Loading...
HomeMy WebLinkAbout09/28/16 CC MINUTES?670 A BAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 28, 2016 ro Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings- 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:33 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Hanson, Councilmembers Rivera, Maxwell, Weir, Smith, Sullivan (seated at 3:36 p.m.) Absent: Councilmember Parller 2. PUBLIC STATEMENTS a. Ellen Harrison, Ambassador of Kindness with Kindness for Life, stated her organization is inspired by the creator of " Random Acts of Kindness ", Chuck Wall; expressed her appreciation to Mayor Hall and the Council for recognizing September IO", 2016 as Wavehog Kindness Counts Day; and submitted written material. 3. CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code section 54957.6. b. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) for the following: Cox v. City of Bakersfield, et al., Kern County Superior Court Case No. S -1500- CV- 283938, SPC Consolidated with: Taylor v. City of Bakersfield, et al., Kern County Superior Court Case No, S -1500- CV- 284158, SPC. 2. Crawford v. City of Bakersfield, et al., USDC Eastern District Case No. 1: 1 4-CV- 0 1 735-J LT. r� 7 I Bakersfield, California, September 28, 2016- Page 2 3. CLOSED SESSION continued ACTION TAKEN 3. Baker v. City of Bakersfield, Kern County Superior Court Case No, BCV- 15- 100976, SPC. Motion by Vice -Mayor Hanson to adjoum to Closed APPROVED Session at 3:33 p.m. AS PARLIER Motion by Vice -Mayor Hanson to adjourn from Closed APPROVED Session at 5:15 p.m. AS PARLIER Meeting reconvened at 5:31 p.m. 4. CLOSED SESSION ACTION a. Conference with Labor Negotiator pursuant to STAFF WAS GIVEN Government Code section 54957.6. DIRECTION b. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) for the following: I . Cox v. City of Bakersfield, et al., Kern BY UNANIMOUS County Superior Court Case No. S -1500. VOTE, WITH CV- 283938, SPC Consolidated with: COUNCILMEMSER Taylor v. City of Bakersfleld, at al., Kern PARLIER ABSENT, THE County Superior Court Case No, S -1500. CITYATTORNEYWAS CV-284158, SPC. DIRECTED TO FILE A 998 OFFER, IN THE AMOUNT OF $75,000 TO MS. TAYLOR AND $250,000 TO MS. COX. 2. Crawford v. City of Bakersfield, et al., STAFF WAS GIVEN USDC Eastern District Case No. 1:14 -CV- DIRECTION 01735 -JLT 3. Baker v. City of Bakersfield, Kern County STAFF WAS GIVEN Superior Court Case No. BCV -15- 100976, DIRECTION SPC. S. WORKSHOPS None. J Bakersfield, California, September 28, 2016 - Page 3 ~ 6 7Z 6. ADJOURNMENT ACTION TAKEN Mayor Hall adjourned the meefin 531 p MAYOR of 1he Clty of Bakersfield, CA ATTEST: [GG L i2' CITY CLERK and Ex OffIqfbjtIerk of the Council of the City of Bakersfield REGULAR MEETING -5:32 p.m. 1. ROLL CALL Present: Mayor Hall, Vlce -Mayor Hanson, Councilmembers Rivera, Maxwell, Weir, Smith, Sullivan Absent: Councilmember Parller 2. INVOCATION by Pastor Hayward Cox, Church of God. 3. PLEDGE OF ALLEGIANCE by Grace Harper, 6th grade student at Colonel Nichols Elementary School. 4. PRESENTATIONS a. Presentation of a Proclamation by Mayor Hall to Jay Tamsi, declaring September 15 through October 15, 2016, Hispanic Heritage Month In Bakersfield. Mr. Tamsl was not in attendance; presentation was not made. b. Presentation of a Proclamation by Mayor Hall to Jolene Billiard, declaring September 28, 2016, Jolene Billiard Day, Ms. Billiard and Mr. Don Billiard, Principle of the Little Red School House, accepted the Proclamation and made comments. S73 Bakersfield, California, September 28, 2016 - Page 4 4. PRESENTATIONS continued ACTION TAKEN C. Presentation of a Proclamation by Mayor Hall to ■ Bakersfield Museum of Art representatives Katie J Werdel and Amy Smith, declaring October, 2016, through January, 2017, Bakersfield Museum of Art and the Driven By Art Public Art Project Months, Ms. Smith, Executive Director for the Bakersfield Museum of Art accepted the Proclamation and made comments. d. Presentation by Mayor Hall to a Bakersfield Fire Department representative of an AED unit to be placed in the City Council Chamber, Fire Chief Greener made comments. Mayor Hall acknowledged students from the Bakersfield College Political Science class and Cub Scout Pack 716, with Cub Master Celia Ames, In attendance at The meeting to learn about City government. 5. PUBLIC STATEMENTS a. Cathy Butler, Executive Director of the Downtown Bakersfield Development Corporation, announced the annual Downtown Christmas Parade will be held on Thursday, December ln; announced Mayor Hall will be this year's Grand Marshall of the parade; and encouraged everyone to learn more Information about the parade and how to become a sponsor by visiting their website at www.bcoarade com. b. The following Individuals spoke regarding Consent Calendar item 8.ap., and requested the item be removed from the agenda and referred to the October 24TM Legislative and Litigation Committee meeting for further discussion: Liz Keogh, member of the Kern County Animal Welfares Advocate; Teri Kahn; Carol Lair; Susan Madigan, 5" Supervisorial District Representative on the Kern County Animal Services Commission; Minoo Seyedan; and Christi Nolan. i Bakersfield, California, September 28, 2016 - Page 5 '67 S. PUBLIC STATEMENTS continued ACTION TAKEN C. The following individuals spoke in opposition to the proposed amendment of Ordinances related to Cabaret Permits and the curfew for minors: Tim Nesh and George Masud, co- owners of Elixir Hookah Lounge; and Yousef Harb, co -owner of Cloud 9 Hookah Lounge. d. Isaiah Crompton and Alexandra Reyes spoke in support of the proposed amendment to the Ordinances related to Cabaret Permits and the curfew for minors. e. The following individuals spoke in support of building a sound wall for the Brighton Parks community: Gregory Broff; Clinton Bear; and Charlie Webb (provided a PowerPoint presentation). Councilmember Smith requested staff provide an update on the Brighton Park sound wall study at the next Council meeling. [" f. The following individuals spoke regarding a fit "40 -day Life Vigil Prayer Campaign' beginning September 28+ , at 25' and H Streets: Terri Palmquist; Tim Palmqulst; Debra Moore; and Mary Darrah, 6. WORKSHOPS a. Final Progress Report by the Bakersfield Police Department regarding the Implementation of adopted recommendations from the International Association of Chiefs of Police QACP). Police Chief Williamson made staff comments and provided a PowerPoint presentation. Councilmember Rivera requested staff provide updates as future IACP recommendations are implemented, including the recommendations implemented from the President's Task Force of 210 Century Policing Report. ii Bakersfield, California, September 28, 2016 - Page 6 6. WORKSHOPS continued ACTION TAKEN Councilmember Weir requested stall provide additional information on the detailed goals and objectives related to community policing and data mining opportunities. 7. APPOINTMENTS a. One appointment to the Metropolitan Bakersfield Habitat Conservation Trust Group due to the expiration of term of James Buchanan, whose term expires September, 2016. City Clerk Gafford announced one application was received from incumbent, James Buchanan. Motion by Vice -Mayor Hanson to re- appoint APPROVED James Buchanan to the Metropolitan AB PARLIER Bakersfield Habitat Conservation Trust Group. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 7, 2016, Regular City Council Meetings. Payments: b. Receive and file department payments from August 26, 2016 to September 15, 2016 in the amount of $33,069,679.29 Self Insurance payments, from August 26, 2016 to September 15, 2016 In the amount of $467,821.53, totaling $33,537,500.82. Ordinances: C. First reading of the following Ordinances amending various sections of the Municipal Code: 1. Amending Section 2.72.290 relating to FR Personnel Policies. 2. Amending Section 5.02.230 relating to FR Business Taxes. '67b Bakersfield, California, September 28, 2016 — Page 7 8. CONSENT CALENDAR continued ACTION TAKEN ITEMS C CONTINUED 3. Amending Section 5.56.010 relating to FR Transient Outdoor Businesses, 4. Amending Section 8.44.040 relating to FR Fireworks, 5. Amending Section 8.80.080 relating to FR Abatement of Public Nuisances. 6. Amending Section 8.80.200 relating to FR Abatement of Public Nuisances. 7. Amending Chapter 9.34 relating to FR Trespass. 8. Amending Section 13.04.021 relating to FR Public Works Improvements. 9. Adding Section 17.04.245 relating to FR Zoning. 10. Amending Section 17.24.020 relating to FR Regional Commercial Zone. d. Adoption of Ordinance adding Chapter 15.58 ORD 4661 i� to the Municipal Code relating to Electric Vehicle Charging Stations and expedited Building Permit Process for Electric Vehicle Charging Stations. (FR 09107116) e. Adoption of Ordinance enacting Chapter 5.66 ORD 4862 of the Municipal Code relating to Food ASS MAXWELL, Vending Vehicles. (FR 09107116) SMITH Resolutions: f. Resolution adopting an amended Conflict of RES 155 -16 Interest Code for City of Bakersfield Departments. g. Resolution confirming approval by the City RES 156 -16 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, i debris and waste matter and authorizing t{ collection of the assessments by the Kern it County Tax Collector. Bakersfield, California, September 28, 2016 - Page 8 CONSENT CALENDAR continued ACTION TAKEN h. Resolution identifying vendors and setting rates RES 157 -16 for Citywide health insurance plans for eligible active and retired employees for the 2017 plan year. L Resolution to Authorize Sale of Surplus Zomboni RES 158 -16 ice resurfacer to the Condors Community Foundation, a non - profit organization, for one dollar ($1). j. Resolution dispensing with bidding procedures RES 159 -16 due to emergency part replacement for one centrifuge at Wastewater Treatment Plant No. 3, and outhorizJng the purchase of one gearbox from Hiller Separatlon & Process, LLC (sole source distributor, not to exceed $62,000). k. Resolutions of Intention (ROI) to add the following areas to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: 1. ROI No. 1900 to add Area 4 -154 (11000 R01 1900 Kern Canyon Road) - Ward 3 2. ROI No. 1901 to add Area 4 -155 (634 33rd ROl 1901 Street) -Ward 2 Agreements: Agreement with California State University, AGR 16 -205 Stanislaus, Endangered Species Recovery Program to implement the San Joaquin Kit Fox Mitigation Implementation Plan and the Long Term Reporting Plan (not to exceed $50,000 per year for a three -year term; 100% locally funded with traffic impact fees). Mr Energy Efficiency Improvements: On -Bill Financing Agreement with PG &E AGR I6 -206 (not to exceed $41,481.08) to fund energy efficient improvements at the Bakersfield Police Department's Headquarters. i 678 Bakersfield, California, September 28, 2016— Page 9 8. CONSENT CALENDAR continued ACTION TAKEN ITEM B.M. COMINUED 2. Authorize Finance Director to sign "Project Installation Authorization Form" with Staples Energy to replace and /or Install energy efficiency equipment as stipulated in Form (amount due to contractor funded through On- Bill Financing Program), 3. Authorize Finance Director to sign "Financing Supplement to the On -Bill Financing Program Application" which acknowledges the City's acceptance of the On -BIII Financing requirements. n. Amendment No. 2 to Agreement No. 14- 063(1) AGR 14- 063(2) with Lewis Brisbois Bisgaard & Smith LLP ($50.000) AGR 16 -207 and Amendment No. 1 To Agreement No. CA15 -013 with Nossoman LLP ($60,000) to provide outside legal services In the matter of Citizens Against the 24th Street Widening Project v. City of Bakersfield. o. Amendment No. 3 to Agreement 14 -272 with AGR 14. 272(3) EQUARIUS Waterworks, Meter & automation Group (extending the term one year - no dollar increase) for the continued supply of water meters. p. Amendment No. 3 to Agreement No, 13 -174 AGR 13- 174(3) with Zim Industries, Inc. dba Bakersfield Well and Pump Company ($250,000; revised not to exceed $1,100,000), for on -call maintenance and repair services to the City's agricultural and domestic water wells. q. Contract Change Order Nos. 28, 29, 30, 31, 32, AGR 14 -241 and 33 to Agreement No. 14 -241 with Security CCO 28, CCO 29, Paving Company ($540,000.00; revised not to CC030, CCO 31, exceed $84,234.433.04; Change Orders funded CCO 32, CCO 33 with Federal Earmark Funds {80 %) and Capital Outlay Utility /Roads Funds (20 %)) for the Beltway Operational Improvements (BOI) Project. (TRIP) r. Contract Change Order No. 2 to Agreement AGR 15 -259 No. 15-259 with Granite Construction CCO2 ($11,797.02; revised not to exceed $347,228.49) for the construction of the Bakersfield Municipal Airport North East Hangar Taxilone Rehabilitation Project. 679 8. Bakersfield, California, September 28, 2016 -Page 10 CONSENT CALENDAR continued ACTION TAKEN Property Acquisition Agreements - TRIP: S. Agreement with Wilbert Lawrence and Lystro AGR 16 -208 Williams ($162,500) to purchase real property DEED 8516 located at 132 Dunlap Street for the Centennial Corridor Project. t. Agreement with Lucia Marie Haney ($220,000) AGR 16 -209 to purchase real property located at 205 South DEED 8517 Garnsey Avenue for the Centennial Corridor Project. U. Agreement with Javier Perez ($155,000) to AGR 16 -210 purchase real property located at 22 Dunlap DEED 8518 Street for the Centennial Corridor Project. V. Agreement with Retha Miller ($208,000) to AGR 16 -211 purchase real property located at 212 South DEED 8519 Garnsey Avenue for the Centennial Corridor Project. W. Agreement With Tony and Mattle Gifford- AGR 16 -212 Padilla, and Anthony Michael and Mottle DEED 8520 Gifford - Padilla ($354,000) to purchase real property located at 201 South Garnsey Avenue for the Centennial Corridor Project. X. Agreement with Patrick Padilla ($290,000) to AGR 16 -213 purchase real property located at 4408 Morelia DEED 8521 Way for the Centennial Corridor Project. y. Agreement with Kathleen A. Dignan, Trustee of AGR 16.214 the Kathleen A. Dignan Trust ($241,000) to DEED 8522 purchase real property located a14417 Woodlake Drive for the Centennial Corridor Project. Z. Agreement with Daniel Nose and Margarita AGR 16 -215 Argueta, as to an undivided 70% interest and DEED 8523 BIC Real Estate Development Corporation, as to an undivided 30% Interest, ($150,000) to purchase real property located at 137 Dunlap Street for the Centennial Corridor Project. ca. Agreement to purchase real property with AGR 16 -216 Rhonda Jeanette Van Tassell, ($3,650,000.00) DEED 8524 located at 4606 California Avenue, for the Centennial Corridor Project. Bakersfield, California, September 28, 2016 — Page 11 680 8. CONSENT CALENDAR continued ACTION TAKEN ab. Accept bid and approve contract with Interior AGR 16 -217 Demolition, Inc. ($465,700.00) for the demolltlon of improvements at 4601 California Avenue/ 5041 Easton Drive, 4509 Charter Oaks Avenue, 4505 Charter Oaks Avenue, 820 Del Rey Court, 816 Del Rey Court, 812 Del Rey Court, 808 Del Rey Court, 804 Del Rey Court, 800 Del Rey Court, 5085 Easton Drive, 5071 Easton Drive, 713 Montclair Street, 709 Montclair Street, 705 Montclair Street, 704 Montclair Street, 701 Montclair Street, 700 Montclair Street, 608 Montclair Street and 604 Montclair Street; Phase 10 for the Centennial Corridor Project. (TRIP) ac. Accept bid and approve contract with Interior AGR 16 -218 Demolition, Inc. ($432,500) for the Demolition of Improvements at 136 Candy Street, 124 Dunlap Street, 133 Dunlap Street, 128 Dunlap Street, 105 Dunlap Street, 4208 Hillsborough Drive, 4400 Hillsborough Drive, 4204 Hillsborough Drive, 4312 Joseph Drive, 4409 Kensington Avenue, 4400 Kentfield Drive, 4312 Kentfield Drive, 4412 La Mirada Drive, 4306 La Mirada Drive, 4416 La Mirada Drive, 4310 Marella Way, 4400 Marella Way, 15 N. Stine Road, 4507 Woodlake Drive and 105 Morrison Street; Phase 11 for the Centennial Corridor Project. (TRIP) ad. Accept bid and approve contract with Interior AGR 16.219 Demolition, Inc. ($264,500.00) for Demolition of Improvements at 3617 Stockdale Highway (Wild West Shopping Center); Phase 12 for the Centennial Corridor Project. (TRIP) Bids: ae. Accept bid and approve contract to Tate's AGR 16 -220 Janitorial Service, Bakersfield, ($48,700) for the Annual Contract for Janitorial Services at the Amtrak Station. of, Accept bid from Three Way Chevrolet, Bakersfield ($68,338.13) for three replacement midsize pickups with extended cab option for use by the Community Services Department, LCode Enforcement and Inspections Divisions. 681 Bakersfield, California, September 28, 2016 - Page 12 8. CONSENT CALENDAR continued ACTION TAKEN ag. Accept bid from Mullahey CDJR, Paso Robles, California ($146,903.05) for seven replacement full size 'h ton pickups for the Public Works and Recreation and Parks Departments. ch. Jefferson Park Pools Plaster Resurfacing: I . Accept bid and approve contract to AGR 16 -221 Caprl Pools, Incorporated dba Bakersfield Pool Plastering, Bakersfield ($126,450) for Jefferson park Pools Plaster Resurfacing. 2. Transfer $127,000 project savings to this project within the Park Improvement Fund. Miscellaneous: ai. Appropriate $99,770 in Grant Assistance Program funds from the California Department of Alcoholic Beverage Control to the General Fund Police Operating Budget. aj. Appropriate $257,598 federal Reglonal Surface Transportation Program funds to the Public Works Department's Capital Improvement budget within the SAFETEA -LU Fund for the Pavement Rehabilitation of Ashe Road from Ming Avenue to Stockdale Highway project, ak. Appropriate $28,300 In State Office of Traffic Safety funds to the General Fund Police Operating Budget to implement the Bicycle /Pedestrian Safety and Education Program. al. Appropriate $415,000 Federal Grant Revenues (Selective Traffic Enforcement Program Grant from the State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for traffic enforcement strategies, and to purchase equipment and services for the Trafflc Division. am. Appropriate $6,500 contributions from the Bakersfield Foundation to the Police Department Operating Budget within the General Fund for the purchase of approximately 560 antitheft devices. Bakersfield, California, September 28, 2016 - Page 13' 8� 8. CONSENT CALENDAR continued ACTION TAKEN on. Revised Job Specification: Community Development Coordinator (# 89340) ao. Request New Position for Water Resources Department: Approve one Civil Engineer III position. 2, Appropriate $12,375 in Agriculture Fund Balance and $37,125 in Domestic Fund Balance Into the FY 2016 -17 Water Resources Operating Budget for salarles, related benefits, and small office equipment. ap. Report regarding intake and treatment of "Pumpkin" at the City of Bakersfield Animal Care Center and various other matters discussed at the August 4, 2016 Community Services Committee, Successor Agency Business: aq. Receive and file Successor Agency payments from August 26, 2016 to September 15, 2016 In the amount of $4,180.00. Councilmember Smith announced that he would abstain, due to a perceived conflict of interest, on item 8.e. Councilmember Maxwell announced that he would abstain, due to a perceived conflict of interest, on item B.G. Motion by Vice -Mayor Hanson to adopt Consent APPROVED Calendar items 8.a. through 8.aq. AB PARLIER 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public hearing on Resolution of Necessity to RES 160 -16 determine the public interest and necessity for acquisition of certain real property by eminent domain for the Centennial Corridor Project (Code of Civil Procedure §1245.230) located at 18 Morrison Street, Bakersfield, CA 93309 (APN 020 - 293 -12) (CPN 87636). �' 5 8 3 Bakersfield, California, September 28, 2016 - Page 14 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN b. Public hearing on Resolution of Necesslty to RES 161 -16 determine the public Interest and necessity for acquisition of certain real property by eminent domain for the Centennial Corridor Project (Code of Civil Procedure §1245.230) located at 4304 Joseph Drive, Bakersfield, CA 93309 (APN 020 - 261 -05) (CPN 87588). C. Public hearing on Resolution of Necessity to REMOVED BYSTAFF determine the public interest and necessity for acquisition of certain real property by eminent domain for the Centennial Corridor Project (Code of Civil Procedure § 1245.230) located at 4421 Kensington Avenue, Bakersfield, CA 93309 (APN 020 - 524 -12) (CPN 87511). d. Public hearing on Resolution of Necessity to RES 162.16 determine the public interest and necessity for acquisition of certain real property by eminent domain for the Centennial Corridor Project (Code of Civil Procedure § 1245.230) located at 4601 Charter Oaks Avenue, Bakersfield, CA 93309 (APN 020 - 373- 02) (CPN 87487). l e. Public hearing on Resolution of Necessity to RES 163.16 J determine the public interest and necessity for acquisition of certain real property by eminent domain for the Centennial Corridor Project (Code of Civil Procedure § 1245.230) located at 200 S. Real Road, Bakersfield, CA 93309 (APN 149 - 190 -16 and 149 - 190 -18) (CPN 87678). f. Public hearing on Resolution of Necessity to RES 164 -16 determine the public Interest and necessity for acquisition of certain real property by eminent domain for the Centennial Corrldor Project (Code of Civil Procedure §1245.230) located at 4600 California Avenue, Bakersfield, CA 93309 (APN 020 - 600- 04)(CPN 87474). g. Public hearing on Resolution of Necessity to RES 165 -16 determine the public interest and necessity for acquisition of certain real property by eminent domain for the Centennial Corridor Project (Code of Civil Procedure § 1245.230) located at 3847 Stockdale Highway, Bakersfield, CA 93309 (APN 149-221-03,149-170-04) (CPN 87649). Bakersfield, California, September 28, 2016 - Page 15 268 a 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN h. Public Hearing To consider a resolution ordering RES 166 -16 The vacation of the south 30 feet of road dedication for Jacqueline Avenue between Shane Street west to the City of Bakersfield corporate boundary (approx. 287 feet west of The centerline of Jenica Street). A finding that the project is exempt from the California Environmental Quality Act (CEQA), Section 15061(b)(3) will also be considered. City Clerk Gafford announced a staff memorandum was received requesting Item 9.c. be removed from The agenda, as an agreement was reached with the property owner. City Manager Tandy made staff comments. Consent Calendar Hearings opened at 7:26 p.m. No one spoke. Consent Calendar Hearings closed at 7:27 p.m. Motion by Vice -Mayor Hanson to adopt APPROVED Consent Calendar Public Hearing items 9.a. AS PARUER through 9.h., with the removal of item 9.c. 10. HEARINGS None. 11. REPORTS None. 12. DEFERRED BUSINESS a. League of California Cities Annual Conference: City position on conference resolution. Assistant City Manager Teglia made staff comments. Motion by Vice -Mayor Hanson to take a neutral position on the proposed League of California Cities conference Resolution. 2685 Bakersfield, California, September 28, 2016 - Page 16 12. DEFERRED BUSINESS continued ACTION TAKEN Motion by Councilmember Rivera to support the FAILED NS MAXWELL, WEIR, l proposed conference Resolution. HANSON, SULLIVAN AS PARLIER Motion by Vice -Mayor Hanson to take a neutral APPROVED position on the proposed League of California NS RIVERA, SMITH Cities conference resolution. AS PARLIER 13. NEW BUSINESS a. Wireless Communication: Adoption of Emergency Ordinance ORD 4863 regarding Wireless Communication Facilities In Public Right -of -Way and Consideration of a Finding that the Adoption of the Ordinance Is Exempt from the California Environmental Quality Act (CEQA), pursuant to 14 CCR §§ 15305 and 15061(b)(3). 2. First Reading of a Clean -Up Ordinance FR Revising Existing Code for Consistency with Emergency Ordinance and Consideration of a Finding that the Adoption of the Ordinance is Exempt from CEQA, pursuant to 14 CCR §§ 15305 and 15061(b)(3). City Attorney Gennaro made staff comments Deputy City Attorney Heglund made staff comments and provided a PowerPoint presentation. Motion by Councilmember Smith to adopt an APPROVED emergency Ordinance regarding wireless AS PARLIER communication facilities in the public right -of- way. Motion by Councilmember Smith to give first APPROVED reading of a clean -up Ordinance revising AB PARLIER existing code for consistency with the emergency Ordinance. i Bakersfield, California, September 28, 2016 - Page 17 ? s s h 13. NEW BUSINESS continued ACTION TAKEN b. First reading of ordinances amending Sections FR 5.14.010, 9.44.010 and 9.44.020 of the Municipal Code relating to the Cabaret Permits and Curfew for Minors. City Clerk Gafford announced correspondence was received from Jim Marino, City Attorney Gennaro made staff comments. Deputy City Attorney Iger made staff comments and provided a PowerPoint presentation. Motion by Councilmember Maxwell to give first APPROVED reading of the Ordinances. AS PARUER 14. COUNCIL AND MAYOR STATEMENTS Councilmember Maxwell requested staff provide an update, on the accounting of the $ 165 million In early acquisition funds, and a projection of what our legal expenses will be in the future. Councilmember Maxwell requested the Legislative and Litigation Committee review existing ice -cream vendor Ordinances. Councilmember Maxwell stated he was concerned to loam the City cancelled a contract, for bicycle safety instruction, with Mr. Zack Griffin; and requested the Legislative and Litigation Committee review how the City utilizes California Office and Traffic Safety grant funds and who makes the decisions on how to utilize the funds. Councilmember Maxwell made comments regarding the demolition contracts for the Centennial Corridor awarded to companies outside of Bakersfield; and requested the Budget and Finance Committee review this matter. Councilmember Maxwell requested staff contact Mr. Randy Stained and assist him in the permitting process for his restaurant tenants. Councilmember Maxwell requested staff to look into recent incidents of broken windows and slashed tires, on the northwest comer of Baker Street and Sumner Sheet. 6 87 Bakersfield, California, September 28, 2016 - Page 18 14. COUNCIL AND MAYOR STATEMENTS continued ACnoN TAKEN Councilmember Maxwell expressed his concern with residents in Ward 2 being misinformed about closing medical marijuana faciliffer and requested staff provide information on the City of San Diego's enforcement activities relating to medical marijuana, including the differences between Bakersfield and San Diego, at the next Legislative and Litigation Committee meeting. Councilmember Weir stated there have been numerous cars speeding, ignoring stop signs, and spinning out in intersections on Panorama Drive, between Columbus Street and Fairfax Road, between 11:00 p.m. and 2:00 a.m., and requested staff Increase traffic patrol in the area. Councilmember Weir expressed his gratitude to the Police staff that assisted his mother when she experienced a home break -in. Councilmember Sullivan requested staff provide information to the Council and the community regarding Code Enforcement's process and how they handle situations when property owners live out of town and cannot be reached. Councilmember Sullivan requested staff provide information on removing squatters from properties. Mayor Hall stated he has only five more meetings before leaving office on January 3, 2017; and stated he is feeling better every day. 15. ADJOURNMENT Mayor Hall adjoi ATTEST: yly Ll '41 A CITY CLERK and Ex Offi o Clerk of the Council of the City of Bakersfield i