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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