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HomeMy WebLinkAbout08/26/1987 MINUTES CCBakersfield, California, August 26, 1987 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., August 26, 1987. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend Steve Kaay of the First Assembly of God Church. Deputy City Clerk called the roll as follows: Present: Mayor Absent: None Payne. Councilmembers Childs, Christensen, Smith, Ratty, Moore, Dickerson, Salvaggio PUBLIC STATEMENTS Auditorium Manager Charlie Graviss spoke for Ice Capades representative Wicket Ewok, announcing the dates of September 2-7, 1987, for the Ice Capades at the Civic Auditorium and extending a special invitation to the Mayor and City Council to be his guests on Wednesday, September 2, 1987. Ray Dezember presented a news release and introduced the following people as proposed members of a Charter Review Committee: Clifford F. Loader, Phyllis Adams Bill Balch Dr. John Eckert Dr. Frank Falero Dean Gay Dr. Jack Goldslnith Helen Patterson Bruce Stickler Dr. Richard Stiern Jim Young D.M.D. (suggested Chairman) Upon a motion by Councilmember Moore, Council from normal procedure in order to act upon the proposed Review Committee. deferred Charter Councilmember Moore made a motion to accept Ray Dezem- her's report on a proposed Charter Review Co~nmittee and approve the Charter Review Committee with the addition of Ray Dezember as an ex-officio, non-voting melnber. Councilmember Salvaggio requested that since Council voted to have the Budget and Finance Committee serve as the liai- son with the Charter Review Committee, that Budget and Finance Committee meetings pertaining to the Charter Review process be open to the public. Councilme~nber Salvaggio offered an amendment member Moore's motion to include someone from the ranks and a minority member to the Charter Review Committee. to Council- of labor Upon a motion by Councilmember Childs, the call for the question was approved by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Smith, Ratty, Moore, Councilmembers Christensen, Dickerson, Salvaggio None Bakersfield, California, August 26, 1987 - Page 2 Councilmember Moore's motion to accept Ray Dezember's report on a proposed Charter Review Committee and approve the Charter Review Committee with the addition of Ray Dezember as an ex-officio, non-voting member was approved by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Childs, Smith, Councilmember Christensen Councilmember Salvaggio None Ratty, Moore, Dickerson, Councilmember Smith expressed appreciation to Mr. Dezem- her and those members of the Charter Review Committee. Councilmember Salvaggio clarified his vote stating, that he has no criticism of Ray Dezember, but abstained from voting be- cause he felt it wasn't too much to ask for a better cross section on the Charter Review Committee. He also felt the Budget and Fi- nance Committee could have given Council a report of their meet- ings to this point, and although he thinks the committee is made up of a good group of people, he feels the Council could have en- hanced that selection. Councilmember Dickerson clarified his vote, stating that he thinks a lesson should be learned from Mayor Payne, who submit- ted names in advance for appointment to the Central District De- velopment Agency in a professional, straight-forward and thorough fashion. He feels that pattern was not followed in presenting names for the Charter Review Committee. He voted in favor of Councilmember Moore's motion because he is more interested in the spirit of doing something wonderful for our City rather than in the letter of the law. Councilmember Christensen clarified his vote, stating that he is not opposed to Ray Dezember or the excellent selection of committee members, but the most important point is that the diversity that has accrued in the last three years by the divisiv- ness of the Council is the greatest things to happen to Bakers- field in all the years it has been chartered because it has brought about a revision of the Charter. Councilmember Moore expressed his thanks to Mr. Dezember and the Charter Review Committee members and clarified his vote, stating that he felt it was extremely important to obtain members for the Committee through a de-politicized process and not have the names provided to and worked through by the Council. Homeless Coalition Task Force Chairman Fred Drew spoke regarding the crisis of the homeless problem and presented Council with the Homeless Coalition Task Force Report which concluded with the following primary recommendations: I. That the City procure the site at 1400 East Sumner Street. 2. That the City, with the assistance of the County of Kern, fund and establish at the site: A Day Center to provide basic human needs, ser- vices and to serve as a coordination and clear- ing house site for the home]ess services; A night shelter to provide basic overnight sleeping facilities; and c. A detoxification center for people who are under the influence. Bakersfield, California, August 26, 1987 Page 3 That the City use the request for proposal procedure to select a private, non-profit organization to man- age the site. Since the Task Force opposes the ca~nping out Ordi- nance and until such time that adequate shelter is available to those who would otherwise be subject to arrest, it is recommended that the City not adopt that Ordinance at this time. The Task Force is in favor of adopting a Social Service Ordinance using the Conditional Use Permit process. That an Advisory Committee be formed I'rom the Task Force to assist in identifying a lead agency which would insure continuity in funding and development of the Homeless Project. (Council action regarding the Homeless Coalition Task Force can be found under Item g. of the Consent Calendar, Page 7.) Mayor Payne made a statement commending members of the Homeless Coalition Task Force and announced that Certificates of Appreciation would be distributed by Community Development Princi- pal Planner George Gonzales. Jeanne Kamrar, 3000 Royal Oaks Drive, spoke in support of re-opening the Kilburn Center. (Public Statements are continued below.) Upon a motion by Councilmember Sa]vaggio, Councilmember Moore's Council Statement was moved forward on the Agenda. COUNCIL STATEMENTS Mental Health Association. Councilmember Moore commended Councilmember Christensen and Mayor Payne for their letters of support for the Kilburn Cen- ter and encouraged public support for the Center. (Council Statements are continued on Pages 4 and 17.) PUBLIC STATEMENTS CONTINUED Ann Gutcher, representing the Salvation Army Advisory Board, distributed copies of their Board Report with the following resolutions adopted as a first step in solving the problems of the homeless: That a centrally located, one-stop referral service be provided to direct the homeless to the proper, already existing agency or service. That the Salvation Ar[ny Advisory Board endorses the proposed Ordinance to restrict sleeping in public places. That the Salvation Army Board will pursue an agres- sire campaign to provide better care for the men- tally ill· Marvin Stone, of Gus' Barber Shop, 624 Jackson Street, spoke in opposition to a proposed day care center for homeless on Baker Street. Bakersfield, California, August 26, 1987 - Page 4 Carnation Community Improvement League President Jona- than Webster, I01 Donna Avenue, expressed thanks to Councilmember Childs, the Police Department and the Crime Watch for their assis- tance in helping them to organize a neighborhood watch program and spoke of concerns of their neighborhood regarding prostitution, drugs, loitering, vagrancy and curfew violations, and requested a staff person, possibly from Community Development, be available to help them with these concerns. Upon a motion by Councilmember Childs, Mr. Webster's con- cerns were referred to staff and the Urban Development Committee. The following spoke regarding crime problems in their neighborhood: Perry Martin, 105 "U" Street, Phyllis Zink, 300 "T" Street, and Leticia Donavan, 224 "T" Street. Jack Mettier, spokesman for the Committee for a Fair Se- wer, 105 Ritter Court, submitted a letter for distribution to the Council and spoke regarding Sewer Assessment District No. 87-1. Councilmember Salvaggio requested to speak to the public and to the Council under the Public Statement portion of the Agenda because a larger number of people are present than later in the meeting during Council Statements. cessed p.m. Upon a motion by Councilmember Childs, Mayor Payne re- the meeting at 8:29 p.m. The meeting reconvened at 8:39 Councilmember Moore Oberholzer for his appointment Kern County. gave recognition to City Attorney as a Judge of Superior District of Councilmember Christensen made a motion to grant Council- member Salvaggio permission to make a public statement. Mayor Payne restated the motion, that Councilmember Sa]- vaggio's Council Statement be moved forward on the Agenda. This motion was approved. COUNCIL STATEMENTS Councilmember SaIvaggio spoke regarding a lawsuit brought against him by Sand Creek Golf Course. Councilmember Childs stated for the record that the City of Bakersfield and the Redevelopment Agency have also been named in a suit by Sand Creek Golf Course and any comments or statements representative of the Council should come from the City Attorney's Office. Any statements outside of that capacity do not relate to the Council itself or the Redevelopment Agency itself. (Council Statements are continued on Page 17.) REPORTS Councilmember Ratty, Chairman of the Urban Development Committee, read Urban Development Committee Report No. 21-87 re- garding Rancho Laborde i~nprovements as follows: The Reynolds Environmental Group sent a letter dated June 15, 1987, to the City Manager regarding the City policy of requiring a 3:1 lien to value ratio for special assessment improvements. This letter was referred to the Urban Development Committee for review. Bakersfield, California, August 26, 1987 Page 5 Recently a new appraisal was done by Grubb ~ Ellis for those parcels that will participate in the bonds for Rancho Laborde improvements. Based on this appraisal, the new lien to value ratio is bet- ter than 5½:1. The potential difficulty in issuing additional bonds caused by the City policy is no longer a stumbling block and is now moot. Accord- ingly, no action is required by the City Council. It is recommended that this report be accepted and no action taken at this time. Upon a motion by Councilmember Ratty, Urban Development Committee Report No. 21-87 was accepted. Councilmember Childs, Chairman of the Budget Committee, read Budget and Finance Committee Report No. garding the Baker Street Facade Program as follows: and Finance 32-87 re- On August 19, 1987, the Budget and Finance Commit- tee discussed i~nplementing a facade improvements program along Baker Street. The program which was discussed is identical to the facade program which has been used in the downtown area. This program would allow for a sharing of costs between the City and the merchants. As a result of the Budget and Finance Committee discussion, it is recommended that $50,000 of Community Development Block Grant funds be appro- priated for facade improvements on Baker Street and that these funds be distributed with the same guidelines that are being used with the facade pro- gram in the downtown area. It is recommended that this report be accepted and the recommendations contained herein be approved. Upon a motion by nance Committee Report No. tions implemented. Councilmember Childs, Budget and Fi- 32-87 was accepted and the recommenda- Councilmember Salvaggio clarified his vote stating that he supported Budget and Finance Committee Report No. 32-87 because on February 11, 1987, the Council passed the Baker Street Specific Plan of which one of the goals was to arrest the spread of visual blight. With Council's study of the homeless and the Baker Street Plan, he is pleased that the institution of the Baker Street Fa- cade Program will be very beneficial to Bakersfield. Councilmember Childs, Chairman of Committee, read Budget and Finance Committee garding the Golden Empire Sports Complex as the Budget and Finance Report No. 33-87 re- follows: In April of this year, the City's Recreation Divi- sion requested that the City Council consider the possible lease or purchase of the Golden Empire Sports Complex owned by Frank and Marion Collins. Staff has received an appraisal of the complex and has also prepared a cash flow analysis to determine the financial impacts of the City operating the facility. The staff analysis shows that the com- plex could be operated from existing funds from adult softball and the additional revenues gener- ated by the complex. &n additional $70,000 will need to be appropriated for the operation of the complex, but will be offset by increased adult softball and other miscellaneous revenues of $70,000 derived from the operation of the complex. Bakersfield, California, August 26, 1987 - Page 6 It has been determined that it is in the best interest of the City to enter into a multi-year lease of the property with an option to purchase the complex. Therefore, this Committee recommends that staff negotiate a multi-year lease for the operation of the Golden Empire Sports Complex and also an option to purchase at some later date if feasible. This Committee also recommends the appropriation of $70,000 to operate the complex. Upon a motion by Councilmember Childs, Budget and Fi- nance Committee Report No. 33-87 was accepted and the recommenda- tions implemented. (Further action on this Report is continued on Page 9.) Councilmember Childs, Chairman of the Budget and Finance Committee, read Budget and Finance Committee Report No. 34-87 re- garding removal of Deed Restriction for Bakersfield Courthouse Racquetball Facility as follows: This Committee has met with Tim Gannon, operator of the Courthouse Racquetball Facility, who has re- quested the reinoval of the deed restriction on the property he leases from the City in Beach Park. The deed restriction was imposed by Kern County at the time the City received Beach Park and restricts the use of the property to public recreation uses. Mr. Gannon indicated that the removal of the deed restriction is necessary to obtain a loan to reno- vate the facility and make energy saving improve- ments. Mr. Gannon has indicated that the County of Kern is willing to remove the deed restriction if all of the proceeds the City receives from the rac- quetball facility go to maintain Beach Park and the removal of the restriction is requested by the City Council. City staff has indicated that the costs of maintaining Beach Park far exceed the revenues gained from the Courthouse and there would not be a problem dedicating those funds for the maintenance of Beach Park. Therefore, in order to allow for financing improve- ments to the racquetbal! facility, this Committee recommends the removal of the deed restriction on the property leased to Mr. Gannon and used for the Courthouse RacquetbaI1 Facility. This Committee also recommends that staff amend the ]ease agree- ment to include the specific improvements to the facility and to protect the City's interests with regard to these improvements and any revenues to be derived from the operation of the facility. Upon a motion by Councilmember Childs, Budget and Fi- nance Committee Report No. 34-87 was accepted and recommendations implemented. CONSENT CALENDAR The following items were listed on the Consent Calendar: a. Approval of Warrant Nos. 435 to 714 inclusive, in the amount of $935,635.49. Communication from Phyllis A. Patrick, 12130 Wimbledon Way, dated July 29, 1987, submitting her resignation from the Central District De- ~[~l~E~tA~e~E~f+~c~R$~pb~)l, 1987. Bakersfield, California, August 26, 1987 - Page 7 go Communication from Carl Warren and Company, 5405 Stockdale Highway, Suite 203, dated July 28, 1987, requesting Amendment to Service Agreement now existing with City of Bakers- field. (RECEIVE AND REFER TO RISK MANAGEMENT) Communication from the Law Offices of Young, Wooldridge, Paulden, Self, Farr and Griffin, 1675 Chester Avenue, dated August 6, 1987, re- questing information regarding compliance with Business and Professions Code requirements on telephone solicitations for the purpose of fundraising. (RECEIVE AND REFER TO CITY ATTORNEY) Communication from the Kern High School Dis- trict, 200 Twenty-Fourth Street, dated August 13, 1987, requesting the abandonment of the 14th Street right-of-way, six feet, six inches north of the south right-of-way line, by one hundred sixty-seven feet six inches east along said south right-of-way located on the campus of Bakersfield High School. (RECEIVE AND REFER TO PLANNING CO~VIISSION FOR STUDY AND RECOMMEN- DATION) Communication froin Gregory I. Clemons, 6450 Hazeltine, #202, Van Nuys, California, re- garding property located at 790 East Brun- dage Lane which he is requesting to obtain for the purpose of establishing a conven- ience store. Communication from Roger A. Mcintosh, rep- resenting Martin Mcintosh Land Surveying- Civil Engineers, 4130 Ardmore Avenue, Suite 201, regarding sewer service in Tract 4908. (RECEIVE AND REFER TO URBAN DEVELOPMENT COMMITTEE) Homeless Coalition Task Force Report. (RECEIVE AND REFER TO INTERGOVERNMENTAL RELATIONS COM- MITTEE) h. Claims for Damages and Personal Injuries from the following: Laura Lee Coy, 1128 Truxtun Avenue; Roadway Express, Inc., P.O. Box 88, Akron, OH, 44309; Bruce Armstrong, 75 "A" Street; and Sharon Spivey, 2300 Bernice Street· (REFER TO CITY ATTORNEY) i. Dedication of properties: Storm Drain Easement (Permanent) from MosesJan Development Corporation located along the west side of Inyo Street, north of East California Avenue. Bakersfield, California, August 26, 1987 - Page 8 155 e, f, g, adopted Ayes: Noes: Absent: Upon h, i, by the Counei None None Grant Deed of Easement for electrical serv- ice facilities from Buena Vista Company located between Alegre Court and Mountain Vista Drive, south of White Lane. Public Utilities Easement, Road Easements, Turnaround Easement, Storm Drain Easement, and Grand Deed from Stockdale south, lo- cated east of Gosford Road and south of Harris Road. Notices of Completion and Acceptance of Work for the following projects: Relocation of 60' radio tower and instal- lation of new 20' tower section on one ex- isting tower, Contract No. 87-176, was com- pleted on August 17, 1987. Parcel Map No. 8016, located at or near the intersection of Hayden Ct. & Union Avenue, Contract No. 86-231, was completed on August 10, 1987. Parcel Map No. 7744, located at or near in- tersection of Freeway 58 and Mt. Vernon Avenue, the Contractor/Developer on said project was Tenneco Realty Development Corporation, was completed on August 18, 1987. Traffic signal system on Stine Road at Wilson Road, Contract No. 87-65, was com- pleted on August 19, 1987. Contract Change Order No. 1 with Beaver Con- struction, Contract No. 87-130, for construc- tion of sanitary sewers, Assessment District No. 86-5 (Real Akers Harris - Fairview). Application for Encroachment Permit from Mr. Allen Eugene Sanders, 2904 Vassar Street, re- questing approval to install a 4 foot high wrought iron fence between brick vertical posts in back of the sidewalk in front of 2904 Vassar Street. Request for Leave of Absence Without Pay for Fire Captain Joe Squyres' from October 1, 1987 thru April 30, 1988 and September 1, 1988 thru April 30, 1989. Service Agreement between the City of Bakers- field and National Urban Fellows, Inc. a motion by Councilmember Childs, Items a, b, j, k, 1, m and n of the Consent Calendar were following vote: lmembers Childs, Christensen, Smith, Ratty, Moore, Dickerson, Salvaggio Bakersfield, California, August 26, 1987 - Page 9 REPORTS continued Upon legal advice from staff, Councilmember Childs made a motion for a roll call vote to implement appropriation of $70,000.00 for operation of the Golden Empire Sports Complex in Budget and Finance Committee Report No. 33-87. This motion was approved by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, ACTION ON BIBS Upon a motion by Councilmember Moore, low bid from S. A. Camp Pump Company in the amount of $65,999.00 for drilling, casing and pump testing Ashe Water We]] No. 19 was accepted, the other bid rejected and the Mayor was authorized to execute the Contract. Upon a motion by Councilmember Moore, low bid from S. A. Camp Pump Company in the amount of $61,500.00 for drilling, casing and pump testing Ashe Water Well No. 20 was accepted, the other Did rejected and the Mayor was authorized to execute the Contract. Upon a motion by Councilmember Moore, low bid from Cus- tom Switchgear and Controls in the amount of $8,490.00 to furnish a manufactured electrical panelboard for Ashe Water Pumping Sta- tion No. 20 was accepted, all other bids rejected, and the Mayor was authorized to execute the Contract. Upon a motion by Councilmember Salvaggio, low bid from Odis Dykes, Inc., in the amount of $146,007.50 for Annual Contract for earth moving and hauling was accepted, all other bids rejected and the Mayor was authorized to execute the Contract. Upon a motion by Councilmember Ratty, low bids from Tar- get Specialty Products for $47,268.76 (18 items) and Abate-A-Weed for $18,675.65 (13 items) for Annual Contract for Chemical Insect- icides/Herbicides, all other bids rejected and the Mayor was auth- orized to execute the Contracts. Upon a motion by Councilmember Salvaggio, low bid from Battery Exchange Inc. in the amount of $11,072.79 for Annual Con- tract for automotive batteries was accepted, all other bids re- jected and the Mayor was authorized to execute the Contract. Adoption of Resolution No. 157-87 of the Council of the City of Bakersfield deter- mining that a certain Police Vehicle can be reasonably obtained from only one ven- dor and authorizing the Finance Director to dispense with bidding therefor. Upon a motion by Councilmember Childs, Resolution No. 157-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, Bakersfield, California, August 26, 1987 - Page 10 Adoption of Resolution No. 158-87 of the Council of the City of Bakersfield deter- mining that certain auditorium seat covers can be reasonably obtained from only one vendor and authorizing the Finance Direc- tor to dispense with bidding therefor. Upon a motion by Councilmember Christensen, Resolution No. 158-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Smith, Ratty, Dickerson, Salvaggio Noes: None Absent: None Moore, DEFERRED BUSINESS This is the time set for determination after the hearing of protests as required by Resolution of Intention No. 1028 and Resolution No. 121-87 to construct certain improvements (sanitary sewers, lift station and force main) in proposed Assessment Dis- trict No. 87-1 (Jenkins Road to Buena Vista Road Sewer Project). This matter was continued from the meeting of July 29, 1987. Public Works Director Hawley gave an overview of Assess- ment District No. 87-1 and filed the Modified Engineering Report indicating changes in the District and signed statements received from contractors agreeing to increased costs of the changes. Upon a motion by Councilmember Ratty, Jack Mettier of the Committee for a Fair Sewer, 105 Ritter Court, was allowed to speak. Upon a motion by Councilmember Christensen, David Fil- lerup, 13612 Unity Court, was allowed to speak. Adoption of Resolution No. 159-87 of the Council of the City of Bakersfield over- ruling protests o[ Resolution of Inten- tion No. 1028, Assessment District No. 87-1. Upon a motion by Councilmember Ratty, Resolution No. 159-87 was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, Bakersfield, California, August 26, 1987 Page 11 Adoption of Resolution No. 160-87 of the Council of the City of Bakersfield adopt- ing the Modified Engineer's Report, con- firming the assessment and ordering the construction of improvements, Assessment District No. 87-1. (Resolution of Inten- tion No. 1028) Upon a motion 160-87 of the Council of the following vote: by Councilmember Ratty, Resolution No. the City of Bakersfield was adopted by Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Adoption of Resolution No. 161-87 of the Council of the City of Bakersfield desig- nation the Collection Officer, Assessment District No. 87-1. (Resolution of Inten- tion No. 1028) Upon a motion by Councilme~nber Ratty, Resolution No. 161-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, Adoption of Ordinance No. 3111 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakers- field Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located at the northwest corner of Terrace Way and South "H" Street from an R-2-D Zone to a C-O Zone. (Ref. Zoning Resolution No. 31-87) This Ordinance was given first reading at the meeting of August 12, 1987. Upon a motion by Councilmember Salvaggio, Ordinance No. 3111 New Series of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Counci Noes: None Absent: None lmembers Childs, Christensen, Dickerson, Salvaggio Smith, Ratty, Moore, Adoption of Ordinance No. 3112 New Series of the Council of the City of Bakersfield alnending Title Seventeen of the Bakers- field Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located approxi- mately 2,000 feet east of Mt. Vernon Avenue and 155 feet south of the east ex- tention of Belle Terrace from an A (Agri- cultural) Zone to an M-1 (Light Manufac- turing) Zone. This Ordinance was given first reading at the meeting of August 12, 1987. Bakersfield, California, August 26, 1987 - Page 12 Upon a motion by Councilmember Childs, Ordinance No. 3112 New Series of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Adoption of Ordinance No. 3113 New Series of the Council of the City of Bakersfield amending sections 10.80.010, 10.80.020, 10.80.030 and 10.80.050 and repealing Section 10.80.040 of the Bakersfield Muni- cipal Code relating to the Kern River Bicycle Trail. This Ordinance was given first reading at the meeting of August 12, 1987. Assistant Planning Director Hardisty gave a brief expla- nation of the function of Ordinance No. 3113. Upon a motion by Councilmember Salvaggio, Ordinance No. 3113 New Series of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, Adoption of Ordinance No. 3114 New Series of the Council of the City of Bakersfield adding Subsection G. to Section 3.20.120 of the Bakersfield Municipal Code relating to disposal of surplus fire fighting equipment. This Ordinance was given first reading at the meeting of August 12, 1987. Upon a motion by Councilmember Christensen, Ordinance No. 3114 New Series of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, Adoption of Ordinance No. 3115 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakers- field Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located south of Highway 178, west of Morning Drive, north of College Avenue, from an R-1 Zone to an R-2 Zone; from an R-S, R-2, R-3 and C-2 Zone to an R-1 Zone. This Ordinance was given first reading at the meeting of August 19, 1987. Bakersfield, California, August 26, 1987 Page 13 Upon a motion by Councilmember Christensen, Ordinance No. 3115 New Series of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Adoption of Ordinance No. 3116 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding pre- zoning of property known as Berkshire No. 2 Annexation. This Ordinance was given first reading at the meeting of August 19, 1987. Upon a motion by Councilmember Salvaggio, Ordinance No. 3116 New Series of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield Amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield re- garding prezoning of property known as Buena Vista No. 3 Annexation. First Reading of an Ordinance of the Council of the City of Bakersfield adding Section 2.84.150 A.3. to Section 2.84.150 of the Bakersfield Municipal Code relating to acting appointments, temporary assignments and rates of pay. Adoption of Resolution No. 162-87 of the Council of the City of Bakersfield ap- proving the destruction of certain obso- lete City records, documents, instruments, books and papers, pursuant to Section 34090 Et Seq. of the Government Code of the State of California. Upon a motion by Councilmember Christensen, Resolution No. 162-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickersoil, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, Bakersfield, California, August 26, 1987 - Page 14 Adoption of Resolution No. 163-87 of the Council of the City of Bakersfield giv- ing police equipment to the City of Taft. Upon a motion by Councilmember Christensen, Resolution No. 163-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Noes: None Absent: None Childs, Christensen, Dickerson, Salvaggio Smith, Ratty, Moore, Adoption of Resolution of Application No. 164-87 of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 315 (Berkshire No. 2 Annexation). Upon a motion by Councilmember Salvaggio, Resolution of Application No. 164-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Counci Noes: None Absent: None lmembers Childs, Christensen, Dickerson, Salvaggio Smith, Ratty, Moore, Adoption of Resolution No. 165-87 of the Council of the City of Bakersfield setting and authorizing notice of a hearing to consider and act upon the adoption of a Resolution of Necessity to acquire certain property by eminent domain for Municipal Airport purposes. (Parcels i and 2 ) Councilmember Christensen made a motion to adopt Resolu- tion No. 165-87 of the Council of the City of Bakersfield. Upon a motion by Councilme~nber Childs, the property own- er of Parcels 3 and 4, Charles H. Burger, was allowed to speak. Councilmember Christensen's motion to adopt Resolution No. 165-87 of the Council of the City of Bakersfield was approved by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Adoption of Resolution No. 166-87 of the Council of the City of Bakersfield set- ting and authorizing notice of a hearing to consider and act upon the adoption of a Resolution of Necessity to acquire cer- tain property by eminent domain for Muni- cipal Airport purposes. (Parcels 3 and 4). Upon a motion by Councilmember Salvaggio, Resolution No. 166-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Sa]vaggio None None Smith, Ratty, Moore, Bakersfield, California, August 26, 1987 Page 15 Adoption of Resolution No. 167-87 of the Council of the City of Bakersfield order- ing change and modification to Engineer's Report for Assessment District No. 86-2. Upon a motion by Councilmember Christensen, Resolution No. 167-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, Adoption of Resolution No. 168-87 of the Council of the City of Bakersfield accept- ing Bill of Sale and Grant Deed regarding City of Bakersfield Assessment District No. 87-2. Upon a motion by Councilmember Ratty, Resolution No. 168-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, Agreement between City of Bakersfield and J. E. Grindstaff, Jr., for providing Con- struction Engineering Services for the Brundage Lane sewer replacement between Myrtle Street and Chester Avenue. Upon a motion by Councilmember Childs, the Agreement be- tween City of Bakersfield and J. E. Grindstaff, Jr. for engineer- ing services was approved, and tile Mayor authorized to execute the Agreement. Agreement between Texaco Inc., North Kern Water Storage District and the City of Bakersfield and Supplemental Letter Agreement between North Kern W.S.D. es- tablishing terms and conditions to con- tinue the diversion of treated water resulting from steam - injection opera- tions into the Beardsley Canal. Councilmember Ratty made a motion to approve the Agree- ment between Texaco Inc., North Kern Water Storage District and the City of Bakersfield and the Supplemental Letter Agreement be- tween North Kern W.S.D., and authorize the Mayor to execute the Agreement. Director of Water Resources Gene Bogart gave an explana- tion of the uses of the BeardsIcy Canal. Councilmember Ratty's motion to approve the Agreement between Texaco Inc., North Kern Water Storage District and the City of Bakersfield and the Supplemental Letter Agreement between North Kern W.S.D. and authorize the Mayor to execute the Agreement was approved. Bakersfield, California, August 26, 1987 page 16 t63 Amendment to Agreement No. 87-69 between the City of Bakersfield and John Carollo Engineers for engineering Services dur- ing the construction of the Secondary Digester at Wastewater Treatment Plant No. 2. Upon a motion by Councilmember Childs, the Amendment to Agreement No. 87-69 between the City of Bakersfield and John Ca- rollo Engineers was approved, and the Mayor authorized to execute the Agreement. Acquisition Agreement (Assessment Dis- trict 86-2, Rancho Laborde). Upon a motion by Councilmember Childs, the Acquisition Agreement for Assessment District 86-2 was approved, and the Mayor authorized to execute the Agreement. Grant of Easement for Beale Memorial Branch Library; Agreement in connection with Grant of Easement and Agreement for no liability for costs of canal relocation. Upon a motion by Councilmember Moore, Grant of Easement for Beale Memorial Branch Library was approved, and the Mayor auth-. orized to execute the Agreement and Easement. Acceptance of the Rental Rehabilitation Program Funds for Fiscal Year 1987/88 and approval of the Memorandum o[ Under- standing between the City and the Kern County Housing Authority. Upon a motion by Councilmember Salvaggio, Acceptance of the Rental Rehabilitation Program Funds for Fiscal Year 1987/88 were referred to the Budget and Finance Committee. Nominations to the Fair Housing Advisory Co~nmittee for Fiscal Year 87/88. Upon a motion nominations to the Fair 1987/88 were adopted: by Councilmember Salvaggio, the following Housing Advisory Committee for Fiscal Year Bakersfield Nominee: Alternate: Board of Realtors Barbara Don Carlos Cindie Moore Kern Mexican American Political Association Nominee: Gonzalo E. Ramirez Alternate: Henry Rodriquez Building Industry Association Nominee: David Price III Alternate: Susan Rohan of Kern County National Association for the Advancement Nominee: Archie Johnson Alternate: Herman E. Webster Jr. of Colored People Kern County Apartment Association Nominee: Debra Cullen Alternate: Dyana Cox The League of Women Voters Nominee: Nancy Burciaga Alternate: Barbara Duey Bakersfield, California, August 26, 1987 - Page 17 Addition of a school crossing guard at Bernard Street and Union Avenue. Upon a motion by Councilmember Christensen, the addition of a school crossing guard at Bernard Street and Union Avenue was approved; the contract with Gordon Special Services, Inc., to add this new location to the current list of locations was amended; and $5,553.00 was transferred from the Contingency Fund to Fund No. 11-74500-321 (other outside services and changes fund) by the following vote: Ayes Noes Absent: Councilmembers None None Childs, Christensen, Dickerson, Salvaggio Smith, Ratty, Moore, Approval of Plans and Specifications for Reconstruction of the Farmer-Stine-Anderson Box Culvert located on the Carrier Canal adjacent to the Calloway River Weir. The estimated cost is $225,000. Upon a motion by Councilmember Salvaggio, plans and spec- ifications for reconstruction of the Farmer-Stine-Anderson Box Culvert were approved; this unbudgeted capital improvement project authorized, and the transfer of $100,000 from the Agricultural Water contingency fund was approved by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, COUNCIL STATEMENTS Issue of Harris and Akers Roads Park being named "Challenger Park". Upon a motion by Councilmember Dickerson, the Harris and Akers Roads Park was named "Challenger Park" Mini Mall Zoning Upon a motion by Councilmember Smith, staff was directed to bring back a way to deal with the issues involved in Mini Mall Zoning as soon as possible and the issue of Mini Mall Zoning was referred to the Planning Commission for more±n-depth study and recommendation. Testimony before State Water Resources Control Board - Irvine. Councilmember Moore gave a brief synopsis of his testi- mony before the State Water Resources Control Board. Mayor Payne introduced communication from Chain-Younger, 1128 Truxtun Avenue, regarding California Trial Lawyers Associa- tion compromise and referred it to the City Attorney. Mayor Payne introduced communication from the American Consulate Genera], U.S. and Foreign Commercial Services, Milan, Italy, relative to attendance at the Milan Fair, "Invest in the U.S.A.", and referred it to the Urban Development Committee. Mayor Payne introduced communication from the California Bicentennial Foundation for the U. S. Constitution, inviting the City of Bakersfield to register as a Constitution City, and re- ferred it to staff. Bakersfield, California, August 26, 1987 - Page 18 Mayor Payne introduced communication from the United States Environmental Protection Agency, 215 Fremont Street, San Francisco, regarding proposals to rescind and reclassify wells owned by Shell California Production, Inc., and referred it to City Attorney. the Mayor Payne introduced communication from Western Oil and Gas Association, and National Ocean Industries Association, 727 West Seventh Street, Los Angeles, indicating the filing of lawsuits filed regarding several initiatives and ordinances re- cently passed by counties and cities in California, and referred it to the City Attorney. Mayor Payne introduced communication from El Mexicalo Bilingual Newspaper, 931 Niles, regarding the City of Bakersfield taking out an ad in a Special 8th Anniversary Ed±t±on , and re- ferred Jt to the City Manager. Mayor Payne introduced communication from Henry Cisneros, Mayor of San Antonio, Texas, regarding Municipal Clerk's Education Foundation, and referred it to the City Manager. Mayor Payne introduced communication from John C. Bayer, P.O. Box 9038, asking for City support and assistance in designa- tion of a route regarding a fund-raiser marathon proposed by Bob Wetland, and referred it to Police Chief Price. Councilmember Childs gave a report on the GET/Valley Plaza Ad Hoc Committee regarding bus service to the Plaza. Councilmember Salvaggio requested a copy of an invita- tion to the opening of the new Valley Plaza bus route, with brunch following, be provided to all Councilmembers. Councilmember Childs requested staff research the possi- bility of a special dedication and plaque commemorating the City of Bakersfield and the Redevelopment Agency's participation in the Clarion Hotel. Councilmember Childs requested the resignation of City Attorney Oberholzer be placed on the September 9, 1987, Council Agenda under Council Statements. Mental Health Association to review elation. Upon a motion by Councilmember Moore, staff was directed alternatives available to assist the Mental Health Asso- ADJOURNMENT There being no further business to come before the Coun- cil, upon a motion by Councilmember Dickerson, the meeting adjourned at 9:54 p.m. ATTEST: MAYOR of the City of BaKersfield, Calif. CITY CLERK and Ex Officio Clerk of the OF THE City of Bakersfield, Ca]fiornia df Council