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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 1065 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 f 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. JL 10?' 4 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 10 ?6 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