HomeMy WebLinkAbout09/13/1976 MINUTES CC246
Bakersfield, California, September 13, 1976
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., September 13, 1976.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Reverend Wallace
Hastings of the Bakersfield Counseling Group.
The City Clerk called the roll as follows:
Present: Mayor Hart.
Councilmen Medders, Rogers, Sceales, Strong,
Barton, Bleecker, Christensen
Absent: None
Minutes of the Joint Public Hearing of August 19, 1976,
regular meeting of August 23, 1976 and recessed meeting of August
30, 1976, were approved as presented.
Scheduled Public Statements.
Mr. Mark Raney, member of the Board of Directors of Kern
View Hospital, introduced Dr. Jesus Perez Ayala, Patricia Diaz
Vargas and Professor Armondo Rodriquez Cirpintyro, Baja, California
officials, who are in Bakersfield to study drug abuse problems.
Miss Sharron Burley, representing the Ice Capades,
extended an invitation to the Mayor and Council to attend opening
night of the Ice Capades at the Civic Auditorium on Thursday,
September 23, 1976.
Correspondence.
Upon a motion by Councilman Rogers, communication from
Richard C. Bailey, Kern County Museum Director, requesting the
donation of a fire alarm box for the museum, was approved.
Upon a motion by Councilman Rogers, communication from
the California Regional Water Quality Control Board, Central
Valley Region, dated September 2, 1976, regarding an Ordinance
for well construction and wafer supply, was received and referred
to Councilman Sceales, Chairman of the Intergovernmental Relations
Committee, to represent the City in this matter.
Bakersfield, California, September 13, 1976 - Page 2
247
Council Statements.
Councilman Rogers reported on recent activities of the
Special Committee for Freeway 178 On- and Off-Ramps at Mt. Vernon
Avenue and also stated that a formal report will be presented to
the Council at next week's meeting.
Upon a motion by Councilman Medders a moratorium of
three weeks was placed on brush hauling charges for persons who
need this service due to damage incurred from the storm that hit
the City over the weekend of September 4 & 5, 1976.
Councilman Medders, on behalf of the Council and citizens
of Bakersfield, commended the Parks Division for the tremendous
job they have done in cleaning up the damage from the storm.
Upon a motion by Councilman Barton, recommendations
from Councilman Barton regarding voting delegate to the League of
California Cities Conference, was placed on the Agenda to be
considered later in tonight's meeting.
Reports.
Councilman Bleecker, Chairman of the Governmental
Efficiency and Personnel Committee, read Report No. 15-76 regarding
Compensatory Time Ordinance, as follows:
In June of this year the Federal law which set
wage and hour standards for State and local
government employees was struck down by the
United States Supreme Court. The Court ruled
that congressional amendments extending Fair
Labor Standards Act coverage to public
employees on State and local payrolls violated
the doctrine of State sovereignty. During
July of this year the staff met and conferred
with the Service Employees International Union
and the Teamsters Union in an attempt to rein-
state the City's Wage and Hour Ordinance which
was in effect prior to the Fair Labor Standards
Act. The City and the Unions are now in com-
plete agreement on the provisions contained
in the attached ordinance. These changes
should result in a savings of thousands of
dollars annually to the City. In effect,
employees will now be able to take compensa-
tory time off in lieu of payment for overtime
hours worked. The Governmental Efficiency
and Personnel Committee is recommending
Council approval of the attached ordinance and
resolution concerning compensation for officers
and employees of the City of Bakersfield.
Bakersfield, California, September 13, 1976 - Page 3
Upon a motion by Councilman Bleecker, Governmental
Efficiency and Personnel Committee Report No. 15-76 regarding
Compensatory Time Ordinance, was accepted.
Adoption of Emergency Ordinance No.
2292 New Series of the Council of
the City of Bakersfield amending
Sections 3.18.030, 3.18.032, 3.18.034,
repealing Section 3.18.035, amending
Section 3.18.140, repealing Section
3.18.150 and amending Section 3.18.154
of the Municipal Code, concerning
Compensation for Officers and
Employees of the City of Bakersfield.
Upon a motion by Councilman Bleecker, Emergency Ordinance
No. 2292 New Series of the Council of the City of Bakersfield
amending Sections 3.18.030, 3.18.032, 3.18.034, repealing Section
3.18.035, amending Section 3.18.140, repealing Section 3.18.150
and amending Section 3.18.154 of the Municipal Code, concerning
Compensation for Officers and Employees of the City of Bakersfield,
was adopted by the following roll call vote:
Councilmen Medders, Rogers, Sceales, Strong, Barton,
Bleecker, Christensen
None
None
Ayes
Noes
Absent:
Adoption of Resolution No. 68-76 of
the Council of the City of Bakers-
field amending Resolution No. 46-76,
setting Salaries and Related Benefits
for Officers and Employees of the
City of Bakersfield.
Upon a motion by Councilman Bleecker, Resolution No.
68-76 of the Council of the City of Bakersfield amending Resolution
No. 46-76 setting Salaries and Related Benefits for Officers and
Employees of the City of Bakersfield, was adopted by the following
roll call vote:
Ayes
Noes
Absent:
Councilmen Medders, Rogers, Sceales,
Bleecker, Christensen
None
None
Strong, Barton,
Bakersfield, California, September 13, 1976 - Page 4
249
Councilman Rogers, Chairman of the Water and City Growth
Committee, read Report No. 13-76 regarding Rio Bravo Annexation,
as follows:
Since the date .the Council gave authorization
to begin the Rio Bravo Annexation Draft E.I.R.,
the Water and City Growth Committee has met
several times. One of the major concerns has
been the cost/revenue relationships if the
area is annexed.
The Committee is transmitting with this report
the Cost/Revenue Analysis which indicates that
costs of services be offset by anticipated
revenues; to further assure a continued balance
of cost/revenue relationships, an addition to
the Draft Rio Bravo Plan entitled "Urban
Growth & Fiscal Management" has been prepared.
This proposed policy would seek to assure that
non-contiguous development will pay its own
way.
The Draft E.I.R., the Plan, and the Cost/
Revenue Analysis have been completed. The
Draft E.I.R. has been distributed, and
comments are beginning to come in. The
Planning Commission is scheduling the Public
Hearfng on the Draft E.I.R. for October 6,
1976.
It is important that responses to the comments
begin at once,-so the Committee is recommending
that the Council authorize the necessary funds
for Quad Consultants to begin this second
phase.
The Committee recommends to the City Council
to continue the E.I.R. process, and authorize
transfer of funds so that Quad Consultants
may commence with response to comments received
on the Draft E.I.R.
Since Quad's preliminary estimate for the Draft
E.I.R. was $3,286.83 low, it is our recommenda-
tion to authorize this payment out of Phase II,
the response to comments.
Therefore, the Committee recommends the Council
authorize the transfer of a maximum of $15,000
from the Council Contingency Fund to pay Quad
~or both the $3,286.83 and the response to
comments.
During discussion Councilman Barton requested that the
following changes (underlined) be made in the document entitled
"URBAN GROWTH AND FISCAL MANAGEMENT PLAN."
Bakersfield, California, September 13, 1976 - Page 5
Paragraph Number l, Page
"Proponents of development shall provide the
City with sufficient information to enable
an estimate of anticipated revenues which
may result from development. (Value, popula-
tion, anticipated sales, etc.). Staf~ would
then apply the Revenue Model to the projected
anticipated annual revenues for 5 years."
Paragraph Number 2, Page
"Representatives of various City departments
shall review the development plans to deter-
mine needed services; proponents must be
encouraged to meet with department repre-
sentatives to determine the minimum acceptable
level of service to be provided or interim
measures to provide services. Costs shall
then be estimated for the provision or
extension of such services which would
normally be absorbed by the City."
Paragraph Number 3, Page 42:
"Comparisons of costs and anticipated revenues
shall be made. If a substantial differential
exists (-5%), staff shall recommend either (a)
denying approval of the development, such as
subdivision or parcelization, or (b) approving
the development subject to the developer
contributing either cash or in kind improve-
ments equal to the difference between
anticipated costs and revenues."
Councilman Bleecker requested that the reference to the
5% differential in paragraph number 3, page 42, be changed to
read any differential will be paid for by the proposed developer.
Councilman Rogers suggested that paragraph number 3,
page 42, read as follows: (changes underlined)
"Comparisons of costs and anticipated revenues
shall be made. If a differential exists staff
shall recommend either (a) denying approval
of the development, such as subdivision or
parcelization, or (b) approving the develop-
ment subject to the developer contributing
either cash or in kind improvements equal to
the difference between anticipated costs and
revenues."
After a lengthy discussion, upon a motion by Councilman
Rogers, Water and City Growth Committee Report No. 13-76 regarding
Rio Bravo Annexation, with changes in the document entitled
"URBAN GROWTH AND FISCAL MANAGEMENT PLAN," as outlined by Council-
men Bleecker and Barton, and Budget Transfer of a maximum of
Bakersfield, California, September 13, 1976 - Page 6
$15,000 from the Council Contingency Fund to pay Quad Consultants
for both the $3,286.83 and response to comments, were approved by
the following roll call vote:
Ayes: Councilmen Medders, Rogers, Sceales, Strong, Barton,
Bleecker, Christensen
Noes: None
Absent: None
City Manager Bergen reported that in response to a
petition from Postal Service employees, an additional street
light has been ordered for installation on 13th Street east of
"S" Street.
Community Development Director Foster updated the
Council on meetings that have been held with property owners who
are objecting to the expansion of the Downtown Redevelopment
Project area.
The Council engaged in a discussion in response to a
question from Councilman Bleecker regarding annexation of inhabited
or developed areas where revenue is a minus factor compared to the
cost of services to be provided.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 808 to 946,
inclusive, in the amount of $156,654.84.
(b) Claim for Damages from Tenneco West, Inc.,
P.O. Box 9380, Bakersfield. (Refer to
City Attorney)
(c) Sewer Easement from Robert K. & Barbara
J. Straus, husband and wife, providing
sewer line access as required for Parcel
Map No. 3223 located south of Panorama
Drive and west of Columbus Street.
(d) Alley Easement from Harold H. Russo
providing access as required for Parcel
Map No. 3624 located at northwest corner
of Los Carneros Place and E1Potrero Lane.
(e) Improvement Agreement for Parcel Map No.
3535 with Maurice & M. Frank St. Clair.
Bakersfield, California, September 13, 1976 - Page 7
(f)
Map of Tract No. 3680, Unit "D", and
Improvement Agreement for construction
of improvements therein - located east
of New Stine Road and north of Hahn
Avenue.
(g)
Notice of Completion and Acceptance of
Work on project known as Storm Drains
in portions of Truxtun Avenue, Real Road
and Partridge Avenue - Contract No.
76-66 with Salomon Pipeline Construction.
(h)
Notice of Completion and Acceptance of
Work for Street and Sewer Improvements
under Tract No. 3698, Unit "A" - Contract
No. 75-20 with 2314 Properties.
(~)
Notice of Completion and Acceptance of
Work, including punch list, for con-
struction of West Wing of City Hall
Contract No. 75-112 with Fred S. Macomber.
(j) Application for Encroachment Permit from
Freddie Sheppard, 141 "T" Street.
(k) Application for Encroachment Permit from
Veronica Lopez, 1401 Monterey Street.
(i)
Request from Mrs. Irene E. Stockton, 3504
Elcia Drive, for information on annexing
the area she lives in to the City of
Bakersfield. (Refer to Planning Com-
mission)
(m)
Request from United Surveying & Engineering
for annexation of property located on the
west side of Union Avenue north of Fair-
view Road. (Refer to Planning Commission
for study and recommendation)
Upon a motion by Councilman Christensen, Items (a), (b),
(c), (d), (e), (f), (g), (h), (i), (j), (k), (1) and (m) of the
Consent Calendar, were adopted by the following roll call vote:
Ayes:
Councilmen Medders, Rogers, Sceales, Strong, Barton,
Bleecker, Christensen
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Medders, low bid of Bill
Wright Toyota for Three Light-weight Pickups, was accepted and
all other bids rejected.
Upon a motion by Councilman Sceales, low bid of Specialized
Spray Service for Weed Abatement of 140 Parcels, was accepted, the
other bid rejected and the Mayor was authorized to execute the
contract.
Bakersfield, California, September 13, 1976 - Page 8
253
Upon a motion by Councilman Medders, low bid of Bell
Roll Cage Systems for Roll Bars and Canopies for 16 pieces of
heavy equipment in the Public Works Department, was accepted and
the other bid rejected.
Upon a motion by Councilman Medders, usual bidding
requirements were dispensed with, in accordance with Section
5.20.060 of the Municipal Code, and the Finance Director was
authorized to negotiate a price with Varda Company for Ten
Burglar Alarm Transmitters for the Police Depart-
Portable Radio
ment.
Upon
a motion by Councilman Christensen, low bid of
Hall's Gas for Annual Contract - 30,000 Gallons of Liquid Petroleum
Gas, was accepted, the other bid rejected and the Mayor was
authorized to execute the contract.
Deferred Business.
Approval of Boundaries of proposed
Annexation designated as Kern City.
After discussion, upon a motion by Councilman Sceales,
Annexation boundaries designated as Kern City, located generally
south of Stockdale Highway between New Stine Road and Ashe Road
and containing 155~ acres of inhabited territory, were approved
and referred to the City Engineer and City Attorney for referral
to LAFCO.
New Business.
Adoption of Resolution No. 69-76 of
the Council of the City of Bakers-
field approving Application for
Preliminary Loan for Low-Rent Public
Housing.
The Kern County Housing Authority is requesting Council
approval of the final 82 units of elderly housing, out of the
original 200 units approved by voter referendum in November, 1972.
Earlier this year the Council approved a Housing Authority appli-
cation for ll8 units (Christian Towers) for the elderly. This is
a preliminary step in the process, the site has not been selected
and will be determined later in coordination with the City.
Bakersfield, California, September 13, 1976 - Page 9
Mr. Bill Poelke, Executive Director of the Kern County
Housing Authority, answered questions of the Council and explained
the functions of the Housing Authority.
Upon a motion by Councilman Strong, Resolution No.
69-76 of the Council of the City of Bakersfield approving Appli-
cation for Preliminary Loan for Low-Rent Public Housing, was
adopted by the following roll call vote:
Ayes Councilmen Medders, Sceales, Strong, Barton, Bleecker,
Christensen
Noes None
Absent: None
Abstaining: Councilman Rogers
Councilman Rogers abstained from voting on this matter
until he can obtain more information about the function of the
Housing Authority in relation to housing for the elderly.
Hearings.
This is the time set for public hearing concerning the
adoption, by Resolution, of a Conflict of Interest Code applicable
to members of the City Council pursuant to the Political Reform
Act of 1974.
This hearing has been duly advertised. The Political
Reform Act requires the City Council to submit a Conflict of
Interest Code by the deadline established by the State Fair
Political Practices Commission, which deadline has been extended
to September 13, 1976. The purpose of this hearing is to give
opportunity to the public, etc., to express their views. After
adoption by the Council, the Code becomes effective on final
adoption by the State Commission.
The proposed Conflict of Interest Code makes no dis-
closure requirements in addition to those already being met by
Councilmen. The Code does require Councilmen to disqualify them-
selves from participation in the making of decisions which will
foreseeably have a material effect on a financial interest.
Bakersfield, California, September 13, 1976 - Page l0
255
pation.
portion
action.
Mayor Hart declared the hearing open for public partici-
No protests or objections being received, the public
of the hearing was closed for Council deliberation and
Upon a motion by Councilman Bleecker, Resolution No.
70-76 of the Council of the City of Bakersfield adopting a Conflict
of Interest Code applicable to the members of the City Council
pursuant to the Political Reform Act of 1974, was adopted by the
following roll call vote:
Ayes: Councilmen Medders, Rogers, Sceales, Strong, Barton,
Bleecker, Christensen
Noes: None
Absent: None
This is the time set for public hearing on application
by Evelyn McMahan to amend the zoning boundaries from an R-1-D
(One Family Dwelling - Architectural Design) Zone to an R-2-D
(Limited Multiple Family Dwelling - Architectural Design), or more
restrictive, Zone, of that certain property in the City of Bakers-
field commonly known as 1924 Montgomery Street.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
The adjacent properties on Montgomery Street are zoned
R-1 and developed with single family homes. In December, 1967,
the owner requested R-3 for the entire parcel on the south side of
Ming Avenue to Montgomery Street and the Planning Commission, at
that time, recommended that the southerly portion of the parcel,
Montgomery Street frontage, remain R-1 in keeping with the existing
R-1 neighborhood.
Several property owners within the immediate area
appeared at the Planning Commission hearing in opposition and a
petition with 101 signatures expressing opposition was also filed.
25 q
Bakersfield, California, September 13, 1976 - Page ll
The Planning Commission was of the opinion that the
requested R-2 zoning would not be compatible with the adjacent
R-1 neighborhood and recommended that the application be denied.
Mayor Hart declared the hearing open for public partici-
pation.
Mr. Walter Mechaley, 1904 Montgomery Street, representing
the signers of the petition in opposition to the zone change,
stated he was present to answer questions of the Council.
No further protests or objections being received, the
public portion of the hearing was closed for Council delibera-
tion and action.
Upon a motion by Councilman Sceales, Zoning Resolution
No. 250 denying application of Evelyn McMahan to amend Title
Seventeen of the Bakersfield Municipal Code by changing the Land
Use Zoning of that certain property in the City of Bakersfield
commonly known as 1924 Montgomery Avenue, was adopted by the
following roll call vote:
Ayes Councilmen Medders, Rogers, Sceales, Strong, Barton,
Bleecker, Christensen
Noes None
Absent: None
This is the time set for public hearing on application
by Tejon Investment Company to amend the zoning boundaries from
an R-1 (One Family Dwelling) Zone to an R-2 (Limited Multiple
Family Dwelling), or more restrictive, Zone, of that certain
property in the City of Bakersfield located on Lots 23 through
31, Tract 3846.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
Subject lots are located in a new subdivision near
Highland High School in the northeast area of the City. The lots
will front on a 90-foot four-lane secondary highway connecting
Bakersfield, California, September 13, 1976 - Page 12
257
Auburn Street and University Avenue. The proposed R-2 zoning
would permit four dwelling units per lot.
The Planning Commission recommended amending the zoning
boundaries from R-1 to R-2, with the application of the "D" Design
Overlay applied, and found it would be consistent with the Land
Use Element of the General Plan.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Christensen, Ordinance No.
2293 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
Lots 23 through 31, Tract 3846, with the application of the "D"
Design Overlay applied, was adopted by the following roll call
vote:
Ayes: Councilmen Medders,
Bleecker,
Noes: None
Absent: None
Rogers, Sceales, Strong, Barton,
Christensen
New Business
(Continued)
to the Council
To:
From:
Subject:
Honorable Mayor and City Council
Councilman James J. Barton
Voting Delegate to the League of
California Cities Conference
Upon a motion by Councilman Sceales, purchase of
Haberfelde property located north of Santa Fe Railroad tracks
between Chester Avenue and Eye Street, which will be used for
Civic Center parking, was referred to the Budget Review and
Finance Committee for study and recommendation.
Councilman Barton submitted the following memorandum
258
Bakersfield, California, September 13, 1976 - Page 13
At last year's Annual Conference of the League
of California Cities, I was the voting delegate
for the City. At that time, I made a report
to the City Council dated October 27, 1975, in
which I made specific recommendations that I
would like to have the Council consider.
I am attaching a copy of the report with this
memorandum.
Councilman Barton's recommendations are as follows:
It is my recommendation that our present system
of delegate voting be changed so the Council
can have a better assessment of the resolutions
and participate in the League's decisions.
It should be the individual Councilman's
responsibility to continually review the
League's actions during the Conference.
The attending Council members should relay
through a staff member to the voting
delegate their positions on each resolu-
tion as it proceeds through the conference.
This should be done after the General
Resolution Committee Meeting and prior to
the General Assembly Meeting.
After a lengthy discussion, upon a motion by Councilman
Strong, Councilman Barton's two recommendations for the Voting
Delegate to the League of California Cities Annual Conference,
were approved.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 10:30 P.M.
Calif.
ATTEST:
CITY K Clerk of the Council
of the City of Bak~rsfield, California
ma