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
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