HomeMy WebLinkAbout11/29/1976 MINUTES CCBakersfield, California, November 29, 1976
Minutes of a regular meeting of the Council of the City
of Bakers£ield, California, held in the Council Chambers of City
Hall at 8:00 P.M., November 29, 1976.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Councilman Donald A.
Rogers.
The City Clerk called the roll as follows:
Present: Mayor Hart.
Councilmen Sceales, Strong, Barton, Bleecker,
Christensen, Medders, Rogers
Absent: None
Minutes of the regular meeting of November 15, 1976 were
approved as presented.
Council Statements.
Councilman Rogers read the following statement regarding
several items the Water and City Growth Committee is requesting the
Council to act upon tonight.
As part of the purchase of the Kern River water
properties and to insure an orderly continuation
of the present Tenneco operation, the City
should offer operating contracts to the water
districts affected; namely, North Kern Water
Storage District and Kern Delta Water District.
To provide the same level of service, the City
of Bakersfield agreed to hire the Tenneco
employees who have been operating these systems.
Since this purchase has finally become a
reality, and in order to implement this trans-
fer, the Water and City Growth Committee
recommends the following:
The Council approve hiring the Tenneco
employees related to water operation.
The Governmental Efficiency and Personnel
Committee determine the employee classi-
fications, salaries and supplemental
benefits as soon as possible. It is of
utmost importance that those affected
employees know immediately what their
status will be as City employees.
The Council authorize the Water and City
Growth Committee to write a letter to
the North Kern Water Storage District and
Kern Delta Water District offering to
continue services presently provided by
Tenneco.
If the water districts decide to operate their
portion of the canal system and hire some of
Bakersfield, California, November 29, 1976 - Page 2
309
the Tenneco employees, the City will adjust its
hiring accordingly. It is the intention of
the City of Bakersfield to have a water depart-
ment in operation effective January 2, 1977.
Upon a motion by Councilman Rogers, hiring of Tenneco
employees related to water operations, was approved; the Govern-
mental Efficiency and Personnel Committee was directed to deter-
mine the employee classifications, salaries and supplemental
benefits as soon as possible; and the Water and City Growth
Comittee was authorized to write a letter to the North Kern Water
Storage District and Kern Delta Water District offering to continue
services presently provided by Tenneco, by the following roll call
vote:
Ayes: Councilmen
Noes: None
Absent: None
Sceales, Strong, Barton, Bleecker, Christensen,
Medders, Rogers
Councilman Bleecker stated that the Mayor and Council
have been invited by Taji Gill, Student Director of Activities at
Bakersfield College, to attend a Bonfire and Pep-Rally for the
Potato Bowl Game on Thursday, December 2, 1976 at 6:00 P.M. at
Bakersfield College.
Reports.
City Manager Buell reported that it has been
Council records do not reflect the current
Assistant
determined that the
appointments to the Business Tax Appeals Board and in order to
clarify the records it is requested that the Council take the
following actions:
Confirm the appointment of Mr. James G. Bowles,
term to expire July l, 1977.
Reappoint Mr. Francis A. Moore, Jr. for a
three year term expiring July l, 1979.
Mr. Buell also stated that there is still one vacancy on
the Business Tax Appeals Board that should be filled.
Bakersfield, California, November 29, 1976 - Page 3
Upon a motion by Councilman Medders, Mr. James G. Bowles'
appointment was confirmed to the Business Tax and Appeals Board,
term expiring July 1, 1977; and Mr. Francis A. Moore, Jr. was
reappointed to the Business Tax and Appeals Board for a three year
term expiring July l, 1979.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1831 to 2033,
inclusive, in the amount of $290,416.63.
(b)
Request from Leonard J. Schroeder,
Architect, for annexation of property
generally located in the northwest quad-
rant of Willis Avenue and Morning Drive.
(Refer to Planning Commission for study
and recommendation)
(c)
Request from T. J. Jamieson, P.O. Box
1807, for abandonment of existing five
foot easement crossing property located
on the northeast corner of Mt. Vernon
Avenue and University Avenue, known as
3501Mt. Vernon Avenue, and dedication
of new five foot easement. (refer to
Planning Commission)
Upon a motion by Councilman Christensen, Items (a), (b)
and (c) of the Consent Calendar, were adopted by the following roll
call vote:
Ayes:
Councilmen Sceales, Strong, Barton, Bleecker, Christensen,
Medders, Rogers
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Sceales, 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 for a Torque-Flow Submersible
Sewage Pump and Accessories with Flo-Systems, Inc.
Upon a motion by Councilman Medders, low bid of Ray
Gaskin Service for two 25 Cubic Yard Rear Loading Refuse Packer
Bodies with Auxiliary Engines, was accepted and all other bids
rejected.
Bakersfield, California, November 29, 1976 - Page 4
Upon a motion by Councilman Medders, low bid of Bakers-
field Truck and Trailer Repair for four Refuse Truck Tilt Cab
Glider Kits, was accepted and all other bids rejected.
Upon a motion by Councilman Medders, low bid of Ray
Gaskin Service for two Cabs and Chassis with l0 Cubic Yard Dump
Bodies, was accepted and all other bids rejected.
Upon a motion by Councilman Medders, low bid o£ Ray
Gaskin Service for two Tilt Cab Truck Chassis, was accepted and
all other bids rejected.
Upon a motion by Councilman Sceales,
Ford for 28,000 lb. G.V.W. Truck with Tilt Cab
accepted and all other bids rejected.
Upon a motion by Councilman Medders, low bid of Ray
Gaskin Service for four Refuse Packer Tailgate Assemblies, was
accepted and all other bids rejected.
Upon a motion by Councilman Medders, bid for Street
Flusher with 1,900 Gallon Tank Installed, was rejected and the
Finance Director was authorized to readvertise for bids.
Deferred Business.
Adoption of Ordinance No. 2302 New
Series of the Council of the City
of Bakersfield authorizing amendment
to the Contract between the City of
Bakers£ield and the Board of
Administration of the California
Public Employees Retirement System
concerning provision for 15% increase
in allowances to or on account of
certain Miscellaneous Members retired
or Members deceased prior to July l,
1971.
Upon a motion by Councilman Bleecker, Ordinance No. 2302
New Series of the Council of the City of Bakersield authorizing
amendment to the Contract between the City of Bakersfield and the
Board of Administration of the California Public Employees Retire-
ment System concerning provision for 15% increase in allowances to
or on account of certain Miscellaneous Members retired or Members
low bid of Haberfelde
and Chassis, was
' O
Bakersfield, California, November 29, 1976 - Page 5
deceased prior to July 1,
call vote:
Ayes:
Noes:
Absent:
Councilmen Sceales,
Medders,
None
None
1971, was adopted by the following roll
Strong, Barton, Bleecker, Christensen,
Rogers
New Business.
Adoption of Resolution No. 90-76 of
the Council of the City of Bakers-
field certifying the adequacy,
accuracy and objectivity of the
Final Environmental Impact Report
for the Amendment to the Flood Plain
Zones (constituting relevant sections
of Chapter 17.46 of the Bakersfield
Municipal Code), the evaluation of
said Report, findings thereof, and
the approval of the project described
therein.
This resolution certifies the Final Environmental Impact
Report for the amendment to the Flood Plain Zones as having been
completed in compliance with the California Environmental Quality
Act, State EIR Guidelines and City procedures set forth in
Resolution No. 10-75.
Upon a motion by Councilman Rogers, Resolution No. 90-76
of the Council of the City of Bakersfield certifying the adequacy,
accuracy and objectivity of the Final Environmental Impact Report
for the Amendment to the Flood Plain Zones (constituting relevant
sections of Chapter 17.46 of the Bakersfield Municipal Code),
evaluation of said report, findings thereof and the approval of
the project described therein, was adopted by the following roll
call vote:
Ayes: Councilmen Sceales, Strong,
Medders, Rogers
Noes: None
Barton, Bleecker, Christensen,
Absent: None
Bakersfield, California, November 29, 1976 - Page 6
333
First reading of an Ordinance of
the Council of the City of Bakers-
field amending Sections 17.46.020,
17.46.030, 17.46.040, 17.46.100,
17.46.120, Subsection (8) of Section
17.46.130; adding Sections 17.46.045,
17.46.125 and repealing Subsection
(9) of Section 17.46.130 of Chapter
17.46 of the Municipal Code concerning
the Flood Plain Zones.
This amendatory ordinance is the project considered in
the Final Environmental Impact Report for the amendment to the
Flood Plain Zones. Basically, it permits, under strict conditions
designed to minimize environmental effects, the drilling and
production of oil in the Flood Plain Zones, upon securing of a
permit from the Building Director. Such development is permitted
where it will offer no more obstruction to flood flow than that
which wilI cause a one-foot rise in the surface of the 100-year
flood.
Review and evaluation by the Council of the information
contained in the Final EIR is required before consideration and
adoption of the ordinance.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Sections 17.46.020,
17.46.030, 17.46.040, 17.46.100, 17.46.120, Subsection (8) of
Section 17.46.130; adding Sections 17.46.045, 17.46.125 and re-
pealing Subsection (9) of Section 17.46.130 of Chapter 17.46 of
the Municipal Code concerning the Flood Plain Zones.
Adoption of Resolution No. 91-76 of
the Council of the City of Bakers-
field approving the Kern County
Federal Aid Urban Program for the
Bakersfield Urbanized Area, City of
Bakersfield, and continuing in
effect the approved cooperative
process, respecting the 1976 Federal
Highway Act.
On June 24, 1974, the Council
Aid Urban (FAU) process and program for
on local street projects. The program approved at that date
complied with the requirements of the Federal Highway Act of 1973.
approved the City's Federal
the expenditure of funds
Bakersfield, California, November 29, 1976 - Page 7
The Federal Highway Act of 1976 continues the Federal Aid Urban
(FAU) system and program and this resolution would confirm the
projects the City will construct under this program. All projects
in the program for the City have been budgeted and approved by the
City Council in the prior budgets.
Upon a motion by Councilman Medders, Resolution No. 91-76
of the Council of the City of Bakersfield approving the Kern County
Federal Aid Urban Program for the Bakersfield Urbanized Area, City
of Bakersfield, and continuing in effect the approved cooperative
process, respecting the 1976 Federal Highway Act, was adopted by
the following roll call vote:
Ayes: Councilmen Sceales, Strong, Barton, Bleecker, Christensen,
Medders, Rogers
Noes: None
Absent: None
Reception of Certificate of Election
from County Clerk of all Votes Cast
for City of Bakersfield's Special
Bond Election, Measure "B", at the
General Election held on November
2, 1976.
Upon a motion by Councilman Rogers, Certificate of
Election from County Clerk of all Votes Cast for City of Bakers-
field's Special Bond Election, Measure "B", at the General Election
held November 2, 1976, was received and ordered placed on file.
The results of the election were as follows:
Total number of regisfered voters in all
City Precincts
37,662
MEASURE "B"
BOND PROPOSITION: 'Shall the City of
Bakersfield incur a bonded indebted-
ness in the principal sum of
$15,500,000 for acquisition of all
Kern River water, water rights,
waterworks and water facilities of
Tenneco West, Inc., Kern Island
Water Company and Kern River and
Canal and Irrigation Company described
in the Acquisition Agreementsentered
into by the City as of April 12, 1976,
and all expenses incidental to or
connected with the authorization,
issuance and sale of the bonds?
YES
NO
TOTAL VOTES CAST
19,738
8,914
34,691
Bakersfield, California, November 29, 1976 - Page 8
335
The reason for the difference between the total of YES
and NO votes and Total Votes Cast is that some voters did not vote
on Measure "B".
Adoption of Resolution No. 92-76 of
the City Council of the City of
Bakersfield, California, declaring
the results of the Special Election
held in said District on November 2,
1976.
This resolution accepts the canvass of record of the
Special Election as certified by the County Clerk and declares
that the votes of more than two-thirds of all the voters at said
election for the Water Bond Proposition were cast in favor of
the adoption, declares it to be carried and authorizes the City
Council to issue bonds for the purpose stated therein as provided
by law.
Upon a motion by Councilman Rogers, Resolution No. 92-~76
of the City Council of the City of Bakersfield, California, declaring
the results of the Special Election held in said District on
November 2, 1976, was adopted by the following roll call vote:
Ayes:
Councilmen Sceales, Strong, Barton, Bleecker, Christensen,
Medders, Rogers
Noes: None
Absent: None
Approval of Minute Order setting
December 20, 1976 as the date for
hearing an Appeal by Lamon A. Carter,
et al to decision of the Board of
Zoning Adjustment.
Upon a motion by Councilman Sceales, Minute Order setting
December 20, 1976 as the date for hearing an Appeal by Lamon A.
Carter, et al to decision of the Board of Zoning Adjustment, was
approved.
Approval of Minute Order setting
December 20, 1976 as the date for
hearing an Appeal by Oleta B. and
Marces C. Everett to decision of
the Board of Zoning Adjustment.
Bakersfield, California, November 29. 1976 - Page 9
Upon a motion by Councilman
December 20, 1976 as the date for
and Marces C. Everett to decision
was approved.
for
Medders, Minute Order setting
hearing an Appeal by Oleta B.
of the Board of Zoning Adjustment,
tlearings.
This is the time set for public hearing before the Council
hearing protests by persons owning real property within terri-
tory designated as "Stockdale No. 9," proposed to be annexed to
the City of Bakersfield.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
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 Medders, Resolution No. 93-76
of the Council of the City of Bakersfield declaring that a majority
protest has not been made to the annexation of "Stockdale No. 9,"
proposed to be annexed to the City of Bakersfield, was adopted by
the following roll call vote:
Ayes: Councilmen Sceales, Strong, Barton, Bleecker, Christensen,
Medders, Rogers
Noes: None
Absent: None
Upon a motion by Councilman Medders, Ordinance No. 2303
New Series approving annexation of a parcel of uninhabited terri-
tory to the City of Bakersfield, California, designated as "Stock-
dale No. 9," and providing for the taxation of said territory to
pay the bonded indebtedness of said City, was adopted by the
following roll call vote:
Ayes Councilmen Sceales, Strong, Barton, Bleecker, Christensen,
Medders, Rogers
Noes None
Absent: None
Bakers£ield, California, November 29, 1976 - Page l0
837
This is the time set for public hearing before the
Council of the City of Bakersfield on the initiated action by the
Planning Commission to Zone Upon Annexation to a P.U.D. (Planned
Unit Development), or more restrictive, Zone, that certain property
in the County of Kern located on the north side of Stockdale
Highway and west of Park Stockdale, known as a parcel within
Stockdale No. 9 Annexation.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
Subject Stockdale No. 9 Annexation contains 7.83 acres
and is undeveloped except for a single family home. The P.U.D.
zoning covers the northerly portion only, and contains 16 residential
lots of said optional design subdivision.
The Planning Commission found the P.U.D. zoning would
be consistent with the Land Use Element of the General Plan and
recommended approval. A negative declaration was posted on October
22, 1976.
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 Medders, Ordinance No. 2304
New Series o£ the Council of the City of Bakersfield amending
Section 17.12.020 of Title 17 of the Municipal Code changing the
Land Use Zoning of that certain land located on the north side of
Stockdale Highway and westerly of Park Stockdale; and making
findings in connection with the P.U.D. Zone, was adopted by the
following roll call vote
Ayes: Councilmen Sceales, Strong, Barton, Bleecker, Christensen,
Medders, Rogers
Noes: None
Absent: None
Bakersfield, California, November 29, 1976 - Page
This is the time set for public hearing before the
Council to determine whether or not a rate adjustment is justified
for Warner Cable TV, Inc.
The hearing has been duly advertised.
Mayor Hart announced that he is a substantial stockholder
in Warner Cable TV, Inc. and due to a real or imaginary conflict
of interest he will not participate in or preside over this
hearing.
Vice-Mayor Bleecker declared the hearing open for public
participation.
Ms. Ruth Gelman requested that the Council delay a
decision on a rate increase because of inadequate data and
financial information. Ms. Gelman also requested that the City
negotiate with the County and other Cities to hold one annual
consolidated rate hearing rather than each City and the County
holding their own public hearing.
Councilman Barton stated that he could not support a
rate increase for Warner Cable TV due to the lack of sufficient
information.
Mr. Kenneth Tryggestad, General Manager of Warner Cable
of Kern County, requested that the Council approve the requested
rate increase.
After a lengthy discussion, no further protests or
objections being received, Vice-Mayor Bleecker closed the public
portion o£ the hearing for Council deliberation and action.
Vice-Mayor Bleecker stated that he could not support a
rate increase because in the report from the Finance Department
it was indicated that the financial review provided by Warner
Cable was too limited to make a recommendation to the Council,
and most of their rates are higher than the five other cities
surveyed by the staff.
Bakersfield, California, November 29, 1976 - Page
339
Councilman Christensen stated that he would vote in the
negative on a rate increase because the information given by Warner
Cable TV was not sufficient enough to render an intelligent
decision.
Councilman Rogers made a motion that the matter of a
request for rate increase from Warner Cable TV, Inc., be continued
until such time as additional information can be made available
from the California Community Television Association and the County
of Kern, and this data is to be given to the Budget Review and
Finance Committee for study and report back to the Council.
During discussion, Councilman Rogers altered his motion
that the hearing on a request from Warner Cable TV, Inc. for a
rate increase be continued until such time as they can provide
answers to questions that they were not able to answer tonight
and then the Budget Review and Finance Committee review this data
and make a recommendation to the Council.
Mr. Tryggestad stated that if enough information was not
provided to the staff it was not intentional and they will be
happy to provide whatever additional information is requested as
soon as possible.
Councilman Medders stated that it is hard to explain to
the people in the 5th Ward why Warner Cable TV rates are higher
than Bakersfield Cable TV and he cannot support this request for
another rate increase.
After further discussion, Councilman Rogers again altered
his motion that this public hearing be continued until December 13,
1976, so the additional information can be studied and at that
time the Council will consider the request from Warner Cable TV,
Inc. for a rate increase.
Councilman Christensen offered a substitute motion that
the matter of a rate increase for Warner Cable ?V, Inc. be voted
upon tonight.
34O
Bakersfield, California, November 29, 1976 - Page 13
Councilman Strong stated that he cannot see how the
Council can vote for or against this matter without adequate
information and that is the reason for the motion to continue
the public hearing until December 13th.
After discussion, Councilman Christensen's substitute
motion that the matter of a rate increase for Warner Cable TV,
Inc. be voted upon tonight, was approved by the following roll
call vote:
Ayes: Councilmen Sceales, Barton, Bleecker, Christensen,
Noes: Councilmen Strong, Rogers
Absent: None
Upon a motion by Councilman Barton, based on the infor-
mation that was made available to the Council at this time, rate
increase as requested by Warner Cable TV, Inc., was denied by the
following roll call vote:
Ayes:
Noes:
Absent:
Medders
Councilmen $ceales, Barton, Bleecker, Christensen, Medders
Councilmen Strong, Rogers
None
Councilman Sceales stated that he voted to deny the rate
application,
Adjournment.
There being no further business to come
upon a motion by Councilman Christensen,
at 10:30 P. M. '~y~e
MA rsfield,
adequate information from Warner's
does not prevent them from submitting
hopefully with more detailed data.
before the
the meeting was
Calif.
increase because of lack of
home office and this denial
another
Council,
adjourned
ATTEST:
C Y/CLERK ahd~ ~Ex~O~i~c.i~o~Clerk of the Council
of the City of Bakersfield, California
ma