HomeMy WebLinkAbout09/20/1976 MINUTES CCBakersfield, California, September 20, 1976
259
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., September 20, 1976.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Reverend Victor
Mitchell of the Retired Disciples of Christ.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Rogers, Sceales, Strong,
Absent: None
Bleecker, Christensen,
Barton,
Medders
were approved as presented.
Council Statements.
Councilman Christensen made a motion
adopt a resolution praising the actions of the
that the Council
four Fresno Bee
newsmen who were recently jailed for refusing to revea] a
confidential source regarding a sealed grand jury transcript.
After discussion, Councilman Rogers offered a substitute
motion, since some of the Councilmen are not prepared to act on
Councilman Christensen's motion tonight, that the proposed
resolution praising the four Fresno Bee newsmen be presented in
writing to the Council for consideration prior to next week's
meeting. This motion was unanimously approved.
Councilman Rogers reported on the formation of and
outlined the need for the City to become members of the Southern
San Joaquin Ground Water Users Association.
Upon a motion by Councilman Rogers, City of Bakersfield's
membership in the Southern San Joaquin Ground Water Users Associa-
tion and fee of $200.00, were approved.
Reports.
Councilman Rogers, member of the Special Freeway Inter-
change Con~ittee read a report regarding Mr. Vernon Interchange,
as follows:
Minutes of the regular meeting of September 13, 1976
Bakersfield, California, September 20, 1976 - Page 2
For several years this Council has been
attempting to attain a full interchange at
Mt. Vernon and Freeway 178. The last report
from this committee to the Council was made
in February of this year, at which time we
indicated that we were about to file the
necessary documents to support a Negative
Declaration for the project. That submittal
began the checklist of activities prescribed
by Cal Trans, ultimately leading in the filing
of a Connection Report to the Highway Com-
mission.
Over the last several months, the Fresno
office of Cal Trans has been reviewing the
documents submitted and have on several
occasions had correspondence with the staff
to clarify various areas. The staff has
responded to all of these questions and now
feels that the State has a complete set of
documents upon which to base a decision. For
your reference, we have attached a complete
set of those documents.
Recently the City has been led to believe that
the State may have funds available which may
be utilized to upgrade existing freeway systems.
The ramps under consideration at Mt. Vernon
would fit into that type of program. In our
discussions with Cal Trans officials, it has
been impressed upon us that if the City were
to commit a portion of the project funding,
then our chances of receiving the additional
monies from the State would be greatly en-
hanced. The total project costs are estimated
at $370,000 and it is the feeling of this
committee, concurred in by Department of
Transportation officials, that if we were to
commit $100,000, we would be in an excellent
position of having the project approved.
It is therefore the recommendation of this
committee that the City Council reaffirm its
commitment to the construction of a full inter-
change at Mt. Vernon and Highway 178 by
committing the sum of $100,000 of the 1977-78
Capitol Improvement Budget for this construc-
tion. A resolution making that commitment is
attached and we recommend adoption.
Councilman Bleecker stated he would like to briefly
remind the Council of the freeway along 24th Street that was
never built, and he would hope, in the very near future, that
the City might be able to obtain a commitment from the State of
California to alleviate the traffic problems on that street.
Upon a motion by Councilman Rogers, report from the
Special Freeway Interchange Committee regarding Mt. Vernon
Interchange, was accepted.
Bakersfield, California, September 20, 1976 - Page 3
Adoption of Resolution No. 71-76 of
the Council of the City of Bakers-
field renewing request for consent
of California Highway Commission to
new on- and off-ramps at Mount Vernon
Avenue and con~itment for funding
by City of portion of cost of
construction.
Upon a motion by Councilman Rogers, Resolution No. 71-76
of the Council of the City of Bakersfield renewing request for
consent of California Highway Commission to new on- and off-ramps
at Mount Vernon Avenue and commitment for funding by City of
portion of cost of construction, was adopted by the following
roll call vote:
Ayes:
Councilmen Rogers, Sceales, Strong, Barton, Bleecker,
Christensen, Medders
Noes: None
Absent: None
Acting Director of Public Works Hawley, read a report
regarding Request for Diagonal Parking on 19th Street, as follows:
This report is submitted in response to a
petition requesting diagonal parking on 19th
Street between F and H Streets.
The Public Works Department and Police Depart-
ment have studied the parking problems and
traffic circulation and have attempted to
contact the business persons in the area.
It is our opinion, the parking mall should be
extended only by sections to promote a smooth
traffic flow, and only in those areas where
there is high impact retail business and no
off street parking. This area does not
qualify under any of these requirements.
Additionally, the parking mall concept limits
parking to ninety minutes. The advantages of
this concept would be lost if each business
that requested was granted parking limits in
front of the business reflecting their individ-
ual parking demands. Most operators of
businesses that we were able to contact are
opposed to extending the parking mall if the
ninety minute parking limit is maintained.
It is felt that there is inadequate justifi-
cation for extending the mall at this time and
I recommend that this request not be approved.
We have notified Mr. John Virrey, the person
who filed the petition, of this staff recom-
mendation.
Bakersfield, California, September 20, 1976 - Page 4
Upon a motion by Councilman Bleecker, report from the
Public Works Department regarding Diagonal Parking on 19th Street
between "F" and "H" Streets, was received, ordered placed on file
and recommendation as stated in the report was approved.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 947 to lll0,
inclusive, in the amount of $276,257.27.
(b)
Claim for Damages from Ismael Martinez,
417 Richards Street, Bakersfield. (Refer
to City Attorney)
(c)
Claim for Personal Injuries from Richard
Wilbur Frizzle, 514 Lincoln Avenue,
Oildale. (Refer to City Attorney)
(d)
Map of Tract No. 3826-A and Improvement
Agreement for construction of improve-
ments therein - located north of Edwards
Avenue and west of Sandy Lane.
(e)
Notice of Completion and Acceptance of
Work on street and sewer improvements
under Tract No. 3756 - Contract No.
75-121 with Tenneco Realty Development
Corporation.
(f)
Notice of Completion and Acceptance of
Work on street and sewer improvements
under Tract No. 3759 - Contract No.
75-95 with Tenneco Realty Development
Corporation.
(g)
Notice of Completion and Acceptance of
Work on street improvements known as
Raintree Gardens, Exhibit A, with Tenneco
Realty Development Corporation.
(h)
Notice of Completion and Acceptance of
Work on sewer improvements known as
Quailwood Drive Sewer Plans with Tenneco
Realty Development Corporation.
(i)
Budget Transfer in the amount of $5,300
from Public Works Equipment Replacement
Contingency Account No. 81-484-6100 to
Public Works Auto Equipment Account No.
81-484-7200 within the Equipment Replace-
ment Fund, for replacement of wrecked
sedan in the Police Department.
(J)
Request from Hill Top Developers, Inc.,
to connect Tract No. 3812, located in
the County north of Harris Road, to
City Sewer. (Refer to Planning Com-
mission for recommendation)
Bakersfield, California, September 20, 1976 - Page 5
(k)
(1)
Request from Jay Alvin Wheelan and Severin
Sandrini for annexation of property
located on the northeast corner of Stine
Road and Panama Lane and containing
approximately 75 acres of land. (Refer
to Planning Commission for study and
reco~nendation)
Budget Transfer in an mount not to exceed
$500.00 from Council Contingency Account
No. 11-5~2-6100 to City Clerk's Office
and Household Equipment No. 11-523-7100
for purchase of new recording and trans-
scribing machine for City Clerk's office.
Upon
(c), (d), (e),
Calendar, were
Ayes: Councilmen
Noes: None
Absent: None
a motion by Councilman Christensen, Items (a), (b),
(f), (g), (h), (i), (j), (k) and (1) of the Consent
adopted by the following roll call vote:
Rogers, Sceales, Strong, Barton, Bleecker,
Christensen, Medders
Action on Bids.
Upon a motion by Councilman Strong, usual bidding
requirements were dispensed with, in accordance with Section
5.20.060 of the Municipal Code, and the Finance Director was
authorized to negotiate prices for five undercover cars for the
Police Department at a maximum cost of $4,500.00 each.
Upon a motion by Councilman Strong, low bid of Hoven
& Co., Inc., for Annual Contract - Blueprint Reproduction, was
accepted, the other bid rejected and the Mayor was authorized
to execute the contract.
Upon a motion by Councilman Sceales, low bid of P. R.
Field, Inc., for construction of Stine Canal Culvert at Planz
Road, was accepted, all other bids rejected and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Bleecker, low bid of Perez
Bros. Paving for construction of Truxtun Avenue Parking Lot
between "H" Street and Eye Street, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
Bakersfield, California, September 20, 1976 - Page 6
New Business.
Adoption of Resolution No. 72-76 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.
This resolution authorizes the Attorney's office to
destroy obsolete records, reports, etc. that are more than five
years old. Government Code Section 34090 permits destruction of
certain public records more than five years old upon approval of
the City Attorney and a resolution adopted by the City Council.
Upon a motion by Councilman Bleecker, Resolution No.
72-76 of the Council of the City of Bakersfield approving the
destruction of certain obsolete City records, documents, instru-
ments, books and papers, pursuant to Section 34090 et seq. of
the Government Code of the State of California, was adopted by
the following roll call vote:
Councilmen Rogers, Sceales, Strong, Barton, Bleecker,
Christensen, Medders
Ayes:
Noes: None
Absent: None
Appointment of Voting Delegate and
Alternate for the League of Cali-
fornia Cities Conference, October
17-20, 1976.
Each year the League of California Cities requests that
the City Council designate a voting representative and alternate
to vote on matters affecting municipal or league policy during
the conference.
Upon a motion by Councilman Rogers, Councilman Barton
was designated as Voting Delegate for the League of California
Cities Conference to be held in San Diego, October 17-20, 1976.
Upon a motion by Councilman Sceales, Councilman Christensen
was designated as the Alternate Voting Delegate for the League of
California Cities Conference to be held in San Diego, October
17-20, 1976.
Bakersfield, California, September 20, 1976 - Page 7
265
Approval of Program Supplement No. 1
to City/State Master Agreement for
Railroad Crossing Protection.
This program supplement is an agreement with the State
to proceed with installation of crossing protection at the 21st
Street/Gage Street intersection with the Santa Fe Railroad and
will be funded with 90% Federal Aid and 10% Cify funds. Estimated
total cost of the project is $52,000.00. Funds are available
in the Major Street Improvement Account for the City's share of
the cost.
Upon a motion by Councilman Strong, Program Supplement
No. 1 to City/State Master Agreement for Railroad Crossing
Protection at the 21st Street/Gage Street intersection with the
Santa Fe Railroad, was approved and the Mayor was authorized to
execute same.
Approval of Agreement between City
and State for Federal-Aid Highway
Improvement Projects.
This agreement provides the requirement for funding of
improvement under the Federal Highway Sa£ety Act. The project
being proposed is Railroad Crossing Protection at the 21st Street/
Gage Street intersection with the Santa Fe Railroad. Under this
program the City's share for construction of crossing protection
is 10% o£ construction cost. Under our present construction
program under agreement with the railroad and P.U.C. the City's
25%, therefore using Federal Aid would be a savings to
share is
the City.
Upon a motion by Councilman Strong, Agreement between
the City and State for Federal-Aid Highway Improvement Projects
for Railroad Crossing Protection at the 21st Street/Gage Street
intersection with the Santa Fe Railroad, was approved and the
Mayor was authorized to execute same.
Hearings.
This is the time set for public hearing before the
Council for hearing protests by persons owning real property
Bakersfield, California, September 20, 1976 - Page 8
cipation.
portion of
action.
within territory designated as "White Lane No. 9," proposed to
be annexed to the City of Bakersfield.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
Mayor Hart declared the hearing open for public patti-
No protests or objections being received the public
the hearing was closed for Council deliberation and
Upon a motion by Councilman Sceales, Resolution No.
73-76 of the Council of the City of Bakersfield declaring that
a majority protest has not been made to the annexation of "White
Lane No. 9," proposed to be annexed to the City of Bakersfield,
was adopted by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton. Bleecker,
Christensen, Medders
Noes: None
Absent: None
Upon a motion by Councilman Sceales, Ordinance No. 2294
New Series approving annexation of a parcel of uninhabited
territory to the City of Bakersfield, California, designated as
"White Lane No. 9," and providing for the taxation of said terri-
tory to pay the bonded indebtedness of said City, was adopted by
the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Bleecker,
Christensen, Medders
Noes: None
Absent: None
This is the time set for public hearing before the
Council of the City of Bakersfield on the initiated action by
the Planning Commission to Zone Upon Annexation to an R-1 (One
Family Dwelling), or more restrictive, Zone, that certain property
in the County of Kern located on the north side of White Lane and
Bakersfield, California, September 20, 1976 - Page 9
267
westerly of South Chester Avenue, known as "White Lane No. 9"
Annexation. (Negative declaration filed August 19, 1976)
This hearing has been duly advertised, the property
posted and the property owners have been notified as required
by law.
The Planning Commission has approved a 59-1ot single
family subdivision on subject property upon annexation.
The Planning Commission found the proposed R-1 zoning
consistent with the Genera] Plan and recommended approval of the
zoning upon annexation.
Mayor Hart declared the hearing open for public parti-
cipation. 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. 2295
New Series amending Section 17.12.020 of Chapter ]7.12 (Zoning
Map) of the Municipal Code of the City of Bakersfield, was adopted
by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Bleecker,
Christensen, Medders
Noes: None
Absent: None
This is the time set for public hearing on application
by Tenneco Realty Development Corporation to amend the zoning
boundaries from an R-1 (One Family Dwelling) Zone to an R-2-D
(Limited Multiple Family Dwelling - Architectural Design), or
more restrictive, Zone, of that certain property in the City of
Bakersfield located at the northwest corner of Ming Avenue and
Manning Street. (Negative declaration posted August 5, 1976)
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
o68
Bakersfield, California, September 20, 1976 - Page
This 5.3 acre parcel is a portion of a newly developing
area located at the westerly terminus of Ming Avenue, a major
arterial as shown on the General Plan. Due to the deletion of a
proposed park site and with the location of a sump site im~nediately
to the north, this property (future lots) can only front on Ming
Avenue. The Planning Commission found that the proposed zoning
would be consistent with the Land Use Element of the General Plan
which depicts the area as low-density residential.
The Planning Commission approved the zoning, as requested
and advertised.
Mayor Hart declared the hearing open for public partici-
pation. Mr. Chuck Tolfree, representing the applicant Tenneco
Realty Development Corporation, 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. 2296
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 north-
west corner of Ming Avenue and Manning Street, was adopted by the
following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Bleecker,
Christensen, Medders
Noes: None
Absent: None
This is the time set for public hearing on application
by Tenneco Realty Development Corporation to amend the zoning
boundaries from a C-O-D (Commercial and Professional Of£ice -
Architectural Design) Zone to a C-2-D (Commercial - Architectural
Design), or more restrictive, Zone, affecting that certain property
in the City o£ Bakersfield located at the northeast corner of
Stockdale Highway and California Avenue. (Negative declaration
posted August 5, 1976)
Bakersfield, Caifornia, September 20, 1976 - Page
269
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
The proposed C-2-D zoning covers three parcels of land
within an area proposed for a large office complex. Two restaurants
and a racquet ball facility are planned on the three C-2 parcels.
The Planning Commission was of the opinion that these proposed
uses would be compatible with the commercial-office complex and
consistent with the Land Use Element of the General Plan, and
recommended approval of the C-2-D zoning, as requested and
reviewed.
Mayor Hart declared the hearing open for public patti-
cipation.
Chuck Tolfree, representing the applicant Tenneco
Mr.
Realty Development Corporation, was present to answer questions
of the Council.
Mr. Roy Carver, developer of the proposed facilities,
presented pictures and renderings of the two restaurants and
racquet ball facility.
No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Medders, Ordinance No. 2297
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 north-
east corner of Stockdale Highway and California Avenue, was
adopted by the following roll call vote:
Ayes
Noes
Absent:
Councilmen Rogers, Sceales, Strong, Barton, Bleecker,
Christensen, Medders
None
None
270
Bakersfield, California, September 20, 1976 - Page
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 9:05 P.M.
Calif.
ATTEST:
CITY C~RK and Exr~fficio Clerk o2 the Council
of the City of B~ersfield, California