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HomeMy WebLinkAbout04/21/10 CC MINUTESBAKERSFIELD CITY COUNCIL MINUTES MEETING OF APRIL 21, 2010 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Scrivner, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan Absent: None. 2. INVOCATION by Reverend Matthew Spencer, Our Lady of Guadalupe Church. 3. PLEDGE OF ALLEGIANCE by Cori Fanucchi, Kindergarten student at Downtown Elementary School. Mayor Hall recognized Boy Scout Troops 125, 44 and 12, as well as the Ridgeview High School government class in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Steve Eisen, President and Founder, Bakersfield Jazz Workshop, declaring April, 2010, Jazz Appreciation Month. Mr. Eisen accepted the Proclamation and made comments. b. Presentation by Mayor Hall of a Proclamation to Omar Macias, declaring April, 2010, Motorcycle Awareness Month. Mr. Macias accepted the Proclamation and made comments. ACTION TAKEN 943 04' Bakersfield, California, April 21, 2010 - Page 2 5. PUBLIC STATEMENTS ACTION TAKEN a. William O'Rullian, with Kern County Environmental Health, spoke regarding the City's involvement in National Public Health Month and expressed his appreciation to the Wastewater Treatment Plant No. 2 and the tour provided to boy scouts from various troops; asked each scout to introduce himself, presented a Certificate to Wastewater Manager Louis Sun, and acknowledged Wastewater Treatment Plant No. 2 Supervisor David Bradshaw; and Diana Wilson spoke regarding the efforts of the Sizzler Restaurant on Mt. Vernon Avenue for allowing the scouts to tour its facility and learn about the proper handling of food as part of Public Health Month. b. Al Galvez, with Pacific, Gas & Electric Company, spoke regarding PG &E'S Care Program and requested the opportunity to come back and make a presentation to Council at a later date regarding the proposed rate structure; Bill Prewett spoke in support of the efforts by the Kern County Taxpayers Association regarding PG &E utility rate issues; and Jayme Seeger spoke in opposition to PG &E Proposition 16. C. Jayson W. Mixon spoke in support of the Liberty Tree Proposal at Central Park and provided written material. Councilmember Sullivan referred this matter to the Community Services Committee. d. Stefan Lambert spoke regarding the need for a sensitivity committee and provided written material. 6. WORKSHOPS a. Presentation by Michael Turnipseed, Executive Director, Kern County Taxpayers' Association, regarding PG &E utility rate issues. Mr. Turnipseed made a powerpoint presentation and provided written material. 945 Bakersfield, California, April 21, 2010 - Page 3 6. WORKSHOPS continued Councilmember Couch asked staff to look into the feasibility of joining in the efforts of Kern County Taxpayers' Association with regard to the PG &E utility rate issues. 7. APPOINTMENTS a. One appointment to the Bakersfield Redevelopment Agency due to the expiration of term of James A. Knapp, whose term expires April 22, 2010. City Clerk Gafford announced one application for the position had been received from the incumbent. Mayor Hall nominated James Knapp. ACTION TAKEN Motion by Vice -Mayor Scrivner to ratify the APPROVED reappointment of James Knapp to a four -year term on the Bakersfield Redevelopment Agency, term expiring April 22, 2014. b. Two appointments to the Planning Commission due to the expiration of terms of Edward (fed) Blockley (Ward 2) and Thomas McGinnis (Ward 4), whose terms expire April 30, 2010. City Clerk Gafford announced two applications for the positions had been received from Thomas McGinnis and Elliott Jacob Kirschenmann. Motion by Councilmember Benham to appoint APPROVED Elliott Kirschenmann as the Ward 2 member to a four -year term on the Planning Commission, term expiring April 30, 2014. Motion by Councilmember Couch to reappoint APPROVED Tom McGinnis as the Ward 4 member to a four - year term on the Planning Commission, term expiring April 30, 2014. 9A6 Bakersfield, California, April 21, 2010 - Page 4 7. APPOINTMENTS continued ACTION TAKEN C. Appointment of City representative and alternate to the Local Agency Formation Commission by Vice -Mayor Scrivner, terms expire May, 2010. Motion by Vice -Mayor Scrivner to reappoint APPROVED Councilmember Couch as the City representative and Councilmember Hanson as the alternate to a four -year term on the Local Agency Formation Commission, terms expiring May, 2014. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the April 7, 2010 Regular City Council Meeting, Payments: b. Approval of department payments from March 26, 2010 to April 8, 2010 in the amount of $9,187,120.46 and self- insurance payments from March 26, 2010 to April 8, 2010 in the amount of $173,146.37. Ordinances: C. Adoption of Ordinance amending Municipal ORD 4618 Code § 1. 12.040 and § 1. 12.050 by adding Annexation No. 607 consisting of 1.04 acres located along the west side of Allen Road, north of Rosedale Highway to Ward 4 and Annexation No, 549 consisting of 39,90 acres located on the northeast corner of Old River Road and McCutchen Road to Ward 5. (FR 04/07/10) Resolutions: d. Resolution confirming approval by the Assistant RES 046 -10 City 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. 8. Bakersfield, California, April 21, 2010 - Page 5 CONSENT CALENDAR continued ACTION TAKEN e. Resolutions adding the following territories to the Consolidated Maintenance District, confirming the assessments, approving the Public Works Director's Reports and authorizing collection of assessments by the Kern County Tax Collector. RES 047 -10 1. Area 2 -43 (3220 Ming Avenue) RES 048 -10 2. Area 3 -81 (2800 Panama Lane) f. Resolutions of Intention (ROI) to add territory to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report: 1. ROI No. 1663 to add territory, Area 5 -59 8011663 (2424 Cottonwood Road). 2. ROI No. 1664 to add territory, Area 2 -44 ROI 1664 (6320 District Boulevard). 8011665 3. ROI No. 1665 to add territory, Area 4 -95 (1818 Dracena Street). g. Sewer connection and construction fees assessments for 141 Dunlap Street: 1. Resolution confirming assessments for RES 049 -10 sewer connection and construction fees and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Jesse N. Hernandez & AGR 10 -045 Sandra V. Hernandez to pay sewer connection and construction fees in installments and notice of special assessment lien. h. Sewer connection fee assessment for 1913 Wade Avenue: 1. Resolution confirming assessments for RES 050 -10 sewer connection fee and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Erik Centeno to pay AGR 10 -046 sewer connection fee in installments and notice of special assessment lien. 9. 94 7 A Ad8 Bakersfield, California, April 21, 2010 - Page 6 CONSENT CALENDAR continued Emergency repairs to sewer main near the intersection of 32nd Street and H Street: 1. Amendment No. 1 to Resolution No. 035 -10 dispensing with bidding procedures due to emergency sewer repairs near the intersection of 32nd Street and H Street, increasing the not to exceed amount from $200,000 to $310,000. 2. Appropriate $110,000 Sewer Enterprise Fund Balance (Wastewater Treatment Plant No. 2) to the Public Works Department Capital Improvement Budget to fund said emergency repairs. Agreements: j. Workers Compensation Utitlization Review and Nurse Case Management: 1. Agreement with Professional Dynamics, Inc. (not to exceed $45,000 annually) to provide utilization review services. 2. Agreement with Comprehensive Care Systems (not to exceed $100,000) to provide nurse case management services. Amendment No. 1 to Agreement No. 07 -063 with Steven Hendrix assigning ground lease of hangar space at the Bakersfield Municipal Airport to Robert Moore. Amendment No. 3 to Agreement No. 03 -181 with Andre Family Rentals ($2,000 per month) to lease space at 1420 G Street for Police Department records storage. Bids: M. Reject all bids for Pavement Rehabilitation 2009 CDBG -R Phase 2. n. Accept bid from Stewart Staffing Support Services, Inc. ($53,993.20) for sixteen (16) Panasonic Toughbook Mobile Data computers for the Police Department. ACTION TAKEN RES 035 -10(1) AGR 10 -047 AGR 10 -048 AGR 07- 063(1) AGR 03- 181(3) 949 8 A Bakersfield, California, April 21, 2010 - Page 7 CONSENT CALENDAR continued ACTION TAKEN o. Furnish and Install electrical switchboard at the Convention Center: 1. Accept bid and award contract to Gold AGR 10 -049 Coast Electric, Inc. ($46,999) for the project. 2. Approve transfer of $5,858 savings from capital project (Replace A/C Unit at the Corporation Yard) to the Public Works Department Capital Improvement Budget within the Capital Outlay Fund for the project. P. Accept bid and award annual contract to AGR 10 -050 ThyssenKrupp Elevator Corp. (not to exceed $16,820) for elevator maintenance. Miscellaneous: q. Consolidated Plan 2015, Analysis of Impediments to Fair Housing Choice 2015, Fiscal Year 2010/11 Action Plan and, Citizen Participation Plan. Motion by Vice -Mayor Scrivner to adopt Consent APPROVED Calendar items 8.a. through 8.q. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for Marc Hailing v. City, KCSC Case No. S- 1500 -CV- 266789 -DRL. b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. Motion by Vice -Mayor Scrivner to adjourn to Closed APPROVED Session at 6.24 p.m. Motion by Councilmember Weir to adjourn from APPROVED Closed Session at 7.50 p.m. RECONVENED MEETING AT 7:57 p.m. 10. 12. 13. 14. 15. 950 Bakersfield, California, April 21, 2010 — Page 8 CLOSED SESSION ACTION ACTION TAKEN a, Conference with Legal Counsel - Existing CITYATTORNEY Litigation; Closed Session pursuant to subdivision GIVEN DIRECTION (a) of Government Code Section 54956.9 for Marc Halling v, City, KCSC Case No. S- 1500 -CV- 266789 -DRL. b. Conference with Labor Negotiator pursuant to CITYATTORNEY Government Code Section 54957.6, GIVEN DIRECTION CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider Resolution ordering RES 051 -10 the abandonment of excess street dedication on Newquist Drive and North Gate Drive. (Staff recommends adoption of resolution.) b. Public Hearing to consider Amendment No. 2 to RES 133 -07(2) Resolution No. 133 -07 establishing Underground Utility District No. 2, Division 31 (Sports Village). (Staff recommends overriding protests and adoption of amendment to resolution.) c. Public Hearing to consider Resolution RES 052 -10 establishing industrial and commercial sewer service user surcharges for Fiscal Year 2010 -11. (Staff recommends adoption of resolution.) Consent Calendar Public Hearings opened at 7:58 p.m. No one spoke. Consent Calendar Public Hearings closed at 7:58 p.m. Motion by Vice -Mayor Scrivner to adopt Consent APPROVED Calendar Public Hearing items 11.a. through l 1.c. AB BENHAM HEARINGS None. REPORTS None. DEFERRED BUSINESS None. NEW BUSINESS None. Bakersfield, California, April 21, 2010 - Page 9 ACTION TAKEN 16, COUNCIL AND MAYOR STATEMENTS Councilmember Couch referred to staff correspondence he received from a constituent regarding vicious dogs. Councilmember Sullivan thanked Recreation and Parks Director Hoover for giving her a tour of the Kern River Parkway. Councilmember Sullivan mentioned she saw two people throwing litter out of their cars and encouraged everyone to have pride in our city. Mayor Hall announced that the Great American Cleanup Day last Saturday was successful, and he would have more to report at a later date. 17. ADJOURNMENT Mayor Hall adjourned the MAYOR of the City of Bakersfield, CA ATTEST; f - -Z P� �-- - - CITY CLERK and Ex Off! 'o Clerk of the Council of the City o Bakersfield 951 952 Bakersfield, California, April 21, 2010 — Page 10 * ** *THIS PAGE INTENTIONALLY LEFT BLANK * * **