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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