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
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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
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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
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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)
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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
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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.
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10.
11.
12.
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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.
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Bakersfield, California, September 22, 2010 - Page 9
14. DEFERRED BUSINESS ACTION TAKEN
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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.
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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.
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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
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Bakersfield, California, September 22, 2010 — Page 12
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