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HomeMy WebLinkAbout09/14/1988 MINUTES CCBakersfield, California, September 14, 1988 Minutes of the Special Meeting of the Council of the City of Bakersfield, California, for the purpose of a Closed Session held in the Manager's Conference Room, City Hall, 1501 Truxtun Avenue, at 5:15 p.m., September 14, 1988. The meetinq was called to order by Mayor Payne. City Clerk Williams called the roll as follows: Present: Mayor Payne. Councilmembers Childs, DeMond, Ratty, Peterson, Salvaggio Absent: None Smith, McDermott, CLOSED SESSION Closed Session pursuant Code Section 54956.9(a) vs. City of Bakersfield. to Government regarding Pagan Closed Session pursuant to Government Code Section 54957 regarding Personnel Matters. Upon a motion by Councilmember DeMond, Council adjourned to the City Manager's Conference Room for Closed Session. Council, ADJOURNMENT There being no further business to come before the meeting was adjourned at 6:40 p.m. the ATTEST: MAYOR of the City of ~kersfield, CA CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California bz Bakersfield, California, September 14, 1988 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall, 1501 Truxtun Avenue, at 7:00 p.m., September 14, 1988. The meeting was called to order by Mayor Payne, followed by the Invocation by Mr. Richard Williams, Member of the Board of Deacons, First Assembly of God Church, followed by the Pledge of Allegiance. City Clerk Williams called the roll as follows: Present: Mayor Payne. Absent: None Councilmembers Childs, DeMond, Smith, Ratty, Peterson, McDermott, Salvaggio PUBLIC STATEMENTS tion to parks. Michael Baker, 5209 Corriander Court, spoke in opposi- ordinance regarding drinking alcoholic beverages in Laura Carton read a prepared statement for Peter Carton, 1904 Weyburn Way, supporting adoption of an ordinance relating to parks. Jan Lundy, 4608 Foxboro Avenue, spoke in support of the ordinance regulating parks. Angela Torrez, 4450 California Avenue, %K120, spoke in support of the no-drinking-in-parks ordinance. HEARINGS This is the time set for public hearing before the Council of the City of Bakersfield on Resolution of Intention No. 1049 declaring its intention to order the vacation of the alley in Blocks 220 and 221 of the Godey Tract from "V" Street to Union Avenue in the City of Bakersfield. This hearing has been duly advertised, posted and the property owners notified as required by law. Public Works Manager Schulz provided an update. Mavor Payne declared the hearing open for public participation. Captain Michael Dossey, Salvation Army, 204 Pilot Avenue, spoke in support. No protests or objections being received and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Bakersfield, California, September 14, 1988 - Page 2 Upon a motion by Councilmember Childs, the public hear- ing on Resolution of Intention No. 1049 was continued to the next regular meeting. This is the time set for a public hearing before the Council to consider an Ordinance adding Chapter 8.27 to the Bakersfield Municipal Code relating to property maintenance. This proposed Ordinance was before the Council on August 31, 1988. Planning Director Hardisty provided an update. Mayor Payne declared the hearing open for public par- ticipation. The followinq spoke in support: Art Pop,ell, 1218 Gorrill Street Doris Williams, 1030 Chester Place; Marvin Dean; and Bennie Blair. The following spoke in opposition: Carol Dykes, 2220 South "O" Street; Ed Woodruff, President NAACP; Barbara Don Carlos, Board of Realtors, provided suggestions for wording for clarification and offered to assist in rewording the ordinance. Thelma Anton Rozell Baker. The following spoke in rebuttal: Art Powell, 1218 Gotrill Street, Ron Franey, 3412 Mona Way. No further protests or objections being received, and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Bakersfield, California, September 14, 1988 Page 3 Councilmember McDermott made a motion to amend the pro- posed ordinance as follows: Delete Item "c,"; Amend Item "f" by changing the term "unsightly" and insert "unsafe" and delete the words "with graffiti"; Delete words "street, alley or adjoining property" and insert "right-of-way" in Item "i". Delete words "street, alley or from adjoining properties" and insert "right- of-way" in Item "j". Amend Item "k" "be restricted to unpaved areas in the front yard or side yard" and delete the .{ords "or parked in any front yard as defined in Section 17.04.690 of this code adjacent to any street"; To make the findings set forth, to approve and adopt the negative declaration; And, to give first reading to the amended Ordinance. Councilmember Peterson made a substitute motion to approve the property maintenance ordinance as amended and to reduce the fees by half. Upon a motion by Councilmember DeMond, the call for the question failed by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Ratty, Councilmembers Smith, Childs, Salvaggio NoDe None Peterson, McDermott, Mayor Payne restated Councilmember Peterson's motion to make the findings set forth; approve and adopt the negative declaration; and to give first reading to the amended ordinance as amended relative to Items c, f, i, j, and k, with an addi- tional amendment to the fee schedule by fixing the fines at $50, $100, $250 and $500. The motion failed by the following vote: Ayes: Councilmembers Smith, Peterson Noes: Councilmembers Childs, DeMond, Ratty, McDermott, Salvaggio Abstain: None Absent: None Bakersfield, California, September 14, 1988 - Page 4 First Reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 8.27 to the Bakers- field Municipal Code relating to property maintenance. Councilmember McDermott's motion to amend the proposed ordinance %~as approved with the following amendments: Delete Item "c,"; Amend Item "f" by changing the term "unsightly" and insert "unsafe" and delete the words "with graffiti"; Delete words "street, alley or adjoining property" and insert "right-of-way" in Item "i". Delete words "street, alley or from adjoining properties" and insert "right- of-way" in Item "j" Amend Item "k" "be restricted to unpaved areas in the front yard or side yard" and delete the words "or parked in any front yard as defined in Section 17.04.690 of this code adjacent to any street"; To make the findings set forth, to approve and adopt the negative declaration; And, to give first reading to the amended Ordinance. The motion was approved by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers None None None Smith, Childs, DeMond, McDermott, Salvaggio Ratty, Peterson, recessed Upon a motion by Councilmember Childs, Mayor Payne the meeting at 8:30 p.m. The meeting reconvened at 8:35 This is the time set for a public hearing to consider an appeal by Bruce Keith to the decision of the Board of Zoning Adjustment denying a modification to permit an 8 foot high wall to encroach 15 feet into the front yard setback in a C-2 (Commercial) Zone on that certain property commonly known as 501 18th Street. This hearing has been duly advertised, posted and the property owners notified as required by law. Planning Director Hardisty provided an update. Bakersfield, California, September 14, 1988 - Page Mayor Payne declared the hearing open for public par- ticipation. Bruce Keith, 6104 Preston Court, representing property owner Paul Metta, stated that his client built an eight foot wall due to a robbery, rape and having indigents sleeping in his yard. He stated he has met with his client and Mr. Gary O'Neil, Attorney-at-Law, occupant of business across the street, and they have reached a compromise. Mr. Keith proposed to the Council the construction of a six foot wall faced with red brick and planting of a creeping fig on the wall to soften the lines. Mr. Yeith submitted a rendering of the six foot wall and a letter of support from Mr. Garv O'Neil. He stated on behalf of his client, he would like to request a modification to permit the six foot high wall to encroach 15 feet into the front yard setback. No protest or objections being received and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilmember DeMond, the decision of the Board of Zoning Adjustment was denied and the modification approved as amended, by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Peterson, This is the time set for a public hearing to consider an appeal by Bennie C. Blair to the decision of the Planning Commission denying Tentative Parcel Map 8813 as submitted by Ron Walker, Inc. This hearing has been duly advertised, posted and the property owners notified as required by law. Planning Director Hardisty provided an update. Mayor Payne declared the hearing open for public par- ticipation. Ron Walker, 8004 Narin Court, Surveyor, spoke in support of the appeal and stated that thev are trying to divide the prop- erty the way Mr. Blair thought it existed when he bought it in 1968. Bennie Blair, property owner, spoke in support and asked the Council to support his request. He stated that there was space on the lot to build a three bedroom house. No protests or objections being received, and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Bakersfield, California, September 14, 1988 - Page 6 Councilmember Childs made a motion to grant the appeal; approve and adopt Negative Declaration; make all findings set forth in the staff report and approve Tentative Parcel Map 8813 subject to all conditions set forth in Exhibit "A" of the staff report; approve modification for lots of less than 60 feet in width and less than 6,000 square feet in size; and to defer implementation of conditions until the building permit applica- tion was processed. The motion v~as approved by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Councilmember Childs clarified his vote stating to Mr. Blair that the Council unanimously approved his request. REPORTS Councilmember McDermott read Budget and Finance Committee Report No. 38-88 regarding amendment of Public-Private Cooperative Agreement for Economic Development in Kern County as follows: On August 10, 1988, the City Council referred to this Committee the proposed amendment to the Public-Private Cooperative Agreement for Economic Development in Kern County. This amendment is the result of negotiations between Kern County and the Kern Economic Development Corporation (KEDC) to restructure responsibilities as outlined in the report made by the Kern County Board of Trade Ad Hoc Planning Committee. The proposed amendments result in a shift in responsibilities and funding from the Board of Trade to the Kern Economic Development Corporation. Based on our review of these amendments and their approval by the Board of Supervisors and the Kern Economic Development Corporation, we recommend that these amendments be approved and that the Mayor be authorized to execute the agreement. Upon a motion by Councilmember McDermott, Budget and Finance Committee Report No. 38-88 was accepted. Approval of Agreement No. 88-224, Amendment to Contract No. 87-50 Public-Private Cooperative Agreement for Economic Development in Kern County, with County of Kern, Board of Trade, Kern Economic Development Corporation. Bakersfield, California, September 14, 1988 Page 7 Upon a motion by Councilmember McDermott, recommenda- tions within Budget and Finance Committee Report No. 38-88 ~ere imo]emented and the Mayor authorized to execute the Agreement. Councilmember Ratty, Chairperson of the Budget and Finance Committee, read Report No. 39-88 regarding Agreement with the Greater Bakersfield Convention and Visitors Bureau as follows: On June 8, 1988, the City Council ~eferred to the Budget and Finance Committee the annual contract with the Greater Bakersfield Convention and Visitors Bureau. The Committee met with representatives of the Convention and Visitors Bureau, including the new Executive Director, to review their anticioated work plan. They outlined their plans to increase their marketing efforts and to further promote the City of Bakersfield as a convention and visitors destination. Based upon this review, the Committee recommends that the Mayor be authorized to executive the Agreement between the City of Bakersfield and the Greater Bakersfield Convention and Visitors Bureau. Upon a motion by Councilmember Ratty, Budget and Finance Committee Report No. 39-88 was accepted. Approval of Agreement No. 88-225, regarding Civic Auditorium with the Greater Bakersfield Convention and Visitors Bureau. Upon a motion by Councilmember Ratty, recommendations within Budget and Finance Committee Report No. 39-88 were imple- mented and the Mayor authorized to execute the Agreement. The Do CONSENT CALENDAR following items were listed on the Consent Calendar: Approval of Warrant Nos. 0794 to 1074 inclusive, in the amount of $412,641.56. Communications: Communication from Marvin L. Fuller, Mayor, City of Taft, 209 E. Kern Street, dated August 16, 1988, requesting Council support for retention of rail service on the Sunset Line from Bakersfield to Taft. (RECEIVE AND REFER TO INTERGOVERNMENTAL RELATIONS) Bakersfield, California, September 14, 1988 - Page 8 C o Communication from James L. Wattenbarger, P. O. Box 5735, dated August 23, 1988, requesting to meet regarding property along south side of Kern River between Chester Avenue and Manor Street. (RECEIVE AND REFER TO WATER RESOURCES COMMITTEE) Communication from Chuck Hyman, C. H. Construction, 2005 Pictoria, dated August 24, 1988, requesting abandonment of reserved Public Utility Easement in the abandoned alley Kern Block 212. (RECEIVE AND REFER TO PLANNING COMMISSION) Communication from Monty H. Hopper, Director, Department of Weights and Measures, dated August 24, 1988, announcing nominees to the Fair Housing Advisory Committee. (RECEIVE AND PLACE ON FILE) 5 o Communication from Sarah G. Cooper, Cooper's Nursery, dated August 25, 1988, requesting vacation of a portion of the street at Bahamas Drive. (RECEIVE AND REFER TO PLANNING COMMISSION FOR STUDY AND RECOMMENDATION) Claim for Damages and Personal Injuries from the following: 1. Ruby Imbert, Anthony Eugene Imbert, and Terance Imbert, 200 Donna Avenue; 2. John Mihal, Edwin Willman, and Milton Woken, 2707 F Street; Mary Soliz Cortez, 7700 Buena Vista Boulevard, Lamont; 4. Pacific Gas and Electric, 1915 H Street; and 5. Willie E. Stronq, 731 California Avenue. (REFER TO CITY ATTORNEY Individual Grant Deed from Annetta Schweers Lee aka Annetta $chweers. Individual Grant Deed(s) from Annetta Mathie Schweers. Individual Grant Deed from Kerminette Bonney. Approval of Final Mao for Tract 5028 B for 69 lots on 19.54 acres located at the northeast corner of Hageman Road and Patton Way. (HARDT CONSTRUCTION COMPANY) Bakersfield, California, September 14, 1988 - Page 9 Notices of Completion and Acceptance of Work for the following projects: Multi-Purpose Building for Challenger Park located at Harris Road and Akers Road, City Contract No. 88-111, was completed on August 31, 1988. Improvements for Assessment District No. 86-1 located at Panorama Drive & Morning Drive, City Contract No. 87-304, was completed on August 26, 1988. Approval of Plans and Specifications for the rehabilitation of the Bakersfield Community House, 2020 "R" Street. Contract Change Orders No. 1 and No. 2, Contract No. 88-165, with Granite Construction Company for "H" Street Underpass. Request for Time Extension from Barratt of Northern California to extend the time of completion for Improvement Agreement No. 84-35, Tract Map No. 4686, to September 14, 1989. Agreement No. 88-226 with Ed Rodgers to provide auctioneer services for surplus equipment. Agreements with the following individuals to provide instruction for the following act- ivities: Agreement No. 88-227 with Jeff Hedberg for instruction in tennis; Agreement No. 88-228 with Mark Segesta for instruction in tennis; Agreement No. 88-229 with Susan Olson for instruction in decorative Stenciling; Agreement No. 88-230 with Micki Hauler for instruction in bowling. Agreement No. 88-23l with Panama-Buena Vista School District for after-school activities. deleted Approval of Nominees for City and County Fair Housing Boar~ of Directors. Rescind award to Cad Pros for three personal computers and, instead, accept bid from Inacomp Computer Center in the amount of $20,570.85. Bakersfield, California, September 14, 1988 - Page 10 Accept bid from L-Tron in $5,698.56 for twelve (12) for the Civic Auditorium. the amount of loudspeaker drivers Accept low bid for gates and accessories for the Ag Water Department from Lortz & Son Mfg. Co., Inc. in the amount of $6,498.12 and reject other bid. Accept Quit Claim Deed from Tenneco Realty Development Corporation for property at the Police Pistol Range. Upon a motion bv Councilmember McDermott, Items a, b, c, d, e, f, g, h, i, j, k, 1, m, n, p, q, r, s, and t of the Consent Calendar were approved with the deletion of Item o, by the fol- lowing vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Peterson, ACTION ON BIDS Approval of Agreement No. 88-232 with Granite Construction for reconstruction of a portion of Manor Street under the Panorama Bridge. Upon a motion by Councilmember DeMond, the bid from Granite Construction Company in the amount of $37,413.00 was accepted, authorizing the use of savings from other projects, and the Mayor authorized to execute the Contract. Approval of Agreement No. 88-233 with Tri-County Roofing for reroofing Fire Stations No. 2 and 7 and the West Wing of City Hall. Upon a motion by Councilmember Peterson, the bid from Tri-County Roofing in the amount of $44,000.00 was accepted, and the Mavor authorized to execute the Contract. Adoption of Resolution No. 189-88 of the Council of the City of Bakersfield determining that certain holsters and magazine pouches can be reasonably obtained from only one vendor, Sparks Leather, and authorizing the Finance Director to dispense with bidding therefor, not to exceed $11,500.00. Bakersfield, California, September 14, 1988 - Page 11 Upon 189-88 of the the following a motion by Councilmember Peterson, Resolution No. Council of the City of Bakersfield was adopted by vote: Aves: Councilmembers Noes: None Abstain: None Absent: None Smith, Childs, DeMond, McDermott, Salvaggio Ratty, Peterson, Adoption of Resolution No. 190-88 of the Council of the City of Bakersfield determining that certain used cars cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor. Upon 190-88 of the the follo~ing a motion by Councilmember DeMond, Resolution No. Council of the City of Bakersfield was adopted by vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Smith, Childs, DeMond, Ratty, McDermott, Salvaggio Peterson, DEFERRED BUSINESS Adoption of Zoning Resolution No. 361 of the Council of the City of Bakersfield granting the appeal by Raymond A. Sanders from the decision of the Board of Zoning Adjustment denying his application for a modification to eliminate the required off-street parking in an R-1 (One Family Dwelling) Zone on that certain property commonly known as 2719 Blade Avenue. This Resolution sets forth the decision of the Council following the Appeal Hearing on this matter held on August 10, 1988. Upon a motion by Councilmember DeMond, Zoning Resolution No. 361 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Peterson, Bakersfield, California, September 14, 1988 - Page 12 Adoption of Zoning Resolution No. 362 of the Council of the City of Bakersfield granting the appeal by Coleman Development Company from the decision of the Board of Zoning Adjustment approving a conditional use permit to allow a Small Container Redemption Center in the parking lot of a supermarket located on the northeast corner of White Lane and Ashe Road. This resolution sets forth the decision of the Council following the A~peal Hearing on this matter held on August 10, 1988. Upon a motion by Councilmember McDermott, Zoning Resolution No. 362 of the Council of the City of Bakersfield adopted by the following vote: ~4as Ayes: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: None Peterson, Adoption of Ordinance No. 3176 of the Council of the City of Bakersfield amending ward boundaries. This Ordinance was given first reading at the meeting of August 31, 1988. Upon a motion 3176 of the Council of followinq vote: by Councilmember Childs, Ordinance No. the City of Bakersfield was adopted by the Ayes: Councilmembers Smith, Childs, DeMond, Ratty, McDer~nott, Salvaggio Noes: None Abstain: None Absent: None Peterson, Adoption of Ordinance No. 3177 of the Council of the City of Bakersfield adding Chapter 9.70 to Title 9 of the Bakersfield Municipal Code relative to sleeping in public places. This Ordinance was given first reading at the meeting of August 31, 1988. Upon a motion by Councilmember DeMond, Ordinance No. 317'7 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Peterson, Bakersfield, California, Se~tember 14, 1988 Page 13 Councilmember Salvaagio clarified his vote stating he feels this ordinance needs to be put in perspective to what the Council has been trying to achieve in recent years. He feels this it is important to keep in mind that there is an alter- native. They are not all a bunch of winos and bums. The Councii recognized that the state says 30-50 percent of the homeless have some tyDe of mental disability and the City of Bakersfield is offering them a ~lace to go. He feels it is a step in the right direction, and hopefully it can be enforced with compassion and reasonableness. Adoption of Ordinance No. 3178 of the Council of the City of Bakersfield amending Section 16.32.060 D. and E. of the Bakersfield Municipal Code relative to fees for construction of planned drainage and sanitary sewer facilities pursuant to adopted plans, and adding Section 16.32.060 F. to the Bakersfield Municipal Code relative to fees for construction of bridges or major thorough- fares pursuant to Section 66484 of the Map Act. This Ordinance was given £irst reading at the meeting August 31, 1988 UDon a motion by Councilmember Smith, of the Council of the City of BaKersfield was lowing vote: Ordinance No. 317~ adopted by the sol- Aves: Councilmembers ~mith, Childs, DeMond, Ratty, Peterson, McDermott, Salvagglo Noes: None Abstain: None Absent: None Adoption of Ordinance No. 3179 of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the east side of Buena Vista Road, 1,038 feet south of White Lane, from an R-2 (Limited Multiple Family Dwelling) Zone to an R-1 (One Family Dwelling) Zone. This Ordinance was given f~rst reading at the meeting oS August 31, 1988. Bakersfield, California, September 14, 1958 - Page 14 Upon a motion by Councilmember Childs, Ordinance No. 3179 of the Council of the City of Bakersfield was adopted by following vote: the Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Peterson, Adoption of Ordinance No. 3180 of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the north side of Truxtun Avenue and both sides of Empire Drive from an A (Agricultural) Zone to a C-2 (Commercial) Zone and an M-1 (Industrial) Zone. This Ordinance was given first reading at the meeting of August 31, 1988. Upon a motion by Councilmember DeMond, Ordinance No. 3180 of the Council of the City o~ Bakersfield was adopted by following vote: the Ayes: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: None Peterson, NEW BUSINESS Referral of an Ordinance of the Council of the City of Bakersfield amending Sections 12.56.050 J. and 12.56.060 of the Bakersfield Municipal Code and adding Sections 12.56.050 M. and 12.56.050 N. to the Bakersfield Municipal Code relating to parks. A petition with 32 signatures of property owners adja- cent to a park has been filed in support of this ordinance. Correspondence Tnc., 3700 Easton Drive, the ordinance. has been received from Kenneth B. Payne, dated September 14, 1988 in support of Upon a motion by Councilmember Peterson, an Ordinance of the Council of the City of Bakers£ield amending Sections 12.56.050 J. and 12.56.060 of the Bakersfield Municioal Code and addinq Sections 12.56.050 M. and 12.56.050 N. to the Bakersfield Municipal Code relating to parks was referred to Auditorium and Community Services Committee for study. Bakersfield, California, $eotember 14, 1988 - Page 15 First Reading of an Ordinance of the Council of the City of Bakersfield amending Section 12.56.100 B. of the Bakersfield Municipal Code relating to park facility reservations. This Ordinance amendment, recommended by the Auditorium and Community Services Committee (Report No. 6-88), and approved by the Council at its August 31, 1988 meeting (Agenda Item 8 b.), allows applications for facility reservations as much as 210 days (rather than 120 days) prior to the date of use. Adoption of Resolution of Intention No. 1050 of the Council of the City of Bakersfield declaring its intention to establish Maintenance District No. 19 (Greenfield). This Resolution sets protest hearing for the Council meeting of October 12, 1988. Upon a motion by Councilmember Salvaggio, Resolution o£ Intention No. 1050 of the Council of the City of Bakers£ield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio None None None Noes: Abstain: Absent: Adoption of Resolution No. 191-88 of the Council of the City of Bakersfield preliminarily adopting, confirming and approving Public Works Manager's Report; 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. 1050, Maintenance District No. 19, Greenfield). This resolution gives preliminary approval to the report of the Public Works Manager, including Maintenance District No. 19 boundary, benefit formula, budget and assessments, and sets the protest hearing for the Council meeting of October 12, 198~. Upon a motion by Councilmember Childs, Resolution No. 191-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Peterson, Bakersfield, California, September 14, 1988 - Page 16 Adoption of Resolution of Intention No. 1051 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of Bahamas Drive north of Empire Drive in Parcel Map No. 7310 in the City of Bakersfield. This Resolution sets the public hearing for the Council meeting of October 12, 1988 to consider this request. Upon a motion by Councilmember Ratty, Resolution of Intention No. 1051 of the Council of the City of Bakersfield adopted by the followinq vote: was Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Peterson, Adoption of Resolution No. 192-88 of the Council of the City of Bakersfield on the matter of the Kern County and Incorporated Cities Hazardous Waste Management Plan. Upon a motion by Councilmember DeMond, Resolution No. 192-88 of the Council of the City of Bakersfield ~as adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Childs, DeMond, Ratty, Salvaggio None Councilmembers Smith, Peterson, McDermott None Adoption of Resolution No. 193-88 of the Council of the City of Bakersfield making findings and certifying the Final Supplemental Environmental Impact Report (FSEIR) for the Bakersfield Airpark Master Plan Update. Upon a motion by Councilmember Salvaggio, Resolution No. 193-88 of the Council of the City of Bakersfield making findings certifying the Final Supplemental Environmental Impact Report (FSEIR) was adopted by the following vote: Ayes: Councilmembers Smith, C~lds, DeMond, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Peterson, Bakersfield Municipal Airpark Master Plan Update, 1988. Upon a motion by Councilmember Salvaggio, the 1988 Master Plan Update of Bakersfield Municipal Airpark was approved and accepted. Bakersfield, California, September 14, 1988 - Page 17 Memorandum from City Manager concerning salary adjustment for City Attorney. Uoon a motion by Councilmember DeMond, memorandum from City Manager concerning salary adjustment for City Attorney was referred to the Budget and Finance Committee. COUNCIL STATEMENTS Painters review. Mayor Local Payne referred correspondence received from 314, regarding placement of a sign, to Staff for Mayor Payne referred correspondence regarding FY 1989 Housi~q Assistance from U.S. Department of Nousing and Urban Development to Staff for analysis and recommendation to Council. Mayor Payne referred correspondence from the California Legislature, regardinq Cities eligibility for maximum interest rates, to Staff for review. Councilmember Salvaggio updated the Council regarding Kern Council of Governments' (Kern COG) recommended approval of City projects as follows: Oak Street access ramp; Coffee Road ram~; and City of Bakersfield Kern River Path. He also stated the City will be receiving 40 percent of the funds. Councilmember Salvaggio also stated that he will be asking Kern COG to put on their ag~enda the issue of adopting a resolution opposinq construction of coal burning or coal-fuel co- generation plants in the San Joaquin Valley. Councilmember McDermott stated that the Board of Supervisors will be puttinq the issue of landfill fees on the November ballot. Councilmember McDermott requested Opposition to Measure P (landfill fees) be agenda. that the issue of put on the next ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned at 9:45 p.m. MAYOR of the City of B~e~sfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California bz