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HomeMy WebLinkAbout10/23/19 CC MINUTES3393 NOTICE OF CANCELLATION OF THE BAKERSFIELD CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the Bakersfield City Council Meeting to be held on October 23, 2019 at 3:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California has been canceled. Notice is hereby further given that a Special Meeting of the Bakersfield City Council will be held on Wednesday, October 23, 2019 at 4:00 p.m., in the Council Chambers of City Hall, 1501 Truxtun Avenue. Julie Drimakis, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 1 O� B A K E R S F I E L D NOTICE OF CANCELLATION OF THE BAKERSFIELD CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the Bakersfield City Council Meeting to be held on October 23, 2019 at 3:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California has been canceled. Notice is hereby further given that a Special Meeting of the Bakersfield City Council will be held on Wednesday, October 23, 2019 at 4:00 p.m., in the Council Chambers of City Hall, 1501 Truxtun Avenue. Julie Drimakis, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 1 1 11 1 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF OCTOBER 23, 2019 Council Chambers, City Hall, 1501 Truxtun Avenue Special Meetings- 4:00 p.m. and 5:15 p.m. SPECIAL MEETING -4:00 PM 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera, Gonzales (seated at 4:01 p.m.), Smith, Freeman, Sullivan Absent: Weir 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. 4. CLOSED SESSION a. Closed session pursuant to Government Code section 54957(b) (1) to consider/discuss the employment of the City Manager (respond to his October 8th 2019 email concerning his retirement). b. Conference with Legal Counsel — Existing Litigation; Closed session pursuant to Government Code section 54956.9(d)(1) regarding Kiaie, et al. v. City of Bakersfield. Motion by Vice -Mayor Parlier to adjourn to Closed Session at 4:01 p.m. Motion passed with Councilmember Weir absent. The Closed Session meeting was adjourned at 4:32 p.m. Meeting reconvened at 4:38 p.m. 3395 3396 5. 6. Bakersfield, California, October 23, 2019– Page 2 CLOSED SESSION ACTION a. "Closed session pursuant to Government Code section 54957(b) (1) to consider/discuss the employment of the City Manager (respond to his October 8th 2019 email concerning his retirement)". Vice -Mayor Parlier announced the City Council has accepted City Manager Tandy's last day, before retirement, as January 10, 2020. b. Conference with Legal Counsel — Existing Litigation; Closed session pursuant to Government Code section 54956.9(d) (1) regarding Kiaie, et al. v. City of Bakersfield. By a 6-0 vote, with Councilmember Weir absent, the City Attorney was authorized to take the appropriate steps to resolve this matter. ADJOURNMENT Mayor Goh adjourned the 4:00 p.m. meeting at 4:39 p.m. SPECIAL MEETING- 5:15 p.m. 1. 2. 3. 4. ROLL CALL Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera, Gonzales, Smith, Freeman, Sullivan Absent: Weir INVOCATION by Reverend Sylvia Lack, Vessels of Honor. PLEDGE OF ALLEGIANCE by Denisse Silva, Graduate Student at California State University Bakersfield. Mayor Goh presented the Mayor's Medal to Ms. Silva in recognition of receiving the 2019 California State University Trustees' Award for outstanding achievement. PRESENTATIONS a. Certificate of Recognition to David Gleeson, owner of the Polo Saddle Drive home, awarded Yard of the Season, Summer 2019. Mr. Gleeson accepted the certificate and made comments. 1 1 1 3397 Bakersfield, California, October 23, 2019— Page 3 5. PUBLIC STATEMENTS a. Tina Bengtson expressed concern with street lights and poor road conditions in the area of Cottonwood Road and East Planz Road. b. Isaiah Crompton stated a Southeast Bakersfield Community meeting was held on October 8, 2019, to address concerns in Ward 1; the residents are concerned about sidewalks, curbs, parks, and lighting; and requested the Council address these issues. C. Heather Pennella, Keep Bakersfield Beautiful, announced Make a Difference Day will be held this Saturday, October 26th; stated America Recycles Day will be held on November 9th; and submitted written material. d. The following individuals spoke regarding Deferred Business item 12. a., pertaining to Accessory Dwelling Units: Bill Descary; Joseph Kandle (submitted written material); Gary Simmons; Janice Knowlton; and John Knowlton. 6. WORKSHOPS None. 7. APPOINTMENTS None. 8. CONSENT CALENDAR (Staff recommends adoption of Consent Calendar items.) Minutes: a. Approval of minutes of the September 25, 2019, Regular City Council Meetings. Payments: b. Receive and file department payments from September 13, 2019, to October 10, 2019, in the amount of $38,595,333.97; Self Insurance payments from September 13, 2019, to October 10, 2019, in the amount of $862,264.09, totaling $39,457,598.06. Ordinances: C. First reading of ordinance amending Section 17.58.120 of the Bakersfield Municipal Code relating to parking space requirements within the "central district" and other mixed-use areas. REMOVED FOR SEPARATE CONSIDERATION d. First reading of ordinance amending Chapter 15.65 of the Bakersfield Municipal Code relating to the California Fire Code. FR ONLY 3398 Bakersfield, California, October 23, 2019— Page 4 8. CONSENT CALENDAR continued e. Adoption of an ordinance amending Sections 15.04, 15.05, 15.07, 15.09, 15.1 1, 15.13, 15.15, 15.17, and 15.19 of the Bakersfield Municipal Code, relating to the Building and Construction codes, specifically, the California Building Code, Mechanical Code, Plumbing Code, Electrical Code, Existing Building Code, Historical Building Code, California Residential Code, and California Green Building Code, 2019 editions. (FR 9/25/2019) ORD 4994 Resolutions: f. Resolution determining that Active Shooter Kits from Victory Tactical Gear, LLC. cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $174,000. RES 159-19 g. Resolution setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units. RES 160-19 h. Resolutions setting salaries and related benefits: 1. Resolution approving the Memorandum of Understanding, setting salaries and related benefits for Firefighters and Fire Engineers Unit represented by the Bakersfield Firefighters Labor Organization (BFLO). RES 161-19 2. Resolution approving the Memorandum of Understanding, setting salaries and related benefits for Fire Supervisory represented by the Bakersfield Firefighters Labor Organization (BFLO). RES 162-19 Resolution dispensing with bidding under section 3.20.060(D) (5) of the Bakersfield Municipal Code relating to the design/build construction procurement process for the upgrade and replacement of the television broadcasting and recording equipment in use in the City Council chambers. RES 163-19 1 3399 Bakersfield, California, October 23, 2019- Page 5 8. CONSENT CALENDAR continued j. Geotab Global Positioning System (GPS) equipment and fleet tracking systems: Resolution of the Bakersfield City Council dispensing with formal bidding procedures in the purchase of Geotab USA global positioning system (GPS) equipment and monthly monitoring from Blackhole Technologies Inc. and authorizing the use of cooperative procurement contracts for the purchase of the said items, not to exceed $470,000. RES 164-19 2. Agreement with Blackhole Technologies, Inc. for service, installation and repair of GPS equipment (not to exceed $120,000 for a three year term). AGR 19-189 k. Emergency repair to 2016 Caterpillar Asphalt Paver: 1. Resolution dispensing with bidding due to emergency repairs of asphalt paver, and authorizing Quinn Company to perform necessary repairs, not to exceed $61,500. RES 165-19 2. Amendment No. 1 to Agreement No. PW19-079 with Quinn Company ($61,500; revised not to exceed $101,500), for service and repair of construction and off-road equipment. AGR 19-190 I. Resolutions to add the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: 1. Area 1-126 (3915 Rosedale Highway) - Ward 3 RES 166-19 2. Area 4-202 (1 1 18 Murdock Street) - Ward 1 RES 167-19 M. Resolutions of Intention (ROI) 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. 2023 adding Area 3-114 (9801 Compagnoni Street) - Ward 6 R012023 3400 Bakersfield, California, October 23, 2019- Page 6 8. CONSENT CALENDAR continued ITEM 8.m. CONTINUED 2. ROI No. 2024 adding Area 4-203 (314 H Street) - Ward 2 R012024 3. ROI No. 2025 adding Area 5-101 (Tract 7322 - Berkshire Road approximately 1000' east of South H Street) - Ward 7 R012025 4. ROI No. 2026 adding Area 5-102 (4915 South H Street) - Ward 7 R012026 5. ROI No. 2027 adding Area 5-103 (52 Planz Road) - Ward 1 R012027 Agreements: n. Approval of FY2019-20 Emergency Solutions Grant (ESG) Agreements: 1. Bethany Services/Bakersfield Homeless Center ($67,438) for ESG funds to provide Emergency Shelter Services at 1600 East Truxtun Avenue; AGR 19-191 2. The Mission at Kern County ($66,000) for ESG funds to support Emergency Shelter activities at 816 E. 21 st Street; AGR 19-192 3. Alliance Against Family Violence and Sexual Assault ($28,164) for ESG funds to support Emergency Shelter services administered atl921 19th Street; AGR 19-193 4. Flood Bakersfield Ministries ($23,625) for ESG funds for Street Outreach services administered at 601 24th Street; and AGR 19-194 5. Bethany Services/Bakersfield Homeless Center ($100,332) for ESG funds to provide Rapid Re -Housing Program services administered at 1600 East Truxtun Avenue. AGR 19-195 3401 Bakersfield, California, October 23, 2019- Page 7 8. CONSENT CALENDAR continued o. Approval of FY2019-20 Community Development Block Grant (CDBG) Agreements: 1. Agreement with Bakersfield Senior Center, Inc. ($90,000), of Community Development Block Grant funds for operational expenses at 530 4th Street. AGR 19-196 2. The Mission at Kern County ($35,000) of CDBG funds to support Emergency Shelter activities at 816 E. 21 st Street. AGR 19-197 P. Agreement with Paymentus Corporation to provide electronic bill payment services for utilities, business licenses, and other customer charges. AGR 19-198 q. Hold Harmless Agreement between the Bakersfield Fire Department and California Water Service Company. AGR 19-199 r. Reimbursement Agreement with North Kern Water Storage District (not to exceed $182,397.75 for 2019 through 2022) for Weather Modification Program. AGR 19-200 S. Agreement with W3i Engineering ($98,750) to provide design and engineering services for Wastewater Treatment Plant No. 2 Digester Mixing Pumps and Sludge Recirculation Pumps and Wastewater Treatment Plant No. 3 Sludge Recirculation Pumps Replacement Project. AGR 19-201 Final Map, Improvement Agreement and Landscape agreement with Woodside 06 N, LP (Developer) for Tract Map 6419, Phase 4 located East of Quail Creek Road and South of Etchart Road. AGR 19-202, AGR 19-203 U. Final Map and Improvement Agreement with Castle & Cooke a California Inc. (Developer) for Tract 7299, Unit 3 located South of Ming Avenue and East of Highgate Park Boulevard. AGR 19-204 3402 Bakersfield, California, October 23, 2019- Page 8 8. CONSENT CALENDAR continued V. Final Map and Improvement Agreement with Castle & Cooke a California Inc. (Developer) for Tract 7299, Unit 6 located South of Ming Avenue and East of Highgate Park Boulevard. AGR 19-205 W. Final Map and Improvement Agreement with Castle & Cooke a California Inc. (Developer) for Tract 7300, Unit 5 located South of Ming Avenue and East of Highgate Park Boulevard. AGR 19-206 X. Transportation Impact Fee Credit Agreement with Castle & Cooke California, Inc. (not to exceed $330,450), for construction of Allen Road between White Lane and Ming Avenue. AGR 19-207 Y. Transportation Impact Fee Credit Agreement with Castle & Cooke California, Inc. (not to exceed $387,487), for construction of Ming Avenue west of Allen Road along the frontage of Tentative Tract 7299. AGR 19-208 Z. Transportation Impact Fee Credit Agreement with Castle & Cooke California, Inc. (not to exceed $557,098), for construction of Ming Avenue west of Allen Road along the frontage of Tentative Tract Maps 7255 & 7256. AGR 19-209 aa. Transformative Climate Communities Grant Program - Grant funds to conduct planning activities related to affordable housing, workforce development and alternative transportation in Downtown Bakersfield. 1. Agreement with Dudek, to implement required components, tasks and deliverables for the City of Bakersfield's Transformative Climate Communities Planning Grant Project; and AGR 19-210 2. Appropriate $200,000 in Transformative Climate Communities Grant funds to the Development Services Operating budget in the General Fund. ab. Amendment No. 1 to Agreement No. 17-056 with Clifford & Brown ($50,000) to provide outside legal services in the matter of Hillary Bjorneboe v. City of Bakersfield. AGR 17-056(1) 3403 Bakersfield, California, October 23, 2019- Page 9 8. CONSENT CALENDAR continued ac. Amendment No. 1 to Agreement No. CID 18-051 with Muxlow Construction (not to exceed $80,000 HUD Community Development Block Grant (CDBG) funds) to provide handicap accessibility improvement services to qualified low-income residents in privately owned structures. AGR 19-214 ad. Amendment No. 5 to Agreement No. 17-002 with Trans -West Security Services, Inc. ($278,223; revised not to exceed $662,892 and extend term one year), for continued park security services. AGR 17-002(5) ae. Amendment No. 1 to Agreement No. 19-183 with Asela Environmental Inc. ($13,275; revised not to exceed $104,015), to provide additional cleanup services to Downtown and Old Town Kern neighborhoods of Bakersfield. REMOVED FOR SEPARATE CONSIDERATION af. Amendment No. 1 to Agreement No. 17-130 with Clean Energy ($75,000; revised not to exceed $275,000) to perform inspections, maintenance, and repairs of the Liquefied and Compressed Natural Gas (LCNG) fueling facilities. AGR 17-130(1) ag. Amendment No. 1 to Agreement No. 19-043 with Argo Chemical, Inc. ($55,000; revised not to exceed $100,000), to continue the supply of pool chemicals. AGR 19-043(1) ah. Amendment No. 1 to Agreement No. 18-179 with JCI Jones Chemicals, Inc. ($60,000; revised not to exceed $120,000), to continue the supply of sodium hypochlorite. AGR 18-179(1) ai. Amendment No. 3 to Agreement No. 16-265 with Rotational Molding, Inc. ($400,000; revised not to exceed $1,809,400 and extend term one year), to continue the supply of refuse and recycling carts. AGR I6-265(3) aj. Amendment No. 1 to Agreement No. 17-190 with Soils Engineering, Inc. ($175,000; revised not to exceed $896,750), for material testing services for various Capital Improvement Projects, Calendar Years 2018 and 2019. AGR 17-190(1) 3404 Bakersfield, California, October 23, 2019- Page 10 8. CONSENT CALENDAR continued ak. Contract Change Order No. 1 to Agreement No. 18-153 with WM Lyles Co. ($23,467.36; revised not to exceed $892,977.36), for the Tevis Ranch PDA - Lift Station Project. AGR 18-153 CCO 1 al. Contract Change Order No. 32, 44, and 47 to Agreement No. 18- 135 with Granite Construction ($156,841.70; revised not to exceed $35,920,848.69) for the Belle Terrace Operational Improvements Project. AGR 18-135 CCO 32, CCO 44, CCO 47 am. Contract Change Order Nos. 20, and 28 to Agreement No. 18-154 with Griffith Company ($62,500; revised not to exceed $28,852,052.37) for 24th Street Operational Improvement Project. AGR 18-154 CCO 20, CCO 28 an. Contract Change Order No. 39 to Agreement No. 17-044 with Security Paving Company ($75,000; revised not to exceed $42,110,425.19) for the Kern River Bridge Improvement Project. AGR 17-044 CCO 39 ao. Contract Change Order Nos. 2, and 3 to Agreement No. 18-200 with Griffith Company ($77,286.54; revised not to exceed $6,915,070.54) for Stockdale Hwy and Enos Lane/SR 43 Roundabout Project. AGR 18-200 CCO 2, CCO 3 ap. Contract Change Order No. 1 to Agreement No. 18-176 with Security Paving Company ($95,012; revised not to exceed $48,788,947) for the Bakersfield Freeway Connector Project. AGR 18-176 CCO 1 Bids: aq. Reject all bids for Storm Water Pump Station: Police Department Pistol Range Project. ar. Accept bid from Golden Star Technology, Inc., Cerritos, California ($61,428.38) for Juniper® extended warranty for the Technology Services Division. as. Accept bid and approve contract to Midstate Sheetmetal, Inc., Bakersfield ($103,350) for the Fire Station 10 re -roof project. AGR 19-211 3405 Bakersfield, California, October 23, 2019- Page 11 8. CONSENT CALENDAR continued at. Accept bid and approve contract with Griffith Company ($449,330) for Street Widening: Wible Road, Between Esperanza Drive and Medallion Rose Avenue. AGR 19-212 au. Accept bid and approve contract with Bowman Asphalt, Inc. ($882,851), for the Street Improvements and Widening on Panama Lane from Young Street to Cactus Patch Drive. AGR 19-213 Miscellaneous: Successor Agency Business: ay. Receive and file Successor Agency payments from September 13, 2019, to October 23, 2019, in the amount of $187,262.50. Public Safety Vital Services Measure: aw. Resolution dispensing with bidding procedures, authorizing American Emergency Products California to outfit police vehicles, and authorizing Finance Director to dispense with bidding, not to exceed $1,550,000 due to Public Safety concerns. RES 168-19 City Clerk Drimakis announced a staff memorandum was received regarding item 8.c., transmitting correspondence. Councilmember Gonzales requested item 8.c. be removed for separate consideration. Councilmember Rivera requested item 8.ae. be removed for separate consideration. Motion by Vice -Mayor Parlier to adopt Consent Calendar items 8.a. through 8.aw, with the removal of items 8.c. and 8.ae. for separate consideration. Motion passed with Councilmember Weir absent. C. First reading of ordinance amending Section 17.58.120 of the Bakersfield Municipal Code relating to parking space requirements within the "central district" and other mixed-use areas. FR ONLY Motion by Councilmember Gonzales to adopt Consent Calendar item 8.c., and requested staff provide a presentation regarding this matter at the second reading of the ordinance. Motion passed with Councilmember Weir absent. 3406 Bakersfield, California, October 23, 2019— Page 12 8. CONSENT CALENDAR continued ae. Amendment No. 1 to Agreement No. 19-183 with Asela Environmental Inc. ($13,275; revised not to exceed $104,015), to provide additional cleanup services to Downtown and Old Town Kern neighborhoods of Bakersfield. AGR 19-183(1) Motion by Councilmember Rivera to adopt Consent Calendar item 8.ae. Motion passed with Councilmember Weir absent. 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS a. Appeal by Keith Lawless of the September 10, 2019 decision of the Board of Zoning Adjustment to approve a conditional use permit to allow an indoor banquet venue in the C-1 (Neighborhood Commercial Zone) district, located at 2520 Brundage Lane. (Staff recommends adopting the resolution upholding the decision of the Board of Zoning Adjustment and approving Conditional Use Permit No. 18-0397.) RES 169-19 City Clerk Drimakis announced a staff memorandum was received transmitting correspondence regarding item 10.a. Planning Director Coyle made staff comments and provided a PowerPoint presentation. Hearing item 10.a. opened at 6:04 p.m. Keith Lawless and Greg Carlon spoke in opposition to the staff recommendation. Timothy Stormont and Will Winn spoke in favor of the staff recommendation. Hearing item 10.a. closed at 6:17 p.m. Motion by Councilmember Gonzales to adopt the resolution. Motion passed with Councilmember Weir absent. b. Public Hearing to consider resolution setting Domestic Water Availability Fee for service areas of the City of Bakersfield Domestic Water system. RES 170-19 Water Resources Manager Chianello made staff comments. 3407 Bakersfield, California, October 23, 2019- Page 13 10. HEARINGS continued ITEM 10.b. CONTINUED Hearing item 10.b. opened at 6:22 p.m. No one spoke. Hearing item 10.b. closed at 6:23 p.m. Motion by Vice -Mayor Parlier to adopt the resolution. Motion passed with Councilmember Weir absent. 11. REPORTS a. Update from the City Council Ad -Hoc Committee related to the recruitment efforts for the position of City Manager. Councilmember Freeman provided an update on the recruitment efforts. 12. DEFERRED BUSINESS a. Ordinances amending Sections 17.04.539, 17.58.110, and Chapter 17.65 of the Bakersfield Municipal Code relating to Accessory Dwelling Units. Two Options: 1. Adopt two ordinances regarding Accessory Dwelling Units: (1) reducing parking requirement for Accessory Dwelling Units, and (2) waiving all impact fees and removing the owner occupancy requirement for Accessory Dwelling Units (FR 09/11/19) ORD 4995, ORD 4996 2. First reading of ordinance mirroring state law regarding Accessory Dwelling Units. (Staff recommends City Council determination.) City Clerk Drimakis announced a staff memorandum was received transmitting correspondence regarding this item. Planning Director Coyle made staff comments and provided a PowerPoint presentation. Motion by Vice -Mayor Parlier to approve option 1. Motion by Councilmember Freeman to approve option 1, with a modification to alter the language to state that it will revert to requiring owner occupancy for Accessory Dwelling Units, after January 1, 2025. Motion failed with Vice -Mayor Parlier, Councilmembers Rivera, Gonzales, and Smith voting no; and Councilmember Weir absent. 3408 Bakersfield, California, October 23, 2019- Page 14 12. DEFERRED BUSINESS continued Motion 'by Vice -Mayor Parlier to approve option 1. Motion passed with Councilmember Freeman voting no, and Councilmember Weir absent. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Rivera requested the Legislative and Litigation Committee explore the possibility of creating an ordinance banning the use of shopping carts in City parks. Councilmember Smith made comments regarding the report that Improvement District No. 4 of the Kern County Water Agency will be running water in the Kern River channel, for groundwater recharge purposes, for the next couple of months. Councilmember Smith expressed appreciation to staff organizing the Bakersfield Marathon. Councilmember Smith requested staff draft a Resolution in support of continuing improvements on Highway 46. Vice -Mayor Parlier requested the Legislative and Litigation Committee discuss the possibility of a Municipal Code cleanup regarding junk vehicles. Vice -Mayor Parlier announced that he and Councilmember Rivera will attend the annual Trunk or Treat event held at Planz Park on Tuesday, October 29th. Mayor Goh advised that a delegation of students and educators, from Saint Jean de Luz, have been visiting with the City to explore the possibility of a Sister City relationship. 1 Bakersfield, California, October 23, 2019— Page 15 15. ADJOURNMENT Mayor Goh adjourned the meeting, in honor of the delegation from Saint Jean de Luz, and in celebration of our friendship at 6:41 p.m. KAREN GOH MAYOR of the City of Bakersfield ATTEST: n JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 1 1 3409