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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