HomeMy WebLinkAbout02/13/1991 MINUTES CCBakersfield, California, February 13, 1991
Minutes of the Workshop of the Council of the City
of Bakersfield, California, held in the Council Chambers of
City Hall at 5:15 p.m., February 13, 1991.
The meeting was called to order by Mayor Medders.
Present:
Absent:
Councilmembers Edwards (seated at 5:30), DeMond,
Brunni (seated at 5:20), Peterson,
McDermott, Salvaggio
Councilmember Smith
WORKSHOP
Indirect Source Review.
Planning Director Hardisty introduced Assistant
Planning Director Grady, who reviewed the main points on the
Indirect Source Control Measures Program and discussed the
concerns that the Planning Department has regarding that
program. Assistant Planning Director Grady also provided a
package of information to the Councilmembers that included
documents he received from the Kern County Air Pollution
Control District at some of the workshops he has attended
regarding the Indirect Source Control Rule and the Kern
County Attainment Plan.
Ward Reapportionment.
Planning Director Hardisty reviewed the information
available and the process of amending Ward boundaries.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Peterson, the meeting
was adjourned to Closed Session at 6:00 p.m.
ATTEST:
Council of the City of Bakersfield, CA
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363
Bakersfield, California, February 13, 1991
Minutes of
City of Bakersfield,
of City Hall at 6:00
the Closed Session of the Council of the
California, held in the Council Chambers
p.m., February 13, 1991.
The meeting was called to order by Mayor Medders.
Present:
Absent:
Councilmembers Edwards, DeMond, Brunni,
McDermott, Salvaggio
Councilmember Smith
Peterson,
CLOSED SESSION
Closed Session pursuant to Government
Code Section 54956.9(a), regarding
pending litigation in the case of Joseph
Vera vs. City of Bakersfield.
Upon a motion by Councilmember Peterson, Council
recessed to the City Manager's Conference Room for Closed
Session at 6:00 p.m.
ADJOURNMENT
Upon a motion by Councilmember Brunni, the meeting
for Closed Session was adjourned at 6:28 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Offi6io Clerk of the
Council of the City of Bakersfield, CA
ndw
Bakersfield, California, February 13, 1991
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 13, 1991.
The meeting was called to order by Mayor Medders,
followed by the Invocation by Paul Dennis, Member of the
Board of Deacons, First Assembly of God Church, and the
Pledge of Allegiance.
City Clerk Williams called the roll as follows:
Present:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
PRESENTATION
Mayor Medders presented to Ms. Stephanie Lynch, 7th
District P.T.A. President, a Proclamation to the P.T.A.
proclaiming the month of February as "NATIONAL P.T.A. MONTH".
Mayor Medders presented Council Rings to
Councilmembers Brunni and Edwards in recognition of
completed their first year of service.
having
ae
CONSENT CALENDAR
Approval of Warrant Nos. 5887 to
6452, inclusive, in the amount of
$1,653,866.27 and Self Insurance
Warrant Nos. 1236 to 1357, inclusive,
in the amount of $199,157.29.
Minutes of the Workshop, Closed
Session and Regular Meeting of
January 9, 1991, for approval.
Communications:
Communication from Jaco-Hill
Company, P.O. Box 1807,
dated February 4, 1991,
requesting annexation of
property generally located
at the southwest corner of
Stine and Belle Terrace
containing .4 acres.
(RECEIVE AND REFER TO
PLANNING COMMISSION)
Communication from City
Manager Dale Hawley, dated
February 4, 1991, regarding
Response to County Report
on City Annexations.
(RECEIVE AND PLACE ON FILE)
Dedication of Properties:
Street Right-of-Way Deed
No. 3302 from Castle &
Cooke Development
Corporation for right-of-
way connecting McDivitt
Drive and Schirra Court
west of Ashe Road.
Bakersfield, California, February 13, 1991 Page 2
Grant Deed No. 3303 from
Oceanic Communities, Inc.,
for a park site located
north of Ming Avenue and
east of Buena Vista Road.
Quitclaim Deed No. 3304 to
Marian L. Reynolds for
unused parcel in Fairhaven
Water Division of the City.
Improvement Agreements:
Improvement Agreement No.
91-26 with Oceanic
Communities, Inc., for the
construction of Ming Avenue
from Buena Vista Road to
Old River Road.
Agreement No. 91-27 with
Oceanic Communities, Inc.,
terminating Improvement
Agreement No. 87-236 for
the construction of a
traffic signal on Ming
Avenue approximately 900
feet east of Buena Vista
Road.
Notices of Completion and acceptance
of work:
Contract No. 90-198 with
Safety Electric Corporation
for installation of highway
lighting system on State
Highway 178 at Morning
Drive, completed January 30,
1991.
Contract No. 90-219 with
Halopoff & Sons, Inc., for
construction of roadway on
Panorama Drive from West
Bluff Road to Bryn Mawr
Drive, completed January 24,
1991.
o
Contract No. 90-76 with
Deville Homes for Tract No.
5018, Unit 2, located at
the intersection of
Fruitvale Avenue north of
Hageman Road, completed
February 1, 1991.
Approval of Plans and Specifications:
Traffic signal system on
Brimhall Road at Coffee
Road.
Traffic signal system on "N"
Street at Truxtun Avenue.
3. REMOVED FOR SEPARATE
CONSIDERATION.
Bakersfield, California, February 13, 1991 Page 3
Contract Change Order No. 1 for
Contract No. 90-277 with W.M. Lyles
Co., for the McCutcheon Road sewer
replacement from Ashe Road to 1200
feet west.
Request for Extension of Time from
Sequoia Engineering, Inc., for
Improvement Agreement No. 86-69.
Agreement No. 91-28 with Riverlakes
Ranch, Ltd., for the guarantee of
material and workmanship for the
construction of extending electric
service facilities. (Assessment
District 86-2 - Laborde)
Agreement No. 91-29 with Chevron
U.S.A., Inc., for common use of an
easement within Coffee Road.
Agreement No. 91-30 with Pacific
Bell for their installation and
maintenance of underground telephone
facilities. (Assessment District
86-2 Laborde)
m. REMOVED FOR SEPARATE CONSIDERATION.
Agreement No. 91-31 between City of
Bakersfield, the Arthritis Association
of Kern County and the County of Kern
for the Arthritis Association Adaptive
Aquatic Center Project.
Councilmember Salvaggio advised, with respect to
Item b., the Minutes of the Regular Meeting of January 9,
1991, on page 12, Resolution No. 2-91 Establishing Ambulance
Rates, needed to be corrected to reflect his "No" vote.
Upon a motion by Councilmember Salvaggio, Item
g.3. of the Consent Calendar, Approval of plans and
specifications for Planz Road Overcrossing at Freeway 99, was
removed for separate consideration immediately following the
Consent Calendar.
Upon a motion by Councilmember Brunni, Item m.
the Consent Calendar, Agreement with P.G.& E. for a Pole
Contact Permit, was removed for separate consideration
immediately following the Consent Calendar.
of
Upon a motion by Councilmember Brunni, Items a, b,
c, d, e, f, g, h, i, j, k, and i of the Consent Calendar,
with the correction to Item b and the removal of Items g.3.
and m, were adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Bakersfield, California, February 13, 1991 - Page 4
Approval of plans and specifications
for Planz Road Overcrossing at
Freeway 99.
Councilmember Salvaggio stated he would like staff
to inform the Council if the timetable for the Planz Road
Overcrossing at Freeway 99 becomes unrealistic.
Agreement No. 91-32 with P.G.& E.
for a Pole Contact Permit.
Councilmember Brunni requested an explanation of
how the charges in Exhibit "C" of the Agreement with P.G.& E.
relate to what the City is paying currently.
Assistant Public Works Director Kloepper advised he
did not have a response for how much the City is currently
paying because it is included in the overall flat rate that
the City pays for street lights to P.G.& E. He further
advised that these charges were figured in on determining the
overall cost savings to the City over the year-to-year
process, and that this Agreement is needed in order to have
contact on poles that P.G.& E. will continue to own.
Upon a motion by Councilmember Salvaggio, Items
g.3. and m. of the Consent Calendar were approved by the
following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
PUBLIC STATEMENTS
Ms. Zahidi Neale, a City licensed Massage
Therapist and spokesperson for the Kern Guild of Body Work,
9413 Greenhaven Court, spoke in support of the proposed
Massage Ordinance and thanked the Council for considering the
recommendations made by the Kern Guild of Body Work.
HEARINGS
This is the time set for continued public
hearing to consider an appeal by Simpson-
VanCuren, Inc., to the decision of the
Planning Commission condition X1.G (Public
Works) of Tentative Tract 5424 relating to
improving access to a future park by
requiring additional park frontage along
the easterly extension of Pebbles Drive to
Saddle Drive.
This hearing was continued from the Council meeting
of January 30, 1991.
Mr. Jack Balfanz, representing the applicant,
Community Construction, Inc., withdrew the appeal and
requested that the matter of the alignment of Saddle Drive be
referred back to the Planning Commission for consideration.
Bakersfield, California, February 13, 1991 - Page 5
No protests or objections being received and no one
else wishing to speak in favor, Mayor Medders closed the
public portion of the hearing for Council deliberation and
action.
Councilmember Brunni stated for the record that
she, Mr. Balfanz and people from the Planning, Police and
Traffic staff met to try to work out what they felt would be
best for the people that would ultimately live in this area.
It was decided that Pebbles Drive going through made sense,
and then the issue was raised about Saddle Drive. There was
concern regarding accessibility to the park, adequate parking
and Police safety that would be eliminated by Saddle Drive
going through. Also, there was discussion about potentially
installing stoplights here.
It was noted that the appeal was withdrawn and the
Planning Commission's findings were upheld, and upon a motion
by Councilmember Brunni, the issue of what should be done
with Saddle Drive was referred back to the Planning
Commission, without additional fees, by the following roll
call vote:
Ayes:
Councilmembers
Noes: None
Abstain: None
Absent: None
Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
This is the time set for a public hearing
before the Council of the City of
Bakersfield for consideration of the
report by the Building Director specifying
work done, cost of work and description of
property upon which dangerous buildings
have been demolished, and hearing protests
or objections thereto.
This hearing has been duly advertised, posted and
property owners notified as required by law.
Mayor Medders declared the hearing open for public
participation. No protest or objections being received and
no one wishing to speak in favor, Mayor Medders closed the
public portion of the hearing for Council deliberation and
action.
Adoption of Resolution No. 20-91 of the
Council of the City of Bakersfield
confirming the report of the Building
Director regarding assessments of
certain properties in the City of
Bakersfield for demolition of dangerous
buildings.
Upon a motion by Councilmember Edwards, Resolution
No. 20-91 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Bakersfield, California, February 13, 1991 - Page 6
REPORTS
Councilmember DeMond, Chairperson of the
Legislative and Litigation Committee, read Report No.
regarding Smoking in Work Places, as follows:
2-91
At the meeting of January 9, the City
Council directed the Legislative and
Litigation Committee to review the City's
policy of no smoking in work places. The
Committee met on February 7 to discuss
the issue.
The City of Bakersfield has had a "no
smoking" policy since 1985. It was
amended in 1989 to emphasize that the
City of Bakersfield is committed to
providing a smoke-free work environment.
Employee bargaining units and management
groups were contacted before instituting
the changes, which state: "No person
shall smoke in a City vehicle, no person
shall smoke in a City place of employment
except in designated smoking areas."
The Committee feels that the City's
existing "no smoking" policy addresses
smoke-related health issues and a concern
for public and employee exposure to smoke.
The general public is protected from
second-hand smoke, and those employees
who do smoke are provided smoking areas
as well as various smoking cessation
programs to help them stop smoking if
they so wish.
Therefore, the Committee feels that no
further City Council action is needed at
this time to amend the City's existing
"no smoking" policy and requests Council
acceptance of this report.
Upon a motion by Councilmember DeMond, Legislative
and Litigation Committee Report No. 2-91 was accepted.
Councilmember DeMond spoke to the motion stating
that this issue was referred to committee because of the
action taken by the County. She advised that Council wanted
to see where the City stood, and it was felt that the City
really was in the forefront of "no smoking policies". There
are just a few areas in City work places which allow smoking,
none of which are in work-related areas. Councilmember
DeMond further advised that current hiring procedures for
City firefighters are that no new firefighters are hired with
a smoking habit.
Councilmember Peterson, Chairperson of the Urban
Development Committee, read Report No. 2-91, regarding an
Ordinance Requiring Water Meters on New Construction, as
follows:
Correspondence was received by Council
from California Water Service Company
requesting an ordinance to require the
installation of water meters on new
construction. The letter was referred to
the Urban Development Committee at the
January 30, 1991 meeting.
Bakersfield, California, February 13, 1991 - Page 7
The Committee met with staff and
representatives of California Water
Service Company to discuss water meter
installation on new construction and the
benefits relative to conservation of
water during the drought and the
long-term management of existing water
supplies.
California and the Bakersfield area are
in the fifth year of drought, whereby
surface water supplies are short and
water conservation efforts are being
implemented. Urban water conservation
practices would help reduce potential
water shortages and groundwater overdraft
in Bakersfield and the Kern County area.
An ordinance requiring water meters on
new construction would be consistent with
water management plans of the major water
purveyors in the greater Bakersfield area.
The Committee recognizes that metering of
water to consumers is not the total answer
to water conservation, but is a tool that
can be used in effective management of
water use. Water conservation by
consumers is encouraged at all times, now
and in the future and, although meters do
not necessarily result in conservation,
they do give customers the opportunity to
measure the results of their efforts and
be charged for the water they actually use.
With an ordinance in place, California
Water Service's petition to the California
Public Utilities Commission for permission
to install water meters on new construction
in the Metropolitan area of Bakersfield
would be expedited.
California Water Service indicated that the
only cost difference between installing a
metered service connection instead of a
flat rate service is the cost of a meter
(approximately $30.00). The meters would
be provided by California Water Service for
its future customers.
It is recommended that the City Council
accept this report and direct staff to
prepare an ordinance requiring water meters
be installed on new construction.
Upon a motion by Councilmember Peterson, Urban
Development Committee Report No. 2-91 was accepted.
Councilmember Peterson made a motion to implement
the recommendations of Urban Development Committee Report
No. 2-91.
Bakersfield, California, February 13, 1991 Page 8
Councilmember Salvaggio stated for the record that
for many years the City has urged California Water Service
Company to install meters in areas of new construction in the
City of Bakersfield, and the Council is happy to support them
on this request. He advised that, for those who are on the
flat rate service, they can contact California Water Service
and, at no charge, California Water Service will install a
water meter at their residence. On the meter system, a
person can tell how much water is being used.
Councilmember Salvaggio also advised that, with
respect to Urban Development Committee Report No. 2-91, there
would be no increased cost to the development industry under
this proposal since the cost of installing the meters would
be paid by California Water Service.
Upon a motion by Councilmember Peterson, the
recommendations of Urban Development Committee Report No.
2-91 were implemented.
ACTION ON BIDS
Approval of Contract No. 91-33 with
Valley Steel Construction for Haz-Mat
Parking Garage at Fire Station No. 11.
Upon a motion by Councilmember DeMond, the low bid
from Valley Steel Construction in the amount of $42,690.00
was accepted, all other bids rejected, the transfer of
$27,690 from General Fund Council Contingency and the
appropriation of $27,690 to the Fire Department Capital
Improvement Budget in the Capital Outlay Fund authorized, and
the Mayor authorized to execute the Contract, by the
following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
DEFERRED BUSINESS
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Subsection A of Section 5.32.020,
Section 5.32.030, Section 5.32.040 and
Subsection A of Section 5.32.060, and
adding Subsection D to Section 5.32.020 of
the Bakersfield Municipal Code relating to
Massage Establishments.
On September 19, 1990, Council adopted the current
Massage Ordinance. The Ordinance was referred back to staff,
however, to meet with interested members of the public
regarding further amendments to the Ordinance. After several
meetings, this proposed Ordinance was prepared and presented
to the Budget and Finance Committee at its January 25, 1991
meeting. The Committee approved the changes and recommends
first reading. Changes include:
Bakersfield, California, February 13, 1991 - Page 9
Provision for massage technicians
with permits to perform massage on
residents of health facilities
without requiring a massage
establishment permit for such
facilities.
Lowering the minimum age of
technicians from 21 to 18 years.
Requirement that establishments be
operated in accordance with all
state and local health regulations,
rather than those specific health-
related regulations set forth in the
current ordinance which are not
required by the health department.
Adoption of Ordinance No. 3339 of the
Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code and City
Zoning Map No. 123-18 by prezoning that
certain property located south of White
Lane, east of Buena Vista Road contiguous
to the boundary of the City of Bakersfield
known as the Buena Vista No. 4 Annexation
(Ward 4).
This Ordinance was given first reading at the
meeting of January 30, 1991.
Upon a motion by Councilmember Brunni, Ordinance
No. 3339 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Councilmembers
Noes: None
Abstain: None
Absent: None
Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Councilmember Brunni requested, that when the area
that is being annexed comes for actual zoning, staff to try
to expedite the widening of White Lane that fronts it.
Adoption of Ordinance No. 3340 of the
Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code and City
Zoning Map No. 123-26 by prezoning that
certain property located south of the
Arvin-Edison Canal to Hosking Avenue,
west of Wible Road contiguous to the
boundary of the City of Bakersfield
known as the Wible No. 8 Annexation
(Ward 6).
This Ordinance was given first reading at the
meeting of January 30, 1991.
Bakersfield, California, February 13, 1991 Page 10
Upon a motion by Councilmember McDermott, Ordinance
No. 3340 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
Councilmember Brunni advised that due to a legal
conflict of interest, she requested that the following item,
Ordinance No. 3341, be split so that she could vote on number
(1) and be absent from the voting on number (2).
Upon a motion by Councilmember Brunni, the voting
on Ordinance No. 3341 was split.
Adoption of Ordinance No. 3341 of the
Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code adopting (1)
Zoning Map #101-13 with the approved
zoning upon annexation designations
located south of Reina Road, west of
Jewetta Avenue, east of Allen Road to
Hageman Road.
This Ordinance was given first reading at the
meeting of January 30, 1991.
Upon a motion by Councilmember Brunni, Ordinance
No. 3341 of the Council of the City of Bakersfield adopting
Zoning Map #101-13 was adopted by the following roll call
vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Adoption of Ordinance No. 3341 of the
Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code adopting (2)
Zoning Map #123-35 with the approved
zoning upon annexation designations
located south of ~o~k[ng Avenue, west of
Wible Road, east of Stine Road to Taft
Highway.
Upon a motion by Councilmember McDermott, Ordinance
No. 3341 of the Council of the City of Bakersfield adopting
Zoning Map #123-35 was adopted by the following roll call
vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Peterson,
McDermott, Salvaggio
None
None
Councilmember Brunni
Noes:
Abstain:
Absent:
Bakersfield, California, February 13, 1991 - Page 11
Adoption of Ordinance No. 3342 of the
Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code and Zoning
Map No. 102-32 by changing the Land Use
Zoning of that certain property in the
City of Bakersfield located on the south
side of Brimhall Road approximately 700
feet west of Coffee Road from an M-2
(General Manufacturing) Zone to a C-2
(Commercial) Zone.
This Ordinance was given first reading at the
meeting of January 30, 1991.
Upon a motion by Councilmember Brunni, Ordinance
No. 3342 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
NEW BUSINESS
Referral of a Resolution of the Council
of the City of Bakersfield supporting the
inclusion of cities on the Board of a
Unified Air Pollution Control District
for the San Joaquin Valley Air Basin.
Upon a motion by Councilmember Brunni, the
Resolution was referred back to the Intergovernmental
Relations Committee for appropriate wording that would more
clearly define Council's position regarding local control by
the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott
Councilmember Salvaggio
None
None
Noes:
Abstain:
Absent:
Adoption of Resolution No. 21-91 of the
Council of the City of Bakersfield
amending Resolution No. 10-89 setting
salaries and related benefits for
officers and employees of the General
Supervisory, Police Supervisory and
Management Units and adopting City
schedule of paid holidays for all City
employees and all bargaining units.
(Fire Marshal and Fire Training Officer)
Upon a motion by Councilmember Edwards, Resolution
No. 21-91 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Bakersfield, California, February 13, 1991 - Page 12
Adoption of Resolution No. 22-91 of the
Council of the City of Bakersfield
approving Memorandum of Understanding for
employees of the Blue and White Collar
Units of the City of Bakersfield; adopting
salary schedule and related benefits;
reclassifying Engineering Drafter to
Computer Drafting Technician II; deleting
Class Title of Engineering Drafter; and
adding Computer Drafting Technician I to
the White Collar Unit.
Upon a motion by Councilmember DeMond, Resolution
No. 22-91 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Adoption of Resolution No. 23-91 of the
Council of the City of Bakersfield
extending Resolution No. 10-89 setting
salaries and related benefits for officers
and employees of the General Supervisory
Unit, the Police Supervisory Unit and
Management Unit; and adopting City
schedule of paid holidays for these units
and also the Fire Supervisory Unit.
Upon a motion by Councilmember Peterson, Resolution
No. 23-91 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, Salvaggio
None
None
Councilmember McDermott
Councilmember Salvaggio stated that, with the
increase in the cost for health insurance, it was a difficult
decision for him to support the agreement for the Blue and
White Collar Units because that Unit is the lowest paid of
the three groups. He further stated he was happy to support
the five percent pay increase.
Upon a motion by Councilmember McDermott,
Resolution No. 23-91 of the Council of the City of
Bakersfield was reconsidered.
Upon a motion by Councilmember Peterson, Resolution
No. 23-91 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni
Peterson, McDermott, Salvaggio
None
None
None
Bakersfield, California, February 13, 1991 - Page 13
Reclassification of job specification for
Engineering Drafter to Computer Drafting
Technician II and addition of job
specification for Computer Drafting
Technician I.
Upon a motion by Councilmember Peterson, the job
specifications were approved.
Job title changes, reclassifications and
revisions to job specifications in the
Blue and White Collar Units, General
Supervisory and Management Units.
Upon a motion by Councilmember DeMond, this item
was referred to the Personnel Committee.
Approval of Agreement No. 91-34 with
Kevin McCarthy to refurbish and operate
the existing batting range located at
Bakersfield Municipal Sports Complex.
Upon a motion by Councilmember Brunni, Agreement
No. 91-34 was approved and the Mayor authorized to execute
the Agreement.
One appointment to the Central District
Development Agency due to the resignation
of Robert D. Watson, term expiring
April 22, 1991.
Mayor Medders recommended Mr. Phillip L. Gaskill be
appointed to the Central District Development Agency.
Upon a motion by Councilmember Peterson, Mr.
Phillip L. Gaskill was appointed to the Central District
Development Agency, term expiring April 22, 1991.
Two (2) appointments to the Citizens'
Parks and Recreation Committee due to the
resignations of Terry Gosney (Ward 5),
term expiring November 1991; and Barbara
Lomas (Ward 7), term expiring November
1993.
Upon a motion by Councilmember Peterson,
Mr. Leonard Schroeder was appointed to the Citizens' Parks
and Recreation Committee to fill the vacancy representing
Ward 5, term expiring November 1991.
Councilmember Peterson requested that Mr. Schroeder
stand and be recognized.
Councilmember Salvaggio advised he had requested that the
appointment to the Citizens' Parks and Recreation Committee
representing Ward 7 be referred to the Convention Center and
Community Services Committee for recommendation back to the
Council.
At the request of Mayor Medders, City Manager
Hawley introduced and recognized the new Community Services
Manager, Mr. Leland Anderson.
Bakersfield, California, February 13, 1991 - Page 14
COUNCIL STATEMENTS
Ward Boundary Reapportionment.
Councilmember Salvaggio made the following
statement:
Earlier we had a Workshop on the issue of
Ward Reapportionment, and it comes as no
surprise as a result of Bakersfield's
tremendous growth and number of
annexations since 1985, both State law
and Council policy will require the City
to begin the oftentimes tedious and very
political process of reapportionment.
This process is extremely important
because it touches on one of the most
fundamental rights of the democratic
system, and that is fair and equal
representation. With this in mind, the
Council, and that's each and every one of
us, should make every effort to avoid any
semblance of Ward wars over redrawing the
City Council boundaries.
You will recall the very divisive process
that the Council went through in 1981 and
then the not so divisive process that the
Council went through in 1985, just prior
to Councilwoman Smith and myself coming on
the Council.
The reapportionment process should be as
fair and equitable as it can be, and I
believe that Council has the ability and
obligation to make sure that this year's
process is done without regard to politics,
personality differences or personal gain.
The effects of reapportionment can often
make victims of the voters, and that's the
first thing we should try to avoid.
When we discussed this same issue in the
Spring of '87, when we thought we would
have to redo the Ward boundaries and we
didn't, it became known to us that
Downtown voters hadn't voted for a
Councilmember in six years, and that was
the result of that reapportionment
process that occurred in 1985 that I
mentioned a moment ago. It may not have
been a situation of bloodletting and
political divisiveness, but that was one
of the results. Another result was that
some southwest Bakersfield residents near
Wible and Planz roads ended up voting
three times in a two-year period. I'm
sure we could go on and on with other
examples like this, here and elsewhere.
Given this, the Council, I believe,
should set a good example and adjust the
Ward boundaries in an open, fair and
impartial manner that will ensure proper
representation for all its citizens.
Bakersfield, California, February 13, 1991 - Page 15
I, therefore, ask the Council to meet on
this issue as a committee of the whole
and conduct the reapportionment process
in full, public view. Meeting and
jockeying behind closed doors to swap
voter precincts like baseball cards is an
affront to the citizens we serve. Let's
conduct the public's business in public.
Nobody elected any staff member to re-draw
the boundaries or represent our
neighborhoods.
No other Councilmembers or Mayor, acting
as a limited committee, should have the
power to possibly impose their political
viewpoints on the entire community. Only
the duly elected representatives of all
the Wards should decide, with public
input, what constitutes appropriate Ward
boundaries.
I would hope that my fellow Councilmembers
believe the reapportionment process in
Bakersfield should be as open and above-
board as possible and will agree to
conduct the process as a full Council,
inviting the public to take part,
listening to any input they may have.
Citizen participation is not new. It's
not a new idea. We call it democracy.
Let's be above suspicion and bring open
and accessible government to this important
process. Fresh air and sunlight have a way
of keeping things from festering. And
that's my motion that when the time comes,
when we get the census results, when staff
feels that we have data to proceed or to
commence, that this Council meet as a
committee of the whole and deliberate this
issue in public. I so move.
After much discussion, Councilmember Salvaggio's
motion that the Council meet as a committee of the whole and
deliberate the reapportionment issue in public was approved
by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
$alvaggio
Councilmembers Peterson, McDermott
None
None
Noes:
Abstain:
Absent:
Councilmember Peterson advised he met with the
Emergency Medical Advisory Board on February 12, 1991,
regarding the Ambulance Ordinance, and it was decided that
the common rate language be deleted entirely. He further
advised the County is re-evaluating it's position but, at
present, the ordinance gives them a way of regulating the
unincorporated areas without affecting what the City does,
for right now, it is business as usual for the City.
Councilmember Peterson also thanked the new City Attorney
the City Manager for their efforts in this regard.
so
and
Bakersfield, California, February 13, 1991 Page 16
Upon a motion by Councilmember McDermott, the issue
of the Alternate Planning Commissioner was referred to the
Urban Development Committee to review with the Planning
Commission the process currently used by the City, to
evaluate and determine if this position should be full-time
so that every year there would be two appointments made to
the Planning Commission, and bring back a recommendation to
the Council.
Upon a motion by Councilmember McDermott, new
Assembly Bill 203 was referred to the Legislative and
Litigation Committee to review and draft the strongest
wording possible for the Council to take a position against
AB 203.
*See be]0w.
Councilmember McDermott thanked Police Chief
Patterson and the Police Department for the outstanding job
they have done in reducing the crime rate in the City of
Bakersfield.
Councilmember Brunni referred to staff the drafting
of a resolution in support of the Family-to-Family Home Day
Care Project to be presented by the Mayor at a press
conference on March 9, 1991.
Councilmember Brunni commended City Manager Hawley
on the memorandum he wrote on February 4, 1991, in response
to the County Report on City Annexations.
Councilmember Brunni thanked the staff members of
Fire Station No. 5 for going out of their way to make her
feel at home when she rode with them.
Councilmember DeMond spoke regarding the
Legislative Bulletins that Council receives from the League
of California Cities. She stated that Council needs to
become more visible, both in support and opposition, in its
position on many of the issues. Councilmember DeMond
suggested that staff be directed to review the Bulletins and
make recommendations to the Council on a regular basis as to
what position to take, and perhaps to draft the proper
resolutions on those items which are clear cut.
Councilmember Edwards requested that a letter he
received from Kathleen Hannum, 609 "G" Street, regarding
suggested improvements to the Downtown Area, be referred to
the City Manager for a response.
Upon a motion by Councilmember McDermott, all items
of proposed legislation that have arisen or may arise in the
State Legislature were referred to the Legislative and
Litigation Committee to bring back recommendations for
Council position.
*Upon a motion by Councilmember McDermott, the issue of Council meeting with
the Auditor in Closed Session was referred to the Budget and Finance Committee
to bring a recommendation back to the Council.
Bakersfield, California, February 13, 1991 Page 17
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Peterson, the meeting
was adjourned at 8:40 p.m.
ATTEST:
CITY CLERK and Ex Offlclo Clerk of the
Council of the City of Bakersfield, CA
ndw