HomeMy WebLinkAbout05/11/1988 MINUTES CCBakersfield, California, May 11, 1988
Minutes of the Regular Meeting ot the Council ot the
City of Bakersfield, California, held in the Council Chambers ot
City Hall at 7:00 p.m., May 11, 1988.
The meeting was called
by the Pledge ot Allegiance and
Williams, Member ot the Board of
Church.
to order by Mayor Payne followed
Invocation by Mr. Richard
Deacons, First Assembly of God
City Clerk Williams called the roll as follows:
Present:
Absent:
Councilmembers Childs, DeMond, Smith, Ratty,
McDermott, Salvagglo
None
Peterson,
PRESENTATION
Pauline Larwood, Kern County Board ot Supervisors, spoke
regarding Ballot Measures A & C (Amendment to Kern County General
Plan - Solid Waste Disposal Facility Sztes).
Supervisor Larwood stated that the China Grade Land£111
Facility will be tilled in approximately 18 months. Based on
surveys and studies done by the County, the Board ot Supervisors
has decided to support the site referred to as the Bena Site for
the new solid waste facility. She also stated that this site has
a 65 year life, it is readily accessible and cost effective.
Supervisor Larwood requested that the City join the County, the
Building Industry Association, Citizens for Effective Local
Government, the Greater Bakersfield Chamber ot Commerce, Kern
Tax, and S.E.I.U., by taking a position to endorse "No" on
Measure A and "Yes" on Measure C".
Upon a motion by Councilmember Childs, Ron Ruettgers was
recognized to speak.
Ron Ruettgers, representative ot Citizens for Economic
Landfills, requested the Council delay any action on Waste
Disposal sites to the Council meeting ot May 25.
Councilmember Ratty made a motion to hear both szdes ot
this issue at this meeting.
Mayor Payne restated the motion to allow those with an
opposing view to address the Council. The motion was approved.
Ron Ruettgers stated that the Committee for Economical
Landfill firmly believes that there is a need for a landfill
disposal site for the Bakersfield area, but does not agree with
the County's decision for the Bena Site. He stated that the
transportation costs are 90 percent o~ the total cost to the tax-
payers. The Bena Site is 4.6 million dollars more expensive on
an annual Dasls for all transportation costs than other sites
studied. He requested that the Council give further considera-
tion and allow the Committee to give the Council information for
proper consideration of this matter.
Upon a motion by Councilme~nber Childs, Council suspended
with the regular procedures for Public Statements relative to the
matter being addressed at this time.
Bakersfield, California, May 11, 1988 - Page 2
Upon a motion by Councilmember Childs, Mr. Bovee was
recognized to speak.
Mr. Bob Bovee, member of the County Solid Waste Advisory
Committee and representative ot the Bakersfield Private
Enterprise Haulers, stated that the private haulers were con-
cerned with the length of time it takes to get to the proposed
disposal site.
Councilmember McDermott made a motion to consider this
as an item that needs Council action at this meeting.
Councilmember McDermott made a motion to adopt a
Resolution of the Council o~ the City of Bakersfield supporting
"No" on Measure A, and "Yes" on Measure C to permit the develop-
ment of a Bakersfield Area Garbage Dump.
City Attorney Saalfield restated Councilmember
McDermott's first motion, "that the necessity to take action on
the resolution before the Council has arisen since the time the
agenda was posted".
Councilmember McDermott's motion to consider this as an
item that needs Council action at this meeting was approved.
Adoption of Resolution No. 66-88 ot
the Council of the City of Bakersfield
supporting "No" on Measure A and "Yes"
on Measure C to permit the development
of a Bakers£ield area garbage dump.
Upon a motion by Councilmember McDermott, Resolution No.
66-88 ot the Council ot the City of Bakersfield was approved by
the tollowing vote:
Ayes: Councilmembers Childs, DeMond, Smith,
McDermott, Salvaggio
Noes: None
Absent: None
Ratty, Peterson,
PUBLIC STATEMENTS
Jane Warren, Prevention Coordinator of Kern Regional
Center, 501 40th Street, spoke regarding posting of "drinking
alcoholic beverages during pregnancy" warning signs. Ms. Warren
stated that fetal alcohol syndrome is the third leading cause ot
mental retardation and it is 100% preventable. She urged the
Council to adopt the ordinance requiring the posting of warning
signs.
Michael Clark, Director of Kern Regional Center, 7809
Avenida Derecho, thanked the Council for considering the adoption
of an ordinance requiring the posting of alcohol warning signs,
and feels this is a very positive step for the Council to take.
Upon a motion by Councilmember Peterson, Deterred
Business Item 11. b. was moved forward to Public Statements.
Bakersfield, California, May 11, 1988 Page 3
Adoption of Ordinance No. 3158 ot the
Council of the City of Bakersfield
adding Chapter 5.62 to Title Five of
the Bakersfield Municipal Code relating
to Alcoholic Beverage Warning Signs.
This Ordinance was given first reading at the meeting of
April 27, 1988.
Upon a motion
3158 ot the Council of
the following vote:
by Councilmember Peterson, Ordinance No.
the City ot Bakersfield was approved by
Ayes: Councilmembers Childs, DeMond, Smith, Ratty,
McDermott, Salvagglo
Noes: None
Absent: None
Peterson
Councilmember Childs clarified his vote stating that he
supports the ordinance, but feels the business owners, taxpayers,
should have been given the opportunity to respond and show their
cooperation.
Agnes Frank Truman, 1100 Union Avenue, spoke against
homosexuality.
Mayor Payne read a Proclamation proclaiming the week ot
May 15-21, 1988 as National Public Works Week. Mayor Payne pre-
sented the Proclamation to the City Manager, Dale Hawley.
REPORTS
Upon the request ot Councilmember Demond, Legislative
Committee Report No. 3-88 regarding Amendment to Joint Powers
Agreement Establishing Kern County Council ot Governments was
deferred to the meeting of May 18, 1988.
CouncilmemOer McDermott read Budget and Finance
Committee Report No. 25-88 regarding City Manager's Contract as
follows:
The City Council referred the matter ot
negotiating a contract with Dale Hawley to
the Budget and Finance Committee. We have
met with Mr. Hawley and his representative
to discuss the terms of this agreement.
The agreement represents the results ot
these negotiations.
Therefore, it 1s recommended
Council approve the contract
the Mayor to execute.
that the City
and authorize
Upon a motion by Counczfmember McDermott, Budget and
Finance Committee Report NO. 25-88 was accepted.
Approval of Agreement NO. 88-119
with J. Dale Hawley to perform
duties and functions as City Manager.
Bakersfield, California, May 11, 1988 - Page 4
Upon a motion by Councilmember McDermott, recommenda-
tions ot Budget and Finance Committee Report No. 25-88 were
implemented, and Agreement No. 88-119 was approved.
Councilmember Ratty, Chairperson of the Budget and
Finance Committee, read Report No. 26-88 regarding Request to
Accept Three Separation ot Grade Projects into the City's Street
System as follows:
The City Council received a request from the
Greater BaKersfield Separation of Grade
District to accept three separation ot grade
projects constructed between 1959 and 1961,
namely, the Truxtun Overcrossing of Union
Avenue, the Beale Overcrossing of the Southern
Pacific, and the Chester Underpass beneath the
main line ot the Atchison, Topeka & Santa Fe
Railroad. The District further requested the
termination o~ Agreement No. 60-60, entitled
"Agreement Regarding Maintenance of Truxtun
and Beale Overcrossings." These items were
re~erred to the Budget and F~nance Committee
to review.
We have met with representatives ~rom the
Separation of Grade District and with Public
Works Department staff to discuss this request.
It was pointed out that it is in the City's
interest to accept these structures so the
limited tunds available to the Separation of
Grade Distrzct can be used to develop additional
grade separations rather than fund ongoing
maintenance. It was noted that the City
currently maintains several other separation of
grade projects which were developed and
constructed Oy the DistrJ. ct, namely, Chester
Avenue at the Southern Pacific, and Union Avenue
at the Southern Pacific.
Therefore, the Committee recommends the Council
terminate Agreement No. 60-60 and accept and
authorize the Mayor to execute the agreement
transferring the three separatlon ot grade
projects to the City.
Upon a motion by Councilmember Ratty, Budget and
Committee Report No. 26-88 was accepted.
Finance
Approval of Agreement No. 88-120
with Greater Bakersfield Separation
ot Grade Dzstr~ct, transferring
Separation of Grade Projects.
Upon a motion by Councilmember Ratty, recommendations of
Budget and Finance Committee Report No. 26-88 were implemented,
and Agreement No. 88-120 was approved.
Bakersfield, California, May 11, 1988 - Page 5
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
Approval ot Warrant Nos. 7732 to 8133
inclusive, in the amount ot $1,931,456.85.
Communication from Bakersfield Community
Hospital, 901 Olive Drive, dated April 29,
1988, requesting formation of an assessment
district £or a Mello-Roos bond program for
a hospital complex located at the southwest
corner ot Brimhall and Coggee Road. (RECEIVED
AND REFERRED TO PUBLIC WORKS DEPARTMENT)
Communication from Bakersfield Society for the
Prevention ot Cruelty to Animals, 6851 Edison
Highway, dated May 4, 1988, submitting the
proposed budget for Fiscal Year July 1, 1988 -
June 30, 1989 and s~bmltting a budget request to
amend the current fiscal year budget. (RECEIVED
AND REFERRED TO BUDGET AND FINANCE COMMITTEE)
Communication to Councilmember Smith from Watson
Company, 2114 F Street, dated April 21, 1988,
o~erlng to sell property located north ot
Panorama Drive between Fairfax Road and Morning
Dr~ve to be used as a pare szte. (RECEIVED AND
REFERRED TO URBAN DEVELOPMENT COMMITTEE)
Claim for Damages and Personal Injuries from the
fiollow~ng:
Carolyn Newman, 2805 Oswell Street;
Jetgrey W. Johns, 270? Driller Avenue; and
Bernece L. Morgan, Route 4, Box 590,
California Hot Springs.
(REFER TO CITY ATTORNEY)
f. Dedzcatlon ot Propeut~es:
Irrevocable Ot~er of Street Dedication from
Kern College Land Company for a portion oK
Buena Vista Road between White Lane and
Pacbeco Road.
Street R~ght-o~-Way Deed for portions of
Hageman Road, Calloway Drive, Abbott Drive,
Meacham Road, and three Grant Deeds for two
well sites and a drainage basin from
Clifford E. Bressler.
Right-of-Way Easement to Pacific Gas & Electric
Company for power lines which will serve a C~ty
water extractzon deepwell w~th~n the City's
2800 Acre Groundwater Recharge Facility.
Bakersfield, California, May 11, 1988 - Page 6
Maps and Improvement Agreements
Final Maps and Improvement Agreement
Nos. 88-121 and 88-122 ~or Tract 5033,
Phase 1, for 11 lots on 3.80 acres and
Improvement Agreement Nos. 88-123 and
88-124 ~or Tract 5034, Phase 1, for 47
lots on 11.42 acres located east ot
Calloway Drive and south ot Hageman
Road. (DENNIS W. DEWALT, INC.)
Notice o~ Completion and Acceptance o~ Work
~or Tract No. 4708, located at or near
Stockdale Highway and Renfro Road, Contract
No. 87-51, was completed on April 27, 1988.
Approval o~ plans and speciticatlons ~or the
~ollowing:
Construction of the Administration
Building at Wastewater Treatment Plant
No. 3.
Trattlc signal system on Gostord Road
at Whlte Lane.
3 o
Traktic signal system on Brundage Lane
at Mt. Vernon Avenue.
4. Construction ot the "H" Street Underpass
at A.T.& S.F. Railroad.
Agreement No. 88-125 with William Canessa
for field inspection services for the
pavement recycling and resurfaclng o~ White
Lane, Ming Avenue, Ashe Road and Brundage
Lane.
Contract Change Order No. 1, Relocatlon of
De Rancho Y Mobllehome Park Facilities
adjacent to WiDle Road, Contract No. 88-71.
Downtown Improvement District (DID) Budget
tot Fiscal Year 1988-89.(REFERRED TO BUDGET
AND FINANCE COMMITTEE)
The 1988-89 Application tor Community
Development Block Grant (CDBG) Funds tor
the C~ty o~ Bakersfield. (/~EFERRED TO BUDGET
AND FINANCE COMMITTEE)
Agreement No. 88-126, Amendment to Agreement
No. 88-43 w~th the County o~ Kern to Increase
Funds Available to $83,000 under the Stewart
B. McKlnney Emergency Shelter Grant tor the
Homeless Facility.
Accept the bid ~rom KCK Enterprises Inc.,
the amount o£ $6,095.00 tot a tandem axle
equipment trailer tot Parks Division.
Bakersfield, California, May 11, 1988 Page 7
qo
Accept the bid trom Jack C. Arbuckle Co.,
in the amount o~ $4,870.70 £or electronic
testing equipment for traffic signal
controllers and wiring.
Upon a motion Councilmember Ratty, Items a, b, c, d,
f, g, h, 1, j, k, 1, m, n, o, p, and q ot the Consent Calendar
were approved by the tollowing vote:
Ayes: Councilmember Childs, DeMond, Smlth,
McDermott, Salvagglo
Noes: None
Absent: None
Ratty, Peterson,
ACTION ON BIDS
Upon a motion by Councilmember Demond, low bld in the
amount ot $26,291.47 trom Jim Burke Ford ~or a tlat bed truck
equipped with wrench and lifting device was accepted, the other
bid rejected.
DEFERRED BUSINESS
Approval o~ Ordinance No. 3159 o~ the
Council ot the City o£ Bakersfield
amending Title Seveuteen of the
Bakersfield Municipal Code by changing
the Land Use Zoning of those certain
properties in the C~ty o~ Bakerstleld
located on the east side of Edmonton
Street approximately 150 ~eet south of
Wilson Road £rom an R-1 (One Family
Dwelling) Zone to an R-1-P (One Family
Dwelling-Parking Overlay) Zone.
This Ordinance was given tirst reading at the meetlng of
April 27, 1988.
Upon a motion by CounciLmember McDermott, Ordinance No.
3159 o£ the Council ot the City o£ Bakersfield was approved by
the tollowing vote:
Ayes:
Noes:
Absent:
Councilmember Childs, DeMond, Smith,
McDermott, Salvagglo
None
None
Ratty, Peterson,
Bakersfield, California, May 11, 1988 - Page 8
NEW BUSINESS
First Reading of an Ordinance of the
Council of the City o~ Bakersfield
amending Title Seventeen o~ the
Bakersfield Municipal Code by changing
the Land Use Zoning o£ those certain
properties in the City of Bakersfield
located on the north side of Brimball
Road approximately 350 teet east ot
Calloway Road, trom an M-2 (General
Manutacturlng) Zone to an R-1 (One
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 site is located in an undeveloped area ot the City
north o~ the Kern River and is a portion of the Mcintosh General
Plan.
First Reading o£ an Ordinance of the
Council o£ the City of Bakersfield
amending Section 5.50.080 A. o£ the
Bakersfield Municipal Code relating
to insurance requirements for taxicab
operators.
This ordinance allows the City to set liability limits,
vis-a-vis taxicab operators, as the City deems desirable rather
than the minimum set by State law.
Approval ot Resolution of Intention No.
1044 ot the Council ot the City of
Bakersfield 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 o~
Bakers£ield.
This Resolution sets the hearing date tor June 8, 1988.
Upon a motion by Councilmember Childs, Resolution ot
Intention No. 1044 o~ the Council of the City of Bakers£1eld was
approved by the ~ollowlng vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, DeMond, Smith, Ratty,
McDermott, Salvaggio
None
None
Peterson,
Requests to authorize staff to negotiate
agreement for food and drink concession
services at the Bakersfield Municipal
Sports Complex.
Upon a motion by Councilmember McDermott, proposal from
Empire Sports Concession was accepted, and staff authorized to
negotiate agreement.
Bakersfield, California, May 11, 1988 Page 9
Request for Proposals (RFP) to provide
work plan ~or clean up ot hazardous
chemicals for the Bakerstleld Airpark.
Upon a motion by Councll~nember Salvagglo, the Request
for Proposals and distribution to prospective bidders were
approved.
Councilmember Salvagglo clarified his vote stating that
he supported this because he reels this is a very important step
in the remedlatlon process at the Bakerstleld Airpark. He urged
start to continue to work closely with the Department o~ Health
Services, the Regional Water Quality Control Board and Kern
County Health Department.
Request trom the City of Bakersfield
Police Department to appropriate $24,000
trom Seized Property Trust Account to
Police Department Badget tot materials
and equipment.
Upon a motion by Councilmember Peterson, Request trom
the City o~ Bakerstield Police Department was approved. *See Below.
Three appointments to the Historic
Preservation Commission.
One (1) position ~s vacant due
to expiration o~ term on March 30,
1988. The position was held by
Cherylanne Farley.
Two (2) positions are currently
vacant due to the resignations
trom Commissioners Shirley McFadzean
(term explres March 30, 1990) and
Diane Sandldge (term expires March 30,
1989).
Upon a motion
was appointed to serve
term expiring March 30,
by Councilmember McDermott, Louise Juracek
on the Historic Preservation Commission,
1991.
Councilmember Peterson deEerred his appointment to the
Historic Preservation Commission to the Meeting ot May 18, 1988.
Mayor Payne deterred hls appointment to the Historic
Preservation Commission to the Meeting o~ May 18, 1988.
One (1) vacancy on the C~tlzens Auditorium
Committee due to the resignation ot Karen
Carlson, term explri[ng January 3, 1992.
Upon a motion by Councilmember Peterson, Judy Valenzuela
was appointed to the Citizens Auditorium Committee, term expiring
January 3, 1992.
*by the following vote:
Ayes: Councilmembers Childs, DeMond,
Salvaggio
Noes: None
Absent: None
Smith, Ratty, Peterson, McDermott,
Bakersfield, California, May 11, 1988 - Page 10
COUNCIL STATEMENTS
Councilmember McDermott made a motion to discuss
that arose atter the agenda was prepared. The motion was
approved.
an item
Adoption of Resolution No. 67-88 ot
the Council ot the City of Bakersfield
declaring May 18, 1988 Air Quallty
Improvement Day for employees working
along Calitornia Avenue.
Upon a motion by Councilmember McDermott, Resolution No.
67-88 ot the Council ot the C~ty ot Bakerstield was adopted by
the tollowing vote:
Ayes: Councilmembers Childs, DeMond, Smith,
McDermott, Salvaggio
Noes: None
Absent: None
Ratty, Peterson,
Councilmember Ratty stated that a little white dog was
missing in his area and requested that residents in his ward keep
a look-out tor this dog.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember McDermott, the meeting
was adjourned at 8:40 p.m.
MAYOR ot the City ot B~fkers£ield, CA
ATTEST:
CITY CLERK and Ex Otticio Clerk ot the Council
ot the City of Bakerstield, Calitornia
bz