HomeMy WebLinkAbout02/09/05 CC MINUTES§21
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 9, 2005
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING- 5:15 p.m.
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson (seated at 5:20
p.m.), Benham, Couch, Hanson, Sullivan
(5:17), Scrivner
Absent: None.
2. PUBLIC STATEMENTS
None.
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.
Motion by Vice-Mayor Maggard to adjourn to Closed
Session at 5:17 p.m.
Motion by Councilmember Couch to adjourn from
Closed Session at 6:35 p.m,
RECONVENED MEETING - 6:40 p.m.
4. ROLLCALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
ACTION TAKEN
APPROVED
APPROVED
Absent: None.
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Bakersfield, California, February 9, 2005 - Page 2
INVOCATION by Pastor Wendell Vinson, Canyon Hills ACTION TAKEN
Assembly of God
PLEDGE OF ALLEGIANCE by Natalie Kobliska, 8th Grade
Student, St. Francis School.
Motion by Councilmember Sullivan to add an item as
lO.b. to Appointments in order to enable the Keep
Bakersfield Beautiful Committee to meet with a
quorum.
APPROVED
CLOSED SESSION ACTION
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.
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".
Mr. Baumruk made comments.
Presentation by Mayor Hall of Proclamation to
Barbara Sandrini, President, Assistance
League of Bakersfield, proclaiming February 16,
2005, as "Assistance League Day".
Ms. Sandrini made comments.
Presentation by Councilmember Irma Carson of
Mayor's Proclamation to Bernita Jenkins,
representing the community, proclaiming February,
2005, as "Black History Month".
Ms. Jenkins made comments.
10.
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Bakersfield, California, February 9, 2005 - Page 3
PUBLIC STATEMENTS
ACTION TAKEN
Reverend Daniel Gorman, Executive Director of the
Bakersfield Rescue Mission provided and update on
the facility.
Howard Rodgers and Jack Porter spoke regarding
the re-naming of Centennial Gardens, and Cheryl
Bailey spoke and presented hand-outs.
c. Glenn Taplin spoke regarding sidewalks.
Vice-Mayor Maggard requested staff contact Mr. Taplin
and address his concerns.
APPOINTMENTS
One appointment to Fire Civil Service Board due to
the expiration of term of Jeffrey Vetter, term expired
December 31, 2004.
City Clerk McCarthy announced applications have
been received from Shawn Brandon and Stuart
Gentry for the vacancy on the Fire Civil Service
Board.
Ballots were cast by the City Council as follows:
Ward I Brandon
Ward 2 Gentry
Ward 3 Gentry
Ward 4 Gentry
Ward 5 Gentry
Ward 6 Brandon
Ward 7 Brandon
Motion by Vice-Mayor Maggard to appoint Stuart
Gentry to the Fire Civil Service Board.
APPROVED
One appointment to the Keep Bakersfield Beautiful
Committee due to the expiration of term of John
Enriquez (Ward 6), term expired December 2004.
Motion by Councilmember Sullivan to appoint Pat
Frase to the Keep Bakersfield Beautiful Committee.
APPROVED
CONSENTCALENDAR
Minutes:
523
a. Approval of minutes of the January 26, 2005 Council
Meeting.
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Bakersfield, California, February 9, 2005 - Page 4
CONSENT CALENDAR continued ACTION TAKEN
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:
c. 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.
AGR 05-035
AGR 05-036
AGR 05-037
AGR 05-038
Final Map and Improvement Agreement with
Fain~ay Oaks South L. P. for Tract
6079 Unit 3 located north of Harris Road and
west of Old River Road.
AGR 05-039
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.
AGR 05.040
AGR 05-04~
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.
AGR 05-042
AGR 05-043
AGR 05-044
AGR 05-045
AGR 0,5-046
AGR 05-047
AGR O5-O48
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.
AGR 05-049
AGR 05-049(A)
AGR 05-50
AGR 05-50(A)
Bakersfield, California, February 9,2005 - Page 5
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11.
CONSENT CALENDAR continued
Item 11.c. continued
7.
Final Map and Improvement Agreements
with TDB Land, LLC, for Tract 6230 Unit 1
located south of Rosedale Highway and west
of Allen Road.
d. 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.
e.
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.
f.
Assignment of Lease No. 03-325 from Charles
Douglas to Kurt Sickles for Hangar A8.
g.
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.
h.
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 Report Processing:
1.
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.
2. Appropriate $100,000.00 developer's
contribution to the Development Services
operating budget.
ACTION TAKEN
AGR 05-051
AGR 05-052
AGR 05-053
AGR 05-054
AGR 05-055
DEED 6318
AGR 05-056
AGR 05-057
DEED 6195
AGR 05-058
AGR 05-059
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Bakersfield, California, February 9, 2005 - Page 6
CONSENT CALENDAR continued
ACTION TAKEN
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).
AGR 05-060
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.
AGR 05-061
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.
AGR 05-062
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.
AGR 05-063
Amendment No. 2 to Agreement No. 03-238 with
Marden Susco to change contractor's name to
Hughes Supply CA LLC.
AGR 03-238(2)
Amendment No. I 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.
REMOVED FOR
SEPARATE
CONSIDERATION
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Bakersfield, California, February 9, 2005 - Page 7
CONSENT CALENDAR continued
ACTION TAKEN
Bids:
Intersection widening and traffic signal modifications
on Ming Avenue at Ashe Road and Ming Avenue at
New Stine Road:
Accept bid and award contract to Granite
Construction Company ($1,197,550.60).
AGR 05-064
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.
AGR 05-065
Accept bid to award annual contract to Office Depot
(not to exceed budgeted amount of $300,000.00) for
office supplies.
AGR 05-066
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.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items fl.a. through lf.p., with the removal of
item 1 ~.1. for separate consideration.
APPROVED
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Bakersfield, California, February 9, 2005 - Page 8
CONSENT CALENDAR continued
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.
ACTION TAKEN
AGR 04-214(1)
Motion by Councilmember Hanson to approve item 11.1.
NEW BUSINESS
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.
City Manager Tandy and Assistant City Manager
Stinson made staff comments.
Motion by Vice-Mayor Maggard to adopt the Resolution. APPROVED
Naming Rights Agreement with Rabobank, Valley
Independent Bank and SMG.
City Clerk McCarty announced a correction to the
page numbering in the document; and
correspondence was received from nineteen
citizens, ten in support of the Naming Rights
Agreement, and nine opposed to approval of the
Agreement.
City Manager Tandy introduced Jim Foss, the
Private Sector Management Representative of
SMG, the firm charged with managing the arena
facility, who made comments.
City Manager Tandy presented an overview.
Councilmember Benham requested assurance that the
City would have legal grounds to terminate the
agreement should Rabobank violate the law. City
Attorney Gennaro responded a revision had been made
in order to provide this assurance.
Motion by Councilmernber Benharn to approve the
Agreement as amended..
APPROVED
Bekersfield~ California, Februer~ 9, 2005 - Page 9
13.
MAYOR AND COUNCIL STATEMENTS
ACTION TAKEN
Counciimember Scrivner thanked staff for expeditiously
responding to his referral requests and the effort
expended on the Vehicle License Fee issue.
Councilmember Benham requested the Community
Services Committee address the December Report
regarding the neighborhood pools.
Councilmember Benham thanked Traffic Engineer
Steve Walker for his work regarding traffic
circulation at the intersections of 24~ Street and Oak
Street and 24~ Street and Elm Street; additionally
requested staff proceed with necessary steps to obtain
CalTrans approval for an addition right turn lane
at the 24~ Street and Oak Street intersection.
Councilmember Benham requested the appropriate
Council Committee follow-up on a prior request
regarding cost of additional tan versus parity between
the blue refuse containers.
Councilmember Benham congratulated Police Lt. Brad
Wahl on his award from the Anti-Defamation League for
reducing hate crimes in the City.
Councilmember Carson thanked Councilmember Scrivner
for the Valentine candy and flowers.
Councilmamber Carson requested increased police
patrol in Dr. Martin Luther King, Jr. Park due to the
increased number of transients frequenting the area
since the closure of International Park.
Councilmember Hanson requested the Legislation and
Litigation Committee address the issue of
increasing penalties for graffiti vandals.
Councilmember Hanson requested the Legislation and
Litigation Committee review increasing
fines/penalties for illegal signage.
Councllmember Hanson requested an update regarding
improvements proposed for the Holiday Inn Select.
Councilmember Hanson requested staff provide update
on the painting of the repaired wall at Mountain
Vista and White Lane.
Councilmember Couch noted the Ice Center made a profit
for the past year.
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Bakersfield, California, February 9, 2005 - Page 10
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilrnember Couch thanked Police Department and
staff for the graffiti reduction program.
Councilmember Couch requested staff finalize
annexation informational packets for distribution in a
neighborhood in the Olive Drive area.
Councilmember Couch provided staff information regarding
the Hwy. 99 Car Show event.
Councilmember Couch requested the Legislation and
Litigation Committee add to the prior referral
regarding increasing of penalties for graffiti
vandals, the issue of increasing penalties for littering
and illegal dumping.
Councilmember Couch requested staff review policy
regarding the price of Neighborhood Watch signs
and the feasibility of providing the signs at no cost.
Councilmember Couch requested staff evaluate the
need for additional staff in the traffic signal area.
Councilmember Sullivan thanked Councilmember Scrivner
for the Valentine flowers and candy.
Councilmember Sullivan expressed appreciation to the
Police Department for increasing enforcement of
anti-loitering laws and vigilance in reducing drag racing
in the Ming Avenue area.
Councilmember Sullivan noted Michael Reagan had visited
City Hall and is supportive of the City use of the "In
God We Trust" motto.
Vice-Mayor Maggard requested Assistant City Manager
Stinson assist in a response to a citizen.
Vice-Mayor Maggard expressed staff and particularly
EDCD Director Kunz for suggesting funding sources
for moving Fire Station 5.
Vice-Mayor Maggard asked City Attorney Gennaro if
City legal staff could prosecute vandals. City
Attorney Gennaro responded this is possible.
Additionally, Mr. Maggard requested EDCD Director
Kunz research funding sources to pay for these
special court sessions.
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Bakersfield, California, February 9, 2005 - Page 11
ADJOURNMENT ACTION TAKEN
Mayor Hall adjourned the meeting at 8:31 p.m.
A'FrEST:
CITY CLERK and Ex Officio ~lerk of
the Council of the City of Bakersfield
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