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