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
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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.
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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
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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,
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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
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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
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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
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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,
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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
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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
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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)
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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
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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,
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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.
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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.
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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
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