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HomeMy WebLinkAbout02/28/1977 MINUTES CC450 Bakersfield, California, February 28, 1977 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., February 28, 1977. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Rogers. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Christensen, Medders, Rogers, Sceales, Strong, Barton, Bleecker the regular meeting of February 14, 1977 were approved as presented. Correspondence. Councilman Rogers referred to correspondence received from Dr. John J. Collins, President, Bakersfield College, and Dr. J.P. Frankel, President, California State College, Bakersfield, requesting that a 2,760 acre parcel of Kern River channel property recently acquired by the City, located northeast of Enos Lane and Panama Lane, be designated as an Educational and Ecological Reserve, and moved that these letters be received and placed on file and at a later date some plan could be formulated. Councilman Rogers subsequently withdrew his motion. Upon a motion by Councilman Medders, letters from Bakers- field College and California State College, Bakersfield, were received and referred to the Water and City Growth Committee. Council Statements. Councilman Rogers referred to a letter agreement between the City and Bidart Brothers for the sale of irrigation water. City Manager Bergen explained that with the purchase of Tenneco Water rights the City has an obligation to serve the utility users within the Kern River Canal and Irrigating Company service area some water, if available. He pointed out there is a limited amount of water available this year from prior storage. None Minutes of Absent: Bakersfield, California, February 28, 1977 - Page 2 451 After further discussion, upon a motion by Councilman Rogers, letter agreement between the City and Bidart Brothers for the sale of irrigation water was approved and the Mayor was authorized to execute same. Councilman Strong announced his intention to nominate Mr. Arturo Rios, Deputy Director of Kern County Economic Opportunity Corporation, to the Miscellaneous Civil Service Board and that he hoped to furnish each Councilman with a resume of Mr. Rios before the next Council meeting. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3066 to 3290, inclusive, in the amount of $357,690.70. (b) Claim for Damages from Pacific Telephone and Telegraph Company. (Refer to City Attorney) (c) Street Right-of-Way Deed from H. E. Aaron and D. J. Aaron as required by Planning Commission for Parcel Map No. 3925. (d) Road Easement from Tenneco Realty Develop- ment Corporation providing right-of-way for District Boulevard as required by Planning Commission for Parcel Map No. 4012. (e) Sewer Easement from T. J. Jamieson pro- viding an alternate location for sewer within that portion of sewer easement vacated by Resolution of Intention No. 917 located north of University Avenue and west of Mt. Vernon Avenue. (f) Public Utility Easement from Richard S. Moberg and Lou A. Moberg as required by Planning Commission for Parcel Map No. 3930. (g) Notice of Completion and Acceptance of Work on construction of Carrier Canal Culvert - Corporation Yard Access Contract No. 77-12 with Clyde W. Wood & Sons. (h) Map of Tract No. 3826 "B" located north of Edwards Avenue and west of Sandy Lane. (i) Improvement Agreement for Parcel Map No. 3907 with First Assembly of God Church of Bakersfield. 452 Bakersfield, California, February 28, 1977 - Page 3 (j) Improvement Agreement for Parcel Map No. 3925 with H. E. and D. J. Aaron. (k) Improvement Agreement for Parcel Map No. 3939 with George Lewis and Betty K. Mahoney. (i) (m) (n) (o) (q) (r) (s) (t) Improvement Agreement for Parcel Map No. 4012 with Tenneco Realty Development Corporation. Plans and Specifications for construction of Storeroom Additions at Wayside Park and Saunders Park. Plans and Specifications for resurfacing portions of California Avenue and East Truxtun Avenue. Plans and Specifications for improvement of Chester Avenue between 24th Street and Garces Circle. Application for Encroachment Permit from YWCA, 1120 - 17th Street, for placement of approximately 100 nameplates (3" x 4") in public sidewalk adjacent to their building. Budget Transfer from Public Works Equip- ment Replacement Contingency Account No. 81-484-6100 to Public Works Auto Equip- ment Account No. 81-484-7200 within the Equipment Replacement Fund, in the amount of $5,600 to replace a 1968 3/4 ton truck assigned to the Police Department that was demolished in an accident. Request from Richard L. Barnett for annexa- tion of property located southeast of the intersection of Buena Vista Road and Fraser Road and containing approximately 331 acres of land. (Refer to Planning Commission for study and recommendation) Request from James G. Bailey for annexation of property located on the southeast corner of Buena Vista Road and Fraser Road. (Refer to Planning Commission for study and recommendation) Request from Italian Heritage Dante Association for annexation of property located on the south side of Wilson Road, 150 feet west of Actis Road. (Refer to Planning Commission for study and recom- mendation) Bakersfield, California, February 28, 1977 - Page 4 453 Upon a motion by Councilman Christensen, items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (q), (r), (s), and (t) of the Consent Calendar were adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Rogers, Sceales, Barton, Bleecker Noes: None Absent: None Strong, Action on Bids. Upon a motion by Councilman Medders, bid of Kern Rock Company for Annual Contract for Select Road Materials was accepted and the Mayor was authorized to execute the contract. Upon a motion by Councilman Bleecker, low bid of John H. Broadbent Co. for 4 Traffic Recorders was accepted and the other bid rejected. In reference to the proposed sale of surplus real property at the northeast corner of 4th and "H" Streets, City Attorney Hoagland pointed out that this transaction must be presented to the Planning Commission for confirmation that it is in conformity with the General Plan. Upon a motion by Councilman Medders, high bid of Herbert A. Penner for surplus real property located at the northeast corner of 4th and "H" Streets in the amount of $9,240.00 was accepted, subject to confirmation by the Planning Commission, the other bid rejected, and the Mayor was authorized to execute the Quit Claim Deed. City Attorney Hoagland stated for the record that there will be no access given to this property on 4th or "H" Streets; an existing alley will provide access. Deferred Business. Council consideration of Preliminary Application for Community Development Block Grant Funds. Councilman Bleecker stated the recom~nendations by the Planning Commission and the recommendations by the staff appear to be according to the guidelines as set down by HUD. Bakersfield, California, February 28, 1977 - Page 5 The Planning Commission, the Public Works Department, and this Council, as a matter of priority considering storm drains, street resur£acing, and parks, have given priority to storm drains first, street resurfacing second, and parks third. Councilman Bleecker moved that the storm drain project at 31st Street and Panama Street in the City be included in the Community Development Program for this year, with approval of the balance of the program. Mrs. Jill Haddad, Chairman of the Bakersfield Planning Commission, explained the deliberations of the Planning Commission in their recommendations regarding the proposed Community Develop- ment Program. Councilmen Strong and Christensen complimented Mrs. Haddad and the Planning Commission for the time and hard work put into their recommendations. Councilman Strong questioned whether Councilman Bleecker would propose to take the money for the storm drain from parks, streets, or some other area. Councilman Bleecker stated there are other sources of park funds and if $40,000.00 of the $50,000.00 allocated for parks in the proposed Community Development application could be used for the Homaker Park area storm drain, this would leave $10,000.00 for parks, and that would still be according to the priority. Councilman Bleecker restated his motion is to include the Homaker Park Storm Drain Project in the Community Development Funds at a cost of $40,000.00 and to approve the entire Community Development Program with that exception. The motion carried by the following vote: Ayes: Noes: Absent: Councilmen Christensen, Strong, Barton, Bleecker Councilmen Medders, Rogers, Sceales None Councilmen Medders and Rogers qualified their voting the negative. Bakersfield, California, February 28, 1977 - Page 6 455 New Business. Adoption of Resolution No. 14-77 of the Council of the City of Bakersfield concerning shortage of Water, dissemi- nation of information on methods of conservation, and urging reduction of personal use of Water and elimination of waste of available Water supplies. Councilman Rogers suggested that a change be made in Part 2 of the Resolution to reflect that "everyone is urged and encouraged to reduce personal and domestic use of water by as much as possible," instead of the twenty-five per cent indicated, inasmuch as many persons may have already reduced their use by a fairly large amount. Upon a motion by Councilman Rogers, Resolution No. 14-77 of the Council of the City of Bakersfield concerning shortage of Water, dissemination of information on methods of conservation, and urging reduction of personal use of Water and elimination of waste of available Water supplies was adopted, with the correction as noted, by the following roll call vote: Ayes: Councilmen Christensen, Medders, Rogers, Sceales, Strong, Barton, Bleecker Noes: None Absent: None Mayor Hart referred to a communication received by him in 1970 from a junior high school student in Ann Arbor, Michigan, suggesting "25 Ways You Can Give Earth a Chance" and recommending everything being advocated today relative to the saving of water, the elements, and the pollution of the air, and suggested that the news media disseminate this information to their readers as they may see fit. Adoption of Resolution No. 15-77 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. (Finance Department) 45t Bakersfield, California, February 28, 1977 - Page 7 Government Code Section 34090 permits destruction of certain public records more than five (5) years old upon the approval of the City Attorney and a Resolution adopted by the City Council. This Resolution will allow the Finance Department to dispose of the following records: 1. Cancelled checks, more than five (5) years old. 2. Cost accounting reports, more than five (5) years old. 3. Daily reports of monies collected, more than five (5) years old. 4. Accounts receivable billing registers, more than five (5) years old. 5. Assessor's records, 1962 and prior. 6. Payroll deduction reports, more than five (5) years old. Upon a motion by Councilman Rogers, Resolution No. 15-77 of the Council of the City of Bakersfield 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, (Finance Department), was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Rogers, Sceales, Strong, Barton, Bleecker Noes: None Absent: None Approval of Minute Order setting March 21, 1977 as the date for hearing an Appeal by Rick Montoya to decision of the Board of Zoning Adjustment. Upon a motion by Councilman Sceales, Minute Order setting March 21, 1977 as the date for hearing an Appeal by Rick Montoya to the decision of the Board of Zoning Adjustment was approved. Bakersfield, California, February 28, 1977 - Page 8 457 Adoption of Resolution No. 16-77 of the Council of the City of Bakersfield requesting Kern County Local Agency Formation Commission to Approve Revision of City's Sphere of Influence and that such Commission Find that such Request can be Considered and Studied as Part of Periodic Review. The proposed Rio Bravo Annexation includes land outside the boundaries of the City's existing Sphere of Influence Map. The proposed boundaries would include all land within annexation and additional lands that could be annexed by the City in the future. This action is one of the the proposed and served steps necessary Upon a motion by Councilman Bleecker, Resolution No. 16-77 of the Council of the City of Bakersfield requesting Kern County Local Agency Formation Commission to Approve Revision of City's Sphere of Influence and that such Commission Find that such Request can be Considered and Studied as Part of adopted by the following roll call vote: Ayes Councilmen Christensen, Medders, Barton, Bleecker Noes None Absent: None Approval of Amendment to Agreement No. 76-110 with William F. Burke, Dennis Kuttler and Richard H. Beguelin for Ground Lease for Public Racquet- ball/Handball Building. upon which the building will be constructed in order to allow an area for landscaping. Upon a motion by Councilman Rogers, Amendment to Agreement No. 76-110 with William F. Burke, Dennis Kuttler and Richard H. Beguelin for Ground Lease for Public Racquetball/Handball Building was approved and the Mayor was authorized to execute same. the Periodic Review was Rogers, Sceales, Strong, This amendment is necessary to increase the land area to proceed with further processing of the Rio Bravo annexation. Bakersfield, California, February 28, 1977 - Page 9 Approval of Agreement between the City and Housing Authority of Kern County to permit the City to install radio equipment at Plaza Towers, 3015 Wilson Road. Upon a motion by Councilman Sceales, Agreement between the City and Housing Authority of Kern permitting the City Police Department to install and maintain radio equipment on the roof o£ Plaza Towers, 3015 Wilson Road, for a term of 5 years, was approved and the Mayor was authorized to execute same. Approval of Agreement between the City and State of California for construction of Railroad Grade Crossing Improvements at inter- section of State Route 58 (Sumner Street), Miller Street and the Santa Fe Railroad. This agreement provides the State with the authority to administer a contract for construction of railroad crossing pro- tection at the intersection of State Route 58 (Sumner Street), Miller Street and the Santa Fe Railroad. Total cost of the project is $67,000.00 and the City's share is estimated as $1,400.00. The City's responsibility is for the Miller Street portion only and funds are available in the current budget for this work. Upon a motion by Councilman Strong, Agreement between the City and State of Cali£ornia for construction of Railroad Grade Crossing Improvements at intersection of State Route 58 (Sumner Street), Miller Street and the Santa Fe Railroad was approved and the Mayor was authorized to execute same. Approval of Agreement between the City and Cutbirth-Sill Development Company for Traffic Signal and Street Lighting for Tract No. 3836. This subdivision is located at the southeast corner of Freeway Route 178 and Oswell Street and is being developed by Cutbirth-Sill Development Company. The subdivision also includes commercial development which will generate considerable traffic and will possibly meet the warrants for a signal system at the access point to Oswell Street. The agreement provides for sharing Bakersfield, California, February 28, 1977 - Page 459 of the cost of a signal on the basis of the number of traffic lanes entering the intersection and under the terms of this agreement the developer will be responsible for one-third of the signal cost. If the City does not cause a traffic signal to be installed at this location within five years, the Agreement will terminate. Upon a mofion by Councilman Rogers, Agreement between the City and Cutbirth-Sill Development Company for Traffic Signal and Street Lighting for Tract No. 3836 was approved and the Mayor was authorized to execute same. Approval of Right of Entry Agreement between the City and California Department of Transportation for a detour during construction of new bridge at Enos Lane (State Route 43) bridge at the Kern River. Upon a motion by Councilman Strong, Right of Entry Agree- ment between the City and California Department of Transportation for a detour during construction of new bridge at Enos Lane (State Route 43) bridge at the Kern River was approved and the Mayor was authorized to execute same. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 9:00 P.M. MAY o~~ity o~sfield, Calif. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California mp