HomeMy WebLinkAbout06/01/22 CC MINUTES1
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 1, 2022
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 PM
1. ROLL CALL
Present: Mayor Goh, Vice Mayor Weir, Councilmembers Arias, Gonzales,
Smith, Freeman (seated at 5:21 p.m.), Gray
Absent: Councilmember Parlier
2. INVOCATION
Bishop Vernon Kemp, Greater Harvest Christian. Center.
3. PLEDGE OF ALLEGIANCE
Dr. Brenda Lewis, Governor -Appointed member to the California Board of
Education.
4. PRESENTATIONS
Mayor Goh presented Dr. Brenda Lewis the Mayor's Medal.
5. PUBLIC STATEMENTS
a. Agenda Item Public Statements
Nicolas Cisneros opposed Consent Calendar Item 7.c. and submitted
written material.
b. Non -Agenda Item Public Statements
1. Karen Shah gave a follow-up report on her event held at Planz Park.
2. Michelle Vallejos expressed concern regarding the lack of laws
relating to spay neutering of animals.
Councilmember Gonzales requested an update to Council as to the
work related to this issue and possible next steps.
3. Isaiah Crompton thanked the Staff and Council for the crosswalk at
Martin Luther King Park, the Community Garden, and for possibly
holding a food distribution event from the Veterans building.
4. Gema Perez, Nataly Santamaria, Barbara Perez, and Janetzi
Santamaria from the Greenfield Walking Group thanked the Council
for supporting their community and requested funding for a
community/resource center.
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Bakersfield, California, June 1, 2022, Page 2
5. PUBLIC STATEMENTS continued
5. Lucy Perez, a student at Bakersfield High School wanted to bring
safety concerns regarding the crosswalks at Bakersfield High School,
in particular the crosswalk on H Street. Lights need to be installed at
that crosswalk.
6. APPOINTMENTS
a. One Appointment (Ward 7 Regular Member) to Youth Commission to
complete a term to expire July 31, 2024.
Staff recommends Council determination.
City Clerk Drimakis announced one application was received from Gunoor
Kaur Bath.
Motion by Vice -Mayor Weir to approve the appointment'of Gunoor Kaur
Bath to the Youth Commission for (Ward 7 Regular Member) term to expire
July 3, 2024. Motion passed with Councilmember Parlier absent.
7. CONSENT CALENDAR
(staff recommends adoption of Consent Calendar items.)
Minutes:
a. Approval of minutes of the May 9, 2022, and May 18, 2022, Regular City
Council Meetings.
Payments:
b. Receive and file department payments from May 6, 2022 to May 20, 2022 in
the amount of $14,202,920.76 and Self -Insurance payments from May 6,
2022 to May 20, 2022 in the amount of $413,047.66, totaling $14,615,968.42.
Ordinances:
C. Adoption of ordinance amending the official zoning map of Bakersfield
Municipal Code Section 17.06.020 by changing the zone classification from
R-1 (One -Family Dwelling) to C-2 (Regional Commercial) on 1 1-acres and
from R-1 (One -Family Dwelling) to M-1 (Light Manufacturing) on 11-acres
located at the southwest corner of Fairview Road and South Union Avenue.
Applicant: McIntosh and Associates representing Ralph Palla Survivors Trust,
the property owner. (ZC No. 21-0196) (FR 5/18/2022)
ORD 5096
Resolutions:
d. 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 against entry or for the
abatement of certain weeds, debris and waste matter and the
demolishment of dangerous buildings and authorizing collection of the
assessments by the Kern County Tax Collector.
RES 076-2022
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Bakersfield, California, June 1, 2022, Page 3
7. CONSENT CALENDAR continued
e. Resolution calling and giving notice of holding a General Municipal Election
to do the following:
1. Elect Councilmembers for Wards 1, 3, 4, and 7; and
2. Submit Measure to amend the City Charter; and
3. Request the Board of Supervisors of the County of Kern to consolidate
the General Municipal Election with the Statewide General Election
to be held on Tuesday, November 8, 2022; and
4. Set priorities for filing written arguments and rebuttals regarding the
Measure to amend the City Charter; and
5 Direct the City Attorney to prepare impartial analysis.
RES 077-2022
f. Resolution authorizing the Kern County Auditor -Controller's Office to collect
unbilled fiscal year 2021-2022 Consolidated Maintenance District
assessments on the tax roll for the Fiscal Year 2022-2023 due to a billing
oversight by the Kern County Auditor -Controller's Office.
RES 078-2022
g. Resolution providing for the collection of Delinquent Sewer and Refuse
Charges by Kern County Auditor -Controller's Office on the Fiscal Year 2022-
2023 Property Tax Roll:
l . Resolution providing for the collection of delinquent sewer fees.
RES 079-2022
2. Resolution providing for the collection of delinquent refuse fees.
RES 080-2022
h. Resolutions ratifying submission of applications for a funding request to
Rehabilitate Runway 16-34, Taxiway Pavement Lighting Design, and Runway
16 PAPI Installation Design project for the Bakersfield Municipal Airport under
Airport Improvement Program Project No. 3-06-0323-025-2022:
1. Resolution ratifying the submission of an application to the U.S.
Department of Transportation Federal Aviation Administration for
funding and authorizing the City Manager or his designee to execute
all necessary documents.
RES 081-2022
2. Resolution ratifying the submission of an application to the California
Department of Transportation Division of Aeronautics for funding and
authorizing the City Manager or his designee to execute all
necessary documents.
RES 082-2022
Q 1 6 44 Bakersfield, California, June 1, 2022, Page 4
7. CONSENT CALENDAR continued
Resolution dispensing with bidding under Section 3.20.060 of the Bakersfield
Municipal Code relating to Design/Build of a Fire Alarm System for the
Bakersfield Convention Center.
RES 083-2022
j. Resolution dispensing with bidding under Section 3.20.060 of the Bakersfield
Municipal Code and authorizing the Public Works Director to follow the
Design/Build procurement process for a guardrail system at Panorama
Drive.
RES 084-2022
k. Resolution determining repairs to the Streets Division's asphalt paver cannot
be reasonably obtained through the usual bidding procedures and
authorizing the Finance Director to dispense with bidding, not to exceed
$49,500.
RES 085-2022
I. Resolution determining that Badger Water meters cannot be reasonably
obtained through the usual bidding procedures and authorizing the
Finance Director to dispense with bidding and negotiate the purchase of
Badger water meters, not to exceed $500,000.
RES 086-2022
M. Resolution determining that the ExecuTime Cloud Advanced scheduling
annual access fee cannot be reasonably obtained through usual bidding
procedures and authorizing the Finance Director to dispense with bidding
therefore, not to exceed $45,349.
RES 087-2022
n. Resolution determining that the MaintStar annual maintenance cannot be
reasonably obtained through usual bidding procedures and authorizing the
Finance Director to dispense with bidding therefor, not to exceed
$41,078.50.
RES 088-2022
o. Resolution to add Area 5-120 (3506 Shellmacher Avenue) to the
Consolidated Maintenance District and approving, confirming, and
adopting the Public Works Director's Report.
RES 089-2022
P. Sewer connection and construction fee assessments for 2 Suzanne Street:
Resolution confirming assessments for sewer connection and
construction fees and authorizing the collection of assessments by
the Kern County Tax Collector.
RES 090-2022
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Bakersfield, California, June 1, 2022, Page 5
7. CONSENT CALENDAR continued
2. Agreement with Alonso Munoz to pay sewer connection and
construction fees through the Kern County Tax Collector.
AGR 2022-089
q. Resolution of Intention (ROI) to add the following territories to the
Consolidated Maintenance District and preliminarily approving, confirming,
and adopting the Public Works Director's Report for each:
l . ROI No. 2140 adding Area 4-260 (3700 River Boulevard) Ward 3
R012140
2. ROI No. 2141 adding Area 4-263 (Northeast corner of East 19th Street
and Gage Street) Ward 2
R012141
3. ROI No. 2142 adding Area 4-265 (3800 Rosedale Highway) Ward 3
R012142
4 ROI No. 2143 adding Area 4-266 (235 Mount Vernon Avenue) Ward 1
R012143
r. Resolution of Intention No. 2144 preliminarily adopting, confirming, and
approving the Public Works Director's Report for the Consolidated
Maintenance District ("CMD" herein) and the 2022-2023 CMD budget and
setting the time and place for hearing protests regarding the amount of
park landscaping assessments to be levied throughout the CMD.
R012144
S. Resolution of Intention No. 2145 preliminarily adopting, confirming, and
approving the Public Works Director's Report for the Consolidated
Maintenance District ("CMD" herein) and the 2022-2023 CMD budget and
setting the time and place for hearing protests regarding the amount of
street and median landscaping assessments to be levied throughout the
CMD.
R012145
Resolution of Intention No. 2146 preliminarily adopting, confirming, and
approving the Public Works Director's Report for twenty-five Traffic Signal
Maintenance District ("TSMD" herein) and the 2022-2023 TSMD budget and
setting the time and place for hearing protests regarding the amount of
traffic signal assessments to be levied throughout the TSMD.
R012146
Agreements:
U. Consultant Agreement with Liebert Cassidy Whitmore (not to exceed
$100,000) for Consulting Services regarding an alleged litigation matter.
AGR 2022-090
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7. CONSENT CALENDAR continued
V. Annual Renewal of Agreements with Clifford & Brown for legal service
regarding General Miscellaneous Issues (not to exceed $75,000) and
General Personnel Issues (not to exceed $75,000).
AGR 2022-091, AGR 2022-092
W. Economic Opportunity Area Incentive Program ($55,000) grant agreement
with Fredo's Pizza.
AGR 2022-093
X. Ground Lease agreement with the County of Kern ($1.00) for the southern
City welcome sign located along the east side of State Route 99 just south
of McKee Road.
AGR 2022-094
Y. Agreement with the County of Kern and Hageman Properties LLC to swap
land for the purposes of realigning the Canal at Hageman and Knudsen.
AGR 2022-095
Z. Purchase of real property located at 999 E. California Avenue to add
amenities to MLK Park:
1. Agreement with the County of Kern ($215,000) for property purchase.
AGR 2022-096
2. Appropriate $215,0000 from Park Improvement Fund balance into the
Recreation & Parks Capital Improvement budget to fund the
purchase of the property.
aa. Agreement with Tumblin Company ($420,000) for the acquisition of real
property located at 5585 Standard Street for the Hageman Flyover Project.
AGR 2022-097
ab. Utility agreement with California Water Service Company (in the amount of
$334,512.17) for the relocation of potable water facilities in conflict with the
Centennial Corridor Project. (TRIP)
AGR 2022-098
ac. Amendment No. 5 to Agreement No. 03-099 between the City of Bakersfield
and Aramark Entertainment, LLC. The City and Aramark Entertainment, LLC
wish to amend the agreement a fifth time to extend the term of the
agreement. Aramark Entertainment, LLC shall make an investment of
$400,000 over the seven-year period.
AGR 03-099(5)
ad. Amendment No. 4 to Agreement No. 18-123 with Solenis LLC ($120,000; for a
revised total contract amount of $596,000) to provide polymer for the
dissolved air flotation thickeners (DAF) at Wastewater Treatment Plant No. 3.
AGR 18-123(4)
Bakersfield, California, June 1, 2022, Page 7
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7. CONSENT CALENDAR continued
ae. Amendment No. 3 to Agreement No. 2020-037 with American International
Environmental, Inc. ($150,000; revised not to exceed $730,000 and extend
term to June 30, 2023), to continue landfill gas services.
AGR 2020-037(3)
of. Amendment No. 1 to Agreement No. 2020-107 with GSE Construction
Company Inc. ($170,000; revised not to exceed $370,000 and extend term
by one year until June 30, 2023), for on -call maintenance services at
Wastewater Treatment Plant No. 2 and Wastewater Treatment Plant No. 3.
AGR 2020-107(1)
ag. Contract Change Order No. 56 to Agreement No. 19-069 with Security
Paving Company ($18,864.00; revised not to exceed $148,439,373.92) for the
Centennial Corridor Mainline Project.
AGR 19-069 CCO 56
ah. Contract Change Order No. 2 to Agreement No. 21-010 with Insituform
Technologies, LLC ($230,580.51; revised not to exceed $670,044.51), for the
Sewer Rehabilitation (CIPP Liner) Alta Vista Drive: Various Areas Project.
AGR 21-010 CCO 2
Bids:
ai. Accept bid and approve contract to BDM Inc. Fresno, California ($125,785)
to furnish and install A/C units at Police Property Room.
AGR 2022-099
aj. Accept bid and approve contract to EMCOR Services Mesa Energy,
Visalia, California ($63,029) to furnish and install a walk-in freezer at Police
Property Room.
AGR 2022-100
ak. Accept bid from Jim Burke Ford, Bakersfield ($101,786.66) for three midsize
sport utility vehicles for the Police Department.
al. Accept bid from CED Bakersfield ($271,641.47) for decorative bollards and
lamps for Chester Avenue streetscape, Mill Creek, and Q Street areas.
Miscellaneous:
am. Appropriation of $268,199 of ARPA funds in the City Manager's Operating
budget to fund the Kern Community Foundation agreement for operations
of the Bakersfield Youth Jobs Program.
an. Appropriate $73,325 Park Improvement Fund balance from Southwest
Developer Reimbursement Zone 1 for the reimbursement to Sierra Oaks,
Partners LLC for their completion of Belcourt Park.
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Bakersfield, California, June 1, 2022, Page 8
7. CONSENT CALENDAR continued
ao. ,Miscellaneous Appropriations:
1. Appropriate $1,100,000 Equipment Fund Balance to the Public Works
Department's operating budget within the Equipment Management
Fund for increased fuel and parts costs.
2. Appropriate $386,000 Sewer Enterprise Fund Balance (Wastewater
Treatment Plant 2) to the Public Works Department's operating
budget for increased operating costs associated with electricity and
fuel.
3. Appropriate $85,000 additional revenue to the Public Works
Department's operating budget for professional services within the
Development Services Fund.
ap. Acceptance of FY 2020-21 Transportation Development Act Funds Audit
Reports:
1. Independent Auditor's Report, Fund Financial Statements, and
Supplementary Information for the fiscal year ended June 30, 2021.
2. Auditor Communication with Those Charged with Governance
(SAS 114 Letter) for fiscal year ended June 30, 2021.
Successor Agency Business:
aq. Amendment No. 1 to Redevelopment Agency Agreement No. 09-005 to
assign agreement and loan obligations from Mercy Housing XI to Self -Help
Communities 1 LLC.
AGR 2022-101
Public Safety/Vital Services Measure:
ar. Agreement with SPIDR Tech Inc. ($465,302 five-year term) for community
communication software and services.
AGR 2022-102
City Clerk Drimakis stated staff memorandums were provided for: 7.a.
transmitting corrections to minutes due to scrivener's errors; 7.k. correcting
the dollar amount in the resolution to $49,500; 7.u. transmitting signed
agreement; and 7.v. transmitting signed agreement.
Motion by Vice -Mayor Weir to approve Consent Calendar items 7.a. through
7.ar. with noted corrections. Motion passed with Councilmember Parlier
absent.
8. CONSENT CALENDAR PUBLIC HEARINGS
None.
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Bakersfield, California, June 1, 2022, Page 9
9. HEARINGS
a. Public Hearing to consider resolutions adopting refuse and recycling rates
for Fiscal Year 2022-2023:
(Staff recommends adoption of the resolutions.)
1. Resolution adopting an increase to Fiscal Year 2022-23 refuse and
recycling rates.
RES 091-2022
2. Resolution providing for the collection of residential and commercial
refuse and recycling charges by the Kern County Auditor- Controller's
Office.
RES 092-2022
Hearing item 9.a. opened at 5:40 p.m.
No one spoke.
City Clerk Drimakis announced a staff memorandum received
transmitting seventeen protests.
Hearing item 9.a. closed at 5:45 p.m.
Motion by Vice -Mayor Weir to approve the staff, recommendation.
Motion passed with Councilmember Parlier absent.
b. Public Hearing to consider resolutions adopting Sewer Rates for Fiscal Year
2022-2023:
(Staff recommends adoption of the resolutions.)
1. Resolution adopting increases to Fiscal Year 2022-23 sewer and storm
sewer user rates.
RES 093-2022
2. Resolution providing for the collection of residential and commercial
sewer and storm sewer service user flat rate charges by the Kern
County Auditor -Controller's Office.
RES 094-2022
City Clerk Drimakis announced a staff memorandum was received
transmitting 2 email inquiries, 16 protests, and 22 phone inquiries.
Hearing item 9.b. opened at 5:50p.m.
No one spoke.
Hearing item 9.b. closed at 5:55 p.m.
Motion by Vice -Mayor Weir to approve the staff recommendation.
Motion passed with Councilmember Parlier absent.
Bakersfield, California, June 1, 2022, Page 10 4 11 70
9. HEARINGS continued
C. Public Hearing to consider an increase in Domestic Water Quantity Rates,
Monthly Readiness -to -Serve Rates and Monthly Private Fire Protection
Service Rates for Fiscal Year 2022-23 (Proposed 5% Rate Increase).
(Staff recommends opening public hearing to receive testimony and continuing public
hearing to June 15, 2022.)
City Clerk Drimakis announced a staff memorandum was provided
transmitting four protests.
Hearing Item 9.c. opened at 5:55 p.m.
No one spoke.
Motion by Vice -Mayor Weir to approve the staff recommendation. Motion
passed with Councilmember Parlier absent.
d. Public Hearing for the Fiscal Year 2022-23 Operating and Capital
Improvement Program Budgets.
(Staff recommends City Council hear public testimony.)
Hearing item 9.d. opened at 6:04 p.m.
The following individuals spoke in opposition to the proposed budget:
Sandra Plascencia, Policy Advocate, Leadership Counsel for Justice and
Accountability (submitted written comments), Ashley De La Rosa, Dolores
Huerta Foundation, Cecilia Castro, Deputy Director, Dolores Huerta
Foundation, Maria Rios, Co -Chair, Kern Economic Justice Coalition,
Rosa Lopez, Economic Justice Coalition; and Wendel Wesley Jr.
The following individuals emailed comments in opposition to the City's
proposed budget: Sandra Plascencia; Gina Yum; Onyx Mora; Riddhi Patel;
Brandi Wolsey; Gabrielle G.; Rebecca Castro; Cecilia Delgado; Brianna
Santaella; and Jared Haug.
No one spoke in support of the proposed budget.
Hearing item 9.d. closed at 6:14 p.m.
Councilmember Arias made a referral to staff to develop a toolkit to prevent
displacement and gentrification of neighborhoods.
Councilmember Gonzales made a referral to staff to prioritize the
annexation of County pockets to make neighborhoods whole and to better
serve those communities.
10. REPORTS
None.
11. DEFERRED BUSINESS
None.
Bakersfield, California, June 1, 2022, Page 11 4 1 7 1
12. NEW BUSINESS
a. Resolution of Local Support for Active Transportation Program (ATP) Projects
for federal fiscal years 2023 and 2024.
(Staff recommends adoption of the resolution.)
RES 095-2022
Staff recommends approval of the resolution.
City Manager Clegg and Public Works Director Strakaluse made staff
comments.
Motion by Councilmember Smith to approve the staff recommendation.
Motion passed with Councilmember Parlier absent.
13. COUNCIL AND MAYOR STATEMENTS
Councilmember Arias made a referral to leverage some of the American Rescue
Plan Act Funding for investments in sewer infrastructure for Brooks Street just south
of White Lane and establish a sewer maintenance district in that area.
Councilmember Arias made a referral for staff to look at the Use Schedules for
Manufacturing Zones for an opportunity to create more jobs and housing.
Councilmember Gonzales announced the Transformative Climate Communities
Meeting next week. He also requested that the City Manager include a meeting
summary to the Council in his Weekly Memorandum.
Mayor Goh thanked all who were able to honor our fallen this Memorial Day
weekend. She had an opportunity to attend four services and there were so many
who volunteered their time to be there, also to help and coordinate the services.
She thanked those that served and who have lost loved ones.
14. ADJOURNMENT
Mayor Goh adjourned the meeting in honor of the victims and families of the
tragedy at Uvalde, Texas at 6:57 p.m.
�' 44M Vq�l-
KAREN GOH
MAYOR of the City of Bakersfield
ATTEST:
J LIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
4 1 7 2 Bakersfield, California, June 1, 2022, Page 12
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