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HomeMy WebLinkAbout10/17/12 CC MINUTESBAKERSFIELD CITY COUNCIL MINUTES MEETING OF OCTOBER 17, 2012 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 Couch, Councilmembers Salas, Benham, Weir, Hanson, Sullivan, Johnson Absent: None Mayor Hall announced that public statements regarding High Speed Rail and Prevailing Wage will be heard at the time the Agenda items are read by the City Clerk, a public speaker's card must be submitted to the City Clerk by all speakers; and the City Council's time limit policy for public statements will apply to both Agenda items. 2. INVOCATION by Pastor Hayward Cox, Church of God. 3. PLEDGE OF ALLEGIANCE by Joseph Klopfenstein, 3rd grade student at Bimat Elementary School. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Andie Apple and Kristie Coons, Co- Coordinators of One Book, One Bakersfield, One Kern, declaring September through November "One Book, One Bakersfield, One Kern, 2012 Months ". Ms. Apple and Ms. Coons accepted the Proclamation, made comments, and submitted written material. ACTION TAKEN 1520 1521 Bakersfield, California, October 17, 2012 - Page 2 5. PUBLIC STATEMENTS a. Marvin Dean spoke regarding Consent Calendar Item 8.e.; various Consent Calendar items relating to TRIP amendments and contract change orders involving Nolte Associates, Parsons Transportation Group, and Security Paving Company; and submitted written material. b. Matthew Lagrand spoke regarding running for the Ward 6 City Council seat. C. Tim Palmquist spoke regarding revisions to a proposed Human Life Ordinance and submitted written material. Councilmember Sullivan asked staff to look into Mr. Palmquist's request. At the request of Vice -Mayor Couch, Public Works Director Rojas provided clarification in response to Mr. Dean's comments regarding the various Consent Calendar items relating to the aforementioned TRIP amendments and contract change orders. ACTION TAKEN Motion by Councilmember Salas to hear New Business APPROVED Item 13.a. after Reports. 6. WORKSHOPS None. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 26, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from September 14, 2012 to October 4, 2012 in the amount of $17,480,366.52 and self- insurance payments from September 14, 2012 to October 4, 2012 in the amount of $400,109.40, totaling $17,880,475.92. Bakersfield, California, October 17, 2012 - Page 3 8. CONSENT CALENDAR continued Ordinances: C. Adoption of Ordinance amending Municipal Code Sections 1. 12.030 and 1. 12.040 by adding Annexation No. 635 consisting of 17.33 acres, located south of Olive Drive between Knudsen Drive and Landco Drive to Ward 3, and Annexation No. 637 consisting of 10.45 acres, located along the north side of Rosedale Highway and west of Calloway Drive, to Ward 4. Resolutions: d. Resolution adopting an amended Conflict of Interest Code for City Departments. e. Resolution approving Cultural Resource Designation and for placement on the Bakersfield Register of Historic Places for property located at Union Cemetery, King Street and Potomac Avenue - Pioneers Section. 2013 Health Care Contracts: 1. Resolution identifying vendors, healthcare plans and setting rates for Citywide Health Insurance Plans for eligible active and retired employees. g. Resolution approving the submission of an application to the California Department of Transportation for matching state funding for three specific improvement projects at the Bakersfield Municipal Airport under Airport Improvement Program Project No. 3 -06- 0323 -016 -2012 and authorizing the City Manager or his designee to execute all necessary documents. h. 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. ACTION TAKEN ORD 4690 RES 111 -12 RES 112 -12 RES 113 -12 RES 114 -12 RES 115 -12 1522 1523 8. Bakersfield, California, October 17, 2012 - Page 4 CONSENT CALENDAR continued Replacement of equipment at Wastewater Treatment Plant No. 2: Resolution determining that certain Fairfield bar rake and rollers at Wastewater Treatment Plant No. 2 cannot be obtained through the usual bidding procedures because of the need to integrate into existing Fairfield bar screen system and authorizing the Finance Director to dispense with bidding therefor, not to exceed $80,000 2. Appropriate $80,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 2) to the Public Works Department's Capital Improvement budget for replacement of bar rake and rollers. Sewer connection fee assessments for 4909 Corrine Street: 1. Resolution confirming assessments for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Boyce R. Clark, to pay sewer connection fee in installments and notice of special assessment lien. k. Sewer connection and construction fees assessments for 10 N. McDonald Way: 1. Resolution confirming assessments for sewer connection and construction fees and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Ambrosio and Josefina G. Castaneda, to pay sewer connection and construction fees in installments and notice of special assessment lien. Resolution forming a Traffic Signal Maintenance District designated as TS -22 (2615- 2700 Chester Avenue) and adopting, confirming and approving the Public Works Director's Report, ACTION TAKEN RES 116 -12 RES 117 -12 AGR 12 -127 RES 118 -12 AGR 12 -128 RES 119 -12 8. Bakersfield, California, October 17, 2012 - Page 5 CONSENT CALENDAR continued ACTION TAKEN M. Resolutions adding the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for and authorizing collection of assessments by the Kern County Tax Collector: 1. Area 3 -86 (E of SE corner of Panama RES 120 -12 Lane and Old River Road) RES 121 -12 2. Area 5 -64 (9001 So. H Street) n. Resolution of Intention adding the following territories to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: 1. ROI No. 1728 adding Area 2 -51 (7301 ROI 1728 District Blvd) 2. ROI No. 1729 adding Area 2 -52 (5551 ROl 1729 District Blvd) o. Resolution of Intention No. 1723 ordering the ROl 1723 vacation of alley and access easement located between 27th and 28th Streets, east of Chester Avenue and the access and public utility easements located on 27th Street between Chester Avenue and the alley to the east. Agreements: P. Agreement with Clifford and Brown for legal AGR 12 -129 services (not to exceed $75,000) in connection with the acquisition of easements required by the conditions of Tentative Parcel Map 11894. q. Agreement with SMG (not to exceed $60,000) AGR 12 -130 for reimbursement of costs associated with renting Rabobank Arena for the Christian Congregation of Jehovah's Witnesses 2013 conventions. Agreement with Housing Authority of Kern AGR 12 -131 County ($208,960) for the Baker Street ABS JOHNSON Commercial Incentive Program Community Development Block Grant Project. 1524 1525 8. Bakersfield, California, October 17, 2012 - Page 6 CONSENT CALENDAR continued S. Agreement with Saleh Hawatmeh ($225,500) to purchase real property at the northwest corner of Morning Drive and State Route 178 for the Morning Drive Interchange Project. (TRIP) t. Agreements with the following for on -call maintenance services at Wastewater Treatment Plants No. 2 and No. 3: 1. Centrisys Corporation (not to exceed $100,000) 2. Advanced Combustion and Process Controls, Inc. (not to exceed $100,000) U. Amendment No. 1 to Agreement No. CA 12 -006 with George F. Martin of Borton Petrini, LLP ($40,000; revised not to exceed $100,000), to provide outside legal services in matters related to tax and contract issues involving the County of Kern. V. Amendment No. 1 to Agreements with the following property owners to pay sewer connection and construction fees in installments through the Kern County Tax Collector: ACTION TAKEN AGR 12 -132 DEED 7556 AGR 12 -133 AGR 12 -134 AGR 12 -135 1. Agreement No. 11 -130 - Richard E. & AGR 11- 130(1) Beverly J. Laughman, 7500 Kimberly Ave. 2. Agreement No. 11 -131 - Donald C. & AGR 11- 131(1) Victoria L. Rambo, 7512 Hooper Ave. 3. Agreement No. 11 -132 - Bill C. & Norma AGR 11- 132(1) J. Johnson, 8001 Kimberly Ave. AGR 11 - 133(l) 4. Agreement No. 11 -133 - James P. & Kathleen A. Webdell, 7609 Kimberly Ave. AGR 11- 134(1) 5. Agreement No. 11 -134 - Thomas H. & Linda Meek, 7509 Hooper Ave. AGR 11- 135(1) 6. Agreement No. 11 -135 - Christopher D. & Pamela J. Hillis, 7901 Hooper Ave. AGR 11 - 136(l) 7. Agreement No. 11 -136 - Kelsie R. Gates, 7509 Kimberly Ave. AGR 11- 137(1) 8. Agreement No. 11 -137 - Jerry Vern & Lynda L. Karr, 7504 Kimberly Ave. AGR 11- 138(1) 9. Agreement No. 11 -138 - Roger D. & Linda K. Reed, 7703 Kimberly Ave. AGR 11- 139(1) 10. Agreement No. 11 -139 - Lawrence M. & Lorraine Okumoto, 7805 Kimberly Ave. 8. Bakersfield, California, October 17, 2012 - Page 7 CONSENT CALENDAR continued W. Amendment No. 2 to Agreement No. 10 -155 with Advanced Earth Sciences, Inc. ($110,000; revised not to exceed $560,000), for geotechnical services for the Bakersfield Sanitary Landfill Closure Project to provide services during the duration of the construction phase of the Landfill Project. X. Amendment No. 3 to Agreement No. 10 -075 with GC Environmental, Inc. ($135,000; revised not to exceed $1,485,000), for landfill gas system services for the Bakersfield Landfill Closure Project to provide services during the duration of the construction phase of the project. Y. Amendment No. 3 to Agreement No. 09 -171 with Amber Chemical, Inc. (extending term one year), to continue the supply of pool chemicals. Amendment No. 1 to Agreement No. 11 -166 with Boething Treeland Farms, Inc. ($75,000; revised not to exceed $150,000 and extends term one year), to continue the supply of plants and shrubs. aa. Amendment No. 3 to Agreement No. 09 -058 with Nolte Associates Inc. ($1,668,727.20; revised not to exceed $8,201,648.13), for construction management services for the Westside Parkway Phase 2 Project. (TRIP) bb. Amendment No. 2 to Agreement No. 05 -181 with Rosedale Rio Bravo Water Storage District for the exchange of additional properties to facilitate the construction of the Westside Parkway Phase 6B and 6C Projects. (TRIP) cc. Amendment No. 1 to Agreement No. 11 -100 with Parsons Transportation Group ($12,900,004; revised not to exceed $40,565,819; 88.53 %) for additional professional services to advance the preliminary engineering in support of the Caltrans project approval process and to allow the accelerated delivery of the Centennial Corridor Loop (SR 58 Connector) Project. (TRIP) ACTION TAKEN AGR 10- 155(2) AGR 10- 075(3) AGR 09- 171(3) AGR 11- 166(1) AGR 09- 058(3) AGR 05- 181(2) DEED 7566 DEED 7567 DEED 7568 AGR 11 -1000) V 1526 w1527 1.1 Bakersfield, California, October 17, 2012 - Page 8 CONSENT CALENDAR continued ACTION TAKEN dd. Contract Change Order Nos. 10 and 65 to AGR 09 -076 Agreement No. 09 -076 with Security Paving CC010, CCO65 Company, Inc.($86,605; revised not to exceed $87,547,943.95; funded with traffic impact fees), for the construction of the Westside Parkway Phase 2 project. (TRIP) ee, Contract Change Order No. 5 to Agreement AGR 10 -168 No. 10 -168 with Security Paving Company, Inc. CC05 ($328,388.62; revised not to exceed $22,755,512.71; funded with traffic impact fees), for construction of the Westside Parkway Phase 4 Project. (TRIP) Bids: ff. Reject bid for Decorative Lighting Streetscape Improvements at California Avenue, P -Q Streets. gg. Reject bids for two replacement full size two wheel drive crew cab pickup trucks for use by the Fire Department. hh. Accept bid with Alinc Technologies, LLC ($47,876.40), for three SQL server replacements for the Information Technology Division. ii. Traffic Signal and Lighting System Installation at Panama Lane and Reliance Drive: 1. Accept bid and approve contract with AGR 12 -136 Loop Electric, Inc. ($151,965.50), for the project. 2. Appropriate $10,000 Transportation Development Fund balance to the Public Works Department's Capital Improvement budget. Miscellaneous: jj. Demolition of Structures at 4301 Chester Avenue: 1. Approval of a project to demolish six structures on property recently purchased by City within the Kern River Parkway for an amount not to exceed $100,000. 1528 Bakersfield, California, October 17, 2012 -Page 9 8. CONSENT CALENDAR cont. Item 8.jj. continued 2. Appropriation of $100,000 Agricultural Water Fund Balance to the Water Resources Department Capital Improvement budget to perform the project. kk. Appropriate and transfer $110,000 Transient Occupancy Taxes Fund balance to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund for utility relocation work for the Hosking Avenue Interchange Project. II. Appropriate $260,000 Federal Grant Revenues to the General Fund Police Operating budget to fund the Kern Avoid the 18 DUI Campaign. mm. Appropriate $44,443 Federal Grant Revenues to the General Fund Police Operating budget to fund the "A Life Interrupted" Program. nn. Appropriate $9,238 Federal Grant Revenues from US Department of Homeland Security to the Fire Department Operating budget within the General Fund for televised Public Service Announcements on Carbon Monoxide Poisoning. oo. Revised job specifications for Light Equipment Operator and Heavy Equipment Operator, Motor Sweeper Operator and Sewer Maintainer II and Sewer Maintainer III. Successor Agency Business: pp. Receive and file successor agency payments from September 14, 2012 to October 4, 2012 in the amount of $588,870.13. Councilmember Johnson announced he would abstain due to conflict of interest, source of income, on item 8.r. ACTION TAKEN Motion by Vice -Mayor Couch to adopt Consent APPROVED Calendar items 8.a. through 8.pp. 9. CONSENT CALENDAR PUBLIC HEARINGS None. 15'29 Bakersfield, California, October 17, 2012 - Page 10 10. HEARINGS ACTION TAKEN None. 11. REPORTS None. 13. NEW BUSINESS a. Resolution exempting the City from prevailing RES 122 -12 wage requirements for locally funded public works contracts, except where required by law. City Clerk Gafford announced that the City Clerk's Office maintained a log of phone calls today; and 69 calls were received in opposition to the staff recommendation and zero calls were received in support. Councilmember Johnson announced he would abstain, due to a potential conflict of interest, on this item (he left the Chamber at this time). City Attorney Gennaro made staff comments and recommended adoption of the Resolution. City Manager Tandy made staff comments. The following individuals spoke in opposition to the staff recommendation; Marvin Dean suggested referring this item to a committee (submitted written material), James Chilko, Executive Director of the National Electrical Contractors Association, and the Air Conditioning Sheet Metal Association; Joe Colombo, with Colombo Construction; Greg McClelland, with the Western Steel Council; Danny Kane; John Tamborrino; Jim Conway, with the Statewide Construction Labor Management Coalition; David Kersh, on behalf of the Carpenters Contractors Cooperation Committee; John Spaulding, Executive Secretary of the Kern, Inyo and Mono Counties Building Trades Council; Bob Milewsky, a member of Carpenters Local 1506; Tom Gutierrez, representing the International Associations of Insulators and Asbestos Workers; Ed Padilla, Business Manager for the Laborers' Union Local 220; Ron James, with Operating Engineers Local 12; Michael C. Rock, Manager of the local Plumbers and Steamfitters; Gene Clark, an asbestos worker in Local 5; and Duane W. Moore, a member of the IBW Local 428. 1530 Bakersfield, California, October 17, 2012 - Page 11 13. NEW BUSINESS ACTION TAKEN Item 13.a. continued The following individuals spoke in support of the staff recommendation: Ed Ott, President of the Braun Group, and a member of the Association of Builders and Contractors; Terry Smith, works for a local merit shop contractor and a board member of the Associated Builders and Contractors; Tami Chapman, on behalf of Johasee Rebar and as a member of Associated Builders and Contractors Central California Chapter; Laura Barnes, President of the Central California Chapter of Associated Builders and Contractors; Kim Hayes, Human Resource Manager with Johasee Rebar; John Powell, with Sturgeon Services International and owner /chair of ABC Services; Kevin O'Neill, works for a local open shop contractor; Cameron Parsons, works for a local merit shop contractor; Richard Anchondo, with ESI, James "Ernie" Ernest, HS &E Manager for a local non- union contractor, Kelly Lessley, representing TempServe; Tracy O'Malley -Nail, representing Asbestos Service Incorporated and American Specialty Insulation; Conn! Brunni asked that she be provided at a later date with information regarding when this proposal was proposed and referred to staff, and what Councilmembers were present at that time; Jennifer Pitcher, community liaison for Kern Citizens for Sustainable Government; and Paul Sturgeon. Councilmember Weir asked staff to investigate lowering the level of the prerequisite on bids to $250,000 and come back to the Council with their findings. Councilmember Weir made a motion to approve staff's recommendation. Councilmember Salas stated that if for some reason this matter is not voted on tonight, he would like staff to look at what the drop in local property and sales taxes would have been for the City of Bakersfield. 1531 Bakersfield, California, October 17, 2012 - Page 12 13. NEW BUSINESS ACTION TAKEN Item 13.a, continued Vice -Mayor Couch asked Councilmember Weir to include the $250,000 prerequisite in his motion, and he agreed to do so. Vice -Mayor Couch asked staff to investigate what can be done to ensure that contractors pay their employees for the actual hours worked. APPROVED Motion by Councilmember Weir to adopt the NOES SAL4S, Resolution. BENHAM ABS JOHNSON Mayor Hall recessed the meeting at 7:53 p.m. and reconvened the meeting at 8:03 p.m. Councilmember Johnson returned to the Chamber at this time. 12. DEFERRED BUSINESS a. Review and comments on the Revised Draft Environmental Impact Statement/ Report for the California High Speed Rail Project, and direct the City Attorney to retain outside counsel for the purpose of Authorizing Initiation of Litigation against the High Speed Rail Authority. City Clerk Gafford announced that two phone calls were received in support of the staff recommendation, and two correspondence items were received from Carol Bender in support of staff's recommendation. Planning Director Eggert made staff comments and provided a PowerPoint presentation. City Manager Tandy made staff comments, and noted that the new director of the High Speed Rail has indicated he would respond to the City's concerns. The following individuals spoke in opposition to the staff recommendation: David Cross (submitted written material); Cathy Butler, President of the Downtown Business Association (submitted written material); and Marvin Dean, representing the Kern Supporters for High Speed Rail (submitted written material). 1532 Bakersfield, California, October 17, 2012 - Page 13 12. DEFERRED BUSINESS continued ACTION TAKEN Item 12.a. continued The following individuals spoke in support of the staff recommendation: Delia Dominguez; Bill Descary; Jeff Taylor, Co- Founder and Chair of Save Bakersfield Committee; and Carol Bender, Councilmember Weir made a motion directing the City Attorney to retain outside counsel for potential litigation against the High Speed Rail and to initiate litigation if and when needed to protect the City's interest. Councilmember Johnson requested that if the City submits comments to the High Speed Rail Authority, it needs to include comments that if they are going to offer mitigation to one city, that the City of Bakersfield receive similar compensation. Motion by Councilmember Weir to accept the APPROVED report and direct the City Attorney to retain outside counsel for potential litigation against the High Speed Rail and to initiate litigation if L and when needed to protect the City's interest. 13. NEW BUSINESS a. Resolution exempting the City from prevailing MOVED FORWARD wage requirements for locally funded public ON AGENDA works contracts, except where required by law, (See Page 10) Staff recommends adoption of resolution. 14. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(3)(A) of Government Code Section 54956.9 (one matter). b. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9 (four potential cases). Motion by Vice -Mayor Couch to adjourn to Closed APPROVED Session at 8:50 p.m. Motion by Councilmember Weir to adjourn from APPROVED Closed Session at 9:50 p.m. 1533 Bakersfield, California, October 17, 2012 - Page 14 RECONVENED MEETING AT 9:52 p.m. ACTION TAKEN 15. CLOSED SESSION ACTION a. Conference with Legal Counsel - Potential CITYATTORNEY Litigation, Closed Session pursuant to subdivision GIVEN DIRECTION (b)(3)(A) of Government Code Section 54956.9 (one matter). b. Conference with Legal Counsel - Initiation of CITYATTORNEY Litigation, Closed Session pursuant to subdivision GIVEN DIRECTION (c) of Government Code Section 54956.9 (four potential cases). 16. COUNCIL AND MAYOR STATEMENTS Vice -Mayor Couch requested that the meeting be adjourned in memory of Al Wagner. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 9:53 p.m., in memory of Al Wal ATTEST: CITY CLERK and Ex O Clerk of the Council of the City of Bakersfield