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HomeMy WebLinkAbout02/17/10 CC MINUTESBAKERSFIELD CITY COUNCIL MINUTES MEETING OF FEBRUARY 17, 2010 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 Scrivner, Councilmembers Carson, Benham, Weir, Couch (present 5:46 - 7:27 p.m.) Hanson, Sullivan Absent: None. 2. INVOCATION by Minister Gurujodha S. Khalsa, Guru Ram Das Academy /Gurdwara. 3. PLEDGE OF ALLEGIANCE by Lillian Stacey, 3rd grade student at Olive Drive School. Mayor Hall recognized the government and political science students from Bakersfield College, the early childhood education group from Taft College, and the government class from Ridegeview High School in attendance at the meeting to learn about City government. 4. PRESENTATIONS None. 5. PUBLIC STATEMENTS a. Ray Scott, administrator for Price Disposal and chairman for the Greater Bakersfield Green Expo spoke about the upcoming Expo on April 17th, invited everyone to attend, and provided a handout. ACTION TAKEN u97 C .1018 Bakersfield, California, February 17, 2010 - Page 2 ACTION TAKEN 6. WORKSHOPS a. Status update on the California High Speed Rail Project. Carrie Bowen, Regional Director for the California High Speed Rail Authority made comments and provided a handout. Councilmember Benham asked staff to be thinking about the appropriate way to receive public input and study the possibility of adopting a resolution and report back within the next two months, provide information regarding mitigation of impacts in each of the two alternative routes, and educate the community. 7. APPOINTMENTS a. One appointment to the Board of Directors of the North of the River Recreation and Park District due to the expiration of term of Bob Blakemore, term expired December 31, 2009. Administrative Assistant Lawrence announced one application was received from Dana Ann Martin. Motion by Vice -Mayor Scrivner to appoint Dana Ann APPROVED Martin to a four -year term to the Board of Directors of AB COUCH the North of the River Recreation and Park District, expiring December 31, 2013. S. CONSENT CALENDAR Minutes: a. Approval of minutes of the January 27, 2010 Regular City Council Meeting. Payments: ABS WEIR b. Approval of department payments from January 15, 2010 to February 4, 2010 in the amount of $20,676,477.68 and self- insurance payments from January 15, 2010 to February 4, 2010 in the amount of $390,349.63. Ordinances: FR C. First Reading of Ordinance amending Chapter 10.80 of the Municipal Code relating to Kern River Bicycle Trail. L, Bakersfield, California, February 17, 2010 - Page 3 CONSENT CALENDAR continued ACTION TAKEN d. First Reading of Ordinance amending Municipal FR Code Section 1. 12,060 by adding Annexation No. 503 consisting of 465.15 acres located on the south side of Taff Highway, along the west side of Stine Road, east of Gosford Road, and Annexation No. 515 consisting of 11.37 acres located on the south side of Taff Highway between Stine and Ashe roads to Ward 6. Resolutions: REMOVED FOR SEPARATE e. Resolution declaring state of severe fiscal CONSIDERATION hardship. RES 015 -10 f. Resolution confirming approval by the Assistant City Manager 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 authorize collection of the assessments by the Kern County Tax Collector. g. Aera Park playground equipment: RES 016 -10 Resolution determining that Game Time age 5 -12 Powerscape Plus Hybrid playground equipment cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding, not to exceed $15,200. 2. Approve the purchase of playground equipment from Game Time ($15,200). 3. Approve the installation for playground equipment from Community Playgrounds ($8,580). 4. Appropriate $10,000 AERA Energy contribution to the Recreation and Parks Department Capital Improvement Budget within the Capital Outlay Fund for the purchase of playground equipment. 41 W Bakersfield, California, February 17, 2010 - Page 4 8. CONSENT CALENDAR continued Item 8.g. continued 5. Transfer $13,780 from a budgeted Capital Improvement Project within the Capital Outlay Fund to fund the award of this project. h. Purchase of Specialized Detection Equipment: Resolution determining that Smith's Detection specialized detection equipment cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor (not to exceed $109,988). 2. Approve the purchase of Smith's Detection specialized detection equipment in the amount of $109,988. Amendment No. 12 to Resolution No. 049 -06 approving memorandum of understanding for employees of the Blue and White Collar units and adopting salary schedule and related benefits for Heavy Equipment Operator - Wastewater. Resolution of Intention No. 1655 ordering the vacation of the northerly 3.5' of the 10' flowage easement on Parcel 1 of amended Parcel map No. 11220 located at 4815 Panama Lane. Agreements: Agreement with Equilon Enterprises, LLC, dba Shell Oil Products US ($1,500,000) for the relocation of an oil pipeline facility located on the north side of Brimhall Road for the Westside Parkway Phase II Project. (TRIP) Consent to Common Use Agreement with P.G. & E. for areas the Westside Parkway crosses underneath PG &E's tower lines at Mohawk Street. (TRIP) M. License Agreement with Southern California Gas Company to relocate natural gas service being displaced by the construction of the Westside Parkway at the Cross Valley Canal south of the Flying J refinery. (TRIP) ACTION TAKEN RES 017 -10 RES 049 - 06(12) ROI 1655 AGR 10 -015 AGR 10 -016 AGR 10 -017 Bakersfield, California, February 17, 2010 - Page 5 8. CONSENT CALENDAR continued n. State Route SR -178 and Fairfax Road interchange Project: (FRIP) Agreement with PB Americas, Inc. (formerly Parsons Brinckerhoff Quade & Douglas, Inc.) ($1,745,398.93) for the payment of the cost for the reconstruction of the westbound off ramp and for modifications to the eastbound on ramp. 2. Contract Change Order No. 90 to Agreement No. 07 -304 with Security Paving Construction ($1,485,385.40; revised not to exceed $31,957,814.27) 3. Appropriate $1,745,398.93 consultant share of project costs from PB Americas, Inc. to the Public Works Department's Capital Improvement Budget within the Capital Outlay Fund. o. Agreement with San Joaquin Community Hospital for Fire Department Paramedics to attend quarterly manipulative skills competency practice sessions. P. Amendment No. 1 to Agreement No. CA08 -019 with outside counsel, Griswold, LaSalle, Cobb, Dowd & Gin, LLP for legal services in the matter of City v. Big West of California, et al., Kern County Superior Court Case No. S- 1500 -CV- 260449 WDP (not to exceed $100,000). q. Amendment No. 1 to Agreement No. 09 -043 with the Housing Authority of the County of Kern ($625,000 reduction; revised not to exceed $1 ,795,709) for Neighborhood Stabilization Program (NSP) Housing Acquisition and Preservation Program. r. Amendment No. 1 to Agreement No. 09 -137 with the Housing Authority of the County of Kern ($1,125,000; revised not to exceed $4,815,000) for the purchase and rehabilitation of a foreclosed 99 -unit independent living facility located at 2221 South Real Road. ACTION TAKEN AGR 10 -018 AGR 07 -304 CCO90 AGR 10 -019 AGR 10 -020 REMOVED FOR SEPARATE CONSIDERATION AGR 09- 137(1) 90 91 von.. Bakersfield, California, February 17, 2010 - Page 6 CONSENT CALENDAR continued S. Department of Housing & Urban Development, Community Development Block Grant, Neighborhood Stabilization Program Action Plan Amendment No. 10 (FY08 /09) to reprogram funds from acquisition and rehabilitation of REO units by the Housing Authority of the County of Kern and provide additional rehabilitation assistance for Pinewood Glen Senior Housing Project located at 2221 South Real Road. Amendment No. 1 to Agreement No. 09 -025 with Power Management Incorporated ($60,100; revised not to exceed $140,000) for repair and maintenance of Deutz engine at Wastewater Treatment Plant No. 2. U. Amendment No. 1 to Agreement No. 08 -222 with the County of Kern ($201,166; revised not to exceed $848,166) for equipment, software, training, planning or other professional services. (Homeland Security Grant funding) V. Wastewater Treatment Plant No. 3 - 2007 Expansion Project; Contract Change Order No. 10 to Agreement No. 07 -302 with Kiewit Pacific Corporation ($607,000; revised not to exceed $218,312,310). 2. Transfer $607,000 contingency established for the Wastewater Treatment Plant No. 3 Expansion Project to the Public Works Department's Capital Improvement Budget. Bids: ACTION TAKEN AGR 09- 025(1) AGR 08- 222(1) AGR 07 -302 CCO 10 W. Accept bid and award contract to Turnupseed AGR 10 -021 Electric Services, Inc. ($108,065) for the installation of traffic monitoring cameras 08 -09. Bakersfield, California, February 17, 2010 — Page 7 8. CONSENT CALENDAR continued ACTION TAKEN Miscellaneous: X. FY2009 -10 Community Development Block Grant (CDBG) awarded to Police Department to add two Police Officer positions to patrol the Mill Creek /Downtown area; 1. Add two Police Officer positions to the Police Department complement. 2. Appropriate $260,000 CDBG Cost Allocation Revenues to the Police Department FY2009 -10 Operating Budget in the General Fund for hiring of two Police Officers. Y. Appropriate $75,400 Transportation Development Act Article 3 Grant funds to the Public Works Department's Capital Improvement Budget within the Bikeway and Pedestrian Pathway Fund for marking bike lanes on existing streets within the City at three sites. Z. Acceptance of financial audit reports. aa. Acceptance of 2008 -09 Transportation Development Act Funds financial statements. bb. Grant of easement to P.G. & E. to relocate electrical service being displaced by the construction of the Westside Parkway at Coffee Road. (TRIP) CC. Amendment No. 1 to Agreement No. 09 -104 with Kern Sprinkler Landscaping, Inc. ($50,000; revised not to exceed $140,000) for the Annual Contract for irrigation and landscaping services. Councilmember Weir announced he would abstain due to conflict of interest, source of income to himself, on item 8.b. Councilmember Carson requested item 8.q. and 8.x. be removed for separate consideration. Vice -Mayor Scrivner requested item 8.e. be removed for separate consideration. REMOVED FOR SEPARATE CONSIDERATION DEED 7272 AGR 09- 104(l) 00, 0 3 1.1 1904 Bakersfield, California, February 17, 2010 - Page 8 CONSENT CALENDAR continued ACTION TAKEN Motion by Vice -Mayor Scrivner to adopt Consent APPROVED Calendar items 8.a. through 8. cc., with the removal of AB COUCH items 8.e., 8.q. and 8.x. for separate consideration. e. Resolution declaring state of severe fiscal RES 014 -10 hardship. At the request of Vice -Mayor Scrivner, City Manager Tandy provided an explanation of this item. Motion by Vice -Mayor Scrivner to adopt Consent APPROVED Calendar item 8.e. AB COUCH q. Amendment No. 1 to Agreement No. 09 -043 AGR 09- 043(1) with the Housing Authority of the County of Kern ($625,000 reduction; revised not to exceed $1,795,709) for Neighborhood Stabilization Program (NSP) Housing Acquisition and Preservation Program, At the request of Councilmember Carson, Economic Development Director Kunz provided an explanation of this item. Motion by Councilmember Carson to adopt Consent APPROVED Calendar item 8.q. AB COUCH X. FY2009 -10 Community Development Block Grant (CDBG) awarded to Police Department to add two Police Officer positions to patrol the Mill Creek /Downtown area: Add two Police Officer positions to the Police Department complement. 2. Appropriate $260,000 CDBG Cost Allocation Revenues to the Police Department FY2009 -10 Operating Budget in the General Fund for hiring of two Police Officers. At the request of Councilmember Carson, Economic Development Director Kunz provided clarification on this item. Motion by Councilmember Carson to adopt Consent APPROVED Calendar item 8.x. AB COUCH Bakersfield, California, February 17, 2010 - Page 9 CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Bakersfield Police Officers' Association v. City - KCSC Case No. S- 1500 -CV- 268290 NFT. b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9 (One matter). C. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. Motion by Vice -Mayor Scrivner to adjourn to Closed Session at 5.45 p.m. Councilmember Couch was present at Closed Session. Motion by Councilmember Weir to adjourn from Closed Session at 7.20 p.m. RECONVENED MEETING AT 7:27 p.m. 10. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Bakersfield Police Officers' Association v. City - KCSC Case No. S- 1500 -CV- 268290 NFT. b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9 (One matter). C. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider Resolution ordering the vacation of the sewer line easement located at 9628 Rosedale Highway. (Staff recommends adoption of Resolution.) ACTION TAKEN APPROVED AB COUCH APPROVED NO REPORTABLE ACTION NO REPORTABLE ACTION NO REPORTABLE ACTION RES 018 -10 905 '.OG Bakersfield, California, February 17, 2010 - Page 10 11. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN b. Public Hearing to consider 13 Resolutions of RES 019 -10 Necessity ( "RON ") to determine whether the RES 020 -10 public interest and necessity require acquisition RES 021 -10 by eminent domain of temporary construction RES 022 -10 easements upon /across /over property located RES 023 -10 in Bakersfield, California, specifically: RES 024 -10 APN 409 -491 -06, APN 409 - 562 -07, RES 025 -10 APN 409 - 562 -16, APN 409 - 562 -19, RES 026 -10 APN 409 - 562 -21, APN 409 - 592 -06, APN 409 - 611 -07, APN 409 - 611 -10, APN 409 - 611 -11, APN 500 -551 -09, APN 500 - 611 -12, APN 500 - 620 -10, and APN 500 -620 -11, for the Westside Parkway project. (TRIP) (Staff recommends adoption of Resolutions.) Administrative Assistant Lawrence announced settlement was reached on the following five properties: APN 409 - 592 -06, APN 409 - 611 -07, APN 409 - 611 -10, APN 500 - 620 -10, and APN 500 -620 -11. Consent Calendar Public Hearings opened at 7:29 p.m. No one spoke. Consent Calendar Public Hearings closed at 7:29 p.m. Motion by Vice -Mayor Scrivner to adopt Consent Calendar Public Hearing items I l.a, and l l.b. 12. HEARINGS None. 13. REPORTS None. 14. DEFERRED BUSINESS None. 15. NEW BUSINESS None. APPROVED AB COUCH S07 Bakersfield, California, February 17, 2010 - Page 11 16. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN Councilmember Benham asked staff to respond to a request from the Pastoral Council of St. Philip the Apostle Catholic Church regarding the installation of the three -way traffic signal. In response to a question from Councilmember Weir, Public Works Director Rojas provided an oral update on the timeline for the completion of the work on the Fairfax ramp, indicating it should take about three months to complete all the work. Vice -Mayor Scrivner referred the issue of licensing requirements for transient jewelry buyers to the Legislative and Litigation Committee. Vice -Mayor Scrivner thanked City Clerk Gafford for her assistance with the students visiting from China. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 7:31P.m. MAYOR of The City of Bakersfield, ATTEST: CITY CLERK and Ex cio Clerk of the Council of the Ci of Bakersfield 19 0 8 Bakersfield, California, February 17, 2010 -Page 12 * ** *THIS PAGE INTENTIONALLY LEFT BLANK * * **