Loading...
HomeMy WebLinkAboutJAN - MAR 1975Bakersfield, California, January 6, 1975 175 Minutes of a regular meeting of the Council of the City of Bakersfield, Cali£ornia, held in the Council Chambers of City Hall at 8:00 P. M., January 6, 1975. The meeting was called to order by Vice-Mayor Heisey followed by the Pledge o£ Allegiance and Invocation by Reverend John Penrose, Executive Director of the Youth for Christ. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Strong, Thomas, Barton, Bleecker, Heisey, Medders, Rogers Absent: None Minutes of the regular meeting of December 23, 1974 were approved as corrected. Scheduled Public Statements. Mrs. Elizabeth Van Alstyne, 1640 Olive Street, submitted a petition signed by approximately 1,000 residents requesting that the Council take steps to remove pornography £rom the community. City Attorney Hoagland reviewed the legal powers of the City in regards to pornography and the steps being taken to curtail this type of activity. Councilman Rogers requested that the staff investigate what Idaho did to remove pornography £rom their state. Councilman Bleecker suggested that Mrs. Van Alstyne contact Assemblyman Thomas and State Senator Stiern and forward a copy o£ the petition with a request to aid in any way they can to combat pornography in the State of California. Councilman Bleecker also stated that he would be interested in their response. Former Councilman Raymond Rees, 1700 Duke Drive, requested a Resolution of Memoriam for Roy Warren, who passed away on November 27, 1974, in recognition of his outstanding contribution to various; community projects. Upon a motion by Councilman Heisey, the Mayor was requested to send a Resolution of Memoriam to the family of Mr. Roy Warren in~ recognition of his outstanding contribution to the community. 176 Bakersfield, California, January 6, 1975 - Page 2 Correspondence. Upon a motion by Councilman Rogers, communication from Richard Hosking submitting his resignation as a member of the Police Department Civil Service Commission, was accepted and the Mayor was requested to send a letter of appreciation on behalf of the City of Bakersfield. City Attorney Hoagland stated that in regards to the Police Department Civil Service hearings on two suspended Police Officers, although Mr. Hosking's term has expired he serves until a successor is appointed and sworn in. Mr. Hosking intends to serve until these hearings are concluded. A successor could be appointed but not sworn in until after conclusion of the hearings. Councilman Rogers moved that Mr. Glenn L. Fitts, 3412 Kaibab Avenue, be appointed to serve as a member of the Police Department Civil Service Commission, for six year term expiring December 31, 1980. Councilman Thomas offered a substitute motion, that the appointment to the Police Department Civil Service Commission be deferred for one week, which failed to carry by the following roll call vote: Ayes: Councilmen Strong, Thomas, Barton Noes: Councilmen Bleecker, Heisey, Medders, Rogers Absent: None After a lengthy discussion, Councilman Rogers' motion that Mr. Glen L. Fitts, 3412 Kaibab Avenue, be appointed to serve as a member of the Police Department Civil Service Commission, for six year term expiring December 31, 1980, was approved by the following roll call vote: Ayes: Councilmen Strong, Thomas, Barton, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None Bakersfield, California, January 6, 1975 - Page 3 177 The Council commended Richard Hosking for the excellent job he has done as a City Councilman and Police Commissioner. Upon a motion by Councilman Heisey, communication from Kenneth E. Vetter submitting his resignation as a member of the Planning Commission, was accepted and the Mayor was requested to send a letter of appreciation on behalf of the City of Bakersfield. The Council commended Kenneth Vetter for the excellent job he has done as a City Councilman and Planning Commissioner. Councilman Heisey stated that at the next Council meeting he will be submitting a name for nomination to fill the unexpired term on the Planning Commission. Reports. Councilman Heisey, Chairman of the Water and City Growth Committee, read a report regarding Consolidation of Treatment Facilities in Southeast Bakersfield as follows: On December 18, 1974 the Division of Water Quality and the Environmental Protection Agency approved the concept of constructing an activated sludge treatment facility at Plant No. 2. In the Project Report which was accepted by the Council on February 25, 1974 the overland flow method of treatment was identified ~s the apparent best alternative. However, the State has proposed reduced effluent discharge require- ments and the activated sludge method of treat- ment is now the apparent best alternative. The concept approval is contingent on receipt of preliminary plans and specifications by May 1, 1975. Upon receipt and approval, the State will certify the eligible project to the EPA for a Federal Grant. Now that concept approval has been received, the City can apply for grant reimbursement for monies expended for the Feasibility Study and Project Report. The grant amount would be $90,050 for the $102,900 expended. The City can also apply at this time for grant assistance to prepare the plans and specifications. The total cost including engineering, administration and legal fees is $863,000. The grant amount would be $755,125 and the local share $107,875. The estimated total project cost is $12,759,800 if consolidation of treatment with Mr. Vernon Sanitation District takes place or $11,191,700 if consolidation of treatment does not take place. The local share would be $3,210,300 or $3,027,700 respectively. Bakersfield, California, January 6, 1975 - Page 4 The local share for preparing the plans and specifications can be financed from existing sewer bond monies. The local share for construction can be financed by general obli- gation bonds it approved by the electorate. In addition to any standard provisions, the ~tate and EPA will place the tollowing special conditions on the project: The City must develop an approved plan for a system of user charges to assure that each recipient of waste treatment services will pay its proportionate share of the cost of operation and maintenance including replace- ment. The City must recover from industrial users an amount equal to the portion of the grant allocable to industrial users. Fifty per- cent of the amount recovered must be returned to the Federal Treasury. Forty percent must be reserved for future expansion or recon- struction and ten percent may be used as the City sees tit. As indicated in the Project Report, City Plant No. i has reached the end of its reliable service life. In addition, Plant No. 2 will require major expenditures if it is to be retained in operation. The Waste Water Superintendent is requesting $75,000 in the 1975-76 budget for the replacement of a raw sewage pump because replacement parts are no longer being manu- factured. This item could possibly be eliminated it the program to upgrade Plant No. 2 proceeds as scheduled. Similar expenditures can be anticipated in the near future if the program isn't implemented. The City has been ordered by the Water Quality Control Board to comply with the waste discharge requirements for Plant Nos. i and 2 by January 1, 1975. However, as long as we are dilligently proceeding with a program to meet the require- ments the Board appears willing to extend the compliance date. Upgrading of the facility will provide maximum beneficial reuse of a large volume of reclaimed wastewater. Expansion ot the facility will provide for future growth within the Bakersfield area and also provide a 2 million gallon per day reserve for future industrial needs. The total cost for the City to upgrade and expand the No. 2 plant is prohibitive without grant participation. With grant participation the local share will be within the £inancing capacity of the City. Bakersfield, California, January 6, 1975 - Page In summary, by taking action now the City can avoid impending prohibitive maintenance costs of existing facilities and benefit from State and Federal assistance in financing the proposed improvements. It is therefore recommended, that the Council implement the wastewater plan as follows: Council authorize filing of an application for a grant to finance preparation of plans and specifications. Council authorize the engineering firm of Metcalf & Eddy, Inc. to prepare construction drawings and specifications. 3 Council appoint Citizens Committee to review wastewater plan. 4 Council direct the City Manager to write a letter to the Board of Directors of the Mount Vernon Sanitation District asking for a firm commitment by February 4, 1975 as to their participation in the proposed project. A lengthy discussion took place regarding the project. Upon a motion by Councilman Heisey, report of the Water and City Growth Committee regarding Consolidation of Treatment Facilities in Southeast Bakersfield implementing the wastewater plan, was accepted. Adoption of Resolution No. 1-75 of the Council of the City of Bakersfield authorizing filing application for Federal and State Grants for publicly owned Wastewater Treatment Works and providing certain assurances. Upon a motion by Councilman Heisey, Resolution No. 1-75 of the Council of the City of Bakersfield authorizing filing application for Federal and State Grants for publicly owned Waste- water Treatment Works and providing certain assurances, was adopted by the following roll call vote: Ayes: Councilmen Strong, Thomas, Barton, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None 180 Bakersfield, California, January 6, 1975 - Page 6 Approval of Agreement between the City of Bakersfield and Metcalf &.Eddy, Inc. Mr. Charles Pound, representing Metcalf & Eddy, Inc., was present and outlined the agreement. Upon. a motion by Councilman Heisey, Agreement between the City of Bakersfield and Metcal£ & Eddy, Inc., Consulting Engineers, for the technical design and preparation of construction plans and specifications to support financing arrangements aild grant appli- cations for construction of wastewater treatment and disposal facilities, was approved and the Mayor was authorized to execute same. Councilman Heisey requested that each Councilman, within the next week, submit to the Mayor five to fifteen names of persons to serve on a Citizens Committee to review the wastewater plan. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2123 to 2190, inclusive, in the amount of $135,855.95. (b) Maps of Tract No. 3714 and 3715 & Contracf and Specifications for improvements of Tract No. 3715 - located on the easterly end of Quailwood Drive and Saddleback Drive in the Quailwood area north of Stockdale Highway. Upon a motion by Councilman Strong, Items (a) and (b) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Strong, Medders, Noes: None Absent: None AMC-Jeep rejected. Thomas, Barton, Bleecker, Heisey, Rogers Action on Bids. Upon a motion by Councilman Medders, for low bid of Kern 12 Police Cars, was accepted and all other bids Bakersfield, California, January 6, 1975 - Page 7 Upon a motion by Councilman Medders, low bid of Chevrolet for i Standard Sedan for the Fire Department, and all other bids rejected. Upon a motion by Councilman Medders, low bid Three Way was accepted of Goodyear Tire and Rubber Company for Annual Contract ACB 11675, Tires and Tubes, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, low bid of King Trucking for demolition of building located at 1629 Truxtun Avenue (Sheldon Building), was accepted and all other bids rejected. Upon a motion by Councilman Rogers, low bid of Jacobs Company for Contract A, construction of North Access Road to Sanitary Landfill, which includes subgrade preparation, aggregate base, asphalt concrete and fencing, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Contract B, which includes constructing and relocating the scale and scale house, was deferred until a later date. Upon a motion by Councilman Thomas, bids for sale of Surplus Landfill Equipment from Frank's Equipment Company for Equipment No. 123 and No. 124 in the amount of $2,315.00, Valco Construction Company for Equipment No. 576 in the amount of $66,800.00 and Tulare County for Equipment No. 577 in the amount of $73,500.00, were accepted and all other bids rejected. Deferred Business. Adoption of Ordinance No. 2218 New Series of the Council of the City of Bakersfield amending Sections 17.31.020 and 17.32.020, adding Sections 17.31.0~6, 17.32.026, and repealing Sections 17.64.030 and 17.64.040 of Title 17 of the Municipal Code, concerning Zoning Regulations. Upon a motion by Councilman Thomas, Ordinance No. 2218 New Series of the Council of the City of Bakersfield amending Sections 17.31.020 and 17.32.020, adding Sections 17.31.026, Bakersfield, California, January 6, 1975 - Page 8 17,32.026, and repealing Sections 17.64.030 and 17.64.040 of Title 17 of the Municipal Code, concerning Zoning Regulations, was adopted by the following roll call vote: Ayes: Councilmen Strong, Thomas, Barton, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None New Business. Reception of City Clerk's Certificate of Sufficiency of Petitions of Nomi- nation of Candidates for Office of Councilmen to be voted upon at Nomi- nating Municipal Election of February 25, 1975. Upon a motion by Councilman Medders, City Clerk's Certificate of Sufficiency of Petitions of Nomination of Candidates for Office of Councilman to be voted upon at the Nominating Municipal Election of February 25, 1975, was received and ordered placed on file. The following candidates have filed petitions with the City Clerk for the Office of Councilman: Walter Floyd Heisey Second Ward Full Term Clarence E. Medders Mrs. Soltea Bussell Clerico Robert G. Elling Fifth Ward Fifth Ward Fifth Ward Full Term Full Term Full Term Don Thomas Lloyd A. Palmer Michael Edward Sceales Sixth Ward Sixth Ward Sixth Ward Full Term Full Term Full Term Adoption of Resolution No. 2-75 of the Council of the City of Bakers- field, State of California, extending time within which affected property owners must be ready to receive Underground Service and within which affected Utilities must underground facilities in Division 2 of Under- ground Utility District No. 2. The request for additional time was submitted by Pacific Gas & Electric Company due to the County of Kern not being ready to receive underground service to the County Administration Building. Bakersfield, California, January 6, 1975 - Page 9 183 The completion of all undergrounding and removal of overhead facilities was required by January 31, 1975. The request is for an extension to September 30, 1975 for removal of all overhead facilities. Upon a motion by Councilman Bleecker, Resolution No. 2-75 of the Council of the City of Bakersfield, State of California, extending time within which affected property owners must be ready to receive underground service and within which affected utilities must underground facilities in Division 2 of Underground Utility District No. 2, was adopted by the following roll call vote: Ayes: Councilmen Strong, Thomas, Barton, Bleecker, Heisey Medders, Rogers Noes: None Absenf: None Approval of Cooperative Agreement between the City and State for Signal Modifications. Upon a motion by Councilman Thomas, Cooperative Agreement between the City and State for Signal Modifications at Brundage Lane and "P" Street, was approved and the Mayor was authorized to execute same. This agreement will commit the Council to budget the $8,500.00 in the 1975-76 Fiscal Year Budget. Hearings. This is the time set for public hearing on 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. This hearing has been duly posted. 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. 184 Bakersfield, California, January 6, 1975 - Page 10 Upon a motion by Councilman Bleecker, Resolution No. 3~75 of the Council of the City of Bakersfield ordering the vacation of the Alley in Block 148 on the north side of 23rd Street, City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Strong, Thomas, Barton, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None This is the time set for public hearing on Resolution of Intention No. 903 of the Council of the City of Bakersfield, California, 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. This hearing has been duly posted and advertised. Councilmen Heisey stated that he is a member of the firm of Bakersfield Sandstone Brick who applied for this ,vacation and will abstain from taking part in the hearing. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Strong, Resolution No. 4-75 of the Council of the City of Bakersfield ordering the vacation of Public Utilities Easements in the former Alley in Block 144 and the former portion of Eureka Street, roll call vote: Ayes: Councilmen Strong, Rogers Noes: None was adopted by the following Thomas, Barton, Bleecker, Medders, Absent: None Abstaining: Councilman Heisey Bakersfield, California, January 6, 1975 - Page ]?5 Council, adjourned at Adjournment. There being no further business to come before the upon a motion by Councilman Heisey, the meeting was 10:10 P. 'M. ATTEST: CITY ~K~nd~io Clerk of the C /4'~"'~' Council of th~ City of Bakers~eld, California ma Bakersfield, California, January 13, 1975 followed by the Howard Campbell, County. 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., January 13, 1975. The meeting was called to order by Mayor Hart Pledge of Allegiance and Invocation by Mr. General Executive of the Y.M.C.A. of Kern Present: The City Clerk called the roll as follows: Mayor Hart. Absent: None Councilmen Thomas, Barton, Bleecker, Heisey, Medders, Rogers, Strong were Minutes of the regular meeting of January 6, 1975 approved as presented. Correspondence. Upon a motion by Councilman Heisey, from the County of Kern Emergency Medical County Medical Society, regarding the received, plac~ on file, and referred Efficiency and Personnel Committee. Upon a motion by Councilman Heisey, communication from the Community Service Organization regarding the City of Bakersfield proposed and placed on file. Councilman communication Care Committee, Kern Paramedic Program, was to the Governmental Council Statements. Bleecker, Chairman of Efficiency and Personnel Committee, report on the status of the request to establish a Paramedics Service. Manager's staff had contacted a number of cities and awaited responses from other cities regarding their Paramedic Program, (2) both City licensed ambulance services would be requested the Governmental offered a verbal interim of the City of Bakersfield He stated (1) that the City Community Development Program was received Bakersfield, California, January 13, 1975 - Page 2 by Mr. vote: Ayes: for input. (3) input would be requested from the Kern County Medical Society, (4) some comment or recommendation would be requested from Arthur D. Little Company, (5) the question of liability to the City was being determined, (6) the cost of training in the future, equipment costs, etc. were being considered, and (7) all hospitals within the City would be contacted regarding their views of the program. Councilman Rogers complimented the staff for their work along these lines. Councilman Bleecker placed into nomination the name of Mr. Timothy J. Banks, 5001 Stormy Court, Bakersfield, to fill the unexpired term on the City Planning Commission of Mr. Kenneth E. Vetter, whose resignation was accepted by the Council on January 6, 1975. Upon a motion by Councilman Bleecker, seconded by Councilman Heisey, the appointment of Mr. Timothy J. Banks to fill the unexpired term on the City Planning Commission vacated Kenneth E. Vetter was approved by the following roll call Noes: Absent: Abstaining: Councilman Strong Councilman Heisey reported Councilmen Thomas, Barton, Bleecker, Heisey, Medders, Rogers None None that the City of San Diego has adopted legislation regarding their Election Code which may be of value to the City of Bakersfield and referred this matter to the Legislative Committee for study. Mr. Timothy J. Banks, who was in the audience, was introduced to the City Council. Bakersfield, California, January 13, 1975 - Page 3 Reports. City Manager Bergen reported on a letter from Melvin G. Davis that was referred to the staff by the City Council on November 18, 1974 regarding the availability of a building for possible parking purposes and recommended that the City Council direct the staff to write a letter to Mr. Davis indicating to him that (1) there is no immediate need for his building at this time and (2) that the City will be considering long-range civic center parking needs during the months ahead and will contact him as such studies progress. City Manager Bergen further reviewed the current status of parking in the civic center area. Upon a motion by Councilman Thomas, City Manager on a letter from Melvin G. Davis report from the regarding parking facilities was accepted, and the staff was directed to write a letter to Mr. Davis indicating that there is no immediate need for his building at this time and that the City will be con- sidering long-range civic center parking needs during the months ahead and will contact him as such studies progress. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2191 and 2292, inclusive, in the amount of $68,914.34. (b) Notice of Completion and Acceptance of Work for construction of Piper Way and the improvement of Auburn Street from 100' east of Eissler Street to Piper Way - Contract No. 74-94 with Lumsdaine Construction, Inc. (c) Adoption of Resolution No. 5-75 of the Council of the City of Bakersfield making finding concerning proposed Subdivision: Tentative Tract 3741 located south of Kern City Golf Course, west of New Stine Road, east of Tract 3622 and approximately 300 feet north of Ming Avenue. Bakersfield, California, January 13, 1975 - Page 4 Councilman Strong moved adoption of Items (a), (b), and (c) of the Consent Calendar,- with the deletion of Claim Voucher No. 2222 in the amount of $832.48 for Martin and Flandrick, Attorneys, for professional services. After discussion, upon a substitute motion by Council- man Bleecker, Items (a), (b), and (c) of the Consent Calendar were adopted by the following roll call vote: Ayes: Councilman Thomas, Bleecker, Heisey, Medders, Rogers Noes: Councilmen Barton, Strong Absent: None Action on Bids. Upon a motion by Councilman Rogers, low bid of Madonna Construction for Contract B, construction of North Access Road to the Sanitary Landfill, which includes constructing and relo- cating a scale and scale house, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medder$, low bid of Dicco, Inc.~ for construction of Tennis Courts in Wayside, Centennial, and Siemon Parks, Alternate A (asphalt courts at all parks), was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. New Business. Approval of Annexation Boundaries designated as Haley No. 1. Upon a motion by Councilman Heisey, Annexation Bound- aries designated as Haley No. 1, located west of Brown Street, south of Flower Street, and east of Miller Street, were approved and referred to the Cit~ Engineer and City Attorney for referral to LAFC. 190 number o£ students them for attending. Council, adjourned at Bakersfield, California, January 13, 1975 - Page Councilman Medders recognized the presence of a in the audience, and Mayor Hart thanked 5 Adjournment. There being no further business to come before the upo~ a motion by Councilman Bleecker, the meeting was 8:30 P.M. ity of Bakersfield, Calif. ATTEST: of the City of California mp Bakersfield, California, January 20, 1975 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., January 20, 1975. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Major D. Elmer of the Salvation Army. The City Clerk called the roll as follows: Baker ~resen~: Mayor Hart. Councilmen Barton, Bleecker, Heisey, Medders, Rogers, Strong, Thomas Absent: None Minutes of the regular meeting of January 13, 1975 were approved as presented. Scheduled Public Statemenfs. Beverly Ross, 300 Haggin Street, extended an invitation to the Council and Staff to attend several community seminars that will be held during January, February and March, 1975, regarding "Preservation of the Principles of Freedom," sponsored by the Kern Women's Chapter of the Freedoms Foundation. Councilman Bleecker stated that due to the importance of these seminars the City's top staff members should attend and moved that the Budgel Review and Finance Committee look into the matter and come back to the Council with a recommendation. Councilman Heisey suggested that the Budget ~eview and Finance Committee also investigate the possibility of holding Council meetings on alternate Monday nights during the course of these seminars. Councilman Bleecker's motion was unanimously approved. Reports. Councilman Bleecker, Chairman of the Governmental Efficiency,and Personnel Committee, read a report regarding Changes in Established Employee Units, as follows: Bakersfield, California, January 20, 1975 - Page 2 In order to make some necessary adjustments in the City's established employee units, the staff has recently met with representatives of the Kern County Employees' Association and Chief of Police Robert O. Price. The need for some of these unit changes came about due to the Arthur D. Little study which resulted in job require- ments being altered considerably. The other changes were requested by Chief Price in order to keep only sworn safety employees within the Police Units. The Governmental Efficiency and Personnel Committee has discussed these changes with the staff and we are recommending Council approval of the attached salary resolution which incor- porates the following changes: (1) Animal Warden from Police Unit to General Employees white Collar Unit; (2) Police Property Manager from Police Super- visory Unit to General Employees White Collar Unit; (3) Electronic Technician from Police Unit to General Employees White Collar Unit; (4) Buyer II from General Employees Supervisory Unit to General Employees White Collar Unit; (5) Maintenance Crafts Worker II from General Employees Blue Collar Unit to General Employees Supervisory Unit; (6) Police Mechanic Supervisor ~rom Police Supervisory Unit to General Employees Supervisory Unit; (7) Financial Investigator employees White Collar Unit. from General Unit to Confidential Councilman Bleecker moved that Report No. 1-75 of the Governmental Efficiency and Personnel Committee regarding Changes in Established Employee Units, be accepted and the requested changes be implemented by the staff. After discussion regarding a letter from an employee requesting to appear before the Govermmental Efficiency and Personnel Committee, Councilman Bleecker amended his motion to delete Item No. 4 from the Governmental Efficiency and Personnel Committee Report No. 1-75. Bakersfield, California, January 20, 1975 - Page 3 Councilman Bleecker's amended motion that Report No. 1-75 of the Governmental Efficiency and Personnel Committee regarding Changes in Established Employee Units, deleting Item No. 4, was accepted. Adoption of Resolution No. 6-75 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. 6-75 of the Council of the City of Bakersfield amending Resolution No. 58-74, setting salaries and related benefits for Officers and Employees of the City of Bakersfield, was adopted by the following roll call vote. Ayes: Councilmen Barton, Bleecker, Heisey, Medders, Rogmrs, Strong, Thomas Noes: None Absent: None Councilman Bleecker requested that Finance Director Haynes and Assistant City Manager Russell be present at the Governmental Efficiency and Personnel Committee meeting regarding this request. Deputy City Manager Sumbardo and Community Development Director Foster presented a status report on the Community Development Program. Councilman Heisey requested that the Traffic Authority investigate the installation of left turn signals at the intersection of Truxtun Avenue and Chester Avenue. Public Works Director Bidwell stated that a portion of the funds for this project are budgeted in the current fiscal year and the additional amount needed to complete the project, which includes left turn lanes, is proposed for fiscal year 1975-76. Bakersfield, California, January 20, 1975 - Page 4 Consent Calendar. The following items were listed on the Consent (a) Allowance of Claims Nos. 2293 to 2404, inclusive, in the amount of $378,913.97. (b) Claim for Personal Injuries from Globe Indemnity Company (Alvin Vickers), 1624 "F" Street. (Refer to City Attorney) (c) Claim for Damages from State Farm Insurance Company, Claim Office, P.O. Box 150~, Bakersfield. (Refer to City~Attorney) (d) Claim for Damages from Donald E. McClain, Thelma K. Torris, Steven Torris and Sally Torris, 2212 Oakwood Drive. (Refer to City Attorney) (e) Easement for public road purposes granted by Tenneco Realty Development Corporation - Right of Way for completion of Bermuda Street between Sarazen Avenue and Cherry Hills Drive; and south side of Sarazen Avenue between New Stine Road and Bermuda Street. (f) Notice of completion for street and sewer improvements under Tract No. 3690 - Contract No. 74-37 with Tenneco Realty Development Corporation. (g) Notice of Completion for street and sewer improvements under Tract No. 3692 - Contract No. 74-38 with Tenneco Realty Development Corporation. (h) Notice of Completion for street and sewer improvements under Tract No. 3693 Contract No. 74-39 with Tenneco Realty Development Corporation. (i) Notice of Completion and Acceptance of Work for the construction of Storm Drains at various locations within the City of Bakersfield - Contract No. 74-102 with Salomon Pipeline. (j) Plans and Specifications for construction of Automatic Sprinkler System at Saunders Park. Upon a motion by Councilman Strong, Items (a), (b), (d), (e), (f), (g), (h), (i) and (j) of the Consent Calendar, adopted by the following roll call vote: Ayes Councilmen Barton, Bleecker, Heisey, Medders, Strong, Thomas Noes: None Absent: None Calendar: (c), were Rogers, Bakersfield, California, January 20, 1975 - Page 5 Action on Bids. Upon a motion by Councilman Bleecker, low bid of Lumsdaine Construction of Huntington Beach, California, for improving 18th Street from Pine Street to Oak Street, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. New Business. Approval of Agreement absolving Presbyterian Church from Liability. Upon a motion by Councilman Barton, Agreement with the Presbyterian Church allowing police car parking on their vacant lot and absolving the ChUrch of Mayor was authorized to execute Upon a motion by the amount of $41,500.00 from Account No. 11-675-0100 to Account Nos. 25-795-9400 and 25-795-9500 for construction of Access Road to the Sanitary Landfill and relocafion of the Scale House, was approved by the Ayes: liability, was approved and the same. Councilman Strong, Budget Transfer in Noes: Absent: Council, adjourned at Rogers, following roll call vote: Councilmen Barton, Bleecker, Heisey, Medders, Strong, Thomas None None Adjournment: There being no further business fo come before the upon a motion by Councilman Medders, the meeting was MAYO he C~ield, 8:30 P.M. Calif. ATTEST: CITY CLE..~and Es o Clerk of the of the City of Bakersfi .~ld, California Council ma 196 Bakersfield, California, January 27, 1975 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., January 27, 1975. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Reverend Kenneth Cragg of the Northminister Presbyterian Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Heisey, Medders, Rogers, Strong, Thomas, Barton Absent: Councilman Bleecker Minutes of the regular meeting of January 20, 1975 were approved as presented. Correspondence. Upon a motion by Councilman Heisey, communication from Senator Alan Cranston regarding the City of Bakersfield's Resolution of November 21, 1974 supporting the establishment of a new national cemetery in Kern County, was received and ordered placed on file. Councilman Heisey moved that the communication from the Lowell Community Council supporting the City's proposed application for Community Development Act funds, be received and placed on file. Councilman Medders offered a substitute motion that the communication from the Lowell Community Council, be referred to the Planning Commission and that this organization be notified of the meeting concerning this matter. The substitut.e motion was unanimously approved. Council Statements. Upon a motion by Councilman Thomas, preliminary budget, in the amount of $42,500.00, for the development of a p~rk site (kroll Park Area), located on the western edge of the City limits and south of Stockdale Highway, was referred to the Budget Review and Finance Committee for study and recommendation back to the Council as soon as possible. Bakersfield, California, January 27, 1975 - Page 2 Councilman Thomas stated that after falking to several prominent Cardiologists in the Los Angeles area, docfors and residents of this City, that the people of this community deserve, want and need a Paramedics Program. Councilman Thomas moved that the Council implement the Paramedics Program immediately. Councilman Thomas requested that communications from James F. Barnard, M.D., Chairman of the Kern County Medical Society, Emergency Committee dated January 27, 1975 and Joe B. Hurst, Administrator of the San Joaquin Community Hospital dated January 27, 1975, supporting the Paramedics Program be read into the record. The City Clerk read the two communications into the record. Councilman Rogers commended Councilman Thomas for acquiring additional information and invited other members of the Council to feel free in presenting further appropriate information to the Governmental Efficiency and Personnel Committee. The proposal for the Paramedics Program was referred to this Committee a few weeks ago and it has been reviewed at great length and studies are continuing because of additional information that has been received. The Committee certainly recognizes and knows the urgency' of this program~ however, there is an established procedure by which the Council operates and I would not like to see the Council deviate or vary from that procedure. Councilman Rogers offered a substitute motion that the Governmental Efficiency and Personnel Committee be granted sufficient time to complete the study and report on fhe Paramedics Program, with a recommendation to the full Council as soon as possible. Councilman Barton stated that he is in opposition to the substitute motion bur recognizes the value of the committee systems. He also conducted a survey, with assistance and garnered a tremendous amount of information and discussed the situation of the Paramedics Bakersfield, California, January 27, 1975 - Page 3 Program with many people. Councilman Barton outlined some of his information and £urther stated that he had at his disposal communications that state that the Kern County Medical Society is in favor; the Xern County Board o£ Supervisors have adopted an a£firmative view point of the program; this also includes the Kern County Emergency Medical Care Committee and in£ormation from nine cities in the southland who have Paramedics Programs. Councilman Heisey stated that he is enthusiastic about this program, and a month, six weeks or two months is a reasonable time to study and arrive at an equitable program for the City o£ Bakersfield. The City has a competent staff and the Council would certainly want to have their recommendation before a program of which the bounds are unknown is implemented. Councilman Strong stated that there are several unanswered questions about this proposal and the staff is seeking answers. There are public agencies, ambulances services,who are also involved in the Paramedic movement. Councilman Medders asked if the Council was talking about the equipment that the Fire Department demonstrated to the Council a £ew weeks ago. City Manager Bergen then read part of a memorandum from the Fire Chief, as follows: In order to clarify this department's training program £or on-duty personnel in the area o~ emergency medical training and the field of advanced firsl aid~ I respectfully submit the £ollowing information. The Bakers£ield Fire Deparment has furnished the people o~ this City with rescue, first aid, resuscitator service £or as long as I can remember, and we will be called upon for help in the ~uture for such calls as rescues, child birth, chokings, drowningst heart attacks, suf£ocations, electrocutions, poisonings, diabetic comas, and many others. Bakersfield, California, January 27, 1975 - Page 4 The on-duty portion of the emergency medical training to date that has been permitted for the nine members of this department is actually part of the minimum requirement for first aid training as proposed under the California Administrative Code, Title 17, for Fire Service personnel, as well as a prerequisite for Para- medic training. In order to complete the required training for Paramedic certification, it would be necessary for our personnel to have at least 100 additional hours of field training. Mr. Bergen stated that this is the equipment that Councilman Medders was inquiring about and is needed by the Fire Department for the 100 hours of field training. After considerable discussion, Councilman Rogers stated that no one questions the need for this program, it is just the manner in which it is implemented. Councilman Rogers' substitute motion that the Govern- mental Efficiency and Personnel Committee be granted sufficient time to complete the study and report on the Paramedics Program, with a recommendation to the full Council as soon as possible, carried by the following roll call vote: Ayes Councilmen Heisey, Rogers, Strong Noes; Councilmen Medders, Thomas, Barton Absent: Councilman Bleecker Pursuant to Section 14 of the City Charter, which states that in case of a tie vote by the Council ~he Mayor shall cast the deciding vote, Mayor Hart voted in the affirmative. Mayor Hart stated that he voted in the affirmative to permit the Committee sufficient time to make a proper recommendation, with the understanding that this input that we have had tonight will be incorporated into a detailed report. Councilman Barton moved that the Paramedics Program for the City of Bakersfield be placed before the Council as a Committee of the Whole. 200 Bakersfield, California, January 27, 1975 - Page 5 After considerable discussion, Councilman Barton amended his motion setting Monday, February 3, 1975, as the date for the Council to sit as a Committee of the Whole to discuss the Paramedics Program. Councilman Barton's motion that the Paramedics Program for the City of Bakersfield be placed before the Council as a Committee of the Whole and setting Monday, February 3, 1975, as the date for discussion and action, failed to carry by the following roll call vote: Ayes: Councilmen Thomas, Barton Noes: Councilmen Heisey, Medders, Rogers, Strong Absent: Councilman Bleecker Mayor Hart stated the recommendation that this matter be expedited as rapidly as this Committee possibly can, realizing full well that the vehicle that is going to carry this program into perpetuity should be a solid and sound one, totally evaluated and based on facts we know are acceptable and can live with in this community, both medically and financially, because if either side suffers then the persons we are most concerned about are the ones who suffer the most. Councilman Rogers stated that the Governmental Efficiency and Personnel Committee accepts the recommendation to move forward as rapidly as possible to reach the correct decision. Councilman Medders stated that a few weeks ago the Council approved asphalt tennis courts for Centennial, Wayside and Siemon Parks and due to some confusion he wanted to assure the public that they are not second rate courts, but are the same type that are installed at the Bakersfield Racquet Club. City Manager Bergen stated that there are some important points in regards to the Paramedics Program. For the record, the Bakersfield, California, January 2?, 1975 - Page 6 City Manager has not authorized any specific training for Paramedics and the Fire Chief has assured me that he has not authorized any training for Paramedics. The Chief has assured me that the training which has been referred to so many times as Paramedics training is actually authorized on the fact Firemen should be well versed in first aid and the basis of the present rescue services that Firemen now perform. That was one of the reasons I read portions of the memorandum from the Fire Chief. In past discussions it has been referred to many times as being training for Paramedics and this is not completely true. The Chief has assured me that he has not authorized any training specifically for Paramedics on City time. Reports. Councilman Rogers, member of the Governmental Efficiency and Personnel Committee, read Report No. 2-75 regarding Buyer II Salary Resolution and Job Specification Change, as follows: At last week's City Council meeting the Council approved several changes in the City's Estab- lished Employee Units with the exception of the Buyer II being moved from the Supervisory Unit to the White Collar Unit. This issue was referred back to the Governmental Efficiency and Personnel Committee for further study. Since last week's Council meeting this Committee met for several hours with the staff and the Buyer II in an attempt to resolve this issue. As a result we have determined by past per- formance evaluations that this employee is a competent purchasing technician, however, his supervisory responsibilities are limited to technical purchasing matters rather than super- vision of employees. Since the City's labor relations ordinance specifically spells out that no position will be allocated to a supervisory unit unless the job duties require the employee to spend a minimum of fifteen percent of their time supervising and not more than seventy-five percent of their time doing comparable work of their subordinates, this Committee, as well as the Buyer II, agree that the change from the Supervisory Unit to the White Collar Unit is in order. Bakersfield, California, January 27, 1975 - Page 7 In making this change, however, the Committee feels that this employee's past performance records indicate him to be competent in his technical purchasing knowledge; therefore, in order to offsef any monetary loss, we are recommending that his base salary be adjusted five percent which is comparable to what he has been receiving in deferred income. In order to implement these changes we are recommending Council approval of the attached salary resolution and approval of the attached revised Buyer II job specifications. Upon a motion by Councilman Rogers, Report No. 2-75 of the Governmental Efficiency and Personnel Committee regarding Buyer II Salary Resolution and Job Specification Change, was accepted. Adoption of Resolution No. 7-75 of the Council of the City of Bakers- field amending Resolution No. 58-74, setting salaries and related benefits for Officers and Employees of the City of Bakersfield. Upon a motion by Councilman Rogers, Resolution No. 7-75 of the Council of the City of Bakersfield amending Resolution No. 58-74, setting salaries and related benefits for Officers and Employees of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Heisey, Medders, Rogers, Strong, Thomas, Barton Noes: None Absent:Councilman Bleecker Councilman Heisey, Chairman of the Water and City Growth Committee, read Report No. 2-75 regarding Financial Consultant - Southeast Bakersfield Wastewater Project, as follows: On January 22, 1975 the Committee met with the Finance Director and Public Works Director to consider retaining a financial consultant to review the financial feasibility of the Bakers- field Sub-Regional Wastewater Project and to prepare the necessary bond prospectus should his review indicate that a bond issue will be feasible. The Committee noted that James F. Rafferty, of the San Francisco firm of L. F. Rothschild & Co., is the Cify's financial Bakersfield, California, January 27, 1975 - Page 8 consultant on water matters now before the committee, and that Mr. Rafferty was also the City's financial consultant for the sewer bond issues sold in 1965 and in 1966. It was also noted that Mr. Rafferty did an outstanding job for the City on those occasions at reasonable rates of fee. The fees for financial consulting services of $6,500.00 will be contingent upon the approval of the bond issue by the electorate except for minimal out of pocket expenses in the amount of $250.00 should the bond issue fail. The Committee recommends that the Council retain the firm of L. F. Rothschild & Co. on this project and authorize an agreement for services in an amount not to exceed $6,500.00 Upon a motion by Councilman Heisey, Report 2-75 of the Water and City Growth Committee regarding Financial Consultant Southeast Bakersfield Wastewater Project, was accepted. Approval of Agreement with L. F. Rothschild & Co., Financial Consultant, for the Southeast Bakersfield Waste- water Project. Upon a motion by Councilman Heisey, Agreement with L. F. Rothschild & Co., for financial consultant services for the South- east Bakersfield Wastewater Project, in an amount not to exceed $6,500.00, was approved and the Mayor was authorized to execute same. Councilman Medders, Chairman of the Budget Review and Finance Committee stated that in regards to the seminars to be held during the next few weeks on "Preservation of the Principles of Freedom," the committee has decided that they will leave it to the discretion of the City Manager as to which City employees shall attend and a report will be made next week regarding deleting or postponing Council meetings so the Council may attend. Consent Calendar. The following items were listed on the Consent (a) Allowance of Claims Nos. 2405 to 2526 inclusive, in the amount of $135,809.40. Calendar: 204 Bakersfield, California, January 27, 1975 - Page 9 (b) Claim for Personal Injuries from Kenneth L. Faulkner, Jr., by his Guardian Ad Litem, Kenneth L. Faulkner. (Refer to City Attorney) (c) Plans and Specifications for construction of the Oleander Avenue Storm Drain System. ADDENDUM Budget Transfer in the amount of $1,500.00 for parking lot improvements on the south- west corner of Truxtun Avenue and "H" Street and $3,725.00 for parking lot improvements on northwest corner of Truxtun Avenue and "H" Street. Upon a motion by Councilman Strong, Items (a), (b), (c) and Addendum of the Consent Calendar, ~ere adopted by the following roll call vote: Ayes: Councilmen Heisey, Medders, Rogers, Strong, Thomas, Barton Noes: None Absent: Councilman Bleecker. Action on Bids. Upon a motion by Councilman Thomas, bid of Rossi Bros. in the amount of $3,080.00 for livestock grazing at the City's Wastewater Treatment Plant No. 3, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. New Business. Adoption of Resolution of Intention No. 904 of the Council of the City of Bakersfield, declaring its intention to order the vacation of the Alley in Block 283, bounded by Truxtun Avenue, "G" Street, 17th Street and "R" Street, City of Bakersfield. Upon a motion by Councilman Medders, Resolution of Intention No. 904 of the Council of the City of Bakersfield, declaring its intention to order the vacation of the Alley in Block 283, bounded by Truxtun Avenue, "G" Street, 17th Street and "H" Street, City of Bakersfield and setting February 24, 1975 for Bakersfield, California, January 27, 1975 - Page 10 hearing following roll call Ayes: Noes: Absent: on the matter before the Council, was adopted by the vote: Councilmen Heisey, Barton None Councilman Bleecker Medders, Rogers, Strong, Thomas, Approval of request by Public Works Department to declare a portion of "N" Street Right of Way as Surplus Property. Upon a motion by Councilman Thomas, request of the Public Works Department to declare a portion of the "N" Street right of way, where it intersects with 23rd Street, as surplus property, was approved and the Finance Director was authorized advertise for bids. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Heisey, the meeting was adjourned at 9:20 P.M. to MA of thefield, Calif. ATTEST: CITY CLE~l~and Ex-Off~qio Clerk of the Council of the C~ity of Bakers~eld, California ma Bakersfield, California, February 3, 1975 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., February 3, 1975. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Reverend Leslie Bearden of the First Nazarene Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Medders, Rogers, Strong, Thomas Barton, Bleecker, Heisey None Minutes of Absent: the regular meeting of January 27, approved as presented. : ~ Correspondence. Communication from A1 Augustine, President of 20-30 Club of Timothy Banks 1975 were the Active Bakersfield, thanking the Council for appointing to the Planning Commission, was received. Council Statements. Upon a motion by Councilman Rogers, communication from William R. Perry, 2921Staunton Court, requesting a 4-way Stop Sign at the intersection of Wenatchee Avenue and Renegade Avenue, was referred to the Traffic Authority. Councilman Bleecker presented a comprehensive interim report from the Governmental Efficiency and Personnel Committee regarding the study of a Paramedic Program for the City of Bakers- field. Councilman Bleecker stated that the Governmental Efficiency and Personnel Committee is continuing an in-depth study and will make a report as soon as possible. Reports. After discussion, upon a motion by Councilman Rogers, report presented by Chief of Police Price regarding "Project Safer California," was received and referred to the Governmental Bakersfield, California, February 3, 1975 - Page 2 2a7 Efficiency and Personnel Committee for study and recommendation to the full Council at a later date. Upon a motion by Councilman Rogers, Annual Report for 1974 of Miscellaneous, Fire and Police Civil Service Commissions, was referred to the Governmental Efficiency and Personnel Committee for further study. Planning Commissioner Dean Gay presented a report to the Council on the Community Development Program, recommending that a draft application be prepared and submitted to the Kern Council of Governments to include the following specific program areas: 1. Planning Studies ............. $121,000 2. Public Improvements I i ...... 75,000 a. Monitor & Pacheco Storm Drain Project .............. $15,000 b. "V" Street Storm Drain Project .................... 25,000 c. 19th & Haley Streets Storm Drain Project ........ 35,000 3. Housing & Neighborhood Improvements ......... 24,000 a. Housing Code Enforcement .... 7,000 b. Curb & Gutter Revolving Fund ........................ 15,000 c. Tree Farm ................... 2,000 4. Parking & Spot Blight Land Bank (Revolving Fund) ............................ 86,000 5. Administration ............................. 25,000 TOTAL $331,000 After discussion, upon a motion by Councilman Barton, report from the Planning Commission regarding the Community Development Program, was received. Mrs. Marie Dickinson, Council and Development staff regarding the Act fum ts. 1733 Cypress Street, questioned the proposed application for Community 205 Bakersfield, California, February 3, 1975 - Page 3 Councilman Medders, Chairman of the Budget Review and Finance Committee, read Report No. 1-75 regarding Transfer of Funds from Contingency Reserve to Data Processing and Finance Activity Budgets, as follows: On Wednesday, January 29, 1975, the Finance Director made a report to the committee regarding the unexpected effect on Finance Department Work loads caused by the Federal Fair Labor Standards Act, State Laws regarding the City's memorandums of understanding with labor organizations, and unanticipated general programming requirements of the City's new magnetic disc computer. The increased work loads will require a total increase of $19,000 for overtime and extra help in the Data Pro- cessing Budget and the Finance Director's general budget for the current year ending June 30, 1975. In addition, the increased price of paper products will require an increase of $1,000. The City's outside auditors have recommended a firepooof filing cabinet for storing vital documentation which will cost approximately $700. It is also advisable that the City accelerate its purchase of some additional magnetic discs for storing vital information. The discs will cost approximately $1,000. The increase in obligations of both the Data Processing budget and the Finance Director's general budget totals $21,700. There are, however, some savings in other areas of the Data Processing budget which can be utilized to offset some of the increase. The savings total $3,700, leaving a net requirement of $18,000 to be provided. The Committee recommends that the available savings in the Data Processing budget be utilized and that a transfer of $18,000 be authorized from the contingency reserve. Upon a motion by Councilman Medders, Report No. 1-75 of the Budget Review and Finance Committee regarding Transfer of FundIs from the Contingency Reserve to Data Processing and Finance Activity Budgets in the amount of $21,700.00, was approved. Councilman Bleecker, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 3-75 regarding: Allocation of Three Additional Detective Positions, as follows: Bakersfield, California, February 3, 1975 - Page 4 This Committee has met several times in the past few weeks with the staff to study a request by Chief of Police Robert Price regarding the allocation of three additional detective positions. This request has been submilIted at this time rather than during the regular budget hearings due to the recent enactment of the Fair Labor Standards Act and the extremely heavy case load that exists in the Detective Division of the Police Department. Rather than give a blanket approval of additional personnel, the Committee discussed several alternatives with the Chief, such as the transfer of existing patrol personnel to detectives; however, Chief Price assured us that this is not possible without cutting efficiencies in other divisions. Based on the evidence provided to us at the need for additional detectives is certainly apparent; however, it is of utmost importance that the Council understand the annual cost factors involved in this request. In order to allocate three additional detective positions it will be necessary to hire three new police officers. In turn three of the present police officers will be upgraded to senior police officers and three senior police officers will be upgraded to detectives. The annual cost to the City for these transactions will be $59,000; in addition the cost of equipment to outfit the three new police officers will be $1,500 for a total of $60,500. If an additional automobile is required the initial cost will be $5,540, with an annual maintenance and replacement cost of $2,900. However, Chief Price has assured us that an additional automobile will not be required this year. Combining all expenditures it can be reasonably estimated that these additional detective positions could cost the taxpayers approximately $.03 on the tax rate annually. The Governmental Efficiency and Personnel Committee advises the Council that we ordinarily would not approve any additional expenditures prior to the next budget session except in a case of extreme emergency. After careful consideration of the Chief's request, this Committee is recommending that the City Police Department's complement of personnel be increased by three additional detective positions effective immediately, and that $25,000 be transferred from the Cou ~il's Contingency Fund to offset these costs for the remainder of fiscal year 1974-75. Upon a motion by Councilman Bleecker, Report No. 3-75 the Govmrnmental Efficiency and Personnel Committee allocating Bakersfield, California, February 3, 1975 - Page 5 three additional Detective positions for the Police Department and Budget Transfer to offset the costs for the remainder of Fiscal Year 1974-75, was approved. Upon a motion by Councilman Bleecker, the Council recessed to an Executive Session to discuss a legal matter with the City's Consulting Attorneys on water matters. Councilman Heisey reported on the subject under discussion in the Executive Session by reading tha following News Release: The City of Bakersfield acted to bring peace on the Kern River when it dismissed the legal action brought by the City and the California Water Service Company against claimants to the water rights of the Kern River at both first and second points of diversion. Dismissal of the suit is part of the purchase agreement between the City and Tenneco under which the City acquires Tenneco's water rights. The Plaintiffs have satisfied their water claims on behalf of City residents by negotiating the City's acquisition of Kern River rights owned by Tenneco West and its subsidiaries. The dismissal leaves intact the claims to Kern River rights settled by the Miller-Haggin Agreement of 1888 and the famous Shaw Decree of 1900. Prior Council action had authorized the City's Water and Growth Committee chaired by Councilman Walter Heisey with Council members Donald Rogers and Don Thomas to investigate whether further legal proceedings were necessary against other river claimants to accomplish the purposes of the suit. The Committee concurred with the recommendations of its consultants that the continuation of the suit was no longer necessary nor in the best public interest. "The action of the City in dismissing the suit should be reassuring to the farmers in the areas surrounding the City of Bakersfield. The City has always considered that the rights of farmers are a matter of concern to City government. The City will continue to work with agricultural interests in a cooperative way for mutual benefit." "This demonstration of good faith eliminates any cloud on the historical rights of the Kern River water users." "As a responsible member of the local water community the City plecges its continued best efforts to the solution of any future water problems on the river." Bakersfield, California, February 3, 1975 - Page 6 Consent Calendar The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2527 to 2594 inclusive, in the amount of $32,490.69. (b) Application for Encroachment Permit from Mrs. Brenda Boseley, l101 Baker Street. (c) Plans and Specifications for construction of street widening and improvements on approaches to intersection of Ming Avenue and Hughes Lane. (d) Plans and Specifications for installation of Traffic Signal and Street Lighting Systems at the intersection of Ming Avenue and Hughes Lane. (e) Payment of Architect's fees for extra work done on the Police Building. 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 Medders, Rogers, Strong, Thomas, Barton Bleecker, Heisey Noes: None Absent: None New Business. Approval of Construction Change Order No. 1 to Contract No. 74-109 with Fred S. Macomber for work on Police Building Project. This Change Order includes three items concerning construction of the Police Building. Extra work created by changing the location of the building from Eye Street to Truxtun Avenue. Deletion of certain equipment from the contract which will be rebid at a later date. Construction work necessary to develop that ~ block of property (Sheldon property) which was not included in the original contract. New effect of the Change Order decreases the contract in the amount of ($208,076.14). 212 Bakersfield, California, February 3, 1975 - Page 7 Councilman Medders made a motion to approve Construction Change Order No. I to Contract No. 74-109 with Fred S. Macomber for work on the Police Building project and authorize the Mayor to execute same. City Manager Bergen stated that the overall amount budgeted for the new Police Building was $3,112,480.00 but at the time the contract was awarded it was brought out that the present cost would be greater and sufficient contingency funds are avail- able. The project cost based on (a) no savings on radio or electronic equipment, (b) $105,000.00 for Sheldon property, and (c) no maintenance facility, would result in a total cost of $3,477,938.00 or $365,458.00 above the amount budgeted. Further clarification was made of Change Order No. 1. Councilman Medders' motion to approve Construction Change Order No. 1 to Contract No. 74-109 with Fred S. Macomber for work on the Police Building project and authorize the Mayor to execute same, was approved. Hearings. This is the time set for public hearing on application of the Church of Jesus Christ of Latter-Day Saints to amend the zoning boundaries from an R-1 (One Family Dwelling) Zone to an R-1-CH (One Family Dwelling - Church), or more restrictivq Zone, that certain property in the City of Bakersfield located on the northwest corner of Kennedy Avenue and South Real Road. This hearing has been duly advertised, the property posted and property owners notified as required by law. Subject property contains 4.62 acres of land located in a neighborhood zoned for single and multi-family residential. The property has frontage on two residential streets which connect to secondary highways to the north, east, south and west. Bakersfield, California, February 3, 1975 - Page 8 The Planning Commission found thai the proposed R-1-CH zoning and proposed future development of subject property will not have a significant effect on the environment and that it is consistent with the General Plan. The Planning Commission recom- mended approval as requested and advertised. Mayor Hart declared the hearing open for public partici- pation. No protests or objections were received. Mr. William Paynter, Architect, was present as a representative of the Church of Jesus Christ of Latter-Day Saints, 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 Thomas, Ordinance No. 2219 New Series amending Title Seventeen of the Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northwest corner of Kennedy Avenue and South Real Road, 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 call vote: Ayes: Councilmen Medders, Rogers, Bleecker, Heisey Noes: None Absent: None There being no adopted by the following roll Strong, Thomas, Barton, Adjournment. further business to come before the Council, upon a motion by Councilman Strong, the meeting was Calif. adjourned at 10:15 P. M. MAYOrfield, ATTEST: CITY a o Clerk of the of th~ City of Ba~rsfield, California ma Council Bakersfield, California, February 10, 1975 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., February 10, 1975. The meeting was called to order by Mayor Hart followed by ~he Pledge of Allegiance and Invocation by Reverend Robert Sanford of the Wesley United Methodist Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilman Rogers, Strong, Thomas, Barton, Bleecker, Heisey, Medders Absent: None Minutes of the regular meeting of February 3, 1975 were approved as presented. Preseantation of Retirement Plaque. Mayor Hart presented a retirement plaque to Jordan Young of the Police Department, who completed 25 years of service with the City of Bakersfield, effective February 1, 1975. Council Statements. Councilman Medders presented a in the vicinity of California Avenue and installation of a traffic signal at that Medders referred the petition to the staff for requested that report be made to the Council at February 24, 1975. petition from residents "A" Street requesting intersection. CouncilmarL investigation and the meeting of Councilman Heisey stated that several months ago a com- munication was received from the Bakersfield Art Commission requesting that the City and County provide the funds necessary to build an addition to the Cunningham Art Gallery. Councilman Heisey requested that the staff meet with the County and provide a plan to be considered at this year's budget hearings. Reports. Public Works Director Bidwell read a report regarding Transfer of Funds for the Weed Abatement Program, as follows: Bakersfield, California, February 10, 1975 - Page 2 The contract for the 1974 Weed Abatement Program has been completed and the cost of the work determined. Although the total cost of the work will be recovered from the property owner at some future date, the additional funds are needed at the present time to pay for this work. The original contract amount was $32,~10, how- ever, many owners cleaned their own property thereby reducing the contract to $20,978. In addition, the contractor was assessed $1,140 for exceeding the allotted time, which further reduced the amount due to $19,838. The amount budgeted was $12,000, leaving a deficit of $7,838. Therefore, it is requested that $7,838 be transferred from the Council Contingency fund to complete payment for the work. Upon a motion by Councilman Thomas, Budget Transfer in the amount of $7,838.00 from the Council's Contingency Account No. 11-510-6100 to Public Works Account No. 11-655-4100, to complete payment for the work on Phase I of the 1974 Weed Abatement Program, was approved. Public Works Director Bidwell reported on a request from the Panama Bnion School District for widening of Planz Road, as follows: The City Council, on December 23, 1974, referred the request from Panama Union School District pertaining to traffic on Planz Road to the staff for study and recommendation. The Traffic Authority and Public Works Depart- ment have reviewed this matter and offer the following comments and recommendation. The most recent traffic counts on this segment of roadway indicate that approximately 1500 cars per day use this road. A two lane road has a capacity of 600 vehicles per hour per lane, although this volume would not be desirable without parking and left turn lanes in the vicinity of the school. Since the present count is far below the volume needed to justify a four lane street, we recommend addition of another lane in the south half of Planz Road (not dedicated). This would allow for a parking lane along the north side of Planz Road and two travel lanes. The parking lane would move the fast traffic away from the Bakersfield, California, February 10, 1975 - Page 3 curb and sidewalk area and also provide some area for bicycle traffic. The City does not have the necessary right of way for the proposed widening but the owner of the adjacent property from Stine Road to Akers Road has indicated he would make the necessary dedication if we relocate an irrigation channel within that section of right of way. In addition, we may be able to acquire the right of way from Akers Road to Real Road. These two segments comprise about 3/4 of the distance from Stine Road to Wible Road and encompass the major area of concern. We are unable to acquire the rest of the right of way at this time. The total cost for the proposed widening from Real Road to Stine Road is estimated to be $60,000. This project has been included for Council consideration in the draft Capital Improvement Program for the fiscal year 1975- 76. We recommend that further action on this item be deferred until that time. Upon a motion by Councilman Thomas, request from the Panama Union School District for widening of Planz Road, was deferred until budget hearings on the Capital Improvement Program for Fiscal Year 1975-76. Consent Calendar. The following items were listed on the Consent Calendar:: (a) Allowance of Claims Nos. 2595 to 2663, inclusive, in the amount of $132,970.42. (b) Notice of Completion and Acceptance of Work on construction o£ Sump Fence at "K" Street and 32rid Street - Contract No. 74-110 with Kern Fence Company. <c) Notice of Completion and Acceptance of Work on construction of Sanitary Sewer Mains in portions of White Lane and Wilson Road, Section 15, T.30S., R.27E. - Contract No. 74-104 with A & D Backhoe Rentals. (d) Adoption of Resolution No. 8-75 of the Council o~ the City of Bakersfield making finding concerning proposed Subdivision: Tenative Tract 3745 located northerly of Fraser Road and easterly of Wilson Road. Bakersfield, California, February 10, 1975 - Page 4 Upon a motion by Councilman Strong, and (d) of the Consent Calendar, were adopted roll call vote: Ayes: Councilmen Rogers, Strong, Thomas, Heisey, Medders Noes: None Absent: None Action on Bids. Items (a), (b), (c) by the following Barton, Bleecker, Upon a motion by Councilman Medders, bids of Kern Printing Company (66 items), Hall Letter Shop (40 items) and Hoven and Company (32 items), for Printed Forms, ACB 13775, were accepted and the Mayor was authorized to execute the contracts. Upon a motion by Councilman Bleecker, bid of Target Chemical Company for Agricultural Chemicals, was accepted, all other bids rejected and the Mayor was authorized to execute the contracl:. Deferred Business. Action on Planning Commissions recom- mendation regarding Community Develop- ment Program. City Manager Bergen stated that a letter has been received from the League of Women Voters, dated February 9, 1975, supporting the proposed application for Housing and Community Development Acf funds and announced that the Planning Commission will be holding a public hearing on this matter in the Middle of March, 1975. Councilman Barton moved that the staff be authorized to proceed with the Community Development Program by filing a Draft Application and Draft Environmental Impact Report with the Kern Council of Governments. Councilman Bleecker stated that the Community Development Program consists of ultimately requesting $331,000.00 of Federal funds and on this issue he has conflicting thoughts and opinions, but cannot find any immediate ominous Federal strings attached to the funds. With the tremendous national debt and willingness year 218 Bakersfield, California, February 10, 1975 - Page 5 after year to extend and increase the debt limit he cannot see where the Federal Government has money to share. However, as long as the Federal Government is willing to share and the City does not get involved with long range programs that can be withdrawn at any time, leaving the City of Bakersfield high and dry, and since one small city in California cannot change the course of events and attitudes overnight, I am going to take the expedient and immediately practical course and vote in favor of the program. Councilman Rogers stated that the entire concept of Revenue Sharing is a very clever plan to lead the City into the strait jacket of Regional Government and our own government is using tax money to finance this trip. Therefore, I will vote in opposition to this action. Councilman Heisey stated that he also agrees with the concept of having handouts from Washington, however, this is a little bit different than it has been in the past. Formerly, the Federal Government would dream up a program and they would decide what and how money was to be used. Cities can now provide their own set of standards as to what they want to use the funds for and on that basis I would support the motion. In my own mind I was most careful to see that these funds are not committed for activities that the City would be trapped into Dn a continuing basis when the funds are not available. The funds can be given and received for Capital Improvements where they are needed and can be used to improve our community and any time the Federal Government wants to drop the program that will be all right but at least the City will have a few projects completed. Councilman Medders stated he would have to support the program on the basis that it seems worthwhile, plus it is greatly needed. Bakersfield, California, February 10, 1975 - Page 6 Councilman Barton's motion that the staff be authorized to proceed with the Community Development Program by filing a Draft Application and Draft Environmental Impact Report with the Kern Council of Governments, carried by the following roll call vote: Ayes: Councilmen Strong, Thomas, Barton, Bleecker, Heisey, Medders Noes: Councilman Rogers Absent: None Hearings. This is the time set for continued 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 ~equired by law. The public portion of this hearing was closed at the Council Meeting of December 9, 1974. Councilman Bleecker moved to continue the hearing on annexation of "Kern River No. 4," until April 14, 1975. Upon request of Councilman Strong, Mayor Hart inquired if there was anyone present who would be inconvenienced by continuing this hearing until April 14, 1975. There were no objections from the audience. Councilman Bleecker's motion to continue the hearing on annexation of "Kern River No. 4," until April 14, 1975, carried by the following roll call vote: Ayes: Councilmen Rogers, Strong, Thomas, Barton, Bleecker, Heisey, Medders Noes: None Absent: None This is the time set for continued public hearing before the Council for hearing protests by persons owning real property Bakersfield, California, February 10, 1975 - Page ? 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 properly owners as required by law. The public portion of this hearing was closed at the Council Meeting of December 9, 1974. Upon a motion by Councilman Thomas, the hearing on the annexation of "Kern River No. 5," was continued until April 14, 1975, by the following roll call vote: Ayes: Councilmen Rogers, Strong, Thomas, Barton, Bleecker, Heisey, Medders Noes: None Absent: None This is the time set for public hearing before the Council for hearing of protests, objections or appeals in respect to the diagram, assessments and work done in Public Improvement District No. 894, (the construction of required curbs and gutters, sidewalks, driveway approaches and alley returns adjacent to Lots 13 through 34 and Lois 49 through 66 of Tract Na. 1320, and Blocks T and U of Sunset Tract, in the City of Bakersfield) pursuant to Resolution of Intention No. 894 and the Improvement Act of 1911. This hearing has been duly advertised and notices of assessments mailed to all affecfed property owners. Mayor Hart declared the hearing open for public parfici-. patton. Mr. Edwin Gordon, 1920 Harper Avenue, who circulated the! petition for these improvements, stated he was objecting to the difference between the estimate and actual assessment. Director of Public Works Bidwell stated that an estimate was mailed to each property owner prior to the work being done and in most cases the estimates were higher than the actual assessments. Bakersfield, California, February 10, 1975 - Page 8 During discussion, City Attorney Hoagland stated that the reason Councilman Strong requested that estimates be mailed to each property owner was to give them the opportunity to protest at the public hearing, before the contract was awarded, if the charge was beyond their means. Mr. Joe Brown, contractor for Public Improvement District No. 894, explained the billing process after the assessment list is approved by the Council and stated thai he cannot receive payment on the work performed until that list is approved. Maggie Thompson, 1120 Collins Way, stated that there was approximately $200.~0 difference between the estimated cost and actual assessment for the improvements on her property. Mrs. Elizabeth Blue, 1020 South Williams Sfreet, objected to the assessment for the improvements on her property and stated she did not fully understand how the assessment is to be paid. Mrs. Salene Stevens, lll8 Chico Street, stated that she received several calls regarding the assessments for Public Improve- ment District No. 894 and one of the problems is that the people were not informed and many signed the petition not knowing what they were doing. Mrs. Stevens requested thai the people be educated before circulating a petition as they are concerned about losing their property because they cannot afford to pay the assessments. After a lengthy discussion, no further protests or objections being received, the Mayor declared the public portion of the hearing closed for Council deliberation and action. Upon a motion by Councilman Strong, hearing in respect to the diagram, assessments and work done in Public Improvement District No. 894, was deferred until February 24, 1975, and the staff was requested to determine all the facts and work out an acceptable solution to the problems. Bakersfield, California, February 10, 1975 - Page 9 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Medders, the meeting was adjourned at 9:50 P.M. MAYOR of the City of Bakersfield, Calif. ATTEST: of the City if~Bakersf~leld, California Council CITY CLER~a~d Ex~Of~Clerk of the ma Bakersfield, California, February 24, 1975 Minutes of a regular meeting of the Cou~il of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., February 24, 1975. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Joe D. Marshall, Chaplain of the San Joaquin Hospital. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Strong, Heisey, Absent: None Minutes of the regular meeting of February 10, 1975 were approved as presented. Scheduled Public Statements. Mr. D.C. Parks, 2639 Belle Terrace, representing the Native Sons of the Golden West and Addictire Drugs Educational Foundation, requested the Council to adopt a resolution opposing the efforts of those who are trying to decriminalize or liberalize existing laws on marijuana or other dangerous drugs. Adoption of Resolution No. 9-75 of the Council of the City of Bakersfield against decriminalization and moderni- zation of laws on Marijuana and Dangerous Drugs. Upon a motion by Councilman Heisey, Resolution No. 9-75 of the Council of the City of Bakersfield against decriminalization and modernization of laws on Marijuana and Dangerous Drugs, was adopted by the following roll call vote: Ayes: Councilmen Strong, Thomas, Barton, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None Mr. Jack Collier, 633 Olive Street, presented a letter and petition signed by approximately 70 persons protesting the excessive noise, littering and disturbance of the peace on Friday Thomas, Barton, Bleecker, Medders, Rogers Bakersfield, California, February 24, 1975 - Page 2 and Saturday nights by people that meet and congregate on the premises in and around the Oak Lane Shopping Center on Oak Street and Chester Lane. Upon a motion by Councilman Medders, the petition protesting excessive noise, littering and disturbing the peace in and around the Oak Lane Shopping Center, was accepted and referred to the City Manager for investigation by the Police Department. Council Statements. Councilman Heisey stated that he has been in contact with the State Highway Commission regarding on and off ramps on the west side of Mr. Vernon on the cross town freeway and the State indicated that a tenative agreement could be looked upon favorably providing it is done on a joint basis with the County and City. Upon a motion by Councilman Heisey, the Intergovernmental Relations Committee was requested to continue to work with the Kern County Board of Supervisors and meet with the Highway Com- mission in May to present a combined resolution offering to cooperate, on a reasonable basis, in order to construct the two on-off ramps on the west side of Mr. Vernon Avenue. Mayor Hart announced that he appointed Mr. Robert Bethea, 3700 Soranno Avenue, to the California Avenue Park Neighborhood Facility Citizens Advisory Committee, replacing Reverend Harry Williams. Councilman Bleecker refuted information contained in a mailer that was sent to registered voters in the 5th Ward by Robert Elling, candidate for Councilman of that Ward. Reports. Deferral of Report from Public Works Department and Police Department regarding the intersection of Cali- fornia Avenue and "A" Street. City Manager Bergen stated that due to the illness of the Police Department's Traffic Lieutenant the report regarding Bakersfield, California, February 24, 1975 - Page 3 the intersection of California Avenue and "A" Street has not been completed, however, it will be made as soon as possible. Councilman Rogers stated that he would like to remind t]~e staff of the request for a 4-Way Stop Sign at the intersection of Wenatchee Avenue and Renegade Avenue which was referred to the Traffic Authority. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2664 to 2851 inclusive, in the amount of $233,912.79. (b) Claim for damages from Pacific Telephone Company. (Refer to City Atforney) (c) Sewer Line Easement from Egan Gost, et al, right of way for maintenance of sewer line to serve properties west of Oswell Street and south of Auburn Street. (d) Notice of Completion and Acceptance of Work for street improvements under Tract No. 3678 - Contract No. 74-24 with Tenneco Realty Development Corporation. (e) Notice of Completion and Acceptance of work for street and sewer improvements under Tract No. 3701 Contract No. 74-75, with Tenneco Realty Development Corporation. (f) Application for Encroachment Permit from Hopper, Inc., 301Espee Street. (g) Application for Encroachment Permit from U.S. Postal Service Office, 424 California Avenue, subject to the following condition as recommended by the Public Works Dept.: (i) Fence on "S" Street to be placed 6' back of curb to provide an area for pedestrian traffic. (h) Map of Tract No. 3698-A and Contract and Specifications for improvements therein located on easterly extension of Wendy Avenue, south of University Avenue and east of Columbus Street. Upon a motion by Councilman Strong, Items (a), (b), (c), (d), (e), (f) and (g), with deletion of Item (h), were adopted by Bakersfield, California, February 24, 1975 - Page 4 the following roll call vote: Ayes: Councilmen Strong, Thomas, Barton, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None Action on Bids. Upon a motion by Councilman Medders, low bid of Micon Construction Company for construction of the Oleander Avenue Storm Drain System, was accepted, all other bids rejected and the Mayor.. was authorized to execute the contract. Upon a motion by Councilman Medders, low bid of Clark's Sprinkler Service for construction of Automatic Sprinkler System at Saunders Park, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. New Business. Adoption of Amendatory Resolution No. 10-75 of the Council of the City of Bakersfield adopting principles, objections, criteria, definitions and procedures for the orderly evaluation projects and the preparation of Environmental Documents under the California Environmental Qualify Act (CEQ~) and the State EIR Guidelines as amended effective January 7, 1975. Upon a motion by Councilman Barton, Amendatory Resolutie~n No. 10-75 of the Council of the City of Bakersfield adopting principles, objections, criteria, definitions and procedures for the orderly evaluation projects and the preparation of Environ- mental Documents under the California Environmental Quality Act (CEQA) and the State EIR Guidelines as amended effective January 7, 1975, was adopted Ayes: Councilmen Noes: None by the following roll call vote: Strong, Thomas, Barton, Bleecker, Medders, Rogers Heisey, Absent: None Bakersfield, California, February 24, 1975 - Page 5 227 First readingof an Ordinance of the Council of the City of Bakersfield amending the Municipal Code by repealing Chapter 8.80 and substituting in lieu thereof a new Chapfer 8.80, providing for the Abatement of Weeds and Waste Matter constituting Public Nuisance, Notices, Hearings and Collection of Unpaid Assessments as Taxes and assigning duty of enforcement to Chief of the Fire Department. This ordinance modifies the Weed Abatement Law of the City in the following respects: 1. Adds "waste matter" such as rubbish, concrete cartons, etc. as a public nuisance subject to abatement. 2. If assigns the duty of enforcement to the Fire Chief. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending the Municipal Code by repealing Chapter 8.80 and substituting in lieu thereof a new Chapter 8.80, providing for the Abatement of Weeds and Waste Matter constituting Public Nuisance, Notices, Hearings and Collection of Unpaid Assessments as Taxes, and assigning duty of enforcement to Chief of the Fire Department. Approval of Agreement for Grissom Park Electrical Service between the City and Pacific Gas & Electric Co. Upon a motion by Councilman Thomas, Agreement with Pacific Gas & Electric Company for electrical services to Grissom Park, was approved and the Mayor was authorized to execute same. Approval of Agreement for electrical work between the City and Pacific Gas and Electric Company. Upon a motion by Councilman Medders, Agreement with Pacific Gas & Electric Company for electrical work, providing for the installation of two street lights on steel poles to replace existing wood poles as part of the underground district for the City Hall-Police Facility area, was approved and the Mayor was authorized to execute same. Bakersfield, California, February 24, 1975 - Page 6 and "H" patton. of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Bleecker, Resolution No. 11-75 of the Council of the City of Bakersfield ordering the vacation of the Alley in Block 283, bounded by Truxtun Avenue, Hearings. This is the time set for public hearing on Resolution oi' Intention No. 904 of the Council of the City of Bakersfield, Cali- fornia, declaring its intention to order the vacation of the Alley' in Block 283, bounded by Truxtun Avenue, "G" Street, l?th Street Street, City of Bakersfield. This hearing has been duly posted. Mayor Hart declared the hearing open for public partlet- No protests or objections being:received, the public portion Street, 17th Street and "H" Street City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Strong, Thomas, Barton, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None This is the time set for continued hearing before the Council for hearing of protests, objections or appeals in respect to the diagram, assessment and work done in Public Improvement District No. 894 (construction of required curbs and gutters, side- walks, driveway approaches and alley returns adjacent to Lots 13 through 34 and Lots 49 through 66 of Tract No. 132D, and Blocks T and U of Sunset Tract, in the City of Bakersfield) pursuant to Resolution of Intention No. 894 and the Improvement Act of 1911. The Public portion of this hearing was closed at the Council Meeting of February 10, 1975. Councilman Strong inquired if there were any further comments from persons in the audience regarding the assessments on Public Improvement District No. 894. No one requested to be heard. Bakersfield, California, February 24, 1975 - Page 7 Councilman Strong stated that in this particular Public Improvement District the City did more than is ordinarily done in an attempt to notify the property owners what their financial responsibilities would be once the district was formed and he personally checked the estimates and assessments and found them to be very close. Upon a motion by Councilman Strong, Resolution No. 12-75 of the Council of the City of Bakersfield, California, providing for contribution of part of the cost and expenses of certain work completed in Public Improvement District No. 894, was adopted by the following roll call vote: Ayes Councilmen Strong, Thomas, Barton, Bleecker, Heisey, Medders, Rogers Noes None Absent: None Upon a motion by Councilman Strong, Resolution No. 13-75 of the Council of the City of Bakersfield, California, making determinations and confirming assessments of the cost of doing the work ordered pursuant to Resolution of Intention No. 894, was adopted by the following roll call vote: Ayes: Councilmen Strong, Thomas, Barton, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None Adjournment. There being no further business to come before the by Councilman Bleecker, the meeting was Council, upon a motion adjourned at 8:50 P.M. MAYO he~eld, ATTEST: of the City of Bakq~field, California ma Calif. 230 Bakersfield, California, March 3, 1975 Present: 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., March 3, 1975. The meeting was called to order by Mayor Hart £ollowed by the Pledge of Allegiance and Invocafion by Councilman Walter Heisey. The City Clerk called the roll as follows: Mayor Hart. Absent: approved Councilmen Thomas, Barton, Bleecker, Heisey, Medders, Rogers, Strong None Minutes of as presented. Presentation of Mayor Hart presented the regular meeting of February 24, 1975 were Retirement Plaque. a retirement plaque of the Public Works Department, who completed 29 years with the City of Bakersfield, effective March l, 1975. Scheduled Public Statements. to Oral HighmarL of service Mrs. Vivian Hofstetter, Music Educator from Chipman Junior High School, announced that March 13, 1975, has been proclaimed throughout the United States as "Music in our School Days." Miss Julie Weinberger from Chipman Junior High School presented Mayor Hart with an official "Music in our School Days" button. Correspondence. Upon a motion by Councilman Heisey, communication from the Mended Hearts, Inc., Kern County Chapter No. 77, supporting a Paramedics Program for the City of Bakersfield, was received and referred to the Governmental Efficiency and Personnel Committee. Upon a motion by Councilman Heisey, communication from Three-Way Chevrolet, dated February 26, 1975, regarding damage done to a cement block wall by one of the garbage trucks contracted by the City of Bakersfield, was received and referred to the City Attorney. Bakersfield, California, March 3, 1975 - Page 2 Council Statements. Councilman Medders stated he would like to encourage the citizens of Bakersfield to look at the art work painted by students of various Junior High Schools in Bakersfield on the fence surrounding the construction site of the new Police Building. Councilman Medders stated that there have been numerous inquiries in regards to holding the City Council and School District elections one week apart. People were confused and disgusted having to go to the polls twice in one week and they felt a savings to tile taxpayers could have been made by combining elections. The Council[ elections must be held according to the dates set in Section 67 of the City Charter and School District elections must be held on the date set in the Election Code of the State of California. In the interest of saving taxpayers money and as a convenience to the voters, Councilman Medders moved to refer the matter of City Council elections to the staff for study and report. This motion was unanimously approved. Councilman Heisey stated that he wanted to personally thank the voters of the Second Ward who voted for him at the February 25, 1975 Council election and congratulated Mr. J. Merion Christensen who was elected to that office. Reports. Councilman Heisey, Chairman.of the Water and City Growth Committee, read Report No. 3-75 regarding Southeast Bakersfield Sewer Treatment Facilities Consolidation, as follows: On Wednesday, February 26, this committee met to review and discuss further developments relative to the Southeast Bakersfield Sewer Treatment Facilities Consolidation. Letters were sent to over 100 residents asking them to serve on a Citizens Advisory Committee. Forty-Seven people have indicated a willingness to serve, and twelve others asked for additional information. A meeting has been set for Wednesday evening March 5, at 7:30 P.M. in the Civic Auditorium to present a detailed review of the project. Bakersfield, California, March 3, 1975, Page 3 Present af the meeting will be representatives from the City, from the consulting engineers, and from the financial consultants, all of whom are involved in putting this project together. The meeting will have a three-fold purpose. First, ~n up dating on what the project is; secondly, presentation of a timetable for project start-up and implementation; and thirdly, further direction as to the role or commitment of the Advisory Committee. Included as a supplement to the report was a communication from the State Water Resources Control Board, Division of Water Quality Control dated February 27, 1975, regarding recent events concerning the Bakersfield Sub-Regional Waste- water Treatment Plan. Upon a motion by Councilman Heisey, Report No. 3-75 of the Water and City Growth Committee regarding Southeast Bakersfield Sewer Treatment Facilities Consolidation was approved and communication from the State Water Resources Control Board, Division of Water Quality Control, was referred to the Public Works Department and Citizens Advisory Committee for Southeast Bakersfield Sewer Treatment Facilities Consolidation. Councilman Rogers, member of the Legislative Committee, read Legislative Report No. 1-75, as follows: Senate Bill 275 (Dills). This is the controversial labor bill which would supersede the Meyers-Milias- Brown Act under which the City is now operating. From the standpoint of traditional public employ- ment, there are many objectionable features in the bill. They are as follows: 1. The employees are given the right to strike or, in the alternative, an outside third party may make a final and binding decision over an elected counc~'s objection. Compulsory arbitration would have the following ill effects: (1) major policy decisions are made by other than elected officials; (2) the control of the budget would be taken out of the hands of local elected officials; (3) negotiations would be stifled; and (4) it still would not prevent strikes. 2. The unlimited scope of bargaining effectively wipes out management rights. Such issues as manning of fire stations, reduction of refuse collection services, police services, etc. are all subject to bargaining and compulsory arbitration. Bakersfield, California, March 3, 1975 - Page 4 3. Because of the narrow definition given to supervisory employees, it is likely that the mid- management group would be eliminated entirely from the management group. 4. Negotiated contracts would supersede City ordinances and the City Charter. The Charter provisions governing civil service could be superseded by a negotiated contract or compulsory arbitration. 5. Since there is no limitation on secondary boycotts, one unit could effectively close down other City operations during a strike situation. In conclusion, the bill would erode local control to such an extent as to render it impotent. The legislative committee strongly urges opposition to Senate Bill 275. Assembly Bill 481 (Z'Berg). This bill would mandate retirement pay of safety members at 2% at age 50. This bill, like others in the last six years, divests the cities of any choice in the matter. If the State were to pay the cost, it is estimated that $50,000,000 would be the cost annually. The real problem with the legislation is that the State is attempting to take control away from the cities in the area of retirement benefits. After analysis, the City might wish to support such a plan. However, this bill, like others in past years, would not allow the cities that choice. It is recommended that Assembly Bill 481 be opposed by the City as.it has in prior years. Councilman Bleecker stated that "after having attended the Labor Management Seminar in San Francisco, and after having read the League of California Cities' legislative analysis of SB 275, and after having read the City Council's Legislative Committee's report, these are the reasons why I am opposed to SB 275, and I will call for a separate roll call vote on each of the following provisions of that bill. In calling for that roll call vote now, I do not mean to preclude any Councilman from making a statement." 1. "I am opposed to public employees' right to strike under any circumstances as presently provided for by law." Councilman Bleecker called for a roll call vote on Item No. 1 in opposition to SB 275. Bakersfield, California, March 3, 1975 - Page 5 Each Councilman heard in detail, them. Councilman Strong offered a substiture motion that Councilman Bleecker's request for opposition to each item in opposition to SB 275 be deferred until next week to allow the Council time to study these items. Councilman Bleecker stated that each Councilman attended the Labor Management Seminar in San Francisco in which all aspects of SB 275 were discussed. Each Councilman has had, for two weeks or longer, a copy of the League of California Cities Legislative Analysis and since last Thursday a copy o£ the Legislative Report on SB 275 and suggested that they proceed with the roll call vote. Councilman Heisey stated in opposition to the substitute motion that he did not realize these notions were going to be presented tonight but there is nothing new or startling in them. attended the sessions, all the arguments have been and the Council has had plenty of time to study Councilman Rogers commented on what happened in San Francisco and Baltimore when those cities went on strike and stated that it should not be difficult for anyone to make up their minds, right now, whether or not they are opposed to a public employee's right to strike. Councilman Strong stated that he felt there is no urgency in acting upon Councilman Bleecker's recommendations and would like to have time to study each issue. Councilman Barton stated that he supported the substituie motion and would like to have time to review SB 275 in order to clear his own mind that the items in Councilman Bleecker's report are based on the true facts of the law. Councilman Thomas stated that he supported the substitute motion and would like the opportunity to study these items in depth and respond next week. Bakersfield, California, March 3, 1975 - Page 6 Councilman Strong's substitute motion that Councilman Bleecker's request for opposition to each item regarding SB 275 be deferred until next week to allow the Council time to study the items, failed to carry by the following roll call vote: Ayes: Councilmen Thomas, Barton, Strong Noes: Councilmen Bleecker, Heisey, Medders, Rogers Absent: None Councilman Bleecker's motion on Item No. 1 to oppose public employees' right to strike under any circumstances as provided for by law, carried by the following roll call presently vote: Ayes: Noes: Absent: Councilmen Bleecker, Heisey, Medders, Rogers Councilmen Thomas, Barton None Abstaining: Counc. ilman Strong Councilman Strong stated that he will abstain from voting on all five items and wanted the record to show that he is not taking a position one way or the other as he has not had time to study the issues. Cou milman Thomas commented that he disagrees with the wording and therefore, will go on record as voting in the negative on all the items. Councilman Barton stated he is taking the same position as Councilman Strong except he will be voting no on all five items. 2. "I am opposed to a 5-member State Commission appointed by the governor having the legal power to mandate salaries and wages and fringe benefits and working conditions for public employees over the objection of elected local officials. This could force the City into deficit spending with no alternative but to raise City taxes." Bakersfield, California, March 3, 1975 - Page 7 No. call vote: Ayes; Councilmen Bleecker, Noes: Councilmen Thomas, Barton Absent: None Abstaining: Councilman Strong Councilman Bleecker called for a roll call 2 in opposition to SB 275, vote on Item which carried by the following roll Heisey, Medders, Rogers 3. "I am opposed to the legal power this same 5-member commission would have to wipe out certain City ordinances and n~llify provisions of the City Charter voted on and adopted by the people of the City of Bakersfield." Councilman Bleecker called for a roll call vote on Item No. 3 in opposition to SB 275, which carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rogers Noes: Councilmen Thomas, Barton Absent: None Abstaining: Councilman Strong 4. "I am opposed to secondary,boycotts which SB 275 does not prohibit, which means that one unit in the employment of the City could, by striking, close down the entire operation of the city." Councilman Bleecker called for a roll call vote on Item No. 4 in opposition to SB 275, which carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rogers Noes: Councilmen Thomas, Barton Absent: None Abstaining: Councilman Strong 5. "Finally, I am opposed to SB 275 in its entirety as it would practically eliminate local control by local officials elected by the people, and put too much power in the hands of appointed officials in Sacramento." Bakersfield, California, March 3, 1975 - Page 8 Councilman Bleecker further stated that he did not think the people of the City of Bakersfield would want this, ~o, there- fore, he would move that the City Council go on record by roll call vote in opposition to SB 275, which in effect would be approving that part of Legislative Report No. 1-75 opposing SB 275. Councilman Thomas read the following statement: "I, Councilman Don Thomas of the Sixth Ward, ~m opposed to the employees striking; I am not opposed to their right to strike. "Mr. Mayor, I was not going to speak tonight on Mr. Rogers' Legislative Report, however, I feel I am now compelled to do so. Mr. Rogers' report is the typical type of negative thinking without positive alternatives that exemplifies the positions taken by people unknowledgeable in the field of public employee-employer relations. Although I cannot disagree with some of the factual points in Mr. Rogers' report, I do take strong exception to where Mr. Rogers blind opposition to Senator Dill's Bill will lead us. I have been accused by some of advocating the State taking over certain funcions of local government. I tell you this, Mr. Mayor, unless California develops a comprehensive collective bargaining bill for public employees hammered out in the spirit of compromise in Sacramento, the federal government will take over just as they did when we officials of local government failed in our duties of treating our employees fairly in the field of overtime, and I can assure Mr. Rogers, Mr. Bleecker, and this Council that the federal govern- ment will do exactly that in the field of public employee labor relations. The March issue of the prestigious Reader's Digest, a magazine I might add that is not known to be pro-labor. There is an article by Irwin Ross, a noted free lance author who has written articles for the Management oriented magazine "Fortune." Titled "Should Public Workers Have the Right to Strike," with the subtitle "Its a Central Dilemna of Our Time And A Realistic Approach To It Is Available," and that is the exact point I am making that Mr. Rogers is unrealistic in burying his head in the sand approach. "The Dill's Bill is a basic product of the Committee of Labor Relations experts chaired by Ben Aaron, Director of the Institute of Industrial Relations and Law Professor of UCLA. A former president of the American Arbitrators Association who has been appointed and served on numerous presidential commissions and boards. Other members were Don Vial (who by the way was just appointed by Governor Brown to be Director of California Department of Industrial Relations). The other members were Donald Wallatt, Howard Block, and Morris Meyers. All equally qualified and respected by both management and labor in the field of labor relations. Bakersfield, California, March 3, 1975 - Page 9 "The Dill's Bill embodies all of the three main concepts listed in the Reader's Digest article as requested to provide for sound labor management relationship in the public sector. "First, it should grant the same rights of collective bargaining to public employees as exist in the private sector. Second, mediation and fact finding procedures should be provided to'aid the parties in the settlement of disputes. Finally, there should be some mechanism to break an impasse - either the right to strike or binding arbitration. By Mr. Rogers own report these are the main features of the Dill's Bill. I would strongly recommend to Mr. Rogers that if he does not have the time to read the entire Aaron committee report he should at least read the Reader's Digest article before he attempts to get this Council to take an unrealistic position that will lead to further federal encroachment into local government affairs. And the very least we as public officials can do is to make constructive amendments to the Dill's Bill in an effort of reasonable compromise with our state officials and not just be against it. "Your Honor, that is why I opposed every one of these things tonight." Councilman Rogers stated that literally thousands of strikes by public employees have crippled towns and cities all across America. The Council should consider very carefully what we are voting on, what is best for the City of Bakersfield and who is actually going to run the City. Councilman Bleecker stated that all of the remarks he has made tonight are aimed at the present provisions of SB 275; it may be changed, but he is certainly opposed to those blatantly hostile clauses and provisions in SB 275 as they would affect the citizens of Bakersfield, Councilman Bleecker's motion for a roll call vote on Item No. 5 which would approve that part of Legislative Report No. 1-75 opposing SB 275, carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rogers Noes: Councilmen Thomas, Barton Absent: None Abstaining: Councilman Strong Bakersfield, California, March 3, 1975 - Page 10 The Mayor was requested to prepare the necessary communi- cations to the Committee hearing on SB 275 expressing the Council's opposition. After discussion, upon a motion by Councilman Rogers, that part of Legislative Report No. 1-75 opposing Assembly Bill 48.1 was approved and the Mayor was requested to prepare the necessary communications to the Committee hearing AB 481, expressing the Council's opposition, by the following roll call vote: Ayes: Councilmen Thomas, Barton, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None Abstaining: Councilman Strong Councilman Heisey suggested that the staff prepare a briefing on all activities that involve the City for all newly elected Councilmen and offered his assistance. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2852 and 2946, inclusive, in the amount of $403,836.94. (b) Map of Tract No. 3673 and Contract and Specifications for improvements therein - located West of Stine Road and north of Ming Avenue. Upon a motion by Councilman Strong, Items (a) and (b) of the Consent Calendar were adopted by the following roll call vote: Ayes: Councilmen Thomas, Barton, Bleecker, Heisey, Medders, Rogers, Strong Noes: None Absent: None Action on Bids. Upon a motion by Councilman Medders, bid of Kern Turf Supply for Annual Contract ACB 12176, PVC Pipe and Sprinklers, was accepted and the Mayor was authorized to execute the contract. 240 Bakersfield, California, March 3, 1975 - Page 11 Deferred Business Deferral of adoption of an Ordinance of the Council of the City of Bakers- field amending the Municipal Code by repealing Chapter 8.80 and substituting in lieu thereof a new Chapter 8.80, providing for the Abatement of Weeds and Waste Matter constituting Public Nuisance, Notices, Hearings and collection of Unpaid Assessments as Taxes, and assigning duty of enforce- ment to Chief of the Fire Department. Upon a motion by Councilman Barton, adoption of an Ordinance amending the Municipal Code by repealing Chapter 8.80 and substituting in lieu thereof a new Chapter 8.80, providing for' the Abatement of Weeds and Waste Matter constituting Public Nuisance, Notices, Hearings and collection of Unpaid Assessments as Taxes, and assigning duty of enforcement to Chief of the Fire Department, was deferred for one week and the staff was instructed to prepare a written report on the work load of the Fire Department, Public Works Department and other City Department involved in the Weed Abatement Program. The main concern is that more responsi- bilities are being added to the Fire Department and will this take away from the Fire Prevention Programs dealing with public safety and will it entail an increase in manpower. New Business. Approval of Agreement with Carrier Air Conditioning Company to perform annual inspection and maintenance on the air conditioning unit at City Hall. Upon a motion by Councilman Medders, Agreement with Carrier Air Conditioning Company for annual inspection and maintenance on the air conditioning unit at City Hall, was approved and the Mayor was authorized to execute same. Councilman Thomas requested the Public Works Department to inspect City Streets periodically for r~pairs that need to be done. Bakersfield, California, March 3, 1975 - Page 12 Adjournment to a Specific Time. There being no furlher business to come before the Council at this time~ upon a motion by Councilman Bleecker the regular Council meeting was adjourned at 9:30 P.M. until Tuesday, March 4, 1975, at 12:10 P.M. MA~of Ba~kersfield, Calif. ATTEST: CITY CYLERK and Ex-O/~icio Clerk of the Council of the City of Bak~c~sfield, California ma 242 Bakersfield, California, March 4, 1975 Minutes of an adjourned meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 12:10 P.M., March 4, 1975. Due to the absence of Mayor Hart and Vice-Mayor Heisey, upon a motion by Councilman Strong, Councilman Bleecker was appointed to serve as of the Council of the 1975. The meeting was called to order Bleecker. Present: Absent: Presiding Officer for the adjourned meeting City of Bakersfield, held Tuesday, March 4, by Presiding Officer The City Clerk called the roll as follows: Councilmen Thomas (seated at 12:15 P.M.), Bleecker, Medders, Rogers, Strong Mayor Hart. Councilmen Barton, Heisey New Business. Reception of Certificate of City Clerk of Result of the Canvass of Election Returns of the Nominating Municipal Election for the Office of Councilman in the Second, Fifth and Sixth Wards of the City of Bakersfield, held on February 25, 1975. Upon a motion by Councilman Medders, Certificate of City Clerk of Result of the Canvass of Election Returns of the Nominating Municipal Election for the Office of Councilman in the Second, Fifth and Sixth Wards of the City of Bakersfield, held on February 25, 1975, was received, placed on file and ordered spread in full on the minutes. Bakersfield, California, March 4, ~'] 1975 - Page 2 ~'S T A T E M f~ N T NOMINATING OF ALL AT THE MUNICIPAL HELD February 25, 1975 VOTES CAST ELECTION In The CITY OF BAKERSFIELD STATE OF CALIFORNIA 24d Bakersfield, California, March 4, 1975 - Page 3 NOMINATING 5~ICIPAL ~.~CTION i~RUARY 25, 1975 WAP~NO. 2 CONS. CONSISTING OF REGISTERED VOTES' NO. PRECINCTS VOTERS CAST ~ CHRISTENSEN HEISEY REJECTP=~- 1 302 355 203 120 77 6 2 ~ 303 342 151 82 57 12 3 304 340 139 92 44 3 4 305 314 150 72 73 5 5 306 308 132 96 33 3 .6 307 301 129 93 32 4 7 308 305 126 90 35 1 8 309 408 171 107 ~ 54 10 9 310 361 166 77 70 119 10 326 504 214- 107 99 8 11 503 300 97 54 36 7 12 504 313 127 65 61 1 13 505 175 88 43 42 3 14 506 & 507 171 65 30 34 1 Absentee Ballots 48 13 28 7 TOTAL 4,497 2,006 1,141 775 90 PERCENT 44.61% WARD NO. 5 CONS. CONSISTING OF REGISTERED VOTES NO. PRECINCTS VOTERS CAST CLERICO ELLING MEDDERS REJECTED 15 402, 409 & 412 635 250 59 101 89 1 16 403 414 150 33 50 67 0 17 527 544 240 53 69 118 0 18 529 309 132 34 27 70 1 19 530 297 110 32 13 63 2' 20 531 239 108 73 12 19 4 21 534 274 106 52 17 35 2 22 535 348 157 39 41 76 1 23 536 296 143 33 39 71 0 24 538 356 155 37 40 76 2 25 539 285 132 33 32 66 1 26 540 149 49 8 9 32 0 Absentee Ballots 49 .... 4 11 34 0 TOTAL 4,146 1,781 490 461 816 14 PERCENT 42.95% Bakersfield, California, March 4, 1975 - Page 4 NOMINATING 5~3NICIPAL ELECTION FEBRUARY 25, 1975 WARD NO. 6 CONS. CONSISTING OF NO. PRECINCTS REGISTERED VOTES VOTERS CAST PALS~R SCEAI~ES 27' 404 28 , 405 29 '407 30 408, Group 31 408, Group 32 414, Group 414, Group 34 533 35 541 542 37 543 38 544 39 545 40 551, 513-A 41 553, 554-A I (A-L) II (~-Z) I (A-L) II (~-Z) THO~S Absentee Ballots TOTAL PERCENT 35.88% REJECTED 69 32 8 10 13 1 89 41 1 30 10 0 429 139 25 66 48 0 367 111 29 43 39 0 340 101 33 44 24 0 573 157 45 70 ~42 0 471 90 20 43 27 0 254 113 7 11 95 0 233 85 11 1~ 59 2 272 93 '14 57 21 1 275 -..._ 112 16 54 41 1 305 119 30 48 41 0 292 174 33 72 69 0 289 97 24 52 21 0 310 127 33 47 46 1 48 8 29 10 4,568 1,639 337 689 606 1 7 Bakersfield, California, March 4, 1975 - Page 5 CERTIFICATE OF TO RESULT OF OF ELECTION · CfTY CLERK THE CANVASS RETURNS STATE OF CALIFORNIA) ) COUNTY OF KERN) SS. I, H. E. BERGEN, City Clerk of said City do hereby certify that, in pursuance of the provisions of Section 22932.5 of the Elections Code and of the resolution of the governing body of said City, heretofore adopted and entered upon the minutes of said governing body, I did canvass the returns of the vote cast in said City, at the Nominating 5!unicipal Election held on February 25, 1975, for the offices of Councilman of the Second, Fifth and Sixth Wards, and that the Statement of the Vote Cast, to which this certificate is attached, shows the whole number of votes cast in said City and in each of the respective precincts therein, and that the totals of the respective columns and the totals as shown for each candidate are full, true and correct. Bakersfield, California, March 4, 1975 - Page 6 Adoption of Resolution No. 14-75 declaring result of Canvass of Returns of Nominating Municipal Election held in the City of Bakersfield. Upon a motion by Councilman Strong, Resolution No. 14-75 declaring result of Canvass of Returns of Nominating Municipal Election for Councilman in the Second, Fifth and Sixth Wards of the City of Bakersfield, held on February 25, 1975, was adopted by the following roll call vote: Ayes: Councilmen Thomas, Bleecker, Medders, Rogers, Strong Noes: None Absent: Councilman Barton, Heisey Ward No. 2 J. Merion Christensen Walter F. Heisey 1,141 775 Ward No. 5 Sofiea Bussell Clerico 490 Robert G. Elling 461 Clarence E. Medders 816 Ward No. 6 Lloyd A. Palmer 337 Michael Edward Sceales 689 Don Thomas 606 The following person is hereby declared to be elected to the office of City Councilman for a full term of four years: J. MERION CHRISTENSEN SECOND WARD Adoption of Resolution No. 15-75 calling a General Municipal Election in the City of Bakersfield to be held on Tuesday, April 8, 1975, for the purpose of electing a Councilman in the Fifth and Sixth Wards, establishing Voting Precincts, appointing Precinct Election Officers and designating Polling Places for said election. Upon a motion by Councilman Medders, Resolution No. 15-75 calling a General Municipal Election in the City of Bakersfield to be held on Tuesday, April 8, 1975, for the purpose of electing a Councilman in the Fifth and Sixth Wards, establishing Voting Bakersfield, California, March 4, 1975 - Page 7 Precincts, appointing Precinct Election Officers Polling Places for said election, was adopted by call vote: Ayes: Councilmen Thomas, Noes: None and designating the following roll Absent: Bleecker, Medders, Rogers, Strong Council, upon a motion by Councilman Rogers, adjourned at 12:20 P.M. Councilmen Barton, Heisey Adjournment. There being no further business to come before the the meeting was PR S G OFFIC~cIL OF TH~ Citfof Baker fs ield, California ATTEST: CITY CL~RK and Ex-Of~cio Clerk of the Council of the City of Baker~ield, California ma Bakersfield, California, March 10, 1975 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., March 10, 1975. The meeting was called to order by Vice-Mayor Walter F. Heisey followed by the Pledge of Allegiance and Invocation by Reverend Jack Harney of the Eastside Christian Church. The City Clerk called the roll as follows: Present: Councilmen Barton, Bleecker, Heisey, Medders, Rogers, Strong, Thomas Absent: Mayor Hart Minutes of the regular meeting of March 3, 1975 and adjourned meeting of March 4, 1975 were approved as presented. Scheduled Public Statements. Mr. John Wilson and Mr. A1 Augustine representing the Bakersfield Active 20-30 Club and March of Dimes requested support of the "March of Dimes Telerama" to be held on March 15 & 16, 1975, by proclaiming the week of March 10, 1975 as "March of Dimes Week." Adoption of Resolution No. 16-75 of the Council of the City of Bakers- field supporting the March of Dimes Telerama by declaring the week of March 10, 1975, as MarchL~of Dimes Week. Upon a motion by Councilman Thomas, Resolution No. 16-75. of the Council of the City of Bakersfield supporting the March of Dimes Telerama by declaring the week of March 10, 1975, as March of Dimes Week, was adopted by the following roll call vote: Ayes: Councilmen Barton, Bleecker, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: None Mr. Bill Mattox, 1814 Myrtle Street, invited the Council and public to attend a Concerned Citizen's League Meeting at 8:00 P.M. on March 13, 1975, in the Main Branch of the Kern County Library, regarding public cooperation with the Council, Police Department and Sheriff's Department to help fight vandalism. Bakersfield, California, March 10, 1975 - Page 2 Councilman Rogers suggested that Councilman Thomas, Chairman of the Intergovernmental Relations Committee, attend this meeting as the Council's representative. Correspondence. Upon a motion by Councilman Thomas, communication from Arthur D. Little, Inc., regarding Fire Department study and requesting that the contract be extended for a reasonable period of time or until the U.S. Supreme Court announces its decision relative to the validity of the U.S. Fair Labor Standards Act, as applied to public safety services in local government, was received, referred to the Intergovernmental Relations Committee and extension of time was granted until May l, 1975. Upon a motion by Councilman Thomas, communication from E. P. Eyerly, 525 "G" Street, regarding readable street signs, was received and referred to staff for further evaluation. Upon a motion by Councilman Rogers, communication and resolution from the City of Alhambra requesting support to defeat Senate Bill 275, was received and ordered placed on file. Councilman Rogers stated that the Council took action at last week's Council meeting opposing Senate Bill 275. Upon a motion by Councilman Medders, communication from Madeline Long, 116 Myrtle Street, requesting that a portable traffic light be placed at 19th and Oak Streets and the traffic light at the intersection of 18th and Oak Streets be disconnected during the time on file. 18th Street is closed, Council was received and ordered placed Statements. Councilman Bleecker read and commented on several articles appearing in the Bakersfield Californian and quoted several State officials, including State Senator Stiern, in opposition to Senate Bill 275, particularly the right to strike provision, for public Bakersfield, California, March lO, 1975 - Page 3 employees. Councilman Bleecker further stated that in a telephone conversation. with,Assemblyman Bill Thomas he has been authorized to indicate to the Council and citizens of Bakersfield that Assemblyman Thomas stands in opposition to the right to strike provision for public employees in SB 275. Councilman Medders, in opposition to the right to strike provision in SB 275, commented on an article appearing in the Bakersfield Californian on March 5, 1975, entitled "Middle Income Families Carry Big Tax Load," and cited several benefits received by public employees that are not given to the private sector. Councilman Rogers announced that Hall's Ambulance Service is now operating a Paramedic unit on a 24 hour basis and within 90 days a second unit will be operational and complimented the training staff at San Joaquin Hospital and Mr. Harvey Hall and his staff for responding to the need of the community by making this service possible. Mr. Harvey Hall, representing Hall's Ambulance Service, outlined the Paramedic Program they are providing for the Greater Bakersfield area. Councilman Thomas complimented Mr. Hall and his staff for implementing the Paramedic Program in the Greater Bakersfield area. Councilman Rogers read a Memorandum from Community Development Director Foster to City Manager Bergen regarding AB as follows: AB 15 creates an Agricultural Resources Council (ARC), and forbids cities or counties from issuing building permits for any development on prime agricultural lands. The ARC determines which land is prime agricultural land. The law would eliminate suburban development in Bakersfield because: 1. All land in the San Joaquin Valley, especially around Bakersfield, could be considered prime agricultural land. ?.5;2 Bakersfield, California, March 10, 1975 - Page 4 2. Most Valley Cities, theoretically, could double its density within its own boundaries. The proposed ARC in AB 15 has the these decisions. Cities would be say-so in the matter. power to make stripped of Philosophically, the day will come when the nation, especially California, needs such legislation. AB 15 will hit us while we're asleep. Such legislation should be phased-in, with cities and counties setting thei~ own ultimate growth lines, (manifest destiny). Upon a motion by Councilman Medders, the Legislative Committee was requested to study AB 15 and come back to the Council with a recommendation next week. Consent Calendar. Councilman Strong requested that Item (c) of the Consent Calendar be voted on separately. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2947 to 3200, inclusive, in the amount of $96,663.81. (b) Notice of Completion and Acceptance of Work on construction of sewers in Public Improvement District No. 896 - Contract No. 74-111 with Colecrest Equipment Company. (d) Application for Encroachment Permit from Joe Lopez, 3712 Kennedy Avenue (e) Adoption of Resolution No. 17-75 of the Council of the City of Bakersfield making finding concerning proposed SubdiVision: Tentative Map of Tract No. 3747 located north of Hahn Avenue, approximately two blocks south of Wilson Road and easterly of Tract 3680. ADDENDUM Authorization for change in Public Works Depart~uent's budget from purchase of desk and plan holder to desk and chair. Upon a motion by C~uncilman Strong, Items (a), (b), (d), (d) and Addendum, with deletion of Item (c), were adopted by the following roll call vote: Ayes Councilmen Barton, Bleecker, Heisey, Medders, Rogers, Strong, Thomas Noes None Absent: None Bakers£ield, California, March 10, 1975 - Page Item (c) Approval of Map of Tract No. 3698, Unit A and Contract and Specifications for improvements therein. Upon a motion by Councilman Strong, Map of Tract No. 3698, Unit A and Contract and Specification for improvements therein, located on easterly extension of Wendy Avenue, south of University Avenue and east of Columbus Street, was approved by the following roll call vote: Ayes: Councilmen Barton, Bleecker, Medders, Rogers, Strong, Thomas Noes: None Absent: None Abstaining: Councilman Heisey Councilman Heisey stated that he is an officer in the firm requesting this action and abstained from voting. Action on Bids. Upon a motion by Councilman Thomas, low bid of Lumsdaine Construction, Inc. for street widening and improvement of approaches to intersection o£ Ming Avenue and Hughes Lane, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Thomas, low bid o£ Smith Electric Supply for installation of tra££ic signal and street lighting systems at Ming Avenue and Hughes Lane, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Deferred Business. Adoption of Ordinance No. 2220 New Series of the Cowncil of the City of Bakersfield amending the Municipal Code by repealing Chapter 8.80 and substituting in lieu thereof a new Chapter 8.80, providing for the Abatement of Weeds and Waste Matter constituting Public Nuisance, Notices, Hearings and collection o£ Unpaid Assessments as Taxes, and assigning duty of enforcement to Chief of the Fire Department. 254 Bakersfield, California, March 10, 1975 - Page 6 Councilman Barton complimented the staff on the written report pertaining to this Ordinance and stated that in the future reports of this type on proposed Ordinances would be of great benefit to the Council. Upon a motion by Councilman Barton, Ordinance No. 2220 New Series of the Council of the City of Bakersfield amending the Municipal Code by repealing Chapter 8.80 and substituting in lieu thereof a new Chapter 8.80, providing for the and Waste Matter constituting Public Nuisance, and collection of Unpaid Assessments as Taxes, of enforcement to Chief of the Fire Department, was adopted by the following roll call vote: Ayes: Councilmen Barton, Bleecker, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: None New Business. Deferral of Amendment to Agreement No. 67-71 with Cal-State Bakersfield. This amended Agreement would extend the Lease Contract for use of the Civic Auditorium by Cal-State Bakersfield for basketball games for an additional five years. Councilman Bleecker questioned extending this agreement for an additional five years at the same rental fee that was established in 1971. Auditorium Manager Graviss stated that Auditorium Rental Agreements are based on a flat rental rate of 10% of the gross receipts, whichever is greater. During discussion, Councilman Bleecker moved that the Auditorium-Recreation Committee look into the Resolution estab- lishing the rental fees for the Civic Auditorium and report back to the Council at their convenience. This motion was unanimously approved. Abatement of Weeds Notices, Hearings, and assigning duty Bakersfield, California, March 10, 1975 - Page 7 Councilman Barton moved to approve the Amendment to Agreement No. 67-71 with Cal-State Bakersfield. After further discussion, Councilman Medders offered a substitute motion that the Amendment to Agreement No. 67-71 with Cal-State Bakersfield be referred to the Auditorium-Recreation Committee for study and report, which carried by the following roll call vote: Councilman Barton, Bleecker, Heisey, Medders, Rogers, Strong, Thomas Ayes: Noes: None Absent: None Approval of Addendum to Sewer Farm Lease Agreement No. 73-57 with Garone Cattle Company. After discussion, upon a motion by Councilman Thomas, Addendum to Sewer Farm Lease Agreement No. 73-57 with Gatone Cattle Company to permit Lessee under prescribed conditions to dispose of surplus effluent onto a 160 acre parcel south of Panama Lane, adjacent to the City Sewer Farm, was approved and the Mayor was authorized to execute same. Approval of request for authorization to enter into discount purchase agree- ment with Kern Turf Supply for extra- ordinary sprinkler parts and supplies. Upon a motion by Councilman Medders, request of Purchasing Division for authorization to enter into discount purchase agree- ment (EMMA Account) with Kern Turf Supply for extraordinary sprinkler parts and supplies, was approved. Deferral of Replacement of a Damaged Police Vehicle. Councilman Medders stated that in the supporting infor- mation regarding the replacement of the damaged Police Vehicle the report states that the Police Department recently called for bids for Police cars and the lowest bidder was Kern AMC Jeep and second 25( Bakersfield, California, March 10, 1975 - Page 8 lowest bidder was Hab~rfelde Ford. Kern AMC Jeep is not in business at the present time and the cars would have to be serviced, on the warranty, out of the local area. The City should buy cars from a dealer who can service them locally and Kern AMC Jeep will not have a new dealer for 30 to 60 days. Cou~ilman Medders awarded to the second lowest After considerable moved that the bid for Police Cars be bidder, Haberfelde Ford. discussion, upon a substitute motion by Councilman Rogers, replacement of damaged Police vehicle was held over for one week until more information is available in regards to servicing the American Motors vehicles and/or a firm bid is negotiated with Haber£elde Ford. Hearings. This is the time set for public hearing before the Council for consideration and confirmation of the Report and Assessment List for Abatement of Weeds under the 1974 Weed Abatement Program. This hearing was duly posted and notices mailed to all owners of property on which the nuisance was abated. Vice-Mayor Heise¥ declared the hearing open for public participation. Mr. Eddie Carter, Reference No. 57L2, stated he felt he has been unjustly billed as the City was notified that he abated the weeds on the property. Later the City or someone removed concrete and fill dirt from the property that he needed and was going to use elsewhere. Mr. C. S. Matheny, Reference No. W46-0, stated that no one from the City touched that lot and he personally cleaned the property last summer and notified the City. Vice-Mayor Heisey closed the public hearing for Council deliberation and action. Bakersfield, California, March 10, 1975 - Page 9 Councilman Barton suggested that in the future when the before and after pictures are taken of the lots, involved in the Weed Abatement Program, that the photographer take the same angle of shot. Upon a motion by Councilman Rogers, Assessment List for Abatement of Weeds under the 1974 Weed Abatement Program, with the exception of Reference Nos. 57L2 and W46-0 which will be continued until March 17, 1975 for staff investigation and report, was confirmed and the City Clerk was directed to file ~ame with the County Recorder, by the following roll call vote: Ayes: Councilmen Barton, Bleecker, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: None Adjournment. There being no further business to come before the Council, upon a motion by Councilman Bleecker, the meeting was adjournedat 10:15 P.M. M~~AY/0-R~f here V rsfi~ld, Calif. ATTEST: ~ CITY CL~R~ and Ex-Offi~o Clerk of the Council of the Cify of Bakers~ld, California ma Bakersfield, California, March 17, 1975 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. March 17, 1975. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Reverend Tim Tiffhey of the First Christian Church. The City Clerk called the rDll as Present: Mayor Hart. Councilman Bleecker, Absent: approved follows: Heisey, Medders, Strong, Thomas, Barton. None Minutes of the regular as presented. Scheduled Public Mrs. Ann Monroe, 236 North Rogers, meeting of March 10, 1975 were Statements. Stine Road, addressed the Council regarding regional government, a Central California Criminal Justice Planning Board meeting held in Tulare, Friday, March 14, 1975 and a citizens meeting held in the Kern County Library on Thursday, March 13, 1975 to help local law enforcement fight vandalism. Councilman Rogers requested that an investigation be conducted as to why the three p~rsons representing Kern County on t~he Central California Criminal Justice Planning Board abstained from voting on issues at the meeting held in Tulare on March 14, 1975. Councilman Bleecker requested that the staff furnish each member of the Council a copy of the Central California Criminal Justice Planning Board's rules and regulations, bylaws and procedures. Correspondence. Upon a motion by Councilman Heisey, communication from the Water Association of Kern County, dated March 12, 1975, requesting that the Council consider increasing the City's parti- cipation to $500.00 for 1975, was referred to the Budget Review and Finance Committee for study and recommendation. Bakersfield, California, March 17, 1975 - Page 2 Councilman Rogers requested a copy of the Water Associa- tion's budget and the formula used to determine what each organization's contribution will be. Upon a motion by Councilman Heisey, communication from the Kern County Water Agency, dated March 11, 1975, requesting that they be given written notice of any proposal for vacation or abandonment of those portions of 40th Street, Jewett Avenue, "Q" Street, San Dimas Street, Height Street, Mr. Vernon Avenue, Oswell Street and "O" Street, affected by the Kern County Water Agency's Improvement District No. 4 Treated Water Pipeline, was referred to the City Clerk for implementation. Council Statements. Councilman Bleecker commented on a special report on Channel 23 News regarding Regional Government in which it was stated that the League of California Cities may present some type of Regional Government Legislation in Sacramento. Councilman Bleecker requested that City Attorney Hoagland contact the League of California Cities and determine if they plan to present legislation that is pro Regional Government and Council- man Rogers, Chairman of the Legislative Committee, report to the Council next week. Councilman Barton rebutted Councilman Bleecker's five motions in opposition to Senate Bill 275, which were approved at the Council Meeting of March 3, 1975. Councilman Thomas moved that the City Council convene as a committee of the whole and schedule an immediate public debate on the merits of the various approaches to developing a Paramedic Program. Councilman Heisey offered a substitute motion that any discussion in regards to a Paramedic Program for the City of Bakersfield be tabled until a report is presented from the staff 26O Bakersfield, California, March 17, 1975 - Page 3 with their recommendations. This motion carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Rogers, Strong Noes: Councilmen Medders, Thomas, Barton Absent: None After discussion, Councilman Strong stated in regards to tabling discussion on the Paramedic Program that it is a very involved program and requires an indepth study and he would also oppose what he considers an attack on the committee system. Reports. Councilman Rogers, member of the Legislative Committee, read Legislative Report No. 2-75, as follows: A synopsis was given to the City Council last week on Assembly Bill 15. In review, Assembly Bill 15 would create an Agricultural Resources Council which would be empowered to preserve prime agricultural land. Upon passage of Assembly Bill 15, no city or county would issue a building permit on any development on prime agricultural land unless it was found that the development was necessary for governmental services and that an alternative location not on prime agricultural land does not exist. Cities and counties would be required to submit inventories of prime agricultural land and make such lands part of the general plan. They would then be subject to the restrictions of the Williamson Act. Prime agricultural land is not only land in production, but any land capable of producing an agricultural crop of the gross value of $200 per acre per year. This would include just about all the land in and around Bakersfield with the exception of the oil fields north of Oildale. The result would severely curtail growth in the southwest in the vicinity of Stockdale and California State College, and thus be a detri- ment to the growth of the college. Local planning would be subject to the policies of the Agricultural Resources Council, which is another intrusion into local control. While some control of development appears necessary for orderly development of urban areas, such control should remain on the local level. The local authorities are better qualified to judge local conditions than a remote board located in Sacramento. Bakersfield, California, March 17, 1975 - Page 4 The legislative committee recommends that the City Council oppose Assembly Bill 15. After discussion, upon a motion by Councilman Rogers, Legislative Report No. 2-75 opposing Assembly Bill 15, was approved and the Mayor was requested to prepare the necessary communications to the Con~nittee hearing AB 15, Governor Brown, State Senator Stiern and Assemblyman Bill Thomas, expressing the Council's opposition. City Manager Bergen read a memorndum regarding the request for Stop Signs at Wenafchee and Renegade Avenues, as follows: A study of this request has been made Police Department in conjunction with Works Department. by the the Public After a detailed review of the traffic situation at this intersection, including radar speed checks, visual vehicle and pedestrian counts, and the number of accidents during the last 12 month period, the Police Department has con- cluded that there is no sufficient justification for stop signs at this intersection at the present time. However, the Police Department has increased traffic enforcement in the area in an attempt to both slow down traffic on Wenatchee Avenue and also more strictly enforce pedestrian right-of-way violations at this intersection. Zig-zag approach lines will also be painted on Wenatchee Avenue to help alert motorists to school pedestrian crossing at this intersection. The intersection will be reviewed in the near future to determine any changes that might warrant additional traffic control measures. Councilman Medders asked when the City would be hiring the Traffic Engineer that has been discussed in the past. City Manager Bergen stated that the recommendation was made last year but funds were not allocated and specific approval to implement a Traffic Engineer was not made, but it will be included in this year's budget requests. Councilman Rogers, Chairman of the Auditorium-Recreation Committee, read Report No. 1-75 regarding Recreation and California Avenue Park Neighborhood Facility Budgets for the 1975-76 Fiscal Year, as follows: Bakersfield, California, March 17, 1975 - Page 5 PURPOSE The Council Auditorium-Recreation Committee met on Thursday, March 13, 1975 to review the Recreation and California Avenue Park Neighbor- hood Facility budgets for 1975-76 as proposed by the Auditorium-Recreation Manager and the City Manager. The budgets have also been ~eviewed by the Citizens Auditorium-Recreation Committee. RECOMMENDATION The Auditorium-Recreation Committee recommends that the City Council take the following action: Approve the 1975-76 budgets for Recreation and the California Avenue Park Neighborhood Facility as follows: Recreation Budget $299,595 California Avenue Park Neighborhood Facility $136,759 Increase the fees for the adult men's summer softball program and the adult men's basket- ball program by $25. ANALYSIS The following is a summary of the proposed Recreation and California Avenue Park Neighbor- hood Facility budgets for 1975-76 and the action taken by the Council Auditorium- Recreation Committee. Recreation Budget for 1975-76 The proposed Recreation budget totals $299,595 which reflects an increase of $11,812 or 4.1 percent over the previous year. Under the Capital Outlay category, three listening centers ($450) and a slide projector ($200) were deleted from the Recreation budget. The cost reduced, piece of of one replacement typewriter was also since it was felt that a less expensive equipment would be sufficient. The total proposed slightly from last reasons: budget for 1975-76 increased year for the following 1. Salary increases approved by the City Council last year. 2. Funds to hire a second official for the adult men's softball league, totaling $1,125. The initiation of an adult women's softball program totaling $3,969. More than half of this cost will be recovered by team fees. Bakersfield, California, March 17, 1975 - Page 6 Expenses for trophies and players insurance (These items have been incorporated into the regular budget instead of being shown in a special trust fund. The expenses will be completely off-set by monies received from the various adult athletic teams.) Adult Athletic Team Fees The adult athletic team fees charged by the City pay for only a portion of the total costs for such programs. These costs are increasing each year. The Committee feels these fees should be increased so the City can recover a greater share of the total operating costs in future years. Based on this intent, the Committee feels that entry fees for the adult men's summer softball program and the adult men's basketball program should be increased which will increase the City's recovery percentage. California Avenue Park Neighborhood Facility Budget for 1975-76 The proposed California Avenue Park Neighbor- hood Facility budget totals $136,759, down $4,098 or 2.9 percent from the previous year. The overall reduction is due largely to lower material and supply requirements based on current and past experience. The Committee deleted a total of $2,630 from this budget, including two requested pool tables and film rental expenses. The proposed budget includes funds for a new cooking class program, expansion of the stretch and sew program, and a physical fitness program. However, the Committee recommends the physical fitness program not be instituted until the equipment for the program is obtained by the citizens in the surrounding community. Conclusion The proposed 1975-76 budgets for Recreation and California Avenue Park Neighborhood Facility reflect a continuation of the present level of service. The recommended new programs are felt to be beneficial to the overall community. Upon a motion by Councilman Rogers, Report No. 1-75 of the Auditorium-Recreation Committee recommending approval of Recreation Division and California Avenue Park Neighborhood Facility Budgets for Fiscal Year 1975-76, was approved by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rogers, Strong Thomas, Barton Noes: None Absent: None 264 Bakersfield, California, March 17, 1975 - Page 7 The (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) Consent Calendar following items were listed on the Consent Calendar:: Allowance of Claims Nos. 3201 to 3295, inclusive, in the amount of $141,724.68. Notice of Completion and Acceptance of Work on construction of the Sanitary Landfill Access Road - Contract No. 75-5 with Jacobs Company. Notice of Completion and Acceptance of Work on Sanitary Landfill Scalehouse Relocation - Contract No. 75-7 with Madonna Construction. Application for Encroachment Permit f~om Darrell Freeman, 2625 Kaibab Avenue. Application for Encroachment Permit from George B. Avila, 2512 3rd Street. Adoption of Resolution No. 18-75 of the Council of the City of Bakersfield making finding concerning proposed Subdivision: Parcel Map No. 2900 located north of Easton Drive and back of the vacated White Front Store Building. Adoption of Resolution No. 19-75 of the Council of the City of Bakersfield making finding concerning proposed Subdivision: Parcel Map No. 2901 located on the north- east corner of California Avenue and Marella Way, southwest of Easton Drive and Westerly of Montclair Street. Adoption of Resolution No. 20-75 of the Council of the City of Bakersfield making finding concerning proposed Subdivision: Parcel Map No. 2912 located on the south- west corner of Ming Avenue and Stine Road. Adoption of Resolution No. 21-75 of the Council of the City of Bakersfield making finding concerning proposed Subdivision: Parcel Map No. 2913 located one block south of Ming Avenue and west of Stine Road. Adoption of Resolution No. 22-75 of the Council of the City of Bakersfield making finding concerning proposed Subdivision: Parcel Map No. 2914 located on the south- west corner of 4th Street and Chester Avenue. Adoption of Resolution No. 23-75 of the Council of the City of Bakersfield making finding concerning proposed Subdivision: Parcel Map No. 2915 located on the north- west corner of Real Road and Stockdale Highway. Bakersfield, California, March 17, 1975 - Page 8 Upon a motion by Councilman Strong, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j) and (k) 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 Deferred Business. Approval of Replacement of Damaged Police Vehicle. On March 10, 1975, the City Council deferred action on replacement of a damaged Police vehicle until more information was obtained in regards to servicing of previously purchased Police vehicles from American Motors Corporation. Councilman Rogers stated that sufficienf information has been obtained in regards to servicing the American Motors vehicles recently purchased by the City and made a motion that the damaged Police vehicle be replaced with an American Motors Matador, ~he Finance Director be authorized to proceed with the purchase as provided in Chapter 5.20 of the Municipal Code and authorize the transfer of funds from the for such purchase. After discussion, approved. and Finance Committee was Police Automotive Replacement Budget Councilman Rogers' motion was unanimously Upon a motion by Councilman Bleecker, requested to make an the Budget Review indepth study with a recommendation back to the Council on how the Finance Department determines the financial responsibility, reliability and past performance of prospective purveyors of goods and services seeking to do business with the City of Bakersfield. Approval of Deferred Weed Abatement Assessments. Upon a motion by Councilman Rogers, Assessments on two parcels, Reference No. 57L2 reduced from $100.00 to $70.00 and 266 Bakersfield, California, March 17, 1975 - Page 9 Reference No. W46-0 reduced from $45.00 to $30.00, under the 1974 Weed Abatement Program, which were deferred from the Council Meeting of March 10, 1975, were confirmed and the City Clerk was directed to file same with the County Recorder, by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rogers, Strong, Thomas, Barton Noes: None Absent: None New Business. Approval of Construction Change Order No. 1 to Contract No. 74-78 with Continental Electric Company for Modi- fication of Traffic Signals at Baker Street from East Truxtun Avenue to Southern Pacific Railroad. This Change Order includes the following 3 items: 1. Modify the method of sealing loop detectors. 2. Modify the method of grounding pull boxes. 3. Modify wiring within controller. The total reduction in contract price due to this Change Order is $150.00. Upon a motion by Councilman Heisey, Construction Change Order No. i to Contract No. 74-78 with Continental Electric Company for the modification of Traffic Signals at Baker Street from East Truxtun Avenue to Southern Pacific Railroad, was approved and the Mayor was authorized to execute same. Approval of Construction Change Order No. 1 to Contract No. 74-122 with Frank Terry Construction Company for construction of Restroom-Storage Bui}ding and Security Lighting at Grissom Park. Upon a motion by Councilman Thomas, Construction Change Order No. 1 to Contract No. 74-122 with Frank Terry Construction Company for construction of Restroom-Storage Building and Security Lighting at 6rissom Park, was approved and the Mayor was authorized to execute same. Bakersfield, California, March 17, 1975 - Page 10 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Strong, the meeting was adjourned at 10:05 P.M. MAYO the Ci~ld, California ATTEST: c~~ ~ ~x~o ~e~ o~ ~e Cou~,~ of the City of Ba~rsfield, California ma Bakersfield, California, March 24, 1975 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., March 24, 1975. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Walter F. Heisey. The City Clerk called the roll as follows: Present: Mayor Hart: Councilmen Heisey, Medders, Rogers, Strong:, Barton, Bleecker Absent: Councilman Thomas Minutes of the regular meeting of March 17, 1975 were approved as presented. Correspondence. Upon a motion by Councilman Medders, communication from Maurice McDonald, 3700 Century Drive, supporting a Paramedic Program for the City of Bakersfield, was received and referred to the Governmental Efficiency and Personnel Committee. Upon a motion by Councilman Heisey, communication from Assemblyman Bill Thomas, dated March 18, 1975, regarding Assembly Bill 15, was received and ordered placed on file. Council Statements. Councilman Bleecker requested that Public Works Director Bidwell follow-up a letter from the Public Works Department that was sent to the Sante Fe Railroad Company on March 17, 1975, in regards to complaints received from persons residing along 16th Street near the Sante Fe tracks concerning the tremendous amount of dust and treated soil that is blown during stormy weather. Councilman Bleecker stated into their yards and gutters that he had a prepared state- ment in regards to issues that were brought up at last week's Council meeting but will reserve these comments until Councilman Thomas is present. Bakersfield, California, March 24, 1975 - Page 2 Councilman Barton stated that numerous complaints were received from residents in the vicinity of Pacheco Road east of "H" Street in which a Crop Duster was flying low over homes in the process of spraying a field and the F.A.A. has assured that this would not happen again. Councilman Barton requested a follow- up report from the staff in respect to ordinances affecting low flying aircraft over the City and the investigation conducted by the Police Department. Councilman Heisey stated that Assembly Bill 330 would force local elections to become partisan elections which would be a great evil and tends to bring California cities into the same realm as some of the eastern cities and requested that the Legisla- tive Committee investigate this bill, at their convenience, and come back with a recommendation. Reports. Certification of Final Environmental Impact Report on Community Development Program. On March 20, 1975, the City Planning Commission reviewed the draft EIR which had been submitted to the Kern Council of Governments on February 14. Minor revisions were suggested b~ the Kern County Planning Department, Project Land Use, and the Community Development Director. These revisions were acceptable to the Commission and are included in the final EIR. The Planning Commission recommends that the City Council certify that the final EIR has been completed in compliance with the California Environmental Quality Act and Guidelines. Upon a motion by Councilman Barton, final Environmental Impact Report on Community Development Program, was certified. Authorization to submit Community Development Application. On Thursday, March 20, the City Planning Com- mission held its second public hearing on the Community Development Program. Unanimous support for the City participating in the program has been voiced at both hearings by interested citizens. 270 Bakersfield, California, March 24, 1975 - Page 3 The Planning Commission reviewed the draft application approved by the City Council on February l0 and heard comments from interested citizens. At the conclusion of the hearing the Commission reiterated its support for the projects included in the draft application and recommended that no changes be made. The Com- mission indicated that senior citizen concerns should be an important aspect of the planning effort during the next year. The Planning Commission requests that the City Council file the community development applica- tion at this time. Upon a motion by Councilman Barton, the staff was authorized to submit the Community Development Application to the Department of Housing and Urban Development, by the following roll call vote: Ayes: Councilmen Heisey, Medders, Strong, Barton Noes: Councilmen Rogers, Bleecker Absent: Councilman Thomas Councilman Rogers stated that to be consistent with his stand on the Community Development Program and to express concern in regards to continually applying for federal funds he voted in the negative on this motion. Councilman Rogers, member of the Legislative Committee, read Legislative Report No. 3-75 regarding League of California Cities Action Plan on Environment and Land Use, as follows: Pursuant to instructions by the City Council, the Legislative Committee was to report to the Council any proposals of the League of California Cities that would entail pro-regional government. It should be noted that on October 15, 1973, the City Council voted to oppose the League's Action Plan #2, "Environmental Control and Land Use Authority." A month ago, LAFCO's throughout the State received a 65-page document relating to the League's Environmental Control and Land Use Authority. This document was prepared by a committee of the League. It is a proposal for legislation for land use. The League Board voted to introduce the bill in its present form under the authorship of Assemblyman John Knox. No bill number has been assigned to this piece of legislation as yet, and to date it has not been introduced. Bakersfield, California, March 24, 1975 - Page 4 In conversations with Mr. Dave Beatty of the League staff, it appears likely the bill will not be introduced at this session of the State Legislature. The determination to introduce the bill or not will be made in the very near future. The legislation calls for a State Council which is ~o coordinate and set guidelines for planning activities throughout the State. The Council will be made up of the Governor and six appointed members from various State agencies. In addition, the State would be divided into 12 areas, with an Area Council comprised of councilmen and county elected officials. These Area Councils would administer policy as established by the State Council. This report is brief and does not cover all aspects of the proposed legislation, which is 65 pages in length. Because of the length of the legislation, the Committee is furnishing copies to all councilmen to read. Each council- man should study fhe proposal and be prepared to vote his opinion at the next Council meeting. After discussion, upon a motion by Councilman Rogers, Legislative Report No. 3-75 regarding League of California Cities Action Plan on Environment and Land Use, was accepted and ordered placed on file. Councilman Rogers, Chairman of the Auditorium-Recreation Committee, read Report No. 2-75 regarding Continuance of Rental Resolution No. 67-64 and Extension of California State College, Bakersfield, Foundation Contract No. 67-71 as follows: PURPOSE The Council Auditorium-Recreation Committee met on Thursday, March 13, 1975, to review the rental costs of the Civic Auditorium and the five-year extension to the California State College, Bakersfield, Foundation Contract No. 67-71. The two matters have also been reviewed by the Citizens Auditorium-Recreation Committee. RECOMMENDATION The Auditorium-Recreation Committee recommends that the City Council take the following action: Approve the extension of Contract No. 67-71 with California State College, Bakersfield, Foundation for use of the Civic Auditorium with an additional provision: 272 Bakersfield, California, March 24, 1975 - Page 5 "5.1. It is understood and agreed that if, during the term of this agreement, costs to the City of providing the facilities increase more than twenty-five percent of present costs, then the contract will be renegotiated by the parties hereto." 2. Approve the continuance of Resolution No. 67-64 for rental rates of the Civic Auditorium. ANALYSIS The following are some of the reasons the Com- mittee discussed in reaching their conclusions for their recommendations: Raising the rental rates during today's economic conditions would be basically unwise. o To raise rates would penalize community- sponsored events rather than out-of-town promoters. Out-of-town attractions generate larger revenue sources due to the ten per- cent override against guaranteed rental that they pay on their gross receipts. This better helps the local people to use the Auditorium for their events. o The present rates are comparable to those being charged by competitive buildings in the area. ~ Although basic rental rates have remained the same, there have been several increases for services provided by the Auditorium such as sound and light technicians, ticket sellers, concession items, spotlights, maintenance men, engineering, etc., that generate additional income for the City. CONCLUSION It is felt by the Committee that the prime intention for the Auditorium when it was proposed was to make available a place to present conven- tion, civic, cultural, sporting, and other attractions. It is being partially subsidized so the public can avail themselves of the events. With the prevailing rental of ten percent of gross receipts against a guarantee, attractions with a larger attendance help pay the way for local attractions with lesser attendance to be able to use the Auditorium. The more usage and attendance generated lessen the everyday overhead expenses. The Committee recommends the~e guarantee rates remain as they are, so maximum usage can be generafed to keep the City's subsidy to a minimum. It is also recommended a yearly review of these rates should be made. Bakersfield, California, March 24, 1975 - Page 6 College, the Consent Calendar, were adopted by the following roll call Ayes: Councilmen Heisey, Medders, Rogers, Strong, Barton, Bleecker Noes: None Absent: Councilman Thomas Action on Bids. Upon a motion by Councilman Medders, Construction Co. for Annual Contract ACB 11876, Upon a motion by Councilman Rogers, Report No. 2-75 of the Auditorium-Recreation Committee, was approved and continuance of Rental Resolution No. 67-74 and extension of California State Bakersfield, Foundation Contract No. 67-71, was granted. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3296 to 3433, inclusive, in the amount of $168,076.30. (b) Claim for Damages from Arthur W. Butts, Jr., 1803 Oregon Street. (Refer to City Attorney) Upon a motion by Councilman Strong, Items (a) and (b) of vote: low bid of Clanton Curbs, Gutters and Sidewalks, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. New Business. Adoption of Emergency Ordinance No. 2221 New Series of the Council of the City of Bakersfield amending the Bakersfield Municipal Code by repealing Title 16 and substituting in lieu thereof a new Title 16, concerning Subdivision Regulations to supplement and implement the Subdivision Map Act. The Subdivision Map Act, regulating and controlling the design and improvement of subdivisions in California, was compre- hensively revised by numerous procedural as well as some substantive changes, and became effective March 1, 1975. This emergency ordinance implements the State Map Act in the City of Bakersfield. Bakersfield, California, March 24, 1975, Page 7 In order that the ordinance can take effect as near to March 1 as practicable, and in order to facilitate the orderly development of land in the City, it is necessary that it be adopted as an emergency ordinance requiring a 2/3rds vote of Councilmen present under Section 24 of the Charter. This ordinance was approved and recommended for adoption by the Council by the Planning Commission on March 19, 1975. Upon a motion by Councilman Heisey, Emergency Ordinance No. 2221 New Series of the Council of the City of Bakersfield amending the Bakersfield Municipal Code by repealing Title 16 and substituting in lieu thereof a new Title 16, Regulations to supplement and implement the was adopted by the following roll call vote: Ayes Councilmen Heisey, Medders, Rogers, Strong, Barton, Bleecker Noes None Absent: Councilman Thomas Approval of Notice of Completion and Acceptance of Work on construction of 18th Street from Pine Street to Oak Street. Upon a motion by Councilman Bleecker, the work was accepted for construction of 18th Street from Pine Street to Oak Street, Contract No. 75-9 with Lumsdaine Construction Company, and the Mayor was authorized to execute the Notice of Completion. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Bleecker, the meeting was adjourned at 8:30 P.M. concerning Subdivision Subdivision Map Act, YO 't'h~ersfield, ATTEST: I Y C~RK and--Ex-O~icio Clerk of the Council of the City of Bake~/~field ma Calif. Bakersfield, California, March 31, 1975 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 ~., March 31, 1975. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Reverend Fred A. Hobson of the Calvary Baptist Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Medders, Rogers, Strong, Thomas, Barton, Bleecker, Heisey. Absent: None Minutes of the regular meeting of March 24, approved as presented. Scheduled Public Statements. Mr. Harvey Hall, representing Hall's 1975 were Ambulance Service, refuted statements made by Councilman Thomas at the Council Meeting of March 17, 1975, in regards to Hall's Ambulance Service response time to the scene of an accident and outlined the Paramedic service that he is providing for the Greater Bakersfield area. During a lengthy discussion on emergency medical care services, Mayor Hart reminded the Council that Ordinance No. 1595 New Series which was adopted on January 3, 1966 and spelled out, in detail the procedures that are to be followed during a Council Meeting and one of the provisions which states: "Getting the Floor - Improper References to be Avoided. Every member desiring to speak shall address the Chair, and, upon recognition by the Presiding Officer, shall confine himself to the question under debate~ avoiding all personalities and indecorous language." Under the circumstances the interpretation of indecorous language will be language or behavior that does not suit one's character, status or position in this community. Mayor Hart stated that he was here to preside, not to limit debate under any circum- stances, but to see that the rules established by the Council are Bakersfield, California, March 31, 1975 - Page 2 abided by. There is an alternative, it is within the Council's power to make a motion to waive the rules of parlimentary procedure. Councilman Bleecker moved to waive the rules of parli- mentary procedure for this discussion, which tailed to carry by the following roll call vote: Ayes: Councilman Bleecker Noes: Councilmen Medders, Rogers, Strong, Thomas, Barton, Heisey Absent: None After a lengthy discussion, Councilman Thomas stated that if he inadvertently stated that it took Hall's Ambulance Service 25 minutes to respond to the scene of an accident he would publicly apologize to Mr. Hall. Councilman Thomas turfher stated, for the record, that he is impressed by the services Mr. Hall provides for the community. Mrs. Jean French 3201 Candlewood Drive, addressed the Council regarding Regional Government and Lobby Control of the U. S. Congress, and requested that the Council withdraw from Regional Government by refusing to accept federal funds. Mrs. Nancy Berrigan, stated that in regards to parli- mentary procedures and Council Meetings, usually the meetings run very smoothly except during election times. As a citizen who has attended meetings for the past 15 years, she stated that the Council is here particularly to take care of City Business and not engage in discussions as to who is who is not elected to hold elective positions in the various wards. Mrs. Ann Monroe, 236 North Stine Road, read an article from the Bakersfield Californian regarding Senate Bill 275. Correspondence. Upon a motion by Councilman Rogers, communication from Tenneco Realty Development Corporation, dated March 21, 1975, requesting formation of an Underground Utility District, was received and referred to the Planning Commission for study and recommendation. Bakersfield, California, March 31, 1975 - Page 3 Communication from Allen S. Johnson, 4204 Hillsborough Drive, regarding a problem with the sump in Centennial Park, was read into the record. Public Works Director Bidwell outlined the problems the City has had with the sump in Centennial Park and stated that the current budget has $10,000.00 allotted to correct this problem and the plans will be presented to the Council in a couple of weeks. Upon a motion by Councilman Medders, communication from Allen S. Johnson, 4204 Hillsborough Drive, regarding the problem with the sump in Centennial Park, was received and the Public Works Director was directed to inform Mr. Johnson of the action being taken to alleviate this problem. Councilman Rogers informed the Council of a letter he received from William R. Perry thanking the Police Department and particularly Lt. J. R. Best for taking the time and e£fort to explain fheir findings and rafionale for fhe actions finally taken in regards to the request for stop signs at Wenatchee and Renegade Avenues. Council Statements. Councilman Bleecker commented on the lack of reports from the Intergovernmental Relations Committee over the pasf twenty months and cited several important issues which the committee should. be investigating. Mayor Hart stated fhat he had the privilege today of welcoming the President of the United States Gerald R. Ford to fhis community. Mayor Hart further staled that he has been in attendance at other assemblies where Presidents of the U. S. were in evidence and for the first time, in his memory, there was not one voice lifted in anger, profanely nor w~re there any placards displayed of an abusive nature. President Ford was embraced in the finest tradition of this great City that we represent and I for one am terribly proud of the citizens of this community. Bakersfield, California, March 31, 1975 - Page 4 Councilman Thomas requested that the Council appoint a committee to hold a public hearing to listen to grievances againslk the City by Mr. Milton Miller, owner of the ~adre Hotel. Mr. Miller has indicated thai if a mutual agreement could be reached that he is more than willing to remove the signs from his hotel. Mr. Miller feels that he has been deprived of his rights as far as the total building is concerned. Councilman Heisey stated that this is an old issue and Mr. Miller has had his day in court by impartial judges and juries and for this Council to consider appointing a committee to reopen this issue would be most unseemly and out of order. Councilman Bleecker stated thai the Council should not be placed in a position of being blackmailed by Mr. Miller; in other words he will take down the signs if the City will do some- thing for him. As for being deprived of his rights, where the hotel is concerned, Mr. Miller, over the years has explored every legal possibility and failed. If the City should change its contentions the Council would have to vote to violate one of the City's ordinances as far as fire control and that hotel is concerned. This is an issue that this Council would be very ill advised to bring up and I cannot support appointing a committee to investigate. Mr. Miller knows what has to be done to make his hotel conform to the City Fire Ordinances. City Attorney Hoagland stated that the Padre Hotel alon~ with other hotels were requested to be brought up to code require-. ments by Ihe Fire and Building Departments. The other hotels complied, but the Padre did not and Mr. Miller not only went to the State Supreme Court but an application was made to the U. S. Supreme Court which was denied. Reports. Councilman Rogers, member of the Legislative Committee, read Legislative Report No. 4-75 regarding League sponsored Land Bakersfield, California, March 31, 1975 - Page 5 Use Proposal, Assembly Consfitutional Amendment 21 and Assembly Bill 330, as follows: You have heretofore been furnished copies of the League-sponsored Land Use Planning Act. Among some of the salient features of the pro- posed bill are the following: Creates a State Coordinating Council of 27 members, consisting of one member from each of 12 planning areas throughout the State, three members of State Boards, eight at large selected by the Senate and Assembly, and four appointees of the Governor. The State Coordinating Council shall do the following: a. Establish a State-Wide planning frame- work. b. Establish policies for local entities to follow. c. Develop and update a conservation an development plan. d. Coordinate and resolve inconsistencies-- interstate government plans. e. Provide data and technical assistance to Area Councils. The State is divided into 12 areas. The San Joaquin area extends from Bakersfield to Stockton. The chances of having a representative appointed to the State Co- ordinating Council from this area appears remote. Area Councils are proposed in the Act. The Area Council is a "super-cog," and in our situation, serves seven counties. Each area must maintain an Area Plan con- forming to State guidelines. Comment and recommendation. It is obvious that local planning and local control over planning will be subservient to the State Coordinating Council and Area Councils. The State, in effect, will provide planning guidelines for local areas. While such guidelines may be of value to the congested areas of San Francisco and Los Angeles, it is difficult to see how such guidelines would provide the same benefits for areas such as ours. In the area of planning, government under the proposed Act becomes as remote and distant as the present State Legislature today. Local Bakersfield, California, March 31, 1975 - Page 6 control is lost. Local solutions in conflict with those of congested areas such as San Francisco and Los Angeles would receive scant attention, since the political make-up of the State Coordinating Council would favor the larger population areas. Said in another way, what is good for Los Angeles in planning and conservation may not be applicable to our area. The recommendation of the Legislative Committee is that the Council reaffirm its opposition to this Act when it is introduced into the legis- lature, and, further, that our representatives register opposition to this proposal at each meeting of the South San Joaquin Division of the League of California Cities, or directors meetings. Assembly Constitutional Amendment 21 and Assembly Bill 330. This proposed constitutional amend- ment and the bill would change the status of mayors, councilmen and supervisors from non- partisan to partisan. California has a tradition of nonpartisan local government, enabling local issues to be determined without partisan impli- cations. The use of party labels on candidates for local office should not be mandated by the State, but at the very least should be left to the determination of the local electorate. It is recommended that the City Council oppose Assembly Constitutional Amendment 21 and Assembly Bill 330. The committee which is hearing these bills is the Assembly Committee on Elections and Reapportionment. Upon a motion by Councilman Rogers, the Bakersfield City Council representatives to the South San Joaquin Division of the League of California Cities, Councilman Medders and City Manager Bergen, were instructed to register opposition to the present Land Use Planning Act, when under discussion at meetings of the Directors and the South San Joaquin Division of the League of California Cities and the Mayor was requested to prepare the necessary communication to the League of California Cities, expressing opposition to the Land Use Planning Act, by the following roll call vote: Ayes: Councilmen Medders, Rogers, Strong, Thomas, Barton, Bleecker, Heisey Noes: None Absent: None Bakersfield, California, March 31, 1975 - Page 7 Upon.a motion by Councilman Rogers, Legislative Report No. 4-75 opposing Assembly Constitution Amendment 21 and Assembly Bill 330, was approved and the Mayor was requested to prepare the necessary communications to the Assembly Committee on Elections and Reapportionment, Assemblyman Bill Thomas and Senator Walter Stiern, expressing the Council's opposition, by the following roll[ call vote: Ayes: Councilmen Medders, Rogers, Strong, Thomas, Barton, Bleecker, Heisey Noes: None Absent: None Public Works Director Bidwell reported on the proposed drainfield site acquisition for disposal of drainage from "Q" Street between 34th Street and the Southern Pacific Railroad. Upon a motion by Councilman Bleecker, authorization was granted to the Public Works Department to proceed with the purchase of a 1.33 acre parcel located on the south side of 28th Street, approximately 500 feet east of San Dimas Street, in the amount of $13,000.00, with the understanding that the City will construct improvements on the south half of 28th Street from the end of 28th Street to that property, for drainfield site for disposal of drainage from "Q" Street between 34th Street and the Southern Pacific Railroad. Director of Public Works Bidwell stated that in regards to Councilman Bleecker's request for investigation of the dust problem on 16th Street near the Sartre Fe tracks, that correspondence was sent to the Sante Fe Railroad and Mr. Collins, Roadmaster in Bakersfield, personally took the correspondence to Fresno and discussed it with Mr. Jones, Division Engineer. Mr. Becker, Super- intendent of Sante Fe Railroad between Barstow and Richmond, is aware of the problem and has directed Mr. Jones to investigate and personally make a report to him with a recommendation. Mr. Jones 282 Bakersfield, California, March 31, 1975 - Page 8 has assured ihe City that he will be in Bakersfield this week to review the situation and keep the City posted. Councilman Bleecker suggested that Mr. Jones personally contact the residents along 16th Street in an attempt to alleviate. the dust problem. Consent Calendar. Councilman Strong requested that Item (c) of the Consent Calendar be voted on separately. The following items were listed on the Consent (a) Allowance of Claims Nos. 3434 to 3485, inclusive, in the amount of $81,559.88. (b) Notice of Completion and Acceptance of Work on resurfacing and paving portions of various streets within the City of Bakersfield - Contract No. 74-116 with Griffith Company. (d) Adoption of Resolution No. 25-75 of the Council of the City of Bakersfield making finding concerning proposed Subdivision: Tentative Map of Tract No. 3749 located in West Bakersfield, south of Stockdale Highway, west of Montalvo Drive and within Stockdale Estates No. 2. Upon a motion by Councilman Strong, Items (a), (b) and (d) 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 Item (c) Adoption of Resolution No. 24-75 of the Council of the City of Bakersfield making finding concerning proposed Subdivision: Tentative Tract No. 3746, Phase "A" and "B" Only, located north of 178 Freeway, south of Auburn Street, approximately 2000' east and west of centerline of Eissler Street. After discussion, upon a motion by Councilman Rogers, the City Council made the finding that said Tract, together with the Calendar: Bakersfield, California, March 31, 1975 - Page 9 provisions for its design and improvement, is consistent with applicable general and specific plans, and also found that it is in accordance with the State Subdivision Map Act, by the following roll call vote: Ayes: Councilmen Medders, Rogers, Strong, Thomas, Barton, Bleecker, HeiseF Noes: None Absent: None Upon a motion by Councilman Rogers, Resolution No. 24-75 of the Council of the City of Bakersfield making finding concerning proposed Subdivision: Tentative Tract No. 3746, Phase "A" and "B" Only, located north of 178 Freeway, south of Auburn Street, approxi- mately 2000' east and west of centerline of Eissler Street, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Strong, Thomas, Barton, Bleecker, Heisey Noes: None Absent: None Councilman Heisey requested that the record show that the developer of this subdivision is a relative o£ his wi~e. New Business. First reading of an Ordinance o~ the Council of the City of Bakersfield adding Section 17.36.025 to Chapter 17.36 of Title 17 of the Municipal Code concerning uses permitted subject to Planning Director review and approval in the "A" Zones. This ordinance would allow the ~ollowing uses subject to Planning Director's review and approval: Private or public open recreational or sporting uses or events for a period not to exceed one week at a time. The proposed recreational or sporting uses would be a temporary use o£ the land with no permanent buildings or structures ,284 Bakersfield, California, March 31, 1975 - Page 10 involved. An Environmental Impact Evaluation was made and a negative declaration was posted in City Hall on March 7, 1975. The Planning Commission held a public hearing on the proposed amendment and recommended its adoption. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Section 17.36.025 to Chapter 17.36 of Title 17 of the Municipal Code, concerning uses subject to Planning Director review and approval in the permitted "A" Zones Approval of Construction Change Order No. i for Contract No. 74-116 with Griffith Company for resurfacing and paving portions of various streets within the City of Bakersfield. Upon a motion by Councilman Heisey, Construction Change Order No. i for Contract No. 74-116 with Griffith Company for resurfacing and paving portions of various streets within the City of Bakersfield, was approved and the Mayor was authorized to execute same. Council, adjourned at Adjournment. There being no further business to come before the upon a motion by Councilman Rogers, the meeting was 10:30 P.M. MAYOrsfield, Calif. ATTEST: CITY ~LERK and ExT~fficio Clerk of the Council of the City of B~rsfield, California ma