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HomeMy WebLinkAbout03/03/21 CC MINUTES1 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 3, 2021 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 Weir, Councilrnembers Arias, Gonzales, Smith, Freeman, Gray, Parlier Absent: None. SPECIAL NOTICE Public Participation and Accessibility March 3, 2021 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 March 3, 2021, at 3:30 p.m. will have limited public access. 2. The meeting scheduled for March 3, 2021, 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.novusagenda.com/AgendaPublic/ or, on your local government channel (KGOV). 3780 3781 Bakersfield, California, March 3, 2021- 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. PUBLIC STATEMENTS a. The following individuals expressed concern with upcoming changes to GET Bus schedule and routes: Nicholas Blanchard (submitted written material); Tanner Thompson; Dustin Combs; Ethan Morrison; and David Eynaud. b. Riddhi Patel expressed concern with the City's efforts in protecting public transportation and making the city a better place for marginalized communities. Councilmember Gray stated for the record, that the Council does not condone the behavior demonstrated in the chambers tonight; we are a city that is honorable; we honor our constituents and are here to serve every member of the community, not just the chosen few. C. Bridge Steward spoke in opposition to the County of Kern's gas and oil wells ordinance. 3. WORKSHOPS a. Bakersfield Police Department Community Collaborative. (Staff recommends the Council receive and file presentation.) City Clerk Drimakis announced a staff memorandum was received requesting item 3.a. be removed from the agenda. 3782 Bakersfield, California, March 3, 2021- Page 3 3. WORKSHOPS continued b. Review of Chapter One, Three, Four and Five of the Council Policy and Procedure Manual. (Staff recommends City Council determination.) City Clerk Drimakis announced a staff memorandum was received regarding item 3.b., transmitting additional changes. City Attorney Gennaro made staff comments and provided a PowerPoint presentation. Motion by Vice -Mayor Weir to direct staff to make all changes and return to Council with the resolutions. Motion passed. 4. CLOSED SESSION None. 5. CLOSED SESSION ACTION None. 6. ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting at 4:15 p.m. REGULAR MEETING - 5:15 PM 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Weir, Councilmembers Arias, Gonzales, Smith, Freeman, Gray, Parlier Absent: None SPECIAL NOTICE Public Participation and Accessibility March 3, 2021 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: 3783 Bakersfield, California, March 3, 2021— Page 4 1. The meeting scheduled for March 3, 2021, at 3:30 p.m. will have limited public access. 2. The meeting scheduled for March 3, 2021, 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.novusagenda.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. 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 Mayor Goh. 3. PLEDGE OF ALLEGIANCE by Councilmember Smith. 4. PRESENTATIONS None. 1 3784 Bakersfield, California, March 3, 2021— Page 5 5. PUBLIC STATEMENTS a. Michael Turnipseed, Kern County Taxpayers Association, congratulated Mr. Clegg on his one-year anniversary with the City; expressed concern with the use of Measure N funds for projects; TCC funds for disadvantaged communities; and inquired about recent reports of City staff conducting background checks on citizens who complained about the Safe at Home program. b. Riddhi Patel spoke in support of the use of FEMA reimbursement funds for the unhoused community; and in opposition of a proposed Kern County oil and gas wells ordinance. Councilmember Gonzales asked staff to look into the FEMA reimbursement program for shelter in place for persons experiencing homelessness. C. Emma De La Rosa, Leadership Counsel for Justice and Accountability, requested the Council adopt a resolution in support of Assembly Bill 339, to provide greater public access to meetings of local agencies by promoting the use of telecommunications technology to allow remote participation and to increase language access. Councilmember Arias requested that the Legislative & Litigation committee discuss AB 339. d. Michael Harless expressed concern with upcoming changes to GET Bus schedule and routes; and submitted written material. e. The following individuals spoke in support of the addition of lights or signals at the Golden Valley crosswalk on Monitor Street: Nataly Santamaria; Janetzi Santamaria; Barbara Perez; Paul Hellman; and Gema Perez (translated by Nataly Santamaria). Councilmember Parlier requested that Council contingency funds or other available funds be used this fiscal year to improve the intersection at Monitor and Hosking. Councilmember Arias requested staff review the sidewalks in the community surrounding Golden Valley High School to ensure students have safe access to walk to and from school. Melanie Scherer emailed comments and requested funding for Spay Neuter Imperative Project clinics for the Fiscal Year 2021/2022. g. Phillip Smith emailed comments expressing concern with access to the GET bus due to shopping carts being left along Mill Creek. 3785 Bakersfield, California, March 3, 2021— Page 6 5. PUBLIC STATEMENTS continued h. An unknown citizen sent written comments expressing concern with the collection of information from the public and internet scamming. i. Nikhit Bhatia emailed comments regarding a free trial of police body camera analytics software. The following individuals emailed comments expressing concern with the City's efforts to protect victims of domestic violence and the confidentiality of addresses: Alex Sinclair; Cammie and Rick; GNM; IKS; Kim E; Lisa Franklin; Lizzy1836; Matt Riley; Rosa Hernandez; Sandra B; SCG661; Sue Anne; Westin Kress; Domestic Abuse Resource Center; and TI Benton. 6. WORKSHOPS a. Presentation by Office of California State Insurance Commissioner (Staff recommends the Council receive and file the presentation.) Sally Westlake, California Department of Insurance, made comments and provided a PowerPoint presentation. Councilmember Arias requested staff engage with Ms. Westlake to determine the best way to work to get information on the California Low Cost Auto Insurance program (CLCA) into the community. Motion by Councilmember Arias to receive and file the presentation. Motion passed. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. Minutes: a. Approval of minutes of the February 17, 2021, Regular City Council Meetings. Payments: b. Receive and file department payments from February 5, 2021, to February 18, 2021, in the amount of $13,835,610.78; Self Insurance payments from February 5, 2021, to February 18, 2021, in the amount of $226,313.81; totaling $14,061,924.59. 1 1 1 Bakersfield, California, March 3, 2021— Page 7 8. CONSENT CALENDAR continued Ordinances: C. First reading of an ordinance amending the Bakersfield Municipal Code by amending Section 17.04.285 relating to food and/or shelter service agency and adding Sections 17.04.602, 17.04.608, and 17.04.626 relating to supportive housing, target population, and transitional housing, in order to provide for consistency with State of California Department of Housing and Community Development guidelines and requirements. Notice of Exemption on file. FR ONLY d. Adoption of Ordinances amending Title 17 of the Bakersfield Municipal Code for property located at the northwest corner of the South Union Avenue and Astor Avenue intersection (GPA/ZC No. 19-0405, McIntosh & Associates representing Price Environmental Services) (FR 2/17/2021). Adoption of Ordinance changing the zone classification from R -S-1 A (Residential Suburban 1 Acre Minimum) to M-1 (Light Manufacturing) or a more restrictive zone classification on 1.45 acres within the City limits. ORD 5046 2. Adoption of Ordinance changing the pre -zone classification from R -S-1 A (Residential Suburban 1 Acre Minimum) to M-1 (Light Manufacturing) or a more restrictive zone classification on 1.19 acres outside the City limits. ORD 5047 Resolutions: e. 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 authorizing collection of the assessments by the Kern County Tax Collector. RES 024-2021 3786 3787 8. Bakersfield, California, March 3, 2021- Page 8 CONSENT CALENDAR continued f. Resolutions ratifying the submission of applications for funding the Rehabilitate North Apron Pavement, Sections A and C Construction project for the Bakersfield Municipal Airport under Airport Improvement Program Project No. 3-06-0323-023-2021 and authorizing the City Manager or his designee to execute all necessary documents to the: 1. U.S. Department of Transportation Federal Aviation Administration (FAA); and RES 025-2021 2. California Department of Transportation Division of Aeronautics. RES 026-2021 g. Resolution ratifying the submission of an application to the U.S. Department of Transportation Federal Aviation Administration for funding under the Coronavirus Response and Relief Supplemental Appropriations Act and authorizing the City Manager or his designee to execute all necessary documents. RES 027-2021 h. Resolutions of Intention 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. 2078 adding Area 4-238 (102 L Street) - Ward 1 ROI 2078 2. ROI No. 2079 adding Area 5-107 (2300 White Lane) -Ward 7 ROI 2079 Agreements: Agreement with Economic Consultants Oregon LTD (DBA ECONorthwest) ($573,520) to prepare an Affordable Housing Strategy and Supporting Programs with Senate Bill 2 Planning Grant funds. AGR 2021-039 j. Economic Opportunity Area Incentive Program - Grant Agreement with Birchfield CPA ($26,780) REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, March 3, 2021- Page 9 8. CONSENT CALENDAR continued k. Economic Opportunity Area Incentive Program - Grant Agreement with Carpet Cave ($82,814) AGR 2021-040 Kern County Housing Authority Agreement: Agreement with Housing Authority of the County of Kern for Emergency Rental Assistance Program for those negatively affected by the COVID-19 Pandemic. AGR 2021-041 2. Appropriate $11,421,297.99 in CARES Federal Emergency Rental assistance Funds to the CARES COVID Relief Fund Economic and Community Development Department Operating Budget. M. 22nd Street Lofts Affordable Housing Project: 1. Approve Agreement with 22nd Street Lofts LP for $1,250,950.48 U.S. Department of Housing (HUD) Home Investment Partnerships (HOME) funds and $99,049.52 Neighborhood Stabilization Program (NSP) funds for the development of 20 affordable housing units located at 811 22nd Street (APN 005-251-03) in Central Bakersfield. 2. Appropriate $99,049.52 Neighborhood Stabilization fund balance to the Economic & Community Development Operating Budget. REMOVED BY STAFF n. Agreement with Metropolitan Recycling Corporation (not to exceed $300,000) for the acceptance of commingled recyclables. AGR 2021-042 o. Transportation Impact Fee Reimbursement Agreement with Kern High School District (not to exceed $190,000) for installation of a traffic signal at the southwest corner of South Fairfax Road and Redbank Road. AGR 2021-043 P. Agreement with Summit Capital Ventures, Inc. ($169,000), for the purchase of real property located west of Windemere St. and south of Pensinger Rd. for a future domestic water well site. AGR 2021-044 3789 Bakersfield, California, March 3, 2021- Page 10 8. CONSENT CALENDAR continued q. Final Map, Improvement Agreement, and Landscape Agreement with Iron Rock Development, LLC for Tract 6802 Phase 2 located on the west of Akers Road and North of Rolling Rock Avenue. AGR 2021-045, AGR 2021-046 r. Final Map and Improvement Agreement with RGF Land Company, Inc. for Tract 7261, Phase 4 Located at the Southeast Corner of Gosford Road and Panama Lane. AGR 2021-047 Final Map and Improvement Agreement with Castle & Cooke California Inc., a California Corporation for Tract 7300, Unit 6 located South of Ming Avenue and East of Highgate Park Boulevard. AGR 2021-048 t. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 7354, Unit 3 Located Generally South of Ming Avenue and Along the West Side of Highgate Park Boulevard in the West Ming Specific Plan Area. AGR 2021-049 U. Amendment No. 1 to Agreement No. 2020-040 with ARGO Chemical, ($90,000 revised not to exceed $200,000, and extend the term one year) to continue the supply of pool chemicals. AGR 2020-040(1) V. Amendment No. 1 to Agreement No. 2020-043 with Provost & Pritchard Consulting Group ($25,000; revised not to exceed $145,000) for Construction Management and Inspection Services for the construction of Water Well CBK-58 Facilities. AGR 2020-043(1) W. Amendment No. 3 to Agreement No. 19-173 with Synagro WWT, INC. ($300,000; revised not to exceed $460,000), to continue accepting recycled wood material. AGR 19-173(3) X. Amendment No. 2 to Agreement No. 19-179 with Axon Enterprise, Inc., ($2,914,899.49; revised not to exceed $2,936,598.79) to add a Statement of Work for Axon's "Interview Room" annual software maintenance and license services for four years. AGR 19-179(2) Bakersfield, California, March 3, 2021 — Page 11 8. CONSENT CALENDAR continued Y. Amendment No. 3 to Agreement No. 18-201 with NV5, Inc. for extension of time for completion of construction management services and closeout activities associated with the Stockdale Hwy and Enos Lane (SR 43) Roundabout Project. AGR 18-201(3) Z. Contract Change Orders No. 26 and 37 to Agreement No. 18-176 with Security Paving Company ($38,430.72; revised not to exceed $49,650,794.39) for the Bakersfield Freeway Connector Project. AGR 18-176 CCO 26, CCO 37 aa. Contract Change Order Nos. 44, 47, and 51 to Agreement No. 17- 044 with Security Paving Company ($144,997.76; revised not to exceed $42,414,860.49) for the Kern River Bridge Improvement Project. AGR 17-044 CCO 44, CCO 47, CCO 51 Bids: ab. Accept bid and approve contract to Ferguson Enterprises LLC ($142,102.81) for an annual contract to supply fire hydrants and hydrant parts. AGR 2021-050 ac. Accept bid from SHI International Corp. ($129,342.97) for replacement Juniper® switches. ad. Accept bid and approve contract with Cen-Cal Construction ($42,495) for Pedestrian Improvements at 1702 18th Street. AGR 2021-051 Miscellaneous: ae. Appropriate $9,594 in General Fund revenues to the Economic and Community Development operating budget within the General Fund for additional tax increment dollars needed to fund the Economic Opportunity Area incentive program. Successor Agency Business: af. Receive and file Successor Agency payments from February 5, 2021, to February 18, 2021, in the amount of $1,100.00. 1 3790 3791 Bakersfield, California, March 3, 2021- Page 12 8. CONSENT CALENDAR continued Public Safety/Vital Services Measure: ag. Amendment No. 2 to Agreement No. CM20-002'with NeoGov ($47,576 revised not to exceed $79,422) to add a new software service for employee performance reviews. AGR 2021-052 City Clerk Drimakis announced a staff memorandum was received requesting item 8.m. be removed from the agenda. Councilmember Gonzales requested item 8.j. be removed for separate consideration. Motion by Vice -Mayor Weir to adopt Consent Calendar items 8.a. through 8.ag., with the removal of item 8.m., and separate consideration of item 8.j. Motion passed. j. Economic Opportunity Area Incentive Program - Grant Agreement with Birchfield CPA ($26,780) Motion by Councilmember Gonzales to refer item 8.j. back to staff for further analysis. Motion passed. 9. CONSENT CALENDAR PUBLIC HEARINGS (Staff recommends conducting Consent Calendar Public Hearing and approving staff recommendations.) None. 10. HEARINGS a. Housing Authority of the County of Kern 22nd Street Lofts Affordable Housing Project: (Staff recommends conducting a public hearing, adoption of the resolution, and approving the indemnification agreement.) 1. Resolution to extend the approval of the issuance of revenue bonds by the California Debt Limit Allocation Committee ("CDLAC") for the purpose of financing the construction of 20 multi -family units of affordable housing and certain other matters relating thereto. This will be considered a new approval. RES 028-2021 2. Indemnification agreement between the City and the Housing Authority of the County of Kern. AGR 2021-053 1 3792 Bakersfield, California, March 3, 2021- Page 13 10. HEARINGS continued ITEM 10.a. CONTINUED City Manager Clegg made staff comments. Hearing item 10.a. opened at 6:03 p.m. No one spoke. Hearing item 10.a. closed at 6:03 p.m. Motion by Councilmember Gonzales to adopt the resolution and approve the agreement. Motion passed. b. Public Hearing to consider adoption of Resolutions concerning two appeals by Hagan Law Group, LLP on behalf of their client Progress for Bakersfield Veterans, LLC regarding: (Staff recommends adoption of resolutions denying the appeals.) 1. Planning Commission's adoption of a mitigated negative declaration for the Department of Veterans Affairs ("VA") community-based clinic serving as a medical outpatient facility, located at 5512 Knudsen Drive; and RES 029-2021 2. Planning Commission's approval of Site Plan Review 20-0102 to facilitate construction for the same VA community based outpatient clinic, on approximately 9 acres. RES 030-2021 City Clerk Drimakis announced a staff memorandum was received regarding item 10.b., transmitting correspondence received after publication of the agenda. Planning Director Johnson made staff comments and provided a PowerPoint presentation. Hearing item 10.b. opened at 6:11 p.m. No one spoke in opposition of the staff recommendation. The following individuals spoke in support of the staff recommendation: Alan Fenstermacher, on behalf of the applicant; Brian Smith; Tom Poor; and Dick Taylor. Hearing item 10.b. closed at 6:23 p.m. Motion by Councilmember Parlier to approve the staff recommendation. Motion passed. 11. REPORTS None. 3793 Bakersfield, California, March 3, 2021- Page 14 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Vice Mayor Weir requested the Legislative & Litigation Committee discuss and clarify the definition of a -bikes and what is allowable on the Kern River Parkway. Vice Mayor Weir requested staff schedule a special City Council meeting on March 31st, from 12:00 p.m. to 3:30 p.m. Councilmember Parlier requested street sign maintenance in the following areas: west of Wible Road, south of McKee Road, and north of Hosking Avenue. Councilmember Parlier requested that the City provide a letter of support for the County of Kern's ordinance related to the local ground energy industry. Councilmember Arias requested the Safe Neighborhoods Committee discuss ongoing Police Department staffing challenges; and incentives or strategies to retain officers and staffing levels. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 6:34 p.m. KAREN GOH MAYOR of the City of Bakersfield ATTEST: &Uy�u�- JOLIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 1