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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF DECEMBER 14, 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 (seated
at 6:05 P.M.), Weir, Hanson, Sullivan
(seated at 5:25 p.m.) Johnson
Absent: None
City Clerk Gafford announced staff has requested that
Consent Calendar items 9.j. and 9.u. be pulled from the
agenda,
2. INVOCATION by Pastor Mark Arley, Lutheran Church of
Prayer.
3. PLEDGE OF ALLEGIANCE by Laura Heinemann, 2nd
grade student at St. John's Lutheran School.
Mayor Hall acknowledged the students from the Ridgeview
High School Government class in attendance at the meeting
to learn about City government.
City Manager Tandy introduced Scott Neal, the new general
manager of the Rabobank Arena, Theater, and Convention
Center, for SMG.
General Manager Neal made comments.
4. PRESENTATIONS
a. Proclamation by City Council to Mayor Harvey
Hall declaring December 14, 2011, as
Harvey L. Hall Day.
Mayor Hall accepted the Proclamation in recognition
of being awarded the "Iron Eyes Cody Award" and
made comments.
ACTION TAKEN
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Bakersfield, California, December 14, 2011 - Page 2
5. PUBLIC STATEMENTS ACTION TAKEN
a, Aaron Gundry-Monji, with Monji Landscape
Companies, spoke regarding green design and
their living building.
b. Liz Keogh spoke regarding the contract for
animal sheltering and submitted written
material.
C. Stephanie Campbell spoke regarding the
upcoming annual Martin Luther King, Jr.,
Breakfast and events on January 16, 2012, and
submitted written material.
6. WORKSHOPS
a. Sports Village Phase I and Phase II naming rights
agreement with State Farm@O for $500,000 for a
five year term.
Recreation and Parks Director Hoover made
staff comments, and introduced David
Hernandez, Vice-President of Operations for
State Farm Insurance, who made comments.
Motion by Councilmember Sullivan to approve APPROVED
the naming rights agreement with State FarmO AB BENHAM
for Sports Village Phase I and Phase 11 and
accept the terms of the agreement as
presented.
Mayor Hall joined Recreation and Parks Director
Hoover and Mr. Hernandez at the podium for
a check presentation by State Farm.
b. PG&E presentation regarding Plans for
the Kern Power Plant.
Cynthia Pollard, Manager of Government
Relations for PG&E, provided an update on
their plans for cleaning up the Kern Power Plant.
Vice-Mayor Couch thanked Ms. Pollard for her
presentation, and staff for their work on this
matter,
Vice-Mayor Couch asked staff to provide a
quarterly update on the progress of the
cleanup.
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Bakersfield, California, December 14, 2011 - Page 3
City Clerk Gafford announced Councilmember ACTION TAKEN
L Benham had requested that Item 8., Appointments,
be moved forward at this time.
8. APPOINTMENTS
a. One appointment to the Kern Mosquito and
Vector Control District, due to the expiration
term of Morris Mahlmann, whose term expires
December 31, 2011.
There were three applicants: incumbent Morris
Mahlmann, Richard Schwartz, and Jim Wertz;
therefore, ballots were used.
Ward 1
Mahlmann
Ward 2
Absent
Ward 3
Schwartz
Ward 4
Mahlmann
Ward 5
Schwartz
Ward 6
Mahlmann
Ward 7
Schwartz
Mayor Hall voted to break the tie; he voted for
Mahlmann.
Motion by Vice-Mayor Couch to reappoint APPROVED
Morris Mahlmann to a 2-year term on the Kern AB BENHAM
Mosquito and Vector Control District Board.
b. One appointment to the Fire Civil Service
Board, due to the expiration of term of
Dr. Ronald Eaves, whose term expires
December 31, 2011.
There were five applicants: incumbent Ronald
Eaves, Henry Castaneda, Roy Malahowski,
Glenn Porter, and Murray Tragish; therefore,
ballots were used,
Ward 1
Castaneda
Ward 2
Absent
Ward 3
Eaves
Ward 4
Eaves
Ward 5
Eaves
Ward 6
Eaves
Ward 7
Eaves
Motion by Vice-Mayor Couch to reappoint APPROVED
Ronald Eaves to a 3-year term on the Fire Civil AB BENHAM
Service Board.
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Bakersfield, California, December 14, 2011 - Page 4
8.
APPOINTMENTS continued
c. Three appointments to the Miscellaneous Civil
Service Board due, to the resignation of Percy
A. Robinson whose term expires December 31,
2013 and the expiration of terms of Tom Dorlis
and Gregory Klimko, whose terms expire
December 31, 2011,
ACTION TAKEN
There were eight applicants: incumbent Tom
Dorlis, incumbent Gregory Klimko, Henry
Castaneda, Roy Malahowski, Margaret Pyles,
Mandeep Singh, Murray Tragish, and James
Williams; therefore, ballots were used.
Ward 1
Singh
Ward 2
Absent
Ward 3
Dorlis
Ward 4
Dorlis
Ward 5
Dorlis
Ward 6
Dorlis
Ward 7
Singh
Motion by Vice-Mayor Couch to reappoint Tom
Dorlis to a 3-year term on the Miscellaneous
Civil Service Board.
Ward 1
Singh
Ward 2
Absent
Ward 3
Klimko
Ward 4
Klimko
Ward 5
Klimko
Ward 6
Klimko
Ward 7
Singh
Motion by Vice-Mayor Couch to reappoint
Gregory Klimko to a 3-year term on the
Miscellaneous Civil Service Board.
Ward 1
Singh
Ward 2
Absent
Ward 3
Castaneda
Ward 4
Tragish
Ward 5
Tragish
Ward 6
Singh
Ward 7
Tragish
Motion by Vice-Mayor Couch to appoint
Murray Tragish to fill the unexpired term of Percy
A. Robinson, whose term expires on
December 31, 2013, on the Miscellaneous Civil
Service Board.
APPROVED
AB BENHAM
APPROVED
AB BENHAM
APPROVED
AB BENHAM
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Bakersfield, California, December 14, 2011 - Page 5
8. APPOINTMENTS continued ACTION TAKEN
d. One appointment to the Police Civil Service
Board, due to the expiration of term of
Kenneth E. Vetter, whose term expires
December 31, 2011.
There were six applicants: incumbent Kenneth
Vetter, Henry Castaneda, Roy Malahowski,
Glenn Porter, Murray Tragish, and James
Williams; therefore, ballots were used.
Ward 1
Vetter
Ward 2
Absent
Ward 3
Vetter
Ward 4
Vetter
Ward 5
Vetter
Ward 6
Vetter
Ward 7
Vetter
Motion by Vice-Mayor Couch to reappoint APPROVED
Kenneth E. Vetter to a 3-year term on the AB BENHAM
Police Civil Service Board.
e. One appointment to the North of the River
L Recreation and Park District, due to the
expiration of term of Stuart Patteson, whose
term expires December 31, 2011.
One application was received from incumbent
Stuart Patteson; therefore, ballots were not
necessary.
Motion by Vice-Mayor Couch to reappoint APPROVED
Stuart Patteson to a 4-year term on the North of AB BENHAM
the River Recreation and Park District Board.
Councilmember Benham arrived at the meeting at
6:05 p.m.
7. HEARINGS
a. Public Hearing to consider Resolution in RES 119-11
Opposition to the High Speed Rail Project, as
currently proposed.
Motion by Vice-Mayor Couch to allow 30 minutes for APPROVED
each side to speak on this item.
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Bakersfield, California, December 14, 2011 - Page 6
7. HEARINGS continued ACTION TAKEN
Item Ta, continued
City Manager Tandy made staff comments and
recommended adoption of the Resolution
opposing the current project as proposed in its
entirety.
City Clerk Gafford announced that three
phone calls were received in opposition to the
high speed rail; and that staff has provided a
memorandum amending the Resolution.
Hearing opened at 6:27 p.m.
The following individuals spoke in opposition to
the staff recommendation: Lance Simmons,
Deputy Director of Communications for the
California High Speed Rail Authority; Arthur
Unger (submitted written material); Marvin
Dean (submitted written material); Larry
Fredeen; and John Spaulding, representing the
Kern, Inyo and Mono Counties Building and
Construction Trades Council.
The following individuals spoke in support of the
staff recommendation: Jeff Taylor, Co-Founder
and Chairman of the Save Bakersfield
Committee; Dr. Girish Patel; Anil Mehta,
Co-Founder of the Save Bakersfield Committee;
Bill Descary (submitted written material); William
Davis, with the Tea Party of Bakersfield; Richard
Holdcraft, with the Bakersfield Tea Party; Rob
Foster, a senior at Bethel Christian School; Bill
Lynde, with the Bakersfield Tea Party; Austin
Lewis, Betsy Ramsey, on behalf of Assemblyman
David Valadao (submitted written material);
Dr. Sung Jung; Heather Herndon, representing
World Oil; Tom Kuekes; Graham Kaye-Eddie
(submitted written material); Allen Scott,
representing Citizens for California High Speed
Rail Accountability, Kings County; Aaron
Fukuda, Co-Founder of Citizens for California
High Speed Rail Accountability; and Richard
Valle, Kings County Supervisor, District 2.
No one spoke in rebuttal.
Hearing closed at 7:44 p.m.
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Bakersfield, California, December 14, 2011 - Page 7
7. HEARINGS continued
Item Ta. continued
Counciimembers Johnson and Hanson
indicated that they would support the staff
recommendation.
Councilmember Weir made a motion to adopt
the staff recommendation.
Councilmember Benham advised she would
not be supporting the resolution.
Councilmembers Sullivan and Salas indicated
they would support the staff recommendation.
Vice-Mayor Couch advised he was in support
of the staff recommendation; however, N this
resolution proves to be ineffective, he
requested the City of Bakersfield continue to be
at the table and work professionally with the
High Speed Rail Authority to get the best result
possible if the project continues.
ACTION TAKEN
Motion by Councilmember Weir to adopt the APPROVED
L Resolution, and incorporating the NOES BENHAM
December 14th memorandum amending the
Resolution in Opposition to the High Speed Rail
Project, as currently proposed.
Recess taken from 8:09 p.m. to 8:19 p.m.
b. Public Hearing and First Reading of an FR
Ordinance amending Chapter 1.12 of the
Municipal Code revising the boundaries of City
Council Wards 1 through 7. (Hearing opened &
continued at meetings 9/28/11, 10/19/11 &
11/16/11)
City Clerk Gafford announced that
correspondence was received in support of
Concept 6.
Planning Director Eggert made staff comments,
provided a PowerPoint presentation, and
recommended approval of Concept 6 and First
Reading of the Ordinance.
Hearing opened at 8:23 p.m.
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Bakersfield, California, December 14, 2011 - Page 8
7. HEARINGS continued ACTION TAKEN
Item 7.b. continued
No one spoke in opposition to the staff
recommendation.
Irma Carson, Wesley Crawford, and Marvin
Dean spoke in support of the staff
recommendation.
Hearing closed at 8:27 p.m.
Motion by Councilmember Salas to approve APPROVED
staff's recommendation and First Reading of the
Ordinance.
9. CONSENT CALENDAR
City Clerk Gafford reiterated that Consent Calendar
items 9.j. and 9.u., as previously noted, have been
removed by staff; announced that staff has provided
a memorandum indicating three additional postcard
responses were received from occupants regarding
item 9.1.; and staff provided minor changes to the
Agreement regarding item 9.v.2.
Minutes:
a. Approval of minutes of the November 7,
2011 Special City Council Meeting and the
November 16, 2011 Regular City Council
Meeting.
Payments:
b. Receive and file department payments from
November 4, 2011 to December 1, 2011 in the
amount of $17,492,345.48 and self-insurance
payments from November 4, 2011 to
December 1, 2011 in the amount of
$529,581.39, totaling $18,021,926.87.
Ordinances:
C. Adoption of Ordinance approving a Negative ORD 4654
Declaration and amending the Official Zoning
Map in Title 17 of the Municipal Code by
changing the zone district from E (Estate) to
E-Ch (Estate-Church) on 18.03 acres located at
the northwest corner of Reina and Old Farm
Roads (ZC 11-0271 - McIntosh and Associates,
representing the Roman Catholic Bishop of
Fresno). (FR 11/16/11)
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Bakersfield, California, December 14, 2011 - Page 9
9. CONSENT CALENDAR continued
d. Adoption of the following Ordinances
amending various sections of the Municipal
Code; (FR 11/16/11)
1. Section 6.08.010 relating to fowl.
2. Sections 15.65.200, 15.65.210, 15.65.220
and 15.65.230 relating to the fire code.
3. Section 17.04.508 relating to roofline,
4. Section 17.60.060, Section B.l .f. relating
to sign development.
5. Section 17.60.070, Subsection G.5
relating to electronic signs.
Resolutions:
e. Resolution adopting the Investment Policy of
the City.
f. Resolution establishing City Council policy
regarding the use of electronic
communications during public meetings.
(legislative & litigation Committee)
g. Resolution approving an Amended Employees
Deferred Compensation Plan Document,
authorizing implementation of the plan and
indemnifying the City's Advisory Committee.
h. 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 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.
Resolution approving an application proposing
proceedings for annexation of inhabited
territory to the City identified as Annexation
No. 619 consisting of 45.59 acres located
generally south of Taff Highway and east of
South H Street.
ACTION TAKEN
ORD 4655
ORD 4656
ORD 4657
ORD 4658
ORD 4659
RES 120-11
RES 121-11
RES 122-11
RES 123-11
RES 124-11
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Bakersfield, California, December 14, 2011 - Page 10
9. CONSENT CALENDAR continued ACTION TAKEN
j. Resolution approving application for REMOVED BY STAFF
annexation of uninhabited territory to the City
identified as Annexation No. 624 consisting of
17.28 acres, located along the north side of Taff
Highway, east and west of Stine Road.
k. Homeland Security Grants on behalf of the Kern
Operational Area:
1. Resolution determining that the City
Manager, or his designee, is appointed
as authorized agent 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.
2. Memorandum of Understanding with the
County of Kern - Homeland Security
Grant funding Agreement for acquisition
of specialized equipment, training
and other professional services.
3. Appropriate $220,000 FY2010 Homeland
Security Grant Funds to the Capital
Outlay Fund Capital Improvement
Budget.
Consolidated Annual Maintenance of IBM
servers and storage area network:
1. Resolution determining that
Consolidated IBM maintenance cannot
be obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding
therefor, not to exceed $60,468.
2. Agreement with Computer
Configuration Services (not to exceed
$60,468) to consolidated IBM
maintenance contracts.
M. Amendment No. 1 to Resolution No, 111-11
Setting Salaries and Related Benefits for Officers
and Employees of the General Supervisory,
Police Supervisory and Management Units.
RES 125-11
AGR 11-153
RES 126-11
AGR 11-154
AGR 111-11(1)
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Bakersfield, California, December 14, 2011 - Page 11
9. CONSENT CALENDAR continued ACTION TAKEN
n. Resolution of Intention No. 1705 to add territory, ROI 1705
Area 2-49 (southeast corner of Stockdale
Highway and Nord Road) to the Consolidated
Maintenance District and preliminarily
approving, confirming and adopting the Public
Works Director's Report.
Agreements:
o. Agreement with Kern High School District (not to AGR 11-155
exceed $75,000 paid to the City) for use of
aquatic facilities for practice and swim meets.
P. Installation and Access Agreement with Bright AGR 11-156
House Networks, Inc. (no cost to City) for high
speed internet service to the Bakersfield Amtrak
Station.
q. Agreement with Wilson & Associates (not to AGR 11-157
exceed $109,200) to provide continuing
disclosure services for various Special
Assessment Districts,
r. Consultant Agreement with Soils Engineering
AGR 11-158
Inc. ($678,625) to provide materials
testing services for calendar years 2012 and
2013.
S. Consultant Agreements with McIntosh &
AGR 11-159
Associates ($200,000), Meyer Engineering
AGR 11-160
($200,000) and MNS Engineers ($200,000) to
AGR 11-161
provide "on-call" construction inspection
services for development projects and Capital
Improvement Program.
t. Agreement with Polydyne, Inc. ($461,904) to
AGR 11-162
provide dewatering polymer for Wastewater
Treatment Plant No. 3.
U. Agreement for Mitigation of Public Facility
REMOVED BY STAFF
Impacts (Pending Annexation No. 500):
1. Agreement with the County of Kern and
Wal-Mart Real Estate Business Trust for
construction of public facility
improvements on Olive Drive and State
Route 99.
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Bakersfield, California, December 14, 2011 - Page 12
9.
CONSENT CALENDAR continued
Item 9.u. continued
2. Appropriate $3,000,000 Developer share
of project cost (which will be
remitted to the County) to the Public
Works Department's Capital
Improvement Budget within the
Transportation Development Fund.
V. Environmental Engineering and Right-of-way
services for the widening of State Route 58
between PM 52.4/55.4 (TRIP);
1. Cooperative Agreement with the State
of California Department of
Transportation ($3,000,000) for the
project.
2. Reimbursement Agreement with the
County of Kern ($1,500,000) for the
project.
3. Appropriate $1,500,000 County Share
Project costs to the Public Works Capital
Improvement Budget within the Capital
Outlay Roads Fund for the Centennial
Corridor Project.
W. Widening of Rosedale Highway between
Gibson and Mohawk streets (TRIP);
Agreement with County of Kern
($1,000,000) for the reimbursement of
right-of-way costs.
2. Appropriate $1,000,000 County Share
project costs to the Public Works Capital
Improvement Budget within the Capital
Outlay Roads Fund for the project.
X. Amendment No. 1 to Agreement No, 11-053
with Gilliam & Sons, Inc. ($875,000; revised not
to exceed $2,315,003) to continue earthmoving
and hauling services.
Y. Amendment No. 2 to Agreement No. 10-075
with GC Environmental, Inc. ($350,000; revised
not to exceed $1,350,000) for landfill gas system
services for the Bakersfield Sanitary Landfill
Closure Project.
ACTION TAKEN
AGR 11-163
AGR 11-164
AGR 11-165
AGR 11-053(1)
AGR 10-075(2)
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Bakersfield, California, December 14, 2011 - Page 13
9. CONSENT CALENDAR continued ACTION TAKEN
Z. Amendment No. 1 to Agreement No. 10-176 AGR 10-176(1)
with Polydyne, Inc. ($50,000; revised not to
exceed $100,173.88 and extends term one
year) to continue the supply of DAF Polymers.
aa, Amendment No. 3 to Agreement No. 10-177 AGR 10-177(3)
with Stay Green, Inc. ($100,000; revised not to
exceed $335,000 and extends term one year)
to continue the tree trimming maintenance
program.
AGR 06-053(5)
bb. Amendment No. 5 to Agreement No. 06-053
with Parsons Transportation Group Corp.
($498,240; revised not to exceed $44,354.007)
for the Program Management Services for the
Thomas Roads Improvement Program. (TRIP)
cc. Amendment No. 2 to Agreement No, 09-171 AGR 09-171(2)
with Amber Chemical, Inc. ($50,000; revised not
to exceed $200,000 and extends term one
year) to continue the supply of pool chemicals.
dd. Habitat Monitoring of the Buena Vista Lake
Shrew for the Kern Fan Water Recharge Area
located in the City's 2800 Acre Facility:
1. Amendment No. 1 to Agreement AGR 11-017(1)
No. 11-017 with Live Oaks Associates,
Inc, ($35,000; revised not to exceed
$105,885) to conduct years seven and
eight of the monitoring program.
2. Appropriate of $35,000 from the
Agricultural Water Fund Balance to the
Water Resources Operating Budget to
fund the amendment to the habitat
monitoring program.
ee. Contract Change Order Nos. 12 and 14 to AGR 08-214
Agreement No. 08-214 with Security Paving 00012, 00014
Company, Inc, ($46,411.82: revised not to
exceed $29,147,121.72) for construction of the
Westside Parkway Phase 1 Project. (TRIP)
ff. Contract Change Order Nos. 8, 15, 19, 20, 23, AGR 09-076
and 27 to Agreement No. 09-076 with Security 0008, 00015,
Paving Company, Inc. ($103,943.50; revised not 00019, 00020,
to exceed $84,072,500.21) for the construction 00023, 00027
of the Westside Parkway Phase 11 Project. (TRIP)
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Bakersfield, California, December 14, 2011 - Page 14
9. CONSENT CALENDAR continued ACTION TAKEN
Bids:
gg. Accept bid from Bauer Compressors, Inc.
($1,011,205.46) for the purchase of MSA
self-contained breathing apparatus for the Fire
Department,
hh, Accept bid from HD Supply WW ($62,013,18) for
sewer supplies for use by the Public Works
Department, Streets Division.
Accept bid from Myers & Sons Hi-Way Safety,
Inc. ($87,709,05) for traffic cones, delineators
and barricades for use by the Public Works
Department, Streets Division.
jj. Accept bid from Quinn Company, ($514,800)
for two replacement articulated four-
wheel drive loaders with high lift loading option
for use by the Public Works Department, Solid
Waste Division.
kk. Accept bid and approve contract with AGR 11-166
Boething Treeland Farms, Inc. (not to exceed
$75,000) for the supply of plants and shrubs.
II. Accept bid and approve contract with Sierra AGR I1-167
Construction and Excavation Inc. ($67,650) for
McCutchen Road Sewer Abandonment.
mm. Accept bid and approve contract with Loop AGR I1-168
Electric, Inc. ($133,329,25) for construction of
traffic signal and lighting system installation at
Buena Vista Road and Campus Park Drive.
nn, Traffic Signal Modification: Stockdale Highway
and Montclair Street:
1. Accept low bid and approve contract AGR 11-169
with Loop Electric, Inc. ($73,736) for
the project,
2. Appropriate $20,000 Gas Tax Fund
balance to the Public Works
Department's Capital Improvement
Budget.
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Bakersfield, California, December 14, 2011 - Page 15
9. CONSENT CALENDAR continued ACTION TAKEN
oo. Rehabilitation of Three Sewer Lift Stations:
1. Accept bid and approve contract with AGR 11-170
HPS Mechanical Inc. ($967,520) for
lift stations at Alfred Harrell Highway 700
feet north of State Route 178, Planz
Road at Benton Street, and Panama
Lane at Parsons Way.
2. Appropriate $350,000 Sewer Enterprise
Fund balance to the Public Works
Department's Capital Improvement
Budget ($130,000 from Wastewater
Treatment Plant No. 2 and $220,000 from
Wastewater Treatment Plant No. 3).
Miscellaneous:
pp. Fiscal Year 2010-2011 Annual Compliance
Report for planned drainage area
fees prepared in accordance with Government
Code §66006.
qq. Fiscal Year 2010-2011 Annual Compliance
Report for planned sewer area fees
prepared in accordance with Government
Code §66006.
rr. Fiscal Year 2010-2011 Annual Compliance
Report for bridge crossings and major
thoroughfare fees prepared in accordance
with Government Code §66006.
ss. Fiscal Year 2010-2011 Annual Compliance
Report for park impact fees prepared in
accordance with Government Code §66006.
tt. Fiscal Year 2010-2011 Annual Compliance
Report for transportation impact fees
prepared in accordance with Government
Code §66006.
uu. Appropriate $97,038 improvement bond
proceeds to the Public Works Department's
Capital Improvement Budget within the Capital
Outlay Fund to complete partially constructed
developer improvements on public right-of-way
at the southeast corner of South H Street and
Panama Lane.
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Bakersfield, California, December 14, 2011 - Page 16
9. CONSENT CALENDAR continued ACTION TAKEN
vv. Appropriate $79,048 drainage fees collected
for the Tevis Ranch Development area to the
Public Works Department's Capital
Improvement Budget within the Sewer
Enterprise Fund (Wastewater Treatment
Plant No. 3).
Motion by Vice-Mayor Couch to adopt Consent APPROVED
Calendar items 9.a. through 9. vv., with the
removal of items 9J. and 9. u., and the addition
to item 9.i. and the changes to item 9.v.2.
10. CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation, Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9 regarding Cho, Keung v. City - KCSC
Case No. S-1500-CV-272373 WDP,
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivisions (b)(3)(B)/(b)(3)(C) of Government
Code Section 54956.9 (threat of litigation
regarding right-of-way issues on Truxtun
Avenue).
Motion by Vice-Mayor Couch to adjourn to Closed APPROVED
Session at 8:30 p.m.
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 9.15 p.m.
RECONVENED MEETING AT 9:16 p.m.
11. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing
Litigation, Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9 regarding Cho, Keung v. City - KCSC
Case No. S-1500-CV-272373 WDP.
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivisions (b)(3)(B)/(b)(3)(C) of Government
Code Section 54956.9 (threat of litigation
regarding right-of-way issues on Truxtun
Avenue).
CITY ATTORNEY
GIVEN DIRECTION
NO REPORTABLE
ACTION
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Bakersfield, California, December 14, 2011 - Page 17
12
13.
14.
15.
CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN
a. Public Hearing to consider an adjustment to the
Water Availability Fee for the City's Domestic
Water System.
1. Resolution setting Domestic Water RES 127-11
Availability Fee for Ashe, Fairhaven and
Riverlakes Ranch service areas. (Staff
recommends adoption of Resolution.)
b. Public Hearing to consider Resolution approving RES 128-11
and adopting an adjusted fee for the
development and improvement of parks within
the City (2.15% proposed rate increase). (Staff
recommends adoption of Resolution.)
C. Public Hearing on Resolution of Necessity to RES 129-11
determine the public interest and
necessity for acquisition of certain real property
located at 8601 South H Street, by eminent
domain for a new interchange at State Route
99 and Hosking Avenue. (Code Civ. Proc. §
1240.010) (Staff recommends adoption of
Resolution.)
Consent Calendar Public Hearings opened at
9:17 p.m.
No one spoke.
Consent Calendar Public Hearings closed at
9:17 p.m.
Motion by Vice-Mayor Couch to adopt Consent APPROVED
Calendar Public Hearings items 12. a. through 12. c.
REPORTS
None.
DEFERRED BUSINESS
None.
NEW BUSINESS
None.
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Bakersfield, California, December 14, 2011 - Page 18
16. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN
Councilmember Johnson thanked State Farm
Insurance, Fire Chief Greener and the Fire Department
for their assistance in doing a smoke detector
distribution program in Ward 7.
Councilmember Johnson referred the issue of civil
gang injunctions, as discussed in Western City
Magazine, to the Safe Neighborhoods Committee for
review and possible adoption by the City of
Bakersfield.
Councilmember Weir thanked Mayor Hall, staff and
legislators who attended a community meeting in
Ward 3 last night regarding access to commercial
property from Highway 178, and the fixing of the
178/184 intersection, advised the slides used at the
meeting are now available on the City's website; and
he wished everyone Merry Christmas.
Councilmember Salas asked staff to check on the left
turn signal at Panama and Union, which appears to
not be functioning properly and causing traffic to back
up.
Councilmember Salas thanked staff for starting to look
into the streetlights at Tyner Ranch.
Councilmember Salas thanked Recreation and Parks
Director Hoover for beginning the process of assessing
the Planz pool, as a result of the recent Community
Services Committee Meeting.
Councilmember Salas asked staff to look at the
potholes at South Chester and El Serrano, just north of
Ming Avenue.
Councilmember Salas ask staff to check the Graffiti
application for phones, which does not appear to be
functioning properly.
Councilmember Hanson acknowledged a nice
Community Voices article published in the newspaper
a few weeks ago written by Nesta Arone, regarding
our city and its family values.
Councilmember Hanson congratulated Mayor Hall for
receiving the "Iron Eyes Cody Award."
1332
Bakersfield, California, December 14, 2011 - Page 19
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Hanson thanked Water Resources
Manager Chianello and staff for the recent work done
at Campus Park South.
Councilmember Hanson stated he hoped
Councilmember Sullivan will feel better soon, and he
wished everyone a Merry Christmas and Happy New
Year.
Councilmember Sullivan congratulated Mayor Hall for
receiving the "Iron Eyes Cody Award."
Councilmember Sullivan mentioned that she rode on a
fire truck for the Christmas Parade and thanked the
Fire Department for the opportunity; and she wished
everyone Merry Christmas and Happy New Year.
In response to a question from Vice-Mayor Couch
regarding the one-page table received earlier in the
meeting regarding the animal control budget history,
City Manager Tandy advised that Council will receive
background information in their Friday memorandum.
L Vice-Mayor Couch suggested moving the December
2012 Council Meeting from the 12th to the 11th, and
bring it back for adoption at the next meeting.
Vice-Mayor Couch wished everyone Merry Christmas
and Happy New Year.
Mayor Hall expressed his appreciation to the City
Council for the Proclamation; and he wished everyone
Merry Christmas and a Happy Holiday Season.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at
MAYO
ATTEST;
s
CITY CLERK and Ex Offic' lerk of
the Council of the City of Bakersfield
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Bakersfield, California, December 14, 2011 - Page 20
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