HomeMy WebLinkAbout05/22/19 CC MINUTES3271
"A"es BAKERSFIELD CITY COUNCIL
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MINUTES
MEETING OF MAY 22, 2019
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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 Parlier, Councilmembers Rivera,
Gonzales (seated at 3:31 p.m.), Smith, Freeman, Sullivan
(seated at 3:45 p.m.)
Absent: Weir
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
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:
I . Gilberto Fajardo v. City of Bakersfield, et al., USDC Eastern
District Case No. 1:16-C V-00699-DAD-JLT
2. Timothy Grismore & Xavier Hines v. City of Bakersfield, et al.,
USDC Eastern District Case No. 1:17-Cv-00413-AWI-JLT
3. Rubio Rosoura Semo, et al v. City of Bakersfield, et al., USDC
Eastern District Case No. 1: 17 -CV -0 1290-LJO-JLT
b. Conference with Labor Negotiator pursuant to Government Code
Section 54957.6.
Motion by Vice -Mayor Parlier to adjourn to Closed Session at 3:31
p.m. Motion passed with Councilmembers Weir and Sullivan
absent.
The Closed Session meeting was adjourned at 5:24 p.m.
Meeting reconvened at 5:27 p.m.
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Bakersfield, California, May 22, 2019- 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:
1. Gilberto Fajardo v. City of Bakersfield, et al., USDC Eastern
District Case No. 1: 16-CV-00699-DAD-JLT
No reportable action.
2. Timothy Grismore & Xavier Hines v. City of Bakersfield, et al.,
USDC Eastern District Case No. 1: 17-Cv-00413-AWI-JLT
City Attorney was given direction with CouncUmember Weir
absent.
3. Rubio Rosouro Serna, et al v. City of Bakersfield, et al., USDC
Eastern District Case No. l: 17-CV-01290-LJO-JLT
City Attorney was given direction by a 5-1 vote.
Councilmember Weir absent.
b. Conference with Labor Negotiator pursuant to Government Code
Section 54957.6.
No reportable action.
6. ADJOURNMENT
Mayor Goh adjourned the 3:30 p.m. meeting at 5:27 p.m.
REGULAR MEETING- 5:34 p.m.
1. ROLL CALL
Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera,
Gonzales, Smith, Freeman, Sullivan
Absent: Weir
2. INVOCATION
by Pastor Rob Dalrymple, Senior Pastor of Northminster Presbyterian
Church.
3. PLEDGE OF ALLEGIANCE
by Rebecca Moeder, United States Army Veteran.
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Bakersfield, California, May 22, 2019- Page 3
4. PRESENTATIONS
a. Proclamation to Aaron Meyer, President of the American Public
Works Association - Kern Branch, declaring National Public Works
Week in Bakersfield during the week of May 19.
Mr. Meyer accepted the proclamation and made comments.
5. PUBLIC STATEMENTS
a. Curtis Bingham, Sr. expressed appreciation and gave blessings to
Mayor Goh, Councilmembers, and the Police Department for the
work they do for the City.
b. Devon Johnson expressed his concern with the representation of
Ward 1.
C. Neel Sanhoppa suggested the Council revote the entire Measure N
Oversight Committee and appoint at least four female members in
order to adequately represent the voters within the city limits; and
spoke in opposition of placing "in God We Trust' on the Police
vehicles.
d. Fred Porter expressed concern with the increase of homelessness
and vandalism on his property located at 1200 210 Street.
Counctimember Gonzales requested staff reach out to Mr. Porter to
address his concerns.
e. The following individuals spoke in support of placing "In God We
Trust' decals on all Police vehicles and requested this matter be
placed on the agenda for the next City Council meeting:
Reverend Angelo Frazier (submitted written material); Jim Coyle;
Pastor David Vivas, Jr.; T.J. Esposito; Sheryl Turner; and Brandon
Martin.
Councilmember Sullivan requested the time for Public Statements
be extended for the remaining speakers on this matter.
Motion by Vice -Mayor Parlfer to extend the time for Public
Statements. Motion passed with Councilmember Weir absent.
The following individuals spoke in opposition spoke to placing "In
God We Trust' decals on Police Vehicles: Seven Bates; Jennifer
Bloomquist; Laura Sanchez; and John Scott.
Councilmember Sullivan requested staff place this matter on the
agenda for the next City Council meeting.
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Bakersfield, California, May 22, 2019- Page 4
6. WORKSHOPS
a. City Council Goals Update
(Staff recommends that the City Council review the compiled feedback for the
2019-2020 goals and provide staff direction on the final document format and
content.)
City Clerk Drimokis announced that a staff memorandum was
received transmitting Mayor and Councilmember comments
regarding this item.
Administrative Analyst Carrier made staff comments and provided
a PowerPoint presentation.
Councilmember Gonzales requested the City Council Goals be
reformatted Into a matrix structure.
Councilmember Gonzales requested that the goals include a
section on measurements and outputs similar to Santa Clara's
example.
Councilmember Gonzales requested that Urban Renewal for older
areas of the city that are not eligible for CDBG funding for curb
gutter and sidewalks projects, be included in the goals.
Councilmember Smith requested that the public safety goal
include language on bicycle and pedestrian safety.
Councilmember Rivera requested that the City Council goals
include language referencing the pavement condition index of
streets and targeting those with low scores for repair.
Councilmember Rivera requested that language be included in the
City Council goals on building the reserve fund.
Councilmember Freeman requested that the overarching goals for
this year be more speck and have more detail.
Mayor Goh recessed the meeting at 6:54 p.m. and reconvened the meeting at
7:03 p.m.
b. Don't Create a Monster- Think Before You Flush Public Outreach
Campaign.
(Staff recommends receiving and filing the presentation.)
Public Works Director Fidler made staff comments and provided a
PowerPoint presentation and written materials.
Councilmember Gonzales requested materials for future City
campaigns to be available in Spanish.
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Bakersfield, California, May 22, 2019— Page 5
6. WORKSHOPS continued
ITEM 6.b. CONTINUED
1
Councilmember Parlier requested that the Sikh and Punjabi
community be included in outreach efforts for future City
campaigns.
Motion by Vice -Mayor Parlier to receive and file the presentation.
Motion passed with Councilmember Weir absent.
7. APPOINTMENTS
a. Appointment of one Regular Committee Member to the Bakersfield
Public Safety/Vital City Services Measure Citizens Oversight
Committee.
City Clerk Drimakis announced applications for appointment were
received from the following individuals: Ray Chopro; Joanne
Duggar; Pamela McCarthy (Application Withdrawn(; Rebecca
Moore; Donna Peltier -Chaffee; Connie Perez-Andreesen: Marione
Reyes; Yerlaine Schneider; Evelyn Young Spath; and Meseret
Springer (ballots were used(.
City Clerk Drimakis announced no candidates received four votes
or more.
Second vote:
Ward 1
First vote:
Ward 2
Perez-Andreesen
Ward 1
Perez-Andreesen
�
Ward 2
Perez-Andreesen
Springer
Ward 3
Absent
Ward 7
Ward 4
Reyes
Ward 5
Springer
Ward 6
Moore
Ward 7
Perez-Andreesen
City Clerk Drimakis announced no candidates received four votes
or more.
Second vote:
Ward 1
Perez-Andreesen
Ward 2
Perez-Andreesen
Ward
Absent
Ward 4
Perez-Andreesen
Ward
Springer
Ward 6
Moore
Ward 7
Perez-Andreesen
Mayor Goh announced Connie Perez-Andreesen is appointed to
the Bakersfield Public Safety/Vital City Services Measure Citizens
Oversight Committee.
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Bakersfield, California, May 22, 2019- Page 6
7. APPOINTMENTS continued
b. Two appointments (at -large) to the Historic Preservation
Commission due to current vacancies (terms expire on March 20,
2020 and March 20, 2021).
City Clerk Drimakis announced applications for appointment were
received from Cheryl Long and Carolyn Dethlefson; and a staff
memorandum was received, transmitting the application from Nilo
Hogan which was inadvertently left out of the agenda packet.
First ballot (To fill the March 20. 2020 vacancy):
Ward 1
Dethlefson
Ward 2
Long
Ward 3
Absent
Ward 4
Long
Ward 5
Long
Ward 6
Long
Ward 7
Long
Motion by Vice -Mayor Parlier to appoint Cheryl Long to BII the
unexpired term on the Historic Preservation Commission, term to
expire on March 20, 2020. Motion passed with Councilmember
Weir absent. 7
Second ballot To fill the March 20 20211• J
Ward 1
Dethlefson
Ward 2
Dethlefson
Ward 3
Absent
Ward 4
Dethlefson
Ward 5
Dethlefson
Ward 6
Dethlefson
Ward 7
Hogan
Motion by Vice -Mayor Parlier to appoint Carolyn Dethlefson to the
Historic Preservation Commission, term to expire on March 20, 2021.
Motion passed with Councilmember Weir absent.
C. One appointment (at large) to the Miscellaneous Departments Civil
Service Board due to a vacancy (term to expire December 31,
2021)
City Clerk Drimakis announced applications for appointment were
received from Cheryl Long and Nila Hogan; advised that since
Cheryl Long was previously appointed to the Historic Preservation
her application for the Miscellaneous Civil Service Board is no
longer eligible, as members shall have no other association with
City government.
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Bakersfield, California, May 22, 2019— Page 7
7. APPOINTMENTS continued
ITEM 7.c. CONTINUED
Motion by Vice -Mayor Parlier to appoint Nita Hogan to a three-year
term on the Miscellaneous Ctvil Service Board, term to expire on
December 31, 2021. Motion passed with Councilmember Weir
absent.
d. One appointment to the Bakersfield Youth Commission due to a
current alternate vacancy in Ward 4 (term expires on July 20, 2020).
City Clerk Drimakis announced an application for appointment was
received from Gina Yum.
Motion by Councilmember Smith to appoint Gina Yum as the
alternate member, term to expire July 20, 2020. Motion passed with
Councilmember Weir absent.
8. CONSENT CALENDAR
(Staff recommends adoption of Consent Calendar items.)
Minutes:
a. Approval of minutes of the May 8, 2019, Regular City Council
Meetings and the May 13, 2019, Budget Presentation Meeting.
Payments:
b. Receive and file department payments from April 26, 2019 to May
9, 2019 in the amount of $14,204,904.98, Self Insurance payments
from April 26, 2019 to May 9, 2019, in the amount of $345,611.42,
totaling $14,550,516.40.
Ordinances:
C. First reading of ordinance amending the Official Zoning Map in Title
17 of the Bakersfield Municipal Code by changing the zone district
from a Planned Commercial Development (P.C.D.) zone to a
revised P.C.D. zone on approximately 1.95 acres of a larger 16.75
acre commercial center generally located at 5601 California
Avenue (ZC #19-0021; McKently Malak Architects, Inc. representing
Dollinger Properties).
FR ONLY
d. First reading of an ordinance amending Bakersfield Municipal
Code Sections 1. 12.040 and 1. 12.070 by adding Annexation No. 676
consisting of 8.97 acres located north of Snow Road, along the east
side of Verdugo Road. Ward 3)
FR ONLY
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Bakersfield, California, May 22, 2019— Page 8
8. CONSENT CALENDAR continued
Resolutions:
e.
Resolution supporting Senate Bill 742 (Allen) allowing intercity
passenger motor coach transportation on Amtrak thruway bus
routes without requiring rail segments.
RES 063-19
f.
Resolution setting rates and equipment specifications for tow
truck services provided pursuant to contract with the City.
RES 064-19
g.
Resolution determining that the washer press required for the
handling of screenings at Wastewater Treatment Plant No. 2
cannot be reasonably obtained through the usual bidding
procedures and authorizing the Finance Director to dispense with
bidding therefor, not to exceed $66,000.
RES 065-19
h.
Resolution determining that parts and services required for the air
diffusers located at Wastewater Treatment Plant No. 3 cannot be
reasonably obtained through the usual bidding procedures and
authorizing the Finance Director to dispense with bidding therefor,
not to exceed $224,000.
RES 066-19
I.
Resolution approving Investment Guidelines as it relates to the
City's Retiree Medical Subsidy Trust.
RES 067-19
j.
Amendment No. 510 Resolution No. 064-18 setting salaries and
related benefits for officers and employees of the General
Supervisory, Police Supervisory, and Management unit for Assistant
City Manager.
RES 064-18(5)
k.
New Job Specification and Change to Salary Schedule:
1. Amendment No. 4 to Resolution No. 064-18 setting salaries
and related benefits for officers and employees of the
General Supervisory, Police Supervisory, and Management
Units for Public Information Officer
RES 064-18(4)
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Bakersfield, California, May 22, 2019— Page 9
8, CONSENT CALENDAR continued
ITEM 8.k. CONTINUED
2. New Job Specification: Public Information Officer #89310
I. Sewer connection fee assessment for 131 K Street:
Resolution confirming assessment for sewer connection fee
and authorizing the collection of assessment by the Kern
County Tax Collector.
RES 068-19
2. Agreement with Justiniono Morales, Sr., 131 K Street, to pay
the sewer connection fee through the Kern County Tax
Collector,
AGR 19-071
Agreements:
En. Agreement between the City of Bakersfield, County of Kern and
Bakersfield Association of Retarded Citizens for ($167,000) of
Community Development Block Grant funds to replace Tire
Shredding Facility at the Material Recovery Facility at 2240 South
Union Avenue.
AGR 19-072
n. Agreement with HIPS Mechanical, Inc. ($150,000 for a one year
term), for plumbing and boiler maintenance for Wastewater
Division.
FiTH:Mkff`I
o. Agreement with Allied Managed Care, Inc. ($435,000), to provide
utilization review services and nurse case management services for
the Self Insurance Workers' Compensation Program.
FTHakX`I
P. License agreement for purchase of Gray Key device and annual
license from Grayshift, LLC. ($15,075), to unlock Apple 10S devices
obtained in active investigations.
AGR 19-075
q. Agreement with Greater Bakersfield Legal Assistance, Inc.
($100,000) for Fair Housing Program Services.
AGR 19-076
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Bakersfield, California, May 22, 2019— Page 10
8. CONSENT CALENDAR continued
r. Agreement with Padre Hotels, Inc. to Subordinate a $1.8 Million
Section 108 Loan to an $11,566,181 Loan to Refinance Padre
Hotel's Existing Debt.
AGR 09-092(S2)
S. Lease Agreement with Best Holdings, LLC for a Fixed Based
Operator Leasehold at the Bakersfield Municipal Airport.
AGR 19-077
t. Master License Agreement with Verizon for the installation of
wireless communication equipment on City streetlights.
G@T3L'E?l8
U. Agreement with Telecom Law Firm (not to exceed $40,000) for
consultant services for reviewing permits for wireless
telecommunication facilities within City right-of-way.
Flrejtiklrlyl 9
V. Final Map, Private Improvement Agreement, and Public
Improvement Agreement with Jeremy Willer Construction, Inc. for
Tract 6543 located south of Panorama Drive and East of Crescent
Drive.
AGR 19-080
W. Final map and improvement agreement with Summit Capital
Ventures Inc., for Tract 7288 Phase 2located south of White Lane
and west of Buena Vista Road.
AGR 19-081
X. Final Map, Improvement Agreement, and Landscape Agreement
with Lennor Homes of California (Developer) for Tract 6531 Unit 2
located north of Berkshire and west of Mountain Ridge Drive.
AGR 19-083, AGR 19-084
Y. Median Fee Reimbursement Agreement with Sierra Oaks Partners,
LLC, ($75,000) for median construction and median landscaping on
White Lane between Windermere Street and Buena Vista Road.
AGR 19-085
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Bakersfield, California, May 22, 2019- Page 11
8, CONSENT CALENDAR continued
Z. Amendment No. 3 to Agreement No. 16-138 with Loop Electric Inc.
($150,000; revised not to exceed $810,920, and extend the term
one year), for vehicle loop cutting and horizontal boring.
AGR 16-138(3)
aa. Amendment No. 1 to Agreement No. 18-105 with Commercial
Cleaning Systems Inc., (increasing compensation $73,500 and
extend the term one year), to continue janitorial service at City Hall
North.
AGR 18-105(1)
ab. Amendment No. 1 to Agreement No. 18-106 with Safeway Sign Co.
($150,000; revised not to exceed $299,649.49 and extend the term
one year), to continue the supply of traffic signs.
AGR 18-106(1)
ac. Contract change order Nos. 16, 20, 21, 22, 24, 28, 35, 37, and 38 to
Agreement No. 18-135 with Granite Construction ($326,901.13;
revised not to exceed $34,658,218.65) for the Belle Terrace
Operational Improvements Project.
AGR 18-135 CCO 16, CCO 20, CCO 21, CCO 22, CCO 24, CCO 28, CCO
35, CCO 37, CCO 38
ad. Contract Change Order No. 14 and 16 to Agreement No. 18-154
with Griffith Company ($155,000.00; revised not to exceed
$28,429,564.00) for 24th Street Operational Improvements Project.
AGR 18-154 CCO 14, CCO 16
ae. Contract Change Order No. 24 to Agreement No. 17-171 with
Granite Construction Company ($22, 380.60; revised not to exceed
$8,193,831.12) for Truxtun Avenue Operational Improvements.
AGR 17-171 CCO 24
Bids:
of. Accept bid from Gibbs International, Incorporated, Bakersfield
($188,457.51) for the purchase of a knuckle boom trash loader truck
for the Water Resources Department.
ag. Accept bid and approve contract with Granite Construction
Company ($1,687,900) for the Pavement Rehabilitation of "H" Street
from 4th Street to Truxtun Avenue project (Senate Bill 1 funded).
AGR 19-086
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Bakersfield, California, May 22, 2019- Page 12
S. CONSENT CALENDAR continued
an. Accept bid and approve contract with DOD Construction
1■
f
($464,710) for the Street Improvements, North of Brundage Lane
and West of Union Avenue, Phase 5.
AGR 19-087
ai. Pavement Rehabilitation: District Blvd from Gosford Road to Stine
Road.
Accept bid and approve contract with Griffith Company
($4,921,630) for said project.
AGR 19-088
2. Appropriate $400,000 in federal Highway Infrastructure
Program funds to the Public Works Department's Capital
Improvement budget within the Federal and State Road
Fund for said project.
aj. Pavement Rehabilitation: South H Street from Pacheco Road to
White Lane and Wible Road from White Lane to Planz Road.
Accept bid and approve contract with Granite Construction
Company ($2,548,560) for said project.
AGR 19-089
2. Approve encroachment permit agreement with Kern Delta
Water Storage District (no fee permit) to allow for
modification of pedestrian access ramps in Kern Delta Water
Storage District's right-of-way for said project.
GCH:8kff1 Y0
3. Appropriate $237,000 in federal Regional Surface
Transportation Program (RSTP) funds to the Public Works
Department's Capital Improvement Program budget within
the Federal and State Road Fund for said projects.
Miscellaneous:
ok. Appropriate $26,775 from Kaiser Permanente Southern California
Fund grant revenues to the Recreation and Parks Operating
Budget within the General Fund to provide swim lessons and passes
to children and adults (Operation Splash).
al. Revised Job Specifications: Code Enforcement Officer 1 (27250)
Code Enforcement Officer It (27260); and Code Enforcement
Officer 111 (57260). J
3283
Bakersfield, California, May 22, 2019— Page 13
8, CONSENT CALENDAR continued
' Successor Agency Business:
Public Safety/Vital Services Measure:
am. Amendment No. 1 to Agreement No. 19-047 with Rymoc General
Contracting & Construction Services ($760,482; revised not to
exceed $897,482) for the Construction Phase of the Design/Build of
the Police Department Training Facility at 4646 California Ave.
AGR 19-047(1)
City Clerk Drimakis announced a staff memorandum was received
regarding item 8.c., transmitting the Planning Commission's
recommendation that Council revise Condition B.6, to clarify landscape
requirements for the proposed development of two multi -tenant
retail/restaurant buildings generally located at the northeast corner of
Stockdale Highway and California Avenue.
Councilmember Smith announced he would abstain due to a conflict of
interest, the applicant is a client of his, on item 8.x.
Motion by Vice -Mayor Parlier to adopt Consent Calendar items 8.0.
through 8.am. Motion passed with Councilmember Weir absent.
9. CONSENT CALENDAR PUBLIC HEARINGS
(Staff recommends conducting Consent Calendar Public Nearing and approval of items.)
None.
10. HEARINGS
a. Public Hearing to consider the appeal by the Sierra Club of
Planning Commission's decision to approve McIntosh and
Associates, representing Encanto Gardens, LLC, (the property
owner) application for Vesting Tentative Tract Map 7335 (Phased)
to subdivide approximately 40 acres into 117 single family
residential lots, and associated accessory lots in a R-1 (One -Family
Dwelling) zone located generally south of Pensinger Road and east
of South Allen Road.
(Staff recommends adoption of a Resolution denying the appeal and approving
Vesting Tentative Tract Map 7335 (Phased) with conditions.)
RES 069-19
Development Services Director Kitchen made staff comments and
provided a PowerPoint presentation.
Hearing opened at 7:44 p.m.
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Bakersfield, California, May 22, 2019- Page 14
10. HEARINGS continued
ITEM 10.a. CONTINUED
The following individuals spoke in opposition to the staff
recommendation: Inaudible name; Dr. Gordon Nipp, Sierra Club;
Dr. Rosanna Esparza; and Eddy Laine.
Roger McIntosh, McIntosh and Associates, representing Enconto
Gardens, LLC, spoke in support of the staff recommendation.
Hearing closed at 7:56 p.m.
Councilmember Freeman announced he would abstain, to avoid
the appearance of a potential conflict of Interest, on item 10.a.
Motion by Vice -Mayor Parlier to approve the staff
recommendation. Motion passed with Councilmember Weir
absent and Councilmember Freeman abstaining.
11. REPORTS
None.
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Rivera expressed appreciation to Development Services
Director Kitchen and staff for their work on the renaming of Cottonwood
Road.
Councilmember Rivera requested that Lean Six Sigma be placed on the
agenda of an upcoming Committee meeting.
Councilmember Rivera requested staff prioritize the repair of South Union
Avenue, south of Brundage Lane to Panama Lane.
Councilmember Rivera requested staff look into the repair of the roadway
that is bubbling up at the Belle Terrace overpass at H Street and Chester
Avenue.
Councilmember Rivera requested staff repave the road on Belle Terrace,
from P Street to Chester Avenue, before the start of the next school year.
i
Councilmember Rivera expressed enthusiasm at the possibility of a new
park in Ward 1.
1
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Bakersfield, California, May 22, 2019- Page 15
14, COUNCIL AND MAYOR STATEMENTS continued
` Councilmember Smith requested that the Council Goals include a long
term plan for creating a tree canopy in the downtown area.
Councilmember Gonzales supports the idea of more trees downtown and
suggests more than one block be done a year.
Councilmember Sullivan requested information on a plan for the
replanting on the freeway due to the Belle Terrace work, be included in
upcoming budget plans.
Mayor Goh stated 49 trees were planted on Sunday at the "Welcome to
Bakersfield" sign located on Highway 99 and McKee Road.
Mayor Goh made comments regarding a meeting she attended in
Sacramento with the Greater Bakersfield Chamber of Commerce and the
Governor's Chief Economic and Business Advisor Lenny Mendonco.
15. ADJOURNMENT
Mayor Goh adjourned the meeting at 8:06 p.m.
i 41 -An
KAREN GOH
MAYOR of the City of Bakersfield
ATTEST
JULIE E DRIMAKIS^CM��
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
L
3286 Bakersfield, California, May 22, 2019-Page 16
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