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HomeMy WebLinkAbout01/18/1989 MINUTES CCBakersfield, California, January 18, 1989 Minutes of a Special Meeting of the Council of the City of Bakersfield, California, for the purpose of a Closed Session, held in the Council Chambers, City Hall at 5:15 p.m., January 18, 1989. The meeting was called to order by Mayor Medders. City Clerk Williams called the roll as follows: Present: Mayor Medders, Absent: None Councilmembers Childs, DeMond, Smith, Ratty, Peterson, McDermott (seated at 5:20 p.m.), Salvaggio CLOSED SESSION Closed Session pursuant to Government Code Section 54957 regarding Labor Negotiations for Supervisory and Manage- ment Units. Upon by motion by Councilmember Childs, Council adjourned to the City Manager's Conference Room for Closed Session. Council, ADJOURNMENT There being no further business to come before the meeting was adjourned at 6:08 p.m. MAYOR of the City of Bakersfield, CA the ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California Bakersfield, California, January 18, 1989 the City Chambers Minutes of the Regular Meeting of the Council of of Bakersfield, California, held in the Council of City Hall at 7:00 p.m., January 18, 1989. The meeting was called to order by Mayor Medders followed by the Invocation by Reverend Pete Baker, First Assembly of God Church followed by the Pledge of Allegiance. City Clerk Williams called the roll as follows: Present: Mayor Medders. Absent: None Councilmembers Childs, DeMond, Smith, Ratty, Peterson, McDermott, Salvaggio MINUTES Upon a motion by Councilmember Childs, minutes of the Regular Meeting of October 26, 1988, the Special Meeting of November 16, 1988, and the Regular Meeting of November 16, 1988 were approved. PUBLIC STATEMENTS Mr. Rich O'Neill, 6600 Desmond Court, representing the Kern River Parkway Plan Committee, asked the Council to endorse and adopt an equestrian staging area. Mr. Jeffrey C. Brown, 901 Pershing Street, spoke regarding a notice of criminal penalties to be incurred by elected officials in case of documented wrongdoing. Mr. John Owens, 316 Tenth Street, representing Voters and Friends of the First Ward spoke regarding con- cerns of Ward 1 and provided the Council with a handout. Mr. Russ Robinson, Route 1, Box 130, President of the Bakersfield Saddle and Harness Club, spoke regarding an equestrian staging area in the Kern River Parkway, Specific Trail Plan. Councilmember Childs thanked the voters in Ward 1 for their concerns. Upon a motion by Councilmember Salvaggio, the equestrian staging area in the Kern River Parkway was referred to the Water Resources Committee and Staff. HEARINGS THIS IS THE TIME SET FOR A PUBLIC HEARING BEFORE THE COUNCIL OF THE CITY OF BAKERSFIELD FOR CONSIDERATION OF THE REPORT BY THE BUILDING DIRECTOR SPECIFYING WORK DONE, COST OF WORK AND DESCRIPTION OF PROPERTY UPON WHICH DANGEROUS BUILDINGS HAVE BEEN DEMO- LISHED, AND HEARING PROTESTS OR OBJECTIONS THERETO. This hearing has been duly advertised, posted, and the property owners notified as required by law. Bakersfield, California, January 18, 1989 - Page 2 Correspondence was received from Charles L. Kellar on behalf of Bettye Kellar, dated January 11, 1989, protes- ting various actions of demolition by the City of Bakers- field on property located at 1619, 1623, and 1627 13th Street. Mayor Medders declared the hearing open for public participation. No protests 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. 8-89 OF THE COUNCIL OF THE CITY OF BAKERSFIELD CONFIRMING THE REPORT OF THE BUILDING DIRECTOR REGARDING ASSESSMENTS OF CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD FOR DEMOLITION OF DANGEROUS BUILDINGS. Upon a motion by Councilmember DeMond, Resolution No. 8-89 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio None None None Upon a motion by Councilmember dure for dealing with hardship cases was Budget and Finance Committee. DeMond, the proce- referred to the REPORTS Councilmember Smith read Intergovernmental Rela- tions Committee Report No. 1-89 regarding Sewer Service and Development in the Northwest as follows: The City and County representatives to the Intergovernmental Relations Committee have been discussing the issue of sewer service and development in the northwest metropolitan area outside of Bakersfield for many years. The Committee has been aware that the method and timing for sewer service in this area would have a substantial impact on the density of development. The Committee also recognized that a sewer service area agree- ment among the City, County, and North of the River Sanitary District (NORSD) would avoid duplication of service and result in a cheaper cost to the taxpayer. We are pleased to present to the City Council a conceptual agreement with the County and NORSD that will accomplish the task that was sent to this Committee. This conceptual agreement includes: Proceeding with a joint sewer project that will involve the City providing service to a portion of CSA 71 beyond the City boundaries, NORSD constructing an outfall line for treating effluent on an alignment northerly of Hageman Road, and the County building a treatment plant southwest of Shafter (Attachment A) . Bakersfield, California, January 18, 1989 - Page 3 County neutrality on pending City annexations. o Mutual City and County support for a revision to the City's sphere of influ- ence consistent with the sewer service area. Development of the area within the City's sphere of influence to urban standards. The retention of the area located west of Renfro Road at a rural level of development, as will be set forth in the 2010 General Plan. County commitment of $1.5 million of the $4 million Special District Augmentation Funds to be used in reducing the cost of sewering for County residents within the City's sewer service area, using the rest of the funds for the remaining CSA 71 area. The County approved the conceptual agreement at their January 10, 1989 Board meeting. With the approval of the Council, City staff will proceed with implementation of our portion of the agreement. The Intergovernmental Relations Committee requests Council acceptance of this report. The Committee further reconunends Council approval of the agreement with the County of Kern and NORSD for the sewer service and development plan and direct staff to prepare the appropriate documents. Upon a motion by Councilmember Smith, Intergovern- mental Relations Committee Report No. 1-89 was accepted. Upon a motion by Councilmember Smith, the recom- mendations of Intergovernmental Relations Committee Report NO. 1-89 were implemented. Councilmember Salvaggio read Water Resources Committee Report No. 1-89 regarding renewal of water service contracts on the Friant-Kern Unit of the Central Valley Project as follows: At the January 4, 1989 City Council meeting, Mr. Cliff Trotter of the Arvin-Edison Water Storage District requested the City's support in efforts to renew the water service con- tracts for the Friant-Kern canal users of the Central Valley Project. As a matter of background, water received by Kern County Water Districts from the Friant- Kern canal has been used to support our local economy and reduce groundwater overdraft since the early 1950's. Kern County water districts, including Arvin-Edison Water Storage District, Delano-Earlimart Irrigation District, Southern San Joaquin Municipal Utility District, and Shafter-Wasco Irriga- tion District are now looking forward to Bakersfield, California, January 18, 1989 - Page 4 renewal and continuance of the water supplies originally contracted for on the Central Valley Project. These districts form part of an integrated network for water users that depend on water supplied by the Central Valley Project. Contracts between the United States and the above-mentioned wate~ districts have resulted in the importation of more than 400,000 acre-feet of Central Valley Project water into Kern County each year. A $600 million dollar agricultural economy has been deve- loped in Kern County with this supply over the last 40 years. This supply represents almost 25 percent of the County's annual surface water supply and any reductions would result in additional groundwater pumping and overdrafting of the groundwater basin. For these reasons, and in order to protect the well-being and long-range economy of our community, the Water Resources Committee recommends the Council receive this report and adopt the attached resolution supporting renewal of these water supply contracts with the United States of America. Upon a motion by Councilmember Salvaggio, Water Resources Committee Report No. 1-89 was accepted. ADOPTION OF RESOLUTION NO. 9-89 OF THE COUNCIL OF THE CITY OF BAKERSFIELD SUPPORTING APPROVAL OF A RENEWAL CONTRACT BETWEEN ORANGE COVE IRRIGATION DISTRICT, ET AL., AND THE UNITED STATES OF AMERICA Upon a motion by Councilmember Salvaggio, Resolu- tion No. 9-89 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio None None None CONSENT CALENDAR Approval of Warrant Nos. 4841 to 5055, inclusive, in the amount of $802,213.75. Communication from the Greater Bakers- field Separation of Grade District and Armored Transport, Inc., dated January 3, 1989, requesting the vacation of approximately 89 feet of the alley in Block 323 located west of H Street, between the A.T. & S.F. Railroad right- of-way and 16th Street. (RECEIVE AND REFER TO PLANNING COMMISSION) Dedication of Properties: Easement for underground electrical facilities to Pacific Gas and Electric Company on City property on the north side of Truxtun Avenue at Mohawk Street. Bakersfield, California~ January 18, 1989 - Page 5 Street Right-of-Way Deed from Triangle Development Company for additional right-of-way located at the southeast corner of Real Road and Ming Avenue. Approval of Final Maps: Final Map for Tract 5101 consisting of one lot on 1.78 acres located south of Truxtun Avenue and appro- ximately 380 feet east of Truxtun Plaza West. Final Map for Tract 4487 consisting of 27 lots on 26.65 acres located at the southwest corner of Fairfax Road and Dorset Drive. Notices of Completion and Acceptance of Work for the following projects: Modificatiou of traffic signal system on Truxtun Avenue at Q Street, Contract No. 88-151, was completed on December 20, 1988. Traffic signal system on Brundage Lane at Mt. Vernon Avenue, Contract No. 88-163, was completed on January 9, 1989. Approval of Plans and Specifications for: Modification of traffic signal system on White Lane at Wible Road. o Modification of the effluent pump station at Wastewater Treatment Plant No. 3. Contract Change Orders: No. 1 Contract No. 88-293, with Bussard Construction Company, for Bakersfield Community House renova- tion. 2 o No. 4 - Contract No. 88-165, with Granite Construction Company, for the H Street Underpass. No. 5 - Contract No. 88-165, with Granite Construction Company, for the H Street Underpass. No. 1 - Contract No. 87-289, with BSI Consultants, Inc., for the design of widening the Ming Avenue Overcrossing at Highway 99. Acceptance of Rental Rehabilitation Program funds for Fiscal Year 1989-90, and amend Memorandum of Understanding with the Kern County Housing Authority. (Refer to Budget & Finance Committee) Bakersfield, California, January 18, 1989 - Page 6 Do ro Accept low bids for protective vests and accessories for the Police Department from Adamson Uniform and Equipment in the amount of $3,216.76 and F. Morton Pitt Company in the amount of $3,711.48. Accept low bids for guns and accessories for Police Department from Trader Sports, Inc. in the amount of $3,815.36 and Lathrop's Shooters Supply, Inc. in the amount of $903.12. Accept low bid for a replacement park play unit for Jefferson Park from Miracle Recreation Equipment Company in the amount of $4,817.70. Accept low bids for portable computer and accessories for Fire Department from Micro Innovation ($3,598.70, 1 item), Quick Service ($231.61, 1 item), STARx Technology, Inc. ($420.71, 2 items) and reject other bids. Award contract for roof overhang repairs and fire hose rack attachment replace- ment at Fire Station No. 7 to Fahsbender Enterprises in the amount of $4,900.00. Accept low bid for 16 replacement chairs at fire stations from Western Furniture Company in the amount of $5,223.68 and reject other bids. Accept low bid for Survivair parts for Fire Department from Halprin Supply Company in the amount of $6,607.78. Accept low bid for fire hydrant buries and extensions from Clow Value Company in the amount of $7,527.06 and reject other bid. Accept low bids for play equipment for Challenger Park from Gametime, Inc. ($7,834.46, 6 items), Miracle Recreation ($8,084.62, 4 items), Detmers & Asso- ciates, Inc. ($451.67, 1 item) and reject all other bids. Accept bid for commercial grade riding lawnmower for Parks Department from C. R. Jaeschke, Inc. in the amount of $7,732.70. Accept low bid for three electric motors for Wastewater Treatment from Howard Supply Company in the amount of $14,850.60 and reject all other bids. Accept low bid for turf equipment for Parks Department from Kern Turf Supply, Inc. in the amount of $16,748.61 and reject other bids. Accept low bid for automotive engineer analyzer for Public Works from Bear Automotive in the amount of $18,860.05 and reject all other bids. Bakersfield, California, January 18, 1989 - Page 7 Upon a motion by Councilmember McDermott, Items a, b, c, d, e, f, g, h, i, j, k, 1, m, n, o, p, q, r, s, t and u of the Consent Calendar were adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio None None None ACTION ON BIDS FRONT END LOADER (REPLACEMENT) FOR STREET DEPARTMENT. Upon a motion by Councilmember Ratty, the low bid from Lougee-Michael Equipment Company in the amount of $80,035.00 was accepted and all other bids were rejected. APPROVAL OF AGREEMENT NO. 89-4 WITH GRIFFITH COMPANY FOR A TRAFFIC SIGNAL SYSTEM ON MING AVENUE AT VALHALLA DRIVE. Upon a motion by Councilmember McDermott, the low bid from Griffith Company in the amount of $157,000.00 was accepted, the other bid was rejected, and the Mayor was authorized to execute the Contract. APPROVAL OF AGREEMENT NO. 89-5 WITH GRIFFITH COMPANY FOR CONSTRUCTION OF CURB AND GUTTER ON OSCAR AVENUE, LACEY STREET, HENDRICKS, LANE, HOUCHIN ROAD, QUINCY STREET, PACIFIC STREET, AND OREGON STREET. Upon a motion by Councilmember Salvaggio, the low bid from Griffith Company in the amount of $171,112.00 was accepted, all other bids were rejected, and the Mayor was authorized to execute the Contract. FOUR REPLACEMENT REFUSE TRUCKS FOR PUBLIC WORKS. Upon a motion by Councilmember Childs, the low bids from Engs Motor Truck Company in the amount of $209,907.56 (2 items) and from Carmenita Truck Center in the amount of $181,035.34 (2 items) were accepted and all other bids were rejected. APPROVAL OF AGREEMENT NO. 89-6, ANNUAL CONTRACT WITH KERN TURF SUPPLY, INC. FOR PVC PIPE AND SPRINKLERS FOR THE PARKS DEPARTMENT. Upon a motion by Councilmember DeMond, the Annual Contract for PVC pipe and sprinklers was awarded to Kern Turf Supply, Inc. in the amount of $30,696.08, all other bids were rejected, and the Mayor was authorized to execute the Contract. APPROVAL OF AGREEMENT NO. 89-7 ANNUAL CON- TRACT WITH KENT METERS, INC. FOR WATER METERS FOR AG WATER. Upon a motion by Councilmember Peterson, the Annual Contract for water meters was awarded to Kent Meters, Inc. in the amount of $79,427.39, all other bids were rejected, and the Mayor was authorized to execute the Contract. Bakersfield, California, January 18, 1989 - Page 8 APPROVAL OF AGREEMENT NO. 89-8 WITH ODIS DYKES, INC. FOR WASTEWATER TREATMENT PLANT NO. 2, LANDLEVELING OF 140 ACRE PARCEL. Upon a motion by Councilmember Childs, the low bid from Odis Dykes, Inc. in the amount of $28,490.00 was accepted, all other bids were rejected, and the Mayor was authorized to execute the Contract. MECHANICAL BAR SCREEN FOR WASTEWATER TREAT- MENT PLANT NO. 3. Upon a motion by Councilmember DeMond, the low bid from Austin-Mac, Inc. in the amount of $59,231.00 was accepted and all other bids were rejected. DEFERRED BUSINESS ADOPTION OF RESOLUTION NO. 10-89 OF THE COUNCIL OF THE CITY OF BAKERSFIELD SETTING SALARIES AND RELATED BENEFITS FOR OFFICERS AND EMPLOYEES OF THE GENERAL SUPERVISORY, POLICE SUPERVISORY AND MANAGEMENT UNITS AND ADOPTING CITY SCHEDULE OF PAID HOLIDAYS FOR ALL CITY EMPLOYEES AND ALL BARGAINING UNITS. This item was referred to Closed Session on January 4, 1989. Upon a motion by Councilmember Peterson, Resolu- tion No. 10-89 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio None None None ADOPTION OF ORDINANCE NO. 3199 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 ON MALL VIEW ROAD APPROXIMATELY ONE-QUARTER MILE WEST OF OSWELL STREET FROM R-1 (ONE FAMILY DWELLING) AND C-2 (GENERAL COMMERCIAL) ZONE TO A P.C.D. (PLANNED COMMER- CIAL DEVELOPMENT) ZONE. This Ordinance was given first reading at the meeting of January 4, 1989. Upon a motion by Councilmember Smith, Ordinance No. 3199 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Bakersfield, California, January 18, 1989 - Page 9 NEW BUSINESS ADOPTION OF RESOLUTION NO. 11-89 OF THE COUNCIL OF THE CITY OF BAKERSFIELD ORDERING JUDICIAL FORECLOSURE OF DELINQUENT ASSESS- MENTS PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915, AND ORDERING THAT THE TAX COLLECTOR BE CREDITED WITH THOSE ASSESSMENTS. (A.D. 81-1) Upon a motion by Councilmember McDermott, Reso- lution No. 11-89 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None ADOPTION OF RESOLUTION NO. 12-89 OF THE COUNCIL OF THE CITY OF BAKERSFIELD ORDERING JUDICIAL FORECLOSURE OF DELINQUENT ASSESS- MENTS PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915, AND ORDERING THAT THE TAX COLLECTOR BE CREDITED WITH THOSE ASSESSMENTS. (A.D. 86-2A) Upon a motion by Councilmember Childs, Resolution No. 12-89 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio ADOPTION OF RESOLUTION NO. 13-89 OF THE COUNCIL OF THE CITY OF BAKERSFIELD ORDERING JUDICIAL FORECLOSURE OF DELINQUENT ASSESS- MENTS PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915, AND ORDERING THAT THE TAX COLLECTOR BE CREDITED WITH THOSE ASSESSMENTS. (A.D. 86-5) Upon a motion by Councilmember DeMond, Resolution No. 13-89 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None ADOPTION OF RESOLUTION NO. 14-89 OF THE COUNCIL OF THE CITY OF BAKERSFIELD APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE CITY RECORDS, DOCUMENTS, INSTRUMENTS, BOOKS AND PAPERS, PURSUANT TO SECTION 34090 ET SEQ. OF THE GOVERNMENT CODE OF THE STATE OF CALIFOR- NIA (POLICE DEPARTMENT). Upon a motion by Councilmember Childs, Resolution No. 14-89 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio None None None Bakersfield, California, January 18, 1989 - Page 10 ADOPTION OF RESOLUTION NO. 15-89 OF THE COUNCIL OF THE CITY OF BAKERSFIELD APPROVING THE TRANSFER OF FUNDS FROM THE MAYOR'S SALARY ACCOUNT TO THE MAYOR'S OPERATING ACCOUNT. Upon a motion by Councilmember Ratty, Resolution No. 15-89 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None APPROVAL OF AGREEMENT NO. 89-9, AMENDMENT TO AGREEMENT NO. 88-243 WITH THE BAKERSFIELD CITY SCHOOL DISTRICT TO PROVIDE THE DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) PROGRAM TO STUDENTS WITHIN THE DISTRICT THROUGH JUNE 1989. Councilmember Childs spoke in support of this Agreement. Upon a motion by Councilmember Childs, Agreement No. 89-9 was approved, the Mayor was authorized to execute the Agreement, and $18,729 in School District contributions was appropriated to the Police Department Budget Overtime Account No. 011-321-70300 by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None APPROVAL OF AGREEMENT NO. 89-10 WITH THE BAKERSFIELD CITY SCHOOL DISTRICT TO PROVIDE THE DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) PROGRAM TO STUDENTS WITHIN THE DISTRICT FROM JULY 1989 THROUGH JUNE 1990. Councilmember DeMond spoke in support of this Agreement. Upon a motion by Councilmember DeMond, Agreement No. 89-10 was approved and the Mayor was authorized to execute the Agreement by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio None None None APPROVAL OF AGREEMENT NO. 89-11 WITH THE PANAMA SCHOOL DISTRICT TO PROVIDE THE DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) PROGRAM TO STUDENTS WITHIN THE DISTRICT THROUGH JANUARY 1990. Councilmember McDermott spoke in support of this Agreement. Bakersfield, California, January 18, 1989 - Page 11 Upon a motion by Councilmember McDermott, Agree- ment No. 89-11 was approved, the Mayor was authorized to execute the Agreement, and $14,976 in School District contributions was appropriated to the Police Department Budget Overtime Account No. 011-321-70300 by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None APPROVAL OF AGREEMENT NO. 89-12 WITH THE FRUITVALE SCHOOL DISTRICT TO PROVIDE THE DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) PROGRAM TO STUDENTS WITHIN THE DISTRICT TO JUNE 1989. Councilmember Peterson spoke in support of this Agreement. Upon a motion by Councilmember Peterson, Agreement No. 89-12 was approved, the Mayor was authorized to execute the Agreement, and $3,744 in School District contributions was appropriated to the Police Department Budget Overtime Account No. 011-321-70300 by the following vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio APPROVAL OF AGREEMENT NO. 89-13, INTER-AGENCY LOAN AGREEMENT WITH THE CENTRAL DISTRICT DEVELOPMENT AGENCY FOR CASH FLOW REQUIREMENT PURPOSES AS PROVIDED IN THE 1988-89 BUDGET. Upon a motion by Councilmember Smith, Agreement No. 89-13 was approved and the Mayor was authorized to execute the Agreement by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None APPROVAL OF AGREEMENT NO. 89-14 WITH CHRIS BREWER, BREWER'S HISTORICAL CONSULTANT, FOR HISTORICAL AND CULTURAL EVALUATION TO BE PERFORMED IN THE EAST PORTION OF SECTION 25, WESTCHESTER. Upon a motion by Councilmember Ratty, Agreement No. 89-14 of the Council of the City of Bakersfield was approved and the Mayor was authorized to execute the Agree- ment. APPROPRIATE $50,000.00 REIMBURSABLE MONIES FROM THE EMERGENCY MANAGEMENT INSTITUTE AND LOCAL AGENCIES TO THE FIRE DEPARTMENT GENERAL FUND BUDGET FOR EMERGENCY MANAGEMENT TRAINING. Bakersfield, California, January 18, 1989 - Page 12 Upon a motion by Councilmember Peterson, $50,000.00 was appropriated to the Fire Department General Fund Budget by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None APPROVAL OF AGREEMENT NO. 89-15 WITH ENSCO ENVIRONMENTAL SERVICES, INC. FOR THE CLEANUP OF FUEL-CONTAMINATED SOIL AT THE RIO BRAVO FIRE STATION. Upon a motion by Councilmember McDermott, Agree- ment No. 89-15 was approved, $64,135.00 was appropriated from the Self-Insurance Fund Balance, and the Mayor was authorized to execute the Agreement by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio None None None TWO VACANCIES ON THE MISCELLANEOUS DEPARTMENT CIVIL SERVICE BOARD. One vacancy due to the resignation of Edwin L. Ingalls, term expiring December 31, 1989. One vacancy due to the expiration of term by M. James Sughrue, Jr., term expiring December 31, 1988. Following discussion by the Council, it was agreed the two nominees receiving four affirmative votes of the Council will be the new appointees. Councilmember McDermott made a motion to appoint Richard Russell to the Miscellaneous Department Civil Service Board. The motion failed by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, None Councilmembers Childs, None Peterson, McDermott DeMond, Ratty, Salvaggio The Council held a long discussion on the method of voting for nominees. Upon a motion by Councilmember Ratty, each candi- date will be voted on by casting a yes or no vote as they come down. Upon a request by Councilmember Salvaggio, Mayor Medders recessed the meeting at 8:05 p.m. The meeting reconvened at 8:10 p.m. The Council voted again on the nomination of Richard Russell. The motion by Councilmember McDermott to appoint Richard Russell to the Miscellaneous Department Civil Service Board failed by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Peterson, McDermott Councilmembers Childs, DeMond, Ratty, Salvaggio None None Bakersfield, California, January 18, 1989 - Page 13 Councilmember Childs made a motion to reappoint M. James Sughrue, Jr. to the Miscellaneous Department Civil Service Board. The motion failed by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs Councilmembers DeMond, Ratty, Peterson, McDermott, Salvaggio None None Upon a motion by Councilmember DeMond, Gonzalo Ramirez was appointed to the Miscellaneous Department Civil Service Board, term expiring December 31, 1989, by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Childs, DeMond, Ratty, Salvaggio Councilmembers Smith, Peterson, McDermott None None Upon a motion by Councilmember Childs, Daniel Williams was appointed to the Miscellaneous Department Civil Service Board, term expiring December 31, 1991, by the following vote: Ayes: Councilmembers Childs, DeMond, Ratty, Peterson, Salvaggio Smith, McDermott Noes: Councilmembers Abstain: None Absent: None THREE VACANCIES ON THE PUBLIC FACILITIES CORPORATION DUE TO THE EXPIRATION OF TERMS FOR JOHN CHAFIN, ELTON KELLY AND BOB CLERICO, TERMS EXPIRED DECEMBER 19, 1988. Councilmember McDermott nominated Jerry Ladd to the Public Facilities Corporation. Councilmember Childs nominated Johnny Owens to the Public Facilities Corporation. Councilmember Ratty nominated William Hickey to the Public Facilities Corporation. Upon a motion nominations were closed tonight. by Councilmember Salvaggio, the and appointments are to be made Upon a motion by Councilmember Salvaggio, John Chafin was reappointed to the Public Facilities Corporation, term expiring December 19, 1990, by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio None None None Upon a motion by Councilmember DeMond, Bob Clerico was reappointed to the Public Facilities Corporation, term expiring December 19, 1990, by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Bakersfield, California, January 18, 1989 Page 14 Councilmember McDermott made a motion to appoint Jerry Ladd to the Public Facilities Corporation. The motion failed by the following vote: Ayes: Councilmembers Smith, Peterson, McDermott Noes: Councilmembers Childs, DeMond, Ratty, Salvaggio Abstain: None Absent: None Councilmember Childs made a motion to appoint Johnny Owens to the Public Facilities Corporation. The motion failed by the following vote: Ayes: Councilmembers Childs Noes: Councilmembers Smith, DeMond, Ratty, Peterson, McDermott, Salvaggio Abstain: None Absent: None Upon a motion by Councilmember Ratty, William Hickey was appointed to the Public Facilities Corporation, term expiring December 19, 1990, by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Peterson, Salvaggio Noes: Councilmember McDermott Abstain: None Absent: None Ratty, Councilmember Childs clarified his vote regarding Johnny Owens. He stated Mr. Owens was not aware of the nomination, that he did it out of respect. ONE VACANCY ON THE FIRE DEPARTMENT CIVIL SERVICE BOARD DUE TO THE EXPIRATION OF TERM FOR KENNETH GAMEZ, TERM EXPIRED DECEMBER 31, 1988. Upon a motion by Councilmember Salvaggio, Gamez was reappointed to the Fire Department Civil Board. term expiring December 31, 1991. Kenneth Service ONE VACANCY ON THE POLICE DEPARTMENT CIVIL SERVICE BOARD DUE TO THE EXPIRATION OF TERM FOR ROBERT B. LUMIS, TERM EXPIRED DECEMBER 31, 1988. Upon a motion by Councilmember DeMond, Robert B. Lumis was reappointed to the Police Department Civil Service Board, term expiring December 31, 1991. ONE VACANCY ON THE CITIZENS AUDITORIUM COMMITTEE FOR MICHAEL SERBAN, TERM EXPIRED JANUARY 3, 1989. Upon a motion by Councilmember Peterson, this matter was deferred until the term of office issue is submitted back to the Council. ONE VACANCY TO THE PLANNING COMMISSION DUE THE RESIGNATION OF RONALD E. JARRETT, TERM EXPIRING APRIL 17, 1991. TO Councilmember Childs made a motion to appoint Eddie Carter to the Planning Commission. The motion failed by the following vote: Ayes: Councilmembers Childs Noes: Councilmembers Smith, DeMond, Ratty, McDermott, Salvaggio Abstain: None Absent: None Peterson, Bakersfield, California, January 18, 1989 - Page 15 Councilmember Childs clarified his vote indicating Mr. Eddie Carter was a busy person. Councilmember Peterson made a motion to appoint William Hickey to the Planning Commission. The motion failed by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Peterson Councilmembers Smith, Childs, DeMond, Ratty, McDermott Councilmember Salvaggio None Upon a motion by Councilmember Peterson, Jim Marino was appointed to the Planning Commission, term expiring April 17, 1991, by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio None None None Councilmember Childs asked that Staff send a letter to all nominees thanking them for their interest. ONE VACANCY ON THE BOARD OF ZONING ADJUSTMENT AS ALTERNATE TO THE PUBLIC WORKS MANAGER, TERM EXPIRED DECEMBER 1, 1989. Upon a motion by Councilmember Salvaggio, Fred Kloepper was appointed as Alternate to the Public Works Manager on the Board of Zoning Adjustment, term expiring December 1, 1989. COUNCIL STATEMENTS Upon a motion by Councilmember Smith, the memo from City Manager Ha%~ley regarding his concerns on space needs was referred to the Charter Review Committee. Councilmember Smith asked City Attorney Saalfield if there is anything that can be done regarding a cut-back in the weather service which will result in a decrease in air service on the weekends. City Attorney Saalfield stated it would need to be added to the agenda as a matter that arose after the agenda was posted. Upon a motion by Councilmember Smith, the matter of cutback on weather service was added to the agenda as a matter that arose afte~ the agenda was posted. Following Council discussion, Councilmember Smith made a motion to send a letter of concern to the appropriate parties signed by the Mayor and Council. Upon a request by Councilmember McDermott, Council- member Smith amended her motion to include having Mayor Medders and Staff lobby to get this changed. Councilmember Peterson asked to refer a letter from City Attorney Saalfield regarding the contract for City Attorney services to the Litigation Committee. Councilmember Salvaggio asked that it be referred to the Personnel Committee. Bakersfield, California, January 18, 1989 - Page 16 Councilmember Peterson read the letter from City Attorney Saalfield as follows: January 6, 1989 TO: J. Dale Hawley City Manager FROM: Arthur J. Saalfield City Attorney SUBJECT: CONTRACT FOR CITY ATTORNEY SERVICES At the time the Personnel Committee of the Council was making its final recommendation to the Council on the proposed Charter amendments, I informed the Committee that I would be willing to forego civil service protection for a contract after the amendment became effective. Attached is a draft of such a contract. It is very similar to your contract with the City with the following significant devia- tions: (a) The notice/severance pay term in Section 2.B. is six, rather than three, months; and (b) The "criteria" provisions re: "Performance Evaluation" in your contract have been deleted in Section 10 of the attached draft. I requested that you sound out two or three members of the Council and see if they wish to pursue this matter. (I really do not care, one way or the other.) If the decision is to seriously consider the contract alternative, please obtain Alan Daniel's input re: the draft and possible revisions to the draft. I will not discuss this matter with him, except in your pre- sence, or otherwise communicate with him regarding the contract. He is, by receipt of a copy of this memorandum, directed to use his best professional judgement and to review the attached draft with an eye toward fully protecting the interests of the City. He, not I, will sign any eventual contract on behalf of this office. AJS/meg H/HAWLEY.1 cc: Alan D. Daniel Councilmember Childs stated he felt it should be referred to the Personnel Committee first and then possibly the Budget and Einance Committee with a report back to Council. If the topic of severance pay is an issue, Person- nel Committee should make a recommendation to the Budget and Finance Committee. Councilmember Childs made a substitute motion to refer the matter to the Personnel Committee. Councilmember DeMond called for the question. Bakersfield, California, January 18, 1989 - Page 17 Councilmember Child's substitute motion to refer correspondence regarding contract for City Attorney services to the Personnel Committee failed. Upon a motion by Councilmember Peterson, the issue of City Attorney Saalfield's contract was referred to the Litigation Committee. Councilmember Salvaggio presented two memorandums from former Assistant City Manager Ken Pulskamp and a copy of AB815 to Staff and asked them to research and report back to Council regarding local implementation and what the law entails. City Manager Hawley stated that a draft ordinance has been prepared, the item has been referred to the Urban Development Committee, and the materials should be forwarded to that Committee. Councilmember Salvaggio asked City Manager Hawley to clarify the specifications of key positions and salary adjustments that had been forwarded to the Personnel Commit- tee at the last Council meeting. City Manager Hawley stated the matter had been referred to the Personnel Committee. Councilmember Salvaggio stated his concern that the matter %~as scheduled for a Personnel Committee meeting on January 24, 1989, and the full Council would not have a chance to meet before that. He asked for the report as soon as possible. Mayor Medders spoke in support of the D.A.R.E. program. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Ratty, the meeting was adjourned at 9:00 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California