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HomeMy WebLinkAbout07/13/22 CC MINUTES4189 1 1 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JULY 13, 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, Councilmembers Arias, Smith, Freeman, and Gray Absent: Councilmembers Gonzales and Parlier 2. PUBLIC STATEMENTS a. Agenda Item Public Statements None. b. Non -Agenda Item Public Statements None. 3. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d) (e) (1) (one matter). b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d) (2) (e) (2) One matter re: Cal. Labor Code section 500, et seq. and 29 U.S.C. 201, et seq. a. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code section 54957(b) (1)/54957.6. Motion by Vice -Mayor Weir to adjourn to Closed Session at 3:32 p.m. The Closed Session meeting was adjourned at 4:59 p.m. Meeting reconvened at 5:11 p.m. 4190 Bakersfield, California, July 13, 2022 - Page 2 4. CLOSED SESSION ACTION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code section 54956.9 (d) (e) (1) (one matter) . No Reportable Action. b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d) (2) (e) (2) One matter re: Cal. Labor Code section 500, et seq. and 29 U.S.C. 201, et seq. By a 4-1 vote, with Councilmember Smith voting no, staff and City Attorney was given direction. C. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code section 54957(b) (1)/54957.6. Vice -Mayor Weir announced the City Manager received a satisfactory evaluation. 5. ADJOURNMENT Mayor Goh adjourned the meeting at 4:59 p.m. 1 4191 1 Bakersfield, California, July 13, 2022 - Page 3 REGULAR MEETING - 5:15 PM 1. ROLL CALL Present: Mayor Goh, Vice Mayor Weir, Councilmembers Arias, Gonzales, Smith, Freeman, Gray and Parlier Absent: None. 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. PRESENTATIONS Proclamation to Rick Anthony, Director of Recreation & Parks, declaring July 2022 as Recreation & Parks Month in Bakersfield. 5. PUBLIC STATEMENTS a. Agenda Item Public Statements Email correspondence received from Jonathan Ekegren shared by Councilmember Parlier. b. Non -Agenda Item Public Statements 1. Dick Taylor, trustee of Union Cemetery, expressed appreciation to Councilmembers Arias and Gonzales, City Staff and Chief Terry and the Police department. He requested a grant, or special funding for additional security. Councilmember Gonzales requested staff reach out to Union Cemetery and Mr. Dick Taylor to discuss their safety needs as well as review what, if any, traffic calming measures can be incorporated into the surrounding area to improve safety. 2. Griselda Hurtado, Association Manager, Union Cemetery, expressed appreciation to Councilmembers Arias and Gonzales. She requested assistance with their funding needs. Councilmember Arias requested staff reach out to Union Cemetery and Griselda Hurtado to discuss their funding needs and determine if there are any opportunities for the city to assist with funding either through EOA, CDBG or an alternate program. 3. Karla Carrillo, Samiva Casillas, and Bernardo Ochoa, Chair of Tobacco Free of Kern County, spoke regarding the Tobacco Retail License Policy. Councilmember Parlier requested staff reach out to the group to provide information about the future meeting where Tobacco Retail License Policy will be discussed. g192 6. F Bakersfield, California, July 13, 2022 - Page 4 APPOINTMENTS a. Two Appointments (Ward 1 Alternate Member, Ward 7 Alternate Member) to the Youth Commission to complete a term to expire July 31, 2024. Staff recommends Council determination. City Clerk Drimakis announced that two applications for the appointments have been received from Natalie Tarango and Ivan Tran. Councilmember Arias, Ward 1, nominated Natalie Tarango. Councilmember Parlier, Ward 7, nominated Ivan Tran. Motion by Vice -Mayor Weir to appoint Natalie Tarango, as the alternate member for Ward 1 and Ivan Tran, as the alternate member for Ward 7 on the Bakersfield Youth Commission, term to expire July 31, 2024. Motion unanimously approved. CONSENT CALENDAR (Staff recommends adoption of Consent Calendar items.) Minutes: a. Approval of minutes of the June 15, 2022, Regular City Council Meetings. Payments: b. Receive and file department payments from June 3, 2022, to June 30, 2022, in the amount of $33,780,894.75. Self-insurance payments from June 3, 2022, to June 30, 2022, in the amount of $3,260,954.17, totaling $37,041,848.92. Ordinances: C. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R-1 (One -Family Dwelling) to R-1-4.5 (Small Lot One -Family Dwelling-4,500 square foot minimum lot size) on 23.45 generally located at the northeast corner of Berkshire Road and future Reliance Drive. Addendum to a Mitigated Negative Declaration on file. (ZC No. 21-0397). d. Adoption of ordinance enacting Chapter 9.29 to the Bakersfield Municipal Code relating to Shopping Carts -Containment. (FR 06/15/22) ORD 5097 Resolutions: e. Resolution authorizing the transfer of Unclaimed Money ($84,293.51) from the Escheat Trust Account to the General Fund. RES 113-2022 f. Resolution establishing the Smart Cart Shopping Cart Containment Subsidy Program. REMOVED FOR SEPARATE CONSIDERATION. SEE PAGE 9. 4193 Bakersfield, California, July 13, 2022 - Page 5 7. CONSENT CALENDAR continued g. 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 115-2022 h. Resolution designating cities to be used in conducting comparison surveys of employees' compensation. RES 116-2022 Resolution to add Area 4-259 (240 Chester to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report. RES 117-2022 j. Bakersfield Police Department Shooting Range -Sound Mitigation Project: 1. Resolution dispensing with normal bidding procedures, per Municipal c ode section 3.20.060 DA and determining that asole source contract is the most efficient way to obtain contract pricing from a qualified contractor through a Design Build and authorizing the Finance Director to dispense with bidding thereof, not to exceed $1,000,000. RES 118-2022 2 Accept bid and approve contract with Proffitt Construction, Inc. dba Superior Construction ($932,818.87) for said project. AGR 2022-115 k. Amendment No. 17 to Resolution No. 179-19 approving Memorandum of Understanding for employees of the Blue- and White -Collar Units and adopting salary schedule and related benefits. RES 179-19(17) Agreements: I. Agreement with Dr. Mary Valenti Ph.D. (not to exceed $100,000) for Psychological Screening Services. AGR 2022-116 m. Authorize the City Manager to negotiate and executive a memorandum of Understanding (Collective Partnership Agreement Letter) effectuating the City of Bakersfield's participation in the Kern Community Economic Resilience Fund Program Coalition. AGR 2022-117 �11 94 Bakersfield, California, July 13, 2022 - Page 6 7. CONSENT CALENDAR continued n. Agreement with Trans West Security (not to exceed $210,000) for site security services at the 18th & Eye Street Parking Garage and City Hall North. AGR 2022-118 o. Agreement with Tel-Tec Security Systems, Inc. (not to exceed $80,000), for access control and building alarms. AGR 2022-119 P. Freeway Maintenance Agreement with Caltrans for State Route 99 between Hosking Avenue and Airport Drive On -Ramp Separation Bridge. AGR 2022-120 q. Final Map and Improvement Agreement with Commanche, LLC. (Developer) for Parcel Map No. 12229, Phase 2 Located at the Southwest Corner of State Highway Route 178 and Comanche Drive. AGR 2022-121 r. Transportation Impact Fee Credit Agreement with Lennar Homes of California, Inc. (not to exceed $117,009.44), for the construction of Ashe Road to full 1 /2 width from Tract 6663 phase 2 and 3 boundary to Berkshire Road and the construction of Berkshire Road to full 1 /2 width from Ashe Road to the western side of the area labeled "not a part". AGR 2022-122 S. Approve Agreement with Housing Authority of the County of Kern (HACK) for $4,400,000 in Community Development Block Grant CDBG-CV2 Homekey set - aside funds for the rehabilitation and modernization of the 88 existing units at 1622 Union Avenue in downtown Bakersfield. AGR 2022-123 Economic Opportunity Area Incentive Program ($99,876.84) grant agreement with Sequoia Paint. AGR 2022-124 U. Homeless Housing, Assistance, and Prevention Services (HHAP) Grant for Bethany Services, Inc dba Bakersfield Homeless Center: $112,838.75; Rapid Rehousing Services; 1600 E. Truxtun Ave, Bakersfield, CA 93305. AGR 2022-125 V. Amendment No. 1 to Agreement No. 2021-301 with Rapid Rehousing with Bethany Services, Inc. for contractor name change with Bakersfield Homeless Center to The Open Door Network. AG R 2021-301(1) 4195 Bakersfield, California, July 13, 2022 - Page 7 7. CONSENT CALENDAR continued W. Amendment No. 2 to Agreement No. 2020-100 with Bethany Services Inc. (to extend the term to June 30, 2023 and assign the new entity "The Open Door Network, Inc.") for Cares Act Emergency Solutions Grant Program Services. AGR 2020-100(2) X. Amendments to Economic and Community Development Agreement Nos. 2020-175, 2020-176, 2021-019, 2021-297, 2021-299, 2022-068, 2022-069, reflecting contractor name change from Bakersfield Homeless Center to The Open Door Network. AGR 2020-175(1), AGR 2020-176 (1), AGR 2021-019 (1), AGR 2021-297 (1) AGR 2021-299(1), AGR 2022-068(1), AGR 2022-069(1) Y. Amendment No. 1 to Agreement No. 2021-187 with Community Action Partnership of Kern (CAPK) for $1,200,000 of Community Development Block Grant Coronavirus CARES (CDBG-CV) funds to expand the CAPK Food Bank AGR 2021-187 Z. Amendment No. 3 to Agreement No. 2021-041 with Housing Authority of the County of Kern for Emergency Rental Assistance. AGR 2021-041(3) aa. Amendment No. 4 to Agreement No. 18-133 with Kern Masonry Structures Inc. (extend term one year only), to continue the supply of block wall repair. AGR 18-133(4) ab. Amendment No. 1 to Agreement No. 2021-180 with General Tree Service, Incorporated ($860,000; revised not to exceed $1,720,000 and extend the term by one year) to continue the supply of tree trimming services. AGR 2021-180(1) ac. Amendment No. 5 to Agreement No. 17-202 with Applied LNG Technologies, LLC ($300,000; revised not to exceed $2,800,000), to continue the supply of liquid natural gas fuel. AGR 17-202(5) ad. Amendment No. 3 to Agreement No. 2021-039 with Economic Consultants Oregon LTD (ECONorthwest) (to extend the performance period), to provide additional time for internal and public review prior to returning to City Council for presentation of the final plan. AGR 2021-039(3) ae. Amendment No. 1 to Agreement No. 18-141 with PG&E (not to exceed $335,932.68) for the Centennial Corridor Mainline Project. AGR 18-141-(1) 4196 7. Bakersfield, California, July 13, 2022 - Page 8 CONSENT CALENDAR continued af. Contract Change Order No. 5 to Agreement No. 21-200 with GSE Construction Company ($63,046; revised not to exceed $1,339,634) for the Wastewater Treatment Plant No. 3 Primary Clarifiers 3 & 4 Rehabilitation Project. AGR 21-200 CCO 5 Bids: ag. Reject bid for the purchase of half ton crew cab pickups for the Fire Department. ah. Senate Bill 1 funded: Pavement Rehabilitation - White Lane from Old River Road to Gosford Road: 1. Accept bid and approve contract with Griffith Company ($4,804,735) for project. AGR 2022-126 2. Authorize staff to approve, as necessary, up to $200,000 in City -controlled contingency for unforeseen conditions encountered during construction of project. ai. Pavement Resurfacing (Slurry Seal - Type II) At Various Locations: l . Accept bid and approve contract with VSS International, Inc. $1,750,000) for said project; AGR 2022-127 2. Accept and approve Independent Contractors Agreement with V&A, Inc. ($175,000), for Fiscal Years 2022-2023 for the City's Construction Inspection Services (On -Call) for said project. AGR 2022-128 aj. Traffic Signal and Lighting System Installation at the Intersection of Ming Avenue and Grand Island Avenue: 1. Accept bid and approve contract with PTM General Engineering Services, Inc. ($323,023), for the project. AGR 2022-129 2. Appropriate $160,000 from the Gas Tax fund balance into the Public Works Department's Capital Improvement Program within the Gas Tax fund for the project. Miscellaneous: None. Successor Agency Business: None. A 1 9 7 Bakersfield, California, July 13, 2022 - Page 9 7. CONSENT CALENDAR continued Public Safety/Vital Services Measure: ak. Resolution designating Project Approval Authority for the City of Bakersfield Public Art Program. RES 119-2022 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 $404,700. RES 120-2022 am. Amendment No. 1 to Agreement No. RP 21-056 with Radian Design Group, Inc. ($25,025; revised not to exceed $63,676.50), for architectural/engineering design work for the Jastro Park Bandstand Stage, Project No. P2C048. AGR 2022-130 an. Amendment No. 1 to Agreement No. 2021-257 with MIG, Inc. ($373,565; revised not to exceed $895,650), for the expansion of scope of work for the Recreation and Parks Department Master Plan update. AGR 2021-257(1) ao. Reject bid for the purchase of half ton extended cab pickups for the Police Department. Councilmember Gray requested item 71 be removed for separate consideration. Motion by Vice -Mayor Weir to adopt Consent Calendar items 7.a. through 7. ao., with the removal of item 71 for separate consideration. Motion unanimously approved. f. Resolution establishing the Smart Cart Shopping Cart Containment Subsidy Program. RES 114-2022 Motion by Councilmember Gray to adopt Consent Calendar item 7.f. Motion unanimously approved. 8. CONSENT CALENDAR PUBLIC HEARINGS None. 9. HEARINGS None. 10. REPORTS None. Bakersfield, California, July 13, 2022 - Page 10 11. DEFERRED BUSINESS None. 12. NEW BUSINESS A. Council consideration and direction to staff concerning: 1. Proposed Ordinance Prohibiting Unlawful Possession of Catalytic Converters in the City; Support of State Legislation Addressing Catalytic Converter Thefts; and/or Monitoring Local Ordinances and State Legislation until a Future Date. Staff recommends Council determination. Deputy City Attorney Zambrano made staff comments and provided a PowerPoint presentation. Motion by Councilmember Gray to wait for State determination. Motion failed with Councilmembers Arias, Gonzales, Smith, and Parlier voting no. Motion by Councilmember Arias to bring an ordinance back for first reading regarding Catalytic Converters Thefts. Motion passed with Vice -Mayor Weir, and Councilmembers Freeman, and Gray voting no. 13. COUNCIL AND MAYOR STATEMENTS Councilmember Gonzales requested the Budget and Finance Committee consider Vacant and Nuisance Property Purchase Programs. 14. ADJOURNMENT Mayor Goh adjourned the meeting at 6:57 p.m. KAREN GOH MAYOR of the City of Bakersfield ATTEST ULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 1