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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. 000 910 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. E 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) 91-3 914 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 -10 915 916 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 9'_i 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. 9?8 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 v-9 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 * ** *THIS PAGE INTENTIONALLY LEFT BLANK * * **