referred to the Safe Neighborhoods Committee for discussion; and requested staff conduct a forum and review feedback from the community on the issue citywide. Mayor Goh expressed appreciation to Vice -Mayor Parlier for representing the city at the League of California Cities Board of Directors meeting; and spoke in support of the Reducing Crime and Keeping California Safe Act of 2020. Councilmember Sullivan made comments regarding City Manager Tandy's upcoming retirement. 15. ADJOURNMENT Mayor Goh adjourned the eeting at 6. p.m. KARE GOH MAYOR of the City of Bakersfield ATTEST: JULIE DRI AKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield