HomeMy WebLinkAbout11/29/1989 MINUTES CCBakersfield, California, November 29, 1989
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., November 29, 1989.
The meeting was called to order by Mayor Medders.
Present: Councilmembers Anthony, DeMond, Smith,
Peterson, McDermott, Salvaggio
Absent: None
Ratty,
EARTHQUAKE RESCUE
Owen McCarthy, Assistant Chief of
Fire Department, presented to the Council
which could be created by an earthquake.
the Bakersfield
possible problems
Fire Chief Larry Graham presented slides of
possibilities of earthquake damage to the City of Bakersfield.
Fire Captain Mike Davies presented slides reflecting
the various life-saving/rescue methods/teams in the City of
Bakersfield.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember DeMond, the meeting was
adjourned at 5:45 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
¢
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
kdsc
Bakersfield, California, November 29, 1989
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., November 29, 1989.
The meeting was called to order by Mayor Medders,
followed by the Invocation by Randy Rankin, First Assembly of
God Church, and the Pledge of Allegiance by a member of the Boy
Scouts, Den No. 1, Laurelglen.
City Clerk Williams called the roll as follows:
Present:
Absent:
Councilmembers Smith, Anthony,
Peterson, Salvaggio
Councilmember McDermott
DeMond,
Ratty,
ELECTION
Receipt of Certificate of Election from
Kern County Clerk of results of the General
Municipal Election for the Office of
Councilmember in the First, Third, Fourth
and Seventh Wards, and the Special
Municipal Election for the Office of
Councilmember in the First Ward, Short
Term, held on the 7th day of November,
1989.
The results of the election were as follows:
GENERAL MUNICIPAL ELECTION
WARD NO.
Lynn Edwards 1,018
H. Crisp Robinson 34
Sharon Owens 154
James R. Turner 29
Edwin L. Holiwell 91
Art Powell 400
WARD NO. 3:
Henry O. McCarthy 467
Patricia M. Smith 2,159
WARD NO. 4:
Conni Dodge Brunni 2,140
Dan Crisp 1,500
WARD NO. 7: Mark C. Salvaggio 964
SPECIAL MUNICIPAL ELECTION
WARD NO. 1 (SHORT TERM): 0
Upon a motion by Councilmember DeMond,
Certificate of Election was received and placed
spread in full in the minutes.
the Receipt of
on file to be
Bakersfield, California, November 29, 1989 Page 2
CERTIFICATE OF COUNTY CLERK FOR THE CANVASS
OF THE CONSOLIDATED DISTRICTS ELECTION HELD
NOVEMBER 7, 1989.
STATE OF CALIFORNIA )
) ss
COUNTY OF KERN )
I, GALE S. ENSTAD, County Clerk-Recorder, County of
Kern, State of California, HEREBY CERTIFY that I have canvassed
the returns of the votes cast in the:
CITY OF BAKERSFIELD
at the Consolidated Districts Election held on November 7,
1989, and that the whole number of votes cast for each
candidate as shown, are full, true and correct.
IN WITNESS WHEREOF I do hereby set my hand and the
Official Seal of the County of Kern this 21st day of November,
1989.
GALE S. ENSTAD
County Clerk-Recorder
County of Kern
State of California
By /s/ Hugh Denton, Deputy
Bakersfield,
California,
November
29, 1989 - Page 3
STATEMENT
GENERAL
OF ALL
AT THE
MUNICIPAL
VOTES
CAST
HELD
NOVEMBER 7, 1989
CITY OF BAKERSFIELD
STATE OF CALIFORNIA
ELECTION
Bakersfield, California, November 29, 1989 - Page 4
WARD NO. 1
CON.
PRECINCT
NO.
REGIST~ED VOTES EDWARDS ROBINSON OWtl~S TURNtlR HOLIWELL
VOl'mS CAST
242 777 149 88 0 18 0 8
243 762 103 60 3 17 0 5
244 801 110 62 2 4 8 8
245 923 133 56 2 6 0 2
246 1107 170 92 2 11 0 2
247 765 197 135 5 22 0 7
248 1084 231 144 1 15 2 8
249 543 128 75 2 10 5 3
250 555 103 61 2 5 2 7
251 814 130 72 1 18 3 10
252 706 122 59 7 8 6 13
319 0 0 0 0 0 0 0
320 16 3 1 0 2 0 0
321 0 0 0 0 0 0 0
324 0 0 0 0 0 0 0
325 2 1 0 0 0 0 0
326 0 0 0 0 0 0 0
438 0 0 0 0 0 0 0
439 0 0 0 0 0 0 0
440 0 0 0 0 0 0 0
441 0 0 0 0 0 0 0
8795 213 113 7 18 3 18
30
18
22
62
50
23
44
33
21
23
27
0
0
0
0
1
0
0
0
0
0
46
GRAND
TOTALS 8795 1793 1018 34 154 29 91 400
Bakersfield, California, November 29, 1989 - Page 5
WARD NO. 3
CON.
PRECINCT
NO.
REGISTERED VOTES McCARTHY
VOTERS CAST
SMITH
141 714 115 24 91
142 799 142 26 114
143 990 186 24 161
144 1077 289 31 256
145 1063 195 32 162
146 1220 242 36 204
147 790 122 17 105
148 400 77 19 57
149 1153 203 26 171
150 1119 157 25 127
151 698 85 19 64
152 897 134 41 93
153 643 96 21 74
154 215 54 2 52
159 400 83 27 55
273 4 4 0 4
274 0 0 0 0
318 1 1 0 1
385 140 61 8 48
386 47 28 3 24
387 0 0 0 0
393 10 2 1 0
437 45 15 6 8
444 0 0 0 0
12425 375 79 288
ABSENTEE
TOTALS
GRAND
TOTALS 12425 2666 467 2159
244
Bakersfield, California, November 29, 1989 - Page 6
WARD NO. 4
CON.
PRECINCT
NO.
REGISTERED VOTES BRUNNI
VOTERS CAST
CRISP
155 608 96 49 47
156 640 152 88 63
157 822 145 78 66
158 1288 397 206 185
194 1175 129 65 61
195 791 156 79 76
196 1123 323 211 106
197 699 176 113 60
198 780 98 52 45
199 995 232 157 74
200 742 169 104 64
201 645 84 51 32
202 553 158 88 70
203 1099 389 272 116
204 560 115 60 54
205 263 76 50 26
257 599 173 87 85
258 382 106 58 46
388 58 15 4 11
389 42 20 6 13
390 0 0 0 0
391 2 1 1 0
392 0 0 0 0
394 1 1 1 0
414 40 12 8 4
415 73 37 18 18
416 123 42 31 11
417 0 0 0 0
422 0 0 0 0
443 0 0 0 0
14108 378 203 167
ABSENTEE
TOTALS
GRAND
TOTALS 14108 3680 2140 1500
Bakersfield, California, November 29, 1989 Page 7
WARD NO. 7
CON.
PRECINCT
NO.
78
79
8O
81
82
83
84
85
86
253
254
255
256
259
322
323
442
ABSENTEE
TOTALS
REGISTERED
VOTERS
1119
960
685
994
315
859
746
627
772
912
250
819
754
828
100
54
33
10827
VOTES
CAST
112
64
55
95
59
5O
72
36
55
92
20
65
60
77
26
10
6
164
SALVAGGIO
100
52
52
84
53
44
51
29
51
8O
18
60
54
68
19
10
2
137
GRAND
TOTALS 10827 1118 964
Bakersfield, California, November 29, 1989 - Page 8
Adoption of Resolution No. 195-89 of the
Council of the City of Bakersfield
declaring the results of the General
Municipal Election for the Election of
Councilmembers to the City Council in the
First, Third, Fourth and Seventh Wards and
the Special Municipal Election for the
purpose of filling a vacancy on the Council
for the unexpired term in Ward One, held in
the City of Bakersfield on the 7th day of
November, 1989.
This Resolution accepts the results of the General
and Special Municipal Election as certified by the Kern County
Clerk.
Upon a motion by Councilmember DeMond, Resolution
No. 195-89 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond, Ratty,
Peterson, Salvaggio
None
None
Councilmember McDermott
Noes:
Abstain:
Absent:
Bakersfield, California, November 29, 1989 - Page 9
RESOLUTION NO. 195-89
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD DECLARING THE RESULTS OF THE
GENERAL MUNICIPAL ELECTION FOR THE ELECTION
OF COUNCILMEMBERS TO THE CITY COUNCIL IN
THE FIRST, THIRD, FOURTH, AND SEVENTH WARDS
AND THE SPECIAL MUNICIPAL ELECTION FOR THE
PURPOSE OF FILLING A VACANCY ON THE COUNCIL
FOR THE UNEXPIRED TERM IN WARD ONE, HELD IN
THE CITY OF BAKERSFIELD ON THE 7TH DAY OF
NOVEMBER, 1989.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield as follows:
SECTION 1.
That the City Council does hereby find, determine and
declare as follows:
1. That pursuant to applicable law, a General
Municipal Election was held in the City of Bakersfield on the
7th day of November, 1989, for the purpose of electing
Councilmembers to the City Council in Wards 1, 3, 4 and 7; and
2. That said election was held and conducted in
conformity with all applicable provisions of law; and
3. That pursuant to direction of the City Council,
the County Clerk of the County of Kern has heretofore conducted
a canvass of the results thereof and has filed with said City
Council a certificate relating thereto which has been examined
and is hereby accepted by this City Council; and
4. That the City Council does hereby accept the
canvass of record of said elections as certified by said County
Clerk, attached hereto as Exhibit "A," and does hereby resolve,
determine and declare the results of said General Municipal
Election as follows:
WARD 1 - COUNCILMEMBER
Lynn Edwards 1,018
H. Crisp Robinson 34
Sharon Owens 154
James R. Turner 29
Edwin L. Holiwell 91
Art Powell 400
WARD 3 - COUNCILMEMBER
Henry O. McCarthy 467
Patricia M. Smith 2,159
WARD 4 - COUNCILMEMBER
Conni Dodge Brunni 2,140
Dan Crisp 1,500
WARD 7 - COUNCILMEMBER
Mark C. Salvaggio 964
Bakersfield, California, November 29, 1989 - Page 10
5. That the City Council does hereby declare the
following persons to be elected to the office of City
Councilmember for a full, four-year term, as follows:
WARD 1: LYNN EDWARDS
WARD 3: PATRICIA M. SMITH
WARD 4: CONNI DODGE BRUNNI
WARD 7: MARK C. SALVAGGIO
6. That the Statement of Election Results reflects
that there were no votes cast for the Special Election, Short
Term, Ward 1.
7. That the City Clerk is hereby directed to enter
this resolution in full in the minutes of this City Council,
which entry shall constitute the City Clerk's Statement of the
results of the election.
8. That the City Clerk shall certify the adoption of
this resolution.
.......... o0o ..........
I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at
a regular meeting thereof held on November 29, 1989, by the
following vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony,
Peterson, Salvaggio
None
None
Councilmember McDermott
DeMond, Ratty,
APPROVED
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
ARTHUR J. SAALFIELD
CITY ATTORNEY of the City of Bakersfield
PRESENTATIONS
Mayor Medders presented a clock plaque to
Councilmember Anthony in sincere appreciation for his efforts
on behalf of the City of Bakersfield during a difficult period
of time.
Mayor Medders presented a clock plaque to
Councilmember Ratty in grateful appreciation for twelve years
of service to the citizens of the City of Bakersfield,
1977-1989.
Councilmember Ratty gave his thoughts as to how the
Council should progress and thanked everyone for their support.
Bakersfield, California, November 29, 1989 - Page 11
Councilmember Anthony read a statement to the
Honorable Mayor and City Council:
Departing from a good experience is always
difficult, regardless of the necessity. I
would like to express my appreciation to
you, the City at large, and in particular
to the residents of Ward One for all the
generous support and encouragement I
received. My time here on the Council has
been a very positive experience, although
very trying at times. If it were not for
your guidance, advice, and periodic
constructive criticism, my performance as
an interim Councilman would not have
progressed as smoothly. Time will not
permit me to say what's in my heart about
each of you individually; however, as a
governing body elected by the citizens of
Bakersfield, you hold a position ordained
of God. You're often misunderstood and
unappreciated; however, you continue to
serve your constituents with fairness and
sensitivity. I can personally attest to
the fact that you are often faced with
difficult decisions under heated
controversies, yet you continue to maintain
the ability to compromise even though any
decision is thought to be a wrong decision.
Keep your priorities in order, and I say to
the City at large, you have an excellent
City Council. Support them.
Councilmember Salvaggio stated to Councilmember
Anthony that he has enjoyed working with him the last six
months.
Councilmember Salvaggio highlighted what he
remembered most about Councilmember Ratty over the past four
years.
Councilmember Smith recognized the service by
Councilmembers Ratty and Anthony.
Councilmember Peterson commended Councilmember
Anthony for being a peacemaker when the Council needed one, and
expressed his appreciation for the time and effort
Councilmember Anthony expended for the City of Bakersfield.
Councilmember Peterson commended Councilmember Ratty
for the heartfelt service he has given the community.
Councilmember DeMond stated that she would miss both
Councilmember Ratty and Councilmember Anthony.
ADJOURNMENT
There being no further business to come before the
37th Council of the City of Bakersfield, upon a motion by
Councilmember Smith, the Council was adjourned at 7:25 p.m.
Bakersfield, California, November 29, 1989 - Page 12
NEWLY ELECTED COUNCILMEMBERS SWORN IN BY
CITY CLERK
City Clerk Williams administered the Oath of Office
to the following newly-elected Councilmembers:
Lynn Edwards
Patricia M. Smith
Conni Dodge Brunni
Mark C. Salvaggio
Councilmember First Ward
Councilmember Third Ward
Councilmember Fourth Ward
Councilmember Seventh Ward
Mayor Medders convened the 38th Council of the City
of Bakersfield.
the roll
follows:
City Clerk Williams stated it is her pleasure to call
of the 38th Council of the City of Bakersfield as
Present: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, Salvaggio,
Absent: Councilmember McDermott
STATEMENTS
City Clerk Williams read a prepared statement
Councilmember McDermott as follows:
Honorable Mayor and Members of the
Bakersfield City Council:
I appreciate the opportunity to express
these thoughts, although I am not able to
personally attend the meeting.
This evening, the Bakersfield City Council
will begin a new two-year session. I look
forward to building on the foundation laid
by the last Council, a foundation built on
cooperation. The opportunity to attend
this important meeting is unfortunately not
available to me. Ours is a part-time
Council. We all have other duties and
responsibilities. Mine have carried me,
appropriately, to our nation's capital. As
I prepare these comments, I can look out my
window and see the Washington Monument.
This symbol reminds me of the importance of
volunteers in building our country. George
Washington was a farmer, not a professional
politician.
I would like to address my first comments
to the volunteers who helped our Council in
the last term. Dr. Don Ratty has given
twelve years to Bakersfield. I would like
to thank him for his outstanding service.
Oscar Anthony came to the Council in a time
of crisis and offered to help. Thank you,
Oscar, for helping the Council through your
hard work over the last six months.
from
Bakersfield, California, November 29, 1989 - Page 13
support.
support.
Perhaps the major accomplishment of the
last two years has been the ability of the
Council to work together. I believe that
Pat Smith's performance as Vice-Mayor had
much to do with that success. Thank you
very much, Pat.
I also would like to welcome Lynn Edwards
and Conni Brunni to the Council. You have
both taken a big step in volunteering to
serve and then being selected by the
people. I congratulate both of you.
Although we are selected by wards, we all
represent Bakersfield. I look forward to
working with you to build a better
Bakersfield.
As the Council reorganizes tonight and
elects a new Vice-Mayor, I urge the Council
to consider the direction it wants to take.
A Vice-Mayor that represents a majority of
the City Council will be critical to a
Council that works together over the next
two years. We must select a Vice-Mayor
that will allow the strengths of all
members to be utilized.
The committee system allows a part-time
Council to function. Through Committees,
members become experts in various areas.
As much as we try, we must realize we
cannot be experts in all facets of city
government. In every level of government,
city, state and federal, committees exist
to build better government. Our Vice-Mayor
must be committed to continuing our
committee system.
I would hope that the Council will return
to having 7 committees. I would suggest we
consider combining the Legislative and
Litigation Committees.
A Vice-Mayor that is committed to working
with the Council, not against it, should be
foremost in your deliberations. I wish I
could participate, but because I cannot, I
place my trust in the rest of the Council.
Ours has been an excellent example of a
Council with the ability to disagree
agreeably. Your decision tonight will
determine whether that tradition will
continue. Good luck!
Kevin McDermott
Councilmember Edwards thanked everyone for
Councilmember Brunni thanked everyone for
their
their
252
Bakersfield, California, November 29, 1989 - Page 14
REORGANIZATION OF CITY COUNCIL
Election of Vice-Mayor.
Councilmember Smith spoke in support of an ordinance
rotating Vice-Mayorship.
Councilmember Smith nominated Councilmember Peterson
to Vice-Mayor of the Council of the City of Bakersfield.
Councilmember DeMond nominated Councilmember
Salvaggio to Vice-Mayor of the Council of the City of
Bakersfield.
Upon a motion by Councilmember Smith, the nominations
for Vice-Mayor of the Council of the City of Bakersfield were
closed.
The motion by Councilmember Smith to nominate
Councilmember Peterson to Vice-Mayor of the Council of the City
of Bakersfield failed by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Brunni, Peterson
Councilmembers Edwards, DeMond, Salvaggio
Mayor Medders
Councilmember McDermott
Pursuant to Section 14 of the City Charter, which
states that in case of a tie vote by the Council, the Mayor
shall cast the deciding vote, Mayor Medders abstained.
The motion by Councilmember DeMond to nominate
Councilmember Salvaggio to Vice-Mayor of the Council of the
City of Bakersfield failed by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Salvaggio
Councilmembers Smith, Brunni, Peterson
Mayor Medders
Councilmember McDermott
Pursuant to Section 14 of the City Charter, which
states that in case of a tie vote by the Council, the Mayor
shall cast the deciding vote, Mayor Medders abstained.
Councilmember
Councilmember McDermott
City of Bakersfield.
Smith made a motion to nominate
to Vice-Mayor of the Council of the
Upon a motion by Councilmember Smith, nominations for
Vice-Mayor of the Council of the City of Bakersfield were
closed.
The motion by Councilmember Smith to nominate
Councilmember McDermott as Vice-Mayor of the Council of the
City of Bakersfield failed by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Brunni, Peterson
Councilmembers Edwards, DeMond, Salvaggio
Mayor Medders
Councilmember McDermott
Pursuant to Section 14 of the City Charter, which
states that in case of a tie vote by the Council, the Mayor
shall cast the deciding vote, Mayor Medders abstained.
Bakersfield, California, November 29, 1989 - Page 15
Councilmember Peterson made a motion to postpone the
election of the Vice-Mayor to the Council meeting of
December 13, 1989.
Councilmember Brunni spoke in support of postponing
the vote for Vice-Mayor.
Councilmember Peterson asked if there was any way the
Council could contact Councilmember McDermott tonight and
obtain his vote for Vice-Mayor.
election
December 1
The motion by Councilmember Peterson to postpone the
of the Vice-Mayor to the Council meeting of
3, 1989, failed by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Brunni, Peterson
Councilmembers Edwards, DeMond, Salvaggio
Mayor Medders
Councilmember McDermott
Pursuant to Section 14 of the City Charter, which
states that in case of a tie vote by the Council, the Mayor
shall cast the deciding vote, Mayor Medders abstained.
Councilmember Peterson made a motion to suspend the
rule that requires a Councilmember to be present to vote so
that an absent member can vote.
Councilmember DeMond spoke in opposition to
telephoning Councilmember McDermott to obtain his vote. It is
an item that arose after the Agenda was prepared. She also
felt that this would set a dangerous precedence.
The motion by Councilmember Peterson to suspend the
rule that requires a Councilmember to be present to vote so
that an absent member can vote failed by the following roll
call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Brunni, Peterson
Councilmembers Edwards, DeMond, Salvaggio,
Medders
None
Councilmember McDermott
Mayor
Pursuant to Section 14 of the City Charter, which
states that in case of a tie vote by the Council, the Mayor
shall cast the deciding vote, Mayor Medders voted no.
Upon a motion by Councilmember DeMond, the Council
was recessed at 7:55 p.m. and reconvened at 8:05 p.m.
Councilmember Brunni nominated Councilmember Smith as
Vice-Mayor of the Council of the City of Bakersfield.
Councilmember Salvaggio nominated Councilmember
Peterson as Vice-Mayor of the Council of the City of
Bakersfield.
Councilmember Smith withdrew her nomination for
Vice-Mayor of the Council of the City of Bakersfield.
Upon a motion by Councilmember Brunni, the
nominations for Vice-Mayor of the Council of the City of
Bakersfield were closed.
254
Bakersfield, California, November 29, 1989 Page 16
The motion by Councilmember Salvaggio to
Councilmember Peterson as Vice-Mayor of the Council of
of Bakersfield was approved by the following roll call
nominate
the City
vote:
Ayes: Councilmembers Edwards, DeMond,
Peterson, Salvaggio
Noes: None
Abstain: None
Absent: Councilmember McDermott
Smith, Brunni,
Consider Committees and Appointments.
Councilmember
considering committees
1989.
Peterson made a motion to postpone
and appointments until December 13,
Upon a motion by Councilmember Peterson, Council was
asked to consider combining the Litigation Committee with the
Legislative Committee, the Council postponed the committee
appointments until December 13, 1989, and if there is immediate
business before the Council, the new members will assume prior
members' committee assignments until the Council can reorganize
at the December 13, 1989 Council meeting.
Appointment of Councilmember
to Bakersfield Water Board.
The issue of appointment of
Bakersfield Water Board was postponed
1989 Council meeting.
Councilmember to the
until the December 13,
Calendar:
The
CONSENT CALENDAR
following items were listed
on the Consent
Minutes of the Workshop and Regular
Meeting of November 15, 1989, for
approval.
Communication from Kern City Civic
Association, 1003 Pebble Beach
Drive, dated November 8, 1989,
regarding offering a plot of land
for the purpose of a Senior Citizen
Center in southwest Bakersfield.
(RECEIVE AND REFER TO COMMUNITY
DEVELOPMENT)
Improvement Agreement No. 89-270
with Gregory D. Bynum & Associates,
Inc., to convert approximately
2,300 lineal feet of the Carrier
Canal located west of Oak Street to
concrete box culvert.
Approval of Warrant Nos. 3468 to
3954, inclusive, in the amount of
$1,762,986.18.
255
Bakersfield, California, November 29, 1989 - Page 17
kJ
Notice of Completion and Acceptance
of Work for improvement and
widening of Gilmore Avenue at
Pierce Road and resurfacing of 19th
Street from "N" Street to Union
Avenue, Contract No. 89-160,
completed November 15, 1989.
Approval of Plans and
Specifications for the following:
Construction of curb and
gutter and paving on
Panorama Drive from
W. Bluff Court to Alta
Vista Drive.
2. Installation of signs at
the Civic Auditorium.
3. Ming Avenue Bridge widening
at Highway 99.
Contract Change Order No. 1 ,
Contract No. 89-204 with Tumblin
Company, for construction of box
culvert at the Calloway Canal and
Bridge at the Friant-Kern Canal on
Coffee Road.
Promotional License Agreement
No. 89-271 with East Hills Mall for
using portion of Center for the
purpose of displaying celebrity
autographed ornaments and
publicizing the homeless shelter
program.
Lease Agreement No. 89-272 with
Universal Radiographics, Inc., for
the premises located at 2000
S. Union Avenue (Bakersfield
Municipal Airport).
Lease Agreement No. 89-273 with
Trojan Industries, Inc., for the
premises located at 2000 S. Union
Avenue (Bakersfield Municipal
Airport).
DELETED.
Award of Contract No. 89-274 for
Stine Road Fire Station Mobile Home
Entry Slab to Alfter Construction
in the amount of $4,995.00, reject
all other quotes and authorize the
Mayor to execute the Contract.
Bakersfield, California, November 29, 1989 - Page 18
Upon a motion by Councilmember DeMond, Items a, b, c,
d, e, f, g, h, i, j, and 1, with the deletion of Item k, were
adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, Salvaggio
None
None
Councilmember McDermott
Noes:
Abstain:
Absent:
PUBLIC STATEMENTS
Ms. Deborah A. Vollmer, 1706
presented a petition with approximately
opposition to the removal of the pedestrian
of the County Courthouse.
Chester Avenue,
150 signatures in
crosswalk in front
Councilmember DeMond asked staff to review the issue
of the removal of the pedestrian crosswalk in front of the
County Courthouse.
Don Paul Josephsen, 2706 Century Drive, presented a
petition with 99 signatures asking for a law to reduce movie
prices so people could go to movies instead of doing drugs.
Upon a motion by Councilmember Smith, the petition to
reduce movie prices was referred to staff.
HEARINGS
This is the time set for hearing objections
from any person owning real property within
the Stine No. 6 Annexation on the matter of
inclusion of all portions of the proposed
Stine No. 6 Annexation, upon annexation to
the City of Bakersfield, into the Greater
Bakersfield Separation of Grade District
(Ward 6).
There is related action making findings and
ordering the territory designated as
Proceeding No. 1010, Annexation No. 334,
Stine No. 6, annexed to the City of
Bakersfield.
law.
This hearing has been duly advertised as required by
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. 196-89 of the
Council of the City of Bakersfield making
findings and ordering the territory
designated as Proceeding No. 1010,
Annexation No. 334, Stine No. 6, annexed to
the City of Bakersfield and included in the
Greater Bakersfield Separation of Grade
District (Ward 6).
Bakersfield, California, November 29, 1989 - Page 19
Upon a motion by Councilmember DeMond, Resolution
No. 196-89 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith,
Peterson, Salvaggio
None
None
Councilmember McDermott
Noes:
Abstain:
Absent:
Brunni,
This is the time set for a public hearing
before the Council of the City of
Bakersfield on Resolution of Intention
No. 1068 declaring its intention to order
the vacation of the remaining easterly
57 feet of alley in Block 412-A (south of
Truxtun Avenue on west side of "D" Street),
in the City of Bakersfield.
This hearing has been duly advertised and posted 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. 197-89 of the
Council of the City of Bakersfield ordering
the vacation of the remaining easterly
57 feet of alley in Block 412-A (south of
Truxtun Avenue on west side of "D" Street),
in the City of Bakersfield.
Upon a motion by Councilmember DeMond, Resolution
No. 197-89 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, Salvaggio
None
None
Councilmember McDermott
Noes:
Abstain:
Absent:
REPORTS
Councilmember Peterson, Chairperson of the Auditorium
and Community Services Committee, read Report No. 14-89
regarding Multiple Day Usage Rates for Theatrical Productions
as follows:
On August 25-27, 1989, the Civic Auditorium
was host to five extremely successful
performances of the Broadway musical
"CATS." Mr. Ronald Andrew, CATS promoter,
stated our rates were higher than any other
facility in the nation.
Although the show was very successful, he
would not return because of these rates.
He indicated we should have a cap on each
show when dealing with theatre productions.
Bakersfield, California, November 29, 1989 - Page 20
During the September 18, 1989, Auditorium
and Community Services Committee meeting,
the issue of current rental rates was
addressed. Staff was directed to gather
information and report back to the
Committee its findings along with a
recommendation.
The Auditorium staff contacted 22
facilities, both public and private, across
the nation regarding their rate structures.
Findings indicated that 64% of those
contacted offered caps and 73% were willing
to negotiate. While the study refutes
Mr. Andrew's claim that we are the highest
priced facility in the nation, it does
indicate that if we are to be competitive
in the theatre market, we should establish
a new rental policy.
We have put together what we feel is a very
reasonable rate structure. We will collect
10% on each show until the cap is reached.
In addition, ability to negotiate, with
approval by the City Manager, will give the
extra flexibility that might be required.
Following is our recommended rate structure
for multiple theatrical performances:
1) Ticket Price Percentage T__qo Cap
$10-$20 10 $3,000
$20-$30 10 $4,500
$30 & Above 10 $6,000
2) Authorization to negotiate with
approval by the City Manager.
Based on the above, this Committee supports
the proposed rate structure and authorizes
the Auditorium Manager to implement
immediately.
Upon a motion by Councilmember Peterson, Auditorium
and Community Services Committee Report No. 14-89 was accepted.
Upon a motion by Councilmember Peterson, the
recommendations of Auditorium and Community Services Committee
Report No. 14-89 were implemented.
Councilmember Smith read Auditorium and Community
Services Committee Report No. 15-89 regarding Alcoholic
Beverage Policies At The Civic Auditorium as follows:
On October 4, 1989, a letter was received
from Kern Federal Credit Union requesting
they be allowed to operate their own bar
facilities. This request was placed on the
Council Agenda on November I, 1989, and
referred to the Auditorium and Community
Services Committee.
27,9
Bakersfield, California, November 29, 1989 Page 21
The Committee has met with staff to discuss
this issue. The City is currently under
contract with California Sportservice
giving them exclusive rights to all
beverage sales at the Civic Auditorium. To
allow another organization to sell their
own liquor would be in violation of that
contract.
Based on the above, it is the
recommendation of this Committee to deny
Kern Federal Credit Union's request and so
advise.
Upon a motion by Councilmember Smith, Auditorium and
Community Services Committee Report No. 15-89 was accepted.
Upon a motion by Councilmember Smith, the
recommendations of Auditorium and Community Services Committee
Report No. 15-89 were implemented.
Councilmember Peterson read Urban
Committee Report No. 20-89 regarding selection
Commissioners as follows:
Development
of Planning
Last March the City Council referred the
matter of Planning Commissioner selection
to the Urban Development Committee. Since
then we have met with Planning
Commissioners to find what might clarify
the process from an applicant's perspective
and we discussed ways to better organize
the process for the Council.
Those parts of the process which we feel
should be addressed immediately are in the
areas of applications, interviews,
time-framing and voting.
In the past there has not been an
application form on which we could receive
the most basic information about
candidates. Lists of nominees were
developed through personal contacts,
referrals and letters of interests. We
recommend that an application form, such as
the one attached as Exhibit A, be filled
out by all applicants. The applications
including any supplemental information
submitted would be filed with the City
Clerk and copies supplied to all the
Council members.
The interview process has been somewhat hit
and miss. Candidates have not been sure if
they should contact City Council members or
wait for a call. For those who did meet
for interviews, the quality of discussion
was variable. It is recommended that the
applicants contact each Council member so
we may learn more about them before making
the appointment. It is also recommended
that the Planning Director draft some
questions to stimulate discussion about
planning issues.
2¢0
Bakersfield, California, November 29, 1989 Page 22
The time it takes to appoint a Planning
Commissioner ranges from very fast to very
protracted. This creates concern among the
applicants as to when they might expect a
decision. As for the Planning Commission,
working short-handed for long periods of
time is a hardship. It is recommended that
the application period begin at the Council
meeting during which the Council learns of
a vacancy. The application period should
close at the next Council meeting and
copies of all applications should be
distributed to the Council members. That
would be a two to three week period in most
cases. The appointment would be made at
the following meeting.
Finally, the method of voting to appoint a
Planning Commissioner has been awkward.
This Committee recommends that a balloting
procedure be used whereby each Council
member would rank each candidate and then
by second ballot choose one of the two
highest ranked candidates. For example,
refer to Exhibit B for the process and
Exhibit C for the clerk's tally sheet.
It is recommended that the City Council
implement the initial changes outlined
above.
Upon a motion by Councilmember Peterson, Urban
Development Committee Report No. 20-89 was accepted with the
modification to the time period from two to three weeks, to
four weeks, that the balloting results be made available to the
public, and that a news release be issued regarding vacancies.
Upon a
recommendations of
were implemented.
motion by Councilmember Peterson, the
Urban Development Committee Report No. 20-89
Upon a motion by Councilmember DeMond, Harold Murphy,
3712 Ashfork Lane, spoke and suggested that Council interview
as a panel instead of separate interviews with each
Councilmember.
Councilmember Salvaggio made a motion to interview
Planning Commission applicants during the Workshop session.
The motion was approved by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards,
Councilmember Brunni
Councilmember DeMond
Councilmember McDermott
Smith, Peterson, Salvaggio
Bakersfield, California, November 29, 1989 - Page 23
City Manager Dale Hawley read City Manager's Report
No. 1-89 regarding Joint City/Insurance Committee concerning
Health and Dental Benefits as follows:
Attached is a report from the Joint
City/Insurance Committee regarding Health
and Dental Benefits. I have reviewed the
report and recommend acceptance with the
following comments. The City and the Joint
City/Insurance Committee need to:
Further evaluate long-term
cost-containment measures. The
cost for health care has
increased from $1.6 million in
1983 to $3.9 million in 1989.
The City's contribution is
currently 85% of that cost. With
the City paying such a high
percentage of the premium, there
is less incentive on the part of
the employees to contain the
cost. An example of cost
containment would be to increase
the deductible and the stop loss,
which would decrease the total
premium for the fee-for-service
plan by 11.5%.
Further address the depletion of
the Reserve Account. For the
past few years, all of the
increases in health care have
been funded out of the Medical
Trust Reserve Account. This
account was up to $1.35 million
on June 30, 1988. However, it
may be depleted some time during
the fall of 1990. When the
Reserve Account expires, $780,000
annually will be needed to be
funded through the General Fund
to continue the current
contribution rates.
The report assumes that the
General Fund will provide an
equivalent level of monetary
support.
Further address the
cost-containment measures for
Retirees. Increasing the
deductible and the stop loss
would also decrease the total
premium for the Retirees under
fee-for-service.
Further evaluate the new Retiree
Formula. It might be more
equitable for the City to make a
contribution toward the actual
premium and the balance
calculated pursuant to a formula
based on a one-party rate for
single premium only.
Bakersfield, California, November 29, 1989 - Page 24
Re-evaluate the separation of
Active Employees and Retirees.
The basic direction established
last year for separation of the
Active group and the Retiree
group needs to be re-evaluated,
as well as the equalization of
Active employee costs for
individuals on the Health Net and
fee-for-service plans.
It is imperative for the City to develop an
acceptable long-range plan for managing
health care benefits. In the next few
months, we will begin negotiating with some
of the employee units. Even though the
City's financial contribution toward health
c a r e w i 11 be part of the salary
negotiations, we need to know the direction
we are going so that the employees can be
treated on an equitable basis.
The renewal date for the Blue Cross
Insurance Contract is January 1, 1990.
Therefore, this issue should be referred to
the Budget and Finance Committee.
Councilmember Salvaggio made a motion that the
Council hold off on voting on City Manager's Report No. 1-89
until they can move forward on the Agenda to Joint
City/Insurance Committee Report No. 2-89 regarding Health and
Dental Benefits.
Councilmember Salvaggio made a substitute motion to
refer City Manager's Report No. 1-89 back to staff.
The substitute motion by Councilmember Salvaggio to
refer to staff City Manager's Report No. 1-89 was approved.
No. 2-89
follows:
City Manager Dale Hawley read City Manager's Report
regarding City Council Referrals to Committees as
On November 15, 1989, the City Council
asked me to review the issue of Council
referrals to Council Committees. I have
reviewed both the types of items referred
to committee, as well as the frequency of
referrals. Based upon this analysis, it
has become clear that some changes are
needed with the referral system.
After reviewing many of the items referred
to committee, it seems that staff could
have completed the analysis and presented a
recommendation to the entire Council for a
decision, without taking up valuable
committee time.
Bakersfield, California, November 29, 1989 Page 25
I believe the original purpose of the
committee system was to refer those items
which are complex and/or require a great
deal of study to a committee of the
Council. I have found that there has been
little consistency in this process, as well
as some dissatisfaction expressed by some
Councilmembers. There has also been some
concern that staff recommendations are not
made available to the entire Council.
I feel the committee system has value to
the City Council, particularly when dealing
with complex issues, however, due to the
limited time available to the City Council
for committee meetings, I feel that those
complex issues should be given a priority
over issues which could be handled outside
the committee process by staff.
Therefore, I would recommend that the City
Council consider a policy wherein issues
will routinely be referred to staff for
study and returned to the Council for a
decision. At this point, the entire
Council would be given the staff's
recommendation with backup information.
The City Council could then, at its
discretion, act on the item or refer the
matter to a committee if further study is
required. The City Council could continue
to refer complex or controversial issues
directly to committee if necessary.
Upon a motion by Councilmember Salvaggio, City
Manager's Report No. 2-89 was accepted with the amendment that
once a matter is referred to a committee, all information
provided on that matter be given to all Councilmembers
simultaneously.
ACTION ON BIDS
Approval of Contract No. 89-275 with Thorne
Environmental to clean up fuel contaminated
soil at Rio Bravo Fire Station.
Upon a motion by Councilmember Smith, Contract
No. 89-15 with Ensco Environmental Services, Inc., was
rescinded, Contract No. 89-275 with Thorne Environmental in the
amount of $62,380.00 was approved, and the Mayor was authorized
to execute the Contract.
Approval of Agreement No. 89-276 with J. L.
Denio, Inc., for levee repair at Wastewater
Treatment Plant No. 2 West Storage
Reservoirs and Lagoons.
Upon a motion by Councilmember DeMond, low bid for
the base bid with J. L. Denio, Inc., in the amount of
$99,793.00 was accepted, all other bids rejected, and the Mayor
was authorized to execute the Contract.
Bakersfield, California, November 29, 1989 - Page 26
Approval of Agreement No. 89-277 with Uhalt
Construction Company for College Avenue
retaining wall from Janene Way to
Flintridge Drive.
Upon a motion by Councilmember Smith, low base bid
with Uhalt Construction Company in the amount of $118,400.00
was accepted, all other bids rejected, authorization given for
the use of savings from other projects, and the Mayor was
authorized to execute the Contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 3264 of the
Council of the City of Bakersfield amending
Title 17 of the Bakersfield Municipal Code
by changing the Land Use Zoning of those
certain properties in the City of
Bakersfield located generally east and west
of Rancho Laborde Drive and north of
Rosedale Highway from a C-1 (Limited
Commercial Church) Zone to an R-1
(One-Family Dwelling) Zone on 4.9 acres,
from a C-1 (Limited Commercial) Zone to an
R-1 (One-Family Dwelling) Zone on 6.0
acres, from an R-2 (Limited Multiple-Family
Dwelling) Zone to an R-1 (One-Family
Dwelling) Zone on 14.6 acres, and from an
R-1 (One-Family Dwelling) Zone to an R-2
(Limited Multiple-Family Dwelling) Zone on
23.9 acres.
This Ordinance was given First Reading at the meeting
of November 15, 1989.
Upon a motion by Councilmember Brunni, Ordinance
No. 32~] of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith,
Peterson, Salvaggio
None
None
Councilmember McDermott
Noes:
Abstain:
Absent:
Brunni,
Adoption of Ordinance No. 3265 of the
Council of the City of Bakersfield adding
Chapter 2.02 to Title 2 of the Bakersfield
Municipal Code relating to Council
organization.
This Ordinance was given First Reading at the Council
meeting of November 15, 1989, following receipt and acceptance
of Legislative Committee Report No. 8-89.
Upon a motion by Councilmember Smith, Ordinance
No. 3265 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith,
Peterson, Salvaggio
None
None
Councilmember McDermott
Noes:
Abstain:
Absent:
Brunni,
Bakersfield, California, November 29, 1989 - Page 27
Adoption of Ordinance No. 3266 of the
Council of the City of Bakersfield amending
Title Seventeen of the Bakersfield
Municipal Code by changing the Land Use
Zoning of those certain properties in the
City of Bakersfield located at the
southeast corner of Panama Lane and South
"H" Street by modifying Conditions 10, 14,
15 and 16, set forth in Ordinance No. 3101
New Series, related to street improvements.
This Ordinance was given First Reading at the meeting
of November 15, 1989.
Upon a motion by Councilmember Salvaggio, Ordinance
No. 3266 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes: Councilmembers Edwards, De Mond, Smith, Brunni,
Peterson, Salvaggio
None
None
Councilmember McDermott
Noes:
Abstain:
Absent:
Adoption of Resolution No. 198-89 of the
Council of the City of Bakersfield adopting
street name changing policies.
Urban Development Committee Report No. 18-89 approved
by the Council on November 15, 1989, directed the City Attorney
to prepare a resolution adopting the policy for changing street
names as detailed in that report. This resolution sets forth
such policy.
Upon a motion by Councilmember
No. 198-89 of the Council of the City
adopted by the following roll call vote:
Salvaggio, Resolution
of Bakersfield was
Ayes: Councilmembers Edwards, De Mond, Smith, Brunni,
Peterson, Salvaggio
None
None
Councilmember McDermott
Noes:
Abstain:
Absent:
NEW BUSINESS
Adoption of Resolution No. 199-89 of the
Council of the City of Bakersfield
approving and authorizing the Mayor to
execute the Consent to Common Use Agreement
No. 81151 with the California Department of
Transportation. (Carrier Canal at 24th
Street)
Approval of Consent to Common Use Agreement
No. 89-280 with the California Department
of Transportation. (Carrier Canal at 24th
Street)
Upon a motion by Councilmember Brunni, Resolution
No. 199-89 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, Salvaggio
None
None
Councilmember McDermott
Noes:
Abstain:
Absent:
Bakersfield, California, November 29, 1989 - Page 28
Approval of Agreement No. 89-278 with
California Water Service Company for
domestic water operations and maintenance
services.
Upon a motion by Councilmember Salvaggio, Agreement
No. 89-278 with California Water Service Company was approved
and the Mayor was authorized to execute the Agreement.
Approval of Agreement No. 89-279 with
Pacific Gas and Electric Company for the
replacement of utilities on Madison Street
extension from White Lane to Brook Street.
Upon a motion by Councilmember Salvaggio, Agreement
No. 89-279 with Pacific Gas and Electric Company was approved
and the Mayor was authorized to execute the Agreement.
Designation of voting delegate for League
of California Cities Annual Conference.
Upon a motion by Councilmember Demond, this matter
was left open and up to the discretion of the Council and staff
to work it out.
COUNCIL STATEMENTS
Councilmember Smith nominated Darren Powers to the
Planning Commission.
Councilmember DeMond announced that on Sunday at
9:00 p.m., on Channel 23, the movie, "No Place Like Home,"
which deals with the homeless issue, will be shown and
Channel 23 will tag this item for donations.
recent
Wards 4
Councilmember Brunni requested more information about
actions/decisions regarding the maintenance district in
and 5.
Councilmember Edwards nominated Oscar Anthony to the
Planning Commission.
Upon a motion by Councilmember Peterson, the
nominations to the Planning Commission were closed.