Loading...
HomeMy WebLinkAbout08/17/1988 MINUTES CCBakersfield, California, August 17, 1988 Minutes of the Special Meeting the Council of the City of Bakersfield, California, for the purpose of a Workshop held in the Basement Conference Room - Annex Building, 1501 Truxtun Avenue, at 5:15 p.m., August 17, 1988. The meeting was called to order by Mayor Payne. Roll was called as follows: Present: Mayor Payne. Councilmembers Childs, Smith, Ratty, Peterson, Salvaggio, McDermott (seated at 5:25 p.m.) Absent: Councilmember DeMond PROPERTY MAINTENANCE AND ABANDONED VEHICLES. Assistant Planning Director Grady provided copies of the Property Maintenance and Abandoned Vehicles ordinances. 2010 GENERAL PLAN UPDATE City Planning Director Hardisty and Randy Abbott pro- vided an update of the 2010 General Plan. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember McDermott, the meeting was adjourned at 6:18 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California bz Bakersfield, California, August 17, 1988 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers City Hall, 1501 Truxtun Avenue, at 7:00 p.m., August 17, 1988. of The meeting was called to order by Mayor Payne, followed by the Invocation by Mr. Troy Chastain, Vice-President, 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. Councilmembers Childs, Smith, Ratty, Peterson, McDermott Salvaggio Absent: Councilmember DeMond MINUTES Upon a motion by Councilmember Childs, Minutes of the Regular Meetings for the purpose of Budget Hearings of June 13 and June 14, 1988, were approved. PUBLIC STATEMENTS Shafter, deferred Statements by Mr. Donald Zachary, Mayor of the City of 320 James Street, regarding Attorney Contract, was to Reports. (see page 7) Statements by Mr. Marvin Fuller, Mayor of the City of Taft, 1108 Bell Street, regarding Legal Services for Taft, was deferred to Reports. (see page 7) HEARINGS This is the time set for hearing objections from any person owning real property within the Berkshire No. 3 Annexation on the matter of annexation of such property to the City of Bakersfield and of inclusion of all portions of the proposed Berkshire No. 3 Annexation, upon annexation to the City of Bakersfield, into the Greater Bakersfield Separation of Grade District (Ward 7). This hearing has been duly advertised, posted and the property owners notified as required by law. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received, and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Bakersfield, California, August 17, 1988 - Page 2 Adoption of Resolution No. 173-88 of the Council of the City of Bakersfield making findings that no written protests have been filed and ordering the territory designated as Proceeding No. 961, Annexation No. 318, Berkshire No. 3, annexed to the City of Bakersfield and included in the Greater Bakersfield Separation of Grade District (Ward 7). Upon 173-88 of the the following a motion by Councilmember Salvaggio, Resolution No. Council of the City of Bakersfield was adopted by vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, Ratty, McDermott, Salvaggio None None Councilmember DeMond Peterson, This is the time set for hearing objections from any person owning real property within the Renfro No. 1 Annexation on the matter of inclusion of all portions of the proposed Renfro No. 1 Annexation, upon annexation to the City of Bakersfield, into the Greater Bakersfield Separation of Grade District when contiguous thereto (Ward 4). This hearing has been duly advertised and posted as required by law. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received, and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 174-88 of the Council of the City of Bakersfield specifying that all portions of the proposed Renfro No. 1 Annexation shall, upon annexation to the City of Bakers- field, be included within the Greater Bakersfield Separation of Grade District when contiguous thereto (Ward 4). Upon 174-88 of the the following a motion by Councilmember Ratty, Resolution No. Council of the City of Bakersfield was adopted by vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, Ratty, McDermott, $alvaggio None None Councilmember DeMond Peterson, Bakersfield, California, August 17, 1988 - Page 3 This is the time set for hearing objections from any person owning real property within the Calloway No. 1 Annexation on the matter of inclusion of all portions of the proposed Calloway No. 1 Annexation, upon annexation to the City of Bakersfield, into the Greater Bakersfield Separation of Grade District when contiguous thereto (Ward 4). This hearing has been duly advertised and posted as required by law. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 175-88 of the Council of the City of Bakersfield specifying that all portions of the proposed Calloway No. 1 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District when contiguous thereto (Ward 4). Upon 175-88 of the the following a motion by Councilmember Ratty, Resolution No. Council of the City of Bakersfield ~as adopted by vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, Ratty, Peterson, McDermott, Salvaggio None None Councilmember DeMond This is the time set for hearing objections from any person owning real property within the Calloway No. 2 Annexation on the matter of inclusion of all portions of the proposed Calloway No. 2 Annexation, upon annexation to the City of Bakersfield, into the Greater Bakersfield Separation of Grade District when contiguous thereto (Ward 4). This hearing has been duly advertised, posted and the property owners notified as required by law. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Bakersfield, California, August 17, 1988 - Page 4 Adoption of Resolution No. 176-88 of the Council of the City of Bakersfield specifying that all portions of the proposed Calloway No. 2 Annexation shall, upon annexation to the City of Bakers- field, be included within the Greater Bakersfield Separation of Grade District when contiguous thereto (Ward 4). Upon 176-88 of the the following a motion by Councilmember Ratty, Resolution No. Council of the City of Bakersfield was adopted vote: by Ayes: Councilmembers Smith, Childs, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember DeMond Peterson, This is the time set for hearing objections from any person owning real property within the Rosedale No. 4 Annexation on the matter of inclusion of all portions of the proposed Rosedale No. 4 Annexation, upon annexation to the City of Bakersfield, into the Greater Bakersfield Separation of Grade District (Ward 4). This hearing has been duly advertised, posted and the property owners notified as required by law. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 177-88 of the Council of the City of Bakersfield specifying that all portions of the proposed Rosedale No. 4 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District (Ward 4). Upon 177-88 of the the following a motion by Councilmember Ratty, Resolution No. Council of the City of Bakersfield was adopted by vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, Ratty, McDermott, Salvaggio None None Councilmember DeMond Peterson, Bakersfield, California, August 17, 1988 - Page This is the time set for hearing objections from any person owning real property within the Panama No. 8 Annexation on the matter of inclusion of all portions of the proposed Panama No. 8 Annexation, upon annexation to the City of Bakersfield, into the Greater Bakersfield Separation of Grade District (Ward 1). This hearing has been duly advertised, posted and the property owners notified as required by law. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 178-88 of the Council of the City of Bakersfield specifying that all portions of the proposed Panama No. 8 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District (Ward 1). Upon 178-88 of the the following a motion by Councilmember Childs, Resolution No. Council of the City of Bakersfield was adopted by vote: Ayes: Councilmembers Smith, Childs, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember DeMond Peterson, This is the time set for public hearing before the Council of the City of Bakers- field regarding the sale of the Pistol Range. This hearing has been duly advertised and posted as required by law. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 179-88 of the Council of the City of Bakersfield authorizing the sale of surplus real property and finding that such sale is in the best interests of the City. Bakersfield, California, August 17, 1988 - Page 6 Upon a motion by Councilmember Ratty, Resolution No. 179-88 of the Council of the City of Bakersfield was adopted the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, Ratty, McDermott, Salvaggio None None Councilmember DeMond Peterson, by REPORTS Councilmember Ratty, Chairperson of the Budget and Finance Committee, read Report No. 34-88 regarding the Lease of Former Corporation Yard to Mid State Development Corporation for Development of a Small Business Incubator Facility as follows: On March 16, 1988, the City Council approved in concept leasing the former corporation yard, located at 1600 "S" Street, to Mid State Development Corporation for development of a small business incubator facility. Following the direction of the Council, staff developed the terms and conditions of such a lease and found them agreeable to Mid State. Over a term of five years, Mid State will lease the site for $1 per year. Maintenance of the site and provision of adequate insurance is the responsibility of Mid State. The lease may be terminated after the first three (3) years on a nine (9) month written notice by either party. The Budget and Finance Committee has reviewed the terms and conditions of this agreement. Based upon the Council's prior support of developing a small business incubator at the former corpor- ation yard site, and support of our local small business sector, this Committee recommends the Council approve and authorize the Mayor to execute this lease with Mid State Development Corporation. Upon a motion by Councilmember Ratty, Budget and Finance Committee Report No. 34-88 was accepted. Approval of Lease Agreement No. 88-200 with Mid State Develop- ment to lease the former Corporation Yard for development of a Small Business Incubator Facility. Upon a motion by Councilmember Ratty, the recommenda- tions within Budget and Finance Committee Report No. 34-88 were implemented and Agreement No. 88-200 was approved and the Mayor authorized to execute. Bakersfield, California, August 17, 1988 Page 7 Councilmember Ratty recognized Mr. Dave Parker to speak. Mr. Parker asked Mr. Brent Dezember to speak. Mr. Brent Dezember thanked the Council for their confi- dence in the small business incubator and staff for their help. He stated Mid State looks forward to starting an innovative new way to help economic development in Bakersfield and Kern County. Councilmember Ratty, Chairperson of the Budget and Finance Committee, read Report No. 35-88 regarding Legal Services to Maricopa, Shafter and Taft as follows: On March 30, 1988, the provision of legal services to the cities of Maricopa, Shafter and Taft by the City Attorney's staff was referred to the Budget and Finance Committee for review. The Committee has reviewed this issue with staff and representatives from the above mentioned cities. During this review, several major considerations were presented. These are included on Attachment "A". Based upon these facts, the Committee discussed various alternatives and impacts of providing or not providing legal services to the three cities. In fact, each Committee member has a different recommendation to present to the Council. These range from continuing the service to eliminating the service, or giving the cities notice that such services will be discontinued within two years so they can find alternative legal representation. Therefore, due to divergence of opinion on this matter, we are presenting this matter for decision by the entire Council, without a Committee recommen- dation. Upon a motion by Councilmember Ratty, Budget and Finance Committee Report No. 35-88 was accepted. Mayor Donald C. Zachary, 320 James Street, Shafter, spoke regarding attorney contracts. He stated that we all repre- sent the public. The better the job that can be done the better the service to the citizens is. The cooperation between cities is improving each of us and many of the joint efforts have been successful. Mayor Marvin Fuller, 1108 Bell Street, Taft, spoke regarding legal services for Taft. He stated that the smaller cites do benefit from the legal services provided by Bakersfield, but feels Bakersfield also benefits. He feels the good relation- ship between the cities is the contact with Bakersfield City Staff on a weekly basis. He feels that relationship will be sev- ered over a period of time if services are discontinued. He hopes the Council will consider the new contract. Bakersfield, California, August 17, 1988 - Page 8 Councilmember Childs recognized Mayor Dan O'Dell, City of Maricopa, to speak. Mayor Dan O'Dell, stated that since the City of Maricopa entered into a contract with the City of Bakersfield, it has brought more respect to their community and Council meetings. They have received good advice from the City of Bakersfield's Attorneys. He hopes the Council will support the contract to continue to provide legal services to the City of Maricopa. Councilmember Salvaggio made a motion to direct staff to give appropriate notice to the Cities of Maricopa, Shafter and Taft to terminate contracts for legal services according to pro- visions and direct staff to make every effort in assisting the cities to try to obtain legal assistance. Councilmember Childs made a substitute motion to extend the legal services for a two year period of time or less and dur- ing that period of time the cities and Bakersfield City Staff try to find some representation to alleviate the City of Bakersfield from this problem. Upon a motion by Councilmember Peterson, the call for the question was approved. Mayor Payne restated Councilmember Childs' substitute motion to extend the existing agreement for a period of two years or less if satisfactory legal services can be contracted with the three entities with the assistance of the City of Bakersfield. The motion failed by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Childs, McDermott Councilmembers Smith, Ratty, Peterson, None Councilmember DeMond Salvaggio Mayor Payne restated Councilmember $alvaggio's motion to give a four month notice to terminate the agreement for legal services with the cities of $hafter, Taft, and Maricopa. The motion was approved by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Ratty, Peterson, Councilmembers Childs, McDermott None Councilmember DeMond Salvaggio Mayor Payne recessed the meeting at 8:40 p.m. ing reconvened at 8:45 p.m. The meet- Councilmember Childs read Budget and Finance Committee Report No. 36-88 regarding Amendment to existing City/County/SEEZ Contract No. 87-48 extending the term and providing additional funds as follows: In March, 1987, a contract was negotiated between the City of Bakersfield, County of Kern, and SEEZ Corporation for the provision of marketing services for the Metropolitan Bakersfield Employment and Economic Incentive Program Area ("enterprise zone"). Bakersfield, California, August 17, 1988 - Page 9 Over the past forty-five days concentrated efforts have resulted in a scope of services, budget, and a contract amendment which will incorporate newly required language in the contract document. This amendment has been agreed to by the staff of the County of Kern Community Development Program Department and SEEZ Corporation. The current contract expires August 19. After careful review, this Committee recommends the Council approve this contract amendment, authorizing CDBG funds in the amount of $12,500.00 to pay the City's share of this six month contract, and authorize the Mayor to execute this Agreement. Upon a motion by Councilmember Childs, Budget and Finance Committee Report No. 36-88 was accepted. Approval of Agreement No. 88-201 with the County of Kern and SEEZ Corporation for provision of additional funds to complete the tasks as indicated in the included "Scope of Services." Upon a motion by Councilmember Childs, recommendations within Budget and Finance Committee Report No. 36-88 were imple- mented and the Mayor authorized to execute the Agreement by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, Ratty, Peterson, McDermott, Salvaggio None None Councilmember DeMond Councilmember Childs, Chairperson of the Personnel Committee, read Report No. 15-88 regarding New Job Specifications for the Assistant City Attorney (Municipal Law) and Assistant City Attorney (Litigation) as follows: The Personnel Committee met on August 17, 1988 to discuss the job specifications for the Assistant City Attorney. The Assistant City Attorney classification handles very different tasks of municipal law, litigation, and water. The City Attorney has proposed that "Assistant City Attorney" be retitled "Assistant City Attorney - Municipal Law Option 1," "Assistant City Attorney - Water - Option 2," and that a new classification of "Assistant City Attorney - Litigation Option 3" be established. No salary adjust- ment is requested. Present Assistant City Attorneys will be designated either "Municipal Law, .... Litigation," or "Water," according to assignment. Bakersfield, California, August 17, 1988 - Page 10 The Committee recommends the following changes in the classifications of Assistant City Attorney and approval of the attached class specifications. That the classification of Assistant City Attorney - Option 1 be revised and be retitled Assistant City Attorney - Municipal Law - Option 1. That a new classification of Assistant City Attorney - Litigation - Option 3 be established. That the salary resolution be amended to reflect these changes; salaries to be the same as now designated for Assistant City Attorney. The Miscellaneous Civil Service has approved this action. Upon a motion by Councilmember Childs, Personnel Committee Report No. 15-88 was accepted. Adoption of Resolution No. 180-88 of the Council of the City of Bakersfield amending Resolution No. 10-88 setting salaries and related benefits for new classifications for Officers and Employees of the City of Bakersfield. Upon a motion by Councilmember Childs, recommendations within Personnel Committee Report No. 15-88 were implemented, and Resolution No. 180-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, Ratty, McDermott, Salvaggio None None Councilmember DeMond Peterson, The CONSENT CALENDAR following items were listed on the Consent Calendar: Approval of Warrant Nos. 0217 to 0311 inclusive, in the amount of $52,571.10. Communications: 1. Communication from Shirley LaTouf, dated August 9, 1988, submitting her resignation from the Citizens Auditorium Committee, term expiring January 3, 1993. (RECEIVE AND PLACE ON FILE) Bakersfield, California, August 17, 1988 - Page 11 e o Communication from Oceanic California, Inc., requesting deferral of General Plan Amendments for the southwest corner of Ming at Gosford and south of Camino Media in Stockdale Centre until the next cycle of review and Planning Commission hearings. (RECEIVE AND REFER TO THE PLANNING COMMISSION) Claim for Damages and Personal Injuries from the following: 1. Greg Salas, Jr., 3801 Curry Court; and 2. Charles Bargunier, 717 E1 Tejon. (REFER TO CITY ATTORNEY) Dedication of Properties: Storm Drain Easement located north of Pacheco Road and east of Hughes Lane from Homestead Land Development Corporation. Grant Deed from Tenneco West, Inc. for surplus canal properties southeast of Truxtun Avenue and Quailridge Drive and northwest of Planz Road and Stine Road. Notices of Completion and Acceptance of Work for the following projects: Drilling, casing & pump testing Laborde Water Well No. L-202, Contract No. 88-161, was completed on July 22, 1988. Construction of slant migration wells for methane gas project at City of Bakersfield Landfill, Contract No. 88-172, was completed on July 27, 1988. Construction of street improvements on South "H" Street from White Lane to Panama Lane, Contract No. 88-39, was completed on August 4, 1988. Resurfacing "N" Street between Truxtun Avenue and 21st Street, and Espee Street between 500 feet west of Union Avenue and Union Avenue, and construction of an asphalt concrete dike on Rancheria Road, Contract No. 88-114, was completed on August 5, 1988. Approval of Plans and Specifications for reconstruction of a portion of Manor Street under Panorama Bridge. Bakersfield, California, August 17, 1988 - Page 12 g o Award low bid for Duckbill Metal Weir Structures for Ag Water Department to KBS Manufacturing in the amount of $4,505.00, and reject all other bids. Award low bid for Public Works Traffic Signal Hardware to Traffic Control Technologies (2 items, $9,116.00), Traffic Control Services (1 item, $1,272.00), GM Services (1 item, $1,192.50) and reject all other bids. Award bids for Miscellaneous Fire Equipment to Halprin Supply Company (33 items, $9,069.84), L.N. Curtis & Sons (30 items $8,171.86), and reject all other bids. Award low bid for Color Print Processor for Police Department to Royce Photo/Graphics Supply, Inc. in the amount of $20,034.00, and reject the other bid. Award low bid for Public Works Engineering Computer Equipment to Cad Pros (1 item, $17,887.50), 47th Street Photo (4 items, $2,148.62), Pyramus Inc. (1 item, $1,874.08), Compu-Byte, Inc. (2 items, $1,420.40), Inacomp Computer Center (2 items, $1,291.27), Quick Service (3 items, $273.29) and reject all other bids. Upon a motion by Councilmember McDermott, Items a, b, c, d, e, f, g, h, i, j, and k of the Consent Calendar were approved by the following vote: Ayes: Councilmembers Smith, Childs, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember DeMond Peterson, ACTION ON BIDS Fourteen Back Pack Breathing Units and Spare Bottles for Fire Department. Upon a motion by Councilmember Peterson, the low bids from Jorgensen & Co. (4 items, $28,166.70) and Halprin Supply Co. (2 items, $6,853.85) were accepted and all other bids rejected. Approval of Agreement No. 88-202 with Granite Construction for Panorama Drive Bridge Repairs. Upon a motion by Councilmember Peterson, the bid Granite Construction Company in the amount of $26,000 was accepted and the Mayor authorized to execute the contract. from Bakersfield, California, August 17, 1988 - Page 13 DEFERRED BUSINESS Adoption of Emergency Ordinance No. 3173 of the Council of the City of Bakersfield levying upon the full taxable value of the taxable property in the City of Bakersfield, except that area known as the Rio Bravo annexation, a percentage rate of taxation upon each dollar of valuation for the fiscal year beginning July 1, 1988, and ending June 30, 1989. This Ordinance was deferred from the meeting of August 10, 1988. Upon a motion by Councilmember Peterson, Ordinance No. 3173 of the Council of the City of adopted by the following vote: Emergency Bakersfield was Ayes: Councilmembers Smith, Childs, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember DeMond Peterson, NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield amending Section 16.40.020 of the Bakersfield Municipal Code relating to waiver of direct street access. This Ordinance allows the portion of street frontage as to which access is waived to be revised or relocated upon the request of the property owner and with the City Engineer's con- currence, thereby avoiding use of formal vacation proceedings where the City Engineer agrees with the proposed revision or relocation. Resolution of Intention No. 1049 of the Council of the City of Bakersfield 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 Resolution sets the date of the public hearing for September 14, 1988. Bakersfield, California, August 17, 1988 - Page 14 Upon a motion by Councilmember Childs, Resolution of Intention No. 1049 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, Ratty, McDermott, Salvaggio None None Councilmember DeMond Peterson, Adoption of Resolution No. 181-88 of the Council of the City of Bakersfield authorizing the Execution and Delivery of a Supplemental Indenture for Hospital Revenue Bonds (Adventist Health System/ West) 1988 Series A. Upon 181-88 of the the following a motion by Councilmember Ratty, Resolution No. Council of the City of Bakersfield was adopted vote: by Ayes: Councilmembers Smith, Childs, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember DeMond Peterson, Agreement No. 88-203 with Carl Warren and Company, amendment to Service Agreement No. 82-134 with Carl Warren and Company for outside claims administration. Upon a motion by Councilmember Ratty, Agreement No. 88-203 was approved and the Mayor authorized to execute the agreement. Negative Declaration for City of Bakersfield State Park Bond Act Funding for Development of Green- field Park Under Joint Agreement With Greenfield School District. Upon a motion by Councilmember Salvaggio, the Negative Declaration was approved. One vacancy on the Miscellaneous Departments Civil Service Board, due to the resignation of William Jing, term expiring December 31, 1990. Upon a motion by Councilmember McDermott, Mr. Bill Jing was nominated to fill the vacancy on the Miscellaneous Departments Civil Service Board. Upon a motion by Councilmember Childs, Mr. Louis Whitfield Jr. was nominated to fill the vacancy on the Miscellaneous Departments Civil Service Board. Bakersfield, California, August 17, 1988 - Page 15 COUNCIL STATEMENTS Councilmember McDermott directed staff to place the issue of City Attorney Performance Evaluation on the Agenda of August 31, 1988 for a Closed Session. Councilmember Peterson asked that the Budget and Finance Committee act on the communication received from Wayne Kel]mer on January 6, 1988, in a timely manner. Upon a motion by Councilmember Childs, the issue of National Association of Black and Minority Chamber of Commerce Third Annual Conference, Tourism 2000, was considered as an item that arose after the agenda was prepared and requires action at this meeting. Councilmember Childs made a motion to request permission to attend the National Association of Black and Minority Chamber of Commerce Conference. Councilmember McDermott made a substitute motion to refer the issue of the National Association of Black and Minority Chamber of Commerce Conference to the Convention Visitors Bureau for action. Councilmember Childs withdrew his motion. Councilmember Ratty made a substitute motion to authorize Councilmember Childs to attend the National Association of Black and Minority Chamber of Commerce Conference. Mayor Payne restated Councilmember Ratty's substitute motion to authorize Councilmember Childs to attend the National Association of Black and Minority Chamber of Commerce Conference. The motion was a tie by the following vote: Ayes: Councilmembers Childs, Noes: Councilmembers Smith, Abstain: None Absent: Councilmember DeMond Ratty, Salvaggio Peterson, McDermott Pursuant to Section 14 of the City Charter, which states that in case of a tie vote by the Council, the Mayor shall cast the deciding vote, Mayor Payne voted Aye. The motion was approved by the following vote: Ayes: Councilmembers Childs, Noes: None Abstain: Councilmembers Smith, Absent: Councilmember DeMond Ratty, Salvaggio, Mayor Payne Peterson, McDermott Upon a motion by Councilmember McDermott the issue of a Resolution of the Council of the City of Bakersfield regarding handling of gate fees was considered as an item that arose after the agenda was prepared and requires action at this meeting. Bakersfield, California, August 17, 1988 - Page 16 Adoption of Resolution No. 182-88 of the Council of the City of Bakersfield regarding handling of gate fees. Upon a motion by Councilmember McDermott, Resolution No. 182-88 of the Council of the City of Bakersfield was adopted to reaffirm that while the Council disagrees with the County regard- ing handling of gate fees, the Council reaffirms their commitment to continue to improve the quality of life in the County of Kern, by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, Ratty, Peterson, McDermott, Salvaggio None None Councilmember DeMond ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Peterson, the meeting was adjourned at 9:30 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California bz