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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