HomeMy WebLinkAbout03/08/1976 MINUTES CCBakersfield, California, March 8, 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 8, 1976.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Reverend John Evans
of the First Christian Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Medders, Rogers, Sceales, Strong,
Barton, Bleecker, Christensen
Absent: None
Minutes of the regular meeting of March 1, 1976 were
approved as presented.
Scheduled Public Statements.
Mr. Cicero Goddard, 224 "T" Street, Co-Chairman of
Bakersfield Opposes Pornography, requested that the City Council
instruct the City Attorney to obtain an injunction against all
businesses in the City displaying or selling pornographic material
since the California Supreme Court has ruled that this can be done
under the public nuisance law.
Mr. Goddard said he was informed this morning by the
Business License Department that the stores Mr. Morrison had
operated were opened but
and later this afternoon
in the mail today.
Upon a motion by
the issuance of a Business
a Business License had not been issued
he was informed that the license was put
Councilman Bleecker, the facts regarding
License to one of the pornography
businesses on 19th Street, was referred to the Governmental
Efficiency and Personnel Committee. Councilman Rogers abstained
from voting on this motion.
City Attorney Boagland stated that he could not assess
the Supreme Court ruling on pornography until a formal opinion is
received from the Supreme Court of California.
44-i
Bakersfield, California, March 8, 1976 - Page 2
Correspondence.
A communication was received from Mrs. John C. Eggl,
2900 Daken Street, regarding a book of coupons purchased from the
Merchants Treasury Program which some of the businesses are not
honoring.
Councilman Bleecker requested an opinion :from the City
Attorney as to whether or not the Business Licenses of the
merchants not honoring these coupons can be revoked.
City Attorney Hoagland stated that he would submit a
report on this matter at next week's Council Meeting.
Council Statements.
Councilman Barton stated that on Saturday, March 6, 1976,
a Santa Fe train blocked traffic from Union Avenue to "H" Street
for at least 30 minutes and requested the City Manager to contact
Santa Fe officials and attempt to resolve this problem.
Councilman Bleecker stated that the City had an Ordinance
requiring tracks to be cleared in 10 minutes, however, the State
Public Utilities Commission has pre-empted this Ordinance in that
trains are allowed l0 minutes for switching, but if a train is
coming in and another going out the time they can block the tracks
is unlimited.
Reports.
Councilman Bleecker, Chairman of the Governmental
Efficiency and Personnel Committee, read Report No. 3-76 regarding
Engagement of Engineering Services, as follows:
At the City Council meeting of January 12, 1976,
the subject of the plausibility and desirability
of putting professional engineering work up for
bid was referred to this Committee for study
and report.
The Committee has met several times since then
to discuss this matter. It is our recommenda-
tion that those services do not necessarily
need to be bid but that a policy and guidelines
should be established.
Attached to this report is a proposed "Policy
on Engagement of Engineering Services." This
policy would provide:
Bakersfield, California, March 8, 1976 - Page 3
For projects where the engineer's compen-
sation is under $5,000, the Public Works
Director will retain engineers on an hourly
basis, rotating engineering firms where-
ever possible.
For projects where the engineer's compen-
sation is over $5,000, a committee from
the Manager's, Finance and Public Works
Department will interview and recommend to
the Council selection of an engineer
through procedures which are outlined in
the policy statement.
If the Council adopts this policy, the staff
will then develop administrative guidelines to
insure that the Council will have some prior
idea as to which projects are likely to be done
with in-house personnel and those projects
which are ~ikely to be done through outside
engineering services.
It is, therefore, the recommendation of this
Coramittee that the policy on the engagement of
engineering services be adopted.
Upon a motion by Councilman Bleecker, Report No. 3-76
of the Governmental Efficiency and Personnel Committee regarding
Engagement of Engineering Services, was accepted, and the Policy
on the Engagement of Engineering Services, was adopted.
Councilman Medders, Chairman of the Budget Review and
Finance Committee, read Report No. 3-76 regarding Elections, as
follows:
On March l, 1976, the subject of cost of
elections was referred to this Committee for
study and recommendation.
Last year the staff prepared a report on a
consolidation of Council elections which set
forth a number of alternatives that could be
considered that would reduce the cost of
conducting an election. Since that time, new
legislation in the form of the Voting Rights
Act of 1975 has further increased the expendi-
tures required if the City is to continue
conducting its own elections.
There are basically two alternatives that the
City can consider for cost savings. The first
is to establish election dates which would
have our elections held at the same time as
the Presidential and Gubernatorial elections
or, secondly, establish dates which would have
our elections coincide with those of the school
districts. Another issue which much be dealt
with is the question of whether we should have
a nominating and general election or simply
have a general election where the candidate
receiving the highest number of votes would be
declared the winner.
Bakersfield, California, March 8, 1976 - Page 4
This Committee has met with representatives
from the County Clerk's Office, the County
Superintendent of Schools and the staff to
look at the various alternatives. It is our
recommendation that a Charter Amendment be
placed on the June 8, 1976 ballot which would
have City Councilmanic elections held on the
first Tuesday after the first Monday in March
in odd-numbered years. This would allow
consolidation of our elections with the schools
and would further allow for the County to con-
duct these elections at a cost much less than
what we could conduct our own if we so choose.
The Committee has made no recommendation
relative to a nomination and general election
or a winner-take-all election as it is the
feeling that th~s issue should be debated by
the full Council and that they alone should
arrive at the decision.
After considerable discussion, Councilman Medders moved
that a Charter Amendment be placed on the June 8, 1976 ballot to
change the date of Councilmanic elections to be consolidated with
the School Board Elections held on the first Tuesday after the
first Monday in March in odd-numbered years commencing in the
year 1977. This motion carried by the following roll call vote:
Ayes: Councilmen Medders, Rogers, Sceales, Barton, Bleecker,
Christensen
Noes: Councilman Strong
Absent: None
Councilman Medders moved that a Charter Amendment be
placed on the June 8, 1976, ballot to change the date of Runoff
Elections for Councilmen to be consolidated with the election held
on the last Tuesday in May of odd-numbered years commencing in the
year 1977.
Councilman Bleecker offered a substitute motion that the
Charter Amendment appear on the ballot worded so that the electorate
decides whether or not a Runoff Election will be held for Council-
men or simply a General Election where the candidate receiving the
highest number of votes would be declared the winner. The sub-
stitute motion carried by the following roll call vote:
Ayes: Councilmen Medders, Rogers, Sceales, Strong, Barton,
Bleecker, Christensen
Noes: None
Absent: None
Bakersfield, California, March 8, 1976 - Page 5
Councilman Barton moved that the language of Section 19
of the Charter regarding seating newly elected Councilmen on the
second Monday following the General Election, be retained.
Councilman Medders offered a substitute motion that the
Charter Amendment regarding the Runoff Election have language
incorporated that would seat newly elected Councilmen on the first
regular Council Meeting in July of odd-numbered years. This motion
failed to carry by the following roll call vote:
Ayes: Councilmen Medders, Rogers
Noes: Councilmen Sceales, Strong, Barton, Bleecker, Christensen
Absent: None
Councilman Barton's motion that the language of Section
19 of the Charter regarding seating newly elected Councilmen on
the second Monday following the General Election, be retained,
carried by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Bleecker,
Christensen
Noes: Councilman Medders
Absent: None
City Manager Bergen read a Memorandum regarding Proposed
Adjustment in Broadview Sanitation District Sewer Services Charges,
as follows:
On March 22, 1968, the City of Bakersfield and
Stockdale Development Corporation entered into
an agreement whereby the City purchased the
Broadview Sanitation Company sewer system.
Under the agreement, the City assumed full
operation and maintenance responsibilities for
the system.
The purchase agreement permits the City to
adjust the sewer service charges in the Broad-
view Sanitation District every five years
beginning December 3], 1970 based on the
increase in the Consumer Price Index. Five
years have now elapsed and thus a rate increase
would be permissible. The Consumer Price Index
increased from 116.8 on December 30, 1970 to
163.7 on December 31, 1975, or approximately
40 percent. On the surface, this may appear
to be a rather large increase to impose. How-
ever, the budget of the Waste Water Division
has exceeded this increase during this same
Bakersfield, California, March 8, 1976 - Page 6
period. In light of this fact, it would appear
that a 40 percent increase in sewer service
charges is reasonable. A 40 percent increase
would generate approximately $30,000 annually
in additional city revenue.
In order to accomplish this, a resolution of
the City Council will be necessary. The staff
will place this matter on the March 15 City
Council Agenda for your consideration.
Upon a motion by Councilman Rogers, Memorandum from the
City Manager regarding Proposed Adjustment in Broadview Sanitation
District
on file.
(c) and
roll call
Ayes:
Sewer Service Charges, was received and ordered placed
Noes:
Absent:
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3366 to 3449,
inclusive, in the amount of $238,249.86.
(b) Improvement Agreement for Parcel Map No.
2912.
(c) Application for Encroachment Permit from
H. D. Waltz (The Habit Restaurant), 930 -
21st Street.
Application for Encroachment Permit from
Gary Bettis, 5420 Cherry Tree Lane.
a motion by Councilman Christensen, Items (a), (b),
the Consent Calendar, were adopted by the following
(d)
Upon
(d) of
vote:
Councilmen Medders,
Bleecker,
None
None
Rogers, Sceales, Strong, Barton,
Christensen
New Business.
Reception of City Clerk's Certificate
o[ Sufficiency of Petitions of Nomi-
nation of Candidates for the Office
Upon
Certificate of
of Mayor of
a motion by
Sufficiency
the City of Bakersfield.
Councilman Medders, the City Clerk's
of Petitions for Nomination of the
following candidate for the Office of Mayor of the City of
Bakersfield, was received and ordered placed on file:
NAME OFFICE TERM OF OFFICE
Donald M. Hart Mayor Full Term
Bakersfield, California, March 8, 1976 - Page 7
Adoption of Ordinance No. 2265 New
Series of the Council of the City
of Bakersfield amending Section
2.12.010 of the Municipal Code
fixing the Salary of Councilmen.
This Ordinance would increase the salary of Councilmen
from $100.00 to $300.00 per month subject to referendum election
in accordance with Section 18 of the City Charter.
Dr. Don Ratty, representing the Downtown Business
Association, read a statement in favor of placing a Charter
Amendment on the ballot to raise Council salaries from $100.00
to $300.00 per month. Dr. Ratty, as a private citizen, stated
that he personally is in favor of the Charter Amendment.
Mrs. Ann Monroe, 236 North Stine Road, spoke in opposition
to raising the Counci~'s salaries from $]00.00 to $300.00 per month.
Councilman Sceales stated that in keeping a campaign
promise, made while running for Councilman of the 6th Ward, he
would oppose the Charter Amendment to raise Council salaries.
Councilman Strong referred to and read letters from Kern,
Inyo & Mono Counties Central Labor Council, Kern County Fire
Fighters Union, Inc., Kern County Employees Association, SEIU
Local 700, International Brotherhood of Electrical Workers, Local
No. 428, Mr. Dean Gay (former City Planning Commissioner) and the
Bakersfield Board of Realtors, supporting a proposal to place a
measure on the ballot which would allow voters in the City to
decide on the monthly salary to be paid Councilmen.
Upon a motion by Councilman Strong, Ordinance No. 2265
New Series of the Council of the City of Bakersfield amending
Section 2.12.010 of the Municipal Code fixing the Salary of
Councilmen,
Ayes
Noes
Absent:
Abstaining:
was adopted by the
Councilmen Strong,
Councilmen Medders,
None
Councilman Rogers
following roll call vote:
Barton, Bleecker, Christensen
Sceales
Bakersfield, California, March 8, 1976 - Page 8
Councilman Rogers stated that he abstained from voting
on this matter because it is not overly important to him whether
or not Council salaries remain as they are at the present time,
however, he has no objections to having the Ordinance placed on
the ballot for the people to decide.
Adoption of Resolution No. 14-76 of
the Council of the City of Bakers-
field calling a Special Municipal
Election for the purpose of sub-
mitting an Ordinance changing the
salary of members of the Council to
a Referendum, providing for the
consolidation of said Election with
the Nominating Municipal Election
for the Office of Mayor and the State
of California Direct Primary Election
to be held on June 8, 1976, and
requesting the Board of Supervisors
of the County of Kern to order the
consolidation of said Elections.
Upon a motion by Councilman Strong, Resolution No. 14-76
of the Council of the City of Bakersfield calling a Special Muni-
cipal Election for the purpose of submitting an Ordinance changing
the salary of members of the Council to a Referendum, providing
for the consolidation of said Election with the Nominating Munici-
pal Election for the Office of Mayor and the State of California
Direct Primary Election and the Presidential Primary Election to
be held on June 8, 1976, and requesting the Board of Supervisors
of the County of Kern to order the consolidation of said Elections,
was adopted by the following roll call vote:
Ayes:
Councilmen Strong, Barton, Bleecker, Christensen
Noes:
Councilmen Medders, Sceales
Absent: None
Abstaining: Councilman Rogers
Adoption of Resolution No. 15-76 of
the Council of the City of Bakers-
field calling the Nominating Munici-
pal Election for the Office of Mayor,
providing for the consolidation of
said Election with the Special Muni-
cipal Election for the purpose of
submitting an Ordinance changing the
salary of members of the Council to
a Referendum ("The Referendum Election"),
and the State of California Direct
Bakersfield, California, March 8, 1976 - Page 9
Primary Election to be held on June
8, 1976, and requesting the Board of
Supervisors of the County of Kern to
order the consolidation of said
Elections.
Upon a motion by Councilman Medders, Resolution No. 15-76
of the Council of the City of Bakersfield calling the Nominating
Municipal Election for the Office of Mayor, providing for the
consolidation of said Election with the Special Municipal Election
for the purpose of submitting an Ordinance changing the salary of
members
and the
June 8,
of Kern
by the following roll call
of the Council to a Referendum ("The Referendum Election"),
State of California Direct Primary Ejection to be held on
1976, and requesting the Board of Supervisors o£ the County
to order the consolidation of said Elections, was adopted
vote
Ayes: Councilmen Medders,
Bleecker,
Noes: None
Absent: None
This is the time
Rogers, Sceales, Strong, Barton,
Christensen
Hearings.
set for public hearing on Resolution
of Intention No. 912 of the Council of the City of Bakersfield,
declaring its intention to order the vacation of Sonora Street
between Sumner and Kentucky Streets, 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.
16-76 of the Council of the City of Bakersfield ordering the
vacation of a portion of Sonora Street lying between Sumner and
Kentucky Streets, in the City of Bakers£ield, was adopted by the
following roll call vote:
Ayes: Councilmen Medders, Rogers, Sceales, Strong, Barton,
Bleecker, Christensen
Noes: None
Absent: None
452
Bakersfield, California, March 8, 1976 - Page
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 9:40 P. M.
MAYO~o~field, Calif.
ATTEST:
CITY/CLERK and E~fficio Clerk of the Council
of the City of Bakersfield, California
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