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
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