HomeMy WebLinkAbout03/01/1976 MINUTES CCBakersfield, California, March l, 1976
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., March l, 1976.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Reverend Alonzo
Heath of the Bakersfield Rescue Mission.
Present:
Absent:
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Christensen, Medders, Rogers,
Seeales, Strong, Barton
Councilman Bleecker
Minutes of the regular meeting of February 23, 1976 were
Deferral of Presentation of Commendation.
Mayor Hart announced that the presentation of a Commenda-
tion to Mr. Chester Blair will be deferred for one or two weeks.
Council Statements.
Councilman Strong stated that on March 8, 1976 an Ordinance
will be brought before the Council to amend Section 2.12.010 of the
Municipal Code, which will read as follows:
Monthly Salary. The salary of Councilmen in
the City of Bakersfield shall be $300.00 per
month.
This Ordinance shall become effective only upon approval
by a majority of qualified electors voting thereon. The Charter
Amendment setting salaries at $100.00 per month was effective March
]2, 1956, when time involvement and responsibilities for Council-
men were about one quarter of what it is today.
Councilman Strong stated that there are three points he
would like to make very clear at this time:
1. That this proposal is uncomplicated, people
oriented, it is merely an Ordinance which
places the issue precisely where it belongs,
before the voters.
2. That it is not tied to any State average
of General Law cities of comparable size,
it is strictly a local issue to be decided
by the local people.
approved as presented.
Bakersfield, California, March l, 1976 - Page 2
That in order to change this proposal from
$300.00 per month to another figure it
would again require voter approval.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 2.12.010 of the
Municipal Code, fixing the Salary of
Councilmen.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 2.12.010 of
the Municipal Code, fixing the Salary of Councilmen.
Councilman Christensen announced that he has appointed
Mr. Leo Walker, 909 Acacia Avenue, to serve on the California Avenue
Park Neighborhood Facility Citizens Advisory Committee, replacing
Mr. Charles Anspach, Jr.
Upon a motion by Councilman Sceales, Mr. Jack M. Roth,
3027 Doris Lane, was appointed to the Citizens Auditorium-Recreation
Committee for a 8 year term, expiring January 3, 1984.
Reports.
Councilman Rogers, member o[ the Legislative Committee,
read Legislative Report No. 3-76 regarding New U. S. Treasury
Department Regulations Affecting Lease-Revenue Financing, as
follows:
The U. S. Treasury Department is contemplating
new regulations which could stifle lease-revenue
financing in California as elsewhere.
Lease-revenue financing is commonplace in
California. Briefly, it functions as follows:
A city creates a non-profit corporation to
build a facility. Based upon a long-term lease
between the city and the non-profit corporation,
bonds are issued by the corporation to build
the facility. The interest on these bonds is
presently exempt from federal taxation because
the lease is for a public facility.
Bakersfield is presently going forward on its
waste treatment plant based upon lease-revenue
financing.
The proposed Treasury regulations, if enacted,
would require the State Legislature to specifi-
cally authorize each kind of financing authority
and to define the purposes for which it may
issue bonds. The State Legislature is subject
to all kinds of influence in enacting legis-
lation. It is not at all certain the State
Bakersfield, California, March l, 1976 - Page 3
Legislature would enact legislation necessary
to continue lease-revenue financing which has
been utilized extensively in California for
the past 33 years.
The proposed regulations would create havoc
with governmental financing of public facilities
in California, and would undo all the work of
the courts and local agencies during the past
33 years clarifying what is permitted under
existing law.
Lease-revenue bonds have been used in California
for public office buildings, courthouses, jails,
schools, treatment plants, libraries and such.
To effectively kill off such a valuable financing
aid to local government would seriously deprive
local agencies of much needed facilities if the
proposed regulations are adopted.
It is recommended that the City oppose the
regulations and inform our Senators and Congress-
men of such opposition.
Upon a motion by Councilman Rogers, Legislative Report
No. 3-76 regarding New U. S. Treasury Department Regulations
Affecting Lease-Revenue Financing, was approved, and the Mayor was
requested to prepare the necessary communications to Senator Alan
Cranston, Senator John Tunney and Congressman William Ketchum,
expressing the Council's opposition.
City Manager Bergen read a report regarding Adoption of
Resolution Establishing Standards and Guidelines for City Park
Use, as follows:
On July 14, ]975, the City Council adopted
Ordinance No. 2235 establishing regulations
for use of city parks. The ordinance provided
for the future adoption of park standards and
guidelines.
Attached is a proposed resolution with three
exhibits setting out these standards, guide-
lines, and fee, deposit, and insurance require-
ments. The standards and guidelines listed in
Exhibit A are not new, but conform to present
park policies. Exhibit B indicates the various
city requirements for each type of park
activity or event. Facility reservations
pertain to generally family-type events not
exceeding ]00 persons. Reservations for these
purposes can be made two days prior to the
event. Exclusive use permits, which are provided
for in the new park ordinance, basically pertain
to larger, organized events. Application for
these permits must be made at least fifteen
(15) days prior to the event. Exhibit C outlines
4.: 7
Bakersfield, California, March l, 1976 - Page 4
the fees, certificates, and deposits for various
park activities.
The adoption of this resolution will result in
the full implementation of the recently adopted
park ordinance. The standards, guidelines, and
fees will give staff personnel the controls
they need for the effective administration of
the city parks. It is important that they be
adopted as soon as possible prior to the sub-
mittal of park reservations for this spring
and summer.
Upon a motion by Councilman Medders, report from the City
Manager regarding Adoption of Resolution Establishing Standards
and Guidelines for City Park Use, was accepted.
Adoption of Resolution No. 10-76 of
the Council of the City of Bakers-
field adopting Park Standards and
Guidelines, Requirements, Fees and
Deposits pursuant to and supple-
menting the Park Ordinance.
Upon a motion by Councilman Medders, Resolution No. 10-76
of the Council of the City of Bakersfield adopting Park Standards
and Guidelines, Requirements, Fees and Deposits pursuant to and
supplementing the Park Ordinance, was adopted by the following
roll call vote:
Ayes
Councilmen Christensen, Medders, Rogers, Sceales, Strong,
Barton
Noes None
Absent: Councilman Bleecker
City Manager Bergen reminded the Council of a report that
was submitted regarding the cost of elections to implement the
Federal Voters Rights Act.
Upon a motion by Councilman Rogers, the Budget Review and
Finance Committee was requested to study the cost of elections and
come back to the Council with a recommendation as soon as possible.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3305 to 3365,
inclusive, in the amount of $53,804.15.
(b)
Request from Virgil Beard, 4000 Harris
Road, to connect to City Sewer. (Refer
to Planning Commission for recommendation)
Bakersfield, California, March l, 1976 - Page 5
(c)
Notice of Completion and Acceptance of
Work on improvement of "Q" Street from
34th Street to James Street - Contract
No. 75-76 with James G. Francis.
(d)
Request from Louie Tessandori for annexa-
tion of property located on the northwest
corner of Miller Street and Quincy Street.
(Refer to Planning Commission for study
and recommendation)
(e)
Request from Lucy Freitas for annexation
of property located on the northeast
corner of Hughes Lane and Fairview Road.
(Refer to Planning Commission for study
and recommendation)
(f)
Request from Jesus A. and Ramona S. Orozco
for annexation of property located on the
northwest corner of South "H" Street and
Fairview Road. (Refer to Planning Com-
mission for study and recommendation)
Upon a motion by Councilman Christensen, Items (a), (b),
(c), (d), (e) and (f) of the Consent Calendar, were adopted by the
following roll call vote:
Ayes: Councilmen Christensen, Medders, Rogers, Sceales, Strong,
Barton
Noes: None
Absent: Councilman Bleecker
Action on Bids.
Upon a motion by Councilman Sceales, low bid of Kern
Fence Construction for construction of Akers Road Parksite Sump
Fence, was accepted, all other bids rejected and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Medders, low bid of Valley
Oldsmobile Co. for Two Automobiles for Public Works Department,
was accepted and all other bids rejected.
Deferred Business.
Adoption of Ordinance No. 2262 New
Series of the Council of the City of
Bakersfield repealing Section 7.18.100
of the Municipal Code, concerning
Pawnshop Records.
Upon a motion by Councilman Medders, Ordinance No. 2262
New Series of the Council of the City of Bakersfield repealing
Bakersfield, California, March l, 1976 - Page 6
Section 7.18.100 of the Municipal
was adopted by the following roll
Ayes: Councilmen Christensen, Medders,
Barton
Noes: None
Absent: Councilman
Code, concerning Pawnshop Records,
call vote:
Rogers, Sceales, Strong,
Bleecker
Hearings.
This is the time set for public hearing on Resolution
of Intention No. 91] of the Council of the City of Bakersfield,
declaring its intention to order the vacation of the Alley lying
between vacated Sacramento Street and Sonora Street, in the City
of Bakersfield.
This hearing has been duly posted.
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 Christensen, Resolution No.
11-76 of the Council of the City of Bakersfield ordering the
vacation of the Alley lying between vacated Sacramento Street and
Sonora Street, City of Bakersfield, was adopted by the following
roll call vote:
Ayes: Councilmen Christensen, Medders, Rogers, Seeales, Strong,
Barton
Noes: None
Absent: Councilmen Bleecker
This is the time set for public hearing before the
Council for hearing protests by persons owning real property
within territory designated as "Panorama No. 3," proposed to be
annexed to the City of Bakersfield.
This hearing has been duly advertised, the property posted
and the property owners have been notified as required by law.
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.
44O
Bakersfield, California, March l, 1976 - Page 7
Upon a motion by Councilman Rogers, Resolution No. 12-76
of the Council of the City of Bakersfield declaring that a majority
protest has not been made to the annexation of territory designated
as "Panorama No. 3" proposed to be annexed to the City of Bakers-
field was adopted by the following roll call vote:
Ayes Councilmen Christensen, Medders, Rogers, Scea~es, Strong,
Barton
Noes None
Absent: Councilman Bleecker
Upon a motion by Councilman Rogers, Ordinance No. 2263
New Series approving annexation of a parcel of uninhabited territory
to the City of Bakersfield, California, designated as "Panorama No.
3," and providing for the taxation of said territory to pay the
bonded indebtedness of said City, was adopted by the following roll
call vote:
Ayes: Councilmen Christensen, Medders, Rogers, Sceales, Strong,
Barton
Noes: None
Absent: Councilman Bleecker
This is the time set for public hearing before the Council
for hearing objections to include within the Greater Bakersfield
Separation of Grade District certain territory designated as
"Panorama No. 3" Annexation.
This hearing has been duly advertised.
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 Rogers, Resolution No. 13-76
annexation certain territory designated as "Panorama No. 3" to the
Greater Bakersfield Separation of Grade District, was adopted by
the following roll call vote:
Ayes Councilmen Christensen, Medders, Rogers, Sceales, Strong,
Noes
Absent:
Barton
None
Councilman Bleecker
Bakersfield, California, March l, 1976 - Page 8
This is the time set for public hearing before the Council
of the City of Bakersfield on the initiated action by the Planning
Commission to Zone Upon Annexation to an R-1 (One Family Dwelling),
or more restrictive, Zone, that certain property in the County of
Kern located northerly of Chipman Junior High School bounded on the
west and south by the City of Bakersfield, known as "Panorama No.
3" Annexation.
This hearing has been duly advertised, the property posted
and the property owners have been notified as required by law.
This 158 acre parcel of land is undeveloped except for
a north-south power line with towers. The adjacent properties are
zoned R-l, both in the City and in the unincorporated area of the
County.
The Planning Commission was of the opinion the proposed
R-1 zoning is consistent with the Land Use Element of the Genera]
Plan and is a logical extension of a residential neighborhood.
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 Rogers, Ordinance No. 2264
New Series amending Section 17.12.020 of Chapter 17.12 (Zoning
Map) of the Municipal Code of the City o£ Bakersfield, finding that
said Zoning Upon Annexation to R-1 does not have a substantial
adverse impact on the environment and that it is consistent with
the General Plan, was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Medders, Rogers, Seeales, Strong,
Barton
Noes: None
Absent: Councilman Bleecker
442
Bakersfield, California, March l, 1976 - Page 9
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 8:30 P. M.
ATTEST:
CITY ~K and/E~.4-Of~ci% Clerk of the Council
of the City of Bake,~field, California
ma
Calif.