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HomeMy WebLinkAbout10/12/1988 MINUTES CCBakersfield, California, October 12, 1988 Minutes of the Special Meeting of the Council of the City of Bakersfield, California, for the purpose of a Workshop held in the Council Chambers of City Hall, 1501 Truxtun Avenue, at 5:15 p.m., October 12, 1988. The meeting was called to order by Mayor Payne. Roll was called as follows: Present: Mayor Payne. Absent: None Councilmembers Childs, DeMond, Ratty, Peterson, McDermott, Smith (seated at 5:20 p.m.), Salvaggio (seated at 5:30 p.m.) WORKSHOP INDEMNITY HEALTH INSURANCE (Personnel Department) Assistant City Manager Strenn provided background infor- mation on the City's health insurance program. Mr. David McCleary, Arm Tech Corporation, was hired by the City as a Consultant to study the health insurance program. Mr. McCleary provided the Council with a proposal that he felt will provide improved health insurance coverage. ADJOURNMENT There being no further business to come Council, upon a motion by Councilmember Peterson, adjourned at 5:55 p.m. ATTEST: before the the meeting was CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California bz Bakersfield, California, October 12, 1988 Minutes of the Special Meeting of the Council of the City of Bakersfield, California, for the purpose of a Closed Session held in the Manager's Conference Room, City Hall, 1501 Truxtun Avenue, at 5:55 p.m., October 12, 1988. The meeting was called to order by Mayor Payne. City Clerk Williams called the roll as follows: Present: Mayor Absent: None Payne. Councilmembers Childs, DeMond, Smith, Ratty, Peterson, McDermott, Salvaggio CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(a) regarding Sand Creek Associates vs. City of Bakersfield. Closed Session pursuant to Government Code Section 54956.9(a) regarding Madsen vs. City of Bakersfield. Upon a motion by Councilmember Salvaggio, Council adjourned to the City Manager's Conference Room for Closed Session. Council, ADJOURNMENT There being no further business to come before the the meeting was adjourned at 6:45 p.m. ATTEST: MAYOR of the City of Bakersfield, CA CITY CLERK and Ex Officio Clerk of the Cou c'l of the City of Bakersfield, California bz Bakersfield, California, October 12, 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 12, 1988. The meeting was called to order by Mayor Payne followed by the Invocation by Reverend James Pete Baker, Minister of Church Education, First Assembly of God Church, and the Pledge of Allegiance. City Clerk Williams called the roll as follows: Present: Mayor Payne. Absent: None Councilmembers Childs, DeMond, Smith, Ratty, Peterson, McDermott, Salvaggio MINUTES Upon a motion by Councilmember Childs, Minutes of the Regular Meetings of July 6, 1988 and July 27, 1988, and Special Meeting of July 27, 1988, were approved with corrections. PUBLIC STATEMENTS Mr. Jeffrey C. Brown, 901 Pershing Street, spoke regard- ing need for better treatment of homeless in Bakersfield. Mrs. Lisa Smith, 5113 Marina Drive, spoke in opposition of the proposed ordinance prohibiting alcoholic beverages in City parks. Mr. Dennis Fox, 918 Blossom, spoke regarding the anti- drinking ordinance. He stated he would like the Council to add the following: say "seeking problems to national problems again being dumped at the local level." asked that the parkway be specifically defined in Section 12.56020 E. as a community park. and, that bottled beverages be declared contrabanded thus allow immediate confiscations and disposal whether a citation is considered or not. Mr. Bruce Keith, 6104 Preston Court spoke in support of the Property Maintenance Ordinance. Bakersfield, California, October 12, 1988 - Page 2 HEARINGS This is the time set for public hearing on Resolution of Intention No. 1050 of the Council of the City of Bakersfield declaring its intention to establish Maintenance District No. 19, generally bounded by South "H" Street on the west, Union Avenue on the east, Pacheco Road on the north and the Arvin-Edison Canal on the south. This hearing has been duly advertised, posted and the property owners notified as required by law. Petitions were submitted totaling 447 signatures in opposition to Maintenance District No. 19 - proposed development of a park adjacent to Greenfield School. Communication was received from Eda Sandrini, 310 Panama Lane, dated October 4, 1988, opposing the assessment fee. Communication was received from Tina Massey, 6608 Finch Way, dated October 3, 1988, opposing the proposed maintenance assessment district. Communication was received from Primitivo and Nadine Calvetti, 5409 Ilene Court, October 10, 1988, opposing the devel- opment of a park near Greenfield School. Communication was received from H.T. Stone, 1518 McCleary, October 12, 1988, opposing the proposed park adjacent to Greenfield Junior High School. a Petition was received October 11, signatures from adjacent property owners in site next to Greenfield Junior High School. 1988, submitting 41 support of a park Communication was received from Mr. Blue, 5321 Claire Street, dated October 12, proposed park adjacent to Greenfield Junior & Mrs. Floyd W. 1988, supporting the High School. Public Works Director Schulz provided an update. Councilmember Salvaggio clarified several issues. The Mobile Home Park and the pedestrian walk way, from Greenfield Junior high to Bayne Court, will be removed. Under City policy, farm land is not assessed until there is a subdivision filed or development on that property. The assessment for the initial park construction will only be for those residences between Fairview and a little north of Pacheco. He also clarified that in the future, residences living south of Fairview Road, if and when a park is developed ~ mile south of Fairview Road, east of Monitor, would pay the assessment at that time. Mayor Payne declared the hearing open for public participation. Bakersfield, California, October 12, 1988 - Page 3 The following spoke in support of Barbara Lomas, 1321 O'Neill; Glen Worthington, Barrett Irvine, CA 92718; Marilyn Browning, 5401 Claire Street; Richard Ansley, 2408 Connie Avenue; Tony Lomas, 1321 O'Neill; Kay Lilly, 1320 Bayne Court; Susan Blackstone, 1320 Santiago Court, from Elizabeth Bruehs; Cindy Longcrier, 1301 O'Neill; Pete Ruiz, 4705 Ohman Court; Alicia Picaso, 1413 Santiago Court; William Knuckus, 5500 $igna Street; Cathy Berkham, 1401 Santiago; Mark Lilly, 1320 Bayne Court; and Heath Zar, 1301 Bayne Court. The following spoke in opposition to the Eric Ralston, 1120 O'Neill; Bob Hutchinson, 5404 Claire Street; Josette Jung, 5525 Dustin; the proposed park: 30 Fairbank, Irvine, submitted letter proposed park: Cathy Pelton, 1304 Bayne Court, submitted petitions; Eugene Schafter, Space 24, Mobile Home Estates; Frank Fisher, 1316 Bayne Court; Juan Flores, 5316 Jonah Street; Steve Hulsey, 5200 Claire, submitted petition 261 oppose, 41 support; Gabriel Humpries, 1513 Santiago Court; and Steve Aurgon, 5212 Claire. Bakersfield, California, October 12, 1988 - Page 4 Parks Superintendent Fabbri clarified the description of the proposed park. The following spoke in rebuttal: Tony Lomas, 1321 O'Neill; Dr. Browning, 5401 Claire Street; Jacqulyn Ansley, 2408 Connie Avenue; Barbara Lomas, 1301 O'Neill; Janice Fisher, 1316 Bayne; Bob Hutchinson, 5404 Claire Street; Mark Lilly, 1320 Bayne Court; and Steve White, 5821 Lenz Court. Chief Patterson was directed to provide Council with statistics on crime in Maintenance District 19 area. 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 deliberation and action. Councilmember Salvaggio thanked the residents and the Superintendent and Assistant Superintendent of Greenfield School for attending the meeting. He provided background information on the process of acquiring the proposed park. Public Works Director Schulz stated that no majority written protests have been filed against the establishment of Maintenance District NO. 19. Councilmember Salvaggio made a motion to adopt Resolution No. 204-88 of the Council of the City of Bakersfield establishing Maintenance District No. 19 and confirming the assessment based on the boundaries that have been described by staff. Upon a motion by Councilmember Ratty, the call for the question was approved. Adoption of Resolution No. 204-88 of the Council of the City of Bakersfield establishing Maintenance District No. 19 and confirming the assessment and authorizing collection of assessments by the Kern County Tax Collector. Bakersfield, California, October 12, 1988 - Page 5 Mayor Payne stated Councilmember Salvaggio's motion to adopt Resolution No. 204-88 of the Council of the City of Bakersfield establishing Maintenance District No. 19 and confirm- ing the assessment based on the boundaries that have been described by Staff. The motion was approved by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Peterson, Mayor Payne recessed the meeting at 9:10 p.m. The meet- ing reconvened at 9:22 p.m. This is the time set for public hearing before the Council of the City of Bakersfield on Resolution of Intention No. 1051 declaring its intention to order the vacation of a portion of Bahamas Drive north of Empire Drive in Parcel Map No. 7310 in the City of Bakersfield. This hearing has been duly advertised, posted and the property owners notified as required by law. Public Works Director Schulz provided an update. Mayor Payne declared the hearing open for public par- ticipation. 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. 205-88 of the Council of the City of Bakersfield ordering the vacation of a portion of Bahamas Drive, north of Empire Drive (adjacent to Parcels 7, 8 and 9) of Parcel Map No. 7310 in the City of Bakersfield. Upon a motion by Councilmember Ratty, Resolution No. 205-88 of the Council of the City of Bakersfield ordering the vacation of a portion of Bahamas Drive north of Empire Drive in Parcel Map No. 7310 in the City of Bakersfield, was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Peterson, This is the time set for public hearing before the Council of the City of Bakers- field to approve the Kern County Solid Waste Management Plan 1988 Revision. This hearing has been duly advertised and posted as required by law. Bakersfield, California, October 12, 1988 - Page 6 Evan Edgar, Civil Engineer, Project Manager on County Solid Waste Management Plan, briefed the Council on the process and requested that the City adopt the plan by resolution. Councilmember McDermott made a motion to postpone the hearing to the first Council meeting following the Election. Councilmember Ratty made a substitute motion to adopt the Kern County Solid Waste Management Plan - 1988 Revision. Councilmember DeMond suggested that possibly all Councilmembers could receive paperwork on major issues and maybe this could be discussed at a future workshop. Councilmember McDermott rated areas included in the Plan, only unincorporated areas. stated he wanted the incorpo- regarding the litter issue, not Upon a motion by Councilmember DeMond, the call for the question was approved. Adoption of Resolution No. 206-88 of the Council of the City of Bakersfield approving the Kern County Waste Manage- ment Plan. Mayor Payne stated Councilmember Ratty's motion to adopt the Kern County Solid Waste Management Plan - 1988 Revision. The motion was approved by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Councilmembers Childs, None None DeMond, Ratty, McDermott Peterson, Salvaggio Councilmember Childs clarified his vote stating he voted against the motion because he cannot see voting for something he knows nothing about. Councilmember Peterson thanked the Council and feels this is a positive step. He stated that there is a communication oroblem that the Council and Staff will need to work on. Councilmember McDermott clarified his vote stating that the Plan does not encumber any funds for the cleaning ot the illegal dumping; it says only pursuing it. He feels that is a further conclusion why he had to oppose the Plan. This is the time set for public hearing for the purpose of hearing any evidence for or against an application by Rancho Laborde to amend Specific Plan 86-2, Section 12.3(2), Paragraph 1, Page 36, for the development of a new elementary school facility by temporary or permanent structures within Fruitvale School District. This hearing has been duly advertised, posted and the property owners notified as required by law. Bakersfield, California, October 12, 1988 - Page 7 Planning Director Hardisty provided an update. Mayor Payne declared the hearing open for public par- ticipation. Jeff Brown, 901 Pershing Street, spoke regarding the Solid Waste Management Plan. No protests or objections being received, wishing to speak in favor, Mayor Payne closed the of the hearing for Council deliberation. and no one public portion Adoption of Resolution No. 207-88 of the Council of the City of Bakersfield amending the Rancho Laborde Specific Plan to replace Section 12.3(2), Para- graph 7, Page 36 with a Mitigation Agreement between the Fruitvale School District and Clifford Bressler (Trustee), dated August 9, 1988. Approval of Agreement No. 88-244, between Fruitvale School District and Clifford Bressler. Upon a motion by Councilmember Ratty, Resolution No. 207-88 of the Council of the City of Bakersfield was adopted and Agreement No. 88-244 was approved and the Mayor authorized to execute by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: None Peterson, REPORTS Councilmember Smith read Auditorium and Community Services Committee Report No. 9-88 regarding information program for the handicapped as follows: At the June 8, 1988 City Council Meeting, the issue of informing handicapped individuals and organizations of recreation programs offered by the City of Bakersfield was referred to the Auditorium and Community Services Committee. On August 8, 1988, the Committee met with Staff and Mrs. Wilma Sweeney, a concerned citizen, to discuss this issue. After tentative approval of Mrs. Sweeney's request for a City endorsement of her project, further contact was made to clarify her proposal. At this time she indicated her plans had changed and that she would not be pursuing her interest in developing a handicapped information program. Mrs. Sweeney expressed her gratitude for the City's cooperation and concern. Bakersfield, California, October 12, 1988 - Page 8 Based on the above information and with the understanding that programming for handicapped individuals shall always be a prime consideration whenever City recreation activities are developed, it is the recommendation of this Committee that no further action be taken. Upon a motion by Councilmember Smith, Auditorium and Community Services Committee Report No. 9-88 was accepted. An Ordinance 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, Subsection 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, Subsection 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. Communication from Frank L. Stramler, Director, Kern County Parks and Recreation Department, 1110 Golden State Avenue, dated October 5, 1988, supporting adoption of Ordinance regarding use of alcoholic beverages in City parks. Councilmember Peterson, Chairperson of the Auditorium and Community Services Committee, read Majority Report No. 10-88 regarding controlling alcoholic beverages in City parks as follows: At the September 14, 1988 City Council meeting, the issue of amending the Park Ordinance restricting alcohol and glass containers in City parks and changing park curfews from 11:00 p.m. to 10:00 p.m. was referred to the Auditorium and Community Services Committee. On October 3 and October 10, 1988, the Committee met with Staff and concerned individuals to discuss this issue. Bakersfield, California, October 12, 1988 - Page 9 The majority of the Auditorium and Community Services Committee made the following observation: Drinking in the parks restrict the usage of the parks by families because of the inability to control drinking, drugs, and related problems. Parks were established for the family. Liability of the City could be increased because of drinking-related problems. The Kern County Superintendent of Parks and Recreation endorses this proposed Amendment the Park Ordinance. to Other cities (Los Angeles, Fresno and San Diego) as well as other Kern County cities have already established non-drinking ordinances, which has forced their citizens to come to Bakersfield, where drinking is not restricted, causing our Police to make additional arrests. The proposed Amendment to the Park Ordinance would give the Police Department an effective tool with which to control drinking-related problems, as well as free officers to handle more important tasks. The Chief of Police distributed pictures of litter, beer cans and broken glass and bottles taken at several City parks. He indicated arrests in the parks would decrease with the new Amendment to the Park Ordinance, as would calls for police services. Based on the above information, it is our recommendation that we approve the proposed Amendment to the Park Ordinance and consider it first reading. Upon a motion by Councilmember Peterson, Community Services Committee Majority Report No. accepted. Auditorium and 10-88 was Councilmember Childs read Services Committee Minority Report Controlling alcoholic beverages in Auditorium and Community No. 11-88 regarding City parks, as follows: At the September 14, 1988 City Council meeting, the issue of amending the Park Ordinance restricting alcohol and glass containers in City parks and changing park curfews from 11:00 p.m. to 10:00 p.m. was referred to the Auditorium and Community Services Committee. On October 3 and October 10, 1988, the Committee met with staff and concerned individuals to discuss this issue. This is a Minority Report of said Auditorium and Community Services Committee. Almost every Ward in the City of Bakersfield has parks, therefore, while this member of the Com- mittee is in support of the concept of the Amendment to the Park Ordinance as presented by Bakersfield, California, October 12, 1988 Page 10 the Chief of Police, it is felt that since citizens of the City of Bakersfield have enjoyed the use of City parks, which include the privilege of bringing alcoholic beverages into parks, they should not be denied that privilege at this time. Based on the above, it is recommended that this issue be referred back to the City Council for further discussion and action. Upon a motion by Councilmember Childs, Auditorium and Community Services Committee Minority Report No. 11-88 was accepted. Upon a motion by Councilmember Childs, Mr. A.J. Morales, 2624 Earlene Avenue, spoke on behalf of the Black Caucus of Kern County and Bakersfield, NAACP and the Philip Randolph Institute. Mr. Morales asked the Council not make this proposal and asked if it came to an agreement to delete Item 4 of the ordinance. Councilmember Childs stated that this ordinance should not pass at this particular time and he feels it will not be as beneficial as hoped it would be. Councilmember ing to an ordinance of in City parks. Peterson made a motion to give first read- the Council regarding alcoholic beverages Councilmember Ratty suggested to Councilmember Peterson to amend his motion to include a one-year sunset clause, to come back to Council for review after one-year. Councilmember Childs made a substitute motion to post the parks that have created a problem in relation to drinking for a period of one-year. Upon a motion by Councilmember Childs, the call for the question was approved. Mayor Payne restated Councilmember Childs motion to post the problem parks for a period of 12 months and during that period if there is not an overwhelming concern or complaints it can be re-evaluated. The motion failed by the following vote: Ayes: Noes: Abstain: Absent: Councilmember Childs Councilmembers Smith, DeMond, Ratty, McDermott, Salvaggio None None Peterson, Bakersfield, California, October 12, 1988 - Page 11 First Reading of an Ordinance 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, Subsection 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, Subsection 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. Mayor Payne restated Councilmember Petersoh's motion to adopt the ordinance and consider this first reading and implement a sunset clause of 12 months. The motion was approved by the following vote: Ayes: Councilmembers Smith, DeMond, Ratty, McDermott, Salvaggio Noes: Councilmember Childs Abstain: None Absent: None Peterson, Councilmember Childs clarified his vote stating he does not believe that a good lawyer would not capitalize on the fact that a person had a citation in his pocket. Councilmember Childs stated that the Council wants to recognize everyone but they cannot continue recognizing the audi- ence on every issue and he wants his constituents and the audi- ence to understand that. The a. CONSENT CALENDAR following items were listed on the Consent Calendar: Approval of Warrant Nos. 1600 to 2075 inclusive, in the amount of $4,253,843.45. Communication from Debbie Sherman, Amnesty International Local 456, P. O. Box 80812, received October 4, 1988, submitting petitions signed by 432 people, supporting Amnesty International's Resolution for Human Rights. (RECEIVE AND REFER TO LEGISLATIVE COMMITTEE) Bakersfield, California, October 12, 1988 - Page 12 Claim for Damages and Personal Injuries from the following: 1. Erinn Lynn Frisch, 7801 S. Laurelglen, #C~ 2. Felix Roberts, 4204 Mira Loma Court; 3. Forrest E. Chancellor, 3200 E1 Encanto, Apt. #2; 4. Karen Sweeney, 125 McCord, No. B; 5. Martha and Charles Adams, 5101 Hunter Avenue, #16; 6. Terrace West Apartments, 1000 McDonald Way; and 7. Victor Myronenko, 6112 Nogal Avenue. (REFER TO CITY ATTORNEY) d. Dedication of Properties: e Street Right-of-Way Deeds from Sunrise Unlimited to the City and Quitclaim Deed from the City of Bakersfield to Sunrise Unlimited. Sewer Line Easement (Permanent) from Diocese Fresno Education Corporation for a sewer line easement located North of Stockdale Highway and East of E1 Rio Drive. Individual Grant Deed from James A. Shultis and Judy Shultis Steffans. Final Map and Improvement Agreement No. 88-245 with CBM Development Inc., for Tract 4919, Phase 1, for 41 lots on 8.4 acres located East of Oswell Street and South of Virginia Avenue. Approval of Plans and Specifications for construction of Stockdale Highway Bridges at Kern River and Cross Valley Canal, FAU No. (M)F248. Contract Change Order No. 3 - Contract No. 88-165, with Granite Construction Company for "H" Street Underpass. i. deleted Bakersfield, California, October 12, 1988 - Page 13 Agreement No. 88-246, Amendment No. 1 to Metro-Bakersfield Intermodal Transit Study Agreement with the Kern Council of Govern- ments, County of Kern and Parsons, Brinckerhoff, Quade and Douglas, Inc. Agreement No. 88-247, Amendment to Agreement No. 81-11 with Shaffer Psychological Institute for psychological screening of applicants for police officer positions. Accept low bid for ammunition for Police Department from Omark Industries in the amount of $6,873.89 and reject all other bids. Accept low bid for offset wheel disk for Ag Water Division from Berchtold Equipment Company in the amount of $6,884.70 and reject all other bids. Accept low bid for thermoplastic premelting kettle and trailer from Hiway Marking Systems, Inc. in the amount of $11,371.68 and reject all other bids. Award Annual Contract No. 88-248, for automotive batteries to A-1 Battery Company in the amount of $12,770.81, reject all other bids, and authorize the Mayor to execute the contract. p. Approval of Plans and Specifications to repair the roof overhang at Fire Station No. 7. Upon a motion by Councilmember McDermott, Item i, Agreement with Bakersfield Credit Control Service for the collec- tion of the City's unpaid accounts was deleted from the Consent Calendar to be considered as a separate item. Upon a motion by Councilmember DeMond, Items a, b, c, d, e, f, g, h, j, k, 1, m, n, o and p, with the exception of Item i, of the Consent Calendar, were approved by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: None Peterson Upon a motion by Councilmember McDermott, Item i, Agreement with Bakersfield Credit Control Service for the collec- tion of the City's unpaid accounts was referred to the Budget and Finance Committee. Bakersfield, California, October 12, 1988 - Page 14 ACTION ON BIDS Hazardous Material Response Unit (Truck) for Fire Department. Upon a motion by Councilmember DeMond, the bid was rejected and Staff authorized to re-evaluate needs and specifica- tions. Colt Pistols for Police Department. Upon a motion by Councilmember Peterson, the low bid from Valley Gun Distributors in the amount of $30,552.06 was accepted, and all other bids rejected. Contract No. 88-249, resurfacing E1 Potrero Lane, between White Lane and Planz Road. Upon a motion by Councilmember Salvaggio, the low bid from Granite Construction Company in the amount of $42,687.00 was accepted, the other bids rejected, and the Mayor authorized to execute the Contract. Truck mounted high pressure sewer cleaner (replacement) for Street Maintenance. Fexible and all Upon a motion by Councilmember DeMond, the low bid from Systems, Inc. in the amount of $70,225.00 was accepted, other bids rejected. Contract No. 88-250, Effluent Irrigation System for Wastewater Treatment Plant No. 2 Disposal Area. Upon a motion by Councilmember McDermott, the low bid from McLaughlin Construction Inc. in the amount of $97,619.02 was accepted, all other bids rejected, and the Mayor authorized to execute the Contract. Adoption of Resolution No. 208-88 of the Council of the City of Bakersfield determining that certain radio equipment can be reasonably obtained from only one vendor, Motorola C & E, and authorizing the Finance Director to dispense with bidding therefor, not to exceed $69,000.00. Upon 208-88 of the the following a motion by Councilmember Childs, Resolution No. Council of the City of Bakersfield was adopted by vote: Ayes: Noes: Abstain: Absent: Councilmembers None None None Smith, Childs, DeMond, Ratty, McDermott, Salvaggio Peterson Bakersfield, California, October 12, 1988 - Page 15 DEFERRED BUSINESS Adoption of Zoning Resolution No. 365 of the Council of the City of Bakers- field granting the Appeal of Bruce Keith from the decision of the Board of Zoning Adjustment denying a modification to permit an 8-foot high wall to encroach 15 feet into the front yard setback in a C-2 (Commercial) Zone on that certain property commonly known as 501 18th Street. This following the 1988. Resolution sets forth the decision of the Council Public Hearing on the matter held on September 14, Upon a motion by Councilmember DeMond, Zoning Resolution No. 365 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Peterson Adoption of Ordinance No. 3184 of the Council of the City of Bakersfield amending Section 12.44.031 D. of the Bakersfield Municipal Code relating to special permits for downtown promotions. This Ordinance was given first reading at the meeting of September 28, 1988. Upon a motion by Councilmember Peterson, Ordinance No. 3184 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Peterson NEW BUSINESS Adoption of Resolution No. 209-88 of the Council of the City of Bakersfield making findings and ordering the territory desig- nated as Proceeding No. 975, Annexation No. 325 (Calloway No. 2), annexed to the City of Bakersfield (Ward No. 4). Bakersfield, California, October 12, 1988 - Page 16 Upon 209-88 of the the following a motion by Councilmember Ratty, Resolution No. Council of the City of Bakersfield was adopted by vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Smith, Childs, DeMond, Ratty, McDermott, Salvaggio Peterson Adoption of Resolution No. 210-88 of the Council of the City of Bakersfield providing for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 327, LAFCO Proceeding No. 979, Brundage Lane No. 3 (Ward No. 1). Upon 210-88 of the the following a motion by Councilmember Childs, Resolution No. Council of the City of Bakersfield was adopted by vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Smith, Childs, DeMond, McDermott, Salvaggio Ratty, Peterson Adoption of Resolution No. 211-88 of the Council of the City of Bakersfield providing for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 328, LAFCO Proceeding No. 981, Casa Loma No. 4 (Ward No. 1). Upon 211-88 of the the following a motion by Councilmember Childs, Resolution No. Council of the City of Bakersfield was adopted by vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: None Peterson Adoption of Resolution of Application No. 212-88 of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 329 (Casa Loma No. 5 Annexation) generally located east of the City limits, north of White Lane and easterly of the Kern Island Canal (Ward No. 1). Bakersfield, California, October 12, 1988 - Page 17 Upon a motion by Councilmember Childs, Resolution of Application No. 212-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Peterson Agreement No. 88-251 with Gordon Special Services, Inc. for administration of School Crossing Guard Program. Upon a motion by Councilmember Peterson, Agreement No. 88-251 was approved and the Mayor authorized to execute the Agreement. Agreement No. 88-252 with North Bakersfield Recreation and Park District to provide services to territory located within the district boundary after annexation to the City of Bakersfield. Upon a motion by Councilmember DeMond, Agreement No. 88-252 was approved and the Mayor authorized to execute the Agreement. COUNCIL STATEMENTS Councilmember McDermott stated that an increase has been approved for garbage fees and was added to the property tax bill that was recently mailed out. He stated if Measure "P" is defeated the money collected will need to be reimbursed. He feels it is important to adopt a resolution, prior to the Election, stating how that money will be refunded. Upon a motion by Councilmember McDermott, the issue of possible reimbursement of fees by resolution was referred to the Budget and Finance Committee. Upon a motion by Councilmember Ratty, parking problems in downtown was referred to the Budget and Finance Committee for review. Councilmember Peterson asked Councilmember Ratty, Chairperson of the Budget and Finance Committee, for an update the issue of determining the lowest responsible bidder. on Councilmember Ratty stated that the Budget and Finance Committee will discuss the issue of determining the lowest responsible bidder at their next meeting. Councilmember Peterson asked for a status report on the issue of Limousine Services that was brought before the Urban Development Committee. Bakersfield, California, October 12, 1988 - Page 18 Fire Chief Needham stated that a report by the Urban Development Committee regarding the Limousine Service will be at the Council meeting of October 26, 1988. Mayor Payne referred correspondence from Lloyds Aviation Services relative to the Airpark, to Staff with a copy to Councilmember Salvaggio. Mayor Payne referred correspondence to Chief Patterson. Councilmember Salvaggio referred the issue of Jonah and Langston, city owned property, to the following Staff mem- bers: Public Works Manager Schulz; Planning Director Hardisty; Community Services Manager Dow; and Parks Superintendent Fabbri. Staff to report back to Council. ADJOURNMENT There being no Council, upon a motion by adjourned at 11:30 p.m. further business to come before the Councilmember DeMond, the meeting was MAY~R of the City of Bakersfield, ATTEST: ~ITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California CA bz