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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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)
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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.
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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.
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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).
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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
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