HomeMy WebLinkAbout09/09/1987 MINUTES CCBakersfield, California, September 9, 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., September 9, 1987.
The meeting was called to order by Mayor Payne, followed
by the Pledge of Allegiance and Invocation by Chaplain Ed Meissner
of the First Assembly of God Church.
Deputy City Clerk Gafford called the roll as follows:
Present: Mayor
Absent: None
Payne.
Councilmembers Childs, Christensen, Smith,
Ratty, Moore, Dickerson,
$alvaggio
MINUTES
Upon a motion by Councilmember Childs, Minutes of the
Special Meeting of August 12, 1987, were approved.
PUBLIC STATEMENTS
Daniel Kaplan, 6000 Stone Bridge Lane, spoke regarding
his concerns about collection of consumer used drain oil.
Upon a motion by Councilmember Dickerson, Mr. Kaplan's
concerns were referred to the Auditorium and Community Services
Committee.
Preston Patterson, 1808 LeMay Avenue, thanked Mayor
Payne, Councilmembers and staff for their efforts in successfully
handling the problems of the senior citizens regarding bus service
to the Valley Plaza.
HEARINGS
This is the time set for a continued pub-
lic hearing on Resolution of Intention
No. 1027 declaring its intention to order
the abandonment of a 100-foot portion of
dedicated vehicular access rights along
the north right of way line of Alfred
Harrell Highway approximately one mile
west of Lake Ming Road.
This hearing is being continued from the meetings of
July 1 and August 12, 1987.
Upon a motion by Councilmember Smith, the hearing on
Resolution of Intention No. 1027 was continued to October 21,
1987, Dy the following vote:
Ayes: Councilmembers Childs, Christensen, Smith, Ratty,
Dickerson, $alvaggio
Noes: None
Absent: None
Moore,
REPORTS
Councilmember Salvaggio, Chairman
mittee, read Personnel Committee Report No.
Attorney Investigator as follows:
of the Personnel Com-
9-87 regarding City
The Personnel Committee met on June 23 and Septem-
ber 1, 1987, regarding the pay and classification
of the police officer assigned to the City Attor-
ney's Office. After discussion among the Commit-
Bakersfield, California, September 9, 1987 Page 2
tee, City staff, and the union, it was decided to
defer action on changing the classification of the
Investigator, but to proceed with assigning premium
pay to the position.
It was agreed that the police officer assigned to
the City Attorney's Office would receive 5% premium
pay based upon the position's responsibilities.
It is recommended that this report be accepted and
that the recommendation be implemented.
Upon a motion by Councilmember Salvaggio, Personnel Com-
mittee Report No. 9-87 was accepted, recommendations were imple-
mented and the problem of reclassification was referred to staff
for study and recommendation back to the Council.
Councilmember Ratty, Chairman of the Urban Development
Committee, read Urban Development Committee Report No. 22-87 re-
garding a Prison in Kern County as follows:
The City Manager of Taft had sent a letter to
the City of Bakersfield requesting that a reso-
lution be passed in support of placing a pri-
son in the Taft area.
Since that time, the City Council has adopted
a resolution supporting the efforts of the
City of Taft to secure the siting of a federal
prison facility in the Greater Taft area. Ac-
cordingly, no further action is required at
this particular time.
Councilmember Ratty made a motion to accept Urban
Development Committee Report No. 22-87.
Councilmember Dickerson recommended that the issue of a
proposed prison in the Taft area be discussed in relation to the
2010 Plan.
Councilmember Ratty's motion to accept Urban Development
Committee Report No. 22-87 was accepted.
City Attorney Oberholzer made a report regarding Change
of Employment and provided a memorandum regarding Report on City
Attorney Termination Date as follows:
At the City Council meeting of August 26, 1987, I
advised the City Council that after consultation
with the Presiding Judge of the Kern County
Superior Court, I would report to the City Council on
the schedule for terminating services with the City
of Bakersfield.
Please be advised that I plan to commence my new
assignment, pursuant to the appointment from
Governor Deukmejian, on October 26, 1987.
Fortunately, the office is composed of a staff of
outstanding attorneys and other personnel. You
will find that there will be no interruption in the
quality and quantity of service that these members
of the City Attorney's Office have been providing.
During the next 45 days, I will begin the orderly
relinquishment and reassignment of files, cases and
duties as a number of matters will require my per-
sonnal attention.
Bakersfield, California, September 9, 1987 - Page 3
Having had the opportunity to work closely with the
attorneys in the City Attorney's Office, I can
assure you that any one of them is capable of pro-
viding this City with an outstanding City Attorney.
For this reason, it is hoped that you will seri-
ously consider the talent that you have within the
City when you select the individual to fill the
position of City Attorney.
Finally, I extend a special "thanks" to each one
of you for the opportunity to serve as your legal
counsel for the past seven years and for making my
14 years with the City of Bakersfield an exciting
and pleasing experience.
Upon a motion by Councilmember Moore, City Attorney's
Report regarding Change of Employment was accepted and the
termination date of October 26, 1987, was accepted.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
Approval of Warrant Nos. 0715 to 1046 inclusive, in
the amount of $1,648,691.60
Communication from Bakersfield City School
District, 1300 Baker Street, dated August 21, 1987
submitting annual report on Developer Fees for
Fiscal Year 1986/87 pursuant to Government Code
Section 65978. (RECEIVE AND REFER TO BUDGET AND
FINANCE COMMITTEE)
Claim for Damages and Personal Injuries from
the following:
Jack Jeffrey Hobson, 3524 Caldwell Drive;
J.L. Denio, Inc., P.O. Box 578;
Walter McKinney, 4401 Parker Avenue;
Kenneth Wesley Terry, 12621 Jasmine; and
Essam Farag, 1601 "F" Street.
(REFER TO CITY ATTORNEY)
d. Dedication of Properties:
Grant of Easement (Water Pipeline) from Tenneco
Realty Development Corporation and Tenneco West,
Inc., located along the north side of White Lane
from west of Old River Road to west side of
Buena Vista Road.
Public Utility and Access Easement from La
Hacienda, Inc., located south of Highway 178
and east of Miramonte Drive.
Covenant of Easement from Tule Development
Company, located south of Truxtun Avenue and
east of Truxtun Plaza West.
e. Notices of Completion and Acceptance of Work for:
Installation of chainlink fence at Wastewater
Treatment Plant No. 3, Contract No. 87-159,
was completed on August 19, 1987.
Bakersfield, California, September 9, 1987 - Page 4
Tract No. 4901, Units A, B, C, and D, located
at or near Harris & Gosford, Contract No.
87-80, Unit A; 87-81, Unit B; 87-82, Unit C;
87-83, Unit D, said project was completed on
August 21, 1987.
Construction of Madison Street from 400' South
of Planz Road to Watts Drive, Contract No.
87-120, was completed on August 26, 1987.
Construction of storm drain on Elmhurst Street
and Belvedere Avenue, Contract No. 87-149, was
completed on August 28, 1987.
Application for Encroachment Permit from Dean Gay
Real Estate, 1801 - 21st Street, requesting appro-
val to install a 52 feet long rigid awning with 9
feet clearance extending 4 feet into the right-of-
way (from face of building) at 1825 19th Street.
Final map and Improvement Agreement for Tract 4989
for 1 lot on 2.93 acres located at the southeast
corner of Truxtun Avenue and Truxtun Plaza West.
(Tule Development Company)
Approval of plans and specifications for resurfacing
Gorbett Lane between Carvalho Court and Coulter
Court, Carvalho Court between Devlin Court and Park
View Drive and Wilson Road between White Lane and
Sage Drive.
Approval of Program Supplement No. 33 to Local
Agency - State Agreement No. 06-5109, with the
State of California for the resurfacing of Truxtun
Avenue from Street to Mohawk Street.
Approval of Program Supplement No. 34 to Local
Agency - State Agreement No. 06-5109, with the
State of California for the resurfacing of Ming
Avenue from Gosford Road to Ashe Road, and Ashe
Road from Ming Avenue to Sanders Lane.
Contract Change Order No. 1, Water mainline exten-
sion - White Lane and Buena Vista Road.
1. Contract Change Order No. 52, Union Avenue Overpass,
City Contract No. 85-250.
Councilmember Moore presented correspondence from Ron
Erickson, dated August 31, 1987, commending Mr. Fabbri for his
efforts which have been demonstrated towards the problems in
Centennial Park.
Upon a motion by Councilmember Christensen, Items (a)
through (1) of the Consent Calendar were adopted, and
Councilmember Moore's correspondence was accepted by the following
vote:
Ayes: Councilmembers Childs, Christensen,
Dickerson, Salvaggio
Noes: None
Absent: None
Smith,
Ratty, Moore,
ACTION ON BIDS
Upon a motion by Councilmember Ratty, low bid from
Signal Control Company in the amount of $4,632.00 for traffic
controller and cabinet was accepted and all other bids rejected.
170
Bakersfield, California, September 9, 1987 - Page 5
Upon a motion by Councilmember Childs, low bid from
Adamson Industries, Inc., in the amount of $7,965.84 for
protective vests (30) for Police Department was accepted and all
other bids rejected.
Upon a motion by Councilmember Salvaggio, bid from
Motorola C & E, Inc., in the amount of $8,819.07 for Motorola
parts for Fire Department radios was accepted.
Upon a motion by Councilmember Christensen, low bid
from A.J. Wholesale Gun Distributors in the amount of $25,789.69
for Colt Pistols (70 each) was accepted and all other bids rejected.
Upon a motion by Councilmember Dickerson, $111,448.00
was appropriated for improving portions of Pacheco Road between
Stine Road and Akers Road; the low bid from Granite Construction
Company in the amount of $111,448.00 was accepted and all other bids
rejected; and the Mayor was authorized to execute the contract by
the following vote:
Ayes: Councilmembers Childs, Christensen,
Dickerson, Salvaggio
Noes: None
Absent: None
Smith,
Ratty, Moore,
Upon a motion by Councilmember Moore, bids from
Pursuit Specialties in the amount of $10,089.86 (4 items) and
Adamson Industries in the amount of $750.18 (1 item) for lightbars
and sirens for police vehicles were accepted and all other bids
rejected.
Upon a motion by Councilmember Christensen, the award to
Priority One Computers for three items was rescinded and new
awards were made to Pyramus, Inc., in the amount of $12,301.30 (2
items) and Compu-Byte, Inc., in the amount of $9,312.10 (1 item)
for computer equipment for Public Works Department.
Upon a motion by Councilmember Dickerson, $2,939.00 was
appropriated for facsimile machine for Police Department and the
bid from C. A. Reding Co., in the amount of $2,938.74 was accepted
by the following vote:
Ayes: Councilmembers Childs, Christensen,
Dickerson, Salvaggio
Noes: None
Absent: None
Smith, Ratty, Moore
Adoption of Resolution No. 169-87 of the
Council of the City of Bakersfield
determining that certain used cars cannot
be reasonably obtained through usual bid-
ding procedures and authorizing the
Finance Director to dispense with bidding
therefor.
Upon a motion by Councilmember Moore, Resolution No.
169-87 of the Council of the City of Bakersfield was adopted by
the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen,
Dickerson, Salvaggio
None
None
Smith, Ratty, Moore
Bakersfield, California, September 9, 1987 - Page 6
171
Adoption of Resolution No. 170-87 of the
Council of the City of Bakersfield deter-
mining that certain Wastewater Treatment
Plant Equipment cannot be reasonably
obtained through usual bidding procedures
and authorizing the Finance Director to
dispense with bidding therefor.
Upon a motion by Councilmember Moore, Resolution No.
170-87 of the Council of the City of Bakersfield was adopted by
the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen, Smith,
Dickerson, Salvaggio
None
None
Ratty, Moore
DEFERRED BUSINESS
Adoption of Ordinance No. 3117 New Series
of the Council of the City of Bakersfield
Amending Section 17.06.020 of Chapter
17.06 (Zoning Map) of the Municipal Code
of the City of Bakersfield regarding pre-
zoning of property known as Buena Vista
No. 3 Annexation.
This Ordinance was given first reading at the
meeting of August 26, 1987.
Upon a motion by Councilmember Moore, Ordinance No. 3117
New Series of the Council of the City of Bakersfield was adopted
by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen,
Dickerson, Salvaggio
None
None
Smith, Ratty, Moore
Adoption of Ordinance No. 3118 New Series
of the Council of the City of Bakersfield
Adding Section 2.84.150 A.3. to Section
2.84.150 of the Bakersfield Municipal
Code relating to acting appointments,
temporary assignments and rates of pay.
This Ordinance was given first reading at the meeting of
August 26, 1987.
Councilmember Ratty made a motion to adopt Ordinance No.
3118 of the Council of the City of Bakersfield.
Councilmember Salvaggio proposed amending the proposed
ordinance whereby employees who are placed in a position of
greater responsibility and deserve increased compensation would
gain approval from the Council because the Councilmembers are
accountable to the citizens.
Councilmember Ratty stated, for the record, his support
for the Ordinance because it is only fair that upper management be
compensated for taking added responsibilities since this is being
done at the lower levels.
Councilmember Childs suggested that any time the City
Manager implements this type of procedure that he notify the
Council. If the Council feels that it is being abused, then
appropriate action can be taken.
172
Bakersfield, California, September 9, 1987 - Page 7
Upon a motion by Councilmember Christensen, the call for
the question was unanimously approved.
Councilmember Ratty's motion to adopt Ordinance No. 3118
New Series of the Council of the City of Bakersfield was adopted
by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Smith, Ratty, Moore, Dickerson,
Councilmembers Christensen, Salvaggio
None
Upon a motion by Councilmember Childs, anytime the City
Manager grants an out-of-classification pay, he shall notify the
Council in some manner.
Councilmember Salvaggio clarified his no vote stating
that this issue should have gone through a Committee, and he could
not accept the explanation that it would not have a net increase
in cost.
Councilmember Smith clarified her vote stating that
this Ordinance was in the realm of managing.
A Resolution of the Council of the City
of Bakersfield establishing Maintenance
District No. 18 and confirming the
assessment (Resolution of Intention No.
1030) "H" Street south of Panama.
Councilmember Christensen made a motion to adopt
Resolution of the Council of the City of Bakersfield establishing
Maintenance District No. 18. This motion was defeated by the fol-
lowing vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmember Smith
Councilmembers Christensen, Ratty,
None
Councilmembers Childs, Dickerson
Moore, Salvaggio
Councilmember Dickerson clarified his
concern of there being a predetermined policy, regarding the
establishment of maintenance districts, which the develop-
ment community understands and can rely on. If the developer
dedicated land for this project, then Council should evaluate
particular project individually. And if the Councilmember in
ward is going to set the tone for these types of maintenance
districts, then Council ought to advise the development
as to how the Council is meeting on this issue.
vote stating his
has
this
the
community
Councilmember Dickerson requested staff report back to
him as to the status of proposed Maintenance District No. 18 in terms
of dedication of land, and what will occu~ as a result of the
implications of tonight's vote.
NEW BUSINESS
First Reading of an Ordinance 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 on the
south side of Stockdale Highway between
Chapala Drive and South Jenkins Road from
an R-1 (One Family Dwelling) Zone to a
C-1 (Limited Commercial) Zone.
Bakersfield, California, September 9, 1987 - Page 8
Adoption of Resolution No. 171-87 of the
Council of the City of Bakersfield
approving a design concept and providing
funding for widening the Ming Avenue at
State Highway 99 Overcrossing.
Upon a motion by Councilmember Ratty, Resolution No.
171-87 of the Council of the City of Bakersfield was adopted by
the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen,
Dickerson, Salvaggio
None
None
Smith, Ratty, Moore,
Adoption of Resolution No. 172-87 of
Application of the Council of the City
of Bakersfield proposing proceedings for
annexation of territory to the City of
Bakersfield identified as Annexation No.
316 (Buena Vista No. 3 Annexation).
Upon a motion by Councilmember Moore, Resolution No.
172-87 of Application of the Council of the City of Bakersfield
was adopted by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen, Smith,
Dickerson, Salvaggio
None
None
Ratty, Moore,
Agreement with North Bakersfield Recrea-
tion and Park District to require
Developer to dedicate park land or pro-
vide in-lieu fees consistent with the
District requirements in Olive Drive No.
1 Annexation.
Upon a motion by Councilmember i~oore, Agreement with
North Bakersfield Recreation and Park District was approved, and
the Mayor was authorized to execute the Agreement.
Amendment to Agreement No. 87-139 be-
tween the City of Bakersfield and Stadler,
Shober & Cline, Inc., dba Pacific
Relocation Consultants for providing
acquisition services for mobile home
acquisition at 6201 Wible Road.
Upon a motion by Councilmember Christensen, Amendment
Agreement No. 87-139 with Stadler, Shober & Cline, Inc., dba
Pacific Relocation Consultants was approved, and the Mayor was
authorized to execute the Agreement.
to
Amendment to Agreement No. 86-190 between
the City of Bakersfield and Edward J.
Wilson, dba, Wilson & Associates for pro-
viding assessment engineering services
for Assessment District No. 87-1 South
Jenkins Road to Buena Vista Road.
Upon a motion by Councilmember Childs, Amendment to
Agreement No. 86-190 with Edward J. Wilson, dba, Wilson &
Associates was approved, and the Mayor was authorized to execute
the Agreement.
Bakersfield, California, September 9, 1987 - Page 9
Agreement with J. E. Grindstaff, Jr., to
provide project engineering services for
the widening and strengthening of the Oak
Street Overpass at the A.T.& S.F.
Railroad yard.
Upon a motion by Councilmember Ratty, the use of funds
from the Stockdale Highway Bridge project was authorized, and the
Mayor was authorized to execute the Agreement with J. E.
Grindstaff, Jr.
Offsite Improvements Agreement with East
Bakersfield Associates (Hahn & Brock),
for East Hills Mall, located south of
State Highway 178 Detween Oswell Street
and Mt. Vernon Avenue.
Upon a motion by Councilmember Smith, Offsite Improve-
ment Agreement with East Bakersfield Associates (Hahn & Brock) was
approved, and the Mayor was authorized to execute the Agreement.
One Vacancy on the Central District
Development Agency due to the resignation
of Phyllis Patrick, effective September 1,
1987.
Mayor Payne nominated Vickie Araujo to fill the vacancy
on the Central District Development Agency.
Upon a motion by Councilmember Salvaggio, Vickie Araujo
was appointed to fill the vacancy on the Central District
Development Agency, term expiring April 22, 1990, by the following
vote:
Ayes: Councilmembers Christensen, Smith, Moore,
Salvaggio
Noes: None
Absent: None
Abstaining: Councilmembers
Childs, Ratty
Dickerson,
COUNCIL STATEMENTS
City Attorney's Resignation.
Councilmember Childs made a motion that Assistant City
Attorney Saalfield be appointed as interim City Attorney effective
October 26, 1987.
Councilmember Dickerson suggested each of the City
Attorneys sit in as the legal representative at a Council meeting.
Councilmember Childs' motion that Assistant City
Attorney $aalfield be appointed as interim City Attorney effective
October 26, 1987, was unanimously approved.
Upon a motion by Councilmember Childs, staff was
directed to come back to Council with a number of search firms
outlining the costs, time element associated with getting someone,
background information of the organization, and all the informa-
tion needed to make a determination for a firm.
Upon a motion by Councilmember Childs, the subject of
Tort Reform was considered an emergency i~em.
Bakersfield, California, September 9, 1987 - Page 10
175
Upon the advice of the City Attorney, Councilmember
Childs' motion that the subject of Tort Reform be considered an
emergency item which arose after the agenda was prepared was
approved by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Smith, Ratty,
Salvaggio
Councilmember Christensen
None
Moore, Dickerson,
Councilmember Childs made a motion that Council go on
record in support of the Tort Reform legislation and adopt
Resolution No. 173-87 of the Council of the City of Bakersfield
in support of local government and California Trial Lawyers
Association Compromise; immediately send the resolution to the
Governor and individual legislatures; show a resolve not to aban-
don the business community or citizenry; and not be a part in any
way to backing off support of others that need it. This motion
was approved by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen, Smith,
Dickerson, Salvaggio
None
None
Ratty, Moore,
Drug Abuse Resistence Education D.A.R.E.)
Program
Councilmember Moore explained that this program educates
the youth regarding drug problems and programs.
Police Chief Price stated that notification has been
received from the Office of Criminal Justice Planning that the
Police Department's request for the D.A.R.E. Program grant has
been approved pending the appeal process.
Councilmember Dickerson requested, since his area is
outside the D.A.R.E. project area, that Police Chief Price review the pro-
gram to see if there is some way to expand it.
Mayor Payne stated that he is a member of the Kern
County Superintendent of Schools Drug and Alcohol Abuse Task
Force, which covers all school districts, and there will be a
meeting on Thursday, September 10, at 9:00 a.m., wherein a
Councilmember could attend in his place and learn all about the
programs.
Upon a motion by Councilmember Dickerson, the City
Attorney was directed to set up a schedule whereby the Attorneys
from the City Attorney's office will sit in as the legal represen-
tative for the Council at Council meetings.
Councilmember Christensen requested clarification as to
whether there is a Council meeting scheduled for September 23,
the same day as the dinner of the Local League of Cities to be
held in Arvin.
Staff indicated that a Council meeting is scheduled for
September 23, 1987.
176
Bakersfield, California, September 9, 1987 - Page 11
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Dickerson, the meeting
adjourned at 9:06 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
rg