HomeMy WebLinkAbout04/12/23 CC MINUTESAZ7j
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 12, 2023
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings -3:30 p.m. and 5:15 p.m.
REGULAR MEETING - 3:30 PM
1. ROLL CALL
Present: Mayor Goh, Vice Mayor Gonzales, Councilmembers Arias, Weir (seated
at 3:35 p.m.), Smith, Freeman, and Kaur
Absent: Councilmember 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) regarding the following 3 matters:
l . North Kern Water Storage District v. City of Bakersfield Kern County
Superior Court No. S-1500-CV-275010, transferred to Ventura County
Superior Court Case No. 56-201 1-00408712-CU-CO-VTA, 2nd Appellate
District Court Case No. B312766, Supreme Court of California Case
No. S277654.
2. In the matter of Kern River Applications of North Kern Water Storage
District and City of Shafter, et al., State Water Resources Control Board
Application Nos. 31673 (City of Shafter), 31674 (City of Bakersfield),
31675 (Buena Vista Water Storage District,31676 (Kern Water Bank
Authority) and 31819 (Rosedale -Rio Bravo Water Storage District).
3. Bring Back the Kern Water Audit California, et al. v. City of Bakersfield,
et al., Kern County Superior Court Case No. BCV-22-103220.
b. Conference with Legal Counsel — Initiation of Litigation; Closed Session
pursuant to Government Code section 54956.9(d)(4) (1 potential case).
C. Conference with Labor Negotiator pursuant to Government Code section
54957.6.
City Clerk Drimakis announced a staff memorandum was received for item 4.a.,
requesting the item be removed from the agenda.
Bakersfield, California, April 12, 2023 - Page 2
3. CLOSED SESSION continued
Motion by Vice -Mayor Gonzales to adjourn to Closed Session at 3:33 p.m. Motion
approved with Councilmember Gray absent.
The Closed Session meeting was adjourned at 4:57 p.m.
Meeting reconvened at 5:01 p.m.
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 3 matters:
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. 56-201 1-00408712-CU-CO-VTA, 2nd Appellate
District Court Case No. B312766, Supreme Court of California Case
No. S277654.
REMOVED BY STAFF
2. In the matter of Kern River Applications of North Kern Water Storage
District and City of Shafter, et al., State Water Resources Control Board
Application Nos. 31673 (City of Shafter), 31674 (City of Bakersfield),
31675 (Buena Vista Water Storage District,31676 (Kern Water Bank
Authority) and 31819 (Rosedale -Rio Bravo Water Storage District).
REMOVED BY STAFF
3. Bring Back the Kern Water Audit California, et al. v. City of Bakersfield,
et al., Kern County Superior Court Case No. BCV-22-103220.
REMOVED BY STAFF
b. Conference with Legal Counsel — Initiation of Litigation; Closed Session
pursuant to Government Code section 54956.9(d)(4) (1 potential case).
The City Attorney was given direction by a vote of 5-0, with Councilmember Gray
absent.
C. Conference with Labor Negotiator pursuant to Government Code section
54957.6.
Staff was given direction by a vote of 5-0, with Councilmember Gray absent.
5. ADJOURNMENT
Mayor Goh adjourned the 3:30 p.m. meeting at 5:02 p.m.
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Bakersfield, California, April 12, 2023 - Page 3
REGULAR MEETING -
5:15 PM
1. ROLL CALL
Present:
Mayor Goh, Vice Mayor Gonzales, Councilmembers Arias, Weir, Smith,
Freeman, and Kaur
Absent:
Councilmember Gray
2. INVOCATION
By Pastor Mike Sutherland, Mill Creek Christian Church.
3. PLEDGE OF ALLEGIANCE
By Miguel Estrada, Junior at Frontier High School.
4. PRESENTATIONS
a. Proclamation to Jessica Banuelos, Donation Development Coordinator of
OneLegacy, declaring DMV/ Donate Life Month in Bakersfield during April
2023.
b. Presentation to Kim Berrigan, Purchasing Officer for the Finance Department
of the City of Bakersfield, for 46 years of resolute service.
C. Proclamation to David Madding, of the Open Door Network, declaring Sexual
Assault Awareness Month in Bakersfield during April 2023.
5. PUBLIC STATEMENTS
a. Agenda Item Public Statements
Sandra Plascencia, Leadership Counsel spoke regarding item 7.r.
Vice Mayor Gonzales requested staff provide Public Speaker Ms. Plascencia
with a copy of the Traffic Calming Took Kit, He also requested staff reach out to
Leadership Bakersfield and other CBOs to engage in the development of the
ATP plan.
Daisy Vega, Greenfield Walking Group, spoke regarding item 7.r.
Natalie Tarango, Golden Valley High School Student, Youth Commissioner,
Ward 1, spoke regarding item 7.r.
Raquel Robledo, Bakersfield High School Student, spoke regarding item 7.r.
Alondra Villanueva spoke regarding item 7.r.
Nicholas Esquivel spoke regarding item 7.r.
Gema Perez spoke regarding item 7.r. and introduced the Greenfield Walking
Group.
Councilmember Arias requested the Multi -modal Transportation Ad Hoc
Committee discuss the utilization of funding for Safe Routes to school Project.
Bakersfield, California, April 12, 2023 - Page 4
5. PUBLIC STATEMENTS continued
Councilmember Freeman requested staff reach out to the local school districts
to coordinate and implement (if possible) a policy to establish a safe walking
plan as part of their process when constructing new schools to identify walking
paths, crosswalks, nearby/missing sidewalks to prevent unsafe conditions
when surrounding portions of land are not developed.
b. Non -Agenda Item Public Statements
1. Ryan Nance, Carpenter's Union 743, spoke regarding construction tax
fraud.
2. Josh Taylor, Carpenter's Union 743, spoke regarding construction tax fraud.
3. Andy Ceballos, regarding road safety on Stockdale Highway.
4. William Bailey spoke regarding the City Labor Agreement.
6. APPOINTMENTS
None.
7. CONSENT CALENDAR
(Staff recommends adoption of Consent Calendar items.)
Minutes:
a. Approval of minutes of the March 22, 2023, Regular City Council Meetings.
Payments:
b. Receive and file department payments from March 10, 2023, to
March 30, 2023, in the amount of $26,756,531.49 and Self Insurance payments
from March 10, 2023, to March 30, 2023, in the amount of $556,923.57, totaling
$27,313,455.06.
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 038-2023
d. Resolution approving Participation in 2022 National Opioid Settlement
Agreements and authorizing the City Manager or Designee to execute
related Participation Agreements.
RES 039-2023
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Bakersfield, California, April 12, 2023 - Page 5
7. CONSENT CALENDAR continued
e. Resolution determining that pumps required for raw sewage pumping at
Wastewater Treatment Plant No. 3 cannot be reasonably obtained through
the usual bidding procedures and authorizing the Finance Director to
dispense with bidding therefor, not to exceed $305,000.
RES O40-2023
Resolution determining that Sulfa Treat, an absorbent media for removing
hydrogen sulfide (H2S) from digester gas, cannot be reasonably obtained
through the usual bidding procedures, and authorizing the Finance Director to
dispense with bidding thereof, not to exceed $150,000.
RES O41-2023
g. Resolution determining that a diesel -powered dump truck can most efficiently
be obtained through cooperative procurement bidding procedures from PB
Loader Corporation and authorizing the Finance Director to dispense with
bidding thereof, not to exceed $159,000.
RES O42-2023
h. Resolution determining that high side (brush body) dump trucks can most
efficiently be obtained through cooperative procurement bidding procedures
from PB Loader Corporation and authorizing the Finance Director to dispense
with bidding thereof, not to exceed $530,900.
RES O43-2023
Building security installation, maintenance, repair, and monitoring:
Resolution determining that installation, maintenance, repair and
monitoring of supervised burglary alarm systems, fire alarms systems,
access control systems, electronic door and gate hardware, and
intercom systems cannot be reasonably obtained through the usual
bidding procedures due to integration with an existing system and
authorizing the Finance Director to dispense with bidding thereof, not
to exceed $120,000.
RES O44-2023
2. Agreement with Tel-Tec Systems, Inc. for installing, repairing, and
maintaining burglar alarms, fire alarms, access control, electronic door
and gate hardware, and intercom systems on an as -needed basis, not
to exceed $120,000.
AGR 2023-078
j. Resolutions to add the following areas to the Consolidated Maintenance
District and approving, confirming, and adopting the Public Works Director's
Report for each:
Area 1-135 (Tentative Parcel Map 12347) - Ward 4
RES O45-2023
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Bakersfield, California, April 12, 2023 - Page 6
7.
CONSENT CALENDAR continued
ITEM 7.j. continued
2. Area 2-86 (LLA 22-0369) - Ward 5
RES O46-2023
3. Area 5-121 (7100 South H Street) - Ward 7
RES O47-2023
k. Amendment No. 2 to Resolution No. 173-06 to update written policy for
reimbursement of certain legislative expenditures.
RES 173-06 (2)
Amendment No. 34 to Resolution to No. 44-93 setting salaries and related
benefits for the Temporary Unit.
RES 44-93(34)
Agreements:
M. Agreement with 825 E. White Lane, LLC, a California limited liability company
and Braly Properties (White Lane), LLC for a Long -Term Ground Lease
Agreement at the Bakersfield Municipal Airport.
AGR 2023-079
n. Employee Settlement Agreement
REMOVED FOR SEPARATE CONSIDERATION. SEE PAGE 9.
o. Final Map, Improvement Agreement, and Landscape Agreement with
HomeBuild, LLC (Developer) for Tract 6585 located on the southwest corner of
east Berkshire Road and Madison Street.
AGR 2023-081, AGR 2023-082
P. Final Map and Improvement Agreement with Deertrail Abbey Court 1, LLC,
(Developer) for Tract 6892, Phase 3 located south of Redbank Road, and east
of south Fairfax Road.
AGR 2023-083
q. Final Map, Improvement Agreement, and Landscape Agreement with Auburn
Oak Developer, LLC (Developer) for Tract 7325, Unit 2 located on the south
side of Panorama Drive and east of Fairfax Road.
REMOVED FOR SEPARATE CONSIDERATION. SEE PAGE 9.
r. Design Consultant Agreement with Kimley-Horn and Associates, Inc. (not to
exceed $498,950), for the development of the Active Transportation Plan.
REMOVED FOR SEPARATE CONSIDERATION. SEE PAGE 9.
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Bakersfield, California, April 12, 2023 - Page 7
7. CONSENT CALENDAR continued
S. Agreement with California Veterans Assistance Foundation ($356,037.50) for
Permanent Supportive Housing Case Management in State Homeless Housing,
and Assistance, Prevention Services Round 2 (HHAP-2).
AGR 2023-087
t. Agreement with Habitat for Humanity for $97,453 Community Development
Block Grant (CDBG) funds, to provide handicap accessibility improvement
services to qualified low-income residents in privately owned structures.
AGR 2023-088
U. Amendment No. 2 to Agreement No. 2020-175, with The Open Door Network,
Homeless Housing Assistance and Prevention (HHAP-1) (revised to extend term
to April 30, 2025) for Shelter Operations.
AGR 2020-175 (2)
V. Amendment No. 1 to Agreement No. 2021-012, with The Mission at Kern
County, Homeless Housing Assistance and Prevention (HHAP-1) (revised to
extend term to April 30, 2025) for shelter operations.
AGR 2021-012 (1)
W. Amendment No. 2 to Agreement No. 2021-187 with Community Action
Partnership of Kern (CAPK) to add $632,190.86 of Community Development
Block Grant Coronavirus CARES (CDBG-CV) funds to the food bank expansion
project.
AGR 2021-187 (2)
X. Amendment No. 1 to Agreement No. 2022-053 with Kern Community
Foundation to add an additional position and provide advance payment to
administer the youth jobs program.
REMOVED FOR SEPARATE CONSIDERATION. SEE PAGE 10.
Y. Tree Trimming and Bulky Item Removal Services:
Amendment No. 1 to Agreement No. 2022-196 with EMTS, Inc.
(increasing compensation by $70,000; revised not to exceed $220,000),
for tree trimming and bulky item removal services.
AGR 2022-196 (1)
2. Amendment No. 1 to Agreement No. 2022-197 with Stars and Stripes
Tree Care (increasing compensation by $100,000; revised not to
exceed $250,000) for tree trimming and bulky item removal services.
AGR 2022-197 (1)
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Bakersfield, California, April 12, 2023 - Page 8
7. CONSENT CALENDAR continued
Z. On -Call construction services for the Water Resources Department of its
domestic water system for Fiscal Year 2022-2023:
1. Amendment No. 2 to Agreement No. 2021-163 with Unified Field
Services Corporation, ($500,000; revised not to exceed $3,000,000) for
on -call Construction Services.
AGR 2021-163 (2)
2. Appropriate $500,000 of the Domestic Water Fund balance to the
Water Resource department's operating budget.
Bids:
aa. Accept bid and approve contract to Mesa Energy Systems, Inc., Bakersfield
($48,737) for boiler replacement at City Hall Annex.
AGR 2023-089
ab. Senate Bill 1 Pavement Rehabilitation: Stockdale Highway from Renfro Road to
Allen Road:
1. Accept bid and approve contract with Griffith Company ($3,074,735)
for project.
AGR 2023-090
2. Authorize staff to approve, as necessary, up to $150,000 in City -
controlled contingency for unforeseen conditions encountered during
construction of project.
ac. Traffic Signal and Lighting System Installation at the Intersection of Young
Street and Harris Road:
Accept bid and approve contract with Loop Electric Inc. ($445,292.75),
for the project.
AGR 2023-091
2. Appropriate $150,000 Utility Surcharge Fund balance to the Public
Works Department's Capital Improvement Program Budget within the
Utility Surcharge Fund for the project.
3. Authorize staff to approve, as necessary, up to $25,000 in City -
controlled contingency for unforeseen conditions encountered during
the construction for the project.
Miscellaneous:
ad. Appropriate $126,000 from the State of California Office of Traffic Safety,
Selective Traffic Enforcement Program (STEP) Grant funds to the Police
Operating Budget for the purchase of two Harley Davidson Motorcycles and
a DUI trailer.
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Bakersfield, California, April 12, 2023 - Page 9
7. CONSENT CALENDAR continued
ae. Appropriate $16,100 Cal Water Firefighter Grant Program Revenue to the Fire
Department Operating budget within the General Fund for the purchase of
battery powered ventilation fans.
af. Appropriate $168,073.09 of the Domestic Water Fund balance to the
Water Resources department operational budget to pay recoverable costs
and attorneys' fees due to 2020 litigation North Kern Water Storage District
versus City of Bakersfield.
Successor Agency Business:
None.
Public Safety/Vital Services Measure:
ag. Amendment No. 1 to Agreement No. 2022-256 with Darktrace Holdings
Limited ($429,624; revised not to exceed $465,076.40) to increase
compensation to include applicable taxes.
AGR 2022-256 (1)
Councilmember Weir requested item 7.n., 7.q., 7.r., and 7.x., be removed for
separate consideration.
Motion by Vice Mayor Gonzales to adopt Consent Calendar items 7.a. through
7.ag., with the removal of items 7.n., 7.q, 7.r., and 7.x., for separate consideration.
Motion was approved with Councilmember Gray absent.
Employee Settlement Agreement
AGR 2023-080
Motion by Councilmember Weir to adopt Consent Calendar item 7.n. Motion was
approved with Councilmember Gray absent.
q. Final Map, Improvement Agreement, and Landscape Agreement with Auburn
Oak Developer, LLC (Developer) for Tract 7325, Unit 2 located on the south
side of Panorama Drive and east of Fairfax Road.
AGR 2023-084, AGR 2023-085
Motion by Councilmember Weir to adopt Consent Calendar item 7.q. Motion was
approved with Councilmember Gray absent.
Design Consultant Agreement with Kimley-Horn and Associates, Inc. (not to
exceed $498,950), for the development of the Active Transportation Plan.
AGR 2023-086
Councilmember Weir requested staff review the conditions of the streets in
Ward 3, particularly: Mt. Vernon, Columbus, and Haley followed by a meeting
with him for an update.
Motion by Councilmember Weir to adopt Consent Calendar item 7.r. Motion was
approved with Councilmember Gray absent.
Bakersfield, California, April 12, 2023 - Page 10
7. CONSENT CALENDAR continued
X. Amendment No. 1 to Agreement No. 2022-053 with Kern Community
Foundation to add an additional position and provide advance payment to
administer the youth jobs program.
AGR 2022-053 (1)
Motion by Councilmember Weir to adopt Consent Calendar item 7.x. Motion was
approved with Councilmember Gray absent.
8. CONSENT CALENDAR PUBLIC HEARINGS
None.
9. HEARINGS
None.
10. REPORTS
a. Fiscal Year 2023-24 Public Safety and Vital Services (PSVS) Measure Proposed
Budget Preview.
(Staff recommends no action at this time and for the City Council to receive and file this report.)
City Clerk Drimakis announced a staff memorandum was received for item
10.a., correcting a scrivener's error.
City Manager Clegg made staff comments and provided a PowerPoint
presentation.
Vice Mayor Gonzales requested the Public Safety Vital Services Ordinance be
sent to all Councilmembers and Oversight Committee members.
Motion by Vice Mayor Gonzales to receive and file. Motion was approved with
Councilmember Gray absent.
Mayor Goh recessed the meeting at 7:19 p.m., Councilmember Weir left the Dias
and did not return. The meeting was reconvened at 7:30 p.m.
b. Innovative and Efficient Government.
(Staff recommends the City Council receive and file the presentation.)
City Manager Clegg made staff comments and provided a PowerPoint
presentation.
Motion by Vice Mayor Gonzales to receive and file. Motion was approved with
Councilmembers Weir and Gray absent.
11. DEFERRED BUSINESS
None.
12. NEW BUSINESS
None.
Bakersfield, California, April 12, 2023 - Page 11
13. COUNCIL AND MAYOR STATEMENTS
Councilmember Smith made comments regarding the Spin Bike Share Program.
Councilmember Smith requested the City Hall South first floor hallways be cleaned up
and made presentable for visitors.
Councilmember Kaur expressed her appreciation to the Recreation and Parks
department regarding the Park Ranger Program.
Councilmember Kaur made comments honoring the celebrations of Easter, Passover,
Ramadan, Baisakhi, and other Faith traditions.
14. ADJOURNMENT
Mayor Goh adjourned at 7:5 p.m.
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KAREN GOH
MAYOR of the City of Bakersfield
ATTEST:
JULIE D MAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
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