HomeMy WebLinkAbout03/16/1988 MINUTES CCBakersfield, California, March 16, 1988
Minutes of the Special Meeting of the Council of the
City of Bakersfield, California, for the purpose of a Workshop,
held in the Basement Conference Room, Annex Building at 5:24
p.m., March 16, 1988.
The meeting was called to order by Mayor Payne.
City Clerk Williams called the roll as follows:
Present:
Absent:
Mayor Payne.
Councilmember
Councilmembers Childs,
Ratty,
Salvaggio
DeMond, Smith,
Peterson, McDermott
DISASTER PREPAREDNESS
Chief Needham briefed Council on procedures for
declaring emergency. Disaster Procedures Manual was handed out
to the Mayor and Council.
Mike Kelly, Deputy Fire Chief, advised Council on earth-
quake activity, specifically in California.
Tess Tiger, Captain, briefed Council on the Emergency
Preparation Drill held in 1987.
ADJOURNMENT
There being no further business to come before the
Council, the meeting was adjourned at 6:00 p.m.
ATTEST:
MAYOR of the City of Ba.k~rsfield, CA
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
bz
Bakersfield, California, March 16, 1988
Minutes of the Regular Meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers
City Hall at 7:00 p.m., March 16, 1988.
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The meeting was called to order by Mayor Payne followed
by a moment of silence 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, $alvaggio
PRESENTATION
Councilmember Childs presented certificates from the
City of Bakersfield "Because of You, Bakersfield is a Better
Place" to the Foothill High Trojans team.
Councilmember McDermott read a proclamation, proclaiming
the week of March 13-19, 1988, as Foothill High School Trojans'
Basketball Week.
PUBLIC STATEMENTS
Wayne Maxwell, 5004 Evanston Court, spoke regarding
animal control. Mr. Maxwell requested the Mayor send information
regarding the animal problem to Sacramento.
Frank Watts, 1204 Murdock, spoke regarding demolition of
dangerous buildings.
Beverly Burke, 1512 18th Street, spoke regarding
downtown beautification. Ms. Burke invited the Council to
participate in the dedication of the flower barrels for downtown.
HEARINGS
This is the time set for a continued
public hearing on Resolution of
Intention No. 1042 declaring its
intention to order the vacation of
9th Street between "H" and "Eye"
Streets and a portion of the alley
in Block 48 in the City of Bakersfield.
This hearing was continued from the meeting of February
24, 1988.
Correspondence has been received from Russell P. Lusk
and Associates, 814 "H" Street, dated March 10, 1988, and P.J.
Baker of P.J. Mobile Homes, 812 "H" Street, dated March 14, 1988,
in opposition to the proposed vacation of 9th Street.
Upon a motion by Councilmember Childs, continued public
hearing on Resolution of Intention No. 1042 declaring its inten-
tion to order the vacation of 9th Street between "H" and "Eye"
Streets and a portion of the alley in Block 48 in the City of
Bakersfield was referred to the Planning Commission.
Bakersfield, California, March 16, 1988 - page 2
This is the time set for protest hearing
before the Council for the purpose of
hearing any person owning real property
within, or any registered voter residing
within, territory designated as Berkshire
No. 2, proposed to be annexed to the
City of Bakersfield.
This hearing has been duly advertised, posted, and the
property owners notified as required by law.
Assistant City Manager Pulskamp provided an update.
Mayor Payne declared the protest hearing open for public
participation.
No protest or objections being received, Mayor Payne
closed the public portion of the hearing for Council deliberation
and action.
Upon a motion by Councilmember Salvaggio, further action
on the proposed Berkshire No. 2, annexation was continued to the
Council meeting of May 4, 1988.
This is the time set for protest hearing
before the Council for the purpose of
hearing any person owning real property
within, or any registered voter residing
within, territory designated as Buena
Vista No. 3, proposed to be annexed to
the City of Bakersfield.
This hearing has been duly advertised, posted, and the
property owners notified as required by law.
Assistant City Manager Pulskamp provided an update.
Mayor Payne declared the protest hearing open for public
participation.
No protest or objections being received, Mayor Payne
closed the public portion of the hearing for Council deliberation
and action.
Upon a motion by Councilmember Ratty, further action on
the proposed Buena Vista No. 3 annexation was continued to the
Council meeting of May 4, 1988.
REPORTS
Councilmember Salvaggio, Chairperson of the Water
Resources Committee, read Report No. 1-88 regarding the Kern
River Parkway "Community Concerns Report" as follows:
On September 30, 1987, the Council authorized the
hiring of Jones and Stokes Associates to prepare
the Environmental Impact Report and complimentary
Bakersfield, California, March 16, 1988 - page 3
documentation of the Kern River Parkway Plan
program. Phase I of the program was a detailed
biological inventory which has been completed.
Follow-up floral investigations are currently being
conducted and will be included with the Draft
Environmental Impact Report (EIR) when it is com-
pleted in late May.
Phase II, the Community Concerns Report, has been
received and is available for distribution. The
Community Concerns Report presents a summary of
significant community input, opinions and concerns
regarding the Conceptual Plan. These issues have
been identified by numerous community groups and
the residents at large. This report is based on
three public participation mechanisms: public
workshops, in-person interviews, and a newspaper
questionnaire. The findings of the workshops,
interviews, and newspaper questionnaire will aid in
further refining the Conceptual Plan.
The workshops, in-person interviews, and newspaper
questionnaire were intended to allow interested
persons to express their concerns and become
involved in the planning process. They were not
intended to represent a statistically valid sam-
pling of public opinion.
Private property owners within the Parkway were
also interviewed. The interviews were intended to
allow private property owners within the Parkway
boundaries to express their interest in establish-
ing easements to provide for a permanent equestrian
trial and to express their general concerns on the
Conceptual Plan.
The Community Concerns Report categorized the most
commonly raised issues into three categories.
ruses of the Parkway
°Assets of the Parkway
°Areas currently used for
community
recreation
Overall, the Community Concerns Report documents
support for the Kern River Parkway Plan concept.
The community generally feels that the river is a
major resource that is currently under-utilized and
contains significant values which should be pre-
served for future generations; has recreational,
aesthetic and biological potential and should be
managed to improve the image of Bakersfield.
More specific comments are diverse and indicate
substantial interest in managing the Parkway for a
blend of popular recreational and educational
pursuits.
Major concerns also include project funding, public
safety and potential land use conflicts. These
issues will be investigated as part of the EIR
process.
Bakersfield, California, March 16, 1988 page 4
Upon a motion by Councilmember Salvaggio, Water
Resources Committee Report No. 1-88 was accepted.
Legislative Committee Report No. 2-88 was deleted from
the agenda.
Councilmember Smith, Chairperson of the
Intergovernmental Relations Committee, read Report No. 5-88
regarding Funding County Landfill Operations as follows:
The Intergovernmental Relations Committee has met
several times with Kern County to discuss the issue
of funding their landfill operations. Kern County
has notified the cities that it is no longer able
to pay 100% of its landfill costs through their
general fund. They have determined it is necessary
for them to institute a user fee in the form of
gate (tipping) fees or land use fees to fund those
operations.
The county is asking the incorporated cities to
express a preference of either land use fees or
gate fees. To date, 8 of the 11 incorporated
cities have passed resolutions showing a preference
for the land use fee.
After the cities have expressed a preference, the
~oard of Supervisors will establish a fee based on
that preference and set a date for a public hearing
at which protests will be heard. All property own-
ers of the county will be notified by mail prior to
the imposition of the fee. If the land use fee
method is adopted, the fee will go into effect with
the 1988-89 fiscal year and would be $27.50 per
single family residence and amounts for other
improved parcels based on anticipated amount of
waste generated.
Because of the higher costs ($500,000), inequity of
fee, and the proliferation of illegal dumping
inherent to the gate fee method, it is the recom-
mendation of this committee, in that the Board of
Supervisors has determined it is necessary to
establish a user fee, that the Council adopt a res-
olution opposing the use of the gate fee method.
The Committee recommends acceptance of this report
and adoption of the resolution.
Upon a motion by Councilmember Smith, Intergovernmental
Relations Committee Report No. 5-88 was accepted.
Adoption of Resolution No. 38-88
of the Council of the City of
Bakersfield opposing implementation
of Gate (Tipping) Fees to Finance
Solid Waste Landfill Operations.
Upon a motion by Councilmember Smith, the recommenda-
tions of Intergovernmental Relations Committee Report No. 5-88
were implemented and Resolution No. 38-88 was adopted by the
following vote:
Ayes: Councilmembers Child, DeMond, Smith, Ratty,
McDermott, $alvaggio
Noes: None
Absent: None
Peterson,
42O
Bakersfield, California, March 16, 1988 - page 5
Councilmember Childs clarified his vote, stating that in
times like this when the County and City are faced with continued
rising costs; employee salary increases being at a low; and the
garbage fee increased to add another fee on the citizens of the
City and County, it does not seem to be the most proven manner to
balance the budget at this particular time. (For further clari-
fication by Councilmember Childs, see Page 6.)
Councilmember Childs read Budget and Finance Committee
Report No. 16-88 regarding Lease of former Corporation Yard to
Mid State Development Corporation for development of a Small
Business Incubator as follows:
Over the past two years, the Council has reviewed
favorably the efforts of Mid State Development
Corporation to develop a Small Business Incubator
for the City of Bakersfield. During this time,
Council has appropriated funds ($10,000) to Mid
State for a feasibility study of a Small Business
Incubator in Bakersfield. Additional funds
($5,000) were later allocated for Mid State to com-
plete a business plan, which will commence upon
Council approval of this project.
The idea of an incubator first surfaced as a
requirement for "enterprise zone" status in the
Southeast area. In exploring available sites for an
incubator, Mid State surveyed locations in this
area, none of which were either presently available
or large enough to be practical for a Small
Business Incubator operation. Rather than stop the
development of the incubator concept altogether,
Mid State has proposed going forward with the deve-
lopment of the former Corporation Yard site at 16th
and "S" Streets into an incubator. With only mod-
est renovation, Mid State feels the Yard is ideal
for a Small Business Incubator, able to house 35
individual small businesses and creating approxi-
mately the same number of jobs.
As previous information provided to the Council by
Mid State illustrates, Small Business Incubators
have proven to be successful in numerous cities
nationwide, providing environments for struggling
new businesses to become established, begin to cre-
ate new jobs, and assist in stabilizing local eco-
nomies. In addition, small businesses are
responsible for creating the vast majority of new
jobs in the U.S. annually and Small Business
Incubators have proven to substantially increase
the success rate of such small businesses.
Because of these positive factors, the Budget and
Finance Committee recommends that Council approve
this incubator development in concept and authorize
staff to negotiate terms for the lease of the for-
mer Corporation Yard with Mid State Development
Corporation, with final Council approval of the
lease terms. A further condition upon this appro-
val is that Mid State continue its efforts to deve-
lop an incubator site within the "enterprise zone"
area at the appropriate time and that renovation
work on the former Yard site be open to minority
contractors.
Bakersfield, California, March 16, 1988 - page 6
As a point of interest to the Council, this
Committee has requested the showing of a short,
3½ minute news item shown nationally on ABC,
highlighting a successful incubator operating
in the City of Akron, Ohio.
Upon a motion by Councilmember Childs Budget and Finance
Committee Report No. 16-88 was accepted.
Upon a motion by Councilmember Childs recommendations
the Budget and Finance Committee Report No. 16-88 were imple-
mented.
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Councilmember Childs further clarified his vote of the
Intergovernmental Relations Committee Report No. 5-88, stating he
supports the funding in concept, but he does not support the
additional fees placed upon the citizens.
Councilmember Ratty, Chairperson of the Budget and
Finance Committee, read Report No. 17-88 regarding Agreement with
Kern Refuse Disposal, Incorporated as follows:
Last July, Kern Refuse Disposal, Inc. submitted a
request to amend their contract with the City of
Bakersfield. Since that time, the Budget and
Finance Committee and staff have met with Kern
Refuse Disposal, Inc. and have reached agreement on
a new contract.
The basic points of the new contract are:
Continuation of the method of using the change
in the Consumer Price Index to set the resi-
dential and commercial service fee paid the
contractor. The contract establishes a 6%
cap.
2. The term of the agreement will be 10 years.
3. The notification period for cancellation of
the contract was extended from two years to
three and one-half years, to provide for
financing of capital equipment.
A penalty equal to double the costs incurred
by the City for incidences of failure to per-
form by the contractor.
Clarifies language with regard to a 50-50
split for services provided between the City
and the contractor in newly developed areas of
the City.
The new agreement increases the limits of lia-
bility insurance requirements for the contrac-
tor to $1,000,000 to be consistent with other
City agreements.
Clarifies minor language changes, such as
changing all references of the Public Works
Director and Department to the Community
Services Manager and Department.
Bakersfield, California, March 16, 1988 - page 7
This Committee recommends the City Council receive
this report, and approve the agreement, and author-
ize the Mayor to execute the agreement.
Upon a motion by Councilmember Ratty, Budget and Finance
Committee Report No. 17-88 was accepted.
Approval of Agreement No. 88-56
Refuse Collection Agreement
Upon a motion by Councilmember Ratty, recommendations
of the Budget and Finance Committee Report No. 17-88 were
implemented and Agreement No. 88-56 was approved and the Mayor
authorized to execute the agreement.
Budget and Finance Committee Report No. 18-88 was
deleted from the Agenda.
Councilmember McDermott read Budget and Finance
Committee Report No. 19-88 regarding Request by Wayne Maxwell
Regarding Leash Law as follows:
The City received a request from Mr. Wayne Maxwell
regarding changing the City's leash law which was
referred to the Budget and Finance Committee for
review.
The Committee reviewed his request with City staff
and the $.P.C.A. who administers the City's animal
control program. It was determined, based upon
opinions from both the County Counsel and the City
Attorney's Office, that the State Government Code
regarding animal control prohibits the change
requested by Mr. Maxwell and no city or county code
could be made to overrule the State Government
Code.
Therefore, this Committee recommends that no action
be taken at this time and that the City Manager
write to Mr. Maxwell and inform him that the City
can take no action on this matter.
Upon a motion by Councilmember McDermott, Budget and
Finance Committee Report No. 19-88 was accepted.
Upon a motion by Councilmember McDermott recommendations
of the Budget and Finance Committee Report No. 19-88 were imple-
mented.
Staff was asked to write a brief synopsis regarding the
leash law, and to forward to state legislatures.
Councilmember Ratty, Chairperson of the Budget and
Finance Committee, read Report No. 20-88 regarding a resolution
of the City Council of the City of Bakersfield amending
Resolution No. 11-88 confirming the assessment of costs for
Demolition of Dangerous Buildings as follows:
The Budget and Finance Committee met on February
24, 1988 to review the specific requests of two
property owners concerning the subject matter. The
City Council at their meeting of February 17, 1988
Bakersfield, California, March i6, 1988 - page 8
deleted these two parcels when they adopted
Resolution #11-88 confirming the assessment of
costs for demolition of dangerous buildings.
Staff has contacted these two property owners and
addressed their concerns satisfactorily.
Therefore, this Committee recommends adoption of
the resolution which will confirm the assessment of
demolition costs for these two parcels.
Upon a motion by Councilmember Ratty, Budget and Finance
Committee Report No. 20-88 was accepted.
Adoption of Resolution No. 39-88 of
the Council of the City of Bakersfield
amending Resolution No. 11-88 confirming
the Report of the Building Director
regarding assessments of certain
properties in the City of Bakersfield
for demolition of dangerous buildings.
Councilmember Ratty made a motion to implement the
recommendations of Budget and Finance Committee Report No. 20-88
and adopt Resolution No. 39-88.
Upon a motion by Councilmember Childs, Frank Watts, 1204
Murdock, was recognized to speak.
The motion made by Councilmember Ratty, to implement the
recommendations of the Budget and Finance Committee Report No.
20-88 and adopt Resolution No. 39-88 was approved by the follow-
ing vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, DeMond, Smith, Ratty,
McDermott, Salvaggio
None
None
Peterson
Councilmember Peterson read Report No. 1-88 from the
Litigation Committee regarding Staffing of City Attorney's Office
for Litigation as follows:
As of January 1, 1988, the Kern County Superior
Court began operating under fast-track procedures
(A.B. 3300) intended to bring to trial within 12
months each civil suit filed this year and to bring
to trial within the same period as many older cases
as the court system can accommodate. These proce-
dures were adopted in large part in response to a
system which typically required five years to get
civil cases to trial.
The AB 3300 procedures set mandatory time limits
which do not allow any flexibility to respond to
the complexity of a particular suit, the workload
of counsel, or the convenience of witnesses.
Failure to meet deadlines will result in mandatory
$150 fines. In addition, the court may dismiss a
plaintiff's action or eliminate a defendant's
defense. The latter action may allow a plaintiff
to win regardless of the merits of a suit.
Bakersfield, California, March 16, 1988 - page 9
A letter from Superior Court Judge Arthur Wallace,
concerning the impact of AB 3300 procedures on law
office operations, is attached.
LITIGATION SECRETARY
The number of secretary positions in the City
Attorney's Office has not increased since 1980.
(There are and have been three such positions.)
During that time not only has the City's population
grown by 53,000, but the City has also elected to
defend most lawsuits with in-house staff, without
taking steps to staff for such program.
The City's personnel system has no job classifica-
tion of Litigation Secretary. In the recent past,
that office has gotten by with hiring from the list
for Secretary and making do, despite the fact that
no law office or litigation secretarial experience
is required for the classification of Secretary and
the office has been required to hire from the top
three positions on the Secretary list, regardless
of the law office inexperience of the top three
candidates.
While the City Attorney's Office has managed under
such an arrangement in the past, it is clear that
the Office now has an immediate need for two quali-
fied litigation secretaries. (One vacant Secretary
position in the office has been filled by a tempo-
rary employee who is a qualified Litigation
Secretary.)
ADDITIONAL LITIGATOR
The demands of AB 3300 require that the number of
in-house litigators be supplemented immediately.
The City's three litigators each has significant
responsibilities for non-litigation, municipal law
matters. This situation will be partially resolved
when the office is able to fill the vacant position
in it's municipal law section. However, since it's
likely that the City Attorney's Office will have
more cases set for trial in 1988 (at least 10) than
it has tried in the last ten years, reassignment of
duties will only partially improve the situation.
An additional litigator is needed now.
OTHER
The City Attorney's Office will be proposing office
automation, creation of a Legal Assistant classifi-
cation, reclassification of other positions in the
City Attorney's Office, and a career position for
City Attorney Investigator, the last matter requir-
ing an amendment to existing state law. These mat-
ters will be brought to the Council prior to or
during the upcoming budget proceedings.
Sufficient salary savings are available in the City
Attorney's budget to cover the costs of the addi-
tional attorney position and the secretarial posi-
tion proposed.
Bakersfield, California, March 16, 1988 - page 10
These matters call for action of the Council at the
earliest possible time.
Based on the above, it is the recommendation of the
Committee that:
1. The Council refer to the Personnel Committee
consideration of creation of a Litigation Secretary
classification, and the reclassification of a
Secretary II position in the City Attorney,s Office
to Litigation Secretary, and that the Committee
report back on this matter within two weeks;
2. The Council refer to the Budget and Finance
Committee consideration of budgeting for an addi-
tional staff attorney position (Assistant City
Attorney) and an additional Litigation Secretary
position (and the financing of the proposed related
reclassification of one position from Secretary II
to Litigation Secretary) for the City Attor~e¥,s
Office, to be dedicated full-time to litigation,
and that the Committee report back on this matter
within two weeks.
Upon a motion by Councilmember Peterson, Litigation
Committee Report No. 1-88 was accepted.
Councilmember Peterson made a motion to implement the
recommendations of Litigation Committee Report No. 1-88.
Councilmember McDermott made a substitute motion to
amend Report 1-88 to extend the time for a report back from
the Budget and Finance Committee from two weeks to one month.
Upon a motion by Councilmember Childs, the call for the
question on the substitute motion was approved.
Mayor Payne restated Councilmember McDermott,s substi-
tute motion to implement recommendations in the report, however,
on Recommendation No. 2, the time for the committee to report
back be extended from two weeks to one month. This motion was
approved.
The following
CONSENT CALENDAR
items were listed on the Consent Calendar:
Approval of Warrant Nos. 6008 to 6388
inclusive, in the amount of $1,869,236.
Communication from Jay Bingham, Financial
Analyst for Business Development Centers, 218
South "H" Street, Suite 103, dated February
29, 1988, submitting a Community Development
Block Grant loan proposal for Cornelio T. and
Robert Salas. (RECEIVE AND REFER TO BUDGET
AND FINANCE COMMITTEE)
Bakersfield, California, March 16, 1988 - page 11
Communication from Arthur Watson,
Administrator for the Salvation Army, 200
Nineteenth Street, dated March 2, 1988,
requesting the vacation of the alley in blocks
220 and 221 in the Godey Tract from "V" Street
to Union Ave. (RECEIVE AND REFER TO PUBLIC
WORKS)
Communication from Shirley McFadzean,
Chairperson for the Historic Preservation
Commission, dated February 26, 1988, recom-
mending the approval of the Historic Resources
Component of the Bakersfield 2010 General
Plan. (RECEIVE AND REFER TO PLANNING
DIVISION)
Communication from Larry C. Jamison,
Superintendent, General Services, dated
February 24, 1988, regarding the disposal of
two surplus Fire Stations. (RECEIVE AND REFER
TO BUDGET AND FINANCE COMMITTEE)
Communication from James R. Parker Jr., of the
Law Offices of Kuhs & Parker, 1200 Truxtun
Avenue, dated March 1, 1988, requesting accep-
tance of three Separation of Grade Projects
into the City's street system. (RECEIVE AND
REFER TO BUDGET AND FINANCE COMMITTEE)
Communication to the City Council from
Assistant to the City Manager regarding
Amendment to the Fiscal Year 1987-88 Oper-
ating, Capital Improvements and Central
District Development Agency Budgets. (REFER
TO BUDGET AND FINANCE COMMITTEE)
Claim for Damages and Personal Injuries from
the following:
3.
4.
5.
6.
7.
Juanita Garcia, 5100 Ming Avenue,
Apartment E22;
Robert D. McKinnon, Jr., 5100 Ming
Avenue, Apartment E22;
Kathy Wennihan, 2001 Sandy Lane;
Pacific Gas and Electric, 1918 H Street;
Dena Genay Cott~ell, 1308 Monterey
Street;
Patricia L. Thorp, 4516 Coronado Avenue,
and
Ronald Sprague, c/o 1055 Wilshire
Boulevard, Suite 1702, Los Angeles;
(REFER TO CITY ATTORNEY)
Dedication of Properties:
Street Right-of-Way Deed from Mosesian
Development, located east of Union Avenue
and north of east California Avenue.
Street Right-of-Way Deed from Calvary
Chapel of Bakersfield, Inc., for a por-
tion of Via Iglesia, located south of
White Lane and east of Buena Vista Road.
Bakersfield, California, March 16, 1988 - page 12
j o
o
Line-of-Sight Easement, located at the
southwest corner of Brundage Lane and
Washington Avenue from Paul W. Prudler,
and Susan R. Prudler, Russell Porter,
Esther Porter and Rodney B. Johnson.
Quitclaim Deeds (2) from the County of
Kern to the City of Bakersfield for the
drainage basin located south of Valley
Plaza on Wible Road and another drainage
basin on the west side of Madison Avenue
at Brook Street.
Map and Improvement Agreements:
Final Parcel Map 8267 for ten (10) par-
cels on 98.36 acres located North of
Bernard Street and West of Oswell
Street (East Bakersfield Associates).
Final Map and Improvement Agreement No.
88-57 for Tract 4862 for 54 lots on 10.33
acres located South of White Lane and
East of Buena Vista Road (Buena Vista
Development).
Final Map and Improvement Agreements No.
88-58 and 88-59 for Tract 4988 for 19
lots on 5.62 acres located South of White
Lane and East of Buena Vista Road (Buena
Vista Development).
Notices of Completion and Acceptance of Work
for the following projects:
Constructing Mohawk/Truxtun Water Main
Extension and Landscaping Water Main,
Contract No. 88-16 was completed on March
1, 1988.
Furnish and install deep well turbine
pump and motor for Ashe Water Well No.
20, Contract No. 88-04 was completed on
March 1, 1988.
Median Modifications on Ming Avenue at
Akers Road and at Lymric Way, Contract
No. 87-288 was completed on March 1,
1988.
Approval of plans and specifications for the
following:
Resurfacing Espee Street between Union
Avenue and 500' west of Union Avenue and
"N" Street, between Truxtun Avenue and
21st Street and construction of an
asphalt concrete dike on Rancheria Road
north of the Kern River.
2. Construction on Wible Road between Auto
Mall Drive and Panama Lane.
Bakersfield, California, March 16, 1988 - page 13
Resurfacing of Truxtun Avenue from 900'
west of A.T. & S.F. Railroad to Oak
Street.
Contract Change Order No. 2 - Wastewater
Treatment Plant No. 2, Repair of Primary
Digester No. 2, City Contract No. 87-178.
Ditch Eradication Agreement No. 88-60 and
Pipeline Easement between Southwest Contracts,
Inc. and City of Bakersfield.
Agreements to provide recreational activities
from the following individuals:
1. Agreement No. 88-61 with Leslie Malofy
Stained Glass;
2. Agreement No. 88-62 with Lyn Dahm
Dog Obedience;
3. Agreement No. 88-63 with Marc Thurston
Tennis;
4. Agreement No. 88-64 with Rosalie Pelham
Embroidery; and
5. Agreement No. 88-65 with Marcia Bryant
- Art.
Award annual Contract No. 88-66 for paint and
supplies to Sequoia Paint Company in the
amount of $3,900.80, reject the other bids and
authorize the Mayor to execute the contract.
qJ
Accept low bid from Bomar Tree Service in the
amount of $4,668.00 for tree pruning service
and reject all other bids.
Accept low bid from Kern Turf Supply in the
amount of $6,597.12 for a riding lawnmower and
reject all other bids.
Accept low bid from Berchtold Equipment
Company in the amount of $6,228.56 for a
backhoe trailer and reject all other bids.
t o
Accept low bids from P.E. O'Hair Co.
($12,838.78) and Clow Corporation ($6,200.00)
for fire hydrant burys and extensions and
reject all other bids.
Accept low bid from Nu-Ease, Inc. in the
amount of $7,254.70 for Trash Receptacles and
reject all other bids.
Upon a motion by Councilmember Childs, Items a, b, c, d,
e, f, g, h, i, j, k, 1, m, n, o, p, q, r, s, t, and u of the
Consent Calendar were adopted with corrections to Items b and d,
by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, DeMond, Smith, Ratty,
McDermott, $alvaggio
None
None
Peterson,
Bakersfield, California, March 16, 1988 - page 14
ACTION ON BIDS
Councilmember Smith made a motion to accept low bid from
A-C Electric in the amount of $85,608.00, reject all other bids
and authorized the Mayor to execute Agreement No. 88-67.
Upon a motion by Councilmember Childs, Henry Owen
McCarthy, 3101 Oak Ridge Drive was recognized to speak for
minute.
one
Mr. McCarthy spoke regarding the need for traffic
signals at Auburn and Fairfax.
Councilmember Peterson requested a report from staff on
how priorities are established for deciding on locations for
traffic signals.
Councilmember Smith's motion to accept the low bid
from A-C Electric in the amount of $85,608.00 was accepted,
other bids rejected and the Mayor was authorized to execute
Agreement No. 88-67.
all
Upon a motion By Councilmember DeMond, low bid from A-C
Electric in the amount of $76,358.00 for the Base Bid was
accepted, all other bids rejected and the Mayor was authorized to
execute Contract No. 88-68.
Upon a motion by Councilmember McDermott, low bid from
Tescon, Inc. in the amount of $89,513.00 was accepted, all other
bids rejected and the Mayor was authorized to execute Contract
No. 88-69.
Upon a motion by Councilmember Ratty, low bid from
Arthur & Orum Well Drilling in the amount of $167,406.00 was
accepted, all other bids rejected and the Mayor was authorized to
execute Contract No. 88-70.
Adoption of Resolution No. 40-88 of
the Council of the City of Bakersfield
determining that certain construction
work can be reasonably obtained from
only one vendor, Micon, and authorizing
the Finance Director to dispense with
bidding therefor, not to exceed
$81,574.00 and authorize the Mayor to
execute the Contract..
Agreement No. 88-71 with MICON (Contronics)
for relocation of De-Rancho-Y-Mobile Home
Park Facilities adjacent to Wible Road and
installation of masonry wall in Tract 4615.
Upon a motion by Councilmember McDermott, Resolution No.
40-88 of the Council of the City of Bakersfield was adopted and
Agreement No. 88-71 was approved by the following vote:
Ayes: Councilmembers Smith, DeMond, Ratty, Peterson,
Noes: Councilmembers Childs, $alvaggio
Absent: None
McDermott
Bakersfield, California, March 16, 1988 - page 15
DEFERRED BUSINESS
Adoption of Ordinance No. 3151 of the
Council of the City of Bakersfield
amending Ward Boundaries.
This Ordinance was given first reading at the March 2,
1988 meeting.
Upon a motion by Councilmember Ratty, Ordinance No. 3151
of the Council of the City of Bakersfield was adopted by the fol-
lowing vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, DeMond, Smith,
McDermott, Salvaggio
None
None
Ratty, Peterson
March 2,
Adoption of Ordinance No. 3152 of the
City Council of the City of Bakersfield
Amending Section 3.60.030 of the
Bakersfield Municipal Code, Relating
to the Financing of Health Facilities.
This Ordinance was given first reading at the meeting of
1988.
Upon a motion by Councilmember DeMond, Ordinance No.
3152 of the Council of the City of Bakersfield was adopted by the
following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, DeMond, Smith,
McDermott, Salvaggio
None
None
Ratty, Peterson
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 16.24.040 and
16.24.050 of the Bakersfield
Municipal Code relating to vesting
tentative maps.
Adoption of Resolution No. 41-88 of
the Council of the City of Bakersfield
specifying that, unless excluded by
the City Council, all portions of the
proposed Berkshire No. 1 Annexation
shall upon annexation to the City of
Bakersfield be included within the
Greater Bakersfield Separation of
Grade District, and setting hearing
for objections thereto.
This resolution sets the date of hearing for April 27,
1988.
Bakersfield, California, March 16, 1988 - page 16
Upon a motion by Councilmember Salvaggio, Resolution No.
41-88 of the Council of the City of Bakersfield was adopted by
the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, DeMond, Smith,
McDermott, Salvaggio
None
None
Ratty, Peterson
1988.
Adoption of Resolution No. 42-88 of the
Council of the City of Bakersfield
specifying that, unless excluded by the
City Council, all portions of the proposed
Berkshire No. 2 Annexation shall, upon
annexation to the City of Bakersfield, be
included within the Greater Bakersfield
Separation of Grade District, and setting
hearing for objections thereto.
This resolution sets the date of hearing for May 4,
Upon a motion by Councilmember Salvaggio, Resolution No.
42-88 of the Council of the City of Bakersfield was adopted by
the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, DeMond, Smith,
McDermott, Salvaggio
None
None
Ratty, Peterson
1988.
Adoption of Resolution No. 43-88 of
the Council of the City of Bakersfield
specifying that, unless excluded by
the City Council, all portions of the
proposed Oswell No. 6 Annexation shall,
upon annexation to the City of
Bakersfield, be included within the
Greater Bakersfield Separation of Grade
District, and setting hearing for
objections thereto.
This resolution sets the date of hearing for May 4,
Upon a motion by Councilmember DeMond, Resolution No.
43-88 of the Council of the City of Bakersfield was adopted by
the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, DeMond, Smith,
McDermott, $alvaggio
None
None
Ratty, Peterson
Adoption of Resolution No. 44-88 of
the Council of the City of Bakersfield
specifying that, unless excluded by the
City Council, all portions of the
proposed Buena Vista No. 3 Annexation
shall, upon annexation to the City of
Bakersfield, be included within the
Greater Bakersfield Separation of Grade
District, and setting hearing for
objections thereto.
4?,2
Bakersfield, California, March 16, 1988 - page 17
This resolution sets the date of hearing for May 4,
1988.
Upon a motion by Councilmember Ratty, Resolution No.
44-88 of the Council of the City of Bakersfield was adopted by
the following vote:
Ayes: Councilmembers Childs, DeMond, Smith,
McDermott, Salvaggio
Noes: None
Absent: None
Ratty, Peterson
Adoption of Resolution of Application
No. 45-88 of the Council of the City
of Bakersfield proposing proceedings
for annexation of territory to the
City of Bakersfield identified as
Annexation No. 324 (Oswell No. 7
Annexation).
Upon a motion by Councilmember Peterson, Resolution of
Application No. 45-88 Of the Council of the City of Bakersfield
was adopted by the following vote:
Ayes:
Noes:
Absent:
Councilmembers DeMond, Smith, Ratty, Peterson,
McDermott, Salvaggio
Councilmember Childs
None
Councilmember Childs clarified his vote stating he is in
support of annexing property to the City, however, he is not
particularly in opposition to this annexation except for the
aforementioned usage request.
Adoption of Resolution of Application
No. 46-88 of the Council of the City
of Bakersfield proposing proceedings
for annexation of territory to the
City of Bakersfield identified as
Annexation No. 322 (Calloway No. 1
Annexation).
Upon a motion by Councilmember Ratty, Resolution of
Application No. 46-88 of the Council of the City of Bakersfield
was adopted by the following vote:
Ayes: Councilmembers Childs, DeMond, Smith,
McDermott, Salvaggio
Noes: None
Absent: None
Ratty, Peterson,
Agreement No. 88-72 with Mr. and Mrs.
Marvin Forman for acquisition of
right-of-way for widening Wible Road
north of Panama Lane.
Upon a motion by Councilmember McDermott, Agreement No.
88-72, appropriation of $150,000 Developer share of project cost
within the Capital Outlay Fund was approved and the Mayor was
authorized to execute the Agreement by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, DeMond, Smith, Ratty,
McDermott, Salvaggio
None
None
Peterson
Bakersfield, California, March 16, 1988 - page 18 * ~ ~
Amendment to Joint Powers Agreement
Establishing Kern County Council
of Governments.
Upon a motion by Councilmember $alvaggio, the agreement
was referred to Legislative Committee.
Airport Layout Plan (ALP) for the
Bakersfield Municipal Airpark.
Upon a motion by Councilmember Salvaggio, Airport Layout
Plan (ALP) was approved and staff directed to submit ALP to the
Federal Aviation Administration for formal review and approval.
Three (3) expirations of term on
the Historic Preservation Commission,
terms expiring March 30, 1988.
Upon a motion by Councilmember Salvaggio, Dr. John
Almklov was reappointed to serve on the Historic Preservation
Commission effective March 30, 1988, term expiring March 30,
1991.
Upon a motion by Councilmember Childs, Bruce Keith was
reappointed to serve on the Historic Preservation Commission
effective March 30, 1988, term expiring March 30, 1991.
One (1) expiration of term on the
Planning Commission, term expiring
April 17, 1988.
Upon a motion by Councilmember Smith, Teri Bjorn was
reappointed to serve on the Planning Commission effective
April 17, 1988, term expiring April 17, 1992.
COUNCIL STATEMENTS
Selecting City Manager (Ratty).
Councilmember Ratty asked for the status of recruitment
of a City Manager.
Councilmember Childs stated that the Personnel Committee
is working on this issue and will be discussing it at their next
meeting. The Committee will possibly set a date immediately to
report to the full Council to address some of the Council con-
cerns.
Bakersfield, California, March 16, 1988 - page 19
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Childs, the meeting
adjourned at 8:50 p.m.
MAYOR of the City of Ba~fersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
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