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HomeMy WebLinkAbout03/30/1988 MINUTES CCBakersfield, California, March 30, 1988 Minutes of the Special Meeting of the Council of the City of Bakersfield, California, for the purpose of a Closed Session held in the City Manager's Conference Room at 5:15 p.m., March 30, 1988. The meeting was called to order by Mayor Payne. City Clerk Williams called the roll as follows: Present: Mayor Payne. Absent: None Councilmembers DeMond, Smith, Ratty, Peterson, McDermott, Salvaggio, Childs (seated at 5:30 p.m.) CLOSED SESSION Closed Session pursuant to Government Code Section 54956.8 to instruct City's negotiator regarding price and terms for City purchase of Bakersfield Gun Club property at 4621 White Lane and authorize negotiations with bankruptcy court, trustee and/or their representatives. Closed Session pursuant to Government Code Section 54957 regarding Labor Negotiations with City of Bakersfield's Chief Negotiator Bill Avery. Upon a motion by Councilmember Peterson, Council adjourned to the City Manager's Conference Room for Closed Session. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Demond, the meeting adjourned at 6:40 p.m. MAYOR of the City oF'Bakersfield, ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California was CA bz Bakersfield, California, March 30, 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., March 30, 1988. The meeting was called to order by Mayor Payne followed by the Pledge of Allegiance and Invocation by Mr. Richard Williams, member of the Board of Deacons, First Assembly of God Church. City Clerk Williams called the roll as follows: Present: Councilmembers Childs, DeMond, Smith, Ratty, Peterson, McDermott, Salvaggio Absent: None MINUTES Upon a motion by Councilmember Salvaggio minutes of the two Special Meetings (Workshop and Closed Session) of February 17, 1988, were approved. PUBLIC STATEMENTS Don Kurtz, 7405 Cibola Drive, spoke regarding noise behind his house caused by a developer. He feels a noise ordinance should be established. Upon a motion by Councilmember Childs, staff was directed to meet with Mr. Kurtz to discuss his concerns, see how they could be resolved, and report back to the full Council. HEARINGS This is the time for hearing protest as required by Resolution of Intention No. 1036 and Resolution No. 25-88 of the City of Bakersfield to construct certain improvements (Sanitary Sewer System) and acquire certain improvements (sanitary sewer, water, street improvements) in proposed Assessment District No. 87-3 (Jewetta - Garnsey - Akers - Wible - Mesa Grande - Monitor). This hearing has been duly advertised, posted, and the property owners notified as required by law. One written protest to the proposed Assessment District No. 87-3, has been received from Charles Music, 2304 San Marino, dated March 23, 1988. Mayor Payne announced that this is the time and place that has been fixed ~or the 1913 Act Assessment Hearing of Protest, Objections or Appeals in respect to the Assessment under and pursuant to Resolution of Intention No. 1036. The City Clerk will present the Affidavit regarding publication, posting and mailing filed with the City Clerk. The City Clerk presents petitions and certificates of sufficiency of the petitions. Bakersfield, California, March 30, 1988 Page 2 Upon a motion by Councilmember Childs, petitions and certificates were considered received and placed on file with the City Clerk's Office. Mr. Richard Rafanovic, BS[ Consultants Inc., 1415 E. 17th Street, Santa Anna, explained the proposed district. Mayor Payne declared the protest hearing open for public participation. The following spoke in opposition: Mark Sinclair, 3505 Truman Avenue. Kinsy Berman, 712 N. Stine Road. A1 Atencio, 200 Garnsey Avenue. Bill Vanherweg, 332 N. St[he Road. Dave Scruggs, 3825 Amberwood Lane. Eugene Dirkson, 617 N. Stine Road. Frank Carini, 4007 Rinker Way, submitted a petition ask- ing the City support the maintenance of streets in this area. The following spoke in support: Dick Foster spoke in support. Ms. Deardeuff, 200 Bermuda Street, property owner, Fritz Stradling, 660 New Port Beach, explained the pay- ment procedure for the district. Jerry Kleinsassar, 3812 Amberwood Lane. Sebastian Lamb, 3702 E1 Potrero Lane. Wennel Spencer, 2211 San Marino. Mr. Rafanovic stated that the written protests and protest that have been presented to Council are in the range of 1 percent of the area of the property within the proposed district. Upon a motion by Councilmember Salvaggio the public portion of the hearing was closed for Council deliberation and action. ~doption of Resolution No. 47-88 of the City Council of the City o~ Bakersfield making determinations, confirming assessments and proceedings and ordering proposed improvements in the matter of Assessment District No. 87-3. Bakersfield, California, March 30, 1988 Page 3 Upon a motion by Councilmember Salvaggio Resolution No. 47-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs DeMond, Smith, McDermott, Salvaggio None None Ratty, Peterson Adoption of Resolution No. 48-88 of the City Council of the City of Bakersfield designating the Public Works Manager to send a notice regarding the collection of assessments and directing the City Treasurer to establish a special fund for Assessment District No. 87-3. Upon a motion by Councilmember Salvaggio Resolution No. 48-88 of the Council of the City of Bakersfield was adopted by the following vote. Ayes: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvaggio Noes: None Absent: None Peterson Adoption of Resolution No. 49-88 of the City Council of the City of Bakersfield determining to make a contribution to Assessment District No. 87-3. Upon a motion by Councilmember Salvaggio, Resolution No. 49-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, De~ond, Smith, Ratty, McDermott, Salvaggio Noes: None. Absent: None Peterson Councilmember DeMond askedstaff to review the language on the petitions and make it more informative so it can be better understood by the layperson. Councilmember Salvaggio clarified his vote stating he is very pleased to see the City working with the residents in these areas providing the sewer systems. This is the time set for a public hearing to consider an appeal by David Cassil to the decision of the Planning Commission on a proposed amendment to Title Seventeen of the Bakersfield Municipal Code to change the Land Use Zoning of those certain properties in the City of Bakersfield located on the northeast corner of Wible Road and Panama Lane from an R-2 (Limited Multiple Family Dwelling) zone and a C-1 (Limited Commercial) zone to a P.C.D. (Planned Commercial Development) zone. Bakersfield, California, March 30, 1988 Page 4 This hearing has been duly advertised, posted, and the property owners notified as required by law. Assistant City Manager Pulskamp provided a brief update. Mayor Payne declared the hearing open for public participation. project. The following spoke in support: David Cassil, 1830 Truxtun Avenue, architect for the Dick Foster, representing the owner. Dick Wilson, Mary Lytel, Owner. The following spoke in opposition: David York, 3105 Fortune. Annette Karney, 6208 Derek Street. Carl Johnson, 6200 Luke Court. Odel Sherri11, 3001 Tomlinson 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 deliberation and action. Councilmember McDermott made a motion to uphold the appeal by adopting the recommendation of the Planning Commission with the following amendments: Eliminate Item 2; that "limits the restaurant to a single story construction"; hours of operation shall be 7:00 a.m. to 12:00 midnight, seven days a week; the Lounge operation hours shall be 4:00 p.m. to 12:00 midnight; and add 7. d., "No amplified music." Mary Lytel asked to delay the voting of the motion to discuss the parking issue with David Cassil, Architect. Councilmember McDermott made a motion to delay this item until after the next public hearing. Due to the temporary absence of Mayor Payne, Vice-Mayor Smith chaired the meeting at 8:30 p.m. Upon a motion by Councilmember DeMond, Vice Mayor Smith recessed the meeting at 9:00 p.m. The meeting reconvened at 9:10 p.m. Note: Council resumed discussion on this item without delay. Councilmember McDermott restated his motion, to uphold the appeal and adopt the recommendations of the Planning Commission with the following amendments: Bakersfield, California, March 30, 1988 Page 5 Eliminate Item 2 of Exhibit A - The proposed restaurant shall be limited to single story construction; Eliminate Item 3 of Exhibit A - Serving of alcoholic beverages shall be allowed only in connection with serving of meals, cocktail lounges, live music, or serving alcoholic beverages not in conjunction with the service of meals shall be prohibited; Restaurant hours of operation shall be 7:00 a.m. to 12:00 midnight; Lounge hours of operations shall be 4:00 p.m. to 12:00 midnight; Add 7. d. to Exhibit A - No amplified music; and Change the driveway structure: eliminate the back driveway on Fortune Street, allow access on Panama, but close access to the other driveway onto Panama, and The second part of the intent of his restrictions is for them to prove their good neighbor status. Councilmember Ratty made a substitute motion, same motion as Councilmember McDermott's, except to allow lunch and alcoholic beverages to be served in the Loft area during lunch. This motion was approved by the following vote: Ayes: Noes: Absent: Councilmembers Childsv DeMond, Ratty, Peterson Councilmembers Smith, McDermott, Salvaggio None Councilmember Peterson made a motion to move New Business, Item M, forward on the Agenda. NEW BUSINESS Proposal from Twining Laboratories, for the second phase of work regarding the fuel contamination at the Rio Bravo Fire Station, 12100 Alfred Harrell Highway. Fire Chief Needham stated that this proposal is to continue the testing and activities in relation to the contamination at the Rio Bravo Fire Station. The first phase of testing determined that there was contamination and it was signi- ficant. The testing that needs to take place now is under the fuel tanks to see if there are any other leaks that were not detected. Upon a motion by Councilmember DeMond, a proposal from Twining Laboratories, with funding from the Risk Management Fund, and staff authorized to proceed with the work as outlined in the proposal was approved by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, McDermott, $alvaggio None None Ratty, Peterson Bakersfield, California, March 30, 1988 - Page 6 Upon a motion by Councilmember McDermott, funds were appropriated for this project, by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio None None Ratty, Peterson, City Manager Hawley stated that a little over $13,000 were appropriated. HEARINGS This is the time set for a public hearing to consider proposed uses of Federal Revenue Sharing Funds for Fiscal Year 1987-88. This hearing has been duly advertised as required by law. City Manager Hawley provided an update. Vice Mayor Smith declared the hearing open for public participation. No protests or objections being received, and no one wishing to speak in favor, Vice Mayor Smith closed the public portion of the hearing for Council deliberation and action. Councilmember Peterson made a motion to appropriate $650,000 for Street Maintenance projects. Councilmember DeMond requested staff research the possi- bility of including the cost of paving streets in the costs of assessment districts in the future. Vice Mayor Smith restated Councilmember Peterson's motion, to appropriate $650,000 for Street Maintenance projects. This motion was approved by the following vote: Ayes: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson REPORTS Councilmember DeMond, Chairperson of the Legislative Committee, read Report No. 2-88 regarding Crime Victims Justice Reform Act of 1988, as follows: At the City Council meeting of March 9, 1988, the City Council referred to the Legislative Committee for review the proposed Crime Victims Justice Reform Act of 1988. The Committee has met twice to discuss the issue and spoke with legal representatives both in favor and in opposition to the initiative measure. Bakersfield, California, March 30, 1988 - Page 7 After review and discussion, the Committee feels that the initiative measure merits the endorsement of the Council. Therefore, the Committee recommends the Council accept this report and adopt the resolution. Upon a motion by Councilmember DeMond, Legislative Committee Report No. 2-88 was accepted. Adoption of Resolution No. 50-88 of the Council of the City of Bakersfield regarding Crime Victims' Justice Reform Act of 1988. Upon a motion by Councilmember DeMond, the recommenda- tions of Legislative Committee Report No. 2-88 were implemented and Resolution No. 50-88 of the Council of the City of Bakersfield was adopted by the following vote: Aye: Councilmember Childs, DeMond, Smith, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson Councilmember Peterson, Chairperson of the Auditorium and Community Services Committee, read Report No. 4-88 regarding Lease of Central Park Pool, as follows: At the December 2, 1987, City Council meeting, the issue of leasing Central Park Pool was referred to the Auditorium and Community Services Committee. On February 4 and March 9, 1988, the Committee met with staff and representatives of concerned organizations to discuss this issue. It was determined that for the past two or more years the Kern Aquatics Club has not been using the pool except to lease it for four months each year to the Kern County High School District. In addition, City Recreation staff has expressed a desire to incorporate the pool into their aquatics program should it become available. Based on the above information and with written consent of the Kern Aquatics Club, it is the recommendation of this Committee to terminate the Central Park Pool lease effective May 23, 1988. Notice of such termination shall be given. It is further recommended that the Central Park Pool be operated by the City Parks and Recreation Division which will make the pool available to community organizations by agreement. Upon a motion by Councilmember Peterson, Community Services Committee Report No. 4-88 was accepted. Upon a motion by Councilmember Peterson, the recommenda- tions of Community Services Committee Report No. 4-88 were implemented. Bakersfield, California, March 30, 1988 - Page 8 ~<~ CONSENT CALENDAR The following items were listed on the Consent Calendar: Approval of Warrant Nos. 6389 to 6905 inclusive, in the amount of $2,313,992.84 Communication from H. J. Curnow, $p. 56, 400 East Roberts Lane, dated February 7, 1988, regarding the site of the Homeless Shelter and revitalizing East Bakersfield. (RECEIVE AND PLACE ON FILE) Communication from Michal C. Clark, Executive Director, Kern Regional Center, 501 40th Street, dated March 7, 1988, requesting support for implementation of an ordinance requiring posting of alcohol warning signs. (RECEIVE AND REFER TO CITY ATTORNEY) do Communication from LaVerne N. Kemp, P.O. Box 1911, Suite 93, Tehachapi, CA, dated March 9, 1988, regarding Social Services Agency Ordinance. (RECEIVE AND REFER TO PLANNING COMMISSION) Communication from Fruitvale School District, 2114 Calloway Drive, dated March 11, 1988, providing a Resolution levying School Facilities Fees. (RECEIVE AND REFER TO BUILDING DEPARTMENT) Communication from Art Saalfield, City Attorney, dated March 14, 1988, regarding Legal Services provided to Taft, Shafter, and Maricopa. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) Communication from Linda Brammer, Department of Human Services, P.O. Box 511, dated March 15, 1988, issuing an invitation to make a contribution to the Department of Human Services' Time Capsule. (RECEIVE AND REFER TO MAYOR PAYNE) Communication from Tom Uribe, Design Engineer, Land Concepts, Inc., 5225 Business Center Drive, Suite 440, dated March 17, 1988, requesting Abandonment of a Public Utility Easement for Lot 11, Tract 4650, known as 9401 Meadow Leaf Court. (RECEIVE AND REFER TO PUBLIC WORKS DEPARTMENT) Communication from Jack Hardisty, Planning Director, dated March 23, 1988, regarding the sale of the Police Department Pistol Range. (RECEIVE AND PLACE ON FILE) Bakersfield, ~aliforn±a, March 30, 1988 - Page 9 j. Claim for Damages and Personal Injuries from the following: 1. Michelle Monique Orosco, 5801 Ming Avenue, #3; 2. Gerald Harold Mannings, 16411 Cusco Avenue; and 3. Jerry Lee Garland, 1718 Panama Lane, #204. (REFER TO CITY ATTORNEY) Dedication of Properties Street Right-of-Way Deed from San Joaquin Veterinary Land Company for a portion of Wible Road South of White Lane. Flowage Easements from Buena Vista Development located south of White and east of Buena Vista Road. Lane Flowage Easement from Mosesian Development across a portion of the County Welfare Building Site at the northeast corner of California Avenue and Union Avenue. Grant Deeds from Tenneco Realty Development Corporation and California Harvest Shops, Incorporated for Park Site. Notices of Completion and Acceptance of Work for the following projects: Construction of a sanitary sewer system for Assessment District No. 87-1 (South Jenkins to Buena Vista Road), Contract No. 87-251, was completed on March 11, 1988. Wastewater Treatment Plant No. 2 - Repair of Secondary Digester No. 2, Contract No. 87-178, was completed on March 16, 1988. Approval of plans and specifications for median construction on Truxtun Avenue at Westwind Drive. Approval of Agreement No. 88-74, Program Supplement No. 37 to Local Agency-State Master Agreement for Federal-Aid Projects No. 06-5109, between the State of California and the City of Bakersfield, for the resurfacing of Pacheco Road, from South "H" Street to Eve Street. Approval of Agreement: No. 88-75 with the State of California, Department of Water Resources for reimbursement of Observation Well construction costs incurred in the City's 2800 acre recharge area. Bakersfield, California, March 30, 1988 - Page 10 Approval of Agreement No. 88-76 with the Bakersfield Officials' Association to provide officials for softball seasons. Approval of Agreement No. 88-77 with Pacific Gas and Electric in the amount of $1,690 for work associated with widening Wible Road at the De-Rancho-Y Mobile Home Villa. Approval of Agreement No. 88-78 with Dewalt-Porter Engineering for Tentative Tract Map No. 5033 and 5034 for Water Availability Fees. Approval of Agreement No. 88-79 with Southern California Gas Company for installation, maintenance, operation and conveyance of underground gas facilities and a Contract No. 88-80 for extension of gas line for Assessment District 86-2, Tract 4873-A (Rancho Laborde). Approval of Agreement No. 88-81 with California Water Service Company for the installation, conveyance and operation of a water supply system for Assessment District No. 86-2, Tract 4873-A (Rancho Laborde). Approval of Agreement No. 88-82 with the County of Kern for installation and maintenance of a traffic signal at the intersection of Brundage Lane and Mount Vernon Avenue. Acceptance of Management and Internal Control Recommendations from Peat Marwick Main & Co. Wo Award Contract No. 88-83 to furnish and install deepwell turbine pump and motor for 2800 Acre Interface Project Water Well No. 2 in the amount of $24,419.00 and authorize the Mayor to execute the Contract. Award Contract No. 88-84 for Challenger Park Landscape Irrigation System to Ferrel's Landscaping in the amount of $21,900.00 reject all other bids and authorize the Mayor to execute the Contract. Upon a motion by Councilmember Ratty, Items a, b, c, d, e, f, g, h, i, j, k, 1, m, n, o, p, q, r, s, t, u, v, w, x, of the Consent Calendar, with the correction to Item h., were adopted by the following vote: Ayes: Noes Absent: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvaggio None None Peterson, Bakersfield, California, March 30, 1988 - Page 11 ACTION ON BIDS Upon a motion Councilmember McDermott, low bid from Griffith Company in the amount of $436,953.39 for Base plus Alternate A, was accepted, the other bid rejected, and the Mayor authorized to execute Contract No. 88-85. Upon a motion by Councilmember Peterson, the low bid from Granite Construction Company in the amount of $418,533.00, was accepted, the other bid rejected, and the Mayor authorized to execute Contract No. 88-86. Upon a motion by Councilmember Peterson, low bid from Griffith Company in the amount of $96,096.00 for Base plus Alternate A, was accepted, the other bid rejected, and the Mayor authorized to execute Contract No. 88-87. Upon a motion by Councilmember Ratty, the low bid of John Black Electric in the amount of $72,563.00, was accepted, all other bids rejected, and the Mayor authorized to execute Contract No. 88-88. Upon a motion by Councilmember Childs, low bid from Brown and Fowler Construction Co. in the amount of $60,848.00, was accepted, all other bids rejected, and the Mayor authorized to execute Contract No. 88-89. Upon a motion by Councilmember DeMond, low bids from State Contract in the amount of $385,691.76 (38 vehicles) and Jim Burke Ford in the amount of $11,539.92 (one vehicle), was accepted, and all other bids rejected. Upon a motion by Councilmember Peterson, all bids for Cellular Telephones for the Police Department were rejected, and the Finance Director authorized to readvertise for bids. DEFERRED BUSINESS Adoption of Ordinance No. 3153 of the Council of the City of Bakersfield amending Section 16.24.040 and 16.24.050 of the Bakersfield Municipal Code relating to Vesting Tentative Maps. This Ordinance was given first reading at the meeting of March 16, 1988. Upon a motion by Councilmember Salvaggio, Ordinance No. 3123 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, Ratty, ~cDermott, $alvaggio None None Peterson, One (1) expiration of term, on the Historic Preservation Commission, term expiring March 30, 1988. Upon a motion by Councilmember McDermott, this item was deferred to the Council Meeting of April 13, 1988. Bakersfield, California, March 30, 1988 - Page 12 447 NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located south of Freeway 178 approximately one-half mile west of Oswell Street from a P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) Zone to a Revised P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) Zone. First Reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located approximately 500 feet north of East Niles Street and 400 feet west of Park Drive from a P.U.D. (PLANNED UNIT DEVELOPMENT) Zone to a Revised P.U.D. (PLANNED UNIT DEVELOPMENT) Zone. Adoption of Resolution No. 51-88 of the Council of the City of Bakersfield approving an Amended Employee's Deferred Compensation Plan and Authorizing its Implementation. Upon a motion Councilmember Salvaggio, Resolution No. 51-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmember Childs, DeMond, Smith, McDermott, $alvaggio None None Ratty, Peterson, Adoption of Resolution No. 52-88 of the Council of the City of Bakersfield, California, Providing for the Issuance of Improvement Bonds for the City of Bakersfield Assessment District 86-2, Series D (Rancho Laborde). Approval of Contract No. 88-95 with ML Stern & Co., Inc, Improvement Bond Contract in the matter of Assessment District NO. 86-2, Series D, (Rancho Laborde). Upon a motion by Councilmember Ratty, Resolution No. 52-88 of the Council of the City of Bakersfield, was adopted and Contract No. 88-95 was approved, by the following vote: Ayes: Councilmembers Childs, DeMond, Smith, McDermott, $alvaggio Noes: None Absent: None Ratty, Peterson, Bakersfield, California, March 30, 1988 - Page 13 Adoption of Resolution No. 53-88 of the Council of the City of Bakersfield, California, Awarding Sale of Bonds in the Matter of City of Bakersfield Assessment District 86-2, Series D (Rancho Laborde). Upon a motion by Councilmember Ratty, Resolution No. 53-88 of the Council of the City of Bakersfield, was adopted by the following vote: Ayes: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson, Adoption of Resolution No. 54-88 of the Council of the City of Bakersfield to submit application to amend State of California Department of Health Permit to operate two new water wells. Upon a motion by Councilmember Salvaggio, Resolution No. 54-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvaggio Noes: None Absent: None Peterson Adoption of Resolution No. 55-88 of the Council of the City of Bakersfield Adopting a Revised Investment Policy. Upon a motion by Councilmember DeMond, Resolution No. 55-88 of the Council of the City o[ Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio None None Ratty, Peterson Adoption of Resolution No. 56-88 of the Council of the City of Bakersfield designating the week of April 18-22 as "You've Got the Power. Register and Vote!" Upon a motion by Councilmember McDermott, Resolution No. 56-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvaggio None None Peterson Bakersfield, California, March 30, 1988 - Page 14 Adoption of Resolution No. 57-88 accepting an Agreement with the State of California Department of Housing and Community Development's Emergency Shelter Grant Program and authorizing the Mayor to execute the Agreement. Approval of Agreement No. 88-90 with State of California, Department of Housing and Community Development for Emergency Shelter Grant Program. Upon a motion by Councilmember Peterson, Resolution No. 57-88 of the Council of the City of Bakersfield, was adopted, and Agreement No. 88-90 was approved by the following vote: Ayes: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson Adoption of Resolution No. 58-88 of the City Council of the City of Bakersfield Approving an Amended and Restated Lease Agreement, an Assignment and Trust Agreement, an Escrow Agreement, and a Preliminary Official Statement (Wastewater Treatment Plant 3). Approval of Agreement No. 88-91 with Public Facilities Corporation, Amended and Restated Lease Agreement (Wastewater Treatment Plant No. 3). Approval of Agreement No. 88-92 with Public Facilities Corporation, Assignment and Trust Agreement. Approval of Agreement No. 88-93 with Public Facilities Corporation, Escrow Agreement. Upon a motion by Councilmember Ratty, Resolution No. 58-88 of the Council of the City of Bakersfield, was adopted, and Agreements No. 88-91, 88-92 and 88-93 were approved, by the fol- lowing vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio None None Ratty, Peterson, Approval of Agreement No. 88-94 between Clifford E. Bressler, Trustee in Bankruptcy for Jean and Madonna Laborde for installing water system in a portion of the Laborde Development Project. Bakersfield, California, March 30, 1988 - Page 15 Upon a motion by Councilmember Salvaggio, Agreement 88-94 was approved and the Mayor authorized to execute the Agreement. No. Approval of Agreement No. 88-96, Reappointment of Peat Marwick Main & Co. to audit City Financial Records for Fiscal Year 1987-88. Upon a motion by Councilmember McDermott, Agreement No. 88-96 was approved. Award sale of obsolete radio test equipment to Bakersfield College for one dollar. Upon a motion by Councilmember Peterson, the sale of obsolete radio test equipment to Bakersfield College for one dollar, was approved by the following vote: Ayes: Councilmember Childs, DeMond, Smith, Ratty, McDermott, Salvaggio Noes: None Absent: None Peterson, Upon a motion by Councilmember Peterson, Chief Needham was recognized to speak as an item that arose after the agenda was prepared. Oral Report by Fire Chief Needham regarding City/County Fire Protection. Chief Needham gave an oral report regarding the City/County ~ire protection. Chief Needham read the following memorandum: Chief McCarthy reported to the Board of Supervisors on March 15 that due to the current funding problem some County fire stations will not be manned for short periods of time when manpower is not available. Several County fire stations will be affected which are within the JPA area and the period of times would be intermitten. He explained three levels of manning. Level 1 manning - down 8 personnel; Level 2 manning - down five more; Level 3 manning - down 15 and leaving stations vacant or with a lower level of manning. The City and County fire departments work as a team. The Joint Powers Agreement was based on three factors that have brought us closer together in this community. The most important factor is the closest company responds. This is the best deal we can give our citizens and we are proud to say that we have dealt with the territorial issues. The second factor is to combine training. The City and County have constructed a very fine joint training facility on Olive Drive and training activities are Bakersfield, California, March 30, 1988 - Page 16 ~ on-going. The third factor is combined communications. This was accomplished during 1987 and is presently working very well. With this tremendous success there is commitment on behalf of the City and County, and the members of both organizations need each other's support. Our intent is to do just that; to help our friends and team members. Our motto is "we care" and we live up to our commitment. Chief Needham stated that the County is currently having difficulties in their funding process, which is not having a negative effect on his department. The City is going to continue to support the JPA and make it work. He does not see any problems. Interim City Manager, Dale Hawley, informed the Council that May 4, is the next cycle of General Plan Amendment hearings, a Council meeting is scheduled for that date. Mr. Hawley also informed the Council that the League of California Cities has scheduled a Mayors and Councilmembers' Executive Forum Meeting in Monterey on July 20-22. Councilmember McDermott made a motion to consider the hearing meeting date as an item that arose after the Agenda was prepared. This motion was approved. Upon a motion by Councilmember McDermott the hearings set tor May 4 were rescheduled to May 18, and staff directed to renotify the property owners. Councilmember DeMond made a motion to consider the July meeting dates as an item that arose after the Agenda was pre- pared. The motion was approved. Upon a motion by Councilmember DeMond, the Council meet- ing scheduled for July 20, was rescheduled to July 27, to allow the Councilmembers to attend the Mayors and Councilmembers' Executive Forum Meeting in Monterey on July 20-22, 1988. COUNCIL STATEMENTS Councilmember Smith asked staff to proceed with the design of a traffic signal at the corner of Auburn and Fairfax Roads. Councilmember Ratty ask for the status on the City Manager recruitment process. Councilmember Childs stated that the Personnel Committee will submit a report with recommendations to the Council in April. Mayor Payne submitted a letter of resignation from Shirley McFadzean from the Historic Preservation Commission. Mayor Payne submitted a letter from Mr. Fallgatter, Mr. Kella and Mr. Page, regarding a resolution of support ~or Measure B, City Clerk to distribute copies to the Council. Bakersfield, California, March 30, 1988 - Page 17 Mayor Payne submitted a letter from Cox Cable regarding request for carriage on their system from an unestablished local independent television station. City Clerk to distribute copies to the Council and staff. Mayor Payne submitted a letter from Richard Prado, Chairman, United Communities Coalition, recommending adoption of the findings of the Ralph Anderson Report. City Clerk to provide copies to the Council. Councilmember Childs asked staff to schedule with the Central District Development Agency to brief on what has transpired during the past three months. a workshop the Council Councilmember Childs made a motion to place an item regarding "Discussion concerning Central District Development Agency" on the April 13, Agenda. Mayor Payne submitted a letter from Diane Sandidge resigning from the Historic Preservation Commission, effective April 1, 1988. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Ratty, the meeting adjourned at 10:10 p.m. MAYOR of the City of B~kersfield, ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California CA bz