HomeMy WebLinkAbout05/31/1989 MINUTES CCBakersfield, California, May 31, 1989
Minutes of a Closed Session of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 5:15 p.m., May 31, 1989.
The meeting was called to order by Mayor Medders.
City Clerk Williams called the roll as follows:
Present: Mayor Medders, Councilmembers
Absent: Councilmember Salvaggio
DeMond, Smith, Ratty,
Peterson, McDermott,
CLOSED SESSION
Closed Session pursuant to Government
Code Section 54956.9(a) regarding Gary
Walker vs. City of Bakersfield.
Upon a motion by Councilmember DeMond, Council adjourned
to the City Manager's Conference Room for Closed Session.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Peterson, the meeting was
adjourned at 5:48 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CL~RK ~nd Ex ~fficio Clerk of the
Council of the City of Bakersfield, CA
bz
Bakersfield, California, May 31, 1989
Minutes of the Regular Meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
City Hall at 7:00 p.m., May 31, 1989.
The meeting was called to order by Mayor Medders,
followed by the Invocation by Conard Holt, Board of Deacons,
First Assembly of God Church, and the Pledge of Allegiance.
City Clerk Williams called the roll as follows:
Present:
Absent:
Mayor Medders,
None
Councilmembers Smith, DeMond, Ratty,
Peterson, McDermott,
Salvaggio
INTERIM COUNCIL APPOINTMENT - WARD 1
Oscar J. Anthony, Jeffrey C. Brown, Stephanie Campbell,
Edwin L. Holiwell, and Sharon Owens each spoke on their own
behalf regarding the interim council appointment for Ward 1.
Upon a motion by Councilmember Smith, Oscar Anthony was
appointed to serve as an interim appointment to fill the vacant
council seat for Ward 1; to serve as chairperson of the Council's
Personnel Committee; to be a member of the Council's Budget and
Finance Committee and the Auditorium and Community Services
Committee until the electee of the November 7, 1989, election is
duly sworn into office, by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, DeMond, R atty,
McDermott, Salvaggio
None
None
None
Peterson,
City Clerk williams administered the oath of office to
Oscar J. Anthony.
HEARINGS
This is the time set for a public hearing to
consider a Resolution of the Council of the
City of Bakersfield authorizing the
remarketing of City of Bakersfield Hospital
Revenue Bonds (Bakersfield Memorial
Hospital , Series 1984, at a fixed rate of
interest and authorizing the issuance, sale
and delivery of the City of Bakersfield
Hospital Revenue Bonds (Bakersfield Memorial
Hospital), Series 1989, and certain other
actions in connection with each of the
foregoing transactions.
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.
4
Bakersfield, California, May 31, ~989 - Page 2
Resolution of the City Council of the City of
Bakersfield authorizing the remarketing of
City of Bakersfield Hospital Bonds
(Bakersfield Memorial Hospital), Series 1984,
at a fixed rate of interest and authorizing
the issuance, sale and delivery of the City
of Bakersfield Hospital Revenue Bonds
(Bakersfield Memorial Hospital), Series 1989,
and certain other actions in connection with
each of the foregoing transactions.
Upon a motion by Councilmember 5~cDermott, Resolution
No. 70-89 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, ~eMond, Ratty,
McDermott, Salvaggio
None
None
None
Peterson,
This is the time set for a public hearing to
consider an Emergency Ordinance of the
Council of the City of Bakersfield adopting
Negative Declaration and extending Emergency
Ordinance No. 3223 New Series, requiring a
conditional use permit for living or sleeping
quarters in the Redevelopment Project Area.
This hearing has been duly advertised and posted as
required by law.
Councilmember Ratty disqualified himself from
participating on this matter due to a possible conflict of
interest.
Mayor Medders declared the hearing open for publlc
participation.
Attorney Gary O'Neil, member of the Board of Directors
of the Downtown Business Association (DBA), spoke on behalf of
the DBA in support of the Emergency Ordinance, but requested the
Ordinance state a minimum period of twelve months.
No protest or objections being received and no one else
wishing to speak in favor, Mayor Medders closed the public
portion of the hearing for Council deliberation and action.
An Emergency Ordinance of the Council of the
City of Bakersfield adopting Negative
Declaration and extending Emergency Ordinance
No. 3223 New Series.
Upon a motion by Councilmember DeMond, Emergency
Ordinance No. 3227 of the Council of the City of Bakersfield was
approved by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond,
McDermott, Salvaggio
None
None
Councilmember Ratty
Peterson,
Bakersfield, California, May 31, 1989 - Page 3
This is the time set for a continued public
hearing to consider an appeal by James H.
Childs to the decision of the Board of Zoning
Adjustment denying a modification (MOD #4845)
to allow a reduction in front yard setback
from 25 feet to 5 feet to accommodate
"off-street" parking and from 25 feet to
8 feet 10 inches for an existing carport in
an R-2 (Limited Multiple Family Dwelling)
Zone.
This hearing was continued from the meeting of May 17,
1989.
Mayor Medders declared the hearing open for public
participation.
James Childs spoke in support of the appeal and read a
letter addressed to the Board of Zoning Adjustment.
Jeffrey C. Brown, 828 "H" Street, spoke in support of
the appeal
James Childs spoke in rebuttal in support of the
appeal.
There being no protest or objections and no one else.
wishing to speak in favor, Mayor Medders closed the public
portion of the hearing for Council deliberation and action.
Councilmember Anthony made a motion that the matter be
delayed for two weeks.
Councilmember DeMond made a substitute motion to allow
James Childs to maintain his carport but require off-street
parking and grant thirty days to obtain a permit and complete the
work. The motion was approved by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty, Peterson,
This is the time set for a protest hearing
before the Council for the purpose of hearing
any person owning real property within
territory designated as Casa Loma No. 5,
proposed to be annexed to the City of
Bakersfield. (WARD 1)
This hearing has been duly advertised, posted and the
property owners notified as required by law.
Mayor Medders declared the hearing open for public
participation. No protest or objections being received, Mayor
Medders closed the public portion of the hearing for Council.
deliberation and action.
A Resolution of the Council of the City of
Bakersfield making findings that no majority
written protest has been filed and ordering
the territory designated as Proceeding
No. 986, Annexation No. 329 (Case Loma
No. 5), Annexed to the City of Bakersfield,
(Ward 1).
Bakersfield, California, May 31, 1989 - Page 4
Upon a motion by Councilmember Anthony,
No. 71-89 of the Council of the City of Bakersfield
by the following roll call vote:
Resol~ltion
was adopted
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond, Ratty,
McDermott, Salvaggio
None
None
None
Peterson,
scheduled
and Acres
Councilnember McDermott reminded Council of the walk
for June 10th to be held in the County island at Harris
and invited all Council members to participate.
This is the time set for public hearing to
consider an Ordinance of the Council of the
City of Bakersfield amending Sections
15.64.010, 15.64.020, 15.64.030,
Subsection (d) of Sections 15.64.140,
15.64.150, 15.64.230, 15.64.320, 15.64.330
and 15.64.340; deleting Sections 15.64.050
and 15.64. 250 of the Bakersfield Municipal
Code and adding Sections 15.64.025,
15.64.035, 15.64.342, 15.64.345 and 15.64.347
to the Bakersfield Municipal Code relating to
Uniform Fire Code.
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.
First reading of an Ordinance of the Council
of the City of Bakersfield amending Sections
15.64.010, 15.64.020, 15.64.030,
Subsection (d) of Sections 15.64.140,
15.64.150, 15.64.230, 15.64.320, 15.64.330
and t5.64.340; deleting Sections 15.64.050
and 15.64.250 of the Bakersfield Municipal
Code and adding Sections 15.64.025,
15.64.035, 15.64.342, 15.64.345 and 15.64.347
to the Bakersfield Municipal Code relating to
Uniform Fire Code.
REPORTS
Councilmember Peterson,
Committee, read Report No. 3-89
Contract as follows:
Chairperson of the Litigation
regarding City Attorney's
On January 28, 1989, the City Council
referred the issue of the City Attorney's
contract to the Litigation Committee. The
Committee met with the City Manager and Alan
Daniel of the City Attorney's Office and
reached an agreement on the attached
contract.
The contract has been reviewed by the
Committee, the City Manager, and Alan Daniel
of the City Attorney's Office and found to be
acceptable.
Bakersfield, California, May 31, 4989 - Page 5
The contract provides for three months
severance pay, and an additional forty-five
days of severance pay if services are
terminated within sixty days of a council
election. The City Attorney is required to
give thirty days notice of resignation. The
City Attorney salary shall be at Step 4 and
retroactive to January 1, 1989.
The City Attorney is also entitled to
vacation at the rate of twenty days per year.
The Committee recommends acceptance of this
report and authorize the Mayor to execute the
attached contract with the City Attorney
Arthur J. Saalfield.
Upon a motion by Councilmember Peterson, Litigation
Committee Report No. 3-89 was accepted.
Agreement for Attorney Services.
Upon a motion by Councilmember Peterson, the.
recommendations of Litigation Committee Report No. 3-89 were
implemented and Agreement NO. 89-122 was approved, and the Mayor
was authorized to execute the Agreement.
Councilmember DeMond read Personnel Committee Report
No. 3-89 regarding Revised Job Specifications as follows:
At its meeting of May 18, 1989, the Personnel
Committee approved the following:
I. Revised Job Specifications
(1
Air Conditioning Technician I (414)
Air Conditioning Technician II
(757)
(3
(4
(5
Building Maintainer I (306)
Building Maintainer II (310)
Heavy Equipment Operator
(Sanitation) (323)
(6
Maintenance Craftworker I (420)
Traffic Engineer (837)
These actions have been approved by the
Miscellaneous Civil Service Board.
The Personnel Committee requests acceptance
of this report.
Upon a motion by Councilmember DeMond, Personnel
Committee Report No. 3-89 was accepted.
Councilmember McDermott, Chairperson of the Urban
Development Committee, read Report No. 9-89 regarding
Supplemental Cooperative Agreement with the Housing Authority,
County of Kern, and Assignment of Housing Bond Allocation as
follows:
Bakersfield, California, May 31, 1989 - Page 6
On Wednesday, May 24, 1989, the Urban
Development Committee met with Mr. Paul
Castro, Executive Director of the Housing
Authority, County of Kern, and Michael Hakan
of Magnus Capital to discuss the
participation by the City of Bakersfield in a
first time home buyer mortgage revenue bond
issue. Participation by the City of
Bakersfield will enable City residents to
quality to purchase their first home.
Participation by the City is limited to
approving a Cooperative Agreement under which
the Housing Authority would offer the program
within the City. The City will incur no cost
in connection with the program nor will it
have any legal or financial liability with
respect to repayment of the bonds. The bonds
will bear the name of the Housing Authority
and it alone will bear all obligations.
Further, participation will not have an
effect on the City's ability to undertake
other tax-exempt financing.
During the Committee's consideration of the
matter, it was conveyed that the Housing
Authority will exercise its best effort to
utilize the City of Bakersfield's Bond
Allocatio~ within the City boundaries.
Further, the Committee directed that should
the Cooperative Agreement be approved, staff
would ensure that the participation by the
City of Bakersfield be included in any and
all marketing directed towards prospective
home buyers.
Inasmuch as there exists no liability to the
City aad the program will make it possible
for Bakersfield residents to purchase their
first home, this Committee would recommend
that the City Council adopt the Resolution
which:
(1) Authorizes participation in a home
finance program.
(2) Authorizes assignment of the City of
Bakersfield Housing Bond Allocation.
(3)
Authorizes the Mayor to execute the
Supplemental Cooperative Agreement with
the Housing Authority of the County of
Kern.
Upon a motion by Councilmember McDermott,
Development Committee Report No. 9-89 was accepted.
A Resolution of the City Council of the City
of Bakersfield, California, authorizing
participatio~ in a Home Mortgage Finance
Program in cooperation with the Housin~
Authority of the County of Kern, authorizing
the subm[ssion of an application for an
allocation to issue qualified Mortgage Bonds
and authorizing assignment of such allocation
to the Housing Authority of the County of
Kern.
Urban
Bakersfield, California, May 31, 1989 Page 7
Agreement for Assignment of Housing Bond
Allocation.
Upon a motion by Councilmember McDermott, Resolution
No. 72-89 of the Council of the City of Bakersfield was adopted,.
Agreement No. 89-123 was approved, and the Mayor was authorized
to execute the Agreement by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond, Ratty,
McDermott, Salvaggio
None
None
None
Peterson,~
Upon a motion by Councilmember Ratty, Budget and
Finance Committee Report No. 27-89 regarding Additional Equipment
Funding was placed on the agenda by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond, Ratty,
McDermott, Salvaggio
None
None
None
Peterson,~
Councilmember Ratty,
Finance Committee, read Report
Equipment Funding as follows:
Chairperson of the Budget and
No. 27-89 regarding Additional
On May 17, 1989, the City Council referred a
request for additional equipment funding to
the Budget and Finance Committee for review.
The Committee met with staff who explained
that additional equipment was required as
part of the Police Vehicle Take-Home Program
and would provide emergency equipment
(radios, sirens, lightbars, push-bumpers,
etc.), for vehicles originally purchased for
replacement of existing police vehicles. In
order to utilize these replacement vehicles
in addition to the existing police vehicles,
this equipment must be purchased.
There is an anticipated 90-day delay between
order and delivery of this equipment.
Therefore, it is requested that this
equipment be purchased immediately so the
vehicles may be put into service early in the
fiscal year 1989-90.
Therefore, this Committee recommends that
Council appropriate $70,600 of the Equipment
Maintenance Fund balance to the fiscal year
1988-89 Public Works Budget to purchase
radios and emergency equipment for police
vehicles being added to the police fleet.
Upon a motion by Councilmember Ratty, Budget and
Finance Committee Report No. 27-89 was accepted.
Bakersfield, California, May 31, 1989 - Page 8
Upon a motion by Councilmember Ratty, the
recommendations of Budget and Finance Committee Report No. 27-89
were implemented and $70,600 of the Equipment Maintenance Fund
was appropriated by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty, Peterson,
Calendar:
The
a.
CONSENT CALENDAR
following items were listed on the
Approval of Warrant Nos. 8937 to 9406
inclusive, in the amount of
$1 , 399,419.27.
Ce
Communication from Real Property
Resources, Inc., 21235 Hawthorne
Boulevard, Torrance, dated May 9,
1989, advising of their intention to
file applications for a General Plan
Amendment and zone change on
approximately 37+-acres at the
northeast corner of Panama Lane and
Highway 99. (RECEIVE AND REFER TO
PLANNING COMMISSION)
Communication from Mr. Russell M.
Jeffries, Mayor, City of Salinas, 200
Lincoln Avenue, dated May 18, 1989,
requesting support for SB 1424
(Mello) regarding Parking and
Business Improvement Program.
(RECEIVE AND REFER TO LEGISLATIVE
COMMITTEE)
Dedication of Grant of Easement from
Joseph M. Gannon & James L. Wattenbarger
for the Bakersfield Bike Path access
road, parking lot and rest area adjacent
to Manor Street.
Final Map and Improvement Agreement
No. 89-124 with California Harvest Shops,
Inc., for Tract 5110 for 50 lots on 24.48
acres located north of Ming Avenue and
east of Gosford Road.
Notices of Completion and Acceptance of
Work for:
Interface Pipeline - Phase I
Facilities in the 2800 Acre Recharge
Area, Contract No. 89-42, completed
May 15, 1989.
Tract No. 5074, located at the
southwest corner of Hageman Road and
Patton Way, Contract No. 88-253,
completed May 23, 1989.
Consent
Bakersfield, California, May 31, 1989 - Page 9
fe
Contract Change Order No. 1 Contract
No. 89-83, with Turman Construction
Company, for Wastewater Treatment Plant
No. 2 landleveling of 140 acre parcel.
Request for Extension of Time from John
A. Mueller on behalf of St. Francis
Church to extend the completion date for
Improvement Agreement No. 88-157 to
August 8, 1989.
Agreement No. 89-125, Approval of Program
Supplement No. 88 to Local Agency-State
Master Agreement No. 06-51 09 for
construction of Stockdale Highway between
the Kern River and Old River Road with
the State of California.
Agreement Nos. 89-126 and 89-127 with
Barratt American Incorporated for the
purchase of three lots and the donation
of two lots within Tract 4686.
Agreement Nos. 89-128, 89-129 and 89-130
with Security Pacific National Bank
(SPNB) for the implementation of Formal
Assurance Program, Interest Subsidy
Program, and the Compensating Balane
Program for the Community Development
Home Improvement Loan. (REFER TO BUDGET
AND FINANCE COMMITTEE)
Requested increase in the Home
Accessibility Grant amount. (REFER TO
BUDGET AND FINANCE COMMITTEE)
Amendment to the Fiscal Year 1988-89
Operating, Capital Improvements and
Central District Development Agency
Budgets. (REFER TO BUDGET AND FINANCE
COMMITTEE)
Award Annual Contract No. 89-131 to
Century Title for title reports in the
amount of $8,000.00 and authorize the
Mayor to execute the Contract.
Deleted.
Award Contract No. 89-132 to DO-DA
Electric for Jenkins Park Security
Lighting System, in the amount of
$12,875.00, reject other bids and
authorize the Mayor to execute the
Contract.
Award Contract No. 89-133 to
Karleskint-Crum, Inc., for Jenkins Park
Landscape Irrigation System in the amount
of $19,615.00, reject all other bids and
authorize the Mayor to execute the
Contract.
Bakersfield, California, May 31, 1989 Page 10
Upon a motion by Councilmember DeMond, Items a, b, c,
d, e, f, g, h, i, j, k, 1, m, o and p of the Consent Calendar
were adopted, with the deletion of Item n, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond,
McDermott, Salvaggio
None
None
None
Ratty, Peterson,
ACTION ON BIDS
Approval of Annual Contract No. 89-134, with
Central California Concrete Coring Company,
Inc., for Removal of Striping and Pavement
Marking.
Upon a motion by Councilmember Ratty, the low bid from
Central California Concrete Coring Company, Inc., in the amount
not to exceed $40,000.00 was accepted and the Mayor was
authorized to execute the Contract.
Approval of Annual Contract No. 89-135, with
Canoga Cameras, for Camera Film Stock for
City use.
Upon a motioa by Councilmember DeMond, the low bid from
Canoga Cameras in the amount of $36,700.74 was accepted, thE!
other bid rejected, and the Mayor was authorized to execute the
Contract.
Approval of Agreement No. 89-136, with E & S
Electrical Contractors, for traffic signal
systems on Manning Street at Ming Avenue and
Ashe Road at Club View Drive.
Upon a motion by Councilmember Peterson, the low bid
from E. & S. Electrical Contractors in the amount of $131,853.15
was accepted, the other bids rejected, and the Mayor was
authorized to execute the Contract.
Award of Contract No. 89-137 to Micon
Construction for the Construction of a
Masonry Wall on ~cCleary Way.
Upon a motion by Councilmember Salvaggio, the bid for
Alternate B from Micon Construction in the amount of $7,800.00
was accepted, the other bid rejected, and the Mayor was
authorized to execute the Contract. ~
DEFERRED BUSINESS
Adoption of Ordinance No. 3228 of the Council
of the City of Bakersfield amending
Section 3.70.040, and amending
Section 14.12.380 of the Bakersfield
Municipal Code relating to the Cost/Service
Centers for Recovery of Costs rela~ing to
Municipal Code Enforcement Reinspecttons and
Sanitary Sewer Services.
This Ordinance was given first reading at the meeting
of May 17, 1989.
Bakersfield, California, May 31, 1989 - Page 11
Upon a motion by Councilmember Ratty, Ordinance
No. 3228 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, DeMond, Ratty,
McDermott, Salvaggio
None
Councilmember Anthony
None
Peterson,
Adoption of Ordinance No. 3229 of the Council
of the City of Bakersfield amending
Section 2.04.070 of the Bakersfield Municipal
Code relating to Council Order of Business.
This Ordinance was given first reading at the meeting
of May 17, 1989, with Legislative Committee Report No. 3-89.
Upon a motion by Councilmember DeMond,
No. 3229 of the Council of the City of Bakersfield was
the following roll call vote:
Ordinanc~
adopted by
Ayes: Councilmembers Smi th, Demond, Ratty, Peterson,,
McDermott, Salvaggio, Anthony
Noes: None
Abstain: None
Absent: None
Adoption of Ordinance No. 3230 of the Council
of the City of Bakersfield amending
Section 17.06.020 of Chapter 17.06 (Zoning
Map) of the Municipal Code of the City of
Bakersfield regarding prezoning of property
known as the Stine No. 6 Annexation (WARD 6).
This Ordinance was given first reading at the meeting
of May 17, 1989.
Upon a motion by Councilmember McDermott, Ordinance
No. 3230 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, De Mond, Ratty,
McDermott, Salvaggio
None
Councilmember Anthony
None
Peterson,~
NEW BUSINESS
First Reading of an Ordinance of the Council
of the City of Bakersfield establishing Sewer
Connection Charges for Fiscal Year 1989-90.
The sewer connection charge for a typical single family
home will increase from $781.00 to $900.00. This increase
completes a planned two-year program to increase connection
charges from $662.50 to $900.00. The increase is necessary due
to the debt service requirements for expansion of Wastewater
Treatment Plant No. 3.
A hearing date has been set on this matter for June 28,
1989, to precede adoption of this Ordinance.
Bakersfield, California, May 31, 1989 Page 12
Adoption of Resolution No. 73-89 of the
Council of the City of Bakersfield specifying
that, unless excluded by Council, all
portions of the proposed Stockdale No. 13
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 (WARD 4).
This Resolution sets the date of protest hearing for
July 12, 1989.
Upon a motion by Councilmember Ratty,
No. 73-89 of the Council of the City of Bakersfield
by the following roll call vote:
Resolution
was adopte~
Ayes: Councilmembers Smith, Anthony, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty, Peterson,
Upon a motion by Councilmember McDermott, the reading
of an abbreviated version of the next twelve items by City Clerk
Williams was approved by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond,
McDermott, Salvaggio
None
None
None
Ratty, Peterson,
Adoption of Resolution of Intention No. 1059
of the Council of the City of Bakersfield
declaring its intention to establish
Maintenance District No. 21 (Rosedale).
This Resolution sets the date of protest hearing for
June 14, 1989.
Upon a motion by Councilmember Ratty, Resolution of
Intention No. 4059 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond, Ratty,
McDermott, Salvaggio
None
None
None
Peterso~l,.
Adoption of Resolution No. 74-89 of the
Council of the City of Bakersfield
preliminarily adopting, confirming and
approving the Report of the Public Works
Director; appointing time and place for
hearing protests to the proposed District,
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. 1059,
Maintenance District No. 21, Rosedale).
Bakersfield, California, May 31, 1989 - Page 13
Upon a motion by Councilmember Ratty, Resolution
No. 74-89 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, De Mond, Ratty,
McDermott, Salvaggio
None
Councilmember Anthony
None
Peterson,
Adoption of Resolution of Intention No. 1060
of the Council of the City of Bakersfield
declaring its intention to establish
Maintenance District No. 22 (Fruitvale).
This Resolution sets the date of protest hearing for
June 14, 1989.
Upon a motion by Councilmember Ratty,
Intention No. 1060 of the Council of the City of
adopted by the following roll call vote:
Resolution of
Bakersfield was
Ayes: Councilmembers Smith, Anthony, DeMond, Ratty, Peterson,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Adoption of Resolution No. 75-89 of the
Council of the City of Bakersfield
preliminarily adopting, confirming and
approving the Report of the Public Works
Director; appointing time and place for
hearing protests to the proposed District,
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. 1060,
Maintenance District No. 22, Fruitvale).
Upon a motion by Councilmember Ratty,
No. 75-89 of the Council of the City of Bakersfield
by the following roll call vote:
Resolution
was adopted
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, DeMond, Ratty,
McDermott, Salvaggio
None
Councilmember Anthony
None
Peterson,
Adoption of Resolution of Intention No. 1061
of the Council of the City of Bakersfield
declaring its intention to establish
Maintenance District No. 23 (Old River).
This Resolution sets the date of protest hearing for
June 14, 1989.
Upon a motion by Councilmember Ratty, Resolution of
Intention No. 1061 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty, Peterson,
Bakersfield, California, May 31, 1989 - Page 14
Adoption of Resolution No. 76-89 of the
Council of the City of Bakersfield
preliminarily adopting, confirming and
approving the Report of the Public Works
Director; appointing time and place for
hearing protests to the proposed District,
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. 1061,
Maintenance District No. 23, Old River).
Upon a motion by Councilmember McDermott, Resolution
No. 76-89 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond, Ratty, Peterson,.
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Adoption of Resolution of Intention No. 1062
of the Council of the City of Bakersfield
declaring its intention to establish
Maintenance District No. 24 (Buena Vista).
This Resolution sets the date of protest hearing for
June 14, 1989.
Upon a motion by Councilmember McDermott, Resolution of
Intention No. 1062 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty, Peterson,
Adoption of Resolution No. 77-89 of the
Council of the City of Bakersfield
preliminarily adopting, confirming and
approving the Report of the Public Works
Director; appointing time and place for
hearing protests to the proposed District,
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. 1062,
Maintenance District No. 24, Buena Vista).
Upon a motion by Councilmember Smith, Resolution
No. 77-89 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond, Ratty,
McDermott, Salvaggio
None
None
None
Peterson,
l?
Bakersfield, California, May 31, 1989 - Page 15
Adoption of Resolution of Intention No. 1063
of the Council of the City of Bakersfield
declaring its intention to establish
Maintenance District No. 25 (Rio Bravo).
This Resolution sets the date of protest hearing for
June 14, 1989.
Upon a motion by Councilmember McDermott, Resolution of
Intention No. 1063 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond, Ratty,
McDermott, Salvaggio
None
None
None
Peterson,.
Adoption of Resolution No. 78-89 of the
Council of the City of Bakersfield
preliminarily adopting, confirming and
approving the Report of the Public Works
Director; appointing time and place for
hearing protests to the proposed District,
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. 1063,
Maintenance District No. 25, (Rio Bravo).
Upon a motion by Councilmember Smith,
No. 78-89 of the Council of the City of Bakersfield
by the following roll call vote:
Resolution
was adopted
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond,
McDermott, Salvaggio
None
None
None
Ratty, Peterson,
Adoption of Resolution of Intention No. 1064
of the Council of the City of Bakersfield
declaring its intention to establish
Maintenance District No. 26 (Oswell).
This Resolution sets the date of protest hearing for
June 14, 1989.
Upon a motion by Councilmember Smith, Resolution of
Intention No. 1064 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond, Ratty,
McDermott, Salvaggio
None
None
None
Peterson,
Bakersfield, California, May 31, 1989 - Page 16
Adoption of Resolution No. 79-89 of the
Council of the City of Bakersfield
preliminarily adopting, confirming and
approving the Report of the Public Works
Director; appointing time and place for
hearing protests to the proposed District,
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. 1064,
Maintenance District No. 26 Oswell).
Upon a motion by Councilmember Smith, Resolution
No. 79-89 of the Council of the City of Bakersfield was adopted[
by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond,
McDermott, Salvaggio
None
None
None
Ratty, Peterson,
Approval of Attorney Retainer Agreement
No. 89-138 between Kane, Ballmer & Berkman,
City of Bakersfield and Central District
Development Agency for legal services in the
case of Berry Construction, Inc. vs.
Bakersfield Convention Center Hotel, et al.
Upon a motion by Councilmember DeMond,
No. 89-138 was approved and the Mayor was authorized
the Agreement.
Agreement
to execute
Approval of Attorney Retainer Agreement
No. 89-139 with Jerome Marc Behrens for legal
services in the case of John Foster vs. City
of Bakersfield.
Upon a motion by Councilmember Salvaggio, Agreement
No. 89-139 was approved and the Mayor was authorized to execute
the Agreement.
Approval of Agreement No.
Wasco for Assignment of
(FAU) Funds.
89-140 with City of
Federal Aid Urban
Upon a motion by Councilmember McDermott, Agreement
No. 89-140 was approved and the Mayor was authorized to execute
the Agreement.
Approval of Pipeline License Agreement
No. 89-141 with Mobil Oil Corporation to
continue operating its 6-inch pipeline and
appurtenances within the City limits for 20
years.
Upon a motion by Councilmember
No. 89-141 was approved and the Mayor was
the Agreement.
Salvaggio, Agreement
authorized to execute
Approval of Freeway Agreement No. 89-142 with
State of California, Department of
Transportation, for portions of Freeway 99.
Upon a motion
No. 89-142 was approved
the Agreement.
by Councilmember McDermott, Agreement
and the Mayor was authorized to execute
Bakersfield, California, May 31, 1989 - Page 17
Approval of Agreement No. 89-143 with County
of Kern regarding Beach Park property and
acceptance of revised Quitclaim Deed.
Upon a motion by Councilmember DeMond, Agreement
No. 89-143 was approved and the Mayor was authorized to execute
the Agreement was approved by the following roll call vote:
LAFCO referral for expansion of County
Service Area No. 11 to provide street lights.
Upon a motion by Councilmember Salvaggio, the Planning
Director was authorized to inform LAFCO that the City of
Bakersfield could provide street light service to this area and
protests Annexation No. 2 for CSA No. 11.
Seven (7) appointments to the Citizens' Parks
and Recreation Committee.
Councilmember DeMond made a motion
appointments of Gina Romo, Ward 2, Mary Sawyer,
Goldsmith, Ward 4, to the Citizens' Parks
Committee. The motion was approved.
to confirm the
Ward 3, and Jack
and Recreatior~
One (1) vacancy on the Citizens Auditorium
Committee due to the expiration of term by
Michael Serban, term expired January 3, 1989.
(4-year term) (RATTY)
Upon a motion by Councilmember Ratty. this item was
deferred to the next meeting.
COUNCIL STATEMENTS
Upon a motion by Councilmember Salvaggio, the issue of
cogeneration plants was considered as a matter that arose after
the agenda was prepared and required action at this meeting.
Councilmember Salvaggio spoke regarding a hearing to
require CUP for cogeneration plants.
Councilmember DeMond made a motion to request staff to
prepare and send a letter in support of County ordinance
regarding cogeneration plants. The motion was approved.
Councilmember Salvaggio requested Council receive
copies of the LA Times article regarding cogeneration air
quality.
Bakersfield, California, May 31, 1989 - Page 18
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Peterson, the meeting was
adjourned at 9:20 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
kds