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Home My WebLink About08/13/14 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 �00C; Bakersfield, California, March 20, 2013 — Page 22 * ** *THIS PAGE INTENTIONALLY LEFT BLANK * * **