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HomeMy WebLinkAbout02/14/1977 MINUTES CCBakersfield, California, February 14, 1977 Minutes of a regular meeting of the Council of the City o£ Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., February 14, 1977. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Reverend Michael McLellan of the Westminster Presbyterian Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Christensen, Medders, Rogers, Sceales, Strong, Barton Absent: None Minutes of the regular meeting of February 7, 1977 were approved as presented. Scheduled Public Statements. Mr. Roy O'Bar, President of the Greater Bakersfield Chamber of Commerce, presented a report on the activities of the Chamber of Commerce for the past year. Mayor Hart commended Paul London, Equipment Superintendent, and his staff for restoration of City equipment that has resulted in saving thousands of dollars for taxpayers. Correspondence. Upon a motion by Councilman Medders, communication from Maxine St. Clair, 1026½ Quincy Street, regarding the impounding of her vehicle, was received and referred to staff for reply. Council Statements. Upon a motion by Councilman Sceales, Public Works Director J. Dale Hawley was appointed to the Board of Zoning Adjustment, term expiring December l, 1977. Councilman Medders read a letter and petition he received from Mrs. Lupe Negrete, 2412 San Emidio Street, and residents on San Emidio Street, regarding a rodent problem in the area bounded by San Emidio Street, Parkway, Sunset Street and Chester Lane, and requested that the staff contact the Kern County Health Department to investigate and resolve this matter. Bakersfield, California, February 14, 1977 - Page 2 439 Mayor Hart presented a plaque to Mr. Jerry Ward for out- standing service to senior citizens in the City of Bakersfield. Reports. Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 1-77 regarding Lease of Parking Lot at 18th and "K" Streets, as follows: On January 24, Air. Marvin Bales wrote to the City Council requesting permission to lease the public parking lot at 18th and "K" Streets for the purpose of establishing an auto sales market. His request was referred to this Committee for study and recommendation. The auto sales market Mr. Bales proposes would serve as a service to sellers and buyers of privately-owned automobiles, trucks, campers, motor homes, etc. It is his intention to pro- vide a location where the public could meet, display their vehicles, and work out their own terms and agreements regarding a sale. At the Committee's request, the staff contacted both the Police Department, who indicated that such a sale did not pose any problems for their operation, and the Downtown Business Association who indicated that they saw no particular problems for such a request. The lot is used very little on Sundays and the use of meters by the public is not required. With this type of operation, this particular lot produces no revenue to the City on Sundays. Mr. Bales' offer is to pay the City $50 a Sunday for the lease of such lot, thus pro- viding some measure of revenue. After substantial discussion by the Committee with Mr. Bales, it is our feeling that the lot should be leased for a trial period of four consecutive Sundays at a rate of $50 per week or l0 percent of the gross lease receipts, whichever is greater. At the end of the four- week period, the lease may be renewed by mutual consent on the same or different terms. A lease agreement that contains these provisions and which Mr. Bales has signed, is attached to the report for your reference, and this Committee recommends that the City Council, as the Parking Authority for the City of Bakers- field, approve the agreement and authorize the Mayor to execute. Councilman Rogers suggested that a provision be added to the Agreement whereby the lessee would be required to clean the parking lot after each use. Bakersfield, California, February 14, 1977 - Page 3 Upon a motion by Councilman Barton, Report No. 1-77 of the Business Development and Parking Committee regarding Lease of Parking Lot at 18th and "K" Street, was accepted; and Lease Agreement with Marvin Bales (California Auto Bloc) for lease of parking lot at 18th and "K" Streets for four consecutive Sundays, commencing February 20, 1977, with a provision that the lessee will be required to clean the parking lot after each use, was approved and the Mayor was authorized to execute same, by the following roll call vote: Ayes: Councilmen Bleecker, Christensen, Medders, Rogers, Strong, Barton Noes: None Absent: None Abstaining: Councilman Sceales Community Development Director Foster read a Status Report on the application for Community Development Block Grant funds, as follows: On January 31, 1977, the Council authorized staff to prepare an application for Community Development Block Grant funds. A preliminary application must be prepared by March 1st for the A-95 process. H.U.D. does not receive this preliminary application. The final application must be submitted by the Council to H.U.D. around April 1, 1977. H.U.D. guidelines for preparing an application require that there be a broad based citizens group involved in the preparation, and that there be a minimum of two public hearings. On February 4th and February 14th, the staff met with the Citizen's Task Force. The Task Force included representatives from eight community organizations. The purpose of the Citizen's Group is to provide input and be involved with the application process. Their comments have been recorded. Public hearings before the Planning Commission have been advertised for this Wednesday, February 16, and the following Wednesday, February 23, 1977, 7:30 p.m. The purpose of the first public hearing is to receive public input; the second is a hearing on the pre- liminary application. Bakersfield, California, February 14, 1977 - Page 4 Based upon the Citizen's Group input, the Planning Commission public hearing, and the 1975 Community Development Plan prepared by Quad Consultants, a preliminary application will be drafted and submitted to Council by the end of this week. Copies of the comments from both the Citizen's Task Force and the public hearing will be provided to the Council. This process is sufficient to meet the H.U.D. guidelines for the A-95 review. However, the Council may wish to hold a meeting for review of the preliminary application before it is sent to the A-95 process. Councilman Bleecker asked what would be the best time for the Council to meet and discuss the public and Council input in regards to the preliminary application for Community Develop- ment Block Grant funds. Community Development Director Foster stated that a Special Council Meeting could be held after the Planning Commission public hearing on February 16th or it could be discussed at the Regular Council Meeting of February 28, 1977. Councilman Christensen made a motion that the Council recess tonight's meeting until 7:00 P. M., Tuesday, February 22, 1977, for the purpose of discussing the public and Council input into the preliminary application for Community Development Block Grant funds. Councilman Sceales offered a substitute motion that the Council recess tonight's meeting until 7:30 P.M., Friday, February 18, 1977, in order to allow the staff time to prepare the minutes and documents from the public hearing, and if possible make them available to the Council twenty-four hours prior to the meeting. City Manager Bergen stated that the staff plans to have the information ready late Friday, but did not feel they would have su£ficient time to prepare documents from the public hearing, for Council perusal, any earlier. Councilman Barton stated that he feels it is very important that the Council fully understand and review the public's comments and ideas before they get involved with proposals for the .442 Bakersfield, California, February 14, 1977 - Page 5 application and requested that Councilman Sceales withdraw his substitute motion. After discussion, Councilman Sceales withdrew his substitute motion. After further discussion, Councilman Bleecker offered a substitute motion that the Council consideration of the preliminary draft for Community Development Block Grant funds be placed on the Agenda for the Council Meeting of February 28, 1977. This motion carried by the following roll call vote: Ayes: Councilmen Bleecker, Rogers, Sceales Noes: Councilmen Christensen, Strong, Barton Absent: None Abstaining: Councilman Medders Pursuant to Section 14 of the City Charter, which states that in case of a tie vote by the Council the Mayor shall cast the deciding vote, Mayor Hart voted Aye. City Manager Bergen reported that in September, 1975, the Sanitation Division coordinated a City-Wide Clean-Up Program to dispose of discarded appliances, used furniture, bulky items, etc., that were not part of the regular collection provided by the City's Refuse Collection and Tree Maintenance Crews. The staff feels it was very successful and with Council direction the Public Works Department has indicated that a similar City-Wide Clean-Up Program can be provided towards the end of March, 1977. Upon a motion by Councilman Bleecker, City-Wide Clean-Up Program for bulky items, that are not part of the regular collection service, for the week of March 21-25, 1977, was approved. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2993 to 3065, inclusive, in the amount of $120,953.21. (b) Claim for Damages from Blaine Carian, 5000 Belle Terrace. (Refer to City Attorney) Bakersfield, California, February 14, 1977 - Page 6 443 (c) Map of Tract No. 3836 and Improvement Agreement for construction of improve- ments therein - located at southeast corner of Freeway Route 178 and Oswell Street. (d) Request from Joseph W. Gilmer, J. Michael Gilmer and Judith Gilmer Anderson for annexation of property located on the south side of Stockdale Highway between Allen Road and Renfro Road. (Refer to Planning Commission for study and recommendation) Upon (c) and (d) of roll call vote: a motion by Councilman Christensen, items (a), (b), the Consent Calendar, were adopted by the following Ayes: Councilmen Bleecker, Christensen, Medders, Rogers, Sceales, Strong, Barton Noes: None Absent: None Results of Police Department's Election to join International Brotherhood of Police Officers, Local 571. Councilman Bleecker announced the results of the Police Department's election to join the International Brotherhood of Police Officers, Local 571, as follows: Police Officers eligible to vote: 124 92 10 102 Ballots Cast for joining I.B.P.O., Local 571: Ballots Cast against joining I.B.P.O., Local 571: Total Votes Cast Action on Bids. Upon a motion by Councilman Medders, 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 Radio Equipment for the Police Department with Motorola Communications and Electronics. 444 Bakersfield, California, February 14, 1977 - Page 7 New Business. Adoption of Resolution No. 13-77 of the Council of the City of Bakers- field making findings and certifying the completion, in compliance with CEQA and Guidelines, of the Final Environmental Impact Report for Rezoning Application No. 2708 (Oswell and Auburn Streets). Mrs. Joy Lane, representing the John L. Compton Junior High School and Ruth Clarke Harding Elementary School P.T.A.'s, read a prepared Joint Statement, dated February 14, 1977, regarding the E.I.R. and zone change hearing scheduled later on in the Council Meeting, which recommended that any proposed zone changes be accompanied by the following: Top priority must be given to construction of adequate walkways and a two-way bikeway on Auburn, by the City of Bakersfield, to be ready for use no later than summer of this year. The City should insure that heavy construc- tion equipment needed in land development will not use Auburn Street during peak school traffic hours. We support the Planning Staff recommenda- tion that budget funds be earmarked in the next budget for the road improvements. We support the recommendation of Highland High School that promises made in con- nection with any improvements should be in written, enforceable form. As these improvements are the mitigation measure for the zone changes, we recommend the City closely monitor the performance of subdividers to insure promises are kept. We support the Planning Commission's recommendation that the corner property be zoned C-~-D and the eastern property R-~-D, rather than the C-2 and R-3 requested by the applicant. Upon a motion by Councilman Rogers, Resolution No. 13-77 of the Council of the City of Bakersfield making findings and certifying the completion, in compliance with CEQA and Guidelines, of the Final Environmental Impact Report for Rezoning Application No. 2708 (Oswell and Auburn Streets), was adopted by the following roll call vote: Ayes: Councilmen Bleecker, Christensen, Medders, Rogers, Sceales, Strong, Barton Noes: None Absent: None Bakersfield, California, February 14, 1977 - Page 8 445 Approval o~ Contract Change Order No. 2 to Contract No. 76-79 with Fred S. Macomber for construction of Corporation Yard Facilities. The Public Works staff has been working with the archi- tect and contractor on some necessary changes and revisions to the contract plans. Items include additions and reductions amounting to a total increase in the contract of $13,841.61, and recommendation of l0 days of additional working time. This change order results in a net increase in the contract price of less than 1% and suffi- cient funds are available in the budget for this project. Upon a motion by Councilman Bleecker, Contract Change Order No. 2 to Contract No. 76-79 with Fred S. Macomber for construction of Corporation Yard Facilities, was approved and the Mayor was authorized to execute same. Approval of Cooperative Agreement between the County of Kern and City of Bakersfield providing the authority for the County to con- struct a bridge on the northbound lanes of Chester Avenue at the Kern River. This agreement provides the County with the authority to construct a bridge structure within the City of Bakersfield. The structure is on the northbound lanes of Chester Avenue at the Kern River. This area was annexed to the City in 1976, but since the County had substantially completed the design for this improve- ment prior to that annexation, their decision was to complete the design and also fund the construction. Upon a motion by Councilman Bleecker, Cooperative Agreement between the County of Kern and City of Bakersfield providing the County with the authority to construct a bridge on the northbound lanes of Chester Avenue at the Kern River, was approved and the Mayor was authorized to execute same. Hearings. This is the time set for public hearing on application by Jim Wattenbarger to amend the zoning boundaries from an R-3-MH-D Bakersfield, California, February 14, 1977 - Page 9 (Limited Multiple Family Dwelling - ~obilehome - Architectural Design) Zone to an MH (Mobilehome), or more restrictive, Zone; from an R-2-D (Limited Multiple Family Dwelling - Architectural Design), Zone to a C-O-D (Commercial and Professional Office - Architectural Design), or more restrictive, Zone; £rom an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone to a C-1-D (Limited Commercial Architectural Design), or more restrictive, Zone; and from an MH (Mobilehome) Zone to a C-2-D (Commercial - Architectural Design), or more restrictive, Zone, affecting that certain property in the City of Bakersfield commonly known as 515, 550 and 1000 West Columbus Street and 4090 San Dimas Street. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. The property proposed for MH zoning is developed with a mobilehome park. The parcels proposed for C-1-D are contiguous to an existing C-1-D zoned and developed parcel. Properties proposed for C-O-D are sandwiched between C-1-D and C-O-D properties. The proposed C-2-D parcel on the north side of West Columbus Street is irregular in shape and is bounded on the east by a P. G. & E. towerline easement and on the north by a mobilehome park. The Planning Commission was of the opinion that these proposed zonings would be consistent with the Land Use Element of the General Plan and would be compatible with existing zonings in the area. A Negative Declaration was posted on December 23, 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 Bleecker, Ordinance No. 2320 New Series amending Title Seventeen of the Municipal Code of the Bakersfield, California, February 14, 1977 - Page l0 447 City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 515, 550 and 1000 West Columbus Street and 4090 San Dimas Street and finding said zonings consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Bleecker, Christensen, Medders, Rogers, Sceales, Strong, Barton hearing on application by Title Insurance and Trust to zoning boundaries from an R-1 (One Family Dwelling) Zone to an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone and a C-2-D (Commercial - Architectural Design), or more restrictive, Zone, affecting that certain property in the City of Bakersfield located between Auburn Street and State Freeway Route 178, and immediately east of Oswell Street. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. An Environmental Impact Report covering the proposed amendments to the Zoning Ordinance, was duly heard in accordance with the procedures required by City Resolution No. 10-75 and CEQA Guidelines. The Planning Commission, after recommending certification by the City Council of the Final EIR, considered the above zone changes and recommends to the Council that the zoning boundaries for the parcel designated as Parcel "A" be changed from R-1 to C-1-D (Limited Commercial - Architectural Design) Zone; and parcel designated as Parcel "B" be changed from R-1 to R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone. The Planning Commission found this amendment to Tit~e 17 consistent with the General Plan. Noes: None Absent: None This is the time set for public amend the 448 Bakersfield, California, February 14, 1977 - Page ll pation. Mayor Hart declared the hearing open for public partici- Mrs. Gretchen Bloch, 2621 Silver Drive, President of Highland Watch a parents organization of Highland High School, requested that the Council not approve this rezoning proposal until roads are constructed so that Auburn Street no longer dead- ends at Highland High School. Mr. Lawton Powers, representing owners of the property, requested that the Council approve the requested zone change. No further protests or objections being received, Mayor Hart closed the public portion of the hearing for Council deli- beration and action. Councilman Rogers questioned Mrs. Joy Lane about the recommendations contained in the joint statement from Compton Junior High School and Harding Elementary School P.T.A.'s. Councilman Rogers questioned Public Works Director Hawley about future access roads and development of the area surrounding Auburn Street. After discussion, upon a motion by Councilman Rogers, Ordinance No. 2321 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 between Auburn Street and State Freeway Route 178 and immediately east of Oswell Street, and at the time the Subdivision Contracts are entered into with subdividers that the improvements stated in Recommendation No. 4 from Compton Junior High School and Harding Elementary School P.T.A.'s be included in the enforce- able clause of the contracts, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Bleecker, Medders, Rogers, Councilmen Christensen, Barton None Sceales, Strong Bakersfield, California, February 14, 1977 - Page 449 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 9:50 P. M. MA o~t y o~e 1 d , Calif. ATTEST: CITY~R ~nd~o Clerk of the Council of the City of B$O~ersfield, California ma