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
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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
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