HomeMy WebLinkAbout05/24/1976 MINUTES CCBakersfield, California, May 24, 1976
Present:
Absent:
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 24, 1976.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Reverend Bill East
of the Kern County Southern Baptist Association.
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Barton, Bleecker, Christensen,
Medders, Rogers, Sceales, Strong
None
Minutes of the regular meeting of May 17,
1976 and
recessed meeting of May 19, 1976 were approved as presented.
Scheduled Public Statements.
Miss Tracy Swackhamer, student of Horizon High School,
and Ms. Kim Logan, teacher at Horizon High School, invited the Mayor
and Council to attend the school's second Open House, Wednesday,
May 26, 1976, from 7:00 p.m. to 9:00 p.m.
The following individuals addressed the Council regarding
Proposition 15, the Nuclear Initiative, on the ballot for the
June 8, 1976 election:
Mr. Keith Porter, 3500 Christmas Tree Lane,
requesting the Council not to take a stand in
favor or in opposition to Proposition 15
Dr. Robert Richmond, 2300 Truxtun Avenue,
supporting Proposition 15
Mr. Tom Schroeter, 608½ Woodrow Avenue, speaking
against any Resolution to oppose Proposition 15
Mr. John Ludeke, 2632 Century Drive, teacher at
Bakersfield College and Chairman of the local
Chapter of the Sierra Club, requesting that
the Council not take a stand on Proposition 15
Dr. Tom Larwood, 2417 G Street, supporting
Proposition 15
Mr. Horace Massey, Co-Chairman, Committee
Against Proposition 15
Mr. Bill Park, 10508 Palm Avenue, Co-Chairman,
Committee Against Proposition 15, who submitted
a suggested Resolution expressing opposition to
the Nuclear Initiative
Bakersfield, California, May 24, 1976 - Page 2
67
Mr. Hal Rogers, representing the General Electric
Company, Activities Chairman, No on 15 Committee
in Santa Cruz.
Upon a motion by Councilman Strong, communication from
Kern County Water Agency, 4114 Arrow Street, regarding Kern County
Water Agency Resolution No. 14-76, Opposition to Proposed Nuclear
Power Plan Legislation - AB 2820, AB 2821 and AB 2822 and
Proposition 15, and communication from Bakersfield and Kern County
Builders' Exchange, 711 - 24th Street, declaring opposition to the
Nuclear Initiative, were received and placed on file.
Adoption of Resolution No. 33-76 of
the Council of the City of Bakersfield
Expressing Opposition to the Nuclear
Initiative.
Councilman Strong made a motion that the Council go on
record in opposition to Proposition 15, the Nuclear Initiative,
and that copies of the Resolution be sent to county, state and
national officials.
Councilman Christensen indicated that although he supports
nuclear power, he could not support opposition to Proposition 15.
After a lengthy discussion, the motion by Councilman
Strong that the Council go on record in opposition to Proposition
15, the Nuclear Initiative, and that copies of Resolution No. 33-76
of the Council of the City of Bakersfield Expressing Opposition to
the Nuclear Initiative be sent to county, state and national officials,
was adopted by the following roll call vote:
Ayes: Councilmen Barton, Bleecker, Medders, Rogers, Sceales,
Strong
Noes: Councilman Christensen
Absent: None
Mayor Hart declared a brief recess at 9:05 p.m. and
reconvened the meeting at 9:10 p.m.
Correspondence.
Upon a motion by Councilman Medders, communication from
Miscellaneous Departments Civil Service Commission requesting
Bakersfield, California, May 24, 1976 - Page 3
Charter Amendment regarding probationary period for entry level
positions for Miscellaneous Department employees, was referred to
the Governmental Efficiency and Personnel Committee.
Council Statements.
Councilman Barton made a statement regarding the
procedures for conducting City Council Meetings in respect to
citizen participation before the Council. At Councilman Barton's
request, Mayor Hart reviewed the procedure for making public
statements.
Reports.
Councilman Medders, Chairman of the Budget Review and
Finance Committee, read Report No. 7-76 regarding Auditing of City
Financial Records for 1975-76, as follows:
On May 3, 1976, the City Council referred a letter
from Elmer Fox, Westheimer and Co. regarding a
proposal for the auditing of the City's financial
records for 1975-76 to the Budget Review and
Finance Committee for their recommendation.
The firm proposes to audit all city records with
the exception of revenue-sharing funds for a fee
not to exceed $11,000. This represents no
increase over last year's charge. The maximum
charge for auditing the revenue-sharing funds will
not exceed $1,600 and will be paid from this fund.
This charge is $400 more than last year due to
more city projects being financed through this
source of funds.
The firm has done an excellent job of auditing
the City's financial records over the last twelve
years. Under the company's policy, the annual
audit is conducted by both individuals who have
been involved in previous years and new people in
order to allow for a fresh approach.
The Budget Review and Finance Committee feels that
the proposed fees are reasonable and recommends
that the firm of Elmer Fox, Westhelmet and Co. be
retained to audit the city financial records for
the 1975-76 fiscal year.
Upon a motion by Councilman Medders, Report No. 7-76 of
the Budget Review and Finance Committee regarding Auditing of City
Financial Records for 1975-76 with the recommendation that the
firm of Elmer Fox, Westheimer and Co. be retained to audit the
City financial records for the 1975-76 fiscal year, was accepted.
Bakersfield, California, May 24, 1976 - Page 4
69
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 3-76 regarding Formation of
a Parking Authority, as follows:
In view of pressing parking problems which now
exist, and may exist in the future in several
areas of our City, the Committee makes the
following recommendations:
The City Council adopt a resolution which would
formally declare ourselves as the Parking
Authority. Although the Charter names the City
Council as the Parking Authority, the formal-
izing resolution will be the authorization
from which financing methods can be developed.
The City Council identify and assign the
inventory of property to the Parking Authority
which is now used for parking lots, or would
be used for parking lots, as shown in
Exhibit "A."
The City Council assign all net parking
revenue to the Parking Authority, and
establish a Parking Authority Fund which
would be used to develop additional parking,
and other costs related to maintaining a
parking program.
The Committee believes that by the creation of a
Parking Authority, a formal set of objectives can
be established, a financing system can be developed,
and a continuous parking program can be inaugurated
which will keep us ahead of the problems.
The request from the Downtown Business Association
for a parking district is an example of why we
need a continuous parking program. In past years
the City Council responded to parking needs by
creating a number of parking lots. We feel this
should be a continuous program.
Once we establish ourselves as the Parking Authority
and have a separate fund, we can then develop a
program for forming districts or constructing
parking lots. It is the intent and purpose of this
Committee that the Council establish an on-going
program relative to parking which will remain
intact as long as a need for such parking exists.
The Committee recommends that the Council adopt
this report and request staff to prepare the
necessary resolution for Council action at a later
date.
After a lengthy discussion, upon a motion by Councilman
Barton, Report No. 3-76 of the Business Development and Parking
Committee regarding Formation of a Parking Authority was adopted
and the staff was requested to prepare the necessary resolution
for Council action at a later date.
7O
Bakersfield, California, May 24, 1976 - Page 5
(c),
were
Ayes:
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 4389 to 4524,
inclusive, in the amount of $117,358.09.
(b)
(c)
Claim for Damages from Pearl E. Walker and
Jo Millard Walker, 3633 Long Beach Boulevard,
Suite D-2, Long Beach, California. (Refer
to City Attorney)
Notice of Completion and Acceptance of Work
on improvement of Wilson Road between Wible
Road and Hughes Lane Contract No. 76-4
with Griffith Company.
(d) Application for Encroachment Permit from
Pacific Telephone & Telegraph Company.
(e) Improvement Agreement for Parcel Map No. 3424.
(f)
(g)
Map of Tract No. 3771 and Improvement Agreement
for construction of improvements therein,
located at southeast corner of Stine Road
and Harris Road.
(h)
Map of Tract No. 3805 and Improvement Agreement
for construction of improvements therein,
located at southwest corner of Planz Road
and Wible Road.
ADDENDUM
Plans and Specifications for installation of
Tennis Court Lighting at Centennial Park and
Wayside Park courts.
Budget Transfer in the amount of $1,800 from
Non-Structural Improvements Object Account
within the Capital Outlay Fund Account No.
25-795-9400 to Repair and Maintenance -
Outside Firms Object Account within the
Wastewater Treatment Budget of the General
Fund, Account No. 11-670-3900, for emergency
repairs to the water well pump at Wastewater
Treatment Plant No. 2.
Upon a motion by Councilman Christensen, Items (a), (b),
(d), (e), (f), (g~, (h) and Addendum of the Consent Calendar
approved by the following roll call vote:
Councilmen Barton, Bleecker, Christensen, Medders, Rogers,
Sceales, Strong
Noes: None
Absent: None
Bakersfield, California, May 24~ 1976 - Page 6
71
Action on Bids.
Upon a motion by Councilman Medders, low bid of Valley
Office Supply on 15 items and low bid of Monk Stationers on 2
items for office furniture for the new addition to the West Wing
of City Hall were accepted, all other bids rejected and the Mayor
was authorized to execute the contracts.
Upon a motion by Councilman Medders, Budget Transfer
for approximately $4,000 from Council Contingency Account No.
25-510-6100 of the Capital Outlay Fund to Non-Structural Improve-
ments Object Account within the Capital Outlay Fund Account
No. 25-795-9400 was approved, low bid of S. Salomon Pipeline
Company for storm drains in portions of Truxtun Avenue, Real Road
and Partridge Avenue was accepted, all other bids rejected and the
Mayor was authorized to execute the contract.
Deferred Business.
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.
This item was deferred from the Council Meeting of
May 17, 1976 and anyone wishing to address the Council was instructed
to contact the City Clerk's Office and request to be placed on the
Agenda.
Mayor Hart indicated that six companies or individuals
or representatives of organizations have sent communications to
the Council regarding the Sign Ordinance.
The following individuals addressed the Council regarding
the Sign Ordinance:
Mr. Wayne McNamee, Co-owner of Center Neon Company,
presented a Minority Report and substitute Ordinance
Mr. Leon Thomas~ 320 Golden State Highway, Mobile
Message of Bakersfield
Mrs. Ann Gutchef, 1801 Panorama Drive, Member
of the Sign Advisory Committee representing the
Junior League, and co-owner of Gutchef Music Company
72
Bakersfield, California, May 24, 1976 - Page 7
Dr. Don Ratty, 1700 Chester Avenue, Member of the
Sign Advisory Committee
Mr. Wayne Teets, 1670 Golden State Highway,
representing the Rancho Bakersfield Motel
Mr. Bob Lynn, 2301 "H" Street, General Manager
and part owner of Gene Winer Cadillac
Mr. Dick Ramkey, President, Downtown Business
Association, presented a petition entitled "Citizens
for Better Signing"
Mr. Robert L. Ragsdale, 6000 Poso Court, independent
businessman and gasoline jobber for Texaco
Mr. Bill Robbins, 121 East 21st Street, representing
May-Mooney, Inc.
Mr. Joe Mooney, 121 E. 21st Street, representing
May-Mooney, Inc.
Mr. Mel Jans, representing Tenneco Realty Development
Corporation
Mr. Jack C. O'Donnell, 2004 Emerson Court
Mr. Max Amstutz, 1925 Country Club Drive, J. C. Penney
Company
Mr. Bob Stuhr, 806 Vista Verde Way, representing the
Bakersfield Chapter of the Southern California Council,
American Institute of Architects
Dr. George Ablin, 4260 Country Club Drive, Regional
Representative of the California Roadside Council
Mr. Dean Gay, 100 Westbluff Court
Mrs. Jill Haddad, 2501 Crest Drive
Mr. Frank J. Remerowski, 1114 Oleander
Mr. David Carthal, 31 So. Real Road, Chairman,
Citizens' Sign Advisory Committee
Councilman Christensen made a motion that the Sign
Ordinance, as submitted by the Sign Advisory Committee, be adopted,
commented on the consistency of voting by the Citizens' Sign
Advisory Committee in arriving at the proposed Ordinance,
indicated that change may be brought about by asking for a variance
by the Planning Commission, noted the one-year, five-year and
ten-year phase out, and requested cost of enforcement.
Bakersfield, California, May 24, 1976 - Page 8
Community Development Director Foster answered that they
have purposefully delayed in coming up with any figures relative to
cost because there is a period of one full year before any action
must be taken. Mr. Foster further stated that in time it would
probably involve the equivalent of one person, full time.
Councilman Sceales commented that he has spoken to a
member of the Sign Advisory Committee and from the sign industry
and believes that with a few modifications the Ordinance would be
acceptable to the interests of both of these groups. He made a
substitute motion that the Sign Ordinance be referred back to the
Water and City Growth Committee for review and report back to the
Council on June 7, 1976.
After a lengthy discussion, the substitute motion by
Councilman Sceales that the Sign Ordinance in its present form be
referred back to the Water and City Growth Committee for review
and report back to the Council on June 7, 1976 and that the
Committee, at its discretion, call upon members of the Citizens'
Sign Advisory Committee for comments and assistance as it deems
necessary, was approved by the following roll call vote:
Ayes: Councilmen Barton, Bleecker, Medders, Rogers, Strong,
Noes:
Absent:
reconvened the meeting at
Sceales
Councilman Christensen
None
Mayor Hart declared a
11:20
brief recess at 11:18 p.m.
p.m.
Approval of request from Consolidated
Waste Removal to transfer their contract
to Sani-Tainer, Inc.
and
May 17,
Council with additional information.
City Manager Bergen read a telegram from Mr.
Attorney for Consolidated Waste Removal, as follows:
RE: Transfer of Consolidated Waste Removal
Refuse Contract to Sani-Tainer, Inc.
Please continue postpone action on the above
request to transfer contract for thirty days
in order that we may present further input
to Council and staff.
This matter was deferred from the Council Meeting of
1976 to allow the Public Works Department to provide the
Gus Pappas,
Bakersfield, California, May 24, 1976 - Page 9
Councilman Bleecker made a motion that this matter be
deferred for thirty days.
After discussion, a substitute motion by Councilman
Rogers that the existing contract with Consolidated Waste Removal
be transferred to Sani-Tainer, Inc., with the understanding that
it is not necessarily the City's intent to renew, was approved.
New Business.
Approval of Request from R. J.
Hudspeth to connect residence at
5400 Stine Road to City Sewer.
The sewer connection request has been approved by the
Planning Commission provided they meet the following conditions:
1. Work to be constructed to City specifications.
2. Enter into a suburban sewer rental agreement.
3. Plans to be submitted for City's review and
approval.
Upon a motion by Councilman Sceales, the agreement with
R. J. Hudspeth to connect residence at 5400 Stine Road to City
Sewer was approved.
Approval of Boundaries of proposed
Annexation designated as Wible No. 2.
This proposed uninhabited annexation is generally
bounded by Wible Road to the west, Arvin-Edison Canal to the south,
South "H" Street to the east, and Pacheco Road to the north. It
is approximately 640 acres in size.
The Planning Commission has reviewed said request for
annexation and would recommend approval of the boundaries as shown
on the map.
Upon a motion by Councilman Sceales, Annexation boundaries
designated as Wible No. 2, generally bounded by Wible Road to the
west, Arvin-Edison Canal to the south, South "H" Street to the
east, and Pacheco Road to the north and containing approximately
640 acres of uninhabited territory, were approved and referred to
the City Engineer and City Attorney for referral to LAFCO, with
Councilman Barton voting in the negative.
Bakersfield, California, May 24, 1976 - Page 10
Councilman Barton commented that he was voting in the
negative to reflect his belief in establishing a good annexation
policy where we do not form situations where the City boundary
goes around inhabited lands, forming islands, which will make it
difficult to service the area in the future when the land is
developed.
Councilman Sceales commented that the Planning Commission
Ayes:
Noes:
Absent:
Councilmen Barton, Bleecker, Christensen,
Sceales, Strong
None
None
Medders, Rogers,
is having a study made of annexation, giving most of their
attention to uninhabited areas to avoid this type of problem.
Adoption of Resolution No. 34-76
of the Council of the City of
Bakersfield, State of California,
extending time within which affected
utilities must remove overhead wires
and facilities and install underground
wires and facilities in Underground
Utility District No. 4.
The Resolution provides for an additional 30 days for
removal of overhead utility facilities, including poles, overhead
wires and related structures on "Q" Street between 24th Street
and Truxtun Avenue. The present time allowed for removal of the
facilities is 30 days and after review of this with the various
utilities, it apparently is not sufficient time to do the work.
The Resolution extends the completion date from July l, 1976 to
August 2, 1976.
Upon a motion by Councilman Bleecker, Resolution
No. 34-76 of the Council of the City of Bakersfield, State of
California, extending time within which affected utilities must
remove overhead wires and facilities and install underground wires
and facilities in Underground Utility District No. 4, was adopted
by the following roll call vote:
Bakersfield, California, May 24, 1976 - Page 11
Approval of Addendum No. 3 to Agreement
No. 28-72 concerning use of Bakersfield
Community College Swimming Pool.
This is an addendum to the original agreement with the
Kern Community College District for the use of their swimming pool
from June 6, 1976, through August 6, 1976.
Upon a motion by Councilman Strong, Addendum No. 3 to
Agreement No. 28-72 between the Kern Community College District
and the City of Bakersfield for the use of their swimming pool
from June 6, 1976, through August 6, 1976, was approved and the
Mayor was authorized to execute the same.
Hearings.
This is the time set for continued 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 was continued from the Council Meeting of
May 17, 1976, and on Thursday, May 20, 1976, Mrs. Lopez submitted
a letter stating that the problem has been resolved and requested
that the Appeal be withdrawn.
Upon a motion by Councilman Sceales, Mrs. Lopez's request
to withdraw the appeal 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 accepted.
Bakersfield, California, May 24~ 1976 - Page 12
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at ll:30 p.m.
MAYO ....the C~s field,
Calif.
ATTEST:
CITY ~RK and O~i~ci~ Clerk of
Council of the City ~f Bakersfield
the