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HomeMy WebLinkAbout11/18/20 CC MINUTES1 1 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 18, 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 Gonzales, Weir, Smith, Freeman (seated at 3:32 p.m.), Sullivan (seated at 3:35 p.m.) Absent: Rivera SPECIAL NOTICE Public Participation and Accessibility November 18, 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 November 18, 2020, at 3:30 p.m. will have limited public access. 2. The meeting scheduled for November 18, 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: 3692 3693 Bakersfield, California, November 18, 2020— Page 2 View a live video stream of the meeting at https://bakersfield.novusagenda.com/Agenda Public/ or, on your local government channel (KGOV). 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. PUBLIC STATEMENTS None. 3. WORKSHOPS a. Presentation on the market analysis findings from the City's consultant and 133K regional prosperity project. (Receive and File.) Nick Ortiz, Greater Bakersfield Chamber of Commerce, made comments and provided a PowerPoint presentation. Roger Dale, The Natelson Dale Group, made additional comments and provided a PowerPoint presentation. City Manager Clegg made staff comments. 4. CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (d) (1) regarding Christopher Messick v. Civil Service Board for the Bakersfield Police Department, et al. Kern County Superior Court Case No. BCV -19- 101275. Bakersfield, California, November 18, 2020— Page 3 4. CLOSED SESSION continued b. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code Section 54956.9(d) (2),(e) (3) (One matter). Re: Notice of Intent to Commence CEQA action Motion by Vice -Mayor Parlier to adjourn to Closed Session at 4:40 p.m. The Closed Session meeting was adjourned at 5:25 p.m. Meeting reconvened at 5:36 p.m. 5. CLOSED SESSION ACTION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(1) regarding Christopher Messick v. Civil Service Board for the Bakersfield Police Department, et al. Kern County Superior Court Case No. BCV -19- 101275. By a unanimous vote of 6-0, with Councilmember Rivera absent the City Attorney was given direction. b. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code Section 54956.9 (d) (2), (e) (3) (One matter). Re: Notice of Intent to Commence CEQA action By a unanimous vote of 6-0, with Councilmember Rivera absent, the City Council directed the City Attorney to stipulate to the temporary restraining order with the petitioner, in return for petitioner not seeking recovery of any legal fees. City Attorney Gennaro announced that the hen ordinance will not go into effect and the public should refrain from obtaining any type of hen or coop at this time. 6. ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting at 5:37 p.m. 1 3694 3695 Bakersfield, California, November 18, 2020— Page 4 REGULAR MEETING- 5:41 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Gonzales, Weir, Smith, Freeman, Sullivan Absent: Rivera SPECIAL NOTICE Public Participation and Accessibility November 18, 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 November 18, 2020, at 3:30 p.m. will have limited public access. 2. The meeting scheduled for November 18, 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: View a live video stream of the meeting at https://bakersfield.novusagendo.com/AgendaPublic/ or, on your local government channel (KGOV). 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. 3696 Bakersfield, California, November 18, 2020— Page 5 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 Zoe Ellis, Councilmember Sullivan's great-granddaughter. 3. PLEDGE OF ALLEGIANCE by Zoe Ellis, Isaac Ellis, and Selah Ellis, Councilmember Sullivan's great- grandchildren. 4. PRESENTATIONS None. 5. PUBLIC STATEMENTS a. Lindsay Bloom Nutter spoke regarding the upcoming film Charlie's Christmas Wish and submitted written material. b. Tina Miller, US Navy Veteran, expressed appreciation to Councilmember Sullivan for her public service and her non-profit organization In God We Trust America. 6. WORKSHOPS None. 7. APPOINTMENTS None. 3697 Bakersfield, California, November 18, 2020— Page 6 S. CONSENT CALENDAR (Staff recommends adoption of Consent Calendar items.) Minutes: a. Approval of minutes of the November 4, 2020, Regular City Council Meetings. Payments: b. Receive and file department payments from October 23, 2020, to November 5, 2020, in the amount of $13,847,481.19; Self Insurance payments from October 23, 2020, to November 5, 2020, in the amount of $467,588.01; totaling $14,315,069.20. Ordinances: Resolutions: C. Resolution approving an application to the Kern County Local Agency Formation Commission to annex uninhabited territory into the City identified as Annexation No. 700 (South Union No. 17), generally located on the northwest corner of the South Union Avenue and Astor Avenue intersection. A finding that the project is exempt from the California Environmental Quality Act under Section 15319(a) will also be considered (Ward 1). RES 176-2020 d. Resolution approving an application to the Kern County Local Agency Formation Commission to annex inhabited territory into the City, identified as Annexation No. 703 (Landco No. 4), located at the southeast corner of the Hageman Road and Landco Drive intersection. A finding that the project is exempt from the California Environmental Quality Act under Section 15319(a) will also be considered (Ward 3). RES 177-2020 e. Resolution of the Bakersfield City Council dispensing with formal bidding procedures in the purchase of wireless voice, data, and accessories from Cellco Partnership, D/B/A Verizon wireless and authorizing the use of cooperative procurements contracts for the purchase of wireless voice, data, and accessories in an amount not to exceed $2,500,000. RES 178-2020 1 1 Bakersfield, California, November 18, 2020— Page 7 8. CONSENT CALENDAR continued f. Purchase of a Caterpillar wheel loader: 1. 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 $333,000. RES 179-2020 2. Appropriate and Transfer $333,000 Refuse Enterprise Fund balance to the Public Works Operating Budget within the Equipment Management Fund for the purchase. g. Emergency rental of a temporary chiller and the emergency purchase and installation of 155 -ton chiller at the Bakersfield Police Department's (BPD) Headquarters Facility Downtown: 1. Resolution dispensing with normal bidding procedures due to the urgent need to purchase and install a 155 -ton chiller at BPD Headquarters to repair the buildings Heating, Ventilation, and Air Conditioning (HVAC) system not to exceed $112,000 and to rent a temporary chiller unit to operate the HVAC system at the BPD Headquarters until the installation of the new chiller has been completed, not to exceed $54,500. RES 180-2020 2. Agreement with EMCOR Services Hillcrest to install a 155 -ton chiller at BPD Headquarters, not to exceed $112,000. AGR 2020-238 3. Agreement with TRANE to provide and install a temporary chiller at the BPD Headquarters so the HVAC will be functional throughout the facility until the new permanent chiller is installed, not to exceed $54,500. AGR 2020-239 4. Appropriate $112,000 from the Facility Replacement Reserve to the Public Works Department Capital Improvement Budget within the Capital Outlay Fund and appropriate $54,500 from the Facility Replacement Reserve Fund to the Public Works Department Operating Budget within the General Fund for procurement and rental of 155 - ton chiller. 3699 Bakersfield, California, November 18, 2020- Page 8 8. CONSENT CALENDAR continued h. Amendment No. 5 to Resolution No. 179-19 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits. RES 179-19(5) 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: ROI No. 2064 adding Area 4-226 (623 Kentucky Street) - Ward 2 R012064 2. ROI No. 2065 adding Area 4-227 (119 L Street) - Ward 1 R012065 3. ROI No. 2066 adding Area 4-209 (1401 K Street) -Ward 2 R012066 - 4. ROI No. 2067 adding Area 4-221 (205 Quantico Avenue) - Ward 1 R012067 Agreements: Kern River Interests Cost Sharing Agreement, with the Buena Vista Water Storage District, Kern County Water Agency, Kern Delta Water District, North Kern Water Storage District and City (not to exceed $42,000) relating to United States Army Corps of Engineers Restrictions on Use of Isabella Reservoir Storage Space. AGR 2020-240 k. Agreement with Tyler Technologies, Inc. ($90,698), for the purchase of Advanced Scheduling software as a service to be used by Bakersfield Police Department. AGR 2020-241 Agreement with Pacific West Sound, Inc. (not to exceed $700,000), for design and installation of a new broadcast and audio visual system for the Council Chambers. AGR 2020-242 1 3700 Bakersfield, California, November 18, 2020— Page 9 8. CONSENT CALENDAR continued M. Agreement with Servexo Protective Services (not to exceed $191,920) to provide daily 24 hour onsite security services at the Bakersfield Amtrak Station. AGR 2020-243 n. Final Map and Improvement Agreement with Rosedale Development Ventures, LLC for Parcel Map No. 12326, Located at the SEC of Rosedale Highway and Gibson Street. AGR 2020-244 o. Amendment No. 1 to Improvement Agreement No. 19-206 with Castle & Cooke California, Inc. for Tract 7300 Unit 5, to exchange Security provided from one bonding company with Security from a different bonding company. AGR 19-206(1) P. Amendment No. 1 to Agreement No. 2020-152 with Housing Authority of the County of Kern (HACK) for CARES Rental Assistance. AGR 2020-152(1) q. Amendment No. 2 to Agreement No. 15-263 with California Eminent Domain Law Group ($100,000; revised not to exceed $600,000) to provide outside legal services for the Centennial Corridor Project. AGR 15-263(2) r. Amendment No. 2 to Agreement No. CM 19-065 with Lehigh Outfitters (not to exceed $85,000 and extend term to December 31, 2021) for annual safety footwear program. AGR 2020-245 S. Professional security services: 1. Amendment No. 1 to Agreement No. WR 19-045 with M & S Security, Inc. ($40,000; revised not to exceed $140,000), for professional security services. AGR 2020-246 2. Appropriate $100,000 from the fund balance to the Water Resources Domestic Water Enterprise Fund. 1 3701 Bakersfield, California, November 18, 2020 -Page 10 8. CONSENT CALENDAR continued t. Amendment No. 1 to Agreement No. 18-100 with BSK Associates Engineering & Laboratories ($66,480; revised not to exceed $174,600 and extend term until December 31, 2021) for groundwater monitoring and reporting for the Wastewater Division. AGR 18-100(1) U. Amendment No. 2 to Agreement No. 18-012 with AECOM (extend term to June 30, 2022) for the Storm Water Pump Station: Police Department Pistol Range project. AGR 18-012(2) V. Professional engineering services: 1. Amendment No. 1 to Agreement No. 19-161 with Quad Knopf, Inc. ($100,000; revised not to exceed $150,000), for professional engineering services. AGR 19-161(1) 2. Appropriate $50,000 in fund balance to the Water Resources Capital Improvement Program budget within the Domestic Water Enterprise Fund. W. Kern River SCADA Project: 1. Amendment No. 1 to Agreement No. 2020-015 with W.M. Lyles ($417,150; revised not to exceed $2,169,402) for design/build services for the Kern River SCADA project. AGR 2020-015(1) 2. Appropriate $375,000 in River and Ag Water fund balance to the Water Resources Capital Improvement Program budget within the River and Ag Water Enterprise Fund. X. Contract Change Order No. 3 to Agreement No. 2020-042 with Unified Field Services Corporation, ($186,508; revised not to exceed $1,187,232.14) to construct the Water Well Project. AGR 2020-042 CCO 3 Y. Contract Change Order No. 10 to Agreement No. 18-154 with Griffith Company for ($261,407.24; revised not to exceed $29,764,740.61) for the 24th Street Operational Improvement Project. AGR 18-154 CCO 10 1 3702 Bakersfield, California, November 18, 2020— Page 11 8. CONSENT CALENDAR continued Z. Contract Change Order No. 202 to Agreement No. 14-241 with Security Paving Company ($252,000; revised not to exceed $90,349,269.13) for the Beltway Operational Improvements Project. AGR 14-241 CCO 202 Bids: aa. Accept bid and approve contract to J. L. Plank, Inc., dba Cen- Cal Construction ($103,989) for the construction of HUD curb, and gutter for the Castro area. AGR 2020-247 ab. Accept bid and approve contract to J. L. Plank, Inc., dba Cen- Cal Construction ($141,354) for the construction of HUD curb, and gutter for the La France area. AGR 2020-248 ac. Accept bid and approve contract to J. L. Plank, Inc., dba Cen- Cal Construction ($113,561.50) for the construction of HUD curb, and gutter for the Oleander area. AGR 2020-249 ad. Accept bid and approve contract to J. L. Plank, Inc., dba Cen-Cal Construction ($92,617.50) for the construction of HUD curb, and gutter for the Old Town Kern/Beale Area. AGR 2020-250 ae. Accept bid and approve contract with Loop Electric Inc. ($466,508), for the project Traffic Signal Interconnect on Buena Vista Road between White Lane and Stockdale Highway, Allen Road between Stockdale Highway and Westside Parkway, and Calloway Drive between Stockdale Highway and Brimhall Road. AGR 2020-251 Miscellaneous: of. Appropriate Federal and Gas Tax Funds to Traffic Signal Interconnect Projects: 1. Appropriate $343,080 in federal Congestion Mitigation Air Quality (CMAQ) Funds into the Public Works Department's Capital Improvement Program (CIP) Budget within the Federal/State Fund for the Traffic Signal Interconnect on Akers Road between Hosking Avenue and Panama Lane project (Akers project). 3703 8. Bakersfield, California, November 18, 2020— Page 12 CONSENT CALENDAR continued ITEM 8.af. CONTINUED 2. Appropriate $136,969 in federal CMAQ Funds into the Public Works Department's CIP Budget within the Federal/State Fund for the Traffic Signal Interconnect on Brundage Lane between H Street and P Street project (Brundage Project). 3. Appropriate $142,000 Gas Tax Fund (GTF) balance ($97,000 for the Akers project and $45,000 for the Brundage project) to the Public Works Department's CIP Budget for the local share of projects. ag. Authorize the Finance Director to write off accounts receivable in various funds totaling $12,988.73 and forward non bankrupt accounts to a collection agency for additional collection efforts. ah. Authorization for the City Manager to negotiate and execute an agreement with Bitwise Industries, Inc. for the Bakersfield CARES - Apprenticeship Program in an amount not to exceed $750,000. ai. Fiscal Year 2019-2020 Annual Compliance Report for Park Impact Fees prepared in accordance with California Government Code § 66006. aj. Position Reclassification: Business Manager (#57880) ak. Job Specification Revision: Light Equipment Operator # 13160 Successor Agency Business: Public Safety/Vital Services Measure: al. Resolution determining that Motorola mobile and portable radios cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with normal bidding therefore and purchase radio equipment from Motorola Solutions Inc., not to exceed $10,000. RES 181-2020 am. Resolution determining that a Peterbilt 348 rear loading trash truck can most efficiently be obtained through cooperative procurement bidding procedures from Golden State Peterbilt and authorizing the Finance Director to dispense with bidding thereof, not to exceed $315,000. RES 182-2020 3704 Bakersfield, California, November 18, 2020- Page 13 8. CONSENT CALENDAR continued an. Design Consultant Agreement with Engel & Company, Inc. (not to exceed $50,000), for the Downtown Fleet Services Police Garage Remodel Project. AGR 2020-252 ao. Amendment No. 1 to Agreement No. 2020-035 (extend term to November 30, 2021) with Tanko Streetlighting, Inc. for the Decorative Streetlight Retrofit with Light Emitting Diode Technology. AGR 2020-035(1) ap. Contract Change Order No. 2 to Agreement No. 2020-071 with Rymac General Contracting, Inc. ($27,572; revised not to exceed $843,360) for dry wall finishing work at the Brundage Lane Navigation Center. AGR 2020-071(2) Assistant City Clerk Legge announced a staff memorandum was received regarding item 8.f., revising the appropriation language. Motion by Vice -Mayor Parlier to adopt Consent Calendar items 8.a. through 8.ap. Motion passed with Councilmember Rivera absent. 9. CONSENT CALENDAR PUBLIC HEARINGS (Staff recommends conducting Consent Calendar Public Hearing and approving staff recommendations.) None. 10. HEARINGS a. Public Hearing to consider Conditional Use Permit No. 20-0087 (Appeal). Lane Engineers, LLC, is proposing a conditional use permit to allow a truck stop (Love's Travel Stop and Country Store) in the M-1 (Light Manufacturing Zone) district, located at the northeast corner of Taft Highway and South H Street. Ronald Morse submitted an appeal of the Board of Zoning Adjustment's decision to approve the proposal. Addendum to a Mitigated Negative Declaration on file (CUP No. 20-0087). (Staff recommends adoption of Resolution upholding the decision of the Board of Zoning Adjustment and approving Conditional Use Permit No. 20-0087.) RES 183-2020 A staff memorandum was received regarding item l O.a., transmitting correspondence received in opposition. Planning Director Johnson made staff comments and provided a PowerPoint presentation. 3705 10. 11 12 Bakersfield, California, November 18, 2020- Page 14 HEARINGS continued ITEM 10.a. CONTINUED Hearing item 10.a. opened at 6:00 p.m. The following individuals spoke in opposition to the staff recommendation: Hayden Tidwell; Carlos Papion; Grace Morse; Tom Davis; Frank Trovekio; Rupert Salinas; Roberta Papion; Travis Levey; Jan Salvo; Robert Leaser; Michael Montano; and Jerry Nichols. Motion by Vice -Mayor Parlier to extend the time limit for public statements by an additional 15 minutes for each side. Motion passed with Councilmember Rivera absent. Kym Van Dyke, Love's Travel Stop and Country Store, spoke in support of the staff recommendation and submitted written material. The following individuals spoke in rebuttal opposition to the staff recommendation: Reba Tidwell; Hayden Tidwell; and Grace Morse. August Zimore spoke in rebuttal support of the staff recommendation. Hearing item 10.a. closed at 6:58 p.m. Motion by Vice -Mayor Parlier to approve the staff recommendation with the condition that the applicant will be a good neighbor, the discussed security, and the wall graffiti mitigation. Motion passed with Councilmember Rivera absent. REPORTS None. DEFERRED BUSINESS a. Resolutions repealing/amending/clarifying various sections of the Council Procedural Manual Chapter Two. (Staff recommends City Council determination.) RES 58-96(1), RES 184-2020, RES 185-2020, RES 186-2020, RES 187-2020, RES 188-2020, RES 189-2020, RES 190-2020, RES 191-2020, RES 152-01(6) Assistant City Clerk Legge announced a staff memorandum was received regarding item 12.a., transmitting a revised resolution. City Attorney Gennaro made staff comments and provided a PowerPoint presentation. Motion by Vice -Mayor Parlier to adopt the resolutions in Exhibits B and C. Motion passed with Councilmember Rivera absent. Bakersfield, California, November 18, 2020- Page 15 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS City Manager Clegg provided an update on the Brundage Lane Navigation Center; and announced the fourth annual Christmas tree lighting ceremony will be held on November 28th. Councilmember Gonzales requested that staff review development fees that are applied to development in the downtown area and scope out a list of incentives to spur development in the downtown area. Councilmember Gonzales requested that the Planning and Development Committee explore the possibility of an ordinance to allow for boutique wineries in the downtown area, similar to the ordinance that allows for microbreweries. Councilmember Sullivan spoke regarding the 25 years she has served on the City Council; and expressed appreciation to staff she has had the opportunity to work with over the years. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 7:55 p.m.- KAREN .m.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 1 3706