HomeMy WebLinkAbout07/06/1988 MINUTES CCBakersfield, California, July 6, 1988
Minutes of the Regular Meeting of the Council of
the City of Bakersfield, California, held in the Council
Chambers of City Hall at 7:00 p.m., July 6, 1988.
The meeting was called to order by Mayor Payne
followed by the Invocation by Randy Rankin, Member of the
Board of Trustees, First Assembly of God Church and the
Pledge of Allegiance.
City Clerk Williams called the roll as follows:
Present: Mayor Payne. Councilmembers Childs, DeMond,
Smith, Ratty, Peterson, McDermott,
Salvaggio (seated 7:04 p.m.)
Absent: None
PUBLIC STATEMENTS
Mr. Leo Whitecotton, President, Artisan's Guild,
P. O. Box 9956, spoke regarding reserving Patriot's Park for
the International Art Fair and Annual Food Festival 120 days
prior to the event.
Upon a motion by Councilmember Ratty, the Arti-
san's Guild's proposal was referred to the Auditorium
Committee.
HEARINGS
THIS IS THE TIME SET FOR A PUBLIC HEARING TO
CONSIDER AND ACT UPON THE ADOPTION OF AN
ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ESTABLISHING SEWER USER CHARGES
AND FEES FOR FISCAL YEAR 1988-89.
This
as required by
at the meeting
hearing has been duly advertised and posted,
law. This Ordinance was given first reading
of June 22, 1988.
Public Works Manager Schulz provided an update.
Mayor Payne declared the hearing open for public
participation.
No protest 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 ORDINANCE NO. 3168 OF TttE COUNCIL
OF THE CITY OF BAKERSFIELD ESTABLISHING SEWER
USER CHARGES AND FEES FOR FISCAL YEAR 1988-89.
Upon a motion by Councilmember Ratty, Ordinance
No. 3168 of the Council of the City of Bakersfield was
adopted by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Childs, DeMond,
McDermott
Councilmembers Peterson, Salvaggio
None
None
Ratty,
Bakersfield, California, July 6, 1988 Page 2
ADOPTION OF RESOLUTION NO. 132-88 OF THE
COUNCIL OF THE CITY OF BAKERSFIELD PROVIDING
FOR THE COLLECTION OF SEWER CHARGES BY THE
COUNTY TAX COLLECTOR.
Upon a motion by Councilmember Ratty, Resolution
No. 132-88 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
THIS IS THE TIME SET FOR A PUBLIC HEARING
BEFORE THE COUNCIL OF THE CITY OF BAKERSFIELD
ON RESOLUTION OF INTENTION NO. 1046 DECLARING
ITS INTENTION TO ORDER THE VACATION OF THE
EASTERLY HALF OF THE ALLEY IN BLOCK 4 OF
HOMAKER PARK TRACT 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.
Bert James of Milazzo & Associates, representing
Picadilly Cafeterias spoke in support of the vacation of the
easterly half of the alley in Block 4 of Homaker Park Tract,
and rebutted the comments made by Mr. Beckman.
Peter Beckman of Eyherabide, Pearl and Beckman,
1400 Chester Avenue, representing Mr. A1 Shekter, the owner
of the adjacent property where K-Mart is located spoke in
opposition to the vacation of the easterly half of the alley
in Block 4 of Homaker Park Tract and the request to grant
additional easements to the City of Bakersfield for relo-
cated utility lines.
No further protests or objections being received,
and no one else wishing to speak in favor, Mayor Payne
closed the public portion of the hearing for Council deli-
beration and action.
Upon a motion by Councilmember DeMond, the hearing
to consider Resolution of Intention No. 1046 was deferred
until later in the Council meeting.
THIS IS THE TIME SET FOR A PUBLIC HEARING
BEFORE THE COUNCIL OF THE CITY OF BAKERSFIELD
TO DETERMINE WHETHER THE PUBLIC INTEREST AND
NECESSITY REQUIRE TAKING OF PROPERTY LOCATED
BETWEEN HOSKING ROAD AND ASTOR AVENUE, NORTH
OF SHANNON DRIVE IN THE GREENFIELD AREA,
OUTSIDE THE CITY LIMITS, FOR THE PURPOSE OF
ACQUIRING EASEMENT FOR WATER LINE PURPOSES TO
A SUBDIVISION IN THE CITY.
The property owners have been notified of the
hearing as required by law.
Public Works Manager Schulz provided an update.
Mayor Payne declared the hearing open for public
participation.
Bakersfield, California, July 6, 1988 - Page 3
No protest 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. 134-88 OF THE
COUNCIL OF THE CITY OF BAKERSFIELD DECLARING
THE PUBLIC INTEREST AND NECESSITY FOR THE
TAKING OF CERTAIN PROPERTY LOCATED BETWEEN
HOSKING ROAD AND ASTOR AVENUE, NORTH OF
SHANNON DRIVE IN THE GREENFIELD AREA, OUTSIDE
THE CITY LIMITS, FOR ACQUIRING EASEMENT FOR
WATER LINE PURPOSES TO A SUBDIVISION IN THE
CITY. (CODE OF CIVIL PROCEDURE SECTION
1245.230)
Upon a motion by Councilmember Salvaggio, Resolu-
tion No. 134-88 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
REPORTS
Councilmember Peterson, Chairperson of the Litiga-
tion Committee, read Report No. 3-88 regarding Settlement
Procedure as follows~
At its meeting on May 25, 1988, the City
Council referred to the Litigation Committee
the process of settlement of litigation in
light of our experience in Moreland vs. City.
We have met and reviewed this issue with the
City Manager, the City Attorney and staff
litigators. We have concluded that settle-
ment procedure cannot be generalized but must
be considered on a case-by-case basis.
However, the larger related issue raised in
our discussions, case review and control
procedures, can and is being directly addressed.
Since late last year, quarterly meetings have
been held involving the Manager, the City
Attorney's litigation staff, our Risk Manager
and our Claims Administrator to set a loss
reserve for each case filed against the City,
including contract cases, and to review all
pending cases with loss reserves of over
$35,000.
Establishment of this Committee by the
Council earlier this year is facilitating
communications between staff and the Council.
We are meeting regularly to receive updates
on pending cases.
The City Attorney has proposed a format for
Closed Session files on all significant
litigation. These files will contain budgets
for litigation costs, including contract
counsel feels, case summaries, and records of
all actions taken in closed sessions, which
records shall be prepared by the City Clerk
and initialed by the City Attorney. Payments
to cover costs or contract counsels' fees
shall simultaneously be entered in the budget
records and, whenever it appears that costs
Bakersfield, California, July 6, 1988 - Page 4
will exceed the amounts budgeted, cases will
be brought to the Council in closed session
for additional appropriations. The Committee
has directed staff to bring a couple of
significant cases before the Committee using
the Closed Session file format. We shall
then consider the appropriateness of the
format and make adjustments to increase its
value in case analysis and control.
The City Attorney-City Manager's staff will
be working with City departments to build
possible litigation costs into project or
activity costs for budgeting purposes.
This Committee will review and, with staff
input, periodically re-analyze the risk or
exposure in each case where staff advises us
that significant exposure exists, and we
shall recommend settlements and/or adjustment
of our loss reserves where appropriate.
We believe that these improvements in our
processes will avoid many of the problems
involved in Moreland and will be working to
perfect those processes.
No action by the Council is requested at this
time.
Upon a motion by Councilmember Peterson, Litiga-
tion Committee Report No. 3-88 was accepted.
HEARINGS CONTINUED
Upon a motion by Councilmember DeMond, the hearing
to consider Resolution of Intention No. 1046 was brought
back onto the council floor for further discussion.
Mr. Peter Beckman stated an agreement had been
reached where Picadilly would place a wall sufficiently high
along the boundary line to prevent easy access from K-Mart
parking lot. He, therefore, withdrew his objections.
ADOPTION OF RESOLUTION NO. 133-88 ORDERING
THE VACATION OF THE EASTERLY HALF OF THE
ALLEY IN BLOCK 4 OF HOMAKER PARK TRACT IN THE
CITY OF BAKERSFIELD (SOUTH OF 34TH STREET,
EAST OF SAN DIMAS).
Upon a motion by Councilmember DeMond, Resolution
No. 133-88 of the Council of the City of Bakersfield was
adopted by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty,
Peterson, McDermott, Salvaggio
None
None
None
REPORTS CONTINUED
Councilmember Smith read Urban Development Commit-
tee Report No. 3-88 regarding Garage Conversion Amnesty
Ordinance as follows:
Bakersfield, California, July 6, 1988 - Page 5
The Council referred the problem of enforce-
ment of the Zoning Ordinance regarding garage
conversions to the Urban Development Commit-
tee on September 30, 1987. This was precipi-
tated by several appeal hearings by the
Council concerning illegal garage conver-
sions. In our review of the matter, we
determined that an ordinance amendment to
permit garage conversions for homes at least
ten years old would alleviate part of the
problem. One was drafted and referred
through the Council to the Planning Commis-
sion for hearing and recommendation on
January 6, 1988. The Planning Commission
Zoning Ordinance Committee further refined
the draft ordinance and a negative declara-
tion was prepared as a part of the environ-
mental review. In its consideration of the
matter, the Planning Commission felt the
ordinance should be fashioned as an amnesty
for those who unknowingly purchased illegal
conversions or became involved with a conver-
sion problem. Since 1987, state law has
required sellers to disclose to buyers
defects such as illegal garage conversions.
On May 19, 1988, the Planning Commission
conducted its public hearing of the ordinance
which concluded with a recommendation for
adoption. The main points of the ordinance
are that: 1) The Zoning permit for garage
conversion would be issued by the Planning
Director, 2) the converted garage has to be
attached to a residence at least ten years
old, 3) parking would be permitted on the
driveway, 4) if there is a place which can
reasonably accommodate parking and meet the
setback requirements, it will have to be made
available as the legal parking space, 5) no
permit shall be issued for a conversion
completed after December 31, 1987, 6) the
Planning Director's decision is appealable to
the City Council, and 7) this ordinance will
only be effective for two years.
We agree with the ordinance but would change
it to "authorize" the Planning Director
rather than "require" him to issue a permit.
This would allow him to evaluate possible
unanticipated problems that might become
evident later. The draft ordinance has been
revised to reflect that position and attached
to this report.
It is recommended 1) that this report be
accepted and 2) that this be first reading of
the ordinan'ce.
First Reading of an Ordinance of the Council
of the City of Bakersfield adding Section
17.64.038 to the Bakersfield Municipal Code
relating to Garage Conversions.
Upon a motion by Councilmember Smith, Urban
Development Committee Report No. 3-88 was accepted, and
first reading of the ordinance.
Councilmember DeMond asked that staff contact the
general public regarding garage conversions.
Bakersfield, California, July 6, 1988 - Page 6
Councilmember McDermott, Chairperson of the Urban
Development Committee read Report No. 4-88 regarding 2010
General Plan Progress Report as follows:
The Urban Development Committee has continued
to monitor progress of the 2010 General Plan
project. We have the following to report.
The Circulation Element has been redrafted
and distributed to the Planning Commission
and County Planning Advisory Committee on
June 23, 1988.
The Land Use Element policies have been
rewritten by City staff. All comments were
considered in this process. County staff has
responded to most of the changes and has
expressed concern over some of them. Staff
is continuing to meet in an effort to resolve
these differences. A final draft is due on
July 28, 1988. The Planning Commission and
Planning Advisory Committee reviewed the
revised land use map on June 23. City and
County staffs have resolved 89 of 91 issues
that were initially identified by them. A
review of 64 property owner requests for land
use changes is complete, with staffs agreeing
with 30, disagreeing with 32, and split on 2.
As a follow-up to these requests, 23 of 64
letters have been mailed to owners explaining
the staff decision, and the remainder will be
mailed during July.
Staff is now working on the Public Services
Element and should be substantially finished
with that in August.
Due to constraints on staff and budget, the
County was unable to begin work on the EIR.
This has set its adoption date back two
months. However, in an effort to determine
if consultants might be available to do the
work, 43 requests for proposals for the
Genera]. Plan EIR which were mailed to consul-
tants. Four responses were received. Two of
those respondents will be interviewed on July
7 by a five-member committee of personnel
from the City, the County, and Kern COG. A
contract for consultant services is expected
to be issued shortly after completion of this
review of consultant qualifications.
Upon a motion by Councilmember McDermott Urban
Development Committee Report No. 4-88 was accepted and
approved.
Councilmember McDermott, Chairperson of the Urban
Development Committee read Report No. 5-88 regarding Future
Freeway Routes as follows:
As the Urban Development Committee has been
involved in planning for the future develop-
ment of Bakersfield and in reviewing some of
the development problems of today, we have
become very sensitive to the vital relation-
ship between traffic circulation and growth.
Several studies have been made of our future
transportation needs and our engineers and
planners warn us that a freeway system is
crucial to serve the future metropolitan area
Bakersfield, California, July 6, 1988 - Page 7
of Bakersfield. We are no longer a town by
the highway but a growing city with ever-
increasing needs for freeways to carry high
volume traffic.
The draft 2010 General Plan maps out a
freeway system to support our future growth.
Kern County of Governments, as the area's
regional transportation planning agency, has
completed more detailed studies of the
proposed Crosstown Freeway and Westside
Freeway which definitely support the align-
ments shown in the draft 2010 General Plan
and their importance as a part of the re-
gional system. Studies of the Old River and
Panama freeways are budgeted for this year
with follow up on the evaluations done in
preparation of the 2010 General Plan.
At this same time, Kern COG and the Kern
Citizens for Better Transportation have been
working on the "One-Half Cent Sales Tax for
Transportation" ballot measure. A part of
that includes development of an expenditure
plan which lists the projects that would be
funded by the new tax.
The two biggest problems with delaying
decisions to build freeways are the disloca-
tion of homes and businesses and the high
costs which increase tremendously with the
passage of time.
The Urban Development Committee feels that
unless the City supports implementation of a
sound freeway loop system for the metropoli-
tan area contained in the draft 2010 Plan, we
will have lost our opportunity to fund the
system needed to serve tomorrow's growth.
Recognizing the serious shortage of funds to
build the regional and local transportation
system, we recommend that the priority of
freeway projects be: 1) Crosstown, 2)
Westside, 3) Old River, 4) Panama, and 5)
Comanche. The priority actions should be:
1) preservation of future rights-of-way, 2)
acquisition of rights-of-way, and 3) con-
struction of the roads.
It is recommended: 1) that this report be
accepted and 2) that the attached resolution
be adopted supporting the loop freeway system
and priority for its implementation.
Upon a motion by Councilmember McDermott, Urban
Development Committee Report No. 5-88 was accepted.
ADOPTION OF RESOLUTION 135-88 OF T.'{E COU~CIL OF
TIlE CITY OF BAKERSFIELD RELATING TO ANTICIPATED DEMAND FOR
FREEWAYS AND NEED TO SATISFY TIlE SA~fE.
Upon a motion by Councilmember McDermott, the
recommendations of Urban Development Committee Report
No. 5-88 were implemented and Resolution 135-88 was adopted
by the following vote:
Ayes: Councilmembers Smith, Childs, DeMond, Ratty,
Peterson, McDermontt, Salvaggio
Noes: None
Abstain: None
Absent: None
Bakersfield, California,
July 6, 1988 Page 8
Councilmember Smith, Chairperson of the Inter-
governmental Relations Committee read Report No. 7-88
regarding Funding County Landfill Operations as follows:
The Intergovernmental Relations Committee has
met several times to discuss the issue of
funding for landfills for Solid Waste. The
County has notified cities that it is no
longer able to pay for landfill operations
from the County's general fund. They propose
to finance landfill operations by either land
use fees or gate (tipping) fees. They held a
series of public meetings throughout the
County to determine which method was the most
desirable. It was determined that a large
majority of those attending preferred land
use fees over gate fees, primarily because of
economy, equity and prevention of illegal
dumping. In March, the City Council passed a
resolution opposing the implementation of
gate fees.
The County has prepared an ordinance which
provides for the implementation of the
establishment, setting, and collection of
land use fees, and scheduled a public hearing
for July 18, 1988 at 2:00 p.m. If the County
adopts the ordinance after the hearing, land
use fees would go into effect with the
1988-.89 fiscal year and would be $27.50 per
single family residence and amounts for other
improved parcels based on the anticipated
amount of waste generated to be taken to the
landfills.
The County is asking the City to approve a
resolution concurring in an amendment to the
County's Solid Waste Management Plan, which
would provide for the collection of land use
fees from residents by the County Tax Collec-
tor rather than gate fees. The alternatives
would be gate fees or the City purchasing and
operating its own landfill facility.
Given the alternatives, and with the under-
standing we would be concurring only with a
method of collecting fees, it is the recom-
mendation of this Committee that the Council
approve the resolution concurring in Amend-
ment No. 7 to the Kern County Solid Waste
Management Plan.
Upon a motion by Councilmember Smith, Urban
Development Committee Report NO. 7-88 was accepted.
Councilmember Smith made a motion to approve the
Resolution to the Kern County Solid Waste Management Plan.
Upon a substitute motion by Councilmember McDer-
mott, the tabling of the Resolution, which would keep the
Council in the same position they had in March, of opposing
the gate fees, was approved by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Childs, DeMond,
Salvaggio
Councilmembers Smith, Ratty
None
None
Peterson,
McDermott,
Bakersfield, California, July 6, 1988 - Page 9
Councilmember Childs, Chairperson of the Personnel
Committee read Report No. 11-88 regarding Title Changes for
Recreation Part-Time Positions as follows:
At its meeting on June 24, 1988, the Person-
nel Committee reviewed and approved the
proposed title changes for the part-time
positions in the Recreation Department. The
changes were proposed to maintain conformance
with other agencies. The positions had
previously been approved as part of the
budgetary process.
The Personnel Committee recommends
of this report and approval of the
outlined on the attached.
acceptance
changes as
Upon a motion by Councilmember Childs, Personnel
Committee Report No. 11-88 was accepted.
Upon a motion by Councilmember Childs, the recom-
mendations of Personnel Committee Report No. 11-88 were
implemented.
Councilmember Childs, Chairperson of the Personnel
Committee read Report No. 12-88 regarding Charter Amendments
as follows:
The Personnel Committee has completed its
work on the recommendations of the Charter
Review Committee. The Charter amendment that
is hereby offered for Council approval
incorporates most of the recommendations of
the Ralph Andersen Civil Service Study, the
Charter Review Committee, and operational
changes suggested by staff.
Subsequent to the June 8, 1988 Interim
Report, the Personnel Committee has completed
the Charter Amendment and met, again, with
the Charter Review Committee to discuss
placement on the November ballot. We recom-
mend that all revisions be placed on the
November ballot, but divided into seven
measures. The attached summaries depict the
grouping of the revisions which should be
placed on the ballot as follows:
Measure A
Measure B
Measure C
Measure D
Measure E
Measure F
Measure G
- Cleanup
- Contracts and Bidding
- Elections
- Mayor
- Council
- Attorney
- Civil Service
It should be noted that the Personnel Commit-
tee has not made a final decision on the
Mayor's salary. Although we agreed with the
Charter Review Committee that the Mayor's
salary should be raised, no consensus was
reached as to the final amount. We recommend
that the Council select a salary within the
range of $12-24,000.
It is hoped that the Council will be ready to
take action on the Charter Amendment and
placement at the July 27, 1988 meeting even
though an August 3 action would be feasible.
Bakersfield, California, July 6, 1988 - Page 10
We are aware of the difficulty in reviewing
the volume of material, so we have tried to
facilitate the review process by providing
these summaries.
The Personnel Committee requests Council's
acceptance of this report.
Upon a motion by Councilmember Childs, Personnel
Con~ittee Report No. 12-88 was accepted.
Councilmember Ratty, Chairperson of the Budget and
Finance Committee read Report No. 31-88 regarding Health
Insurance Progress Report and Retiree Health Insurance Cost
as follows:
The Budget and Finance Committee met on June
15, 1988, for the dual purpose of receiving a
progress report from the City's health
insurance consultant and to discuss the
continuation of subsidy for retiree premium
increases.
Mr. David McCleerey, Armtec Inc., provided a
report that analyzed the City's current Blue
Cross indemnity plan and recommended features
of a new plan that would be bid through a
request for proposals. Although the shorter
of two time schedules listed in the contract
has been met, the consultant feels that a
smooth transition among health insurance
carriers will take until the end of 1988.
The Committee is interested in a transition
that is the least disruptive to employees and
involves them in the process.
At the April 13, ]988 meeting, the Council
approved City payment of increased premiums
for retirees through July 1988. It was
discussed at that time that Council should be
approached to extend the subsidy if the new
health insurance was not in place. The
Budget and Finance Committee is requesting
that the City continue to pay the premium
increase for retirees until the end of 1988
or until a new plan is in place, whichever
comes first. The $25,000 cost is proposed to
be paid out of the Medical Reserve Trust
Account.
The Budget and Finance Conu~ittee requests
acceptance of this report, approval of its
recommendations and appropriation of $25,000
in the Personnel Division Budget.
Upon a motion by Councilmember Ratty, Budget and
Finance Committee Report No. 31-88 was accepted.
Upon a motion by Councilmember Ratty, the recom-
mendations of Budget and Finance Committee Report No. 31-88
were implemented, and appropriation of $25,000 was made by
the following vote.
Ayes: Councilmembers Smith, Childs, DeMond, Ratty,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Bakersfield, California, July 6, 1988 - Page 11
Councilmember Ratty, Chairperson of the Budget and
Finance Committee read Report No. 32-88 regarding Rental
Rehabilitation Program Application for FY 1988-/89 as
follows:
The City of Bakersfield's entitlement from
the U.S. Department of Housing and Urban
Development for the implementation of the
Rental Rehabilitation Program (RRP) for FY
1988/89 is $115,000. The RRP provides funds
for the improvement of investor owned multi-
family housing units. Deferred Payment loans
are made to make health and safety improve-
ments to rental units that are occupied by
low and moderate income families. Since FY
1985/86, the City has received $451,920 for
this program.
Therefore it is recommended that the report
be accepted, that the funds be appropriated,
and that staff be authorized to accept the
Rental Rehabilitation Funds and implement the
program.
Upon a motion by Councilmember Ratty, Budget and
Finance Committee Report No. 32-88 was accepted.
Upon a motion by Councilmember Ratty, the recom-
mendations of Budget and Finance Committee Report No. 32-88
were implemented, and appropriation of funds was made by the
following vote.
Ayes: Councilmembers Smith, Childs, DeMond, Ratty,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Mayor Payne recessed the meeting at 8:25 p.m., the
meeting reconvened at 8:35 p.m.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
Approval of Warrant Nos. 9233 to 9345
inclusive, and Warrant Nos. 9347 to 9781
(9346 void) inclusive in the amount of
$3,707,343.64.
Communication from William Jing, 2730
3rd Street, dated June 24, 1988, submit-
ting his resignation as Commissioner of
the Miscellaneous Departments Civil
Service Board, effective June 24, 1988.
(RECEIVE AND PLACE ON FILE) Council-
member Childs requested a certificate be
provided to Mr. Jing.
Ce
Communication from Alice B. Randall, 929
Bermuda Street, dated June 20, 1988,
submitting her resignation as Commis-
sioner of the Historic Preservation
Commission. (RECEIVE AND PLACE ON FILE)
Bakersfield, California, July 6, 1988 - Page 12
Communication from Kay Madden, Presi-
dent, Board of Directors, Bakersfield
Senior Center, 530 Fourth Street, dated
June 21, 1988, regarding Senior Citizens
and the 2010 General Plan. (RECEIVE AND
REFER TO DEVELOPMENT SERVICES) Council-
member Childs requested to be kept
informed of status.
Claim for Damages and Personal Injuries
from the following:
1. Dean Bland, 10112 Laurie Avenue;
2. Bonnie Davis, 4301 Columbus Avenue;
3. Karen Louise Sligar, 1009 Oregon St.
(REFER TO CITY ATTORNEY)
Dedication of Properties:
Grant Deed from California Water
Service Company for slope easement
located north of Bernard Street and
east of Mt. Vernon Avenue.
o
Grant Deed from California Water
Service Company for an unused well
site within Siemon Park.
Street Right-of-Way Deed from
Atlantic Richfield Company for
additional street right-of-way
located at the northeast corner of
Beale Avenue and Monterey Street.
Irrevocable Offer of Dedication
from Southwest Contractors, Inc.
for a portion of Coffee Road
between Downing Avenue and Meany
Avenue.
Notices of Completion and Acceptance of
Work for the following projects:
Construction of Challenger Park
Landscape System, Contract No.
88-84, with Ferrel's Landscaping,
was completed on July 6, 1988.
Resurfacing of Pacheco Road from
South "H" Street to Eve Street, FAU
Project No. M-F243(2), Contract No.
88-113, with Granite Construction
Company, was completed on June 16,
1988.
Resurfacing portions of Ford
Avenue, Easton Drive, and Chester
Avenue, Contract No. 88-87 with
Griffith Company, was completed on
June 9, 1988.
4 o
Construction on Harris Road,
between Stine Road and Julie
Street, on Marina Drive between
Harris Road and Margola Avenue, on
Ivan Street between Sandra Drive
and Balboa Drive and on Dore Street
between Burwood Avenue and Planz
Road, Contract No. 88-69, with
Tescon, Inc., was completed on June
21, 1988.
Bakersfield, California, July 6, 1988 - Page 13
Installation of traffic signal
system on Ashe Road at North Half
Moon, Contract No. 88-88, with John
Black Electric, was completed on
June 17, 1988.
Drilling, Casing and Pump Testing
2800 Acre Interface Water Well No.
2, and for Drilling, Casing &
Developing two triple tube piezo-
meter observation wells, Contract
No. 88-70, with Arthur & Orum Well
Drilling, was completed on June 22,
1988.
First Amendment to the Landfill Gas
Lease (Bakersfield Landfill) with
Pacific Energy, a California Corporation
(PEN). (RECEIVE AND REFER TO URBAN
DEVELOPMENT COMMITTEE)
Agreement No. 88-167 with Minner &
Davis, for engineering services for the
repairs of the Panorama Drive Overcros-
sing at Manor Drive.
Renewal Agreement No. 88-168 with J. T.
Decker Professional Group for services
of an Employee Assistance Program.
(Added in the following sentence in
Section 10 of the agreement: Any party
may terminate this agreement on 90-days'
written notice to the other party.)
Award Contract No. 88-169 for Challenger
Park Security Lighting System to McKee
Electric in the amount of $12,933.00,
reject other bids and authorize the
Mayor to execute the Contract.
Upon a motion by Councilmember DeMond, Items a,
c, d, e, f, g, h, i, j and k, including the amendment to
Agreement Item j of the Consent Calendar were approved by
the following vote.
Ayes: Councilmembers Smith, Childs, DeMond, Ratty,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
DEFERRED BUSINESS
ADOPTION OF ORDINANCE NO. 3169 OF THE COUNCIL
OF THE CITY OF BAKERSFIELD AMENDING SECTION
17.08.175 B. OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO CLEAR SIGHT VIEWS.
This Ordinance was given first reading at the
meeting of June 22, 1988.
Upon a motion by Councilmember Ratty, Ordinance
No. 3169 of the Council of the City of Bakersfield was
adopted by the following vote.
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty,
Peterson, McDermott, Salvaggio
None
None
None
Bakersfield, California, July 6, 1988 - Page 14
ADOPTION OF ORDINANCE NO. 3170 OF THE COUNCIL
OF THE CITY OF BAKERSFIELD FOR FEES ASSOCIATED
WITH COST RECOVERY OF EXPENSES INCURRED FROM
THE USE OF CITY PERSONNEL AND EQUIPMENT ON
HAZARDOUS MATERIAL EMERGENCIES.
A hearing was held on this matter and first
reading was given to the Ordinance on June 22, 1988.
Upon a motion by Councilmember Peterson, Ordinance
No. 3170 of the Council of the City of Bakersfield was
adopted by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty,
Peterson, McDermott, Salvaggio
None
None
None
ZONING RESOLUTION NO. 359 OF THE COUNCIL OF
THE CITY OF BAKERSFIELD DENYING THE APPEAL BY
STEVE NICHOLS FROM THE DECISION OF THE
PLANNING COMMISSION APPROVING THE APPLICATION
OF JAMKS E. WARD TO AMEND TITLE 17 OF THE
BAKERSFIELD MUNICIPAL CODE TO CHANGE 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.
Council
June 22,
This resolution sets forth the decision of the
following the Appeal Hearing on this matter held on
1988.
Upon a motion by Councilmember Ratty, Zoning
Resolution No. 359 of the Council of the City of Bakersfield
was adopted by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Childs, DeMond, Ratty, Peterson
McDermott, Salvaggio
Councilmember Smith
None
None
ZONING RESOLUTION NO. 360 OF THE COUNCIL OF
THE CITY OF BAKERSFIELD DENYING THE APPEAL BY
DOMINICO J. SCATENA FROM THE DECISION OF THE
BOARD OF ZONING ADJUSTMENT APPROVING, WITH
CONDITIONS, THE APPLICATION OF THE CITY OF
BAKERSFIELD - COMMUNITY DEVELOPMENT DIVISION
FOR A CONDITIONAL USE PERMIT (CUP) IN AN M-2
(GENERAL MANUFACTURING) ZONE TO ALLOW A
PERMANENT FACILITY FOR THE HOMELESS POPULA-
TION OF THE COMMUNITY, INCLUDING A NIGHT
SHELTER AND A DAY CENTER WITH KITCHEN, DINING
AREAS, RESTROOMS, SHOWERS, LOCKER ROOMS AND
OPEN SPACE ON THAT CERTAIN PROPERTY COMMONLY
KNOWN AS 1600 EAST TRUXTUN AVENUE.
This resolution sets forth the decision of the
Council following the Appeal Hearing on this matter held on
June 22, 1988.
Upon a motion by Councilmember DeMond, Zoning
Resolution No. 360 of the Council of the City of Bakersfield
was adopted by the following vote:
Bakersfield, California, July 6, 1988 - Page 15
Ayes: Councilmembers Smith, DeMond, Ratty, Peterson
McDermott, Salvaggio
Councilmember Childs
None
None
Noes:
Abstain:
Absent:
Councilmember Childs clarified his vote, stating
that he is in support of the facility but he objects at this
time since Mr. Scatena had requested this hearing be held at
a later date.
AUTHORIZATION TO SELL AS SURPLUS, THE CITY-
OWNED PROPERTY KNOWN AS THE MIXING YARD ON
TRUXTUN AVENUE, WEST OF EMPIRE DRIVE.
This item was deferred from the meeting of June
22, 1988.
Councilmember Ratty made a motion to declare the
City-owned property known as the mixing yard on Truxtun
Avenue as surplus and authorize the Finance Director to
negotiate the sale.
Councilmember Ratty suggested that the money from
the sale of this property be put into the fund to keep
Truxtun Avenue a thoroughfare and eliminate further signals.
Public Works Director Hawley advised that the
funds from the sale of the property were to be used as
revenues to purchase another mixing yard and purchase a new
Police pistol range.
Upon a motion by Councilmember Salvaggio, the call
for the question was approved.
Councilmember Ratty's motion to declare the mixing
yard as surplus and authorize the Finance Director to
negotiate the sale was approved by the following vote:
Ayes: Councilmembers Smith, Childs, DeMond, Ratty,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
NEW BUSINESS
FIRST READING OF AN ORDINANCE OF THE COUNCIL
OF THE CITY OF BAKERSFIELD AMENDING SECTION
17.06.020 OF TITLE SEVENTEEN OF THE BAKERS-
FIELD 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, COMMONLY KNOWN AS 6200
AUBURN STREET FROM A P.U.D. (PLANNED UNIT
DEVELOPMENT) ZONE TO A REVISED P.U.D.
This ordinance establishes the revised P.U.D.
zoning on property at 6200 Auburn Street consistent with the
decision of the Council following the Hearing on an appeal
by Steve Nichols held on June 22, 1988.
ADOPTION OF RESOLUTION NO. 136-88 OF THE
COUNCIL OF THE CITY OF BAKERSFIELD SPECIFYING
THAT, UNLESS EXCLUDED BY THE CITY COUNCIL,
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, AND SETTING
HEARING FOR OBJECTIONS THERETO.
Bakersfield, California, July 6, 1988 - Page 16
This resolution sets the date of hearing for
August 17, 1988.
Upon a motion by Councilmember Ratty, Resolution
No. 136-88 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
ADOPTION OF RESOLUTION NO. 137-88 OF THE
COUNCIL OF THE CITY OF BAKERSFIELD SPECIFYING
THAT, UNLESS EXCLUDED BY THE CITY COUNCIL,
ALL PORTIONS OF THE PROPOSED CALLOWAY NO. 2
ANNEXATION SHALL, UPON ANNEXATION TO THE CITY
OF BAKERSFIELD, BE INCLUDED WITHIN THE
GREATER BAKERSFIELD SEPARATION OF GRADE
DISTRICT WHEN CONTIGUOUS THERETO, AND SETTING
HEARING FOR OBJECTIONS THERETO.
This resolution sets the date of hearing for
August 17, 1988.
Upon a motion by Councilmember Ratty, Resolution
No. 137-88 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
ADOPTION OF RESOLUTION NO. 138-88 OF THE
COUNCIL OF THE CITY OF BAKERSFIELD SPECIFYING
THAT, UNLESS EXCLUDED BY THE CITY COUNCIL,
ALL PORTIONS OF THE PROPOSED RENFRO NO. 1
ANNEXATION SHALL, UPON ANNEXATION TO THE CiTY
OF BAKERSFIELD, BE INCLUDED WITHIN THE
GREATER BAKERSFIELD SEPARATION OF GRADE
DISTRICT WHEN CONTIGUOUS THERETO, AND SETTING
HEARING FOR OBJECTIONS THERETO.
This resolution sets the date of hearing for
August 17, 1988.
Upon a motion by Councilmember Ratty, Resolution
No. 138-88 of the Council of the City of Bakersfield was
adopted by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty,
Peterson, McDermott, Salvaggio
None
None
None
ADOPTION OF RESOLUTION NO. 139-88 OF THE
COUNCIL OF THE CITY OF BAKERSFIELD SPECIFYING
THAT, UNLESS EXCLUDED BY THE CITY COUNCIL,
ALL PORTIONS OF THE PROPOSED BEPJ<SHIRE NO. 3
ANNEXATION SHALL, UPON ANNEXATION TO THE CITY
OF BAKERSFIELD, BE INCLUDED WITHIN THE
GREATER BAKERSFIELD SEPARATION OF GRADE
DISTRICT AND SETTING HEARING FOR OBJECTIONS
THERETO.
Bakersfield, California, July 6, 1988 - Page 17
This resolution sets the date of hearing for
August 17, 1988.
Upon a motion by Councilmember Salvaggio, Resolu-
tion No. 139-88 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
ADOPTION OF RESOLUTION NO. 140-88 OF THE
COUNCIL OF THE CITY OF BAKERSFIELD SPECIFYING
THAT, UNLESS EXCLUDED BY THE CITY COUNCIL,
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 AND SETTING HEARING FOR OBJECTIONS
THERETO.
This resolution sets the date of hearing for
August 17, 1988.
Upon a motion by Councilmember Ratty, Resolution
No. 140-88 of the Council of the City of Bakersfield was
adopted by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty,
Peterson, McDermott, Salvaggio
None
None
None
ADOPTION OF RESOLUTION NO. 141-88 OF THE
COUNCIL OF THE CITY OF BAKERSFIELD SPECIFYING
THAT, UNLESS EXCLUDED BY THE CITY COUNCIL,
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 AND SETTING HEARING FOR OBJECTIONS
THERETO.
This resolution sets the date of hearing for
August 17, 1988.
Upon a motion by Councilmember Childs, Resolution
No. 141-88 of the Council of the City of Bakersfield was
adopted by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty,
Peterson, McDermott, Salvaggio
None
None
None
ADOPTION OF RESOLUTION OF APPLICATION NO.
142-88 OF THE COUNCIL OF THE CITY OF BAKERS-
FIELD PROPOSING PROCEEDINGS FOR ANNEXATION OF
TERRITORY TO THE CITY OF BAKERSFIELD IDENTI-
FIED AS ANNEXATION NO. 326 (CASA LOMA NO. 2
ANNEXATION) GENERALLY LOCATED BETWEEN EAST
BRUNDAGE LANE AND STATE HIGHWAY 58 AND SOUTH
WASHINGTON STREET AND COTTONWOOD ROAD.
Bakersfield, California, July 6, 1988 - Page 18
Upon a motion by Councilmember Childs, Resolution
No. 142-88 of the Council of the City of Bakersfield was
adopted, and the Negative Declaration approved, by the
following vote:
Ayes: Councilmembers Smith, Childs, DeMond, Ratty,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
ADOPTION OF RESOLUTION NO. 143-88 OF THE
COUNCIL OF THE CITY OF BAKERSFIELD AMENDING
RESOLUTION NO. 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 ASSESS-
MENTS BY THE KERN COUNTY TAX COLLECTOR.
Upon a motion by Councilmember Peterson, Resolu-
tion No. 143-88 of the Council of the City of Bakersfield
was adopted by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty,
Peterson, McDermott, Salvaggio
None
None
None
ADOPTION OF RESOLUTION NO. 144-88 OF THE
COUNCIL OF THE CITY OF BAKERSFIELD ACCEPTING
BILL OF SALE REGARDING IMPROVEMENTS MADE FOR
CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO.
87-3 (JEWETTA/PALM AVENUE), AND AUTHORIZING
PAYMENT THEREFOR (RESOLUTION OF INTENTION NO.
1036).
Upon a motion by Councilmember Childs, Resolution
No. 144-88 of the Council of the City of Bakersfield was
adopted by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty,
Peterson, McDermott, Salvaggio
None
None
None
ADOPTION OF RESOLUTION OF INTENTION NO. 1048
OF THE COUNCIL OF THE CITY OF BAKERSFIELD
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 resolution sets the date of hearing for July
27, 1988.
Upon a motion by Councilmember McDermott, Resolu-
tion of Intention No. 1048 of the Council of the City of
Bakersfield was adopted by the following vote:
Ayes:
Councilmembers
Noes: None
Abstain: None
Absent: None
Smith, Childs, DeMond, Ratty,
Peterson, McDermott, Salvaggio
~akersfield, California, July 6, 1988 - Page 19
ADOPTION OF RESOLUTION NO. 145-88 OF THE
COUNCIL OF THE CITY OF BAKERSFIELD TO SUBMIT
APPLICATION TO AMEND STATE OF CALIFORNIA
DEPARTMENT OF HEALTH SERVICES PERMIT TO
OPERATE TWO NEW WATER WELLS.
Upon a motion by Councilmember Childs, Resolution
No. 145-88 of the Council of the City of Bakersfield was
adopted by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty,
Peterson, McDermott, Salvaggio
None
None
None
APPROVAL OF RECEIPT OF CERTIFICATE OF ELEC-
TION FROM KERN COUNTY CLERK OR RESULTS OF THE
NOMINATING MUNICIPAL ELECTION FOR THE OFFICE
OF MAYOR IN THE CITY OF BAKERSFIELD, CALIFOR-
NIA AND SPECIAL MUNICIPAL ELECTION FOR A
CHARTER AMENDMENT, MEASURE "D," HELD ON THE
7TH DAY OF JUNE 1988.
The results of the election were as follows:
Total number of Registered Voters 74,530
Total number of Votes Cast 34,521
Total number of Votes Cast for each Candidate:
Ranelle Wallace
Mark Dickerson
Clarence E. Medders
Thomas A. Payne
6,383
2,336
12,086
11,940
YES NO TOTAL
Measure "D" 9,326 21,719 31,045
Upon a motion by Councilmember DeMond, the Certi-
ficate of Election was received, placed on file and spread
in full in the minutes.
ADOPTION OF RESOLUTION NO. 146-88 OF THE
COUNCIL OF THE CITY OF BAKERSFIELD DECLARING
THE RESULTS OF THE CANVASS OF RETURNS OF
NOMINATING MUNICIPAL ELECTION FOR THE OFFICE
OF MAYOR AND SPECIAL MUNICIPAL ELECTION FOR A
CHARTER AMENDMENT, MEASURE "D," AT THE STATE
DIRECT PRIMARY ELECTION HELD ON THE 7TH DAY
OF JUNE 1988.
Upon a motion by Councilmember Peterson, Resolu-
tion No. 146-88 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
APPROVAL OF AGREEMENT NO. 88-170, MEMORANDUM
OF UNDERSTANDING WITH THE COUNTY OF KERN FOR
THE METROPOLITAN BAKERSFIELD HABITAT CONSER-
VATION PLAN.
Councilmember McDermott stated he felt it is
important to include a local agency, CALM, in the Habitat
Conservation Plan, was referred to staff.
Bakersfield, California, July 6, 1988 - Page 20
Upon a motion by Councilmember Childs, Agreement
No. 88-170 was approved, and the Mayor authorized to execute
the Agreement.
APPROVAL OF AGREEMENT NO. 88-171, AMENDMENT
NO. 6 TO CITY CONTRACT NO. 87-48 BY AND
BETWEEN THE SEEZ CORPORATION, COUNTY OF KERN
AND CITY OF BAKERSFIELD. (AMENDMENT NO. 6 TO
COUNTY CONTRACT NO. 100-87.)
Upon a motion by Councilmember Childs, Agreement
No. 88-171 was approved, and the Mayor authorized to execute
the Amendment.
APPROVAL OF FEDERAL AVIATION ADMINISTRATION
GRANT APPLICATION FOR THE EXPANSION OF
BAKERSFIELD MUNICIPAL AIRPORT (AIP05).
Upon a motion by Councilmember Salvaggio, the
Grant Application was approved and staff was directed to
submit the application to the FAA.
ONE VACANCY ON THE PLANNING COMMISSION DUE TO
THE RESIGNATION OF SUSAN WEAVER, TERM EXPI-
RING APRIL 17, 1990.
This item was deferred from the meeting of June
22, 1988.
Nominations were made as follows:
Councilmember McDermott - Herman Ruddell
Councilmember Salvaggio - Jim Marino
Councilmember Ratty - Kate Rosenlieb
Cc~ncilmember Smith - Lee Lentz
Councilmember Childs - Rev. Ishmael Kimbrough
Councilmember Smith - Mary Sawyer
Each Councilmember spoke on behalf of their
nominees and the response to the vacancy. Councilmember
Childs stated he did not nominate Rev. Kimbrough, but
submitted his name along with the others.
Upon a motion by Councilmember DeMond, the nomina-
tions were voted on in the order in which they were listed
on the agenda, and the first individual who received four
positive votes became the appointee, as follows:
HERMAN RUDDELL
Ayes: Councilmember McDermott
Noes: Councilmembers Smith, Childs, DeMond,
Peterson, Salvaggio
Abstain: None
Absent: None
Ratty,
JIM MARINO
Ayes: Councilmembers Smith, Peterson, McDermott
Noes: Councilmembers Demond, Ratty, Salvaggio
Abstain: Councilmember Childs
Absent: None
KATE ROSENLIEB
Ayes: Comncilmembers
Noes: None
Abstain: None
Absent: None
Smith, Childs, DeMond, Ratty,
Peterson, McDermott, Salvaggio
Kate Rosenlieb was appointed to the Planning
Commission, term expiring April 17, 1990.
Bakersfield, California, July 6, 1988 Page 21
Councilmember McDermott made a motion to adopt the
Amended Transportation Expenditure Plan as distributed to
the Council and have the Clerk draw up a final copy to give
to COG.
Councilmember McDermott spoke regarding the
concept and importance of the half cent sales tax. Amended
changes included: Item P on Page 3, "the inclusion and the
actual listing of the metropolitan loop freeway system as an
identified project" and; Item 6 on Page 4, "the wording
regarding unanticipated funds being used to construct
improvements and acquire right-of-ways for future state and
regional highway alignments."
Mr. Brummet, the Assistant Director of Kern COG,
stated references to November 1988 ballot should be stricken
from the Sales Tax Expenditure Plan.
Councilmember Salvaggio expressed his concerns
regarding the Amended Transportation Expenditure Plan
relative to him being the Council's representative on Kern
COG.
Upon motion by Councilmember Ratty, Bart Maes was
recognized and spoke.
Councilmember Childs made a motion to call for the
question. The motion was approved.
Councilmember McDermott clarified his motion to
include reference to the November 1988 ballot on the Sales
Tax Expenditure Plan.
ADOPTION OF RESOLUTION NO. 147-88 OF THE
COUNCIL OF THE CITY OF BAKERSFIELD APPROVING
COUNTY TRANSPORTATION EXPENDITURE PLAN.
Upon motion by Councilmember McDermott, Resolution
No. 147-88 of the Council of the City of Bakersfield, was
adopted by the following vote:
Ayes: Councilmembers Smith, Childs, DeMond, Ratty,
Peterson, McDermott
Councilmember Salvaggio
None
None
Noes:
Abstain:
Absent:
Councilmember Salvaggio clarified his vote,
stating that the Kern COG staff indicated they would
more time to make a decision.
like
Upon a motion by Councilmember DeMond, Resolution
No. 148-88 of the Council of the City of Bakersfield was
considered as an item that arose after the agenda was
prepared.
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty,
Peterson, McDermott, Salvaggio
None
None
None
ADOPTION OF RESOLUTION NO. 148-88 OF THE
COUNCIL OF TIlE CITY OF BAKERSFIELD AMENDING
RESOLUTION NO. 10-88 SETTING SALARIES AND
RELATED BENEFITS FOR OFFICERS AND EMPLOYEES
OF THE CITY OF BAKERSFIELD.
Bakersfield,
California,
July 6, 1988 - Page 22
Upon a motion by Councilmember DeMond, Resolution
No. 148-88 of the Council of the City of Bakersfield was
adopted effective July 4, 1988 by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty,
Peterson, McDermott, Salvaggio
None
None
None
COUNCIL STATEMENTS
Request for Council approval to involve
the entire Council to review the 1989-90
proposed budget. (Salvaggio)
Councilmember Salvaggio requested the Council
approve a new budget preparation process whereby the Council
would meet as a committee starting in 1989-90.
Councilmember DeMond requested this proposal be
deferred until the August 3rd meeting.
Councilmember Salvaggio made a motion to approve a
new budget preparation process whereby the Council would
meet as a committee starting in 1989-90.
Upon a substitute motion by Councilmember Ratty,
the proposal for a new budget preparation process was
deferred for thirty days by the following vote:
Ayes:
Councilmembers
Noes: Councilmembers
Abstain: None
Absent: None
Smith, Childs, DeMond,
McDermott
Peterson, Salvaggio
Ratty,
Upon a motion by Councilmember Salvaggio, the Work
Plan on the Airpark was referred to the Water Resources
Committee.
Mayor Payne read a letter from the City of Visalia
requesting the City of Bakersfield support and endorse the
San Joaquin Valley-wide air pollution study. It was refer-
red to staff.
Mayor Payne stated it was Ken Pulskamp's last
meeting and he thanked him for his service, as did Council-
members .Ratty, Childs, DeMond, McDermott, Salvaggio and
Smith.
Mayor Payne stated Rick Fletcher requested the
television lights be repositioned as they are focused
towards the walls, as well as the on-off panel switch.
Referred to staff.
Councilmember Childs requested the Litigation
Committee be put on the agenda for the next meeting, as well
as the July 1st letter regarding contamination on shelter
sites. Referred to staff.
Upon a motion by Councilmember Peterson, the
proposal to change the Council meeting from August 3rd
August 10th was considered as an item that arose after
agenda was prepared, by the following roll call vote:
to
the
Bakersfield, California, July 6, 1988 - Page 23
10 J
Ayes: Councilmembers Smith, Childs, DeMond, Ratty,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Upon a motion by Councilmember Peterson, the
Council meeting of August 3rd was changed to August 10th by
the following vote:
Ayes: Councilmembers Smith, Childs, DeMond, Ratty,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
CLOSED SESSION
Closed Session pursuant to Government
Code Section 54956.9(a) regarding Lewis
& Falletti vs. City of Bakersfield, et
al.
Closed Session pursuant to Government
Code Section 54956.9(a) regarding Kern
Tulare Water District Vs. City of
Bakersfield and Rag Gulch Water District
vs. City of Bakersfield, et al.
It was requested to deal with Item B first and
then Item A in Closed Session due to possible conflict of
interest by Councilmember DeMond.
Upon a motion by Councilmember DeMond, Council
adjourned to the City Manager's Conference Room at 10:38
p.m. for Closed Session.
ADJOURNMENT
There being no further business to come before
Council, upon a motion by Councilmember Peterson, the
meeting was adjourned at 11:18 p.m.
the
MAYOR of the City of Bak~ersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
of the City of Bakersfield, California
Council