HomeMy WebLinkAbout01/17/1977 MINUTES CCBakersfield, California, January 17, 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 17, 1977.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Reverend James Davis
of the First Congregational Church.
Absent:
The City Clerk called
Mayor Hart.
the roll as follows:
Councilmen Rogers, Sceales, Strong, Barton,
Bleecker, Christensen, Medders
None
Minutes of the regular meeting of January 10,
1977 were
approved as presented.
Correspondence.
Upon a motion by Councilman Rogers, communication from
Bakersfield Cable TV, Inc., regarding progress report on updating
of their cable service, was received and ordered placed on file.
Council Statements.
Councilman Barton commented on a report from the City
Manager regarding Community Development Block Grant Application.
After a lengthy discussion, Councilman Barton made a
motion that the staff be authorized to proceed with the preparation
of the application for Community Development Block Grant Funds
with the understanding that H.U.D. personnel will be available to
answer any questions of the Council.
After further discussion, Councilman Rogers made a
substitute motion that the staff time, instead of making appli-
cation for Community Development Funds, be used for preparing
letters to each U. S. Senator and Representative expressing the
Council's displeasure of having the tax money of the citizens
of Bakersfield sent back from Washington, D.C., with a great loss
along the way, and told the funds can only be used under the terms
and guidelines set down by someone in Washington who thinks he
knows more about what the people in Bakersfield need or want.
Bakers£ield, California, January 17, 1977 - Page 2
This motion failed to carry by the following roll call vote:
Ayes: Councilman Rogers
Noes: Councilmen Sceales, Strong, Barton, Bleecker, Christensen,
Medders
Absent: None
Councilman Bleecker made a substitute motion that H.U.D.
officials, Mr. Roland Camfield, Area Director, Mr. Herb Roberts,
Director of Community Planning and Development or Mr. Mack Hopkins,
Field Representative, be invited to Bakersfield sometime this week
or next week in order to clarify some of the questions the Council
has about the Community Development Funds. This motion carried
by the following roll call
Ayes:
Noes:
Absent:
Councilmen Rogers,
Councilmen Barton,
None
vote:
Sceales, Strong, Bleecker, Medders
Christensen
Upon a motion by Councilman Rogers, the City Manager was
appointed as Administrative Agent for the administration of the
City of Bakersfield's four water contracts with Kern-Tulare Water
District (Contract No. 76-61), Cawelo Water District (Contract No.
76-62), Rag-Gulch Water D~strict (Contract No. 76-63) and North
Kern Water Storage District (Contract No. 76-89) regarding the
purchase of the Kern River Water Rights.
Upon a motion by Councilman Rogers, Mr. M. James Sughrue,
Jr., 3815 Columbus Street, Apt. 5, was appointed to fill a vacancy
on the Miscellaneous Departments Civil Service Board created by
the resignation of James F. Flinn, term expiring December 31, 1980.
Upon a motion by Councilman Bleecker, Dr. Stephen
Montgomery, 123 Miner Street, was reappointed to the Board of
Charity Appeals and Solicitations, term expiring October 1, 1980.
Upon a motion by Councilman Bleecker, Mrs. Rachel Gamez,
3021 Crest Drive, was appointed to the Bakersfield 2000 Citizens
Congress.
Bakersfield, California, January 17, 1977 - Page 3
413
Upon a motion by Councilman Rogers, Mrs. Helen B. Rurup,
3020 Loma Linda Drive, was reappointed to the Citizens Auditorium-
Recreation Committee, term expiring January 3, 1985.
Reports.
Councilman Strong, Chairman of the Auditorium-Recreation
Committee, read Report No. 1-77 regarding Proposed Use of Available
State Park Funds, as follows:
The City Council has referred to this committee
a report £rom the City Manager regarding the
proposed use of state park funds which became
available by state legislation. The report
contained recommendations £or the use of these
funds for park improvements at Lowell and
Beach Parks, 75% of the cost to be financed
by State Grant Funds and 25% from City funds.
The suggested Lowell Park improvements included
the acquisition of four single-family dwellings
in order to enlarge the park area. The City
Council and staff felt the property owners
should first be contacted to determine their
feelings regarding the sale of their properties
and relocation. The staff has now discussed
this matter with each of the property owners
and two are willing to sell their properties,
but the other two are not. As a result, this
committee feels that the wishes of the two
property owners who do not want to sell their
properties should be respected and the portion
of the Lowell Park project involving the
enlarging of the park area be dropped.
However, the committee feels that the other
suggested improvements at Lowell Park--lighting
and family picnic nooks--are necessary and
should be made and also recommends that the
following additional improvements at Lowell
Park--shelter and concrete slab and aluminum
tables and planks be substituted in the grant
application for the land acquisition.
The committee therefore recommends the following:
The staff be authorized to apply for State
Park Funds under the Urban Open-Space and
Recreation Program for improvements at
Lowell and Beach Parks as detailed in
Attachment I to this report and the Council
approve the attached resolution (Attach-
ment II) authorizing this application.
The City's share of these improvements in
the amount of $16,300 be included in the
1977-78 Capital Improvement Budget.
Upon a motion by Councilman Strong, Report No. 1-77 of
the Auditorium-Recreation Committee regarding Proposed Use of
414
Bakersfield, California, January 17, 1977 - Page 4
Available State Park Funds, was accepted; the staff was authorized
to apply for State Park Funds under the Urban Open-Space and
Recreation Program for improvements at Lowell and Beach Parks as
detailed in Attachment I to the report; and inclusion of the
City's share of these improvements in the amount of $16,300 in
the 1977-78 Capital Improvement Budget, was approved.
Adoption of Resolution No. 6-77 of
the Council of the City of Bakers-
field approving the Block Grant
Application for Grant Funds under
the Urban Open-Space and Recreation
Program for improvements at Lowell
and Beach Parks.
Upon
of the Council
a motion by Councilman Strong, Resolution No. 6-77
of the City of Bakersfield approving the Block Grant
Application for Grant Funds under the Urban Open-Space and
Recreation Program for improvements at Lowell and Beach Parks,
adopted by the following roll call vote:
Councilmen Rogers, Sceales, Strong, Barton, Bleecker,
Christensen, Medders
Ayes:
Noes None
Absent: None
Acting Public Works Director Hawley read a report
regarding Downtown Refuse Collection Contract. as follows:
Sani-Tainer, Inc. currently has Contract No.
65-72 with the City for refuse collection in
the downtown area. The contract expiration
date is July 31, 1977; however, it contains
an option for extension beyond this date.
Sani-Tainer, Inc. has submitted a letter to
the Director of Public Works requesting the
following:
Increasing the compensation under the
provisions of the contract and as based
on the Consumer Price Index.
2. Extending the term of the contract.
3. Expanding the service area.
It is recommended this request be referred to
the Budget Review and Finance Council Committee
for study prior to Council action.
was
Bakersfield, California, January 17, 1977 - Page 5
415
Upon a motion by Councilman Rogers, requests from Sani-
Tainer, Inc. regarding their Contract No. 65-72 with the City of
Bakersfield £or Downtown Refuse Collection, was referred to the
Budget Review and Finance Committee for study prior to Council
action.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2561 to 2635,
inclusive, in the amount of $45,235.72.
(b)
Claim for Damages from Pauline McDowell,
232 Augusta Street, Bakersfield. (Refer
to City Attorney)
(C
Grant Deed from Parr Investment Company
providing property under the option
exercised by the Council on December 6,
1976 for purchase of new park site at
intersection of University Avenue and
Camden Street.
(d
Street Right-of-Way Deed from Edward and
Vivian Navarro providing necessary right-
of-way for the extension of Coventry
Street as required by Parcel Map No. 3293.
(e
Street Easement from Tenneco Realty
Development Corporation providing street
right-of-way as required by Planning
Commission for Parcel Map No. 3673.
(f)
Notice of Completion and Acceptance of
Work on street improvements under Tract
No. 3505 - Contract No. 75-122 with
Tenneco Realty Development Corporation.
Notice of Completion and Acceptance of
Work on street improvements under Tract
No. 3743 - Contract No. 76-3 with Chester
Village, Inc.
(h)
Notice of Completion and Acceptance of
Work on street improvements under Tract
No. 3784 Contract No. 76-44 with
Tenneco Realty Development Corporation.
(i)
Notice of Completion and Acceptance of
Work on installation of Tennis Court
Lighting at Centennial Park and Wayside
Park courts - Contract No. 76-90 with
Dean Clark Electric.
(J)
Map of Tract No. 3831 and Improvement
Agreement for construction of improve-
ments therein - located on the west side
of Hughes Lane north of White Lane.
Bakersfield, California, January 17, 1977 - Page 6
(e), (d),
Calendar,
Ayes:
Noes:
Absent:
(k)
Improvement Agreement for Parcel ~ap No.
3673 with Tenneco Realty Development
Corporation.
Upon a motion by Councilman Christensen,
(e), (f), (g), (h), (i), (j) and (k) of
were adopted by the following roll call
Councilmen
None
None
Company, Inc.
bids rejected.
Rogers, Sceales, Strong, Barton,
Christensen, Medders
Action on Bids.
Upon a motion by Councilman Medders,
for two Street Sweepers,
items (a), (b),
the Consent
vote:
Bleecker,
low bid of M-B
was accepted and all other
New Business.
Adoption of Resolution No. 7-77 of
the Council of the City of Bakers-
field opposing any attempt to change
the method of collection and dis-
tribution of the Uniform Sales and
Use Tax under the Bradley-Burns
Uniform Local Sales and Use Tax law.
Upon a motion by Councilman Medders, Resolution No. 7-77
of the Council of the City of Bakersfield opposing any attempt to
change the method of collection and distribution of the Uniform
Sales and Use Tax under the Bradley-Burns Uniform Local Sales and
Use Tax Law, was adopted by the following roll call vote:
Councilmen Rogers, Sceales, Strong, Barton, Bleecker,
Christensen, Medders
None
None
Ayes
Noes
Absent:
Hearings.
This is the time set for public hearing before the Council
to consider the adoption of an Ordinance of the Council of the City
of Bakersfield amending Chapters 14.01 and 14.04 of the Municipal
Code concerning Fire Prevention and adopting the Uniform Fire Code,
1976 Edition, with amendments as hereinafter provided.
Bakersfield, California, January 17, 1977 - Page 7
417
This hearing has been duly advertised and no written
protests or objections have been filed in the City Clerk's office.
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 B~eecker, Ordinance No. 2317
New Series of the Council of the City of Bakersfield amending
Chapters 14.01 and 14.04 of the Municipal Code concerning Fire
Prevention and adopting the Uniform Fire Code, ~976 Edition, with
amendments as hereinafter provided, was adopted by the following
roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, B~eecker,
Christensen, Medders
Noes: None
Absent: None
This is the time set for deferred public hearing on an
appeal by Lamon A. Carter, et al to the decision of the Board of
Zoning Adjustment approving a Conditional Use Permit application
by Nilda Muzinich to permit the construction of an additional
dwelling unit on a 10,098 square-foot lot on that certain property
commonly known as 622 E1 Sereno Drive.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law. This hearing was rescheduled from the Council Meeting of
December 20, 1976, due to the illness of Nilda Muzinich.
One written protest has been received in the City Clerk's
office from Ernest Arp, 617 E1 Sereno Drive.
On November 9, 1976 the Board of Zoning Adjustment approved
the Conditional Use Permit based on the following findings:
1. Subject lot, along with all the other lots
within the block are long and narrow (51
by 198 feet). Five lots within the block,
including adjacent lots to the north and
south, have additional dwelling units
constructed on the rear portion.
Bakersfield, California, January 17, 1977 - Page 8
pation.
No one appeared at the hearing in opposition
to the requested Conditional Use Permit.
Mayor Hart declared the hearing open for public partici-
Mr. Lamon Carter, 712 South Chester Avenue and representing
the 15 property owners who filed the appeal, stated they are
objecting to the granting of this Conditional Use Permit because
of parking problems and lack of an alley.
Mr. Paul Dennis, representing P.H.D. Construction Company
and Nilda Muzinich the applicant, spoke in favor of granting the
permit.
Nilda Muzinich submitted a petition from three neighbors
they do not object to the additional dwelling on her
stating that
lot.
No
further protests or objections being received, the
public portion of the hearing was closed for Council deliberation
and action.
Upon a motion by Councilman Sceales, Zoning Resolution
No. 252 Granting Conditional Use Permit to permit the construction
of an additional dwelling unit on a 10,098 square foot
certain property commonly known as 622 E1 Sereno Drive,
by the following roll call vote:
Councilmen Rogers, Sceales, Strong, Barton,
Christensen, Medders
Ayes:
Noes:
Absent:
lot on that
was adopted
Bleecker,
None
None
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Christi~/ the meeting was
adjourned at 9:40 P. M. MA'/~O~ -~ "~~
MA O~of~the City 'of Bakersfield, Calif.
ATTESTs: ~ ,/ /'~
CITY CLRRK and Ex-pffiicio Clerk of the Council
of the City of Bak~e~sfield, California
ma