HomeMy WebLinkAbout10/16/13 CC MINUTES1
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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
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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
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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.
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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
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