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HomeMy WebLinkAbout04/10/24 CC MEETING MINUTES 3:30 AND 515h BAKERSFIELD CITY COUNCIL MINUTES MEETING OF April 10, 2024 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings — 3:30 p.m. and 5:15 p.m. REGULAR MEETING — 3:30 p.m. 1. ROLL CALL Present: Mayor Goh, Vice Mayor Gonzales, Councilmembers Arias, Weir (seated at 3:41 pm), Smith, Freeman, and Gray Absent: Councilmember Kaur 2. PUBLIC STATEMENTS a. Non- Agenda Item Public Statements 1. Roman Matero spoke regarding empty buildings due to bankruptcy closures and encouraged the Council to acquire the lots for housing. 2. Paul Linfesty spoke regarding recent disturbances during Council meetings and made suggestions regarding the amount of time given to public speakers. 3. Michael Turnipseed spoke regarding items on the 5:15 agenda, specifically items 7.c.1., 7.d.5., 7.d.6., and 7.g.1., (written material provided). b. Agenda Item Public Statements None. 3. REPORTS None. 4. CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(1) regarding the following three matters: 1. Jane Doe v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-19-100312 2. Blas Parra, by and through his guardian ad litem, Joseph Etienne v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-18-100718 3. Alton Lee Gordon v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-22-101511 b. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(2)(e)(1) (One matter) Motion by Vice -Mayor Gonzales to adjourn to Closed Session at 3:41 p.m. Motion approved. The Closed Session meeting was adjourned at 5:07 p.m. Meeting reconvened at 5:08 p.m. 6 ? 9 Bakersfield, California, April 10, 2024 - Page 2 5. CLOSED SESSION ACTION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(1) regarding the following three matters: 1. Jane Doe v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-19-100312 2. Blas Parra, by and through his guardian ad litem, Joseph Etienne v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-18-100718 3. Alton Lee Gordon v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-22-101511 No reportable action on the three matters. 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. 6. ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting at 5:08 p.m. 6 Bakersfield, California, April 10, 2024 - Page 3 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 Dr. Donald Barett, First Presbyterian Church. 3. PLEDGE OF ALLEGIANCE By Councilmember Smith. 4. PRESENTATIONS None. 5. PUBLIC STATEMENTS a. Non- Agenda Item Public Statements 1. Randy Benson, Western States Carpenters, spoke regarding Construction Industry Tax Fraud. 2. Alexandra Brown spoke regarding being more proactive regarding preserving sufficient flow in the Kern River. 3. Sandra Plascencia, Leadership Counsel (written material provided), Timothy Sheehan and Wendell Wesley and Veronica Monterroso, spoke regarding a request for a resolution for a pilot eviction protection program. Vice Mayor Gonzales requested staff provide an update regarding allocated funding for eviction protection program and refer the item to the Housing and Homelessness committee. 4. Roman Matera spoke in support of eviction protection and right to counsel programs and the closure of the 99-cent stores that could be an opportunity to repurpose the property. 5. Irvin Pike expressed his appreciation of the City Council and the Mayor. 6. Jose Garcia spoke regarding the conservation of the Kern River, spoke in support of a climate action plan, and provided comments in opposition to the war in Gaza. 7. Richard Oneil, Bring back the Kern Local Organization non-profit, expressed appreciation for allowing water down the Kern River and improving the quality of life in the city. 8. Riddhi Patel spoke in support of the City Council adopting a resolution condemning the conflict in Gaza. b. Agenda Item Public Statements 1. Ashley Vegas (written material provided), Yuss B., Martin, Maria Quinonez, Riddhi Patel, Lance Mack, Kev, Valeria, and Gabi spoke in opposition to item 7.d.1. Bakersfield, California, April 10, 2024 - Page 4 5. PUBLIC STATEMENTS continued Item 5.b. continued 2. Dave Dmohowski, Scott Thayer, spoke in opposition of item 7.c.1 and requested the Council pull the item for separate consideration. 6. APPOINTMENTS None. 7. CONSENT CALENDAR a. Minutes: Approval of minutes of the March 27, 2024, Regular City Council Meeting. (Staff recommends approval of the minutes.) b. Payments: Receive and file department payments from March 15, 2024, to March 28, 2024, in the amount of $15,829,391.68 and Self Insurance payments in the amount of $44,788.71, totaling $15,874,180.39. (Staff recommends receiving and filing the report.) C. Ordinances: Adoption of an Ordinance amending Bakersfield Municipal Code Title 17 Residential Parking Standards by adding deleting, and amending various Sections primarily related to residential parking standards. (FR 03/27/2024) (Staff recommends adoption of the ordinance.) REMOVED FOR SEPARATE CONSIDERATION. See page 8. d. Resolutions: Resolution adopting Physical Security Protocols at Public City Buildings. (Staff recommends adoption of the resolution.) RES 038-2024 2. Resolution authorizing the distribution of $1,000,000 from California Arts Council to The Historic Bakersfield Fox Theater for The Next 100 Years Project. (Ward 2) (Staff recommends adoption of the resolution.) RES 039-2024 3. Resolution determining urgent repairs to Fire Department ladder truck cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding due to restricted availability of parts and services not to exceed $65,000. (Staff recommends adoption of the resolution.) RES O40-2024 4. Dispense with bidding for the purchase of four side loading garbage trucks for the Solid Waste Division 2024 (Staff recommends adoption of the resolution and approval of the purchase.) Bakersfield, California, April 10, 2024 - Page 5 7. CONSENT CALENDAR Item TdA continued Resolution determining that side loading garbage trucks can most efficiently be obtained through cooperative procurement bidding procedures from E.M. Tharp Inc., dba Golden State Peterbilt and authorizing the Finance Director to dispense with bidding thereof, not to exceed $2,153,870. RES O41-2024 2. Appropriate and transfer $353,870 Refuse Enterprise Fund Balance to the Public Works Department's Operating Budget within the Equipment Management Fund to complete the purchase of four units. 5. Resolution to add Area 5-127 (705 S Union Ave) to 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 adoption of the resolution.) RES O42-2024 6. Resolutions of Intent to add and amend the following to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report: (Staff recommends adopting the resolutions of intention.) ROI No 2195 adding and amending Area 4-125 (301 Espee Street): Street Tier = 1; Park Tier = 0 — (Ward 2) ROI 2195 2. ROI No 2196 adding and amending Area 4-143 (1624 24th Street): Street Tier = 2; Park Tier = 0 — (Ward 2) R012196 3. ROI No 2197 adding and amending Area 5-119 (Tract 7405): Street Tier = 2; Park Tier = 0 — (Ward 1) R012197 7. Resolutions Updating Benefit Language Related to CalPERS - Fire Supervisory and Management. (Staff recommends approval of the resolutions.) Amendment No. 1 to Resolution No. 204-2022 approving the Memorandum of Understanding, Setting Salaries and Related Benefits for the Fire Supervisory Unit of the Fire Department of the City of Bakersfield. RES 204-2022(1) 2. Amendment No. 9 to Resolution No. 098-2023 Setting Salaries and related Benefits for Officers and Employees of the General Supervisory and Management Units. RES 098-2023(9) 4 63 3 Bakersfield, California, April 10, 2024 - Page 6 7. CONSENT CALENDAR continued e. Agreements: Agreement with Dream Factory Software Inc. (not to exceed $64,000), for the purchase of a one-year subscription for Application Programming Interface software. (Staff recommends approval of the agreement.) AGR 2024-085 2. Agreement with S.J. Electro Systems Inc. DBA PRIMEX (not to exceed $64,350) to monitor and support SCADA lift stations. (Staff recommends approval of the agreement.) AGR 2024-086 3. Agreement with Golden Empire Affordable Housing, Inc. II ($1,259,919) for the Construction of Affordable Housing located at 610 and 624 4th Street. (Ward 2) (Staff recommends approval of the agreement.) AGR 2024-087 4. Agreement with HP INC. (not to exceed $500,000), for managed print services, including both provision of services and necessary products for the ongoing maintenance and use of printers. (Staff recommends approval of the agreement.) REMOVED BY STAFF. 5. Amendment No. 1 to Agreement No. PD 2023-016 with MJS Solutions, LLC ($40,000; not to exceed $80,000), to continue commercial cleaning services and the City of Bakersfield Animal Care Center. (Staff recommends approval of the agreement.) AGR 2024-088 6. Amendment No. 2 to Agreement No. 2022-099 with BDM Inc. (extend term to June 1, 2025), to allow additional time to complete the AC installation for the Bakersfield Police Department Property Room located at 3425 Truxtun Avenue. (Ward 2) (Staff recommends approval of the amendment.) AGR 2022-099 (2) 7. Contract Change Order Nos. 17, 36, 38, 49, 57, 82, 84. 94, 98, 122, and 129 to Agreement No. 19-069 with Security Paving Company (increasing compensation by $227,604.34; revised not to exceed $151,181,263.19) for the Centennial Corridor Mainline Project. (Wards 1, 2, & 3) (Staff recommends approval of the change orders.) CCO 19-069 (17), (36), (38), (49), (57), (82), (84), (94), (98), (122), (129) f. Bids: Furnish and Install Radar Feedback Signs: (Staff recommends acceptance of low bid and approval of contract.) Bakersfield, California, April 10, 2024 - Page 7 7. CONSENT CALENDAR continued Item M.1. continued Accept bid and approve contract with Total -Western, Inc. (not to exceed $273,544.12), for installation of radar feedback signs at various locations in the City. (Wards 1, 2, 3, 5, 6 & 7) AGR 2024-089 2. Authorize staff to approve via Change Order(s), as necessary, up to $15,000 in City -controlled contingency for unforeseen conditions encountered during construction of said project. 2. Adaptive Signal Coordination Mt. Vernon Avenue between Bernard Street and Panorama Drive: (Staff recommends acceptance of low bid and approval of contract.) Accept bid and approve contract with High -Light Electric, Inc. (not to exceed $663,977), for said project. AGR 2024-090 2. Authorize staff to approve via Change Order(s), as necessary, up to $15,000 in City -controlled contingency for unforeseen conditions encountered during construction of said project. (Ward 3) 3. Accept bid and approve contract with Autolift Services, Inc. (not to exceed $342,781), to furnish and install two 78K platform lifts for the Fleet Division. (Staff recommends acceptance of the bid and approval of contract.) AGR 2024-091 g. Miscellaneous: Acceptance of Audit Reports for the 2021-22 Fiscal Year: (Budget and Finance Committee recommends acceptance of the reports.) 1. Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2022. 2. Agreed Upon Conditions Report for the fiscal year ended June 30, 2022. 3. Auditor Communication with Those Charged with Governance (SAS 114 Letter) for fiscal year ended June 30, 2022. 4. Independent Auditors Report — Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2022. 5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended, June 30, 2022. 6. Independent Auditors Report — Mechanics Bank Arena, Theater, Convention Center, Dignity Health Amphitheatre & Valley Children's Ice Center for the fiscal year ended June 30, 2022. Agreed Upon Procedures Report (Public Safety and Vital Services) for the fiscal year ended June 30, 2022. Single Audit Report for the fiscal year ended June 30, 2022. A 6 5 5 Bakersfield, California, April 10, 2024 - Page 8 7. CONSENT CALENDAR continued h. Successor Agency Business: Receive and file Successor Agency payments from March 15, 2024, to March 28, 2024, in the amount of $1,400. (Staff recommends report be received and filed.) Public Safety/Vital Services Measure: Amendment No. 4 to Design Consultant Agreement No. 2021-257 with MIG, Inc. (extending term to May 3, 2026), for the Recreation and Parks Department master plan update. (Staff recommends approval of the amendment.) AGR 2021-257 (4) 2. Amendment No. 3 to Design Build Construction Projects Agreement No. 2021- 183 with Playcore Wisconsin Inc DBA Gametime ($1,800,000; revised not to exceed $11,520,182 and extend term to August 9, 2025), to provide playground equipment, outdoor fitness equipment, site accessories, surfacing and other related products and services for City parks. (Staff recommends approval of the amendment.) AGR 2021-183 (3) 3. Amendment No. 1 to Reciprocal Easement and Road Maintenance Agreement City Deed No. 7973, Recorded in the Office of the Kern County Recorder as Document No. 0214099525 on August 14, 2014, with CIC South Mill Creel, LP, Mill Creek Courtyard CIC, LP, and Creekview Villas Owners Association for fence design and construction. (Ward 2) (Staff recommends approval of the amendment.) DEED 7973 (1) City Clerk Drimakis announced staff memorandums were received for items; 7.c.1., transmitting correspondence, item 7.d.1, transmitting an amended exhibit A, and item 7.e.4., requesting the item be removed from the agenda. Councilmember Freeman requested item 7.c.1. be removed for separate consideration. Motion by Vice Mayor Gonzales to adopt Consent Calendar items 7.a. through 7.i. with the removal of Consent Calendar item 7.c.1. for separate consideration. Motion unanimously approved. c.1. Adoption of an Ordinance amending Bakersfield Municipal Code Title 17 Residential Parking Standards by adding deleting, and amending various Sections primarily related to residential parking standards. (FIR 03/27/2024) (Staff recommends adoption of the ordinance.) ORD 5175 Motion by Councilmember Smith to adopt staff recommendations. Motion approved with Councilmembers Weir, Freeman, and Gray voting no. 8. CONSENT CALENDAR PUBLIC HEARINGS None. Bakersfield, California, April 10, 2024 - Page 9 9. HEARINGS a. Public hearing to consider first reading of an Ordinance for Zone Change No. 24- 0055 on approximately 998 acres changing zone classifications from A (Agriculture), E (Estate), E-1A (Estate One Family Dwelling — 1 acre minimum), R-S (Residential Suburban), R-S-10A (Residential Suburban — 10 acre minimum), R-S-SA (Residential Suburban — 5 acre minimum), R-1 (One Family Dwelling), R-1-4.5(One Family Dwelling 4,500 sf minimum lot size), R-1-CH (One Family Dwelling -Church Overlay), R-1-CH-HD (One Family Dwelling -Church and Hillside Development Overlay), R-1- HD (One Family Dwelling - Hillside Development Overlay), R-2 (Limited Multiple Family Dwelling), R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development), R-3 (Multiple Family Dwelling), PCD (Planned Commercial Development), C-O (Professional and Administrative Office), C-O/PCD (Professional & Administrative Office/Planned Commercial Development), C-1 (Neighborhood Commercial), C-2 (Regional Commercial), C-2/PCD (Regional Commercial/Planned Commercial Development), M-1 (Light Manufacturing), M-2 (General Manufacturing), and P (Automobile Parking) to MX-1 (Mixed -Use Neighborhood), MX-2 (Mixed -Use Transit), R-2 (Small Lot Single -Unit Dwelling), R-3 (Medium Density Multi -unit Dwelling), R-4 (High -Density Multi -Unit Dwelling), R-4-HD (High -Density Multi -Unit Dwelling — Hillside Development Overlay), and R-5 (Very -High Density Multi -Unit Dwelling) on approximately 998 acres throughout the City of Bakersfield to facilitate compliance with California's Housing Element Law. (All Wards) (City Staff and the Planning Commission recommend first reading of the ordinance.) Development Services Director Boyle made staff comments and provided a PowerPoint Presentation. Hearing item 9.a. opened at 6:43 p.m. The following spoke in opposition to staffs recommendations, Sandra Placencia, Dave Thomas, Mark McGardy, Cheryl Thomas, Wendel Wesley Jr., Veronica Monterosso, Timothy Sheehan, Norma Diaz. The following spoke in favor of staff's recommendations, Roman Matera, Mark McGardy. Hearing item 9.a. closed at 7:06 p.m. Motion by Councilmember Smith to adopt staff's recommendations. Motion was unanimously approved. 10. REPORTS None. 11. DEFERRED BUSINESS None. 12. NEW BUSINESS None. 13. COUNCIL AND MAYOR STATEMENTS Councilmember Kaur expressed Birthday wishes to Delores Huerta and with Councilmember Arias refer to staff the naming of a major thoroughfare for Cesar Chavez. Bakersfield, California, April 10, 2024 - Page 10 13. COUNCIL AND MAYOR STATEMENTS continued Vice -Mayor Gonzales requested staff research allocating funding for property owners affected by the name change, also establishing a renaming policy to planning and development committee. Vice -Mayor Gonzales requested staff research unallocated ARPA dollars to assist Open Door Network funding cuts. Vice -Mayor Gonzles requested staff research in developing a program assisting with one-time dollars regarding medical treatment for the homeless with Good Samaritan Hospital and St. Vincent De Paul. 14. ADJOURNMENT Mayor Goh adjourned at 7:31 p.m. \-.� lbl/ KAREN GOH MAYOR of the City of Bakersfield ATTEST: &48�m A J LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield