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HomeMy WebLinkAbout09/09/20 CC MINUTES3629 1ra BAKERSFIELD THE SOUND OF,50tAitfVC* NOTICE OF CANCELLATION OF THE BAKERSFIELD CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the Bakersfield City Council Meeting to be held on September 9, 2020 at 3:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California has been canceled. 1 141�t calkw" Julie Drimakis, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 1 1 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 9, 2020 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting- 5:15 p.m. REGULAR MEETING- 5:15 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera (seated at 5:22 p.m.), Gonzales, Weir, Smith (participated by telephone), Freeman, Sullivan (seated at 5:19 p.m.) Absent: None SPECIAL NOTICE Public Participation and Accessibility September 9, 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 September 9, 2020, at 5:15 p.m. will have limited public access. 2. 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. 3. 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.novusagenda.com/AgendoPublic/ or, on your local government channel (KGOV). 3631 3632 Bakersfield, California, September 9, 2020- Page 2 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. 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. 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. INVOCATION by Assistant Police Chief Stratton. 3. PLEDGE OF ALLEGIANCE by Councilmember Weir. 4. PRESENTATIONS None. 5. PUBLIC STATEMENTS a. Curtis Bingham, Sr. expressed appreciation to the City Council and law enforcement. b. Troy Hightower commended the City's statements on the economic and environmental benefits of the High Speed Rail. C. Keith Wesley Nettleton III made comments regarding his medical condition. d. Jacquelyn Coyle and Adam Cohen expressed concern with the City's efforts to protect victims of domestic abuse and the confidentiality of addresses on the City's website. 1 3633 Bakersfield, California, September 9, 2020— Page 3 5. PUBLIC STATEMENTS continued e. Kevin Oliver made comments suggesting local business owners work together to help provide temporary housing for new officers. Vice -Mayor Parlier asked staff to contact Mr. Oliver to discuss a temporary housing program for officers in the training academy. e. The following individuals emailed comments expressing concern with the City's efforts to protect victims of identity theft, domestic violence victims, and the confidentiality of addresses: Western Pacific; the Judge's Spouse; gma 1800; Christopher J; Judy Woo; Ryan, Bakersfield New Homes; P Garcia; Golf Pro; Mary Shadden; Rich; Clarissa Liu; Sharizi; Philip Padilla; Marie Smith; Rosa H; Mikey F; Rosa; Ken H; Kernsource; Erin M; bcrenegade; Sussie QL; Shellie Hankins; Matt Kassel; Omar S; Jackie, Bakersfield Mom; Fast Car; Jenny G; Scott B; Stop Tax; jaialai 1; Anita Kanitz; Bill T; K Swanson; Hillary Smith; Jamie D; Chad S; rockworld661; and Kernriverfun. f. Lisa Borgford emailed comments expressing concern with the reopening of the Bakersfield Ice Center and safety protocols. g. Kaylee Choe emailed comments in support of an ordinance that protects renters from evictions during the pandemic. 6. WORKSHOPS a. League of California Cities Annual Conference appointment of voting delegate(s) and City position on conference resolutions; and Staff referral for "City Legislative Platform." (City staff recommends the City Council appoint a voting delegate and alternate delegate(s), adopt City staff's recommended position on the League proposed resolution, and refer the topic of developing the `City Legislative Plafform' to the Legislative and Litigation Committee for discussion this fall.) Assistant City Clerk Legge announced a staff memorandum was received for item 6.a., clarifying that Councilmember attendance to the annual conference has not yet been confirmed, as the conference format has changed to a virtual meeting in order to comply with State guidelines. City Manager Clegg made staff comments and provided a PowerPoint presentation. Motion by Councilmember Gonzales to appoint Mayor Goh as the voting delegate, and appoint Vice -Mayor Parlier as the alternate delegate. Motion passed. b. Quarterly update from the Bakersfield -Kern Regional Homeless Collaborative (BKRHC) on Homeless System Performance Metrics. (Staff recommends to receive and file.) 3634 Bakersfield, California, September 9, 2020- Page 4 6. WORKSHOPS continued ITEM 6.b. CONTINUED Anna Lavin and Deborah Johnson, Bakersfield -Kern Regional Homeless Collaborative, made comments and provided a PowerPoint presentation. Councilmember Gonzales requested that the measures from tonight's presentation be included in future reports. Mayor Goh requested copies of the presentation be provided to the Council. Motion by Vice -Mayor Parlier to receive and tile. Motion passed. 7. APPOINTMENTS None. S. CONSENT CALENDAR (Staff recommends adoption of Consent Calendar items.) Minutes: a. Approval of minutes of the August 12, 2020, Regular City Council Meetings. Payments: b. Receive and file department payments from July 31, 2020, to August 27, 2020, in the amount of $34,466,603.57; Self Insurance payments from July 31, 2020, to August 27, 2020, in the amount of $792,904.66; totaling $35,259,508.23. Ordinances: C. Adoption of ordinance amending Sections 10.64.020 and 10.64.040 of the Bakersfield Municipal Code relating to abandoned or junk vehicles. (FR 8/12/2020) ORD 5015 d. Adoption of ordinance amending Bakersfield Municipal Code Section 1. 12.070 by adding the legal description of Annexation No. 654 consisting of 7.44 acres located generally north side of Taft Highway along the east and west sides of Michelle Street. (FR 8/12/2020) ORD 5016 3635 Bakersfield, California, September 9, 2020— Page 5 8. CONSENT CALENDAR continued e. Adoption of ordinance amending Bakersfield Municipal Code Section 1. 12.040 by adding the legal description of Annexation No. 673 consisting of 0.88 acres located generally along the west side of Calloway Drive, approximately 530 feet north of Brimhall Road. (FR 8/12/2020) ORD 5017 f. Adoption of an ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from C-1 (Neighborhood Commercial) to C-2 (Regional Commercial) on approximately 0.45 acres located at 4040 Ming Avenue (GPA/ZC No. 20-0062). (FR 8/12/2020) ORD 5018 g. Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 16.89 acres located east of Old River Road between Panama Lane and Empire State Drive (GPA/ZC No. 19-0184). (FR 8/12/2020) ORD 5019 Resolutions: h. 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 the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector. RES 125-2020 Resolution approving participation in the Institute for Local Government's Beacon Program. RES 126-2020 j. Resolution determining that a wheel loader can most efficiently be obtained through cooperative procurement bidding procedures from Quinn Cat and authorizing the Finance Director to dispense with bidding thereof, not to exceed $154,000. RES 127-2020 3636 Bakersfield, California, September 9, 2020- Page 6 8. CONSENT CALENDAR continued k. Resolution determining that an excavator can most efficiently be obtained through cooperative procurement bidding procedures from Quinn Cat and authorizing the Finance Director to dispense with bidding thereof, not to exceed $103,000. RES 128-2020 Purchase of camera truck: 1. Resolution determining that a camera truck can most efficiently be obtained through cooperative procurement bidding procedures from National Auto Fleet Group and authorizing the Finance Director to dispense with bidding thereof, not to exceed $303,000. RES 129-2020 2. Transfer and appropriate $133,000 Sewer Fund balance to the Public Works Department's Operating Budget to fund the purchase of a camera truck for the Streets Division. M. Resolution declaring the real property located at the north east corner of California Avenue and P Street "exempt surplus land" as per Government Code Section 54221(f) (1) (G). RES 130-2020 n. Sewer connection fee assessment for 1800 Faxon Avenue: 1. Resolution confirming assessments for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. RES 131-2020 2. Agreement with Ruben Montoya and Eiman Montoya, 1800 Faxon Avenue, to pay the sewer connection fee through the Kern County Tax Collector. AGR 2020-150 o. Amend Resolutions No. 148-16, 049-16, 050-16, 076-16, 077-16, 078-16, 109-16 to incorporate the updated Economic Opportunity Area (EOA) Plan. RES 148-16(2), RES 049-16(2), RES 050-16(2), RES 076-16(2), RES 077-16(2), RES 078-16(2), RES 109-16(2) 3637 Bakersfield, California, September 9, 2020- Page 7 8. CONSENT CALENDAR continued P. Amendment No. 26 to Resolution No. 44-93 setting salaries and related benefits for the Temporary Unit. RES 044-93(26) q. Resolutions to add the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: Area 4-215 (2251 Mt. Vernon Avenue) - Ward 3 RES 132-2020 2. - Area 4-219 (1919 Truxtun Avenue) - Ward 2 RES 133-2020 r. 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. 2058 adding Area 4-222 (1316 Niles Street) - Ward 2 ROI 2058 2. ROI No. 2059 adding Area 5-99 (2122 S. Union Avenue) - Ward 1 ROI 2059 Agreements: Contribution Agreement with the Greater Bakersfield Chamber of Commerce for the Better Bakersfield and Boundless Kern Initiative (B3K). REMOVED FOR SEPARATE CONSIDERATION t. Agreement with Housing Authority of the County of Kern (HACK) for rental and mortgage assistance program for those negatively affected by the COVID-19 Pandemic. AGR 2020-152 U. Assignment of Bakersfield Municipal Airport Long -Term Ground Lease Agreement No. 07-034 as amended by Agreement No. 07- 034 (1), assigning Hangar Space D1 to Mark C. Manda and Mary Ann Sawyer, Husband and Wife, as community property. AGR 07-034(2) Bakersfield, California, September 9, 2020— Page 8 8. CONSENT CALENDAR continued V. Agreement with Ruettgers & Schuler, Civil Engineers (not to exceed $83,900) for the design and engineering of Prop 68 Grant funded Linnell-Brahma Park. AGR 2020-153 W. Agreement with Centrisys Corporation (not to exceed $100,000 for a one-year term) for sludge dewatering centrifuge repair and maintenance services for the Wastewater Division. AGR 2020-154 X. Agreement with DXP Enterprises, Inc. (not to exceed $100,000 for a one-year term) for transfer pump maintenance and repair services for Wastewater Treatment Plant No. 2. AGR 2020-155 Y. Final Map and Improvement Agreement and Landscape Agreement with Black Ops Real Estate IX LLC., a California limited liability company (Developer) for Tract Map 6824, Unit 1 located South of Panama Lane and East of Mountain Vista Drive. AGR 2020-156, AGR 2020-157 Z. Amendments to City Physician Services Agreements: 1. Amendment No. 1 to Agreement No. 17-144 with Central Valley Occupational Group, Inc. (not to exceed $100,000 and extend term one year) AGR 17-144(1) 2. Amendment No. 1 to Agreement No. 17-145 with Vernon C. Sorenson M.D., DBA Memorial Occupational Medicine (not to exceed $100,000 and extend term one year) AGR 17-145(1) aa. Amendment No. 2 to Agreement No. 16-255 with Stantec Consulting Services, Inc. (extending term for four years), to continue to process U.S. Environmental Protection Agency (EPA) Brownfields Program, grant applications and continue to provide implementation assistance for grant components including all deliverables for the U.S. Environmental Protection Agency's Brownfield Assessment Grant. AGR 16-255(2) 1 3639 Bakersfield, California, September 9, 2020- Page 9 8. CONSENT CALENDAR continued ab. Amendment No. 2 to Agreement No. 19-210 with Dudek ($11,500; revised not to exceed $181,270) for Transformative Climate Communities (TCC) Planning Grant, amending the Scope of Work to cover Website Development. The source of the funds is from the TCC planning grant. AGR 19-210(2) ac. Amendment No. 2 to Agreement No. 19-053 with AECOM Technical Services, Inc. ($9,945; revised not to exceed $65,845 and extend term to June 30, 2021), to provide design and engineering services for Wastewater Treatment Plant No. 3 Polymer Feed Pumps Replacement project. AGR 19-053(2) ad. Amendment No. 1 to Agreement No. 19-107 ($168,849; revised not to exceed $318,349 and extend term to December 31, 2021) with AECOM for the Downtown Master Storm Drain Study Phase II. AGR 19-107(1) ae. Amendment No. 1 to Agreement No. 18-147 with BC Laboratories ($40,000; revised not to exceed $168,812 and extend term one year) to provide laboratory service for the Wastewater Division. AGR 18-147(1) of. Amendment No. 4 to Agreement No. 17-007 with Target Specialty Products ($40,000, revised not to exceed $590,000) to continue the supply of chemical, insecticides, and herbicides. AGR 17-007(4) ag. Consultant amendment to the agreements to provide TCP analytical services for the Water Resources Department: 1. Amendment No. 1 to Agreement No. 19-170 with Fruit Growers Laboratory, Inc. (not to exceed $350,000). AGR 19-170(1) 2. Amendment No. 1 to Agreement No. 19-171 with BSK Associates, Inc. (not to exceed $150,000). AGR 19-171(1) ah. Contract Change Orders No. 7, 8, 9, 13, 16, and 18 to Agreement No. 19-069 with Security Paving Company ($406,548.50; revised not to exceed $147,728,784.75) for the Centennial Corridor Mainline Project. AGR 19-069 CCO 7, CCO 8, CCO 9, CCO 13, CCO 16, CCO 18 3640 Bakersfield, California, September 9, 2020- Page 10 8. CONSENT CALENDAR continued ai. Contract Change Orders No. 3, 24, and 28 to Agreement No. 18- 176 with Security Paving Company ($78,541.80; revised not to exceed $49,612,363.67) for the Bakersfield Freeway Connector Project. AGR 18-176 CCO 3, CCO 24, CCO 28 Bids: aj. Accept bid and approve contract to Precision Fertilizer Spreading ($103,000) for the annual provision - Hauling and Spreading Biosolids. AGR 2020-158 ak. Accept bid and approve contract to Kern Sprinkler Landscaping, Inc. ($1,000,000), for on-call irrigation and landscape service. AGR 2020-159 al. Accept bid and approve contract to Bowman Asphalt, Inc. ($858,672), for the supply of HUD funded street materials. AGR 2020-160 am. Accept bid from DL Brown Construction, ($342,961) for Tevis Park Playground Rehabilitation Project. AGR 2020-161 an. Accept bid and approve contract with Bowman Asphalt, Inc. ($3,116,228), for Pavement Rehabilitation Project: Truxtun Avenue from Elm Street to Chester Avenue. AGR 2020-162 ao. Extend Bid from Golden State Peterbilt ($498,018.94) for a vacuum combination truck for the Public Works Department, Streets Division. ap. Extend Bid from Golden State Peterbilt, Bakersfield ($1,425,234.29) for 4 four -axle front -loading refuse trucks for the Public Works Department, Solid Waste Division. aq. Extend Bid from Golden State Peterbilt, Bakersfield ($1,524,061.28) for 4 four -axle side -loading refuse trucks for the Public Works Department, Solid Waste Division. 1 00 Bakersfield, California, September 9, 2020- Page 11 8. CONSENT CALENDAR continued Miscellaneous: ar. Appropriate $100,000 in Utility Surcharge Fund balance to the Public Works Department's Capital Improvement Fund budget in the Road Utility Surcharge Fund for the 34th Street Rule 20-A utility undergrounding project. as. Appropriate $10,000 Fire Trust - Hazmat Penalty Funds to the Certified Unified Program Agency (CUPA) Fund Operating Budget for a Temporary Clerk Typist. at. Appropriate $40,000 Park Improvement Fund balance from Southwest Developer Reimbursement - Zone 1 to Recreation and Parks Department Capital Improvement Budget within the Capital Outlay Fund for the Silver Creek Park Pool Boiler Replacement Project. au. Appropriate $150,000 inspection fee revenue to the Public Works Department operating budget within the Development Services Fund. ay. Appropriate $12,214 of interest within the PTMISEA Fund to the Public Works Department's Capital Improvement Budget for Golden Empire Transit (GET) Bus Stop ADA Improvements. aw. Revised Job Specifications: 1. Job Specification Revision: Fire Battalion Chief #68130 2. Job Specification Revision: Legal Secretary #26310 Successor Agency Business: ax. Receive and file Successor Agency payments from July 31, 2020, to August 27, 2020, in the amount of $438,023.35. Public Safety/Vital Services Measure: ay. Amendment No. 1 to Agreement No. 2020-133 with JAB Communications Inc. (not to exceed $135,000), for installation of data network cabling at 1900 E. Brundage Lane. AGR 2020-133(1) az. Contract Change Order No. 1 to Agreement No. 2020-149 with Contra Costa Electric ($14,127; revised not to exceed $149,047) for the installation of a new electrical system for the Brundage Lane Navigation Center. AGR 2020-149 CCO 1 3642 S. 9. Bakersfield, California, September 9, 2020- Page 12 CONSENT CALENDAR continued ba. Purchase of full size half ton pickups 1. Accept bid from Richland Chevrolet Co. ($171,863.74) for seven full size half -ton pickups. 2. Appropriate $24,600 Equipment Management Fund balance to the Public Works Department's Operating Budget to fund the purchase cost of one pickup. Councilmember Weir requested item 8.s. be removed for separate consideration. Motion by Vice -Mayor Parlier to adopt Consent Calendar items 8.a. through 8.ba., with the removal of item 8.s. for separate consideration. Motion passed. S. Contribution Agreement with the Greater Bakersfield Chamber of Commerce for the Better Bakersfield and Boundless Kern Initiative (B3K). AGR 2020-151 Councilmember Weir requested staff include language, in agreements with entities, that account for how funding is being spent. Motion by Councilmember Weir to adopt Consent Calendar item 8.s. Motion passed. CONSENT CALENDAR PUBLIC HEARINGS (Staff recommends conducting Consent Calendar Public Hearing and approving staff recommendations.) None. 10. HEARINGS a. Public Hearing to consider a resolution ordering the vacation of a portion of the'T" alley between H Street and Eye Street, behind 1629 California Avenue. (Staff recommends adopting the. resolufion.) RES 134-2020 Public Works Director Fidler made staff comments. Hearing item 10.a. opened at 6:31 p.m. No one spoke. Hearing item 10.a. closed at 6:32 p.m. 3643 Bakersfield, California, September 9, 2020— Page 13 10. HEARINGS continued ITEM 10.a. CONTINUED Motion by Councilmember Gonzales to adopt the resolution. Motion passed. b. Public Hearing to consider resolution setting Domestic Water Availability Fee for service areas of the City of Bakersfield Domestic Water system. (Staff recommends adoption of the resolution.) RES 135-2020 Water Resources Manager Chianello made staff comments. Hearing item I O.b. opened at 6:40 p.m. No one spoke. Hearing item 10.b. closed at 6:41 p.m. Motion by Vice -Mayor Parlier to adopt the resolution. Motion passed. C. Public Hearing to consider Conditional Use Permit No. 20-0170 (Appeal). The Bakersfield -Kern Regional Homeless Collaborative is proposing a temporary conditional use permit for "Project Roomkey". The project provides temporary housing of persons experiencing homelessness who are deemed high-risk of contracting COVID-19 to shelter -in-place at an existing motel (Rosedale Inn) in the C-2 (Regional Commercial Zone) district, located at 2604 Buck Owens Blvd. Sparks Law First representing Heart Hospital of BK, LLC submitted an appeal of the Board of Zoning Adjustment's decision to approve the proposal. Notice of exemption on file (CUP No. 20-0170). (City Council determination.) RES 136-2020 Assistant City Clerk Legge announced a staff memorandum was received regarding item 10.c., transmitting additional correspondence. Planning Director Johnson made staff comments and provided a PowerPoint presentation. Hearing item 10.c. opened at 6:46 p.m. The following individuals spoke in opposition to the project: Dr. Brijesh Bhambi (submitted written material); Jerry Sparks, on behalf of the appellant; and Michelle Oxford, CEO of the Bakersfield Heart Hospital. 3644 10. 11. 12. 13. 14. Bakersfield, California, September 9, 2020- Page 14 HEARINGS continued ITEM 10.c. CONTINUED The following individuals spoke in support of the project: Anna Lavin; Deborah Johnson; Bill Walker; and Margarita Rosson. Dr. Brijesh Bhambi and Jerry Sparks spoke in rebuttal opposition to the project. Anna Lavin and Deborah Johnson spoke in rebuttal support of the project. Hearing item I O.c. closed at 7:26 p.m. Mayor Goh recessed the meeting at 7:26 p.m. and reconvened the meeting at 7:33 p.m. Motion by Councilmember Weir to uphold the appeal. Motion passed. Councilmember Gonzales requested staff identify alternatives for this project, such as the temporary isolation unit at the fairgrounds. Councilmember Gonzales requested staff look into the possibility of creating some space at the Brundage Lane Navigation Center that might be available for people that might be vulnerable, and need to isolate. REPORTS None. DEFERRED BUSINESS None. NEW BUSINESS None. COUNCIL AND MAYOR STATEMENTS J Councilmember Rivera requested staff prepare a reasonable accommodation ordinance for consideration by the Planning and Development Committee at their next meeting. Vice -Mayor Parlier requested an update on the police motorcycle unit. Vice -Mayor Parlier requested staff look at the possibility of waiving the COVID-related Special Event Permit fee. Bakersfield, California, September 9, 2020- Page 15 14. COUNCIL AND MAYOR STATEMENTS continued Councilmember Gonzales requested staff develop an ordinance amendment that would allow the use of storage containers for human habitation. Councilmember Sullivan requested the State of the City presentation be promoted on the City's online platforms. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 7:57 p.m. KAREN GOH MAYOR of the City of Bakersfield ATTEST: V%�' �Mffi�A6 J LIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 1 3645