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HomeMy WebLinkAbout01/25/23 CC MINUTESI of ems: R F o zmo REGULAR MEETING - 3:30 PM 1. ROLL CALL BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 25, 2023 Council Chambers, City Hall, 1501 Truxtun Avenue RegulcrMeetil p.m. and 5:15 p.m. Present: Vice Mayor Gonzales, Councilmembers Arias, Smith, Weir, Gray and Kour Absent: Mayor Goh, and Councilmember Freeman 2. PUBLIC STATEMENTS a. Agenda Item Public Statements None. b. Non -Agenda Item Public Statements Joy Kennedy spoke regarding stray animal population. 3. CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) ( I) regarding the following 5 matters: 1. Jane Doe v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-19-100312 2. Edgar Quincy Sloan v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-20-102749 3. Evangelos Demestihas v. City of Bakersfield Kern County Superior Court Case No. BCV-22-103041 4. Ignacio Morales, Nor! Sanchez, Simon Arietta, Oscar Fuentes, Daniel Avery and Reginald Gardner v. The City of Bakersfield Kern County Superior Court Case No. BCV-22-102383 5. Felipe Maldonado Barron v. City of Bakersfield Kern County Superior Court Case No. 3CV-18-102603 Motion by Councilmember Weir to adjourn to Closed Session at 3:40 p.m. Motion approved with Mayor Goh and Councilmember Freeman absent. The Closed Session meeting was adjourned at 5:08 p.m. Meeting reconvened at 5:08 p.m. 4521 Bakersfield, California, January 25, 2023 - Page 2 4. CLOSED SESSION ACTION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding the following 5 matters: 1. Jane Doe v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-19-100312 No Reportable Action 2. Edgar Quincy Sloan v. City of Bakersfield, at al. Kern County Superior Court Case No. BCV-20-102749 No Reportable Action 3. Evangelos Demestihas v. City of Bakersfield Kern County Superior Court Case No. BCV-22-103041 No Reportable Action 4. Ignacio Morales, Non Sanchez, Simon Arietta, Oscar Fuentes, Daniel Avery and Reginald Gardner v. The City of Bakersfield Kern County Superior Court Case No. BCV-22-102383 No Reportable Action 5. Felipe Maldonado Barron v. City of Bakersfield Kern County Superior Court Case No. BCV-18-102603 City Attorney was given direction by a unanimous vote of 6-0, with Councllmember Freeman absent. 5. ADJOURNMENT Vice Mayor Gonzales adjourned the 3:30 p.m. meeting at 5:10 p.m. 4322 Bakersfield, California, January 25, 2023 - Page 3 0 L REGULAR MEETING - 5:23 PM 7. ROLL CALL Present: Vice Mayor Gonzales, Councilmembers Arias, Smith, Weir, Gray and Kour Absent: Mayor Goh, and Councilmember Freeman 2. INVOCATION by Councilmember Smith 3. PLEDGE OF ALLEGIANCE by Councilmember Gray 4. PRESENTATIONS None. 5. PUBLIC STATEMENTS a. Agenda Item Public Statements Brooks Douglass spoke regarding Appointments item 6.a. b. Non -Agenda Item Public Statements 1. Juan Salazar, SEIL. spoke regarding City employee contract (submitted a petition with 586 employee signatures). 2. Richard Rodriguez spoke regarding backyard hens (written material provided). 3. Lance Powell, Police dispatcher, spoke regarding City employee contract. 4. Rob Duchow, Southern California Gas Company, spoke regarding high prices of natural gas and resolutions to help reduce the cost. 5. Kirk Boland provided written material. 6. APPOINTMENTS a. Appointment of three members to the Keep Bakersfield Beautiful Committee, due to term expirations of Regular Member Ray Scott (Ward 3), and Alternate Members Anna Smith (Ward 1 ) and Jenifer Van Alstein (Word 3) (Staff recommends City Council determination.) City Clerk Drimakis announced applications for appointment were received from the following individuals: Theresa Olson; Ray Scott; J-P Mosuda; Rafael Molina; and Joshua Yurkanin. Councilmember Arias spoke that recruitments would remain open, as he would not be making appointments at this meeting. 4323 Bakersfield, California, January 25, 2023 - Page 4 6. APPOINTMENTS Item 6.b. continued Councilmember Weir nominated Ray Scoff as the Regular Member and Theresa Olson as the Alternate Member, representing Ward 3. Motion by Vice -Mayor Gonzales to approve nominations to the Keep Bakersfield Beautiful Committee. Motion passed with Councilmember Freeman absent. 7. CONSENT CALENDAR (Staff recommends adoption of Consent Calendar items.) Minutes: a. Approval of minutes of the January 11, 2023, Regular City Council Meetings. Payments: b. Receive and file department payments from December 30, 2022, to January 12, 2023, in the amount of $14,727,621.21 and Self -Insurance payments from December 30, 2022, to January 12, 2023, in the amount of $240,587.23, totaling $14,968,208.44. Ordinances: None. Resolutions: C. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer'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 authorizing collection of the assessments by the Kern County Tax Collector. RES 006-2023 Wastewater Treatment Plant No. 2 Emergency Pipe Repair: Resolution dispensing with bidding procedures due to emergency pipe repair at Wastewater Treatment Plant No. 2 and authorizing GSE Construction Company, Inc. (not to exceed $1,475,000), and U.S. Peroxide, LLC dba USP Technologies (not to exceed $275,000) to perform necessary repairs. RES 007-2023 2. Appropriate $700,000 in Sewer Enterprise Fund balance to the Public Works Department's Capital Improvement Program (CIP) budget for the completion of emergency repair. e. Approve salary change for Police Dispatch 1/11: 1 . Amendment No. 21 to Resolution No. 179-19 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting schedule and related benefits. RES 179-19 (21) 4324 Bakersfield, California, January 25, 2023 - Page 5 7. CONSENT CALENDAR continued ITEM 7.e. continued 2. Amendment No. 33 to Resolution No. 44-93 setting salaries and related benefits for the Temporary Unit. RES 44-93 (33) Agreements: f. Anchor Tenant Lease Agreement with KG [US] OILERS CORP. and AEG Management Bakersfield, LLC, to continue to own and operate a professional ice hockey franchise within Mechanics Bank Arena. REMOVED BY STAFF g. Agreement with the Bakersfield City School District to provide School Resource Officer services. AGR 2023-022 IT. Final Map and Private Improvement Agreement with Castle & Cooke California, Inc., (Developer) for Tract Map 7300, Unit 8 Located South of Ming Avenue and Highgate Park Boulevard. AGR 2023-023 I. Agreement with AECOM Technical Services, Inc. (not to exceed $152,000), to provide design and engineering services for Wastewater Treatment Plant No.3 Booster Blower Upgrade Project. AGR 2023-024 j. Agreement with Bakersfield Senior Center for $90,000 of Community Development Block Grant Funds (CDBG) for operational expenses at 530 4th Street. AGR 2023-025 k. Economic Opportunity Area Incentive Program ($74,711) grant agreement with BB&A Construction. AGR 2023-026 I. Amendment No. 5 to Agreement 2021-039 with ECONorthwest (extend term to August 31, 2023). AGR 2021-039 (5) M. Amendment No. 2 to Agreement No. 13-038 with ASM Global (extend term to June 30, 2028). AGR 13-038 (2) n. Amendment No. 2 to Agreement No. 2020-237 with Group Delta ($69,000; revised not to exceed $172,895.00 and extend term to December 31, 2023) for additional sampling and reporting on the Westside Parkway Freeway Project. AGR 2020-237 (2) 4 3 2 5 Bakersfield, California, January 25, 2023 - Page 6 7. CONSENT CALENDAR continued o. Contract Change Order No. 1 to Agreement No. 21-306 with FIRS Mechanical Inc. ($51,738.72; revised not to exceed $1,648,463.72), for the Green Waste Facility Site Grading and Drainage Improvements Project. AGR 21-306 CCO I Bids: P. Accept bid and approve contract with GSE Construction Company, Inc. ($725,900), for Sewer Lift Station Electrical Modifications at Hosking & Akers and Bank & Oakdale. AGR 2023-027 q. Accept bid from Advantage Laundry Equipment in Bakersfield ($133,224.63) for 551b. capacity washer extractors for the Fire Department. Accept bid from BOfdefLAN, Inc. ($336,116.25), for Barracuda Backup Server Replacement for the Technology Services Department. Miscellaneous: None. Successor Agency Business: Amendment No. 1 to Agreement No. 2021-120 with the Housing Authority of the County of Kern and Cesar Chavez Foundation to extend and modify option term through April 30, 2023. AGR 2021-120 (1) Public Safety/Vital Services Measure: Resolution determining that Point Blank@O level IIIA body armor cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $67,400. RES 008.2023 U. Agreement with Citiguard Inc. (not to exceed $1, 100,000), to provide high - visibility private security services and presence, as directed by the Bakersfield Police Department, to the areas of the city most impacted by crime. ITEM REMOVED FOR SEPARATE CONSIDERATION. See page 7. V. Cooperative Agreement with Caltrans (not to exceed $675,000) for the installation of Hardscaping/Landscaping at the Hosking Avenue and State Route 99 Interchange. AGR 2023-029 4326 Bakersfield, California, January 25, 2023 - Page 7 7. CONSENT CALENDAR continued W. Amendment No. 2 to Design Consultant Agreement No. 2021-257 with MIG, Inc. ($229,110; revised not to exceed $1,124,760), for the expansion of the scope of work for the Recreation and Parks Department Master Plan Update to include MLK Park, Building, and Pool Conceptual plans. ITEM REMOVED FOR SEPARATE CONSIDERATION. See page 7. City Clerk Drimakis announced staff memorandums were received for item 7.g. indicating the agreement was approved by the Bakersfield City School District, item 7.f., staff requesting the item be removed from the agenda, and item 7.m., transmitting the signed agreement. Councilmember Gray requested item 7.u. and 7.w., be removed for separate consideration. Motion by Councilmember Weir to adopt Consent Calendar items 7.a. through 7.w., with the removal of item 71 and the removal of items 7.u. and 7.w. for separate consideration. Motion was approved with Councilmember Freeman absent. U. Agreement with Citiguard Inc. (not to exceed $1, 100,000), to provide high - visibility private security services and presence, as directed by the Bakersfield Police Department, to the areas of the city most impacted by crime. AGR 2023-028 Councilmember Gray made comments. City Manager Clegg made staff comments. Motion by Councilmember Gray to adopt Consent Calendar items 7.u. Motion was approved with Councilmember Freeman absent. W. Amendment No. 2 to Design Consultant Agreement No. 2021-257 with MIG, Inc. ($229,110; revised not to exceed $1,124,760), for the expansion of the scope of work for the Recreation and Parks Department Master Plan Update to include MLK Park, Building, and Pool Conceptual plans. AGR 2021-257 (2) Councilmembers Gray, Arias, Weir, and Smith made comments. City Manager Clegg made staff comments. Recreation and Parks Director Anthony made staff comments. Vice Mayor Gonzales and Councilmember Kaur made comments. Motion by Vice Mayor Gonzales to adopt Consent Calendar items 7.w. Motion was approved with Councilmember Gray voting No and Councilmember Freeman absent. A 3 2 7 Bakersfield, California, January 25, 2023 - Page 8 8. CONSENT CALENDAR PUBLIC HEARINGS (Staff recommends conducting Consent Calendar Public Hearing and approval of items.) a. Public Hearing pursuant to the Tax Equity and Fiscal Responsibility Act (TEFRA) to consider approval of the resolution and indemnity agreement for the issuance of Multifamily Housing Revenue Bonds in the amount not to exceed $25 million by the California Debt Limit Allocation Committee to the Housing Authority of the County of Kern for the purpose of financing the rehabilitation of low-income public housing known as the Adelante Vista Apartments, located at 1104 S Robinson Street within the City of Bakersfield, California: 1. Resolution approving the issuance of revenue bonds by the California Debt Limit Allocation Committee ("CDLAC") for the purpose of financing the renovation of 142 multi -family units consisting of 141 low- income affordable housing units and 1 manager unit at 1104 S Robinson Street, Bakersfield CA 93307 and certain other matters relating thereto. RES 009-2023 2. Indemnification Agreement between the City and the Housing Authority of the County of Kern. AGR 2023-030 b. Public Hearing to consider a Reimbursement Agreement ($784,292) with Loves Country Stores of California. AGR 2023-031 City Clerk Drimakis announced a staff memorandum was received for item 8.b., transmitting a signed agreement and correcting a scrivener's error. Consent Calendar Public Hearing items 8.a. and 8.b., opened at 6:01 p.m. No one spoke. Consent Calenda Public Hearing items 8.a. and 8.b., closed at 6:01 p.m. Motion by Councilmember Weir to adopt Consent Calendar Public Hearing items 8.a. and 8.b. Motion approved with Councilmember Freeman absent. 9. HEARINGS None. 10. REPORTS a. Recommendations for City Charter Review. (Staff recommends Council determination/direction). City Manager Clegg made staff comments and provided a PowerPoint J presentation. 4328 Bakersfield, California, January 25, 2023 - Page 9 10. REPORTS continued ITEM 10.a. continued Councilmember Smith made comments. Motion by Councilmember Weir to move forward with the analysis by Moss Adams. Motion was approved with Councilmember Freeman absent. 11. DEFERRED BUSINESS None. 12. NEW BUSINESS None. 13. COUNCIL AND MAYOR STATEMENTS Councilmember Smith requested staff prepare an analysis of the recommendations contained in the Blue Zones Bakersfield Report on natural movement and present If of a future Multi -modal Transportation Ad Hoc Committee meeting for discussion. Councilmember Gray mentioned the success of the National Prayer Breakfast, thanked former Councilmember Sullivan for the In God we Trust. Councilmember Kour expressed her appreciation to her mother for her support and made comments in support of Councilmember Smith's request. Vice Mayor Gonzales thanked City staff and volunteers who participated in the Point in Time Count, looking forward to the work ahead with the Housing and Homelessness Committee to accelerate our efforts regarding future housing. Vice Mayor Gonzales thanked City staff for attending the Old Town Community meeting. Vice Mayor Gonzales thanked Public Works department for their work on the traffic calming and feedback signs that were placed at Jefferson School and on 24'^ Street Looking forward to the Traffic calming handbook that will be coming to Council next month. Councilmember Gonzales requested staff analyze the eligible Council Reimbursable Expenses listed in Exhibit A of resolution 173.06(1) and update it to reflect modern best practices. 0 4329 Bakersfield, California, January 25, 2023 - Page 10 i E ! -IOPll!:I :A4M Vice Mayor Gonzales adjourned with a moment of silence for the victims of Monterey Park and Half Moon Bay atf�6:2..6nnp.m. f/fI� KAREN GOH MAYOR of the City of Bakersfield ATTEST:] JULIE IDRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield i i