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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