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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