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HomeMy WebLinkAbout09/13/23 CC MINUTES4482 1 1 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 13, 2023 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting s - 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:30 PM 1. ROLL CALL Present: Mayor Goh, Vice Mayor Gonzales, Councilmembers, Arias, Weir, Smith, Freeman, Gray and Kaur 2. PUBLIC STATEMENTS a. Agenda Item Public Statements None. b. Non -Agenda Item Public Statements None. 3. CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d) (1) regarding Martinez Steel Corporation v. Security Paving Company Inc.; The City of Bakersfield; Continental Casualty Company; et al. Kern County Superior Court Case No. TBD (one matter.) b. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code Section 54956.9(d) (2) (e) (1) (Three matters) Motion by Vice Mayor to adjourn to Closed Session at 3:32 p.m. The Closed Session meeting was adjourned at 5:22 p.m. Meeting reconvened at 5:23 p.m. 4. CLOSED SESSION ACTION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d) (1) regarding Martinez Steel Corporation v. Security Paving Company Inc.; The City of Bakersfield; Continental Casualty Company; et al. Kern County Superior Court Case No. TBD (one matter.) No Reportable Action. Bakersfield, California, September 13, 2023 - Page 2 4. CLOSED SESSION ACTION continued b. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code Section 54956.9 (d) (2) (e) (1) (Three matters) Councilmember Smith recused himself from discussion of one item due to source of income and Councilmember Kaur recused herself from discussion due to the appearance of impropriety. No Reportable Action. 5. ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting at 5:24 p.m. 1 1 Bakersfield, California, September 13, 2023 - Page 3 4484 REGULAR MEETING - 5:26 PM 2. 3. 4. 5. 6. 1 ROLL CALL Present: Mayor Goh, Vice Mayor Gonzales, Councilmembers Arias, Weir, Smith, Freeman (seated at 5:28 p.m.), Gray, and Kaur INVOCATION By Shri Venkata Chalapati, Head Priest of Hindu Temple of Kern County. PLEDGE OF ALLEGIANCE By Braden Mendiburu, Junior at Liberty High School. PRESENTATIONS a. Proclamation to KC the Bull and Kern County Fair Chief Executive Officer, Mike Olcott, declaring September 20, 2023, through October 1, 2023, as Kern County Fair Days. PUBLIC STATEMENTS a. Agenda Item Public Statements None. b. Non -Agenda Item Public Statements l . Peggy Rivera spoke regarding the 2024 Bakersfield Pageant (written materials provided). 2. Dennis Fox spoke regarding water conservation. 3. Runa Lemmin spoke regarding National Wreaths Across America Day (written materials provided). 4. Rich O'Neil spoke regarding downgrading and elimination of the Kern River Plan Element (written materials provided). Councilmember Smith expressed his appreciation to Mr. O'Neil. 5. Clema Moore, Cynthia Worthy and Stephanie Henry spoke regarding his Code Enforcement case at the property located at 1403 2nd Street. Vice Mayor Gonzales requested staff speak with Mr. Clema Moore to review the administrative costs associated with the abatement of violations at 1403 2nd Street. APPOINTMENTS a. Four Appointments (Ward 2 Regular Member), (Ward 2 Alternate Member), (Ward 3 Alternate Member) and (Ward 4 Alternate Member) to the Youth Commission. (Staff recommends Council determination.) 4485 Bakersfield, California, September 13, 2023 - Page 4 6. APPOINTMENTS continued Item 6.a. continued City Clerk Drimakis announced six applications were received from Kaitlyn Ocampo, Eden Murillo, Presley Navejas, Sarah Celine Pursel, Thomas Woods and Lilly Valladares-Macias. Vice Mayor Gonzales, Ward 2, nominated Lily Valladares-Macias, regular member and Thomas Woods, alternate member. Councilmember Weir, Ward 3, nominated Sarah Celine Pursel, alternate member. Councilmember Smith, Ward 4, nominated Kaitlyn Ocampo, alternate member. Motion by Vice Mayor Gonzales to appoint Lily Valladares-Macias, as the regular member, Thomas Woods, as the alternate member for Ward 2, Sarah Celine Pursel, as the alternate member for Ward 3, Kaitlyn Ocampo, as the alternate member for Ward 4, to the youth Commission. Motion unanimously approved. 7. CONSENT CALENDAR (Staff recommends adoption of Consent Calendar items.) Minutes: a. Approval of minutes of the August 23, 2023, Regular City Council Meetings. Payments: b. Receive and file department payments from August 11, 2023, to August 31, 2023, in the amount of $40,007,797.58 and Self Insurance payments from August 11, 2023, to August 31, 2023, in the amount of $851,065.98, totaling $40,858,863.56. Ordinances: C. Adoption of ordinance amending the official zoning map of the Bakersfield Municipal Code Section 17.06.020 by changing the zone classification from A (Agriculture) to M-2 (General Manufacturing) on 0.37 acres located at 7321 Rosedale Highway. The applicant and property owner is Francisco Macedo. (ZC No. 22-0451) (FR 0812312023) ORD 5131 d. First Reading of the following ordinances amending various sections of the Bakersfield Municipal Code: (FR 08123123) 1. Repealing Section 2.84.610 relating to employee leave of absences due to a death in the family. ORD 5132 Bakersfield, California, September 13, 2023 - Page 5 4 4 f6 7. CONSENT CALENDAR continued Item Td. continued 2. Amending Section 3.20.125 relating to sale of surplus real property. ORD 5133 3. Amending Section 5.14.060 relating to cabaret permit appeals. ORD 5134 4. Amending Section 5.66.050 relating to food vending vehicles. ORD 5135 5. Amending Section 12.36.010 relating to construction by builder. ORD 5136 6. Amending Section 15.82.060 relating to adjustment of fees. ORD 5137 Resolutions: e. Resolution identifying vendors and approving healthcare plans and rates for City-wide health insurance plans for eligible active and retired employees for the 2024 plan year. RES 128-2023 Resolution confirming approval by the City Manager designee of the Code Enforcement Manager'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 129-2023 g. Resolution approving an application to the Kern County Local Agency Formation Commission to annex inhabited territory into the City identified as Annexation No. 699 (Snow No. 15) located generally north of Snow Road between Allen Road and Jewetta Avenue. Notice of Exemption on file. RES 130-2023 h. Resolution determining urgent repairs to Fire Department ladder truck cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding due to restricted availability of parts and service, not to exceed $80,000. RES 131-2023 i. 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: 4487 Bakersfield, California, September 13, 2023 - Page 6 7. CONSENT CALENDAR continued Item Ti. continued 1. ROI No. 2180 adding Area 1-136 (5108 Office Park Drive) - Ward 2 R012180 2. ROI No. 2181 adding Area 2-88 (3101 & 3201 Bashirtash Drive) - Ward 7 R012181 3. ROI No. 2182 adding Area 4-282 (219 Quantico Avenue) - Ward 2 R012182 4. ROI No. 2183 adding Area 5-123 (1722 Terrace Way) - Ward 2 R012183 Agreements: Agreement with the 15th District Agricultural Association dba, Kern County Fair to provide security services for the 2023 Kern County Fair. AGR 2023-213 k. Independent Contractor's Agreement with community -based organization, Compassion Christian Center, in an amount not to exceed $150,000, to provide intervention, prevention, and mentoring services with a mission to educate, motivate and rehabilitate those at the highest risk of gun violence. AGR 2023-214 I. Five Year License Agreement with Golden Empire Youth Football (GEYF) for use and maintenance of football facilities located at Kaiser Permanente Sports Village Complex on the North Side of Taft Highway, between Ashe Road & Gosford Road. AGR 2023-215 M. Master Agreement No. 06-5109S21 with the State of California, Department of Transportation (Caltrans) for Federal -Aid Projects. AGR 2023-216 n. Final map, improvement agreement and landscape agreement with Summit Capital Ventures Inc., for Tract 7395 Phase 1, located south of Stockdale Ranch Rd. and east of So. Wegis Ave. AGR 2023-217, AGR 2023-218 o. Agreement with Summit Capital Ventures, Inc., a California corporation ($157,000), for the purchase of real property located south of Stockdale Highway and East of South Heath for a domestic water well site. AGR 2023-219 Bakersfield, California, September 13, 2023 - Page 7 7. CONSENT CALENDAR continued P. Design Consultant Agreement with New Gen Engineering Group, Inc., dba McIntosh Engineering Group. (not to exceed $402,869), for the Dr. Martin Luther King Jr. Blvd Planned Sewer Area Project. AGR 2023-220 q. Agreements with the following contractors to provide on -site services to City owned Fleet Division's lift equipment: Autolift Services Inc., (not to exceed $100,000). AGR 2023-221 2. Southwest Lift & Equipment Inc., (not to exceed $100,000). AGR 2023-222 r. Agreements with the following contractors to provide various on -call repair and maintenance services for City's Fleet Division vehicles and equipment for a two-year term with an option to extend for two additional one-year periods: 1. Advanced Distribution (not to exceed $200,000) AGR 2023-223 2. Blackhole Technologies (not to exceed $150,000). AGR 2023-224 3. Coastline (not to exceed $200,000). AGR 2023-225 4. Resource Machinery & Engineering (not to exceed $200,000). AGR 2023-226 Amendment No. 2. to License Agreement No. 12-049 between City of Bakersfield and American Youth Soccer Organization, Region 73 for the use of soccer fields and a concession building at Kaiser Permanente Sports Village Complex on the North Side of Taft Highway, between Ashe Road & Gosford Road. AGR 12-049 (2) t. Amendment No. 2 to Agreement No. 2022-068, with The Open Door Network, Homeless Housing Assistance and Prevention (HHAP-2) (revised to extend term to April 30, 2025), for Permanent Supportive Housing Case Management Services. AGR 2022-068 (2) U. Amendment No. 2 to Agreement No. 2022-069, with The Open Door Network, Homeless Housing Assistance and Prevention (HHAP-2), (revised to extend term to April 30, 2025), for Emergency Shelter Case Management Services. AGR 2022-069 (2) 4ag9' Bakersfield, California, September 13, 2023 - Page 8 7. CONSENT CALENDAR continued V. Amendment No. 3 to Agreement No. 2020-188 with Toter, LLC ($1,000,000; revised not to exceed $3,651,202.23 and extend the term one year) to continue the supply of refuse & recycling carts. AGR 2020-188 (3) W. Amendment No. 1 to Agreement No. 2022-139 with A-C Electric Company (extending term to August 31, 2024), to continue on -call electrical maintenance and testing services for the City facilities. AGR 2022-139 (7) X. Amendment No. 3 to Agreement No. 2021-216 with Contact Security, Inc. (extending term one year until September 30, 2024), to continue onsite security at the Bakersfield Amtrak Station. REMOVED BY STAFF Y. Amendment No. 2 to Agreement No. 2022-248 to change company name from Infrastructure Engineers to Infrastructure Engineers, a Bowman Company. AGR 2022-139 (1) Z. Amendment No. 1 to Agreement No. ED23-018 with Ordiz-Melby Inc. (increase compensation not to exceed $64,000 and extend term to December 31, 2023), to expand the scope of work to prepare site plans and visualizations/renderings for the undeveloped 40-acre commercial site adjacent to the Kaiser Permanence Sports Village. AGR 2023-227 aa. Amendment No. 1 to Agreement No. 2023-048 with Toole Design Group (expanding scope to include 100% Design; increasing compensation $588,140; revised not to exceed $817,120) for the Dr. Martin Luther King Jr Blvd Corridor Improvements. REMOVED FOR SEPARATE CONSIDERATION. See page 13. ab. Amendment No. 2 to Agreement No. 2022-197 with Stars and Stripes Tree Care (increasing compensation by $200,000; revised not to exceed $450,000 and extend term one year) for tree trimming and bulky item removal services. AGR 2022-197 (2) ac. Amendment No. 1 to Agreement No. 2023-064 with Kimley-Horn (expanding scope to include 100% Design; increasing compensation $1,194,781; revised not to exceed $1,483,625) for the Niles & Monterey Corridor Improvements. REMOVE FOR SEPARATE CONSIDERATION. See page 13. ad. Contract Change Order No. 115 to Agreement No. 19-069 with Security Paving Company (increasing compensation by $30,000; revised not to exceed $149,789,781.39) for the Centennial Corridor Mainline Project. AGR 19-069 CCO 115 449 Bakersfield, California, September 13, 2023 - Page 9 7. CONSENT CALENDAR continued ae. Contract Change Order No. 84 to Agreement No. 18-176 with Security Paving Company ($30,000; revised not to exceed $51,354,482.25) for the Bakersfield Freeway Connector Project. AGR 18-176 CCO 84 af. Contract Change Order No. 2 to Agreement No. 2021-277 with Sancon Technologies Inc. ($900,000; revised not to exceed $1,668,121.10), for the Sewer Rehabilitation CIPP Liner 23rd and 24th Street from Oak Street to SR-178 Project. AGR 2021-277 CCO 2 ag. Repair Water Damage and Replace the Air Conditioning Unit at 2301 C Street: Change Order No. 1 and Change Order No. 2 to Agreement No. PW23-023 with WM Turner Construction, Inc. dba: Solar On ($39,999.99; revised not to exceed $69,059.99) to repair the roof, soffit, fascia and stucco as needed; removal and replacement of 4-ton HVAC unit on new jack stand on the roof; and additional painting at 2301 C Street. AGR 2023-228 CCO 1, CCO 2 2. Appropriate $12,100 of Capital Outlay Fund (COF) - Local TRIP fund balance to the Finance Department operating budget to complete this project. Bids: ah. Accept bid and approve contract to Jim Alfter Cement Contractor ($1,281,085.22) for the Annual Contract for Concrete Construction. (Citywide) REMOVED BY STAFF ai. Accept bid and approve purchase of a model 332L traffic cabinets for the General Services Division, Electrical Section. aj. Accept bid and approve contract to J.L. Plank, Inc. dba Cen-Cal Construction ($277,500), for Perimeter Block Wall for the Bakersfield Police Department Property Room. Accept bid from J.L. Plank, Inc. dba Cen-Cal Construction, Bakersfield ($277,500). AGR 2023-229 2. Appropriate and transfer $310,000 Police Asset Forfeiture Trust balance to a new Public Works Department CIP Budget to fund the construction of a perimeter block wall for the Bakersfield Police Department Property Room, and to reserve contingency funds. 4491 Bakersfield, California, September 13, 2023 - Page 10 7. CONSENT CALENDAR continued ak. Purchase of a Three -Quarter Ton 44 Extended Cab Pickup 10,650 lb. GVW Truck for the Police Department: 1. Accept bid from Jim Burke Ford, Bakersfield ($56,680.78). 2. Appropriate $27,681 Equipment Management Fund balance to the Public Works Department's Operating Budget to fund the purchase. al. Purchase of three (3) 14,000 lb. Gas Powered Chemical Spray Trucks with 8x12' Flat Bed for the Recreation & Parks Department. l . Accept bid from Jim Burke Ford, Bakersfield, CA ($227,589.09). 2. Appropriate $67,590 Equipment Management Fund Balance to the Public Works Department's Operating Budget within the Equipment Management Fund to complete the purchase. am. Purchase of four 19,500 lb. 4x4 Gas Powered Service Trucks with Custom Beds for the Recreation and Parks Department: l . Accept bid from Jim Burke Ford, Bakersfield, CA ($373,424.92). 2. Appropriate $102,425 Equipment Management Fund balance to the Public Works Department's Operating Budget to complete the purchase. an. Purchase of a Three-quarter Ton Pickup with Steel Dump Insert for the Streets Division: 1. Accept bid from Jim Burke Ford, Bakersfield, CA ($50,525.78). 2. Appropriate $5,526 Equipment Management Fund Balance to the Public Works Department's Operating Budget within the Equipment Management Fund to complete the purchase. ao. Purchase of a 19,500 lb. Truck with Side Tommy Lift and Custom Stake Bed for the Solid Waste Division: 1. Accept bid from Jim Burke Ford, Bakersfield, CA ($77,522.50). 2. Appropriate and transfer $9,523 Refuse Enterprise Fund balance to the Public Works Department's Operating Budget within the Equipment Management Fund to complete the purchase. ap. Purchase of a 19,500 lb. 4x4 Gas Powered Service Truck with Custom Bed and Crane for the Solid Waste Division: 1. Accept bid from Jim Burke Ford, Bakersfield, CA ($11 1,049.69). 2. Appropriate and transfer $43,050 Refuse Enterprise Fund balance to the Public Works Department's Operating Budget within the Equipment Management Fund to complete the purchase. 4 4 9 Z Bakersfield, California, September 13, 2023 - Page 1 1 7. CONSENT CALENDAR continued aq. Purchase of a 19,500 lb. Gas Powered Truck with Custom Oil Collection Bed for the Solid Waste Division: 1. Accept bid from Jim Burke Ford, Bakersfield, CA ($89,992.90). 2. Appropriate and transfer $16,993 Refuse Enterprise Fund balance to the Public Works Department's Operating Budget within the Equipment Management Fund to complete the purchase. ar. Purchase of a One -ton Pickup with Buyers Saltdogg® 2 Cubic Yard Spreader for the Streets Division: 1. Accept bid from Jim Burke Ford, Bakersfield, CA ($51,547.66). 2. Appropriate $1,548 Equipment Management Fund Balance to the Public Works Department's Operating Budget within the Equipment Management Fund to complete the purchase. as. Purchase of a 14,000 lb. Gas Powered Truck with 9' Service Bed & Tailboard for the Wastewater Division: l . Accept bid from Jim Burke Ford, Bakersfield, CA ($97,769.58). 2. Appropriate $27,770 Equipment Management Fund Balance to the Public Works Department's Operating Budget within the Equipment Management Fund to complete the purchase. at. Purchase of a 19,500 lb. 4x4 Gas Powered Crew Cab Service Truck with Custom Bed & Crane for the Water Resources Department: 1. Accept bid from Jim Burke Ford, Bakersfield, CA ($214,471.74). 2. Appropriate $1 14,472 Equipment Management Fund Balance to the Public Works Department's Operating Budget within the Equipment Management Fund to complete the purchase. Miscellaneous: au. Appropriate $77,250 from California Governor's Office of Emergency Services (Cal OES) to the Fire Department Operating budget within the General Fund to provide an OES required Mobilization Exercise (MOBEX) Training to local Regional Task Force members. ay. Appropriate $1 16,910 reimbursement received from the Police Officers Standard Training to the Emergency Vehicle Operations Course Training Facilities Capital Improvement Project to continue basic upkeep and improvements. aw. Appropriate $19,580 from miscellaneous fees from owners' share of project costs to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund for the Corridor Street Improvements on Chester Avenue (Project #T2K304). A A 9 Bakersfield, California, September 13, 2023 - Page 12 7. CONSENT CALENDAR continued Successor Agency Business: None. Public Safety/Vital Services Measure: ax. Economic Opportunity Area Incentive Program - Grant Agreement with David Goh (not to exceed $99,500) on behalf of The Garden Community Church for Site Improvements. AGR 2023-230 ay. Construction of Linnell-Brahma Park: Agreement with DL Brown Construction Inc. (not to exceed $5,279,281) for the construction of the new Linnell-Brahma Park, Project No. PICO] 1. AGR 2023-23 7 2. Appropriate $500,000 from the Park Improvement Fund balance from Central Core Developer Reimbursement - Zone 2 to the Recreation and Parks Capital Improvement Budget within the Park Improvement Fund for construction of Linnell-Brahma Park. 3. Appropriate $520,000 from Capital Outlay Fund Balance to the Recreation and Parks Capital Improvement Budget for construction of Linnell-Brahma Park. 4. Appropriate $274,000 from Public Safety and Vital Services Fund (PSVS) to the Recreation and Parks Capital Improvement Budget within the Capital Outlay Fund for the construction of the Linnell-Brahma Park. 5. Budget transfer of $1,000,000 from Grant Fund Allocation Project No. T31<303 to Project No. P 1 C01 1. 6. Budget transfer of $400,000 from Wilson Park Court Renovation, Project No. P4C508 to Project No. P1 CO1 1. 7. Authorize staff to approve, as necessary, up to $264,000 in City - controlled contingency for unforeseen conditions encountered during construction of the Linnell-Brahma Park. City Clerk Drimakis announced staff memorandums were received for items 7.x. and 7.ah., requesting items be removed from the agenda. Vice Mayor Gonzales requested items 7.aa. and 7.ac., be removed for separate consideration. Motion by Vice Mayor Gonzales to adopt Consent Calendar items 7.a. through 7.ay., with the removal of items 7.x. and 7.ah., and items 7.aa. and 7.ac. for separate consideration. Motion unanimously approved. 4g94 Bakersfield, California, September 13, 2023 - Page 13 7. CONSENT CALENDAR continued aa. Amendment No. 1 to Agreement No. 2023-048 with Toole Design Group (expanding scope to include 100% Design; increasing compensation $588,140; revised not to exceed $817,120) for the Dr. Martin Luther King Jr Blvd Corridor Improvements. AGR 2023-048 (1) ac. Amendment No. 1 to Agreement No. 2023-064 with Kimley-Horn (expanding scope to include 100% Design; increasing compensation $1,194,781; revised not to exceed $1,483,625) for the Niles & Monterey Corridor Improvements. AGR 2023-064 (1) Motion by Vice Mayor Gonzales to adopt Consent Calendar items 7.aa. and 7.ac. Motion approved with Councilmember Weir voting no. 8. CONSENT CALENDAR PUBLIC HEARINGS (Staff recommends conducting Consent Calendar Public Hearing and approval of items.) None. 9. HEARINGS a. Public hearing to consider General Plan Amendment/Zone Change No. 23-0015 and Conditional Use Permit No. 23-0023. McIntosh & Associates representing Rosedale Ranch, CA GP is proposing a General Plan Amendment, Zone Change, and Conditional Use Permit on approximately 940 acres generally located at the southeast corner of Seventh Standard Road and Rudd Avenue. The request includes: General Plan Amendment to change land use designation from LR (Low Density Residential), LMR (Low Medium Density Residential), HMR (High Medium Residential), MUC (Mixed Use Commercial), and GC (General Commercial) to LI (Light Industrial). RES 132-2023 2. Zone Change to change zone classification from R-1 (Single Family Dwelling), R-1 /P.U.D (Single Family Dwelling/Planned Unit Development), R-2/P.U.D. (Limited Family Dwelling/Planned Unit Development), C-1 (Limited Commercial), C-2/P.C.D. (Regional Commercial/Planned Commercial Development) and DI (Drilling Island) to M-1 (Light Manufacturing). 3. Conditional Use Permit to allow a freight terminal in the M-1 zone. RES 133-2023 The Delano Center on Race, Poverty & the Environment submitted an appeal to the Planning Commission's approval of the request. (Staff recommends Council consideration and determination.) 4495 Bakersfield, California, September 13, 2023 - Page 14 9. HEARINGS continued Item 9.a. continued Councilmember Smith abstained on item 9.a., due to source of income and left the dais at 6:23 p.m. Councilmember Kaur abstained on item 9.a., due to reasons of impropriety and left the dais at 6:23 p.m. Development Services Director Boyle provided staff comments and a PowerPoint Presentation. Public Hearing item 9.a. opened at 6:27 p.m. Ingrid Rostrum spoke in opposition. Keith Gardner and Brandon Martin spoke in support. Ingrid Rostrum spoke regarding opposition rebuttal. Brandon Martin spoke regarding support rebuttal. Public Hearing item 9.a. closed at 6:53 p.m. Motion by Vice Mayor Gonzales to deny the appeal and approve the General Plan Amendment, the Zone Change and CUP. Motion approved with Councilmembers Smith and Kaur abstaining. 0 Mayor Goh recessed the meeting at 7:02 p.m. and reconvened the meeting at 7:12 p.m. b. Public hearing to consider General Plan Amendment and Prezone Change No. 23-0244 on approximately 1,601 acres located within the City of Bakersfield's Sphere of Influence to facilitate compliance with California's Housing Laws. Applicant is the City of Bakersfield. (City staff and the Planning Commission recommend adopting resolutions and first reading of the ordinances.) Adopt resolutions approving an amendment of the land use designation of the Metropolitan Bakersfield General Plan from RIA, GC, HC, HI, ER, RR, SR, and LR to SR, LR, LMR, HMR, HR, GC, and OS or a more restrictive designation; and RES 134-2023, RES 135-2023, RES 136-2023, RES 137-2023 2. First reading of ordinance amending the Bakersfield Municipal Code Section 17.06.020 by changing the official zoning map for Prezoning of property from A, C-1, C-2, M-3, R-S-20A, R-S-5A, and R-S-2.5A to IRS, R-1, R-2, R-3, R-4, R-5, C-1, C-2, and OS or a more restrictive classification. FR Only Development Services Director Boyle provided staff comments and a PowerPoint Presentation. Councilmember Freeman left the meeting at 7:14 p.m. 4496 Bakersfield, California, September 13, 2023 - Page 15 9. HEARINGS continued Item 9.b. continued Hearing item 9.b. opened at 7:23 p.m. Sandra Plascencia, Emma De La Rosa, Estephania Alainas, Felipe Alanias spoke in opposition. Rick Jhaj, Blaine Neptune, Tom Dee, Pastor Jordan, Max Bacerra, Eric Mora, Fernando Hernandez, Barinder Singh Joshan, Shalonda Davis Layton spoke in support. Estephania Alainas and Emma De La Rosa spoke regarding opposition rebuttal. No one spoke regarding support rebuttal. Hearing item 9.b. closed at 7:51 p.m. City Manager Clegg made additional comments. City Attorney Gennaro made additional comments. Motion by Vice Mayor Gonzales to adopt the resolutions and first reading of the ordinance. Motion approved with Councilmember Freeman absent. C. Public Hearing to consider Amendment No. 1 to Agreement No. 2022-224 with Nancy L. Strong to increase reimbursement $50,243 (not to exceed $223,218.59 and extend term to March 12, 2024) for an Economic Opportunity Area Incentive Program business facade and site improvements grant. (Staff recommends approval of the amendment.) AGR 2022-224 (1) Economic Development Director Byers made staff comments. Hearing item 9.c. opened at 8:10 p.m. No one spoke in opposition. Valerie Strong Mosley spoke in support. Hearing item 9.c. closed at 8:12 p.m. Motion by Vice Mayor Gonzales to approve the amendment. Motion approved with Councilmember Freeman absent. 10. REPORTS None. 11. DEFERRED BUSINESS None. 12. NEW BUSINESS None. A 4 9 7 Bakersfield, California, September 13, 2023 - Page 16 13. COUNCIL AND MAYOR STATEMENTS Vice Mayor Gonzales requested the Housing and Homeless Committee explore and discuss the development of a local Community Land Trust to assist individuals with homeownership. Councilmember Weir requested staff prepare a resolution for Council consideration declaring the City of Bakersfield will not enforce any new state or federal mandates (mask, vaccine, lockdown, and social distancing) deriving from COVIDI9 or any variants and present it to the Council at a future meeting. Councilmember Kaur expressed appreciation and celebration of community leaders. Mayor Goh expressed her appreciation to Hafsa Kaka, Governor Newsom's Senior Advisor homelessness representative. 14. ADJOURNMENT Mayor Goh adjourned at 8:24 p. C-i6� / KAREN GOH MAYOR of the City of Bakersfield ATTEST: ,, Is JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 1 1