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HomeMy WebLinkAbout05/20/20 CC MINUTES3536 UAg BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 20, 2020 reo 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 (participated by telephone), Smith (participated by telephone), Freeman, Sullivan Absent: None SPECIAL NOTICE Public Participation and Accessibility May 20, 2020 Bakersfield City Council Meetings On March 18, 2020, Governor Gavin Newsom issued Executive Order N-29-20, which includes a waiver of Brown Act provisions requiring physical presence of the Council or the public in light of the COVID-19 pandemic. Based on guidance from the California Governor's Office and Department of Public Health, as well as the County Health Officer, in order to minimize the potential spread of the COVID-19 virus, the City of Bakersfield hereby provides notice that as a result of the declared federal, state, and local health emergencies, and in light of the Governor's order, The following adjustments have been made: 1. The meeting scheduled for May 20, 2020, at 3:30 p.m. will have limited public access. 2. The meeting scheduled for May 20, 2020, at 5:15 p.m. will have limited public access. 3. Consistent with the Executive Order, Councilmembers may elect to attend the meeting telephonically and to participate in the meeting to the same extent as if they were physically present. 4. The public may participate in each meeting and address the City Council as follows: 3537 Bakersfield, California, May 20, 2020- Page 2 View a live video stream of the meeting at https://bakersfield.novusagendo.com/AgendoPublic/ or, on your local ] government channel (KGOV 2). J If you wish to comment on a specific agenda item, submit your comment via email to the City Clerk at City Clerk@bakersfieldcity.us no later than 1:00 p.m. prior to the Council meeting. Please clearly indicate which agenda item number your comment pertains to. Comments are limited to 3 minutes. If you wish to make a general public comment not related to a specific agenda item, submit your comment via email to the City Clerk at City Clerk@bakersfieldcity.us no later than 1:00 p.m. prior to the Council meeting. Comments are limited to 3 minutes. Alternatively, you may comment by calling (661) 326-3100 and leaving a voicemail of no more than 3 minutes no later than 4:00 p.m. the Tuesday prior to the Council meeting. Your message must clearly indicate whether your comment relates to a particular agenda item, or is a general public comment. If your comment meets the foregoing criteria, it will be transcribed as accurately as possible. If you are watching the live stream of the meeting and wish to make a comment on a specific agenda item as it is being heard, please email your written comment to the City Clerk at City-Clerk@bakersfieldcity.us. All comments received during the meeting may not be read, but will be included as part of the permanent public record of the meeting. 2. PUBLIC STATEMENTS None. 3. WORKSHOPS a. Homeless Point in Time Count update. (Staff recommends receive and file.) City Manager Clegg made staff comments Anna Laven and Deborah Johnson, Bakersfield Kern Regional Homeless Collaborative, made comments and provided a PowerPoint presentation. Councilmember Gonzales requested the Homeless Collaborative return to the City Council quarterly and present the progress on each component of the process from homelessness to permanent housing. Motion by Vice -Mayor Parlier to receive and file. Motion passed. i 3538 Bakersfield, California, May 20, 2020- Page 3 4, CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code section 54957.6. City Clerk Drimakis announced that at the City Attorney's request, the Closed Session item pertaining to Gilberto Fajardo v. City of Bakersfield, of al. USDC Eastern District Case No. 1 :16-CV-00699- DAD-JLT has been postponed. Motion by Vice -Mayor Parlier to adjourn to Closed Session at 4:38 p.m. Motion passed. Motion by Vice -Mayor Parlier to adjourn from Closed Session meeting of 5:08 p.m. Motion passed. Meeting reconvened of 5:16 p.m. 5. CLOSED SESSION ACTION a. Conference with Labor Negotiator pursuant to Government Code section 54957.6. NO REPORTABLE ACTION 6. ADJOURNMENT Mayor Goh adjourned the 4:00 p.m. meeting at 5:18 p.m. REGULAR MEETING- 5:15 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera (participated by telephone), Gonzales, Weir (participated by telephone), Smith (participated by telephone), Freeman, Sullivan Absent: None SPECIAL NOTICE Public Participation and Accessibility May 20, 2020 Bakersfield City Council Meetings On March 18, 2020, Governor Gavin Newsom issued Executive Order N-29-20, which includes a waiver of Brown Act provisions requiring physical presence of the Council or the public in light of the COVID-19 pandemic. 3539 Bakersfield, California, May 20, 2020- Page 4 Based on guidance from the California Governor's Office and Department of Public Health, as well as the County Health Officer, in order to minimize the potential spread of the COVID-19 virus, the City of Bakersfield hereby provides notice that as a result of the declared federal, state, and local health emergencies, and in light of the Governor's order, the following adjustments have been made: 1. The meeting scheduled for May 20, 2020, at 3:30 p.m. will have limited public access. 2. The meeting scheduled for May 20, 2020, at 5:15 p.m. will have limited public access. 3. Consistent with the Executive Order, Councilmembers may elect to attend the meeting telephonically and to participate in the meeting to the some extent as if they were physically present. 4. The public may participate in each meeting and address the City Council as follows: View a live video stream of the meeting at https://bakersfield.novusagendo.com/AgendoPublic/ or, on your local government channel jKGOV 2j. If you wish to comment on a specific agenda item, submit your comment via email to the City Clerk at City Clerk@bokersfieldcity.us no later than 1:00 p.m. prior to the Council meeting. Please clearly indicate which agenda item number your comment pertains to. Comments are limited to 3 minutes. If you wish to make a general public comment not related to a specific agenda item, submit your comment via email to the City Clerk at City Clerk@bakersfieldcitv.us no later than 1:00 p.m. prior to the Council meeting. Comments are limited to 3 minutes. Alternatively, you may comment by calling (661) 326-3100 and leaving a voicemail of no more than 3 minutes no later than 4:00 p.m. the Tuesday prior to the Council meeting. Your message must clearly indicate whether your comment relates to a particular agenda item, or is a general public comment. If your comment meets the foregoing criteria, it will be transcribed as accurately as possible. If you are watching the live stream of the meeting and wish to make a comment on a specific agenda item as it is being heard, please email your written comment to the City Clerk at City_Clerk@bakersfieldcity.us. All comments received during the meeting may not be read, but will be a Included as part of the permanent public record of the meeting. J 3540 Bakersfield, California, May 20, 2020- Page 5 2. INVOCATION by Councilmember Rivera. 3. PLEDGE OF ALLEGIANCE by Councilmember Gonzales. Mayor Gain announced staff requested an emergency ordinance, amending Bakersfield Municipal Code Section 12.56 to include a COVID-19 Special Event Permit, be added to the agenda. Motion by Vice -Mayor Parlier to add the emergency ordinance to the Consent Calendar as item Sm. Motion passed. 4. PRESENTATIONS None. S. PUBLIC STATEMENTS a. James Johnson emailed comments regarding the City's management of the State of California Safe at Home Program. b. Anita Kanitz, Jane, Judy Woo emailed comments expressing concern with City leadership. C. Paula Daoutis emailed comments, on behalf of the Kern Alliance of Nonprofits Steering Committee, requesting consideration of financial support for nonprofits through Kern CARES Act funds. d. Eric Wils emailed comments expressing his concern with ice cream trucks violating noise ordinances in his neighborhood. e. Laura Bander emailed comments expressing concern with the rise in crime in Bakersfield. f. Jasmene del Aguila emailed comments regarding rental and utility assistance and in support of an eviction moratorium. g. Reverend Angelo Frazier and Pastor Isai Jimenez made comments in support of reopening places of worship in the City. 6. WORKSHOPS None. 7. APPOINTMENTS None. I 3541 Bakersfield, California, May 20, 2020— Page 6 8. CONSENTCALENDAR (Staff recommends adoption of Consent Calendar Items.) Minutes: a. Approval of minutes of the May 6, 2020, Special and Regular City Council Meetings. Payments: b. Receive and file department payments from April 24, 2020 to May 7, 2020, in the amount of $22,086,297.89; Self Insurance payments from April 24, 2020, to May 7, 2020, in the amount of $531,447.05; totaling $22,617,744.94. Ordinances: C. Adoption of ordinance amending Title 17 of the Bakersfield Municipal Code for the purpose of regulating design standards for retail developments. (FR 12/11/2019) ORD 5006 Resolutions: d. Resolution authorizing overtime pay and portal-to-portal pay for members of the Bakersfield Fire Department assigned to emergency incidents through the California Fire assistance agreement in accordance with the current City Memorandum of Understanding. RES 059-2020 e. Resolution ratifying the submission of an application to the U.S. Department of Transportation Federal Aviation Administration for funding under the CARES Act and authorizing the City Manager or his designee to execute all necessary documents. RES 060-2020 f. Asbestos abatement at the Bakersfield Homeless Navigation Center (BHNC) 1 . Resolution dispensing with bidding due to limited time to complete the remodel to get the facility operational by Fall 2020, not to exceed Forty -Three Thousand Six Hundred Dollars ($43,600). RES 061-2020 3542 Bakersfield, California, May 20, 2020- Page 7 8, CONSENT CALENDAR continued ITEM 8.f. CONTINUED 2. Agreement with Asbestos Services Incorporated (A.S.I.) ($43,600) to provide asbestos abatement for the BHNC. AGR 2020-072 g. Resolution to form a Traffic Signal Maintenance District designated as TS -28 (3001 Panama Lane) and approving, confirming, and adopting the Public Works Director's Report. RES 062-2020 h. 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 4-212 (800 & 816 E. 21 st Street) - Ward 2 RES 063-2020 2. Area 4-214 (1517 Columbus Street) - Ward 3 RES 064-2020 3. Area 4-216 (1425 Wilkins Street) - Ward 1 RES 065-2020 4. Area 5-104 (Southeast corner of Panama Lane & Lowry Street) - Ward 7 RES 066-2020 I. Revised and New Job Specifications and Change to Salary Schedule: 1. Amendment No. 3 to Resolution No. 160-19 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory, and Management Units for Economic Development Director, Homeless Services Principal and Community Development Principal RES 160-19(3) 2. Revised Job Specification: Economic Development Director #88100 3. Revised Job Specification: Development Services Director f #89460 4. New Job Specification: Homeless Services Principal #59900 3543 Bakersfield, California, May 20, 2020- Page 8 8. CONSENT CALENDAR continued ITEM 8.i. CONTINUED 5. Revised Job Specification: Community Development J Principal #89340 Agreements: Agreement with Aero -Graphics, Inc., to provide Aerial Photography, Processing, Aero -triangulation, and Orthorectification Services and Appropriate $158,480 of Shared Project Cost / County Share Project Cost to the General Fund Development Services Operating Budget. AGR 2020-073 k. Workers' Compensation Defense Services Agreements: Agreement with Hanna, Brophy, Maclean, McAleer & Jensen in an amount not to exceed $250,000 for year one and $275,000 for each following year, for a five-year period. AGR 2020-074 2. Agreement with Yrulegui & Roberts in an amount not to exceed $100,000 for year one and $125,000 for each following year, for a five-year period. AGR 2020-075 Wastewater Treatment Plant No. 2 Farm Land Agreements: Land Lease Agreement with Old River Farming Company I, LLC ($327,500 per year in rent) to farm and maintain Plant 2's farm land for a ten-year term. AGR 2020-076 2. Contractor's Agreement with Old River Farming Company I, LLC (not to exceed $450,000 per year) to haul and till soil amendment materials from the Green Waste Site to the Plant 2 farm land for a ten-year term. AGR 2020-077 M. Amendment No. 1 to Agreement No. 19-100 with Kern Turf Supply, Inc. ($300,000; revised not to exceed $600,000 and extend term one year), to continue the supply of irrigation parts and supplies. AGR 19-100(1) J 3544 Bakersfield, California, May 20, 2020- Page 9 S. Appropriate $45,000 Hybrid and Zero -Emission Truck and Bus Voucher Incentive Project (HVIP) Grant funds to the Public Works Operating Budget within the Equipment Management Fund for purchase of water truck for Solid Waste Division. t. Appropriate $265,126 Federal Grant funds from the USDA Forest Service and the USDI Bureau of Land Management and $173,426 State Grant funds from the California Office of Emergency Services to the Fire Department Operating budget within the General Fund for reimbursement of travel, personnel and equipment costs on state-wide master mutual aid assignments. U. Appropriation of Funds for BHC 40 -Bed Expansion Project: 1. Appropriate and transfer $371,871 Neighborhood Stabilization fund balance to the HUD CDBG Entitlements Development Services Operating Budget. 2. Appropriate $250,000 SA -RDA DTPA Housing fund balance to the Development Services Economic Community Development Operating Budget. 8. CONSENT CALENDAR continued n. Amendment No. 2 to Agreement No. 18-099 with Allied Universal (not to exceed $306,980) for security services at the 18th and Eye Street Parking Garage. AGR 18-099(2) o. Contract Change Order Nos. 53 and 63 to Agreement No. 18-154 with Griffith Company ($67,113.75: revised not to exceed $29,428,486.99) for 24th Street Operational Improvements Project. AGR 18-154 CCO 53, CCO 63 Bids: P. Reject all bids for Sewer Cleaning Along Buena Vista Road and McCutchen Road. q. Accept bid and approve contract with CS Construction ($205.473) for Seasons Park Playground Rehabilitation Project. AGR 2020-078 Miscellaneous: r. Appropriate $189,800 Park Improvement Fund balance from Southwest Developer Reimbursement - Zone 1 for the reimbursement to Sierra Oaks, Partners LLC for their completion of Belcourt Park. S. Appropriate $45,000 Hybrid and Zero -Emission Truck and Bus Voucher Incentive Project (HVIP) Grant funds to the Public Works Operating Budget within the Equipment Management Fund for purchase of water truck for Solid Waste Division. t. Appropriate $265,126 Federal Grant funds from the USDA Forest Service and the USDI Bureau of Land Management and $173,426 State Grant funds from the California Office of Emergency Services to the Fire Department Operating budget within the General Fund for reimbursement of travel, personnel and equipment costs on state-wide master mutual aid assignments. U. Appropriation of Funds for BHC 40 -Bed Expansion Project: 1. Appropriate and transfer $371,871 Neighborhood Stabilization fund balance to the HUD CDBG Entitlements Development Services Operating Budget. 2. Appropriate $250,000 SA -RDA DTPA Housing fund balance to the Development Services Economic Community Development Operating Budget. 3545 Bakersfield, California, May 20, 2020— Page 10 8. CONSENT CALENDAR continued V. First reading and adoption of an emergency ordinance amending section 12.56 of the Municipal Code to include a COVID-19 Special Event Permit. ORD 5007 Successor Agency Business: Public Safety/Vital Services Measure: Motion by Vice -Mayor Parlier to adopt Consent Calendar items 8.a. through 8.v. Motion passed. 9. CONSENT CALENDAR PUBLIC HEARINGS (Staff recommends conducting Consent Calendar Public Hearing and approving staff recommendations.) a. 2020-25 Consolidated Plan Amendment, Citizen Participation Plan Amendment and 19-20 Action Plan Amendments: 1. Prepare documentation to accept CARES HUD funding. 2. Amend the 2019-2020 Action Plan to receive CARES HUD Funding. 3. Amend the 2020-25 Citizen Participation Plan of the 2015- 2020 Consolidated Plan. sill 4. Appropriate $3,489,670 Federal Coronavirus Aid, Relief, and Economic Security (CARES) funding to the HUD CDBG Entitlements Development Services Operating Budget. )Prepare documentation to accept CARES funding, Approve Amendments including expedited processes, and Appropriate funding.) b. Public hearing to consider Action Plan Amendment #5 to U.S. Department of Housing and Urban Development (HUD) Action Plan Fiscal Year (FY) 18-19: 1. Transfer of funds from DANCO - Brentwood Crossings to Residences at East Hills ($750,000 HOME) 2. Amendment No. 1 to Agreement No. 2020-036 to commit an additional $750,000 in HOME Investment Partnership (HOME) funds to the East Hills Associates LP for the purpose of developing 81 affordable housing units located at 3345 Bernard Street (APN 130-162-27) in Northeast Bakersfield. (Staff recommends approval of the Action Plan Amendment and Amendment No. I to Agreement No. 2020-036.) Email correspondence was received from Lill! Parker, Bakersfield Senior Center, and Josmene del Aguila, Leadership Counsel for Justice and Accountability, regarding Consent Calendar Public Hearing item 9.a. Bakersfield, California, May 20, 2020- Page 11 9. CONSENT CALENDAR PUBLIC HEARINGS continued [L Consent Calendar Public Hearing items 9.a. and 9.b. opened at 5:38 p.m. No one spoke. Consent Calendar Public Hearing items 9.a. and 9.1b. closed at 5:38 p.m. Councilmember Gonzales announced he would abstain from item 9.a. due to a perceived conflict of interest. Motion by Vice -Mayor Parlier to adopt Consent Calendar Public Hearing items 9.a. and 9.b. Motion passed with Councilmember Gonzales abstaining from item 9.a. 10. HEARINGS None. 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Rivera requested staff respond to a letter from LIN Parker requesting operational monetary support for the Bakersfield Senior Center. Councilmember Freeman requested that an analysis and staff recommendation of the City's rezoning policies to determine what decisions can be made by staff administratively, without the need for the Board of Zoning Adjustment, be brought to the Planning and Development Committee. Councilmember Smith requested staff consider the addition of a new position for the purpose of overseeing bicycle and pedestrian safety with duties including grant writing and project management. I 3546 3547 Bakersfield, California, May 20, 2020- Page 12 15. ADJOURNMENT Mayor Goh adjourned the meeting in honor of Memorial Day, and the brave men and women who offered the ugltimate sacrifice, at 5:44 p.m. ---;K KAREN GOH MAYOR of the City of Bakersfield ATTEST: J LIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield J