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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.