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HomeMy WebLinkAboutJULY - SEPT 1974392 Bakersfield, California, July l, 1974 Minutes of of Bakersfield, California, held in the Council Chambers of City Hall at 4:00 P.M., July 1, 1974. Present: Absent: a special meeting of the Council of the City the The meeting was called to order by Mayor Hart. The City Clerk called the roll as follows: Mayor Hart. Councilmen Thomas, Strong Councilmen Barton, Heisey Bleecker, Medders, Rogers, (seated at 4:10 P. M.) Downtown Bakersfield Redevelopment Project - "K" Street Parking Garage. Mr. Eugene B. Jacobs, Special Counsel for the Bakersfield Redevelopment Agency, reported on the bids received and funding for the construction of the "K" Street Parking Garage. Mr. Wilbur Rickett, Partner of Tumblin Company, General Contractors, stated that the bid for the modular construction oi the "K" Street Parking Garage is a joint venture between Tumblin Company and Unicon Parking Structures and introduced Mr. Ray Italia, Vice-President of Unicon Parking Structures. Mr. Rickerr then outlined the plans for the Unicon Parking Garage. A lengthy discussion ensued regarding the modular garage versus the poured-in-place garage, differences in construction costs and funding of the parking garage. It was recommended that the documents be adopted in such a form as to allow the Bakersfield Redevelopment Agency to increase the size o£ the garage from approximately 255 spaces to 360 spaces. Adoption of Resolution No. 54-74 of the Council of the City of Bakersfield approving the Plans and Specifications prepared for the construction of the "K" Street Parking Garage. Upon a motion by Councilman Bleecker, Resolution No. 54-74 of the Council of the City of Bakersfield approving the Plans and Specifications prepared for the construction of the "K" Bakersfield, California, July 1, 1974 - Page 2 393 Street Parking Garage, Ayes: Noes: Absent: was adopted by the following roll call vote: Councilmen Thomas, Bleecker, Medders, Rogers, Strong None Councilmen Barton, Heisey Adoption of Resolution No. 55-74 of the Council of the City of Bakersfield approving the General Concept Plans and Specifications submitted for the design and construction of the "K" Street Parking Garage. Upon a motion by Councilman Bleecker, Resolution No. 55-14 of the Council of the City of Bakersfield approving the General Concept Plans and Specifications submitted for the modular design and construction of the "K" Street Parking Garage, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Thomas, None Councilmen Barton, Bleecker, Medders, Rogers, Strong Heisey First reading of an Ordinance of the Council of the City of Bakersfield approving that certain Lease Agreement dated as of August 1, 1974, between said City and the Bakersfield Redevelop- ment Agency of the City of Bakersfield, relating to the Downtown Bakersfield Redevelopment Project. First reading was considered given an Ordinance of the Council of the City of Bakersfield approving that certain Lease Agreement dated as of August l, 1974, between said City and the Bakersfield Redevelopment Agency of the City of Bakersfield, relating to the Downtown Bakersfield Redevelopment Project. Adoption of Resolution No. 56-74 of the Council of the City of Bakersfield approving and authorizing the execution of a Reimbursement Agreement with the Bakersfield Redevelopment Agency regarding the "K" Street Parking Garage. Upon of the Council the execution of a motion by Councilman Thomas, Resolution No. 56-74 of the City of Bakersfield approving and authorizing a Reimbursement Agreement with the Bakersfield 394 Bakersfield, California, July l, 1974 - Page 3 Redevelopment adopted Ayes: Noes: Absent: Agency regarding the "K" Street by the following roll call vote: Councilmen Thomas, Bleecker, Medders, None Councilmen Barton, Heisey The foregoing documents will allow the Bakersfield Parking Garage, was Rogers, Strong Redevelopment Agency to increase the size of the garage from approximately 255 spaces to 360 spaces. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Bleecker, the meeting was adjourned at 5:00 P.M. MA 0~f the Cxty of Bakersfxeld, Calif. ATTEST: CITY CLE~ and Ex-Offic~ Clerk of the Council of the CXty of Bakersf'ex~d, California ma Bakers£ield, California, July 8, 1974 395 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at 8:00 P.M., July 8, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Walter F. Heisey. The City Clerk called the roll as Present: Mayor Hart. Councilmen Bleecker, Strong, Thomas Absent: Councilman Barton Minutes of the budget sessions of June 18 & 19, 1974, regular meeting of June 24, 1974 and special meeting of July 1, 1974 were approved as presented. Mayor Hart presented a plaque to Miss Sharen Brown in recognition of her demonstration of good citizenship for helping to apprehend three felony suspects who had robbed an elderly woman. Mayor Hart also stated that three similar plaques will be presented to Liela Martinez, Julie Strong and Debbie Adams from Seattle, Washington, who participated in apprehending these suspects. Presentation of Retirement Plaque. Mayor Hart presented a retirement plaque to Edgar L. Griffith, Public Works Department, who completed 38 years of service with the City of Bakersfield, effective June 22, 1974. Council Statements. Councilman Heisey proposed the appointments of the following Council Standing Committees: follows: Heisey, Medders, Rogers, VOUCHER APPROVAL Vernon D. Strong, James J. Barton Keith Bleecker INTERGOVERNMENTAL RELATIONS Chairman Don L. Thomas, Chairman James J. Barton Walter F. Heisey BUSINESS DEVELOPMENT AND PARKING James J. Barton, Chairman Keith Bleecker Clarence E. Medders 396 Bakers£ield, California, July 8, 1974 - Page 2 Upon a motion by Councilman Heisey, appointments to the Voucher Approval Committee, Intergovernmental Relations Committee and Business Development and Parking Committee, were approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Bleecker, Thomas City of Heisey, Medders, Rogers, Strong, None Councilman Barton Councilman Heisey stated that in order to protect the Bakersfield's property taxpayers interests regarding monies that are being expended on the Buena Vista Aquatic Park Project he would recommend that a special committee be appointed to investigate this matter. Upon a motion by Councilman Heisey, appointments to the special committee to investigate the Buena Vista Aquatic Park Project, were approved as follows: Keith Bleecker, Chairman Walter F. Heisey Vernon D. Strong Councilman Heisey stated that there seems to be a traffic problem in the vicinity of Ming Avenue, Real Road and Wible Road with trucks coming off the freeway and using those streets for truck routes and requested the Traffic Authority to investigate the matter and make a recommendation to the Council. Mayor Hart declared a brief recess at this time. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3937 to 4092, inclusive, and 1 to 6, inclusive, in amount of $226,190.93. (b) Notice of Completion and Acceptance of Work for the construction of a Reinforced Concrete Box Culvert at Belle Terrace and Stine Canal - Contract No. 74-9 with R. L. Gooch Construction Co. Bakersfield, California, July 8, 1974 - Page 3 397 (c) Notice of Completion and Acceptance of Work on street and sewer improvements as shown on construction plans for "O" and 36th Streets - Stockdale Develop- ment Corporation. (d) Notice of Completion and Acceptance of Improvement of East Brundage Lane from 1200' east of Lakeview Avenue to 400' east of Mr. Vernon Avenue Contract No. 74-40 with Griffith Company. (e) Notice of Completion and Acceptance of Lighting Improvements at Jastro Park Tennis Courts - Contract No. 74-30 with Continental Electric Company. (f) Application for Encroachment Permit from Fred Clad, Inc., 2530 "F" Street. (g) Temporary Drainage Easement from High- lands Real Estate Corporation - provides a temporary retention area for the drainage from Tract No. 3685 and will remain until this area is developed and improvements are provided to handle this drainage. (h) Map of Tract No. 3685 and Contract and Specifications for improvements therein - located along Christmas Tree Lane east of Columbus Street and is the easterly extension of Christmas Tree Lane. (i) Construction Change Order No. 1 for the construction of a Reinforced Concrete Box Culvert at Belle Terrace and Stine Canal - Contract No. 74-9 with R. L. Gooch Construction Company. Upon a motion by Councilman Strong, 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 Bleecker, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: Councilman Barton Action on Bids. Upon a motion by Councilman Bleecker, low bid of Griffith Company for resurfacing of Pierce Road between Rosedale Highway and Calloway Canal Bridge, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. 398 Bakersfield, California, July 8, 1974 - Page 4 Pursuant to recommendation of the Public Works Department, upon a motion by Councilman Medders, the three bids received for construction of two lighted tennis courts at Centennial Park were rejected as being excessive and the Finance Director was authorized to re-advertise the project with the electrical work being separated from other items of construction. Deferred Business. Adoption of Ordinance No. 2197 New Series of the Council of the City of Bakersfield approving that certain Lease Agreement, dated as of August 1, 1974, between said City and the Bakersfield Redevelopment Agency of the City of Bakersfield relating to the Downtown Bakersfield Redevelopment Project. Upon a motion by Councilman Bleecker, Ordinance No. 2197 New Series of the Council of the City of Bakersfield approving that certain Lease Agreement, dated as of August 1, 1974, between said City and the Bakersfield Redevelopment Agency of the City of Bakersfield relating to the Downtown Bakersfield Redevelopment Project, was adopted by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: Councilman Barton New Business. Adoption of Resolution No. 57-74 of the Council of the City of Bakersfield adopting Plans and Specifications, Estimates of Cost, District Map and Diagram for construction of curbs, gutters, sidewalks, driveway approaches and alley returns in proposed Public Improvement District No. 894. Upon a motion by Councilman Strong, Resolution No. 57-74 of the Council of the City of Bakersfield adopting Plans and Specifications, Estimates of Cost, District Map and Diagram for construction of curbs, gutters, sidewalks, driveway approaches and Bakersfield, California, July 8, 1974 - Page 5 399 alley returns in proposed Public Improvement District No. 894, was adopted by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: Councilman Barton Adoption of Resolution of Intention No. 894 of the City Council of the City of Bakersfield, California, declaring its intention to order the construction and installation of required curbs and gutters, sidewalks, driveway approaches and alley returns in proposed Public Improvement District No. 894; describing the District to be benefitted by said work and to be assessed to pay the cost and expense thereof; determining that Bonds will be issued to represent assessments to be levied; and fixing the time and place for hearing protest and objection to said work or the extent of the District to be assessed or both and giving Notice thereof. Councilman Strong requested the staff to make an estimate of the cost of doing the work in Public Improvement District 894 available. Upon a motion by Councilman Strong, Resolution of Intention No. 894 of the City Council of the City of Bakersfield, California, declaring its intention to order the construction and installation of required curbs and gutters, sidewalks, driveway approaches and alley returns in proposed Public Improvement District No. 894; describing the District to be benefitted by said work and to be assessed to pay the cost and expense thereof; determining that Bonds will be issued to represent assessments to be levied; and fixing August 12, 1974 at 8:00 P.M., in the Council Chambers of the City Hall as the time and place for hearing protest and objection to said work or the extent of the District to be assessed 4OO Bakersfield, California, July 8, 1974 - Page 6 or both and giving Notice thereof, roll call vote: Ayes: was adopted by the Councilmen Bleecker, Heisey, Medders, Rogers, Thomas following Strong, Noes: None Absent: Councilman Barton First reading of an Ordinance of the Council of the City of Bakersfield adding Section 17.08.232, 17.08.234, 17.08.236, 17.08.238, 17.08.545, amending Section 17.12.050 and adding Chapter 17.46 to Title 17 of the Municipal Code, adding Definitions, Designating New Zones and providing regulations for Flood Plain Zoning within the City. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Section 17.08.232, 17.08.234, 17.08.236, 17.08.238, 17.08.545, amending Section 17.12.050 and adding Chapter 17.46 to Title 17 of the Municipal Code, adding Definitions, Designating New Zones and providing regulations for Flood Plain Zoning within the City. This proposed Ordinance creates two new zones which may be applied in the Flood Plain areas in the City. The basic purpose of the zones, when applied, are to protect life and property from hazards and damages from the 100-year flood and to prevent obstruc- tions which may diminish the ability of the flood plain to carry overloads during periods of flooding. The Planning Commission conducted a public hearing on this proposed Ordinance on July 3, 1974 and recommends its adoption by the City Council. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 6.30.020 of the Municipal Code, concerning the Transfer of Duties of City Officers to appropriate County Officers with respect to the Property Tax. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 6.30.020 of the Municipal Code, concerning the Transfer of Duties of City Officers to appropriate County Officers with respect to the Property Tax. 401 Bakersfield, California, July 8, 1974 - Page 7 There has been some confusion expressed as to the authorized maximum tax levy in the City. The State law, which states that the Property Tax rate shall be sufficient to raise the amount fixed by ordinance or resolution is applicable to the City of Bakersfield. By the terms of the Charter, its provisions concerning assessment and levy of Property Taxes are subject to an ordinance which avails itself of State law. This ordinance is proposed to clarify the fact that the City has availed itself of such State law. Approval of request of Public Works Department to declare a portion of vacated Sunset Avenue as Surplus Real Property. Upon a motion by Councilman Medders, request o£ the Public Works Department to declare a portion of vacated Sunset Avenue east of Freeway 99 as Surplus Real Property, was approved and the Finance Director was authorized to advertise for bids. Approval of Supplement to Cooperative Agreement No. 93-72 for the construction of Belle Terrace from Stine Road to New Stine Road. Upon a motion by Councilman Thomas, Supplement to Cooperative Agreement No. 93-72 with the County of Kern for the construction of Belle Terrace from Stine Road to New Stine Road, was approved and the Mayor was authorized to execute same. Approval of Contract of Sale between Graybar Electric Company and the City of Bakersfield for the purchase of property for a drainage disposal site. The City requires a 20,400 square foot drainage disposal site in the vicinity of 32nd and "K" Streets. There is a vacant 47,800 square foot parcel at the northwest corner of this location and the owner, Graybar Electric Company is not willing to sell this parcel in part. To assist in the development of the drainage site, McCarthy Tank and Steel Company is willing to purchase the excess property that the City does not need. The Public Works Department recommends that the Council approve the Contract of Sale and 402 Bakersfield, California, July 8, 1974 - Page 8 authorize the opening of a three way escrow to consummate the sale. The City has obtained an appraisal of the property and the purchase price will be equal to the appraised value. The cost to the City will be approximately $11,600.00. Upon a motion by Councilman Bleecker, Contract of Sale between Graybar Electric Company and the City of Bakersfield for the purchase of property for a drainage disposal site, was approved and the Mayor was authorized to execute same. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Medders, the meeting was adjourned at 8:35 P.M. MA~Y R~~~field, Calif. ATTEST: CIT~I~C/LERK and Ex-O~icio Clerk of the Council of ~he City of Bake~fsfield, California ma Bakersfield, California, July 22, 1974 Minutes of the Council of the City of Bakersfield, California, meeting in budget sessions at 8:10 P.M., July 22, 1974. The meeting was called to order by Mayor Hart. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Heisey, Medders, Rogers, Strong, Thomas, Barton, Bleecker Absent: None Councilman Bleecker, Chairman of the Governmental Efficiency and Personnel Committee, read a report regarding Salaries and Supplemental Benefits, as follows: During the past few months the Governmental Efficiency and Personnel Committee, in com- pliance with State law and this City's Employer-Employee Relations Ordinance, has held many meet and confer sessions with repre- sentatives of the Public Employees Union Teamsters Local 986, and the Kern County Employees Association. In addition we have consulted with all employee units who chose not to unionize. The basis for these meetings was to develop a fair and equitable salary and supplemental benefits program for employees o£ the City. As a guideline in our negotiations, this Committee and the unions used the Arthur D. Little study to arrive at the following recommendations: Blue Collar Unit 1. Salary adjustments averaging 15.546%. 2. An increase in standby pay from $3.00 to $5.00 per eight-hour shift. 3. An increase to $30.00 per month for group insurance. 4. A 5% increase for lead assignment. The restoration of the seniority vacation rights of those refuse workers who went out on strike in 1972. White Collar Unit 1. Salary adjustments averaging 16.147%. 2. An increase to $30.00 per month for group insurance. 2 Bakersfield, California, July 22, 1974 - Page 2 Fire Unit 1. Salary adjustments averaging 12.551%. An increase to $30.00 per month for group insurance. An annual $50.00 uniform allowance. Higher job classification pay when assigned to such duty for more than one continuous shift. Fire Supervisory Unit Salary adjustments averaging 13.698%· An increase to $30.00 per month for group insurance. An annual $50.00 uniform allowance. Higher job classification pay when assigned to such duty for more than one continuous shift. Police Unit 1. Salary adjustments averaging 13.104%. 2. o An increase to $30.00 per month for group insurance. An annual $100 uniform allowance. Holiday pay at time and one half. A $10,000 life insurance plan to be paid one-half by the City and one-half by the employee. Police Supervisory Unit Salary adjustments averaging 12.978%. An increase to $30.00 per month for group insurance. An annual $100 uniform allowance· A $10,000 life insurance plan to be paid one-half by the City and one-half by the employee. General Employees Supervisory Unit Salary adjustments averaging 16.115%. An increase to $30·00 per month for group insurance. A life insurance program equal to one year's salary, with a minimum amount of $15,000 to be paid one-half by the City and one-half by the employee. Overtime pay at time and one-half. A 5% deferred income plan to be paid by the City. Bakersfield, California, July 22, 1974 - Page 3 3 Confidential Employees Unit 1. Salary adjustments averaging 15.552%. 2. An increase to $30.00 per month for group insurance. A $10,000 life insurance program to be paid one-half by the City and one-half by the employee. 4. A one-half day administrative leave program. Management Employees Unit 1. Salary adjustments averaging 12.189%. 2. An increase to $30.00 per month for group insurance. A life insurance program equal to one year's salary to be paid one-half by the City and one-half by the employee. 4. A deferred income program of 10% to be paid by the City. 5. A car allowance of $100 per month for depart- ment heads. 6. A car allowance of $50 per month for assistant department heads. In addition the Committee is also recommending that the holiday schedule be changed to allow employees the Friday after Thanksgiving in exchange for Admission Day. We further recommend that the City's car allowance be increased from the present policy of 10~ per mile to a more realistic figure of 17~ per mile. All of these recommendations are attached to this report in more detail as resolutions and ordinance changes. In order to effectuate these changes, we are recommending that the Council adopt the attached ordinances and resolutions and approve the Memorandums of Understanding with the Public Employees Union, Teamsters Local 986, and the Kern County Employees' Association, Local 700. Upon a motion by Councilman Bleecker, report of the Governmental Efficiency and Personnel Committee regarding Salaries and Supplemental Benefits including Memorandums of Understanding with the Public Employees Union, Teamsters Local 986 and the Kern 4 Bakersfield, California, July 22, 1974 - Page 4 County Employees' Association, Local 700, was approved by the following roll call vote: Ayes: Councilmen Heisey, Medders, Rogers, Strong, Thomas, Barton, Bleecker Noes: None Absent: None Councilman Rogers stated that the salary adjustments and fringe benefits will be implemented without an increase in the tax rate. Adoption of Ordinance No. 2198 New Series of the Council of the City of Bakersfield amending Section 3.18.020 (b), repealing Section 3.18.060 and Section 3.18.070, amending Section 3.18.080 and Section 3.18.090, adding Section 3.18.110(c) and (d), amending Section 3.18.140(b) and (c), Section 3.18.150(a), adding 3.18.150 (i) and amending Section 3.18.154, Section 3.18.180(a) and (i), and 3.18.220(d) of Chapter 3.18 of the Municipal Code, concerning Compensation. Upon a motion by Councilman Bleecker, Ordinance No. 2198 New Series of the Council of the City of Bakersfield amending Section 3.18.020(b), repealing Section 3.18.060 and Section 3.18.070, amending Section 3.18.080 and Section 3.18.090, adding Section 3.18.110(c) and (d), amending Section 3.18.140(b) and (c), Section 3.18.150(a), adding 3.18.150(i) and amending Section 3.18.154, Section 3.18.180(a) and (i), and 3.18.220(d) of Chapter 3.18 of the Municipal Code, concerning Compensation, was adopted by the following roll call vote: Ayes: Councilmen Heisey, Medders, Rogers, Strong, Thomas, Barton, Bleecker Noes: None Absent: None Adoption of Resolution No. 58-74 of the Council of the City of Bakersfield setting Salaries and related Benefits for Officers and Employees of the City of Bakersfield. Bakersfield, California, July 22, 1974 - Page 5 Upon a motion by Councilman Bleecker, Resolution No. 58-74 of the Council of the City of Bakersfield setting Salaries and related benefits for Officers and Employees of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Heisey, Medders, Rogers, Strong, Thomas, Barton, Bleecker Noes: None Absent: None Councilman Bleecker, Chairman of the Governmental Efficiency and Personnel Committee, read a report regarding Work Standards and Personnel, as follows: Last year the Council contracted with the firm of Arthur D. Little, Incorporated, to study governmental efficiencies within the City of Bakersfield. As a result of this study the Council has already reorganized several depart- ments and is in the process of adopting a comprehensive salary and supplemental benefits program. The Governmental Efficiency and Personnel Committee is now recommending that the work measurement study results be implemented as soon as possible. Based on this portion of the study we are recommending that the Council instruct the staff to make the following changes in the Sanitation, Street Cleaning and Street Maintenance Division: 1. Convert from 3-man crews to 2-man crews in refuse collection. Finalize agreement with the County whereby the County will assume all responsibility for operation of the City's sanitary land- fill. 3. Reduce the size of the up-front crews in the Street Cleaning Division. Begin immediate utilization of the recom- mended crew sizes and production standards in the Street Cleaning Division. During the 1974-75 fiscal year these recommenda- tions will eliminate 23 permanent positions. The Public Works Director has attached to this report his comments on how these changes can be implemented. We have reviewed this plan and we are recommending that action be taken to imple- ment it as outlined in the Public Works Director's report. We would like to point out to the Council that every effort will be made to provide an opportunity for continued employment for those Bakersfield, California, July 22, 1974 - Page 6 employees affected by this cutback. This can be accomplished through attrition or placement in other positions where they qualify. Further recommendations regarding potential cutbacks will be forthcoming as work measurement standards are applied in other areas of the City. In implementing certain sections of the Arthur D. Little study there are some areas which we do not agree with and would recommend the following exceptions: 1. Fire Marshal title remain as Fire Marshal. 2. Drillmaster title remain Drillmaster. 3. Executive Aide title change to Administrative Aide. 4. Master Mechanic - Police changed to Police Mechanic Supervisor at a salary range of 35. 5. One Clerk Typist in the Police Department be retained as a Clerk Typist I. 6. One Office Clerk in the Police Department be retained as an Account Clerk I. We also recommend the addition of the following personnel and acceptance of all job specifications as submitted by the Arthur D. Little Company: (1) Deputy City Attorney I at a salary range of $1,372 to $1,672; (3) Clerk Typists I in the Police Department; (2) Personnel Technicians at a salary range of $947 to $1,154; (1) Secretary I for the Redevelopment Agency Director; (1) Principal Planner at a salary range of $1,154 to $1,406 for the Redevelopment Agency. In order to implement these changes we recommend Council approval of this report tonight and instruct the staff to make the necessary ordinance changes. Councilman Bleecker moved for the adoption of the Governmental Efficiency and Personnel Committee report regarding Work Standards and Personnel and instructing the staff to make the necessary ordinance changes. Councilman Thomas questioned the recommendation of con- verting from 3-man crews to 2-man crews for refuse collection. Bakersfield, California, July 22, 1974 - Page 7 Ayes: Noes: Absent: Abstaining: Councilman Strong stated he did not sign the Work Standards and Personnel Report and cannot support a motion to adopt it primarily because it does not specifically state that the position to be deleted would be accomplished by attrition. Mr. Charles Wade, representing Kern County Employees' Association, S.E.I.U., Local 700, questioned the proposed cutback of personnel in the Public Works Department and suggested pilot projects in refuse collection and street cleaning before the City adopts the proposed changes. City Manager Bergen stated that there are enough two man operations in the State to be quite sure that it will work and secondly the City is not suggesting that this be effective immediately; it will be phased in as outlined in the memorandum from the Department of Public Works. Councilman Bleecker's motion to adopt the report of the Governmental Efficiency and Personnel Committee regarding Work Standards and Personnel and instructing the staff to make the necessary ordinance changes, was approved by the following roll call vote: Councilmen Heisey, Medders, Rogers, Bleecker Councilman Thomas None Councilmen Strong, Barton Adjournment. There being no further business to come before the Council sitting in Budget Sessions, upon a motion by Councilman Medders the meeting was adjourned at 8:40 P. 0 P. MA o the~ ie ld, ATTE ST: CITY CLERK/ and Ex-Offic/~ Clerk of the Council of the City of Bakersf~ld, California Calif. ma Bakersfield, California, July 22, 1974 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at 8:00 P.M., July 22, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Captain David Patrick of the Salvation Army. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Heisey, Medders, Rogers, Strong:, Thomas, Barton, Bleecker Absent: approved None Minutes of the as presented. regular meeting of July 8, 1974 were Scheduled Public Statements. Kern County Supervisor John Mitchell read a letter regarding the City's Special Problems Committee appointed to investigate the Buena Vista Aquatic Recreational Area, which extended an invitation and his services should this Committee wish to tour the area. Recess Meeting. Council meeting was recessed at 8:10 P.M. to Regular continue Budget Sessions regarding employees, with various report~ from the Governmental Efficiency and Personnel Committee. Regular meeting was reconvened at 8:40 P.M. Upon a motion by Councilman Heisey, the Council recessed to an Executive Session for a briefing on legal matters and a personnel item. Approval of Contractural Agreement with H. E. Bergen for continued service to the City of Bakersfield as City Manager. Upon a motion by Councilman Bleecker, Contractural Agreement with H. E. Bergen for continued service to the City of Bakersfield as City Manager, was approved and letter resigning indeterminate leave of absence as Director of Public Works, was received and ordered placed on file. Bakersfield, California, July 22, 1974 - Page 2 Correspondence. Upon a motion by Councilman Heisey, communication from the Kern County Board of Supervisors, dated July 9, 1974, regarding Kern River Water Rights, was received, ordered placed on file and referred to the Water and City Growth Committee. Communication from Kern County Parks and Recreation Department, dated July 8, 1974, regarding the State Beach, Park, Recreational and Historical Facilities Bond Act and requesting representation from the City of Bakersfield in formulating a "Priority Plan for Expenditure" with those cities and districts who will participate with the County of Kern in this program. Upon a motion by Councilman Heisey, Auditorium-Recreation Manager Charles Graviss was appointed to represent the City of Bakersfield in formulating a "Priority Plan for Expenditure" regarding the State Beach, Park, Recreational Facilities Bond Act. Upon a motion by Councilman Medders, and Historical request of Rarer Johnson School P.T.A. for use of Casa Moore Parking Lot on Saturday, September 21, 1974 for a Rummage Sale, was approved. Upon a motion by Councilman Bleecker, communication from St. George Greek Orthodox Church, requesting vacation of an Alley on the west side of the church, Kruse Tract, Lots 13, 14, 15, 16 and 17, was received and referred to the Public Works Department, Traffic Authority and Planning Commission for investigation and recommendation to the Council. (This item included on the Consent Calendar) Communication from Black History Board of Directors requesting the Council and Mayor to support their selection of Henry Aaron of the Atlanta Braves baseball team to serve as Grand Marshal of the 1975 Annual Black History Parade. Upon a motion by Councilman Strong, the Mayor was requested to write a letter endorsing the Black History Board of Director's 10 Bakersfield, California, July 22, 1974 - Page 3 selection of Henry Aaron as Grand Marshal of the 1975 Annual Black History Parade and requesting his acceptance. Councilman Bleecker stated he has had numerous complainl~s from people in his ward regarding pungent odors in the western part of the 4th Ward and read a letter from Mrs. Candice E. Olcott, 2021 Cedar Street concerning these odors. Contact has been made with staff members and Mr. Citron Toy of the Air Pollution Control Board regarding this problem and the City is waiting for a response. Councilman Bleecker requested the Director of Public Works to again contact Mr. Toy and make known to him the letter read before the Council and hopefully the City will get a response. Councilman Heisey stated that the Kern County Health Department should be contacted and possibly a public hearing held before the Air Pollution Control Board and try to alleviate this problem. Council Statements. Upon a motion by Councilman Strong, the staff was directed, by Minute Order, to prepare appropriate documents under Section 18 of the City Charter, that will place salaries of Councilmen in the City of Bakersfield in line with standard salaries of General Law cities with populations between 75,000-150,000 ($3,600.00 per year'), and the Council review the Mayor's salary and expenses and make appropriate recommendations to reflect increased cost of current services and that said proposal be submitted to a during the General Election to be held November 5, following roll call vote: Ayes: Councilmen Heisey, Medders, Strong, vote of the peoF~le 1974, by the Thomas, Barton, Noes: Absent: Abstaining: to write Bleecker None None Councilman Rogers Upon a motion by Councilman Heisey, a the Mayor was requested letter to the State Highway Commission, with a copy to Bakersfield, California, July 22, 1974 - Page 4 11 Highway Commissioner Kenneth Vetter and Kern County Supervisor Gene Young, requesting installation of the off and on ramps at the Mt. Vernon crossing of the freeway. Councilman Heisey presented background information on Mr. Carl Fossette who is on the staff of Ralph Helm, Consulting Attorney on Water matters for the City of Bakersfield~ and will be working closely with the staff and Council on Water matters. Upon a motion by Councilman Heisey, the staff was directed to prepare documents necessary to place on the ballot of the General Election, November 5, 1974, a measure to remove from the City Charter the requirement that the Chief of Police and Fire Chief be hired from the ranks of their respective departments, was approved by the following roll call vote: Ayes: Councilmen Heisey, Medders, Rogers, Strong, Thomas, Barton, Bleecker Noes: None Absent: None Upon a motion by Councilman Heisey, the staff was directed to prepare documents necessary to place on the ballot of the General Election, November 5~ 1974, a measure to remove from the City Charter Civil Service status of Department Heads and Management Officers in the City Manager's Office, exempting present personnel, was approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Heisey, Barton, None None Medders, Rogers, Strong, Thomas, Bleecker Reports. Councilman Bleecker, Chairman of the Governmental Efficiency and Personnel Committee, read a report regarding the O'Hare Property Settlement, as follows: An Agreement has been reached to settle the alleged dispute raised by the O'Hares regarding the ownership of a twelve-foot strip of property along Dracena Street, in the City of Bakersfield. 12 Bakersfield, California, July 22, 1974 - Page 5 action. This agreement involves the following conditions: (1) The agreement is in lieu of and in com- promise of any litigation. (2) The City of Bakersfield will pay to Mrs. Sara C. O'Hare the sum of $1,473.71. (3) Mrs. Sara O'Hare will execute a Street Right-of-Way Deed to the City of Bakers- field for that portion of 5th Street passing over land of which Mrs. O'Hare holds title. It is recommended that the Council authorize payment of $1,473.71 to Mrs. Sara C. O'Hare, and that the Council accept and adopt the Memorandum of Understanding, dated July 1974. Councilman Medders questioned the appropriateness of this Upon a motion by Councilman Bleecker, report of the Governmental Efficiency and Personnel Committee regarding the O'Hare Property Settlement, authorizing payment of $1,473.71 to Mrs. Sara C. O'Hare and acceptance and adoption of Memorandum of Understanding, dated July 15, 1974, was approved. Councilmen Medders and Thomas voted in the negative on this motion. Councilman Medders, Chairman of the Budget Review and Finance Committee, gave a verbal report regarding Architects for construction of new Corporation Yard and expansion of City Hall, as follows: Budgeted for the 1974-75 Fiscal Year are two Capital Outlay Projects which will require the services of an Architectural Firm. These projects are the new Corporation Yard and expansion of the City Hall structure. The Budget Review and Finance Committee met and discussed acquiring such architectural services and the criteria for selection is: (1) The £irm's manpower capabilities for handling these jobs. (2)The known quality of previously performed work. (3) Giving firms an opportunity which have not performed recent City jobs. Bakersfield, California, July 22, 1974 - Page 6 The firms of Biggat & Cartnal and Frapwell & Ghezzi were both highly considered for the Police Facility, which Stuhr is doing. Since that time a merger has taken place and the firm is now Biggat, Frapwell, Ghezzi and Cartnel. While the Committee is not unanimous in this choice, the majority feeling is that the firm of Biggat, Frapwell, Ghezzi and Cartnel is to be retained for these two projects. Upon a motion by Councilman Medders, the firm of Biggat:, Frapwell, Ghezzi and Cartnel, was approved as Architects for the construction of the new Corporation Yard and expansion of City Hall. Councilman Thomas voted in the negative on this motion. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4093 to 4253 and 7 to 47, inclusive, in the amount of $445,942.37. (b) Ninety day Extension of Time for completion of improvements in accordance with the Contract and Specification for Parcel Map 1000. (c) Application for Encroachment Permit from Hopper, Inc., 2409 Union Avenue. (d) Notice of Completion for street and sewer improvements under Tract No. 3629 located near Wilson Road and Edgemont Drive - Contract No. 73-63 with Stockdale Develop- ment Corporation. (e) Notice of Completion for street and sewer improvements under Tract No. 3663 located near New Stine Road and Appleblossom Drive - Contract No. 73-64 with Stockdale Redevelop- ment Corporation. (f) Notice of Completion for street and sewer improvements under Parcel Map No. 612 located near District Boulevard and Arm- strong Boulevard - with Stockdale Develop- ment Corporation. (g) Request from St. George Greek Orthodox Church, 401-405 Truxtun Avenue, for vacation of Alley on the west side of the church, Kruse Tract, Lots 13, 14, 15, 16 & 17. (Refer to Planning Commission) (h) Request from American National Bank, 1300 - 22nd Street, for vacation of Alley in Block 167, bounded by 22nd Street and 23rd Streets between "K" Street and "L" Street. (Refer to Planning Commission) 14 Bakersfield, California, July 22, 1974 - Page 7 Upon a motion by Councilman Strong, Items (a), (b), (c), (d), (e), (f), (g) and (h) of the Consent Calendar, were approved by the following roll call vote: Ayes: Councilmen Heisey, Medders, Barton, Bleecker Noes: None Absent: None Action on Bids. Rogers, Strong, Thomas, Upon a motion by Councilman Medders, low bid of Farnholtz Tire Service for Annual Contract for Tire Recapping, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, low bid of Start Rite Stationers for Annual Contract for Office Supplies, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, bid of Ray Gaskin Service for three refuse packer bodies and three cab and chassis, was accepted and all other bids rejected. Upon a motion by Councilman Bleecker, low bid of Specialized Spray Service for Phase I of the 1974 Weed Abatement Program, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Deferred Business. Adoption of Ordinance No. 2199 New Series of the Council of the City of Bakersfield amending Section 6.30.020 of the Municipal Code, concerning the transfer of duties of City Officers to appropriate County Officers with respect to the Property Tax. Upon a motion by Councilman Medders, Ordinance No. 2199 New Series of the Council of the City of Bakersfield amending Section 6.30.020 of the Municipal Code, concerning the transfer of duties of City Officers to appropriate County Officers with Bakersfield, California, July 22, 1974 - Page 8 respect to the Property Tax, was adopted by call vote: Ayes: Councilmen Heisey, Medders, Rogers, Barton, Bleecker Noes: None Absent: None Strong, Thomas, New Series of 17.08.232, 17. Section 17.12.050 and adding Chapter 17.46 to Title Municipal Code, adding Definitions, Designating New providing Regulations for Flood Plain Zoning within adopted by the following roll call vote: Ayes: Councilmen Heisey, Medders, Rogers, Strong, Thomas, Barton, Bleecker Noes: None Absent: None New Business. Upon a motion by Councilman Medders, authorization was granted to the Purchasing Division to negotiate discount agreements with Deifel's and Parker Paints for minor items of automotive and maintenance paint and to purchase other paints and associated items on a day to day bid basis as major items are requested. First reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 10.34 to Title 10 of the Municipal Code, prohibiting the removal of Shopping Carts from the premises of business establishments furnishing same. Upon a motion by Councilman Thomas, Ordinance No. 2200 the Council of the City of Bakersfield adding Section 08.234, 17.08.236, 17.08.238, 17.08.545, amending 17 of the Zones and the City, was the following roll Adoption of Ordinance No. 2200 New Series of the Council of the City of Bakersfield adding Section 17.08.232, 17.08.234, 17.08.236, 17.08.238, 17.08.545, amending Section 17.12.050 and adding Chapter 17.46 to Title 17 of the Municipal Code, adding Defini- tions, Designating New Zones and providing Regulations for Flood Plain Zoning within the City. Bakersfield, California, July 22, 1974 - Page 9 enforcement of Some ordinance. This ordinance would prohibit the removal of shopping carts from premises and parking lots of business establishments without consent of the owners. Intent to permanently deprive the owner of the property need not be proved. Several such business establishments have requested an ordinance of this type representing that it has been successful in reducing losses in other communities. Replacement cost of these carts has risen sharply and it is felt this ordinance would help business and the consumer. discussion took place regarding the need for this After discussion, first reading was considered given an Ordinance of the Council of the City of Bakersfield adding Chapter 10.34 to Title 10 of the Municipal Code, prohibiting the removal of Shopping Carts from the premises of business establishments furnishing same. First reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 7.15 to Title 7 of the Municipal Code, concerning the business of Escorting Funeral Processions. This ordinance would establish a permit system and regulations for the business of escorting funeral processions in the City. The Police Department recommends its adoption. It has also been reviewed by the Mortuary Association. Services provided by private permittees under this ordinance would relieve the Police Department from the increasing demand for this service. Some discussion took place regarding the reason for this ordinance and Chief Price gave background information on the ordinance. After discussion, first reading was considered given an Ordinance of the Council of the City of Bakersfield adding Chapter 7.15 to Title 7 of the Municipal Code, concerning the business of Escorting Funeral Processions. Bakersfield, California, July 22, 1974 - Page 10 Hearings. This is the time set for public hearing on application of Robert K. Straus to amend the zoning boundaries from an R-1 (One Family Dwelling) Zone to an R-3-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive, Zone, affecting that certain property in the City of Bakersfield with a 572 foot frontage on the westerly side of Columbus Street and lying approximately 225 feet northerly of Christmas Tree Lane. This hearing has been duly advertised, the property posted and properly owners notified as required by law. Subject property, containing 1.84 acres, is located on the east side of Columbus Street, between Panorama Drive and Christmas Tree Lane. Both Columbus Street and Panorama Drive are developed major highways and depicted as such on the City's Streei and Highway Plan. Property north of and adjacent to, and south and adjacent to subject parcel is zoned R-3-D. Property to the rear of subject parcel is zoned R-1 and is developed with a radio station transmission tower. A maximum of 65 dwelling units would be allowed on this 1.84 acre parcel. In compliance with the California Environmental Quality Act, an environmental assessment was made and a negative declaration was posted in City Hall on May 3, 1974 The Planning Commission recommended the application of the "D" Architectural Design Overlay to the property in order to insure a compatible development with the surrounding residential neighborhood. The Planning Commission found the proposed R-3-D zoning consistent with the General Plan and Recommended approval. Mayor Hart declared the hearing open for public partici- pation. No protests or objections were received. Mr. Herb Hall representing Robert Straus, the applicant, was present in the 18 Bakersfield, California, July 22, 1974 - Page 11 audience. The public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Rogers, Ordinance No. 2201 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the westerly side of Columbus Street and lying approximately 225 feet northerly of Christmas Tree Lane and finding that such amendment is consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Heisey, Medders, Rogers, Strong, Thomas, Barton, Bleecker None Noes: Absent: None This is the time set for public hearing on Resolution of Intention No. 898 of the Council Bakersfield, declaring its intention to order the before the Council of the City of vacation of the Alley in Block 315 and a portion of 16th Street, City of Bakersfield. This hearing has been duly posted. Mayor Hart declared the hearing open for public participa- tion. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Thomas, Resolution No. 59-74 of the Council of the City of Bakersfield ordering the vacation of the Alley in Block 315 and a portion of 16th Street, City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Heisey, Medders, Rogers, Strong, Thomas, Barton, Bleecker Noes: None Absent: None This is the time set for public hearing to consider adoption of an Ordinance of the Council of the City of Bakersfield amending Section 3.16.030 of Chapter 13.16 by adding Subsection (m) Bakersfield, California, July 22, 1974 - Page 12 t9 thereto, providing for modification of the Uniform Building Code, 1970 Edition, Volume I, relating to Flood or Mud Slide Hazards. This hearing has been duly advertised. Mayor Hart declared the hearing open for public partici-- pation. No protests or objections being received, the public hearing was closed for Council deliberation and portion of the action. Upon a motion by Councilman Thomas, Ordinance No. 2202 New Series of the Council of the City of Bakersfield amending Section 13.16.030 of Chapter 13.16 by adding Subsection (m) thereto, providing for modification of the Uniform Building Code, 1970 Edition, Volume I, relating to Flood or Mud Slide Hazards, was adopted by the following roll call vote: Ayes: Councilmen Heisey, Barton, Noes: None Absent: None Council~ ad3ourned at Medders, Rogers, Strong, Thomas, Bleecker Adjournment. There being no further business to come before the upon a motion by Councilman Strong, the meeting was 10:10 P.M. MAY the C~eld, Calif. ATTEST: CITf ~h'ERK nd Ex-Off/~cio Clerk of the Council of the Ci'~ -'ty of Baker~yield, California ma Bakersfield, California, August 12, 1974 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at 8:00 P.M., August 12, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Kenneth Cragg of the Northminster Presbyterian Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Medders, Strong, Barton, Bleecker, Heisey Absent: Councilmen Rogers, Thomas Minutes of the budget session and regular meeting of July 22, 1974 were approved as presented. Scheduled Public Statements. Mrs. Edna Buster, 2009 California Avenue, read a prepared statement entitled "One Citizen's Judgment" and pertained to pay- ment of refuse collection bill. Correspondence. Upon a motion by Councilman Heisey, communication from B. L. Dickinson, 3500 Panorama Drive, stating that he would like to purchase, from the City of Bakersfield, approximately 1½ acres of land located at the southeast corner of Panorama Drive and Columbus Street, was referred to the Public Works Department for a recommendation. Upon a motion by Councilman Heisey, communication from the Planning Commission regarding the adequacy of off-street parking in the downtown area, was referred to the Business Development and Parking Committee. Council Statements. Councilman Bleecker read the following prepared state- ment: On August 7, 1974, your Governmental Efficiency and Personnel Committee, including Councilman Strong and myself, met at the request of the chairman of an organizing committee of police officers. The purpose of this meeting was to determine whether Bakersfield, California, August 12, 1974 - Page 2 or not to call for a secret ballot union election for all officers under the rank of sergeant. The GEP Committee agreed that all requirements had been met including the proper signing of 38 cards by individual officers. There was one properly signed card in excess of the minimum number required. Your committee, therefore, instructed the staff to immediately start the various procedures required under the employer-employee relations ordinance to cause an election to be held. The police officers' committee requested certification of the Kern County Employees' Association, SEIU Local 700, AFL-CIO as their bargaining agent, Mr. Randy Prevo, General Manager. This was also agreed to, subject, of course, to a successful election, whereby a police officers' association would actually come into official existence. Subsequent to your conunittee's approval of these various requests (the next morning, in fact), Mr. Prevo of the SEIU precipitated an unwarranted, malicious and inflammatory public attack upon this Council, the Chief of Police, and certain unnamed supervisors within the Police Department by alleging harassment, beatings and the like, of organizing police officers and by stating that the Council had invited the citizenry to form into vigilante committees. All of these charges and allega- tions are without merit. Why they were made and the manner in which they were so viciously perpetrated escapes me, even in wildest imagination. I can tell you, Mr. Mayor, that the :GEP Com- mittee met with Mr. Chuck Wade of the SEIU on July 22, some two weeks prior to Mr. Prevo's tirade, to look into the allegation of harass- ment within the Police Department. The full committee was there; the City Manager and top aids were there; Chief Price and Captain Miller were there. As chairman of the committee, I specifically asked Mr. Wade to give us facts and names of policemen to go along with allega- tions of harassment, but none were forthcoming. There still remained derogatory allegations only, much the same tactic Mr. Prevo has employed in his numerous press releases and statements. I want to assure you, Mr. Mayor, and to assure the people of the City of Bakersfield, the morale within the Police Department is excellent. We have a fine department with dedicated personnel from Chief Price right down to the officers who walk the beat. Nothing could be more fictitious than to elude otherwise--nothing could be more detrimental to the City than to allow Mr. Preyo's charges to go unanswered. Bakersfield, California, August 12, 1974 - Page 3 To sum it all up, Mr. Mayor, if, by secret ballot, policemen under the rank of sergeant choose to organize into an association for representation purposes, this is their right., and this right cannot and will not be taken away or diminished in any respect, but we must realize also that those who do not wish to join have the same right, and cannot and must not be intimidated or coerced by word or deed to join any organization not of their choosing. Mr. Randall Prevo, General Manager of SEIU Local 700, concurred with Councilman Bleecker by stating that the City of Bakersfield has a very fine Police Department and the Union is just asking that the election take place. Councilman Bleecker read the following communication from Joe Beckerr, Deputy District Attorney, regarding Assembly Bill 4221: AB 4221 was authored by Assemblyman Charles Warren and introduced by him May 2, 1974 and passed the Assembly August 8, 1974 and is to be sent on to the Senate for consideration. This bill will legalize the distribution and exhibition of obscene matter under limited circumstances, and this bill will also legalize obscene live entertainment under limited cir- cumstances. The significance of this bill insofar as our City is concerned is it would make lawful the activities going on in adult theaters and adult bookstores, so long as minors are excluded and other restrictions regarding notice to the public are met. Obscene live conduct can in- clude live acts of sexual intercourse, oral copulation and the like being performed on the stage. It would be appropriate for the City Council to communicate its feeling of opposition to this Assembly Bill 4221 to State Senator Stiern and to the League of:iCalifornia Cities. Upon a motion by Councilman Bleecker, seconded by Council- man Heisey, the Mayor was requested to prepare necessary communica- tions to State Senator Walter Stiern and the League of California Cities, expressing the Council's opposition to AB 4221, by the following roll call vote: Ayes: Councilmen Medders, Strong, Barton, Bleecker, Heisey Noes: None Absent: Councilmen Rogers, Thomas Bakersfield, California, August 12, 1974 - Page 4 Councilman Heisey commented on a report from the Traffic Authority regarding a traffic problem in the vicinity of Ming Avenue, Real Road and Wible Road with trucks coming off the freeway and using those streets for truck routes and moved that the Traffic Authority be instructed to make a study on the truck routes in the City of Bakersfield. This motion was unanimously approved. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 48 to 240, inclusive, in the amount of $137,175.59. (b) Application for Encroachment Permit from KBAK,TV, 2210 Chester Avenue (c) Application for Encroachment Permit from Norman P. Riley, 2705 Pomona Street. (d) Application for Encroachment Permit from Basilio Y. Yoro, 535 Beech Street. (e) Street Right of Way Deed from Sara C. O'Hare - portion of 5th Street between Myrtle Street and Pine Street. (f) Drainage Easement from Florence Morgantint and Anthony P. Cortopassi - storm drain construction in conjunction with recon- struction of Pacheco Road between South "H" Street and Union Avenue. (g) Certificate of Acceptance of Lots 21 and 22 of Block 93 in the City of Bakersfield, more commonly known as the 700 block of East 21st Street. (h) Map of Tract No. 3701 and Contract and Specifications for improvements therein - located south of Demaret Avenue to Sarazen Avenue and between New Stine Road and the Kern City Golf Course. (i) Adoption of Resolution No. 60-74 of the Council of the City of Bakersfield making finding concerning proposed Subdivision: Revised Tentative Tract 3565, located between New Stine Road and Stine Road and south of Ming Road. (j) Sale of a portion of vacated Sunset Avenue as surplus real property to J. O. Barber - located at west end of Sunset Avenue adjacent to east line of Freeway 99. 24 Bakersfield, California, August 12, 1974 - Page 5 Upon a motion by Councilman Strong, Items (a), (b), (c), (d), (e), (f), (g), (h), (i) and (j) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Medders, Strong, Barton, Bleecker, Heisey Noes: None Absent: Councilmen Rogers, Thomas Action on Bids. Upon a motion by Councilman Strong, low bid of Continental Electric Company for Modification of Traffic Signals and Street Lighting System on Baker Street between East Truxtun Avenue to the Southern Pacific Railroad, was accepted subject to written confirma- tion from the State Department of Transportation, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, low bid of Sully Miller Construction Company for construction of Belle Terrace from Stine Road to New Stine Road, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Folding Arena Chairs with Aluminum Platform-Risers - Installed. Mr. Charles Salem, representing Universal Bleacher Company, presented slides showing the advantages of the folding arena chairs with aluminum platform risers. Mr. John Laird, representing American Seating Company, demonstrated the operation of the chairs and platform. After discussion, upon a motion by Councilman Medders, bid of American Seating Company for Folding Arena Chairs with Aluminum Platforms-Risers - Installed, was accepted, the rejected and authorization was granted to transfer funds amount of $51,072.50 from Accounts Numbered 51-620-6100, and 53-510-6100 to Account Number 54-705-8300, as this the amount budgeted. Councilman Strong abstained from the motion. other bid in the 52-510-6100 item exceeds voting on Bakersfield, California', August 12, 1974 - Page 6 Upon a motion by Councilman Medders, bids of Ray Gaskin Service for Cab and Chassis and Angelus-Hell Truck Equipment Company for Vacuum Street Sweeper and Catch Basin Cleaner, were accepted and all other bids'rejected. upon a motion by Councilman Medders, bid of Gar Wood - L. A. Truck Equipment, Sweeper, was accepted Inc. for Four Wheel Diesel-Powered Street and all other bids rejected. Deferred Business. Adoption of Ordinance No. 2203 New Series of the Council of the City of Bakersfield adding Chapter 7.15 to Title 7 of the Municipal Code, concerning the business of Escorting Funeral Processions. Upon a motion by Councilman Bleecker, Ordinance No. 220:] New Series of the Council of the City of Bakersfield adding Chapter 7.15 to Title 7 of the Municipal Code, concerning Escorting Funeral Processions, was adopted by the call vote: Ayes: Noes: Absent: Ordinance: the business of following roll Councilmen Medders, Strong, Barton, Bleecker, Heisey None Councilmen Rogers, Thomas Adoption of Ordinance No. 2204 New Series of the Council of the City of Bakersfield adding~Chapter 10.34 to Title 10 of the Municipal Code, prohibiting the removalof Shopping Carts from the premises of business establishments furnishing same. The following persons spoke in favor of adopting the support Manager or person in charge to sign a complaint taking the cart. Mr. Bob Griffith, Managing Editor of the News Bulletin Mr. Dick Farmer, Save-On Drug Stores Mr. John Codd, Von's Grocery Company During discussion Councilman Bleecker stated he could the Ordinance if a clause was added requiring the Store against the person 26 Bakersfield, California, August 12, 1974 - Page 7 After a lengthy discussion it was determined that the Ordinance be adopted as written. Upon a motion by Councilman Heisey, Ordinance No. 2204 New Series of the Council of the City of Bakersfield adding Chapter 10.34 to Title 10 of the Municipal Code, prohibiting the removal of Shopping Carts from the premises furnishing same, was adopted by the Councilmen Medders, Councilman Bleecker Counc Strong, Ayes: Noes: Absent: of business establishments following roll call vote: Barton, Heisey ilmen Rogers, Thomas Adoption of Resolution No. 61-74 and Order o£ the Council of the City o£ Bakersfield calling a Special Munici- pal Election for Tuesday, November 5, 1974, for the purpose of submitting to the Electors of the City certain amendments to the Charter of the City of Bakersfield. This resolution calls and sets the date for an election for the purpose of submitting to the electors certain amendments to the Charter concerning the following matters: 1. Councilmen's salaries 2. Mayor's salary 3. Remove requirement that Police and Fire Chiefs be hired from ranks of their respective departments, and 4. Remove Department Heads and Deputy and Assistant City Manager from Civil Service, present personnel excepted. Councilman Strong made a motion to adopt Resolution and Order of the Council of the City of Bakersfield calling a Special Municipal Election for Tuesday, November 5, 1974, for the purpose of submitting to the electors of the City certain amendments to tile Charter of the City of Bakersfield. Councilman Heisey offered a substitute motion to amend the Resolution changing the Charter Amendment pertaining to the Mayor's salary to read as follows: Bakersfield, California, August 12, 1974 - Page 8 The Mayor shall devote such time as may be necessary to properly and efficiently discharge the duties of his office, and shall receive such salary as shall be prescribed by the City Council, provided such salary shall not be less than six thousand dollars ($6,000) annually. At the beginning of each fiscal year, the Council shall appropriate a sum of money, not less than fifteen hundred dollars ($1,500), sufficient for the reception and entertainment of public guests by the Mayor. Councilman Heisey's substitute motion to adopt Resolution No. 61-74 and Order Of the Council of the City of Bakersfield calling a Special Municipal Election for Tuesday, November 5, 1974, for the purpose of submitting to the Electors of the City certain amendments to the Charter of the City of Bakersfield, as amended, was adopted by the following roll call vote: Ayes: Councilmen Medders, Strong, Barton, Bleecker, Heisey Noes: None Absent: Councilmen Rogers, Thomas Adoption of Resolution No. 62-74 of the Council of the City of Bakersfield requesting the Board of Supervisors of the County of Kern to order the consolidation of a Special Municipal Election submitting to the Electors of the City certain proposed amend- ments to the City Charter, with the State of California General Election to be held on Tuesday, N~vember 5, 1974, and setting forth the exact form of'the Propositions to be voted upon at such Election as the same are to appear on the Ballot. Upon a motion by Councilman Strong, Resolution No. 62-74 of the Council of the City of Bakersfield requesting the Board of Supervisors of the County of Kern to order the consolidation of a Special Municipal Election submitting to the Electors of the City certain proposed amendments to the City Charter, with the Slate of California General Elecfion to be held Tuesday, November 5, 1974, and setting forth the exact form of the propositions to be voted upon 28 Bakersfield, California, August 12, 1974 - Page 9 at such Election as the same are to appear on the Ballot, was adopted by the following roll call vote: Ayes: Councilmen Medders, Strong, Barton, Bleecker, Heisey Noes: None Absent: Councilmen Rogers, Thomas New Business. Adoption of Emergency Ordinance No. 2205 New Series amending Section 3.16.110 by adding Subsection (C) relating to Police Organization in the Employer-Employee Relations Ordinance, and amending Subsection (i) (1) of Section 3.18.180 relative to Compensation for Holiday Pay. When the new Employer-Employee Ordinance was enacted, that portion relating to Police Organizations was inadvertently omitted. Since it was never intended to repeal the guidelines for Police Organizations, the new Section 3.16.110 (C) will restore the original intent. Section 3.18.180 (i) (1) is amended to con- form to the operation and practice of the Police Department. This action was approved by the Governmental Efficiency and Personnel Committee. Upon a motion by Councilman Bleecker, Emergency Ordinance No. 2205 New Series amending Section 3.16.110 by adding Subsection (C) relating to Police Organization in the Employer-Employee Relations Ordinance, and amending Subsection (i) (1) of Section 3.18.180 relative to Compensation for Holiday Pay, was adopted by the following roll call vote: Ayes: Councilmen Medders, Strong, Barton, Bleecker, Heisey Noes: None Absent: Councilmen Rogers, Thomas Reception of City and County Clerk's Certificates of Sufficiency of Petition requesting a Special Election to be called to submit the question of annexation of that inhabited territory designated as "Union Avenue No. 6" to the City of Bakersfield. Bakersfield, California, August 12, 1974 - Page 10 Upon a motion by Councilman Strong, City and County Clerk's Certificates of Sufficiency of Petition requesting a Special Election to be called to submit the question of annexation of that inhabited territory designated as "Union Avenue No. 6" to the City of Bakersfield, was received and ordered placed on file. Adoption of Resolution No. 63-74 of the Council of the City of Bakersfield declaring its intention to call a Special Election in certain inhabited territory contiguous to said City pro- posed to be annexed thereto, for the purpose of submitting to the qualified electors residing in said territory the question whether said territory shall be annexed to the City of Bakers- field, and fixing a time and place when and where any person owning real property within such territory may appear before said Council and show cause why such territory should not be so annexed. Upon a motion by Councilman Barton, Resolution No. 63-74 of the Council of the City of Bakersfield declaring its intention to call a Special Election in certain inhabited territory contiguous to said City proposed~ to be annexed thereto, for the purpose of submitting to the qualified electors residing in said territory the question whether said territory shall be annexed to the City of Bakersfield, and fixing Monday, September 16, 1974 at 8:00 P.M., in the Council Chambers of City Hall as the time and place when and where any person owning real property within.such territory may appear before said Council and show cause why such territory should not be so annexed, was adopted by the following roll call vote: Councilmen Medders, Strong, Barton, Bleecker, Heisey None Councilmen Rogers, Thomas Adoption of Resolution No. 64-74 of the Council of the City of Bakersfield ratifying base rental for that certain Lease Agreement dated as of August 1, 1974 for the "K" Street Parking Garage. Upon a motion by Councilman Medders, Resolution No. 64-74 the Council of the City of Bakersfield ratifying base rental for Ayes: Noes: Absent: of Bakersfield, California, August 12, 1974 - Page ll that certain Lease Agreement dated as of August 1, 1974 for the "K" Street Parking Garage, was adopted' by the following roll call vote: Ayes: Noes: Absent: Councilmen Medders; Strong, Barton, Bleecker, Heisey None Councilmen Rogers, Thomas Approval of Contract between the City of Bakersfield and the Greater Bakers- field Chamber of Commerce for the- service of advertising the City and promoting the Industrial Development of the City. Upon a motion by Councilman Medders, Contract between the City of Bakersfield and the Greater Bakersfield Chamber of Commerce for the service of advertising the City and Industrial authorized Development of the City, was approved and tO execute same. Approval of Contract between the City of Bakersfield and the Greater Bakers- field Chamber of Commerce providing for the operation of a Convention Bureau. Upon a motion the Commerce providing for approved and the Mayor City of Bakersfield promoting the the Mayor was by Councilman Medders, Contract between and the Greater Bakersfield Chamber of the operation of a Convention Bureau, was Approval property 16th and Upon a motion was authorized to execute same. of Purchase Contract for at the northeast corner of "P" Streets. by Councilman Medders, Purchase Contract of 16th and "P" Streets to be approved for property at the northeast corner used as a storage facility for the Civic Auditorium, was and the Mayor was authorized to execute same. Approval of Agreement between Pacific Gas and Electric Company and the City of Bakersfield to install Electric Service Riser on Pacific owned pole. Upon a motion by Councilman Medders, Agreement between Pacific Gas and Electric Company and the City of Bakersfield for installation of Electric Service Riser on Pacific owned pole, was approved and the Mayor was authorized to execute same. Bakersfield, California, August 12, 1974 - Page 12 Approval of Utilities Agreement with the State of California Department of Transportation. Upon a motion by Councilman Medders, Utilities Agreement with the State of California Department of Transportation providing for relocation of City Fire Alarm Facilities in conjunction with State Route 58 Freeway construction, was approved and the Mayor was authorized to execute same. Certification of Environmental Evaluation for the construction of New Police Facility~ At a public hearing held August 7, 1974, the Planning Commission certified the Environmental Impact Report for the con- struction of a new Police Facility as complete in accordance with the California Environmental Quality Act of 1970 and City Guide- lines for evaluation and preparation of environmental documents. After discussion, upon a motion by Councilman Medders, Environmental Evaluation for the construction of the new Police Facility, was certified. Deferral of Certification of Environ- mental Evaluation for the Bakersfield Sub-Regional Wastewater Management Plan. At a public hearing held July 17, 1974, the Planning Commission certified the Environmental Impact Report on the Bakersfield Sub-Regional Wastewater Management Plan as complete in.:accordance with the California Environmental Quality Act of 1970 and the City Guidelines for evaluation and preparation of environmental documents. Upon a motion by Councilman Medders, Certification of Environmental Evaluation for the Bakersfield Sub-Regional Waste- water Management Plan, was deferred until the Council meeting of August 26, 1974. 32 Bakersfield, California, August 12, 1974 - Page 13 Hearings. This is the time set for public hearing before the Council on Resolution of Intention No. 894 of the Council of the City of Bakersfield, California, declaring its intention to order the construction and installation of required curbs and gutters, sidewalks, driveway approaches and alley returns in proposed Public Improvement District No. 894; describing the District to be bene- fitted by said work and to be assessed to pay the cost and expense thereof; determining that Bonds will be issued to represent assess- ments to be levied; and fixing the time and place for hearing protest and objection to said work or the extent of the District to be assessed or both and giving Notice thereof. This hearing has been duly published and notices sent to all property owners within the area. Two written protests were filed in the City Clerk's office prior to the hearing. 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 Strong, Resolution No. 65-7.1 of the Council of the City of Bakersfield ordering the work in Public Improvement District No. 894, and directing the City Clerk to post and publish Notice Inviting Bids therefor, was adopted by the following roll call vote: Ayes: Councilmen Medders, Strong, Barton, Bleecker, Heisey Noes: None Absent: Councilmen Rogers, Thomas Upon a motion by Councilman Strong, Resolution No. 66-74 of the Council of the City of Bakersfield ascertaining and deter- mining the General Prevailing Rate of Per Diem Wages and General Prevailing Rate for Legal Holidays and Overtime Work to be paid Bakersfield, California, August 12, 1974 - Page 14 in the matter of Public. Improvement District No. 894, was adopted by the following roll call vote: ~ Ayes: Bleecker, Heisey Councilmen Medders, Strong, Barton, None Councilmen Rogers, Thomas Adjournment. There being no further business to come before the upon a motion by Councilman Medders, the meeting was 9:40 P.M. Noes: Absent: Council, adjourned at MA of t~~~~~1 y of Bakersfield, ATTEST: RK'~fnd E~Officio Clerk of the Council ity of a~ersfield, California ma Calif. Bakersfield, California, August 26, 1974 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at 8:00 P.M., August 26, 1974. The meeting was called to order by Vice-Mayor Walter F. Heisey followed by the Pledge of Allegiance and Invocation by the Reverend D. V. C. Black of St. Marks United Methodist Church. The City Clerk called the roll as follows: Present: Councilmen Rogers, Strong, Thomas, Barton (seated at 8:10 P.M.), Heisey, Medders Absent: Mayor Hart, Councilman Bleecker Minutes of the regular meeting of August 12, 1974 were approved as presented. Correspondence. Upon a motion by Councilman Medders, communication from the Bakersfield City Employees' Association extending a vote of "thanks" to the Council for final decision and outcome of salary discussions and upholding the results of the Arthur D. Little report, was received and ordered placed on file. The following communication was received from the California Highway Commission: Dear Mayor Hart: Your letter of July 24, 1974 requested con- sideration of additional ramps at Mr. Vernon Avenue and State Highway Route 178 in your City. Mr. R. H. Ramey, District Director of Trans- portation in Fresno, is responsible for State highways in your area. He has been asked to meet with you and the City staff and prepare a report on this matter. Sincerely, Robert W. Boles Executive Secretary Upon a motion by Councilman Rogers, communication from the California Highway Commission regarding ramps at Mr. Vernon Avenue and State Highway Route 178, was received and referred to the staff for action. Bakersfield, California, August 26, 1974 - Page 2 Reports. Councilman Rogers, member of the Governmental Efficiency and Personnel Committee, read a report regarding Administrative Aide, as follows: On November 13, 1973, the Governmental Efficiency and Personnel Committee met with the staff concerning reorganization of the Police Department. One of the recommendations involved salary level for Administrative Aide. Since there are only two Administrative Aides in the City, the office of the City Manager and Chief of Police, it was determined that both positions should be considered at the same time. At that time the committee tenta- tively agreed to a proposed salary level with a top of $1,050 per month. Since all other recommendations at that time dealt with the sworn personnel of the Police Department, it was determined that the salary adjustment of the Administrative Aide would be deferred until regular budget session. Due to the press of activities during the budget considerations, the staff neglected to bring this to the attention of the committee at the proper time. Inasmuch as this was tentatively agreed upon by the committee in November, we recommend the Council approve the salary of $859 - $1,047 for Administrative Aide. Upon a motion by Councilman Rogers, report of the Governmental Efficiency and Personnel Committee regarding salary for Administrative Aide, was approved. Adoption of Resolution No. 70-74 of the Council of the City of Bakers- field amending Resolution No. 58-74, setting Salaries and related Benefits for Officers and Employees of the City of Bakersfield. Upon a motion by Councilman Rogers, Resolution No. 70-74 of the Council of the City of Bakersfield amending Resolution No. 58-74, setting Salaries and related Benefits for Officers and Employees of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Strong, Thomas, Heisey, Medders Noes: None Absent: Councilmen Barton, Bleecker 36 Bakersfield, California, August 26, 1974 - Page 3 Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 241 to 437, inclusive, in the amount of $377,466.14. (b) (c) (d) (e) Upon (d) and (e) of roll call vote: Ayes: Noes: Absent: Claim for damages (wrongful death) from Nicole Ayana Curry, 1419 East 18th Street. (Refer to City Attorney) Street Right-of-Way Deeds from Southern Baptist Church and Helen L. LaVigne, et al - provides a portion of right-of-way required for construction of Piper Way between Auburn Street and Highland High School property. Plans and Specifications for construction of Piper Way and the improvement of Auburn Street, 100 feet east of Eissler Street to Piper Way. Plans and Specifications for construction of landscaped traffic barriers in the Downtown Parking Nall. a motion by Councilman Strong, Items (a), (b), (c), the Consent Calendar, were adopted by the following Councilmen Rogers, None Councilmen Barton, Strong, Thomas, Heisey, Medders Bleecker Action on Bids. Upon a motion by Councilman Medders, low bid of Cal-Rock, Inc. for Annual Contract - Select Road Naterials, was accepted, the other bid rejected and the Nayor was authorized to execute the contract. Upon a motion by Councilman Nedders, low bid of Ellis Equipment Company, Inc. for Turf Tractor, was accepted and all other bids rejected. Upon a motion by Councilman Nedders, low bid of Haberfelde Ford Co. for 5 Economy Pickups, was accepted and all other bids rejected. Upon a motion by Councilman Nedders, low bid of American LaFrance for 1500 GPN Fire Pumper, was accepted and the other bid rejected. Bakersfield, California, August 26, 1974 - Page 4 Upon a motion by Councilman Medders, low bid of Clow Corporation for Fire Hydrants, was accepted, the other bids rejected and authorization granted to transfer funds in the amount of $4,508.64 from the Council's Contingency Account to the Fire Department's Fire Hydrant Account in order to purchase these items as the low bid was over the budget estimate. Automatic Pistols, Holsters, etc. for Police Department less trade-in or surplus sale of 38 caliber guns and holsters. Captain Ed Miller of the Police Department demonstrated the advantages and safety features of the new Smith & Wesson, Model 59, 9 mm. Semi-Automatic Pistol and explained the reason for the increased cost of leather holsters, which are being purchased for the Police Department. Upon a motion by Councilman Medders, bid of California Electronic Police Equipment Co. for Automatic Pistols and Leather and sale of used 38 caliber guns and holsters to Saba's, was accepted and all other bids rejected. Deferred Business. Certification of Environmental Evalua- tion for the Bakersfield Sub-Regional Wastewater Management Plan. At a public hearing held July 17, 1974, the Planning Commission certified the Environmental Impact Report on the Bakers-- field Sub-Regional Wastewater Management Plan as complete in accordance with the California Environmental Quality Act of 1970 and the City Guidelines for evaluation and preparation of environ- mental documents. Upon a motion by Councilman Thomas, Environmental Evaluation for the Bakersfield Sub-Regional Wastewater Management Plan, was certified. Bakersfield, California, August 26, 1974 - Page 5 New Business. Adoption of Ordinance No. 2206 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 1, 1974 and ending June 30, 1975. The City's tax rate for Fiscal Year 1974-75 will remain the same as Fiscal Year 1973-74, General Tax Rate of $2.3023 and Bond Tax Rate of $.3196. Upon a motion by Councilman Medders, Ordinance No. 2206 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, 1974 and ending June 30, 1975, was roll call vote: Ayes: Councilmen Rogers~ Strong, Thomas, Barton, Heisey~ Medders Noes: None Absent: Councilman Bleecker Adoption of Resolution No. 67-74 of the Council of the City of Bakers- field increasing the compensation to private refuse collector under Contract No. 65-72, effective August 1, 1974. Contract No. 65-72 with Consolidated Waste Removal Division, Darling, Delaware Company, Inc., requires the City to review the compensation agreed to be paid the contractor on the basis of the Consumer Price Index. The Public Works Department has made the required review and on that basis recommends the compensation payable to the contractor be increased by 16.5% of the gross amount as calculated under the terms of the contract. After discussion, upon a motion by Councilman Medders, Resolution No. 67-74 of the Council of the City of B~kersfield increasing the compensation to private refuse collector under adopted by the following Bakersfield, California, August 26, 1974 - Page 6 Contract No. 65-72, effective August 1, 1974, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Thomas, Barton, Heisey, Medders Noes: None Absent Councilman Bleecker Abstaining: Councilman Strong Adoption of Resolution No. 68-74 of the Council of the City of Bakersfield fixing a time and place for hearing protests by persons owning real pro- perty within territory designated as "Akers No. 2," proposed to be annexed to the City of Bakersfield. Upon a motion by Councilman Thomas, Resolution No. 68-74 of the Council of the City of Bakersfield setting October 7, 1974, in the Council Chambers of the City Hall as the time and place for hearing protests by persons owning real property within territory designated as "Akers No. 2," proposed to be annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Strong, Thomas, Barton, Heisey, Medders Noes: None Absent: Councilman Bleecker Adoption of Resolution No. 69-74 of Intention to include within the Greater Bakersfield Separation of Grade District territory designated as "Akers No. 2," and setting the time and place for hearing objections to the inclusion of said territory within said District. Upon a motion by Councilman Thomas, Resolution No. 69-74 of Intention to include within the Greater Bakersfield Separation of Grade District territory designated as "Akers No. 2," and setting October 7, 1974, in the Council Chambers of the City Hall, as the time and place for hearing objections to the inclusion of said territory within said District, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Strong, Thomas, Barton, Heisey, Medders Noes: None Absent: Councilman Bleecker Bakersfield, California, August 26, 1974 - Page 7 proposed amendment to County Auditor-Controller authorized to add Delinquent Building Demolition Assessment to the 1974-75 Secured Tax Roll. Upon a motion by Councilman Barton, the County Auditor- Controller was authorized to add Delinquent Building Demolition Assessments levied during the Fiscal Year ending June 30, 1974, as part of the 1974-75 Secured Tax Roll. County Auditor-Controller authorized to add Delinquent Weed Abatement Assessments to the 1974-75 Secured Tax Roll. Upon a motion by Councilman Medders, the County Auditor- Controller was authorized to add Delinquent Weed Abatement Assess- ments levied during the Fiscal Year ending June 30, 1974, to the 1974-75 Secured Tax Roll. Hearings. This is the time set for public hearing on application of J. F. Dandy to amend the zoning boundaries from an R-1 (One Family Dwelling) Zone to a C-1-D (Limited Commercial - Architectural Design), or more restrictive, Zone, that certain property in the City of Bakersfield located south of Wilson Road and east of New Stine Road. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. Subject property contains 11,102 square feet, is tri- angular shaped, and is located between properties presently zoned C-1-D. The size, shape and location of subject parcel does not lend itself to residential development. In compliance with the California Environmental Quality Act, an environmental assessment was made and a negative declaration was posted in City Hall on July 24, 1974. The Planning Commission was of the opinion that the the Zoning Ordinance is compatible with the Bakersfield, California, August 26, 1974 - Page 8 objectives, policies, general land uses and programs specified in the General Plan and recommended approval of the zone change. Vice-Mayor Heisey declared the hearing open for public participation. No protests or objections were received. Mr. James F. Dandy, the applicant, was present and answered questions of the Council. The public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Thomas, Ordinance No. 2207 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located south of Wilson Road and east of New Stine Road and finding that such amendment is consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Noes: None Absent: Strong, Thomas, Barton, Heisey, Medders holidays, Meeting will be held on Admission Day, September 9, is no longer a City holiday. Adjournment. There being no further business to come Council, upon a motion by Councilman Thomas, adjourned at 8:45 P.M. Councilman Bleecker City Manager Bergen stated that due to the exchange of Admission Day for the day after Thanksgiving, a Council 1974, which before the the meeting was VI~2E-MAYOR of the Ci~ Bakersfield, Calif. ATTEST: ma 42 Bakersfield, California, September 9, 1974 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at 8:00 P.M., September 9, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Walter F. Heisey. The City Clerk called the roll Mayor Hart. Councilmen Strong, Heisey, None Present: Absent: Minutes of the regular meeting of August 26, approved as presented. an "Regionalism - And Where We Stand" by Mrs. Tuesday, September 17, 1974 at 8:00 P. M , Gallery Room. Mr. Jack Winter, 206 Pacific Street, as follows: Thomas, Barton, Medders, Rogers Bleecker, 1974 were Scheduled Public Statements. Mrs. Elizabeth Van Alstyne, 1640 Olive Street, extended invitation to the Mayor and Council to attend a lecture on Bernadine Smith on at the Bakersfield Inn, requested the Council to put the matter of selling water to the Department of Water and Power in Los Angeles on the ballot for the people to decide. Correspondence. Upon a motion by Councilman Heisey, communication from R. H. Ramey, District Director of the State Department of Trans- portation, regarding the addition of ramps at Mr. Vernon Avenue and Route 178, was received and State Highway Commissioner Kenneth Vetter will be consulted for a recommendation on appropriate action that the City could take. Upon a motion by Councilman Heisey, communication and Financial Report for year ending June 30, 1974 from Ivo S. Keyset, General Manager of Golden Empire Transit District, was received and ordered placed on file. Bakersfield, California, September 9, 1974 - Page 2 Council Statements, Councilman Rogers read a letter from Mr. Nathan Krevitz requesting that he read an enclosed article from a Long Beach newspaper dated August 27, 1974 entitled "Judge Bans Downtown Tax." Councilman Heisey suggested that a copy of the letter and article be furnished to the City Attorney and Business Development and Parking Committee. Councilman Thomas requested the staff to check with the County of Kern and investigate the possibility of installing a traffic signal at the intersection of Ming Avenue and South "P" Street. Councilman Barton announced that the Business Development and Parking Committee will be holding a public meeting on Wednesday, September 11, 1974 at 4:30 P.M. in City Hall, for the purpose of gathering information from various City Departments on parking in the downtown area Reports. City Attorney Hoagland reported that been the subject of a Civil Rights Action filed Court of Appeals. The City has not been served, been reliably informed that this will take place in the lawsuit are twelve ranking Police Officers, City Manager, City Attorney, Deputy City Attorney, Police Department Civil Service Commissioners and the Hearing Officer on the present Civil Service trial taking place at this punitive damages are being person. the City has recently in the U.S. District as yet, but has tomorrow. Named Mr. Hoagland requested the Council to appoint Mr. Robert Flandrick of the firm of Martin and Flandrick, Attorneys at Law, to assist in this particular lawsuit. Mr. Flandrick has had vast experience in this type of lawsuit and in the U.S. District Court matters. time against two Police Officers and asked in the amount of $25,000.00 per 44 Bakersfield, California, September 9, 1974 - Page 3 Councilman Heisey moved that City Attorney Hoagland be authorized to engage the services of Mr. Robert Flandrick, Attorney, to assist in the Civil Rights Action filed in the U. S. District Court of Appeals. Councilman Strong asked if there was any way of antici- pating the cost of this representation. City Attorney Hoagland stated he could not anticipate the number of pleas that will have to be gone through before the City is clear of this suit, but a rough estimate would be $4,000.00 to $5,000.00. Councilman Heisey's motion that the City Attorney be authorized to engage the services of Mr. Robert Flandrick, Attorney, to assist in the Civil Rights Action filed in the U. S. District Court of Appeals, was approved by the Following roll call vote: Ayes: Councilmen Thomas, Barton, Bleecker, Heisey, Medders, Rogers Noes: Councilman Strong Absent: None Consent Calendar. The following item was listed on the Consent Calendar: (a) Allowance of Claims Nos. 438 to 567, inclusive, in the amount of $102,259.90. Upon a motion by Councilman Strong, Item (a) of the Consent Calendar, was adopted by the following roll call vote: Ayes: Councilmen Strong, Thomas, Barton, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None Action on Bids. Upon a motion by Councilman Medders, usual bidding requirements were dispensed with, in accordance with Section 5.20.060 of the Municipal Code, and bid of Motorola Communications and Electronics for Radio Pagers for the Police Department, was accepted. Bakersfield, California, September 9, 1974 - Page 4 Upon a motion by Councilman Medders, Wire and Cable for Conductor Cable replacement ment, was accepted and the other bid rejected. Upon a motion by Councilman Medders, low bid of Layton Manufacturing Company for Tow Type Track Paver~ was accepted and all other bids rejected. New Business. Adoption of Resolution No. 71-74 of the Council of the City of Bakersfield authorizing and directing the Mayor to execute on behalf of the City an Agree- ment between the Stale Department of Finance and the City of Bakersfield, relating to preparation of a population Estimate. After discussion, upon a motion by Councilman Medders, Resolution No. 71-74 of the Council of the City of Bakersfield authorizing and directing the Mayor to execute on behal£ of the Ciiy an Agreement between the State Department of Finance and the City of Bakersfield, relating fo preparation of a Population Estimate, was adopted by the following roll call vote: Councilmen Strong, Thomas, Barton, Bleecker, Heisey, Medders, Rogers Ayes: Noes: Absent: None None Approval of Rental Agreement between the City of Bakersfield and Martin Davis and Hyman Davis for rental of certain property described as Lot 5 of Block 307 low bid of Universal for the Fire Depart- for storage of materials. The owners would like to use the building until November 1, 1974 and the Auditorium Manager has no use for the premises until after that date, so this is for that period of time. Upon a motion by Councilman Medders, between the City of Bakersfield and Martin Davis and for rental of certain property described as Lot 5 of was approved and the Mayor was authorized to execute a rental agreement Rental Agreement Hyman Davis Block 307, same. This is the building purchased for the Civic Auditorium Bakersfield, California, September 9, 1974 - Page 5 Councilman Bleecker read a summary of a meeting held on August 21, 1974 in City Hall for the purpose of attempting to reach a solution to the noxious odors in the western part of the City, as follows: On August 21, 1974, a hearing was held at City Hall with representatives of the Sabre Oil and Refining Company. This hearing was called for the purposes of attempting to reach a solution to the noxious odors which have been emanating from the Sabre Oil operations, located in the County, and permeating the City of Bakersfield. Those present at the hearing were: Mr. Douglas Johnson, Plant Manager of Sabre Oil and Mr. Jerry Dingman, Operations Manager of Sabre Oil; Mr. Citron Toy, Supervisor, Air Quality Control; Mr. Calvin A. Bidwell, Director of Public Works, and Mr. Richard J. Oberholzer, Deputy City Attorney. Representatives from the Sabre Oil Company informed the City of Bakersfield that the odors were caused by a low-grade, contaminated supply of crude oil that is being stored in open holding ponds. This crude oil is of a quality not normally used by Sabre Oil, and was allegedly received without their knowledge of its contami- nation. Representatives of Sabre Oil indicated that the contract with the supplier of this crude oil was cancelled as a result of the complaint by the City of Bakersfield. Mr. Johnson and Mr. Dingman appeared to be especially cooperative in their desire to control and eliminate odors from their operations. Mr. Citron Toy indicated that his office is engaged in a continuing investigation of the operations at Sabre Oil and Refining Company. He also indicated that the investigation of local air polluters included operations other than that at Sabre Oil. Of special concern to Mr. Toy's department is the San Joaquin Refinery. Mr. Toy indicated that this refinery may be another source of the noxious odors which are entering the City neighborhoods. The following agreement was made at the conclusion of the meeting: 1 The Air Pollution Control District will continue its investigation and evaluation of the operations at Sabre Oil Company. 2. Sabre Oil Company will assure that future deliveries of crude oil are not contaminated. A chemical providing a masking odor will be tested by Sabre Oil Company as a short-term solution to control the emissions of the contaminated crude which is being dissipated at this time. Bakersfield, California, September 9, 1974 Page 6 47 4. Sabre Oil Company and the Air Pollution Control District will continue to meet and reach resolutions of other potential odor- emitting problems at the Sabre Oil Plant. 5. The Air Pollution Control District will continue to conduct investigations to determine other sources of odors, including the close observation of operations at the San Joaquin Refinery. Councilman Bleecker stated that he was not present at this meeting but it would appear that it served a very good purpose and might alert some companies who have certain problems along these lines that the people in the City are interested and are going to make every effort to see that some controls are made. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Medders, the meeting was adjourned at 8:40 P.M. ATTEST: CITY Ex-Offi~io Clerk of the of th~ City of Bakers~eld, California Council 48 Bakersfield, California, September 16, 1974 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., September 16, 1974. The meeting was called to order by Mayor Hart followed of Allegiance and Invocation by Councilman Donald A. by the Pledge Rogers. The Present: Mayor Hart. 8:15 P. M.), Absent: None City Clerk called the roll as follows: Councilmen Thomas, Barton (seated at Bleecker, Heisey, Medders, Rogers, Strong Minutes of the regular meeting of September 9, 1974 were approved as presented. Scheduled Public Statements. Mr. Fred Gifford, 5012 College Avenue, presented the Y.M.C.A. Indian Guides and Princesses and acquainted the Council with their program. Mr. Duane Goff addressed the Council regarding an incident which took place Sunday, September 15, 1974, at the intersection of Height and Berger Streets and during the melee an 18 year old was killed and several persons injured by a Bakersfield Police Officer. Mr. Rueben Imperial, representing Chicanos Unidos for Progress, requested the Council to ask the Attorney General's office to investigate the circumstances and actual facts surrounding the incident which occurred Sunday, September 15, 1974. Correspondence. Upon a motion by Councilman Medders, communication from Bakersfield Sandstone Brick Company requesting that the City abandon its easement for utility purposes in both the former alley in Block 144 and the former portion of Eureka Street which transverses theJLr property, was received and referred to the Planning Commission. Councilman Heisey abstained from voting on this motion. Bakersfield, California, September 16, 1974 - Page 2 49. Upon a motion by Councilman Heisey, communication from Estal G. Starr, 235 Irene Street, suggesting that where there are no alleys that garbage be placed at the curb for pickup, was received and referred to the Public Works Department. Council Statements. Councilman Thomas introduced a Government Class from West High School that was present in the audience. Reports. Councilman Medders, Chairman of the Budget Review and Finance Committee, reported on engaging the services of an Auditor for HUD Projects, as follows: Audits are required for HUD Grants on the Storm Drain Systems in the Mayflower Project and Highway 58. The City checked with three Certified Public Accountant firms and the fees quoted for this audit are as follows: Book and Bailey $1,800.00 DanielIs, Phillips, Garner and Vaughan $1,500.00 Elmer Fox and Co. $ 900.00 Upon a motion by Councilman Medders, the firm of Elmer Fox and Company was engaged to perform the Audit for the HUD Projects. Councilman Medders, Chairman of the Budget Review and Finance Committee, read a report regarding Acceleration in Altera- tions to Old and New Computer Quarters, as follows: The City Council's decision to form a Redevelop- ment Department and to expand the City Manager's Office in accordance with the Arthur D. Little recommendation, has made it necessary to change the location of our computer room. The City's computer section is being moved from the first floor of City Hall to the basement. The new basement facilities must be made ready by September 20, the date thai the City's new computer is to be shipped from the factory. The old computer room must also be revamped so that it can be used for office space needed by the Personnel Division and the City Clerk Division of the City Manager's Office until such time as the new upper floor of the West wing of City Hall is completed. We had originally 5O Bakersfield, California, September 16, 1974 - Page 3 budgeted $7,500 for building alterations in this year's budget and $5,000 for air condi- tioning in next year's budget to finance the necessary changes in the new computer facilities. An insufficient amount, however, was budgeted for the revamping of the old computer room because a final decision regarding the exact requirements had not been made at budget time. Adjustments and some accelerafion in our facility alterations will now require some adjustments in the City's 1974-75 budget. The $5,000 air conditioning changes planned for 1975-76 are requested to be moved forward to this year's budget and reduced to only $3,400. The amount of $6,000 is requested to be added to this year's budget to change the old computer facilities back to office space. The additional amount of $1,200 is also requested for programming costs. The City's computer consultant estimates that his program time will exceed that presently projected; the primary reason being changes in the City's payroll programs made necessary by policy changes resulting from this year's salary negotiations and by under-estimates made by the complexity and sophistication of the City's present computer programs which had to be re- programmed for the new computer. In summary, a total of $10,600 would have to transferred from the Council's contingency account to the following accounts: be 11-520-7100 11-532-4100 11-532-7100 11-660-1100 $ 1,500 1,200 3,400 4,500 $10,600 Total Upon a motion by Councilman Medders, transfer of funds in the amount of $10,600.00 from the Council's Contingency Accoun-t to Account Numbers 11-520-7100, 11-532-4100, 11-532-7100 and 11-660-1100, to provide for the acceleration in alterations to the old and new computer quarters and for an increase in the Computer Programming Consultants' fees, was approved. Consent Calendar. The following items were listed on the Consent Calendar:: (a) Allowance of Claims Nos. 568 to 626, inclusive, in the amount of $105,078.85. (b) Application for Encroachment Permit from Robert Fisher Company. Bakersfield, California, September 16, 1974 - Page 4 (c) (d) Upon and (d) of the roll call vote: Ayes: Notice of Completion and Acceptance of Work for the construction of Automatic Sprinkler System at Grissom Park - Contract No. 74-61 with Kern Sprinkler System. Notice of Completion and Acceptance of Work for resurfacing of Pierce Road between Rosedale Highway and Calloway Canal Bridge - Contract No. 74-69 with Griffith Company. a motion by Councilman Strong, Items (a), Consent Calendar, were approved by the (b) , (c) following Councilmen Thomas, Barton, Bleecker, Heisey, Medders, Rogers, Strong Noes: None Absent: None Action on Bids. Upon a motion by Councilman Medders, low bid of A-1 Battery Co. for Annual Contract - Automotive Type Batteries, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Heisey, usual bidding require- ments were dispensed with, in accordance with Section 5.20.060 of the Municipal Code, and bid of Termant Company for Industrial Sweeper-Floor Scrubber Machine, was accepted and authorization granted to transfer funds in the amount of $1,443.58 from the Council's Contingency Account to the Public Works Equipment Account in order to purchase this item as the bid was over the budget estimate. Structural Steel Work for City of Bakers- field Police Building. Mr. Robert Stuhr, Architect for the new Police Building, explained the bid for the Structural Steel Work. After discussion, upon a motion by Councilman Medders, low bid of Riverside Steel Co. for Structural Steel Work for the City of Bakersfield's new Police Building, was accepted, all other bids rejected and the Mayor was authorized to execute the confract. 52 Bakersfield, California, September 16, 1974 - Page 5 Upon a motion by Councilman Medders, low bid of Stewart Electric Supply for Auditorium Stage Lighting Equipment, was accepted and all other bids rejected. Upon a motion by Councilman Medders, low bid of Filbert Co. for Auditorium Long Throw Spotlights, was accepted and all other bids rejected. New Business. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.27.026 of Title 17 of the Municipal Code by adding Item 9 as a Use subject to Conditional Use Permit in the C-2 Zone. This Ordinance, recommended by the Planning Commission, would require a Conditional Use Permit for the following use in a C-2 Zone: Item 9: Bakeries and bakery distribution centers and facilities when in connection with retail sales of bakery goods. After discussion, first reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.27.026 of Title 17 of the Municipal Code by adding Item 9 as a Use subject to Conditional Use Permit in the C-2 Zone. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.56.020 of Title 17 of the Municipal Code providing for Automobile Off-Street Parking Requirements. This Ordinance, recommended by the Planning Commission, would change requirements for Off-Street Parking as follows: Present Requirements Proposed Requirements Banks and General Banks & Savings Offices: 1 space per & Loans: 1 space per 300 sq. ft. 300 sq. ft. Medical Offices: 1 space per 200 sq. ft. General Offices: 1 space per 200 sq. ft. Medical & Dental Offices: 1 space per 150 sq. ft. Bakersfield, California, September 16, 1974 - Page 6 After discussion, Councilman Barton moved that first reading of the Ordinance amending Section 17.56.020 of Title 17 of the Municipal Code providing for Automobile Off-Street Parking Requirements, be continued until the Council meeting of September 23, 1974. Councilman Bleecker offered a substitute motion that this Ordinance be referred to the Business Development and Parking Committee for further study. Councilman Barton stated that the Business Development and Parking Committee is the proper place to study parking problems, especially in the downtown area and withdrew his motion. Councilman Bleecker's motion to refer the Ordinance amending Section 17.56.020 of Title 17 of the Municipal Code pro- viding for Automobile Off-Street Parking Requirements, to the Business Development and Parking Committee for further study, was unanimously approved. Councilman Bleecker requested the staff, in the future, to refer matters regarding parking to the Business Development and Parking Committee before it comes before the Council. Adoption of Resolution No. 72-74 of the Council of the City of Bakersfield authorizing examination of Sales and Use Tax Records. Upon a motion by Councilman Bleecker, Resolution No. 72--74 of the Council of the City of Bakersfield authorizing examination of Sales and Use Tax Records, was adopted by the following roll call vote: Ayes: Councilmen Thomas, Rogers, Noes: None Absent: None Barton, Bleecker, Heisey, Medders, Strong Bakersfield, California, September 16, 1974 - Page 7 Approval of Contract with Rutan and Tucker, Bond Counsel, in regards to the acquisition of Tenneco Water Rights and Appurtenances. Councilman Barton stated that the City is spending Bond money without a Bond and it for the Council to authorize expenditures without a authorize will come talking about may be a little premature or enter into a contract Bond. City Attorney Hoagland stated the expenditure of any money. out of the ultimate sale of the Bonds, this contract will not The payment to Bond Counsel it will not come out of the general treasury of the City. Bonds cannot be sold without Bond Counsel and if the City does not have a Bond the Bond Counsel cannot be paid. Councilman Barton stated that the City is in litigation and he is very reluctant to enter into contractural arrangements with anyone. Upon a motion by Councilman Rogers, Contract with Rutan and Tucker, Bond Counsel, in regards to the acquisition of Tenneco Water Rights and Appurtenances, was approved and the Mayor was authorized to execute same. Councilman Barton voted in the negative on this motion. Adoption of Resolution No. 73-74 of the City Council of the City of Bakersfield consenting to a Joint Public Hearing on proposed amendments to the Redevelopment Plan for the Downtown Bakersfield Redevelopment Project and the Draft Environmental Impact Report; authorizing the establishment of date therefor; and publication of Notice of Joint Public Hearing. This Resolution is necessary pursuant to the California Community Redevelopment Law to permit a joint public hearing by the City Council and Redevelopment Agency on the proposed amendments of the Redevelopment Plan and Draft Environmental Impact Report. A tentative date for this joint meeting has been suggested for October 28, 1974. Bakersfield, California, September 16, 1974 - Page 8 Upon a motion by Councilman Thomas, Resolution No. 73-74 of the City Council of the City of Bakersfield consenting to a Joint Public Hearing on proposed amendments to the Redevelopment Plan for the Downtown Bakersfield Redevelopment Project and the Draft Environmental Impact Report; authorizing the establishment Public Hearing, of date therefor; and publication of Notice of was adopted by the following roll call Joint vote: Bleecker, Heisey, Ayes: Councilmen Thomas, Barton, Rogers, Strong Noes: None Absent: None Medders, Adoption of Resolution No. 74-74 of the City Council of the City of Bakers- field determining that a substantial number of Low- and Moderate-Income Families are not to be displaced by the Downtown Bakersfield Redevelopment Project (as presently existing and as proposed to be expanded). The California Community Redevelopment Law requires consultation with residents in redevelopment areas where a sub- stantial number of low and moderate income families reside. However, in this case there are less than ten which is far less than a substantial number of such families; therefore, no project area committee need be formally established. Nevertheless, the Agency will send notices to these few residents and will consult with those persons concerned. Upon a motion by Councilman Thomas, Resolution No. 74-74 of the City Council of the City of Bakersfield determining that a substantial number of Low- and Moderate-Income Families are not to be displaced by the Downtown Bakersfield Redevelopment Project (as presently existing and as proposed to be expanded), was adopted by the following roll call vote: Ayes: Councilmen Thomas, Rogers, Noes: None Absent: None Barton, Bleecker, Heisey, Medders, Strong 56 Bakersfield, California, September 16, 1974 - Page 9 Hearings. This is the time set for public hearing before the Council of the City of Bakersfield for hearing protests by persons owning real properly within inhabited territory designated as "Union Avenue No. 6," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised and the property owners have been notified as required by law. Two letters and two petitions, containing approximately 98 signatures, opposing the annexation were filed in the City Clerk's office. City Attorney Hoagland stated that if the protests filed equal 50% of the value of territory proposed to be annexed, exclusive of improvements, the proceedings shall be terminated. At this time the protests have not been checked against the total assessed valuation of the area to determine if the 50% protest has in fact been filed. If a 50% protest has not been filed then the petitioners are notified of that fact and given an additional l0 days in which to obtain additional signatures. This hearing will have to be continued for checking petitions and a report will be made to the Council at the next meeting. Vice-Mayor Heisey declared the hearing open for public participation and the £ollowing persons spoke in opposition to the annexation of Union Avenue No. 6. Mr. Alvie Reed, 2599 South Union Avenue Mr. Joseph Ferber, 4505 Gordon Street Mr. Buster Cox, 4212 Gordon Street Mr. James Appleton, 4312 Deborah Street Mrs. Nancy Berrigan, representing several property owners. Upon a motion by Councilman Thomas, public hearing before the Council of the City of Bakers£ield for hearing protests by persons owning real property within inhabited territory designated as "Union Avenue No. 6," proposed to be annexed to the City of Bakersfield, was continued until the Council meeting of September 23, 1974 Bakersfield, California, September 16, 1974 - Page 10 Upon a motion by Councilman Barton, Chairman of the Business Development and Parking Committee, Budget of the Downtown Improvement District for Fiscal Year 1974-75, was approved. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Bleecker, the meeting was adjourned at 9:35 P.M. MAYOR of the City of Bakersfield, Calif. ATTEST: CITY CLERK and Ex-Offici~/~lerk of the Council of the City of Bakersfield, California ma 58 Bakersfield, California, September 23, 1974 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., September 23, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Reverend Jack Harney of the Eastside Christian Church. The City Clerk called the roll as f611ows: Present: Mayor Hart. Councilman Barton, Heisey, Medders, Rogers, Strong, Thomas Absent: Councilman Bleecker Minutes of the regular meeting of September 16, 1974 were approved as presented. Scheduled Public Statements. Mayor Hart read the following statement: In response to inquiries with regard to the action taken as a result of the confrontation on Sunday, September 15, in which an individual was shot by a Bakersfield police officer in the county area, I wish to make the following statement: First, a full investigation of the shooting is being conducted by the Kern County Sheriff's Office and District Attorney's Office. Addi- tionally, the Bakersfield Police Department is making an internal investigation of their own. Regarding the inquiries as to whether the officer involved would be suspended, the Bakersfield Police Department has the same policy as the California Highway Patrol. That is, any officer involved in a fatal shooting of another human being is removed from his regular duties in the field to a position within the Police Department, pending the outcome of the investigation. This means that the officer in question will be transferred from his field duties within the Police Department if and when he returns to work. The question has also arisen as to how charges of action may be taken in a situation such as this: through the Grand Jury, the District Attorney, or the Chief of Police. After an investigation, the Chief may file charges with the Police Civil Service Commission if he finds the charges are warranted as a result of the investigation. Only after a complete investigation Bakersfield, California, September 23, 1974 - Page 2 and after a determination as to whether there are or are not charges to be filed can action be taken on disciplinary matters. The following persons addressed the Council regarding the incident which took place Sunday, September 15, 1974, in whicb an 18 year old youth was killed and several persons injured by a Bakersfield Police Officer: Mr. Frank Espinoza, 3212 Mt. Vernon Avenue Mr. Alfred De La Rosa, 1202 Crawford Street Mr. Ruben Imperial, P.O. Box 3398 (Mayor Hart declared a brief recess at this time.) Mrs. Phyllis Benham, President of the Kern Chapter, American Civil Liberties Union, read the following statement to the Council: The American Civil Liberties Union of Kern County is protesting the excessive use of force directed against George Mendez during a disturbance outside St. Clement Catholic Mission, Sunday, September 15, resulting in his death. It also deplores the inadequate protection of the safety of innocent people in the vicinity of the disturbance. The ACLU further believes that a more humane solution could have been found than shooting a young man. Because of this incident, it is incumbent that an impartial investigation be made by the District Attorney, and other responsible agencies. Council Statements. Councilman Thomas commented briefly on the Paramedics Booth at the Kern County Fair and recommended that the Council and public take a look at this particular booth. Councilman Medders requested the public to send letters and invitations to his home address rather than City Hall as mail is only forwarded once a week from City Hall and often received too late to respond. Councilman Rogers acknowledged the presence of Bey Scout Explorer Post No. 407. 6O Bakersfield, California, September 23, 1974 - Page 3 Councilman Heisey requested the City Clerk's Office to forward the Council's mail to their homes rather than let it wait until the packets are delivered once a week. Councilman Barton stated that Councilman Medders was nominated to represent the South San Joaquin Division of the League of California Cities and requested Council support of this nomination. Reports. Councilman Rogers, member of the Legislative Committee, read Legislative Report No. 9 regarding Fair Labor Standards Act Litigation and recommended Resolution pertaining to activities of the Board of Directors, League of California Cities respecting Ballot Measures of Statewide concern, as follows: The Fair Labor Standards Act became operative July 1, 1974. Since that time, many cities became concerned about the impact of the pro- visions of the Act upon city operations. The National League of Cities established a "litigation" team for the purpose of testing in court certain of the provisions. In July, the League of California Cities asked interested cities for contributions for legal fees. Since that time, the amount of money collected from cities in California exceeded the amount needed for the litigation, and no further funds are needed. The State of California and the State of Arizona are the lead agencies in the proposed litigation which is contemplated being filed within the next 60 days. No action is necessary on this report, but it is recommended that the League offices in Sacramento be informed that the City of Bakers- field supports the efforts being made to resolve the problems raised by the Act in respect to municipalities. II From time to time, the City Council has expressed concern about the actions taken by the Board of Directors of the League of California Cities. The actions taken have not always been thought to be the reflection of the desires of many cities. Bakersfield, California, September 23, 1974 - Page 4 In 1973, Sea1 Beach passed a resolution requesting that the Directors and Officers of the League of California Cities refrain from taking positions on ballot measures of statewide concern until such time as all League member cities have had the opportunity to voice their opinions on such issues. It is recommended that the City Council endorse such a position as taken by Seal Beach in 1973, and adopt a similar resolution. A resolution has been prepared for your consideration. Adoption of Resolution No. 75-74 of the Council of the City of Bakersfield requesting the Directors and Officers of the League of California Cities to refrain from taking a position on Ballot Measures of Statewide interest prior to a vote of all Member Cities. After a lengthy discussion, upon a motion by Council- man Rogers, Resolution No. 75-74 of the Council of the City of Bakersfield requesting the Directors and Officers of the League Of California Cities to refrain from taking a position on Ballot Measures of Statewide interest prior to a vote of all Member Cities, was adopted by the following roll call vote: Ayes: Councilmen Barton, Heisey, Medders, Rogers Noes: Councilmen Strong, Thomas Absent: Councilman Bleecker Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 639 to 778, inclusive, in the amount of $192,829.35. (b) Drainage Easement from the Kern Community College District - providing the City with right of way for construction and maintenance of storm drain system on the campus of Bakersfield College. (c) Street Easement from Pacific Gas & Electric Company - provides a portion of right of way for construction of additional access road from Auburn Street to Highland High School. (d) Street Right of Way Deed from Martha L. Fishel - provides a portion of right of way for widening of "Q" Street between the S.P.R.R. and 34th Street. Bakersfield, California, September 23, 1974 - Page 5 (e) Agreement with P. G. & E. to perform work on the Baker Street Signal Modification Project at East 19th Street and East 21st Street alley. (f) Street Right of Way Deeds from Granada Development Company and Shipmen-O'Grady Development Company -- dedication of Eric Way and Vassar Street, located east of Mr. Vernon Avenue and north of Columbus Street. (g) Adoption of Resolution No. 76-74 of the Council of the City of Bakersfield making finding concerning proposed Subdivision: Tentative Tract 3737, located westerly of New Stine, southerly of Ming Avenue, northerly of Wilson Road, on the west side of Westholme Boulevard. Upon a motion by Councilman Strong, Items (a), (b), (c), (d), (e), (f) and (g) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Barton, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: Councilman Bleecker Councilman Thomas stated that a report has been received from the Arthur D. Little Co. regarding a proposal for evaluation of operating the Fire Department and effect of recently enacted Federal legislation (amendments to the Fair Labor Standards Act) regarding Firemen's hours and requested each Councilman to study this proposal during the next week. Action on Bids. Upon a motion by Councilman Heisey, bid of Overhead Door Company of Bakersfield for Overhead Door Replacements at Fire Stations, was deferred for one week to allow the Engineering Depart- ment time to examine the value of replacing the heavy metal doors with plastic doors. Mayor Hart requested the salvage value of the heavy metal doors be evaluated and incorporated in the amount of funds to be expended. Bakersfield, California, September 23, 1974 - Page 6 63 Upon a motion by Councilman Barton, low bid of Jim Alfter for construction of concrete and masonry landscaped traffic barriers in the Downtown Parking Mall, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Deferred Business. Adoption of Ordinance No. 2208 New Series of the Council of the City of Bakersfield amending Section 17.27.026 of Title 17 of the Municipal Code by adding Item 9 as a Use subject to Conditional Use Permit in the C-2 Zone. Upon a motion by Councilman Medders, Ordinance No. 2208 New Series of the Council of the City of Bakersfield amending Section 17.27.026 of Title 17 of the Municipal Code by adding Item 9 as a Use subject to Conditional Use Permit in the C-2 Zone, was adopted by the following roll call vote: Ayes: Councilmen Barton, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: Councilman Bleecker New Business. Approval of Cooperative Agreement with the County of Kern for the improvement of Pacheco Road between South "H" Street and Union Avenue. Upon a motion by Councilman Barton, Cooperative Agreement with the County of Kern for the improvement of Pacheco Road between South "H" Street and Union Avenue, was approved and the Mayor was authorized to execute same. Approval of Drainage Agreement between the City of Bakersfield and Kern Community College District. Upon a motion by Councilman Rogers, Drainage Agreement between the City of Bakersfield and Kern Community College District providing the City the right to discharge storm water into a drain.- field proposed for the Bakersfield College campus, was approved and the Mayor was authorized to execute same. 64 Bakersfield, California, September 23, 1974 - Page 7 Adoption of Resolution of Intention No. 899 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of the Alley in Block 396, City of Bakersfield and reservation of Public Utility Easement therein. Upon a motion by Councilman Thomas, Resolution of Inten- tion No. 899 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of the Alley in Block 396, City of Bakersfield and reservation of Public Utility Easement therein and setting October 28, 1974 for hearing on the matter before the Council, was adopted by the following roll call vote: Ayes: Councilmen Barton, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: Councilman Bleecker Adoption of Resolution No. 77-74 of Award of the Council of the City of Bakersfield, California, awarding the Contract for doing the work in "Public Improvement District No. 894," pursuant to a Resolution of Intention adopted by said City Council on the 8th day of July, 1974. Upon a motion by Councilman Strong, Resolution No. 77-74 of Award of the Council of the City of Bakersfield, California, awarding the Contract to Joe C. Brown, Inc., for doing the work in "Public Improvement District No. 894," pursuant to a Resolution of Intention adopted by said City Council on the 8th day of July, 1974, was adopted by the following roll call vote: Ayes: Councilmen Barton, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: Councilman Bleecker Adoption of Resolution No. 78-74 of the Council of the City of Bakersfield adopting Plans and Specifications, careful estimates, District Map and Diagram for the construction of Sanitary Sewer Lines, together with appurtenant Lampholes, Manholes, Wye Branches and House Laterals and all necessary earth- work and paving repair in proposed Public Improvement District No. 896. Bakersfield, California, September 23, 1974 - Page 8 Upon a motion by Councilman Thomas, Resolution No. 78-74 of the Council of the City of Bakersfield adopting Plans and Specifications, careful estimates, District Map and Diagram for the construction of Sanitary Sewer Lines, together with appurtenant Lampholes, Manholes, Wye Branches and House Laterals and all necessary earthwork and paving repair in proposed Public Improvement District No. 896, was adopted by the following roll call vote: Ayes: Councilmen Barton, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: Councilman Bleecker Adoption of Resolution of Intention No. 896 of the Council of the City of Bakersfield, California, declaring its intention to order the construction of Sanitary Sewer Lines, together with appurtenant Lampholes, Manholes, Wye Branches and House Laterals and all necessary earthwork and paving repair in proposed Public Improvement District No. 896; describing the District to be benefitted by said work and to be assessed to pay the cost and expense thereof; determining that Bonds will be issued to represent assessment to be levied; and fixing the time and place for hearing protest and objection to said work or the extent of the District to be assessed or both and giving notice thereof. Upon a motion by Councilman Thomas, Resolution of Inten- tion No. 896 of the Council of the City of Bakersfield, California, declaring its intention to order the construction of Sanitary Sewer Lines, together with appurtenant Lampholes, Manholes, Wye Branches and House Laterals and all necessary earthwork and paving repair in proposed Public Improvement District No. 896; describing the District to be benefitted by said work and to be assessed to pay the cost and expense thereof; determining that Bonds will be issued to repre- sent assessments to be levied; and fixing November 4, 1974 at 8:00 P.M., in the Council Chambers of the City Hall as the time and 66 Bakersfield, California, September 23, 1974 - Page 9 place for hearing protest and objection to said work or the extent of the District to be assessed or both and giving notice thereof, was adopted by the following roll call vote: Ayes: Councilmen Barton, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: Councilman Bleecker Hearings. This is the time set for public hearing on application of John M. Jennings, D.D.S. to amend the zoning boundaries from an R-1 (One Family Dwelling) Zone to an R-1-P (One Family Dwelling - Parking), or more restrictive, Zone, affecting that certain property in the City of Bakersfield commonly known as 2008 Roosevelt Street. This hearing has been duly advertised, the property posted and property owners notified as required by law. This 87.5' x 125' parcel is located on the north side of Roosevelt Street between Oleander Avenue and Houchin Road. This one-half block is zoned and developed with single family homes and fronts Freeway 466 presently under construction. Dr. Jennings desires to develop this parcel to provide parking for his patients coming to his dental office located adjacent to this parcel on the north. In compliance with the California Environmental Quality Act, an environmental assessment was made and a negative declara- tion was posted in City Hall on August 19, 1974. The Planning Commission was of the opinion that the proposed amendment to the Zoning Ordinance is compatible with the objectives, policies, general land uses and programs specified in the General Plan, and recommended approval of the zone change, with the "D" Architectural Design Overlay applied to ensure a compatible development with the adjacent residential neighborhood. Bakersfield, California, September 23, 1974 - Page 10 67 Mayor Hart declared the hearing open for public partici- pation. No protests or objections were received.. Mr. John Jenniags, the applicant, was present and answered questions of the Council. The public portion of the hearing was closed for Council delibera- tion and action. Upon a motion by Councilman Medders, Ordinance No. 2209 New Series amending Title Seventeen of the Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakers- field commonly known as 2008 Roosevelt Street and finding that such amendment is consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Barton, Heisey, Medders, Rogers, Strong, Thomas None Noes: Absent: Councilman Bleecker This the Council of persons owning is the time set for continued public hearing before the City of Bakersfield for hearing protests by real property within inhabited territory designated as "Union Avenue No. 6," proposed to be annexed to the City of Bakersfield. This hearing was continued at the Council meeting of September 16, 1974, in order to allow the Public Works Department time to check the signatures on petitions from property owners opposing the annexation. If the protests filed equal 50% of the value of territory proposed to be annexed, exclusive of improvements, the proceedings shall be terminated. If a 50% protest has not been filed the petitioners will be notified of that fact and given an additional 10 days in which to obtain additional signatures. Public Works Director Bidwell reported that the petitions filed are in excess of 50% of the value of the territory proposed to be annexed and recommended termination of the proceedings. Bakersfield, California, September 23, 1974 - Page 11 Upon a motion by Councilman Medders, the proceedings on "Union Avenue No. 6" Annexation were terminated and the City Attor- ney was instructed to prepare the necessary resolution. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Barton, the meeting was adjourned at 9:20 P.M. Calif. ATTEST: CITY CL~RK and Ex-Off~io Clerk of the Council of the City of Baker~ield, California ma Bakersfield, California, September 30, 1974 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., September 30, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Reverend Keith Hood The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Heisey, Medders, Rogers (seated at 8:05 P.M. , Strong, Thomas, Barton Absent: Councilman Bleecker Minutes of the regular meeting of September 23, 1974 were approved as presented. Scheduled Public Statements. Mr. Mike Doolittle, Safety Representative, State Compen- sation Insurance Fund, presented a Safety Award to the Director of Public Works in recognition of that Department's safety record. Mrs. Jill Haddad, 118 - 18th Street, addressed the Council regarding a Safety Program for School Crossings and reviewed the City of Oakland's Operation Manual used in their schools safety program. Upon a motion by Councilman Rogers, the City of Oakland's Operations Manual for their School Safety Program was referred to the Auditorium-Recreation Committee and the Traffic Authority for study. Mr. Gabriel Solomon, Attorney, representing suspended CJLty Police Officers John W McGuffey and Timothy L. Bjornson, reported on a hearing that was held today in Federal Court in Fresno regarding the appointment of a hearing officer, for this matter, by the Police Commissioners. Mr. Solomon also requested the Council to consider, at the next Council meeting, the resumption of the Police Officers salaries, effective September 20th, pursuant to Section (233) 13 o£ the City Charter. of the First Presbyterian Church. Bakersfield, California, September 30, 1974 - Page 2 Correspondence. Upon a motion by Councilman Thomas, communication from the Kern County Fire Fighters Union, Inc., requesting that the Bakersfield City Fire Fighters, as members of Local 1301, be provided payroll deductions for dues and insurance, was referred to the City Attorney for evaluation and report back to the Council. Upon a motion by Councilman Heisey, communications from the City of Ridgecrest and the State Department of Transportation, regarding F.A.U. (Federal Aid Urban) Funds, were referred to the Budget Review and Finance Committee. Upon a motion by Councilman Heisey, communication from the Stockton East Water District, requesting the City of Bakersfield to join with the City of Stockton, the County of San Joaquin, the Stockton-East Water District and other Statewide governmental units in declaring opposition to passage of the Stanislaus River Protection Act of 1974, Proposition 17 on the November General Election Ballot, was referred to the Water and City Growth Committee. Upon a motion by Councilman Heisey, communications from J. L. McKamie, St., 419 - "A" Street, Taft and Ira J. Bownds, 4700 Misty Court, Bakersfield, regarding Cable T.V. service, was referred to the City Attorney. Council Statements. Upon a motion by Councilman Thomas, Vice-Mayor Walter F. Heisey was designated as voting delegate and Mayor Donald M. Hart was designated as alternate for the League of California Cities Annual Conference to be held in Los Angeles, October 20-23, 1974. Upon a motion by Councilman Thomas, contract with Arthur D. Little Co., Inc., for evaluation of the Fire Department, was approved and the Mayor was authorized to execute same. Reports. City Manager Bergen reported on a proposed lease for a parking lot located on the southwest corner of Truxtun Avenue and Bakersfield, California, September 30, 1974 - Page 3 "H" Street, across from the new Police Building and suggested that the lease be referred to a Council committee for review. Upon a motion by Councilman Barton, proposed lease for a parking lot located on the southwest corner of Truxtun Avenue and "H" Street, across from new Police Building, was referred to the Business Development and Parking Committee for study. Consent Calendar. The following items were listed on the Consent Calendar (a) Allowance of Claims Nos. 779 to 846, inclusive, in the amount of $55,832.67. (b) Claim for Damages from Bakersfield City Police Officers Association, John W. McGuffey and Timothy L. Bjornson. (Refer to the City Attorney) (c) Street Right of Way Deed from T. E J. Sullivan - portion of right of way necessary to construct additional access road from Auburn Street to Highland High School. (d) Notice of Completion and Acceptance of Work for consfruction of Curb and Gutter along Oak Street between Palm Street and Brundage Lane - Contract No. 74-52 with P. R. Field, Inc. (e) Notice of Completion and Acceptance of Work for construction of Utility Building and Tower Footings for Radio Communication Facility at City Sanitary Landfill - Contract No. 74-58 with Frank Terry Construction, Inc. (f) Plans and Specifications for the construction of Sanitary Sewers in portions of White Lane and Wilson Road Section 15, T. 30 S., R. 27 E. (g) DELETED Upon a motion by Councilman Strong, Items (a), (b), (c) (d), (e) and (f) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Heisey, Medders, Rogers, Strong, Thomas, Barton Noes: None Absent: Councilman Bleecker 72 Bakersfield, California, September 30, 1974 - Page 4 Action on Bids. Upon a motion by Councilman Medders, low bid of Haberfelde Ford for Utility Trucks for Police and Fire Departments, was accepted and the other bid rejected. Upon a motion by Councilman Medders, low bid of Three Way Chevrolet for two 23,000 lb. G.V.W. Tilt Trucks and one 25,000 lb. G.V.W. Conventional Cab & Chassis for the Public Works Department, was accepted and the other bid rejected. Upon a motion by Councilman Medders, bid of Three Way Chevrolet for two ½ Ton Pickup Trucks for the Public Works Department, was accepted. Dennis Needham, Assistant Chief of the Fire Department explained the use and need operations. Upon a motion by ments were dispensed with, of the Power Rescue Tool for rescue Councilman Medders, usual bidding require- in accordance with Section 5.20.060 of the Municipal Code, and bid of Western States Fire Apparatus of California for Power Rescue Tool, was accepted. After review of report from the Public Works Department, upon a motion by Councilman Heisey, bid of Overhead Door Company of Bakersfield for Overhead Door Replacement at Fire Stations, was accepted. Deputy City Attorney Richard Oberholzer reported the decisions made today by Judge M.D. Crocker of the Federal District Court in Fresno, regarding the suspension of City Police Officers John McGuf£ey and Timothy Bjornson. Deferred Business. Adoption of Resolution No. 79-74 of the Council of the City of Bakers- field finding and declaring that a majority protest was made and declaring proceedings for annexation to the City of certain inhabited territory designated as "Union Avenue No. 6" are terminated under Section 35121.1 of the Government Code. Bakersfield, California, September 30, 1974 - Page 5 the Ayes: Government Code, was adopted by Councilmen Heisey, Medders, Barton Upon a motion by Councilman Barton, Resolution No. 79-74 of the Council of the City of Bakersfield finding and declaring that a majority protest was made and declaring proceedings for annexation to the City of certain inhabited territory designated as "Union Avenue No. 6" are terminated under Section 35121.1 of the following roll call vote: Rogers, Strong, Thomas, Noes: Absent: None Councilman Bleecker New Business. Adoption of Resolution of Intention No. 900 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of the Alley in Block 167, City of Bakersfield and reservation of Public Utility Easements therein. Upon a motion by Councilman Medders, Resolution of Intention No. 900 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of the Alley in Block 167, City of Bakersfield and reservation of Public Utility Easements therein and setting November 4, 1974 for hearing on the matter before the Council, was adopted by the following roll call vote: Ayes: Councilmen Heisey, Medders, Rogers, Strong, Thomas, Barton Noes: None Absent: Councilman Bleecker Adoption of Resolution of Intention No. 901 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of the Alley in Block 8, Kruse Tract, between Truxtun Avenue and Santa Fe Tracts, T Street and U Street, and reservation of Public Utility Ease- ments therein. Upon a motion by Councilman Medders, Resolution of Intention No. 901 of the Council of the City of Bakersfield, 74 Bakersfield, California, September 30, 1974 - Page 6 California, declaring its intention to order the vacation of the Alley in Block 8, Kruse Tract, between Truxtun Avenue and Santa Fe Tracks, T Street and U Street, and reservation of Public Utility Easements therein and setting ~ovember 4, 1974 for hearing on the matter before the Council, was adopted by the following roll call Councilmen Heisey, Medders, Rogers, Strong, Thomas, Barton Noes: None Absent: Councilman Bleecker Acceptance of Work and Notice of Completion for construction of Irri- gation Line to serve a portion of Section 21, T. 30 S., R. 28 E., near Treatment Plant No. 2. This project was completed on September 4, 1974. The contract with Continental Contractors was suspended by the City Council on June 17, 1974 due to the contractor's refusal to satis- factorily complete the project. City forces have completed the work at a total cost of $1,428.61 and the City has retained sufficient funds to cover these costs. Upon a motion by Councilman Strong, the work was accepted for the construction of Irrigation Line to serve a portion of Section 21, T.30S., R.28E., near Treatment Plant No. 2., and the Mayor was authorized to execute the Notice of Completion. Appeal from Conroe Brooks regarding City Manager's denial for a "Cardroom Work Permit." Upon a motion by Councilman Medders, October 28, 1974, at 8:00 P.M., in the Council Chambers of City Hall, was the time set for hearing an Appeal from Conroe Brooks regarding the City Manager's denial for a "Cardroom Work Permit." Approval of request of the Public Works Department to declare a portion of the City's Landfill area as surplus property. vote: Ayes: Bakersfield, California, September 30, 1974 - Page 7 75 Upon a motion by Councilman Rogers, request of the Public Works Department to declare a portion of the City Landfill area, located at the southeast corner of Columbus Street and Panorama Drive, as surplus property, was approved and the Finance Director was authorized to advertise for bids. Approval of Plans and Specifications for Police Building. Upon a motion by Councilman Thomas, Plans and Specifications for the Police Building were approved and the Finance Director was authorized to advertise for bids, by the following roll call vote: Ayes: Councilmen Heisey, Medders, Rogers, Strong, Thomas, Barton Noes: None Absent: Councilman Bleecker Adjournment. There being no further business to come before the by Councilman Heisey, the meeting was Council, upon a motion adjourned at 9:00 P.M. Calif. ATTEST: CITY CLE~ and Ex-Offic'~ Clerk of the Council of the City of Bakersfind, California ma Bakersfield, California, October 7, 1974 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., October 7, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Reverend Charles D. Wilkinson of the Chester Avenue Baptist Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Medders, Rogers, Strong, Thomas, Barton, Bleecker, Heisey Absent: None Minutes of the regular meeting of September 30, 1974 were approved as presented. Scheduled Public Statements. Mrs. Elizabeth Van Alstyne, 1640 Olive Street, addressed the Council, quoting from several publications, and stated her opposition to the use of Revenue Sharing Funds for construction of the new Police Building. During discussion regarding the use of Revenue Sharing Funds, Councilman Rogers requested the staff to investigate the use of the word "Metro" in an article, quoted by Mrs. Van Alstyne~, published in the Wednesday, May 23, 1973 edition of the "Renegade Rip" entitled "Police Students Take Suspects." Mr. Mel Rubin, President of the Retail Clerks Union, Local 137, read a letter stating that the Executive Board of the Retail Clerks Union has unanimously voted to oppose the proposed wage increase for City Councilmen. A lengthy discussion ensued regarding the proposed salary increase for City Councilmen. Mr. Cletus Stanley, Executive Secretary of the Kern, Inyo and Mono Counties Buildings Trade Council, stated that this organi- zation passed a resolution today in support of a salary increase for City Councilmen.