HomeMy WebLinkAbout12/11/19 CC MINUTES1
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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)
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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.
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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:
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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.
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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