HomeMy WebLinkAbout01/08/1986 MINUTES CCBakersfield, California, January 8, 1986
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 p.m., January 8, 1986.
The meeting was called to order by Mayor Payne, followed
by the Pledge of Allegiance and Invocation by Councilman Moore.
The City Clerk called the roll as follows:
Present: Mayor Payne.
Councilmembers Smith, Childs, Christensen,
Dickerson, Moore, Ratty,
Salvaggio
Absent: None
MINUTES
Upon a motion by Councilman Moore, the minutes of the
regular meetings of December 11, and December 18, 1985, and the
special meeting of December 27, 1985 were approved as presented
the following roll call vote:
by
Ayes: Councilmembers Smith,
Moore,
Noes: None
Absent: None
Childs, Christensen, Dickerson,
Ratty, Salvaggio
SCHEDULED PUBLIC STATEMENTS
Randy Boggs,
tion to the removal of
that it be replaced.
13300 Birkenfeld Avenue, spoke in opposi-
Birkenfeld Avenue cul-de-sac, and requested
Ed Watts, 2109 Earlene Court, Shop Steward for Teamsters
Union Local 911, indicated he had questions regarding Budget and
Finance Committee Report No. 1-86 regarding Smoking Ban for
Firefighters. He spoke during Council consideration of Budget and
Finance Committee Report No. 1-86.
Lisa Smith, 5113 Marina, expressed concern regarding oil
operation and production in the 6th Ward, and requested to meet
with the parties involved regarding this matter.
RECESS
Upon a motion by Councilman Childs, the meeting was
recessed at 7:15 p.m., in order to allow the Redevelopment Agency
conclude its meeting. The meeting was reconvened at 8:20 p.m.
to
CLOSED SESSION
Upon a motion by Councilma~ Ratty, the Council recessed
to a Closed Session at 8:20 p.m., pursuant to Government Code
Section 54956.9, for the purpose of discussing litigation. The
meeting was reconvened at 9:27 p.m.
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from Saint Francis Church, 900 "H" Street, dated December 2, 1985,
requesting vacation of 9th Street between "H" and Eye Streets, was
received and referred to Planning Coinmission for study and recom-
mendation.
Upon a motion by Councilman Ratty, communication from
Steve Olivares, 5700 Real #101, Carpenteria, dated December 18,
1985, requesting a Methadone Clinic in Bakersfield, was received
and referred to KernView Hospital as they presently have a
Methadone Treatment Center.
Bakersfield, California, January 8, 1986 Page 2
Upon a motion by Councilman Christensen, communication
from U.S. Environmental Protection Agency, 215 Fremont Street, San
Francisco, giving notification that Shell California Production,
Inc. has applied for an Underground Injection Control Class V per-
mit to inject scrubber waste fluids through a well located in Kern
County, was received and referred to Community Services for
review.
Upon a motion by Councilman Ratty, communication from
Tenneco Realty Development, P.O. Box 9380, Bakersfield, dated
December 30, 1985, proposing exchange of property, was received
and referred to the Urban Development Committee.
Upon a motion by Councilman Moore, communication from
U.S. Environmental Protection Agency, 215 Fremont Street, San
Francisco, received December 19, 1985, requesting public comment
upon Draft Permit which would grant conditional approval to Shell
California Production, Inc. for expansion of existing cogeneration
facility located at South Belridge Oilfield, and communication
from City of Bellflower, 16600 Civic Center Drive, Bellflower,
dated December 23, 1985, giving notice of adopting Resolution
opposing any efforts to make any part of Los Angeles County a
sanctuary for illegal aliens, were received and placed on file.
Upon a motion by Councilman Ratty, a petition dated
January 7, 1986, with 31 signatures of property owners opposing
alteration of Birkenfeld Avenue cul-de-sac, was received and
referred to Planning Commission.
COUNCIL STATEMENTS
Councilman Ratty made a motion to refer Randy Boggs'
request regarding the open cul-de-sac on Birkenfled Avenue,
Tract 444, to the Public Works Department to meet with citi-
zens and developers to resolve this matter.
Councilman Ratty nominated Bob Lumis to be reappointed to
the Police Civil Service Board.
Upon a motion by Councilman Ratty, Councilwoman Smith
was appointed Council's liaison to the Planning Commission.
Councilman Salvaggio placed into nomination John E. Chafin
to be reappointed to the Board of Trustees of the Kern Mosquito
Abatement District.
Councilman Dickerson expressed support for reappointing
John Chafin.
Mayor Payne restated Councilman Salvaggio's motion to
reappoint John E. Chafin to the Kern Mosquito Abatement District
Board. This motion was unanimously approved.
Councilwoman Smith thanked the Council for her appoint-
ment as Council liaison to the Planning Commission.
Councilwoman Smith nominated Shirley La Touf to serve
on the Citizen's Auditorium Committee.
Councilman Moore indicated that an invitation has been
extended to the Mayor and Council to visit the Roiling Statue of
Liberty display at the Shell Tower on January 10, 1986, at
9:00 a.m.
Councilman Childs made a motion to appoint Bernard
Wallace, representing program area residents, and Tom Wilson,
Oneta Owens, and Councilman Salvaggio to serve on the Community
Advisory Council. This motion was unanimously approved.
Bakersfield, California, January 8, 1986 - Page 3
Councilman Childs made a motion to reappoint M. James
Sughrue, Jr., to the Miscellaneous Departments Civil Service
Board; Kenneth A. Gamez, to the Fire Department Civil Service
Board; and Robert B. Lumis, to the Police Department Civil Service
Board. This motion was unanimously approved.
Councilman Childs requested authorization to attead two
functions with regard to Dr. Martin Luther King, Jr. National
Holiday: on January 18 in Pasadena, with transportation being pro-
vided by the City; and on January 20, 1986, in Los Angeles, with
transportation and registration fee of $50.00 being provided by
the City. This motion was approved by the following roll call
vote:
Ayes: Councilmembers Smith,
Moore,
Noes: None
Absent: None
Childs, Christensen,
Ratty, Salvaggio
Dickerson,
REPORTS
Councilman Childs, Chairman of the Budget and Finance
Committee, read Report No. 1-86, regarding Smoking Ban for
Firefighters, as follows:
Chapter 32.12.1 of the California Labor Code states as
follows: In the case of active fire fighting members of
fire departments of cities and counties and term
"injury" as used in this division includes cancer which
develops or manifests itself during a period while the
member is in the service of the department. The compen-
sation which is awarded for cancer shall include full
hospital care, medical treatment, disability indemnity,
and death benefits. The cancer so developing shall be
presumed to arise out of and in the course of the
employment. This presumption shall be extended to a
member following termination of service up to five
years.
This presumptive section of the Code went into effect in
1982. Not only is cancer presumptive, high blood pres-
sure and heart disease are presumed to be job related in
California. During the past three years, the City of
Bakersfield has received from fire fighters eight claims
for high blood pressure and heart disease, and one for
cancer. The City's incurred liability for these claims
is approximately $350,000.
Based on the number of clai~ns filed and the potential
for an even larger number of claims in the future, many
California cities have or are anticipating the ban of
smoking on or off the job for their fire fighters.
Health studies have clearly linked heart disease, high
blood pressure, and lung cancer to smoking.
This Committee has met with staff on this subject and we
were informed that any consideration the Council might
have in changing present working conditions is subject
to the meet and confer process. We are therefore recom-
mending that the City Council instruct staff to start
meeting and conferring with the Teamsters Union and the
Fire Supervisory Unit as soon as possible to initiate
the following:
1. All new fire fighters entering service with the
City must sign a no smoking pledge that they have not
smoked one year prior to working for the City and will
continue not to smoke while employed. Vilation of this
rule wil result in termination.
Bakersfield, California, January 8, 1986 - Page 4
2. Smoking for present fire fighters will be restricted
to limited areas in the fire stations.
Ed Watts, representative of Teamsters Union Local 911,
provided questions of the members of the Union to the Council.
Upon a motion by Councilman Childs, Report No. 1-86
from the Budget and Finance Committee, regarding Smoking Ban
Firefighters, was accepted and the recommendations approved.
for
,Councilman Childs, Chairman of the Budget and Finance
Committee, read Report No. 2-86, regarding Sales Tax Audit
Representative, as follows:
In May 1984, the City entered into a contract with
Municipal Resource Consultants (MRC) of Westlake
Village to provide sales tax audit services. MRC
provides a professional service to identify and
recover sales tax income otherwise unrealized due
to State Board of Equalization distribution errors.
The State Board of Equalization is charged with
overall audit responsibility; however, staffing is
not adequate to audit all aspects of sales tax col-
lections reported by businesses with very little
auditing taking place with regards to "point of
sale" distribution which results in cities being
subject to distribution errors. MRC seeks out
errors existing because of companies registering
for sales tax permits, in many cases, according to
their convenience which is not always consistent
with point of sale regulations. Once the reporting
errors are corrected, the correction is permanent
and will be a permanent future source of revenue
for the City of Bakersfield.
In 1985, the California Legislature passed Assembly
Bill 1611 to be effective January 1, 1986. This
bill permits disclosure of sales tax records by the
State Board of Equalization to persons and consult-
ants who are under contract with the local agency
and who are designated in a Resolution of the City
Council which requests disclosure. This bill also
makes it unlawful for those persons or consultants
to retain that information after the contract with
the local agency has expired. Therefore, the
attached Resolution is required under AB 1611 in
order for MRC to interact effectively with the
State Board of Equalization and to continue its
services under City Agreement No. 84-116.
This committee will continue to monitor the feasi-
bility of using this firm or any other firm in
order to generate additional revenue to the City
which otherwise would be lost.
Therefore, this committee recommends the City
Council accept this report and approve the attached
Resolution designating MRC, a City consultant, as
the authorized City representative to examine sales
and use tax records.
Bakersfield, California, January 8, 1986 - Page 5
Councilman Childs made a motion to accept Report No. 2-86
from the Budget and Finance Committee regarding Sales Tax Audit
Representative, approve the recommendations, and approve
Resolution No. 1-86 of the Council of the City of Bakersfield des-
ignating a City consultant as the authorized City representative
to examine sales and use tax records. This motion was approved by
the following roll call vote:
Ayes: Councilmembers Smith,
Moore,
Noes: None
Absent: None
Childs, Christensen, Dickerson,
Ratty, Salvaggio
Councilman Ratty read Report No. 3-86 from the Budget
and Finance Committee, regarding Reclassification of Risk Manager,
as follows:
In 1985, the Wyatt Company was hired to do a Risk
Management Audit for the City of Bakersfield. One
of the recommendations which they made at the con-
clusion of their audit was the creation of a full-
time Risk Manager and Safety Officer to coordinate
the City's overall risk management effort. The
City Council granted this recommendation in July,
1985. A recruitment effort was undertaken at that
time; however, the candidates applying were not
acceptable for a position of this magnitude. It
became apparent at that time that the many respon-
sibilities placed on this individual required a
higher managment and salary level than was
recruited for. This person will be responsible for
the following:
1. Under general direction of the City Manager,
the Risk Manager will plan, organize, and coordi-
nate a comprehensive insurance risk program
designed to protect the City against catastrophic
loss.
2. Develop internal and external risk procedures
including property loss prevention, security, fleet
safety and employee safety.
3. Review possible coverage improvements and
reduction of premium brokers serving the City.
Based on the poor turn out of qualified applicants
in the first recruitment effort, staff has
requested that this position be reclassified from
the original Insurance Analyst to Risk Manager at a
monthly salary of $2,827 to $3,436. The City's
Insurance Broker of Crump, Kindler, and Laucci has
reviewed staff's recommenations and agree that the
position should be upgraded and implemented as soon
as possible as Bakersfield is facing the same cata-
strophic insurance coverage losses as all
California cities due to the Deep Pocket liability.
The Budget and Finance Committee has reviewed this
request with staff and are making the following recom-
mendations for Council approval:
1. Approve the attached job specifications for Risk
Manager.
2. Approve the attached salary resolution which will
place this classification in the management unit at a
monthly salary range of $2,827 to $3,436. Funds are
available in the Attorney's budget since the position
has not been filled this year.
Bakersfield, California, January 8, 1986 - Page 6
Councilman Ratty made a motion to accept Report No. 3-86
from the Budget and Finance Committee, regarding Reclassification
of Risk Manager, and approve the job specification. This motion
was approved by the following roll call vote:
Ayes: Councilmembers Smith, Childs,
Moore, Ratty,
Noes: None
Absent: Councilmember Salvaggio
Christensen,
Dickerson,
Councilman Ratty made a motion to adopt Resolution No.
2-86 of the Council of the City of Bakersfield amending Resolution
No. 187-85 setting salaries and related benefits for officers and
employees of the City of Bakersfield. This motion was approved by
the following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs, Christensen,
Moore, Ratty, Salvaggio
None
None
Dickerson,
Councilman Dickerson, Chairman of the Legislative
Committee, read Report No. 1-86, regarding League of California
Cities Resolution No. 71, as follows:
At the October 16 meeting, the City Council
referred to the Legislative Committee the City
Carsoh's request for support of the League of
California Cities Resolution No. 71.
of
This resolution concerns the manner in which prop-
erty tax revenues are divided when an undeveloped
area is annexed to a city. At present, the formula
for distribution of property tax revenues upon
annexation gives the state government a large por-
tion of the revenue split. As a result, cities and
counties receive less property tax revenue from
undeveloped annexations than from any other property.
The League of California Cities Resolution No. 71
supports passage of a legislative remedy to this
inequity; however, it does not pertain to a spe-
cific bill. The Legislative Committee agrees that
the current reveaue distribution which benefits the
state at the expense of cities and counties is in
need of modification. Therefore, this committee
recommends that the City Council support the
League's Resolution No. 71 by adopting the attached
resolution which will be forwarded to the appropri-
ate state legislators.
Upon a motion by Councilman Dickerson, Report No. 1-86
from the Legislative Committee, regarding League of California
Cities Resolution No. 71, was unanimously accepted.
Adoption of Resolution No. 3-86 of the
Council of the City of Bakersfield sup-
porting League of California Cities'
Resolution No. 71 and Legislation regard-
ing distribution and property taxes upon
annexation for purposes of urban develop-
ment of previously undeveloped property.
Upon a motion by Councilman Dickerson, Resolution No.
3-86 of the Council of the City of Bakersfield, was adopted by the
following roll call vote:
Ayes: Councilmembers Smith,
Moore,
Noes: None
Abesnt: None
Childs, Christensen,
Ratty, Salvaggio
Dickerson
Bakersfield, California, January 8, 1985 Page 7
Councilman Childs read Report No. 2-86 from the
Legislative Committee, regarding Martin Luther King Day
Celebration, as follows:
The first observance of the national holiday honor-
ing Dr. Martin Luther King, Jr. will take place on
January 20, 1986. This holiday has been designated
as a time for Americans to reflect on the princi-
ples of racial equality and nonviolent social
change espoused by Martin Luther King, Jr. This
event is especially significant since the only
other American honored by a national holiday is
George Washington.
In recognition of the birth of this national holi-
day, the Legislative Committee recommends that the
City of Bakersfield participate in this event by
providing the municipal services for a parade that
are normally extended to other parade sponsors as
well as by issuance of a proclamation by the Mayor.
Upon a motion by Councilman Childs, Report No. 2-86
the Legislative Committee, regarding Martin Luther King Day
Celebration, was unanimously accepted and the recommendations
adopted.
Councilman Ratty, Chairman of the Urban Development
Committee, read Report No. 1-86, regarding Reorganization of
Redevelopment Agency, as follows:
On December 18, 1985, this committee discussed at
length the present status of the Redevelopment
Agency and its ability to redevelop the Central
City. On December 15, 1982, the City Council
approved a new ordinance that removed the responsi-
bility for redevelopment from a single purpose
agency and placed it in the hands of the City
Council. The avowed purpose of this change was to
make the redevelopment process more efficient from
an administrative standpoint, and place in the
hands of elected officials, the task of establish-
ing and implementing policy for Redevelopment.
This change has proven to be less than satisfac-
tory. Redevelopment is a complex issue and addi-
tional controversy has been added under the present
structure.
During this committee's deliberations, we studied
several alternatives that might create a more
effective redevelopment process. Of these alterna-
tives four were deemed worthy of mention:
1) The appointment of a separate elector or the
Mayor of the City may be appointed to serve in
place of any Councilmember who can not or does not,
wish to serve on the Agency. This could provide a
full seven (7) member agency. It could, however,
place a non-elected individual among elected offi-
cials.
2) A second alternative would be the resignation of
all Councilmembers from the Redevelopment Agency,
thus allowing the appointment of a full agency made
up of electors of the City. However, the appointed
person only serves for the term of the replaced
Councilmember. Thus, in two years, there is a
potential that the Agency could be composed of
three Councilmembers and four non-elected
citizens.
from
Bakersfield, California, January 8, 1986 - Page 8
3) The Mayor as an elected member of our legisla-
tive body, could also serve on the Redevelopment
Agency. This would provide a eight (8) member
Agency. This would also continue to provide an
Agency made up of elected officials. This alterna-
tive would require an amendment to the existing
ordinance.
4) The final alternative involved the creation of a
separate independent Redevelopment Agency whose
total effort would be Redevelopment. Such an
agency would consist of individuals appointed by
the Mayor (requirement of state law) and ratified
by the Council. The Agency would have authority
over the administration and implementation of the
Redevelopment process except for some contractual
approvals of agreements and the approval of the use
of eminent domain.
Of the major alternatives discussed, this committee
feels the most viable is the formation of a sepa-
rate independent Redevelopment Agency. Such an
agency would be formed with all powers permitted
under the state law necessary to implement the
City's Redevelopment program.
This committee is therefore recommending the
following actions occur:
1) The City Council direct staff to draft an ordi-
nance establishing a separate independent
Redevelopment Agency. Such ordinance shall be pre-
sented to the City Council no later than February
5, 1986, and;
2) The City Council direct staff to prepare an
agreement, guidelines and bylaws to govern the
actions of the Agency and the City Council in
conduct of their respective responsibilities.
the
3) The City Council as the policy board of the
City, shall create and recommend a set of genera]
guidelines to the Mayor regard}ng the qualifica-
tions and characteristics of an independent
Redevelopment Agency Member. To ensure the success
of our Redevelopment efforts the Agency, should be
made up of individuals knowledgeable in design,
finance, business, planning and development and
should collectively be pro-active regarding down-
town revitalization.
Upon a motion by Councilman Ratty, Report No. 1-86 from
the Urban Development Committee regarding Reorganization of the
Redevelopment Agency, was accepted with Councilman Dickerson
voting no.
Councilman Childs read Report No. 2-86 from the Urban
Development Committee, Minority Report, regarding Reorganization
of the Redevelopment Agency, as follows:
Prior to 1982, the Redevelopment Agency was
structured with a separate citizen board. On
December 15, 1982, the City Council approved a
new ordinance that removed the responsibility
for redevelopment from a single purpose agency
and placed it in the hands of the City
Council. The avowed purpose of this change
was to make the redevelopment process more
efficient from an administrative standpoint,
and place in the hands of elected officials,
Bakersfield, California, January 8, 1986 - Page 9
the task of establishing and implementing pol-
icy for Redevelopment.
This change has proven to be less than satis-
factory, mainly because the current system of
having the City Council as the Agency is hav-
ing difficulties with only six (6) active mem-
bers. The City Attorney recently advised us
that if a member resigned from the Agency, the
City Council could make an appointment to the
vacant position on the Agency board. This
appointment could be a member of the City
electorate (registered voter) or Mayor;
however, the Redevelopment ordinance will have
to be changed to allow for the Mayor to be
appointed to the Agency board.
Since Redevelopment is a complex issue and
additiona! controversy has been added under
the present, six (6) active member structure,
and in light of the failure of the prior sys-
tem of the Mayor making appointments, the
Committee deliberated and studied several
alternatives that might create a more effec-
tive redevelopment process. Of these alter-
natives, the Minority Report contains two for
your consideration.
1) The appointment of a separate elector or
the Mayor of the City to serve in place of any
Councilmember who cannot or does not, wish to
serve on the Agency. This could provide a
full seven (7) member Agency. It could,
however, place a non-elected individual among
elected officials.
2) The Mayor as an elected member of our
legislative body, could also serve on the
Redevelopment Agency. This would provide an
eight (8) member Agency. This would also con-
tinue to provide an Agency made up of elected
officials. This alternative would require an
amendment to the existing ordinance.
2a. Although this provides an eight (8) mem-
ber Agency, only seven (7) members would actu-
ally be serving due to the inability of a
councilmember to serve.
If the above recommendations are acceptable,
this report also is recommending that the City
Council direct staff to prepare an agreement
or to draft an ordinance to govern the action
of the Agency and the City Council in the con-
duct of the respective responsibilities.
Upon a motion by Councilman Childs, Report No. 2-86
the Urban Development Committee, Minority Report, regarding
Reorganization of the Redevelopment Agency, was accepted with
Councilman Dickerson abstaining.
from
Councilman Christensen stated he is opposed to Report No.
1-86 from the Urban Development Committee Majority Report and
Report No. 2-86 from the Urban Development Committee Minority
Report because it is a step backwards and contrary to the princi-
ples of democracy.
Bakersfield, California, January 8, 1986 Page 10
Councilman Christensen made a motion that staff prepare
for Council review on February 5, 1986, two ordinances: 1) imple-
menting the majority recommendation; and 2) implementing the
minority recommendations for consideration or keep the present
agency in existence.
Councilman Ratty made a substitute motion to adopt the
Majority Report and direct staff to prepare an ordinance establishing
it as an independent agency.
Upon a motion by Councilman Christensen, additional
was allowed to discuss the Reorganization of the Redevelopment
Agency.
time
Upon a motion by Councilman Moore the call for the ques-
tion was approved with Councilmembers Christensen, Childs and
Dickerson voting no.
Councilman Ratty's substitute motion to adopt Report No.
1-86 from the Urban Development Committee, Majority Report,
regarding Reorganization of the Redevelopment Agency, approve
the recommendations,and direct staff to prepare appropriate ordi-
nances, was adopted by the following roll call vote:
Ayes: Councilmembers Smith, Moore, Ratty, Salvaggio
Noes: Councilmembers Childs, Christensen, Dickerson
Absent: None
Councilman Childs clarified his no vote by stating he
could not support a private agency for the following reasons:
the landbanking property of American National Bank is vacant; the
Bank of America building is half empty; and the Galleria project
would have condemned another Redevelopment Agency project.
Greg Klimko presented City Manager's Report No. 1-86
regarding Civic Auditorium Physical Plant, as follows:
On Sunday, December 15, 1985, the boiler used for
heating the building and domestic hot water at the
Civic Auditorium malfunctioned. This malfunction
caused major damage to the internal casting of the
boiler which is more than twenty years old. A
thorough inspection of the system indicated that the
boiler could not be repaired and should be replaced.
In order to provide heat to the building on an
emergency basis, a temporary boiler was rented
installed.
and
Funding required for the continued operation of the
system and replacement thereof is as follows:
Temporary system:
Installation $3,000
Rental 4 months ~ $1,800 7,200
Removal 1,800
Subtotal $12,000
Replacement system:
Purchase and install $20,000
Contingencies 2,000
TOTAL g~,000
In order to facilitate continued operations of the
Auditorium, I recommend replacement of the system
as noted above and that the Council authorize the
transfer of an amount not to exceed $34,000 from
the Council Contingency to General Services
Operating Account.
Councilman Dickerson requested a picture of the items to
be purchased by the Council.
Bakersfield, California, January 8, 1986 - Page 11
Upon a motion by Councilman Ratty, the expenditure and
transfer of $34,000 from the Council Contingency Fund for replace-
ment of a boiler at the Civic Auditorium, was approved by the
following roll call vote:
Ayes: Councilmembers Smith,
Moore,
Noes: None
Absent: None
Childs, Christensen, Dickerson,
Ratty, Salvaggio
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
a. Approval of Warrant Nos. 3510 to 4013 inclu-
sive, in the amount of $2,173,129.94.
b. Claim for Damages and Personal Injuries from
Edward A. Tapia, 1940 #A Powell Street,
San Francisco. (Refer to City Attorney)
Claim for Damages and Personal Injuries from
Carol B. Shanklin, 1506 Lahaina, West Covina.
(Refer to City Attorney)
Application to Present Late Claim from
Terry Gene Ethridge, 2801 South "H" Street,
Apartment #24, Bakersfield. (Refer to City
Attorney)
Claim for Damages from Lois Jean Butler,
3902 West 8th Street, Los Angeles. (Refer
City Attorney)
to
Claim for Damages from Frances Brown Williams,
1647 West 80th Street, No. 1, Los Angeles.
(Refer to City Attorney)
Claim for Personal Injuries from Gail Sue Martin,
Route 2, Box 713, Bakersfield. (Refer to City
Attorney)
Claim for Personal Injuries from Robert Baker
3100 Ashe Road, #121, Bakersfield. (Refer to
City Attorney)
II,
Dedication of Property
1. Dedication of additional right-of-way on
South "H" Street and a sewer line easement
from Hilltop Developers as required for the
approval of Parcel Map 7794 located west of
South "H" Street and South of Pacheco Road.
2. Dedication of additional right-of-way on
California Avenue at Mohawk Street from
Carver Development Partnership One.
3. Quitclaim of a Public Access Easement from
the City of Bakersfield to Nickel Enterprises.
4. Quitclaim of a Public Parking Easement
from the City of Bakersfield to Nickel
Enterprises.
Bakersfield, California, January 8, 1986 - Page 12
5. Additional dedication for a portion of
Mesa Graade between El Berrendo Avenue and
McCall Avenue from Michael and Anita Mitchell
and Charles and Alice James. In exchange for
the right-of-way the City will construct
street paving, curb and gutters.
j. Notice of Completion and Acceptance of Work on:
Traffic Signal Modifications on "H" Street
at 4th, "H" Street at Belle Terrace and "H"
Street at Wilson Road.
2. 2800 Acre Groundwater Recharge Area -
Phase II Structures - 1109-25.
k. Maps and Improvement Agreements
Improvement Agreement for Parcel Map
Waiver 65-85 with Carver Development
Partnership Four, for 5 parcels on 10.3
acres located northwesterly of California
Avenue and Mohawk Street.
Agreement between the City of Bakersfield and
Robert and Elizabeth Birchfield rescinding
Agreement No. 79-74 providing for covenant
limiting use of property to motor vehicle
parking.
Upon a motion by Councilman Childs, Items a, b, c, d,
e, f, g, h, i, j, k, and 1 of the Consent Calendar were adopted by
the following roll call vote:
Ayes: Councilmembers Smith, Childs, Christensen, Dickerson,
Moore, Ratty, Salvaggio
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Ratty, low bid from
P. E. O'Hair and Company, in the amount of $8,921.38, for PVC
storm drain pipe (530 L.F.), was accepted and all other bids
rejected.
Upon a motion by Councilman Ratty, low bid from
Kern Turf Supply, in the amount of $5,552.11, for lawn equipment
for parks, was accepted and all other bids rejected.
Upon a motion by Councilman Smith, low bid from Herk
Edwards, Inc., in the amount of $22,800, for wall attached folding
bleachers for Martin Luther King Jr. Community Facility, was
accepted, the other bid rejected, and the Mayor was authorized to
execute the contract.
Upon a motion
Fambrough Construction,
Citizen Center Administ
rejected, and the Mayor
by Councilman Ratty, low bid from
in the amount of $189,000, for Senior
ration offices, was accepted, the other bid
was authorized to execute the contract.
Upon a motion by Councilman Moore, low bid from
Integrated Systems Group, in the amount of $90,906, for automated
fuel management system, was accepted, the other bid rejected, and
the Mayor was authorized to execute the contract·
Bakersfield, California, January 8, 1986 - Page 13
DEFERRED BUSINESS
Adoption of Resolution No. 4-86 of
the Council of the City of Bakersfield
making findings and certifying the Final
EIR for the proposed Garces Traffic
Circle Improvement Project and Father
Garces Statue Relocation.
This resolution sets forth the decision of the Council
at its December 18, 1985, meeting to approve and certify the Final
EIR for the proposed Garces Traffic Circle Improvement Project and
Father Garces Statue Relocation and to determine not to adopt a
Statement of Overriding Considerations.
Upon a motion
No. 4-86 of the Council
the following roll call
by Councilman Salvaggio, Resolution
of the City of Bakersfield, was adopted
vote:
by
Ayes: Councilmembers Smith, Childs,
Moore, Ratty,
Noes: None
Absent: None
Christensen, Dickerson,
Salvaggio
Adoption of Ordinance No. 3012 New
Series of the Council of the City of
Bakersfield adding Chapter 17.57 to
Title 17 of the Bakersfield Municipal
Code relating to Metal Storage
Containers.
This Ordinance was given first reading at the meeting
of December 18, 1985, and the use of Metal Storage Containers was
deferred to staff for consideration.
Upon a motion by Councilman Childs, Ordinance No. 3012
New Series of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes: Councilmembers Smith,
Moore,
Noes: None
Absent: None
Childs, Christensen, Dickerson,
Ratty, Salvaggio
Adoption of Zoning Resolution No. 330 of
the Council of the City of Bakersfield
denying appeal by Sheraton Valley Inn
from decision of Planning Commission
denying a special sign permit for a 30
inch by 12-foot monument sign located at
5101 California Avenue (Special Sign
Permit No. 175).
This Zoning Resolution sets forth the decision of
Council following the appeal hearing on this matter held on
November 13, 1985.
the
Councilman Ratty made a motion to adopt Zoning
Resolution No. 330 of the Council of the City of Bakersfield.
Due to the absence of the Mayor, Vice-Mayor Childs pro-
ceeded to chair the Council meeting.
RECESS
Vice-Mayor Childs called a recess at 11:10 p.m.. The
meeting was reconvened at 11:20 p.m.
Bakersfield, California, January 8, 1986 Page 14
Upon
No. 330 of the
the following
a motion by Councilman Ratty, Zoning Resolution
Council of the City of Bakersfield, was adopted
roll call vote:
by
Ayes: Count
Noes: Count
Absent: Mayor
ilmembers Smith, Childs, Dickerson,
Jimembers Christensen, Sa]vaggio
Payne
Moore, Ratty,
Adoption of Zoning Resolution No. 331 of
the Council of the City of Bakersfield
denying the appeal by Mildred D.
McDonald, for McDonald Realty, from the
decision of the Board of Zoning
Adjustment approving a modification
requested by Marty Jeanne Terry to reduce
both required five-foot side yard set-
backs to three feet and to eliminate the
required five-foot rear yard setback on
that certain property commonly known as
1815 First Street.
This Zoning Resolution sets forth the de~ision of the
Council following the appeal hearing on this matter held on
November 13, 1985.
Upon
Resolution No.
adopted by the
a motion by Councilman Christensen, Zoning
331 of the Council of the City of Bakersfield,
following roll call vote:
wa.s
Ayes: Counc
Noes: None
Absent: Mayor
ilmembers Smith, Childs, Christensen,
Moore, Ratty, Salvaggio
Payne
Dickerson,
Adoption of Zoning Resolution No. 332 of
the Council of the City of Bakersfield
approving Negative Declaration, granting
amendment to modification permitting
Microwave Tower & Dishes atop a 12-story
office structure, and making findings.
This Zoning Resolution sets forth the decision of the
Council following the appeal hearing on this matter held on
November 13, 1985.
Upon a motion by Councilman Ratty, Zoning Resolution No.
332 of the Council of the City of Bakersfield, was adopted by the
following roll call vote:
Ayes: Counc
Noes: None
Absent: Mayor
Jimembers Smith, Childs, Christensen,
Moore, Ratty, Salvaggio
Payne
Dickerson
Adoption of Resolution No. 5-86 of the
Council of the City of Bakersfield making
findings regarding value of written pro-
tests filed and not withdrawn, ordering
territory designated as Proceeding No.
882, Annexation No. 304 (Pacheco No. 10)
annexed to the City of Bakersfield sub-
ject to confirmation by the voters, and
calling a special election.
Staff analysis has concluded that slightly more than 25%
of the registered voters within the territory filed valid protests
against annexation prior to the close of the protest hearing on
December 18, 1985.
Bakersfield, California, January 8, 1986 Page 15
Upon a motion by Councilman Salvaggio, Resolution No.
5-86 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes: Councilmembers Smith,
Moore,
Noes: None
Absent: Mayor Payne
Childs, Christensen,
Ratty, Salvaggio
Dickerson
HEARINGS
This is the time set for a public hearing
on Resolution of Intention No. 994 of the
Council of the City of Bakersfield
declaring its intention to vacate a por-
tion of the west four feet of Eye Street
between 25th and 26th Streets in the City
of Bakersfield.
Vice-Mayor Childs declared the hearing open for public par-
ticipation. No protests or objections being received, and no one
wishing to speak in favor, the public portion of the hearing was
closed for Council deliberation and action.
Upon a motion by Councilman Ratty, Resolution No. 6-86
of the Council of the City of Bakersfield ordering the vacation of
the west 4 feet of Eye Street between 25th and 26th Streets in the
City of Bakersfield, was adopted by the following roll call vote:
Ayes: Councilmembers Smith, Childs, Christensen,
Moore, Ratty, Salvaggio
Noes: None
Absent: Mayor Payne
Dickerson,
This is the time set for public hearing
on Resolution of Intention No. 995 of the
Council of the City of Bakersfield
declaring its intention to vacate a por-
tion of Gulf Street between Pierce Road
and State Route 99 in the City of
Bakersfield.
Vice-Mayor Childs declared the hearing open for public
participation.
Chuck Jimerson, property owner adjacent to Gulf Street
property, spoke in support of the vacation.
No protests or objections being received and no one else
wishing to speak in favor, Vice-Mayor Childs closed the public
portion of the hearing for Council deliberation.
Upon a motion by Councilman Christensen, Resolution No.
7-86 of the Council of the City of Bakersfield ordering the vaca-
tion of a portion of Gulf Street between Pierce Road and State
Route 99, was adopted by the following roll call vote:
Ayes: Count
Noes: None
Absent: Mayor
Jimembers Smith, Childs, Christensen,
Moore, Ratty, Salvaggio
Payne
Dickerson,
This is the time set for public hearing
on Resolution of Intention No. 996 of the
Council of the City of Bakersfield
declaring its intention to vacate a por-
tion of a Public Utility Easement south
of Wilson Road and east of New Stine Road
in the City of Bakersfield.
Bakersfield, California, January 8, 1986 Page 16
Vice-Mayor Childs declared the hearing open for public par'-
ticipation. No protests or objections being received, and no one
wishing to speak in favor, the public portion of the hearing was
closed for Council deliberation and action.
Councilman Dickerson made a motion to defer the matter of
Resolution of Intention No. 996 to the end of the agenda.
This is the time set for public hearing
on Resolution of Intention No. 997 of the
Council of the City of Bakersfield
declaring its intention to vacate "R"
Street between Blocks 305 and 306 from
Truxtun Avenue to 16th Street and the
alley within Blocks 305 and 306 in the
City of Bakersfield.
Vice-Mayor Childs declared the hearing open for public
participation. No protests or objections being received, and no
one wishing to speak in favor, the public portion of the hearing
was closed for Council deliberation and action.
Upon a motion by Councilman Ratty, Resolution No. 8-86
of the Council of the City of Bakersfield ordering the vacation of
"R" Street between Blocks 305 and 306 from Truxtun Avenue to 16th
Street and the alley within Blocks 305 and 306, was adopted by the
following roll call vote:
Ayes: Councilmembers Smith, Childs, Christensen,
Moore, Ratty, Salvaggio
Noes: None
Absent: Mayor Payne
Dickerson,
This is the time set for public hearing
regarding adoption of the Negative
Declaration and Open Space Element of the
Bakersfield Metropolitan Area General
Plan.
Communication was received from Building Industry
Association of Kern County, dated January 7, 1986, requesting
Council approve the Park Plan of the Open Space Element.
Vice-Mayor Childs declared the hearing open for public
participation.
Dave Price, representing the Building Industry
Association, spoke in support of the Park Plan.
No protests or objections being received, and no one
else wishing to speak in favor, Vice-Mayor Childs closed the pub-
lie portion of the hearing for Council deliberation and action.
Upon a motion by Councilman Ratty the adoption of
the Negative Declaration and Open Space Element of the Bakersfield
Metropolitan Area General Plan was deferred to the January 22,
1986, Council Meeting by the following roll call vote:
Ayes: Councilmembers Smith, Childs, Christensen,
Moore, Ratty, Salvaggio
Noes: None
Absent: Mayor Payne
Dickerson,
NEW BUSINESS
Beautiful Bakersfield/Historical Preserva-
tion Awards for 1986.
Bakersfield, California, January 8, 1986 - Page 17
The Historical Preservation Commission is recommending
to the City Council that the City of Bakersfield once again par-
ticipate in the Beautiful Bakersfield Awards Program for 1986.
Upon a motion by Councilman Christensen, participation
of the City in the Beautiful Bakersfield Awards Program was
approved by the following roll call vote:
Ayes: Councilmembers Smith, Childs, Christensen, Moore,
Salvaggio
Noes: None
Absent: Mayor Payne, Councilmember Dickerson
Ratty,
Adoption of Resolution No. 9-86 of the
Council of the City of Bakersfield
declaring it has Reviewed, Evaluated and
Considered the Information contained in
the Final E.I.R. for the Kern River
Channel Maintenance Program for the City
of Bakersfield, making findings, and
certifying that said Final E,I.R. has
been completed in compliance with the
California Environmental Quality Act, the
State E.I.R. Guidelines and City Council
Resolution No. 132-83.
The City Planning Commission held a public hearing on
the Draft E.I.R. on November 21, 1985, and recommended certifica-
tion of the Final E.I.R. to the City Council on December 19, 1985.
Upon a motion by Councilman Ratty, Resolution No. 9-86
of the Council of the City of Bakersfield was adopted and staff
was authorized to prepare the application for permit to the
California State Reclamation Board, by the following roll call
vote:
Ayes: Councilmembers Smith, Childs, Christensen,
Moore, Ratty, Sa]vaggio
Noes: None
Absent: Mayor Payne
Dickerson,
HEARINGS CONTINUED
Upon a motion by Councilman Dickerson, Resolution of
Intention No. 996 of the Council of the City of Bakersfield
declaring its intention to vacate a portion of a Public Utility
Easement south of Wilson Road and east of New Stine Road in the
City of Bakersfield, was extended to the continuation of tonight's
meeting to January 15, 1986.
RECESS
Upon a motion by Councilman Christensen, the meeting was
recessed at 11:40 p.m. to January 15, 1986 at 7:00 p.m.
MAYOR of the City or B~kersfield,Calif.-
ATTEST:
ClT~L~L/~E~and Ex Officio Cterk'o~gthe Council
of the City of Bakersfield, California
rg