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HomeMy WebLinkAbout05/17/1989 MINUTES CCBakersfield, California, May 17, 1989 Minutes of a Workshop of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 5:15 p.m., May 17, 1989. The meeting was called to order by Mayor Medders. City Clerk Williams called the roll as follows: Present: Absent: Mayor Medders, Councilmembers DeMond, Ratty, Peterson, McDermott, Salvaggio Councilmember Smith WORKSHOP VEHICLE TAKE HOME PROGRAM Chief Lewis made a presentation and explained the fol- lowing benefits: Taxpayers benefits - Cost Savings - Parking Construction - Major - Increased Visibility 8,256 per year or 4 officers hours Employee Benefits - Transportation - Available Equipment - Familiarity with Vehicle - Parking Management Benefits - Responsibility/Accountability - Recruitment Tool - Flexibility - Decreased Briefing 4,128 hours per year or two or more officers - Parking and Building Space CLOSED SESSION Closed Session pursuant to Government Code Section 54957, regarding Labor Negotiations with City of Bakersfield's Chief Negotiator Bill Avery for the Firefighters and Fire Supervisory Units. Closed Session pursuant to Government Code Section 54956.9(b) regarding Pending Litigation. Upon a motion by Councilmember Salvaggio, Council adjourned to the City Manager's Conference Room for Closed Session at 5:45 p.m. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned at 6:57 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK ~nd~ ~lclo Clerk of the Council of the City of Bakersfield, CA bz Bakersfield, California, May 17, 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 17, 1989. The meeting was called to order by Mayor Medders. The Invocation was provided by Frank Wooden, Pastor, First Assembly of God Church. The Pledge of Allegiance followed. City Clerk Williams called the roll as follows: Present: Mayor Medders, Councilmembers DeMond, Ratty, Peterson (seated at 7:01 p.m.), McDermott, Salvaggio Absent: Councilmember Smith MINUTES Upon a motion by Councilmember Salvaggio, Minutes of Special and Regular Meetings of April 26, 1989, were approved. the PRESENTATION Mayor Medders read and presented a Proclamation to Ed Schulz, Director of Public Works, City of Bakersfield, proclaim- ing May 21-27, 1989 as "NATIONAL PUBLIC WORKS WEEK." PUBLIC STATEMENTS Mr. Matthew Joseph Gaines, 2727 22rid Street, spoke regarding skateboarding and asked the Council to support a skate- board park in Bakersfield. (See Council Statements) Mr. Rich O'Neil, representing the Kern River Bike Path Committee and Kern River Bike Way Committee, 6600 Desmond Court, asked the Council to apply for Transportation Development Act (TDA) funding to be used to complete the Kern River Bike Path from Manor Street to Hart Park. Mr. O'Neil submitted a cover letter and sample petitions to the Council. Mr. Ron Brummett, Assistant Director, Kern COG, answered Council questions regarding the Kern River Bike Path. Councilmember Salvaggio asked that Kern COG review the funding possibilities for the bike path. Mr. Peter Brandon, Director of Operations, Golden Empire Ambulance, 11204 Cave Avenue, read the following letter regarding upcoming ambulance ordinance and rate fee schedule as follows: May 17, 1989 Dear Honorable Mayor and Councilmen, In December 1987, this council mandated an immedi- ate change in the ambulance dispatching system. The very next day, a temporary system was estab- lished which addressed the immediate concerns voiced by the council until a more complete plan could be developed. At that time, we identified several problems with this temporary system, but we were assured that further meetings were going to be held and there would be a better system developed. Bakersfield, California, May 17, 1989 - Page 2 Now, 17 months later, we are still operating under this "temporary system" and the same problems we identified in December of 1987 are occurring. This change in the ambulance dispatching system caused an immediate financial impact upon the ambulance providers. Our operating cost during the first twelve months alone rose over 32%. And during this same time period, we suffered actual reductions in financial reimbursement from government programs. While we believe there needs to be an increase in the rate schedule for ambulance service, there are certain issues which need to be identified and addressed prior to a rate schedule increase. It is our position, that by simply realigning the response zone boundaries, both ambulance providers will be able to provide a better service while operating in a more cost effective manner. This in turn would enable both providers to assist our com- munity by providing a professional prehospital care system while containing the cost for these services. We developed a proposal which identifies the cur- rent problems in our system and how we can achieve a better system. We respectfully request this council to refer this matter to your Budget and Finance Committee for further discussion and review. We firmly believe our proposed system will benefit our community and it is worthy of your time and consideration. Respectfully submitted, Peter W. Brandon Director of Operations received referred Upon a motion by Councilmember McDermott, correspondence from Mr. Peter Brandon, Golden Empire Ambulance, was to the Budget and Finance Committee. locating Facility Mr. William J. Easton, 7604 Calle Corta, spoke regarding a physical therapy office in the Courthouse Racketball and thanked the Council for their time. Mr. Paul Castro, Kern County Housing Authority, 525 Roberts Lane, spoke regarding tax exempt bond issue for first- time home buyers. Mr. Castro stated that the Housing Authority would like to request approval to apply for the City's 20 million allocation from the State and the City update the 1973 Cooperative Agreement to reflect what they are requesting. Upon a motion by Councilmember McDermott, the request for Cooperative Agreement update and request for Assignment of Bond Allocation was referred to the Urban Development Committee. HEARINGS This is the time set for a public hearing regarding amendment to the Land Use Ele- ment of the Bakersfield Metropolitan Area General Plan and proposed environmental documents concerning the following areas: Bakersfield, California, May 17, 1989 - Page 3 1. SEGMENT I: JOHN ANTONGIOVANNI requests to amend the Bakersfield Metropolitan Area General Plan. The amendment to the City's General Plan would change Low Density Residential to Commercial on 13.35 +/-acres and add Low Density and High Density Residential on 10.90 +/- and 7.30 +/-acres, respectively, for that site generally located along the southwest corner of Stine Road and Panama Lane. (Ward No. 6) 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 protests 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. 58-89 of the Council of the City of Bakersfield making findings, approving Negative Declaration and approving Segment I of proposed amendment to the Land Use Element of the Bakersfield Metro- politan Area General Plan (Land Use Amendment 1-89). Upon a motion by Councilmember McDermott, Resolution No. 58-89 of the Council of the City of Bakersfield making findings, adopting the Negative Declaration and approving General Plan Amendment, Segment I to the Land Use Element was adopted by the following roll call vote: Ayes: Councilmembers DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember Smith SEGMENT II: MATRIX LAND DEVELOPMENT requests to amend the Bakersfield Metropolitan Area General Plan to change the General Plan to Commercial Office and High Density Residential for a 19.53 acre site located at the southeast corner of Highway 178 and Fairfax Road. This is also the time set for a public hearing of an appeal by MATRIX LAND DEVELOPMENT of the Planning Commission's denial of a zone change from R-1 and R-2-D to 4.5 acres of C-2, 1.94 acres of C-O, and 13.01 acres of R-3 at the south- east corner of Highway 178 and Fairfax Road. This hearing has been duly advertised, posted and the property owners notified as required by law. Correspondence has been received from S.W. Hair Corporation, dated May 15, 1989, in opposition to the General Plan Amendment and appeal by Matrix Land Development. Bakersfield, California, May 17, 1989 Page 4 Mayor Medders declared the hearing open for public participation. Ms. Michell LaMoine, Simpson VanCuren Engineering, representing Matrix, spoke in support of the General Plan Amendment and outlined the past and present history of the project. Mr. Jim Redstone, representative of Matrix, spoke in support and requested the Council adopt the Negative Declaration and approve the General Plan Amendment zone change. Mr. Randy Rudnick, 201 Filbert Street #402, San Francisco, President, Matrix Land Development, spoke in support of the General Plan Amendment. Mr. Allen Kline spoke in opposition of the appeal and asked the Council to uphold the decision of the Planning Commission. Mr. Bruce Bunker, 6509 Ridgeway Court, spoke in opposi- tion of the application by Matrix, the amendment to the General Plan and the zone change. Dr. Tom Armstrong spoke in opposition of the appeal. Ms. Kathleen Louroth stated they purchased their home with the understanding that the area across Fairfax would not change its zoning. Mr. Randy Rudnick spoke in rebuttal and presented a compromise if the City is willing to indemnify him against any damages, claims or liability associated with building R-1 housing. Alternatively, if the City is willing to amend the noise element he will build R-1 housing. With the current zoning he cannot build R-1 housing. His compromise would be to drop the zone change for the commercial office to allow the existing land that is zoned R-2 to remain R-2 and request the City adopt a com- promise amendment to the motion and recommend the commercial zone. No further protests or objections being received, and no one else wishing to speak in favor, Mayor Medders closed the pub- lic portion of the hearing for Council deliberation and action. Councilmember McDermott, made a motion to adopt Resolution No. 59-89 of the Council of the City of Bakersfield denying the proposed Negative Declaration, and General Plan Amendment and appeal of denial for Zone Change No. 4829. A lengthy discussion followed. Councilmember Peterson made a substitute motion to adopt the Negative Declaration; deny the General Plan Amendment and zone change to commercial office at the southeast corner of Fairfax Road and Valley View Drive; approve the General Plan Amendment request for high density residential for the site south of Valley View Drive, including the portion requested for office; approve the General Plan Amendment to commercial north of Valley View Drive; deny the zone change to R-3 and C-2; approve a more restrictive zone change to C-1 on the commercial property and leave the existing R-2 zone on the remainder of the property. Councilmember Peterson amended his substitute motion to adopt the Negative Declaration; deny the General Plan Amendment and zone change to commercial office at the southeast corner of Fairfax Road and Valley View Drive; approve the General Plan Amendment request for medium density residential for the site south of Valley View Drive including the portion requested for Bakersfield, California, May 17, 1989 - Page 5 office; approve the General Plan Amendment to commercial north of Valley View Drive; deny the zone change to R-3 and C-2, but approve a more restrictive zone change to C-1 on the commercial property and leave the existing R-2 zone on the remainder of the property; and put the restrictions that were required on the pre- vious hearing before the Planning Commission with regards to traffic lights and other requirements expected of all developers of property. Councilmember Peterson further amended his motion to bring this matter back to the Council with the conditions in writing so both the Council and the Developer understand what conditions are. the Councilmember Salvaggio made a motion to call for the question. The motion failed. Councilmember Peterson's substitute motion to bring the issue of the written conditions back to the Council failed by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmember Peterson Councilmembers DeMond, Ratty, None Councilmember Smith McDermott, $alvaggio Adoption of Resolution No. 59-89 of the Council of the City of Bakersfield making findings, denying Negative Declaration and approving Segment I of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 1-89). Councilmember McDermott's motion to adopt Resolution No. 59-89 of the Council of the City of Bakersfield denying the pro- posed Negative Declaration, and General Plan Amendment and appeal of denial for Zone Change No. 4829 was approved by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Ratty, Councilmember Peterson None Councilmember Smith McDermott, Salvaggio This is the time set for public hearing before the Council of the City of Bakers- field on Resolution of Intention No. 1058 declaring its intention to order the vacation of a portion of the alley in Block 323, northwesterly of "H" Street and A.T. & S.F. Railroad in the City of Bakersfield. This hearing has been duly advertised, posted and the property owners notified as required by law. Correspondence has been received on May 17, 1989, from California Water Service Company stating their objection to the vacation of a portion of the alley due to their water facilities. Mayor Medders declared the hearing open for public participation. Mr. Emil Schaub, California Water Service, stated if there is a 20 foot easement they would not object to the vacation of the alley in Block 323. Public Works Director Schulz stated that a 20 foot ease- ment was being reserved for California Water Service. Bakersfield, California, May 17, 1989 - Page 6 4a 7 No further protests 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. 60-89 of the Council of the City of Bakersfield ordering the vacation of a portion of the alley in Block 323, northwesterly of "H" Street and A.T. & S.F Railroad in the City of Bakersfield. Upon a motion by Councilmember DeMond, Resolution No. 60-89 of the Council of the City of Bakersfield ordering the vacation of a portion of the alley in Block 323, northwesterly of "H" Street and A.T. & S.F. Railroad was adopted by the following roll call vote: Ayes: Councilmembers DeMond, Ratty, Peterson, McDermott, Salvaggio None None Councilmember Smith Noes: Abstain: Absent: This is the time set for a 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 has been duly advertised, posted and the property owners notified as required by law. Mayor Medders declared the hearing open for public participation. James H. Childs requested the Council grant a continu- ance of this hearing to May 31 or June 14. Upon a motion by Councilmember DeMond, the public hear- ing to consider an appeal by James H. Childs was continued to the meeting of May 31, 1989. REPORTS Councilmember Ratty, Chairperson of the Budget and Finance Committee, read Report No. 20-89 regarding Liability Claims Settlement Authority as follows: The Budget and Finance Committee met on April 19, 1989, to discuss settlement of liability claims. Previously, the staff had requested that the Council Committee review current practices and if considered appropriate, amend the Resolution specifying settlement authority (Resolution No. 47-82). Government Code Section 935.4 requires Council approval for settlement of liability claims above $20,000 but allows the Council to delegate settle- ment authority below that amount. Currently, the City Attorney and Risk Management Division settle claims below $20,000. This proposal will formalize such practices: Bakersfield, California, May 17, 1989 - Page 7 LIABILITY CLAIMS AUTHORITY A. PRIOR TO SERVICE OF SUMMONS AND COMPLAINT UP TO $10,000 RISK MANAGEMENT DIVISION $10,000 TO $20,000 JOINT AUTHORITY BETWEEN RISK MANAGEMENT AND THE CITY ATTORNEY'S OFFICE ABOVE $20,000 COUNCIL APPROVAL NEEDED PER GOVERNMENT CODE SECTION 935.4 B. AFTER SERVICE OF SUMMONS AND COMPLAINT UP TO $20,000 CITY ATTORNEY'S OFFICE ABOVE $20,000 COUNCIL APPROVAL NEEDED PER GOVERNMENT CODE SECTION 935.4 The Budget and Finance Committee concurs with the proposal. The Committee requests acceptance of this report and adoption of the Resolution on Settlement Authority for Liability Claims. Upon a motion by Councilmember Ratty, Budget and Finance Committee Report No. 20-89 was accepted. Adoption of Resolution No. 61-89 of the Council of the City of Bakers- field regarding Authorizing Settle- ment of Claims Against the City. Upon a motion by Councilmember Ratty, the recommenda- tions of Budget and Finance Committee Report No. 20-89 were implemented and Resolution No. 61-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers DeMond, Ratty, Salvaggio Noes: None Abstain: None Absent: Councilmember Smith Peterson, McDermott, Councilmember McDermott read Budget and Finance Committee Report No. 21-89 regarding Community Development Block Grant Budget and Application for Fiscal Year 1989-1990 as follows: Community Development Block Grant entitlement for FY 89/90 is $1,261,000. In addition, $325,000 in program income is available for expenditures in the upcoming program year. Therefore, the total amount available for Fiscal Year 89/90 is $1,586,000. The Budget and Finance Committee has reviewed the proposed budget summary with staff. This summary identifies major expenditures for housing, neigh- borhood revitalization and capital improvements such as the Bakersfield Senior Center and curb and gutter projects, as well as other personnel and operating costs. These expenditures represent on- going and new commitments to projects that will benefit low and moderate income neighborhoods. The Community Development Division received numer- ous requests for funding. The attached projects are being recommended for approval and submittal in the City's 1989/90 Community Development Block Grant Application. Bakersfield, California, May 17, 1989 - Page 8 Therefore it is recommended that the 1989/90 pro- posed budget be approved by the City Council and that staff be authorized to submit the 1989/90 CDBG Application to HUD for their approval. Upon a motion by Councilmember McDermott, Budget and Finance Committee Report No. 21-89 was accepted. Upon a motion by Councilmember McDermott, the rec- ommendations of Budget and Finance Committee Report No. 21-89 were implemented by the following roll call vote: Ayes: Councilmembers DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember Smith Councilmember Ratty, Chairperson of the Budget and Finance Committee, read Report No. 22-89 regarding Bakersfield Courthouse Racquetball Facility as follows: The Budget and Finance Committee has reviewed proposed changes to the existing ground lease for the Bakersfield Courthouse Racquetball Facility located in Beach Park. The pro- posed changes are related to the removal of the deed restriction by the County which was previously approved by the Council so a loan could be obtained to renovate the facility. The Committee and staff have met several times with Tim Gannon, the operator of the facility, to review the requested changes in the lease and to discuss Mr. Gannon's plans for improve- ments to the facility. Mr. Gannon would like to sublease a portion of the building for Sports Medicine Offices, sell racquetball memberships and reduce the number of racquetball courts available to the general public. He feels these changes to the lease are financially necessary for him to continue operating the facility. This Committee has reviewed the proposed lease with staff and has determined that the pro- posed changes are consistent with the best interest of the City in providing a public recreation facility within Beach Park. In order to remove the deed restriction, the County has requested an agreement with the City under which the City commits to using all revenue obtained by the City from the Courthouse lease for operating, maintaining or improving the remainder of Beach Park for public recreation purposes. Staff is pre- paring such an agreement and will bring it to the Council for approval. Therefore, this Committee recommends the changes to the Ground Lease be approved, and that once the County has approved the agree- ment which will remove the deed restrictions and co--it the City to using the revenues from the lease for Beach Park purposes and has executed the revised deed, and such deed has been recorded, the Mayor be authorized to execute the agreement that amends Agreement No. 76-110. Upon a motion by Councilmember Ratty, Budget and Finance Committee Report No. 22-89 was accepted. Bakersfield, California, May 17, 1989 - Page 9 Agreement No. 89-108, Amendment to Ground Lease Agreement No. 76-110, with the City and the Bakersfield Courthouse Racquetball/Handball Courts, (formerly William F. Burke, Dennis Kuttler, and Richard H. Beguelin). Upon a motion by Councilmember Ratty, the recommenda- tions of Budget and Finance Committee Report No. 22-89 were implemented, Agreement No. 89-108 was approved and the Mayor was authorized to execute the Agreement. Councilmember McDermott read Budget and Finance Committee Report No. 23-89 regarding the appropriation of for the Homeless Facility as follows: funds On March 19, 1989, the City Council approved the implementation of the completion of the homeless facility located at 1600 East Truxtun. At that time, $100,000 of CDBG funds was appropriated for completion of this project. In that same report, various funding sources were identified from the Stewart B. McKinney program funds from the County of Kern, Bethany Service Center and the State of California. To utilize the grants and other revenues we have received in Fiscal Year 1988-89, we must do the following: 1) Amend Agreement 88-43 with Kern County to increase the project funding to a total of $148,000. 2) Enter into an agreement with Bethany Service Center to utilize grant funds for construction of the homeless facility. Appropriate grants and revenues from the fol- lowing sources to the Community Development Budget: Fund Source Amount County Emergency Shelter Grant Funds Bethany Service Center Emergency Shelter Program Funds State of California Emergency Shelter Program Funds Cash Donations received from community $ 83,000 $ 91,962 $ 39,038 $ 10,000 $224,000 Therefore, it is recommended that the Report be accepted and that the Mayor be authorized to exe- cute the agreements with Kern County and Bethany Service Center and authorize the appropriation of $224,000 of grant funds and other revenues to the Community Development Budget. Upon a motion by Councilmember McDermott, Budget and Finance Committee Report No. 23-89 was accepted. Approval of Agreement No. 89-109, Amendment to Agreement No. 88-43, with the County of Kern for Emergency Shelter Grant Program Funds. Bakersfield, California, May 17, 1989 Page 10 50i Approval of Agreement No. 89-110 with Bethany Service Center for Emergency Shelter Grant Program Funds. Upon a motion by Councilmember McDermott, the recommen- dations of Budget and Finance Committee Report No. 23-89 were implemented, Agreement Nos. 89-109 and 89-110 were approved and the Mayor was authorized to execute the agreements and appropri- ate the following funding sources: 1. County Emergency Shelter Grant in the amount of $83,000. Bethany Service Center Emergency Shelter Grant in the amount of $91,962. State Emergency Shelter Grant Program in the amount of $39,038. 4. Other contribution revenue totaling $10,000. The motion was approved by the following roll call vote: Ayes: Councilmembers DeMond, Ratty, $alvaggio Noes: None Abstain: None Absent: Councilmember Smith Peterson, McDermott, Councilmember Ratty, Chairperson of the Budget and Finance Committee, read Report No. 24-89 regarding Sale of City Fire Station at Brundage Lane as follows: The Budget and Finance Committee has met to discuss the sale of the City fire station located at 790 East Brundage Lane. This station had been vacated several years ago due to the building condition and a site that is no longer central to the response district. In accordance with Committee Report No. 22-88 directing the negotiated sale of the Brundage Lane station and the fire station at 4th and "L" Streets, the staff advertised for bids on December 28, 1988. At that time, the City received only one bid for the Brundage Lane station which was subsequently switched to the 4th and "L" Streets station. The City has now received a bid of $56,200 from Mr. Freddie L. Thomas for the Brundage Lane station. A security deposit of $1,000 has been received. The Committee reviewed the $56,200 bid and compared it to the former $70,000 bid and a 1985 property appraisal which was double the bid price. Therefore, the Budget and Finance Committee recommends that the bid from Mr. Freddie L. Thomas be rejected and that the property remain on the market until an acceptable bid is received. The Budget and Finance Committee requests Council acceptance of this report and approval of its recommendations. Upon a motion by Councilmember Ratty, Budget and Finance Committee Report No. 24-89 was accepted. Upon a motion by Councilmember Ratty, the recommenda- tions of Budget and Finance Committee Report No. 24-89 were implemented. Bakersfield, California, May 17, 1989 - Page 11 Councilmember McDermott read Budget and Finance Committee Report No. 25-89 regarding Bakersfield Memorial Hospital - Hospital Revenue Bonds as follows: On April 26, 1989, the Council referred correspond- ence from Bakersfield Memorial Hospital requesting assistance in issuing tax-exempt bonds on behalf of Bakersfield Memorial Hospital to the Budget and Finance Committee for review. In 1984, the City issued $35 million in Bakersfield Memorial Hospital tax-exempt revenue bonds. The proceeds of that variable rate financing were used to construct the Hospital's new patient tower. The 1984 bond documents contained provisions to convert the debt to a fixed rate. Because of favorable long-term rates, the Hospital desires, at this time, to convert to a fixed rate. In addition, the Hospital would like to issue an additional $20 million in new fixed-rate bonds. The purpose of this new money issue would be to reim- burse the Hospital for certain completion costs of the tower project and to pay for additional reno- vation projects. It should be noted that since the bonds are revenue bonds payable only from the Hospital's revenues, the City incurs no liability from acting as a conduit in this transaction. Because current financial markets are very favor- able, and the Hospital would like to act on this matter in a timely manner, the City has noticed a hearing for May 31, 1989. This hearing is contin- gent upon confirmation by the Council that we proceed with the proposed issuance of the Hospital Revenue Bonds. As in the past, the City will receive a fee of four-tenths of one percent (4/10 of 1%) of the new bonds for Industrial Development purposes. Therefore, the Committee recommends that the Council authorize the conversion of $35 million in Bakersfield Memorial Hospital tax-exempt revenue bonds to a fixed rate, approve the issuance of an additional $20 million in new fixed rate bonds, and confirm the May 31, 1989 hearing date. Upon a motion by Councilmember McDermott, Budget and Finance Committee Report No. 25-89 was accepted with the following amendment: Therefore, the Committee recommends that the Council authorize the conversion of $35 million in Bakers- field Memorial Hospital tax-exempt revenue bonds to a fixed rate, confirm the May 31, 1989 hearing date for the purposes of reviewing the issuance of an additional $20 million in new fixed-rate bonds. Upon a motion by Councilmember McDermott, the recommen- dations of Budget and Finance Committee Report No. 25-89 were implemented as amended. Councilmember Ratty, Chairperson of the Budget and Finance Committee, read Report No. 26-89 regarding proposed Ordinance amending Bakersfield Municipal Code Section 3.70.040 (schedule of fees and service charges) amending Service Center S-73 Sanitary Sewer Service and adding Service Center S-6.1 Reinspection of Municipal Code Violations as follows: Bakersfield, California, May 17, 1989 Page 12 The Vice Mayor referred a proposed Ordinance amending section 3.70.040 of the Municipal Code, relating to the Cost/Service Centers for recovery of costs relating to Municipal Code enforcement reinspections and sanitary sewer services to the Budget and Finance Committee for review. The Committee has reviewed the proposed Ordinance which amends Section 14.12.380 of the Municipal Code, amends service center S-73 Sanitary Sewer Service and adds service center S-6.1 Reinspection of Municipal Code Violations. Sanitary Sewer Service was originally deleted from the revenue/cost comparison system since it was believed that the fees for that service were required to be passed by Ordinance passed by a two-thirds vote of the Council. However, the City Attorney has determined, based on a review of several cases, that since we are a Charter City this does not apply. We can now include Sanitary Sewer Service fees in the revenue/cost comparison system to conform with the rest of services the City provides. The Committee also requested a clarification of the basis for determining fixed asset replacement costs. A footnote has been included in the proposed Ordinance indicating that all fixed asset replacement costs are established on an historical basis. The additional Service Center for Reinspection of Municipal Code Violations is required to recover the costs associated with reinspections by City personnel for Municipal Code violations, primarily in the Building and Planning Departments. These reinspections would occur as part of the enforcement of various Codes relating to abandoned vehicles, litter, substandard housing and property maintenance. During our review of the proposed Ordinance, staff indicated that since the phased implementation of the service centers was complete, it would be appropriate to review all service centers. Further, some service centers were not being implemented due to various reasons, such as the need to form main- tenance or assessment districts, etc. Therefore, we have requested that staff prepare a report of these service centers for the Committee to review and make recommendations. After review of the Ordinance and discussion with staff, the Committee recommends that the proposed Ordinance be given first reading. Upon a motion by Councilmember Ratty, Budget and Finance Committee Report No. 26-89 was accepted. First Reading of an Ordinance of the Council of the City of Bakersfield amending Section 3.70.040, and repealing Section 4.12.380 of the Bakersfield Municipal Code relating to the Cost/Service Centers for Recovery of Costs relating to Municipal Code Enforcement Reinspections and Sanitary Sewer Services. Bakersfield, California, May 17, 1989 Page 13 Upon a motion by Councilmember Ratty, the recommenda- tions of Budget and Finance Committee Report No. 26-89 were implemented and First Reading given to an Ordinance of the Council of the City of Bakersfield amending Section 3.70.040, and repealing Section 4.12.380 of the Bakersfield Municipal Code relating to the Cost/Service Centers for Recovery of Costs relat- ing to Municipal Code Enforcement Reinspections and Sanitary Sewer Services. Councilmember DeMond, Chairperson of the Legislative Committee, read Report No. 3-89 regarding Request for Changes in Council Order of Business as follows: On April 19, 1989, the Vice Mayor referred to the Legislative Committee a request from staff to have approval of minutes of Council meetings placed under the consent calendar section of the Council agenda. It was felt that the consent calendar would be the most appropriate location for the minutes. The members of the Committee have discussed the issue and feel that locating the consent calendar immediately following public statements would have streamlining advantages. It will allow the minutes of the previous meeting to be approved before new business is conducted and, more importantly, it will allow persons attending the Council meeting for consent calendar items to have their business speedily concluded. The Legislative Committee recommends the City Council accept this report, implement its recommendations, and adopt the ordinance to reflect these changes. Upon a motion by Councilmember DeMond, Legislative Committee Report No. 3-89 was accepted. First Reading of an Ordinance of the Council of the City of Bakersfield amending Section 2.04.070 of the Bakers- field Municipal Code relating to Council Order of Business. Upon a motion by Councilmember DeMond, the recommenda- tion of Legislative Committee Report No. 3-89 were implemented and First Reading given to an Ordinance of the Council of the City of Bakersfield amending Section 2.04.070 of the Bakersfield Municipal Code relating to Council Order of Business. Councilmember DeMond, Chairperson of the Legislative Committee, read Report No. 4-89 regarding Special Election/Interim Appointment Issues for Ward 1 as follows: At its meeting of April 26, 1989, the City Council referred to the Legislative Committee the issues of when to hold the Special Election for Ward 1 and whether to make an interim appointment, with a report back to Council by May 17. The Legislative Committee has met to discuss the issues and receive input from community representatives. 1) Based on the City Attorney's opinion, the City must hold the Special Election for Ward 1 at the same time as the General Election on November 7, 1989. This legal interpretation is based on the City Charter, the State Govern- ment Code, and the City's Municipal Code. The Committee recommends that when applicants file Bakersfield, California, May 17, 1989 Page 14 for Special Election candidacy, the City Clerk provide them with written information that the Special Election and the General Election will be held the same day and that the winner of the Special Election, after being sworn in, will only serve until the General Election winner is sworn in that same evening. 2) It is the Legislative Committee's unanimous feeling that it is in the best interests of the citizens of Ward 1 and of the City that the City Council make an interim appointment to fill the vacant seat. Leaving the seat vacant for six months until the Special Election would be detrimental to Ward 1, which would be without representation during upcoming budget and 2010 General Plan hearings. The appointee must be a resident and registered voter of Ward 1. An issue critical to members of the Committee was whether applicants for the interim appointment should or should not be persons who have committed not to run for the Ward 1 Council seat at the November 7 General Election. Concerns focused on whether a temporary appointee would have an unfair advantage over other candidates at the November General Election, whether the Council should appoint someone who had expressed an interest in running for the election, and whether a qualified candidate should be excluded from consideration for wishing to run for the election while willing to serve in the interim position. Members of the Committee agree that the best interests of the Ward may be served by having the appointee serve only as an individual who is willing to commit publicly to not running for the Ward 1 seat at the November General Election. Committee members differ as to whether or not interim appointee applicants who state they are planning to run for office in the November election should be eliminated from consideration. Committee member Salvaggio feels strongly that interim appointment applicants who intend to run in the November General Election should be automatically eliminated from consideration for interim appointment. Committee member McDermott and Committee chair DeMond feel that each Councilmember should decide individually whether running for office in November disqualifies the applicant. This concern should be noted by the full Council when making its decision on an interim appointment. The Legislative Committee believes that the process should be public and therefore further recommends that the City Council publicly announce it proposes to appoint an interim Councilperson for Ward 1 from applications accepted from Ward 1 residents. Applicants will be required to fill out a form, Application for Interim Council Appointment, which will be available from the City Clerk's Office beginning May 18 (Exhibit "A"). The form must be filled out and returned to the City Clerk's Office no later than 5:00 p.m., Thursday, May 25, to be considered for the appointment. Applicants will be expected to make an oral presentation not to exceed three minutes at the May 31 meeting as part of their application. Prior to applicant presentations, the Mayor will ask each candidate if he/she plans to run for the Ward 1 Council seat in November. Bakersfield, California, May 17, 1989 - Page 15 The Committee recommends that the City Council early on the agenda review all applications for interim appointment and make their decision at the May 31 meeting, which is the Charter deadline for making such an appointment. Upon Council appointment, the appointee will be sworn in and take the Ward 1 Council seat, which will remain his/hers until the results of the Special Election/General Election are certified on November 29. The Legislative Committee recommends that Council accept this report and implement its recommendations immediately. Upon a motion by Councilmember DeMond, Legislative Committee Report No. 4-89 was accepted as amended. Councilmember DeMond stated that the written portion of the application for interim council appointment must be received by the City Clerk's Office no later than 5:00 p.m., Thursday, May 25, 1989, for an applicant to be considered for appointment. Public Statements regarding the First Ward interim appointment were heard at this time. Mr. Philip Foley, Chairman of Democratic Central Committee, 3419 Kaibab Avenue spoke regarding a resolution con- cerning election or appointment in Ward 1. He stated that their position is in support of an immediate Special Election for City Councilperson. Ms. Jan VanHook, 2800 "K" Street, representing Friends and Voters of the First Ward, spoke regarding the issue, "Can the Council appoint an interim after a valid petition seeking a Spe- cial Election has been filed? If so, when must this interim appointment of the Council be made?" Upon a motion by Councilmember Salvaggio, Ms. Jan VanHook was allowed an additional three minutes to speak. Mr. Tim Chandler, 2800 "K" cial Election/Interim Appointment." should look beyond the City Charter date for setting a Special Election. Street, spoke regarding "Spe- He stated that the Council because there is no specific Mr. Vernon Strong, 301 11th Street, spoke regarding Ward 1. He stated he has contacted residents of Ward 1 and each resi- dent he contacted signed his petition in support of appointing a representative as soon as possible. He asked the Council to accept and implement the recommendations of the Legislative Committee Report as soon as possible. Mr. Lynn Edwards, 531 9th Street, asked the Council to support the recommendation of the Legislative Committee Report and submitted petitions requesting an appointment be made for the First Ward until the election in November. Ms. Earnestine Harper, 527 T Street, read a prepared statement for the record as follows: When it became apparent that the trumpt up charges leveled against Councilman James Childs, Councilman for Ward One. The disgraceful fiasco called a fair trial, his conviction and sentencing would probably result in his removal from the Council seat. Voters of Ward One went to City Officials in good faith seeking ways in which we may legally have a part in filling the vacancy if such occurred, and it did. Although, wrongfully done, Councilman Childs vacated his seat on the Council as a result Bakersfield, California, May 17, 1989 Page 16 of the wrongful charges brought against him, wrongful conviction and wrongful sentencing. messy step of his case was wrong. Every The people are calling for an investigation into this case and others like it, and many other wrongful uses of the peoples court system parading under the guise of law and order. The people are calling on the Attorney General in this state and have the good intention of going all the way up through the chain of command to the President of the United States, if need be. When we went to the City Officials we were told that we had an option to call for a special election if we could meet all requirements and deadlines in order to have an election by August 15th or the City Council could appoint an interim Councilman for the remaining time before the General Election. Voters opted to call for a special election saying so in a public meeting at 530 4th Street that we could and would meet all requirements set forth in the City Charter and did, indeed meet those requirements for the special election. The voters took 110 petitions, a total of 1,025 signatures of people who wanted a special election to the City Clerk's Office to be counted. To our astonishment the City Clerk, Carol Williams, informed us that we had an option--we no longer had an option for a special election in August. She said that the special election would be consolidated with the general election. We went to the City Attorney's Office and spoke with the City Attorney, Art Saalfield, inquiring of him as to the meaning of such a state- ment coming from the City Clerk. We received no satisfactory answers from him. He said that what we were told was probably true, but he would give us his answer tomorrow after he studied a state code. We asked for the code and was given a code that did not refer to the information we sought. What is being done is unconstitutional in trying to deny us our constitutional right to vote for ourselves some of us know how important the vote is and what it means because we were denied the right to vote for so long because we were told we were one/fifth human beings and doesn't have any rights. They are still saying that we don't count and don't have any rights. One thousand twenty-five petitioners don't count they're saying not what they want counts. Only what the City officials want. They say we will vote for you and will appoint an interim councilman of our choice not yours. The bottom line is it has always been about who they want to put in the vacated council seat during the interim period and in the November General Election. As well, in their eyes we are just a bunch of low class, low income low grade, that have never counted and they do their best to keep us in that low bracket. Forcing us out of the competitive high paying jobs and business market. Wake up Bakersfield, it matters not what is said or done here tonight, or any other time, not what is said in a very bias newspaper, TV station which tell only one side of the story. Nothing is going to stop our program. We the people have begun a process Bakersfield, California, May 17, 1989 - Page 17 to turn this city upside down and sweep it clean of those who want to live and pursue happiness but don't want others to have that same right. Many people are hurting in Bakersfield and they are crying because of repression, harassment, threats forced off of their jobs, forced out of the city and many other injustices. But, as long as one person is hurting and crying, I am hurting and crying too, and with the help of almighty God and along with other people those others who are hurting also, we will no longer be silent and allow evil to rule the day. If it means recalling some officials, then so be it. We are asking the City Council along with other city officials to give an accounting to the people of rumored bad management, managing practices of bad deals resulting in millions of dollars of loss to the city. We are prepared to go to court if need be. Since we are all interested in saving money for the city, all people count, and we the people will prove it to the whole world. Ms. Sharon Owens stated that she did lead the petition drive for Ward One Special Election. Mixed signals have been forwarded to the City of Bakersfield and there is a power strug- gle in Ward One. They don't want to split up the Ward politically. They want to move forward and clean up the neighborhood. She asked the Council to accept their legal posi- tion and accept the fact that the Council has the discretion to hold a Special Election in August. She feels that the will of the people should be implemented and they do not need appointed leaders. Hal Aaron, the First Ward that seat and stated his Council. So. Oleander, feels that there are people are capable of filling the vacant council support for an interim appointment by the Mr. Wesley Crawford, 410 Donna, stated that there are constitutional laws that govern everything else. Why can't it govern Kern County and Bakersfield. Mr. A.J. Morales, 2624 Earlene Avenue, Ward 7, stated that he supports the Friends and Voters of Ward One. He doesn't want to have to go back in history by not being given the right to vote. He feels the residents in Ward One acted in good faith when petitioning for a Special Election. He asked the Council to listen to the voices of the First Ward. Mr. Marvin Dean stated that the representation by the Council as a whole. a Special Election for Ward One. First Ward has council He spoke in support of Upon a motion by Councilmember DeMond, the recommenda- tions of Legislative Committee Report No. 4-89 were implemented. The a. CONSENT CALENDAR following items were listed on the Consent Calendar: Approval of Warrant Nos. 8288 to 8936 inclusive, in the amount of $2,805,820.10. Bakersfield, California, May 17, 1989 - Page 18 503 Communications: 2 o o o Communication from Bryan Batey, Batey Development, Inc., dated April 7, 1989, requesting an amendment to the Rancho Laborde Specific Plan. (RECEIVE AND REFER TO PLANNING COMMISSION) 10. Communication from Donna Warneke, Vice Principal, Longfellow School, 12 Lincoln Street, dated April 27, 1989, requesting a feasibility study to make Stockton Street between Bernard and Lincoln Street, a one-way street. (RECEIVE AND REFER TO PUBLIC WORKS TRAFFIC DIVISION) Communication from Greg Collins, Mayor, City of Visalia, dated April 27, 1989, regarding San Joaquin Valley Air Quality Study and request for financial assistance. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) Communication from Dennis Needham, City Fire Chief, dated May 3, 1989, regarding community-wide disaster planning session held on April 19, 1989. (RECEIVE AND REFER TO INTERGOVERNMENTAL RELATIONS COMMITTEE) Communication from Marvin Dean, First Ward resident, received May 9, 1989, withdrawing his name for consideration as an interim appointment to Ward 1 and requesting Council schedule a Special Election at the earliest possible date. (RECEIVE AND REFER TO LEGISLATIVE COMMITTEE) Conununication from Barton Meays, Kern Council of Governments, dated April 25, 1989, regarding Environmental Impact Report for Intermodal Transportation Terminal Project. (RECEIVE AND REFER TO URBAN DEVELOPMENT COMMITTEE) Communication from the Greater Bakersfield Convention and Visitors Bureau regarding Amendment to Agreement No. 88-235 relative to the Visitor Center. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) Communication from the Greater Bakersfield Convention and Visitors Bureau regarding renewal of Agreement No. 88-225 with the City. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) Communication from the Downtown Business Association regarding proposed 1989-90 Downtown Improvement District Budget. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) Communication from Hall Ambulance Service, 1001 21st Street, dated May 9, 1989, requesting review of ambulance rates. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) Bakersfield, California, May 17, 1989 - Page 19 c. Dedication of Properties: Individual Grant Deed, Grant of Easement (Sewer Pipeline), Grant of Easement (Drainage Facilities) and Street Right of Way Deed from Eugene Nalbandian, Berge Kirkorian and Jessie Kirkorian. Public Utility Easement from East Hills Annex to the City and Quitclaim Deed from the City to East Hills Annex. Maps and Improvement Agreements: Agreement No. 89-111 with California Harvest Shops, Inc., for Tract 5041 for 70 lots on 22.51 acres located at the northeast corner of Pin Oak Park Boulevard and South Laurelglen Boulevard. Agreement No. 89-112, Tract 4859, Phase I and Phase II for 95 lots on 15.109 acres located east of Miramonte Drive and south of Highway 178. Notices of Completion and Acceptance of Work for the following: Concrete block pumphouse for Laborde Water Well No. L201, Contract No. 88-255, was completed on April 20, 1989. Tract No. No. 88-15, 1989. 4578 - Units C & D, Contract was completed on April 19, Traffic signal on District Boulevard at Stine Road, Contract No. 88-273, was completed on May 3, 1989. Approval of Plans and Specifications for: 1. Clarifiers scum box modification of Wastewater Treatment Plant No. 2. West Storage Reservoirs levee repair of Wastewater Treatment Plant No. 2. Monitor Park irrigation system, security lighting system and storm drain extension. Contract Change Orders: Change Order No. 1, Contract No. 88-134, with Drainage Construction Company for construction of sewer Assessment District 87-3. Change Order No. 1, Contract No. 89-4, with Griffith Construction Company for construction of traffic signal system on Ming Avenue at Valhalla Drive and median modifications on Ming Avenue. Change Order No. 1, Contract No. 89-55, with Gilliam and Sons for removal and disposal of sludge in Aerated Lagoon No. 1 at Wastewater Treatment Plant No. 2. Bakersfield, California, May 17, 1989 - Page 20 h. Requests for Extensions of Time from: Oceanic Communities, Inc., to extend the completion date for Improvement Agreement No. 87-84 to April 22, 1990. ATC Realty Five, Inc., to extend the completion date for Improvement Agreement No. 88-148 to June 1, 1990. Homestead Land Development Corporation to extend Improvement Agreement Nos. 85-53 and 87-68 for Tracts 4734, Units 3 and 4 to April 10, 1990. Agreement No. 89-113, Acceptance of Conveyance of water wells and related facilities located in the City's "2,800 Acres" from Olcese Water District. Agreement No. 89-114, request from the Hahn Company for release from Declaration of Restrictions for eastern portion of the East Hills Mall project. k. Contract No. 89-115 with Musicians Union, Local #263, for Summer Band Concert Series. Award Contract No. 89-116 for removing and disposing of contaminated soil on the extension of Louise Avenue between Elliott Street and Union Avenue to MP Vacuum Truck Service in the amount of $23,315.00, reject other bid, and authorize the Mayor to execute the Contract. Agreement No. 89-117, Amendment to Agreement No. 85-229, for Metro Bakersfield Intermodal Transit Study with Kern COG and Parsons, Brinkerhoff, Quade and Douglas. Upon a motion by Councilmember Salvaggio, Items a, b, d, e, f, g, h, i, j, k, 1 and m of the Consent Calendar were approved by the following roll call vote: Ayes: Councilmembers DeMond, Ratty, Peterson, McDermott, Salvaggio None None Councilmember Smith Noes: Abstain: Absent: Cf ACTION ON BIDS Diesel powered motor grader (replacement) for Public Works. Upon the amount of the other bid a motion by Councilmember Ratty, the low bid in $56,455.60, from Sullair Pacific was accepted and rejected. Approval of Agreement No. 89-118 with S.A. Camp Pump Co. for drilling, casing and pump testing Pump Plant No. 25. Upon a motion by Councilmember DeMond, the low bid from S.A. Camp Pump Co. in the amount of $76,750.00 was accepted, the other bid rejected and the Mayor was authorized to execute the Contract. 512 Bakersfield, California, May 17, 1989 - Page 21 Adoption of Resolution No. 62-89 of the Council of the City of Bakersfield determining that certain replacement Civic Auditorium seat covers can be reasonably obtained from only one vendor, American Seating, and authorizing the Finance Director to dispense with bidding therefor, not to exceed $25,000.00. Upon a motion by Councilmember Peterson, Resolution No. 62-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Ratty, Salvaggio None None Councilmember Smith Peterson, McDermott, Award of Contract No. 89-119 with Griffith Construction Company for construction of Madison Street - Brook Street to White Lane. Upon a motion by Councilmember Ratty, the low bid for the Base Bid from Griffith Construction Company in the amount of $170,200.00 was accepted, all other bids were rejected, and the Mayor was authorized to execute the Contract. DEFERRED BUSINESS Zoning Resolution No. 372 of the Council of the City of Bakersfield granting, with condition, the appeal by Jack Clare from the decision of the Board of Zoning Adjust- ment denying a Conditional Use Permit to allow an antique shop and a modification to permit parking to encroach into the five-foot front yard setback in a C-O (Commercial and Professional Office) Zone on that certain property commonly known as 1106 "H" Street. This Resolution sets forth the decision of the Council following the Public Hearing on April 12, 1989. Upon a motion by Councilmember McDermott, Zoning Resolution No. 372 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Ratty, $alvaggio None None Councilmember Smith Peterson, McDermott, Adoption of Ordinance No. 3224 of the Council of the City of Bakersfield amending Subsection D. of Section 2.04.110 of the Bakersfield Municipal Code relating to Public Hearings. This Ordinance was given first reading at the meeting of April 26, 1989, with Litigation Committee Report No. 2-89. Bakersfield, California, May 17, 1989 - Page 22 Upon a motion by Councilmember Peterson, Ordinance No. 3224 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Ratty, Councilmember Salvaggio None Councilmember Smith Peterson, McDermott, Adoption of Ordinance 3225 of the Council of the City of Bakersfield adding Section 10.32.140 to the Bakersfield Municipal Code relating to Parking of Commercial Vehicles in Residential Districts. This Ordinance was given first reading at the meeting of April 26, 1989. Upon a motion by Councilmember McDermott, Ordinance No. 3225 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember Smith Adoption of Ordinance No. 3226 of the Council of the City of Bakersfield amending Section 17.04.160 and Sub- section 18 of Section 17.58.020; adding subsection J. to Section 17.10.020 and adding Chapter 17.67; and repealing Subsection B.9. of Section 17.66.020 of the Bakersfield Municipal Code relating to Family Day Care Homes. This Ordinance was given first reading at the meeting of April 26, 1989. Upon a motion by Councilmember DeMond, Ordinance No. 3226 of the Council of the City of Bakersfield was adopted by following roll call vote: the Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Ratty, $alvaggio None None Councilmember Smith Peterson, McDermott, NEW BUSINESS First Reading of an Ordinance 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 re- garding prezoning of property known as the Stine No. 6 Annexation (WARD 6). This Ordinance amends Title 17 of the Bakersfield Municipal Code and prezones the Stine No. 6 Annexation to C-2 (Commercial) Zone, R-1 CH (One Family Dwelling, Church) Zone and R-3 (Limited Multiple Family) Zone on approximately 13.35 acres, 18.12 acres and 7.26 acres, respectively. Bakersfield, California, May 17, 1989 - Page 23 Adoption of Resolution No. 63-89 of the Council of the City of Bakers- field providing for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 333, LAFCO Proceeding No. 1002, Ashe No. 1 (Ward 6). Upon a motion by Councilmember McDermott, Resolution No. 63-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember Smith Adoption of Resolution No. 64-89 of the Council of the City of Bakers- field providing for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 331, LAFCO Pro- ceeding No. 1000, Allen No. 1 (Ward 4). Upon a motion by Councilmember Ratty, Resolution No. 64-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember Smith Adoption of Resolution No. 65-89 of the Council of the City of Bakers- field providing for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 332, LAFCO Pro- ceeding No. 1001, Stine No. 5 (Ward 6). Upon a motion by Councilmember McDermott, Resolution No. 65-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Ratty, Salvaggio None None Councilmember Smith Peterson, McDermott, Adoption of Resolution No. 66-89 of the Council of the City of Bakers- field amending Resolution No. 15-84 to authorize Planning Commission hearings to consider the Metropolitan Bakersfield 2010 General Plan to begin in May. Upon a motion by Councilmember Peterson, Resolution No. 66-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Ratty, Salvaggio None None Councilmember Smith Peterson, McDermott, Bakersfield, California, May 17, 1989 - Page 24 Adoption of Resolution No. 67-89 of the Council of the City of Bakersfield adopting the Ashe Road Planned Bridge and Major Thoroughfare Area and making findings relative thereto. Upon a motion by Councilmember McDermott, Resolution No. 67-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers DeMond, Ratty, Peterson, McDermott, Salvaggio None None Councilmember Smith Noes: Abstain: Absent: Adoption of Resolution No. 68-89 of the Council of the City of Bakersfield approving the filing of applications for grant funds from the Robertiz'Berg- Harris Urban Open Space Program for the acquisition of park properties on Monitor Street and the improvement of facilities in various city parks. Upon a motion by Councilmember Salvaggio, Resolution No. 68-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember Smith Receipt of Certificate of Sufficiency- Petitions for a Special Election for the First Ward. Upon Sufficiency - were received a motion by Councilmember Salvaggio, Certificate of Petitions for a Special Election for the First Ward and placed on file. Adoption of Resolution No. 69-89 of the Council of the City of Bakersfield calling a Special Municipal Election for the purpose of filling a vacancy on the Council for the unexpired term in Ward 1, calling the General Municipal Elections for Wards 1, 3, 4 and 7, and requesting the Board of Supervisors of the County of Kern to order the con- solidation of the Special Municipal Election and General Municipal Election with the State of California General Election to be held Tuesday, November 7, 1989. Upon a motion by Councilmember DeMond, Resolution No. 69-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers DeMond, Ratty, Peterson, McDermott, $alvaggio None None Councilmember Smith Noes: Abstain: Absent: Bakersfield, California, May 17, 1989 - Page 25 Approval of Agreement No. 89-120 with Hodges & Shutt, Aviation Planning Services for engineering design on the Bakersfield Municipal Airport. Upon a motion by Councilmember Salvaggio, Agreement No. 89-120 was approved and the Mayor was authorized to execute the agreement. Public-Private Cooperative Agree- ment No. 89-121 with Kern Economic Development Corporation for Economic Development in Kern County. Upon a motion by Councilmember McDermott, Agreement No. 89-121 was approved and the Mayor was authorized to execute the agreement. Homeless Coalition Task Force recommendations regarding creation and make-up of Homeless Center Advisory Committee. The following are the members of the Homeless Advisory Committee to serve until six months after the open: Center Center is Joan Bloodgood Don Caylor Chuck Cunningham Gene Saint-Amand Ben Stinson Upon a motion by Councilmember DeMond, the formation of the Homeless Center Advisory Committee as outlined by the Homeless Coalition Task Force was approved. 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) No action taken on this item. May 31, 1989 Agenda. It will be placed on the Transmittal of the 1989-94 Capital Improvements Program. City Manager Hawley stated that the next two items involve the 1989-90 budget hearings and adoption process. He distributed a budget packet including a Budget Summary, Operating Capital Improvement and Central District Development Agency Budget, the Capital Improvement Program and a list of newly cre- ated classifications to be considered by the Personnel Committee. City Manager Hawley stated the proposed budget for 1989-90 is $135,824,479, an increase of 2.9 percent over last year's Budget. The General Revenues are expected to increase 4.8 percent over last year. The proposed budget adds 31 new positions, of which 18 are funded out of the General Fund. It shows 9 new positions in Public Safety, police and Fire. The Budget addresses the major issues and concerns that were presented to the Council in January. City Manager Hawley announced that several Council- members had conflicts with the Budget Workshop meeting date of May 23, 1989. Council agreed to cancel the Budget Workshop meet- ing scheduled for May 23, 1989. The Budget Workshop meetings scheduled for May 24 and 25, 1989 will be held as scheduled. Bakersfield, California, May 17, 1989 Page 26 5,1 i' Upon a motion by Councilmember DeMond, transmittal of the 1989-94 Capital Improvements Program was referred to the Planning Commission for conformance to the General Plan. Presentation to the City Council of the Fiscal Year 1989-1990 Operating, Capital Improvements and Central District Development Agency Budgets. Upon a motion by Councilmember DeMond, the proposed budget was referred to the Budget and Finance Committee, and pro- posed new classifications and reclassifications were referred to the Personnel Committee. Councilmember DeMond stated if an appointment is made to the Ward One seat, she requested that staff set a Personnel Committee meeting for June 1, 1989, and if the person appointed to the Ward One seat is appointed to the Personnel Committee that this meeting be made public. Request to the Council of the City of Bakersfield to appropriate $70,600, of the Equipment Maintenance Fund balance, to the Public Works Budget to purchase radios and emergency equipment for police vehicles being added to the police fleet. Upon a motion by Councilmember McDermott, the request to the Council of the City of Bakersfield to appropriate $70,600 of the Equipment Maintenance Fund balance to the Public Works Budget to purchase radios and emergency equipment for police vehicles being added to the police fleet was referred to the Budget and Finance Committee. COUNCIL STATEMENTS Councilmember DeMond referred the petitions submitted by Matthew Gaines regarding a skateboard park to the Community Services Department. Councilmember Peterson asked for clarification from City Attorney Saalfield regarding the Special Election. City Attorney Saalfield stated that the Municipal Code could be amended to clarify the issue of the election. Staff is currently working on several election issues and will bring it to the Council after the November Election. Upon a motion by Councilmember Peterson, the issue of elections was referred to the Litigation Committee. Councilmember McDermott stated that June 10th is the tentative date set for Council to walk the county island, in the area outlined, to solicit annexation into the City. He asked the Council to review the lists of residents and any contacts made would be appreciated. Councilmember Salvaggio submitted a letter from Ms. Ruth E. Overton, 1501 Calcutta Drive, #21, regarding Refuse Fees to Community Services, and directed staff to prepare a response trying to help her and to indicate in the letter it is a request from Councilmember Salvaggio. Bakersfield, California, May 17, 1989 - Page 27 CLOSED SESSION Closed Session pursuant Code Section 54956.9(b) Pending Litigation. to Government regarding Upon a motion by Councilmember Salvaggio, Council adjourned to Closed Session pursuant to Government Code Section 54956.9(b) regarding Pending Litigation at 11:15 p.m. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned at 12:22 n.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY C Officio Clerk of the Council of the City of Bakersfield, CA bz