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HomeMy WebLinkAbout08/10/1988 MINUTES CCBakersfield, California, August 10, 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 City Manager's Conference Room, 1501 Truxtun Avenue, at 5:15 p.m., August 10, 1988. The meeting was called to order by Mayor Payne. Deputy City Clerk Gafford called roll as follows: Present: Absent: Mayor Payne. Councilmembers Childs, Smith, Ratty, Peterson, McDermott, Salvaggio Councilmember DeMond CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(a) regarding Airear/Coates vs. City of Bakersfield. Closed Session pursuant to Government Code Section 54956.9(a) regarding Madsen vs. City of Bakersfield. Closed Session pursuant to Government Code Section 54956.9(a) regarding Minor vs. City of Bakersfield. Closed Session pursuant to Government Code Section 54956.9(a) regarding Sand Creek Associates vs. City of Bakersfield. Closed Session pursuant to Government Code Section 54956.9(a) regarding Nail vs. City of Bakersfield. Closed Session pursuant to Government Code Section 54956.9(a) regarding Franz vs. City of Bakersfield. Upon a motion by Councilmember Childs, Council recessed to the City Manager's Conference Room for Closed Session at 5:22 p.m. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 6:25 p.m. ATTEST: ~ MAYOR of the City of Bakersfield, CA CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California bz Bakersfield, California, August 10, 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., August 10, 1988. The meeting was called to order by Mayor Payne followed by the Invocation by Chaplain Ed Meissner of the First Assembly of God Church and the Pledge of Allegiance. Deputy City Clerk Gafford called roll as follows: Present: Absent: Mayor Payne. Councilmembers Childs, Smith, Ratty, Peterson, McDermott, Salvaggio Councilmember DeMond Upon a motion by Councilmember Ratty, Minutes of the Regular Meeting of June 8, 1988 were approved. PUBLIC STATEMENTS Mr. William P. Harper deferred his statements until Intergovernmental Relations Committee Report No. 8-88 was heard. (see page 4) Mr. Hurd A. Bias, 514 So. Williams Street, stated he spoke to the Council at a previous meeting regarding parking "T"s on Lakeview Street and was told by a Councilmember he would be contacted regarding this issue. Mr. Bias stated he was not con- tacted by the City and feels nothing is being done. City Manager Hawley stated that this issue was referred to the Traffic Engineer, who has met with Mr. Bias to discuss this issue. Councilmember Childs requested staff schedule a meeting between himself, City Manager Hawley, Councilmember Salvaggio and Mr. Bias as soon as possible. HEARINGS This is the time set for a continued public hearing on an appeal by Raymond A. Sanders to the decision of the Board of Zoning Adjustment denying his application for a modification for the elimination of the required off-street parking in an R-1 (One Family Dwelling) Zone on that certain property commonly known as 2719 Blade Avenue. This hearing was continued from the meetings of December 2, 1987, January 6, 1988 and June 22, 1988. 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 10, 1988 - Page 2 Upon a motion by Councilmember Smith, the appeal was granted subject to the owner obtaining a building permit and inspection of the garage conversation, by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, Ratty, Peterson, McDermott, Salvaggio None None Councilmember DeMond This is the time set for a public hearing on an appeal by Coleman Company to the decision of the Board of Zoning Adjustment regarding a request for a Conditional Use Permit to allow the installation of a small container redemption center in the parking lot of a supermarket located on the north- east corner of White Lane and Ashe Road to recycle glass, aluminum, and plastic beverage containers. The center will contain 5 bell shaped fiberglass storage containers and one manned kiosk. The center will be staffed six hours per day, six days per week, for a total of thirty hours. 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. 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. Upon a motion by Councilmember McDermott, the appeal was granted with alternative location "C" as shown on a plan submit- ted by the appellant, by the following vote: Ayes: Councilmembers Smith, Childs, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember DeMond Peterson, REPORTS Councilmember Smith, Chairperson of the Intergovernmental Relations Committee, read Report No. regarding Adoption of Resolution Opposing Coal Burning Cogeneration Plants in Kern County as follows: 8-88 Bakersfield, California, August 10, 1988 - Page 3 In April 1988, the Tulare County Board of Supervisors adopted a resolution opposing the construction and operation of coal-fueled cogeneration plants in the San Joaquin Valley. Their resolution also requested that other city and county governments consider the impacts of coal burning plants on the valley environment. In response to this resolution and the docu- mented concern for air quality held by our Council, an investigation regarding coal-fired cogeneration was conducted by City staff and reviewed by the Intergovernmental Relations Committee. Information on negative environ- mental impacts contained in the investigation and summarized as part of this Committee report prompted the Resolution Opposing Coal Burning Plants in Kern County. Although coal-fueled plant pollution control technology has improved in recent years, emission control of cleaner fuels such as natural gas continues to be far better. Higher emissions of coal include particulates, sulfur dioxide, sulfates, hydrocarbons and carbon monoxide. In addition to direct impacts on air quality, indirect impacts include waste generation, land disturbance due to extensive mining, transportation impacts resulting in further air pollution, and the potential for substantial air quality impacts due to plant equipment failure or operator error. With the existence of locally available cleaner burning fuels, and sufficient electrical energy sources to serve demands, the Committee is of the opinion that the development of coal-fueled plants is unjustified. The Intergovernmental Relations Committee recom- mends acceptance of this report and adoption of the Resolution Opposing Coal Burning Cogeneration Plants in Kern County and the entire San Joaquin Valley. Upon a motion by Councilmember Smith, Intergovernmental Relations Committee Report No. 8-88 was accepted. Bakersfield, California, August 10, 1988 - Page 4 Mr. William P. Harper, P.O. Box 11164, was recognized speak. Mr. Harper suggested that Item 2. of the resolution be changed to read as follows: to If it is shown to be necessary to reach attainment, the City Council recommends that the Kern County Air Pollution Control District adopt a "clean fuel" policy requiring the use of the cleanest, locally available fuels or emission levels equivalent to those achieved with the clean fuel. Councilmember Ratty made a motion to adopt Resolution No. 162-88 of the Council of the City of Bakersfield with the change to Item 2. Councilmember Smith made a motion to adopt the amendment to the resolution. (No action was taken on this motion) Councilmember Ratty recommended that Item 1. be changed and amended his motion to include this change as follows: The City Council opposes the construction and operation of coal burning or coal- fueled cogeneration plants within the City of Bakersfield and County of Kern, as well as the entire San Joaquin Valley. Adoption of Resolution No. 162-88 of the Council of the City of Bakersfield opposing coal burning cogeneration plants in Kern County. Mayor Payne restated Councilmember Ratty's motion to adopt Resolution No. 162-88 of the Council of the City of Bakersfield with changes to Items 1 and 2 of the resolution. The motion was approved by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, Ratty, McDermott, Salvaggio None None Councilmember DeMond Peterson, Councilmember Childs, Chairperson Committee, read Report No. 14-88 regarding Specifications as follows: of the Personnel New and Revised Job At its meeting on July 25, 1988, the Personnel Committee approved new and revised job spec- ifications for positions budgeted in the 1988-89 fiscal year, along with revisions to job specifications that were not part of the budgetary process. This action has also been approved by the Miscellaneous Civil Service Board. Bakersfield, California, August 10, 1988 - Page 5 Recognizing that it is outside normal procedure, but due to the agreement in the Memorandum of Understanding between the City and the Service Employees' International Union, the Personnel Committee approved a retroactive salary increase for the Recreation Department reclassifications to July 1, 1988. The Committee recommends that the Council approve the attached Salary Resolution to complete this action. Upon a motion by Councilmember Childs, Personnel Committee Report No. 14-88 was accepted. Adoption of Resolution No. 163-88 of the Council of the City of Bakersfield Amending Resolution No. 10-88 setting salaries and related benefits for officers and employees of the City of Bakersfield. (Community Center Leader, Deputy City Clerk, Hydrographer, Volunteer Coordinator (Temporary), Assistant City Clerk, Traffic Engineer, Community Service Specialist, Data Entry Clerk, Deputy Clerk, Assistant Super- intendent (Recreation), Hydrographer Supervisor, Supervisor I (Recreation), Traffic Signal Technician, Tree Maintainer III.) Upon a motion by Councilmember Childs, the recommenda- tions within Personnel Committee Report No. 14-88 were imple- mented and Resolution No. 163-88 of the Council of the City of Bakersfield was adopted pending clarification of the salary discrepancies, by the following vote: Ayes: Councilmembers Smith, Childs, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember DeMond City Manager Oral Report regarding Landfill Gate Fees. City Manager Hawley presented an oral report regarding Landfill Gate Fees. He stated he was pleased with the action taken at the Special Meeting of August 8, 1988, regarding the impact of Kern County gate fees on City refuse rates. He was disappointed with the way it was reported by the media. He feels it is very important that the citizens of Bakersfield understand the additional cost of Kern County Landfill gate fees will be 1.1 million dollars for this fiscal year. When the fees are imple- mented for a full year, the annual cost per resident will be $42, as opposed to the $27.70 projected for land use fees. It is also important the citizens understand that additional litter and illegal dumping will occur with the implementation of gate fees. Bakersfield, California, August 10, 1988 - Page 6 It is his opinion after much discussion, that a land use fee, if implemented on an equitable basis and explained to the public, would be more desirable than gate fees. He has been working towards convincing the County to reconsider their proposed gate fees. It had been his intention to ask the Council to authorize him to appear before the Editorial Board of the Californian to explain the City's position. The County also had a deadline of August 10, 1988 to place items on the tax roll. It appears after today that the County could not change their position and go to land use fees for this fiscal year if they wanted to. City Manager Hawley suggested that the city continue working through the Intergovernmental Relations Committee and the Kern County Solid Waste Management Advisory Committee to develop a land use alternative which is fair and equitable so that it can be implemented when legally possible. City Manager Hawley requested that the Council refer this matter to the Intergovernmental Relations Committee to con- tinue to work with the County; the County be advised that the City continues to be opposed to gate fees because of the high cost and problems of illegal dumping; the County be asked to reevaluate gate fees and land use fees by referring the matter to the Kern County Solid Waste Management Committee for recommenda- tion in the 1989-90 Fiscal Year; for whichever method is adopted, ask the County to review the capital cost and spread the repay- ment over the life of the landfill; evaluate each landfill sepa- rately and set its fee based on its actual cost so that one area does not subsidize another; also reevaluate the proposed fee schedule before December 1, 1988, to insure that all users will pay their fair share for using the landfill; that mandatory serv- ice be considered for the unincorporated areas of the County so that County residents are not hauling their refuse to avoid the gate fees. Upon a motion by Councilmember Peterson, the issue of Landfill Gate Fees was referred to the Intergovernmental Relations Committee; Council to appear before the Board of Supervisors on August 15, as agreed to at the August 8, 1988, Special Meeting; City Manager directed to seek an appointment with the Editorial Board; and the Mayor directed to invite other Mayors from local cities to attend the Board of Supervisors meeting. CONSENT CALENDAR Upon a motion by Councilmember Peterson, Item 8. r. the Consent Calendar was deleted to be considered at a later date. of The following items were listed on the Consent Calendar: Approval of Warrant Nos. 10189 to 10576 inclusive, in the amount of $2,665,656.57 for 1987-88 and approval of Warrant Nos. 0080 to 0216 inclusive, in the amount of $429,068.18 for 1988-89. Bakersfield, California, August 10, 1988 Page 7 Do C o Communication from the Bakersfield City School District, 1300 Baker Street, dated August 1, 1988, submitting annual report on Developer Fees for Fiscal Year 1987/88 pursuant to Government Code Section 65978. (RECEIVE AND REFER TO THE FINANCE DEPARTMENT) Communication from Oceanic California, Inc., P.O. Box 11165, dated July 29, 1988, requesting Council consider alternative measures to meet the goals of the current Fencing Ordinance. (RECEIVE AND REFER TO THE URBAN DEVELOPMENT COMMITTEE) Communication from Kern Council of Govern- ments, dated July 21, 1988 submitting for review the "Westside Corridor Study." The study identifies and makes recommendations for interim roadway improvements and long range freeway improvements for future Route 58, west of State Route 99. (RECEIVE AND REFER TO THE PLANNING COMMISSION FOR STUDY AND RECOMMENDATION). Claims for Damages and Personal Injuries from the following: 1. William David Rupe, 505 Union Avenue; 2. Stephen Espalin Reyes, 338 W. Avenue J-8, ~30, Lancaster; 3. Randy Adams, c/o 1415 Truxtun Avenue; 4. Ronnie Cherry, 7124 Ming Avenue, #C; 5. Florence Winterton, 732 Real Road; 6. Patricia Ann Parker, 4205 Thatch; 7. John F. Hatzman, 21 Jeffrey Street; 8. John Hopper, 1013 Oberlin Court; 9. Pamela Sue Steelman, 3535 So. "H" Street; and 10. Erin Le Helms, 923 E. Colton, Redlands. (REFER TO CITY ATTORNEY) Dedication of Properties: Sewer Line Easement (Permanent) and a Public Access Easement from Dr. Sunil R. and Vivien H. Lahiri for ingress and egress at south of 34th Street and east of San Dimas Street. Street Right-of-Way Deed for a portion of Oswell Park Drive, east of Oswell Street and a Flowage and Drainage Easement, located south of Oswell Park Drive and east of Oswell Street from Barbara Helen Forney. Bakersfield, California, August 10, 1988 - Page 8 g. Notices of Completion and Acceptance of Work for the following projects: Resurfacing of various streets in Southwest Bakersfield: McDonald Way, Sundale Avenue, Montclair Street, Ashe Road, Akers Road, and New Stine Road, Contract No. 88-86, was completed on July 25, 1988. Construction of sidewalk on Stockdale Highway between McDonald Way and the Stine Canal, Contract No. 88-38, was completed on July 27, 1988. Approval of Plans and Specifications for the following: Reconstruction of College Avenue between Fairfax Road and Tangerine Street. o Wastewater Treatment Plant 2 - Effluent Irrigation System for a 140-acre parcel. Reroofing of Fire Stations #2 and ~7 and the West Wing of City Hall. Panorama Drive bridge repairs at Manor Street. Contract Change Orders: No. 1 - Contract No. 88-53, with Teacon, Inc., for construction of curb and gutter on East Brundage Lane, Williams Street, "L" Street, "M" Street and 10th Street. o No. 1 - Contract No. 87-311, with Conejo Constructors, for bridge repairs at various locations including Manor at Panorama. Requests for Time Extensions from the following: Farm Financial Inc. to extend Improvement Agreement No. 88-106 for Parcel Map No. 7668, located south of Pacheco Road and west of Stine Road, to January 1, 1989. Oceanic California Inc. to extend Improvement Agreement Nos. 87-234 for Parcel Map Waiver 30-87 to March 22, 1989; 84-146 for Tract 4717 to July 18, 1989; 87-134 for Tract 4568 Unit 4 to June 3, 1989; and 87-235 for Parcel Map 8397 to September 30, 1989. Bakersfield, California, August 10, 1988 - Page 9 Improvement Contract No. 88-184 and Corporate Surety Deposit from National Construction Company for realignment of a public sewer line as required for vacation of the easterly half of the alley in Block 4 of Homaker Park Tract for the Piccadilly Cafeteria project. Agreement No. 88-185, Commercial Lease with Steve Hansen, Charles and Weltha Hansen, and Ralph and Jan Carpenter for the "H" Street Underpass construction office at 1601 "H" Street, located at the northwest corner of 16th Street and "H" Street. Agreement No. 88-186 with Moore and Taber Consulting Engineers and Geologists to perform construction engineering services for construction of "H" Street Underpass at A.T. & S.F. Railroad. Agreement No. 88-187 with Dick D. Stark to perform construction inspection services for construction of "H" Street Underpass at A.T. & S.F. Railroad. Agreement No. 88-188 with Coleman Construction, Inc., to convert approximately 1100 lineal feet of the Carrier Canal near Office Park Drive to culvert. Improvement Agreement No. 88-189 with Wayne L. Vaughn, Sr. for improvements along Stockdale Highway at Allen Road. Agreement No. 88-190 with Kern Joint Union High School District to conduct adult education classes at the Martin Luther King, Jr., Community Center. Deleted from agenda. Agreement No. 88-191 with Mike Starz to provide instruction for gymnastics activity. Agreement No. 88-192 with the Bakersfield Association for Retarded Citizens (BARC) to provide a recycling program known as "Carecycling." Accept bid for furniture for Wastewater Treatment Plant No. 3 Administrative Offices in the amount of $10,519.12 from Floyd's Stores and reject other bid. Bakersfield, California, August 10, 1988 Page 10 Award annual contracts for janitorial supplies: Agreement No. 88-193 to San Joaquin Supply, 50 items for $6,869.30; Agreement No. 88-194 to Nu-Ease Inc., 22 items for $3,253.27; and Agreement No. 88-195 to National Sanitary Supply Co., 17 items for $2,752.46; reject other bids and authorize the Mayor to execute the Contracts. Award low bid for Fire Department turnout coats and pants to San Diego Fire Equipment, Inc. in the amount of $21,257.35 and reject all other bids. Communication from Kern County Administrative Office, 1415 Truxtun Avenue, dated July 20, 1988, requesting approval of proposed amendments to the Public-Private Cooperative Agreement for Economic Development in Kern County. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) Upon a motion by Councilmember Ratty, Items a, b, c, d, e, f, g, h, i, j, k, 1, m, n, o, p, q, s, t, u, v, w, and x of the Consent Calendar, with changes to Items "c" and "x" and the deletion of Item "r," were approved by the following vote: Ayes: Councilmembers Smith, Childs, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember DeMond Peterson, ACTION ON BIDS Six Police Special Sedans for addition to fleet. Upon a motion by Councilmember Childs, the low bid from the State Contract in the amount of $69,897.00 was accepted, and the other bid rejected. Replacement Refuse Truck for Public Works. Upon a motion by Councilmember Peterson, the low bid from Engs Motor Truck Co. for a Peterbilt Truck with Rand Load Body in the amount of $108,605.48 was accepted, and all other bids rejected. Adoption of Resolution No. 164-88 of the Council of the City of Bakersfield determining that certain Comminutor Replacement Parts can be reasonably obtained from only one vendor, Bessen and Associates, and authorizing the Finance Director to dispense with bidding therefor, not to exceed $22,000.00. Bakersfield, California, August 10, 1988 - Page 11 Upon a motion by Councilmember Ratty, Resolution No. 164-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember DeMond Peterson, Adoption of Resolution No. 165-88 of the Council of the City of Bakersfield determining that certain computer software can be reasonably obtained from only one vendor, Material Safety Data Systems, Inc., and authorizing the Finance Director to dispense with bidding therefor, not to exceed $7,000.00. Upon 165-88 of the the following a motion by Councilmember Peterson, 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, Adoption of Resolution No. 166-88 of the Council of the City of Bakersfield determining that certain computer equipment can be reasonably obtained from only one vendor, Integrated Systems Group, and authorizing the Finance Director to dispense with bidding therefor, not to exceed $11,000. Upon 166-88 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, DEFERRED BUSINESS Request for Council approval to involve the entire Council to review the 1989-90 proposed budget. Upon a motion by Councilmember Salvaggio, request for Council approval to involve the entire Council to review the 1989-90 proposed budget was deferred to August 31, 1988. Bakersfield, California, August 10, 1988 - Page 12 Councilmember Salvaggio stated for the record that he never said that the Council does not have budget hearings. A Resolution of the Council of the City of Bakersfield establishing Maintenance District No. 18 and confirming the assessment and authorizing collection of assess- ments by the Kern County Tax Collector (Resolution of Intention No. 1047). Upon a motion by Councilmember Childs, discussion of a Resolution of the Council of the City of Bakersfield was con- sidered as an item that arose after the agenda was prepared and required action at this meeting. Adoption of Resolution No. 167-88 of the Council of the City of Bakersfield establishing Maintenance District No. 18 and confirming the assessment and authorizing collection of assessments by the Kern County Tax Collector (Resolution of Intention No. 1047). Upon 167-88 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, NEW BUSINESS Deferral of an Emergency Ordinance 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. The Genera]. Obligation Bonds were authorized by the vot- ers on September 28, 1965. A similar Ordinance has been issued every year since the issuance of the bonds to provide for bonded debt service. The tax rates will be computed when the City receives assessed values from the Kern County Assessor which is anticipated to be on August 5, 1988. Bakersfield, California, August 10, 1988 - Page 13 Upon a motion by Councilmember McDermott, an Emergency Ordinance levying upon the full taxable value of the taxable pro- perty 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, was deferred to the meeting of August 17, 1988. Adoption of Resolution No. 168-88 of the Council of the City of Bakersfield providing for the adjustment of property tax revenues upon local agency juris- dictional change resulting from Annexation No. 323, LAFCO Proceeding No. 973, Rosedale No. 4 (Ward 4). Upon 168-88 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, Peterson, McDermott, Salvaggio None None Councilmember DeMond Adoption of Resolution No. 169-88 of the Council of the City of Bakersfield providing for the adjustment of property tax revenues upon local agency juris- dictional change resulting from Annexation No. 324, LAFCO Proceeding No. 974, Renfro No. 1 (Ward 4). Upon 169-88 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, Adoption of Resolution No. 170-88 of the Council of the City of Bakersfield providing for the adjustment of property tax revenues upon local agency juris- dictional change resulting from Annexation No. 325, LAFCO Proceeding No. 975, Calloway No. 2 (Ward 4). Upon 170-88 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 10, 1988 - Page 14 Adoption of Resolution of Application No. 171-88 of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 328 (Casa Loma No. 4 Annexation) generally located between Brundage Lane and State Highway 58 and running westerly from So. Union Avenue approximately 1/4 mile (Ward 1). Upon 171-88 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, Adoption of Resolution No. 172-88 of the Council of the City of Bakersfield approving a First Amendment to Reim- bursement Agreement with the Central District Development Agency approved by Resolution No. RA1-87 on January 21, 1987. (Agreement No. 88-199) Upon 172-88 of the the following a motion by Councilmember McDermott, Resolution No. Council of the City of Bakersfield was adopted by vote: *See Below. Approval of License Agreement No. 88-196 with the County of Kern for Use of County Building for Antennas. Upon a motion by Councilmember Ratty, Agreement No. 88-196 was approved and the Mayor authorized to execute the Agreement. Approval of Agreement No. 88-197 with North Bakersfield Recreation and Park District to provide services after annexation to the City of Bakersfield to territory identified as Annexation No. 324 (Renfro No. 1 Annexation) generally located at the northeast corner of Renfro Road and Stockdale Highway. Upon a motion by Councilmember Ratty, Agreement No. 88-197 was approved and the Mayor authorized to execute the Agreement. *Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, Ratty, Peterson, McDermott, Salvaggio None None Councilmember DeMond Bakersfield, California, August 10, 1988 - Page 15 Approval of Agreement No. 88-198 with North Bakersfield Recreation and Park District to provide services after annexation to the City of Bakersfield to territory identified as Annexation No. 325 (Calloway No. 2 Annexation) generally located at the northeast corner of Allen Road and Stockdale Highway. Upon a motion by Councilmember Ratty, Agreement No. 88-198 was approved and the Mayor authorized to execute the Agreement. Designation of Voting Delegate for League of California Cities Annual Conference. U~on a motion by Councilmember Salvaggio, Councilmember Smith was a~pointed voting delegate to the League of California Cities Annual Conference. Councilmember Smith will select and recommend her alternate at a future meeting. COUNCIL STATEMENTS Status Report on Homeless Shelter Site Cleanup. (Childs) Hazardous Materials Coordinator Huey stated that a report from George Sweet and Associates has been received. As a result of that report, two areas at the homeless shelter site have been determined to be contaminated. Site One would be to the west of the existing building, where two 1,000 gallon tanks were removed; and Site Two, to the east of the building, where a 550 gallon tank was removed. In the Site Two area, the contam- ination runs approximately 28 feet below grade, and Site One is contaminated down to 84 feet. Mr. Huey will be having prelimi- nary meetings with the Kern County Health Department and a repre- sentative from Penzoil. Councilmember Childs requested staff provide the Council with a written report when it becomes available. Vice-Mayor Smith stated that there is a vacancy on the Citizens Auditorium Committee due to the resignation of Shirley LaTouf. Upon a motion by Councilmember Ratty, the issue of the "No Smoking Ordinance" was referred to the Budget and Finance Committee. Upon a motion by Councilmember Childs, the issue of the Dr. Martin Luther Kin~ Jr. Community CenSer Citizens Advisory Committee not having regular meetinqs was referred to the Auditorium and Community Services Committee with a recommendation to come back to Council. Bakersfield, California, August 10, 1988 - Page 16 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember McDermott, the meeting was adjourned at 8:43 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