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HomeMy WebLinkAbout07/15/20 CC MINUTES1 1 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JULY 15, 2020 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 Gonzales, Weir (joined meeting by telephone at 3:45 p.m.), Smith (participated by telephone), Freeman (participated by telephone), Sullivan (seated at 4:30 p.m.) Absent: Rivera SPECIAL NOTICE Public Participation and Accessibility July 15, 2020 Bakersfield City Council Meetings On March 18, 2020, Governor Gavin Newsom issued Executive Order N-29-20, which includes a waiver of Brown Act provisions requiring physical presence of the Council or the public in light of the COVID-19 pandemic. Based on guidance from the California Governor's Office and Department of Public Health, as well as the County Health Officer, in order to minimize the potential spread of the COVID-19 virus, the City of Bakersfield hereby provides notice that as a result of the declared federal, state, and local health emergencies, and in light of the Governor's order, the following adjustments have been made: 1. The meeting scheduled for July 15, 2020, at 3:30 p.m. will have limited public access. 2. The meeting scheduled for July 15, 2020, at 5:15 p.m. will have limited public access. 3. Consistent with the Executive Order, Councilmembers may elect to attend the meeting telephonically and to participate in the meeting to the same extent as if they were physically present. 4. The public may participate in each meeting and address the City Council as follows: 3592 3593 Bakersfield, California, July 15, 2020- Page 2 View a live video stream of the meeting at https://bakersfield.novusagenda.com/AgendoPublic/ or, on your local government channel (KGOV 2). If you wish to comment on a specific agenda item, submit your comment via email to the City Clerk at City_Clerk@bakersfieldcity.us no later than 1:00 p.m. prior to the Council meeting. Please clearly indicate which agenda item number your comment pertains to. Comments are limited to 3 minutes. If you wish to make a general public comment not related to a specific agenda item, submit your comment via email to the City Clerk at City_Clerk@bakersfieldcity.us no later than 1:00 p.m. prior to the Council meeting. Comments are limited to 3 minutes. Alternatively, you may comment by calling (661) 326-3100 and leaving a voicemail of no more than 3 minutes no later than 4:00 p.m. the Tuesday prior to the Council meeting. Your message must clearly indicate whether your comment relates to a particular agenda item, or is a general public comment. If your comment meets the foregoing criteria, it will be transcribed as accurately as possible. If you are watching the live stream of the meeting and wish to make a comment on a specific agenda item as it is being heard, please email your written comment to the City Clerk at City_Clerk@bakersfieldcity.us. All comments received during the meeting may not be read, but will be included as part of the permanent public record of the meeting. 2. PUBLIC STATEMENTS None. City Clerk Drimakis announced that at the request of staff, the Parks update will be heard at the end of the workshops item. 3. WORKSHOPS a. Updated South Mill Creek Master Plan: (Staff recommends adoption of the resolution and approval of the Letter of Intent Agreement.) 1. Adoption of a resolution approving the updated South Mill Creek Master Plan; and RES 093-2020 2. Approval of a Letter of Intent Agreement for the purchase of the 5.24 -acre P/Q Site property. AGR 2020-115 Bakersfield, California, July 15, 2020— Page 3 3. WORKSHOPS continued ITEM 3.a. CONTINUED City Clerk Drimakis announced a staff memorandum was received regarding item 3.a., providing clarification regarding the ownership of the Maya Cinemas and retail spaces. Assistant City Manager Kitchen and Development Services Director Boyle made staff comments and provided a PowerPoint presentation. Motion by Councilmember Smith to adopt the resolution., and approve options 1 and 2, not options 3 and 4. Motion passed with Councilmembers Rivera and Sullivan absent. Motion by Councilmember Gonzales to approve the letter of intent agreement. Motion passed with Councilmembers Rivera and Sullivan absent. C. City efforts to address homelessness: Update on construction progress at the new Brundage Lane Navigation Center. (Staff recommends receive and file update.) Assistant City Manager Kitchen made staff comments and provided a PowerPoint presentation. Councilmember Gonzales requested staff reach out to the local school districts, and their directors of student support services and coordinators of the McKinney-Vento programs, to invite them to take a private four of the BLNC facility, and also would like case managers and social workers who work in local hospitals to receive a similar introduction to the facility. Vice Mayor Parlier requested staff review the incorporation of additional sanitizing techniques such as advanced HVAC systems or UV lighting to mitigate the spread of COVID-19. Motion by Vice -Mayor Parlier to receive and file the update. Motion passed with Councilmember Rivera absent. b. Parks Update (Staff recommends receive and file update.) Recreation and Parks Director Hoover and Assistant Recreation and Parks Director Budak made staff comments and provided a PowerPoint presentation. 1 3594 3595 Bakersfield, California, July 15, 2020— Page 4 3. WORKSHOPS continued ITEM 3.b. CONTINUED Eddy Laine, Sierra Club, made comments regarding the presentation and requested more opportunities for community involvement in the Parks planning process. Councilmember Gonzales asked staff to provide Mr. Laine with the list of deferred and anticipated maintenance needed in our parks that was provided in the June 19th General Information Packet. Motion by Vice -Mayor Parlier to receive and file the update. Motion passed with Councilmember Rivera absent. 4. CLOSED SESSION None. 5. CLOSED SESSION ACTION None. 6. ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting at 5:11 p.m. REGULAR MEETING- 5:15 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Gonzales, Weir (participated by telephone), Smith (participated by telephone), Freeman (participated by telephone), Sullivan Absent: Rivera SPECIAL NOTICE Public Participation and Accessibility July 15, 2020 Bakersfield City Council Meetings On March 18, 2020, Governor Gavin Newsom issued Executive Order N-29-20, which includes a waiver of Brown Act provisions requiring physical presence of the Council or the public in light of the COVID-19 pandemic. Based on guidance from the California Governor's Office and Department of Public Health, as well as the County Health Officer, in order to minimize the potential spread of the COVID-19 virus, the City of Bakersfield hereby provides notice that as a result of the declared federal, state; and local health emergencies, and in light of the Governor's order, the following adjustments have been made: 3596 Bakersfield, California, July 15, 2020— Page 5 1. The meeting scheduled for July 15, 2020, at 3:30 p.m. will have limited public access. 2. The meeting scheduled for July 15, 2020, at 5:15 p.m. will have limited public access. 3. Consistent with the Executive Order, Councilmembers may elect to attend the meeting telephonically and to participate in the meeting to the same extent as if they were physically present. 4. The public may participate in each meeting and address the City Council as follows: View a live video stream of the meeting at https://bakersfield.novusagenda.com/AgendaPublic/ or, on your local government channel (KGOV 2). If you wish to comment on a specific agenda item, submit your comment via email to the City Clerk at City_Clerk@bakersfieldcity.us no later than 1:00 p.m. prior to the Council meeting. Please clearly indicate which agenda item number your comment pertains to. Comments are limited to 3 minutes. If you wish to make a general public comment not related to a specific agenda item, submit your comment via email to the City Clerk at City_Clerk@bakersfieldcity.us no later than 1:00 p.m. prior to the Council meeting. Comments are limited to 3 minutes. Alternatively, you may comment by calling (661) 326-3100 and leaving a voicemail of no more than 3 minutes no later than 4:00 p.m. the Tuesday prior to the Council meeting. Your message must clearly indicate whether your comment relates to a particular agenda item, or is a general public comment. If your comment meets the foregoing criteria, it will be transcribed as accurately as possible. If you are watching the live stream of the meeting and wish to make a comment on a specific agenda item as it is being heard, please email your written comment to the City Clerk at City_Clerk@bakersfieldcity.us. All comments received during the meeting may not be read, but will be included as part of the permanent public record of the meeting. 2. INVOCATION by Councilmember Gonzales. 3. PLEDGE OF ALLEGIANCE by Assistant City Manager Kitchen 3597 Bakersfield, California, July 15, 2020- Page 6 4. PRESENTATIONS None. 5. PUBLIC STATEMENTS a. Adam Cohen expressed concern with the confidentiality of addresses and the City's efforts to protect victims of domestic violence. Vice -Mayor Parlier requested staff reach out to Mr. Cohen to address his concerns. , b. Curtis Bingham, Sr. expressed appreciation to the City, for the adoption of the budget, and law enforcement. C. Noey Reyes made comments regarding his current family law court case. d. The following individuals spoke in support of changing zoning to include R-1 lots for backyard hens: Bruce Bagwell; MT Merickel; Kirk Boland; Zoe Pelishek; and Becky Pelishek. e. The following individuals spoke in support of a Police Oversight Committee: Mo Ali; Artisa Moten, on behalf of Patrick Jackson; and Jamie Abraham. Councilmember Gonzales requested staff contact Ms. Ali and invite her to the Police Department Citizen Review and Task Force Project. f. Jacquelyn Coyle expressed concern with the City's efforts to protect victims,of domestic violence and the confidentiality of addresses. g. The following individuals emailed comments expressing concern with the City's efforts to protect victims of domestic violence and the confidentiality of addresses: Kernsource; Chad S; T Price; Anita Kanitz; Mary Shadden; Omar S; Jenny G; P Garcia; Bcrenegade; Rosa H; Bfdlife; Ken H; Golf Pro; Bakersfield Mom; Jane Doe; Philip Padilla; Marie Smith; Mary Sue; Bryan Smith; Ryan, Bakersfield New Homes; Andrew Hillard, Asp Asp; Adam Vance; Erin M; Megan; and Alexander Sinclair. h. Janie Boland emailed comments in support of allowing backyard hens within the city limits. Stephen Montgomery, Sierra Club Kern-Kaweah Chapter, emailed comments regarding the update of the Recreation and Parks Master Plan. 3598 Bakersfield, California, July 15, 2020— Page 7 6. WORKSHOPS a. Issuance of Reassessment District No. 20-1 (City in the Hills) Refunding Bonds Series 2020A and 2020B: (Staff recommends approval of resolutions.) 1. Resolution of The City of Bakersfield Declaring Preliminary Intention to Refund Specified Limited Obligation Refunding Bonds. RES 094-2020 2. Resolution Approving and Confirming the Report On The Levy Of Reassessments and the Refunding of Limited Obligation Improvement Bonds. RES 095-2020 3. Resolution Of The City Of Bakersfield Authorizing Issuance Of Limited Obligation Refunding Bonds, Reassessment District No. 2020-1 (City.ln The Hills), Series 2020A And Subordinate Series 2020B (Federally Taxable); Approving A Commitment Letter; Approving A Bond Purchase Contract; Authorizing The Execution Of The Bonds; Approving A Fiscal Agent Agreement; Approving A Refunding Escrow Agreement; And Authorizing Related Actions And The Execution Of Related Documents With Respect To The Issuance And Sale Of The Bonds. RES 096-2020 4. Authorize Finance Director to take actions necessary to establish funds and appropriations to carry out the functions associated with the refunding, related annual debt service and administrative costs. Finance Director McKeegan made staff comments and provided a PowerPoint presentation. Motion by Councilmember Weir to approve the staff recommendation and adopt the resolutions. Motion passed with Councilmember Rivera absent. 7. APPOINTMENTS None. 1 3599 Bakersfield, California, July 15, 2020- Page 8 8. CONSENT CALENDAR (Staff recommends adoption of Consent Calendar items.) Minutes: a. Approval of minutes of the June 24, 2020, Regular City Council Meetings. Payments: b. Receive and file department payments from June 12, 2020, to July 1, 2020, in the amount of $33,311,494.41; Self Insurance payments from June 12, 2020, to July 1, 2020, in the amount of $1,123,630.75; totaling $34,435,125.16. Ordinances: C. First reading of an ordinance amending Bakersfield Municipal Code Section 1. 12.070 by adding Annexation No. 677 consisting of 14.40 acres located generally north of Panama Lane and west of State Route 99. FR ONLY d. First reading of an ordinance amending Title 17 of the Bakersfield Municipal Code related to a Determination of Uses not listed in the Zoning Ordinance. FR ONLY e. First reading of an ordinance amending Title 17 of the Bakersfield Municipal Code related to approved landscape plan requirements. FR ONLY First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from a PCD (Planned Commercial Development) zone district to a Revised PCD zone district to accommodate a change in conditions of approval on 16.32 acres located 5025 Wible Road (Zone Change No. 20-0046). FR ONLY g. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the project area from a M-1 (Light Manufacturing) zone district to a DI (Drilling Island) zone district on a total of 2.88 acres; from a R-1 (One -Family Dwelling) zone district to a DI zone district on a total of 1.36 acres; and from a DI zone district to a R-1 zone district on a total of 0.61 acres, generally located along the southeast corner of Santa Fe Way and Renfro Road intersection (Zone Change No. 19-0288). FR ONLY 3600 Bakersfield, California, July 15, 2020- Page 9 8. CONSENT CALENDAR continued Resolutions: h. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer'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. RES 097-2020 Resolution authorizing the submittal of applications for CalRecycle Used Oil Payment Program (OPP) Grants effective July 1, 2020 until rescinded by Signature Authority. RES 098-2020 j. Resolution determining that a replacement Type 1 Fire pumper can most efficiently be obtained through cooperative procurement bidding procedures from KME Fire Apparatus and authorizing the Finance Director to dispense with bidding thereof, not to exceed $684,000. RES 099-2020 k. Resolution determining that hydraulic/analog low profile wheel load weighers cannot be reasonably obtained through the usual bidding procedures and authorizing the finance director to dispense with bidding therefore and purchase eight (8) Haenni wl101 mobile scales from Loadometer Corporation, not to exceed $45,000. RES 100-2020 Resolution determining that compatible parts to upgrade the Bakersfield Police Department's Remotec F6A bomb robot cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore and purchase a system upgrade from Remotec, Inc., not to exceed $62,000. RES 101-2020 1 3601 Bakersfield, California, July 15, 2020— Page 10 8. CONSENT CALENDAR continued M. Transition to Taser 7 Conducted Energy Weapon System: Resolution of the Bakersfield City Council determining that the Tazer 7 Conducted Energy Weapon System (CEW) cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding. RES 102-2020 2. Five-year agreement with Axon Enterprise, Inc. ($1,619,425.19) for the procurement and maintenance of the CEW system. This system includes all hardware, accessories, warranty, software licenses, and training services for deployment to field personnel. AGR 2020-116 n. Purchase of Storm Water Pumps for the Santa Fe Railroad Underpass Storm Lift Station on Truxtun Ave: Resolution of the Bakersfield City Council determining that the ABS/Sulzer pumps can only be reasonable obtained from one vendor, Flow N Control, because of restricted availability of such materials and authorizing the Finance Director to dispense with bidding therefor, in an amount not to exceed $62,320.61. RES 103-2020 2. Sole -Source letter from manufacturer stating Flow N Control is the sole representative to the municipal market for ABS/Sulzer products in Southern California. 3. Flow N Control proposal for equipment Purchase. o. Mount Vernon Recycling Facility: Resolution determining that the rental of a green waste grinder cannot be reasonably obtained through the usual bidding procedures due to an operational emergency and authorizing the Finance Director to dispense with bidding thereof, not to exceed $210,005. RES 104-2020 2. Agreement with Pape Machinery Co. for the rental of a green waste grinder, not to exceed $210,005. AGR 2020-117 3602 Bakersfield, California, July 15, 2020— Page 11 8. CONSENT CALENDAR continued P. Alcohol Policing Partnership Grant 1. Resolution authorizing the Bakersfield Police Department to accept funding ($97,161) made available through the Alcohol Policing Partnership Grant Program from the California Department of Alcoholic Beverage Control. RES 105-2020 2. Appropriate $97,161, in Alcohol Policing Partnership Grant Program funding from the California Department of Alcoholic Beverage Control, to the General Fund Police Operating Budget. q. Sewer connection fee assessment for 1701 Lotus Lane: Resolution confirming assessments for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. RES 106-2020 2. Agreement with Iva Duffey Harris, 1701 Lotus Lane, to pay the sewer connection fee through the Kern County Tax Collector. AGR 2020-118 Agreements: r. Agreement with Greater Bakersfield Legal Assistance, Inc. (GBLA) ($100,000), of Community Development Block Grant funds for Fair Housing Program Services. AGR 2020-119 Agreement with Bakersfield Kern Regional Homeless Collaborative (BKRHC) to lease office space located at 1900 E Brundage Lane. AGR 2020-120 Agreement with Info -Tech Research Group (not to exceed $123,183.86 for a term of three years) to provide research/advisory services for process improvements. AGR 2020-121 U. Agreement with Slater Plumbing & Mechanical, Inc. (not to exceed $150,000 for a one-year term), for plumbing and boiler maintenance for Wastewater Division. AGR 2020-122 3603 8. Bakersfield, California, July 15, 2020- Page 12 CONSENT CALENDAR continued V. Agreement with DXP Enterprises, Inc. (not to exceed $240,000 for a one-year term) for Influent Pump Maintenance and Repair Services for Wastewater Treatment Plant No. 3. AGR 2020-123 W. Final Map, Improvement Agreement, and Landscape Agreement with Reliance Properties, LLC (Developer) for Tract 7305, Phase 1 located southwest corner of Panama Lane and Cactus Patch Drive. AGR 2020-124, AGR 2020-125 X. Final Map Private Improvement Agreement and Landscape Agreement with WPG Bakersfield, LLC, a California Limited Liability Company (Developer) for Tract 7347 Phase 2 located at the northwest corner of Windermere Drive and Muirlands Parkway. REMOVED BY STAFF Y. Agreement with Woodside 06N, LP (not to exceed $106,000) for the purchase of real property located west of Renfro Road and south of Stockdale on Sunninghill Avenue, for a domestic water well site. AGR 2020-126 Z. Design Consultant agreement with Meyer Civil Engineering, Inc. (not to exceed $190,785), for engineering design services for the River Canal Backup Weir Reconstruction Project. AGR 2020-127 aa. Amendment No. 1 to Agreement No. 19-040 with AECOM Technical Services, Inc. (extend term until December 31, 2020), to provide design and engineering services for Wastewater Treatment Plant No. 3 Primary Clarifiers #5 Through #8 Rehabilitation project. AGR 19-040(1) ab. Amendment No. 1 to Agreement No. 19-109 with EAM Solutions, LLC ($57,000; revised not to exceed $222,000 and extend term by one year). AGR 19-109(1) ac. Amendment No. 1 to Agreement No. 19-210 with Dudek (extending time for completion to July 31, 2021) for Transformative Climate Communities (TCC) Planning Grant. AGR 19-210(1) 3604 Bakersfield, California, July 15, 2020— Page 13 8. CONSENT CALENDAR continued ad. Amendments to on-call wastewater equipment maintenance services agreements for the Wastewater Division: Amendment No. 1 to Agreement No. 19-180 with Innovative Engineering Systems, Inc. ($150,000; revised not to exceed $300,000 and extend term by one year). AGR 19-180(1) 2. Amendment No. 2 to Agreement No. 19-181 with Cortech Engineering, LLC ($150,000; revised not to exceed $412,000 and extend term by one year). AGR 19-181(2) ae. Contract Change Order Nos. 54, 55, 64 and 66 to Agreement No. 18-135 with Granite Construction ($138,286.31; not to exceed $41,103,179.86) for the Belle Terrace Operational Improvement Project. AGR 18-135 CCO 54, CCO 55, CCO 64, CCO 66 af. Contract Change Order No. 70 to Agreement No. 18-154 with Griffith Company for ($41,405; revised not to exceed $29,488,611.99) for the 24th Street Operational Improvement Project. AGR 18-154 CCO 70 ag. Contract Change Order No. 12 to Agreement No. 18-200 with Griffith Company ($141,950.46; revised not to exceed $7,145,543.18) for Stockdale Hwy and Enos Lane/SR-43 Roundabout Project. AGR 18-200 CCO 12 ah. Contract Change Order No. 17 to Agreement. No. 18-176 with Security Paving Company ($98,462.85; revised not to exceed $49,518,419.31) for the Bakersfield Freeway Connector Project. AGR 18-176 CCO 17 Bids: ai. Accept bid and approve contract to Ennis -Flint, Inc. ($150,000), for an annual contract for the supply of traffic paint. AGR 2020-128 aj. Accept bid and approve contract to Safety Network Traffic Signs, Inc. ($150,000), for an annual contract to supply traffic signs. AGR 2020-129 3605 Bakersfield, California, July 15, 2020- Page 14 8. CONSENT CALENDAR continued ak. Accept bid and approve contract to Granite Construction Company ($8,000,000) for an annual contract to supply street materials. AGR 2020=130 al. Accept bid and approve contract with Griffith Company ($2,182,812) for Pavement Rehabilitation 2019-2020 SB 1: White Lane from South H Street to Kenny Street. AGR 2020-131 am. Accept bid and approve contract with Loop Electric, Inc. ($297,210) for Traffic Signal and Lighting System Installation at the Intersection of Ming Avenue and Allen Road; and, Traffic Interconnect on Ming Avenue from Allen Road to Buena Vista Road. AGR 2020-132 an. Extend bid from Jim Burke Ford ($139,810.63) for the purchase of a graffiti van with walk in box. Miscellaneous: Successor Agency Business: Public Safety/Vital Services Measure: ao. , Resolution determining that Globe® Turnout Clothing is the Bakersfield Fire Department standard and it cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $258,903. RES 107-2020 ap. Accept bid and approve agreement with JAB Communications ($103,970) for.the installation of network communication cabling at 1900 E. Brundage Lane. AGR 2020-133 City Clerk Drimakis announced a staff memorandum was received requesting item 8.x. be removed from the agenda. Motion by Vice -Mayor Parlier to adopt Consent Calendar items 8.a. through 8.ap., with the removal of item 8.x. Motion passed with Councilmember Rivera absent. 1 3606 Bakersfield, California, July 15, 2020- Page 15 Mayor Goh recessed the meeting at 6:23 p.m. and reconvened the meeting at 6:30 p.m. 9. CONSENT CALENDAR PUBLIC HEARINGS (Staff recommends conducting Consent Calendar Public Hearing and approving staff recommendations.) None. 10. HEARINGS a. Public Hearing to consider General Plan Amendment/Zone Change No. 19-0292. Lane Engineers, Inc., representing Elmer Karpe, Inc. (property owner), is proposing a General Plan Amendment/Zone Change located at the northeast corner of the Taft Highway & South H Street intersection. The request includes: (1) an amendment to the Metropolitan Bakersfield General Plan Land Use Element designation from GC (General Commercial) to LI (Light Industrial) or a more restrictive designation on 20.55 acres; and (2) a change in zone classification from C-2 (Regional Commercial) to M-1 (Light Manufacturing) or a more restrictive classification on 20.55 acres. Mitigated Negative Declaration on file (GPA/ZC No. 19-0292). (City staff and the Planning Commission recommend adoption of the Resolutions adopting Mitigated Negative Declaration and approving the General Plan Amendment and a first reading of the Ordinance amending the Oficial Zoning Map.) RES 121-2020, RES 122-2020, ORD FR ONLY Development Services Director Boyle made staff comments and provided a PowerPoint presentation. Hearing item 10.a. opened at 6:35 p.m. No one spoke. Hearing item 10.a. closed at 6:35 p.m. Motion by Vice -Mayor Parlier to approve the staff recommendation. Motion passed with Councilmember Rivera absent. 3607 Bakersfield, California, July 15, 2020— Page 16 10. HEARINGS continued b. Public Hearing to consider General Plan Amendment/Zone Change No. 19-0035 (Appeal). Porter & Associates, Inc., representing Cindy Henson (property owner), is proposing a General Plan Amendment/Zone Change located on the northeast corner of the Hosking Avenue & Wible Road. The request includes: (1) an amendment to the Metropolitan Bakersfield General Plan Land Use Element designation from LMR (Low Medium Density Residential) to GC (General Commercial) or a more restrictive designation on 10.7 acres; and (2) a change in zone classification from R -S (Residential Suburban) and R-1 (One Family Dwelling) to C-1 (Neighborhood Commercial) or a more restrictive classification on 10.7 acres. Porter & Associates, Inc. submitted an appeal of the Planning Commission's decision to deny the proposal. Mitigated Negative Declaration on file if the Council elects to grant the appeal (GPA/ZC No. 19-0035). (City staff recommends denial of the appeal.) RES 123-2020, RES 124-2020, ORD FR ONLY City Clerk Drimakis announced a staff memorandum was received transmitting email correspondence. Planning Director Johnson made staff comments and provided a PowerPoint presentation. Hearing item 10.b. opened at 6:41 p.m. Brandon Martin, representing the Henson Family, and Freddie Porter, Porter & Associates Engineering (submitted written material), spoke in opposition to the staff recommendation. Motion by Vice -Mayor Parlier to extend the time limit for public statements by an additional three minutes. Motion passed with Councilmember Rivera absent. Mike Henson, property owner, made additional comments in opposition to the staff recommendation. The following individuals spoke in support of the staff recommendation: Joe Jimenez, Wible Road Action Group; David Polinsky; and Dave Morrison. Motion by Vice -Mayor Parlier to extend the time limit for public statements by an additional three minutes. Motion passed with Councilmember Rivera absent. 1 1 1 M Bakersfield, California, July 15, 2020- Page 17 10. HEARINGS continued ITEM 10.b. CONTINUED The following individuals made additional comments in support of the staff recommendation: Samuel Jones; Brett Vigil; and Joe Jimenez. Brandon Martin and Donna Nelson spoke in rebuttal opposition to the staff recommendation. David Polinsky and Dave Morrison spoke in rebuttal support of the staff recommendation. Hearing item 10.b. closed at 7:36 p.m. Councilmember Gonzales left the chambers at 7:43 p.m. and returned to the meeting at 7:45 p.m. Motion by Councilmember Smith to uphold the appeal and impose a more restrictive C-1/PCD overlay zone. Motion passed with Vice - Mayor Parlier voting no, and Councilmember Rivera absent. Mayor Goh recessed the meeting at 7:55 p.m. and reconvened the meeting at 8:03 p.m. C. Public Hearing to consider General Plan Amendment/Zone Change No. 19-0184 (Appeal). McIntosh & Associates, representing Nicholson Combs, LLC (property owner), is proposing a General Plan Amendment/Zone Change located east of Old River Road between Panama Lane and Empire State Drive. The request includes: (1) an amendment to the Metropolitan Bakersfield General Plan Land Use Element designation from LR (Low Density Residential) to LMR (Low Medium Density Residential) or a more restrictive designation on 16.89 acres; and (2) a change in zone classification from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) or a more restrictive classification on 16.89 acres. McIntosh & Associates submitted an appeal of the Planning Commission's decision to deny the proposal. Mitigated Negative Declaration on file if the Council elects to grant the appeal (GPA/ZC No. 19-0184). (City staff recommends denial of the appeal.) CONTINUED TO THE AUGUST 12, 2020 CITY COUNCIL MEETING City Clerk Drimakis announced a staff memorandum was received, transmitting additional information provided by the applicant; and an additional staff memorandum was received transmitting correspondence received regarding item 10.c. Planning Director Johnson made staff comments and provided a PowerPoint presentation. 3609 Bakersfield, California, July 15, 2020— Page 18 10. HEARINGS continued ITEM 10.c. CONTINUED Hearing item 10.c. opened at 8:07 p.m. Patricia Newquist, McIntosh & Associates, Inc., and David Combs, Nicholson Combs, LLC, spoke in opposition to the staff recommendation. The following individuals spoke in support of the staff recommendation: Greg Forsythe; Floyd Roberts; and Claris Olumba. Patricia Newquist and Darrell Nicholson spoke in rebuttal opposition to the staff recommendation. Floyd Roberts and Greg Forsythe spoke in rebuttal support of the staff recommendation. Hearing item l O.c. closed at 8:44 p.m. Mayor Goh recessed the meeting at 8:55 p.m. and reconvened the meeting at 9:00 P.M. Motion by Councilmember Freeman to continue. Hearing item 10.c. to the August 12th City Council meeting. Motion passed with Councilmember Rivera absent. 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Gonzales requested staff continue to build a chronic nuisance property program to include a lien forgiveness strategy and a purchase and sell -back program, using 2825 California Avenue as a case study for this program. Councilmember Weir left the meeting at 9:15 p.m. Councilmember Freeman thanked the homeowners who attended the hearing tonight to express their concerns. Councilmember Sullivan expressed appreciation to staff for organizing the broadcast of the Beale Park Band concert on the Fourth of July. Bakersfield, California, July 15, 2020— Page 19 15. ADJOURNMENT Mayor Goh adjourned the meeting at 9:18 p.m. \--A 144vo 4 11 go KAREN GOH MAYOR of the City of Bakersfield ATTEST: J LIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 1 1 3610