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HomeMy WebLinkAbout02/17/1988 MINUTES CCBakersKield, California, February 17, 1988 Minutes of the Special Meeting of the City Council oK the City oK Bakersfield, California, for the purpose of a Workshop held in the Basement Conference Room oK the Annex Building, City Hall at 5:20 p.m., February 17, 1988. The meeting was called to order by Mayor Payne. City Clerk Williams called the roll as follows: Present: Mayor Payne. Councilmembers Childs, DeMond, Smith (seated at 5:30 p.m.), Peterson, McDermott, Salvaggio Absent: Councilmember Ratty AGGREGATE MATERIALS IN THE BAKERSFIELD PRODUCTION-CONSUMPTION REGION DeWayne Holmdahl, State Board of Mines and Geology, and Russell V. Miller, spoke regarding requirements oK the Surface Mining Reclamation Act. COMMUNITY DEVELOPMENT BLOCK GRANT 10 YEAR REPORT Stan Grady, Community Development Coordinator, presented the booklet and d~scussed the material. ADJOURNMENT There being no Kurther business to come before the Council, the meeting adjourned at 6:10 p.m. MAYOR oK the City o~ Bakei~Kield, Calif. ATTEST: CITY CLERK and Ex O~ticio Clerk o~ the Council ot the City oK Bakersfield, CaliKornia jlm Bakersfield, California, February 17, 1988 Minutes of the Special Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 6:00 p.m., February 17, 1988. The meeting was called to order by Mayor Payne. City Clerk Williams called the roll as follows: Present: Mayor Payne. Councilmembers Childs, Smith, Peterson, McDermott, Salvaggio Absent: Councilmembers DeMond, Ratty CLOSED SESSION a. Closed Session pursuant to Government Code Section 54957 regarding Labor Negotiations with City o~ Bakersfield's Chief Negotiator. b. Closed Session pursuant to Government Code Section 54957 regarding Personnel Matters - City Attorney. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Childs, the meeting adjourned at 7:00 p.m. MAYOR of the City o~ B~'kerstield, Calif. ATTEST: CITY CLERK and Ex Ot[icio Clerk ot the Council ot the City o~ Bakersfield, California jim Bakersfield, California, February 17, 1988 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers City Hall at 7:00 p.m., February 17, 1988. of The meeting was called to order by Mayor Payne followed by the Pledge of Allegiance and Invocation by Mr. Randy Rankin, Trustee, Board of Deacons, First Assembly of God Church. City Clerk Williams called the roll as follows: Present: Absent: Mayor Payne. Councilmembers Smith, Childs, DeMond, Peterson, McDermott, $alvaggio Councilmember Ratty PUBLIC STATEMENTS Fred McKenna, President, Downtown Business Association, 1401 19th Street, spoke regarding his support of the Homeless Day Center. Pearl Deans, 228 "T" Street, spoke regarding demolition of the structure at 928 "K" Street. She spoke again under Hearings. Dennis Fox, 918 Blossom Street, spoke regarding his opposition to Fireworks Stand siting. Joanne Wilhite, Representative, Golden State Mobile Home Owners League (G.S.M.0.L.), 1000 West Columbus, invited the Council and public to attend a Town Hall Meeting on February 27, 1988, at 1:00 p.m. at Longfellow School. Vi Mortson, Regional Director for Region 15 of the Golden State Mobile Home Owners League, 600 West Columbus, encouraged the Council and public to attend the Town Hall Meeting on February 27, 1988, at 1:00 at Longfellow School. HEARINGS This is the time set for a public hearing before the Council of the City of Bakersfield for consideration ot the report by the Building Director specifying work done, cost o~ work and description of property upon which dangerous buildings have been demolished, and hearing pro- tests or objections thereto. Assistant City Manager Pulskamp briefed the Council. Mayor Payne declared the hearing open for public par- ticipation. Pearl Deans, 228 "T" Street, stated her dissatisfaction with the cost of the demolition ot 928 "K" Street. Johnnie Astorga for spoke regarding her concerns Avenue. Paul Crafton, 1012 Water Street, over the demolition of 1409 Potomac Frank Watts, 1204 Murdock Street, spoke regarding his dissatisfaction of the demolition of 239 Clyde Street. Bakersfield, California, February 17, 1988 Page 2 Mel (A1) Pierro, 2301 "B" Street, spoke regarding his opposition to the demolition of the structure at 2301 "B" Street. Pearl Deans, Johnnie Astorga, and Frank Watts spoke with Building Director Bidwell and reached an understanding oK the costs incurred and the process for payment thereof. Upon a motion by Councilmember Childs, the meeting was recessed at 7:40 p.m. and reconvened at 7:55 p.m. Upon a motion by Councilmember Childs, Resolution No. 11-88 confirming assessment for demolition ot Dangerous Buildings, with the exception of the property owned by Frank and Lena Watts at 229 Clyde Street, and the property owned by Clare Jeffries at 928 "K" Street, was adopted by the tollowing vote: Ayes: Noes: Absent: Councilmembers Smith, ChiLds, DeMond, McDermott, Salvaggio None Councilmember Ratty Peterson, Upon a motion by Councilmember Childs, Mr. Alfred Pierro was recognized to speak before the Council. Upon a request by Mr. Pietro, Staff was directed to provide Mr. Pierro with a complete accounting of all costs associated with the demolition of each of his structures. REPORTS Councilmember Childs read Auditorium and Community Services Committee Report No. 1-88 regarding Liquor Sales at the Civic Auditorium as follows: On November 24, 1987, a letter was received from C. O. Todahl representing the Kern Federal Credit Union, requesting exemption from using California Sportservice, Inc., to provide liquor at their annual dinner/dance. This request was placed on the Council Agenda on December 2, 1987, and referred to the Auditorium and Community Services Committee. The Committee has met with staff to discuss this issue. It was noted that the City of Bakersfield is currently under contract with California Sportservice, Inc., giving them exclusive rights to all beverage sales at the Civic Auditorium. Based on the above information and further deli- berations, it is the recommendation of this Committee that due to contract restraints we cannot honor this request. Upon a motion by Councilmember Childs, Auditorium and Community Services Report No. 1-88 was accepted. Upon a motion by Councilmember Childs, the recommenda- tions were implemented. Councilmember Smith read Auditorium and Community Services Committee Report No. 2-88 regarding Collection of Consumer-Used Oil as follows: A request by Mr. Daniel Kaplan regarding collection of consumer-used drain oil was referred to the Auditorium and Community Services Committee. The Committee met with Mr. Kaplan and staff to discuss this issue. In addition, contact was made with City and County Hazardous Materials Division for their input. Bakersfield, California, February 17, 1988 - Page 3 In compliance with federal regulations, the County Board of Supervisors has directed an eleven member advisory committee to identify a program for the safe management of household hazardous wastes. As the lead agency, the County will insure that all cities are informed and pre- pared for implementation. Based on the above information it is this Committee's recommendation that the City of Bakersfield continue to rely on County Agencies for implementing and regulating the household hazardous waste program. Upon a motion by Councilmember Smith, Auditorium and Community Services Report No. 2-88 was accepted and filed. Councilmember Peterson, Chairman of the Auditorium and Community Services Committee, read Report No. 3-88 regarding Growth Restriction o~ Mimosa Trees as follows: At the December 16, 1987, City Council meeting, the issue ot regulating the planting and pruning o~ Mimosa Trees within the City limits was referred to the Auditorium and Community Services Committee for review and recom- mendation. This Committee met on January 29, 1988, and after con- siderable discussion and research, it was determined that Mimosa Trees are not illegal to plant within the City and that requiring seasonal pruning would be impractical to enforce. This Committee realizes that leaves, seeds and debris from various trees can become an inconvenience to adjoining property owners. This variety is one of the most popular selling trees in the inland valley of Southern California with many planted on private and public properties in Bakersfield. This Committee recommends no additional action on this issue. Upon a motion by Councilmember Peterson, Auditorium and Community Services Committee Report No. 3-88 was received. Councilmember Peterson, Chairman of the Auditorium and Community Services, read Report No. 4-88 regarding Lease o~ Central Park Pool as follows: At the December 2, 1987, City Council meeting, the issue o~ leasing Central Park Pool was re~erred to the Auditorium and Community Services Committee. On February 4, 1988, the Committee met with staff and rep- resentatives o~ concerned organizations to discuss this issue. It was determined that for the past two or more years the Kern Acquatics Club has not been using the pool except to lease it ~or four months each year to the Kern County High School District. In addition, City Recreation state has expressed a desire to incorporate the pool into their acquatics program. Bakersfield, California, February 17, 1988 - Page 4 "{{)~ Based on the above information, it is the recommendation of this Committee to terminate the lease with Kern Acquatics Club by giving a 90-day written notice of ter- mination. It is further recommended that the Central Park Pool be operated by the City Parks and Recreation Division which will make the pool available to community organizations by agreement. Upon a motion by Councilmember Peterson, the issue of Leasing Central Park Pool was referred back to the Auditorium and Community Services Committee to report back to Council at a later date. Councilmember Childs directed staff to notify all interested parties ot the Council's actions. Councilmember Childs, Chairman of the Personnel Committee, read Report No. 2-88 regarding Interim Report on Civil Service Study as follows: The Personnel Committee met on February 2, 1988, to dis- cuss draft report on the City's Civil Service System. The Committee will continue to study the report. It will also be meeting with community groups that have shown interest in the issue for the purpose of getting input before final recommendations are presented to the Council. Councilmember Childs stated that Personnel Committee Report No. 2-88 is for informational purposes only. Councilmember DeMond read Personnel Committee Report No. regarding Reinstating Job Specifications for Street Maintenance Superintendent (864), as follows: At its meeting on February 2, 1988, the Personnel Committee approved reinstatement of the Street Maintenance Superintendent position and deletion of the Civil Engineer IV (Streets) position from the salary schedule. This action has also been approved by the Miscellaneous Civil Service Board. The Committee recommends that the Council approve the attached Salary Resolution to complete this action. 3-88, Upon a motion by Councilmember DeMond, Personnel Committee Report No. 3-88 was accepted. Upon a motion by Councilmember DeMond, recommendations were implemented. Adoption of Resolution No. 12-88 of the Council of the City of Bakersfield Amending Resolution No. 23-87 Setting Salaries and Related Benefits for Officers and Employees of the City of Bakersfield. Upon a motion by Councilmember DeMond, Resolution No. 12-88 was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Smith, Childs, Salvaggio None Councilmember Ratty DeMond, Peterson, McDermott, Bakersfield, California, February 17, 1988 Page 5 Councilmember McDermott read Budget and Finance Committee Report No. 8-88, regarding Reviewing Funding of Maintenance Services, as follows: The Budget and Finance Committee has met to review the desirability of conducting a City-wide survey regarding the funding of maintenance services as recommended by the Task Force. The Committee reviewed this matter and discussed narrowing the scope of the survey to include only park and landscape maintenance. It was noted by staff that this service is the most unequal in the recovery ot associated costs and is of the greatest public interest, particularly for citizens who reside in existing park and landscape maintenance districts. The Committee thought the proposed survey should be simplified by focusing on one service area rather than including the additional maintenance services of street lighting, uncurbed street maintenance, alley maintenance, drainage maintenance, and street sweeping. The Committee feels a City-wide survey pertaining to park and landscape maintenance, which would request various citizen preferences and present various alternative methods for providing and fund- ing park and landscape maintenance, would provide useful information for use by the Task Force and ultimately the Council. Therefore, this Committee recommends that the Task Force proceed with the formulation of a City-wide survey for park and landscape maintenance services. It is understood that prior to conducting the actual survey, the Task Force will provide the Council with the proposed questionnaire for their review and comment. Upon a motion by Councilmember McDermott, Budget and Finance Committee Report No. 8-88 was accepted. Upon a motion by Councilmember McDermott, recommendations were implemented. Councilmember Childs read Budget and Finance Committee Report No. 9-88, regarding Service Authority for Freeway Emergencies, as follows: The Budget and Finance Committee has met to review the desirability of creating a Service Authority for Freeway Emergencies (SAFE). The Service Authority would provide emergency call boxes throughout Kern County and would be ~unded by add- ing $1.00 to motor vehicle registration fees col- lected by the Department of Motor Vehicles. The Authority would be made up of seven (7) members, two (2) selected by the Board of Supervisors and the remaining five (5) selected jointly by the cities. Bakersfield, California, February 17, 1988 - Page 6 °~() ~' The Committee previously reviewed this matter and requested that the ~unding of the SAFE be included in a survey being conducted by the Bakersfield Chamber of Commerce for the 1/2 cent sales tax for road improvements. We have received the results o~ the survey which show that county-wide, 55% support and 38% oppose the additional $1.00 ~ee ~or the call boxes. In the Bakerstield area, 58% of respondents support the call box program. Therefore, based upon this additional information and the ~act that eight other Kern County cities have adopted resolutions in support ot establishing the Service Authority, this Committee recommends that the attached resolution be adopted requesting the establishment of a Service Authority for Freeway Emergencies by the County of Kern. Upon a motion by Councilmember Childs, Budget and Finance Committee Report No. 9-88 was accepted. Upon a motion by Councilmember Childs, recommendations were implemented. Adoption ot Resolution No. 13-88 o~ the Council o~ the City of Bakersfield Providing tor the Establishment of a Service Authority tot Freeway Emergencies. Upon a motion by Councilmember Childs, Resolution No. 13-88 was adopted by the tollowing vote: Ayes: Councilmembers Smith, Childs, Salvagglo Noes: None Absent: Councilmember Ratty DeMond, Peterson, ~4c De rmo t 15, Councilmember McDermott read Budget and Finance Committee Report No. 10-88, regarding Request ~or Rental Reduction for Tandoor India Restaurant, as tollows: The Budget and Finance Committee has met to review a request by Tandoor India restaurant ~or a reduc- tion in rent. The existing lease was executed in November o~ 1985 tot a two year period with a one year option. During the term, the City has approved one substantial rental rate reduction establishing a rental amount which includes a base rent and a percentage of gross sales. The current request is to further reduce the rent by eliminating the "percentage of gross sales" and charging only the base amount. The current rental is slightly below market rates in the area. A ~urther reduction would place pri- vately owned property at a competitive disadvantage when trying to attract tenants. Further, assisting a start-up business by reducing overhead costs is a technique that should only be continued ~or a short period o~ time. Continuous assistance or increased assistance does not encourage the development of a strong business entity. While it is important to provide some assistance to businesses in the down- town so businesses such as the current operation can continue to contribute to the tax base, the Committee feels a tufther reduction in rent is not advisable at this time. Bakersfield, California, February 17, 1988 - Page 7 Therefore, it is the recommendation of this Committee that the rental rate remain as it is currently structured and not be further reduced. Upon a motion by Councilmember McDermott, Budget and Finance Committee Report No. 10-88 was accepted. Upon a motion by Councilmember Smith, Council considered the issue of an oral report by Chief Needham regarding a gas tank leak at Rio Bravo Fire Station an emergency item that arose after the agenda was prepared. Chief Needham briefed the Council on the status of a gas tank leak at Rio Bravo Fire Station and presented pictures. It was determined that the leak was due to a loose fitting pipe cupling. Twining Laboratories has begun testing. Chief Needham stated that he will continue to inform the Council of any further findings. He then answered questions of the Council. CONSENT CALENDAR The following items were listed on the Consent Calendar: a. Approval ot Warrant Nos. 5220 to 5567 inclusive, in the amount Of $1,358,316.69. Communication froln Bernadine Nixon, 2215 Calloway Drive, dated January 29, 1988, in sup- port of the Homeless Shelter at 1530 E. Truxtun Avenue. (RECEIVE AND REFER TO COMMUNITY DEVELOPMENT) Communication from Bakersfield Memorial Hospital, P. O. Box 1888, Bakersfield, 93303-1888, dated January 27, 1988, regarding the handling of Bakersfield Memorial Hospital's request for Comprehensive Sign Plan Approval. (RECEIVE AND REFER TO PLANNING DIVISION) Communication from Piccadilly Cafeterias, Inc., P. O. Box 2467, Baton Rouge, LA, 70821, dated February 1, 1988, requesting the abandonment of the alley way located between 33rd and 34th Streets, east of San Dimas Street. (RECEIVE AND REFER TO PLANNING COMMISSION) Communication from East Bakersfield Business Association, P. O. Box 3399, Bakersfield, dated February 4, 1988, in support of the Penzoil building as the site for the Homeless Shelter. (RECEIVE AND REFER TO COMMUNITY DEVELOPMENT) f. Claim for Damages and Personal Injuries froin the following: 1. Marilyn Minor, 3125 Cudahy Street, Huntington Park; 2. Kathleen A. Grady-Smith, 6104 Castlepoint Street; 3. Keith Donald Smith, 6104 Castlepoint Street; 4. Avis Rapanot, 314 Beech Street; 5. Eric Buchanan, c/o 5001 E. Commerce Center Drive, Suite 290; 6. Mr. and Mrs. Jerry Ellis, 1916 Verde Street; 7. Cody William Janetti Morris, 8000 Kroll Way, ~17; and 8. Leonard L. Winters, 137 Aquarius Court. (RECEIVE AND REFER TO CITY ATTORNEY) Bakersfield, California, February 17, 1988 - Page 8 ~%~) g. Dedication of Properties: Sewer Line Easement from O~fice Park Drive Partnership located south of Office Park Drive, east of Commerce Drive. 2 o Street Right of Way Deed from Edwin W. Wilson, Doris J. Wilson and Kenneth D. Raak for a portion of Morning Drive, north of Highway 178, and a portion of Panorama Drive, east of Morning Drive. h. Notices of Completion and Acceptance of Work for: Widening and resurfacing of Panama Lane from South "H" Street to Monitor Street, Contract No. 87-172, was completed on January 27, 1988. Construction of storm drain on Akers Road between Planz and Wilson Road, Contract No. 87-179, was completed on February 1, 1988. Removing and disposing of thirteen abandoned underground tanks at various locations on City-owned property, Contract No. 87-21, was completed on February 9, 1988. Approval of plans and specifications for resur- facing Pacheco Road ~rom South "H" Street to Eve Street. Approval o~ plans and specifications for con- struction of a traffic signal system on Ashe Road at North Halfmoon Drive. Approval of plans and specifications for con- struction of sewer system in Assessment District 87-3 (Garnsey, Akers, Wible, and Mesa Grande). 1. Contract Change Order Nos. 23, 31, 35A, 48 and 51, Union Avenue Overhead, Contract No. 85-250. m. Full Reconveyance ~or Home Improvement Deferred Loan for Pearlie Mae Robinson. Accept low bid of Kenneth Endes for the con- struction of sidewalk on Stockdale Highway bet- ween McDonald Way and the Stine Canal in the amount ot $13,980.00, reject all other bids and authorize the Mayor to execute Contract No. 88-38. Upon a motion by Councilmember DeMond, Items a, b, c, d, e, f, g, h, i, j, k, 1, m, and n of the Consent Calendar were adopted by the following vote: Ayes: Noes: Absent: Councilmembers Smith, Childs, DeMond, Peterson, McDermott, Salvaggio None Councilmember Ratty ACTION ON BIDS Upon a motion by Councilmember Salvaggio, low bid from Tescon, in the amount of $477,625.00, for Construction of Street Improvements on South "H" Street from White Lane to Panama Lane, for the base bid and alternatives A, B & C, appropriate developers share of project cost of $223,830.00 within the Gas Tax Fund was accepted_ all other bids rejected, and the Mayor authorized to execute Tontract No. BB-39. Bakersfield, California, February 17, 1988 - Page 9 Upon a motion by Councilmember Childs, low bid from Three Way Chevrolet, in the amount of $36,550.53, for Dump Truck (Replacement) for Parks, was accepted and all other bids rejected. Adoption of Resolution No. 14-88 of the Council of the City of Bakersfield deter- mining that certain Microwave Communication Parts can be reasonably obtained from only one vendor, Motorola C & E, Inc. and authorizing the Finance Director to dis- pense with bidding therefor, not to exceed $43,000.00. Upon a motion by Councilmember Peterson, Resolution No. 14-88 was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Smith, Childs, DeMond, Peterson, McDermott, Salvaggio None Councilmember Ratty Adoption of Resolution No. 15-88 of the Council of the City of Bakersfield deter- mining that certain investment software can be reasonably obtained from only one vendor, SymPro, Inc., and authorizing the Finance Director to dispense with bidding therefor, not to exceed $12,000.00. Upon a motion by Councilmember McDermott, Resolution No. 15-88 was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: Councilmember Ratty Peterson, DEFERRED BUSINESS Adoption of Zoning Resolution No. 357 of the Council of the City of Bakersfield denying the appeal from the decision of the Planning Commission denying the application of Simpson-Vancuren, Inc. to amend Title Seventeen of the Bakersfield Municipal Code by changing the land use zoning of those certain properties in the City of Bakersfield located at the southeast corner of 24th and Oak Streets from C-O-D to PCD consisting of neighbor- hood shopping center of approximately 50,240 gross square feet of retail use and 8,466 gross square feet of restaurant use. This Zoning Resolution sets forth the decision of the Council following the Appeal Hearing on this matter held on January 20, 1988. Upon a motion by Councilmember Peterson, Zoning Resolution No. 357 was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Smith, Childs, DeMond, Peterson, McDermott, Salvaggio None Councilmember Ratty Bakersfield, California, February 17, 1988 - Page 10 Adoption of Ordinance No. 3142 of the Council of the City of Bakersfield Amending 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. This Ordinance was given first reading at the meeting of February 3, 1988. Upon a motion by Councilmember Childs, Ordinance No. 3142 was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: Councilmember Ratty Peterson, Adoption of Ordinance No. 3143 of the Council of the City of Bakersfield amending 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. This Ordinance was given first reading at the meeting of February 3, 1988. Upon a motion by Councilmember Peterson, Ordinance No. 3143 was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: Councilmember Ratty Adoption of Ordinance No. 3144 of the Council of the City of Bakersfield Amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of prop- erty known as a portion of the Berkshire No. 1 Annexation. This Ordinance was given first reading at the meeting of February 3, 1988. Upon a motion by Councilmember Salvaggio, Ordinance No. 3144 was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Smith, Childs, DeMond, Peterson, McDermott, Salvaggio None Councilmember Ratty NEW BUSINESS ¥'i~t Reading of an Ordinance ot the Council of the City of BakersCield Approving a Formal Agreement Relating to a Public Leaseback by and between the City of Bakersfield and the City of Bakersfield Public Facilities Corporation. 372 Bakersfield, California, February 17, 1988 - Page 11 First Reading of an Ordinance of the Council of the City of Bakersfield adding Section 1.08.020 to the Bakersfield Municipal Code relating to use of the City Seal. First Reading of an Ordinance of the Council of the City of Bakersfield amending Section 3.20.126 of the Bakersfield Municipal Code relating to lease of spaces in City-owned parking lots and parking facilities, of City property at the Bakersfield Airpark, and of City-owned downtown business properties. First Reading of an Ordinance of the Council of the City of Bakersfield Adding Section 13.04.265 to the Bakersfield Municipal Code relating to addition of territory to maintenance districts. First Reading of an Ordinance of the Council of the City of Bakersfield amend- ing Section 8.44.040 E.4. to the Bakersfield Municipal Code relating to Fireworks. Adoption of Resolution No. 16-88 of the Council of the City of Bakersfield set- ting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units. Acting City Attorney Saalfield recommended that the Resolution be adopted with the deletion of Section 5 on Page 3 which should be referred to the Budget and Finance Committee. Section 5 reads as follows: 1988 Health Insurance Premium Increases for Retired Employees. The 1988 health premium increases for qualified retired employees shall be fully paid by the City from the medical reserve account. Upon a motion by Councilmember Childs, Resolution No. 16-88 was adopted with the recommended changes by the following vote: Ayes: Noes: Absent: Councilmembers Smith, Childs, DeMond, McDermott, $alvaggio None Councilmember Ratty Peterson, Adoption of Resolution No. 17-88 of the Council of the City of Bakersfield order- ing changes and modifications to the Engineer's Report for Assessment District No. 86-2 (Rancho Laborde). Ed Wilson, Wilson and Associates, Assessment Engineer for Assessment No. 86-2, spoke regarding the changes to the Engineer's Report and answered questions. Bakersfield, California, February 17, 1988 - Page 12 Upon a motion by Councilmember Peterson, Resolution No. 17-88 was adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, DeMond, Salvaggio None Councilmember Childs Councilmember Ratty Peterson, McDermott, Councilmember Childs clarified his vote to indicate that he is supportive of this project, but still has some questions. Adoption of Resolution No. 18-88 of the Council of the City of Bakersfield, Providing for the Issuance of Improvement Bonds for City of Bakersfield Assessment District 86-2, Series C (Rancho Laborde). Upon a motion by Councilmember DeMond, Resolution No. 18-88 was adopted by the following vote: Ayes: Councilmembers Smith, DeMond, $alvaggio Noes: None Abstain: Councilmember Childs Absent: Councilmember Ratty Peterson, McDermott, Adoption of Resolution No. 19-88 of the Council of the City of Bakersfield Awarding Sale of Bonds in the Matter of City of Bakersfield Assessment District 86-2, Series C (Rancho Laborde). Upon a motion by Councilmember Peterson, Resolution No. 19-88 was adopted by the following vote: Ayes: Councilmembers Smith, DeMond, Peterson, McDermott, $alvaggio Noes: None Abstain: Councilmember Childs Absent: Councilmember Ratty Adoption of Resolution No. 20-88 of the Council of the City of Bakersfield Initiating Proceedings for the Annexation of Territory to the City of Bakersfield identified as Proceeding No. 948, Annexation No. 315, in accordance with LAFCO Resolution Making Determination No. 88-1 (Berkshire No. 2). This resolution initiates the proceedings for the annex- ation of Berkshire No. 2 and sets March 16, 1988 as the date for Protest Hearing on this matter. Upon a motion by Councilmember Salvaggio, Resolution No. 20-88 was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio None Councilmember Ratty Peterson, Bakersfield, California, February 17, 1988 - Page 13 Adoption of Resolution No. 21-88 of the Council of the City of Bakersfield making certain findings regarding Economic Development Activities and authorizing pre-application for available grant funds. Economic Development Director Kennon briefed the Council. Upon a motion by Councilmember Childs, Resolution No. 21-88 was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio None Councilmember Ratty Peterson, Approval of Agreement No. 88-40 with the County of Kern for installation and main- tenance of a traffic signal at the inter- section of Stockdale Highway and Allen Road. Upon a motion by Councilmember Peterson, Agreement No. 88-40 was approved and the Mayor was authorized to execute the agreement by the following vote: Ayes: Noes: Absent: Councilmembers Smith, Childs, DeMond, Peterson, McDermott, Salvaggio None Councilmember Ratty Surplus Mobile Homes Sale. Upon a motion by Councilmember McDermott, Finance Director was directed to negotiate sale of 10 surplus mobile homes to the Housing Authority of Kern County. Authorization of the sale as surplus pro- perty, a portion of City-owned Carrier Canal Lands, located along Canal North of West Columbus Street. Upon a motion by Councilmember Salvaggio, the property was declared surplus and referred to the Planning Commission. Transfer of Funds from Council Contingency to Personnel Selection and Recruitment Budget. Upon a motion by Councilmember Childs, transfer of $15,000 from Council Contingency Account to Personnel Selection and Recruitment Budget was approved by the following vote: Ayes: Noes: Absent: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio None Councilmember Ratty Peterson, Deferral of Resolution of the Council of the City of Bakersfield amending Resolution No. 208-87 encouraging the diligent pursuit of improved air quality for Kern County. Bakersfield, California, February 17, 1988 - Page 14 375 Councilmember McDermott recommended the following amend- ment to the Resolution: Sixth: By encouraging all employers in Bakersfield to provide to their work force information concerning alternate forms of transportation, (i.e. use of the Golden Empire Transit District Bus Service, car pools, van pools, or any other form of ride sharing and encourage all employers to seriously con- sider subsidizing such service for their employees. Upon a request by Councilmember Childs, this Resolution was deferred to the meeting of March 2, 1988. COUNCIL STATEMENTS Councilmember Smith thanked Trudy Thornton for producing a report regarding the possibility of using Cable TV to inform the public of upcoming events. Upon a motion by Councilmember Smith, the issue of the possibility of using Cable TV to inform the public of upcoming events was referred to the Auditorium and Community Services Committee. Councilmember Peterson complimented Community Development staff on their presentation of their improvement pro- grams and encouraged the public to contact Community Development Coordinator Grady regarding that presentation. Councilmember Salvaggio asked staff when the issue the proposed Homeless Shelter would be brought back to the Council. of Interim City Manager Hawley stated that a report from the Intergovernmental Relations Committee regarding the proposed Homeless Shelter will be on the agenda for the February 24, 1988 meeting. Councilmember Salvaggio requested that the following questions be addressed in the Intergovernmental Relations Committee Report that will be included on the agenda for February 24, 1988: Is this building on this proposed site capable of being rehabilitated? Is there a lack of sidewalks, crosswalks, curbs, gutters, stop signs and things of this nature? Please explain "City Shelter". Clarify where the funds will come from including any grants. Will this project fall under the category of Public Works? Mayor Payne received correspondence from Bone Construction, regarding the proposed Renfro Road No. 1 and referred this correspondence to the City Clerk. and Son Annexation,. Mayor Payne received 8 letters from the Good Neighborhood Committee, regarding Oswell #7 Annexation proposed Zone Change for the meeting of February 24, 1988, and referred these letters to the City Clerk. 376 Bakersfield, California, February 17, 1988 - Page 15 Councilmember Childs made a motion that the need to confer with legal counsel on the suit of Terry L. Moreland vs. City of Bakersfield, which has arisen since the agenda was prepared, will be added to the Closed Session on the Agenda. This motion was approved by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: Councilmember Ratty Peterson, Upon a motion by Councilmember DeMond, the Regular Meeting was adjourned; and the Closed Session regarding legal counsel on the suit of Terry L. Moreland vs. City of Bakersfield reconvened. Council will then adjourn that Closed Session to the Closed Session pursuant to Government Code Section 54956.9(a) regarding Sand Creek Associates vs. City of Bakersfield and Terry L. Moreland vs. City of Bakersfield, was approved by the follow- ing roll call vote: Ayes: Noes: Absent: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio None Councilmember Ratty Peterson, ADJOURNMENT There being no further business to come Council, upon a motion by Councilmember Peterson, adjourned at 12:10 p.m. before the the meeting was MAYOR o~ the City of B~kersfield, Calif. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California jlm