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HomeMy WebLinkAbout01/22/20 CC MINUTES1 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 22, 2020 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, Freeman (seated at 4:06 p.m.), Sullivan (seated at 3:37 p.m.) Absent: None 2. PUBLIC STATEMENTS None. 3. WORKSHOPS a. Wastewater Revenue Refunding Bonds Series 202OA: 1. Resolution authorizing the issuance and sale of not to exceed $14,000,000 in aggregate principal amount of City of Bakersfield, California Wastewater Revenue Refunding Bonds Series 2020A, approving a Fifth Supplemental Trust Indenture, an Official Statement, a Forward Bond Purchase Contract, an.Escrow Agreement, a Continuing Disclosure Certificate and authorizing and directing additional actions in connection with the issuance of the Revenue Refunding Bonds. RES 007-2020, AGR 2020-017 2. Appropriate $12,000,000 Sewer Enterprise Fund balance to the Public Works Non -departmental Budget within the Sewer Service -Plant No. 3 Fund for the call of a portion of the 2015A Wastewater Revenue Bond. (Staff recommends adoption of resolution.) Finance Director McKeegan made staff comments and provided a PowerPoint presentation. Motion by Vice -Mayor Parlier to adopt the resolution. Motion passed with Councilmember Freeman absent. 3458' 3459 Bakersfield, California, January 22, 2020- Page 2 4. CLOSED SESSION a. Conference with Legal Counsel —.Existing Litigation; Closed Session pursuant to Government Code section 54956.9 (d) (1) for the following: First Amendment Coalition and Californians Aware, the Center for Public Forum Rights vs. City of Bakersfield, Kern County Superior Court Case No. BCV -1 7-1 02 92 9 2. Michael Crowe vs. City of Bakersfield, Kern County Superior Court Case No. BCV -17-101776 3. Cynthia Dowell, Arturo Sanchez vs. City of Bakersfield, et al. Kern County Superior Court Case No. BCV -1 7-1 02673 Motion by Vice -Mayor Parlier to adjourn to Closed Session at 3:38 p.m. Motion passed with Councilmember Freeman absent. The Closed Session meeting was adjourned at 4:28 p.m. Meeting reconvened at 4:30 p.m. 5. CLOSED SESSION ACTION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) for the following: 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 No reportable action. 2. Michael Crowe vs. City of Bakersfield, Kern County Superior Court Case No. BCV -17-101776 By a 6-0 vote, with Councilmember Freeman absent, staff was given direction. 3. Cynthia Dowell; Arturo Sanchez vs. City of Bakersfield, et al. Kern County Superior Court Case No. BCV -17-102673 By a unanimous vote, staff was given direction. 6. ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting. at 4:32 p.m. 3460 Bakersfield, California, January 22, 2020— Page 3 REGULAR MEETING- 5:15 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera, Gonzales, Weir, Smith, Freeman, Sullivan Absent: None 2. INVOCATION by Pastor Steve Watkin, Calvary Church of God in Christ. 3. PLEDGE OF ALLEGIANCE by JoVi Mongold, Freshman at Bakersfield Christian High School. Mayor Goh presented a medal to Ms. Mongold in recognition of winning the title of Miss California Junior Teen and the second runner up in the National American Miss Junior Teen. 4. PRESENTATIONS a. Proclamation to the Ford Dream Builders Team Garlic Company - Project Homelessness, declaring Homelessness Awareness Month in Bakersfield during the month of February 2020. Karla Perez and Keshav Patel accepted the proclamation and made comments. 5. PUBLIC STATEMENTS a. Curtis Bingham, Sr. expressed appreciation and gave'blessings to the City. b. Ray Scott, Keep Bakersfield Beautiful, advised the Keep California Beautiful K-12 Recycling Challenge takes place in February; and submitted written material. 6. WORKSHOPS a. City Council consideration to execute the Purchase and Sale Agreement for Calcot Ltd. or move forward with one of the other options presented to address homelessness. (Staff recommends Council determination.) AGR 2020-018, DEED 9100 City Clerk Drimakis announced the following correspondence was received subsequent to the preparation of the Administrative Report for this item: 11 comment cards. in opposition of the Brown Street facility; 7 emails in support of the Calcot facility; 5 emails, one of which includes a petition with over 1000 signatures, in opposition of the Calcot facility; and 6 additional emails with general comments. 3461 Bakersfield, California, January 22, 2020— Page 4 6. WORKSHOPS continued ITEM 6.a. CONTINUED Interim City Manager Gennaro and Assistant City Manager Kitchen made staff comments and provided a PowerPoint presentation. Kern County Supervisor David Couch made comments and offered the County's support. The following individuals made comments regarding the proposed facility locations and the City's efforts to address homelessness: Kari Auge, Sierra Recycling and Demolition; Justin Doss; Tom Touchstone, Valley Bible Fellowship; Hector Rizo (submitted written material); Justin Greer; Steve Tedder; Mike Sutherland; Norma Jackson; Gina Black; Tiara King; Arleana Waller (submitted written material); Pastor Jordan; Isiah Crompton; Paul Bush, President/CEO of Calcot Limited; John Saco, Sierra Recycling and Demolition; Mary Helen Barro; Jim Wheeler, Flood Bakersfield Ministries; and Melanie Farmer, Downtown Business Association. Mayor Goh recessed the meeting at 6:46 p.m. and reconvened the meeting at 6:53 p.m. Additional comments regarding proposed facility locations and the City's efforts to address homelessness were made by the following individuals: Elliott Magnus; Tim Grays, Sr.; Andy Miskiewilz; Cassie Bittle (submitted written material); Debbie Raygoza-Wells; Nick Ortiz, Greater Bakersfield Chamber of Commerce; Blair Budai; Ray Matahowski; Felipe Guerra, Sierra Recycling and Demolition; Natalie; Audrey Chavez; Louis Gill; Larry Koman; Terry Maxwell; and Magda Menendez. Mayor Goh recessed the meeting at 7:40 p.m. and reconvened the meeting at 7:47 p.m. The following staff made additional comments and responded to various questions from the City Council: Stephen Pelz, Executive Director of the Kern County Housing Authority; Kern County Administrative Officer Ryan Alsop; Fire Chief Galagaza; Assistant City Manager Kitchen; Assistant City Manager Huot; Interim Police Chief Terry; and Interim City Manager Gennaro. Motion by Councilmember Gonzales to direct staff to: (1) develop an agreement to present to the County of Kern that outlines a partnership at the County's site; (2) develop a neighborhood improvement plan to invest in infrastructure improvements in the area surrounding Calcot; (3) execute the purchase and sale agreement for.Calcot. 3462 Bakersfield, California, January 22, 2020- Page 5 6. WORKSHOPS continued ITEM 6.a. CONTINUED Councilmember Freeman requested Councilmember Gonzales consider a friendly amendment to his motion to include a contribution of $500,000 per year, with the possibility of annual renewal, in the contract with the County of Kern. Motion by Councilmember Gonzales directing staff to execute the purchase and sale agreement for Calcot. Motion passed with Councilmembers Rivera, Sullivan and Parlier voting no. Motion by Councilmember Gonzales directing staff to develop neighborhood improvement plans to invest in infrastructure improvements in the. areas surrounding both Calcot and the County's site. Motion passed. Motion by Councilmember Gonzales directing staff to develop an agreement to present to the County that outlines a partnership at the County's site, that includes a contribution of $500,000 per year, an agreement for one-year with the possibility of an annual renewal. Motion passed. 7. APPOINTMENTS None. 8. CONSENT CALENDAR (Staff recommends adoption of Consent Calendar items.) Minutes: a. Approval of minutes of the January 8, 2020, Regular City Council Meetings and -January 13-14, 2020, Special City Council Meetings. Payments: b. Receive and file department payments from December 20, 2019 to January 9, 2020 in the amount of $23,329,801.82, Self Insurance payments from December 20, 2019 to January 9, 2020, in the amount of $649,634.82, totaling $23,979,436.64. Ordinances: C. First Reading of the following ordinances amending various sections of the Bakersfield Municipal Code: 1'. Amending Section 2.84.490 relating to the Sick Leave Policy - Probationary and permanent employees. FR ONLY 3463 Bakersfield, California, January 22, 2020- Page 6 8. CONSENT. CALENDAR continued ITEM 8.c. CONTINUED 2. Amending Section 2.92.010 relating to the Fire Department Pension Board. FR ONLY 3. Amending Section 15.65.100 relating to Fire Alarm and Detection Systems and Related Equipment. FR ONLY Resolutions: d. Resolution determining that an articulating telescopic aerial device truck can most efficiently be obtained through cooperative procurement bidding procedures from Altec Industries, Inc. and authorizing the Finance Director to dispense with bidding thereof, not to exceed $124,000. RES 005-2020 e. Procurement and start-up services for Rotork valve actuators located at Wastewater Treatment No. 3: 1. Resolution determining that Rotork valve actuators required at Wastewater Treatment Plant No. 3 (WWTP 3) cannot be reasonably obtained through the usual bidding procedures and authorizing the finance director to dispense with bidding therefor, not to exceed $108,500. RES 006-2020 2. Agreement with Southwest Valve, LLC to procure Rotork valve actuators and provide required start-up services at Wastewater Treatment Plant`No. 3 (not to exceed $108,500; expires December 31, 2020). AGR 2020-008 f. CaIPERS Disability -Retirement: Amendment No. 1 to Resolution No. 5-74 regarding delegating authority to the Acting City Manager or the Assistant City Manager to determine disability for retirement purposes. RES 5-74(1) 1 3464 Bakersfield, California, January 22, 2020- Page 7 8. CONSENT CALENDAR continued ITEM 8.f. CONTINUED 2. Amendment No. 2 to Resolution No. 277-04 regarding the disability retirement procedures for safety members. RES 277-04(2) 3. Amendment No. 1 to Resolution No. 52-89 regarding delegation authority to the Acting City Manager or the Assistant City Manager to sign Public Employee Retirement System applications for Disability Retirement. RES 52-89(1) g. Resolution of Intention No. 2029 for the vacation of the 20 -foot wide alley running east and west between Pine Street and Cedar Street, north of Brundage Lane. ROI 2029 Agreements: h. Memorandum of Understanding for Technical Assistance, Education and Training between the City of Bakersfield and the Institute for Local Government. AGR 2020-009 Agreement with outside counsel Clifford & Brown for legal services for fiscal years 2020/2021 through 2024/2025. AGR 2020-010 Agreement with outside counsel Marderosian & Cohen for legal services from fiscal year 2020/2021 through 2024/2025. AGR 2020-011 k. Agreement with Christian Clegg to serve as the City Manager. REMOVED FOR SEPARATE CONSIDERATION General Plan Update Strategy & Options (All Wards) 1. Agreement with Rincon Consultants, Inc. ($49,764) to prepare General Plan Update Strategy & Options. AGR 2020-013 3465 Bakersfield, California, January 22, 2020— Page 8 8. CONSENT CALENDAR continued ITEM 8.1. CONTINUED 2. Appropriate $49,764 from the General Plan Revenue Trust to the General Fund Development Services Operating Budget. M. Private Security Services 1. Agreement with Trans -West Security Services, Inc. to provide high visibility security presence and patrols, as directed by the Bakersfield Police Department, throughout the City of Bakersfield most impacted by recent increases in property crimes and quality of life issues (not to exceed $360,000 per year) AGR 2020-014 2. Appropriate $200,000 additional sales tax revenue to the Police Operating Budget in the Public Safety and Vital Services Operating Fund. n. Agreement with W.M.Lyles Co. (not to exceed $417,150), for design/build services for the Kern River SCADA project. AGR 2020-015 o. Amendment No. 4 to Agreement No. 17-027 with Pavement Recycling Systems, Inc. ($450,000; revised not to exceed $1,168,500 and extend the term one year), for the continued supply of cold planing services. AGR 17-027(4) P. Amendment No. 7 to Agreement 03-310 to appoint Virginia "Ginny" Gennaro as the Interim City Manager. AGR 03-310(7) q. Contract Change Order Nos. 58 and 59 to Agreement No. 18-135 with Granite Construction ($183,374.75; not to exceed $36,397,507.58) for the Belle Terrace Operational Improvement Project. AGR 18-135 CCO 58, CCO 59 1 3466 Bakersfield, California, January 22, 2020- Page 9 8. CONSENT CALENDAR continued r. Contract Change Order No. 44 to Agreement No. 18-154 with Griffith Company for ($85,000; revised not to exceed $29,217,769.13) 24th Street Operational Improvement Project. AGR 18-154 CCO 44 Contract Change Order No. 2 to Agreement No. 19-033 with Haus Construction Inc. ($27,168.18; revised not to exceed $409,551.89), for the Bakersfield Fire Station 2 Locker Room Renovation. AGR 19-033 CCO 2 Bids: t. Extend bid from Jim Burke Ford ($61,217.88) for the purchase of a super duty truck with a 10' service bed for the Recreation and Parks Department. U. Accept bid and approve contract with Loop Electric, Inc. ($276,515) for the Traffic Signal and Lighting System Modification on Columbus Street at Union Avenue. AGR 2020-016 Miscellaneous: Successor Agency Business: Public Safety/Vital Services Measure: Councilmember Weir requested item 8.k. be removed for separate consideration. Motion by Vice -Mayor Parlier to adopt Consent Calendar items 8.a. through 8.u., with the removal of item 8.k. for separate consideration. Motion passed. k. Agreement with Christian Clegg to serve as the City Manager. AGR 2020-012 Motion by Vice -Mayor Parlier to adopt, Consent Calendar item 8.k. Motion passed with Councilmember Weir voting no. 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider Action Plan Amendments to U.S. Department of Housing and Urban Development (HUD) Action Plans - Fiscal Year (FY) 14/15 Amendment No. 12, Fiscal Year 15/16 Amendment No. 3, and Fiscal Year 19/20 Amendment No. 2: 3467 Bakersfield, California, January 22, 2020- Page 10 9. CONSENT CALENDAR PUBLIC HEARINGS continued ITEM 9.a. CONTINUED 1. FY 14/15 Amendment No. 12: Transfer funds accumulated through multiple project savings ($515,096.47 CDBG) to Facility Improvements at 1420 Union Avenue. 2. FY 15/16 Amendment No. 3: Transfer funds from Section 108 Loan Repayment for $4.1 Million of Public Facility Improvements ($4,665.82 CDBG) to Facility Improvements at 1420 Union Avenue. 3. FY 19/20 Amendment No. 2: Transfer funds from Converted NSP Program Income ($371,870.69 CDBG) to Facility Improvements at 1420 Union Avenue ($105,237.71 CDBG) and Bakersfield Homeless Center - Shelter Expansion ($266,632.98 CDBG) (Staff recommends approval of the Action Plan Amendments.) b. Public Hearing to consider General Plan Amendment No. 19-0158. Swanson Engineering (applicant), representing Dave Laut (property owner), is proposing a General Plan Amendment located at 7301 South Union Avenue, at the southwest corner of the South Union Avenue and Berkshire Avenue intersection. The request includes: (1) an amendment of the Land Use Element of the Metropolitan Bakersfield General Plan land use designation from LR (Low Density Residential) to GC (General Commercial) on 2.31 acres. A Notice of Exemption is on file. (Staff recommends the City Council open the hearing, fake no action, and continue this item to the regularly scheduled February 19, 2020 City Council meeting.) C. Public Hearing to consider General Plan Amendment/Zone Change No. 19-0035 (Appeal). Porter & Associates, Inc., representing Cindy Henson (property owner), is proposing a General Plan Amendment/Zone Change on 10.7 acres located on the northeast corner of the Hosking Avenue/alible Road intersection. The request includes: (1) an amendment of the Land Use Element of the Metropolitan Bakersfield General Plan land use designation from LMR (Low Medium Density Residential) to GC (General Commercial) on 10.7 acres, or a more restrictive designation; and (2) a change in zone district from R -S (Residential Suburban) and R-1 (One Family Dwelling) to C-1 (Neighborhood Commercial) on 10.7 acres, or a more restrictive district. Porter & Associates, Inc. submitted an appeal of the Planning Commission's decision to deny the proposal. A proposed Mitigated Negative Declaration is available for consideration, if the Council elects to grant the appeal. (Staff recommends the City Council open the hearing, take no action, and continue this item to the regularly scheduled February 19, 2020 City Council meeting.) Bakersfield, California, January 22, 2020— Page 11 9. CONSENT CALENDAR PUBLIC HEARINGS continued d. Public Hearing to consider General Plan Amendment/Zone Change No. 19-0009 (Appeal). KFT Holdings, representing Phyllis Henry (property owner), is proposing a General Plan Amendment/ Zone Change on 3.75 acres located east of the northeast corner of the Ashe Road and Taft Highway intersection. The request includes: (1) an amendment of the Land Use Element of the Metropolitan Bakersfield General Plan land use designation from RR (Rural Residential) to GC (General Commercial) on 3.75 acres, or a more restrictive designation; and (2) a change in zone district from A (Agriculture) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 3.75 acres, or a more restrictive district. Ankush Kamboj from KFT Holdings submitted an appeal of the Planning Commission's decision to deny the proposal. A proposed Mitigated Negative Declaration is available for consideration, if the Council elects to grant the appeal. (Staff recommends the City Council open the hearing, fake no action, and continue this item to the regularly scheduled February 19, 2020 City Council meeting.) Consent Calendar Public Hearing items 9.a. through 9.d. opened at 9:33 p.m. No one spoke. Consent Calendar Public Hearing items 9.a. closed at 9:34 p.m. Motion by Vice -Mayor Parlier to adopt item 9.a. and to continue items 9.b., 9.c., and 9.d. to the February 19, 2020 City Council meeting. Motion passed. 10. HEARINGS None. 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS None. 3469 Bakersfield, California, January 22, 2020- Page 12 15. ADJOURNMENT Mayor Goh adjourned the meeting at 9:35 p.m. O KAREN GOH MAYOR of the City of Bakersfield ATTEST: JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 1 1 1