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HomeMy WebLinkAbout08/12/20 CC MINUTES1 3611 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 12, 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, Councilmembers Rivera (participated by telephone), Gonzales, Weir (participated by telephone), Smith, Freeman, Sullivan (seated at 3:31 p.m.) Absent: Parlier SPECIAL NOTICE Public Participation and Accessibility August 12, 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 August 12, 2020, at 3:30 p.m. will have limited public access. 2. The meeting scheduled for August 12, 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: 3612 Bakersfield, California, August 12, 2020- Page 2 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. PUBLIC STATEMENTS None. 3. WORKSHOPS a. Urban Hens (Staff recommends receive and file update.) A staff memorandum was received correcting an error in the Comparable City Research matrix and transmitting correspondence received. City Manager Clegg made staff comments. Development Services Director Boyle made additional staff comments and provided a PowerPoint presentation. 1 3613 Bakersfield, California, August 12, 2020- Page 3 3. WORKSHOPS continued ITEM 3.a. CONTINUED The following individuals spoke in opposition to amending the ordinance to allow backyard hens in residential areas: Joseph Kandle; Kenneth Hersh; and Gary Simmons. The following individuals spoke in favor of backyard hens in residential areas: Ryan Denbosky; Zoe Pelishek; Maddie Pelishek; Cessy Mangum; MT Merickel (submitted written material); Becky Pelishek; Kevin Lugo; Kirk Boland (submitted written material); Bruce Bagwell; Benjamin Vinluan; and Alex Dulay. Keith Nettleton made comments regarding a separate subject. Councilmember Smith requested the Legislative and Litigation Committee review BUBH guidelines and draff an ordinance with the first reading to be presented at the September 23rd City Council meeting. Motion by Councilmember Smith to receive and file the update with the direction that staff is to work on the proposed ordinance, after it has been discussed in the Legislative and Litigation Committee, following BUBH guidelines, and return for Hirst reading of the ordinance at the September 23rd City Council meeting. Motion passed with Vice -Mayor Parlier absent, and Councilmembers Weir and Freeman voting no. b. Quarterly update from the Bakersfield -Kern Regional Homeless Collaborative (BKRHC) on Homeless System Performance Metrics. (Staff recommends to receive and file.) City Manager Clegg announced this item will be heard at the September 9th City Council meeting. 4. CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code section 54957.6. Motion by Councilmember Smith to adjourn to Closed Session at 5:04 p.m. Motion passed with Vice -Mayor Parlier absent. The Closed Session meeting was adjourned at 5:18 p.m. Meeting reconvened at 5:22 p.m. 3614 Bakersfield, California, August 12, 2020— Page 4 5. CLOSED SESSION ACTION a. 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 5:23 p.m. REGULAR MEETING- 5:25 p.m. 1. ROLL CALL Present: Mayor Goh, Councilmembers Rivera (participated by telephone), Gonzales, Weir (participated by telephone), Smith, Freeman, Sullivan Absent: Parlier SPECIAL NOTICE Public Participation and Accessibility August 12, 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 August 12, 2020, at 3:30 p.m. will have limited public access. 2. The meeting scheduled for August 12, 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 3615 Bakersfield, California, August 12, 2020— Page 5 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 Smith. 3. PLEDGE OF ALLEGIANCE by Finance Director McKeegan. 4. PRESENTATIONS None. 5. PUBLIC STATEMENTS a. Keith Nettleton made comments regarding raising chickens. b. Curtis Bingham, Sr. expressed appreciation to the City Council and law enforcement. C. Adam Cohen expressed concern with the City's efforts to protect victims of domestic abuse and the confidentiality of addresses on the City's website. 3616 Bakersfield, California, August 12, 2020— Page 6 5. PUBLIC STATEMENTS continued d. Wayne Kress and Bart Hill requested the City begin construction of cul-de-sac walls along the south side of 241h Street upon the completion of the 24th Street Improvement Project. Councilmember Gonzales requested staff identify a funding source for the completion of the block wall along the south side of 241h Street, review the design, and return to Council for consideration at a future meeting. e. The following individuals emailed comments expressing concern with the City's efforts to protect victims of identity theft, domestic violence victims, and the confidentiality of addresses: the Judge's spouse; Golf Pro; P Garcia; Ryan, Bakersfield New Homes; Mikey F; Judy Woo; Rosa H; Marie Smith; Philip Padilla; Sharizi; Clarissa Liu; Shellie Hankins; Richie; Matt Kassel; Ken H; Erin M; Sussie QL; Bakersfield Mom; BC Renegade; Phillip, tchsavvy; Kern Source; Jenny G; Scott B; Mary Shadden; James Johnson; Asp Asp; Omar S; Anita Kanitz; Stop Tax Coalition; Jaialai 1; Fast Car; Bill T; Sally F; and H Smith. Wayne Kress left voicemail comments requesting the City begin construction of a wall along the south side of 24th Street following the completion of the 24th Street Improvement Project. g. Nichelle Medrano emailed comments in support of an eviction moratorium ordinance. 6. WORKSHOPS None. 7. APPOINTMENTS None. 8. CONSENT CALENDAR (Staff recommends adoption of Consent Calendar items.) Minutes: a. Approval of minutes of the July 15, 2020, Regular City Council Meetings. Payments: b. Receive and file department payments from July 2, 2020, to July 30, 2020, in the amount of $68,709,722.23; Self Insurance payments from July 2, 2020, to July 30, 2020, in the amount of $4,631,461.25; totaling $73,341,183.48. 3617 Bakersfield, California, August 12, 2020— Page 7 8. CONSENT CALENDAR continued Ordinances: C. First reading of an ordinance amending the Bakersfield Municipal Code related to dissolving the Board of Zoning Adjustment and assigning its responsibilities to the Planning Commission and the ,Planning Director. FR ONLY d. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from C-1 (Neighborhood Commercial) to C-2 (Regional Commercial) on approximately 0.45 acres located at 4040 Ming Avenue (ZC No. 20-0062). FR ONLY e. First reading of an ordinance amending Sections 10.64.020 and 10.64.040 of the Bakersfield Municipal Code relating to Abandoned or Junk Vehicles. FR ONLY f. First reading of an ordinance amending Bakersfield Municipal Code Section 1. 12.070 by adding the legal description of Annexation No. 654 consisting of 7.44 acres located on the north side of Taft Highway along the east and west sides of Michelle Street (Ward 7). FR ONLY g. First reading of an ordinance amending Bakersfield Municipal Code Section 1. 12.040 by adding the legal description of Annexation No. 673 consisting of 0.88 acres located along the west side of Calloway Drive, approximately 530 feet north of Brimhall Road (Ward 4). FR ONLY h. Adoption of ordinance amending Title 17 of the Bakersfield Municipal Code related to a Determination of Uses not listed in the Zoning Ordinance. (FR 7/15/2020) ORD 5008 i. Adoption of ordinance amending Title 17 of the Bakersfield Municipal Code related to approved landscape plan requirements. (FR 7/15/2020) ORD 5009 3618 Bakersfield, California, August 12, 2020— Page 8 8. CONSENT CALENDAR continued j. Adoption of ordinance amending Bakersfield Municipal Code Section 1. 12.070 by adding the legal description of Annexation No. 677 consisting of 14.40 acres located generally north of Panama Lane and west of State Route 99. (FR 7/15/2020) ORD 5010 k. Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from C-2 (Regional Commercial) to M-1 (Light Manufacturing) on 20.55 gross acres located at the northeast corner of the Taft Highway & South H Street intersection (GPA/ZC No. 19-0292). (FR 7/15/2020) ORD 5011 Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R -S (Residential Suburban) and R-1 (One Family Dwelling) to C-1 /PCD (Neighborhood Commercial/Planned Commercial Development) on 10.7 acres located on the northeast corner of Hosking Avenue & Wible Road (GPA/ZC No. 19-0035). (FR 7/15/2020) ORD 5012 M. Adoption 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 change a condition of approval on 16.32 acres located 5025 Wible Road (ZC 20-0046). (FR 7/15/2020) ORD 5013 n. Adoption of Ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the project area described as 'DI Zone Site A' zone district from a M-1 (Light Manufacturing) zone district to a DI (Drilling Island) zone district on 2.59 acres, and R-1 (One -Family Dwelling) zone district to a DI (Drilling Island) zone district on 0.68 acres; and the project area described as 'DI Zone Site B' zone district from a M-1 (Light Manufacturing) zone district to a DI (Drilling Island) zone district on 0.29 acres, and R-1 (One -Family Dwelling) zone district to a DI (Drilling Island) zone district on 0.68 acres, from a DI (Drilling Island) zone district to a R-1 (One -Family Dwelling) zone district on 0.61 acres, generally located along the southeast corner of Santa Fe Way and Renfro Road intersection. (ZC 19-0228). (FR 7/15/2020) ORD 5014 3619 Bakersfield, California, August 12, 2020- Page 9 8. CONSENT CALENDAR continued Resolutions: o. 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 108-2020 P. Resolution approving an application to the Kern County Local Agency Formation Commission to annex inhabited territory into the City identified as Annexation No. 680 (Harris No. 5) located along the north and south sides of Harris Road and the east and west sides of Akers Road. Use of a Notice of Exemption will also be considered. RES 109-2020 q. Emergency Sewer Repair at Chester Avenue and Brundage Lane. 1. Resolution dispensing with bidding procedures due to emergency sewer repair at intersection of Chester Avenue and Brundage Lane and authorizing Griffith Company (Not to Exceed $1,700,000) and Rain for Rent (Not to Exceed $450,000) to perform necessary repairs. RES 110-2020 2. Appropriate $2,300,000 Sewer Enterprise Fund balance to the Public Works Department's Capital Improvement Budget within the Sewer Enterprise Fund for this repair. 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 $250,000. RES 111-2020 S. Resolution determining that a Pierce Arrow aerial ladder truck can most efficiently be obtained through cooperative procurement bidding procedures from South Coast Fire Equipment, on behalf of Pierce Manufacturing, Inc. and authorizing the Finance Director to dispense with bidding thereof, not to exceed $1,200,000. RES 112-2020 3620 8. Bakersfield, California, August 12, 2020- Page 10 CONSENT CALENDAR continued Resolution determining that a Caterpillar motor grader can most efficiently be obtained through cooperative procurement bidding procedures from Quinn CAT and authorizing the Finance Director to dispense with bidding thereof, not to exceed $472,000. RES 113-2020 U. Purchase of a Caterpillar wheel loader: 1. Resolution determining that a wheel loader can most efficiently be obtained through cooperative procurement bidding procedures from Quinn Cat and authorizing the Finance Director to dispense with bidding thereof, not to exceed $330,000. RES 114-2020 2. Appropriate and Transfer $30,000 Refuse Enterprise Fund balance to the Public Works Operating Budget within the Equipment Management Fund for the purchase. V. Resolution allowing emergency action be taken by City Manager and Finance Director to expedite procurement of materials and services of the Brundage Lane Navigation Center (BLNC) in connection to the declaration of a homeless crisis and the COVID- 19 emergency. RES 115-2020 W. Resolution authorizing the examination of sales, use, and transactions tax records. RES 116-2020 X. Elevator Maintenance 1. Resolution determining that an elevator maintenance contract can most efficiently be obtained through cooperative procurement bidding procedures from ThyssenKrupp Elevator Corporation and authorizing the Finance Director to dispense with bidding thereof, not to exceed $70,000. RES 117-2020 2. Approval of agreement with ThyssenKrupp Elevator Corporation to provide a contract for elevator maintenance. AGR 2020-134 1 1 1 3621 Bakersfield, California, August 12, 2020- Page 11 8. CONSENT CALENDAR continued Y. New job specification and change to salary schedule: 1. Amendment No. 04 to Resolution No. 160-19 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory, and Management Units for Risk Management Safety Officer. RES 160-19(4) 2. New Job Specification: Risk Management Safety Officer #87800 Z. Revised Job Specifications, New Job Specifications and Change to Salary Schedule: 1. Amendment No. 3 to Resolution No. 179-19 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Light Equipment Operator. RES 179-19(3) 2. Close Job Specifications: Light Equipment Operator Parks # 13180 and Light Equipment Operator Water # 13190 3. New Job Specification: Light Equipment Operator #13160 4. Job Specification Revision: Service Maintenance Worker #13700 aa. Resolution of Intention no. 2054 for the Non -Summary Vacation of a portion of the 'T' alley between H St and Eye St behind 1629 California Avenue. R012054 ab. 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 #2055 adding Area 4-215 (2251 Mount Vernon Avenue) - Ward 3 R012055 2. ROI #2056 adding Area 4-219 (1919 Truxtun Avenue) -Ward 2 R012056 3622 Bakersfield, California, August 12, 2020- Page 12 8. CONSENT CALENDAR continued Agreements: ac. Contribution Agreements 1. Agreement with Bakersfield Symphony Orchestra ($50,000) to support core activities at the Bakersfield Museum of Art. AGR 2020-135 2. Agreement with Bakersfield Art Foundation ($50,000) for cultural and recreational activities at City owned facilities. AGR 2020-136 ad. Letter Agreement Extending the Term of the Master Tax Sharing Agreement with the County of Kern for an additional period of five years ending November 4, 2025. AGR 15-277(1) ae. Agreement with Abacus IMT, Inc. (one year term; $60,000) for internal combustion engine repair and maintenance for Wastewater Division. AGR 2020-137 of. Agreement with Malwarebytes ($23,100) to provide virus and malware device security for City systems. AGR 2020-138 ag. Final Map and Improvement Agreement with RGF Land Company, Inc. for Tract 7261 Phase 2, Located at the Southeast Corner of Gosford Road and Panama Lane. AGR 2020-139 ah. Final Map, Improvement Agreement, and Landscape Agreement with Summit Capital Ventures, Inc. and John Balfanz Homes, Inc. for Tract 7335 Phase 1, Located East of Allen Road and South of Hawksmoor Street. AGR 2020-140, AGR 2020-141 ai. 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. AGR 2020-142, AGR 2020-143 U 3623 Bakersfield, California, August 12, 2020— Page 13 8. CONSENT CALENDAR continued aj. Amendment No. 3 to Agreement No. 13-088 with AmeriNational Community Services, Inc. ($17,000, not to exceed $164,500.00) to provide loan and related financial services for the City's Single - Family Rehabilitation, Multi -Family Rehabilitation, Commercial Loans, and Down Payment Assistance loan programs. (All Wards) AGR 13-088(3) ak. Amendment No. 2 to Agreement No. 18-132 with Jim Alfter Cement Contractor, ($1,400,000 revised not to exceed $4,218,976.50, and extend the term one year) to continue the supply of concrete construction. AGR 18-132(2) al. Amendment No. 3 to Agreement No. 17-193 with NVS, Inc. ($200,000; revised not to exceed $800,000) for "on-call" inspection services for MCI/Verizon communication project. AGR 17-193(3) am. Amendment No. 2 to Agreement No. 18-133 with Kern Masonry Structures Inc., ($150,000 revised not to exceed $450,000, and extend term one year) to continue the supply of block wall repair. AGR 18-133(2) an. Amendment No. 4 to Agreement No. 16-181 with Western Refining Company, LP (extend the term one year), to continue the supply of CSS -1 H asphaltic emulsion. AGR 16-181(4) ao. Amendment No. 5 to Agreement No. 16-184 with General Tree Service Inc. ($700,000; revised not to exceed $3,358,000), to continue the supply of tree trimming services. AGR I6-184(5) ap. Amendment No. 4 to Agreement No. 16-265 with Rotational Molding, Inc. ($150,000; revised not to exceed $1,959,400 and extend term one year), to continue the supply of refuse and recycling carts. AGR 16-265(4) aq. Amendment No. 1 to Agreement 2020-004 with Superion LLC a CentralSquare Company (not to exceed $572,000) for annual software maintenance and additional software licenses. AGR 2020-004(1) 3624 Bakersfield, California, August 12, 2020- Page 14 8. CONSENT CALENDAR continued Bids: or. Wastewater Treatment Plant No. 3 Landscape and Irrigation Improvements for McCutchen and Gosford Road Project: 1. Accept bid and approve contract with American Landscape, Inc. ($1,155,709.40), for said project. AGR 2020-144 2. Appropriate $120,000 in Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement Program (CIP) budget for said project. as. Accept bid and approve contract with Proffitt Construction Inc., dba Superior Construction ($545,670) for Construction of Administrative Building for the Mt. Vernon Recycling and Composting Facility. AGR 2020-145 at. Extend bid from Jim Burke Ford ($48,695.27) for the purchase of a cargo van with a high roof for the Police Department. au. Extend bid from Ray Gaskin Service ($1,034,935.06) for the purchase of three rear mechanical broom sweepers for the Streets Division. Miscellaneous: ay. Appropriate $30,000 Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Airport Grant to the Public Works Operating Budget within the General Aviation Fund to be used for operating costs at the Bakersfield Municipal Airport. Successor Agency Business: aw. Receive and file Successor Agency payments from July 2, 2020, to July 30, 2020, in the amount of $629,937.40. Public Safety/Vital Services Measure: ax. Agreement with RLH Fire Protection, Inc. ($47,500) to install the fire alarm system at the Brundage Lane Navigation Center (BLNC). AGR 2020-146 ay. Accept Bid and approve contract to US National Corp ($74,800) to repaint the Mechanics Bank Arena concourse. AGR 2020-147 3625 Bakersfield, California, August 12, 2020— Page 15 8. CONSENT CALENDAR continued az. Agreement with San Joaquin Interiors, Inc. ($47,930) to install floor coverings at the Brundage Lane Navigation Center (BLNC). AGR 2020-148 ba. Staff Referral to the Budget and Finance Committee Regarding the Development of a Policy to Establish an Annual Salary and Benefits Limit for Public Safety and Vital Services Measure Appropriations. City Clerk Drimakis announced a staff memorandum was received regarding item 8.ap., correcting the subject description. Motion by Councilmember Smith to adopt Consent Calendar items 8.a. through 8.ba. Motion passed with Vice -Mayor Parlier absent. 9. CONSENT CALENDAR PUBLIC HEARINGS (Staff recommends conducting Consent Calendar Public Hearing and approving staff recommendations.) None. 10. HEARINGS a. Public Hearing to consider approving a comprehensive update to the Bakersfield General Plan as outlined in the General Plan Update Strategy and Options Report. (City staff and Planning Commission recommend adoption of a Resolution approving a comprehensive update to the Bakersfield General Plan as outlined in the General Plan Update Strategy and Options Report.) RES 118-2020 A staff memorandum was received regarding item I O.a., transmitting correspondence received. Development Services Director Boyle made staff comments. Eric VonBerg, Rincon Consultants, Inc., made comments and provided a PowerPoint presentation. Hearing item 10.a. opened at 6:03 p.m. No one spoke in opposition to the staff recommendation. Troy Hightower and Steve Montgomery, Kern-Kaweah Sierra Club, spoke.in support of the staff recommendation. Hearing item 10.a. closed at 6:09 p.m. Motion by Councilmember Smith to approve the staff recommendation. Motion passed with Vice -Mayor Parlier absent. 3626 Bakersfield, California, August 12, 2020- Page 16 10. HEARINGS continued b. 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 upholding the appeal and adding conditions as presented herein.) RES 119-2020, RES 120-2020 A staff memorandum was received regarding item l O.b., transmitting an updated Resolution,with exhibits. Development Services Director Boyle made staff comments. Mayor Goh stated this item was opened and continued from the July 15th City Council meeting. No one spoke in opposition to the staff recommendation. Patricia Newquist, McIntosh & Associates, Inc., spoke in support of the staff recommendation. Hearing item 10.b. closed at 6:17 pm Motion by Counciimember Freeman to approve the staff recommendation. Motion passed with Vice -Mayor Parlier absent. 11. REPORTS None. 12. DEFERRED BUSINESS None. 1 3627 Bakersfield, California, August 12, 2020— Page 17 13. NEW BUSINESS a. Coronavirus Aid, Relief, and Economic Security (CARES) Act Funding Overview: 1. Plan Overview 2. Appropriate $7,692,040 to the CARES COVID Relief Fund operating budget for Fiscal Year 2019-20. 3. Appropriate $25,810,366 to the CARES COVID Relief Fund operating budget for Fiscal Year 2020-21. (Staff recommends approval of the plan, authorizes staff to implement as deemed necessary and approves the two appropriations.) City Clerk Drimakis announced a staff memorandum was received transmitting correspondence regarding item 13.a. Councilmember Gonzales stated he will abstain from this item in an abundance of caution, due to a potential conflict of interest, and left the chambers at this time. City Manager Clegg made staff comments. Assistant City Manager Huot made additional staff comments and provided a PowerPoint presentation. Councilmember Rivera left the meeting at 6:30 p.m. Motion by Councilmember Freeman to approve the staff recommendation. Motion passed with Councilmember Rivera and Vice -Mayor Parlier absent, and Councilmember Gonzales abstaining. 14. COUNCIL AND MAYOR STATEMENTS Mayor Goh acknowledged Alexsia Drulias, Senior at Garces Memorial High School, in recognition of receiving the Mayor's Trophy award. Mayor Goh stated she had the pleasure of participating in the ribbon cutting ceremony for Superior Grocers, located at Union Avenue and California Avenue. Mayor Goh recognized Miriam Kann on the celebration of her 103rd birthday. 1 3628 Bakersfield, California, August 12, 2020- Page 18 15. ADJOURNMENT Mayor Goh adjourned the meeting at 6:42 p.m. /A4 we&/ KAREN GOH MAYOR of the City of Bakersfield ATTEST: � 1't- �-V� �'- ALIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 1 1