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HomeMy WebLinkAbout12/17/08 CC MINUTES~~~ BAKERSFIELD CITY COUNCIL MINUTES MEETING OF DECEMBER 17, 2008 L Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None. Invocation by Pastor Mike Osthimer, Westbrook Chapel. ACTION TAKEN Presentation of Colors and Pledge of Allegiance by North High School Marine Corps Junior ROTC. 2. INSTALLATION a. Resolution No. 207-08 declaring the results of the General Municipal Election for election of Councilmember for Wards 2, 5, & 6, held in the City of Bakersfield on November 4, 2008. Motion by Vice-Mayor Hanson to adopt Resolution 207-08 declaring the resulfs of the General Municipal Election for the election of Councilmember for Wards 2, 5, and 6 on November 4, 2008. b. Administration of Oath of Office. RES 207-08 APPROVED City Clerk McCarthy administered the Oath of Office to Sue Benham, Harold Hanson and Jacquie Sullivan. Statements were made by re-elected Councilmembers. Benediction by Pastor Mike Osthimer, Westbrook Chapel. Mayor Hall invited everyone to enjoy refreshments in the lobby. r ~ 3. CLOSED SESSION a. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Henry J. Parson, Jr., et al v. City, et al. b. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Perez, MAP (Miguel Angel Perez), et al v. City. c. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One matter) d. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(C) of Government Code Section 54956.9. (One claim) Motion by Vice-Mayor Hanson to adjourn the meeting to Closed Session at 5:28 p.m. Motion by Councilmember Weir to adjourn from Closed Session at 6:42 p.m. RECONVENED MEETING - 6:53 p.m. 4. 5. 6. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None. INVOCATION by Father Perry Kavookjian, St. Elizabeth Ann Seton's Catholic Church PLEDGE OF ALLEGIANCE by Matthew Schweikart, First Grade Student at Rio Bravo-Greeley School. Bakersfield, California, December 17, 2008 -Page 2 ACTION TAKEN APPROVED APPROVED Mayor Hall recognized Boy Scout Troops 317 and 350, and Scoutmasters Doug Reber and Don Johnson. 7. 8. Bakersfield, California, December 17, 2008 -Page 3 CLOSED SESSION ACTION a. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Henry J. Parson, Jr., et al v. City, et al. b. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Perez, MAP (Miguel Angel Perez), et al v. City. c. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One matter) d. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(C) of Government Code Section 54956.9. (One claim) PRESENTATIONS a. Presentation by Mayor Hall of retirement plaques and gift certificates to Frank Errecalde, Conchita Walker, Stephen Walker and John Leon. Mayor Hall presented a Proclamation to Police Officer Dennis Eddy in recognition of his return to full duty. 9. PUBLIC STATEMENTS a. Jayme Seeger spoke regarding Bright House Networks cable service. Councilmember Couch requested staff look into problems with Bright House Networks. ACTION TAKEN DIRECTION GIVEN TO CITYATTORNEY CITY AUTHORIZED SETTLEMENT NOT TO EXCEED $95,000 NO REPORTABLE ACTION DIRECTION GIVEN TO CITY ATTORNEY +~ ~i 3 b. Tom Dorlis requested consideration for appointment to the Miscellaneous Civil Service Board. L '~! 1 10. APPOINTMENTS a. One appointment to the Fire Civil Service Board due to the expiration of term of Dr. Ronald Eaves, term expires December 31, 2008. City Clerk McCarthy announced there is one position available and two applicants: Ronald Eaves and Steven Steiber. Ward 1 Eaves Ward 2 Eaves Ward 3 Eaves Ward 4 Eaves Ward 5 Eaves Ward 6 Eaves Ward 7 Eaves ACTION TAKEN Motion by Vice-Mayor Hanson to re-appoint Dr. Ronald APPROVED Eaves to the Fire Civil Service Board. b. Four appointments to the Keep Bakersfield Beautiful Committee due to the expiration of terms of John Enriquez (Mayor), Stephen Montgomery (Ward 2), David Taylor (Ward 5) and Patrick Frase (Ward 6) whose terms expired November 2008. City Clerk McCarthy announced that these are Ward and Mayor appointments. Motion by Councilmember Benham to reappoint APPROVED Stephen Montgomery to a four year term representing Ward 2 on the Keep Bakersfield Beautiful Committee. Motion by Vice-Mayor Hanson to reappoint David APPROVED Taylor to a four year term representing Ward 5 on the Keep Bakersfield Beautiful Committee. Motion by Councilmember Sullivan to appoint Bob APPROVED Lerude to a four year term representing Ward 6 on fhe Keep Bakersfield Beautiful Committee. Bakersfield, California, December 17, 2008 -Page 4 Motion by Mayor Hall to reappoint John Enriquez to a APPROVED four year term representing the Mayor on the Keep Bakersfield Beautiful Committee. n r~;J; Bakersfield, California, December 17, 2008 -Page 5 10. APPOINTMENTS continued ACTION TAKEN c. Two (2) appointments to the Miscellaneous Civil Service Board due to the expiration of terms of Gregory J. Klimko and Dr. B. J. Moore, terms expiring December 31, 2008. City Clerk McCarthy announced there are two positions available and four applicants: Gregory Klimko, Katerina Bond, Tom Dorlis and Steven Steiber. The first ballot to be cast is for the expiring term of Gregory Klimko. First Ballot: Ward 1 Klimko Ward 2 Klimko Ward 3 Klimko Ward 4 Klimko Ward 5 Dorlis Ward 6 Klimko Ward 7 Klimko Motion by Vice-Mayor Hanson to reappoint Gregory Klimko to a three year term on the Miscellaneous Civil Service Board. City Clerk McCarthy announced the second ballot to be cast is for the expiring term of Dr. B. J. Moore, who did not seek reappointment. Second Ballot: Ward 1 Dorlis Ward 2 Dorlis Ward 3 Dorlis Ward 4 Dorlis Ward 5 Dorlis Ward 6 Dorlis Ward 7 Dorlis APPROVED Motion by Vice-Mayor Hanson to appoint Tom Dorlis to APPROVED a three year term on the Miscellaneous Civil Service Board. ~~ ~ t .S C~ Bakersfield, California, December 17, 2008 -Page 6 10. APPOINTMENTS continued ACTION TAKEN d. One appointment to the Police Civil Service Board due to the expiration of term of Kenneth E. Vetter, term expiring December 31, 2008. City Clerk McCarthy announced there is one position available and four applicants: Kenneth Vetter, Robert Bradford, Michael Majoney and John Mainland. Ward 1 Vetter Ward 2 Vetter Ward 3 Vetter Ward 4 Vetter Ward 5 Wetter Ward 6 Vetter Ward 7 Vetter Motion by Vice-Mayor Hanson to reappoint Kenneth APPROVED Vetter fo a three year term on the Police Civil Service Board. 11. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 19, 2008, Regular Council Meeting. Payments: b. Approval of department payments from November ABS WEIR 7, 2008 to December 4, 2008 in the amount of $30,542,042.98 and self-insurance payments from November 7, 2008 to December 4, 2008 in the amount of $401,911.17. Ordinances: c. First Reading of the following Ordinances: 1. Amending Section 2.40.050 Subsection A FR relating to Powers and Duties of Director and Assistant Director of Emergency Services. 2. Amending Section 17.64.060 Subsection E FR relating to Modifications and Conditional Use Permits. .. ,~ ,~ Bakersfield, California, December 17, 2008 -Page 7 11. CONSENT CALENDAR continued ACTION TAKEN 3, Amending Section 15.66.030 Subsections FR A.3.b.iii and C.1 relating to drilling for and production of Petroleum Permits, and Section 15.66.040 Subsections C.2, C.3 and C.7.b relating to development standards for Class 1 Permits. 4. Deleting Section 17.68.020 Subsection G FR relating to Unreinforced Masonry Buildings. d. Adoption of Ordinance amending Section 17.06.020 ORD 4549 (Zone Map 143-06) of the Municipal Code by changing the zoning from A (Agriculture) zone to C-2 (Regional Commercial) zone on 4.5 acres and from A (Agriculture) to R-1 (One Family Dwelling) zone on 20.14 acres located at the southwest corner of Taft Highway and Chevalier Road (ZC #08-0491 -Moreland Consulting Inc. representing Mid Town Development). (FR 11/19/08) e. Adoption of Ordinance amending Section 17.06.020 ORD 4550 (Zone Map No. 103-19) of the Municipal Code by changing the zoning from PCD (Planned Commercial Development) to revised PCD on 3.87 acres located at the westerly terminus of West Jeffrey Street; west of Union Avenue (ZC #08-0595 -Hughes Surveying representing Sigford Investment, LLC). (FR 11/19/08) Adoption of Ordinance approving Negative ORD 4551 Declaration and amending Section 17.06.020 (Zone Map 124-30) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 8.14 acres, located at the northeast corner of Monitor Street and Hosking Avenue. (ZC 08-0726 -McIntosh and Associates, representing Trend Capital Group, the property owner) appealed by McIntosh and Associates. (FR 1 vl9ios) g. Adoption of Ordinance approving Negative ORD 4552 Declaration and amending Section 17.06.020 (Zone Map 123-36) of the Municipal Code by changing the zoning from A (Agriculture) to R-1-CH (One Family Dwelling with Church Overlay) on approximately 6.36 acres located between the 99 Freeway and Ellashosh Street, south of McKee Road. (ZC 08- 1036 -Marino & Associates representing Citygate Christian Center). (FR 11/19/08) l:.)~U 11 Bakersfield, California, December 17, 2008 -Page 8 CONSENT CALENDAR continued ACTION TAKEN h. Adoption of Ordinance approving Negative ORD 4553 Declaration, denying the appeal, and amending Section 17.060.020 (Zone Map 123-02) of Municipal Code by changing the zoning from R-S (Residential Suburban Zone) to R-2 (Limited Multiple Family Dwelling Zone) on 0.238 acres (10,384 square feet), located at the northeast corner of Belle Terrace and Fiorito Street. (ZC 08-1044 Delmarter and Deifel representing Troy and Wilma Chastain). (FR 11/19/08) Adoption of Ordinance approving Negative ORD 4554 Declaration and amending Section 17.06.020 (Zone Map 104-07) of the Municipal Code by changing zoning from A (Agriculture) to M-1 (Light Manufacturing) on 47 acres and A to R-2 (Limited Multi-Family Dwelling) on approximately 14 acres, generally located at the northeast of Morning Drive and Paladino Drive (ZC 08-1168 - Trimco, LLC) (FR 11/19/08) Adoption of Ordinance approving Negative ORD 4555 Declaration, amending Title 17 of Municipal Code and amending Zoning Map 142-03 from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 18.53 acres, generally located at the southwest corner of Taft Highway (SR 119) and Stine Road. (ZC 07-1806 -Scott Underhill and Mark Smith) (FR 11/19/08) Resolutions: k. Sewer Connection Fee Assessments: 1. Resolution confirming assessments for RES 208-08 sewer connection fee and authorizing the collection of assessments by the Kern County Tax Collector. AGR 08-218 2. Agreement with Barbara Allen Steele, 2605 Bernice Drive, to pay sewer connection fee I n installments and notice of special assessment lien. J ,~~ ~ Bakersfield, California, December 17, 2008 -Page 9 11. CONSENT CALENDAR continued ACTION TAKEN I. Resolution confirming approval by the Assistant City RES 209-08 Manager 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 authorize collection of the assessments by the Kern County Tax Collector. m. Exchange of Real Property Resolution declaring real property located at 2847 Van Buren Place surplus to needs of the City. 2. Agreement with Christ Cathedral Church to exchange city property for a sump within Tentative Tract 6921 located north of Rosedale Highway and west of Allen Road. RES 210-08 AGR 08-219 DEED 7024 Sale of Real Property Resolution declaring real property located north of Mall View Road, east of the East Hills Mall surplus to needs of the City. 2. Agreement with Gardens at East Hills, LLC ($196,000.00) to purchase property located north of Mall View Road, east of the East Hills Mall. RES 211-08 AGR 08 220 DEED 7025 3. Amendment No. 1 to Agreement No. 08-025 with Gardens at East Hills Mall, LLC and Irv Guinn Construction o. Resolution adopting the Investment Policy of the City. p. Purchase of Hazardous Materials Response Vehicle with combination of federal grant funds and City funds: Resolution determining that the Hazardous Materials Response Vehicle cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $546.234.00. AGR 08-025(1) RES 212-08 RES 213-08 ( .# 11. Bakersfield, California, December 17, 2008 -Page 10 CONSENT CALENDAR continued ACTION TAKEN Item 11.p. continued 2. Appropriate $500,000.00 federal grant revenue (Homeland Security) and appropriate $46,234.00 Equipment Management Fund balance to the Public Works Department Operating Budget within the Equipment Management Fund for the purchase of the Hazardous Materials Response Vehicle from Pierce Manufacturing Inc. q. Memorandum of Understanding between City and County of Kern: Resolution determining that the City RES 214-08 Manager, or his designee, is appointed as agent authorized to execute any actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub- granted through the State of California to the County of Kern and through the County of Kern to the City of Bakersfield. 2. Approval of Memorandum of Understanding AGR 08-222 between the City and the County of Kern - Homeland Security grant funding agreement for equipment, software, training, planning or other professional services that require contractual waivers of liability, mutual indemnification or other restrictive contractual requirements. r. Resolutions forming the following Traffic Signal Maintenance Districts and preliminarily adopting, confirming and approving the Public Works Director's Report: 1. Area TS-18 (NW corner of S. "H" Street and RES 215-08 Berkshire Road) 2. Area TS-15 (420 34th Street) RES 216-08 s. Resolution adding Area 4-89 (Mt. Vernon, Bernard RES 217-08 NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. ..r ,-- - Bakersfield, California, December 17, 2008 -Page 11 ~ ~ ~ 11. CONSENT CALENDAR continued ACTION TAKEN t. Resolution of Intention No. 1629 adding territory Area 3-66 (Taft Hwy, Old River Rd NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. Agreements: Final Map and Improvement Agreement with Bakersfield Scenic River, LLC, for Tract Map 7123 located north of Meany Avenue and east of Coffee Road. v. Median Island on Hosking Avenue between Zermatt Street and Tract 6368 (Southwest Corner of Hosking Avenue and Shannon Drive) Agreement with Moreland Family, LLC ($42,000.00) for construction of Median Island Improvements on Hosking Avenue between Zermatt Street and Tract 6368. 2. Appropriate $35,400 developer share of project cost to the Public Works Department's Capital Improvement Budget within the Gas Tax Fund. w. Agreement with Nolte Associates, Inc., ($4,193,571.48) for construction management services for Westside Parkway Phase 1 -Mohawk Extension. x. Agreement with Muxlow Construction ($50,000.00) of Community Development Block Grant Funds to provide handicap accessibility improvement services to qualified low-income residents in privately owned structures. y. Purchase real property from Sean Minor and Zachery Forster ($470,717.00) located at 408 and 424 20th Street for public parking and developing a staging area for Mill Creek and Central Park. z. Agreement with Kern High School District ($50,000.00) for use of aquatic facilities for practice and swim meets. aa. Traffic Impact Fee Agreement with Castle & Cooke California, Inc. ($175,012.00 credit) for improvements on Stockdale Highway. ROI 1629 AGR 08-223 AGR 08-224 REMOVED AGR 08-225 AGR 08-227 DEED 7028 ABS COUCH AGR 08-228 AGR 08-229 r r ~ 11 Bakersfield, California, December 17, 2008 -Page 12 CONSENT CALENDAR continued ACTION TAKEN bb. License Agreement with the North Kern Water AGR 08-230 Storage District for the construction, operation, and maintenance of canal intertie facilities between the Calloway Canal and the Cross Valley Canal within City owned property. cc. Reimbursement Agreement with Big West of REMOVED California, Inc. ($323,000.00) for abandonment and removal of certain pipeline facilities as part of the Westside Parkway Project. dd. Amendment No. 1 to Agreement 07-416 with Krazan AGR o7-4160) & Associates, Inc., ($31,500.00; not to exceed $489,628.75) for material testing services for various construction projects, calendar years 2008- 2009. ee. Amendment No. 1 to Agreement 07-424 with Toter, AGR 07-424(1) Inc., ($100,000.00; not to exceed $397,000.00 and extending term for one (1) year) for the annual contract for trash carts. ff. Amendment No. 1 to Agreement 07-175 with HPS AGR o7-175(1) Mechanical, Inc. (not to exceed $401,870.00 and extending term to June 30, 2009) for annual contract -sewer connection and abandonment. gg. Amendment No. 1 to Agreement 06-208 with REMOVED Dokken Engineering (additional $2,272,000.00) for engineering design services for the Westside Parkway Project Phase IV. (TRIP) hh. Amendment No. 1 to Agreement No. 06-023 with AGR 06-023(1) MuniSenrices, LLC to expand the scope of work to include fuel tax and credit recovery services. ii. Amendment No. 1 to Agreement No. 08-192 with AGR 08-192(1) Bakersfield Senior Center, Inc. ($20,000.00, total not to exceed $85,000.00) of Community Development Block Grant funds for operational expenses at 530 4th Street. jj. Amendment No. 2 to Agreement No. 07-184 with REMOVED outside counsel, Griswold, LaSalle, Cobb, Dowd & Gin, LLP (total not to exceed $175,000.00) to provide legal services to handle right-of- way/eminent domain cases for the Westside Parkway. 3 r. ~. 3 Bakersfield, California, December 17, 2008 -Page 13 11. CONSENT CALENDAR continued ACTION TAKEN kk. Amendment No. 2 to Agreement No. 06-345 with Valley Pacific Petroleum Services, Inc. ($4,000,000.00; not to exceed $12,000,000.00 and extending term for one (1) year) to the annual contract for gasoline and diesel fuel. Contract Change Order Nos. 4 - 9 to Agreement 08- 062 with Granite Construction ($50,279.50; total not to exceed $8,215.831.50) for the project known as Allen Road Improvements between Ming Avenue and Stockdale Highway. mm. Contract Change Order No. 40 to Agreement No. 07-304 with Security Paving Construction ($74,641.25; total not to exceed $29,606.891.30) for State Route 178 and Fairfax Road Interchange Project. (TRIP) Bids: nn. Accept bids from DDL Traffic, Inc. ($32,845.35), McCain, Inc. ($121,386.07) and Valmont Industries ($132,014.10) for signal equipment. t oo. Accept bid and award contract to Granite Construction ($701,268.10) for double left turn lane construction at the intersection of White Lane at Ashe Road. pp. Accept bid and award contract to Griffith Company ($1,319,645.00) for resurfacing and reconstruction of various streets for fiscal year 2007/2008 -Phase I. qq. Accept bid and award contract to Griffith Company ($1,296,794.00) for resurfacing various streets for fiscal year 2007/2008 -Phase II. rr. Accept bid and award contract to Precision Analytical, Inc. ($183,980.60) to construct the driveway entrance remodel for the United States Postal Service Hillcrest Carrier Annex Project. ss. Accept bid from Water Splash, Inc. ($78,475.68) for Saunders Park Wet Play Equipment. tt. Accept bid and award contract to A/C Materials, Inc. ($566,599.45) for the construction of shoulder paving at S. Mt. Vernon Avenue and E. Planz Road. AGR 06-345(2) AGR 08-062 0004, 0005, 0006, 0007, 0008, 0009 AGR 07-304 00040 AGR 08-232 AGR 08-233 AGR 08-234 AGR 08-235 AGR 08-236 /., ~. "{ 11 Bakersfield, California, December 17, 2008 -Page 14 CONSENT CALENDAR continued ACTION TAKEN uu. Accept bid and award contract to Pickinpaugh Concrete Construction, Inc., (not to exceed $100,000.00) for the annual provision -block wall repair. w. Rescind bid award to Bakersfield Truck Center ($297,628.74) for one (1) side loading refuse truck. ww. Accept bid from Golden State Peterbilt ($2,557,030.75) for two (2) replacement LNG front loading refuse trucks and seven (7) LNG side loading refuse trucks (6-replacement, 1-additional) for the Public Works Department Solid Waste Division. xx. Accept bid and award contract to Housley Demolition Excavation ($72,975.00) for the demolition of 830 California Avenue the former Carriage Masters building. Miscellaneous: yy. Audit Reports for fiscal year ended June 30, 2008: 1. Comprehensive Annual Financial Report (CAFR). 2. Independent Auditors Report -Compliance with contractual requirements relative to the Bakersfield Subregional Wastewater Management Plan. 3. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City. 4. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre. zz. Fiscal Year 2008-09 Budget Reductions 1. Reduce Council Contingency appropriations in the General Fund Non-departmental budget by $200,000. AGR 08-237 REMOVED FOR SEPARATE CONSIDERATION 2. Reduce Retiree Health Insurance appropriations in the General Fund Non- departmental budget by $2,500,000.00. Bakersfield, California, December 17, 2008 -Page 15 11. CONSENT CALENDAR continued ACTION TAKEN City Clerk McCarthy announced that correspondence was received from staff regarding removing items 11.w., 11.cc., ~+ 11.gg., 11.jj., and correcting item 11.ii. with language to include an appropriation. Councilmember Weir announced he would abstain due to conflict of interest, source of income on item 11.b. Councilmember Couch announced he would abstain due to conflict of interest, potential source of income to himself and his employer on items 11.y. and 11.xx. Motion by Vice-Mayor Hanson to approve Consent APPROVED Calendar Items 11.a. through 11.zz., with the deletion of items 11. w., 11.cc., 11.gg. and 11.jj, and the removal of item 11.xx. for separate consideration, as requested by Councilmember Benham. Councilmember Couch left the meeting. 11. CONSENT CALENDAR continued xx. Accept bid and award contract to Housley AGR 08-238 Demolition Excavation ($72,975.00) for the ~. demolition of 830 California Avenue the former Carriage Masters building. Motion by Councilmember Benham to accept bid and gppROVED award contract. AB COUCH Councilmember Couch returned to the meeting. 12. CONSENT CALENDAR HEARINGS None. 13. HEARINGS a. Public Hearing to consider Resolution adopting the RES 218-08 2007-2008 Regional Transportation Impact Fee Facilities List and Fee Schedule, Phase III. Public Works Director Rojas made staff comments. Hearing opened at 7:53 p.m. No one spoke. Hearing closed at 7:54 p.m. Motion by Vice-Mayor Hanson to adopt the Resolution. APPROVED .. < .i .. .. ~ .! ~; 14. REPORTS None. 15. Bakersfield, California, December 17, 2008 -Page 16 The Cost of a Feasibility Study for recycling facilities. 2. Possible ways to expand the City's Blue Cart Recycling Program. 16. 17. DEFERRED BUSINESS a. Report on Recycling Program Issues: Public Works Director made staff comments and presented the report with the recommendation that the report be received and filed for future reference due to the current economic conditions. Councilmember Benham recommended that the report be referred to the Budget & Finance Committee to consider the report in more detail. NEW BUSINESS a. Election of Vice-Mayor. Motion by Vice-Mayor Hanson to elect Councilmember Scrivner as Vice-Mayor of the City of Bakersfield. COUNCIL AND MAYOR STATEMENTS Councilmember Benham asked staff to look at the condition of a broken sidewalk on Baker Street and provided constituent correspondence. Councilmember Benham asked staff to check into a safety and graffiti issue at Bessie Owens Intermediate School and provided constituent correspondence. Councilmember Benham wished everyone in the community a safe and happy Holiday. Councilmember Weir referred to the Budget & Finance Committee the issue of studying and evaluating the possibility of allocating one-time monies to fulfill the current year's obligation for unfunded liabilities. ACTION TAKEN APPROVED NS BENHAM r i E I Bakersfield, California, December 17, 2008 -Page 17 17. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Weir stated he would like to see the City's Solid Waste Division and the solid waste haulers get together to develop along-range plan and goal to address the recycling obligations, and he referred that matter to the Budget & Finance Committee. Councilmember Weir wished everybody a Merry Christmas and Happy Holidays. Councilmember Carson asked Public Works staff to check the corner of California Avenue and R Street in front of the church for an unsafe condition. Councilmember Carson asked Public Works to check into the containers at 1301 California Avenue that have not been emptied for several days. Councilmember Carson wished everyone a Merry Christmas and a Happy New Year. Councilmember Couch handed in some referrals and wished everyone a Merry Christmas and a Happy New Year. Councilmember Scrivner thanked City Manager Tandy and City Attorney Gennaro for the great year of work done for all of the City Council. Councilmember Scrivner wished staff, the citizens of Bakersfield, and the City Council a Merry Christmas. Councilmember Scrivner thanked the City Council for electing him as Vice-Mayor. Councilmember Sullivan asked staff to evaluate the condition of the median on Ming Avenue, to check if it is on the list and the possibility of making a plan to upgrade the looks of that and report back to her. Councilmember Sullivan thanked the City Council for the good and hard work that has been done this year, wished everyone a wonderful Christmas season, thanked City Clerk McCarthy for the installation ceremony, and wished everyone a Happy New Year. Vice-Mayor Hanson congratulated City Clerk McCarthy for her recent certification as Master Municipal Clerk. Vice-Mayor Hanson to provide an overview of the removed items from the agenda because of today's State action. ~Y8 Bakersfield, California, December 17, 2008 -Page 18 17. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN City Manager Tandy responded that there is more clarification and research to be done and provided a brief synopsis of withdrawal of funds by the State, resulting in freezing $3 billion worth of capital improvements activities statewide and in excess of $135 million locally, which stops current and future projects for an undetermined amount of time. Vice-Mayor Hanson thanked the citizens of Bakersfield who applied for the various civil boards that were on the agenda. Vice-Mayor Hanson wished a Merry Christmas, Happy Holidays and good health to staff, the Mayor and City Council, and the citizens of Bakersfield. Mayor Hall congratulated Councilmembers Benham and Sullivan, and Vice-Mayor Hanson for completing the swearing in process this evening for another four-year term; and congratulated Councilmember Scrivner for becoming Vice-Mayor, and expressed his appreciation to Vice-Mayor Hanson for his service as Vice-Mayor for the past two years and stated he looks forward to the next two with Councilmember Scrivner. Mayor Hall made comments regarding the difficult financial situation, mentioned he has cut the Mayor's budget by $17,000, and indicated everyone will need to be aware and be willing to help. Mayor Hall announced he is concluding his second four- year term, is looking forward to another term and his swearing-in ceremony on January 5, 2009. Mayor Hall wished everyone a Happy Holiday Season. 18. ADJOURNMENT Mayor Hall adjourned the meeting at 8:22 p.m.. ATTEST: ~~~, CITY CLERK and Ex fi o Clerk of the Council of the City o Bakersfield i