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HomeMy WebLinkAbout04/04/1990 MINUTES CC4 4 0 Bakersfield, California, April 4, 1990 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., April 4, 1990. The meeting was called to order by Mayor Medders. Present: Councilmembers Edwards, DeMond, Brunni (seated at 5:35 p.m.), Peterson, McDermott, Salvaggio Absent: Councilmember Smith WORKSHOP CALTRANS STUDY ON CROSSTOWN FREEWAY- ALIGNMENT. Public Works Director Ed Schulz introduced Mr. Alan McCuen, Deputy District Director of Planning and Programming, Caltrans, who provided an overview of the Caltrans Study on the Crosstown Freeway Southern Alignment. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned to Closed Session at 6:00 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and ~x Officio Clerk of the Council of the City of Bakersfield, CA kdsc Bakersfield, California, April 4, 1990 Minutes of the Closed Session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 6:00 p.m., April 4, 1990. The meeting was called to order by Mayor Medders. Present: Councilmembers Edwards, DeMond, Brunni, McDermott, Salvaggio Absent: Councilmembers Smith Peterson, CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(a), pending litigation, in the case of Mosley vs. City of Bakersfield. Closed Session pursuant to Government Code Section 54957 regarding Annual Review of City Attorney. Upon a motion by Councilmember DeMond, Council adjourned to the City Manager's Conference Room for Closed Session at 6:00 p.m. There being no further business to come before the Council, upon a motion by Councilmember Peterson, the meeting for Closed Session was adjourned at 7:06 p.m. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA kdsc Bakersfield, California, April 4, 1990 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:07 p.m., April 4, 1990. The meeting was called to order by Mayor Medders, followed by the Invocation by Steve Marquesen, Chairman of the Board of Deacons, First Assembly of God Church, and the Pledge of Allegiance. City Clerk Williams called the roll as follows: Present: Absent: Councilmembers Edwards, DeMond, Salvaggio Councilmembers Smith, McDermott Brunni, Peterson, PRESENTATIONS Mr. Rich O'Neil, 6600 Desmond Court, spoke on behalf of the Kern River Parkway Foundation requesting support of the Kern River Foundation, authorization for the use of the City-owned site described as the Truxtun Lakes Parking Lot lying along Truxtun Extension west of Mohawk, and authorization to proceed with the landscaping and development of the parking lot. He presented a letter from Texaco Corporation, which is a letter of confirmation of the quarter million dollar grant to fund this project. Upon a motion by Councilmember Salvaggio, Item 5. c. 1 of the Consent Calendar, Communication from Mr. Rich O'Neil, Vice President, Kern River Foundation, P. O. Box 1861, dated March 27, 1990, requesting Council support of the Kern River Foundation, was moved forward to be voted on at this time as a separate item. Upon a motion by Councilmember Salvaggio, the request from the Kern River Foundation for official support of the Kern River Foundation; authorization for the use of the City-owned site described as Truxtun Lakes Parking Lot lying along Truxtun Extension, west of Mohawk, and authorization to proceed with the landscaping and development of the parking lot; and to direct the City staff to provide logistical and administrative support to complete the Truxtun Lakes Parking Lot project; was approved. Mayor Medders announced that the week of April 7-14, 1990, is National Community Development Week, and read and presented to Community Development Coordinator George Gonzales a proclamation declaring Wednesday, April 11, 1990, as National Community Development Day in Bakersfield. Mayor Medders presented to Ms. Nancy Burciaga, Chairperson of the Fair Housing Advisory Committee, a proclamation declaring the month of April, 1990, as Fair Housing Month in Bakersfield. Mayor Medders presented an award to Coach Ernie Maglischo and the CSUB Swim Team for their Fifth Consecutive Division II National Championships. The members of the Swim Team were Chris Perry from Colorado, who is an All American in four events; Jim Glenn from Bakersfield, who is All American in the Backstroke; Amin Ameka, who is the Captain and All American in the Butterfly; and Mike Holland from Boston, who was the Honorable Mention All American in the Backstroke. Bakersfield, California, April 4, 1990 - Page 2 The Calendar: ae CONSENT CALENDAR following items were listed on the Approval of Warrant Nos. 7441 to 7929, inclusive, in the amount of $1,550,947.02, and Self Insurance Warrant Nos. 1530 to 1612, inclusive, in the amount of $31,931.37. DELETED. Communications: 1. MOVED FORWARD TO BE HEARD DURING PRESENTATIONS. Communication from Mr. Otis M. Gillaspie, Kern City Civic Association, 1003 Pebble Beach Drive, dated March 15, 1990, submitting the Kern City annual survey of units to determine the number of units with at least one person over 55 years of age. (RECEIVE AND PLACE ON FILE) d. Dedication of Properties: Street Right of Way Deed No. 3209 from Community Construction, Inc., and Kern College Land Company for street right-of-way located at the southeast corner of White Lane and Mountain Vista Drive. Street Right of Way Deed No. 3210 from DeVille Homes for a portion of Olive Springs Drive located east of Fruitvale Avenue and north of Hageman Road. Deed No. 3211, Irrevocable Offer of Street Dedication from River Ranch Estates for a portion of an unnamed street located south of Brimhall Road approximately 1655 feet west of Coffee Road. Highway Easement Deed No. 3212 from Chevron U.S.A., Inc., for the south half of the right-of-way for Paladino Drive from Masterson Street to one mile west. Deed No. 3213, Grant of Easement to Pacific Gas and Electric Company for underground utilities along Gosford Road between Kroll Way and Camino Media. Consent 444 Bakersfield, California, April 4, 1990 - Page 3 f. Map and Improvement Agreements: Final Map and Improvement Agreement No. 90-76 with DeVille Homes for Tract No. 5018, Unit B, consisting of 27 lots on 8.42 acres located east of Fruitvale Avenue and north of Hageman Road. Improvement Agreement No. 90-77 with Oscar Rudnick for Parcel Map No. 8732, consisting of 5 parcels on .66 acres located at the southeast corner of San Marino Drive and Parker Avenue. Notices of Completion and Acceptance of Work for the following: Construction of box culvert at the Calloway Canal and Bridge at the Friant-Kern Canal on Coffee Road, Contract No. 89-204, completed March 21, 1990. Construction of Monitor (Greenfield) Park landscape irrigation system, Contract No. 89-22~, completed March 13, 1990. Tract No. 5034, Unit 4, located south of Hageman Road and east of Calloway Drive, Contract No. 89-200, completed March 21, ~990. Tract No . 51 30, Unit 1 (Landscaping), located north of Hageman Road and west of Patton Way, Contract No. 89-77, completed March 19, 1990. Approval of Plans and Specifications for the construction of bicycle ramps at Coffee Road, Oak Street and Elm Street. Requests for Extension of Time from the following: Mason, Carosella & Camp Development to extend the completion date for Improvement Agreement No. 85-53, Tract No. 4734, Unit 3, to June 20, 1990. Mason, Carosella & Camp Development to extend the completion date for Improvement Agreement No. 87-68, Tract No. 4734, Unit 4, to April 8, 1991. Bakersfield, California, April 4, 1990 - Page 4 Submission of 1989 Annual Report from the Fire, Police, and Miscellaneous Civil Service Boards. Upon a motion by Councilmember DeMond, Items a, c, d, e, f, g, h, i and j of the Consent Calendar were adopted, with the deletion of Items b and c. 1., by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Peterson, Edwards, Salvaggio None None Councilmembers Smith, McDermott DeMond, Brunni, P~BLIC STATF_m~ENTS Miss Stacie Dremel, O. J. Actis Junior High School, spoke regarding Teams USA Soccer. Miss Alison Elam, Comptom Junior High School, spoke regarding Teams USA Soccer. Miss Kelli Watts, West High School, spoke regarding Teams USA Soccer. Mr. George Nickel, 6200 Lake Ming Road, spoke in support of the University of California Campus in Bakersfield and presented a new Resolution. Mr. Dennis Triplett, Chevron Land & Development Co., spoke in support of the University of California Campus Resolution. Mr. Chris Montana, Santa Fe Pacific Realty Co., spoke in support of the University of California Campus Resolution. Ms. Margaret Pryor, 4200 St. Andrews Drive, spoke regarding the Bakersfield Museum of Art. Mr. Donald Lora, 2811 20th Street, spoke regarding vacant property use to correct the dangerous curve at the bottom of the crosstown freeway. Mr. Ilo J. Scatena, 1 727 Glenwood Drive, spoke re~a. rding Board~ of Zoning Adjustment decision in reference to the Italian Heritage uante Association. Upon a motion by Councilmember Peterson, the rules were extended to allow Mr. Ilo Scatena an additional three minutes to continue speaking. Councilmember DeMond referred to the dangerous curve at the bottom of the which was requested by Mr. Donald Lora. staff the matter of crosstown freeway, 44G Bakersfield, California, April 4, 1990 - Page 5 REPOR?$ Councilmember Peterson, Chairperson of the Urban Development Committee, read Report No. 3-90 regarding Proposed Off-Street Parking Ordinance Revision as follows: The City Council gave first reading to a proposed comprehensive revision to the parking ordinance and referred it to the Urban Development Committee on February 21, 1990. We have reviewed the ordinance, correspondence and other background material which the Council received for the February 21 st meeting. Revisions which we feel especially noteworthy include more definitive parking standards for downtown businesses which reflect their overlapping parking demand and in some cases no individual parking needs at all. The draft ordinance also provides greater design flexibility by its inclusion of generally accepted engineering design standards for parking and computer analysis for more efficient shared parking. A more universal standard parking space of 9 feet by 18 feet is proposed rather than the combination of 8-1/2 feet by 20 feet and compact spaces (7-1/2 feet by 15 feet). We were especially pleased to note that this ordinance was recommended to the City Council by the Planning Commission and Central District Development Agency who worked with their respective communities in resolving various issues related to this ordinance. All parties involved seem satisfied with the proposed ordinance. However, the Urban Development Committee, having taken one last look at the ordinance, recommends a few finishing changes. 1) Reinstate paragraph B to 17.58.010, requiring parking for residential uses to be on the same parcel and within 500 feet for other uses. This was left out of the final draft due to a computer malfunction. 2) Bring the standards in 17.34.020 B to 17.58.050 N. This would bring the standards for perimeter walls and landscaping into the general standards of the parking ordinance rather than referring the reader to another part of the code as the existing ordinance does. The draft ordinance inadvertently left this reference out. 447 Bakersfield, California, April 4, 1990 - Page 6 3) Authorize the Planning Director to waive or modify the wall requirement between parking areas which would be adjacent to other parking areas in R-Zones. This would facilitate the development of shared or joint parking areas and common access drives. 4) Add 17.58.110 24) which would permit the interchange of either retail or office use in independence spaces of 1450 square feet or less without changing parking requirements. This would respond to a request by letter from Coleman Company received by the City Council and also recommended by staff. Upon a motion by Councilmember Peterson, Urban Development Committee Report No. 3-90 was accepted. Adoption of Ordinance No. 3285 of the ~ouncil of the City of Bakersfield amending Chapter 17.58 of the Bakersfield M~nicipa! Code relating to off-street parking. This Ordinance was given First Reading at the meeting of February 21, 1990. Upon a motion by Councilmember Peterson, Ordinance No. 3285 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Peterson, Edwards, Salvaggio None None Councilmembers Smith, McDermott DeMond, Brunni, Councilmember DeMond read Budget and Finance Committee Report No. 4-90 regarding Stark Amendment Application to City Physician Request for Proposal as follows: The City Council referred the issue of the application of the Stark Amendment to the City Physician Request for Proposal to the Budget and Finance Committee for further review. The Committee has met with staff, including staff from the City Attorney's Office, who provided information regarding the Stark Amendment. Bakersfield, California, April 4, 1990 Page 7 Based on research done by the City Attorney's staff, the Stark Amendment does not apply to the City of Bakersfield, but only to reimbursements for MediCare from the Federal Government. The City Attorney pointed out that the Council could require that physicians submitting the request for proposal for City Physician be required to list any ownership interests they may have with any medical facility. The Attorney further pointed out that it may not be in the best interest of the City or its employees to restrict the use of physicians due to any ownership interests since it is a common practice for physicians to invest in specialized equipment and medical support services. Such a policy would be very difficult to enforce and could limit the choices of physicians available to employees. However, it is in the interest of the City to be made aware of such ownership interests for the City Physician so claims may be monitored for unwarranted referrals. Therefore, this Committee recommends the following language be added to the requests for proposal: "Provide a list of any ownership interests you may have with any medical facility, including, but not limited to, laboratories, radiology, and equipment." We request that the Council accept this report and implement its recommendations. Upon a motion by Councilmember DeMond, Budget and Finance Committee Report No. 4-90 was accepted. Councilmember DeMond made a motion to implement the recommendations of Budget and Finance Committee Report No. 4-90. Councilmember Salvaggio made a substitute motion to implement the following three amendments to Budget and Finance Committee Report No. 4-90: (1) Direct staff to seek outside assistance in reviewing the responses to the RFP and evaluating the respective medical facilities; (2) Have a conflict of interest clause that would incorporate the spirit of the Stark Amendment with the exception only in cases when referring providers are the only ones available that offer the facilities and medical care needed to treat a patient; (3) That the RVS Fee Schedule apply to specialists just as they now apply to the City Physician. Upon a substitute motion by Councilmember DeMond, Budget and Finance Committee Report No. 4-90 was amended so that under Item "J" 1, it shall read "shall be . or less." Upon a motion by Councilmember DeMond, Item "J" 2 will remain the way it is. Bakersfield, California, April 4, 1990 - Page 8 Upon a motion by Councilmember DeMond, staff is directed, if possible, to seek outside assistance in reviewing the response to the RFP and evaluating the respective medical facilities, and that such individuals have expertise in Workers' Compensation insurance and claims, and they should be from the insurance industry and from major employers who have similar employee classification codes. Upon a motion by Councilmember DeMond, the language was retained but with the addition to make it in writing that the Risk Management Division or Manager utilize the information provided to Council on the RFP regarding conflicting holdings and track them and bring back reports to Council at regular intervals. Upon a motion by Councilmember DeMond, Budget and Finance Committee Report No. 4-90 was approved with the amendments. Mayor Medders recessed the meeting at 9:05 p.m. and the meeting was reconvened at 9:15 p.m. Councilmember Peterson read Budget and Finance Committee Report No. 5-90 regarding Consent to Assignment of City Agreement No. 85-142, as amended (Disposal Site for Wastewater Treatment Plant No. 3) as follows: At its March 7th meeting, the City Council referred a letter from Mel Jans of Tenneco West to this Committee. That letter expressed Tenneco West's interest in transferring the wastewater disposal site west of Interstate 5 to the City and terminating Agreement No. 85-142, as amended, which governs the relations between City and Tenneco West as to that disposal site. A few days before the Council meeting of March 7, Valley Communities, Inc. , exercised an option to purchase the disposal site and assume Tenneco West's obligations and rights under Agreement No. 85-142. Under the terms of that Agreement the City's written consent to any assignment is required, but the City may not "unreasonably withhold consent." The City is specifically authorized to consider such factors as the skill, experience, performance record and financial capacity of the proposed assignee. The Committee has met twice with representatives of Valley Communities, Inc., including Joe Gatone, Gary Garone, Eldon Hugie, and Kenneth Payne. Staff has reviewed materials submitted by Valley Communities in support of the requested assignment, and has recommended that consent be given to the proposed assignment. Bakersfield, California, April 4, 1990 Page 9 The major features of the proposed Agreement are summarized as follows: l) That the City' s consent to assignment of the agreement to Valley Communities is subject to the condition that Tenneco West, Inc., shall have assigned its reclamation permit from the State Regional Water Quality Control Board for the disposal site to Valley Communities. 2) That funds payable for treated wastewater delivered to the disposal site under the terms of the Agreement with Tenneco shall be withheld by the City in accordance with the following: a) As it is anticipated that the construction of an additional 1,000 acre per foot reservoir at the disposal site will be required within the next five years, the City may withhold sums specified in Exhibit "A" of the proposed Agreement, 25% of each annual payment to be deducted from each quarterly payment by the City to Valley Communities. These funds are to be deposited in a financial institution which may be distributed to Valley Communities with interest, only for reimbursement of costs incurred by Valley Communities for construction of such reservoir or other related facilities as detailed in the proposed agreement, or to the City if it has to construct such a reservoir. After the sixth anniversary of this agreement, the balance of the account shall be returned to Valley Communities in payments detailed in Exhibit "A" of the proposed agreement. Once the reservoir has been constructed, the funds withheld shall be paid over to Valley Communities. b) In lieu of the withholding provided for the above, Valley Communities may elect to post with the City performance bonds or irrevocable letters of credit. Bakersfield, California, April 4, 1990 - Page 10 c) In the event sufficient monies are not provided to the City through the escrow for the sale of the disposal site to Valley Communities for the call of all outstanding bonds of Assessment District 86-30, the City may also withhold sufficient funds each year to pay all real property taxes and assessments against the disposal site. 3) That Valley Communities provide written notice to the Director of Public Works of the City within three days of receipt of any written communication from any State or local regulatory agency of any deficiency in operations of the disposal site, including a copy of such communication. The Committee has considered staff's recommendation and supporting materials and concurs. Therefore, this Committee recommends the approval of the Agreement Conditionally Consenting to Assignment of City Agreement No. 85-142 as Amended, and authorize the Mayor to execute the Agreement. We request that the Council accept this report and implement its recommendations. Upon a motion by Councilmember Peterson, Budget and Finance Committee Report No. 5-90 was accepted. Approval of Agreement No. 90-78 with Valley Communities, Inc., Conditionally Consenting to Assignment of City Agreement No. 85-142, as Amended. Upon a motion by Councilmember Peterson, Agreement No. 90-78 with Valley Communities, Inc., was approved and the Mayor authorized to execute the Agreement. ACTION ON BIDS Contract No. 90-79 with Griffith Company for Water Mainline Extension, Stockdale ~ighway near Cal-State University Campus. Upon a motion by Councilmember Brunni, the low bid from Griffith Company in the amount of $36,314.86 was accepted, all other bids rejected, and the Mayor authorized to execute the Contract. Two Sedans, Two Vans, and Four Pickups (7 additional and 1 replacement). Upon a motion by Councilmember Peterson, from Jim Burke Ford in the amount of $99,304.44 and all other bids rejected. the low bid was accepted Bakersfield, California, April 4, 1990 - Page 11 DEFERRED BUSINESS Adoption of Ordinance No. 3286 of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties located at the southwest corner of Brimhall Road and Harvest Creek Road from an M-2 (General Manufacturing) Zone to an R-3 (Limited Multiple Family Dwelling) Zone and to an R-1 (One Family Dwelling) Zone. This Ordinance was given First Reading at the meeting of March 21, 1990. Upon a motion by Councilmember Brunni, Ordinance No. 3286 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Peterson, Edwards, DeMond, Brunni, Salvaggio Noes: None Abstain: None Absent: Councilmembers Smith, McDermott Mid-Year Report from the Finance Director. Upon a Mid-Year Report placed on file. motion by Councilmember Salvaggio, the from the Finance Director was received and Amendments of Fiscal Year 1989-90 Operating and Capital Improvements Budgets and the Operating and Capital Improvements Budget for the Community Development Block Grant Funds. Adoption of Resolution No. 33-90 of the Council of the City of Bakersfield amending Resolution No. 117-89 approving and adopting the Operating and Capital Improvements Budgets for the City of Bakersfield, California, for the Fiscal Year 1989-90. Upon a motion by Councilmember DeMond, No. 33-90 of the Council of the City of Bakersfield by the following roll call vote: Resolution was adopted Ayes: Councilmembers Peterson, Edwards, DeMond, Salvaggio None None Councilmembers Smith, McDermott Noes: Abstain: Absent: Brunni, Bakersfield, California, April 4, 4990 - Page 12 Adoption of Resolution No. 34-90 of the Council of the City of Bakersfield amending Resolution No. 1]9-89 approving and adopting the Operating and Capital Improvements Budgets for the Use of C~unity Development Block Grant F~nds for the Fiscal Year 1989-90. Upon a motion by Councilmember DeMond, Resolution No. 34-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Peterson, DeMond, Brunni, Noes: None Abstain: None Absent: Councilmembers Smith, McDermott, Edwards Salvaggio Adoption of Ordinance No. 3287 of the Council of the City of Bakersfield adding Chapter 15.54 to the Bakersfield Municipal Code relating to a Handicapped Access Appeals Board. This Ordinance was given First Reading at the meeting of February 21, 1990. Upon a motion by Councilmember Brunni, Ordinance No. 3287 of the Council of the City of Bakersfield was adopted, as originally drafted without the appeal to the Council, by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Peterson, Edwards, Salvaggio None None Councilmembers Smith, McDermott DeMond, Brunni, NEW BUSINESS Adoption of Resolution of Application No. 35-90 of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 335, Calloway No. 3/Polo Grounds Annexation, generally located between Hageman Road, Calloway Drive, Snow Road, Jewetta Avenue, Noriega Road and Allen Road contiguous to the boundary of the City limits (Ward 4). Upon a motion by Councilmember Brunni, Resolution of Application No. 35-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Peterson, Edwards, Salvaggio None None Councilmembers Smith, McDermott DeMond, Brunni, 4. i4 Bakersfield, California, April 4, 1990 - Page ~3 Adoption of Resolution No. 36-90 of the Council of the City of Bakersfield 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 May 2, 1990. Upon a motion by Councilmember Edwards, Resolution No. 36-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Peterson, Edwards, Salvaggio None None Councilmembers Smith, McDermott DeMond, Brunni, Adoption of Resolution No. 37-90 of the Council of the City of Bakersfield reaffirming its support for a University of California Campus Site in Kern County. Upon a motion by Councilmember DeMond, Resolution No. 37-90 of the Council of the City of Bakersfield was adopted, with the amendment, " for a University of California Campus Site in Kern County, particularly Metropolitan Bakersfield," by the following roll call vote: Ayes: Councilmembers Peterson, Edwards, DeMond, Brunni, Salvaggio None None Councilmembers Smith, McDermott Noes: Abstain: Absent: Adoption of Resolution of Intention No. 1071 of the Council of the City of Bakersfield declaring its intention to establish City-Wide Park Maintenance District. This Resolution sets protest hearing for the Council meeting of April 25, 1990. Councilmember Peterson made a motion to adopt Resolution of Intention No. 1071 of the Council of the City of Bakersfield. Councilmember Brunni made an amendment to Councilmember Peterson's motion that Resolution of Intention No. 1071 be brought back to Council with the amendment to expire in five years and hold another debate regarding the benefits and zones. Councilmember Brunni made a call for the question. The amended motion by Councilmember Peterson to adopt Resolution of Intention No. 1071 to include a five-year sunset clause failed by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Peterson, Brunni, Councilmembers Edwards, DeMond None Councilmembers Smith, McDermott Salvaggio 455 Bakersfield, California, April 4, 1990 - Page 14 A Resolution of the Council of the City of Bakersfield preliminarily adopting, confirming and approving Public Works Director's Report; appointing time and place for hearing protests to the proposed District and proposed zones of benefit therein and the boundaries thereof, the fairness of the benefit formulas, the amount of assessment to be levied against each parcel and the reservation of right to perform work by City forces (Resolution of Intention No. 1 071 , City-Wide Park Maintenance District). Council did not consider this item due to failure of the previous item. Approval of Agreement No. 90-80 with East Hills Mall for space at the Mall beginning April 1 9 through 30 for Community Development to display student-made posters and essays focusing on the homeless. Upon a motion by Councilmember DeMond, Agreement No. 90-80 with East Hills Mall was approved and the Mayor authorized to execute the Agreement. Approval of Agreemeut No. 90-81 with Bethany Service Center for the operation of the Bakersfield Homeless Center. No. 90-81 Agreement. Upon a motion by Councilmember DeMond, Agreement was approved and the Mayor authorized to execute the Appropriate $70,000 interest revenue on Certificate of Participation Bond to the Redevelopment Capital Improvement Fund (Auditorium Improvement Project) budget. Upon a motion by Councilmember DeMond, $70,000 interest revenue on Certificate of Participation Bond to the Redevelopment Capital Improvement Fund budget was appropriated by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Peterson, Edwards, Salvaggio None None Councilmembers Smith, McDermott DeMond, Brunni, Bakersfield, California, April 4, 1990 - Page 15 Four (4) vacancies on the Historic Preservation Co~ission: One vacancy due to the expiration of term by Carl Frazer, term expiring March 30, 1990. (Mayor) One vacancy due to the expiration of ter~ by Lynn Noel, term expiring March 30, 1990. (Ward 1). One vacancy due to the expiration of term by Vera K. Gibson, term expiring March 30, 1990. (Ward 2) One vacancy due to the expiration of term by Carol Lee, term expiring March 30, 1990. (Ward 3) This item was deferred from the meeting of March 21, 1990. This matter was deferred to the next Council meeting. Referral of communication from Margaret Pryor, President of the Bakersfield Art Foundation, requesting name change of Cunningham Art Gallery to the Bakersfield Museum of Art. Upon a motion by Councilmember Brunni, this matter was referred to the Convention Center and Community Services Committee, with Councilmember Salvaggio voting no. Adoption of Resolution No. 38-90 of the Council of the City of Bakersfield declaring the Laborers on the Homeless Facility to be temporary employees of the City for the purpose of Workers' Compensation. Upon a motion by Councilmember DeMond, Resolution No. 38-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Councilmember Peterson None Councilmembers Smith, McDermott Brunni, Salvaggio City Attorney Art Saalfield asked Council to authorize outside legal services for four employees who are being sued individually in the case of Mosley vs. City of Bakersfield, and asked Council to consider approving contracts with the attorneys who will provide services for those officers. Upon a motion by Councilmember Peterson, the matter of Mosley vs. City of Bakersfield arose after the Agenda was posted and upon which action is necessary was approved by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Peterson, Edwards, Salvaggio None None Councilmembers Smith, McDermott DeMond, Brunni, Bakersfield, California, April 4, 1990 - Page 16 Approval of Contract No. 90-82 with John D. Gibson of Gibson & Gibson; No. 90-83 with Oliver U. Robinson of Robinson, Palmer & Stanton; No. 90-84 with Dennis R. Thelen of LeBeau, Thelen, Lampe, Mcintosh & Crear; No. 90-85 with James E. Brown of Clifford, Jenkins & Brown; for legal services for individuals sued in the case of Mosley vs. City of Bakersfield. Upon a motion by Councilmember DeMond, Contract Nos. 90-82, 90-83, 90-84 and 90-85 were approved and the Mayor authorized to execute the Contracts. COUNCIL STATEMENTS Councilmember DeMond stated she appreciated the input from Chief Patterson to City Manager Dale Hawley regarding the graffiti issue, and asked staff to look into what is available in other cities that have a bigger issue than the City of Bakersfield. Councilmember Brunni spoke regarding the West Beltway Corridor. She asked staff to get an inventory of any reservations for freeway right-of-way that have been made to date so Council knows where they are and where they are trying to go. Councilmember Brunni stated she is disappointed with what occurred this evening regarding the Park Maintenance District item. Upon a motion by Councilmember Brunni, the Resolution of Intention and Resolution were placed on the Agenda for the next meeting, April 18, 1990, with the date of hearing set for May 9, 1990, by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Peterson, Brunni, Salvaggio Councilmembers Edwards, DeMond None Councilmembers Smith, McDermott ADJOURNF~ENT There being no further business to come Council, upon a motion by Councilmember Peterson, was adjourned at 10:35 p.m. before the the meeting MAYOR of the City of Bakersfield, CA ATTEST: ~T¥ ~LE~ ~n~ ~x ©~f~£~ ~lerk ~f t~e ~n¢~l ~£ t~e ~£t~ ~f ~k~rsf±el~ ~A kdsc