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March 26.pdf

Bakersfield City Council
April 9, 2025

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March 26.pdf
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April 9, 2025
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Bakersfield City Council
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BAKERSFIELD CITY COUNCIL

MINUTES
MEETING OF MARCH 26, 2025

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 Arias, Gonzales, Smith, Koman and Bashirtash

Absent: Vice Mayor and Councilmember Weir

2. PUBLIC STATEMENTS

2.a. Non-Agenda Item Public Statements

Eddy Laine spoke regarding Tree Canopy and Urban Forest Plan (written materials provided).

2.b. Agenda Item Public Statements

None.

3. REPORTS

3.a. Administrative Citations Process Update and Automation Proposal. (All Wards) (Staff recommends approval and authorization to automate the Administrative Citation process.)

City Manager Clegg made staff comments.

Park Ranger Manager Owens made staff comments and provided a PowerPoint presentation.

Councilmember Gonzales requested staff discuss the improvements related to the Administrative Citation Process and develop metrics to measure progress of the improvements.

Motion by Councilmember Gonzales to approve the authorization to automate the Administration Citation process. Motion approved with Vice Mayor Kaur and Councilmember Weir absent.

4. CLOSED SESSION

4.a. Conference with Legal Counsel – Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(1) regarding Jonathan Wharton v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-23-103909

Motion by Mayor Goh to adjourn to Closed Session at 4:02 p.m.

The Closed Session meeting was adjourned at 4:29 p.m.

Meeting was reconvened at 4:30 p.m.

Bakersfield, California, March 26, 2025 - Page 2

5. CLOSED SESSION ACTION

4.a. Conference with Legal Counsel – Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(1) regarding Jonathan Wharton v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-23-103909

City Attorney was given direction by a vote of 5-0 with Vice Mayor Kaur and Councilmember Weir absent.

6. ADJOURNMENT

Mayor Goh adjourned the meeting at 4:30 p.m.

Bakersfield, California, March 26, 2025 - Page 3
REGULAR MEETING - 5:15 PM

1. ROLL CALL

Present: Mayor Goh, Councilmembers Arias, Gonzales, Smith, Koman and Bashirtash

Absent: Vice Mayor Kaur and Councilmember Weir

2. INVOCATION

by Dr. Billy Rash, Pastor of Kern Christian Center.

3. PLEDGE OF ALLEGIANCE

by Anthony Aceves, 7th grader at Freedom Middle School.

4. PRESENTATIONS

4.a. Proclamation to Jeffrey Gutierrez, President of DeWalt Corporation, declaring National Surveyors Week in Bakersfield, during the week of March 24, 2025.

4.b. Proclamation to Joe Turner, Job Spot Administrator for Bakersfield Adult School, declaring the week of April 7, 2025, as Adult Education Week in Bakersfield.

5. PUBLIC STATEMENTS

5.a. Non-Agenda Item Public Statements

1. Sophia Felix and Heather Pennella spoke regarding Keep Bakersfield Beautiful and provided a PowerPoint presentation.

2. Johnny Olaguez spoke regarding project bidding (written material provided).

3. Chandler Weber spoke regarding Small Business Administration natural and economic disaster resources.

4. Glen Klepic spoke regarding his removal from the eligibility list for Police Officer.

Mayor Goh requested staff follow-up with Mr. Klepic regarding his questions about the Police Officer recruitment process and his removal from the eligibility list.

5. Jessic Sierra spoke regarding park development in her neighborhood.

Mayor Goh requested staff follow-up with Ms. Sierra regarding an undeveloped park in her neighborhood.

5.b. Agenda Item Public Statements

1. Joshua Champlin, Kern County Public Works Director spoke regarding Consent Calendar item 7.g.4. (written material provided).

2. Matt Brady regarding item Consent Calendar item 7.g.4.

6. APPOINTMENTS

None.

Bakersfield, California, March 26, 2025 - Page 4

7. CONSENT CALENDAR

a. Minutes:

7.a.1. Approval of minutes of March 12, 2025, Regular City Council Meetings. (Staff recommends approval of the minutes.)

b. Payments:

7.b.1. Receive and file department payments from February 28, 2025, to March 13, 2025, totaling $20,897,265.80 as follows: department payments in the amount of $20,436,673.07 and Self Insurance payments in the amount of $460,592.73. (Staff recommends receive and file report.)

7.b.2. Receive and file department agreements over $40,000 and under $100,000 executed between February 28, 2025, and March 13, 2025. (Staff recommends receive and file report.)

c. Ordinances:

None.

d. Resolutions:

7.d.1. Resolution to update Investment Policy Statments for trusts managed by Public Agency Retirement Services (PARS).
(Staff recommends adoption of the resolution.)

RES 029-2025

7.d.2. Resolution authorizing a joint application to the California Department of Housing and Community Development (HCD) by the city in collaboration with Community Action Partnership of Kern (CAPK) for the Homekey+ Program in an amount not to exceed $35,000,000 to develop Permanent Supportive Housing at 901 Union Avenue. (Ward 2)
(Staff recommends adoption of the resolution.)

REMOVED FOR SEPARATE CONSIDERATION. See page 8.

7.d.3. 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. (Staff recommends adoption of the resolution.)

RES 031-2025

7.d.4. Resolutions of Intention Nos. 2226, 2227, and 2228 to add Areas 5-136, 4-300, and 2-91 to the Consolidated Maintenance District:
(Staff recommends adoption of the resolutions of intention.)

1. ROI 2226 adding Area 5-136 (1951 Madison Street): Street Tier = 0; Park Tier = 0 (Ward 1)

ROI 2226

2. ROI 2227 adding Area 4-300 (2001 Oak Street): Street Tier = 1.5; Park Tier = 1 (Ward 2)

ROI 2227
Bakersfield, California, March 26, 2025 - Page 5

7. CONSENT CALENDAR continued
Item 7.d.4. continued

3. ROI 2228 adding Area 2-91 (4730 Armstrong Road): Street Tier = 1; Park Tier = 0 (Ward 6)

ROI 2228

7.e. Agreements:

7.e.1. Agreement with Granicus, LLC (not to exceed $172,082.38), for the subscription of a civic engagement SaaS platform called CitySourced.
(Staff recommends approval of the agreement.)

AGR 2025-045

7.e.2. Agreement with BSK Associates, Inc. (not to exceed $137,936), to provide Laboratory Services for the Water Department – Wastewater Division. (Staff recommends approval of the agreement.)

AGR 2025-046

7.e.3. Economic Opportunity Area Grant Agreement with Moo Creamery, LLC ($83,513) for tenant improvements including the costs associated with the purchase of equipment, materials and furnishings for a new business space that is open to the public. (Ward 2)
(Staff recommends approval of the grant agreement.)

REMOVED FOR SEPARATE CONSIDERATION. See page 8.

7.e.4. Termination of Economic Opportunity Area Grant Agreement 2024-039 with The Bakersfield Sound Co. ($49,000). (Ward 2)
(Staff recommends termination of the grant agreement.)

REMOVED FOR SEPARATE CONSIDERATION. See page 8.

7.e.5. Agreement with Community Action Partnership of Kern (CAPK) ($500,000) in Homeless Housing, Assistance and Prevention Round-4 funds to complete predevelopment related to the former Ramkabir Motel at 901 Union Avenue (Ward 2) (Staff recommends approval of the agreement.)

REMOVED FOR SEPARATE CONSIDERATION. See page 8 and 9.

7.e.6. The Open Door Network (not to exceed $1,000,000) to administer and operate a Financial Assistance Program for homelessness prevention, and diversion services. (Staff recommends approval of the agreement.)

AGR 2025-049

7.e.7. Assignment of Long-Term Ground Lease Agreement No 05-056 (2) for Hangar Space A8 to assign the rights and obligations of Dirk Leland Bentz and Renee Marie Bentz, Trustees of the Bentz Family Trust dated January 8, 2015, to Hamed Allen. (Staff recommends approval of the assignment.)

AGR 2025-050

7.e.8. Amendment No 2 to Agreement No 2023-014 with All American Glass and Window Inc. (extend the term to January 11, 2026), to provide commercial glass replacement and installation for various locations throughout the City of Bakersfield. (Staff recommends approval of the amendment.)

AGR 2023-014 (2)
Bakersfield, California, March 26, 2025 - Page 6

7. CONSENT CALENDAR continued

7.e.9. Amendment No. 1 to Agreement No. 2024-244 with Kern Community Foundation (increase compensation $253,907.20, revised not to exceed $1,845,887.42) for the administration and implementation of the Bakersfield Youth Jobs Program. (Staff recommends approval of the amendment.)

AGR 2024-244 (1)

7.e.10. Amendment No. 1 to Transportation Impact Fee Credit Agreement No. 2022-253 with MG3 Partners, LLC to transfer the credit ($224,770.79), from Urban Land Advisors, LLC to Lennar Homes of California, LLC. (Ward 7) (Staff recommends approval of the amendment.)

AGR 2022-253 (1)

7.e.11. Amendment No. 1 to Transportation Impact Fee Credit Agreement No. 2022-268 with Black Ops Real Estate IX, LLC to transfer the credit ($69,802.92), from Urban Land Advisors, LLC to Lennar Homes of California, LLC. (Ward 5) (Staff recommends approval of the amendment.)

AGR 2022-268 (1)

7.e.12. Amendment No. 3 to Agreement No. 2021-242 with Rincon (extend term to December 2026) for preparation of the General Plan update. (Staff recommends approval of the amendment).

REMOVED FOR SEPARATE CONSIDERATION. See page 9.

7.e.13. Amendment No. 1 to Agreement No. 2024-021 with Rincon (extend term to March 2026) for the preparation of the Housing Element.
(Staff recommends approval of the amendment.)

AGR 2024-021 (1)

7.e.14. Amendment No. 8 to Agreement No. 19-070 with AECOM Technical Services, Inc. (increasing compensation by $155,324.49; revised not to exceed $25,734,346.47; and extend term to June 30, 2026), for additional construction management services for the Centennial Corridor Mainline Project. (Wards1, 2 & 3) (Staff recommend approval of the amendment.)

AGR 19-070 (8)

7.f. Bids:

7.f.1. Reject all Bids for the Bakersfield Police Department Physical Training Facility (P3I300). (Ward 2)
(Staff recommends rejecting the bid and reviewing the project for potential cost savings.)

7.f.2. Accept bid from AKA Comp Solutions Inc. ($478,452.24) for the purchase of VMware vSAN Enterprise maintenance three-year subscription with annual payments for the Technology Services Department.
(Staff recommends acceptance of the bid.)

AGR 2025-051

Bakersfield, California, March 26, 2025 - Page 7

7. CONSENT CALENDAR continued

7.g. Miscellaneous:

7.g.1. Appropriate $167,595 Park Improvement Fund balance from Southwest Developer Reimbursement - Zone 1 for the reimbursement to Sierra Oaks Partners, LLC for their completion of Belcourt Park. (Ward 5)
(Staff recommends approval of the appropriation.)

7.g.2. Roadway Improvements north of Panama Lane and West of Allen Road Appropriate $4,500,000 from the Buena Vista Water Storage District settlement funds to the Public Works Department Capital Improvement Budget within the Capital Outlay Fund for Roadway Improvements north of Panama Lane and/ or West of Allen Road. (Ward 5)
(Staff recommends approval of the appropriation.)

7.g.3. Authorization to issue Proposition 218 notices for Domestic Water System rates for Fiscal Years 2025-26 through 2029-30
(Staff recommend granting authorization to mail Proposition 218 notices to ratepayers notifying them of the proposed changes to Domestic Water Quantity Rates and Monthly Readiness-to-Serve Rates for Fiscal Year 2025/2026 through 2029/2030.)

REMOVED FOR SEPARATE CONSIDERATION. See page 9.

7.g.4. Authorization to issue Proposition 218 notices for Sewer User Rates beginning Fiscal Year 2025-2026.
(Staff recommend granting authorization to mail notices.)

REMOVED FOR SEPARATE CONSIDERATION. See page 9.

7.h. Successor Agency Business:

None.

7.i. Public Safety/Vital Services Measure:

7.i.1. Amendment No. 2 to Agreement No. ED24-054 with Open Door Network (increase compensation $95,000; revised not to exceed $195,000; and extend term to June 30, 2025) for the Community Connectors pilot program.
(Staff recommends approval of the amendment.)

AGR 2025-052

7.i.2. Letzring RAD, LP Letzring Gardens Affordable Housing (Staff recommends approval of the amendments.)

1. Amendment No. 1 to Loan Agreement No. 2024-317 (to include language stating that City loan payments will be repaid first to the PSVS portion of the loan ($400,000) until said PSVS loan is paid in full) with Letzring RAD, LP, for construction of affordable housing; and

AGR 2024-317 (1)

2. Modification No. 1 to Regulatory Agreement 2024-317(R) (to assign Bank of America, N.A., and Banc of America CDC Special Holding Company, Inc. as Limited Partners to provide tax credit equity on $35M bank construction loan) with Letzring RAD, LP. (Ward 1)

AGR 2024-317 (R) (1)

Bakersfield, California, March 26, 2025 - Page 8

7. CONSENT CALENDAR continued

7.i.3. Construction Projects Agreement for Stiern Park and Jefferson Park Restroom Rehabilitation Projects
(Staff recommends acceptance of the bid, approval of agreement, and approval of contingency.)

1. Accept Bid and approve Construction Projects Agreement with Ken W. Smith Construction Inc. (not to exceed $334,387), for the Stiern Park and Jefferson Park Restroom Projects.

AGR 2025-053

2. Authorize staff to approve, as necessary, up to $50,000 in City-Controlled contingency for unforeseen conditions encountered during construction. (Wards 1 & 2)

Councilmember Arias requested 7.g.3. and 7.g.4. be removed for separate consideration.

Councilmember Gonzales requested 7.e.3., 7.e.5., and 7.g.4. be removed for separate consideration.

Councilmember Smith requested 7.e.12. be removed for separate consideration.

Councilmember Koman requested 7.d.2., 7.e.4., 7.g.3. and 7.g.4. be removed for separate consideration.

Motion by Councilmember Gonzales to adopt Consent Calendar items 7.a. through 7.i. with the removal of Consent Calendar items 7.d.2., 7.e.3., 7.e.4., 7.e.5., 7.e.12., 7.g.3. and 7.g.4. for separate consideration. Motion approved with Vice Mayor Kaur and Councilmember Weir absent.

7.d.2. Resolution authorizing a joint application to the California Department of Housing and Community Development (HCD) by the city in collaboration with Community Action Partnership of Kern (CAPK) for the Homekey+ Program in an amount not to exceed $35,000,000 to develop Permanent Supportive Housing at 901 Union Avenue. (Ward 2)
(Staff recommends adoption of the resolution.)

RES 030-2025

Motion by Councilmember Koman to adopt Consent Calendar item 7.d.2. Motion approved with Vice Mayor Kaur and Councilmember Weir absent.

7.e.3. Economic Opportunity Area Grant Agreement with Moo Creamery, LLC ($83,513) for tenant improvements including the costs associated with the purchase of equipment, materials and furnishings for a new business space that is open to the public. (Ward 2)
(Staff recommends approval of the grant agreement.)

AGR 2025-047

Motion by Councilmember Gonzales to adopt Consent Calendar item 7.e.3. Motion approved with Vice Mayor Kaur and Councilmember Weir absent.

7.e.4. Termination of Economic Opportunity Area Grant Agreement 2024-039 with The Bakersfield Sound Co. ($49,000) due to relocation. (Ward 2) (Staff recommends termination of the grant agreement.)

Bakersfield, California, March 26, 2025 - Page 9

7. CONSENT CALENDAR continued
Item 7.e.4. continued

Councilmember Koman requested staff re-evaluate the Economic Opportunity Area Grant Agreement 2024-039 with Bakersfield Sound Co.

Motion by Councilmember Koman to approve the termination and refer the remainder back to staff. Motion approved with Vice Mayor Kaur and Councilmember Weir absent.

7.e.5. Agreement with Community Action Partnership of Kern (CAPK) ($500,000) in Homeless Housing, Assistance and Prevention Round-4 funds to complete predevelopment related to the former Ramkabir Motel at 901 Union Avenue (Ward 2) (Staff recommends approval of the agreement.)

AGR 2025-048

Motion by Councilmember Gonzales to approve Consent Calendar item 7.e.5. Motion approved with Vice Mayor Kaur and Councilmember Weir absent.

7.e.12. Amendment No. 3 to Agreement No. 2021-242 with Rincon (extend term to December 2026) for preparation of the General Plan update. (Staff recommends approval of the amendment).

AGR 2021-242 (3)

Motion by Councilmember Smith to approve Consent Calendar item 7.e.12. Motion approved with Vice Mayor Kaur and Councilmember Weir absent.

7.g.3. Authorization to issue Proposition 218 notices for Domestic Water System rates for Fiscal Years 2025-26 through 2029-30.
(Staff recommend granting authorization to mail Proposition 218 notices to ratepayers notifying them of the proposed changes to Domestic Water Quantity Rates and Monthly Readiness-to-Serve Rates for Fiscal Year 2025/2026 through 2029/2030.)

Water Resources Director Budak made staff comments and provided a PowerPoint presentation.

City Manager Clegg and Deputy City Attorney Collom made additional comments.

Motion by Councilmember Koman to return the item to staff for a third-party evaluation of alternative proposals and not sending the Prop 218 notices. Motion fails with Councilmembers Gonzales, Smith and Bashirtash voting no and Vice Mayor Kaur and Councilmember Weir absent.

Motion by Councilmember Smith to approve staff recommendations for Consent Calendar item 7.g.3. Motion approved with Councilmember Arias voting no and Vice Mayor Kaur and Councilmember Weir absent.

Mayor Goh called for a recess at 7:19 p.m.

Meeting reconvened at 7:30 p.m.

7.g.4. Authorization to issue Proposition 218 notices for Sewer User Rates beginning Fiscal Year 2025-2026.
(Staff recommend granting authorization to mail notices.)

City Manager Clegg made staff comments.

Water Resources Director Budak, Wastewater Manager Roldan and Finance Director McKeegan made staff comments and provided a PowerPoint presentation.

Bakersfield, California, March 26, 2025 - Page 10

7. CONSENT CALENDAR continued
Item 7.g.4. continued

Motion by Councilmember Smith to approve Consent Calendar item 7.g.4. Motion approved with Councilmembers Arias and Gonzales voting no and Vice Mayor Kaur and Councilmember Weir absent.

8. CONSENT CALENDAR PUBLIC HEARINGS

None.

9. HEARINGS

9.a. Public Hearing to consider EOA Grant Agreement with Arts Council of Kern ($116,500) Economic Opportunity Area (EOA) Incentive Program grant agreement for site improvements associated with the installation of a fire sprinkler system, fire alarm, water connection fees/permits, and other related work as required at 1018 and 1020 18th Street. (Ward 2)
(Staff recommends approval of the grant agreement.)

AGR 2025-054

City Manager Clegg made staff comments.

Economic and Community Development Director Byers made staff comments.

Hearing item 9.a. opened at 7:33 p.m.

No one spoke in opposition to staff’s recommendations.

Jeanette Richardson spoke in favor of staff’s recommendations.

Hearing item 9.a. closed at 7:38 p.m.

Councilmember Gonzales requested staff review the next phase of the Economic Opportunity Area Downtown Competitive Grant Program to focus on funding capital improvements of infrastructure (such as fire sprinklers) of large buildings.

Motion by Councilmember Gonzales to adopt Hearing item 9.a. with the Arts Council of Kern providing a calendar of events on a regular basis. Motion approved with Vice Mayor Kaur and Councilmember Weir absent.

10. REPORTS

None.

11. DEFERRED BUSINESS

None.

12. NEW BUSINESS

None.

13. COUNCIL AND MAYOR STATEMENTS

Councilmember Koman requested staff analyze the possibility of developing a program that could provide relief for individuals facing a financial hardship due to upcoming water and sewer rate increases.

Bakersfield, California, March 26, 2025 - Page 11

13. COUNCIL AND MAYOR STATEMENTS continued

Councilmember Smith requested staff analyze the possibility of expanding the use of the Transit Occupancy Tax funds to create economic stimulus derived from promoting tourism during the next budget cycle.

Councilmember Gonzales requested staff analyze the feasibility of a tiered fee system related to all impact fees for infill development projects in the urban core, specifically in the downtown area.

14. ADJOURNMENT

Mayor Goh adjourned the meeting at 8:39 p.m.

___________________________________

KAREN GOH
MAYOR of the City of Bakersfield

ATTEST:

___________________________________

JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield

Bakersfield, California, March 26, 2025 - Page 12
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