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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