Loading...
HomeMy WebLinkAbout02/09/05_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA FEBRUARY9,2005 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvened at 6:30 p.m. REGULAR MEETING- 5:15 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS (Regarding Closed Session item(s) only during this portion of the meeting) 3. CLOSED SESSION Closed Session pursuant to Government Code Section 54957.6; Conference with Labor Negotiator William Avery. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9; Bakersfield Fireman Labor Organization v. City, et al. RECONVENED MEETING - 6:30 p.m. 4. ROLL CALL 5. INVOCATION by Pastor Wendell Vinson, Canyon Hills Assembly of God 6. PLEDGE OF ALLEGIANCE by Natalie Kobliska, 8th Grade Student, St. Francis School 7. CLOSED SESSION ACTION 8. PRESENTATIONS Presentation by Mayor Hall of Proclamation to Mark Baumruk, President, American Society of Civil Engineers Southern San Joaquin Branch, proclaiming February 21- 26, 2005, as "National Engineers Week". Presentation by Mayor Hall of Proclamation to Barbara Sandrini, President, Assistance League of Bakersfield, proclaiming February 16, 2005, as "Assistance League Day". Presentation by Councilmember Irma Carson of Mayor's Proclamation to Bernita Jenkins, representing the community, proclaiming February, 2005, as "Black History Month". 9. PUBLIC STATEMENTS 10. APPOINTMENTS One appointment to Fire Civil Service Board due to the expiration of term of Jeffrey Vetter, term expired December 31, 2004. Staff recommends Council determination. 11. CONSENT CALENDAR Minutes: a. Approval of minutes of the January 26, 2005 Council Meeting. Payments; Approval of department payments from January 14, 2005 to January 27, 2005 in the amount of $6,082,679.31 and self insurance payments from January 14, 2005 to January 27, 2005 in the amount of $134,639.58. Ordinances: Resolutions: Agreements: (Ward 4, 5, 6,7) C. (Ward 4) e. 0Nard 1) (~Vard 3) g. Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with McMillin Madison Grove, LLC, for Tract 5993 Phase 8 located south of Snow Road and west of Calloway Drive. Final Map and Improvement Agreements with McMillin South San Lauren, LLC, for Tract 6042 Phase 4 located south of Krebs Road and west of Mohawk Street. Final Map and Improvement Agreement with Fairway Oaks South L. P. for Tract 6079 Unit 3 located north of Harris Road and west of Old River Road. Final Map and Improvement Agreement with San Joaquin Development Group II, LLC, for Tract 6152 Phase 4 located south of McKee Road and east of Akers Road. Final Maps and Improvement Agreements with Almond Tree, LLC, for Tract 6155 Phases 1, 2, 3, and 4 located north of Hosking Avenue and west of South Union Avenue. Final Maps and Improvement Agreements with J & L Gardiner, LLC, for Tract 6234 Units 3 and 4 located north of Noriega Road and west of Old Farm Road. Final Map and Improvement Agreements with TDB Land, LLC, for Tract 6230 Unit 1 located south of Rosedale Highway and west of Allen Road. Contracts for legal services: 1. Agreement with Clifford & Brown ($280,000.00) for outside legal services. 2. Agreement with Marderosian, Runyan, et al ($485,000.00) for outside legal services. Agreement with Lennar Homes of California, Inc. to purchase real property located west of Allen Road and north of Noriega Road for $120,000.00 for a water well site. Assignment of Lease No. 03-325 from Charles Douglas to Kurt Sickles for Hangar A8. Agreement with Pulte Homes/Del Webb for acquisition of offsite real property interest for property located on the east side of Miramonte Drive near Casa Club Drive. 2 11. (Ward 2) 0Nard 1,3,4,5) j. (Ward 6) CONSENT CALENDAR continued Bids: 0Nard 5,6) m. Agreement with 5301 Partners, LLC ($13,000.00) for reimbursement for street improvements (right turn deceleration lane) on Truxtun Avenue at Commercial Way. i. Environmental Impact Repod Processing: Agreement with Northcutt and Associates (not to exceed $100,000.00 for a term of one year) to assist Planning Depadment staff with the processing of Environmental Impact Reports. Appropriate $100,000.00 developer's contribution to the Development Services operating budget. Agreements to Indemnify LAFCO for City Annexations identified as: Annexation No. 467, Proceeding No. 1400 of uninhabited territory consisting of Approximately 640 acres located generally south of State Route 178, east of Miramonte Drive (south of Rio Bravo Development). Annexation No. 459, Proceeding No. 1401 of uninhabited territory consisting of 0.2 acres located south of Brite Street (south of Hwy. 58) generally between South H Street and Oleander Street. 4 Annexation No. 440, Proceeding No. 1403 of uninhabited territory consisting of Approximately 300 acres located at the southwest corner of Gosford Road and Panama Lane. Annexation No. 453, Proceeding No. 1404 of uninhabited territory consisting of 4 acres and 58 acres located in two separate areas as follows: north of Rosedale Highway, generally west of Henry Lane and generally south of Panama Lane, and Generally east of Cottonwood Road. Amendment No. 2 to Agreement No. 03-238 with Marden Susco to change contractor's name to Hughes Supply CA LLC. Amendment No. 1 to Contract No. 04-214 with Parsons Water and Infrastructure ($370,790.00, for a total contract amount of $3,696,566.00) to provide additional design services for the Wastewater Treatment Plant 3 - 2007 Expansion. Intersection widening and traffic signal modifications on Ming Avenue at Ashe Road and Ming Avenue at New Stine Road: 1. Accept bid and award contract to Granite Construction Company ($1,197,550.60). Appropriate $365,000.00 Transportation Development Funds to the Capital Improvement Budget within the Transportation Development Fund. Accept bid to award annual contract to San Joaquin Fence & Supply (not to exceed budgeted amount of $150,000.00) to furnish and install fencing around various City properties and canals. Accept bid to award annual contract to Office Depot (not to exceed budgeted amount of $300,000.00) for office supplies. 3 11. CONSENT CALENDAR continued 0Nard 3) (Ward 2) 12. 13. 14. Miscellaneous: p. Transportation Development Act Funds: Appropriate $115,000.00 Transportation Development Act Article 3 Grant for construction of bicycle lanes on Panorama Drive to the Capital Improvement Budget within the Bikeway and Pedestrian Pathway Fund. Appropriate $2,400.00 Transportation Development Act Article 3 Grant for bicycle storage lockers at the Ice Sports Center to the Capital Improvement Budge within the Bikeway and Pedestrian Pathway Fund. Staff recommends adoption of Consent Calendar items a through p. NEW BUSINESS Resolution approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the City's Vehicle License Fee (VLF) Receivable from the State; and directing and authorizing certain other actions in connections therewith. Staff recommends adoption of resolution. b. Naming Rights Agreement with Rabobank, Valley Independent Bank and SMG. Staff recommends approval of agreement with Rabobank, which names City facilities the "Rabobank Arena, Theater and Convention Center"in exchange for payments of $2.5 million over ten years. COUNCIL AND MAYOR STATEMENTS ADJOURNMENT Respectively submitted, Alan Tandy City Manager pi 02/03/05 2:35pm 4 AGENDA HIGHLIGHTS FEBRUARY 9, 2005 COUNCIL MEETING REGULAR MEETING 5:15 p.m. CLOSED SESSION There will be a conference with the labor negotiator, and with legal counsel regarding one case of existing litigation. CONTINUATION OF REGULAR MEETING - 6:30 p.m. APPOINTMENTS There will be one appointment to the Fire Civil Service Board. CONSENT CALENDAR Aq reements Item 11d. Aqreements for Leoal Services. There are two parts to this item: 1) Agreement with Clifford & Brown for legal services in the amount of $280,000; and 2) Agreement with Marderosian, Runyon, et al for legal services in the amount of $485,000. The terms of the agreements are for a period of 18 months. Both firms have defended the City with positive results in the past year. Outsourcing the majority of the City's litigation caseload has saved approximately $130,000 in salaries and improved Risk Management Claims experience ($1.3 million in 2003/04 vs. $400,000_+ to date in 2004/05). The agreement for the Marderosian firm is higher because they handle the more time consuming civil rights cases. The City will not be billed for internal costs, such as copy charges, legal research, or clerical time. There is a 30-day termination clause. Item 11g. Aqreement with Pulte Homes / Del Webb for Acquisition of Offsite Real Property Interest for Property Located on the East Side of Miramonte Drive near Casa Club Drive. The developer is required to secure an easement for construction and maintenance of drainage improvements on this property as a condition of approval for Vesting Tentative Tract No. 6160. Because of resistance from the offsite property owner, the developer requests assistance from the City. The developer will pay ail costs of acquisition. Item 11L Aqreement with Northcutt and Associates to Assist Planninq Department Staff with the Processinq of Environmental Impact Reports in an amount not to exceed $100,000 for a term of one year. In order to process a record number of projects requiring Environmental Impact Reports, it is necessary to hire a professional environmental consultant to assist Planning Department staff. Project applicants pay all costs. Northcutt and Associates has served this same r01e with various government agencies including Kern County Planning Department, Kern County Counsel's Office, City of California City and Santa Barbara County Resource Management Agency. The firm also served as interim Planning Director for both the City of Tehachapi and the City of Shaffer. Recently this firm successfully completed the Municipal Services Review necessary for LAFCO'S approval of the City of Bakersfield Sphere of Influence Amendment (2004). Item 11L Amendment No. 1 to Contract No. 04-214 with Parsons Water and Infrastructure to Provide Additional Desiqn Services for the Wastewater Treatment Plant 3 - 2007 Expansion ($3701790, for a total contract amount of $3,696,566). Originally, the plant expansion was to utilize water reclamation on farmland for the disposal of the treated effluent. But, due to the escalating price of farmland in the area, other options must be evaluated. Interest in residential development south of Taft Highway has also revealed the need for a Master Plan to serve areas south and west of Plant 3. The contract amendment includes additional work necessary to accomplish these goals, which is detailed in the administrative report. Agenda Highlights Februa~ 9,2005 Page 2 Bids Item 11m. Award Contract to Granite Construction Company for Intersection Wideninq and Traffic Siqnal Modifications on Minq Avenue at Ashe Road and Minq Avenue at New Stine Road in the amount of $1,197,550.60. The purpose of this project is to accommodate dual left turn lanes on Ming Avenue and New Stine, which will improve the capacity and operation of both signalized intersections. This project also includes modifications to the traffic signal and lighting systems. An appropriation of $365,000 is required due to the unanticipated increase in costs for construction materials and labor compared to when this project was originally budgeted. Three acceptable bids were received. Staff recommends award to Granite Construction Company. Miscellaneous Item 11p. Transoortation Develooment Act Funds. In July 2004, the Public Works Department submitted two applications for Transportation Development Act-Article 3, Bicycle and Pedestrian Facilities Funds, one for construction of bicycle lanes on Panorama Drive west of Thorner School ($115,000), and a second for bicycle storage lockers at Bakersfield Ice Sports Center ($2,400). On November 10, 2004, the City was notified that the grant requests were approved. Upon award of contract for these projects, Kern COG will issue payment to the City. Staff recommends appropriating these amounts to the Capital Improvement Budget within the Bikeway and Pedestrian Pathway Fund NEW BUSINESS Item 12a. Vehicle License Fee Receivable Funds. At the January 12, 2005 Council meeting, Assistant City Manager John W. Stinson made a presentation regarding Vehicle License Fee (VLF) Gap Loan Financing. Staff now requests approval of a resolution approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the City's VLF receivable from the State. The loan proceeds would be "one-time" funds and are to be used for additional street resudacing projects. Note: The sale of bonds is not a guaranteed event and there is the possibility that no bonds will be sold. The sale of the City's receivable is contingent upon California Statewide Communities Development Authority's (CSCDA) ability to market and sell the bonds, which will then provide them with the funding necessary to purchase the receivables. Item 12b. License and Naminq Riqhts Aqreement. Valley Independent Bank/Rabobank has accepted SMG's offer of the Naming Rights sponsorship of the Arena & Convention Center. If the City Council approves the agreement, Rabobank will pay $250,000 per year for ten years beginning on February 1, 2005, and the Arena & Convention Center will be renamed "Rabobank Arena, Theater & Convention Center." In addition to the Naming Rights fees, Rabobank will invest over $100,000 in new signage for the facility. The new signage will include exterior backlit signage, interior signage, resurfacing of the basketball floor and new Iogos for the ice rink and football field. The agreement contains a "buyout" after seven years under which the bank could opt to cancel the agreement in exchange for a $150,000 payout. The taxpayers bests interests are served by an agreement such as this that will bring in $2.5 million to help "balance the books" on the Convention Center, and which allows us to spend that amount of funding on other City priorities, such as street repairs. Approved: John W. Stinson, Assistant City Manager cc: Department Heads Rhonda Smiley, Administrator/PR City Manager's File City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 AGENDA SECTION: Closed Session TEM: ~. ~.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Carroll Hayden, Human Resources Manager January 31, 2005 CITY ATTORNEY APPROVED CITY MANAGER ~ Closed session pursuant to Government Code 54957.6; Conference with Labor Negotiator William Avery RECOMMENDATION: BACKGROUND: Janua~ 31, 2005, 1 t :02AM S:~ADMINRP'IACIosed Session Feb. 9, 05,dot ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 IAGENDA SECTION: Closed Session ITEM: .~, b' TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney February 1, 2005 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. Bakersfield Firemen Labor Organization v. City of Bakersfield, et al. United States District Court Case No. CIV-F-03-5645 REC TAG VG:do S:\COUNCIL\Cl Sess~Admins\04-05\l 1-17-04Existlit.doc,dot February 1, 2005, 2:02PM ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 AGENDA SECTION: Presentations ITEM: ~). TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall January 20, 2005 DEPARTMENT HEAD~ CITY ATTORNEY CITY MANAGER ~ Presentation by Mayor Hall of Proclamation to Mark Baumruk, President of American Society of Civil Engineers Southern San Joaquin Branch, proclaiming February 21-26, 2005, as ~National Engineers Week". RECOMMENDATION: BACKGROUND: ndw January 20, 2005, 4:32PM S:'dv~AYOR~ADMIN'uNATIONAL ENGINEERS WEEK 05.dot ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 AGENDA SECTION: Presentations ITEM: ~. JO, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall January 27, 2005 .~OVED DEPARTMENT HEAD-.~ CITY ATTORNEY CITYMANAGER Presentation by Mayor Hall of Proclamation to Barbara Sanddni, President of Assistance League of Bakersfield, proclaiming February 16, 2005, as 'Assistance League Day". RECOMMENDATION: BACKGROUND: ndw January 27, 2005, 3:31PM S:~MAYOR~ADMIN~ASSISTANCE LEAGUE DAY.dot ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 AGENDA SECTION: Presentations ITEM: ~), ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall January 28, 2005 DEPARTMENT H EAD.~i~ ATTORNEY C,~MA.^GER ~ .~ Presentation by Councilmember Irma Carson of Mayor's Proclamation to Bernita Jenkins, who is representing the community, proclaiming February, 2005, as "Black History Month". RECOMMENDATION: BACKGROUND: ndw January 28, 2005, 8:40AM S:~IAYOR~ADMIN~BLACK HISTORY MONTH ALT.dot ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 AGENDA SECTION: Appointments ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk February 2, 2005 APPROVED DEPARTMENT H EAD~,~ CITY ATTORNEY CITY MANAGER One appointment to the Fire Civil Service Board, due to the expiration of term of Jeffrey Vetter, term expired December 31, 2004. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Fire Civil Service Board due to the expiration of term of Jeffrey Vetter, whose term expired December 31, 2004. The news release for this recruitment was posted on November 19, 2004 and January 5, 2005. Applications for appointment have been received from the following: · Michael Shawn Brandon · Stuart Charles Gentry The Fire Civil Service Board is an advisory body to the City Council. It is composed of three (3) members, appointed by the full Council. Members must be residents of the City throughout their three-year term and shall have no connection with City government. The~Board formulates rules and regulations governing the selection, promotion and discipline of members of the Fire Department. All applicants have been encouraged to contact each councilmember regarding their interest and qualifications. Meetings are held the second Monday of each month at 3:00 p.m., at the Human Resources Testing Room, 1501 Truxtun Avenue, Bakersfield. pi February 1,2005, 9:28AM S;\Bds&Comm\BROA~FIRE~admin 2005.dot ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 TO: FROM: DATE: Honorable Mayor and City Council Pamela McCarthy, City Clerk January 31, 2005 AGENDA SECTION: Consent Calendar TEM: ,/~PPROVED DEPARTMENT HEAB /J~j RECOMMENDATION: Staffrecommendsapproval. BACKGROUND: SUBJECT: Approval of minutes of the January 26, 2005 Council Meeting. CITY ATTORNEY CITY MANAGER ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 27, 2005 APPROVED DEPARTMENT H EAD,~/~'~'~' CITY ATTORNEY .}c,7,'/,/' ~ CITY MANAGER ~ Approval of department payments from January 14, 2005 to January 27, 2005 in the amount of $6,082,679.31 and self insurance payments from January 14, 2005 to January 27, 2005 in the amount of $134,639.58. RECOMMENDATION: Staff recommends approval of payments totaling $6,217,318.89. BACKGROUND: klg January 27, 2005, 11:32AM S:\KimG\Forms & Lables~ADMIN~AP.doc ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 AGENDA SECTION: Consent Calendar ITEM: [[.~. TO: FROM: DATE: SUBJECT: (1) (2) (3) (4) (5) (6) (7) Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 25, 2005 Tract Maps and Improvement Agreements DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Final Map and Improvement Agreements with McMillin Madison Grove, LLC, for Tract 5993 Phase 8 located south of Snow Road and west of Calloway Drive. (Ward 4) Final Map and Improvement Agreements with McMillin South San Lauren, LLC, for Tract 6042 Phase 4 located south of Krebs Road and west of Mohawk Street. (Ward 4) Final Map and Improvement Agreement with Fairway Oaks South L. P. for Tract 6079 Unit 3 located north of Harris Road and west of Old River Road. (Ward 5) Final Map and Improvement Agreement with San Joaquin Development Group II, LLC, for Tract 6152 Phase 4 located south of McKee Road and east of Akers Road. (Ward Final Maps and Improvement Agreements with Almond Tree, LLC, for Tract 6155 Phases 1, 2, 3, and 4 located north Hosking Avenue and west of South Union Avenue. (Ward 7) Final Maps and Improvement Agreements with J & L Gardiner, LLC, for Tract 6234 Units 3 and 4 located north of Noriega Road and west of Old Farm Road. (Ward 4) Final Map and Improvement Agreements with TDB Land, LLC, for Tract 6230 Unit 1 located south of Rosedale Highway and west of Allen Road. (Ward 4) RECcOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: td These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. January 25. 2005, 1:44PM G:\GROUPDAT~ADMINRPT~2005\02-09~MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney January 24, 2005 SUBJECT: Contracts for legal services: t. RECOMMENDATION: JAGENDA SECTION: Consent ITEM: DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Agreement with CLIFFORD & BROWN in the amount of Two Hundred Eighty Thousand Dollars ($280,000); and Agreement with MARDEROSIAN, RUNYON, et al in the amount of Four Hundred Eighty Five Thousand Dollars ($485,000). Staff recommends approval of agreements. BACKGROUND: One year ago, in an effort to save general fund tax dollars, the City Attorney's Office outsourced a majority of its litigation caseload with two established law firms. From February 1, 2004 through February 1, 2005, general tort liability cases were handled by Clifford & Brown and civil rights cases filed in Fresno were handled by Marderosian, Runyon, et al. Both firms have defended the City this past year with positive results. Combined, the firms disposed of seventeen (17) cases in 2004 with nine (9) being dismissed without any City monies being paid as settlement. In addition, and according to Risk Management, the City has paid approximately $400,000 in total liability claims (claims and lawsuits) in the current fiscal year, compared with approximately 1.3 million paid by the City in fiscal year 03/04. Although there are remaining months in the current fiscal year, it appears to demonstrate a trend that the outsourcing of litigation is producing a risk management savings--in addition to the approximate $270,000 general fund salary savings which occurred with the elimination of the positions in the City Attorney's office. , If approved, these contracts will continue the relationship with each firm at an annual combined monthly rate of approximately $42,500 for 18 months. Despite an increase in cost from last year, the new contracts will continue to produce a general fund salary savings of approximately $7,500 per month or 130,000 over the 18 month terms of the contracts--in addition to whatever risk management savings mentioned above. It should also be noted that the Marderosian, Runyon contract is higher than the Clifford & Brown contract because of the type of cases being handled. In general, civil rights cases require about two and one half times the number of hours that a general tort lawsuit requires; hence, the higher fiat fee. As with the prior year, the terms of the contracts provide that the City will not be billed for internal costs, such as copy charges, legal research, or clerical time. In addition, there is a thirty (30) day termination clause, and the proviso that each firm will charge a maximum $150.00 an hour for cases not covered under the 45 case cap. It is also understood that a senior partner from each firm will supervise cases. S:\COUNCIL~Admins\04-05 Adrnins\Legal Service Agreements(1 ).doc ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 AGENDA SECTION: Consent Calendar ITEM: [I.~. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 26, 2005 APPROVED DEPARTMENT HEAD CITY ATTORNE~Y ~-~ CITY MANAGER (~'~ SUBJECT: Agreement with Lennar Homes of California, Inc. to purchase real property located west of Allen Road and north of Noriega Road for $120,000 for a water well site. 0Nard 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield is acquiring two single family lots to construct a domestic water well site. The purchase price of $120,000 represents the developer's cost to construct the lots to a finished lot basis. A Phase I Environmental Site Assessment has been completed by the City's Environmental Services Division. Also, the Planning Commission will be asked to find this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan on March 3, 2005. January 26, 2005, 10:09AM P:\MyFiles~Admin Reports\Lennar.doc DMNs ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 20, 2005 APPROVED DEPARTMENT HEAD /,~ CITY ATTORNEY CITY MANAGER ('~. Assignment of Lease No. 03-325 between the City of Bakersfield and Charles Douglas to Kurt Sickles for Hangar A8 (Ward 1) RECOMMENDATION: Staff recommends approval ofthe assignment. BACKGROUND: The original lease allows for assignment of the lease to another individual. All requirements for the assignment have been met under the original lease. The assignment does not alter the term of the original lease which will expire in 2023. BBU:maw January 20, 2005, 10:41AM G:\GROUPDAT~DMINRPT~2005t02~09\LongTerm Ground lease Assign-Douglas-Sickles,doc ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney February 1, 2005 SUBJECT: AGENDA SECTION: Consent Calendar TEM: APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY CITY MANAGER ~'"~"j Approval of Agreement Guaranteeing Payment for Acquiring Offsite Real Property Interest for property on the ease side of Miramonte Drive near Casa Club Drive (Pulte Homes/Del Webb) (Ward 3) RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: As a condition for approval of Vesting Tentative Tract No. 6160 (Planning Commission Resolution No. 23- 03), the developer, Pulte Homes/Del Webb, is required to secure an easement for construction and maintenance of drainage improvements on property located on the east side of Miramonte Drive near Casa Club Drive. Because of resistance from the offsite property owner, Developer needs the assistance of the City of Bakersfield to acquire the property. This contract is the first step in the City assisting the Developer in acquiring the necessary property to comply with the conditions. By way of this agreement, the Developer has promised to pay all costs of acquisition, including outside counsel fees, land costs, court costs and other items. This assistance to the Developer should cost the City nothing, and Developer is aware that all the fees and costs must be paid by the Developer. VG:lsc s:\COU NCIL~Admins\04~5 Admins\PulteHomesPropAcqAgr dot February 1, 2005, 9:35AM ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 AGENDA SECTION: Consent Calendar ITEM: [[.h. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD/'-/~_ z~ DATE: January 27, 2005 CITY ATTORNEY CITY MANAGER ~ SUBJECT: Reimbursement Agreement with 5301 Partners LLC ($13,000) for Street Improvements on Truxtun Avenue at Commercial Way right turn deceleration lane (Wards 2): RECOMMENDATION: Staff recommends approval of Reimbursement Agreement. BACKGROUND: The City of Bakersfield has a Capital Improvement Program Project to construct a right turn deceleration lane on Truxtun Avenue eastbound at Commercial Way. The property owners adjacent to the right turn lane, 5301 Partners LLC, have an existing drive approach on Commercial Way which they desire to maintain equivalent to or greater distance than what exists before the proposed improvements. The City will construct all proposed improvements within the existing street Right of Way with the CIP project. The City has requested the property owners to construct improvements outside of street Right of Way. The City desires to enter into a reimbursement agreement with the property owners to compensate the property owners $13,000 for the work to be performed outside of street Right of Way. The $13,000 is equivalent to what the City would pay for the work to be completed under the City's CIP project. G:\GROUPDAT~ADMINRPT~2005\02-09~AdminreimburseTruxtun.doc S. Lowe - PW/Engineedng January 28, 2005, 10:47AM ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 AGENDA SECTION: Consent ITEM: r TO: FROM: DATE: SUBJECT: 1. Honorable Mayor and City Council Stanley C. Grady, Development Services February 3, 2005 Environmental Impact Report Processing: APPROVED DEPARTMENT HEAD CITY ATTORNEY ~'~' C, MA.AGER Agreement with Northcutt and Associates (not to exceed $100,000.00 for a term of one year) to assist Planning Department staff with the processing of Environmental Impact Reports. Appropriate $100,000.00 developer's contribution to the Development Services operating budget. RECOMMENDATION: Staff recommends approval of the agreement and the appropriation. BACKGROUND: In order to process a record number of projects (currently nine) requiring Environmental Impact Reports, it is necessary to hire a professional environmental consultant to assist Planning Department staff. The funds to pay for consultant costs come from the project applicants. This funding source typically paid for staff's time and materials to process the Environmental Impact Reports. No city funding is required for this contract. Northcutt and Associates is uniquely qualified to support staff on an "as needed" basis. The firm has served this same role with various government agencies including Kern County Planning Department, Kern County Counsel's Office, City of California City and Santa Barbara County Resource Management Agency. The firm served as interim Planning Director for both the City of Tehachapi and the City of Shafter. Recently this firm successfully completed the Municipal Services Review necessary for LAFCO'S approval of the City of Bakersfield Sphere of Influence Amendment (2004) and has extensive local knowledge. Without such consultant services, several projects will experience significant delays in process as the City of Bakersfield Planning Department is experiencing record development activity in conjunction with a reduction of staff. MG Admin\feb~-9-north ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 AGENDA SECTION: Consent ITEM: it ~ TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services January 27, 2005 APPROVED DEPARTMENTHEAD~,~-~_~.~--~ CITY ATTORNEY ~ MA.ACER SUBJECT: Agreements to Indemnify LAFCO for City Annexations identified as: Annexation No. 467, Proceeding No. 1400 of uninhabited territory consisting of approximately 640 acres located generally south of State Route 178, east of Miramonte Drive (south of the Rio Bravo Development). (Ward 3) Annexation No. 459, Proceeding No. 1401 uninhabited territory consists of 0.2 acres located south of Brite Street (south of Hwy. 58) generally between South H Street and Oleander Street. (Ward 1) Annexation No. 440, Proceeding No. 1403 of uninhabited territory consists of approximately 300 acres located at the southwest corner of Gosford Road and Panama Lane. (Ward 5) Annexation No. 453, Proceeding No. 1404 uninhabited territory consisting of 4 acres and 58 acres located in two separate areas as follows: north of Rosedale Highway, generally west of Henry Lane and generally south of Panama Lane, and generally east of Cottonwood Road. (Wards 1 & 4) RECOMMENDATION: Staff recommends adoption of the agreements. BACKGROUND: The Local Agency Formation Commission (LAFCO) is processing the annexations listed above and will place a condition that the city indemnify LAFCO prior to the issuance of Certificate of Completion for these annexation areas. These agreements provide that if LAFCO is sued for approving the City's application for annexation, the city will bear the burden of defense. The property owners of the annexation areas have all consented to annex their properties to the city. The property owners wish to annex the sites and develop in the city. MO Admin\feb~2-9-467 ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 AGENDA SECTION: Consent Calendar ITEM: [[, TO: FROM: DATE: Honorable Mayor and Cibj Council Gregory J. Klimko, Finance Director January 28, 2005 APPROVED DEPARTMENT HEAD ~/'~-/'~.r~'~ CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 2 to Agreement No. 03-238 with Marden Susco to change contractor's name to Hughes Supply CA LLC. RECOMMENDATION: Staff recommends approval. BACKGROUND: The current annual contract with Marden Susco provides for the purchase of Fire Hydrants and Burys for the Fire Department. It will expire August 10, 2005. Hughes Supply CA LLC has acquired Marden Susco, and the approval of this amendment will ensure the contractor's correct business name will be utilized in the future. All other terms and conditions shall remain unchanged and in full force and effect. Purchasing Division KB:Ijm P:~.DMIN~2005 ADMIN\C05_0209_A_Amendment 03-238 Hughes Supply.doc January 28, 2005, 8:56AM ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 JAGENDA SECTION: Consent Calendar TEM: Il. (,, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 20, 2005 APPROVED DEPARTMENT HEAD ~ CITY ATI'ORNEY ~ CITY MANAGER ~ Amendment No. 1 to Design Consultant Contract No. 04-214 with Parsons Water and Infrastructure to increase compensation to the Consultant by $370,790, (for a total contract amount of $3,696,566), to provide additional design services for the Wastewater Treatment Plant 3 - 2007 Expansion. (Ward 6) RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: The City of Bakersfield and Parsons Water and Infrastructure entered into an agreement on July 21, 2004 for design consulting services on the expansion of Wastewater Treatment Plant 3. Originally, the plant expansion was to utilize water reclamation on farmland for the disposal of the treated effluent. But, due to the escalating price of farmland in the area, other options must be evaluated. Interest in residential development south of Taft Highway has also revealed the need for a Master Plan to serve areas south and west of Plant 3. The contract amendment includes the following additional work: 1) STRUCTURAL CALCULATIONS FOR A CULVERT SHOTCRETE REPAIR- The Engineering Group in Public Works requested structural calculations for a shotcrete repair job on a canal crossing repair. Parsons was able to do the work quickly. $9,580 2) PERCOLATION COMPLIANCE ALTERNATIVE - At the City's request, Parsons will evaluate the feasibility of using the existing site for disposal of treated effluent through percolation. $48,750 3) WASTEWATER REUSE ALTERNATIVE (TITLE 22) - At the City's request, Parsons will evaluate the feasibility of adding tertiary treatment to plant 3 and creating a high quality effluent, suitable for unrestricted reuse. $18,750 4) SOIL SAMPLING ANALYSIS - At the City's request, Parson and Kleinfelder will perform a soils investigation on the 400 acre city farm adjacent to Plant 3. The investigation is necessary to assess the impact of the American Yeast Operations and to evaluate the suitability of the site for Engineered facilities and storage/percolation ponds. $37,710 5) PLANT 4 FEASIBILITY STUDY (MASTER PLAN) - At the City's request, Parsons will evaluate the options for serving areas south and west of Plant 3. The master plan will include a computer model of the Plant 3 collection system and make recommendations for serving these areas, Particularly areas south of Taft Highway. $195,000 PW-WWTP: dw January 20, 2005, §:51AM G:\G RO UPDA'iSAD MIN RPT~O05\02 -O 9V~drn Amendemt no. 1 to parsons.doc ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 26, 2005 AGENDA SECTION: Consent Calendar ITEM: 11. m. DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Intersection widening and traffic signal modifications on Ming Avenue at Ashe Road and Ming Avenue at New Stine: 0Nard 5 & 6) Accept bid and award contract to Granite Construction Company ($1,197,550.60). Appropriate $365,000 Transportation Development Funds to the Capital Improvement Budget within the Transportation Development Fund. RECOMMENDATION: appropriation. Staff recommends acceptance of Iow bid, award of contract and approval of BACKGROUND: This project consist of intersection widening on Ming Avenue at Ashe Road and Ming Avenue at New Stine to accommodate dual left turn lanes on Ming Avenue and New Stine. The dual left turn lanes will improve the capacity and operation of both signalized intersections. This project also includes modifications to the traffic signal and lighting systems. An appropriation is required due to the unanticipated increase in costs for construction materials and labor compared to when this project was originally budgeted. Three acceptable bids were received on January 5, 2005 as follows: Granite Construction Company 3000 James Road Bakersfield, CA 93308 (County) Griffith Company 1898 South Union Avenue Bakersfield, CA 93307 (City) in the amount of in the amount of $1,197,550.60 $1,225,000.00 Bowman Asphalt 3527 Brian Way Bakersfield, CA 93308 (City) in the amount of $1,237,441.72 ngf design engineering January 26, 2005, 9:47AM G:\GROUPDAT~ADMIN RP'r~.005\02-09~Admin T5K144_T5K145.doc ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 AGENDA SECTION: Consent Calendar IITEM: II, n. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 28, 2005 APPROVED DEPARTMENT HEAD ~ ~__~..- CITY MANAGER ~ SUBJECT: Accept bid to award annual contract to San Joaquin Fence & Supply, not to exceed the budgeted amount of $150,000.00, to furnish and install fencing around various City properties and canals. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This contract provides fence repairs and fencing of City owned properties and canals to prevent potential injury to citizens. Bid packages were sent to five (5) vendors. One (1) bid, from the current contract holder, was received. It reflected no increase in unit pdces for fence supplies. Departments estimate quantities and types of supplies and repair that may be required for the upcoming year. Actual fence supplies and repair is not known until the need adses, due to accidents, vandalism, etc. Purchasing Division DW:pjd P:~,DMIN~2005 ADMIN\C05_0209_B_AC Fencing.doc January 28, 2005, 10:06AM ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 AGENDA SECTION: Consent Calendar ITEM: t~f O, TO: FROM: DATE: Honorable Mayor and City Council Gregory J, Klimko, Finance Director January 28, 2005 APPROVED DEPARTMENTHEAD..'~~ ClTYATTORNEY /~-~ CITYMANAGER ('~'~'-~ SUBJECT: Accept bid to award annual contract to Office Depot, not to exceed the budgeted amount of $300,000.00, for office supplies. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This contract provides office supplies (paper, printer toner cartridges, binders, calendars, etc.) for City staff as needed. Invitations to bid were sent to nine (9) vendors. Four (4) bids were received. Departments estimate quantities and types of supplies and repair that may be required for the upcoming year. The unit prices of the four (4) bidders were compared to determine the Iow bidder, and the lowest prices were offered by Office Depot. Purchasing Division DW:pjd P:~ADMIN~2005 ADMIN\C05_0209_C_AC Office Supplies. doc Janua~ 28, 2005, 10:26AM ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 AGENDA SECTION: Consent Calendar ITEM: ~1,¢° TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 19, 2005 DEPARTMENT HEAD ~..~.ED CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: Transportation Development Act Funds: 1. Appropriate $115,000 Transportation Development Act Article 3 Grant for construction of bicycle lanes on Panorama Drive to the Capital Improvement Budget within the Bikeway and Pedestrian Pathway Fund (Ward 3). 2. Appropriate $2,400 Transportation Development Act Article 3 Grant for bicycle storage lockers at the Ice Sports Center to the Capital Improvement Budget within the Bikeway and Pedestrian Pathway Fund (Ward 2). RECOMMENDATION: Staff recommends approval of appropriations. BACKGROUND: Kern Council of Governments requested member organizations to submit grant applications for Transportation Development Act-Article 3, Bicycle and Pedestrian Facilities, in July 2004. Public Works submitted two applications, one for construction of bicycle lanes on Panorama Drive west of Thorner School and a second for bicycle storage lockers at Bakersfield Ice Sports. On November 10, 2004, the City was notified that the grant requests were approved as follows: 1. Design and construct bicycle lanes on Panorama Drive, west of Thorner Elementary School, that widen the two-lane section to accommodate bicycle traffic in the amount of $115,000. 2. Furnish and install bicycle storage lockers at Bakersfield Ice Sports Center for use of employees in the amount of $2,400. Upon award of contract for these projects, Kern COG will issue payment to the City of Bakersfield for the amount of the award. January 19, 2005, 4:38PM G:\GROUPDAT~ADMINRPT~2005\02-09~Appropriation of TDA Article 3 Funds.dot ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 AGENDA SECTION: New Business TEM: 1~. CL. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager January 26, 2005 Vehicle License Fee Receivable: DEPARTMENTHEAD_ ClTY ATTORNEY CITY MANAGER APPROVED Resolution approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the City's Vehicle License Fee (VLF) Receivable from the State; and directing and authorizing certain other actions in connections therewith. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: At the January 12, 2005 City Council meeting we made a presentation regarding Vehicle License Fee (VLF) Gap Loan Financing. A summary of the main points are as follows: · The State "borrowed" VLF revenues in 2003, creating a gap in reimbursement to loCal govemments. · The VLF gap loan is supposed to be repaid to loCal governments in 2006. · The City of Bakersfield's gap loan amount is $4.5 million. · Special legislation was passed to allow the sale of this receivable to a third party. · Bonds are proposed to be issued by California Communities, which is a JPA sponsored by the League of California Cities and the California State Association of Counties. · The proposed bond sale is both insured and rated. The City will not be obligated in any way to repay the debt, should the State not repay their VLF obligation in a timely manner. · We would expect to receive 90 to 94% of the receivable amount, depending on market conditions on the date of sale (March 2006). · The loan proceeds would be "one-time" funds - the recbmmended use is for additional street resurfacing projects. 1 of 2 S:\KImG'~Forms & Lablesg4.dmin-vffsale2005.doc February 1, 2005, 1:43PM ADMINISTRATIVE REPORT Proposed VLF Receivables Sale Resolution: (1) (2) (3) (4) ($) The proposed VLF Receivables Sale Resolution: Authorizes the sale of the City's VLF Receivable to CSCDA for a minimum safe price at least equal to $4,071,540 (90%); Approves the form, and directs the execution and delivery, of the Purchase and Sale Agreement with CSCDA and related documents; Authorizes and directs any Authorized Officer to send, or to cause to be sent, an irrevocable written instruction required by statute to the State Controller notifying the State of the sale of the VLF Receivable and instructing the disbursement of the VLF Receivable to the VLF Bond Trustee; Approves the use of the VLF Receivables proceeds for:. Street Resurfacing Projects; which qualifies the City to participate in the tax-exempt portion of the financing. Appoints certain City officers and officials as Authorized Officers for purposes of signing documents; and (6) Authorizes miscellaneous related actions and makes certain ratifications, findings and determinations required by law. Please Note: The sale of bonds is not a guaranteed event and there is the possibility that no bonds will be sold. The sale of the City's receivable is contingent upon CSCDA's ability to market and sell the bonds, which will then provide them with the funding necessary to purchase the receivables. 2 of 2 $:V~imGAForms & Lables~Admin~vifsale2005.doc February 1, 2005, 1:43PM ADMINISTRATIVE REPORT MEETING DATE: February 9, 2005 AGENDA SECTION: New Business ITEM: ~/,, b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Alan Tandy, City Manager DEPARTMENT HEAD With assistance from Sam Williams, Sales Manager- SMG January 28, 2005 CITY ATTORNEY ~'/~' Naming Rights Agreement with Rabobank, Valley Independent Bank and SMG \ RECOMMENDATION: Staff recommends approval of an agreement with Rabobank, which names City facilities the "Rabobank Arena, Theater and Convention Center~' in exchange for payments of $2.5 million over ten years. BACKGROUND: Staff is pleased to present to the City Council an agreement that will bring a major new revenue source into our Arena and Convention Center. Founded over a century ago, Rabobank is a leading global financial services provider with assets of over $500 billion and operations in 35 countries. Rabobank is the premier lender to agriculture around the world and has a significant presence in California, particularly with agricultural and rural communities, from the Imperial Valley up to the San Francisco Bay area. Rabobank has a AAA rating with Standard & Peers and is ranked as one of the world's safest banks by Global Finance Magazine. Valley Independent Bank, a local community bank that has been serving the market for over 20 years, was purchased by Rabobank in 2002 and will officially change its name to Rabobank on April 4, 2005. If the City Council approves the agreement, Rabobank will pay $250,000 per year for ten years beginning or,, February 1, 2005 and the Arena & Convention Center will be renamed "Rabobank Arena, Theater & Convention Center. The community will be invited to participate in special festivities to commemorate the name change after the new signage is in place, which is anticipated to be later in February. In addition to the Naming Rights fees, Rabobank will invest over $100,000 in new signage for the facility. The new signage will include exterior backlit signage, interior signage, resurfacing of the basketball floor and new loges for the ice rink and football field. The agreement contains a "buyout" after seven years under which the bank could opt to cancel the agreement in exchange for a $150,000 payout. SMG has pursued a Naming Rights sponsor since the arena opened in October 1998. In facilities of comparable use for ECHL (ice hockey), just 29.6% have been successful in securing a Naming Rights sponsor. In facilities of comparable use for AF2 (arena football) just 40% have been successful in February3, 2005, 2:33PM AT:rs:al Page 1 S:~Adrnin Rpts~2005\SMG012605.dot ADMINISTRATIVE REPORT securing a Naming Rights sponsor. Please see attached report Arena Naming Rights Market Comparisons for complete facility comparisons. We have also included detailed background information on Rabobank for your review. The name "Centennial Garden" has been well received by the community since the building was opened in the City's Centennial year of 1998. The City functions, however, in the best interests of our taxpayers. Clearly, the taxpayers best interests are served by an agreement that will bring in $2.5 million to help "balance the books" on the Convention Center, and which allows us to spend that amount of funding on other City priorities, such as street repairs. Special thanks are due to Rabobank for providing us this opportunity and to SMG, who established the initial contact. February 3, 2005, 2:33PM AT:rs:al Page 2 S:~Adrnin Rpts~005~SMG 012605.dot MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING JANUARY 26, 2005 City Council Chamber, City Hall, 1501 Truxtun Ave. Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL ACTION TAKEN Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch, Hanson, Sullivan (seated at 5:33 p.m.), Scrivner Absent: None 2. PUBLIC STATEMENTS None. 3. REPORTS/~NORKSHOPS a. Update on Capital Improvement Program Budget. Public Works Director Rojas introduced Engineer Arnold Ramming who provided the update and handouts, Councilmember Benham requested staff provide information regarding any delayed projects in order to respond to citizen inquires Vice-Mayor Maggard requested staff assist in responding to the Royal Coach Homeowners Association's concerns involving construction of the Bike Path Extension. Bakersfield, California January 26, 2005 - Page 2 CLOSED SESSION Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding the following cases: Bakersfield Citizens for Local Control v. City (Walmart - Panama/99 & Gosford Village projects) 2. Larry Molina, et al v. City, et al 3. Eugene Jackson v. City, et al 4. Grant D. Hoffman, et al v. City, et al North Kern Water Storage District, et al v. Kern Delta Water Storage District, et al Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9 regarding significant exposure to litigation. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(E) of Government Code Section 54956.9 regarding significant exposure to litigation. Motion by Vice-Mayor Maggard to adjourn to Closed Session at 5:24 p.m. Motion by Vice-Mayor Maggard to adjourn from Closed Session at 6:30 p.m. RECONVENED MEETING - 6:40 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch, Hanson, Sullivan, Scrivner Absent: None. 6. INVOCATION by Yvette Johnson, Pastor, St. Joseph Spiritual Temple PLEDGE OF ALLEGIANCE by Cassandra Hines, 5~h Grade Student, Norris Elementary School. ACTION TAKEN APPROVED APPROVED Bakersfield, California January 26, 2005 - Page 3 CLOSED SESSION ACTION Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding the following cases: Bakersfield Citizens for Local Control v. City (Walmart - Panama/99 & Gosford Village projects) 2. Larry Molina, et al v. City, et al 3. Eugene Jackson v. City, et al 4. Grant D. Hoffman, et al v. City, et al North Kern Water Storage District, et al v. Kern Delta Water Storage District, et al Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9 regarding significant exposure to litigation. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(E) of Government Code Section 54956.9 regarding significant exposure to litigation. City Attorney Gennaro noted for the record, at the January 12, 2005 meeting, Closed Session item 3.b. was discussed and Council authorized settlement of the claim filed by Laura Karina Ruiz. DeMeza. Items 3.c. and 3.d. were not discussed due to time constraints. PRESENTATIONS City Clerk McCarthy announced item 9.b. would be given first. Presentation by Councilmember Sue Benham of Mayor's Proclamation to Paula Manayan, proclaiming January 26, 2005, as "Dustin's Diner Day". Councilmember Benham introduced Paula, Kiera, Reagan and Max Manayan, Josh Chella and Amy Bemstein and made comments regarding their efforts. Additionally, she acknowledged Dave and Danielle Kilpatdck, parents of Daniel and Dustin, who originated Dustin's Diner. ACTION TAKEN NO REPORTABLE AC~ON NO REPORTABLE ACTION DIRECTION GIVEN TO ATTORNEY NO REPORTABLE ACTION NO REPORTABLE AC~ON NO REPORTABLE ACTION DIREC~ON ~VEN TO ATTORNEY 10. 11. Bakersfield, California January 26, 2005 - Page 4 PRESENTATIONS Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to Darrell G. Cooper. Mr. Cooper made comments. Presentation by Mayor Hall of Proclamation to Elva Lopez, 2005 President of Kern County Hispanic Chamber of Commerce, proclaiming February 5, 2005, as "Kern County Hispanic Chamber of Commerce Day". Ms. Lopez made comments. PUBLIC STATEMENTS Pauline Larwood, on behalf of Smart Growth of Kern County, spoke regarding growth indicators of Bakersfield and provided written material. Councilmember Benham requested the Planning and Development Committee review the material presented by Ms. Larwood. APPOINTMENTS One appointment to the Golden Empire Transit District, due to the expiration of term of Howard Silver, term expired January 6, 2005. Ward 1 Silver Ward 2 Silver Ward 3 Silver Ward 4 Silver Ward 5 Silver Ward 6 Silver Ward 7 Silver City Clerk McCarthy announced the candidates were Curtis C. Bond and Howard D. Silver. Mr. Silver received the most votes. Motion by Vice-Mayor Maggard to approve the vote of the Council reappointing Mr. Silver to the Golden Empire Transit District. ACTION TAKEN APPROVED 12. Bakersfield, Califomia January 26, 2005 - Page 5 CONSENT CALENDAR Minutes: a. Approval of minutes of the January 12, 2005 Council Meeting. Payments: Approval of department payments from December 31,2004 to January 13, 2005 in the amount of $6,749,495.01 and self insurance payments from December 31,2004 to January 13, 2005 in the amount of $185,400.53. Ordinances: Adoption of Ordinance repealing Section 13.04.090 of the Municipal Code relating to Maintenance Districts - Council Powers (applicable state law). Adoption of Ordinance adding Chapter 17.59 and amending Sections 17.04.045, 17.04.128, 17.04.322, 17.04.618, 17.08.070, 17.08.110 and 17.25.060 of the Municipal Code relating to wireless telecommunication facilities. Adoption of Ordinance amending Sections 16.16.010E, 16.20.040, 16.20.060, 16.22.020 and 16.24.090 of the Municipal Code relating to maps, adding Section 16.52.050 to the Municipal Code relating to appeals of map application denials, and amending Section 17.14.070 of the Municipal Code relating to lot area. Resolutions: Resolution approving Development Plan Review for a proposed tentative subdivision containing 316 lots for purposes of single family development, one lot for a private park, a retention basin on 81 acres zoned R-l/PUD (One Family Dwelling-Planned Unit Development) located on the east side of South Oswell Street and north of future Red bank Road, (ZC 04-1120/Project 03-0947) (Engineer: Mclntosh & Associates/Subdivider:ADH Corporation) ACTION TAKEN ORD 4230 ORD 423~ ORD 4232 REMOVED FOR SEPARATE CONSIDERATION 12. Bakersfield, California January 26, 2005 - Page 6 CONSENT CALENDAR continued g. Sewer Connection Fee Assessments: Resolution confirming assessments for sewer connection fee and authorizing the collection of assessments by the Kern County Tax Collector. Agreement with Kenneth E. and Shirley A. Spiker, 11306 Jenlee Avenue, to pay sewer connection fee in installments and notice of special assessment lien. Resolution confirming the approval by the Assistant City Manager of the report of the Chief Code Enforcement Officer 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 authorize collection of the assessments by the Kern County Tax Collector. Resolutions for annexation applications proposing proceedings for annexation of uninhabited territory to the City identified as: Annexation No. 466, consists of 103.74 acres located, north of Snow Road, generally between Allen Road and Calloway Drive. Annexation No. 474, consists of 14.5 acres located, south of McKee Road approximately 675 feet east of Wible Road. Annexation No. 476, consists of 178 acres located, south of Hosking Avenue approximately 1500 feet east of South Union Avenue. Annexation No. 479, consists of 79 acres, located south of Panama Lane, approximately 1,500 feet east of Buena Vista Road. Annexation No. 480, consists of 9.5 acres, located south of Johnson Road, generally east of Renfro Road. Annexation No. 483, consists of 97 acres, located south of Panama Lane, east and west of Old River Road. ACTION TAKEN RES 021-05 AGR 05-016 RES 035-05 RES 022-05 RES 023-05 RES 024-05 RES 025-04 RES 026-05 RES 027-05 12. Bakersfield, California January 26, 2005 - Page 7 CONSENT CALENDAR continued j. Assessment Distdct No. 04-3 (Solera/Rio Vista): Resolution accepting petition and determining to undertake special assessment proceedings. 2. Resolution approving boundary map. 3. Resolution of Intention No. 1368. Agreement with Wilson & Associates ($54,000.00) for assessment engineering. Agreement with Ordck, Herrington & Sutcliffe, Bond Counsel, ($50,000.00) for legal services. Agreement with Pillsbury Winthrop, Disclosure Counsel, ($39,000.00) for legal services. Resolution adding territory, Area 1-53 (Reina, Old Farm SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments bythe Kern County Tax Collector. Resolution adding territory, Area 2-29 (Wible, Barber West) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 3-29 (Kingman Cove, Grand Haven) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 3-30 (Woodmere, Diane) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution of Intention No. 1332 to add territory, Area 1-47 (Jewetta, Rio Bravo Canal SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. ACTION TAKEN RES 028-05 RES 029-05 ROI 1368 AGR 05-017 AGR 05-018 AGR 05-019 RES 030-05 RES 031-05 RES 032-05 RES 033-05 ROI 1332 12. Bakersfield, California January 26, 2005 - Page 8 CONSENT CALENDAR continued Drilling and Pump Testing of two (2) test domestic water wells (Stations CBK-45 and L-212): Resolution dispensing with normal bidding procedures due to urgent necessity for the preservation of life, health or property. Accept bid to award contract to Bakersfield Well & Pump Company ($755,744.00). q. Changes to Salary Schedule and New/Revised Job Specifications: Amendment No. 14 to Resolution No. 122-01 approving Memorandum of Understanding for employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Engineer III - Wastewater. Amendment No. 9 to Resolution No. 046-02 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Real PropertyAgent II. 3. New Job Specification: Engineer III-Wastewater 4. Revised Job Specification: Real Property Agent II Agmemen~: r. Tract Map and Improvement Agreements: Final Map and Improvement Agreements with Granite Pointe Estates, LLC, for Tract 6095 Phase 4 located north of Hosking Avenue and east of Wible Road. Final Map and Improvement Agreements with Fairways @ Riverlakes, L..P. for Tract 6050 Phase 2 located south of Nords Road and west of Coffee Road. ACTION TAKEN RES 034-05 RES ~22.o~(~) RES 046.02(9) AGRO~O~ AGRO~021 12. Bakersfield, California January 26, 2005 - Page 9 CONSENT CALENDAR continued S. Bakersfield Amtrak Track Inspection: Agreement with Niemeyer & Associates, P.C. ($115,000.00) for four year contract for track inspection services. Appropriate $20,000.00 Public Transit Funds to the Public Works Department's operating budget within the Amtrak Operating Fund. Agreement with Mclntosh & Associates ($295,000.00) to conduct design of a sewer trunk line and lift station from Plant 2, along Oswell Street to Redbank Road. Disclose Counsel for Assessment District Nos. 04-1 (Homestead/Cherry Hill/Olive Park III) and 04-2 (Brighton Park/Brighton Village/Stockdale at Allen Commercial/Cherry Hill): Amendment No. I to Agreement No. 04-122 with Pillsbury Winthrop (not to exceed $47,500.00) for legal services for AD 04-1. Agreement with Pillsbury Winthrop (not to exceed $39,000.00) for legal services for AD 04-2. Agreement with Union Pacific Railroad ($85,271.00) for improvement of the Baker Street and Jackson Street. Agreement to indemnify LAFCO for City Annexation No. 462, Proceeding No. 1391, uninhabited territory located in two areas - 1) At the southeast cotter of Hosking Avenue and South Union Avenue, and 2) Along the north side of Rosedale Highway, generally west of Henry Lane. Agreement with Delta Microlmaging ($30,000.00) for document file conversion to Laser Fiche or Micro Fiche format for the Development Services Department. ACTION TAKEN AGR 05-024 AGR 05-026 AGR 04..'122(1) AGR 05-027 AGR 05-028 AGR 05-029 AGR 05-030 12. Bakersfield, California January 26, 2005 - Page 10 CONSENT CALENDAR continued y. Claims Administration Agreements: Agreement with Acclamation Insurance Management Services (AIMS) for workers' compensation claims management services ($239,595.00 for contract year one and $249,120.00 for contract year two). Agreement with Acclamation Insurance Management Services (AIMS) for general/auto liability claims management services ($49.00 per hour for contract year one and $50.00 per hour in contract year two). z. Blitz Renewal: 1. License Agreement with Flying Football, LLC. aa. Agreement with Mellon Healthcare Consultants - Name Change. bb. Amendment No. 1 to Agreement No. 01-140 with California Water Service Company for extraction, exchange and delivery of banked groundwater. cc. Contract Change Order No. 5 to Agreement No. 03-315 with HPS Mechanical Inc., ($26,220.00, for a total contract amount of $4,013,462.39) for the 3 Million Gallon Water Storage Tank and Booster Pump Facility at CBK Station L-208 for the Water Resoumes Department. Bids: dd. Reject bids for the construction of McDonald Way Sewer and Lift Station. ee. Accept bid from Gibbs International ($106,886.47) for one (1) replacement three axle dump truck for the Street Maintenance Division of Public Works. Miscellaneous: ff. Appropriate $55,000.00 Transient Occupancy Tax (TOT) revenue to the Non-Departmental operating budget for the Convention and Visitors Bureau annual contract. Motion by Vice-Mayor Maggard to approve Consent Calendar items 12. a through 12. ff. with corrections to 12.a. and separate consideration of item 12.f. ACTION TAKEN AGR 05-03'1 AGR 05-032 AGR 05-033 AGR 05-034 AGR 01-140(1) AGR 03-315(5)CC0 APPROVED 12. 13. Bakersfield, California January 26, 2005 - Page 11 CONSENT CALENDAR continued Resolution approving Development Plan Review for a proposed tentative subdivision containing 316 lots for purposes of single family development, one lot for a private park, a retention basin on 81 acres zoned R-l/PUD (One Family Dwelling-Planned Unit Development) located on the east side of South Oswell Street and north of future Redbank Road. (ZC 04-1120/Project 03-0947) (Engineer: Mclntosh & Associates/Subdivider:ADH Corporation) Motion by Councilmember Carson to adopt the Resolution. MAYOR AND COUNCIL STATEMENTS Councilmem ber Ben ham acknowledged Cathy Butler's thirty years of dedicated service with the Downtown Business Association. Councilmember Benham announced that Greg Bynum will be sworn in as the new President of the Greater Bakersfield Chamber of Commerce, tomorrow evening, January 27th. Councilmember Sullivan requested the Community Services Committee address the issue of landscaping along new block walls for the purpose of discouraging graffiti. Councilmember Sullivan announced she attended the inaugurations of President George W. Bush and Vice-President Dick Cheney last week. Councilmember Carson requested staff clean up debris on City property at the corner of Madison, E. White Ln. and Brook. Councilmember Carson thanked the community for supporting the various Dr. Martin Luther King Jr. Day events, particularly Mayor Hall for presenting a key to the City to Sherman Tyler, and Councilmember Benham for attending the breakfast. Councilmember Carson noted she had attended the Presidential and Vice-Presidential Inaugurations. Councilmember Scrivner thanked staff for swiftly resolving a median issue on Hosking Rd. Councilmember Scrivner assured the community that concerted efforts are being made to develop new avenues to discourage and prevent graffiti and requested staff develop new ideas; additionally he encouraged vigilance in apprehending graffiti vandals and enforcing anti-graffiti laws. ACTION TAKEN RES 020-05 APPROVED 13. 14. Bakersfield, California January 26, 2005 - Page 12 MAYOR AND COUNCIL STATEMENTS continued Councilmember Couch expressed appreciation for Steve New volunteering and removing poles and netting in the Riverlakes area. ADJOURNMENT Mayor Hall adjourned the meeting at 7:12 p.m. ACTION TAKEN MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the City of Bakersfield, California