HomeMy WebLinkAbout10/11/1976 MINUTES CCBakersfield, California, October ll, 1976
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, he~d in the Council Chambers of City
Hall at 8:00 P.M., October ll, 1976.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Frank Brown of the
Salvation Army.
Present:
Absent:
approved
The City Clerk called the roll
Mayor Hart. Councilmen Barton,
None
Minutes o£
as presented.
to
as follows:
Bleecker, Christensen,
Medders, Rogers, Sceales, Strong
the regular meeting of October 4, 1976 were
Scheduled Public Statements.
Mr. Ted Shivers, 1134 Lomita Drive, stated he was going
file a complaint against the Bakersfield Police Department
regarding an incident that took place on September 30, 1976, but
was advised by his attorney not to discuss it.
Mr. Carl Miller, 2515 "K" Street, Apt. 9, stated that
he was a witness to the incident of September 30, 1976 and feels
that an injustice has been done to Mr. Shivers by the Bakersfield
Police Department.
Mayor Hart informed Mr. Miller that complaints against
the Bakersfield Police Department, according to ordinance, must
be filed with the Chief of Police for investigation. If it is
felt that an inadequate investigation was made further recourse
in these matters is possible through the District Attorney or
Section 832.5 of the California Penal Code.
Mr. Roy Wattenbarger, 2907 Panorama Drive, stated that
his objective was to request that the Council require Cable T.V.
companies to participate with other utilities in paying their
portion of installing trenches for undergrounding utilities in
new subdivisions.
Bakersfield, California, October ll, 1976 - Page 2
983
Upon a motion by Councilman Rogers, the matter of Cable
T.V. companies participating with other utilities in paying their
portion of installing trenches for undergrounding utilities in new
subdivisions, was referred to the Water and City Growth Committee
for study and recommendation.
Councilman Barton requested that the staff furnish the
Water and City Growth Committee with copies of Tract Map No. 3815,
presently being developed by Mr. Wattenbarger.
Correspondence.
A communication was received from Mr. Carter Breusing,
5721 Cypress Point Drive, submitting his resignation from the
Bakersfield Art Commission.
Mayor Hart stated that he would write a letter to Mr.
Breusing commending him for his years of service to the Art
Commission and requested that the Council make an appointment to
this commission at the Council Meeting of October 25, 1976.
Council Statements.
Councilman Barton read the procedures that will be
followed for voting on the 1976 Resolutions at the League of
California Cities Conference in San Diego.
Reports.
Councilman Medders, Chairman of the Budget Review and
Finance Committee, read Report No. 11-76 regarding Acquisition o£
Haberfelde Property, as follows:
Since early 1975, the City has been looking at
ways in which to improve the parking situation
in the downtown area. The Downtown Parking
Needs Assessment recommends that all city
employee parking be confined to the portion of
the Civic Center area south of Truxtun Avenue.
In keeping with that recommendation, in early
1976, the City negotiated a parking rearrange-
ment with Haberfelde Ford, acquired a quit-
claim deed for the building at the southeast
corner of 16th and Eye Streets, closed 16th
Street between Eye and Chester, and developed
the area for parking.
Bakersfield, Cali£ornia, October ll, 1976 - Page 3
At the same time, interest was expressed by
both the City and Haberfelde Ford in the City
acquiring the remaining Haber£elde property
between 16th Street and the Santa Fe tracks.
Towards this acquisition, $100,000 was budgeted
in the FY 76-77 budget.
In May, 1976, the City obtained an appraisal
on the property which was figured to be $161,000
not including any fixtures or equipment. In
subsequent negotiations between the City and
Haberfelde, a sales price of $180,000 has been
agreed upon including all fixtures and equip-
ment.
The City Council could take two alternate
approaches to the purchase of the property.
We could, for $60,000, take title this spring
to the one building located on the northwest
corner of the property (Subject #2 on attached
map) and put up $40,000 as an option and part
payment for the remaining property. The north-
west building would then be leased back to the
occupant for $500 per month until such time as
the property can be vacated. The City would,
of course, be taking the risk of losing $40,000
should the option to purchase the remaining
property for $80,000 not be exercised for some
reason.
The other alternative is to take t~tle to all
of the property this spring for a total price
of $180,000 and to lease the property back to
the occupant at $1,000 per month. The actual
transfer of title and actual purchase payment
would occur in late March or early April o£
1977. The City would, at that time, be required
to extend $180,000 plus transfer costs. It
would be necessary to transfer the additional
amount from the contingency fund in March or
April of 1977. The committee recommends that
the latter alternative be taken.
Councilman Medders made a motion that Report No. 11-76
of the Budget Review and Finance Committee regarding Acquisition
of Haberfelde Property, be accepted and approval granted for the
City to take title to all of the Haberfelde Property located
between 16th Street and the Santa Fe Railroad tracks in the Spring
of 1977 for a total price of $180,000 and to lease the property
back to the occupant at $1,000 per month.
During discussion Councilman Rogers suggested that
Councilman Medders amend his motion to add the following to the
first sentence in the last paragraph of Report No. 11-76 (addition
underlined):
Bakersfield, California, October ll, 1976 - Page 4
285
"The other alternative is to take title to all
of the property this spring for a total price
of $180,000 and to lease the property back to
the occupant at $1,000 per month for a six
month period and a month to month basis there-
after with a 30 day notice of cancellation
for either party."
After further discussion, Councilman Medders' amended
motion that Report No. 11-76 of the Budget Review and Finance
Committee regarding Acquisition of Haberfelde Property, be accepted
and approval granted for the City to take title to all of the
Haberfelde Property located between 16th Street and the Santa Fe
Railroad tracks in the Spring of 1977 for a total price of $180,000
and to lease the property back to the occupant at $1,000 per month
for a six month period and a month to month basis thereafter with
a 30 day notice of cancellation for either party, carried by the
following roll call vote:
Ayes
Councilmen Barton, Bleecker, Christensen, Medders, Rogers,
Sceales, Strong
Noes None
Absent: None
City Manager Bergen read a report regarding Proposed
Use of Available New State Park Funds, as follows:
Attached is a memorandum from the Staff Park
Needs Committee recommending that the City
apply for state park funds made available by
recent state legislation. The committee
specifically recommends that the City Council
give overall approval to improvements at Lowell
and Beach Parks for the first year of the 3-
year program.
The Lowell Park project involves the acquisition
of additional land; installation of curbs,
gutters, sidewalks, irrigation, lighting, and
landscaping; and family picnic nooks. Four
single-family dwellings presently occupy the
land proposed for acquisition. Property owners
would have to be contacted before any other
steps were taken regarding this project. The
total estimated park cost is $116,500. The
committee also recommends that $20,000 be approved
for installation of a new automatic irrigraiton
system on the park grounds at Beach Park.
The total cost of these two projects is initially
estimated at $136,500, of which 25 percent or
$34,125 would have to be appropriated from city
Bakersfield, California, October ll, 1976 - Page 5
funds. The City Manager's Office concurs in
the committee's proposal and recommends that
the Council approve, in principle, the allocation
of funds for park improvements at Lowell and
Beach Parks. Based on this initial approval,
the staff will contact property owners adjacent
to Lowell Park regarding the proposed park
acquisition, refine all cost estimates for both
projects, and report back to the Council for
their further consideration.
After discussion, upon a motion by Councilman Bleecker
report from the City Manager regarding Proposed Use of Available
New State Park Funds, was referred to the Auditorium-Recreation
Committee for study and recommendation.
Councilman Bleecker suggested that a staff member meet
with the property owners who have homes in Lowell Park to find
out how they feel about having their homes relocated.
City Manager Bergen read a report regarding Northeast
Bakersfield Park Site, as follows:
On March 15, 1976, the City Council approved
the relocation of the present site (adjacent
to Eissler Elementary School) to a location
at the intersection of University and Camden.
Due to differences in the appraisals received
by the City, the Public Works Department feels
that the intent of obtaining a new park site
can now best be accomplished by the City
purchasing the desired site and selling the
present acreage within the same time period.
Parr Investment Company, which owns the property
desired by the City, is willing to enter into
a purchase option agreement for five months
with an asking price of not less than $102,000
and a consideration of $2,500. If the option
is exercised, the latter amount will be applied
against the purchase price. Based on inquiries
already received regarding this property and
building activity in the area, it is reasonable
to assume that the City will be able to sell
the property within that time period.
The two appraisals asked for and obtained by
the City for the presently owned park site
ranged from $104,000 to $127,000. The Public
Works Department recommends that the City Council
authorize the sale of the presently owned park
site at public auction with a minimum asking
price of $104,000 and approve the option agree-
ment with Parr Investment Company.
The City Manager's Office concurs with the
Public Works Department's proposal and recom-
mends that the City Council take the following
action:
Bakersfield, California, October 11, 1976 - Page 6
287
Authorize the sale of the presently owned
park site adjacent to Eissler Elementary
School at public auction with a minimum
asking price of $104,000.
2. Approve a 150-day option agreement between
Parr Investment Company and the City of
Bakersfield for the purchase of property
for a new park site at $102,000.
3. Approve the transfer of $2,500 from the
Council Contingency Reserve.
Upon a motion by Councilman Rogers, report from the
City Manager regarding Northeast Bakersfield Park Site, was
accepted; sale of presently owned park site adjacent to Eissler
Elementary School at public auction with a minimum asking price
of $104,000, was authorized; 150-day option agreement between Parr
Investment Company and the City of Bakersfield for the purchase of
property for a new park site at $102,000, was approved; and Budget
Transfer of $2,500 from the Council Contingency Reserve, was
approved.
City Manager Bergen reported that in regards to the
traffic problems near Franklin School, Traffic Engineer Hahs has
been in contact with the school Principal and is in the process
of studying the area and will submit a report to the Council in
a few weeks.
City Manager Bergen. also reported, in response to a
question at last week's Council Meeting, that a search of records
was made in the City Manager's Office, City Clerk's Office, Public
Works Department and Police Department and no correspondence was
found from Franklin School regarding traffic problems in that area.
Contact was made with Franklin School Principal Mr. William H.
McCullough, who stated he had called the Public Works Department
and Police Department on various occasions and in each case a
response was made by the department.
888
Bakersfield, California, October ll, 1976 - Page 7
Consent Calendar.
The following items were listed on the Consent Calendar
(a) Allowance of Claims Nos. 1299 to 1376,
inclusive, in the amount of $199,996.50.
(b)
Claim for Damages from Agri General
Resources, Inc., 1430 Truxtun Avenue,
Suite 730. (Refer to City Attorney)
(c)
Claim for Damages from Robert E. Johnson,
Santa Barbara, California. (Refer to
City Attorney)
(d)
Street Easement from Alice R. Simon
providing right-of-way as required by
Planning Commission for Parcel Map No.
3588 located on Planz Road.
(e)
Improvement Agreement for Parcel Map No.
3588 located on southwest corner of
Planz Road and South "H" Street.
(f) Application for Encroachment Permits
from Panama Union School District.
(g)
Plans and Specifications for Fire Damage
Demolition, Bracing and Repairs for
building located at 808 - 16th Street.
(h)
Request from George P. Valos, 1921
University Avenue, for abandonment of
existing Public Utilities Easement
approximately 20' in width located on
Lot 5, Tract No. 3513, commonly known
as 2901 Panorama Drive. (Refer to
Planning Commission)
an
Upon a motion by Councilman Christensen, Items (a), (b),
(c), (d), (e), (£), (g) and (h) of the Consent Calendar, were
adopted by the following roll call vote:
Ayes: Councilmen Barton, Bleecker, Christensen, Medders, Rogers
Sceales, Strong
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Medders, low bid of Clow
Corporation for Fire Hydrants, Burys and Hubs, was accepted and
all other bids rejected.
Bakersfield, California, October ll, 1976 - Page 8
289
New Business.
Adoption of Resolution No. 75-76 of
the Council of the City of Bakers-
field fixing a time and place for
hearing protests by persons owning
real property within territory
designated as "Stockdale No. 9,"
proposed to be annexed to the City
of Bakersfield.
Upon a motion by Councilman Sceales, Resolution No. 75-76
of the Council of the City of Bakersfield setting November 29, 1976
in the Council Chambers of City Hall as the time and place for
hearing protests by persons owning real property within territory
designated as "Stockdale No. 9," proposed to be annexed to the
City of Bakersfield, was adopted by the following roll call vote:
Ayes: Councilmen Barton, Bleecker, Christensen, Medders, Rogers,
Sceales, Strong
Noes: None
Absent: None
Adoption of Resolution No. 76-76 of
the Council of the City of Bakers-
field acknowledging receipt of a
copy of Notice of Intention to
Circulate Petition and an Affidavit
of Publication and consenting to the
commencement of Annexation proceedings
and circulation of Petition for the
Annexation to the City of Bakersfield
o£ certain inhabited and incorporated
territory in the County of Kern,
designated as "White Lane No. 10."
Upon a motion by Councilman Barton, Resolution No. 76-76
of the Council of the City of Bakersfield acknowledging receipt of
a copy of Notice of Intention to Circulate Petition and an Affidavit
of Publication and consenting to the commencement of Annexation
proceedings and circulation of Petition for the annexation to the
City of Bakersfield of certain inhabited and incorporated territory
in the County of Kern, designated as "White Lane No. 10," was
adopted by the following roll call vote:
Ayes
Councilmen Barton, Bleecker, Christensen, Medders, Rogers,
Sceales, Strong
Noes None
Absent: None
Bakersfield, California, October ll, 1976 - Page 9
Adoption of Ordinance No. 2298 New
Series approving annexation of a
parcel of uninhabited territory to
the City of Bakersfield, California,
designated as Annexation No. 229
(Bernard No. 2), and providing for
the taxation of said territory to
pay the bonded indebtedness of said
City.
Upon a motion by Councilman Medders, Ordinance No. 2298
New Series approving annexation of a parcel o£ uninhabited terri-
tory to the City of Bakersfield, California, designated as
Annexation No. 229 (Bernard No. 2), and providing for the taxation
of said territory to pay the bonded indebtedness o£ said City, was
adopted by the following roll call vote:
Ayes:
Councilmen Barton, Bleecker, Christensen, Medders, Rogers,
Sceales, Strong
Noes: None
Absent: None
Approval o£ Agreement between the
City and Tenneco Realty Development
Corporation for dedication of Quail-
wood Park Site.
This agreement provides £or dedication o~ the Quailwood
Park Site and indicates the developers responsibility for certain
park and street improvements as a condition for the dedication.
Upon a motion by Councilman Medders, Agreement between
the City and Tenneco Realty Development Corporation for dedication
of Quailwood Park Site, was approved and the Mayor was authorized
to execute same.
Acceptance of Grant Deed from Tenneco
Realty Development Corporation for
Quailwood Park Site.
Upon a motion by Councilman Medders, Grant Deed from
Tenneco Realty Development Corporation for Quailwood Park Site,
was accepted.
Adoption o~ Resolution No, 77-76 of
the Council of the City of Bakers-
£ield deleting a Council Meeting in
the month of October, 1976.
Bakersfield, California, October ll, 1976 - Page l0
29 1
Upon a motion by Councilman SLrong, Resolution No. 77-76
of the Council of the City of Bakersfield deleting a Council
Meeting in the month of October, 1976, was adopted by the following
roll call
Ayes:
Noes:
Absent:
vole:
Councilmen Barton, Bleecker, Christensen,
Sceales, Strong
None
None
Council,
adjourned at
Medders, Rogers,
Adjournment.
There being no further business to come before the
upon a motion by Councilman Christensen, the meeting was
9:10 P. M.
ATTEST:
CITY CLERK and Ex-?~ficio Clerk of the Council
of the City of Bakersfield, California
ma