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HomeMy WebLinkAbout08/15/2012 CC MINUTESBAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 15, 2012 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Couch, Councilmembers Salas (seated at 5:19 p.m.), Benham, Weir (seated at 5:20 p.m.), Hanson, Sullivan, Johnson Absent: None City Clerk Gafford announced that, at the request of a. Presentation by Mayor Hall of a Proclamation to Jon Van Boening, the 2012 John Brock Community Service Award winner, declaring September 6, 2012 as Jon Van Boening Day. Mr. Von Boening accepted the Proclamation and made comments. b. Presentation by Mayor Hall of a Proclamation to Jay Tamsi, declaring September 12 through October 13, 2012, Hispanic Heritage Month. Mr. Tams! accepted the Proclamation and made comments. ACTION TAKEN 1474 staff, Reports Item 13.a., Update on Curbside Recycling Implementation, has been removed. 2. INVOCATION by Pastor Jason Klopenstein, Rosedale Bible Church. 3. PLEDGE OF ALLEGIANCE by Sarah Gutierrez, 8th grade student at Chipman Junior High School. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Jon Van Boening, the 2012 John Brock Community Service Award winner, declaring September 6, 2012 as Jon Van Boening Day. Mr. Von Boening accepted the Proclamation and made comments. b. Presentation by Mayor Hall of a Proclamation to Jay Tamsi, declaring September 12 through October 13, 2012, Hispanic Heritage Month. Mr. Tams! accepted the Proclamation and made comments. ACTION TAKEN 1474 1475 Bakersfield, California, August 15, 2012 - Page 2 4. PRESENTATIONS continued ACTION TAKEN C. Surprise presentation to Economic Development Director Donna Kunz. Ms. Kunz accepted a retirement plaque from City Manager Tandy and made comments. City Manager Tandy introduced Doug Mclsaac, the new department head for the Economic and Community Development Department; and Mr. Mclsaac made comments. d. Surprise presentation to City Manager Alan Tandy. City Manager Tandy accepted a plaque and hockey jersey from Mayor Hall and Vice -Mayor Couch in recognition of 20 years of service to the City and made comments. 5. PUBLIC STATEMENTS a. Liz Keogh spoke in support of Reports Item 8.b. regarding the animal control agreement, and thanked City staff and Councilmembers for committing to working with the County to form an agency that will service metropolitan Bakersfield animals, residents and the taxpayers of the entire county. b. Jeffrey Pickering, President and CEO of Kern Community Foundation, spoke regarding the Bloomberg Philanthropies Mayor's Challenge, which is a competition to inspire American cities to generate innovative ideas that solve major challenges and improve city life; he pointed out that there is a $5 Million grand prize and four additional $1 Million prizes, and he recommended several areas in the Council Goals where a philanthropic prize like this may fit, and he requested the assistance of a committee or City staff to assist with the application, which is due September 14th. Councilmember Benham asked staff to work with Mr. Pickering to help narrow down the most likely project for the City to apply for these funds. 1476 Bakersfield, California, August 15, 2012 - Page 3 5. PUBLIC STATEMENTS continued ACTION TAKEN C. William Curtis spoke regarding limiting cats per house and asked the Council to pass a law to restrict the number of cats to three per any residence in the City. Councilmember Benham referred this matter to the Legislative and Litigation Committee, and asked that Mr. Curtis be kept informed about when it will be heard by the Committee. d. Danielle Armstead, President and CEO of the Bakersfield Prayer Center, spoke about the mission of the Center, which is to work together through prayer to stop some of the senseless killings and violence in the City, as well as pray for the children and everyone associated with the school districts so they will be safe at school. e, Jeremy Wright, Executive Director of the Bakersfield Prayer Center, spoke regarding an anti -bully prayer rally being held on Saturday, August 18m, at 5:00 p.m., at the Liberty Bell, and he thanked Councilmember Salas for agreeing to attend. f. Marvin Dean thanked City Manager Tandy for his 20 years of leadership, and thanked Economic Development Director Kunz for her service and wished her well in her retirement; he commended the efforts of the City and County for moving forward together with the animal control issue; and announced a meet and greet with the new High Speed Rail team and invited the elected officials, the business community and labor to attend and provide input in the process to make sure it is going to benefit the citizens of this community. g. Jason Cater, with Bike Bakersfield, thanked the City Council for the continued improvements to the bike infrastructure over the last few years, and he is excited about the upcoming bicycle transportation plan and sees it as an opportunity to identify holes in the existing infrastructure to improve bicycle transportation for all users; and he encouraged the City to look at Transportation Development Act and other funding resources as opportunities to continue to improve our bike infrastructure. 1477 Bakersfield, California, August 15, 2012 - Page 4 5. PUBLIC STATEMENTS continued ACTION TAKEN h. Josiah Vencel asked the City Council to find a creative way of limiting Planned Parenthood from opening its new clinic in Bakersfield. Tim Palmquist spoke in opposition to Planned Parenthood and submitted a revised version of his proposal for a human life ordinance. The Reverend David Stepp, Pastor of Bakersfield Christian Church, spoke in opposition to Planned Parenthood and submitted a written appeal from local pastors to block its new facility. Councilmember Johnson asked City Attorney Gennaro to contact him tomorrow regarding this new ordinance language that has been proposed. Councilmember Sullivan advised that she, too, would like to pursue this issue to see what, if anything, can be done. LaQuette Milner, Director of LQ's Performing Arts Center, spoke regarding a production called "Da' Hip -Hop Wizzard of Oz" that she is bringing to Cal State Bakersfield on September 22nd, at 7:00 p.m., and asked for support, either by way of attendance or a monetary donation; and she submitted written material and a DVD. 6. WORKSHOPS a. 2411, Street Improvement Project Update. (TRIP) City Manager Tandy made staff comments and provided a PowerPoint presentation. Roland Genick, Chief Landscape Architect, with Parsons, provided the presentation and comments regarding beautification alternates. 1478 Bakersfield, California, August 15, 2012 - Page 5 6. WORKSHOPS continued ACTION TAKEN Item b,a, continued City Manager Tandy advised that the technical team will continue to do the formal response to the draft EIR comments, which will be integrated into the final EIR document, and the tentative schedule for that coming forward for more public consideration and deliberation is September 20th for the Planning Commission and November 14th for the City Council, Councilmember Benham advised that she has not yet determined how she will vote on this project and that she is keeping an open mind and will make an informed decision after the Council receives the Planning Commission's recommendations, after she has listened to all the public comments on the environmental aspect when it appears before the Council, and based on her review of the project itself; additionally, she thanked the members of the public who have been so active throughout this process, as well as City staff, the entire TRIP team, Roland from Parsons for the beautiful presentation, and Brian Apper from CalTrans. City Manager Tandy and Public Works Director Rojas responded to various questions asked by Councilmember Benham, Councilmember Benham asked that the slides shown in tonight's PowerPoint presentation of the design opportunities with respect to the landscaping, cul -de- sacking and signage, as well as a rendering of what the area where 2yd and 24th streets diverge could look like, be placed on the City's website for those in the community who are interested but were not able to offend tonight's meeting. Councilmember Benham asked staff to work on suggestions for traffic calming on Beech Street if this project goes forward, and that she would like the left turn onto Beech Street to be used only by people who need to get into the neighborhood. 14'79 Bakersfield, California, August 15, 2012 - Page 6 6. WORKSHOPS continued ACTION TAKEN Item 6,a. continued In response to a request by Councilmember Benham, City Manager Tandy made the following comments for the record regarding the issues surrounding the proposal to make Highway 204 an alternate to 24th Street. The Hageman Flyover Project, which connects Highway 204 to more people and more routes, is a response to the request we've received, however, it is only a response for those people who wish to go to the north or northwest. As far as a continuous east /west or west /east movement, the people are going to follow the linear path, the straight path, and take it irrespective of signage or making traffic so congested and unbearable that people have to go north. Human behavior is just such that they're going to take the shortest distance between two points. So we are bringing forward the Hageman Flyover Project. We do think when it's constructed, it will help those people wishing to move to the north to perhaps get off of 24th Street, but the traffic modeling again, which is a 30 -year computer -based projection of traffic demands, show that both projects are needed in order to handle the traffic that will exist. Mayor Hall announced that there would be public statements received in opposition and support of this project, allowing 3 minutes per speaker, 15 minutes per side. The following individuals spoke in opposition to the project; Jim Jeff suggested providing a study about the possibility of building greater traffic access to Highway 99 from the point of the bottleneck at 24th and Oak streets; Judith Harniman thanked City staff for meeting with her and advised that she would like to get more information on the statistics presented this evening and the aspects of the traffic analysis; Bakersfield, California, August 15, 2012 - Page 7 6. WORKSHOPS continued Item 6.a. continued Opposition Speakers continued Joel Stewart suggested using the TRIP money to develop an easy flow of traffic north or south of downtown from Oak Street to Buck Owens Boulevard to Highway 99, and that traffic should be diverted to Highway 204 rather than going through 24th Street to access Rosedale Highway or Highway 178; Terry Maxwell suggested that, if the goal is to make 16 miles of traffic flow beautifully down 24th Street, three lanes could be made both ways by restriping it without a lot of expense involved; Kathleen Faulkner mentioned that the main concern that brought her to the meeting was to discuss the safety issues and the need for safe pedestrian crossings (especially at A Street), traffic signals to get in and out of the neighborhood within a half mile of each other, and left turn signals across 24th Street, or whatever it takes to slow down the traffic because it is a residential area, and she submitted written material; David Boyd recommended taking the Westside Parkway and bringing it to the connectivity of Highway 99 and also from Highway 178 running east to alleviate the traffic coming through downtown; Vanessa Vangel spoke at the request of Robert Massey and advised that she is in strong opposition to the widening project, indicated she would like to see proof of the statistics from the comments that were received by TRIP, and wants to retain the historical significance and property values of the neighborhood. Councilmember Benham clarified that the presentation tonight was not meant to be the comprehensive response to the EIR public comment, and that will be coming at a later date. ACTION TAKEN 1480 1481 Bakersfield, California, August 15, 2012 - Page 8 6. WORKSHOPS continued ACTION TAKEN Item 6.a. continued The following individuals spoke in support of the project: Robert Massey advised that he has put forth the effort of getting the cul -de -sacs on A Street, and he asked for an amendment of 92% to the unanimity that City Manager Tandy referenced in his presentation; Bob Brasse gave his time to the next speaker; Michael Hoxworth recommended (1) a study or consideration of a T intersection at Beech Street that would be controlled by a 3 -way signal to help the flow of traffic if the backup in the left turn lane occurred and could also offer the opportunity for southbound Beech Street traffic to travel eastbound onto 24th Street, (2) a study of a signal light at D Street at 23rd and 24th that would fall in conformity of the other lights that are in the couplet area and move the first light from F to D for eastbound traffic, which could also be the position of the pedestrian crossing that is being considered at other areas, (3) consideration of forming a landscape advisory committee made up of homeowners and business owners in the downtown area, and (4) the potential of moving the entire roadway slightly to the north to bring balance of landscape to both the north and south side when it is completed. Recess taken from 7:39 p.m. to 7:46 p.m. Mayor Hall announced that Vice -Mayor Couch has requested that Reports Item 13.b, be moved forward to be acted on at this time. 13. REPORTS b. Animal Care Services: Agreement with the County of Kern for AGR 12 -113 Animal Care Services from July 1, 2012 through June 30, 2013 in the amount of $740,000 plus a capital improvement contribution of up to $100,000; and the lease of real property, located at 201 South Mount Vernon Avenue, to the County. 1482 Bakersfield, California, August 15, 2012 - Page 9 13. REPORTS continued ACTION TAKEN Item 13.b, continued 2. Vice - Mayor's appointment of two Councilmembers to serve on a newly established Joint City /County Animal Control Committee. Assistant to the City Manager Teglia made staff comments and recommended approval of the Agreement and the selection by the Vice - Mayor of the two Councilmembers to serve on the newly established committee. John Nilon, County Administrative Officer for the County of Kern, expressed his appreciation for the Council's earnest effort to maintain a joint relationship between the City and County for the provision of animal control services for all of our residents. Councilmember Johnson requested that staff provide Council with the report presented to the County. Motion by Vice -Mayor Couch to adopt the APPROVED staff's recommendation on Reports Item 13.b. I., the Agreement with the County of Kern for Animal Control Services. Motion by Vice -Mayor Couch to appoint APPROVED himself, Councilmember Weir, as well as Councilmember Johnson as the alternate to the newly established Joint City /County Animal Control Committee. Vice -Mayor Couch asked staff to bring back for the future Council to consider having the Vice - Mayor of the City Council always be a member of this committee. 6. WORKSHOPS continued b. Actuarial Valuation of Retiree Medical Liabilities. City Manager Tandy introduced Tom Morrison. Tom Morrison, consultant to the City from The Segal Company, provided a PowerPoint presentation. 1483 Bakersfield, California, August 15, 2012 — Page 10 7. APPOINTMENTS ACTION TAKEN None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the July 18, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from July 6, 2012 to August 2, 2012 in the amount of $24,746,335,62 and self- insurance payments from July 6, 2012 to August 2, 2012 in the amount of $2,123,992.26, totaling $26,870,327.88. Ordinances: C. Adoption of Ordinance amending the Official ORD 4685 Zoning Map in Title 17 of the Municipal Code by changing the zone district from C -O (Professional and Administrative Office), R -3 (Multiple Family Dwelling) and R -3 -P (Multiple Family Dwelling- Parking), to R -3 -CH (Multiple Family Dwelling- Church) on a 4.68 acre site, located at the northeast corner of H Street and 8th Street, (ZC# 12 -0011) (WZI, Inc., representing Saint Francis Church c/o the Diocese of Fresno). Resolutions: d. Resolution adopting a City policy to adhere to RES 083 -12 the Brown Act despite the State's decision to suspend some of its provisions for three years. e. Resolution designating certain City personnel as RES 084 -12 certifying officers authorized to execute environmental review for U.S. Department of Housing and Urban Development (HUD) - funded programs pursuant to Federal Law. Bakersfield, California, August 15, 2012 — Page 11 8. CONSENT CALENDAR continued f. Resolution approving the submission of an application to the U.S. Department of Transportation Federal Aviation Administration for funding for three specific improvement projects at the Bakersfield Municipal Airport under Airport Improvement Program Project No. 3 -06- 0323 -016 -2012 and authorizing the City Manager or his designee to execute all necessary documents. g. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. h. Resolution determining that Bioxide, a proprietary chemical for sewer odor control and reduction of sulfide gas levels, 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 $750,000. Kern River Parkway Fitness Equipment: Resolution determining that Triactive Fitness Equipment cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding. 2. Approve the purchase of fitness equipment from Great Western Park & Playground, Inc. ($12,604). 3. Appropriate $12,604 contribution to the Recreation and Parks Department Capital Improvement budget within the Capital Outlay Fund for the purchase. ACTION TAKEN RES 085 -12 RES 086 -12 RES 087 -12 RES 088 -12 1484 1485 91 Bakersfield, California, August 15, 2012 — Page 12 CONSENT CALENDAR continued Resolutions adding the following territories to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Report for each: 1, Resolution adding Area 1 -91 (2738 Mosasco Street) 2. Resolution adding Area 3 -85 (8100 Pacheco Road) 3. Resolution adding Area 4 -106 (500 W Columbus Street) 4. Resolution adding Area 4 -107 (2620 Chester Avenue) k. Resolution of Intention No. 1722 adding territory, Area 2 -50 (4751 and 4755 Wible Road) to the Consolidated Maintenance District and preliminarily approving confirming and adopting the Public Work's Director's Report. Agreements: Agreement with Boys and Girls Clubs of Kern County ($50,000) of Community Development Block Grant funds to renovate existing facilities at 801 Niles Street. M. Agreement with the State of California Department of Public Health, and the U,S. Department of Housing and Urban Development ($384,879) for Housing Opportunities for Persons with HIV /AIDS Entitlement Program (HOPWA). n. Agreement with Bakersfield Senior Center, Inc, ($85,000), of Community Development Block Grant Funds for operational expenses located at 530 4th Street. o. Joint Cost Sharing Agreement with the County of Kern (City's share not to exceed $75,000) for a storm water discharge permit required by the National Pollutant Discharge Elimination System. P. Agreement with Gables Trust ($25,500) to purchase real property located on the southwest corner of Morning Drive and State Route 178 for the Morning Drive Interchange Project. (TRIP) ACTION TAKEN RES 089 -12 RES 090 -12 RES 091 -12 RES 092 -12 ROl 1722 AGR 12 -102 ABS JOHNSON AGR 12 -103 AGR 12 -104 AGR 12 -105 AGR 12 -106 DEED 7544 1.1 Bakersfield, California, August 15, 2012 — Page 13 CONSENT CALENDAR continued ACTION TAKEN q. Agreement with Marvin and Shirley Hort Trust AGR 12 -107 ($25,500) to purchase real property located on DEED 7545 the southwest corner of Morning Drive and State Route 178 for the Morning Drive Interchange Project. (TRIP) r. Amendment No. 1 to Agreement No. 10 -026 AGR 10- 026(1) with York Risk Services Group, Inc. ($84,000; revised not to exceed $459,000), to adjust liability claims filed against the City. S. Amendment No. 1 to Agreement No. 11 -099 AGR 11- 099(1) with Vulcan Materials Company ($6,000,000; revised not to exceed $12,000,000 and extending term one year) for supply of street materials. t. Amendment No. 2 to Agreement No. 10 -144 AGR 10- 144(2) with Ennis Paint, Inc. ($150,000; revised not to exceed $348,221.31 and extending term one year), for traffic paint. U. Amendment No. 1 to Agreement No. RP 12-010 AGR 12 -108 with Tony Cole Masonry ($40,000; revised not to exceed $80,000) for block wall repairs. V. 24th Street Improvement Project: (TRIP) Amendment No. 3 to Agreement AGR 07- 224(3) No. 07 -224 with RBF Consulting ($130,921; revised not to exceed $2,836,828 - 88.53% funded by federal monies) for engineering design services for the project. 2. Amendment No. 3 to Agreement AGR 07- 225(3) No. 07 -225 with RBF Consulting ($83,420; revised not to exceed $2,207,646 - 88.53% funded by federal monies) for engineering design services for the project. W. Contract Change Order Nos. 27 and 40 to AGR 08 -214 Agreement No. 08 -214 with Security Paving CCO27, CCO40 Company, Inc, ($133,240.98; revised not to exceed $29,357,454.67), for construction of the Westside Parkway Phase 1 Project. (TRIP) 1486 1487 Bakersfield, California, August 15, 2012 - Page 14 8. CONSENT CALENDAR continued Bids: X. Reject bids for Beale and Saunders Parks Playground Rehabilitation. Y. Extend bid from Kovatch Mobile Equipment ($523,534.50) for one replacement Fire engine for the Fire Department. Z. Extend bid from Golden State Peterbilt ($2,864,008.98) for seven replacements and two additional side- loading refuse trucks for the Public Works Department, Solid Waste Division. aa. Extend bid from Bertchtold Equipment Company ($88,872.21) for one additional backhoe loader for the Water Resources Department. bb. Extend bid for four replacement four door police special sedans: 1. Extend bid from Jim Burke Ford, ($91,986.48). 2. Transfer and appropriate $57,536 Self Insurance Fund balance to the Equipment Management Fund Operating Budget. 3. Appropriate $34,450.48 Fund balance to the Equipment Management Fund Operating Budget. ACTION TAKEN CC. Accept bid and approve contract with AGR 12 -109 Bowman Asphalt, Inc. ($412,412), for the Hosking Avenue at Wible Road Street Improvements Project. dd. Accept bid and approve contract with Griffith AGR 12 -110 Company ($586,586) for Pavement Rehabilitation 2012 Phase 1 Project- Harris Road from Ashe Road to Summer Springs Drive. Bakersfield, California, August 15, 2012 - Page 15 8. CONSENT CALENDAR continued ACTION TAKEN ee. Mill Creek Linear Park - Mill House Project: Accept bid and approve contract with AGR 12 -111 Brown and Fowler Construction Inc. ($882,000), for the project. 2. Transfer $273,149 from the Sister City Garden Phase B Project to the Mill House Project within the Successor Agency Proposition 1 C Grant Fund. ff. Landscape Improvements within Existing Median Islands Phase 1 - Ashe Road, McCutchen Road and Stine Road: Accept base bid and approve contract AGR 12 -112 with Clean Cut Landscape Company ($249,936) for the project. 2. Appropriate $60,000 Developer Share Project cost to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund. Miscellaneous: gg. City position on League of California Cities Annual Conference Resolutions. hh, Appropriate $47,133 State Grant Revenue for the Waste Tire Enforcement Grant Program to the Development Services Operating budget in the General Fund. ii. Appropriate $3,000 contribution from Bill Wright Toyota to the Recreation and Parks Department's Operating Budget within the General Fund to allow banner sponsorship opportunities at Mesa Marin Sports Complex. Appropriate $88,740 State Grant Revenues (FY2012 -13 Grant Assistance Program (GAP) from the State Office of Alcoholic Beverage Control (ABC) to the General Fund Police Operating budget to fund overtime for the BPD vice division to conduct minor decoy, shoulder tap operations and provide ABC training. 1489 Bakersfield, California, August 15, 2012 - Page 16 8. CONSENT CALENDAR continued ACTION TAKEN kk. Appropriate $160,568 Federal Grant Revenues (2012 JAG /Byrne Local Grant from the Bureau of Justice Assistance) to the General Fund Police Operating budget to provide training and equipment to develop a Citizen's Patrol Academy. II. Accept a $1,000 grant donation from Target and appropriate the $1,000 donation to the Police Department Operating budget in the General Fund to support the BPD's Crime Prevention message at the 2012 National Night Out on August 7, 2012. mm, Accept a State Farm "Celebrate My Drive" grant, in the amount of $5,000; and appropriate the $5,000 contribution to the Police Department Operating budget in the General Fund to develop brochures and purchase promotional handouts to bring awareness of the dangers of texting while driving to teen drivers. Successor Agency Business: nn. Receive and file successor agency payments from July 6, 2012 to August 2, 2012 in the amount of $1,665,811.45. Councilmember Johnson announced he would abstain due to a perception of conflict of interest on items B.I. and 8.11. Motion by Vice -Mayor Couch to adopt Consent Calendar items 8.a. through 8.nn. 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing on Resolution of Necessity to determine the public interest and necessity for acquisition of certain real property located at State Route 178 at Morning Drive, (APN # 531- 011 -06; previously APN # 531 - 010 -25) by eminent domain for the new Morning Drive and State Route 178 Interchange Project, (TRIP) (Staff recommends adoption of Resolution.) ABS JOHNSON APPROVED REMOVED FOR SEPARATE CONSIDERATION SEE HEARING ITEM 12.a. 1490 Bakersfield, California, August 15, 2012 - Page 17 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN b. General Plan Amendment /Zone Change No. 12 -0085; the City proposes a general plan amendment and zone change on approximately one acre located along the north side of 20th Street between V Street and the Kern Island Canal. (Staff recommends adoption of resolution and give first reading to Ordinance.) Resolution approving the general plan RES 093 -12 amendment changing the land use designation from LI (Light Industrial) to MUC (Mixed Use Commercial). 2. First Reading of Ordinance amending FR Title 17 of the Municipal Code by changing the zone district from M- 1(Light Manufacturing) to C -C (Commercial Center). C. General Plan Amendment /Zone Change No. 12 -0124; Marino /Associates, representing Todd Sweany (property owner), proposes a general plan amendment and zone change on 18.15 acres, located along the north side of Snow Road approximately 800 feet east of Jewetta Avenue. (Staff recommends adoption of resolution and give first reading to Ordinance.) Resolution approving a Negative RES094 -12 Declaration and approving the general plan amendment changing the land use designation from SR (Suburban Residential) to GC (General Commercial). 2. First Reading of Ordinance approving FR the Negative Declaration and amending Title 17 of the Municipal Code by changing the zone district from E (Estate) to C -2 /PCD (Regional Commercial /Planned Commercial Development). 1491 Bakersfield, California, August 15, 2012 - Page 18 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN d. General Plan Amendment /Zone Change No. 12 -0144; Pinnacle Civil Engineering, Inc., representing Buena Vista Land Co., LLC (property owners), has applied for a general plan amendment and zone change on 28.12 acres generally located at the southeast corner of Buena Vista Road and Panama Lane. (Staff recommends adoption of resolution and give first reading to Ordinance.) 1. Resolution adopting the Negative RES 095 -12 Declaration and approving the general plan amendment changing the land use designation from LR (Low Density Residential) to GC (General Commercial). 2. First Reading of Ordinance adopting the FR Negative Declaration and amending Title 17 of the Municipal Code by changing the zone district from R -1(One Family Dwelling) to C -2 (Regional Commercial). Consent Calendar Public Hearings opened at 8:12 p.m. At the request of Dennis Fox, Consent Calendar Public Hearing Item 9.a. was pulled for separate consideration. Consent Calendar Public Hearings closed at 8:13 p.m. Motion by Vice -Mayor Couch to adopt Consent APPROVED Calendar Public Hearings items 9.b. through 9.d. 10. CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. b. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9 (one potential case). Bakersfield, California, August 15, 2012 - Page 19 10. CLOSED SESSION continued C. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Mohamad Harb, et al. v. City, et al; KCSC Case No. S- 1500 -CV- 265887 SPC Motion by Vice -Mayor Couch to adjourn to Closed Session at 8:14 p.m. Motion by Councilmember Weir to adjourn from Closed Session at 9.19 p.m. Mayor Hall left the meeting. RECONVENED MEETING AT 9:26 p.m. 11. CLOSED SESSION ACTION a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. b. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9 (one potential case). C. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Mohamad Harb, et al. v. City, et al; KCSC Case No. S- 1500 -CV- 265887 SPC 12. HEARINGS a. Public Hearing on Resolution of Necessity to determine the public interest and necessity for acquisition of certain real property located at State Route 178 at Morning Drive, (APN # 531- 011 -06, previously APN #531-010-25) by eminent domain for the new Morning Drive and State Route 178 Interchange Project. (TRIP) (Staff recommends adoption of Resolution.) Hearing opened at 9:27 p.m. No one spoke in opposition to the staff recommendation. ACTION TAKEN APPROVED APPROVED NO REPORTABLE ACTION NO REPORTABLE ACTION STAFF WAS GIVEN DIRECTION RES 096 -12 1492 . 1493 12 13. 14. 15. Bakersfield, California, August 15, 2012 - Page 20 HEARINGS continued Item 12.a, continued Dennis Fox spoke in support of the staff recommendation and suggested having the roadway wide enough for trucks. Hearing closed at 9;30 p.m. Motion by Councilmember Weir to adopt staff's recommendation. REPORTS a. Update on Curbside Recycling Implementation b. Animal Care Services; 1. Agreement with the County of Kern for Animal Care Services from July 1, 2012 through June 30, 2013 in the amount of $740,000 plus a capital improvement contribution of up to $100,000; and the lease of real property, located at 201 South Mount Vernon Avenue, to the County. 2. Vice Mayor's appointment of two Councilmembers to serve on a newly established Joint City /County Animal Control Committee. DEFERRED BUSINESS NEW BUSINESS 16. COUNCIL AND MAYOR STATEMENTS Councilmember Benham thanked Gary Chambers from Ace Hydraulic for his donation of $12,600 to the Bakersfield Foundation, which is going to be used for exercise equipment along the Kern River Parkway on Truxtun Avenue; and she pointed out that Mr. Chambers came to us and identified the need and worked with Recreation and Parks Director Hoover and her to make it happen. Councilmember Benham referred a citizen inquiry from Hannah Austin to the Legislative and Litigation Committee. ACTION TAKEN APPROVED REMOVED BY STAFF MOVED FORWARD ON AGENDA (see page 8) 1494 Bakersfield, California, August 15, 2012 - Page 21 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Hanson asked staff to look into the feasibility of setting up a program where retired employees can pay their medical benefits on a regular basis with a credit card that is on file with the City Treasury Department. Councilmember Sullivan asked Streets Department staff to check and let her know if Ming Avenue from Wible Road to Stine Road is on the list for resurfacing. Councilmember Solos asked the City Attorney to give him a call tomorrow regarding the status on the resolution with the CRPE group. Councilmember Solos thanked Economic Development Director Kunz for everything and asked her to give him a call tomorrow regarding the status of the solar project. Vice -Mayor Couch thanked Economic Development Director Kunz for her service. 17. ADJOURNMENT Vice -Mayor Couch adjourned the meeting at 9:38 p.m. L -- CITY CLERK and Ex Off ici ' lerk of the Council of the City of Bakersfield Bakersfield, California, August 15, 2012 — Page 22 ** *THIS PAGE INTENTIONALLY LEFT BLANK * **