HomeMy WebLinkAbout01/19/1976 MINUTES CCBakersfield, California, January 19, 1976
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., January ]9, 1976.
The meeting was called to order by Vice-Mayor Bleecker
followed by the Pledge of Allegiance and Invocation by Reverend
Clyde Skidmore of the First Southern Baptist Church of Bakersfield.
The City Clerk called the roll as follows:
Councilmen Medders, Rogers, Sceales, Strong, Barton,
Bleecker, Christensen
Absent: Mayor Hart
Minutes of the regular meeting of January 12, 1976 were
approved as presented.
Scheduled Public Statements.
Mr. Howard A. Channell, General Manager of Bakersfield
Cable TV, Inc., read a Progress Report on the update of their
system, as follows:
January ]4, 1976
Mr. Harold E. Bergen
City Manager
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, California 93301
Dear Sir:
This report is the third in a series of periodic
reports to the City. The purpose of this report
and the previous reports is to keep you abreast
of the status of various projects we currently
have in progress.
We have previously reported to you the
filing of our application with the Federal
Communications Commission for the necessary
license to construct and operate a micro-
wave relay system that would replace the
long sub-low coaxial cable trunk run
presently in operation from our antenna
receiving site.
We are pleased to report the Federal Com-
munications Commission notified us on
January 5th, that we have been granted our
construction permit and license for the
micro-wave relay system, and construction
and installation necessary to place this
micro-wave relay service in operation has
begun. Barring any unforeseen developments,
Bakersfield,
California,
January 19,
1976 - Page 2
we expect to have the new micro-wave
system activated by the week of February
23rd.
When the installation and operation of the
micro-wave system has been checked out to
our micro-wave engineer's satisfaction, we
will immediately begin the necessary work
to "turn-a-round" the physical plant
facilities.
We will proceed with this work on the
physical plant at the best possible pace
and it is our intention to do the work at
hours af£ecting the least number of tele-
vision viewers. There will be the necessity
of intermitted interruptions as the work
is being done. Much of this work will be
done at odd hours, such as very early
morning.
It is our plan to send a special mailer to
each of our subscribers advising and
explaining the various projects we have
under way and to inform those people who
will be affected by the plant facilities
work of the approximate date we intend to
start. It is our intention to have this
subscriber in£ormation mailed about seven
to ten days prior to our work beginning.
Hopefully, by keeping our subscribers in-
formed, there will be limited problems with
the necessary interruptions.
6
We would also like for you to know that Mr.
Gary Caldwell, our new Chie£ Technician/
Micro-Wave Engineer, assumed responsibility
for our technical department on January 12,
1976.
We appreciate your continued interest and co-
operation and please do not hestitate to contact
me at any time, should you have a question or
a problem with which I may assist you.
Respectfully submitted,
Howard A. Channell
General Manager
Vice-Mayor Bleecker welcomed a Government Class from
Highland High School.
Council Statements.
Councilman Rogers stated that on December l, 1975 the
City Council voted to freeze further expenditure of Community
Development Block Grant Funds, with the exception of Planning
monies, until after a monitoring into the City's program, by HUD,
was completed.
Bakers£ield, California, January 19, 1976 - Page 3
Councilman Rogers stated that due to the time frame for
filing a performance report for the first year and submitting the
second year's application he would move that the restriction on
expending Community Development Block Grant Funds be removed, with
the understanding that if at anytime in the future it appears that
due to action, proposed or contemplated, by HUD that there will be
a cessation of these funds that could jeopardize the City taxpayers
he will act to reinstate that freeze.
Deputy City Manager Sumbardo outlined the time £rame for
completion of the current year's projects and stated that HUD's
regular annual monitoring procedure of the City of Bakersfield's
Community Development Block Grant projects will begin Tuesday,
January 20, 1976 at lO:00 A.M. and the results will be made public
Thursday, January 22, 1976 at 2:30 P.M.
Deputy City Manager Sumbardo read into the record a
letter from the Department of Housing and Urban Development, as
follows:
December 16, 1975
Mr. Harold E. Bergen
City Manager
City of Bakersfield
1501Truxtun Avenue
Bakersfield, Cali£ornia 93301
Dear Mr. Bergen:
Subject: Community Development Program
Thank you for taking time on Friday, December
5, 1975, to discuss with Mr. Hopkins and I the
Community Development Block Grant Program in
Bakersfield. I hope the discussions clarified
for you the responsibilities of HUD regarding
the monitoring of the program as well as the
responsibilities of the City in complying with
the Housing and Community Development Act of
1974 and all related statutes.
In regards to the proposed monitoring visit,
this will confirm the date of January 20, 1976
as the first day of the session. The wrap-up
or exit conference is scheduled for Wednesday
afternoon, January 22, 1976 at 1:30 p.m.
Bakersfield is one of seventeen (17) communities
in the jurisdiction of the Los Angeles Area
Office to be monitored in our first series of
Bakersfield, California, January 19, 1976 - Page 4
extensive monitoring efforts. Following this
first round, another group of cities will be
monitored. This process will continue until
every city and county participating in the
Block Grant Program has been monitored in depth.
Special site visits will also be made through-
out the year to a~l cities to enable us to meet
the requirement of complete program monitoring
every year.
Frankly, we are disturbed that the City has
reacted to our initial announcement of monitoring
by suspending its program activities pending
notification of the results of the monitoring
visit.
It is neither the intent of Congress in the Act
nor the Department in its Regulations carrying
out the congressional mandate, to interrupt
program execution through the monitoring
process. However, it is the intent of the
Congress and the mission of the Department in
promulgating the regulations, to provide a
mechanism by which progress and problems can
clearly be identified in the CDBG program both
locally and nationally.
Obviously, the issues raised in Councilman
Strong's letter of November 5, 1975 will require
review to ascertain compliance with statutory
regulations.
I have discussed this matter with Deputy Area
Director Richard Franco and Herbert Roberts,
Director of CPD. In our opinion, Councilman
Strong's concerns will be an item for monitoring
in every city that we visit because it is a
major element of the 1974 Act itself.
In closing, we would like to point out that
conscious delays in implementing the program
are likely to cause problems in your staff
being able to complete its Annual Performance
Report, and meeting A-95 requirements for the
second year plan. It may also create a gap in
your funding cycle because of a delayed appli-
cation submission. The City might consider
reviewing its decision to halt program activity
in view of these concerns.
Mr. Hopkins will be in touch with you immediately
after the first of the year (1976) to work out
the details of the monitoring visit. We look
forward to meeting you again.
Sincerely,
Earl G. Fields
Program Manager
After a lengthy discussion Councilman Rogers withdrew
his motion to remove the freeze from expending further Community
Development Block Grant Funds and requested that this item be
placed first on the Agenda for next week's Council Meeting.
Bakersfield, California, January 19, 1976 - Page 5
Reports.
Councilman Rogers, member of the Legislative Committee,
read Legislative Report No. 2-76 regarding Assembly Bill 15 and
Senate Bill 839, as follows:
Assembly Bill 15 (Warren). This is a modi-
fied version of the same bill the Council
opposed in 1975. The modifications in the
bill are not substantial, and the same
objections are present today that were present
last year.
Some of the objections are:
An intrusion of the State into the planning
of local governments. The bill creates an
Agricultural Resources Council, comprised
of State agencies, to administer the act.
Although the act places financial burdens
on local agencies in the implementation of
the act, the State disclaims any reim-
bursement to the local agencies for their
costs.
If land within the urban area is locked
into lower assessments as the act provides,
there will be a loss of revenue to the City.
Because the act is implemented at the local
level as a result of decisions of the State
Council, local agencies will get all the
heat from the enforcement of the policies
on land use.
Attached hereto is a summ~ary of Assembly Bill
15. Copies of the act were distributed last
week.
It is recommended that Assembly Bill 15 be
opposed for the reasons set forth above. Noti-
fication of the opposition of the City Council
should be sent to our legislators and the League
of California Cities.
Upon a motion by Councilman Rogers, Legislative Report
No. 2-76 opposing Assembly Bill 15, was approved, and the Mayor
was requested to prepare the necessary communications to Governor
Brown, State Legislators and the League of California Cities,
expressing the Council's opposition.
Senate Bill 839 (Way). This bill would limit
retired or terminated employees to five years
from separation from the City in which they
could file claims for disability compensation
on account of heart disease related to their
previous employment.
Bakersfield, California, January 19, 1976 - Page 6
This is the same bill the Council supported
last year. Because of time limitations between
notice from the League and Senate Committee
Action, we are unable to furnish you a copy of
the bill. The Senate Industrial Relations
Committee is acting on the bill January 21,
1976.
As last year, the Council Legislative Committee
does not believe fhat a person who has terminated
his employment with the City should be allowed
an unlimited time in which to file a claim
relating to an industrial disability. Five
years would appear to be ample time in which
a heart problem which manifests itself could
be attributable to the former employment.
It is recommended that Senate Bill 839 be
supported and our legislators and the members
of the Senate Industrial Committee be notified.
Upon a motion by Councilman Rogers, Legislative Report
No. 2-76 supporting Senate Bill 839, was approved, and the Mayor
was requested to prepare the necessary communications to State
Legislators and members of the Senate Industrial Committee,
expressing the Council's support.
Councilman Bleecker, Chairman of the Governmental
Efficiency and Personnel Committee, read Report No. 1-76 regarding
Planning Department Personnel Reclassifications, as follows:
During the last few months the City's Planning
Department has lost three employees due to
various reasons. The Governmental Efficiency
and Personnel Committee began looking at a
possible reorganization of job duties several
months ago which the staff felt would better
fit the needs of the City. Attached to this
report is a more detailed breakdown of this
reorganization, including organizational charts
and job responsibilities.
The Governmental Efficiency and Personnel
Co~ittee has evaluated the staff's recommenda-
tions, and after careful consideration and a
few modifications we are recommending Council
approval of the attached changes in the salary
resolution which will implement the following:
Eliminate the Senior Planner classification
and authorize one additional Planning
Technician position.
o
Increase the Associate Planner's monthly
pay scale from $1046 - $1275 per month to
$1249 - $1519 per month.
3. Reclassify two Planning Technician positions
to Assistant Planners.
Bakersfield, California, January 19, 1976 - Page 7
4 o
Create the classification of Assistant
Planner and approve the attached job
specifications at a salary range of $986 -
$1201, and place this classification in the
White Collar Unit.
This reorganization will result in the same man-
power that the Planning Department presently
has authorized and will result in an overall
savings to the City.
Upon a motion by Councilman Rogers, Report No. 1-76 of
the Governmental Efficiency and Personnel Committee regarding
Planning Department Personnel Reclassifications, was accepted.
Adoption of Resolution No. 1-76 of
the Council of the City of Bakers-
field amending Resolution No. 42-75~
setting salaries and related benefits
for Officers and Employees of the
City of Bakersfield.
Upon a motion by Councilman Rogers, Resolution No. 1-76
of the Council of the City of Bakersfield amending Resolution No.
42-75, setting salaries and related benefits for Officers and
Employees of the City of Bakersfield, was adopted by the following
roll call vote:
Ayes:
Councilmen Medders, Rogers, Sceales, Strong, Barton,
Bleecker, Christensen
Noes: None
Absent: None
City Manager Bergen outlined the present School Crossing
Guard Program and read a report regarding Initiation of Proceedings
for City Annexation to County Service Areas for School Crossing
Guard Purposes, as follows:
At the present time, school crossing guard
services in the Bakersfield Metropolitan Area
south of the Kern River are provided by two
entities--the City in the incorporated areas
and County Service Areas in the unincorporated
areas. Administration of the city school
crossing guard program is handled by the
Police Department. Attachment I shows the
number of school crossing guards presently
provided by the City in the incorporated areas.
The day-to-day operation of the program was
contracted out to Mr. Horace Clarke beginning
with the current 1975-76 fiscal year. Mr.
Clarke also handles the school crossing guard
program for the County.
Bakersfield, California, January 19, 1976 - Page 8
Three County Service Areas presently exist for
school crossing guard purposes in the unincor-
porated areas. These are as follows:
County Service Area 12.1 - Bakersfield School
District Boundaries
County Service Area 12.2 - Panama School District
Boundaries
County Service Area 12.3 - Greenfield School
District Boundaries
The school crossing guard program performs a
specific, specialized service--providing for
the safety and protection of children at school
crossing locations. The staff feels that this
function can best be performed in the Bakers-
field Metropolitan Area by one entity. Members
of the Police Department and City Manager's
Office have met with school officials from both
Bakersfield and Panama School Districts to
discuss the proposed annexation of city areas
to County Service Areas for such purposes.
Both school districts have indicated no
objections to this proposal. No school
crossing guard services are presently provided
in the unincorporated areas of the Greenfield
County Service Area. As such, no tax rate has
been levied in this area. State law requires
that the initial rate must be approved by
election of those residents in the area.
Although the City currently has one school
crossing guard in the Green£ield School
District (see Attachment I), the Police
Department is giving serious consideration to
the installation of a pedestrian crossing light
at that location which would eliminate the need
for a school crossing guard. Based on the above,
it is recommended that annexation to the Green-
field School District Service Area not be
considered at this time.
Annexation to the other two County Service
Areas will involve the same procedure as any
other annexation proceeding. The first step
requires that the City Council adopt resolutions
requesting the County Board of Supervisors to
initiate such proceedings. Resolutions have
been prepared for this purpose (see Attachment
II). The entire procedure takes approximately
four months. If the annexations are approved,
the County Service Areas would assume responsi-
bility £or the school crossing guard program
effective with the 1977-78 fiscal year.
In summary, the staff feels that school crossing
guard programs can be most effectively adminis-
tered when under the jurisdiction of one entity
established solely for this purpose. It is
recommended that the City Council adopt the two
resolutions initiating proceedings for the city
annexation to County Service Areas 12.1 and 12.2
for school crossing guard purposes.
344
Bakersfield, California, January 19, 1976 - Page 9
After a lengthy discussion, upon a motion by Councilman
Rogers, report regarding Initiation of Proceedings for City
Annexation to County Services Area for School Crossing Guard
Purposes was referred to the Budget Review and Finance Committee
for study and recommendation.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2696 to 2803,
inclusive, in the amount of $412,792.73.
(b) Claim for Personal Injuries from Gayla
Fay Lopez, 702 Meyer, Apt. #14, Arvin.
(Refer to City Attorney)
(c) Notice of Completion and Acceptance of
Work on surfacing of the southerly
extension of Wilson Road and widening of
a portion of Planz Road, east of Wilson
Road - Contract No. 75-101 with Dicco,
Inc.
Upon a motion by Councilman Christensen, Items (a), (b)
and (c) of the Consent Calendar, were adopted by the following
roll call vote:
Ayes: Councilmen Medders, Rogers, Sceales, Strong, Barton,
Bleecker, Christensen
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Medders, low bid of Western
Fire Equipment Company for Fire Hose, was accepted and all other
bids rejected.
Upon a motion by Councilman Medders, bid of Com Sales
for New Police Building Communications Center Personnel Status
System, was accepted, the other bid rejected and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Sceales, low bid of Griffith
Company for improvement of Wilson Road between Wible Road and
Hughes Lane, was accepted, all other bids rejected, the Mayor was
authorized to execute the contract, and Budget Transfer from the
Council Contingency Funds within the Gas Tax Account to the Public
Works Street Improvement Account No. 34-782-9500, in the amount of
Bakersfield, California, January 19, 1976 - Page l0
$6,355.00, was authorized, as this item exceeded the amount
budgeted.
New Business.
Adoption of Resolution No. 2-76 of
the Council of the City of Bakers-
field providing for Candidate's
Statement, translation thereof,
charges therefor, and otherwise
implementing the provisions of
Section 10012 of the Elections Code;
and setting a limitation of 200
words on Candidate's Statement.
Recent changes in the California Elections Code provide
that the local agency may authorize an increase in the limitation
on number of words for the Candidate's Statement from 200 to 400
words. Cost of printing the Candidate's Statement will be borne
by the candidate.
Upon a motion by Councilman Strong, Resolution No. 2-76
of the Council of the City of Bakersfield providing for Candidate's
Statement, translation thereof, charges therefor, and otherwise
implementing the provisions of Section 10012 of the Elections Code
and setting a limitation of 200 words on Candidate's Statement,
was adopted by the following roll call vote
Ayes:
Councilmen Medders, Sceales, Strong Barton, Bleecker,
Christensen
Noes: Councilman Rogers
Absent: None
Adoption of Resolution No. 3-76 of
the Council of the City of Bakers-
field fixing a time and place for
hearing protests by persons owning
real property within territory
designated as "Panorama No. 3,"
proposed to be annexed to the City
of Bakersfield.
Upon a motion by Councilman Rogers, Resolution No. 3-76
of the Council of the City of Bakersfield setting March l, 1976, in
the Council Chambers of City Hall as the time and place for hearing
protests by persons owning real property within territory designated
Bakersfield, California, January 19, 1976 - Page
as "Panorama No. 3," proposed to be annexed to the City of Bakers-
field, was adopted by the following roll call vote:
Ayes Councilmen Medders, Rogers, Sceales, Strong, Barton,
Bleecker, Christensen
Noes None
Absent: None
Adoption of Resolution No. 4-76 of
Intention to include within the
Greater Bakersfield Separation of
Grade District a portion of certain
territory designated as "Panorama
No. 3," and setting the time and
place for hearing objections to the
inclusion of said territory within
said District.
Upon a motion by Councilman Rogers, Resolution No. 4-76
of Intention to include within the Greater Bakersfield Separation
of Grade District a portion of certain territory designated as
"Panorama No. 3," and setting March l, 1976, in the Council Chambers
of City Hall, as the time and place for hearing objections to the
inclusion of said territory within said District, was adopted by
the following roll call vote:
Councilmen Medders, Rogers, Sceales, Strong, Barton,
Bleecker, Christensen
Ayes:
Noes: None
Absent: None
Approval of Engineering Services
Agreement between the City and Mason,
Vancurren and Wachob, Inc.
This agreement provides the specific performance require-
ments for the engineering investigation and design of the Northwest
Bakersfield Storm Drain Project. This contract was approved by the
Council at the January 12, 1976 Council Meeting.
Upon a motion by Councilman Medders, Engineering Services
Agreement between the City and Mason, Vancurren and Wachob, Inc.,
for the Northwest Bakersfield Storm Drain Project, was approved
and the Mayor was authorized to execute same. Councilman Strong
abstained from voting on this item.
Vice-Mayor Bleecker declared a brief recess at this time.
Bakersfield, California, January 19, 1976 - Page 12
Hearings.
This is the time set for continued hearing before the
Council on an Appeal by Benjamin P. Raygoza regarding the City
Manager's denial for a Permit to operate a motel at ll0 Truxtun
Avenue. This hearing was held over from the Council Meeting of
January 12, 1976.
After discussion, Councilman Strong moved to grant
Benjamin P. Raygoza a Permit to operate a motel at ll0 Truxtun
Avenue.
After further discussion, Councilman Medders stated that
he will support the motion to grant the permit due to the fact
that the City is safeguarded by Section 7.48.030 of the Municipal
Code and can revoke this permit if it is necessary.
Councilman Strong's motion to grant Benjamin P. Raygoza
a Permit to operate a motel at 110 Truxtun Avenue, failed to carry
by the following roll call vote:
Ayes: Councilmen Medders, Strong
Noes: Councilmen Rogers, Scea]es, Barton, Bleecker, Christensen
Absent: None
Vice-Mayor Bleecker stated that due to the fact that the
motion to grant the Permit failed to carry, the City Manager's
decision to deny Benjamin P. Raygoza a Permit to operate a motel
at 110 Truxtun Avenue is upheld.
This is the time set for continued public hearing before
the Council for hearing protests by persons owning real property
within territory designated as "Kern River No. 4," proposed to be
annexed to the City of Bakersfield.
This hearing has been duly advertised, the property posted
and notices sent to all property owners as required by law. The
public portion of this hearing was closed at the Council Meeting
of December 9, 1974.
Upon a motion by Councilman Rogers, the hearing on the
annexation of "Kern River No. 4," was continued until February 2,
Bakersfield, California, January 19, 1976 - Page 13
1976, by vote:
Ayes: Rogers, Sceales,
Christensen
Noes
Absent:
the following roll call
Councilmen Medders,
Bleecker,
None
None
This is the time
Strong, Barton,
set for continued public hearing before
the Council for hearing protests by persons owning real property
within territory designated as "Kern River No. 5," proposed to be
annexed to the City of Bakersfield.
This hearing has been duly advertised, the property posted
and notices sent to all property owners as required by law. The
public portion of this hearing was closed at the Council Meeting
of December 9, 1974.
Upon a motion by Councilman
annexation of "Kern River No. 5," was
1976,
Ayes:
Rogers, the hearing on the
continued until February 2,
Noes:
Absent:
Council,
adjourned at
by the following roll call vote:
Councilmen Medders, Rogers, Sceales,
Bleecker, Christensen
Strong, Barton,
None
None
Adjournment.
There being no further business to come before the
upon a motion by Councilman Christensen, the meeting was
10:10 P.M.
VIC A/~YOR~of~ersfield, Calif.
ATTEST:
of th~ City of B~kersfield, California Council
ma