HomeMy WebLinkAbout12/15/10 CC MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF DECEMBER 15, 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, Hanson, Sullivan
Absent: None.
2. INSTALLATION CEREMONY
Invocation by Pastor David Frose, Heritage Bible
Church.
Presentation of Colors by South High School
Marine Corps Junior R.O.T.C.
Pledge of Allegiance by Garrett Campbell,
Veteran's Elementary School.
a. Certification of Election Results:
Resolution No. 136 -10 declaring the RES 136 -10
results of the General Municipal Election
for election of Councilmember for Wards
1, 3, 4 & 7 held in the City of Bakersfield
on November 2, 2010.
2. Resolution declaring the results of the RES 137 -10
General Municipal Election for
submission of a Measure relating to
Pension Benefits, Measure D, held in the
City of Bakersfield on November 2, 2010.
3. Adoption of Ordinance adding Chapter ORD 4638
2.85 to the Municipal Code relating to
pension benefits.
Motion by Vice -Mayor Scrivner to adopt the APPROVED
Resolutions and Ordinance.
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Bakersfield, California, December 15, 2010 - Page 2
2. INSTALLATION CEREMONY continued ACTION TAKEN
Presentation by Mayor Hall of Recognition
plaques to Councilmember Carson and Vice -
Mayor Scrivner.
Councilmember Carson and Vice -Mayor
Scrivner accepted the plaques and made
comments.
Councilmembers Weir, Couch, Benham,
Hanson and Sullivan made comments.
b. Administration of Oath of Office.
City Clerk Gafford administered the Oath of
Office to Rudy Salas, Jr., Ken Weir, David Couch
and Russell Johnson.
Statements were made by Councilmembers
Salas and Johnson.
Benediction by Pastor Dave Frose, Heritage
Bible Church.
Mayor Hall invited everyone to enjoy
refreshments in the lobby.
3. CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for
Erica Morataya v. City - KCSC Case
No. S- 1500 -CV- 267729 WDP.
Motion by Councilmember Hanson to adjourn to APPROVED
Closed Session at 5:57 p.m.
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 6:53 p.m.
RECONVENED MEETING AT 7:00 p.m.
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Bakersfield, California, December 15, 2010 - Page 3
ROLL CALL
Present: Mayor Hall, Councilmembers Salas,
Benham, Weir, Couch, Hanson, Sullivan,
Johnson
Absent: None.
CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for
Erica Morataya v. City - KCSC Case
No. S- 1500 -CV- 267729 WDP.
PRESENTATIONS
Presentation by Mayor Hall of retirement plaque to
Ernest Arriola, Streets Supervisor, for 32 years of service.
Mr. Arriola received the plaque and made comments.
Presentation by Mayor Hall of retirement plaque to Luis
Peralez, Streets Superintendent, for 42,25 years of
service.
Mr. Peralez received the plaque and made
comments.
PUBLIC STATEMENTS
Marvin Dean spoke regarding first ward issues.
Mike Pilatti, West Kern County District Commissioner for
Central California Amateur Softball Association,
announced the AASA National office in Oklahoma
City has awarded the City of Bakersfield with the 2012
Men's Western National E Division to be held at the
new Mesa Marin complex. He also presented a
plaque to Recreation and Parks for having the highest
number of team registrations, in 2010, out of the 10
counties in the Central California District.
APPOINTMENTS
a. One appointment to the Fire Civil Service
Board, due to the expiration of term of
Thomas Edmonds, whose term expires
December 31, 2010.
ACTION TAKEN
CITY ATTORNEY
GIVEN DIRECTION
1.101
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Bakersfield, California, December 15, 2010 - Page 4
APPOINTMENTS continued ACTION TAKEN
Item 8.a. continued
City Clerk Gafford announced there are two
applicants: incumbent Thomas Edmonds and
Ray Chopra; therefore, ballots will be used.
Ward 1
Edmonds
Ward 2
Edmonds
Ward 3
Edmonds
Ward 4
Edmonds
Ward 5
Edmonds
Ward 6
Edmonds
Ward 7
Edmonds
Motion by Councilmember Hanson to reappoint APPROVED
Thomas Edmonds to a 3 -year term on the Fire Civil
Service Board.
b. Two appointments to the Miscellaneous Civil
Service Board due to the expiration of terms of
Gonzalo E. Ramirez and Percy A. Robinson,
whose terms expire December 31, 2010.
City Clerk Gafford announced that
applications were received from the
incumbents only; therefore, ballots will not be
necessary.
Motion by Councilmember Hanson to reappoint APPROVED
Gonzalo Ramirez and Percy Robinson to 3 -year terms
on the Miscellaneous Civil Service Board.
C. One appointment to the Police Civil Service
Board due to the expiration of term of William R.
Perry, whose term expires December 31, 2010.
City Clerk Gafford announced there are three
applicants: incumbent William R. Perry, Ray
Chopra and Nicholas Hernandez, therefore,
ballots will be used.
Ward 1
Perry
Ward 2
Perry
Ward 3
Perry
Ward 4
Perry
Ward 5
Perry
Ward 6
Perry
Ward 7
Perry
Bakersfield, California, December 15, 2010 - Page 5
8. APPOINTMENTS continued
Item 8,c. continued
Motion by Councilmember Hanson to reappoint
William A Perry to a 3 -year term on the Police Civil
Service Board.
d. One appointment to the Golden Empire Transit
District Board due to the expiration of term of
Norris Ledbetter, whose term expires January 6,
2011.
City Clerk Gafford announced that one
application has been received from incumbent
Norris Ledbetter, therefore, ballots will not be
necessary.
Motion by Councilmember Hanson to reappoint Norris
Ledbetter to a 4 -year term on the Golden Empire
Transit District Board.
9. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 17, 2010,
Regular Council Meeting and the December 3,
2010 Special Council Meeting.
Payments:
b. Approval of department payments from
November 5, 2010 to December 2, 2010 in
the amount of $19,015,660.97 and self -
insurance payments from November 5, 2010
to December 2, 2010 in the amount of
$344,043.63,
Ordinances:
C. Adoption of Ordinance approving a zone
change from P.C.D. (Planned Commercial
Development) to C- 2 /P.C.D. (Regional
Commercial /Planned Commercial
Development) on approximately 5.14 acres
located at 5001 Ming Avenue. (ZC No. 10 -0395)
(G.C. Corporation) (FR 11/17/10)
ACTION TAKEN
APPROVED
APPROVED
ABS WEIR, COUCH,
JOHNSON
ORD 4639
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Resolutions: ACTION TAKEN
d. Resolution adopting the Investment Policy for RES 138 -10
the City.
RES 139 -10
e. Resolution approving request to file extension of
time with the State of California, Department of
Transportation, for the Transportation Equity Act
for the 21 st Century (TEA -21) funds for the
Centennial Corridor Project. (TRIP)
Resolution determining that a DUI checkpoint
vehicle for the Police Department cannot be
reasonably obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding thereof not to
exceed the budgeted amount of $52,000.
g. Resolution of Intention No. 1683 to add territory,
Area 5 -61 (4505 Hughes Lane) to the
Consolidated Maintenance District and
preliminarily approving, confirming, and
adopting the Public Works Director's Report.
Agreements:
h. Final Tract Map and Improvement Agreements
for Mira Lago, L.P. for Tract 6167 Phase 1
located east of Old River Road and north of
Harris Road.
Agreement with Acclamation Insurance
Management Services ($353,165 - 1 St year;
$365,526 - 2nd year; $378,319 - optional 3rd year)
for workers' compensation claims
management services.
j. Transportation Impact Fee Agreement with
Buena Vista Land Co. (not to exceed $405,051)
for improvements constructed on Panama
Lane and Buena Vista Road.
Agreement with Muxlow Construction ($50,000
CDBG funds) to provide handicap accessibility
improvement services to qualified low- income
residents in privately owned structures.
Appropriate $50,000 Community
Development Block Grant (CDBG) Fund
balance to the Operating Budget for the
Home Access Grant Project within the
CDBG Fund.
RES 140 -10
ROI 1683
AGR 10 -178
AGR 10 -169
AGR 10 -170
AGR 10 -171
AGR 10 -172
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Bakersfield, California, December 15, 2010 - Page 7
CONSENT CALENDAR continued
Memorandum of Understanding with
Integrated Law & Justice Agency for Orange
County (ILJAOC) regarding the connectivity of
COPLINK between Bakersfield Police
Department (KC Re -Dex) and Orange County.
M. Agreement with Bolthouse Properties, LLC
($50,000) to purchase real property within
Parcel Map 11593 located west of Windermere
Drive and south of White Lane for a domestic
water well site.
n. Agreement with Jeff Wanamaker; James L.
Leonhard & Robin C. Leonhard; Masonic
Homes of California; John R. Mathie; Marshall
Plan, Ltd.; Edwin Leroy Tolles; Mary Anne Garner
Frisone; James E. Munson & Cherron G. Munson;
Gayle Garner Roski; Patricia Burns Gebhardt;
Charles B. Randall; Judy Shultis Steffens; Clarita
J. Schultis; James A. Shultis; Kerminette S.
Bonney; Annetta S. Lee; Annetta Lee;
Kerminette S. Bonney & George W. Bonney, II;
Tucker Garner; Janette R. Garner; Charles W.
Bozarth; Anne Lane Bozarth; Toni Bloemer;
Optomists Boys Home & Ranch; Ralph B. Tippet,
Cornelia M. Bell; Laurie Link Wallace; and
Robert James Rudolph ($2,217,440) to purchase
real property located on the east side of
Mohawk Street south of Rosedale Highway for
the Westside Parkway. (TRIP)
o. Amendment No. 4 to Agreement No. 06 -208
with Dokken Engineering ($280,000; revised not
to exceed $7,367,674) for engineering design
services for Phases 1 & 4 of the Westside
Parkway Project. (TRIP)
P. Amendment No. 1 to Agreement No. 07 -339
with AECOM Technical Services, Inc., formerly
Lim and Nascimento Engineering Corp.,
(reduction of $546,832.43; revised not to
exceed $2,081,745.78) for engineering and
environmental services for the Hageman
Flyover Project. (TRIP)
ACTION TAKEN
AGR 10 -173
AGR 10 -174
DEED 7416
AGR 10 -175
DEED 7417
AGR 06- 208(4)
AGR 07- 339(1)
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9. CONSENT CALENDAR continued ACTION TAKEN
q. Amendment No. 1 to Agreement No. 07 -338
with PB Americas, Inc. ($472,615; revised not to
exceed $2,945,529) for engineering and
environmental services for the SR -178 Widening
Project. (TRIP)
Amendment No. 2 to Agreement No. 09 -137
with the Housing Authority of the County of Kern
($63,904; revised not to exceed $4,878,904) for
the purchase and rehabilitation of a foreclosed
99 unit independent living facility at 2221 S. Real
Road.
S. Amendment No. 1 to Agreement No. 10 -075
with GC Environmental, Inc. ($500,000; revised
not to exceed $1,00,000) for landfill gas system
services for the Bakersfield Sanitary Landfill
Closure Project due to new state regulations.
Amendment No. 1 to Agreement No. 09 -162
with Bakersfield Homeless Center ($159,744 and
extend term for one year) for sorting of green
waste material at the Mt. Vernon Green Waste
Facility.
U. Amendment No. 4 to Agreement No. 02 -061
with CC Plaza, LLC (extend lease for additional
three years with two one year options to
extend) for office space at 900 Truxtun Avenue.
V. Contract Change Order No. 3 to Agreement
No. 09 -113 with Kern Pacific Construction
($10,146.33; revised not to exceed
$3,239,874.92) for the Mesa Marin Sports
Complex Project.
W. Contract Change Order No. 1 to Agreement
No. 10 -015 with Sandoval Construction and
Excavation ($34,260.15; revised not to exceed
$177,426.39) for the Sewer and Water
Improvements: Southwest Hanger Area Project
at the Bakersfield Municipal Airport.
Bids:
X. Reject all bids for the annual contract for the
supply of dewatering polymers.
AGR 07- 338(1)
AGR 09- 137(2)
AGR 10- 075(1)
AGR 09- 162(1)
AGR 02- 061(4)
AGR 09 -113
CCO3
AGR 10 -015
CCOi
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Bakersfield, California, December 15, 2010 - Page 9
9. CONSENT CALENDAR continued ACTION TAKEN
Y. Accept bid and approve annual contract with AGR 10 -176
Polydyne, Inc. ($50,173.88) for the supply of DAF
polymers for Wastewater Treatment Plant No. 3.
Z. Accept bid and approve annual contract with AGR 10 -177
Stay Green, Inc. ($100,000) for tree trimming.
aa. Accept bid from Piranha Pipe and Precast
($64,742.16) for reinforced concrete storm drain
pipe for installation by City staff at Mesa Marin
Sports Complex.
Miscellaneous:
bb. Audit Reports for FY ended June 30, 2010 (refer
to Budget & Finance Committee):
1. Comprehensive Annual Financial Report
(CAFR).
2. Agreed Upon Conditions Report.
3. Single Audit Report - Schedule of
Federal Expenditures for the City.
4. Independent Auditors Report -
Compliance with Contractual
Requirements relative to the Bakersfield
Subregional Wastewater Management
Plan.
5. Independent Auditors Report on
Appropriations Limit Worksheet (GANN
Limit) for the City.
6. Independent Auditors Report -
Rabobank Arena, Theater, Convention
Center, Bakersfield Ice Sports Center &
Bright House Networks Amphitheatre.
CC. Fiscal Year 2009 -2010 Annual Compliance
Report for planned drainage area fees
prepared in accordance with Government
Code §66006.
dd. Fiscal Year 2009 -2010 Annual Compliance
Report for planned sewer area fees prepared in
accordance with Government Code §66006.
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Bakersfield, California, December 15, 2010 - Page 10
9. CONSENT CALENDAR continued ACTION TAKEN
ee. Fiscal Year 2009 -2010 Annual Compliance
Report for bridge crossings and major
thoroughfare fees prepared in accordance
with Government Code §66006.
ff. Fiscal Year 2009 -2010 Annual Compliance
Report for park impact fees prepared in
accordance with Government Code §66006.
gg. Fiscal Year 2009 -2010 Annual Compliance
Report for transportation impact fees prepared
in accordance with Government Code §66006.
hh. Department of Housing & Urban Development
(HUD), Community Development Block Grant
(CDBG) Action Plan Amendment No. 3
(FY 10 /11) and Amendment No. 13 (FY 08/09).
ii. Transfer $171,115 Community Development
Block Grant (CDBG) Contingency Funds within
the CDBG Fund Operating Budget for the South
Mill Creek Park and Parking Project.
jj, Appropriate $13,520 Federal Grant Revenues
(FY 10 /11 Next Generation - Click It or Ticket
Mini -Grant Award from the State Office of
Traffic Safety) to the General Fund Police
Operating Budget, to fund overtime for seatbelt
enforcement mobilizations in the Traffic Division.
kk. Appropriate $57,462 Federal Grant Revenues
(FY 10 /11 Sobriety Checkpoint Mini -Grant
Award from the State Office of Traffic Safety) to
the General Fund Police Operating Budget, to
fund overtime for DUI checkpoints in the Traffic
Division.
City Clerk Gafford announced that correspondence
was received from Ashland Hercules Water
Technologies protesting the approval of item 9.x.
Councilmember Couch announced he would abstain
due to conflict of interest, potential source of income
to himself and his employer, on item 9.b.
Councilmember Johnson announced he would
abstain due to conflict of interest, reimbursement for
park permit fee, on item 9.11b.
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Bakersfield, California, December 15, 2010 - Page 11
9. CONSENT CALENDAR continued
ACTION TAKEN
Councilmember Weir announced he would abstain
due to conflict of interest, source of income to himself,
on item 9.b.
Motion by Councilmember Hanson to adopt Consent APPROVED
Calendar items 9.a. through 9.kk.
10. CONSENT CALENDAR PUBLIC HEARINGS
None.
11. HEARINGS
a. Public Hearing to consider Resolution ordering RES 141 -10
the vacation of Hopper Court between Union
Avenue Loop West to the north right -of -way of
the Southern Pacific Railroad tracks, adjacent
to 2501 Union Avenue Loop West.
Public Works Director Rojas made staff comments.
Hearing opened at 7:25 p.m.
No one spoke.
Hearing closed at 7:25 p.m.
Motion by Councilmember Benham to adopt the APPROVED
Resolution.
12. REPORTS
a. Status of Thomas Roads Improvement Program
(TRIP).
Public Works Director Rojas made staff comments and
gave a PowerPoint presentation.
Councilmember Couch asked staff to engage our new
legislators to help work out the issues with Caltrans
regarding the bike lane on the 241 Street
improvements.
Councilmember Benham asked staff to locate some
statewide lobbying groups that represent bicyclists
and bicycle safety and engage them to help work out
the issues with Caltrans.
i Bakersfield, California, December 15, 2010 - Page 12
13. DEFERRED BUSINESS ACTION TAKEN
None,
14. NEW BUSINESS
a. Election of Vice - Mayor.
Motion by Councilmember Hanson to elect APPROVED
Councilmember Couch as Vice -Mayor of the City of
Bakersfield.
15. COUNCIL AND MAYOR STATEMENTS
Councilmember Weir expressed his gratitude and
appreciation to the voters of Ward 3, and to his family
and friends.
Councilmember Hanson congratulated the returning
Councilmembers and the two new colleagues.
Councilmember Hanson announced he met with a
group of 250 people from State Farm who may be
relocating to Bakersfield, and expressed the
importance of supporting business endeavors in our
City.
Councilmember Sullivan thanked Zack Scrivner and
Irma Carson for their years of service and welcomed
the two new Councilmembers.
Councilmember Sullivan expressed her concern about
the dying foliage on the freeways and would like to
know if the problem is just in our city or all the way to
Sacramento; and if it is something that can be fixed,
such as broken sprinklers, that they could be repaired.
Vice -Mayor Couch thanked Kern Economic
Development Corporation for putting together the
meeting with the State Farm employees, and inquired
about how the City might help support KEDC's efforts
in some way, even if it is not financial.
Mayor Hall congratulated David Couch for being
elected Vice - Mayor, and welcomed the two newest
members to the City Council and wished them well.
Bakersfield, California, December 15, 2010 - Page 13
15. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Mayor Hall announced he spoke at a national Keep
America Beautiful conference last week regarding
"how to engage public officials in beautifying your
city "; pointed out that a lot of emphasis was placed
on the need to beautify downtown areas of cities; and
that next year he will be speaking on volunteerism.
16. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:13 p.m.
ATTEST;
CITY CLERK and Ex Off' & Clerk of
the Council of the City of Bakersfield
Bakersfield, California, December 15, 2010 — Page 14
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