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HomeMy WebLinkAbout03/21/1977 MINUTES CCBakersfield, California, March 21, 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., March 21, 1977. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Reverend Harry Dutt of the First United Methodist Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Sceales, Strong, Barton, Medders, Rogers, Christensen Absent: Councilman Bleecker Minutes of the regular meeting of March 14, 1977 were approved as presented. Reception of Certificate of Election from County Clerk of Results of General Municipal Election for the office of Councilman in the First, Third, Fourth and Seventh Wards of the City of Bakersfield, California, held on March 8, 1977. Upon a motion by Councilman Medders, Certificate of Election from County Clerk of Results of General Municipal Election for the office of Councilman in the First, Third, Fourth and Seventh Wards of the City of Bakersfield, held on March 8, 1977, was received, placed on file and ordered spread in full on the minutes. 474 Bakersfield, California, March 21, 1977 - Page 2 STATEMENT OF ALL VOTES CAST AT THE GENERAL MUNICIPAL ELECTION HELD MARCH 8, 1977 IN THE CITY OF BAKERSFIELD STATE OF CALIFORNIA Bakersfield, California, March 21, 1977 - Page 3 GENERAL MUNICIPAL ELECTION MARCH 8, 1977 WARD NO. i CONS. NO. CONSISTING OF PRECINCTS REGISTERED VOTES VOTERS CAST STRONG 34 63 66 68 524 & 532 501 & 502 508 & 510 509, 511, 512, 201 & 514-A Absentee Ballots TOTAL PERCENT 13.40% 612 lll 96 639 63 51 779 139 112 1,014 178 144 7 5 3,044 498 408 WARD NO. 3 CONS. NO. CONSISTING OF PRECINCTS REGISTERED VOTES VOTERS CAST ROGERS 12 311 & 312 846 154 127 22 320 & 321 966 180 149 23 313 & 314 783 150 129 24 322 518 75 63 25 315, 316 & 317 852 125 104 26 318 & 319 799 129 lll 27 323 615 114 98 Absentee Ballots TOTAL 17 15 5,379 944 796 PERCENT 14.80% Bakersfield, California, March 21, 1977 - Page 4 GENERAL MUNICIPAL ELECTION MARCH 8, 1977 WARD NO. 4 CONS. CONSISTING OF NO. PRECINCTS REGISTERED VOTES VOTERS CAST BLEECKER RATTY 28 324 & 325 29 516 & 517 30 518 & 519 31 401', 411*, 520 & 521 32 522 & 523 36 525 & 526 72 401. Absentee Ballots TOTAL PERCENT 37.84% 949 276 74 199 723 348 122 213 1,041 485 203 272 870 427 217 200 719 175 67 99 647 196 58 ll8 43 10 4 6 38 15 22 4,992 1,955 760 1,129 WARD NO. 7 CONS. CONSISTING OF NO. PRECINCTS REGISTERED VOTES VOTERS CAST BARTON EUTSLER 53 546, 547 & 549 907 211 142 68 59 205, 206, 207 & 548 658 107 75 30 107 203, 204'& 406 948 174 llO 60 108 204~ 208 & 209 679 106 74 29 110 550 & 555 743 136 63 72 142 552 278 96 35 53 Absentee Ballots TOTAL PERCENT 19.42% 7 5 2 4,213 837 504 314 *Portion of Precinct Bakersfield, California, March 21, 1977 - Page 5 477 COUNTY C OF THE CITY OF GENERAL MUN LERK ' S STATEMENT RESULTS OF BAKERSFIELD I C I PAL ELECTION MARCH 8, 1977 STATE OF CALIFORNIA) ) COUNTY OF KERN) SS I, VERA K. GIBSON, County Clerk of Kern County, do hereby certify that I have canvassed the vote cast at the General Muni- cipal Election for members of the Council from Wards l, 3, 4 and 7 in the City of Bakersfield as consolidated with the Governing Board Member Election held on March 8, 1977, and that the Statement of Results, to which this certificate is attached, shows the total number of votes cast in each Ward, the number o£ votes cast at each precinct in each Ward for each candidate, and the total number of votes cast £or each candidate. WITNESS my hand and Official Seal this 17th day of March, 1977. /s/VERA K. GIBSON VERA K. GIBSON, County Clerk 478 Bakersfield, California, March 21, 1977 - Page 6 Adoption of Resolution No. 20-77 declaring Result of Canvass of Returns of General Municipal Election in the First, Third, Fourth and Seventh Wards, in the City of Bakersfield, held on the 8th day of March, 1977. Upon a motion by Councilman Sceales, Resolution No. 20-77 declaring Result of Canvass of Returns of General Municipal Election in the First, Third, Fourth and Seventh Wards, in the City of Bakersfield, held on the 8th day of March, 1977, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Strong, Barton, Christensen, Rogers Noes: None Absent: Councilman Bleecker WARD NO 1 Vernon D. Strong 408 WARD NO. 3 Donald A. Rogers 796 WARD NO. 4 T. Keith Bleecker 760 Donald K. Ratty 1,129 WARD NO. 7 James John Barton 504 William H. Eutsler 314 The following persons are hereby declared to be elected to the office of City Councilman for a full term of four years: VERNON D. STRONG DONALD A. ROGERS DONALD K. RATTY JAMES JOHN BARTON Adjournment. There being no further business Council, upon a motion by Councilman Rogers, adjourned. FIRST WARD THIRD WARD FOURTH WARD SEVENTH WARD to come before the the Council was Medders, Bakersfield, California, March 21, 1977 - Page 7 479 Office to Absent: Newly Elected Council Members Sworn in by Assistant City Clerk. Assistant City Clerk Anderson administered the Oath of the following newly elected Councilmen: Vernon D. Strong Donald A. Rogers Donald K. Ratty James John Barton Councilman First Ward Councilman Third Ward Councilman Fourth Ward Councilman Seventh Ward Mayor Hart convened the new Council at The City Clerk called the roll Mayor Hart. Councilmen Barton, Ratty, None this time. as follows: Christensen, Medders, Rogers, Sceales, Strong Medders for the Office of Vice-Mayor Election of Vice-Mayor. Councilman Rogers nominated Councilman of the City Upon Office of Vice-Mayor were closed. Councilman Clarence E. Medders was of Vice-Mayor of the City of Bakersfield, by call vote: Ayes Noes Absent: Abstaining: Clarence E. of Bakersfield. a motion by Councilman Sceales nominations for the elected to the Office the following roll Councilmen Barton, Christensen, Ratty, Sceales, Strong None None Councilman Medders Rogers, Correspondence. Upon a motion by Councilman Sceales, communication from James L. Stewart resigning from the Bakersfield Redevelopment Mr. Agency, was accepted and the Mayor was requested to send a letter of appreciation for his many years of service to the City of Bakersfield. Bakersfield, California, March 21, 1977 - Page 8 Council Statements. Appointments of Council Standing Committees. Councilman Rogers proposed the appointment of following Council Standing Committees: the AUDITORIUM-RECREATION J.M. "Chris" Christensen, Chairman Clarence E. Medders Vernon D. Strong BUDGET REVIEW AND FINANCE Clarence E. Medders, Chairman Michael E. Sceales J.M. "Chris" Christensen BUSINESS DEVELOPMENT & PARKING James J. Barton, Chairman Clarence E. Medders Donald K. Ratty GOVERNMENTAL EFFICIENCY & PERSONNEL Vernon D. Strong, Chairman Donald A. Rogers Michael E. Sceales Upon a motion by Councilman Rogers, INTERGOVERNMENTAL RELATIONS Michael E. Sceales, Chairman Donald A. Rogers J.M. "Chris" Christensen VOUCHER APPROVAL Donald K. Ratty, Chairman Vernon D. Strong James J. Barton WATER AND CITY GROWTH Donald A. Rogers, Chairman James J. Barton Donald K. Ratty the assignment of Council Standing Committees, following roll call vote: Ayes as proposed, were approved by the Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales, Strong Noes None Absent: None Councilman Strong thanked the voters of the First Ward for returning him to office and for their support during the last four years, and also pledged to do everything possible to see that the problems of that Ward and the City are addressed in the most harmonious fashion possible. Councilman Ratty thanked the voters of the Fourth Ward for their support and stated that he sincerely hopes he will live up to their expectations. Bakersfield, California, March 21, 1977 - Page 9 481 Councilman Rogers thanked the voters of the Third Ward for returning him to office and for their support during the last four years, and also pledged fo do everything possible to further the interests of the City of Bakersfield. Councilman Barton thanked the voters of the Seventh Ward for their confidence by returning him to office and stated that he looks forward to working in harmony with the Council for the betterment of the entire City of Bakersfield. Reports. Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 2-77 regarding Ordinance concerning Towing Services, as follows: At the Council Meeting of January 31, the Council had first reading of the above referenced ordinance. The ordinance was then referred to this Committee for study and recommendation back to the Council. The Committee has reviewed the provisions of the ordinance with particular attention being given to three areas: (1) the amount of insurance required; (2) the number of permits to be issued; and (3) the proposed schedule of charges. The Committee has met with the tow truck operators who are currently on the Police Department's call for service list. After consultation with them, and in checking with other agencies which provide towing services, it was determined that the original insurance requirements were set at too high a rate. The ordinance has now been modified to reflect a more realistic requirement and one which will provide a minimum of protection for the City. At the request of the tow truck operators, the total number of permits to be issued has been limited. After discussion with the operators and the Police Department, a limit of six has been agreed upon. It was their feeling that any more than that would split the service requirements up to a point where they could not effectively operate their businesses under the ordinance. There are currently eight tow truck operators on the approved list, and even though a limit of six has been placed, all eight will be given an opportunity to apply for a permit and, if qualified, be issued a permit, and we will allow the level of six to be achieved through attrition. 482 Bakers£ield, California, March 21, 1977 - Page 10 With reference to the rates to be charged, there was very little discussion on this point, and all of the operators seem to be in favor of those rate provisions. It is, therefore, the recommendation of this Committee that the following action be taken: That this report be received and placed on file; 2. That the ordinance, as amended in committee, be adopted; and o That the attached resolution setting the rate schedule be approved. Councilman Barton made a motion that Report No. 2-77 of the Business Development and Parking Committee regarding Ordinance concerning Towing Services, be accepted. Councilman Sceales questioned the insurance and after discussion offered a substitute motion that Report No. 2-77 of the Business Development and Parking Committee regarding Ordinance concerning Towing Services, be held over one week in order that the questions can be answered. This substitute motion was unanimously approved. Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 3-77 regarding Lease of Parking Lot at 18th and "K" Streets, as follows: On February 14, 1977, this Committee recommended to the full Council, and the full Council subsequently approved, a lease agreement for the lease of the public parking lot at 18th and "K" Streets for the purpose o£ establishing an automobile sales mart which came to be known as the California Auto Bloc. The agreement was entered into initially for a 4-week period. The purpose of this limited lease was to act as a trial period to assess public reaction to this type of business. This Committee, as well as other members of the Council, have received adverse comments concerning this particular use of public property. After a considerable amount of discussions, we feel that this particular type of use puts the City in a poor position, in that the City may be assisting competition against private enterprise. The used car dealers in town pay rather substantial fees, Bakersfield, California, March 21, 1977 - Page ll are required to have certain licenses, must pay property taxes, etc., none of which-- except a business license--is required for this type of operation. Because this Committee feels that this is not a proper use of public property, we are recom- mending that the lease not be renewed or extended. However, because the owners have made certain commitments which this Committee feels should be honored, we ask that a memorandum extension be granted through and including Sunday, March 27. Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 3-77 regarding Lease of Parking Lot at 18th and "K" Streets, was accepted; recommendation that the lease not be renewed or extended, was approved; and because of certain commitments made by owners, memorandum extension through and including Sunday, March 27, 1977, was approved. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3468 to 3647, inclusive, in the amount of $154,006.48. (b) Claim for Damages from Daniel Juan Figueroa, 2321 Berger Street, Bakersfield. (Refer to City Attorney) (c) Street Easement from Panama Union School District, providing right-of-way as required for Tract Map No. 3839. (d Map of Tract No. 3677 located north of Quailwood Drive and west of E1 Rio Drive. (e Map of Tract No. 3863 and Improvement Agreement for construction of improve- ments therein - located on west side of McDonald Way at Norseman Street. (f Application for Encroachment Permit from Chester L. Little, St., 909 East 18th Street. (g) Application for Encroachment Permit from Mark Bianchi, 2201 - 1st Street. (h) Request from First Baptist Church for amendment to the Land Use Element of the General Plan on that property located on the northwest corner of Ming Avenue and New Stine Road, containing approximately ll.1 acres of land. (Refer to Planning Commission for study and recommendation) 484 Bakersfield, California, March 21, I977 - Page 12 (i) Request from Ed Mainus, 504 31st Street, for annexation of property located north of Panorama Drive, south of the Kern River and east of Manor Street and con- raining approximately 100 acres of land. (Refer to Planning Commission for study and recommendation) Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e), (f), (g), (h) and (i) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales, Strong Noes: Absent: None None Action on Bids. Upon a motion by Councilman Strong, bid of Griffith for resurfacing portions of California Avenue and East concerning Conditional Zoning. Company Truxtun Avenue, was accepted and the Mayor was authorized to execute the contract. Upon a motion by Councilman Sceales, the one bid received for Annual Contract for Curbs, Gutters and Sidewalks, was rejected and the Finance Director was authorized to readvertise for bids on this same contract later in the year. Upon a motion by Councilman Medders, low bid of McCoy Truck Tire Recap Company for Annual Contract for Tire Recapping (27 items), was accepted, all other bids rejected and the Mayor was authorized to execute the contract. New Business. First reading of an Ordinance of the Council of the City of Bakersfield adding Section 17.52.200 to the Municipal Code, concerning Conditional Zoning. This ordinance would permit the Council to require, as a condition to zoning, dedications and reasonable improvements, to meet public needs. The Planning Commission recommends adoption. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Section 17.52.200 to the Municipal Code, Bakersfield, California, March 21, 1977 - Page 485 Adoption of Emergency Ordinance No. 2327 New Series of the Council of the City of Bakersfield adding Chapter 1.46 to the Municipal Code establishing and adopting Rules for the operation of the City's Water System in the Ashe Water Service Area. It is necessary for the operation of the City's Water System within the Ashe Water Service Area to have rules and regulations relative to its operation similar to those under the Public Utilities Commission. This action should include the adoption of the existing rates within the Ashe Water Service Company which is the same as under Tenneco West, Inc. The Water and City Growth Committee has reviewed these and recommends approval of this Emergency Ordinance. Upon a motion by Councilman Rogers, Emergency Ordinance No. 2327 New Series of the Council of the City of Bakersfield adding Chapter 1.46 to the Municipal Code establishing and adopting Rules for the operation of the City's Water System in the Ashe Water Service Area, was adopted by the following roll call vote: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales, Strong None None Ayes Noes Absent: Adoption of existing Rates for the operation of the City's Water System in the Ashe Water Service Area (same as under Tenneco West, Inc.) Upon a motion by Councilman Rogers, existing Rates for the operation of the City's Water System in the Ashe Water Service Area (same as under Tenneco West, Inc.) were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales, Strong Noes: None Absent: None Bakersfield, California, March 21, 1977 - Page Adoption of Resolution No. 21-77 of the Council o£ the City of Bakers- field adopting a Systematic Program for amendment of mandatory elements of the General Plan. The law prohibits amendment of any mandatory element of the General Plan more frequently than three times during any calendar year. The possibility of reaching the maximum number of permitted amendments early in the year is greatest for the Land Use Element due to owners of property who wish to develop their property in accordance with zoning which may be inconsistent with the General Plan. This proposed resolution, recommended by the Planning Commission, would require quarterly processing of a number of separate applications as one amendment as a precaution against exhausting the number of permissible amendments early in the year, but would permit flexibility. Upon a motion by Councilman Sceales, Resolution No. 21-77 of the Council of the City of Bakersfield adopting a Systematic Program for amendment of mandatory elements of the General Plan, was adopted by the following roll call vote: Ayes: Noes Absent: Councilmen Barton, Christensen, Sceales, Strong None Medders, Ratty, Rogers, None Approval of City Hall-Police Depart- ment Civic Center Plan. The Planning Commission reaffirmed its approval of long-range development plan for the City Hall-Police Department Civic Center Complex at its meeting held March 16, 1977. The long-range development plan includes additional properties (Block 324 and 325 south of City Hall-Police Building) which will provide the necessary area for future expansion of the Civic Center Complex. The Planning Conm~ission recommends the City Council reaffirm its policy of acquiring this property as it becomes available. Bakersfield, California, March 21, 1977 - Page 487 Upon a motion hy Councilman Ratty tho R~f~ ~nll-Dnl~pe Department Civic Center Plan, was approved as submitted. Council- man Rogers voted in the negative on this motion. Approval of Boundaries of proposed Annexation designated as Harris No. 1. Upon a motion by Councilman Sceales, Annexation boundaries designated as Harris No. 1, located north of and adjacent to Harris Road, approximately 966 feet east of Stine Road and containing 30 ~ acres of uninhabited territory, were approved and referred to the City Engineer and City Attorney for referral to LAFCO. Approval of Contract with Southern California Gas Company for sale of natural gas Gas Engine Service. Upon a motion by Councilman Sceales, Contract with Southern California Gas Company to supply natural gas to Ashe Water System, Well No. 1, located at 1401Ashe Road, under Rate Schedule G-45 for a period of one year commencing December 21, 1976, was approved and the Mayor was authorized to execute same. Hearings. This is the time set for public hearing on an appeal by Rick Montoya to the decision of the Board of Zoning Adjustment denying Clarence H. Santy's application for a Zone Modification to allow an existing six-foot fence approximately twelve feet from curb, and seven feet from sidewalk and within the ten foot sideyard setback in an R-1 (One Family Dwelling) Zone on that certain property commonly known as 2901Estero Street. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. The Board of Zoning Adjustment was of the opinion this requested modification would not be consistent with the purposes and intent of the Zoning Ordinance and it is not necessary to secure an appropriate improvement on this reverse corner lot. 488 Bakersfield, California, March 21, 1977 - Page On March 15, 1977, Mrs. Rick Montoya telephon~the City Clerk's office and requested that the hearing be postponed due to an illness in the family. Mayor Hart inquired if there was anyone present in the audience relative to this hearing and no one responded. Upon a motion by Councilman Sceales, public hearing on an appeal by Rick Montoya to the decision of the Board of Zoning Adjustment denying Clarence H. Santy's application for a Zone Modification to allow an existing six-foot fence approximately twelve feet from curb, and seven feet from sidewalk and within the ten foot sideyard setback in an R-1 (One Family Dwelling) Zone on that certain property commonly known as 2901Estero Street, was deferred until April 18, 1977, by the following roll call vote: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales, Strong Ayes: Noes: None Absent: None Item (h) of the Consent Calendar re request from the First Baptist Church for amendment to the General Plan on property located on the northwest corner of Ming Avenue and New Stine Road. Mayor Hart stated that he understands that a number of people in the audience have requested to speak about an item appearing on the Consent Calendar. Mr. Jim Wertz, homeowner in Westwood Estates in South- east Bakersfield and representing appoximately 30 persons present in the audience who live in the same area, stated that they were objecting to any zone change on the property located on the north- west corner of Ming Avenue and New Stine Road. Mayor Hart stated that due to a real or imaginary conflict of interest he would yield the chair to Vice-Mayor Medders. Bakersfield, California, March 21, 1977 - Page 489 Councilman Sceales stated that this item has been referred to the Planning Commission for study and recommendation and anyone interested should attend the Planning Commission meeting when it is scheduled for hearing. Councilman Sceales also stated that every property owner within a 300 foot radius of the property in question will be notified by mail of the hearing date. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was adjourned at 9:10 P.M. MAYOR - e Ci~ Calif. ATTEST: CITY a io Clerk of the Council of the City of Bakersfield, California ma