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HomeMy WebLinkAbout03/02/22 CC MINUTES4 ri 1 1 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 2, 2022 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings - 3:30 p.m. & 5:15 p.m. REGULAR MEETING - 3:30 PM 1. ROLL CALL Present: Mayor Goh, Vice Mayor Weir (seated at 3:37 p.m.) Councilmembers Arias, Gonzales, Freeman, Smith, Gray, Parlier Absent: None. 2. PUBLIC STATEMENTS a. Agenda Item Public Statements l . Curtis Bingham and Skye Knight made comments regarding item 4.b., the proposed charter amendments. b. Non -Agenda Item Public Statements None. 3. WORKSHOPS None. 4. REPORTS a. Affordable Housing Strategy. Economic Development Director, Paul Saldana made staff comments. Chris Blakney and Erik Bagwell, consultants from ECONorthwest, and Paul Peninger, consultant from Baird and Driskell gave a PowerPoint presentation. b. Provide direction regarding proposed Charter Amendments for the November 2022 General Election. City Attorney Gennaro provided staff comments and a PowerPoint presentation. City Attorney Gennaro distributed a staff memorandum of proposed City Charter amendment options to the Council and additional copies were made available for the public. After discussion, Council provided direction to the City Attorney. A 0 9 5 Bakersfield, California, March 2, 2022 - Page 2 5. CLOSED SESSION Conference with Legal Counsel — Existing Litigation; Closed session pursuant to Government Code section 54956.9(d) (1) regarding the following: a. Amelia Lopez, a minor, through her Guardian ad litem, Amelia Ascencio v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-19-100724 b. Linda Yunk, et al. v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-18-100279 (lead case) consolidated with Eli Yunk, et al v. City of Bakersfield BCV-18-100371. Motion by Vice -Mayor Weir to adjourn to closed session at 4:46 p.m. Motion passed. The Closed Session meeting was adjourned at 5:19 p.m. The meeting reconvened at 5:20 p.m. 6. CLOSED SESSION ACTION Conference with Legal Counsel — Existing Litigation; Closed session pursuant to Government Code section 54956.9(d) (1) regarding the following: a. Amelia Lopez, a minor, through her Guardian ad litem, Amelia Ascencio v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-19-100724 By a vote of 7-0, City Attorney was given direction. b. Linda Yunk, et al. v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-18-100279 (lead case) consolidated with Eli Yunk, et al v. City of Bakersfield BCV-18-100371. By a vote of 7-0, City Attorney was given direction. 7. ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting at 5:22 p.m. 1 Bakersfield, California, March 2, 2022 - Page 3 REGULAR MEETING - 5:26 p.m. 1. ROLL CALL Present: Mayor Goh, Vice Mayor Weir, Councilmembers Arias, Gonzales, Smith, Freeman, Gray, Parlier Absent: None. 2. INVOCATION By Councilmember Smith. 3. PLEDGE OF ALLEGIANCE By Director of Public Works, Gregg Strakaluse. 4. PRESENTATIONS None. 5. PUBLIC STATEMENTS Mayor Goh announced pursuant to California Election Code Section 216289(c), item 10.a., the fourth Public Hearing regarding Redistricting Ward Boundaries must be heard at the noticed time of 5:30 p.m., and therefore, Public Statements will be continued at the conclusion of the Redistricting Ward Boundaries Hearing. 10. HEARINGS a. Fourth Public Hearing regarding Redistricting Ward Boundaries will be heard at 5:30 p.m. pursuant to California Elections Code Section 216289(c). City Clerk Drimakis announced a staff memorandum was received transmitting additional correspondence received and maps. City Assistant Manager, Brianna Carrier gave a presentation. Hearing was opened at 5:45 p.m. Angel Ruiz, CSUB GIS Student, submitted public submission map 4a. 2. The following individuals spoke in favor of public submission map 5: Nick Hill, Harveen Kaur, Ashley De La Rosa speaking on behalf of Linda Fiddler, Eliana Honeycutt, Lori Pesante, Camila Chavez, Ricardo Delhoyo, Nalleiy Aguirre Santoya, Cecilia Delgado, Agustina Rodriquez, Mirihan Trejo, Yolando Partida, and Dolores Huerta. Hearing closed at 6:14 p.m. Councilmember Arias motioned to move public submission map 5 and A3 forward for final vote. Two subsequent motions were made, and the last motion was approved, therefore this motion failed. Vice Mayor Weir motioned to move map 2b forward, with revisions to the boundaries of Stine Road, Ming Avenue, Ashe Road, and Stockdale Highway from Ward 5 to Ward 6, for a final vote. A subsequent motion was made, and the last motion was approved, therefore this motion failed. A 0 8 7 Bakersfield, California, March 2, 2022 - Page 4 10. HEARING continued Councilmember Gonzales made a motion to move map 2b with the revision of moving the area bound by Stine Road, Ming Avenue, Ashe Road and Stockdale Highway into Ward 6, and public submission map 5 with the revision of moving the boundary line along the river between wards 4 and ward 5, and to move the square that comes south from Ward 3 to Ward 2 up and make the square part of Ward 2. Motion passed with Vice Mayor Weir, Councilmember Freeman, and Councilmember Gray voting no. Mayor Goh called for a recess at 7:04 p.m. Mayor Goh resumed the meeting at 7:17 p.m. 5. PUBLIC STATEMENTS continued a. Agenda Item Public Statements The following individuals provided comments regarding item 13.a. in favor of the Park Ranger Program: Daisy Vegan, Gema Perez, Curtis Bingham, Carol Lair, Lilli J. Parker, Ed Gaede, Gaby Gonzales, Cheryl Scott, William Cooper, Amy Smith, Michael Turnipseed, Andrew Yessenia, and Stephen Montgomery. b. Non -Agenda Item Public Statements 1. A staff memorandum transmitting correspondence regarding non agenda items was provided transmitting comments from Eddy Laine, Chris Johnson, Sean Phillips, J Garcia, and Jared Freeman. 2. Isaiah Crompton spoke on City Gardens at Martin Luther King Park. Requesting funding to build a Community Garden Capacity Project. Councilmember Gonzales requested staff follow up with Mr. and Ms. Crompton and review their request for funding in the amount of $4,500 for Awakening Services to support ongoing efforts of community engagement and educational Programs for youth grades 1-12 and adults in southeast Bakersfield communities such as the Martin Luther King Jr. Community Garden. 3. Ocie Crawford, spoke on the constitution 4. William Cooper, Bring Back the Kern, a subdivision Kern River Parkway Association, invited everyone to come out and help clean up the river on March 12, 2022, at 9 a.m. They are meeting at 2436 Oak Street. 5. Michael Turnipseed, spoke on Measure N monies, the City Charter, and a strategic plan. 6. WORKSHOPS Public comments will be received after Staff presentation. None. 4088 Bakersfield, California, March 2, 2022 - Page 5 7. APPPOINTMENTS a. Appointment of one Regular Member (Ward 1) to complete a term to expire December 2022 and one Alternate Committee Member (Ward 5) to complete a term to expire December 2024 to the Keep Bakersfield Beautiful Committee, due to resignation. Staff recommends Council determination. City Clerk Drimakis announced a staff memorandum was provided to correct paragraph three of the administrative report, which should read: Appointee for Regular Member Ward 1 will complete the unexpired term of Anastasia Lester set to expire December 2022. Appointee for Alternate Member Ward 5 will complete the unexpired term of Crystal Pinthong which will expire December 2024. Applications were received from Edward Sean Robinson and Jenilee Fermin. Councilmember Arias nominated Jenilee Fermin. Councilmember Arias moved to appoint Jenilee Fermin as Regular Member Ward 1 to complete the unexpired term of Anastasia Lester set to expire December 2022. Motion passed. 8. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. Minutes: Payments: a. Receive and file department payments from January 21, 2022 to February 17, 2022, in the amount of $29,830,253.79, Self Insurance payments from January 21, 2022, to February 17, 2 0 2 2 in the amount of $1,289,247.35, totaling $31,1 19,501.14. Ordinances: None. Resolutions: b. Resolution confirming approval by the City Manager designee of the Code Enforcement Manager's report regarding assessments of certain properties in 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 020-2022 C. Resolution authorizing the application and acceptance of grant funds for nontraditional Section 6 Bakersfield Habitat Conservation Plan. RES 021-2022 A08� Bakersfield, California, March 2, 2022 - Page 6 8. CONSENT CALENDAR continued d. Resolutions to add the following areas to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: l . Area 3-1 16 (5741 Taft Highway) - Ward 6 RES 022-2022 2. Area 4-257 (11101 Highway 178) - Ward 3 RES 023-2022 3. Area 4-258 (2700 Oswell Street) - Ward 3 RES 024-2022 4. Area 5-1 13 (1720 Planz Road) - Ward 7 RES 025-2022 5. Area 5-1 14 (3516 Lotus Lane) - Ward 1 RES 026-2022 6. Area 5-1 15 (2300 Short Street) - Ward 1 RES 027-2022 e. Resolution to amend Area 4-69 100 E. California Avenue to add additional parcels (ATN 016-500-01-00-3 and 016-500- 02-00-6) to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report RES 028-2022 f. Section 115 Trust for Pension and Other Post -Employment Benefits l . Resolution approving the adoption of a Post -Employment Benefits Trust (Pension/OPEB) and related investment guidelines. RES 029-2022 2. Agreement with Public Agency Retirement Services (PARS) to manage the Section 1 15 Combination Trust. AGR 2022-034 Agreements: g. Final Map and Improvement Agreement with LGI Homes California, LLC(Developer) for Tract 6383, Phase 3 located south of Morningstar Drive and east of Morning Drive. AGR 2022-035 40 0 Bakersfield, California, March 2, 2022 - Page 7 8. CONSENT CALENDAR continued h. Final Map, Improvement Agreement and Landscape Agreement with RGF Land Company, Inc. (Developer) for Tract 7262, Phase 1 & 2 located on the southwest corner of Panama Lane and Reliance Drive. IMPROVEMENT AGR 2022-036 LANDSCAPE AGR 2022-037 Amendment No. 1 to License Agreement No.12-W with Golden Empire Youth Football (GEYF) (five-year term extension) for maintenance of football facilities located at Kaiser Permanence Sport Village Complex on the North Side of Taft Highway, between Ashe Road & Gosford Road (9001 Ashe Road). AGR 12-040(1) Amendment No. 1 to Agreement No. 2021-1 18 with Loop Electric, Incorporated. ($150,000; revised not to exceed $456,585) to continue the supply of vehicle loop cutting and horizontal boring services. AGR 2021-118(2) k. Amendment No. 2 to Agreement No. 2020-023 with Mark Thomas 8, Company ($15,000; not to exceed $191,540 and extend term to December 31, 2022), for the Rosedale Highway Widening Project between Calloway Drive and Verdugo Lane (Segment 2). AGR 2020-023(2) I. Contract Change Order No. 1 to Agreement No. 2021-200 with GSE Construction ($64,412; revised not to exceed $1,264,412) for the Wastewater Treatment Plant No. 3 Primary Clarifiers 3 & 4 Rehabilitation project. AGR 2021-200 CCO 1 M. Contract Change Order No. 1 to Agreement No. 2020-093 with Sancon Technologies Inc. ($224,666.31; revised not to exceed $281,736.31), for the Sewer Rehabilitation (CIPP Liner) F Street between 24th Street and 26th Street Project. AGR 2020-093 CCO1 n Contract Change Order No. 1 to Agreement No. 2021-139 with Griffith Company (78,197.37; revised not to exceed $3,523,932.37), for the Pavement Rehabilitation 2020-2021 RSTP: New Stine Road: Ming Avenue to Stockdale Highway Project. AGR 2021-139 CCO 1 Bakersfield, California, March 2, 2022 - Page 8 8. CONSENT CALENDAR continued Bids: o. Accept bid and approve contract with Chrisp Company ($47,178) for construction of Bike Route/ Lane Improvements - Bakersfield College Area AGR 2022-038 P. Accept bid and approve contract to Kemira Water Solutions, Incorporated ($139,395.72) for the annual contract to supply ferric chloride. AGR 2022-039 q. Accept bid from Bear Cloud Technologies, Inc. ($186,128.70) for Juniper@ switch replacement. Accept bid from Bakersfield Harley-Davidson, Bakersfield ($276,825.10) for Police Special Motorcycles ITEM REMOVED FOR SEPARATE CONSIDERATION - SEE PAGE 9 S. Accept bid from Bear Cloud Technologies, Inc. ($40,593.75) for MIST wireless access points for Technology Services. Miscellaneous: t. Appropriate $130,700 California Transportation Development Act Article 3 grant funds to the Public Works Department's Capital Improvement Program budget in the Bikeway and Pedestrian Pathway Fund for the following projects: Bakersfield Bike Education Programs; Bakersfield Bike Parking; and County Dump Road Bike Path (Fairfax Road to Paladino Drive). U. Authorize the Finance Director to write off accounts receivable in various funds totaling $63,336.36 and forward non -bankrupt accounts to a collection agency for additional collection efforts. Successor Agency Business: V. Receive and file Successor Agency payments from January 21, 2022, to February 17, 2022, in the amount of $173,268.96. Public Safety/Vital Services Measure None. Vice Mayor Weir motioned to approve Consent Calendar Items 8.a. through 8.v. except for item 8.r. Motion passed. Bakersfield, California. March 2, 2022 - Page 9 8. CONSENT CALENDAR continued r. Accept bid from Bakersfield Harley-Davidson, Bakersfield ($276,825.10) for Police Special Motorcycles Motion by Councilmember Parlier to approve Item 8.r. Accept bid from Bakersfield Harley-Davidson, Bakersfield ($276,825.10) for Police Special Motorcycles. Motion passed. 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider Action Plan Amendment to U.S. Department of Housing and Urban Development (HUD) Action Plan - Fiscal Year (FY) 21 /22: FY 21 /22 Amendment No. 1: Transfer funds from New Construction Assistance $959,466 HOME) and additional Program income ($120,534 HOME) to Sagewood Apartments ($1,000,000 HOME) and Self -Help Enterprises ($80,000 HOME) b. Public Hearing to consider a resolution for a summary vacation of a portion of a storm drain easement located at 4900 California Avenue. RES 030-2022 Consent Calendar Public hearings opened at 8:03 p.m. No one spoke. Consent Calendar Public hearings closed at 8:04 p.m. Motion by Vice Mayor Weir to approve Consent Calendar Public Hearings items 9.a. through 9.b. Motion passed. 10. HEARINGS a. Fourth Public Hearing regarding Redistricting Ward Boundaries. Will be heard at 5:30 p.m. pursuant to California Elections Code Section 21628(c) Moved forward on agenda see page 3. 11. REPORTS None. 12. DEFERRED BUSINESS None. �093 Bakersfield, California, March 2, 2022 - Page 10 13 NEW BUSINESS a. Fiscal Year 2021-22 Mid -Year Budget Recommendations 1. FY 2021-22 Mid -Year Budget Additional Detail as outlined in Exhibit "A" 2. FY 2021-22 Mid -Year Budget Update Appropriations as outlined in Exhibit "B" Staff recommends the City Council approve the FY 2021-22 mid- year appropriations as outlined in Exhibit "B" attached to the staff report. Motion by Councilmember Gonzales to adopt the mid -year budget recommendations including the Park Ranger program. Councilmember Gonzales modified his motion to adopt mid -year budget recommendations, and to send the Park Ranger Program to the Personnel Committee to review salaries and whether to have sworn rangers. Adjust Blue Zone budget to one million and add two million to Affordable Housing and one million to Downtown Incentives. City Manager Clegg suggested sending the Park Ranger Program review to the Safe Neighborhoods Committee instead of Personnel Committee for review. Councilmember Gonzales amended his motion to adopt mid -year budget recommendations and send the Park Ranger Program to the Safe Neighborhoods Committee review salaries and whether to have sworn rangers. Adjust Blue Zone budget to one million and add two million to Affordable Housing and one million to Downtown Incentives. Councilmember Gonzales amended his motion to adopt midyear budget recommendations and send the Park Ranger Program to the Safe Neighborhoods Committee for review of salaries and whether to have sworn rangers. Adjust Blue Zone budget to one million and add two million to affordable housing and one million to blighted property. Councilmember Gonzales amended his motion to adopt the mid -year budget and appropriations with the understanding that the Park Ranger Program will be heard by the Safe Neighborhoods committee, and adjust Blue Zone to one million, add one million to Downtown Incentives and two million to Blighted Properties. Motion is passed. Vice Mayor Weir requested staff develop a plan to commit to making the annual payments to the unfunded other postemployment benefits (OPEB) liability. Vice Mayor Weir requested staff increase the funding amounts of each of the Equal Opportunity Area Zones. 4094 Bakersfield, California, March 2, 2022 - Page 11 13. NEW BUSINESS continued b. SB 866 (Weiner, Pan) and SB 871 (Pan) regarding COVID-19 vaccine mandates. Staff recommends Council consideration and determination on this item. Motion by Councilmember Gray to approve letter of opposition for SB 866 (Weiner, Pan) and SB 871 (Pan) regarding COVID-19 vaccine mandates. Councilmember Arias requested separate consideration of each letter. Councilmember Gray amended her motion to approve letter in opposition to SB 866 (Weiner, Pan) regarding the COVID 10 vaccine mandates. Motion passed with Councilmember Arias, Councilmember Gonzales, and Councilmember Smith voting no. Councilmember Gray moved to approve a letter in opposition to SB 871 regarding the Covid-19 vaccine mandates. Motion passed with Councilmember Gonzales voting no. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Gonzales stated that he had received several constituent emails regarding Mill Creek and asked if the Public Works Director Strakaluse could update the council on the work being done in that area. Public Works Director Strakaluse stated that an assessment was being conducted on the downtown core looking at infrastructure, including streetlights, some of same things that are problematic or damaged in the Mill Creek area. The City has expanded the assessment area, are taking inventory of the infrastructure, and are looking to identify infrastructure that needs to be replaced or repaired. There were some comments about streetlight outages in underpasses as well as the decorative lights. Our staff checked those lights that were reported out and found two that still needed repair and we are in the process of repairing them. 15. CLOSED SESSION (if continued from 3:30 meeting) None. n 4095 Bakersfield, California, March 2, 2022 - Page 12 16. ADJOURNMENT Mayor Goh adjourned the meeting at 10:06 p.m. � 6 KAREN GOH ATTEST: JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield MAYOR of the City of Bakersfield 1