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
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