HomeMy WebLinkAbout03/15/1976 MINUTES CCBakersfield, California, March 15, 1976
Minutes of a regular meeting of the Council of the City
of Bakersfield, Cali£ornia, held in the Council Chambers of City
Hall at 8:00 P.M., March 15, 1976.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Mr. Howard O.
Campbell, General Executive of the Y.M.C.A. of Kern County.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Rogers, Sceales, Strong, Barton,
Bleecker, Christensen, Medders
Absent: None
Minutes of the regular meeting of March 8, 1976 were
approved as presented.
Scheduled Public Statements.
Mr. Roy Ice, 600 Sterling Road, addressed the Council
regarding the closure of the Panorama Drive access road to the
Sanitary Landfill and requested that the Council reopen this as an
exit only. Councilman Rogers presented a chronology of events
regarding this matter and stated that operation of the Sanitary
Landfill is under the jurisdiction of the County o[ Kern, and any
recommended change should initiate with the Kern County Board of
Supervisors.
Mrs. Martin Iribarren, l104 Oregon Street, representing
herself, her husband and the Basque gardeners present at this
meeting, addressed the Council regarding the opening of the Panorama
Drive access road to the Sanitary Landfill. In addition, Mrs.
Iribarren suggested that the City of Bakersfield rent the old Police
Building, when vacated, instead of demolishing it and converting
the use of the property to parking. Mayor Hart stated tha~ the
costs involved in restructuring the building to make it sa£e for
continued occupancy would be greater than what it would cost fo
build a new building and that the decision to demolish the building
was made after a great deal of thought and consideration of a
number of factors.
Bakersfield, California, March ]5, 1976 - Page 2
Board, was referred
recommendation.
Councilman Rogers recognized Supervisor Gene Young,
representing the Third District to the Board of Supervisors of the
CDunty of Kern. Supervisor Young addressed the Council regarding
the Panorama Drive access road to the Sanitary Landfill, stated
that the County Board of Supervisors will be proposing a modifi-
cation after study of the costs and suggested that the Council
would be hearing further from the County of Kern regarding this
matter in approximately two weeks.
Councilman Rogers commented that when the recommendation
is received from the Board of Supervisors that the communication
be referred to the Intergovernmental Relations Committee.
Councilman Barton questioned Supervisor Young regarding
feasibility studies on recycling. Supervisor Young indicated that
he is conducting such a study throughout the San Joaquin Valley'.
Correspondence.
Upon a motion by Councilman Bleecker, communication from
the Greater Bakersfield Chamber of Commerce regarding new source
rules for air quality as set down by the California Air Resources
to the Legislative Committee for report and
Reports.
Councilman Bleecker, Chairman of the Governmental
Efficiency and Personnel Committee, read Report No. 4-76 regarding
Fair Employment Program, as follows:
During the past year the Governmental Efficiency
and Personnel Committee has been working with
the staff in an attempt to develop a written
fair employment program. This committee has
reviewed all of the City's present personnel
practices regarding recruitment, testing and
placement of employees, and we are generally
satisfied with the results. However, in an
attempt to more fully safeguard against employ-
ment discrimination and to update this City's
personnel system, we are recommending the
following for Council approval:
l. Adoption of a fair employment program and
resolution;
Bakersfield, Cali£ornia, March 15, 1976 - Page 3
Approval of two new positions within the
Personnel Division - one Personnel Coordina-
tor at a salary range of $1294 to $1576
per month, and one Clerk Stenographer II
at a salary range of $593 to $723 per month;
Reclassification of two Personnel Technicians
to Personnel Coordinators to be placed
within the Management Unit.
The increase in total compensation costs on an
annual basis for these positions will be approxi-
mately $39,000; however, since the new positions
will not be filled until May, the cost for the
remainder of this fiscal year will be $7,000.
In order to implement these items, the Govern-
mental Efficiency and Personnel Committee is
recommending Council approval of the attached
changes in the salary resolution and authoriza-
tion to transfer the necessary funds from the
Counci]'s contingency fund, approval of the
attached Personnel Coordinator job specifica-
tions, and approval of the attached fair
employment program and resolution.
Upon a motion by Councilman Bleecker, Report No. 4-76 of
the Governmental Efficiency and Personnel Committee regarding Fair
Employment Program, was accepted.
Adoption of Resolution No. 17-76 of
the Council of the City of Bakers-
field amending Resolution No. 42-75,
setting salaries and related benefits
for officers and employees of the
City of Bakersfield.
Upon a motion by Councilman Bleecker, Resolution No. 17-76
of the Council of the City of Bakersfield amending Resolution No.
42-75, setting salaries and related benefits for officers and
employees of the City of Bakersfield, was adopted by the following
roll call vote:
Ayes:
Councilmen Rogers, Sceales, Strong, Barton, Bleecker,
Christensen, Medders
Noes: None
Absent: None
Upon a motion by Councilman Bleecker, Budget Transfer
£rom the Council's Contingency Fund Account No. 11-510-6100 to
the Regular Salary Account No. ll-521-0100, in the amount of
$7,000.00 to provide for the increase in total compensation costs
for the remainder of the 1975-76 Fiscal Year for the new
Bakersfield, California, March 15, 1976 - Page 4
classification of Personnel Coordinator, reclassification of
two Personnel Technicians to Personnel Coordinators, and one new
position of Clerk Steno II, was approved.
Upon a motion by Councilman Bleecker, the Personnel
Coordinator job specifications were approved as presented.
Adoption of Resolution No. 18-76 of
the Council of the City of Bakers-
field adopting a Fair Employment
Program.
After discussion, upon a motion by Councilman Bleecker,
Resolution No. 18-76 of the Council of the City of Bakersfield
adopting a Fair Employment Program, was adopted by the following
roll call vote:
Ayes:
Councilmen Rogers, Sceales, Strong, Barton, Bleecker,
Christensen
Noes: Councilman Medders
Absent: None
Councilman Medders commented as to the length of the
Fair Employment Program document.
Councilman Rogers, member of the Legislative Committee,
read Legislative Report No. 4-76 regarding Assembly Bill 3000
regarding disciplinary action against Peace Officers, as follows:
Assembly Bill 3000 would take over the functions
of the civil service boards in disciplinary
actions against peace officers. The act provides,
among other things, that no officer may be
disciplined in any way without written charges
being filed. Furthermore, no suspension, no
matter how short, may be made until a hearing
is held unless under emergency circumstances
where the presence of an officer constitutes
a danger to himself or another employee.
The suspended officer may designate an appointee
to a hearing board and the public agency
designates a representative to such board.
The two designated board members then attempt
to appoint a third members, and if they cannot
agree, the State Conciliation Service furnishes
names from which the third member may be
appointed. A hearing is held and a full tran-
script furnishd to the officer on request.
All suspensions are with pay until a final
determination is made.
The act attempts to exclude those local agencies
which have civil service commissions, but in-
herent in the act is that the civi~ service
commissions must enact regulations similar to
those contained in Assembly Bill 3000.
Bakers£ield, California, March 15, 1976 - Page 5
457
Disciplinary measures under the provisions of
Assembly Bill 3000 would become inordinately
expensive, and in practicality would jeopardize
any authority the Chief of Police may have in
disciplinary matters.
Last year the Governor vetoed such a bill.
is recommended that Assembly Bill 3000 be
opposed for usurpation of local control and
undermining administrative authority.
It
After discussion, upon a motion by Councilman Rogers,
Legislative Report No. 4-76 regarding Assembly Bill 3000 regarding
disciplinary action against Peace Officers, was accepted, and the
Mayor was requested to prepare the necessary co~nunications to
Assemblyman William M. Thomas, Assemblyman Peter Chacon, and
Senator Walter W. Stiern, expressing the Council's opposition, by
the following roll call vote:
Ayes: Councilmen Rogers, Seeales, Bleecker, Medders
Noes: Councilmen Strong, Barton, Christensen
Absent: None
City Manager Bergen read a report regarding train block-
age of grade crossing areas in downtown Bakersfield, as follows:
At the City Council meeting of March 8, 1976,
Councilman Barton asked the staf~ to investi-
gate and report back as to why a Santa Fe
freight train was blocking the grade crossings
in the downtown areas between approximately
2:35 p.m. and 3:07 p.m. on Saturday, March 6.
The City staff contacted the train master for
the railroad and was informed that the freight
train was an unusally long one of 6,000 feet
in length. The delay on the tracks was caused
by the disconnection of an air hose between
two cars which brought the train to a complete
halt. The freight cars where the air hose came
apart were twenty-seven cars back from the
engine. A total of approximately one-half hour
elapsed before the air hose could be repaired
and the air brake system put back into operation.
The train master indicated he wished to apologize
to the City for this inconvenience.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3450 to 3520,
inclusive, in the amount of $77,737.56.
Bakersfield, California, March 15, 1976 - Page 6
(b)
Claim for Personal Injuries and Property
Damage from Thomas Daniel Sparks, 5000
Belle Terrace, Apt. 184. (Refer to City
Attorney)
(c)
Street Right-of-Way Deed from Warren F.
Beck, Jane Beck and Warren Brock for an
additional 25.00 feet along the south
half of Planz Road east o~ Raider Drive.
(d)
Grant of Easement for sewer line purposes
from Arthur W. Adams, Jerraldine A. Adams,
C. Thomas Cameron and Charlene Gay
Cameron for placement of a 6" sewer along
the north side of Planz Road, east of
Akers Road.
(e)
Alley Right-of-Way Easement from Joseph L.
Mooney and Kern Investment Corporation
for access from E. 21st Street to the
alley south of E. 21st Street.
(f)
Map of Tract No. 3774 and Contract and
Specifications for improvements therein
located north of Ming Avenue and east of
Ashe Road.
Request from William R. Smith for annexa-
tion of property located on the north side
of Stockdale Highway wast of Park Stockdale
Estates. (Refer to Planning Commission
for study and recommendation)
(h)
Request from Samuel Rudnick for annexation
of property located on the northwest
corner of Panama Lane and South "H"
Street. (Refer to Planning Commission
for study and recommendation)
(i)
Request from Harold A. Burns, 4008 Harris
Road, to connect to City Sewer. (Refer
to Planning Commission for recommendation)
Upon a motion by Councilman Christensen, Items (a), (b),
(c), (d), (e), (f), (g), (h) and (i) of the Consent Calendar, were
adopted by the following roll call vote:
Ayes
Councilmen Rogers, Sceales, Strong, Barton, Bleecker,
Christensen, Medders
Noes None
Absent: None
Action on Bids.
Upon a motion by Councilman Medders, low bid of Kern
Rock Co. for Annual Contract for Select Road Materials, was
accepted, all other bids rejected and the Mayor was authorized
to execute the contract.
Upon a motion by Councilman Sceales, low complete bid
of Century Battery Co. for Annual Contract for Automotive Batteries,
was accepted, all other bids rejected and the Mayor was authorized
to execute the contract.
Bakersfield, Caifornia, March 15, 1976 - Page 7
Deferred Business.
Adoption of Resolution No. 19-76 of
the Council of the City of Bakers-
field Revising the Rate Schedule of
Sewer Charges in the Broadview
Sanitation Area.
Upon a motion by Councilman Medders, Resolution No. 19-76
of the Council of the City of Bakersfield Revising the Rate Schedule
of Sewer Charges in the Broadview Sanitation Area, was adopted by
the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Bleecker,
Christensen, Medders
Noes: None
Absent: None
After considerable discussion relative to the description
of proposed Charter Amendments, Measures B and C, as they are to
appear on the ballot, Councilman Rogers' motion that the two
Resolutions concerning the Special Municipal Election be deferred
until after the hearings portion of the meeting in order to allow
City Attorney Hoagland and Assistant City Manager Buell time to
rewrite a more definitive description of the measures, was approved.
New Business.
Upon a motion by Councilman Rogers,
Northeast Park Site (Eissler School location)
the relocation of
approximately 1,000
feet to the north and authorization for the appraisal
for an equitable exchange, was approved.
Agreement
of property
Approval of Cooperative Agreement
between the City of Bakersfield
and County of Kern.
Upon a motion by Councilman Sceales, the Cooperative
between the City of Bakersfield and County of Kern
providing the terms
of a storm drain in
feet north of Planz
to execute same.
and conditions for each agency for construction
Real Road between Planz Road and a point 350
Road, was approved and the Mayor was authorized
Bakersfield, California, March 15, 5976 - Page 8
Hearings.
This is the time set for public hearing on application
by William R. York to amend the Zoning Boundaries from an R-2-D
(Limited Multiple Family Dwelling - Architectural Design) Zone to
a C-1-D (Limited Commercial - Architectrual Design), or more
restrictive, Zone and from an R-1 (One Family Dwelling) Zone to
an R-2 (Limited Multiple Family Dwelling), or more restrictive,
Zone, of those certain properties located northwesterly of the
intersection of Wible Road and White Lane. (Negative Declaration
on file)
This hearing has been duly advertised, the property posted
and the property owners have been notified as required by law.
The parcel proposed for C-1-D zoning would be a 100-
foot westerly extension of an existing C-1-D zone which abuts
Wible Road. This narrow parcel would be used to expand an
existing business on Wible Road.
The parcel proposed for R-2 has a 216-foot frontage on
White Lane and is a portion of a larger parcel which extends
northerly and proposed for single family development. Subject
parcel was felt suitable for apartments since it is adjacent to a
major arterial. Property adjacent on
developed with apartments.
The Planning Commission was
C-1-D zoning and R-2 zoning would not
White Lane on the west is
of the opinion the proposed
have a significant adverse
cumulative effect on the environment and would not be in conflict
with the Land Use Element of the General Plan. However, the
Commission recommended the "D" Design Overlay be applied to the
R-2 zoning to assure a compatible development with the adjacent
R-1 property.
Vice-Mayor Bleecker declared the hearing open for public
participation. The applicant, Mr. William R. York, appeared
before the Council, presented reasoning for the proposed zone
change, and answered questions of the Council. No protests or
objections being received, the public portion of the hearing was
Bakersfield, California, March 15, 1976 - Page 9
closed for Council deliberation and action.
Upon a motion by Councilman Sceales, Ordinance No. 2266
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 White Lane, finding that said
zoning would not have a substantial adverse impact on the environ-
ment and that it is consistent with the General Plan, was adopted
by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, B~eecker,
Christensen, Medders
Noes: None
Absent: None
This is the time set for public hearing on application
by Russell J. O'Grady to amend the Zoning Boundaries from an
(One Family Dwelling) Zone to an R-2-D Limited Multiple Family
Dwelling - Architectural Design), or more restrictive, Zone, of
that certain property in the City of Bakersfield located northerly
of Eric Way and lying easterly of Mr. Vernon Avenue. (Negative
Declaration on file)
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
Subject parcel contains three acres of land which could
be developed with 56 apartment units under the requested R-2-D
zoning. The developers propose to lower the existing grade so the
roofs of the proposed two-story apartment units would be the same
height as that of the single family dwellings to the north and
east. Property to the south is zoned and developed with an
apartment complex.
Several property owners o£ R-1 dwellings appeared at
the Planning Commission hearing in opposition; a petition signed
by approximately 28 owners of single family dwellings in the area,
was submitted in which they signified opposition.
Bakersfield, California, March 15, 1976 - Page l0
The Planning Cornmission is of the opinion that the
requested rezoning of this parcel would not be in conflict with
the objectives, goals and policies of the General Plan.
Mayor Hart declared the hearing open for public partici-
pation. Mr. George Lusich, a Civil Engineer, appeared representing
Mr. Russell J. O'Grady, the applicant. Mr. Lusich explained the
concept of the zone change and answered questions of the Council.
Mr. John Mueller, Staff Architect with the firm of Lusich and
Smith and Associates, also answered questions of the Council.
Mr. Bob Crabtree, acting as an observer for the Church
of Christ Scientist, asked a question regarding the grading of
the property.
No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
After discussion, upon a motion by Councilman Rogers,
Ordinance No. 2267 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 lying
easterly of Mount Vernon Avenue, finding that said zoning to R-2-D
would 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 Rogers, Sceales, Strong, Barton, Bleecker,
Christensen, Medders
Noes: None
Absent: None
This is the time set for public hearing on application
by the Ming Avenue Christian Church to amend the Zoning Boundaries
from an R-1-CH (One Family Dwelling - Church) Zone to a C-O-D
(Commercial and Professional Office - Architectural Design), or
more restrictive, Zone, of
Bakersfield commonly known
Declaration on file)
that certain property
as 4821 Ming Avenue.
in the City of
(Negative
Bakersfield, California, March 15, 1976 - Page ll
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law. Two written protests have been received by the City Clerk's
Office.
Subject parcels are located on the northeast corner of
an existing church complex and are proposed to be used with an
adjacent commercially-zoned parcel for a restaurant.
The Planning Commission is of the opinion that the
requested zoning would not be in conflict with the objectives,
goals and policies of the General Plan.
Mayor Hart declared the hearing open for public partici-
pation. Mr. Layton Powers appeared before the Council representing
Ming Avenue Christian Church and Mr. Ed Fernandez with Burger King,
presented a description of the intended use of the property affected
by the proposed zone change and answered questions of the Council.
Two written protests having been received, the public
portion of the hearing was closed for Council deliberation and
action.
After discussion, upon a motion by Councilman Sceales,
Ordinance No. 2268 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 commonly
known as 4821 Ming Avenue, finding that said zoning would not have
a substantial adverse impact on the environment and that it is
consistent with the General
roll call vote:
Councilmen Rogers,
Christensen,
Ayes
Noes
Absent:
None
None
Plan, was adopted by the following
Sceales, Strong, Barton, Bleecker,
Medders
City Attorney,
Deferred Business
(Continued)
Assistant City Manager Buell,in consultation with the
presented the following phraseology for Measures
4(;4
Bakersfield, California, March 15, 1976 - Page 12
"B" and
"C", as they would appear on the ballot, for approval:
Measure "B"
Shall Section 67 of the Charter of the City of
Bakersfield be amended to provide for a General
Election for Councilmen to be held on the first
Tuesday after the first Monday in March of each
odd-numbered year commencing in 19777 Such
General Election will coincide with the various
School Board Elections and the single candidate
receiving the highest number of votes being
declared the winner without runoff.
Measure "C"
Shall Section 67 of the Charter of the City of
Bakersfield be amended to provide for a
Nominating Election for Councilmen to be held
on the first Tuesday after the first Monday in
March and a General Election for Councilmen to
be held on the last Tuesday in May, of each
odd-numbered year commencing in 19777 Such
Nominating Election will coincide with the
various School Board Elections and the General
(Runoff) Election may or may not coincide with
any other scheduled election.
After discussion, upon a motion by Councilman Medders,
was approved,
the phraseology as presented,
call vote:
Ayes
by the following roll
Councilmen Rogers, Sceales, Strong,
Christensen, Medders
None
None
Barton, Bleecker,
Noes
Absent~
Adoption o£ Resolution No. 20-76 of
the Council of the City of Bakers-
field calling a Special Municipal
Election for Tuesday, June 8, 1976,
for the purpose of submitting to the
Electors of the City certain amend-
ments to the Charter of the City of
Bakersfield.
Upon a motion by Councilman Bleecker,
20-76 of the Council of the City of Bakersfield
Resolution No.
calling a Special
Municipal Election for Tuesday, June 8, 1976, for the purpose of
submitting to the Electors of the City certain amendments to the
Charter of the City
roll call vote:
Ayes: Councilmen
Noes: None
Absent: None
of Bakersfield, was adopted by the following
Rogers, Sceales, Strong, Barton, Bleecker,
Christensen, Medders
Bakersfield, California, March 15, 1976 - Page 13
Adoption of Resolution No. 21-76 of
the Council of the City of Bakers-
field requesting the Board of Super-
visors of the County of Kern to order
the Consolidation of a Special Muni-
cipal Election submitting to the
Electors of the C~ty certain proposed
revisions to the City Charter with
the State of California Direct Primary
Election and Presidential Primary
Election to be held on Tuesday, June
8, 1976, setting £orth the exact form
of the measures to be voted upon at
such Election as the same are to
appear on the ballot and providing
for the Consolidation of such Charter
Revision Election with the Mayoralty
Election and the Election submitting
to Referendum an Ordinance changing
the salary of members of the Council.
Upon a motion by Councilman Medders, Resolution No. 21-76
of the Council of the City of Bakersfield requesting the Board of
Supervisors of the County of Kern to order the Consolidation of a
Special Municipal Election submitting to the Electors of the City
certain proposed revisions to the City Charter with the State of
California Direct Primary Election and Presidential Primary Election
to be held on Tuesday, June 8, 1976, setting forth the exact form
of the measures to be voted upon at such election as the same are
to appear on the ballot and providing for the consolidation of
such Charter Revision Election with the Mayoralty Election and the
election submitting to Referendum an Ordinance changing the salary
of members of the Council, was adopted by the following roll call
vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Bleecker,
Christensen, Medders
Noes: None
Absent: None
Bakersfield, California, March 15, 1976 - Page 14
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 10:lO P. M.
MAYO~of the City of Bakersfield, Calif.
ATTEST:
CITY CLEriC/and Ex-Offi~o Clerk of the Council
of the Oity of BakersfiJeld, California
po