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HomeMy WebLinkAbout10/25/1976 MINUTES CCBakersfield, California, October 25, 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., October 25, 1976. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Donald A. Rogers. Present: Absent: The City Clerk called the roll as follows: Mayor Hart. Councilmen Bleecker, Christensen, Medders, Rogers, Sceales, Strong, Barton None Minutes of the regular meeting of October ll, 1976 were approved as presented. Scheduled Public Statements. Mr. Art F. Tognini, 1942 Terrace Way, Chairman of the American Revolution Bicentennial Committee, presented a Certificate of Appreciation of Meritorious Support of the Nation's Bicentennial to the Fire Department in recognition of a Fire Department Pumper that has been decorated in a traditional manner for the bicentennial. Fire Chief Needham, when accepting the award, introduced Auxiliary Fire Chief Bob Leonard who was instrumental in aiding former Fire Chief Cal Haggard on this project. Mrs. Vera Zarzana, 3608 Rampart Street, President of the Chipman Junior High School P.T.A., requested that the City provide another access street to Chipman Junior High School, Eissler Elementary School and Highland High School due to the excessive traffic on Auburn Street. Acting Public Works Director Hawley explained some of the problems the City faces in trying to extend the surrounding streets prior to the adjacent properties being developed and stated that one temporary solution that has been suggested is staggering the school sessions. Traffic Engineer Hahs stated that a meeting is being set up with the three school administrators to discuss some of the problems and hopefully find a solution. Bakersfield, California, October 25, 1976 - Page 2 293 Councilman Rogers stated that staff members will be available to meet with the school boards and administrators to help solve the traf£ic problem. Mrs. Lucile Wake, School Board Member, expained some of the transportation problems connected with staggering school sessions and made some suggestions for immediate solutions. Council Statements. Upon a motion by Councilman Rogers, Minute Order authorizing the use of the City of Bakersfield's name in support of an Amicus Curiae Brief filed by North Kern Water Storage District to change a decision that was made regarding the Pine Flat Reservoir located in Tulare County which has to do with the quota of water that can be used £or farm lands, was approved. Councilman Rogers requested that a staf£ member who is familiar with the traffic problems on Auburn Street attend the next P.T.A. meetings of Eissler Elementary School, Chipman Junior High School and Highland High School. Upon a motion by Councilman Rogers, Minute Order authorizing City Attorney Hoagland to sign an application to the Public Utilities Commission for transfer of Kern Island Water Company and Kern River Canal and Irrigating Company assets to the City of Bakersfield, was approved. Councilman Rogers read a letter o£ complaint he received from Mr. Nathan Krevitz regarding the City's purchase of property from Haberfelde Ford located south o£ City Hall and north of the Santa Fe Railroad tracks for parking purposes. Councilman Rogers made a motion that Mr. Krevitz's letter be received and placed on file and this motion £ailed to carry by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Councilmen None Councilman Medders Rogers, Sceales, Strong Bleecker, Christensen, Barton Bakersfield, California, October 25, 1976 - Page 3 Pursuant to Section 14 of the City Charter, which states that in case of a tie vote by the Council the Mayor shall cast the deciding vote, Mayor Hart voted in the negative. Upon a motion by Councilman Sceales, Councilman Rogers was appointed as Director and City Manager Bergen was appointed as Alternate Director of the Southern San Joaquin Ground Water Users Association. Adoption of Resolution No. 78-76 of the Council of the City of Bakers- field opposing Proposition 14 on the November 2 Ballot. Councilman Bleecker requested of the resolution be amended to read as lined) 78-76, as amended, of the Council of the City of opposing Proposition 14 on the November 2 Ballot, the following roll call vote Ayes: Noes: Absent: that the last paragraph follows: (Amendment under- "NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Bakersfield City Council be on record opposing Proposition 14 for the speci£ic reasons stated in the resolution." Upon a motion by Councilman Sceales, Resolution No. Bakersfield was adopted by Councilmen Bleecker Christensen, Medders, Seeales, Barton Rogers, None Councilman Strong Councilman Bleecker questioned the City Attorney regarding what types of organizations can obtain a license to conduct Bingo games and who makes the determination. Councilman Bleecker asked Acting Public Works Director Hawley where the City stands on the beautification of the south side of 16th Street where it joins the vacant lot owned by the Santa Fe Railroad Company. Acting Public Works Director Hawley stated that a letter has been received from the Santa Fe Improvement Company in which they stated they do not want to participate in the cost, however, Bakersfield, California, October 25, 1976 - Page 4 295 in a telephone conversation today the possibility of sharing the cost was discussed. Councilman Medders recognized Mr. Marvin Belcher and a Boy Scout Troop who were in attendance at the Council Meeting. Upon a motion by Councilman Barton, Voting Delegates Report of the League of California Cities held in San Diego on October 18-20, 1976, was received and ordered placed on file. Reports. Councilman Bleecker, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 16-76 regarding Conflict of Interest Code, as follows: The Governmental Efficiency and Personnel Committee has been meeting periodically with the City Manager's Office and the City Attorney's Office in regards to the Political Reform Act of 1974 which requires each agency of the City to adopt a conflict of interest code. Attached to this report is a model code which has been prepared by the Attorney's Office to meet the requirements of this law. Also attached is a proposed resolution of the City Council which designates 21 city agencies, including various boards, commissions, committees and departments which are required to adopt a conflict of interest code. This resolution also establishes January 3, 1977, as the deadline for submission of these codes by the various agencies to the City Council. The City Council must then, within 90 days, review and approve, or revise and approve, or return the proposed code for revision. This code, in effect, requires designated employees or officers to disqualify themselves from making, or participating in the making of any decisions which will fore- seeably have a material financial effect on any reportable economical interest. The GEP Committee is satisfied with the proposed format for this conflict of interest code as mandated by state law, and is therefore recom- mending City Council approval of the attached resolution. Upon a motion by Councilman Bleecker, Report No. 16-76 of the Governmental Efficiency and Personnel Committee regarding Conflict of Interest Code, was accepted. Bakersfield, California, October 25, 1976 - Page 5 Adoption of Resolution No. 79-76 of the Council of the City of Bakers- field designating the City Agencies required to adopt Conflict of Interest Codes and establishing deadline for submission to the City Council of proposed Conflict of Interest Codes and stating certain requirements of the Political Reform Act of 1974. Upon a motion by Councilman Bleecker, Resolution No. 79-76 of the Council of the City of Bakersfield designating the City Agencies required to adopt Conflict of Interest Codes and establishing deadline for submission to the City Council of proposed Conflict of Interest Codes and stating certain requirements of the Political Reform Act of 1974, was adopted by the following roll call vote: Ayes: Councilmen Bleecker, Christensen, Medders, Rogers, Sceales, Barton Noes: None Absent: Councilman Strong City Manager Bergen read a report regarding Weekend Work at Centennial Park, as follows: This is in response to Mrs. Anne Monroe's questions at the October 4, 1976 Council Meeting regarding the City's policy on paying time and one-half or double time for employees working on Sundays and also regarding the necessity of numerous trips to and from Centennial Park by the City crews on weekends. During the summer months when picnic reser- vation areas and softball diamonds are used the most, we hire temporary park maintainers to perform duties at our parks on weekends and holidays. Their duties are to clean and disinfect restrooms at least twice a day, program lights on softball diamonds, make minor repairs to play equipment and remove litter from park grounds. One temporary park maintainer was assigned to Wayside, Centennial, Saunders and Beale Parks and to all median islands that are in the area. As Saturdays and Sundays are the employees regular scheduled work days, he receives a straight salary for working those days. Often during the summer, special organized activities taking place within a park will require more service and the park maintainer will make additional trips to the park. Bakersfield, California, October 25, 1976 - Page 6 297 Normally the park maintainer will work alone, however during this past summer the Parks Division participated in a program called "Careers" in which high school students received training by working with the Parks Division personnel. One of these students worked and traveled with the park maintainer assigned to the four parks mentioned above. This student did not receive a salary from the City. A review of our records for the last three months found no other employees working at or near Centennial Park on Saturdays or Sundays. If an employee was called out to handle an emergency situation he would be paid time and one-half for hours worked in excess of his normal 40 hours per week. City Manager Bergen read the recommendations from a two page report of the Public Works Department regarding Franklin School crosswalks, as follows: 1. Traffic officers continue increased patrol of the area. 2. Remove school crosswalk at the intersection of 18th and "A" Streets. 3. Provide an adult crossing guard at the intersection of 18th and Cedar Streets. 4. Transfer $3,500.00 to pay for crossing guard. Upon a motion by Councilman Bleecker, Budget Transfer in the amount of $3,500.00 to pay for crossing guard, was approved. Upon a motion by Councilman Bleecker, report from the Public Works Department regarding Franklin School crosswalks, was received and ordered placed on file, and recommendations as out- lined in the report were approved. Councilman Bleecker stated that he would like to have added to the report that two or three parking spaces have been removed and painted red on the south side of the intersection of Truxtun Avenue and "A" Street so the traffic going east on Truxtun Avenue will be able to see persons waiting to cross the street. Councilman Rogers reported that on Wednesday, October 20, 1976 the Mayor presented the State Highway Commission the resolution reaffirming the City's interest in the development of 298 Bakersfield, California, October 25, 1976 - Page 7 a full interchange at Mt. Vernon Avenue and Freeway 178, and committing $100,000.00 of the 1977-78 Capital Improvement Budget towards its construction. The Highway Commission moved that, pending completion of some final environmental work (estimated for the end of November), this matter would be placed on the Commission's agenda for December for issuance of a Connection Report and funding of the project. The impact of this motion on the part of the Commission is that they will approve the con- struction of a full interchange as soon as the necessary engineering the work is completed by the State. It is anticipated that construction will begin within the next six months. The (a) (~) (c) (d) (e) (f) (g) (h) (i) Consent Calendar. following items were listed on the Consent Calendar: Allowance of Claims Nos. 1377 to 1630, inclusive, in the amount of $374,379.42. Claim for Damages from Pacific Gas and Electric Company. (Refer to City Attorney) Claim for Damages from Rebecca Lynn Boardman, 2304 Elaine, Bakersfield. (Refer to City Attorney) Road Easement from Tenneco Realty Develop- ment Corporation for Raintree Lane located south of Ming Avenue and between New Stine Road and Canter Way. Map of Tract No. 3761-B and Improvement Agreement for construction of improve- ments therein - located at southwest corner of Planz Road and Akers Road. Improvement Agreement for Parcel Map No. 3765 required by the Planning Commission. Improvement Agreement for Parcel Map No. 3780 required by the Planning Commission. Map of Tract No. 3816 located at the northwest corner of Dana Street and University Avenue. Map of Tract No. 3838, Unit "A" and Improvement Agreement for construction of improvements therein - located south of Auburn Street between Oswell Street and Eissler Street. Bakersfield, California, October 25, 1976 - Page 8 299 (J) Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Parcel Map No. 2901 - Contract No. 75-87 with Tenneco Realty Development Corporation. (k) Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3753 - Contract No. 76-52 with Highlands Development, Inc. (i) Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3774 - Contract No. 76-16 with Watson Realty Company. (m) Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3776 - Contract No. 76-17 with Elmer F. Karpe, Inc. (n) Notice of Completion and Acceptance of Work on Street Improvements under Tract No. 3810 - Contract No. 76-50 with Tenneco Realty Development Corporation. (o) Application for Encroachment Permit from Panama Union School District. (p) Request from Lawton Powers, Inc. for annexation of property located near the northeast corner of Hughes Lane and Ming Avenue. (Refer to Planning Commission for study and recommendation) (q) Request from Bakersfield Investment and Realty Co. for amendment to the Land Use Element of the General Plan on vacant lot located on the southeast corner of Mt. Vernon Avenue and Panorama Drive. (Refer to Planning Commission for study and recommendation) Upon a motion by Councilman Christensen, Items (a), (b), (c), (d), (e), (£), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p) and (q) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Bleecker, Christensen, Medders, Rogers, Sceales, Barton Noes: None Absent: Councilman Strong Action on Bids. Upon a motion by Councilman Medders, low bid of L-Tron Electronics for Control Console, Microphones and Amplifiers for Civic Auditorium, was accepted and the other bid rejected. 800 Bakersfield, California, October 25, 1976 - Page 9 Deferred Business. Upon a motion by Councilman Christensen, Mr. IV. Francis Parsons, 1117 Princeton Avenue, was appointed to the Bakersfield Art Commission to fill a vacancy created by the resignation of Mr. Carter Breusing, for a term at the pleasure of the Council. New Business. Adoption of Resolution No. 80-76 of the Council of the City of Bakers- field endorsing and commending the Bakersfield 2000 Project of the Greater Bakersfield Bicentennial Committee. Upon a motion by Councilman Rogers, Resolution No. 80-76 of the Council of the City of Bakersfield endorsing and cormmending the Bakersfield 2000 Project of the Greater Bakersfield Bicen- tennial Committee, was adopted by the following roll call vote: Ayes: Councilmen Bleecker, Christensen, Medders, Rogers, Sceales, Barton Noes: None Absent: Councilman Strong Mayor Hart requested that each Councilman designate two persons from their ward to serve on the Citizens Congress for the Greater Bakersfield Bicentennial Committee's Project Bakers- field 2000. Adoption of Ordinance No. 2299 New Series approving annexation of a parcel of uninhabited territory to the City of Bakersfield, California, designated as "Ming No. 7," and providing for the taxation of said territory to pay the bonded indebted- ness of said City. Upon a motion by Councilman Barton, Ordinance No. 2299 New Series approving annexation of a parcel of uninhabited terri- tory to the City of Bakersfield, California, designated as "Ming No. 7," and providing for the taxation of said territory to pay the bonded indebtedness of said City, was adopted by the following Bakersfield, California, October 25, 1976 - Page l0 301 roll call vote: Ayes: Councilmen Bleecker, Christensen, Medders, Rogers, Sceales, Barton Noes: None Absent: Councilman Strong Adoption of Resolution No. 81-76 of the Council of the City of Bakers- field 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. This resolution authorizes the Clerk'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 the approval of the City Attorney and a resolution adopted by the City Council. Upon a motion by Councilman Medders, Resolution No. 81-76 of the Council of the City of Bakersfield approving the destruction of certain City records, documents, instruments, 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: Ayes: Councilmen Bleecker, Christensen, Medders, Rogers, Sceales, Barton Noes: None Absent: Councilman Strong Approval of Contract with Bakersfield Art Commission for use of Cunningham Memorial Art Gallery. Upon a motion by Councilman Christensen, Contract with the Bakersfield Art Commission for use Gallery for a period of ten years, was authorized to execute same. of Cunningham Memorial Art approved and the Mayor was Approval of Boundaries of proposed Annexation designated as Union No. 7. Upon a motion by Councilman Barton, Annexation boundaries designated as Union No. 7, located west of South Union Avenue 302 Bakersfield, California, October 25, 1976 - Page between Pacheco Road and Fairview Road and containing 11.42+ acres of uninhabited territory, were approved and referred to the City Engineer and City Attorney for referral to LAFCO. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 9:20 P.M. MA d, Calif. ATTEST: CITY K a Clerk of the Council of the City of Bakesfield, California ma