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HomeMy WebLinkAbout11/30/1988 MINUTES CCBakersfield, California, November 30, 1988 Minutes of a Special Meeting of the Council of the C~ty of Bakersfield, California, for the purpose of a Workshop held in the Council Chambers, City Ball, at 5:15 p.m., Nove~uber 30, 1988. Vice Mayor Smith called the meeting to order. Deputy City Clerk Zaragoza called tile roll as follows: Present: Councilmembers Childs, DeMand, Smith, Peterson, Salvaggio Absent: Mayor Payne, Councilmembers MeDer,uott, Ratty WORKSHOP A video presentation entitled Redeveloptnent, a California Success Story was presented. A redevelopment element update progress report was submitted by Economic Development Director Wager. Assistant Planner, Donna Barnes made a slide presentation. ADJOURNMENT Council, There being no the meeting was further business to come before the adjourned at 6:00 p.m. MAYOR of the City of Bakerst'i~T~ ~ A T T E S T: CITY CLERK and Ex Officio Clerk of the of the City of Bakersfield, Cal fornia Council bz Bakersfield, California, November 30, 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., November 30, 1988. The meeting was called to order by Mayor Payne followed by the Invocation by Randy Rankin, Member of the Board of Trustees, First Assembly of God Church and the Pledge of Allegiance. Deputy City Clerk Zaragoza called the roll as follows: Present: Absent: Mayor Payne. Councilmembers Childs, DeMond, Smith, Peterson, Salvaggio Councilmembers Ratty, McDermott MINUTES Upon a motion by Councilmember Childs, minutes of the Regular and Special Meetings of August 31, 1988, and the Regular and Special Meetings of September 14, 1988, were approved. PUBLIC STATEMENTS Mr. E. L. Carter presented Ms. Rebecca Wilson who read and presented a Resolution of the Black Caucus of Bakersfield and Kern County, stating the organization's purpose and goals. Upon a motion by Councilmember Childs, the Resolu- tion of the Black Caucus of Bakersfield and Kern County was referred to the Auditorium and Community Services Committee. Mr. Gary Green, 9504 Vallejo Court, Division Marketing Manager, Kern Division of PG&E spoke regarding contributions to the Homeless Coalition Task Force and presented a $10,000 check to Bruce Ball, Chairman of the Homeless Coalition Task Force. Mr. Bruce Ball, 5905 Azalea, Chairman of the Homeless Coalition Task Force accepted the check and thanked PG&E. Mr. Dale Keeton, 4608 Margalo Avenue, Car Club Council of Bakersfield, thanked the Council for allowing their members to take an active role in the wording of the Ordinance for the abatement of abandoned and junk vehicles. Mr. Jerry Johnson, 5640 District Boulevard #130, asked the Council to review parking restrictions on District Boulevard from Stine Road to Gosford, and submitted a petition. Upon a motion by Councilmember DeMond, the matter was referred to Traffic Authority with a report to be made back to the full Council. Bakersfield, California, November 30, 1988 Page 2 Mr. Mel Khachigian, 2005 Wesley Court, Realtor and Chairperson of the Local Government Relations Committee of the Bakersfield Board of Realtors, spoke regarding the senior citizen ordinance. He asked Council to support the zone changes and encouraged the Council to adopt it. RaeAnn and Karen Bennett, 10500 DeeDee, Kern River 4-H, spoke regarding the Kern River plan. They submitted a petition and asked for Council's adoption. Mr. Bill Cooper, Chairman of Kern River Parkway Committee, spoke in support of the Council's approval of the plan and thanked the Council for their support. Ms. Linda Spencer, 9001 Andretti Court, spoke in support of the Kern River Parkway Plan with the addition of safe equestrian access to the river between Coffee Road and the Stockdale bridge. Mr. Russ Robinson, Route 1, Box 130, President of Bakersfield Saddle and Harness Club spoke in favor of the Kern River Parkway Plan, presented a petition advocating the adoption of the certification of the EIR for the Plan, and asked that it be referred to the Water Resources Committee. Mr. Hugh Sill, 3309 Sillect, spoke regarding his property on the Kern River and that his company would not stand in opposition of it. Upon a motion by Councilmember Salvaggio, the matter concerning the equestrian trails and access relative to the Kern River Parkway was referred to the Water Re- sources Committee. HEARINGS THIS IS THE TIME SET FOR A PUBLIC HEARING BEFORE THE COUNCIL OF THE CITY OF BAKERSFIELD TO CONSIDER MAKING FINDINGS AND CERTIFYING THE FINAL EIR FOR THE PROPOSED KERN RIVER PARKWAY PLAN. This hearing has been duly advertised, posted, and the property owners notified as required by law. Planning Director Hardisty asked that the earlier comments relative to the proposed Kern River Parkway Plan be included in the record of the hearing. Upon motion by Councilmember Salvaggio, the Public Statement relative to the proposed Kern River Parkway Plan was included in the record portion of the hearing as follows: RaeAnn and Karen Bennett, 10500 DeeDee, Kern River 4-H, spoke regarding the Kern River plan. They submitted a petition and asked for Council's adoption. Mr. Bill Cooper, Chairman of Kern River Parkway Committee, spoke in support of the Council's approval of the plan and thanked the Council for their support. Bakersfield, California, November 30, 1988 - Page 3 Ms. Linda Spencer, 9001 Andretti Court, spoke in support of the Kern River Parkway Plan with the addition of safe equestr~n access to the river between Coffee Road and the Stockdale bridge. Mr. Russ Robinson, Route 1, Box 130, President of Bakersfield Saddle and Harness Club spoke in favor of the Kern River Parkway Plan, presented a petition advocating the adoption of the certification of the EIR for the Plan, and asked that it be referred to the Water Resources Committee. Mr. Hugh Sill, 3309 $illect, spoke regarding his property on the Kern River and that his company would not stand in opposition of it. Planning Director Hardisty asked that the two hearings, the environmental impact and consequence of the plan, be consolidated into one hearing. Upon motion by Councilmember Childs, the two hearings, the environmental impact and consequence of the plan, were consolidated into one hearing. THIS IS THE TIME SET FOR A PUBLIC HEARING REGARDING AN AMENDMENT TO THE KERN RIVER PLAN ELEMENT OF THE BAKERSFIELD METROPOLITAN AREA GENERAL PLAN, AND ADOPTION OF THE KERN RIVER PARKWAY PLAN AND THE KERN RIVER CHANNEL MAINTENANCE PROGRAM. This hearing has been duly advertised, posted, and the property owners notified as required by law. Planning Director Hazdisty provided an update. Deborah Lowe, Project Manager, spoke regarding the Kern River Parkway Plan and the findings of the EIR. Mayor Payne declared the hearing open for public participation. Mr. Bill Cooper, Kern River Parkway Committee, spoke in support of the Kern River Parkway Plan. Ms. Donna Yowl, 914 Castaic Avenue, spoke in support of the Kern River Parkway Plan. Mr. Russ Robinson, asked a question of staff regarding the parking lot on the north side of the river, east side of Mohawk. Mr. Hugh Sill, asked a question of staff regarding the full acquisition and whether it applied to his property. Ms. Janelle Mahonney, 10700 Linda Lee Lane, spoke ~ support of the Kern River Parkway Plan, especially with respect to the equestrian trails. Mr. Rick O'Neal, 6600 Desmond Court, spoke in support of the Kern River Parkway Plan and the EIR. Ms. Jeri Moffett, Rosedale Residents to Keep It Country, spoke in support of the Kern River Parkway Plan. Bakersfield, California, November 30, 1988 Page 4 Mr. Arthur Unger, Conservation Chair for the Kern Kaweah Chapter of the Sierra Club, 2815 LaCresta Drive, spoke in support of the Kern River Parkway Plan Mr. Hugh Sill spoke in opposition due to last minute changes. No further protests or objections being received and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deli- beration and action. Ted Beatty, Wildlife Biologist, spoke relative to the environmental issues. ADOPTION OF RESOLUTION NO. 228-88 OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS AND CERTIFYING THE FINAL ENVIRON- MENTAL IMPACT REPORT (FEIR) FOR THE PROPOSED KERN RIVER PARKWAY PLAN. Upon motion by Councilmember Salvaggio, Resolution No. 228-88 of the Council of the City of Bakersfield certi- fying the Final EIR as adequate including all mitigation measures identified in the project staff report (October 6th) revised Appendix F was adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Peterson Salvaggio None None Councilmembers Ratty, McDermott Councilmember Salvaggio made a motion to adopt a resolution making findings and approving the amendment to the Kern River Plan Element and to adopt the Kern River Parkway Plan, subject to mitigation in revised Appendix F and statements of overriding considerations on Page 6 of the project staff report and the Kern River Channel M~ntenance Program as appendices to the Kern River Plan Element. Councilmembers Salvaggio, DeMond, Childs, Peterson and Smith spoke in support of the motion. Councilmember Childs directed staff to meet with Mr. Hugh Sill regarding his property. ADOPTION OF RESOLUTION NO. 229-88 OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS AND APPROVING SEGMENT I OF PROPOSED AMENDMENT TO THE KERN RIVER PLAN ELEMENT OF THE BAKERSFIELD METROPOLITAN AREA GENERAL PLAN (KERN RIVER PLAN ELEMENT AMENDMENT 1-88. SEGMENT I) AND ADOPTING THE KERN RIVER PARKWAY PLAN AND KERN RIVER CHANNEL MAINTEN- ANCE PROGRD24 AS APPENDICES TO THE KERN RIVER PLAN ELEMENT. Bakersfield, California, November 30, 1988 - Page 5 Upon a motion by Councilmember Salvaggio, Resolu- tion No. 229-88 of the Council of the City of Bakersfield making findings and approving the amendment to the Kern River Plan Element and to adopt the Kern River Parkway Plan, subject to mitigation in revised Appendix F and statements of overriding considerations on Page 6 of the project staff report and the Kern River Channel Maintenance Program as appendices to the Kern River Plan Element was adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Salvaggio None None Councilmembers Ratty, McDermott Peterson, Upon a motion by Councilmember Childs, the meeting was recessed at 8:30 and reconvened at 8:40. THIS IS THE TIME SET FOR A PUBLIC HEARING BEFORE THE COUNCIL OF THE CITY OF BAKERSFIELD ON RESOLUTION OF INTENTION NO. 1052 DECLARING ITS INTENTION TO ORDER THE VACATION OF 6.5 FEET ALONG THE EAST AND WEST SIDES OF THE ALLEY IN BLOCK "B" OF THE HUDNUT TRACT IN THE CITY OF BAKERSFIELD. This hearing has been duly advertised, posted, and the property owners notified as required by law. Mayor Payne declared the hearing open for public participation. No protests or objections being received, and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. ADOPTION OF RESOLUTION NO. 230-88 OF THE COUNCIL OF THE CITY OF BAKERSFIELD ORDERING THE VACATION OF 6.5 FEET ALONG THE EAST AND WEST SIDES OF THE ALLEY IN BLOCK "B" OF THE HUDNUT TRACT IN THE CITY OF BAKERSFIELD. Upon motion by Councilmember DeMond, Resolution No. 230-88 of the Council of the City of Bakersfield order- ing vacation of 6.5 feet along the east and west sides of the alley in Block "B" of the Hudnut Tract in the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Peterson Salvaggio None None Councilmembers Ratty, McDermott Noes: Abst~ n: Absent: THIS IS THE TIME SET FOR A PUBLIC HEARING BEFORE THE COUNCIL OF THE CITY OF BAKERSFIELD ON RESOLUTION OF INTENTION NO. 1053 DECLARING ITS INTENTION TO ESTABLISH MAINTENANCE DISTRICT NO. 20 (EAST HILLS), GENERALLY BOUNDED BY MOUNT VERNON AVENUE ON THE WEST, OSWELL STREET ON THE EAST, FREEWAY 178 ON THE NORTH AND BERNARD STREET ON THE SOUTH. Bakersfield, California, November 30, 1988 - Page 6 This hearing has been duly advertised, posted, and the property owners notified as required by law. Mayor Payne declared the hearing open for public participation. No protests or objections being received, and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. ADOPTION OF RESOLUTION NO. 231-88 OF THE COUNCIL OF THE CITY OF BAKERSFIELD ESTAB- LISHING MAINTENANCE DISTRICT NO. 20 AND CONFIRMING THE ASSESSMENT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR (RESOLUTION OF INTENTION NO. 1053, EAST HILLS). Upon motion by Councilmember Smith, Resolution No. 231-88 of the Council of the City of Bakersfield establish- ing Maintenance District 20 and confirming the assessment and authorizing collection of assessments by the Kern County Tax Collectors (Resolution of Intention No. 1053, East Hills) was adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Salvaggio None None Councilmembers Ratty, McDermott Peterson REPORTS Councilmember Peterson read Urban Development Conunittee Report No. 10-88 reg~ding abandoned and junk vehicle ordinance, as follows: This matter was referred to the Urban Deve- lopment Committee by the City Council on October 26, 1988. At that Council meeting, members from several antique and classic car clubs spoke regarding the ordinance and its potential impact on their hobby. They voiced agreement with the need to abate abandoned and junk vehicles but wanted to know if certain exceptions could be made for vehicles that were stored in a lawful manner while being restored. Staff met with members of the car club council on November 14, 1988 and discussed some possible changes to the draft ordinance. The committee met with members of the car club council on November 17, 1988. We discussed the car club's concerns and recommendations along with staff's comments. The main concern of the car hobbyists was that vehicles being restored on their pro- perty would be subject to abatement. The possibility of allowing antique cars to be parked in the driveway covered with a fitted cover was discussed as an option to h~ing the vehicle completely removed from the front yard area. The committee and the car club members agreed that this would be an accep- table arrangement. Bakersfield, California, November 30, 1988 - Page 7 There were also some inconsistencies in the ordinance discussed at the first reading of the ordinance. One section referred to the vehicles being visible from a public right- of-way and in another section it referred to visibility from private property. Staff informed the committee that it was its intention to have both sections read "visible from a public right-of-way." Other changes were recommended to the ordinance that clarify the ordinance's intent and purpose. The language changes have been made and are contained in the revised copy of the proposed ordinance as follows: Section 10.64.020 Maintenance Unlawful - Penalty: This section is amended to contain language that the ordinance would not be applicable to automotive repair businesses or school training programs. This section should be amended to include language that an automobile covered with a fitted tarp would be an approved screening method while parked in the driveway. o Section 10.64.050 Removal Required: Exception: The words "or private property" be removed and replaced with "public street." Section 10.64.060(C) That the words "containing one or more dwelling units" be removed after the word "structure" in the first sentence of that section. It is recommended that the revised ordinance be adopted. Mr. Saalfield advised that Item 2. should be changed from" public right-of-way" street." in the report to "public Upon a motion by Councilmember Peterson, Urban Development Committee Report No. 10-88 was accepted as amended. Upon a motion by Councilmember Childs, a call for the question was approved. ADOPTION OF ORDINANCE NO. 3187 OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 10.64 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO ABANDONED OR JUNK VEHICLES. Upon a motion by Councilmember Peterson, Ordinance No. 3187 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Abst~ n: Absent: Councilmembers Smith, Childs, DeMond, Peterson Salvaggio None None Councilmembers Ratty, McDermott Bakersfield, California, November 30, 1988 - Page 8 Committee follows: Councilmember Childs read Budget and Finance Report No. 46-88 regarding downtown parking, as The City Council referred the issue of downtown parking related to the transfer of the City parking lot at 23rd and Eye Streets to Terry Moreland to the Budget and Finance Committee for review. The Committee reviewed this issue with the City Attorney and the City Manager. They indicated that Mr. Moreland was allowing the public to continue to utilize the lot until he begins his proposed office project at that site. The businesses affected by the removal of the public parking at that time are making alternative plans for parking and should not be impacted by the proposed project. The Committee expressed some concern regar- ding the transfer of property to Mr. Moreland in accordance with the settlement agreed to by the City. The City Attorney pointed out that their concerns may be addressed by requesting that Mr. Moreland submit plans to the City prior to our transferring title to either of the other two option parcels to Mr. Moreland. Therefore, the Committee recommends that in the future, staff request that development plans be submitted by Mr. Moreland prior to the transfer of property and that public use continue until development occurs. No further action on this item is required. Upon a motion by Councilmember Childs, Budget and Finance Committee Report No. 46-88 was accepted. Upon a motion by Councilmember DeMond, Item c., Oral Report by Ralph Huey, Hazardous Materials Coordinator, was recognized as an item that arose after preparation of the agenda by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Salvaggio Noes: None Abstain: None Absent: Councilmembers Ratty, McDermott Peterson ORAL REPORT FROM RALPH HUEY, HAZARDOUS MATERIALS COORDINATOR FOR THE FIRE DEPARTMENT, REGARDING THE HOMELESS SITE. An oral report was given by Ralph Huey, Hazardous Materials Coordinator for the Fire D~ artment, regarding the contamination of soil at the Homeless Site. He stated the testing had been completed on November 6, 1988 by Geosystems on Site 1. Although the final results are not in, the preliminary results show there is contamination to about 130 feet. The majority of the pollution is Bakersfield, California, November 30, 1988 - Page 9 above 40 feet and it tapers off gradually. The diameter of the pollution is between 80 and 120 feet. The final report will recom- mend methods of cleaning the contamination up, including a vacuum extracting process. The contamination found on Site 2 was much smaller and exists down to about 40 feet with a ~ameter of 20 feet. This contamination should not affect groundwater. The Homeless Shelter should cap over that area with either concrete or asphalt, and the recommendation will be for a "no action" on that particular area. The Fire Department will be working with Pennzoil, Geosystems, and the Kern County Health Department to resolve this matter. CONSENT CALENDAR Approval of Warrant Nos. 3000 to 3620, inclusive, in the amount of $3,622,918.09. Communications: From Edwin L. Ingalls, dated October 25, 1988, submitting his resignation as Miscellaneous Civil Service Board Member. (RECEIVE AND PLACE ON FILE) From Forest Gray, 13907 Palm Avenue, dated November 4, 1988, proposing that the area known as Westdale Estates be referred to the City Planning Department for study and recommendation to be annexed into the City. (RECEIVE AND REFER TO PLANNING DEPARTMENT. From Francis Corbett Weddle, Chief Executive Officer, Opryland West Development Corporation, 860 E. Grangeville, #112, Hanford, Cali- fornia 93230, dated November 4, 1988, requesting the City to consider their requirements as a potential site for their project. (RECEIVE AND REFER TO ECONOMIC DEVELOPMENT) From J. R. Dalton, CHA, President, 1033 Truxtun Avenue, dated November 9, 1988, requesting that the Civic Auditorium be renamed the Bakers- field Convention Center. (RECEIVE AND REFER TO AUDITORIUM AND COMMU- NITY SERVICES COMMITTEE) Bakersfield, California, November 30, 1988 Page 10 From Jim Tucker, Chairman, Salva- tion Army, 724 E. 21st Street, dated November 11, 1988, submitting a Letter of Intent to the Bakers- field Homeless Shelter Task Force and Lead Agency, to participate and assist by providing feeding services. (RECEIVE AND PLACE ON FILE) From Ron Jarrett, dated November 9, 1988, submitting his resignation as Planning Commissioner (RECEIVE AND PLACE ON FILE) From John R. Gerrard, 2419 West- holme Boulevard, B, dated November 17, 1988, regarding Ordinance regulating pawn shop operations (RECEIVE AND REFER TO CITY ATTOR- NEY) From Gerrie Moffett, 12101 Brock- ridge Lane, Rosedale, California, dated November 14, 1988, requesting consideration for the preservation and promotion of equestrian trails along the Kern River (RECEIVE AND REFER TO PLANNING DEPARTMENT) From L. Lawton Rogers III, Rogers and Killeen, 510 King Street, Suite 408, Alexandria, Virginia, dated November 18, 1988, regarding Opryland West Development Corpora- tion. (RECEIVE AND REFER TO ECONOMIC DEVELOPMENT) Claim for Damages and Personal Injuries from the following: Tamara Lynn Cavish, c/o 215 North Marengo Avenue, 2nd Floor, Pasadena; Matheson Fast Freight, Inc., P. O. Box 6088, Concord; Janice Kay Brown, 2618 Blade Avenue; Lynda Anne Robinson, 4401 Hughes Lane, Sp. 149; Shirly and Jimmy Sierra, 912 30th Street; Virginia J. Behan, 200 Scottsburg Street; Beatrice M. Barmann, 1209 Club View Drive; 8 Johnny Rodriquez, 600 N Street, Apt. B; Bakersfield, California, November 30, 1988 - Page 11 William W. Hearn, 5513 Muirfield Drive; 10. Dawn Rae Middendorp, 6009 Hill Dale Ct. #D; and 11. Marguerite Forney, 7801 Netzer Court. (REFER TO CITY ATTORNEY AND LITIGATION COMMITTEE) Individual Grant Deed from Pauline W. Mathie. Individual Grant Deed from Robert James Rudolph, Trustee for the Estate of William Rudolph, Jr. f. Final Map and Improvement Agreements for the following: Final Map and Improvement Agree- ments Nos. 88-278 and 88-279 with Dennis W. DeWalt for Tract 5034, Phase 3, for 20 lots on 5.73 acres located south of Hageman Road and east of Calloway Road. 2 o Improvement Agreement No. 88-280 with Oceanic Cmlifornia, Inc. for the construction of a portion of Buena Vista Road and Stockdale Highway as required by General Plan Amendment 2-88, Segment V. Notices of Completion and Acceptance of Work for the following projects: Tract No. 4860, located at or near Buena Vista Road and White Lane, City Contract No. 88-102, was completed on November 18, 1988. Tract No· 4862, located at or near Buena Vista Road and White Lane, City Contract No. 88-57, was completed on November 18, 1988. Tract No. 4988, located at or near Buena Vista Road and White Lane, City Contract No. 88-58, was completed on November 18, 1988. Approval of Plans and Specifications for the following: Traffic signal system on Auburn Street at Fairfax Road. 2. Traffic signal system on Ming Avenue at Valhalla Drive. [4'~ Bakersfield, California, November 30, 1988 - Page 12 no Construction of curb and gutter on Lacey Street, Oscar Avenue, Hen- dricks Lane and Houchin Road. Contract Change Order No. 1, Contract No. 88-241, with Granite Construction Company for reconstruction of College Avenue between Fairfax Road and Tan- gerine Street. Request for Extensions of Time from Homestead Land Development Corporation to extend the time of completion for Improvement Agreement No. 85-53, Tract No. 4734, Unit 3, to April 10, 1989, and for Improvement Agreement No. 87-68, Tract 4734, Unit 4, to April 8, 1989. Approval of Agreement No. 88-281 Supple- ment with Moore & Taber, Geotechnical Engineers and Geologists, for the geotechnical investigation for bridge replacement at China Grade Loop and the Kern River, City Agreement No. 88-19. Agreement No. 88-282 %~ith Department of Motor Vehicles accepting Certificates of Driving Experience and/or Training issued by the City in lieu of driving tests on Class A or Class B license applications. Agreement No. 8~283 with Pacific Gas and Electric Company for underground line extension to reach subdivisions of developments. Proposed use of B.A.R.C. Recycling Proceeds. DELETE. Accept low bids for Landscape Trees for Parks Department from West Covina Wholesale Nursery ($3,895.24, 6 items), Varela's Nursery ($1,445.84, 3 items) and reject all other bids. Accept low bid for Traffic Hardware from Traffic Control Technologies in the amount of $4,017.40 and reject all other bids. Accept low bid for nine cellular tele- phones for the Fire Department from Communications Express in the amount of $5,603.16 and reject all other bids. Accept low bid for sewer pipe for Parks Department from P. E. O'Hair and Company in the amount of $6,714.99 and reject other bid. Bakersfield, California, November 30, 1988 Page 13 Accept low bids for Lightbars and Accessories for Fire Department Vehicles from F. Morton Pitt Industries ($3,355.70, 2 items), Pursuit Specialties (7,226.83, 4 items) and Adamson Industries ($1,059.79, 1 item) and reject all other bids. Uo Accept low bid for 3/4 ton Suburban (replacement) for Fire Department from Motor City Sales and Service in the amount of $21,005.83 and reject other bid. Award Annual Contract No. 88-284 for Canal Liner Repair to Jim Alfter in the amount of $21,965.00. Upon a motion by Councilmemb~ DeMond, It, s a, b , c, d, e, f, g, h, i, j, k, 1, m, n, p, q, r, s, t, u, and v of the Consent Calendar were adopted with the deletion of Item o, the amendment of Item 4 to state Auditorium and Community Services Committee, and the addition of communi- cation, Item b.9., by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Salvaggio None None Councilmembers Ratty, McDermott Peterson ACTION ON BIDS TRAFFIC SIGNAL CONTROL EQUIPMENT. Upon a motion by Councilmember from Signal Control Company, Inc. in the was accepted and all other bids rejected. Childs, low bid amount of $69,811.60 THREE REPLACEMENT STREET SWEEPERS FOR STREET DEPARTMENT. Upon a motion by Councilmember DeMond, bids from Nixon-Egli Equipment in the amount of $200,265.80 and Public Works, Inc. in ~he amount of $~0, 102.80 were accepted. APPROVAL OF CONTRACT NO. 88-285 WITH WITCO CORPORATION FOR ROAD OILS FOR STREET DEPARTMENT. Upon a motion by Councilmember Peterson, Annual Contract No. 88-285 for Road Oils with Witco Corporation in the amount of $76,956.00 was approved and the Mayor was authorized to execute the contract. REQUEST FOR AUTHORIZATION TO ENTER INTO DISCOUNT AGREEMENT FOR TIRE RECAPPING WITH TALIN TIRE, INC. FOR TIRE RECAPPING. Upon a motion by Councilmember Childs, Director was authorized to enter into a discount with Talin Tire, Inc. the Finance agreement Bakersfield, California, November 30, 1988 - Page 14 DEFERRED BUSINESS ADOPTION OF ORDINANCE NO. 3188 OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 9.44.010 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO CURFEWS FOR MINORS. This Ordinance was given first reading at the meeting of November 9, 1988. Upon a motion by Councilmember Peterson, Ordinance No. 3188 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Peterson Salvaggio None None Councilmembers Ratty, McDermott ADOPTION OF ORDINANCE NO. 3189 OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 5.50.010, SUBSECTION A. OF SECTION 5.50.080, SECTION 5.50.190, SUBSECTIONS A. AND E. OF SECTION 5.50.290, SUBSECTION A. OF SECTION 5.50.310 AND SUBSECTION E. OF SECTION 5.50.320; AND REPEALING SECTION 5.50.230 AND SUBSECTION B. OF SECTION 5.50.250 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO CHAUFFEURED LIMOUSINE SERVICE. This Ordinance was given first re~ding at the meeting of November 9, 1988. Upon a motion by Councilmember Peterson, Ordinance No. 3189 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Salvaggio Noes: None Abstain: None Absent: Councilmembers Ratty, McDermott Peterson ADOPTION OF ORDINANCE NO. 3190 OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SUBSEC- TION C. OF SECTION 12.56.150 OF THE BAKERS- FIELD MUNICIPAL CODE RELATING TO PARKS (INDEMNIFICATION AND INSURANCE). This Ordinance was given first reading at the meeting of November 9, 1988. Upon a motion by Councilmember DeMond, Ordinance No. 3190 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Peterson Salvaggio None None Councilmembers Ratty, McDermott Bakersfield, California, November 30, 1988 - Page 15 ADOPTION OF ORDINANCE NO. 3191 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 PROPERTY KNOWN AS THE STOCKDALE NO. 13 ANNEXATION. This Ordinance was given first reading at the meeting of November 16, 1988. Upon a motion by Councilmember Childs, Ordinance No. 3191 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Noes: None Abstain: None Absent: Councilmembers Smith, Childs, DeMond, Peterson Salvaggio Ratty, McDermott ADOPTION OF ORDINANCE NO. 3192 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 SOUTH OF HARRIS ROAD, EAST OF WIBLE ROAD TO FREEWAY 99 FROM AN M-1 (LIGHT MANU- FACTURING-AUTO RELATED) TO AN M-1 (LIGHT MANUFACTURING-GENERAL PURPOSE) ZONE AND A C-2 (COMMERCIAL) ZONE. This Ordinance was given first reading at the meeting of November 16, 1988. Upon a motion by Councilmember Peterson, Ordinance No. 3192 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Peterson Salvaggio Noes: None Abstain: None Absent: Councilmembers Ratty, McDermott ADOPTION OF ORDINANCE NO. 3193 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 AT THE NORTHEAST CORNER OF GOSFORD ROAD AND WHITE LANE FROM AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO A C-2 (COMMERCIAL) ZONE. This Ordinance was given first reading at the meeting of November 16, 1988. Upon a motion by Councilm~mber DeMond, Ordinance No. 3193 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Peterson Salvaggio Noes: None Abstain: None Absent: Councilmembers Ratty, McDermott Bakersfield, California, November 30, 1988 - Page 16 NEW BUSINESS FIRST READING OF AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 12.44.035 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO FOOD VENDORS OPERATING PUSHCARTS. This Ordinance will amend the Bakersfield Muni- cipal Code to eliminate a provision of an existing section improperly delegating to adjacent business operators autho- rity to permit the use of City sidewalks by food vendors operating pushcarts. This Ordinance proposes a minimum 150' separation between the location of any food pushcart and the entrance to any business selling ready-to-eat foods. Councilmember Childs asked staff if the vendor at L and Truxtun Avenue across from the Courthouse would be affected by this. This matter was referred to the Urban Development Co]~ittee. FIRST READING OF AN ORDINANCE 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 SOUTHWEST CORNER OF STOCKDALE HIGHWAY AND SOUTH ALLEN ROAD FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE. The applicant is proposing to construct a 60,880 gross square foot neighborhood shopping center consisting of one, one-story main building of 50,580 gross square feet and two, one-story freestanding pads of 4,800 gross square feet and 5,500 gross square feet on a six-acre site. FIRST READING OF AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 17.51 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO SENIOR CITIZEN ZONING. The Kern Civic Association requested that City Council investigate zonir~ to preserve Kern City as a Senior Citizens Community. The matter was referred to the Planning Commission who drafted an Ordinance which may be applied to Kern City to restrict occupancy to residents 55 or oNer with some exceptions. ADOPTION OF RESOLUTION NO. 232-88 OF THE COUNCIL OF THE CITY OF BAKERSFIELD APPROVING THE APPLICATIONS FOR GRANT FUNDS FOR THE TRAIL GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT OF 1988 FOR THE CONSTRUCTION OF THE BIKE PATH EXTENSION FROM CALIFORNIA STATE UNIVER- SITY BAKERSFIELD TO STOCKDALE HIGHWAY BRIDGE AND CONSTRUCTION OF FIVE REST STOPS ALONG THE BIKE PATH IN THE KERN RIVER PARKWAY. Upon a motion by Councilmember Salvaggio, Resolu- tion No. 232-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Peterson Salvaggio None None Council members Ratty, McDermott Noes: Abstain: Absent: Bakersfield, California, November 30, 1988 Page 17 RECEIPT OF CERTIFICATE OF ELECTION FROM KERN COUNTY CLERK OF RESULTS OF THE GENERAL MUNICIPAL ELECTION FOR THE OFFICE OF MAYOR IN THE CITY OF BAKERSFIELD, CALIFORNIA, AND SPECIAL MUNICIPAL ELECTION FOR CHARTER AMENDMENT MEASURES "I," "J," "K," "L," "M," "N," AND "O," HELD ON THE 8TH DAY OF NOVEMBER 1988. The results of the election were as follows: Total number of Registered Voters: 82,570 Total number of Votes Cast: 57,613 Total number of Votes Cast for each Candidate: Clarence E. Medders 30,314 Thomas A. Payne 23,687 Measure YES NO TOTAL "I" 26,776 17,982 44,758 "J" 24,637 23,487 48,124 "K" 21,572 26,511 48,083 "L" 31,414 14,596 46,010 "M" 26,198 18,610 44,808 "N" 27,606 17,681 45,287 "0" 25,106 19,335 44,441 Upon a motion by Councilmember DeMond, the Certi- ficate of Election was received, placed on file and spread in full in the minutes. ADCPTION OF RESOLUTION NO. 233-88 OF THE COUNCIL OF THE CIT~ OF BAKERSFIELD DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION FOR THE OFFICE OF MAYOR AND THE SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF SUBMIT-- TING TO THE ELECTORS OF THE CITY A~ENDMENTS TO THE CHARTER OF THE CITY OF BAKERSFIELD, MEASURES "I," "J," "K," "L," "M," "N," AND "0," HELD ON THE 8TH DA~ OF NOVemBER 1988. Upon a motion by Councilmember Childs, Resolution No. 233-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Peterson Salvaggio None None Councilmembers Ratty, McDermott RENEWAL OF LEASE WITH EAST INDIA CALIFORNIA TRADE ENTERPRISES, I~C. Upon a motion by Councilmember DeMond, the renewal of the lease with East India California Trade Enterprises, Inc. was referred to the Budget and Finance Committee by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Salvaggio Noes: None Abstain: None Absent: Councilmembers Ratty, McDermott Peterson Bakersfield, California, November 30, 1988 - Page 18 COUNCIL STATEMENTS Councilmember Childs asked staff to report back to him regarding vendors needing to be 150 feet away from the entrance to any business selling ready-to-eat foods. Councilmember Childs asked staff to report back to him regarding discrimination in restricting occupancy to residents 55 or older. Councilmember DeMond stated she had received the Golden Turkey Award for throwing 13-pound frozen turkeys in a bag toward bottles down the street. Upon a motion by Councilmember Salvaggio the of the Kern River Parkway was referred to the Water Resources Committee. issue ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned at 9:30 p~:ti ~ MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California