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HomeMy WebLinkAbout02/23/1976 MINUTES CCBakersfield, California, February 23, 1976 421 Minutes of a regular meeting of the Council of of Bakersfield, California, held in the Council Chambers Hall at 8:00 P. M., February 23, ]976. the City of City The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Reverend Tom Toler of the First Christian Church. The City Clerk called the roll Present: Mayor Hart. Absent: None Councilmen Barton, Bleecker, Medders, Rogers, as follows: Christensen, Sceales, Strong Minutes of the regular meeting of February 9, 1976 were approved as presented. Scheduled Public Statements. Mayor Hart acknowledged the presence of Boy Scout Troop 407 and their Scout Master Mr. Jerry Collins. Miss Stacey Frazier, representing Highland High School, thanked the Traffic Engineer Jerry Hahs and the Public Works Department for helping solve and correct a traffic problem at the intersection of Auburn Street and Piper Way. Miss Frazier also stated that it would aid the traffic flow if the turn at Royal Scotts Way and Piper Way was widened. Councilman Rogers suggested that the traffic problem at Royal Scotts Way and Piper Way be referred to the Traffic Engineer for investigation. Mr. Bob Bierne, District Operations Manager of Getty Oil Company, outlined the new sources review rules for determining impact of air quality adopted by the California Air Resources Board on October 28, 1975. Mrs. Ann Monroe, 236 North Stine Road, read an article from the Readers Viewpoint of the Bakersfield Californian, dated January 23, 1976, congratulating the Councilmen who voted for returning the Community Development Block Grant Funds and two editorials regarding Federal Funds. Bakersfield, Cali£ornia, February 23, 1976 - Page 2 Mr. Nathan Krevitz, 5700 Stockdale Highway, questioned the method by which the Finance Department determines which insurance and securities businesses in the City of Bakersfield are required to obtain a business license. City Attorney Hoagland and Finance Director Haynes ex- plained the process by which the Finance Department determines who is required to have a business license. Mrs. Marie Dickinson, 1733 Cypress Circle, questioned Councilman Strong about an article appearing in the February 17, 1976 issue of Bakersfield College's "Renegade Rip" regarding his speech to the students during Black History Week pertaining to the Council returning the Community Development Block Grant Funds to the Federal Government. Councilman Strong stated that the Council is not a forum to discuss philosophies but he would be glad to meet with Mrs. Dickinson regarding this matter and also that he has the right to speak or say exactly what he feels and will continue to exercise that right. Correspondence. Upon a motion by Councilman Rogers, communication from Louise Putman, R.N., Paramedic Coordinator for San Joaquin Com- munity Hospital, regarding publicity for the Paramedic Services telephone numbers, was received and ordered placed on file. Council Statements. Councilman Medders announced that he has appointed Mr. William H. McCullough, 2525 Buena Vista Street, to serve on the California Avenue Park Neighborhood Facility Citizens Advisory Committee, replacing Mr. Paul Cato. Councilman Sceales nominated Mr. Jack M. Roth to fill the vacancy on the Citizens Auditorium-Recreation Committee which term expired January 3, 1976. Councilman Christensen requested that this appointment to the Citizens Auditorium-Recreation Committee be held over for one week. Bakersfield, California, February 23, 1976 - Page 3 Councilman Sceales stated that he has no objection to holding this appointment over for one week. Reappointment of Building Director Philip White as member of the Board of Zoning Adjustment. Upon a motion by Councilman Medders, Building Director Philip White was reappointed to the Board of Zoning Adjustment for three year term expiring December ], 1978. Reports. Councilman Rogers, Chairman of the Water and City Growth Committee, read Report No. 3-76 regarding Southeast Bakersfield Treatment Plant Expansion Program, as follows: On January 5, 1976, the Council approved Change Order No. i to Agreement No. 75-2 with Metcalf & Eddy, for engineering services on the South- east Bakersfield Treatment Plant expansion program. Under this change order the engineers explored alternate effluent disposal methods to replace the original plan of selling the effluent to the Kern Delta Water District. In addition, the engineers prepared supplements to the pro- ject report, environmental impact report, and the financing plan as necessary. The engineers have completed this work and recommend expansion of the existing land disposal method (Plan I-3) as the most economical plan for City Plant 1 and 2 service areas. This plan provides the City some flexibility in that if at some future time, sale of the effluent to an irrigation district becomes a more economical disposal method, then the proposed method could be discontinued with minimum change. Another attractive feature of this alternate is that it requires the smallest annual service charge to the residents. With Council approval of this plan, Metcalf & Eddy together with the two local engineering firms who are providing substantial assistance on the design, mapping and soil studies for this project, should proceed as rapidly as possible. A second change order would authorize the necessary work to meet the schedule for implementation of this plan. This work could be terminated at any point if the City received an attractive offer for the effluent before completion of the work. A description of Plan I-3 is included in the Council packet for background information. 424 Bakersfield, California, February 23, 1976 - Page 4 It is the recommendation of this committee that the Council adopt Wastewater Management Plan I-3 and submit the project report, including the environmental impact and the financing reports to the State Water Resources Control Board for concept approval and that Change Order No. 2 to Agreement No. 75-2 for engineer- ing services with Metcalf & Eddy be approved. Upon a motion by Councilman Rogers, Report No. 3-76 of the Water and City Growth Committee regarding Southeast Bakersfield Treatment Plant Expansion Program, was accepted; Wastewater Manage- ment Plan I-3 and submission of project report, including the environmental impact and financing reports to the State Water Resources Control Board for concept approval, was adopted; and Change Order No. 2 to Agreement No. 75-2 with Metcalf & Eddy for Engineering Services, was approved and the Mayor was authorized to execute same. Councilman Bleecker, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 2-76 regarding Police and Fire Alarm Monitoring System, as follows: At the City Council meeting of October 6, 1975, the matter of an Alarm Monitoring Franchise for the City of Bakersfield was referred to this Committee for study and recommendation. What follows is a result of over four months of intensive effort on the part of the Committee, the staff and the local alarm industry to present an Ordinance which serves the needs of the Police Department, the alarm operators, the business community and private residences. The first determination that the Committee made was that a franchise was not in the best interests of all concerned and that an Ordinance setting forth the method of operation of alarm systems would allow for the controls desired without unduly hampering free enterprise and the creation of a monopoly as a franchise would do. The Ordinance in its present form is a result of five different drafts all of which have been reviewed in great detail by the Committee. Rather than take a great deal of the Council's time, an outline giving all of the significant points of the proposed Ordinance is attached. This Ordinance has been reviewed by the local alarm industry and their association, and it has been approved in its present form by both 425 Bakersfield, California, February 23, 1976 - Page 5 the Fire Chief and the Chief of Police. Both Chiefs feel, as does this Committee, that the Ordinance in its present form will signifi- cantly reduce false a~arms, allow the greatest possible flexibility to the Police and Fire Departments and to the alarm industry and provide the necessary controls, with minimum restraints, for effective protection of business and industry in the community. It is the recommendation of this Committee that the Ordinance regulating Police and Fire Alarm Systems be adopted. Mr. Alan L. Pepper of Lessing E. Gold Law Offices and representing Western Burglar & Fire Alarm Association, stated that the alarm industry is not opposed to an ordinance that reasonably regulates the alarm industry and seeks to reduce false alarms. Most of the proposed Ordinance is acceptable but there are a few problems and they would have to oppose it as now written. Chief of Police Price explained the need for the Ordinance regulating the alarm industry in the City of Bakersfield and answered questions of the Council. Assistant City Manager Buell clarified a misunderstanding in regards to the intent of the proposed Ordinance relative to the percentage of false alarms allowable. Mr. Doug Lovegreen, owner and operator of Imperial Alarm System, stated he is in favor of a regulatory Alarm Ordinance but opposes the proposed Ordinance as it is now written. Mr. Jim Spohn, representing A-1 Space Age Alarm Company and Chairman of the Alarm Association of Bakersfield, spoke in opposition to the proposed Alarm Ordinance as it is now written. During a lengthy discussion, Councilman Strong stated that in view of what has transpired tonight in regards to the complaints from the various alarm companies that they have not had enough time to study the proposed Ordinance regulating Police and Fire Alarm Systems, he would move that it be referred back to the Governmental Efficiency and Personnel Committee, keeping in mind that something will have to be done prior to occupancy of the new Police Building. Bakersfield, California, February 23, 1976 - Page 6 of March, with the then the critical. Councilman Bleecker suggested that since the alarm company representatives have numerous qualms regarding this proposed Ordinance, as it is now written, that they get together prior to the Governmental Efficiency and Personnel Committee meeting and put in writing all of their comments and criticisms because when the Ordinance passes that is what they will have to abide by. City Attorney Hoagland suggested that the alarm companies submit their changes to the Ordinance prior to the Governmental Efficiency and Personnel Committee meeting for review by the Attorney's office. Councilman Bleecker suggested that the Alarm Ordinance be brought back to the Council for consideration on March 15, 1976. Chief Price stated that the telephone company has to have directions, right now, as to what lines are going to be put into the new Police Building and suggested that the Council issue a Minute Order indicating that as of a certain date, around the middle that all alarms terminating within the Police Department, exception of certain governmental buildings, be removed, time for reworking the Alarm Ordinance won't be so Councilman Strong's motion that the Alarm Ordinance be sent back to the Governmental Efficiency and Personnel Committee for reconsideration and returned to the Council 22, all buildings, March 15, on or before March Councilman Barton, Chairman and Parking Committee, read Report No. of Old Police Building, as follows: At the City Council meeting of February the City Council referred the matter of 1976, was unanimously approved. Upon a motion by Councilman Bleecker, Minute Order that alarm services, with the exception of certain governmental terminating in the old Police Building be removed by 1976, was unanimously approved. of the Business Development 1-76 regarding Disposition 2, 1976, the Bakersfield, California, February 23, 1976 - Page 7 disposition of the existing police services building to this committee for review and recom- mendation. The committee reviewed the structural condition, cost of repair, potential rental income, sale of building, and parking needs in the area. The structural report prepared by a structural engineer in 1974 identified overspanned floor and roof joists, ineffective shear walls, walls not capable of resisting lateral loads, inade- quate heating and cooling, and general obso- lescence which showed that repair costs would approach land costs of over $200,000, and the City would still be in possession of an obsolete building and the accompanying higher maintenance cost. Even minimum repairs would only delay the inevitable repairs necessary later on. Rental income is generally low in Bakersfield for older buildings--especially in a building where wails cannot be moved to suit the tenant. Existing walls in the old police building are bearing walls, and, therefore, can't be moved. Cost of repairs would have to be amortized in the rental or lease and this would only give a nearly break-even deal for the City. For the same reasons as we have indicated earlier, the building is not suitable on the property and only the land value, which is estimated at around $200,000, would be considered in any plan to sell the property. Any use or re-use of the building would require more parking spaces than exist now. With a parking deficiency in the immediate area of 331 spaces, and the temporary nature of the 100-space parking lot on the southwest corner of Truxtun and "H" Streets, it would not be fair to the community to compound the parking problem by selling or leasing the building. It is, therefore, the recommendation of this committee that the City Council authorize the demolition of the existing police building and the conversion of that property into temporary parking. Upon a motion by Councilman Barton, Report No. 1-76 of the Business Development and Parking Committee regarding Disposition of Old Police Building, was accepted and authorization granted to demolish that building and convert the property into temporary parking. Councilman Rogers abstained from voting on this motion and Councilman Sceales voted in the negative. 42s Bakersfield, California, February 23, 1976 - Page 8 Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 2-76 regarding Sale of Property to the Transit District, as follows: In 1973, the City leased the former Municipal Transit District property at 3101 - 16th Street to the Golden Empire Transit. This property consists of administration buildings, shop, pump islands, etc. The rental being paid by Golden Empire Transit was established at $1,000 per month, based upon a value of $120,000 for the property at that time. The Transit District has expressed a desire to purchase the property from the City, and for the past several months, the City Attorney has been negotiating with them. Based upon two appraisals, one by the City and one by the District, the fair market value has been established at $137,500, a figure which has been tentatively agreed upon between both the City and the Transit District. It is the recommendation of this Committee that the Transit property at 3101 16th Street be sold to Golden Empire Transit for a consideration of $137,500. Upon a motion by Councilman Barton, Report No. 2-76 of the Business Development and Parking Committee regarding Sale of Property to the Transit District, was accepted and authorization granted to sell the Transit property at 3101 - 16th Street to Golden Empire Transit for $137,500.00. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3114 to 3304, inclusive, in the amount of $183,780.78. (b) Claim for Damages from Louis Ochoa, 2226 Nelson Street. (Refer to City Attorney) (e) Claim for Damages from Julian M. Montoya, 3600 Dana Street #P. (Refer to City Attorney) (d) Claim for Damages from Arthur Tognini, 1942 Terrace Way, Lessor and Owner of businesses from 9-25 Chester Avenue. (Refer to City Attorney) (e) Claim for Damages from Fay Meats, dba Meats Cafe, 9 Chester Avenue. (Refer to City Attorney) 429 Baker~£±eld, Cal±fornia, February 23, 1976 - Paffe 9 Claim for Damages from Bill Bolt, dba Bolt's Barber Shop, 11 Chester Avenue. (Refer to City Attorney) (g) Claim for Damages from Sandra Bays and Joe] Mack, M.D., dba "SHE", 15 Chester Avenue. (Refer to City Attorney) (h) Claim for Damages from Patricia Tognini, dba Brundage Fabrics, 19 Chester Avenue. (Refer to City Attorney) (i) Claim for Damages from Ron Sorrano and Carl Keosheyan, dba Brundage Pharmacy, 25 Chester Avenue. (Refer to City Attorney) (J) Claim for Damages from Harold Cox, dba Brundage Jewelry, 27-31 Chester Avenue. (Refer to City Attorney) (k) Request from J. O. Barber o£ Barber Pontiac Co., 500 Oak Street, for abandon- ment of Alley which deadends into Freeway 58 and South Olive Street. (Refer to Planning Commission) (1) DELETED (m) Construction Change Order No. 1 to Contract No. 75-76 with James G. Francis for improvements of "Q" Street from 34th Street to James Street. Upon a motion by Councilman Christensen, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (m) and deletion of Item (1), of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Barton, Bleecker, Christensen, Medders, Rogers, Sceales, Strong Noes: None Absent: None Action on Bids. Upon a motion by Councilman Medders, the two bids received on 2 Four Door Sedans, were rejected as they did not meet all specifications. Deferred Business. Adoption of Ordinance No. 2260 New Series of the Council of the City of Bakersfield prohibiting parking on Brundage Lane adjacent to Vernal Place intersection. Bakersfield, California, February 23, 1976 - Page l0 Upon a motion by Councilman Medders, Ordinance No. 2260 New Series of the Council of the City of Bakersfield prohibiting parking on Brundage Lane adjacent to Vernal Place adopted by the following roll call vote: Ayes Noes: Absent: Abstaining: Councilmen Barton, Bleecker, Strong None None Councilman Christensen Upon of the Council intersection, was Medders, Rogers, Sceales, Adoption of Resolution No. 9-76 of the Council of the City of Bakers- field protesting to execution of Contracts or Agreements for ]ands within one mile of the City located in Agricultural Preserves. a motion by Councilman Rogers, Resolution No. 9-76 of the City of Bakersfield protesting to execution roll call vote: Ayes Councilmen Barton, Bleecker, Christensen, Medders, Rogers, Sceales, Strong Noes None Absent: None New Business. Referral of a Resolution of the Council of the City of Bakersfield designating the City agencies required to adopt Conflict of Interest Codes and establishing deadline for submission to the City Council of proposed Conflict of Interest Codes and stating certain requirements of the Political Reform Act of 1974. The Political Reform Act of 1974 (Proposition 9) which now requires Mayors, City Managers and members of City Councils to file various campaign and conflict of interest disclosure state- ments, also requires City departments to formulate Conflict of Interest Codes listing positions and requiring designated employees to file statements disclosing reportable investments, real property located in Agricultural Preserves, was adopted by the following Contracts or Agreements for lands within one mile of the City Bakersf±eld, Cali£orn~a, February :23, 1976 - Pa~e li and income; status deadline for submission to Council for final adoption, and otherwise directs the named agencies as to duties. It is recommended that the proposed resolution be referred to the appropriate committee for report and recommendation to the Council. Upon a motion by Councilman Rogers, Resolution of the Council of the City of Bakersfield designating the City agencies required to adopt Conflict of Interest Codes and establishing dead- line for submission to the City Council of proposed Conflict of Interest Codes and stating certain requirements of the Political Reform Act of 1974, was referred to the Governmental Efficiency and Personnel Committee for report and recommendation to the Council. First reading of an Ordinance of the Council of the City of Bakers- field repealing Section 7.18.100 of the Municipal Code, concerning Pawnshop Records. Section 7.18.100 requires that the Chief of Police maintain, in his office, a file of all reports received from pawn- shops, secondhand dealers, etc. reporting the purchase of used tangible property. State law currently provides that the Depart- ment of Justice maintain a report on every purchase by pawnshops and secondhand dealers. Maintaining two files is a duplication of effort. The records of the Department of Justice would be available to the Police Department if the need would arise. First reading was considered given an Ordinance of the Council of the City of Bakersfield repealing Section 7.18.100 of the Municipal Code, concerning Pawnshop Records. Approval of an Agreement for a Tele- type Operation between the County o£ Kern and the City of Bakersfield. Upon a motion by Councilman Bleecker, Agreement the City of Bakersfield and the County of was approved and the Mayor was authorized between Kern for Teletype Operations, to execute same. Bakersfield, California, February 23, 1976 - Page 12 Hearings. This is the time set for public hearing on application by Carl R. Moreland to amend the zoning boundaries from an "A" (Agricultural) Zone to an R-S (Residential-Suburban), or more restrictive, Zone, affecting that certain property in the City of Bakersfield located northwesterly of the intersection of Wible Road and Harris Road. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. Subject property has been subdivided into estate-size lots. The proposed R-S zoning permits the keeping of chickens and livestock. Adjacent properties located in the unincorporated area are zoned for estate-size lots which permits animals. The Planning Commission was of the opinion the proposed R-S zoning would be compatible with the adjacent properties and is the most logical zone ['or subject property. The Commission found the requested zoning consistent with the Land Use Element of the General Plan. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Sceales, Ordinance No. 2261 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located northwesterly of the intersection of Wible Road and Harris Road, was adopted by the following roll call vote: Ayes: Councilmen Barton, Sceales, Noes: None Absent: None Bleecker, Christensen, Medders, Rogers, Strong Bakersfield, California, February 23, 1976 - Page 13 Adjournment. There being no further business to come Council, upon a motion by Councilman Christensen, adjourned at 11:20 P.M. before the the meeting was MAYO 1 d, Calif. ATTEST: CITY (fLERK and Ex-~ficio Clerk of the of the City of Bak~rsfield, California Council ma