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HomeMy WebLinkAbout02/03/1988 MINUTES CCBakersfield, California, February 3, 1988 Minutes of the Special Meeting of the City Council of the City of Bakersfield, California, for the purpose of a Closed Session held in the Council Chambers of City Hall at 5:20 p.m., February 3, 1988. The meeting was called to order by Vice-Mayor Smith. Deputy City Clerk Gafford called the roll as follows: Present: Absent: Vice-Mayor Smith. Mayor Payne. Councilmembers Childs, Ratty, DeMond, Peterson, McDermott, Salvaggio CLOSED SESSION Closed Session pursuant to Government Code Section 54957 regarding Labor Negotiations with City of Bakersfield's Chief Negotiator. Do Closed Session pursuant to Government Code Section 54957 regarding Personnel Matters City Attorney's Office. Closed Session pursuant to Government Code Section 54956.9(a), pending litigation, in the case of City of Bakersfield vs. Garriott Crop Dusting, et al. d. Closed Session pursuant to Government Code Section 54956.9(a) regarding Terry L. Moreland vs. City of Bakerstield. Upon a motion by Councilmember DeMond, Closed Session was held in the Manager's Conference Room of City Hall. Upon a motion by Councilmember Childs, the issue of Personnel Matters regarding the City Attorney's Office was tabled by the tollowing vote: Ayes: Noes: Absent: Councilmembers Childs, Salvaggio, Ratty, DeMond Vice-Mayor Smith. Councilmembers Peterson, McDermott Mayor Payne Upon a motion by Councilmember Peterson, Council author- ized staff to proceed with work plan ~or cleaning up Airpark Property. The Special Meeting was recessed at 6:58 p.m., to resume after the conclusion ot the regular Council meeting. The Special Meeting for the purpose of a Closed Session was reconvened at 9:21 p.m. ADJOURNMENT There being no further business to come Council, upon a motion by Councilmember Peterson, adjourned at 10:52 p.m. before the the meeting MAYOR of the City of B~'kersfield, ATTEST: CITY CLERK and Ex Officio Clerk ot the Council of the City of Bakersfield, California Calif. jlm Bakersfield, California, February 3, 1988 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 p.m., February 3, 1988. The meeting was called to order by Vice-Mayor Smith fol- lowed by the Pledge of Allegiance and Invocation by Richard Williams, Member of the Board of Deacons, First Assembly of God Church. Deputy City Clerk Gafford called the roll as follows: Present: Vice-Mayor Smith. Absent: Mayor Payne Councilmembers Childs, DeMond, Ratty~, Peterson, McDermott, $alvaggio MINUTES Upon a motion by Councilmember McDermott, the minutes of January 6, 1988, were approved. PUBLIC STATEMENTS Jeffrey Brown, 901 Pershing, spoke regarding his support of the proposed Homeless Shelter in Bakersfield. James McCollough, President of Kern County Dental Society, 2112 24th Street, Suite 1, spoke regarding National Children's Dental Health Month and stated that February 10th is Sugarless Wednesday. He presented the Councilmembers and Deputy City Clerk Gafford with baskets of sugarless treats. Billie D. Smith, Representative of the Buildings and Construction Trades Council of Kern, Mono and Inyo Counties, 200 West Jeffries, spoke regarding his support of the proposed Homeless Shelter and offered the services of the Buildings and Construction Trades members in the form of free labor for the proposed Homeless Shelter. Lindsay McDaniel, 5900 Ronald Way, spoke regarding the proposed Homeless Shelter. REPORTS Interim City Manager Hawley read City Manager Report No. 1-88 regarding Relocation of the Police Pistol Range as follows: The City has considered the relocation of the Truxtun Avenue Police Pistol Range for several decades. As population and intensity of development have moved outward, the property has become sur- rounded by uses incompatible with a shooting range. Through the years, maintenance and repair have also been deferred as relocation was considered. The staff has been exploring different options for sale of the range and development of a replacement. It is now at a point where Council should start reviewing the options. I request that the relocation of the Police Pistol Range be sent to the Budget and Finance Committee. Upon a motion by Councilmember Childs, the relocation of the Police Pistol Range was sent to the Budget and Finance Committee. Bakersfield, California, February 3, 1988 - Page 2 Interim City Manager Hawley read City Manager Report No. 2-88 regarding Creation of Litigation Committee as follows: I request and propose that the Council consider creating a Litigation Committee. The function of the Committee would be to receive input from the City Attorney's Office and retain outside counsel on the progress of pending litigation. The Committee would meet at least monthly to be updated on all cases filed against and served on the City since its previous meeting, plus receive periodic updates on older cases, and will assist the City Attorney in determining the necessity for closed sessions with the entire Council. It is not intended that committee consideration of pending suits be substituted for Council considera- tion in closed session. The full Council should be provided with information on major cases in closed session at least as often as previously. However, time constraints on closed sessions necessarily limit the number of matters that may be brought to the Council. The Committee may make recommendations to the Council concerning the services of outside (contract) counsel and may be involved in risk management and in making recommendations to the Council on proposals to reduce the City's liability. Proposals concerning staffing of the City Attorney's office may also be presented to the Committee for recommendations to the Council. I, therefore, request that the Council create the Litigation Committee. Upon a motion by Councilmember Peterson, a Litigation Committee to be formed by the Council was approved by the follow- ing vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio Noes: None Absent: Mayor Payne Peterson, Upon a request by Councilmember Childs, Deputy City Clerk Gafford played back the tape recording of Councilmember Petersoh's motion to form a Litigation Committee. Upon a motion by Councilmember the vote on the previous motion to have Committee was approved by the following Ratty, reconsideration of Council form a Litigation vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, $alvaggio Noes: None Absent: Mayor Payne Ratty, Peterson, Upon a motion by Councilmember Peterson, a Litigation Committee to be formed by the Council was approved by the follow- ing vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: Mayor Payne Ratty, Peterson, Bakersfield, California, February 3, 1988 - Page 3 347 Councilmember DeMond clarified that her specialty in her profession is Probate and that she is not a Litigation Legal Assistant. Upon a motion by Councilmember Childs, a call for the question was approved. Upon a motion by Councilmember Smith, Councilmembers Peterson - Chair, DeMond, and Smith were appointed to the Litigation Committee. Councilmember DeMond read Legislative Committee Report No. 1-88 regarding Support for Reinstatement of the 15-Year Term of State Tax Incentives for Employment and Economic Incentive Program Areas as follows: On January 20, 1988, the City Council referred to the Legislative Committee for review and recommen- dation a proposed resolution supporting the rein- statement of the 15-year term of state tax incentive program areas. In 1986, under the Employment Economic Incentive Act, a portion of southeast metropolitan Bakersfield was granted a state designation as an employment and economic incentive program area which had a 15-year term for state tax incentives. In 1987, California tax conformity legislation brought California laws into compliance with the Federal Tax Reform Act and certain tax incentive time spans were reduced from 15 to 5 years. The Committee felt that reinstatement of the 15-year term of state tax incentives for employment and economic incentive programs is essential to the welfare of the community's SEEZ. Consequently, the Committee recommends the Council accept this report and adopt the resolution. Upon a motion by Councilmember DeMond, Legislative Committee Report No. 1-88 was accepted. Adoption of Resolution No. 8-88 of the Council of the City of Bakersfield Supporting the Reinstatement of the 15 Year Term of the State Tax Incentives for Employment and Economic Incentive Program Areas. Councilmember DeMond read the Resolution No. 8-88 as follows: WHEREAS, the State of California adopted Assembly Bill 540 in 1984 permitting the designation of Employment and Economic Incentive Program Areas within the State; and WHEREAS, the legislation included ~tate tax incen- tives allowable to qualified businesses and indus- tries located within or relocating from elsewhere into the area within the certain and specific boun- daries of the Program Areas for a 15-year period; and WHEREAS, the City of Bakersfield and the County Of Kern, as joint applicants, have been designated collectively as the administrators of an Employment and Economic Incentive Program Area; and Bakersfield, California, February 3, 1988 Page 4 WHEREAS, the state tax conformity to the Federal Tax Reform Act of 1986 on "enterprise zones" as presented in Assembly Bill 53 and Senate Bill 572 sunsets the Program Area incentives effective January 1, 1993, thereby substantially reducing the life of the program; and WHEREAS, the City of Bakersfield and the County of Kern, have long range negotiations pending that depend on the state tax incentives being available as originally legislated in the Employment and Economic Incentive Act. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Bakersfield, that the Council does hereby support and encourage the reinstatement of the 15-year tax incentives for businesses which locate or expand within the targeted area. Councilmember DeMond made a motion to adopt Resolution No. 8-88. Councilmember McDermott, made a motion to call for the question. the last follows: Councilmember Childs made a substitute motion to amend paragraph on Page 2 of Resolution No. 8-88 to read as NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Bakersfield, that the Council does hereby support and encourage the reinstatement of the Enterprise Zone Program as originally adopted in the Employment and Economic Incentive Act, as it is critical to Metropolitan Bakersfield's efforts to attract new business and industry to the Bakersfield Area, creating long term employment and new capital investment in an economically depressed area of significantly, pervasive, poverty and low income. Upon a substitute motion by Councilmember Childs the recommendation contained within the substitute motion was approved by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Peterson, Councilmembers Smith, Ratty, McDermott Mayor Payne Salvaggio Councilmember DeMond read Intergovernmental Relations Committee Report No. 2-88 regarding Ambulance Response Process as follows: The Intergovernmental Relations Committee has been meeting regularly and dealing with the issue of ambulance company response. Meetings have been ongoing at the staff level relative to the City Council's order to change the response system for ambulance companies from a rotation process to clo- sest available unit. As you are aware, the process is in place and working rather well at this time. On January 14, 1988, representatives from the Bakersfield Fire Department, Kern County Fire Department, Hall Ambulance, Golden Empire Ambulance, and Kern County Emergency Medical Services met to review the closest ambulance response policy, adopted December 4, 1987, and discussed other issues regarding ambulance service in the City. Bakersfield, California, February 3, 1988 - Page 5 After reviewing response time data (attached), it was obvious that the basic agreed upon standards are being met by both ambulance companies in the metropolitan area with 94.1% within the 8 minute guideline and 99.4% within the 12 minute guideline, leaving .6% longer than the 12 minute maximum. A very small number of response times are over the twelve minute maximum response, but most of these responses have been in the extreme outlying areas of the metropolitan area. It was agreed upon by all present that there needs to be further review of the proper format for response time calculations. Further study of all available information will continue for approximately ninety days, and at the end of this period the various impacts of this agreement will be addressed. New technologies which could improve the overall efficiency of ambu- lance service and the dispatch process will also be studied in the near future. The present closest ambulance response agreement is only the beginning of a process designed to reduce ambulance response times in the metropolitan area. All those involved in the agreement have maintained a very positive attitude and ambulance service lev- els to the people of the metropolitan area have improved. Further evaluation of this agreement will continue to take place with improvements in the system initiated as solutions to problem issues are identified. The City Ambulance Committee meets once per month to review past experience and per- formance and discuss future improvements. In the opinion of the Intergovernmental Relations Committee, the issue of "response time" of ambulance services is being dealt with in an appropriate manner. A follow-up report on the issue of ambu- lance response will come before the Council in sixty days. Upon a motion by Councilmember DeMond, Intergovernmental Relations Committee Report No. 2-88 was accepted. Councilmember Childs read Budget and Finance Committee Report No. 6-88 regarding Salary of the Interim City Manager as follows: On January 20, 1988, the City Council referred to the Budget and Finance Committee the matter of the salary for the Interim City Manager. We have met and discussed this matter and this Committee recom- mends that the Interim City Manager receive a salary equal to step four on the salary range for City Manager. This would be a 7.6% increase from step five of the Public Works Manager salary range and would be consistent with past practice regarding compensation for employees in acting status. Upon a motion by Councilmember Childs, Budget and Finance Committee Report No. 6-88 was accepted and recommendations imple- mented. Councilmember Childs clarified his vote, stating his congratulations and thanks to Interim Manager Hawley for his con- tinuous support of the City of Bakersfield. 35O Bakersfield, California, February 3, 1988 - Page 6 Councilmember McDermott read Budget and Finance Committee Report No. 7-88 regarding City Brochure as follows: On December 9, 1987 the City Council referred to the Budget and Finance Committee the matter of appropriating funds for the printing of a City Brochure. We have met and discussed this matter and the Committee recommends that due to possible signifi- cant changes in the structure of City government and the Mayoral election in June, it would be best to defer the printing and appropriation of funds until the 1988-89 fiscal year. Upon a motion by Councilmember McDermott, Budget and Finance Committee Report No. 7-88 was accepted and recommen- dations implemented. Fire Chief Needham gave an oral report regarding an Agreement to hire a consultant to furnish necessary investigation and recommendations relating to the gasoline leak at the Rio Bravo Fire Station, 12100 Alfred Harrell Highway. Upon a motion by Councilmember Ratty, Contract No. 88-21 with Twining Laboratories was approved; $8,200 in Self Assurance Fund Balance was appropriated; the Mayor was authorized to execute Contract No. 88-21; and staff was directed to keep the Urban Development Committee informed by the following vote: Ayes: Noes: Absent: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio None Mayor Payne Peterson, CONSENT CALENDAR The following items were listed on the Consent Calendar: a. Approval of Warrant Nos. 4692 to 5219 inclusive, in the amount of $3,640,015.58. Do Communication from Karl F. Hettinger, Kern County Supervisor, Fourth District, dated January 18, 1988, regarding re-examination of traffic conditions on Ashe Road. (RECEIVE AND REFER TO PUBLIC WORKS DEPARTMENT) ee Communication from Ms. Erick Fehlberg, 7505 Wide Loop Road, dated January 25, 1988, com- plaining of the noise caused by leaf blowers at the Town and Country Shopping Center. (Stockdale Highway and Coffee Road). (RECEIVE AND REFER TO THE BUILDING DEPARTMENT) do Communication from David H. Williams of Century Title and Guaranty Company, 5404 Stockdale Highway, dated January 26, 1988, regarding rec- ognition of Buck Owens' efforts to publicize Bakersfield. (RECEIVE AND PLACE ON FILE) Communication from Wayne Keller, representative of the Electrician's Union, regarding Public Works Construction Contracts. (RECEIVE AND REFER TO BUDGET AND F~NANCE COMMITTEE) Bakersfield, California, February 3, 1988 Page 7 Communication from Greg Klimko, Finance Director, dated January 29, 1988, regarding compliance with SB 300 Legislation. (RECEIVE AND REFER TO THE BUDGET AND FINANCE COMMITTEE) f. Claim for Damages and Personal Injuries from the following: 1. Robert Kennedy, 8303 Eucalyptus Street; 2. George Haller, 304 Haggin Street; 3. Alfred Pietro, Star Route 1, Box 99, Earlimart; 4. Alfred Pierro, Star Route 1, Box 99, Earlimart; 5. Alfred Pierro, Star Route 1, Box 99, Earlimart; 6. Alfred Pierro, Star Route 1, Box 99, Earlimart; and 7. Alfred Pierro, Star Route 1, Box 99, Earlimart. (REFER TO CITY ATTORNEY) g. Dedication of Properties: Sewer Line Easement from Discovery Partners located at the intersection of Discovery Drive and Marella Way. Grant Deeds from Stockdale South for land- scaping areas adjacent to the street at various locations East of Gosford Road and North of Panama Lane. Grant Deed from Tenneco Realty Development Corporation for seven parcels of land on the Kern River and on the Carrier Canal upstream of Manor Drive. Granting of a temporary entry permit to the State of California, Department of Water Resources, for access in the City's 2800 Acre Recharge Area. j. Notices of Completion and Acceptance of Work for the following projects: Calloway - Farmers - Stine - Anderson Box Culvert, located on the Kern River, West of North Chester Avenue, was completed on January 12, 1988, Contract No. 87-245. Brundage Lane (Myrtle Street to Chester Avenue) Sewer Repair - Phase I, was com- pleted on January 19, 1988, Contract No. 87-156. Brundage Lane Sewer Repair - Phase II, Contract No. 87-177, was completed on January 19, 1988. Shadow Ridge Apartments, College Avenue, East of Review No. 5085, Unit A, January 15, 1988. located at or near Fairfax, Site Plan was completed on Construction of Planz Park Drainage Basin Pump Station, Contract No. 87-150, was completed on January 21, 1988. Bakersfield, California, February 3, 1988 - Page 8 qe Parcel Map No. 7670, located at or near White Lane and Ashe Road, City Contract No. 87-280, was completed on January 24, 1988. Application for Encroachment Permit from Elmer F. Karpe, Inc., 4000 Ming Avenue, requesting approval for a 3 foot street right-of-way encroachment for a roof overhang, pipe columns and cement plastered wall at 2900 "L" Street. Approval of plans and specifications for traffic signal on Fairfax Road at Panorama Drive. Approval of plans and specifications for traffic signal system on "Q" Street at west Columbus Street. Approval of plans and specifications for widen- ing and resurfacing Harris Road between Stine Road and Julie Street, resurfacing Ivan Street between Sandra Drive and Balboa Drive and on Dore Street between Burwood Avenue and Planz Road. Contract Change Order Nos. 17, 20, 37, and 47, Union Avenue Overhead, City Contract No. 85-250. Request from Sequoia Engineering, Inc. for time extension to construct improvements under Improvement Agreement No. 86-59 for Parcel Map 7794 to February 7, 1989, adjacent to South "H" Street between Pacheco Road and Faith Avenue. Agreements to provide recreational activities by the following individuals: 1. Contract No. 88-22 with Valerie Cortinovis for handspinning. 2. Contract No. 88-23 with Omar Dunn for rollerskating. 3. Contract No. 88-24 with Gail Mahan for sign language. 4. Contract No. 88-25 with Terri Markovits for cake decorating. 5. Contract No. 88-26 with Kenneth Rosson for karate. 6. Contract No. 88-27 with Sue Olson for stenciling. Revision to City Standard Drawing Commercial Driveway S-2 and Street Sign S-40. Agreement with County of Kern for sewer mainte- nance and sewerage transport, treatment and disposal for Tract 4908, located at Palm Avenue and Jewetta Avenue. (RECEIVE AND REFER TO INTERGOVERNMENTAL RELATIONS COMMITTEE) Contract No. 88-28, Grant Amendment No. 1 to Agreement No. 87-268 with Economic Development Administration allowing for extension of con- struction period from 12 to 18 months for expansion of Wastewater Treatment Plant No. 3. Bakersfield, California, February 3, 1988 - Page 9 Upon a motion by Councilmember Ratty, Items a, b, c, d, e, f, g, h, i, j, k, 1, m, n, o, p, q, r, s, and t of the Consent Calendar were adopted by the following vote: Ayes: Noes: Absent: Councilmembers Smith, Chikds, DeMond, Ratty, McDermott, Salvaggio None Mayor Payne Peterson, ACTION ON BIDS Upon a motion by Councilmember McDermott, low bid from S. A. Camp Pump Co. in the amount of $15,439.00 to Furnish and Install Deepwell Turbine Pump and Motor for Ashe Water Well No. was accepted, all other bids rejected and the Mayor was author- ized to execute Contract No. 88-29. 18. Upon a motion by Councilmember DeMond, low bid from Tri-County Roofings, in the amount of $16,600.00 for Base Bid A Roof Repair (recover) at Fire Station No. 7 was accepted, all other bids rejected and the Mayor was authorized to execute Contract No. 88-30. Upon a motion by Councilmember McDermott, bid from H.V. Carter, in the amount of $40,167.64 for Gasoline Powered Mowing Tractor for Parks (Replacement), was accepted. Upon a motion by Councilmember DeMond, low bid from Granite Construction in the amount of $166,420.00, for Annual Contract for Select Road Material and Oil Sand for Public Works, was accepted, all other bids rejected and the Mayor was authorized to execute Contract No. 88-31. Upon a motion by Councilmember Peterson, low bid from Industrial Asphalt, in the amount of $144,425.00, for Annual Contract for Type "B" Asphalt Concrete for Streets Division, was accepted, all other bids rejected and the Mayor was authorized to execute Contract No. 88-32. Upon a motion by Councilmember Salvaggio, low bid from American Fence of California, in the amount of $26,885.00, for Annual Contract for Fencing for Ag Water, was accepted, all other bids rejected, and the Mayor was authorized to execute Contract No. 88-33. DEFERRED BUSINESS Adoption of Ordinance No. 3141 of the Council of the City of Bakersfield amend- ing Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the north- east corner of Old River Road and White Oak Drive from an R-3 (Limited Multiple Family Dwelling) and an R-2 (Limited Multiple Family Dwelling) Zone to an R-1 (One Family Dwelling) Zone. This Ordinance was given First Reading at the meeting of January 20, 1988. Bakersfield, California, February 3, 1988 - Page 10 Upon a motion by Councilmember Ratty, Ordinance No. 3141 of the Council of the City of Bakersfield was adopted by the fol- lowing vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: Mayor Payne Ratty, Peterson, NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield amend- ing Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the south side of Brimhall Road approximately 1,600 feet west of Coffee Road from an M-2 (General Manufacturing) Zone to R-1 (One Family Dwelling) and R-3 (Limited Multiple Family Dwelling) Zones. First Reading of an Ordinance of the Council of the City of Bakersfield amend- ing Section 17.06.202 of Chapter 17.06 (Zoning Map) of the Bakersfield Municipal Code of the City of Bakersfield regarding pre-zoning of property known as a portion of the Berkshire No. 1 Annexation. First Reading of an Ordinance of the Council of the City of Bakersfield amend- ing Section 2.72.220 A. of the Bakersfield Municipal Code relating to Reinstatement, and a proposed change to the Miscellaneous Rules and Regulations regarding Reinstatement. Upon a motion by Councilmember McDermott, changes to the Miscellaneous Civil Service Rules and Regulations regarding Reinstatement, were approved. Adoption of Resolution of Intention No. 1037 of the Council of the City of Bakersfield calling a Public Hearing to determine whether public necessity, health, safety or welfare requires forma- tion of an Underground Utility District within designated area (District No. 2, Division 16) East Planz Road between Union Avenue and Madison Street. This Resolution sets the date of hearing for February 24, 1988. Upon a motion by Councilmember Salvaggio, Resolution of Intention No. 1037 was adopted by the following vote: Ayes: Councilmembers Smith, DeMond, Ratty, Peterson, McDermott, $alvaggio. Noes: None Abstain: Councilmember Childs Absent: Mayor Payne Bakersfield, California, February 3, 1988 - Page 11 Adoption of Resolution of Intention No. 1038 of the Council of the City of Bakersfield calling a Public Hearing to determine whether public necessity, health, safety or welfare requires formation of an Underground Utility District within designated area (District No. 2, Division 17) Watts Drive between Union Avenue and Madison Street. This Resolution sets the date of hearing for February 24, 1988. Upon a motion by Councilmember Salvaggio, Resolution of Intention No. 1038 was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio None Mayor Payne Peterson, Adoption of Resolution of Intention No. 1039 of the Council of the City of Bakersfield calling a Public Hearing to determine whether public necessity, health, safety, or welfare requires for- mation of an Underground Utility District within designated area (District No. 2, Division 18) East White Lane, from Union Avenue to 3/4-mile east. This Resolution sets the date of hearing for February 24, 1988. Upon a motion by Councilmember Salvaggio, Resolution of Intention No. 1039 was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Smith, ChiLds, DeMond, McDermott, Salvaggio None Mayor Payne Ratty, Peterson, Adoption of Resolution of Intention No. 1040 of the Council of the City of Bakersfield calling a Public Hearing to determine whether public necessity, health, safety or welfare requires forma- tion of an Underground Utility District within designated area (District No. 2, Division 19) Gosford Road between Stockdale Highway and Camino Media. This Resolution sets the date of hearing for February 24, 1988. Upon a motion by Councilmember Childs, Resolution of Intention No. 1040 was adopted by the following vote: Ayes: Councilmembers Smith, ChiLds, DeMond, McDermott, Salvaggio Noes: None Absent: Mayor Payne Ratty, Peterson, Bakersfield, California, February 3, 1988 - Page 12 Adoption of Resolution of Intention No. 1041 of the Council of the City of Bakersfield calling a Public Hearing to determine whether public necessity, health, safety or welfare requires formation of an Underground Utility District within designated area (District No. 2, Division 20) Ashe Road between Ming Avenue and Sanders Lane. This Resolution sets the date of hearing for February 24, 1988. Upon a motion by Councilmember Peterson, Resolution of Intention No. 1041 was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: Mayor Payne Ratty, Peterson, Adoption of Resolution of Intention No. 1042 of the Council of the City of Bakersfield declaring its intention to order the vacation of 9th Street between "H" and "I" Streets and a portion of the alley in Block 48 in the City of Bakersfield. This Resolution sets the date of hearing for February 24, 1988. Upon a motion by Councilmember Childs, Resolution of Intention No. 1042 was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: Mayor Payne Ratty, Peterson, Adoption of Resolution No. 9-88 of the Council of the City of Bakersfield setting the time and date for hearing a report of the Building Director concerning the dem- olition of dangerous buildings, and hearing protests or objections thereto. This Resolution sets the date of hearing for February 17, 1988. Upon a motion by Councilmember McDermott, Resolution No. 9-88 was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio None Mayor Payne Peterson, Bakersfield, California, February 3, 1988 Page 13 ~5~ Adoption of Resolution No. 10-88 of the Council of the City of Bakersfield approving the Memorandum of Understanding for employees of the Blue and White Collar Units of the City of Bakersfield, adopting Salary Schedule, and adopting Schedule of Paid Holidays for the Management Unit and General Supervisory Unit, the Police Supervisory Unit, and the Fire Supervisory Unit. Upon a motion by Councilmember Childs, Resolution No. 10-88 and Contract No. 88-34 were adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: Mayor Payne Ratty, Peterson, Approval of Agreement No. 88-35 for Installation, Maintenance, Operation and Conveyance of Underground Telephone Facilities between the City of Bakersfield and Pacific Bell (Assessment District No. 86-2 - Rancho Laborde). Upon a motion by Councilmember Peterson, Agreement No. 88-35 was approved, and the Mayor was authorized to execute the Agreement. Approval of Agreement No. 88-36 with Paci[ic Bell to relocate facilities in Assessment District 86-1 (Panorama and Morning Drives). Upon a motion by Councilmember DeMond, Agreement No. 88-36 was approved, and the Mayor was authorized to execute the Agreement. Agreement No. 88-37 regarding Sewer Extension Reimbursement Agreement between the City o~ Bakersfield, Sierra Building Corporation, and Wayne L. Vaughn, Sr. Upon a motion by Councilmember Ratty, Agreement No. 88-37 was approved, and the Mayor was authorized to execute the Agreement. Mid-Year Financial Review - General Fund. Upon a motion by Councilmember McDermott, the Mid-Year Financial Review was received and placed on file. Three (3) vacancies on the Kern County Homeless Coalition Task Force. Upon a request by Councilmember Childs, the names of Cris Thompson, Hal Aaron, and Joe Columbo were withdrawn from nomination to the Homeless Coalition Task Force. Upon a motion by Councilmember Childs, Donald Katherine Edwards, and the Bethany Service Center were to the Homeless Coalition Task Force. Caylor, appointed Councilmember Childs clarified his vote to express the Council's recognition and concern of the problem of homelessness in Bakersfield. Bakersfield, California, February 3, 1988 - Page 14 COUNCIL STATEMENTS City Attorney's Office. Councilmember McDermott made comments regarding proce- dures for hiring a City Attorney. Upon a motion by Councilmember McDermott, the Personnel Director was directed to immediately post the opening of the position of City Attorney, all applications to be accepted and brought back for review in Closed Session on March 2, 1988, by the tollowing vote: Ayes: Councilmembers Smith, Childs, Ratty, Noes: Councilmembers DeMond, $alvaggio Absent: Mayor Payne Peterson, McDermott Upon a motion by Councilmember Childs, the issue of recruitment of an Economic Development Director was referred to Personnel Committee with staff to report back to the Council immediately with recommendations. Upon a motion by Councilmember Peterson, reconsideration of the vote on Councilmember McDermott's motion to direct the Personnel Committee to immediately post the opening of the positicn of the City Attorney, with all applications to be accepted and brought back for review in Closed Session on March 2, 1988, was approved by the following vote: Ayes: Noes: Absent: Councilmembers Smith, DeMond, Ratty, Peterson, Salvaggio Councilmembers Childs, McDermott Mayor Payne Councilmember McDermott restated his motion to direct the Personnel Director to immediately post the opening of the position of City Attorney and, that all applications be accepted and brought back to the Council for review in Closed Session on March 2, 1988. This motion failed by the following vote: Ayes: Councilmembers Childs, Ratty, McDermott Noes: Councilmembers Smith, DeMond, Peterson, Absent: Mayor Payne Salvaggio Upon a motion by Councilmember Peterson, the call for the question was approved. Upon a motion by Councilmember Salvaggio, staff was directed to recommend outside help from a City Attorney from another City for the interview process which is to begin February 24, 1988 within the Bakersfield City Attorney's Office, by the following vote: Ayes: Noes: Absent: Councilmembers Smith, Demond, Ratty, Peterson, McDermott, Salvaggio Councilmembers Childs Mayor Payne Interim City Manager Hawley stated that the issue of selecting an outside City Attorney will be placed on the Agenda for the February 17, 1988 meeting. Councilmember Smith clarified her vote, stating that she feels that the Council will select the best possible person to till the position of City Attorney. Councilmember Peterson clarified his vote, stating that he feels that the current staff of the City Attorney's Office are qualified to interview for the position of City Attorney. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember DeMond the meeting was adjourned at 9:21 p.m. MAYOR of the City of Bak~rsfield, Calif. ATTEST: CITY CLERK and Ex O~ficio Clerk of the Council of the City of Bakersfield, Calitornia jlm