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