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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