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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 ma