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Home My WebLink About01/12/11 CC MINUTES1113 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 12, 2011 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 Couch, Councilmembers Salas, Benham, Weir, Hanson, Sullivan (seated at 5:17 p.m.), Johnson Absent: None. 2. INVOCATION by Chaplain Angelo Frazier, Bakersfield Rescue Mission. 3. PLEDGE OF ALLEGIANCE by Elias Munoz, 5th grade student at Col. Nichols School. 4. WORKSHOPS None. 5. PRESENTATIONS a. Presentation by Mayor Hall of Certificates of Achievement to Javier Bermea, representing State Farm Insurance Bakersfield Operations Center, and Aaron Wunderlich, representing Frito Lay, Inc., acknowledging the companies being honored as 2010 CalRecycle Waste Reduction Award recipients. Mr. Bermea accepted the Certificate for State Farm and made comments. 6. PUBLIC STATEMENTS None. ACTION TAKEN I 11 Bakersfield, California, January 12, 2011 - Page 2 7. APPOINTMENTS ACTION TAKEN a. One appointment to the Board of Building Appeals due to the long-term vacancy previously held by John Cohrs. City Clerk Gafford announced that one application has been received from Ray Chopra. Motion by Vice-Mayor Couch to appoint Ray Chopra APPROVED to the Board of Building Appeals. b. Appointments to City Council Committees and other special Committees and Boards by Vice- Mayor for 2011-2012. Vice-Mayor Couch provided a list to the City Council of APPROVED his recommended appointments and made a motion to approve those appointments with a change to the City Selection Committee appointments (listed below). BUDGET AND FINANCE Johnson - Chairperson Weir Benham COMMUNITY SERVICES Sullivan - Chairperson Salas Couch PLANNING AND DEVELOPMENT Hanson - Chairperson Benham Weir SAFE NEIGHBORHOODS Salas - Chairperson Johnson Sullivan LEGISLATION AND LITIGATION Benham - Chairperson Sullivan Salas PERSONNEL Weir - Chairperson Couch Hanson Bakersfield, California, January 12, 2011 - Page 3 i f 5 11. APPOINTMENTS continued Item 11.b. continued WATER Couch - Chairperson Hanson Johnson SOLID WASTE MANAGEMENT ADVISORY COMMITTEE Weir - Appointee Hanson - Alternate LAFCO Couch - Appointee Hanson - Alternate KERN COUNCIL OF GOVERNMENTS Hanson - Appointee Couch - Alternate PLANNING COMMISSION LIAISON Hanson - Appointee KERN COUNTY MUSEUM AUTHORITY Mayor Hall - Appointee SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT BOARD - CITY SELECTION COMMITTEE Salas - Appointee Johnson - Alternate KERN ECONOMIC DEVELOPMENT CORPORATION EDCD Director Kunz - Appointee 8. CONSENT CALENDAR Minutes: ACTION TAKEN a. Approval of minutes of the December 15, 2010 Regular City Council Meeting. 'I t6 Bakersfield, California, January 12, 2011 - Page 4 8. CONSENT CALENDAR continued ACTION TAKEN Payments: b. Approval of department payments from December 3, 2010 to December 30, 2010 in the amount of $18,028,249.09 and self-insurance payments from December 3, 2010 to December 30, 2010 in the amount of $382,160.54. Ordinances: C. First Reading of Ordinance amending Municipal Code Section 1. 12.070 by adding Annexation No. 613 consisting of 6.36 acres located south of McKee Road, between Highway 99 and Ellashosh Street; and, Annexation No. 626 consisting of 33.68 acres located along the south side of Taft Highway, west of Highway 99, east and west of Compagnoni Street to Ward 7. Resolutions: d. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secures 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. e. Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to the Section 34090 et seq. of the Government Code. (Finance Department) Amendment No. 2 to Resolution No. 088-10 approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Government Code Section 34090, et seq. (Public Works Department) ABS COUCH, JOHNSON FR RES 001-11 RES 002-1 l RES 088-10(2) Bakersfield, California, January 12, 2011 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN g. Sewer connection and construction fees assessments for 4312 Joseph Drive: 1. Resolution confirming assessments for RES 003-11 sewer connection and construction fees and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Heidi Boyette to pay AGR 11-001 sewer connection and construction fees in installments and notice of special assessment lien. h. Resolution of Intention No, 1681 to order the REMOVED FOR vacation of 27th Street between the east right of SEPARATE CONSIDERATION way of Chester Avenue and the west right of way of K Street and a portion of the north/south alley between 28th Street and 26th Street. I. Resolution of Intention No. 1682 to order the ROI 1682 vacation of 13th Street from the east right of way of P Street to the east right of way of the Kern Island Canal; Q Street from the north right of way of California Avenue to the south right of way of 13th Street and the east/west alley located in Block 387. Resolution of Intention No. 1684 to add territory, ROI 1684 Area 4-99 (Q Street) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. k. Resolution of Intention No. 1685 to add territory, ROI 1685 Area 4-100 (Mill Creek) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. Agreements: Agreement with Kern High School District (not to AGR 11-002 exceed $75,000 paid to the City) for use of aquatic facilities for practice and swim meets. 7 Bakersfield, California, January 12, 2011 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN M. Amendment No. 1 to Agreement No. CA] 0-004 AGR 11-003 with Griswold, LaSalle, Cobb, Dowd & Gin, LLP (not to exceed $80,000) for outside legal services in the matter of City v. Wanamaker, et al (KCSC Case No. S-1500-CV-264881 SPC) and City v Wanamaker, et al (KCSC Case No. S-1500-CV-269940 SPC). n. Amendment No. 2 to Agreement No. 90-279 REMOVED with Nextel Spectrum Acquisition Corp. (extend term and increase rent) for radio tower lease at 8101 Ashe Road. o. Amendment No. 1 to Agreement No. 09-028 AGR 09-028(1) with Nolte Associates, Inc. ($2,714,974.46; revised not to exceed $6,908,545,94) for construction management services for the Westside Parkway Project. (TRIP) P, Wastewater Treatment Plant No. 3 - 2007 Expansion Project: Final Contract Change Order No. 14 to AGR 07-302 Agreement No. 07-302 with Kiewit Pacific 00014 Corp. ($99,500; revised not to exceed $219,461,820) for project. 2. Appropriate $99,500 Sewer Enterprise Fund Balance (Wastewater Treatment Plant No. 3) to the Public Works Capital Improvement Budget to fund project. Bids: q. Accept bid and approve contract with Terry AGR 11-004 Bedford Concrete Construction, Inc. (not to exceed $1,085,629.79) for construction of HUD curb and gutter. Miscellaneous: Appropriate $102,403 Federal Grant funds from the USDA Forest Service and $55,403 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 mutual aid assignments. Bakersfield, California, January 12, 2011 - Page 7 8. CONSENT CALENDAR continued Metropolitan Medical Response System (MMRS) FY 2010 Grant: Accept Federal grant for $317,419 FY 2010 MMRS Grant. 2. Appropriate $67,000 Federal Grant Revenue to the Fire Department Operating Budget within the MMRS Fund. t. Appropriate $68,560 from First Five Kern grant revenues to the Recreation and Parks Operating Budget to provide a water safety education program (Make-A-Splash). U. Review and accept Fiscal year 2009-2010 Annual Compliance Report for park impact fees prepared in accordance with California Government Code §66006. V. Review and accept Fiscal year 2009-2010 Annual Compliance Report for bridge crossing and major thoroughfare fees prepared in accordance with California Government Code §66006. W. Review and accept Fiscal year 2009-2010 Annual Compliance Report for planned drainage area fees prepared in accordance with California Government Code §66006. X. Review and accept Fiscal year 2009-2010 Annual Compliance Report for planned sewer area fees prepared in accordance with California Government Code §66006. Y. Review and accept Fiscal year 2009-2010 Annual Compliance Report for transportation impact fees prepared in accordance with California Government Code §66006. Z. Resolution opposing the Governor's efforts to eliminate California Redevelopment Agencies or reduce Redevelopment funding which will result in extreme negative repercussions to the Bakersfield Community. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION 1119 lizo Bakersfield, California, January 12, 2011 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN City Clerk Gafford announced that staff has submitted corrected exhibits to item 8.k., and staff has also requested that item 8.n. be pulled from the agenda. Councilmember Salas requested that item 8.z. be removed for separate consideration. Councilmember Benham requested that item 8.h. be removed for separate consideration. Councilmember Johnson announced he would abstain due to conflict of interest, source of income to himself, spouse, dependents or his employer, on item 8.b. Councilmember Couch announced he would abstain due to conflict of interest, potential source of income to himself and his employer, on item 8.b. Motion by Vice-Mayor Couch to adopt Consent APPROVED Calendar items 8.a. through 8.z., with the removal of item 8.n., and separate consideration for items 8.h. and 8.z. h. Resolution of Intention No. 1681 to order the vacation of 27th Street between the east right of way of Chester Avenue and the west right of way of K Street and a portion of the north/south alley between 28th Street and 26th Street. Motion by Councilmember Benham to defer action on APPROVED this item until the February 16th Council Meeting. Z. Resolution opposing the Governor's efforts to RES 004-11 eliminate California Redevelopment Agencies or reduce Redevelopment funding which will result in extreme negative repercussions to the Bakersfield Community. Councilmember Salas requested the resolution be amended to reflect the impact to the local economy and the impact on creating jobs and the lives in the city. Councilmember Johnson expressed that this resolution sends the message that the Council does not support Sacramento taking Bakersfield's money, and further, this is an issue of supporting Bakersfield. 1.121 Bakersfield, California, January 12, 2011 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN Motion by Councilmember Salas to adopt the APPROVED Resolution with the amendments as stated by himself and Councilmember Johnson. 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS a. Public Hearing to consider Resolution making RES 005-11 findings and updating the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. Planning Director Eggert made staff comments and recommended adoption of the Resolution. Hearing opened at 5:33 p.m. No one spoke. Hearing closed at 5:33 p.m. Motion by Vice-Mayor Couch to adopt the Resolution. APPROVED 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Benham asked staff to contact her regarding a constituent concern about sewer fees on a property tax bill. Councilmember Johnson acknowledged staff's efforts during the recent flooding events; and thanked staff for responding to his requests during the past several weeks. I If r) 11) Bakersfield, California, January 12, 2011 - Page 10 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Mayor Hall advised that the Kern County Museum complex is presently under a transition to find a new operating agent for the Museum properties and Pioneer Village, and they will be holding a charrette on January 29th at the Museum from 10:00 a.m. to 12:00 Noon to solicit suggestions and recommendations from the public for making improvements to the Museum properties. Mayor Hall acknowledged the efforts of our community by voting during the Stop Hunger Campaign, resulting in winning $100,000 from Walmart, which will help the Gleaners and the Community Action Partnership food banks. 15. CLOSED SESSION a. Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Government Code Section 54957(b)(1)/54957,6, Motion by Vice-Mayor Couch to adjourn to Closed APPROVED Session at 5:38 p.m. Motion by Councilmember Hanson to adjourn from APPROVED Closed Session at 7:00 p.m. RECONVENED MEETING AT 7:05 p.m. 16. CLOSED SESSION ACTION a, Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Government Code Section 54957(b)(1)/54957.6. Mayor Hall announced the City Attorney received COMPLETED many positive comments from the City Council FAVORABLE regarding the work of the City Attorney and her office, EVALUATION and advised that she has not asked for additional compensation. Mayor Hall adjourned the meeting at 7:05 p.m. 17. ADJOURNMENT ACTION TAKEN ATTEST: L L Bakersfield, California, January 12, 2011 - Page 11 MAYOR of CITY CLERK and Ex O o Clerk of the Council of the City of Bakersfield 1 ~ `1 Bakersfield, California, January 12, 2011 - Page 12 ****THIS PAGE INTENTIONALLY LEFT BLANK**** , J