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HomeMy WebLinkAbout06/05/1991 MINUTES CCBakersfield, California, June 5, 1991 Minutes of the Budget Hearings of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 5:15 p.m., June 5, 1991. The meeting was called to order by Mayor Medders. Assistant City Clerk Gafford called the roll as follows: Present: Absent: Councilmembers Edwards, DeMond, Smith (seated at Brunni, Peterson (seated at 5:23), McDermott, Salvaggio None 5:25), CONTINUED BUDGET HEARINGS from June 4, 1991. Hearing to receive public comments on proposed Fees and Service Charges pursuant to the Revenue/Cost Comparison System. This hearing has been duly advertised and posted as required by law. Assistant to the City Manager Stinson provided a brief explanation of the fees. He also advised that there was a typographical error on Service Center S-65, Swimming Pool Rental, which should read $45, instead of $40, for 101 to 200 people under Current Fee and Proposed Fee. Additionally, there was a typographical error on S-56, City Adult Softball Program, which should read $415, instead of $410, for both the Current Fee and the Proposed Fee. Mayor Medders declared the hearing open for public participation. No protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Councilmember McDermott suggested that, under Service Center S-35, Animal Regulation, the one year cat tags fee be set at $5.00, instead of $1.00. Councilmember Edwards recommended that the percentage of cost recovery for Service Center S-66, Leisure Classes, be 50 percent, instead of 75 percent, with respect to senior citizens. Hearing for the Year 1991-2001 community Wide Improvements Projects List. This hearing has been duly advertised and posted as required by law. Assistant Public Works Director Kloepper provided an explanation of the List. Mayor Medders declared the hearing open for public participation. No protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Hearing to receive public comments on the proposed Fiscal Year 1991-92 Capital Improvements Budget for the City of Bakersfield. Assistant to the City Manager Stinson provided an explanation of the Budget. 48 Bakersfield, California, June 5, 1991 - Page 2 Mayor Medders declared the hearing open for public participation. No protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Councilmember Salvaggio requested the Public Works Department provide a time schedule for the traffic signal at South "H" Street and Panama Lane. Councilmember DeMond requested the Public Works Department check on and advise her as to where the improvements will be starting for the Westchester Easement and Street Sewers Rehabilitation. Hearing to receive public comments on the proposed Fiscal Year 1991-92 Operating Budget for the city of Bakersfield. This hearing has been duly advertised and posted as required by law. Assistant to the City Manager Stinson advised that, subsequent to the Budget being prepared, several requests from outside groups for funding had been received, as follows: a request for an increase in the contribution to the Convention and Visitors Bureau of approximately $33,000; a request to the California Living Museum of approximately $10,000; a request from Project Clean Air for $25,000; a request from Bakersfield Art Foundation for the City to continue to maintain the operational cost of the art museum, for approximately $16,000; a request from the SPCA to look at the possibility of expanding their kennels at $100,000; and a letter has been received from the Community Advisory Council for the Enterprise Zone. The CAC had several capital improvement projects, but there was no estimate of the cost on those projects. Mayor Medders declared the hearing open for public participation. Mr. Dennis Fox, 918 Blossom, spoke regarding the Operating Budget and suggested that the position of Tree Maintainer be changed, and the work should be performed by a professional Arborist. He also suggested that trees with a longer life span be planted instead of those currently used. Additionally, Mr. Fox recommended that a replacement and maintenance plan be prepared at the planning stage for the park. No further protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Councilmember Salvaggio requested that Parks' staff meet with Mr. Fox regarding his ideas. Councilmember Brunni left the meeting at 6:25 p.m. 49 Bakersfield, California, June 5, 1991 - Page 3 ADJOURNMENT There being no further business to Council, upon a motion by Councilmember DeMond, adjourned at 6:39 p.m. come before the the meeting was MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex officio Clerk of the Council of the City of Bakersfield, CA ndw 50 Bakersfield, California, June 5, 1991 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., June 5, 1991. The meeting was called to order by Mayor Medders, followed by the Invocation by Councilmember Salvaggio and the Pledge of Allegiance. Assistant city Clerk Gafford called the roll as follows: Present: Absent: Councilmembers Edwards, DeMond, 7:33), Peterson, None Smith, Brunni (seated at McDermott, Salvaggio CONSENT CALENDAR The following items were listed on the Consent Calendar: Approval of Warrant Nos. 9796 to 10320, inclusive, in the amount of $1,629,352.49, and Self-Insurance Warrant Nos. 2193 to 2330, inclusive, in the amount of $74,753.57. b. Communications: Communication from Wayne L. Vaughn, Sr., Carriage Homes, Inc., received May 14, 1991, requesting amendment to the General Plan and zone change for the southeast corner of the proposed Kern River Freeway and Renfro Road. (RECEIVE AND REFER TO PLANNING DEPARTMENT) REMOVED FOR SEPARATE CONSIDERATION. Communication from Richard Prado, dated May 24, 1991, submitting his resignation from the Community Advisory Committee. (RECEIVE AND PLACE ON FILE) c. Dedication of Properties: Street Right-of-Way Deed No. 3334 from Castle & Cooke Development Corporation for additional right-of-way along the north line of White Lane from Old River Road westerly to the school site at the northeast corner of White Lane and Buena Vista Road. Deed No. 3335, Grant of Landscaping and Utility Easement from Castle & Cooke Development Corporation for an easement along the north side of White Lane from Old River Road westerly to the school site located at the northeast corner of White Lane and Buena Vista Road. Bakersfield, California, June 5, 1991 - Page 2 do j o 3 o Deed No. 3336, Water Line Easement (15' wide) from Centercal Properties, Inc., for a water line located at the northwest corner of Truxtun Avenue and Empire Drive. Notices of Completion and Acceptance of Work for: Contract No. 90-261 with Cardoza & Lauziere, Inc., for the construction of an 18" diameter sewer main from 16th and Oak Streets to Beech Street and Bank Street, completed May 22, 1991. REMOVED FOR SEPARATE CONSIDERATION. Contract No. 90-236 with Renfrow, Inc., for Tract No. 5068, Unit 2, located west of Calloway Road and south of Hageman Road, completed May 20, 1991. Contract No. 90-278 with On/Tec West Construction for construction of the Bakersfield Homeless Center, completed May 20, 1991. Agreement No. 91-112, Second Amendment to Agreement No. 87-132 with CH2M Hill to allow for modification of the Planz Road Overcrossing design. Agreement No. 91-113 with the Bakersfield Society for the Prevention of Cruelty to Animals (SPCA). Sewer Extension Agreement No. 91-114 between the City of Bakersfield, Riverlakes Ranch Ltd., and Rosedale Village Associates Limited Partnership. Agreement No. 91-115 with the City of Taft for assignment of Combined Road Program (FAU) Funds. Agreement No. 91-116 with City of Delano for assignment of Combined Road Program (FAU) Funds. Agreement No. 91-117 with County of Kern to share the costs of the Job Training/ Marketing Efforts in the Southeast Metropolitan Bakersfield Incentive Area. Extension of Lease Agreement No. 91-118 with ATCO Property Management regarding Incentive Area Information Center. Agreement No. 91-119, Amendment No. 2 to Agreement No. 89-120 with Hodges & Shutt for Airport Engineering Services. Bakersfield, California, June 5, 1991 - Page 3 m. REMOVED FOR SEPARATE CONSIDERATION. n. REMOVED FOR SEPARATE CONSIDERATION. Assistant City Clerk Gafford advised that relative to Item m., Ordinance No. 3369 amending Ward Boundaries, the last line of Section 9 has been changed from "effective upon the effective date of Ordinance No. 3369" to "effective immediately". No. 3369 Calendar Councilmember McDermott requested that Item m., Ordinance amending Ward Boundaries, be removed from the Consent for separate consideration. Councilmember Peterson requested that Item b.2., Communication from Mike Lambrix, Item d.2., Contract No. 91-23 with Kenko, Inc., and Item n., Resolution adopting drainage plan for Riverlakes Ranch, be removed from the Consent Calendar for separate consideration. Upon a motion by Councilmember DeMond, Items a, b, c, d, e, f, g, h, i, j, k and 1, with the removal of Items b.2., d.2., m., and n, of the Consent Calendar were adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Peterson, McDermott, Salvaggio None None Councilmember Brunni Noes: Abstain: Absent: Adoption of Ordinance No. 3370 amending Ordinance No. 3369 amending Ward Boundaries. Upon a motion by Councilmember DeMond, Ordinance No. 3370 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Salvaggio Councilmembers Peterson, McDermott None Councilmember Brunni b.2. Communication from Mike Lambrix, 2600-18 Barrington Street, received May 21, 1991, requesting a skate park in Bakersfield. Upon a motion by Councilmember Peterson, communication from Mike Lambrix was referred to the Convention Center and Community Services Committee. Notice of Completion and Acceptance of Work for Contract No. 91-23 with Kenko, Inc., dba McGrand & Associates, for Stine Road/McCutcheon Road interceptor sewer construction, completed May 15, 1991. Upon a motion by Councilmember Peterson, Completion and Acceptance of Work for Contract No. Kenko, Inc., dba McGrand & Associates, was approved. Notice of 91-23 with Adoption of Resolution No. 89-91 adopting drainage plan for Riverlakes Ranch planned drainage area and making findings thereto. Upon a motion by Councilmember Peterson, Resolution No. 89-91 was adopted. .53 Bakersfield, California, June 5, 1991 - Page 4 PUBLIC STATEMENTS Mr. Gary O'Neal, representing the Greater Bakersfield Chamber of Commerce, 1033 Truxtun Avenue, spoke regarding the business license tax ordinance. He requested a postponement on the vote being taken this evening due to the lack of appropriate notice being given to over 10,000 affected businesses. Mr. Dan Crisp, 4400 La Farge Drive, spoke regarding the business license tax ordinance. He requested that action be postponed to allow for more input from the public and the businesses affected. Mr. Bart Camps, 4500 Cosmo Street, spoke in support of the Paladino Water Project. He urged Council to reconsider the staff recommendation of not going through with the proposed project. HEARINGS This is the time set for hearing objections on the matter of inclusion of the proposed Hosking No. i Annexation, upon annexation to the City of Bakersfield into the Greater Bakersfield Separation of Grade District (Ward 7). This hearing has been duly advertised and posted as required by law. Mayor Medders declared the hearing open for public participation. No protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 90-91 specifying that all portions of the proposed Hosking No. i Annexation to the city of Bakersfield, be included within the Greater Bakersfield Separation of Grade District (Ward 7). Upon a motion by Councilmember Salvaggio, Resolution No. 90-91 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, McDermott, Salvaggio None None Councilmember Brunni Peterson, This is the time set for hearing objections on the matter of inclusion of the proposed Wible No. 7 Annexation, upon annexation to the City of Bakersfield into the Greater Bakersfield Separation of Grade District (Wards 6 and 7). This hearing has been duly advertised and posted as required by law. Mayor Medders declared the hearing open for public participation. No protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. 54 Bakersfield, California, June 5, 1991 - Page 5 Adoption of Resolution No. 91-91 specifying that all portions of the proposed Wible No. 7 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District (Ward 6 and 7). Upon a motion by Councilmember McDermott, Resolution No. 91-91 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, McDermott, Salvaggio None None Councilmember Brunni Peterson, Hearing to determine that a litter nuisance exists at 722 Lake Street. This hearing has been duly advertised, posted and property owners notified as required by law. Mayor Medders declared the hearing open for public participation. Ms. Dolores Brent, 722 Lake Street, spoke in opposition to the staff recommendation. She submitted a letter from Mr. Frank Haskell who has been helping her clean up the property. She also submitted a copy of the historical survey on the property. No further protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion for Council deliberation and action. Councilmember Brunni was seated at 7:33 p.m. Upon a motion by Councilmember DeMond, the matter was deferred to July 17, 1991. Hearing to consider amendment Riverlakes Ranch Specific Plan. of the This hearing has been duly advertised, posted and property owners notified as required by law. Mayor Medders declared the hearing open for public participation. No protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilmember Brunni, the Riverlakes/Unibell Specific Plan amendment, as recommended by Planning Commission Resolution No. 28-91, was approved by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, McDermott, Salvaggio None None None Peterson, Bakersfield, California, June 5, 1991 - Page 6 REPORTS Report No. 10-91 from the Budget and Finance Committee regarding Amendment to Chapter 5.02 of the Bakersfield Municipal Code relating to Business License Tax. An ordinance amending Chapter 5.02 of the Bakersfield Municipal Code relating to Business License Tax. This Ordinance was given first reading at the meeting of April 10, 1991. Councilmember McDermott advised he would like the record to reflect that, due to a real or perceived conflict of interest, he will be absent on this discussion. Councilmember Smith advised that due to a potential conflict of interest, she will be absent during the voting and discussion. Councilmember Peterson read Budget and Finance Committee Report No. 10-91, as follows: On May 8, 1991, an Amendment to the Business License Tax Ordinance was referred by the City Council to the Budget and Finance Committee for review. There was concern over the impact of a proposed rate change on video game establishments. The Committee has met with staff and discussed the proposed rate increase for amusement devices, which includes pinball machines and video games. Staff informed the Committee that while most cities tax amusement devices on a flat rate, some do utilize a gross receipts basis for taxing this type of business. In order to attain equity in the business license tax structure, it is staff's objective to have as many businesses as possible taxed on a gross receipts basis. Therefore, staff recommends that video game establishments be included in the other than professional category and pay a business license tax based upon their gross receipts. All amusement devices, including video games, pinball machines, pool tables, music boxes, photo machines, and weighing machines will be included in the gross receipts of the establishments where they are located. These devices will no longer be taxed on an individual flat rate basis and the revisions to the flat rate categories are now reflected in the proposed amendment. Some businesses converting from a flat rate tax to a tax based upon gross receipts have expressed concern as to the confidentiality of their gross. receipts information. Staff advised the Committee that about seventy-five percent, or 7,800 businesses currently report and pay a business license tax based upon gross receipts. Well established procedures exist for protecting the confidentiality of both gross sales figures and the amount of tax paid. A limited number of business license Bakersfield, California, June 5, 1991 - Page 7 related staff have access to this information. Disclosure of financial information is unlawful by Bakersfield Municipal Code and Government Code of the State of California. Therefore, the Committee recommends approval of this report and adoption of the Ordinance. Note: Councilmember Kevin McDermott did not participate in this discussion. Staff amended Budget and Finance Committee Report No. 10-91 to include two paragraphs, which were not read into the record, as follows: On June 3, 1991, the Budget and Finance Committee met with staff and further discussed the amendment to the Business License Tax Ordinance. Based on comments from the public, the Committee recommends that staff review the revenue collected and report to the Budget and Finance Committee by March 1, 1992, to evaluate the overall fiscal impact of the amended Ordinance. Upon a motion by Councilmember Peterson, Budget and Finance Committee Report No. 10-91 was accepted with Councilmembers Smith and McDermott absent. Councilmember Peterson made a motion to implement the recommendations of Budget and Finance Committee Report No. 10-91. After much discussion, Councilmember DeMond called for the vote. Councilmember Brunni stated, for the record, that she feels Treasurer Descary has done a nice job trying to let the public know what was going on, to as much extent possible without sending a notice, and she thanked him for his help in answering her questions as they were raised to her. The motion to implement the recommendations of Budget and Finance Committee Report No. 10-91 was approved by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Councilmember Salvaggio None Councilmembers Smith, McDermott Brunni, Peterson Adoption of Ordinance No. 3371 amending Chapter 5.02 of the Bakersfield Municipal code relating to Business License Tax. Upon a motion by Councilmember Peterson, Ordinance No. 3371 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Brunni, Peterson Councilmember Salvaggio None Councilmembers Smith, McDermott Bakersfield, California, June 5, 1991 - Page 8 ACTION ON BIDS Approval of Contract No. 91-120 with A-C Electric Company for traffic signal on White Lane at Wilson Road. Upon a motion by Councilmember Brunni, the low bid from A-C Electric Company in the amount of $90,700.00 was accepted, and the Mayor was authorized to execute the Contract. Approval of Contract No. 91-121 with On/Tec West for Concrete Block Pumphouse for Ashe Water Well Nos. 4 and 26 located on Brine Road and Hartford, and 600 Mondavi Way. Upon a motion by Councilmember Peterson, the low bid from On/Tec West in the amount of $75,837.00 was accepted, and the Mayor was authorized to execute the Contract. Approval of Contract No. 91-122 with Cummins West, Inc., to furnish Standby Electric Generating System for Ashe Water Well No. 4 located on Stine Road and Hartford. Upon a motion by Councilmember Peterson, the low bid from Cummins West, Inc., in the amount of $20,867.00 was accepted, and the Mayor was authorized to execute the Contract. Approval of Contract No. 91-123 with John Black Electric for traffic signal on Denise Avenue at Manor Street. Upon a motion by Councilmember Peterson, the low bid from John Black Electric in the amount of $85,017.50 was accepted, and the Mayor was authorized to execute the Contract. Approval of Contract No. 91-124 with Pacific Irrigation Company to furnish and install deepwell turbine pump and motor for Ashe Water Well No. 26. Upon a motion by Councilmember Brunni, the low bid from Pacific Irrigation Company in the amount of $20,592.00 was accepted, and the Mayor was authorized to execute the Contract. Office furniture for Water Administration Building. Upon a motion by Councilmember Brunni, the low bids from Sam Yokum, Inc. ($22,583.38 for 99 items) and Floyd's Office Furniture ($15,537.79 for 28 items) were accepted. Adoption of Resolution No. 92-91 determining that a certain tractor drawn ladder truck can be reasonably obtained from only one vendor, FWD Corporation, Seagrave Fire Apparatus and authorizing the Finance Director to dispense with bidding therefor, and to purchase said tractor drawn ladder truck for an amount not to exceed $412,000.00. Councilmember McDermott made a motion to adopt the Resolution and appropriate $430,000.00 Fund Balance to the Public Works Operating budget, within the Equipment Management Fund. Councilmember McDermott amended his motion to appropriate $412,000.00, instead of $430,000.00. Bakersfield, California, June 5, 1991 - Page 9 Upon a motion by Councilmember McDermott, Resolution No. 92-91 was adopted and $412,000 Fund Balance to the Public Works Operating budget, within the Equipment Management Fund, was appropriated by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, McDermott, Salvaggio None None None Peterson, DEFERRED BUSINESS Adoption of Ordinance No. $$72 amending Title 17 of the Bakersfield Municipal Code by amending Condition No. 4 set forth in Ordinanoe No. 3309 related to Zone Change 5027. This Ordinance was given first reading at the meeting of May 22, 1991. Upon a motion by Councilmember DeMond, Ordinance No. 3372 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, McDermott, Salvaggio None None None Brunni, Peterson, Adoption of Ordinance No. 3373 amending Subsection F. of Section 3.20.120 of the Bakersfield Municipal Code relating to Surplus Supplies and Equipment. This Ordinance was given first reading at the meeting of May 22, 1991. Upon a motion by Councilmember Peterson, Ordinance No. 3373 was adopted by the following roll call vote: Ayes: Councilmembers DeMond, Smith, Brunni, Peterson, McDermott Councilmembers Edwards, Salvaggio None None Noes: Abstain: Absent: Continuation of Proceedings on Proposed Assessment District No. 90-2 (Paladino Water Project). Councilmember Smith made a motion to terminate the work on the project and the assessment district. The motion was approved by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, McDermott, Salvaggio None Councilmember Brunni None Peterson, Upon a motion by Councilmember Smith, staff was directed to prepare a scope of work and cost estimate for the Frank Reina proposal which would be presented to the City Council as a modified Engineer's Report and assessment. Bakersfield, California, June 5, 1991 - Page 10 Upon a motion by Councilmember Smith, the water problem in the northeast, in this particular 5,000 to 6,000 acre area, was referred to the Water Board to come back with a report. Councilmember Smith requested staff take a very close look at this emergency situation on the west side of this area, between Cosmo and Bella, and determine if there is any way to get water to the people as soon as possible. Approval of Agreement No. 91-125 with Sutro & Co. for underwriting services (Assessment District No. 90-2, Paladino). Upon a motion by Councilmember Smith, Agreement No. 91-125 was approved, and the Mayor was authorized to execute the Agreement. NEW BUSINESS First Reading of an Ordinance amending Subsection D. of Section 16.32.060 of the Bakersfield Municipal Code relating to Planned Drainage Areas. This Ordinance amends Section 16.32.060 of the Bakersfield Municipal Code to delete the Rancho Laborde Planned Drainage Area and add the Riverlakes Ranch Planned Drainage Area to Subsection D. (Drainage Facilities). Adoption of Resolution No. 93-91 of the Council of the City of Bakersfield specifying that, unless excluded by Council, all portions of the proposed Oakhaven No. i Annexation shall, upon annexation to the city of Bakersfield, be included within the Greater Bakersfield Separation of Grade District (Ward 4). This Resolution sets the protest hearing for the Council meeting of Wednesday, July 17, 1991. Upon a motion by Councilmember Brunni, Resolution No. 93-91 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Adoption of Resolution No. 94-91 of the Council of the city of Bakersfield specifying that, unless excluded by Council, all portions of the proposed Stine No. 7 Annexation shall, upon annexation to the city of Bakersfield, be included within the Greater Bakersfield Separation of Grade District (Ward 6). This Resolution sets the protest hearing for the Council meeting of July 17, 1991. Bakersfield, California, June 5, 1991 - Page 11 Upon a motion by Councilmember McDermott, Resolution No. 94-91 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott None None Councilmember Salvaggio Adoption of Resolution No. 95-91 providing for the adjustment of property tax revenues upon local agency jurisdictional change resultlng from Annexation No. 349, LAFCO Proceeding No. 1071, Wilson No. 4 Annexation (Ward 1). Upon a motion by Councilmember Edwards, Resolution No. 95-91 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, McDermott None None Councilmember Salvaggio Smith, Brunni, Peterson, Adoption of Resolution of Intention No. 1081 declaring intention to add territory to existing Maintenance District No. 11 (Harris); confirming and approving Public Works Director's Report; setting boundaries thereof; the fairness of the benefit formula; the amount of assessment levied against each parcel and setting time and place for hearing protests on the addition of territory to Maintenance District No. 11 and related matters. This Resolution sets the protest hearing for the Council meeting of June 19, 1991. Upon a motion by Councilmember McDermott, Resolution of Intention No. 1081 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott None None Councilmember Salvaggio Adoption of Resolution of Intention No. 1082 declaring intention to establish Maintenance District No. 28 (Auburn and Eissler) and setting time and place for hearing protests to the proposed district. This Resolution sets the protest hearing for the Council meeting of June 19, 1991. Upon a motion by Councilmember Smith, Resolution of Intention No. 1082 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, McDermott None None Councilmember Salvaggio Noes: Abstain: Absent: Brunni, Peterson, Bakersfield, California, June 5, 1991 - Page 12 Adoption of Resolution No. 96-91 preliminarily adopting, confirming and approving the Public Works Director's Report; appointing time and place for hearing protests to the proposed district; setting the boundaries thereof; the fairness of the benefit formula; the amount of assessment to be levied against each parcel and the reservation of right to perform work by City forces (Resolution of Intention No. 1082, Maintenance District No. 28, Auburn and Eissler). This Resolution sets the protest hearing for the Council meeting of June 19, 1991. Upon a motion by Councilmember Smith, Resolution No. 96-91 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott None None Councilmember Salvaggio Adoption of Resolution of Intention No. 1083 declaring intention to establlsh Maintenance District No. 29 (Calloway) and setting time and place for hearing protests to the proposed district. This Resolution sets the protest hearing for the Council meeting of June 19, 1991. Upon a motion by Councilmember Brunni, Resolution of Intention No. 1083 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, McDermott None None Councilmember Salvaggio Smith, Brunni, Peterson, Adoption of Resolution No. 97-91 preliminarily adopting, confirming and approving the Public Works Director's Report; appointing time and place for hearing protests to the proposed district; setting the boundaries thereof; the fairness of the benefit formula; the amount of assessment to be levied against each parcel and the reservation of right to perform work by City forces (Resolution of Intention No. 1083, Maintenance District No. 29, Calloway). This resolution sets the protest hearing for the Council meeting of June 19, 1991. Upon a motion by Councilmember Brunni, Resolution No. 97-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott None None Councilmember Salvaggio Noes: Abstain: Absent: Councilmember Brunni requested of staff that when the planting is done, that it not be over-planted in order to keep the costs down. She suggested that there be a neighborhood meeting to find out what the people in the area want. Bakersfield, California, June 5, 1991 - Page 13 Adoption of Resolutlon of Intention No. 1084 declaring intention to establish Maintenance District No. 30 (Allen) and setting time and place for hearing protests to the proposed district. This Resolution sets the protest hearing for the Council meeting of June 19, 1991. Upon a motion by Councilmember Brunni, Resolution of Intention No. 10841 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott None None Councilmember Salvaggio Noes: Abstain: Absent: Adoption of Resolution No. 98-91 preliminarily adopting, confirming and approving Public Works Director's Report; appointing time and place for hearing protests to the proposed district; setting the boundaries thereof; the fairness of the benefit formula; the amount of assessment levied against each parcel and the reservation of right to perform work by City forces (Resolution of Intention No. 1084, Maintenance District No. 30, Allen). This resolution sets the protest hearing for the Council meeting of June 19, 1991. Upon a motion by Councilmember Brunni, Resolution No. 98-91 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,d McDermott None None Councilmember Salvaggio Councilmember Brunni requested of staff that when the planting is done, that it not be over-planted. Adoption of Resolution No. 99-91 determining unpaid assessments and providing for issuance of bonds and amending Resolution of Intention NO. 1078 for Assessment District No. 90-1 (Jewefta Trunk Sewer/Calloway Canal Relooation). Upon a motion by Councilmember Brunni, Resolution No. 99-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott None None Councilmember Salvaggio Noes: Abstain: Absent: Approval of Consultant's Agreement No. 91-126 with George Sweet for administration, inspection and coordination of the construction phase of the Planz Road Overcrossing Widening at Highway 99. Councilmember Salvaggio returned to the meeting at 8:35 p.m. Bakersfield, California, June 5, 1991 - Page 14 Councilmember McDermott made a motion to approve the Agreement, appropriate $72,990 from Federal Grant Revenue to the Public Works Capital Improvement budget within the FAU fund, and authorize the Mayor to execute the Agreement. Councilmember Salvaggio requested that staff check with Granite Construction Company to make sure that they apply for an encroachment permit in a timely fashion so there will be no delays on this project. Upon a motion by Councilmember McDermott, Agreement No. 91-126 was approved, $72,900 was appropriated from Federal Grant Revenue to the Public Works Capital Improvement budget within the FAU fund, and the Mayor was authorized to execute the Agreement by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, McDermott, Peterson, Salvaggio None None None One (1) appointment to the citizen's Convention Center committee due to the resignation of Richard Prado, term expiring January 3, 1994. At the request of Councilmember Salvaggio, appointment was deferred to the next Council meeting. this COUNCIL STATEMENTS Proposed City of Bakersfield 1991 Legislative Platform (Patricia J. DeMond). Councilmember DeMond brought to Council's attention the proposed Legislative Platform and encouraged input from the Councilmembers. Councilmember Brunni advised that she has given her responses regarding the Legislative Platform to the City Manager, and she encouraged the other Councilmembers to do the same. Councilmember Brunni advised that she is Vice Chair of Project Clean Air, which is a volunteer organization that is comprised of 26 other organizations. She further advised that one of the matters being discussed is finding a funding source for synchronizing the street lights in our community. Upon a motion by Councilmember Brunni, this matter was referred to the Budget and Finance Committee. Councilmember Brunni advised that there is a Soviet- American Police Exchange Program in which law enforcement people from the USSR and the United States travel to the other's country and exchange information. This project is currently being funded by the individual law enforcement officers. Upon a motion by Councilmember Brunni, this matter was referred to the Budget and Finance Committee for a potential small contribution from our community. Bakersfield, California, June 5, 1991 - Page 15 Councilmember Edwards spoke regarding the Legislative Platform and stated that the City of Bakersfield needs to have a more active legislative posture. Additionally, he encouraged the other Councilmembers to provide input so that a policy can be formulated and Bakersfield can become active in communicating that platform to the Governor and Legislature. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Peterson, the meeting was adjourned at 8:45 p.m. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA ndw