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HomeMy WebLinkAbout02/25/1987 MINUTES CCBakersfield, California, February 25, 1987 Minutes of the Special Meeting of the Council of the City of Bakersfield, California, for the purpose of a Workshop held in City Hall Annex Building Conference room at 5:15 p.m., February 25, 1987. The meeting was called to order by Mayor Payne. Present: Mayor Payne. Councilmembers Childs, Smith (seated at 5:16 p.m.), Ratty, Moore, Salvaggio Absent: Councilmembers Christensen, Dickerson HOMELESS STUDY Principal Planner Gonzales introduced Karen Northcutt and Kent Price, hired consultants, who described the needs of the homeless. Consultant Price gave a presentation of results of a homeless needs assessment survey. Consultant Northcutt presented the following facts and suggestions regarding action to aid the homeless: - Rehabilitation of a run-down building would build up an area. - Recommended location: south of railroad tracks, west of Beale Avenue, east of Tulare Street, north of Truxtun Avenue. - Maximum number of occupants: 150. - Square Footage: 5,000 inside and outside. - Patrol of railroad tracks is needed. - Information and referral help is needed. - A Homeless Coalition Task Force should be formed to coordinate efforts. Council, ADJOURNMENT There being no further business to come before the Mayor Payne adjourned the meeting at 6:15 p.m. ATTEST: MAYOR of the City of ~akersfield, Calif. CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California df Bakersfield, California, February 25, 1987 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 p.m., February 25, 1987. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend Bob McNew of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmembers Childs, Smith, Ratty, Moore, Dickerson, Salvaggio Absent: Councilmember Christensen Upon a motion by Councilmember Childs, the meeting was recessed at 7:01 p.m. The meeting reconvened at 7:05 p.m. MINUTES Upon a motion by Councilmember Moore, the Minutes of the Special and Regular Meetings of February 4, 1987, were approved. PUBLIC STATEMENTS Roy Malahowski, Greater Bakersfield Legal Assistance, spoke regarding the homeless. Richard Robinson, 1813 "H" Street, #128 (Padre Hotel), spoke regarding the need for litter receptacles at bus stops. Paul Crumpacker, streets, spoke regarding the homeless. Rhonda L. Covington, 831 E. 21st Street, spoke regarding the homeless. Ty Stillman, Principal Planner for Quad Consultants, 1415 18th Street, #611, read the following letter for the record: Mr. Mayor, Members of the Council: QUAD Consultants is making this statement on behalf of Centennial Development, Inc., from Orange, California. Centennial owns an approximately 280 acre site in north- east Bakersfield, located southwest of the intersection of State Route 178 and the extension of Morning Drive. Centennial has submitted an application and plans to develop this property and that development would consist of a variety of residential and neighborhood commercial uses. It is important to note that the residential and commercial land uses designated on the property existed prior to the time that Centennial purchased the property. However, as a condition of approval of the location of a community park on Centennial's property, a biological survey of the site was required. In August and Septem- ber of 1986, the survey was conducted and it identified potentially significant impact to the San Joaquin Kit Fox, a federally listed endangered species. Mitigation of this potentially significant impact on site is in- feasible. Therefore, Centennial is obligated to develop an acceptable off-site mitigation plan in order to com- ply with the consultation requirements of either Section 7, or Section 10a of the Federal Endangered Species Act. Bakersfield, California, February 25, 1987 - Page 2 Off-site mitigation may take three different forms. The first form is a cash settlement. The second form is a property conveyance. The third form is off-site habitat enhancement and rehabilitation where habitat degradation has occurred and limited the ability of existing habitat to support an optimum number of resident species. The first two options are extremely costly and, in this instance, may impair, or, indeed, even threaten, the pro- ject's implementation. The third option, off-site habi- tat enhancement and rehabilitation, offers some unique opportunities to accomplish both the necessary mitiga- tion of Centennial's potentially significant impacts and the improvement of important community natural historic values. As you are aware, San Joaquin Kit Fox habitat exists along the lower Kern River Corridor and much of the available habitat has suffered substantial degrada- tion as a result of trespass off-road vehicle use and other disturbances. A program to rehabilitate and en- hance the habitat in these areas would serve a dual pur- pose of implementing the habitat improvement and enhance- ment goals of the Kern River Plan Element as well as provide an off-site mitigation opportunity for Centennial. Since much of the property designated by the Kern River Plan for resource management land uses is owned by the City of Bakersfield (such as the area between the Gosford and Stockdale bridges), and in consideration of the fact that some of said property is already documented as San Joaquin Kit Fox habitat, Centennial respectfully requests an opportunity to work with City staff and the Water Board to explore the possibility of developing and im- plementing an off-site mitigation plan designed to im- prove and enhance San Joaquin Kit Fox habitat on City property. It is our opinion that such a cooperative effort is a logical public/private joint venture that will undoubt- edly benefit the Bakersfield Community by implementing General Plan policy, and will provide for a reasonable development in northeast Bakersfield by mitigating po- tentially significant impacts. In closing, and on behalf of Centennial Development, I thank you for this opportunity to address the Council and present this proposal. It is our hope that you will carefully conside~ this request and that Centennial will have an opportunity to work with the City to develop and implement a mutually beneficial habitat improvement plan. Thank you. Upon a motion by Councilmember Ratty, from Ty Stillman, dated February 25, 1987, was Urban Development Committee. correspondence referred to the CORRESPONDENCE Upon a motion by Councilmember Childs, communication from Fraternal Order of Eagles, 1718 - 17th Street, dated February 3, 1987, requesting that the Council amend Ordinance No. 2367, New Series (as amended), relating to Chapter 7.12 (Bingo Games , was referred to the City Attorney's Office. Upon a motion by Councilmember Salvaggio, communication from Dale G. Scales, Assoc., Inc., 1670 "M" Street, dated February 18, 1987, regarding proposed General Plan Amendment Condition Change - time extension request, was received and referred to the Planning Commission for study and recommendation. Bakersfield, California, February 25, 1987 - Page 3 REPORTS Councilmember Salvaggio, Chairman of the Personnel Committee, read Personnel Committee Report No. 3-87, regarding Nepotism, as follows: On January 19, 1987 and February 6, 1987, the Personnel Committee met to discuss the issue of nepotism. Generally the Committee felt that the employment of spouse or relatives tends to cause problems in sensitive areas of interdepartmental and intradepartmental relationships and can create undesirable results in connection with the evalua- tion of employees performance and discipline. It was noted that the problem of favoritism, whether real or imagined, exists and has a harmful effect upon employee morale and efficiency. The Committee feels that the current rules regard- ing nepotism and permanent employees are reaso- nable. These rules provide that no appointment of relatives of City employees may be made unless they are approved by the appropriate Civil Service Board. This allows the Civil Service Board to determine on an individual basis whether a conflict exists. With regard to temporary employees, the Committee felt that nepotism would be harmful. Since tempo- rary employees are not required to undergo any type of testing process, it would be all too easy for the City to get into a situation of hiring a large number of people who are relatives of cur- rent employees. The Committee also dealt with the issue of tempo- rary employees who worked for the City and then had to quit because a relative became a permanent employee. This could take place, but happens so infrequently the Committee felt it did not want to compromise the current rules to deal with this possibility. The advantages of a strong nepotism policy outweigh the disadvantages which may be caused by infrequent occurrences of this type. Again, the problems of nepotism, whether real or perceived, could be prevalent. Accocdingly, the Committee recommends that this report be received and that the current rules regarding nepotism remain unchanged. Upon a motion by Councilmember Salvaggio, Personnel Com- mittee Report No. 3-87 regarding Nepotism was received. Councilmember Childs stated for the record that he has worked in Personnel for 27 years and can guarantee he can't remem- ber all applicants or if there are any individuals that were a relative of a current employee, and he does not believe City staff could remember either. Secondly, he is opposed to the policy in Personnel Report No. 3-87, not because he is in support of nepo- tism, D~lt the internal operation of a city and a staff should be measurement enough to prevent the practice of nepotism. If a department head's job is on the line and he knows the City frowns on hiring relatives, that should be sufficient enough to be a deterrent. He can't understand how the City could refuse anyone from applying for temporary work just because they are related to James Childs, or Ken Pulskamp, or Dale Hawley. He believes the same criteria for permanent employees should apply to temporary employees. If he was an individual who wanted to apply to the City and was told he couldn't because his relative worked for the Bakersfield, California, February 25, 1987 - Page 4 City, he would implement a suit immediately. He is not aware of any City that has a nepotism policy implemented into Civil Service rules. They may have an internal policy to deal with nepotism and he believes that should be the policy of the City, if the City is truly concerned and wants to be an equal employer. Although much work went into Personnel Report No. 3-87, he feels it lacks in certain areas of his concern, and he does not support the Report nor some of the statements in the Report, especially since this situation comes up so infrequently without any measuring device. Upon a motion by Councilmember dations of Personnel Committee Report No. were approved. Salvaggio, the recommen- 3-87, regarding Nepotism, Councilmember Ratty, Chairman of the Urban Development Committee, read Urban Development Committee Report No. 4-87, re- garding Pole Line License Agreement with Shell California Product-. ion, Inc., as follows: On February 4, 1987, the City Council received an agreement with Shell California Production Inc. for construction of a pole line along China Grade Loop and across the Kern River. This proposal was re- ferred to the Urban Development Committee for con- sideration of placing the lines underground. Shell is proposing to construct a 23 mile long 115 KV pole line to service a cogeneration plant faci- lity. As the lead agency, the Kern County Property Management Department prepared a negative declara- tion for the pole line. No significant envi~on- mental impacts were identified. The California Energy Commission processed an Environmental Impact Report for the cogeneration plant facility. All other portions of the line will be overhead. The cost of the pole line facility along the 1000 foot portion within the City is $20,000. The cost to underground the line would be $400,000. The 115 KV capacity of the line requires extremely expen- sive improvements to house such a line. The Kern River Plan Element allows pole lines to be placed overhead at road crossings of the Kern River. Therefore, this Committee recommends that the City Council approve the agreement with Shell to con- st~uct a pole line along China Grade Loop. Upon a motion by Councilmember Ratty, Urban Development Committee Report No. 3-87 was accepted. Councilmember Ratty made a motion to implement the rec- ommendations of Urban Development Committee Report No. 4-87. Upon a substitute motion by Councilmember Childs, Urban Development Committee Repo£t No. 4-87, regarding a Pole Line License Agreement with Shell California Production, Inc., was referred back to the Urban Development Committee. For the record, Mayor Payne left the meeting at 7:45 p.m., and Vice-Mayor Childs took the Chair. Upon a motion by Councilmember Ratty, Urban Development Committee Report No. 5-87, regarding eligibility for the provision of municipal services, was defer£ed to the Council meeting of March 11, 1987. 4O5 Bakersf±eld, California, February 25, 1987 - Paqe 5 CONSENT CALENDAR The following items were listed on the Consent Calendar: a. Approval of Warrant Nos. 5504 to 5971 inclusive, in the amount of $1,632,097.09. b. Claims for Damages and Personal Injuries from the following: Golden Empire Adjusting Louis and Dawn Collins, and Service for insured 1224 Chester Avenue; Gary R. Snowball, c/o Myrna Gray, 318 N. Lindale, Porterville. (REFER TO CITY ATTORNEY) c. Dedication of Property: Road Easement from Stockdale South Partner- ship for a portion of Gosford Road between Panama Lane and Pacheco Road. d. Maps and Improvement Agreements: Final Map and Improvement Agreement for Tract No. 4662 for 16 lots on 4.97 acres located westerly of Panorama Drive and northerly of University Avenue (Homestead Land Development Corporation). Final Map and Improvement Agreement for Tract No. 4880 (Units A and B) for 146 lots on 33.42 acres located north of Panama Lane and east of Gosford Road (Stockdale South Partnership). e o Agreement with Gary Garone Farms for Assignment of Crops at Wastewater Treatment Plant No. 2 Farm. f. Applications for Encroachment Permits: Charles M. Williams, 3500 Pickwick Dr. The applicant is requesting approval for a five foot chain link fence located 12 feet behind the curb at 1120 E. Truxtun Avenue. Wallace & Smith Contractors, 3232 Chester Lane. The applicant is requesting approval for the construction of a 5'6" x 25' rear door stoop and handicapped ramp that will project into a 33' wide alley by 5'6". The alley is located between "L" and "M" Streets, just north of 24th Street. g o Contract Change Orde~ No. 1, re-roofing the Radio Communications Center and the Martin Luther King Facility, Contract No. 86-181. Upon a motion by Councilmember Dickerson, Items a, b, c, d, e, f and g of the Consent Calendar were adopted by the follow- ing vote: Ayes: Noes: Absent: Councilmembers Childs, Smith, Ratty, $alvaggio None Councilmember Christensen Moore, Dickerson, Bakersfield, California, February 25, 1987 - Page 6 ACTION ON BIDS Upon a motion by Councilmember Moore, low bid from Granite Construction Company in the amount of $171,647.00, for re.- surfacing Gosford Road between Westwold Drive and Ming Avenue, was accepted, all other bids rejected, the use of $1,647.00 from sav- ings was authorized, and the Mayor was authorized to execute the Contract. Upon a motion by Councilmember Moore, low bid from Micon, in the amount of $19,154.00, for adjustment of Tailwater Pump Stations 2, 6 and 7 at Wastewater Treatment Plant No. 2, was accepted, all other bids rejected, and the Mayor was authorized to execute the Contract. DEFERRED BUSINESS Adoption of Ordinance No. 3089 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakers- field Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located approxi- mately 2,300 feet south of Highway 58, east side of South Mt. Vernon Avenue from A (Agriculture) to M-1 (Light Manufactur- ing). This Ordinance was given first reading at the meeting of February 11, 1987. Upon a motion by Councilmember Ratty, Ordinance No. 3089 New Series, of the Council of the City of Bakersfield, was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Smith, Ratty, Salvaggio None Councilmember Christensen Moore, Dickerson, Adoption of Ordinance No. 3090 New Series of the Council of the City of Bakers- field amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain pro- perties in the City of Bakersfield lo- cated north of Niles Street, east Union Avenue from M-1 (Light Manufacturing) Zone and R-2 (Limited Multiple-Family Dwelling) Zone to C-2 (Commercial) Zone and C-1 (Limited Commercial) Zone. This Ordinance was given first reading at the meeting of February 11, 1987. Upon a motion by Councilmember Ratty, Ordinance No. 3090 New Series of the Council of the City of Bakersfield, was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Smith, Salvaggio None Councilmember Christensen Ratty, Moore, Dickerson, Adoption of Ordinance No. 3091 New Series of the Council of the City of Bakersfield amending Casa Loma Specific Plan. This Ordinance was given first reading at the meeting of February 11, 1987. 4O7 Bakersfield, California, February 25, 1987 - Page 7 Upon a motion by Councilmember Moore, Ordinance No. 3091 New Series of the Council of the City of Bakersfield, was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Smith, Salvaggio None Councilmember Christensen Ratty, Moore, Dickerson, NEW BUSINESS Adoption of Resolution No. 32-87 of the Council of the City of Bakersfield auth- orizing the submission of an application for federal funds to the Economic Develop- ment Administration for assistance in expanding Sewer Plant No. 3. Upon a motion 32-87 of the Council of following vote: by Councilmember Moore, Resolution No. the City of Bakersfield was adopted by the Ayes: Noes: Absent: Councilmembers Childs, Smith, Salvaggio None Councilmember Christensen Ratty, Moore, Dickerson, Receipt of property owner petitions for proposed City Assessment District No. 87-1 and the Engineer's Certificate as to the petitions' sufficiency. The pro- posed district is located south of Stockdale and west of South Allen Road. The district purpose is to finance the design and construction of South Jenkins Road to the Buena Vista Road Sewer Pro- ject. Upon a motion by Councilmember Dickerson, petitions and Engineer's Certificate were received and City Clerk directed to place on file. Adoption of Resolution No. 33-87 of the Council of the City of Bakersfield deter- mining to undertake proceedings pursuant to special assessment and assessment bond acts for the construction of im- provements without proceedings under Division 4 of the Streets and Highways Code - City of Bakersfield Assessment District No. 87-1. Upon a motion by Councilmember Ratty, Resolution No. 33-87 of the Council of the City of Bakersfield was adopted by following vote: the Ayes: Noes: Absent: Councilmembers Childs, Smith, Ratty, Salvaggio None Councilmember Christensen Moore, Dickerson, Adoption of Resolution No. 34-87 of the Council of the City of Bakersfield de- scribing proposed boundaries of assess- ment district, directing the filing of map and assessment diagram and the re- cordation of notice of assessment - City of Bakersfield Assessment District No. 87-1. Bakersfield, California, February 25, 1987 - Page 8 Upon a motion by Councilmember Moore, Resolution No. 34-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Smith, Ratty, Salvaggio None Councilmember Christensen Moore, Dickerson, Adoption of Resolution No. 35-87 of the Council of the City of Bakersfield ap- pointing Engineer of Work - City of Bakersfield Assessment District No. 87-1, South Jenkins Road to the Buena Vista Road Sewer Project. Upon a motion 35-87 of the Council of following vote: by Councilmember Smith, Resolution No. the City of Bakersfield was adopted by the Ayes: Noes: Absent: Councilmembers Childs, S~ith, Salvaggio None Councilmember Christensen Ratty, Moore, Dickerson, Amendment to Agreement No. 86-190 for Consulting Services with Wilson & Assoc- iates - City of BaKersfield Assessment District No. 87-1. Upon a motion by Councilmember Ratty, Amendment to Agreement No. 86-190 for Consulting Services with Wilson & Assoc- iates - City of Bakersfield Assessment District No. 87-1, was approved and the Mayor was authorized to execute the Agreement. Agreement with Stase Department of Trans- portation, Division of Aeronautics, Cal- ifornia Airport loan for local match of FAA Grant in the amount of $222,222.22. Upon a motion by Councilmember Dickerson, Agreement with State Department of Transportation, Division of Aeronautics, California Airport loan for local match of FAA Grant in the amount of $222,222.22, was approved and the Mayor was authorized to exe- cute the Agreement by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Smith, Ratty, Salvaggio None Councilmember Christensen Moore, Dickerson, Service Agreement %¢ith Pacific Relocation to administer acquisition and relocation program for the Airpark. Upon a motion by Councilmember Ratty, Service Agreement with Pacific Relocation to administer acquisition and relocation program for the Airpark was approved and the Mayor was authorized to execute the Agreement. Special Counsel Agreement for the legal work in conjunction with the Civic Audi- torium Improvement Project with Stradling, Yocca, Carlson & Rauth. Upon a motion by Councilmember Dickerson, Special Coun- sel Agreement for the legal work in conjunction with the Civic Auditorium Improvement Project with Stradling, Yocca, Carlson & Rauth was approved and the Mayor was authorized to execute the agreement. 4O9 Bakersfield, California, February 25, 1987 - Page 9 Current Planning Commission Vacancy Upon a motion by Councilmember Ratty, the matter of the current Planning Commission vacancy was deferred to the March 11, 1987, Council meeting. Revised/New Job Specifications for Build- ing Inspector III. Upon a motion by Councilmember Moore, the Revised/New Job Specifications for Building Inspector III were referred to the Personnel Committee. Reclassification of Hazardous Material Division Coordinator. Upon a motion by Councilmember Salvaggio, reclassifica- tion of Hazardous Material Division Coordinator was referred to the Personnel Committee. Dedication of Quitclaim Deed and Grant Deed of Easement between City of Bakers- field and Sears, Roebuck and Company and Valza Corporation to relocate a storm drain easement at the southerly end of Valley Plaza. Upon a motion by Councilmember Moore, dedication of easement and quitclaim was accepted. For the pate in the vote, interest. record, Councilmember Dickerson did not partici- due to a real or imaginary possible conflict of COUNCIL STATEMENTS Councilmember Childs spoke regarding handling of press releases, requesting staff to initiate a policy whereby Council- members will be informed of press releases at the same time the press is. Councilmember Childs spoke regarding costs for Council- members belonging to the National League of Cities, requesting this issue be placed on a future Council agenda after staff has ascertained fees involved. Vice-Mayor Childs recessed the meeting at 8:01 p.m. The meeting reconvened at 8:10 p.m. Councilmember Salvaggio spoke regarding the Rio Vista Proposal, providing an update of steps presently being taken. Upon a motion by Councilmember Salvaggio, the question of directing the Planning Department staff to prepare an analysis of the implementation requirements necessary to enforce the goals and policies of the Kern River Plan and prepare an estimated time table for full implementation, and that they consider directing staff to budget equal time and effort toward implementation of the Kern River Plan as is presently being dedicated to the design and analysis of the Rio Vista project, was referred to the Water Re- sources Committee. Assistant City Manager Pulskamp informed Council that it would cost approximately $6,000.00 for Council to join the Nation- al League of Cities. attending for March Councilmember Childs requested the matter of Council the National League of Cities be placed on the agenda ll, 1987. Bakersfield, California, February 25, 1987 Page 10 Upon a motion by Councilmember Childs, Councilmembers and staff who desire to do so, will be allowed to attend one of the following 1987 Challenger Seminars: Fresno March 2-3, 1987 Redding April 20-21, 1987 San Diego May 4-5, 1987 Councilmember Salvaggio spoke regarding the 2010 Genera2 Plan Update. Principal Planner Hand responded to questions from Coun-- cilmembec Salvaggio. City Manager Caravalho suggested that County and City staff meet together in trying to isolate major problems. Upon a motion by Councilmember Salvaggio, rected to meet with County staff and isolate major the 2010 General Plan. staff was di- problems with Upon a motion by Councilmember $alvaggio, staff will bring major problems regarding the 2010 General Plan Update back ~o the full Council for consideration. Councilmember Moore requested the issue of an Urban Planning Co~mnission composed of elected officials from City and County sitting as the Metropolitan Planning entity be placed on the agenda for March 11, 1987. CLOSED SESSION Vice-Mayor Childs announced the Closed Session pursuant to Government Code Section 54957. Councilmember Moore requested that Councilmembers be furnished with information as to the subject matter of Closed Sessions prior to going into a Closed Session. City Attorney Oberholzer stated it had been recommended to Vice-Mayor Childs that this Closed Session should have been more descriptive on the agenda. Vice-Mayor Childs recessed the meeting to Closed Session at 8:48 p.m. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Childs the meeting was adjourned at 9:46 p.m. ATTEST: MAYOR of the City of Bakersfield, Calif. CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California df