HomeMy WebLinkAbout01/11/23 CC MINUTES4?O6
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 11, 2023
Council Chambers, City Hall, 1501 Truxtun Avenue
RegularMeetirgs-3:30 p.m. and 5:15 p.m.
REGULAR MEETING - 3:30 PM
ROLL CALL
Present: Mayor Goh, Vice -Mayor Gonzales, Councilmembers Arias, Smith,
Freeman, and Kaur
Absent: Councilmembers Weir and Gray
2. PUBLIC STATEMENTS
a. Agenda Item Public Statements
None.
b. Non -Agenda Item Public Statements
None.
3. CLOSED SESSION
a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant
to Government Code Section 54956.9(d)(1) (2 matters.)
1. Blas Parra, by and through his guardian ad litem, Joseph Etienne v. City
of Bakersfield, of al. Kern County Superior Court Case No. BCV-18-
100718
2. Nash Perry v. City of Bakersfield, et al. _SDC, Eastern District of California
Case No. 1 :18-CV-01512 Consolidated with: Jason Okamoto, et al. v.
City of Bakersfield, et al. _SDC, Eastern District of California Case No.
1: 1 9-CV-0 1125
b. Conference with Labor Negotiator pursuant to Government Code Section
54957.6.
Motion by Vice -Mayor Gonzales to adjourn to Closed Session at 3:32 p.m.
Motion is unanimously approved.
The Closed Session meeting was adjourned at 5:18 p.m.
Meeting reconvened at 5:18 p.m.
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4. CLOSED SESSION ACTION
a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant
to Government Code Section 54956.9(d) (1 ) (2 matters.)
Blas Parra, by and through his guardian ad litem, Joseph Etienne v. City
of Bakersfield, et al. Kern County Superior Court Case No. BCV-18-
100718
No Reportable Action
2. Nash Perry v. City of Bakersfield, et al. USDC, Eastern District of California
Case No. 1:18-CV-01512 Consolidated with: Jason Okamoto, et al. v.
City of Bakersfield, et al. USDC, Eastern District of California Case No.
1 :19-CV-01 125
No Reportable Action
b. Conference with Labor Negotiator pursuant to Government Code Section
54957.6.
Staff was given direction.
S. ADJOURNMENT
Mayor Goh adjourned the 3:30 p.m. meeting at 5:19 p.m. i
k
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REGULAR MEETING - 5:23 PM
1. ROLL CALL
Present: Mayor Goh, Vice -Mayor Gonzales, Councilmembers Arias, Smith,
Freeman, and Kaur
Absent: Councilmembers Weir and Gray
2. INVOCATION
by Mayor Goh
3. PLEDGE OF ALLEGIANCE
by Gurnoor Batth, Junior at Ridgeview High School, and Ward 7 Youth Commissioner.
4. PRESENTATIONS
a. Proclamation to Dustin Contreras, Co -Director of the Kern Coalition
Against Human Trafficking, declaring Human Trafficking Awareness
Month in Bakersfield during January 2023.
b. Presentation recognizing Bakersfield's 125 years of incorporation on
January 11, 2023, by Joseph Conroy, Public Information Officer for the City of
Bakersfield.
5. PUBLIC STATEMENTS
a. Agenda Item Public Statements
1. Lisa Smith spoke regarding Consent Calendar item 7.o.
Deputy City Clerk Ortega announced a staff memorandum was provided
transmitting correspondence regarding Consent Calendar item 7.n.
Non -Agenda Item Public Statements
1 . Lisa Smith spoke regarding graffiti and trash in her neighborhood, between
Stockdole Highway and Belle Terrace due to the TRIP Construction Project
(written material provided).
Vice -Mayor Gonzales requested staff coordinate with the partners of TRIP
to ensure the construction area surrounding the Centennial Corridor (near
HWY 99 and Real Rd) is maintained with graffiti abatement and clean up.
2. Al Dilger spoke regarding revamping City Animal Shelter services.
Vice -Mayor Gonzales requested staff provide an analysis of the capital
and operating costs of the City's Animal Care Center to the next Safe and
Healthy Neighborhoods Committee meeting.
E` 3. Ian Journey spoke regarding amenities for bicycles at City parks (written
material provided).
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5. PUBLIC STATEMENTS continued ■■
4. MT Merickel spoke regarding support of backyard hens (written material
provided).
5. Michael Turnipseed spoke regarding response time and service received
from the Police Department for vandalism of private property.
6. APPOINTMENTS
a. Appointment of one member (at -large) to the Golden Empire Transit District
Board (term to expire January 6, 2027) due to the expiration of term of Cindy
Farm.
(Staff recommends City Council determination.)
Motion by Vice -Mayor Gonzales to reappoint Cindy Parra to a four-year term on the
Golden Empire Transit District Board. Motion passed with Councilmembers Weir and
Gray absent.
b. Appointment of eight members to the Keep Bakersfield Beautiful Committee,
due to term expirations of Regular Members Jenilee Fermin (Ward 1), Ray
Scott (Ward 3), Brooks Douglass (Ward 4), Paul Yanez (Ward 7), and Alternate
Members Anna Smith (Ward 1), Jenifer Van Alstein (Ward 3), Sophia Felix
(Ward 4), Theresa Olson (Ward 7)
(Staff recommends City Council determination.)
Deputy City Clerk Ortega announced applications for appointment were
received from the following individuals: Theresa Edmoundson-Olson; Brooks
Douglass; Raymond Paul Scott; J-P Masuda; Paul Yanez; Rafael Molina; Sohp o
Felix; Joshua Yurkanin; Jenilee Fermin and Harwant Gill.
Councilmember Arias nominated Jenilee Fermin, as the Regular Member,
representing Ward 1.
Councilmember Smith nominated Brooks Douglass as the Regular Member
and Sophia Felix as the Alternate Member, representing Ward 4.
Councilmember Kaur nominated Horwant Gill as the Regular Member and
reappoint Paul Yanez as the Alternate Member, representing Ward 7.
Motion by Vice -Mayor Gonzales to approve nominations to the Keep Bakersfield
Beautiful Committee. Motion passed with Councilmembers Weir and Gray absent.
C. Appointment of three members to the Bakersfield Public Safety/Vital City
Services Measure Citizens Oversight Committee, due to term expiration of
Mark Dewey ( Ward 1), Ken Keller (Ward 3), Nicholas Ortiz (Ward 4) Matob
Singh (Ward 7).
(Staff recommends City Council determination.)
Deputy City Clerk Ortega announced applications for appointment were
received from the following individuals: Mark Dewey; Nicholas Ortiz and
Norma Rojas -Mora.
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6. APPOINTMENTS continued
ITEM 6.c. continued
Councilmember Arias nominated Mark Dewey, to represent Ward 1.
Councilmember Smith nominated Nick Ortiz, to represent Ward 4.
Councilmember Kaur nominated Norma Rojas -Mora, to represent Ward 7.
Motion by Vice -Mayor Gonzales to approve nominations to the Bakersfield Public
Safety/Vital City Services Measure Citizens Oversight Committee. Motion passed with
Councilmembers Weir and Gray absent.
d. One appointment (at large) to the Miscellaneous Departments Civil Service
Board due to the term expiration of Patrick Bowers on December 31, 2022.
(Staff recommends City Council determination.)
Deputy City Clerk Ortega announced two applications for appointment were
received from the following individuals: Jenilee Fermin and Patrick Bowers. A
staff memorandum was received transmitting a request from Jenilee Fermin to
withdraw her application.
Motion by Vice -Mayor Gonzales to reappoint Patrick Bowers to the Miscellaneous
Civil Service Board. Motion passed with Councilmembers Weir and Gray absent.
e. Appointments to City Council Committees and other special Committees and
Boards by Vice Mayor Gonzales for 2023-25.
(to be determined by Vice Mayor and ranted by Council.)
Vice -Mayor Gonzales announced his appointments to the committees as
follows:
BUDGET AND FINANCE
Gonzales - Chair
Weir
Arias
LEGISLATIVE AND LITIGATION
Freeman - Chair
Kaur
Gonzales
PERSONNEL
Weir - Chair
Smith
Gray
PLANNING AND DEVELOPMENT
Kaur - Chair
Freeman
Smith
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6. APPOINTMENTS continued
ITEM 6.e. continued
SAFE AND HEALTHY NEIGHBORHOODS
Arias - Chair
Gray
Kaur
WATER
Smith - Chair
Freeman
Gonzales
HOUSING AND HOMELESSNESS
Gonzales - Chair
Arias
Weir
MULTI -MODAL TRANSPORTATION AND TRAFFIC SAFETY AD HOC
Arias - Chair
Smith
Kaur
KERN COUNCIL OF GOVERNMENTS
Smith - Appointee
Arias - Alternate
KERN ECONOMIC DEVELOPMENT CORPORATION
Freeman - Appointee
KERN RIVER GROUNDWATER SUSTAINABILITY AGENCY
Smith - Appointee
LAFCO
Gonzales - Appointee
Kaur - Alternate
SOLID WASTE MANAGEMENT ADVISORY COMMITTEE
Weir- Appointee
Gray - Alternate
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
Arias - Appointee
(cur - Alternate
Motion by Vice -Mayor Gonzales to approve the appointments. Motion approved
with CouncUmember Freeman voting no and Counctlmembers Weir and Gray
absent.
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Bakersfield, California, January 11, 2023 - Page 7
7. CONSENT CALENDAR
(Staff recommends adoption of Consent Calendar items.)
Minutes:
a. Approval of minutes of the December 14, 2022, Regular City Council Meeting.
Payments:
b. Receive and file department payments from December 2, 2022, to
December 29, 2022, in the amount of $36,644,491.09 and Self -Insurance
payments from December 2, 2022, to December 29, 2022, in the amount of
$1,849,076.89, totaling $38,493,567.98.
Ordinances:
C. Adoption of an ordinance amending Bakersfield Municipal Code Section
17.06.020 by changing the official zoning map from exclusive PUD (Planned
Unit Development) to R-2/PUD (Limited Multiple -Family Dwelling/Planned Unit
Development) on 20 acres located at the northeast corner of Noriega Road
and Old Farm Road. Applicant is McIntosh & Associates representing the
property owner Finley Park Properties, LLC (ZC No. 22-0097) (FR 11/16/22)
ORD 5118
d. Adoption of ordinance amending Chapter 15.65 of the Bakersfield Municipal
Code relating to the California Fire Code. (FR 12/14/2022)
ORD 5119
Resolutions:
e. 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 001-2023
Resolution authorizing submittal of application(s) for all CalRecycle Grants for
five years.
RES 002-2023
g. Resolution determining that Ram Air dryer equipment 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 therefore, not to exceed $43,000.
RES 003-2023
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Bakersfield, California, January 11, 2023 -Page 8
CONSENT CALENDAR continued
h. Purchase of a small utility vehicle:
1. Resolution determining that a Toyota RAV4 vehicle can most efficiently
be obtained through cooperative procurement bidding procedures
from Freeway Toyota and authorizing the Finance Director to dispense
with bidding thereof, not to exceed $33,000.
RES 004-2023
2. Appropriate $33,000 Equipment Fund balance to the Public Works
Operating Budget to fund the purchase cost of a small utility vehicle for
the Wastewater Division.
I. Rehabilitation of the AquaDisk cloth media filter and controls located at
Wastewater Treatment Plant No. 3:
1. Resolution determining that parts required for the cloth media filter and
its controls cannot be reasonably obtained through the usual bidding
procedures and authorizing the Finance Director to dispense with
bidding, not to exceed $150,000.
RES 005-2023
2. Approval of Agreement with Aqua -Aerobic Systems, Inc. (not to
exceed $150,000) to provide required parts and services for cloth
media filter and its controls.
AGR 2023-001
Agreements:
j. Agreement with the Bakersfield Society For The Prevention of Cruelty To
Animals to accept grant funding from The University of California, Davis, the
California Animal Welfare Funders Collaborative, and the Michelson Found
Animals Foundation (not to exceed $233,000) to expand programs and
services and purchase necessary equipment.
AGR 2023.002
k. Contribution Agreement with CSUB Foundation (not to exceed $200,000) for
the development of the Future Grid Hub.
AGR 2023-003
I. Agreement with M8 Systems (not to exceed $99,999) to relocate business
operations to the City of Bakersfield and for business development.
AGR 2023-004
M. Central Valley Inclusive Innovation Hub:
1. Subaward Agreement with California State University Fresno Foundation
(not to exceed $10,000) for professional services
AGR 2023-005
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7. CONSENT CALENDAR continued
ITEM
{L
7.m. continued
2. Appropriate $10,000 to the Economic and Community Development
Department operational budget.
n.
Home Repair and Weatherization Program:
1. Agreement with Habitat for Humanity - Golden Empire (not to exceed
$500,000) for home repair contract services.
AGR 2023-006
2. Agreement with Staples Energy (not to exceed $500,000) for home
repair contract services.
AGR 2023-007
0.
Expansion of the existing graffiti removal program to provide services in
designated areas in the County:
1. Agreement with Kern County for Delegated Graffiti Removal (not to
exceed $3,833,646; $1,277,882 per year; for a three-year term)
AGR 2023-008
2. Appropriate $600,000 of County project costs to the Public Works
Department Operating Budget within the General Fund to fund
operations through June 30, 2023.
p.
Agreement with the County of Kern ($350,000 of Community Development
Block Grant Funds (CDBG)) for the purchase of playground equipment for
Belle Terrace Park.
AGR 2023-009
q.
Agreements to provide on -call pavement striping and marking services for
Public Works Street Maintenance Division:
1. Agreement with Harker Striping and Signage, (not to exceed $500,000
for a one-year term).
AGR 2023-010
2. Agreement with PCI, (not to exceed $500,000 for a one-year term).
AGR 2023-011
r.
Agreements to provide On -Call Services to the City for a One -Year Term:
1. U.S. National Corp to provide Painting Services (not to exceed
$600,000).
AGR 2023-012
2. MJS Solutions to provide Custodial Services (not to exceed $300,000).
AGR 2023.013
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CONSENT CALENDAR continued
ITEM 7.r. continued
3. All American Glass to provide Glass Replacement Services (not to
exceed $325,000).
AGR 2023-014
S. Agreement with C & W Construction Specialties, Inc. (not to exceed $250,000
for one year term), to provide on -call services to furnish, install, upgrade,
provide emergency repairs, and/or provide routine maintenance of guardrail.
AGR 2023-015
t. Agreement with AECOM Technical Services, Inc. (not to exceed $141,919), to
provide design and engineering services for Wastewater Treatment Plant No. 2
Bar Screen Rehabilitation Project.
AGR 2023-016
u. Agreement with Kern County Water Agency Improvement District No. 4 (not
to exceed $400,000) for Dry Year Water Supply.
AGR 2023-017
V. final Map, Improvement Agreement, and Landscape Improvement
Agreement with Jeremy Willer Construction, Inc. (Developer) for Tract Map
6426, Phase 2, Located South of Paladino Drive between Morning Drive and
Masterson Street.
AGR 2023-018, AGR 2023-019
W. Amendment No. 2 to Agreement No. 2021-297 Emergency Solutions Grant
(ESG) with Open Door Network for Shelter Operations (extend the term to May
1, 2023) to continue the ESG eligible services.
AGR 2021-297 (2)
X. Amendment No. 2 to Agreement No. 2021-301, Emergency Rehousing
Services (extend term to May 1, 2023) to continue ESG eligible services.
AGR 2021-301 (2)
Y. Amendment No. 2 to Agreement No. ED21-015 with Center for Strategic Policy
Innovation ($32,000; revised not to exceed $60,000, adding additional scope
of work, extending term) for visioning and stakeholder engagement and other
services for the creation of a City and regionally focused platform for
agrivoltaics and solar PV-anchored microgrid projects.
AGR 2023-020 fff
Z. Contract Change Order No. 60 to Agreement No. 18-176 with Security Paving
Company ($95,950.50; revised not to exceed $50,758,109.65) for Bakersfield
Freeway Connector Project.
AGR 18-176 CCO 60
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[ 7. CONSENT CALENDAR continued
■ Bids:
aa. Rescind bid award to Jim Burke Ford in Bakersfield ($101,786.66) for three
midsize sport utility vehicles for the Police Department.
ab. Accept bid and approve contract to Brazos Urethane, Inc. ($269,194), for roof
restoration at the Corporation Yard, Building C.
AGR 2023.021
oc. Purchase of a portable electric stacking conveyor for the Mt. Vernon Green
Waste Recycling & Composting Facility:
1. Accept bid from Resource Machinery & Engineering, Ventura
($199,681.58) for a portable electric stacking conveyor.
2. Appropriate and Transfer $19,700 Public Works Refuse Enterprise Fund
balance to the Public Works Department's Operating Budget within the
Equipment Fund to complete the purchase of a conveyor.
ad. Purchase of service truck with hydrant valve for Water Resources:
Increase compensation to Jim Burke Ford, Bakersfield ($4,825.78) for a
modification to a service truck with a hydrant valve.
2. Appropriate $4,900 Equipment Management Fund balance to the
Public Works Department's Operating Budget to fund the cost increase.
Miscellaneous:
ae. Appropriate $397,364.11 State Grant Revenues to the Police Operating
Budget within the Supplemental Law Enforcement Services Fund.
of. Approval of revised Job Specification: Public Works Operations Manager
#88060.
ag. Review and acceptance of the Fiscal Year 2021-2022 Annual Compliance
Report for Bridge Crossing and Major Thoroughfare Fees prepared in
accordance with California Government Code §66006.
ah. Review and acceptance of the Fiscal Year 2021-2022 Annual Compliance
Report for Planned Drainage Area Fees prepared in accordance with
California Government Code §66006.
ai. Review and acceptance of the Fiscal Year 2021-2022 Annual Compliance
Report for Planned Sewer Area Fees prepared in accordance with California
!! Government Code §66006.
aj. Review and acceptance of the Fiscal Year 2021-2022 Annual Compliance
Report for Transportation Impact Fees prepared in accordance with California
Government Code §66006.
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CONSENT CALENDAR continued
Successor Agency Business:
None.
Public Safety/Vital Services Measure:
ok. Amendment No. 1 to Agreement No. 2022-021 with Trans -West Security
(extend term 1 year) for continued security services.
AGR 2022-021 (1)
al. Amendment No. 1 to Agreement No. 2021-307 with Flood Ministries (extend
term to June 30, 2023) for Kern River Outreach Services.
AGR 2021-307 (1)
am. Agreement with RYMAC General Contracting, Inc. to complete tenant
improvements to the Brundage Lane Navigation Center:
Approve Amendment No. 2 to Agreement No. 2021-245 increasing the
compensation amount of Agreement No. 2021-245 by $897,285 to
allow for completion of the construction phase of the BLNC tenant
improvement project.
AGR 2021-245 (2) ]
2. Appropriate and transfer $897,285 from Public Safety Vital Services - J
Measure N unappropriated sales tax revenues to the Public Works
Capital Improvement Project budget within the PSVS-Measure N
Capital Outlay Fund.
an. Rescind bid award to Jim Burke Ford in Bakersfield ($46,213.10) for a service
truck with ladder rack for General Services.
Deputy City Clerk Ortega announced a staff memorandum was received for
item 7.k., transmitting signed agreement.
Motion by Vice -Mayor Gonzales to adopt Consent Calendar items 7.a. through 7.an.
Motion was approved with Councilmembers Weir and Gray absent.
8. CONSENT CALENDAR PUBLIC HEARINGS
None.
9. HEARINGS
a. Public Hearing to consider Amendment No. 2 to the U.S. Department of
Housing and Urban Development (HUD) Action Plan -Fiscal Year (FY) 2022-
2023, transferring $333,000 of Community Development Block Grant (CDBG)
funds from Jewetta Avenue Curb Gutter and Sidewalk Project to Ohio Drive
Curb Gutter and Sidewalk Project.
(Staff recommends approval of the Action Plan Amendment and transferring of funds.)
Deputy City Clerk Ortega announced a staff memorandum was received
correcting the title from Jewetta Avenue to Jewett Avenue.
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Bakersfield, California, January 11, 2023 - Page 13
sss 9. HEARINGS continued
ITEM 9.a. continued
Economic Development Director Saldana made staff comments.
Hearing item 9.a. opened at 6:18 p.m.
No one spoke in opposition.
No one spoke in support.
Hearing item 9.a. closed at 6:18 p.m.
Motion by Vice -Mayor Gonzales to approve staff recommendation. Motion
approved with Councilmembers Weir and Gray absent.
10. REPORTS
None.
11. DEFERRED BUSINESS
None.
12. NEW BUSINESS
None.
13. COUNCIL AND MAYOR STATEMENTS
Vice -Mayor Gonzales made comments regarding the Brundage Lane Navigation
Center and expressed excitement of the 20011, person that has received permanent
housing due to hard work of all services involved.
Vice -Mayor Gonzales explained that he did not appoint to the Community Services
Committee with the hopes of realigning the committees with Council goals, with
more discussion at an upcoming Council workshop.
Vice -Mayor Gonzales expressed his appreciation to Public Works Director Strokoluse
and staff for the downtown improvements including the bollards and the locked
dumpsters.
Councilmember Freeman made comments regarding an awareness of safety
concerns with homelessness.
Councilmember Freeman requested Planning and Development Committee review
the small lot subdivision policy and subdivision rental single family dwelling policy.
Councilmember Smith requested the Multi -modal Ad Hoc Committee review the
possibility of developing a bicycle pump hack and/or mountain biking recreational
facility.
Councilmember Arias expressed his appreciation to Vice -Mayor Gonzales in
accepting his request to establish the Multi -Modal Transportation and Safety
Committee. He also expressed his appreciation to Councilmember Smith for his
efforts in addressing some of the Multi -Modal Transportation issues in the City.
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Bakersfield, California, January 11, 2023 - Page 14
13. COUNCIL AND MAYOR STATEMENTS continued
Councilmember Arias requested the Muhl -Modal Transportation and Safety Ad Hoc
Committee: (1) review the crosswalk policy and explore the Installation of
continental crosswalks and additional safety measures in general and specifically
near schools, parks, places of congregation, etc., (2) review proactive measures to
Installing bike lanes on arterial and collector streets citywide where there are
currently none, (3) review the usage of ARPA funding to fast hack the design of multi -
modal transportation capital Improvement projects (H Street Canal, Bike & Pedestrian
Path and Mill Creek Expansion Project), (4) review the traffic calming tool kit.
Councilmember Kaur echoed Councilmember Arias's recommendations. She
expressed appreciation to Councilmembers and staff for their generosity and grace
In her on board process and their patience as she gives this new role the due
diligence it deserves. Wished everyone a day of reflection for Dr. Martin Luther King
Day.
Councilmember Smith requested the subdivision standards be sent to the Multi -
Modal Transportation and Safety Ad Hoc Committee and explore buffered bike lanes
and cycle tracks.
Mayor Goh made comments regarding homelessness and shared many activities
to celebrate Dr. Martin Luther King Day, Monday, January 16, 2023.
14. ADJOURNMENT
Mayor Goh adjourned the meeting at 6:41 p.m.
KAREN GOH
MAYOR of the City of Bakersfield
ATTEST
MILE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
J