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HomeMy WebLinkAbout02/02/22 CC MINUTES4062 1 BAKERSFIELD CITY COUNCIL MINUTES MEETINGS OF FEBRUARY 2, 2022 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings 3:30 p.m. 5:15 p.m. REGULAR MEETING 3:30 P.M. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Weir, Councilmembers Arias, Gonzales (seated at 3:32 p.m.), Smith, Freeman, Gray, Parlier (seated at 3:31 p.m.) Absent: None 2. PUBLIC STATEMENTS a. Agenda Item Public Statements 1. Michael Turnipseed, Kern County Taxpayers Association, spoke on item 3.b. City Charter Review Considerations. b. Non -Agenda Item Public Statements l . Michael Turnipseed, Kern County Taxpayers Association, spoke on the following from the 5:15 p.m. meeting agenda: Consent Calendar item 7.c., 7.f., and 7.h. 2. Correspondence and emailed comments received regarding items not on the agenda from Bryce Cox, Brandon Williams and the Sierra Club. 3. NEW BUSINESS a. FY 2021-22 Mid -Year Budget Preview City Manager Clegg provided comments and a PowerPoint presentation. Motion by Vice -Mayor Weir to receive and file. Motion unanimously approved. 4063 Bakersfield, California, February 2, 2022— Page 2 3. 4. 5. 6. NEW BUSINESS continued b. City Charter Review Considerations City Manager Clegg made staff comments and provided a PowerPoint presentation. Motion by Vice -Mayor Weir to receive and file. Motion unanimously approved. CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation; Closed session pursuant to Government Code section 54956.9(d) (1) regarding Gilberto Fajardo v. City of Bakersfield, et al. USDC Eastern District Case No. 1: 1 6-CV-00699-DAD-JLT (one matter) Vice -Mayor Weir adjourned to closed session at 4:50 p.m. Adjourned from closed session at 5:41 p.m. Meeting reconvened at 5:41 p.m. CLOSED SESSION ACTION a. Conference with Legal Counsel — Existing Litigation; Closed session pursuant to Government Code section 54956.9(d) (1) regarding Gilberto Fajardo v. City of Bakersfield, et al. USDC Eastern District Case No. 1: 1 6-CV-00699-DAD-JLT (one matter) By a unanimous vote, to be continued to the next meeting. ADJOURNMENT Mayor Goh adjourned the meeting at 5:41 p.m. 1 1 Bakersfield, California, February 2, 2022— Page 3 '064.: 1 1 1 REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Weir, Councilmembers Arias, Gonzales, Smith, Freeman, Gray, Parlier Absent: None 2. INVOCATION by Pastor Will Gutierrez, Co -Pastor of the Garden 3. PLEDGE OF ALLEGIANCE By Carter Beardsley, Ward 4 Youth Commissioner and Freshman at Frontier High School. 4. PRESENTATIONS a. Proclamation to the Safely Surrendered Baby Coalition declaring Safe Surrender Baby Awareness Month in Bakersfield during February 2022. 5. PUBLIC STATEMENTS a. Agenda Item Public Statements None. b. Non -Agenda Item Public Statements l . Mike Turnipseed did not respond. 2. Eddie Lane, spoke on water conservation practices by the County of Kern. Councilmember Smith asked for follow-up on whether the County of Kern is metering the amount of water used by the Kern River Golf course and if Kern County is following any state guidelines regarding water conversation. Councilmember Freeman asked if the city had authority over the county. City Attorney Gennaro suggested the city meet with the county to discuss. 3. Lori Pesante, spoke on behalf of the Kern Equitable Maps Coalition on redistricting. 4. Wendel Wesley Jr. spoke on affordable housing. 5. Emma De La Rosa spoke on affordable housing. A 0 6 5 Bakersfield, California, February 2, 2022- Page 4 5. PUBLIC STATEMENTS continued 1 6. Veronica Perez, spoke on affordable housing. Councilmember Gonzales asked staff to investigate having appropriate translating equipment and devices available to all constituents so that they can follow the council meetings. He also suggested that we begin planning to attach at least a cover sheet to our agendas in multiple languages, for those who attend the meetings. 6. APPOINTMENTS a. Nine appointments to PSVS due to the expiration of terms of all current members (terms expire February 2022). Staff recommends Council determination. City Clerk Drimakis announced a staff memorandum was received to correct a.scrivener's error in the spelling of candidate Matab Shing's name on the administrative report. City Clerk Drimakis announced applications have been received by the following individuals: Cathy Abernathy, Ken Keller, Carl Nicita, Vaughn Shaw, Connie Perez-Andreesen, Dewey, Larry Koman, Nicholas Ortiz, Robert Smith, Donalda Biscar, Jordan Dickson, Eric McDaris, Lori Pesante, Jinping Sun, Matab Singh, Ronald Fraze, Erica Mullins, Frederick Prince, and James Welch. Mayor Goh nominated Frederick Prince as Mayor's appointee. Councilmember Arias nominated Mark Dewey to represent Ward 1. Councilmember Gonzales nominated Connie Perez- Andreesen to represent Ward 2. Vice -Mayor Weir nominated Ken Keller to represent Ward 3. Councilmember Smith nominated Nicholas Ortiz to represent Ward 4. Councilmember Freeman nominated Larry Koman to represent Ward 5. Councilmember Gray nominated Cathy Abernathy to represent Ward 6. 4066 Bakersfield, California, February 2, 2022- Page 5 6. APPOINTMENTS continued Councilmember Parlier nominated Matab Singh to represent Ward 7. Vice -Mayor Weir moved approval of the nominees. Motion was unanimously approved. a. The council voted by ballot to appoint one at -large member to the Bakersfield Public Safety/Vital City Services Measure Citizens Oversight Committee. The following individuals appeared on the ballot: Carl Nicita, Vaughn Shaw, Robert Smith, Donalda Biscar, Jordan Dickson, Eric McDaris, Lori Pesante, Jinping Sun, Ronald Fraze, Erica Mullins, and James Welch. Ward 1 Erica Mullins Ward 2 Erica Mullins Ward 3 Donalda Biscar Ward 4 Erica Mullins Ward 5 Donalda Biscar Ward 6 Donalda Biscar Ward 7 Donalda Biscar Erica Mullins received 3 votes, Donalda Biscar received 4 votes. Donalda Biscar received the most votes. Vice -Mayor Weir moved to approve the appointment of Donalda Biscar as the at -large member to the Bakersfield Public Safety/Vital City Services Measure Citizens Oversight Committee. Motion was unanimously approved. 7. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. Minutes: a. Approval of minutes of the January 19, 2022, Regular City Council Meetings. Payments: b. Receive and file department payments from January 7, 2022, to January 20, 2022, in the amount of $11,130,301.48, Self - Insurance payments from January 7, 2022, to January 20, 2022, in the amount of $532,972., totaling $11,663,273.48. ZI06. Bakersfield, California, February 2, 2022— Page 6 Ordinances: C. First reading of ordinance amending Chapter 8.32 of Title 8 of the Bakersfield Municipal Code relating to Solid Waste/Recyclable Materials/Organic Waste. REMOVED FOR SEPARATE CONSIDERATION - SEE PAGE 9 d. Adoption of an Ordinance amending Bakersfield Municipal Code Section 17.06.020 by changing the official zoning map from (Estate) to R-1 4.5/PUD (Small Lot One Family Dwelling/Planned Unit Development Combining) on 14.05 acres and from E and C-1 /PCD (Neighborhood Commercial /Planned Commercial Development Combining) to R-2/PUD Limited Multiple Family Dwelling/Planned Unit Development Combining) on 26.13 acres. Applicant: Cornerstone Engineering representing Lone Palm Farms, the property owner. (FR 1/19/2022) ORD 5074 e. Adoption of an Ordinance amending Bakersfield Municipal Code Section 17.06.020 by changing the official zoning map from C-2/PCD (Regional Commercial/Planned Commercial Development) to RE (Recreation) on 25 acres, from RE (recreation) on 25 acres to C-2 (Regional Commercial) on 28 acres, and from C-2/PCD to C-2 on 12 acres located north of Taft Highway between Gosford Road and Ashe Road. Applicant and owner City of Bakersfield. (FR 1/19/2022) ORD 5075 Resolutions: f. Resolution confirming approval by the City Manager designee of the Code Enforcement Manager's report regarding assessments of certain properties in the city for which structures have been secured 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 013-2022 g. Resolution authorizing the application and acceptance of grant funds for non-traditional Section 6 Bakersfield Habitat Conservation Plan. RES 014-2022 Bakersfield, California, February 2, 2022— Page 7 7. CONSENT CALENDAR continued h. Resolution urging the California Department of Transportation to make urgent improvements to State Route 204 Union Avenue. REMOVED FOR SEPARATE CONSIDERATION - SEE PAGE 9 Resolution determining that Peterbilt front loading trash trucks 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 $1,321,000. RES 016-2022 j. Resolution determining that Peterbilt side loading trash trucks 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 $2,094,000. RES 017-2022 Agreements: k. Reimbursement Agreement with the California Interscholastic Federation ("CIF") (not to exceed $260,000 over four years) to serve as an event contribution to CIF for holding State Championship High School Wrestling in Bakersfield for 2022 to 2025. AGR 2022-022 Final Map and Improvement Agreement with Deertrail Abbey Court 1, LLC (Developer) For Tract 6892, Phase 1 Located South of Redbank Road and East of Fairfax Road. AGR 2022-023 M. Environmental Impact Report (EIR) for Site Plan Review No. 21- 0399. l . Agreement with SASD Development Group, LLC ($198,570) for the preparation of an Environmental Impact Report (EIR). 2. Agreement with T&B Planning, Inc. ($165,475) to prepare EIR. REMOVED FOR SEPARATE CONSIDERATION - SEE PAGE 10 4069 Bakersfield, California, February 2, 2022— Page 8 7. CONSENT CALENDAR continued n. Amendment No. 1 to Agreement No. PW20-150 with the Department of Toxic Substances Control ($99,083; revised not to exceed $131,989) to provide additional environmental sampling and assessment for a portion of land within the Westside Parkway right-of-way. AGR 2022-026 o. Amendment No. 2 to Agreement No. 2021-032 with Telstar Instrument ($200,000; not to exceed $520,000 annually) for electrical services at the Mount Vernon Recycling Facility. AGR 2021-032(2) p. Amendments to energy service agreements with FTP BTM SOLAR, LLC (Forefront Power) to memorialize milestone dates for completing solar photovoltaic upgrades and to adjust current energy rates to Power Purchase Agreement rates. l . Amendment No. 1 to Agreement No. 2020-192 with Forefront Power AGR 2020-192(1) 2. Amendment No. 1 to Agreement No. 2020-194 with Forefront Power AGR 2020-194(1) 3. Amendment No. 1 to Agreement No. 2020-195 with Forefront Power AGR 2020-195(1) 4. Amendment No. 1 to Agreement No. 2020-197 with Forefront Power AGR 2020-197(1) 5. Amendment No. 1 to Agreement No. 2020-198 with Forefront Power AGR 2020-198(I) Bids: q. Reject bid for an Annual Contract for chemicals, insecticides/ herbicides for the Recreation and Parks Department. `070 Bakersfield, California, February 2, 2022- Page 9 7. CONSENT CALENDAR continued Miscellaneous: r. Appropriate $25,000 Fire Trust - Hazmat Penalty Funds to the remodel of Fire Prevention office space. Successor Agency Business: S. Receive and file Successor Agency payments from January 7, 2022, to January 20, 2022, in the amount of $61,319.25. Public Safety/Vital Services Measure: t. Accept bid and approve contract with Curtis Electrical Construction, Inc. (not to exceed $101,990) for the Beach Skate Park lighting project. AGR 2022-027 City Clerk Drimakis stated a staff memorandum was received transmitting the minutes from January 19, 2022, meeting. Vice -Mayor Weir pulled item 7.c., item 7.h. and item 7.m. for separate consideration. Motion by Vice -Mayor Weir to approve Consent Calendar items 7.a. through 7.t. except for 7.c., 7.h. and 7.m. removed for separate consideration. Motion unanimously approved. C. First reading of ordinance amending Chapter 8.32 of Title 8 of the Bakersfield Municipal Code relating to Solid Waste/Recyclable Materials/Organic Waste. FR ONLY Councilmember Parlier asked what the consequences would be if the ordinance was not approved. City Manager Clegg stated there would be considerable consequence. He also stated that while this action does adopt the state required code language, consideration to costs and rates will be addressed through the budget process. Councilmember Parlier motioned to approve item 7.c. Motion unanimously approved. h. Resolution urging the California Department of Transportation to make urgent improvements to State Route 204 Union Avenue. RES 015-2022 4071 Bakersfield, California, February 2, 2022- Page 10 7. CONSENT CALENDAR continued Motion by Councilmember Gonzales to approve item 7.h. Resolution urging the Department of Transportation to make urgent improvements to State Route 204 Union Avenue. Motion unanimously approved. M. Environmental Impact Report (EIR) for Site Plan Review No. 21- 0399. l . Agreement with SASD Development Group, LLC ($198,570.) for the preparation of an Environmental Impact Report (EIR). AGR 2022-024 2. Agreement with T&B Planning, Inc. ($165,475) to prepare EIR. AGR 2022-025 Vice -Mayor Weir stated that item 7.m. is an environmental impact statement for a Site Plan Review for T&B Planning, which means we are back on track to getting a Veterans Center. Motion by Vice -Mayor Weir to approve item 7.m. Environmental Impact Report (EIR) for Site Plan Review No. 21- 0399. Motion unanimously approved. 8. CONSENT CALENDAR PUBLIC HEARINGS Staff recommends conducting Consent Calendar Public Hearing and approval of items. None. 9. HEARINGS a. Public Hearing to consider the resolution of the summary vacation of that portion of the Waiver of Direct Access, adjacent to 1901 White Lane. RES 018-2022 City Manager Clegg made staff comments. Public Works Director, Strakaluse made staff comments. Hearing item 9.a. opened at 6:43 p.m. 4U(L Bakersfield, California, February 2, 2022— Page 11 9. HEARINGS continued No one spoke in opposition. No one spoke in support. Hearing item 9.a closed at 6:43 p.m. Motion by Councilmember Parlier to approve item 9.a. Public Hearing to consider the resolution of the summary vacation of that portion of the Waiver of Direct Access, adjacent to 1901 White Lane. Unanimously approved. 10. REPORTS None. 11. DEFFERRED BUSINESS Staff recommends approval of resolution. a. General Plan Amendment/Zone Change No. 21-0284 on 79.84 acres generally located at the southeast corner of Hageman Road and Landco Drive. Addendum to a Mitigated Negative Declaration on file. Applicant is McIntosh & Associates representing Hageman Properties, LLC (property owner) . l . Resolution approving an amendment of the land use map of the Metropolitan Bakersfield General Plan land use designation from HI (Heavy Industrial) to SI (Service Industrial). RES 039-2022 2. First reading of ordinance amending Bakersfield Municipal Code Section 17.06.020 by changing the official zoning map from M-3 (Heavy Industrial) to M-2 (General Manufacturing). Motion by Vice -Mayor Weir to approve item 11.a. General Plan Amendment/Zone Change No. 21-0284 on 79.84 acres generally located at the southeast corner of Hageman Road and Landco Drive. Addendum to a Mitigated Negative Declaration on file. Applicant is McIntosh & Associates representing Hageman Properties, LLC (property owner). Motion unanimously approved. 4UI Bakersfield, California, February 2, 2022— Page 12 12. NEW BUSINESS None. 13. COUNCIL AND MAYOR STATEMENTS Councilmember Gonzales gave shoutout to Economic Development. They were part of an application process with the Affordable Housing and Sustainable Communities program through the state. We were awarded 14.7 million dollars for the Baker Street Renaissance. This is an affordable housing mixed use project with 85 units for low-income families. Councilmember Gonzales also said GET bus agreed to put up 8 more bus shelters surrounding Monterey and Niles Street. They are asking for curb cuts at the Dollar General at Niles and Williams Street, and a new pad at Baker and King Streets. In the past they have come up with TDA funds to help with costs. Councilmember Gonzales requested staff reach out to GET Bus to assist with bus shelter installation. Councilmember Freeman thanked the City Managers' staff for their help directing calls from his constituents. Councilmember Smith stated that Union Avenue is 100 times more dangerous than any road in town. He appreciates Caltrans working with us and moving forward with improvements. Councilmember Parlier made a referral to have the roads checked out in the Harris neighborhood, that was recently annexed. Councilmember Parlier made a referral to have staff reach out to Caltrans to determine if a specific color or a set of colors could be selected for covering graffiti. Councilmember Gray also gave kudos to the City Managers staff for the additional help they have provided. She stated there was a prayer service tonight at the Liberty Bell, praying for our first responders and officers. "I am reminded not to take for granted those protecting our lives, every day, and our volunteers." 1 Bakersfield, California, February 2, 2022— Page 13 4074 14. CLOSED SESSION (If continued from 3:30 meeting) None. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 6:45 p.m. Vl�l� JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 1 1 -.7 --..s ya./ KAREN GOH Ir MAYOR of the City of Bakersfield ATTEST 075 Bakersfield, California, February 2, 2022— Page 14 ***THIS PAGE INTENTIONALLY LEFT BLANK*** 1 1 1