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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