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HomeMy WebLinkAbout03/27/24 CC MINUTES46 1 1 1 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 27, 2024 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, Smith, Freeman, and Gray Absent: Councilmembers Weir and Kaur 2. INVOCATION By Fr. Theo Antony, Pastor of St. Francis Roman Catholic Church. 3. PLEDGE OF ALLEGIANCE By Councilmember Gray. 4. PRESENTATIONS a. Proclamation to Katy Perez, Dean of Students at Bakersfield Adult School, declaring Adult Education Week in Bakersfield during the week of April 10, 2024. 5. PUBLIC STATEMENTS a. Non -Agenda Item Public Statements 1. Christopher Beretta, Lorena, Mohammad Hararn, Mildred Gonzales, Samer Abu Daqqa, Pure Dew, Amelia, Ant, Omar, spoke regarding the conflict in Gaza. 2. Rich O'Neil, Kern River Parkway Foundation, spoke regarding Truxtun lake. 3. Antje Lauer, spoke regarding the Kern River. Mayor Goh recessed the meeting at 5:52 p.m. and reconvened the meeting at 6:49 p.m. b. Agenda Item Public Statements Mary Helen Barrow spoke regarding Apartment Complex development in East Bakersfield, (written material provided). 6. APPOINTMENTS a. Three appointments (at large) to the Historic Preservation Commission due to March 31, 2024, term expirations of Cathy Butler, Stephen Montgomery, and Susan B. Stussy. Commission members will serve three-year terms. Appointees will have terms that expire on March 31, 2027. City Clerk Drimakis announced four applications for appointment were received from Cathy Butler, Roger Mobley, Stephen Montgomery, and Susan Stussy. Bakersfield, California, March 27, 2024 - Page 2 6. APPOINTMENTS continued Ward 1 Butler, Montgomery, Stussy Ward 2 Butler, Montgomery, Stussy Ward 3 Absent Ward 4 Butler, Montgomery, Mobley Ward 5 Butler, Montgomery, Mobley Ward 6 Butler, Montgomery, Mobley Ward 7 Absent Motion by Vice Mayor Gonzales, to appoint Cathy Butler, Stephen Montgomery and Roger Mobley to the Historic Preservation Commission, to serve a term expiring March 31, 2027. Motion approved with Councilmembers Weir and Kaur absent. 7. CONSENT CALENDAR a. Minutes: Approval of minutes of the March 13, 2024, Regular City Council Meetings. (Staff recommends approval of the minutes.) b. Payments: 1. Receive and file payments from March 1, 2024, to March 14, 2024, in the amount of $12,576,658.29 and Self Insurance payments in the amount of $1,045,612.08, totaling $13,622,270.37. (Staff recommends receiving and filing the report.) C. Ordinances: 1. Adoption of an Ordinances amending Bakersfield Municipal Code Title 17, adding, deleting, and amending various Chapters primarily related to residential zoning and mixed -use zoning to address evolving community needs, enhancing housing options, and providing compatibility with the City's long-term development goals in support of the Bakersfield General Plan comprehensive update, specifically, the Housing Element. (FR 02/28/2024) (Staff recommends adoption of the ordinance.) 1. Ordinance amending, enacting, and repealing various sections of Title 17, Chapter 17.04 of the Bakersfield Municipal Code relating to zoning. ORD 5151 2. Ordinance amending Title 17, Chapter 17.06 of the Bakersfield Municipal Code relating to zoning, ORD 5152 3. Ordinance amending and repealing various sections of Title 17, Chapter 17.08 of the Bakersfield Municipal Code relating to zoning. ORD 5153 4. Ordinance repealing and enacting various sections of Title 17, Chapter 17.10 of the Bakersfield Municipal Code relating to zoning. ORD 5154 4620 Bakersfield, California, March 27, 2024 - Page 3 7. CONSENT CALENDAR continued Item 7.c.1 continued 5. Ordinance repealing and enacting various sections of Title 17, Chapter 17.12 of the Bakersfield Municipal Code relating to zoning. ORD 5155 6. Ordinance repealing and enacting various sections of Title 17, Chapter 17.14 of the Bakersfield Municipal Code relating to zoning. ORD 5156 7. Ordinance repealing various sections of Title 17, Chapters 17.16, 17.18, and 17-19 of the Bakersfield Municipal Code relating to zoning. ORD 5157 8. Ordinance amending Title 17, Chapter 17.20 of the Bakersfield Municipal Code relating to zoning. ORD 5158 9. Ordinance amending Title 17, Chapter 17.22 of the Bakersfield Municipal Code relating to zoning. ORD 5159 10. Ordinance amending Title 17, Chapter 17.24 of the Bakersfield Municipal Code relating to zoning. ORD 5160 11. Ordinance amending Title 17, Chapter 17.25 of the Bakersfield Municipal Code relating to zoning. ORD 5161 12. Ordinance amending Title 17, Chapter 17.26 of the Bakersfield Municipal Code relating to zoning. ORD 5162 13. Ordinance amending Title 17, Chapter 17.28 and enacting section 17.28.080 of the Bakersfield Municipal Code relating to zoning. ORD 5163 14. Ordinance amending Title 17, Chapter 17.30 of the Bakersfield Municipal Code relating to zoning. ORD 5164 15. Ordinance amending Title 17, Chapter 17.31 of the Bakersfield Municipal Code relating to zoning. ORD 5165 Bakersfield, California, March 27, 2024 - Page 4 7. CONSENT CALENDAR continued Item 7.c.1 continued 16. Ordinance amending Title 17, Chapter 17.32 of the Bakersfield Municipal Code relating to zoning. ORD 5166 17. Ordinance repealing Title 17, Chapters 17.34 and 17.36 of the Bakersfield Municipal Code relating to zoning. ORD 5167 18. Ordinance amending Title 17, Chapters 17.37 and 17.38 of the Bakersfield Municipal Code relating to zoning. ORD 5168 19. Ordinance repealing Title 17, Chapters 17.41 and 17.51 of the Bakersfield Municipal Code relating to zoning. ORD 5169 20. Ordinance amending Title 17, Chapters 17.44, 17.47 and 17.52 of the Bakersfield Municipal Code relating to zoning. ORD 5170 21. Ordinance amending Title 17, Chapter 17.58 of the Bakersfield Municipal Code relating to zoning. ORD 5171 22. Ordinance amending Title 17, Chapter 17.60 of the Bakersfield Municipal Code relating to zoning. ORD 5172 23. Ordinance amending Title 17, Chapters 17.61 and 17.64 of the Bakersfield Municipal Code relating to zoning. ORD 5173 24. Ordinance amending, repealing, and enacting various sections of Title 17, Chapters 17.65, 17.69, 17.71 and 17.73 of the Bakersfield Municipal Code relating to zoning. ORD 5174 d. Resolutions: 1. 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. (Staff recommends adoption of the resolution.) RES 028-2024 4622, Bakersfield, California, March 27, 2024 - Page 5 7. CONSENT CALENDAR continued 2. Fiscal Year 23 Byrne Memorial Justice Assistance Grant Program: (Staff recommends adoption of the resolution and approval of the appropriation.) Resolution to accept the terms of this grant award, and its required certifications and assurances. RES 029-2024 2. Appropriate $156,045 in Federal BJA FY 23 JAG/Byrne Grant from the Bureau of Justice Assistance to the Police Operating Budget within the General Fund to purchase load bearing vests to outfit the department's officers. 3. Resolution authorizing the filing of an application with the Kern Council of Governments for an allocation of Transportation Development Act Article 4 funds for Fiscal Year 2024-25 for Annual maintenance of the Amtrak Station ($1,288,693). (Ward 2) (Staff recommends adoption of the resolution.) RES 030-2024 4. Resolutions declaring real property Exempt Surplus as per Government Code Section 54221. (Staff recommends adoption of the resolutions declaring these parcels "Exempt Surplus" land.) 1. Resolution declaring real property exempt surplus land and surplus to the needs of the City and authorizing the City Manager to negotiate its sale (11 properties). RES 031-2024 2. Resolution declaring real property exempt surplus land and surplus to the needs of the City and authorizing the City Manager to negotiate its sale (6 properties). RES 032-2024 5. Dispense with bidding with All American Uniforms for Junior Police Academy Uniforms 2024. (Staff recommends approval of the resolution and agreement.) 1. Resolution determining that Junior Police Academy uniforms cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to Dispense with bidding therefore, not to exceed $162,000. RES 033-2024 2. Agreement with All American Uniforms (not to exceed $162,000; and a term end date on June 31, 2027) for the Police Department. AGR 2024-075 Bakersfield, California, March 27, 2024 - Page 6 7. CONSENT CALENDAR continued 6. Resolution of Intention No. 2192 to adding territory, Area 5-127 (705 S. Union Avenue) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report; Street Tier = 0; Park Tier = 0 (Ward 2) (Staff recommends adopting the resolution of intention.) ROI 2192 7. Amendment No. 4 to Resolution No. 144-19 approving the Memorandum of Understanding, Setting Salaries and Related Benefits for Employees represented by the Bakersfield Police Officers Association. (Staff recommends adoption of the amendment.) RES 144-19 (4) Agreements: 1. Memorandum of Understanding by and between the City of Bakersfield and Building Healthy Communities to apply for the Environmental Protection Agency Community Change Grant. (Staff recommends approval of the agreement.) AGR 2024-076 2. Agreement with EVALCORP Inc. (not to exceed $75,000), for data analyzing services for the implementation and evaluation of the Local Evaluation Plan (LEP) for the Bakersfield Police Department to meet the Organized Retail Theft Grant LEP requirements. (Staff recommends approval of the agreement.) AGR 2024-077 3. Agreement with TeamDynamix Solutions LLC (not to exceed $49,227.15), for Project Management Software. (Staff recommends approval of the agreement.) AGR 2024-078 4. Final Map and Deferred Improvement Agreement with 4J's and R, LLC and Hosking DC, LLC for Parcel Map 12438 Phase 1, located at the southwest corner of South H Street and Berkshire Road. (Ward 7) (Staff recommends approval of the agreement.) AGR 2024-079 5. Cooperative Agreement with Caltrans for the State Route 58 EB to State Route 99 NB Interchange. (7th Movement) (a part of the Centennial Corridor Project) (Ward 2) (Staff recommends approval of the agreements.) AGR 2024-080 6. Amendment No. 1 to Agreement No. PD23-036 with Shielding the Front Line. Kern County (increasing compensation $60,000; revised not to exceed $100,000) to continue counseling services for the Bakersfield Police Department frontline personnel and their families. (Staff recommends the approval of the amendment.) AGR 2024-081 4624 Bakersfield, California, March 27, 2024 - Page 7 7. CONSENT CALENDAR continued 7. Amendment No. 6 to Agreement No. 2020-058 Olaguez Inc., dba Olaguez Transport (increase compensation by $153,371.40; revised not to exceed $3,403,371.40 and extend the term by one year) to continue the supply of wood chip hauling and other material. (Staff recommends the approval of the amendment.) AGR 2020-058 (6) 8. Amendment No. 4 to Agreement No. 2020-059, K and I Services Inc. (increase compensation by $406,000; revised not to exceed $856,000 and extend the term by one year), to continue the supply of wood chip hauling and other material. (Staff recommends approval of the amendment.) AGR 2020-059 (4) 9. Amendment No. 1 to Agreement No. 2023-251 J.L. Plank dba Inc dba Cen- Cal Construction (increase compensation by $193,106.65; revised not to exceed $393,106.65) to continue the construction of HUD funded curb, gutter, and sidewalk for the Oleander Area. (Staff recommends approval of the amendment.) AGR 2023-251 (1) f. Bids: 1. Garces Memorial Circle Enhancements (Staff recommends acceptance of low bid, approval of contract, and approval of City -controlled contingency.) 1. Accept bid and approve contract with Cen-Cal Construction (not to exceed $2,999,500) for the construction of said project and; AGR 2024-082 2. Authorize staff to approve, as necessary, up to $100,000 in City - controlled contingency for unforeseen conditions encountered during construction of said project. (Ward 2) 2. Bakersfield Police Department EVOC Modular Office (Staff recommends acceptance of low bid, approval of contract, and approval of City -controlled contingency.) Accept bid and approve contract with SW Construction Inc. ($382,191.39), for installation of a modular office building at the BPD Emergency Vehicle Operations Center (EVOC) and; AGR 2024-083 2. Authorize staff to approve, as necessary, up to $30,000, in City - controlled contingency fore unforeseen conditions encountered during construction of said project. (Ward 1) A 6 ? 5 Bakersfield, California, March 27, 2024 - Page 8 7. CONSENT CALENDAR continued 3. Wastewater Treatment Plant No. 2 Bar Screen Rehabilitation Project: (Staff recommends acceptance of low bid, approval of contract, and appropriation of funds.) Accept bid and approve contract with GSE Construction Company Inc. ($3,107,000), for Bar Screen Rehabilitation Project. AGR 2024-084 2. Appropriate $2,360,000 in Sewer Enterprise Fund Balance to the Public Works Department's Capital Improvement Program budget for project. 3. Authorize staff to approve, as needed, up to $50,000 in City -controlled contingency for unforeseen conditions encountered during construction of project. g. Miscellaneous: Appropriate $2,147,240 Transient Occupancy Taxes (TOT) fund balance to the Community Facilities Capital Improvement Budget for the Spectator Seat Replacement (Agreement 2024-014) at Mechanics Bank Arena. (Ward 2) (Staff recommends approval of the appropriation.) h. Successor Agency Business: None. Public Safety/Vital Services Measure: None. City Clerk Drimakis announced a staff memorandum was received transmitting correspondence for item 7.c.1. Motion by Vice Mayor Gonzales to adopt Consent Calendar items 7.a. through 7.i. Motion approved with Councilmembers Weir and Kaur absent. 8. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider a resolution ordering Summary Vacation of two Temporary Sewer Easements located at 1400 and 1500 Taft Highway. (Ward 7) (Staff recommends adoption of the resolution.) RES 034-2024 b. Public Hearing to consider a resolution ordering Summary Vacation of an existing Temporary Turnaround within the northeast corner of Parcel Map 11473 Parcel 2 located at 4801 Massey Drive, west of Cottonwood Road, northeast Pacheco Road. (Ward 1) (Staff recommends adoption of the resolution.) RES 035-2024 C. Public Hearing to consider a resolution ordering Vacation of Public Utility Easement and Sewer Easement at 900 H Street. (Ward 2) (Staff recommends adoption of the resolution.) 1 RES 036-2024 Bakersfield, California, March 27, 2024 - Page 9 8. CONSENT CALENDAR PUBLIC HEARINGS continued City Clerk Drimakis announced a staff memorandum was received transmitting correspondence for item 8.a. Consent Calendar Public Hearings items 8.a. through 8.c., opened at 6:58 p.m. No one spoke. Consent Calendar Public Hearings items 8.a. through 8.c., closed at 7:00 p.m. Motion by Vice Mayor Gonzales to approve Consent Calendar Public Hearing items 8.a. through 8.c. Motion approved with Councilmembers Weir and Kaur absent. 9. HEARINGS a. Public hearing to consider resolution setting City of Bakersfield's Domestic Water Availability Fee for service areas of the City's Domestic Water System. (Staff recommends adoption of the resolution.) RES 037-2024 Water Resources Director Budak made staff comments. Hearing item 9.a. opened at 7:04 p.m. No one spoke in opposition or favor. Hearing item 9.a. closed at 7:06 p.m. Motion by Vice Mayor Gonzales to approve the staff recommendation. Motion approved with Councilmembers Weir and Kaur absent. b. Public Hearing to consider First reading of an ordinance amending Bakersfield Municipal Code Title 17 Amendments by adding, deleting, and amending various Sections primarily related to residential parking standards. (Staff recommend deliberations and conduction first read of the ordinance.) Development Services Director Boyle made staff comments. Hearing item 9.b. opened at 7:08 p.m. No one spoke in opposition or favor. Hearing item 9.b. closed at 7:10 p.m. Motion by Councilmember Gray to delay First Reading of the ordinance for further discussion. Motion failed with Vice Mayor Gonzales and Councilmember Arias voting no and Councilmembers Weir and Kaur absent. Motion by Councilmember Arias to approve First Reading of the ordinance. Motion approved with Councilmembers Freeman and Gray voting no and Councilmembers Weir and Kaur absent. 10. REPORTS None. 11. DEFERRED BUSINESS None. Bakersfield, California, March 27, 2024 - Page 10 12. NEW BUSINESS None. 13. COUNCIL AND MAYOR STATEMENTS Vice Mayor Gonzales made comments regarding the finding of the non-profit organization Children First. Vice Mayor Gonzales requested staff continue their research and analysis to add an additional 50 beds at the Brundage Lane Navigation Center and present the information at a future City Council meeting prior to the upcoming Fiscal Year Budget hearings. Vice Mayor Gonzales requested staff save an arena seat from a future arena seating replacement project for Mrs. Hanson "Dancing Granny" and provide it to her family in recognition of her community spirit. Councilmember Arias requested staff include a review of alternative sites for emergency shelter that the city may potentially invest in as part of their analysis. Mayor Goh requested staff author a letter of support SB1414 (illegal to solicit a minor for commercial sex), SB1171 (add CA Breast Cancer Research and CA Cancer Research to the list of voluntary contribution personal income tax list) and SB1063 (QR code on grade 7-12 student IDs with direct links to County Mental Health resources). 14. ADJOURNMENT Mayor Goh adjourned at 7:34 p.m. i KAREN GOH MAYOR of the City of Bakersfield ATTEST: ULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 1 1 1