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HomeMy WebLinkAbout10/26/1988 MINUTES CCBakersfield, California, October 26, 1988 Minutes of the Special Meeting of the Council of the City of Bakersfield, California, for the purpose of a Workshop held in the Basement Conference Room - Annex Building, City Hall, 1501 Truxtun Avenue, at 5:15 p.m., October 26, 1988. The meeting was called to order by Roll was called as follows: Present: Mayor Payne, Councilmembers DeMond, Smith, Ratty, McDermott, Salvaggio, Childs (seated at 5:25 p.m.) Absent: WORKSHOP STATUS OF AIDS IN KERN COUNTY (Dr. B. A. Jinadu, M.D., M.P.H. and Dave Martin). Dr. Jinadu spoke regarding the exposure of the AIDS dis- ease in Kern County. He asked the City to assist him in forming a committee to inform the public on the spread of this disease. Mr. Dave Martin provided statistical background on the AIDS disease. POLICE DOG CANINE PROGRAM AND PRESENTATION (Police Department). Brad Cornelius, Beverly Hills Police Department, pro- vided the canine and information about the program. Johnnes Grewe, Canine Trainer, and Bill, the canine, orovided a demonstration of police canine capabilities in narcot- ics and police canine protection. ADJOURNMENT Council, There being no further business to come before the the meeting was adjourne~ at 6:00 p.m. ?? ? MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the council of the City of Bakersfield, California bz Bakersfield, California, October 26, 1988 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers, City Hall, 1501 Truxtun Avenue, at 7:00 p.m., October 26, 1988. The meeting was called to order by Mayor Payne. The Council observed a moment of silence in memory of former Councilmember, J.M. Chris Christensen. Invocation by Mr. Troy Chastain, Vice-Chairman of Board of Trustees, First Assembly of God Church. Councilmember Salvaggio read the obituary for J. Metion "Chris" Christensen who died October 22, 1988 as follows: Chris has been active in local politics and community affairs for over 50 years. In 1987, he completed a 12-year term on the Bakersfield City Council - a length of service exceeded only by 3 other councilmen in the City's history. He was also a leader in the Red Cross and the Democratic Party. Chris taught first-aid to hundreds of adults throughout Kern County in the 40's and was the Kern County Red Cross Chairman of First Aid during the earthquakes of the 50's. He worked very closely with Ralph Smith who was in charge of the Disaster Division. For 20 years he was an active member of the Democratic Central Committee, devoting numerous weekends to fund raising and campaign efforts, and serving as Treasurer and Vice Chairman. In 1974, Chris launched a 3-week campaign for City Council using techniques he originally studied at Stanford University and won as a write-in candidate by a 3 to 2 margin. Attorney James Faulkner represented the cam- paign in a precedent-setting legal fight that required the provision of pencils in the vot- ing booth so voters could write in a candidate if they chose to. In reflecting on his years on Council, Chris pointed to the purchase of the Kern River, the protection of Kern River lands, and the pres- ervation of public access to the river as his proudest accomplishments, he numbered Vernon Strong among the greatest City Councilmen he'd served with, dubbing him a statesman. Chris was pleased to see the Council begin making some progress on controlling smoking in the workplace a measure he first introduced in 1983. He also worked for the construction of several underpasses and overpasses to greatly ease the flow of traffic and fought for 10 years for a new hotel that is, at last, Bakersfield, California, October 26, 1988 - Page 2 going up next to the auditorium. Chris always championed government "for the people and by the people" and adamantly opposed the fact that City Council sessions ran until 1 and 2 a.m. - hours that made the conducting of City business and decision-making inaccessible to much of the electorate. Chris was born in 1909 in Elkol, WY, and grew up in rural Idaho, the youngest of 5 children. He learned the importance of hard work from his widowed mother. Chris was one of the first young men to ever earn an Eagle Scout in Idaho. During the depression, he worked his way through college earning a bachelor's degree from University of California-Berkeley, and a secondary teaching credential and master's degree in health education and history from Stanford University. Chris first moved to Bakersfield in 1938 to take a job with the Kern County High School and Junior College District. For 21 years he taught history and physical education and coached gymnastics at Bakersfield High School, and coached track and field, gymnastics and basketball at Bakersfield College. He also announced, officiated and scouted football games for Jack Frost. Chris is well-known for his talent of story- telling, which he used in the classroom to make various historical eras come alive, thereby getting students to learn from the past. Due to his popularity with the stu- dents, school officials enrolled as many as 70 to 120 students in some of his classes. Chris provoked thousands of students to think for themselves and encouraged them to vote their economic interests. From 1961 to 1971, Chris worked for Insurance Securities Trust Fund as a sales representa- tive and division manager overseeing a sales force of 17 and a territory that extended from Bakersfield to Palmdale, Bishop and Porterville. He is survived by Lucille, his wife of 50 years; two daughters, Jeri (Porterville) and Karen (Denver); a son, Tim (Mammoth Lakes); Schatzi, his loyal canine companion; and 4 grandchildren. Bakersfield, California, October 26, 1988 - Page 3 Chris was always adamant in his love for kids, dogs, and flowers. He requested that donations be made in his name to: Guild House, Society for the Prevention of Cruelty to Animals, or Kern Hospice. At his request, no funeral services will be held. It is Chris' wish that his ashes be scattered in the mighty Sierra's where the family's cabin is situated. A private family memorial service will be held. The Pledge of Allegiance followed. City Clerk Williams called the roll as follows: Present: Mayor Payne. Councilmembers Childs, DeMond, Smith, Ratty, Peterson, McDermott, Salvaggio Absent: None City Manager Hawley introduced Mr. Jake Wager. Mr. Wager is from Downey, California. He began his employment with the City of Bakersfield on October 24, 1988, as the new Economic Development Director. City Manager Hawley provided a brief background. Jake Wager stated that the Staff has made him feel welcomed. He is honored to be here and looks forward to working for the City of Bakersfield. MINUTES Upon a motion by Councilmember McDermott, Minutes of the Special Meeting of August 8, 1988, Special Meeting of August 10, 1988, and Regular Meeting of August 10, 1988, were approved. PUBLIC STATEMENTS Mr. Jeffrey C. Brown, 901 Pershing Street, spoke regard- ing a need for more openness in Bakersfield City Government. Mr. Gordon R. Sanford, 3213 Century Dr., spoke regarding Abandoned or Junk Vehicles Ordinance and asked that the Council recognize and protect the restoration hobby. He supports the ordinance and suggests that the Council delay action on the Ordi- nance until Councilmembers or Staff can meet with representatives of the car hobby club to see if some compromise or protective wording can be worked out which will make the hobbyist less vulnerable. Mr. Fred Abandoned or Junk the junk cars and the hobbyist. Betti, 2301 Sutton Place, spoke regarding Vehicles Ordinance. He supports the Council on asked that the Council take consideration for Bakersfield, California, October 26, 1988 - Page 4 Ms. Ed~ina Barnes, 419 Francis Street, spoke regarding the Abandoned or Junk Vehicles Ordinance. She agrees that the City needs to be cleaned up and requested that the Council pro- tect the restoration hobby. Mr. Joe Appleton, 6309 Crestmore, spoke regarding the Abandoned or Junk Vehicles Ordinance. He stated he is in support of the Ordinance and asked the Council to protect and recognize the hobby. Mr. Duffy Doolittle, 3225 Christmas Tree Lane, spoke regarding the Abandoned and Junk Vehicles Ordinance. He asked that the Council recognize the restoration hobby and have a com- mittee meet with the car club committee. Mr. John Clement, 4200 Boise, #14B, spoke regarding the Abandoned or Junk Vehicles Ordinance and asked that the Council protect car hobbyist by recognizing it in the Ordinance. Mrs. Beverley Burke, 1512 18th Street, member of the Downtown Business Association, spoke regarding "Holiday Street Faire Extravaganza" and "lst Annual Turkey Bowl" to be held on November 19, 1988. She invited the Council to attend. Mr. David Lee Driskill, 2520 Lum Avenue, spoke regarding the Abandoned Vehicles Ordinance and asked the Council to con- sider the restoration hobbyist. Mr. Arnold Burr, 1801 Panorama Drive, spoke regarding abandoned vehicles and asked the Council to review the Ordinance. Mr. Keith McMahan, 11110 Meacham, spoke regarding the Abandoned Vehicles Ordinance. Mr. James Scott, 1630 Tejon Street, spoke regarding the Abandoned Vehicles Ordinance. Jeffrey Hill, 1409 Sylvia Street, spoke regarding the Abandoned Vehicles Ordinance. Mr. Jerry Hill, 1016 Fairfax Road, spoke regarding the Abandoned Vehicles Ordinance. Ms. Carol Hill, 1016 Fairfax Road, spoke regarding the Abandoned Vehicles Ordinance. Mr. Phillip Hagor, 3501 So. Halfmoon Drive, spoke regarding the Abandoned Vehicles Ordinance. Mr. Dale Keeton, 4608 Margalo Avenue, of the Abandoned Vehicles Ordinance and asked tect the rights of the hobbyist. spoke in support the Council to pro- Mr. David Davis, 4417 Jaspar, spoke regarding the word- ing of the Abandoned Vehicles Ordinance. Mr. Dave George, 2725 Sunset Avenue, spoke regarding the wording of the Abandoned Vehicles Ordinance. Bakersfield, California, October 26, 1988 - Page 5 Ms. Paula M. Rose-Mack, 1308 Lookout Lane, spoke regard- ing the Abandoned Vehicles Ordinance. Mr. James Phillips, 8524 Mustang Club, spoke regarding the cles Ordinance. Breckenridge, Golden Empire wording of the Abandoned Vehi- Mr. Glen Shellcross, 5001 Surrey Lane, spoke in opposi- tion to the proposed ordinance prohibiting alcoholic beverages, bottles, etc. in public parks. Upon a motion by Councilmember Salvaggio, New Business Item 11. a. was moved forward on the Agenda. First Reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 10.64 to the Bakersfield Municipal Code Relating to Abandoned or Junk Vehicles. This is a companion Ordinance to the Litter and Property Maintenance Ordinances previously adopted by the City Council. The purpose and intent of this Ordinance as well as the Litter and Property Maintenance Ordinances is to preserve and protect the quality of life in the City's residential districts and pro- mote repair and maintenance of buildings and property in residen- tial and commercial districts. Communication was received from Chris A. Addington & Associates, Inc., 3434 Truxtun Avenue, Ste., 240, dated October 26, 1988, in opposition to the Abandoned or Junk Vehicles Ordinance. Upon a motion by Councilmember Salvaggio, first reading was considered of an Ordinance of the Council of the City of Bakersfield adding Chapter 10.64 to the Bakersfield Municipal Code Relating to Abandoned or Junk Vehicles, and referred back to Staff and the Urban Development Committee, with specific instruc- tion to meet with representatives of the car hobby club and try to come up with a compromise. This ordinance will have second reading on November 30, 1988. REPORTS Councilmember DeMond, Chairperson of the Legislative Committee, read Report No. 4-88 regarding Proposition 100 - Insurance Reform and Consumer Protection Act of 1988 (ICAN Initiative), as follows: At the City Council meeting of August 31, 1988, correspondence from the Committee for "Yes on Proposition 100" was referred to the Legislative Committee for review and to report back to the Council before the November election. Bakersfield, California, October 26, 1988 - Page 6 The Legislative Committee met to discuss the referred correspondence as well as other infor- mation, both pro and con, on Proposition 100. The Committee's examination included, but was not limited to, materials from the League of Women Voters, the Senate Office of Research, the Insurance Industry Initiative Campaign Committee, and the League of California Cities. It is the decision of the Legislative Committee that Proposition 100 has minimal direct impact upon the City of Bakersfield. Thus, while the Committee does not feel that as representatives of a local government only indirectly affected by the initiative the Council should support the initiative, it does recommend to Council that it strongly urges Bakersfield voters to carefully review Proposition 100 as it has the potential for having substantial impact upon individual Bakersfield citizens, due to both the consumer protection and implementation issues involved. The Legislative Committee recommends that the City Council accept this report and implement its recommendation. Upon a motion by Councilmember DeMond, Legislative Committee Report No. 4-88 was accepted. Upon a motion by Councilmember DeMond, the recommenda- tions within Legislative Committee Report No. 4-88 were imple- mented. Councilmember McDermott, Chairperson of the Urban Development Committee, read Report No. 8-88 regarding fencing swimming pools, spas, private ponds and lakes, canals and ditches, as follows: At the City Council meeting on August 10, 1988, a letter from Oceanic Development Company con- cerning the subject matter was referred to this Committee. The Committee has met with Staff and determined that the Ordinance should be amended to reflect current conditions and the results of recent litigation. The courts have determined that the City cannot require water districts to fence canals and ditches. Consequently, we recommend deletion of that requirement from the Ordinance. Oceanic has requested that the requirement for fencing of private ponds and lakes be deleted from the ordinance. These are still waters that do not present a hazard comparable to the fast moving water in canals. In addition, fencing of such bodies of water diminishes their utility and beauty. Accordingly, we support the request. Bakersfield, California, October 26, 1988 Page 7 It is recommended that the Municipal Code be amended to: Delete the canal fencing requirement where it pertains to owner or operators such as water districts. Delete the protective enclosure or fencing requirement for private ponds and lakes or other outside bodies of water. o Retain the protective enclosure re- quirements for swimming pools, spas, and hot tubs. Retain the chain link fencing requirement for properties developed adjacent to canals. The attached Ordinance provides for the changes recommended by this Committee. Upon a motion by Councilmember McDermott, Urban Development Committee Report No. 8-88 was accepted. First Reading of an Ordinance of the Council of the City of Bakersfield amending Section 15.48.010, repealing Section 15.48.020, renumbering Section 15.48.030 to 15.48.020 and amending Subsection B. thereof, of the Bakers- field Municipal Code relating to the fencing of swimming pools, spas, private ponds and lakes, canals and ditches. Upon a motion by Councilmember McDermott, the recommen- dations within Urban Development Committee Report No. 8-88 were implemented. Councilmember Smith read Urban Development Committee Report No. 9-88 regarding Limousine Service Regulation, as follows: The City Council referred a request from Mr. Danny Williams to review our regulation of limousine service to the Urban Development Committee. We found that Bakersfield is one of the few cities to regulate limousine service because the Public Utilities Commission also licenses, inspects and investigates limousine services. None of the other cities regulates limousine service fees. State legislation has been passed to pre-empt local regulation of this service next July. The Police Department recommended that the Ordinance be repealed. Bakersfield, California, October 26, 1988 - Page 8 It is recommended that the Ordinance regulating limousine service be repealed. Upon a motion by Councilmember Smith, Urban Development Committee Report No. 9-88 was accepted. Upon a motion by Councilmember Smith, the recommenda- tions with Urban Development Committee Report No. 9-88 were implemented. Councilmember Peterson, Chairperson of the Auditorium and Community Services Committee, read Report No. 12-88 regarding Art Works and Building Equipment Located at the Cunningham Art Gallery, as follows: The City Council referred the issue of a dispute over ownership of artwork and building equipment at the Cunningham Art Gallery to this Committee for review. The Committee has reviewed these issues with representatives of the Bakersfield Art Foundation and the Bakersfield Art Association. The Committee requested that both groups provide to the City a list of items which their group disputed ownership and any documentation supporting ownership. Upon review of these disputed items by Staff and after discussion with these groups, items donated specifically to and accepted by the City were identified and appear on the schedule. The Cunningham Art Gallery building is owned by the City and has been leased to the art groups who operate the art gallery. It is the opinion of the City Attorney that the City has no interest in items not donated to the City and that it is up to the two groups to resolve the ownership of the disputed items and to return any items not in dispute. Therefore, the Committee recommends that the City disclaim any ownership of the artwork, furnishings and building equipment with the exception of the listed items or any items which the City has documentation showing ownership. We also recommend that staff be involved in the division of the undisputed items between the two groups and help resolve the matter of the disputed items. CITY ITEMS AT CUNNINGHAM ART GALLERY Miscellaneous portions of the Mary Churchmore Bultman Collection. (A detailed inventory is maintained by the City Auditor) Bakersfield, California, October 26, 1988 - Page 9 Gifts from Sister City, Wakayama, Japan: 1 - Suit of Armor 3 - Calligraphy Prints Fixtures attached to building including: - Track lighting in main gallery - Cabinets and bookcases in gift shop area Equipment on loan to Art Foundation: 6 - Portable wall units 30 - Chairs 3 - Tables Upon a motion by Councilmember Peterson, Auditorium and Community Services Committee Report No. 12-88 was accepted. Upon a motion by Councilmember Peterson, the recommenda- tions within Auditorium and Community Services Committee Report No. 12-88 were implemented. Councilmember Childs, Chairperson of the Personnel Committee, read Report No. 18-88 regarding Planning Technician Job Specification, as follows: The Personnel Committee has reviewed the revised Planning Technician job specifi- cation. The job specification was changed to create an Option I and an Option II because this position is in the Planning Department and the Community Development Department, and the duties performed are different in each department. The~e will be no change in salary and this action has been approved by the Miscellaneous Civil Service Board. The Committee recommends that the Council approve the attached job specifications. Upon a motion by Councilmember Childs, Personnel Committee Report NO. 18-88 was accepted. Upon a motion by Councilmember Childs, the recommenda- tions within Personnel Committee Report No. 18-88 were imple- mented. Councilmember McDermott read Budget and Finance Committee Report No. 42-88 regarding Impact of Measure "P" on City Refuse Rates, as follows: On August 8, 1988, the City Council, because of State mandated time restrictions, approved the appropriation of $2,000,000 to cover the additional costs of the County of Kern implementing Gate Fees to pay their landfill costs. The City of Bakersfield authorized the Bakersfield, California, October 26, 1988 - Page 10 County of Kern to collect an additional $24 per year for single family dwellings, and $21 per unit per year for multiple family dwellings, and proposed to increase commercial rates by 37% over a nine month period to cover the additional $2,000,000 in costs. At the conclusion of the County's hearings on August 15, 1988 and September 12, 1988, the Board of Supervisors chose, instead, to have an advisory election on the issue and had Measure "P" placed on the ballot for the General Election of November 8, 1988. If Measure "P" is defeated, the City of Bakersfield should refund the $24 and $21 for single family dwelling and multiple family dwelling units collected on the tax roll. If Measure "P" is approved by the voters, the City of Bakersfield would continue to collect the $24 per single family dwellings in fiscal year 1988-89, and increase that fee to $42 in 1989-90. We would also need to increase the commercial rates by 55% over a six-month period from January 1, 1989 through June 30, 1989. If the County's fees remain constant for fiscal year 1989-90, the commercial rates for that fiscal year could be reduced to reflect a 37% increase over the present commercial rates. The attached chart will possibly clear up the confusion by illustrating a few examples. The net result is that residential and commercial refuse customers will save considerably by defeating Measure "P". This City Council has already gone on record as opposing Measure "P", and at this time, the Budget and Finance Committee is recommending the City Council also direct staff to take steps, if Measure "P" is defeated, to see that the City residents that have paid the additional fee on this year's tax bill are reimbursed by August, 1989 or the earliest possible time. This Committee recommends the Council accept this report and adopt its recommendations. Upon a motion by Councilmember McDermott, Budget and Finance Committee Report No. 42-88 was accepted. Upon a motion by dations within Budget and implemented. Councilmember McDermott, the recommen- Finance Committee Report No. 42-88 were Bakersfield, California, October 26, 1988 - Page 11 Councilmember Childs read Budget and Finance Committee Report No. 43-88 regarding Public Works Contract Award Procedures, as follows: The City Council referred a document from Mr. Wayne Keller of the Electricians Union, Local 428, regarding public works construction contracts to the Budget and Finance Committee for review. Mr. Keller requested that the City consider certain criteria listed in the document he submitted, when awarding public works construction contracts. The Committee has reviewed this matter with Public Works Department Staff, as well as the City Attorney. It was determined that the nine California State law requirements Mr. Keller cited are already required in our existing specifications. It was also pointed out by Staff that recent legislation (AB 3045) which addressed many of the same criteria presented by Mr. Keller and would have changed the definition of "Lowest Responsible Bidder" to provide local governments more flexibility in choosing quality contractors for public works projects had been vetoed by the Governor. The Committee also met with John King who has taken on Mr. Keller's duties for the Union. After discussion with Mr. King, who seemed satisfied with the City's bidding procedures, and due to the constraints of current law in choosing public works contractors, the Committee recommends that no additional changes be made in specifications at this time and that the criteria, as presented by Mr. Keller be utilized by the Public Works Department as a guideline for the review of potential contractors. Upon a motion by Councilmember Childs, Budget and Finance Committee Report No. 43-88 was accepted. Upon a motion by Councilmember Childs, the tions within Budget and Finance Committee Report No. imolemented. recommenda- 43-88 were The CONSENT CALENDAR following items were listed on the Consent Calendar: Approval of Warrant Nos. 2076 to 2464 inclusive, in the amount of $1,703,693.31 Bakersfield, California, October 26, 1988 - Page 12 Communications: Communication from R. A. Campbell, 3005 Horace Mann Ave., dated October 4, 1988, requesting investigation of the Police Department. (RECEIVE AND REFER TO POLICE CHIEF) Communication from Barbara Don Carlos, Executive Vice President, BIA, 5405 Stockdale Hwy., Suite 112A, dated October 10, 1988, submitting her resig- nation as the Bakersfield Board of Realtors Representative on the Fair Housing Advisory Committee. (RECEIVE AND REFER TO COMMUNITY DEVELOPMENT) Communication from Karl F. Hettinger, Kern County Supervisor, Fourth District, 1415 Truxtun Avenue, dated October 4, 1988, supporting efforts for a traffic signal at the intersection of Pin Oak Park Boulevard and White Lane. (RECEIVE AND REFER TO PUBLIC WORKS) Communication from Simpson-VanCuren, Inc., 2020 K Street, dated October 13, 1988, requesting to amend the Land Use Element of the Bakersfield Metropolitan Area General Plan from Low Density Residential to Commercial, Office and High Density Residential. (RECEIVE AND REFER TO PLANNING COMMISSION) Claim for Damages and Personal Injuries from the following: 1. Ronnie Artiaga, 2325 Alturas; 2. Leslie Ann Morrison, 1700 Isil Avenue; 3. Alma Garcia, 1010 Delores Street; and 4. California Insurance Company, 1410 Wible Road, #108. (REFER TO CITY ATTORNEY) Dedication of Properties: Grant Deed from Cooper's Nursery to the City and Quitclaim Deed from the City to Cooper's Nursery. 2. Access Easement from Cooper's Nursery. Bakersfield, California, October 26, 1988 - Page 13 g · Storm Drain Easement from Cooper's Nursery. Street Right-of-Way Deed from Cooper's Nursery. Final Map and Improvement Agreement No. 88-253 with Watson Company for Tract 5074 for 132 lots on 30.84 acres located south of Hageman Road and east of Patton Way. Notices Of Completion and Acceptance of Work for the following projects: Panorama Drive Bridge Repairs (Over Manor Street), City Contract No. 88-202, was completed on October 7, 1988. Tract No. 5033, Unit 1, located at or near Calloway Drive and Hageman Road, City Contract No. 88-121, was completed on October 14, 1988. o Tract No. 5034, Unit 1, located at or near Calloway Drive and Hageman Road, City Contract No. 88-123, was completed on October 14, 1988. Parcel Map No. 8585, located at or near Calloway Drive and Hageman Road, City Contract No. 88-03, was completed on October [4, [988. Traffic Signal System on Gosford Road at White Lane, City Contract No. 88-164, was completed on October 17, 1988. Agreement No. 88-254 with the County of Kern for participation in the Work Release Program. Award Contract No. 88-255 for Concrete Block Pumphouse for Laborde Water Well Number L201 located on Rancho Laborde Drive, south of Meacham Road to Kerr] County Construction Inc., in the amount of $24,399.00, reject other bids and authorize the Mayor to execute the Contract. Approval of the appointment of Linda Eviston, the At Large and Richard Prado, the At Large Alternate for City/County Fair Housing Advisory Committee Members. Bakersfield, California, October 26, 1988 - Page 14 Upon a motion by Councilmember DeMond, Items a, b, c, d, e, f, g, h and i of the Consent Calendar were adopted by the fol- lowing vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Smith, Childs, DeMond, McDermott, Salvaggio Ratty, Peterson, ACTION ON BIDS Eight Dump Trucks (1 additional, 7 replacement). Upon a motion by Councilmember Salvaggio, low bids from Jim Burke Ford in the amount of $155,998.99 (2 trucks); Motor City Sales in the amount of $182,846.24 (5 trucks); Bakersfield Truck Center in the amount of $64,203.67 (1 truck) were accepted, and all other bids rejected. Rear Loading Refuse Truck and Packer (additional equipment) for Community Services. Upon a motion by Councilmember Peterson, low bid from Central Valley Truck Center in the amount of $92,130.96 was accepted, and all other bids rejected. Four Replacement Sedans (3 Fire, 1 Auditorium). Upon a motion by Councilmember McDermott, low bid in the amount of $63,467.03 from Three-Way Chevrolet was accepted, and the other bid rejected. One Ton Stencil Truck for General Services Signing and Striping Section (replacement). Upon a motion by Councilmember DeMond, low bid in the amount of $27,882.24 from Jim Burke Ford was accepted, and all other bids rejected. Approval of Annual Contract No. 88-256 with Gilliam & Sons, Inc. for Demolition of Substandard Buildings. Councilmember Childs asked staff to review the bids to see if any minority contractors submitted bids for this item. Upon a motion by Councilmember Childs, Contract No. 88-256 with Gilliam & Sons, Inc. in the amount of $132,780.00, was approved, the other bid rejected, and the Mayor authorized to execute the Contract. Bakersfield, California, October 26, 1988 Page 15 Approval of Annual Contract No. 88-257 with Enriquez Construction Co. for Curbs, Gutters and Sidewalks. Upon a motion by Councilmember DeMond, Contract No. 88-257 with Enriquez Construction Co. in the amount of $77,390.00 was approved, the other bid rejected, and the Mayor authorized to execute the Contract. Approval of Annual Contract No. 88-258 with A-C Electric Company for Vehicle Loop Cutting at Various Intersections. Upon a motion by Councilmember Peterson, Contract No. 88-258 with A-C Electric Company in the amount of $32,130.00 was approved, the other bids rejected, and the Mayor authorized to execute the Contract. Sale of surplus computer printer. Upon a motion by Councilmember Salvaggio, the sale of surplus computer printer was approved by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Peterson, Repair of roof overhang at Fire Station No. 7. Upon a motion by Councilmember Childs, the bid from Omega Construction in the amount of $28,840.00 was rejected and the project authorized to be readvertised. DEFERRED BUSINESS Adoption of Ordinance No. 3185 of the Council of the City of Bakersfield amending Subsections E., F. and G. of Section 12.56.020, Section 12.56.040, Subsection J. of 12.56.050, Section 12.56.060, Subsections A.3. and B. of Section 12.56.100, Subsections A.3. and B. of Section 12.56.110, Subsection I. of Section 12.56.140, Sections 12.56.180, 12.56.190 and 12.56.200, Subsection B. of Section 12.56.220, Subsections C.2. and 4. of Section 12.56.240 of the Bakersfield Municipal Code and adding Sections M. and N. of Section 12.56.050, Subsection N. of Section 12.56.120, Sub- section A.4. of Section 12.56.150, Section 12.56.155, Subsection C. of Section 12.56.220 and Section 12.56.225 to the Bakersfield Municipal Code and repealing Subsection L. of Section 12.56.120 of the Bakersfield Municipal Code relating to parks. Bakersfield, California, October 26, 1988 - Page 16 This Ordinance, regulating comsumption and sale of alco- hol and park curfews, was given first reading at the meeting of October 12, 1988. Upon a motion by Councilmember Peterson, Ordinance No. 3185 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, DeMond, Ratty, McDermott, Salvaggio Councilmember Childs None None Peterson, Adoption of Zoning Resolution No. 366 of the Council of the City of Bakersfield denying the appeal of Joe Gannon from the decision of the Planning Commission to amend Title 17 of the Bakersfield Municipal Code to change the land use zone in and along the Kern River to be consistent with the Primary Flood Plain identified by the State of California Reclamation Board and Secondary Floodplains. This following the 1988. Resolution sets forth the decision of the Council public hearing on the matter held on September 28, Upon a motion by No. 366 of the Council of the following vote: Councilmember DeMond, Zoning Resolution the City of Bakersfield was adopted by Ayes: Councilmembers Noes: None Abstain: None Absent: None Smith, Childs, DeMond, McDermott, Salvaggio Ratty, Peterson, Approval of Subdivision Resolution No. 10 of the Council of the City of Bakersfield granting the appeal by Shandon Investment Group from the decision of the Planning Commission denying their request for time extension for Tentative Tract Map No. 4668, affecting those certain properties located on the north side of Copperwood Lane, approximately one-fourth mile east of Fairfax Road and one-fourth mile north of Panorama Drive. This following the 1988. Resolution sets forth the decision of the Council public hearing on the matter held on September 28, Bakersfield, California, October 26, 1988 - Page Upon a motion by Councilmember Smith, Subdivision Resolution No. 10 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio None None None Noes: Abstain: Absent: Adoption of Resolution of Intention No. 1052 of the Council of the City of Bakersfield 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. This Resolution sets the public hearing for the Council meeting of November 30, 1988, to consider the matter. Upon a motion by Councilmember DeMond, Resolution of Intention No. 1052 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: None Peterson, Due to the temporary absence of Mayor Payne, Smith Chaired the meeting. Adoption of Resolution of Intention No. 1053 of the Council of the City of Bakersfield declaring its intention to establish Maintenance District No. 20 (East Hills). Vice-Mayor This Resolution sets the protest hearing for the Council meeting of November 30, 1988. Upon a motion by Councilmember Childs, Resolution of Intention No. 1053 of the Council of the City of Bakersfield was adooted by the following vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Smith, Childs, DeMond, Ratty, McDermott, Salvaggio Peterson, Bakersfield, California, October 26, 1988 - Page 18 Adoption of Resolution No. 213-88 of the Council of the City of Bakersfield preliminarily adopting, confirming and approving Public Works Manager's Report; appointing time and place for hearing protests to the proposed District, the boundaries thereof, the fairness of the benefit formula, the amount of assessment to be levied against each parcel and the reservation of right to perform work by City forces. (Resolution of Intention No. 1053, Maintenance District No. 20). This Resolution gives preliminary approval to the report of the Public Works Manager, including Maintenance District No. 20 boundary, benefit formula, budget and assessments, and sets the protest hearing for the Council meeting of November 30, 1988. Upon a motion by Councilmember Peterson, Resolution No. 213-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: None Peterson, Mayor Payne returned to Chair the meeting. Approval of Contract No. 88-259 with GEO Systems Consultants, Inc. for site assessment at the homeless shelter, 1600 E. Truxtun Avenue. Upon a motion by Councilmember DeMond, Contract No. 88-259 and the appropriation of $17,510 froin money received from Penzoil was approved, and the Mayor authorized to execute the Contract, by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Peterson, Approval of Agreement No. 88-260 with BSK & Associates, Geotechnical Consultants, Inc., for soils investigation for the Bakersfield Airpark Expansion. Upon a.motion by Councilmember Salvaggio, Agreement 88-260 was approved and the Mayor authorized to execute the Agreement. No. Approval of Agreement No. 88-261 with Aerial Photomapping Services for aerial survey work at the Bakersfield Airpark, the City of Bakersfield Sanitary Landfill, and on various streets in Bakersfield. Bakersfield, California, October 26, 1988 Page 19 Upon a motion by Councilmember DeMond, Agreement No. 88-261 was approved and the Mayor authorized to execute the Agreement. Approval of Agreement No. 88-262 with Mr. & Mrs. Leroy Pasley to operate a concession stand at Beach Park. Upon a motion by Councilmember Childs, Agreement No. 88-262 was approved and the Mayor authorized to execute the Agreement. Approval of Agreements No. 88-263 88-264, 88-265, and 88-266, with Willard Martin to operate concession stands at Beale, Jastro, Patriots and Planz Parks. Staff was directed to review procedures for designating concessionaires. Upon a motion by Councilmember DeMond, Agreements No. 88-263, 88-264, 88-265 and 88-266 were approved and the Mayor authorized to execute the Agreements. Agreement with Robinson, Palmer and Stanton for Legal Services in the case of Kathleen Alysan Grady-Smith, et al. vs. City of Bakersfield. Councilmember DeMond made a motion to approve the Agreement with Robinson, Palmer and Stanton for Legal Services the case of Kathleen Alysan Grady-Smith, et al. vs. City of Bakersfield, and authorized the Mayor to execute the Agreement. Councilmember Childs made a substitute motion to defer this item until after the Closed Session. The motion was approved by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, McDermott Councilmembe r Salvaggio None None DeMond, Ratty, Peterson, Approval of Contract No. 88-267, Memorandum of Understanding to extend the Joint City/County Fair Housing Program (FHP) to October 31, 1989. Upon a motion by Councilmember Salvaggio, Contract No. 88-26'7 was approved and the Mayor authorized to execute the Memorandum of Understanding, and authorize funds from CDBG pro- gram to implement the Fair Housing Program. Bakersfield, California, October 26, 1988 - Page 20 Approval of Agreement No. 88-268 to purchase real property from Louis Morrison. Upon a motion by Councilmember Salvaggio, Agreement No. 88-268 was approved. Recommended solution to a specific parking problem in the Redevelopment Project Area. Upon a motion by Councilmember DeMond, various existing on-street parking time limits will be changed to all day parking in designated areas with a temporary limitation until Committee can bring this issue back before the Council. COUNCIL STATEMENTS Councilmember Childs read a letter received from the National Association of Black and Minority Chamber of Commerce, refunding him $70 of the registration fee. He submitted the check to the City. He submitted a report on "Tourism 2000" con- ference in New Orleans, to the Council. Councilmember Ratty stated that the issue regarding con- tracts will be coming before the Budget and Finance Committee in the next two weeks. Councilmember Ratty stated that it was unfortunate that the City's name did not appear on the Ballot opposing Measure Councilmember DeMond stated that she received Solid Waste Management Advisory Committee information directly from the County. She asked Staff to provide copies to the Council. She will see that information that will require Council action be passed on to the Council for review. Councilmember DeMond asked that workshops be held in the Council Chambers when possible. Councilmember McDermott referred the Bingo Ordinance to the Budget and Finance Committee for review. Councilmember McDermott stated that he would hope the Council could work together when working on issues such as Measure "P". Upon a motion by Councilmember Peterson, Council recessed to the City Manager's Conference Room for Closed Session pursuant to Government Code Section 54956.9(a) at 9:36 p.m. CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(a) regarding Madsen vs. City of Bakersfield.