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HomeMy WebLinkAboutOCT - DEC 197476 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, Absent: None Barton, Bleecker, Meisey 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 publkcations, 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. Bakersfield, California, October 7, 1974 - Page 2 7¸.7 Mrs. C. E. Boydstun, addressed the Council opposing any salary increase for City Councilmen. (Mayor Hart declared a brief recess at this time.) Mr. Gabriel Solomon, Attorney, representing suspended City Police Officers John W. McGuffey and Timothy L. Bjornson, requested that the Council resume payment of the two officers salaries and authorize a contract with the State of California, Office of Administrative Hearings to supply a hearing officer to preside over and conduct this civil service hearing. Mr. Solomon presented the Council with two resolutions incorporating these requests and asked for their adoption. During a lengthy discussion, Councilman Thomas moved adoption of the resolution regarding the hiring of a Civil Service Hearing Officer to preside over and conduct the hearing of the case of Officers McGuffey and Bjornson. Councilman Heisey offered a substitute motion to refer the two resolutions regarding hiring of a Civil Service Hearing Officer and resuming the suspended Police Officers salaries to the Governmental Efficiency and Personnel Committee. After a lengthy discussion, Councilman Heisey's substitute motion to refer the two resolutions regarding hiring of a Civil Service Hearing Officer and resuming the suspended Police Officers salaries to the Governmental Efficiency and Personnel Committee, was approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Medders, Rogers, Strong, Bleecker, Heisey Councilmen Thomas, Barton None (Mayor Hart declared a brief recess at this time.) Correspondence. Communication from T. E. Keating, Regional Manager of the Magnavox Company, Fresno, California, regarding Black History Board of Director's invitation to Henry Aaron to appear as Grand Marshal]. of the Black History Week Parade. Bakersfield, California, October 7, 1974 - Page 3 Reports. Councilman Barton, Chairman of the Business Development and Parking Committee, read a report regarding Parking Lot Lease on the Southwest Corner of Truxtun Avenue and "H" Street, as follows: This committee has met with the staff to review a proposal to lease the property at the south- west corner of Truxtun Avenue and "H" Street for use as a public parking lot. The property owners indicated they have no plans for develop- ment for three or more years. The proposed lease is very similar to one the City has for the parking lot on the northwest corner of 18th and Eye Streets. The staff estimates the necessary improvements can be done by City forces at a cost of $6,000. The conditions insure reimbursement to the City for all improvement costs. This lease will provide 89 parking spaces for an interim period to replace parking spaces that will be lost because of the Police Building construction. We feel this is an excellent opportunity to provide needed public parking spaces, therefore we recommend adoption of this lease agreement. Upon a motion by Councilman Barton, report of the Business Development and Parking Committee and Agreement with the Kern County Employees Federal Credit Union for Lease of Parking Lot on the southwest corner of Truxtun Avenue and "H" Street, were approved. Councilman Barton, Chairman of the Business Development and Parking Committee, read a report regarding the Planning Commis- sion's Recommendations on Parking Requirements, as follows: The Downtown Business and Parking Committee met with members of the Planning Commission and City staff to review proposed recommenda- tions of the Planning Commission for commercial and professional office and medical office parking requirements. After a complete review of all the facts pre- sented by the Commission members and staff, we recommend the ordinance be adopted as submitted. Upon a motion by Councilman Barton, report of the Business Development and Parking Committee regarding Planning Commission's Recommendations on Parking Requirements, was approved. Bakersfield, California, October 7, 1974 - Page 4 Adoption of Ordinance No. 2210 New Series 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. Upon a motion by Councilman Barton, Ordinance No. 2210 New Series 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, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Strong, Thomas, Barton, Bleecker, Heisey Noes: None Absent: None Consent Calendar. The following items were listed on (a) (b) the Consent Calendar: Allowance of Claims Nos. 847 to 953, inclusive, in the amount of $148,759.71. Application for Encroachment Permit from Bill Williams, 2120 Woolard Drive. (c) (d) Notice of Completion and Acceptance of Work for construction of Storm Drains in portions of Columbus Street, Mt. Vernon Avenue, Auburn Street, Wenatchee Street and Akers Road - Contract No. 74-62 with Desert Construction Company. Plans and Specifications for construction of Storm Drains in various locations within the City of Bakersfield. (e) Contract and Damage Claim of Officers John McGuffey and Timothy Bjornson. (Refer to City Attorney) Upon (d) and (e) of roll call vote: a motion by Councilman Strong, Items (a), (b), (c),, the Consent Calendar, were adopted by the following Ayes: Councilmen Medders, Rogers, Strong, Thomas, Barton, Bleecker, Heisey Noes: None Absent: None Bakersfield, California, October 7, 1974 - Page 5 Action on Bids. Upon a motion by Councilman Rogers, low bid of Lumsdaine Construction, Inc. for construction of Piper Way and improvement of Auburn Street, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Thomas, previous award of contract to Jim Alfter for construction of concrete and masonry Landscaped Traffic Barriers in the Downtown Parking Mall, was rescinded; low bid of Jim Alfter for concrete construction and low bid of Manuel Valdez for masonry construction of Landscaped Traffic Barriers in the Downtown Parking Mall, were accepted, all other bids rejected and the Mayor was authorized to execute the contracts. New Business. Adoption of Resolution No. 80-74 of the Council of the City of Bakersfield establishing Fee for Installation Permit for Mobilehomes. Upon a motion by Councilman Thomas, Resolution No. 80-74 of the Council of the City of Bakersfield establishing Fee for Installation Permit for Mobilehomes, was adopted by the following roll call vote: Ayes: Councilmen Medders, Bleecker, Noes: None Absent: None Rogers, Heisey Hearings. Strong, Thomas, Barton, This is the time set for public hearing before the Council for hearing protests by persons owning real property within territory designated as "Akers No. 2," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, the property posted and property owners notified as required by law. Bakersfield, California, October 7, 1974 - Page 6 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 Thomas, Resolution No. 81-74 of the Council of the City of Bakersfield declaring that a majority protest has not been made to the annexation of 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 Medders, Rogers, Strong, Thomas, Barton, Bleecker, Heisey Noes: None Absent: None Upon a motion by Councilman Thomas, Ordinance No. 2211 New Series approving annexation of a parcel of uninhabited territory to the City of Bakersfield, California, designated as "Akers No. .2," and providing for the taxation of said territory to pay the bonded indebtedness of said City, was adopted by the following roll call Councilmen Medders, Rogers, Strong, Thomas, Barton, Bleecker, Heisey Noes: None Absent: None This is the time set for public hearing before the Council for hearing objections to include within the Greater Bakersfield Separation of Grade District certain territory designated as "Akers No. 2" Annexation. This hearing has been duly advertised. 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. vote: Ayes: Bakersfield, California, October 7, 1974 - Page 7 Upon a motion by Councilman Thomas, Resolution No. 82-74 annexing certain territory designated as "Akers No. 2" to the Greater Bakersfield Separation of Grade District, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Strong, Thomas, Barton, Bleecker, Heisey Noes: None Absent: None This is the time set for public hearing before the Council of the City of Bakersfield to zone upon annexation to an R-1 (One Family Dwelling), or more restrictive, Zone, that certain property in the County of Kern located on the northeast corner of Akers Road and Planz Road, and known as Akers No. 2 Annexation. This hearing has been duly advertised, the property posted and property owners notified as required by law. The property owner had requested R-2-D (Limited Multiple Family Dwelling - Architectural Design) zoning for a portion of this property; however, he withdrew this request and asked that both parcels be zoned R-1. Property to the north is zoned R-l; property to the south across Planz Road is zoned R-2-D. Planz Road and Akers Road are both secondary highways with 90' rights of way, as depicted on the Metropolitan Bakersfield General Plan. Pursuant to the provisions and procedures as outlined Resolution No. 13-74, an environmental assessment was negative declaration was posted in City Hall on May 22, in Council made and a 1974. The Planning Commission determined that the proposed zoning upon annexation would not have a substantial, adverse impact on the environment, that it is consistent with the General Plan and recommended approval. 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. Bakersfield, California, October 7, 1974 - Page 8 Upon a motion by Councilman Thomas, Ordinance No. 2212 New Series amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, finding that said zoning upon annexation would not have a substantial, adverse impact on the environment and that it is consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Strong, Thomas, Barton, Bleecker, Heisey Noes: None Absent: None Recess. There being no further business to come before the Council, upon a motion by Councilman Bleecker, the meeting was recessed at 10:30 P.M., until October 28, 1974. sfield, Calif. ATTEST: CITV CLERK and Ex-~ficio Clerk of the Council of Che City of Bakersfield, California Bakersfield, California, October 28, 1974 Minutes of a recessed meeting of the Council of the City' of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., October 28, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Reverend George Woodgates of t~e All Saints Episcopal Church. Present: Absent: The City Clerk called the roll Mayor Hart. Councilmen Rogers, Heisey, Councilman Barton as follows: Strong, Thomas, Medders Bleecker, Minutes of the regular meeting of October 7, 1974 were approved as presented. Scheduled Public Statements. Mrs. Nancy Casselman, 4013 Harvard Drive, representing the Kern Philharmonic Symphony introduced Mr. Ross Harrington, Supervisor of Music, Kern County School District and Mr. Charles Jones, President of the Philharmonic Society and requested financial support for a "Young People's Concert" being planned for March, 1975, in the Civic Auditorium. Upon a motion by Councilman Heisey the Kern Philharmonic's request for financial support for a "Young People's Concert" was referred to the Auditorium-Recreation Committee for study and recommendation to the Council. Correspondence. Upon a motion by Councilman Medders, Resolution from the Panama Union School District, Board of Trustees, regarding the reduction of the speed Road to the entrance of referred to the Traffic limit on Stockdale Highway from New Stine California State College, Bakersfield, was Authority for study and recommendation. Upon a motion by Councilman Heisey, communication from the Kern County Emergency Medical Care Committee, requesting support of a County application for Federal assistance pursuant to the Bakersfield, California, October 28, 1974 - Page 2 Emergency Medical Services Systems Act of 1973 (P.L. 93-154), was referred to the Budget Review and Finance Committee for study and recommendation. Upon a motion by Councilman Medders, communication from the Downtown Business Association requesting that a definite commitment be obtained, as soon as possible, from John S. Griffith Company concerning the proposed downtown shopping center, was received and ordered placed on file. Upon a motion by Councilman Bleecker, the Council recessed to an Executive Session to discuss matters of litigation. Council Statements. Councilman Strong made a motion, due to the controversy over the proposed Charter Amendment to raise Councilmen's salaries, that the Council go on record confirming the amount of $300.00 per month as being the exact amount as set forth in the original proposal and that any additional amount which may accrue as the result of legislative action be returned to the people in a manner that is legally appropriate. Councilman Heisey stated that this Council cannot bind future Councils' actions. If this measure passes the salary would be the same as the State allows in unchartered cities and if, at any time, this Council wanted to receive less, they could; however, they cannot receive more. That is the distinction that the public needs to know. Councilman Bleecker stated that he understood that the original idea was to place the salary increase for members of the Council on the ballot as a set amount of $300.00 per month for the people of the City of Bakersfield to vote on. In its present form ballot Measure "A", if passed, will allow the State Legislature to set the salaries of Councilmen and having that knowledge I am opposed to Measure "A". Bakersfield, California, October 28, 1974 - Page 3 Councilman Medders stated that he does not disagree with. placing the Charter Amendments on the ballot for the citizens to decide but he is opposing them. Councilman Strong's motion that the Council go on record as confirming the amount of $300.00 per month as being the exact amount as set forth in the original proposal for raising Councilmen's salaries and that any additional amount which may accrue as the result of legislative action be returned to the people in a manner that is legally appropriate, failed to carry by the following roll call vote: Ayes: Councilmen Strong, Thomas Noes: Councilmen Bleecker, Heisey, Medders Absent: Councilman Barton Abstaining: Councilman Rogers Mayor Hart made the following statement regarding the proposed salary increases for the Mayor and Councilmen to be voted on by the citizens of Bakersfield at the November 5, 1974, State General Election: "For a point of clarification, I was not involved in the deliberations that brought about this part of the ballot. I do not seek an increase in salary, I will not accept one should it materialize. I only say to those people, in this community, the Council is grossly under- paid for the time, effort and commitment that they put into the job of running this City. I urge those people, if they are so inclined, to vote NO on that part of the ballot relative to the Mayor's office. I repeat, I was not involved in the deliberations, I do not seek an increase and if I should run for reelection I would not seek an increase at that time. Please think seriously about the demands and pressures exerted on this Council night after night in long drawn out meetings. I remember the lady that said all of you really wanted that office. You bet they did, in a desire to serve no matter whether it takes until midnight three nights a week to serve." Councilman Heisey complimented the group that sponsored the "Medieval Fair" held in Central Park this past weekend. Bakersfield, California, October 28, 1974 - Page 4 Councilman Heisey requested the staff to investigate the possibility of relocating part of the duck and bird population in Central Park. Councilman Heisey, as voting delegate for the City of Bakersfield at the Annual Conference of the League of California Cities held in Los Angeles on October 20-23, 1974, reported on several resolutions that were acted upon at that conference. Reports. Councilman Rogers, member of the Legislative Committee, read Legislative Report No. 10, as follows: Proposition 17 is an initiative measure spear- headed by a group called the Friends of the River. If successful, it would place portions of the Stanislaus River within the California Wild and Scenic River Act and jeopardize the Melones Dam Project. For the reasons stated in the Resolution and the California Wildlife publication, it is reconunended that the Council adopt a Resolution in opposition to Proposition 17. Such a Resolution has been adopted by the Kern County Water Agency and the North Kern Water Storage District, since the Melones Dam Project has an effect on the water available to Kern County. Adoption of Resolution No. 83-74 of the Council of the City of Bakersfield opposing Proposition 17--The Stanislaus River Initiative. Upon a motion by Councilman Rogers, Legislative Report No. l0 was approved and Resolution No. 83-74 of the Council of the City of Bakersfield opposing Proposition 17--The Stanislaus River Initiative, were adopted by the following roll call vote: Ayes: Councilmen Rogers, Strong, Thomas, Bleecker, Heisey, Medders Noes: None Absent: Councilman Barton Councilman Rogers, Chairman of the Auditorium-Recreation Committee, read a report regarding Request for Recreation Fee Change, as follows: Because of the increased costs of insurance, salaries, supplies, mailing, etc., the adult basketball league is costing the City more Bakersfield, California, October 28, 1974 - Page 5 than its fifty percent share. Total revenues for the 1973-74 season were $3,312 while expenses ran $7,082. Therefore, to keep adult recreation activities on a 50-50 Tunding basis, it is recoramended the adult basketball entry fee be raised from $85 to $90. Also, in order to establish a "Learn to Bowl" program for ladies, we are working with local bowling establishments to organize and conduct this activity. In order to cover expenses of registration, the Auditorium-Recreation Committee recommends a $2 per individual charge be estab- lished for this program. Upon a motion by Councilman Rogers, report of the Auditorium- Recreation Committee regarding Request for Recreation Fee Change, raising adult basketball entry fee from $85.00 to $90.00 and estab- lishing a "Learn to Bowl" program for ladies with a registration fee of $2.00 per individual, was adopted. Councilman Bleecker, Chairman of the Governmental Efficiency and Personnel Committee, read a report regardimg Fire- fighters Trainee Program, as follows: In an effort to provide new job opportunities for City ~mp$oyees faced with a layoff due to the reduction in work forces in the Public Works Department and to further provide employment opportunities for minorities in this City's Fire Department, the Governmental Efficiency and Personnel Committee has met several times with the staff to discuss possible alternatives. As a result of these meetings we instructed the staff to begin a program whereby qualified minority employees can be relocated from the Sanitation Division to the Fire Department as Firefighter Trainees. In response to this Committee's instructions the staff provided us with several alternatives such as a federally-funded manpower program similar to one recently initiated by Kern County. This program appeared to have some merit, however, the usual federal restrictions are placed on these funds. Another alternative and one which we feel has the most merit, is the transfer of qualified personnel into the Fire Department as Firefighter Trainees. These employees will undergo a series of tests to determine whether or not they are adapted for the firefighting profession. These tests will be administered by the City Personnel Division and the Bakersfield Adult School. Upon success- ful completion of this testing procedure the Bakersfield, California, October 28, 1974 - Page 6 top candidates will be hired as Firefighter Trainees to underfill present openings within the Fire Department. These trainees will serve in this capacity for a period of up to six months during which time they will receive on- the-job training and additional educational training through the Bakersfield Adult School. At the end of the six-month period they will be required to take the entrance level Fire- fighter examination, and if they successfully pass the exam they will become permanent Fire- fighters. If they are unsuccessful they will return to the Sanitation Division. In order to effectuate this program the Govern- mental Efficiency and Personnel Committee is recommending Council approval of the Firefighter Trainee Program, approval of the attached job specifications, and recommend the City Attorney be instructed to make the necessary changes in the salary resolution establishing the position of Firefighter Trainee at a salary range of $723 to $880 per month. Adoption of Resolution No. 84-74 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. Upon a motion by Councilman Bleecker, report of the Governmental Efficiency and Personnel Committee, establishing a Firefighter Trainee Program and Resolution No. 84-74 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, were adopted by the following roll call vote: Ayes: Councilmen Rogers, Strong, Thomas, Bleecker, Heisey, Medders Noes: None Absent: Councilman Barton Committee, follows: Councilman Rogers, Chairman of the Auditorium-Recreation read a report regarding the 1974 Park Bond Act, as In June of 1974 the people of the State of California passed Proposition 1 which authorized the State to issue bonds in the amount of 250 million dollars to provide funds to acquire and establish beaches, parks, recreational facilities and historical resources as specified in the &ct. Also provided in the act were Bakersfield, California, October 28, 1974 - Page 7 91¸ provisions which allow each county to receive a portion of these funds based upon a per capita allocation. Kern County's share of the allocation from the State is $1,349,379. This allocation will further be distributed by the County of Kern to each city and district eligible for participation. The plan must be adopted by fifty percent of the participating agencies representing fifty percent of the population within Kern County. The County of Kern has met with each city and district and has submitted the enclosed proposal (Exhibit A) for ratification by the governing bodies of the participating agencies. The City of Bakersfield's share under this proposal will be $223,065.44. In Kern County there are a total of ninety-nine potential cities and districts which are eligible to participate under the 1974 State Bond Act. The Kern County Parks and Recreation Department has indicated twenty-six entities wish to parti- cipate. Of those participating, twenty-one entities, or eighty percent, have expressed support of this proposal. It is recommended by the Auditorium-Recreation Committee that this proposal be accepted and that the attached resolution be passed and forwarded to the Kern County Board of Supervisors. Adoption of Resolution No. 84-75 of the Council of the City of Bakersfield approving Proposal B, (Fund-Sharing Formula for total allocation to County) and the Priority Plan for expenditure of total County allocation under State Beach, Park, Recreational and Historical Facilities Bond Act of 1974. Councilman Thomas stated that he is in favor of this action but does not support the Buena Vista Lake Project and hopes that the County of Kern will not use these funds for that purpose. Upon a motion by Councilman Rogers, report of the Auditorium-Recreation Committee regarding the 1974 Park Bond Act and Resolution No. 85-74 of the Council of the City of Bakersfield approving Proposal B, (Fund-Sharing Formula for total allocation to County) and the Priority Plan for expenditure of total County allocation under State Beach, Park, Recreational and Historical 92 Bakersfield, California, October 28, 1974 - Page 8 Facilities call vote: Ayes: Noes: Absent: Bond Act of 1974, were adopted by the following roll Councilmen Rogers, Strong, Thomas, Medders None Councilman Barton Consent Calendar. Bleecker, Heisey (b) Street Right of Way Deed from Atlantic Richfield Company - portion of right of way required for construction of Piper Way between Auburn Street and Highland High School property. (c) Street Right of Way Deed from Ruby Fine - portion of right of way required for construction of "Q" Street between S.P.R.R. and 34th Street. (d) Notice of Completion and Acceptance of Work for construction of Belle Terrace from Stine Road to New Stine Road - Contract No. 74-77 with Sully-Miller Contracting Company. (e) Notice of Completion and Acceptance of Work for construcfion of Aeration System and Modification of Stabilization Ponds at Wastewater Treatment Plant No. 3 - Contract No. 74-4 with Lumsdaine Construction, Inc. Councilman Strong moved adoption of Items (a), (b~ (c), (d) and (e) of the Consent Calendar, with the deletion of Claim Voucher No. 986 in the amount of $4,146.70 to be placed on the Agenda with further explanation at next weeks Council meeting. After discussion, upon a substitute motion by Councilman Bleecker, Items (a), (b), (c), (d) and (e) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Rogers, Thomas, Bleecker, Heisey, Medders Noes: Councilman Strong Absent: Councilman Barton (a) Allowance of Claims Nos. 954 to 1248, inclusive, in the amount of $447,719.11. The following items were listed on the Consent Calendar: Bakersfield, California, October 28, 1974 - Page 9 Action on Bids. Upon a motion by Councilman Medders, low bid of Olesen Company for Auditorium Dimmer System Replacement, was accepted and the other bid rejected. Upon a motion by Councilman Rogers, sale of surplus real property in the vicinity of Panorama Drive and Columbus Street to Harry E. Fox for $8,800.00, was approved and the Mayor was authorized to execute the Quitclaim Deed. Deferred Business. Hearing before the Council on an appeal by Conroe Brooks regarding the City Manager's denial of a "Cardroom Work Permit" was deleted from the Agenda. New Business. First reading of an Ordinance of the Council of the City of Bakersfield adding Item 7 to Section 17.64.030 of the Municipal Code, providing for use in the M-1 Zone of Livestock Slaughtering and processing wholly within a building, upon granting of Conditional Use Permit. This Ordinance would permit use of land in M-1 Zone for livestock slaughtering and processing wholly wifhin a building, upon granting of a Conditional Use Permit. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Item 7 to Section 17.64.030 of the Municipal Code, providing for use in the M-1 Zone of Live- stock slaughtering and processing wholly wifhin a building, upon granting of Conditional Use Permit. Approval of Agreement between the City of Bakersfield and Biggat, Frapwell, Ghezzi and Cartnal, Architects, for architectural services in connection with the proposed addition fo the City Hall and preparing of master plan of space needs for City Hall. Upon a motion by Councilman Medders, Agreement between the City of Bakersfield and Biggat, Frapwell, Ghezzi and Cartnal, Bakersfield, California, October 28, 1974 - Page l0 Architects, for architectural services in connection with the proposed addition to the City Hall and preparing of master plan of space needs for City Hall, was approved and the Mayor was authorized to execute same. Approval of Extension of Lease Agree- ment No. 112-69 with Albert L. and Shirley Phillips. Upon a motion by Councilman Rogers, Lease Agreement No. 112-69 with Albert L. and Shirley Phillips for lease of 3.4 acres of City-owned property located at Treatment Plant No. 1 for cattle grazing, was extended for one year and the Mayor was authorized to execute same. Approval of Cooperative Agreement between the City and the County of Kern. Upon a motion by Councilman Thomas, Cooperative Agreement between the City of Bakersfield and the County of Kern for the proposed widening of Ming Avenue between Hughes Lane and Baldwin Road, was approved and the Mayor was authorized to execute same. Adoption of Resolution No. 86-74 of the Council of the City of Bakersfield approving Amendment Number 4 to Agree- ment for Maintenance of State Highways in the City of Bakersfield. Upon a motion by Councilman Medders, Resolution No. 86-74 of the Council of the City of Bakersfield approving Amendment Number 4 to Agreement for Maintenance of State Highways in the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Strong, Thomas, Bleecker, Heisey, Medders Noes: None Absent: Councilman Barton Adoption of Resolution No. 87-74 of the Council of the City of Bakersfield initiating proceedings to Annex terri- tory on its own motion setting forth its reasons for desiring the annexation, fixing a time and place for hearing protests by persons owning real property within such territory designated as "Kern River No. 4." Bakersfield, California, October 28, 1974 - Page 11 Upon a motion by Councilman Heisey, Resolution No. 87-74 of the Council of the City of Bakersfield, initiating proceedings to annex territory on its own motion setting forth its reasons for desiring the annexation, fixing December 9, 1974, in the Council Chambers of the City Hall as the time and place for hearing protests by persons owning real property within such territory designated as "Kern River No. 4," was adopted by the following roll call vote: Ayes: Councilmen Rogers, Strong, Thomas, Bleecker, Heisey, Medders Noes: None Absent: Councilman Barton Adoption of Resolution No. 88-74 of the Council of the City of Bakersfield initiating proceedings to Annex terri- tory on its own motion setting forth its reasons for desiring the annexation, fixing a time and place for hearing protests by persons owning real property within such territory designated as "Kern River No. 5." Upon a motion by Councilman Heisey, Resolution No. 88-74 of the Council of the City of Bakersfield initiating proceedings to annex territory on its own motion setting forth its reasons for desiring the annexation, fixing December 9, 1974, in the Council Chambers of the City Hall as the time and place for hearing protesl~s by persons owning real property within such territory designated as "Kern River No. 5," was adopted by the following roll call vote: Ayes: Councilmen Rogers, Strong, Thomas, Bleecker, Heisey, Medders Noes: None Absent: Councilman Barton City Manager Bergen requested authorization to retain a firm of Certified Public Accountants to conduct a Police Unit election. Upon a motion by Councilman Bleecker, the staff was authorized to retain a firm of conduct a Police Unit election. negative on this motion. Certified Public Accountants to Councilman Strong voted in the 96 Bakersfield, California, October 28, 1974 - Page 12 Hearings. This is the time set £or public hearing on 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 Bakers£ield, and reservation o£ Public Utility Easement therein. 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 Bleecker, Resolution No. 89-74 of the Council of the City of Bakersfield ordering the Vacation of the Alley in Block 396, City o£ Bakersfield, and reservation of Public Utility Easement therein, was adopted by the following roll call vote: Ayes: Councilmen Noes: Absent: Council, adjourned Rogers, Strong, Thomas, Medders None Councilman Barton Adjournment. There being no further business to come before the upon a motion by Councilman Rogers, the meeting was at lO:10 P.M. MA '~- f the~ld, Calif. Bleecker, Heisey, ATTEST: CITY and ~lerk of the Council of th'e City of Bake~field, California ma Bakersfield, California, November 4, 1974 9 '7 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., November 4, 1974. The meeting was called to order by Vice-Mayor Heisey followed by the Pledge of Allegiance and Invocation by Reverend Curtis D. Moore of the Ming Avenue Christian Church. The City Clerk called the roll as fellows: Present: Councilmen Strong, Barton, Bleecker, Heisey, Medders, Rogers Absent: Mayor Hart, Councilman Thomas Minutes of the regular meeting of approved as presented. October 28, 1974 were Vice-Mayor Heisey recessed the regular Council meeting for a Joint Public Hearing of the Council of the City of Bakersfield and the Bakersfield Redevelopment Agency. Joint Public Hearing of the Council of the City of Bakersfield and the Bakersfield Redevelopment Agency on the proposed amendments to the Redevelopment Plan and Draft Environ- mental Impact Report for the Downtown Bakersfield Redevelopment Project and the area proposed to be added to the Project. VICE-MAYOR HEISEY: This is the time and place set the special joint meeting of the Council and the Bakersfield for Redevelopment Agency for the purpose of conducting a joint public hearing on the proposed amendments to the Redevelopment Plan for the Downtown Bakersfield Redevelopment Project and the Draft Environmental Impact Report for the Redevelopment Project and the area proposed to be added to the Project. The Notice in the record. That as required by law. of Public Hearing was duly published and is Notice and accompanying documents were mailed Bakersfield, California, November 4, 1974 - Page 2 AGENCY VICE-CHAIRMAN CASPER: Requested the the Redevelopment Agency to call the roll: Present: Absent: Secretary Agency Members Casper, Lee, Poehner, Taber Agency Members King, Puder, Stewart VICE-MAYOR HEISEY: The record contains the proposed amendments to the Redevelopment Plan and the Redevelopment Agency Report to the Council on the proposed amendments, which contains the Draft Environmental Impact Report. The record also contains the Amended Rules Governing Participation by Owners, Operators of Businesses and Tenants, and the report and the recommendation of the City Planning Commission approving the proposed amendments to the Redevelopment Plan. Cards were distributed to those persons in the audience requesting to speak or express their opinion of the proposed amendments. VICE-MAYOR HEISEY: Under the law every person speaking must be sworn in by the City Clerk. Copies of the Agenda are available in case you did not take one at the door. .... I now declare the public hearing open for the City Council. AGENCY VICE-CHAIRMAN CASPER: I now declare the public hearing open for the Redevelopment Agency. VICE-MAYOR HEISEY: Under the law it is my responsibility to preside over this joint public hearing. We shall have the presentation of the Agency. At this time, I would like to call on Mr. Bergen, Community Development Director of the Agency, to introduce the persons who will participate for the Agency and have them stand and be sworn in. COMMUNITY DEVELOPMENT DIRECTOR BERGEN: For the record, I am Harold Bergen, Community Development Director of the Bakersfield Bakersfield, California, November 4, 1974 - Page 3 Redevelopment Agency. Those persons who will be participating for the Agency are: Eugene Jacobs and Mark Breakstone, Special Counsel for the Redevelopment Agency Richard Foster, Community Development Director Nelson Jones, John S. Griffith Company The Agency participants were sworn in as a body by the City Clerk. Mr. Eugene Jacobs, Special Counsel for the Redevelopment Agency, presented background information on the proposed amendments to the Downtown Redevelopment Plan and the Draft Environmental Impact Report. Mr. Nelson Jones, representing John S. Griffith Company, on the proposed downtown regional shopping gave a status report center. Mr. Jacobs stated that the agreement with John S. Griffith Company for the development of a downtown regional shopping center will be presented at a later date to the Redevelopment Agency and City Council for approval after a public hearing is held. Community Development Director Bergen stated that this concludes the Agency staff's formal presentation and we are avail- able for clarification or questions on this project. Vice-Mayor Heisey requested that the cards distributed to the public requesting to speak or expressing their opinions of the proposed amendments be picked up. Vice-Mayor Heisey requested the City Clerk to read the names and addresses of all persons who have submitted written co~nunications in favor of the adoption of the proposed amendments to the Redevelopment Plan and/or Environmental Impact Report: Communication was submitted by Richard Foster, Community Development Director, in regards to a verbal approval of the proposed amendments from Charles J. Lindgren. 1-00 Bakersfield, California, November 4, 1974 - Page 4 Vice-Mayor Heisey asked for oral statements and questions by persons in favor of the adoption of the proposed amendments to the Redevelopment Plan and/or Environmental Impact Report. The Clerk reported that no one wished to speak in favor. Vice-Mayor Heise~ requested that the City Clerk read the names and addresses of all persons who have submitted written communications objecting to the adoption of the proposed amendments to the Redevelopment Plan and/or Environmental Impact Report. The following communications were received objecting to the adoption of the proposed amendments to the Plan and/or Environ- mental Impact Report: Rex R. Mull and Edwin W. Wilson Property located at Ill0-1112 Truxtun Avenue Doughty-Calhoun-O'Meara, Inc. Signed by Gino J. Fanucchi, President, Edna L. Fanucchi, Secretary-Treasurer and James E. King, Owner of Blackwell Building Property located at l100 & 1122 Truxtun Avenue John E. Clare, Agent for J. Hamilton and M. Stoakes Property located at 1623, 1629, 1631 & 1633 - 19th Street Vice-Mayor Heisey asked for oral statements and questions by persons objecting to the adoption of the proposed amendments to the Redevelopment Plan and/or Environmental Impact Report. After being sworn in by the City Clerk, Marvin Lipco, owner of property located at 1209-1217 - 19th Street and 1223-1229 - 19th Street, stated his concern for the small businessman. Councilman Bleecker questioned several items and a lengthy discussion took place regarding rates that would be charged for leasing space in the regional shopping center. The following written statements were submitted by persons in the audience: Opposed to the proposed.amendments and/or EIR: Anthony Cueto 1616 - 19th Street Bakersfield, California, November 4, 1974 - Page 5 L. Jack Wiener 1100 18th Street Best Cleaners - N. Sabonjian 1608 "F" Street In favor of the proposed amendments and/or EIR: John Brock 1918 Chester Avenue No position on the proposed amendments and/or EIR: Community National Bank 1803 Chester Avenue R. A. Stoner 17th & Chester Avenue W. I. Toso, Western Union Western Union Office Phillip A. Niederauer 19th & "K" Streets, Woolworth Building Lawrence Lake 22nd & Chester Avenue & 21st & Eye Streets Mrs. Florence I. Clare 22nd & "L" Streets Written communication from Rex R. Mull, Attorney at Law, read into the 1112, Truxtun Avenue, dated October 31, 1974, was record. After being sworn in by the City Clerk, R. A. Stoner, property owner of the southwest corner of 17th Street and Chester Avenue, asked several questions regarding the effect of this project and stated he now objects to the proposed amendments to the Redevelop- ment Plan. After being sworn in by the City Clerk, Michael Belluomini, representing a family owned business in the downtown area, stated that they have not been given enough detailed information on this issue to make a decision and asked several questions regarding the regional shopping center and relocation. Mr. Belluomini requested a copy of the Environmental Impact Report. Mr. Jacobs stated that Mr. Belluomini would be furnished a copy of the EIR. .l O2 Bakersfield, California, November 4, 1974 - Page 6 After being sworn owner of property located at to the opening of a regional in by the City Clerk, Jack Wiener, l100 - 18th Street, spoke in opposition shopping center. After being sworn in by the City Clerk, Lawrence Lake, owner of property located at 22nd & Chester Avenue and 21st and Eye Streets, stated he has a lot of confidence in the City staff and is willing to go along with the redevelopment of the downtown area if it is necessary and will he].p the City of Bakersfield. Councilman Medders did not feel that there would be sufficient time to answer all the questions and moved that the Joint Public Hearing of the Council and Redevelopment Agency be continued until a later date. During discussion, Councilman Rogers asked specific questions and requested that a list be compiled of business owners, in the affected area, who have indicated a desire to participate in the project. Councilman Barton stated that he would like to see more community participation, especially owners of property in the affected area, and requested that written questions or comments be submitted. Councilman Bleecker stated that more homework needs to be done on this matter before the amendments to the Redevelopment Plan are adopted, and comments from property owners and tenants in the downtown area would be welcome. After discussion, upon a motion by Councilman Medders, Joint Public Hearing before the Council of the City of Bakersfield and the Bakersfield Redevelopment Agency on the proposed amendments to the Redevelopment Plan and Draft Environmental Impact Report for the Downtown Bakersfield Redevelopment Project and the area proposed to be added to the Project was continued until Monday, November 18, Bakersfield, California, November 4, 1974 - Page 7 1974 at 8:00 P. following roll call vote: Ayes: Councilmen Strong, Rogers Noes: None Absent: Councilman Thomas M., in the Council Chambers of City Hall, by the Barton, Bleecker, Heisey, Medders, Greg Fraser - Highland High School Rick Holloway - North High School Laura Zuniga - South High School Ken Alvis - Bakersfield High School Marcia Michel - West High School Tom Willis - Garces High School Bea Aronat - East High School Connie St. John - Foothill High School Scheduled Public Statements. Mrs. Lucille Wake addressed the Council regarding a "Questionaire" on Measure "A", to be voted on at the State General follows: Mayor' City Council City Council City Council City Council City Council City Council City Council counterparts for the Office of Mayor and members of the Council, as Upon a motion by Agency Member Poehner, seconded by Agency Member Lee, Joint Public Hearing before the Council of the City of Bakersfield and the Bakersfield Redevelopment Agency on the proposed amendments to the Redevelopment Plan and Environmental Impact Report for the Downtown Bakersfield Redevelopment Project and the area to be added to the Project was continued until Monday, November 18, 1974 at 8:00 P.M., in the Council Chambers of City Hall, by the following roll call vote: Ayes: Agency Members Casper, Lee, Poebrier, Taber Noes: None Absent: Agency Members King, Puder, Stewart Vice-Mayor Heisey declared a brief recess and reconvened the regular Council meeting at 10:00 P.M. Vice-Mayor Heisey announced that due to the length of the Joint Public Hearing the students attending the Council meeting for "Teenage Government Day" were unable to remain and listed the student 1'04 Bakersfield, California, November 4, 1974 - Page 8 Election November 5, 1974, which was left at homes in various parts of the City and purportedly sponsored by the "Committee For Equal Pay", but without the names and address of the Committee officers and according to the Elections Code this constitutes a misdemeanor. Correspondence. Upon a motion by Councilman Bleecker, communications from the Kern County Employees Association, Inc., SEIU Local 700 AFL-CIO, regarding a Police Unit Election, and Gabriel W. Solomon, Attorney at Law, regarding a CitizenSs Complaint against City Employees, were referred to the Governmental Efficiency and Personnel Committee. Council Statements. Councilman Medders read the following prepared statement: "I have given considerable thought as to whether or not I should make this statement because too much has probably been said on the subject already. I usually try to steer clear of problems that are not necessarily my particular responsibility - and certainly I refrain from commenting in public on items of litigation, which I shall continue to do. But, during the past week I have been under attack by the poisonous pen and the loose lip. Considering the sources, I feel that I must be doing a much better job than I have personally rated my performance in the past. In view of the fact that I have never talked to the "Attorney" or the "Organizer" on a one to one basis it seems strange indeed that they should come to some of the conclusions they conjured up. I, along with 3 other members of the Council were termed to be blatantly anti-union and it was stated in effect that we must ultimately be ousted. Personally, I have no quarrel with unions nor with the right of individuals to be represented. I believe that the procedure for employee representation has been accomplished through the efforts of the Governmental Efficiency and Personnel Committee and representatives of the various employee groups and I supported the action recommended. I also support the right of 83 of the approxi- mately 120 Police personnel who asked for an Bakersfield, California, November 4, 1974 -Page 9 election, to have that election. It's too bad they were denied the opportunity to express their desires. Whatever the outcome may be, I am certainly willing to accept their decision. I sincerely feel that we have two separate issues at hand which are unrelated. The one issue is an attempt of the SEIU to organize certain classifications of the Police Depart- ment and the other issue is a disciplinary action taken by the Chief of Police. The Council has been asked in effect to tell the Police Civil Service Commission to appoint an outside impartial hearing officer through a resolution with all the Whereases and Resolveds that are usually found in a resolution. The simple fact of the matter, as I perceive it - is that the autonomous commission operates under its own rules and can do what was asked without any help from us -- I question whether we even have the right to do what was requested. If the Police Civil Service Commission wants to go outside, that's fine with me. The procedure is established for what should be a fair and impartial hearing for the officers in question. I certainly hope that this happens since this is the 20th Century and it is America. My only regret is that the smoke screen can't be cleared so proper hearings can be held. We, as a Council, are bound to uphold the City Charter under sworn oath. The Charter is a set of rules that the Council is supposed to play by -- and in Section 17 I find that personnel matters, aside from those dealing with the City Manager and the City Attorney, are not within my realm of responsibility. Therefore, I have not sought to find out the facts in the case in question. If I, as a Councilman do not play by our own rules -- then I have no right to vote on ordinances that other people are expected to live by. Getting back to the question of unions, I talked for quite a while with a representative of one of the unions some months ago. I came away feeling that he was intelligent, reasonable, sincere, and open and above board in his approach. These characteristics I respect. When I came on this Council, I came with the determination to represent individuals and small groups with similar problems from the 5th Ward, and to represent these people as 1/7 of the total City. The nationality, political affiliation, address, or organization the people may belong to makes no difference to me. The most gratifying times for me are the times that I can help constituents with solving or at least diminishing problems that are of vital importance to them. ]06 Bakersfield, California, November 4, 1974 - Page l0 I guess what it really boils down to is to simply that I won't be owned by special interests. I just detest the thought of being like the little monkey on the string -- where you pull the string when you want him to perform. My way is to represent equally and individually -- and if I am not around after April of 1975 I will be able to look back and remember with pride -- as go the wor~s of the song -- "I did it my way." Councilman Heisey thanked and complimented the Bakersfield Californian for their support of Measure "C" to be voted on at the State General Election, November 5, 1974 and commented on their opposition to Measure "D". Reports. Councilman Medders, Chairman of the Budget Review and Finance Committee, read a report regarding Acquisition of Property for a new City Corporation Yard, as follows: For some time the City has been searching for an acceptable site to replace the existing Corporation Yard. The present Corporation Yard consisting of 3.1 acres owned by the City and 4.5 acres of adjacent Sante Fe Railroad right of way used as a stockpile area, is and has been inadequate for some time. The Arthur D. Little Company report concurred on the inadequacy of the existing facilitieS. Expansion of the existing location is not feasible because of adjacent land costs and lack of an~equate sized parcel. The new site appears to be ideally located adjacent to the proposed extension of Truxtun Avenue and has been reviewed by the Planning Commission. This 34 acre parcel is reduced to approximately 21.5 acres o£ usable land because of canal and road right of way requirements. The property appraisal of $83,000 was based upon the 21.5 acres of usable land. The owner has consented to sell the property at the appraised value. Funds have been budgeted for this acquisition. This committee has reviewed this proposed property acquisition and fee'ls it is well located, and it is essential to provide the necessary facilities to meet the present and future needs of the City. Therefore, we recom- mend the proposed property be acquired and authorize expenditure of the necessary funds. Bakersfield, California, November 4, 1974 - Page ll Upon a motion by Councilman Medders, report of the Budget Review and Finance Committee regarding Acquisition of Property for a New City Corporation Yard, was approved. Councilman Medders, Chairman of the Budget Review and Finance Committee, read a report regarding an Agreement between the City and County for Operation of the City's Sanitary Landfill Site, .as follows: During the past few months the staff has been working with the County Public Works Department toward unifying the Greater Bakersfield Area solid waste disposal facilities at one site. Such a move was recommended in the Kern County Solid Waste Master Plan and in the Arthur D. Little study. To implement such a combined operation the City and County have prepared an agreement setting forth each party's responsibility. The agreement has the effect of turning over the operation of the City's Sanitary Landfill to the County and results in the elimination of City personnel and equipment now required to operate the site. The City will retain ownership of the site and should realize an annual savings of approximately $135,000 in operating costs. Additional money will be obtained from the sale of the landfill equipment. The Governmental Efficiency and Personnel Com- mittee has previously considered the disposition of affected employees. It appears that all affected employees will be accounted for by January 1, 1975, the date of the agreement. Accordingly, we recommend approval of the Land- fill Agreement and authorize the Finance Department to dispose of the landfill equipment when it is no longer required. Upon a motion by Councilman Medders, report of the Budget Review and Finance Committee and an Agreement'between the City and the County of Kern for Operation of the City's Sanitary Landfill Site, were approved. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1249 to 1305, inclusive, in the amount of $282,538.12. Bakersfield, California, November 4, 1974 - Page 12 (b) Claim for Damages from Charles Barrios Gonzales, Sam Wesley Berry and Henry Lee Battle. (Refer to City Attorney) (c) Street Right-of-Way Deed from Bakersfield City School District - portion of right- of-way required for construction of Piper Way between Auburn Street and Highland High School property. (d) Plans and Specifications for resurfacing and paving portions of South Haley Street, South Brown Street, Lakeview Avenue, Virginia Avenue, Benton Street, Rosalia Drive, South Eye Street, Lindsey Drive and Monitor Street within the City of Bakersfield. Upon and (d) of the call vote: amotion by Councilman Strong, Items (a), (b), (c) Consent Calendar, were adopted by the following roll Ayes: Councilmen Strong, Barton, Bleecker, Heisey, Medders, Rogers Noes: None Absent: Councilman Thomas Upon a motion the amount of $3,500.00 by Councilman Strong, Budget Transfer in from the Council's Contingency Fund Account Number 11-510-6100 to the Fire Department's Account Number 11-640-3900, to replace all elements of the heating unit at Fire Station No. 1, with the exception of the boiler, was approved. Upon a motion by Councilman Strong, Budget Transfer in the amount of $2,400.00 from the Council's Contingency Fund Account Number 11-510-6100 to the City Manager's Account Number 11-520-7100, to complete the furnishing of the new Personnel Office and Community Development Director's Office, .was approved. Councilman Bleecker requested that an office with confi- dential secretarial services be made available to Councilmen in the performance of their duties. Bakersfield, California, November 4, 1974 - Page 13 Deferred Business. Adoption of Ordinance No. 2213 New Series of the Council of the City of Bakersfield adding Item 7 to Section 17~64.030 of the Municipal Code, pro- viding for use in the M-1 Zone of Livestock Slaughtering and processing wholly within a building, upon granting of Conditional Use Permit. Upon a motion by Councilman Medders, Ordinance No. 2213 New Series of the Council of the City of Bakersfield adding Item 7 to Section 17.64.030 of the Municipal Code, providing for use in the M-1 Zone of Livestock Slaughtering and processing wholly within a building, upon granting of Conditional Use Permit, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Bleecker, Heisey, Medders, Rogers Noes: None Absent: Councilman Thomas Hearings. This is the time set for public hearing before the Council on Resolution of Intention No. 896 of the Council of the City of Bakersfield, California, declaring its intention to order the construcfion 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; deter- mining that Bonds will be issued to represent assessments to be levied, and fixing the time and place for hearing protest and objections 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 posted, and notices sent to all property owners within the area. 110 Bakersfield, California, November 4, 1974 - Page 14 Vice-Mayor Heisey declared the hearing open for public participation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Medders, Resolution No. 90-7'4 of the Council of the City of Bakersfield ordering the work in Public Improvement District No. 896 and directing the City Clerk to post and publish Notice Inviting Bids therefor, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Bleecker, Heisey, Medders, Rogers Noes: None Absent: Councilman Thomas Upon a motion by-Councilman Medders, Resolution No. 91-74 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 in the matter of Public Improvement District No. 896, was adopted by the following roll call vote: Ayes Councilmen Strong, Barton, Bleecker, Heisey, Medders, Rogers Noes None Absent: Councilman Thomas This is the time set for public hearing on 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. This hearing has been duly posted. Vice-Mayor Heisey declared the hearing open for public participation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Bakersfield, California, November 4, 1974 - Page 15 Upon a motion by Councilman Rogers, Resolution No. 92-74 of the Council of the City of Bakersfield ordering the vacation of the Alley in Block 167, City of Bakersfield, and reservation of Public Utility Easements therein, was adopted by the following roll Noes: Absent: call vote: Ayes: Councilmen Strong, Barton, Bleecker, Heisey, Medders, Rogers None Councilman Thomas This is the time set for public hearing on Resolution of Ayes: Noes: Absent: Councilmen Strong, Rogers None Councilman Thomas Barton, Bleecker, Heisey, Medders, Intention No. 901 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation o£ the Alley in Block 8, Kruse Tract, between Truxtun Avenue and Sante Fe Tracks, T Street and U Street, and reservation of Public Utility Easements therein. This hearing has been duly posted. Vice-Mayor Heisey declared the hearing open for public participation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Bleecker, Resolution No. 93-.74 of the Council of the City of Bakersfield ordering the vacation of the Alley in Block 8, Kruse Tract, between Truxtun Avenue and Santa Fe Tracks, "T" Street and "U" Street, City of Bakersfield, and reservation of Public Utility Easements therein, was adopted by the following roll call vote: Bakersfield, California, November 4, 1974 - Page 16 Upon a motion by Councilman Rogers, the Mayor was requested to formally invite the students involved in "Teenage Government Day" to return to the Council meeting of Monday, November 18, 1974, and sit with the Council. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Bleecker, the meeting was adjourned at ll:00 P.M. ViCE-MAYOR of the C~Ity of Bakersfield, Calif. ATTEST: CITY C~fK and Ex~(~ffic~Z~ Clerk of fhe Council of the~City of Bakersf~d, California ma Bakersfield, California, November 18, 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., November 18, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Father Craig O'Neill of St. Joseph's Catholic Church. Present: Absent: The City Clerk called the roll Mayor Hart. None as follows: Councilmen Thomas, Barton, Bleecker, Medders, Rogers, Strong He isey, Minutes of the regular meeting of November 4, 1974 were approved as presented. Mayor Hart recessed the regular Council meeting for a Continued Joint Public Hearing of the Council of the City of Bakersfield and the Bakersfield Redevelopment Agency. Continued Joint Public Hearing of the Council of the City of Bakersfield and the Bakersfield Redevelopment Agency on the proposed amendments to the Redevelop- ment Plan and Draft Environmental Impact Report for the Downtown Bakersfield Redevelopment Project and the area proposed to be added to the Project. MAYOR HART: This is the time and place for the speciaI joint meeting of the Council and the Bakersfield Redevelopment Agency for the purpose of conducting a continued j~int public hearing on the proposed amendments to the Redevelopment Plan for the Downtown Bakersfield Redevelopment Project and the Draft Environmental Impact Report for the Redevelopment Project and the area proposed to be added to the Project. On November 4, 1974 the duly noticed joint public hearing of the Council and Redevelopment Agency was held. Following public comments on the proposed amendments to the Redevelopment Plan and Draft Environmental Impact Report it was moved and adopted by the Council and Redevelopment Agency that the Joint Public Hearing and Special Joint Meeting be continued to this date, time and place. Bakersfield, California, November 18, 1974 - Page 2 AGENCY VICE-CHAIRMAN CASPER: Requested the Secretary of the Redevelopment Agency to call the roll: Present: Agency Members Casper, Lee, Poehner, Stewart, Taber Absent: Agency Members King, Puder AGENCY VICE-CHAIRMAN CASPER: This is a special meeting: of the Redevelopment Agency. MAYOR HART: The record contains the proposed amendments to the Redevelopment Plan and the Redevelopment Agency Report to the Council on the proposed amendments, which contains the Draft Environmental Impact Report. The record also contains the Amended Rules Governing Participation by Owners, Operators of Businesses and Tenants, and the report and recommendation of the City Planning Commission approving the proposed amendments to the Redevelopment Plan. All written and oral communications received prior to the Joint Public Hearing on November 4, 1974 are part of the record. Cards were distributed to those persons in the audience requesting to speak or express their opinion of the proposed amend- ments. MAYOR HART: Under the law every person speaking must be sworn in by the City Clerk. I now declare the public hearing open for the City Council. AGENCY VICE-CHAIRMAN CASPER: I now declare the public hearing open for the Redevelopment Agency~ MAYOR HART: Under the law it preside over this Joint Public Hearing. senration of the Agency. At this time, is my responsibility to We shall have the pre- I would like to call on Mr. Bergen, Community Development Director of the Agency, to introduce the persons who will participate for the Agency and they have already been sworn in. COMMUNITY DEVELOPMENT DIRECTOR BERGEN: I am Harold Bergen, Community Development Director For the record, of the Bakersfield Bakersfield, California, November 18, 1974 - Page 3 Redevelopment Agency. Those persons who will be participating for the Agency are: Richard Foster, Community Development Director Eugene Jacobs and Mark Breakstone, Special Counsel for the Redevelopment Agency Richard Foster explained the activities of the Agency and City staff, since the hearing was continued two weeks ago, in an attempt to communicate with the property owners and tenants in the downtown area. Mr. Foster stated that there are persons in the proposed area who will be displaced and cited several corrections in the proposed ordinance approving and adopting the amendments and the report to the City Council on the proposed amendments to the Redevelopment Plan for the Downtown Bakersfield Redevelopment Plan. Mayor Hart requested that the cards distributed to the public requesting to speak or expressing their opinions of the proposed amendments be picked up. Mayor Hart requested the City Clerk to read the names and addresses of all persons, subsequent to the November 4, 1974 hearing, who have submitted written communications in favor of the adoption of the proposed amendments to the Redevelopment Plan and/or Environ- mental Impact Report: Communication was submitted by Richard Foster, Community Development Director, in regards to a verbal approval of the proposed amendments from Vernon Smith, part owner of property located at 2022-2024 Chester Avenue. Mayor Hart asked for oral statements and questions by persons in favor of the adoption of the proposed amendments to the Redevelopment Plan and/or Environmental Impact Report. After being sworn in by the City Clerk the following persons spoke in favor of the proposed amendments: Joe Henley, Lawrence F. Lawrence I. 1673 Chester Avenue Lake, 22nd Street & Chester Avenue Weill, 1420 - 19th Street Bakersfield, California, November 18, 1974 - Page 4 cards The Clerk reported that the following persons turned in favor of the amendments: Ida M. Simonson, 1919-1927 "K" Street in hearing, who have submitted written communications objecting to the adoption of the proposed amendments to the Redevelopment Plan and/or Environmental Impact Report. The Clerk reported that no communications have been received objecting to the proposed amendments. Mayor Hart asked for oral statements and questions by persons objecting to the adoption of the proposed amendments to the Redevelopment Plan and/or Environmental Impact Report. After being sworn in by the City Clerk the following persons spoke in opposition to the proposed amendments: Leo J. Wiener, 1100 - 18th Street Gary Stein, 19th & "L" Streets (Mr. Stein presented the Council and Staff with a lengthy questionnaire which was answered by Mr. Eugene Jacobs) The Clerk reported that the following persons turned in opposition to the amendments: Clyde Trammel, 1314 - l?th Street Gino Fanucchi, llO0 Truxtun Avenue Norire Sabonjian (Best Cleaners), 1600 - 1608 "F" Street cards Russell Hoenshell Questionnaire) After being sworn Downtown Business Association 1919 Chester Avenue, asked several questions regarding the options and position of the property owners in respect to the proposed downtown regional shopping center. xn by 'the City Clerk, Robert WardwelJ~, Bennie Shapiro, Ill0-1130 - 19th Street Mayor Hart requested thai the City Clerk read the names and addresses of all persons, subsequent to the November 4, 1974 Bakersfield, California, November 18, 1974 - Page 5 After being sworn in by the City Clerk, John Brock, 19,18 Chester Avenue, stated that a strong retail development in the down- town area is necessary to make downtown a viable area and he is definitely for the district development. After being sworn in by the City Clerk, Hugh Sill, Sill Building at 1508 - 18th Street, stated that the redevelopment of the downtown area is needed and the right of condemnation is an absolute necessity to accomplish this, and he is in favor of these proposals. After being sworn in by the City Clerk, Michael Belluomini, representing a family owned business in the downtown area, proposed a condominium type concept, owned by local businessmen, rather than a developer owned shopping center. Mayor Hart closed the public hearing for the purposes of the City Council. Agency Vice-Chairman Casper closed the public hearing for the purposes of the Redevelopment Agency. Mr. Eugene Jacobs stated it should be distinguished that this is a project amendment to expand the boundaries of the Redevelopment Area and establish certain legal powers, not the approval of the developer's contract for a regional shopping cent,~r which will be brought before the Agency and Council at a later date for approval. Redevelopment Agency members explained their support the proposed amendments. Adoption of Resolution No. RA31-74 of the Bakersfield Redevelopment Agency certifying, approving and adopting the Environmental Impact Report on the Downtown Bakersfield Redevelopment Project and the area proposed to be added to the Project. Upon a motion by Agency Member Taber, seconded by Agency Member Lee, Resolution No. RA31-74 of the Bakersfield Redevelopment Agency certifying, approving and adopting the Environmental Impact Report on the Downtown Bakersfield Redevelopment Project and the 118 Bakersfield, California, November 18, 1974 - Page 6 area proposed to be added to the Project, was adopted roll call Ayes: Noes: Absent: by the following vote: Agency Members Casper, Lee, Poehner, Stewart, Taber None Agency Members King, Puder Agency Vice-Chairman Casper, I hereby transmit to the City Clerk and the Council, Impact Report. the Resolution adopting the Environmental Adoption of Resolution No. RA32-74 of the Bakersfield Redevelopment Agency approving and recommending the adoption of Amendments to the Redevelopment Plan for the Downtown Bakersfield Redevelop- ment Project. Upon a motion by Agency Member Stewart, seconded by Agency Member Poehner, Resolution No. RA32-74 of the Bakersfield Redevelopment Agency approving and recommending the adoption of Amendments to the Redevelopment Plan for the Downtown Bakersfield Redevelopment Project, was adopted by the following roll call vote: Ayes: Agency Members Casper, Lee, Poehner, Stewart, Taber Noes: None Absent: Agency Members King, Puder Agency Vice-Chairman Casper, I hereby transmit to the City Clerk and the Council, the Resolution of the Agency approving and recommending that the Council adopt the proposed Redevelopment Councilman Bleecker reviewed, in detail, the proposed ordinance and Environmental Impact Report and asked numerous questions. During discussion, Mr. Jacobs stated that, for a point of clarification, this ordinance not only approves a boundary change but adds the power to move forward with the Redevelopment Plan; however, before the plan could be implemented further approval will be necessary. Plan. Bakersfield, California, November 18, 1974 - Page 7 119 During discussion, Councilman Rogers questioned the displacement of persons within the proposed area. Mr. Jacobs stated that in rechecking the total area there are 16 families, 133 single individuals and 81 dwelling to displacement. units subject Mr. Foster stated that most of these people are transients staying in hotels and it is not the problem it appears to be. First reading of an Ordinance of the City Council of the City of Bakers- field approving and adopting amendments to the Redevelopment Plan for the Downtown Bakersfield Redevelopment Project. After additional discussion, upon a motion by Councilman Barton, seconded by Councilman Heisey, first reading was considered given an Ordinance of the City Council of the City of Bakersfield approving and adopting amendments to the Redevelopment Plan for the Downtown Bakersfield Redevelopment Project, by the following roll call vote: Ayes: Councilmen Thomas, Rogers, None None There being no further Barton, Bleecker, Heisey, Medders, Strong discussion, Agency Vice-Chairman Noes: Absent: Casper adjourned the meeting of the Redevelopment Agency at 10:30 Mayor Hart declared a brief recess and reconvened the regular Council meeting at 10:35 P.M. introduced Scheduled Public Statements. Mr. Todd Madigan, Chairman of the Veteran's Affairs Council, Mr. Tom Corwin and Mr. Eston Reynolds of this organize-- Adoption of Resolution No. 94-74 of the Council of the City of Bakersfield supporting a National Cemetery in Kern County. tion and requested the Council to adopt a Resolution supporting a National Cemetery in Kern County. Bakersfield, California, November 18, 1974 - Page 8 Upon a motion by Councilman Bleecker, Resolution No. of the Council of the City of Bakersfield supporting a National Cemetery in Kern County, was adopted by the following roll call vote: Ayes: Councilmen Thomas, Barton, Rogers, Strong Noes; None Absent: None Mr. Vernon Lowe, State Department 94-74 Bleecker, Heisey, Medders of Weights and Measures, 1116 East California Avenue, requested that the Council adopt an Ordinance requiring gas station owners post prices of gasoline and distributed copies of a proposed ordinance. After discussion, upon a motion by Councilman Heisey, proposed ordinance requiring gas station owners to post prices of gasoline, was referred to the City Attorney and Business Development and Parking Committee for study and recommendation. Correspondence. Upon a motion by Councilman Medders, communication from C. E. Smith, Jr., Western Regional Manager of Warner Cable of Kern County, requesting a rate increase, was referred to the staff for report. Upon a motion by Councilman Heisey, communication from Melvin G. Davis, 407 Chester Avenue, informing the Council of the availability of a building, he owns, at 1501 Eye Street, for use by the City, was received and referred to the staff for report. Council Statements. Councilman Heisey stated that bids for the new Police Building were opened last week. Some Councilmen and Planning Commissioners feel that the building should face Truxtun Avenue rather fhan Eye Street and if it is going to be changed an agree- ment should be made with the successful bidder before the Contract is signed. Bakersfield, California, November 18, 1974 - Page 9 Councilman Heisey requested that the Budget Review and Financ~ Committee call a meeting this week and invite Dr. Sheldon and his Attorney, the Planning Commission Chairman and the City staff to try and resolve this issue. Councilman Barton read the following prepared statement: "In an editorial in the Bakersfield Californian, Tuesday, November 5, 1974, the Californian seems to have lost the concept o£ what are the basic responsibilities of the City Council and those of responsible Councilmen. One, the editorial dwelt with the issue of the rights o£ employees to organize into an association or to seek representation; two, the rights o£ our Chie£ of Police to conduct the affairs of his depart- ment. I have no disagreement with these two points, and I completely agree with the Californian. The employees do have the right to seek or not to seek representation, whether it be a union or some other form of association, and the Chief has the undisputed right and responsibility to manage the affairs o£ his department. But I believe the Cali£ornian did not recognize that the City Council has the overall responsi- bility to the citizens of Bakersfield to see that their taxes are spent in the most efficient manner possible and they, the City Council, must speak out when any division or subordinate body of our city government is wasting money. Because our City Charter has three Civil Service Com- missions, Police, Fire, and Miscellaneous, that are allowed to make their own rules of conduct and to go in whatever direction they want to, they can, in this type of antiquated system, spend our citizens' tax money without having the ultimate responsibility to the voters and the citizens of our city. This blank check giveaway of our taxes is a concept I cannot agree to, nor do the citizens of the ward I represent. This kind of a waste, I believe, could have been stopped or at least reduced to a minimum if the Council had the intestinal fortitude to demand that the Police Commission cease wasting taxes and complete their duties. The Californian strongly insinuated that I and other Councilmen may have violated the City Charter by suggesting that the Police Commission seat and use an uninterested Hearing Officer in their hearings. There are within this state agencies that do provide such independent Hearing Officers. In my opinion, these past delays and duplications of their hearings could have rapidly been brought to a conclusion had our suggestions been heeded and thereby eliminate the time and consuming use of their valuable time and those of our staff, and, therefore, 122 Bakersfield, California, November 18, 1974 - Page l0 possibly reducing the money waste of prolonged litigation. This would have resulted in tax money savings to the citizens and still provide the vehicle for the Commission to fulfill their duties and responsibilities in the Police dis- cipline matter. We, the City Council, have numerous boards and commissions to advise and give us guidance, and they do their tasks with dedication and dispatch, but we, the City Council, cannot delegate our basic responsibility, which is fiscal responsibi- lity, to anyone. I, for one, will not delegate my fiscal responsibility that was entrusted to me by the voters of my ward, and I intend, when- ever necessary, to continue to speak out anytime that I believe our tax money can be saved. I will not pass the buck nor will I condone -- wasting it." Reports. Councilman Rogers, Chairman of the Auditorium-Recreation Committee, read a report regarding Establishment of Student School Crossing Guard Program, as follows: On September 30, 1974, Mrs. Jill Haddad addressed the City Council with regard to establishment of a student school crossing guard program. The matter was referred to the Council Auditorium- Recreation Committee and Traffic Authority for study. The Auditorium-Recreation Committee held meetings on October 24 and November 6 with regard to this subject. Representatives from the school district, the individual responsible for the county school crossing guard program, and city staff from the Police, Auditorium-Recreation, legal, and City Manager's departments were present. At the committee's request, the Police Department contacted ten cities in the state (Fresno, Hayward, Ventura, Modesto, Pasadena, Orange, San Diego, Torrance, Oakland, and Stockton) who have had experience with the student program. Fresno, Modesto, San Diego, Oakland, and Stockton indicated that they presently have the program and are generally happy with it. The other cities stated that the program had not worked out for a variety of reasons; in part, due to problems in maintaining leaders, staffing the patrols, and a lack of interest. Title 5 of the California Administrative Code indicates that school districts are vested with the authority to establish such safety patrols. Further analysis also indicates that liability is a major factor to consider in this regard and, in such cases, is the responsibility of the school districts. Bakersfield, California. November 18, 1974 - Page ll In summary, the committee finds that student school crossing guard programs are the responsi- bility of the local school districts and are under their jurisdiction. The Committee recommends that the City, through the Police Department, provide whatever technical assistance the local school districts request if they decide to establish such a program in Bakers- field. Upon a motion by Councilman Rogers, report of the Auditorium-Recreation Committee regarding Establishment of Student School Crossing Guard Program and recommending that the City, through the Police Department, provide whatever technical assistance the local school districts request, if they decide to establish such a program in Bakersfield, was approved. Councilman Medders, Chairman of the Budget Review and Finance Committee, read a report regarding County Application for Emergency Medical Services Grant, as follows: On October 25, 1974, the Mayor and City Council received a letter from Kern County asking for city endorsement, in principle, of an applica- tion for an emergency medical services grant. This iiem was referred to the Council Budget Review and Finance Committee. Emergency medical services in Kern County are presently operated largely on an informal basis with little overall coordination. No overall system currently exists for carrying out these important services. The goal of the project is to establish an emergency medical services system for Kern County that will meet the standards prescribed by the Department of Health, Education and Welfare and the State Department o£ Health. It is important that Kern County be recognized as an area planning jurisdiction instead of being part of a multi- county agency. The purpose of the proposed grant is twofold: (1) to study the feasibility of establishing and operating a countywide emergency medical services program, and (2) to plan the establish- ment and actual operation of such a program. The County is applying for a $45,000 grant to carry out this purpose over a 12-month period. The support of this application by the city will entail no financial obligations or commit- ments. The city will be given the opportunity to provide whatever input it feels necessary into the study. Such participation could be similar to city involvement in preparation of the recently completed countywide disaster plan. Bakersfield, California, November 18, 1974 - Page 12 This Committee has reviewed the county applica- tion and met with Tom Folsom of the County Administrator's Office. Based on this review, we concur with the need for this feasibility study and recommend that the City Council endorse the project in principle. Upon a motion by Councilman Medders, report of the Budget Review and Finance Committee regarding County Application for Emergency Medical Services Grant and endorsing the project in principle, was approved. Councilman Bleecker, Chairman of the Governmental Efficiency and Personnel Committee, read a report regarding Police Department Union Election, as follows: At the November 4 City Council meeting, a letter was received from Mr. Randall Prevo, General Manager of the Kern County Employees' Association, and was referred by the Council to the Govern- mental Efficiency and Personnel Committee. This letter was in regard to a union election of police employees and listed nine demands by Mr. Prevo before his union would agree to the conduct of an election. As Chairman of the Governmental Efficiency and Personnel Committee, I am pleased to report that this issue was decided in court last week by Judge J. Ballentyne of Visalia. Judge Ballentyne ordered a secret ballot election for this Thursday, November 21, to be conducted by the State Conciliation Service. This order is almost identical to the election provisions as verbally agreed to by the City and the Employees' Association in August of this year. The only change is that the two suspended police officers will be allowed to vote; however, their ballots will be sealed and counted only if the election is so close that one or two votes would change the outcome. If it becomes necessary to count these two votes, the union can then challenge the election before the Governmental Efficiency and Personnel Committee or in the courts. Since Judge Ballentyne's ruling has been issued to the city and the union, I do not feel any further action is necessary in regard to Mr. Preyo's demands. Upon a motion by Councilman Bleecker, report of the Governmental Efficiency and Personnel Committee regarding Police Department Union Election, was approved. Bakersfield, California, November 18, 1974 - Page 13 Consent Calendar. The following items were listed on the Consent (a) Allowance o£ Claims Nos. 1306 to 1467, inclusive, in the amount o£ $177,044.58. (b) Claims for Personal Injuries from Marcelina Mendez, Aberlardo Mendez, Rodrigo DeAvilla, Adam A. Romero, Ignacio Tapia and Lenor Torres Guardian of Conrad Torres. (Refer to City Attorney) (c) (d) (e) (f) (g) Claim for Damages from Francis A. Moore, Jr., l107 Truxtun Avenue. (Refer to City Attorney) Claim for Damages from Pacific Telephone Company.(Refer to City Attorney) Sewer Line Easement £rom Tenneco Realty Development Corporation for portions of proposed White Lane and Wilson Road between Stine Road and Ashe Road (Section 15, T. 30 S., R. 27 E.). Notice of Completion and Acceptance of Work for street improvements under Parcel Map No. 1137 - Contract No. 73-67 with Robert W. Lynn. Plans and Specifications for construction of a Restroom-Storage Building and Security Lighting at Grissom Park. Calendar: Councilman Strong moved adoption of Items (a), (b), (c), (d), (e), (f) and (g) of the Consent Calendar, with the deletion of Claim Voucher No. 1329 in the amount of $4,095.90 to Martin and Flandrick, Attorneys, to be voted upon separately. After discussion, upon a substitute motion by Councilman Heisey, Items (a), (b), (c), (d), (e), (£) and (g) of the Consent Calendar, were adopted by the following roll call vote: Councilmen Bleecker, Heisey, Medders, Rogers Ayes: Councilmen Thomas, Barton, Strong Noes: Absent: None Councilman Strong stated, in clarifying his negative he was against the appointment for the reason they were hired to that firm. vote, of Martin & Flandrick, Attorneys, and will not endorse a blank check Bakersfield, California, November 18, 1974 - Page 14 Action on Bids. Upon a motion by Councilman Medders, low bid of Hoven and Company for Annual Contract for Blueprinting, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Heisey, low bid of A & D Backhoe Rentals for construction of Sanitary Sewer Mains in portions of future White Lane and Wilson Road, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, low bid of Salomon Pipeline for construction of Storm Drains at various locations within the City of Bakersfield, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. New Business Adoption of Emergency Ordinance No. 2214 New Series of the Council of the City of Bakersfield amending Section 4.16.110 of Title 4 of the Municipal Code, concerning Qualifications for Councilman. Very recently the Appellate Court struck down a one-year residency requirement for candidates for City Council as being violatire of the 14th Amendment. It is necessary that the .present one-year requirement of the Municipal Code be amended to conform to the constitution as expressed by the court decision, and be effective prior to November 27, 1974, when candidates may file nomination papers for the February 25, 1975 Councilmanic Election. The new residency requirement is 30 days prior to the first date possible for filing nominating papers for Councilman. Upon a motion by Councilman Strong, Emergency Ordinance No. 2214 New Series of the Council o£ the City of Bakersfield amending Section 4.16.110 of Title 4 of the Municipal Code, con- cerning Qualifications for Councilman, was adopted by the followtrig roll call Ayes: Noes: Absent: vote: Councilmen Thomas, Barton, Bleecker, Heisey, Medders, Rogers, Strong None None Bakersfield, California, November 18, 1974 - Page 15 Adoption of Resolution No. 95-74 of the Council of the City of Bakersfield approving the Kern County Federal Aid Urban Committee Process and the portion of the Program relating to the City of Bakersfield. Upon a motion by Councilman Medders, Resolution No. 95-74 of the Council of the City of Bakersfield approving the Kern County Federal Aid Urban Committee Process and the portion of the Program relating to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Noes: None Absent: None Councilmen Thomas, Barton, Bleecker, Heisey, Medders, Rogers, Strong Approval of Lease Agreement between the Kern County Employees Federal Credit Union and the City of Bakers- field. The Credit Union has requested minor alterations to the proposed Lease Agreement for the parking lot to be constructed at the southwest corner of Truxtun Avenue and "H" Street. The changes would restrict the use of the property for a parking lot only, limit improvement and operating costs, and protect the Credit Union from possible mechanics liens. Upon a motion by Councilman Barton, Lease Agreement between the Kern County Employees Federal Credit Union and the City of Bakersfield for the parking lot to be constructed at the south.- west corner of Truxtun Avenue and "H" Street, was approved and the Mayor was authorized to execute same. Hearings. This is the time set for public hearing on application of Tenneco Realty Development Corporation to amend the zoning boundaries from an "A" (Agricultural) Zone to a C-O-D (Commercial and Professional Office), or more restrictive, Zone, that certain property in the City of Bakersfield located on the north side of Stockdale Highway in the 5000 Block. Bakersfield, California, November 18, 1974 - Page 16 This hearing has been duly advertised, the property posted and property owners notified as required by law. This property is a 2.21 Acre parcel of land located adjacent to the east side of Occidental Petroleum Corporation administration offices. Property to the east is zone "A" and is undeveloped; to the south the zoning is C-1-D and C-O-D and is also undeveloped; to the west it is zoned C-O and is developed with Occidental Petroleum office facilities; and undeveloped property, to the north, is zoned "A" (Agricultural). The Planning Commission found the C-O-D zoning of subject property compatible with the zoning and development of adjacent properties, consistent with the Land Use Element of the General Plan, would not have a significant ment and patton. adverse effect on the environ- recommended approval. Mayor Hart declared the No protests or objections were received. hearing open for public partici- Mr. Chuck Tolltee was present as a representative of Tenneco Realty Development - Corporation, the applicant for the proposed zone change. The public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Medders, Ordinance No. 2215 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 located on the north side of Stockdale Highway in the 5000 Block, finding that said zone change would not have a substantial:, adverse impact on the environment and that it is consistent with the General Plan, was adopted by the Ayes Councilmen Thomas, Barton, Rogers, Strong Noes None following roll call vote: Bleecker, Heisey, Medders, Absent: None 129.. Bakersfield, California, ~ovember 18, ]~74 - Page 17 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Strong, the meeting was adjourned at 11:45 P.M. Bakersfield .if. MAYO~ of the City of ATTEST: of the City of Bakersfiel~ California ma Council Bakersfield, California, November 25, 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., November 25, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Reverend Ross McGuire o£ the College Heights Congregational Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Barton (seated at 8:25 P.M.), Bleecker, Heisey, Medders, Rogers, Strong, Thomas Absent: None Minutes of the regular meeting of November 18, 1974 were approved as presented. Mayor Hart welcomed and introduced the student counter- parts for the Office of Mayor and members of the Council who participated in the Annual Teenage Government Day on Wednesday, November 13, 1974. Student Mayor Greg Fraser stated that adopted the following proposals for the Council tion: the student City Council's considera- That a survey be taken by the City of Bakersfield, County of Kern and High Schools to determine the need of Bicycle Paths in the school areas. That a separate Teenage Government Day be held by the City and County because of problems that have arisen due to conflicting interests. This would further broaden the students awareness of the role the City and County have in our society. Upon a motion by Councilman Heisey, Proposal No. 1 regarding Bicycle paths was referred to the Traffic Authority for study and recommendation; and Proposal No. 2 regarding separate Teenage Government Days was referred to the Intergovernmental Relations Committee. Scheduled Public Statements. Mrs. Marie Dickinson, 1733 Cypress Circle, addressed the Council regarding "Project: Safer California" (a blueprint for Bakersfield, California, November 25, 1974 - Page 2 regional and State control of local law enforcement), requested adoption of a resolution in opposition to the project and suggested the following: 1. Letter o~ telegram be sent to Governor Reagen, Senator Stiern and Assemblyman Elect Bill Thomas, objecting to the Project as it is the organizational framework of a Police State. 2. Instruct Chief of Police Price to register the City oT Bakersfield's objection to the Project during the Governor's Conf'erence in Sacramento, December 2, 3 & 4, 1974. 3. Voice objection to an Executive Order that Governor Reagen plans to give on December 31, 1974. This order would declare the standards of "Project: Safer California" in operation in the State of California. Send copies of this objection to Senator Stiern and Assemblyman Elect Bill Thomas. Councilman Rogers stated that Chief of Police Price will be attending the Conference on "Project: Safer California" in Sacramento on December 2, 3 & 4, 1974, and will make a report to the Council. During discussion, upon a motion by Councilman Heisey, the Governmental Efficiency and Personnel Committee was instructed to thoroughly study "Project: Safer California" and come back to the Council with a recommendation. Councilman Thomas stated that the proposed objections should also be sent to Assemblyman Gonzales. Correspondence. Upon a motion by Councilman Thomas, communication from the Tejon Investment Company requesting annexation of a portion of Tenative Tract No. 3698, was referred to the Planning Commission for study and recommendation. Councilman Heisey abstained from voting on this motion due to an interest in Tejon Investment Council Statements Reappointment of Public Works Director Calvin A0 Bidwell as member of the Board of Zoning Adjustment. Upon a motion by Councilman Bleecker, Calvin A. Bidwell was reappointed to the Board for three year term expiring December 1, 1977. Compalay. Public Works Director of Zoning Adjustment 132 Bakersfield, California, November 25, 1974 - Page 3 Appointment of Acting Building Director Philip L. White as member of the Board of Zoning Adjustment. Upon a motion by Councilman Bleecker, Acting Building Director Philip L. White was appointed to fill the vacancy on the Board of Zoning Adjustment, for term expiring December 1, 1975. Appointment of Acting Building Director Philip L. White as Ex-Officio Member and Secretary of the Board of Building and Housing Appeals. Upon a motion by Councilman Bleecker, Acting Building Director Philip L. White was appointed as Ex-Officio Member and Secretary of the Board of Building and Housing Appeals. The (a) (b) (c) Consent Calendar. following items were listed on the Consent Calendar: Allowance of Claims Nos. 1468 to 1612, inclusive, in the amount of $234,512.16. Notice of Completion and Acceptance of Work for street and sewer improvements under Tract No. 3598 B - Contract No. 74-14 with Stockdale Development Corporation. Easement for public road purposes from Tenneco Realty Development Corporation for Parcel Map 2623 (along west side of Madison Avenue south of Ming Avenue). Upon a motion by Councilman Strong, Items (a), (b) and (c) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Barton, Bleecker, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: None Action on Bids. Award of Contract for construction of new Police Building. Councilman Medders, Chairman of the Budget Review and Finance Committee, read a report regarding Award of Bid - Police Building, as follows: Bakersfield, California, November 25, 1974 - Page 4 It is the recommendation of the Police Depart- ment, Architect, and this committee that an award of $3,059,040.00 be made to Fred S. Macomber for the construction of the new police facility to be constructed in the City of Bakersfield on the property bounded by Truxtun Avenue, Eye Street, 16th Street and "H" Street. It is further recommended that the Council delete the radio, electronic, and television sub-bids, in the amount of $238,078.00 made by AC Electric to the general contractor. ~t is the feeling of the Architect and this Committee that this particular part of this bid appears to be excessive and must be reviewed in greater detail. After being reviewed, this particular radio and electronic sub-contract will be presented to the Council for rebid. It should be noted that AC Electric was the same sub- contractor to all general contractors submitting bids under this bid award. This will have the effect of reducing the amount of award to a figure of $2,820,962.00. Upon a motion by Councilman Medders, report of the Budget Review and Finance Committee, awarding the bid for construction of the new Police Facility to Fred S. Macomber, with deletion of the radio, electronic and television sub-bids in the amount of $238,078.00 to be re-bid at a later date, was approved by the following roll call vote: Ayes: Councilmen Barton, Bleecker, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: None Councilman M~dders, Chairman of the Budget Review and Finance Committee, read a report regarding Police Bm~lding Location, as follows: This committee met on Wednesday, November 20~ 1974, and again on Monday, November 25, 1974, to ascertain the facts concerning the availa- bility or,he Sheldon property located at the corner of "H" Street and Truxtun Avenue and what effect, if any, the immediate property acquisition would have on the positioning of the police building. The facts concerning this property acquisition are as follows: Dr. Sheldon and his attorney, Mr. Bianco, will agree to give the City the right of possession at midnight, January 8, 1975, Bakersfield, California, November 25, 1974 - Page 5 so that the contractor may begin work on that site on January 9, 1975. The architect and the contractor have both stated that this is the last possible date that work may commence under the bid as presented. The City must deposit $105,000.00 towards the purchase of the Sheldon property, pending settlement. Dr. Sheldon has indicated that to give us possession on this date a double move would be required for him and that the cost of the second move should be borne by the City in an amount not to exceed $1,000.00. The contractor has indicated that adminis- trative costs for the delay between December 9, 1974, and January 9, 1975, would accrue in the amount of $1,600.00 per week for an amount of approximately $8,000.00 to cover the five week delay period. The contractor has indicated that because of necessary additional temporary construction shoring for the Truxtun Avenue facing, an additional amount of $[0,000.00 would be necessary in the form of a change order to his original bid. The total additional costs to the City for the Truxtun Avenue facing would be $19,000.00 The Planning Commission of gone on record as favoring Avenue facing. the City has the Truxtun The Police Chief has indicated that the Eye Street side would be tactically more advantageous in the event of riot control, general accessibility, and future civic center development. This committee has not made a recommendation but has rather attempted to ascertain the facts relative to this question and is leaving it to the Council to make the final decision. Councilman Rogers asked if the additional $19,000.00 is available, if the Council decides to face the building on Truxtun Avenue. Finance Director Haynes stated that there are sufficient reserve funds in the Revenue Sharing account to cover the additional costs. Councilman Rogers moved that the new Police Building be fronted on Truxtun Avenue and the required additional funds be allocated. Bakersfield, California, November 25, 1974 - Page 6 City Attorney Hoagland stated that any action, by the Council, to front the new Police Building on Truxtun Avenue should include a contingency that Dr. Sheldon vacate his building and make it available for demolition on January 9, 1975, or the project will not go forward on Truxtun Avenue. Councilman Heisey stated that is one of the contingencies, Dr. Sheldon will vacate that property by January 9, 1975, or the new Police Building will automatically face Eye Street and that was clearly understood by all the participants in the discussions. Mr. Robert Stuhr, Architect, presented drawings of the new Police Building fronting both Eye Street and Truxtun Avenue and answered questions of the Council. Chief of Police Price answered questions of the Council and stated that the Eye Street fronting would be more advantageous. Councilman Thomas offered a substitute motion that the new Police Building face Council. Kenneth Vetter, Eye Street as previously approved by the Chairman of the Planning Commission, stated that the Planning Commission is on record supporting the Truxtun Avenue fronting and requested that the Council make the same decision. After a lengthy discussion, Councilman Thomas' substitute motion that the new Police Building face Eye Street as previously approved by the Council, failed to carry by the following roll ca13L vote: Ayes: Bleecker, Thomas Noes: Medders, Rogers, Strong Absent: Councilmen Barton, Councilmen Heisey, None Councilman Rogers' motion 'that the new Police Building front Truxtun Avenue and the required additional funds be allocate(] from the reserve funds in the Revenue Sharing account, was approved by the following roll call vote: Ayes: Councilmen Heisey, Noes: Councilmen Barton, Absent: None Medders, Rogers, Strong Bleecker, Thomas Councilman Bleecker stated that he has a lot of qualms about the agreemenf with Dr. Sheldon and feels the City has been "had" for a lot of money, $19,000.00 of it is in the report. For the record he has always been in favor of a new Police Building and if it is going to front Truxtun Avenue and cost the City a lot of extra money then he will just have to live with it. Upon a motion by Councilman Medders, low bid of Fred S. Macomber for construction of the new Police Building, with deleiida of the radio, electronic and television sub-bids in the amount of $238,078.00 to be re-bid at a later date, was accepted, all other bids rejected and the Mayor was authorized to execute the contract, by the following roll call vote: Ayes: Noes: Absent: Councilmen Barton, Bleecker, Strong, Thomas Heisey, Medders, Rogers, None None Upon a motion by Councilman Thomas, City Attorney Hoagland was instructed to meet with Dr. Sheldon's attorney and finalize the agreement, regarding vacating the building on the southeast corner of Truxtun Avenue and "H" Street, which will be presented at next week's Council meeting for approval. Deferred Business. Adoption of Ordinance No. 2216 New Series of the Council of the City of Bakersfield approving and adopting amendments to tb~e Redevelopment Plan for the Downtown Bakersfield Redevelop- ment Project. Upon a motion by Councilman Bleecker, Ordinance No. 2216 New Series of the Council of the City of Bakersfield approving and adopting amendments to the Redevelopment Plan for the Downtown Bakersfield, California, November 25, 1974 - Page 8 Bakersfield Redevelopment Project, was roll call vote: Ayes: Councilmen Barton, Bleecker, Strong, Thomas Noes: None Absent: None adopted by the following Heisey, Medders, Rogers, New Business Approval of Agreement between the City of Bakersfield and Biggar, Frapwell, Ghezzi and Cartnal, Architects, out- lining conditions for architectural services necessary to develop the new Corporation Yard. Upon a motion by Councilman Medders, Agreement between the City of B~kersfield and Biggar, Frapwell, Ghezzi and Cartnal, Architects, outlining conditions for architectural services necessary to develop the new Corporation Yard, 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 Barton, the meeting was adjourned at 9:25 P.M. M~~'~h Ci~ty 0f Bakersfield, Calif. ATTEST: oun . of the Gity of Bakers~ld, California ma Bakersfield, California, December 2, 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., December 2, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Reverend T. James Baker, St. of the Cain Memorial African Methodist Episcopal Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rogers, Strong, Thomas, Barton Absent: None Minutes of the regular meeting of November 25, approved as presented. Correspondence. 1974 were An invitation from the Kern County Housing Authority was extended to the Mayor and members of the Council to attend an Open House at their New Section 23, Lease Department and Housing Appli.- cation Offices, 231 Colin Kelly Drive, Oildale, to be held on December 6, 1974, from 3:00 P. M. to 6:00 P. M. Upon a motion by Councilman Heisey, communication from the Greater Bakersfield Chamber of Commerce informing the Council that the representative from the City of Bakersfield to the Kern County Economic Development Advisory Committee, Mr. Bob Hoven has submitted his resignation and suggested Mr. Loren Hodge, Executive Vice-President of the Chamber of Commerce as a replacement, was received and placed on file. Upon a motion by Councilman Heisey, City of Bakersfield's Financial Report for Fiscal Year 1973-74 and City of Bakersfield's Revenue Sharing Funds Financial Statements with report of Elmer Fox and Company, Certified Public Accountants, for year ended June 30~, 1974, were received and referred to the Budget Review and Finance Committee. Bakersfield, California, December 2, 1974 - Page 2 Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1613 to 1686, inclusive, in the amount of $37,939.90. (b) Construction Change Order No. 2 Contract No. 74-47 with Cal-Western Retaining Wall, Inc., for the construction of Mayflower Storm Drain Project; HUD Project No. WSF-CA-09-16-1046 and HUD Project No. WSF-CA-09-16-1069. (c) Notice of Completion and Acceptance of Work for construction of Mayflower District Storm Drain; HUD Project No. WSF-CA-09-16-1046 and HUD Project No. WSF-CA-09-16-1069 - Contract No. 74-47 with Cal-Western Retaining Wall, Inc. Notice of Completion and Acceptance of Work for concrete construction of Land- scaped Traffic Barriers in the Downtown Parking Mall Contract No. 74-93 with Jim Alfter. (e) Notice of Completion and Acceptance of Work for Masonry construction of Land- scaped Traffic Barriers in the Downtown Parking Mall Contract No. 74-92 with Manuel Valdez. (f) Notice of Completion and Acceptance of Work for street and sewer improvements under Tract No. 3660 Unit A - Contract No. 73-105 with Vimark, Inc. ADDENDUM Budget Transfer from the Council's Contingency Fund Account No. 11-510-6100 to the City Clerk's Account No. 11-516-7100 in the amount of $600.00, for completion of remodeling of the City Clerk's and Personnel Offices. Upon a motion by Councilman Strong, Items (a), (b), (c),. (d), (e), (f) and Addendum of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rogers, Strong, Thomas, Barton Noes: None Absent: None Action on Bids. Upon a motion by Councilman Bleecker, low bid of Kern Fence Construction for construction of fence at 32nd and "K" Streets Sump, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Bakersfield, California, December 2, 1974 - Page 3 New Business. Renewal of Lease Agreement with Warner Cable of Kern County, Inc. Upon a motion by Councilman Medders, Lease Agreement with Warner Cable of Kern County, Inc., for use of City property at the Municipal Farm for an antenna site at of $230.00, was renewed for a period of five December 31, 1979. Approval of Cooperative Agreement between the City of Bakersfield and the County of Kern. an annual rental rate years, expiring on Upon a motion by Councilman Strong, Cooperative Agreement between the City of Bakersfield and Robert and Harriet Sheldon regarding stipulation for possession of Sheldon property, located on the southeast corner of Truxtun Avenue and "H" Street, before January 9, 1975. Councilman Bleecker offered a substitute motion to amend the Agreement by adding the following clause: That the property owners agree to furnish the City a certified appraisal of the property prior to January 9, 1975 as a demonstration of good faith and willingness to arrive at an amicable settlement of the value of said property. City Attorney Hoagland stated that the City has been assured by Dr. Sheldon that an appraisal will be made, and Dr. Approval of Agreement between the City of Bakersfield and Robert and Harriet Sheldon regarding Stipulation for possession of Sheldon property. Councilman Medders made a motion to approve the Agreement ment Program. between the City of Bakersfield and the County of Kern for construc- tion of 48" drainage pipeline along the extension of Quantico Avenue from Brundage Lane south to an existing drain on State Highway 58 at a cost of $3,497.00, was approved. This agreement will commit the Council to budget the $3,497.00 in the 1975-76 Capital Improve- Bakersfield, California, December 2, 1974 - Page 4 Sheldon's attorney would advise him against signing the agreement if such a condition is inserted. Councilman Bleecker requested the City Attorney, at $50.00 per hour starting December 3, 1974, to figure how much time the Attorney's office will have to spend until the issue with Dr. Sheldon is finally adjudicated. After discussion, Councilman Bleecker's substitute motion to amend the agreement by adding the following clause: That the property owners agree to furnish the City a certified appraisal of the property prior to January 9, 1975 as a demonstration of good faith and willingness to arrive at an amicable settlement of the value of said property, failed to carry by the following roll call vote: Ayes: Noes: Absent: Councilmen Bleecker, Thomas, Barton Councilmen Heisey, Medders, Rogers, Strong None Councilman Medders' motion to approve the Agreement between the City of Bakersfield and Robert and Hatlet Sheldon regarding stipulation for possession of Sheldon property, located on the southeast corner of Truxtun Avenue and "H" Street, before January 9, 1975, carried by the following roll call vote: Ayes: Councilmen Heisey, Medders, Rogers, Strong Noes: Councilmen Bleecker, Thomas, Barton Absent: None Councilman Barton stated, for the record, that last week and tonight he voted against the wasting of $19,000.00 to front tbe new Police Building on Truxtun Avenue. Hearings. This is the time set for public hearing on application of Esther Mallard to amend the zoning boundaries from an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone and a C-1-D (Limited Commercial - Architectural Design) Zone, to an M}[ (Mobilehome), or more restrictive, Zone, that certain property in Bakersfield, California, December 2, 1974 - Page 5 the City of Bakersfield located on the southwest corner of Planz Road and South Chester Avenue. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. The majority of this parcel is presently zoned R-2-D with only a narrow strip on the north zoned C-1-D. Prior to the R-2-D zoning the property was zoned R-2-MH-D (Limited Multiple Family Dwelling - Mobilehome - Architectural Design) Zone. Both these zones are similar, with the only difference being that the latter allows mobilehomes. The proposed project does not contemplate the destruction of any natural, cultural historical or scenic sights; will not significantly contribute to or be affected by any pollution probl,~ms and does not indicate a significant change in land use or population centers. Consequently, a negative declaration was made and posted in City Hall on October l, 1974, in compliance with the California Environmental Quality Act. The Planning Commission recommended approval of this zone change as requested and advertised. Mayor Hart declared the hearing open for public partici.- patton. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Barton, Ordinance No. 2217 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 southwest corner of Planz Road and South Chester Avenue, finding that said zone change would not have a substantial adverse impact on the environment and that it is consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rogers, Strong, Thomas, Barton Noes: None Absent: None Bakersfield, California, December 2, 1974 - Page 6 Upon a motion by Councilman Heisey, information pertaining to the Community Development Act of 1974, was referred to the Budget Review and Finance Committee for study and recommendation. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Bleecker, the meeting was adjourned at 8:35 P.M. MAYOR of Bakersfield, Calif. ATTEST: CITY CL~K and~Ex-O~icio Clerk of the Council of the/City of Bak~field, California ma 144 Bakersfield, California, December 9, 1974 Present: Absent: 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., December 9, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Reverend Richard Gerbrandt of the Mennonite Brethren Church. The City Clerk called the roll as follows: Mayor Hart. Councilmen Heisey, Medders, Rogers, Strong Thomas, Barton, Bleecker approved None Minutes of the as presented. regular meeting of December 2, 1974 were Municipal against a Scheduled Public Statements. Mr. Robert Richardson, 615½ "K" Street, addressed the Council regarding a complaint he filed against a Bakersfield Police Officer and the procedures involved in the investigation of that complaint. During discussion, City Manager Bergen explained the procedures, as set out in Section 3.14.310 of the Bakersfield Code, that must be followed when filing a complaint Police Officer. Correspondence. Councilman Barton read the following communication from the Downtown Business Association: Bakersfield City Council Business Development and Parking Committee 1501 Truxtun Avenue Bakersfield, California 93301 Attention: Councilman James Barton, Chairman Gentlemen: Businesses within the Downtown District are presently experiencing the greatest activity of recent years. The increase in business activity downtown is having a positive impact on the economy of Bakersfield. However, the increase in business and the loss of parking Bakersfield, California, December 9, 1974 - Page 2 through new construcl~on downtown has created a critical parking shortage. Available down- town parking can no longer accomodate customers who do business here and employees who work here. This shortage must be alleviated immediately, by temporary measures if necessary. Also, a long-term plan for adequate downtown parking should be sought. The Board of Directors of the Downtown Association held a special board meeting this date, December 5, to discuss this problem. A motion was made to: request the City Council to consider the formation of a Parking Authority for the purpose of eva~uating and solving the parking shortage in the downtown area. The motion was seconded, and carried unanimously. There were twelve directors; ten constitutes a quorum. We, therefore, respectfully request that the City Council consider the establishment of a Parking Authority for the City of Bakersfield. We feel strongly that a Parking Authority could evaluate parking needs, determine critical shortage areas, and effect solutions to parking problems which exist. Very truly yours, DOWNTOWN BUSINESS ASSOCIATION George Xezonatos, Parking Committee Chairman Richard Ramkey, President Councilman Barton moved that the communication from the Downtown Business Association requesting the establishment of a Parking Authority for the purpose of evaluating and solving the parking shortage in the downtown area be received, referred to the Business Development and Parking Committee for study and also referred to the staff for a report at the December 16, 1974 Council meeting. City Manager Bergen stated that the staff report would set out the procedures that are necessary to form a Parking Authority but would not include a detailed study of the downtown parking needs. Councilman Rogers requested that the report include the powers of a Parking Authority. Bakersfield, California, December 9, 1974 - Page 3 Councilman Bleecker offered a substitute motion that the communication from the Downtown Business Association be received,. report from the staff be referred to the Business Development and Parking Cormmittee for its consideration and the Co~unittee come back to the Council with a recommendation. Councilman Barton stated that the reason for his motion regarding the staff report on December 16th is to make the entire, Council aware of what a Parking Authority consists of and what avenues the Council can follow in implementing a Parking Authority structure. After discussion regarding Councilman Barton's motion, Councilman Bleecker withdrew his substitute motion. Councilman Barton's motion that the Communication from the Downtown Business Association requesting the establishment of a Parking Authority for the purpose of evaluating and solving the parking shortage in the downtown area, be received, referred to the Business Development and Parking Committee for study and also referred to the staff for a report that will set out the procedures necessary to form a Parking Authority, for presentation to the entire Council at the December 16, 1974 Council meeting was approved. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1687 to 1751, inclusive, in the amount of $43,498.46. (b) Claim for Damages from State of California, Department of Transportation. (Refer to City Attorney) (c) Plans and Specifications for the Construction of Tennis Courts at Siemon Park, Wayside Park and Centennial Park. (d) Grant Deed from Tenneco Realty Development Corporation for 34.46 acre parcel for new Corporation Yard. Bakersfield, California, December 9, 1974 - Page 4 (e) Access Easement from Tenneco Realty Develop- ment Corporation - provides road access between Oak Street and new Corporation Yard. Upon a motion by Councilman Strong, Items (a), (b), (c), (d) and (e) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Heisey, Barton, Noes: None Absent:None Medders, Rogers, Strong, Thomas, Bleecker Councilman Bleecker stated that when construction begins on the new Corporation Yard and access roads that the people in the Fourth Ward would appreciate it if the Public Works Department would keep the roads dampened to help prevent dust, etc. Action on Bids. Upon a motion by Councilman Heisey, low bid of Griffith Company for resurfacing and paving portions of various City Streets, was accepted, the other' bid rejected, the Mayor was authorized to execute the contract and authorization was granted to expend funds available in the Special Gas Tax Funds of the Council's Contingency Fund, in the amount of $9,000.00, as this item exceeded the amount budgeted. 30, 1974. New Business Adoption of Resolution No. 96-74 of the Council of the City of Bakers- field deleting a Council Meeting in the month of December, 1974. This resolution deletes the Council Meeting of December Upon a motion by Councilman Bleecker, Resolution No. 96-74 of the Council of the City of Bakersfield deleting a Council meeting in the month of December, 1974, was adopted by the following roll call vote: Ayes: Councilmen Heisey, Barton, Noes: None Absent: None Medders, Rogers, Strong, Thomas, Bleecker 148 Bakersfield, California, December 9, 1974 - Page 5 Adoption of Resolution No. 97-74 of the City Council of the City of Bakersfield, California, awarding the Contract for doing the Work in "Public Improvement District No. 896," pursuant to a Resolution of Intention adopted by said City Council on the 23rd day of September, 1974. Upon a motion by Councilman Thomas, Resolution No. 97-74 of Award of the City Council of the City of Bakersfield, California, awarding the Contract to Colecrest Equipment Company, for doing the work in "Public Improvement District No. 896," pursuant to a Resolution of Intention adopted by said City Council on the 23rd day of September, 1974, was adopted by the following roll call vote: Ayes: Councilmen Heisey, Medders, Rogers, Strong, Thomas, Barton, Bleecker Noes: None Absent: None Ayes: Noes: None Absent: None Adoption of Resolution of Intention No. 903 of the Council of the City of Bakersfield, declaring its intention to order the vacation of Public Utilities Easements in the former Alley in Block 144 and the former portion of Eureka Street. Adoption of Resolution of Intention No. 902 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of the Alley in Block 148 on the north side .... . of 23rd Street, City of Bakersfield. Upon a motion by Councilman Bleecker, Resolution of Intention No. 902 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of the Alley in Block 148 on the north side of 23rd Street, City of Bakersfield and setting January 6, 1975 for hearing on the matter before the council, was adopted by the following roll call vote: Councilmen Heisey, Medders, Rogers, Strong, Thomas, Barton, Bleecker Bakersfield, California, December 9, 1974 - Page 6 Upon a motion by Councilman Thomas, Resolution of Intention No. 903 of the Council of the City of Bakersfield, declaring its intention to order the vacation of Public Utilities Easements in the former alley in Block 144 and the former portion of Eureka Street and setting January 6, 1975 for hearing on the matter before the Council, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Strong, Thomas, Barton, Bleecker. Noes: None Absent: None Abstaining: Councilman Heisey Adoption of Resolution No. 98-74 of the Council of the City of Bakersfield, State of California, extending time by one month within which affected property owners must be ready to receive underground service and within which affected utilities must under- ground facilities in Division 3 of Underground Utility District No. 2. Upon a motion by Councilman Thomas, Resolution No. 98-74 of the Council of the City of Bakersfield, State of California, extending time by one month within which affected property owners must be ready to receive underground service and within which affected utilities must underground facilities in Division 3 of Underground Utility District No. 2, was adopted by the following roll call vote: CouncilmenHeisey, Medders, Rogers, Strong, Thomas, Barton, Bleecker Ayes: Noes: None Absent: None Approval of Annexation Boundaries designated as Panorama No. 2. Upon a motion by Councilman Rogers, Annexation Boundaries designated as Panaroma No. 2, located easterly of Maywood Drive and northerly of Auburn Street and containing 2.7 acres + of undeveloped land, were approved and referred to the City Engineer Bakersfield, California, December 9, 1974 - Page and City Attorney from voting on this the annexation. for referral to LAFC. Councilman Heisey abstained item due to an interest in the company requesting Hearings. This is the time set for public hearing before the Council for hearing protests by persons owning real property within territory designated as "Kern River No. 4," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised,the property posted and notices sent to all property owners as required by law. 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 Thomas, the hearing on the annexation of "Kern River No. 4," was continued until February 10, 1975, in order to obtain additional signatures to complete the annexation, 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 before the Council for hearing protests by persons owning real property within territory designated as "Kern River No. 5," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, the property posted and notices sent to all property owners as required by law. 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. Bakersfield, California, December 9, 1974 - Page 8 1 51 Upon a motion by Councilman Rogers, the hearing on the annexation of "Kern River No. 5," was continued until ~ebruary 10, 1975, in order to obtain additional signatures to complete the annexatio~ by the following roll call vote: Ayes: Councilmen Heisey, Barton, Noes: None Absent: None Medders, Rogers, Strong, Thomas, Bleecker Adjournment. There being no further business to come before the Council, upon a motion by Councilman Thomas, the meeting was adjourned at 8:45 P.M. M Y~y of Bakersfield, Calif. ATTEST: CiTY ~..RK~n~E~x-~f i~io~ Clerk o£ t he of t~e City of Ba~sfield, California ma Council Bakersfield, California, December 16, 1974 Minutes of a regular meeting of t~e Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., December 16, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Reverend Brian Endicott, Director of Pastoral Counseling, Kern View Hospital. 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 December 9, 1974 were approved as presented. Councilman Bleecker, Chairman of the Governmental Efficiency and Personnel Committee, read a report regarding Project: Safer California, as follows: At the Council Meeting on November 25, 1974, the Council referred to this committee for study and report "Project:Safer California." On December 2, 3, and 4, a Governor's Conference on this subject was held and Police Chief Robert Price was in attendance. On Wednesday, December 11, 1974, the committee met to discuss the matter and Chief Price was present to brief the committee on the project and its impact on the Bakersfield Police Department. As originally proposed, "Project: Safer Cali- fornia" was to have been ratified by lhe Governor on December 31, 1974. That possible ratification now has been postpooned until September, 1975, and the project has been referred back to the local regions for further study. Chief Price is currently evaluating our standards as they relate to the proposed guidelines in "Project: Safer California" and will present a detailed report to this committee in February. Based upon the time extension for ratification of the project and the pending report from the Chief of Police, this committee recommends that the Council postpone any action on this matter until after the Chief's report can be studied in detail. Upon a motion by Councilman Bleecker, report of the Governmental Efficiency and Personnel Committee regarding Project: Bakersfield, California, December 16, 1974 - Page 2 Safer California, recommending that the Council postpone any action on this matter until the Chief o£ Police's report can be studied in detail~ was accepted. Scheduled Public Statements. Mrs. Marie Dickinson, 1733 Cypress Circle, addressed the Council in opposition to "Project: Safer California," and requested the Council to work for the repeal of Assembly bill 1306 which established the office of Criminal .Justice Planning. Mrs. Ann Monroe, 236 North Stine Road, wished the Mayor~ Council and Staff a Merry Christmas. Correspondence. Communication from the Kern County Health Department regarding Emergency Medical Services System and inviting the Council or a representative to attend meetings of the committee~ was received. Upon a motion by Councilman Medders, communication from Elmer Fox and Company, Certified Public Accountants, regarding the Annual Audit for the City of Bakersfield for year ended June 30, 1974, was received and ordered placed on file. Upon a motion by Councilman Heisey, communication from Francis A. Moore, Jr., 2405 Spruce Street, regarding sewer back- up damages, was received and referred to the staff. Council Statements. Councilman Heisey moved to reappoint Mr. Stanley E. Jones and Mr. Donald H. Whipple to the Miscellaneous Departments Civil Service Board and Mrs. Maxine Simpson to the Citizens Auditorium- Recreation Committee. Councilman Barton stated that there are six appointments to be made before the end of the year and requested that this item be deferred until the next Council meeting as he would like to submit names for Council consideration. Bakersfield, California, December 16, 1974 - Page 3 Councilman Heisey stated that these three persons have requested reappointment and have done an outstanding job and cannot see any reason to defer the appointments for another week. Councilman Thomas offered a substitute motion that the Council postpone, for one week, the nominations of agency or com- mission members. After discussion, Councilman Thomas' substitute motion that the Council postpone, for one week, the nominations of agency or commission members, failed to carry by the following roll call vote: Ayes: Noes: Absent: Councilmen Strong, Thomas, Barton Councilmen Medders, Rogers, Bleecker, Heisey None Councilman Heisey's motion to reappoint Mr. Stanley E. Jones and Mr. Donald H. Whipple to the Miscellaneous Departments Civil Service Board, for four year term expiring December 31, 1978, and Mrs. Maxine Simpson to the Citizens Auditorium-Recreation Committee, for eight year term expiring January 3, 1983, carried by the following roll call vote: Ayes: Noes: None Absent: None Councilmen Medders, Bleecker, Rogers, Strong, Thomas, Barton, Heisey Councilman Bleecker stated that in regards to the trees on Truxtun Avenue, that are lighted each year at Christmas time, as long as he is a Councilman he will do everything possible to see that they remain. Councilman Medders requested that Fire Chief Haggard be placed on the Agenda next week for a report on the "Paramedics Program" that is being considered for the City of Bakersfield. Bakersfield, California, December 16, 1974 - Page 4 Reports. Councilman Bleecker, Chairman of the Governmental Efficiency and Personnel Committee, read a report regarding Community Development Agency Personnel Changes, as follows: During the 1974-75 budget hearings, the City Council approved a recommendation of the A.D. Little Company establishing the position of Principal Planner at a monthly salary rate of $1,155 to $1,407 within the Community Develop~ ment Agency. To.date the position has not been filled as the Agency's new director requested more time to evaluate positions within his departments. As a result of his evaluation, the director is requesting two personnel changes as follows: (1) That the Principal Planher's salary be increased to a monthly rate of $1,407 to $1,714, and placed in the General Employees Supervisory Unit, and (2) That the Assistant Planning Director's title be changed to Senior Planner with no change in basic salary and placed in the General Employees Supervisory Unit. Both of these requests have been discussed with the Governmental Efficiency and Personnel Committee, and we are recommending Council approval. We further reco~unend that the City Attorney's Office be instructed to make the necessary salary resolution changes. Upon a motion by Councilman Bleecker, report of the Governmental Efficiency and Personnel Committee regarding Community Development Agency Personnel Changes, was approved. Adoption of Resolution No. 99-74 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. Upon a motion by Councilman Bleecker, Resolution No. 99-74 of the Council of the City of Bakersfield amending Resolution No. 58-74, setting salaries and related benefits for Officers and 156 Bakersfield, California, December 16, 1974 - Page 5 Employees of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Strong, Thomas, Barton, Bleecker, Heisey Noes: None Absent: None Councilman Medders, Chairman of the Budget Review and Finance Committee, read a report regarding Preparation of Appli- cation for Community Development Program, as follows: PURPOSE The Housing and Community Development Act of 1974 was signed by President Ford in August of this year. Final rules and regulations imple- menting the Act were issued on November 13. It is appropriate for the City Council to consider, It this time, whether or not it wishes to begin preparing an application for funds for the current 1974-74 fiscal year. The Budget Review and Finance Committee has been requested to make a recommendation in this regard· RECOMMENDATION The Budget Review and Finance Committee recommends that the City Council take the following action: 1. Authorize the City Manager and his staff to: Begin collecting and assemblying data ~o be included in a proposed application for City Council approval or rejection. Meet with exisiing community organiza- tions (i.e., Chamber of Commerce, Downtown Business Association, League of Women Voters, etc.) to explain the Act to them. 2. Request the City Planning Co~mission to: Hold two public hearings during January to allow the public to express their opinion. Advise the City Council as to what course of action the city should take with regard to the community development program. ANALYSIS The Community Development Act of 1974 came into being largely due to effor~ from local elected Bakersfield, California, December 16, 1974 - Page 6 officials across the county who wanted community development funds to be available to cities without the usual red tape and restrictions. In short, cities asked that they be allowed to determine at the local level how community development funds should be spent in their communities. The following is a brief summary of the Act itself and the suggested application process. The Act. The Community Development Act provides funds---trot cities to continue to accomplish basically what they have been doing in the past in such areas as the following: (1) acquisition or construction of public works (i.e., streets, sewers, storm drains); (2) acquisition of land £or open space and parks; and (3) preparation and updating of general plans, zoning ordinances, etc. There are a number of other areas that funds can be used for if the City Council so desires. Up to this time, cities have been forced to apply for separate categorical grants for each of these types of projects. The new Act consolidates these grants and provides the opportunity to develop a meaningful, compre- hensive approach for future development in Bakersfield. Funds Available. During the first three years of the Act, the city will receive the following funds if it chooses to apply: 1974-75 ($339,000); 1975-76 ($804,000); 1976-77 ($1,226,000). No city matching funds are required. Application Requirements. In order to obtain community development funds, the city must meet two major requirements. First of all, the city must define its community needs and short-range and long-range goals and objectives. This is being done on a partial basis at the present time through the preparation and adoption of the city's five year Capital Improvement Program. It would appear to be to the city's advantage to more precisely define what its goals and objectives are in order that limited financial resources may be utilized in the best possible manner. Secondly, the city must make the public aware of the Act and the fact that funds are available for a variety of community programs. HUD has made it very clear that the city has complete discretion to determine how its citizens are to be involved and the extent of their participation. In order that the public will have the opportunity to comment, two public hearings are necessary. It is suggested that these hearings be held before the City Planning Commission who, in turn, would then advise the City Council as to what course of action it should take. Bakersfield, California, December 16, 1974 - Page 7 Timetable for Application Preparation. Attached to this report is a recommended minimum time- table if the City Council decides to begin pre- paration of this year's community development application. As you will note, the timetable provides for hearings before the Planning Commission during January with City Council action on whether or not to apply for funds in early February. This schedule will allow the city to submit its application to the Kern Council of Governments during the latter part of February for their review with final sub- mittal of the application to HUD no later than April 15. CONCLUSION The Committee feels that this Act provides the City of Bakersfield with an opportunity to develop and implement a sound, businesslike approach to the future development of the community. If the Council concurs, the staff should be instructed to proceed with preparation of an application at this time for Council review and action in February. Councilman Medders moved for acceptance of the report of the Budget Review and Finance Committee regarding Preparation of Application for Community Development Program instructing the staff to proceed with preparation of the application at this time for Council review and action in February, 1975. Mrs. Jean French, 3201 Candlewood Drive, requested the Council not to make application or accept any more federal money. After considerable discussion, Councilman Medders' motion to accept the report of the Budget Review and Finance Committee regarding Preparation of Application for Community Development Program instructing the staff to proceed with preparation of the application at this time for Council review and action in February:. 1975, was approved by the following roll call vote: Ayes: Councilmen Medders, Strong, Thomas, Barton, Bleecker, Heisey Noes: Councilman Rogers Absent: None Bakersfield, California, December 16, 1974 - Page 8 Upon a motion by Councilman Barton, report from the staff regarding procedures necessary to form a Parking Authority to study parking needs in the downtown area, was received and ordered placed on file. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1952 to 1974, inclusive, in the amount of $187,645.54. (b) Plans and Specifications for north access road to the Sanitary Landfill. (c) Acceptance of Agreement with Pacific Gas and Electric Company to perform work at 16th and "M" Streets and 16th and "N" Streets - provides for replacement of two wood poles with two steel poles in Underground Utility District 2, Division 2. (d) Street Right of Way Deed from Griffith Company, E. A. Bender and Beth Bender and Bakersfield Airpark, Inc. - provides for widening of Watts Drive at South Union Avenue. (e) Street Right of Way Deeds from CALSC Co. and KERN-CAL Corp. for a portion of Hasti-Acres Drive. (f) Map of Tract No. 3565 and Contract and Specifications for improvements therein, located east of New Sfine Road and South of Ming Avenue. 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 Medders, Rogers, Strong, Thomas, Barton, Bleecker, Heisey Noes: None Absent: None New Business Acceptance of Gift from an Anonymous Donor. Upon a motion by Councilman Rogers, gift from an Anonymous Donor who wishes to contribute money to the City of Bakersfield to be used for certain public purposes, was accepted. 160 Bakersfield, California, December 16, 1974 - Page 9 Reception of Certificate of Election from County Clerk of all Votes Cast for City Measures "A", "B", "C" and "D" at the General Election held on November 5, 1974. Upon a motion by Councilman Thomas, Certificate of Election from County Clerk of all Votes Cast for City Measures "A", "B", "C" and "D" at the General Election held on November 5, 1974, were received and ordered placed on file. The results of the election were as follows: YES NO TOTAL MEASURE "A" Shall Section 18 of the Charter of the City of Bakersfield be amended to provide that, commencing with the Fiscal Year 1974-75, salaries of Councilmen shall be equal to salaries of Councilmen in General Law Cities of comparable population range? 5,202 17,402 22,604 MEASURE "B" Shall Subsection (c) of Section 20 of the Charter of the City of Bakersfield be amended to provi-de that the Mayor shall receive such salary, not less than six thou- sand dollars annually, and such expenses, not less than fifteen hundred dollars annually, as shall be prescribed by the City Council? 4,808 17,373 22,181 MEASURE "C" Shall Sections (194)12 and(229)9 of the Bakersfield City Charter be amended to provide that the appointment by the City Mamaget of the Fire Chief and Police Chief need not be made from among the members of the Bakersfield Fire and Police Department? 7,674 14,445 22,119 MEASURE "D" Shall Subsection (a) be added to Section (194)12 and Section (208)1 of the Bakersfield City Charter be amended to provide that Fire Chief and all Miscellaneous Department Heads and Deputy and Assistant City Manager, present incumbenfs excepted, be removed from Civil Service and be subject to removal for cause by their appointing authority? 6,556 15,215 21,771 Bakersfield, California, December 16, 1974 - Page l0 Upon a motion by Councilman Thomas, communication H. Robert Thomas, 3901 Union Avenue, property in Block 9, Drury Addition, referred to the Planning Commission from #23, requesting annexation of Lots 23, 24, 25 and 26, was for study and recommendation. Upon a motion by Councilman Thomas, communication from the Harlow family, 3102 Maywood Drive, requesting a white street light be placed at the corner of Glenbrook Drive and Oswell Street, was referred to the staff for action. Approval of Cooperative Agreement between the City and State for Signal Modifications. Upon a motion by Councilman Heisey, Cooperative Agreement between the City and Stale of California for signal modifications at Sumner Street and Union Avenue, was approved and the Mayor was authorized to execute same. This agreement will commit the Council to budget the $14,000.00 in the 1975-76 fiscal year budget. Approval of request from Texaco, Inc. for permission to enter upon the City of Bakersfield property to conduct geophysical work. Upon a motion by Councilman Rogers, request from Texaco, Inc. for permission to enter upon City of Bakersfield property to conduct geophysical work, was approved, subject to the following conditions: 1. 2. Work to be completed within ninety days. Company shall carry adequate public liability insurance. 3. Company will indemnify and hold City harmless from any claims. Adoption of Resolution No. 100-74 calling the Nominating Municipal Election for the Office of Councilman in the 2nd, 5th and 6th Wards to be held in the City of Bakersfield on the 25th day of February, 1975, and directing the City Clerk to publish the Notice of Election. Bakersfield, California, December 16, 1974 - Page 11 Upon a motion by Councilman Rogers, Resolution No. 100-74 calling the Nominating Municipal Election for the Office of Council- man in the 2nd, 5th and 6th Wards to be held in the City of Bakers- field on the 25th day of February, 1975, and directing the City Clerk to publish the Notice of Election, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Strong, Thomas, Barton, Bleecker, Heisey Noes: None Absent: None Adoption of Resolution No. 101-74 of the Council of the City of Bakersfield requesting the Board of Supervisors of the County of Kern to permit the County Clerk to render specified services to said City relating to the conduct of the Nominating Municipal Election to be held on Tuesday, February 25, 1975. Upon a motion by Councilman Thomas, Resolution No. 101-74 of the Council of the City of Bakersfield requesting the Board of Supervisors of the County of Kern to permit the County Clerk to render specified services to said City relating to the conduct of the Nominating Municipal Election to be held on Tuesday, February 25, 1974, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Strong, Thomas, Barton, Bleecker, Heisey Noes: None Absent: None Adoption of Resolution No. 102-74 and Order establishing Voting Precincts, Appointing Precinct Election Officers and establishing Fees therefor, and designating Polling Places for the Nominating Municipal Elecfion to be held on Tuesday, the 25th day of February, 1975. Upon a motion by Councilman Thomas, Resolution No. 102-74 and Order establishing Voting Precincts, Appointing Precinct Election Officers and establishing Fees therefor, and designating Polling Bakersfield, California, December 16, 1974 - Page 12 Places for the Nominating Municipal Election to be held on Tuesday, the 25th day of February, 1975, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Strong, Thomas, Barton, Bleecker, Heisey Noes: None Absent: None Upon a motion by Councilman Medders, Mr. Loren Hodge, Executive Vice-President of the Chamber of Commerce, was appointed as a representative of the City of Bakersfield to the Kern County Economic Development Advisory Committee. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Barton, the meeting was adjourned at 9:35 P.M. MAYOR of Bakersfield, Calif. ATTEST: of the City of Bakersf: ~ld, California Council ma 164 Bakersfield, California, December 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., December 23, 1974. The meeting was called to order by Vice-Mayor Heisey followed by the Pledge of Allegiance and Invocation by Councilman Donald A Rogers. The City Clerk called the roll as follows: Present: Mayor Hart (seated at 8:10 P.M.). Councilmen Rogers, Strong, Thomas, Barton (seated at 8:10 P.M.). Bleecker, Heisey Medders Absent: None Minutes of the regular meeting of December 16, 1974 were approved as presented. J of service with the City of Bakersfield, Vice-Mayor Heisey presented a Johnson, of the Public Works Department, service with the City of Bakersfield, effective Scheduled Public Statements. Mrs. Ann Monroe, 236 North Stine Road, Presentation of Retirement Plaques. Vice-Mayor Heisey presented a retirement plaque to Edward Saecker, of the Public Works Department, who completed 34 years effective December 31, 1974. retirement plaque to Henry who completed 23 years of December 28, 1974. read a 1962 news- paper article regarding socialistic planners in government and presented the Mayor and Council with Christmas cookies. Correspondence. Upon a motion by Councilman Thomas, communication from Panama Union School District requesting the widening of Planz Road from New Stine Road to Wible Road, was received and referred to the staff for study and recommendation. Upon a motion by Councilman Strong, communication from the City of Rosemead California, extending an invitation to a retirement party for C. Leland Gunn, City Manager of Bakersfield from 1952 to 1963, was received an~ ordered placed on file. Bakers£ield, California, December 23, 1974 - Page 2 Fire Chief Haggard reported on the Paramedics Program that is being considered for the City of Bakersfield as follows: The Bakersfield Fire Department would like to provide the people o£ Bakersfield with a certified Paramedic Emergency Medical Service. This type of Emergency Medical Program would be a great improvement of our already established rescue, first aid and inhalator service. There would not be any additional personnel or apparatus required, as our response would be to the same type of emergency calls as we respond to now Transportation of patients to hospitals, when necessary, will still be the responsibility of the ambulance companies. "Paramedics" are highly trained certified personnel, capable of delivering fast, efficient emergency medical care in life threatening situations. They can perform cardio pulmonary resuscitation, de£ibrillation, start intravenous solutions, perform gastric suction by intubation, monitor and transmit E.K.G. or E.C.G. (heart action), and administer many different types o£ li£e saving medications. These functions are per£ormed under the super- vision by direct radio or telephone communica- tions with a physician or a certified Mobil Intensive Care Unit Nurse at a base hospital. We feel, as many of our local physicians do, that there is a definite need for this type of service in our community in order to reduce the mortality rate during the first critical minutes following an accident or the onset of a serious physical condition such as an acute heart attack. In order to implement and maintain a Paramedic Program in our City, there are certain require- ments and equipment necessary. F~rst~ we must have a sufficient number of trained, qualified personnel to initiate and maintain a program of this type. This, I feel, would require at least 6 persons in our depart- ment with the necessary qualifications and completed hours of instruction which consist of 200 hours of classroom and lecture time, plus 120 hours of clinical time to be completed in a 4-month period, which qualifies a trainee £or the field internship o£ 200 additional hours o£ supervised per£ormance in actual emergency situations. This training has cos~ most cities approximately $10,000.00 per man trained. We are most fortunate in £his requirement because at no extra cost to our City~ and strictly on a voluntary basis with many o£f duty hours donated, Bakersfield, California, December 23, 1974 - Page 3 we will have 9 qualified members of our depart- ment ready by January 1975 for the Paramedic Emergency Medical Field Service. Second, there must be an emergency vehicle ready for quick response to any location within the City for emergency medical assistance. This vehicle we have, which is our rescue unit that presently responds to all areas of the City from our Central Fire Station. The third and final requirement that is necessary to imp~ent the program is the necessary funds to purchase the vital equipment and instruments in order to perform these life-saying functions in the field. The approximate cost for the equipment necessary to implement the program is $9,550.18. This ~nformation is furnished to you for clari- fication and to give you our present status towards accomplishing this goal. I am asking that you study the value of this proposed program and the minimum costs to the City of Bakersfield in comparison to other cities for Paramedic service, and support a request for the necessary transfer of funds to provide our City with this service. Chief Haggard introduced the nine members of the Fire Department who will be qualified Paramedics in January, 1975, Louise Putnam, R.N. Coordinator for the Paramedics Program at San Joaquin Hospital, Mr. Joe B. Hurst, San Joaquin Hospital Adminis- trator and Dr. Neil R. Arbegast, Cardiologist Surgeon, who were present in the audience to answer questions. During discussion, Dr. Arbegast explained the need for the Paramedic service in the community. Captain Roger Walsh and Firefighter Joe Squires demon- strated the equipment that will be used in the Paramedics Program. Mr. Harvey Hall, representing Hall's Ambulance Service, stated that these services would compliment each other and through a joint effort the program could be implemented. Councilman Medders moved that the report and request to implement a Paramedics Program in the City of Bakersfield be referred to the Governmental Efficiency and Personnel Committee for study and report back to the Council as soon as possible. 167 Bakersfield, California, December 23, 1974 - Page 4 Councilman Rogers requested that the Governmental Efficiency and Personnel Committee and Fire Department personnel involved in the Paramedics Program investigate the compatibility of this program with the Kern County Medical Society. Councilman Medders' motion that the report and request to implement a Paramedics Program in the City of Bakersfield be referred to the Governmental Efficiency and Personnel Committee for study and report back to the Council as soon as possible. Councilman Rogers, Chairman of the Auditorium-Recreation Committee, read a report regarding the Kern Philharmonic Symphony, as follows: At the regular meeting of the City Council on October 28, 1974, Mrs. Nancy Casselman, representing the Kern Philharmonic Symphony, requested financial support for a "Young People's Concert" being planned for March, 1975. The matter was referred to this committee for study and recommendation. The committee has met with Mrs. Casselman to discuss this request in detail. The Philharmonic Symphony presently receives, from the County, $500 for each of four concerts presented each year. In addition, other funds from the State are available. The Symphony has indicated that this support is gratefully accepted, but it does not cover expenses and more sources of revenue must be found. The proposed "Young People's Concert" is in addition to the program presently provided and is, therefore, unfunded. This Committee believes very strongly in this type of program and it is our feeling that such a concert would benefit all members of the community; however, we are all county residents and all pay county taxes, and special support on the part of the City would represent a double burden to city taxpayers. Therefore, this committee recommends that financial aid for the "Young People's Concert" come from the County and not from the City. The committee further recommends the County consider a greater measure of support to the Philharmonic Symphony and we would support our fair share of this increase. In the spirit of providing recreation where a need exists, we suggest the Recreation budget for Fiscal Year '75-76 contain an appropriation in the amount of $400 ($100 for each of four concerts). 168 Bakersfield, California, December 23, 1974 - Page 5 Upon a motion by Councilman Rogers, report of the Auditorium-Recreation Committee regarding the Kern Philharmonic Symphony and suggesting that the Recreation budget for Fiscal Year 1975-76 contain an appropriation in the amount of $400.00 ($100.00 for each of four concerts), was accepted. (Mayor Hart declared a brief recess at this time) Councilman Bleecker, Chairman of the Governmental Efficiency and Personnel Committee, read a report regarding Fair Labor Standards Act, as follows: The Fair Labor Standards Act of 1974 requires payment of overtime at time and one half to police and fire personnel effective January 1, 1975 for all time worked in excess of 60 hours per week or in excess of 240 hours in a 28-day designated work period. In order to comply with this law the Governmental Efficiency and Personnel Committee has met with the staff on several occasions and met and con- ferred with the Teamsters Union in an attempt to arrive at workable solutions to the many problems this law presents. In addition the A.D. Little Company has supplied us with an interim report listing several alternatives the City could take prior to submitting their final study regarding the fire department. As a result this Committee has signed a Memorandum of Understanding with the Teamsters Union where- by the City will hire five temporary Firefighter Trainees and five temporary employees to operate the fire alarm system. In turn the union has agreed that holiday pay for fiscal year 1974-75 will not be paid. Of the various possibilities studied this temporary plan appears to be the most reasonable and least costly as it will cost the City approximately $5,000 per month rather than $28,000 per month if we were to pay overtime or add the necessary full time employees. We want to emphasize that this is strictly a temporary plan and further recommendations will be forthcoming after the A.D. Little study is completed. In order to implement this temporary program the Governmental Efficiency and Personnel Committee is recommending Council approval of the attached Memorandum of Understanding; the transfer of necessary funds from the Council's contingency fund to the appropriate accounts Bakersfield, California, December 23, 1974 - Page 6 in order to,meet required overtime and employee expenditures during the next six months because of the enactment of the Fair Labor Standards Act; approve the attached salary resolution and instruct the City Attorney to make the necessary changes in the Personnel and Compensation Ordinances. After discussion regarding the cost of implementing this Act, upon a motion by Councilman Bleecker, report of the Govern- mental Efficienc~ and Personnel Committee regarding Fair Labor Standards Act, recommending approval of Memorandum of Understanding; transfer of necessary funds from the Council's Contingency Fund to the appropriate accounts in order to meet required overtime and employee expenditures during the next six months because of the enactment of the Fair Labor Standards Act; approval of Salary Resolution and instructing the City Attorney to make the necessary changes in the Personnel and Compensation Ordinances, was received. Upon a motion by Councilman Bleecker, Memorandum of Understanding with public Employees Union Teamsters Local 986, in regards to the Fair Labor Standards Act of 1974, was approved by the following roll call vote Councilmen Rogers Strong, Thomas, Barton, Bleecker, Heisey, Medders None None Ayes: Noes: Absent: Adoption of Resolution No. 103-74 of the Council of the City of Bakersfield setting salaries and related benefits for Officers and Employees of the City of Bakersfield. Upon a motion by Councilman Bleecker, Resolution No. of the Council of the City of Bakersfield setting salaries related benefits for Officers and Employees of the City of field, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Heisey, Noes: None Absent: None Strong, Thomas, Barton, Medders 103-74 and Bakers- Bleecker, 170 Bakersfield, California, December 23, 1974 - Page 7 Councilman Barton, Chairman of the Business Development and Parking Committee, read a report regarding Parking Authority, as follows: At the Council meeting on December 9, 1974, a letter was received from the Downtown~ Business Association requesting the establish- ment of a Parking Authority for the purpose of evaluating and solving what they perceive as a parking shortage in the downtown area. Over the last two weeks, this committee has met several times to determine what course of action should be taken to attack this problem. Charter Section 33.1 provides that the City Council has the authority to regulate and other- wise control on-and-off street parking. Within the scope of this section, the Council may, as its option, delegate responsibility for this activity. It may: 1. Establish a separate Parking Authority: 2. Use the Redevelopment Agency to assure this function; 3. Create a new agency. The Committee feels that the extent of the parking problem must be established before any action relative to delegation of authority can be considered. Therefore, it is recommended that the City Council retain its direct authority over parking and not delegate it to another agency at this time, and the staff be directed to conduct a preliminary parking study to deter- mine both the extent of the parking problem and the boundaries of a more detailed study should one prove necessary. Upon a motion by Councilman Barton, report of the Business Development and Parking Committee regarding a Parking Authority, recommending that the City Council retain its direct authority over parking and not delegate it to another agency at this time, and the staff be directed to conduct a preliminary parking study to deter- mine both the extent of the parking problems and the boundaries of a more detailed study should one prove necessary, was accepted. Councilman Bleecker requested that a copy of the Business Development and Parking Committee report regarding a Parking Authority be sent to the Downtown Business Association. Bakersfield, California, December 23, 1974 - Page 8 171 Upon a motion by Councilman Heisey, report from the staff regarding the upgrading of the Wastewater Treatment Plant facilities, was referred to the Water and City Growth Committee for study and recommendation. City Manager Bergen reported that the Sanitation Division will not pick up refuse Christmas Day, December The (a) (b) (c) (d) and call Ayes: Noes: Absent: Upon (d) of the vote: and the Sanitary Landfill will be closed on 25, 1974 and New Years Day, January 1, 1975. Consent Calendar. following items were listed on the Consent Calendar: Allowance of Claims Nos. 1975 to 2212, inclusive, in the amount of $398,294.95. Paving and improving the 18th Street from Cedar Street to Oak Street. Notice of Completion and Acceptance of Work for street and sewer improvements under Tract No. 3633 - Contract No. 73-102 with Hilltop Developers. Notice of Completion and Acceptance of Work for Public Improvement District No. 894 - Contract No. 74-86 with Joe C. Brown, Inc. a motion by Councilman Strong, items (a), (b), (c) Consent Calendar, were adopted by the following roll Councilmen Rogers, Strong, Heisey, Medders None Thomas, Barton, Bleecker, None Action on Bids. Upon a motion by Councilman Thomas, low bid of Frank Terry Construction for construction of Restroom-Storage Building and Security Lighting at Grissom Park, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. 172 Bakersfield, California, December 23, 1974 - Page 9 New Business First reading of an Ordinance of the Council of the City of Bakersfield amending Sections 17.31.020 and 17.32.020, adding Sections 17.31.026, 17.32.026, and repealing Sections 17.64.030 and 17.64.040 of Title 17 of the Municipal Code, concerning Zoning Regulations. This Ordinance, which has been approved by the Planning Commission amends sections of the Zoning Regulations with respect to permitted uses and uses subject to Conditional Use Permit, in the Industrial Zones. For example, it would permit residential dwellings in the M-i, only by Conditional Use Permit, except accessory buildings incidental to the use of the land. Reference to the Ordinance is necessary for a description of the numerous uses which are listed. The Ordinance also repeals certain general sections permitting uses by Conditional Use Permit in named zones and places these uses in the sections specifically applicable to the M-1 and M-2 Zones. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Sections 17.31.020 and 17.32.020, adding Sections 17.31.026, 17.32.026 and repealing Sections 17.64.030 and 17.64.040 of Title 17 of the Municipal Code, concerning Zoning Regulations. Approval of Agreement to amend Agree- ment No. 79-68 for Legal Services between the City of Bakersfield and Eugene B. Jacobs. Upon a motion by Councilman Heisey, Agreement to amend Agreement No. 79-68 for Legal Services between the City of Bakers- field and Eugene B. Jacobs, was approved and the Mayor was authorized to execute same. Councilman Bleecker questioned the rates for the attorney and voted in the negative on this motion. Approval of Agreement to amend Agree- ment No. 90-68 between the City of Bakersfield and the Redevelopment Agency establishing relationships between the City and Redevelopment Agency. Bakersfield, California, December 23, 1974 - Page l0 Upon a motion by Councilmall Barton, Agreement to amend Agreement No. 90-68 between the City of Bakersfield and the Redevelopment Agency establishing relationships between the City and the Redevelopment Agency, was approved and the Mayor was authorized to execute same. Approval of Agreement to amend Agree- ment No. 40-69 between the City of Bakersfield and the Redevelopment Agency for City services. Upon a motion by Councilman Barton, Agreement to amend Agreement No. 40-69 between the City of Bakersfield and the Redevelopment Agency for City services, was approved and the Mayor was authorized to execute same. Approval of Agreement between the City of Bakersfield and Keith and Mack Oil Company, providing the City with necessary easement for access road from Alfred Hartell Highway to the City Landfill Area. Upon a motion by Councilman Rogers, Agreement between the City of Bakersfield and Keith and Mack Oil Company providing the City with necessary easement for access road from Alfred Harrell Highway to the City Landfill area, was approved and the Mayor was authorized to execute same. Approval of Hiring of Clerk of the Works to supervise construction of new Police Building. After discussion, upon a motion by Councilman Thomas, hiring of Jack Norman as Clerk of the Works to supervise construction of the new Police Building, was approved and the Mayor was authorized to execute the agreement. Bakersfield, California, December 23, 1974 - Page 11 Council, adjourned at ATTEST: Adjournment. There being no further business to come before the upon a motion by Councilman Thomas, the meeting was 9:45 P.M. MA~ersfield, Calif. CITY CLE_.R.~and Ex-Offi~o Clerk of the Council of the City of Bakers~ld, California ma