HomeMy WebLinkAbout08/13/14 CC MINUTES'_'()7A,
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF AUGUST 13, 2014
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings - 3:30 p.m. and 5:15 p.m.
REGULAR MEETING - 3:30 p.m. ACTION TAKEN
1. ROLL CALL
Present: Vice -Mayor Weir, Councilmembers
Rivera, Maxwell, Smith, Hanson, Sullivan
(seated at 3:40 p.m.) Johnson (seated
at 3:40 p.m.)
Absent: Mayor Hall
2. PUBLIC STATEMENTS
None.
3. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
Motion by Councilmember Hanson to adjourn to
APPROVED
Closed Session at 3:34 p.m.
AB HALL, SULLIVAN,
JOHNSON
Motion by Councilmember Maxwell to adjourn from
APPROVED
Closed Session at 4.46 p.m.
AB HALL
4. CLOSED SESSION ACTION
a. Conference with Labor Negotiator pursuant to STAFF WAS GIVEN
Government Code Section 54957.6, DIRECTION
5. ADJOURNMENT
Vice -Mayor Weir adjourned the meeting at 5:09 p.m.
MAYOR of the City of Bakersfield, A
ATTEST:
CITY CLERK and Ex Off*aersfield
the Council of the City,
Bakersfield, California, August 13, 2014 - Page 2
REGULAR MEETING -5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Rivera, Maxwell, Smith,
Hanson, Sullivan, Johnson
City Clerk Gafford announced that a memorandum was
received from staff requesting that Consent Calendar Item
8.aj„ Agreement with MPI Prime Construction, be pulled from
the Agenda,
2. INVOCATION by Mayor Hall,
3. PLEDGE OF ALLEGIANCE by Councilmember Smith.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamatlon to
Judith McCarthy, the 2014 John Brock
Community Service Award recipient, declaring
September 4, 2014, as Judith McCarthy Day.
Ms. McCarthy accepted the Proclamatlon and
made comments.
b. Presentation by Mayor Hall of a picture plaque
to Megan Tackitt, owner of Noriega House,
honoring the beautification efforts at 1325
Baker Street,
Ms. Tackitt accepted the plaque and made
comments.
C. Presentation by Mayor Hall of a Certificate of
Appreciation to representatives of CBCC, for
providing sponsorship funding to support the
cooperative effort by the City, Keep Bakersfield
Beautiful, and the Bakersfield Homeless Center
to remove litter along freeway frontages.
Gitesh Patel accepted the Certificate and
made comments.
ACTION TAKEN
6... Q 6
Bakersfield, California, August 13, 2014 - Page 3
4. PRESENTATIONS continued ACTION TAKEN
d. Presentation by Miranda Whitworth, Marketing
Manager, and other representatives of Kern
Federal Credit Union, to Mayor Hall of a $6,000
check for the purpose of funding the H Street
Improvement Project,
Mayor Hall accepted the check and made
comments.
5. PUBLIC STATEMENTS
0, The following individuals spoke regarding the
Westside Parkway sound wall: Pam Binns and
Kristen Cimental, in support of the compromise;
and Jo Barrick, in opposition to the wall in Via
LaMadera being shorter than 10 feet tall,
Councilmember Smith requested that staff
report back regarding Ms. Barrick's comments.
b. Ken White, Manager of Community Action
Partnership of Kern Food Bank, spoke regarding
the Fall Fundraiser for the Food Bank titled
"Hunger Is No Game ", on September 12th, at
the Friendship House, and the proceeds from
the fundraiser will go to the purchase of a new
Food Bank truck; and he submitted written
material.
C. Lori Crown, on behalf of Jeanette Richardson,
spoke regarding the Centennial bricks, and
asked the City Council to consider options that
are available to save the bricks in Centennial
Plaza.
d. The following individuals spoke regarding
Golden Empire Transit District: Tanner
Thompson, Wayne Larcinesi, Scott Holland,
Nicholas Blanchard (submitted written
material), Mark Merrifield (submitted written
material), Deryl Patterson (submitted written
material), Nobuko Tekuda, Frances Rubio,
Priscilla Beckett, Benjamin Weigel, and David
Enod.
6. WORKSHOPS
None,
b'
Bakersfield, California, August 13, 2014 - Page 4
7. APPOINTMENTS ACTION TAKEN
a. One appointment to the Keep Bakersfleld
Beautiful Committee, due to the resignation of
Karen DeWalt, whose term was to expire
December, 2016.
City Clerk Gafford announced that one
application was received from Kyle Carter.
Motion by Councilmember Maxwell to appoint APPROVED
Kyle Carter to the Keep Bakersfield Beautiful
Committee, term to expire December, 2016.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the July 16, 2014,
Regular City Council Meetings and July 23,
2014, Special City Council Meeting.
Payments:
b. Receive and file department payments from
June 27, 2014, to July 31 , 2014, in the amount of
$34,300,304.91 and self- insurance payments
from June 27, 2014, to July 31, 2014, in the
amount of $2,577,980,42 totaling,
$36,878,285.33.
Ordinances:
C. Adoption of Ordinance amending the Official ORD 4784
Zoning Map in Title 17 of the Municipal Code by ABS SMITH
changing the zone district from R -2 /PUD
(Limited Multi- family Dwelling /Planned Unit
Development) zone to R -1 (One - Family
Dwelling) zone on 12,91 acres located at the
southwest corner of Coffee Road and Etchart
Road. A previously adopted Negative
Declaration for GPA /ZC No, 05 -1932 applies to
this project. (ZC 14 -0050; SmithTech USA,
representing SB /RBLI Land Company (North
Kern II), LLC) (FR 07/16/14 )
Bakersfield, California, August 13, 2014 - Page 5
8. CONSENT CALENDAR continued
d. Adoption of Ordinance amending the Official
Zoning Map in Title 17 of the Municipal Code by
changing the zone district from A (Agricultural
Zone) to P.C.D. (Planned Commercial
Development Zone) on 26.9 acres located at
15000 Stockdale Highway, A previously
adopted Negative Declaration applies to this
project. (ZC 14 -0130; Marino /Associates
representing CENVAL L.P.) (FR 07116114)
Resolutions:
e. 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 secured against entry or
for the abatement of certain weeds, debris and
waste matter and authorizing collection of the
assessments by the Kern County Tax Collector.
f. Resolution consenting to the Inclusion of
properties, within the City's jurisdiction, in the
California HERO Program to finance energy
and water efficiency projects and approving
the Amendment to the Western Riverside
Council of Governments Joint Powers
Agreement, related thereto.
g. Educational Program Benefits:
Resolution authorizing the use of the City
Seal as requested by the University of
Phoenix.
2. Amendment No. 1 to Resolution
No. 272 -07 adopting Education
Reimbursement Program.
3. Agreement with University of Phoenix
establishing a MOU with Alliance for
University benefits.
h. Resolution amending the official list of
designated speed zones, pursuant to
Sections 22357 and 22358 of the California
Vehicle Code and Chapter 10.24 of the
Municipal Code.
ACTION TAKEN
ORD 4785
RES 137 -14
RES 138 -14
AGR 14 -182
RES 139 -14
RES 272 -07(i)
AGR 14 -142
RES 140 -14
Bakersfield, California, August 13, 2014 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
Resolution authorizing the transfer of unclaimed RES 141 -14
money ($126,964.84) from the Escheat Trust
Account to the General Fund.
j. Disposal of real property located at the
southwest corner of Coffee Road and Brimhall
Road:
1. Resolution declaring real property surplus RES 142 -14
to the needs of the City.
2. Agreement with Grand Shangrila AGR 14 -143
International, Inc. ($3,851,000) for DEED 7978
purchase of land.
k. Resolution determining that certain GeoTab RES 143 -14
GPS Fleet Tracking Systems cannot be
reasonably obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding therefore, not
to exceed $40,000.
Resolution accepting the U.S. Department of RES 144 -14
Transportation Federal Aviation Administration
Grant for funding for three specific design -only
improvement projects at the Municipal Airport
under Airport Improvement Program Project
No. 3 -06- 0323 -018 and authorizing the City
Manager or designee and City Attorney or
designee to execute all necessary documents.
M. Sewer connection fee assessment for 13000
Queen Palm Court:
1. Resolution confirming assessment for RES 145 -14
sewer connection fee and authorizing
the collection of assessment by the Kern
County Tax Collector,
2. Agreement with Thomas P. and Karen A.
Ramos to pay sewer connection fee AGR 14 -144
through the Kern County Tax Collector.
In 08(1
Bakersfield, California, August 13, 2014 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
n, Resolution adding the following territories to the
Consolidated Maintenance District and
approving, confirming and adopting the Public
Works Director's Report for each:
1, Area 3 -93 (northwest corner of Berkshire RES 146 -14
Road and Old River Road).
2. Area 5 -70 (southwest corner of East RES 147 -14
White Lane and Cottonwood Road),
o.
Resolutions of Intention adding 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. 1807 adding Area 4 -125 (2501
ROI 1807
Union Avenue),
2. ROI No. 1808 adding Area 4 -126 (2601
ROI 1808
Sunny Lane).
3. ROI No. 1809 adding Area 4 -127 (1104
ROI 1809
Gage Street).
4. ROI No. 1810 adding Area 5 -71
ROI 1810
(Tentative Tract Map 6331 Phase 2,
ABS SMITH
located south of the southwest corner of
So. Union Avenue and Hosking Avenue).
P.
Resolution of Intention No. 1801 ordering the
REMOVED FOR
vacation of portions of A, B, C, D, and G
SEPARATE
streets, 13th and 14th streets, and Campus Way
CONSIDERATION
surrounding Bakersfield High School,
Agreements:
q,
Agreement with Universal Background
AGR 14 -145
Screening (not to exceed $15,000) for pre-
employment background screening services.
r.
Administrative Services Agreement with
AGR 14 -146
Nationwide Retirement Solutions to reduce fees
charged to employees for Deferred
Compensation Services,
S.
Agreement with PCL Industrial Services, Inc.
AGR 14 -147
($176,400 annually), for long term lease of non -
aviation property at the Municipal Airport.
no
Bakersfield, California, August 13, 2014 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
t. Maintenance Agreement with S & S Homes of
the Central California Coast, Inc., for on -site
improvements for Tract 6642, located north of
Kern Canyon Road and east of Morning Drive,
U. Final Map and Improvement Agreement with
BMC Stein, LLC, for Tract 7222, Unit 2, located
south of Panama Lane and west of Stine Road,
V. Final Map and Improvement Agreement with
BMC Stein, LLC, for Tract 7222, Unit 3, located
south of Panama Lane and west of Stine Road,
W. Final Map and Improvement Agreement with
BMC Stein, LLC, for Tract 7222, Unit 4, located
south of Panama Lane and west of Stine Road,
X. Final Map and Improvement Agreement with
BMC Stein, LLC, for Tract 7222, Unit 8, located
south of Panama Lane and west of Stine Road.
Y. Final Map and Improvement Agreement with
BMC HEIGHTS, LLC, for Tract 7239, Unit 1,
located east of River Run Boulevard and north
of Ming Avenue,
Z. Final Map and Improvement Agreement with
BMC HEIGHTS, LLC, for Tract 7239, Unit 2,
located east of River Run Boulevard and north
of Ming Avenue.
aa, Amendment No, 1 to Utility Agreement
No. 13 -226 with Pacific Gas & Electric
Company, for the relocation of electrical
distribution facilities in conflict with the
improvements planned on State Route 58 from
State Route 99 to Cottonwood Road; part of
the Beltway Operational Improvements Project,
ab, Amendment No. 1 to Agreement
No. CM12- 017CVB with Lunar Cow ($14,609;
revised not to exceed $44,609), to reprint the
visitors guide,
ac. Amendment No. 2 to Agreement No. 13 -104
with the Kern High School District ($5,420 and
extend term 3 months) to police property room
storage needs at 1417 H Street.
AGR 14 -148
AGR 14 -149
AGR 14 -150
AGR 14 -151
AGR 14 -152
AGR 14 -153
AGR 14 -154
AGR 13- 226(1)
AGR 14 -155
AGR 13- 104(2)
Bakersfield, California, August 13, 2014 — Page 9
8. CONSENT CALENDAR continued
ad. Amendment No. 2 to Agreement No, 12 -124
with Crop Production Services ($100,000; revised
not to exceed $464,000 and extend term one
year) to continue the supply of chemicals and
insecticides /herbicides.
ae, Amendment No. 7 to Agreement No. 97 -283
with Sungard Public Sector, Inc, ($45,700), to
configure and install the Human Resource
module.
af. Amendment No. 8 to Agreement No. 97 -283
with Sungard Public Sector, Inc. ($13,700), for
Click2Gov module upgrades.
ag, Westside Parkway Phase 6C Project; (TRIP)
1. Agreement with Kern County ($250,000)
for wall and screen fencing along Allen
Road and along the Westside Parkway.
2. Appropriate $250,000 in Other Agency
Share Funds from County of Kern to the
Public Works Capital Improvement
Budget within the Capital Outlay
Utility /Roads Fund for work on Westside
Parkway Project T9WP6C,
3. Contract Change Order No. 16 to
Agreement No. 12 -165 with Security
Paving Company, Inc. ($191,443.18;
revised not to exceed $29,720,364.71;
change order funded with Traffic
Development Funds and County Funds)
for the construction of the project.
ah. Contract Change Order No. 13 to Agreement
No. 13 -140 with Security Paving Company, Inc.
($79,921.65; revised not to exceed
$14,326,306.57), for the State Route 58 GAP
Closure Project. (TRIP)
ai, Contract Change Order No. 1 to Agreement
No, 13 -201 with Bowman Asphalt, Inc,
($36,216.85; revised not to exceed $812,173.85),
for the Hosking Avenue Widening and Related
Improvements Project.
ACTION TAKEN
AGR 12- 124(2)
AGR 97- 283(7)
AGR 97- 283(8)
AGR 14 -156
AGR 12 -165
CCO 16
AGR 13 -140
CCO 13
AGR 13 -201
CCO1
^0�?2
L O V v
Bakersfield, California, August 13, 2014 - Page 10
8. CONSENT CALENDAR continued ACTION TAKEN
aj, Terminate Agreement No. 13 -232 with MPI Prime REMOVED
Construction, Inc, ($13,770 balance remaining)
for bathroom reconstruction at Fire Station
No. 1.
Property Acquisition Agreements - TRIP:
ak,
Agreement with Alma Flores ($270,000) to
AGR 14 -157
purchase real property located at 4420 Marella
DEED 7979
Way, for the Centennial Corridor Project.
al.
Agreement with Pansy Turner ($269,000) to
AGR 14 -158
purchase real property located at
DEED 7980
4316 Kentfieid Drive, for the Centennial Corridor
Project,
am,
Agreement with Shyanne Cornelius ($252,000)
AGR 14 -159
to purchase real property located at
DEED 7981
4300 Kentfield Drive, for the Centennial Corridor
Project.
an,
Agreement with Devonte Lanell and Sara Ann
AGR 14 -160
Jennings ($301,000) to purchase real property
DEED 7982
located at 4304 Hillsborough Drive, for the
Centennial Corridor Project,
ao,
Agreement with Delores M, Depolan ($244,000)
AGR 14 -161
to purchase real property located at
DEED 7983
4412 Hillsborough Drive, for the Centennial
Corridor Project,
ap,
Agreement with Ana Martinez ($152,000) to
AGR 14 -162
purchase real property located at 14 Morrison
DEED 7984
Street, for the Centennial Corridor Project.
aq,
Agreement with Salvador and Barbara
AGR 14 -163
Sandoval ($147,000) to purchase real property
DEED 7985
located at 121 Morrison Street, for the
Centennial Corridor Project.
ar.
Agreement with California Premier Auctions LLC
AGR 14 -164
($230,000) to purchase real property located at
DEED 7986
4220 La Mirada Drive, for the Centennial
Corridor Project,
as.
Agreement with Valerie Ann Macias ($210,000)
AGR 14 -165
to purchase real property located at
DEED 7987
4400 Kentfield Drive, for the Centennial Corridor
Project,
Bakersfield, California, August 13, 2014 - Page 11
8. CONSENT CALENDAR continued
at. Agreement with Phillip W, and Martha A, Gillet
($305,000) to purchase real property located at
4408 Hillsborough Drive, for the Centennial
Corridor Project.
au. Agreement with John L. and Linda L, Gaddy,
Trustees of the Gaddy Family Trust ($239,000) to
purchase real property located at 4509 Charter
Oaks Avenue, for the Centennial Corridor
Project.
ay. Agreement with Wayne and Joanne Rosenthal
($254,000) to purchase real property located at
709 Montclair Street, for the Centennial Corridor
Project.
aw. Agreement with Janice Crooks, surviving trustee
of the Robert and Janice Crooks Revocable
Trust ($245,000) to purchase real property
located at 4408 Kensington Avenue, for the
Centennial Corridor Project.
ax. Agreement with Scott C. Heilman ($264,000), to
purchase real property located at 2301 C
Street, for the 24th Street Widening Project,
ay. Agreement with Shun Yee Florence Flesche
($210,000) to purchase real property located at
2401 Spruce Street for the 24th Street Widening
Project.
az, Agreement with Jeannette Erassarret ($250,000)
to purchase real property located at
2331 Beech Street for the 24th Street Widening
Project.
ba, Easement Agreement with Burlington Northern
Santa Fe Railway Company (BNSF), for
easement property identified as
APN 332 - 280 -16, to widen at grade crossing in
conjunction with Rosedale Highway Widening
Project,
Bids:
bb. Accept bid and approve contract with Granite
Construction Company (not to exceed
$6,500,000) for annual contract to supply street
materials.
ACTION TAKEN
AGR 14 -166
DEED 7988
AGR 14 -167
DEED 7989
AGR 14 -168
DEED 7990
AGR 14 -169
DEED 7991
AGR 14 -170
DEED 7992
AGR 14 -171
DEED 7993
AGR 14 -172
DEED 7994
AGR 14 -173
AGR 14 -174
^a
8.
Bakersfield, California, August 13, 2014 - Page 12
CONSENT CALENDAR continued ACTION TAKEN
bc. Accept bid and approve contract with DOD
Construction (not to exceed $313,500) for the
construction of HUD curb and gutter for
Oleander Area.
bd. Accept bid and approve contract with Cen-
Cal Construction (not to exceed $291,975) for
the construction of HUD curb and gutter for
Planz Area.
be. Accept bid and approve contract with Cen-
Cal Construction (not to exceed $291,975) for
the construction of HUD curb and gutter for
Beale Area,
bf. Accept bid and approve contract with Cen-
Cal Construction (not to exceed $2,145,332) for
annual contract for concrete construction,
bg. Accept bid and approve contract with Angelus
Waterproofing & Restoration Inc. ($124,955), for
the Convention Center Stage House Roof
Recoating Project.
bh, Accept bid and approve contract with
American Paving Company ($696,294,60) for
Bridge Repair; Oak Street at Burlington Northern
Santa Fe Railway (BNSF).
bi, Police Special Sedans;
Extend bid from Jim Burke Ford
($91,840.24) for four replacement four
door police special sedans for use by the
Police Department.
2. Transfer and appropriate $75,968 Self
Insurance Fund balance to the
Equipment Management Fund
Operating Budget,
3. Appropriate $15,872 Fund balance to
the Equipment Management Fund
Operating Budget,
Miscellaneous:
bj, Appropriate $60,000 State Grant Revenue for
the Waste Tire Enforcement Grant Program to
the Community Development Services
Operating Budget in the General Fund.
AGR 14 -175
AGR 14 -176
AGR 14 -177
AGR 14 -178
AGR 14 -179
AGR 14 -180
Bakersfield, California, August 13, 2014 - Page 13
8. CONSENT CALENDAR continued ACTION TAKEN
bk. Appropriate $6,000 from Kern Federal Credit
Union sponsorship revenues to the Recreation
and Parks Operating Budget within the General
Fund to provide landscape improvements to
the South H Street underpass.
bl. Appropriate $6,670 from C &O Bakersfield I, LLC,
and Moreland Family, LLC, for landscape
improvement deposits to the Recreation and
Parks Operating Budget within the General
Fund to complete landscape improvements for
Tract 6362 Phase 1.
bm. Accept State Farm "Celebrate My Drive" grant,
in the amount of $5,000; and appropriate the
$5,000 contribution to the Police Department
Operating budget in the General Fund to
develop brochures and purchase promotional
handouts to bring awareness of the dangers of
texting while driving to teen drivers.
Ion. Approval of Parcel Map 11788 Phase 2 with
DCM Assets Management, LLC, located at the
southwest corner of Olive Drive and Calloway
Drive.
Successor Agency Business:
bo. Receive and file successor agency payments
from June 27, 2014, to July 31, 2014, in the
amount of $1,680,071.70.
City Clerk Gafford announced that a staff
memorandum was received requesting to pull Item
8.aj, from the Agenda; and a staff memorandum was
received regarding Item 8.ag., clarifying that the
fence work on the east side of Allen will be done in
conjunction with the west side, via the City's annual
contractor.
Councilmember Smith announced that he would
abstain due to conflict of interest, applicant is a client,
on items 8.c. and 8.o.4.
Councilmember Maxwell requested that Item 8.p. be
removed for separate consideration.
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar items 8.a. through 8.bo., with the removal
of Item 8.p. for separate consideration, and the
removal of item 8.aj. from the Agenda.
e) 0 "7
a
Bakersfield, California, August 13, 2014 - Page 14
CONSENT CALENDAR continued
P. Resolution of Intention No. 1801 ordering the
vacation of portions of A, B, C, D, and G
streets, 13th and 14th streets, and Campus Way
surrounding Bakersfield High School,
In response to a request from Councilmember
Maxwell, Public Works Director Fidler provided a
brief explanation regarding why this is occurring
and the future plans for this vacation,
Motion by Councilmember Maxwell to adopt
Consent Calendar Item 8.p.
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider Resolution ordering
the vacation of a portion of 17th Place alley,
within Block 269, between N and O streets, (Staff
recommends adoption of Resolution)
b. Public Hearing to consider Resolution
establishing Underground Utility District No. 2,
Division 36 (Stine Road, Panama Lane to
Ryzona Street), (Staff recommends overriding
protests and adoption of Resolution)
C. Public Hearing to consider Resolution
establishing Underground Utility District No. 2,
Division 37 (20th Street - V Street to its western
terminus approximately 578 feet west of V
Street), (Staff recommends overriding protests and
adoption of Resolution)
d, Public Hearing to consider Resolution
establishing Underground Utility District No, 2,
Division 38 (34th Street - Chester Avenue to
Union Avenue). (Staff recommends overriding
protests and adoption of Resolution)
e. Public Hearing on Resolution of Necessity (RON)
to determine whether the public interest and
necessity for acquisition of certain real property
located at 411 Truxtun Avenue, for the Amtrak
Parking Structure Project (Code Civ, Proc,
§ 1240.010) (Staff recommends adoption of the
Resolutions of Necessity)
ACTION TAKEN
ROI 1801
APPROVED
REMOVED FOR
SEPARATE
CONSIDERATION
RES 149 -14
RES 150 -14
REMOVED FOR
SEPARATE
CONSIDERATION
RES 152 -14
�QC8
Bakersfield, California, August 13, 2014 - Page 15
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
City Clerk Gafford announced that a staff
memorandum was received addressing
correspondence received from Jim Riccomini, Jo
Banducci, Marry Banducci, and Perry Dabbs in
opposition to Hearing Item 9,a.
Consent Calendar Public Hearings opened at
6 :24 p.m,
Austin Smith requested to speak in favor of Item 9.a,
Councilmember Smith announced that he would
abstain due to conflict of interest, has a personal
interest in the real property on Item 9.a.
David Oxley requested to speak on Item 9,d,
Consent Calendar Public Hearings Items 8.b., 8.c., and
8.e. closed at 6:26 p.m,
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar Public Hearings items 9.b., 9.c., and 9.e.,
with the removal of items 9.a. and 9.d. for separate
consideration.
10. HEARINGS
a. City in the Hills Land Exchange Proposal of two
parcels in northeast Bakersfield that would
allow for development of single - family
residential homes on the 11.32 acres located on
City Hills Drive, and City's acquisition of 19.21
acres adjacent to the Mesa Marin Sports
Complex, Heidi Carter - Escudero has appealed
Planning Commission's decision to approve
proposal of the following:
1. Zone change No. 14 -0132; City (property
owner), has applied for a zone change
on 11.32 acres located on the east side
of City Hills Drive, between Garden Park
Drive and Kuma Way,
Resolution adopting a Negative
Declaration, RES 153 -14
0s0
Bakersfield, California, August 13, 2014 — Page 16
10. HEARINGS continued ACTION TAKEN
Item 10.a, continued
ii. First Reading of Ordinance FR
amending the Official Zoning
Map in Title 17 of the Municipal
Code by changing the zone
district from a PUD (Planned Unit
Development) to an R -1 /PUD
(One Family Dwelling /Planned
Unit Development),
2, General Plan Amendment /Concurrent
Zone Change No. 14 -0237 - City is
requesting an amendment to the
Metropolitan General Plan Land Use
Element and Zoning Ordinance on
approximately 19,21 acres located
between Kern Canyon Road (Highway
184) and Bedford Green Road.
Resolution adopting a Negative RES 154 -14
Declaration.
Resolution approving the general RES 155 -14
plan amendment changing the
land use designation from HMR
(High Medium Density Residential)
to OS -P (Parks and Recreation),
iii. First Reading of Ordinance FR
amending the Official Zoning
Map in Title 17 of the Municipal
Code by changing the zone
district from R -2 /PUD (Multiple
Family Dwelling /Planned Unit
Development) to RE (Recreation).
3. Land Exchange Agreement - City and AGR 14 -181
Mesa Marin, LLC, propose to enter Into
agreement to exchange 11.32 acres
located at City Hills Drive and Garden
Park Drive owned by the City for 19,21
acres located between Kern Canyon
Road and Bedford Road.
Staff recommends adoption of Resolutions First
Reading of the Ordinances approval of Agreement,
and denial of appeal,
21090
Bakersfield, California, August 13, 2014 — Page 17
10. HEARINGS continued ACTION TAKEN
Item 10.a, continued
Councilmember Smith announced that he
would abstain due to conflict of interest, a client
of his is involved, on Item 10.a.
Assistant to the City Manager Teglia made staff
comments and provided a PowerPoint
presentation.
Community Development Director Mclsaac
made additional staff comments,
Hearing opened at 6:43 p.m,
The following individuals spoke in opposition to
the staff recommendation: Christina Steed,
Diana Haworth, Heidi Carter - Escudero, and
Nicole Simmons.
No one spoke in support of the staff
recommendation,
Hearing closed at 6:58 p.m.
Vice -Mayor Weir made a motion to adopt
staff's recommendations on all items in 10.a.
Councilmember Johnson asked many
questions of staff and announced that he would
support the motion.
Councilmember Maxwell asked many
questions of staff and announced that he would
support the motion.
Councilmember Hanson called for the question.
Motion by Vice -Mayor Weir to adopt staff's APPROVED
recommendations on all items in Hearing ABS SMITH
Item 10.a.
9. a. Public Hearing to consider Resolution ordering RES 148 -14
the vacation of a portion of 171h Place alley,
within Block 269, between N and O streets. (Staff
recommends adoption of Resolution)
Hearing opened at 6:24 p.m. and continued at
7:51 p,m.
X03:.
Q
Bakersfield, California, August 13, 2014 - Page 18
CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
Item 9,a, continued
Austin Smith spoke in support of the staff
recommendation, and submitted written
material,
Hearing closed at 7:56 p.m.
Motion by Councilmember Maxwell to approve APPROVED
the vacation of 17th Place alley for this project. ABS SMITH
d. Public Hearing to consider Resolution RES 151 -14
establishing Underground Utility District No, 2,
Division 38 (34th Street - Chester Avenue to
Union Avenue). (Staff recommends overriding
protests and adoption of Resolution)
Hearing opened at 6:24 p.m. and continued at
7:57 p.m.
David Oxley spoke in support of the staff
recommendation,
Hearing closed at 8:00 p.m,
Councilmember Maxwell advised that he would
like to be the first to know of anything that gets
in the way of this project moving forward.
Motion by Councilmember Maxwell to adopt
Consent Calendar Public Hearings Item 9.d. APPROVED
Mayor Hall recessed the meeting at 8:01 p,m, and
reconvened the meeting at 8 :11 p, m.
11. REPORTS
a. Centennial Plaza Engraved Tiles & Bricks,
Assistant to the City Manager Huot made staff
comments, provided a PowerPoint
presentation, and recommended that this item
be referred to the Community Services
Committee,
Councilmember Maxwell made a motion to
refer this item to the Community Services
Committee and that he be allowed to attend
the meeting without participating.
20"2
Bakersfield, California, August 13, 2014 — Page 19
11. REPORTS continued ACTION TAKEN
Item l 1.a, continued
Councilmember Johnson advised that he would
like staff to replace the broken bricks, tiles, and
slabs in the same manner that was used in front
of Truxtun Avenue in order to preserve long-
term longevity, and seek to maintain the Plaza
in a positive effort moving forward.
Councilmember Smith advised he would like to
look at adding some things that would
complete the vision of Centennial Plaza as a
downtown park, such as adding more shade,
changing the design of the fountain, and
making it operate better for the community on
a day -to -day basis, and still operate for the
Convention Center and Rabobank.
Councilmember Sullivan suggested coming up
with something that is going to be the best
solution for long -term enjoyment and use of the
Plaza.
Motion by Councilmember Maxwell to refer this APPROVED
item to the Community Services Committee
with the caveat that he be invited to attend and
listen without comment to what happens during
the committee meeting.
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
a. League of California Cities Annual Conference RES 156 -14
appointment of voting delegate(s) and City
positions on Conference Resolution,
Assistant to the City Manager Teglia made staff
comments and recommend Council appoint a
voting delegate and alternate(s), and adopt
the Resolution in support of the League's
position.
Motion by Vice -Mayor Weir to be the delegate APPROVED
with Councilmembers Maxwell and Rivera as
alternates, and adoption in favor of the
Resolution being proposed at the League.
13.
Bakersfield, California, August 13, 2014 - Page 20
NEW BUSINESS continued
b. Golden Empire Transit District (GET).
Staff recommends Council determination.
At the request of Councilmember Rivera,
Norris Ledbetter and Howard Silver, City
representatives on the Golden Empire Transit
Board of Directors, made comments, provided
an update regarding what is going on at GET,
and submitted written material.
Councilmember Rivera made a motion to
remove the current two City representatives to
the GET Board of Directors and open up an
appointment process to appoint two new
members, which would be facilitated by the
City Clerk's Office.
Councilmember Johnson offered a friendly
amendment to make the appointment at the
next Council meeting on September 10th.
Karen King, CEO of Golden Empire Transit,
responded to questions from various
Councilmembers.
Councilmember Maxwell made a motion to
terminate the appointees to GET at the time that
the strike is over and direct the City Clerk to
begin the appointment process immediately.
Motion by Councilmember Maxwell that the
appointees by the City Council to the GET
Board are terminated upon the end of the GET
strike, or upon the and of their term, whichever
occurs first, and directing the City Clerk to
begin the recruitment process to fill the
remainder of each of their terms upon the
termination of their terms.
Motion by Councilmember Rivera, with a
friendly amendment from Councilmember
Johnson, to have the two City appointed Board
Members replaced and make the two new
appointments at the September 10h City
Council meeting.
ACTION TAKEN
FAILED
NOES WEIR, SMITH,
HANSON, SULLIVAN,
JOHNSON
FAILED
NOES WEIR, SMITH,
HANSON, SULLIVAN
Bakersfield, California, August 13, 2014 - Page 21
14. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN
Councilmember Johnson requested that the issue of
the Mills Act, relating to historical buildings,
preservation, and tax break, be referred to the
Legislative and Litigation Committee, and possibly
the Budget and Finance Committee or somewhere
else from there.
Councilmember Maxwell advised that he would like a
copy provided to the City Council, in advance of any
presentation, if possible, of any report prepared by the
consultant regarding the Police Department
evaluation.
In response to a question from Councilmember
Maxwell, City Manager Tandy advised that the $40
million that the County gave the City must be used for
TRIP projects.
Councilmember Smith advised that he is happy to see
that a lot of speed zones in Bakersfield were going
down, because it is safer.
Councilmember Smith thanked Recreation and Parks
staff for the e-mail advising him that the polo grounds
fence is going to be finished soon.
At the request of Councilmember Sullivan, City
Manager Tandy explained what the City is up against
regarding the County pockets and the annexation
process,
Councilmember Smith suggested that staff take a
serious look at a very successful Employee Wellness
Plan that was adopted by King County, Washington.
15. ADJOURNMENT
CITY CLERK and Ex Off!,
the Council of the City
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Bakersfield, California, March 20, 2013 — Page 22
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