HomeMy WebLinkAbout10/13/10 CC MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 13, 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, Hanson, Sullivan
Absent: None.
2. INVOCATION by Pastor Brent Van Elswyk, Riverlakes
Community Church.
3. PLEDGE OF ALLEGIANCE by Jordyn Lynn Reyes, 2nd
grade student at Suburu Elementary School,
Mayor Hall acknowledged the political science classes from
CSUB and Bakersfield College, and the Ridgeview High
School government class in attendance at the meeting to
learn about City government.
4. WORKSHOPS
None.
5. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to
the Gamez family declaring October 13, 2010,
Mexicali Restaurant Day.
Members of the Gamez family received the
Proclamation and made comments.
b. Presentation by Mayor Hall of Proclamation to
Jim Darling, on behalf of Bakersfield's Rotary
Clubs, declaring October 23, 2010, Polio
Eradication Day.
Mr. Darling received the Proclamation and
made comments.
ACTION TAKEN
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Bakersfield, California, October 13, 2010 - Page 2
5. PRESENTATIONS continued ACTION TAKEN
C. Presentation by citizen Bennett Rosenberg of
Certificate of Appreciation to Police Officers
Cooper and Schlecht.
Police Officer Cooper accepted the
Certificate.
6. PUBLIC STATEMENTS
a. Dennis Fox spoke in opposition to Proposition 21
and submitted written material.
b. Robert Melton, Bakersfield Firefighters Local 246,
spoke in support of Pink Ribbon Month.
C. Stephanie Campbell, President of the Martin
Luther King Committee, spoke regarding
reserving the Martin Luther King Community
Center annually for the MLK Day celebration
events, asked the City Council to adopt a
Resolution, and submitted written material.
Councilmember Carson referred this issue to
the Community Services Committee.
d. Lisa Grod, Administrator for the William J. "Pete"
Knight Veterans Home in Lancaster, spoke
regarding the Home and submitted written
material.
7. APPOINTMENTS
None,
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 22, 2010
Regular City Council Meeting.
Payments:
b. Approval of department payments from
September 10, 2010 to October 1, 2010 in
the amount of $16,300,791.66 and self -
insurance payments from September 10, 2010
to October 1, 2010 in the amount of
$381,312.86.
ABS WEIR, COUCH
Bakersfield, California, October 13, 2010 - Page 3
8. CONSENT CALENDAR continued
Ordinances:
None.
Resolutions:
C. Resolution determining that Bridgeport
Manufacturing parts for Bridgeport Ranger
automated side loader bodies, cannot be
reasonably obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding therefore and
purchase parts from Refuse Power Systems, not
to exceed $607,000.
d. Resolution determining that the Chief of Police
is appointed as agent authorized to execute
Memorandums of Understanding with the Kern
allied agencies participating in the Kern AVOID
18 Project funded by a grant from the California
Office of Traffic Safety.
e. Resolution forming a Traffic Signal Maintenance
District, designated at TS -21 (Stockdale, Allen SE
& NE) and preliminarily adopting, confirming
and approving the Public Works Director's
Report and authorizing collection of
assessments by the Kern County Tax Collector.
f. Resolution to add territory, Area 2 -45 (12225 &
12775 Stockdale Highway) to the Consolidated
Maintenance District and preliminarily
approving, confirming and adopting the Public
Works Director's Report and authorizing
collection of assessments by the Kern County
Tax Collector.
g. Resolution of Intention No. 1676 to add territory,
Area 4 -98 (2116 P Street & 900 22nd Street) to the
Consolidated Maintenance District and
preliminarily approving, confirming and
adopting the Public Works Director's Report.
Agreements:
h. Agreement with Kern County Water Agency
($304,880) to realign the Cross Valley Canal in
preparation for the construction of Westside
Parkway Phase II. (TRIP)
ACTION TAKEN
RES 116 -10
RES 117 -10
RES 118 -10
RES 119 -10
ROl 1676
AGR 10 -147
10 C,
j $ Bakersfield, California, October 13, 2010 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
Sponsorship of Movies in the Park series at City
parks:
1. Agreement with San Joaquin
Community Hospital Foundation ($7,000)
to present Movies in the Park series.
2. Appropriate $7,000 contribution from the
San Joaquin Community Hospital
Foundation made through the
Bakersfield Foundation to the Recreation
and Parks Department Operating
Budget within the General Fund for the
Movies in the Park series.
j. 2011 Healthcare Agreements:
1. Amendment No. 1 to Agreement
No. 09 -133 with Met Life Insurance Co. for
preferred provider dental insurance for
eligible employees.
2. Amendment No. 6 to Agreement
No. 05 -422 with PacifiCare Behavioral
Health of California for emotional health
care insurance for eligible employees.
k. Department of Water Resources Locally Owned
Levee Evaluation Program:
1. Amendment No. 1 to Agreement
No. 08 -056 with Meyer Civil Engineering,
Inc. ($227,750; revised not to exceed
$527,750) to complete a field
investigation and engineering study of
City operated and maintained levees.
2. Appropriate $227,750 State Grant
Revenue (Proposition 84) to the Water
Resources Capital Improvement Budget
within the Agriculture Water Fund to
fund the amendment.
Amendment No. 1 to Agreement No. 09 -062
with Golden Empire Affordable Housing, Inc. II
to assign the agreement and all interest to
Haven Cottages, LLC for the 24 unit supportive
housing project located at the northeast corner
of S. Union Avenue and E. White Lane.
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 09- 133(1)
AGR 05- 422(6)
AGR 08- 056(1)
AGR 09- 062(1)
Bakersfield, California, October 13, 2010 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
M. Amendment No. 2 to Agreement No. 07 -172 AGR 07- 172(2)
with Mead & Hunt, Inc. ($42,918; revised not to
exceed $309,117) for construction services of
the Southwest Hangar Development airport
taxilane and apron expansion project.
n. Amendment No. 1 to Agreement No. 10 -084
AGR 10- 084(1)
with Kenneth D. Schmidt and Associates
(extend term to December 31, 2012 and no
change to compensation) to provide general
groundwater consulting at Wastewater
Treatment Plant Nos. 2 and 3.
o. Contract Change Order No. 3 to Agreement AGR 09 -072
No. 09 -072 with AC Electric Co. ($12,830; revised CCO3
not to exceed $138,912.83) for the Traff ic Signal
and Lighting System Modification at Columbus
Street and Mt. Vernon Avenue Project.
P. Contract Change Order No. 1 to Agreement AGR 10 -014
No. 10 -014 with KLM Construction ($12,389.40; CCO1
revised not to exceed $80,334.40) for the Pier
Cap Strengthening Beale Avenue Overcrossing
Project.
q. Contract Change Order Nos. 93 and 94 to AGR 07 -304
Agreement No. 07 -304 with Security Paving CCO93, CCO94
Construction ($27,706.46; revised not to exceed
$32,918,653.32) for the State Route 178 and
Fairfax Road Interchange Project. (TRIP)
Bids:
Kern River Upland and River Edge Restoration
Project:
1. Accept bid and approve contract with AGR 10 -149
Elite Landscaping, Inc. ($1,664,943) for
project.
2. Appropriate $314,000 Park Improvement
Fund balance (Zone 2 Development
Fees) to the Recreation and Parks
Department Capital Improvement
Budget within the Park Improvement
Fund.
�C69
1070 Bakersfield, California, October 13, 2010 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.r, continued
3. Amendment No. 3 to Agreement
No. PW10 -024 with Quad Knopf, Inc.
($18,550; revised not to exceed $49,850)
for additional environmental services
and site monitoring during construction.
S. Accept bid and approve annual contract with
Jim Alffer Cement Contractor (not to exceed
$190,577.50) for canal liner repair.
t. Accept bid and approve contract with Security
Paving Co. ($2,104,870.50) for Street
Improvements: McCutchen Road from Gosford
Road to Ashe Road and Waterline Extension to
Wastewater Treatment Plant 3 Project.
U. Accept bid and approve contract to Griffith
Co. ($2,800,112) for Street Improvements:
Gosford Road from Taff Highway to McCutchen
Road Project.
Miscellaneous:
V. Appropriate $1,813,325 North of the River (NOR)
Park Development Fees to the Recreation and
Parks Department Capital Improvement Budget
within the Park Improvement Fund for the Polo
Community Park Project.
W. Proposed modifications to projects funded with
Proposition 1 B, State Transportation Revenue
Funds:
Transfer $100,778 from savings realized
on Street Improvements, Stockdale
Highway from Country Club Entrance to
Ashe Road and from California Avenue
to Weatherly Drive Project to fund Traffic
Signal Modification on Stockdale
Highway at Montclair Street within the
Gas Tax Fund.
AGR 10 -150
AGR 10 -151
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 10 -153
Bakersfield, California, October 13, 2010 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.w. continued
2. Transfer $225,000 from savings realized
on Street Improvements, Stockdale
Highway from Country Club Entrance to
Ashe Road and from California Avenue
to Weatherly Drive Project to fund
Pavement Rehabilitation on Stine Road
from Panama Lane to Pacheco Road
within the Gas Tax Fund.
3. Appropriate $100,000 Gas Tax Fund
balance to the Public Works Department
Capital Improvement Budget to fund the
balance of estimated costs for the
Pavement Rehabilitation on Stine Road
from Panama Lane to Pacheco Road
Project.
4. Transfer $133,817 from a budgeted
Public Works Capital Improvement
Project (Street Improvement - White
Lane from Dovewood to Wible Road) to
Stockdale Highway project within the
Gas Tax Fund.
Councilmember Weir announced he would abstain
due to conflict of interest, source of income to himself,
on item 8.b.
Councilmember Couch announced he would abstain
due to conflict of interest, potential source of income
to himself and his employer, on item 8.b.
Vice -Mayor Scrivner requested that item 81 be
removed for separate consideration.
Councilmember Weir requested that item 8.t. be
removed for separate consideration.
Motion by Vice -Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8.w., with the removal of
items 81 and 81 for separate consideration.
Bakersfield, California, October 13, 2010 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
Sponsorship of Movies in the Park series at City
parks:
1. Agreement with San Joaquin
Community Hospital Foundation ($7,000)
to present Movies in the Park series.
2. Appropriate $7,000 contribution from the
San Joaquin Community Hospital
Foundation made through the
Bakersfield Foundation to the Recreation
and Parks Department Operating
Budget within the General Fund for the
Movies in the Park series.
Vice- Mayor Scrivner recognized Kevin Burton,
representative of the San Joaquin Community
Hospital Foundation, who made comments
regarding this item.
Motion by Vice -Mayor Scrivner to adopt
Consent Calendar item 81
Accept bid and approve contract with Security
Paving Co. ($2,104,870.50) for Street
Improvements: McCutchen Road from Gosford
Road to Ashe Road and Waterline Extension to
Wastewater Treatment Plant 3 Project.
At the request of Councilmember Weir, Public
Works Director Rojas made comments
regarding this item.
Motion by Councilmember Weir to adopt
Consent Calendar item 81
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider Resolution ordering
the vacation of the Waiver of Direct Access
along Parcel 1 of Parcel Map No. 10898 at 3707
Coffee Road. (Staff recommends adoption of
resolution.)
b. Public Hearing to consider Resolution ordering
the Summary Vacation of a portion of the
flowage and drainage easement located at
the southwest corner of Polo Community Park
on Old Farm Road. (Staff recommends adoption
of resolution.)
AGR 10 -148
APPROVED
AGR 10 -152
APPROVED
RES 120 -10
RES 121 -10
N
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Bakersfield, California, October 13, 2010 - Page 9
CONSENT CALENDAR PUBLIC HEARINGS continued
C. General Plan Amendment No. 10 -0334; The
Public Works Department proposes a text
amendment to the Circulation Element of the
Metropolitan Bakersfield General Plan relating
to Freeways. (Staff recommends adoption of
resolution.)
Resolution approving the Notice of
Exemption, adopting the general plan
amendment changing the text of the
Circulation Element of the Metropolitan
Bakersfield General Plan relating to
Freeways.
d. Public Hearing to consider Resolution setting
domestic water availability fee for Ashe,
Fairhaven and Riverlakes Ranch service areas
of City Water System. (Staff recommends
adoption of resolution.)
Consent Calendar Public Hearings opened at 5:49
p.m.
Councilmember Couch requested that item 9.c. be
removed for separate consideration.
Consent Calendar Public Hearings closed at 5:50 p.m.
Motion by Vice -Mayor Scrivner to adopt Consent
Calendar Public Hearing items 9.a. through 9.d., with
the removal for separate consideration of item 9.c.
C. General Plan Amendment No. 10 -0334; The
Public Works Department proposes a text
amendment to the Circulation Element of the
Metropolitan Bakersfield General Plan relating
to Freeways. (Staff recommends adoption of
resolution.)
1. Resolution approving the Notice of
Exemption, adopting the general plan
amendment changing the text of the
Circulation Element of the Metropolitan
Bakersfield General Plan relating to
Freeways.
Consent Calendar Public Hearing item 9.c. opened at
5:50 p.m.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
RES 123 -10
RES 122 -10
r 73
Q
10.
11.
12.
13.
14.
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Bakersfield, California, October 13, 2010 — Page 10
CONSENT CALENDAR PUBLIC HEARINGS continued
Item 9.c. continued
Councilmember Couch announced he would abstain
from this item.
Consent Calendar Public Hearing item 9.c. closed at
5:50 p.m.
Motion by Vice -Mayor Scrivner to adopted Consent
Calendar Public Hearing item. 9.c.
HEARINGS
None,
REPORTS
None.
DEFERRED BUSINESS
None.
NEW BUSINESS
None.
COUNCIL AND MAYOR STATEMENTS
Councilmember Weir asked staff to arrange for the
actuary to make a presentation to the full Council,
after the new Council Members are seated, regarding
changing the subsidy for health care benefits from a
percentage subsidy to a flat dollar amount; and that
this matter be placed as an action item on that
agenda to approach the various labor groups, and try
to come to some accommodation for the
recommendations that will be presented at that
Council meeting.
Councilmember Sullivan explained, for the benefit of
the students in the audience, that applause is allowed
during Presentations when someone is being
recognized, but not during Public Statements.
Councilmember Sullivan announced she had the
pleasure of attending the Bakersfield Business
Conference on Saturday.
ACTION TAKEN
APPROVED
ABS COUCH
1!
Bakersfield, California, October 13, 2010 - Page 11
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
In response to a question from Councilmember
Hanson, City Manager Tandy provided an update
regarding the burrowing owl issue at Greystone Park,
and stated if the matter is not resolved soon, that the
residents in the neighborhood will be informed.
Mayor Hall expressed his appreciation to staff for
posting the dates of the Mayor's Freeway Cleanup on
the City's television broadcast site; and commended
the Police Department for the increased enforcement
at the landfill.
Mayor Hall thanked the staff from Recreation and
Parks, Economic and Community Development, TRIP,
the Convention and Visitors Bureau and the Greater
Bakersfield Chamber of Commerce for their
involvement in the Mayor's tent at the Bakersfield
Business Conference on Saturday.
15. CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9 for the following:
1. State Water Resources Control Board -
Reference No. KMG:A31674
2. North Kern Water Storage District, et al v.
State Water Resources Control Board;
City - K.C.S.C. Case No. S- 1500 -CV-
270613 -KCT
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
Government Code Section 54956.9(b)(1)(3)(A).
(One matter)
Motion by Vice -Mayor Scrivner to adjourn to Closed APPROVED
Session at 6:00 p.m.
Motion by Councilmember Benham to adjourn from APPROVED
Closed Session at 6:15 p.m.
RECONVENED MEETING AT 6:18 p.m.
0075
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Bakersfield, California, October 13, 2010 - Page 12
16. CLOSED SESSION ACTION
a, Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9 for the following:
1. State Water Resources Control Board -
Reference No. KMG:A31674
2. North Kern Water Storage District, et al v.
State Water Resources Control Board;
City - K.C.S,C. Case No. S- 1500 -CV-
270613 -KCT
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
Government Code Section 54956.9(b)(1)(3)(A).
(One matter)
17. ADJOURNMENT
Mayor Hall adjot
ATTEST:
ACTION TAKEN
CITY ATTORNEY
GIVEN DIRECTION
CITY ATTORNEY
GIVEN DIRECTION
MAYOR of the City of Bakersfield, CA
CITY CLERK and Ex icio Clerk of
the Council of the ity of Bakersfield