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HomeMy WebLinkAbout04/20/16 CC MINUTESBA BAKERSFIELD CITY COUNCIL o MINUTES MEETING OF APRIL 20, 2016 teo 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 Hanson, Councilmembers Rivera, Maxwell, Weir, Smith, Parlier Absent. Mayor Hall, Councilmember Sullivan 2. PUBLIC STATEMENTS a. Shannon Medina, representing the Bakersfield Museum of Art, spoke regarding three new exhibits, including local works from the ArtWorks student program; cover art program for Westways Magazine of the Automobile Club of southern California; invited everyone to visit the museum and enjoy all of the exhibits; and submitted written material. 3. CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code section 54957.6. b. Conference with Legal Counsel — Existing Litigation; Closed session pursuant to Government Code section 54956.9(d)(1) regarding Michelle King, et al. v. City of Bakersfield, Kern County Superior Court Case No. BCV- 16- 100430, DRL. C. Conference with Legal Counsel — Potential Litigation; Closed session pursuant to Government Code section 54956,9(d)(2),(e)(1) (one matter). I ?5 ^41 3. 4. Bakersfield, California, April 20, 2016 - Page 2 CLOSED SESSION continued Motion by Councilmember Weir to adjourn to Closed Session at 3:35 p.m. Motion by Councilmember Weir to adjourn from Closed Session at S :r)6 p.m. Meeting reconvened at 5:15 p.m. CLOSED SESSION ACTION ACTION TAKEN APPROVED AB SULLIVAN APPROVED AS SULLIVAN a. Conference with Labor Negotiator pursuant to STAFF WAS GIVEN Government Code section 54957.6. DIRECTION b. Conference with Legal Counsel — Existing Litigation; Closed session pursuant to Government Code section 54956.9(d)(1) regarding Michelle King, et al. v. City of Bakersfield, Kern County Superior Court Case No, BCV -16- 100430, DRL. C. Conference with Legal Counsel — Potential Litigation; Closed session pursuant to Government Code section 54956.9(d)(2),(e)(1) (one matter). 5. WORKSHOPS None. 6. ADJOURNMENT Vice -Mayor Hanson adjourned the meeting at 5:16 p.m. MAYO of the City of Bakersfie , CA ATTEST: _14_a�4 A44111- CITY CLERK and Ex OffIcId Clerk of the Council of the City of Bakersfield STAFF WAS GIVEN DIRECTION NO REPORTABLE ACTION j i ?526 Bakersfield, California, April 20, 2016 - Page 3 REGULAR MEETING -5:16 P.M. ACTION TAKEN (' 1. ROLL CALL CPresent: Vice -Mayor Hanson, Councilmembers Rivera, Maxwell, Weir, Smith, Earlier Absent: Mayor Hall, Councllmember Sullivan 2. INVOCATION by Associate Pastor Stephen Hicks, Bakersfield Hillcrest Seventh Day Adventist Church. 3. PLEDGE OF ALLEGIANCE by Taryn Reese, 6th grade student at Castle Elementary School. Vice -Mayor Hanson acknowledged Political Science class students from California State University Bakersfield and Taft College in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation of a plaque by Vice -Mayor Hanson to Misty De La Torre and Samantha Cardenas, representing the Friends of Mercy Walking Park, honoring beautification efforts at the Mercy Walking Park. Ms. De La Torre and Ms. Cardenas accepted the plaque and made comments. b. Presentation of a Certificate of Appreciation by Vice -Mayor Hanson To a family representive, honoring a $20,000 contribution for the funding of Bakersfield Homeless Center crews cleaning and maintaining the Bakersfield Bike path, by the Lazzerini Family Foundation. Mr. Lazzerini accepted the Certificate and made comments, c. Presentation by David Womack, Senior Vice President, and Kristin Weber Senior Community Benefit Specialist, Kaiser Permanente Kern County, of a $31,500 check to fund Operation Splash, providing discounted swim lessons and summer season passes to low- income families. Vice -Mayor Hanson and Recreation and Parks Director Hoover accepted the check and made comments. �52r Bakersfield, California, April 20, 2016 — Page 4 5. PUBLIC STATEMENTS ACTION TAKEN a. Kathleen Faulkner spoke regarding Faith in Action, an inter -faith group taking action to address community concerns, issues, and improving communication with law enforcement to create a safer community; and advised a speaking event regarding relationships with law enforcement will be held tomorrow night at 7:00 p.m., in the new dorms located at California State University Bakersfield; and stated Police Chief Williamson will be one of the speakers at the event, b. John Hipskind, Vice - President of the Home Owner's Association for his condominium complex, spoke regarding concerns for the number of speeders on Dunsmuir Road; stated a request for installation of a speed bump on their street was rejected last year; and requested the City Council consider revisiting the issue and approve the installation of a "Traffic Calming Device ", an elongated flat top hump rated for 30 mph, and speed limit signs. Councilmember Maxwell requested staff re- evaluate the results of the traffic study to place a speed bump on Dunsmuir Road and we meet with Mr. Hipskind to address his concerns. C. Robert Braley and Charles Webb spoke regarding concerns with the City's maintenance of vacant homes and the demolition of homes for the Centennial Corridor Project. d. The following individuals spoke regarding their Government class community service project on the possibility of placing recycling bins and implementing a recycling program at City Parks: Nick Goetjen; Ryan Morosa; and Prolon Fandialan. Councilmember Smith requested the Community Services Committee examine what Opportunities there are for recycling in City parks. Bakersfield, California, April 20, 2016 - Page 5 6. WORKSHOPS ACTION TAKEN a. Economic Opportunity Area Plan and three Economic Opportunity Areas: 1. Resolution establishing Downtown RES O48 -ib Economic Opportunity Area, 2. Resolution establishing Airport Economic RES 049-16 Opportunity Area. 3. Resolution establishing Highway 58 /Mt, RES 050 -16 Vernon Economic Opportunity Area. Community Development Director Mclsaac made staff comments and provided a PowerPoint presentation. Councilmember Maxwell requested staff meet with him to discuss how the Downtown Economic Opportunity Area will be implemented. Councilmember Rivera requested staff revisit the Economic Opportunity Areas Plan during the next mid -year budget update with the Council and assess any changes in tax increments. Motion by Councilmember Weir to approve APPROVED staff's recommendation and adopt the AS SULLIVAN Resolutions. 7. APPOINTMENTS a. One appointment to the Planning Commission due to the expiration of term of Jeffrey Tkac (Ward 6), whose term expires April 30, 2016. City Clerk Gafford announced that one application was received from incumbent, JeffreyTkac. Motion by Councilmember Weir to re- appoint APPROVED Jeffrey Tkoc to the Planning Commission, term AS SULLIVAN to expire April 30, 2020. b. One appointment to the Kern River Groundwater Sustainability Agency (KRGSA). Motion by Councilmember Weir to appoint APPROVED Vice -Mayor Hanson to the Kem River AS SULLIVAN Groundwater Sustainability Agency. 2528 251 Bakersfield, California, April 20, 2016 -Page 6 8. CONSENT CALENDAR ACTION TAKEN Minutes: a. Approval of minutes of the March 30, 2016, Regular City Council Meetings. Payments: b. Receive and file department payments from March 18, 2016 to April 7, 2016 in the amount of $18,025,256.60 Self Insurance payments, from March 18, 2016 to April 7, 2016 In the amount of $539,576.46 totaling $18,564,833.06. Ordinances: Resolutions: C. Resolution approving a Records Retention RES 051.16 Schedule for all Departments of the City of Bakersfield. d. Resolution approving an application to the Kern RES 052.16 County Local Agency Formation Commission to ] annex uninhabited territory into the City J identified as Annexation No. 661 located along the north side of Ming Avenue, on the east and west sides of Baldwin Road. e. Resolution to form a Traffic Signal Maintenance RES 0.53.16 District designated as TS -25 (northwest corner of Allen Road and Brimholl Road) and approving, confirming, and adopting the Public Works Director's Report. f. 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 -100 (3009 McKee Road) RES 054 -16 2. Area 5-81 (2415 Hughes Lane) RES 055 -16 3, Area 5-82 (southwest corner of Chevalier RES 056.16 Road & Taft Highway) 7 Bakersfield, California, April 20, 2016 - Page 7 8. CONSENT CALENDAR continued g. 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. 1879 to add Area 3 -101 (5001 Lisa Marie Court) - Ward 6 2. ROI No. 1880 to add Area 4 -144 (Ralston Street & Dr. Martin Luther King, Jr. Boulevard) -Ward 1 & ROI No. 1881 to add Area 4 -145 (2115- 2125 18- Street) - Ward 2 4. ROI No. 1882 to add Area 4 -146 (901 18th Street) -Ward 2 h. Resolution of Intention (ROO No. 1883 to form Traffic Signal Maintenance District designated as TS -26 (northwest corner of Morning Drive & Highland Knolls Drive) and preliminarily approving, confirming, and adopting the Public Works Director's Report. Agreements: I. Final Map and Improvement Agreement with K. Hovnanian Four Seasons at Bakersfield, LLC for Tract 6444 Phase 8 located north of Panorama Drive and east of Vineland Road. j. Final Map and Improvement Agreement with Sierra Oaks Partners, LLC for Tract 7246, Phase 1, located south of White Lane and west of Buena Vista Road. k. Final Map and Improvement Agreement with Sierra Oaks Partners, LLC for Tract 7246, Phase 2, located south of White Lane and west of Buena Vista Road, I. Final Map and Improvement Agreement with Sierra Oaks Partners, LLC, for Tract 7254 located south of White Lane and east of Windermere Street. ACTION TAKEN R01 1879 R01 1880 R01 1881 R01 1882 Rol 1883 AGR 16 -065 AGR 16 -066 AGR 16.067 AGR 16 -068 2530 5 31 Bakersfield, California, April 20, 2016 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN M. Final Map and Improvement Agreement with AGR 16 -069 Castle & Cooke California, Inc. for Tract 7257 J Phase 2 located south of Ming Avenue and west of Allen Road. n. Amendment No. 1 to Agreement No. 13 -041 AGR 13- 041(1) with Public Agency Retirement Services (PARS) to extend term of the agreement until April 19, 2019 for administrative and custodial services regarding the City's Retiree Medical Irrevocable Trust. o. Amendment No. 4 to Agreement No. 13 -045 AGR 13. 045(4) with Solenis, LLC ($500,000; revised not to exceed $2,200,000 and extend term one year to April 30, 2017) to provide dewatering polymer for Plant No. 3. p. Contract Change Order No. 1 to Agreement AGR 15 -287 No. 15-287 with Pacific Aquascape Inc. CCO 1 ($11,916.37; revised not to exceed $396,016.37), for the Centennial Plaza Fountain Replacement Project. Property Acquisition Agreements - TRIP: q. Agreement with Alex and Ann Chernabaeff AGR 16.070 ($248,000) to purchase real property located at DEED 8411 4412 Marella Way for the Centennial Corridor Project. r. Agreement with Anthony Chau ($145,000) to AGR 16 -071 purchase real property located at 15 Morrison DEED 8412 Street for the Centennial Corridor Project. s. Agreement with Jerry and Jean Pledger AGR 16 -072 ($325,000) to purchase real property located at DEED 8413 3227 Belle Terrace Avenue for the Centennial Corridor Project (TRIP). t. Agreement with Pierce Family Trust ($190,000) to AGR 16 -073 purchase real property located at 209 South DEED 8414 Garnsey Avenue for the Centennial Corridor Project. Bakersfield, California, April 20, 2016 — Page 9 8. CONSENT CALENDAR continued U. Accept bid and approve contract with 5M L Contracting, Inc. ($130,600.00), for demolition of improvements at 25 Williamson Way and 3403 Stockdale Highway for the Centennial Corridor Project. (County) (TRIP). V. Accept bid and approve contract with Interior Demolition, Inc. ($310,000.00), for demolition of improvements at 1 Morrison Street, 2 Morrison Street, 19 Morrison Street, 22 Morrison Street, 26 Morrison Street, 101 Morrison Street, 113 Morrison Street, 117 Morrison Street. 121 Morrison Street, 18 Dunlap Street, 112 Dunlap Street, 113 Dunlap Street, 116 Dunlap Street, 117 Dunlap Street, 120 Dunlap Street, 121 Dunlap Street, 125 Dunlap Street and 129 Dunlap Street for the Centennial Corridor Project. (TRIP) W. Accept bid and approve contract with Interior Demolition, Inc. ($400,000.00), for demolition of improvements at 4212 La Mirada Drive, 4220 La Mirada Drive, 4221 La Mirada Drive, 4225 La Mirada Drive, 4229 La Mirada Drive, 4233 La Mirada Drive, 4301 La Mirada Drive, 4305 La Mirada Drive, 4312 La Mirada Drive, 4313 La Mirada Drive, 4317 La Mirada Drive, 4400 La Mirada Drive, 4401 La Mirada Drive, 4404 La Mirada Drive, 4405 La Mirada Drive, 4408 La Mirada Drive and 4417 La Mirada Drive for the Centennial Corridor Project (TRIP). X. Accept bid and approve contract with Interior Demolition, Inc. ($264,000.00), for demolition of improvements at 4200 Hillsborough Drive, 4212 Hillsborough Drive, 4216 Hillsborough Drive, 4300 Hillsborough Drive, 4304 Hillsborough Drive, 4307 Hillsborough Drive, 4401 Hillsborough Drive, 4404 Hillsborough Drive, 4408 Hillsborough Drive and 4412 Hillsborough Drive for the Centennial Corridor Project (TRIP). I ?532 ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION 2533 17 Bakersfield, California, April 20, 2016 - Page 10 CONSENT CALENDAR continued Bids: Accept bid from Pro Grade Iron, LLC ($173,472.75) for the purchase of one replacement articulated four wheel drive loader for use by the Water Resources Department. Accept bid from CherryStonelT, Incorporated in the amount of $131,146.41 for replacement Dell® PowerEdgeT- servers for the Information Technology Division, ca. Mohawk Street Improvements: Siena Lane to Hageman Road project: 1. Accept bid and approve contract to Griffith Company ($1,494,941.00) for said project. 2. Appropriate $193,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement budget. 3. Appropriate $141,438 developer share of project cost to the Public Works Department's Capital Improvement budget within the Transportation Development Fund. ab. Accept bid and approve contract with Hur Flooring Company ($102,880) for gym floor replacement at Dr, Martin Luther King, Jr. Community Center. ac. Purchase of street sweepers: Accept bid from Mar -Co Equipment Company in the amount of $748,660.10 for two replacement air broom street sweepers with high dump capabilities for use by the Public Works Department, Streets Division. 2. Transfer and appropriate $109,000 Refuse Fund Balance to the Equipment Management Fund, ACTION TAKEN ASS WEIR AGR 16 -078 AGR 16 -079 J k Bakersfield, California, April 20, 2016 — Page 11 '? 5'1 4 8. CONSENT CALENDAR continued ACTION TAKEN Miscellaneous: ad. Miscellaneous Appropriations. 1. Appropriate $7,500 grant from Kern County Tourism Promotion Grant Program to the CVB Operating Budget within the Transient Occupancy Tax Fund for the Bakersfield Museum Trail project; and 2. Appropriate $9,975 grant from the Bakersfield Californian Foundation to the CVB Operating Budget within the Transient Occupancy Tax Fund for the AttTrek project. ae. Appropriate $31,500 from Kaiser Permanente Southern California Fund grant revenues to the Recreation and Parks Operating Budget within the General Fund to provide swim lessons and passes to children and adults (Operation Splash). Successor Agency Business: of. Receive and file Successor Agency payments from March 18, 2016 to April 7, 2016 in the amount of $2,775,975.00. Councilmember Weir announced that he would abstain, due to a conflict of interest, client is a source of income, on item 8.y. Councilmember Maxwell requested items 8.u., 8.v., 8.w., and 8.x. be removed for separate consideration. Motion by Councilmember Weir to adopt Consent APPROVED Calendar items 8.0. through 8.aff with the removal of AB SULLIVAN items 8.u., 8.v., 8.w., and 8.x, for separate consideration. l� ?535 Bakersfield, California, April 20, 2016 - Page 12 8. CONSENT CALENDAR Continued ACTION TAItEN U. Accept bid and approve contract with 5M AGR 16 -074 Contracting, Inc. ($130,600.00), for demolition of improvements at 25 Williamson Way and 3403 Stockdole Highway for the Centennial Corridor Project. (County) (TRIP). V. Accept bid and approve contract with Interior AGR 16 -075 Demolition, Inc. ($310,000.00), for demolition of improvements at 1 Morrison Street, 2 Morrison Street, 19 Morrison Street, 22 Morrison Street, 26 Morrison Street, 101 Morrison Street, 113 Morrison Street, 117 Morrison Street, 121 Morrison Street, 18 Dunlap Street, 112 Dunlap Street, 113 Dunlap Street, 116 Dunlap Street, 117 Dunlap Street, 120 Dunlap Street, 121 Dunlap Street, 125 Dunlap Street and 129 Dunlap Street for the Centennial Corridor Project. (TRIP) W Accept bid and approve contract with Inferior AGR 16 -076 Demolition, Inc. ($400,000.00), for demolition of improvements a14212 La Mirada Drive, 4220 La Mirada Drive, 4221 La Mirada Drive, 4225 La Mirada Drive, 4229 La Mirada Drive, 4233 La Mirada Drive, 4301 La Mirada Drive, 4305 La Mirada Drive, 4312 La Mirada Drive, 4313 La Mirada Drive, 4317 La Mirada Drive, 4400 La Mirada Drive, 4401 La Mirada Drive, 4404 La Mirada Drive, 4405 La Mirada Drive, 4408 La Mirada Drive and 4417 La Mirada Drive for the Centennial Corridor Project (TRIP). Accept bid and approve contract with Interior AGR 16 -077 Demolition, Inc. ($264,000.00), for demolition of improvements at 4200 Hillsborough Drive, 4212 Hillsborough Drive, 4216 Hillsborough Drive, 4300 Hillsborough Drive, 4304 Hillsborough Drive, 4307 Hillsborough Drive, 4401 Hillsborough Drive, 4404 Hillsborough Drive, 4408 Hillsborough Drive and 4412 Hillsborough Drive for the Centennial Corridor Project (TRIP). J Bakersfield, California, April 20, 2016 - Page 13 B. CONSENT CALENDAR continued ACTION TAKEN City Attorney Gennaro responded to questions by Councilmember Maxwell; and stated for the record, Caltrans is the lead on this project when it comes to the legality of the situation; she has spoken with Caltrans Legal Attorney Judith Carlson, and they agree that this project should continue and be treated in the same manner that any other development project in the City of Bakersfield has operated under. Motion by Councilmember Maxwell to adopt APPROVED Consent Calendar item 8.U., 8.v., 8. w., and 8.x. AB SULLIVAN 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider Action Plan Amendments to U.S. Department of Housing and Urban Development (HUD) Action Plan - FYI 1/12 Amendment No, 6, FYI 2/13 Amendment No. 8, and FY 13/14 Amendment No, 5: 1. Transfer funds from New Construction Assistance to create Rehabilitation of Multi- Family Residential project ($1,500,000 HOME); 2. Transfer funds from New Construction Assistance to create Chardonnay Homebuyer Assistance project ($300,000). b. Public Hearing to consider a resolution RES 057 -16 approving the issuance of tax exempt revenue bonds by the California Municipal Finance Authority for the Kern Regional Center Project, In an aggregate principal amount not to exceed $18,000,000 for the purpose of financing and refinancing the acquisition, rehabilitation, improvement and equipping of office buildings and certain other matters relating thereto. I ?536 ?537 Bakersfield, California, April 20, 2016 - Page 14 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN C. Public Hearing to consider General Plan Amendment /Zone Change No, 15 -0385; McIntosh & Associates, representing Old River & Panama, -l-C, the property owner, has applied for a general plan amendment and zone change on 11.88 acres located at the southwest corner of Panama Lane and Old River Road, 1. Resolution adopting a Negative RES 058 -16 Declaration with Mitigation Measures. 2. Resolution approving the general plan RES 059-16 amendment to change the land use designation from LR (Low Density Residential) to GC (General Commercial) on 11.88 acres, subject to conditions of approval. J 3. First reading of an ordinance amending FR the Official Zoning Map In Title 17 of Municipal Code by changing the zone district from R -1 (One Family Dwelling) to C-2 (Regional Commercial) on 11.88 ] acres. J d. Public Hearing To consider General Plan Amendment /Zone Change No. 15 -0506; Bolthouse Properties, -l-C, representing City of Bakersfield, the property owner, has applied for a general plan amendment and zone change on 40,419 square feet located at 1301 Buena Vista Road on the west side of Buena Vista Road, approximately 700 feet north of Ming Avenue. l . Resolution approving the general plan RES 060.16 amendment to change the land use designation from OS -P (Parks and Recreation) to GC (General Commercial) on approximately 40,419 square feet, subject to conditions of approval. J ?538 Bakersfield, California, April 20, 2016 — Page 15 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN rr ITEM 9.d. CONTINUED ■ 2. First reading of an ordinance amending FR ` the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R -2 (Limited Multiple Family Dwelling) to C -2 (Regional Commercial) on approximately 40,419 square feet. e. Public Hearing to consider General Plan Amendment /Zone Change No, 15 -0507; Dirk Poeschel, representing Rio Bravo Medical Campus, LLC, the property owner, has applied for a general plan amendment and zone change on 10.8 acres located on the south side of State Route 178, generally west of Morning Drive, 1. Resolution adopting a Negative RES 061 -16 Declaration with Mitigation Measures, 2. Resolution approving the general plan RES 062 -16 amendment changing the land use designation from LR (Low Density Residential) and HMR (High Medium Density Residential) to GC (General Commercial) on approximately 10.8 acres, subject to conditions of approval. First reading of ordinance amending the FR Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R -1 (One Family Dwelling) and R-2 (Limited Multiple Family Dwelling) to C -2 (Regional Commercial) on approximately 10.8 acres. Consent Calendar Hearings opened at 6:33 p.m. No one spoke. Consent Calendar Hearings closed at 6:34 p.m. Motion by Councilmember Weir to adopt Consent APPROVED Calendar Public Hearing items 9.a. through 9.e. AB SULLIVAN ^539 Bakersfield, California, April 20, 2016- Page 16 10. HEARINGS ACTION TAKEN a. General Plan Amendment /Zone Change No. 15 -0363; and Appealed PD Review No, 15 -0364. Ian Ellis representing Aurora Borealis Development, LLC, the property owner, has applied for: (1) a general plan amendment and zone change on 9.975 acres; (2) a zone change on 10.86 acres; and (3) a Planned Zone Development Review for a 112,000- square foot assisted living /memory care facility in a C -1 -HD /PCD, on property located along the east side of Alfred Harrell Highway, generally south of Old Walker Pass Road. 1. Resolution adopting a Negative RES063 -16 Declaration, with Mitigation Measures. 2. Resolution approving the general plan RES 064 -16 amendment changing the land use designation from LR (Low Density Residential) and OS -S (Open Space - Slopes) to GC (General Commercial) on 9.975 acres, subject to conditions of approval. 3. First reading of the ordinance amending FR the Official Zoning Map In Title 17 of the Municipal Code for a change In zone district from R -1 -HD (One Family Dwelling - Hillside Development Combining) to C -1- HD /PCD (Neighborhood Commercial - Hillside Development Combining/ Planned Commercial Development) on 9.975 acres; and a change in zone district from R -1 (One Family Dwelling) to R -1 -HD (One Family Dwelling - Hillside Development Combining) zone on 10.86 acres. 4. Resolution denying the appeal of the RES065 -16 Planning Commisslon's decision and approving a Planned Development Review for a 112,000- square foot assisted living /memory care facility in a C -1 -HD /PCD (Neighborhood Commercial - Hillside Development Combined/ Planned Commercial Development) zone district at 7101 Allegheny Court, shown on Exhibit B. Bakersfield, California, April 20, 2016 - Page 17 7540 10. HEARINGS continued �". City Clerk Gafford announced a staff ■i1 memorandum was received correcting the square footage of the proposed facility from 12,000 square feet to 112,000 square feet, and transmitting additional correspondence from four individuals in opposition of the staff recommendation. Community Development Director Mclsoac made staff comments and provided a PowerPoint presentation. Hearing opened at 6:47 p.m. The following individuals spoke in opposition to the staff recommendation: Mark Magargee; Dave Thomas; Brian Gatschet; and Rick Krelser Ian Ellis, representing the property owner, Aurora Borealis Development, LLC spoke in support of the staff recommendation. Hearing closed at 7:03 p.m. ACTION TAKEN Motion by Councilmember Weir to approve APPROVED staffs recommendation and approve Hearing A6 SULLIVAN item 10.a., with the additional condition that a soil study be performed to determine the potential for release of Valley Fever spores when grading for the project. Vice -Mayor Hanson recessed the meeting at 7:21 p.m. and reconvened the meeting at 7:32 p.m. 11. REPORTS a. Status report regarding City owned property on P/Q Streets. City Clerk Gafford announced correspondence was received from Gregory D. Bynum regarding the City -owned property on the northeast corner of California Avenue and P and Q Streets, City Manager Tandy made staff comments and provided a PowerPoint presentation. ?54i 12. 13. 14. Bakersfield, California, April 20, 2016 - Page 18 REPORTS continued ACTION TAKEN Motion by Councilmember Maxwell to direct staff to review the first Letter of Intent for legal requirements and move forward with the sale of the property. City Attorney Gennaro advised Councilmember Maxwell there has been substantial negotiation between the November 2, 2015 Letter of Intent and the most recent Letter of Intent; and recommended he make a motion to eliminate the P.C.D. requirement and use the current Letter of Intent instead. Councilmember Maxwell amended his motion to FAILED direct staff to use the most recent Letter of Intent, NS WEIR, SMITH, remove the P.C.D. requirement, and provide a letter HANSON, PARLIER of apology to Kem Health Systems regarding the sale of the City -owned property on P/Q Sheets. DEFERRED BUSINESS None. NEW BUSINESS None. COUNCIL AND MAYOR STATEMENTS Councilmember Smith commented on the fountain nearing completion in front of the Rabobank Arena and thanked staff for doing a great job. Councilmember Smith stated they are very blessed to have great and professional staff; and is looking forward to the Employee Appreciation Breakfast coming up that Mayor Hall has generously sponsored. Councilmember Parker said he had the honor and Privilege to attend a fundraiser for the 9111 Memorial Crab FesY stated staff, colleagues and Congressman McCarthy were in attendance; Fire Chief Greener Provided a presentation on the beam they received from the World Trade Center, • and requested Fire Chief Greener provide the same presentation to the Council before the beam is resurrected between Fire Station 15 and the Bakersfield Westside Substation. J J Bakersfield, California, April 20, 2016 —Page 19 '154C 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Maxwell stated his vehicle's window was smashed, on Monday night while he was closing at The Mark restaurant this is the third time that this has occurred in the area in a short fine; and requested staff look into increasing the number of police officers, 20 a year for 5 years, during the budget review each year. Councilmember Parlier commented on Councilmember Maxwell's request and stated the South Substation was reopened last spring, after an eight year closure, and has substantially reduced response times in the area; and thanked staff for their effort in the reopening of the station to help reduce crime. Vice -Mayor Hanson requested staff receive input from the Council and schedule a Council retreat to focus on City finances and budget. 15. ADJOURNMENT Vice -Mayor Hanson adjourned the meeting at 8:34 p.m. MAYOR of the City of Bakers eld, CA ATTEST: CITY CLERK and Ex Offl Clerk of the Council of the City of Bakersfield I 5 a Bakersfield, California, April 20, 2016- Page 20 = "THIS PAGE INLENTIMAILY LEFT BIAW =t j II j