HomeMy WebLinkAbout04/07/10 CC MINUTES933
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 7, 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 (seated at 5:37 p.m.),
Sullivan
Absent: None.
2. INVOCATION by Reverend Nancy McMaster, Valley
Christian Church.
3. PLEDGE OF ALLEGIANCE by Taris Williamson, 1 st grade
student at Olive Drive Elementary School.
Mayor Hall recognized Boy Scout Troops 16 and 44 in
attendance at the meeting to learn about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a retirement
plaque and gift certificate to James Scrivano.
Mr. Scrivano accepted the plaque and
certificate; and made comments.
b. Presentation by Mayor Hall of a Proclamation to
Linda Vernon, CEO, Bakersfield Association of
Realtors, declaring April 2010, Fair Housing
Month.
A representative from the Bakersfield
Association of Realtors accepted the
Proclamation on behalf of Ms. Vernon and
made comments.
Bakersfield, California, April 7, 2010 - Page 2
5. PUBLIC STATEMENTS
a. Kelly Bishop, Chair of Keep Bakersfield Beautiful,
spoke regarding the upcoming Great
American Cleanup on Saturday, April 171"-
thanked Mayor Hall and the Solid Waste
Department for helping organize the event;
and encouraged everyone to participate.
b. Jeremy Wright, with Kern County Gang
Mitigation Operation Change, spoke regarding
gang violence.
C. Zac Griffin, Community Liaison for Bike
Bakersfield and Cycling Club Director, spoke
regarding the benefits of cycling, requested a
proclamation for Bike Month, and submitted
written material,
d. Jeremy Tobias, Executive Director of
Community Action Partnership of Kern,
introduced Tracey LaMonica, Resource
Development Coordinator of Community
Action Partnership of Kern, who spoke
regarding the 9th Annual Humanitarian Banquet
Award on Friday, May 14th, and invited the
Mayor and Council to attend.
e. Robert Baltodano, Assistant Manager of
K -WAVE Radio, spoke regarding a new radio
station and submitted written material,
6. WORKSHOPS
None.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 24, 2010
Regular City Council Meeting.
ACTION TAKEN
Bakersfield, California, April 7, 2010 - Page 3
8. CONSENT CALENDAR continued ACTION TAKEN
Payments:
b. Approval of department payments from
March 12, 2010 to March 25, 2010 in the
amount of $17,284,768.12 and self- insurance
payments from March 12, 2010 to March 25,
2010 in the amount of $215,320.48.
Ordinances:
C. Adoption of the following Ordinances:
Amending Chapter 16.28 (Design
Standards) of Title 16 (Subdivisions) of the
Municipal Code to incorporate specific
design criteria for new development in
Northeast Bakersfield.
2. Amending Chapter 17.08 (General
Regulations), Chapter 17.25 (Central
Business Zone), Chapter 17.26
(Commercial Center Zone), Chapter
17.61 (Landscape Standards), and
adding Chapter 17.71 (Outdoor Lighting)
of Title 17 (Zoning) of the Municipal Code
to incorporate specific design criteria for
new development in Northeast
Bakersfield.
d. First Reading of Ordinance amending Municipal
Code § 1. 12.040 and § 1. 12.050 by adding
Annexation No. 607 consisting of 1.04 acres
located along the west side of Allen Road,
north of Rosedale Highway to Ward 4 and
Annexation No. 549 consisting of 39.90 acres
located on the northeast corner of Old River
Road and McCutchen Road to Ward 5.
Resolutions:
e. Purchase of Motorola Radio Equipment:
1, Resolution determining that Motorola
radio equipment cannot be obtained
through the usual bidding procedures
and authorizing the Finance Director to
dispense with bidding therefore, not to
exceed $162,500.
ABS WEIR
ORD 4616
ORD 4617
FR
RES 039 -10
v v J
Bakersfield, California, April 7, 2010 — Page 4
8. CONSENT CALENDAR continued
Item 8.e. continued
2. Accept Federal grant ($162,500 - FY 2009
Assistance to Firefighters) for the
purchase of radio equipment.
3. Approve the purchase of 52
replacement portable radios and
related equipment from Motorola
Communications, Inc. not to exceed
$162,500.
4. Appropriate $130,000 Federal Grant
Revenue to the MMRS Fund and $32,500
Equipment Management Fund Balance
to the Public Works Department
Operating Budget to fund local match
of purchase of radios.
Resolutions approving applications proposing
proceedings for annexation of uninhabited
territory to the City identified as:
1. Annexation No. 601 consisting of 19.72
acres located at the southeast corner
of Allen Road and Hageman Road, east
of the A.T. & S.F. Railroad tracks.
2. Annexation No. 606 consisting of 5.7
acres located on the south side of
McKee Road, between Ellashosh Street
and State Route 99.
3. Annexation No. 613 consisting of 6.36
acres located south of McKee Road,
along the west side of State Route 99.
g. Resolution approving application for grant
funds for the Sustainable Communities Planning
Grant and Incentives Program.
h. Resolution in support of the general aviation
industry and opposing legislation and policies
that impede general aviation.
I. Resolution of Intention No. 1658 calling a public
hearing to amend Resolution No. 133 -07
modifying the completion date of Underground
Utility District No. 2, Division 31 (Sports Village).
ACTION TAKEN
RES 040 -10
RES 041 -10
RES 042 -10
RES 043 -10
RES 044 -10
ROI 1658
Bakersfield, California, April 7, 2010 - Page 5
8. CONSENT CALENDAR continued
Resolutions of Intention (ROI) to add territory to
the Consolidated Maintenance District and
preliminarily adopting, confirming and
approving the Public Works Director's Reports:
ROI No. 1661 to add territory, Area 3 -81
(2800 Panama Lane).
2. ROI No. 1662 to add territory, Area 2 -43
(3220 Ming Avenue).
Agreements:
k. Settlement Agreement with Travelers Casualty
and Surety Company of America for Dunmore
Diamond Ridge Tract 6332 located between
Ashe Road and Stine Road, south of
McCutchen Road.
Agreement with Brown Armstrong Paulden
McCown Starbuck Thornburgh & Keeter
($59,910) for a full scope annual audit of the
2009 -10 fiscal year.
M. Auburn Street Realignment Project:
1. Amendment No. 1 to Agreement
No. 09 -004 with Canyon Hills Assembly of
God Church (reimbursement not to
exceed $40,789) for the property
associated with the project.
2. Amendment No. 1 to Agreement
No. 09 -005 with Canyon Hills Assembly of
God Church (time extension only) for the
installation of landscape and irrigation
system in the medians of the project.
3. Amendment No. 1 to Agreement
No. 09 -006 with Canyon Hills Assembly of
God Church (increase landscape area
only) to include an additional area of
landscape and irrigation north of the
project to be maintained by Canyon
Hills.
n. Amendment No. 1 to Agreement No. 07 -223
with Psomas ($308,470.90; revised not to
exceed $1,609,478.90) for SR -178 and Morning
Drive Interchange Project engineering design
services. (TRIP)
ACTION TAKEN
ROI 1661
ROI 1662
AGR 10 -042
AGR 10 -043
AGR 09- 004(1)
AGR 09- 005(1)
AGR 09- 006(1)
AGR 07- 223(1)
��7
� g Bakersfield, California, April 7, 2010 - Page 6
8. CONSENT CALENDAR continued
Bids:
o. Reject bids for cold planing annual contract.
P. Accept bid and award contract to Granite
Construction ($1,478,336) for the Pavement
Rehabilitation 2009 Phase 5 - Coffee Road from
Friant Kern Canal to Riverlakes Drive /Meant'
Avenue; Coffee Road from Olive Drive to Norris
Road (Northbound only) Project.
Miscellaneous:
q. Metropolitan Medical Response System (MMRS)
FY 2009 Grant:
1. Accept Federal Grant ($321,221) FY 2009
MMRS Grant.
2. Appropriate $32,212 Federal Grant
Revenue to the Fire Department
Operating Budget within the MMRS Fund.
r. Rosedale Highway Widening Design Phase
(TRIP):
1. Appropriate $1,327,950 Federal Grant
Revenue (Safetea -Lu NCIIP) to the
Public Works Capital Improvement
Budget within the TRIP Special Revenue
Fund.
2. Appropriate $2,612,348 Federal Grant
Revenue (IS -TEA) to the Public Works
Capital Improvement Budget within the
TRIP Special Revenue Fund.
3. Appropriate $825,050 Traffic
Development Fund balance for local
match to the TRIP project.
S. Appropriate $9,500 State Grant Revenues
(FY 2009 -10 Minor Decoy and Shoulder Tap
Mini Grant Program for the State Office of
Alcoholic Beverage Control) to the General
Fund Police Operating Budget to fund overtime
for the BPD Vice Division to conduct minor
decoy and shoulder tap operations.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
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Bakersfield, California, April 7, 2010 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
Councilmember Weir announced he would abstain
due to conflict of interest, source of income to himself,
on item 8.b.
Councilmember Carson requested item 8.p. be
removed for separate consideration.
Motion by Vice -Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8.s., with the removal of
item 8.p. for separate consideration.
P. Accept bid and award contract to Granite AGR 10 -044
Construction ($1,478,336) for the Pavement
Rehabilitation 2009 Phase 5 - Coffee Road from
Friant Kern Canal to Riverlakes Drive /Meany
Avenue; Coffee Road from Olive Drive to Norris
Road (Northbound only) Project.
Motion by Councilmember Carson to adopt APPROVED
Consent Calendar item 8.p.
9. CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Subdivision (a) of Government Code Section
54956.9 for the following cases:
Marc Halling v. City - KCSC Case
No. S- 1500 -CV- 266789 -DRL.
2. Home Builders Association v. City - KCSC
Case No. S- 1500 -CV- 267954 LHB.
3. Bakersfield Police Officers Association v.
City - KCSC Case No. S- 1500 -CV- 267165
N FT.
b. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
Motion by Vice -Mayor Scrivner to adjourn to Closed APPROVED
Session at 5.47 p.m.
Motion by Councilmember Hanson to adjourn from APPROVED
Closed Session at 7.15 p.m.
RECONVENED MEETING AT 7:22 p.m.
1940 Bakersfield, California, April 7, 2010 - Page 8
10. CLOSED SESSION ACTION
ACTION TAKEN
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Subdivision (a) of Government Code Section
54956.9 for the following cases:
1. Marc Halling v. City - KCSC Case
CITYATTORNEY
No. S- 1500 -CV- 266789 -DRL.
GIVEN DIRECTION
2. Home Builders Association v. City - KCSC
NO REPORTABLE
Case No. S- 1500 -CV- 267954 LHB.
ACTION
3. Bakersfield Police Officers Association v.
NO REPORTABLE
City - KCSC Case No. S- 1500 -CV- 267165
ACTION
N FT.
b. Conference with Labor Negotiator pursuant to
NO REPORTABLE
Government Code Section 54957.6.
ACTION
11. CONSENT CALENDAR PUBLIC HEARINGS
None.
12. HEARINGS
a. Public Hearing to consider Resolution ordering RES 045 -10
the vacation of a portion of a 10' wide Public
Utilities Easement containing +/- 930 square feet
located at 2935 Oswell Street. (Staff
recommends adoption of resolution.)
Public Works Director Rojas made staff comments.
Hearing opened at 7:24 p.m.
No one spoke.
Hearing closed at 7:25 p.m.
Motion by Vice -Mayor Scrivner to adopt the APPROVED
Resolution.
b. Impasse Hearing for Police Labor Negotiations
pursuant to Municipal Code Section 2.76.130.
(Staff recommends Council remove and reject
all labor negotiating offers and demands
between the City and Bakersfield Police
Bargaining Units.)
Mayor Hall announced that this is not a Public Hearing,
so there will be no opportunity for public comments.
Hearing opened at 7:26 p.m.
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Bakersfield, California, April 7, 2010 - Page 9
12. HEARINGS continued ACTION TAKEN
Item 12,b, continued
City Attorney Gennaro provided background
regarding the legal proceedings.
City Manager Tandy provided financial background.
Management Assistant Kirkwood made a PowerPoint
presentation.
City Negotiator Bill Avery summarized the labor
negotiations.
Alison Berry Wilkinson, legal counsel for the Bakersfield
Police Officers Association, provided background,
submitted written material, and made a PowerPoint
presentation; and recommended adoption of a last,
best, final offer; not remove them.
City Attorney Gennaro stated she would like the
record to indicate that during the hearing on this
matter there was nothing presented by the BPOA to
the Court on the issue of whether or not the City had
to choose one or the other last, best and final offer,
and that it is unlawful to enter into a contract if the
terms cannot be fulfilled.
City Negotiator Avery responded to negotiations
data.
City Manager Tandy urged the Council to look at the
big picture and consider the dire economic situation.
Alison Berry Wilkinson responded to the comments
made by City Attorney Gennaro, City Negotiator
Avery and City Manager Tandy, and recommended
not removing the last, best and final offer, but to
choose between the two offers.
Hearing closed at 8:48 p.m.
Vice -Mayor Scrivner stated he hopes both parties can APPROVED
return to the bargaining table as soon as possible and NOES CARSON
made a motion to approve staff's recommendation to
remove and reject all labor negotiating offers and
demands between the City and the Bakersfield Police
Bargaining Unit.
Councilmember Benham made comments supporting
the motion.
X42
Bakersfield, California, April 7, 2010 - Page 10
12. HEARINGS continued
Item 12.b. continued
In response to a question by Councilmember Carson,
City Attorney Gennaro stated that her position is that
the Council does not need to choose between the
City's last, best and final and the BPOA's last, best and
final; that it is within the Council's discretion to
remove and reject both; and that the City would
continue to bargain in good faith.
13. REPORTS
None.
14. DEFERRED BUSINESS
None.
15. NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
None.
17. ADJOURNMENT
Mayor Hall adjc
ATTEST:
4A� "'�
CITY CLERK and Ex alcio Clerk of
the Council of the City of Bakersfield
ACTION TAKEN
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