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HomeMy WebLinkAbout07/27/1988 MINUTES CCBakersfield, California, July 27, 1988 Minutes of the Special Meeting the Council of the City of Bakersfield, California, for the purpose of a Workshop held in the Fire Department Training Classroom, 2130 "G" Street (22nd & "G" Streets) at 5:15 p.m., July 27, 1988. The meeting was called to order by Mayor Payne. Roll was called as follows: Present: Mayor Payne. Absent: None Councilmembers Childs, DeMond, Smith, Peterson, McDermott, Salvaggio, Ratty (seated at 5:40 p.m.) WORKSHOP HAZARDOUS MATERIALS Hazardous Materials Coordinator Ralph Huey, spoke regarding State Law 2185 and Federal Law Title III and provided an update on hazardous materials record storage pertaining to these laws. The Hazardous Materials response team simulated a haz- ardous material spill showing apparatus, equipment and the normal evaluation of events. Battalion Chief Richard Stacy and Captain Dean Clasen were narrators. Council, ADJOURNMENT There being no further business to come before the the meeting was adjourned at 5:50 p.m. MAYOR of the City of B~ersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the of the City of Bakersfield, California Council bz Bakersfield, California, July 27, 1988 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers City Hall at 7:00 p.m., July 27, 1988. of The meeting was called to order by Mayor Payne followed by the Invocation by Mr. Ken Keith, Member of the Board of Deacons, First Assembly of God Church, followed by the Pledge of Allegiance. Deputy City Clerk Gafford called the roll as follows: Present: Mayor Payne. Absent: None Councilmembers Childs, DeMond, Ratty, Peterson, Salvaggio Smith, McDermott, MINUTES Upon a motion by Councilmember Childs, Minutes of the Special Meeting of May 25, 1988 and Regular Meeting of May 25, 1988, were approved. PRESENTATION Mayor Payne presented a Proclamation to Loron J. Hodge, Manager, Water Association of Kern County, proclaiming July 28, 1988, as "MILLER-HAGGIN CENTENNIAL CELEBRATION DAY". Mr. Loron J. Hodge accepted the proclamation and invited the Mayor and Councilmembers to attend the "Miller-Haggin Centennial Celebration Day". PUBLIC STATEMENTS Assistant Police Chief Anderson, 1601 Truxtun Avenue, spoke regarding the Police Olympics and thanked the Council for their support. Danny Williams, 11917 Palm Avenue, spoke regarding the rules and regulations for Limousines. He requested that a commit- tee be formed to review the rules and regulations. Upon a motion by Councilmember Peterson, review of the rules and regulations for Limousines was referred to the Urban Development Committee. Councilmember Smith submitted information from Helen Ribble, 3205 Panorama Drive, regarding Recreational Vehicle Parking at 3201 Panorama Drive, with information referred to st~ff. Jim Parker, 2330 20th Street, presented a check in the amount of $4,200 to the City of Bakersfield, with the condition that the funds be put in a trust and used for acquisition for additional right-of-ways for the bike path upstream of Manor Street. He would like to see the bike path extended the length of the river from the mouth of the Canyon to Cal State Bakersfield. Bakersfield, California, July 27, 1988 - Page 2 Upon a motion by Councilmember Salvaggio, the check in the amount of $4,200 was accepted, with the condition that the funds be put in a trust and used for acquisition of additional right-of-ways for the bike path upstream of Manor Street; and directed the Finance Director to establish an account for this purpose. HEARINGS This is the time set for public hearing on Resolution of Intention No. 1047 of the Council of the City of Bakersfield declaring its intention to establish Maintenance District No. 18, generally located west of Fairfax Road and south of Dorset Drive. This hearing has been duly advertised, posted and the property owners notified as required by law. Public Works Manager Schulz 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. Adoption of Resolution No. 149-88 of the Council of the City of Bakersfield establishing Maintenance District No. 18 and confirming the assessment. Upon a motion by Councilmember Smith, Resolution No. 149-88 of the Council of the City of Bakersfield establishing Maintenance District No. 18 and confirming the assessment was adopted subject to the conditions that the City receive a Grant Deed for Lot 22 of Tract 4487, and an Assignment of Rights of Indemnification from the parties who have received such rights under the settlement agreement involved in the slope and slope reconstruction litigations, and also receive a copy of the Settlement Agreement, by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Councilmember Salvaggio clarified his vote stating he supported the creation of Maintenance District No. 18, although in the past he has opposed the creation of Maintenance District because he does not believe in them. He feels that as long as the Council is trying to work towards alleviating the inequities he will be part of the process. Bakersfield, California, July 27, 1988 - Page 3 This is the time set for public hearing before the Council of the City of Bakersfield on Resolution of Intention No. 1048 declaring its intention to order abandonments providing four 50-foot wide vehicular access openings (three on White Lane and one on Ashe Road) in the area bounded by Parcel Map No. 7670 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. Mayor Payne declared the hearing open for public participation. No protests or objections being received, and no one wishing to speak in favor, Mayor Payne closed the public por- tion of the hearing for Council deliberation and action. Adoption of Resolution No. 150-88 of the Council of the City of Bakersfield ordering abandonments providing four 50-foot wide vehicular access openings (three on White Lane and one on Ashe Road) in the area bounded by Parcel Map No. 7670 in the City of Bakersfield. Upon 150-88 of the the following a motion by Councilmember Ratty, Resolution No. Council of the City of Bakersfield was adopted by vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: None Peterson, REPORTS Councilmember Salvaggio, Chairperson of the Water Resources Committee, read Report No. 2-88 regarding appropriation of litigation settlement funds ($55,000) for Truxtun Lake pipe- line and State Grant funds ($20,000 for Urban Streams Restoration Program as follows: Due to the recent success in settlement of the Kern Tulare Water District and Rag Gulch Water District vs. City of Bakersfield litigation, a major condition of the settlement was that the City be reimbursed attorney's fees amounting to $74,720. These expenses were incurred by the City Water Department from January 1985 through April of 1988 in the defense of these cases. Bakersfield, California, July 27, 1988 - Page 4 On June 8, 1988, the City Council approved a water exchange agreement with the Improvement District No. 4 (ID-4) of the Kern County Water Agency to provide an alternate supply of State water to Truxtun Lake for groundwater recharge. As a part of the Water Exchange Agreement the City would construct a water pipeline from the Cross-Valley Canal located on the north side of the Kern River channel to Truxtun Lake. Due to the dry river conditions this year, the optimum period to construct the cross-river pipeline would be during September and October of this year. This would allow City staff time to complete the final design of the pipe- line and secure the necessary permits from the State Reclamation Board. The pipeline project would be coordinated with the Urban Streams Restoration project that would provide State funding to restore and plant approximately 200 new trees along the shoreline of the Kern River between Highway "99" and Coffee Road this fall. By constructing these projects at the same time, the pipeline work and tree planting could be completed by October 31st, which would allow Truxtun Lake to be refilled in early November. If completed this year, these projects will create a major visual impact to the Kern River Parkway and to the Community for many years to come. In order to meet these work schedules and com- plete the projects by November 1st of this year, the Committee recommends acceptance of this report and requests that the following actions be taken: Authorize $55,000 from litigation settle- ment funds to be used to complete the design and construction of the Truxtun Lake Pipeline Project; and Authorize $20,000 of State Department of Water Resources grant funds be appropri- ated for the implementation of the Urban Streams Restoration Program. Upon a motion by Councilmember Salvaggio, Water Resources Committee Report No. 2-88 was accepted. Bakersfield, California, July 27, 1988 - Page 5 Upon a motion by Councilmember Salvaggio, tions of Water Resources Committee Report No. 2-88 mented by the following vote: recommenda- were imple- Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Peterson, Councilmember Salvaggio, Chairperson of the Water Resources Committee, read Report No. 3-88 regarding Bakersfield Airpark Site Assessment Work Plan as follows: The Water Resources Committee met on July 12, 1988, and reviewed the proposals received for the Bakersfield Airpark site contamination assessment plan. This site assessment, required by the State Department of Health Services, is to be completed by a qualified environmental engineer or professional geologist, registered with the State of California, and experienced in performing environmental assessments. The Airpark site assessment is to define the full extent (area and depth) of the contamina- tion at the old sump and the area adjacent to Garriotts property, as well as the full extent of the contamination at an oil ditch previously used as a waste oil sump at the Airpark. In addition to these complete assessments, reconnaissance investigations to determine if any additional contamination exists at the Airpark will be conducted at (4) four additional sites as prescribed by the Department of Health Services. Depending upon the results of those investigations, addi- tional testing may be required. Once the testing is completed, a remedial action plan must be completed to satisfy the requirements of the State Department of Health Services, Regional Water Quality Board and the Federal Environmental Protection Agency. Fifty-six engineering companies were contacted to request initial qualification information. Twelve of these companies were invited to sub- mit proposals and nine proposals were received. The proposal from Ensco Environmental Services, Inc. was found to be the most com- prehensive and thorough, with the best grasp of the overall project and the needs of the City in this investigation. The company's qualifications and background in contaminated Bakersfield, California, July 27, 1988 - Page site investigations make them a good choice for the Bakersfield Airpark project. The Water Resources Committee, therefore, recom- mends we accept their bid of $83,030 for the Bakersfield Airpark Site Contamination Assessment. Upon a motion by Councilmember Salvaggio, Water Resources Committee Report No. 3-88 was accepted. Upon a motion by Councilmember Salvaggio, recommenda- tions of Water Resources Committee Report No. 3-88 were imple- mented and the transfer of $83,030 from Council Contingency to the Airpark Fund was authorized by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, $alvaggio Noes: None Abstain: None Absent: None Peterson, Councilmember Ratty, Chairperson of the Budget and Finance Committee, read Report No. 33-88 regarding Downtown Improvement District ~udget for Fiscal Year 1988-89 as follows: On May 11, 1988, the Proposed Annual Budget for the Downtown Improvement District (D.I.D.) for Fiscal Year 1988-89 was referred to the Budget and Finance Committee for review. The ~udget totals $50,100. The major source of revenues is from district assessments, which total $49,000. The ~udget submitted by the Downtown Business Association is comparable to the one approved by the Council for Fiscal Year 1987-88. They do not anticipate any significant changes in D.I.D. revenues and feel the $49,000 in assessment revenue is a conservative estimate. The ~udget includes expenditures associated with the promotion and improvement of the Downtown Area, including the annual Christmas Parade, Street Faires, and other promotional events conducted by the Downtown Business Association. The Committee has reviewed the Budget in its role as Trustee of the D.I.D. funds and recom- mends the Proposed Annual Budget be accepted and approved. Upon a motion by Councilmember Ratty, Budget and Finance Committee Report No. 33-88 was accepted. Bakersfield, California, July 27, 1988 - Page 7 Upon a motion by Councilmember Ratty, recommendations of Budget and Finance Committee Report No. 3-88 were implemented. Councilmember McDermott, Chairperson of the Urban Development Committee, read Report No. 6-88 regarding traffic control at the intersection of Westwind Drive and Truxtun Avenue as follows: On June 22, 1988, the issue of traffic control at the intersection of Westwind Drive and Truxtun Avenue was referred to the Urban Development Committee for review. The Committee has reviewed various traffic solutions presented by staff which would improve the traffic flow and reduce conflicts at the intersection. Also at the request of the Committee, the staff has met with various adjacent property and business owners in the Westwind area to assess the impact of these proposed solutions. Based upon the information gained from these contacts, and staff's recommendation, the Committee recommends that the left turn restricting median be placed on Truxtun Avenue at Westwind Drive in-lieu of traffic signal control. Additionally, a break in the median, east of the intersection and the canal, would be constructed to allow U-turns on Truxtun. The Committee further recommends that the con- struction of a traffic signal at the intersec- tion of 19th and Oak Streets be studied. This traffic signal would be proposed for construc- tion when traffic signal warrants are met. We recommend acceptance and approval of this report. Upon a motion by Councilmember McDermott, Urban Development Committee Report No. 6-88 was accepted. Upon a motion by Councilmember McDermott, recommenda- tions of Urban Development Committee Report No. 6-88 were imple- mented. Councilmember Childs, Chairperson of Committee, read Personnel Committee Report No. Charter Amendments - Final Report as follows: the Personnel 13-88 regarding This is the final report of the Personnel Committee on the Charter Amendment for the November 1988 Ballot. There are a few changes to be made to the Charter Amendment distrib- uted to the Council at the July 6, 1988 meeting. Bakersfield, California, July 27, 1988 - Page 8 Again, we recommend that the Charter revisions be separated into seven ballot measures, each to receive a separate vote by the electorate. The measures and sequence are depicted in the resolutions on this agenda. The Personnel Committee recommends that the Mayor's salary be set in the Charter at $24,000. Although the salary issue received considerable discussion, it was decided by the Committee that $24,000 was an appropriate amount based on a salary survey of cities with directly elected mayors and based on the rec- ommendation of the Charter Review Committee. We also support the changes recommended by tile employee organizations that resulted from their review of the proposed Charter Amendment. There have been many compromises that have come about throughout the long proc- ess and this Committee feels that the Charter Amendment should incorporate all of the changes listed in the memo of July 15, 1988 from the Assistant City Manager. The Personnel Committee requests Council acceptance of this report and approval of recommendations. its Upon a motion by Councilmember Childs, Personnel Committee Report No. 13-88 was accepted. Councilmember $alvaggio stated that an agreement had been reached between the Police Department and the Union repre- senting the Miscellaneous Employees and submitted the following as an addendum to the Final Report: Section (228) 8. be changed "Sworn officers and nonsworn personnel in classifications unique to the Police Department shall be on probation for a period of one year; and all other nonsworn personnel to have a six- month probation." Upon a motion by Councilmember Childs, the addendum to the Charter change, was considered as an item that arose after the agenda was prepared. Councilmember Childs made a motion to implement the rec- ommendations of Personnel Committee Report No. 13-88 with the addendum. Councilmember McDermott made a substitute motion to divide the question and vote on Measures B and C dealing with Mayor and Council's salary separately. the Bakersfield, California, July 27, 1988 - Page 9 City Manager Hawley explained that the cost to place the measures on the ballot would depend on the number of other issues on the ballot. He stated that the amount could range from $40,000 to $160,000, depending on how many cards were used and if the issues were placed on the ballot in November or deferred until June. Councilmember Childs withdrew his motion, and asked Councilmember McDermott to withdraw his motion. Upon a motion by Councilmember Childs, Items 12. h, i, and j, were moved forward on the agenda. Councilmember Peterson stated for the record that he appreciates the time spent on community service by the Charter Review Committee. Councilmember Childs made a motion to implement the recommendations within Personnel Committee Report No. 13-88. divide motion Councilmember McDermott made a substitute motion to the issue to vote on Measure B and C separately. The failed by the following vote: Ayes: Councilmembers Smith, McDermott Noes: Councilmembers Childs, DeMond, Ratty, Peterson, Salvaggio Abstain: None Absent: None Mayor Payne restated Councilmember Childs' motion to implement the recommendations within Personnel Committee Report No. 13-88. The motion was approved by the following vote: Ayes: Councilmembers Childs, DeMond, Ratty, Peterson, Salvaggio Noes: Councilmembers Smith, McDermott Abstain: None Absent: None Councilmember Childs clarified his vote. He thanked the Council and the Charter Committee for their hard work in regards to trying to make Bakersfield a better place to live. He also stated that Vernon Strong and Art Arviso were asked to serve on the Charter Review Committee from the formation of the Committee. Councilmember Smith clarified her "no" vote, stating she was sorry that she didn't get to vote on the other five measures to show her support for them. She felt that the vote tonight certainly does not indicate that the Council and the Mayor will receive a salary increase but indirectly her vote would, if she voted yes, be a vote for a salary increase. Bakersfield, California, July 27, 1988 - Page 10 Councilmember McDermott clarified his "no" vote stating it was unfortunate that he was not given the opportunity to support the other five measures. He felt he articulated earlier some of the reasons why he did oppose placing B and C on the ballot. The Council needs to remember that if the Council is doing the type of job that would allow the citizens of the community to give the Council a salary raise, he believes the citizens of the community can make that decision themselves and can go out and would start the process themselves rather than the Council recommending to the citizens of Bakersfield that the Council be given a salary raise. Adoption of Resolution No. 151-88 of the Council of the City of Bakersfield calling the General Municipal Election for the Office of Mayor, providing for the consolidation of said election with the Special Municipal Election for the purpose of submitting to the electors of the City amendments to the Charter of the City of Bakersfield, and the General Election to be conducted by the County on November 8, 1988. Upon 151-88 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, DeMond, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: None Peterson, Adoption of Resolution No. 152-88 of the Council of the City of Bakersfield calling the Special Municipal Election for the purpose of submitting to the electors of the City amendments to the Charter of the City of Bakersfield, and providing for the consolidation of said Special Municipal Election with the General Municipal Election for the Office of the Mayor and the State of California General Election, all to be held on Tuesday, November 8, 1988, and requesting the Board of Supervisors of the County of Kern to order the consolidation of said elections. Upon 152-88 of the the following a motion by Councilmember DeMond, Resolution No. Council of the City of Bakersfield was adopted by vote: Ayes: Noes: Abstain: Absent: Councilmembers Childs, DeMond, Ratty, Councilmembers Smith, McDermott None None Peterson, Salvaggio Bakersfield, California, July 27, 1988 - Page 11 Adoption of Resolution No. 153-88 of the Council of the City of Bakersfield requesting the Board of Supervisors of the County of Kern to order the con- solidation of two city elections, to wit: the General Municipal Election for the Office of Mayor and the Special Municipal Election for the purpose of submitting to the electors of the City Amendments to the Charter of the City of Bakersfield, with the State of California General Election to be held on Tuesday, November 8, 1988 and setting forth the list of candidates for Mayor and the exact form of the measures to be voted upon at such elections as the same are to appear on the ballot. Upon a motion by Councilmember Salvaggio, Resolution No. 153-88 of the Council of the City of Bakersfield was adopted and the transfer up to $55,000.00 from Council Contingency to the City Clerk's Budget was approved by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Peterson, CONSENT CALENDAR The following items were listed on the Consent Calendar: a o Approval of Warrant Nos. 9782 to 10188 inclu- sive, in the amount of $3,281,158.82 for 1987-88 and Approval of Warrant Nos. 0001 to 0079 inclusive, in the amount of $427,448.98 for 1988-89. Communication from Oceanic California Inc., P.O. Box 11165, dated July 15, 1988, request- ing to amend the Land Use Element of the Bakersfield Metropolitan Area General Plan, as su~nitted in the project summary, for Sections 6 and 7, generally located south of Stockdale Highway to White Lane and west of Old River Road to Buena Vista Road. (RECEIVE AND REFER TO THE PLANNING COMMISSION FOR STUDY AND RECOMMENDATION) Communication from Oceanic California Inc., P.O. Box 11165, dated July 15, 1988, request- ing to submit an application to amend the Land Use Element of the Bakersfield Metropolitan Area General Plan from Medium Density Residential to Commercial on approximately 20 acres located east of the Arvin-Edison Canal, south of Ming Avenue and west of Gosford Road. (RECEIVE AND REFER TO THE PLANNING COMMISSION FOR STUDY AND RECOMMENDATION) Bakersfield, California, July 27, 1988 - Page 12 Communication from Oceanic California Inc., P.O. Box 11165, dated July 13, 1988, request- ing to amend the Bakersfield Metropolitan Area General Plan from Medium Density Residential and General Commercial to all General Commercial on property located at the north- east corner of White Lane and Gosford Road. (RECEIVE AND REFER TO THE PLANNING COMMISSION FOR STUDY AND RECOMMENDATION) Communication from Oceanic California Inc., P.O. Box 11165, dated July 15, 1988, request- ing to amend the Land Use Element of the Bakersfield Metropolitan Area General Plan from Commercial to Office on approximately 20 acres located in the Stockdale Center bounded on the west by Scarlet Oaks Blvd., on the north by Camino Media, east by Haggin Oaks Blvd., and south by vacant land currently planned for commercial use. (RECEIVE AND REFER TO THE PLANNING COMMISSION FOR STUDY AND RECOMMENDATION) Communication from Mosesian Development Corporation, 1000 Truxtun Avenue, Suite A, dated July 15, 1988, requesting to amend the Land Use Element of the Bakersfield Metropolitan Area General Plan from M-1 (Motor Vehicle Oriented) to M-1 (General Purpose) on a 60-acre tract bounded by U.S. 99, Harris Road, Wible Road and Tract 4060. (RECEIVE AND REFER TO THE PLANNING COMMISSION FOR STUDY AND RECOMMENDATION) Communication from Cornerstone Engineering, Inc., 5700 Stockdale Bwy., Suite 620, dated July 12, 1988, requesting the formation of a maintenance district for walls and landscaping on property located within Tract 4919. (RECEIVE AND REFER TO THE PUBLIC WORKS DEPARTMENT) Communication from Cal Bidwell, City Building Director, dated July 11, 1988, regarding Vector Control and other public health mat- ters. (RECEIVE AND REFER TO THE INTERGOVERNMENTAL RELATIONS COMMITTEE) Claim for Damages and Personal Injuries from the following: 1. Geri Lester, 6700 Nottingham, #29; 2. Jose V. Flores, 1318 E. 18th Street; 3. Margaret Spencer, 7505 Quailwood Drive, #A; Bakersfield, California, July 27, 1988 - Page 13 1'!5 4. Carlos F. Rivera, 424 T Street; 5. William J. Hawkesworth, 2305 Carlira Road; 6. Fireman's Fund Insurance, 2490 W. Shaw, Fresno; 7. Marta Asencion Rojas, 7823 Emperor Street, #194, Lamont; and 8. Maxine Lavelle Fagundes, 11121 Walnut Street, Oakdale. j. Dedication of Properties: Irrevocable Offer of Dedication from Panama Union School District for a por- tion of Akers Road and Louden Street, south of Harris Road and east of Akers Road. Water line and storage tank Right-of-Way Deed from California Harvest Shops, Inc. for final portion of Ag-Domestic Interface project. Grant an Easement to Pacific Gas & Electric Company for underground electric cables to City's 2800 Acre Interface Well No. 2 Blockhouse. Improvement Contract No. 88-173 for Parcel Map Waiver No. 7-88 for four parcels on 10.55 acres located at the southwest corner of White Land and Ashe Road. (THOMAS M. COLEMAN) Notices of Completion and Acceptance of Work for the following projects: Resurfacing Truxtun Avenue from 900' West of A.T. & S.F. Railroad to Oak Street - FAU M-F-247(2), Contract No. 88-112 with Granite Construction, was completed on June 28, 1988. Improvements on White Lane, Ming Avenue, and Brundage Lane, FAU Nos. M-3007 (12), M-3007 (13), M-248 (5), Contract No. 88-105 with Granite Construction, was completed on July 5, 1988. Resurfacing South "H" Street between Brundage Lane and Belle Terrace, Contract No. 88-115 with James G. Francis, was completed on July 5, 1988. Resurfacing portions of "H" Street, Eye Street, Columbus Street, Noble Avenue, Arnold Street and Vanderbilt Drive, Contract No. 88-104 with Granite Construction, was completed on July 1, 1988. Bakersfield, California, July 27, 1988 - Page 14 Traffic signal system on "Q" Street at West Columbus Street, Contract No. 88-68 with A-C Electric Company, was completed on July 8, 1988. o Resurfacing portions of Brundage Lane, Hughes Lane, Wible Road, Belle Terrace and P!anz Road, Contract No. 88-85 with Griffith Company, was completed on July 18, 1988. Contract Change Order No. 1 Contract No. 87-304, with Granite Construction Company improvements for Assessment District No. 86-1. (Panorama Drive/Morning Drive) for Approval of the Housing Authority of Kern County as representative to the Homeless Coalition Task Force. Agreement No. 88-174 with Niles Surgical and Medical Group to provide a Physical Assessment Program. Agreement No. 88-175 with Edgewater Shores Lakefront Owners Association, Agreement No. 88-176 with Vineyards Homeowners Association, and Agreement No. 88-177 with Parkside Partners, to grant maintenance duties to two private associations and one partnership. (Maintenance Distr~ct No. 1) Agreement No. 88-178 with Smith Land Surveying Inc. to perform surveying services for con- struction of "H" Street Underpass at A.T. & S.F. Railroad, and authorize the Mayor to execute the Agreement. Award Contract No. 88-179 for standby electric generating system for Laborde Water Pumping Station No. L201, to Quinn Company in the amount of $19,821.00, reject all other bids and authorize the Mayor to execute the Contract. Upon a motion by Councilmember DeMond, Items a, b, c, d, e, f, g, h, i, j, k, 1, m, n, o, p, q, r, s and t of the Consent Calendar were approved by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, $alvaggio Noes: None Abstain: None Absent: None r o was please to be able to support all of Calendar, particularly item "s". Councilmember Salvaggio clarified his vote the items Ratty, Peterson, stating he on the Consent Bakersfield, California, July 27, 1988 Page 15 ACTION ON BIDS Approval of Annual Contract No. 88-180 with Maneri Sign Co. for Traffic Signs for Public Works. Upon a motion by Councilmember DeMond, low bid in the amount of $33,392.65 from Maneri Sign Co. was accepted, the other bid rejected, and the Mayor authorized to execute the Contract. Approval of Contract No. 88-181 with Memorex-Telex for Civic Autidorium Telephone System. Upon a motion by Councilmember DeMond, the bid from Memorex-Telex in the amount of $81,478.72 was accepted, and the Hayor authorized to execute the Contract. DEFERRED BUSINESS Adoption of Ordinance No. 3171 of the Council of the City of Bakersfield adding Section 17.64.038 to the Bakersfield Municipal Code relating to Garage Conversions. This Ordinance was given first reading at the meeting of July 6, 1988. Upon a motion by Councilmember McDermott, 3171 of the Council of the City of Bakersfield was following vote: Ordinance No. adopted by the Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Peterson, Adoption of Ordinance No. 3172 of the Council of the City of Bakersfield amending Section 17.06.020 of 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 north side of Auburn Street, approximately one-half mile east of Fairfax Road, and commonly known as 6200 Auburn Street, from a P.U.D. (Planned Unit Development) Zone to a Revised P.U.D. (Planned Unit Development) Zone. This Ordinance was given first reading at the meeting of July 6, 1988. Bakersfield, California, July 27, 1988 - Page 16 Upon a motion by Councilmember Ratty, Ordinance No. of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Childs, DeMond, Ratty, McDermott, Salvaggio Councilmember Smith None None Peterson, 3172 NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield adding Sections 17.04.285, 17.18.025 B., 17.22.030 V., 17.24.040 0., and 17.28.030 N., and amending Section 17.30.030 of the Bakersfield Municipal Code relating to Food and/or Shelter Service Agencies. The proposed ordinance was drafted in response to con- cerns expressed by the Baker Street merchants in the Baker Street Specific Plan and by the Downtown Business Association regarding the location of transient food and shelter facilities in business districts. Councilmember DeMond requested this item be deferred to the meeting of August 31, 1988. Adoption of Resolution No. 154-88 of the Council of the City of Bakersfield authorizing the Police Department to participate in the California Witness Protection Program (CWPP) and to execute standard Agreements therefor. Upon 154-88 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, DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 155-88 of the Council of the City of Bakersfield amending Resolution Nos. 143-88 and 99-88 for Maintenance District No. 1, approving and adopting the 1988-89 budget, levying assessments, reserving the right to perform maintenance work by City forces and authorizing collection of assessments by the Kern County Tax Collector. Bakersfield, California, July 27, 1988 - Page 17 Upon a motion by Councilmember Peterson, Resolution No. 155-88 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, Adoption of Resolution No. 156-88 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. 322, LAFCO Proceeding No. 966, Calloway No. 1. (Ward 4) Upon 156-88 of the the following a motion by Councilmember Ratty, 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, $alvaggio Peterson, Adoption of Resolution No. 157-88 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. 321, LAFCO Proceeding No. 971, Casa Loma No. 3. (Wards 1 & 7) Upon 157-88 of the the following a motion by Councilmember Childs, Resolution No. Council of the City of Bakersfield was adopted by vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio None None None Ratty, Peterson, Adoption of Resolution No. 158-88 of the Council of the City of Bakersfield making findings and ordering the territory designated as Proceeding No. 969, Annexation No. 320 (Oswell No. 7), annexed to the City of Bakersfield. (Ward 1) Bakersfield, California, July 27, 1988 - Page 18 Upon a motion by Councilmember Childs, Resolution No. 158-88 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, Adoption of Resolution of Application No. 159-88 of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 327 (Brundage Lane No. 3 Annexation) generally located at the intersection of Brundage Lane/Stockdale Highway and Oak Street/Wible Road (WARD 5). Upon a motion by Councilmember Peterson, Resolution of Application No. 159-88 of the Council of the City of Bakersfield was adopted and the Negative Declaration was approved by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: None Peterson, Adoption of Resolution No. 160-88 of the Council of the City of Bakersfield authorizing collection of assessments by the Kern County Tax Collector. Upon a motion by Councilmember Peterson, Resolution No. 160-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Contract No. 88-182 with Ability Janitorial Company, and Addendum to Contract No. 87-241 with Ability Janitorial Company for janitorial services at the Bakersfield Airpark. Upon a motion by Councilmember Childs, Contract No. 88-182 was approved and the Mayor authorized to execute the contract. Bakersfield, California, July 27, 1988 - Page 19 Additional engineering studies regarding the underground fuel contamination at the Rio Bravo Fire Station. Upon a motion by Councilmember Smith, ized to proceed with testing by Twining Labs, $2,809.00, by the following vote: staff was author- Inc., not to exceed Ayes: Councilmembers Noes: None Abstain: None Absent: None Smith, Childs, DeMond, McDermott, Salvaggio Ratty, Peterson, Final Report from Kern Council of Governments regarding Bakersfield Intermodal Transit Facility Plan. Councilmember Salvaggio made a motion to receive the Final Report and place on file. Upon a motion by Councilmember DeMond, Mr. Ron Brummett was recognized to speak before the Council. Mr. Ron Brummett, Assistant Director, Kern Council of Governments, requested that the Final Report regarding Bakersfield Intermodal Transit Facility Plan be referred to the Central District Development Agency for review and consideration. Councilmember Salvaggio amended his motion to receive and refer the Final Report from Kern Council of Governments regarding Bakersfield Intermodal Transit Facility Plan to the Central District Development Agency. This motion was approved. Authorization to sell as surplus, two abandoned fire stations (4th and L Streets and Brundage Lane and King Streets). Upon a motion by Councilmember Peterson, two abandoned fire stations were declared as surplus, and the Finance Director authorized to negotiate the sale by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: None Peterson, Communication from Community Services Manager, dated July 21, 1988, regarding Kern County Landfill Gate fees. Upon a motion by Councilmember Smith, a public hearing was set for August 8, 1988 at 5:15 p.m. regarding Kern County Landfill Gate Fees. Bakersfield, California, July 27, 1988 Page 20 One vacancy on the Historic Preservation Commission due to the resignation of Commissioner Alice Randall, term expiring March 30, 1989. Upon a motion by Councilmember Peterson, Gwen Hair was appointed to the Historic Preservation Commission. Term expiring March 30, 1989. 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 Childs, applications were opened, nominations to close in one month (August 31, 1988). COUNCIL STATEMENTS Referral process of the Litigation Committee. (Childs) Councilmember Childs made a motion that all matters dis- cussed by the Litigation Committee be referred to that Committee by Council action. Councilmember Peterson made a substitute motion to con- tinue with the current procedure for the Litigation Committee referrals. Upon a motion by Councilmember Childs the call for the questions was approved. Mayor Payne restated Councilmember Petersoh's substitute motion to use the same procedure as currently exists for refer- ring matters to the Litigation Committee. This motion was approved by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, DeMond, Ratty, Salvaggio Councilmember Childs None None Peterson, McDermott, External lighting standards in shopping malls. (DeMond) Upon a motion by Councilmember DeMond, staff was directed to study and review the matter of external lighting standards in older shopping areas and report back to the Council. Councilmember DeMond requested that the Shelter and Food Agency issue be deferred to the August 31, 1988 meeting. Bakersfield, California, July 27, 1988 - Page 21 Adoption of Resolution No. 161-88 of the Council of the City of Bakersfield of Support for "Fair Share" of Hazardous Waste Management Approach. (Salvaggio) Upon a motion by Councilmember Salvaggio, Resolution No. 161-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Status Report on Homeless Shelter Site Cleanup. (Childs) Upon the request of Councilmember Childs, status report on homeless shelter site cleanup was deferred to the meeting of August 10, 1988. Vice-Mayor Smith stated she received a resume from Maxine Parker for the vacancy on the Miscellaneous Department Civil Service Board. She provided copies to the Council. Upon a motion by Vice-Mayor Smith, information received by telephone, regarding Mesa Marin Baseball Facility, was referred to the Auditorium and Community Services Committee. Councilmember Peterson requested staff report back to Council regarding correspondence received from Mr. Wayne Kel~ner regardinq responsible bidder. Councilmember Salvaggio urged the Budget and Finance Committee to report back to Council on the issue of Cable Companies, pedestals and other issues as soon as possible. Mayor Payne stated that he has appointed Carl Frazer to fill a vacancy on the Historic Preservation Commission, term expiring March 30, 1990. CLOSED SESSION Upon a motion by Councilmember DeMond, Council adjourned to the City Manager's Conference Room for Closed Session at 9:25 p.m. Closed Session pursuant to Government Code Section 54956.9(a) regarding Ayers vs. City of Bakersfield. Closed Session pursuant to Government Code Section 54956.9(a) regarding City of Bakersfield vs. Charles Burger. Bakersfield, California, July 27, 1988 - Page 22 Council, ADJOURNMENT There being no further business to come before the the meeting was adjourned at 10:05 p.m. RAYOR of the City of Bak~frsfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California bz