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HomeMy WebLinkAbout03/28/1977 MINUTES CC490 Bakersfield, California, March 28, 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 28, 1977. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Captain Frank Brown of the Salvation Army. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Strong, Barton Absent: None Minutes of the regular meeting of March 21, 1977 were approved as presented. Scheduled Public Statements. Mr. Joseph Goesling, representing Ad-Art Company, requested that the City exercise its option and grant a two year extension as provided for in paragraph 13 of Agreement 74-42, for installation and maintenance of benches on the City right-of-way. Assistant City Manager Buell reported that the two year extension is permissible under the current agreement and the staff would recommend that it be granted. Upon a motion by Councilman Rogers, two year extension, from and after June 30, 1977, to Agreement No. 74-42 with Ad-Art Company for installation and maintenance of benches on the City right-of-way, was granted. Correspondence. Upon a motion by Councilman Medders, communication from Richard C. Bailey, Director of the Kern County Museum, dated March 22, 1977, suggesting that the Garces Statue located in the traffic circle on Chester Avenue be moved to the front lawn of the County Museum where it could be viewed in safety, was received and ordered placed on file. Upon a motion by Councilman Christensen, communication from the East Bakersfield Progressive Club, dated March 16, 1977, 491 Bakersfield, California, March 28, 1977 - Page 2 urging all parties involved to deliberate with care the actions being taken in relation to traffic as it affects the school complex on Auburn Street, was received and referred to the Water and City Growth Committee. Upon a motion by Councilman Barton, communication from the Bakersfield Airpark, Inc., dated February 15, 1977, regarding a proposal made to the City of Bakersfield on November 5, 1975 that the City accept, as a gift in trust, the runways and taxiways at Bakersfield Airpark, was received and referred to the Business Development and Parking Committee. Councilman Rogers did not vote on this motion. Councilman Rogers pointed out that this matter was originally referred to the Intergovernmental Relations Committee who has investigated that matter very thoroughly. Councilman Rogers also stated that anything that is done will have to be accomplished in close cooperation with the County of Kern and it would be proper for the matter to remain in the Intergovernmental Relations Committee. After discussion, upon a motion by Councilman Rogers, the matter of Bakersfield Airpark will remain in the Intergovern- mental Relations Committee until such time as the Council feels it is appropriate to place it in the Business Development and Parking Committee. Councilman Ratty voted in the negative on this motion. Reports. Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 3-77 regarding Formulation of Conflict of Interest Codes by Agencies of the City of Bakersfield, as follows: The Governmental Efficiency and Personnel Com- mittee met on Tuesday, March 22, 1977, and reviewed the Conflict of Interest Codes which were submitted by all twenty-one agencies of the City. These codes are now on file in the City Clerk's Office. Each of the agencies 49_2 Bakersfield, California, March 28, 1977 - Page 3 have complied with a Resolution which was adopted by the City Council in accordance with the Political Reform Act of 1974, to have their codes formulated and submitted to the Council by January 3, 1977. The agencies have listed the positions which they feel involve the making, or participation in the making, of decisions which may foreseeably have a material effect on financial interests. Each position listed must make disclosures according to categories assigned to them by the various agencies. Since all of the agencies involved have held public hearings in accordance with the law and all of the individuals involved have been adequately informed of their responsibilities under the law, the GEP Committee is of the opinion that the requirements of the Political Reform Act have been met. In order to implement this report the GEP Committee is recommending adoption of the attached Resolution and approval of the Conflict of Interest Codes submitted by the following agencies: Auditorium Recreation Committee Auditorium Recreation Department Board of Building Appeals Board of Charity Appeals and Solicitations Board of Zoning Adjustment Business Tax Appeals Board City Attorney's Department City Manager's Department Community Development Department Finance Department Fire Department Fire Department Civil Service Board Fire Department Pension Board Mayor's Office Miscellaneous Departments Civil Service Board Planning Commission Police Department Police Department Civil Service Board Public Works Department Redevelopment Agency Retirement Appeals Board The City Clerk has been instructed to furnish each person who is required to file statements an instruction manual and three copies of Form of Statement of Economic Interests. Within thirty days after tonight's meeting all such people are to file their statements in accord- ance with the instruction manual. Upon a motion by Councilman Strong, Governmental Efficiency and Personnel Committee Report No. 3-77 regarding Formulation of Conflict of Interest Codes by Agencies of the City of Bakersfield, was accepted. 493 Bakersfield, California, March 28, 1977 - Page 4 Adoption of Resolution No. 22-77 of the Council of the City of Bakers- field adopting Conflict of Interest Codes for 21 Agencies of the City. Upon a motion by Councilman Strong, Resolution No. 22-77 of the Council of the City of Bakersfield adopting Conflict of Interest Codes for 21 Agencies of the City, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Strong, Barton Noes: None Absent: None Councilman Rogers, member of the Governmental Efficiency and Personnel Committee, read Report No. 4-77 regarding Contract with Nicholas Counter III for Fiscal Year 1977-78 - Employee Negotiations, as follows: The Governmental Efficiency and Personnel Committee reviewed with the staff the services rendered by Nicholas Counter during the past year as the City's chief negotiator. It is our opinion that Mr. Counter has represented the City in a fair and equitable manner and should be retained in this capacity. Mr. Counter has informed us that he is willing to continue the same retainer arrangement at $800 per month for another year. However, since he will be dealing with an additional union; namely, the International Brotherhood of Police Officers, he felt that a travel expense of $45.00 per day, per diem, would be in order. The staff estimated this should not amount to more than $500 for the year. This Committee is satisfied with this arrange- ment and is recommending Council approval of the attached agreement. Upon a motion by Councilman Rogers, Governmental Efficiency and Personnel Committee Report No. 4 Nicholas Counter III for Fiscal Year was accepted, the contract was appro to execute same. Councilman Sceales, member and Personnel Committee, read Report Building Inspectors, as follows: -77 19 ved of No regarding Contract with 77-78 - Employee Negotiations and the Mayor was authorized the Governmental Efficiency 5-77 regarding Additional 494 Bakersfield, California, March 28, 1977 - Page 5 The Governmental Efficiency and Personnel Committee met with the staff to discuss an apparent personnel shortage in the City's Building Department. As was pointed out to the Committee, construction growth in the City has exceeded the Building Department's capa- bility to handle the work load. During the past five years the number of building permits issued annually by the City has nearly doubled while the number of dwelling units built and the total value of permits issued have tripled. In 1976, the Building Department issued 9,986 permits at a total value of nearly 92 million dollars. The City is presently operating with the same number of Building Inspectors as it was ten years ago. Because of this the director has had to adjust the inspection work load to give first priority to new construction and doing other inspections as time permits. This causes problems to contractors as , in some cases, they cannot be paid until the project is finalized by the Building Department. From all indications this building trend in the Bakersfield area will continue to increase for at least the next two years. Based on the facts presented to the GEP Committee we are recommending Council approval of two additional Building Inspector II's which will bring the total complement of inspectors to eight. If for some reason there is a reversal in the building industry and the trend declines, the number of building inspectors will be reduced accordingly through attrition. We are also recommending Council approval of transferring from the Council Contingency Fund $9,000 to Fund 11-652-0100 for salaries and $10,430 to Fund 11-451-7200 for two vehicles. Upon a motion by Councilman Sceales, Governmental Efficiency and Personnel Committee Report No. 5-77 regarding Additional Building Inspectors, was accepted; two additional Building Inspector II positions, were approved; and Budget Transfers from the Council Contingency Fund to Fund No. 11-652-0100 in the amount of $9,000 for salaries and to Fund No. 11-451-7200 in the amount of $10,430 for two vehicles, were approved. Councilman Rogers, member of the Special Freeway Committee read a report regarding the Status of Mt. Vernon Inter- change, as follows: On Thursday, March 24, the State Highway Com- mission Meeting in Simi Valley took final action on the City's request for a full inter- change at Mt. Vernon and Freeway 178. In two 495 Bakersfield, California, March 28, 1977 - Page 6 separate actions, the Commission first unanimously approved a resolution consenting to the con- struction of new ramps. In the second action, on a vote of 3-2, they removed this project from the 1976-77 contingent construction program. This action has the effect of denying funding for this fiscal year for the project. It appears that while the freeway ramps at Mt. Vernon have been acknowledged as necessary, construction will not be able to proceed until either the Commission votes to appropriate funds for its construction or other alternate funding sources become available. It would appear that this Committee can do nothing further on this project other than to direct the staff to make application to the State Highway Commission for project funding in the 1977-78 budget and in each subsequent budget until funding approval is granted. Upon a motion by Councilman Rogers, Special Freeway Committee report regarding Status of Mt. Vernon Interchange, was accepted; and the staff was directed to make application to the State Highway Commission for project funding in the 1977-78 budget and in each subsequent budget until funding approval is granted. Upon a motion by Councilman Rogers, Mayor Hart's re- appointment of Robert E. King to the Bakersfield Redevelopment Agency, term expiring February 1, 1981, was approved. Consent Calendar. The following items were listed onthe Consent Calendar: (a) Allowance of Claims Nos. 3648 to 3739, inclusive, in the amount of $89,503.43. (b) Public Utilities Easement from Elmer F. Karpe, Inc., as required by the Planning Commission for Parcel Map No. 3960. (c) Public Utilities Easement from Inez Goodrich, as required by the Planning Commission for Parcel Map No. 3961. (d) Street Right-of-Way Deed from Frank A. Maretich providing additional right-of- way on Wible Road north of Wilson Road. (e) Street Easement from Elmer F. Karpe, Inc., Leo A. Stockli, Jr. and Yolanda B. Stockli, A. Victor Farrow and Calso Company, providing right-of-way for south one-half of Fjord Street as required by the Planning Commission for Parcel Map No. 4026. 49 Bakersfield, California, March 28, 1977 - Page 7 (f) Notice of Completion and Acceptance of Work on street and sewer improvements under Tract No. 3680, Unit D - Contract No. 76-114 with Gatewood Estates. (g) Notice of Completion and Acceptance of Work on street and sewer improvements under Tract No. 3680, Unit F - Contract No. 76-101 with Gatewood Estates. (h) Notice of Completion and Acceptance of Work on street, sewer and storm drain improvements under Tract No. 3815 - Contract No. 76-123 with Roy Wattenbarger. (i) Map of Tract No. 3838 "B" and Improvement Agreement for construction of improvements therein, located south of Auburn Street and east of Oswell Street. 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 Christensen, Medders, Ratty, Rogers, Sceales, Strong, Barton Noes: None Absent: None Action on Bids. Upon a motion by Councilman Medders, low bid of Kern County Equipment Company for 6,000 Lb. capacity Fork Lift, was accepted and all other bids rejected. Upon a motion by Councilman Ratty, high bid of Randle W. Hill for sale of 45 surplus .38 Caliber Smith & Wesson Pistols, was accepted and all other bids rejected. Upon a motion by Councilman Medders, low bid of J. E. Stanely for construction of Storeroom Addition at Wayside Park and Saunders Park, was accepted, the other bid rejected, the Mayor was authorized to execute the contract and expenditure of funds from savings in prior parks projects, for amount in excess of budgeted amount, was approved. Deferred Business. Report No. 2-77 from Business Develop- ment and Parking Committee regarding Ordinance concerning Towing Services. 497 Bakersfield, California, March 28, 1977 - Page 8 Action on this item was held over from the Council Meeting of March 21, 1977 in order that questions pertaining to insurance could be answered questions have been answered. Councilman Sceales stated that his Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 2-77 regarding Ordinance concerning Towing Services, was accepted. Adoption of Ordinance No. 2328 New Series of the Council of the City of Bakersfield adding Chapter 7.66 to Title 7 of the Municipal Code, concerning Towing Services receiving City referrals. Upon a motion by Councilman Barton, Ordinance No. 2328 New Series of the Council of the City of Bakersfield adding Chapter 7.66 to Title 7 of the Municipal Code, concerning Towing Services receiving City referrals, was adopted by the following roll call vote: Ayes: Councilmen Christensen Barton Noes: Councilman Sceales Absent: None Medders, Ratty, Rogers, Strong, Adoption of Resolution No. 23-77 of the Council of the City of Bakers- field adopting a Rate Schedule pursuant to Section 7.66.170 of the Municipal Code, applicable to Towing Service in response to Police Dis- patch. Upon a motion by Councilman Barton, Resolution No. 23-77 of the Council of the City of Bakersfield adopting a Rate Schedule pursuant to Section 7.66.170 of the Municipal Code, applicable to Towing Service in response to Police Dispatch, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Strong, Barton Noes: Councilman Sceales Absent: None Bakersfield, California, March 28, 1977 - Page 9 Adoption of Ordinance No. 2329 New Series of the Council of the City of Bakersfield adding Section 17.52.200 to the Municipal Code, concerning Conditional Zoning. Upon a motion by Councilman Medders, Ordinance No. 2329 New Series of the Council of the City of Bakersfield adding Section 17.52.200 to the Municipal Code, concerning Conditional Zoning, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Strong, Barton Noes: None Absent: None New Business. Adoption of Resolution No. 24-77 of the Council of the City of Bakers- field adopting objectives, criteria and procedures for orderly evaluation of projects and the preparation of Environmental Documents supplementary to California Environmental Quality Act and State EIR Guidelines, and superseding City of Bakersfield Resolution No. 10-75. This resolution, adopting procedures for evaluation of projects and preparation of environmental documents, will replace Resolution No. 10-75 and will bring the City up to date with recent changes in the California Environmental Quality Act and State EIR Guidelines. The proposed regulations have been reviewed by the Planning Commission and recommended for adoption. Upon a motion by Councilman Sceales, Resolution No. 24-77 of the Council of the City of Bakersfield adopting objectives, criteria and procedures for orderly evaluation of projects and the preparation of Environmental Documents supplementary to California Environmental Quality Act and State EIR Guidelines, and superseding City of Bakersfield Resolution No. 10-75, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Strong, Barton Noes: None Absent: None 499 Bakersfield, California, March 28, 1977 - Page 10 Adoption of Resolution No. 25-77 of the Council of the City of Bakers- field approving the destruction of certain obsolete City records, docu- ments, instruments, books and papers, pursuant to Section 34090 et seq. of the Government Code of the State of California. (City Manager) This resolution authorizes the Manager's Office to destroy inactive employee applications that are more than two years old. Government Code Section 34090 permits destruction of such public records upon the approval of the City Attorney and a resolution adopted by the City Council. Upon a motion by Councilman Medders, Resolution No. 25-77 of the Council of the City of Bakersfield approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Section 34090 et seq. of the Government Code of the State of California (City Manager), was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Strong, Barton Noes: None Absent: None Adoption of Resolution No. 26-77 of the Council of the City of Bakers- field authorizing amendment to Agreement No. 76-153 approved by Council on December 20, 1976, and authorizing Mayor to execute Amendatory Agreement of behalf of the City of Bakersfield. This resolution would approve certain amendments to Joint Powers Agreement No. 76-153 between the City and Union Avenue, Alta Verde and East Niles Sanitation Districts concerning the Bakersfield Subregional Wastewater Management Plan. For the most part, the amendments are corrections and minor additions to the original contract which have been requested by the Manager of the State Clean Water Grant Program, and they do not have an impact on the concept and intent of the agreement. Upon a motion by Councilman Ratty, Resolution No. 26-77 of the Council of the City of Bakersfield authorizing amendment to 1500 Bakersfield, California, March 28, 1977 - Page 11 Agreement No. 76-153 approved by Council on December 20, 1976, and authorizing Mayor to execute Amendatory Agreement on behalf of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Strong, Barton Noes: None Absent: None Adoption of Resolution No. 27-77 of the Council of the City of Bakers- field approving Agreement for Main- tenance of State Highway in the City of Bakersfield. The agreement provides for a shared responsibility for maintenance of the City streets which cross completed Freeway 58 between Chester Avenue and Wible Road. The City will maintain the surface of structures (sweeping, striping, signing, lighting, etc.) and the State will maintain the structure from a structural standpoint. Upon a motion by Councilman Sceales, Resolution No. 27-77 of the Council of the City of Bakersfield approving Agreement for Maintenance of State Highway in the City of Bakersfield, was adopted and the Mayor was authorized to execute the agreement, by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Strong, Barton Noes: None Absent: None Approval of Agreement between the City of Bakersfield and Arvin-Edison Water Storage District for encroach- ment on Arvin-Edison Water Storage District right-of-way. Upon a motion by Councilman Rogers, Agreement between the City of Bakersfield and Arvin-Edison Water Storage District providing the City with the right to construct an irrigation pipe line across the District's canal right-of-way on Mount Vernon Avenue Extension south of Panama Lane, was approved and the Mayor was authorized to execute same. 50; Bakersfield, California, March 28, 1977 - Page 12 Hearings. This is the time set for public hearing on application by C. Stanley Huth to amend the zoning boundaries from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling), or more restrictive, Zone, affecting that certain property in the City of Bakersfield located on the south side of White Lane between Wible Road and Stine Road. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. Subject undeveloped parcel contains approximately 75 acres and is served by White Lane, a major street, as depicted by the General Plan. The proposed R-1 zoning would be consistent with the Land Use Element of the General Plan. After a preliminary environmental assessment the staff determined the project would not have a significant adverse effect on the environment and a negative declaration was posted on February 1, 1977. The Planning Commission recommended approval of the R-1 zoning as requested and advertised. Mayor Hart declared the hearing open for public partici- pation. Mr. C. Stanley Huth, the applicant, was present to answer questions of the Council. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Sceales, Ordinance No. 2330 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 on the south side of White Lane between Wible Road and Stine Road, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Strong, Barton Noes: None Absent: None 10:11 Bakersfield, California, March 28, 1977 - Page 13 New Business (Continued). Councilman Barton read a memorandum regarding Charter Review Commission, as follows: We are now entering into a time of Councilmanic stability and harmony where positive under- takings can be initiated and pursued; therefore, I propose that the Council appoint a Charter Review Commission. The commission would review our city charter with the goal of recommending to the Council changes that would make our charter a document fitting with the present times and direction of our city. The commission should be comprised of fifteen members with consideration given to the appoint- ments so as to have as wide of a representation of our citizens as possible. Each Councilman will appoint two members to the commission, and the Mayor appoint one member. The commission should be appointed and be active by June 1, 1977 so that they will have the time to make their recommendations to the Council and the Council would have sufficient time to present those recommendations to the voters of our city for the June, 1978 primary election. Councilman Barton made a motion that a Charter Review Commission be approved by the Council. Councilman Strong suggested, that since this item is of great importance, that it be held over and considered given first reading tonight. Councilman Barton stated that he had no objections to holding this item over for one week. 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. MA Ci'Cy 'of Bakersfield, Calif. ATTEST: CITY C~14IK an~ficio Clerk of the Council of the City of Balyrsfield, California ma