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HomeMy WebLinkAbout01/10/1977 MINUTES CC4O2 Bakersfield, California, January 10, 1977 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., January 10, 1977. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Reverend Harry Dutt of the First United Methodist Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Medders, Rogers, Sceales, Strong, Barton, Bleecker, Christensen Minutes of the regular meeting of January 3, 1977 were approved as presented. Presentation of Retirement Plaques. Mayor Hart presented a retirement plaque to Mr. Woodrow Walck of the Public Works Department, who completed 31 years o£ service with the City of Bakersfield, effective December 31, 1976. Mayor Hart presented a retirement plaque to Mr. Horace Willis of the Public Works Department, who completed 26 years of service with the City of Bakersfield, effective January l, 1977. Scheduled Public Statements. Mr. Arthur F. ?ognini, 1942 Terrace Way, representing the Kern County Liberty Bell Foundation, presented a Certificate of Appreciation to the Bakersfield Police Department for their help during the dedication of the Liberty Bell. Mr. George Valos, 1921 University Avenue, representing the Kern County Bicentennial Committee, presented a Certificate of Appreciation to the Bakersfield Police Department for the time they contributed to the Bicentennial Celebrations during the year 1976. Correspondence. Upon a motion by Councilman Sceales, communication from John R. Miner, 1951 Golden State Avenue, Apt. #7, regarding the destruction of his dog at the Dog Pound, was received and referred to the staff for referral to the Kern County Health Department. Absent: None Bakersfield, California, January 10, 1977 - Page 2 Councilman Rogers read a letter he received from Bradley T. Ritter conveying his sincere appreciation to the Council for allowing him to serve on the Police Department Civil Service Commission for the year 1976. Mayor Hart stated that he would send a letter of apprecia- tion to Mr. Ritter for his year of service on the Police Department Civil Service Commission. Council Statements. Councilman Christensen announced that he appointed Mr. Eston W. Reynolds, 4 Montrose Street, to the Bakersfield 2000 Citizens Congress. Councilman Rogers announced that he appointed Mr. Jeff Wattenbarger, 1616 North Chester Avenue, to the Bakersfield 2000 Citizens Congress. Councilman Sceales announced that he appointed Mrs. Jean L. Sheldon, 1325 Thunderbird Street, to the Bakersfield 2000 Citizens Congress. Councilman Barton announced that he appointed Mr. William 5104 Stormy Court, to the Bakersfield 2000 Citizens C. Collup, Congress. Upon a motion by Councilman Rogers, Mr. Gerald Van Horn, 2901 Panorama Drive, was appointed to £ill the vacancy on the Planning Commission created by the death of Walt Smith, term expiring April 17, 1978. Upon a motion by Councilman Medders, Mrs. Margaret E. Ackerman, 2701 Beech Street, Mr. Leonard Bruns, 116 Cypress Street and Diane Meyer, 156 Pasatiempo Drive, were reappointed to the Board of Charity Appeals and Solicitations, terms expiring October l, 1980. Councilman Medders suggested that the Legislative Com- mittee look into a resolution that was received from the City of Compton opposing the redistribution of Sales Tax Revenues on the basis of population. 404 Bakersfield, California, January 10, 1977 - Page 3 Upon a motion by Councilman Rogers, the City Attorney was instructed to draft a resolution supporting the City of Compton's opposition to the redistribution of Sales Tax Revenues to the Council for on the basis of population, and submit it adoption next week. (c), (d), by the Ayes Noes Absent: Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2452 to 2559, inclusive, in the amount of $465,425.81. (b) Street Easement from Bonneville Corpora- tion, 500 Oak Street, providing additional 10 feet of right-of-way width for alley along State Route 58 east of Olive Street. (c) Notice of Completion and Acceptance of Work on construction of Stine Canal Culvert at Planz Road - Contract No. 76-127 with P. R. Field, Inc. (d) Application for Encroachment Permit from Jess W. Holmes, 3810 Century Drive. (e) Application for Encroachment Permit from Wayne G. Nelson, 730 - 31st Street. (f) DELETED (g) (h) Communication from the Kern County Board of Supervisors, dated December 29, 1976, notifying the Council that the County of Kern intends to consider one or more contracts under the provisions of the California Land Conservation Act of 1965, also known as the Williamson Act. Time for consideration of such contracts has been fixed for Tuesday, February 15, 1977. (Refer to DeveIopment Services Department) Request from Hill Top Developers, Inc., for annexation of property located north of and adjacent to Harris Road, approxi- mately 966 feet east of Stine Road and containing 30.8 acres of land, proposed to be developed into 71R-1 residential lots. (Refer to Planning Commission for study and recommendation) Upon a motion by Councilman Christensen, Items (a), (b), (e), (g) and (h) of the Consent Calendar, were adopted following roll call vote: Councilmen Medders, Rogers, Sceales, Strong, Barton, Bleecker, Christensen None None Bakersfield, California, January 10, 1977 - Page 4 405 W. Wood and Sons, Inc. Access, was accepted, authorized to execute Action on Bids. Upon a motion by Councilman Bleecker, low bid of Clyde for Carrier Canal Culvert, Corporation Yard all other bids rejected and the Mayor was the contract. Deferred Business. Adoption of Ordinance No. 2313 New Series of the Council of the City of Bakersfield amending Chapter 7.44, Massage Services and Massage Estab- lishments. Upon a motion by Councilman Bleecker, Ordinance No. New Series of the Council of the City of Bakersfield amending 2313 Chapter 7.44, adopted by the following roll call Ayes: Noes: Absent: Massage Services and Massage Establishments, was Councilmen Medders, Bleecker, None None vote: Rogers, Sceales, Strong, Barton, Christensen Adoption of Ordinance No. 2314 New Series amending Chapter 5.20 of the Municipal Code by adding Section 5.20.125 (revision of Purchasing Ordinance regarding California Water Service Company's operation of Ashe Water Service) Assistant City Manager Buell reported that he had met with Mr. Don Winlack, General Manager of California Water Service Company, to get an idea of their purchasing procedures, and how they would relate to the management contract and the City's Purchasing Ordinance. Mr. Winlack indicated that there are basically two parts to the agreement; first maintenance costs, both daily and emergency; costs. Capital expenditures in the budget, the operation and and second the capital approved by the Council, over $2,500.00 will be bid and installed by the City. Capital items under $2,500.00 will be bid and installed locally by Cal Water and they will, at their option, draw either from local sources or their master warehouse stock located in San Jose. Cal Water 406 Bakersfield, California, January 10, 1977 - Page 5 feels there is an advantage in drawing from stock in San Jose because they buy state-wide on large volumes and frequently get a better price. However, Mr. Winlack assured the City that they would make every attempt to do the majority of purchasing locally. Councilman Rogers made a motion to adopt the Ordinance amending Chapter 5.20 of the Municipal Code by adding Section 5.20.125 (revision of Purchasing Ordinance regarding California Water Service Company's operation of Ashe Water Service). Councilman Bleecker made a substitute motion that any Capital Improvement items be put out to bid locally if there are suppliers in this area. City Attorney Hoagland stated that unless this ordinance is adopted California Water Service Company cannot even make emergency repairs without going through the City's Purchasing Department. This ordinance will allow them to do those things they have contracted to do and without it they will be in violation of the Purchasing Ordinance. Councilman Bleecker stated that all he is trying to do is make sure businesses in and around the City of Bakersfield get a fair chance to bid on capital purchase items only. City Attorney Hoagland stated that what Councilman Bleecker is suggesting is an amendment to the contract with California Water Service Company for the operation of Ashe Water Service, not an amendment to the proposed ordinance. After discussion, Councilman Bleecker withdrew his substitute motion. Councilman Rogers' New Series amending Chapter motion to adopt Ordinance No. 2314 5.20 of the Municipal Code by adding Section 5.20.125 (revision of Purchasing Ordinance regarding California Water Service Company's operation of Ashe Water Service), carried by the following roll call vote: Ayes: Noes: Absent: Councilmen Medders, Rogers, Sceales, Strong, Barton, Bleecker, Christensen None None Bakersfield, California, January 10, 1977 - Page 6 407 Councilman Bleecker made a motion that a Minute Order be adopted that the City's Water Department be instructed to see that all capital purchase items, on behalf of the City, by California Water Service Company for Ashe Water Service, be put out to competitive bid in Kern County. Councilman Rogers stated that limiting the bids to local suppliers could work to the City's disadvantage financially; it should be placed competitively to anyone who wants to submit a bid whether local or not. Councilman Bleecker stated that he did not want to exclude outside competition, he just wants to make sure that local people have an opportunity to bid on a sealed basis. After discussion Councilman Bleecker restated his motion that a Minute Order be adopted that the City's Water Department be instructed to see that all capital purchase items, on behalf of the City, by California Water Service Company for Ashe Water Service, be put out to competitive bid locally and other places. City Attorney Hoagland, in answer to a question by Councilman Strong, stated that Councilman Bleecker's motion contravenes the existing contract with California Water Service Company for the operation of Ashe Water Service. Councilman Bleecker withdrew his motion. New Business. Adoption of Resolution No. 5-77 of the Council of the City of Bakers- field consenting to the commencement of proceedings for annexation of described territory. (Fairfax No. l) This resolution will initiate proceedings for the tion of territory known as "Fairfax No. 1." Upon a motion by Councilman Rogers, Resolution No. of the Council of the City of Bakersfield consenting to the ment of proceedings for annexation of described territory annexa- 5-77 commence- (Fairfax 408 Bakersfield, California, January 10, 1977 - Page 7 No. 1), was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Sceales, Strong, Barton, Bleecker, Christensen Noes: None Absent: None Approval of Memorandum Agreement for Hydrospect II between Kern County Water Agency, Buena Vista Water Storage District, Hacienda Water Storage District, North Kern Water Storage District and the City of Bakersfield. Hydrospect is a river run-off forecast service which the various interests on the river have cooperatively contracted for over the past several years. The City's Water Consultant and members of the Water Department have reviewed the agreement and recommend that it be approved. The City'$ portion of the agreement would be $932.00. Upon a motion by Councilman Rogers, Memorandum Agreement between Kern County Water Agency, Buena Vista Water Storage District, Hacienda Water Storage District, North Kern Water Storage District and the City of Bakersfield for Hydrospect II, was approved and the Mayor was authorized to execute same. Hearings. This is the time set for public hearing on application by K. A. Shelton, Inc. to amend the zoning boundaries from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Development), or more restrictive, Zone, on that certain property in the City of Bakersfield commonly known as 2201 Brite Street. (Negative Declaration posted on December 2, 1976) This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. Subject parcel is 1.1 acres and is an area zoned and developed R-1. The proposed P.U.D. will have ten single family dwelling units designed for people over 50 years of age or older Bakersfield, California, January 10, 1977 - Page 8 with no children. The overall occupancy of this development would be 17 persons based on a similar complex within the City. The Planning Commission recommended approval of the P.U.D. as per plans and elevations submitted and made a part of the zone change. No one appeared at the Planning Commission hearing in opposition to the proposal. Vice-Mayor Bleecker declared the hearing open for public participation. Mr. Kenneth Shelton, the applicant, was present to answer questions of the Council. 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. 2315 New Series of 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 property commonly known as 2201 Brite Street and making findings in connection with P.U.D. Zone, 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 ?ejon Valley Company to amend the zoning boundaries from an "A" (Agricultural) Zone to a MH (Mobilehome), or more restrictive, Zone, on that certain property in the City o£ Bakersfield located on the northwest corner of Harris Road and Stine Road. (Negative Declaration posted on December 2, 1976) This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. Subject property is 35.3 acres in area and is presently undeveloped. The only surrounding properties that are developed are on the east side of this site. Bakersfield, California, January 10, 1977 - Page 9 have a substantial is consistent with roll call vote: This proposed development will serve as a buffer area between the industrial-zoned property to the north and future suburban residential development to the south. The proposed MH zone would be compatible with the objectives, policies and programs specified in the City's General Plan. No one appeared in opposition to the proposal. The Planning Commission recommended approval of the MH zoning as requested and advertised. Mayor Hart declared the hearing open for public partici- pation. Mr. Alan Harrison, representing Tejon Valley Company, was present to answer questions of the Council. No protests or objec- ~ons being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Sceales, Ordinance No. 2316 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 located on the northwest corner of Harris Road and Stine Road, finding that said zoning would not adverse impact on the environment and that it the General Plan, was adopted by the following Ayes Councilmen Medders, Rogers, Sceales, Strong, Barton, Bleecker, Christensen Noes None Absent: None Adjournment. There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 9:20 P.M. ii ~~~ MA Calif. ATTEST: ,~ Council CITY-~ERK ~io Clerk of the of the City of Bakersfield, California ma