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Home My WebLink About02/13/13 CC MINUTES1604 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF FEBRUARY 13, 2013 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings - 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:30 p.m. ACTION TAKEN 1. ROLL CALL Present: Vice -Mayor Weir, Councilmembers Maxwell, Smith, Hanson, Sullivan, Johnson Absent: Mayor Hall 2. PUBLIC STATEMENTS None 3. CLOSED SESSION Items 3.a. and 3.b. were corrected to read: a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (d)(2)(e)(1) of Government Code Section 54956.9. (two matters). b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (d)(1) of Government Code Section 549569 regarding Reynaldo Canales v. City, et al, USDC, Eastern District Case No, 1:12 -CV- 00262 -AWI -J LT. Motion by Councilmember Hanson to adjourn to APPROVED Closed Session at 3:33 p.m. Motion by Councilmember Maxwell to adjourn from APPROVED Closed Session at 515 p.m. 4. CLOSED SESSION ACTION a, Conference with Legal Counsel - Potential STAFF WAS GIVEN Litigation; Closed Session pursuant to DIRECTION ON FIRST subdivision (d)(2)(e)(1) of Government Code MATTER, NO Section 54956.9, (two matters). REPORTABLE ACTION ON THE SECOND MATTER 160 Bakersfield, California, February 13, 2013 - Page 2 4. CLOSED SESSION ACTION continued ACTION TAKEN b. Conference with Legal Counsel - Existing CITYATTORNEYWAS Litigation; Closed Session pursuant to GIVEN DIRECTION subdivision (d)(1) of Government Code Section 54956.9 regarding Reynaldo Canales v. City, et al, USDC, Eastern District Case No. 1;12 -CV- 00262 -AWI -J LT, 5. ADJOURNMENT Vice -Mayor Weir adjourned MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officicakersfield lerk of the Council of the City REGULAR MEETING - 5:29 p.m. ROLL CALL Present: Mayor Hall, Vice -Mayor Weir, Councilmembers Maxwell, Smith, Hanson, Sullivan, Johnson Absent: None. 2. INVOCATION by Minister Cathy Shelton, Cornerstone Church. 3. PLEDGE OF ALLEGIANCE by Mia Vargas, kindergarten student at Panama Elementary School. Mayor Hall acknowledged the students from the Bakersfield College political science class in attendance at the meeting to learn about City government; and Boy Scout Troop 11 in attendance as part of their community citizens merit badge. 1606 Bakersfield, California, February 13, 2013 - Page 3 4. PRESENTATIONS ACTION TAKEN a. Presentation by Mayor Hall of a Proclamation to Caroline Kim, Ford Dimension, declaring February 17 -23, 2013, as Celebrating Autism Through Art Week. Ms. Kim accepted the Proclamation and made comments. Conner Kingsbury extended an invitation to the culmination event on February 23rd. b. Presentation by Mayor Hall of a Proclamation to Heidi Carter - Escudero, declaring February 2013, as Safely Surrendered Baby Awareness Month, Ms. Carter - Escudero accepted the Proclamation and made comments, Councilmember Johnson thanked the Safe Surrender Committee and all the partners for their hard work. 5. PUBLIC STATEMENTS a, Marvin Dean spoke regarding various agenda Items and indicated they all have a common thread, which is local Jobs and contracts. b. Michaeljoe Goldstein, CEO of MGE Underground, spoke regarding the contract for the Westside Parkway Phase 6A. C. The following individuals spoke in opposition to Alignment B through the Westpark neighborhood: Tim Stonelake, on behalf of the Westpark Homeowners Association; and Robert Braley (submitted written material). d. The following individuals spoke in support of a Human Life Ordinance: George Moreno, Sr.; Terri Palmquist; and Tim Palmquist (submitted written material). 1607 7. Bakersfield, California, February 13, 2013 - Page 4 WORKSHOPS a. TRIP Financing and TIFIA Loan Workshop. City Manager Tandy made staff comments. Finance Director Smith made staff comments and provided a PowerPoint presentation. APPOINTMENTS a. One appointment to the Keep Bakersfield Beautiful Committee, due to the resignation of Alternate Member Dorothy Vokolek (Ward 4), whose term expires November, 2014. City Clerk Gafford announced that four applications were received for this position. Motion by Councilmember Smith to appoint Brooks Douglass as the Ward 4 Alternate member, on the Keep Bakersfield Beautiful Committee, which term will expire in November, 2014. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the January 23, 2013 Regular City Council Meetings. Payments: b. Receive and file department payments from January 11, 2013 to January 31, 2013 in the amount of $16,053,959.90 and self- insurance payments from January 11, 2013 to January 31, 2013 in the amount of $444,934.06 totaling $16,498,893.96. Ordinances: C. Adoption Ordinance adopting a Negative Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from P,C, D, (Planned Commercial Development) to C -C (Commercial Center) on 1,47 acres located on the west side of Baker Street between Lake and Kentucky streets (ZC # 12 -0416 - The Kern County Housing Authority in partnership with the City. (FR 01/23/13) ACTION TAKEN APPROVED REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, February 13, 2013 - Page 5 8. CONSENT CALENDAR continued Resolutions: d. 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 authorizing collection of the assessments by the Kern County Tax Collector, e. Approval of the issuance of tax - exempt revenue bonds by the Housing Authority of the County of Kern: 1, Resolution approving the issuance by the Housing Authority of the County of Kern of rental housing bonds (not to exceed $15 million) for the purchase and rehabilitation of approximately 160 units of multi- family rental housing at 7000 Auburn Street. 2. Indemnification agreement between the City and the Housing Authority of the County of Kern. Wet Play Equipment for Siemon Park: 1, Resolution dispensing with the formal bidding procedures in the purchase of wet play equipment from Vortex Aquatic Structures International, Inc., for installation, not to exceed $150,000. 2. Appropriate $150,000 Park Development Fund balance (Central Zone 2) to the Public Works Department's Capital Improvement budget to fund purchase. ACTION TAKEN RES 008 -13 RES 009 -13 ABS JOHNSON AGR 13 -010 ABS JOHNSON REMOVED FOR SEPARATE CONSIDERATION .1: 1609 Bakersfield, California, February 13, 2013 — Page 6 8. CONSENT CALENDAR continued ACTION TAKEN g, Resolutions adding the following territories to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector: 1, Area 1 -92 (4621 Burr Street) 2. Area 4 -109 (2830 Eye Street) 3. Area 4 -110 (1228 K Street) 4. Area 4 -111 (230 Golden State Avenue) 5. Area 5 -66 (1400 So, Mt, Vernon Avenue) 6. Area 5 -67 (1800 White Lane) h. Sewer connection and construction fees assessments for 108 N. McDonald Way: 1. Resolution confirming assessments for sewer connection and construction fees and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Frank K, McDowell II Trust to pay sewer connection and construction fees in installments through the Kern County Tax Collector. Agreements: I. Agreement with Clifford and Brown (not to exceed $75,000) for legal services in connection with the acquisition of an easement for a sewer pipeline, which will become part of the City's public utility sewer system. j. Agreement with Wilson and Associates (not to exceed $46,800), to provide continuing disclosure services for various Special Assessment Districts, RES 011 -13 RES 012 -13 RES 013 -13 RES 014 -13 RES 015 -13 RES 016 -13 RES 017 -13 AGR 13 -011 AGR 13 -012 AGR 13 -013 Bakersfield, California, February 13, 2013 - Page 7 8. CONSENT CALENDAR continued k. Settlement Agreement with Bolthouse Farms ($800,000) for collection and treatment of large unreported sewer discharges. I. Kern River Weather Modification Program for the 2012/2013 season; Reimbursement Agreement with North Kern Water Storage District (not to exceed $53,253) for City's pro -rata share of costs to participate in the Program. 2. Indemnification Agreement with RHS Consulting, LTD, which indemnifies the City against actual weather modification (cloud seeding) work performed under the Program. M. Agreement with Manbar Singh and Taran Singh, Trustees of the Singh Family Trust ($7,000), to purchase property at 6640 Wlble Road for the Wible Road Widening Project. n. Amendment No. 2 to Agreement No. 11 -067 with Spence Spraying Service allowing a name change only to Allied Weed Control, Inc., for the continuance of the annual contract for chemical application, o. Amendment No. 3 to Agreement No. 99 -329 with Kern Refuse Disposal, Inc. (KRD), and Metropolitan Recycling, LLC (MRC), for assignment and assumption of lease of property within the Mt. Vernon Recycling Facility and termination of sublease between KRD and MRC. P. Amendment No. 1 to Agreement No. F12 -006 with Gould Auction & Appraisal Company ($60,000; revised not to exceed $100,000 and extend term one year), to continue the annual contract for auctioneer services. ACTION TAKEN AGR 13 -014 AGR 13 -015 AGR 13 -016 AGR 13 -017 DEED 7589 AGR 11- 067(2) AGR 99- 329(3) AGR 13 -018 1610 � 1611 Bakersfield, California, February 13, 2013 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN q. Amendment No. 1 to Agreement No. 12 -100 with Chelsea Investment Corporation to use $1,200,000 in housing or HOME Investment Partnership (HOME) funds and $830,232 from Neighborhood Stabilization Program (NSP) III funds as a Predevelopment Loan for the development and construction of the Mill Creek Courtyard Senior Residences located at 1303 S Street. r. Amendment No. 1 to Agreements with the following property owners to pay sewer connection and construction fees in installments through the Kern County Tax Collector: 1. Agreement No. 12 -025 - John S. & Elaine M. Thompson, 7904 Hooper Ave. 2, Agreement No. 12 -027 - Timothy & Rhonda L. Roshau, 7908 Hooper Ave. 3. Agreement No. 12 -030 - Charles H. & Donna J. Broughton, 8001 Hooper Ave. Bids: S. Accept bld from Golden State Peterbilt ($619,687.03), for two replacement front loading refuse trucks for the Public Works Department, Solid Waste Division. t. Accept bids from McCaln, Inc. ($60,189.52), and DDL Traffic, Inc. ($2,531.63), for traffic signal equipment. Total bid amount is $62,721.15. U. Accept bid and approve contract with Pacific Coast Excavation, Inc. ($170,309), for the Storm Drain Improvements within existing Tract 5084 (Las Entradas, Calle Alisos and Calle Elegance). REMOVED FOR SEPARATE CONSIDERATION AGR 12- 025(1) AGR 12- 027(1) AGR 12- 030(1) REMOVED FOR SEPARATE CONSIDERATION AGR 13 -019 8. Bakersfield, California, February 13, 2013 - Page 9 CONSENT CALENDAR continued ACTION TAKEN V. Mohawk Street Improvements from Rosedale Highway to Siena Lane; 1, Approve Design Consultant AGR 13 -020 Agreement with Ruettgers & Schuler ($236,100) to provide final engineering design services. 2. Appropriate $194,000 Transportation Development fund balance to the Public Works Department's Capital Improvement Budget for funding of consultant agreement. Miscellaneous: W. Revised job specifications for Fire Captain - # 67180 and Fire Engineer - # 32150. X. Department of Housing & Urban Development REMOVED FOR (HUD) Fiscal Year 10 /11 Action Plan SEPARATE Amendment No. 9 and Fiscal Year 12/13 Action CONSIDERATION Plan Amendment No. 3. Successor Agency Business: Y. Receive and file successor agency payments from January 11, 2013 to January 31, 2013 in the amount of $388,151,83. Councilmember Johnson announced he would abstain, due to source of income, on items 8.c. and 8.e. Councilmember Johnson requested that items 8.q. and 8.x. be removed for separate consideration. Councilmember Maxwell requested that items 8.c. and 8.s. be removed for separate consideration. Vice -Mayor Weir requested that item 81 be removed for separate consideration. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar items 8.a. through 8. y., with the removal of items 8. c., 8.f., 8. q., 8.s., and 8.x. for separate consideration. 1612 1613 8. Bakersfield, California, February 13, 2013 - Page 10 CONSENT CALENDAR continued ACTION TAKEN C, Adoption Ordinance adopting a Negative ORD 4718 Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from P.C. D. (Planned Commercial Development) to C -C (Commercial Center) on 1,47 acres located on the west side of Baker Street between Lake and Kentucky streets (ZC # 12 -0416 - The Kern County Housing Authority in partnership with the City. (FR 01/23/13) Councilmember Maxwell stated that he would like to clarify his position regarding this item, and that he is philosophically not in favor of this type of spending because he believes it is not really the foundation of governmental responsibility, and he would feel better if the community was coming together and building this project. Motion by Councilmember Maxwell to adopt Consent APPROVED Calendar Item 8.c. ABS JOHNSON Wet Play Equipment for Siemon Park; 1. Resolution dispensing with the formal RES010 -13 bidding procedures in the purchase of wet play equipment from Vortex Aquatic Structures International, Inc., for installation, not to exceed $150,000, 2, Appropriate $150,000 Park Development Fund balance (Centra Zone 2) to the Public Works Department's Capital Improvement budget to fund purchase. Vice -Mayor Weir advised he wanted to publicly acknowledge Public Works and Parks for expediting this process. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar Item 81 8. Bakersfield, California, February 13, 2013 - Page 11 CONSENT CALENDAR continued q. Amendment No. 1 to Agreement No. 12 -100 with Chelsea Investment Corporation to use $1,200,000 in housing or HOME Investment Partnership (HOME) funds and $830,232 from Neighborhood Stabilization Program (NSP) III funds as a Predevelopment Loan for the development and construction of the Mill Creek Courtyard Senior Residences located at 1303 S Street. Motion by Vice -Mayor Weir to adopt Consent Calendar Item 8.q. Accept bid from Golden State Peterbilt ($619,687.03), for two replacement front loading refuse trucks for the Public Works Department, Solid Waste Division. Motion by Councilmember Maxwell to defer Consent Calendar Item 8.s. to the next City Council meeting in order to allow time to look into how the City is depreciating its vehicles and also to take a look at exactly what is being replaced. X. Department of Housing & Urban Development (HUD) Fiscal Year 10 /11 Action Plan Amendment No. 9 and Fiscal Year 12/13 Action Plan Amendment No. 3, Motion by Vice -Mayor Weir to adopt Consent Calendar Item 8.x. 9. CONSENT CALENDAR PUBLIC HEARINGS a. General Plan Amendment /Zone Change No. 12 -0264; Scott Underhill, representing Bruce and Melanie Lynn, (property owners) has applied for a general plan amendment and zone change on 48,780 square feet generally located 150 feet south of the southwest corner of Oswell Street and Bernard Street. (Staff recommends adoption of Resolution and first reading of the Ordinance.) ACTION TAKEN AGR 12- 100(1) APPROVED NOES JOHNSON APPROVED APPROVED NOES JOHNSON REMOVED FOR SEPARATE CONSIDERATION SEE PAGES 16 -18 1614 1615 Bakersfield, California, February 13, 2013 - Page 12 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN Item 9,a, continued 1. Resolution adopting the Negative Declaration and approving the general plan amendment changing the land use designation from OC (Office Commercial) to GC (General Commercial), 2. First Reading of Ordinance adopting a Negative Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from C -O (Professional and Administrative Office) to C -1 (Neighborhood Commercial), b. General Plan Amendment /Zone Change No. 12 -0286, Advanced Geomatics Engineering, representing Rajvir Singh Gill et al, (property owners) has applied for a general plan amendment and zone change on approximately one acre located along the west side of South Union Avenue, approximately 400 feet north of Panama Lane. (Staff recommends adoption of Resolution and first reading of the Ordinance.) 1, Resolution adopting the Negative RES 019 -13 Declaration and approving the general plan amendment changing the land use designation from LR (Low Density Residential) to HMR (High Medium Density Residential), 2, First Reading of Ordinance adopting a FR Negative Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -1 (One Family Dwelling) to R -2 /PUD (Limited Multiple Family /Planned Unit Development), Bakersfield, California, February 13, 2013 - Page 13 9. CONSENT CALENDAR PUBLIC HEARINGS continued C. General Plan Amendment No, 12 -0349; McIntosh & Associates, representing Black Ops Real Estate, LLC (property owners), has applied for a general plan amendment on 27,36 acres and a zone change on 56.19 acres located south of Panama Lane, approximately 700 feet west of Stine Road on the west side of Farmers Canal, (Staff recommends adoption of Resolution and first reading of the Ordinance.) 1, Resolution adopting the Negative Declaration and approving the general plan amendment changing the land use designation from LR (Low Density Residential) to HMR (High Medium Density Residential) on 27.36 acres. 2. First Reading of Ordinance adopting a Negative Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -1 (One Family Dwelling) to R -2 (Limited Multiple Family Dwelling) on 56,19 acres, d. General Plan Amendment /Zone Change No. 12 -0355; Marino /Associates, representing Kerfoot Family Trust, (property owners) has applied for a general plan amendment and zone change on 14.14 acres located along the south side of Taff Highway, approximately 1/a mile west of Stine Road, (Staff recommends adoption of Resolution and first reading of the Ordinance.) Resolution adopting the Negative Declaration and approving the general plan amendment changing the land use designation from LR (Low Density Residential) to GC (General Commercial), ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION SEE PAGES 16 -18 RES 021 -13 1616 1617 Bakersfield, California, February 13, 2013 - Page 14 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN Item 9.d. continued 2. First Reading of Ordinance adopting a FR Negative Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -1 (One Family Dwelling) to C -2 /PCD (Regional Commercial /Planned Commercial Development), e. General Plan Amendment /Zone Change No. 12 -0373; McIntosh & Associates, representing Buckey Family L.P. (property owners), proposes a general plan amendment and zone change on 27,56 acres at the southeast corner of Snow Road and Quail Creek Road, (Staff recommends adoption of Resolution and first reading of the Ordinance.) 1, Resolution adopting a Negative RES 022 -13 Declaration and approving the general plan amendment changing the land use designation from R -IA (Resource - Intensive Agriculture) to SR (Suburban Residential), 2. First Reading of Ordinance adopting a FR Negative Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from A (Agriculture) to E (Estate). Consent Calendar Public Hearings Items 9.a. through 9.e. opened at 6:50 p,m, Consent Calendar Public Hearings Items 9,a. and 9,c, were removed for separate consideration. Consent Calendar Public Hearings Items 9.b., d„ and e, closed at 6:51 p.m, Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar Public Hearings Items 9.b., d., and e. 1618 Bakersfield, California, February 13, 2013 — Page 15 10. HEARINGS ACTION TAKEN a, General Plan Amendment /Zone Change No. 12 -0372; McIntosh & Associates, representing Black Ops Real Estate, LLC (property owners), has applied for a general plan amendment and zone change on 20,41 acres located on the north side of Rosedale Highway, 660 feet west of Allen Road. 1. Resolution adopting the Negative RES 023 -13 Declaration, denying the appeals and approving the general plan amendment changing the land use designation from SR (Suburban Residential), LR (Low Density Residential) and LMR (Low Medium Density Residential) to HMR (High Medium Density Residential). 2, First Reading of Ordinance adopting a FR Negative Declaration, denying the appeals and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from E (Estate) and R -1 -CH (One Family Dwelling with Church Overlay) to R -2 /PUD (Limited Multiple Family Dwelling /Planned Unit Development), Councilmember Smith announced he would abstain, due to a conflict of interest, having interest in real property nearby, on Hearing Item 10.a., and he left the Council Chamber. Community Services Director Mclsaac made staff comments, provided a PowerPoint presentation, announced that a staff memorandum was received with four letters (David Brown, Carol Bender, and Jonathan Geersen, including a petition that was signed by a considerable number of the homeowners and residents in the surrounding area) and a staff memorandum was received from the Public Works Director recommending building a block wall to block off Phairfield Street; and recommended adoption of the Resolution and first reading of the Ordinance. Hearing Item 10.a, opened at 6:58 p,m. 1619 ILI Bakersfield, California, February 13, 2013 — Page 16 HEARINGS continued Item 10.a, continued Jonathan Geersen, Philippe Heglin, Darlene Denison, and Bonnie Lynn Patman spoke in opposition to the staff recommendation, Roger McIntosh, representing Black Ops, spoke in support of the staff recommendation. Jonathan Geersen spoke in opposition rebuttal to the staff recommendation, added nine more signatures to the petition, and submitted two pages of petitions. Roger McIntosh spoke in support rebuttal of the staff recommendation. Hearing Item 10.a, closed at 7:32 p,m, Councilmember Johnson suggested that the City Council limit the project to 200 units and restrict the homes on the north side of Lisa Marie to single story. Roger McIntosh indicated that the applicant would accept these recommendations, Motion by Vice -Mayor Weir to uphold the appeal of the PUD, deny the other appeals, and approve the General Plan Amendment with the condition of 200 units, single story buildings along the north side of Lisa Marie, and the first reading of the ordinance, as well as incorporate the February 13, 2013 memo from the Public Works Director. Recess taken from 7:59 p.m. to 8:07 p.m. Councilmember Smith returned to the Chamber. 9. CONSENT CALENDAR PUBLIC HEARINGS continued a. General Plan Amendment /Zone Change No, 12 -0264; Scott Underhill, representing Bruce and Melanie Lynn, (property owners) has applied for a general plan amendment and zone change on 48,780 square feet generally located 150 feet south of the southwest corner of Oswell Street and Bernard Street, (Staff recommends adoption of Resolution and first reading of the Ordinance.) ACTION TAKEN APPROVED ABS SMITH THIS ITEM WAS REMOVED FROM PAGE I 1 Bakersfield, California, February 13, 2013 - Page 17 9. CONSENT CALENDAR PUBLIC HEARINGS continued Item 9,a. continued Resolution adopting the Negative Declaration and approving the general plan amendment changing the land use designation from OC (Office Commercial) to GC (General Commercial), 2. First Reading of Ordinance adopting a Negative Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from C -O (Professional and Administrative Office) to C -1 (Neighborhood Commercial), C. General Plan Amendment No. 12 -0349; McIntosh & Associates, representing Black Ops Real Estate, LLC (property owners), has applied for a general plan amendment on 27.36 acres and a zone change on 56.19 acres located south of Panama Lane, approximately 700 feet west of Stine Road on the west side of Farmers Canal, (Staff recommends adoption of Resolution and first reading of the Ordinance.) Resolution adopting the Negative Declaration and approving the general plan amendment changing the land use designation from LR (Low Density Residential) to HMR (High Medium Density Residential) on 27.36 acres. 2. First Reading of Ordinance adopting a Negative Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -1 (One Family Dwelling) to R -2 (Limited Multiple Family Dwelling) on 56.19 acres. Consent Calendar Public Hearings Items 9.a. and 9.c. opened at 6;50 p,m. ACTION TAKEN RES 018 -13 FR THIS ITEM WAS REMOVED FROM PAGE 13 RES 020 -13 FR 1620 .1621 Bakersfield, California, February 13, 2013 - Page 18 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN No one spoke. Consent Calendar Public Hearings Items 9,a, and 9.c. closed at 8:07 p.m. Vice -Mayor Weir made a motion to adopt Consent Calendar Public Hearings Items 9. a. and 9. c. Councilmember Smith requested that a condition be placed on Item 9.c. that the project ties the sidewalk to the existing sidewalk to the east for pedestrian access. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar Public Hearings Items 9. a. and 9. c., with the friendly amendment to item 9.c. requested by Councilmember Smith regarding the sidewalks. 11. REPORTS None. 12. DEFFERED BUSINESS None. 13. NEW BUSINESS None, 14. COUNCIL AND MAYOR STATEMENTS Councilmember Johnson announced he received a letter and a check from State Farm Insurance in response to a grant that the Police Department applied for to deal with the high amount of vehicle thefts in Bakersfield, which he provided to Chief Williamson to run through the process. Councilmember Maxwell asked staff to provide him with clarification regarding a code violation regarding advertising on the windows at a business located at 2305 Chester Avenue. Councilmember Maxwell asked staff to look at the possibility of altering the plans for the Rosedale Highway expansion by putting in an entrance off of Mohawk for the businesses on Parker Road, as opposed to having 0 off of Rosedale, and he provided petitions signed by all of the people who have businesses on that street. Bakersfield, California, February 13, 2013 - Page 19 14. COUNCIL AND MAYOR STATEMENTS continued Councilmember Maxwell asked staff to work with the owner /management of Costco on Rosedale Highway to address better access in and out of the east side of the business. Councilmember Sullivan asked staff to look at the cutout for the entrance on Park Circle to see if it would be possible to put in a sidewalk, and to let her know approximately when it could be done. Councilmember Sullivan thanked Mayor Hall for writing the letter to Assemblyman Salas regarding help with the funding for the upcoming Ward 1 Special Election. Councilmember Smith asked staff to create a positive vision for the extra land in the neighborhood of the Centennial Corridor. Councilmember Smith thanked staff for the safety improvements for road users with the most recent bike lanes and shared lane markings in the construction zones. 15. ADJOURNMENT Mayor Hall adjourned the meeting at 8:17 p.m. MAYOR of the City of Bakersfield, ATTEST; CITY CLERK and Ex Offic o Jerk of the Council of the City of Bakersfield ACTION TAKEN 1622 1623 Bakersfield, California, February 13, 2013 — Page 20 * ** *THIS PAGE INTENTIONALLY LEFT BLANK****