Loading...
HomeMy WebLinkAbout09/22/10 CC MINUTESBAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 22, 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. City Clerk Gafford announced that, at staff's request, Closed Session Item 10.a. was pulled from the Agenda. 2. INVOCATION by Pastor John May, Rio Bravo Valley Baptist Church. 3. PLEDGE OF ALLEGIANCE by Stephan Potter, 7th grade student at Fruitvale Jr. High School. Mayor Hall acknowledged the political science classes from CSUB and Bakersfield College in attendance at the meeting to learn about City government. 4. WORKSHOPS None. 5. PRESENTATIONS a. Presentation by Councilmember Benham of Proclamation to Antonia Valpredo declaring October 3, 2010, Luigi's Day. Ms. Valpredo accepted the Proclamation and made comments. b. Presentation by Mayor Hall of Proclamation to Links for Life representatives declaring October, 2010, Paint the Town Pink Month, Stacy Crooks received the Proclamation and made comments. ACTION TAKEN 1.053 S 5 C1 Bakersfield, California, September 22, 2010 - Page 2 PRESENTATIONS continued C. Presentation by Mayor Hall of Proclamation to Brian Mendiburu declaring October 10, 2010, Nancy Ann Mendiburu Cancer Fighter Day. Mr. Mendiburu accepted the Proclamation and made comments. PUBLIC STATEMENTS a. Billy Owens, President of the City of Bakersfield Blue and White workers, Guy Bowers, Anti - Graffiti Program employee, Tiffany Horton, GIS Department employee; Michael Hollon, IT Division employee, spoke regarding Deferred Business Item 14.a.; and Mr. Owens made a PowerPoint presentation. b. Empress Nontsikelelo, spoke regarding the Southeast Bakersfield Community Emergency Response Team Disaster Preparedness Expo on October 23, 2010, at the Martin Luther King Community Center, and provided handouts. C. Marvin Dean spoke regarding Consent Calendar items 8.c., d., I., m., x., and Deferred Business item 14.a. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 8, 2010 Regular City Council Meeting. Payments: C. Approval of department payments from August 27, 2010 to September 9, 2010 in the amount of $21,709,906.92 and self- insurance payments from August 27, 2010 to September 9, 2010 in the amount of $152,842.03. Ordinances: None. ACTION TAKEN ABS WEIR, COUCH D D Bakersfield, California, September 22, 2010 — Page 3 8. CONSENT CALENDAR continued Resolutions: C. Resolution authorizing the application for State grant funds ($1,400,000) for the Parkview Cottages and participation in the Building Equity and Growth in Neighborhoods (BEGIN) Program including execution of a standard agreement or other documents to secure funding from the California Department of Housing and Community Development (HCD), d. Resolution authorizing the application for State grant funds ($1,800,000) and participation in the Building Equity and Growth in Neighborhoods (BEGIN) Program for the Creekview Villas including execution of a standard agreement or other documents to secure funding from the California Department of Housing and Community Development (HCD), e. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and the demolishment of dangerous buildings and authorize collection of the assessments by the Kern County Tax Collector. f. Resolution supporting preparation of a new Metropolitan Bakersfield Habitat Conservation Plan and extensions of time of the current plan's existing permits with the U.S. Fish and Wildlife Service and the California Department of Fish and Game. (Planning & Development Committee) g. Resolution of Intention No. 1674 to form a Traffic Signal Maintenance District designated at TS -21 (Stockdale, Allen SE & NE) and preliminarily adopting, confirming and approving the Public Works Director's Report. ACTION TAKEN RES 111 -10 RES 112 -10 RES 113 -10 RES 114 -10 ROI 1674 1055 r, r, JL V 0 E Bakersfield, California, September 22, 2010 - Page 4 CONSENT CALENDAR continued ACTION TAKEN h, Resolution of Intention No. 1675 to add territory, R01 1675 Area 2 -45 (12225 & 12775 Stockdale Highway) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. Agreements: i. 2011 Healthcare Agreements; 1. Agreement with Anthem Blue Cross for AGR 10 -133 PPO health insurance for eligible employees. 2. Agreement with Anthem Blue Cross for AGR 10 -134 PPO health insurance for eligible retired employees. 3. Agreement with Anthem Blue Cross for AGR 10 -135 HMO medical insurance for eligible employees. 4. Amendment No. 2 to Agreement AGR 08- 164(2) No. 08 -164 with Anthem Blue Cross Senior Secure for medical insurance for Medicare eligible retired employees. 5. Amendment No. 6 to Agreement AGR 05- 417(6) No. 05 -417 with Kaiser Permanente - Managed Care Health Plans for medical insurance for eligible employees. 6. Agreement with Kaiser Permanente - AGR 10 -136 Managed Care Health Plans for medical insurance for eligible retired employees. 7. Agreement with Kaiser Permanente - AGR 10 -137 Managed Care Health Plans for medical insurance for Medicare eligible retired employees. 8. Agreement with Medical Eye Services AGR 10 -138 (MES) for vision insurance for eligible employees. 9. Agreement with Medical Eye Services AGR 10 -139 (MES) for vision insurance for eligible retired employees. Bakersfield, California, September 22, 2010 - Page 5 8. CONSENT CALENDAR continued Item 8.i. continued 10. Agreement with Pacific Union Dental for pre -paid dental insurance for eligible employees. 11. Agreement with Pacific Union Dental for pre -paid dental insurance for eligible retired employees, 12. Agreement with PacifiCare Behavioral Health of California for emotional health care insurance for eligible employees. 13. Agreement with PacifiCare Behavioral Health of California for emotional health care insurance for eligible retired employees. 14. Amendment No. 4 to Agreement No. 06 -337 with Fort Dearborn Life Insurance Co. for life insurance for eligible employees. 15. Amendment No. 3 to Agreement No. 08 -019 with HealthComp, Inc. for any employee unreimbursed medical and dependent care expenses under IRS Section 125. j. Wastewater Treatment Plant No. 3 - 2007 Expansion Project; Amendment No. 4 to Agreement No. 06 -388 with Jacobs Project Management Co. ($30,000; revised not to exceed $7,930,000) for additional construction management services for the project and assignment of agreement to Jacobs Project Management Co. (previously Jacobs Civil, Inc.) 2. Appropriate $30,000 Sewer Enterprise fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department Capital Improvement Budget to fund this amendment. ACTION TAKEN AGR 10 -140 AGR 10 -141 AGR 10 -142 AGR 10 -143 AGR 06- 337(4) AGR 08- 019(3) AGR 06- 388(4) �c-Y �. , ta J.Ct8 Bakersfield, California, September 22, 2010 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN Amendment No. 3 to Agreement No. 07 -184 with Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P. ($50,000; revised not to exceed $200,000) to provide outside legal services for right -of- way /eminent domain cases for the Westside Parkway, (TRIP) Contract Change Order Nos. 2 and 3 to Agreement No, 08 -214 with Security Paving Co., Inc. ($414,396; revised not to exceed $28,219,665.81) for the construction of the Westside Parkway Phase I Project. (TRIP) M. Contract Change Order No. 6 to Agreement No. 09 -076 with Security Paving Co., Inc. ($61,463.25; revised not exceed $78,014,098,47) for the construction of the Westside Parkway Phase II Project. (TRIP) n. Contract Change Order No. 1 to Agreement No. 10 -021 with Turnupseed Electric Service, Inc. ($22,152.87; revised not to exceed $130,217.87) for the Traffic Monitoring Cameras 08 -09 Project. Bids: o. Accept bid from Kelly Equipment ($1,455,312.98) for five replacement rear broom street sweepers for the Streets Division. P. Accept base bid and additive alternate from Cummins West, Inc, ($61,495.34) for the engine replacement on a 1996 Champion 710A motor grader in use in the Streets Division. q. Accept bid from Coastline Equipment ($50,317.50) for the engine replacement on a 1982 John Deere JD770A motor grader in use in the Solid Waste Division, AGR 07- 184(3) AGR 08 -214 CCO2, CCO3 AGR 09 -076 CCO6 AGR 10 -021 CCOi 9 A Bakersfield, California, September 22, 2010 - Page 7 CONSENT CALENDAR continued ACTION TAKEN r, Side loading refuse truck for the Solid Waste Division; 1. Accept bid from Golden State Peterbilt, ($306,203.05) for one additional side loading refuse truck. 2. Transfer $306,203 from the Refuse Fund to the Equipment Management fund to facilitate the purchase of the additional refuse truck. S. Accept bid from Quinn Co. ($55,187.26) for the engine replacement on a 1995 Caterpillar IT28F loader in use in the Water Resources Department. t. Accept bid and additive alternate from Quinn Co. ($157,563.29) for the engine replacement on a 1996 Caterpillar D8R tractor in use in the Water Resources Department. U. Accept bid and approve annual contract with AGR 10 -144 Ennis Paint, Inc. ($148,221.31) for the supply of traffic paint. V. Accept bid and approve contract with Graham Prewett, Inc. ($272,000) for the roof AGR 10 -145 replacement at City Hall South. W. Accept bid and approve annual contract with AGR 10 -146 Bowman Asphalt, Inc. (not to exceed $6,992,484.53) for the supply of street materials. Miscellaneous: X. Appropriate $600,000 Southeast Redevelopment Project Area Fund Balance - $500,000 to Capital Improvement Budget - Street Improvements for South Mill Creek Village and $100,000 to the Operating Budget for Land and Improvements within the Southeast Redevelopment Fund. Y. Appropriate $203,793 Federal Grant Revenues (Edward Byrne Memorial Justice Assistance Grant from the U.S. Dept. of Justice) to the General Fund Police Operating Budget for crime analysis software and directed policing overtime. � �n xQ�L� 1.1 9. 10. 11. 12. 13. Bakersfield, California, September 22, 2010 - Page 8 CONSENT CALENDAR continued ACTION TAKEN Z. Appropriate $30,000 Federal Grant Revenues (Arrive Alive Sober Driving Coalition ll, Bakersfield Eastside DUI Corridor Safety Project, Grant No. AL10109 from State Office of Traffic Safety) to the General Fund Police Operating Budget to fund overtime for traffic enforcement strategies along State Routes 178 and 58 within the greater Bakersfield area. City Clerk Gafford announced correspondence was received from Bakersfield Firefighters Labor Organization and staff regarding Consent Calendar item 8. o. 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. Motion by Vice -Mayor Scrivner to adopt Consent Calendar items 8.a. through 8.z. APPROVED CONSENT CALENDAR PUBLIC HEARINGS None. CLOSED SESSION a. Conference with labor negotiator pursuant to PULLED FROM Government Code Section 54957.6. AGENDA CLOSED SESSION ACTION None. HEARINGS None. REPORTS None. F` 10C4 Bakersfield, California, September 22, 2010 - Page 9 14. DEFERRED BUSINESS ACTION TAKEN ik a. Impasse Hearing for Fire Labor negotiations pursuant to Municipal Code Section 2.76.130. (Item heard at 09108110 meeting.) 1. Resolution approving adoption of terms RES 115 -10 and conditions of employment for the Firefighters and Engineers Unit and the Fire Supervisory Unit of the Fire Department. City Clerk Gafford announced this item was heard at the Council Meeting of September 8rh, and correspondence was received from Bakersfield Firefighters Labor Organization and staff regarding this item. Hearing opened at 5:45 p.m. City Manager Tandy made staff comments and recommended the imposition of the last, best and final offer staffing removal language, because of the multiple layers of financial difficulty, as outlined in the Resolution. Tom Sharp, spokesperson and Chief Negotiator for BFLO, spoke in opposition and proposed holding in abeyance the totality of the staffing language and to allow modification of that staffing language during the term of a one -year contract, and address these issues during labor negotiations in five months. City Manager Tandy made rebuttal comments in support of the staff recommendation. Tom Sharp made rebuttal comments in opposition to the staff recommendation. Robert Melton, Bakersfield Firefighters Labor Organization president, made rebuttal comments in opposition to the staff recommendation. Hearing closed at 6:14 p.m. Motion by Councilmember Weir to approve staff's recommendation of the imposition of the last, best and final offer which would allow for the removal of staffing language contained in the BFLO contract. xoc� Bakersfield, California, September 22, 2010 - Page 10 14. DEFERRED BUSINESS continued ACTION TAKEN Item 14.a, continued Councilmember Hanson announced he would support the motion. Councilmember Benham stated that she was not convinced that a decision is necessary this evening. Councilmember Couch announced for the record that the action from the staff recommendation to remove the staffing language is not just so Fire Management staff or the City Administration or the City Council can gain control, it is to address the City's budget shortfall and to keep the already adopted budget in balance. Councilmember Sullivan advised she would support the motion. Councilmember Benham announced that, having listened to her colleagues this evening, she does not think there is any point in holding out for a further delay in making a decision on this matter. City Attorney Gennaro re- stated the motion as follows. APPROVED Councilmember Weir made a motion to move staff recommendation, and that recommendation is highlighted in the Administrative Report dated September 22, 2010, which is that "staff recommends Council adopt the Resolution imposing the last, best and final offer, as presented by the City to the Bakersfield Firefighters Labor Organization on August 2, 2010, and again on August 11, 2010, and is provided in the attached Terms and Conditions of Employment ". 15. NEW BUSINESS None. 16. COUNCIL AND MAYOR STATEMENTS Councilmember Benham asked Police and Public Works staff to look into a parking enforcement issue at Cay Health Food Store on 181h Street. Councilmember Benham asked staff to respond to correspondence from the Kern Veterans Memorial Foundation. �0C;3 Bakersfield, California, September 22, 2010 - Page 11 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN In response to a request by Councilmember Hanson Public Works Director clarified a comment made during Public Statements regarding Consent Calendar Item 8.1. and m. Councilmember Couch announced he would like to speak to Water Resources Manager Chianello after the meeting. Mayor Hall announced that the Mayor's Freeway Litter Pickup Program will recommence on October 23rd, and he provided the Council with a memorandum that identifies all of the dates and invited anyone to participate; encouraged the community to help by not littering; and asked Police Department staff to make a concerted effort to enforce the law regarding uncovered loads. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 7:08 p.m. ATTEST; MAYOR of the City of Bakersfield, &;� 'dli� - CITY CLERK and Ex icio Clerk of the Council of the C ptvycof Bakersfield '100: Bakersfield, California, September 22, 2010 — Page 12 * ** *THIS PAGE INTENTIONALLY LEFT BLANK * * **