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HomeMy WebLinkAbout03/22/23 CC MINUTES' C 9 F a U p IFO REGULAR MEETING - 3:30 PM 1. ROLL CALL C BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 22, 2023 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings-3:30 p.m. and 5:15 p.m. Present: Mayor Goh, Vice Mayor Gonzales, Councilmembers Arias (seated at 3:35 p.m.), Weir, Smith, Freeman, Gray and Kaur 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) for the following 4 matters: 1. Virnell Leota Evans v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-20-100753 2. North Kern Water Storage District v. City of Bakersfield Kern County Superior Court No. S-1 500-CV-27501 0 transferred to Ventura County Superior Court Case No. 56-2011-00408712-CUCO-VTA 2nd Appellate District Court Case No. B312766 Supreme Court of California Case No.S277654 3. In the matter of Kern River Applications of North Kern Water Storage District and City of Shaffer, et al. State Water Resources Control Board Application Nos. 31673 (City of Shatter), 31674 (City of Bakersfield), 31675 (Buena Vista Water Storage District), 31676 (Kern River bank Authority) and 31819 (Rosedale -Rio Bravo Water Storage District) 4. Bring Back the Kern Water Audit California, et al. v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-22-103220 Motion by Vice -Mayor Gonzales to adjourn to Closed Session at 3:33 p.m. Motion approved. The Closed Session meeting was adjourned at 5:01 p.m. Meeting reconvened at 5:01 p.m. 4 3 5 Bakersfield, California, March 22, 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) for the following 4 matters: 1. Virnell Leoto Evans v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-20-100753 By a unanimous vote, Staff was given diection. 2. North Kern Water Storage District v. City of Bakersfield Kern County Superior Court No. 5-1500-CV-275010 transferred to Ventura County Superior Court Case No. 56-2011-00408712-CUCO-VTA 2nd Appellate District Court Case No. B312766 Supreme Court of California Case No.S277654 3. In the matter of Kern River Applications of North Kern Water Storage District and City of Shaffer, et al. State Water Resources Control Board Application Nos. 31673 (City of Shaffer), 31674 (City of Bakersfield), 31675 (Buena Vista Water Storage District), 31676 (Kern River bank Authority) and 31819 (Rosedale -Rio Bravo Water Storage District) 4. Bring Back the Kern Water Audit California, et al. v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-22-103220 By a unanimous vote for items 2., 3., and 4. Stall was given direction. ' ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting at 5:01 p.m. 4360 Bakersfield, California, March 22, 2023 - Page 3 ' REGULAR MEETING - 5:15 PM 1. ROLL CALL Present: Mayor Goh, Vice Mayor Gonzales, Councilmembers Arias, Weir, Smith, Freeman, Gray, and Kaur 2. INVOCATION By Rabbi Jonathan Klein, Temple Beth El. 3. PLEDGE OF ALLEGIANCE By The Frontier High School Academic Decathlon Team. 4. PRESENTATIONS a. Proclamation to Jeffrey Gutierrez, President of DeWalt Corporation, declaring National Surveyors Week in Bakersfield during the week of March 22, 2023. b. Proclamation to Noor Qwfan, Board Member of the American Red Cross Kem County & Eastern Siena Board of Directors, declaring American Red Cross Month in Bakersfield during March 2023. 5. PUBLIC STATEMENTS a. Agenda Item Public Statements Dennis Fox spoke regarding item 7.aa. b. Non -Agenda Item Public Statements 1. Ray Scott spoke regarding his book signing on April 8, 2023, Mechanics Bank Arena. (written material provided). 2. David Milazzo spoke regarding an invitation to the Bakersfield Marathon, March 26, 2023. Vice Mayor Gonzales expressed his appreciation to Mr. Milazzo and requested staff include ways to support and sponsor the Bakersfield Marathon in the next fiscal year and beyond. 3. Mario Morales, Rosa Barrero, Juan Salazar, Brett Brough, Marcos Austin, Anthony Rodriguez, spoke regarding the City Labor Agreements. Councilmember Arias made comments regarding the City Labor Agreements. 4. Rosendo Soberanis and Maria Aceves spoke regarding unlawful practices with the Kern County District attorney and Superior Court. 5. Ernie Lozano spoke regarding pilot program preventing dumpster diving for businesses and apartment complexes. Bakersfield, California, March 22, 2023- Page 4 6. APPOINTMENTS a. One appointment to the San Joaquin Valley Air Pollution Control District ' Governing Board. (Staff recommends Council determination and adoption of the nomination resolution.) RES 037-2023 City Clerk Drimakis announced two nominations were received from the following individuals: Mayor Cory Morse, City of Maricopa and Councilmember Gilberto Reyna, City of Wasco. The Council voted by ballot to appoint to the San Joaquin Valley Air Pollution Control District Governing Board. The following individuals appeared on the ballot: Mayor Cory Morse, City of Maricopa and Councilmember Gilberto Reyna, City of Wasco. Ward 1 Reyna Ward 2 Reyna Ward 3 Morse Ward 4 Reyna Ward 5 Morse Ward 6 Morse Ward 7 Reyna Mayor Cory Morse received 3 votes; Gilberto Reyna received 4 votes. ' City Clerk Drimakis announced Councilmember Gilberto Reyna, City of Wasco received the most votes. Motion by Vice Mayor to nominate Gilberto Reyna to the San Joaquin Valley Air Pollution Control District Governing Board. Motion unanimously approved. b. One (at -large) appointment to the Historic Preservation Commission to a term to expire March 30, 2026, due to the term expiration of Michael McCoy. (Stoll recommends Council determination.) City Clerk Drimakis announced applications were received by Michael McCoy, Scott Jones, Sara Trask, and James Bunting. The Council voted by ballot to appoint one (at -large) member to the Historic Preservation Commission. The following individuals appeared on the ballot: Michael McCoy, Scott Jones, Sara Trask, and James Bunting. Ward 1 McCoy Ward 2 McCoy Ward 3 McCoy Ward 4 McCoy Ward 5 Jones Ward 6 Bunting ' Ward 7 McCoy Scott Jones received 1 vote, Michael McCoy received 5 votes, Sara Trask received 0 votes and James Bunting received I vote. 4362 Bakersfield, California, March 22, 2023- Page 5 6. APPOINTMENTS continued ' Item 6.b. continued City Clerk Drimakis announced Michael McCoy received the most votes. Motion by Vice Mayor to appoint Michael McCoy as (at -large) member to the Historic Preservation Commission (term to expire March 30, 2026). Motion unanimously approved. CONSENT CALENDAR (Staff recommends adoption of Consent Calendar items.) Minutes: a. Approval of minutes of the March 8, 2023, Special and Regular City Council Meetings. Payments: b. Receive and file department payments from February 24, 2023, to March 9, 2023, in the amount of $28,054,014.16 and Self Insurance payments from February 24, 2023, to March 9, 2023, in the amount of $847,535.38, totaling $28,901,549.54. Ordinances: None. Resolutions: C. Resolution approving continued use of the Maintstar software and authorizing payment of the annual support fees for continued use, not to exceed $44,159.38. RES 033-2023 d. Resolution approving continued use of Fxecutime Cloud Advanced Scheduling Software and authorizing payment of annual access fees for continued use by the Bakersfield Police Department, not to exceed $45,349. RES 034-2023 e. Board of State and Community Corrections )BSCC) for Officer Wellness and Mental Health Grant Program: Resolution to accept grant in the amount of $305,405.96 RES 035-2023 2. Appropriate $305,405.96 to the Police Operating Budget within the ' General Fund. f. 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 $130,000. RES 036-2023 Bakersfield, California, March 22, 2023- Page 6 CONSENT CALENDAR continued g. Resolutions 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: ROI No. 2165 adding Area 1-135 (Tentative Parcel Map 12347) - Ward 4 ROI 2165 2. ROI No. 2166 adding Area 2-86 (LLA 22-0369) - Ward 5 ROI 2166 3. ROI No. 2167 adding Area 5-121 (7100 South H Street) - Ward 7 ROI 2167 h. Resolution of Intention No. 2168 adding territory, Area 4-275 (4198 Union Avenue), Ward 3, to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. ROI 2168 Agreements: Entrepreneurship Ecosystem Technical Assistance and Grant Program: , REMOVED FOR SEPARATE CONSIDERATION. PLEASE SEE PAGE 70. Agreement with CSU Bakersfield Small Business Development Center and Division of Extended Education and Global Outreach ($94,411) for start-up and small business technical assistance. 2. Agreement with Kern Community College District ($350,439) for start-up and small business technical assistance, subject to approval by KCCD Board. 3. Agreement with Kern County Black Chamber of Commerce ($55,150) for start-up and small business technical assistance. Agreement with eScribe Software LTD., ($190,000) for meeting and agenda automation services and support. AGR 2023-068 k. Agreement with SC Communications ($66,481.44) for the repair of portable Public Safety radios. AGR 2023-069 Final Map, Improvement Agreement, and Landscape Improvement ' Agreement with Summit Capital Ventures, Inc., and John Balfan2 Homes, Inc. (Developers), for Tract Map 6712, Phase 2, located South of Union Avenue and East of East Panama Lane. AGR 2023-070, AGR 2023-071 A364_:. Bakersfield, Califomia, March 22, 2023 - Page 7 7. CONSENT CALENDAR continued ' M. Design Consultant Agreement with Ruettgers & Schuler Civil Engineers (not to exceed $56,000) for the Panama Lane At -Grade Rail Crossing Widening Project. AGR 2023-072 n. Friendship House Community Center Sports Field Repair Project. Agreement between the City of Bakersfield and Community Action Partnership of Kern (CAPK) to distribute $1,000,000 of grant funds from the State of California to the Friendship House Community Center Sports Field Repair Project. AGR 2023-073 2. Appropriate $1,000,000 State of California Natural Resources Agency Department of Parks and Recreation Grant funds to the General Fund Economic and Community Development Operating Budget. o. Agreement with The National Institute for Criminal Justice Reform (NICJR) not to exceed $130,000 to conduct a client needs assessment, a cost of violence analysis and Cognitive Behavior Therapy for the City's California Violence Intervention Prevention program (CALVIP) clients. ' AGR 2023-074 P. Amendment No. 2 to Agreement No. 2020-171 with Kern Medical adding the use of a recuperative care dorm at the Brundage Lane Navigation Center. AGR 2020.171 (2) q. Remodel and upgrade of the Homeless Intervention Services (HIS) Day Center: Amendment No. 1 to Agreement No. 2022-187 with the Mission at Kern County (increase compensation $250,000, revised not to exceed $1,050,000) to complete the remodel and upgrade of the HIS Day Center. AGR 2022-187 (1) 2. Appropriate and transfer $1,050,000 General Fund balance to the General Fund Economic and Community Development Operating Budget. r. Amendment No. 1 to Agreement No. CM 22-010 with Indigo/Hammond & Playle Architects, LLP (expanding scope to include On -Call Design Services; increasing compensation $100,000, revised not -to -exceed $139,900; extending ' term until June 30, 2026), for the Animal Care Center Expansion Project. AGR 2023-075 ,zy5 Bakersfield, California, March 22, 2023 - Page 8 CONSENT CALENDAR continued S. Approve Amendment No. I to Agreement No. PW 21-117 with Kern County ' Water Agency (KCWA) to extend time for City to pay invoices submitted by KCWA for actual costs incurred for construction management and administrative services of the Class 1 Multi -use Bridge and Path connecting Stockdale Ranch to the Kern River bike path. AGR 2023-076 t. Amendment No. 2 to Agreement No. 2021-216 with Contact Security, Inc. (increasing compensation $10,974; revised not to exceed $222,960.48), to provide security services at the Bakersfield Amtrak Station. AGR 2021-216 (2) U. Amendment No. 5 to Agreement No. 2020-058 with Olaguez Transport (to extend the term by one year) to continue the supply of wood chip hauling and other material. AGR 2020-058 (5) V. Amendment No. 3 to Agreement No. 2020-059 with K & I Services, Inc. (to extend the term by one year), to continue the supply of wood chip hauling and other material. AGR 2020-059 (3) ' W. Amendment No. 1 to Agreement No. 2022-057 with Cornerstone Communications and Public Relations, Inc. ($60,000; revised not to exceed $120,000 and extend the term to April 6, 2024), to continue communications services. AGR 2022.057 (1) X. Amendment No. 1 to Agreement No. 2022-059 with Core & Main (to extend the term by one year), to continue the supply of fire hydrants and hydrant parts. AGR 2022.059 (1) Y. Amendment No. 1 to Agreement No. 2022-060 with Ferguson Enterprises Inc. (to extend the term by one year), to continue the supply of fire hydrants and hydrant parts. AGR 2022-060 (1) Contract Change Order No. 5 to Agreement No. 2021-237 with JTS Construction Inc. (increasing compensation $62,485.66; revised not to exceed $12,652,346.39), for the Kaiser Permanente Sports Village, Phase IV Project. AGR 2021-237 CCO 5 1 4366 Bakersfield, California, March 22, 2023 - Page 9 7. CONSENT CALENDAR continued ' Bids: aa. Purchase of a Graffiti Van for General Services: Accept bid from Jim Burke Ford, Bakersfield ($193,362.99) for a graffiti van. 2. Appropriate $23,400 Equipment Management Fund balance to the Public Works Department's Operating Budget to complete the purchase of the van. ab. Accept bid and approve contract to California Water Technologies, LLC ($189,795.81), for the annual contract to supply ferric chloride. AGR 2023-077 ac. Purchase of four four -door Police Interceptor Utility Vehicles: Increase cost to Jim Burke Ford, Bakersfield ($59,009.24) for four four - door Police Interceptor Utility Vehicles. 2. Appropriate $59,100 Equipment Management Fund balance to the Public Works Department's Operating Budget to fund the cost increase. ' Miscellaneous: ad. Appropriate $141,028 inspection fee revenue to the Public Works Department operating budget within the Development Services Fund for inspection of fiber optic cable installation by Verizon/MCI. ae. Appropriate $650,000 Transportation Development Fund Balance (TDF) to the Public Works Department Capital Improvement Program Budget within the TDF TRIP fund for the Centennial Corridor Eastbound 58 to Northbound 99 Connector Project. at. Appropriate $310,000 received from the 15th District Agricultural Association dba Kern County Fair to the Police Operating budget within the General Fund for reimbursement of security services provided for the 2022 Kern County Fair. ag. Appropriate $702,623.04 in fund balance to the Water Resources Operational Budget account within the Domestic Enterprise Fund to pay post -judgment and interest costs due to 2020 litigation North Kern Water Storage District versus City of Bakersfield. ah. Requesting authorization to mail Proposition 218 notices to ratepayers, informing them of proposed changes to Domestic Water Quantity Rates and ' Monthly Readiness -to -Serve Rates for Fiscal Year 2023/2024 - 2027/2028. REMOVED FOR SEPARATE CONSIDERATION. PLEASE SEE PAGE 10. Successor Agency Business: None. 4367 Bakersfield, California, March 22, 2023 - Page 10 7. CONSENT CALENDAR continued Public Safety/Vital Services Measure: None. City Clerk Drimakis announced a staff memorandum was received for item 7.j., correcting a scrivener's error. Councilmember Gray requested item 7.i., be removed for separate consideration. Councilmember Freeman requested item 7.ah., be removed for separate consideration. Motion by Vice Mayor Gonzales to adopt Consent Calendar items 7.a. through 7.ah., with the removal of items 71 and 7.ah for separate consideration. Motion unanimously approved. Entrepreneurship Ecosystem Technical Assistance and Grant Program: 1. Agreement with CSU Bakersfield Small Business Development Center and Division of Extended Education and Global Outreach ($94,411) for start-up and small business technical assistance. AGR 2023-065 2. Agreement with Kern Community College District ($350,439) for start-up ' and small business technical assistance, subject to approval by KCCD Board. AGR 2023.066 3. Agreement with Kern County Black Chamber of Commerce ($55,150) for start-up and small business technical assistance. AGR 2023-067 Motion by Vice Mayor Gonzales to adopt Consent Calendar item 71 Motion unanimously approved. an. Requesting authorization to mail Proposition 218 notices to ratepayers, informing them of proposed changes to Domestic Water Quantity Rates and Monthly Readiness -to -Serve Rates for Fiscal Year 2023/2024 - 2027/2028. Assistant City Manager Hollen made staff comments and provided PowerPoint presentation. Motion by Vice Mayor Gonzales to adopt Consent Calendar item 7.ah. Motion approved with Councilmember Freeman voting no. 8. CONSENT CALENDAR PUBLIC HEARINGS None. 4368 Bakersfield, California, March 22, 2023 - Page 11 9. HEARINGS ' a. Public Hearing to consider Action Plan Amendment No. 5 to U.S. Department of Housing and Urban Development (HUD) Action Plan - Fiscal Year (FY( 2021-22 for the HOME Investment Partnership American Rescue Plan Program Allocation Plan (HOME -ARP - $5,458,039). (Staff recommends approval of the FY 2021-22 Action Plan Amendment No. S, and authorization to the City Manager to execute all documents required to submit the Allocation Plan to HUD.) City Clerk Ddmakis announced a staff memorandum was received transmitting correspondence regarding this item. Economic Community Development Director Saldafia made staff comments. Hearing item 9.a. opened at 6:50 p.m. No one spoke in opposition. No one spoke in support. Hearing item 9.a. closed at 6:50 p.m. Motion by Vice Mayor Gonzales to adopt sfaff's recommendations. Motion unanimously approved. ' 10. REPORTS a. 2045 General Plan Update. (Staff recommends receive and file.) Development Services Director Boyle provided staff comments and a PowerPoint Presentation was given by Della Acosta, Rincon Consultants. Motion by Vice Mayor Gonzales to receive and file. Motion unanimously approved. 11. DEFERRED BUSINESS None. 12. NEW BUSINESS None. 13. COUNCIL AND MAYOR STATEMENTS Councilmember Smith expressed his appreciation to the Water Department regarding protection of our Water and keeping the community safe. Councilmember Gray expressed her appreciation regarding the positive letter from a ' constituent for the Park Ranger Program. Vice Mayor Gonzales provided correspondence regarding a Vacant Property Registration Ordinance. Bakersfield, California, March 22, 2023 - Page 12 4369 14. ADJOURNMENT Mayor Goh adjourned at 8:00 p.m. ' KAREN GOH MAYOR of the City of Bakersfield ATTEST: n JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield