Loading...
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