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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. 2313 4. 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 1 fill 2314 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. 0 2315 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. 1 1 2316 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. 1 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 2318 2319 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) 2320 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. 1 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 2322 9 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. 1 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. 1 :324 2325 8. 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 232& 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. 1 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 1 1 ACTION TAKEN 2330 2331 Bakersfield, California, July 22, 2015- Page 20 ,THIS PAGE IN=IONALLY LEFT BLANK'*'* 1 1 [I