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Home My WebLink About11/16/16 CC MINUTES4 A " BAKERSFIELD CITY COUNCIL MINUTES m MEETING OF NOVEMBER 16, 2016 eo 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: Mayor Hall, Vice -Mayor Hanson, Councilmembers Rivera, Maxwell, Weir (seated at 3:32 p.m.), Smith, Parller Absent: Councilmember Sullivan 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None, 4. CLOSED SESSION a. Public Employee Performance Evaluation — City Attorney; Closed Session pursuant to Government Code section 54957(b)(1) / 54957.6. b. Conference with Legal Counsel — Existing Litigation; Closed session pursuant to Government Code section 54956.9(d)(1) regarding City of Bakersfield v. All Persons Interested in the Matter, etc. (West Park Home Owners Association, KCSC Case No. S- 1500-CV- 280593; 5TM D.C.A. No. F071869. Motion by Vice -Mayor Hanson to adjourn to Closed APPROVED Session at 3:31 p.m. AS SULLIVAN Motion by Councilmember Rivera to adjoum from APPROVED [ Closed Session at 4:25 p.m. AS SULLIVAN LMeeting reconvened of 5:05 p.m. i t J Bakersfield, California, November 16, 2016 - Page 2 S. CLOSED SESSION ACTION ACTION TAKEN a. Public Employee Performance Evaluation — COMPLETED- City Attorney; Closed Session pursuant to FAVORABLE Government Code section 54957(b)(1) / EVALUATION 54957.6. Vice -Mayor Hanson announced the majority of the Council rated City Attorney Gennaro above average to outstanding; thanked her for her years of service and looks forward to many more years of her work with the City. b. Conference with Legal Counsel — Existing NO REPORTABLE Litigation; Closed session pursuant to ACTION Government Code section 54956.9(d)(1) regarding City of Bakersfield v. All Persons Interested in the Matter, etc. (West Park Home Owners Association, KCSC Case No. S- 1500-CV- 280593; 5' D C.A. No. F071869. 6. ADJOURNMENT Mayor Hall adjourned the meeting at the City of Bakersfield, ATTES�,T�:: / Y " CITY CLERK and Ex Offi io Clerk of the Council of the City of Bakersfield J J Bakersfield, California, November 16, 2016 —Page 3 716 REGULAR MEETING -5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Hanson, Councilmembers Rivera, Maxwell, Weir, Smith, Parlier Absent: CouncllmemberSullivan 2. INVOCATION by Skyler Blair, 9th grade student at Bakersfield Christian High School. 3. PLEDGE OF ALLEGIANCE by siblings Aaldan Martinez 3rd grade student at Berkshire Elementary School and Aleena Martinez pre - school student at Ridgevlew Christian Pre - school, Mayor Hall acknowledged students from the Bakersfield College Political Science class in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation of a Proclamation by Mayor Hall to John Spaulding, and Corinna Pereira, of the Building Trades Council, declaring November 14 -20, 2016, National Apprenticeship Week in Bakersfield. Mr. Spaulding and Ms. Pereira accepted the Proclamation and made comments. b. Presentation of a plaque by Mayor Hall on behalf of Keep Bakersfield Beautiful, to Phil Klassen, of Klassen Corporation, honoring the company's beautification efforts. Mr. Klassen accepted the plaque and made comments. C Presentation of Certificates of Appreciation by REMOVED BYSTAFF Mayor Hall to the Nell Sidhu Family for sponsoring Freeway Cleanup Teams as well as the two Community Gardens. I ti 4. 5. 9 7. Bakersfield, California, November 16, 2016 - Page 4 PRESENTATIONS continued ACTION TAKEN 11 d. Presentation of a Proclamation by Councilmember Parlier to Mandeep Singh Chahal declaring November, 2016, Sikh Appreciation and Awareness Week In Bakersfield. Mr. Chahal accepted the Proclamation and made comments. PUBLIC STATEMENTS a. Mike Olcott, Chairman of the Convention and Visitors Bureau, spoke in support of Consent Calendar item 8.m, an agreement between the Greater Bakersfield Convention and Visitors Bureau and the City; and thanked the Council and staff for their continued support. b. David Abassi spoke in support of the medical cannabis initiative. WORKSHOPS a. Keep Bakersfield Beautiful Committee Update. J Public Works Director Fidler made staff comments. Solid Waste Superintendent Moretti and Brooks Douglas, Keep Bakersfield Beautiful Committee Chair, made comments and provided a PowerPoint presentation. APPOINTMENTS a. Appointment of one (1) Regular Committee Member to the Bakersfield Youth Commission to serve a two-year term expiring 2018. City Clerk Gafford announced one application for appointment was received from Luke Jorge Garcia. Motion by Councilmember Rivera to appoint Luke APPROVED Garcia to the Bakersfield Youth Commission to serve a AB SULLIVAN two -year term expiring 2018. 1 Bakersfield, California, November 16, 2016 - Page 5 7 t 9 8. CONSENT CALENDAR ACTION TAKEN Minutes: a. Approval of minutes of the November 2, 2016, Regular City Council Meetings. Payments: b. Receive and file department payments from October 21, 2016 to November 2, 2016 In the amount of $8,443,161.43, Self Insurance payments from October 21, 2016 to November 2, 2016 in the amount of $241,791.87, totaling $8,684,953.30. Ordinances: FR C. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from an R -1 (One - Famlly Dwelling) zone to R -2 (Limited Multi - Family Dwelling) zone, or a more restrictive district on 14.61 acres. A proposed Negative Declaration will also be considered. (ZC # 16- 0197 - East Panama LLC, property owner) (Ward 1) d. First reading of ordinance amending the FR Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from City R- S-5A (Residential- Suburban - 5 acre minimum lot size) to City R -1 (One Family Dwelling) on approximately one acre located along the south side of Norris Road, generally east of Calloway Drive. A finding that the project is exempt from the California Environmental Quality Act will also be considered. (ZC # 16- 0066- Smith Efada, property owner) (Ward 3 Upon Annexation). e. First reading of ordinance amending the FR Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from A (Agriculture) to M -2 (General Manufacturing) zone on 1.15 acres, located along the south side of Rosedale Highway, approximately 500 feet west of Patton Way. A finding that the project is exempt from the California Environmental Quality Act will also be considered. (ZC# 16 -0232, Porter & Associates, Inc. representing ThuHoa Thi Nguyen and Mau Thanh Vu, property owners). .'719 8. Bakersfield, California, November 16, 2016— Page 6 CONSENT CALENDAR continued ACTION TAKEN Resolutions: f. City Clerk Certification of Medical Cannabis Initiative: 1. Resolution of the City Council of the City RES 181 -16 of Bakersfield Accepting the Certification of the City Clerk as to the Sufficiency of the Initiative Petition Entitled "Medical Cannabis Initiative." 2. Resolution of the City Council of the City RES 182 -16 of Bakersfield submitting the ordinance, without alteratlon, to the voters pursuant to subdivision (b) of Section 1405 of the California Elections Code. g. Resolution determining that E.J. Ward, Inc., RES 183 -16 automated fueling systems, parts, and services cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bldding; therefore, purchase E.J. Ward, Inc., automated fueling systems, parts and services from E.J. Ward, Inc., not to exceed $210,000 over a J three -year term. h. Resolution determining that certain Elgin RES 184 -16 Sweeper Company equipment parts cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore and purchase certain Elgin Sweeper Company Equipment parts through Hanker Equipment Company, not to exceed $345,000 over a three year term. I. Sewer connection and construction fee assessment for 7508 Kimberly Avenue: I . Resolution confirming assessments for RES 186.16 sewer connection and construction and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Richard P and Jonella L AGR 16 -249 Steiger to pay sewer connection and constructlon fees through the Kern County Tax Collector. Bakersfield, California, November 16, 2016 — Page 7 8. CONSENT CALENDAR continued ACTION TAKEN j. Resolution to add Area 2 -64 (3301 Wible Road) RES 186 -16 to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report. k. Resolution of Intention (ROI) No. 1906 to add ROI 1906 Area 4 -159 (2516 Palm Street) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. Agreements: I. Agreement with Provost & Pritchard Consulting AGR 16 -250 Group (not to exceed $700,800), for engineering services associated with water system improvements for TCP mitigation. M. Agreement with the Greater Bakersfield AGR 16 -251 Convention and Visitors Bureau. n. Fire Department Training Agreements: 1. Agreement for Instructional services AGR 16 -252 between the Kern Community College District, City of Bakersfield, and County of Kern. 2. Memorandum of Understanding to AGR 16 -253 maintain, upgrade, and operate the Olive Drive Fire Training Facility (City of Bakersfield - County of Kern - Kern Community College District), 3. License Agreement - Olive Drive Fire AGR 16 -254 Training Facility (City of Bakersfield - County of Kern - Kern Community College District). o. Agreement with Stantec Consulting Services, AGR 16 -255 Inc., to process U.S. Environmental Protectlon Agency (EPA) Brownflelds Program grant applications and provide implementation assistance. P. Agreement with Acclamation Insurance AGR 16 -256 Management Services (not to exceed $1, 746, 702) for workers' compensation claims management services. '72i) "721 8. Bakersfield, California, November 16, 2016 - Page 8 CONSENT CALENDAR continued ACTION TAKEN q. Agreement with Gregory D. Bynum & AGR 16.257 Associates, Inc. ($124,000) to purchase real DEED 8538 property located at 3333 Truxtun Avenue for the U. Truxtun /Oak Widening Project. AGR 16 -262 r. Final Map, Improvement Agreement, and AGR 16 -258 Landscape Improvement Agreement with AGR 16 -259 Summit Capital Ventures, Inc. and John Balfanz Homes, Inc. for Tract 6825 Phase 1, located removal, and troubleshooting of electronic units west of Old River Road and north of Berkshire Road. S. Final Map, Improvement Agreement, and AGR 16 -260 Landscape Improvement Agreement with AGR 16 -261 Summit Capital Ventures, Inc. and John Balfanz Homes, Inc. for Tract 6853 Phase 3 located $5,000,000 and extend term one year) to east of Calloway Drive and north of Langley Road. 1. Amendment No. 3 to Ground Lease Agreement AGR 92. 255(3) No. 92 -255 with Bobby Baker assigning Hangar Space Al to Mark Mando and Mary Sawyer. U. Amendment No. 1 to Agreement No. PW15 -239 AGR 16 -262 with Blackhole Technologies, Inc., ($10,000; revised not to exceed $50,000) for installation, removal, and troubleshooting of electronic units on various City -owned equipment. V. Amendment No. 1 to Agreement No. 15 -322 AGR 15- 322(1) with IPC USA ($2,500,000; revised not to exceed $5,000,000 and extend term one year) to continue The supply of bulk gasoline fuel. W. Amendment No. 1 to Agreement No. 15 -323 AGR 15. 323(1) with SC Fuels, ($1,250,000; revised not to exceed $2,500,000 and extend term one year) to continue the supply of partial load gasoline and diesel fuels. X. Amendment No. 1 to Agreement No, 15 -324 AGR 15. 324(1) with California Fuels & Lubricants, ($250,000; revised not to exceed $1,000,000 and extend Term one year) to continue the supply of bulk diesel fuel. Bakersfield, California, November 16, 2016 — Page 9 7 2 8. CONSENT CALENDAR continued ACTION TAKEN y. Amendment No. 2 to Agreement No. 14 -309 with the Bakersfield Homeless Center (not to exceed $215,280 annually, for a one year term) for the sorting of green waste material at the Mount Vernon Green Waste Recycling Facility. Z. Amendment No. 1 to Agreement No. 15-206 ($13,040; revised not to exceed $220,040 and extend term by six months) with NCE for the Pavement Management System. aa. Contract Change Order No. 1 to Agreement 16-079 with HUR Flooring Company ($12,136.63; revised not to exceed $115,016.63) for the Dr. Martin Luther King, Jr. Community Center Gym Floor Project. ab. Change Order No. 6 to Agreement No. 16-017 with Crosstown Electrical & Data, Inc., ($21,507.13; revised not to exceed $404,144.58) for the construction of the Traffic Signal Synchronization - Part 5 Project. ac. Contract Change Order No. 4 and 7 to Agreement No. 15 -260 with Security Paving Company ($104,189.30; revised not to exceed $6.399.847.30; Change Orders funded with State Highway Operational and Protection Program (SHOPP)funds (100 %)) for the State Route 99 at State Route 58 (Rosedale Highway) Off Ramp Improvement Project. (TRIP) ad. Rosedale Highway Widening Project (TRIP): 1. Change Order No. 74 and 77 to Agreement No. 15-009 with Teichert Construction ($31,423.72; revised not to exceed $18,341,357.41; Change Orders funded with Gas Tax Funds) for construction of said project. 2. Transfer $32,000 Gas Tax savings from the PG &E Tower Relocation on Westside Parkway Project to the Rosedale Widening project to fund change orders. REMOVED FOR SEPARATE CONSIDERATION AGR 15- 206(1) AGR 16 -079 CCO 1 AGR 16 -017 CCO 6 AGR 15 -260 CCO 4, CCO 7 AGR 15.009 CCO 74, CCO 77 71, Bakersfield, California, November 16, 2016 - Page 10 8. CONSENT CALENDAR continued ACTION TAKEN Property Acquisition Agreements - TRIP: 1 ae. Agreement with Teodulo and Virginia Ortiz AGR 16 -263 J ($180,000) to purchase real property located at DEED 8539 4304 Joseph Drive for the Centennial Corridor Project. Bids: of. Reject bids for Purchase and Installation of Community Development Block Grant (CDBG) Funded Shade Structures at Beale, Wilson, and Stiern Parks. ag. Accept bid and approve contract to Clean AGR 16 -264 Energy ($500,000) for the annual contract to supply liquid natural gas (LNG) fuel. ah. Accept bid and approve contract with AGR 16.265 Rotational Molding, Inc. ($427,200), for tan refuse containers, green waste containers, and blue recyclable containers. ai. Accept bid and approve contract with West AGR 16 -266 Coast Community Builders ($2,131,477) for construction of Creekview Villas Condominium Project at 1300 R Street. aj. Accept bid and approve contract with Cen- AGR 16.267 Cal Construction ($248,727.50) for the Sidewalk Improvements for Frank West Elementary project. ak. Accept bid and approve contract with JTS AGR 16 -268 Construction ($547,500) for the Amtrak Parking Lot Improvements Project. al. Amtrak Solar Project: I . Accept base bid and Additive AGR 16 -269 Alternates No. 1, 2, and 3 and approve contract with A -C Electric Company ($1,267,510) for construction of said project. Bakersfield, California, November 16, 2016 — Page 11 B. CONSENT CALENDAR continued ACTION TAKEN ITEM 8.al. CONTINUED 2. Appropriate $300,380 Proposition 1 B Transit System Safety, Security and Disaster Response Account (TSSSDRA) funds to the Public Works Department's Capital Improvement Budget within the Proposition 1 B Fund to fund safety Improvements relating to said project. 3. Appropriate $125,000 Transportation Development Act Article 4 funds to the Public Works Department's Capital Improvement Budget within the Amtrak Operating Fund for said project. Miscellaneous: am. Appropriate $20,000 Fire Trust - Hazmat Penalty Funds to the Certified Untied Program Agency (CUPA) Fund Operating Budget for a Temporary Data Entry Clerk and the purchase of Fire Code Reference Manuals. an. Transportation Development Act - Article 3 (FDA 3) Grant Funds: Appropriate $132,450 in TDA 3 grant funds to the Public Works Department's Capital Improvement Budget wlthin the Bikeway and Pedestrian Pathway Fund for the following projects: Bicycle Lanes and Routes in the Bakersfield College Area; Bicycle Parking Racks at Various Locations; and Bicycle Safety Awareness Education and Outreach. 2. Appropriate $10,745 in Capital Outlay Fund Balance to the Public Works Department's Capital Improvement Budget within the Capital Outlay Fund. ao. Fiscal Year 2015 -2016 Annual Compliance Report for Park Impact Fees prepared in accordance with California Government Code §66006. '7 i ,5 Bakersfield, California, November 16, 2016- Page 12 8. CONSENT CALENDAR continued ACTION TAKEN op. Gas Tax Audit Report for the fiscal year ended June 30, 2015. aq. Police Department Command Staff REMOVED FOR Reorganization. SEPARATE CONSIDERATION Successor Agency Business: City Clerk Gafford announced a staff memorandum was received regarding item 8.ai., transmitting additional appropriation language to the administrative report for the project. Councilmember Parlier requested items 8.y. and 8.oq. be removed for separate consideration. Motion by Vice -Mayor Hanson to adopt Consent APPROVED Calendar items 8.a. through 8.aq., with the removal of AB SULLIVAN items 8.y. and 8.aq. for separate consideration. y. Amendment No. 2 to Agreement No, 14 -309 AGR 14- 309(2) with the Bakersfield Homeless Center (not to exceed $215,280 annually, for a one year term) for the sorting of green waste material at the Mount Vernon Green Waste Recycling Facility. Motion by Councilmember Parlier to adopt APPROVED Consent Calendar item 8.y. AB SULLIVAN ac. Police Department Command Staff Reorganization. Motion by Councilmember Parlier to adopt APPROVED AB SULLIVAN Consent Calendar item 8.aq. 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider General Plan Amendment No 16 -0218; Brad DeBranch, representing Bolthouse Properties, LLC., the property owner, has applied for a general plan amendment to the circulation element - circulatlon map on 1,215 linear feet of roadway along Heath Road, south of Stockdale Highway. Bakersfield, California, November 16, 2016 - Page 13 . 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN ITEM 9.a. CONTINUED 1. Resolution approving the general plan RES 187 -16 amendment to the circulation element - circulation map to change the alignment of Heath Road from an arterlal to a collector, along the south side of Sfockdale Highway to Stockdale Ranch Drive. Staff recommends adoption of the Resolution b. Public Hearing to consider General Plan Amendment /Zone Change No. 16 -0231: James Delmarter, representing Kern Delta Water Storage District, the property owner, has applied for a general plan amendment and zone change on 1.46 acres located along the south side of McKee Road, generally east of Stine Road. 1. Resolution approving the general plan RES 188.16 amendment changing the land use designation from LR (Low Density Residential) to GC (General Commercial) and HMR (High Medium Density Residential) on 1.46 acres. 2. 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) to C -2 (Regional Commercial) and R -2 /PUD (Limited Multiple Family Dwelling /Planned Unit Development) on 1.46 acres. 3. A finding that the project is exempt from the California Environmental Quality Act will also be considered. Staff recommends adoption of resolutions and first reading of the ordinance. A a V, ; Bakersfield, California, November 16, 2016 - Page 14 CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN C. Public Hearing to consider General Plan CONTINUED TO NEXT Amendment 16 -0309; City of Bakersfield - Public GPA CYCLE Works Department has applied for a circulation element of the general plan to: 1. Amend Exhibit A of Resolution 263 -04 to clarify the existing boundaries for the West Beltway and Westslde Parkway Interchange located along Stockdale Highway, generally between Renfro Road and Heath Road; and 2. Add a Class 1 Bike Path within the right - of -way of the West Beltway from Stockdale Highway south. 3. A finding that the project Is exempt from the California Environmental Quality Act will also be considered. Staff recommends the public hearing be opened and closed, with no Council action taken, and be re- noticed for a future hearing. City Clerk Gafford announced correspondence was received from Kirk Blair regarding item 9, c.; and a staff memorandum was received regarding item 9.c., requesting the public hearing be opened and closed with no Council action taken, and re- noticed for a future hearing. Consent Calendar Hearing items 9.a. through 9.c. opened at 6:00 p.m. No one spoke. Consent Calendar Hearing items 9.a. through 9.c. closed at 6:01 p.m. Motion by Vice -Mayor Hanson to approve the staff APPROVED recommendations on Consent Calendar Hearing All SULLIVAN items 9.a. through 9.c. Bakersfield, California, November 16, 2016 - Page 15 ` 7 2 `i 10. HEARINGS ACTION TAKEN a. Public Hearing to consider General Plan Amendment /Zone Change 16 -0204; Trammell Crow Company, representing Coffee - Brimhall, LLC, property owner, has applied for a general plan amendment and zone change on approximately 60 acres located east and west of Coffee Road, generally north of Brimhall Road and south of Rosedale Highway (State Route 58): Resolution adopting an Addendum to RES 189 -16 the previously Certified EIR (State Clearinghouse No. 2007041043); together with Revised Section 15091 Findings, Revised Section 15093 Statement of Overriding Considerations, and Revised Mitigation Measure Monitoring and Reporting Program. 2. Resolution approving the general plan RES 190 -I6 amendment to change the land use designation from LR (Low Density Residential) to HMR (High Medium Density Residential) on 12.64 acres, from LR to HR (High Density Residential) on 0.81 acres, from LR to HR on 15.91 acres, from LR to OS -P (Open Space - Parks) on 2.67 acres, from MUC (Mixed Use Commercial) to OS -P on 6.5 acres, from HMR to OS -P on 0.75 acres, and from GC (General Commercial) to LI (Light Industrial) on 20.75 acres, subject to conditions of approval. + 7 2'3 Bakersfield, California, November 16, 2016— Page 16 10. HEARINGS continued ACTION TAKEN ITEM 10,a, CONTINUED 3. First reading of an ordinance amending FR J the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -1 (One Family Dwelling) to R -3 /PUD (Multiple Family Dwelling/ Planned Unit Development) on 12.64 acres, from R -1 to OS (Open Space) on 2.67 acres, from R -1 to R -4 /PUD (High Density Residential /Planned Unit Development) on 0.81 acres, from R -3/ PUD to R -4 /PUD zone on 15.91 acres, from C -C /PCD (Commercial Center /Planned Commercial Development) to RE (Recreation) on 6.5 acres, from R -3 /PUD to OS on 0.75 acres. and from C -2 /PCD (Regional Commercial /Planned Commercial Development) to M -1 (Light Manufacturing) on 20.75 acres. Staff recommends approval of resolutions and first reading of the ordinance. City Clerk Gafford announced correspondence was received from the Sierra Club, In support of the project; additional correspondence was received from Gene Volland and Chad Hathaway, from Kern Enterprises, withdrawing all objections to the project. Planning Director Kitchen made staff comments and provided a PowerPoint presentation. Hearing item 10.a. opened at 6:09 p.m. No one spoke In opposition to the staff recommendation. J j Bakersfield, California, November 16, 2016 — Page 17 17311 10. HEARINGS continued ACTION TAKEN ITEM 10,a, CONTINUED The following individuals spoke in support of the staff recommendation: Alexander Dominguez Student Government President of California State University Bakersfield; Gail Istre; Matt Torres, Assistant Superintendent and Chief Business Officer for the Frultvale School District; Sarah Dominguez Bakersfield College student; Dr. Mary Westendorf, Superintendent of the Frultvale School District; Kathy Wolf, Executive Director of the North of the River Chamber of Commerce; Melissa Dominguez; Ruben Villafana; Gene Voilond, representative of Kern Enterprises; Chad Hathaway, co -owner of Kern Enterprises; Ernesto Garcia; Jeff Schultz; Kim Schaffer, on behalf of the Bakersfield Association of Realtors and the Homebuiders Association of Kern County; Jeff Andrew, Principal and Partner with Cushman and Wakefield Pacific Commercial Really Advisors; Nelson Lopez Richard Chapman, President of Kern Economic Development Corporation; Dave Palmer, General Manager for Pan Pacific Petroleum Company; Troy Staib, on behalf of the Windsong Community (opposes the zone changes from low density to high density housing); Gordon Nlpp, Vice -Chair of the local Sierra Club Chapter; Ryan Duboise, Operations Manager of Pan Pacific Petroleum Company; Paul Hoker; and Brad Cox Trammell Crow Company. Hearing item 10.a. closed at 6:32 p.m. Motion by Vice -Mayor Hanson to approve the APPROVED Staff recommendation for Hearing item 10.a. AB SULLIVAN b. Appeal by Roger McIntosh representing DCM Assets Management, LLC regarding the amount of the Transportation Impact Fees paid for the Riverlakes Gallerla Project as determined by the vesting rights conferred with Vesting Tentative Parcel Map 11788. Staff recommends denial of the appeal. �7sJ Bakersfield, California, November 16, 2016— Page 18 10. HEARINGS continued ACTIONTAKEN ITEM 10. b, CONTINUED Public Works Director Fidler made staff comments and provided a PowerPoint presentation. Hearing opened at 6:43 p.m Roger McIntosh, from McIntosh and Associates, representing DCM Assets Management, LLC, spoke in opposition to the staff recommendation; submitted written material; and provided a PowerPoint presentation. Mike Durkee made additional comments In opposition to the staff recommendation and regarding the Subdivision Map Act; and provided a presentation. Public Works Director Fidler, City Manager Tandy, City Attorney Gennaro, and Deputy City Attorney Heglund made additional staff comments. Hearing closed at 6:56 p.m. Councilmember Maxwell requested staff inform him of any potential interests in the purchase of the property located on the comer of P Sheet and California Avenue. Motion by Councilmember Rivera to reimburse the developer for the difference between level 4 and level 3 fees on buildings I, M, and O. Motion by Councilmember Parker to reimburse the developer the difference between level 4 and level 3 fees for buildings I and M. Councilmember Rivera requested an alternative motion to consider each building separately with four separate motions. Councilmember Parker announced he would withdraw his motion in light of Councilmember Rivera's revised motion. • Councilmember Parker requested staff submit a letter, to the Governor's Office and the Department of Conservation, on the importance of the completion of statewide acquiffer exemption process for oil fields, in a timely fashion; and point to the disastrous effects of further production losses in Kem County, which affects sales tax, property tax, and job creation, if the process is not completed by February 15, 2017. '732 Bakersfield, California, November 16, 2016- Page 19 10. HEARINGS continued ACTION TAKEN ITEM 10. b. CONTINUED Motion by Councilmember Rivera to reimburse the FAILED developer for the difference between level and level NOES MAXWELL, 3 fees for Building A. WEIR, SMITH, HANSON, PARLIER AB SULLIVAN Motion by Councilmember Rivera to reimburse the APPROVED developer for the difference between level and level NOES WEIR, SMITH, 3 fees for Building I. HANSON AB SULLIVAN Due to fie vote, Mayor Hall voted. MAYOR VOTED AYE Motion by Councilmember Rivera to reimburse the APPROVED developer for the difference between level and level NOES WEIR, SMITH, 3 fees for Building M. HANSON AB SULLIVAN Due to tie vote, Mayor Hall voted. MAYOR VOTED AYE Motion by Councilmember Rivera to reimburse the FAILED developer for the difference between level and level NOES WEIR, SMITH, 3 fees for Building O. HANSON, PARLIER AB SULLIVAN 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Parker requested staff submit a letter, to the Governor's Office and the Department of Conservation, on the importance of the completion of statewide acquiffer exemption process for oil fields, in a timely fashion; and point to the disastrous effects of further production losses in Kem County, which affects sales tax, property tax, and job creation, if the process is not completed by February 15, 2017. '732 " 7 ,3 3 Bakersfield, California, November 16, 2016 - Page 20 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Smith made comments on the approval of the Amtrak Station parking lot and solar upgrades; and thanked Golden Empire Transit for their partnership with the City. Councilmember Smith thanked staff for their efforts in obtaining grants, from Kenn Council of Governments, for bicycle safety education and bicycle lane improvements near Bakersfield College. Councilmember Smith expressed appreciation to staff for working with the sponsors of the Bakersfield Marathon last weekend. Mayor Hall commented on a report he provided the Council, from the Solid Waste Department, regarding the results of the City's litter pickup program with the homeless center; there are currently five crews in operation, with a total of 49 employees combined, in our work programs; and hopes the Solid Waste Department will continue to provide this report to the Council when he leaves office. 15. ADJOURNMENT Mayor Hall ad ATTEST: CITY CLERK and Ex Offi o Clerk of the Council of the City of Bakersfield i i i