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HomeMy WebLinkAbout10/16/13 CC MINUTES1 8011} BAKERSFIELD CITY COUNCIL MINUTES MEETING OF OCTOBER 16, 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 Rivera, Maxwell, Smith, Hanson, Sullivan, Johnson (seated at 3:35 p.m.) Absent: Mayor Hall 2. PUBLIC STATEMENTS Pastor Max Van Dyke, from Christ Cathedral Church, spoke in support of a Human Life Ordinance, 3. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956,9 (d)(1) for the following: 1. City v. County of Kern, et al. FCSC Case No, 13CECGO2817 DJK (Fresno County), 2. City v, County of Kern, et al, KCSC Case No, 13 C 0180 (Kings County). 3. MBO Insurance Brokers, Inc. v, City, et al. KCSC Case No. S- 1500 -CV- 279949, SPC, b. Conference with Labor Negotiator pursuant to Government Code section 54957.6. Motion by Councilmember Hanson to adjourn to APPROVED Closed Session at 3:38 p.m. AB HALL Motion by Councilmember Maxwell to adjourn from APPROVED fr> Closed Session at 5:17 p.m. AB HALL 1L'0,? Bakersfield, California, October 16, 2013 - Page 2 4. CLOSED SESSION ACTION ACTION TAKEN a. Conference with Legal Counsel - Existing Litigation, Closed Session pursuant to Government Code Section 54956,9 (d)(1) for the following: 1, City v. County of Kern, et al, FCSC Case NO REPORTABLE No, 13CECGO2817 DJK (Fresno County), ACTION 2. City v, County of Kern, et al. KCSC Case NO REPORTABLE No, 13 C 0180 (Kings County), ACTION CITY ATTORNEY WAS 3. MBO Insurance Brokers, Inc, v, City, et al. GIVEN DIRECTION TO KCSC Case No. S- 1500 -CV- 279949, SPC, FILE THE NECESSARY CROSS COMPLAINTS b, Conference with Labor Negotiator pursuant to STAFF WAS GIVEN Government Code section 54957,6, DIRECTION 5. ADJOURNMENT Vice -Mayor Weir adjourned the meeting at 5:24 p.m. MAYOR of the City of Bakersfield, ATTEST: 41e�uz - CITY CLERK and Ex Officio C of the Council of the City of Bakersfield REGULAR MEETING - 5:25 p.m. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Hanson, Sullivan, Johnson Absent: None. 2. INVOCATION by Pastor Mitch Minson, Daybreak Baptist Church, 10 �. Bakersfield, California, October 16, 2013 - Page 3 3. PLEDGE OF ALLEGIANCE by Christina Pelayo, 6m grade ACTION TAKEN student at Sequoia Middle School. Mayor Hall acknowledged the students from the Bakersfield College Political Science class in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of Certificate of Appreciation to Jacob Panero, representative of Metropolitan Recycling, for providing sponsorship funding to support the cooperative effort by the City, Keep Bakersfield Beautiful, and the Bakersfield Homeless Center to remove litter along freeway frontages, Mr, Panero accepted the Certificate and made comments, b. Presentation by Mayor Hall of a Proclamation to Robert Duchow, Public Affairs Manager, Southern California Gas Company, declaring October 2013, Energy Awareness Month. Mr. Duchow accepted the Proclamation and made comments, C. City Manager Tandy introduced Jon Dorman from AEG, the new manager for the arena, convention center, ice rink, and amphitheater; and Mr, Dorman made comments. 5. PUBLIC STATEMENTS a, Kevin Bartl, Vice - Chairman of the Board of the Downtown Business Association; and Bob Bell, representing the Downtown Bakersfield Development Corporation, spoke in support of Consent Calendar Item 8,e, regarding the downtown Urban Greening Planning Grant Program. b. The following individuals spoke regarding Deferred Business Item 12.a., Consultant Agreement with Cornerstone Engineering, Inc„ and in support of the cul -de -sacs on the tree streets: Jeff Lemucchi, Wayne Kress, and Dominique Minaberrigarai, Bakersfield, California, October 16, 2013 - Page 4 5. PUBLIC STATEMENTS continued ACTION TAKEN C. Robert Braley spoke regarding the Centennial Corridor Project, feels this project should be put before the voters In the form of a ballot measure, and submitted written material. d. The following individuals spoke regarding Reports Item l l .a., Animal Control Update; Judi Daunell, President of the Friends of the Kern County Animal Shelters Foundation, urged City Animal Control to accept animals based on where the animal is found rather than on residency, and offered the Friends Foundation's assistance with support of the animals In the shelter; Liz Keogh, also urged the City to accept animals based on where they are found, and submitted written material; and Janice Anderson, owner of Anderson Acres, thanked the City for its participation in Responsible Dog Ownership Day, and urged the various agencies to work together to find a cohesive manner in which to operate both facilities to service the citizens and animals of Kern. e. The following individuals spoke in support of a Human Life Ordinance; Tim Palmquist (submitted written material), Terri Palmquist, Amparo Kinnsch (submitted written material), Mark Kinnsch, D.M.D. (submitted written material), Joel Torczon, Genevieve Zuniga, Vanessa Gaivan, and Carlotta Fondren. The following Individuals spoke in opposition to a Human Life Ordinance; Candi Easter, Chairman of the Kern County Democratic Party, Jane Prewett; Seven Bates; Julia Gonzalez; Camila Chavez, Executive Director of the Dolores Huerta Foundation; Amanda Moced, a local attorney; Andy Kendall, Nora Luttrell (submitted written material); Pedro Elias (submitted written material); Rafaela Renati; Diana Vazquez; and Daniel Landeros. 6. WORKSHOPS None. Bakersfield, California, October 16, 2013 - Page 5 7. APPOINTMENTS a. One appointment to the Keep Bakersfield Beautiful Committee due to the resignation of Alternate Member Sean Battle (Ward 1) whose term expires November 2014. One application was received for this appointment. Motion by Councilmember Rivera to appoint Isaiah Crompton as Alternate Member, term expiring November, 2014, on the Keep Bakersfield Beautiful Committee. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 25, 2013, Regular City Council Meetings. Payments: b. Receive and file department payments from September 13, 2013, to October 2, 2013, in the amount of $16,272,344.27 and self- Insurance payments from September 13, 2013, to October 2, 2013, in the amount of $350,358.44 totaling $16,622,702.71. Ordinances: C. First Reading of Ordinance amending Chapter 15,65 of the Municipal Code relating to the California Fire Code, Resolutions: d. Resolution authorizing the sale ($2,500) of a surplus Ford Van to the Bakersfield Homeless Center. e. Resolution approving the application for grant funds for the Urban Greening Planning Grant Program, f. Resolution determining that the Chief of Police Is appointed as agent authorized to execute Memorandums of Understanding with the Kern allied agencies participating in the Kern AVOID 18 Project funded by a grant from the California Office of Traffic Safety. ACTION TAKEN APPROVED FR RES 127 -13 REMOVED FOR SEPARATE CONSIDERATION RES 129 -13 1810 1811 Bakersfield, California, October 16, 2013 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN g. Resolution determining that hockey spectator netting system cannot be obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $77,000. h. Resolutions adding the following territories to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Reports and authorizing collection of assessments by the Kern County Tax Collector: 1. Area 2 -54 (1100 Valhalla Drive), 2. Area 5 -68 (2100 Panama Lane). Resolution of Intention No, 1764 to add territory, Area 5 -69 (601 Tollhouse Drive), to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting Public Works Director's Report. Resolution of Intention No, 1762 ordering the vacation of an alley located in Block 527, between 28th Street and 29th Street, east of Chester Avenue, Resolution of Intention No, 1763 ordering the vacation of the 29 -foot alley running north -south in Block 9 of the Kruse Tract, between U Street and V Street, south of Truxtun Avenue, Agreements: Agreement with Bakersfield Senior Center, Inc, ($85,000), of Community Development Block Grant funds for operational expenses at 530 4th Street. M. Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract 6448 Unit 11 located south of Stockdale Highway and west of Renfro Road, REMOVED FOR SEPARATE CONSIDERATION RES 131 -13 RES 132 -13 ROI 1764 ROI 1762 ROI 1763 AGR 13 -167 AGR 13 -168 Bakersfield, California, October 16, 2013 - Page 7 B. CONSENT CALENDAR continued n. Amendment No. 1 to Agreement No. PW12 -055 with PI-Cs Plus International, Inc. ($50,000; revised not to exceed $90,000), for Supervisory Control and Data Acquisition (SCADA) system support and maintenance services for Wastewater Treatment Plants No. 2 and 3. o. Amendment No. 2 to Agreement No. 11 -124 with RM Industries ($50,400; revised not to exceed $151,200 and extend term one year), for continued supply of janitorial services at the Amtrak Station. P. Amendment No. 1 to Agreement No. CAI 2-013 with California Eminent Domain Law Group, APC ($40,000; revised not to exceed $65,000), to provide outside legal services in the matter of City v. Anthony C. Evans and Carol Ross Evans, etc., et al. q. Contract Change Order No. 52 to Agreement No. 08 -214 with Security Paving Company, Inc. ($112,038.24; revised not to exceed $28,272,738.57; change order funded with utility surcharge fees), for the construction of the Westside Parkway Phase 1 Project. (TRIP) r. Contract Change Order No. 2 to Agreement No. 13 -093 with Bowman Asphalt Inc. ($18,395,37; revised not to exceed $739,416.27) for the project known as Pavement Rehabilitation 2013 Phase 3 at Dr. Martin Luther King Jr. Boulevard from Wilkins Street to East California Avenue, Bids: S. Reject all bids for drilling three small diameter domestic water pump test wells at future Water Well Nos. CBK -56, CBK -57 and CBK -58. t. Accept bid with Jim Burke Ford ($103,921.42) for three replacement one ton crew cab pickups for use by the Recreation and Parks Department. U. Accept bid and approve contract with Pacific West Sound (375,970.56), for dimmer panel replacement at the Rabobank Theater & Convention Center, ACTION TAKEN AGR 13 -169 AGR 11- 124(2) AGR 13 -170 AGR 08 -214 CCO52 AGR 13 -093 CCO2 REMOVED FOR SEPARATE CONSIDERATION AGR 13 -171 1812 1813 Bakersfield, California, October 16, 2013 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN V. Accept bid and approve contract with Crosstown Electrical and Data ($303,630), for the installation of Traffic Signal Synchronization Part 3 Project. W. Accept bid and approve contract with Crosstown Electrical and Data ($326,500), to relocate and upgrade Traffic Operations Center. X. Accept bid and approve contract with Zim Industries, Inc., dba Bakersfield Well and Pump Company (not to exceed $170,000), for on -call services for maintenance and repair of the City's agricultural and domestic water wells. Y. Accept bid and approve contract with Kern Asphalt Paving & Sealing Company ($338,900), for the Municipal Airport Runway 16 -34 and Taxiway A Rehabilitation and Replace Rotating Beacon. Miscellaneous: Z. Appropriate $36,090 Federal Safe Route to Schools grant funds and $4,010 Gas Tax Fund balance to the Public Works Department's Capital Improvement Budget within respectively the SAFETEA -LU Fund and Gas Tax Fund for the Benton Street Flashing Beacon Project. aa. City Council Goals: Inclusion of additional language in support of local street maintenance, resurfacing and road construction projects. (Staff recommends the addition of language to the City Council Goals to reinforce the financial support for local street maintenance, resurfacing and road construction projects, as requested by the Budget and Finance Committee and the City Council.) bb. Distribution of $716,158 from the Board of State and Community Corrections to the municipalities, contract cities and special districts in Kern County in accordance with the terms agreed upon by the Chiefs of Police of each City and special district within Kern County and the Kern County Sheriff, AGR 13 -172 AGR 13 -173 AGR 13 -174 REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, October 16, 2013 - Page 9 8. CONSENT CALENDAR continued Successor Agency Business: CC. Receive and file successor agency payments from September 13, 2013, to October 2, 2013, in the amount of $529,111.06. Assistant City Clerk Drimakis announced that a supplemental memorandum has been provided by staff regarding Item 8,aa„ with revised wording for the Administrative Report, Councilmember Rivera requested that item 8.y. be removed for separate consideration. Councilmember Maxwell requested that Items 8.e., 81, and 8.aa. be removed for separate consideration. Councilmember Johnsons requested that item 8.g. be removed for separate consideration. Motion by Vice -Mayor Weir to adopt Consent Calendar items 8.a. through 8. cc., with the removal of items 8.g., 8. y. 8.e., 8. t., and 8.aa. for separate consideration. g. Resolution determining that hockey spectator netting system cannot be obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $77,000. Councilmember Johnson advised that he would be voting no on this item because he feels $77,000 for a netting system is an inappropriate amount of money to spend without it going out to full bid. Motion by Vice -Mayor Weir to adopt Consent Calendar item 8.g. e. Resolution approving the application for grant funds for the Urban Greening Planning Grant Program, Motion by Councilmember Maxwell to adopt Consent Calendar item 8.e., and directed staff that if they are successful in receiving the grant, they should concentrate on the lighting aspect. ACTION TAKEN APPROVED RES 130 -13 APPROVED NOES JOHNSON RES 128 -13 GT ».Z*]L4C Pi4 1�i5 8. Bakersfield, California, October 16, 2013 - Page 10 CONSENT CALENDAR continued Accept bid with Jim Burke Ford ($103,921,42) for three replacement one ton crew cab pickups for use by the Recreation and Parks Department, Councilmember Maxwell advised that, with regard to future vehicle replacements, he would like to have more information provided to the City Council about the vehicles that are being replaced. Motion by Councilmember Maxwell to adopt Consent Calendar item 8. t. Y. Accept bid and approve contract with Kern Asphalt Paving & Sealing Company ($338,900), for the Municipal Airport Runway 16 -34 and Taxiway A Rehabilitation and Replace Rotating Beacon, Councilmember Rivera made a motion to postpone this item until the next Council meeting. Councilmember Rivera withdrew his motion to postpone and requested that the City refrain from applying for more Federal grants, or, at the very least, include him in any future conversations regarding the airport. Motion by Councilmember Rivera to adopt Consent Calendar item 8. y. aa. City Council Goals; Inclusion of additional language in support of local street maintenance, resurfacing and road construction projects. (Staff recommends the addition of language to the City Council Goals to reinforce the financial support for local street maintenance, resurfacing and road construction projects, as requested by the Budget and Finance Committee and the City Council.) Motion by Councilmember Maxwell to adopt Consent Calendar item 8.aa. 9. CONSENT CALENDAR PUBLIC HEARINGS a, Public Hearing to consider First Reading of Ordinance amending Chapter 14.12 Title 14 of the Municipal Code relating to sewers, (Staff recommends First Reading of Ordinance.) ACTION TAKEN APPROVED AGR 13 -175 APPROVED APPROVED FR G•] Bakersfield, California, October 16, 2013 - Page 11 CONSENT CALENDAR PUBLIC HEARINGS continued b. Public Hearing to consider First Reading of Ordinance granting to Southern California Gas Company and its successors and assigns a Franchise to construct, maintain and use pipes and appurtenances for transmitting and distributing gas within the City for any and all purposes, (Staff recommends First Reading of Ordinance.) C. Public Hearing to consider approval of the issuance of tax - exempt revenue bonds by the Housing Authority of the County of Kern: (Staff recommends adoption of Resolution and approval of agreement.) Resolution approving the Issuance by the Housing Authority of the County of Kern of multi - family housing bonds (not to exceed $6,5 million) for the construction of approximately 56 units of multi - family rental housing at 400 201h Street. 2, Indemnification agreement between the City and the Housing Authority of the County of Kern. d. Public Hearing to consider General Plan Amendment /Zone Change No. 13 -0125; Smith Tech USA, representing Wible Investors Il, (property owner) has applied for a general plan amendment and zone change on 5.89 acres located along the north side of Taff Highway approximately 900 feet west of Wible Road. (Staff recommends adoption of Resolutions and First Reading of Ordinance.) 1. Resolution adopting a Negative Declaration, 2. Resolution approving the general plan amendment changing the land use designation from OC (Office Commercial) to HR (High Density Residential), 3. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district C -O (Professional and Administrative Office) to R -3 (Multiple Family Dwelling). ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION RES 133 -13 ABS JOHNSON AGR 13 -176 ABS JOHNSON RES 134 -13 ABS SMITH RES 135 -13 ABS SMITH FR ABS SMITH 1815 18 i `? 0 Bakersfield, California, October 16, 2013 - Page 12 CONSENT CALENDAR PUBLIC HEARINGS continued e. Public Hearing to consider General Plan Amendment /Zone Change No. 13 -0127; Bolthouse Properties LLC, (property owner) has applied for a general plan amendment and zone change on 80 acres located at the southeast corner of Stockdale Highway and Heath Road. (Staff recommends adoption of Resolutions and First Reading of Ordinance.) 1. Resolution adopting a Negative Declaration, 2. Resolution approving the general plan amendment changing the land use designation from HR (High Density Residential) to LR (Low Density Residential) and HMR (High Medium Density Residential) to HR (High Density Residential), 3. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -3 (Multiple Family Dwelling) to R -1 (One Family Dwelling) and R -2 (Limited Multiple Family Dwelling) to R -3 (Multiple Family Dwelling). Public Hearing to consider the City requesting a General Plan Amendment and Zone Change No. 13 -0234 at various park locations throughout the Metropolitan area (Staff recommends adoption of Resolution and First Reading of Ordinance.) Resolution approving the general plan amendment changing the land use designation from various designations to OS (Open Space) and OS -P (Parks and Recreation) and changing the Kern River Plan Element land use designation to 31 (Public and Private Recreation Area) as shown on attached maps. A finding that the project is exempt from CEQA will also be considered. ACTION TAKEN RES 136 -13 RES 137 -13 FR REMOVED FOR SEPARATE CONSIDERATION 1828 Bakersfield, California, October 16, 2013 - Page 13 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN Item 9,f. continued 2. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the various zone districts to OS (Open Space) and RE (Recreation) as shown on attached map. g. Public Hearing to consider General Plan Amendment /Zone Change No. 13 -0243; McIntosh & Associates, representing Mt. Vernon Properties, LLC, (property owner) has applied for a general plan amendment to the Circulation Map and Bikeway Master Plan Map along College Avenue, generally between Fairfax Road and Morning Drive. (Staff recommends adoption of Resolution.) Resolution approving the general plan RES 139 -13 amendment to the Circulation Element and Bikeway Master Plan Map to re -align a portion of College Avenue to the north and extend a future southern collector street north to connect with College Avenue. A finding that the project is exempt from the California Environmental Quality Act is also considered. Assistant City Clerk Drimakis announced that a supplemental memorandum has been provided by staff regarding Consent Calendar Public Hearings Item 9.f., with more detailed maps. Consent Calendar Public Hearings opened 7;14 p.m. Councilmember Johnson announced that he would abstain, due to perception of a conflict of interest, on item 9.b., and on item 9.c.1. and 2., due to source of income to himself; and he requested that item 9.f. be removed for separate consideration. Councilmember Rivera requested that item 9.b. be removed for separate consideration. Councilmember Smith announced that he would abstain, due to conflict of interest, an interest in real property, on item 9.d. 1.8 .9 Bakersfield, California, October 16, 2013 - Page 14 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN Item 9.g. continued No one spoke. Consent Calendar Public Hearings Items 9.a., 9.c., 9.e., and 9.g. closed at 7:16 p.m. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar Public Hearings items 9.a. through 9.g., with the removal of items 9.b. and 91 for separate consideration. 10. HEARINGS None. 9. CONSENT CALENDAR PUBLIC HEARINGS continued b. Public Hearing to consider First Reading of FR Ordinance granting to Southern California Gas Company and its successors and assigns a Franchise to construct, maintain and use pipes and appurtenances for transmitting and distributing gas within the City for any and all purposes. (Staff recommends First Reading of Ordinance.) Hearing opened at 7:17 p.m. No one spoke. Hearing closed at 7:17 p.m. Councilmember Rivera advised that he will be voting no on this item because, as a matter of principal, he does not believe the rate payers should have to bear the brunt of any more costs than they already pay. Councilmember Maxwell advised that he is in agreement with Councilmember Rivera's position, and he also will be voting no on this item. Motion by Vice -Mayor Weir to adopt Hearing APPROVED item 9.b. NOES RIVERA, MAXWELL ASS JOHNSON 1.820 Bakersfield, California, October 16, 2013 — Page 15 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN f. Public Hearing to consider the City requesting a General Plan Amendment and Zone Change No, 13 -0234 at various park locations throughout the Metropolitan area (Staff recommends adoption of Resolution and First Reading of Ordinance.) 1, Resolution approving the general plan RES 138 -13 amendment changing the land use designation from various designations to OS (Open Space) and OS -P (Parks and Recreation) and changing the Kern River Plan Element land use designation to 3.1 (Public and Private Recreation Area) as shown on attached maps, A finding that the project Is exempt from CEQA will also be considered, 2. First Reading of Ordinance amending FR the Official Zoning Map in Title 17 of the Municipal Code by changing the various zone districts to OS (Open Space) and RE (Recreation) as shown on attached map. Hearing opened at 7:32 p.m, No one spoke. Hearing closed at 7 :32 p,m, Motion by Councilmember Johnson to adopt APPROVED Hearing item 91, with the caveat that the greenbelt east of South H, south of Calcutta, be brought back as a zone change at a future meeting. Mayor Hall recessed the meeting at 7 :35 p.m. and reconvened the meeting at 7:45 p,m. 11. REPORTS a, Animal Control Update. Assistant City Clerk Drimakis announced that correspondence was received and has been provided as a supplemental memorandum, Assistant to the City Manager Teglia made staff comments and provided a PowerPoint presentation. 1821 Bakersfield, California, October 16, 2013 - Page 16 11. REPORTS continued ACTION TAKEN Louis Gill, with the Bakersfield Homeless Center, AGR 13 -177 thanked the City for partnering with the Center and explained how it is impacting the lives of individuals from the Center who have obtained employment as a result of that partnership. Assistant to the City Manager Teglla made additional comments and completed his PowerPoint presentation. Councilmember Johnson directed staff to develop relationships with County staff and to work through any differences. 12. DEFERRED BUSINESS a. Consultant Agreement with Cornerstone Engineering, Inc, (not to exceed $100,000), for providing on -call engineering and surveying services for non - federally funded Capital Improvement Projects during Fiscal Years 2013- 2014 and 2014 -2015. Assistant City Clerk Drimakis announced that correspondence was received and has been provided as a supplemental memorandum. Public Works Director Rojas made staff comments and recommended approval of the Agreement. Councilmember Maxwell directed the City Atforney to respond to Ms. Benham's letter and get clarification regarding her connection with the group on Spruce Street. Motion by Councilmember Maxwell to adopt APPROVED Deferred Business item 12. a. b. Legislative and Litigation Committee Majority and Minority report regarding a proposed Human Life Ordinance, Assistant City Clerk Drimakis announced that correspondence was received and has been provided as a supplemental memorandum, City Attorney Gennaro made staff comments and advised that a Majority Report and a Minority Report are attached for Council consideration. I R 2' Bakersfield, California, October 16, 2013 - Page 17 12. DEFERRED BUSINESS continued ACTION TAKEN Item 12,1b, continued Councilmember Sullivan made a motion to have first reading of the fifth version of the Human Life Ordinance. Councilmember Johnson made a substitute motion to move the Majority Report, which is to table the ordinance and to move the resolution. Councilmember Rivera made a motion to table both the ordinance as well as the resolution indefinitely until a majority of the Council decides to discuss it again. Vice -Mayor Weir offered a friendly amendment that, instead of a majority of the Council, it would require four Councilmembers to vote in the affirmative to bring this back to the Council. Councilmember Hanson called for the APPROVED NOES SULLIVAN, question. JOHNSON Motion by Councilmember Rivera to table both APPROVED the ordinance, as well as the topic, indefinitely NOES SULLIVAN, until such time as four Councilmembers vote JOHNSON affirmatively to bring this matter back to the Council. 13. NEW BUSINESS None, 14. COUNCIL AND MAYOR STATEMENTS Councilmember Johnson advised he wanted to make it clear regarding his vote on Deferred Business item 12.b., that it would have been inconsistent for him to vote differently than he did in Committee. Councilmember Maxwell asked staff to look at a repair problem that keeps recurring at the corner of Lennox and Hewlitt, and come up with a long -term solution; and to also look at a long -term solution to the traffic problem that is occurring as a result of excessive traffic using Newlin to cut through to California Avenue and Stockdale Highway. Ig Z3 Bakersfield, California, October 16, 2013 — Page 18 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Maxwell thanked staff from Building, Community Services, and the Fire Department for their professionalism during their meeting with the tenants of the J. C. Penney building, and he feels everyone came away from the meeting feeling like they were all on the same page and working towards common goals. Councilmember Maxwell thanked the City Attorney's Office, the Police Department, and Code Enforcement for their efforts regarding the permit violation at the Lucky Lady. Councilmember Maxwell requested that the Budget and Finance Committee continue meeting to monitor the validation action with regard to the financing and ,,olher issues, and he asked that the Chairman of the Committee support this effort through the whole validation process. In response to questions from Vice -Mayor Weir, Public Works Director provided a timeline regarding the cul -de -sacs off of 24th Street; and he advised that it will be made a priority to have the consultant start moving on it and provide answers as to what is going to happen. Councilmember Rivera thanked Animal Control staff for assisting with housing the animal population of the 150 tenants that were recently evicted from the Tropicana Motel. In response to a question from Councilmember Sullivan, City Attorney Gennaro assured her that her votes on Deferred Business item 12.b. would be registered as "no" on the motion calling for the question, as well as the motion to table both the ordinance and the topic. Councilmember Sullivan expressed her disappointment with the working condition of the watering system for the foliage on the local freeways, and she urged Public Works staff to continue to work with Caltrans to get the problem resolved. Councilmember Hanson requested that the issue of the cul -de -sacs be brought back to the next Council meeting for discussion and some type of action. 1824 Bakersfield, California, October 16, 2013 — Page 19 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Mayor Hall acknowledged the efforts of all the ELI individuals, groups, and agencies that are working to beautify Bakersfield through the various litter pickup programs, and the placement of homeless individuals into favorable living conditions and employment opportunities. 15. ADJOURNMENT Mayor Hall adjourned the meeting at 9:20 p.m. MAYOR of the City of Bakersfiel , CA ATTEST: CITY CLERK and Ex Off f Clerk of the Council of the City of Bakersfield �8?5 Bakersfield, California, October 16, 2013 — Page 20 ***THIS PAGE INTENTIONALLY LEFT BLANK " ""