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
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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.
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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
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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
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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
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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
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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
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