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HomeMy WebLinkAbout08/18/21 CC MINUTES3927 F � BAKERSFIELD CITY COUNCIL MINUTES ® MEETING OF AUGUST 18, 2021 reo 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 -Mail Weir, Councilmembers Arias, Gonzales (seated at 3:35 p.m.), Smith, Freeman, Parker (joined the meeting by telephone at 3:30 p.m.) Absent: Gray 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. 4. CLOSED SESSION a. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d) (2) (e) (2) (One matter): Allegations by the California Department of Justice of potential civil rights violations against the Bakersfield Police Department. b. Protest by and letter of July 30, 2021, from E.F. Johnson Company, A JVCKENWOOD Company, to the RFP to provide a Regional Public Safety Communications Network for the County and City of Bakersfield. C. Public Employee Performance Evaluation — City Attorney; Closed Session pursuant to Government Code section 54957(b)(1) / 54957.6. Motion by Vice -Mayor Weir to adjourn to Closed Session at 3:30 p.m. Motion passed with Councilmembers Gonzales, Gray, and Parker absent. The Closed Session meeting was adjourned at 5:12 p.m. Meeting reconvened at 5:16 p.m. 3928 Bakersfield, California, August 18, 2021- Page 2 5. CLOSED SESSION ACTION a. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2) (e) (2) (One matter): Allegations by the California Department of Justice of potential civil rights violations against the Bakersfield Police Department. BY A MAJORITY VOTE, STAFF WAS GIVEN DIRECTION. b. Protest by and letter of July 30, 2021, from E.F. Johnson Company, A JVCKENWOOD Company, to the RFP to provide a Regional Public Safety Communications Network for the County and City of Bakersfield. NO REPORTABLE ACTION C. Public Employee Performance Evaluation — City Attorney; Closed Session pursuant to Government Code section 54957(b) 1) / 54957.6. VICE -MAYOR WEIR STATED THE EVALUATION CONTINUES UNTIL THE NEXT MEETING. 6. ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting at 5:17 p.m. REGULAR MEETING - 5:15 PM 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Weir, Councilmembers Arias, Gonzales, Smith, Freeman, Parlier (participated by telephone) Absent: Gray Special Notice Hearings item IO.a. First Public Hearing regarding Redistricting Ward Boundaries will be heard after the Presentations item at 5:30 p.m. pursuant to California Elections Code Section 21628(c). 2. INVOCATION by Councilmember Arias. 3. PLEDGE OF ALLEGIANCE by Vice -Mayor Weir. k J J 3929 Bakersfield, California, August 18, 2021- Page 3 4. PRESENTATIONS a. Proclamation to Regina Pryor, President of Bakersfield Sister City Project Corporation, re -affirming the 1961 resolution, which named Wakayama, Japan as a Sister City of Bakersfield, CA. Ms. Pryor accepted the proclamation and made comments. 10. HEARINGS a. First Public Hearing regarding Redistricting Ward Boundaries. Will be heard at 5:30 p.m. pursuant to California Elections Code Section 21628(c) (Conduct Public Hearing and receive public comment.) City Attorney Gennaro made staff comments. Deputy City Attorney King made staff comments and provided a PowerPoint presentation. City Manager Clegg made additional staff comments. Hearing item 10.a. opened at 5:42 p.m. The following individuals expressed concern with the redistricting process: Johanna Coronado; Lori Pesonte; Cynthia Valencia, ACLU of Southern California (submitted written material); Mayro Rios; and Ashley De la Rosa. Julia Gomez, ACLU of Southern California, emailed comments expressing concern with the redistricting process. Hearing item 10.a. closed at 5:54 p.m. Councilmember Gonzales requested staff include additional community meetings, in various neighborhoods throughout the City, and have Spanish and Punjabi translation available. Motion by Vice -Mayor Weir to receive and rile. Motion passed with Councilmember Gray absent. 5. PUBLIC STATEMENTS a. Zachary Griffin spoke regarding safety on the Kern River Parkway and requested an enforcement unit for the area; and submitted written material. b. The following individuals spoke in opposition to e -bikes or motorized vehicles on equestrian trails: Deborah Rosenthal; Philip Rosenthal; and Mickey Rivers. C. Cindy Parra, Chair of Golden Empire Transit District Board, provided an update on GET bus services; and submitted written material. 3930 Bakersfield, California, August 18, 2021— Page 4 5. PUBLIC STATEMENTS continued d. Lori Pesonte spoke regarding public participation at meetings. e. Asha Chancy, Bike Bakersfield, expressed appreciation for the City's efforts to improve road conditions for pedestrians and cyclists. f. Parker emailed comments regarding the need for lighting repairs at Canal Park and supports the repeal of Measure N. 6. WORKSHOPS None. 7. APPOINTMENTS None. B. CONSENT CALENDAR (Staff recommends adoption of Consent Calendar items.) Minutes: a. Approval of minutes of the August 4, 2021, Regular City Council Meetings. Payments: b. Receive and file department payments from July 23, 2021 to August 5, 2021 in the amount of $14,793,951.89, Self -Insurance payments from July 23, 2021 to August 5, 2021, in the amount of $381,572.68, totaling $15,175,524.57. Ordinances: Resolutions: C. Resolution designating certain city personnel as certifying officers authorized to execute environmental review for U.S. Department of Housing and Urban Development (HUD) funded programs pursuant to federal law. RES 144-2021 d. Approval of resolution amending the local implementation procedures of the California Environmental Quality Act (CEQA). RES 145-2021 e. Resolution adopting the Updated Multi -Jurisdiction Hazard Mitigation Plan. RES 146-2021 3931 Bakersfield, California, August 18, 2021- Page 5 8. CONSENT CALENDAR continued f. Resolution ratifying the submission of an application to the U.S. Department of Transportation Federal Aviation Administration for funding under the Airport Rescue Grants Program and authorizing the City Manager or his designee to execute all necessary documents. RES 147-2021 g. Granular Activated Carbon Emergency Resolution determining that Aqueous Vets (AV) can supply a granular activated carbon (GAC) product which is certified to meet all drinking water standards and can perform timely GAC change -outs to meet the July and August 2021 summer drinking water demands. RES 148-2021 2. Agreement with Aqueous Vets, (not to exceed $800,000) to provide granular activated carbon (GAC) media for 5 water treatment vessels. AGR 2021-185 h. Elevator Maintenance Resolution determining that an elevator maintenance contract can most efficiently be obtained through cooperative procurement bidding procedures from TK Elevator Corporation and authorizing the Finance Director to dispense with bidding thereof, not to exceed $95,000. RES 149-2021 2. Approval of agreement with TK Elevator Corporation to provide elevator maintenance and repairs. AGR 2021-186 Resolution to form a Traffic Signal Maintenance District designated as TS -30 (1750 East Panama Lane) and approving, confirming, and adopting the Public Works Director's Report. RES 150-2021 j. Resolution to add the following areas to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Acting Public Works Director's Report for each: 3932 Bakersfield, California, August 18, 2021— Page 6 8. CONSENT CALENDAR continued ITEM 8.j. CONTINUED 1. ROI No. 2106 adding Area 4-249 (1627 Virginia Avenue) - Ward 1 R012106 2. ROI No. 2109 adding Area 4-250 (13 & 15 Chester Avenue) - Ward 2 R012109 3. ROI No. 2108 adding Area 1-131 (13315 Snow Road) -Ward 4 8012108 k. Resolution of Intention No. 2053 to vacate the portion within Parcels "B" and "C' of the Irrevocable Offer of Street Dedication recorded in Book 5922, Page 479, official record recorded October 1, 1986, located partially within 3333 Fairfax Road and the vacant portion of 7000 College Avenue. R01 20S3 Agreements: Agreement with Community Action Partnership of Kern (CAPK) for ] $1,200,000 of Community Development Block Grant fCDBG) J Coronavirus CARES funds to expand the CAPK Food Bank. AGR 2021-187 M. Agreement with Kern High School District (not to exceed $50,000 paid to the City) for use of aquatics facilities for water polo practice and competitive purposes. AGR 2021-188 n. Final Map and Improvement Agreement with DR Horton CA31nc. (Developer) for Tract Map 6824, Phase 2 located south of Panama Ln. and east of Mountain Vista Dr. AGR 2021-189 o. Final Map and Improvement Agreement with Norris Road, LLC (Developer) for TR 7264, Unit 3 located at the northeast corner of Quail Creek Road and Snow Road. AGR 2021-190 P. Final Map and Improvement Agreement with Norris Road, LLC (Developer) for Tract 7264, Unit 4located at the northeast corner of Quail Creek Road and Snow Road. AGR 2021-191 3933 Bakersfield, California, August 18, 2021- Page 7 8, CONSENT CALENDAR continued q. Final Map and Improvement Agreement with Norris Road, LLC (Developer) for Tract 7264, Unit 5located at the northeast corner of Quail Creek Road and Snow Road. AGR 2021-192 r. Final Map and Improvement Agreement with Norris Road, LLC (Developer) for Tract 7264, Unit 6 located at the northeast corner of Quail Creek Road and Snow Road. AGR 2021-193 S. Final Map Improvement Agreement and Landscape Improvement Agreement with MG3 Partners LLC, a Delaware limited liability company and Black Ops Real Estate LLC, a California limited liability company (Developer) for Tract Map 7342, Phase 1 located at the northwest corner of McCutchen Rd. and Mountain Ridge Dr. AGR 2021-194, AGR 2021-195 t. Transportation Impact fee credit agreement with Summit Capital Ventures, Inc. (not to exceed $79,750.97), for construction of Gosford Road for the full extent of the street lying within the tract's boundary (RTIF Project 8543). AGR 2021-196 U. Independent Contractor's Agreements - MSR/SOI 8, CAP 1. Appropriate $750,000 Local Early Action Planning (LEAP) State Grant Revenue to the General Fund Development Services Department Operating Budget. 2. Agreement with Quad Knopf, Inc. (dba QK) ($125,937) for the preparation of a Municipal Services Review and Sphere of Influence Update (MSR/SOI) and associated environmental document. AGR 2021-197 3. Agreement with Ascent Environmental, Inc. ($238,910) for the preparation of a Climate Action Plan (CAP) and associated environmental document. AGR 2021-198 V. Amendment No. 1 to Improvement Agreement No. 2021-093 with DR Horton CA3 Inc. for Tract 7140 Phase 1 located on Berkshire Road West of Ashe Road. AGR 2021-093(1) 3934 Bakersfield, California, August 16, 2021- Page 8 8. CONSENT CALENDAR continued W. Amendment No. 1 to Landscape Improvement Agreement Amendment 2021-094 with DR Horton CA3 Inc., for Tract 7140 Phase 1 located on Berkshire Road West of Ashe Road. AGR 2021-094(1) X. Amendment No. 1 to Agreement No. PW21-060 with Bakersfield ARC Inc. ($162,000; not to exceed $201,000 and extend the term to September 30, 2022), to continue providing equipment maintenance, janitorial services, and grounds maintenance at the City of Bakersfield's Material Recycling Facility. AGR 2021-199 Amendment No. 3 to Agreement No. 18-132 with Jim Alfter Cement Contractor, ($1,600,000 revised not to exceed $5,818,976.50, and extend the term one year) to continue the supply of concrete construction. AGR 18-132(3) Z. Amendment No. 3 to Agreement No. 18-133 with Kern Masonry Structures Inc., (extend term one year) to continue the supply of block wall repair. AGR 18-133(3) aa. Amendment No. 10 to Agreement No. 14-288 with Parsons Transportation Group (PTG) ($279,289.10; revised not to exceed $39,052,625.31) for the design of the Westside Parkway Landscaping Phase 1 Project (a part of the Centennial Corridor Project). AGR 14-288(10) ab. Amendment No. 1 to Agreement No. 2020-137 with Abacus IMT, Inc. (extend the agreement term by one year), to provide internal combustion engine repair and maintenance for the Wastewater Division. AGR 2020-137(1) ac. ESG-CV Bethany Services Grant Amendment Approval of Amendment No. 1 to Agreement No. 2020- 100, Emergency Solutions Grant- CV 1 Agreement with Bethany Services/Bakersfield Homeless Center for Homelessness Prevention. AGR 2020-100(1) J 3935 Bakersfield, California, August 18, 2021— Page 9 8. CONSENT CALENDAR continued ITEM 8.ac. CONTINUED 2. Approval of Amendment No. 1 to Agreement No. 2021-019, Emergency Solutions Grant- CV2 Agreement with Bethany Services/Bakersfield Homeless Center for Rapid Rehousing Services. AGR 2021 ad. Contract Change Order No. 1 to Agreement No. 19-224 with Paragon Tactical Inc. ($54,449; revised not to exceed $1,024,318), for the Bakersfield Police Department Shooting Range Improvements Project. AGR 19-224 CCO I Bids: ae. Accept bid from Granite Data Solutions ($68,441.33) for Dell Latitude 7220 tablet computers for the Technology Services Department. of. Accept bid and approve contract with GSE Construction Company, Inc. ($ 1,200,000), for Wastewater Treatment Plant No. 3 Primary Clarifiers 3 & 4 Rehabilitation Project. AGR 2021-200 ag. Accept bid and approve contract with Loop Electric Inc. ($244,715), for the Traffic Signal and Lighting System Installation at the Intersection of Ashe Road and McKee Road. AGR 2021-201 ah. Pedestrian Countdown Timers: Accept bid and approve contract with Pelagic Engineering ($59,130) for construction of this project. AGR 2021-202 Appropriate $5,000 in local Utility Surcharge Fund balance to the Public Works Department Capital Improvement Program budget for this project. 3936 Bakersfield, California, August 18, 2021- Page 10 8. CONSENT CALENDAR continued ai. Traffic Signal and Lighting System Installation at the Intersection of Hosking Avenue and Hughes Lane 1. Accept Bid and Approve Contract with Loop Electric, Inc. ($230,545.00) for this project; and 2. Appropriate $115,000.00 in local Transportation Development Fund balance to the Public Works Department Capital improvement Program Budget for this project. REMOVED FOR SEPARATE CONSIDERATION- SEE PAGE I1 aj. Multi -Use Path: Pacheco Road from Stine Road to Wible Road. 1. Accept bid and approve contract with Griffith Company ($268,557.00) for this project; 2. Appropriate $439,020 Federal Congestion Mitigation and Air Quality Improvement Program Funds and $15,000 Utility Surcharge Fund Balance to the Public Works Department Capital Improvement Program budget for this project; and 3. Approve Common Use Agreement with Kern Delta Water Storage District. REMOVED FOR SEPARATE CONSIDERATION- SEE PAGE I1 Miscellaneous: Successor Agency Business: ak. Receive and file Successor Agency payments from July 23, 2021, to August 05, 2021, in the amount of $441,844.38. Public Safety/Vital Services Measure: al. Resolution determining that Globe® Turnout Clothing is the Bakersfield Fire Department standard and it cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $232,600. RES 154-2021 City Clerk Drimakis announced a staff memorandum was received regarding item 8.e., transmitting a revised resolution to include formatting updates; and an additional staff memorandum was received regarding item 8.j., correcting the subject line. 3937 Bakersfield, California, August 18, 2021- Page 11 8, CONSENT CALENDAR continued Councilmember Parlier requested items 8.ai. and 8.aj. be removed for separate consideration. Motion by Councilmember Freeman to adopt Consent Calendar items 8.a. through 8.al. with the removal of items 8.ai. and 8.aj. for separate consideration. Motion passed with Councilmember Gray absent. ai. Traffic Signal and Lighting System Installation at the Intersection of Hosking Avenue and Hughes Lane 1. Accept Bid and Approve Contract with Loop Electric, Inc. ($230,545.00) for this project; and AGR 2021-203 2. Appropriate $115,000.00 in local Transportation Development Fund balance to the Public Works Department Capital improvement Program Budget for this project. Motion by Councilmember Padier to adopt Consent Calendar Nem 8.ai. Motion passed with Councilmember Gray absent. al. Multi -Use Path: Pacheco Road from Stine Road to Wible Road. Accept bid and approve contract with Griffith Company ($268,557.00) for this project; AGR 2021-204 2. Appropriate $439,020 Federal Congestion Mitigation and Air Quality Improvement Program Funds and $15,000 Utility Surcharge Fund Balance to the Public Works Department Capital Improvement Program budget for this project; and 3. Approve Common Use Agreement with Kern Delta Water Storage District. /3H:i'T6767�b1 Motion by Councilmember Parlier to adopt Consent Calendar item 8.aj. Motion passed with Councilmember Gray absent. 9. CONSENT CALENDAR PUBLIC HEARINGS (Staff recommends conducting Consent Calendar Public Hearing and approving staff recommendations.) a. Public hearing to consider the vacation of the most southern five feet of a ten -foot -wide public utility easement located within Lot 68 of Tract 6452, Phase 3, along Garden View Lane. RES 155-2011 3938 Bakersfield, California, August 18, 2021- Page 12 9. CONSENT CALENDAR PUBLIC HEARINGS continued b. Public hearing to consider the vacation of the southern 217.21' of the alley located in Block Z of the Baker Homestead Addition, running north and south between 20th Street and 21 st Street, between O Street to the west and P Street to the east. REMOVED FOR SEPARATE CONSIDERATION- SEE ITEM 10.b. C. Public Hearing regarding Community Development Block Grant application for Coronavirus CDBG-CV2 2020 Homekey set-aside funds for the Housing Authority of the County of Kern's (HACK) Milestone project at 1622 Union Avenue Bakersfield. A staff memorandum was received transmitting correspondence received regarding item 9.b. Consent Calendar Public Hearing items 9.a. through 9.c, opened at 6:24 p.m. George Torres, Carpenters Union, requested item 9.1b. be removed for separate consideration. Consent Calendar Public Hearing items 9.a. and 9.c. closed at 6:26 p.m. Motion by Vice -Mayor Weir to adopt Consent Calendar Public Hearing items 9.a. and 9.c. Motion passed with Councilmember Gray absent. 10. HEARINGS a. First Public Hearing regarding Redistricting Ward Boundaries. Will be heard at 5:30 p.m. pursuant to California Elections Code Section 21628c) (Conduct Public Hearing and receive public comment.) MOVED FORWARD ON AGENDA- SEE PAGE 3 b. Public hearing to consider the vacation of the southern 217.21' of the alley located in Block Z of the Baker Homestead Addition, running north and south between 201h Street and 21 st Street, between O Street to the west and P Street to the east. RES 156-2021 Councilmember Smith announced he will abstain on this item, due to having a financial interest in 913 201° Street and left the meeting. Acting Public Works Director Patteson made staff comments. Hearing item 10.b. opened at 6:30 p.m. J 3939 Bakersfield, California, August 18, 2021— Page 13 10. HEARINGS continued L ITEM 10.b. CONTINUED The following individuals spoke in opposition to the staff recommendation: David Stetter; Walter McTeer; and George Torres. The following individuals spoke in support of the staff recommendation: Anna Smith, Sage Equities (submitted written material); Russell Johnson, Common Sense Consulting; and Cindy Parra. The following individuals emailed comments in support of the staff recommendation: Brett Moseley; Tom Dee; Scott Heilman; Dave Packer; Gene Moseley; Cameron Parsons; Dave Dmohowski; Richard Markuson; Mark McKenzie Kevin Burton; Eric Christen; Tammy Bates; and Greg Gutierrez. Hearing item 10.b. closed at 6:46 p.m. Motion by Councilmember Gonzales to adopt Hearing Nem 10.b. Motion passed with Councilmember Smith abstaining and Councilmember Gray absent. Councilmember Smith returned to the meeting at this time. 11. REPORTS None. 12. DEFERRED BUSINESS Review of Chapters Six, Seven, Eight and Nine of the Council Policy and Procedure Manual. (Staff recommends Council determination.) City Clerk Drimakis announced a staff memorandum was received regarding item 12.a., transmitting the proposed redlined/draft resolutions in Chapter six and eight of the Council Policy and Procedure Manual. City Attorney Gennaro made staff comments and provided a PowerPoint presentation. Motion by Vice -Mayor Weir to direct staff to make the recommended changes and return with the resolutions. Motion passed with Councilmember Gray absent. 13. NEW BUSINESS {�' None. 3940 Bakersfield, California, August 18, 2021- Page 14 14. COUNCIL AND MAYOR STATEMENTS Councilmember Gonzales announced a Bakersfield Transformative Climate Communities Plan Workshop will be held on Thursday, August 19th, at the Bakersfield Senior Center, at 530 4th Street, from 3:00 p.m. to 7:00 p.m. and commended staff for their hard work on this competitive application. Councilmember Freeman expressed appreciation to the public speakers who have expressed concerns with the safety of the Kern River Parkway and equestrian trails. Councilmember Smith thanked Councilmember Parlier for his efforts with the approval of the Pacheco Road multi -use trail and feels it is a great amenity for the community. 15. ADJOURNMENT Mayor Goh adjourned the at 7:13 p.m. KAREN GOH MAYOR of the City of Bakersfield ATTEST JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield J