HomeMy WebLinkAbout09/27/23 CC MINUTES4 49 8
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 27, 2023
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting s - 3:30 p.m. and 5:15 p.m.
REGULAR MEETING - 3:35 PM
1. ROLL CALL
Present: Mayor Goh, Vice Mayor Gonzales, Councilmembers, Weir, Smith, Gray
Absent: Councilmembers Arias, Freeman, 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) regarding Martinez Steel
Corporation v. Security Paving Company Inc.; The City of Bakersfield, et al.
Kern County Superior Court Case No. BCV-23-102922 (one matter)
b. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant
to Government Code Section 54956.9(d) (2) (e) (1) (one matter)
C. Conference with Legal Counsel — Initiation of Litigation; Closed Session
pursuant to Government Code Section 54956.9(d) (4) (one matter).
Motion by Vice Mayor to adjourn to Closed Session at 3:38 p.m.
The Closed Session meeting was adjourned at 5:04 p.m.
Meeting reconvened at 5:05 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 Martinez Steel
Corporation v. Security Paving Company Inc.; The City of Bakersfield, et al.
Kern County Superior Court Case No. BCV-23-102922 (one matter)
No Reportable Action.
b. Conference with Legal Counsel — Potential Litigation; Closed Session
pursuant to Government Code Section 54956.9(d) (2) (e) (1) (one matter)
No Reportable Action.
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4. CLOSED SESSION ACTION continued
C. Conference with Legal Counsel — Initiation of Litigation; Closed Session
pursuant to Government Code Section 54956.9(d) (4) (one matter)
By a vote of 4-0, City Attorney was given direction with Councilmembers, Arias,
Freeman, and Kaur absent.
5. ADJOURNMENT
Mayor Goh adjourned the 3:30 p.m. meeting at 5:06 p.m.
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Bakersfield, California, September 27, 2023 - Page 3
45QQ
REGULAR MEETING - 5:17 PM
2.
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4.
ROLL CALL
Present: Mayor Goh, Vice Mayor Gonzales, Councilmembers Arias (seated at
5:19 p.m.), Weir, Smith, Gray, and Kaur
Absent: Councilmember Freeman
INVOCATION
By Pastor Andrew Spradlin, Co -Senior Pastor of Valley Baptist - Fruitvale.
PLEDGE OF ALLEGIANCE
By Tanvi Thallapalle, Sophomore at Stockdale High School, Ward 5 Youth
Commissioner.
PRESENTATIONS
a. Proclamation to Jennifer Henry, Executive Director of Links for Life, declaring
Paint the Town Pink Month in Bakersfield during October 2023.
Mayor Goh read a Proclamation regarding National Hispanic Heritage Month
in Bakersfield, September 15, 2023, through October 15, 2023.
PUBLIC STATEMENTS
a. Agenda Item Public Statements
1. Ricardo Ybarra and Cathy Butler spoke Kegarding item 7.e.
2. Lori Pesante spoke regarding item 7.d.
b. Non -Agenda Item Public Statements
Zac Griffin spoke regarding road safety at the intersection of Panorama
and Monte Vista.
Councilmember Arias requested staff speak with Mr. Griffin to learn more
about the cyclist challenges caused by Monte Vista and Panorama Drive
Improvement Project and provide a presentation to the Ad Hoc Multimodal
Transportation Committee on the issues.
2. Kelly James spoke regarding misuse of funds for Inmate Legal Assistance
Program (written material provided).
Vice Mayor Gonzales requested staff from the City Attorney's Office speak
with Ms. James and provide her with contact- information to the Kern
County Bar Association who oversees the IDP Program.
APPOINTMENTS
None.
Bakersfield, California, September 27, 2023 - Page 4
7. CONSENT CALENDAR
(Staff recommends adoption of Consent Calendar iterris.)
Minutes:
a. Approval of minutes of the September 13, 2023, Regular City Council
Meetings.
Payments:
b. Receive and file department payments from September 1, 2023, to
September 14, 2023, in the amount of $16,535,731.22, and Self Insurance
payments from September 1, 2023, to September 14, 2023, in the amount of
$563,395.28, totaling $17,099,126.50.
Ordinances:
C. Adoption of ordinance amending the official zoning map of the
Bakersfield Municipal Code Section 17.06.020 by changing the zone
classification from R-1 (Single Family Dwelling), R-1 /PUD (Single Family
Dwelling/Planned Unit Development), R-2/PUD (Limited Family
Dwelling/Planned Unit Development), C-1 (Limited Commercial), C-2/PCD
(Regional Commercial/Planned Commercial Development), and DI (Drilling
Island) to M-1 (Light Manufacturing) on approximately 920 acres located at
the southeast corner of Seventh Standard Road and Rudd Avenue. The
applicant is McIntosh & Associates on behalf of the property owner, Keith '
Gardiner. (ZC No. 23-0015) (FR 9/13/23).
ORD 5738
d. Adoption of ordinances amending the official zoning map of the Bakersfield
Municipal Code Section 17.06.020 by changing the prezone classification on
approximately 1,601 acres located within the City of Bakersfield's Sphere of
Influence. The applicant is the City of Bakersfield. (No. 23-0244) (FR 9/13/23)
From C-2 (Regional Commercial), R-S-20A (Residential Suburban-
20 acre), R-S-5A (Residential Suburban-5 acre), RS-2.5A (Residential
Suburban-2.5 acre), and A (Agricultural) to C-2 (Regional Commercial),
R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), R-3
(Multiple Family Dwelling), R-4 (High Density Multiple Family Dwelling),
and R-5 (Very High Density Residential) located generally on Taft
Highway and Gosford Road.
ORD 5139
2. From A (Agricultural) and C-1 (Neighborhood Commercial) to C-1
(Neighborhood Commercial), R-1 (One Family Dwelling), R-2 (Limited
Multiple Family Dwelling), and R-3 (Multiple Family Dwelling), located
generally on Snow Road and Calloway Drive.
ORD 5140
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7. CONSENT CALENDAR continued
Item Td. continued
3. From A (Agricultural) and M-3 (Heavy Industrial) to R-1 (One Family
Dwelling), R-2 (Limited Multiple Family Dwelling), R-3 (Multiple Family
Dwelling), R-4 (High Density Multiple Family Dwelling), R-5 (Very High
Density Residential), and OS (Open Space), located generally on
Cottonwood Road and Pacheco Road.
ORD 5141
4. From A (Agricultural) to IRS (Residential Suburban), R-1 (One Family
Dwelling), R-2 (Limited Multiple Family Dwelling), R-4 (High Density
Multiple Family Dwelling), R-5 (Very High Density Residential), and C-2
(Regional Commercial), located generally southeast of Zerker Road
and Seventh Standard Road.
ORD 5742
Resolutions:
e. Resolution of the Bakersfield City Council authorizing the City Manager or his
designee to reimburse a portion of the internal costs incurred by the City due
to the Veterans Day and Christmas Parades from the Community Events Fund
for Fiscal Year 23-24.
RES 138-2023
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 139-2023
g. Resolution determining repairs to a Solid Waste loader cannot be reasonably
obtained through the usual bidding procedures, and authorizing the Finance
Director to dispense with bidding, not to exceed $85,000.
RES 140-2023
h. Resolution to dispense with formal bidding procedures in the purchase of Dell
Hardware and authorizing the use of cooperative procurement contracts, not
to exceed $300,000.
RES 141-2023
i. Resolution determining that an asphalt roller can most efficiently be obtained
through cooperative procurement bidding procedures from Quinn Cat and
authorizing the Finance Director to dispense with bidding thereof, not to
exceed $351,200 for the Streets Division.
RES 142-2023
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Bakersfield, California, September 27, 2023 - Page 6
7. CONSENT CALENDAR continued
j. Resolution determining that a backhoe loader can most efficiently be
obtained through cooperative procurement bidding procedures from Quinn
Cat and authorizing the Finance Director to dispense with bidding thereof, not
to exceed $173,300.
RES 143-2023
Revised, New Job Specifications and Salary Updates:
Amendment No.2 to Resolution No. 098-23 setting salaries and related
benefits for officers and employees of the General Supervisory and
Management Units and adopting salary schedule and related benefits.
RES 098-23
2. Amendment No. 2 to Resolution No. 052-23 approving Memorandum of
Understanding for employees of the Blue and White Collar Units and
adopting salary schedule and related benefits.
RES 052-23
3. New Job Specifications: Fiscal and Administrative Services Supervisor
#57075, Communications and Marketing Manager #88495, Senior
Planner # 27085; Administrative and Fiscal Services Specialist 1/11
#26235/26240.
4. Revised Job Specification: Assistant Planner #25040, Associate Planner
#27060; Marketing and Events Specialist #25010, Economic and
Community Development Director #88100.
Agreements:
Agreement with JustFOIA Inc. (not to exceed $57,927.19, over three years), for
public records request tracking web service.
AGR 2023-232
M. Agreement with Datafy, LLC (not to exceed $259,500), for visitor and
consumer insights and advertising.
AGR 2023-233
n. Agreement with Ikegami Electronics, USA, Inc., ($160,001), for the purchase,
replacement and installation of the Digital HDTV Cameras and Equipment at
Mechanics Bank Arena.
AGR 2023-234
o. Independent Contractor's Agreement with community -based organization,
Stay Focused Ministries, (not to exceed $225,000), to provide intervention,
prevention, and mentoring services with a mission to educate, motivate and
rehabilitate those at the highest risk of gun violence.
AGR 2023-235
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Bakersfield, California, September 27, 2023 - Page 7
7. CONSENT CALENDAR continued
P. Agreement with Cal Valley Equipment LLC (not to exceed $200,000), to
provide inspection, maintenance, and repair services to City owned Fleet
Division's fueling stations.
AGR 2023-236
q. Final Map and Improvement Agreement with IDS Bako Properties, LLC
(Developer) for Tract 7390 located on the east side of Buena Vista Road, north
of Vista Del Christo Drive.
AGR 2023-237
Amendment No. 1 to Agreement No. 2022-203 with Cooperative Personnel
Services, dba CPS HR Consulting (extending term to December 31, 2024) to
continue ongoing recruitment services.
AGR 2022-203 (7)
S. Amendment No. 1 to Agreement No. 2023-042 (B) with Clariti Cloud, Inc.
($787,398; revised not to exceed $2,540,983), for additional user licenses for
Clariti Community Development software.
AGR 2023-042 (B) (1)
t. Amendment No. 3 to Agreement No. 2021-216 with Contact Security, Inc.
(increasing compensation by $222,960.48; revised not to exceed $657,907.44,
and extending term one year until September 30, 2024), to continue onsite
security at the Bakersfield Amtrak Station.
AGR 2021-216 (3)
U. Amendment No. 3 to Agreement No. 2021-199 with Bakersfield ARC Inc.
($75,000, revised not to exceed; $396,000 and extend term one year), to
continue routine maintenance services at the Bakersfield Material Recovery
Facility.
AGR 2021-199 (3)
V. Amendment No. 3 to Agreement No. 2020-154 with Centrisys Corporation
($150,000; revised not to exceed $350,000 and extend term to September 30,
2024) to provide sludge dewatering centrifuge repair and maintenance
services for Wastewater Treatment Plant No. 3.
AGR 2020-154 (3)
W. Amendment No. 2 to Agreement 2021-218 with Morales and Morales
Landscape, ($96,000; for a total compensation not to exceed $232,200 and
extend term to September 30, 2024) for landscape maintenance services at
Wastewater Treatment Plant No. 3.
AGR 2021-218 (2)
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7.
CONSENT CALENDAR continued
X. Amendment No. 5 to Agreement No. 19-181 with DXP Enterprises, Inc.
($260,000; not to exceed $822,000 extend term to December 31, 2024), to
provide on -call wastewater equipment maintenance services for the
Wastewater Division.
AGR 19-181 (5)
Y. Amendment No. 2 to Agreement No. 2021-217 with Pace Analytical Services,
LLC ($77,000; revised not to exceed $206,316 and extend term to September
30, 2024), for laboratory services for the Wastewater Division.
AGR 2021-2 7 7 (2)
Amendment No. 1 to Agreement No. 2022-207 with AAA Oil, Inc., dba
California Fuels & Lubricants (increase compensation by $2,600,000; revised
not to exceed $6,200,000 and extend term one year), to continue the supply
of truck/trailer fuel deliveries.
AGR 2022-207 (1)
Bids:
aa. Accept bid and approve contract to J.L. Plank, Inc., dba Cen-Cal
Construction ($1,51 1,500), for the Annual Contract for Concrete Construction.
(Citywide)
AGR 2023-238
ab. City of Bakersfield Animal Care Center Shelter Expansion:
Accept bid and approve contract with JTS Construction ($579,040.12)
for said project.
AGR 2023-239
2. Authorize Staff to approve, as necessary, up to $20,000 in City
controlled contingency for unforeseen conditions encountered during
construction of said project.
ac. Accept bid from Questivity, Inc. ($68,156.98), for SentinelOneO Software for
the Technology Services Department.
Miscellaneous:
ad. Appropriate $50,000 Transportation Development Fund Balance (TDF) to the
Public Works Department Capital Improvement Program Budget for the
acquisition of Lot C of Tract 7350 (project T41<301).
Successor Agency Business:
ae. Receive and file Successor Agency payments from September 1, 2023, to
September 14, 2023, in the amount of $4,070.00.
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Bakersfield, California, September 27, 2023 - Page 9
7. CONSENT CALENDAR continued
Public Safety/Vital Services Measure:
af. Agreement with Home Rescue Development LLC (not to exceed $113,000),
for the Purchase of Real Property located at 808 and 812 Baker Street.
AGR 2023-240
ag. Amendment No. 3 to Design Consultant Agreement No. 2021-257 with MIG,
Inc. (increasing compensation $2,427,282; revised not to exceed $3,552,042;
and extending term to May 3, 2024), for the preparation of 30% construction
documents of Dr. Martin Luther King (MLK) park, buildings, and pool.
REMOVED FOR SEPARATE CONSIDERATION. Seepage 10.
ah. Construction of Jefferson Park Pool Fence:
Accept bid and approve constructions projects agreement with DOD
Construction LTD. (not to exceed $518,205), for the construction of
Jefferson Park Pool Fence Renovation (P3C143).
AGR 2023-241
2. Budget transfer of $182,000 from project Sister Cities Garden Fence
Renovation project P3C 134 to project P3C 143.
3. Authorize staff to approve, as necessary, up to $52,000 in City -
controlled contingency for unforeseen conditions encountered during
construction of the Jefferson Park Pool Fence Renovation project.
ai. Construction of Sister Cities Garden Fence:
Accept bid and approve constructions projects agreement with
Synergy Construction & Development Corp. (not to exceed $253,150),
for the construction of Sister Cities Garden Fence Renovation (P3C134).
AGR 2023-242
2. Authorize staff to approve, as necessary, up to $25,000 in City -
controlled contingency for unforeseen conditions encountered during
construction of the Sister Cities Garden Fence Renovation project.
Councilmember Smith abstained from item 7.c., due to source of income and
item 7.ai. due to adjacent real estate.
Councilmember Kaur abstained from item 7.c., due to reasons of impropriety.
Councilmember Gray requested item 7.ag. be removed for separate consideration.
Motion by Vice Mayor Gonzales to adopt Consent Calendar items 7.a. through 7.ai.,
with Councilmember Smith abstaining from item 7.c., due to source of income and
7.ai.,due to adjacent real estate. Councilmember Kaur abstained from item 7.c., due
to reasons of impropriety and with the removal of item 7.ag. for separate
consideration. Motion approved with Councilmember Freeman absent.
Bakersfield, California, September 27, 2023 - Page 10
7. CONSENT CALENDAR continued
ag. Amendment No. 3 to Design Consultant Agreement No. 2021-257 with MIG,
Inc. (increasing compensation $2,427,282, revised not to exceed $3,552,042;
and extending term to May 3, 2024), for the preparation of 30% construction
documents of Dr. Martin Luther King (MILK) park, buildings, and pool.
AGR 2021-257 (3)
Motion by Councilmember Gray to adopt Consent Calendar item 7.ag. Motion
approved with Councilmember Freeman absent.
8. CONSENT CALENDAR PUBLIC HEARINGS
(Staff recommends conducting Consent Calendar Public Hearing and approval of items.)
None.
9. HEARINGS
None.
10. REPORTS
None.
11. DEFERRED BUSINESS
None.
12. NEW BUSINESS
None.
13. COUNCIL AND MAYOR STATEMENTS
Vice Mayor Gonzales requested staff review the Downtown Station Area Plan
document and provide an update on the action items contained in the report.
Councilmember Arias requested staff provide an update on the Park Ranger
Program to the Safe and Healthy Neighborhoods Committee. Update to include
information on Municipal Code relevant to the program, citations, and citywide park
hours.
Councilmember Arias expressed his appreciation to the Public Works department for
the street humps near South High School.
Councilmember Smith requested staff prepare a resolution for Council consideration
asking that Congress, at state and federal levels, acknowledge veterans who have
provided their service and should now be provided with medical services and that
each veteran should receive a Medicare card to receive services locally in their own
respective communities.
Councilmember Kaur expressed appreciation to Congressional Representatives from
California for their concerns and calls to action regarding threats to the Sikh
Communities.
Bakersfield, California, September 27, 2023 - Page 1 1
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14. ADJOURNMENT
Mayor Goh adjourned at 6:2 m.
44000t
KAREN GOH
MAYOR of the City of Bakersfield
ATTEST:
JULIE DRI AKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
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