HomeMy WebLinkAbout07/22/15 CC MINUTES2312
OF BA
F BAKERSFIELD CITY COUNCIL
MINUTES
® MEETING OF JULY 22, 2015
tteo
Council Chambers, City Hall, 1501 Truxtun Avenue
Special Meeting - 4:00 p.m.
Regular Meeting- 5:15 p.m.
SPECIAL MEETING - 4:00 p.m.
ACTION TAKEN
1.
ROLL CALL
Present: Mayor Hall, Vice -Mayor Hanson,
Councilmembers Rivera, Maxwell, Weir,
Smith. Sullivan (seated at 4:02 p.m.),
Parlier
Absent: None
2.
PUBLIC STATEMENTS
None.
3.
CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code section 54956.9(d)(1) for the
following:
1. Gurrola, Richard Dewey, et al. v. City of
Bakersfield, et al., USDC Eastern District
Case No, 1:13 -CV- 02057 -JLT.
2. Concerned Citizens of the Fairfax Road
Area, et al v. City of Bakersfield, Kern
County Superior Court Case No. BCV -15-
100239.
Motion by Vice -Mayor Hanson to adjourn to Closed
APPROVED
Session at 4:01 p.m.
AB SULLIVAN
Motion by Vice -Mayor Hanson to adjourn from Closed
APPROVED
Session at 4:40 p.m.
Meeting reconvened at 5:11 p.m.
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5.
Bakersfield, California, July 22, 2015 - Page 2
CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code section 54956.9(d)(1) for the
following:
1. Gurrola, Richard Dewey, et al. v. City of
Bakersfield, et al., USDC Eastern District
Case No. 1: 1 3-CV-02057-JLT.
2. Concerned Citizens of the Fairfax Road
Area, et al. v. City of Bakersfield, Kern
County Superior Court Case No. BCV -15-
100239.
ADJOURNMENT
Mayor Hall adjourned the muting at 512
ATTEST:
CITY CLERK and Ex
the Council of the
REGULAR MEETING -5:15 P.M.
1. ROLL CALL
Present: Mayor Hall, Vlce -Mayor Hanson,
Councilmembers Rivera, Maxwell, Weir,
Smith, Sullivan, Parlier
Absent: None
2. INVOCATION
3. PLEDGE OF ALLEGIANCE by Griffin Kitchen, 1 st grade
student at Discovery Elementary School.
Mayor Hall acknowledged Boy Scout Troop 139, with Troop
Leader Jeff Burdick, and Boy Scout Troop 484, In attendance
at the meeting to learn about City government.
ACTION TAKEN
CITY ATTORNEY WAS
GIVEN DIRECTION
NO REPORTABLE
ACTION
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Bakersfield, California, July 22, 2015 - Page 3
4. PRESENTATIONS ACTION TAKEN
a. Presentation by Mayor Hall of a Proclamation to
Jimmie Soto, Executive Director of Independent
Living Center of Kern County, declaring July 24,
2015, Americans with Disabilities Act Day.
Mr. Soto accepted the Proclamation and
made comments.
Tracey Lemucchi made additional comments.
b. Presentation by Mayor Hall of a plaque to Bob
Bell, owner of The Village at Towne Centre,
located at 1201 24th Street, honoring the visual
appeal the center brings to downtown
Bakersfield.
Mr. Bell accepted the plaque and made
comments.
5. PUBUCSTATEMENTS
a. Byron Sandrinl , representing the 999 Officer
' Down Foundation, a local non -profit that
provides assistance for officers killed or Injured
In the line of duty and their survivors, asked for
the Council's consideration in naming the SR -99
and Hosking Avenue Interchange as
"Bakersfield Police Officer David Joseph Nelson
Memorial Interchange" In honor of recently
fallen Bakersfield Police Officer David Nelson.
Councilmember Parlier thanked Mr. Sandrini for
bringing this matter to his attention; and
thanked Assembly Member Shannon Grove for
her support in putting forth legislation to see that
this happens.
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Bakersfield, California, July 22, 2015 - Page 4
S. PUBUC STATEMENTS continued ACTION TAKEN
b. Cathy Butler, Executive Director of the
Downtown Business Development Center,
provided an update on their various activities;
Invited everyone to attend a special mixer In
the alley on Thursday, August 6m where Mayor
Hall will have the honor of lighting up the
downtown alley; introduced the formation of
the Downtown Clean Team; and submitted
written material.
C. Karen King, CEO of Golden Empire Transit
District, provided an update on recent activities
at the district: the GET board adopted a $27.5
million budget on July 7m; partnering with City
staff, the County, and Kern COG to Identify
locations where bus stop Improvements can be
made; stated the first phase of the
Improvement project can be found on their
website at www.aetbus.ora; the board
approved the Introduction of a new fifteen day
pass; announced they will be raising bus fares,
effective August lr; additional service was
Introduced for three routes; Thanksgiving and
Christmas service have been terminated;
announced their finance department was
awarded a certificate of achievement for
excellence and financial reporting by the
Government Finance Officers Association; and
submitted written material.
Councilmember Smith thanked Ms. King for the
update and asked Public Works staff for
assistance with making the curb, gutter, and
sidewalk bus stop improvements happen as
soon as possible.
Mayor Hall suggested GET consider re- enacting
the Get -A -Lift Advisory Committee.
d. Jeremiah Wright thanked Councllmember
Rivera for checking Into to his grandpa's
request for a sidewalk to be placed in front of
his property on 4+ street, and for his
response; and congratulated Councllmember
Sullivan on celebrating the natlonal motto 'in
God We Trust" on Thursday, July 30, 2015, at the
Marriott Hotel.
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Bakersfield, California, July 22, 2015 - Page 5
S. PUBLIC STATEMENTS continued ACTION TAKEN
e. The following Individuals spoke in opposition to
the proposed banning of fireworks; April Wafts;
Pastor Victor Perez Dennis Revell, President of
Revell Communications, appearing on behalf
of TNT Fireworks; and Jim Baldwin, President of
B.A.R.C.
Vice -Mayor Hanson requested that the use of
personal fireworks in the City be reviewed by
the Legislative and Litigation Committee.
f. Roger Southfield spoke regarding a
compassionate care center program that will
assist cities with the distribution of medical
cannabis.
g. Judith Harniman spoke regarding issues that
have resulted from the City's purchase of
properties along 24m Street; stated there has
been a significant Increase In crime rates with
vacant homes being vandalized by
opportunistic thieves, and expressed
disappointment with the City's response to a
request to secure vacant property.
Councilmember Parlier expressed his concern
with delays in securing vacant properties during
off hours and weekends and asked if crossover
work with Public Works might help with this
issue, especially when there is a clear and
present danger to nearby residences.
h. Alex Morales stated he was misinformed when
he spoke at the last Council meeting and
apologized to the Council; stated he received
paperwork from City staff explaining what will
be done to address his concerns with the 24m
Street Widening Project; he appreciates City
staff taking care of vacant properties and
mowing lawns; and believes the only way to
solve the vandalism problem In the area Is with
a neighborhood watch program.
Councilmember Parlier requested the Police
Department's Crime Prevention reach out to
various blocks in the area and help establish
block captains for the neighborhood.
2 317 Bakersfield, California, July 22, 2015 - Page 6
5. PUBLIC STATEMENTS continued ACTION TAKEN
Phil Rudnick spoke regarding his work
benefltfing children In our community;
suggested groups that use fireworks
as a fundraiser that are concerned with the
potential banning of personal use fireworks,
establish an Initiative called the "Kindness Club
of Bakersfield" and discuss a possible solution;
announced Airport Valet Express has shuttled
passengers between Bakersfield and LAX
Airport for over a year and a half; as a result
they are participating In the Community Ride -
Share initiative and have created over 12
million passenger miles of potential ride share
clean air activity.
6. WORKSHOPS
None.
APPOINTMENTS
a. One appointment of an Alternate Member to
the Keep Bakersfield Beautiful Committee
(KBBC), representing Ward 4, due to the
resignation of Dave Hepburn, whose term
expires November, 2018.
City Clerk Gafford announced one application
was received from Nathan Meeks.
Motion by Councilmember Smith to appoint APPROVED
Nathan Meeks as an Alternate Member on the
Keep Bakersfield Beautiful Committee, to fill the
unexpired term which expires November, 2018.
b. One appointment to Kern County Workforce
Development Collaborative.
Motion by Vice -Mayor Hanson to appoint APPROVED
Councilmember Weir to the Kern County
Workforce Development Collaborative.
B. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the June 24, 2015, '
Regular City Council Meetings.
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Bakersfield, California, July 22, 2015 - Page 7
8. CONSENT CALENDAR continued
Payments:
b. Receive and file department payments from
June 12, 2015 to July 9, 2015 In the amount of
$30,680,078.79, Self Insurance payments from
June 12, 2015 to July 9, 2015 in the amount
of $1,660,017.95, totaling $32,340,096.74.
Ordinances:
C. Adoption of Ordinance Enacting Chapter 9.13
of the Municipal Code relating to Unregulated
Chemicals.
Re3olu8ons:
d. Resolution authorizing the submittal of
applications for CalRecycle Used Oil Payment
Program (OPP) Grants for Fiscal Years 2015 -16
through 2019 -20.
e. Resolutions 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 -95 (northeast corner of Wible
Road & Hosking Avenue)
2. Area 4 -136 (3910 2. N. Slllect Avenue)
3. Area 4 -137 (southwest corner of Brittan
Road & Arrow Street)
f. Resolution of Intention No. 1850 adding territory,
Area 3 -96 (5351 Taff Highway) to the
Consolidated Maintenance District and
preliminarily approving, confirming, and
adopting the Public Works Director's Report.
Agreements:
g. Agreement between the City, State of
California Department of Public Health and the
U.S. Department of Housing and Urban
Development for $383,139 In Housing
Opportunities for Persons with HIV /AIDS
Entitlement Program (HOPWA).
ACTION TAKEN
ORD 4823
RES 092 -15
RES 093 -15
RES 094 -15
RES 095 -15
ROI 1850
AGR 15 -171
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8.
Bakersfield, California, July 22, 2015 - Page 8
CONSENT CALENDAR continued
h. Agreement with River Ranch Community, LLC
($103,700), to purchase real property located
southeast of Old River Road and Rose Creek
Way for a domestic water well site.
Agreements for on-call civil engineering
services for Wastewater Division:
Provost and Pritchard Engineering
Group, Inc. (not to exceed $50,000 for a
two-year term).
2. Corolla Engineers, Inc. (not to exceed
$50,000 for a two -year term).
j. Right of Way Agreement with Kern River Gas
Transmission and Mojave Pipeline Company for
pipeline easement on APN 531 -012 -14 for the
State Route 178 Widening Project.
k. Agreement with Environmental Systems
Research Institute (not to exceed $351,000 for a
three year period) for geospatial and mapping
software.
I. Amendment No. 8 to Agreement No. 08 -179
with SunGard Public Sector, Inc. ($168,932.50),
for Service Support of Licensed Software.
m. Amendment No. 1 to Disposition and
Development Agreement (DDA) No. 15-058
with MITI Creek Village CIC, LP (Chelsea
Investment Corporation) for the development
of 63 units of affordable senior housing and a
100 -space parking facility located at 508 18Th
Street.
n. Amendment No. 1 to Agreement No. 12 -074,
Kern River Interests Cost Sharing Agreement,
with the Buena Vista Water Storage District,
Kern County Water Agency, Kern Delta Water
District, North Kern Water Storage District and
City ($35,000, revised not to exceed $77,000
and extend term five years) relating to United
States Army Corps of Engineers Restrictions on
Use of Isabella Reservoir Storage Space.
ACTION TAKEN
AGR 15 -172
AGR 15 -173
AGR 15 -174
AGR 15 -175
AGR 15 -176
AGR 08- 179(8)
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 12- 074(1)
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Bakersfield, California, July 22, 2015 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
' o. Amendment No. 1 to Agreement No. 14 -140 AGR 14. 140(1)
with BASF Corporatlon ($120,000; revised not to
exceed $240,000 and extend term one year) to
provide polymer for the dissolved air floatation
thickeners (DAF) at Plant No. 3.
p. Contract Change Order Nos. 4, 13, and 19 to AGR 14 -202
Agreement No. 14 -202 with Granite CCO 4, CCO 13,
Construction Company ($15,587; revised not to CCO 19
exceed $20,851,237.65; change orders funded
with Traffic Development Funds (rDF) (100%)) for
the construction of the Hosking Avenue
Interchange Project (TRIP).
q. Contract Change Order No, 2 to Agreement AGR 15 -009
No. 15-009 with Telchert Construction ($15,000; CCO 2
revised not to exceed $16,029,592.40; change
order 88.53% federally and 11.47% locally
funded) for the Rosedale Highway Widening
Project. (TRIP)
I. Contract Change Order Nos. 1, 29 and 30 to
REMOVED FOR
Agreement No. 11 -144 with Security Paving
SEPARATE
Company, Inc. ($72.586.96; revised not to
CONSIDERATION
'
exceed $12,712,450.54 - change orders funded
with Roads Program Utility /Surcharge Fund and
Traffic Development Fees) for construction of
the Westside Parkway Phase 6B Project (TRIP).
S. Contract Change Order Nos. 11, 17, 19, 21, 22,
AGR 12 -165
and 23 to Agreement No. 12 -165 with Security
CCO 11, CCO 17,
Paving Company, Inc. ($11,716.27; revised not
CCO 19, CCO 21,
to exceed $29,817,558.32 change orders
CCO 22, CCO 23
funded with State Transportation Improvement
Program (STIP) Funds {100 %)) for the
Construction of the Westside Parkway Phase 6C
Project (TRIP).
Property Acquisition Agreements - TRIP:
t. Agreement with Eliuth Garcia ($199,000) to
AGR 15 -177
purchase real property located at 611 Alamo
DEED 8240
Street for the Centennial Corridor Project.
U. Agreement with Babok Abdgadid ($259,000) to AGR 15 -178
purchase real property located at 4400 DEED 8241
' Hillsborough Drive for the Centennial Corridor
Project.
91
aa. Amendment No. 1 to Agreement No, 14-038 AGR 14- 038(1)
with Bernard Ardualn Family Trust to
compensate Benji's Basque Restaurant
($70,000; revised not to exceed $123,000) for
parking lot Impacts located at 4001 Rosedale
Highway for the Rosedale Highway Widening
Project.
Bids:
ab. Reject all bids for Centennial Plaza Fountain REMOVED FOR
Replacement. SEPARATE
CONSIDERATION
Bakersfield, California, July 22, 2015 - Page 10
CONSENT CALENDAR continued
ACTION TAKEN
V.
Agreement With Hometown Ventures LLC
REMOVED FOR
($1,242.000) to purchase real property located
SEPARATE
at 4800 Easton Drive - Building F for the
CONSIDERATION
Centennial Corridor Project.
W.
Agreement with Judith A. O'Callaghan, Trustee
AGR 15 -780
of the Judith A. O'Callaghan Revocable Living
DEED 8243
Trust Of 2009 ($126,000) to purchase real
property located at 601 Alamo Street for the
Centennial Corridor Project.
X.
Agreement with Edward Spaulding ($145,000)
AGR 15 -181
to purchase real property located at 3404 Elcia
DEED 8244
Drive for the Centennial Corridor Project.
Y.
Agreement with Gloria Qulntanllla and
AGR 15 -182
Fernando Santiago Qulntanllla ($139,000) to
DEED 8245
purchase real property located at 113 Morrison
Street for the Centennial Corridor Project.
Z.
Agreement with Jean K. Washburn, successor
AGR 15 -183
trustee of the Bernadette Guzzardo Trust, dated
DEED 8246
June 17, 2014, for ($235,000) to purchase real
property located at 4317 Kenifleld Drive for the
Centennial Corridor Project.
aa. Amendment No. 1 to Agreement No, 14-038 AGR 14- 038(1)
with Bernard Ardualn Family Trust to
compensate Benji's Basque Restaurant
($70,000; revised not to exceed $123,000) for
parking lot Impacts located at 4001 Rosedale
Highway for the Rosedale Highway Widening
Project.
Bids:
ab. Reject all bids for Centennial Plaza Fountain REMOVED FOR
Replacement. SEPARATE
CONSIDERATION
8.
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Bakersfield, California, July 22, 2015 - Page 11
CONSENT CALENDAR continued
ac. Extend bid for one replacement fire engine:
1. Extend bid from Kovatch Mobile
Equipment ($552,255,08) for one
replacement fire engine for the Fire
Department.
2. Transfer and appropriate $293,000 Self
Insurance Fund Balance to the
Equipment Management Fund
Operating Budget.
3. Appropriate $260,000 Equipment Fund
Balance to the Equipment Management
Fund Operating Budget.
ad. Accept bid and approve contract with
Crosstown Electrical & Data, Inc. ($388,510.00),
for the Traffic Signal Synchronization - Part 6
project.
ae. Accept bid and approve annual contract with
Kern Sprinkler Landscaping, Inc., ($600,000) for
on -call irrigation & landscape service.
af. Accept bid and approve contract with Superior
Construction ($334,911.07) for Planz Park
Restroom Rehabilitation.
ag. Accept bid and approve contract with GM
Engineering, Inc. ($376,430.62), for construction
of the Jenkins Road Transmission Pipeline
Improvements.
ah. Westside Parkway Retaining Wall (TRIP):
1. Accept bid and award contract with
Union Engineering Company, Inc.
(447,208;100.0% locally funded), to
construct the Westside Parkway
Retaining Wall Project.
2. Transfer $250,000 savings from the
Westside Parkway project ($102,446
within the Utility Surcharge Local Fund
and $147,554 within the Transportation
Development Fund) to the Public Works
Capital budget for the Retaining Wall
Project.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 15 -185
AGR 15 -186
AGR 15 -187
REMOVED FOR
SEPARATE
CONSIDERATION
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Bakersfield, California, July 22, 2015 - Page 12
CONSENT CALENDAR Continued
ACTION TAKEN
Miscellaneous:
al. Appropriate $64,354 from North of the River's
(NOR) Park Development Fees to the Non -
Departmental Capital Improvement Budget
within the Park Improvement Fund for the
planning of various park areas.
aJ. Submittal of Property Tax Exchange Letters to
REMOVED FOR
the Kern County Local Agency Formation
SEPARATE
Commission (LAFCo) for Annexation Nos. 589,
CONSIDERATION
649 and 652.
ak. Supplemental Audit Reports:
1. Single Audit Report of Federal
Expenditures
2. Operational Audit Report of Arena
Operations
Successor Agency Business:
al. Receive and file Successor Agency payments
from June 12. 2015 to July 9, 2015 in the amount
of $35,040.00.
am. State Audit Report of Successor Agency
Property Transfers.
Councilmember Weir requested item 8.al. be
removed for separate consideration.
Councilmember Maxwell requested items B.m., 8.r.,
8.v., 8.ab., 8.ad., and 8.ah. be removed for separate
consideration.
Motion by Vice -Mayor Hanson to adopt Consent
APPROVED
Calendar items 8.a, through 8.am., with the removal at
items 8.m., 8.r., 8.v., 8.ab., 8.ad., 8.ah., and 8.aj. for
separate consideration.
M. Amendment No. 1 to Disposition and
Development Agreement (DDA) No. 15 -058
with MITI Creek Village CIC, LP (Chelsea
Investment Corporation) for the development
of 63 units of affordable senior housing and a
100 -space parking facility located at 508 18Th
Street.
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Bakersfield, California, July 22, 2015 - Page 13
8. CONSENT CALENDAR continued ACTION TAKEN
Councilmember Rivera announced that he would
abstain, due to a conflict of interest, an entity involved
in the proposed action (Corporation for Better
Housing) is a source of income or gifts to himself, on
item 8.m.
Motion by Councilmember Maxwell to adopt Consent
Calendar item 8.m.
Motion by Vice -Mayor Hanson to continue Consent APPROVED
Calendar item 8.m. to the next meeting on August ABS RIVERA
12th, to allow City Manager Tandy to be present and
answer additional questions.
Contract Change Order Nos. 1, 29 and 30 to AGR 11 -144
Agreement No, 11 -144 with Security Paving CCO 1, CCO 29,
Company, Inc ($72,586.96; revised not to CCO 30
exceed $12,712,450.54 - change orders funded
with Roads Program Utility /Surcharge Fund and
Traffic Development Fees) for construction of
the Westside Parkway Phase 6B Project (TRIP).
Councilmember Maxwell announced he would
abstain on Consent Calendar item 8.r., due to his
disapproval of the use of Utility Surcharge funds on
the project.
Motion by Vice -Mayor Hanson to adopt Consent
APPROVED
Calendar item 8.r.
ABS MAXWELL
V. Agreement with Hometown Ventures LLC
AGR 15 -179
($1,242,000) to purchase real property located
DEED 8242
at 4800 Easton Drive - Building F for the
Centennial Corridor Project.
Motion by Councilmember Maxwell to adopt Consent
APPROVED
Calendar item 8. v.
ab. Reject all bids for Centennial Plaza Fountain
Replacement.
Motion by Councilmember Maxwell to adopt Consent
APPROVED
Calendar item 8.ab.
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Bakersfield, California, July 22, 2015 - Page 14
CONSENT CALENDAR continued
ad. Accept bid and approve contract with
Crosstown Electrical & Data, Inc. ($388,510.00),
for the Traffic Signal Synchronization - Part 6
project.
Motion by Councilmember Maxwell to adopt Consent
Calendar item 8. ad.
ah. Westside Parkway Retaining Wall (TRIP):
1. Accept bid and award contract with
Union Engineering Company, Inc.
(447,208;100.0% locally funded), to
construct the Westside Parkway
Retaining Wall Project.
2. Transfer $250,000 savings from the
Westside Parkway project ($102,446
within the Utility Surcharge Local Fund
and $147,554 within the Transportation
Development Fund) to the Public Works
Capital budget for the Retaining Wall
Project.
Councilmember Maxwell requested staff include in
Administrative Reports in the future, the original total
savings from a project and the balance after incurring
each cost.
Councilmember Maxwell announced he would
abstain on Consent Calendar item 8.ah., due to his
disapproval of the use of Utility Surcharge funds on
the project.
Motion by Vice -Mayor Hanson to adopt Consent
Calendar item 8.oh.
aj. Submittal of Property Tax Exchange Letters to
the Kern County Local Agency Formation
Commission (LAFCo) for Annexation Nos. 589,
649 and 652.
Motion by Councilmember Rivera to adopt Consent
Calendar item 8.oj.
Mayor Hall recessed the meeting at 7:03 p.m. and
reconvened the meeting at 7:12 p.m.
ACTION TAKEN
AGR 15 -184
APPROVED
AGR 15 -188
APPROVED
ABS MAXWELL
APPROVED
NOES WEIR
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Bakersfield, California, July 22, 2015 - Page 15
8. CONSENT CALENDAR continued ACTION TAKEN
LMotion by Vice -Mayor Hanson to move Hearing item 10.b. APPROVED
forward on the agenda, to be heard before Hearing item ASS SMITH
70.0.
Councilmember Smith announced that he would abstain,
due to a conflict of interest, a person involved in the
proposed action (Ron Froehlich), is a source of income to
himself, on item 10.b.
9. CONSENT CALENDAR PUBLIC HEARINGS
None.
10. HEARINGS
b. Public Hearing to consider Resolution denying
the appeals by Aneta Adams and Scott
Lehman and uphold the Planning Commisslon's
declsion approving Planned Development
Review No. 15,0053 for a 125,000 square foot
retail center on 14.65 acres In a C- 2 -P.C.D
(Regional Commercial Zone- Planned
Commercial Development Zone) district
' located at 1201 Allen Road.
(Applicant /Property Owner: Artisan Square
Investments LLC).
City Clerk Gafford announced a -mall
correspondence was received from Cynthla
Correll, In opposition to the project;
supplemental correspondence to the appeal
was received from Scoff Lehman;
correspondence was received from Murray
Traglsh, requesting a continuance on this item;
correspondence was received from Ron
Froehlich, regarding the project, as well as
correspondence agreeing to the continuance
of the matter to August 12m.
Hearing Item 10.b. opened at 7 :17 p.m.
No one spoke.
Motion by Vice -Mayor Hanson to continue APPROVED
Hearing item 10.b. to the meeting of August 12m, ABS SMITH
at the request of the appellant and as agreed
' upon by the developer.
2327 Bakersfield, California, July 22, 2015 - Page 16
10. HEARINGS continued ACTION TAKEN
a. Public Hearing to consider a Resolution denying RE5096 -15 ,
an appeal of the Board of Zoning Adjustment's
approval of Condltlonal Use Permit/Zoning
Modification (CUP/ZM) No. 15-0067 and
approving CUP /ZM No. 15-0067 proposed by
Solomon Ferguson Architects to construct a 28-
unit apartment complex and reduce the front
building setback from 43 feet to 6 feet and the
rear building setback from 15 feet to 7 feet, In a
C -O (Professional and Administrative Office)
District located at 212518th Sheet, subject to
conditions of approval. A finding that the
project Is exempt from the California
Environmental Quality Act will also be
considered. (confined tom 06103115 meeting)
City Clerk Gafford announced a staff
memorandum was received regarding Item
10.a., transmitting copies of renderings for the
18m Street Lofts; correspondence was
received from the following individuals: Stephen
Montgomery, In opposition; Jeanine Lambert, in
opposition; Eydie Gibson, In support; Melissa ,
Watkins, in support; and Tim Vivian, of St. Paul's
Episcopal Church, in support,
Community Development Director Mclsaac
made staff comments and provided a
PowerPoint presentation.
Hearing item 10.a. opened at 7:34 p.m.
The following Individuals spoke In opposition to
the staff recommendation: Stephen
Montgomery, on behalf of Dr. Kurt Flnberg;
Jeanine Lambert, member of the Christian
Science Church; Sandee Senior, on behalf of
the Women's Club of Bakersfield; Dr, Brlgete
Bonnet; Michael Ladd; Ken White; and Lynn
Brown, on behalf of the Christian Science
Church.
10.
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Bakersfield, California, July 22, 2015 - Page 17
HEARINGS continued
ITEM 10.A CONTINUED
The following individuals spoke In support of the
staff recommendation: Eydle Glbson, member
of Vlridlan Group; Ricardo Ferguson; Architect
for Viridian Group; Kyle Carter; Corrine Coats;
Stephanle Sparrow; Ken Carter; Philip Holt,
former Senior Bishop's Warden at St. Paul's
Church; Joshua Ochoa; Jason Cater; Cindy
Parra; Tanner Ottaway., Dennis Fox and Carlos
Bello, a health educator.
The following individuals spoke In rebuttal
opposition of the staff recommendation: John
Sarad; Jeanine Lambert; Dr. Brigette Bonnet;
and Michael Ladd.
Ricardo Ferguson spoke in rebuttal support of
the staff recommendation.
Hearing Item 10.a. closed at 8:20 p.m.
Motion by Councilmember Smith to deny the
appeal, approve staff's recommendation and
adopt the Resolution.
Mayor Hall recessed the meeting at 9:09 p.m.
and reconvened the meeting at 9:14 p.m.
Motion by Councilmember Maxwell to reject
staff's recommendation.
Motion by Councilmember Smith to deny the
appeal, approve staff's recommendation and
adopt the Resolution.
b. Public Hearing to consider Resolution denying
the appeals by Aneta Adams and Scott
Lehman and uphold the Planning Commisslon's
declsion approving Planned Development
Revlew No. 15 -0053 for a 125,000 square foot
retail center on 14.65 acres In a C- 2 -P.C.D
(Regional Commercial Zone- Planned
Commercial Development Zone) district
located at 1201 Allen Road.
(Applicant /Property Owner: Artisan Square
Investments LLC).
ACTION TAKEN
FAILED
NOES WEIR, SMITH,
HANSON, PARLIER
APPROVED
NOES RIVERA,
MAXWELL, SULLIVAN
MOVED FORWARD
ON THE AGENDA
SEE PAGE 15
2328
Bakersfield, California, July 22, 2015 - Page 18
11. REPORTS ACTION TAKEN
None.
12. DEFERRED BUSINESS
None,
13. NEW BUSINESS
None,
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Rivera referred the use of e- cigareffes
to the Safe Neighborhoods Committee, explaining he
would like to have a discussion about what is being
done to regulate e- cigareffes within the City limits.
Councilmember Maxwell stated the Council recently
attended a League of California Cities conference in
Monterey; he attended a presentation on groundwater
and feels the answers he received to questions made
during the presentation will be significant in moving
forward as a City.
Councilmember Smith requested staff look into
revising the way street lights are fixed and set up a
regular maintenance schedule for lights to be
replaced.
Councilmember Weir requested staff look into a citizen
concern of tenants not receiving their deposits back.
If deemed necessary send to committee.
Vice -Mayor Hanson stated he will be working with the
Council during the upcoming week to discuss the
possibility of a Council retreat.
Vice -Mayor Hanson requested staff look into issues
that are described in two letters he received.
Councilmember Sullivan announced that on July 30th,
In God We Trust America is having its annual
fundraising event at the Marriott, and stated tickets are
still available and to contact her if interested; advised
this year's keynote speaker will be Lieutenant Colonel
Allen West; she also pointed out there are now almost
550 cities across the country, with 120 in California,
that publicly display the national motto.
Bakersfield, California, July 22, 2015 - Page 19
15. ADJOURNMENT
' Mayor Hall adjoumed the meeting at 9:27 p.m.
7ng
MAYOR of the City of Bakersfleld,
ATTEST:
*5 � G
CITY CLERK and Ex Off19 erk of
the Council of the Clty of Bakersfield
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1
ACTION TAKEN
2330
2331 Bakersfield, California, July 22, 2015- Page 20
,THIS PAGE IN=IONALLY LEFT BLANK'*'*
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