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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