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HomeMy WebLinkAbout07/16/14 CC MINUTESBAKERSFIELD CITY COUNCIL MINUTES MEETING OF JULY 16, 2014 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings - 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:30 p.m. 1. ROLL CALL Present: Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Sullivan, Johnson Absent: Mayor Hall, Councilmembers Smith, Hanson 2. PUBLIC STATEMENTS None. 3. WORKSHOPS a. Smartphone Application Overview Presentation. Assistant to the City Manager Huot made staff comments and provided a PowerPoint presentation. Councilmember Maxwell asked if the cities that have used the App have seen a tremendous increase in the number of requests and did it end up with them having to add staff or not be able to respond as quickly; Assistant to the City Manager Huot responded that staff will obtain some information and provide it to Council. Councilmember Maxwell suggested keeping track of the requests and make adjustments as a City Council to alleviate any problems. Councilmember Johnson requested that the presentation be provided to the Keep Bakersfield Beautiful Committee. ACTION TAKEN 12 054 i.�Vtr 4. A 2 Bakersfield, California, July 16, 2014 - Page 2 CLOSED SESSION ACTION TAKEN a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(1) for the following: 1. Edward Colson v. City, Kern County Superior Court Case No, S1500 -CV- 277378, DRL. 2, North Kern Water Storage District v. City, Ventura County Superior Court Case No, 56 -2011- 00408712- CU- CO -VTA. Motion by Councilmember Sullivan to adjourn to APPROVED Closed Session at 3:44 p.m. AB HALL, SMITH, HANSON Motion by Vice -Mayor Weir to adjourn from Closed APPROVED Session at 4 :27 p.m. AB HALL, SMITH, HANSON CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(1) for the following: Edward Colson v. City, Kern County CITY ATTORNEY WAS Superior Court Case GIVEN DIRECTION No. S1500 -CV- 277378, DRL. 2. North Kern Water Storage District v. City, CITYATTORNEYWAS Ventura County Superior Court Case GIVEN DIRECTION No. 56 -2011- 00408712- CU- CO -VTA, ADJOURNMENT Vice -Mayor Weir MAYOR of the City of Bakersfield, CA ATTEST: zw_'�-tt4 CITY CLERK and Ex Offi Clerk of the Council of the City o Bakersfield Bakersfield, California, July 16, 2014 - Page 3 REGULAR MEETING -5;15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Sullivan, Johnson Absent: Councilmembers Smith, Hanson City Clerk Gafford announced staff has requested that Consent Calendar Item 8.r. be pulled from the Consent Calendar and moved to Deferred Business. 2. INVOCATION by Mayor Hall. 3. PLEDGE OF ALLEGIANCE by Councilmember Johnson. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Certificate of Appreciation to Daniel Rodriguez, representing the law firm Rodriguez & Associates, for providing funding to support the cooperative effort by the City, Keep Bakersfield Beautiful, and the Bakersfield Homeless Center to remove litter along freeway frontages. Mr. Rodriguez accepted the certificate and made comments. b. Presentation by Mayor Hall of a Certificate of Appreciation to Jacob Panero, on behalf of Metropolitan Recycling, LLC, representing a conglomeration of local refuse haulers, for sponsoring, over the past five years, $56,000 for the Greater Bakersfield Green Expo, and $12,500 for the Great American Cleanup. Mr. Panero accepted the certificate and made comments, C. Presentation by Mayor Hall of a Proclamation to Dianne Hoover, Recreation and Parks Director, proclaiming July, 2014, as Recreation and Parks Month and Parks Make Life Better! Month. Recreation and Parks Director Hoover accepted the Proclamation and made comments. ACTION TAKEN 2056 nA c 7 �Vv Bakersfield, California, July 16, 2014 - Page 4 Mayor Hall acknowledged Boy Scout Troop 47, with ACTION TAKEN Scoutmaster Paul Trimbush, in attendance at the meeting earning a citizenship badge and to learn about City government, 5. PUBLIC STATEMENTS a. Curtis J. Bingham, Sr„ Street Evangelist, expressed his appreciation to Mayor Hall, the City Councilmembers, the Police Department and staff, for the work they do for the City. b. Jeff Nickell, Executive Director of Kern Adult Literacy Council, spoke regarding the Literacy Council, requested funding support, and submitted written material. C. Jeanne Radsick, on behalf of the Bakersfield Association of Realtors, spoke regarding the resolution in support of AB 1513. d. Ming Chen, on behalf of Doctors Against Forced Organ Harvesting, spoke regarding human organ pillaging from prisoners in China, and submitted written material, 6. WORKSHOPS None. 7. APPOINTMENTS None. B. CONSENT CALENDAR Minutes: a. Approval of minutes of the June 25, 2014, Regular City Council Meeting, Payments: b. Receive and file department payments from June 27, 2014, to July 30, 2014, in the amount of $15,225,966,92 and self - insurance payments from June 27, 2014, to July 30, 2014, in the amount of $699,982.39 totaling, $15,925,949,31. ^0%58 Bakersfield, California, July 16, 2014 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN Ordinances: C. First Reading of Ordinance amending the FR Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -2 /PUD (Limited Multi- family Dwelling /Planned Unit Development) zone to R -1 (One - Family Dwelling) zone on 12.91 acres located at the southwest corner of Coffee Road and Etchart Road, A previously adopted Negative Declaration for GPA /ZC No. 05 -1932 applies to this project, (ZC 14 -0050; SmithTech USA, representing SB /RBLI Land Company (North Kern II), LLC) (deferred from the 05107114 meeting) d, First Reading of Ordinance amending the Official Zoning Map in Title 17 of the Municipal FR Code by changing the zone district from A (Agricultural Zone) to P.C.D. (Planned Commercial Development Zone) to develop a mini - storage /recreational vehicle storage facility on 26.9 acres located at 15000 Stockdale Highway. A previously adopted Negative Declaration applies to this project. (ZC 14 -0130; Marino /Associates representing CENVAL L.P.) Resolutions: e. Resolution approving the Public Notice and RES 107 -14 Grievance Procedure as required under the Americans with Disabilities Act. f. Resolution in support of Assembly Bill No. 1513 RES 108 -14 regarding squatters, g. Grant Assistance Program: 1, Resolution authorizing the Police RES 109 -14 Department to accept funding ($58,318) made available through the Grant Assistance Program (GAP) of the California Department of Alcoholic Beverage Control (ABC), 2. Appropriate $58,318 State Grant Revenues FY2014 -15 Grant Assistance Program (GAP) from the State Office of Alcoholic Beverage Control (ABC) to the General Fund Police Operating Budget. ^fly Bakersfield, California, July 16, 2014 - Page 6 CONSENT CALENDAR continued ACTION TAKEN h. Resolution determining that Bioxide, a RES 110 -14 proprietary chemical for sewer odor control and reduction of sulfide gas levels, cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof for a period of one year, not to exceed the budgeted amount of $800,000. i. Emergency cleaning of Digester No. 4 at Wastewater Treatment Plant No, 2: 1. Resolution dispensing with bidding RES 111 -14 procedures due to emergency. 2. Amendment No. 1 to Agreement No. AGR 14 -116 PW14 -132 with Wastewater Solids Management ($15,000; revised not to exceed $55,000) for digester cleaning. Sewer connection fee assessment for 2516 Clara Court: 1. Resolution confirming assessment for RES 112 -14 sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Ricardo Lopez Gonzalez AGR 14 -117 to pay sewer connection fee through the Kern County Tax Collector. k. Sewer connection fee assessment for 5117 Centaur Street: 1. Resolution confirming assessment for RES 113 -14 sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Timothy W. and Anna M. AGR 14 -118 Lee to pay sewer connection fee through the Kern County Tax Collector. ,1).Q60 Bakersfield, California, July 16, 2014 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN I. Resolution adding territory, Area 4 -124 RES 114 -14 (northwest corner of 20th Street and V Street) to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector, M. Resolution of Intention No. 1799 ordering the ROI 1799 vacation of a portion of 17th Place Alley, within Block 269, between N and O streets, n. Resolution of Intention No. 1802 calling a public ROl 1802 hearing to determine whether public necessity, health, safety or welfare requires formation of an Underground Utility District within designated area - District No. 2, Division 36 (Stine Road, Panama Lane to Ryzona Street). o, Resolution of Intention No. 1803 calling a public R01 1803 hearing to determine whether public necessity, health, safety or welfare requires formation of an Underground Utility District within designated area - District No. 2, Division 37 (20th Street, between V Street and its western terminus approximately 578 feet west of V Street). P. Resolution of Intention No. 1804 calling a public RO► 1804 hearing to determine whether public necessity, health, safety or welfare requires formation of an Underground Utility District within designated area - District No. 2, Division 38 (34th Street, Chester Avenue to Union Avenue). q. Resolutions 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. 1805 adding Area 3 -93 (northwest corner of Berkshire Road and ROI 1805 Old River Road) 2. ROI No. 1806 adding Area 5 -70 ROl 1806 (southwest corner of E. White Lane and Cottonwood Road) 2. OGIt 8. Bakersfield, California, July 16, 2014 — Page 8 CONSENT CALENDAR continued Agreements: Changes to salaries and related benefits for various employee units: 1. Amendment No. 3 to Resolution No. 079 -13 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits. 2. Resolution modifying paying and reporting the value of employer paid member contributions with time -in -grade exceptions for the Blue and White Collar Units. 3. Amendment No. 3 to Resolution No. 080 -13 setting salaries and related benefits for the officers and employees of the General Supervisory, Police Supervisory and Management Units, 4. Resolution modifying paying and reporting the value of employer paid member contributions with time -in -grade exceptions for General Supervisory and Management Units. 5. Resolution modifying paying and reporting the value of employer paid member contributions with time -in -grade exceptions for Police Safety Management Classifications. 6. Resolution modifying paying and reporting of the value of employer paid member contributions with time -in -grade exceptions for Fire Safety Management Classifications. 7. Resolution modifying paying and reporting the value of employer paid member contributions with time -in -grade exceptions for Police Safety Supervisory (Sergeants) Classification. ACTION TAKEN MOVED TO DEFERRED BUSINESS Bakersfield, California, July 16, 2014 — Page 9 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.r, continued 8. Amendment No. 1 to Resolution No. 150 -13 approving the Memorandum of Understanding setting salaries and related benefits for the employees of the Bakersfield Police Officers Association (BPOA). 9. Resolution modifying the paying and reporting the value of employer paid member contributions with time -in -grade exceptions for Police Safety Classifications. 10. Amendment No. 1 to Resolution 078 -13 approving Memorandum of Understanding setting salaries and related benefits for the Fire Supervisory Unit of the Fire Department. 11, Amendment No. 1 to Resolution No. 077 -13 approving Memorandum of Understanding setting salaries and related benefits for the Firefighters and Engineers of the Fire Department, 12. Resolution modifying paying and reporting the value of employer paid member contributions with time -in -grade exceptions for Fire Safety and Fire Supervisory Classifications. S. License Agreement with CompuCom Systems, Inc. ($325,000), to provide Microsoft Licenses for 1,386 city computers, Agreement with David L. Nielsen and Christine R. Nielsen, trustees of The David & Christine Nielsen Family Trust, ($235,000) to purchase real property located at 423 Truxtun Avenue, for the Amtrak Parking Lot Expansion Project. U. Agreement with Odessa M. Powers, Trustee of the Odessa M, Powers Trust ($214,000) to purchase real property located at 4515 Charter Oaks Avenue, for the Centennial Corridor Project. (TRIP) AGR 14 -119 AGR 14 -120 AGR 14 -121 DEED 7951 200? &o1J Bakersfield, California, July 16, 2014 — Page 10 CONSENT CALENDAR continued ACTION TAKEN V. Agreement with Dudley and Edna Drake, AGR 14 -122 DEED 7958 trustees ($268,000) to purchase real property DEED 7952 Corridor Project. (TRIP) located at 4415 Kensington Avenue, for the CC. Agreement with Richard and Judith McMullen Centennial Corridor Project. (TRIP) AGR 14 -129 W. Agreement with Ernest and Deborah Fllppin AGR 14 -123 ($238,000) to purchase real property located at DEED 7953 the Marguerite M. Smith Trust ($240,000) to 500 Malibu Court, for the Centennial Corridor purchase real property located at 4505 Charter Project. (TRIP) X. Agreement with Joyce Ferguson ($140,000) to AGR 14 -124 AGR 14 -131 purchase real property located at 2 Morrison DEED 7954 3330 Wood Lane, for the Centennial Corridor Street, for the Centennial Corridor Project. (TRIP) Project. (TRIP) Y. Agreement with Melba F. Stanczak, Trustee AGR 14 -125 ($273,000) to purchase real property located at DEED 7955 4508 Woodlake Drive, for the Centennial Corridor Project. (TRIP) Z' Agreement with Scott and Hortencla Strickland AGR 14 -126 ($316,000) to purchase real property located at DEED 7956 4200 Hillsborough Drive, for the Centennial Corridor Project. (TRIP) aa. Agreement with Rosa Elena Cahue ($284,000) AGR 14 -127 to purchase real property located at DEED 7957 4312 Kentfield Drive, for the Centennial Corridor Project. (TRIP) bb. Agreement with Betty Woodard Smith, Trustee of the Betty Woodard Smith Trust ($288,000) to AGR 14 -128 purchase real property located at DEED 7958 4208 Hillsborough Drive, for the Centennial Corridor Project. (TRIP) CC. Agreement with Richard and Judith McMullen ($296,000) to purchase real property located at AGR 14 -129 4404 La Mirada Drive, for the Centennial DEED 7959 Corridor Project. (TRIP) dd. Agreement with Marguerite M. Smith, Trustee of AGR 14 -130 the Marguerite M. Smith Trust ($240,000) to DEED 7960 purchase real property located at 4505 Charter Oaks Avenue, for the Centennial Corridor Project. (TRIP) ee. Agreement with H. Lee and Mary E. Jackson AGR 14 -131 ($192,000) to purchase real property located at DEED 7961 3330 Wood Lane, for the Centennial Corridor Project. (TRIP) Bakersfield, California, July 16, 2014 - Page 11 8. CONSENT CALENDAR continued ff. Agreement with Donald and Diane Steward ($265,000), to purchase real property located at 2401 Myrtle Street, for the 24th Street Widening Project, (TRIP) gg. Agreement with Rick Ray and Carolyn Pruett ($64,033) to purchase real property identified as 12417 Highway 178, for the State Route 178 Widening Project. (TRIP) hh. Agreement with Haroon and Sophia Hanasab, Trustees of the Haroon & Sophia Hanasab Revocable 2013 Trust ($85,000) to purchase real property identified as APNs 386- 050 -09 and 387 - 020 -18 for the State Route 178 Widening Project. (TRI P) ii. Final Map and Improvement Agreement with BMC Stein, LLC, for Tract 7222, Unit 6, located south of Panama Lane and west of Stine Road. Parcel Map and Improvement Agreement with DCM Assets Management, LLC, for Parcel Map 11788, Unit 1, located at the southwest corner of Olive Drive and Calloway Drive. kk. Environmental Impact Report (EIR) for General Plan Amendment /Zone Change No. 13 -0417 (SR99 /Hosking Commercial Center) generally located adjacent to the east side of State Route 99, between Hosking Avenue to the South and Berkshire Road to the north; Agreement with John Giumarra, Jr, ($199,888.12), for the preparation of an El R. 2. Agreement with ICF International ($133,259.12) to prepare EIR. 3. Appropriate $133,259.12 (developer's contribution) to the Community Development Operating budget in the General Fund. II, Amendment No. 1 to Agreement No, CA14 -001 with Kutak Rock, LLP ($40,000; revised not to exceed $175,000), to provide outside legal services in the matter of the City v, All Persons Interested in the Matter, etc., et al. ACTION TAKEN AGR 14 -132 DEED 7962 AGR 14 -133 DEED 7963 AGR 14 -134 DEED 7964 DEED 7965 AGR 14 -135 AGR 14 -136 AGR 14 -137 AGR 14 -138 AGR 14 -139 L. Bakersfield, California, July 16, 2014 - Page 12 8. CONSENT CALENDAR continued ACTION TAKEN mm. Amendment No. 7 to Agreement No. 08 -179 with SunGard Public Sector, Inc, ($189,884.47), for service support of Licensed Software. nn, Amendment No. 5 to Agreement No, 10 -107 with Kern Sprinkler Landscaping, Inc, ($200,000; revised not exceed $1,094,648.25 and extend term one year), for the continued supply of landscape and irrigation services, oo, Amendment No. 1 to Agreement No, 12 -071 with Crider Construction ($200,000; revised not to exceed $400,000) for on -call construction services at Wastewater Treatment Plants 2 and 3. pp. Contract Change Order No. 13 to Agreement No. 12 -165 with Security Paving Company, Inc, ($126,998.40; revised not to exceed $29,528,921.53; change order funded with Traffic Development Funds), for construction of the Westside Parkway Phase 6C Project. (TRIP) qq. Contract Change Order No, 2 to Agreement No. 13 -155 with Granite Construction, Inc, ($41,257.97; revised not to exceed $3,076,837.47), for the project known as Mohawk Street Improvements from Rosedale Highway to Siena Lane, Bids: rr. Accept bid and approve contract with BASF ($120,000), for the supply of polymer for the dissolved air flotation units at Wastewater Treatment Plant No. 3, ss. City's Domestic Water System; Accept bid and award contract to Sierra Construction & Excavation, Inc. ($1,000,000), for the annual maintenance and repairs on the potable water system within the City's domestic water service area, 2. Appropriation of $500,000 Fund balance to the Water Resources Operating Budget within the Domestic Water Fund for maintenance and repairs. AGR 08- 179(7) AGR 10- 107(5) AGR 12- 071(1) AGR 12 -165 CCO 13 AGR 13 -155 CCO2 AGR 14 -140 AGR 14 -141 "OCG Bakersfield, California, July 16, 2014 - Page 13 8. CONSENT CALENDAR continued ACTION TAKEN Miscellaneous: Successor Agency Business: tt, Receive and file successor agency payments from June 13, 2014, to June 26, 2014, in the amount of $10,508.10. City Clerk Gafford announced that staff has requested Item 8,r. be pulled from Consent Calendar and moved to Deferred Business; a staff memorandum was received regarding Item 8.d, proposing a revised condition to the project; and additional staff memoranda were received transmitting revised resolutions of intention for items 8.n., 8.o., and 8,p, Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar items 8.a. through 8M., with the removal AB SMITH, HANSON of Item 8.r. 9. CONSENT CALENDAR PUBLIC HEARINGS a, Public Hearing to consider Resolution ordering the vacation of the existing 20 -foot wide public and utility access easement within Parcel 1 of Parcel Map No. 5102 located at 2125 Brundage Lane. (Staff recommends no action) b. Public Hearing to consider Resolution ordering RES 116 -14 the vacation of portions of the Public Utility Easements for lots 6, 7, 20 & 21 of Tract 7161, Unit 5. (Staff recommends adoption of Resolution) C. Public Hearing to consider Resolution RES 117 -14 approving and adopting an adjusted fee for the development and improvement of parks within the City (4,29% proposed rate increase). (Staff recommends adoption of Resolution) Consent Calendar Public Hearings opened at 5:46 p.m, No one spoke. Consent Calendar Public Hearings closed at 5:46 p,m. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar Public Hearings items 9.a. through 9.c. AB SMITH, HANSON n0C7 10. Bakersfield, California, July 16, 2014 — Page 14 HEARINGS ACTION TAKEN a. Public Hearing to consider 12 Resolutions of RES 118 -14 Necessity (RON) to determine whether the RES 119 -14 public interest and necessity for acquisition by RES 120 -14 eminent domain, of partial interests in the RES 121 -14 following real property for public purpose, RES 122 -14 known as APNs: (1) 386- 050 -23; 387 - 020 -37; RES 123 -14 387 - 360 -05, (2) 387 - 020 -14, (3) 387 - 020 -52, RES 124 -14 (4) 387 - 150 -08, (5) 387 - 150 -18; 387 - 150 -22, RES 125 -14 (6) 387 - 150 -21, (7) 387 - 150 -27, (8) 387 - 160 -15, RES 126 -14 (9) 531 - 012 -05; 531 - 012 -14, (10) 533 - 012 -20; RES 127 -14 RES 128 -14 533 - 012 -21; 533 - 012 -26, (11) 533 - 012 -24, RES 129 -14 (12) 533 - 012 -28; 533 - 012 -29; 533 - 012 -30, for the Highway 178 Widening Project (Code Civ. Proc.§ 1240.010). (TRIP) City Clerk Gafford announced correspondence was received from Kuhs and Parker regarding opposition to the resolutions for APNs 533 - 012 -20, 533 - 012 -21, and 533 - 012 -26. Public Works Director Fidler made staff comments and provided a PowerPoint presentation. City Attorney Gennaro made additional staff comments and recommended adoption of the Resolutions of Necessity. Hearing opened at 5 :52 p.m. The following individuals spoke In opposition to the staff recommendation: Gary Olson, with Olson Design Studio, representing the owner of APN 387 - 020 -52 (submitted written material); Robert Kuhs, with Kuhs and Parker, representing the owner, John Thompson (also present), of APNs 533 - 012 -20, 533 - 012 -21, and 533 - 012 -26 (submitted written material); Elizabeth Estrada, with Alexander and Associates, representing the owner of APN 533 - 012 -24; and Roger McIntosh, with McIntosh & Associates, representing the owner of APNs 387 - 020 -37 and 386 - 050 -23 (submitted written material). No one spoke in support of the staff recommendation. Hearing closed at 6 :08 p.m. Motion by Vice -Mayor Weir to adopt the APPROVED Resolutions of Necessity. AB SMITH, HANSON Bakersfield, California, July 16, 2014 - Page 15 11. REPORTS None, 12. DEFERRED BUSINESS a. Changes to salaries and related benefits for various employee units; Amendment No. 3 to Resolution No. 079 -13 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits, 2. Resolution modifying paying and reporting the value of employer paid member contributions with time -in -grade exceptions for the Blue and White Collar Units. 3. Amendment No. 3 to Resolution No. 080 -13 setting salaries and related benefits for the officers and employees of the General Supervisory, Police Supervisory and Management Units, 4. Resolution modifying paying and reporting the value of employer paid member contributions with time -in -grade exceptions for General Supervisory and Management Units. 5. Resolution modifying paying and reporting the value of employer paid member contributions with time -in -grade exceptions for Police Safety Management Classifications. 6. Resolution modifying paying and reporting of the value of employer paid member contributions with time -in -grade exceptions for Fire Safety Management Classifications. 7. Resolution modifying paying and reporting the value of employer paid member contributions with time -in -grade exceptions for Police Safety Supervisory (Sergeants) Classification, ACTION TAKEN RES 079 -13(3) RES 130 -14 RES 080 -13(3) RES 131 -14 NOT APPROVED NOT APPROVED RES 132 -14 �prg C p ^ q Bakersfield, California, July 16, 2014 — Page 16 12. DEFERRED BUSINESS continued Item 12,a, continued 8. Amendment No. 1 to Resolution No. 150 -13 approving the Memorandum of Understanding setting salaries and related benefits for the employees of the Bakersfield Police Officers Association (BPOA). 9. Resolution modifying the paying and reporting the value of employer paid member contributions with time -in -grade exceptions for Police Safety Classifications. 10. Amendment No. 1 to Resolution 078 -13 approving Memorandum of Understanding setting salaries and related benefits for the Fire Supervisory Unit of the Fire Department, 11. Amendment No. 1 to Resolution No. 077 -13 approving Memorandum of Understanding setting salaries and related benefits for the Firefighters and Engineers of the Fire Department, 12. Resolution modifying paying and reporting the value of employer paid member contributions with time -in -grade exceptions for Fire Safety and Fire Supervisory Classifications, City Manager Tandy made staff comments, provided a PowerPoint presentation, and recommended adoption of the Resolutions. Councilmember Johnson made a motion to adopt Deferred Business items 12.a.1. through 12.a.12., excluding items 12.a.3. and 12.a.4. Vice -Mayor Weir made a motion to adopt Deferred Business items 12.a.1. through 12.a.12. Councilmember Johnson amended his original motion to adopt Deferred Business items 12.a.1. through 12.a.12., with the exception of the Management Unit, and to continue that item until the conclusion of the City Manager's evaluation. ACTION TAKEN RES 150 -13(1) RES 133 -14 RES 078 -13(1) RES 077 -13(1) RES 134 -14 Bakersfield, California, July 16, 2014 — Page 17 12. DEFERRED BUSINESS continued Item 12,a, continued Motion by Vice -Mayor Weir, as restated by City Attorney Gennaro, to adopt the Resolutions in Deferred Business items 12.a. 1. through 12. a. 12. Motion by Councilmember Johnson, as restated by City Attorney Gennaro, to adopt the Resolutions in Deferred Business items 12.a.1. through 12.a.12., with the exception of only those aspects in the individual items that deal with or impact only the Management Unit within the City of Bakersfield, and as to those components, they will be brought forward to the City Council meeting at the conclusion of the City Manager's evaluation. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Johnson requested that the announcement made by the State Water Resources Control Board regarding new water restrictions be placed on the next Water Board agenda for discussion; and he requested that the City Attorney provide information as to whether our City Charter authority gives us any greater flexibility with regard to that State mandate. Councilmember Maxwell commended the Police Chief for the great detective work and due diligence in apprehending a couple of people that were responsible for most of the recent break -ins at some of the businesses in the Westchester area; and he expressed his appreciation for the steps being taken to ensure that the people in that area are provided the safety and protection of their property from the large number of vagrants that are causing havoc in the area. Councilmember Maxwell requested Police start patrolling 241h Street again to reduce the amount of speeding taking place in that area. Councilmember Maxwell urged anyone who sees water flowing on Caltrans property that is caused by broken sprinkler equipment to contact Caltrans directly. ACTION TAKEN FAILED NOES RIVERA, MAXWELL, JOHNSON AB SMITH, HANSON APPROVED NOES WEIR, SULLIVAN AB SMITH, HANSON ^070 `07� Bakersfield, California, July 16, 2014 - Page 18 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Vice -Mayor Weir expressed his disappointment that the Management personnel will not be not receiving their raises at the same time as everyone else will, and he expects it will be corrected at the next meeting. Councilmember Sullivan announced that the State of the City meeting yesterday, hosted by the Chamber of Commerce, was well attended, and the speakers did an excellent job bringing everyone up to date on what has taken place this last year. Councilmember Sullivan urged everyone to take the water restrictions mandate to heart by putting the solution where it needs to be, with each one of us in our own homes and mind the tap. Councilmember Sullivan announced that the annual In God We Trust event celebrating our National Motto will be coming up on July 31 s+ at the Marriott, and anyone interested in more information can contact her. Mayor Hall expressed his disappointment with the divisiveness that was displayed during the Deferred Business item; and he feels that it is important to appreciate and recognize the Vice -Mayor and his role, as well as honor the outstanding work that the City Manager has done for 22 years. 15. ADJOURNMENT Mayor Hall adjourned the meeting at 7:16 p.m. Ivy MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio rk of the Council of the City of Bakersfield