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HomeMy WebLinkAbout09/11/1991 MINUTES CCBakersfield, California, September 11, 1991 Minutes of the Workshop of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 5:15 p.m., September 11, 1991. Present: Absent: The meeting was called to order by Mayor Medders. Councilmembers None Edwards, DeMond, Smith, Brunni, (seated at 5:17), Peterson, McDermott, Salvaggio (seated at 5:25) WORKSHOP City Council Agenda and Minutes Preparation. City Manager Hawley stated that the purpose of this Workshop was to take another look at the Agenda and Minutes to determine if additional changes can be made to streamline the Council meetings. He introduced City Clerk Williams, who gave a brief presentation regarding the preparation of Action Minutes, which is basically a simplified system of keeping the record. City Clerk Williams advised that the major changes would be eliminating Council's remarks made for the record and clarification of votes. She stated that the tapes could be retained either permanently or for six years. It will be necessary to amend Section 2.04 of the Municipal Code if the action style is approved. Councilmember McDermott suggested that the tapes be kept permanently if Action Minutes are used. City Attorney Lunardini gave a presentation regarding Agenda preparation and suggested changes with respect to the following: Ordinances that are currently put on the Agenda under New Business for First Reading could be placed under a separate heading "Pass for Publication", and acted on simultaneously similar to the Consent Calendar. Councilmember DeMond suggested staff come back with a procedure to handle ordinances in the manner suggested. In an effort to get more bids on the Consent Calendar, all bids between $20,000 and $50,000 could be placed on the Consent Calendar. Councilmember McDermott suggested the figures be changed to between $20,000 and $40,000. Bakersfield, California, September 11, 1991 - Page 2 The wording for the amendments to the Zoning Code regarding zoning map changes could be shortened. Additionally, with regard to annexations to a new ward, the ordinance would state that the boundaries of a specific ward are amended to include the property within the specific annexation and a legal description of the annexation, rather than the legal description of the ward itself. Councilmember DeMond suggested staff look into the procedures to implement both of those changes. 4 o The items appearing on the Agenda as Deferred Business could be summarized when read by the Clerk, and staff will come back with a policy that Council could vote on so the Clerk would then have that as a manual. Councilmember DeMond suggested staff prepare guidelines for the Clerk to use for this purpose. 5o Changes of a substantive nature to ordinances can be made between the first and second reading as long as they relate directly and absolutely to the first reading. Councilmember Peterson stated he felt it was a good suggestion. City Attorney Lunardini suggested that Council look at the possibility, at some point in the future, of doing away with first reading and pass ordinances immediately. Councilmembers McDermott, Salvaggio and DeMond expressed their interest in retaining first reading. Agendas will be printed one-sided for Councilmembers only; all others will receive two-sided Agendas. Councilmember McDermott requested, with regard to Committee Reports, that the motion to accept the report and to implement the recommendations be made as one motion. Bakersfield, California, September 11, 1991 - Page 3 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned at 5:50 p.m. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA ndw 186 Bakersfield, California, September 11, 1991 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., September 11, 1991. The meeting was called to order by Mayor Medders, followed by the Invocation by Chaplain Ed Meissner, First Assembly of God Church, and the Pledge of Allegiance. City Clerk Williams called the roll as follows: Present: Councilmembers Edwards, DeMond, Smith, Brunni (seated at 7:15), Peterson, McDermott, Salvaggio (seated at 7:15) Absent: None PRESENTATION Mayor Medders presented a check to George Gonzales, Community Development Coordination, in the amount of $3,000, from Shell Oil Company Foundation for the Bakersfield Homeless Center Building Fund. Calendar: CONSENT CALENDAR The following items were listed on the Consent Approval of Voucher Nos. 949 to 1406, inclusive, in the amount of $4,304,530.55, and Self Insurance Voucher Nos. 164 to 266, inclusive, in the amount of $53,008.17. Minutes of the Regular Meeting of August 28, 1991, for approval. Communication: Communication from Chuck Ruth, Mt. Vernon Express Lube, 3701 Mt. Vernon Avenue, dated August 20, 1991, requesting to purchase planting area adjacent to his property. (RECEIVE AND REFER TO PUBLIC WORKS DEPARTMENT) 2 o Communication from Monty H. Hopper, Director, Weights & Measures/Fair Housing, 1102 South Robinson Street, dated August 27, 1991, submitting the 1990-91 Fair Housing Advisory Committee Annual Report. (RECEIVE AND PLACE ON FILE) REMOVED FOR SEPARATE CONSIDERATION. Street Right of Way Deed No. 3382 from Castle & Cooke Development Corporation for public streets crossing the Buena Vista Canal at Ming Avenue, Camino Media, White Oak Drive and Ridge Oak Drive. Bakersfield, California, September 11, 1991 - Page 2 e. Maps and Improvement Agreements: Final Map and Improvement Agreement Nos. 91-194 and 91-195 with American West Lands Company for Tract 5488, Units A and B, consisting of 28 lots on 9.645 acres located north of Brimhall Road, approximately 660' east of Calloway Drive. Final Map and Improvement Agreement No. 91-196 with EPCO for Tract 5107, Unit B consisting of 41 lots on 9.32 acres located south of Panama Lane and east of South "H" Street. Notices of Completion and acceptance of work for the following: Contract Nos. 89-60 and 90-67 with Stockdale South for Tract No. 4902, Unit G, located south of Harris Road and east of Wilderness Drive, completed August 30, 1991. Contract No. 91-62 with Castle & Cooke Development Corporation for Tract No. 5100, located at the southeast corner of White Oak Drive and Old River Road, completed August 23, 1991. Contract No. 91-64 with Castle & Cooke Silvercreek, Inc., for Tract No. 5176, located at the northeast corner of Harris Road and Wilderness Drive, completed August 23, 1991. Contract No. 91-52 with Fruitvale Properties for Tract No. 5130, Phase 2, located at the northeast corner of Hageman Road and Coffee Road, completed September 3, 1991. Agreement No. 91-197 with Karpe Real Estate Center for engineering services rendered. (Assessment District No. 90-1 Jewetta Trunk Sewer/Relocation of Calloway Canal). (Ward 6) Grantee Performance Report (GPR) for Community Development Block Grant (CDBG) Program FY 1990-91. Upon a motion by Councilmember DeMond, Items a, b, c, d, e, f, g, and h, with the removal of Item c.3., of the Consent Calendar were adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Peterson, McDermott None None Councilmembers Brunni, Salvaggio Bakersfield, california, September 11, 1991 - Page 3 Co3. Communication from Ronald E. Brummett, Interim Executive Director, Kern Council of Governments, 1401 19th Street, Suite 200, dated August 21, 1991, regarding Congestion Management Program. (RECEIVE AND REFER TO PLANNING COMMISSION) Upon a motion by Councilmember Peterson, the communication from Ronald E. Brummett, Interim Executive Director, Kern Council of Governments, 1401 19th Street, Suite 200, dated August 21, 1991, regarding Congestion Management Program was referred to the Planning Commission by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Peterson, McDermott None None Councilmembers Brunni, Salvaggio Noes: Abstain: Absent: City Manager Hawley announced that the Item under Closed Session was pulled and no action was taken. HEARINGS Appeal hearing of the Planning commission approval on Haley No. i Annexation, Zoning Upon Annexation No. 5175. (Wards 2 and 3) This hearing has been duly advertised, posted and property owners notified as required by law. Communication has been received from Father Ralph Belluomini, Bakersfield Catholic Social Services, 310 Baker Street, dated September 5, 1991; E. P. Morin, 1129 Height Street, and Adeline P. Munoz, 1302 Water Street, dated August 1, 1991, in opposition to the proposed Haley No. 1 Annexation. Mayor Medders declared the hearing open for public participation. The following individuals spoke in opposition to the staff recommendation: Mr. Nestor Verdin, owner of La Perla Market and Liquors, 2227 Robinson Street; Mr. John Gonzales; An unidentified gentleman; Mr. Frank Espinoza; Mr. George Mojica; and Mr. Morin. No further protest or objections being received, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Councilmember DeMond made a motion to uphold the decision of the Planning Commission. Councilmember McDermott suggested as a friendly amendment that this issue be referred to the Board of Zoning Adjustment to obtain a Conditional Use Permit for Mr. Verdin's property. 159 Bakersfield, California, September 11, 1991 - Page 4 Upon a motion by Councilmember DeMond, the decision of the Planning Commission was upheld, with the friendly amendment by Councilmember McDermott to refer Mr. Verdin's property to the Board of Zoning Adjustment for the purpose of obtaining a Conditional Use Permit, by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Councilmember McDermott requested that someone from the Planning Department meet with Mr. Verdin to explain what happens now with regard to the process. Appeal hearing of the Planning Commission condition of approval #5, Page 5 on Tentative Tract 5271, (Ward 4) This hearing has been duly advertised, posted and property owners notified as required by law. Mayor Medders declared the hearing open for public participation. Ms. Teri Bjorn, Attorney with Clifford, Jenkins and Brown, 1430 Truxtun Avenue, representing Adavco, Inc., the applicant on this project, spoke in opposition to the staff recommendation. She stated the applicant's request this evening is to ask for a 6-foot chain-link fence along the western boundary adjacent to the canal, and go back to what originally had been approved along the southern boundary, which was landscape buffering in lieu of newly-added condition of a wooden fence. Mr. Mel Atkinson, representing the ownership of 801 Deseret Way, spoke in favor of the staff recommendation. Ms. Teri Bjorn spoke in rebuttal in opposition to the staff recommendation. No further protest or objections being received and no one else wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Planning Director Hardisty responded to questions from Councilmember Brunni. Upon a motion by Councilmember Brunni, the decision of the Planning Commission was upheld by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Smith, Brunni, McDermott, Salvaggio None None Councilmember Edwards Peterson, Protest hearing for the Mt. Vernon No. 5 Annexation to the City of Bakersfield. (Ward l) This hearing has been duly advertised, posted and property owners notified as required by law. Mayor Medders declared the hearing open for public participation. No protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Bakersfield, California, September 11, 1991 - Page 5 Adoption of Resolution No. 182-91 making findings that no written protest has been filed and ordering the territory designated as Proceeding No. 1069, Annexation No. 348, Mt. Vernon No. 5, annexed to the City of Bakersfield (Ward 1). Upon a motion by Councilmember DeMond, Resolution No. 182-91 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None Councilmember Edwards Hearing for the purpose of receiving input that identifies "unmet public transportation needs which could be reasonably met" within the City of Bakersfield. This hearing has been duly advertised and posted as required by law. Mayor Medders declared the hearing open for public participation. Mr. Ted Olson, 2000 Benton Street, and Mr. Roger Ivie spoke regarding Golden Empire Transit, and expressed their dissatisfaction with the current transit system and its management. No one else wishing to speak, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilmember McDermott, Mr. Chester Moland, Operations Manager for Golden Empire Transit, was recognized, and responded to the earlier comments made by Mr. Ivie and Mr. Olson. Adoption of Resolution No. 183-91 finding there are no unmet public transportation needs which could be reasonably met. Upon a motion by Councilmember Salvaggio, Resolution No. 183-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 184-91 authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act Funds for Fiscal Year 1991-92. Upon a motion by Councilmember Salvaggio, Resolution No. 184-91 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Bakersfield, California, September 11, 1991 - Page 6 Councilmember DeMond expressed her frustration regarding the "unmet needs" issue, and asked staff to assist her so that next year when this occasion comes up, that Council can deal with it better. REPORTS Councilmember Peterson, Chairperson of the Urban Development Committee, read Report No. 6-91 regarding Repeal of Municipal Code Section 17.08.260 and Addition of Municipal Code Chapter 5.51 relating to Temporary Promotional Activities, as follows: On August 22, 1991, the Urban Development Committee met and considered enactment of a Temporary and Promotional Ordinance. Temporary and Promotional Activities, as defined in the Ordinance, are selling pumpkins or Christmas trees or offering small-scale entertainment, such as go-cart rides and mini carnivals in shopping center parking lots. The new chapter gives specific permit application requirements and uniform regulations for these types of businesses. The Chapter consolidates the regulation of temporary and promotional businesses. Specific guidelines were not provided in the section to be repealed. IT IS RECOMMENDED that the attached ordinance be adopted and it be considered for first reading with acceptance of this report. First Reading of Ordinance repealing Section 17.08.260 and adding Chapter 5.51 to the Bakersfield Municipal Code relating to Temporary Promotional Activities. Upon a motion by Councilmember Peterson, Urban Development Committee Report No. 6-91 was accepted, and the Ordinance was given First Reading. ACTION ON BIDS Computer Equipment for various departments. Upon a motion by Councilmember DeMond the low bids from Carney's (22 items, $40,988.81); Computerland (3 items, $9,415.48); and Computers and Concepts (7 items, $8,100.59) were accepted. Approval of Contract No. 91-198 with Karleskint-Crum, Inc., for landscape irrigation system for a portion of the Kern River Parkway between Mohawk Street & Commercial Way. (Ward 5) Upon a motion by Councilmember Peterson, the low bid from Karleskint-Crum, Inc., in the amount of $11,618.00 was accepted, and the Mayor was authorized to execute the Contract. Bakersfield, California, September 11, 1991 - Page 7 DEFERRED BUSINESS Adoption of zoning Resolution No. 396 overturning the Planning commission's approval of Zoning Upon Annexation No. 5131 located northeast of Jewetta Avenue and Brimhall Road (Brimhall No. i Annexation, Ward 4). following 1991. This Resolution sets forth the decision of the Council the public hearing on the matter held on August 14, Upon a motion by Councilmember Brunni, Zoning Resolution No. 396 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Ordinance No. 3400 amending Title Seventeen of the Bakersfield Municipal Code and City Zoning Map 101-13, by prezoning property at the northwest corner of Jewetta Avenue and Noriega Road known as Noriega No. i Annexation (Ward 4). This Ordinance was given first reading at the meeting of August 28, 1991. Upon a motion by Councilmember Brunni, Ordinance No. 3400 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Ordinance No. 3401 amending Title Seventeen of the Bakersfield Municipal Code and City Zoning Map No. 123-02 by prezoning property located south of Belle Terrace, west of stine Road known as Stine NO. 8 Annexation (Ward 5). This Ordinance was given first reading at the meeting of August 28, 1991. Upon a motion by Councilmember Peterson, Ordinance No. 3401 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Bakersfield, California, September 11, 1991 - Page 8 NEW BUSINESS First Reading of an Ordinance amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Bakersfield Municipal Code and city Zoning Map NO. 102-30 by prezonlng property located east of Jewetta Avenue 300 feet north of Brimhall Road known as Brimhall No. 1 Annexation (Ward 4). The City Council, on August 14, 1991, approved in part, the appeal by adding approximately 1.56 acres to the General Commercial and Suburban Residential for 10,000 square foot lots. First Reading of an Ordinance amending Subsection A of Section 17.64.070 and repealing Subsection C of Section 17.64.070 of the Bakersfield Municipal Code relating to modifications. The proposed Ordinance amendments will eliminate the 35-day decision-making period of the Board of Zoning Adjustment (BZA) and the requirement that a written notice of decision be mailed. They also require a decision be made at the conclusion of the public hearing. These changes will confirm the current practice of the BZA and will bring about consistency of procedure of the BZA with the Planning Commission and City Council. Adoption of Resolution of Intention NO. 1085 calling a public hearing to amend the boundaries of an existing underground utility district within designated area, Underground Utility District No. 2, Division 18 (East White Lane, from 230' east of centerline Madison Street to 930' west of centerline Madison Street) (Ward 1). This Resolution sets the public hearing before the Council for the meeting of October 2, 1991. Upon a motion by Councilmember Edwards, Resolution of Intention No. 1085 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution of Application No. 185-91 proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 357, Reina No. Annexation (Ward 4). Upon a motion by Councilmember Brunni, Resolution No. 185-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None !,94 Bakersfield, California, September 11, 1991 - Page 9 Adoption of Resolution of Appllcation No. 186-91 proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 358, Meatham No. I Annexation (Ward 4). Upon a motion by Councilmember Brunni, Resolution No. 186-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 187-91 specifying that, unless excluded by Council, all portions of the proposed Renfro No. 2 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District (Ward 4). This Resolution initiates proceedings to include Renfro No. 2 within the Greater Bakersfield Separation of Grade District and sets Wednesday, October 23, 1991, as the date for protest hearing on the matter. Upon a motion by Councilmember Brunni, Resolution No. 187-91 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Adoption of Resolution No. 188-91 setting the time and date for hearing a report of the Building Director concerning the demolition of dangerous buildings and hearing protests or objections thereto. This Resolution sets the public hearing for the Council meeting of October 23, 1991. Upon a motion by Councilmember Edwards, Resolution No. 188-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Bakersfield, California, September 11, 1991 - Page 10 Adoption of Resolution No. 189-91 setting the time and date for hearing a report of the Building Director and protests or objections thereto concerning the abatement of a hazardous health nuisance at 1920 Clark. (Ward 7) This Resolution sets the public hearing for the Council meeting of October 2, 1991. Upon a motion by Councilmember Salvaggio, Resolution No. 189-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 190-91 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 parking purposes (northwest corner 15th and Eye Streets). This Resolution sets the public hearing for the Council meeting of October 2, 1991. Upon a motion by Councilmember DeMond, Resolution No. 190-91 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Adoption of Resolutlon No. 191-91 determining to undertake proceedings pursuant to Special Assessment and Assessment Bond Act for the construction and acquisition of improvements without proceedings under Division 4 of the Streets and Highways Code. (Assessment District No. 91-1, Hosking Trunk Sewer). Upon a motion by Councilmember McDermott, Resolution No. 191-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Certificate of Sufficiency of Petition, Assessment District No. 91-1 (Hosking Trunk Sewer, Wards 6 and 7). Upon a motion by Councilmember Salvaggio, the Certificate of Sufficiency was accepted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Bakersfield, California, September 11, 1991 - Page 11 Adoption of Resolution No. 192-91 appointing Engineer of Work and authorizing agreement for assessment engineering services for Assessment District No. 91-1 (Hosking Trunk Sewer). Approval of Independent Contractor's Agreement No. 91-199 with Wilson & Associates. Upon a motion by Councilmember McDermott, Resolution No. 192-91 was adopted, and the Mayor was authorized to execute the Agreement by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 193-91 approving agreement and appointing attorney for city of Bakersfield Assessment District NO. 91-1 (Hosking Trunk Sewer). Approval of Agreement No. 91-200 with Jackson, Hatgrove, Hillson & Emerich for legal services. Upon a motion by Councilmember Salvaggio, Resolution No. 193-91 was adopted, and the Mayor was authorized to execute the Agreement by the following roll call vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Referral of Resolution designating cities, agencies and organizations to be used in conducting comparison surveys of employees' compensation. City Clerk Williams announced a new page has been received to go in the Resolution, which had previously omitted the Convention Center, and was passed out to the Councilmembers. Upon a motion by Councilmember Edwards, Mr. Charles G. Waide, Assistant General Manager of the Kern County Public Employees Association, Service Employees' International Union, AFL-CIO-CLC, Local 700, was recognized. He expressed his concerns regarding the wage surveys being conducted and filed a letter with the Clerk, dated September 11, 1991, outlining those concerns. Mr. Waide requested that the agencies to be used for mid-management, professional and miscellaneous classes be referred back to the bargaining table for discussion and resolution of the concerns. Mayor Medders left at 9:00 p.m., and Vice-Mayor Peterson chaired the balance of the meeting. Councilmember Edwards made a motion to refer this item back to the Personnel Committee. Bakersfield, California, September 11, 1991 - Page 12 At the request of Councilmember Salvaggio, Fire Fighter Richard Watkins, who is head negotiator for the Fire Supervisors group, was recognized. He stated that if it is necessary to delay this item for a couple weeks in order to get the proper meet and confer process and let everybody have the input they need, there will not be any grievance filed by the Fire Supervisors group. Mr. Allan Crecelius, President of Reward Strategy Group, Inc., was recognized and responded to a question by Councilmember Brunni regarding cost of living adjustments. Councilmember Brunni called for the question. After much discussion, the motion by Councilmember Edwards to refer this item back to the Personnel Committee was approved by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Approval of Agreement No 91-201 with the County of Kern delineating responsibilities and funding for closure and postclosure maintenance of the Bakersfield Sanitary Landfill. Upon a motion by Councilmember Smith, Agreement No. 91-201 was approved, and the Mayor was authorized to execute the Agreement by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Approval of Agreement No. 91-202 with the Henderson Group to act as the city's health care consultant. Upon a motion by Councilmember Edwards, Agreement No. 91-202 was approved, and the Mayor was authorized to execute the Agreement by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Approval of Consultant's Agreement No. 91-203 with George Shamshoian to provide project engineering services for the relocation of the Calloway Canal, and appropriate $25,000 bond proceeds therefor. Upon a motion by Councilmember Brunni, Agreement No. 91-203 was approved, and the Mayor was authorized to execute the Agreement. Bakersfield, California, September 11, 1991 - Page 13 Approval of Agreement Nos. 91-204, 91-205, 91-206 and 91-207, Amendment No. 2 Final Application (FY 1988-89, FY 1989-90), Amendment No. 3 (FY 1990-91), and Amendment No. I (FY 1991-92) under the Community Development Block Grant Program, with the Department of Housing and Urban Development. Councilmember McDermott made a motion to approve the amendment to CDBG Applications. For the record, Councilmember Edwards stated he would be absent during the vote on this item. Upon a motion by Councilmember McDermott, Agreement Nos. 91-204, 91-205, 91-206 and 91-207 were approved by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Smith, Brunni, McDermott, Salvaggio None None Councilmember Edwards Peterson, Approval of Agreement No. 91-208, Amendment No. i to Agreement No. 91-31 between city of Bakersfield, County of Kern and the Arthritis Association of Kern County (AAKC). Upon a motion by Councilmember McDermott, Agreement No. 91-208 was approved, and the Mayor was authorized to execute the Agreement by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Approval of Agreement No. 91-209, Program Supplement NO. 47 to Local Agency-State Master Agreement No. 06-5109 with the State of California for resurfacing portions of University Avenue, So. Chester Avenue, California Avenue, New Stine Road, Ming Avenue and White Lane. Upon a motion by Councilmember Edwards, Agreement No. 91-209 was approved, and the Mayor was authorized to execute the Agreement by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Bakersfield, California, September 11, 1991 - Page 14 Approval of Agreement No. 91-210, Airport Grant Agreement AIP 3-06-0323-08 for a tie- down apron and taxiway. (Ward 1) Upon a motion by Councilmember Edwards, Agreement No. 91-209 was approved, not to exceed $800,000.00, and the Mayor was authorized to execute the Agreement. Designation of voting delegate for League of California Cities Annual Conferenoe. Upon a motion by Councilmember McDermott, this item was deferred to the meeting of October 2, 1991. COUNCIL STATEMENTS Councilmember Brunni referred to the Parks Department, a letter she received from Karen Reep, 9021 Crowningshield Drive, dated September 1, 1991, regarding "Landscaping in Progress" signs that have been in the median strip, on White Lane west of Gosford Road, for many weeks with no sign of activity. Councilmember Brunni stated she received a memorandum regarding a Section 125 Plan, and she would like to see a Child Care option implemented by the end of this year so that the participants can get the tax benefit for the full year. Councilmember Brunni requested a report come back to the Council regarding a statement she heard at the Bakersfield Association of Realtors' meeting today that Bakersfield's utility rates are among the highest in the State. Councilmember Brunni requested that, with regard to the Closed Session items that were removed from this evening's Agenda, the City Manager investigate this matter and determine if there is a problem that the Council should be aware of and, if so, to report back to the Council by October 2, 1991. Upon a motion by Councilmember Smith, the problem of encroachments on the Bakersfield Landfill Site was referred to the Intergovernmental Relations Committee. Councilmember Smith thanked the Mojave Pipeline Operating Company for a $5,000 check that was sent to City Manager Hawley for the City's Frozen Tree Replacement Program. City Manager Hawley advised that the money has been placed in a special trust account fund to be used only for this particular purpose to replace trees that were damaged, and it is estimated that approximately 50 trees can be replaced. He further advised that he will be sending a letter of thanks. Councilmember DeMond noted that the contract person on Mojave Pipeline is Mr. Needham, and perhaps he realizes how much the City would benefit from this gracious offer. She advised that any offer from any other corporate entity out there who would like to assist the City in a like manner will be appreciated. Bakersfield, California, September 11, 1991 - Page 15 Councilmember Salvaggio requested Public Works Director Schulz provide him with a status report on the following items: The street lights in Pacheco 10; The oversized truck signs at Panama Lane and Fairview; and If there are funds in the Capital Improvements Budget budgeted for a traffic signal at Wible Road and Panama Lane and, if not, could consideration be given to budgeting that as soon as possible. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Smith, the meeting was adjourned at 9:40 p.m. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA ndw