HomeMy WebLinkAbout03/10/10 CC MINUTESD
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 10, 2010
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 (seated at 5:30 p.m.) Hanson,
Sullivan
Absent: None.
City Manager Tandy made comments regarding adding an
item to the Agenda.
Motion by Vice -Mayor Scrivner to add the following item to APPROVED
the Agenda that arose after the Agenda was posted and AB COUCH
requires action tonight, as Consent Calendar Item 8.aa.:
8. CONSENT CALENDAR
Miscellaneous.
aa. Accept bid and award contract to Griffith Co.
($724,500) for completion of the Pavement
Rehabilitation 2009 Phase 3 - Wilson Road from
White Lane to Planz Road, Wible Road from
Pacheco Road to White Lane, and Hughes
Lane to Planz Road project.
Mayor Hall announced that public comments on the tow
truck services issue, Deferred Business Item 14.o., will be heard
at the time the City Council considers the matter,, and a 30
minute time slot will be allowed for all comments with each
person speaking no more than 3 minutes.
2. INVOCATION by Councilmember Carson.
3. PLEDGE OF ALLEGIANCE by Marissa Dodson, 31d grade
student at Lakeside School.
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Bakersfield, California, March 10, 2010 - Page 2
Mayor Hall recognized the government class students from ACTION TAKEN
Bakersfield College in attendance at the meeting to learn
about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Kirsten Potegian, on behalf of Larry Roland,
declaring March 23, 2010 Ben and Jerry's Day.
Ms. Potegian accepted the Proclamation,
made comments, and invited everyone to go
to Ben and Jerry's at East Hills Mall on
March 231a for free ice cream.
b. Presentation by Mayor Hall of a Proclamation to
Jodi Loeffler, on behalf of Susan Handy,
declaring March 15 -19, 2010 Adult Education
Week.
Ms. Loeffler accepted the Proclamation and
made comments.
5. PUBLIC STATEMENTS
a. Jose Lopez Quierarte spoke about problems
with his ex- landlord and Payless Auto Towing.
6. WORKSHOPS
None.
7. APPOINTMENTS
a. One appointment to the Board of Building
Appeals due to the long term vacancy
previously held by Stephen Lewis.
City Clerk Gafford announced one application was
received from Barbara Lomas.
Motion by Vice -Mayor Scrivner to appoint Barbara APPROVED
Lomas as a Member of the Board of Building Appeals.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 10, 2010
Special Council Meeting and the February 17,
2010 Regular City Council Meeting.
Bakersfield, California, March 10, 2010 - Page 3
8. CONSENT CALENDAR continued ACTION TAKEN
Payments:
b. Approval of department payments from ABS WEIR
February 5, 2010 to February 25, 2010 in the
amount of $17,592,828.47 and self- insurance
payments from February 5, 2010 to February 25,
2010 in the amount of $230,491.76.
Ordinances:
C. Adoption of Ordinance amending Chapter ORD 4614
10.80 of the Municipal Code relating to Kern
River Bicycle Trail. (FR 02 /17/10)
d. Adoption of Ordinance amending Municipal ORD 4615
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.
(FR 02117110)
Resolutions:
e. Resolution to authorize sale of surplus RES 027 -10
playground equipment to Kids Around the
World, Inc. (non - profit) for $1.00.
f. Resolution authorizing The County of RES 028 -10
Sacramento to apply for State Energy Program
Funds on behalf of the City to operate the
California First Solar and Energy Efficient
Lending Program.
g. Sewer Connection Fee Assessments for 11512
Jimrik Avenue;
1. Resolution confirming assessments for RES 029 -10
sewer connection fee and authorizing
the collection of assessments by the Kern
County Tax Collector.
2. Agreement with Steven and Noemi AGR 10 -022
Webdell to pay sewer connection fee in
installments and notice of special
assessment lien.
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Bakersfield, California, March 10, 2010 - Page 4
CONSENT CALENDAR continued ACTION TAKEN
h. Resolution of Intention No. 1656 calling a public
hearing to amend Resolution No. 138 -09 adding
standard language regarding conversion of
overhead facilities for Underground Utility
District 2 -33 (California, S Street to Union).
Resolution of Intention No. 1659 to order the
vacation of a portion of a 10' wide public
utilities easement containing +/- 930 square feet
located at 2935 Oswell Street.
Agreements:
Final Tract Map and Improvement Agreements
with John Balfanz Homes, Inc. for Tract 6353
Phase 3 located south of Hosking Avenue and
west of Highway 99.
k. Agreement with Wilson & Associates (not to
exceed $113,200) to provide continuing
disclosure services for various Special
Assessment Districts.
I. License Agreement with Kern County Water
Agency ($1.00) for equestrian access over the
Cross Valley Canal at Rosedale -Rio Bravo Water
Storage District Intake Channel.
M. Agreement with York Claims Service, Inc. (not
to exceed $375,000 over 3 year term) to adjust
liability claims filed against the City.
n. Agreement with PARS for administrative and
custodial services regarding the City's Retiree
Medical Irrevocable Trust.
o. Amendment No. 2 to Agreement No. 08 -179
($26,618.63; revised not to exceed $170,326.75)
with SunGard Public Sector, Inc. for licensed
software service support.
P. Amendment No. 1 to Agreement No. 08 -081
with Hanna, Brophy, MacLean, McAleer &
Jensen (not to exceed $150,000 and extending
term for 12 months) for Worker's Compensation
defense attorney services.
ROI 1656
ROI 1659
AGR 10 -023
AGR 10 -024
AGR 10 -025
AGR 10 -026
AGR 10 -027
AGR 08- 179(2)
AGR 08- 081(1)
Bakersfield, California, March 10, 2010 - Page 5
8. CONSENT CALENDAR continued
q. Amendment No. 1 to Agreement No. 08 -105
with A C S /ComplQ Corp. (not to exceed
$150,000 and extending term for 12 months) for
Worker's Compensation bill review services.
Amendment No. 5 to Agreement No. 05 -423
with PacifiCare Behavioral Health of California
for emotional health care insurance.
S. Contract Change Order No. 1 to Agreement
No, 09 -109 with Granite Construction
($145,675.69; revised not to exceed
$1,696,479.69) for the Pavement Rehabilitation
2009 Phase 1 Mt. Vernon Avenue from SRI 78 to
University Avenue Project.
Contract Change Order Nos. 1 through 3 to
Agreement No. 09 -111 with Maverick Asphalt
and Construction ($97,979.04; revised not to
exceed $1,881,522.94) for the Pavement
Rehabilitation 2009 Phase 3 Various Locations
Project.
U. Wastewater Treatment Plant No. 3 - 2007
Expansion Project;
Contract Change Order No. 11 to
Agreement No. 07 -302 with Kiewit Pacific
Corp. ($399,139; revised not to exceed
$218,711,449) for project.
2. Transfer $399,139 contingency
established for the Wastewater
Treatment Plant No. 3 Expansion Project
to the Public Works Department Capital
Improvement Budget.
V. Amendment No. 1 to Agreement No. 06 -169
with Raymundo Engineering Co., Inc, ($35,000;
revised not to exceed $211,963) for
construction support services for the Bakersfield
LNG /LCNG Fueling Facility at S. Mt. Vernon
Avenue & E. Planz Road Project.
ACTION TAKEN
AGR 08- 105(1)
AGR 05- 423(5)
AGR 09 -109
CC01
AGR 09 -111
CCO1, CCO2, CCO3
AGR 07 -302
CC011
AGR 06- 169(1)
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Bakersfield, California, March 10, 2010 - Page 6
8. CONSENT CALENDAR continued
Bids:
W. Bakersfield LNG /LCNG Fueling Facility - S. Mt.
Vernon Avenue & E. Planz Road:
1. Accept base bid only and award
contract to Wyoming North Star, Inc.
($2,193,628.40) for project,
2. Appropriate $849,767 Federal
Congestion Management Air Quality
Funds to the Public Works Department
Capital Improvement Budget within the
SAFETEA -LU Fund.
3. Appropriate $550,000 Refuse Fund
Balance to the Public Works Department
Capital Improvement Budget.
X. Accept bids from DDL Traffic, Inc. ($33,606.21),
McCain, Inc. ($77,347.93) and Jam Services,
Inc, ($200,219.20) for signal equipment.
Y. Accept bid and award annual contract to
Victory Engineers, Inc. (not to exceed
budgeted amount of $80,000) for canal liner
repair.
Miscellaneous:
Z. Appropriate $3,589,586 in Federal SAFETEA -LU
funds to the Public Works Capital Improvement
Budget within TRIP. (SR 178 /Fairfax Road)
aa. Accept bid and award contract to Griffith Co.
(724,500) for completion of the Pavement
Rehabilitation 2009 Phase 3 - Wilson Road from
White Lane to Planz Road; Wible Road from
Pacheco Road to White Lane; and Hughes
Lane to Planz Road project,
City Clerk Gafford announced a correction to item
8.t., revising the dollar amounts.
Councilmember Weir announced he would abstain
due to conflict of interest, source of income to himself,
on item 8.b.
ACTION TAKEN
AGR 10 -028
AGR 10 -029
AGR 10 -030
Bakersfield, California, March 10, 2010 — Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
Motion by Vice -Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8.aa., with the correction
to item 81
9. CLOSED SESSION
None.
10. CLOSED SESSION ACTION
None,
11. CONSENT CALENDAR PUBLIC HEARINGS
None.
12. HEARINGS
a. Public Hearing to consider Resolution approving
and adopting an adjusted fee for the
development and improvement of parks within
the City (proposed 4% increase based upon
Construction Cost Index).
Public Works Director Rojas made staff comments.
Hearing opened at 5:38 p.m.
No one spoke.
Hearing closed at 5:38 p,m.
Motion by Vice -Mayor Scrivner to adopt the
Resolution.
13. REPORTS
None.
14. DEFERRED BUSINESS
a. Resolution regarding tow truck services.
Majority of Budget and Finance Committee
recommends adoption of resolution.
Administrative Analyst Teglia made comments and a
powerpoint presentation.
City Manager Tandy made comments.
RES 030 -10
APPROVED
RES 031 -10
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Bakersfield, California, March 10, 2010 - Page 8
14. DEFERRED BUSINESS continued ACTION TAKEN
City Clerk Gafford announced correspondence was
received from Les Simpson of K &R Towing, and Lynn
Gudmundson of Fleet Services Towing.
John Duffield, Certified Public Accountant; Dr. Scott
McHone; Trice Harvey; and Andrew Richter, with
Barnett's Towing, spoke in opposition to the
recommendation,
Mr. Robert Ring, representing the Bakersfield Towing
Association; Ray Tavakoli; and Randall Davis, owner of
Joe's Towing, spoke in support of the
recommendation,
Councilmember Weir spoke in support of the Majority
Report.
Motion by Councilmember Weir, to amend the current NAT
policy effective July 1,20 10, to adopt the CHP
standards as the minimum qualifications, as detailed
in the CHP tow services agreement; the 7 tow
companies on the CHP list on or after May 1, 2010 in
the northwest tow district, central tow district or
southwest tow district, which have a primary location,
as defined in the CHP tow services agreement, within
the City limits of Bakersfield will be eligible to contract
with the City for towing services, the existing 6
companies currently under contract with the City
will be grandfathered in for a period of 24 months from
July 1, 2010, those that do not have a location in the
City limits, or are not in the process of annexation to
the City, will be ineligible to contract with the City after
the 24 months have expired; all companies will have
to apply, including grandfathered companies, to be
on the list; if the number of applications exceeds the
cap, the grandfathered companies that have applied
will be selected first and additional companies will be
selected based upon the date and time stamped on
their application by the Finance Department, there will
be a 10 -day termination clause, which would be a
without cause clause; appropriate additional
insurance requirements are to be included in the City's
contracts, along with a 30- minute response time; the
City shall cap the number of tow companies that can
contract with the City at 13; all City towing needs,
including that of the Public Works Department, will be
provided through the contracted companies on the
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Bakersfield, California, March 10, 2010 - Page 9
14. DEFERRED BUSINESS continued ACTION TAKEN
City tow rotation list; the new contracts will be
administered by the Finance Department;
administration of the rotational process will remain with
the Police Dispatch Center, and the City will enter into
one contract for evidence towing and storage
services by way of a Request for Proposal process.
Councilmember Hanson spoke in support of the
Minority Report.
Motion by Councilmember Hanson to grandfather in
the 6 existing tow companies with which the City is
doing business, contract with an additional 4 tow
companies that are located within the City limits and
have submitted completed applications for tow
services, and must be in file as of this date; staff is to
update the 1994 requirements and provide specific
and more stringent standards than the CHP requires;
there will be a 10 -day termination clause; appropriate
additional insurance requirements are to be included
in the City's contracts, along with a 20- minute
response time, and all City towing needs, including
that of the Public Works Department, will be provided
through the contracted companies on a City rotation
list.
Councilmember Benham stated she is inclined to
support Councilmember Weir's motion, and asked
him to consider a friendly amendment to extend the
transition period to six months,
Councilmember Weir agreed to amend his motion NAT
and accept a six -month adjustment to October 1,
2010.
Councilmember Weir amended his motion to revise NAT
the cap to allow 14 tow companies.
Councilmember Carson asked Councilmember Weir
to consider a friendly amendment to set the cap at
13.
Councilmember Weir stated he wanted the cap to
remain at 14.
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Bakersfield, California, March 10, 2010 - Page 10
ACTION TAKEN
14. DEFERRED BUSINESS continued
Councilmember Hanson stated for the record, that
when he made the recommendation last week for 10,
he did not know the number of applications on file,
and when he called staff today about the number, he
was told there were 9, with 4 of them being in the City,
and he would like clarification on that number.
Councilmember Couch suggested grandfathering in
the 6, requiring them to annex or get into the City limits
by October 1, 2012, adding 4 via the RFP /RFQ process
and it doesn't matter if they are in the City or in the
County right now but they have the some time frame
to get themselves in the City.
Motion by Councilmember Hanson amending his
motion to 24 months from July for consistency
purposes, go with the RFP process, and direct staff to
come back with recommendations on that
Councilmember Scrivner suggested grandfathering in
the 6, but not in perpetuity,- allow until January 1, 2011,
before implementing the new policy, and let the
existing companies be grandfathered in for 3 years;
and take applications for 4 more companies.
Councilmember Benham expressed her concerns
about going through an RFP process when employees
are already being asked to do more with less.
Councilmember Sullivan stated she is comfortable
increasing by 4, but does not feel the RFP process is
necessary.
Councilmember Weir called for the question.
City Attorney Gennaro re- stated Councilmember APPROVED
Hanson's motion, as follows: The motion by NOES WEIR,
Councilmember Hanson is that the total number of BENHAM,
companies that can contract with the City for tow SCRIVNER
services shall be 10; all of the companies must be
located within the City limits, however, the 6
companies that are currently under contract with the
City will be grandfathered in, and they will have 24
months from July of 2010 in order to have their primary
location within the City limits, staff then will be
required to come back to the Council and present the
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Bakersfield, California, March 10, 2010 - Page 11
14. DEFERRED BUSINESS continued ACTION TAKEN
RFP requirements as to how to arrive at the additional 4
companies, included in that list will be updated
requirements and more specific and stringent
standards than the CHP requirements, parameters will
also include a contract that will have a 10 -day
termination clause, appropriate additional insurance
and a 20- minute response time, all City towing needs,
including that of the Public Works, will be provided
through the contracted companies on the City tow
rotation list, as that will be established through the RFP
process, the new contracts will be administered by
the Finance Department; the rotation process will
remain with the Police Dispatch Center, and the City
will enter into one contract for evidence towing and
storage services by way of also an RFP process, which
will be separate.
Councilmember Hanson concurred with City Attorney
Gennoro that the term of the contracts will come
back to Council for discussion as part of the RFP
parameters,
Recess taken from 7:56 to 8:03 p.m.
15. NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Hanson expressed his surprise
regarding a letter indicating the City owes the railroad
$530,000.
Councilmember Hanson stated he met a man in Cairo
named Richard Harrison who asked to send his
regards to Councilmember Couch.
17. ADJOURNMENT
Mayor Hall adjourned the mealing at 8 ,O.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex O i o Clerk of
the Council of the Ci 0 Bakersfield
1%) 2 0 Bakersfield, California, March 10, 2010 — Page 12
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