HomeMy WebLinkAbout09/08/10 CC MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 8, 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 Imam Ayub Swalleh Haroun, The
Islamic Center of San Joaquin Valley.
3. PLEDGE OF ALLEGIANCE by Jared Bae, 411, grade
student at Reagan Elementary School.
Mayor Hall acknowledged the Bakersfield College political
science class in attendance at the meeting to learn about
City government.
4. WORKSHOPS
None.
5. PRESENTATIONS
a. Presentation by Vice -Mayor Scrivner of
Proclamation to Mayor Harvey L. Hall, 2010
John Brock Community Service Award winner,
declaring September 9, 2010 as Harvey L. Hall
Day.
Mayor Hall accepted the Proclamation and made
comments.
ACTION TAKEN
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Bakersfield, California, September 8, 2010 - Page 2
6. PUBLIC STATEMENTS ACTION TAKEN
a. Robert Melton, President of Bakersfield
Firefighters Local 246, and Derek Tisinger spoke
regarding Hearing Item 12.a., Impasse Hearing
for Fire Labor negotiations; and Mr. Melton
provided handouts.
b. Jaime Briceno and Jim Alfter, cement
contractor, spoke regarding Deferred Business
Item 14.a., annual contract for concrete.
C. Laurie Weir, member of the Kern County
Animal Control Commission, spoke regarding
the large number of euthanized animals and
encouraged the City Council to step up
enforcement of licensing as a City body.
Councilmember Sullivan referred the matter of
animal licensing enforcement to the Legislative
and Litigation Committee.
7. APPOINTMENTS
a. One appointment to the Planning Commission
due to the loss of Thomas McGinnis (Ward 4),
whose term was to expire April 30, 2014.
Motion by Councilmember Couch to appoint APPROVED
Barbara Lomas to the Planning Commission,
term expiring April 30, 2014.
8. CONSENT CALENDAR
Minutes:
a, Approval of minutes of the August 11, 2010
Regular City Council Meeting.
Payments:
b. Approval of department payments from ABS WEIR, COUCH
July 27, 2010 to August 26, 2010 in the amount
of $35,019,740.84 and self- insurance payments
from July 27, 2010 to August 26, 2010 in the
amount of $567,029.49.
F:
8.
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Bakersfield, California, September 8, 2010 - Page 3
CONSENT CALENDAR continued
Ordinances:
C. Adoption of Ordinance approving the
Negative Declaration and amending the
Official Zoning Map in Title 17 of the Municipal
Code from A (Agriculture) to R -2 /PUD (Limited
Multiple Family Dwelling /Planned Unit
Development) on 4.78 acres and from A to R -1
(One Family Dwelling) on 11.26 acres located
along the east side of Stine Road, between
McKee Road and Taff Highway. (GPA /ZC
10 -0045) (Applicant Max P. Bacerra &
Associates/ Property Owners: Samir & Anu
Mohan and Panama Buena Vista School
District) (FR 08111/10)
d. Adoption of Ordinance approving a Notice of
Exemption and approving the amendment to
Title 17 of the Municipal Code by modifying four
conditions of approval for ZC No. 06 -0463
located along the south side of Berkshire Road,
generally west of Ashe Road. (GPA /ZC
10 -0157) (Applicant: MSW Architectural &
Engineering, Inc. /Property Owner: Moran
Development) (FR 08111/10)
e. Adoption of Ordinance amending Title 17 of
the Municipal Code from Kern County Zone
Districts A (Exclusive Agriculture), M -2 PD
(Medium Industrial - Precise Development) and
R -1 (Low Density Residential) to City Zone District
(C -2 /PCD (Regional Commercial /Planned
Commercial Development), C -O /PCD
(Professional and Administrative Office /Planned
Commercial Development) and M -2 (General
Manufacturing on approximately 323.71 acres
generally located southeast and southwest of
the intersection at Coffee Road and Seventh
Standard Road. (GPA /ZC 06 -2247 Saco Ranch)
(Applicant: McIntosh & Associates /Property
Owner: Bidart Bros.) (FR 08111/10)
ACTION TAKEN
ORD 4625
ORD 4626
ORD 4627
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1 21 Bakersfield, California, September 8, 2010 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
Adoption of Ordinance amending the Official ORD 4628
Zoning Map in Title 17 of the Municipal Code
from R -1 (One Family Dwelling), C -2 (Regional
Commercial), OS (Open Space), M -1 (Light
Manufacturing) and M -2 (General
Manufacturing) to R -3 /PUD (Multiple Family
Dwelling /Planned Unit Development), C -C /PCD
(Commercial Center /Planned Commercial
Development) and C -2 /PCD (Regional
Commercial /Planned Commercial
Development) on approximately 236 acres
located north of Brimhall Road generally east
and west of Coffee Road. (GPA /ZC 06 -1877
Bakersfield Commons) (Applicant: Coffee -
Brimhall, LLC (Latham & Watkins LLP) /Property
Owner: World Oil Corp.) (FR 08111/10)
Resolutions:
Resolution approving pproving Emergency Operations RES 102 -10
Plan.
h, Resolution adding territory, Area 4 -96 (1300 R RES 103 -10
Street) to the Consolidated Maintenance
District, confirming the assessment, approving ji
the Public Works Director's Report and
authorizing collection of assessment by the Kern
County Tax Collector.
Resolution approving application proposing RES 104 -10
proceedings for annexation of uninhabited
territory to the City identified as Annexation
No. 548 consisting of 570.56 acres located
along the south side of Stockdale Highway,
west of Renfro Road, east of Nord Avenue.
Resolution approving application proposing RES 105 -10
proceedings for annexation of uninhabited
territory to the City identified as 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.
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Bakersfield, California, September 8, 2010 - Page 5
8. CONSENT CALENDAR continued
k. Resolution approving application proposing
proceedings for annexation of uninhabited
territory to the City identified as Annexation
No. 608 consisting of 321.72 acres generally
located southeast and southwest of the
intersection of Coffee Road and Seventh
Standard Road, west of the Union Pacific
Railroad tracks.
Annexation No. 626 - Compagnoni No. 1:
1. Resolution approving application
proposing proceedings for annexation of
uninhabited territory to the City identified
as Annexation No. 626 consisting of 33.68
acres located along the south side of
Taff Highway, on the east and west side
of Compagnoni Street.
2. Agreement with County of Kern
regarding apportionment of tax
revenues upon annexation of territory
(Annexation No. 626- Compagnoni) to
the City.
M. Resolution determining that bidding for City
radio communications equipment cannot be
reasonably obtained through the usual bidding
procedures because of the need to integrate
into the existing City radio infrastructure and
authorizing the Finance Director to dispense
with bidding therefore, not to exceed $111,000.
n. Purchase of SolarBee solar powered water
circulation equipment:
Resolution determining that SolarBee
solar - powered water circulation and
treatment equipment for a recharge
pond cannot be obtained through the
usual bidding procedures and
authorizing the Finance Director to
dispense with bidding therefore, not to
exceed $45,000.00.
2. Agreement with SolarBee, Inc. (not to
exceed $45,000) for the purchase,
delivery and startup of a solar powered
water circulation device for the lakes
located at the Park at River Walk.
ACTION TAKEN
RES 106 -10
RES 107 -10
AGR 10 -115
RES 108 -10
RES 109 -10
AGR 10 -116
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Bakersfield, California, September 8, 2010 - Page 6
8. CONSENT CALENDAR continued
Item 8.n. continued
3. Appropriate $45,000 Domestic Water
Fund Balance to the Water Resources
Department Operating Budget.
o. Sewer connection fee assessments for 1801
Wade Avenue:
1. Resolution confirming assessments for
sewer connection fee and authorizing
the collection of assessment by the Kern
County Tax Collector.
2. Agreement with B.F. Slag, LLC (Agent,
William A. Beeghly) to pay sewer
connection fee in installments and
notice of special assessment lien.
Agreements:
P. Transportation Impact Fee Agreements with
Towery Homes, Inc. for:
1. Improvements on Renfro Road (not to
exceed $17,018).
2. Improvements on Jewetta Avenue (not
to exceed $141,319).
q. Common Use Agreement with Kern Delta Water
District for right of entry to Hosking Avenue
Canal Crossing at Kern Island Canal to maintain
a canal crossing as well as existing pavement,
curb gutter and sidewalk and future
improvements on Hosking Avenue at South H
Street.
Agreement with Bethany Services /Bakersfield
Homeless Center ($62,000 ESG funds) to support
the operating costs for facility located at 1600
E. Truxtun Avenue.
S. Agreement with Bakersfield Rescue Mission
($62,000 ESG funds) to support the operating
costs for facility located at 816 E. 21 sr Street.
Agreement with Alliance Against Family
Violence and Sexual Assault ($16,024 ESG
funds) to support the operating costs to
continue services (administrative address -
1600 E. Truxtun Avenue).
ACTION TAKEN
RES 110 -10
AGR 10 -117
AGR 10 -118
AGR 10 -119
AGR 10 -120
AGR 10 -121
AGR 10 -122
AGR 10 -123
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Bakersfield, California, September 8, 2010 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
U. Agreement with SMG ($60,000) to reimburse AGR 10 -124
costs associated with renting the Rabobank
Arena for the Christian Congregation of
Jehovah's Witnesses 2011 conventions.
V. Assignment Agreement with Bakersfield AGR 10 -125
Redevelopment Agency ($1,400,000 HOME
Investment Partnership funds) for the housing
component of a mixed use building located at
525 19th Street.
W. Agreement with Griswold, LaSalle, Cobb, Dowd AGR 10 -126
& Gin, LLP ($260,000) for legal services for
Thomas Road Improvement Projects. (TRIP)
Amendment No. 4 to Agreement No. 06 -324 AGR 06- 324(4)
with RM Industries ($80,000; revised not to
exceed $400,000 and extend term one year) for
Amtrak Station janitorial and hardscape
maintenance.
Y. Amendment No. 1 to Agreement No. 09 -122
AGR 09- 122(1)
with Granite Construction Co. ($500,000; revised
not to exceed $1,000,000 and extend term one
year) for HUD street materials.
Z. Amendment No. 2 to Agreement No. 08 -237 AGR 08- 237(2)
with Pickinpaugh Concrete Construction, Inc.
($100,000; revised not to exceed $200,000 and
extend term for one year) for block wall repair.
aa. Amendment No. 4 to Agreement No. 05 -008 AGR 05- 008(4)
with Kennedy /Jenks Consultants ($8,500;
revised not to exceed $516,400) to further
analyze the effects of the proposed South
Bakersfield Water Treatment Plant on southern
portion of the City's Domestic Water System.
Bids:
bb. Median Island Improvements, Hosking Avenue
from Fighting Irish Drive to Tobias Creek Way:
1. Accept bid and approve contract with AGR 10 -127
Clean Cut Landscape ($55,060).
2. Appropriate $27,614 developer share of
project costs and $32,386 Gas Tax Fund
Balance to the Public Works Department
Capital Improvement Budget within the
Gas Tax Fund.
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8. CONSENT CALENDAR continued ACTION TAKEN
CC.
Accept bid and approve contract with Brown
REMOVED FOR
& Fowler Construction, Inc. ($284,743) for the
SEPARATE
construction of the Lowell Park Restroom
CONSIDERATION
Facility.
dd.
Accept bid and approve contract with
AGR 10 -129
Sterndahl Enterprises, Inc. ($41,187.80) to
construct bike lanes - various streets.
ee.
Accept bid and approve contract with Kern
AGR 10 -130
Pacific Construction ($146,542) to construct
Sewer Rehabilitation - Owens Street Project.
ff.
Accept bid and approve annual contract with
Crop Production Services (not to exceed
AGR 10 -131
$375,898.94) for the supply of chemical
insecticides /herbicides.
gg.
Accept bid from Golden State Peterbilt
($312,845.03) for two replacement front loader
refuse truck cab and chassis for the Solid Waste
Division.
hh. Accept bid from Golf Ventures West
($143,914.55) for two replacement and one
additional diesel powered rotary mowers for
Recreation and Parks.
ii. Accept bid from Jim Burke Ford ($357,625.16)
for four replacement aerial lift trucks for the
General Services Division.
Miscellaneous:
Appropriate $345,492 Federal Grant Revenues
(Avoid the 18 DUI Campaign - Kern County)
from the State Office of Traffic Safety to the
General Fund Police Operating Budget to fund
overtime for traffic enforcement strategies,
temporary clerical help, and to purchase
equipment, checkpoint supplies and services
for the Police Department Traffic Division.
kk. Appropriate $489,445 Federal Grant Revenues
(Selective Traffic Enforcement Program) from
the State Office of Traffic Safety to the General
Fund Police Operating Budget to fund overtime
for traffic enforcement strategies and to
purchase checkpoint supplies and services for
the Police Department Traffic Division.
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Bakersfield, California, September 8, 2010 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
II. Appropriate $382,488 State Grant Revenues
(CAL -GRIP Grant from the Office of Emergency
Services) to the General Fund Police Operating
Budget to implement a Safe Community
Partnership Strategy to reduce gang violence.
mm. Department of Housing & Urban Development
(HUD), HOME Investment Partnership Action
Plan Amendment No. 2 (FY 10 /11); Amendment
No. 12 (FY 08/09) and Amendment No. 6
(FY 05/06).
Transfer $450,981 HOME Investment
Partnership Contingency funds and
$155,000 Housing Urban Bakersfield funds
within the Operating Budget in the
HOME Fund for the 19th Street Mixed Use
Project.
2. Transfer $33,484 Home New Construction
Assistance funds from the Capital
Improvement Budget to the Operating
Budget within the HOME Fund for the
19th Street Mixed Use Project.
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.
Councilmember Carson requested that item 8.cc. be
removed for separate consideration.
Motion by Vice -Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8.mm., with the removal
of items 8. cc. for separate consideration.
CC. Accept bid and approve contract with Brown AGR 10 -128
& Fowler Construction, Inc. ($284,743) for the
construction of the Lowell Park Restroom
Facility.
Motion by Councilmember Carson to adopt Consent APPROVED
Calendar item 8.cc.
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Bakersfield, California, September 8, 2010 - Page 10
9. CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN
None.
10. CLOSED SESSION
a, Conference with labor negotiator pursuant to
Government Code Section 54956,6.
Motion by Vice -Mayor Scrivner to adjourn to Closed APPROVED
Session at 5:45 p.m.
Motion by Councilmember Benham to adjourn from APPROVED
Closed Session at 6:10 p.m.
RECONVENED MEETING AT 6:24 p.m.
11. CLOSED SESSION ACTION
a. Conference with labor negotiator pursuant to NO REPORTABLE
Government Code Section 54956.6, ACTION
12. HEARINGS
a. Impasse Hearing for Fire Labor negotiations
pursuant to Municipal Code Section 2.76.130.
Resolution approving adoption of terms
and conditions of employment for the
Firefighters and Engineers Unit and the
Fire Supervisory Unit of the Fire
Department.
Hearing opened at 6:25 p.m.
Bill Avery, City's Labor Relations Representative and
Chief Negotiator, made comments.
Fire Chief Fraze made staff comments, and gave a
PowerPoint presentation explaining how the City
arrived at the recommendations.
City Manager Tandy made staff comments and
recommended adopting the Resolution.
Tom Sharpe, spokesperson and Legal Representative
for the Bakersfield Firefighters Labor Organization,
gave a PowerPoint presentation and spoke in
opposition to the ballot measure and the staff
recommendation.
Bakersfield, California, September 8, 2010 - Page 11
12. HEARINGS continued
Item 12.a, continued
Fire Captain Mark Cohen gave a PowerPoint
presentation, provided an explanation regarding the
operation of a Truck Company, and spoke in
opposition to the staff recommendation.
Fireman Jeff Heinle expressed his concerns regarding
the level of efficiency, spoke in opposition to the
staff recommendation, and suggested that the
decision on this matter be delayed for two weeks in
order to work out an alternative.
Hearing closed at 7:42 p.m.
Motion by Councilmember Carson to defer this matter
for two weeks and get answers from the City Manager
to questions, and look at other options, if any.
Councilmember Benham announced she would
support the motion; and pointed out that the
Firefighters have agreed that there will be no pay
increases, the pension issue is off the table, and the
staffing issue is something they feel strongly about;
and she feels there are some very powerful concerns
that need to be addressed about the staffing.
Councilmember Sullivan announced she would
support the motion.
Councilmember Benham stated she would like to
have the opportunity to have some questions
answered about what the risks are to the community
when one considers the potential closure of a station
versus the reduction in the staffing, and if we do give
this another 2 weeks that we try and cover some fresh
territory and revisit the 3 options that were presented 3
months ago.
Vice -Mayor Scrivner proposed a friendly amendment
that any alternative proposal would have to be
submitted by Wednesday, September 15"'.
In response to a question by Vice -Mayor Scrivner, City
Attorney Gennaro announced this matter would
come back to the next meeting under Deferred
Business, with the opportunity for both sides to speak
to the proposals for perhaps 15 minutes per side with
5- minute rebuttals per side.
ACTION TAKEN
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12.
13.
14.
15.
Bakersfield, California, September 8, 2010 - Page 12
HEARINGS continued
Item 12.a. continued ACTION TAKEN
Councilmember Couch announced he would support
the motion and asked staff to come up with
alternatives within the Fire Department budget, not
the entire City budget.
City Manager Tandy advised his invitation to provide
alternates was with reference to the Fire Department
only, and he will provide either the original or updated
versions of the non -sworn alternates.
Mayor Hall re- stated Councilmember Carson's motion
as follows: that this item be continued until the next APPROVED
Council meeting of September 22nd, and that all
information and proposals be in within a 7 -day period
for appropriate distribution of those suggestions and
recommendations.
Recess taken from 8:23 p.m. to 8:31 p.m.
REPORTS
None.
DEFERRED BUSINESS
a. Accept bid and approve annual contract with
Jim Alffer, Cement Contractor (not to exceed AGR 10 -132
$2,209,172) for concrete construction.
Finance Director Smith announced he was informed
by the City Attorney's Office that the protestor
contacted them today and advised they were not
going to pursue their protest any further; therefore staff
recommends approval of the contract.
Motion by Vice -Mayor Scrivner to accept the bid and
award contract to Jim Alffer, Cement Contractor. APPROVED
NEW BUSINESS
None.
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Bakersfield, California, September 8, 2010 -Page 13
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham advised she received
comments regarding concerns about park and
neighborhood safety, as well as littering and other
quality of life concerns. She advised that she will
continue to work closely with the BPD, Recreation and
Parks, and members of the community to address
those concerns. She has already started
discussions with City staff about limiting hours and
alcohol use in parks that are located in residential
areas, and will continue to focus on this.
Councilmember Benham referred to the Safe
Neighborhoods Committee the task to explore some
creative strategies which might be effective, given our
severe budget climate, that this Committee previously
utilized such as volunteers for park patrols for the really
heavily used parks, and get creative about some kind
of partnership with local media for some anti - littering
campaigns.
Councilmember Carson advised she had the
opportunity to attend the Financial Crisis Inquiry
Commission meeting that was held at the Board of
Supervisors on Tuesday, and she learned a lot from
many of the presenters and the local bankers,
community banks and the residents about the
foreclosure problem in our area. She asked staff to
provide a progress report regarding the stimulus
money the City received for foreclosures.
Councilmember Sullivan lamented about the trash
littering our freeways, likes the idea of an anti - littering
campaign, and would appreciate the assistance of
our newspaper and television media as a continual
reminder not to litter.
Councilmember Sullivan advised she is glad that
Laurie Weir gave a presentation regarding the animal
control problem and thinks the City needs to do some
work on that.
ACTION TAKEN
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Bakersfield, California, September 8, 2010 - Page 14
17. ADJOURNMENT ACTION TAKEN
Mayor Hall adjourned the meeting at 8:43 p.m.
ATTEST:
CITY CLERK and Ex O i o Clerk of
the Council of the City of Bakersfield
911,