HomeMy WebLinkAbout04/27/1988 MINUTES CCBakersfield, Calitornia, April 27, 1988
Minutes ot the Special Meeting ot the Council of the
City of Bakersfield, California, ~or the purpose o~ a Closed
Session held in the City Manager's Conference Room, City Hall, at
5:15 p.m., April 27, 1988.
The meeting was called to order by Mayor Payne.
Deputy City Clerk Gaftord called the roll as follows:
Present: Mayor Payne.
Councilmembers Childs, DeMond, Peterson,
McDermott,
Absent: Councilmembers Smith, Ratty, Salvaggio
CLOSED SESSION
Closed Session pursuant to Government
Code Section 54956.9(a) regarding
Terry L. Moreland vs. City of Bakersfield.
ADJOURNMENT
There being no turther business to come betore the
Council, upon a motion by Councilmember Childs, the meeting was
adjourned to Tuesday, May 3, 1988 at 5:15 tot a continuation
o~ the Closed Session regarding Terry L. Moreland vs. City ot
Bakerst~eld.
ATTEST:
MAYOR ot the City ot Bake~stield,
CITY CLERK and Ex Otticio Clerk o[ the Council
ot the City ot Bakersfield, Calitornia
Calit.
bz
Bakersfield, California, April 27, 1988
471
Minutes o~ the Regular Meeting of the Council of the
City of Bakersfield, Calitornia, held in the Council Chambers of
City Hall at 7:00 p.m., April 27, 1988.
The meeting was called to order by Mayor Payne ~ollowed
by the Pledge o~ Allegiance and Invocation by Chaplain Ed
Meissner of the First Assembly o£ God Church.
Oeputy City Cler~ Gafford called the roll as follows:
Present:
Absent:
Councilmembers Childs, DeMond, Ratty,
McDermott, Salvaggio
Councilmember Smith
Peterson,
MINUTES
Upon a motion by Councilmember Childs, Minutes of the
Special Meeting (Closed Session) of February 24, 1988, Speczal
Meeting ot February 24, 1988, Special Meeting of March 2, 1988,
Regular Meeting ot March 2, 1988 and Special Meeting of March 9,
1988 were approved.
PRESENTATION
Randall Abbott, Director of Planning and Development
Services, spoke regarding the Kern County Hazardous Waste
Management Plan and its importance. A draft of the plan ~s com-
plete and has been submitted to the Department of Health Services
flor analysis. Final public hearings will be held during July and
August betore the Board o~ Supervisors and City Council. The
tlnal plan is required to be submitted to the State in September.
Councilmember Salvaggio recognized John Means to speak.
John Means, Chairman ot Valley Action Network, briefly
spoke regarding the Hazardous Waste Management Plan and urged the
Council to submit their recommendations and ideas that they feel
should be included in the Hazardous Waste Management Plan before
the fznal Plan is submitted.
PUBLIC STATEMENTS
Mr. Tom Fallgatter, representing Kern County Toxics
Coalition, spoke regarding Measure B, Kern County Toxics
Initiative and asked flor Council's support in the form of a
Proclamation or a Resolution.
Upon a motion by Councilmember McDermott, Measure B,
Kern County Toxics Initiative was reterred to the
Intergovernmental Relations Committee to report back to the
Council.
Bob Hutchinson, 5404 Claire Street, spoke regarding the
hiring procedure tot City Manager, and expressed his disappoint-
ment in the selection process used by the Council.
Bakersfield, California, April 27, 1988 - Page 2
HEARINGS
This is the time set for protest hearing
for the purpose o~ hearing any person
owning real property within, or any
registered voter residing within territory
designated as Berkshire No. 1, proposed
to be annexed to the City and for hearing
objections on the matter ot inclusion ot
all portions ot the proposed Berkshire No.
1 Annexation, upon annexation to the City
o~ Bakersfield, into the Greater
Bakers£1eld Separation of Grade District.
This hearing has been duly advertised, posted, and the
property owners notified as required by law.
Thls hearing has been continued from the meetings of
December 9, 1987, January 20, 1988 and March 2, 1988.
Assistant City Manager Pulskamp provided an update.
Mayor Payne declared the protest hearing open for public
participation.
No protests or objections belng received, and no one
wishing to speak, Mayor Payne closed the public portion of the
protest hearing for Council deliberation and action.
Adoption of Resolution No. 64-88 o~ the
Council ot the City o~ Bakersfield
making findings that no written protest
has been ~lled and ordering the
territory designated as Proceeding No.
939, Annexation No. 313, Berkshire No. 1,
annexed to the City o~ Bakersfield and
included in the Greater Bakersfield
Separation ot Grade District.
Upon a motion by Councilmember Salvaggio, Resolution No.
64-88 ot the Council ot the C~ty ot Bakersfield was adopted by
the tollowing vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, DeMond, Ratty, Peterson,
McDermott, Salvagglo
None
Councilmember Smith
REPORTS
Councilmember Childs, Chairperson o~ the Personnel
Committee, read Report No. 7-88 regarding Reclassl~lcation of
Secretarial Positions in the City Attorney's O£f~ce as follows:
On March 16, 1988, Report No. 1-88 from the
Litigation Committee requesting the creation
ot a Litigation Secretary classification and
for the reclassl~lcation ot one Secretary II
position was referred by the Council to the
Personnel Committee for its recommendation.
Bakersfield, Calitornia, April 27, 1988 - Page 3
Presently, the City Attorney's Oftice must
select legal and litigation secretaries trom
eligible lists for the class ot Secretary,
which lists regularly include no one with
general law oftice or litigation experience.
Such an arrangement is inettlclent during
the best ot times, but with the fast track
trial calendar now in torce in the Kern County
Superior Court, such arrangement creates
serious dltficulties tor the City Attorney's
Oftice.
The Committee recommends:
1)
That the class ot Legal Secretary
be created (with subclasses of
Municipal Law and Litigation), the
salary range to be 5% above
Secretary II. The current Legal
Secretary position be deleted.
2)
That one Secretary II position in
that Ottlce be reclassitied to
Legal Secretary (Litigation).
In order that these recommendations be
processed and implemented, it is requested that
the Council accept this report and approve the
changes outlined, including adoption ot the
Salary Resolution, pending approval by the
Miscellaneous Civil Service Board.
Upon a motion by Councilmember Childs, Personnel
Committee Report No. 7-88 was accepted.
Adoption ot Resolution No. 65-88 ot
the Council ot the City ot Bakerstleld
Amending Resolution No. 10-88 setting
salaries and related benetlts tot
ottlcers and employees ot the City ot
Bakerstield. (Legal Secretary -
Municipal Law and Litigation)
Upon a motion by Councilmember Childs, recommendations
ot Personnel Committee Report No. 7-88 were implemented and
Resolution No. 65-88 ot the Council ot the City of Bakers£1eld
was adopted by the tollowing vote:
Ayes: Councilmembers Childs, DeMond, Ratty,
McDermott, Salvaggio
Noes: None
Absent: Councilmember Smith
Peterson,
Bakersfield, California, April 27, 1988 - Page 4
Councilmember Ratty, Chairperson ot the Budget and
Finance Committee, read Report No. 24-88 regarding City Attorney
- Additional Appropriations for Personnel Expense as ~ollows:
The City Attorney requested that this Committee
review his request tot additional appropriations
to fund the proposed reclassltication o~ a
Secretary II position to Legal Secretary-
Litigation, the additional position of Legal
Secretary-Litigation, and an Assistant City
Attorney position.
The Committee has met and reviewed this matter
with Staf~ and the City Attorney. We recommend
the tollowing actions:
That $9,450 be transferred from Council
Contingency to the City Attorney's Budget
to provide ~or the reclassl~lcatlon ot
the Secretary II position to Legal
Secretary-Litigation, and the addition
ot a Legal Secretary-Litigation position.
That the Assistant C~ty Attorney position
be reviewed as part ot the F.Y. 1988-89
budget request by the City Attorney and
follow the regular budget process.
Therefore, this Committee recommends the approval
and acceptance o£ the recommendations included in
this report.
Upon a motlon by Councilmember Ratty, Budget and Finance
Committee Report No. 24-88 was accepted.
Upon a motion by Councilmember Ratty, recommendations ot
Budget and Finance Committee Report No. 24-88 were implemented by
the tollowing vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, OeMond, Ratty,
McDermott, Salvaggio
None
Councilmember Smith
Peterson,
CONSENT CALENDAR
The tollowing items were ilsted on the Consent Calendar:
Approval of Warrant Nos. 7296 to 7'731
inclusive, in the amount ot $1,393,814.27.
Communication trom Greenfield Union
School District, 1624 Fairview Road,
dated April 5, 1988, regarding
developing a community park adjacent
to the Greentleld Junior High School
located at 1109 Pacheco Road. (RECEIVE
AND REFER TO AUDITORIUM AND COMMUNITY
SERVICES COMMITTEE)
Bakersfield,
California,
April 27,
1988 - Page 5
e o
Communication from Kern, Inyo and Mono
Counties ot California Building and
Construction Trades Council, 200 West
Jeffrey Street, dated April 8, 1988,
regarding FHEMCO's construction oL
piping connections to the Fuel Storage
Tank Rio Bravo Fire Station. (RECEIVE
AND REFER TO ADMINISTRATIVE SERVICES
DEPARTMENT)
Claim for Damages and Personal Injuries from
the Lollowing:
2.
3.
4.
Mark Steven Place and Mary Lee Lewis,
5101 Marsha Street;
Debra A. Tabor and Kraig A. Kerwin,
922 Day Avenue, #D;
Charles Michael. Lumis, 4313 WoodlaKe
Drive; and
Victor and Marilyn Reese, 12 Flower
Street.
(REFER TO CITY ATTORNEY)
Dedicatzon ot Properties:
Street Rlght-o~-Way Deed and Easement
Deed from Eugene Nalbandian, Berge
Kirkorxan and Jessie Kirkor,an, for
V~sta Montana Drive, a portion of
State Route 178 and Valley Street,
and waive ot access w~thln Parcel Map
8362 located on both sides oL Hxghway
178, approximately 1 mile West of
Comanche Road.
2 o
Quztcla~m Deeds from the City oL
Bakersfield to S. B. D. Gro~, Inc.,
and Joseph J. and Teresa P. Munoz,
for portions o£ street r~ght-oL-way
adjacent to the Welfare Facility
located North oL East California
Avenue and East oL Union Avenue.
o
Street Right-o~-Way Deed and two Grant
Deeds ot Easement from Clifford E.
Bressler, Trustee, for a local interior
street located South oL Hageman Road
and West oL Patton Way, a Drainage
Retention Basin located West ot the
intersection o£ Coffee Road and Hageman
Road, and a Drainage Detention Basin
located at the Southwest corner ot
Hageman Road and Patton Way.
Map and Improvement Agreement No. 88-106
for Parcel Map 7668 for 35 parcels on 9.4
acres located South ot Pacheco Road and
West ot Stlne Road. (FARM FINANCIAL, INC.)
Bakersfield, California, April 27, 1988 - Page 6
Notices of Completion and Acceptance o~ Work
for the following projects:
Removing and Disposing o~ Thirteen
Abandoned Underground Tanks at Various
Locations on City owned property (Old
Corporation Yard, Fire Stations No. 3
and No. 6, and New Police ParKing Lot),
Contract No. 87-21, was completed on
February 19, 1988.
Concrete Block Pumphouses tot Ashe Water
Well Numbers 18 and 20, located at 6701
Pacitic Island Drive and on Buena Vista
Road south o~ White Lane, respectively,
Contract No. 87-302 was completed on
April 7, 1988.
Approval of plans and speci£ications ~or the
~ollowlng:
Traftic signal system on Pacheco Road
at Wible Road.
2 o
Construction ot
Station No. [1,
within the City
sanitary sewer ~or Fire
7000 Stockdale Highway,
o~ Bakerstleld.
3. Traffic signal modlflcation on Truxtun
Avenue at "Q" Street.
Traft~c signal system on Hughes Lane at
Pacheco Road.
RehaD~l~tation of the Homeless Facility
at 1600 East Truxtun Avenue.
Agreement No. 88-107 with Pacific Gas and
Electric Company for installation, maintenance
and operation ot new underground gas and
electric distribution facilities, residential
- commercial industrial development
(Assessment District 86-2, Laborde).
Second Supplemental Agreement No. 88-108
with The Atchison, Topeka and Santa Fe
Railway Company tot the construction and
maintenance of "H" Street Underpass.
Agreement No. 88-109, Amendment No. 5 to
Contract No. 87-48 £or services provided
to the City of Bakersfield and the County
of Kern by the SEEZ Corporation.
Agreement NO. 88-110, License with Kern
Farmers Market Association to sell produce.
Uncollectable Accounts Receivable - Property
Damage Selt-Insurance Program.
Reject bids for constructlon of Stamped
Concrete £or Truxtun Avenue Median Islands.
Bakersfield, California, April 27, 1988 - Page 7
Approval of Contract No. 88-111 accepting
the bid from Valley Steel Construction in
the amount of $13,916.00 for a storage
building in Challenger Park and authorizing
the Mayor to execute the Contract.
Upon a Motion by Councilmember Salvagglo, Items a,
d, e, f, g, h, i, j, k, 1, m, n, and o of the Consent Calendar
we£e approved by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, DeMond, Ratty, Peterson,
McDermott, Salvagg~o
None
Councilmember Smith
b, cr
ACTION ON BIDS
Upon a motion by Counczlmember DeMond, low bid from
Granite Construction Company in the amount ot $146,678.00 was
accepted, all other bids rejected, and the Mayor authorized to
execute Contract No. 88-112.
Upon a motion by Councilmember Salvaggio, low bid from
Granite Construction Company in the amount ot $115,649.00 for
Base Bid plus Alternate "A" was accepted, all other b~ds
rejected, and the Mayor authorized to execute Contract No.
88-113.
Upon a motion by Councilmember DeMond, low bid from
Granite Construction Company in the amount ot $98,338.00 was
accepted, the other bid rejected, and the Mayor authorized to
execute Contract No. 88-114.
Upon a motion by Councilmember Childs, low bid £rom
James G. Francis in the amount of $95,140.40, for Base plus
Alternate "A" was accepted, all other bids rejected, and the
Mayor authorized to execute Contract No. 88-115.
Upon a motion by Councilmember Peterson, low bid from
Central California Concrete Coring, Inc. in the amount of
$78,750.00 was accepted, the other bid rejected, and the Mayor
authorized to execute Contract No. 88-116.
Upon a motion by Councilmember McDermott, low bid from
Simon Ladder Towers, Inc. in the amount ot $376,300.00 was
accepted, and all other bids rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 3156 of the
Council o£ the C~ty ot Bakersfield
adding Chapter 12.21 to the Bakersfield
Munzczpal Code relating to sKateboard
and bicycle ramps.
This Ordinance was given first reading at the meeting
April 13, 1988.
Bakersfield, California, April 27, 1988 - Page 8
Upon a motion by Councilmember Salvaggio, Ordinance No.
3156 o£ the Council o~ the City o£ Bakersfield was adopted by the
following vote:
Ayes: Councilmembers Childs, DeMond, Ratty,
McDermott, Salvaggio
Noes: None
Absent: Councilmember Smith
Peterson,
Adoption ot Ordinance No. 3157 of the
Council ot the City of Bakersfield
amending Title Seventeen ot the Bakersfield
Municipal Code by changing the Land Use
Zoning ot those certain properties in the
City of Bakersfield located on the northeast
corner of Wible Road and Panama Lane from a
C-1 (Limited Commercial) Zone and an R-2
(Limited Multiple Family Residential) Zone
to a P.C.D. (Planned Commercial Development)
Zone.
This Ordinance was given first readzng at the meeting ot
April 13, 1988.
Upon a motion
3157 of the Council ot
following vote:
by Councilmember Childs, Ordinance No.
the City of Bakersfield was adopted by the
Ayes:
Noes:
Absent:
Councilmembers Childs, DeMond, Ratty, Peterson
Councilmembers McDermott, Salvaggio
Councilmember Smith
NEW BUSINESS
First Reading ot an Ordinance ot the
Council ot the City of Bakerstleld
adding Chapter 5.62 to Tztle 5 of the
Bakersfield Municipal Code relating to
alcoholic beverage warning signs.
First Reading of an Ordinance ot the
Council ot the City ot Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code by changing
the Land Use Zoning ot those certain
properties in the City of Bakersfield
located on the east side ot Edmonton
Street approximately 150 feet south
of Wilson Road from an R-1 (One Family
Dwelling) zone to an R-1-P (One Family
Dwelling-Parking Overlay) zone.
Adoption ot Resolution of Intention
No. 1043 of the Council of the City ot
Bakersfield, declaring its intention to
order the vacation of the 60-foot wide
future street dedication in portions of
Lots 26 and 27 o£ Tract No. 1518 in the
City ot Bakersfield.
Bakersfield, California, April 27, 1988 - Page 9
.79
This Resolution sets the hearing date for nay 18, 1988.
Upon a motion by Councilmember Ratty, Resolution of
Intention No. 1043 of the Council ot the City ot Bakersfield was
adopted by the following vote:
Ayes: Councilmembers Childs, DeMond, Ratty,
McDermott, Salvaggio
Noes: None
Absent: Councilmember Smith
Peterson,
Approval o~ Agreement No. 88-117 with
Clifford E. Bress±er, Trustee, Providing
Credit to Assessments/Reimbursement for
Cost o£ Sewer Facilities (Laborde).
Upon a motion by Councilmember Ratty, Agreement No.
88-117 was approved and the Mayor authorized to execute the
Agreement.
Approval of Contract No. 88-118
with Armtech to perform
Analyst/Consultant Services for
health and dental insurance
benefits.
Upon a motlon by Councilmember Salvaggio, Agreement No.
88-118 with Armtech and the appropriation ot $12,000, available
in the Medlcai Reserve Trust Acco/]nt, were approved by the
following vote:
Ayes:
Noes:
Absent:
Councilmembers DeMond, Ratty,
Salvagglo
Councilmember Childs
Councilmember Smith
Peterson, McDermott,
Councilmember Childs clarified his vote stating he is in
agreement with going outside, but he feels it is not appropriate
for the Committee to direct staff to come back with an agreement
and staff bring the agreement directly to the Council rather than
back to the Committee for review·
Three appointments to the Historic
Preservation Commission.
One (1) position is vacant because
the term expired on March 30, 1988.
The position was held by Cherylanne
Farley.
Two (2) positions are currently vacant
due to the resignations from Commissioners
Shirley McFadzean (term expires March 30,
1990) and D~ane Sand~dge (term expires
March 30, 1989).
This item was deterred to the Council meeting ot May 11,
1988.
48O
Bakersfield, Calitornia, April 27, 1988
Page 10
Three (3) vacancies on the Community
Advisory Council for the Employment
and Economic Incentive Program Area
(SEEZ) due to the resignations of Dick
Foster, Tom Wilson and Cordelia Owens.
Upon a motion by Councilmember Salvaggio, Alice Mach,
Dave Parker, and Richard Prado were appointed to the Community
Advisory Council for the Employment and Economic Incentive
Program Area (SEEZ).
One (1) expiration ot term on the
Central District Development Agency
Lot Diane Dunn; term expired April
22, 1988.
Upon a motion by Councilmember DeMond, Diane Dunn was
appointed to a succeeding term on the Central District
Development Agency, term expiring April 22, 1992.
One (1) vacancy on the Citizens Auditorium
Committee due to the resignation oL Karen
Carlson, term expiring January 3, 1992.
Upon a motion by Councilmember Salvaggio this item was
deterred to the meeting of May 11, 1988.
Transmittal oL the 1988-1993 Capital
Improvements Program.
Upon a motion by Councilmember DeMond, the 1988-1993
Capital Improvements Program was referred to the Planning
Commission to determlne conkormance to the General Plan.
COUNCIL STATEMENTS
Mayor Payne submitted a letter received from residents
regarding RVs, assorted campers, boats, and trucks in residential
neighborhoods and some o£ the problems o£ increased traLtlc.
Received and fetefred to staff.
Mayor Payne submitted a telephone call request from
Nicholas Brokowskl, age 9, regardzng budget deticits and
recommending that the City Council consider a way to reduce the
de£1clt or balance the budget and improve the quality of lite in
the community by adding paddle boats to Lake Truxtun as a way to
generate tunds. ReLerred to the Budget and Finance Committee ~or
study and recommendation.
Bakersfield, Calitornia, April 27, 1988
Page 11
ADJOURNMENT
There being no further business to come betore the
Council, upon a motion by Councilmember Salvaggio, the meeting
was adjourned to Tuesday, May 3, 1988 at 5:15 for a continuation
of the Closed Session regarding Terry L. Moreland vs. City of
Bakersfield.
ATTEST:
MAYOR o£ the City of Ba~ee~stield, CA
CITY CLERK and Ex Ofticio Clerk of the Council
ot the City of Bakers£ield, Calitornia
bz