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Home My WebLink About12/11/13 CC MINUTESD BAKERSFIELD CITY COUNCIL MINUTES MEETING OF DECEMBER 11, 2013 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. REGULAR MEETING - 5:23 p.m, 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Weir, Councilmembers Smith, Hanson, Johnson Absent: Councilmembers Rivera, Maxwell, Sullivan 2. INVOCATION by Pastor Daniel Elgu6zabal, Family Community Center, 3. PLEDGE OF ALLEGIANCE by Devon Price, 5m grade student at Alicante Avenue School, Mayor Hall acknowledged the students from the Ridgeview High School Government class, and the Boy Scouts from Troops 188 and 163, in attendance at the meeting to learn about City government, 4. PRESENTATIONS a, Presentation by Mayor Hall of retirement plaque and gift certificate to Lieutenant Donald A. Krueger. Lieutenant Krueger accepted the plaque and gift certificate, and made comments, 5. PUBLIC STATEMENTS a. Ryan Nance expressed his appreciation to the City Council for their service and for volunteering their time in 2013. ACTION TAKEN 1858 L�vJ 5. Bakersfield, California, December 11, 2013 — Page 2 PUBLIC STATEMENTS continued ACTION TAKEN b. Sean Wine, Regional Manager for the Western United States, with Clean Energy, spoke regarding Consent Calendar Item 8,pp„ officially retracted Clean Energy's protest letter to bid # 13- 14 -23; and advised that they have appreciated the City's business for the past seven years and look forward to the opportunity to work with the City sometime in the future, C. Dr, Claudia Jonah, Health Officer for Kern County, expressed her appreciation of the City Council's approval of the Bakersfield Bicycle Transportation Plan. 6. WORKSHOPS None, 7. APPOINTMENTS a, One appointment to the Planning Commission, due to the resignation of Justin Batey (Ward 5), whose term expires April 30, 2017. City Clerk Gafford announced that applications were received from Dr, Brandon Hawkins, Jenifer Pitcher, and Richard Paul Schwartz. Motion by Councilmember Hanson to appoint APPROVED Richard Schwartz to the Planning Commission, AB RIVERA, term to expire April 30, 2017. MAXWELL, SULLIVAN b. One appointment to the Fire Civil Service Board, due to the expiration of term of Thomas Edmonds, whose term expires December 31, 2013. City Clerk Gafford announced that an application was received from the Incumbent, Thomas Edmonds, Motion by Vice -Mayor Weir to reappoint APPROVED Thomas Edmonds to the Fire Civil Service Board, AB RIVERA, term to expire December 31, 2016. MAXWELL, SULLIVAN Bakersfield, California, December 11, 2013 - Page 3 7. APPOINTMENTS continued C. One appointment to the Miscellaneous Civil Service Board, due to the expiration of term of Gonzalo Ramirez, whose term expires December 31, 2013. City Clerk Gafford announced that an application was received from the incumbent, Gonzalo Ramirez. Motion by Vice -Mayor Weir to reappoint Gonzalo Ramirez to the Miscellaneous Civil Service Board, term to expire December 31, 2016. 8. CONSENT CALENDAR Minutes: a, Approval of minutes of the November 20, 2013, Regular City Council Meetings. Payments: b. Receive and file department payments from November 7, 2013, to November 25, 2013, in the amount of $17,714,028.55 and self- insurance payments from November 7, 2013, to November 25, 2013, in the amount of $381,873.79, totaling $18,095,902.34, Ordinances: C. California Public Employees' Retirement System (CalPERS): Adoption of Ordinance authorizing an amendment to the contract with CaIPERS, (FRI1 /06/13) 2. Amendment No. 8 to Agreement No, 97 -39 with CalPERS Board of Administration to provide Section 21548 (Pre- Retirement Option 2W Death Benefit) for local police safety members. ACTION TAKEN APPROVED AB RIVERA, MAXWELL, SULLIVAN ORD 4761 AGR 97 -39(8) IP�60 A s6 8. Bakersfield, California, December 11, 2013 - Page 4 CONSENT CALENDAR continued ACTION TAKEN Resolutions: d. Resolution Identifying Vendor, Healthcare Plans RES 149 -13 and Setting Rates for Citywide Health Insurance Plans (Anthem Blue Cross PPO Plans Only) for Eligible Active and Retired Employees, e. Resolutions approving the Memorandum of RES 150 -13 Understanding, setting salaries and related RES 151 -13 benefits for employees represented by the Bakersfield Police Officers Association and modifying the paying and reporting the value of employer paid member contributions with Time -in -Grade exceptions for Police Safety Class. f, Resolution authorizing the sale ($1,00) of a RES 152 -13 surplus Harley Davidson Motorcycle to the Kern County Museum. g. Resolution determining that a portable grill cart RES 153 -13 cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed the budgeted amount of $43,000. h, Emergency Repairs for Ice Chiller at Rabobank REMOVED BY STAFF Arena; 1. Resolution dispensing with normal bidding procedures due to need for emergency installation and rental of a portable 300 -ton ice chiller along with emergency repairs to existing Ice chiller system at Rabobank Arena due to catastrophic failure, not to exceed $375,000. 2. Appropriate $375,000 Facility Reserve Funds to the Public Works Department's Capital Improvement Budget within the Capital Outlay Fund, Bakersfield, California, December 11, 2013 - Page 5 S. CONSENT CALENDAR continued ACTION TAKEN i, Assessment District Software: 1, Resolution determining that certain RES 154 -13 Assessment District Software cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $79,960, 2. Agreement with NBS Government AGR 13 -204 Finance Group (not to exceed $79,960) for the purchase of Assessment District Software. J. Alfred Harrell Lift Station: Resolution determining that certain RES 155 -13 rebuilding of WEMCO pumps at Alfred Harrell Lift Station cannot be obtained through the usual bidding procedures because Flo- Systems, Inc., is the sole distributor of WEMCO pumps for the City's geographical area and authorizing the Finance Director to dispense with bidding therefor, not to exceed $100,000. 2. Agreement with Flo- Systems, Inc., (not to AGR 13 -205 exceed $100,000), for rebuilding of WEMCO pumps at Alfred Harrell Lift Station, k. Repair and replacement of picnic shade shelter roof at Jastro Park: Resolution determining that the repair RES 156 -13 and replacement of the picnic shade shelter roof cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $16,083. 2. Agreement with Gametime (not to AGR 13 -206 exceed $16,083) for the project, 3. Transfer $16,803 from Saunders Playground Rehabilitation project to the Recreation and Parks Department Capital Improvement Budget within the Capital Outlay Fund. P Bakersfield, California, December 11, 2013 - Page 6 CONSENT CALENDAR continued ACTION TAKEN I. Management of Designated City Utility Accounts: 1. Resolution authorizing the City Manager RES 157 -13 to execute an authorization allowing Cass Information Systems to manage designated utility accounts on behalf of the City. 2. Authorization allowing Cass Information Systems to manage designated City utility accounts with PG &E related to Rabobank Arena, Theater and Convention Center, the San Joaquin Community Hospital Ice Center, and the Bright House Networks Amphitheater at no additional cost to the City. M. Resolution adding territory, Area 5 -69 RES 158 -13 (601 Tollhouse Drive) to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. n. Resolutions of Intention (ROI) adding the following territories to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report for each: 1. ROI No. 1766 adding Area 2 -55 (3700 ROI 1766 Wilson Road), 2. ROI No. 1769 adding Area 3 -90 (Tract ROI 1769 6410 at the northwest corner of Taff Highway and Akers Road). o. Resolutions of Intention (ROI) forming two Traffic Signal Maintenance Districts and preliminarily approving, confirming and adopting the Public Works Director's Report for each: 1. ROI No. 1767 forming TS -23 (southwest ROI 1767 corner of Panama Lane and Ashe Road). 2. ROI No. 1768 forming TS -24 (southwest ROI 1768 corner of Olive Drive and Calloway Drive). Bakersfield, California, December 11, 2013 - Page 7 8. CONSENT CALENDAR continued Agreements: P. Agreement with AEG Management Bakersfield, LLC (not to exceed $ 60,000), for the reimbursement of costs associated with the rental of Rabobank Arena for the Christian Congregation of Jehovah's Witnesses conventions. q. Agreement with Kern High School District (not to exceed $75,000 paid to the City) for use of aquatic facilities for practice and swim meets, r. Agreement with Wilson & Associates (not to exceed $46,800), to provide continuing disclosure services for various Special Assessment Districts. S. Grant Agreement with the California Urban Forests Council for the provision of trees and planting materials within City parks and public rights of way. t. Hosking Avenue and State Route 99 Interchange Project; 1, Relocation Agreement with Lamar Central Outdoor, LLC ($150,000). 2, Lease Agreement with Lamar Central Outdoor, LLC. (TRIP) U. Revised Agreement with California Department of Fish and Wildlife ($694,852) to receive funds for the continued preparation of the new Bakersfield Habitat Conservation Plan. V. On -call Agreements with A -C Electric Company and Braun Electric Company (not to exceed $200,000 annually) for electrical services at the Mount Vernon Recycling Facility for a one -year period, renewable annually for four consecutive one -year periods. W. Common Use Agreement with Kern Delta Water District (no compensation) for right of entry to maintain a canal crossing as well as existing pavement, curb, gutter, sidewalk, traffic signals and future improvements on McKee Road at South H Street /Kern Island Canal, ACTION TAKEN AGR 13 -207 AGR 13 -208 AGR 13 -209 AGR 13 -210 AGR 13 -211 AGR 13 -212 AGR 13 -213 AGR 13 -214 AGR 13 -215 ABS JOHNSON AGR 13 -216 I C r4 r Bakersfield, California, December 11, 2013 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN X. Consultant Agreement with Solis Engineering, Inc. ($696,375), to provide materials testing services for calendar years 2014 and 2015. Y. Consultant Agreements with McIntosh & Associates ($200,000), Meyer Engineering ($200,000) and Nolte Associates /NV5 ($200,000) to provide "on- call" construction Inspection services for Development Projects and Capital Improvement Program. Z. Final Map, Improvement and Landscape Agreements with Old River Road, LLC., for Tract 6678 located south of Panama Lane, between Old River Road and Progress Road. aa. Final Map and Improvement Agreement with Lennar Fresno, Inc., for Tract 6758 Unit 1 located east of Ashe Road and north of Taff Highway. bb. Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract 7161 Unit 5 located east of Allen Road and north of White Lane. CC. Utility Agreement with California Water Service Company ($667,000; 100% Local) for the relocation of waterline facilities In conflict with the State Route 178 Widening Project. (TRIP) dd. Utility Agreement with Pacific Gas and Electric Company ($86,221.21, 100% Local), for the location of electrical distribution facilities in conflict with the improvements on State Route 58 from State Route 99 to Cottonwood Road; part of the Beltway Operational Improvements Project. (TRIP) ee. Amendment No. 5 to Agreement No. 03 -310 for employment of Virginia Gennaro as City Attorney. ff. Amendment No. 1 to Agreement No. 10 -033 with outside counsel, Marderoslan, Runyon, Cercone & Cohen extending legal services through fiscal year 2018 -2019. AGR 13 -217 AGR 13 -218 AGR 13 -219 AGR 13 -220 AGR 13 -221 AGR 13 -222 AGR 13 -223 AGR 13 -224 AGR 13 -225 AGR 13 -226 AGR 03- 310(5) AGR 10- 033(1) Bakersfield, California, December 11, 2013 - Page 9 8. CONSENT CALENDAR continued gg. Amendment No. 4 to Agreement No. 09 -162 with the Bakersfield Homeless Center (revised not to exceed $1 69,744 annually and extend term one year) for sorting of green waste material at the Mt. Vernon Green Waste Facility, hh, Amendment No. 1 to Agreement No, 13 -058 with Gilliam & Sons, Inc. ($400,000; revised not to exceed $1,254,484), to continue earthmoving and hauling services. ii. Amendment No. 1 to Disposition and Development Agreement No. 12 -138, for assignment and assumption of the Baker Street Village Phase II Project, jj, Amendment No, 2 to Agreement No. 12 -100 with Chelsea Investment Corporation to use a portion of the $1,200,000 HOME Investment Partnership (HOME) Funds already allocated to the project as a Predevelopment Loan and provide for reimbursement to the City for infrastructure improvements constructed which benefit the development and construction of the Mill Creek Courtyard Senior Residences located at 1303 S Street, kk, Contract Change Order No 2 to Agreement No, 13 -139 with Granite Construction Company ($238,989,20; revised not to exceed $1,998,137.20) for Pavement Rehabilitation 2013 Phase 2 - Panama Lane from South H Street to Monitor Street, II, Recoat Community Development Building Rooftop Parking Decks; Contract Change Order No. 1 to Agreement No. 13 -141 with Angelus Waterproofing & Restoration ($32,866; revised not to exceed $237,871) for the project. 2. Appropriate $32,866 Facility Reserve Funds to the Public Works Department's Capital Improvement Budget within the Capital Outlay Fund. ACTION TAKEN AGR 09- 162(4) AGR 13- 058(1) AGR 12- 138(1) ABS JOHNSON AGR 12- 100(2) AGR 13 -139 CCO2 AGR 13 -141 CCOI 1 100tv 12C7 Bakersfield, California, December 11, 2013 - Page 10 8. CONSENT CALENDAR continued ACTION TAKEN Bids: mm. Extend bid from Jim Burke Ford ($42,592.94) for two additional full size extended cab 1/2 ton pickups for use by the Police Department. nn. Accept bid from Jim Burke Ford ($1,047,252.29) for four additional and forty -two replacement four door police special sedans for use by the Police Department. oo. Accept bid from SANplicity, Inc. ($61,298.41) for two additional Dell EqualLogic storage area network devices for the Information Technology Division. pp. Accept bid and approve contract with Applied LNG Technologies, LLC ($800,000), for the annual contract to supply liquid natural gas (LNG) fuel. qq. Accept bids and approve contracts with IPC USA ($2,750,000) and SC Fuels ($1,250,000) for the annual contracts ($4,000,000) to supply gasoline and diesel fuels. rr. Accept bid and approve contract with Cen -Cal Construction (not to exceed $189,437.50) for canal liner repair. ss. Accept bid and approve contract with Michels Corporation, dba Michels Pipeline Construction ($1,563,571), for the Sewer Rehabilitation, P Street Trunk Sewer. tt. Accept base bid plus additive alternate 1 and approve contract with MPI Prime Construction, Inc. ($74,000), for bathroom reconstruction at Fire Station No. 1. uu. Accept base bid and approve contract with Brown and Fowler Construction, Inc. ($414,640), for Wilderness Park and Challenger Park Playground Rehabilitation projects. Miscellaneous: W Appropriate $52,257 from First Five Kern Grant revenues to the Recreation and Parks Operating Budget within the General Fund to provide a water safety education program (Make -A- Splash). AGR 13 -227 AGR 13 -228 AGR 13 -229 AGR 13 -230 AGR 13 -231 AGR 13 -232 AGR 13 -233 Bakersfield, California, December 11, 2013 - Page 11 8. CONSENT CALENDAR continued ACTION TAKEN ww. Appropriate $6,000 contribution from Bright House Networks made through the Bakersfield Foundation to the Recreation and Parks Department Operating Budget within the General Fund for the Movies in the Park series. xx. Quitclaim to terminate temporary construction DEED 7745 easements for Fairfax Interchange and Phase 1 DEED 7746 & 2 of the Westside Parkway, (TRIP) yy. Department of Housing & Urban Development (HUD) Action Plan Amendments; 1, Fiscal Year 2012 -2013 Action Plan Amendment 6 and Fiscal Year 2013 -2014 Action Plan Amendment 2, reprogramming $800,000 of Community Development Block Grant (CDBG) Funds, 2. Appropriate $250,475,44 CDBG Contingency Funds to Capital Improvement Projects within the CDBG Fund. zz, Audit Reports for Fiscal Year ended June 30, 2013 (refer to Budget & Finance Committee): Comprehensive Annual Financial Report (CAFR), 2. Agreed Upon Conditions Report. 3. Single Audit Report - Schedule of Federal Expenditures for the City. 4. Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan, 5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) for the City. 6. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Bright House Networks Amphitheater. R h n 9 Bakersfield, California, December 11, 2013 — Page 12 CONSENT CALENDAR continued ACTION TAKEN aaa. Fiscal Year 2012 -2013 Annual Compliance Report for park impact fees prepared In accordance with Government Code §66006. bbb. Fiscal Year 2012 -2013 Annual Compliance Report for planned drainage area fees prepared in accordance with Government Code §66006. ccc. Fiscal Year 2012 -2013 Annual Compliance Report for planned sewer area fees prepared in accordance with Government Code §66006. ddd. Fiscal Year 2012 -2013 Annual Compliance Report for bridge crossings and major thoroughfare fees prepared in accordance with Government Code §66006. eee. Fiscal Year 2012 -2013 Annual Compliance Report for transportation impact fees prepared in accordance with Government Code §66006. Successor Agency Business: fff. Receive and file successor agency payments from November 7, 2013, to November 25, 2013, in the amount of $35,000. City Clerk Gafford announced that staff has submitted a memorandum requesting to pull item 8.h, from the Agenda; a staff memorandum pulling item 8.v. has been retracted; and staff has submitted a memorandum regarding a bid protest for item 8.pp., a memorandum noting a correction to page 3 of item 8.a., and a memorandum noting corrections to item 8.yy. Councilmember Johnson announced that he would abstain, due to a perceived conflict of interest, on Consent Calendar Item 8.v.; and due to conflict of interest, source of income, on Consent Calendar Item 8.11. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar items 8.a. through 8.fff., with the removal by AS RIVERA, staff of item 8.h., and the corrections to items 8.a. and MAXWELL, SULLIVAN 8. yy. 9. 10. IL It 11. 12. 13. 14. Bakersfield, California, December 11, 2013 - Page 13 CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN None, HEARINGS a. Public Hearing to consider the Resolution RES 159 -13 ordering the summary vacation of a portion of public utility easements as created on Tract Map 6223 (northeast corner of South Allen Road and White Lane), A finding that the project is exempt from the California Environmental Quality Act will also be considered, Public Works Director Rojas made staff comments and recommended adoption of the Resolution. Hearing opened at 5:46 p.m, No one spoke, Hearing closed at 5:46 p.m. Motion by Councilmember Hanson to adopt the APPROVED Resolution. AB RIVERA, MAXWELL, SULLIVAN REPORTS None. DEFERRED BUSINESS None, NEW BUSINESS None. COUNCIL AND MAYOR STATEMENTS Councilmember Hanson congratulated Councilmember Smith on his one -year anniversary as a Councilmember, Councilmember Hanson asked staff to consider requiring the Kern High School District to put up a fund to cover the City's additional expenses for having to clean up the mess left by the students in the washrooms and changing rooms of the aquatic facilities after practice and swim meets. 1870 to ") I Y c! e .4. Bakersfield, California, December 11, 2013 - Page 14 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Hanson wished everyone a Merry Christmas. Councilmember Johnson extended to everyone in the audience, all the staff, and his colleagues Happy Holidays and Merry Christmas. Councilmember Johnson requested that an issue regarding pending Federal legislation on juvenile diabetes be referred to the Legislative and Litigation Committee for discussion and possible action. Councilmember Smith thanked staff and his colleagues for working with him this past year, and wished everybody a Merry Christmas. Vice -Mayor Weir wished everybody a Merry Christmas, and a safe and happy New Year. Mayor Hall provided the following update on the local freeway common pickup programs: There are now three crews working from the Homeless Center, and during the month of November they picked up 196 tons of litter; the Marriott Hotel is a new sponsor for the Westside Parkway litter removal; the Sheriff's Office is continuing to work five days a week picking up litter and removing vegetation, and the Sheriff's Department has begun citing uncovered load violators and thus far have issued seven citations; Caltrans has indicated that they are working on an ongoing basis to improve the irrigation on the local freeways, and clearing out brush and weeds to make that possible, and they are in the process of committing another $250,000 for this effort; the Keep Bakersfield Beautiful group and Federal Express partnered for a tree planting opportunity at California and Freeway 99, and 25 trees were planted along the roadway in front of Logan's Roadhouse Restaurant; and information was recently received that the City of Bakersfield and Keep Bakersfield Beautiful have been honored by Keep America Beautiful for a community improvement recognition for nonprofit civic community organizations doing litter prevention. Mayor Hall wished everyone Merry Christmas and a Happy Holiday Season, and is looking forward to another positive year in the City for 2014, ili "`' Bakersfield, California, December 11, 2013 - Page 15 14. COUNCIL AND MAYOR STATEMENTS continued Vice -Mayor Weir referred the issue of expanding the softball diamonds into a 65 -acre regional sports center to the Community Services Committee. 15. ADJOURNMENT Mayor Hall ad ATTEST: k4" j4�� CITY CLERK and Ex Offilig Clerk of the Council of the City of Bakersfield 12? Bakersfield, California, December 11, 2013 — Page 16 ***THIS PAGE INTENTIONALLY LEFT BLANK`