HomeMy WebLinkAbout07/29/1987 MINUTES CCBakersfield, California, July 29, 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., July 29, 1987.
by the
Tolbert
The meeting was called to order by Mayor Payne, followed
Pledge of Allegiance and Invocation by Reverend Michael
of the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Payne. Councilmembers Childs, Christensen (seated
at 8:25 p.m.), Smith, Ratty,
Moore, Dickerson, Salvagglo
Absent: None
MINUTES
Upon a motion by Councilmember Moore, Minutes of the
Regular Meetings of June 17, 1987, and July 1, 1987, and Special
Meeting of June 24, 1987, were approved.
PUBLIC STATEMENTS
H. L. "Hal" Butler, 112 McCord Avenue, #23, spoke in
opposit~on to the proposed plans to consolidate the Greater
Bakersfield Chamber of Commerce and the Greater Bakersfield Con-
vention and Visitors Bureau as concerns the upcoming Veterans'
Convention.
Upon a motion by Councilmember Ratty, Mr. Butler's con-
cerns were referred to staff.
HEARINGS
This is the ti~ne set for hearing protests
as required by Resolution of Intention
No. 1025 to construct certain improve-
ments (sanitary sewers, lift station and
force ma~n) in proposed Assessment Dis-
trict No. 87-1 (Jenkins Road to Buena
Vista Road Sewer Project).
Correspondence has been received from Paul W. Mackie,
14005 Tlerra Bianca Avenue, John Kerchinski, 704 Harrisburg Street
and David J. Fillerup, 13612 Unity Court, dated July 27, 1987,
protesting Assessment District No. 87-1.
A packet containing correspondence petitions with ap-
proximately 386 signatures, and a l~st of questions was received
by the City Clerk on July 29, 1987, from a group of homeowners
requesting postponement of f~nal determination for a period of not
]ess than s~x months for the purpose of further study, fact find-
ing and homeowner participation.
Public Works Manager HawIcy made a brief presentation of
background information regarding Assessment District No. 87-1. He
stated he had received a letter of protest and a petition signed
by a number of opponents to Assessment District 87-1 and recommend-.
ed that the Hearing be opened, those speaking in protest be heard,
and the Hearing continued for thirty days in order to check the
percentage of protests and prepare a response to the objections.
Mayor Payne declared the hearing open for public parti-
cipation.
Bakersfie]d, California, July 29, 1987 - Page 2
115
John (Jack) Mettier, 105 Ritter Court, representing a
group of homeowners called "Committee for a Fair Sewer, spoke in
opposition of Assessment District No. 87-1, presented a protest
petition signed by 386 landowners, and requested the Council place
a six month postponement on any final determination of the pro-
posed annexation of Sewer Assessment District No. 87-1.
The following spoke in opposition to Assessment District
No. 87-1:
David Fillerup, 13612 Unity Court;
Jeff Logan, 13304 Paisley Court;
Malcomb Carr, 312 Newburg Street; and
Jim Beane, 200 Scotsburg.
Ben Batey, a
Assessment District No.
sewer system project.
builder of thirty homes in the area of
87-i, spoke in support of the proposed
Karen Dirks, 13304 Paisley Court, spoke in opposition to
Assessment District No. 87-1.
Leland Ross Hansen, 13312 Warrenton Avenue, spoke in
opposition to Assessment District No. 87-1.
No further protests being received,
the public portion of the hearing for Council
action.
Mayor Payne closed
deliberation and
issues
until
Councilmember Ratty made a motion that staff research
of Assessment District No. 87-1 and any action be deferred
the August 26, 1987, Council meeting.
Upon a motion hy Councilmember Ratty, John Mettier was
allowed to speak.
Mayor Payne restated Councilmember Ratty motion, to
defer any action on Assessment District No. 87-1 until August 26,
1987, pending a report back from staff. This motion was approved.
Councilmember Dickerson clarified his vote, stating that
he is unsure how long a hearing can be continued without making a
decision, noting there may be some time requirements relative to
the thirty days delay versus the six months requested by the home
owners. He feels the report from staff will be very important to
have for a resource in making a determination for future direction.
This is the time set for public hearing
on Resolution of Intention No. 1029 de-
claring its intention to order the vaca-
tion of excess right-of-way on Pacheco
Road at the east side of Wible Road in
the City of Bakersfield.
Mayor Payne declared the hearlag open for public parti-
cipation.
David Lawless of Quad Consultants spoke in support of
Resolution of Intention No. 1029.
No 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.
116
Bakersfield, California, July 29, 1987 - Page 3
Upon a motion by Councilmember Dickerson, Resolution No.
138-87 of the Council of the City of Bakersfield ordering the
vacation of excess right-of-way on Pacheco Road at the east side
of Wible Road ]n the City of Bakersfield (Resolution of Intention
No. 1029) was adopted by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Smith,
Salvaggio
None
Councilmember Christensen
Ratty, Moore, DJcRerson,
City Attorney Oberholzer introduced Deputy City Attorney
Laura Marino as a new addlt]on to the City Attorney's stall.
REPORTS
Councilmember Dickerson
Services Committee Report No. 7-87
follows:
read Auditorium and Community
regarding naming of parks as
The issue of naming new parks was referred to the
Auditorium and Community Services Committee which
has met several times to discuss the selection of
names for ~lve (5) proposed neighborhood parks.
Proposed sites and Councilmembers afIected are as
follows:
1) North of Freeway 178, East of Fairfax Road
(Councilmember Smith)
2) Harris and Akers Road
(Councilmember Dickerson)
3) North of Panama Lane, East of Highway 99
(Councilmember Salvagglo)
4j Monitor Street South of Patheed Road
(Councilmember Salvaggio)
5)
South oI Stockdale Highway, West oI Jenkins
(Councilmember Ratty)
Road
To assist in the selection process, elementary
schools within the immediate area of each proposed
parr were surveyed. In response, a list of pro-
spectlve names was provided to th~s committee and
is available for review by any Councilmember upon
request. It is the teeling ot this committee that
affected Councilmembers should have the opportunity
to submit names for parks in their area. Council-
member Sm]th, w~th assistance from the students at
Elssler School, submitted the name of Panorama
Hills for their proposed park.
Therefore, based on the above lnlormatlon and
further deliberation, this committee recommends the
following:
1)
The name of "Panorama Hills Park" be approved
for the proposed site located North of Freeway
178 and East of Fairfax Road.
2) Councilmembers from the remaining areas are re-
quested to submit a park name.
3) Suggested names be voted upon during a scheduled
City Council meeting.
Bakersfield, California, July 29, 1987 - Page 4
Upon a motion by Councilmember Dickerson, Auditorium and
Community Services Report No. 7-87 was accepted.
Councilmember Dickerson made a motion to implement the
recommendations of Auditorium and Community Services Report No.
7-87.
Councilmember Childs fnade a substitute motion to have a
workshop on procedures used for naming parks prior to adoption of
Auditorium and Communfty Services Report No. 7-87.
Mayor Payne restated Councilmember Childs' substitute
motion to defer any further action on Auditorium and Community
Services Report No. 7-87 until a Workshop regarding naming of
parks is held on August 12, 1987. This motion failed.
Mayor Payne restated Councilmember Dickerson's main mo-
tion to implement the recommendations of Auditorium and Community
Services Report No. 7-87, including instruction to staff to conduct
the same survey in the schools ot the parr site area of Panama
Lane east of Highway 99 and approve the name of Panorama Hills
Park for the area north of Freeway 178, east of Fairfax Road.
This motion was approved.
Councilmember Dickerson made a motion to place the nam-
ing of Challenge Park for the Harris and Aker Roads park site on
the agenda for the August 12, 1987, Council meeting.
Councilmember Salvaggio clarified his vote, stating he
is pleased that Council has approved the report on naming of parks.
He thinks it is an excellent report, which he supported, and he
has no problem with any Councilmember submitting a name for a park
in their ward because the check on that system is that the Council
has to approve any names submitted.
Councilmember Childs clarified his vote, stating his
opinion that the report was excellent, although lacking in certain
areas, such as Councilmember Salvaggio's ward. All he was trying
to do by way of his substitute motion was to streamline some type
of procedure for dealing with naming of parrs.
Councilmember Dickersoh's motion to place the naming of
Challenge Park on the agenda for August 12, 1987, was approved.
Councilmember Childs clarified his vote, stating that
Challenge Park is an excellent name but because Councilmember
Dickerson himself said it wasn't approved by a majority of the
committee, he could not vote for it.
Councilmember Dickerson clarified his vote, stating that
the procedure he thinks has been adopted is good in that both
school children in park s~te areas and the full Council is in-
volved. He would invite any changes or suggestions from Council
on naming parks and he feels the Council has taken the appropriate
action.
Councilmember Ratty, Chairman of the Urban Development
Committee, read Urban Development Committee Report No. 17-87 re-
garding Noise Nuisance - Fruit Growers Express as follows:
On July 13, 1987, the Urban Development Committee
met to discuss the noise nuisance caused by the
Fruzt Growers Express. The nuisance was abated
when Fruit Growers Express effected a permanent
reidcation of their facilities. The original com-
plainants have indicated that they are satisfied
with the solution reached. Accordingly, no addi-
tional action is required by the Council at this
time.
Bakersfield, California, July 29, 1987 Page 5
It is recommended that the Council receive and file
this report of the Urban Development Committee.
Upon a motion by Councilmember Ratty, Urban Development
Committee Report No. 17-87 was accepted and recommendations imple-
mented.
Councilmember Smith read Urban Development Committee
Report No. 18-87 regarding Maintenance District No. 5 as follows:
On June 8, 1987, Mr. Phil Walker addressed the City
Council regarding Maintenance District No. 5. At
that time, the City Council asked staff to review
the comments of Mr. Walker, and discuss his recom-
mendations with the Urban Development Committee.
StaI! was able to answer Mr. Walker's questions to
his satisfaction, and sent him a letter on June 11,
1987, providing him a summary of the budgetary
information he had requested. This inIormatlon was
acceptable to Mr. Walker.
Mr. Walker was, however, also interested in ensuring
that the public input process would be developed for
the maintenance districts. Start has indicated to Mr.
Walker that such a process will be developed.
Accordingly, it is recommended that the Council
accept this report and direct star! to ensure that
a sufficient public input process IS developed for
maintenance districts next year.
Upon a motion by Councilmember Smith, Urban Development
Committee Report No. 18-87 was accepted and recommendations imple-
mented.
Councilmember Ratty, Chairman of the Urban Development
Committee, read Urban Development Committee Report No. 29-87 re-
gard~ng request to place outdoor advertising signs on City pro-
perty as Iollows:
The City Council referred a proposal froin Martin
Communication Company to install three doublefaced
outdoor advertising signs on City property adjacent
to Highway 58, east of Mt. Vernon Avenue.
This Committee has met with the sign company and
star[ concerning the proposal. ~fter consideration
o~ the neighboring land uses; and the property
zoning, we recommend approval of the proposal.
Accordingly, we recommend that staff prepare a con-
tract with Martin Communications Company for City
Council approval.
Upon a motion by Councilmember Ratty, Urban Development
Committee Report No. 2U-87 was accepted and recommendations imple-
mented.
Councilmember Childs, Chairman oI the Budget and Finance
Committee, read Budget and Finance Committee Report No. 26-87 re-
gardlng analysis of investment ot Clty's funds as follows:
On July 15, 1987, the Budget and Finance Committee
reviewed an analysis of the Clty's investment func-
tion performed by the Big 8 Accounting Firm ot
Price-Waterhouse. After an analysis of the entire
investment process and reviewing a sample oI the
City's investments, the Ilrm issued an opinion
stating that the City has a very professional and
safe cash management program.
Bakersfield, California, July 29, 1987 - Page 6
119
The Budget and Finance Committee recommends that
this investment report be received and filed, and
that staff responses to the recommendations and
observations included in the report be implemented.
Upon a
Committee Report
mented.
motion by Councilmember Childs, BuGget and Finance
No. 26-87 was accepted and recommendations imple-
Councilmember Childs, Chairman of the Budget and Finance
Committee, read Budget and Finance Committee Report No. 27-87 re-
garding Management and Internal Accounting Control Recommendations
as follows:
The Budget and Finance Committee met on July 15,
1987, and reviewed the Management and Interaa[
Accounting Control recommendations prepared by
Price-Waterhouse.
As part of the City's audit process, the independ-
ent audit firm provides the Council with a manage-
ment and internal control letter which serves as
the auditor's recommendations for improving opera-
tions or controls. These recommendations are
formed by their observations during the audit enga-
gement. The recommendations were based on observa-
tions during the fiscal year 1985-86 Audit. The
study and evaluation dlscloseO no condition that
they believed to Be a material weakness.
Subsequent to receiving Price-Waterhouse's recom-
mendations, staff has implemented most of them and
are studying the remainder.
Therefore, it is recommended that staff's comments
to the Management anO Internal Control Letter
transmitted to Council in a memorandum dated June
5, 1987, be accepted, and that Price-Waterhouse's
letter be received and placed on file.
Committee
mented.
Upon a
Report
motion by Councilmember Childs, Budget and Finance
No. 27-87 was accepted and recommendations imple-
Councilmember Dickerson, Chairman of the Legislative
Committee, read Legislative Committee Report No. 6-87 concerning
Closed Sessions under the Attorney-Client Privilege as follows:
The Ralph M. Brown Act requires, with certain ex-
ceptions, that all meetings of legislative bodies
of local agencies be "open and public." Closed ses-
sions can be held for the following matters: per-
sonnel, national and public security reasons, labor
relations, license application by rehabilitated
criminals, real property negotiations, and pending
litigation. These reasons, under the Brown Act,
are statutory. There is one other reason for which
a closed session can be held and that is the
attorney-client privilege. This is allowed based
on the rules of the Court.
Senate Bill 200 is concerned with the latter, the
attorney-client privilege. The purpose of this
bill is to clarify that "pending litigation" is the
exclusive attorney-client privilege that local and
state bodies may invoke to go into closed session.
This bill would place limits on the ability of gov-
ernmental bodies to invoke the attorney-client pri-
vilege and subsequently hold closed meetings.
120
Bakersfield, California, July 29, 1987 - Page 7
The City Attorney has recommended that the Commit-
tee oppose the bill. The League of California
Cities has taken a neutral position on the bill
and, according to the Senate Legislative secretary,
no cities have supported or opposeO the bill. This
Committee also shareO Oltrerent views concerning
this bill.
Therefore,
returned to
action.
it was recommended that the bill be
the City Council for discussion and
Committee
mented.
Upon a motion by Councilmember Dickerson, Legislative
Report No. 6-87 was accepted and recommendations lmple-
Councilmember Childs clariIleO his vote, stating the
reason he supporteO the Legislative Committee Report No. 6-87 was
because the Legislative Committee was dlvldeo on their feelings on
this issue and therelore felt the report should be brought before
the Councilmembers for full discussion.
Councilmember Salvaggio made a motion that the City of
Bakersfield go on record in support of Senate Bill 200.
Councilmember Ratty made a substitute motion not to sup-
port Senate Bill 200.
Upon an amended, substitute motion by Councilmember
Rally, the Council approved a neutral position on Senate Bill
by the following vote:
2UU
Ayes:
Noes:
Absent:
Councilmembers Childs, Smith, Ratty, Moore,
Councilmembers Christensen, Bickerson, Salvagglo
None
Councilmember Dickerson clarified his vote, stating the
reason for voting "no" is that he feels the City should take a
leadership position in being one oI the first cities in the State
to keep the government operating in the most open form ot govern-
ment possible.
Councilmember Salvaggio clarified his vote, stating he
could not support the motion to lake a neutral stance on SB 200.
He feels this bill balances the competing needs oI local and State
government and the rights oI the people, is a fair compromise be-
tween the need ot government for candid legal advice about pending
litigation and the right ot citizens to witness their government
in action. He also could not support the substitute motion be-
cause ol the intent of the Brown Act which speaks of not yielding
the people's sovereignty to the agencies which serve them.
Councilmember Moore clarified his vote, stating that
vote is in no way an attempt to restrict informational access
the people. He feels that while it is Councll's obligation to
give people access to Information, it is also an obligation to
protect the public.
his
from
Councilmember Salvaggio read Legislative Committee Re-
port No. 7-87 regarding Assembly Bill 2191 concerning the election
of School Board Trustees by Trustee Area as follows:
This bill would create a law requiring cities with
populations of 25,000 or more to hold an election
to decide whether school board district lnembers
would be elected by district rather than at large.
The Dill, which has been amenOed several times,
currently would aireel school districts Wlth aver-
age daily attendances ot 1,000 or more.
Bakersfield, California, July 29, 1987 - Page 8
I '£ !
The League is opposed to this bill as it was
opposed to Assembly Bill 2190, a similar bill pro-
posing that cities be required to have Council
elections by district. No cities have supported
it. The Downey Unified School District has come
out in support of it.
The impact of this bill is upon school boards and
not City governments. Therefore, the Committee
recommends that no action be taken concerning this
bill.
Upon a motion by Councilmember Salvaggio, Legislative
Committee Report No. 7-87 was accepted.
Upon a motion by Councilmember Childs, recommendations
of Leg~slatlve Committee Report No. 7-87 were implemented.
Councilmember Dickerson, Chairman of the Legislative
Committee, read Legislative Committee Report No. 8-87 regarding
Senate Bill 1659 concerning the purging of Voter Registration
Rolls as follows:
This bill would require the Secretary of State to
adopt spec~I~c regulations for groups that register
voters, purging of the voter registration file, and
absentee ballot procedures. The purpose of the
bill is to purge the so-called "deadwood" from the
voter registratlon rolls.
The League of California Cities is neutral on the
bill, and the bill has failed to pass the Senate
Joint Rules Committee. According to Senator
Seymour's start, the bill was red~rected to the
Senate Elect~ons Committee, where it also failed
passage.
The bill is essentially dead,
recommended that no action be
bill.
and the CommIttee
taken concerning this
Committee
Upon a
Report
motion by Councilmember Dickerson,
No. 8-87 was accepted.
CONSENT CALENDAR
Legislative
The following items were listed on the Consent Calendar:
Approval of Warrant Nos. 9927 to 10272 inclu-
sive. in the amount of $322.225.00 and Warrant
Nos. 1 to 196 inclusive, in the amount of
$2,084,881.41.
Communication from Steohen L. Wright. City
Manager. Citv of Taft. 209 E. Kern Street.
dated July 2. 1987. reouesting suDDort for the
location of a Federal minimum/medium security
orison on the west side of Kern County. (RE-
CEIVE AND REFER TO URBAN DEVEI.OPMENT COMMITTEE
Communication from R. O. Price. Chief of
P-lice. dated July 10. 1987. regardins
Grand Jury audit of Police Deoartment's
citizen eomalaintoroeedure.
Bakersfield, California, July 29, 1987 Page 9
Communication from the Downtown Business
Association, 1401 19th Street, No. 101,
dated July 21, 1987, nominating Fred
McKenna as DBA representative on the
Board of Directors of the Greater Bakers-
field Convention and Visitor's Bureau.
(RECEIVE AND REFER TO CITY MANAGER)
Communication from Kenneth W. Kind, Attorney
at Law, 1715 Chester Avenue, Suite 309, dated
July 13, 1987, regarding down-zone of Tenta-
tive Tract 4871 to provide a buffer zone for
the landfill off of China Grade Loop. (RE-
CEIVE AND REFER TO CITY ATTORNEY'S OFFICE)
Communication from James T. Rowland, 3048
Panama Lane, OateO July 1, 1987, requesting
to close Fortune Street to allow parking for
shopping center located on the northeast
corner of Panama Lane and W~ble Road· (RE-
CEIVE AND REFER TO PLANNING COMMISSION)
Communication from Graceco, 2660 Oswell
Street, dated July 7, 1987, requesting a
General Plan Amendment for property current-
ly zoneO MeOium Density Resident~al at the
northwest corner ot Oswell anO Bernard to
Commercial designation. (RECEIVE AND REFER
TO PLANNING COMMISSION FOR STUDY AND RECOM-
MENDATION)
Communication from Martin-Mcintosh, 4130
Ardmore Avenue, Suite 201, dated July
12, 1987, regarding City Policy ol Sewer
Service to Unincorporated areas within
the Sphere of Influence.
Communication from Milazzo & Associates,
3300 Truxtun Avenue, Suite 300, dated
July 21, 1987, dedicating adOltlonal
right ot way to accommodate a proposed
meanOering s~dewalk along Truxtun Avenue
near Truxtun Plaza West·
(RECEIVE AND REFER TO PUBLIC WORKS DEPARTMENI')
Claim for Damages and
the following:
Vera A. Stalker, 2712
Personal Injuries
University Avenue;
from
Joe G. Torrez, 513 Austin Street;
Jere P. Romanowtch for Samantha Sievers, 1217
"L" Street; anO
Henry G. Aleman, 2401 S. "M" Street, Apt. #15.
(REFER TO CITY ATTORNEY)
Notices of Completion and Acceptance o! Work
for the Iollow~ng projects:
Union Avenue Overcrossing Between 21st
Street anO Route 178 (except lanOscaping),
Contract No. 85-250, was completeO on
July 10, 1987.
Bakersfield. California. July 29. 1987. Page 10
Storm Drain on E1 Sereno Drive between
Belle Terrace and T~nslev. and Belle
Terrace between E1 Sereno Drive and
Chester Avenue. C-ntract No. 87-114.
was completed on Julv 13. 1987.
3. Deleted.
Construction of Effluent Storage Reser-
voirs for Wastewater Treatment Plant No.
3. C-ntract No. 86-189. was completed
on July 20. 1987.
Tract N~- 4895. located at or near Panama
Lane and South "H" Street. City Contract
No. 86-233. was completed on June 25. 1987.
Application for Encroachment Permit from the
following:
Mrs. Huguette Bardv. 2515 "F" Street. The
applicant is requesting aDDroval to in-
stall a 16 ft. lone canvas awning with 8
ft. clearance extendin~ 3 ft. into the
right of way (from face of the building.
K. C. Steak House) at 2515 "F" Street.
ReQuest from Tenneco Realtv Development to
extend Improvement Agreement No. 84-146 for
Tract 4717 to July 18. 1988 and Improvement
Agreement No. 84-169 for Tract 4705 to
August 15. 1988.
Upon a motion bv C-unci]member Childs. Items a. b. c. d.
e. f. g. h. i. i and k. with the exception of Item i. 3.. which
was deleted. and amending recommendation on Item c. 1 and 2 to re-
fer to Manager. were adopted by the following vote:
Aves: Councilmembers Childs. Christensen.
Dickerson. Salvag~io
Noes: None
Absent: None
Smith.
Rattv. Moore.
UDOn a motion bv C-unci]member Moore. communication from
the State of California Youth and Adult Correction Agency. Devart-
ment of C-rrections. Parole and Community Services Division_ dated
July 21. 1987. regarding establishment of a C-mmunitv Correctional
Center located south of the intersection of Golden State Avenue and
24th Street. was referred to staff for review and recommendation.
Uvon a motion bv C-unci]member Moore. communication from
Kern Citv Civic Association requesting Kern City be re-zoned as an
adult communitv was referred to staff and City Attorney for review
and assistance to residents of Kern City.
Councilmember Childs submitted communication from the
State of California Department of Corrections. Parole and C-mmunit¥
Services Division. regarding establishment of a C-mmunitv Correct-
ional Center in Bakersfield.
Councilmember Moore made a motion to move the Closed
Session pursuant to Government C-de Section 54956.9(a) regarding
Terry l.. Moreland vs. City of Bakersfield forward on the Agenda.
T' is motion failed.
UDOn a motion bv C-uncilmember Dickerson. New Business
Item regarding a Resolution of the Council of the Citv of Bakers-
field ordering change and modification No· 2 to Assessment District
No. 82-1 (Stockdale Trunkline Sewer) was moved forward on the
Agenda.
Bakersfield, California, July 29, 1987 - Page 11
NEW BUSINESS
Resolution No. 139-87 of the Council of
the City of Bakersfield ordering Change
and Modification No. 2 to Assessment
Diagram and Assessment Roll of Assess-
ment District 82-1. (Stockdale Trunk-
line Sewer)
Upon a motion by Councilmember SalYaggio, Resolution No.
139-87 of the Council o! the City of Bakersfield was adopted by
the lollowing vote:
Ayes: Councilmembers Childs, Christensen,
Dickerson, Salvaggio
Noes: None
Absent: None
Smith,
Ratty, Moore,
(New Business is continued on Page 12.)
A motion by Councilmember Moore to move forward on the
Agenda the Closed Session pursuant to Government Code Sect]on
54956.9(a) regarding Terry L. Moreland rs. City o! Bakersfield
forward on the Agenda was approved.
Councilmember Childs made a mot]on to consider the eval-
uation ot the City Attorney an item that arose alter the Agenda
was prepared.
Mayor Payne restated Councilmember Childs' mot]on, to
consider the evaluation ot the City Attorney an item t~at arose
alter the Agenda was prepared and place it on the Agenda as a
Workshop item at 5:15 p.m., August 12, 1987. This mot]on was
approved Dy the following vote:
Ayes: Councilmembers
Noes: None
Abstain: Councilmembers
Absent: None
Childs, Smith, Ratty, Moore,
Christensen, Dickerson
Salvaggio
Upon a motion by Councilmember Childs, the evaluation of
the City Attorney will De placed on the Agenda for a Council Wor~-
shop to be held at 5:15 p.m. on August 12, 1987.
CLOSED SESSION
Upon a motion by Councilmember Moore, the Council re-
cessed to Closed Session pursuant to Government Code Section
54956.9(a) regarding Terry L. Moreland rs. City of Bakersfield at
9:32 p.m.
The meeting reconvened from Closed Session at 11:48 p.m.
ACTION ON BIDS
Upon a motion by Councilmember Smith, Base Bid, Alter-
nate "A" and Alternate "B" from Griffith Company in the amount of
$81,049.00 tor construction of Fairfax Road, Phase If, from Pala-
d]no Drive to Alfred Harrell Highway was accepted, all other bids
rejected and the Mayor authorized to execute the Contract.
Upon a motion by Councilmember Christensen, low Did from
Griffith Company in the amount oi' $12,800.0U for w~dening the Cor-
poration Yard Entrance, Phase I, was accepted, all other bids re-
jected and the Mayor authorized to execute the Contract.
Bakersfield. California~ July 29. 1987 Page 12
DEFERRED BUSINESS
Ordinance No. 3108 New Series of the
Council of the City of Bakersfield amend-
ing Sections 16.20.060 and 16.22.030B. of
the Bakersfield Municipal C-de Relating
to Certificates ReQuired with Final Maps.
This Ordinance was given first reading at the meeting of
July 15. 1987.
Upon a motion by C-unciImember Salvaggio. Ordinance No.
3108 New Series of the C~uncil of the City of Bakersfield was
adopted bv the following vote:
Ayes: Counc
Noes: None
Absent: None
Jimembers Childs. Christensen.
Dickerson. Salvaggio
Smith. Ratty. Moore.
Ordinance No. 3109 New Series of the
Council of the City of Bakersfield amend-
ing Title Seventeen of the Bakersfield
Municipal C-de bv changing the Land Use
Zoning of those certain properties in the
Citv of Bakersfield located on the south-
east corner of State Highway 178 and
Miramonte Drive.
This Ordinance was given first reading at the meeting of
July 15. 1987.
Upon a motion bv Councilmember Childs. Ordinance No.
3109 New Series of the Council of the City of Bakersfield was
adopted by the following vote:
Ayes: Counc
Noes: None
Absent: N-ne
ilmembers Childs. Christensen.
Dickerson. Salvaggio
Smith.
Rattv. Moore.
NEW BUSINESS
Resolution No. 141)-87 of the Council of
the City of Bakersfield providing for the
adjustment of property tax revenues upon
local agency jurisdictional change re-
suiting from Annexation No. 313. LAFCO
Proceeding No. 939. (Berkshire No. 1).
Upon a motion by C~uncilmember Salvaggio. Resolution No.
140-87 of the Council of the Citv of Bakersfield was adopted by
the following vote:
Ayes: Councilmembers Childs. Christensen.
Dickerson. Salvaggio
Noes: None
Absent: None
Smith.
Ratty. Moore.
!26
Bakersfield, California, July 29, 1987 - Page 13
Resolution No. 141-87 of the Council of
the City of Bakersfield providing for the
adjustment of property tax revenues upon
local agency jurisdictional change re-
suiting from Annexation No. 314, LAFC~
Proceeding No. 940, (Olive Drive No. 1).
Upon a motion By Councilmember
No. 141-87 of the Council of the City of
by the following vote:
Christensen, Resolution
Bakersfield was aOopteO
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen,
Dickerson, Salvagglo
None
None
Smith,
Resolution of Intent,ion No. lU3U of the
Council oI tBe City oi Bakersfield de-
claring its intention to establish
Marntenance District No. 18.
Ratty, Moore,
Upon a motion by Councilmember
of Intention No. lU3U oI the Council of
was adopted By the ~ollowlng vote:
Christensen, Resolution
the City oI Bakersfield
Ayes: Councilmembers Childs, Smith, Ratty, Moore,
Noes: Councilmembers Christensen, Salvaggio
Absent: None
Dickerson,
Resolution No. 142-87 of the Council of
the C~ty of Bakersfield prellmlnarlly
adopting, confirming and approving Public
Works Manager's Report; appointing time
and place for hearing protests to the
propose0 District, the Boundaries
thereof, the fairness of the benetlt
formula, the amount ot assessment to be
levleO against each parcel and tBe reser-
vation oI right to perform work By City
forces. (Resolution of Intention No.
1030, Maintenance District No. 18)
Upon a motion By Councilmember Childs, Resolution No.
142-87 of the Council of the City of Bakersfield was adopted by
the following vote:
Ayes: Councl
Noes: Counci
Absent: None
lmemOers ChllOs, Smith, Ratty, Moore,
lmemgers Christensen, Salvagglo
Dickerson,
Resolution No. 14:1-87 of the Council of
the City of Bakerslield revising dates of
Regular Council Meetings and Workshops
heretofore set for the Months of August,
September, October, November, December,
1987 and January 1988.
Upon a motion By Councilmember Moore, Resolution No.
143-87 of the Council of the City ot Bakerslleld was a0opted by
the following vote:
Ayes: Councilmembers Childs, Christensen,
Dickerson, Salvaggio
Noes: None
Absent: None
Smith,
Ratty, Moore,
Bakersfield. California. July 29. 1987 Page 14
i,£7
Agreement with Book Publishin~ Company
for Supplement Service for the Citv's
Municipal COde Book.
Upon a motion by ~uncilmember Christensen. an Agreement
with Book Publishing Company for Supplement Service for the City's
Municipal C-de Book was aDDroved and the Mayor authorized to exe-
cute the Agreement.
One Vacancy on the Historic Preservation
Commission. due to the resignation of
Anthony Cueto. expires March 30. 1988.
(Ward 6)
Upon a motion by C-uncilmember Dickerson. Cherlanne L.
Farley. 1315 Capricorn C-urt. was appointed to the Historic
Preservation C-mmission. term expiring March 30. 1988.
Resolution No. 144-87 of the Council of
the City of Bakersfield determining that
certain equipment can be reasonably ob-
tained onlv through one source and author-
izing the Finance Director to dispense
with bidding.
Upon a motion by Councilmember Childs. Resolution No.
144-87 of the Council of the City of Bakersfield was adooted bv
the following vote:
Aves: C-uncilmembers Childs. Christensen.
Dickerson. Salvag~io
Noes: None
Absent: None
Smith.
Ratty. Moore.
ADJOURNMENT
There being no further business to come before the Coun-
cil. upon a motion by Councilmember Childs. the meeting adiourned
at 11:55 p.m.
ATTEST:
MAYOR of the City of Balersfield. Calif.'
CITY CLERK and Ex Officio Clerk of the Council
OF THE City of Bakersfield, Ca]fiornia
df