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HomeMy WebLinkAbout12/14/11 CC MINUTES13iL~ 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 13r5 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. 1316 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. 1317 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 1318 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. 1319 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. 1320 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. 1321 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) 1322 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 1323 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) 1324 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. 1325 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) 1326 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) 132 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. 1328 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. 1329 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 1330 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. 1331 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 1333 Bakersfield, California, December 14, 2011 - Page 20 ***THIS PAGE INTENTIONALLY LEFT BLANK***