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
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