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HomeMy WebLinkAbout11/06/24 CC MINUTESri BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 6, 2024 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 Weir, Smith, Freeman, Gray and Kaur Absent: Councilmember Arias 2. PUBLIC STATEMENTS 2.a. Non -Agenda Item Public Statements None. 2.b. Agenda Item Public Statements None. 3. CLOSED SESSION, 3.a. Conference with Real Property Negotiators pursuant to Government Code Section �7 54956.8 Property: Property for sale located at 2157-2221 Mohawk St., Bakersfield, CA 93308, on the west side of Mohawk from Rosedale Hwy to Westside Parkway. The property is 44.81 acres in size, zoned "M3 and M2", and is improved with multiple buildings; with an approximate 53,150 square feet of space on the Property. Agency Negotiators: City Manager Christian Clegg or Designee Negotiating Parties: Barry Hibbard, SVP ASU, or Designee Under Negotiation: Price and terms of payment for purchase Motion by Vice Mayor Gonzales to adjourn to Closed Session at 3:32 p.m. The Closed Session meeting was adjourned at 4:51 p.m. Meeting reconvened at 4:52 p.m. Bakersfield, California, November 6, 2024 - Page 2 �t. CLOSED SESSION ACTION 3.a. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8 Property: Property for sale located at 2157-2221 Mohawk St., Bakersfield, CA 93308, on the west side of Mohawk from Rosedale Hwy to Westside Parkway. The property is 44.81 acres in size, zoned "M3 and M2", and is improved with multiple buildings; with an approximate 53,150 square feet of space on the Property. Agency Negotiators: City Manager Christian Clegg or Designee Negotiating Parties: Barry Hibbard, SVP ASU, or Designee Under Negotiation: Price and terms of payment for purchase Staff was given direction. 5. ADJOURNMENT Mayor Goh adjourned the meeting at 4:52 p.m. D 7 Bakersfield, California, November 6, 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 Introduction of students participating in the 67th Teen Government Day. Albert Abad, Stockdale High School (Mayor); Gloria Huestis, Shafter High School (Vice - Mayor Gonzales); Alexandria Rivera Cruz, Del Oro High School (Councilmember Arias); Thomas Woods, Bakersfield High School (Councilmember Weir); Abigail Snider, Centennial High School (Councilmember Smith); Sydney VanFossen, Foothill High School (Councilmember Freeman); Brandon Antongiovanni, Garces High School (Councilmember Gray), Vaughn Forsyth, Independence High School (Councilmember Kaur); Yahaira Mata, Ridgeview High School (City Attorney Gennaro); Angel Gallardo Aguilar, East Bakersfield High School (City Manager Clegg); Andrea Sanchez, Foothill High School (Development Services Director Burns), Braden Mendiburu, Liberty High School (Public Works Director Meyer), Samuel Ayeni, Frontier High School, (City Clerk Drimakis) 2. INVOCATION by Rick Knight, Portrait of Warrior Gallery, US Marine Corp Veteran. 3. PLEDGE OF ALLEGIANCE by Jose Lopez, Kern County Veteran Services Officer, US Army Veteran. 4. PRESENTATIONS None. 5. PUBLIC STATEMENTS 5.a. Non -Agenda Item Public Statements None. 5.b. Agenda Item Public Statements 1. Sandra Melgoza, Current Policy Advocate, Leadership Council for Justice and and Wendell Wesley Jr., spoke in regards item 7.e.5. 2. Ashe Huang, Fellow, ACLU of Southern California and Rosa Lopez spoke regarding item 7.c.1., a first reading of an ordinance relating to sleeping in public places. 6. APPOINTMENTS None. 7. CONSENT CALENDAR a. Minutes: 7.a.1. Approval of minutes of October 23, 2024, Regular City Council Meeting. (Staff recommends approval of the minutes.) Bakersfield, California, November 6, 2024 - Page 4 i�. CONSENT CALENDAR b. Payments: 7 7.b.1. Receive and file department payments from October 11, 2024, to October 24, 2024, in the amount of $19,339,881.54 and Self Insurance payments in the amount of $437,805.83 totaling $19,777,687.37. (Staff recommends receive and file report.) C. Ordinances: 7.c.1. Adoption of the following ordinances amending various sections of the Bakersfield Municipal Code: (FR 10/23124) (Staff recommends adoption of the ordinance amendments.) Amending Section 3:20.060 relating to Bidding. ORD 5187 2. Amending Section 5.32.050 relating to Massage Establishment Permits. ORD 5188 3. Amending Chapter 9.70 relating to Sleeping in Public Places. ORD 5189 4. Amending Section 12.56.020 relating to Definitions in the Parks Chapter. ORD 6190 5. Amending Sections 12.56.050 relating to Prohibited Acts in Parks. ORD 5191 cf. Resolutions: 7.d.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. (Wards 1, 2, 3, 4, 5 & 6) (Staff recommends adoption of the resolution.) RES 154-2024 7.d.2. Resolution to dispense with bidding with formal bidding procedures in the purchase of Cellebrite hardware and software and authorizing the use of cooperative procurement contracts with Carahsoft Technology Corp. for the purchase of Cellebrite hardware and software, not to exceed $150,000. (Staff recommends adoption of the resolution.) RES 156-2024 7.d.3. Dispense with bidding for the purchase of prefabricated precast concrete modular buildings for Recreation and Parks Dept 7 (Staff recommends adoption of the resolution and approval of the agreement.) Bakersfield, California, November 6, 2024 - Page 5 7. CONSENT CALENDAR continued item 7.d.3. continued Resolution determining that the prefabricated precast concrete modular buildings cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $672,461. RES 156-2024 2. Agreement with StructureCast (not to exceed $672,461) for the supply, delivery, and install prefabricated precast concrete modular restroom buildings at Jefferson Park and Stiern Park. (Wards 1 & 2) AGR 2024-290 7.d.4. Resolutions to add the following territories to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Reports for each: (Staff recommends adoption of the resolutions.) Area 4-292 (210 Clyde Street): Street Tier = 1; Park Tier = 1 — Ward 2 RES 157-2024 2. Area 4-293 (3019 Panama Street): Street Tier = 1; Park Tier = 0.5 — Ward 3 RES 158-2024 3. Area 4-294 (1331 24th Street): Street Tier = 1; Park Tier = 1 — Ward 2 RES 159-2024 4. Area 4-295 (1120 Gage Street): Street Tier = 1; Park Tier = 1 — Ward 2 RES 160-2024 5. Area 5-133 (1903 Filson Street): Street Tier = 0; Park Tier = 0 — Ward 1 RES 161-2024 7.e. Agreements: 7.e.1. Final Map, Improvement Agreement, and Landscape Agreement with Deertrail Abbey Court 1 LLC. Tract 6939 Phase 1 Developer is requesting to enter into an agreement so the final map for Tract 6939 Phase 1, located at the Southeast corner of South Fairfax Road and Redbank Road. (Ward 1) (Staff recommends approval of the Final Map, Improvement Agreement, and Landscape Agreement.) AGR 2024-291, AGR 2024-292 7.e.2. Final Map, Improvement Agreement, and Landscape Agreement with TPG AG EHC III (HOV) CA 3, LP Tract 7213 Phase 1 Developer is requesting to enter into agreements so the final map for Tract 7213 Phase 1 located on the east side of Ashe Road, north of McCutchen Road can be approved and recorded. (Ward 7) (Staff recommends approval of the Final Map, Improvement Agreement, and Landscape Agreement.) AGR 2024-293, AGR 2024-294 7 8 Bakersfield, California, November 6, 2024 - Page 6 i►. CONSENT CALENDAR continued 7.e.3. Final Map and Improvement Agreement with TPG AG EHC III (HOV) CA 3, LP Tract 7213 Phase 2 Developer is requesting to enter into an agreement so the final map for Tract 7213 Phase 2 located on the east side of Ashe Road, north of McCutchen Road can be approved and recorded. (Ward 7) (Staff recommends approval of the Final Map and Improvement Agreement.) AGR 2024-295 7.e.4. Engineering Review Support Agreement with California High -Speed Rail Authority (Staff recommends approval of the Engineering Review Support agreement.) AGR 2024-296 7.e.5. Amendment No.1 to Agreement No. 2024-170 with Greater Bakersfield Legal Assistance ($100,000; not to exceed $450,000) to increase compensation and expand the pilot Eviction Protection Program. (Staff recommends approval of the amendment.) AGR 2024-170 (1) 7.e.6. Amendment No. 4 to Agreement No. 2020-266 with California Highway Adoption Co. (increase compensation by $896,486.40 and extend term to December 31, 2025), to continue litter and bulky waste abatement services. (Staff recommends approval of the amendment.) AGR 2020-266 (4) 7.e.7. Amendment No. 2 to Agreement No. 2022-255 with Jack Davenport Sweeping Services (increase compensation by $647,064 and extend Term to November 15, 2025) to continue the removal of litter and bulky waste abatement services. (Staff recommends approval of the amendment.) AGR 2022-255 (2) 7.e.8. Amendment No. 2 to Agreement 2023-042(B) with Clariti Cloud, Inc. (increasing compensation $98,853; revised not to exceed $2,991,186) to add additional data storage and user licenses to the Clariti Community Development software use. (Staff recommends approval of the amendment.) AGR 2023-042(B) (2) 7.e.9. Amendment No. 1 to Agreement 2024-210 with Griffin Structures, Inc. ($172,000; revised not to exceed $5,761,556), for Construction Management for Phase A, B, & C for the Dr. Martin Luther King Jr. Community Center and Park Revitalization Project. (Ward 2) (Staff recommends approval of the amendment.) REMOVED FOR SEPARATE CONSIDERATION. See page 7.e.10. Contract Change Order No. 111 to Agreement No. 19-069 (Mainline Project) with Security Paving Company (increasing compensation by $8,785.74; revised not to exceed $151,830,788.46) for the Centennial Corridor Mainline Project. (Wards 1, 2, & 3) (Staff recommends approval of the change order.) ` CCO 19-069 (111) an t Bakersfield, California, November 6, 2024 - Page 7 7. CONSENT CALENDAR continued 7.f. Bids: I 7.f.1. Accept bid and°approve contract with Nicholas Construction, Inc. ($5,309,010), for the Kern River Backup Weir. (Staff recommends acceptance of the low bid and approval of the contract.) AGR 2024-297 7.f.2. Pedestrian Safety Improvements (Staff recommends acceptance of low bid, approval of contract, and approval of City - controlled contingency.) 1. Accept bid and approve contract with J.L. Plank Inc. dba Cen-Cal Construction (not to exceed $679,325) for the construction of pedestrian safety improvements on Old Farm Road near Norris Elementary School, and on Morning Drive near Stiern Middle School. AGR 2024-298 2. Authorize staff to approve, as necessary, up to $30,000 in City -controlled contingency for unforeseen conditions encountered during construction of said project. (Wards 3 & 4) 7.0. Accept bid and approve purchase of a track drive electric low speed shredder for the Solid Waste Division (Staff recommend adoption of the resolution and approval of the appropriation and transfers to fund the purchase.) 1. Accept bid from Compass Equipment, Inc., Oroville, CA, in the amount of $995,853.99 for the Solid Waste Division. 2. Appropriate and transfer $285,814 Self -Insurance Fund Balance to the Public Works Department's Operating Budget. 3. Appropriate and transfer.$453,663 Refuse Enterprise Fund balance to the Public Works Department's Operating Budget. 4. Appropriate rental recovery rates collected in the amount of $256,377 Equipment Management Fund Balance to the Public Works Department's Operating Budget to fund the purchase of one unit. 7.g. Miscellaneous: None. 7.h. Successor Agency Business: None. 7.i. Public Safety/Vital Services Measure: 7.0. Dispense with Bidding Resolution for Body Worn Cameras for the Bakersfield Police Department (Staff recommends approval of the resolution and agreement.) 1. Resolution determining that -the Body Worn Cameras with Axon Enterprise, Inc., cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $4,128,036.81. RES 162-2024 T Bakersfield, California, November 6, 2024 - Page 8 7. CONSENT CALENDAR continued Item Ti.1. continued 2. Agreement with AXON Enterprise, Inc. (not to exceed $4,128,036.81 and a term date of December 31, 2029), for the body worn camera services for the Bakersfield Police Department.. AGR 2024-299 7.i.2 Transition from Taser 7 to Taser 10 Energy Weapons for the Bakersfield Police Department (Staff recommends approval of the resolution and agreement.) Resolution determining that the Taser 10 Energy Weapons with Axon Enterprise, Inc. cannot be reasonably obtained through the usual bidding procedures an authorizing the Finance Director to dispense with bidding therefore, not to exceed $2,506,394.05. RES 163-2024 2. Agreement with AXON Enterprise, Inc. (not to exceed $2,506,394.05 and a term date of December 31, 2029), for a taser system for the Bakersfield Police Department. AGR 2024-300 7.i.3 Amendment No. 1 to Agreement No. RP22-043 with Meyer Civil Engineering ($40,000; revised not to exceed $52,824), for arch itectural/engineering'design for Jefferson Park and Stiern Park Restroom projects. (Wards 1 & 2) (Staff recommends approval of the amendment.) AGR RP2022-043 (1) City Clerk Drimakis announced a staff memorandum was received transmitting correspondence for item 7.c.1., from Ashe Huang. Councilmember Gray requested item 7.e.9. 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.e.9. for separate consideration. Motion unanimously approved. 7.e.9. Amendment No. 1 to Agreement 2024-210 with Griffin Structures, Inc. ($172,000; revised not to exceed $5,761,556), for Construction Management for Phase A, B, & C for the Dr. Martin Luther King Jr. Community Center and Park Revitalization Project. (Ward 2) (Staff recommends approval of the amendment.) AGR 2024-210 (1) Motion by Vice Mayor Gonzales to adopt Consent Calendar item 7.e.9. Motion unanimously approved. 8. CONSENT CALENDAR PUBLIC HEARINGS 8.a Public Hearing to consider resolution approving and adopting an adjusted fee for the Park Development and Improvement Fee. (All Wards) (Staff recommends approval of the resolution.) RES 164-2024 Bakersfield, California, November 6, 2024 - Page 9 8. CONSENT CALENDAR PUBLIC HEARINGS continued �I 8.b Public Hearing to consider a resolution to vacate a public utility easement in an alley behind 1629 California Avenue. (Ward 2) (Staff recommends approval of the grant agreement.) RES 165-2024 Consent Calendar Public Hearing items 8.a. and 8.b. opened at 6:10 p.m. Dave Dmohowski spoke on item 8.a. Consent Calendar Public Hearing items 8.a. and 8.b. closed at 6:15 p.m. Motion by Vice Mayor Gonzales to adopt Consent Calendar Public Hearings 8.a. and 8.b. Motion unanimously approved. 9. HEARINGS None. 10. REPORTS None. 11. DEFERRED BUSINESS None. 12. NEW BUSINESS 12.a. Resolution setting dates of the Regular City Council Meetings, Department Budget Presentations and Budget Hearing for January through December 2025. (Staff recommends Council determination.) RES 166-2024 City Manager Clegg made staff comments. Motion by Vice Mayor Gonzales to adopt the resolution. Motion unanimously approved. 13. COUNCIL AND MAYOR STATEMENTS Councilmember Gonzales requested staff review the following: scope of work for the Clean City Initiative to include abatement of illegal dumping on vacant lots and the Chronic Nuisance Ordinance to determine if it can be applied to vacant lots. Councilmember Freeman requested staff develop a strategic plan to address the State's Mandate for Zero -Emission Vehicles Regulation by 2035 and present regular updates to the City Council, including cost breakdown for EV replacements vs traditional replacements. Councilmember Gray made comments on a letter received by Carl Elliot regarding bicycle �j lanes. Councilmember Gray expressed appreciation to the City Managers regarding the Veteran flags. Bakersfield, California, November 6, 2024 - Page 10 14. ADJOURNMENT Mayor.Goh adjourned the meeting in honor of Veteran's Day at 6:32 p.m. KAREN GOH MAYOR of the City of Bakersfield ATTEST: ALIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield n 7,