HomeMy WebLinkAbout11/08/1976 MINUTES CCBakersfield, California, November 8, 1976
311
regarding
mission.
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., November 8, 1976.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Reverend John Evans
of the First Christian Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Medders, Rogers, Sceales, Strong,
Barton, Bleecker, Christensen
Absent: None
Minutes of the regular meeting of November l, 1976 were
approved as presented.
Scheduled Public Statements.
Mr. Nick Scanlan, 247 Bernard Street, Director of the
Transcendental Meditation Program in Bakersfield, addressed the
Council regarding a campaign being started in Bakersfield to
create an "Ideal Society" through the Transcendental Meditation
Program.
Mrs. Linda Taylor, representing the Kern County Council
of Campfire Girls, addressed the Council regarding their Annual
Candy Sale and several Campfire girls presented the Mayor and
Council with boxes of candy.
Mrs. Jill Haddad, Chairman of the Planning Commission,
refuted statements that appeared in the Bakersfield Californian
the relationship between the Council and Planning Com-
ment:
Council Statements.
Councilman Bleecker read the following prepared state-
"I would like to bring the official attention
of the Council a public service program which
is of great importance to all citizens of
Bakersfield and Kern County.
The program is still in the organizational and
formative stage and deserves the strong support
012
Bakersfield, California, November 8, 1976 - Page 2
of this Council and every private citizen.
The Bakersfield East Rotary Club has become
the nucleus of a community-oriented service
effort called the Neighborhood Crime Watch
Program. The purpose of the program is to
systematically cut crime by encouraging private
citizens to join together in neighborhood
groups to work with local law enforcement
agencies. Crime prevention is the main theme.
Each rotary club in the city and county will
be asked to appoint a committee to work in the
neighborhoods with the help and assistance of
city and county law enforcement personnel.
The Bakersfield East Rotary Club is the initial
organizer and has appointed the following
committee from its members:
Mr. A1Leddy - Kern County District Attorney,
Chairman
Capt. Rolland Behringer - California Highway
Patrol, Assistant Chairman
Other members of the committee include:
Mr. Harry Hurst - Oil Operator
Mr. Dan Baehm - District Manager, Safeway
Stores
Mr. Jim Nephew - Insurance Manager
Mr.
Brad Ritter - Account Executive, E. F.
Hutton & Co., and Police
Civil Service Commissioner
Mr. Mayor, I can't think of any other service
club effort more important to this community
at this time than the one currently proposed
by the Bakersfield East Rotary Club, particularly
in light of what we all know to be an unaccept-
able level of all types of major and minor
crimes plaguing not only this community but
almost all populated areas across the State
and nation.
Therefore, Mr. Mayor, I move that this Council
support the concept of a Neighborhood Crime
Watch Program as proposed by the Bakersfield
East Rotary Club; that all departments and
employees of the City under the guidance of
the City Manager be asked to give their
official and personal support to such a program;
and that the members of this Council, by Minute
Order, proclaim their official and individual
support of such a program."
Councilman Bleecker's motion that the Council support
the concept of a Neighborhood Crime Watch Program as proposed by
the Bakersfield East Rotary Club; that all departments and
Bakersfield, California, November 8, f976 - Page 3
313
employees of the City under the guidance of the City Manager be
asked to give their official and personal support to such a
program; and that the members of the Council, by Minute Order,
proclaim their official and individual support of such a program,
was approved.
Councilman Medders questioned the legality of election
signs on an old fire truck parked at the southeast corner of
California Avenue and Oak Street and also commented on the traffic
hazard caused by the fire truck.
City Attorney Hoagland stated that the signs were not
in accordance with the Sign Ordinance and the person responsible
was told they must be removed.
Councilman Medders requested that the staff investigate
the possibility of painting the curbs red at the intersection of
California Avenue and Oak Street to put a stop to vehicles parking
there in the future.
Councilman Strong questioned the staff regarding a
notice for sale of excess park property and asked if it is
customary for the City not to have a provision for a commission.
He stated that most realtors would be in a position to sell
property if a provision was made to pay a commission.
Reports.
Councilman Medders, Chairman of the Budget Review and
Finance Committee, read Report No. 12-76 regarding Title II -
Public Works Employment Act o£ 1976, as follows:
This Committee has met with the staff to review
the provisions of Title II of the Public Works
Employment Act of 1976. The purpose of the
Public Works Employment Act is to stimulate the
economy at the state and local levels and act
as an anti-recession measure by providing
fiscal assistance to increase employment.
Title II of the act is specifically designed
to provide assistance to state and local govern-
ments to be used for the maintenance of levels
of public employment and of basic services.
It provides up to $1.25 billion in five quarterly
Bakersfield, California, November 8, 1976 - Page 4
payments for the period July l, 1976 through
September 30, 1977. The amount to be dis-
tributed quarterly on the national level is
based on the amount by which the nationwide
unemployment rate exceeds 6%. No allocations
will be made when the nationwide unemployment
rate drops below 6%. State and local govern-
ments will be eligible for quarterly grants
as long as their unemployment rates exceed
4.5/0. These grants must be appropriated or
spent within six months after receipt. Pre-
liminary estimates from the Office of Revenue
Sharing, the administering federal agency,
indicates the City of Bakersfield will be
entitled to approximately $100,000 for the
first two quarters. The City has a number of
maintenance-type projects where these funds
could be used.
To receive these funds, the City must submit,
by November 12, a signed Statement of Assurances
(see Attachment I). This committee has reviewed
the assurances and feels that further clarifi-
cation of Assurance #10 is needed. However,
we feel the City has a need for these funds
and are thus recommending the following:
l)
The City Council authorize the City Manager
to sign and submit the Statement of
Assurances.
2)
The staff be directed to contact the Office
of Revenue Sharing and obtain sufficient
information for this Committee to evaluate
the City's compliance with Assurance #10.
3)
Grant funds received be placed in a trust
fund and not be spent until the City
Council is satisfied that the City complies
with all the Assurances.
Upon a motion by Councilman Medders, Report No. 12-76
of the Budget Review and Finance Committee regarding Title II -
Public Works Employment Act of 1976, was accepted; the City
Manager was authorized to sign and submit the Statement of
Assurances; the staff was directed to contact the Office of
Revenue Sharing and obtain sufficient information for this
Committee to evaluate the City's compliance with Assurance #10;
and Grant Funds that are received are to be placed in a trust
fund and not spent until the City Council is satisfied that the
City complies with all the Assurances. Councilman Rogers voted
in the negative on this motion.
Bakersfield, California, November 8, 1976 - Page 5
315
City Manager Bergen read a report regarding Title I
Public Works Employment Act o£ 1976, as follows:
Title I of the Public Works Employment Act of
1976, which is entitled the Local Public Works
Capital Development Act, authorizes grants to
state or local governments for local public
works projects that will stimulate employment.
The Federal Government has authorized $2.0
billion for the program seventy (70) percent
of all funds for areas with unemployment in
excess of the national rate and thirty (30)
percent for areas below. California has been
allocated 9250 million.
As I previously mentioned to the Council, the
staff was reviewing its list of projects to
determine which projects are at a sufficient
stage of completion to meet the stringent time-
tables required by the program. The attached
memorandum (Attachment I) from Dale Hawley,
Acting Public Works Director, discusses the
difficulties in arriving at projects and lists
those which could be ready for on-site
construction 90 days after approval.
Attached for your information are the Assurances
(Attachment II) the City would be required to
comply with. They do not particularly concern
me, as they are no different than those of
other federal programs the City has participated
in.
The administering federal agency, Economic
Development Administration, began accepting
applications on October 26. To apply for these
funds the City Council should approve the
attached Resolution (Attachment III) approving
the application at the earliest date possible.
We feel the application can be completed by
Friday of this week and would recommend the
Council adopt the resolution so we may submit
the application immediately after completion.
After discussion, upon a motion by Councilman Strong,
report from the City Manager regarding Title I Public Works
Employment Act of 1976, was accepted by the following roll call
vote:
Ayes: Councilmen Medders, Sceales, Strong, Barton, Bleecker,
Christensen
Noes: Councilman Rogers
Absent: None
Bakersfield, California, November 8, 1976 - Page 6
Adoption of Resolution No. 83-76 of
the Council of the City of Bakers-
field approving the Application for
Public Works Employment Act of 1976,
Title I, grant moneys for Storm
Drains, additions to the Corporation
Yard and Curb and Gutters.
Upon a motion by Councilman Strong, Resolution No. 83-76
of the Council of the City of Bakersfield approving the applica-
tion for Public Works Employment Act of 1976, Title I, grant
moneys for Storm Drains, additions to the Corporation Yard and
Curb and Gutters, was adopted by the following roll call vote:
Ayes: Councilmen Medders, Sceales, Strong, Barton, Bleecker,
Christensen
Noes: Councilman Rogers
Absent: None
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1704 to 1746,
inclusive, in the amount of $49,349.79.
(b)
Claim for Damages from the Maryland
Insurance Company, Sacramento, on behalf
of Richard W. Frizzle. (Refer to City
Attorney)
(c)
Storm Drain Easement from Bernard J.
MacElhenny, Jr. and Carole E. MacElhenny,
providing storm drain access as required
for Parcel Map No. 3293 and located on
Coventry Lane between Agate Street and
Larson Street.
(d)
Public Utility and Sewer Easement from
Tenneco Realty Development Corporation,
required for Parcel Map No. 3780 and
located at northeast corner of California
Avenue and Stockdale Highway.
(e)
Sewer Easement from Lavonne Klassen,
Michael Klassen, Marsha Klassen and
Donald Klassen, required for Parcel Map
No. 3739 and located on Dracena Street
at Myrtle Street.
(f)
Street Easement from Tenneco Realty
Development Corporation, providing
street right-of-way for Business Center
Drive as required by the Planning Com-
mission for Parcel Map No. 3780.
Bakersfield, California, November 8, 1976 - Page 7
317
(g)
Map of Tract No. 3809 and Improvement
Agreement for construction of improve-
ments therein - located at northwest
corner of New Stine Road and Appleblossom
Drive.
(h)
Map of Tract No. 3821 and Improvement
Agreement for construction of improve-
ments therein - located west of Wilson
Road and south of Fraser Road.
(i)
Notice of Completion and Acceptance of
Work on Pavement Improvements on portions
of Akers Road, Ming Avenue and various
local streets - Contract No. 76-112 with
Griffith Company.
(J)
Notice of Completion and Acceptance of
Work on construction of Truxtun Avenue
Parking Lot between "H" Street and Eye
Street - Contract No. 76-129 with Perez
Brothers.
(k) Application for Encroachment Permit from
Joseph J. Munoz, 3125 Cardinal Avenue.
(1) Application for Encroachment Permit from
James A. Cox, 801 E1 Rancho Drive.
(m)
Request from Moreland Engineering, Inc.
for annexation of property located norfh-
east of Highland High School. (Refer to
Planning Commission for study and recom-
mendation)
(n)
Request from Moreland Engineering, Inc.
for annexation of property located near
the northwest corner of Sterling Road
and Brundage Lane and containing approxi-
mately 29.15 acres of land. (Refer to
Planning Commission for study and recom-
mendation)
Upon a motion by Councilman Christensen, Items (a), (b),
(c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m) and (n) 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 Sceales, bid of Kern Turf
Supply for Annual Contract for P.V.C. Pipe and Sprinklers, was
accepted and the Mayor was authorized to execute the contract.
818
Bakers£ield, California, November 8, 1976 - Page 8
New Business.
First reading of an Ordinance of the
Council of the City of Bakersfield
authorizing Amendment to the Contract
between the City of Bakersfield and
the Board of Administration of the
California Public Employees Retire-
ment System concerning provision for
15% increase in allowances to or on
account of certain Miscellaneous
Members retired or Members deceased
prior to July 1, 1971.
Resolution of Intention to approve an amendment to the
PERS Contract to provide a 15% increase in allowances for
miscellaneous members retired prior to July 1, 1971, was adopted
November l, 1976. This ordinance would authorize the amendment
and empower the Mayor to execute the amendment to the PERS contract,
First reading was considered given an Ordinance of the
Council of the City of Bakersfield authorizing Amendment to the
Contract between the City of Bakersfield and the Board of Adminis-
tration of the California Public Employees Retirement System
concerning provision for 15% increase in allowances to or on
account of certain Miscellaneous Members retired or Members
deceased prior to July l, 1971.
Approval of November 29, 1976 as
date for Public Hearing on request
from Warner Cable TV of Kern County
for a rate increase.
At the Council Meeting of July 12, 1976, a communication
from Warner Cable of Kern County requesting a rate increase was
received and was to be held in abeyance until the Kern County
Board of Supervisors took action on the request. On November l,
1976 the Board of Supervisors held their hearing and approved
this request effective January l, 1977.
Upon a motion by Councilman Strong, public hearing on
request for a rate
was set for Monday,
Council Chambers of
increase from Warner Cable TV of Kern County
November 29, 1976 at 8:00 P. M., in the
City Hall.
Bakersfield, California, November 8, 1976 - Page 9
319
Councilman Bleecker requested that the staff, sometime
in the future, look into the possibility of the City extricating
themselves from the Cable TV franchises since they are not a
public necessity and are not controlled by the Public Utilities
Commission.
Approval of Cooperative Agreement
between the City and County of Kern.
Upon a motion by Councilman Medders, Cooperative
Agreement between the City and County of Kern for widening of
Palm Street between Saunders Park and Real Road, was approved and
the Mayor was authorized to execute same.
Adoption of Resolution No. 84-76 of
the Council of the City of Bakers-
field deleting a Council Meeting in
the month of November, 1976.
Upon a motion by Councilman Christensen, Resolution No.
84-76 of the Council of the City of Bakersfield deleting a Council
Meeting in the month of November, 1976, was adopted by the
following roll call vote:
Ayes Councilmen Medders, Rogers, Sceales, Strong, Barton,
Bleecker, Christensen
Noes None
Absent: None
City Manager Bergen read a memorandum from the
Public Works Department regarding the Parking Lot at the Old
Police Building Site, as follows:
The parking lot at the northwest corner of
Truxtun Avenue and Eye Street will be completed
this week. It is requested that the Council
adopt a Resolution or Minute Order establish-
ing the parking meter rate for this lot. A
parking fee of 25~ for 5 hours and 50~ for 10
hours would conform to the Downtown Parking
Needs Assessment.
The Bakersfield Californian erroneously
reported parking fees lower than the above
recommendations.
Upon a motion by Councilman Bleecker, Minute Order
establishing rates of 5~ for i hour, 10~ for 2 hours, 25~ for
5 hours and 50~ for 10 hours for parking meters on the Parking
Lot located at the Old Police Building site, was approved.
Bakersfield, California, November 8, 1976 - Page l0
Hearings.
This is the time set for continued hearing on Resolution
of Intention No. 915 of the Council of the City of Bakersfield
declaring its intention to order the vacation of the Alley east
of Olive Street and south of Brundage Lane, in the City of
Bakersfield.
The public portion of this hearing was closed at the
Council Meeting of November l, 1976.
Acting Public Works Director Hawley read a report regarding
the Abandonment of the Alley, as follows:
This abandonment was requested by J. O. Barber.
The Public Works, Fire and Police Departments
and the utility companies have no objection to
the closing with the condition that the
applicant requesting the closing dedicate and
improve an alley turnaround.
The Public Works Department has determined
that with the turnaround, this alley is no
longer needed and vacation would relieve the
City of expense and responsibility of main-
taining it in a proper and safe condition.
Vacation would also place this property on
the tax roll. Except for these two items
there is no advantage to the City to vacate
the alley.
It has been the policy of the City Council to
vacate streets and alleys which are no longer
needed if the adjacent property owners are in
favor of the request. Since there is objection
from one of the adjacent property owners, it
is recommended that action on this request be
deferred for thirty days to give the property
owners additional time to reach an acceptable
solution to the request, and if agreement
cannot be reached the proceedings should be
dropped.
Mr. Robert O. McCoy, representing John Barber the
applicant, answered questions of the Council and stated that he
feels the property owners are at an impasse as far as negotiating
is concerned.
During discussion Councilman Medders made a motion that
the alley east of Olive Street and south of Brundage Lane be
vacated and the southern portion be widened to 30 feet.
Bakersfield, California, November 8, 1976 - Page ll
321
Mr. Dave Goldberg, Attorney representing the landowner
Mrs. Hazel Shaw, stated that his client was in agreement with the
staff recommendation that thirty days additional time be given to
the property owners to reach an acceptable solution to the request.
After considerable discussion, Councilman Rogers offered
a substitute motion that the hearing be continued for thirty days
to allow the property owners time to reach an acceptable solution
to the request and that the last part of the last sentence in the
staff recommendation which reads "and if agreement cannot be
reached the proceedings should be dropped," be deleted from the
report, which failed to carry by the following roll call vote:
Ayes: Councilmen Rogers, Strong
Noes: Councilmen Medders, Sceales, Barton, Bleecker,
Christensen
Absent: None
Councilman Medders' motion that Resolution No. 85-76 of
the Council of the City of Bakersfield ordering the vacation of
the Alley east of Olive Street and south of Brundage Lane, in the
City of Bakersfield and the southern portion of the Alley be
widened to thirty feet, was adopted by the following roll call
vote:
Ayes:
Councilmen Medders, Sceales, Strong, Barton, Bleecker,
Christensen
Noes: Councilman Rogers
Absent: None
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 the property owners have been notified as required by
law. This hearing was duly begun on December 9, 1974 and continued
from time to time until November 8, 1976.
Bakersfield, California, November 8, 1976 - Page
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
City Attorney Hoagland stated that a provision has been
added to the Kern River No. 4 and Kern River No. 5 Annexation
Ordinances, which has been agreed to by Tenneco West, Inc., that
if Agreement No. 76-36 regarding the purchase of Kern River Water
Rights, for some reason, does not go forward pursuant to that
agreement then the City will take all appropriate and required
procedural steps to de-annex the territory described.
Upon a motion by Councilman Rogers, Resolution No. 86-76
of the Council of the City of Bakersfield declaring that a majority
protest has not been made to the annexation of territory designated
as "Kern River No. 4," proposed to be annexed to 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
Upon a motion by Councilman Rogers, Ordinance No. 2300
New Series approving annexation of a parcel of uninhabited terri-
tory to the City of Bakersfield, California, designated as "Kern
River No. 4," was adopted by the following roll call vote:
Ayes: Councilmen Medders, Rogers, Sceales, Strong, Barton,
Bleecker, Christensen
Noes: None
Absent: None
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. 5," 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
Bakersfield, California, November 8, 1976 - Page 13
32.q
law. This hearing was duly begun on December 9, 1974 and continued
from time to time until November 8, 1976.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion o£ the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Rogers, Resolution No. 87-76
of the Council of the City of Bakersfield declaring that a majority
protest has not been made to the annexation of territory designated
as "Kern River No. 5," proposed to be annexed to 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
Upon a motion by Councilman Rogers, Ordinance No.
New Series approving annexation of a parcel of uninhabited
tory to the City of Bakersfield, California, designated as
River No. 5," was adopted by the following roll call vote:
Ayes
Noes
Absent:
Councilmen Medders, Rogers, Sceales, Sfrong, Barton,
Bleecker, Christensen
Council,
adjourned at 9:40 P.
2301
terri-
"Kern
None
None
Adjournment.
There being no £urther business to come before the
upon a motion by Councilman Christensen, the meeting was
M.
M ld, Calif.
ATTEST:
/
CITY/~LERK and ~x-O~icio Clerk of the Council
of the City of Bak~b~sfield, California
ma