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HomeMy WebLinkAbout02/03/21 CC MINUTES3750 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF FEBRUARY 3, 2021 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 Weir, Councilmembers Arias (seated at 3:32 p.m.), Gonzales, Smith, Freeman, Gray, Parlier Absent: None SPECIAL NOTICE Public Participation and Accessibility February 3, 2021 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 February 3, 2021, at 3:30 p.m. will have limited public access. 2. The meeting scheduled for February 3, 2021, 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). 3751 Bakersfield, California, February 3, 2021- Page 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. 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. 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 a. Yolanda Hamen expressed concern with the Golden Empire Transit District schedule and submitted written material. Councilmember Arias requested staff reach out to GET bus to provide a presentation to the Council. 3. WORKSHOPS a. Downtown Master Sewer Study Presentation by MKN & Associates. (Staff recommends the City Council receive and file the Downtown Master Sewer Study.) City Clerk Drimakis announced a staff memorandum was received regarding item 3.a., transmitting correspondence. Public Works Director Fidler made staff comments. Josh Nord and Rob Lepore, MKN & Associates, Inc., made comments and provided a PowerPoint presentation. Motion by Vice -Mayor Weir to receive and file. Motion passed. 3752 Bakersfield, California, February 3, 2021— Page 3 4, CLOSED SESSION a. Conference with Legal Counsel — Initiation of Litigation; Closed session pursuant to Government Code section 54956.9(d)(4) (Two matters). b. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) regarding Rosedale -Rio Bravo Water Storage District, a California Water Storage District v. City of Bakersfield Kern County Superior Court Case No. BCV -19-103483 Motion by Vice -Mayor Weir to adjourn to Closed Session at 4:04 p.m. Motion passed. The Closed Session meeting was adjourned at 4:36 p.m. Meeting reconvened at 4:46 p.m. 5. CLOSED SESSION ACTION a. Conference with Legal Counsel — Initiation of Litigation; Closed session pursuant to Government Code section 54956.9(d) (4) (Two matters). BY A UNANIMOUS VOTE, CITY ATTORNEY WAS GIVEN DIRECTION ON BOTH MATTERS. b. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9 (d) (1) regarding Rosedale -Rio Bravo Water Storage District, a California Water Storage District v. City of Bakersfield Kern County Superior Court Case No. BCV- 19-103483 NO REPORTABLE ACTION 6. ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting at 4:47 p.m. REGULAR MEETING - 5:15 PM 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Weir, Councilmembers Arias, Gonzales, Smith, Freeman, Gray, Parlier Absent: None 3753 Bakersfield, California, February 3, 2021— Page 4 SPECIAL NOTICE Public Participation and Accessibility February 3, 2021 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 February 3, 2021, at 3:30 p.m. will have limited public access. 2. The meeting scheduled for February 3, 2021, 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). 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. 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. 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. Bakersfield, California, February 3,.2021— Page 5 2. INVOCATION by Councilmember Parlier. 3. PLEDGE OF ALLEGIANCE by Councilmember Freeman. 4. PRESENTATIONS None. City Clerk Drimakis announced a staff memorandum was received regarding Hearing item I O.a., advising that staff will conduct the public hearing to receive public comment but no action will be taken tonight. 5. PUBLIC STATEMENTS a. Michael Turnipseed, Kern County Taxpayers Association, expressed concern with police staffing, crime rates, and customer safety; and submitted written material. Councilmember Parlier requested that the following topics be discussed with the Safe Neighborhoods Committee: Police staffing levels/lateral hiring efforts; crime statistics/rates; and accounting for sworn personnel between General Fund and PSVS. Councilmember Freeman requested that the topics referred to the Safe Neighborhood Committee by Councilmember Parlier also be brought back for presentation to the full City Council. Councilmember Parlier requested that staff present a workshop on crime levels to the City Council. b. James Osborne, Vice -President of Villagers Inc., spoke regarding his non-profit organization that offers free distance learning services in Bakersfield; and asked Council for support to help with the rising need for their services. Councilmember Gonzales requested staff contact Mr. Osborne, and explore potential resource assistance options such as CDBG project allocations or CARES funding. C. The following individuals spoke in support of Consent Calendar item 8.f., the rescission of hen ordinances: Gary Simmons; Anna Albiar, Bakersfield Association of Realtors; and Joe Newton. d. The following individuals spoke in opposition to Consent Calendar item 8.f., the rescission of hen ordinances: Carl Bryan (submitted written material); Janet Rossi, on behalf of Phil Rudnick; Wendy Mendoza; and Brian Taylor (submitted written material). 1 3754 3755 Bakersfield, California, February 3, 2021— Page 6 5. PUBLIC STATEMENTS continued e. The following individuals left voicemail and emailed comments in opposition to Consent Calendar item 8.f., the rescission of hen ordinances: Abe Bryan Bumacod; Abigail Lewis; Alex Dulay; Alexis Feller; Alisha Brewer; Allan De Leon; Allison Whitton; Allyson Miller; Allyson Swen; Alyssa Antonigiovanni; Amanda Gauthier -Parker; Amanda Schwartz; Andrew Ripley; Andrea Selvey; Andrew RD; Andy Varner; Angela Low; Angelee Rosales; Angelina Subia; Anna Rocco; Annabella Rosales; Arian Garcia; Ashkea McAllister; Ashley Fontes; Barbara McNeil; Barbara Norcross; Barby Rodriguez; Becca Moffatt; Becky Pelishek; Breanne Corley; Brenda Lopez; Brian Malavar; brianthompson458; Bruce Bagwell; Bryce Hayes; Caleb Hawkesworth; Camelia Ceron Montes; Candice Espericueta; Carla Martinez; Carla McCoy; Carol Lair; Carole Gribben; Cassandra Sanchez; Catherine Winters; Cathleen Warren; Ceasar; Cecilia Dollar; Chelsea Padilla; Christi Nolan; Christina Park; Christina Rajlal; Cindy Joslyn; Claudia Lopez; Cody Ganger; Colleen Miller; Courtney McLemore; Crystal Day; Dan Soberano; Daniel Becina; Daniel Olivares; Danny Wilson; Darrin Star; Darryl Pope; David Brust; David Newton; Dawn Doyle; De Ana Christy; Dean Fowler; Debra Davis; Debra Foster; Denise Netherton; Diane Olson; Dianne Bryant; Dindo Franz; DJ; Donna Castillo; drgroves72; Dusti McDaris; Eb; Elena Porcho; Emily Dawson; Emily Keverline; Erica Bersentes; Erica Kimmel; Erica Williams; Erin Obert; Esther Nunez; Fabio Rosales; Fawn Kline; Felix Camotuya; Frank Ripepi; Gabrielle Canales; Gail Fieldgrove; Gena Householder; George Fuentes; Heather Aherne; Heather Dobbs; Heather Merickel; Helen Kotowske; Heyley Taber; imluke; Ingrid Henderson; Iva Fendrick; Jack Merickel; Jan Hei; Janice French; Janie Boland; Jay Clayton; jEANETTE Redstone; Jeff Murray; Jeffrey Maberry; Jenifer Pitcher; Jennifer Clayton; Jennifer Constantine; Jennifer Kirstine; Jennifer Leflar; Jennifer Phillips; Jenny Sanchez; Jeremy Doyle; Jessica Cadena; Jessica Regal; Jessie Fowler; Jill Burdick; Jocelyn Wolter; John Franke; John McCoy; Jordan Kennedy; Jorge Talabong; Joshua Lewis; JP Hampton; J'Resah Keeney; jtarula627; Julia Castillo; Justin Ader; Kailan Carr; Kara Flockton; Karen Welch; Katherine Winters; Kathleen SansSoucie; Katie Cerda; Katie Copeland; Kay Till; Keith Shotts; Kelly Castruita; Kelsey Doyle; Kevster Lugster; Kim Chaney; Kimberleigh Womack; Kimberly Klaas; Kristianna Serrano; Kristina Clark; Larry Brown; Leah Carr; Leeandgenise; Leticia Pelayo; Lisa; Lisa Chatterton; Lisa Smith; lisamuzzle; Lois Ashe; Lori A. Kayes; Lori Park; Lori Rodriguez; Luis Valladares; Macario Visto; Mackenzie Jordan; Madison Antonell; Mallaurire Vermillion; Marci Nissen; Marci Scott; Marco Flores; Marcotapia93; Margaret Aguilera; Maribelle Guerrero; Mark Perral; Marta Spaeth; Mary Anne Blanchard; Matt Kennedy; Matt Pelishek; Matthew Mills; Matthew Ouska; Mediaman; Melinda Avila; Michael Garcia; Michael Harp; Mikaela 3756 Bakersfield, California, February 3, 2021- Page 7 5. PUBLIC STATEMENTS continued ITEM 5.e. CONTINUED Cardenas; Miranda McCoy; Misty Caraan; Molly Foster; MT Merickel; Myrriah Collins; Nancy Jean Romero; Nichole Sabo; Nick Swaim; Nicole Rickett; Nikki Kirstine; No name; No name provided; ochoball83; Olinda Garcia; Paige Loya; Pat Petersen; Patricia Pierce; paulys79; Phylliss Sims; Randy Scholl; Rebecca Lowe; Regina Deaton; Renee Nelson; Rex Estoque; Rhiannon Solorzano; RJ B; Robert Eichar; Robert Flitcraft; Robert Johnson; Robin Ablin; Rueben Canales; Ryan Carr; Ryan Dembosky; Sam Digilio; Sandi Kallenberger; Sara Smith; Sarah Appleton; Sarah Elliot; Sarah Trupe; Scott Anderson; Scott Waterman; Shannon Christian; Sharon Scott; Shawnda Banks; SL; Stephen Winters; Steve Obert; Steve Romero; Stockdale Elementary; Str8jesus; Sue Layman; Tanja Brewer; Tayler Bagwell; Tea; Terrance Banks; Tiffany Amaya; Timari Duty; Tom Williams; Tracey Crawford; Troy J. Carroll; Tyler Bates; Valerie Walker; Vicki Tobin; Victoria Milligan; Walkingdead237; Wanda Johnson; Wanda Petersen; Wendi Kaff; Yousef Hamed; 6617474647; Ada Robinson; Annette Lyday; Brian Boozer & Megan McCullah- Boozer; Carissa Clough; Carly Bryan; Carmen Lopez; Carolina Chaidez; Cassie LaFever; Dana Kirui; Danielle Peterson; Dave and Tanya Beagles; Debbie Tweed; Ginger Brown; Gloria Pope; Heather Crosby; Jakob Vigstrom; James Lautner; Jamie Whitlock; Jennifer Clayton; Joan Ellis; Jocelyn Mimaja; Joe Newton; Joe Rivas; John Tweed; Juan Rodriguez Jr; Judy Farris; Kalli Beckwith; Kim; Kirk Boland; Leah Lynn Simmons; Leslie Fowler; Leticia Alvarado; Leticia Pelayo; lorie.chambless; Mat Uman; Michelle Harp; Nate Vazquez; Nicole Ramirez; Nicki Tramel; Olga See; Peni Darnell; Peter P.; Ron Antongiovanni; Sari Potes; Savannah McCoy; Seth Pailet; Sheryce Scott; Valerie Clark; Abegail Lontoc; Grace Willhelm; Sabrina Cornelius; and Terry Gonsman. f. The following individuals left voicemail and emailed comments in support of Consent Calendar item 8.f., the rescission of hen ordinances: Angela Henderson; Janine McKinley; Barbara Lewy; Bruno Faulkner; Jesse Mary Leal; junksp; Rob Graphic Tech; Sari; Walter Keenan; William E. Butcher; Barbara Rademacher; Beth Phipps; Betsy Wadman; Bill Descary; Carol McMahon Bender; Craig D. Harrell; Cristenlittle5l ; Dave Thomas; David Dmohowski; David M Hess; Donald McCall; Gwen Dobbs; John Vanauken; Karen Ash; Karen Crawford; Kathy Hawks; Kim Ouska; Larry Bright; Linda Banducci; Lori Barnett; Lynda Leopold; Mike and Linda Fabrizius; Mleveroni; Nicholas Rhodes; No name provided; No name provided; Pat Wadman; Paula Maxwell; Paulette Bogges; Pette Pogges; Pete Leveroni; Randall Phipps; Richard and Cheryl Rodriguez; Robert B. Sheldon; Sandra Descary; Sandy Lewy; Sandy Welch; Susan Richardson; Terry and Betsy Kloth; Timothy Johnson; Tony Lopez; Victoria Williamson; and Walter Keenan. 3757 Bakersfield, California, February 3, 2021— Page 8 5. PUBLIC STATEMENTS continued g. Johanna Coronado emailed comments regarding public statements made at the January 20th City Council meeting, regarding sidewalks. h. Jonathan Hawes emailed comments regarding embezzlement from the EI Monte Promise Foundation scholarship fund. i. Kalli Beckwith emailed comments regarding the need for a code of ethics regarding City Councilmember's roles and responsibilities. j. Ginny Petersen emailed comments in opposition to the development of a Chick-fil-A in the parking lot area of Rosedale Highway. 6. WORKSHOPS None. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. Minutes: a. Approval of minutes of the January 20, 2021, Regular City Council Meetings. Payments: b. Receive and file department payments from January 8, 2021, to January 21, 2021, in the amount of $19,264,806.76; Self Insurance payments from January 8, 2021, to January 21, 2021, in the amount of $336,646.01; totaling $19,601,452.77. Ordinances: C. Adoption of ordinance amending Title 17 of the Bakersfield Municipal Code related to parking space requirements within the Central District, Old Town Kern, and other mixed-use areas. (FR 01 /20/2021) ORD 5043 d. Adoption of ordinance amending Title 17 of the Bakersfield Municipal Code related to procedures for reasonable accommodation in the City's land use and zoning regulations pursuant to State of California Department of Housing and Community Development guidelines and requirements and fair housing laws. (FR 01/20/2021) ORD 5044 3758 Bakersfield, California, February 3, 2021— Page 9 8. CONSENT CALENDAR continued e. Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from PCD (Planned Commercial Development) zone to revised PCD zone for a change of use from retail to fast food on approximately 0.75 acres located at 9030 Rosedale Highway. (ZC 20-0343) (FR 1/20/2021) ORD 5045 f. Rescission of the following Ordinances: 1. Rescission of Ordinance No. 5023 amending Section 6.08 of the Bakersfield Municipal Code relating to Fowl and Rescission of Ordinance No. 5032 which created Chapter 6.09 Relating to Hens in the R-1 Zone. 2. Rescission of Ordinances (Clean-ups) amending the Bakersfield Municipal Code as follows: • Ordinance No. 5024: Section 6.04.230 of the Bakersfield Municipal Code relating to Keeping of Noisy Animals. • Ordinance No. 5025: Section 6.20.010 of the Bakersfield Municipal Code relating to Maiming, Injuring or Killing of Animals. • Ordinance No. 5026: Section 15.68.070 of the Bakersfield Municipal Code relating to Dogs, Pets, and Livestock at Mobile Park Homes. • Ordinance No. 5027: Section 17.10.020 of the Bakersfield Municipal Code relating to R-1 One -Family Dwelling Zone. • Ordinance No. 5028: Section 17.12.010 of the Bakersfield Municipal Code relating to Residential Suburban Zones. • Ordinance No. 5029: Section 17.19.020 of the Bakersfield Municipal Code relating to RH (Residential Holding) Zone. • Ordinance No. 5030: Section 17.31.020 of the Bakersfield Municipal Code relating to M-3 (Heavy Industrial) Zone. • Ordinance No. 5031: Section 17.32.020 of the Bakersfield Municipal Code relating to A Agricultural Zone. REMOVED FOR SEPARATE CONSIDERATION 3759 8. Bakersfield, California, February 3, 2021— Page 10 CONSENT CALENDAR continued Resolutions: g. 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 015-2021 h. 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 5-105 (1401 Brook Street) - Ward 1 RES 016-2021 2. Area 5-108 (6915 Colony Street) - Ward 7 RES 017-2021 Agreements: L Agreement with Dennis Campos and Monica Campos ($1.00) whose address is 4204 La Mirada Avenue for the Direct sale of "Exempt Surplus" real property located between their property and the Centennial Corridor Sound wall. AGR 2021-021, DEED 9223 j. Agreement with Peyton Mills ($1.00) whose address is 4200 La Mirada Avenue for the Direct sale of "Exempt Surplus" real property located between their property and the Centennial Corridor Sound wall. AGR 2021-022, DEED 9224 Agreement with Flora J. Gonzalez ($1.00) whose address is 4112 La Mirada Avenue for the Direct sale of "Exempt Surplus" real property located between their property and the Centennial Corridor Sound wall. AGR 2021-023, DEED 9225 Agreement with Daniel Gonzalez and Kimberly Gonzalez ($1.00) whose address is 4108 La Mirada Avenue for the Direct sale of "Exempt Surplus" real property located between their property and the Centennial Corridor Sound wall. AGR 2021-024, DEED 9226 It M Bakersfield, California, February 3, 2021— Page 11 8. CONSENT CALENDAR continued M. Agreement with Reyna Guerra ($1.00) whose address is 4301 La Mirada Avenue for the Direct sale of "Exempt Surplus" real property located between their property and the Centennial Corridor Sound wall. AGR 2021-025, DEED 9227 n. Agreement with Hendrick Hinse and Martha C. Hinse ($1.00) whose address is 4104 La Mirada Avenue for the Direct sale of "Exempt Surplus" real property located between their property and the Centennial Corridor Sound wall. AGR 2021-026, DEED 9228 o. Agreement with Nicole M. McCoy ($1.00) whose address is 4205 La Mirada Avenue for the Direct sale of "Exempt Surplus" real property located between their property and the Centennial Corridor Sound wall. AGR 2021-027, DEED 9229 P. Agreement with SC Communications ($57,812.64) for the repair of portable Public Safety radios. AGR 2021-028 q. Amendment No. 1 to Agreement No. 2020-023 with Mark Thomas & Company, Inc. ($34,460; revised not to exceed $176,540), for the Rosedale Highway Widening Project between Calloway Drive and Verdugo Lane. AGR 2020-023(1) r. Amendment No. 2 to Agreement No. 18-155 with NV5, Inc, ($109,022.36; revised not to exceed $3,794,115.22), for additional construction management services for the 24th Street Improvement Project. AGR 18-155(2) S. Amendment No. 2 to Agreement 18-148 with NV5, Inc. ($314,655.34; revised not to exceed $4,868,254.40), for the Belle Terrace Operational Improvement Project. AGR 18-148(2) t. Contract Change Order to Agreement No. 2020-242 with Pacific West Sound, Inc. ($18,171.93, not to exceed unchanged at $700,000) for addition Audio Video switching equipment for the Council Chambers A/V and Broadcast upgrade project. AGR 2020-242 CCO 1 3761 Bakersfield, California, February 3, 2021- Page 12 8. CONSENT CALENDAR continued Bids: Miscellaneous: U. Appropriate $20,000 Cal Water Firefighter Grant Program Revenue to the Fire Department Operating budget within the General Fund for the purchase of a Polaris Ranger Utility Terrain Vehicle. V. Acceptance of FY 2019-20 Transportation Development Act Funds Audit Reports: Independent Auditor's Report, Fund Financial Statements, and Supplementary Information for the fiscal year ended June 30, 2020. 2. Auditor Communication with Those Charged with Governance (SAS 114 Letter) for fiscal year ended June 30, 2020. W. Audit Reports to be Referred to Budget and Finance Committee: 1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2020. 2. Agreed Upon Conditions Report for the fiscal year ended June 30, 2020. 3. Auditor Communication with Those Charged with Governance (SAS 114 Letter) for fiscal year ended June 30, 2020. 4. Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2020. 5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended June 30, 2020. 6. Independent Auditors Report - Mechanics Bank Arena, Theater, Convention Center, Dignity Health Amphitheatre, and Valley Children's Ice Center for the fiscal year ended June 30, 2020. 7. Agreed Upon Procedures Report (Public Safety and Vital Services) for the fiscal year ended June 30, 2020. 1 1 1 Bakersfield, California, February 3, 2021— Page 13 8. CONSENT CALENDAR continued Successor Agency Business: X. Receive and file Successor Agency payments from January 8, 2021, to January 21, 2021, in the amount of $184,428.97. Public Safety/Vital Services Measure: City Clerk Drimakis announced a staff memorandum was received regarding item 8.w., transmitting additional reports. Councilmember Smith requested item 81 be removed for separate consideration. Motion by Vice -Mayor Weir to adopt Consent Calendar items 8.a. through 8.x., with the removal of item 81 for separate consideration. Motion passed. f. Rescission of the following Ordinances: 1. Rescission of Ordinance No. 5023 amending Section 6.08 of the Bakersfield Municipal Code relating to Fowl and Rescission of Ordinance No. 5032 which created Chapter 6.09 Relating to Hens in the R-1 Zone. 2. Rescission of Ordinances (Clean-ups) amending the Bakersfield Municipal Code as follows: • Ordinance No. 5024: Section 6.04.230 of the Bakersfield Municipal Code relating to Keeping of Noisy Animals. • Ordinance No. 5025: Section 6.20.010 of the Bakersfield Municipal Code relating to Maiming, Injuring or Killing of Animals. • Ordinance No. 5026: Section 15.68.070 of the Bakersfield Municipal Code relating to Dogs, Pets, and Livestock at Mobile Park Homes. • Ordinance No. 5027: Section 17.10.020 of the Bakersfield Municipal Code relating to R-1 One -Family Dwelling Zone. • Ordinance No. 5028: Section 17.12.010 of the Bakersfield Municipal Code relating to Residential Suburban Zones. Ordinance No. 5029: Section 17.19.020 of the Bakersfield Municipal Code relating to RH (Residential Holding) Zone. • Ordinance No. 5030: Section 17.31.020 of the Bakersfield Municipal Code relating to M-3 (Heavy Industrial) Zone. 3762 3763 Bakersfield, California, February 3, 2021— Page 14 8. CONSENT CALENDAR continued ITEM 8.f. CONTINUED • Ordinance No. 5031: Section 17.32.020 of the Bakersfield Municipal Code relating to A Agricultural Zone. Motion by Councilmember Smith to uphold the existing ordinances and continue to fight the current lawsuit. Motion by Vice -Mayor Weir to approve item 8.f, and that the subject of backyard hens not appear in front of the Council until a vote by four Councilmembers to discuss the issue. Motion passed with Councilmembers Arias, Gonzales, and Smith voting no. Councilmember Arias requested staff establish a standard or criteria for whether or not the City should defend an ordinance against litigation in the future. 9. CONSENT CALENDAR PUBLIC HEARINGS (Staff recommends conducting Consent Calendar Public Hearing and approving staff recommendations.) None. 10. HEARINGS a. Public Hearing to consider a resolution ordering the vacation of portions of several streets in the Westpark neighborhood that are now rendered inoperable by the construction of the Centennial Corridor freeway. (Staff recommends approval of the resolution.) NO ACTION TAKEN City Clerk Drimakis announced a staff memorandum was received regarding item 10.a., advising that staff will conduct the public hearing to receive public comment, but no action will be taken tonight. Councilmember Parlier left the meeting at 6:14 p.m. and returned to the meeting at 6:16 p.m. Mayor Goh announced this hearing will be opened and closed, and will be noticed for a future date. Hearing item 10.a. opened at 6:16 p.m. No one spoke. Hearing item 10.a. closed at 6:16 p.m. 1 3764 Bakersfield, California, February 3, 2021— Page 15 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Parlier requested the Safe Neighborhoods Committee obtain information on a drone program, citing the Chula Vista program as an example, for purposes of patrol and stopping crimes in progress. Councilmember Gray commended staff for their quick response to address a homeless camp near Pacheco and Stine Road; and for their efforts with street racing issues. Councilmember Gonzales stated that he visited the Brundage Lane Navigation Center (BLNC) today and learned there were 115 guests at the shelter; out of the 14 weeks the facility has been open, there have been 14 guests that have entered permanent housing; and expressed appreciation to staff for the new kitchen. Councilmember Arias requested staff explore the possibility of purchasing or transferring the County -owned veterans building next to MLK park to the City. Councilmember Arias requested staff restart the discussion for building out some "clean street teams" through the Bakersfield Homeless Center. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 6:24 p.m. O 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