HomeMy WebLinkAbout11/09/1988 MINUTES CCBakersfield, California, November 9, 1988
Minutes of the Special Meeting of the Council of the
City of Bakersfield, California, for the purpose of a Closed
Session held in the Manager's Conference Room, City Hall, 1301
Truxtun Avenue, at 5:15 p.m., November 9, 1988.
The meeting was called to order by Mayor Payne.
City Clerk Williams called the roll as follows:
Present: Mayor Payne.
Councilmembers Childs, DeMond, Ratty,
McDermott, Smith (seated at
5:16 p.m.), Peterson
(seated at 5:16 p.m.
Absent: Councilmember Salvaggio
to the
CLOSED SESSION
Closed Session pursuant to Government
Code Section 54956.9(a), regarding
Diana Pierce vs. City of Bakersfield.
Closed Session pursuant to Government
Code Section 54956.9(a), regarding
Bruce Bonaventura vs. City of Bakersfield.
Upon a motion by Councilmember Childs, Council adjourned
City Manager's Conference Room for Closed Session.
Council,
ADJOURNMENT
There being no further business to come
the meeting was adjourned at 5:45 p.m.
before the
ATTEST:
MAYOR of the City of Bakersfield,
CA
CITY CLERK and Ex Officio Clerk of the
of the City of Bakersfield, California
Council
bz
Bakersfield, California, November 9, 1988
Minutes of the Regular Meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers,
City Hall, 1501 Truxtun Avenue, at 7:00 p.m., November 9, 1988.
The meeting was called to order by Mayor Payne followed
by the Invocation by Reverend Jeffrey Johnson, Minister of Youth,
First Assembly of God Church, and the Pledge of Allegiance.
City Clerk Williams called the roll as follows:
Present: Mayor Payne.
Absent: None
Councilmembers Childs, DeMond, Smith,
Ratty, Peterson,
McDermott, Salvaggio
MINUTES
Upon a motion by Councilmember Salvaggio, Minutes of the
Special Meeting of August 17, 1988 and Regular Meeting of August
17, 1988 were approved.
Mayor Payne introduced the student representatives from
the various schools participating in Teen Government Day. He
stated that Greg Wickersham and John Werdel were not able to
attend the Council meeting.
Official Student
Mayor Lori Arvizu,
Thomas A. Payne North High School
Councilmember, Ward 1
James H. Childs
Greg Wickersham,
Bakersfield High School
Councilmember, Ward 2
Patricia DeMond
Michelle Moore,
Community Cristian
Councilmember, Ward
Patricia M. Smith
(Vice Mayor)
Terry Minnoy,
East Bakersfield High
School
Councilmember, Ward 4
Donald K. Ratty
Alicia Espericueta,
Foothill High School
Councilmember, Ward 5
Ken Peterson
John Werdel,
Garces High School
Councilmember, Ward 6
Kevin McDermott
Peter Parra,
Highland High School
Councilmember, Ward 7
Mark C. Salvaggio
Lori Abbott,
South High School
City Manager
J. Dale Hawley
Jason Sabol,
West High School.
Mayor Payne thanked the students for taking the time to
join the Council.
Bakersfield, California, November 9, 1988 - Page 2
PUBLIC STATEMENTS
Mr. Jeffrey C. Brown, 901 Pershing Street,
ing the need for greater financial independence and
City affairs on the part of elected City officials.
spoke regard-
control over
Mr. Jerry VanCuren representing Marvin E. Steinert,
Kern Livestock Grain, Inc., 3939 Bernard Street, Suite 1, spoke
regarding Site Plan Review No. 74-88-B, property located at
the entry of East Hills Shopping Center on Oswell Street. Mr.
VanCurren submitted a letter and asked that the letter be
referred to the Urban Development Committee for review. He
requested that a specific time limit be set for that Committee to
report back to the Council. They would like to sit in and try to
negotiate these issues if possible.
Upon a motion by Councilmember Smith, correspondence
received from Mr. Jerry VanCuren regarding Site Plan Review No.
74-88-B, was referred to the Urban Development Committee for
review and recommendation.
Mr. Russ Robinson, Bakersfield Saddle and Harness Club,
Rt. 1, Box 130, spoke regarding a "Specific Trail Plan" in the
Kern River Plan Element Section 5.3 A.1 A.3. (Implementation
Standards and Specific Policies). He asked the Council to sup-
port the preparation of the Specific Trail Plan.
Upon a motion by Councilmember Salvaggio, the issue of
the Specific Trail Plan, in the Kern River Plan Element, was
referred to Staff and Water Resources Committee for review.
RaeAnn Bennett, 10500 Dee Dee, spoke regarding the
Specific Trail Plan. She asked the Council to work with the
County to establish the Trail Plan.
REPORTS
Councilmember Smith, Chairperson of the
Intergovernmental Relations Committee, read Report No. 9-88
regarding Retention of the Sunset Rail Line as follows:
The Intergovernmental Relations Committee met
on October 14, 1988 to discuss a request from
Marvin L. Fuller, Taft City Mayor, that the City
support the retention of the Sunset Rail Line.
This rail segment that runs from Taft to Gosford
Road in Bakersfield is being considered for
abandonment by the joint owners, Santa Fe and
Southern Pacific Railroad Companies. The City of
Taft considers such abandonment to have a harsh
impact on their community and their economic
development efforts.
Bakersfield, California, November 9, 1988 - Page 3
We concur with the City of Taft and want to
communicate our concern about abandonment to
the Interstate Commerce Commission, the Public
Utilities Commission and the railroad companies.
It should be noted that the Kern County Board of
Supervisors has also opposed the abandonment.
The Intergovernmental Relations Committee requests
acceptance of this report and Council approval of
the attached resolution requesting retention of the
Sunset Railway Company Line.
Upon a motion by Councilmember Smith, Intergovernmental
Relations Committee Report No. 9-88 was accepted.
Adoption of Resolution No. 214-88 of
the Council of the City of Bakersfield
Supporting Retention of Rail Service
on the Sunset Railway Company Line from
Bakersfield to Taft and Maricopa.
Upon a motion by Councilmember Smith, Resolution No.
214-88 of the Council of the City of Bakersfield was adopted by
the following vote:
Ayes: Councilmembers Smith, Childs, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty, Peterson,
Councilmember Ratty, Chairperson of the Budget and
Finance Committee, read Report No. 44-88 regarding Salary
Adjustment for City Attorney as follows:
On September 9, 1988, the City Council referred
to the Budget and Finance Committee the matter
of salary adjustment for the City Attorney.
Mr. Saalfield has been at Step 2 of the salary
range for the position of City Attorney since
his appointment to the position more than one
year ago. On August 31st, the Council determined
that Mr. Saalfield has successfully completed the
six-month probationary period, but no salary
adjustment was addressed at that time.
We have met and discussed this matter and this
Committee recommends that Mr. Saalfield be
advanced to Step 3 of the salary range for City
Attorney, effective September 1, 1988.
Upon a motion by Councilmember Ratty, Budget and Finance
Committee Report No. 44-88 was accepted.
Bakersfield, California, November 9, 1988 - Page 4
Upon a motion by Councilmember Ratty, the recommenda-
tions within Budget and Finance Committee Report No. 44-88 were
implemented.
The
a.
Do
CONSENT CALENDAR
following items were listed on the Consent Calendar:
Approval of Warrant Nos. 2465 to 2999
inclusive, in the amount of $2,558,897.26.
Communications:
Communication from Gary Mullhofer,
District Superintendent, Rosedale Union
School District, 12439 Rosedale Hwy.,
dated October 10, 1988, submitting the
annual report for school fees pursuant
to Chapter 15.70 of the Bakersfield
Municipal Code. (RECEIVE AND PLACE ON
FILE)
2 o
Communication from Douglas J. Miller,
Assistant Superintendent/Administrative
Services, Panama Union School District,
4200 Ashe Road, dated October 13, 1988,
submitting the annual report for fees
collected by the City of Bakersfield on
behalf of the Panama-Buena Vista Union
School District under Resolution 2780.
(RECEIVE AND PLACE ON FILE)
Communication from Melissa M. Jolly,
Bakersfield South Stake, Public Com-
munications Director, The Church of
Jesus Christ of Latter-Day Saints,
2408 Newport Lane, dated October 21,
1988, submitting a letter commending
Warner and Cox Cable companies for their
professional and courteous service to
the public. (RECEIVE AND PLACE ON FILE)
Claim for Damages and Personal Injuries from
the following:
1. Stacy Allison Ann Wiggs, 12219 Good Place;
2. Danny Joel Villa, 4101 Tyndal Avenue;
California Casualty Insurance as
for Beatrice Barmann, 1801 Hasti
Suite 1;
subrogee
Acres,
4. John Purcell, 3405 Truman Avenue;
5. Bruce Cravins, 221 Decatur;
Bakersfield, California, November 9, 1988 - Page 5
6. Jonathon E. Logan, 3911 Fairwood Street;
and
7. Darrow Baker, 3606 Kaibab.
(REFER TO CITY ATTORNEY AND LITIGATION COMMITTEE)
d. Dedication of Properties:
e o
Grant Deed, Street Right-of-Way Deeds,
Storm Drain Easement (Permanent), Grant
of Easement, and Public Utility Easement
from George M. Eltinge, George L. Grazadio,
and H. Wayne Shayely for Parcel Map No.
8809 located west of Stine Road and south
of Pacheco Road.
Public Utility Easement from Farm Financial,
Inc. for Parcel Map No. 8881 located west
of $tine Road and south of Pacheco Road.
o
Street Right-of-Way Deed and Public
Utilities Easement from California Harvest
Shops and Brookfield Properties for Parcel
Map No. 8385, located south of Truxtun
Avenue and east of Commercial Way.
o
Road Easement and Offer of Dedication of
Road Easement from Oswell Park Investors
for Parcel Map No. 8279 located east of
Oswell Street and south of Virginia
Avenue.
Improvement Agreement No. 88-271 with Chuck
Antonino for Parcel Map No. 8809 for 11 parcels
on 26.17 acres located west of Stine Road and
south of Pacheco Road.
Notices of Completion and Acceptance of Work
for the following projects:
Parcel Map No. 8040, located at or near
Panama Lane and Akers Road, City Contract
No. 86-234, was completed on October 24,
1988.
2 o
Tract No. 4930, Unit 1, located at or
near Panama Lane and New Stine Road, City
Contract No. 86-193, was completed on
October 24, 1988.
Tract No. 4898, Unit 2, located at or near
Panama Lane and Akers Road, City Contract
No. 87-283, was completed on October 24,
1988.
Bakersfield, California, November 9, 1988 - Page 6
Tract No. 4898, Unit 3, located at or near
Panama Lane and Akers Road, City Contract
No. 87-284, was completed on October 24,
1988.
Traffic signal system on Hughes Lane at
Pacheco Road, City Contract No. 88-150,
was completed on October 25, 1988.
Reconstruction of a portion of Manor Street
under the Panorama Bridge, City Contract No.
88-232, was completed on October 20, 1988.
Construction of Challenger Park security
lighting system, City Contract No. 88-169,
was completed on October 21, 1988.
Request for Time Extension from Oceanic
California Inc. to extend the time of completion
for Improvement Agreement No. 87-282 for Tract
No. 5024 to November 17, 1989.
h. Deleted.
j o
Agreement No. 88-272, Amendment to Agreement
No. 88-82 with County of Kern for traffic signal
installation and maintenance at intersection of
Mt. Vernon Avenue and Brundage Lane.
Accept low bid for an additional three wheel
turf truck for Parks Department from Pacific
Equipment and Irrigation in the amount of
$6,572.00 and reject other bid.
Accept low bid for fire hose from Halprin Supply
Co. in the amount of $21,512.70 and reject all
other bids.
Upon a motion by Councilmember DeMond, Items a, b, c,
e, f, g, i, j and k of the Consent Calendar were adopted, with
the deletion of Item h, by the following vote:
Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
ACTION ON BIDS
Six Police Vehicles.
Upon a motion by Councilmember McDermott, the a~ard to
State Contract was recinded, and Staff was authorized to readver-
tise for bids.
Bakersfield, California, November 9, 1988 - Page 7
Construction of curb and gutter on
Oregon Street, Pacific Street and
Quincy Street.
Upon a motion by Councilmember Peterson, all bids were
rejected, and Staff was authorized to readvertised the project.
Two Hundred Refuse Containers (300
gallon capacity each) for Sanitation.
Upon a motion by Councilmember DeMond, the bid from Ray
Gaskin Service in the amount of $28,090.00 was accepted.
Approval of Agreement No. 88-273
for Traffic Signal System on District
Boulevard at Stine Road with John
Black Electric.
Upon a motion by Councilmember McDermott, the low bid
from John Black Electric in the amount of $74,590.25 was
accepted, all other bids rejected, and the Mayor was authorized
to execute the Contract.
Approval of Agreement No. 88-274
for construction of reinforced
concrete box culverts on Owens
Street at Eastside Canal and on
La France Drive at Kern Island
Canal with Granite Construction.
Upon a motion by Councilmember Childs, the low bid from
Granite Construction Co., in the amount of $238,469.00 was
accepted, and the Mayor was authorized to execute the Contract.
Adoption of Resolution No. 215-88 of
the Council of the City of Bakersfield
determining that certain radar guns
can be reasonably obtained from only
one vendor, Kustom Electronics, Inc.
and authorizing the Finance Director
to dispense with bidding therefor, not
to exceed $6,000.00.
Upon
215-88 of the
the following
a motion by Councilmember Peterson, Resolution No.
Council of the City of Bakersfield was adopted by
vote:
Aves:
Noes:
Abstain:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty,
McDermott, Salvaggio
None
None
None
Peterson,
Bakersfield, California, November 9, 1988 - Page 8
Adoption of Resolution No. 216-88 of
the Council of the City of Bakersfield
determining that certain used cars cannot
be reasonably obtained through usual
bidding procedures and authorizing the
Finance Director to dispense with bidding
therefor, not to exceed $27,000.00.
Upon
216-88 of the
the following
a motion by Councilmember DeMond, Resolution No.
Council of the City of Bakersfield was adopted by
vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers
None
None
Smith, Childs, DeMond, Ratty,
McDermott, Salvaggio
Peterson,
DEFERRED BUSINESS
Adoption of Ordinance No. 3186 of the
Council of the City of Bakersfield
amending Section 15.48.010, repealing
Section 15.48.020, renumbering Section
15.48.030 to 15.48.020 and amending
Subsection B., thereof, of the Bakers-
field Municipal Code relating to the
fencing of swimming pools, spas, private
ponds and lakes, canals and ditches.
This Ordinance was given first reading at the meeting of
October 26, 1988.
Upon a motion by Councilmember Salvaggio, Ordinance No.
3186 of the Council of the City of Bakersfield was adopted by the
following vote:
Ayes: Councilmembers Smith, DeMond, Ratty,
McDermott, $alvaggio
Noes: None
Abstain: Councilmember Childs
Absent: None
Peterson,
NEW BUSINESS
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Subsection C. of Section
12.56.150 of the Bakersfield Municipal
Code relating to parks (indemnification
and insurance).
This ordinance raises the insurance coverage limits to
$1,000,000 in conformance with current City policy.
Bakersfield, California, November 9, 1988 Page 9
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 5.50.010, Subsection
A. of Section 5.50.080, Section 5.50.190,
Subsections A. and E. of Section 5.50.290,
Subsection A. of Section 5.50.310 and
Subsection E. of Section 5.50.320; and
repealing Section 5.50.230 and Subsection
B. of Section 5.50.250 of the Bakersfield
Municipal Code relating to chauffeured
limousine service.
At the meeting of October 26, 1988, the Council approved
and moved to implement the recommendation of Urban Development
Committee Report No. 9-88 that the Ordinance regulating limousine
service be repealed, as recommended by the Police Department.
The Ordinance provisions regulating limousine service are inter-
mingled with taxicab regulations.
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 9.44.010 of the
Bakersfield Municipal Code relating
to curfews for minors.
This Ordinance prohibits "loitering" in places of amuse-
ment, etc., rather than "being" in those places, as required by
most California courts. It also allows a minor to return
directly home in a reasonable manner following a regular program
of entertainment which has been held past ten p.m. This
Ordinance uses language consistent with case law.
Adoption of Resolution of Intention No.
1054 of the Council of the City of
Bakersfield declaring its intention to
order the abandonment of the public
utilities easement reserved in the
vacated alley in Block 212 of the Kern
Division.
The Resolution sets the public hearing for the Council
meeting of December 14, 1988.
Upon a motion by Councilmember Childs, Resolution of
Intention No. 1054 of the Council of the City of Bakersfield was
adopted by the following:
Ayes: Councilmembers
Noes: None
Abstain: None
Absent: None
Smith, Childs, DeMond, Ratty,
McDermott, $alvaggio
Peterson,
Bakersfield, California, November 9, 1988 - Page 10
Adoption of Resolution No. 217-88 of
the Council of the City of Bakersfield
authorizing the substitution of a
letter of credit of the Tokai Bank, LTD.,
Los Angeles Agency, for the existing
letter of credit issued by Union Bank in
connection with the City's outstanding
Revenue Bonds (Heritage Convalescent Center
Project), Series 1985.
Approval of Agreement No. 88-275,
Intercreditor Agreement regarding revenue
bonds for Heritage Convalescent Center
Project, with Tokai Bank, Ltd.
Upon a motion by Councilmember DeMond, Resolution No.
217-88 of the Council of the City of Bakesfield was adopted and
Agreement No. 88-275 was approved, and the Mayor was authorized
to execute the Agreement by the following vote:
Ayes: Councilmembers Smith, Childs, DeMond, Ratty,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Peterson,
Adoption of Resolution No. 218-88 of
the Council of the City of Bakersfield
authorizing the Police Department to
participate in training programs
sponsored by the California Highway
Patrol.
Upon
218-88 of the
the following
a motion by Councilmember Childs, Resolution No.
Council of the City of Bakersfield was adopted by
vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers
None
None
None
Smith, Childs, DeMond, Ratty,
McDermott, $alvaggio
Peterson,
Adoption of Resolution No. 219-88 of
the Council of the City of Bakersfield
approving an application to the U.S.
Department of Housing and Urban Develop-
ment for designation of a portion of
Metropolitan Bakersfield as a Federal
Enterprise Zone.
Approval of Agreement No. 88-276,
Memorandum of Understanding for Federal
Enterprise Zone with the County of Kern
and California Department of Commerce.
Upon a motion by Councilmember McDermott the call for
the question was approved.
Bakersfield, California, November 9, 1988 - Page 11
Upon a motion by Councilmember Childs, Resolution No.
219-88 of the Council of the City of Bakersfield was adopted and
referred to the Budget and Finance Committee for additional
review; and Agreement No. 88-276 was approved, and the Mayor was
authorized to execute the Agreement by the following vote:
Ayes: Councilmembers Smith, Childs, DeMond, Ratty,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Peterson,
Agreement with NEDA, San Joaquin Valley,
Inc., for consulting services.
Councilmember Salvaggio asked that the report coming
back to Council explain the ramifications of this study with
respect to the Southeast Enterprise Zone Corporation (SEEZ) and
the Kern County Economic Development Corporation. He would like
clarification of the different roles the other entities are play-
ing with respect to the development of the Airpark and the area
around it.
Upon a motion by Councilmember Salvaggio, Agreement with
NEDA, San Joaquin Valley, Inc. for consulting services was
referred to the Budget and Finance Committee.
Agreement No. 88-277 with Dog Training
Center of California, Inc. for providing
services for the Police Canine Program.
Upon a motion by Councilmember McDermott, Agreement No.
88-277 was approved, and the Mayor was authorized to execute the
Agreement and appropriate $20,620.00 from the Seized Property
Trust Account to the Police Department budget by the following
vote:
Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Loan Application to State of California
DOT/Aeronautics for $111,111.00 which
represents the City's 10% matching share
of approved FAA Airpark Improvement Grant
No. AIP3-06-0323-05.
Upon a motion by Councilmember Salvaggio, the loan
application was approved, and Staff was directed to submit the
loan application to the State DOT/Aeronautics Division.
Donation of G.E.T. bus.
Upon a motion by Councilmember DeMond, the donation of a
35 foot bus from Golden Empire Transit District for use by the
City Fire Department was approved, and $5,000 was authorized from
the Fire Department Budget for repairs.
Bakersfield, California, November 9, 1988 - Page 12
COUNCIL STATEMENTS
Upon a motion by Councilmember McDermott, correspondence
received from Kern COG requesting the Council reconsider their
motion on the ½ Cent Sales Tax Initiative was referred to Staff
to bring back to Council.
Upon a motion by Councilmember McDermott, a memorandum
from City Manager Hawley regarding the Central District
Development Agency's request to keep the Council informed of
Agency issues by meeting with members of the Council on a regular
basis was referred to the Urban Development Committee.
Councilmember Ratty made a motion to consider a hearing
regarding the General Plan Amendment 2-88 Segment V, as a matter
that arose after the agenda was prepared and requires action at
this meeting. The motion failed by the following vote:
Ayes: Councilmembers Childs,
Noes: Councilmembers Smith,
Abstain: None
Absent: None
DeMond, Ratty, Salvaggio
Peterson, McDermott,
Councilmember Ratty stated that he felt it was unfair
that Planning Commissioner Kate Rosenlieb was not allowed to
express her opinions regarding the General Plan Amendment at the
Planning Commission meeting. He stated that the Attorney's
office was in error by not letting her speak and he is very
disturbed. He feels the Attorney's office should apologize to
Ms. Rosenlieb, if they have not done so already.
Upon a motion by Councilmember Smith, Staff was directed
to consider the installation of yellow flashing lights to desig-
nate a school crosswalk at University and Boise, and the instal-
lation of a 4-way stop sign at the intersection of Christmas Tree
and Wenatchee Street.
Councilmember Childs asked the City Attorney to provide
clarification regarding rulings on motions to previous actions.
Councilmember DeMond spoke in appreciation to the Teen
Government representatives.
Councilmember McDermott clarified his vote on
Councilmember Ratty's motion to consider the hearing regarding
General Plan Amendment 2-88, as an item that arose after the
agenda was prepared and required action at this meeting. He
stated that Kate Rosenlieb brought this item to him three weeks
prior to this meeting, therefore he cannot determine that the
item arose after the agenda was prepared. He feels the hearing
can go as scheduled and input from Planning Commissioner, Kate
Rosenlieb, can be received at that time.
Bakersfield, California, November 9, 1988
Page 13
Upon a motion by Councilmember Salvaggio, the issue
regarding the pornography and lewd conduct situations in
Modesto Adult Book stores was referred to Staff for research;
Staff was directed to meet with StanislausDistrict Attorney,
Donald Stall; Modesto Police Chief Gerald McKenzie; and Modesto
City Attorney; and also directed to research Senate Bill 5 and
report back to the Council.
Upon a motion by Councilmember Childs, Staff was
directed to research the Federal Enterprise Zone to check the
state enterprise zone regulation and to report why Midstate
Development Corporation was not located in the enterprise zone.
Mayor Payne stated that it was
students participate in city government
token of appreciation.
a pleasure to have the
and presented them with a
ADJOURNMENT
There being no
Council, upon a motion by
was adjourned at 8:00 p.m.
further business to come before the
Councilmember McDermott, the meeting
MAYOR of the City of Bakersfield,
CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
bz