Loading...
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