HomeMy WebLinkAbout07/21/10 CC MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JULY 21, 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, Sullivan
Absent: Councilmember Hanson
2. INVOCATION by Chaplain Angelo Frazier, Bakersfield
Rescue Mission.
3. PLEDGE OF ALLEGIANCE by Erik Tarango, 5th grade
student, home schooled.
4. PRESENTATIONS
a. Presentation by Mayor Hall of retirement plaque
and gift certificate to John W. Stinson.
Mayor Hall presented the plaque, gift
certificate and a Proclamation to Mr. Stinson.
Mr. Stinson thanked Mayor Hall for the
presentation and made comments.
5. PUBLIC STATEMENTS
a. Zachary Griffin, representing Bike Bakersfield,
spoke regarding having the Community
Services Committee review the
recommendation for a bicycling and
pedestrian oriented transportation
infrastructure.
Councilmember Sullivan referred this matter to
the Community Services Committee for an
update and communication.
b. Marvin Dean spoke regarding Consent
Calendar items 8.m.1., 8.dd., 8.kk., and 8.11.
ACTION TAKEN
I G I t
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Bakersfield, California, July 21, 2010 — Page 2
5. PUBLIC STATEMENTS continued ACTION TAKEN
C. Stefan Lambert, representing the Bakersfield
Community Service Action Committee and the
Initiative for a Sensitivity Committee, spoke
regarding Phase 4 of the Initiative.
6. WORKSHOPS
a. Update on Thomas Roads Improvement
Program (TRIP) Projects.
Public Works Director Rojas made a power point
presentation.
Councilmember Weir asked staff to e-mail him
information regarding when the off -ramp project for
the Fairfax Road alignment was awarded and the
length of time it will take to complete.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the June 30, 2010
Regular City Council Meeting.
Payments:
b. Approval of department payments from ABS COUCH
June 18, 2010 to July 7, 2010 in the amount
of $16,098,384.95 and self- insurance payments
from June 18, 2010 to July 7, 2010 in the amount
of $1,141,344.19.
Ordinances:
C. First Reading of Ordinance adding Section FR
17.04.358 and amending Chapter 17.61 of the
Municipal Code related to water conservation
and efficiency requirements to landscape
standards.
d. Adoption of Ordinance amending Municipal ORD 4622
Code Section 1. 12.050 by adding Annexation
No. 520 consisting of 31.53 acres located at the
southwest corner of Gosford Road and
McCutchen Road to Ward 5. (FR 06130110)
Bakersfield, California, July 21, 2010 — Page 3
8. CONSENT CALENDAR continued ACTION TAKEN
Resolutions:
e. 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.
f. Resolution authorizing the Police Department to
apply for the Edward Byrne Memorial Justice
Assistance Grant ($203,793) from the U. S.
Department of Justice to reduce crime and
improve public safety.
g. Resolution delegating authority to the Risk
Manager to act on behalf of the City regarding
matters between the City and The California
State Association of Counties - Excess Insurance
Authority (CSAC -EIA).
h. Resolution authorizing the filing of an
application with the Kern Council of
Governments for allocation of Transportation
Development Act funds for Fiscal Year 2010 -11
($230,077) for the maintenance of the Amtrak
Station during said fiscal year.
I. Resolution of Intention No. 1670 to amend the
Miramonte Drive -Chase Avenue Planned Major
Thoroughfare Area and preliminarily approving
the revised cost and fee schedule.
j. Resolution of Intention No. 1673 to order the
vacation of the Waiver of Direct Access along
Parcel 1 of Parcel Map 10898 on Coffee Road.
Agreements:
k. Improvement Agreements:
1. Agreement with Brundage Properties,
LLC for Parcel Map 11802 located east of
Mt. Vernon Avenue and south of E. Brundage
Lane.
RES 083 -10
RES 084 -10
RES 085 -10
RES 086 -10
RO/ 1670
ROI 1673
AGR 10 -094
10!
Bakersfield, California, July 21, 2010 - Page 4
8. CONSENT CALENDAR continued
Item 8.k. continued
2. Agreement with K. Hovnanian at
Bakersfield 463, LLC for a street permit to
construct Bedford Green, '/s width from
Highland Knolls to SR 178.
Assignment Agreement with Bakersfield
Redevelopment Agency for use of HOME
Funds ($1,300,000) for housing project located
at 501 19th Street.
M. Real property acquisition for future Hosking
Road and State Highway 99 Interchange:
1. Agreement with 2310 Hosking Rd„ LLC
($1,000,000) for the purchase of real
property located at the northwest corner
of Hosking Rd. and State Hwy. 99,
2. Appropriate $1,000,000 Transportation
Development Fund balance to the
Public Works Department Capital
Improvement Budget.
n, Amendment No. 4 to Agreement No. 06 -219
with Ameripride Uniform Services (no increase;
extends term 1 year) for industrial laundry
service.
o. Auctioneer Services:
1. Amendment No. 3 to Agreement
No. 07 -228 with Tri -State Auction Systems,
Inc. (extending term to July 17, 2011) for
auctioneer services.
2. Amendment No. 3 to Agreement
No. 07 -229 with Quality Team, Inc.
(extending term to July 17, 2011) for
auctioneer services.
P. Amendment No. 1 to Agreement No. 09 -136
with Bakersfield Community House
($31,023 CDBG Funds) to paint exterior of the
building at 2020 R Street.
ACTION TAKEN
AGR 10 -095
AGR 10 -096
AGR 10 -097
DEED 7326
AGR 06- 219(4)
AGR 07- 228(3)
AGR 07- 229(3)
AGR 09- 136(1)
Bakersfield, California, July 21, 2010 - Page 5
8. CONSENT CALENDAR continued
q. Amendment No. 1 to Agreement No. 10 -056
with Crider Construction, Inc. ($55,000; revised
not to exceed $135,000) for welding,
fabrication and general construction work at
Wastewater Treatment Plants 2 and 3.
Amendment No. 1 to Agreement No. 08 -044
with Meyer Civil Engineering, Inc. ($28,000;
revised not to exceed $628,330) to provide
additional design consultant services for the Mill
Creek Linear Park Project.
S. Amendment No. 4 to Agreement No. 07 -416
with Krazan & Associates, Inc. ($50,000; revised
not to exceed $789,628.75) for material testing
services for various construction projects,
Calendar Years 2008 and 2009.
t. 24th Street Improvement Projects (TRIP):
1. Amendment No. 1 to Agreement
No. 07 -224 with RBF Consulting ($632,467;
revised not to exceed $2,490,659) for
engineering design services for the 24th
Street Widening Project,
2. Amendment No. 1 to Agreement
No. 07 -225 with RBF Consulting ($498,522;
revised not to exceed $2,012,321) for
engineering design services for the Oak
and 24th Street Improvement Project.
U. Wastewater Treatment Plant No. 3 - 2007
Expansion Project:
Amendment No. 8 to Agreement
No. 04 -214 with Parsons Water and
Infrastructure ($45,740; revised not to
exceed $17,749,467) for additional
design services on the arterial roads
adjacent to the Wastewater Treatment
Plant No. 3 Expansion Project,
ACTION TAKEN
AGR 10- 056(1)
AGR 08- 044(1)
ABS COUCH
AGR 07- 416(4)
AGR 07- 224(1)
AGR 07- 225(1)
AGR 04- 214(8)
10'5
WIG
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Bakersfield, California, July 21, 2010 - Page 6
CONSENT CALENDAR continued ACTION TAKEN
Item 8.u. continued
2. Transfer $45,740 from a budgeted
Capital Improvement Project
(Wastewater Treatment Plant No. 3
Arterial Roads) to another Capital
Improvement Project (Wastewater
Treatment Plant No. 3 Expansion Project)
within the Sewer Enterprise Fund to fund
this amendment.
V. Amendment No. 3 to Agreement No. 08 -179
AGR 08- 179(3)
with Sungard Public Sector, Inc. ($168,436.74)
for service support of licensed software.
AGR 09- 087(1)
W. Amendment No. 1 to Agreement No. 09 -087
with CompuCom Systems, Inc. ($215,385.20) to
provide Microsoft Licenses for 1029 computers.
X. Contract Change Order No. 2 to Agreement
AGR 10 -044
No. 10 -044 with Granite Construction Co.
CCO2
($50,229.73; revised not to exceed
$1,528,565.73) for the Pavement
Rehabilitation Phase 5: Coffee Road - Friant
Kern Canal to Riverlakes Drive /Meant' Avenue;
Coffee Road - Olive Drive to Norris Road
(Northbound Only) Project.
Y. Sports Village Phase 1:
1. Contract Change Order Nos. 4 & 5 to
AGR 09 -121
CCO4, CCO5
Agreement No. 09 -121 with Klassen
Corp. ($120,278.57; revised not to
exceed $6,821,297.57) for the project.
2. Appropriate $95,000 Park Development
Fund balance to the Recreation and
Parks Department Capital Improvement
Budget (Zone 1).
Bids:
Z. Accept bid and approve contract with
AGR 10 -098
Innovative, Inc. ($77,790.80) for Median
Construction: Mt. Vernon Avenue, SR 178 to
Columbus Street Project.
Bakersfield, California, July 21, 2010 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
aa. Greystone Neighborhood Park:
Accept base bid plus additive alternate
Nos. 1 & 2 and approve contract with
S.C. Anderson, Inc. ($1,839,000) for the
Project.
2. Appropriate $1,000,000 Park
Development Fund balance to the
Recreation and Parks Department
Capital Improvement Budget (Zone 1).
bb. Traffic signal and lighting system installation at
the intersection of Akers Road and Pacheco
Road:
1. Accept bid and approve contract with
A -C Electric Co. ($107,486) for project.
2. Appropriate $60,000 Transportation
Development Fund balance to the
Public Works Department Capital
Improvement Budget.
CC. Furnish and install diesel particulate filters on 14
refuse trucks:
Accept bids and approve contracts
($190,368.17) with Ironman Parts &
Services ($1 37,770) and Diesel Exhaust &
Emissions, LLC ($52,598.17).
2. Appropriate and transfer $191,000 Refuse
Fund balance to the Public Works
Department Operating Budget within
the Equipment Management Fund.
dd. Southwest Hangar Area Development at
Municipal Airport Project:
Approve Grant Agreement with Federal
Aviation Administration ($791,897) for
hangar area development.
2. Accept bid and approve contract with
T.D. Whitton Construction, Inc.
($725,866.13) for construction of Base Bid
and Additive Alternate 1 elements for
Project.
AGR 10 -099
AGR 10 -100
AGR 10 -101
AGR 10 -102
AGR 10 -103
AGR 10 -104
10:47
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Bakersfield, California, July 21, 2010 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
ee. Accept bid and approve contract with AGR 10 -105
Sandoval Construction & Excavation, Inc.
($143,166.24) for construction of Base Bid and
Additive Alternate 1 elements for the Sewer
and Water Improvements Southwest Hangar
Area Development at Municipal Airport Project.
ff. Accept bid and approve annual contract with AGR 10 -106
Toter, Inc. ($542,224.25) for trash carts.
gg. Accept bid and approve annual contract with AGR 10 -107
Kern Sprinkler Landscaping, Inc. (not to exceed
$224,648.25) for on -call irrigation and
landscape services.
Miscellaneous:
hh. Appropriate contributions from Bakersfield
Foundation totaling $1,100 to the Recreation
and Parks Department Operating Budget within
the General Fund for the Build -a -Bike Program
provided at the Dr. Martin Luther King, Jr.
Community Center.
ii. Appropriate $500 contribution from Jim Burke
Education Foundation to the Recreation and
Parks Department Operating Budget within the
General Fund for After School Programs at Dr.
Martin Luther King, Jr. Community Center.
jj. Appropriate $75,255 State Grant Revenue for
the Waste Tire Enforcement Grant Program to
the Development Services Operating Budget in
the General Fund.
kk. Appropriate $10,847,200 California Department
of Housing and Community Development Infill
Infrastructure Grant Program funds to the
Economic Development Capital Improvement
Budget within the Prop 1 C (IIG) - Mill Creek
Fund for the Southeast Bakersfield and Old
Town Kern - Pioneer Redevelopment Project
Areas.
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Bakersfield, California, July 21, 2010 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
Il. Department of Housing & Urban Development
(HUD), Community Development Block Grant
Action Plan Amendment No. 1 (FY 10 /11).
Transfer $223,684 CDBG Grant Fund
Operating Budget for the Clearance
and Demolition Program and to the
Non - Departmental Debt Service Budget
for the Section 108 Loan Repayment.
City Clerk Gafford announced there are corrections to
items 8.u. and 8.11. to include budget transfers.
Councilmember Couch announced he would abstain
due to conflict of interest, potential source of income
to himself and his employer, on item 8.b. and 8.r.
Motion by Vice -Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8. 11. AB HANSON
9. CONSENT CALENDAR PUBLIC HEARINGS
None.
10. HEARINGS
a. Public Hearing to consider Resolution ordering
the vacation of the 40" pedestrian easement
located at the south end of Morocco Court, as
dedicated on the Final Map for Tract 4624.
Staff recommends adoption of resolution,
City Clerk Gafford announced correspondence was
received from Scott Rosenlieb revoking his opposition
to the vacation.
Public Works Director Rojas made staff comments.
Hearing opened at 6:05 p.m.
Marvin Dean and Virginia Martinez spoke in support of
the staff recommendation.
Hearing closed at 6:07 p.m.
Motion by Councilmember Weir to adopt the APPROVED
AB HANSON
Resolution.
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Bakersfield, California, July 21, 2010 - Page 10
11. REPORTS ACTION TAKEN
12. DEFERRED BUSINESS
13. NEW BUSINESS
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham asked staff to check on a
vacant lot on the northwest corner of 34th Street and
Jewett where yard sales are being conducted to
determined if it is against the law and, if so, it needs to
be cleaned up.
Councilmember Sullivan commended the
improvements on Stockdale Highway near New Stine.
Councilmember Sullivan asked staff to check on the
watering schedule at Patriots Park, which is currently
taking place during the afternoon and may not be the
proper time of day, and also check on the condition
of the tall trees on the southeast side that are not
being watered at all.
Councilmember Sullivan referred to Legislative and
Litigation Committee the issue of barking dogs and
review the options available to deal with this problem.
Councilmember Sullivan asked staff to talk to CalTrans
about watering the landscaping which is dying on
both sides of the freeway between Ming and California
avenues.
Councilmember Sullivan expressed her concerns
about the litter on the freeways and encouraged
people to cover their loads when going to the landfill
and not throw litter out of their cars.
Councilmember Carson asked staff to provide
information to a constituent on Western Drive
regarding the PG &E franchise surcharge.
Councilmember Carson asked staff to provide thank
you letters for those who made donations for the
Martin Luther King Center.
Bakersfield, California, July 21, 2010 - Page 11
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Carson mentioned that the opening
for Mill Creek on California Avenue was well attended
and it would be a good idea to have a job fair for
people who live in the area.
Councilmember Carson asked staff to provide how
many local minority contractors were utilized for the
Section 3 project on Union Avenue.
Councilmember Carson asked staff to provide a
progress report on the Friendship House.
In response to a question by Councilmember Carson,
Mayor Hall advised he sends letters of appreciation for
donations sent through the Bakersfield Foundation
whenever he is informed by staff.
Councilmember Couch asked that the meeting be
adjourned in memory of Planning Commissioner Tom
McGinnis, who passed away earlier in the week.
15. CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation: Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9 for Mohamad Harb, et al. v. City -
KCSC Case No. S- 1500 -CV- 265887 -SPC.
Motion by Vice -Mayor Scrivner to adjourn to Closed
Session at 6 :19 p.m.
Motion by Councilmember Weir to adjourn from
Closed Session at 7.42 p.m.
RECONVENED MEETING AT 7:44 p.m.
16. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing
Litigation: Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9 for Mohamad Harb, et al. v. City -
KCSC Case No. S- 1500 -CV- 265887 -SPC.
ACTION TAKEN
APPROVED
AB HANSON
APPROVED
AB HANSON
NO REPORTABLE
ACTION
1021
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Bakersfield, California, July 21, 2010 - Page 12
17. ADJOURNMENT ACTION TAKEN
Vice -Mayor Scrivner adjourned the meeting in
memory of Tom McGinnis at 6:46 p.m.
ATTEST:
--9L
A2� �/ / I -/
CITY CLERK and Ex i io Clerk of
the Council of the Ci o Bakersfield