Loading...
HomeMy WebLinkAbout05/17/1976 MINUTES CCBakersfield, California, May 17, 1976 49 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., May 17, 1976. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Reverend Norb Oesch of St. John's Lutheran Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Strong, Barton, Christensen, Medders, Rogers, Sceales Absent: Councilman Bleecker Minutes of the regular meeting of May 10, approved as presented. Scheduled Public Statements. 1976 were Mr. Wesley Moore, Band Director of the Bakersfield High School Driller Band, informed the Council and public that the band has been invited to participate in the tion Parade in Washington, D. C. on July 3, their plans for raising the funds necessary Bicentennial Celebra- 1976, and outlined to make the trip. Mr. Todd Madigan, Chairman of the Kern County Veterans Affairs Council, thanked the Council for supporting Proposition 2 (Cal-Vet Bond Issue), and requested support of Proposition 9 (State Constitutional Amendment or "Bingo" Amendment). Correspondence. Councilman Rogers commented on a letter from U. S. Senator John V. Tunney, dated April 30, 1976, regarding the bilingual assistance provisions of the Voting Rights Act. Assistant City Manager Buell outlined the problems of implementing the bilingual provision of the Voting Rights Act in the City of Bakersfield and also indicated what it has cost, to date, to provide the bilingual material for the upcoming election in June. Bakersfield, California, May 17, 1976 - Page 2 Council Statements. Reappointment of Planning Commission Member. Upon a motion by Councilman Sceales, Mr. Burr Baldwin, 1122 Truxtun Avenue, was reappointed to the Planning Commission for a four year term expiring April 17, 1980. Reports. Councilman Rogers, Chairman of the Water and City Growth Committee, read Report No. 6-76 regarding Annexation Request-- George Nickel, Jr., as follows: At the City Council meeting of March 22, 1976, a request was received from Mr. George Nickel, Jr., to annex a substantial area northeast of Bakersfield to the City. Because of the size of the proposed annexation (about 38 square miles) and the probability that significant policy considerations concerning growth, land use controls, and City services will be involved in reviewing the annexation proposal, the issue was referred to the Water and City Growth Committee for study. This Committee has met several times to discuss the annexation proposal. Based on preliminary analysis the Committee believes that annexation of the area has merit and that in-depth study is warranted before the Council is asked for a decision. Some preliminary findings of the Committee are as follows: Development activity is now occurring within the area proposed for annexation. If such development continues to occur in the unincorporated area, the potential for annexation at some time in the future may not exist. There are continuing proposals for legis- lation to discourage urban development on prime agricultural lands; pending AB-15 is an example. If such legislation is enacted, future development northwest, southwest, and southeast of Bakersfield will become much more difficult. Further, much of the northeast area north of Kern River is productive oilfields, unavail- able for urban growth. The northeast area south of Kern River, the area proposed for annexation, may be the only feasible urban growth area. 3. A preliminary analysis of growth potential, future revenues, and service cost estimates Bakersfield, Cali£ornia, May 17, 1976 - Page 3 indicate that a favorable cost/revenue balance may be anticipated which might benefit all City residents. The in-depth study requested would be a tool for use by the City Council and Planning Commission as a basis for future decisions on the proposed annexation. This study would also be submitted to the Local Agency Formation Commission if the City decides to pursue the annexation. The scope of the study would in- clude the following: Land capability analysis based on topo- graphic soils, geologic, and hydrologic data. o Development of a mid-range land use concept plan based upon such data. Determination of zoning upon annexation would be based upon the land use concept plan. Determination of approaches toward providing City services and improvements to the area including police, fire, streets, water, sewer, drainage, etc. Analysis of cost/revenue relationships related to future development and the provisions of City services. An Environmental Impact Report on the annexation and projected development within the area. The amount of work necessary to accomplish this study will be substantial and cannot be reasonably undertaken by Staff without under- mining the City's ability to deal with the on-going work load. It therefore appears necessary to obtain consultant services to augment Staff for preparation of necessary planning analysis and environmental documents. The Committee proposes to retain Quad Consult- ants to provide these consultant services. Quad Consultants performed very well in preparing the Bakersfield Community Develop- ment Plan and are highly competent in the areas of planning, environmental analysis, and City management--including annexation laws and procedures. It is anticipated that completion of these studies and preparation of draft reports may be undertaken for approximately $17,500. Since the precise scope of work to be under- taken is difficult to define and to respond adequately to the requirements of the Cali- fornia Environmental Quality Act, the contract with Quad Consultants would be on a "time and materials" basis and is expected to be between 60 and 90 days. Bakersfield, California, May 17, 1976 - Page 4 It is therefore the recommendation of Committee that: this 1. the City Council authorize the expenditure of an amount not to exceed $17,500 for this project; 2. $17,500 be transferred from Council Contingency Fund Account No. 11-510-6100 to Development Services Account No. 11-541-4100; and 3. the Mayor be authorized to execute the attached contract with Quad Consultants. Councilman Rogers stated that this was not a report of the entire Water and City Growth Committee as Councilman Barton did not sign the report. Mr. Jack Reagan, Principal Planner, presented a pre- liminary feasibility study and brief projection as to the potential revenues for the City on this annexation proposal. Councilman Barton, member of the Water and City Growth Committee, making a minority report on the Annexation Request of George Nickel, Jr., stated that he is not against annexations or this study being made, but is against forming satellite cities and felt the study should be made by City staff rather than outside consultants. After a lengthy discussion, Rogers, Report No. 6-76 of the Water upon a motion by Councilman and City Growth Committee regarding Annexation Request--George Nickel, Jr., was accepted; authorization granted to expend an amount not to exceed $17,500 for this project; Budget Transfer from Council's Contingency Fund Account No. 11-510-6100 to Development Services Account No. ]1-541-4100 in the amount of $17,500, was approved; and Contract with Quad Consultants for Consulting Services, was approved and the Mayor was authorized to execute same; by the following roll call vote: Ayes: Councilmen Strong, Christensen, Medders, Rogers, Sceales Noes: Councilman Barton Absent: Councilman Bleecker Bakersfield, California, May 17, 1976 - Page 5 53 Councilman Strong, Chairman of the Auditorium-Recreation Committee, read Report No. 3-76 regarding Controlling Use of City Tennis Court Facilities, as follows: On February 2, 1976, Councilman Rogers requested that the staff investigate various ways of controlling the use of tennis court facilities in the City. As a result of this request, the staff conducted a detailed study of this matter and contacted various cities in the state that have adopted programs to control the use of tennis courts. The Council Auditorium-Recreation Committee received and reviewed a report from the staff on May 10. It was indicated that it would cost the City approximately $47,000 annually to hire part-time personnel to act as tennis court monitors in order to control the use of tennis court facilities. As an alternative, the staff has recommended that a trial program be established at Siemon Park which would involve the use of old City parking meters which can be redesigned to serve the purpose of controlling tennis court use. Attached is a list of rules that would be posted at each court explaining how the system would work. The estimated cost to install the system at Siemon Park is $500. Surplus funds are presently available from the park improvements budgeted this year for Siemon Park that have already been completed. The Committee feels that this method of con- trolling the use of tennis courts has a great deal of merit and recommends that the City Council approve the trial program at Siemon Park and authorize the expenditure of $500 for this purpose. Park Superintendent Frank Fabbri, demonstrated the device that would be used to control the use of tennis courts in City parks. Upon a motion by Councilman Strong, Report No. 3-76 of the Auditorium-Recreation Committee regarding Controlling Use o£ City Tennis Court Facilities, was accepted, and trial program at Siemon Park with the expenditure of $500.00 for this purpose, was approved. Councilman Rogers, member of the Governmental Efficiency and Personnel Committee, read Report No.1©-76 regarding Recognition Bakersfield, California, May 17, 1976 - Page 6 of Kern County Employees' Association, S.E.I.U. Local 700, AFL- CIO as Representative of Blue Collar Unit, as follows: The results of the May ll, 1976 election re- garding exclusive recognition of employee organizations are as follows: Blue Collar Unit Kern County Employees' Association, S.E.I.U., Local 700 ............ 92 California Teamsters Public, Pro- fessional and Medical Employees Union, Local 911 ............. 56 No Employee Organization ......... 4 Based on this final count the Governmental Efficiency and Personnel Committee, as the City's designated representative, has granted formal recognition rights to the Kern County Employees' Association, S.E.I.U., Local 700, AFL-CIO to represent employees of this City's Blue Collar Unit. These recognition rights will not be subject to challenge by any other employee organization for a period of not less than twelve (12) months. City Manager Bergen read a report regarding Transfer of Consolidated Waste Removal Refuse Contract to Sani-Tainer, Inc., as follows: Attached is a memorandum from the Director of Public Works with regard to the request of Consolidated Waste Removal to transfer their refuse collection contract in the downtown area to Sani-Tainer, Inc. The City Manager's Office concurs with the Public Works Department recommendation that (1) be- cause of the short duration the present contract should not be transferred prior to the July 31, 1977 expiration date, and (2) that the City does not plan to extend the contract with Consolidated Waste Removal for an additional five years. It is also recommended that the staff be authorized to prepare specifications or pro- pose other arrangements for City Council consideration for providing downtown refuse collection in adequate time prior to the current contract's termination. Mr. Gus Pappas, Attorney for Consolidated Waste Removal Refuse, requested that the Council transfer the contract to Sani- tainer, Inc. immediately rather than waiting until July 31, 1977. Bakersfield, California, May 17, 1976 - Page ? 55 from the Removal Refuse Contract to one week for more detailed Upon a motion by Councilman Rogers, action on report City Manager regarding Transfer of Consolidated Waste Sani-Tainer, Inc., was held over for information from the Public Works Councilman Barton requested that Department. Director explain what is meant by marginal to the City Manager dated May 14, 1976. the Public Works services in his memo downtown refuse collection services that the report include the cost for City crews performing this work as compared to contracting it out to private collectors. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4289 to 4388, inclusive, in the amount of $127,973.07. (b) Claim for Damages from Gregory Alan Roberts, 3403 Squire Lane, Apt. B. (Refer to City Attorney) (c) Notice of Completion and Acceptance of Work for construction of New Police Building - Contract No. 74-109 with Fred S. Macomber. (d) Notice of Completion and Acceptance of Work for construction of Vehicle Service Building, Bakersfield Police Department - Contract No. 75-120 with Fred S. Macomber. (e) Notice of Completion and Acceptance of Work for furnishing and installing Closed Circuit TV, Bakersfield Police Building - Contract No. 75-58 with Metro Audio, Inc. (f) Application for Encroachment Permit from John A. Webster, 2616 - 5th Street. (g) Application for Encroachment Permit from Archie Barefield, 404 "L" Street. (h) Map of Tract No. 3753 and Improvement Agreement for construction of improve- ments therein - located at northwest corner of University Avenue and Camden Street. Works Director prepares or proposes specific arrangements for Councilman Strong requested that at the time the Public Bakersfield, California, May 17, 1976 - Page 8 (c), (d), Calendar, Ayes Noes Absent: (i) (J) (k) (i) Map of Tract No. 3754 and Improvement Agreement for construction of improve- ments therein - located at northwest corner of Christmas Tree Lane and E1 Dorado Street. Map of Tract No. 3782 and Improvement Agreement for construction of improve- ments therein - located near northwest corner of Ming Avenue and Ashe Road. Map of Tract No. 3783 and Improvement Agreement for construction of improve- ments therein - located at northwest corner of Ming Avenue and Ashe Road. Map of Tract No. 3810 and Improvement Agreement for construction of improve- ments therein located at southwest corner of Ming Avenue and Westhome Boulevard. Upon a motion by Councilman Christensen, Items (a), (b), (e), (f), (g), (h), (i), (j), (k) and (1) of the Consent were adopted by the following roll call vote: Councilmen Strong, Barton, Christensen, Medders, Rogers, Sceales None Councilman Bleecker Deferred Business. Adoption of Resolution No. 30-76 of the Council of the City of Bakers- field to allow Bakersfield Police Officers to participate in California Highway Patrol Training. This resolution was deferred from the Council Meeting of May 10, 1976, to allow a representative of the Police Department to be present to answer questions of the Council. Chief of Police Price explained that the financing of this course comes from the California State Police and they are responsible for the protection of the Governor and his staff, State grounds, etc, and this training would give the Police Department the benefit of their expertise in the field of protecting dignitaries. Mrs. Marie Dickinson, 1733 Cypress Circle, addressed the Council regarding the loss of local control of the Police Department by participating in federally funded projects. Bakers£ield, California, May 17, 1976 - Page 9 After discussion, upon a motion by Councilman Strong, Resolution No. 30-76 of the Council of the City of Bakersfield to allow Bakersfield Police Of£icers to participate in California Highway Patrol Training, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Strong, Barton, Christensen, Medders, Sceales Councilman Rogers Councilman Bleecker Deferral of an Ordinance of the Council of the City of Bakersfield repealing specified Sections of Title 17, and adding Chapter 17.54 to Title 17 of the Municipal Code, concerning the regulation of Signs within the City of Bakersfield. Mr. David Cartnel, Architect and Chairman of the Special Advisory Committee to the Council on the Sign Ordinance, commented on some of the questions that were asked at last week's Council Meeting and submitted changes on pages 12, 14 & 49 of the proposed Sign Ordinance. Mr. Cartnel also pointed out that most of the decisions made by the Advisory Committee were not unanimous and the results of those decisions were included in the report made to the Water and City Growth Committee. Mr. Wayne McNamee, Co-owner and a member of the Citizens Advisory Ordinance, questioned the accuracy of by the Advisory Committee to the Water and City Growth Committee, commented on a survey on signs he made in various parts of the City that do not conform with the proposed Sign Ordinance and also stated that he is not opposed to a Sign Ordinance that is beneficial to the City and sign industry. Councilman Christensen requested Mr. McNamee to file a detailed minority report of the Citizens Advisory Committee or his recommendations on the Sign Ordinance and submit it to the Council for their perusal. o£ Center Neon Company, Inc., Committee on the Sign the report that was submitted Bakersfield, California, May 17, 1976 - Page Councilman Rogers stated that he has a copy of the Citizens Advisory Committee's voting tabulation on each section of the Sign Ordinance and copies of their minutes of each meeting which were attached to the Advisory Committee's report and he will £urnish each Councilman with a copy. After a very lengthy discussion, Councilman Strong made a motion that action on an Ordinance of the Council of the City of Bakersfield repealing specified Sections of Title 17, and adding Chapter 17.54 to Title 17 of the Municipal Code, concerning the regulation of Signs within the City of Bakersfield, be deferred until May 24, 1976 and anyone wishing to address the Council on this matter be instructed to contact the City Clerk's office, during the next week, and request to be placed on the agenda. Mr. Jim Smith, representing Cleveland Outdoor Advertising, stated that he has a document from the Outdoor Advertising Assoc. of America, Official Statement for the Department of Housing and Urban Development's Urban Signage Forum which he would like to reproduce and furnish to the Council and also that he is in favor of a tough Sign Ordinance that is policed to make a better City. (Mayor Hart declared a brief recess at this time.) Councilman Strong's motion that action on an Ordinance of the Council of the City of Bakersfield repealing specified Sections of Title 17, and adding Chapter 17.54 to Title 17 of the Municipal Code, concerning the regulation of Signs within the City o£ Bakersfield, be deferred until May 24, 1976 and anyone wishing to address the Council on this matter be instructed to contact the City Clerk's office,during the next week, and request to be placed on the agenda, was approved. Councilman Rogers voted in the negative on this motion. Councilman Rogers clarified his negative vote by stating that he felt the persons present at the Council Meeting should be heard tonight. Bakersfield, California, May 17, 1976 - Page ll 59 New Business. Adoption of Resolution No. 31-76 fixing the time of Meetings of the Council of the City of Bakersfield during the months of June, July and August, 1976. Upon a motion by Councilman Strong, Resolution No. 31-76 fixing the time of Meetings of the Council of the City of Bakers- field during the months of June, July and August, 1976, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Rogers, Sceales Noes: None Absent: Councilman Bleecker Approval of Agreement between the City of Bakersfield and Southern Pacific Transportation Company. Upon a motion by Councilman Medders, Agreement between the City of Bakersfield and Southern Pacific Transportation Company for widening of crossing and upgrading the crossing protection at the intersection of "Q" Street with the Southern Pacific Railroad, P.U.C. Crossing No. B-311.8, was approved and the Mayor was authorized to execute same. Approval of Minute Order setting June 7, 1976 as the date for hearing an Appeal by Samuel C. Barnes to decision of Board of Zoning Adjust- ment. On May ll 1976, the Board of Zoning Adjustment denied Dr. Barnes' application for modification of a C-O-D (Commercial and Professional Office - Architectural Design) Zone to allow the reduction of the required off-street parking from 28 to 21 spaces and to waive the required 5 foot front yard setback for a proposed medical office on that certain property commonly known as 2229 - 19th Street. On May 12, 1976, Dr. Barnes filed an appeal in the City Clerk's Office and in accordance with Section 17.60.110 (A) of the Municipal Code, the City Council shall set date for hearing of appeals to the decision of the Board of Zoning Adjustment. Bakersfield, California, May 17, 1976 - Page 12 Upon a motion by Councilman Rogers, Minute Order setting June 7, 1976 as the date for hearing an Appeal by Samuel C. Barnes to decision of the Board of Zoning Adjustment, was approved. Approval of Minute Order changing the established policy on charges for transcripts of Council Meetings provided by the City Clerk. On September 19, 1966 the City Council adopted a Minute Order establishing charges for transcripts of Council Meetings. The existing Minute Order provides for a charge of $5.00 per hour for both making transcriptions and playback of tape recordings. Costs have escalated over the past ten years and in order to recover costs it is necessary for the City to levy a charge of $5.00 per page for transcriptions and $7.50 per hour for playback of tape recordings. Upon a motion by Councilman Sceales, the following Minute Order changing the established policy on charges for tran- scripts of Council Meetings provided by the City Clerk, was adopted: 1. 2. 3. Transcriptions to be made at a cost of $5.00 per page. Playback of tape recordings - $7.50 per hour, or any portion thereof. Request for transcripts to be made subject to workload of City Clerk and must be accomplished by a deposit, based on length of transcript. Transcripts to be furnished to the Mayor and City Council on request. Copies of all transcripts made will be furnished to the Mayor and City Council. Approval of Contract with Musicians' Union Local 263 for Seven Band Concerts in Beale Park. Upon a motion by Councilman Strong, Contract with Musicians' Union Local 263 for seven Band Concerts to be held in Beale Park commencing June 13, 1976 and extending through July 25, 1976, was approved and the Mayor was authorized to execute same. Bakersfield, California, May 17, 1976 - Page 13 Adoption of Resolution No. 32-76 of the Council of the City of Bakers- field fixing time, date and place for hearing Report of Building Official specifying work done, cost of work and description of property upon which Dangerous Buildings have been demolished and hearing any protests or objections thereto. Upon a motion by Councilman Medders, Resolution No. 32-76 of the Council of the City of Bakersfield fixing June 28, 1976, as date, time and place for hearing Report of Building Official specifying work done, cost of work and description of property upon which Dangerous Buildings have been demolished and hearing any protests or objections thereto, roll call vote: Ayes Councilmen Strong, Barton, Sceales Noes Absent: was adopted by the following Christensen, Medders, Rogers, None Councilman Bleecker Hearings. This is the time set for public hearing on application of KBIS Radio to amend the zoning boundaries from an R-1 (One Family Dwelling) Zone to an R-3 (Limited Multiple Family Dwelling), or more restrictive, Zone, affecting that certain property in the City of Bakersfield located on the southwest corner of Panorama Drive and Columbus Street. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. Subject property, triangular in shape and containing 7,133 square feet, has no street frontage and will be a portion of an existing corner parcel zoned R-3-D. The maximum density which could be obtained by adding this small parcel to the existing R-3-D would be 25 units. The Planning Commission was of the opinion the requested zoning would be consistent with the Land Use Element of the General Bakersfield, California, May 17, 1976 - Page Plan and recommended approval, with the further recommendation that the "D" Design Overlay be added to assure compatible develop- ment with the surrounding properties. Mayor Hart declared the hearing open for public partici- pation. Mr. Wayne Hollingsworth of Hollingsworth Realty, representing the applicant, was present to answer questions of the Council. 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. 2277 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 on the south- west corner of Panorama Drive and Columbus Street, with the application of the "D" Design Overlay to assure compatible develop- ment and finding that the proposed zoning is consistent with the General Plan, was adopted by the following roll ca~l vote: Ayes Councilmen Strong, Barton, Christensen, Medders, Rogers, Sceales Noes None Absent: Councilman Bleecker This is the time set for public hearing on application of Richard H. Hixson to amend the zoning boundaries from an R-1 (One Family Dwelling) Zone to an R-3-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive, Zone, affecting those certain properties in the City of Bakersfield commonly known as 2103, 2107, 2113 and 2117 Castro Lane. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. Subject property is a parcel of land 234 feet by 300 feet and contains 1.62 acres. The maximum density that could be obtained with the requested zoning would be 56 dwelling units. Bakersfield, California, May 17, 1976 - Page 15 The proposed zoning would be consistent with the Land Use Element of the Bakersfield General Plan. The Planning Commission recommended approval o£ this zone change from R-1 to R-3-D and found it would be compatible with the zoning and development of adjacent properties. Mayor Hart declared the hearing open for public partici- pation. Mr. Richard H. Hixson, the applicant, was present to answer questions o£ the Council. No protests or objections being received the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Barton, Ordinance No. 2278 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 2103, 2107, 2113 and 2117 Castro Lane and finding that said zone change would not have a substantial adverse impact on the environment and is consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Rogers, Sceales Noes: None Absent: Councilman Bleecker This is the time set for public hearing on an Appeal by Alvina Lopez to the decision of the Board of Zoning Adjustment denying her application requesting a modification of an R-1 (One Family Dwelling) Zone to permit the waiving of the two required off-street parking spaces to allow conversion of garage to living area on that certain property commonly known as 2405 Christopher Court. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. The applicant started to convert the double-car garage without a building permit and the Building Department placed a 64 Bakersfield, California, May 17, 1976 - Page 16 Stop Order on the project. The Board of Zoning Adjustment could not find any justification for the granting of this modification to allow the garage conversion to living area unless the appli- cant provides the required off-street parking. Mayor Hart declared the hearing open for public partici- pation. Mrs. A~vina Lopez, the applicant, stated she bought the home because the garage was partially finished and she was intending to turn it into a much needed combination family and fourth bedroom. Mr. the driveway house. room Ralph Nuanez, the applicant's brother, stated that is large enough to park three cars in front of the City Attorney Roagland stated that the ordinance states that enclosed off-street parking must be provided. No protests or objections being received, the public portion of the hearing was closed for Counci~ deliberation and action. Upon a motion by Councilman Rogers, hearing on an Appeal by Alvina Lopez to the decision of the Board of Zoning Adjustment denying her application requesting a modification of an R-1 (One Family Dwelling) Zone to permit the waiving of the two required off-street parking spaces to allow conversion of garage to living area on that certain property commonly known as 2405 Christopher Court, was continued for one week and is to be placed at the beginning of the Agenda for the Council Meeting of May 24, 1976. Recess. Mayor Hart recessed the Council Meet~g at ll:40 P.M. until Wednesday, May 19, ~y MAYOR of the City of Bakersfield, Calif. ATTEST: ~ ~T~ e~cEiR!ya~ ~~~d~l~i~r~ C°uncil ma