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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 IC40 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. 1`1 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 1041 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. 91 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 10� A � 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 9 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. Q 11 C Bakersfield, California, September 8, 2010 - Page 8 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. IG47 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. 101SO 4L 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 'C49 JL 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. 9 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 1051 �C5? 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,