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HomeMy WebLinkAbout04/12/23 CC MINUTESAZ7j 1 I 1 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. 1 4372 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 4374 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 4375 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. 4376 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) i 37 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. A 6 1 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. 4111142 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 1 Bakersfield, California, April 12, 2023 - Page 12 ***THIS PAGE INTENTIONALLY LEFT BLANK*** �l 1 1