HomeMy WebLinkAbout07/19/17 CC MINUTESWNW
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F° BAKERSFIELD CITY COUNCIL
MINUTES
,® MEETING OF JULY 19, 2017
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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 Goh, Councilmembers Gonzales,
Weir, Freeman, Sullivan, Parlier
Absent: Vice -Mayor Smith, Councilmember
Rivera
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
None.
4. CLOSED SESSION
a. Conference with Legal Counsel — Existing
Litigation; Closed Session pursuant to
Government Code section 54956.9(d) 1)
regarding Donald Towner v. City of Bakersfield,
Kern County Superior Court Case No. BCV -16-
102464, SPC
b. Conference with Legal Counsel — Existing
Litigation; Closed Session pursuant to
Government Code section 54956.9)d) (1)
regarding Citizens Against the 24th Street
Widening Project v. City of Bakersfield;
California Department of Transportation, Kern
County Superior Court Case No. S- 1500 -CV-
281556, KCT, Consolidated with BCV -16-
101556 NFT.
C. Conference with Legal Counsel — Potential
Litigation; Closed Session pursuant to
Government Code section 54956.9 (d "2), (e) (1)
two matters).
2 $ 7 3 Bakersfield, California, July 19, 2017 – Page 2
4. CLOSED SESSION continued ACTION TAKEN
Motion by Councilmember Weir to adjourn to Closed APPROVED
Session at 3:31p.m. AB RIVERA, SMITH
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 5:10 p.m. AB RIVERA, SMITH
Meeting reconvened at 5:15 p.m
S. CLOSED SESSION ACTION
a. Conference with Legal Counsel — Existing
STAFF WAS GIVEN
Litigation; Closed Session pursuant to
DIRECTION
Government Code section 54956.9(d) 1
regarding Donald Towner v. City of Bakersfield,
Kern County Superior Court Case No. BCV -16-
102464, SPC
b. Conference with Legal Counsel — Existing
NO REPORTABLE
Litigation; Closed Session pursuant to
ACTION
Government Code section 54956.9(d) 1)
regarding Citizens Against the 24th Street
Widening Project v. City of Bakersfield;
California Department of Transportation, Kern
County Superior Court Case No. 5- 1500 -CV-
281556, KCT, Consolidated with BCV -16-
101556 NFT.
C. Conference with Legal Counsel — Potential
NO REPORTABLE
Litigation; Closed Session pursuant to
ACTION ON FIRST
Government Code section 54956 .9(d)(2),(e)(1)
MATTER :SECOND
(two matters).
MATTER CONTINUED
TO NEXT MEETING
7. ADJOURNMENT
Mayor Goh adjourned the Closed Session meeting at
5:16 p.m.
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Bakersfield, California, July 19, 2017 - Page 3 2 8 7 4
REGULAR MEETING -5:18 p.m.
1. ROLL CALL
Present: Mayor Goh, Councilmembers Rivera,
Gonzales, Weir, Freeman, Sullivan, Parlier
Absent: Vice -Mayor Smith
2. INVOCATION by Pastor Vernon Kemp, Greater Harvest
Christian Center.
3. PLEDGE OF ALLEGIANCE by Marisa Edmonston, student
at the University of Arizona.
4. PRESENTATIONS
a. Presentation of a Proclamation by Mayor Goh
to Sharon Woolfolk, President of the Executive
Board of Directors for NAMI Kern County,
declaring July, 2017, Minority Mental Health
Awareness Month in Bakersfield.
Ms. Woolfolk accepted the Proclamation and
made comments.
b. Presentation of a Proclamation by Mayor Goh
to Elijah Lidgett, JDRF Children's Congress
Delegate, declaring July 24 -26, 2017, JDRF Days
in Bakersfield.
Elijah Lidgett accepted the Proclamation and
made comments.
C. Presentation of a plaque by Mayor Goh to
Timothy M. Osborn, honoring the beautification
efforts of his firm, the Law Office of Timothy M.
Osborn.
Ms. Heather Penella, Mayoral Alternate for the
Keep Bakersfield Beautiful Committee, made
comments.
Mr. Osborn accepted the Proclamation and
made comments.
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ACTION TAKEN
2 S 7 5 Bakersfield, California, July 19, 2017 — Page 4
S. PUBLIC STATEMENTS ACTION TAKEN
a. Curtis Bingham Sr., Street Evangelist, expressed
appreciation and gave blessings to the City
and law enforcement for the work they do for
the City.
b. Marvin Dean stated he invited HUD Secretary
Ben Carson to visit Bakersfield as part of his
Community Listening Tour submitted written
material); spoke regarding the proposed water
rate increases; and spoke in support of the
Property Assessed Clean Energy (PACE)
programs in Bakersfield.
C. Mona Sidhu spoke regarding the proposed
Resolution supporting the continued federal
funding of the Community Development Block
Grant and Home Investment Partnerships
programs.
d. The following individuals spoke regarding
allegations made by Tatyana Hargrove against
the Police Department, the need for a
citizen's community oversight committee, and
requested the City Council approve a budget
for body cameras for officers: Dean Welliver;
Jeanette Limones; Paola Hinojosa; Patrick
Jackson, NAACP President; Larcenia Taylor; and
Krystal Wood.
Councilmember Rivera left the meeting at this time.
6. WORKSHOPS
a. Workshop on Water Rate Study and proposed
rate increases associated with 1,2,3 -
Trichloropropone (TCP) water well treatment.
(Staff recommends approval of Proposition 218 notice to
be mailed to customers of the domestic water system.)
Assistant City Clerk Drimakis announced a staff
memorandum was received providing a recent
history of domestic water rate increases
applicable to the City of Bakersfield's domestic
service area.
City Manager Tandy made staff comments.
Water Resources Manager Chionello made
staff comments and provided a PowerPoinT
presentation.
Bakersfield, California, July 19, 2017 — Page 5 2 8 7 6
6. WORKSHOPS continued ACTION TAKEN
ITEM 6.a. CONTINUED
Mark Hildebrand, Stantec Consulting, made
comments.
Finance Director Smith made additional staff
comments and provided a PowerPoint
presentation.
Motion by Councilmember Weir to approve the APPROVED
staff recommendation. AS RIVERA, SMITH
Councilmember Rivera returned to the meeting at this time.
b. Presentation by California Water Service
Company (Cal Water) regarding Cal Water's
project to comply with upcoming state
mandates regarding 1,2,3- Trichloropropone
(TC P). (Staff recommends Council receive and file the
presentation.)
Assistant City Manager Teglia made staff
comments.
Mike Mares, Bakersfield District Manager for
California Water Service Company, made
comments and provided a PowerPoint
presentation.
Motion by Councilmember Weir to approve the APPROVED
staff recommendation. AS SMITH
7. APPOINTMENTS
None.
S. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the June 28, 2017,
Regular City Council Meetings.
Payments:
b. Receive and file department payments from
June 16, 2017, to July 6, 2017, in the amount of
$20,288,819.02, Self- Insurance payments from
June 16, 2017, to July 6, 2017, in the amount
of $1,652,006.66, totaling $21,940,825.68.
2877
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Bakersfield, California, July 19, 2017 - Page 6
CONSENT CALENDAR continued ACTION TAKEN
Ordinances:
C. Adoption of an Ordinance amending Chapter ORD 4914
2.60.030 of the Bakersfield Municipal Code
relating to the appointment of members and
alternates of the Bakersfield Youth Commission.
(FR 06/28/17)
d. Adoption of an Ordinance amending Chapter ORD 4915
14.02.010 of the Bakersfield Municipal Code
relating to Water Use Regulations. (FR 06128117)
Resolutions:
e. Resolution authorizing depositing of funds with RES 086 -17
MUFG Union Bank.
f. Resolution to authorize Sale of Surplus Buick RES 087 -17
Century sedan and Ford 500 sedan to
Bakersfield Homeless Center, a nonprofit
organization for $2,100.
g. Resolution determining that Globe@ turnout RES 088 -17
clothing is the Bakersfield Fire Department
standard and it cannot be reasonably
obtained through the usual bidding procedures
and authorizing the Finance Director to
dispense with bidding thereof, not to exceed
$111,650.
h. Resolution determining that Sulfa Treat, an RES 089 -17
absorbent media for removing H'S hydrogen
sulfide) from digester gas, cannot be
reasonably obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding thereof for a
period of one year, not to exceed the
budgeted amount of $200,000.
1. Resolution supporting the continued federal RES 090 -17
funding of the Community Development Block
Grant (CDBG) and Home Investment
Partnerships (HOME) programs.
8.
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CONSENT CALENDAR continued ACTION TAKEN
j. Sewer connection and construction fee
assessments for 101 North McDonald Way:
1. Resolution confirming assessments for
RES 091 -17
sewer connection and construction fees
and authorizing the collection of
assessments by the Kern County Tax
Collector.
2. Agreement with Guadalupe Alaniz to
AGR 17 -091
pay sewer connection and construction
fees through the Kern County Tax
Collector.
k. Resolutions to add territories to the
Consolidated Maintenance District and
approving, confirming, and adopting the Public
Works Director's Report for each:
1. Area 1 -118 (2810 Mosasco Street)
RES 092 -17
2. Area 4 -167 (4201 Arrow Street)
RES 093 -17
Agreements:
I. Agreement with County of Kern and ESO
AGR 17 -092
Solutions, Inc., for the implementation of
electronic patient care reporting system
(ePCR).
M. Agricultural lease agreement with Donald L.
AGR 17 -093
and Margaret Schulte DBA Schulte Farms for
property located at northeast corner of
Cottonwood and Hosking Roads.
n. Assignment of Bakersfield Municipal Airport
AGR 17 -094
Long -Term Ground Lease Agreement No. 06-
360 as amended by Agreement No. 08 -061 with
Knute Johnson and Penelope D. Moines
assigning Hangar Space B3 to Dennis Cheever.
o. Approval of a Settlement Agreement between
AGR 17 -095
the City of Bakersfield and Bakersfield City
School District regarding traffic impacts on
proposed new elementary school located at
East Belle Terrace and Cottonwood Road.
2 8 7 9 Bakersfield, California, July 19, 2017 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
P. Median Fee Reimbursement Agreement with AGR 17 -096
Summit Capital Ventures, Inc., (not to exceed
$41,597) for median construction and
landscaping on Old River Road between
Berkshire Road and Panama Lane.
q. Final Map, Improvement Agreement, and AGR 17 -097
Landscape Improvement Agreement with MG3 AGR 17 -098
Partners, LLC. For Tract /Parcel Map 6759, Phase
1 located South of Taft Highway and East of
Ashe Road.
r. Final Map, Improvement Agreement, and
AGR 17 -099
Landscape Agreement with Gateway Housing,
AGR 17 -100
LLC. for Tract /Parcel Map 6865, Phase 2
located North of East Panama Lane and West
of Sparks Street.
S. Final Map and Improvement Agreement with
AGR 17 -101
Summit Capital Ventures, LLC and John Balfanz
Homes, Inc. for Tract /Parcel Map 7247, Phase 1
located South of White Lane and West of
Buena Vista Road.
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t. Final Map and Improvement Agreement with
AGR 17 -102
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Summit Capital Ventures, Inc. and John Balfanz
Homes, Inc. for Tract /Parcel Map 7247, Phase 2,
located south of White Lane and west of
Buena Vista Road.
U. Agreement with Clean Cut Landscape
AGR 17 -103
Management Inc. ($60,000; one year term) for
landscape maintenance services at
Wastewater Treatment Plant No. 3.
V. Agreement with California Water Service AGR 17 -104
Company ($54,702) to purchase real property DEED 8697
located on Truxtun Avenue for the Truxtun /Oak DEED 8698
Widening Project.
W. Agreement with NSA Property Holdings, LLC AGR 17 -105
($430,640) for possession, use, and acquisition of
real property at 3301 Truxtun Avenue for the
Truxtun /Oak Widening Project.
8.
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Bakersfield, California, July 19, 2017 - Page 9
CONSENT CALENDAR continued
X. Consultant Agreement with Mendoza &
Associates ($163,070.88; funded with Federal
Earmark Funds {88.53 percent) and Capital
Outlay Utility /Roads Fund {11.47 percent)) for
Construction Management Services for the SR-
178 Widening Project.
Y. Utility Agreement with PG &E ($421,197; 100
percent Local Funds) for the relocation of
electric facilities in conflict with the Truxtun
Avenue Operational Improvements Project.
Z. Pipeline Crossing Agreement with the Union
Pacific Railroad Company (not to exceed
$11,500) for a domestic waterline.
ca. Amendment No. 1 to Agreement No. 16 -181
with Alon Asphalt Company ($160,000; revised
not to exceed $321,250 and extend term one
year), to continue the supply of CSS -1 H
asphaltic emulsion.
ab. Amendment No. 1 to Agreement No. 16 -184
with General Tree Service Inc. ($625,000; revised
not to exceed $1,248,000 and extend term one
year), to continue the supply of tree trimming
service.
ac. Amendment No. 2 to Agreement No. 15 -203
with International Coatings Company Inc.,
($140,000; revised not to exceed $424,813.75
and extend the term one year), to continue the
supply of traffic paint.
ad. Amendment No. 3 to Agreement No. 14 -140
with BASF Corporation ($120,000; revised not to
exceed $480,000 and extend term one year) to
provide polymer for dissolved air flotation
thickeners at Wastewater Treatment Plant No.
3.
2880
ACTION TAKEN
AGR 17 -106
AGR 17 -107
AGR 17 -108
AGR 16- 181(1)
AGR 16- 184(1)
AGR 15- 203(2)
AGR 14- 140(3)
2 8 9 I Bakersfield, California, July 19, 2017 - Page 10
B. CONSENT CALENDAR continued ACTION TAKEN
ae. Amendments to various consultant agreements
for on -call civil engineering services for the
Public Works Department, Wastewater Division:
1. Amendment No. 210 Agreement No. AGR 15- 173(2)
15 -173 with Provost and Pritchard
Engineering Group, Inc. ($50,000; revised
not to exceed of $160,000 and extend
term one year).
2. Amendment No. 2 to Agreement No. 15- AGR 15- 174(2)
174 with Corolla Engineers, Inc. ($50,000;
revised not to exceed of $120,000 and
extend term one year).
at. Amendment No. 3 to Agreement 12 -120 with AGR 12- 120(3)
TYLin International ($125,123.01; 100 percent
locally funded; revised not to exceed
$3,390,123.01) for survey and monumentation
services after construction. (TRIP)
ag. Contract Change Order Nos. 42, 45, 57, 58, 61, AGR 14 -241
62, 63, 65, 67, 71, 72, and 74 to Agreement No. CCO 42, CCO 45,
14 -241 with Security Paving Company (net CCO 57, CCO 58
increase of $53,401.00; revised not to exceed CCO 61, CCO 62
$84,481,672.10; Change Orders funded with CCO 63, CCO 65
Federal Earmark Funds {80 percent} and CCO 67, CCO 71
Capital Outlay Utility /Roads Funds {20 percent }) CCO 72, CCO 74
for the Beltway Operational Improvements
Project. (TRIP)
Property Acquisition Agreements - TRIP:
Bids:
ah. Reject bids for the purchase of an articulated
four -wheel drive loader for the Public Works
Department, Solid Waste Division.
ai. Accept bid and approve contract with Interior AGR 17 -109
Demolition, Inc. ($42,168; 88.53 percent
federally funded, 11.47 percent local match
funded with utility surcharge fees), for the
demolition of improvements along 24th Street:
2400 Pine Street. (TRIP)
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Bakersfield, California, July 19, 2017 - Page 11
8. CONSENT CALENDAR continued ACTION TAKEN
aj. Accept bid and award contract to Sierra AGR 17 -110
Construction & Excavation, Inc. (not to exceed
$1,000,000 annually; three year term) for the
annual maintenance and repairs of the
potable water system within the City's domestic
water service area.
ak. Accept bid and approve contract to Granite AGR 17 -111
Construction Company ($5,973,333.26) for the
annual contract for the supply of street
materials.
al. Installation of traffic signal, lighting, and
synchronization system at Union Avenue and
Berkshire Road:
Accept bid and approve contract with AGR 17 -112
Loop Electric Inc. (not to exceed
$211,126) for construction of project.
2. Appropriate $50,000 in Capital Outlay
Fund balance to the Public Works
Department's Capital Improvement
Budget.
Miscellaneous:
Successor Agency Business:
am. Receive and file Successor Agency payments
from June 16, 2017, to July 6, 2017, in the
amount of $2,143,822.00.
Councilmember Freeman left the meeting at this time.
Motion by Councilmember Weir to adopt Consent APPROVED
Calendar items 8.a. through 8.am. AB SMITH, FREEMAN
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider a resolution ordering RES 094 -17
the summary vacation of a portion of a Waiver
of Direct Access on Stockdale Highway and
Allen Road, and also a portion of Street Right of
Way along the frontage of 12702 Stockdale
Highway, Lot "A" of Lot Line Adjustment No. 15-
0411.
2 8 8 3 Bakersfield, California, July 19, 2017 - Page 12
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
b. Public Hearing to consider a Resolution ordering RES 095 -17
the vacation of Presidio Way between
Buccaneer Bay Street and Coffee Road.
C. Public hearing on Resolution of Necessity to RES 096 -17
determine the public interest and necessity for
acquisition of certain real property by eminent
domain for the Centennial Corridor Project
(Code of Civil Procedure § 1245.230) located at
505 Malibu Court, Bakersfield, CA 93309 (APN
020 - 522- 05)(CPIN 87510).
d. Public hearing on Resolution of Necessity to RES 097 -17
determine the public interest and necessity for
acquisition of certain real property by eminent
domain for the Centennial Corridor Project
(Code of Civil Procedure § 1245.230) located at
3209 Mona Way, Bakersfield, CA 93309 (APN
149 - 250 -15) (CPN 87713).
e. Public hearing on Resolution of Necessity to RES 098 -17
determine the public interest and necessity for
acquisition of certain real property by eminent
domain for the Centennial Corridor Project
(Code of Civil Procedure § 1245.230) located at
806 Wible Road, Bakersfield, CA 93304 (APN
148 - 240 -39) (CPN 87717).
f. Public hearing on Resolution of Necessity to RES 099 -17
determine the public interest and necessity for
acquisition of certain real property by eminent
domain for the Centennial Corridor Project
(Code of Civil Procedure § 1245.230) located at
800 Wible Road, Bakersfield, CA 93304 (APN
148- 240 -01) (CPN 87718).
g. Public hearing on Resolution of Necessity to RES 100 -17
determine the public interest and necessity for
acquisition of certain real property by eminent
domain for the Centennial Corridor Project
(Code of Civil Procedure § 1245.230) located at
4301 Marella Way, Bakersfield, CA 93309 (APN
020 - 482 -29) (CPN 87538).
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9. CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN
h. Public hearing on Resolution of Necessity to RES 101 -17
determine the public interest and necessity for
acquisition of certain real property by eminent
domain for the 24th Street Improvement
Project (Code of Civil Procedure § 1245.230)
located at 1815 24th Street, Bakersfield, CA
93301 (APN 003 - 121 -05).
Public hearing on Resolution of Necessity to RES 102 -17
determine the public interest and necessity for
acquisition of certain real property by eminent
domain for the 24th Street Improvement Project
(Code of Civil Procedure § 1245.230) located at
2322 Beech Street, Bakersfield, CA 93301 (APN
003 - 040 -10).
Assistant City Clerk Drimakis announced a staff
memorandum was received regarding items 9.c.
through 9.i., stating the Resolutions were revised in
order to replace the signature block of the former
Mayor with the current Mayor, and to add the
Councilmember names to the voting blocks.
Councilmember Freeman returned to the meeting at this
time.
Consent Calendar Public Hearings opened at
6:32 p.m.
No one spoke.
Consent Calendar Public Hearings closed at 6:33 p.m.
Motion by Councilmember Weir to adopt Consent APPROVED
Calendar Public Hearing items 9.a. through 9.i. AS SMITH
10. HEARINGS
a. Hearing to consider resolutions terminating the
ColiforniaFIRST, E3, Figtree, HERO, and Ygrene
Property Assessed Clean Energy (PACE)
programs in Bakersfield. (Staff recommends adoption
of the resolutions.)
RES 103 -17
RES 104 -17
RES 105 -17
RES 106 -17
RES 107 -17
2 8 8 5 Bakersfield, California, July 19, 2017 - Page 14
10. HEARINGS continued ACTION TAKEN
ITEM 10.a. CONTINUED
Assistant City Clerk Drimakis announced email
correspondence, in support of the PACE
program, was received from: Dustin Reilich;
Carlos Lopez; Sandra Randolph; Teresa Rao;
Rod Dole; Evlondo Cooper; and Richard Sharp;
correspondence in opposition to the PACE
program was received from: Robin Ablin; Bob
Hayworth; and B.W. Shipman; one email was
received from Kevin Houber regarding PACE
education; and two phone calls were received,
one in support of the program and one in
opposition.
City Manager Tandy made staff comments and
provided a PowerPoint presentation.
Hearing item I D.a. opened at 6:47 p.m.
The following individuals spoke in opposition to
the staff recommendation: James Hamill,
Managing Director with California Statewide
Communities Development Authority; Laura
Booker; Diana Crisp; Diane Swan; Denise
Padilla; Eddie Cosillas; Amalia Perez; Marcus
Beale, owner of Inter Faith Electric and Solar;
Don Lanier, Northwest Exteriors; Brian McCarty,
Kern County Account Manager for the HERO
Program; and Marvin Dean.
Mayor Goh recessed the meeting at 7:04 p.m. and
reconvened the meeting at 7:09 p.m.
The following individuals spoke in support of the
staff recommendation: Sherry Anthis, Bakersfield
Association of Realtors (provided a PowerPoint
presentation); Valerie Slater; Jeanne Rodsick;
Robin Rossi, Loan Officer with Summit Financial
Services; Melissa Dominguez; Jon Busby; Nick
Ortiz, Greater Bakersfield Chamber of
Commerce; and Mike Turnipseed.
Dustin Reilich, Renovate America HERO
Program (submitted written material and
provided a PowerPoint presentation) and
James Hamill spoke in rebuttal opposition to the
staff recommendation.
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Bakersfield, California, July 19, 2017 - Page 15 2 8 8 6
10. HEARINGS continued ACTION TAKEN
ITEM 10.a. CONTINUED
The following individuals spoke in rebuttal
support of the staff recommendation: Robin
Rossi; Sheri Anthes; and Judy Camp.
Hearing item 10.a. closed at 7:37 p.m.
Motion by Councilmember Sullivan to suspend
future PACE loans in the City for 60 days, to
provide staff the opportunity to draft a
participatory agreement incorporating
additional oversight and restrictions consistent
with Improvements anticipated by state and
federal law; and return for Council
consideration.
Motion by Councilmember Weir to approve
APPROVED
staff's recommendation and adopt the
AS SMITH
Resolutions.
Motion by Councilmember Sullivan to direct
FAILED
staff to explore the possibility of participatory
NS GONZALES. WEIR,
agreements and return for Council
FREEMAN, PARLIER
consideration.
AS SMITH
Mayor Gan recessed the meeting at 8:24 p.m. and
reconvened the meeting at 8:35 p.m.
b. Public Hearing to consider resolution adopting RES 108 -17
fees pursuant to the cost recovery system.
(Deferred from the 06/07/17 meeting.) (Staff recommends
adoption of the resolution.)
Assistant City Clerk Drimakis announced a staff
memorandum was received, transmitting
additional information on this item.
Community Development Director Kitchen
made staff comments.
Hearing item 10.b. opened at 8:36 p.m.
No one spoke in opposition to the staff
recommendation.
10.
Bakersfield, California, July 19, 2017 — Page 16
HEARINGS continued
ITEM 1U.N. CONTINUED
The following individuals spoke in support of the
staff recommendation: Dave Dmohowski,
representing the Home Builders Association of
Kern County; Scott Thayer, Castle and Cooke;
and Roger McIntosh, McIntosh and Associates.
Hearing item 10.6. closed at 8:46 p.m.
Motion by Councilmember Weir to adopt the
Resolution.
Public Hearing to consider Zone Change No.
17 -0047; McIntosh & Associates, representing
City Lights, LLC and MarkChris Investments, LLC
(property owners), is proposing a zone change
from a PCD (Planned Commercial
Development) to a C -2 (Regional Commercial)
zone on 36.41 acres located between State
Route 178 and Mall View Road, approximately
one -third mile west of Oswell Street. Protect
CEQA has appealed the Planning
Commission's decision regarding the proposed
Mitigated Negative Declaration. (staff
recommends approval of the resolution and first reading
of the ordinance.)
1. Resolution denying the appeal and
adopting a Negative Declaration with
Mitigation Measures.
2. First reading of ordinance amending the
Official Zoning Map in Title 17 the
Bakersfield Municipal Code by changing
the zone district from a PCD (Planned
Commercial Development) to a C-
2 /PCD (Regional Commercial /Planned
Commercial Development Combining)
zone on 36.41 acres, subject to
conditions of approval.
Assistant City Clerk Drimakis announced email
correspondence was received from Betty
Phillips, in support of the East Hills Mall project.
ACTION TAKEN
APPROVED
AB SMITH
RES 109 -17
FR
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Bakersfield, California, July 19, 2017 — Page 17 2 8 8 $
10. HEARINGS continued ACTION TAKEN
ITEM IO.c, CONTINUED
Community Development Director Kitchen
made staff comments and provided a
PowerPoint presentation.
Hearing item I O.c. opened at 8:53 p.m
Andrew Grundman, Executive Director for
Protect CEQA, spoke in opposition to the
staff recommendation and submitted written
material.
The following individuals spoke in support of the
staff recommendation: Steven Atlee, from Park
& Velayos LLP, on behalf of the owners of the
property City Lights LLC and Mark Chris
Investments LLC; Roger McIntosh, from
McIntosh and Associates, representing City
Lights LLC and Mark Chris Investments LLC
(submitted written material; and Dennis Fox.
Hearing item I O.c. closed at 9:09 p.m.
Motion by COunclimember Weir to adopt the APPROVED
Resolution and give first reading of the AS SMITH
Ordinance.
11. REPORTS
None.
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Gonzales made comments regarding
the Downtown Street Ambassador program and
expressed appreciation for the contributions to this
program made by former Mayor Harvey L. Hall.
Mayor Goh also expressed gratitude for Cynthia
Lake, for funding the initial pilot program for the
Downtown Street Ambassadors.
2 8 8 9 Bakersfield, California, July 19, 2017 -Page 18
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Parlier requested staff contact
Caltrans regarding clean-up of the following freeway
interchanges: Taff Highway, Panama Lane, and White
Lane.
Councilmember Sullivan announced next Thursday is
the 61It Anniversary of the adoption of our national
motto "In God We Trust "; stated there are over 670
cities and counties across the country displaying this
motto. with 133 being in California; the celebration will
be held at the Marriott Hotel and advised anyone
interested in attending the event to contact her for
more information.
15. ADJOURNMENT
Mayor Goh adjourned the meeting at 9:17 p.m.
�MAY City of akers ield. CA
ATTEST:
CITY CLERK an Ex Officio Clerk of
the Council of the City of Bakersfield
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