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HomeMy WebLinkAbout05/25/1988 MINUTES CCBakerstleld, Calitornla, May 25, 1988 Minutes o~ the Special Meeting ot the Council of the City o~ Bakersfield, California, ~or the purpose o£ a WorKshop held in the Council Chambers o£ City Hall at 5:15 p.m., May 25, 1988. The meeting was called to order by Mayor Payne. Present: Absent: Councilmembers Childs, DeMond, Smzth, Ratty, McDermott, Salvagglo, None Peterson, DRUG ABUSE RESISTANCE EDUCATION PROGRAM (D.A.R.E.) - Police. Mr. Gary Bohanson, Crime Prevention Coordinator, intro- duced to the Council Frank Woolridge, Gary Moore and Claude Cash, Ba~ers£1eld Police O£tlcers wor~lng with the D.A.R.E. Program. Bumper stickers and D.A.R.E. T-sh~rts were presented to the Council. Otticer Gary Moore, stated that the D.A.R.E. program has been in ettect in the City School District since February. The program was started with a grant tunded Dy the Ottlce ot Criminal Justice and Planning and is a Kindergarten through E~ghth Grade program. The students receive many important lessons in drug abuse, types o£ pressures, building selt esteem, stress and gangs. Ms. Fielding, Teacher at Mount Vernon School, stated that she teeis the D.A.R.E Program is one ot the most exc~tzng things that has happened to students zn her 20 years ot teaching, and zs very supportive ot the program. Ms. Scha[ter, Teacher with Bakerstield City Schools, stated that this is the most et£ective direct program ot any Kind she has ever seen used with children. Mayor Payne stated that the D.A.R.E. Program is an asset to the system and Otticers Woolr~dge, Moore and Cash are an asset to the Polzce Department. He also thanRed everyone tot attending the workshop. CLOSED SESSION Closed Session pursuant to Government Code Section 54957 regarding Police Negotiations with City o~ BaRers~ield's Chie~ Negotiator Bill Avery. Closed Session pursuant to Government Code Section 54956.9(a) regarding Sand Creek Associates vs. City o~ Bakersfield. Upon a motion by CouncllmemOer DeMond, Council recessed to the City Manager's Conference Room tot Closed Session at 5:50 p.m. The meeting reconvened at 6:45 p.m. Bakersfield, Calitornia, May 25, 1988 Page 2 Council, ADJOURNMENT There being no tufther business to come betore the the meeting was adjourned at 6:45 p.m. MAYOR o~ the City of Ba~erstield, ATTEST: CITY CLERK and Ex O~ticio Clerk ot the Council ot the City ot Bakerstie±d, Calitornia CA bz Bakersfield, California, May 25, 1988 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., May 25, 1988. The meeting was called to order by Mayor Payne followed by the Pledge of Allegiance and Invocation by Chaplain Ed Meissner of the First Assembly of God Church. City Clerk Williams called the roll as follows: Present: Absent: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio None Ratty, Peterson, PRESENTATION Gary Maxwell, Band Director of Sierra Junior High School, expressed his appreciation for support received from the City of Bakersfield while representing Bakersfield in the St. Patricks Day Parade in Ireland. He introduced Eddie Perez, Drum Major and Nicole Herrera, Student Body President. Eddie Perez, Drum Major for Sierra Junior High School, spoke of his experiences in Ireland while representing Bakersfield at the St. Patricks Day Parade. Nichole Herrera, Student Body President of Sierra Junlot High School, spoke regarding her experiences in Ireland and pre- sented a plaque from Ireland to Mayor Payne. PUBLIC STATEMENTS Dr. Clifford F. Loader, Chairman, Charter Review Committee, 7804 Calle Espada, spoke regarding Charter Review Committee Recommendations. He stated that the Committee was formed August 26, 1987 and has completed their work. He thanked the Council, City Staff and Committee members for their help. Mr. Loader submitted a report for Council deliberation and sug- gested that non-controversial items be submitted as one measure and controversial items be submitted individually. He stated that the Committee will continue to assist the Council, if the Council desired. Mayor Payne thanked the Charter Review Committee for their willingness to serve, and feels the Committee will need to assist the Council throughout the election. Councilmember Childs made a motion to refer the Charter Review Committee's Report to the Personnel Committee to come back with a recommendation; and to send it to the Legislative Committee for any possible implementation of any draft procedure. Councilmember Childs deferred his motion until the "Reports" section of the Agenda. Vice-Mayor Smith presented a Certificate of Appreciation to each member of the Charter Review Committee. Bakersfield, California, May 25, 1988 - Page 2 Assistant Fire Chief, Henry Pacheco, updated the Council on the tank cars derailment containing hazardous materials that occurred at the Santa Fe Railroad Yard today. He stated that the incident is in its last phase and the last car of concern was being picked up. The substances that leaked were flammable, and could be toxic and poisonous if released in large quantities. In this situation there were very minor leaks, which the railroad patched right away. The main concern was the lack of communica- tion between the Santa Fe Railway and the Fire Department. Assistant Fire Chief Pacheco stated Fire officials would be talk- ing with Santa Fe Railway Officials to clear communications. The area will remain evacuated until the cars are in the upright position and the Fire Department is assured that it is safe. Mayor Payne commended everyone involved for a job well done in handling the situation and asked to be kept updated. Billie Smith, 2301 Quincy Drive, Representative of the Building and Construction Trades Council of Kern, Inyo and Mono Counties spoke in support of Measure "D". Jack C. O'Donnel, 2200-40 E1 Portal, spoke regarding Redevelopment Conflict of Interest. REPORTS Councilmember McDermott, Chairperson of the Urban Development Committee, read Report No. 2-88 regarding 2010 General Plan Progress Report as follows: The Urban Development Committee has been monitoring staff progress on the 2010 General Plan as a responsibility referred to it by the City Council. Since completion of the draft plan by the consult- ants it has been referred to city and county staff for resolution of differences in policy. City and county staffs have substantially resolved their initial concerns. All public comments on policies have been sorted, collated, reviewed and evaluated by city staff. The city staff's recommendations have been forwarded to county staff for review. City staff has evaluated all the land use map issues raised by the public and has sent its recom- mendations to the county for evaluation. Inconsistencies between existing zoning and the draft plan map have been identified and are being evaluated now. Agreement between city and county staffs has been reached on the Circulation Element. A new proposed Land Use Map and rewritten Circulation Element should be completed by mid June and the Land Use Element should be redrafted by mid July. These will be studied by the County Planning Advisory Committee (PAC) and City Planning Commis- sion during the workshops which they have been con- ducting and will continue conducting on a regular basis. Responses are being sent to each person who has commented on the policies or map. Bakersfield, California, May 25, 1988 - Page 3 Although the process of cooperative and sensitive development of policies is more difficult and tedi- ous, we feel the time spent now is well worth the effort and we are encouraged by progress made in the last four months. The committee will continue to monitor this project. It is recommended that the City Council accept this report. Upon a motion by Councilmember McDermott, Urban Development Committee Report No. 2-88 was accepted. Councilmember Peterson, Chairperson of the Auditorium and Community Services Committee, read Report No. 5-88 regarding Joint Development of Community Park with Greenfield Union School District as follows: On April 5, 1988, a letter was received from Don L. Williams, District Superintendent of the Greenfield Union School District, requesting cooperation in developing a community park adjacent to Greenfield Jr. High School. This request was placed on the Council Agenda on April 19, 1988, and referred to the Auditorium and Community Services Committee. The Committee has met with staff to discuss this issue. Based on review of all available infor- mation, it is the recommendation of this Committee to authorize staff to negotiate with Greenfield Union School District in the coordination and development Of a community park located southwest of Monitor and Pacheco Road. Upon a motion by Councilmember Peterson, Auditorium and Community Services Committee Report No. 5-88 was accepted. Upon a motion by Councilmember Peterson, the recommenda- tions of Auditorium and Community Services Committee Report No. 5-88 were implemented. Councilmember Smith, Chairperson of the Intergovernmental Relations Committee, read Report No. 6-88 regarding Siting of New Hazardous Waste Facilities as follows: The Intergovernmental Relations Committee has met several times to discuss siting of new hazardous waste facilities within Kern County. Consistent with past Council actions on clean air and environ- mental quality, the Committee is proposing a resolution. The Intergovernmental Relations Committee requests approval of this report and recommends adoption of the resolution. Bakersfield, California, May 25, 1988 - Page 4 Upon a motion by Councilmember Smith, Intergovernmenta£ Relations Committee Report No. 6-88 was accepted. Councilmember Smith made a motion to implement the recommendations within Intergovernmental Relations Committee Report No. 6-88 and adopt the Resolution. Councilmember Salvaggio made a motion to recognize Tom Fallgatter. Mr. Tom Fallgatter, 5401 Business Park South, Suite 114, spoke on behalf of the Kern County Toxics Coalition. He stated that the Coalition appreciates the proposed resolution. They asked for a resolution supporting Measure "B", but will accept the proposed resolution in spirit as support to what they are trying to accomplish. He thanked the Council. Councilmember Salvaggio made a substitute motion to amend the resolution to reflect support of Measure "B". Adoption of Resolution No. 80-88 of the Council of the City of Bakersfield Supporting a Moratorium on the Siting of New Hazardous Wastes Facilities within Kern County. Councilmember Salvaggio's motion to amend the resolu- tion to reflect support of Measure "B" was approved and Resolution No. 80-80 was adopted as amended by the following vote: Ayes: Councilmembers Childs, DeMond, Ratty, Salvaggio Noes: Councilmembers Smith, Peterson, McDermott Absent: None Report No. 27-88 from the Budget and Finance Committee regarding 1988-89 Application for Community Development Block Grant (CDBG) Funds for the City of Bakersfield was deleted from the agenda. Report from the City of Bakersfield Charter Review Committee submitting recommendations. City Manager Hawley stated that each Councilmember has received a report and recommendations of the Bakersfield Charter Review Committee. The Committee has recommended a number o£ changes to the Charter which cover a wide range of issues, such as election days, office of Mayor and Vice-Mayor, work done by contracts, revenues bonds and civil service boards. If the Council desires to place any of the recommendations on the November 1988 Ballot it would be necessary to adopt a resolution at the June 8, 1988 meeting. City Manager Hawley recommended that the report from the Charter Review Committee be referred to the Personnel Committee and the Committee recommendations be brought back to the Council on June 8, 1988. Bakersfield, California, May 25, 1988 - Page 5 Councilmember Childs made a motion to refer the Charter Review Committee's report to the Personnel Committee with a rec- ommendation back to the Council by June 8, 1988. Councilmember McDermott made a substitute motion to refer the Charter Review Committee's report to the Legislative Committee. Upon a motion by Councilmember Ratty, the call for the question was approved. Mayor Payne restated Councilmember McDermott's motion "To refer the Charter Review Committee's report to the Leqislative Committee for a report and recommendation back to the Council no later than June 8, 1988." The Motion failed. Mayor Payne restated Councilmember Childs' motion, "To refer the Charter Review Committee's report to the Personnel Committee for a report and recommendation back to the Council no later than June 8, 1988". The motion was approved. Councilmember McDermott clarified his vote stating that he voted against referring the Charter Review Committee's report to the Personnel Committee because he is very concerned about the length of time it takes to receive a report back from the Personnel Committee. He also stated that these are very impor- tant issues and hopes that in this case the Personnel Committee can meet and discuss these issues and definitely bring back a recommendation to Council at the June 8th meeting. Oral report from Staff regarding the proposed Fiscal Year 1988-89 Operating, Capital Improvements and Central District Development Agency Budgets. Assistant City Manager Strenn distributed copies of the proposed budget to the Council. She stated that the proposed budget for 1988-89 is $133,121,788, which includes a general fund of almost $59,000,000. She provided an overview of the 1988-89 revenues. John Stinson, Assistant to City Manager, stated that the appropriations in the General Fund this year total $58,952,775. This budget represents the first of a two-year budget cycle and reflects an emphasis on the operating budget. Mr. $tinson explained the appropriations and how they are distributed, and reviewed the capital improvements. City Manager Hawley spoke regarding high-priority "unfunded" items. He concluded stating that this budget is the combined effort of all the department heads and staff. The next step is Council's review and referral of the budget to the Budget and Finance Committee for review and recommendation to the full Council. The Budget Hearings are scheduled for June 13 & 14, 1988. Councilmember Childs made a motion to refer the proposed 1988-89 Budget to the Budget and Finance Committee. Bakersfield, California, May 25, 1988 - Page 6 Councilmember Peterson made a substitute motion to refer the proposed 1988-89 Budget to the Urban Development Committee. Upon a motion by Councilmember Childs, the call for the question was approved. Councilmember Petersoh's substitute motion to refer the proposed 1988-89 Budget to the Urban Development Committee failed. Councilmember Childs' motion to refer the proposed 1988-89 Budget to the Budget and Finance Committee was approved. CONSENT CALENDAR The following items were listed on the Consent Calendar: Approval of Warrant Nos. 8341 to 8632 inclusive, in the amount of $908,380.54. Communication from Western Irrigation Systems, 920 Wible Road, dated May 13, 1988, commending Police Department Administrative Assistant Lt. O'Rear for his ability, his knowledge, his public relations, and his general attitude. (RECEIVE AND PLACE ON FILE) Claim for Damages and Personal Injuries from the following: 1. Donald David Dahlquist, 328 Hickory Wood Lane; 2. Jeffrey Scott Lucas, 4401 Parkwood Court, #B; 3. Anthony Moya, 104 "O" Street; 4. Pacific Gas and Electric Company, 77 Beale Street, San Francisco; and 5. B.W.$. Incorporated, 2701 Fruitvale Avenue. (REFER TO CITY ATTORNEY) d. Dedication of Properties: Highway Easement Deed from Chevron U.S.A. Inc., for a portion of Masterson Street between Paladino Drive and Highway 178. Street Right-of-Way Deed from Fred and Nancy Mills for a portion of South "H" Street at the northwest corner of South "H" Street and Terrace Way. Bakersfield, California, May 25, 1988 - Page 7 e. Contract Change Orders: No. 1 - Contract No. 88-105, with Granite Construction Company, for improvements on White Lane, Ming Avenue, Ashe Road and Brundage Lane, M-3007 (12), M-3007 (13), M-248 (5). No. 2 - Contract No. 88-71, with Micon, for relocation of De Rancho Y Mobile Home Park facilities adjacent to Wible Road. Request from Homestead Land Development Corporation to extend the time for completion of improvements under Improvement Agreement No. 87-68 for Tract 4734, Unit 4 to April 8, 1989. h o Authorization Department of (HUD) Section Program. to Participate in the U. S. Housing and Urban Development 312 Rehabilitation Loan Agreement No. 88-129 with Southern Pacific Railway for a pipeline installed in railroad right-of-way for the Union Avenue Overpass Project. Agreement No. 88-130, Approval of Program Supplement No. 38 to Local Agency - State Agreement No. 06-5109, with the State of California for the replacement of the Owens Street Bridge at the Eastside Canal. Consulting Services Agreement No. 88-131 with Wilson & Associates for apportionment of assessments in Assessment District No. 86-2 (Rancho Laborde). Award Contract No. 88-132 for median construction on Truxtun Avenue at Westwind Drive to Griffith Company in the amount of $12,891.88, reject all other bids, and authorize the Mayor to execute the Contract. Award Contract No. 88-133 for construction of Sanitary Sewer System for Fire Station No. 11 (7000 Stockdale Highway) to Tescon, Inc. in the amount of $19,870.00, reject all other bids, and authorize the Mayor to execute the Contract. Upon a motion by Councilmember Smith, Items a, b, c, d, e, f, g, h, i, j, k, and 1 of the Consent Calendar were approve by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson, Bakersfield, California, May 25, 1988 Page 8 ACTION ON BIDS Contract No. 88-134 with Drainage Construction Company for Construction of Sewer System in Assessment District No. 87-3 (Garnsey, Akers, Wible, and Mesa Grande). Upon a motion from Drainage Construction Company in the amount of $1,433,656.00, subject to sale of bonds for the Assessment District was accepted, the appropriation of $182,500.00 froin project savings was authorized, all other bids rejected, and Mayor authorized to execute Contract No. 88-134 ~as approved the following vote: by Councilmember McDermott, the low bid t~e by Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson Contract No. 88-135 with Griffith Company for Construction of Street Improvements on Wible Road between Auto Mall Drive and Panama Lane. Upon a motion by Councilmember McDermott, the low bid from Griffith Company in the amount of $64,573.00 for the Base Bid and Alternate "A" was accepted, the appropriation of $56,573 from Gas Tax Fund was authorized, all other bids rejected, and the Mayor authorized to execute Contract No. 88-135 was approved by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson Five Cellular Telephones for Surveillance Communication by Police Department. Upon a motion by Councilmember Peterson, the bid from Bakersfield Cellular One in the amount of $8,469.40 was accepted, all other bids rejected, and appropriation of funds from Seized Property Trust Account were approved by the follow- ing vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson Bakersfield, California, May 25, 1988 - Page 9 DEFERRED BUSINESS Adoption of Ordinance No. 3160 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 the north side of Brimhall Road approximately 350 feet east of Calloway Road, from an M-2 (General Manufacturing) Zone, to an R-1 (One Family Dwelling) Zone, to an R-2 (Limited Multiple Family Dwelling) Zone, and to a C-2 (Commercial) Zone; and from a C-2 (Commercial) Zone, to an R-2 (Limited Multiple Family Dwelling) Zone. This Ordinance was given first reading at the meeting of May 11, 1988. Upon a motion by Councilmember Ratty, Ordinance No. 3160 of the Council of the City ok Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson Adoption of Ordinance No. 3161 of the Council of the City of Bakersfield amending Section 5.50.080 A. of the Bakersfield Municipal Code relating to insurance requirements for taxicab operators. This Ordinance was given first reading at the meeting of May i1, 1988. Upon a motion by Councilmember Peterson, Ordinance No. 3161 of the Council of the City o~ Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson Adoption of Ordinance No. 3162 of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding Prezoning of Property known as the Renfro No. 1 Annexation. This Ordinance was given first reading at the meeting Of May 18, 1988. Bakersfield, California, May 25, 1988 - Page 10 Upo~ a motion by Councilmember Ratty, Ordinance 3162 of the Council of the City of Bakersfield was adopted by the fol- lowing vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson Adoption of Ordinance No. 3163 of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as the Rosedale No. 4 Annexation. This Ordinance was given first reading at the meeting of May 18, 1988. Upon a motion 3163 of the Council of the following vote: by Councilmember Ratty, Ordinance No. the City of Bakersfield was adopted by Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson Adoption of Ordinance No. 3164 of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City the Bakersfield regarding prezoning of property known as the Calloway No. 2 Annexation. This Ordinance was given first ~eading at the meeting of May 18, 1988. Upon a motion by Councilmember Ratty, Ordinance No. 3164 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson Bakersfield, California, May 25, 1988 - Page 11 NEW BUSINESS Adoption of Resolution No. 81-88 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 California. Upon a motion by Councilmember DeMond, Resolution No. 81-88 of the Council of the City of Bakersfield was adopted by the following vote: Aves: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson Adoption of Resolution No. 82-88 of the Council of the City of Bakersfield setting and authorizing Notice of a Hearing to consider and act upon the adoption of a Resolution of Necessity to acquire certain property by Eminent Domain for Water Line Easement Purposes. This resolution sets the date of hearing for July 6, 1988. Upon the motion No. 82-88 of the Council by the following vote: by Councilmember Salvaggio, Resolution of the City of Bakersfield was adopted Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson Adoption of Resolution No. 83-88 of the Council of the City of Bakersfield approving the Memorandum of Understanding setting salaries and related benefits for officers and employees of the Police Unit of the City of Bakersfield. Approval of Contract No. 88-136 with Association of Bakersfield Police Officers, Memorandum of Understanding setting salaries and related benefits for officers and employees of the Police Unit. Upon a motion by Councilmember Salvaggio, Resolution No. 83-88 of the Council of the City of Bakersfield was adopted and Contract No. 88-136 was approved by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson Bakersfield, California, May 25, 1988 - Page 12 Adoption of Resolution No. 84-88 of the Council of the City of Bakersfield ordering changes and modifications to the Assessment Diagram and Assessment Roll of Assessment District No. 82-1 (Stockdale Trunkline Sewer). Upon a motion by Councilmember Ratty, Resolution No. 84-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Noes: None Absent: None Smith, Childs, DeMond, Ratty, McDermott, Salvaggio Peterson Adoption of Resolution No. 85-88 of the Council of the City of Bakersfield approving amendment to Agreement No. 87-199 for the acquisition of certain public improvements in Assessment District 86-2 (Rancho Laborde). Approval of Agreement No. 88-137 with Clifford E. Bressler, First Amendment to Exhibit C to Agreement No. 87-199; Assessment District 86-2 (Rancho Laborde). Upon a motion by Councilmember Ratty, Resolution No. 85-88 of the Council of the City of Bakersfield was adopted and Agreement No. 88-137 was approved by the following vote: Ayes: Councilmembers Noes: None Absent: None Smith, Childs, DeMond, Ratty, McDermott, Salvaggio Peterson Adoption of Resolution No. 86-88 of the City Council of the City of Bakersfield determining to make a contribution to Assessment District No. 87-3 (Jewetta- Garnsey-Akers-Wible-Mesa Grande, Monitor). Upon a motion by Councilmember Salvaggio, Resolution No. 86-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio None None Peterson Bakersfield, California, May 25, 1988 Page 13 Adoption of Resolution No. 87-88 of the City Council of the City of Bakersfield approving a modified assessment roll, determining unpaid assessments, the manner of payment thereof, listing the bonds to be issued on the security therefor, authorizing the filing of an addendum to the notice of assessment and determining the assessment for administration costs for Assessment District 87-3 (Jewetta- Garnsey-Akers-Wible-Mesa Grande, Monitor). Upon a motion by Councilmember Salvaggio, Resolution No. 87-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, $alvaggio Noes: None Absent: None Ratty, Peterson Adoption of Resolution No. 88-88 of the City Council of the City of Bakersfield, California, providing for the issuance and sale of limited obligation improvement bonds of said city, in an aggregate principal amount of $3,000,000 for Assessment District 87-3 (Jewetta-Garnsey-Akers-Wible-Mesa Grande, Monitor). Approval of Agreement No. 88-139 with Sutro & Company, Bond Purchase Agreement. Umon a motion by Councilmember Salvaggio, Resolution No. 88-88 of the Council of the City of Bakersfield was adopted and Contract NO. 88-139 was approved by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson Adoption of Resolution No. 89-88 of the Council of the City of Bakersfield determining that certain Computer Equipment can be reasonably obtained from only one vendor, Prime Computer Inc., and authorizing the Finance Director to dispense with bidding therefor, not to exceed $16,000.00. Upon a motion by Councilmember Childs, Resolution No. 89-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson Bakersfield, California, May 25, 1988 Page 14 Adoption of Resolution No. 90-88 of the Council of the City of Bakersfield adopting "Official Cars Only" Parking Designations. Upon a motion by Councilmember Ratty, Resolution No. 90-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson Request for Authorization to Enter into Discount Agreement with Harbor Freight for Hand Tools and Equipment. Upon a motion by Councilmember Demond, the Finance Director was authorized to enter into discount agreement with Harbor Freight for hand tools and equipment. Agreement No. 88-138, Amendment No. 1 to Memorandum of Understanding (Agreement No. 88-43) for the Fair Housing Program. Upon a motion by Councilmember Childs, Agreement No. 88-138 was approved and the Mayor authorized to execute the Agreement. Contract Change Orders: Contract Change Order No. 1 - Contract No. 88-86, with Granite Construction Company, for resurfacing of various streets in Southwest Bakersfield: McDonald Way - Sundale Avenue - Montclair Street - Ashe Road - Akers Road New Stine Road - adding Rio Bravo Drive, Real Road, and Ashe Road. Contract Change Order No. 1 - Contract No. 88-85, with Griffith Company, for resurfacing portions of Brundage Lane, Hughes Lane, Wible Road, Belle Terrace, and Planz Road adding Chester Avenue, Palm Street, and Pacheco Road. Upon a motion by Councilmember McDermott, Contract Change Order No. 1 to Contract No. 88-86 and Contract Change Order No. 1 to Contract 88-85 were approved and the Mayor authorized to execute by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson Bakersfield, California, May 25, 1988 - Page 15 Memorandum from Central District Development Agency requesting Transfer of Appropriations. Upon a motion by Councilmember Smith, Memorandum from Central District Development Agency was referred to the Litigation Committee for a report back to Council. Referral to Grand Jury of procedural history of settlement of Moreland vs. City of Bakersfield, for review and recommendation. Councilmember Peterson read his letter regarding the Mo£eland Lawsuit and made a motion to refer the Moreland Lawsuit, particularly the period from July, 1987 to April, 1988 to the Kern County Grand Jury for proper investigation and report. Vice-Mayor Smith made a substitute motion to refer the Moreland Lawsuit to the Litigation Committee for study and report back to the Council. Councilmember McDermott stated he is in support of Councilmember Petersoh's motion but wants to restrict the direc- tion of the grand jury to the handling of lawsuits and not how the City got into those lawsuits. Councilmember Childs stated that the grand jury is per- ceived as a body that investigates criminal action and does not feel this should be referred the grand jury. He supports the substitute motion to refer this issue to the Litigation Committee. Mayor Payne restated Vice-Mayor Smith's motion, "To refer the Moreland Lawsuit to the Litigation Committee." The motion was approved by the following vote: Ayes: Noes: Absent: Councilmembers Councilmembers None Smith, Childs, DeMond, Ratty Peterson, McDermott, Salvaggio Councilmember Peterson stated that as an individual Councilmember, and as a member of the Council, he is very ~leased with the steps made as a Council to improve the Council's public image. He will respect the decision of the Council with regard to this request. Councilmember Salvaggio elarified his vote stating he does not feel it would have been a problem to have the Grand Jury act as the third party on this issue. He appreciates what Councilmember Peterson said when he indicated that he respects the majority ruling on this issue. He also respects this Council in the manner in which this issue was discussed tonight. Councilmember McDermott stated that he has no problem with referring this issue to the Litigation Committee. He feels Council should have looked at it from the Grand Jury's perspec- tive because it is an important issue. He hopes the Council t~kes a very serious look at this inside, but he feels it would have helped to take a look at it from the outside. Bakersfield, California, May 25, 1988 - Page 16 Two vacancies on the Historic Preservation Commission due to the resignations of Commissioners Shirley McFadzean (term expires March 30, 1990) and Diane Sandidge (term expires March 30, 1989). Mayor Payne recommended Greg Minner to fill a vacancy on the Historic Preservation Commission. Upon a motion by appointed to the Historic March 30, 1990. Councilmember Childs, Greg Minner was Preservation Commission, term expiring Upon a motion by Councilmember Peterson, Alice Randall was appointed to the Historic Preservation Commission, term expiring March 30, 1989. COUNCIL STATEMENTS Discussion regarding Measure City of Bakersfield Charter Amendment Initiative. (Salvaggio and Smith). Councilmember Salvaggio spoke in opposition of Measure "D". He stated that a full-time Mayor with an Assistant, Administrative Aide, additional office space and furniture, and the development of a new council ward would be too excessive. Vice-Mayor Smith spoke in opposition of Measure "D". She stated that she has great respect for the office of Mayor but feels a full-time Mayor with the additional expenses is not a productive use of tax dollars. Measure "D" would establish an eight ward which would also incur additional costs. Mayor Payne spoke regarding Measure "D" and stated that the Office of Mayor already has an Administrative Aide, a car and the office. He feels that this issue is about the addi- tional eight ward and the salary for the Mayor and this is a decision to be made by each individual voter. Councilmember Childs spoke in opposition of Measure "D". He feels Councilmembers should also receive salaries. is in support of a full-time Mayor with a salary. He Councilmember McDermott supports the issue of a full- time Mayor with a salary but does not support Measure "D" because he does not feel an additional Council Ward is necessary. Councilmember DeMond spoke in opposition of Measure "D". She does not feel an addition Council Ward is necessary. Councilmember Ratty spoke in opposition of Measure "D" and the addition of an eighth Council Ward. Councilmember Peterson commented regarding Measure "D". Bakersfield, California, May 25, 1988 - Page 17 Cable problems in new developments. (Ratty). Councilmember Ratty stated that the Budget and Finance Committee will be discussing at their next meeting the problems plith Cable Companies in new tracts. He stated that new tracts now have two systems being installed, Cox and Warner Cable. This is presenting a problem because some of the developers only want one system. He wants the Council to be aware that the Committee is working on the problem. He also feels the Council should go on record as supporting the competitive nature for both systems. There is a memorandum stating that the Council has the right to direct cable companies to install cable boxes underground instead above-ground in the new tracts. They will also be discussing that issue. If anyone has any questions or comments he would like to hear them. Councilmember Ratty requested that the City Attorney distribute the memorandum regarding Cable Company issues to all the Councilmembers. Mayor Payne submitted a letter of Susan Weaver from the Planning Commission, April 17, 1990. resignation from term expiring Councilmember Smith submitted correspondence lrom Steve Nichols regarding a zone change at 6200 Auburn Oaks. She requested that this be placed on the June 22, 1988 Agenda. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Childs the meeting adjourned at 10:00 p.m. ~///~ Ei ~ MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California bz