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).
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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.
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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:
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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.
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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.
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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.
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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
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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
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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.
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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
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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.
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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
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