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