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HomeMy WebLinkAbout07/15/09 CC MINUTES 749 BA s~ BAKERSFIELD CITY COUNCIL MINUTES 44 cL'P P MEETING OF JULY 15, 2009 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Scrivner, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan Absent: None. 2. INVOCATION by Reverend Rick Prevost, Fellowship Baptist Church. 3. PLEDGE OF ALLEGIANCE by Cindy Ramos, 5th Grade Student at Wayside Elementary School 4. PUBLIC STATEMENTS a. Dr. Alvis H. West, with Life Savers, spoke regarding changing parking limits at 25th and H streets so that it is adequate in time and safe in utilization. b. Ken Mettler, with the California Republican Assembly, spoke regarding the courthouse donation, Consent Calendar Item 8.c. C. Kimberly Navarro spoke on behalf of LQ's Performing Arts Center and its Back to School Outreach, and submitted written material. 5. WORKSHOPS a. Metropolitan Bakersfield Habitat Conservation Plan Renewal Process. Planning Director Movius made a computer presentation. f c Bakersfield, California, July 15, 2009 - Page 2 5. WORKSHOPS continued ACTIQN TAKEN Item 5.a. continued Councilmember Couch thanked Planning i Director Movius for his many years of service and hard work to the City of Bakersfield and wished him well in his retirement. Councilmember Couch referred the Habitat Conservation Plan Renewal Process to the Planning and Development Committee. b. Final Submission for the National Recreation and Park Association Gold Medal Award. Recreation and Parks Director Hoover made a presentation, showed a video submitted to the National Recreation and Park Association, and acknowledged City staff and others who worked on putting together the video. 6. PRESENTATIONS a. Presentation by Mayor Hall of retirement plaque and gift certificate to Robert M. Sherfy. Deputy City Attorney Sherfy received the proclamation and made comments. wa b. Presentation by Mayor Hall of a Proclamation to POS PONED TO Herb Walker honoring his beautification efforts A FOTURE DATE in downtown Bakersfield. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the June 24, 2009 Regular City Council Meeting. Payments: b. Approval of department payments from June ABS''WEIR 12, 2009 to June 30, 2009 in the amount of $24,829,874.04 and self-insurance payments from June 12, 2009 to June 30, 2009 in the amount of $310,013.13. i Bakersfield, California, July 15, 2009 - Page 3 8. CONSENT CALENDAR continued ACTION TAKEN Ordinances: None. Resolutions: C. Sale of Real Property: REMOVED FOR 1. Resolution declaring real property SEPARATE CONSIDERATION located at 510 19th Street surplus to the needs of the City. 2. Agreement with the United States of America to donate real property located at 510 19th Street for a Federal Courthouse. d. Resolution authorizing the Police Department to RES 086-09 apply for the Edward Byrne Memorial Justice Assistance Grant ($202,108) from the U. S. Department of Justice. e. Resolution of Intention No. 1639 to add territory, ROI 1639 Area 1-87 to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. f. Resolution of Intention No. 1640 to add territory, ROI 1640 Area 4-92 to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. Agreements: g. Ground Lease Agreement with Gordon Dole AGR 09-086 ($40 per month) for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport. h. Agreement with CompuCom Systems, Inc. AGR 09-087 ($225,000) to provide Microsoft Licenses for 1029 City computers for five years. Bakersfield, California, July 15, 2009 - Page 4 8. CONSENT CALENDAR continued ACTION TAKEN i. Amendment No. 1 to Agreement No. CA08-020 AGR'09-088 with Hogan Guiney Dick LLP (not to exceed $60,000) for outside legal services in the matter of Citizens for Responsible Growth, etc., et al v City, et al. KCSC Case No. S-1500-CV-264869. j. Agreement with Plains Pipeline LLC ($1,400,000) AGR 09-089 for the relocation of oil facilities for the Westside Parkway Phase II Project. (TRIP) k. Amendment No. 1 to Agreement No. 08-015 AGR 108-015(1) with Redflex Traffic Systems, Inc. for photo red light enforcement program. 1. Amendment No. 2 to Agreement No. 07-366 AGR07-366(2) with Moore lacofano Golstman, Inc. ($17,155; total not to exceed $456,025) for assistance in re-bidding the Mesa Marin Sports Complex L Project. m. Amendment No. 1 to Agreement No. 08-114 AGR'08-114(1) with Duane Morris, LLP (not to exceed $300,000) for outside legal services concerning State Water Resources Control Board, Reference No. KMB:A31674. n. Amendment No. 1 to Agreement No. 09-009 AGR09-009(1) with Aleshire & Wynder, LLP ($60,000; total not to exceed $140,000) for outside legal services for redevelopment and/or other miscellaneous matters as directed by the City Attorney. o. Amendment No. 1 to Agreement No. 08-123 AGR',08-123(1) with AmCal Santa Fee Fund, L.P. for the construction and development of approximately 3,000 square feet of commercial/retail space and 55 affordable multi-family units at 701 Union Avenue - Santa Fe Apartments to extend performance dates. P. Annual Contracts for auctioneer services: 1. Amendment No. 2 to Agreement No. 07-228 with Tri-State Auction Systems, AGR',07-228(2) Inc. (extending term to July 17, 2010) for auctioneer services. s j Bakersfield, California, July 15, 2009 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.p. continued 2. Amendment No. 2 to Agreement AGR 07-229(2) No. 07-229 with Quality Team, Inc. (extending term to July 17, 2010) for auctioneer services. q. Amendment No. 3 to Agreement No. 06-219 AGR 06-219(3) with Ameripride Uniform Services (extending term for one (1) year) for industrial laundry services. r. Amendment No. 2 to Agreement No. 07-230 AGR 07-230(2) with Ferguson Enterprises ($80,000; total not to exceed $240,000 and extending tem for one (1) year) for fire hydrants and hydrant repair parts. S. MaintStar Work Order System: 1. Amendment No. 1 to Agreement AGR 07-290(1) No. 07-290 with MaintStar, Inc. ($52,000; total not to exceed $429,500) for the development conversion of data for General Services and Street Divisions. I 2. Transfer $52,000 from a budgeted Public Works Department Capital Improvement ! Project (Remove High Voltage Circuitry) to the Capital Improvement Budget within the Capital Outlay Fund to fund the amendment. t. Contract Change Order Nos. 23, 25, 29, 55 and AGR 07-304 56 to Agreement No. 07-304 with Security 00023, 00025, Paving Construction ($103,461.25; revised not to 00029, 00055, exceed $30,115,713.17) for the State Route 178 00056 and Fairfax Road Interchange Project. (TRIP) U. Contract Change Order No. 1 to Agreement AGR 09-065 No. 09-065 with Kern Pacific Construction Co. CC01 ($142,000; revised not to exceed $819,395) for the Sewer Improvement Project on McCutchen Road from Wastewater Treatment Plant No. 3 to Ashe Road and from Ashe Road, 450' north of McKee Road to McCutchen Road. 1 b Bakersfield, California, July 15, 2009 - Page 6 8. CONSENT CALENDAR continued ACTIQN TAKEN V. Contract Change Order Nos. 3 and 4 to AGR 08-126 Agreement No. 08-126 with Floyd Johnston 0003, 0004 Construction Co. ($43,440.30 and $17,232 respectively; revised not to exceed $711,936.30) for the Coffee Road Waterline Project. Bids: { W. Accept bid and award contract to H & H AGR',09-090 Engineering Construction, Inc. (not to exceed $100,000 in a four (4) year period) for Bakersfield Amtrak Railroad maintenance and repair. X. Reject all bids for voice communication system for the City. Miscellaneous: Y. Acceptance of 2007-08 Transportation Development Act Funds Financial Statements. Z. Appropriate $16,000 developer contributions to REMOVED FOR the Economic & Community Development SEPARATE 1 budget within the Capital Outlay Fund for CONSIDERATION professional consultant services in the preparation of a Section 108 Loan application for Economic Development. Councilmember Weir announced he would abstain due to conflict of interest, source of Income, on Item 8.b. Councllmember Couch announced he would abstain due to conflict of interest, potential source of Income to himself and his employer, on Item 8.c. Councilmember Carson requested that item 8.z be removed for separate consideration. Councllmember Benham requested that item 8.c. be removed for separate consideration. Motion by Vice-Mayor Scrivner to adopt Consent APPROVED Calendar items 8.a. through 8.x, with the removal for separate consideration of Items 8.c. and 8.z i Bakersfield, California, July 15, 2009 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN C. Sale of Real Property: 1. Resolution declaring real property RES 085-09 located at 510 19th Street surplus to the needs of the City. 2. Agreement with the United States of AGR 09-085 America to donate real property DEED 7100 located at 510 19th Street for a Federal Courthouse. Motion by Councilmember Benham to adopt APPROVED the Resolution and approve the Agreement. AB COUCH Z. Appropriate $16,000 developer contributions to the Economic & Community Development budget within the Capital Outlay Fund for professional consultant services in the preparation of a Section 108 Loan application for Economic Development. Motion by Councilmember Carson to approve APPROVED Consent Calendar Item 8.z- 9. CLOSED SESSION None. 10. CLOSED SESSION ACTION None. 11. CONSENT CALENDAR HEARINGS a. Public Hearing to consider Resolution ordering RES 087-09 the summary vacation of any and all street right of way for 20th, S and T Streets, and all alleys bounded by the south right of way of 21 st Street, the north right of way of 19th Street, the east right of way of R Street and the east property line for the proposed Federal Building parcel. b. Public Hearing to consider Resolution ordering RES 088-09 the vacation of a portion of 14th, 13th and R Streets and alley west of R Street. R U Bakersfield, California, July 15, 2009 - Page 8 11. CONSENT CALENDAR HEARINGS continued ACTION TAKEN C. Public Hearing to consider the following documents regarding the U. S. Department of Housing and Urban Development (HUD) Section 108 Loan ($1,800,000) to provide furniture, fixtures and equipment for the Padre Hotel located at 1813 H Street. 1. Resolution authorizing the submission of a RES 009-09 Section 108 Loan Guarantee application AGR 09-091 ($1,800,000) to HUD to provide funds for furnishings, fixtures and equipment for the Padre Hotel 2. Sub-recipient Agreement with Padre AGR P9-092 Hotel, L.P. for the repayment of DEED 7101 $1,800,000 Section 108 Loan Guarantee repaid over 7 years. Assistant City Clerk Gafford announced correspondence was received from staff noting changes to exhibits of the resolution for item 11.b; and correspondence was also received in support of approval of item l I.b. Consent Calendar Hearings opened at 6:13 p.m. No one spoke. Consent Calendar Hearings closed at 6:14 p.m. Motion by Vice-Mayor Scrivner to adopt Consent APPRQVED Calendar Hearing items 12.a. through 12.c. 12. HEARINGS None. 13. REPORTS None. 14. DEFERRED BUSINESS None. i i 757 Bakersfield, California, July 15, 2009 - Page 9 15. NEW BUSINESS ACTION TAKEN None. 16. COUNCIL AND MAYOR STATEMENTS Councilmember Benham referred correspondence to the Police Department regarding an incident and requested follow-up. Councilmember Benham referred correspondence to staff from a citizen requesting assistance. Councilmember Weir referred to Budget and Finance Committee for consideration of developing a policy to reduce solid waste and Increase recycling in the future, and to develop a policy statement in time to bring back for discussion and vote on Council goals and policies. Councilmember Hanson referred to the Police ! Department a citizen request regarding working with reserve officers. Councilmember Sullivan invited everyone to attend a I local In God We Trust Anniversary Celebration on July 30th at First Assembly of God Church, recognizing the 53rd anniversary of our Nations' motto. { Mayor Hall recognized a new project that the City is co-sponsoring with the Kern Arts Council, utilizing { former graffiti offenders to paint the signal boxes downtown. i. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 6:19 p.m. I MAYOR of the City of akersfield, A EST: CITY CLERK and Ex Officio Cler f the Council of the City of Bakers field 7 5 8 Bakersfield, California, July 15, 2009 ****THIS PAGE INTENTIONALLY LEFT BLANK****