HomeMy WebLinkAbout11/16/22 CC MINUTES4273
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 16, 2022
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, Gonzales, Smith,
Freeman, Gray, and Parlier
Absent: None.
2. PUBLIC STATEMENTS
a. Agenda Item Public Statements
Michael Turnipseed, Kern County Taxpayers Association, (written material
provided), Eddy Laine, Sierra Club (written material provided), Richard O'Neil,
Kern River Parkway Foundation, Edward Robinson, spoke regarding item 3.a.
b. Non -Agenda Item Public Statements
Michael Turnipseed, Kern County Taxpayers Association, spoke regarding item
7.1., for the November 16, 2022, 5:15 p.m. meeting. .
3. REPORTS
a. Recreation and Parks Master Plan Update Status Report and Presentation.
Staff recommends Council to receive an update on the progress of the
Master Plan and provide feedback on the efforts thus for to include a
preferred concept for the Martin Luther King Park re -imagining.
City Manager Clegg and Recreation and Parks Director Anthony provided
staff comments.
Cindy Mendoza, Project Manager from MIG provided staff comments and
PowerPoint presentation.
Councilmember Parlier requested the Planning & Development Committee
discuss a long-range plan to develop the vacant land surrounding the Kaiser
Permanente Sports Village.
Motion by Councilmember Gonzales to receive and file report and direction
to continue in the planning process. Motion is unanimously approved.
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Bakersfield, California, November 16, 2022 - Page 2
3. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to Government Code Section
54957.6.
Motion by Vice -Mayor Weir to adjourn to Closed Session at 4:26 p.m.
Motion is unanimously approved.
The Closed Session meeting was adjourned at 5:23 p.m.
Meeting reconvened at 5:23 p.m.
4. CLOSED SESSION ACTION
a. Conference with Labor Negotiator pursuant to Government Code Section
54957.6.
No Reportable Action
5. ADJOURNMENT
Mayor Goh adjourned the 3:30 p.m. meeting at 5:23 p.m.
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Bakersfield, California, November 16, 2022 - Page 3
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REGULAR MEETING - 5:27 PM
ROLL CALL
Present: Mayor Goh, Vice -Mayor Weir, Councilmembers Arias, Gonzales,
Smith, Freeman, Gray, and Parlier
Absent: None.
2. INVOCATION
by Dr. Anil Mehta, President of Chinmaya Mission.
3. PLEDGE OF ALLEGIANCE
by Maryam Webster, Junior at Stockdale High School, and Ward 6 Youth
Commissioner.
4. PRESENTATIONS
None.
5. PUBLIC STATEMENTS
a. Agenda Item Public Statements
1. Terry Maxwell spoke regarding Consent Calendar items 7.p. and 7.q.
2. Sandra Plascencia, Perry Elerts, Leadership Counsel, and Natalie
Santamaria spoke regarding Deferred Business item 1 1.a.
City Clerk Drimakis announced a staff memorandum was provided
transmitting correspondence.
b. Non -Agenda Item Public Statements
1. Ed Gaede, president Kern County WWII Veterans Organization, spoke
regarding an invite to the Kern County WWII Veterans Memorial
Dedication Day at Jastro Park, December 10, 2022, 10:00 am (written
material provided).
Councilmember Gonzales requested staff coordinate to allow
sufficient/additional accessible parking around Jastro Park for the
upcoming WWII Veterans Memorial Dedication Ceremony.
2. Paul Linfesty spoke regarding the City Council Meeting Calendar on the
City website.
Councilmember Parlier requested staff speak with Mr. Linfesty about the
location of the City Council meeting calendar on the City's website.
3. Terry Maxwell spoke regarding the hub.org and asked the Public Works
Director if he can have project contract number and total cost of the five
cul-de-sac block walls that are being put in on 24t" Street (written material
provided) . -
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Bakersfield, California, November 16, 2022 - Page 4
5. PUBLIC STATEMENTS continued
4. Alfredo Osorunia, spoke regarding Deferred Business item 1 1.a.
5. Cassie Bittle, Business owner, spoke regarding item 7.p.
6. APPOINTMENTS
None.
7. CONSENT CALENDAR
(Staff recommends adoption of Consent Calendar items.)
Minutes:
a. Approval of minutes of the November 2, 2022, Special and Regular City
Council Meetings.
Payments:
b. Receive and file department payments from October 21, 2022, to November
3, 2022, in the amount of $18,834,816.04, and Self -Insurance payments from
October 21, 2022, to November 3, 2022, in the amount of $349,310.81, totaling
$19,184,126.85.
Ordinances:
C. First Reading of the following ordinances amending various chapters of the
Bakersfield Municipal Code relating to public nuisances:
1. An ordinance amending Chapter 8.27 of the Bakersfield Municipal
Code to add Section 8.27.015 relating to maintenance of vacant
buildings.
2. An ordinance repealing and replacing in its entirety Chapter 8.80 of the
Bakersfield Municipal Code relating to abatement of public nuisances.
3. An ordinance amending Title 8 of the Bakersfield Municipal Code to
add Chapter 8.85 relating to assessments for abatement of public
nuisances.
FR only
d. Adoption of ordinance amending Bakersfield Municipal Code Section
1.12.040 by adding Annexation No. 694 consisting of 7.76 gross acres to Ward
4, located east of Jewetta Avenue approximately 120 feet south of Palm
Avenue. (FR 10/19/2022)
ORD 5108
e. Adoption of ordinance amending Bakersfield Municipal Code Section
1.12.050 by adding Annexation No. 695 consisting of 8.75 gross acres to Ward
5, located on the northwest corner of Jewetta Avenue and Brimhall Road
intersection. (FR 10/19/2022)
ORD 5109
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Bakersfield, California, November 16, 2022 - Page 5
7. CONSENT CALENDAR continued
f. Adoption of the following ordinances amending various sections of the
Bakersfield Municipal Code: (FR 11/02/22)
1. An ordinance amending Title 1 of the Bakersfield Municipal Code to add
Chapter 1.10 relating to Electronic Filings.
ORD 5110
2. An ordinance amending Chapters 15.04, 15.05, 15.07, 15.09, 15.11, 15.13,
15.15, 15.17 and 15.19 of the Bakersfield Municipal Code, relating to the
2022 versions of the California Building and Construction Codes.
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3. An ordinance amending Title 15 of the Bakersfield Municipal Code to add
Chapter 15.30 relating to the California Energy Code.
ORD 5112
g. Resolution of Intention to conditionally approve the sale of real property at
7821 Wible Road to Habitat for Humanity - Golden Empire at $175,000 to
develop affordable housing.
RES 183-2022
h. Resolution determining that a utility vehicle for Fire Department use cannot be
reasonably obtained through the usual bidding procedures and authorizing
the Finance Director to dispense with bidding thereof, not to exceed $70,000.
RES 184-2022
Mt. Vernon Greenwaste Facility trommel screen rental:
l . Resolution determining that the rental of a green waste trommel screen
cannot be reasonably obtained through the usual bidding procedures
due to an operational emergency and authorizing the Finance
Department to dispense with bidding thereof, not to exceed
$77,423.56.
RES 185-2022
2. Agreement with Quinn Cat for the rental of a green waste trommel
screen, not to exceed $77,423.56.
AGR 2022-236
j. Resolution to add Area 3-117 (3217 Berkshire Road) to the Consolidated
Maintenance District and approving, confirming, and adopting the Public
Works Director's Report. (Ward 7)
RES 186-2022
7 Bakersfield, California, November 16, 2022 - Page 6
7. CONSENT CALENDAR continued
k. Resolution of Intention (ROI) to add the following territories to the
Consolidated Maintenance District and preliminarily approving, confirming,
and adopting the Public Works Director's Report for each:
1. ROI No. 2158 adding Area 2-83 (3990/4000/4040 Ming Avenue) - Ward 6
R012158
2. ROI No. 2159 adding Area 5-116 (1400 & 1500 Taft Highway) - Ward 7
R012159
Updates to Salary Schedule:
1. Amendment No. 16 to Resolution No. 160-19 setting salaries and related
benefits for officers and employees of the General Supervisory, Police
Supervisory, and Management Units and adopting salary schedule and
related benefits.
RES 160-19 (16)
2. Amendment No. 31 to Resolution No. 044-93 setting salaries and related
benefits for officers and employees of the Temporary Unit.
RES O44-93 (3 7)
M. Revised and New Job Specifications:
l . Amendment No. 20 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.
RES 7 79-19 (20)
2. Amendment No.15 to Resolution No. 160-19 setting salaries and related
benefits for officers and employees of the General Supervisory, and
Management Units and adopting salary schedule and related benefits.
RES 160-19 (15)
3. Revised Job Specifications: Supervisor II - Recreation #57830, Water
Resources Director #89160 and Water Resources Manager #891 10
4. New Job Specifications: Technology Services Project Coordinator
#57165 and Risk Management Specialist # 26455
Agreements:
n. Homeless Housing, Assistance and Prevention Round 3:
1. Grant Agreement with Flood Bakersfield Ministries, Inc. ($300,000), for
Street Outreach Services.
AGR 2022-237
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Bakersfield, California, November 16, 2022 - Page 7
7. CONSENT CALENDAR continued
ITEM 7.n. continued
2. Appropriate $3,990,136.37 in Homeless Housing, Assistance and
Prevention (HHAP3) funds to the General Fund Economic and
Community Development Operating Budget.
o. Approval of FY2022-23 Emergency Solutions Grant (ESG) Agreements:
Open Door Network - ($70,000) for ESG funds to support Emergency
Shelter Services at 1600 East Truxtun Avenue;
AGR 2022-238
2. The Mission at Kern County ($70,000) for ESG funds to support
Emergency Shelter activities at 816 E. 21 st Street;
AGR 2022-239
3. Alliance Against Family Violence and Sexual Assault/Open Door
Network ($32,000) for ESG funds to support Emergency Shelter services
administered at 1921 19th Street;
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4. Flood Bakersfield Ministries ($25,000) for ESG funds to support Street
Outreach services administered at 601 24th Street;
AGR 2022-241
5. Open Door Network - ($54,210) for ESG funds to support Rapid
Re -Housing Program services administered at 1600 East Truxtun Avenue;
AGR 2022-242
6. Open Door Network - ($54,210) for ESG funds to provide Homeless
Prevention Program services administered at 1600 East Truxtun Avenue.
AGR 2022-243
P. Economic Opportunity Area Incentive Program - Grant Agreement ($50,000)
with Bakersfield Downtown Business Association.
REMOVED FOR SEPARATE CONSIDERATION. See page 11.
q. Economic Opportunity Area Incentive Program - Grant Agreement ($80,000)
with Boys & Girls Clubs of Kern County.
AGR 2022-245
r. Economic Opportunity Area Incentive Program - Grant Agreement ($55,000)
with Radio Sandwich.
AGR 2022-246
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Bakersfield, California, November 16, 2022 - Page 8
7. CONSENT CALENDAR continued
Environmental Impact Report (EIR) for General Plan Amendment/Zone
Change No. 22-0263:
1. Agreement with Hageman Properties LLC ($142,057) for the
preparation of an EIR.
AGR 2022-247
2. Agreement with Infrastructure Engineers ($89,275) to prepare EIR.
AGR 2022-248
t. Final Maps, Improvement Agreement, and Landscape Agreement with
Deertrail Brooke Pointe, LLC (Developer) for Tract 7136, Phase 1 & 2 located on
the northwest corner of Rio Verde Drive and McCutchen Road.
AGR 2022-249, AGR 2022-250
U. Transportation Impact Fee Credit Agreement with Buena Vista 6577, LLC (not
to exceed $105,930.94), for construction of Buena Vista Road from tract 3-4
boundary to Berkshire Road.
AGR 2022-251
V. Transportation Impact Fee Credit Agreement with D & A Premier Properties,
LLC (not to exceed $131,567.42), for the construction of SR 1 19/ Taft Highway
from Phase 1 /3 boundary to eastern boundary of Tract 6410.
AGR 2022-252
W. Transportation Impact Fee Credit Agreement with MG3 Partners, LLC (not to
exceed $224,770.79), for construction of SR1 19/ Taft Highway along the
frontage of Tract 6759.
AGR 2022-253
X. Bakersfield Municipal Airport:
1. Agreement with Mark Manda and Mary Sawyer (seller), which provides
for the City to purchase Hangar A-1 and terminates Agreement No. 92-
255 (Bakersfield Municipal Airport Long Term Ground Lease) associated
with Hangar A-1 (in lieu of cash, compensation for the purchase of
Hangar A-1 shall add an additional eight (8) year extension to sellers
existing Long Term Ground Lease for Hangar D-1 as stipulated in Item 2.)
AGR 2022-254
2. Amendment No. 3 to Agreement No. 07-034, which provides the
additional eight (8) year extension to the lessee in lieu of cash for the
City's purchase of Hangar A-1.
AGR 07-034 (3)
Y. Amendment No. 8 to Agreement No. 03-310 for employment of Virginia
Gennaro as City Attorney for the City of Bakersfield.
AGR 03-310 (8)
Bakersfield, California, November 16, 2022 - Page 9
7. CONSENT CALENDAR continued
Z. Amendment No. 3 to Agreement No. 96-342 with the County of Kern (extend
the term until June 30, 2024) for the current shared use parking facility
agreement.
AGR 96-342 (3)
aa. Amendment No. 1 to Agreement No. 2022-070 with Video Conference Gear
(extend the term of the contract through June 1, 2023) for audio/visual
conference room equipment and installation.
AGR 2022-070 (1)
ab. Amendment No. 4 to Agreement No. 18-199 with SC Commercial, LLC dba SC
Fuels ($1,250,000; revised not to exceed $5,550,000 and extend term one year)
to continue the supply of bobtail/partial fuel deliveries.
AGR 18-199 (4)
ac. Amendment No. 2 to Agreement No. 2021-244 with MJS Solutions LLC ($7,000;
revised not to exceed $79,999.96 and extend term one month) to continue
the supply of Janitorial Services at the Amtrak Station.
AGR 2027-244 (2)
ad. Amendment No. 2 to Agreement No. 18-113 with the Pacific Gas and Electric
Company (PG&E) ($89,747.12; revised not to exceed $944,173.12) for the
Bakersfield Freeway Connector Project.
AGR 18-113 (2)
ae. Contract Change Order No. 3 to Agreement No. 20-092 with Nicholas
Construction Inc. ($138,432.27; revised not to exceed $1,695,361.45) for the
Storm Water Pump Station: Police Department Pistol Range.
AGR 20-092 CCO 3
af. Contract Change Order Nos. 53 and 67 to Agreement No. 18-176 with Security
Paving Company ($68,052.26; revised not to exceed $50,662,159.15) for the
Bakersfield Freeway Connector Project.
AGR 18-176 CCO 53, CCO 67
ag. Contract Change Order No. 2 to Agreement No. 21-254 with Peterson -Chase
General Engineering Construction, Inc. ($17,062.50; revised not to exceed
$232,348.50), for the Bridge Joint Sealant for Allen Road Bridge Project.
AGR 21-254 CCO 2
Bids:
ah. Accept bid from Douglas Food Stores, Inc. ($54,219.06), for under counter
beverage center coolers for Mechanics Bank Arena.
ai. Accept bid from Lehr Auto Electric ($435,518.45) for Panasonic Toughbook
Mobile Data Computers (MDCs) for the Technology Services Department.-
Bakersfield, California, November 16, 2022 - Page 10
7. CONSENT CALENDAR continued
aj. Accept bid from Brock's Trailers. Bakersfield ($66,640.29) for a grapple dump
trailer for the Development Services Department.
ak. . Accept bid from Jim Burke Ford, Bakersfield ($68,214.08) for a 16,500 Gross
Vehicle Weight (GVW) truck with Tommy lift and custom stake bed for the
Development Services Department.
al. Purchase of 3/4 Ton Pickups w-dump bed insert for the Streets Division.
1. Increase cost to Motor City Sales & Service, Bakersfield ($26,168.48) for
four replacement trucks.
2. Appropriate $26,200 Equipment Management Fund balance to the
Public Works Department's Operating Budget to fund the cost increase.
am. Purchase of One Ton Crew Cab Pickups for the Recreation & Parks
Department.
l . Increase cost to Motor City Sales & Service, Bakersfield ($20,299.07) for
an additional truck along with two replacement trucks.
2. Appropriate $20,300 Equipment Management Fund balance to the
Public Works Department's Operating Budget to fund the cost increase.
an. Purchase of a truck with stake bed for the Fire Department:
1. Accept bid from Jim Burke Ford, Bakersfield ($64,966.58) for a truck with
stake bed.
2. Appropriate $16,000 Equipment Management Fund balance to the
Public Works Department's Operating Budget to complete the
purchase of a truck.
ao. Purchase of three service trucks with ladder racks for the General Services and
Wastewater Divisions:
Accept bid from Jim Burke Ford, Bakersfield ($173,069.29) for three
service trucks with ladder racks.
2. Appropriate and transfer $5,400 Sewer Enterprise Fund balance to the
Public Works Department's Operating Budget within the Equipment
Fund to complete the purchase of two units.
3. Appropriate $2,700 Equipment Management Fund balance to the
Public Works Department's Operating Budget to complete the
purchase of one unit.
Miscellaneous:
ap. Fiscal Year 2021-2022 Annual Compliance Report for Park Impact Fees
prepared in accordance with California Government Code §66006.
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Bakersfield, California, November 16, 2022 - Page 11
7. CONSENT CALENDAR continued
Successor Agency Business:
None.
Public Safety/Vital Services Measure:
aq. Agreement with Jack Davenport Sweeping Services (not to exceed $625,000)
for Clean City Initiative services for illegal dumping and littler removal.
AGR 2022-255
ar. Agreement with Darktrace Holdings Limited ($430,000) for network security
equipment and services.
AGR 2022-256
Vice -Mayor Weir requested item 7.p., be removed for separate consideration.
Motion by Vice -Mayor Weir to adopt Consent Calendar items 7.a. through 7.ar., with
the removal of item 7.p., for separate consideration. Motion unanimously approved.
P. Economic Opportunity Area Incentive Program - Grant Agreement ($50,000)
with Bakersfield Downtown Business Association.
AGR 2022-244
Motion by Councilmember Gonzales requested staff to identify $500,000 of
ARPA funding to fund additional private security in commercial corridors
citywide. Motion unanimously approved.
Motion by Vice -Mayor Weir to adopt Consent Calendar item 7.p. with
direction to the City Attorney to incorporate additional required ARPA
language and City standard insurance requirements and any other non -
substantive changes that may be necessary with the understanding that if the
Downtown Business Association has any objections to the changes that the
grant agreement be brought back to the City Council for further consideration.
Motion unanimously approved.
Mayor Goh called for a brief recess at 6:54 PM
Meeting reconvened at 7:02 PM
8. CONSENT CALENDAR PUBLIC HEARINGS
None.
9. HEARINGS
a. Public Hearing to consider Zone Change No. 22-0097 and a Planned
Development Review 22-0332 on 20 acres located at the northeast corner of
Noriega Road and Old Farm Road. Applicant is McIntosh and Associates,
representing property owner Finley Park Properties, LLC.
Resolution approving a Planned Development Review to allow
development of a phased 134-unit duplex neighborhood.
Res 187-2022
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9. HEARINGS continued
2. First reading of ordinance amending the Bakersfield Municipal Code
Section 17.06.020 by changing the official zoning map from exclusive
PUD (Planned Unit Development) to R-2/PUD (Limited Multiple -Family
Dwelling/Planned Unit Development).
FR Only
City staff and Planning Commission recommend adopting the resolution and
first reading of the ordinance.
Planning Director Johnson made staff comments and provided a PowerPoint
presentation.
Hearing item 9.a. opened at 7:08 p.m.
No one spoke in opposition.
No one spoke in support.
Hearing item 9.a. closed at 7:10 p.m.
Motion by Councilmember Smith to approve staff recommendation. Motion
unanimously approved.
10. REPORTS
a. Unsecure Dumpsters Framework Report
Staff recommend Council receive and file.
City Clerk Drimakis announced a staff memorandum was received for item
10.a. transmitting a presentation.
Assistant to the City Manager Carrier made staff comments and provided a
PowerPoint presentation.
City Manager Clegg made additional comments.
Motion by Councilmember Gonzales directing staff to move forward with
dumpseer enclosure incentive police creation and/or enforcement approach.
Councilmember Parlier requested the Legislative and Litigation Committee be
presented a review of the commercial development standards include
requirements for dumpsters and their enclosures have locking mechanisms,
and for Staff to consider adding a service request type to the mobile app for
reporting purposes.
11. DEFERRED BUSINESS
a. Deferred business item to consider General Plan Amendment/Zone Change
No. 21-0184 on 56.86 acres generally located at the northwest corner of
Hosking Avenue and South H Street. Applicant is Majestic Realty Co.,
representing property owner 4JS & R, LLC:
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Bakersfield, California, November 16, 2022 - Page 13
11. DEFERRED BUSINESS continued
1. Resolution adopting California Environmental Quality Act (CEQA)
Section 15091 Findings, Section 15093 Statement of Overriding
Considerations, Mitigation Monitoring and Reporting Program, and
certification of a Final Environmental Impact Report (FEIR).
RES 188-2022
2. Resolution approving an amendment of the land use designation of
the Metropolitan Bakersfield General Plan from General Commercial
(GC) to Light Industrial (LI) on 56.86 acres.
RES 189-2022
3. First reading of ordinance amending the Bakersfield Municipal Code
Section 17.06.020 by changing the official zoning map from Regional
Commercial/Planned Commercial Development (C-2/PCD) to Light
Manufacturing (M-1) on 56.86 acres and from C-2/PCD to Exclusive
Planned Commercial Development (PCD) on 33.73 acres.
FR Only
City staff and Planning Commission recommend adopting the resolutions and
first reading of the ordinance.
City Clerk Drimakis announced a staff memorandum was received for item
1 1.a. transmitting correspondence received.
Planning Director Johnson made staff comments and provided a PowerPoint
presentation.
Motion by Councilmember Parlier to approve staff recommendation. Motion
unanimously approved.
12. NEW BUSINESS
None.
13. COUNCIL AND MAYOR STATEMENTS
Councilmember Parlier staff requested staff research a Fire Recovery Fund program
available in which a portion of costs related to fire response calls can be reclaimed.
Councilmember Gray expressed her appreciation to the Bakersfield Police
Department for efforts on addressing street racing. Reminded constituents that this is
a very dangerous practice, people are dying and the families who are watching
these side shows are encouraging a dangerous practice in our city.
Councilmember Gray expressed best wishes to Councilmember Parlier and was
pleased with friendship that they built.
Councilmember Smith requested the Planning & Development Committee be
presented with the findings of the current review of the street standards before they
are finalized.
4 2 & Bakersfield, California, November 16, 2022 - Page 14
13. COUNCIL AND MAYOR STATEMENTS continued
Councilmember Gonzales related that he had received many compliments
regarding the park ranger presence at several parks. He expressed his appreciation
to the Recreation and Parks and park Rangers.
Councilmember Freeman shared a story on friendship.
Mayor Goh expressed gratitude to the Keep Bakersfield Beautiful Committee under
the leadership of John Enriquez and Heather Pinella, there were 139 volunteers, 312
volunteer hours, who collected 124 bags of trash, and planted 81 flats of flowers in
the month of October.
14. ADJOURNMENT
Mayor Goh adjourned the meeting at 7:54 p.m.
KAREN GOH
MAYOR of the City of Bakersfield
ATTEST:
JULIU DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
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