HomeMy WebLinkAbout10/23/19 CC MINUTES3393
NOTICE OF CANCELLATION
OF THE
BAKERSFIELD CITY COUNCIL MEETING
NOTICE IS HEREBY GIVEN that the Bakersfield City Council Meeting to
be held on October 23, 2019 at 3:30 p.m. in the Council Chambers of City Hall, 1501
Truxtun Avenue, Bakersfield, California has been canceled.
Notice is hereby further given that a Special Meeting of the Bakersfield
City Council will be held on Wednesday, October 23, 2019 at 4:00 p.m., in the Council
Chambers of City Hall, 1501 Truxtun Avenue.
Julie Drimakis, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
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NOTICE OF CANCELLATION
OF THE
BAKERSFIELD CITY COUNCIL MEETING
NOTICE IS HEREBY GIVEN that the Bakersfield City Council Meeting to
be held on October 23, 2019 at 3:30 p.m. in the Council Chambers of City Hall, 1501
Truxtun Avenue, Bakersfield, California has been canceled.
Notice is hereby further given that a Special Meeting of the Bakersfield
City Council will be held on Wednesday, October 23, 2019 at 4:00 p.m., in the Council
Chambers of City Hall, 1501 Truxtun Avenue.
Julie Drimakis, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 23, 2019
Council Chambers, City Hall, 1501 Truxtun Avenue
Special Meetings- 4:00 p.m. and 5:15 p.m.
SPECIAL MEETING -4:00 PM
1. ROLL CALL
Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera,
Gonzales (seated at 4:01 p.m.), Smith, Freeman, Sullivan
Absent: Weir
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
None.
4. CLOSED SESSION
a. Closed session pursuant to Government Code section
54957(b) (1) to consider/discuss the employment of the City
Manager (respond to his October 8th 2019 email concerning his
retirement).
b. Conference with Legal Counsel — Existing Litigation; Closed session
pursuant to Government Code section 54956.9(d)(1) regarding
Kiaie, et al. v. City of Bakersfield.
Motion by Vice -Mayor Parlier to adjourn to Closed Session at 4:01
p.m. Motion passed with Councilmember Weir absent.
The Closed Session meeting was adjourned at 4:32 p.m.
Meeting reconvened at 4:38 p.m.
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6.
Bakersfield, California, October 23, 2019– Page 2
CLOSED SESSION ACTION
a. "Closed session pursuant to Government Code section
54957(b) (1) to consider/discuss the employment of the City
Manager (respond to his October 8th 2019 email concerning his
retirement)".
Vice -Mayor Parlier announced the City Council has accepted City
Manager Tandy's last day, before retirement, as January 10, 2020.
b. Conference with Legal Counsel — Existing Litigation; Closed session
pursuant to Government Code section 54956.9(d) (1) regarding
Kiaie, et al. v. City of Bakersfield.
By a 6-0 vote, with Councilmember Weir absent, the City Attorney was
authorized to take the appropriate steps to resolve this matter.
ADJOURNMENT
Mayor Goh adjourned the 4:00 p.m. meeting at 4:39 p.m.
SPECIAL MEETING- 5:15 p.m.
1.
2.
3.
4.
ROLL CALL
Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera,
Gonzales, Smith, Freeman, Sullivan
Absent: Weir
INVOCATION
by Reverend Sylvia Lack, Vessels of Honor.
PLEDGE OF ALLEGIANCE
by Denisse Silva, Graduate Student at California State University
Bakersfield.
Mayor Goh presented the Mayor's Medal to Ms. Silva in recognition of
receiving the 2019 California State University Trustees' Award for
outstanding achievement.
PRESENTATIONS
a. Certificate of Recognition to David Gleeson, owner of the Polo
Saddle Drive home, awarded Yard of the Season, Summer 2019.
Mr. Gleeson accepted the certificate and made comments.
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Bakersfield, California, October 23, 2019— Page 3
5. PUBLIC STATEMENTS
a. Tina Bengtson expressed concern with street lights and poor road
conditions in the area of Cottonwood Road and East Planz Road.
b. Isaiah Crompton stated a Southeast Bakersfield Community
meeting was held on October 8, 2019, to address concerns in Ward
1; the residents are concerned about sidewalks, curbs, parks, and
lighting; and requested the Council address these issues.
C. Heather Pennella, Keep Bakersfield Beautiful, announced Make a
Difference Day will be held this Saturday, October 26th; stated
America Recycles Day will be held on November 9th; and
submitted written material.
d. The following individuals spoke regarding Deferred Business item
12. a., pertaining to Accessory Dwelling Units: Bill Descary; Joseph
Kandle (submitted written material); Gary Simmons; Janice
Knowlton; and John Knowlton.
6. WORKSHOPS
None.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
(Staff recommends adoption of Consent Calendar items.)
Minutes:
a. Approval of minutes of the September 25, 2019, Regular City
Council Meetings.
Payments:
b. Receive and file department payments from September 13, 2019,
to October 10, 2019, in the amount of $38,595,333.97; Self Insurance
payments from September 13, 2019, to October 10, 2019, in the
amount of $862,264.09, totaling $39,457,598.06.
Ordinances:
C. First reading of ordinance amending Section 17.58.120 of the
Bakersfield Municipal Code relating to parking space requirements
within the "central district" and other mixed-use areas.
REMOVED FOR SEPARATE CONSIDERATION
d. First reading of ordinance amending Chapter 15.65 of the
Bakersfield Municipal Code relating to the California Fire Code.
FR ONLY
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Bakersfield, California, October 23, 2019— Page 4
8. CONSENT CALENDAR continued
e. Adoption of an ordinance amending Sections 15.04, 15.05, 15.07,
15.09, 15.1 1, 15.13, 15.15, 15.17, and 15.19 of the Bakersfield
Municipal Code, relating to the Building and Construction codes,
specifically, the California Building Code, Mechanical Code,
Plumbing Code, Electrical Code, Existing Building Code, Historical
Building Code, California Residential Code, and California Green
Building Code, 2019 editions. (FR 9/25/2019)
ORD 4994
Resolutions:
f. Resolution determining that Active Shooter Kits from Victory Tactical
Gear, LLC. cannot be reasonably obtained through the usual
bidding procedures and authorizing the Finance Director to
dispense with bidding thereof, not to exceed $174,000.
RES 159-19
g. Resolution setting salaries and related benefits for officers and
employees of the General Supervisory, Police Supervisory and
Management Units.
RES 160-19
h. Resolutions setting salaries and related benefits:
1. Resolution approving the Memorandum of Understanding,
setting salaries and related benefits for Firefighters and Fire
Engineers Unit represented by the Bakersfield Firefighters
Labor Organization (BFLO).
RES 161-19
2. Resolution approving the Memorandum of Understanding,
setting salaries and related benefits for Fire Supervisory
represented by the Bakersfield Firefighters Labor
Organization (BFLO).
RES 162-19
Resolution dispensing with bidding under section 3.20.060(D) (5) of
the Bakersfield Municipal Code relating to the design/build
construction procurement process for the upgrade and
replacement of the television broadcasting and recording
equipment in use in the City Council chambers.
RES 163-19
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Bakersfield, California, October 23, 2019- Page 5
8. CONSENT CALENDAR continued
j. Geotab Global Positioning System (GPS) equipment and fleet
tracking systems:
Resolution of the Bakersfield City Council dispensing with
formal bidding procedures in the purchase of Geotab USA
global positioning system (GPS) equipment and monthly
monitoring from Blackhole Technologies Inc. and authorizing
the use of cooperative procurement contracts for the
purchase of the said items, not to exceed $470,000.
RES 164-19
2. Agreement with Blackhole Technologies, Inc. for service,
installation and repair of GPS equipment (not to exceed
$120,000 for a three year term).
AGR 19-189
k. Emergency repair to 2016 Caterpillar Asphalt Paver:
1. Resolution dispensing with bidding due to emergency repairs
of asphalt paver, and authorizing Quinn Company to
perform necessary repairs, not to exceed $61,500.
RES 165-19
2. Amendment No. 1 to Agreement No. PW19-079 with Quinn
Company ($61,500; revised not to exceed $101,500), for
service and repair of construction and off-road equipment.
AGR 19-190
I. Resolutions to add the following territories to the Consolidated
Maintenance District and approving, confirming, and adopting the
Public Works Director's Report for each:
1. Area 1-126 (3915 Rosedale Highway) - Ward 3
RES 166-19
2. Area 4-202 (1 1 18 Murdock Street) - Ward 1
RES 167-19
M. Resolutions of Intention (ROI) to add the following areas to the
Consolidated Maintenance District and preliminarily approving,
confirming, and adopting the Public Works Director's Report for
each:
1. ROI No. 2023 adding Area 3-114 (9801 Compagnoni Street) -
Ward 6
R012023
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Bakersfield, California, October 23, 2019- Page 6
8. CONSENT CALENDAR continued
ITEM 8.m. CONTINUED
2. ROI No. 2024 adding Area 4-203 (314 H Street) - Ward 2
R012024
3. ROI No. 2025 adding Area 5-101 (Tract 7322 - Berkshire Road
approximately 1000' east of South H Street) - Ward 7
R012025
4. ROI No. 2026 adding Area 5-102 (4915 South H Street) -
Ward 7
R012026
5. ROI No. 2027 adding Area 5-103 (52 Planz Road) - Ward 1
R012027
Agreements:
n. Approval of FY2019-20 Emergency Solutions Grant (ESG)
Agreements:
1. Bethany Services/Bakersfield Homeless Center ($67,438) for
ESG funds to provide Emergency Shelter Services at 1600
East Truxtun Avenue;
AGR 19-191
2. The Mission at Kern County ($66,000) for ESG funds to support
Emergency Shelter activities at 816 E. 21 st Street;
AGR 19-192
3. Alliance Against Family Violence and Sexual Assault
($28,164) for ESG funds to support Emergency Shelter
services administered atl921 19th Street;
AGR 19-193
4. Flood Bakersfield Ministries ($23,625) for ESG funds for Street
Outreach services administered at 601 24th Street; and
AGR 19-194
5. Bethany Services/Bakersfield Homeless Center ($100,332) for
ESG funds to provide Rapid Re -Housing Program services
administered at 1600 East Truxtun Avenue.
AGR 19-195
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Bakersfield, California, October 23, 2019- Page 7
8. CONSENT CALENDAR continued
o. Approval of FY2019-20 Community Development Block Grant
(CDBG) Agreements:
1. Agreement with Bakersfield Senior Center, Inc. ($90,000), of
Community Development Block Grant funds for operational
expenses at 530 4th Street.
AGR 19-196
2. The Mission at Kern County ($35,000) of CDBG funds to
support Emergency Shelter activities at 816 E. 21 st Street.
AGR 19-197
P. Agreement with Paymentus Corporation to provide electronic bill
payment services for utilities, business licenses, and other customer
charges.
AGR 19-198
q. Hold Harmless Agreement between the Bakersfield Fire Department
and California Water Service Company.
AGR 19-199
r. Reimbursement Agreement with North Kern Water Storage District
(not to exceed $182,397.75 for 2019 through 2022) for Weather
Modification Program.
AGR 19-200
S. Agreement with W3i Engineering ($98,750) to provide design and
engineering services for Wastewater Treatment Plant No. 2 Digester
Mixing Pumps and Sludge Recirculation Pumps and Wastewater
Treatment Plant No. 3 Sludge Recirculation Pumps Replacement
Project.
AGR 19-201
Final Map, Improvement Agreement and Landscape agreement
with Woodside 06 N, LP (Developer) for Tract Map 6419, Phase 4
located East of Quail Creek Road and South of Etchart Road.
AGR 19-202, AGR 19-203
U. Final Map and Improvement Agreement with Castle & Cooke a
California Inc. (Developer) for Tract 7299, Unit 3 located South of
Ming Avenue and East of Highgate Park Boulevard.
AGR 19-204
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Bakersfield, California, October 23, 2019- Page 8
8. CONSENT CALENDAR continued
V. Final Map and Improvement Agreement with Castle & Cooke a
California Inc. (Developer) for Tract 7299, Unit 6 located South of
Ming Avenue and East of Highgate Park Boulevard.
AGR 19-205
W. Final Map and Improvement Agreement with Castle & Cooke a
California Inc. (Developer) for Tract 7300, Unit 5 located South of
Ming Avenue and East of Highgate Park Boulevard.
AGR 19-206
X. Transportation Impact Fee Credit Agreement with Castle & Cooke
California, Inc. (not to exceed $330,450), for construction of Allen
Road between White Lane and Ming Avenue.
AGR 19-207
Y. Transportation Impact Fee Credit Agreement with Castle & Cooke
California, Inc. (not to exceed $387,487), for construction of Ming
Avenue west of Allen Road along the frontage of Tentative Tract
7299.
AGR 19-208
Z. Transportation Impact Fee Credit Agreement with Castle & Cooke
California, Inc. (not to exceed $557,098), for construction of Ming
Avenue west of Allen Road along the frontage of Tentative Tract
Maps 7255 & 7256.
AGR 19-209
aa. Transformative Climate Communities Grant Program - Grant funds
to conduct planning activities related to affordable housing,
workforce development and alternative transportation in
Downtown Bakersfield.
1. Agreement with Dudek, to implement required components,
tasks and deliverables for the City of Bakersfield's
Transformative Climate Communities Planning Grant Project;
and
AGR 19-210
2. Appropriate $200,000 in Transformative Climate
Communities Grant funds to the Development Services
Operating budget in the General Fund.
ab. Amendment No. 1 to Agreement No. 17-056 with Clifford & Brown
($50,000) to provide outside legal services in the matter of Hillary
Bjorneboe v. City of Bakersfield.
AGR 17-056(1)
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Bakersfield, California, October 23, 2019- Page 9
8. CONSENT CALENDAR continued
ac. Amendment No. 1 to Agreement No. CID 18-051 with Muxlow
Construction (not to exceed $80,000 HUD Community
Development Block Grant (CDBG) funds) to provide handicap
accessibility improvement services to qualified low-income
residents in privately owned structures.
AGR 19-214
ad. Amendment No. 5 to Agreement No. 17-002 with Trans -West
Security Services, Inc. ($278,223; revised not to exceed $662,892
and extend term one year), for continued park security services.
AGR 17-002(5)
ae. Amendment No. 1 to Agreement No. 19-183 with Asela
Environmental Inc. ($13,275; revised not to exceed $104,015), to
provide additional cleanup services to Downtown and Old Town
Kern neighborhoods of Bakersfield.
REMOVED FOR SEPARATE CONSIDERATION
af. Amendment No. 1 to Agreement No. 17-130 with Clean Energy
($75,000; revised not to exceed $275,000) to perform inspections,
maintenance, and repairs of the Liquefied and Compressed
Natural Gas (LCNG) fueling facilities.
AGR 17-130(1)
ag. Amendment No. 1 to Agreement No. 19-043 with Argo Chemical,
Inc. ($55,000; revised not to exceed $100,000), to continue the
supply of pool chemicals.
AGR 19-043(1)
ah. Amendment No. 1 to Agreement No. 18-179 with JCI Jones
Chemicals, Inc. ($60,000; revised not to exceed $120,000), to
continue the supply of sodium hypochlorite.
AGR 18-179(1)
ai. Amendment No. 3 to Agreement No. 16-265 with Rotational
Molding, Inc. ($400,000; revised not to exceed $1,809,400 and
extend term one year), to continue the supply of refuse and
recycling carts.
AGR I6-265(3)
aj. Amendment No. 1 to Agreement No. 17-190 with Soils Engineering,
Inc. ($175,000; revised not to exceed $896,750), for material testing
services for various Capital Improvement Projects, Calendar Years
2018 and 2019.
AGR 17-190(1)
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Bakersfield, California, October 23, 2019- Page 10
8. CONSENT CALENDAR continued
ak. Contract Change Order No. 1 to Agreement No. 18-153 with WM
Lyles Co. ($23,467.36; revised not to exceed $892,977.36), for the
Tevis Ranch PDA - Lift Station Project.
AGR 18-153 CCO 1
al. Contract Change Order No. 32, 44, and 47 to Agreement No. 18-
135 with Granite Construction ($156,841.70; revised not to exceed
$35,920,848.69) for the Belle Terrace Operational Improvements
Project.
AGR 18-135 CCO 32, CCO 44, CCO 47
am. Contract Change Order Nos. 20, and 28 to Agreement No. 18-154
with Griffith Company ($62,500; revised not to exceed
$28,852,052.37) for 24th Street Operational Improvement Project.
AGR 18-154 CCO 20, CCO 28
an. Contract Change Order No. 39 to Agreement No. 17-044 with
Security Paving Company ($75,000; revised not to exceed
$42,110,425.19) for the Kern River Bridge Improvement Project.
AGR 17-044 CCO 39
ao. Contract Change Order Nos. 2, and 3 to Agreement No. 18-200
with Griffith Company ($77,286.54; revised not to exceed
$6,915,070.54) for Stockdale Hwy and Enos Lane/SR 43 Roundabout
Project.
AGR 18-200 CCO 2, CCO 3
ap. Contract Change Order No. 1 to Agreement No. 18-176 with
Security Paving Company ($95,012; revised not to exceed
$48,788,947) for the Bakersfield Freeway Connector Project.
AGR 18-176 CCO 1
Bids:
aq. Reject all bids for Storm Water Pump Station: Police Department
Pistol Range Project.
ar. Accept bid from Golden Star Technology, Inc., Cerritos, California
($61,428.38) for Juniper® extended warranty for the Technology
Services Division.
as. Accept bid and approve contract to Midstate Sheetmetal, Inc.,
Bakersfield ($103,350) for the Fire Station 10 re -roof project.
AGR 19-211
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Bakersfield, California, October 23, 2019- Page 11
8. CONSENT CALENDAR continued
at. Accept bid and approve contract with Griffith Company
($449,330) for Street Widening: Wible Road, Between Esperanza
Drive and Medallion Rose Avenue.
AGR 19-212
au. Accept bid and approve contract with Bowman Asphalt, Inc.
($882,851), for the Street Improvements and Widening on Panama
Lane from Young Street to Cactus Patch Drive.
AGR 19-213
Miscellaneous:
Successor Agency Business:
ay. Receive and file Successor Agency payments from September 13,
2019, to October 23, 2019, in the amount of $187,262.50.
Public Safety Vital Services Measure:
aw. Resolution dispensing with bidding procedures, authorizing
American Emergency Products California to outfit police vehicles,
and authorizing Finance Director to dispense with bidding, not to
exceed $1,550,000 due to Public Safety concerns.
RES 168-19
City Clerk Drimakis announced a staff memorandum was received
regarding item 8.c., transmitting correspondence.
Councilmember Gonzales requested item 8.c. be removed for separate
consideration.
Councilmember Rivera requested item 8.ae. be removed for separate
consideration.
Motion by Vice -Mayor Parlier to adopt Consent Calendar items 8.a.
through 8.aw, with the removal of items 8.c. and 8.ae. for separate
consideration. Motion passed with Councilmember Weir absent.
C. First reading of ordinance amending Section 17.58.120 of the
Bakersfield Municipal Code relating to parking space requirements
within the "central district" and other mixed-use areas.
FR ONLY
Motion by Councilmember Gonzales to adopt Consent Calendar
item 8.c., and requested staff provide a presentation regarding
this matter at the second reading of the ordinance. Motion passed
with Councilmember Weir absent.
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Bakersfield, California, October 23, 2019— Page 12
8. CONSENT CALENDAR continued
ae. Amendment No. 1 to Agreement No. 19-183 with Asela
Environmental Inc. ($13,275; revised not to exceed $104,015), to
provide additional cleanup services to Downtown and Old Town
Kern neighborhoods of Bakersfield.
AGR 19-183(1)
Motion by Councilmember Rivera to adopt Consent Calendar item
8.ae. Motion passed with Councilmember Weir absent.
9. CONSENT CALENDAR PUBLIC HEARINGS
None.
10. HEARINGS
a. Appeal by Keith Lawless of the September 10, 2019 decision of the
Board of Zoning Adjustment to approve a conditional use permit to
allow an indoor banquet venue in the C-1 (Neighborhood
Commercial Zone) district, located at 2520 Brundage Lane.
(Staff recommends adopting the resolution upholding the decision of the Board of
Zoning Adjustment and approving Conditional Use Permit No. 18-0397.)
RES 169-19
City Clerk Drimakis announced a staff memorandum was received
transmitting correspondence regarding item 10.a.
Planning Director Coyle made staff comments and provided a
PowerPoint presentation.
Hearing item 10.a. opened at 6:04 p.m.
Keith Lawless and Greg Carlon spoke in opposition to the staff
recommendation.
Timothy Stormont and Will Winn spoke in favor of the staff
recommendation.
Hearing item 10.a. closed at 6:17 p.m.
Motion by Councilmember Gonzales to adopt the resolution.
Motion passed with Councilmember Weir absent.
b. Public Hearing to consider resolution setting Domestic Water
Availability Fee for service areas of the City of Bakersfield Domestic
Water system.
RES 170-19
Water Resources Manager Chianello made staff comments.
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Bakersfield, California, October 23, 2019- Page 13
10. HEARINGS continued
ITEM 10.b. CONTINUED
Hearing item 10.b. opened at 6:22 p.m.
No one spoke.
Hearing item 10.b. closed at 6:23 p.m.
Motion by Vice -Mayor Parlier to adopt the resolution. Motion
passed with Councilmember Weir absent.
11. REPORTS
a. Update from the City Council Ad -Hoc Committee related to the
recruitment efforts for the position of City Manager.
Councilmember Freeman provided an update on the recruitment
efforts.
12. DEFERRED BUSINESS
a. Ordinances amending Sections 17.04.539, 17.58.110, and Chapter
17.65 of the Bakersfield Municipal Code relating to Accessory
Dwelling Units.
Two Options:
1. Adopt two ordinances regarding Accessory Dwelling Units:
(1) reducing parking requirement for Accessory Dwelling
Units, and (2) waiving all impact fees and removing the
owner occupancy requirement for Accessory Dwelling Units
(FR 09/11/19)
ORD 4995, ORD 4996
2. First reading of ordinance mirroring state law regarding
Accessory Dwelling Units.
(Staff recommends City Council determination.)
City Clerk Drimakis announced a staff memorandum was received
transmitting correspondence regarding this item.
Planning Director Coyle made staff comments and provided a
PowerPoint presentation.
Motion by Vice -Mayor Parlier to approve option 1.
Motion by Councilmember Freeman to approve option 1, with a
modification to alter the language to state that it will revert to
requiring owner occupancy for Accessory Dwelling Units, after
January 1, 2025. Motion failed with Vice -Mayor Parlier,
Councilmembers Rivera, Gonzales, and Smith voting no; and
Councilmember Weir absent.
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Bakersfield, California, October 23, 2019- Page 14
12. DEFERRED BUSINESS continued
Motion 'by Vice -Mayor Parlier to approve option 1. Motion passed
with Councilmember Freeman voting no, and Councilmember Weir
absent.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Rivera requested the Legislative and Litigation Committee
explore the possibility of creating an ordinance banning the use of
shopping carts in City parks.
Councilmember Smith made comments regarding the report that
Improvement District No. 4 of the Kern County Water Agency will be
running water in the Kern River channel, for groundwater recharge
purposes, for the next couple of months.
Councilmember Smith expressed appreciation to staff organizing the
Bakersfield Marathon.
Councilmember Smith requested staff draft a Resolution in support of
continuing improvements on Highway 46.
Vice -Mayor Parlier requested the Legislative and Litigation Committee
discuss the possibility of a Municipal Code cleanup regarding junk
vehicles.
Vice -Mayor Parlier announced that he and Councilmember Rivera will
attend the annual Trunk or Treat event held at Planz Park on Tuesday,
October 29th.
Mayor Goh advised that a delegation of students and educators, from
Saint Jean de Luz, have been visiting with the City to explore the possibility
of a Sister City relationship.
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Bakersfield, California, October 23, 2019— Page 15
15. ADJOURNMENT
Mayor Goh adjourned the meeting, in honor of the delegation from Saint
Jean de Luz, and in celebration of our friendship at 6:41 p.m.
KAREN GOH
MAYOR of the City of Bakersfield
ATTEST:
n
JULIE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
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