HomeMy WebLinkAbout11/29/23 CC MINUTES 5:15`9534
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 29, 2023
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
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 Pastor Matt Vorhees, Riverlakes Community Church.
3. PLEDGE OF ALLEGIANCE
By Arek Plate, Senior at Liberty High School.
4. PRESENTATIONS
None.
5. PUBLIC STATEMENTS
a. Agenda Item Public Statements
None.
b. Non -Agenda Item Public Statements
1. Sophia Calero and Abigail Rivera spoke regarding VITA, Kern Vita
Partnership United Way Volunteer orientation and training dates (written
material provided).
2. Lisa Smith spoke regarding concerns of empty lots near the Centennial
Corridor Project (written material provided).
Vice Mayor Gonzales requested staff schedule a meeting with Ms. Smith
regarding the plans for parcels.
3. Carter Beardsley, Ward 4, and Natalie Tarango, Ward 1, of the Youth
Commission requested additional communication with Council, $15,000
Budget for the Youth Commission and Youth Commission meetings be held
in the Council Chambers (written material provided).
Councilmember Arias requested that staff investigate Youth Commission
inquiries.
Vice Mayor Gonzales asked the Youth Commissioners to come back and
deliver a presentation on what projects they want to obtain funding.
4. Russell Johnson spoke regarding City software not working to apply for
permits.
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5.
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PUBLIC STATEMENTS continued
Item 5.b. continued
5. Jackie Morris spoke regarding Consent Calendar item 7.c.
APPOINTMENTS
None.
CONSENT CALENDAR
(Staff recommends adoption of Consent Calendar items.)
Minutes:
a. Approval of minutes of the November 8, 2023, Regular City Council Meetings.
Payments:
b. Receive and file department payments from October 27, 2023, to
November 9, 2023, in the amount of $13,622,381.78 and Self Insurance
payments from October 27, 2023, to November 9, 2023, in the amount of
$662,048.31 totaling $14,284,430.09.
Ordinances:
C. First Reading of various ordinances related to animal control regulations:
Amending Chapter 6.04 of the Bakersfield Municipal Code related to
Public Pounds & Dog Licensing
2. Enacting Chapter 6.06 to the Bakersfield Municipal Code relate to Dog
Kennels
3. Enacting Chapter 6.07 to the Bakersfield Municipal Code related to
Mandatory Spay and Neuter of Dogs
4. Enacting Chapter 6.09 to the Bakersfield Municipal Code related to
Breeder Permits
FR ONLY
d. Adoption of an ordinance amending chapter 13.12 of the Municipal Code to
add section 13.12.035 relating to development improvement standards and
specifications to incorporate a Complete Streets Policy. (FR 1118123)
ORD 5139
Resolutions:
e. 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 164-2023
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7. CONSENT CALENDAR continued
f. Resolution to Dispense with Bidding with Professional Audio Laboratories (not
to exceed $60,000) for Dictaphone Analog and Digital Downloading Services.
RES 165-2023
g. Resolution determining that Holmatro rescue equipment is the Bakersfield Fire
Department standard, and it cannot be reasonably obtained through the
usual bidding procedures and authorizing the Finance Director to dispense
with bidding therefore, not to exceed $146,550.
RES 166-2023
h. Resolutions to add the following areas to the Consolidated Maintenance
District and approving, confirming, and adopting the Public Works Director's
Report for each:
l . Area 1-136 (5108 Office Park Drive) - Ward 2
RES 167-2023
2. Area 2-88 (3101 & 3201 Bashirtash Drive) - Ward 7
RES 168-2023
3. Area 2-89 (3601 Stockdale Highway) - Ward 2
RES 169-2023
4. Area 4-282 (219 Quantico Avenue) - Ward 2
RES 170-2023
5. Area 4-283 (1629 California Avenue) - Ward 2
RES 171-2023
6. Area 5-123 (1722 Terrace Way) - Ward 2
RES 172-2023
7. Area 5-124 (2301 Panama Lane) - Ward 7
RES 173-2023
i. Resolution of Intention (ROI) No. 2187 adding territory, Area 4-281 (530 Cypress
Street), Ward 2, to the Consolidated Maintenance District and preliminarily
approving, confirming, and adopting the Public Works Director's Report.
R012187
Agreements:
j. Contribution Agreements:
1. Agreement with Bakersfield Art Foundation ($50,000) to support core
activities at the Bakersfield Museum of Art.
AGR 2023-265
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CONSENT CALENDAR continued
Item 7.1. continued
2. Agreement with Bakersfield Symphony Orchestra ($50,000) for cultural
and recreational activities at City owned facilities.
AGR 2023-266
k. Agreement with Image Trend, LLC (not to exceed $401,353) for software
licensing and training for the Fire Department to streamline the reporting of
National Fire -Data Reports, EMS Patient Care reporting and provide real-time
data accessibility.
AGR 2023-267
Agreement with Lehigh Outfitters ($85,000 annually, for two-year period, not to
exceed $170,000) for employees to purchase safety footwear.
AGR 2023-268
M. Agreement with Marjorie E. Trens ($725,000) for the purchase of real property
improved with 2 commercial office buildings located at 1621 and 1623 17th
Street.
AGR 2023-269
n. Agreement with the Following Contractors to Paint Over Graffiti in the
Metropolitan Bakersfield Area and to Provide On -Call General Services and
Maintenance for the City of Bakersfield:
1. Sweaney, Inc. (not to exceed $550,000)
AGR 2023-270
2. Steve Holloway Painting Contractor (not to exceed $550,000)
AGR 2023-271
o. Agreement with Newmark, Inc. (not to exceed $260,000), for the Rosedale
Ranch Asset Positioning and Investment Readiness Program.
AGR 2023-272
P. Design Consultant Agreement with Meyer Civil Engineering, Inc. (not to
exceed $68,890), for Sanitary Sewer Lift Station Rehabilitation at Eucalyptus.
AGR 2023-273
q. Agreements for On -Call SCADA System Maintenance and Support Services for
the Wastewater Division:
1. South Coast Automation System, Inc., (not to exceed $200,000 for
a three-year term).
AGR 2023-274
2. Northern Digital, Inc., (not to exceed $100,000 for a three-year term).
AGR 2022-275
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7. CONSENT CALENDAR continued
r. Reimbursement Agreement with Union Pacific Railroad Company ($65,000) for
preliminary Engineering Services.
AGR 2023-276
Cooperative Agreement with Caltrans for the State Route 58/State Route 99
Interchange Landscape Project/ Hardscape Project (a part of the Centennial
Corridor Project).
AGR 2023-277
Amendment No. 2 to Agreement No. 2022-053 with Kern Community
Foundation to provide advance payment to administer the youth jobs
program.
AGR 2022-053 (2)
U. Amendment No. 1 to Agreement No. 2023-026 with BB&A Construction
(increase reimbursement $25,280; not to exceed $99,991 and to extend the
term to May 31, 2024). for an Economic Opportunity Area Incentive Program
business fagade and site improvements grant.
AGR 2023-026 (1)
V. Amendment No. 5 to Agreement No. 2020-037 with American International
Environmental, Inc. ($100,000; revised not to exceed $993,000), to continue
landfill gas services.
AGR 2020-037 (5)
W. Amendment No. 4 to Agreement No. 2021-032 with Telstar Instruments
($125,000; not to exceed $845,000) for electrical services at the Mount Vernon
Organics Processing Facility.
AGR 2021-032 (4)
X. Amendment No. 1 to Agreement No. 2023-104 with OPC, a division of
Transystems to reflect the correct legal name as the result of a corporate
acquisition.
AGR 2023-104 (1)
Y. Amendment No. 1 to Agreement No. DS23-057 with Steven Paul Kinney
(increasing compensation by $60,000; revised not to exceed $100,000) to
provide various abatement services.
AGR 2023-278
Z. Amendment No. 1 to Agreement No. DS23-064 with Oakleaf General
Engineering Construction (increasing compensation by $60,000; revised not
to exceed $100,000) to provide various abatement services.
AGR 2023-279
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CONSENT CALENDAR continued
aa. Amendment No. 1 to Agreement No 17-1 19 with PG&E (increase
compensation by $428,408.57; not to exceed $960,424.10) for Utility Relocation
on Belle Terrace Operational Improvements Project.
AGR 17-119 (1)
ab. Amendment No. 1 to Agreement No. 18-164 with PG&E (increase total
compensation by $603,295.04; not to exceed $1,327,303.04) for the relocation
of facilities for the Centennial Corridor Mainline Project.
AGR 18-164 (1)
ac. Contract Change Order No. 1 to Agreement No. 2023-250 with Manzano
General Engineering LLC ($127,767; revised not to exceed $232,767), for the
McMurtrey Pool Shade Improvements project (P2C062).
CCO 2023-250 (1)
ad. Contract Change Order No. 1 to Agreement No. 2023-193 with J.L. Plank Inc.
DBA Cen-Cal Construction ($16,835.52; revised not to exceed $682,699.02), for
the construction of Saunders Park Sump Wall (P3C 141) and Saunders Park
Pavilion Fence (P3C142) projects.
CCO 2023-193 (1)
ae. Contract Change Order Nos. 59, 83, 86, and 89 to Agreement No. 18-176 with
Security Paving Company ($175,544.72; revised not to exceed $51,527,996.97)
for the Bakersfield Freeway Connector Project.
CCO 18-176 (59), (83), (86), (89)
af. Contract Change Order Nos. 55, 79, 113, and 126 to Agreement No. 19-069
with Security Paving Company (increasing compensation by $240,438.04;
revised not to exceed $149,043,819.29) for the Centennial Corridor Mainline
Project.
CCO 19-069 (55), (79), (113), (126)
Bids:
ag. Reject Bid with Loop Electric ($524,760.10) for Traffic Signal and Lighting System
Modification at the Intersection of Ming Avenue and Real Road.
ah. Accept bid and approve contract to Johnson Controls, Inc., Bakersfield, CA,
($131,120) for the MYCOM Compressor Rebuild at Mechanics Bank Arena.
(Word 2)
1. Accept bid from Johnson Controls, Inc., Bakersfield, CA,
AGR 2023-280
2. Reserve contingency funds in the amount of $25,000 for a total budget
amount of $156,120.
Bakersfield, California, November 29, 2023 - Page 7
7. CONSENT CALENDAR continued
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ai. Accept bid and approve contract with Synagro WWT Inc. ($1 15,000), for
Biosolids Handling and Disposal for Wastewater Treatment Plant No. 2.
AGR 2023-281
aj. Accept bid and approve purchase of six commercial zero turn riding
mulching electric mowers 60" from Kern Machinery Inc. Bakersfield, CA
($156,383.08), for the Recreation and Parks Department.
Miscellaneous:
ak. Appropriate $49,504 Firehouse Subs Public Safety Foundation Grant Revenue
to the Fire Department Operating budget within the General Fund for the
purchase of fourteen (14) automated external defibrillator (AED) units.
al. Appropriate $3,000 from the developer's contribution to the General Fund in
the Development Services budget for peer review of the Geologic Hazards
Report for Vesting Tentative Tract 7419 located on the Northwest of Valley
Street and Highway 178, Bakersfield, California (Developer: Derrel's Mini -
Storages, Inc.)
am. Authorize the Finance Director to write off accounts receivable in various
funds totaling $43,175.52 and forward non -bankrupt accounts to a collection
' agency for additional collection efforts.
an. Review and acceptance of the Fiscal Year 2022-2023 Annual Compliance
Report for Park Impact Fees prepared in accordance with California
Government Code §66006.
REMOVED FOR SEPARATE CONSIDERATION. See page 8.
ao. Approval of Letter of Support for House Resolution 6089 - Energy Choice Act.
Successor Agency Business:
None.
Public Safety/Vital Services Measure:
ap. Mesa Marin Sports Complex Phase III -Rebid:
l . Accept bid and approve contract with S.C. Anderson, Inc.
($12,725,000), for said project;
2. Appropriate $1,000,000 from Park Improvement Fund balance
from Northeast Developer Reimbursement (Zone 3) to the Public
Works Capital Improvement Budget within the Park Improvement
Fund for said project;
3. Authorize staff to approve, as necessary, up to $600,000 in City
controlled contingency for unforeseen conditions encountered during
construction of said project.
REMOVED FOR SEPARATE CONSIDERATION. See page 8.
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7.
8.
CONSENT CALENDAR continued
City Clerk Drimakis announced staff memorandums received transmitting
correspondence for Consent Calendar items 7.c. and 7.ab.
Councilmember Freeman requested Consent Calendar item 7.an. be
removed for separate consideration.
Councilmember Smith requested Consent Calendar item 7. ap. be removed
for separate consideration.
Motion by Vice Mayor Gonzales to adopt Consent Calendar items 7.a. through 7.ap.,
with the removal of Consent Calendar items 7.an. and 7.ap., for separate
consideration. Motion unanimously approved.
an. Review and acceptance of the Fiscal Year 2022-2023 Annual Compliance
Report for Park Impact Fees prepared in accordance with California
Government Code §66006.
Motion by Councilmember Freeman to adopt Consent Calendar item 7.an. Motion
unanimously approved.
ap. Mesa Marin Sports Complex Phase III -Rebid:
Accept bid and approve contract with S.C. Anderson, Inc.
($12,725,000), for said project;
AGR 2023-282
2. Appropriate $1,000,000 from Park Improvement Fund balance
from Northeast Developer Reimbursement (Zone 3) to the Public
Works Capital Improvement Budget within the Park Improvement
Fund for said project;
3. Authorize staff to approve, as necessary, up to $600,000 in City
controlled contingency for unforeseen conditions encountered during
construction of said project.
Motion by Councilmember Weir to adopt Consent Calendar item 7.ap. Motion
unanimously approved.
CONSENT CALENDAR PUBLIC HEARINGS
(Staff recommends conducting Consent Calendar Public Hearing and approval of items.)
a. Public Hearing to consider General Plan Amendment/Zone Change
No. 23-0012 on approximately 5.5 gross acres generally located on the south
side of Wilson Road between Edmonton Street and Actis Street to facilitate
future development of up to 98-unit apartment complex.
Resolution adopting a Mitigated Negative Declaration pursuant to
the California Environmental Quality Act (CEQA).
RES 174-2023
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8. CONSENT CALENDAR PUBLIC HEARINGS
Item 8.a. continued
2. Resolution approving an amendment of the land use
designation of the Metropolitan Bakersfield General Plan from
GC (General Commercial) and LR (Low Density Residential) to
HMR (High Medium Residential).
RES 175-2023
3. First reading of ordinance amending the Bakersfield Municipal
Code Section 17.06.020 by changing the official zoning map
from R-1 (One -Family Dwelling) to R-3 (Multiple -Family Dwelling).
FR ONLY
b. Public Hearing to consider General Plan Amendment/Zone Change
No. 22-0337, Planned Development Review No. 23-0331, and Zone
Modification No. 23-0508 on approximately 80.5 acres generally
located at the northeast corner of South Allen Road and Pensinger
Road.
Resolution adopting a Mitigated Negative Declaration pursuant
to the California Environmental Quality Act (CEQA).
2. Resolution approving an amendment of the land use
designation of the Metropolitan Bakersfield General Plan from
LR (Low Density Residential) to HMR (High Medium Density
Residential).
3. Resolution approving amendment of the circulation map by
deleting the arterial designation of Pacheco Road between
Buena Vista Road and South Allen Road.
4. First reading of ordinance amending the Bakersfield Municipal
Code Section 17.06.020 by changing the official zoning map
from R-1 (One -Family Dwelling) to R-3/PUD (Multiple -Family
Dwelling/Planned Unit Development).
5. Resolution approving Planned Development Review
No. 23-0331 for development of 497 single family residential lot
Planned Unit Development.
Resolution approving Zone Modification No. 23-0508 to reduce
the minimum lot size and setback requirements.
REMOVED FOR SEPARATE CONSIDERATION. See Page 12.
City Clerk Drimakis announced a staff memorandum was received
transmitting correspondence for, Consent Calendar Public Hearings item 8.b.
Consent Calendar Public Hearing items 8.a. and 8.b. opened at 6:04 p.m.
Councilmember Freeman requested Consent Calendar Public Hearing item
8.b. be removed for separate consideration.
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Bakersfield, California, November 29, 2023 - Page 10
8. CONSENT CALENDAR PUBLIC HEARINGS
Item 8.b. continued
Consent Calendar Public Hearing item 8.a. closed at 6:07 p.m. '
Motion by Vice Mayor Gonzales to adopt Consent Calendar Public Hearing item 8.a.
Motion unanimously approved.
9. HEARINGS
a. Continuation of a Public Hearing to consider adoption of Resolutions
concerning two appeals by Channel Law Group, LLP on behalf of their client
Progress for Bakersfield Veterans, LLC regarding the Department of Veterans
Affairs Community -Based Outpatient Clinic, located at 5512 Knudsen Drive:
(Continued from the 11/8/23 meeting.)
1. Appeal of Planning Commission's certification of an Environmental
Impact Report; and
RES 181-2023
2. Appeal of Planning Commission's approval of Site Plan Review
No. 21-0399.
RES 182-2023
Mayor Goh stated this hearing item was opened and continued from the I
November 8, 2023, Council meeting.
City Clerk Drimakis announced staff memorandum was received
transmitting correspondence, and an additional staff memorandum was
received transmitting additional comments from the appellant and additional
documents for Hearing item 9.a.
Planning Director Johnson made staff comments and provided a PowerPoint
Presentation.
Jamie Hall, Channel Law Group, spoke in opposition to the staff's
recommendation.
Following speakers in support of staff's recommendations:
Alan B. Fenstermacher, Rutan Tucker, representing the applicant.
Randi McCormick, Mcormick biological, Inc., (written materials provided).
Veterans: Guy Anderson, James Lopez, Dick Albright (written materials
provided), Ben Patton, Chester Ayala, and Larry Walker (written materials
provided).
Hearing item 9.a. closed at 6:45 p.m.
Motion by Councilmember Smith to adopt staff's recommendations. Motion
unanimously approved.
Mayor Goh recessed the meeting at 6:56 p.m. and reconvened the meeting
at 7:05 p.m.
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Bakersfield, California, November 29, 2023 - Page 11
9. HEARINGS continued
Item 8.b. continued
b. Public Hearing to consider General Plan Amendment/Zone Change
No. 22-0337, Planned Development Review No. 23-0331, and Zone
Modification No. 23-0508 on approximately 80.5 acres generally
located at the northeast corner of South Allen Road and Pensinger
Road.
CONTINUED FROM PAGE 9
1 . Resolution adopting a Mitigated Negative Declaration pursuant
to the California Environmental Quality Act (CEQA).
RES 176-2023
2. Resolution approving an amendment of the land use
designation of the Metropolitan Bakersfield General Plan from
LR (Low Density Residential) to HMR (High Medium Density
Residential).
RES 177-2023
3. Resolution approving amendment of the circulation map by
deleting the arterial designation of Pacheco Road between
Buena Vista Road and South Allen Road.
RES 178-2023
4. First reading of ordinance amending the Bakersfield Municipal
Code Section 17.06.020 by changing the official zoning map
from R-1 (One -Family Dwelling) to R-3/PUD (Multiple -Family
Dwelling/Planned Unit Development).
FR ONLY
5. Resolution approving Planned Development Review
No. 23-0331 for development of 497 single family residential lot
Planned Unit Development.
RES 179-2023
6. Resolution approving Zone Modification No. 23-0508 to reduce
the minimum lot size and setback requirements.
RES 180-2023
Planning Director Johnson made staff comments and provided a
PowerPoint presentation.
No one spoke in opposition to the staff's recommendations.
Witney Jackson spoke in support of the staff's recommendations.
Hearing item 8.b. closed at 7:08 p.m.
Motion by Councilmember Freeman to adopt staffs recommendations. Motion
unanimously approved.
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Bakersfield, California, November 29, 2023 - Page 12
10. REPORTS
None.
11. DEFERRED BUSINESS
None.
12. NEW BUSINESS
a. Resolution setting dates of Regular City Council Meetings, Department Budget
Presentations, and Budget Hearings for January through December 2024.
(Staff recommends Council determination.)
RES 183-2023
Motion by Vice Mayor Gonzales to adopt the resolution. Motion unanimously
approved.
13. COUNCIL AND MAYOR STATEMENTS
Vice Mayor Gonzales announced an invitation to participate in the homeless point in
time count.
Vice Mayor Gonzales reported on Housing & Homelessness committee referral to
staff for a resolution to support of partnering with the County in implementing for
care court and SB 43 and in opposition of any extension of implementation, in
support of a phased approach. Also directed staff to create a one-year plan to
develop new units of housing within one year.
Vice Mayor Gonzales reported on Budget and Finance Committee, regarding
recommendations received on the EOA program and a report on impact fees to
come to the full Council soon.
Councilmember Freeman requested that the tier level be included relating to the
maintenance districts.
Councilmember Freeman made comments in -favor of the United Way project.
Councilmember Kaur announced November as Sikh appreciation month.
Councilmember Gray thanked her colleagues for approving Letter in support of
Energy Choice Act.
Mayor Goh made comments about homelessness and quality of life crimes and
announced a meeting with Cal cities where she will advocate for the issues and
concerns.
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14. ADJOURNMENT
Mayor Goh adjourned at 7:29 p.m.
V-- 044"
KAREN GOH
MAYOR of the City of Bakersfield
ATTEST:
kau &�r�,
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
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