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HomeMy WebLinkAbout08/23/1976 MINUTES CCBakersfield, California, August 23, 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., August 23, 1976. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and Invocation by Reverend Tom Tiemens of Teen Challenge. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Christensen, Medders, Rogers, Sceales, Strong, Bleecker Absent: Councilman Barton Minutes of the regular meeting of August 9, 1976 and the recessed meeting of August 16, 1976 were approved as presented. Scheduled Public Statements. Mr. Henry Young, 2121 - 22nd Street, addressed the Council regarding a problem with dogs in his neighborhood running loose and, in some cases, attacking residents. Council Statements. Councilman Medders referred to a Petition endorsing an amendment to or a new animal leash Ordinance for the purpose of controlling dogs. He stated the problem is not confined to the area specified in the Petition, namely streets and alleys bounded by and including "C", "D", and "E" Streets and 21st, 22rid, and 23rd Streets, and it might be fitting to refer this matter to the Intergovernmental Relations Committee. Vice-Mayor Bleecker concurred with this. He further referred to Mrs. Mary Kump, an elderly lady he has known all his life, who had habitually taken daily walks, and that it is a poor situation if our older citizens can't walk the streets in the day- time with some relative safety from animals. Mr. Young referred to Mrs. Pearl Cosby, 2312 - 21st Street, who was attacked by a large dog nearly two years ago and has not yet fully recovered. Bakersfield, California, August 23, 1976 - Page 2 229 Councilman Christensen suggested action be taken against the dogs' owners until they can learn to care for their pets. Councilman Sceales indicated the City could be liable if the existing Ordinance is not enforced and that referring the problem to the Intergovernmental Relations Committee would be a good first step. Mrs. Jean Winter, 2112 - 22rid Street, addressed the Council relating her experience in assisting Mrs. Kump to a hospital after she suffered a dog bite in the last week in May. In response to Mayor Hart's question as to whether or not there was any follow-up in checking on the dog's license, Mrs. Winter stated the police officer said he would talk with the owner of the dog. Upon a motion by Councilman Medders, the problem of dogs running loose was referred to the Intergovernmental Relations Committee to pursue the matter with the County of Kern, and the suggested Ordinance presented by the persons within the area mentioned in the Petition was referred to the Committee. Councilman Rogers referred to Assembly Bill No. 3674 presently in the Senate Committee on Local Government, which would require every Redevelopment Agency in California to use not less than 20% o£ its tax increment dollars for the purpose of increasing and improving the community's low and moderate income housing. Upon a motion by Councilman Rogers, AB 3674 was referred to the Legislative Committee for study and report back to the Council with a recommendation, hopefully at the next regular meeting. Vice-Mayor Bleecker displayed a bumper sticker stating "Bakersfield .... A Great Place to Live," which came from a private source, for each member of the City Council. Reports. Prior to Councilman Rogers' Report on the Proposed Beach Park Recreation Complex, Mr. Rick Beguelin, Camarillo, California, introduced his partners, Mr. Dennis Kuttler and Mr. William Burke, Bakersfield, California, August 23, 1976 - Page 3 and presented a slide presentation of the racquetball/handball facility which opened in Ventura on June 19, 1976. Mr. Beguelin thanked the Council for their interest in the proposed project and asked that the recommendation of the Water and City Growth Committee be accepted. With this acceptance, his group could conceivably be prepared to start the project in 45 to 90 days, with the facility being ready for use five to six months there- after. He indicated that although the facility will be expensive to construct, it will be inexpensive to the persons who use it. Mr. Beguelin said he was sorry Mr. Bob Mahoney, the proposed developer of the tennis/restaurant complex, was unable to be present and reviewed briefly that portion of the proposed project. Councilman Rogers, Chairman of the Water and City Growth Committee, read Report No. 11-76 regarding the Proposed Beach Park Recreation Complex, as follows: On March 29, 1976, the City Council received a report from the Water and City Growth Committee relative to the proposed Beach Park Recreation Complex. The City Council approved the concept for the proposed facilities and authorized the staff to proceed with the acquisition of Beach Park from the County of Kern. The Council further indicated that the park deed would be accepted upon satisfactory evidence of the financial ability of the developers to put in the necessary improvements. On July 9, 1976, the Water and City Growth Committee met again with developers of the proposed Beach Park Recreation Complex. The developers indicated that in order for them to obtain financial commitments for the project, the lenders require proof that the City owns the land and will sign a long-term lease agreement. The developers must spend up to $70,000 on plans and architectural drawings prior to receiving a financial commitment. The County has indicated that they will continue to maintain the park facility until January 1, 1977. They have asked that the City submit a formal request to this effect. After additional discussion and review, the Committee reaffirms its position that this development would be a very definite asset to Bakersfield and Kern County as a whole. The Committee, therefore, recommends that the City Council take the following actions tonight: Bakersfield, California, August 23, 1976 - Page 4 231 1. Accept the deed to Beach Park from the County of Kern. 2. Sign lease agreements for the recreation complex with the developers. 3. Approve the submittal of a letter to the County Board of Supervisors formally requesting that the County continue to maintain Beach Park until January l, 1977. 4. Approve, prior to January 1, 1977, the transfer of $19,450 from the Contingency Reserve for park Maintenance Costs for six months including the authorization to hire one full-time park maintainer. In response to questions posed by Councilman Christensen, City Attorney Hoagland explained that the area occupied by the Kern County Board of Trade is not included in the deed, and Assistant City Manager Sumbardo stated the City would be acquiring 19 acres of the total acreage of 27.1, with 8.1 acres to be the site of the proposed development. After considerable discussion regarding the maintenance cost of Beach Park, upon a motion by Councilman Rogers, the Council accepted the deed to Beach Park from the County of Kern, subject to the Kern County Board of Supervisors agreeing to have the County maintain Beach Park until January 1, 1977. Upon a motion by Councilman Rogers, the Council authorized Mayor Hart to sign the Ground Lease Agreements for the recreation complex between the City of Bakersfield and Robert P. Mahoney, dba California Tennis Company, for the Tennis/Restaurant Facility, and William F. Burke, Dennis Kuttler, and Richard H. Beguelin for the Racquetball/Handball Facility. Upon a motion by Councilman Rogers, the Council approved the submittal of a letter to the Kern County Board of Supervisors, formally requesting the County of Kern to continue to maintain Beach Park until January l, 1977. Bakersfield, California, August 23, 1976 - Page 5 Upon a motion by Councilman Rogers, the Council approved, prior to January 1, 1977, the transfer of $19,450 from the Contin- gency Reserve for park maintenance costs for six months, including the authorization to hire one full-time park maintainer. Councilman Rogers thanked Mr. Beguelin and his partners for appearing before the Council this evening. Councilman Medders, Chairman of the Budget Review and Finance Committee, read Report No. 10-76 regarding the 1976-77 Property Tax Rate and Reserves, as follows: Property Tax Rate: In May, the City Council voted to eliminate the City's Utility Users Tax which resulted in a tax reduction for Bakersfield residents of approximately $1,250,000 for the 1976-77 fiscal year. In addition, this Committee's review of the financing of the bond tax rate indicates that the combination of a $34,300 lower budget requirement and the increase in the City's assessed valuation results in a reduction of the bond tax rate of $.0304 per $100 of assessed valuation. This Committee feels this reduction should be returned to the taxpayers and is recommending a tax cut in the bond tax rate of this amount. However, in light of available funds for 1976-77, the effect of the utility tax elimination on the financing of City operations in subsequent years and the desire of this Council to maintain the same level of service to the community, this Committee recommends no change in the general tax rate of $2.3604 per $100 of assessed valuation for the 1976-77 fiscal year. The above recommendations relating to the financing of the 1976-77 property tax rate are based on the deletion from the budget of $62,000 of professional and consulting fees ($32,000 for the proposed work measurement study in the street maintenance division of the Public Works Department and $30,000 for assistance in the Planning Department for preparation of EIR's and general plan element revisions). Reserves: The staff has informed us that the organization which establishes accounting principles for cities within California is now requiring a change in the accounting for sales tax. It results in the City including in its 1975-76 revenues, the July 1976 sales tax revenue of $345,000. The 1975-76 fiscal year thus includes thirteen (13) months of sales Bakersfield, California, August 23, 1976 - Page 6 233 tax revenue. Subsequent years will only include twelve (12), however, as this accrual of July sales tax revenue will occur at June 30 of each year. Since this accounting change results in only a one time benefit to the City and in accordance with past practices relating to similar items, this Committee recommends that the City's General Reserve be increased in the amount of $345,000 to $2,135,000. It is this Committee's opinion that as funds of this nature become available the general reserve should be increased to meet the Charter requirement which now should be approximately $3,200,000. We must however still rely on the equipment replacement reserves to cover the deficiency. It should be noted as well that funds have been provided in the payroll reserve to cover the cost of the second year (1977-78) of the SEIU two-year salary agreement which the Council approved in July. Conclusion: The Committee recommends that the City Council increase the General Cash Reserve by $345,000 resulting from the one time accounting change and reduce the City's property tax rate from $2.6219 to $2.5915 per $100 of assessed valuation for 1976-77 and adopt the ordinance as attached. Upon a motion by Councilman Medders, Budget Review and Finance Report No. 10-76 regarding the 1976-77 Property Tax Rate and Reserves was accepted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Rogers, Sceales, Strong, Bleecker Noes: None Absent: Councilman Barton Adoption of Ordinance No. 2290 New Series levying upon the assessed valuation of the taxable property in the City of Bakersfield, a rate of taxation upon each one hundred dollars of valuation for the fiscal year beginning July l, 1976, and ending June 30, 1977. Upon a motion by Councilman Medders, Ordinance No. 2290 New Series of the Council of the City of Bakersfield, levying upon the assessed valuation of the taxable property in the City of Bakersfield, a rate of taxation upon each one hundred dollars of valuation for the fiscal year beginning July 1, 1976, and ending June 30, 1977, was approved by the following roll call vote: 234 Bakersfield, California, August 23, 1976 - Page 7 Ayes: Councilmen Christensen, Medders, Rogers, Sceales, Strong, Bleecker Noes: None Absent: Councilman Barton Councilman Rogers stated he is gratified the City is moving in the right direction by reducing the tax rate. Councilman Rogers requested a member of the staff to check with the utility companies in regard to charges for the 3½% utility users tax appearing on the users bills subsequent to the effective date of the rescinding of that tax, July 1, 1976. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 511 through 744, inclusive, in the amount of $222,881.26. (b) Claim for Damages from Utah Glin Scott. (Refer to City Attorney.) (c) Agreement between Pacific Gas and Electric Company and the City of Bakersfield for service to the northwest Bakersfield drain pump station. (d) Improvements Agreement for Parcel Map No. 3615 with California Water Service Company. (e) Notice of Completion of street and sewer improvements under Tract No. 3680, Units B and C - Contract No. 76-8 with Gatewood Estates (John Bilt, Inc. & Taniland Developers). (f) Application for Encroachment Permit from Bette Cutbirth, 1300 - 17th Street, for installation of five trees on "L" Street and four trees on 17th Street Right-of-Way. (g) Plans and Specifications for construction of Stine Canal Culvert at Planz Road, which will enable widening Planz Road to a full 68 ft. street. (h) Plans and Specifications for construction of Truxtun Avenue Parking Lot between "H" Street and Eye Street. (i) Construction Change Order No. 3 to Contract No. 75-112 with Fred S. Macomber for work on West Wing of City Hall. Bakersfield, California, August 23, 1976 - Page 8 235 Upon a motion by Councilman Christensen, Items (a)~ (b), (c), (d), (e), (f), (g), (h), and (i) of the Consent Calendar were adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Rogers, Sceales~ Strong, Bleecker Noes: None Absent: Councilman Barton Action on Bids. After discussion, upon a motion by Councilman Bleecker, low bid of Haughton Elevator Company for Annual Contract for Elevator Maintenance at City Hall and Police Department Building was accepted and the other bid rejected. Upon a motion by Councilman Medders, low bid of DynAc Corporation for purchase of a Fire Engine was accepted and all other bids rejected. Upon a motion by Councilman Sceales, low bid of Haberfelde Ford for a One-Ton Pickup for the Fire Department was accepted and the other bid rejected. Upon a motion by Councilman Sceales, low bid of Griffith Company for pavement improvements on portions of Akers Road, Ming Avenue, and various streets was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, 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 a price for the radio equipment for the Police Department with Motorola Communications and Electronics, not to exceed the amount budgeted. De£erred Business. City Manager Bergen read a report regarding a Cooperative Agreement between the City of Bakersfield and the State of California, providing the City with $166,000 to fund road improvements on Bakersfield, California, August 23, 1976 - Page 9 existing Route 58, as deemed necessary, with a stipulation that the funds be spent prior to September 30, 1978, and relinquishment of existing Route 58 Sumner Street, as follows: Freeway Agreement 10-62 adopted by the City Council on February 12, 1962 provides for the City to accept title to a portion of State Highway 58, which has been superseded by relocation. Prior to relinquishment, the Streets and Highways Code of the State of California requires the Department of Transportation to give 90 days notice to the local agency and must place the surface of the roadway in a state of good repair. The Public Works Department has evaluated this and recommended that the $166,000 will place the roadway in good repair to the satis£action of the City. This Agreement was held over from the Council Meeting of August 9, 1976. Cooperative Agreement between the City of Bakersfield and State of California. Upon a motion by Councilman Strong, Cooperative Agreement between the City of Bakersfield and State of California providing the City with $166,000 to fund road improvements on existing Route 58~ as deemed necessary~ with a stipulation that the funds be spent prior to September 30, 1978, was approved and the Mayor was authorized to execute the Agreement. New Business. Upon a motion by Councilman Medders, the County Auditor- Controller was authorized to levy delinquent Weed Abatement Assessments as part of the 1976-77 Secured Tax Roll and rescind the action which levied assessments on the two properties deter- mined to be outside the City's jurisdiction (Claud Epperson, Assessor's Parcel No. 056-038-168-182-12, and Albert Young, Assessor's Parcel No. 106-002-165-071-16). Bakersfield, California, August 23, 1976 - Page l0 237 Upon a motion by Councilman Strong, the County Auditor- Controller was authorized to levy delinquent Building Demolition Assessments as part of the 1976-77 Secured Tax Roll. Approval of Contract with Rutan and Tucker (Bond Counsel). Upon a motion by Councilman Rogers, the Mayor was authorized to execute the Contract with Rutan and Tucker for the services of bond counsel relative to general obligation bonds issued after the election in November for acquisition of Tenneco water facilities. Adoption of Resolution No. 64-76 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 Govern- ment Code of the State of California. Upon a motion of Councilman Christensen, Resolution No. 64-76 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 was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Rogers, Sceales, Strong, Bleecker Noes: None Absent: Councilman Barton Approval of Agreement for Administration of School Crossing Guard Program. Upon a motion by Vice-Mayor Bleecker, Agreement for Administration of School Crossing Guard Program with Horace Clark for school crossing guard services for the 1976-77 school year was approved and the Mayor was authorized to execute same. Bakersfield, California, August 23, 1976 - Page ll plastic. Approval of application by Bakersfield Neon Sign Company to add a I'll" by 8'2" sign beneath the previously approved sign for McDonald's Restaurant at lOO0 Real Road. This is a C-2 Zone, and the sign is interior illuminated Pursuant to Section 13.40.080 of the Municipal Code, no permit for a sign exceeding fifty feet from grade level shall be issued without prior approval of the City Council. The proposed sign is located on Real Road between the Mobil Oil Service Station and the Rodeway Inn. Upon a motion by Councilman Sceales, application by Bakersfield Neon Sign Company to add a l'11"by 8'2" sign beneath the previously approved sign for McDonald's Real Road was approved. This is Safety Element of Restaurant at 1000 Hearings. the time set for public hearing concerning the the Bakersfield Metropolitan Area General Plan. This hearing has been duly advertised. Section 65302 of the Government Code requires that the City adopt a Safety Element of the General Plan. The proposed Safety Element, which is the subject of this hearing, was approved by the Planning Commission, after a public hearing on July 21, 1976, and recom- mended for adoption by the City Council. 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. After a brief explanation of the Safety Element by Community Development Director Foster and upon a motion by Councilman Strong, Resolution No. 65-76 of the Council of the City of Bakersfield adopting the Safety Element of the Bakers- field Metropolitan Area General Plan was adopted by the following roll call vote: Bakersfield, California, August 23, 1976 - Page 12 239 Ayes: Councilmen Christensen, Medders, Rogers, Sceales, Strong, Bleecker Noes: None Absent: Councilman Barton Correspondence (Continued). Upon a motion by Vice-Mayor Bleecker, a letter from R. A. Cassio dated August 6, 1976 was received and ordered placed on file. Hearings (Continued). This is the time set for public hearing concerning the Scenic Highway Element of the Bakersfield Metropolitan Area General Plan. This hearing has been duly advertised. Section 65302 of the Government Code requires that the City adopt a Scenic Highway Element of the General Plan. The proposed Scenic Highway Element, which is the subject of this hearing, was approved by the Planning Commission, after a public hearing on July 21, 1976, and recommended for adoption by the City Council. 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. Upon a motion by Councilman Sceales, Resolution No. 66-76 of the Council of the City of Bakersfield adopting the Scenic High- way Element of the Bakersfield Metropolitan Area General Plan was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Rogers, Sceales, Strong, Bleecker Noes: None Absent: Councilman Barton Bakersfield, California, August 23, 1976 - Page 13 Recess. Upon a motion by Councilman Christensen, recessed the regular meeting at 9:30 p.m., until Monday, August 30, 1976, at 12:00 noon. the Council Calif. ATTEST: CIT~CLERK an~Officio Clerk of the of the City of B~ersfield, California Council mp