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HomeMy WebLinkAbout02/07/1977 MINUTES CCBakersfield, California, February 7, 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., February 7, 1977. 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 Barton, Medders, Absent: None Bleecker, Christensen, Rogers, Sceales, Strong Minutes of the regular meeting of January 31, 1977 were approved as presented. Correspondence. Upon a motion by Councilman Strong, Mike Saba, 3512 Pinehurst, constructed in Bakersfield, Auditorium-Recreation Manager for reply. communication from suggesting that a Skateboard Park be was received and referred to the Scheduled Public Statements. Mr. Lacy Henry, Executive Director of the Kern County Economic Opportunity Corporation, presented a directory of their services to the Council and commented on seating procedures of newly appointed members of the Board of Directors. Reports. Councilman Medders, Chairman of the Budget Review and Finance Committee, read Report No. 1-77 regarding Requests from Sani-Tainer, Inc., regarding Downtown Refuse Collection Contract, as follows: This Co~nittee has reviewed the letter from Sani-Tainer, Inc., which requested the following: 1. Increasing their compensation under the provisions of the contract. 2. Extending the term of the contract. 3. Expanding the service area. Bakersfield, California, February 7, 1977 - Page 2 431 As the Council may recall, effective August 1, 1972, the City awarded the contract for refuse collection in the downtown commercial area to Consolidated Waste Disposal, Inc. for a period of five years and, if mutually agreed to, up to an additional five years. In May, 1976, the Council approved the transfer of this contract to Sani-Tainer, Inc. The contract provisions dealing with compensation require that beginning the third year of the contract an annual review be made of compensation. The review shall be based upon changes in the Consumer Price Index. In August, 1976, the Director of Public Works indicated to the contractor that he would not recommend a rate increase to the Council due to unsatisfactory service. The City had received many complaints of missed service and property damage by the contractor's equipment. In addition, collection problems occurred as a result of personnel and mechanical breakdowns. However, since that time the contractor has improved the level of service in the area to the point where the staff and this committee feel that a rate increase is now justified. We therefore recommend that effective December 1, 1976, the compensation to Sani-Tainer be increased by 6.6% which amounts to approximately an additional $4,100 through the end of this fiscal year. These funds are included in the 1976-77 budget. Regarding Sani-Tainer's other two requests, extending the term of the contract and expanding their service area, this committee will be investigating some alternatives in these matters and thus, has no recommendation at this time. Upon a motion by Councilman Medders, Report No. 1-77 of the Budget Review and Finance Committee regarding Requests from Sani-Tainer, Inc., regarding Downtown Refuse Collection Contract, was accepted; and increase of 6.6% to Sani-Tainer, Inc., effective December 1, 1976, was approved. Councilman Bleecker, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 2-77 regarding Police Department Elections, as follows: The staff at the director of the Governmental Efficiency and Personnel Committee, met last week with representatives of the International Brotherhood of Police Officers, Local 571, and Mr. Herb Thorne of the State Conciliation Service, regarding an election in this city's Police Unit. Since IBPO was the only organization requesting recognition, agreements were reached 4 3 o Bakersfield, California, February 7, 1977 - Page 3 whereby this election will be held on Monday, February 14, 1977, from 6:00 a.m. to 8:30 p.m., at the City Police Department, under the supervision of the State Conciliation Service. Upon a motion by Councilman Bleecker, Report No. 2-77 of the Governmental Ef£iciency and Personnel Committee regarding Police Department Elections, was accepted. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2901 to 2992, inclusive, in the amount of $332,755.63. (b) Claim for Damages from Richard G. Montiel, P.O. Box 107, Tehachapi, California. (Refer to City Attorney) (c) Street Right-of-Way Deed from George G. and Mildred L. McCourry providing necessary right-of-way on Planz Road for development at 3300 McCourry Street. (d) Notice of Completion and Acceptance of Work on street and sewer improvements under Tract No. 3768 - Contract No. 76-92 with Westwind Joint Venture. (e) Notice of Completion and Acceptance of Work on street and sewer improvements under Tract No. 3802 - Contract No. 76-28 with Moreland Engineering, Inc. (f) Application for Encroachment Permit from Mission Linen Supply, 720 - 20th Street, Bakersfield. Upon a motion by Councilman Christensen, items (a), (b), (c), (d), (e) and (f) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Barton, Bleecker, Christensen, Medders, Rogers, Sceales, Strong Noes: None Absent: None New Business. First reading and referral of an Ordinance of the Council of the City of Bakersfield amending Sections 11.04.790, 11.12.110 and ll.16.130, repealing Subsection (c) of Section 11.04.795 and adding Section 11.17.082 to Title ll of the l~uni- cipal Code concerning Traffic in the City of Bakersfield. Bakersfield, California, February 7, 1977 - Page 4 433 This ordinance would make violations of City Traffic Ordinances infractions instead of misdemeanors. Infractions are punishable by fine only and are triable by Court Referees instead of jury. It was suggested by Committee on Court Reorganization and Judge of Municipal Court. Councilman Strong requested that the City Attorney obtain a copy of the report, if one is available, made by the Committee on Court Reorganization regarding making traffic and animal violations infractions instead of misdemeanors. Councilman Strong also requested that the City Attorney find out how many cities have adopted ordinances making traffic and animal violations infractions instead of misdemeanors. After discussion, upon a motion by Councilman Barton, Ordinance of the Council of the City of Bakersfield amending Section 11.04.790, ll.12.110 and 11.16.130, repealing Subsection (c) of Section 11.04.795 and adding Section 11.17.082 to Title ll of the Municipal Code concerning Traffic in the City of Bakersfield, was considered given first reading and referred to the Governmental Efficiency and Personnel Committee for research and recommendation back to the Council, by the following roll call vote: Ayes: Councilmen Barton, Bleecker, Christensen, Medders, Rogers, Sceales, Strong Noes: None Absent: None First reading and referral of an Ordinance of the Council of the City of Bakersfield amending Section 9.08.250 of Chapter 9.08 of the Municipal Code concerning Penalty for Violation of Animal Control Ordinance. This ordinance would make violations of the City Animal Control Ordinance ("leash law", license, vaccination), infractions instead of misdemeanors. Infractions are punishable by fine only and are triable by Court Referees instead of jury. It was suggested by Committee on Court Reorganization and Judge of Municipal Court. Bakersfield, California, February 7, 1977 - Page 5 Ayes: Noes: None Absent: None After discussion, upon a motion by Councilman Barton, Ordinance of the Council of the City of Bakersfield amending Section 9.08.250 of Chapter 9.08 of the Municipal Code concerning Penalty for violation of Animal Control Ordinance, was considered given first reading and referred to the Governmental Efficiency and Personnel Committee for research and recommendation back to the Council, by the following roll call vote: Councilmen Barton, Sceales, Bleecker, Christensen, Medders, Rogers, Strong Adoption of Resolution No. 12-77 of the Council of the City of Bakers- field specifically authorizing certain City Officials to have access to State and Local Summary Criminal History Information. This resolution would allow the City Manager and City Attorney access to criminal records for purpose of reviewing applications for employment, licenses and permits. Upon a motion by Councilman Medders, Resolution No. 12-77 of the Council of the City of Bakersfield specifically authorizing certain City Officials to have access to State and Local Summary Criminal History Information, was adopted by the following roll call vote: Ayes Noes Absent: Abstaining: on this on this Council of the City of Bakersfield on the Councilmen Barton, Bleecker, Medders, Councilman Christensen None Councilman Strong Councilman Strong stated that he abstained from voting resolution until more information is available. Councilman Christensen stated he voted in the negative resolution because he would like more information. Hearings. This is the time set for public hearing before the initiated action by the Rogers, Sceales Bakersfield, California, February 7, 1977 - Page 6 435 Planning Commission to Zone Upon Annexation to an FP-P (Flood Plain Primary), to an FP-S (Flood Plain Secondary), to an "A" (Agricultural) and to an MH (Mobilehome), or more restrictive, Zones, those certain properties in the County of Kern located contiguous to the northern boundary of the City of Bakersfield, between Golden State Highway on the west and the northerly extension of Wenatchee Avenue on the east, known as Kern River No. 4 Annexa- tion. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This proposed zoning upon annexation is predominately river bottom and contains 761.12 acres of land. The boundaries are more particularly delineated on a map attached to the Planning Commission Resolution and City Council Ordinance and by such reference it has the same effect as a legal description o£ the territory. The Planning Commission found that the proposed zoning upon annexation would be consistent with the General Plan and recommended approval of the zoning as delineated on the map. Mayor Hart declared the hearing open for public partici- pation. Mr. Dave Gotchin and Mr. James Reed questioned the Council regarding the annexation of this property. No further protests or objections being received, Mayor Hart closed the public portion of the hearing for Council delibera- tion and action. Upon a motion by Councilman Rogers, Ordinance No. 2318 New Series amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield and finding said Zoning Upon Annexation consistent with the General Plan, was Bakersfield, California, February 7, 1977 - Page 7 adopted by the following roll call vote: Ayes Councilmen Barton, Bleecker, Christensen, Medders, Noes Absent: Rogers, None None This Sceales, Strong 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 an FP-P (Flood Plain Primary), to an FP-S (Flood Plain Secondary), to an (Agricultural) and to an R-1 (One Family Dwelling), or more restrictive, Zones, those certain properties in the County of Kern located contiguous to the westerly boundary of the City of Bakers- field and extending westerly along both sides of Stockdale Highway to the Stockdale Highway Bridge over the Kern River, known as Kern River No. 5 Annexation. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This proposed zoning upon annexation is predominately river bottom and contains 548.73 acres of land. The boundaries are more particularly delineated on a map attached to the Planning Commission Resolution and City Council Ordinance and by such reference it has the same effect as a legal description of the territory. As delineated on the map the Planning Commission con- curred with the request of the landowner of the proposed "A" Zone to zone a portion of this parcel R-1. The Planning Commission found that the proposed zoning upon annexation would be consistent with the General Plan and recommended approval of the zoning as delineated on the map. 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. Bakersfield, California, February 7, 1977 - Page 8 437 Upon a motion by Councilman Medders, Ordinance No. 2319 New Series amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield and finding said Zoning Upon Annexation consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Barton, Sceales, Noes: None Absent: None Bleecker, Christensen, Medders, Rogers, Strong Adjournment. There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 9:00 P.M. Calif. ATTEST: CITY C n lerk of the Council of the City of Bakesfield, California ma