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HomeMy WebLinkAbout03/25/1987 MINUTES CCBakersfield, California, March 25, 1987 Minutes of the Special Meeting of the Council of the City of Bakersfield, California, for the purpose of a Workshop held in the Annex Building Basement Conference Room at 5:20 p.m., March 25, 1987. The meeting was called to order by Mayor Payne. Present: Absent: Mayor Payne. Councilmember Councilmembers Childs (seated at 5:30 p.m.), Christensen, Smith, Ratty, Moore, Salvaggio Dickerson FREEWAYS Public Works Manager Hawley described changes which are to take place along Freeway 99 and Freeway 178. ONE-HALF CENT SALES TAX Public Works Manager Hawley made a presentation regard- ing the one-half cent sales tax, explaining how it would be used and why it would be helpful to this area. Upon a motion by Councilmember Moore, the issue of the one-half cent sales tax was referred to the Intergovernmental Relations Committee. ADJOURNMENT There being no further business to come before the Council, upon a motion by Mayor Payne, the meeting adjourned at 5:58 p.m. ATTEST: MAYOR of the City of Bakersfield, Calif. CITY CLERK and Ex Officio Clerk of the of the City of Bakersfield, California Council df Bakersfield, California, March 25, 1987 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 p.m., March 25, 1987. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend Steve Yeary of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmembers Childs, Christensen, Smith, Ratty, Moore, Dickerson, $alvaggio MINUTES Upon a motion by Councilmember Moore, Minutes of the Special Joint Meeting of March 10, 1987, and Regular Meetings of February 25 and March 11, 1987, were approved. PRESENTATION Mayor Payne read a proclamation declaring the week of March 30 through April 4, 1987, as "911 Appreciation Week" in the City of Bakersfield, and presented it to Rod Tidwell, Associate Director of Teen Challenge. PUBLIC STATEMENTS William Wyatt, 600 W. Columbus, representing The Royal Palms Mobile Home Park, spoke regarding traffic control needs on West Columbus Street, particularly between Union and Chester Ave- nues. Irvin Jones, 600 West Columbus, Space Palms Mobile Home Park, spoke regarding traffic on Columbus Street. 184B, The Royal control problems Public Works Manager Hawley gave a brief update of a recent traffic study of the W. Columbus and "Q" Street intersec- tion, indicating the need for a traffic signal. Upon Councilmember Dickerson's request, Mayor Payne re- cessed the meeting for two minutes. Preston Patterson, 1808 Lemay Avenue, spoke regarding bus problems for senior citizens at Valley Plaza. Mark Luttrell, 3007 Panorama Drive, read a copy of the "Reader's Viewpoint" article from the Bakersfield Californian which he had submitted recently, regarding the GET bus problem at Valley Plaza. Marie Hughes, 3015 Wilson Road, Apt. 405, spoke about the GET bus problem at Valley Plaza. Ivan Geiggar, 3015 Wilson Road, Apt. 403A, spoke about the GET bus problem at Valley Plaza. Upon a request by Councilmember Ratty, Pete Ramirez, 101 Cedar Street, Manager of Valley Plaza, was allowed to speak re- garding the GET bus problem at Valley Plaza. Bakersfield, California, March 25, 1987 - Page 2 Upon a motion by Councilmember Christensen, an ad hoc committee, consisting of one Councilmember without a conflict of interest; one Supervisor without a conflict of interest; the Gen- eral Manager of GET, Steve Ruggenberg; the Manager of Valley Plaza, Pete Ramirez; and Preston Patterson, a regular GET bus ri- der, and anyone else the committee would like to include, was ap- pointed to address the GET Bus problem at Valley Plaza and report to the Council at the April 8, 1987, Council meeting. Mayor Payne stated he would contact Mr. Ruggenberg, Mr. Patterson, Mr. Ramirez, Councilmember Christensen, and other Coun- cilmembers to appoint the GET Bus/Valley Plaza ad hoc committee and work out the particulars for a plan of action. John Petrini, 1800 30th Street, requested a review of the proposed subdivision (Tract 4708) by the Planning Commission or the Public Works Department to consider future drill sites. Mayor Payne stated that correspondence regarding Tract 4708 has been received from Timothy T. Gilmer, Oregon City, Ore- gon, J. Michael Gilmer, Bakersfield, Thomas Gilmer Kelley, Lodi, Judith G. Anderson, Herald, California, and JoAnne Berryhill- Slack, Coquille, Oregon. Upon a request by Judy Anderson, 11995 Kirkwood Street, Herald, California, Mayor Payne read a letter into the record from Ms. Anderson to the City Council regarding Tract No. 4708 as follows: I am writing regarding the above described tract which comes up for final approval on the Consent Calendar on March 25, 1987. I own mineral rights on this property. My rights are being violated by the Tract Map as there are no drill sites reserved. There is an existing producing field on the quarter section of land on which this tract is located. This field is operated by Mobile Oil and has been developed for subdivision under Tract Maps No. 4706 and 4707 with many drill sites reserved on the de- mand of the operating company. I signed a five year lease with TXO Oil Company in 1985 which involves the remainder of the acreage not being operated by Mobile Oil. TXO then assign- ed the lease to Jim Boylan in August, 1986. It seems obvious that Mr. Boylan acquired this lease for intents far removed from oil exploration and has possibly attempted to waive drill sites through this lease. I have recently learned that this lease was signed by only 44% of the mineral hold- ers. Therefore, I am wondering if the acquisition of this lease does the "lessee" any good at all. It clearly appears that the rights of the mineral owners would be totally disregarded by the approval of Tract No. 4708 and Tract No. 4709 (still meeting requirements of the Planning Department). We have been told by prominent geologists that there is definitely oil on this property and could provide testimony to that fact. Access to that oil should not be denied. Please give consideration to the points of this letter. This Tract Map should not be approved as it now stands. Bakersfield, California, March 25, 1987 Page 3 Mike Gilmer, 16701 Johnson Road, spoke regarding mineral rights on Tract No. 4708. Upon a request by Councilmember Childs, Mike Mason, Home- stead Land Development Corporation, and Harold Robertson, DeWalt Engineering, were allowed to speak regarding Tract No. 4708. (Public Statements are continued following New Business Item.) NEW BUSINESS Final Map and Improvement Agreement for Tract 4708 for 134 lots on 47.3 acres located at the southeast corner of Stock- dale Highway and South Renfro Road (Home- stead Land & Development Corporation). Upon a motion by Councilmember Ratty, the Final Map and Improvement Agreement for Tract 4708 was moved forward on the agenda and declared an emergency item to be acted upon immediately. Councilmember Ratty stated for the record that he re- ceived a call from Tim Gilmer in Washington, D.C., expressing con- cern about property rights in reference to Tract No. 4708. Councilmember Ratty made a motion to approve the Final Map and Improvement Agreement for Tract 4708. Councilmember Dickerson made a substitute motion to postpone approval of the Final Map and Improvement Agreement for Tract No. 4708 until the Council meeting of April 8, 1987, and staff to prepare a report of the method used to notify mineral rights owners of the proposed subdivision. Upon a motion by Councilmember Christensen, a call for the question was approved. Councilmember Dickerson's substitute motion to postpone approval of the Final Map and Improvement Agreement for Tract No. 4708 until the Council meeting of April 8, 1987, and staff to pre- pare a report of the method used to notify mineral rights owners of the proposed subdivision, failed by the following vote: Ayes: Noes: Absent: Councilmembers Christensen, Dickerson, Salvaggio Councilmembers Childs, Smith, Ratty, Moore None Councilmember Ratty's motion to approve the Final Map and Improvement Agreement for Tract 4708 was approved by the fol- lowing vote: Ayes: Noes: Absent: Councilmembers Childs, Smith, Ratty, Moore, Councilmembers Christensen, Dickerson None Salvaggio Councilmember Childs clarified his vote, stating that although he is sympathetic to the mineral right owners, he feels he has to accept legal counsel and fulfill the obligation of the Council as a governing body. PUBLIC STATEMENTS CONTINUED Marie Marks, 3913 Wilson Road, read a letter from citi- zens opposing action by the Public Works Department regarding off- street parking at the intersection of Wilson and Akers Roads. Bakersfield, California, March 25, 1987 - Page 4 Jim Marks, 3913 Wilson Road, spoke regarding proposed off-street parking on Wilson and Akers Roads. Upon a motion by Councilmember Dickerson, it was deter- mined that the issue of proposed off-street parking on Wilson and Akers Roads may be discussed as an issue that arose after the agenda was established. Jo Ann Boyer, 3818 Wilson Road, spoke in opposition to proposed installation of left turn lanes at Wilson and Akers Roads. Robert Turner, 3900 Wilson Road, stated he would reserve his comments concerning the proposed left turn lanes at Wilson and Akers Roads for the meeting between the Public Works Department and the residents involved. Bob Smith, 1430 Truxtun Avenue, land owners of Tract 4987 and Tract 4874, sewer service to Tract 4908. Suite 909, representing spoke regarding proposed comments 4908. Councilmember Ratty requested staff to note Bob $mith's and contact him regarding proposed sewer service to Tract HEARINGS This is the time set for a public hearing on an appeal filed by Goldberg, Fisher and Quirk for Fran Hus to the decision of the Board of Zoning Adjustment denying the application requesting a modification in an R-1 (One Family Dwelling) Zone to permit the elimination of the two re- quired off-street parking spaces on that certain property commonly known as 3804 Fambrough Drive. Mayor Payne declared the hearing open for public partic-. ipation. Cynthia Curry, of Goldberg, Fisher and Quirk, spoke in support of the appeal. No protests being received, and no one else speaking favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. in Upon a motion by Councilmember Ratty, the decision of the Board of Zoning Adjustment to deny the application requesting a modification in an R-1 (One Family Dwelling) Zone to permit the elimination of the two required off-street parking spaces on that certain property commonly known as 3804 Fambrough Drive, was up- held by the following vote: Ayes: Councilmembers Noes: None Absent: None Childs, Christensen, Dickerson, Salvaggio Smith, Ratty, Moore, Mayor Payne recessed the meeting. The meeting recon- vened at 9:20 p.m. CORRESPONDENCE Upon a motion by Councilmember Ratty, communication from Citizens Leading Effective Action Now, P.O. Box 918, Modesto, dat- ed February 20, 1987, requesting Council support of Assembly Bill 7111 which permits a city to regulate by ordinance the public dis- play of material defined as sexually explicit, so as to protect the morals of minors, was received and referred to thekegi$]ative Committee. Bakersfield, California, March 25, 1987 Page 5 Upon a motion by Councilmember Christensen, communica- tion from the Department of Public Works, County of Kern, 1600 Norris Road, dated March 9, 1987, regarding ongoing discussion between the City and County for sewer service for City and County residents, was received and referred to the Urban Development Committee. Upon a motion by Councilmember Ratty, communication from Panama Union School District, 4200 Ashe Road, received March 13, 1987, forwarding Resolution No. 17, Levying of Fees pursuant to Government Code Section 53080, was received and referred to the Finance Department. Upon a motion by Councilmember Christensen, communica- tion from Reverend Monsignor Maurice Lahey, St. Francis Church, 900 "H" Street, dated February 9, 1987, requesting abandonment of 9th Street between "H" Street and Eye Street, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilmember Christensen, communica- tion from Simpson VanCuren, Inc., 2210 Chester Avenue, Suite C, requesting an amendment to the General Plan Land Use Element and concurrent Zone Change from Office to Commercial with concurrent Zone Change from C-O to PCD on approximately 4.27 acres located at 2300 Oak Street (southeast corner of Oak and 24th Streets), was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilmember Moore, communication from the homeowners in Tract No. 2263 thanking the Council for the "No Parking" signs which were recently put up on both sides of E1 Potrero from White Lane to the end of the apartment complex pro- perty, was received and placed on file. Upon a motion by Councilmember Moore, communication from Richard O'Neil, 6600 Desmond Court, dated March 10, 1987, submit- ting a petition regarding property owners opposed to the rezoning of 6.6 acres at the corner of Olive Drive and Fruitvale Avenue to Commercial, was received and placed on file. Upon a motion by Councilmember Moore, communication from Bakersfield Senior Center, 530 Fourth Street, dated March 3, 1987, requesting appointment of a Councilmember to serve as an Advisory Board Member, was received and referred to the Budget and Finance Committee for review and recommendation to Council. Mayor Payne stated communication was received from BFGC, Inc., Architects and Planners recommending Herman Ruddel for Plan- ning Commissioner. REPORTS Councilmember Childs, Chairman of the Budget and Finance Committee, read Budget and Finance Committee Report No. 12-87, re- garding a proposed office/construction shop at 1211 Dolores Street, as follows: John Enriquez submitted a letter to the City Coun- cil requesting land acquisition assistance for the relocation of his existing office and construction operation from 827 Pacific Street to 1211 Dolores Street. Mr. Enriquez proposes to construct a two story, 5200 square foot metal building. This proposal was reviewed by this committee on February 25, 1987, and March 11, 1987. The project, as proposed, requests $65,000 (Sixty-Five Thousand) of Community Development Block Grant Funds be authorized to assist in the acquisition of a 30,000 square foot parcel located at the Southeast corner Bakersfield, California, March 25, 1987 - Page 6 of Robinson and Dolores Streets. Conventional fi- nancing will be provided for construction and the long term financing. An independent appraisal shows that this project, once completed, will be valued at $325,000. Mr. Enriquez will be creating 10 to 20 new jobs as a result of the additional work that is anticipated over the following years. This project is located within the Southeast Enterprise Zone. The following items were agreed to by Mr. Enriquez and should be contained in the agreement: 1. The City will provide Mr. Enriquez with a $65,000 deferred loan. Mr. Enriquez will make annual payments of $5,000 per year for four years totaling $20,000. At the end of four years, staff will re-eval- uate the project and Mr. Enriquez's ability to repay the remaining balance of the loan. If repayment cannot be made, the remaining balance of $45,000 will be amortized at 9% for a term of seven years. Mr. Enriquez may repay the outstanding balance of the loan at any time without penalty and may pay more than the $5,000 annual payment. Therefore, it is recommended that this request be approved and the Mayor be authorized to execute the agreement containing the elements outlined in this report. Upon a motion by Councilmember Childs, Budget and Finance Committee Report No. 12-87 was accepted and recommenda- tions implemented. Councilmember Salvaggio, Chairman of the Personnel Com- mittee, read Personnel Committee Report No. 4-87, regarding re- vised job specifications for Building Inspector, as follows: On March 5, 1987, the Personnel Co~nittee met to discuss revised/new job specifications for Build- ing Inspector III. The current Building Inspector job specification is very general in nature. Occa- sionally, the City will require a Building Inspec- tor III who specializes in either the area of plumbing and mechanical or in the area of electri- cal. In order that the City will be able to re- cruit and hire exactly the type of person required for a particular job, it is recommended that the Council approve changes in job specifications that would allow for the development of a Building In- spector III- Plumbing and Mechanical, a Building Inspector III- Electrical Specialist, and a re- vised Building Inspector III Generalist. No additional funds will be required for these changes. It is recommended that this report be accepted and that the recommendations contained herein be imple- mented. Upon a motion by Councilmember Salvaggio, Personnel Com- mittee Report No. 4-87 was accepted and recommendations implemen- ted. Bakersfield, California, March 25, 1987 Page 7 Councilmember Salvaggio, Chairman of the Personnel Com- mittee, read Personnel Committee Report No. 5-87, regarding re- classification of Battalion Chief to Hazardous Materials Coordi- nator, as follows: On March 5, 1987, the Personnel Committee met to discuss the reclassification of a Battalion Chief to that of Hazardous Materials Coordinator. The current budget includes a Battalion Chief to be in charge of hazardous material assignments for the City of Bakersfield. Prior to filling this posi- tion, it was once again reviewed to determine if the classification of Battalion Chief was most appropriate for this position. After this review, it was determined that if this position were re- classified to that of Hazardous Materials Coordi- nator, there would be two advantages. First, it was determined that the City would be able to re- cruit a person with a higher degree of technical experience. Second, it was determined that the City would save in excess of $10,000 per year be- cause the Hazardous Materials Coordinator would receive a lesser rate of pay than does a Battalion Chief, and the position would be filled with a civilian who would not receive safety benefits which cost more than the benefits given to civilian employees. The Personnel Committee has reviewed the merits of this change, and, based on that review, recommends that this report be accepted and that the current position of Battalion Chief in the Fire Department be reclassified to Hazardous Materials Coordinator. Upon a motion by Councilmember Salvaggio, Personnel Com- mittee Report No. 5-87 was accepted and recommendations implemen- ted. Councilmember Ratty, Chairman of the Urban Development Committee, read Urban Development Committee Report No. 9-87, re- garding Pole Line License Agreement with Shell California Pro- duction, Inc., as follows: On February 25, 1987, the City Council referred back to the Urban Development Committee the re- quest of Shell California Production, Inc., to construct a pole line along China Grade Loop and across the Kern River. This request was referred to the Committee for the adoption of a clause to require undergrounding later. This Committee has met and recommends that the Agreement include a statement that the City may require applicant to place the line underground at their expense to the satisfaction of the City. Therefore, this Committee recommends that the City Council approve the Agreement with Shell as amend- ed. Upon Mayor Payne's statement that a motion was made, Urban Development Committee Report No. 9-87 was accepted and rec- ommendations implemented. Bakersfield, California, March 25, 1987 - Page 8 Councilmember Smith read Urban Development Committee Report No. 10-87 re§ardin~ ReQuest for Lease of City-owned Property, as follows: On March 2, 1987, correspondence was received from Mr. Carl R. Crabb, Jr., requesting consideration of his proposal to lease City-owned property for the development of a full-sized golf driving range. The referenced property is that + 15 acres of land south of Highway 58 and east of Mt. Vernon Avenue, which was part of the sewer farm facilities and the site of the former treatment plant. The item was referred to the Urban Development Committee at the regularly scheduled City Council meeting of March 11, 1987. This Committee reviewed the proposal with City staff and a representative of the developer to determine the feasibility and appropriateness of such an action. The request raised many questions regarding ulti- mate liability for accidents, consistency with City objectives of using such land for job creation, term of the lease and subsequent inability to deve- lop the property during that time, impact on the Regional Occupational Program facility immediately to the south, etc. The Committee recognized that the land currently is not utilized and that the provision of a driving range would add to the recreational opportunities in the area, however, it was determined that this particular site is too valuable, when considering its potential for attracting industry and creating jobs, to be restricted in its development by a lease agreement. Leasing the land at this time would be inconsistent with the City's priority for economic development and intention to use this land for industrial development. Therefore, based on these considerations, this Committee recommends that the City Council notify the developer that the City will not consider the leasing of the referenced property for recreational activities at this time. Committee mented. Upon a motion by Councilmember Smith, Urban Development Report No. 10-87 was accepted and recommendations imple- Councilmember Childs read a Council Ward Boundary Ad Hoc Committee Report, regarding ward boundaries, as follows: The Council Ward Boundary Ad Hoc Committee has met with staff to review the proposed addition of annexations to Council Ward Boundaries. In re- sponse to questions raised by committee members, staff reviewed the population estimates and found discrepancies in the figures submitted to the Council March 11, 1987. Correcting these lowered the population of Ward No. 6 (Dickerson) to within legal limits. The discrepancies were as follows: 1. Some precincts were inadvertently listed in two wards in prior years. County election office records (precinct boun- daries and voter registration indexes) are up- dated independently of City records. Discre- pancies have been corrected using latest data. Bakersfield, California, March 25, 1987 - Page 9 The Ad Hoc Committee finds the new reviewed figures and the proposed amended ward boundaries consistent with Government Code Section 57301 and Urban Development Committee Report 10-85. The committee at this time recommends the ward boundaries be changed only to reflect the addition of annexations and accordingly recommends adoption of the ordi- nance. Upon a motion by Councilmember Childs, the Council Ward Boundary Ad Hoc Committee Report was accepted and recommendations implemented. CONSENT CALENDAR The following items were listed on the Consent Calendar: a. Approval of Warrant Nos. 6356 to 6797 inclu- sive, in the amount of $1,121,753.90. b. Claims for Damages and Personal Injuries from the following: Jack L. Owens, 7921 So. Laure]g]en~ No. D~ Shelly Holthaus, 7000 Mesa Verde; Royal Insurance Company for insured Diane Chambers, 1320 E. Shaw, Fresno; Joe Perez, 6409 Castleford, No. B; Arthur G. Hernandez, 5104 Hampton Court; Steven Allen and Lisa Bernice Smith, 5113 Marina Drive; Automobile Club of Southern California for insured Franklin Imke, 2301 "F" Street; Randall Wayne Collins, 629 Laurel Avenue, Ontario; Mark Van Buskirk, 9444 Via Vico Circle, Buena Park; Dorothy Fay Hoag, 1530 Crestview Drive; Franklin Imke, 7700 Eastdumfries Court; and Richard Howells, dba The Tire Exchange, 1100 Oak Street. (REFER TO CITY ATTORNEY) Dedication of Property for Grant Deed from Homestead Land Development Corporation for a drainage retention basin located at the south- east corner of South Renfro Road and Stockdale Highway. Grant Deed from Tenneco West, Inc., for a parcel of land on Gosford Road, 1,000 feet south of Pacheco Domestic Water Well Site. Quitclaim of Property for a strip of land, for- merly known as the James Canal, which Tenneco Realty Development, Inc., relocated for the new Buena Vista and James Canal alignments. Bakersfield, California, March 25, 1987 - Page 10 Improvement Agreement for Parcel Map 7273 for two parcels on .3 acre located at the south- west corner of Buena Vista Street and Holtby Road (John Means). h. Approval of plans and specifications for con- struction of the Planz Park Pump Station. i. Approval of plans and specifications for widen- ing the Corporation Yard Entrance. Approval of plans and specifications for re- surfacing of College Avenue between Montello Street and Valencia Drive. Approval of plans and specifications for re- surfacing of Auburn Street between La Costa Court and Fairfax Road. Approval of plans and specifications for the widening of Parker Avenue from Oriole Street to Akers Road. Approval of plans and specifications for traffic signal system on South "H" Street at Pacheco Road. n. Agreement to provide recreational activities for the following: 1. Dog Obedience Lyn Dahm. 2. Tennis - Linda Crawford - Jeff Hedburg - Marc Thurston. 3. Calligraphy & Crafts - Susan Anderson. Agreement with Bakersfield Officials' Asso- ciation to provide officials for the softball seasons. Request from Lawton Powers to extend Improve- ment Agreement No. 85-110 for Parcel Map 7470 (Panama Lane and Wible Road) to December 26, 1987. Upon a motion by Councilmember Childs, items a, b, c, d, e, g, h, i, j, k, 1, m, n, o and p of the Consent Calendar were adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, $alvaggio None None Smith, Ratty, Moore, ACTION ON BIDS Upon a motion by Councilmember Moore, low bid of Granite Construction Company in the amount of $193,579.00, for resurfacing portions of San Dimas Street between West Columbus Street and 34th Street, Union Avenue between Irene Street and Niles Street, and Sumner Street between Sacramento Street and Kern Street, was accepted, all other bids rejected and the Mayor authorized to exe- cute the contract. Bakersfield, California, March 25, 1987 - Page 11 Upon a motion by Councilmember Moore, low bid from S.A. Camp Pump Company in the amount of $63,377.00, for drilling, casing and pump testing 2800 acre Interface Water Well No. 1, was accepted, all other bids rejected and the Mayor authorized to execute the contract. Upon a motion by Councilmember Christensen, low bid of Brown and Fowler in the amount of $55,673.50 for the Base Bid and Alternate "A", for construction of storm drain on E1 Sereno Drive, was accepted, all other bids rejected and the Mayor authorized to to execute the contract. Upon a motion by Councilmember Salvaggio, base bid and alternate "B" from Brown & Fowler Construction in the amount of $14,640.00, for construction of a storm drain on Los Carneros Place from Mesa Grande Street to 250 feet West, was accepted, all other bids rejected and the Mayor authorized to execute the con- tract. Upon a motion by Councilmember Childs, low bid from Swift Dodge in the amount of $285,073.20, for twenty-four Police sedans (21 replacements, 3 additional), was accepted and all other bids rejected. Police use of Upon a motion by Councilmember Dickerson, Chief of Price was requested to report to the Council regarding the BMW motorcycles for the Police Department. Upon a motion by Councilmember Moore, low bid from B. J. Isaac Oilfield Sales & Repair in the amount of $14,973.14, for an Air Compressor System for Equipment Maintenance, was accepted and all other bids rejected. Upon a motion by Councilmember Moore, bid from Flo-Systems, Inc., in the amount of $8,010.42, for Sludge Pump Parts for Waste- water Treatment Plant No. 3, was accepted. Upon a motion by Councilmember Christensen, low bid from Walter Rush Appraisals in the amount of $14,000.00, for Annual Contract for Dwelling Appraisals (for Community Development Loan Program), was accepted, all other bids rejected and the Mayor authorized to execute the Contract. Upon a motion by Councilmember Childs, low bid from Liner Pest Control in the amount of approximately $2,000.00, for Annual Contract for Termite Inspection and Control (for Community Development Loan Program), was accepted, all other bids rejected and the Mayor authorized to execute the Contract. Upon a motion by Councilmember Ratty, the Finance Direc- tor was authorized to enter into discount agreements for miscellan- eous supplies with the Bakersfield Californian and National Medi- cal Homecare. Adoption of Resolution No. 44-87 of the Council of the City of Bakersfield deter- mining that certain computer software for the Fire Department to implement hazardous material disclosure legislation can be reasonably obtained from only one vendor and authorizing the Finance Director to dispense with bidding. Upon a motion by Councilmember Salvaggio, 44-87 of the Council of the City of Bakersfield was following vote: Resolution No. adopted by the Ayes: Councilmembers Noes: None Absent: None Childs, Christensen, Dickerson, Salvaggio Smith, Ratty, Moore, Bakersfield, California, March 25, 1987 - Page 12 DEFERRED BUSINESS Adoption of Ordinance No. 3092 New Series of the Council of the City of Bakersfield, amending Section 16.32.060 D. of the Bakersfield Municipal Code relative to fees for construction of planned drainage and sanitary sewer facilities pursuant to adopted plans and adding reference to plans adopted for Rancho Laborde Planned Drainage Area. This Ordinance was given first reading at the meeting of March 11, 1987. Upon a motion by Councilmember Moore, Ordinance No. 3092 New Series of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Smith, Dickerson, Salvaggio None None Ratty, Moore, NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 2.84.350 of the Bakers- field Municipal Code relating to Annual Vacation Leave. First Reading of an Ordinance of the Council of the City of Bakersfield amend- ing Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as Mt. Vernon No. 4 Annexation. Adoption of Resolution No. 45-87 of the Council of the City of Bakersfield in regard to a request by the Local Agency Formation Commission to take legislative action to determine intentions to forth- with provide services proposed in annex- ation to County Service Area No. 30 and Annexation No. 16, Zone of Benefit No. 2 (Tract No. 4908). Upon a motion 45-87 of the Council of following vote: by Councilmember Moore, Resolution No. the City of Bakersfield was adopted by the Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Adoption of Resolution No. 46-87 of the Council of the City of Bakersfield amend- ing Resolution of Intention No. 1019 de- claring its intention to order the con- struction of certain improvements together with appurtenances in a proposed assessment district pursuant to the provisions of the Municipal Improvement Act of 1913; declaring the work to be of more than local or ordi- nary benefit; describing the district to be assessed to pay the costs and expenses there- of, (Assessment District No. 86-5) Real - Akers - Harris - Fairview. Bakersfield, California, March 25, 1987 - Page 13 Upon a motion by Councilmember Dickerson, Resolution No. 46-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Adoption of Resolution No. 47-87 of the Council of the City of Bakersfield desig- nating the Finance Director as Collection Officer, Assessment District No. 86-5 (Real - Akers - Harris - Fairview), Resolution of Intention No. 1019. Upon a motion by Councilmember Salvaggio, Resolution No. 47-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, $alvaggio None None Smith, Ratty, Moore, Adoption of Resolution No. 48-87 of the Council of the City of Bakersfield amend- ing Resolutions 23-87, 24-87, and 25-87 relating to stand-by pay for Police Supervisory Unit Employees. Upon a motion by Councilmember Smith, Resolution No. 48-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Abstaining: Absent: Councilmembers Childs, Christensen, Moore, Salvaggio None Councilmember Dickerson None Smith, Ratty, Adoption of Resolution No. 49-87 of the Council of the City of Bakersfield recog- nizing the need to target job creating efforts as they relate to the "Enterprise Zone." Upon a motion by Councilmember Salvaggio, Resolution No. 49-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Adoption of Resolution No. 50-87 of the Council of the City of Bakersfield to submit application to amend State of California Department of Health permit to operate a new water well. Upon a motion by Councilmember Moore, Resolution No. 50-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Bakersfield, California, March 25, 1987 - Page 14 Adoption of Resolution No. 51-87 of the Council of the City of Bakersfield author- izing acceptance of seized assets pursuant to the Comprehensive Control Act of 1984. Upon a motion by Councilmember Dickerson, Resolution No. 51-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Smith, Dickerson, $alvaggio None None Ratty, Moore, Agreement with Atlantis Scientific for a professional consulting service to perform a Business Market Study in east and south- east Bakersfield. Upon a motion by Councilmember Childs, an Agreement with Atlantis Scientific for a professional consulting service to per- form a Business Market Study in east and southeast Bakersfield was approved and the Mayor was authorized to execute the Agreement. Agreement with Urban Futures, Inc., for professional consulting services to per- form a Redevelopment Feasibility Study in east and southeast Bakersfield. Upon a motion by Councilmember Childs, an Agreement witk Urban Futures, Inc., for professional consulting services to per- form a Redevelopment Feasibility Study in east and southeast Bakersfield was approved and the Mayor was authorized to execute the Agreement by the following vote: Ayes: Councilmembers Childs, Smith, Ratty, Moore Noes: Councilmembers Christensen, Dickerson, $alvaggio Absent: None Amendment No. standing No. and State of Program. 1 to Memorandum of Under- 86-80, with County of Kern California for Fair Housing Upon a motion by Councilmember Ratty, Amendment No. 1 tc. Memorandum of Understanding No. 86-80; with County of Kern and State of California for Fair Housing Program, was referred to the Intergovernmental Relations Committee. Agreement with Arco and Hill Top Develop- ers, Inc., to substitute Hill Top Develop- ers for Arco under Improvement Agreement Nos. 84-26 and 84-227. Upon a motion by Councilmember Salvaggio, Agreement with Arco and Hill Top Developers, Inc., to substitute Hill Top Develop- ers for Arco under Improvement Agreement Nos. 84-26 and 84-227 was approved and the Mayor was authorized to execute the Agreement. Agreement with Kelling, Northcross & Nobriga to provide financial consulting services related to the bonds for Assess- ment District No. 86-5 (Real - Akers - Harris - Fairview). Upon a motion by Councilmember Childs, Agreement with Kelling, Northcross & Nobriga to provide financial consulting ser- vices related to the bonds for Assessment District No. 86-5 (Real - Akers - Harris - Fairview) was approved and the Mayor was autho- rized to execute the Agreement. Bakersfield, California, March 25, 1987 - Page 15 National Recognition for the Community Development Block Grant Program. Upon a motion by Councilmember Ratty, tion for the Community Development Block Grant to the Legislative Committee. national recogni- Program was referred Current Planning Commission Vacancy Councilmember Christensen made a motion to vote to appoint Teri A. Bjorn as a member of the Planning Commission. Councilmember Ratty nominated Herman Ruddel for appoint- ment as a member of the Planning Commission. Upon a request by Councilmember Childs, Mayor Payne re- cessed the meeting for two minutes. Councilmember Childs nominated Abel Hernandez for appointment as a member of the Planning Commission. A motion by Councilmember Christensen to call for the question failed. A motion by Councilmember Childs to vote on Mr. Hernan- dez first failed. Upon Councilmember Christensen's motion, Teri A. Bjorn was appointed as a member to the Planning Commission, term expir- ing April 17, 1988, by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Councilmembers Smith, Ratty, Moore None Salvaggio Miscellaneous Department Civil Service Board Councilmember Childs nominated Edwin Ingalls to the Mis- cellaneous Civil Service Board to fill the unexpired term of Louis G. Whitfield. Historic Preservation Commission Mayor Payne stated he will reappoint Shirley McFadzean to the Historic Preservation Commission at the April 8, 1987, Council meeting. First Reading of an Ordinance of the Council of the City of Bakersfield amending Ward Boundaries to include annexations. Upon a motion by Councilmember Childs, an Agreement with the County of Kern, Board of Trade and the Kern Economic Develop- ment Corporation was added to the Agenda as an item that arose after the agenda was prepared and requires immediate action by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Smith, Dickerson, $alvaggio None None Ratty, Moore, Agreement with County of Kern, Board of Trade and the Kern Economic Development Corporation establishing a non-profit public benefit corporation dedicated to attracting new industry to the County. Bakersfield, California, March 25, 1987 - Page 16 Upon a motion by Councilmember Childs, an Agreement with County of Kern, Board of Trade and the Kern Economic Development Corporation establishing a non-profit public benefit corporation dedicated to attracting new industry to the County was approved, the Mayor was authorized to execute the Agreement, and $50,000 was appropriated from available fund balance for the City's contribu- tion to this corporation by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Smith, Dickerson, Salvaggio None None Ratty, Moore, Upon a motion by Councilmember Childs, a letter from Mayor Payne requesting additional operating funds for the Mayor's office was added to the Agenda as an item that arose after the agenda was prepared and requires immediate action by the following vote: Ayes: Councilmembers Noes: None Absent: None Childs, Christensen, Dickerson, $alvaggio Smith, Ratty, Moore, Councilmember Childs made a motion to transfer $3,500.00 from the Council Contingency Fund to the Mayor's Fund to cover increased operating expenses. Mayor Payne recessed the meeting for two minutes. Upon Councilmember Childs' motion, $3,500.00 from the Council Contingency Fund was transferred to the Mayor's Fund to cover increased operating expenses by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, COUNCIL STATEMENTS Upon Councilmember Moore's request, the issue of an Urban Planning Commission composed of elected officials from both bodies sitting as the Metropolitan Planning Entity was deferred to the Council meeting of April 22, 1987. Councilmember Salvaggio referred to a confidential memo- randum received by Councilmembers regarding toxic contamination at Bakersfield Airpark and deferred any discussion to a future meeting. Mayor Payne informed the Council that Ed Scannell from KERN Radio has received requests from citizens to feature Council- members on his talk show called KERN-Talk. Councilmember Christensen requested an update on the issue of off-road vehicles using the Kern River flood plain. Councilmember Childs referred communication from the President of the Kern River Riders, 914 Castaic Avenue, dated March 9, 1987, requesting an equestrian easement under the 9ver- pass at Highway 99 and Highway 178, to staff. Councilmember Childs presented communication from the Bakersfield Rescue Mission, P.O. Box 2222, dated March 9, 1987, requesting reduction of sewer usage fee, addressed to the Budget and Finance Committee, to Council and staff for appropriate action. Bakersfield, California, March 25, 1987 Page 17a Councilmember Childs referred communication from the Building Industry Association of Kern County, 5405 Stockdale Highway, dated March 17, 1987, addressed to the Urban Development Committee, opposing the concept of utilizing City-owned property adjacent to the Kern River as endangered species habitat to miti- gate the impact of a development project in another area, to Council for appropriate action, and to committees for staff input. Councilmember Childs introduced communication from United States Department of the Interior, Fish and Wildlife Service, 2800 Cottage Way, dated March 9, 1987, regarding planned development effects on federally listed species, requesting copies be made available to Council and staff for appropriate recommen- dation. CLOSED SESSION Upon a motion by Councilmember Childs, the Council recessed to a Closed Session at 11:50 p.m. pursuant to Government Code Section 54956.8 to consider the purchase of real property. Councilmember Ratty made a motion to execute offers. The motion was approved. The meeting reconvened at 12:00 a.m. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Christensen, the meeting adjourned at 12:01a.m. ATTEST: /S/ Thomas A. Payne MAYOR of the City of Bakersfield, Calif. /S/ Carol Williams CITY CLERK and Ex Off~elo Clerk of the Council OF THE City of Bakersfield, Calfiornia df Bakersfield, California, March 25, 1987 - Page 17 Councilmember Childs referred communication from the Building Industry Association of Kern County, 5405 Stockdale Highway, dated March 17, 1987, addressed to the Urban Development Committee, opposing the concept of utilizing City-owned property adjacent to the Kern River as endangered species habitat to miti- gate the impact of a development project in another area, to Coun- cil for appropriate action, and to committees for staff input. Councilmember Childs introduced communication from United States Department of the Interior, Fish and Wildlife Service, 2800 Cottage Way, dated March 9, 1987, regarding planned development effects on federally listed species, requesting copies be made available to Council and staff for appropriate recommenda- tion. CLOSED SESSION Upon a motion by Councilmember Childs, the Council recessed to a Closed Session at 11:50 p.m. pursuant to Government Code Section 54956.8 to consider the purchase of real property. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Christensen, the meeting adjourned at 12:01 a.m. ATTEST: MAYOR of the City of Bakersfield, Calif. CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California df