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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