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HomeMy WebLinkAbout06/05/13 CC MINUTESBAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 5, 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. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Weir, Councilmembers Maxwell, Smith, Hanson, Sullivan, Johnson (seated at 3:35 p.m,) Absent: None, 2. PUBLIC STATEMENTS None, 3. WORKSHOPS a. Department Budget Presentations: 1, Rabobank Administrative Analyst Huot made staff comments and provided a PowerPoint presentation. Councilmember Maxwell asked that staff provide a dollar amount reflecting the 30% decrease in energy costs. 2. Convention and Visitors Bureau Convention and Visitors Bureau Manager Lyman made staff comments and provided a PowerPoint presentation. 3. Fire Department Fire Chief Greener made staff comments and provided a PowerPoint presentation. ACTION TAKEN 111 2- 1 -7 I?� Bakersfield, California, June 5, 2013 - Page 2 3. WORKSHOPS continued ACTION TAKEN Item 3.a,3, continued Deputy Fire Chief Kelly made staff comments regarding Fire Safety Services, Deputy Fire Chief Hartley made staff comments regarding Fire Suppression Services, Fire Chief Greener made final staff comments. 4. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (d)(1) for the following: 1. Caitlyn Lamond, et al. v. City, Kern County Superior Court Case No. S- 1500 -CV- 275123 SPC, 2. Joe R. Slaughter, et al. v. City, et al., Kern County Superior Court Case No. S- 1500 -CV- 271472 LHB. Motion by Vice -Mayor Weir to adjourn to Closed APPROVED Session at 4:18 p.m. Motion by Vice -Mayor Weir to adjourn from Closed APPROVED Session at 4.45 p.m. 5. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956,9 (d)(1) for the following: Caitlyn Lamond, et al. v. City, Kern CITYATTORNEY County Superior Court Case WAS GIVEN No. S- 1500 -CV- 275123 SPC, DIRECTION 2. Joe R. Slaughter, et al. v. City, et al., Kern NO REPORTABLE County Superior Court Case ACTION No, S- 1500 -CV- 271472 LHB. Q Bakersfield, California, June 5, 2013 - Page 3 ADJOURNMENT Vice -Mayor Weir adjourned the meeting ATTEST: CITY CLERK and Ex Offl the Council of the City Clerk of Bakersfield REGULAR MEETING - 5:17 p.m. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Weir, Councilmembers Maxwell, Smith, Hanson, Sullivan, Johnson Absent: None. 2. INVOCATION by Rabbi Schlanger, Chabad of Bakersfield. 3. PLEDGE OF ALLEGIANCE by Nicholas Brown, 51h grade student at Wayside Elementary School, 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Lance McCullah, declaring June 5, 2013, Lance McCullah Day, Mr. McCullah accepted the Proclamation and made comments, b. Presentation by Mayor Hall of a picture plaque to Linda Jay, Chief Executive Officer, and David Knoeb, President, of the Bakersfield Association of Realtors, honoring the Bakersfield Association of Realtors' beautification efforts. Ms. Jay accepted the plaque and made comments. ACTION TAKEN 1711 1715 Bakersfield, California, June 5, 2013 - Page 4 5. PUBLIC STATEMENTS ACTION TAKEN a. Sheryl Barbich spoke regarding the Kern County Nut Festival, extended an Invitation to the Mayor, City Council, and entire community to attend the Festival on June 1511, at the Kern County Museum, and submitted written material, b. Amber Beeson, Executive Director of The Giving Tree Project Benefit Corp„ spoke regarding The Giving Tree Beautification; offered her services as an environmental consultant and the opportunity to save money for the City in various ways of conservation; and submitted written material, Councilmember Maxwell referred Ms. Beeson's offer to the Budget and Finance Committee to determine the feasibility of working with her as a partner to enhance what the City does to reduce costs to make the City look nicer. Councilmember Sullivan asked that this matter also be referred to the Community Services Committee. C. Marvin Dean spoke regarding Ward 1; congratulated Willie Rivera for winning the election and requested that he be seated as soon as possible; encouraged the residences of the ward to support the new Councilmember and get involved; and expressed his disappointment In the low voter turnout, especially since the Council spent $100,000 to give the people the opportunity to be heard. d. Rick Moore, Executive Director of Vision Corps, spoke regarding the I Love America event, celebrating 237 years of our nation's freedom, on July 4th at Bakersfield College; invited everyone to attend; and submitted written material, e. Susan Pfettscher spoke regarding the Centennial Corridor and Westpark, and urged the City Council to reconsider spending the money on this project through her neighborhood, Bakersfield, California, June 5, 2013 - Page 5 5. PUBLIC STATEMENTS continued ACTION TAKEN f, Dennis Fox spoke regarding gun control and management; and suggested that people who are III and have medical cards for chemicals should not be driving, operating equipment or having guns. g. Michaeljoe Goldstein, representing MGE Underground, spoke regarding Westside Parkway Phase 6A, and expressed that his company would look favorably upon bidding future Public Works projects for the City. 6. WORKSHOPS a. Department Budget Presentation; Recreation and Parks Department Recreation and Parks Director Hoover made staff comments and provided a PowerPoint presentation. Councilmember Johnson asked that the reconstruction on the wall that was damaged as a result of the recent accident on McKee Road be expedited. Councilmember Johnson asked that he be provided with updates regarding any progress being made with respect to partnering with Workforce Development for training and certifying lifeguards, and suggested looking into the possibility of getting assistance from the high school district. 2. Budget Referral Update City Manager Tandy made Introductory comments, Administrative Analyst Huot made staff comments and provided a PowerPoint presentation, 1716 1717 Bakersfield, California, June 5, 2013 - Page 6 6. WORKSHOPS continued Item 6,a,2, continued Motion by Vice -Mayor Weir to approve staff's recommended funding levels for the Symphony and Beale concerts, not approve any additional officers to the Police Department at this time, and direct staff and the Police Department to come back during the mid -year budget adjustments with some critical needs, funding that's available, and a possible recommendation of how to meet those needs. Councilmember Johnson requested that Vice -Mayor Weir clarify, in his motion, the dollar amounts that he is requesting for the Beale Park Band and the Symphony concerts. Vice -Mayor Weir asked staff to come back to Council at the next meeting with the split on those amounts. Councilmember Johnson requested that members of the public be allowed to speak on this item, and Mayor Hall replied they would be able to do so after the Councilmembers have finished with their comments and questions. Councilmember Johnson recommended Council approve alternative A outlined in the staff report; add more than the additional 10 Police Officer positions that are being proposed, to least 14; and provide $10,000 in funding to the Symphony. Councilmember Smith advised that he is not in favor of taking funds from other departments, and he is not in favor of budgeting money that may come from County lawsuits. Councilmember Maxwell advised he would support Vice -Mayor Weir's motion with the caveat that the Council comes back and revisits this sometime in the near future when it can be done without hurting the contingency fund and can free up the necessary money. Councilmember Hanson advised he would support Vice -Mayor Weir's recommendation to look at this in January, and, in the meantime, if there is an issue, staff can come back to Council with their concerns. ACTION TAKEN 1 i Bakersfield, California, June 5, 2013 - Page 7 6. WORKSHOPS continued Item 6,a.2, continued Councilmember Johnson requested that contingency funds be used to add 4 additional officers tonight and give the Police Department direction so that they can move into the academy with those 4 additional spots at least, and then during the mid -year budget review, if there are additional funds then more can be allocated. At this time, Mayor Hall invited the public to speak: a. The following individuals spoke in support of adding more Police Officers: Gwendolyn Johnson, Belinda Mattly, Amy Ott, and Arthur Gray. b. Douglas McAfee spoke in support of funding the Bakersfield Symphony Orchestra and Beale Band concerts, Councilmember Sullivan advised she would not support using up the Council Contingency funds to add Police Officers because the purpose of those funds is for emergencies, and she would like to continue to make it a priority for mid -year to plan on continuing to increase our police force. Councilmember Johnson stated he would like to see that for certainty this comes back for review at the mid -year budget discussions. At the request of Mayor Hall, City Attorney Gennaro reiterated that Vice -Mayor Weir's motion was to approve staff recommendation with regard to the contributions to both Beale Park as well as the Symphony, but with direction to staff to come back at a mid -year budget presentation and identify the critical elements needed within the Bakersfield Police Department, as well as the available funds. ACTION TAKEN APPROVED NOES JOHNSON 1718 1719 Bakersfield, California, June 5, 2013 - Page 8 6. WORKSHOPS continued Item 6.a, continued 3. Overview of TRIP Financing, Finance Director Smith made staff comments, provided a PowerPoint presentation, and Introduced Mike Reppe, Mike Reppe, Senior Partner with the Law Firm of Kutak Rock, made comments and provided a PowerPoint presentation regarding the legal validation process, Councilmember Maxwell requested that staff come back at a future date with a pie chart identifying the amount of money needed to complete the projects, less the Centennial Corridor, and how that would affect the City's borrowing and the amount it would need to borrow, and how much of the revenues from the three tax sources would bleed from those projects. Mayor Hall recessed the meeting at 8;10 p,m, and reconvened the meeting at 8;23 p,m. 7. 8. APPOINTMENTS None. CONSENT CALENDAR Minutes: a. Approval of minutes of the May 15, 2013 Regular City Council Meetings. Payments: b. Receive and file department payments from May 3, 2013, to May 21, 2013, in the amount of $1 6,756,455.55 and self- Insurance payments from May 3, 2013, to May 21, 2013, in the amount of $256,681,37, totaling $17,013,136,92. Ordinances: C. First Reading of Ordinance amending Section 14,04.120 of the Municipal Code relating to Rates and Fees. ACTION TAKEN FR r 1720 Bakersfield, California, June 5, 2013 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN d. Adoption of Ordinance amending the text of ORD 4729 various sections of Chapter 17.60 of the Municipal Code relating to signs, (FR 05115113) e. Adoption of Ordinance adopting a Negative ORD 4730 Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zoning (pre - zoning) on 75 acres zoned R -1 (Low Density Residential) and 5 acres zoned E(5) RS PE (Estate 5 Acres, Residential Suburban Combining, Petroleum Extraction Combining) in the County of Kern, to the City zone district of R -1 (One - Family Dwelling) on the entire 80 acres, located at the southwest corner of Renfro Road and Norlega Road, (ZC # 12 -0463 - McIntosh and Associates representing Black Ops Real Estate VIII) (Ward 4 upon annexation). (FR 05/01/13) Resolutions: f. Resolution confirming approval by the City RES 062 -13 Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector. g. Resolution approving the destruction of certain RES 063-13 obsolete City records, documents, instruments, books and papers, pursuant to California Government Code Section 34090, et seq. (Public Works Department) h. Resolution adopting sewer connection fees RES 064 -13 pursuant to Section 14,12,380 of the Municipal Code. I. Resolution providing for the collection of RES 065 -13 residential refuse charges by the Kern County Auditor - Controller's Office. j. Resolution providing for the collection of sewer RES 066 -13 and storm sewer service user charges by the Kern County Auditor- Controller's Office, 1721 Bakersfield, California, June 5, 2013 - Page 10 CONSENT CALENDAR continued k. Collection of delinquent refuse and sewer charges by the Kern County Auditor - Controller's Office on Fiscal Year 2013/14 Property Tax Rolls; 1. Resolution providing for the collection of delinquent refuse fees. 2. Resolution providing for the collection of delinquent sewer fees. Resolution of Intention No. 1752 establishing the Police and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific Plan); to levy a special tax therein to finance additional Police and Fire Services required by new development within the Community Facilities District. Agreements: M. Disposition and Development Agreement (DDA) with Golden Empire Affordable Housing, Inc. II ($3,250,000 in various housing funds), to support the construction of a 56 -unit affordable housing complex at 400 201h Street. n. Agreement with Duane Morris (not to exceed $400,000), to provide outside legal services in the matter of City v. Kern County, KCSC Case No. S- 1500 -CV- 279379, related to property tax and contract issues. o. Renewal of Agreements with Clifford & Brown for legal services regarding General Miscellaneous Issues ($75,000) and General Personnel Issues ($75,000). P. Agreement with Professional Dynamics, Inc. ($195,000; not to exceed $65,000 annually for a three year period, to provide utilization review services; and $300,000; not to exceed $100,000 annually for a three year period, to provide nurse case management services), for the Self- Insured Workers' Compensation Program. q. Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract 7161 Phase 2 located south of Chamber Blvd. and west of Windermere Street, ACTION TAKEN RES 067 -13 RES 068 -13 ROI 1752 REMOVED FOR SEPARATE CONSIDERATION AGR 13 -079 AGR 13 -080 AGR 13 -081 AGR 13 -082 AGR 13 -083 I Bakersfield, California, June 5, 2013 - Page 11 8. CONSENT CALENDAR continued r. Final Map and Improvement Agreement with Boathouse Development Company, LLC, for Parcel Map 11952 Phase 2 located south of Bolthouse Drive and west of Buena Vista Road. S. Design Consultant Agreement with Parsons Brinkerhoff (not to exceed $1,495,720 - 80% funded by federal monies, 20% local monies), for construction management services for the State Route (SR) -58 Gap Closure Project, (TRIP) t. Hageman Flyover Project; (TRIP) 1, Cooperative Agreement with the State of California Department of Transportation (Caltrans), ($4,277,000; $3,786,428.10 Federal (88.53 %) and $490,571.90 Local (11.47 %)), to prepare the Project Approval and Environmental Document, Plans, Specifications and Estimate and Right -of -Way documents, 2, Appropriate $3,915,060 Federal SAFETEA- LU grant revenues to the Public Works Capital Improvement Budget within the TRIP Federal /State Grant Fund. U. State Route (SR) 99 Improvement Projects; 1, Amendment No. 1 to Cooperative Agreement No. 10 -110 (Caltrans Agreement No. 06 -1471) with the State of California Department of Transportation (Caltrans) reducing the City's contribution by $160,000 (from $250,000 to $90,000), towards preconstruction work needed for proposed improvements on SR 99 from SR 119 to Ming Avenue and from SR 204 to Olive Drive. 2. Cooperative Agreement with Caltrans ($160,000), for City's contribution towards construction work improvements on SR 99 to the southbound off -ramp at Panama Lane. ACTION TAKEN AGR 13 -084 AGR 13 -085 AGR 13 -086 AGR 10- 110(1) AGR 13 -087 1722 1723 S. Bakersfield, California, June 5, 2013 - Page 12 CONSENT CALENDAR continued Item 8.u, continued 3. Transfer $160,000 from amount budgeted for preconstruction work for proposed improvements on SR 99 from SR 119 to Ming Avenue and from SR 204 to Olive Drive to a new project for construction work for proposed Improvements on SR 99 to the southbound off -ramp at Panama Lane within the Transportation Development Fund, V. Amendment No, 2 to Agreement No, 12 -095 with Mark Thomas and Company, Inc. ($159,448.86: $19,476,60 Federal, $2,523.40 Local TDF, and $137,448,86 Water Enterprise Funding; revised not to exceed $2,751,160,96), for Engineering Design Services for the Rosedale Highway Widening Project, (TRIP) W. Amendment No, 1 to Agreement No. 09 -055 with Niemeyer & Associates, P,C„ ($12,500; revised not to exceed $162,500 and extend term four months), for Amtrak Railroad Track Inspection Services, X. Amendment No. 2 to Agreement No, 93 -144 with Jerry Manda (no change to $40 monthly lease rate), to extend term of lease for Hangar Space # A -2 at the Municipal Airport, Y. Amendment No. 1 to Agreement No. ED11 -012 with AmeriNational Community Services, Inc. ($44,000; not to exceed $84,000), to provide loan and related financial services for the City's Single - Family Rehabilitation, Multl- Famlly Rehabilitation, Commercial Loans and Down Payment Assistance loan programs, Z. Amendment No, 1 to Agreement No, 12 -098 with Stay Green, Inc, ($300,000; revised not to exceed $600,000 and extend term one year), for tree trimming, ACTION TAKEN AGR 12- 095(2) AGR 09- 055(1) AGR 93- 144(2) AGR 13 -088 AGR 12- 098(1) 11� A Bakersfield, California, June 5, 2013 - Page 13 CONSENT CALENDAR continued aa. Contract Change Order Nos, 54, 72, 75, 79, 83, 85, 87, 102, 108, 109, 110, 129, 133 and 134 to Agreement No. 09 -076 with Security Paving Company, Inc. (net decrease of $101,456.89; revised not to exceed $93,086,029.52), for the construction of the Westside Parkway Phase 2 Project. (TRI P) bb. Contract Change Order No, 15, 20, 24, 26, 35, 38, 42, 43, 44, and 46 to Agreement No. 10 -168 with Security Paving Company, Inc. ($352,488.06; revised not to exceed $24,378,248,39; change orders funded with traffic impact and utility surcharge fees), for the construction of the Westside Parkway Phase 4 Project. (TRI P) CC. Contract Change Order No. 22 to Agreement No. 11 -144 with Security Paving Company, Inc. (net decrease of $176,064.27; revised not to exceed $12,262,134,43), for the construction of the Westside Parkway Phase 6B Project, (TRIP) Bids: dd. Accept base bid plus additive alternate No. 1 and approve contract with Day's Generator Service, Inc. ($129,413), to furnish and install a standby generator at Fire Station No, 7, ee. Accept bid and approve contract with Day's Generator Service, Inc. ($132,290), to furnish and install a standby generator at Fire Station No. 1. ff. Accept bid and approve contract with Safeway Sign Company (not to exceed $110,693.40), for the annual contract for traffic signs. gg. Accept bid and approve contract with Kern Asphalt ($266,114), for paving at the Green Waste Facility, hh, Accept bid and approve contract with Bowman Asphalt, Inc. ($642,426), for Pavement Rehabilitation 2013 Phase 3 - Dr. Martin Luther King Jr, Blvd, from Wilkins Street to E, California Avenue, ACTION TAKEN AGR 09 -076 CCO54, CCO72, CCO75, CCO79, CCO83, CCO85, CCO87, CCO 102, CCO 108, CC0109, CCO110, CCO129, CCO133, CCO134 AGR 10 -168 CCO15, CCO20, CCO24, CCO26, CCO35, CCO38, CCO42, CCO43, CCO44, CCO46 AGR 11 - 144 CCO22 AGR 13 -089 AGR 13 -090 AGR 13 -091 AGR 13 -092 AGR 13 -093 1'724 17Za 8 Bakersfield, California, June 5, 2013 - Page 14 CONSENT CALENDAR continued ACTION TAKEN ii. Accept base bid and approve contract with AGR 13 -094 Brown and Fowler Construction, Inc. ($331,000), for Beale and Saunders parks playground rehabilitation projects. Accept bid and approve contract with Allied AGR 13 -095 Weed Control, Inc. ($388,905), for the application of herbicides. Miscellaneous: kk, Transfer $25,000 from a currently budgeted CIP project (Replace Hangar Doors -Kern Chapter) to a new CIP project for security cameras at the Municipal Airport within the General Aviation Fund. Appropriate $79,667 Federal Grant funds from the USDA Forest Service and $54,125 State Grant funds from the California Emergency Management Agency to the Fire Department Operating budget within the General Fund for reimbursement of personnel costs on state -wide master mutual aid assignments, mm. Appropriate $10,000 Prevention Revenue in the Certified Unified Program Agency (CUPA) Fund Operating Budget for a televised Public Service Announcement (PSA) on pool safety. nn, Budgetary actions regarding Centennial REMOVED FOR Corridor; (TRIP) SEPARATE CONSIDERATION Appropriate $17,706,000 In Federal SAFETEA -LU funding to the Capital Improvement budget within the TRIP Federal /State fund for continued environmental and advanced preliminary engineering work on the above project, oo. Final Map (only) with the City, Successor Housing Agency, by operation of law to the Bakersfield Redevelopment Agency, as recorded owner, for Tract 7209 located north of California Avenue and west of S Street, a Bakersfield, California, June 5, 2013 — Page 15 8. CONSENT CALENDAR continued ACTION TAKEN pp. Authorize the Finance Director to write off accounts receivable in various funds totaling $152,817.49 and forward non bankrupt accounts to a collection agency for additional collection efforts. qq. Department of Housing & Urban Development (HUD) Action Plan Amendments; 1. FYI 0/11 Action Plan Amendment 10, FYI 1 /12 Action Plan Amendment 3, and FYI 2/13 Action Plan Amendment 4. 2. Transfer $312,380 operating savings from Acquisition and Demolition funds and transfer $1,397,387 capital project savings from various Capital Improvement Projects within the CDBG Fund to the CDBG Operating budget for costs associated with acquisition and /or construction of affordable housing by a Community Based Development Organization (CBDO). Successor Agency Business: rr, Receive and file successor agency payments from May 3, 2013, to May 21, 2013, in the amount of $105.30. A supplemental memorandum has been received regarding Item 8.1, with a new Exhibit A. Councilmember Johnson announced he would abstain due to perception of a conflict, on item 8.m. Councilmember Maxwell requested that items 8.m. and 8.nn. be removed for separate consideration. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar items 8.a. through 8.rr., with the removal of items 8.m. and 8.nn. for separate consideration. Councilmember Johnson left the Chamber at this time. 17 ?6 1727 9 Bakersfield, California, June 5, 2013 - Page 16 CONSENT CALENDAR continued M. Disposition and Development Agreement (DDA) with Golden Empire Affordable Housing, Inc, II ($3,250,000 In various housing funds), to support the construction of a 56 -unit affordable housing complex at 400 20th Street. Motion by Councilmember Maxwell to adopt Consent Calendar Item 8.m. Councilmember Johnson returned to the Chamber at this time. nn. Budgetary actions regarding Centennial Corridor; (TRIP) Appropriate $17,706,000 in Federal SAFETEA -LU funding to the Capital Improvement budget within the TRIP Federal /State fund for continued environmental and advanced preliminary engineering work on the above project. Motion by Councilmember Maxwell to adopt Consent Calendar Item 8.nn. 9. CONSENT CALENDAR PUBLIC HEARINGS a, Protest Hearing to consider Resolution approving and adopting the Public Works Director's Report for the Consolidated Maintenance District and the 2013 -2014 budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (Staff recommends overriding protests and adoption of Resolution.) b. Protest Hearing to consider Resolution approving and adopting the Public Works Director's Report for the Consolidated Maintenance District and the 2013 -2014 budget, confirming the street landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (Staff recommends overriding protests and adoption of Resolution.) ACTION TAKEN AGR 13 -078 APPROVED ABS JOHNSON APPROVED RES 069 -13 RES 070 -13 Bakersfield, California, June 5, 2013 - Page 17 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN C. Protest Hearing to consider Resolution RES 071 -13 approving and adopting the Public Works Director's Report for seventeen (17) Traff ic Signal Maintenance Districts and the 2013 -2014 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector, (Staff recommends overriding protests and adoption of Resolution.) d. Public Hearing to consider Resolution ordering RES 072 -13 the vacation of a sewer line easement and sewer lift station easement on the north side of McCutchen Road between Progress Road and Gosford Road. (Staff recommends adoption of Resolution.) e. Public hearing to consider Resolution ordering RES 073 -13 the summary vacation of a public utilities easement located south of Ming Avenue and west of Canter Way. (Staff recommends adoption of Resolution.) f. Public hearing to consider Resolution approving RES 074 -13 and adopting an adjusted fee for the development and improvement of parks within the City (Proposed 1.98% increase). (Staff recommends adoption of Resolution.) Consent Calendar Public Hearings Items 9.a. through 9,f, opened at 8;35 p,m, No one spoke, Consent Calendar Public Hearings Items 9,a. through 9,f, closed at 8;36 p.m. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar Public Hearings Items 9.a. through 9.f. 1728 17213 Bakersfield, California, June 5, 2013 - Page 18 10. HEARINGS ACTION TAKEN a. Public Hearing for the Fiscal Year 2013 -2014 Operating and Capital Improvement Program Budgets. Administrative Analyst Huot made staff comments and recommended Council hear public testimony, Hearing opened at 8:38 p.m, No one spoke. Hearing closed at 8:39 p.m. b. First Reading of Ordinance adding Section FR 17.04.463 and amending Section 17.08.050 of the Municipal Code relating to medical marijuana dispensaries. Assistant City Clerk Drimakis announced that correspondence was received regarding this Item and provided a supplemental memorandum; one piece of correspondence was received in support of the Ordinance, 20 in opposition to the Ordinance, and 2 with a neutral position; in addition, phone logs attached reflect 183 calls in support of dispensaries remaining open and 1 call In opposition, City Attorney Gennaro made staff comments and recommended Council consideration. Hearing opened at 8:46 p,m, The following individuals spoke in opposition to the Ordinance: Olivia Walker; Mary Becraff, with Creating Alternative Safe Access; David Abbas!; Dr. Jeffrey Raber; Jeff Jarvis; Cristian Baltazar; Olivia Lucksinger; and Heather Epps. Motion by Councilmember Maxwell to extend the public comment period by 15 minutes. APPROVED Bakersfield, California, June 5, 2013 - Page 19 10. HEARINGS continued Item 10,b, continued The following additional individuals spoke in opposition to the Ordinance: Michael B, Richmond; Azure Ross; Douglas McAfee, President of Bakersfield Normal; Nathan Acuna; Liz Clarke, Manager of Golden State Cooperative; Cathy Fink, medical marijuana activist; and William Talbot. Nora Weber spoke in support of the Ordinance. Phil Ganong spoke in rebuttal opposition to the Ordinance. Nora Weber spoke in rebuttal support of the Ordinance. Hearing closed at 9:27 p,m, ACTION TAKEN Motion by Councilmember Maxwell to give First APPROVED Reading to the Ordinance. Councilmember Johnson requested that City Attorney Gennaro clarify for the record that the court ruling said that it was a local decision as to what the cities could or could not do in terms of having an ordinance regulating medical marijuana dispensaries. 11. REPORTS None, 12. DEFFERED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Johnson asked the City Attorney to discuss with him and draft a resolution that would make 1- Sweeps Cafes not permitted within the City and to bring it back for discussion at the June 26m Council Meeting. 1730 1731 Bakersfield, California, June 5, 2013 - Page 20 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Mayor Hall announced that the Bakersfield Firefighters won a Beautiful Bakersfield Award in recognition of their community work and involvement and fundraising to help the less fortunate children and families; and Keep Bakersfield Beautiful won a Beautiful Bakersfield Award in the Environmental category for their volunteers and youth probationers beautification projects, PG &E Earth Day, and the 11 th Annual Great American Cleanup Day. Mayor Hall recognized City Attorney Gennaro for her assistance in getting Hayes Street renamed to Toliver Street, which had its ribbon cutting ceremony on Saturday, where he heard many positive comments about her efforts. Mayor Hall announced that the State of the City Luncheon is scheduled for Tuesday, JUly 9th, at 11:30, at the Marriott Hotel, and he encouraged everyone to attend. 15. ADJOURNMENT Mayor Hall adjourned the meeting at 10:06 p.m. ATTEST; CITY CLERK and Ex Offi i Clerk of the Council of the Ci o Bakersfield 1�