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HomeMy WebLinkAbout03/16/1988 MINUTES CCBakersfield, California, March 16, 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 at 5:24 p.m., March 16, 1988. The meeting was called to order by Mayor Payne. City Clerk Williams called the roll as follows: Present: Absent: Mayor Payne. Councilmember Councilmembers Childs, Ratty, Salvaggio DeMond, Smith, Peterson, McDermott DISASTER PREPAREDNESS Chief Needham briefed Council on procedures for declaring emergency. Disaster Procedures Manual was handed out to the Mayor and Council. Mike Kelly, Deputy Fire Chief, advised Council on earth- quake activity, specifically in California. Tess Tiger, Captain, briefed Council on the Emergency Preparation Drill held in 1987. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 6:00 p.m. ATTEST: MAYOR of the City of Ba.k~rsfield, CA CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California bz Bakersfield, California, March 16, 1988 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers City Hall at 7:00 p.m., March 16, 1988. of The meeting was called to order by Mayor Payne followed by a moment of silence 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, $alvaggio PRESENTATION Councilmember Childs presented certificates from the City of Bakersfield "Because of You, Bakersfield is a Better Place" to the Foothill High Trojans team. Councilmember McDermott read a proclamation, proclaiming the week of March 13-19, 1988, as Foothill High School Trojans' Basketball Week. PUBLIC STATEMENTS Wayne Maxwell, 5004 Evanston Court, spoke regarding animal control. Mr. Maxwell requested the Mayor send information regarding the animal problem to Sacramento. Frank Watts, 1204 Murdock, spoke regarding demolition of dangerous buildings. Beverly Burke, 1512 18th Street, spoke regarding downtown beautification. Ms. Burke invited the Council to participate in the dedication of the flower barrels for downtown. HEARINGS This is the time set for a continued public hearing on Resolution of Intention No. 1042 declaring its intention to order the vacation of 9th Street between "H" and "Eye" Streets and a portion of the alley in Block 48 in the City of Bakersfield. This hearing was continued from the meeting of February 24, 1988. Correspondence has been received from Russell P. Lusk and Associates, 814 "H" Street, dated March 10, 1988, and P.J. Baker of P.J. Mobile Homes, 812 "H" Street, dated March 14, 1988, in opposition to the proposed vacation of 9th Street. Upon a motion by Councilmember Childs, continued public hearing on Resolution of Intention No. 1042 declaring its inten- tion to order the vacation of 9th Street between "H" and "Eye" Streets and a portion of the alley in Block 48 in the City of Bakersfield was referred to the Planning Commission. Bakersfield, California, March 16, 1988 - page 2 This is the time set for protest hearing before the Council for the purpose of hearing any person owning real property within, or any registered voter residing within, territory designated as Berkshire No. 2, proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, posted, and the property owners notified as required by law. Assistant City Manager Pulskamp provided an update. Mayor Payne declared the protest hearing open for public participation. No protest or objections being received, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilmember Salvaggio, further action on the proposed Berkshire No. 2, annexation was continued to the Council meeting of May 4, 1988. This is the time set for protest hearing before the Council for the purpose of hearing any person owning real property within, or any registered voter residing within, territory designated as Buena Vista No. 3, proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, posted, and the property owners notified as required by law. Assistant City Manager Pulskamp provided an update. Mayor Payne declared the protest hearing open for public participation. No protest or objections being received, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilmember Ratty, further action on the proposed Buena Vista No. 3 annexation was continued to the Council meeting of May 4, 1988. REPORTS Councilmember Salvaggio, Chairperson of the Water Resources Committee, read Report No. 1-88 regarding the Kern River Parkway "Community Concerns Report" as follows: On September 30, 1987, the Council authorized the hiring of Jones and Stokes Associates to prepare the Environmental Impact Report and complimentary Bakersfield, California, March 16, 1988 - page 3 documentation of the Kern River Parkway Plan program. Phase I of the program was a detailed biological inventory which has been completed. Follow-up floral investigations are currently being conducted and will be included with the Draft Environmental Impact Report (EIR) when it is com- pleted in late May. Phase II, the Community Concerns Report, has been received and is available for distribution. The Community Concerns Report presents a summary of significant community input, opinions and concerns regarding the Conceptual Plan. These issues have been identified by numerous community groups and the residents at large. This report is based on three public participation mechanisms: public workshops, in-person interviews, and a newspaper questionnaire. The findings of the workshops, interviews, and newspaper questionnaire will aid in further refining the Conceptual Plan. The workshops, in-person interviews, and newspaper questionnaire were intended to allow interested persons to express their concerns and become involved in the planning process. They were not intended to represent a statistically valid sam- pling of public opinion. Private property owners within the Parkway were also interviewed. The interviews were intended to allow private property owners within the Parkway boundaries to express their interest in establish- ing easements to provide for a permanent equestrian trial and to express their general concerns on the Conceptual Plan. The Community Concerns Report categorized the most commonly raised issues into three categories. ruses of the Parkway °Assets of the Parkway °Areas currently used for community recreation Overall, the Community Concerns Report documents support for the Kern River Parkway Plan concept. The community generally feels that the river is a major resource that is currently under-utilized and contains significant values which should be pre- served for future generations; has recreational, aesthetic and biological potential and should be managed to improve the image of Bakersfield. More specific comments are diverse and indicate substantial interest in managing the Parkway for a blend of popular recreational and educational pursuits. Major concerns also include project funding, public safety and potential land use conflicts. These issues will be investigated as part of the EIR process. Bakersfield, California, March 16, 1988 page 4 Upon a motion by Councilmember Salvaggio, Water Resources Committee Report No. 1-88 was accepted. Legislative Committee Report No. 2-88 was deleted from the agenda. Councilmember Smith, Chairperson of the Intergovernmental Relations Committee, read Report No. 5-88 regarding Funding County Landfill Operations as follows: The Intergovernmental Relations Committee has met several times with Kern County to discuss the issue of funding their landfill operations. Kern County has notified the cities that it is no longer able to pay 100% of its landfill costs through their general fund. They have determined it is necessary for them to institute a user fee in the form of gate (tipping) fees or land use fees to fund those operations. The county is asking the incorporated cities to express a preference of either land use fees or gate fees. To date, 8 of the 11 incorporated cities have passed resolutions showing a preference for the land use fee. After the cities have expressed a preference, the ~oard of Supervisors will establish a fee based on that preference and set a date for a public hearing at which protests will be heard. All property own- ers of the county will be notified by mail prior to the imposition of the fee. If the land use fee method is adopted, the fee will go into effect with the 1988-89 fiscal year and would be $27.50 per single family residence and amounts for other improved parcels based on anticipated amount of waste generated. Because of the higher costs ($500,000), inequity of fee, and the proliferation of illegal dumping inherent to the gate fee method, it is the recom- mendation of this committee, in that the Board of Supervisors has determined it is necessary to establish a user fee, that the Council adopt a res- olution opposing the use of the gate fee method. The Committee recommends acceptance of this report and adoption of the resolution. Upon a motion by Councilmember Smith, Intergovernmental Relations Committee Report No. 5-88 was accepted. Adoption of Resolution No. 38-88 of the Council of the City of Bakersfield opposing implementation of Gate (Tipping) Fees to Finance Solid Waste Landfill Operations. Upon a motion by Councilmember Smith, the recommenda- tions of Intergovernmental Relations Committee Report No. 5-88 were implemented and Resolution No. 38-88 was adopted by the following vote: Ayes: Councilmembers Child, DeMond, Smith, Ratty, McDermott, $alvaggio Noes: None Absent: None Peterson, 42O Bakersfield, California, March 16, 1988 - page 5 Councilmember Childs clarified his vote, stating that in times like this when the County and City are faced with continued rising costs; employee salary increases being at a low; and the garbage fee increased to add another fee on the citizens of the City and County, it does not seem to be the most proven manner to balance the budget at this particular time. (For further clari- fication by Councilmember Childs, see Page 6.) Councilmember Childs read Budget and Finance Committee Report No. 16-88 regarding Lease of former Corporation Yard to Mid State Development Corporation for development of a Small Business Incubator as follows: Over the past two years, the Council has reviewed favorably the efforts of Mid State Development Corporation to develop a Small Business Incubator for the City of Bakersfield. During this time, Council has appropriated funds ($10,000) to Mid State for a feasibility study of a Small Business Incubator in Bakersfield. Additional funds ($5,000) were later allocated for Mid State to com- plete a business plan, which will commence upon Council approval of this project. The idea of an incubator first surfaced as a requirement for "enterprise zone" status in the Southeast area. In exploring available sites for an incubator, Mid State surveyed locations in this area, none of which were either presently available or large enough to be practical for a Small Business Incubator operation. Rather than stop the development of the incubator concept altogether, Mid State has proposed going forward with the deve- lopment of the former Corporation Yard site at 16th and "S" Streets into an incubator. With only mod- est renovation, Mid State feels the Yard is ideal for a Small Business Incubator, able to house 35 individual small businesses and creating approxi- mately the same number of jobs. As previous information provided to the Council by Mid State illustrates, Small Business Incubators have proven to be successful in numerous cities nationwide, providing environments for struggling new businesses to become established, begin to cre- ate new jobs, and assist in stabilizing local eco- nomies. In addition, small businesses are responsible for creating the vast majority of new jobs in the U.S. annually and Small Business Incubators have proven to substantially increase the success rate of such small businesses. Because of these positive factors, the Budget and Finance Committee recommends that Council approve this incubator development in concept and authorize staff to negotiate terms for the lease of the for- mer Corporation Yard with Mid State Development Corporation, with final Council approval of the lease terms. A further condition upon this appro- val is that Mid State continue its efforts to deve- lop an incubator site within the "enterprise zone" area at the appropriate time and that renovation work on the former Yard site be open to minority contractors. Bakersfield, California, March 16, 1988 - page 6 As a point of interest to the Council, this Committee has requested the showing of a short, 3½ minute news item shown nationally on ABC, highlighting a successful incubator operating in the City of Akron, Ohio. Upon a motion by Councilmember Childs Budget and Finance Committee Report No. 16-88 was accepted. Upon a motion by Councilmember Childs recommendations the Budget and Finance Committee Report No. 16-88 were imple- mented. of Councilmember Childs further clarified his vote of the Intergovernmental Relations Committee Report No. 5-88, stating he supports the funding in concept, but he does not support the additional fees placed upon the citizens. Councilmember Ratty, Chairperson of the Budget and Finance Committee, read Report No. 17-88 regarding Agreement with Kern Refuse Disposal, Incorporated as follows: Last July, Kern Refuse Disposal, Inc. submitted a request to amend their contract with the City of Bakersfield. Since that time, the Budget and Finance Committee and staff have met with Kern Refuse Disposal, Inc. and have reached agreement on a new contract. The basic points of the new contract are: Continuation of the method of using the change in the Consumer Price Index to set the resi- dential and commercial service fee paid the contractor. The contract establishes a 6% cap. 2. The term of the agreement will be 10 years. 3. The notification period for cancellation of the contract was extended from two years to three and one-half years, to provide for financing of capital equipment. A penalty equal to double the costs incurred by the City for incidences of failure to per- form by the contractor. Clarifies language with regard to a 50-50 split for services provided between the City and the contractor in newly developed areas of the City. The new agreement increases the limits of lia- bility insurance requirements for the contrac- tor to $1,000,000 to be consistent with other City agreements. Clarifies minor language changes, such as changing all references of the Public Works Director and Department to the Community Services Manager and Department. Bakersfield, California, March 16, 1988 - page 7 This Committee recommends the City Council receive this report, and approve the agreement, and author- ize the Mayor to execute the agreement. Upon a motion by Councilmember Ratty, Budget and Finance Committee Report No. 17-88 was accepted. Approval of Agreement No. 88-56 Refuse Collection Agreement Upon a motion by Councilmember Ratty, recommendations of the Budget and Finance Committee Report No. 17-88 were implemented and Agreement No. 88-56 was approved and the Mayor authorized to execute the agreement. Budget and Finance Committee Report No. 18-88 was deleted from the Agenda. Councilmember McDermott read Budget and Finance Committee Report No. 19-88 regarding Request by Wayne Maxwell Regarding Leash Law as follows: The City received a request from Mr. Wayne Maxwell regarding changing the City's leash law which was referred to the Budget and Finance Committee for review. The Committee reviewed his request with City staff and the $.P.C.A. who administers the City's animal control program. It was determined, based upon opinions from both the County Counsel and the City Attorney's Office, that the State Government Code regarding animal control prohibits the change requested by Mr. Maxwell and no city or county code could be made to overrule the State Government Code. Therefore, this Committee recommends that no action be taken at this time and that the City Manager write to Mr. Maxwell and inform him that the City can take no action on this matter. Upon a motion by Councilmember McDermott, Budget and Finance Committee Report No. 19-88 was accepted. Upon a motion by Councilmember McDermott recommendations of the Budget and Finance Committee Report No. 19-88 were imple- mented. Staff was asked to write a brief synopsis regarding the leash law, and to forward to state legislatures. Councilmember Ratty, Chairperson of the Budget and Finance Committee, read Report No. 20-88 regarding a resolution of the City Council of the City of Bakersfield amending Resolution No. 11-88 confirming the assessment of costs for Demolition of Dangerous Buildings as follows: The Budget and Finance Committee met on February 24, 1988 to review the specific requests of two property owners concerning the subject matter. The City Council at their meeting of February 17, 1988 Bakersfield, California, March i6, 1988 - page 8 deleted these two parcels when they adopted Resolution #11-88 confirming the assessment of costs for demolition of dangerous buildings. Staff has contacted these two property owners and addressed their concerns satisfactorily. Therefore, this Committee recommends adoption of the resolution which will confirm the assessment of demolition costs for these two parcels. Upon a motion by Councilmember Ratty, Budget and Finance Committee Report No. 20-88 was accepted. Adoption of Resolution No. 39-88 of the Council of the City of Bakersfield amending Resolution No. 11-88 confirming the Report of the Building Director regarding assessments of certain properties in the City of Bakersfield for demolition of dangerous buildings. Councilmember Ratty made a motion to implement the recommendations of Budget and Finance Committee Report No. 20-88 and adopt Resolution No. 39-88. Upon a motion by Councilmember Childs, Frank Watts, 1204 Murdock, was recognized to speak. The motion made by Councilmember Ratty, to implement the recommendations of the Budget and Finance Committee Report No. 20-88 and adopt Resolution No. 39-88 was approved by the follow- ing vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvaggio None None Peterson Councilmember Peterson read Report No. 1-88 from the Litigation Committee regarding Staffing of City Attorney's Office for Litigation as follows: As of January 1, 1988, the Kern County Superior Court began operating under fast-track procedures (A.B. 3300) intended to bring to trial within 12 months each civil suit filed this year and to bring to trial within the same period as many older cases as the court system can accommodate. These proce- dures were adopted in large part in response to a system which typically required five years to get civil cases to trial. The AB 3300 procedures set mandatory time limits which do not allow any flexibility to respond to the complexity of a particular suit, the workload of counsel, or the convenience of witnesses. Failure to meet deadlines will result in mandatory $150 fines. In addition, the court may dismiss a plaintiff's action or eliminate a defendant's defense. The latter action may allow a plaintiff to win regardless of the merits of a suit. Bakersfield, California, March 16, 1988 - page 9 A letter from Superior Court Judge Arthur Wallace, concerning the impact of AB 3300 procedures on law office operations, is attached. LITIGATION SECRETARY The number of secretary positions in the City Attorney's Office has not increased since 1980. (There are and have been three such positions.) During that time not only has the City's population grown by 53,000, but the City has also elected to defend most lawsuits with in-house staff, without taking steps to staff for such program. The City's personnel system has no job classifica- tion of Litigation Secretary. In the recent past, that office has gotten by with hiring from the list for Secretary and making do, despite the fact that no law office or litigation secretarial experience is required for the classification of Secretary and the office has been required to hire from the top three positions on the Secretary list, regardless of the law office inexperience of the top three candidates. While the City Attorney's Office has managed under such an arrangement in the past, it is clear that the Office now has an immediate need for two quali- fied litigation secretaries. (One vacant Secretary position in the office has been filled by a tempo- rary employee who is a qualified Litigation Secretary.) ADDITIONAL LITIGATOR The demands of AB 3300 require that the number of in-house litigators be supplemented immediately. The City's three litigators each has significant responsibilities for non-litigation, municipal law matters. This situation will be partially resolved when the office is able to fill the vacant position in it's municipal law section. However, since it's likely that the City Attorney's Office will have more cases set for trial in 1988 (at least 10) than it has tried in the last ten years, reassignment of duties will only partially improve the situation. An additional litigator is needed now. OTHER The City Attorney's Office will be proposing office automation, creation of a Legal Assistant classifi- cation, reclassification of other positions in the City Attorney's Office, and a career position for City Attorney Investigator, the last matter requir- ing an amendment to existing state law. These mat- ters will be brought to the Council prior to or during the upcoming budget proceedings. Sufficient salary savings are available in the City Attorney's budget to cover the costs of the addi- tional attorney position and the secretarial posi- tion proposed. Bakersfield, California, March 16, 1988 - page 10 These matters call for action of the Council at the earliest possible time. Based on the above, it is the recommendation of the Committee that: 1. The Council refer to the Personnel Committee consideration of creation of a Litigation Secretary classification, and the reclassification of a Secretary II position in the City Attorney,s Office to Litigation Secretary, and that the Committee report back on this matter within two weeks; 2. The Council refer to the Budget and Finance Committee consideration of budgeting for an addi- tional staff attorney position (Assistant City Attorney) and an additional Litigation Secretary position (and the financing of the proposed related reclassification of one position from Secretary II to Litigation Secretary) for the City Attor~e¥,s Office, to be dedicated full-time to litigation, and that the Committee report back on this matter within two weeks. Upon a motion by Councilmember Peterson, Litigation Committee Report No. 1-88 was accepted. Councilmember Peterson made a motion to implement the recommendations of Litigation Committee Report No. 1-88. Councilmember McDermott made a substitute motion to amend Report 1-88 to extend the time for a report back from the Budget and Finance Committee from two weeks to one month. Upon a motion by Councilmember Childs, the call for the question on the substitute motion was approved. Mayor Payne restated Councilmember McDermott,s substi- tute motion to implement recommendations in the report, however, on Recommendation No. 2, the time for the committee to report back be extended from two weeks to one month. This motion was approved. The following CONSENT CALENDAR items were listed on the Consent Calendar: Approval of Warrant Nos. 6008 to 6388 inclusive, in the amount of $1,869,236. Communication from Jay Bingham, Financial Analyst for Business Development Centers, 218 South "H" Street, Suite 103, dated February 29, 1988, submitting a Community Development Block Grant loan proposal for Cornelio T. and Robert Salas. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) Bakersfield, California, March 16, 1988 - page 11 Communication from Arthur Watson, Administrator for the Salvation Army, 200 Nineteenth Street, dated March 2, 1988, requesting the vacation of the alley in blocks 220 and 221 in the Godey Tract from "V" Street to Union Ave. (RECEIVE AND REFER TO PUBLIC WORKS) Communication from Shirley McFadzean, Chairperson for the Historic Preservation Commission, dated February 26, 1988, recom- mending the approval of the Historic Resources Component of the Bakersfield 2010 General Plan. (RECEIVE AND REFER TO PLANNING DIVISION) Communication from Larry C. Jamison, Superintendent, General Services, dated February 24, 1988, regarding the disposal of two surplus Fire Stations. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) Communication from James R. Parker Jr., of the Law Offices of Kuhs & Parker, 1200 Truxtun Avenue, dated March 1, 1988, requesting accep- tance of three Separation of Grade Projects into the City's street system. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) Communication to the City Council from Assistant to the City Manager regarding Amendment to the Fiscal Year 1987-88 Oper- ating, Capital Improvements and Central District Development Agency Budgets. (REFER TO BUDGET AND FINANCE COMMITTEE) Claim for Damages and Personal Injuries from the following: 3. 4. 5. 6. 7. Juanita Garcia, 5100 Ming Avenue, Apartment E22; Robert D. McKinnon, Jr., 5100 Ming Avenue, Apartment E22; Kathy Wennihan, 2001 Sandy Lane; Pacific Gas and Electric, 1918 H Street; Dena Genay Cott~ell, 1308 Monterey Street; Patricia L. Thorp, 4516 Coronado Avenue, and Ronald Sprague, c/o 1055 Wilshire Boulevard, Suite 1702, Los Angeles; (REFER TO CITY ATTORNEY) Dedication of Properties: Street Right-of-Way Deed from Mosesian Development, located east of Union Avenue and north of east California Avenue. Street Right-of-Way Deed from Calvary Chapel of Bakersfield, Inc., for a por- tion of Via Iglesia, located south of White Lane and east of Buena Vista Road. Bakersfield, California, March 16, 1988 - page 12 j o o Line-of-Sight Easement, located at the southwest corner of Brundage Lane and Washington Avenue from Paul W. Prudler, and Susan R. Prudler, Russell Porter, Esther Porter and Rodney B. Johnson. Quitclaim Deeds (2) from the County of Kern to the City of Bakersfield for the drainage basin located south of Valley Plaza on Wible Road and another drainage basin on the west side of Madison Avenue at Brook Street. Map and Improvement Agreements: Final Parcel Map 8267 for ten (10) par- cels on 98.36 acres located North of Bernard Street and West of Oswell Street (East Bakersfield Associates). Final Map and Improvement Agreement No. 88-57 for Tract 4862 for 54 lots on 10.33 acres located South of White Lane and East of Buena Vista Road (Buena Vista Development). Final Map and Improvement Agreements No. 88-58 and 88-59 for Tract 4988 for 19 lots on 5.62 acres located South of White Lane and East of Buena Vista Road (Buena Vista Development). Notices of Completion and Acceptance of Work for the following projects: Constructing Mohawk/Truxtun Water Main Extension and Landscaping Water Main, Contract No. 88-16 was completed on March 1, 1988. Furnish and install deep well turbine pump and motor for Ashe Water Well No. 20, Contract No. 88-04 was completed on March 1, 1988. Median Modifications on Ming Avenue at Akers Road and at Lymric Way, Contract No. 87-288 was completed on March 1, 1988. Approval of plans and specifications for the following: Resurfacing Espee Street between Union Avenue and 500' west of Union Avenue and "N" Street, between Truxtun Avenue and 21st Street and construction of an asphalt concrete dike on Rancheria Road north of the Kern River. 2. Construction on Wible Road between Auto Mall Drive and Panama Lane. Bakersfield, California, March 16, 1988 - page 13 Resurfacing of Truxtun Avenue from 900' west of A.T. & S.F. Railroad to Oak Street. Contract Change Order No. 2 - Wastewater Treatment Plant No. 2, Repair of Primary Digester No. 2, City Contract No. 87-178. Ditch Eradication Agreement No. 88-60 and Pipeline Easement between Southwest Contracts, Inc. and City of Bakersfield. Agreements to provide recreational activities from the following individuals: 1. Agreement No. 88-61 with Leslie Malofy Stained Glass; 2. Agreement No. 88-62 with Lyn Dahm Dog Obedience; 3. Agreement No. 88-63 with Marc Thurston Tennis; 4. Agreement No. 88-64 with Rosalie Pelham Embroidery; and 5. Agreement No. 88-65 with Marcia Bryant - Art. Award annual Contract No. 88-66 for paint and supplies to Sequoia Paint Company in the amount of $3,900.80, reject the other bids and authorize the Mayor to execute the contract. qJ Accept low bid from Bomar Tree Service in the amount of $4,668.00 for tree pruning service and reject all other bids. Accept low bid from Kern Turf Supply in the amount of $6,597.12 for a riding lawnmower and reject all other bids. Accept low bid from Berchtold Equipment Company in the amount of $6,228.56 for a backhoe trailer and reject all other bids. t o Accept low bids from P.E. O'Hair Co. ($12,838.78) and Clow Corporation ($6,200.00) for fire hydrant burys and extensions and reject all other bids. Accept low bid from Nu-Ease, Inc. in the amount of $7,254.70 for Trash Receptacles and reject all other bids. Upon a motion by Councilmember Childs, Items a, b, c, d, e, f, g, h, i, j, k, 1, m, n, o, p, q, r, s, t, and u of the Consent Calendar were adopted with corrections to Items b and d, by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, $alvaggio None None Peterson, Bakersfield, California, March 16, 1988 - page 14 ACTION ON BIDS Councilmember Smith made a motion to accept low bid from A-C Electric in the amount of $85,608.00, reject all other bids and authorized the Mayor to execute Agreement No. 88-67. Upon a motion by Councilmember Childs, Henry Owen McCarthy, 3101 Oak Ridge Drive was recognized to speak for minute. one Mr. McCarthy spoke regarding the need for traffic signals at Auburn and Fairfax. Councilmember Peterson requested a report from staff on how priorities are established for deciding on locations for traffic signals. Councilmember Smith's motion to accept the low bid from A-C Electric in the amount of $85,608.00 was accepted, other bids rejected and the Mayor was authorized to execute Agreement No. 88-67. all Upon a motion By Councilmember DeMond, low bid from A-C Electric in the amount of $76,358.00 for the Base Bid was accepted, all other bids rejected and the Mayor was authorized to execute Contract No. 88-68. Upon a motion by Councilmember McDermott, low bid from Tescon, Inc. in the amount of $89,513.00 was accepted, all other bids rejected and the Mayor was authorized to execute Contract No. 88-69. Upon a motion by Councilmember Ratty, low bid from Arthur & Orum Well Drilling in the amount of $167,406.00 was accepted, all other bids rejected and the Mayor was authorized to execute Contract No. 88-70. Adoption of Resolution No. 40-88 of the Council of the City of Bakersfield determining that certain construction work can be reasonably obtained from only one vendor, Micon, and authorizing the Finance Director to dispense with bidding therefor, not to exceed $81,574.00 and authorize the Mayor to execute the Contract.. Agreement No. 88-71 with MICON (Contronics) for relocation of De-Rancho-Y-Mobile Home Park Facilities adjacent to Wible Road and installation of masonry wall in Tract 4615. Upon a motion by Councilmember McDermott, Resolution No. 40-88 of the Council of the City of Bakersfield was adopted and Agreement No. 88-71 was approved by the following vote: Ayes: Councilmembers Smith, DeMond, Ratty, Peterson, Noes: Councilmembers Childs, $alvaggio Absent: None McDermott Bakersfield, California, March 16, 1988 - page 15 DEFERRED BUSINESS Adoption of Ordinance No. 3151 of the Council of the City of Bakersfield amending Ward Boundaries. This Ordinance was given first reading at the March 2, 1988 meeting. Upon a motion by Councilmember Ratty, Ordinance No. 3151 of the Council of the City of Bakersfield was adopted by the fol- lowing vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio None None Ratty, Peterson March 2, Adoption of Ordinance No. 3152 of the City Council of the City of Bakersfield Amending Section 3.60.030 of the Bakersfield Municipal Code, Relating to the Financing of Health Facilities. This Ordinance was given first reading at the meeting of 1988. Upon a motion by Councilmember DeMond, Ordinance No. 3152 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio None None Ratty, Peterson NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Section 16.24.040 and 16.24.050 of the Bakersfield Municipal Code relating to vesting tentative maps. Adoption of Resolution No. 41-88 of the Council of the City of Bakersfield specifying that, unless excluded by the City Council, all portions of the proposed Berkshire No. 1 Annexation shall upon annexation to the City of Bakersfield be included within the Greater Bakersfield Separation of Grade District, and setting hearing for objections thereto. This resolution sets the date of hearing for April 27, 1988. Bakersfield, California, March 16, 1988 - page 16 Upon a motion by Councilmember Salvaggio, Resolution No. 41-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio None None Ratty, Peterson 1988. Adoption of Resolution No. 42-88 of the Council of the City of Bakersfield specifying that, unless excluded by the City Council, all portions of the proposed Berkshire No. 2 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting hearing for objections thereto. This resolution sets the date of hearing for May 4, Upon a motion by Councilmember Salvaggio, Resolution No. 42-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio None None Ratty, Peterson 1988. Adoption of Resolution No. 43-88 of the Council of the City of Bakersfield specifying that, unless excluded by the City Council, all portions of the proposed Oswell No. 6 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting hearing for objections thereto. This resolution sets the date of hearing for May 4, Upon a motion by Councilmember DeMond, Resolution No. 43-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, McDermott, $alvaggio None None Ratty, Peterson Adoption of Resolution No. 44-88 of the Council of the City of Bakersfield specifying that, unless excluded by the City Council, all portions of the proposed Buena Vista No. 3 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District, and setting hearing for objections thereto. 4?,2 Bakersfield, California, March 16, 1988 - page 17 This resolution sets the date of hearing for May 4, 1988. Upon a motion by Councilmember Ratty, Resolution No. 44-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson Adoption of Resolution of Application No. 45-88 of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 324 (Oswell No. 7 Annexation). Upon a motion by Councilmember Peterson, Resolution of Application No. 45-88 Of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers DeMond, Smith, Ratty, Peterson, McDermott, Salvaggio Councilmember Childs None Councilmember Childs clarified his vote stating he is in support of annexing property to the City, however, he is not particularly in opposition to this annexation except for the aforementioned usage request. Adoption of Resolution of Application No. 46-88 of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 322 (Calloway No. 1 Annexation). Upon a motion by Councilmember Ratty, Resolution of Application No. 46-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson, Agreement No. 88-72 with Mr. and Mrs. Marvin Forman for acquisition of right-of-way for widening Wible Road north of Panama Lane. Upon a motion by Councilmember McDermott, Agreement No. 88-72, appropriation of $150,000 Developer share of project cost within the Capital Outlay Fund was approved and the Mayor was authorized to execute the Agreement by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvaggio None None Peterson Bakersfield, California, March 16, 1988 - page 18 * ~ ~ Amendment to Joint Powers Agreement Establishing Kern County Council of Governments. Upon a motion by Councilmember $alvaggio, the agreement was referred to Legislative Committee. Airport Layout Plan (ALP) for the Bakersfield Municipal Airpark. Upon a motion by Councilmember Salvaggio, Airport Layout Plan (ALP) was approved and staff directed to submit ALP to the Federal Aviation Administration for formal review and approval. Three (3) expirations of term on the Historic Preservation Commission, terms expiring March 30, 1988. Upon a motion by Councilmember Salvaggio, Dr. John Almklov was reappointed to serve on the Historic Preservation Commission effective March 30, 1988, term expiring March 30, 1991. Upon a motion by Councilmember Childs, Bruce Keith was reappointed to serve on the Historic Preservation Commission effective March 30, 1988, term expiring March 30, 1991. One (1) expiration of term on the Planning Commission, term expiring April 17, 1988. Upon a motion by Councilmember Smith, Teri Bjorn was reappointed to serve on the Planning Commission effective April 17, 1988, term expiring April 17, 1992. COUNCIL STATEMENTS Selecting City Manager (Ratty). Councilmember Ratty asked for the status of recruitment of a City Manager. Councilmember Childs stated that the Personnel Committee is working on this issue and will be discussing it at their next meeting. The Committee will possibly set a date immediately to report to the full Council to address some of the Council con- cerns. Bakersfield, California, March 16, 1988 - page 19 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Childs, the meeting adjourned at 8:50 p.m. MAYOR of the City of Ba~fersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California bz