HomeMy WebLinkAbout11/01/1976 MINUTES CCBakersfield, California, November 1, 1976
30.
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., November 1, 1976.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Mr. Larry Hixon of
the Bakersfield Counseling Group.
The City Clerk called the roll as follows:
Present: Mayor Hart.
Councilmen Christensen, Medders, Rogers,
Sceales, Strong, Barton, Bleecker
Absent: None
Minutes of the regular meeting of October 25, 1976 were
approved as presented.
Council Statements.
Councilman Rogers read a memorandum regarding Agreement
with Elmer Fox, Westheimer & Co. regarding Official Statements
for Sale of Bonds, as follows:
Attached you will find a letter addressed to
the Finance Director from Elmer Fox, Westheimer
& Co., Certified Public Accountants. The
letter was written to establish their arrange-
ments with the City of Bakersfield regarding
combined financial statements which reduce the
City's financial information to a concise form
required for the sale of city bonds. Elmer
Fox, Westheimer & Co., who has audited the
City's financial statements for several years,
agree to assist in the preparation of such
statements which will reflect the past three
years of city operations and give a certified
public accountant's opinion as to their validity.
These concise statements and the opinion will
become a part of the official prospectus which
will be presented on behalf of the City of
Bakersfield to prospective purchasers of bonds
to be sold by the City for the purchase of Kern
River water rights and related properties.
I suggest that the City Council grant permission
for the signing of the attached letter which
would then serve as an agreement for services
by Elmer Fox, Westheimer & Co., Certified Public
Accountants.
Assistant City Manager Buell stated that there are
recoverable costs in any bond issue, such as preparation of bonds,
prospectus, financial statements, etc., which are included in the
cost of selling the bonds.
30-
Bakersfield, California, November 1, 1976 - Page 2
Finance Director
Elmer Fox, Westheimer & Co.
statement for inclusion in
of the cost of selling the
Haynes stated that this agreement with
is for the preparation of a financial
the prospectus and is considered part
bonds. This information is necessary
in order
buyers
City.
to include it in the prospectus so prospective bond
are fully informed as to the financial condition of the
Councilman Bleecker stated that the requested fee for
this service appears to be excessive since the auditors already
have the information and it just needs to be put into a more
concise form and it is his intention to vote in the negative on
this item.
Mayor Hart requested that the Finance Director have the
auditors qualify, in detail, the rationale used in arriving at
the fee quoted in the agreement.
Councilman Rogers stated that the fee quoted in the
agreement with Elmer Fox, Westheimer & Co. is just an estimate
and the actual cost may be lower.
After discussion, upon a motion by Councilman Rogers,
Agreement with Elmer Fox, Westheimer & Co., Certified Public
Accountants, for preparation of a financial statement and opinion
which will become part of the official prospectus to be presented
on behalf of the City of Bakersfield to prospective purchasers of
bonds to be sold by the City for the purchase of Kern River water
rights and related properties, was approved and the Mayor was
authorized to execute same, by the following roll call vote:
Ayes Councilmen Medders, Rogers, Sceales, Strong, Barton
Noes Councilman Bleecker
Absent None
Abstaining: Councilman Christensen
Councilman Christensen stated that he abstained from
voting due to the lack of adequate information being given to the
Council.
Bakersfield, California, November 1, 1976 - Page 3
3O5
Mayor Hart announced that he appointed Mr. Frank S. Lewis,
1706 Chester Avenue, to fill a vacancy on the Bakersfield Redevelop-
ment Agency, term expiring February l, 1980. This vacancy was
created by the resignation of Mr. Ray Pettit.
Reports.
City Manager Bergen read a Status Report on the Traffic
Study along 24th Street between "F" Street and Oak Street, as
follows:
At the August 9, 1976 meeting of the City
Council, a request was made by Councilman
Bleecker for an investigation and recommenda-
tion to provide better access to 24th Street
by residents living in the area north and
south of 24th Street between "F" Street and
Oak Street.
A detailed traffic study on this segment of
roadway was last done in 1972. The traffic
numbers probably have changed in the past four
years and additional changes have occurred
with the opening of Freeway 58 south of
Brundage Lane.
The State has indicated they would participate
with the City in a 24th Street study approxi-
mately 2 months after opening of Freeway 58,
and on that basis the study has been deferred
until November, 1976.
The study should be completed in approximately
two months.
Acting Public Works Director Hawley stated that the
State has indicated that the study will begin the first of next
week and should be completed about January 1, 1977.
City Manager Bergen stated that a letter has been
received from the Office of the Secretary of the Treasury regarding
Title II of the "Public Works Employment Act of 1976" and it has
been requested that the City sign a Statement of Assurances. The
estimated amounts due the City under this Act are approximately
$50,000.00 per quarter for five quarters or a total of $250,000.00.
The intent of the Title II portion is to maintain the present
level of basic services and it is assumed that these funds would
come to the City for reimbursement of budgetary expenditures for
Bakersfield, California, November 1, 1976 - Page 4
the operations of the City. Mr. Bergen requested that Title II
be referred to a Council committee for study.
Upon a motion by Councilman Rogers, letter and request
from the Office of the Secretary of the Treasury regarding Title
II of the "Public Works Employment Act of 1976," was referred to
the Budget Review and Finance Committee for study and reco~nenda-
tion back to the Council.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1631 to 1703,
inclusive, in the amount of $65,632.12.
(b) Claim for Damages from Robert Lee Duley
and Pauline Romines Duley, 3138 West
Dakota Avenue, Space 101, Fresno,
California. (Refer to City Attorney)
Upon a motion by Councilman Christensen, Items (a) and
(b) of the Consent Calendar, were adopted by the following roll
call vote:
Ayes: Councilmen Christensen, Medders, Rogers, Sceales, Strong,
Barton, Bleecker
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Strong, bid of Albert L.
Phillips for Three Year Lease of 3.395 acres of land located at
City Treatment Plant No. 1 at $450.00 per year, was accepted and
the Mayor was authorized to execute the lease.
Upon a motion by Councilman Sceales, low bid of Dicco,
Inc. for Annual Contract for 4000 Tons of Type "B" Asphalt Concrete,
was accepted, the other bid rejected and the Mayor was authorized
to execute the contract.
Upon a motion by Councilman Strong, bid of General
Seating Company for Seating Planks, Caps and Clips for Park Tables,
was accepted and the other bid rejected.
Bakersfield, California, November l, 1976 - Page 5
307
New Business.
Adoption of Resolution No. 82-76 of
Intention to approve an amendment to
Contract between the Board of
Administration of the Public Employees'
Retirement System and the City Council
of the City of Bakersfield.
This Resolution of Intention is one of the required steps
in the procedure to amend the contract for participation of the
City in the Public Employees' Retirement System. The proposed
change in the existing contract provides a 15% increase in allowance
to miscellaneous retired members or members deceased prior to July
l, 1971 and was approved by the Council during the 1976-77 budget
deliberations.
Councilman Bleecker requested that Assistant City Manager
Russell furnish the Council with a copy of the letter from the
retired Safety Employees requesting an increase in their allowance
and the reply to that letter.
City Manager Bergen stated that the action being taken
tonight is for retired Miscellaneous Employees only. This
legislation did not provide for an increase for retired Safety
Members. Also the City has been informed that the retired members
of the Firemen's Relief and Pension Fund will be requesting an
increase this year.
Upon a motion by Councilman Christensen, Resolution No.
82-76 of Intention to approve an amendment to Contract between
the Board of Administration of the Public Employees' Retirement
System and the City Council of the City of Bakersfield, was adopted
by the following roll call vote:
Ayes: Councilmen Christensen, Medders,
Barton, Bleecker
Noes: None
Absent: None
Rogers, Sceales, Strong,
8O8
Bakersfield, California, November l, 1976 - Page 6
First reading of an Ordinance of
the Council of the City of Bakers-
field amending Ordinance No. 2248
New Series and approving and
authorizing the execution of a
revised Formal Lease Agreement with
City of Bakersfield Water Facilities
Corporation.
Ordinance No. 2248 New Series is the lease between the
Water Facilities Corporation and the City of Bakersfield. It is
desirable to change the rental payment from January 1, 1977 to
July, 1977 and every six months thereafter and the amendment
accomplishes that purpose.
First reading was considered given an Ordinance
Council of the City of Bakersfield amending Ordinance No.
of the
2248 New
Formal Lease Agreement with
Corporation.
the City of Bakersfield Water Facilities
Hearings.
pation.
This is the time set for public hearing on Resolution
of Intention No. 915 of the Council of the City of Bakersfield
declaring its intention to order the vacation of the Alley east
of Olive Street and south of Brundage Lane, in the City of
Bakersfield.
This hearing has been duly advertised and posted.
Mayor Hart declared the hearing open for public partici-
Mr. Vernon Murray, Owner and Operator of Fred Shaw's
Wheel Aligning & Brakes, 2907 Brundage Lane, stated he is objecting
to the closing of this alley because his business services numerous
large trucks and trailers and the traffic flow would be smoother
if it is left open.
Mr. Dave Goldberg, Attorney representing the landowner
Mrs. Shaw, objected to the closing of the alley because it is the
passageway used by most of the heavy equipment from the Shaw's
business and it would seem that this closing is favoring the buyer
Series and approving and authorizing the execution of a revised
Bakersfield, California, November l, 1976 - Page 7
309
at the expense of persons who are already operating a business at
that location.
Mr. Stanley Huth, Real Estate Agent, stated that Mrs.
Shaw and her daughter Cleo Foran requested that he look at the
property in question and if the alley is closed circulation will
be cut down and the Shaw property will suffer.
Cleo Foran, daughter of Hazel Shaw the property owner,
stated that they had planned another business on the rear of their
property, but if the alley is e~iminated they will not be able to
open a new business because of lack of access.
Mr. Robert McCoy, representing John Barber the applicant,
explained what Mr. Barber is trying to accomplish and stated that
the closing of this portion of the alley would not hinder the
traffic flow through the Shaw property.
After discussion, no further protests or objections
being received, Mayor Hart closed the public portion of the
hearing for Council deliberation and action.
Upon a motion by Councilman Christensen, hearing on
Resolution of Intention No. 915 regarding the vacation of the
Alley east of Olive Street and south of Brundage Lane, was
continued until the Council Meeting of November 8, 1976, in order
that the Council may personally view the properties and the Public
Works Director was requested to furnish the Council with a detailed
sketch of the properties and alley in question.
Councilman Bleecker suggested that whenever the Planning
Commission studies a request of this type and it is not brought
to the Council for several months that the Public Works Department,
or whatever Department is concerned, bring the Planning Commission's
recommendation to the Council, particularly at contested public
hearings.
Bakersfield, California, November 1, 1976 - Page 8
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Strong, the meeting was
adjourned at 9:35 P.M.
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