Loading...
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