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Home My WebLink AboutOCT - DEC 1973Bakersfield, California, October 1, 1973 379 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., October 1, 1973. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend D. J. McDowell of the Pleasant View Baptist Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Rogers, Strong, Thomas, Bleecker, Heisey, Medders Absent: Councilman Whiftemore Minutes of the regular meeting of September 24, 1973, were approved as presented. Scheduled Public Statements. Mr. Nathan Krevitz of 1408 - 17th Street, read a lengthy letter to the Council, stating that Mrs. Jackie Parish, Executive Director of the Downtown Business Association, and Mr. Haynes, Direc- tor of Finance, both refused to supply him with membership lists of the Downtown Business Improvement District and the Downtown Business Association, claiming it is illegal for them to do so. He expressed his objections to being forced to contribute to the Downtown Business Improvement District when he does not receive any benefit; that in his opinion, this forced contribution is unfair, immoral and illegal based on the U.S. Constitution. He asked that this ordinance be rescinded and contributions be made on a voluntary basis by those who can benefit by it. He filed his letter with the City Clerk and presented each member of the Council with a copy of an announcement from the Pacific Telephone Company advising that his name had been inadvertently omitted from the telephone book, which had been approved by the National Association of Securities Dealers, Inc. During discussion, Councilman Bleecker pointed out that Mr. Hoagland had not been instructed to look into the matter of changing the classifications of the Downtown Business Improvement District, as stated in Mr. Krevitz' letter. The City Attorney does not make recommendations relative to the classifications. 380 Bakersfield, California, October l, 1973 - Page 2 Councilman Rogers stated that last week he had made a motion to refer the matter of securities dealers being required to pay the Downtown Improvement tax to the Business Development and Parking Committee for study and recommendation back to the Council in 30 days. In response to Mr. Krevitz' allegation that he had refused to release a list of the members and the assessments of the Downtown Business District, Director of Finance Haynes stated that information furnished his department by businessmen for tax purposes has always been confidential and it would be contrary to the relationship the City maintains with businessmen to release it. He does not know whether it is illegal to refuse to release the names, but he does know it is not ethical to do so. An outline of the Downtown Busi- ness Improvement District has been furnished to Mr. Krevitz which should give him an idea of the Improvement Disfrict's membership. Correspondence. A Communication signed by J. W. Logan, Director, was received from the General Services Department, requesting the Coun- cil to appoint a member to the Kern County "911" Emergency Telephone Planning Commission. Upon a motion by Councilman Heisey, the letter was received and ordered placed on file, Chief of Police Robert Price was appointed as a member and Chief C. C. Haggard of the Fire Department was appointed as alternate member, to represent the City of Bakersfield on this Committee, sions of AB 515. Consent Calendar. The following items were (a) (b) which is mandated by the provi- listed on the Consent Calendar: Allowance of Claims Nos. 783 to 849, inclusive, in amount of $31,097.85 Notice of Completion of Work on Tract No. 3544 Bakersfield, California, October 1, 1973 - Page 3 and Ayes: Noes: Absent: (c) (d) Plans and Specifications for Construction of a Traffic Signal and Street Lighting System at the intersection of Columbus Street and Oswell Street. Street right of way Deeds from Richard C. and Joyce L. Nuckles, and Kenneth A. and LaDonna Taylor. Upon a motion by Councilman Strong, Items (d) of the Consent Calendar were adopted by the Councilmen Thomas, Bleecker, Heisey, Medders, None Councilman Whittemore. Action on Bids. Upon a motion by Councilman Thomas, low bid of Company, tric ing System at the Intersection of Wilson Road and Hughes accepted, all other bids were rejected and the Mayor was to execute the contract. (a), (b) , (c) , following vote: Rogers, Strong A-C Elec- for installation of Traffic Signal and Street Light- Lane was authorized Upon a motion by Councilman Bleecker, low bid of Dicco, Inc., for widening and improving a portion of Truxtun Avenue, Chester Avenue and 17th Street was accepted, all other bids were rejected and the Mayor was authorized to execute the contract. The low bid exceeds the budgeted amount by approximately $8,000. Funds are available in the City's Major Street Improvement Account for the additional cost. Director of Public Works Bidwell explained that $60,000 was budgeted in this Account for those small projects which come up each year which are not anticipated, such as the City's share of improvements in subdivisions, and curb, gutter and sidewalk repairs throughout the City. Deferred Business. Upon a motion by Councilman Medders, Ordinance No. 2137 New Series amending Section 7.59.190 of Chapter 7.52 of the Municipal Code establishing Rates and Fares for Taxicabs, was adopted by the following vote: Ayes: Noes: Absent: Councilmen Thomas, Bleecker, None Councilman Whirremote Heisey, Medders, Rogers, Strong Bakersfield, California, October l, 1973~ - Page 4 Adoption of Resolution No. 79-73 authoriz-~ ing an amendment to the Agreement with the Department of Transportation for mainten- ance of State Highways within the City of Bakersfield. Councilman Heisey commented that this agreement with the Department of Transportation will rectify the problem of unswept and dirty state highways within the City such as formerly existed on Golden State Avenue until the City put the pressure on the State. By entering into this agreement, the City will sweep the streets and be reimbursed by the State for the actual cost of the work. It will necessitate the purchase of a street sweeper for which funds were budgeted in the 1973-74 budget. Upon a motion by Councilman Heisey, the staff was authorized to purchase the sweeper, and Resolution No. 79-73 authorizing the amendment to the agreement with the Department of Transportation for maintenance of State High- ways within the City of Bakersfield, was adopted by the following vote: Ayes: Noes: Absent: Councilmen Thomas, Bleecker, Heisey, Medders, Rogers, Strong None Councilman Whittemore Approval of Extension of Lease Agreement with Albert L. and Shirley Phillips. Upon a motion by Councilman Bleecker, extension of Lease Agreement with Albert L. and Shirley Phillips for the renewal of the Lease of 3.4 acres of City owned property located at Treatment Plant No. 1 for terms and the purpose of grazing cattle was approved under the same conditions of the previous lease. First reading of An Ordinance of the Council of the City of Bakersfield amending Subpara- graph (3) of Paragraph (b) of Section 6.08.040, adding Subparagraph (4.5) to Paragraph (b) of Section 6.08.040, adding Subparagraph (3.5) to Paragraph (b) of Section 6.08.050 and adding Section 6.08.061 to Chapter 6.08 of Title 6 of the Municipal Code, concerning Sales and Use Tax. After explanation by the City Attorney, first reading was considered given to An Ordinance of the Council ~f the City of Bakersfield, California, October 1, 1973 - Page 5 Bakersfield amending Subparagraph (3) of Paragraph (b) of Section 6.08.040, adding Subparagraph (4.5) to Paragraph (b) of Section 6.08.040, adding Subparagraph (3.5) to Paragraph (b) of Section 6.08.050 and adding Section 6.08.061 to Chapter 6.08 of Title 6 of the Municipal Code, concerning Sales and Use Tax. Adoption of Resolution No. 80-73 of the Council of the City of Bakersfield authorizing the Auditorium-Recreation Manager to execute agreements for permit to occupy designated portions of the California Avenue Park Neighborhood facility for short periods, approving the form of such permit, establishing certain rental rates and requiring annual report on the use of such facility. Councilman Rogers commented that before taking action on the proposed Resolution, he would like to make a short statement. The Auditorium-Recreation Committee held a meeting on Friday with the Recreation Department staff, at which time some of the areas were again explored with the idea of making additional deletions in the furnishings for the California Avenue Park Neighborhood facility. The four possible tenants who have expressed interest in occupying the building were contacted to find out whether they would have furniture available for use af this facility. Only two of them had any furniture at all, and this furniture consisted of wooden desks which were in need of repair and which had been bought as army surplus equipment. One had a steel desk. As pointed out by the staff, this equipment would need to be repaired before it could be used, so it was determined that probably nothing is available that will fit into the building. Also, the tenants furnishing the office would possib~Ly be reluctant to share their furniture with any other agency renting the office space for the evening period. There were two conclusions reached by the members attending the meeting. The first was that the amount approved by the City Council last Monday night for furnishing this facility was reasonable, and the Committee recommends no changes. The second conclusion was, that after the California Avenue Park Neighborhood Facility has been Bakersfield, California, October l, 1973 - Page 6 operating for a reasonable length of time, a financial report will be submitted to the Auditorium-Recreation Committee and depending upon this report, adjustments in rents and fees charged by the City for use of this facility may be recommended to the Council for approval. Councilman Heisey stated that he was under the impression the fees were regulated by HUD and Councilman Rogers explained that as he understands it, there is no set amount, however, fees can not be charged in excess of what a similar facility in that area would bring, and the City is not allowed to charge a fee which would result in a profit. There may be others, but to his knc~vledge, those are the restrictions placed on the facility by the Department of Housing and Urban Development. Councilman Strong stated that he would like to comment and possibly correct some of Mr. Rogers' statements. There were only two committee members present at the Friday meeting, and he would not like the minutes to reflect that as one member of the committee, he felt the amount voted by the Council last Monday night for furnishings was reasonable, and he would point out that this was reflected in the way he voted at last week's Council meeting. Councilman Rogers stated that Councilman Strong was correct. Perhaps he should strike the word "reasonable" from the report. He did call Mr. Medders and he essentially agreed with the two conclusions reached. He asked Councilman Strong if he wanted to change the report, or would he like to strike it out all together. Councilman Strong repeated that he did not consider the amount voted by the City Council last Monday as being reasonable for adequately furnishing this facility and Councilman Rogers and Councilman Medders can do whatever they want to. Councilman Rogers commented that it might be a good idea to go back a little in time. He was not on the Council when this Bakersfield, California, October 1, 1973 - Page 7 3S5 project was first initiated, he was not here when the furnishing of the facility was discussed. He has heard different accounts, but today the minutes of a Gouncil meeting of approximately a year ago we re read to him and according to his interpretation of the way the Minutes read, the furnishings, including the equipment, meaning tables, chairs and desks, were to be furnished by the local residents, not by the City. In light of that, he would say that the City bas agreed to spend $26,000 over and above what it agreed to spend a year ago. This sounds extremely reasonable to him. Councilman Rogers then moved that Resolution No. 80-73 of the Council of the City of Bakersfield authorizing the Auditorium- Recreation Manager to execute agreements for permit to occupy designated portions of the California Avenue Park Neighborhood Facility for short periods, approving the form of such permit, establishing certain rental rates and requiring annual report on the use of such facility, be adopted. This motion carried by the following roll call: Ayes: Councilmen Thomas, Bleecker, Heisey, Medders, Rogers, Strong Noes: None Absent: Councilman Whittemore Councilman Medders commented that he had a previous commit- ment with a problem at McDonald's, which was settled. He was not attempting to dodge or boycott the Auditorium-Recreation Committee meeting. Hearings. This is the time set for public hearing before the Council for hearing objections to include within the Greater Bakersfield Separation of Grade District certain territory designated as "Stock- dale No. 8" Annexation. This hearing has been duly advertised. This is an uninhabited annexation with 100% consent. Mayor Hart declared the hearing open for public participation. No protests or objections being received, the public hearing was closed for Council deliberation and action. Upon a motion by 386 Bakersfield, California, October 1, 1973 - Page 8 Councilman Thomas, Resolution No. 81-73 annexing certain territory designated as "Stockdale No. 8" to the Greater Bakersfield Separation of Grade District was adopted by the following vote: Ayes: Councilmen Thomas, Bleecker, Heisey, Medders, Rogers, Strong Noes: None Absent: Councilman Whittemore This is the time set for public hearing before the Coun- cil to ascertain whether the public necessity, health, safety or welfare require the removal of poles, overhead wires and associated overhead structures and the installation of underground wires and facilities for supplying electric, communication, cable television or similar and associated service in Division 2 of Underground Utility District No. 3. This hearing has been duly advertised and Utility companies and property owners within the District have been not if led. Mayor Hart declared the hearing open for public participa- tion. No protests or objections being received, and no one speaking in favor, the public hearing was closed for Council deliberation and action. After general discussion and explanation concerning the Utility Underground Districts by Public Works Director Bidwell, upon a motion by Councilman Thomas, Resolution No. 82-73 establishing Division 2 in Underground Utility District No. 3, was adopted by the following vote: Ayes: Councilmen Thomas, Bleecker, Heisey, Medders, Rogers, Strong Noes: None Absent: Councilman Whirremote Mayor Hart suggested that the Council study the material regarding the resolutions to be discussed at the business meetings of the League of California Conference and be prepared to make recom- mendations at meeting of October l§, 1973. Adjournment. There being no further business to colbefore the Council, ATTEST: CLERK and Ex-Oft~lcio Clerk of the Council of the City of Bakersfield, California Bakersfield, California, October 15, 1973 3 ,7 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., October 15, 1973. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Wallace Hastings of Valley Christian Church. The City Clerk called the roll as follows: Mayor Hart. Councilmen Whittemore, Bleecker, Heisey, Present: Absent: Medders, Rogers, Strong, Thomas None Minutes of the regular meeting of October 1, 1973 were approved as presented. Scheduled Public Statements. Mrs. Elizabeth Van Alstyne requested the Mayor's signature on a Proclamation which she read to the Council, proclaiming October 23rd to be "United States Day" and October 23rd through 29th to be "United States Week" in the City of Bakersfield. Upon a motion by Councilman Heisey, Mayor Hart was authorized to sign and issue the Proclamation. Mr. Gerald Clifford, representing himself as a private citizen, as Chairman of the Public Affairs Committee of the Bakers- field Board of Realtors, and as Kern County Chairman for Californians for Lower Taxes, all supporting Proposition No. 1, asked the Council to take a position on this Proposition by adopting a proposed resolu- tion approving the concept of tax limitation to protect free enter- prise system and the private initiative of Bakersfield's citizens and urging voters to approve this measure in the election scheduled for November 6, 1973. He briefly explained Proposition No. 1, which he stated has been reviewed by experts, and read the proposed resolu- tion to the Council. Councilman Heisey commented that the Council should take some positive action on this Proposition tonight, as this is an initiative measure signed by a large number of people of the State of California, and he feels that it is a very constructive move. He then moved adoption of the Resolution. Bakersfind, California, October 15, 1973, Page 2 Councilman Rogers agreed the Council should take a posi- tion on Proposition No. 1, the advantages outweigh the disadvantages, and hopefully, adoption of this Proposition will reduce the size of government. He stated he can thoroughly support the resolution presented by Mr. Clifford. Councilman Whittemore stated he has given it a great deal of thought and still doesn't have enough information on the Proposi- tion to digest it thoroughly. He is in favor of it, but is not quite prepared to vote on it tonight. Councilman Strong commented that he has attempted to analyze all the material he has received on Proposition No. 1 and like Councilman Whittemore, he has not the measure. Councilman Thomas stated that fully made up his mind on he has studied the measure and there are some things in the bill which he does not agree with.. He does not want to be on record as abstaining from voting, but he would like to have an opportunity to review the Proposition further with the staff and with some of his in the fields of financing and law. at this time. friends who are very competent He can not support the motion Councilman Whirremote offered a substitute motion, that the Council delay a final decision in support of this Proposition until the October 29th Council meeting with the stipulation that the Council members attending the League of California Cities Conference in San Francisco convey their position to the Mayor who will be the City's voting delegate at the Conference. This will give the Council an extended period of time to study and arrive at conclusions on the measure prior to the November 6th election. Councilman Heisey spoke against the substitute motion, stating that tonight is the appropriate time to take action on this Proposition in order to be fair to the members of the Council who will be attending the League Conference. He pointed out that a number of organizations, such as the Kern Taxpayers Association, have studied and thoroughly analyzed this measure and have come out Bakersfield, California, October 15, 1975 - Page 3 3S9 with an affirmative endorsement of the proposal. If there are any flaws in it, amendments can be added, and if the public is dissatis- fied, it can be thrown out completely. This is a real golden oppor- tunity to place controls on the State Legislature and relieve the tax burden for the people of the State. Councilman Rogers pointed out that the Proposition provides that any time an emergency arises, the local governing body, by a four-fifths majority vote, can adopt a resolution or ordinance to raise the necessary funds to meet the emergency, so there is no lid placed on the Council's authority to raise funds when they are needed. Councilman Medders stated he does not consider this Proposi- tion to be a partisan measure, it appears to be a good authority for the Council to do something about a problem which seems to be increas- ing in scope each year. He doesn't see any real reason to delay taking action tonight, and he would support the motion. Councilman Bleecker commented that as he has said a number of times, if government doesn't have it they can't spend it. Since there are safeguards in this measure which provide for the raising of funds in emergencies, he is in favor of taking a favorable vote on the issue tonight and would oppose the substitute motion. The Council is going to be required to take a stand on the measure at the League of California Cities Conference so he sees no reason to delay making a decision this evening. After additional discussion, vote taken on Councilman Whittemore's substitute motion failed to cary by the following roll call: Ayes: Councilmen Whittemore, Strong, Thomas Noes: Councilmen Bleecker, Heisey, Medders, Rogers Absent: None tion No. record of Vote taken on Councilman Heisey's motion to adopt Resolu- 89-73 whereby the Council of the Cityof Bakersfield goes on approving the concept of tax limitation and urging the 390 Bakersfield, California, October 15, 1973 - Page 4 voters to approve Proposition No. 1 in the election scheduled for November 6, 1973, carried by the following roll call: Ayes: Councilmen Whirremote, Bleecker, Heisey, Medders, Rogers Noes: Councilmen Strong, Thomas Aboent: None Councilman Strong qualified his ~no~ vote by stating he wanted Mr. Clifford to know that he needed time to resolve the question in his mind whether Proposition No. 1 would pass on to local government the problem of raising additional funds. Councilman Thomas stated he voted "no" because he thinks the bill is basically a bad one, and he can't support it. Correspondence. A petition from the Bakersfield City Employees Association for Peremptory Writ of Mandate with Supporting Points and Authorities was filed with the City Clerk. Mayor Hart stated that inasmuch as this deals with a law suit filed against the City, there has been a request to go into a brief executive session. Upon a motion by Councilman Heisey, the Council recessed for an executive session held in the Caucus room. The Council reconvened, and upon a motion by Councilman Thomas, the petition from the Bakersfield City Employees Association was referred to the City Attorney. The City Clerk read a communication from the Downtown Business Association objecting to signs reading "Ski-arama October 14" displayed on a building located at the southeast corner of 21st and Chester Avenue. The letter also requested the City Council to take every possible action to adopt a proper sign ordinance to prohibit this type of sign and to eliminate the demeaning signs displayed on the Padre Hotel. Councilman Bleecker stated that to take action on this request would be inappropriate at this time, as before the Council can prohibit the display of signs, there should be a concise ordinance to Bakersfield, California, October 15, 1973 - Page 5 391 regulate such signs. He pointed out the absence of a recommendation from the Planning Commission on a sign ordinance which it has been studying and has been in the hands of a committee for several years. He has reviewed the sign ordinances of other cities and is prepared at the time the Planning Commission submits a proposed sign ordin- ance to the Council, to comment on proper signing for the City of Bakersfield. Councilman Whittemore, as Council liaison on the PlanninE: Commission attempted to clarify the status of the sign ordinance, stating that the Planning Commission appointed a committee which has worked diligently many months with representatives from sign companies, members of the realty board, Stockdale Development Cor- poration, with anyone who would be involved in signs, and after review of ordinances from other cities, has compiled a final draft which has been submitted to the Planning Commission. The Commission has been holding special meetings on the draft ordinance and is now at the point of making a summation in order to h~ld a public heariD.g on the proposed ordinance. After a public hearing at the Planning Commission level, the recommendations will be submitted to the Council for consideration and another public hearing. As he under- stands it, one more public hearing will probably conclude the Planning Commission's study of this ordinance. Councilman Medders commented that the Downtown Business Association should contact the owner of the building to enhance the appearance of the building by placing displays in the vacant store windows. This has been done in the past and helped rent the building. Councilman Heisey stated the Council has been very patient waiting for the Planning Commission to submit a proper sign ordinance. He is glad to hear from Councilman Whittemore that the ordinance will be forthcoming to the Council before the end of the year. He then moved that the letter be referred to the Planning Commission with the suggestion that the Downtown Business Association be invited to 392 Bakersfield, California, October 15, 1973 - Page 6 attend the next hearing on the sign ordinance to offer input before it is submitted to the Council. Councilman Rogers stated that he has been informed this Ski-arama sale happens once a year and only continues for a short time. The signs will be taken down next Friday and the signs referred to in the Westchester area have been taken off the windows. He questioned the appropriateness of the Downtown Business Association criticizing this particular business for its signs. Vote taken on Councilman Heisey's motion carried unanimously. It was moved by Councilman Thomas, that communication from Mr. Nathan M. Krevitz, requesting the City to divulge the names of members of the Downtown Business Improvement District and to rescind the Business Improvement Tax be received and placed on file. Substi- tute motion offered by Councilman Bleecker that the communication be received and referred to the Business Development and Parking Committee, carried unanimously. The City Clerk read a communication from Mr. John R. Longley, Executive Director of the Central California Criminal Justice Planning Region, stating that AB 1306, which recently passed the Legislature, eliminates current provisions of the Penal Code pertaining to the California Council on Criminal Justice and creates a new council by' the same name. This Board feels that every effort should be made by the cities and counties of this region to assure that a qualified person from this area is a member. The Regional Board recommends that concensus be reached as to who should be recommended and that every city and county should, by resolution, recommend to the proper appoint- ing authority the name of that person as a member of the California Council on Criminal Justice. Councilman Whittemore stated he represented the City of Bakersfield on the California Council on Criminal Justice for some period of time. Some of the programs are very good; however, the City of Bakersfield has not participated in any of them, nor requested Bakersfield, California, October 15, 1973 - Page 303 any grants through this organization. He feels that this request should be thoroughly analyzed to determine how far this representaJ;ion is going to extend, because the way it is set up, the City.would not have a voice in it. He asked that this be referred to a Committee to obtain additional information from Mr. Longley for review and moved that the letter be referred to the Inter-Governmental Relations Committee and the staff for report back to the Council. This motten carried unanimously. A communication was received from Vera K. Gibson, County Clerk, requesting the Council to designate a representative to attend a meeting of the City Selection Committee to be held at 7:30 P.M. on Wednesday, October 24, 1973. Councilman Heisey stated he had been appointed by the Mayor as official representative to attend two quarterly meetings of this Committee, and there was no business to transact and no quorum at one of the meetings. He stated it is quite a distance to come from all over the County to attend a committee session which has no purpose. After discussion, Councilman Bleecke.r volunteered to represent the City at the next quarterly meeting, and was designated to do so by the Mayor. Reports. At this time the Council discussed the proposed Resolutions to be considered at the League of California Cities Annual Conference to be held in San Francisco October 21 - 24, 1973. Mayor Hart read the following paragraph from a communication received from the League: In the case of the resolutions referred to the Mayor's and Councilmen's Resolutions Committee, the recommenda- tions are, at the suggestion of the committee, preliminary. Another meeting of the Mayor's and Councilmen's Depart- ment Resolutions Committee, will be held on Monday, October 22, 1973, at which time anyone wishing to discuss any specific recommendation of the department will have the opportunity to do so. At the conclusion of the meet- ing, the preliminary recommendations, together with any changes resulting from the second meeting, will be acted upon at the Mayor's and Councilmen's Business Session and then forwarded to the General Resolutions Committee. Councilman Rogers pointed out that the material sent to the Council was in two parts. An Action Plan, reduced to five 394 Bakersfield, California, October 15, 1973 - Page 8 resolutions proposed by the League of California Cities which the Council has had adequate time to study and reach conclusions on what action to lake. There are also 71 General Resolutions which may be amended or changed at the meeting in San Francisco. He feels that the Council could take proper action on the five resolutions regard- ing the Action Plan tonight and perhaps not take any action on the other 71, which undoubtedly will be changed or amended before being submitted to the General Resolutions Committee. Councilman Bleecker criticized the League of California Cities for submitting 71 general resolutions to the City of Bakers- field and other cities to be acted upon next week in San Francisco, stating that certainly, no Council could be expected to peruse them to the point where it could make any type of recommendation to the voting delegate to take a stand on at the Conference. He has some very strong feelings about parts of three or four of the other five resolutions and feels they can be acted upon this evening. Councilman Thomas agreed with Councilman Bleecker that the material was received very late and pointed out that the South San Joaquin League of California Cities was not the source of any of the reso- lutions. He does not think it is really necessary to review the 71. general resolutions which were submitted to the Council for its information only. Councilman Whittemore gave a brief analysis of the League and how it functions, stating that personally he feels the Council should not give up its membership in the League, this organization has many faults, but it also provides pertinent, valuable information to this City and other cities analyze mutual problems. Councilman Bleecker throughout the State and attempts to stated he can appreciate Councilman Whittemore's position regarding the value of the League since he has served on the Board of Directors and in other capacities for a number of years. The main argument seems to be that the League of Bakersfield,California, October 15, 1973 - Page 9 395 California Cities furnished the City of Bakersfield with information and contacts with Sacramento and other cities. He maintains that if the League's position is almost continuously contrary to the will of this Council, the League of California Cities does damage to the CJbty of Bakersfield in Sacramento. Councilman Bleecker then moved that the Finance Department, with the help of Department heads, be instructed to prepare a breakdown of expenditures during the last fiscal year for the cost of all activities connected with belonging to the League of California Cities and its various subsidiaries, including the South San Joaquin Division. This would include cost of trans- portation, fees for special sessions, fees paid for educational and regional meetings, and the amount expended for attending the League Conference. He added that he wanted an explicit breakdown similar to an end of the year financial statement. Vote taken on Councilman Bleecker's motion carried, with Councilman Thomas voting in the negative. Councilman Heisey stated that he has spent considerable time reading the 71 resolutions over the weekend, and out of the 71, he voted "no" on 15, 10 he wishes to review further, and voted "yes" on the rest of them. He feels that the League of California Cities does represent his position 80% as far as the resolutions are con- cerned,and that is probably as good as any organization can be expected to be when it represents diverse sectors of society as this League does. He feels that it performs a very useful function, and when it fails to represent him, he can ~o directly to his representatives in the Legislature and tell them so. Mayor Hart commented that he feels these 71 resolutions were sent out for leisurely perusal by the Council with the full knowledge that members can attend any of the committee meetings in San Francisco and state exactly how they feel and contribute toward the,finalization of the resolutions. City Manager Bergen stated that these resolutions were~ sent out by the League so that each city would know what other Councils 396 Bakersfield, California, October 15, 1973 Page 10 are doing, they did not expect any action, they merely wanted the Councilmen who were going to attend the Conference to be aware of what other cities had proposed. These are merely preliminary reso- lutions and are subject to change and many of them will not reach the floor. Councilman Rogers stated he has reviewed the first five resolutions very closely and is opposed to four of them, so he doesn't feel that the League of California Cities is representing him very actively. In his opinion, the Action Plan wholeheartedly embraces regional government, and everyone knows how he feels about regional government. Councilman Whittemore commented that the Council should concern itself with only the first five resolutions as a large number of the 71 resolutions will never get out of committee and will not be voted upon. After discussion, Councilman Rogers made a motion that the Bakersfield City Council go on record in opposition to Resolution No. AP 1 and so instruct its voting delegation. Councilman Whittemore asked the Council to consider that the Mayors and Councils who are voting on this Resolution are making every effort to maintain local control. The City's South San Joaquin Division is opposed to regional government, they want to keep it one county instead of a multi-county, they are opposing the Governor's plan to incorporate Kern County into the other six counties, and are attempting to foster joint cooperation by the Cities, Counties and the School Districts and keep it on a local level. Therefore, he has to oppose the motion of Resolution No. AP 1. Councilman Bleecker expressed his opposition to the Action Plan Resolutions, stating that if the League of California Cities passes these resolutions, it will probably result in double the City staff to carry out the requirements which would be placed on the City. It is out of the Council's sphere of influence to involve itself in a large degree in programs which are already mandated by entities larger than the City of Bakersfield. 397 Bakersfield, California, October 15, 1973 - Page 11 Councilman Heisey offered a substitute motion that the Council oppose the first three Action Plan Resolutions. Councilma:a Rogers commented on all three resolutions, stating that each one of them has a hook in it, that unless the City agrees to a general plan, all. grants and all funds. will be withheld, so it is regional government, which he has been opposing since he was seated on the. Council. He expressed his support of the substitute motion. Councilman Bleecker discussed that portion of Resolution AP 2 - Environmental Control and Land Use Authority concerning a uniform annexation law which would conform annexation statutes and provide cities with authority to annex land within its sphere of influence, stating that this is the broadest boondogle which has ever attempted to be perpetrated upon the people of California. All of. these first five resolutions have already been approved by the Nayors and Councilmen's Committee and by the Board of Directors of the League of California Cities. If the people of California knew what these Action Plan Resolutions contained, they would be very much concerned. Councilman Whirremote commented that as he has said before, there are both good and bad points in these resolutions. He would agree with Councilman Bleecker regarding the liberalized annexation section in Resolution AP 2, he has always opposed the liberalization of the annexation laws because he does not think any area should be annexed that can provide its own services, or that any area should be forced to annex to a city against its will. Councilman Rogers stated he does not oppose Resolution AP 4- Public Service Employee Relations, But he does. oppose AP 5 -Adequate and Equitable Revenue Base. Councilman Strong commented that all five of these resolu- tions are extremely broad in scope. It seems to him that as long as Bakersfield is a taxing authority and responsible for rendering certain services involved with social and economic development of the city boundaries, it must face those responsibilities, because as long as this city is a taxing entity, it is going to have to be responsible 398 Bakersfield, California, October 15, 1973 - Page 12 to these needs. These resolutions are only setting out that the various cities should try to coordinate and work out some kind of continuity to enhance the social and economic well being of the citizens. It is the Council's responsibility to face up to the social and economic problems that face this city, whether it likes it or not. Councilman Rogers stated that the City of Bakersfield has faced up to these problems thing can be said for most The Council doesn't need Cities to point this out, continue to be done. for many years, and possibly the same any city in the State of California. a resolution by the League of California these things are being done and will Vote taken on Councilman Heisey's motion that the Council go on record as opposing Action Plan Resolutions l, 2 and 3, carried by the following vote: Ayes: Noes: Absent: Councilmen Whittemore, Thomas Bleecker, Heisey, Medders, Rogers, Councilman Strong None Upon a motion by Councilman Whittemore, the Council went on record as supporting Action Plan Resolution No. 4 - Public Service Employees Relations, by the following roll call vote: Ayes: Councilmen Whirremote, Bleecker, Heisey, Medders, Rogers, Strong, Thomas None Noes: Absent: None Councilman Heisey stated that he had very strong feelings about Resolution No. 5 - An Adequate and Equitable Revenue Base, and moved that the Mayor or the voting alternate offer a motion on the floor, or at an appropriate committee hearing to delete the following sentence from that resolution: "Cities should have authority for a city levied income tax or access to the income tax through an intergovernmental tax sharing agreement." Councilman Rogers commented that he does not think this Resolufion is necessary in order to give the Council authority to act 399 Bakersfield, California, October 15, 1973 - Page 13 within its sphere. For that reason the Council should oppose the Resolution in its entirety, as it already has this authority. Councilman Bleecker added that he opposes the entire Resolution as it is actually proposing additional sources for new taxes. Councilman Heisey then withdrew his motion, and moved that the entire Resolution be opposed by the Council. After a general discussion~ vote taken on Councilman Heisey's motion that the Council go on record as opposing AB 5 - An Adequate and Equitable Revenue Base~ carried by the following roll call: Ayes: Councilmen Whittemore, Bleecker, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: None Councilman Heisey repeated that he feels the voting representative at the League Conference should strongly and vigor- ously protest the sentence in AP Resolution No. 5 reading "Cities should have authority for a city levied income tax or access to the income tax through an intergovernmental tax sharing agreement", and should also speak in opposition to the proposal to establish a statewide property tax, and he made a motion to that effect. Mayor Hart questioned changing the phraseologF~ of the Resolution~ stating it would leave the impression that everything else in the resolution meets with the approval of the Council. As he interprets it, that is not the case. He will do whatever the Council asks, but he would like a broader interpretation of his responsibilities. Councilman Heisey commented that he believes the Mayor is: correct~ and withdrew his motion. Councilman Bleecker asked if the Council had taken a position not to act on the 71 Resolutions, and Councilman Heisey stated that was not the Council's position. The 71 Resolutions will be reviewed and action will be recommended at the general resolutions committee meetings. Those that make it to the floor will then be discussed in caucus by the City Councilmen present and appropriate action willbe decided at that time. 4OO Bakersfield, California, October 15, 1973 - Page 14 Councilman Heisey went on to say that he is quite certain the Mayor will come up with a responsible vote on the 71 resolutions, and when the resolutions come out on the floor, it will be possible for any delegate present to speak his mind. Councilman Thomas commented that possibly half of these resolutions will never get to the floor and the final phraseology will have been changed to such an extent that they will not be recognizable. It would not accomplish anything to vote on these proposed resolutions tonight. Councilman Rogers stated that he feels at the time the Resolutions go to the General Assembly for discussion, Mayor Hart, or the voting alternate, should move that action be delayed on the resolutions as they have come out of the Committee, and that the amended copies be distributed to all City Councils for discussion and adequate action, and final determination be recorded on these resolutions according to a poll of the cities. He feels this motion would be in order and would so move. He feels certain that the City of Bakersfield is not unique, that every City Council who has just received these 71 resolutions a few days ago is in the same dilemma as this Council is in. His motion would likely fall on very welcome ears, and probably will receive tremendous support. After a general discussion, vote taken on Councilman Rogers' motion carried, with Councilman Thomas voting in the negative. Consent Calendar. The following items appeared on the Consent Calendar: (a) Allowance of Claims Nos. 850 to 1009, inclusive, in amount of $191,467.48. (b) Claim for damages from Bruce Stanley Kratt (Refer to the City Attorney) (c) Claim for damages from Joy M. Wells (Refer to the City Attorney.) Bakersfield, California, October 15, 1973 - Page 15 401 (d) (e) Adoption of Resolution No. 83-73:of the Council of the City of Bakersfield making finding that Tentative Tra~t 3692, together with provisions for its design and improvement, is consistent with applicable general and specific.plans. Adoption of Resolution NO. 84-73 of the Council of the City of Bakersfield making finding that Tentative Tract 3693, together with provisions for its design and improvement, is consistent with applicable general and specific plans. (f) Application for Encroachment Permit from Dennis B. Christy, 359 Olive Street. (g) APplication for Encroachment Permit from Pepsi Cola Bottling Company, 215 East 21st Street. (b) Plans and Specifications for Paving Wilson Road west of New Stine Road and District Boulevard west of Sheppard Street. Upon a motion by Councilman Strong, Items (a), (b), (c), (d), (e), (g) and (h), with Item (f) being deleted, and adding Budget Transfer to provide funds for the purchase of a new printin[: calculator to be used by the payroll clerk in the Finance Department in the amount of $650.00 to be transferred from 11-510-7100 to 11-530-7100, were adopted by the following vote: Ayes: Councilmen Whittemore, Bleecker, Heisey, Medders, Strong, Thomas Noes: None Absent: None Rogers, Action on Bids. Upon a motion by Councilman Medders, all bids were rejected, and the Finance Director was authorized to re-advertise for the Improvement of Baker Street between East Truxtun Avenue and Southern Pacific Railroad. After discussion upon a motion by Councilman Strong, bid of Dicco, Inc for construction and paving of parking lot at Califor- nia Avenue Park was accepted and the Mayor was authorized to execute the contract. Authorization was granted to transfer $3,537 from Account No. 25-510-6100 to provide funds which were not budgeted for this project. 4O2 Bakersfield, California, October 15, 1973 - Page 16 Upon a motion by Councilman Bleecker, low bid of Safety Electric Company for the installation of Traffic Signal and Street Lighting System at the intersection of California Avenue and Oleander Avenue was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, bid for International Cab and chassis was awarded to Ray Gaskin Service and the flusher unit was awarded to Diamond Steel Co., Inc. Authorization was grailted to transfer $2,000 from Fund No. 11-510-6100 to Fund No. 81-691-7300 to provide sufficient funds to meet these bids. Upon a motion by Councilman Medders, bid of Three Way Chevrolet Company for Tilt Cab Truck with Crane was accepted, and all other bids were rejected. Upon a motion by Councilman Heisey, action on bid for Trailer Mounted Mobile Cement Mixer was deferred until October 29, 1973. Deferred Business. Upon a motion by Councilman Whittemore, Ordinance No. 2138 New Series of the Council of the City of Bakersfield amending Sub- paragraph (3) of Paragraph (b) of Section 6.08.040, adding Subpara-. graph (4.5) to Paragraph (b) of Section 6.08.040, adding Subparagraph (3.5) to Paragraph (b) of Section 6.08.050, and adding Section 6.08.061 to Chapter ~.08 of Title 6 of the Municipal Code, concerning Sales and Use Tax, was adopted by the following vote: Ayes: Councilmen Whirremote, Bleecker, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: None Adoption of Resolution No. 85-73 of the City of Bakersfield approving agreement between the State Board of Equalization and the City of Bakersfield for the Administration of the Local Sales and Use Tax by the State Board as provided by City Ordinance, and authorizing the Mayor to execute the Agreement. Upon a motion by Councilman Rogers, Resolution No. 85-73 of the Council of the City of Bakersfield approving agreement between Bakersfield, California, October 15, 1973 - Page 17 403 the State Board of Equalization and the City of Bakersfield for the Administration of the Local Sales and Use TaX by the State Board as provided by City Ordinance and authorizing the May to execute agree- ment, was adopted by the following vote: Ayes: Councilmen Whittemore, Bleecker, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: None Adoption of Resolution No. 86-73 of the Council of the City of Bakersfield fixing a time and place for hearing protests by persons owning real property within territory designated as "Beale No. 3", proposed to be annexed to the City of Bakersfield. Upon a motion by Councilman Thomas, Resolution No. 86-73 of the Council of the City of Bakersfield fixing December 3, 1973 :in the Council Chambers of the City Hall as the time and place for hearing protests by persons owning real property within territory designated as "Beale No. 3", proposed to be annexed to the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Whittemore, Bleecker, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: None Adoption of Resolution No. 87-73 of the Council of the City of Bakersfield fixing a time and place for hearing protests by persons owning real property within territory designated as "Rosedale No. l", proposed to be annexed to the City of Bakersfield. Upon a motion by Councilman Bleecker, Resolution No. 87-7'3 of the Council of the City of Bakersfield fixing December 3, 1973, in the Council Chambers of the City Hall as the time and place for hearing protests by persons owning real property within territory designated as "Rosedale No. 1", proposed to be annexed to the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Whittemore, Bleecker, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: None 404 Bakersfield, California, October 15, 1973 - Page 18 Adoption of Resolution No. 88-73 of Intention to include within the Greater Bakersfield Separation of Grade District a portion of certain territory designated as "Rosedale No. 1", and setting the ti~ and place for hearing objections to the inclusion of said territory within said District. Upon a motion by Councilman Bleecker, Resolution No. 88-73 of Intention to include within the Greater Bakersfield Separation of Grade District a portion of certain territory designated as "Rosedale No. 1", and setting the time and place for hearing objections to the inclusion of said territory within said District, was adopted by the following vote: Ayes: Councilmen Whittemore, Bleecker, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: None Request from Frank Terry Construction for a 60-day extension of time for completion of the California Avenue Park Neighborhood Facility, granted. Upon a motion by Councilman Strong, request from Frank Terry Construction Company for a 60-day extension of time for comple- tion of prisoners, the agreement. tion of California Avenue Park Neighborhood Facility, was granted. Request for time extension from Metcalf and Eddy, Inc. to prepare the project report for Wastewater Treatment Plants 1 and 2, granted. Upon a motion by Councilman Bleecker, revised agreement with William L. Main, dba Security Transport, Inc., for the air transporta- was approved and the Mayor was authorized to execute Hearings. This is the time set for public hearing before the Council on application of Stockdale Development Corporation to amend the zoning boundaries from an R-3-D (Limited Multiple Family Dwelling - Archi- tectural Design) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive, Zone, of that certain property located north of Kleinpell Avenue, west of Lennox Avenue and Winston Drive. Bakersfield, California, October 15, 1973 - Page 19 This hearing has been duly advertised and the property posted. All Property Owners have been notified as required by Ordinance. This requested zone change was a condition placed on the approval of Tract 3678, since the design of the subdivision did not coincide with the existing zone boundaries; the existing zoning line bisects the lots of the subdivision facing Winston Drive. A negative declaration was filed with the County Clerk and posted in the Ciiy Hall on Septem~.er 11, 1973, The Planning Commission recommended approval of the requested R-2-D Zoning as advertised. Mayor Hart declared the hearing open for public participa- tion. No~protests or objections were received. Mr. Chuck Tolfree, representing the Stockdale Development Corporation, was present to answer questions from the Council. Mayor Hart declared the public hearing closed for Council deliberation and action. Upon a motion by Councilman Medders, Ordinance No. 2139 New Series amending Title 17 of the Municipal Code by changing the Land Uxe Zoning of that certain property located north of Kleinpell Avenue, west of Lennox Avenue and Winston Drive,was adopted by the following vote: Ayes: Councilmen Whirremote, Bleecker, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: None This is the time set for hearing before the Council on appeal of Gary Gould, 1313 White Lane, to the decision of the Boar.~ of Zoning Adjustment denying his request for a Conditional Use Permit to permit the operation and maintenance of a day care nursery for six children. This hearing has been duly advertised and property owners notified. Mr. David Cotton, 1301 White Lane, an adjacent property owner, submitted a letter to the Board of Zoning Adjustment opposing the day care nursery. Based on this objection, the Board denied the request. Mayor Hart declared the hearing open for public participa- tion. Mr. David Cotton of 1301 White Lane, addressed the Council, stating that he is opposed to the granting of the Conditional Use Permit as he is a daytime sleeper because of his employment and the Bakersfield, California, October 15, 1973 - Page 20 children are noisy and interfere with his rest. No one else spoke in opposition to the day care nursery. Mr. Byron Brown of 1217 White Lane and Mr. Earl Mashburn of 1209 White Lane spoke in approval of the Conditional Use Permit, stating that the children did not bother them in any way. Mr. Gould, the applicant, stated that the children are napping from 12 o'clock until three o'clock during the day, mothers starting at 4 o'clock, and bother Mr. Cotton, as they are not to play. During discussion,it was and they are picked up by the he does not believe that they outside any great length of time brought out that there are six children in the day nursery and the applicant has two children of his own. Mayor Hart closed the public hearing for Council deliberation and action. Mr. Cotton stated that the children play under his bed- room window and they do disturb his sleep. Councilman Bleecker commented that he can see both sides of the problem, however, a mall must have his rest if his job depends on his sleeping during the day, and he therefore would oppose the granting of the Conditional Use Permit. Councilman Whittemore stated this is in his ward, and it is a tough decision to make, but a residential zoning is created for the purpose of living in peace and quiet, and although he sympathizes with Mr. Gould as day care nurseries are very badly needed, he feels it is the duty of the Council to protect Mr. Cotton in this instance. He then moved to adopt Zoning Resolution No. 245 denying a Conditional Use Permit to permit the operation and maintenance of a day care nursery for six children at 1313 White Lane. This motten carried by the following vote: Ayes: Councilmen Whirremote, Bleecker, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: None Bakersfield, California, October 15, 1973 - Page 21 Councilman Thomas asked Director of Public Works Bidwell for a status report on the proposed ramp to be built for the handicapped at the rear of the City Hall. Mr. Bidwell stated that several months ago they advertised for bids and did not receive any bids on this project. In an effort to get something done, they contacted another contractor who offered to do the work on a cost plus basis with a maximum amount. No action has been taken on this approach to date. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Thomas, the m(eting was adjourned at 11:20 P, M. · / MAYO o~f t~-~Y of Bakersfield, California ATTEST: CITY~CLERK and~Ex-O~ficio Clerk of the Council of the City of Bakersfield, California Bakersfield, California, October 29, 1973 Present: Absent: Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., October 29, 1973. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Mrs. Ann Monroe. The City Clerk called the roll as follows: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rogers, Strong, Thomas, Whittemore None Minutes of the regular meeting of October approved as presented. 15, 1973 were Councilman Heisey stated that he wanted to make a few comments: I was very much disturbed by the article in the Sunday newspaper regarding our City Manager Bergen who is serving with an indeterminate leave of absence from his previous duties as head of our Department of Public Works. The article by innuendo inferred that either something was wrong or possibly someone was out to get the City Manager, and went on to hint at possible sinister or secret: deals. Such comments are not in the best interests of the City of Bakersfield and they are demeaning to the people involved. We have an outstanding City Manager and an outstanding City administration. Our Manager is well respected the length and breadth of this State. I have discussed the matter with some of the. former Councilmen who were responsible for his appointment several years ago. They were shocked by the article and could not understand anyone wanting to rock the boat when an outstanding job is being done. We are most fortunate to have the type of administration we have in this City. I have also checked with Mr. Bidwell and find that he is in no way unhappy with the setup as it exists in the Public Works Department. If our City Manager should come to the Council at some future date and ask for a contract, I would support it, s%mply because 2 Bakersfield, California, October 29, 1973 - Page 2 he had asked for it. Until such an eventualtry, I am pleased to leave this matter as it now stands and to publicly indicate my whole-hearted confidence in, and appreciation for, our City Manager. I think it would be appropriate at I would move that the City Council confidence in and appreciation for our Bergen, and commend him for a job well Councilman Bleecker made the this time to adopt a motion and give an unqualified vote of City Manager, Mr. Harold done. following statement: I think that perhaps Councilman Heisey has read a great deal more into the story in the Californian than what is there. My comment, when asked by Mr. Anderson of the staff of the Bakersfield Californian regarding Mr. Bergen retaining civil service status, was an opinion that I have held for a long time. When it came to my knowledge that Mr. Bergen, in addition to his job as City Manager, under a Minute Order adopted in executive session by a former Council some six or seven years ago, claimed the right of the position of Director of Public Works, I became concerned, for a nuraber of reasons which I will state at this time. First, let me say that I can support the motion that Councilman Heisey has just made, because I think that we have an outstanding City Manager. Secondly, let me say that in my opinion, no person, whether it be Mr. Bergen or anyone else, who holds a non-civil service posJLtion such as City Manager of the City of Bakersfield, should have the prerogative to return to a civil service position such as that now held by Mr. Bidwell. The opinion is based on the fact that this City has no means by law, by its Charter, or by any orders this Council has made, to bump anybody from a civil service position. If Mr. Bidwell woke up some morning and the City Manager wanted his job back, Mr. Bidwell would be out of a job because there is no provision for Mr. Hawley, who serves directly under Mr. Bidwell, to be demoted, there is no provision for Mr. Schultz, who serves directly under Mr. Hawley, to be demoted. Another job Bakersfield, California, October 29, 1973 - Page 3 3 has not been provided in Public Works for Mr. Bidwell. That would take an action of this Council. I think the proper thing is for tile City Manager to seek some kind of a contractual agreement with the City of Bakersfield for two or three years, or whatever is fair, which I would support because I believe he has done an excellent job. Perhaps it is a matter of principle with me, but I cannot see how an employee of the City of Bakersfield with non-civil service status, can claim the job of one who has a civil service position that is protected under the law. Vote taken on Councilman Heisey's motion carried by the following roll call: Ayes: Councilmen Bleecker, Heisey, Medders, Rogers, Strong, Thomas, Whirremote Noes: None Absent: None Council Statements. Mayor Hart stated that he had appointed the Reverend Harry W. Williams of the Cain Memorial African Methodist Episcopal Church to serve on the California Avenue Park Neighborhood Facility Citizens Advisory Committee, to replace Mrs. Carmen Calderon, who has resigned. Reports. Councilman Bleecker, chairman of the Governmental Efficiency and Personnel Committee, stated that an article carried in the Bakersfield Californian this evening failed to mention that the City Council has reduced the City tax rate in the amount of 25~ for the fiscal year, which was possibly an oversight and which should be corrected by the news media. He then read the following report of the Governmental Efficiency and Personnel Committee on the subject of Notices Re Tax Rate Decrease: Two months ago, the City Council set a City total property tax rate of $2.6219 per $100 of assessed valuation, giving the City taxpayer a total reduction of 25~ in his tax rate for fiscal year 1973-74. 4 Bakersfield, California, October 29, 1973 - Page 4 There has been very little mention of this reduction by the local news media and the Governmental Efficiency and Personnel Committee feels the City taxpayers should be informed directly of this action. This Committee recommends the Council instruct the staff to send out postcards to City taxpayers informing them of this tax decrease, and at the same time run an ad in the local newspaper to this effect. We have been informed by the staff that to do this, it would cost approximately $2,000 for labor, materials, printing, postage, and to place the ad in the newspaper for a two-day period. It is also recommended that the Council authorize the necessary transfer of funds from the Council's Contingency Fund to initiate this action. Councilman Bleecker moved adoption of the report and that the necessary transfer of funds in the amount of $2,000 be made from the Council's Contingency Fund. Councilman Heisey agreed that this is an item worthy of wide distribution to the taxpayers, however, he questioned the idea of spending $2,000 to do it. He would prefer to see it referred to the Chamber of Commerce to put out some publicity on the tax cut. They have the funds for this purpose and would be happy to be asked to do it. He then offered a substitute motion to refer it to the Chamber of Commerce to publicize the fact that tax bills will be lower because of a reduction in the City tax rate, and if the Chamber fails to respond by next week, the Council still has plenty of time to take some other action, if it proves to be necessary. Councilman Medders agreed with Councilman Heisey. Bakers~- field has a daily newspaper, a twice weekly newspaper, three televi- sion stations with local public information broadcasts, and a number of radio stations. If the information is newsworthy, it can be picked up and circulated by these news agencies. To buy a newspaper ad for this purpose amounts to paying for a job which the newspaper should have done in the first place. Bakersfield, California, October 29, 1973 Page 5 Councilman Bleecker commented that he thinks the most important thing is to get the word out to the public. expected the news media to publicize the city tax cut, hasn't been done to any large degree. In his opinion, $2,000 for this purpose is for a good cause, and he would oppose the substitute motion. Vote taken on Councilman Heisey's motion carried by the following roll call: Ayes: Noes: Absent: Councilmen Heisey, Medders, Strong, Thomas, Councilmen Bleecker, Rogers None Councilman Bleecker asked who was going to If the Council it certainly spending follow up on whether or not the Chamber of Commerce publicizes the City tax cut. Councilman Heisey stated it was not included in his motion, but he is counting on the City Manager to contact the Chamber and work out a program for this purpose. Councilman Bleecker commented that as he understood it, Councilman Whittemore signed the report but voted in favor of referring the matter to the Chamber of Commerce. He then moved that the report be received and placed on file. Councilman Whirremote pointed out that only two Council- men attended the Governmental Efficiency and Personnel meeting, Mr. Bleecker was unable to be present. When Councilman Rogers submitted the report on notifying the public regarding the City tax reduction, he felt that what actually should be done was to go back for a period of ten years and show that the tax rate had been reduced from $3.27, the first year he served on the Council, to the present $2.62. Councilman Whittemore stated that he did not sign the report because it didn't encompass what he thought it should. Vote taken on Councilman Bleecker's motion to receive the report carried unanimously. Whittemore 6 Bakersfield, California, October 29, 1973 - Page 6 Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1010 to 1184, inclusive, in amount of $134,146.62. (b) Claim of James Ratliff rs. Bakersfield Police Department (Referred to City Attorney) (C (d Notice of Completion of Improving Stine Road from Wilson Road to Ming Avenue Notice of Completion of Work for Resurfacing a Portion of California Avenue from Oak Street to "C" Street (e Flowage Easement from Stockdale Development Corporation to serve Tract No. 3629 in the southwest area (f) Street Right-of-Way Deed from California Water Service Company Upon a motion by Councilman Strong, Items Nos. (a), (b), (c), (d), following vote: (e) and (f) of the Consent Calendar were adopted by the Ayes: Noes: Absent: Rogers, Strong, Councilmen Bleecker, Heisey, Medders, Thomas, Whirremote None None Action on Bids. Upon a motion by Councilman Whirremote, low bid of Griffith Company for resurfacing a portion of South "K" Street, South "I" Street, Dorian Drive and Antonia Way was accepted, all other bids were rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rogers, bid of A. C. Elecfric Company of Bakersfield for installation of traffic signal and street lighting at intersection of Columbus Street and Oswell Street, was accepted, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Strong, low bid of American Fence Company for Playground Fence at fhe California Park Neighbor-. hood Facility Building was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Bakersfield, California, October 29, 1973 - Page 7 7 Upon a motion by Councilman Thomas, low bid of Colecrest Equipment Company for construction of Storm Drains in portions of Akers Road and Planz Road was accepted, all other bids were rejected and the Mayor was authorized to execute the contract. At this time the Council further considered the purchase of a Trailer Mounted Mobile Cement Mixer which was deferred from meeting of October 15, 1973. Councilman Heisey stated that he had asked this to be held over until he attended an equipment show in Las Vegas where he was informed that there is only one manufacturer of this equipment on the west coast and that it is an excellent piece of equipment which will serve the City's purpose well. He then moved that the City dispense with bidding requirements and award the one cubic yard mixer to the only vendor, the Joor Mfg. Company,. This motion carried unanimously. Upon a motion by Councilman Medders, bid of Universal Wire and Cable Company for conductor cable was accepted and all other bids were rejected. Adoption of Resolution of Intention No. 893 of the Council of the City of Bakersfield, California, declaring its intention to order the closing of "K" Street between 21st and 22nd Streets and the Alley in Block 192 of the City of Bakersfield. Councilmen Rogers and Bleecker asked Planning Director Sceales why the Planning Commission had recommended the closing of "K" Street between 21st and 22nd Streets and the Alley in Block 192:, of the City of Bakersfield. Mr. Sceales stated that the Kern Commun- ity College District owns the block to the east and they have site development plans for parking and proposed ingress and egress from the area, which will all be landscaped. Councilman Bleecker asked what provision had been made for fire equipment to get into the eastern portion of the building if a fire should break out. Public Works Director Bidwell stated that access has been provided for fire fighting equipment 30 feet of the back of the building, for refuse trucks to provide service. the Planning Commission. to enter the parking lot within also accesswill be maintained This has been recommended by Bakersfield, California, October 29, 1973 - Page 8 Councilman Heisey asked if the Traffic Authority concurs with the closing of the street and alley, has a study been made. Mr. Bidwell stated that the Traffic Authority has reviewed it and they concur with it fully. Councilman Heisey asked if the Security Pacific Bank which has its main branch in the same block has been notified of the closing of "K" Street behind their property. Mr. Bidwell stated they are award of it, there may be some minor details to be worked out before the Council's public hearing, however; the bank will be notified of the public hearing so that they can appear and register any objec- tions. Councilman Whittemore commented that some of the business houses have talked to him about the closing of "K" Street and undoub- tedly there will be some objections unless the details mentioned by Mr. Bidwell can be agreed upon. Councilman Bleecker stated he had no qualms about closing the alley, but the closing of the street might affect other businesses in that immediate area. Stating that he didn't want it construed because he made the motion that he is in favor of the proposed plan, Councilman Bleecker moved to adopt Resolution of Intention No. 893 of the Council of the City of Bakersfield, California, declaring its intention to order the closing of "K" Street between 21st and 22nd Street and the alley in Block 192, City of Bakersfield, and setting date of November 26, 1973, for hearing on the matter before the Council. This motion carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rogers, Strong, Thomas Whittemore Noes: None Absent: None Councilman Rogers commented that he has heard a great many solicitations by Bakersfield College for students to fill up its classrooms and it seems strange to him that if the enrollment is so low at the college itself, that the College District would wish to expand and open another branch downtown. Bakersfield, California, October 29, 1973 - Page 9 9 First reading of an ordinance of the Council of the City of Bakersfield adding Chapter 17.49 to Title 17 of the Municipal Code, providing for a TT Travel Trailer Park Zone and regulations therefor. First reading was considered given to an ordinance of the City of Bakersfield adding Chapter 17.49 to Title 17 of the Municipal Code, providing for a TT Travel Trailer Park Zone and regulations therefor. First reading of an ordinance of the Council of the City of Bakersfield amending Section 17.08.280 of Chapter 17.08 of Title 17 of the Municipal Code, concerning Home Occupations. First reading was considered given an ordinance of the Council of the City of Bakersfield amending Section 17.08.280 of Chapter 17.08 of Title 17 of the Municipal Code, concerning Home Occupations. Adoption of Resolution No. 90-73 awarding Contract for doing the Work in Public Improvement District No. 889, pursuant to Resolution of Inten- tion adopted on August 13, 1973'. Upon a motion by Councilman Medders, Resolution No. 90-73 awarding Contract for doing the Work in Public Improvement District No. 889, pursuant to Resolution of Intention adopted on August 13, 1973, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rogers, Thomas, Strong, Whittemore Noes: None Absent: None Adoption of Resolution No. 91-73 of the City of Bakersfield agreeing to accept Parcel of Highway Right-of-way. After discussion, upon a motion by Councilman Medders, Resolution No. 91-73 of the City of Bakersfield agreeing to accept Parcel of Highway Right-of-Way on California Avenue west of Oak Street from the State of California, was adopted by the following vote: Ayes: Councilmen Heisey, Medders, Rogers, Thomas, Strong, Whittemore Noes: Councilmen Bleecker Absent: None Bakersfield, California, October 29, 1973 - Page 10 Action deferred for one week on proposed Resolution approving Revisions in Route 58 Freeway Plan and authorizing amendment of executed Freeway Agreement. The Council engaged in a discussion regarding proposed Resolution approving revisions in Route 58 Freeway Plan and authorizing amendment of executed Freeway Agreement with the State of California. Councilman Bleecker asked whether or not this would affect any of 'the property owners in that area and whether or not they have been notified that the Public Works Department has recommended approval of the proposed changes. Mr. Bidwell stated they have not notified the property owners in the area, it would affect some of them because it does change the access in some degree, although it is minor in most cases. Councilman Bleecker stated that he would suggest that on any changes affecting the property owners in the immediate area, the Council or the State should hold a public hearing to give those property owners the opportunity to either approve or disapprove the proposed changes. He is not familiar enough with it to understand the magnitude of the changes, but he would think a public hearing should be held. Councilman Heisey stated he would be very much interested in seeing drawings of the interchange, and he doesn't see any reason why this can't be held over for another week. A lot of people are concerned, as apparently it is going to wipe out sections of the west of the freeway. He then moved thai it be set over for another' side week. Councilman Whirremote stated he had the same reservations, he would want to eliminate any possibility of the same thing happen- ing that happened on Route 178 at Baker Street in East Bakersfield. He would favor holding it over for a week and having drawings pre- pared to show the Council exactly what changes are contemplated. City Manager Bergen suggested that in order to save time, the Council ask the Planning Commission to hold a hearing to give the public the opportunity to come down and express any objections and the Commission could then make a recommendation to the Council. Bakersfield, California, October 29, 1973 - Page 11 Councilman Whittemore commented that unless it is something of a major importance to the City of Bakersfield, he doesn't think there should be a great delay on this as the funding schedule has been set ahead considerably in order to expedite the construction of this freeway, which the Council has been requesting for some time. If there are only minor revisions, he feels that the Council should proceed with it, because if this is not done, it may be another tell years before the completion of this freeway, the funds are that pre- carious. Councilman Bleecker reiterated that he wants to be sure all of the property owners that could be affected by any changes made in that area are properly notified by the City. People in the area do not know what the changes are going to be at the present time. City Manager Bergen suggested that the Public Works Depart- ment contact each property owner of record, show them the plans, even call for somebody from the State to help show the plans, and make a report back to the Council next Monday, which would satisfy two considerations, that everyone was notified and expedite amendment of the Freeway agreement. Councilman Heisey stated he would concur with the City Manager's recommendations and include them as part of his motion. Councilman Bleecker asked that the motion include all property owners adjacent to any proposed revisions or changes in the configuration of this interchange be contacted by the staff. After general discussion, vote taken on Councilman Heisey's motion carried by the following roll call: Ayes: Noes: Absent: Councilmen Bleecker, Heisey, Medders, Thomas, Whittemore None Rogers, Strong, None Bakersfield, California, October 29, 1973 - Page 12 Approval of Agreement with P. G. & E. for construction of Street Light Near the Intersection of Stockdale Highway and New Stine Road. Upon a motion by Councilman Thomas, Agreement with the P. G. & E. for construction of Street Light near the intersection of Stockdale Highway and New Stine Road was approved, and the Mayor was authorized to execute same. Reception of Petition for formation of a Public Improvement District. Upon a motion by Councilman Strong, petition from residents along East California Avenue, Harper Avenue and Clarendon Street between Collins Way and South Brown Street, requesting the Council to form a Public Improvement District for the construction of curbs, gutter and sidewalk, was received and ordered placed on file. Reception of Certificate from City Engineer declaring sufficiency of petition for formation of a Public Improvement District. Upon a motion by Councilman Strong, certificate from City Engineer declaring petition from residents along East California Avenue, Harper Avenue and Clarendon Street between Collins Way and South Brown Street for formation of a Public Improvement District to be sufficient, was received and ordered placed on file and the City Attorney was instructed to prepare the necessary resolutions. Approval of Application for Encroachment Permit from David Miller, 343 Olive Street. Upon a motion by Councilman Medders, application from David Miller, 343 Olive Street, for encroachment permit for construction of a 4' high chain link fence at the back of the existing sidewalk, was approved. Authorization granted to expend funds to demolish and remove structure at 500 East Brundage Lane. Upon a motion by Councilman Strong, authorization was grant- ed to expend funds to demolish and remove city-owned structure at 500 East Brundage Lane, and the Finance Director was authorized to transfer $750 from Fund No. 25-510-6100 to Fund No. 25-795-9100 for this purpose. Bakersfield, California, October 29, 1973 - Page 13 Hearings. This is the time set for public hearing before the Council on the initiated action by the Planning Commission to Zone upon Annexation to a C-2-D (Commercial - Architectural Design) or more restrictive, Zone, and to an A (Agricultural) or more restrictive, Zone, those certain properties in the County of Kern located southerly of Stockdale Highway, easterly of Arvin-Edison Canal, northerly of Fraser Road and westerly of the City Boundary, known as Stockdale #8 Annexation. This hearing has been duly advertised, the property posted and property owners notified as required by ordinance. Stockdale Development Corporation requested zoning upon annexation for this 727 acre parcel located west and south or-Stock- dale Country Club. The requested zoning includes a C-2-D zone for 514 acres located at the southwest corner of Ming Avenue and Ashe Road with the remaining area A (Agriculture). The proposed zoning is in accordance with the general arrangement of land uses as depicted in the Land Use Element of the General Plan. A negative declaration was filed with the County Clerk and posted in the City Hall on September 20, 1973. The Planning Commission recommended approval of this zoning upon annexation as advertised. Mayor Hart declared the hearing open for public partici- pation. No protests or objections were received. Mr. Chuck Tolfree, present representing the Stockdale Development Corporation and Tenneco West, stated that his company wish to have it clearly set forth that at the mouthwest corner of Ming and Ashe Road there will be a commer- cial piece of property across the street from single family residen- tial, so that people would be aware of it before they moved into the homes. Councilman Bleecker asked why Stockdale Development Corpor- ation wanted to zone this area "Agricultural." Mr. Tolltee stated they would ask the Planning Commission to zone it other than agri- culture when their plans are firmed up. They requested annexation Bakersfield, California, October 29, 1973 - Page 14 originally in March, 1973, in order to meet a deadline which requi.red that all properties had to be specifically zoned by June 30, 1973. Councilman Medders asked if this property was within the sphere of influence of Cal-State University of Bakersf~ld and if it met with their approval regarding their plan for development of the area. Mr. Tolltee stated there had been no objections from the college. Mayor Hart closed the public hearing and returned to the Council for deliberation and action. Upon a motion by Councilman Thomas, Ordinance No. 2140 New Series amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, was adopted by the following vote: Ayes:; Councilmen Bleecker, Heisey, Medders, Rogers, Strong, Thomas, Whirremote Noes: None Absent: None This is the time set for public Hearing before the Council on the initiated action by the Planning Commission to Zone Upon Annexation to an M-2-D (General Manufacturing - Architectural Design) or more restrictive Zone, that certain property in the County of Kern located at the southwest corner of the intersection of Stine Road and Pacheco Road, known as a portion of Stine #3 Annexation. This hearing has been duly advertised, the property posted and the property owners notified as required by ordinance. The owners of two parcels of land within Stine #3 Annexation have requested M-2 zoning upon annexation. Subject properties were zoned M~3 in the County. The proposed zoning is in conformance with the general arrangement of land uses as depicted in the Land Use Element of the General Plan. A negative declaration was filed with the CountyClerk and posted in the City Hall on September 20, 1973. The Planning Commission recommended approval of this zoning upon annexation as requested and advertised with further recommendation to applythe "D" Architectural Design Overlay to assure a compatible development in the area. Bakersfield, California, October 29, 1973 - Page 15 Mayor Hart declared the hearing open for public participa- tion. No protests or Objections were received. Mr. Kenneth Hastin, Attorney representing Smithers-Oasis Company, one of the property owners requesting the M-2 rezoning, stated that this organization is going to develop and continue to employ people in the area and will be compatible with the type of development the Council wants in this particular area. Actually, they had wanted a M-2 zoning, but do not believe the application of tke "D" Overlay will interfere with the company's plans for active development of the area. A Representative of the owners of the 30 acres immediately south of Smithers-Oasis Company stated they are in favor of the zone change and that he was present to answer questions of the Council. Mayor Hart closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Thomas, Ordinance No. 2141 New Series amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rogers, Strong, Thomas, Whittemore None Noes: Absent: None This is the time set for public hearing before the Council on application by William A. Howell, Jr., to amend the zoning bound- aries from an R-1 (One Family Dwelling) Zone to an R-3 (Limited Multiple Family Dwelling), or more restrictive, Zone, affecting that certain property in the City of Bakersfield located on the southwest corner of Columbus Street and Panorama Drive. This hearing has been duly advertised, the property posted and the property owners notified as required by ordinance. The proposed ance with the Land Use is located on Panorama Sanitary Land Fill. R-3 zoning of subject property is Element of the General Plan. The Drive across from the entrance of in accord- property the City's 16 Bakersfield, California, October 29, 1973 - Page 16 A negative declaration was filed with the County Clerk and posted in the City Hall on September 11, 1973. The Planning Coramis- sion recommended approval of this zone change as requested and advertised, with the further recommendation to apply the "D" Archi- tectural Design Overlay to assure a compatible development in the area. Mayor Hart declared the hearing open for public participa- tion. No protests or objections were received. Mr. William A. Howell, the applicant, who stated that he and his sister own the in question, was present to answer questions from the property Council. Mayor tion and action. Hart closed the public hearing for Council delibera- Upon a motion by Councilman Rogers, Ordinance No. 2142 New Series amending Title 17 of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property located in the southwest corner of Columbus Street and Panorama Drive, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rogers, Thomas, Whirremote Noes: None Absent: None Strong, There being no Adjournment. further business to come before the Council, upon a motion by Councilman Whittemore, the meeting was~journed at 9:20 P.M. M e City of Bakersfield, Calif. ATTEST: and }~x-Officio Clerk of the Council of the City of Bakersfield, California Bakersfield, California, November 5, 1973 lowed by the Pledge of Allegiance and Invocation by end George Fraser of Interns for Christ. Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., November 5, 1973. The meeting was called to order by Mayor Hart fol- the Rever- The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Heisey, Medders, Rogers, Strong, Thomas, Whirremote, Bleecker Absent: None Minutes of the regular meeting of October 29, 1973 were approved as presented. Scheduled Public Statements. Mr. Luis Valdes, incoming President for the Kern County Camp Fire Girls, announced their Annual Candy Sale Kickoff and the Mayor and each member of the Council werepresented with a box of the candy chews to be sold by the Camp Fire Girls. Mrs. Barbara Young, Girl Scout Neighborhood Chairman, stated that a joint anti-litter project by the local Girl Scouts and Camp Fire Girls is planned on November 10, 1973, whereby citizens are urged to avail themselves of the pickup centers for trash which will then be hauled away. Mayor Hart presented the group with a Proclamation proclaiming Saturday, November 10, 1973, as "Keep Bakersfield Beautiful Day." Mr. George DeArmond, President of the Greater Bakers- field Chamber of Commerce, commended the Council for its recently reduced tax rate for fiscal year 1973, and stated that the Chamber plans to promote the advent of this tax cut in a number of ways. The Chamber publication "Metro" will carry a headline story which will be sent to over 1200 businesses and individuals, and all of the Chamber's industrial promotional material will feature a sec- tion on tax rates and assessed valuations, showing the outstanding record of the City of Bakersfield in holding the line on taxes in a time of inflation. Bakersfield, California, November 5, 1973 - Page 2 Upon (d) and (e) of roll call: Ayes: Correspondence. Upon a motion by Councilman Heisey, communication from Mr. and Mrs. Frank Collin, former Bakersfield Fire Department employee, expressing appreciation for the recent action by the City Council in approving cost of living allowances for retired employees, was received and ordered placed on file. Council Statements. Councilman Heisey stated he had been advised by his appointee, Mrs. Kathryn W. Balfanz, that she wishes to resign from the Citizens Auditorium-Recreation Committee, and he moved that the resignation be accepted and the Mayor be authorized to send Mrs. Balfanz a letter of commendation for her excellent service on this Committee. This motion carried unanimously. Councilman Heisey moved that Mrs. Maxine Simpson, 220 Oakbank Road, be appointed to fill the vacancy on the Citizens Auditorium-Recreation Committee, for term expiring January 3, 1975. This motion carried unanimously. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1185 to 1237, inclusive, in amount of $339,258.80 (b) Sewer Easement from Santa Anita Development Company (c) Street Easement Deed from Stockdale Development Corporation (Right of Way for portion of Wilson Road west of New Stine Road and north of Tract No. 3629) (d) Street Easement Deed from Stockdale Development Corporation (Right of Way for Armstrong Road south of District Boulevard) (e) Street Easement Deed from Stockdale Development Corporation (Right of Way for a portion of District Boulevard located approximately 1320 feet west of Stine Road) a motion by Councilman Strong, Items (a), (b), (c), the Consent Calendar, were adopted by the following Councilmen Heisey, Medders, Rogers, Strong, Thomas, Whirremote, Bleecker Noes: None Absent: None Bakersfield, California, November 5, 1973 - Page 3 Deferred Business. Upon a motion by Councilman Whirremote, Ordinance No. 2143 New Series of the Council of the City of Bakersfield adding Chapter 17.49 to Title 17 of the Municipal Code, providing for a TT Travel Trailer Park Zone and regulations therefor, was adopted by the following vote: Ayes: Noes: Absent: Councilmen Heisey, Medders., Rogers, Whirremote, Bleecker Strong, Thomas, None None This was the time set to consider adoption of an Ordi- the Council of the City of Bakersfield amending Section nance of 17.08.280 of Chapter 17.08 of Title 17 of the Municipal Code, concerning Home Occupations. Councilman Heisey stated that some people in the commu- nity are concerned about this ordinance and he asked the City Attorney how it will affect holding garage sales, sales of Avon Products, Tupperware, and similar products. Mr. Hoagland explained that this ordinance does not sub- stantially depart from the ordinance already in effect; these regu- lations merely clarify the present ordinance. This ordinance will not affect the type of sales mentioned by Councilman Heisey. There are restrictions that there can be no retail sales, customers, clients cannot be invited to come to the residence for the pur- pose of purchasing or obtaining merchandise, noise must be kept to a minimum; no displays, models or samples shall be exhibited; the structure shall not be altered to take away the appearance of a residential structure; all goods must be contained within the building so that it will not resemble a storage yard in a residen- tial area, and it must not be visible from the street, sidewalk, or alley. If a home occupation has other employees or agents, they shall not perform any work on the premises. Bakersfield, California, November 5, 1973 - Page 4 The City does not wish to restrict home occupations, but at the same time it does wish to maintain the character of the residential area in which these occupations are operating. This ordinance would prohibit the use of commercial vehicles for deliv- ery of materials to or from a home occupation. Councilman Heisey asked if this would affect the general contractor operating his business out of his home, who has a pick- up truck with his name on the side of it parked in front of his home. Mr. Hoagland stated this would not affect this type of busi- ness and markings on the operator's trucks are not forbidden. Councilman Bleecker inquired how this ordinance substan- tially varies from the existing one. Mr. Sceales, Planning Direc- tor, stated that from time to time questions have come up in his department regarding home occupation permits, and the Assistant City Attorney, Mr. Charles Leach, felt that the whole section should be revised, primarily for the purpose of clarification. It was discussed with the full Planning Commission; a committee of three was appointed which held several meetings to review the ordinance. The regulations as outlined in the new ordinance are essentially the same, except for clarification of existing regu- lations. One new section does prohibit the use of commercial vehicles for delivery to or from the premises. Mr. Sceales re- viewed other additions to the ordinance which clarify its meaning. Councilman Bleecker commented that the ordinance as it has been explained protects the homeowner, and he would be in favor of it. He doesn't think anyone in a residential area wishes to live next door to a going business where there might be a num- ber of trucks parked, or pipe, materials and equipment dropped in the yard for storage purposes. Councilman Thomas asked Mayor Hart to recognize Mr. Jack Winter, a plumbing contractor, who wished to comment on the pro- posed ordinance. Mr. Winter expressed his objections to and his inter- pretations of the proposed ordinance, section by section. He answered all questions from the Council regarding his plumbing operation. Bakersfield, California, November 5, 1973 - Page 5 Mr. Hoagland stated that the neighbors are the first to complain if they are unhappy with any home occupation; his office finds out about violators when they receive complaints; The whole purpose is not to change the character of the neighborhood but to allow contractors, such as Mr. Winter, to carry on a business in their home. Councilman Heisey commented that he has not heard any complaints from Mr. Winter's neighbors; he cannot see why it is the concern of the Council to put a man out of business who has been using his home as an office for years. Mr. Hoagland stated that the staff does not believe this particular ordinance will be restrictive on Mr. Winter, or in con- flict with his existing business. Mr. things into the ordinance that do not Council feels the ordinance should be Winter is possibly reading exist. However, if the reworded to liberalize the Home Occupation status, it can be done. Councilman Strong expressed concern relative to some pro- visions of the ordinance which he stated might hinder janitorial services using homes as headquarters. Mr. Hoagland agreed the new regulations forbid employees of a home occupation from congrega- ting at the residence of the owner or operator of any business. After additional discussion and explanation and review of the ordinance by the City Attorney, Councilman Bleecker moved adoption of Ordinance No. 2144 New Series of the Council of the City of Bakersfield amending Section 17.08.280 of Chapter 17.08 of Title 17 of the Municipal Code concerning Home Occupations. This motion carried by the following roll call vote: Ayes: Noes: Absent: Councilmen Heisey, Medders, Bleecker Councilman Strong None Rogers, Thomas, Whittemore, Bakersfield, California, November 5, 1973 - Page 6 Action was deferred from last meeting on adoption of a Resolution of the Council of the City of Bakersfield approving revisions in Route 58 Freeway Plan and authorizing amendment of executed Freeway Agreement dated February 19, 1962, covering said Freeway in the City between west City Limit at Wible and east City Limit on extension of Quantico and agreeing to accept control of certain streets. The Public Works Department had been requested to contact all property owners who would be affect- ed by any revisions and make a report to the Council. City Manager Bergen stated that Public Works Department has been unable to contact the owners to date, primarily because they did not have a list of the owners. This list is being com- piled with the help of the Division of Highways, and Public Works will begin contacting owners on Tuesday, November 6, 1973. A representative of the Division of Highways will hold a meeting in the City Hall at 10:30 A.M., Thursday, November 8, and all officials and those property owners who are adjacent to the re- alignment are invited to attend. This does not negate the fact that the Department of Public Works will contact all property owners and request a representative of the Division of Highways to be present at the next Council meeting when this matter will be placed back on the agenda. Councilman Bleecker moved that action on adopting the proposed resolution be deferred for one week, which carried unan- imously. Approval of Signal Maintenance Agreement between the City of Bakersfield and the County of Kern. Upon a motion by Councilman Bleecker, agreement with the County of Kern for traffic signal operation maintenance at the intersection of Chester Avenue and 34th Street was approved, and the Mayor was authorized to execute same. Acceptance of Deed from Guimarra Bros. Fruit Co. for property at the Sanitary Landfill. Upon a motion by Councilman Rogers, Deed from Giamarra Bros. Fruit Company for property at the Sanitary Landfill was accepted. Bakersfield, California, November 5, 1973 - Page 7 Mayor authorized to execute Quitclaim Deeds to Jack Jost and Bonnie Jost for property at the Sanitary Landfill. Upon a motion by Councilman Rogers, the Mayor was author- ized to execute quitclaim Deeds to Jack Jost and Bonnie Jost for property at the Sanitary Landfill. Hearings. This is the time set for public hearing on application of Doug Minner to amend the zoning boundaries from an R-3-D (Limi- ted Multiple Family Dwelling - Architectural Design) Zone to a C-O-D (Professional Office - Architectural Design) or more restric- tive, Zone, of that certain property commonly known as 3200 21st Street. This hearing has been duly advertised and the property posted. The property owners have been notified as required by ordinance. Subject property is developed with a five-story, seven- unit apartment building. The applicant proposes to operate the existing building for professional and commercial offices, together with the rental of residential apartments. The owner plans to reside in the penthouse apartment. An EIR Assessment, negative in declaration, was filed with the County Clerk and posted in the City Hall on October 4, 1973. The Planning Commission was of the opinion the proposed professional and commercial office zoning of subject property would be compatible with the existing zoning and development of adjacent properties and would not be in conflict with the general arrange- ment of land uses as depicted in the Land Use Element of the General Plan, and approved the zoning as advertised. Mayor Hart declared the hearing open for public partici- pation and asked if there was anyone present who wished to express opposition to the proposed rezoning of this property. Mr. James Stewart, attorney, who stated he was repre- senting Mrs. Eleanor Macdonald and Mr. Anthony Anich, tenants now Bakersfield, California, November 5, 1973 - Page 8 living in the subject apartment building, stated he was appearing in opposition but requested the Council to defer action until his clients have had sufficient time to further review the proposal in order to express their opposition to the Council at a later time. At the Planning Commission hearing, it was brought out that the neighbors had been contacted and at least nine of them had approved the proposed zone change. At the time the signatures to the application were obtained, the deed contained a restrictive clause that the property could not be transferred or used for any purpose other than residential for a period of ten years. He asked the Council to defer action for a period of two weeks to allow his clients to ascertain what the true situation is, because if the ordinance is adopted before his clients have had the oppor- tunity to look into the matter, they will have to live with it. These tenants have made many improvements in their apartments, and by the terms of the lease these improvements such as carpet- ing, drapes, etc. will revert to the landlord, if the leases are not honored. He is not going to argue against the ordinance to- night; he is only asking that the hearing be continued for two weeks. Mr. Doug Minner, Realtor, and obtained the signatures of nine cation; however, one gentleman has asked that his signature be re- moved from the petition. These people reside within the area. Mr. Sneed, President of Dynasonics Corporation, plans to bring a new industry into Bakersfield and is purchasing the building for use as headquarters for his development firm. He plans to live in the penthouse apartment and lease out the other apartments. He is as concerned with the security and privacy as the tenants currently' leasing apartments in the building. Mr. Eugene F. Reid, executor of the estate of the late E. C. Reid who built the building and occupied the penthouse until his death in 1971, stated that as the executor of the estate he has the obligation to attempt to do something with the property. stated that he had contacted persons who approved the appli-- Bakersfield, California, November 5, 1973 - Page 9 He stated that his loss was,$24,000 on the building last year. He would like to see it remain a beautiful apartment dwelling, but does not think it is incumbent upon his father's estate to subsidize this building as an apartment dwelling. The question has come up about honoring the leases, and he stated that the leases will be honored; there is a contractural obligation. Mr. Kenneth Byrum, attorney, stated that both Mr. Reid and Mr. Sneed were served with a complaint today which was filed in Superior Court by the two tenants now residing in the building. They are asking for Declaratory Release with respect to a number of items contained in their leases. As has been pointed out by Mr. Reid, the leases will be honored. Mr. Gary Friedman, attorney, representing Mr. J. R. Sneed of Dynasonics Corporation, stated that this corporation has acquired this beautiful building for the purpose of having a cor- porate headquarters on the west coast. He can vouch for the fact that they will be honoring existing leases. This is going to be a prestige office building and should present no problem to the existing tenants. Councilman Whittemore commented that he has heard sev- eral references to the security of the building and also to the privacy of the recreational facilities, such as the swimming pool, and he asked if the security will be maintained at the present high level. Mr. Friedman assured him that adequate security will be maintained and provided, the same as it is now, and the pool will retain its present privacy. Mr. Joe Cadella, who resides at 2600 - 21st Street, stated he was not present to object to the rezoning of the build- ing but would like to have an explanation on the plans for the use of the building. Councilman Bleecker stated that this building could be used for any use permitted in an R-l, R-2 or R-3 zone, such as commercial and professional offices of any type, excluding retail sales of any product. Uses which would be permitted subject to the Planning Commission approval could be a bank, savings and loan Bakersfield, California, November 5, 1973 - Page 10 company, title insurance company, etc. Mr. Cadella said it is an attractive neighborhood and some serious thought should be given before altering or eroding the area. Mr. Minner stated the property is available for lease. If people wish to reside there, they will be welcome. One suite of offices will be used as headquarters for the Dynasonics Cor- poration. Other portions of the building will be leased as offices; the rents that these offices will command will necessarily make them prestige suites of offices. Councilman Bleecker stated he had spent some time talk- ing to Mr. Minner and to Mr. Sneed and also to the present tenants and their attorney; hopefully, with the idea that some type of amicable solution could have been worked out before this evening. It is important that the character of the neighborhood be retained as much as possible, and that the present tenants should be af- forded all the privacy that they have had up to this time. If the zoning is changed, there would be nothing to prohibit the changing of the interior, the configuration of the building; the rather large and spacious apartments could be cut up into smaller offices and apartments to be offered for rent. Mr. Stewart stated that he thinks Mr, Bleecker's comments are well taken and he feels that a decision should be delayed in order for both sides to get together so that the security and rights of the tenants now living in the building are not violated. Mr. J. R. Sneed, president of Dynasonics Corporation, addressed the Council, stating that he has talked to the present tenants and attempted to dispel any rumors which had been circu- lated regarding his plans for operating the building. He has told them that he is very happy to have them leasing the apartments, as the way the building stands now he is losing money. Since he has been served with a lawsuit, filed by these tenants in Superior Court, he has nothing more to say to the tenants; anything else can be said in court. Bakersfield, California, November 5, 1973 - Page 11 Councilman Rogers asked Mr. Sneed how many employees would be working in the Dynasonics Corporation office in the building, and Mr. Sneed stated there would be four. He said that in order to break even, each one of the suites in the building must bring in slightly over $1700 a month. The type of company going in there has to be opening executive offices where the pres-. tige is important and the money is not; therefore, he does not feel that very many companies can afford to lease space in the building. It cannot be used for medical offices as the water facilities are not set up for that purpose. The number of em- ployees in any office will be very limited. Mr. Kenneth Bates, attorney, stated his firm represen- ted the estate of E. C. Reid and he would like the Council to keep in mind that there is a suit pending in Kern County Superior Court to determine the rights of the tenants currently leasing the build- ing and any act of this Council cannot take away, affect or alter the rights of the tenants under the lease. There has been no suf- ficient showing for a two week continuance because the rezoning does not have a thing to do with the rights of the tenants; the question that the Council has to decide does not involve the tenants. Mayor Hart declared the public portion of the hearing closed and returned to the Council for comment and action. It was determined that a majority of the property owners within the 300 foot radius of the proposed rezoning had signed approving the application. Councilman Rogers stated he would like to emphasize that the Council would like to protect the rights of the tenants, but there is the question of the owner's property rights, which is a very basic and important right according to the Constitution. This should be kept in mind when a decision is made. Councilman Bleecker agreed but he feels the decision should be delayed.in order to permit both sides to get together and work out an amicable agreement. He then made a motion that this matter be held over for two weeks. Bakersfield, California, November 5, 1973 - Page 12 Councilman Thomas commented that the attorneys are on record as stating that the tenants' rights will not be violated, and he would therefore vote to grant the rezoning. Councilman Heisey stated that he does not think it is unreasonable to grant a delay; if Councilman Bleecker will amend his motion to delay the matter for one week, he will support it. Councilman Whittemore stated he can't see where any- thing will be accomplished to continue the hearing; the tenants' rights will be determined in Superior Court and the Council should not be concerned with anything but the rezoning. Councilman Bleecker amended his motion to continue the hearing for one week. Vote taken on this motion by the Ayes: Bleecker Noes: following roll call: Councilmen Heisey, Medders, failed to carry Absent: Councilmen Rogers, Strong, Thomas, Whittemore None Councilman Whittemore moved that Ordinance No. 2143 New Series amending Title 17 of the Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakers- field commonly known as 3200 - 21st Street, be adopted. Councilman Bleecker stated he would object to the re- zoning of this property for a number of reasons. If a tenant en- ters into a lease in good faith, he should be able to depend upon the validity of that lease in every respect until its termination. The new owner has indicated here tonight the type of tenants he would like to have, but there has been no indication of any agree- ment not to change the internal configuration of the building. If this building were vacant and if there were no objections from the neighborhood, an ordinance change might be appropriate, but he would oppose it at this time, as he thinks the Council should give it more thought before making any changes. Councilman Rogers pointed out that Mr. Sneed in front of the Council has stated that he intends to honor the tenants' leases in every respect and that none of their present rights will Bakersfield, California, November 5, 1973 - Page 13 Ayes: Noes: Absent: be infringed upon. He, for one, wishes to give Mr. Sneed the chance to do what he has said he will do. The tenants have ample protection, and he can see no reason to defer action on the re- zoning. Vote taken on Councilman Whittemore's motion to adopt the Ordinance carried by the following roll call: Councilmen Heisey, Medders, Rogers, Strong, Thomas, Whittemore Councilman Bleecker None Adjournment. There being no further business to come before the Coun- cil, upon a motion by Councilman Whittemore the meeting was adjourned at 10:18"PC~~. MAYOR of the City of Bakersfield, Calif. ATTEST: MARIAN S. IRVIN ~ CITY CLERK and Ex-Officio Clerk of the Council of the City of Bakersfield, California 3O Bakersfield, California, November 12, 1973 - Page 1 Present: Absent: Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., November 12, 1973. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Walter Heisey. The City Clerk called the roll as follows: Mayor Hart. Councilmen Medders, Rogers, Strong, None Minutes of Thomas, Whittemore, Bleecker, Heisey the regular meeting of November 5, 1973 were approved as presented. Administrative Assistant students who will be participating officers of Lincoln Council meeting. Richard Russell introduced the in the nineteenth annual Teenage. Government Day on Wednesday, November 14, 1973. Mayor Hart welcomed the student counterparts for the Office of Mayor and the members of the Council, who were present at the Council meeting. Mayor Hart acknowledged the presence of the student body Junior High School who were observing the Scheduled Public Statements. Mr. Eric Smith, member of the Committee for Friends of Jim Mills, advised the Council of the proposed Cross-County MIA Freedom Run which will commence with a patriotic rally at Valley Plaza on November 15, 1973 at 11:45 A.M. A 40-man relay of POW's, athletes, coaches, political representatives, civic officials, friends of Jim Mills and concerned citizens will participate in the rally and pass the American flag in the relay. He stated that Councilman Heisey will be participating in the run, and the anchor man will make the final presentation of the flag to Mayor Don Hart at the City Hall. He urged the Council to adopt a proposed Resolu- tion to focus attention on the fact that, in the name of humanity, this country must obtain the fullest possible accounting of its MIA"s. Upon a motion by Councilman Heisey, Resolution of the City Council pertaining to the National Run for Freedom - MIA, as submitted by Bakersfield, California, November 12, 1973 - Page 31 Mr. Smith, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Strong, Thomas, Whirremote, Bleecker, Heisey Noes: None Absent: None Correspondence. The City Clerk read a telegram dated November 8, 1973 from President Richard Nixon addressed to Mayor Donald M. Hart, stating that in his message to the nation on the energy outlook, he indicated the kinds of action that the federal government will be taking to achieve this country's national goals. One measure which he has taken by presidential directire, is to order that no federal vehicle shall be operated at speeds over 50 miles per hour except in case of emergency and he is asking that: cities, states and public agencies do likewise. He is asking Congress for emergency powers which will include authority to reduce the automobile speed limit to 50 miles per hour on all interstate highways. The City Clerk then read a Mailgram dated November 9, 1973 from President Richard Nixon addressed to Mayor Donald M. Hart which referred to his previous telegram, stating that he is writing again to recommend more specific actions that should be taken in order to solve a vital national problem, the shortage of energy, and asking that the city consider taking the following steps: Thermostats in office buildings be reduced to a level between 65-68 degrees, the same standard being set for federal offices Working hours for municipal employees be staggered Unnecessary lighting be curbed in homes and offices Greater use be made of mass transit and carpooling School schedules be altered, holding more classes during the spring and summer months Vehicles under the City's jurisdiction be restricted to speeds not to exceed 50 miles per hour Legislative action is needed to reduce speed limits on all major highways to 50 miles per hour. The strict pollution control laws enacted in many states should be relaxed on a temporary, case-by-case basis to balance energy and environmental interests. Bakersfield, California, November 12, 1973 - Page 3 Other activities within intrastate commerce should also be examined. He has written to the Governor of this state appealing for such action. Finally, and most indispensably, he is asking for the highest quality of leadership from every single person holding executive office. Throughout America the spirit of sacrifice must match the magnitude of its problems. That spirit is within every American and with positive and vigorous leadership, the best in everyone can be brought out. The Country can pull together not only to overcome the immediate energy crisis but to reach the eventual goal of becoming self-sufficient in energy. As the City moves forward, he would be highly appreciative if the Mayor would keep him personally informed on the City's progress. The action taken in the weeks ahead can be crucial, and they can serve as both an incentive and an inspiration for others. Councilman Rogers made the following statement: Today, I read an article that quotes an independent oil man in Houston, Texas as follows: We are not so much in an energy crisis today, as we are in a stupidity crisis. We have oil and gas on the north slope of Alaska, gas in the Rocky Mountains, reserves off-shore that can't be produced without government permission. The fact is that potentially this country has oil and gas coming out of its ears and there is no way to get to it all be- cause of the government's stupidity. Councilman Rogers went on to say - "I do not believe that the government is stupid, I believe that they know exactly what they are doing and are extremely clever in doing it. The government has created the energy shortage problem. Now the government is proposing more laws and regulations to solve the problem that the country would not have if government had not created it in the first place. Wage and price control is people control. Thermostat control is people control. Gas rationing is people control. When you have total people control, you have dictatorship. By passing new laws to correct this energy problem, the United States Congress is leading this country deeper into total dictatorship as outlined in Presidenl~ Nixoh'S Executive Order No. 11490. This order authorizes the complete Bakersfield, California, November 12, 1973 - Page 4 33 takeover by government of every facet of life in the United States. We are faced with the same old pattern, a choice between two evils. If the Council votes "Yes" to support President Nixoh's request, we surrender more of our precious freedom. If we vote "No", then we appear to be in favor of wasting energy and obdurate to the bes~ interests of our country." Councilman Bleecker stated, "I didn't expect to see the day when I would have to oppose a special request made by the President o£ the United States. In his message which was read here tonight, he speaks of our cooperation in the highest quality of leadership. I think we need a higher quality of leadership in the White House, and I say that as a registered Republican. "There has been a lot of talk about gas rationing. Along these same lines, as a trial balloon, there has been talk of a 40~ a gallon tax, perhaps in lieu of gas rationing. The idea being that those people in the extremely low income bracket in this country would some way or another be relieved of paying this 40~ tax and also that business could charge it off. What that does is it leaves all of us in the middle, most of whom work for somebody else, to pay this 40~ a gallon tax, osfensibly, with the idea that the tax would go for research on environmental control or something of that nature. I am opposed to the rationing because I do not believe it is necess~ary. I am unalterably opposed to the 40~ per gallon tax, because I think it would unnecessarily take away from all those people in this coun- try who pay 85% right now of the federal income tax that is ex- tracted from them every year, most of which goes for a bunch of foolishness. This energy crisis was caused to some degree by the fact that the liberals and the left-wingers on both sides of the aisle in the Congress of the United SEates, have been making an effort and have succeeded to some extent over the years to eliminate or seriously crush, the depletion allowance that oil companies stand on in order to further their explorations. There cannot be enough fuel in this country from the standpoint of oil and gas if exploration is disturbed. It has been disturbed to a very large 34 Bakersfield, California, November 12, 1973 - Page 5 degree and this is one reason why the crisis is upon us at this time. "To acquiesce in this matter upon a request even from the President of the United States, is unnecessary. I believe that we should wait and see whether or not these trial balloons will land somewhere and whether or not gas rafioning will be im- minent. I want to know primarily as a citizen whether or not we are going to have gas rationing, instead of somebody in Washington telling us that perhaps after the first next spring, we may have gas rationing. when the people of this country are all of the year or some time This is not a time of war behind a concerted effort to win some kind of a conflict and must suffer because of rationing. It is a political issue that I believe is ill-founded, and I would certainly oppose it as it is presented to us tonight." Councilman Rogers stated, "I move that Mayor Don Hart of Bakersfield send a letter in reply to President Nixoh's telegrams saying that the Bakersfield City Council is deeply concerned with the rapid erosion of the freedom of the American people. We re- cognize that thermostat control is people control, that gasoline rationing is people control, that automobile speed control is people control, that wage and price control is people control. We are tired of being asked to give up more of our freedom to solve the problem created by our own government and further, that we are con- vinced that the solution to the energy shortage problem and other shortage problems, will begin as soon as government removes the straight jacket of controls from the American economy. Then the law of supply and demand and the American free enterprise system will work its magic and provide the atmosphere for the abundant life that has made our nation the envy of the entire world." Mayor Hart stated that when he received the first tele- gram he concurred with it, only in the sense that any vehicle operated by city personnel, with the exception of emergency vehicles, shouldn't be traveling §0 miles an hour, besides conserving energy in order to save the taxpayers' money. Restricting the speed limit Bakersfield, California, November 12, 1973 - Page 6 35 to the 50 mile limitation would be well within the Council's area of authority, but he cannot concur with the other requests. Councilman Bleecker stated that he would seriously ask the Council not to concur with any of the requests made by the President of the Unifed States at this time. The 50 mile an hour speed limit is a moot question as only emergency vehicles operate at speeds which exceed the speed limits of the City. If the Mayor has taken it upon himself to concur with the requests without con- sulting the City Council, he possibly will have to retract it through an order of the Council. Mayor Hart stated that he had said he favored only the request to lower the speed limit to 50 miles an hour, he has not communicated with Mr. Nixon on anything for some time. Councilman Heisey agreed with Councilman Rogers that oil drilling could be done on the north slope, off-shore and also in the Rockies. Nevertheless, if is a fact that an energy shortage exists, a very severe one. Furthermore, he personally intends to support his presi- dent as long as he is president. To just come out and arbitrarily say that he is opposed to anything the president wants to say, is not in his make-up. Due to his 30 years in the Navy, he feels that leadership comes from the top and as long as the President asks for something, he feels an obligation to supply that service to him. He would like a week to consider Councilman Roger's motion which he would support if if is not a direct slap at the President of the United States. If it is simply a matter of pointing up the fact that there is energy that needs to be developed by the free enterprise system, he is all for that, because he knows free enter- prise can produce that energy and fulfill the country's needs, if the government would get out of the way and give them the go-ahead to develop. Councilman Heisey then offered a substitute motion that action be deferred for one week on this motion and that the City Clerk mail out copies of Councilman Rogers' motion with the next agenda for consideration of the Council. 36 Bakersfield, California, November 12, 1973 - Page 7 Councilman Rogers stated he certainly had no objection to giving Councilman Heisey and everyone else on the Council the time they feel they need to decide whether or not they want to support the motion he just made. He told Councilman Heisey that he did not intend his motion as a direct slap at President Nixon, but it is only a form of rebuttal to government policy that has been going on for the last 20 or 30 years. He, too, is happy to support a Presi-- dent as long as he doesn't feel that the president or some of his administration is stripping away his freedoms one by one. When that happens, he can't feel that he can support him any longer and he is ready to do what he can to oppose the erosion of his freedom. Vote taken on the substitute motion carried as follows: Ayes: Councilmen Medders, Rogers, Strong, Thomas, Whittemore, Bleecker, Heisey Noes: None Absent: None Council Statements. Mayor Hart announced his appointment of Reverend Daniel DeDominicias of Our Lady of Guadalupe Church, as a member of the Citizens Advisory Committee for the California Park Neighborhood Facility, to fill the vacancy created by the resignation of Mr. Fidel Raya. Councilman Medders issued the following statement: Just a few comments regarding the failure of Proposition No. 1 at the election of November 6, 1973. This is not a sour grapes attitude because I believe that a majority of the people who vote have the right to make such decisions and whether I agree with it or not makes no difference. To get to the crux of the matter, this tax limitation proposal was, to my knowledge, the first of its kind to be voted on in California. I firmly believe that because of its failure, some of the State level representatives may very well have the idea that they have been given a license to spend. With elections coming up on a state-wide basis next year, I think it is incumbent upon the citizens of this area, and for that matter, of this State, to carefully scrutinize the money bills that are going through the legislative process to ascertain which bills are pet projects of legislators, designed to win votes in the 1974 elections. Once 37 Bakersfield, California, November 19~, 1973 -Page 8 determined, the citizens, including myself, should get in touch with our legislators and let them know what our feelings are. Another inherent danger stemming from this election, is the idea that some of the opposition has espoused. This idea being that the next step is to close the so-called loopholes that corporations enjoy, including the oil depletion allowance. My feeling is once this is accomplished, the cost will just be passed on to the consumer. So in effect, the State will grab off more spending money, the corporations will advance prices to offset the changes, and the public will pick up the tab. As I said before, this is not a sour grapes attitude, but at this point we might have been better off if Proposition No. 1 had never been. Reports. Upon a motion by Councilman Thomas, letter from Elmer Fox & Company stating that they have completed examination of the accounts and records of the City of Bakersfield for the 1972-73 year, was received and ordered placed on file. Councilman Robert Whittemore, chairman of the Business Development and Parking Committee, read the following report on the subject of Parking Time Limit Change in Downtown Mall: The Parking and Traffic Committee of the Downtown Business Association has brought to the attention of this Committee their concern with parking violations in the downtown area. Apparently the problem is that the present two-hour time limit accommodates the downtown employees who move their cars at coffee breaks in the morning and afternoons and during their lunch hour. After evaluating this problem it is the opinion of this Committee that reducing the two-hour time limit to 90 minutes will help eliminate this problem and still provide adequate time for those who do business in the downtown area. The Police Department has ad- vised that this change can be made with relatively few problems and at a minor cost. The Committee recommends that the Council instruct the staff to make these necessary changes as soon as possible. Upon a motion by Councilman Whittemore, the report was adopted. 38 Bakersfield, California, November 12, 1973 Page 9 Councilman Robert Whittemore, Chairman of the Business Development and Parking Committee, read the following report on the Subject of Clarification of Business Licenses and Insurance Agents: The Business Development and Parking Committee has reviewed the City's procedures for licensing insurance agents and securities dealers. After a thorough evaluation of this matter with the staff and local insurance managers, the Committee found that insurance agents are exempted by State Law from paying a City business license tax on the insurance portion of their business, including the sale of annuities. They are, however, subject to paying a securities dealer's business license tax on the sale of mutual funds or investment plans other than annuities and insurance. It appears that a clarification of a City Administrative rule is necessary in order to clearly specify for the public that the National Association of Security Dealers Licensed Principals are to be billed for a business license tax in the same manner as a principal agent of other security dealers, and that the registered repre- sentatives of such licensed principal are not to be billed. The staff has assured the Committee that this clarifica- tion will be accomplished in the Administrative Rules and Regulations. Upon a motion by Councilman Whittemore, the report was adopted. Councilman Robert Whirremote, chairman of the Business Development and Parking Committee read the following report on the subject of Proposed Change in Downtown Improvement District Ordinance: It has been brought to the attention of this Committee by the staff, the Downtown Business Association, and the City's Business License Appeals Board, that there are a limited number of businesses within the Downtown Improvement District which due to a lack of revenue, cannot afford to pay the Downtown Improvement District tax. Because of such hardship cases, this Committee is recommending that any retail businesses within the Downtown Improvement District whose City business license tax is computed upon gross receipts, and whose gross income for one year is less than $10,000, and whose net profits before owners salary, are less than $5,000, shall be placed in a special category of paying $5.00 per year improvement district tax. It is recommended that ordinance adding Paragraph 5 to subdivision B of Section 6.50.050 of Title VI of the Municipal Code establishing Class 5 businesses in the Improvement District be approved, retroactive to July 1, 1973, and that this be considered first reading of the Ordinance. Upon a motion by Councilman Whirremote, the report was adopted. Bakersfield, California, November 12, 1973 - Page 10 39 Councilman Robert Whirremote, Chairman of the Business Development and Parking Committee, read the following report on the subject of Downtown Improvement District Taxes and Securities Dealers: Some time ago Mr. Nathan Krevitz addressed the Council in regard to taxation of businesses within the Downtown Improvement District. It was his contention that he was being placed in jeopardy of losing his license as a securities dealer if he participated in this Improve- ment District. This committee has looked into this matter and found that a letter from the National Association of Secur- ities Dealers had been received in February, 1973 by Mr. Ivo Keyset, who was then the Executive Director of the Downtown Business Association. This letter explained that there are no association rules or regulations which would specifically prohibit a member of this association from paying lawful taxes. Based on this letter, it is the opinion of this Com- mittee that there is no basis for Mr. Krevitz's com- plaint. If he still feels that his payment of this tax would violate the rules and policies of the Business Development and Parking Committee, he should communicate directly with this association indicating the basis of his beliefs. Councilman Rogers stated that did not address itself to the problem. that his license was placed in jeopardy in his opinion this report Mr. Krevitz did not claim for paying the Downtown Improvement District taxes but claimed that to receive any meaning-. ful benefits from the Downtown Improvement District promotions, his name or company's name should receive exposure. If this exposure is included in the promotions of the Downtown Improvement District, then these promotions must be approved by the National Association of Securities Dealers beforehand or Mr. Krevitz is in violation of the rules of this association and then his license is in jeopardy. Councilman Rogers stated that he understands arrangements have been made to furnish Mr. Krevitz with the list of names of members of the Downtown Improvement District. Councilman Bleecker stated he doesn't receive meaningful benefit from many of the taxes he pays. This Council may be faced some time in the future with the decision of whether or not it feels that the District serves the purpose for those who are in business in the downtown area and for the people of the City of Bakersfield. 4O Bakersfield, California, November 12, 1973 - Page 11 To exclude certain people from paying the tax from whatever vague reasons might be presented, is wrong. Mr. Krevitz has had his day in court on the various issues that he has brought before the Council. He understands it is Mr. Krevitz's intention to contact all the people listed as members of the downtown improvement dis- trict and to ask them whether or not they think the improvement district benefits them. If it would appear that a very large number of the business people downtown feel that the improvement district has not been beneficial to them, the Council can take another look at it. Upon a motion by Councilman Whirremote, the report was adopted, with Councilman Rogers voting in the negative, as he did not feel that it solved the problem. Councilman Don Thomas, Chairman of the Inter-Governmental Relations Committee, read the following report on the Subject of Request from City of Petaluma for Legal Financial Support: On September 17, 1973, the City of Bakersfield received a request from the Mayor of Petaluma regarding support of that City's limited growth plan. This plan involves a great many elements, but the essential feature is a limitation on the number of residential units that may be constructed in that city each year. A suit has been filed against the City of Petaluma in the federal district court on this matter, and Petaluma is solicit- ing the support of cities, counties, etc., in California to help defray any legal expenses they will incur, their thought being that the results of this court action will be of benefit to all public agencies in the state of California. The City Council referred this matter to the Inter- Governmental Relations Committee for further considera- tion and it is the feeling of this Committee that this is a local matter in the metropolitan areas of the State and should not involve the City of Bakersfield. It is recommended that the City Council take no stance in this matter. Upon a motion by Councilman Thomas, the report was adopted. Councilman Don Thomas, Chairman of the Inter-Governmental Relations Committee, read the following report on the subject of Appointment of Member to the California Council on Criminal Justice: The Central California Criminal Justice Planning Board recently sent a letter to the City Council requesting our support of Mr. Aubrey M. Lumley, Jr. as a possible appointment to the California Council on Criminal Justice. Bakersfield, California, November 12, 1973 - Page 12 41 This Committee has looked info this request and has found that Mr. Lumley is a Councilman and former Mayor of the City of Porterville. He has served as a justice court judge and is presently a member of the Central California Criminal Justice Planning Board. He is highly respected by cities throughout Central California and the Committee recommends that the City Council instruct the Mayor to submit the name of Mr. Aubrey M. Lumley, Jr. as a member for the California Council on Criminal Justice to the Governor, the Chairman of the Senate Rules Committee, and the Speaker of the Assembly, as these are the appointing authorities to the Criminal Justice Council. Upon a motion by Councilman Thomas, the report was adopted. Councilman Medders pointed out that the communication from Elmer Fox & Company, outside auditors, should have been referred to the Budget Review and Finance Committee, and moved that the report be referred to this Committee for review and report back to the Council, which motion carried unanimously. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1238 to 1320, inclusive, in amount of $61,879.86. (b) Claim from Beryel E. White for Destruction of Personal Property (Refer to the City Attorney) (c) Adoption of Resolution No. 92-73 of the Council of the City of Bakersfield making finding that Tentative Tract 3598, Units B, C & D (Revised), together with provisions for its design and improvement, is consistent with applicable general and specific plans. This tentative tract is located on the south side of Ming Avenue, Southerly Addition to Tract 3598 A, and east of Ashe Road (d) Street right of way Deeds from Marie Carter, Jesse L. and Lila Asbury and R. E. and Nora M. Cotton (e) Plans and Specifications for Resurfacing Portions of Bucknell Street, Fremont Street, "N" Street and Beale Avenue (f) Application for Encroachment Permit from Kern Community College District (g) Application for Encroachment Permit from R. E. Cotton, 3230 "Q" Street (h) Notice of Completion for Improvement of East Truxtun Avenue from Sonora Street to Tulare Street Upon a motion by Councilman Strong, Items (a), (b), (c), (d), (e), (f), (g) and (h) of the Consent Calendar were adopted by the following vote: Bakersfield, California, November 12, 1973 - Page 13 Ayes: Councilmen Medders, Bleecker, Noes: None Absent: None After Rogers, Strong, Thomas, Whittemore, Heisey Action on Bids. discussion, upon a motion by Councilman Strong, Paying Agent Agreement with Crocker National Bank for outstanding City of Bakersfield bond issues were approved, all other bids were rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, bid of George Simpson Dodge Company for two-four wheel drive Cab and Chassis for Fire Department was accepted and all other bids were rejected. Upon a motion by Councilman Medders, six ½ ton pickups were awarded to Haberfelde Ford, one 3/4 ton cab and chassis, one 15,5000 GVW cab and chassis and two Luv pickups were awarded to Three Way Chevrolet, one 21,000 GVW cab and chassis were awarded to George Simpson Dodge Company, and all other bids were rejected. This equipment was purchased for the Public Works Department. Upon a motion by Councilman Strong, the Council dispensed with bidding requirements and awarded the bid for folding chairs for the California Park Neighborhood Facility to the only vendor, Sierra School Equipment Company. Upon a motion by Councilman Thomas, bid of American La France for 1500 GPM Fire Pumper was accepted and the other bid was rejected. Upon a motion by Councilman Heisey, one ton van and ½ ton pickup were awarded to Haberfelde Ford, the four wheel drive station wagon was awarded to Bill Wright Toyota, and all other bids were rejected. This equipment was purchased for the Police Department. Deferred Business. Councilman Heisey advised that a meeting was held in the City Hall on Thursday, November 8, 1973, attended by Councilman Thomas and himself, and all affected persons who had been contacted by the Public Works Department, to explain the proposed revisions in Route 58 Freeway Plan. Representatives from the State Division Bakersfield, California, November 12, 1973 - Page 14 43 of Highways and Commissioner Ken Vetter of the California Highway Commission were also present. The revisions were gone over in great detail and all questions were answered. None of the citizens present had any opposition to the project, and Councilman Heisey stated that no criticism whatsoever had been submitted to him regarding the proposed revisions. Upon a motion by Councilman Heisey, Resolution No. 96-73 of the Council of the City of Bakersfield approving Revisions in Route 58 Freeway Plan authorizing amendment of executed Freeway Agreement dated February 19, 1962, covering said Freeway in the City between West City Limit at Wible and East City Limit on control of certain Quantico and agreeing to accept adopted by the following vote: Councilmen Medders, Rogers, Strong, Bleecker, Heisey Extension of streets, was Ayes: Noes: None Absent: None Thomas, Whittemore, Adoption of Resolution No. 97-73 of the City of Bakersfield determining disability of Lazarus P. Beck under Section 21023.6 of the Government Code, a Section of the Public Employees' Retirement Law of the State of California. Upon a motion by Councilman Thomas, Resolution No. 97-73 of the Council of the City of Bakersfield determining disability of Lazarus P. Beck under Section 21023.6 of the Government Code, a Section of the Public Employees' Retirement Law of the State of California, was adopted by the following vote: Ayes: Councilmen Medders, Rogers, Strong, Thomas, Whittemore, Bleecker, Heisey Noes: None Absent: None Governmental Efficiency and Personnel Committee requested to study and report back to the Council re: appointment of Committee to determine retirement dis- ability for safety members. Councilman Bleecker commented that in his opinion the Council should consider the establishment of a special committee or board to determine retirement disability for safety members of 44 Bakersfield, California, November 12, 1973 - Page 15 the City, and moved that the matter be referred to the Governmental Efficiency and Personnel Committee for study and report back to the Council. Councilman Heisey pointed out that no matter what the Committee recommends, the whole Council will have to make the ultimate decision. He suggested that a group with expertise, in- cluding someone with insurance experience, should be appointed to study these cases. Councilman Bleecker stated that perhaps the Board should be composed of member of the staff, a medical doctor and a Councilman, if he wishes to serve. After further discussion, vote taken on the motion carried unanimously. Adoption of Resolution No. 93-73 of the Council of the City of Bakersfield making Findings and Determinations that owners of more than 60% of area within boundaries of proposed Public Improvement District No. 894 have signed written petition for specified improvements, etc. Councilman Strong stated he is very happy that the people in his ward have taken the necessary steps to improve their area by asking the Council to form a special improvement district, but he thinks they should be aware of the facts and in this connection he asked Public Works Director Bidwell if the Council adopts the proposed resolution does it impose any financial obligation on the people in the district prior to them receiving an estimate of the cost from the City Engineer. Mr. Bidwell stated it would not place a financial obliga- tion on the people in the area. City Attorney Hoagland explained that at some point after the plans are prepared, the Council will hold hearings and at that time the estimated cost and the actual cost will be submitted to the people in the proposed improvement district. These are matters of public hearing at which time the property owners themselves may wish to discontinue the improvement district if it is beyond their financial means to fulfill their part of the obligation. Councilman Strong moved adoption of Resolution No. 93-73 of the Council of the City of Bakersfield making Findings and Bakersfield, California, November 12, 1973 - Page 16 Determinations that owners of more than 60% of area within boundaries of proposed Public Improvement District No. 894 have signed written petition for specific improvements, which was adopted by the following vote: Councilmen Medders, Rogers, Bleecker, Heisey Ayes: Noes: None Absent: None Strong, Thomas, Whittemore, Adoption of Resolution No. 94-73 ordering the preparation of Plans and Specifications, estimated cost, District Map, in the matter of the proposed Public Improvement District No. 894. Upon a motion by Councilman Strong, Resolution No. 94-73 ordering the preparation of Plans and Specifications, estimates of cost, District Map, in the matter of proposed Public Improvement District No. 894, was adopted by the following vote: Ayes: Noes: None Absent: None Councilmen Medders, Rogers, Strong, Thomas, Whittemore, Bleecker, Heisey Adoption of Resolution No. 95-73 amending Contract with the Public Employees' Retirement System. Upon a motion by Councilman Bleecker, Resolution No. 95-73 amending Contract with the Public Employees' Retirement System to exclude temporary or seasonal employees from the City's retirement plan even though some of them may occasionally exceed the six months limit, was adopted by the following vote: Ayes: Councilmen Medders, Rogers, Strong, Thomas, Whirremote, Bleecker, Heisey Noes: None Absent: None Adjournment. There being no further business to come before the 46 Bakersfield, California, November 12, 1973 - Page 17 Council, upon a motion by Councilman Whittemore, the meeting was adjourned at 9:15 P.M. Calif. ATTEST: MARIAN S. IRVIN CITY CLERK and Ex-Officio Clerk o£ the Council of the City of Bakersfield, California Bakersfield, California, November 19, 1973 - Page I Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of tlhe City Hall at eight o'clock P.M., November 19, 1973. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Richard Ober of the First Christian Church. Present: Absent: The City Clerk called the roll as follows: Mayor Hart. Councilmen Rogers, Strong, Thomas, Whirremote, Bleecker, Heisey, Medders None Minutes of the regular meeting of November approved as presented. 12, 1973 were Presentation of Plaques to Vice-Mayor Robert Whittemore. Mayor Hart asked Councilman Thomas to present Vice-Mayor Robert Whittemore with a Citation from the League of California Cil:ies for serving as member of the Board of Directors, and also with a Resolution of Commendation from the League of California Cities. Councilman Thomas accepted the plaques on behalf of Mr. Whittemore at the last meeting of the South San Joaquin Division of the League of California Cities which Mr. Whittemore was unable to attend. Correspondence. The following communications were received in the City Clerk's office relative to the Conservation of Energy: Congressman William M. Ketchum Eileen Ellison, 3333 E1 Encanto K. L. Cravens, 1400 Vanderbilt Drive Interim Order from the Public Utilities Commission Downtown Business Association on lighting the trees in the Downtown Improvement District Mrs. Aethra G. Gulde Mrs. Alice Becase 2 Petitions containing 36 names supporting the position of Councilman Don Rogers in regard to the energy crisis One petition containing 71 signatures of parents and students of the West High School E.C.O. Club stating Bakersfield, California, November 19, 1973 - Page 2 that the Christmas lights on the Truxtun Avenue should not be turned on until December 15th for only a few hours a day The Mayor's tion and one in favor Avenue. office received of lighting the trees 11 telephone calls in opposi- Christmas trees on Truxtun Upon a motion by Councilman Bleecker, all communications relative to the Conservation of Energy were received and ordered placed on file. Council Statements. Councilman Bleecker made the following statement: Last Monday night the Council received two telegrams of suggestions from the President of the United States to the Mayor with the idea that he would impart the suggestions to the Council. Some of them are not appropriate for Council action, such as those covering schools and speed limits on highways, some are appropriate. So that there will not be any misunderstanding prior to any motion that will be made, I would like the Council and the press to know where I stand generally and briefly on the energy crisis and what government and people can do. Looking over my notes, I have about four or five "noes" and about nine or ten "yeses" on what people can do and what this City Council can do on a voluntary basis to help out. I mentioned last Monday night that I was opposed to certain suggestions made by Washington regarding the imposition of a 40~ to 50~ per gallon tax on gasoline. The idea being that those in the very low income group would be in some manner not explained, excluded from paying the tax and that business would be able to charge this tax off as an expense. I think the Federal Government knows now whether or not gas rationing is in the cards and whether or not we should have it; hopefully, they will tell us promptly. Another "no" is on a suggestion that came from the Federal Government supported perhaps by the White House and perhaps by representatives and senators on both sides of the aisle, that business, and referring particularly to this City Council, use a four day work Bakersfield, California, November 19, 1973 - Page 3 49 week with staggered shifts. for this City Hall and its Another request made was a 50 mile hour speed limit limits over 35 or 40 miles are I am opposed to a four day work week employees with any staggered shifts. of this Council by the President, in the City of Bakersfield. Speed illegal now, the only place in the City of Bakersfield you can travel at speeds in excess of 50 miles an hour so far as I know, is on the State Highway that may run through the City of Bakersfield, so this request to the City of Bakersfield is not appropriate. For some time the Police Department of the City of Bakersfield in cooperation with the Sheriff's department, has had a program under way to stop crime by 'lighting the night.' I would certainly hate to see, even on a voluntary basis, any of the citizeus of this City cut off those lights that may be burning all night which help to protect you from robbers. I am opposed to any energy saving measure that would hurt the citizens of the community. Recently, I saw a newscast in which the Governor of Oklahoma made it clear that he intended, since Oklahoma is a large oil and gas producing state, to see to it that his people in his state had enough energy for their own consumption, for their busi- nesses and their industries. I would suggest that the Governor of California, the most populous state, the largest industrial state, and certainly the largest agricultural state in the United States, see to it that the people of this State have enough energy to light their homes, run their industry and their agriculture before it eve:~ gets out of the State of California. I am for the Alaskan pipeline, I think it is long overdue. It points up what can happen when it is necessary to have an ex- treme emergency to get Washington to act on something as appropriate as the Alaskan pipeline. I think it is wise that the President and his emissaries have decided to negotiate with the Arab nations to get back the 8 or 10% cut in the importation of petroleum products from those countries to the United States. We sorely need them. Perhaps a little leadership could have seen it coming all along. I think the Federal Government should provide more incentive Bakersfield, California, November 19, 1973 - Page 4 in some form to the oil companies of this country to induce them to increase domestic exploration for oil. We have been throwing road blocks in their paths for years almost making it an unprofitable venture to drill a number of dry holes in order to find one good one. We have threatened to cut out their depletion allowance, it has been reduced, and I think it is time, particularly in view of this crisis that is on us all of a sudden, that government do some- thing to increase the domestic exploration for oil. I say "yes" on the President's suggestion that in a few years we can be self-sufficient for our energy requirements, the statement he made two or three days ago in a press conference. Question: - Why aren't we self-sufficient now in our energy require-- ments. I say "yes" on turning down thermostats on a voluntary basis. I say "yes" on conserving energy at home and in City Hall on a voluntary basis. I say "yes" on some reasonable restraint regarding the burning of electricity for Christmas decorations. But I say "no" on cutting them out altogether. I say "yes" on car pools on a reasonable and voluntary basis. Lastly, we should let the President of our country know, we should let Congress know, that we expect better things from the Federal Government in the way of planning and action so that peace-time emergencies of this kind cannot happen again, so that our economy is not crushed through lack of energy, so that our people may be able to pursue freedom of movement, relaxation and recreation without being lettered, but most important of all, we must indicate to Washington that as a free people, we may not always dance to the federal fiddle, because we the people are paying the fiddler, and we should have a lot to say about the tune that is played. Councilman Heisey suggested that Item 3 (b) under Deferred Business - Action on Motion by Councilman Donald Rogers - be moved up on the Agenda, as this seems to be the subject under discussion at this time. The Council voted unanimously to discuss this item at this time. Councilman Thomas stated as follows: Bakersfield, California, November 19, 1973 - Page 5 At the last City Council meeting, a motion was made by a member of this Council which was in direct conflict with a request made for cooperation from our nation's highest office. This Coun- cilman interpreted a request for City participation and assistance in the present power crisis as an abridgment of his personal free- dom and a straitjacket of government control. A reference was also made regarding a certain magic that would give us all abundant life. First, I must say that we are the government. Popular opinion and majority rule are our government as conceived through our representatives. It is a true democracy in action, especially when mere cooperation is requested, not through legislation~ but through an appeal from our elected officials. My associate on this Council has in effect stated that the government is making us do something we do not wish to do. Irresponsible statements and re- commendations to our government by this Councilman displays a very special type of tunnel vision in which he has placed himself above the world's experts in energy and power. This is a short sighted view and we cannot afford to take a utopian and dreamy view that our planet is gifted with an endless abundance of resources. Past history has proved otherwise on every item overused. My colleague is of the opinion that the marvel and magic of the free enterprise system will provide all with abundance. Apparently the complete depletion of resources for future generations is. the only proof available for this type of thinking. We must apply logic in place of expected personal gain, and use temperance instead of irration- altry. In view of the foregoing, I would move that Mayor Don Hart of Bakersfield send a letter in reply to the President's telegrams that pledges the support of the City of Bakersfield following government recommendations to aid and alleviate the present power shortage, and that we will accomplish this goal in the spirit of voluntary sacrifice and not through legislation. We offer our cooperation in the spirit that if we all cut down a little, no one will suffer. Mayor Hart asked if this was a substitute motion for Bakersfield, California, November 19, 1973 - Page 6 Councilman Don Rogers' motion on which action was deferred from last week's meeting, and Councilman Thomas stated that it was in- tended as such. Councilman Rogers stated as follows: I realize that this subject may be outside the proper scope of the Bakersfield City Council, and perhaps we should be spending our time on City business. I am relatively new on the Council and I don't intend to lecture to anyone tonight, but I believe the people in the City of Bakersfield look to this Council for some measure of leadership. The real issue tonight is much larger than whether or not we turn off some lights. The real issue is loss of freedom. Do we continue to let government chip away our freedom little by little, one by one, or do we say "stop.". During the past week I received a lot of letters and phone calls, and I take this opportunity to say thanks to all the people who responded, both for and against my position. It may be of interest that through yesterday, 90% of the people supported my position and agreed with my stand for preserving our freedom and getting government and government controls out of the market place. Only 10% are for surrendering more of their free.- dom by embracing more government control of our lives. Government controls and bowing to demands by ecologists caused the energy shortage. We are five years behind in getting oil from the north slope of Alaska, as referred to by Councilman Bleecker. There are over a billion barrels of oil off the shores of California that have already been discovered. We know where it is, we know how much there is, but we can't get to it without government permission. Now government is asking us to accept more controls. This is like putting out a fire with gasoline. The solution to our problem is to get government and their controls out of the market place, then every product, including energy, will find its correct price. How much is a product worth? It is worth what one is willing to pay for it, no more and no less. If the price is too high and someone temporarily makes too much profit, other businessmen will begin to compete and then competition will bring the price down. If the price is too low, demand will cause a scarcity of the product and Bakersfield, California, November 19, 1973 - Page 7 53 the price will rise. But the important thing is this, choice is left to the individual as to whether or not product. The individual retains his choice. that the he buys the Councilman Bleecker remarked a while ago about gasoline rationing. When we come to gasoline rationing, the nitty-gritty is who decides who gets what. We hear arguments that if price alone controls who buys what, then the rich will not be affected, but the poor will be. There is nothing new about this, this has been true since civilization began. And those of us who are not rich, will just have to examine our priorities and buy what is most important to us. But the choice remains with the individual. Councilman Thomas mentioned a while ago about the motion that I made and the telegrams from President Nixon. If anyone on this Council wants to request that private citizens and businessmen voluntarily take action to reduce the use of energy, that's fine. But in the two telegrams that Mayor Don Hart received from President Nixon, there was nothing about voluntary action. President Nixon requested that we take action to force the people to do something. I am for conserving energy and as Councilman Heisey mentioned last week regarding us supporting the president, I believe in supporting the president. As you know I made a motion last week. A substitute motion by Mr. Heisey to defer action on my motion was passed and I supported it. At this time and tonight, I request a vote on my motion. Also I would like to add to that motion that copies be sent to United States Senator Cranston, United States Senator Tunney, United States Congressman Ketchum, Governor Ronald Reagan, State Senator Walter Stiern, State Assemblyman Nimmo and State Assemblyman Gonzales, and that a telegram instead of a letter be sent to President Nixon. Councilman Rogers repeated his motion as stated in the minutes of November 12, 1973 meeting. Councilman Heisey stated "I am glad to have Mr. Bleecker clarify his comments of last week, and I am glad to see he doesn't intend to take a slap at the President of the United States. I also 54 Bakersfield, California, November 19, 1973 - Page 8 appreciate the comments from Councilman Rogers. Both motions that have been made here tonight are good motions. In all good con- science I think most of us can support both motions, possibly with some modifications. The motion that Mr. Rogers made as an individ- ual Councilman, I can wholeheartedly support, it fits right in with my own political philosophy, as I do believe that free enterprise can solve the present emergency, but I do not believe that any of us can stick our heads in the sand and say that a shortage of energy does not exist. It has been well documented. We have been asked by the President of the United States to set an example and encourage our people to be as thrifty as they can be with energy. We have been asked by the Governor of the State of California to save energy, and he has set an example by turning off the lights on the State Capitol. We have received a letter from our Congressman, Mr. Ketchum, asking us to conserve energy and save power in what- ever manner we can in our city government and in our homes. Cer- tainly, the very least we can do is to agree with the request of the President t~twe, by example and leadership, try to conserve energy and fuel in our own community. He isn't curtailing our freedoms by demanding that we give up anything, all he is doing is asking us, will we cooperate. I would say that the motion that Councilman Rogers has made would be acceptable to me, personally, if it would begin by saying, "We, the following Councilmen, send a letter in reply to the President recognizing that thermostat contr.ol is people control, etc. and then each one of us that is so inclined could sign it. It would be then reflecting our own personal opinions. I do not believe the City should take a position endorsing the President's requests as a City, but as a City I do believe we have the responsibility to answer the President by saying we will cooperate by saving energy wherever we can within our City and that we will encourage the people of Bakersfield to save energy in their homes and in their businesses in whatever manner we can until this problem is solved. I would like to ask Councilman Rogers if he will be willing to change his motion to the effect that we as individual Councilmen Bakersfield, California, November 19, 1973 - Page 9 are asking this of our President, sign the to adopt and I would be happy to personally letter. But I don't think it is appropriate for our Council it as a proclamation of our entire City. Councilman Thomas commented that the President is not asking for legislative action by this Council tonight, he is ask- ing the Council for support voluntarily and to ask the community to cut down on the energy consumption. Councilman Rogers stated that due to the discussion he has heard, and since it was his motion in the beginning, perhaps Mr. Heisey's suggestion is wise, that rather than try to place the City Council on record as a Council, he will have a letter prepare(] in accordance with his original motion and then have all the members of the Council who will support it, sign it and it will be sent to the President. Perhaps it might be more appropriate to adopt a resolution that stated "The Bakersfield City Council supports any action by anyone, at any time, and any place, that conserves the use of energy, but the moving force behind this action should always be volunfary." Councilman Thomas asked for a point of clarification as to whether or not Councilman Rogers' motion is a regular or substi-. tute motion. Mayor Hart stated he believes that Mr. Rogers has reacted to a suggestion by Mr. Heisey that rather than have this body oppose his motion, he is willing to withdraw his original motion and pro- pose a resolution be adopted as stated. Councilman Rogers stated he would withdraw his original motion and will prepare a letter and invite all Councilmen who will support that position to sign it and then send it off. In its stead, he made the motion that the Council adopt the following Resolution: "Be it resolved that the Bakersfield City Council sup- ports any action by anyone at any time in any place, that will con- serve the use of energy, but the moving force behind this action should always be voluntary." Councilman Thomas asked if Councilman Rogers' motion is considered an original motion. If so, he would like to make a substitute motion. Bakersfield, California, November 19, 1973 - Page 10 City Attorney Hoagland stated that he would say Mr. Rogers' motion was a substitute motion for any other motion before the house and takes precedence at this time. Councilman Whirremote stated he had a few comments he would like to make. He realizes that each and every Councilman here is very sincere in everything he has said this evening relative to the energy shortage and there isn't too much in the motions made this evening which he cannot support. The language has been changed by Councilman Rogers and he thinks it is excellent. The main point in his mind is the fact that President Nixon expressed to Mayor Hart in his telegrams the same issues which he has discussed over television, nation-wide, and he believes the President relies upon the Council to act only within those spheres over which it may have control. There is nothing wrong in reducing the thermostats in the City Hall. Prior to the President's request, the City Manager had already turned out some of the lights in the hallways, and the thermo- stats have been turned down, compliance has been on a voluntary basis, there is nothing mandatory about it. He stated he is also aware and convinced from what he h~ heard that there is a critical energy shortage. The reason for that is manifold, it isn't any one individual's industry is looking for the restoration of which was reduced here several years ago. showing their resentment in not being able responsibility. The oil full depletion allowance The power companies are to build atomic energy to export their oil. not solve the problem, more stated he cannot plants in the last five years. If this is the reason, the people should not have to suffer. The suggestion was made to Secretary of Agriculture Butz today that any further exports of grain be withheld from the coun- tries that were withholding oil from the United States who have violated the contracts they have with the companies of this nation The Secretary of Agriculture stated that would it would only worsen it. Councilman Whitte- see where it would worsen the problem, the country. should use the ammunition it has to play in the game. He complimented Councilman Rogers on withdrawing a motion which would Bakersfield, California, November 19, 1973 - Page 11 57 have caused a battle on the Council floor. If every company and every citizen works together, they can prevent an energy crisis which appears to be imminent. Councilman Bleecker took exception to the Councilman Whittemore's comments that this country should withhold shipments of grain to those nations which are unfriendly to the United States in order to start the flow of oil to this country, stating that grains which are sold abroad are sold by private merchants, and are purchased from private farmers. If the thought was even entertained of cutting of exportation of grain, there would be a number of graJLn merchants out of business, there would be a number of farmers who had sold their grain at a fixed price to these merchants for export- ation purposes go out of business. Councilman Whirremote commented that he didn't want Mr. Bleecker to think that he didn't understand the economics of his grain business and he is sure that the federal government would not let the farmers suffer a tremendous loss. There are grain ware- houses for storing this grain and it would only be a temporary measure that would be needed to find a solution to the problem. The Mayor called for a roll call on Councilman Rogers' motion and the Council voted as follows: Councilman Rogers voted "aye." Councilman Strong stated he was going to have tooppose the motion primarily as he really doesn't think it says anything. This Council should provide some kind of leadership in a time when it has been documented that there is an energy crisis. It would be very nice to sit here and vote on issues the way the Council would like them to be, but the fact is that this is not always possible. He stated that he doesn't think the Resolution provides any meaningful solution, it doesn't say anything, and he voted "no" on the motion. Councilman Bleecker requested to be heard, and Mayor Hart stated the Council was in the middle of a roll call. He asked him to qualify his vote at the time he casts it. Bakersfield, California, November 19, 1973 - Page 12 Councilman Thomas stated he is going to oppose the motion because in his opinion, the wording is a direct slap at the President and is derogatory in nature. He voted "No." Councilman Whirremote voted "Aye." Councilman Bleecker voted "Aye" on the resolution but stated he thinks it is very amusing that two of the Councilmen who were so ready to give the President everything he wanted last week, are now opposing the motion because of the wording. In his opinior~ it calls for voluntary compliance with the idea of conserving energy and he would wholeheartedly support the measure. Councilman Heisey and Medders voted in the favor of the Resolution and the motion carried. Councilman Medders said he would still like to send the President a letter, and he moved that a letter be sent to President Nixon which includes the following: "On a voluntary basis the City of Bakersfield will exert within its realm of responsibility every effort to cooperate with the requests the President had made to the Council, and the Council will urge the citizens of the City to do likewise. The Council will support gas rationing only as an absolutely last resort. is unalterably opposed to a 30~ to 50~ a The Council gallon gas tax. The Council urges the Federal Government to proceed with the necessary ecological safeguards to make the petroleum resources on the California coast, the Rocky Mountains and on the north slope of Alaska available to private enterprise for exploration and distribution." Councilman Rogers stated he would like to think about this motion for a minute and then commented on Councilman Strong's earlier statement in which he observed that the Resolution offered by Councilman Rogers did not say anything. It does say something, it says that this governmental body has decided not to force the people in the City to do something they don't want to do. Regard- ing Councilman Medders' motion, he may have to hear it one more time before he can make a decision. Bakersfield, California, November 19, 1973 - Page 13 59 Councilman Strong stated he wished to digress a trifle to clarify his point. The way he interprets the President's tele- grams, it is obvious the President in all of his wisdom could by no means analyze every need or every step that could be taken by individual cities in order to bring about effective savings of energy. It seems to him that it was just left up to the Council to use its good judgment to take the time to analyze its situation as a City and to take meaningful steps and make meaningful recom- mendations to conserve energy as it sees fit. In his opinion, Mr. Rogers' resolution did not address itself to the President's telegram. Councilman Bleecker reminded Councilman Strong that he had just recorded himself in opposition to a general motion that asks the people of this community, on a voluntary basis, to conserve energy, at any time and at any place, etc. Councilman Heisey stated that possibly it isn't necessary to make all of those decisions on energy conservation tonight. It might be more appropriate to send the President a letter to the effect "that the City of Bakersfield will cooperate with your request to conserve energy and attempt to alleviate current fuel shortage by making every effort to reduce our municipal consumption of power, and by urging all of our citizens to do likewise." A brief letter of this kind would indicate the Council's support. As part of the motion Councilman Heisey recommended that the matter be referred to the Budget Review and Finance Committee to come back to the Council with some appropriate recommendations regarding the conservation of energy that the staff could carry out which would be beneficial to the community. It may be better to work this out in Committee with the benefit of the staff's recommendations on where energy cuts can be made. He offered this as a substitute motion. Councilman Rogers stated he could not support Councilman Medders' motion, as he objects to part of it. Councilman Thomas seconded Councilman Heisey's substitute motion. 6O Bakersfield, California, November 19, 1973 - Page 14 follows: Ayes: Noes: Absent: Roll Call Vote taken on the substitute motion carried as Councilmen Rogers, Heisey, None Strong, Thomas, Whittemore, Bleecker, Medders None Councilman Thomas suggested that the Council approve one of the following recommendations regarding the lighting of the Christmas trees on Truxtun Avenue. Light the trees on Saturday nights only from Thanksgiving Day until Christmas Day from approximately 6 p.m. to 10 p.m. 2. Light the trees ~ven consecutive days prior to Christmas from 6p.m. to 10 p.m. 3. Eliminate the lighting entirely this year as some other cities are doing. Councilman Rogers stated he is all for leaving this question up to the individual judgment and discretion of the staff and the businessmen of the City. Councilman Bleecker pointed out that this matter of con- serving energy has already been referred to the Budget Review and Finance Committee for study and report. Councilman Thomas then moved that the tree lights on Truxtun Avenue be turned on only seven days prior to Christmas from 6 p.m. to 10 p.m. After discussion, it was the Council's decision that the matter had already been referred to the Budget Review and Finance Committee for report back at next Council meeting, and Councilman Thomas withdrew his motion. Councilman Heisey called attention to the City's Police Reserve which he declared is outstanding and is the oldest in the United States. He attended a banquet of this group recently at which time a national chairman of Police Reserves presented dis- tinguished service awards to Lieutenant Bud Rogers, a member since 1939, and to Sergeant Kay Wall. There are 46 sworn members of the Reserve Police force and 42 of the 46 have completed a 40 hour course in law enforcement, which means that these reserve police Bakersfield, California, November 19, 1973 - Page 15 61 officers can actually make arrests and carry out the same duties in the community that the regular police force does. In the first ten months of this year, these reservists contributed 9,658 hours of service to the City which in terms of dollars amounts to $66,736.78 and is a tremendous contribution to the community. He moved that the two officers who received the distinguished service award be sent a letter from the Council commending them for their splendid achievement and for the distinction it has brought to the City of Bakersfield. This motion carried unanimously. Reports. Councilman Walter Heisey, chairman ff the Water and City Growth Committee, reported on the subject of Treatment capacity for future industrial waste, as follows: Metcalf and Eddy, Inc. an engineering firm is preparing the project report for the City's proposed Wastewater Treatment and Disposal Facility in the Southeast Bakersfield area. As a part of this report they must determine the future sewage treatment needs in the area. Grant assistance is not available to provide capacity in our wastewater treatment plant for future industrial use. There- fore, if the City wants additional capacity built in the plant during the upcoming consolidation, we must assume all of the addi- tional cost. The Committee has reviewed this with the staff and feels that additional future capacity should be provided for industrial use. Capacity for 160 acres of light industry would require approx- imately two million gallons per day at an estimated cost of $500,000. The Committee recommends thai the engineering firm be authorized to design the facilities with additional capacity of two million gallons per day for future industrial use. Upon a motion by Councilman Heisey, the report was adopted. Councilman Bleecker, Chairman of the Governmental Efficiency and Personnel Committee, reported on the subject of the City's Appraisal Program, as follows: The Governmental Efficiency and Personnel Committee is 62 Bakersfield, California, November 19, 1973 - Page 16 in the process of seeking out within the Bakersfield area. to recommend that once this list is established appraisers will be hired on a rotating basis. Upon a motion by Councilman Bleecker, adopted. a list of all qualified appraisers It is the intention of this Committee by the City Council, the report was Councilman Bleecker, Chairman of the Governmental Efficiency and Personnel Committee, reported on the subject of Firefighters' Insurance Plan, as follows: The Public Employees Union - Teamsters Local 986, was recently granted the right to represent employees of this City's Fire Department. Representatives of this Union have asked the City to contribute and withhold funds for all Firefighters re- questing coverage through their insurance plan. This Committee has acknowledged that Teamsters Local 986 represents the majority of City Firefighters. In view of this fact and since the amount they have requested is the same amount contributed for insurance coverage for all City employees, either through the City's Blue Cross plan or the Federated Firefighters plan, we are recommending that the Council approve the payment of $7.08 per pay period to the Crown Life Insurance Company for those Fire Department employees desiring this insurance coverage. For the Council's information, this Committee will submit to the Council in the near future our proposed Employer-Employee Relations Ordinance. If this Ordinance is adopted by the Council, the City will be able to hold an election to determine exclusive Union recognition. After the election is concluded, the employees must then make one of two choices: either the City Blue Cross Insurance Program, or the plan offered by the Union representing their unit. Upon a motion by Councilman Bleecker, the report was adopted. Consent Calendar. The following items were listed on the Consent Calendar: (a Allowance of Claims Nos. 1321 to 1400, inclusive, in amount of $91,151.52. Bakersfield, California, November 19, 1973 - Page 17 63 (b) Claim for Personal Injuries from William Mark Scobie (Refer to City Attorney). (c) Street Right of Way Deeds from Betdell L. Dickinson and Guimarra Bros. Fruit Company. (d) Street Right of Way Deeds from Kern-Cal Corp. and E. L. Armstrong, Monica D. Armstrong, H. R. Martin, Frances H. Martin, Joan Gibbons and Earle Gibbons. (e) Application for Encroachment Permit from Dennis B. Christy, 359 Olive Street. (f) Flowage Easement from Stockdale Development Corporation to serve Tract No. 3663 located in the southwest area. Upon a motion by Councilman Strong, Items (a), (b), (c), (d), (e) and (f) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Rogers, Strong, Thomas, Whittemore, Bleecker, Heisey, Medders Noes: None Absent: None Action on Bids. Upon a motion by Councilman Thomas, low bid of Foth Construction Company for paving Wilson Road west of New Stine Road and District Boulevard west of Sheppard Street was accepted, all other bids were rejected, and the Mayor was aufhorized to execute the contract. Deferred Business. Upon a motion by Councilman Bleecker, Ordinance No. 2146 New Series of the Council of the City of Bakersfield adding Para- graph 5 to Subdivision (b) of Section 6.50.050 of Title 6 of the Municipal Code, establishing Class V Businesses in the Business Improvement District, was adopted by the following vote: Ayes: Councilmen Rogers, Strong, Thomas, Whirremote, Bleecker, Heisey, Medders Noes: None Absent: None Upon a motion by Councilman Heisey, Resolution No. 99-73 ordering the vacation of a portion of "K" Street in the City of 64 Bakersfield, California, November 19, 1973 - Page 18 Bakersfield was adopted by the following vote: Ayes: Councilmen Rogers, Strong, Thomas, Whirremote, Bleecker, Heisey, Medders Noes: None Absent: None First reading of an Ordinance of the Council of the City of Bakersfield amending Section 11.04.620 C1 and 11.04.620 C2 of the Municipal Code providing for the deletion of Niles Street, 18th Street and 24th Street as west to east one-way streets and adding Espee Street as a west to east one-way street and adding Oak Place, Niles Street, West Niles Street, 18th Street and 24th Street as east to west one-way streets. First reading was considered given to an Ordinance of the, Council of the City of Bakersfield amending Section 11.04.620 C1 and 11.04.620 C2 of the Municipal Code providing for the deletion of Niles Street, 18th Street and 24th Street, as west to east one- way streets and adding Espee Street as a west to east one-way street and adding Oak Place, Niles Street, West Niles Street, 18th Street and 24th Street as east to west one-way streets. First reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 8.95 to Title 8 of the Municipal Code, providing for the abatement and removal as public nuisances of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private property or public property, not including highways, and recovery of costs of administration thereof as authorized by Section 22660 of Vehicle Code. Councilman Bleecker asked the City Attorney £or an explanation of this ordinance as he had not had an opportunity to read it. Mr. Hoagland stated the ordinance is quite lengthy and in order to clarify the ordinance, he will furnish members of the Council with a recap for their perusal be£ore the next meeting. First reading was considered given to an Ordinance the Council of the City of Bakersfield adding Chapter 8.95 to Bakersfield, California, November 19, 1973 Page 19 Title 8 of the Municipal Code, providing for the abatement and removal as public nuisances of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private property or public property, not including highways and recovery of costs of administration thereof as authorized by Section 22660 of Vehicle Code. At this time the Council discussed an agreement with the Atchison, Topeka and Santa Fe Railway Company for construction of automatic crossing gates at the intersection of the railroad with "S" Street. Councilman Bleecker asked Mr. Bidwell, Director of Public Works, how the City knows the figure of $27,936 is a good one for this project, since the Railway Company will be doing the work and the City will pay 50% of the cost. Mr. Bidwell stated the Railway Company does the major portion of the work and submits a detailed cost breakdown to the City. Also the Public Utilities Commission reviews these costs prior to payment as the City will receive 50% of its 50% back from the Public Utilities Commission. This estimate is in line with the cost of similar crossing protection projects in the past so it is felt this is a reasonable amount. Councilman Bleecker asked if the work was accomplished before the detailed cost was reviewed, and Mr. Bidwell stated the breakdown of the cost is reviewed before payment is made. Council- man Bleecker commented that he was questioning the procedure in- volved, he would think the cost would be decided before the project was started in order to determine whether or not it is a fair cost, if the City will be sharing in the cost. Mr. Bidwell explained that the major portion of the work is done by the railway themselves, so it isn't a matter of going out and getting an estimate from a contractor to do the work. Mr. Bergen further explained that the City, the railroad and the Public Utilities Commission arrive at a tentative agreement for this type of work before construction, based on the previous costs for crossing protection. Prior to payment an accounting is made based on the actual unit cost. 66 Bakersfield, California, November 19, 1973 - Page 20 Councilman Bleecker was still unconvinced that this was the proper procedure to follow, to agree to pay for something afte:~ the work is done, that it is not good business procedure and asked if it were mandatory that it be done in this manner by State law. City Manager Bergen stated the matter could be held over a week until the staff had an opportunity to look into the law, as he wasn't prepared to advise whether or not it was mandatory. Councilman Bleecker then moved that it be referred to the Governmental Efficiency and Personnel Committee for study and recommendation. Mr. Bergen asked if it would facilitate the matter to have the staff submit a report to the Council next week. Councilman Bleecker pointed out that he had already made a motion, stating that he would like to look into it in detail just to see that the City is not paying too much and if it might be constructed at a lower cost. Unless he finds out differ- ently in the Committee meeting, he would suggest that a contract be entered into at a fixed price with the railroad or whoever it may be in the future on projects of this type, and when it is finished and billed, the City will pay its 25% share. After further discussion, Councilman Heisey offered a substitute motion, stating that he does not think this is an appropriate item for the Personnel Committee to be charged with, he feels it would be better to hold it over a week and each Council- man can delve into it for a week, ask for information from the staff, see that it is furnished and place it back on the agenda next week. Vote taken on Councilman Heisey's motion carried as follows: Ayes: Councilmen Thomas, Whittemore, Heisey, Medders Noes: Councilmen Rogers, Strong, Bleecker Absent: None Approval of Agreement with the P. G. & E. for relocation of electrical facilities adjacent to "K" Street between Truxtun Avenue and 17th Street Upon a motion by Councilman Thomas, Agreement with the Pacific Gas & Electric Company for the relocation of a transformer adjacent to "K" Street Between Truxtun Avenue and 17th Street was approved, and the Mayor was authorized to execute same. Bakersfield, California, November 19, 1973 - Page 21 67 Bearings. This is the time set for public hearing before the Council when all persons interested in Report and Assessment List for de- molishing and removing dangerous buildings and having any objections thereto, may appear and be heard. This hearing has been duly ad- vertised and notices sent to all persons interested. Vice-Mayor Whirremote declared the hearing open for public participation. No protests or objections were received, and no one present spoke in favor of the Report and Assessment List. The public hearing was then closed for Council deliberation and action.. Upon a motion by Councilman Bleecker, Resolution No. 98-73 confirming the Assessment of certain property located in the City of Bakersfield upon which dangerous buildings have been demolished and removed, was adopted by the following vote: Ayes: Councilmen Rogers, Strong, Thomas, Heisey, Medders Noes: None Absent: None Council, adjourned at Whittemore, Adjournment. There being no further business to come before and upon a motion by Councilman Thomas, 9:40 P.M. Bleecker, the the meeting was M~O~t~e City o~e~rsfield, Calif. ATTEST: n erk of the Council of the City of Bakersfield, California 68 Bakersfield, California, November 26, 1973 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., November 26, 1973. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Cal Keeling of the Church of the Brethren. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Strong, Thomas, Whittemore, Bleecker, Heisey, Medders, Thomas None Absent: Minutes of the regular meeting of November 19, were approved as presented. Scheduled Public Statements. Mrs. Helen Lee, 1025 Pacific Street, addressed 1973 the Council and listed several hazards within the home which could be considered dangerous to personal safety. She stated that the citizens are adverse to the Council attending meetings of the Kern County Council of Governments and/or the League of California Cities, where it may be harassed by a variety of repressive proposals. The people in Bakersfield want to be free. Correspondence. Upon a motion by Councilman Bleecker, communication from Mr. Reno D. Zanotto urging the Council to take another look at bringing Amtrak passenger train service through the San Joaquin Valley, was received and ordered placed on file. Upon a motion by Councilman Whittemore, communication from Mr. Nathan M. Krevitz regarding the downtown improvement district tax, was received and ordered placed on file. Council Statements. Councilman Bleecker commented on a bulletin received from the League of California Cities relative to the Environmental Protec- tion Agency Transportation Control Plans in Five Critical Air Regions, such as Parking Surcharge, Car Pools, Certain Ordinances invalidated, Bakersfield, California, November 26, 1973 - Page 2 69 Prohibition of Certain Additional Parking Facilities, etc. These plans would impose a mandatory surcharge or fee on commercialparking spaces which would include existing free off-street parking and free municipal parking lots, in fact any owner of more than five free parking spaces will be subject to a regulatory fee based on the population of the City. At the present time this regulation is only applicable to the Los Angeles, San Diego and San Francisco air regions. Councilman Bleecker pointed out this would affect those people who prefer to drive to work instead of using mass transit systems or car pools. It is something that he does not believe government has the rightto impose on the citizens of the State of California, although evidently the whole purpose of the proposed regulation is to provide for maintenance of the national pollution quality standards. He is opposed to this type of legislation on the face of it, and requested that the City of Bakersfield send a representative to hearings which are scheduled in San Francisco on Friday, December 7, 1973, to oppose each and every aspect pro- posed in this regulation. Councilman Heisey stated that Councilman Bleecker has very well covered the subject. As stated in the bulletin, it is for environmental protection, but in his opinion it goes too far, it is time to put a foot down on environmentalists taking over. He sug- gested that the Council go on record, not necessarily by having a re- presentative at the hearing, but by sending a letter or a telegram to be read at the meeting, with copies to the City's representatives. He then moved that the Mayor be instructed to submit a letter in opposition, after consultation with the City Attorney, in time for presentation at the hearing on December 7, 1973. The bulletin states all comments received by November 29, 1973 will be considered. Councilman Bleecker asked if the League of California Cities has advised its position on this legislation. The bulletin does 7O Bakersfield, California, November 26, 1973 - Page 3 state the League will present testimony at the hearing on December 7 on behalf of cities and individual cities with specific problems are encouraged to testify. Councilman Bleecker asked that Councilman Heisey include in this motion to instruct the City Attorney to write a letter to the League and request that the Council be informed where they stand on this proposal. City Attorney Hoagland agreed to call the League of Cali- fornia Cities as he can get faster and better results by talking to them rather than to request information by letter. Vote taken on the motion carried unanimously. City Manager Bergen suggested that copies of the Mayor's letter or telegram be sent to the local EPA as well as the City's federal legislators, because the District operates under the Federal Clean Air Act of 1970. Councilman Whirremote remarked that he had four items of business to bring up at this time and his final action tonight will explain why he is taking the first three steps. He then tendered his resignation as the Council Advisor to the Planning Commission and urged that a replacement be appointed this evening. Councilman Heisey commented that it takes considerable time to serve as liaison to the Planning Commission, and moved that Councilman Whittemore's resignation be accepted and Councilman Thomas be appointed to fill the vacancy. This motion carried by the following roll call vote: Ayes: Councilmen Strong, Thomas, Whittemore, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None Councilman Whittemore then resigned as the Council's repre- sentative on the Kern County Council of Governments, known as KERCOG. Councilman Heisey moved that the resignation be accepted and that Councilman Clarence Medders be appointed to fill the vacancy. This motion carried by the following roll call vote: Ayes: Councilmen Strong, Medders, Noes: None Absent: None Thomas, Whittemore, Bleecker, Heisey, Rogers Bakersfield, California, November 26, 1973 - Page 4 Councilman Whittemore resigned as Vice-Mayor of the City of Bakersfield. It was moved by Councilman Medders, that the resig- nation be accepted and that Councilman Heisey be appointed to serve as Vice-Mayor of the City of Bakersfield. This motion carried by the following roll call vote: Ayes: Councilmen Strong, Thomas, Whirremote, Bleecker, Medders, Rogers Noes: None Absent: None Abstaining:Councilman Heisey Councilman Whittemore stated that he had been elected as Councilman of the Seventh Ward on July 16, 1963 and he thanked the constituents of the Ward for returning him to the office on three occasions. He commented on the improvements and achievements which have been accomplished since he was first seated on the Council, stating that one of the most important projects being considered by the Council at the present time is obtaining water rights for the Bakersfield Metropolitan area and he complimented Councilman Heisey for his endeavors along this line on behalf of field. He touched on the redevelopment of the construction of a new Police Building which is the people of Bakers- downtown area, the greatly needed for an efficient department, the sewage treatment plant in the southwest area which is very attractive to industry and will provide employment to young people of Bakersfield. He commented on an article appearing in the Bakersfield Californian recently which took issue with Mayor Hart for the private telephone line installed in City Hall to his private business. Coun- cilman Whittemore pointed out that the Mayor devotes much of his own personal and business time to conducting City business far and abow~ the call of duty, and has never complained in any way. He expressed the hope that the newspaper will see fit to issue a correction. Councilman Whittemore commended both the City Manager and the City Attorney stating that they have done an outstanding job for the City and the city is very fortunate to have two such com- petent department heads. Because of the demands made on the time of members of the Council, he recommended that their salaries be 72 Bakersfield, California, November 26, 1973 - Page 5 increased to a minimum of $350.00 a month and that consideration be given to placing this proposition on the ballot in the near future. He told the Council members and Mayor Hart that it has been a pleasure working wifh them, they haven't always agreed, but any disagreement has always been of a political nature. signed as the City of effective He then re- Bakersfield Councilman of the Seventh Ward of at midnight, November 30, 1973. Mayor Hart stated it has been a privilege to serve with Councilman Whittemore and presented him with a Key to the City of Bakersfield on behalf of the people of the community for the efforts which he has expended in their behalf, in gratitude for his services as Vice-Mayor and Councilman of the Seventh Ward for the past ten years. Mayor Hart commented that he would also like to make a statement on the article in the newspaper for the enlightenment of those people who may question the reason for the phones that are existence, since Councilman Whittemore has brought it up. He pays for his own private line, it is not an expense to the City. In March, 1970, an ordinance was adopted which grants executive powers to the Mayor during a riot, general civil disobedience or threat of same, any local emergency. The phones were installed for the sole purpose of communicating privately with department heads, the police depart- ment, and in some instances with the Sheriff's office. These calls do not go out through the City's switchboard, which is the reason for the network of emergency telephone lines in the City. He stated that he has received a very generous and coura- geous letter and demonstration of integrity from the publisher of the Bakersfield Californian in the form of an apology for the news article, because he understands the need for the telephones which are required due to the executive powers granted to the Mayor. Councilman Heisey pointed out that Councilman Whittemore is a member of two key committees and it is most important that the vacancies be filled immediately until such time as another Councilman is elected. He moved that Councilman Thomas be appointed to serve Bakersfield, California, November 26, 1973 - Page 6 73 on the Water and City Growth Committee and that Councilman Strong be appointed as a member of the Governmental Efficiency and Per- sonnel Committee. This motion carried by the following roll call vote: Ayes: Councilmen Strong, Thomas, Whittemore, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None Reports. Councilman Medders, chairman of the Budget Review and Finance Committee, reported on the subject of Conservation of Energy as follows: Last week the Council instructed this Committee to look into possible methods which the City could enact in order to conserve energy. We have met with the staff to determine what has been done and what further recommendations could be made. To date, the staff has ordered thermostats at City facil- ities set to maintain building temperatures at 68 degrees during cold weather; air conditioning units shut off until outside temperatures reach 78 degrees; lighting in the hallways turned off; lighting in the Council Chambers reduced; lights on the roof turned off and wattage in lights reduced at the Civic Auditorium; and where possible, reduc- tion in lighting at various City parks. In order to further reduce the use of power, the Committee is recommending that the Council instruct thai the following sug- gestions be put into effect: 1. Christmas tree lights on Truxtun Avenue turned on December 14 through and including December 20 between 6:00 P.M. to 9:30 P.M. On December 21 through and including December 25, the lights will be on between 5:00 P.M. and 10:00 P.M. If Daylight Savings Time is mandated in the near future, we will make the necessary adjustments. By limiting the lights to this schedule, an 80% savings from prior years will be effectuated 2. Recommend that refuse collection on holidays be cut back to correspond with private collectors' schedules to save on diesel fuel 74 Bakersfield, California, November 26, 1973 - Page 7 3. Recommend a report be submitted within 90 days to the Budget Review and Finance Committee from the staff exploring other methods of conserving energy, at which time the possibility of further reductions or possible elimination of certain services will be evaluated Councilman Medders moved adoption of the report. Councilman Strong expressed opposition to the recommenda- tion that refuse collection on holidays be cut as it would obviously result in the loss of overtime and a reduction in wages for the 40 employees affected. He asked if this recommendation had been dis- cussed and if these employees had been informed that it was the City's intention to halt refuse collection on holidays. Director of Public Works Bidwell stated that it had not been discussed with the employees only with the superintendent and foremen, however, it has been con- sidered as a possibility for some time. Councilman Strong asked Councilman Medders if he would consider deleting Recommendation No. 2 from the report pending a review by the staff and a discussion of the facts with the employees affected, so that they will be aware of what the Council is recom- mending. Councilman Medders stated if the other two members of the Committee concurred, he had no objection to deleting this recommend- ation. Councilman Heisey suggested that Councilman Medders amend his motion to refer Recommendation No. 2 to the Governmental Effic- iency and Personnel Committee for evaluation and report back to the Council next week. Councilman Bleecker asked for an explanation of the state- ment made in Recommendation No. 3 that 'at which time we will evaluate the possibility of further reductions or possible elimination of ce:r- rain services', stating that he would hate to see the elimination of city services, because of the energy crisis it might be necessary to curtail some services, but not eliminate any services. Councilman Medders stated the recommendation would have to do with street sweeping, cutting back lighting in the parks during the late evening hours, public ice skating; however, it was more or less left open for the staff to come back with other suggestions after a 90 day period. Bakersfield, California, November 26, 1973 - Page 8 75 Councilman Bleecker stated that hopefully, any reduction in lights in public parks would be the last thing recommended by the Council from the standpoint of safety. That is the main reason increased lighting was installed in these parks in the last few years. He has no objection to eliminating public ice skating. He can support the report with certain reservations and can vote for it. Vote taken on Councilman Medders' amended motion to adopt the report carried unanimously. Councilman Bleecker, chairman of the Governmental Effic- iency and Personnel Committee, reported on the subject of Police Department Reorganization, as follows: Several months ago, consultants from the staff of the Commission of Peace Officer Standards and Training (P.O.S.T.) of the State of California conducted a study on the organization of this City's Police Department. As a result of this study, Chief of Police Report Price has evaluated their recommendations and has discussed a departmental reorganization in detail with the Governmental Efficiency and Personnel Committee. In order to effectuate this reorganization, this Committee is recommending the following changes: Elimination of the following positions: 1 - Deputy Chief 7 - Defective II 4 - Police Patrolmen Addition of the following positions: 12 - Police Sergeants Title Changes: Traffic Officer to Senior Patrolman Administrative Secretary to Executive Aide Pay increase of $35 per month as hazard duty pay for Police Patrolman assigned solo motorcycle duties 76 Bakersfield, California, November 26, 1973 - Page 9 This reorganization will result in exactly the same complement that we presently have - 155 sworn safety personnel. The breakdown will be as follows: 1 - Chief; Lieutenants; 19 - Sergeants; 26 - Detectives; Sergeants; 88 - officers assigned to patrol; and 2 Laboratory Technicians. The estimated annual cost for these changes, including State Compensation and retirement $25,500. Further recommendations, 5 - Captains; 9 - 4 - Communication 1 - Range Master; such as parking checker and laboratory technicians changed to miscellaneous positions, and a salary increase for the City's two Administrative Secretaries for which we are recommending title changes to Executive Aide, will be forthcoming at the conclusion of the City's efficiency study which is now underway. The Governmental Efficiency and Personnel Committee is in complete agreement with the suggested Police Department re- organization and recommends that the City Council approve the reorganization and the transfer of necessary funds from the Coun- cil's Contingency Fund, and instruct the City Attorney to draw up the necessary ordinances to effectuate these changes. Councilman Bleecker then moved adoption of the report. At the suggestion of Councilman Heisey, Chief of Police Robert Price addressed the Council and commented on the reorganiza- tion. He stated that it is a culmination of several months of study by the California Peace Officers Standards and Training and his staff, as well as meetings with the Governmental Efficiency and Personnel Committee. It will result in a definite increase in the efficiency of the Department which it is hoped will reduce the crime rate in the City of Bakersfield. Vote taken on Councilman Bleecker's motion to adopt the report carried unanimously. Councilman Bleecker, chairman of the Governmental Efficiency and Personnel Committee, reported on the subject of Reorganization of the Auditorium-Recreation Department as follows: contributions, is approximately Bakersfield, California, November 26, 1973 - Page 10 ?? As the Council knows, the City's Auditorium-Recreation Manager is in the process of reorganizing his department. With the recent retirement of the Assistant Recreation Manager, Mr. Graviss has requested that this position be abolished and a new position of Assistant Auditorium-Recreation Manager be created. It is his in- tention to reclassify the present Assistant Recreation Director inl:o this position, thus giving him the backup which he has needed for some time. The Assistant Recreation Director's position will then be reclassified to Recreation Supervisor. The net result of this reorganization will be an annual savings of approximately $2,000. The Governmental Efficiency and Personnel Committee has evaluated these requests and recommends that the Council approve these reclassifications; approve the job specifications for the Assistant Auditorium-Recreation Manager; establish a monthly pay range of $1264 to $1539 for this position and instruct the City Attorney to make the necessary ordinance changes. Upon a motion by Councilman Bleecker, the report was adopted. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1401 to 1478, inclusive, in amount of $24,465.35. (b) Notice of Appeal and Notice to Prepare Transcript (Keith McCormac) (c) Street right of way Deed from Edna C. and Charles Wesley Sproule (d) Map of Tract No. 3633 and Contract and Specifications for Improvements therein (e)Application for Encroachment Permit from Jerry P. Tidd, 2537 Alder Street a motion by Councilman Strong, Items (a), (c), (d), (b), on the Consent Calendar were Upon (e), with the deletion of Item adopted by the following vote: Ayes: Noes: Absent: Councilmen Strong, Thomas, Medders, Rogers None Whittemore, Bleecker, Heisey, None Bakersfield, California, November 26, 1973 - Page 11 Action on Bids. Upon a motion by Councilman Whirremote, bid of Cooper Decoration Company, Inc. for Auditorium Exhibit Booths was accepted and all other bids were rejected. Auditorium-Recreation Manager Graviss explained that these exhibit booths are replacing the existing ones which have been in use for approximately 11 years and are shabby and broken. This replacement was requested in this year's budget. Upon a motion by Councilman Bleecker, bid of Three Way Chevrolet for two Four Door Sedans was accepted, and the other bid was rejected. Deferred Business. Upon a motion by Councilman Medders, Ordinance No. 2147 New Series of the Council of the City of Bakersfield amending Section 11.04.620 C1 and 11.04.620 C2 of the Municipal Code provid- ing for the deletion of Niles Street, 18th Street and 24th Street as west to east one-way streets, and adding Espee Street as a west to east one-way street and adding Oak Place, Niles Street, West Niles Street, 18th Street and 24th Street as east to west one-way streets, was adopted by the following vote: Ayes: Councilmen Strong, Thomas, Whittemore, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None At this time the Council discussed an Ordinance of the Council of the City of Bakersfield adding Chapter 8.95 to Title 8 of the Municipal Code, providing for the abatement and removal as public nuisances of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private property or public property, not including highways and recovery of costs of administration thereof as authorized by Section 22660 of Vehicle Code. Councilman Bleecker asked permission for a constituent of his to address the Council in connection with this ordinance. Bakersfield, California, November 26, 1973 - Page 12 79 Mr. Roger Narinian who lives at 1322 E1 Encanto Court, stated he was representing himself and wishes to discuss the ordinance. He expressed his objections to several sections of the ordinance and offered the following suggestions for changing the ordinance which he thinks have merit: Notices should only be sent to the owner of the vehicle not the owner of the land because many people are renting 2. The administration costs should be deleted The ten day notice period should be extended to 60 days. This would give the owner of the vehicle time to remove it The notice itself should contain a paragraph who the owner may contact concerning any questions with an appropriate phone number to call for information. In other words, the City should encourage people to dispose of their own vehicles It is not clear under the ordinance what right the owner has under the section relating to hearings, findings and decisions. How many people besides the Director of Public Works sit in judgment. Is the owner entitled to counsel. o The words "The Public Works Director shall not be limited by the technical rules of evidence" should be deleted o Paragraph 8.95.150 should be deleted in its entirety. This section provides for Violation as a Misdemeanor Finally, the ordinance should only be effective if a neighbor complains that a nuisance exists. The way the ordinance is now written, the City would have the right to search the City for dismantled or wrecked cars. The City should not initiate the action, it should start from the neighborhood He pointed out that some old cars are classified as antiques and are valuable, what may be considered as junk to one person, may not be junk to others. Many homes do not have garages, they have carports. A car could be kept under a carport or stored in the yard and it would be confiscated. Being aimed at the poor, this ordinance is discriminatory. Affluent neighborhoods do not have old cars laying around their yards· The City will contract for a junk dealer to remove old cars, which in his opinion, encourages and legalizes stealing, as tile SO Bakersfield, California, November 26, 1973 - Page 13 junk dealer may take Looking at is it other things of value from the yards. this ordinance in its entirety, the City notifying an owner of a wrecked or dismantled vehicle to move from his property. If he does not do so, the City does it for him and charges the owner both for removal and for administration costs. Also, the owner is labeled with a misdemeanor charge. All this is done under the guise of public welfare and abatement of a nuisance. There is no mention of compensation for a vehicle which is moved, this is a violation of individual property rights, it violates the Fifth Amendment of the Constitution. Councilman Rogers stated that Mr. Narinian has pointed out certain things in the ordinance which are objectionable and which would make it impossible for him to support adoption of the ordinalice in its present form, however, he does not think this Council would ever adopt an ordinance which would legalize stealing. He asked which Committee would be the proper one to refer this ordinance to for study. Councilman Heisey stated that he feels Mr. Narinian has made some valid points, and he would suggest that a transcript be made of his remarks and submitted to the Business Development and Parking Committee to sit down with the Attorney, go over it, and make a recommendation back to the Council in two weeks. Mr. Hoagland stated he had made a summary of the ordinance at the request of Councilman Bleecker and sent it out with the Agenda. He went on to say that 262 cities in the State of California have enacted ordinances similar to this one, however, there isn't any appeal to the City Council as there is in this ordinance. He is not in agreement with all the modifications proposed by Mr. Narinian, but changes can be made in the ordinance as long as they coincide with the mandate of the State law respecting the ordinance. There is quite a bit of discretion given to the Director of Public Works, but his decision can be appealed to the Council. It would not be appropriate to go into a civil action on the abatement of every junk automobile in the City, it would be lengthy and not in the best interests of the City. A survey made by the Police Bakersfield, California, November 26, 1973 - Page 14 81 Department revealed that there are in the neighborhood of 330 cars in one state of disrepair or another throughout the City. The whole purpose of this is to rid the City and the State of fhese abandoned vehicles that are considered to be a nuisance. The City is not promoting it, as a matter of fact, the City is behind in taking action, because it has been in effect in other cities for a number of years. Councilman Rogers stated that since the City is already over four months late from the July 1, 1973 deadline, he would move that this ordinance be referred to the Downtown Business and Parking Committee, that the comments by Mr. Narinian be taken into consid- eration, and a report and recommendation be made back to the Council as soon as it is conveniently possible to do so. Councilman Thomas pointed out that if the City does not act, the State of California will act on its behalf, the cars will be removed and the City will receive no compensation. Also, the public will have no right of appeal to the Council. Therefore, it will be necessary to adopt an ordinance of some type, as one has been needed for some time. After discussion, vote taken on Councilman Rogers' motion carried by the following roll call: Ayes: Councilmen Strong, Thomas, Whirremote, Bleecker, Heisey, Medders, Rogers Noes: Absent: None None Councilman Bleecker slated that he had raised certain questions regarding the construction of automatic crossing gates at the intersection of the A. T. & S. F. Railway company with'B" Street and had asked that the matter be deferred for one week. He is now quite satisfied with the memorandum of explanation from the City Attorney's office, and moved that the agreement be approved and the Mayor authorized to execute same. This motion carried unanimously. Bakersfield, California, November 26, 1973 - Page 15 Adoption of Resolution of Intention No. 895 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of "0" Street from 34th to 38th Street contiguous to Blocks 631, 657 in the City of Bakersfield. Upon a motion by Councilman Heisey, Resolution of Intention No. 895 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of "0" Street from 34th to 38th Street contiguous to Blocks 631, 657 in the City of Bakers.- field and setting date of December 17, 1973 for hearing on the matl:er before the Council, was adopted by the following roll call vote: Ayes: Councilmen Strong, Thomas, Whittemore, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None Adoption of Resolution No. 100-73 of the Council of the City of Bakersfield determining fee to reimburse City for administrative costs in processing application to segregate land and Bond, amend Assessment and Diagram in Public Improvement District No. 801-A for Assessment No. 9 thereof. After an explanation by the City Attorney, upon a motion by Councilman Heisey, Resolution No. 100-73 of the Council of the City of Bakersfield determining fee to reimburse City for administra- tire costs in processing application to segregate land and Bond, amend Assessment and Diagram in Public Improvement District No. 801-A for Assessment No. 9 thereof, was adopted by the following vote: Ayes: Councilmen Strong, Thomas, Whittemore, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None First reading of An Ordinance of the Council of the City of Bakersfield amending the Bakersfield Municipal Code by repealing Chapter 7.14 and substituting in lieu thereof a new Chapter 7.14, providing for regulations concerning Private Patrol Operators. First reading was considered given to an Ordinance of the Council of the City of Bakersfield amending the Bakersfield Municipal Bakersfield, California, November 26, 1973 - Page 16 Code by repealing Chapter 7.14 and substituting in lieu thereof a providing for regulations concerning Private new Chapter 7.14, Patrol Operators. Approval and adoption of Modified Specifications for Service Technician. Upon a motion by Councilman Bleecker, modified specifica- tions for Service Technician were approved and adopted. Approval of Agreement with the Pacific Gas and Electric Company for installation of electrical facilities. Upon a motion by Councilman Whirremote, agreement with the Pacific Gas & Electric Company for installation of electrical service to serve the signal system at Wilson Road and Hughes Lane was approved, and the Mayor was authorized to execute same. Hearings. This is the time set for public hearing before the Council on application by University Avenue Christian Church to amend the zoning boundaries from an R-1 (One-Family Dwelling) Zone to an R-1-CH (One Family Dwelling - Church), or more restrictive, Zone, of that certain property in the City of Bakersfield commonly known as 4201 University Avenue. This hearing has been duly advertised, the property posted and property owners notified as required by law. The applicant proposes to construct additional facilities for this existing church and make alterations to their present building. No one appeared in opposition to the requested zoning at the hearing before the Planning Commission. The Planning Commission recommended approval of the zone change as requested and advertised. Mayor Hart declared the hearing open for public participa- tion. No protests or objections were received and no one spoke in favor o£ the rezoning. The public hearing was then closed for Council deliberation and action. Upon a motion by Councilman Rogers, Ordinance No. 2148 New Series amending Title Seventeen of the Municipal Code by changing S4 Bakersfield, California, November 26, 1973 - Page 17 the land use zoning of that certain property in the City of Bakersfield commonly known as 4201 University Avenue, was adopted by the following roll call vote: Ayes: Councilmen Strong, Thomas, Whirremote, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None This is the time set for public hearing before the Council of the City of Bakersfield to Zone Upon Annexation to a C-1-D (Limited Commercial - Architectural Design), or more restrictive, Zone, that certain property in the northwest corner of Wible Road and within Stine #3 Annexation. County of Kern located at the Harris Road and known as a parcel This hearing has been duly published, the property posted, and property owners notified as required by law. The owner of subject parcel has requested the City to zone said land C-1-D as it was zoned in the County before annexation. The limited development within the area consists of large lot, single family subdivisions, and mobile home trailer parks. The requested limited commercial zoning is proposed for neighbor- hood-type commercial uses. A negative declaration was filed with the County Clerk and posted in the City Hall October 4, 1973. No one appeared in opposition to the requested zoning at the hearing before the Planning Commission. The Commission re- commended approval of the zoning upon annexation as advertised. Mayor Hart declared the hearing open for public participa- tion. No protests or objections being received, and no one speaking in favor of the zoning upon annexation, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Thomas, Ordinance No. 2149 New Series amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmen Strong, Thomas, Whittemore, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None Bakersfield, California, November 26, 1973 - Page 18 This is the time set for public hearing before the Council on Resolution of Intention No. 893 of the Council of the City of Bakersfield, California, declaring its intention to order the closing of "K" Street between 21st and 22nd Streets and the Alley in Block 192, City of Bakersfield. This hearing has been duly posted and the closing was requested by the Kern Community College District. Mayor Hart declared the hearing open for public participa- tion. Mr. Jim French, 3201 Candlewood Drive, speaking on his own behalf, stated that he is opposing the closing of "K" Street for the College because this action prevents ingress and egress to the downtown shopping area, will cause less accessibility to 23rd and 24th Streets, and the college will cause more traffic and add to the traffic and add to the traffic congestion. It is already common knowledge that the landscaping of the street by the college will cost approximately $40,000, which is taxpayers' money and could be put to better uses. Many other streets have already been closed in the interests of schools and private enterprise, if this trend continues, citizens will be prevented from driving into the downtown area because all of the streets have been closed. The Council should not grant "K" Street to the college at this time, as it has no assurance that the downtown campus will be successful. Many citizens are opposed to the acquisition of the Fedway property by the college because the overall attendance has been decreasing. Approximately 65% of the attendance at Bakersfield College is made up of night students. The acquisition of Fedway as part of the college campus is nothing but empire build-- ing by the college administration at the taxpayers' expense. Mr. Leslie Chambers, position to the closing of "K" crease in taxes. Dr. James Young, Director of 102 Spruce Street, expressed his op- Street, because it will cause an in- Planning for Kern Community College District, stated that they had received approval from the State of California, including the Legislature, the Governor's office, the Department o~ Finance, the Legislative Analyst's O~fice and the Chancellor's office of the Community College District S6 Bakersfield, California, November 26, 1973 - Page 19 before requesting the closing of "K" Street. The plans have been reviewed by both the City and the College and they feel that such closure will offer a very nice facility for students attending college. Dr. Young stated that the daily enrollment is increasing drastically. Their average daily attendance for the entire district is up approximately 1,000 this year over last year, primarily in tile Bakersfield area. They have approximately 800 more students in the evening program this fall than in the day program. Part of the unique feature of this operation is that it will be almost a 24 hour operation. Councilman Rogers asked how certain the district is that the college will be actually opened, and that there will be a need for this additional parking area and the closing of "K" Street. Dr. Young stated that the plans are now in the State office of Architecture in Los Angeles and they have been notified that they will have approval by mid-December. They hope to have the plans back by the middle of December, award the contract by the middle of January and be under construction no later than the first of February. Money is in the state budget and in the Governor's budget and they have assessed, through the community college con- struction tax, an amount equal to the state's share to fully fund both the site acquisition and the remodeling of the building. The success of the program is based upon the five programs which they plan to offer at this location. One of them is business; the entire Police and Fire Science programs will be moved downtown to that center; merchandising is a relatively new program and will be located in the downtown center; Data Processing and Electronics will also be moved downtown to this center. It is estimated that in the initial year they will have about 1200 individual enrollments in the downtown center. Councilman Rogers asked what would be the earliest date the college district would require the closing of the street. Dr. Young stated it had been discussed with Mr. Bidwell and with their neighbor, Bakersfield, California, November 26, 1973 - Page 20 S7 the Security Pacific National Bank, and it is felt that probably the sooner the street can be closed, the better, because hopefully they will be starting work by mid-January. Some preliminary work will need to be done before the contract is awarded in taking out certain equipment which can be used in the Bakersfield College campus, so they would like to have access as soon as possible. He would not see any need to close the street prior to the Christmas holidays, however. Councilman Rogers asked Director of Public Works Bidwell if the Council adopts the Resolution tonight, when would the street actually be physically closed. Mr. Bidwell stated they would require the school district to put up barriers almost immediately. Councilman Heisey asked if the Traffic Authority had made a recommendation on the closing of "K" Street, and Mr. Bidwell replied neither the Police nor the Fire Departments have any ob- jections to the closing. Councilman Heisey asked Mr. Bergen as Community Develop- ment Director, if this closing would fit in with the plans for de- velopment of the downtown area by Griffith & Company. Mr. Bergen stated the plans for the development between 21st and 17th Streets would envision the closing of "K" Street to the south. This would not in any way interfere with the plan for redevelopment of the downtown area. Councilman Thomas asked the City Attorney if the City would assume any liability if the resolution were adopted tonight and barriers were not put up until after the Christmas season. City Attorney Hoagland stated it would be a private road after abandonment by the City, it would be the college's liability. Dr. Young stated that the architect has indicated that th.e college district could probably get by with having the street closed no later than January 1, 1974 in order to continue an orderly opera- tion in getting the construction started. Councilman Whittemore asked if the proposal had been resolved with the Security Pacific National Bank so that there will not be any delivery trucks blocking the exits from the parking lot of the bank. Bakersfield, California, November 26, 1973 - Page 21 Dr. Young stated he had met with representatives of the Bank and the Bank presented a preliminary sketch of their plans for extending their parking lot. Up to this point everything had been resolved and he understands the Bank has sent the City a letter of support of this project. Dr. David Cartnel of the firm of Biggar and Cartnel, Architects for this project, addressed the Council, requesting that this matter be considered on the merits of closing the street.. In terms of planning for the facility, they carefully investigated the traffic patterns in the downtown area, the effect on the gen- eral plan, the long range effect of traffic, also the possible development of the so-called "super-block" concept which would revitalize the whole downtown area, and they feel that this would greatly enhance the downtown area and is sorely needed. The closing of the street will offer a green area downtown. He took issue with Mr. French's contention that the cost of the landscaping: would amount to $40,000; this is not true, it is a figure about one-half that much. They feel that it is not a disproportionate cost for what it does for the downtown area. As Dr. Young has mentioned, the plans for this project are completed, they are in the hands of the State Office of Architecture and Construction for checking, there is a bit of uncertainty as to the exact date the plans will be released. However, they have been notified in writing that they will have the plans back in hand, approved by the middle of December. Councilman Rogers stated that Resolution to vacate the street and the what happens then. City Attorney Hoagland stated if the Council adopted the project does not materialize it would either mean that the college would dedicate the street back to the City or the City could condemn it and pay for it; other than that there would have to be a voluntary relinquishment back to the City. Once it is closed, the street is abandoned and belongs to the adjacent prop- erty owners. Bakersfield, California, November 26, 1973 - Page 22 89 Councilman Rogers commented that, in his opinion, any action on this Resolution would be premature and he would think the hearing should be continued until later in December. Mr. Cartnel stated it is true that he cannot guarantee the date the plans will be relinquished, but the plans will come back; however, we cannot guarantee just when. There is no question that they will not be approved. Dr. Edward Simonsen, Superintendent of the Kern Community College District, stated that he thinks Mr. Rogers has a good point, it is not absolutely necessary to put up the barricades tomorrow. He will agree that there is no objection to delaying the closing until after the holidays. However, it would be a very serious thing to defer the hearing with the idea that their plans are going: to be turned down. Actually this project has gone too far for that. But it is true that the date is not yet a certainty when the plans will be returned. It would be rather disastrous to delay the closing beyond a reasonable point, but it would cause no hardship to have it effective January 1, 1974. Security Pacific National Bank has been making plans for development of their part of the parcel to fit closely with the development that the College will have. It will be developed in every respect to meet City standards. Councilman Bleecker asked Dr. Simonsen if he would be willing to make it a matter of public record that if for some reason the project does not materialize, the College District would be willing to dedicate the street back to the City. Dr. Simonsen stated that if the College gets it, and it doesn't need the street, the City will not have to buy it back, it will be returned immediately. The City Clerk read a letter of the Downtown Improve- ment District stating that the Board o£ Directors voted unanimously to endorse the closing of the section of "K" Street as part ofthe beautification project of Bakersfield College. 9O Bakersfield, California, November 26, 1973 - Page 23 The City Clerk also advised that Mr. John Brock, owner of Brock's Department Store, had phoned her and stated he wanted the record to show that speaking for his company, they have no objections whatsoever to the closing of "K" Street between 21st and 22nd Streets. Mayor Hart declared the public hearing closed for Council deliberation and action. Councilman Whirremote commented that he feels the people of the community deserve the finest educational standards they can get. This center will be a tremendous asset to the community. He is in favor of closing the street and making it a beautiful complex as it will compliment the action of the Council in working toward development of the downtown area. Councilman Bleecker stated that he is the Councilman representing the area, and he has had no telephone calls from any businessmen in the area, objecting to the closing of the street. There were some who objected to the College being located there, but thai is not within the purvey of this Council. The Council is charged with closing the street. It would appear from what has been stated here tonight, thai the College is going to be a reality and soon, and he can support the closing of the street. He would like to say however, that because of the holiday season, he feels that January 1, 1974 would be the proper time to close it, as it would create less confusion in the area. Councilman Bleecker then moved that Resolution No. 101-73 of the Council of the City of Bakersfield ordering the vacation of "K" Street between 21st and 22nd Streets and the Alley in Block 192, City of Bakersfield, be adopted, effective January 1, 1974. Councilman Rogers asked that Councilman Bleecker amend his motion to adopt the Resolution contingent upon the College District receiving all necessary approvals for the project. Bakersfield, California, November 26, 1973 - Page 24 91 After further discussion, Councilman Bleecker incorporated in his motion that the Board of Trustees of the College and the Security Pacific National Bank send letters assuring the City that if the project, for some reason, were not approved, the street would immediately be dedicated back to the City. roll call Ayes: Vote taken on the vote: Councilmen Strong, amended motion carried by the following Thomas, Whirremote, Bleecker, Heisey, Noes: Absent: Council, adjourned at None None Medders, Rogers Adjournment. There being no further business to come before the upon a motion by Councilman Heisey, the meeting was 10:20 P.M. MAYOR( the City of Bakersfield, Calif. ATTEST: and lfx-Ofikicio Clerk of the Council of the City of Bakersfield, California 92 Bakersfield, California, December 3, 1973 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., December 3, 1973. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Captain David Patrick of the Salvation Army. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Thomas, Heisey, Medders, Rogers, Strong Absent: Councilman Bleecker Minutes of the regular meeting of November 26, 1973 were approved as presented. Scheduled Public Statements. Mr. Leslie Chambers, 102 Spruce Street, urged the Council to take steps to fill the vacant Councilmanic seat in the Seventh Ward created by the resignation of Mr. Robert Whittemore, stating that he feels an election should be held for this purpose. Mr. Hoagland, City Attorney, explained the procedures to be followed fill a vacancy on the Council as prescribed in Section 16 of the Charter. Mr. Rudy Carvajal, Athletic Director of California State College, Bakersfield, presented the members of the Council with a complimentary pass to the college's athletic program. Correspondence. Upon a motion by Councilman Heisey, request from J. R. Seymour, 2200 Columbus Avenue, for break in median island to permit left hand turns from Columbus Avenue to Idaho Street for access to his business, was referred to the Traffic Authority with the request to personally contact Mr. Seymour regarding this matter. Public Works Director Bidwell submitted a report to the Council in connec- tion with Mr. Seymour's request. Upon a motion by Councilman Heisey, communication from Mr. Don G. Simpson relative to synchronization of traffic signals in the City was referred to the Traffic Authority to personally meet with Mr. Simpson, review his suggestions, and make a recommendation back to the Council. Bakersfield, California, December 3, 1973 - Page 2 93 Upon a motion by Councilman Heisey, communication from Governor Reagan addressed to Mayor Hart and acknowledging receipt of the recommendation of Aubrey M. Lumley, Jr. for appointment to the California Council on Criminal Justice, was received and ordered placed on file. Upon a motion by Councilman Heisey, communication from Ambassador's of Brotherhood urging the Council to appoint the highest runner up in the last election for Councilman in the Seventh Ward to fill vacancy created by resignation of Robert N. Whittemore, was received and ordered placed on file. Upon a motion by Councilman Medders, resignation of Albert C. Lum as a member of the Planning Commission effective December 4, 1973, was accepted, and Mayor Hart was requested to send Mr. Lum a letter of appreciation for his efforts in behalf of the citizens of the City of Bakersfield. Council Statements. Councilman Donald Rogers commented on the resignation of Mr. Robert Whittemore as Councilman for the Seventh Ward which was accepted at the last Council meeting, stating he understands the next general election will probably be scheduled in June, 1974, and he feels that the voters in the Seventh Ward should select their representative on the Council; however, a period of seven months is a significant length of time for these people to be without representation. The budgeted cost for a special election is around $3,000. In order te save the City taxpayers this amount of money, he proposed the Council follow a procedure which has been followed several times in the past and fill this vacancy by Council appointment. Also, as he understands it, several times in the past the candidate receiv- ing the second highest number of votes in the election of the resigning councilman has been asked to serve as a replacement. Mr. Charles Reed was runner-up to Mr. Whittemore in the Seventh Ward election last Feb- ruary, at which time he demonstrated that he had a sizable base of sup- port among the Seventh Ward voters. He has talked to Mr. Reed who has 94 Bakersfield, California, December 3, 1973 - Page 3 stated that he is willing to serve on the Council until an election is held. Mr. Hoagland has advised that no action can be taken by this Council until two weeks has elapsed after the resignation. ~ introduced Mr. Reed who was present in the audience. Councilman Rogers stated he would go no further at this time. Mayor Hart asked the City Attorney if the petition signed by 25% of the voters takes priority over any other consideration that might be exercised by the Council. Mr. Hoagland stated that within two weeks after a petition is filed the Council may make an interim appointment until the sea1: is filled by an election. If no petition is filed, then the Council may either fill that vacancy by appointment or call a special elec-. tion. Reports. In the absence of Chairman Bleecker, Councilman Rogers, a member of the Governmental Efficiency and Personnel Committee, re- ported on the subject of Police Department Vacation Ordinance as follows: At the present time, this City's Police Department employ- ees accrue and take vacation time on a calendar day basis. Accord- ing to Chief of Police Robert Price, the administration of this system is more complex in scheduling vacation, and he has suggested that the Police employees accrue and take vacation on a workday basis the same as Miscellaneous employees. The Committee has discussed this matter with the staff and feels this change has merit. The Chief has assured the Committee that departmental policy regarding vacation scheduling will not cha~age, in that vacation time will be taken at the convenience of the City. Also, record keeping and scheduling will be more efficient. This Committee is recommending that the Council approve this concept, and instruct the City Attorney to make the necessary ordinance changes in order to be effective January 1, 1974. Councilman Rogers moved adoption of the report. Council- man Heisey asked the difference between a vacation taken on a calendar day basis and a workday basis. Bakersfield, California, December 3, 1973 - Page 4 95 Mr. Bergen stated it would result in more efficient record keeping, as the Police Department employees would be given ten working days vacation instead of 15 calendar days vacation, which actually results in the same number of vacation days. It will not make a difference in the benefits received, merely brings it in line with the vacation time received by other employees of the City. Vote taken on Councilman Rogers' motion to adopt the report carried unanimously. Councilman Rogers, ~mber of the Governmental Efficiency and Personnel Committee, reported on the subject of Adoption of Employer-Employee Relations Ordinance as follows: Since July of 1972, the Governmental Efficiency and Per- sonnel Committee has been in the process of developing an Employer-. Employee Relations Ordinance. During this time, in compliance with California State Law, (Meyers-Milias-Brown Act), this Committee has met and conferred in good faith on this matter with the Kern County Employees Associatic, n, Local 700; the International Association of Firefighters, Local 1301; the Public Employees Union, Teamsters Local 986; and the American County and Municipal Employees (AFSCME) Local Federation of State, 1078. Basically this ordinance will provide a more formal pro- cedure for the administration of employer-employee relations between the City and employee organizations in resolving disputes regarding wages, hours and working conditions. The provisions of this ordinance have been limited to basic propositions, and as soon as possible, the Committee will estab- lish supplemental rules and regulations which will be subject to per- iodic review and revision. It is our intention to meet and confer with union officials in the near future to discuss these rules and regulations and have advised them of our intent. The Committee feels that the provisions of this ordinance are reasonable and fair to the employees, as well as management. The Committee therefore recommends that the Council adopt the pro- posed Employer-Employee Relations Ordinance. Councilman Rogers moved adoption of the report. 96 Bakersfield, California, December 3, 1973 - Page 5 Mr. Fred Ward, representing the BakersfieldCity Employees Association, asked to be heard at this time. Before commenting, he introduced Mr. Randall Prevo, the new Manager of the Kern County Employees' Association. Mr. Ward stated that the employees' organization sup- ported in general the proposed ordinance providing for employer- employee relations; however, there are still some deficiencies which they have discussed with the Governmental Efficiency and Personnel Committee without success. They regard the document as a first step in the right direction under the Meyers, Milias, Brown Act. He proceeded to point out several deficiencies which are of sufficient importance to be included in the record and asked that the Council consider changing the proposed ordinance this evening, if possible. He suggested that Section 3.16.040. Employee Rights, be amended to read "Section 3.16.040. Employee Rights and Employee Organization Rights shall be included in Supplemental Rules and Regulations, etc." Councilman Rogers stated that Mr. Ward is correct, it was intended that a sentence be included in Section 3.16.040 cover-. ing Employee Organization Rights. Mr. Ward returned to Section 3.16.110 of the proposed ordinance - Recognition of Employee Organizations as Majority Ex- clusive Representative - Formal Recognition, stating that he feels there should be a provision either in this section or cross referenced in the Supplementary Rules and Regulations, of the criteria to be used in determining the appropriate unit, which should be set out in detail. He called the attention of the Council to the fact that Section 3.16.090 (B) referred to in Subsection 1 of Section 3.16.110 is non-existent in the ordinance and asked that it be at least in- cluded or reference eliminated. He asked that Subsection (2) of Section 3.16.110 be clarified in the Supplemental Rules and Regula- tions so that doors would not be left open which are not fair to employees in their representation rights. Bakersfield, California, December 3, 1973 - Page 6 97 Mr. Ward referred to Section 3.16.120. City's Designated Representative, stating that the desirability of designating a person to serve as the City's representative in the initial stages of negotiations has been discussed at great length with the GEPC. For years the Council has had this; however, the League that there be a Municipal the policy of permitting the GEPC to do of California Cities had recommended Employee Relations Officer to conduct negotiations with the Employee Organizations and Unions. They are not asking tonight that this proposal be included in the ordinances, but hope the Council will agree to this request some time in the future. Section 3.16.130. Resolution of Impasses, is the major deficiency in the ordinance. Mediation is provided in this ordin- ance but in name only, as mediation third party intervention can be called for only if both parties agree. When mediation is needed, there is almost no chance of getting it, if one party or the other refuses to have it. The Employees' Organization urges the Council to call upon the GEPC to review this very carefully, and if need be, call in authorities in the field and request their opinion. He stated that with these suggestions, the document is a very definite move in the right direction, and he would not oppose its adoption. He would appreciate having the points they have raised examined and reviewed more fully by the Governmental Efficiency and Personnel Committee, particularly with regards to mediation and deter- mining the appropriate unit. Councilman Rogers commented that most all of the points that Mr. Ward brought up tonight have been discussed in some detail. by the Governmental Efficiency and Personnel Committee, Mr. Ward and other employee representatives. The Committee recognizes that this ordinance is a living document, that anytime in the judgment oi the Council it is felt that a change is indicated, it can be done. The Committee feels thatthis ordinance as written with two changes insertion of a sentence regarding Employee Organization Rights, and the clarification of the non-existent section in the ordinance, is reas- onable and fair, both to the employees and to management. He then moved that the report be adopted with the two changes incorporated therein. 98 Bakersfield, California, December 3, 1973 - Page 7 Councilman Thomas stated he has not read the entire document but agreed that Section 3.16.120 should provide for the appointmenl~ of a Municipal Employee relations officer,as he totally disagrees that any elected official should be involved in meeting and conferring on labor relation matters, which can result in political pressure. The Council would be wise to either hire a consultant or designate staff members to negotiate with the various labor organizations. He is willing to vote on this ordinance tonight but is going to work toward having that section changed. Councilman Strong stated that he did not help draw up this ordinance but he did have the opportunity to review it. A of work has gone into it and he thinks both the Council and whoever else added input should be complimented. He asked Mr. Ward how many employee organizations in the State of California have mediation of some sort which would not be ~nding but merely recommendations for perusal by a Council or an elected body. Mr. Ward stated he would say most all of them, as mediation is not binding, but arbitration is, so this is one of its virtues. Councilman Strong asked how the mediators would be selected and Mr. Ward stated the commonest way would be for the City to select one and the employee organization to select another, and the two of them agree on a third. If they cannot do so, they can turn to the American Arbitration Association, to the State Conciliation Service or to the District Judge, various mediators are available. Councilman Thomas asked Councilman Rogers if alternate ways to negotiate, meet and confer, were discussed in Committee meetings. Councilman Rogers replied that they were at very great length. In the opinion of the Committee and the staff, the way the ordinance is presently written is the proper way to handle the problem at this time. In the short time that he has been on the Council, he has heard different labor organizations use the fact that the City has not adopted an employee-employer relations ordinance as a criticism of the Council. This has seemed to be a very sore point with these organizations. Since July of 1972, the Committee has been trying to get to the point it has arrived at tonight. Bakersfield, California, December 3, 1973 - Page 8 99 Mr. William McCue, Assistant Area Director of the American Federation of State, County and Municipal Employees, addressed the Council, stating his organization agrees with the initiating of a document that will bring about employee-employer relations and a process of collective bargaining, but has the same four to the ordinance which were expressed by Mr. Ward. did not have the opportunity to enter into the meet on this ordinance which the other organizations had. occasions when they have asked for postponement because of sickness and this was denied. He requested that the Council defer action on this ordinance for a period of two weeks which will give his organi- zation an opportunity to sit down and discuss the items that have already been brought up tonight before it is adopted, because very possibly they can reach an agreement within a two week period. Councilman Rogers asked Mr. Russell, Senior Administrative Assistant, to comment on the correspondence between the City staff and Mr. MeCue's office in Fresno. Mr. Russell stated that several weeks ago the staff con- tacted the office of Mr. Liberatore, Representative of AFSCME in Fresno, by telephone to advise him that a scheduled meeting of the Governmental Efficiency and Personnel Committee had been cancelled until the following week. Mr. Russell talked with his secretary who stated that Mr. Liberatore was out of town, but she would give him the message. The staff backed up the phone call with a letter confirming the fact that the GEPC meeting was postponed for one week. Later Mr. Liberatore called, stated he had not been informed of the. meeting change, and would be unable to attend the GEPC meeting on the following day. Since Mr. Russell felt that Mr. Liberatore should have received some notice that the meeting was postponed, he called his secretary again who informed him that she had advised Mr. Liberatore of the phone call and had specifically given him the letter. She could not understand why he was unable to attend the meeting other than he had been called out of town. objections His organizatien and confer process There have been 100 Bakersfield, California, December 3, 1973 - Page 9 Councilman Rogers stated it is obvious from Mr. Russell's comments that the Governmental Efficiency and Personnel Committee did make adequate time available to this employee organization to meet and confer with them. They had the opportunity to discuss the ordinance with the Committee but did not respond. The Committee has worked on it for many months and the ordinance will be considered given first reading tonight. Mr. McCue stated that Mr. Liberatore was ill and that is the reason he could not be present. There are items which are being discussed here ton~ht that could be worked out in a two week period which would be fair and equitable to everybody. Councilman Rogers stated that since there must be a second reading of the ordinance before it is adopted, he would have no objection to meeting with the union representatives between now and the time this ordinance is adopted. Councilman Reisey stated he spent several years on the Governmental Efficiency and Personnel Committee, and he knows something about the tremendous amount of work that goes into it. It is long, hard, tedious work by the staff and the Committee. He feels they have presented a good ordinance and he is ready to adopt it, that it should be adopted next week with the corrections that were noted by Councilman Rogers. Mr. Ward has stated he is pleased with the ordinance, and no matter what the Committee submitted, there is going to be something that labor will not agree with. He complimented the Committee, suggested that this be declared first reading of the ordinance and that it be submitted for adoption next week. If the labor organizations wish to contact the staff or the Committee in the meantime, they have that privilege. Councilman Medders stated he is inclined to agree with Councilman Heisey, a great deal of time has already been devoted to drafting this ordinance and he doesn't see what more could be accomplished in another two weeks. Bakersfield, California, December 3, 1973 - Page 10 101 Councilman Heisey then moved that the report that this be considered first reading of the ordinance and that the ordinance be adopted next week. be adopted, as amended, Councilman Rogers withdrew his motion to adopt the reporl;. Councilman Thomas stated in his opinion it was not unrea- sonable to defer action for two weeks to permit the GEPC to meet with Mr. McCue. He stated he would oppose the motion. Councilman Strong commented that basically he is in agree- ment with the ordinance. This Committee has worked hard to bring this ordinance as far as it is now, and what few differences that exist at the present time can be resolved with perhaps one more meeting. He asked that the record indicate when the ordinance is voted upon that in all probability he will support it, but he thinks the Council should demonstrate it is willing to listen and give the organizations involved time to air their views to the Committee. Councilman Thomas called for division of the question. One to adopt the report and the other to consider next week as the second reading. He can support the first, but not the second. Councilman Rogers stated that he has consulted with Coun-. cilman Strong and it appears that at least two members of the GEPC will be available to meet with representatives of the labor organi- zation on Wednesday at 5:15 P.M. Councilman Heisey reworded his motion to receive the report and consider the ordinance given first reading. Vote taken on this motion carried by the following roll call: Ayes: Councilman Thomas, Heisey, Medders, Rogers, Strong Noes: None Absent: Councilman Bleecker Vote taken to adopt the ordinance next week carried by the following roll call: Ayes: Noes: Absent: Councilmen Heisey, Councilman Thomas Medders, Rogers, Strong Councilman Bleecker 102 Bakersfield, California, December 3, 1973 - Page 11 Director of Public Works Bidwell reported on the subject of Northeast Bakersfield Drainage Plan as follows: On July 23, 1973, Mason, Vancuren and Wachob, Engineers, made a presentation to the Council relative to a drainage report they prepared for the County of Kern on drainage in northeast Bakers- field, a major portion of which is within the City limits. The Council referred the matter to the Public Works Department for study and recommendation. We have reviewed the plan with the Engineers and County staff and we feel that a cooperative drainage project by the City and County is feasible and desirable. The recommended alternate would consist of a retention basin on the Bakersfield College campus and an underground pipe system to handle flows from the Wilshire Heights and Hawthorne Ravine drainage areas. The estimated cost to construct the drainage system to handle a ten year frequency storm is $1,059,000, with the City's share being $300,000. The County staff will recommend County financ- ing of the project with the City reimbursing the County for the City's share by making equal payments over the next six years. Financing of the City's share to be by general tax revenues. Therefore, it is recommended that the City enter a drainage agreement with the County to outline the work and apportion the cost. Councilman Heisey commented that everyone has a copy of t]~e report attached to Mr. Bidwell's report. The matter was presented fo the Water and City Growth Committee, who went into it in some depth, and recommends adoption of the report. The City's share of $300,000 is to be budgeted over a six year period; $50,000 a year, which is a sum the City can live with. It can afford that much for storm drains which are a very urgent necessity in the northeast City, as it takes in the College Heights area west The City is getting a good storm drain l~ogram at a cost. Councilman Heisey moved adoption of the report unanimously. portion of the to Union Avenue. very reasonable which carried Bakersfield, California, December 3, 1973 - Page 12 103 Consent Calendar. The following items were listed on the Consent Calendar: (a) (b) (c) (d) (e) (f) (g) Allowance of Claims Nos. 1479 to 1529, inclusive, in amount of $46,218.28 Claim for damages from Harold Lane (Refer to City Attorney) Claim for damages from Mrs. L. V. Washington (Refer to City Attorney) Application for Encroachment Permit from Arcon, Inc. Sewer Easement from Panama Union School District Plans and Specifications for Relocation of Sewer Mains for State Route 58 Freeway A Resolution of the Council of the City of Bakersfield making finding that Tentative Tract No. 3514, together with provisions for its design and improvement, is consistent with applicable general and specific plans Upon a motion by Councilman Strong, Items (a), (b), (c), (d), (e) and (f) and deleting Item (g) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Thomas, Heisey, Medders, Rogers, Strong Noes: None Absent: Councilman Bleecker Adoption of Ordinance No. 2150 New Series of the Council of the City of Bakersfield amending Section 3.18.060 of, and adding Section 3.18.136 to, Chapter 3.18 of the Municipal Code, deleting and adding Class Titles and providing hazard duty pay for Police Patrolman assigned Motorcycle Duty. Upon a motion by Councilman Thomas, Ordinance No. 2150 New Series of the Council of the City of Bakersfield amending Section 3.18.060 of, and adding Section 3.18.136 to, Chapter 3.18 of the Municipal Code, deleting and adding Class Titles and providing hazard duty pay for Police Patrolman assigned Motorcycle duty, was adopted by the following vote: Ayes: Councilmen Thomas, Heisey, Medders, Rogers, Strong Noes: None Absent: Councilman Bleecker 104 Bakersfield, California, December 3, 1973 - Page 13 Adoption of Ordinance No. 2151 New Series of the Council of the City of Bakersfield amending the Bakersfield Municipal Code by repealing Chapter 7.14 and substituting in lieu thereof a new Chapter 7.14, providing for regulations concerning Private Patrol Operators. Upon a motion by Councilman Thomas, Ordinance No. 2151 New Series of the Council of the City of Bakersfield amending the Bakersfield Municipal Code by repealing Chapter 7.14 and substitut- ing in lieu thereof a new Chapter 7.14, providing for regulations concerning Private Patrol Operators, was adopted by the following vote: Ayes: Councilmen Thomas, Heisey, Medders, Rogers, Strong Noes: None Absent: Councilman Bleecker Approval of Utilities Agreement between the City of Bakersfield and the State of California. Upon a motion by Councilman Strong, Utilities Agreement between the City of Bakersfield and the State of California was approved and the Mayor was authorized to execute same. Request for connection to city sewer from Gannon Construction, Inc. referred to Planning Commission for study and recommendation. Upon a motion by Councilman Medders, request from Gannon Construction, Inc. to connect commercial establishment in the unincorporated area to city sewer at 2500 East Brundage Lane, was referred to the Planning Commission for study and recommendation. Permission granted Bakersfield Swim Club to install a heater at the Central Park Pool. Upon a motion by Councilman Thomas, permission was granted the Bakersfield Swim Club to install a heater at the Central Park Pool. The Swim Club is responsible for all of the equipment maintenance and for the payment of all utility bills. Bakersfield, California, December 3, 1973 - Page 14 105 Hearings. This is the time set for public hearing before the Council for hearing protests by persons owning real property within territory designated as "Rosedale No. 1", proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised and property owners notified as required by law. Mayor Hart declared the hearing open for public participa- tion. Mr. R. S. Cameron, division manager for Loffland Bros., owner of approximately 7.9 acres immediately east of Gibson Street and south of Rosedale Highway, stated they are in the oil well contract business and have owned this property for the past 28 years. It is used principally as a storage yard and as an office for the staff. He requested that the property be excluded from the annexation because they do not feel they would receive any benefit; they do not need nor are they requesting any city services; they are self-sufficient for their own operation. However, they have no opposition to the annexation of the other property in the proposed annexation. One of the reasons they are opposing the annexation is that they do not wish to have their taxes increased approximately 20%. Councilman Thomas stated there are many benefits which would offset any increase in taxes, and he would hope that Mr. Cameron will look at this matter closely. Mr. Cameron stated they have looked into it and they very definitely prefer to remain in the County. Mr. Bergen advised that the City did not draw the boundaries of an annexation, this is done by LAFCO and sometimes it is difficult to exclude a particular parcel from an annexation because of the irregular boundary which would then develop. He suggested that action be deferred for one week to permit the staff to review the annexation in connection with what it would do to the boundary, and make a report back to the Council in a week. Councilman Heisey stated he had no objection to deferring action for a week, but since it appears that the only objection 106 Bakersfield, California, December 3, 1973 - Page 15 Mr. Cameron has is to a small increase in his taxes, he feels that the staff should review the matter with him and advise him of the valuable services which he can obtain from the City. No one else spoke in opposition to the annexation. Mr. Doug Minner, representing Mr. Appleton who has acquired the Hilton Inn and all the contiguous property, stated it is his desire to develop this area and his real estate firm is currently involved in nogotiating with Mr. Cameron's company to acquire part of their property. Mr. Bergen stated the report from the staff will not recommend excluding this property from the annexation. They want to evaluate it to see what it will do to the boundaries of the proposed annexation. He recommended that the public hearing be closed. Mayor Hart closed the public portion of the hearing, and upon a motion by Councilman Thomas, the closed hearing was continued for one week, for evaluation and report by the staff. This motion carried unanimously. This is the time set for public hearing before the Council to Zone Upon Annexation to a C-2-D (Commercial - Architectural Design) or more restrictive, Zone, and to an M-1 (Light Manufacturing) or more restrictive, Zone, that certain property in the County of Kern located southerly of Rosedale Highway, westerly of existing City boundary, easterly of Gibson Street and northerly of existing City boundary, known as Rosedale No. 1 Annexation. This hearing has been duly advertised, the property posted and the property owners notified as required by law. The property owner, petitioning for annexation, has requested C-2-D zoning for all his property within this annexation. The property is presently zoned M-1 in the County. The balance of the annexation is proposed as M-1-D as it is zoned and developed with an industrial use. Bakersfield, California, December 3, 1973 - Page 16 107 Property west and north of this annexation is in the County and is zoned and developed industrial. South of this property is the Kern River. East of subject property is the applicant's C-2-D zoned property which is partially developed with the Hilton Inn. A negative declaration was filed with the County Clerk and posted in the City Hall on October 15, 1973. The Planning Commission recommended approval of this zoning upon annexation as advertised, with the further recommendation that the "D" design overlay be applied to the M-1 property since this parcel is contiguous to C-2-D property. Mayor Hart declared the hearing open for public participa- tion. No protests or objections were received and no one spoke in favor of the proposed zoning. The public hearing was closed for Council deliberation and action. Upon a motion by Councilman Thomas, the closed hearing was continued for one week. This is the time set for public hearing before the Council for hearing protests by persons owning real property within terri- tory designated as "Beale No. 3", proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised and property owners notified as required by law. Mayor Hart declared the hearing open for public participa- tion. No protests or objections were received. Mr. Jack Balfanz was present representing the owner of the property, Mr. Charles Duncan. Mayor Hart declared the public hearing closed for Council deliberation and action. Upon a motion by Councilman Heisey, Resolution No. 102-73 declaring that a majority protest has not been made to the annexation of territory designated as "Beale No. 3", proposed to be annexed to the City of Bakersfield, was adopted by the Ayes: Noes: Absent: following vote: Councilmen Thomas, Heisey, Medders, None Councilman Bleecker Rogers, Strong 108 Bakersfield, California, December 3, 1973 - Page 17 Upon a motion by Councilman Heisey, Ordinance No. 2152 New Series approving annexation of a parcel of uninhabited territory to the City of Bakersfield, California, and providing for the taxation of said indebtedness of said City, was adopted Ayes: Noes: Absent: Councilmen Thomas, Heisey, Medders, None Councilman Bleecker This is the time set for public designated as "Beale No. Y', territory to pay the bonded by the following vote: Rogers, Strong hearing before the CouncJ[1 to Zone Upon Annexation to a C-1 (Limited Commercial) or more restrictive, Zone, that certain property in the County of Kern located between Beale Avenue and Freeway 178 and northerly of Jefferson Street, known as "Beale No. 3" Annexation. This hearing has been duly advertised, the property posted and property owners notified as required by law. Subject property is a portion of several lots left from the construction of 178 Freeway. The State of California sold the property to Mr. Duncan, owner of C-1-D zoned lots to the west which. front on Beale Avenue. The owner proposed to use both parcels as one development site. A negative declaration was filed with the County Clerk and posted in the City Hall on August 27, 1973. The Planning Commission was of the opinion that the re- quested zone is a logical extension of the existing C-1-D zone and would be compatible with the development of adjacent property. The Commission recommended approval of this zoning upon annexation as requested with the "D" Architectural design overlay applied to assure an orderly development. Mayor Hart declared the hearing open for public participa- tion. No protests or objections were received. Mr. Jack Balfanz was present as representative of Mr. Duncan, the applicant Bakersfield, California, December 3, 1973 - Page 18 109 for the proposed zoning. The public hearing was closed for Counci~L deliberation and action. Upon a motion by Councilman Heisey, Ordinance No. 2153 New Series amending Section 17.12.020 of Chapter 17.12 of the Municipal Code was adopted by the following vote: Ayes: Councilmen Thomas, Heisey, Medders, Rogers, Strong Noes: None Absent: Councilman Bleecker Adjournment. There being no further business to come before the Council, upon a motion by Councilman Thomas, the meeting was adjourned at 9:50 P. M. MAYOR~~ityof Ba~kersfield, ATTEST: fhe 0ouncil of the City of Bakersfield, California Calif. Bakersfield, California, December 10, 1973 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., December 10, 1973. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Charles D. Wilkinson of the Chester Avenue Baptist Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rogers, Strong, Thomas Absent: None Minutes of the regular meeting of December 3, 1973 were approved as presented. Correspondence. Upon a motion by Councilman Thomas, communication from Mr. Nathan M. Krevitz regarding the Downtown Business Improvement District Tax, was received and ordered placed on file. Upon a motion by Councilman Heisey, Mr. George H. Barnett was reappointed as a member of the Kern Mosquito Abatement District Board of Trustees for a two year term expiring December 31, 1975. The City Clerk advised that a communication has been re- ceived from the Pacific Southwest Realty Company on behalf of its parent company, Security Pacific National Bank, agreeing to defer any action on the proposed development of the west half of "K" Street between 21st and 22nd Streets, until the Kern College Community District has obtained complete approval of their project, and stating that it is understood the City will require the entire street to be deeded back if the proposed development is not approved. Also, communication was received from Mr. Edward Simonsen, Superintendent of the Kern Community College District, stating that the Board of Trustees of the Kern Community College District, by resolution, has endorsed the intent to return that portion of "K" Street which will be closed as of January 1, 1974, to the City of Bakersfield at no cost should the Downtown Center project not materialize. Bakersfield, California, December 10, 1973 - Page 2 Councilman Rogers pointed out that the term of William M. McKenney as member of the Fire Department Civil Service Board, ex- pires on December 31, 1973. Mr. McKenney has expressed a willingness to continue to serve on the Board, and he moved that Mr. McKinney be reappointed as a member of the Fire Department Civil Service Board for a six year term expiring December 31, 1979. Councilman Thomas asked that this matter be deferred for one week as he has contacted two gentlemen who were interested in serving on this Board but had not fully made up their minds. Stating that inasmuch as no names had been mentioned by Councilman Thomas, Councilman Bleecker called for the question. Councilman Thomas then offered the name of Mr. J. D. Bell, Realtor, and made a substitute motion that the matter be held over for one week. Councilman Heisey remarked that he had talked with Mr. McKenney who had advised him that he would be willing to serve another term. Mr. McKenney is interested in the Fire Department and anyone who has observed his activities on this Board can vouch for the amount of effort he devotes to it. He feels that Mr. McKenney deserves to be appointed for another term. Vote taken on the substitute motion to defer action for one week resulted in a tie as follows: Ayes: Councilmen Heisey, Strong, Thomas Noes: Councilmen Bleecker, Medders, Rogers Absent: None Pursuant to Section 14 of the Charter which provides that the Mayor shall have the right to vote on all matters when the vote of the Council results in a tie, Mayor Hart voted in the negative on this motion and it failed to carry. Roll call vote taken on Councilman Rogers' to reappoint Mr. William McKenney as a member of the original motion Fire Department Bakersfield, California, December 10, 1973 - Page 3 113 Civil carried Ayes: Noes: Absent: Service Board for a six as follows: Councilmen Bleecker, year term expiring December 31, 1979, Heisey, Medders, Rogers, Strong Councilman Thomas None Councilman Bleecker nominated Mr. C. Robert Frapwell, 1654 Olive Street, to fill the vacancy on the Planning Commission created by the resignation of Mr. Albert C. Lum, whose term expires April 17, 1974. Councilman Strong commented that he feels the City Commissions and Boards should reflect a cross-section of Bakersfield's community and he would like to see the Council show its good faith by appointing another ethnic to the Planning Commission. He then submitted the name of Mr. Clifford C. Strait, a contractor in Bakersfield, for this appointment. Roll call vote taken on nomination of Mr. Frapwell carried as follows: Ayes: Councilmen Bleecker, Heisey, Medders, Rogers Noes: Councilmen Strong, Thomas Absent: None Mr. C. Robert Frapwell was therefore appointed as a member of the Planning Commission for term expiring April 17, 1974, to fill vacancy created by resignation of Mr. Albert C. Lum. Councilman Thomas nominated Mr. Michael Sceales and Mr. Louis G. Whitfield for reappointment as members of the Mis- cellaneous Departments Civil Service Board. Councilman Strong stated he would second the nomination, as Mr. Whitfield is a very capable person, has done an outstanding job and has a great deal of dedication for this work. Councilman Heisey endorsed both candidates, saying he understands they have done an excellent job. Roll Call Vote on the nominations carried as follows: Ayes: Councilmen Bleecker, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: None 114 Bakersfield, California, December 10, 1973 - Page 4 Mr. Michael Sceales and Mr. Louis G. Whitfield were therefore reappointed as members of the Miscellaneous Departments Civil Service Board for a four year term expiring December 31, 1977. Reports. Councilman Bleecker, chairman of the Governmental Effic- iency and Personnel Committee, reported on the subject of Holiday Refuse Service, as follows: Two weeks ago the City Council instructed the Governmental Efficiency and Personnel Committee to study the feasibility of a reduction in holiday refuse service. This proposal had already been considered by this Committee for over a year and was recom- mended also to the Council by the Budget Review and Finance Committee as an energy saving measure. At the time of recommendation a dis- cussion ensued regarding whether or not this item was a meet and confer issue. We call to the Council's attention that by law the City has the right to determine the method, means and personnel by which government operations are to be conducted. In other words, the policy which involves the level of service and scheduling of service is entirely up to the discretion of this Council and is not a meet and confer issue to be discussed at a bargaining table. We, therefore, recommend by a majority vote of this Committee, (Bleecker and Rogers voting Aye: Strong voting No) that holiday refuse collection be scheduled at the determination of the Public Works Director. Councilman Bleecker moved that the report be accepted and that the holiday refuse collection be scheduled at the deter- mination of the Public Works Director. Councilman Strong stated he could not support the proposal because he feels that the refuse workers are being singled out for some kind of disciplinary action. When this energy saving idea was first discussed by the Council, Councilman Medders referred to a Bakersfield, California, December 10, 1073 - Page 5 115 comprehensive study being made of all City deparfments and that certain recommendations would be made. He thinks it is only fair that the Council wait until a complete study is made and if this drastic measure is still indicated, it could be implemented at the same time as the other changes that would be recommended. There is no denying that the implementation of this measure would seri- ously affect the income of the employees involved. There has not been a sufficient showing by the staff that this move will save the City one gallon of fuel and it is only common sense that if a truck misses picking up refuse on a holiday, it would mean the employees would have to make double trips the following day and work twice as hard. He offered a substitute motion to defer adop- tion until a comprehensive study has been made of all the other departments and a complete recommendation regarding the saving of energy has been presented to the Council. Councilman Rogers agreed that a study is being made to determine if there are other areas where fuel savings can be made. However, the fuel shortage is not going to wait, it is here now. He asked Public Works Director Bidwell to comment on Councilman Strong's statement that there would be no savings of fuel if this change were made. Mr. Bidwell estimated 110 gallons of ~esel fuel would be saved by missing one days' pickup, plus 10 gallons of gasoline for the supervisor's pickup. If the landfill is not operated, there would be a savings of 225 gallons of diesel fuel and 20 gallons of gasoline, or a total of 335 gallons diesel and 30 gallons gasoline for each holiday involved. Councilman Strong asked what holidays will be included and Mr. Bidwell stated initially it would be the two holidays coming up, Christmas and New Year's Day, but they anticipate in- cluding the other four major holidays. Councilman Strong asked if it were not true that this recommendation was made prior to the energy crisis, and Mr. Bidwell replied that the subjecf of holiday refuse service cut was submitted 1iG Bakersfield, California, December 10, 1973 - Page 6 to the Committee for review sometime prior to the last two or three weeks resulting in this report, and it was analyzed by the Com- mittee more than a year ago. It will result in a savings of fuel, if implemented. Councilman Thomas asked if Mr. Bidwell had any figures which would indicate a loss in salaries for employees of the re- fuse department if there is no holiday pickup. Mr. Bidwell stated it would depend on the definition of salaries, but these employees are paid a full 80 hours for each biweekly pay period. Vote taken on the substitute motion failed to carry by the following roll call: Ayes: Noes: Absent: Councilman Strong Councilmen Bleecker, Heisey, Medders, Rogers, Thomas None Vote taken on the original motion to accept the report carried as follows: Councilmen Bleecker, Councilman Strong None Councilman Bleecker stated that Ayes: Noes: Absent: Heisey, Medders, Rogers, Thomas as Chairman of the Governmental Efficiency and Personnel Committee, he would like to report to the Council relative to the last meeting of this Com- mittee. Last week, Mr. William McCue, assistant area director of the American Federation of State, County and Municipal Employees, addressed the City Council alleging that the Governmental Efficiency and Personnel Committee had not met and conferred in good faith with his union in regard to the City's proposed Employer-Employee Relations Ordinance. For the Council's information and for the record, this Committee has made every effort to meet and confer with the AFSCME representatives. As the Council will recall, another meeting with the union representatives was scheduled at last week's Council meeting for Wednesday, December 5, at 5:15 P.M. at which time the Committee waited Bakersfield, California, December 10, 1973 - Page 7 117 for over an hour, but once again the union representative failed to show up, nor has any correspondence been received from them, not even an apology for their failure to be present at this sched- uled meeting. He stated that as Chairman of the Governmental Ef- ficiency and Personnel Committee, he feels this situation is in- tolerable and he is reco~unending that the Employer-Employee Rela- tions Ordinance be adopted tonight without any further delay. Councilman Strong asked Mayor Hart to recognize Mr. Paul Smith, president of AFSCME Local No. 1078, who stated that he wanted the record to show that both he and the vice-president of the union., the local representatives, were in attendance at the meeting, al- though the area representative did not attend. For some reason the Committee does not want to recognize or accept the local represen- tatives. He stated that this is not the end of it, as union repre- sentatives and City employees, they still feel they have some rights. Councilman Bleecker commented that he has been on the GEPC for some three years and experience shows that if the formal paid representative of the union is not present, negotiations with the president and/or the vice-president are more or less futile. The City certainly recognizes the rights of all those who belong to unions and are employed by the City of Bakersfield to meet and confer on any meet and confer issue with the Governmental Efficiency and Personnel Conunittee and with the City Council if that becomes nec- essary, or from the floor just as the president of the AFSCME's local has appeared here tonight. I don't agree with what he has said be- cause I have another viewpoint representing management; he represents the union. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1530 to 1606, inclusive, in amount of $64,370.95. (b) Claim of J. W. Flynn, 3200 Candlewood Drive, for sewer damage to residence (Refer to City Attorney) (c)Claim for damages from Michael and Isolde Marroguin (Refer to City Attorney) 118 Bakersfield, California, December 10, 1973 - Page 8 (d) Street right of way Deeds from Robert C. and Fern Stearns, and William H. and Mabel L. Vawter (e) Notice of Completion for Street Improvements under Tract 3614 (f) Notice of Completion for sewer construction as shown on "Sewer Plans in Section 33" dated November 14, 1972 (g) Notice of Completion for street improvements as shown on "Plans for Construction of E1 Rio Drive, Quailwood Drive, Kildeer Way, and Chukkar Lane" dated January 8, 1973 (h) Notice of Completion for Street Improvements in Tract 3624 (i) Adoption of Resolution of the Council of the City of Bakersfield making finding concerning proposed subdivision: Tentative Tract 3514, located north of Harris Road and west of Wible Road Upon a motion by Councilman Strong, Items (a), (b), (c), (d), (e), (f), (g), (h) and (i) of the Consent Calendar were adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: None Action on Bids. Upon a motion by Councilman Thomas, low bid of Griffith Co. for resurfacing portions of "N" Street, Bucknell Street, Beale Avenue and Fremont Street was accepted, all other bids were rejected and the Mayor was authorized to execute the contract. Councilman Heisey suggested to the staff that if there are many more road resurfacing projects in this year's budget, it would be a good idea to plan to do them as soon as possible, as he understands that Road Oil Mix has gone up about $4.00 per ton, which is probably just the beginning of price increases for this product. Deferred Business. An Ordinance of the Council of the City of Bakersfield add- ing Chapter 8.95 to Title 8 of the Municipal Code providing for the abatement and removal as public nuisances of abandoned, wrecked, Bakersfield, California, December 10, 1973 - Page 9 119 dismantled or inoperative vehicles or parts thereof from private property or public property, not including Highways, and recovery of costs of administration thereof, as authorized by Section 22660 of Vehicle Code was deferred from meeting of November 26, 1973 for consideration this evening. Mr. Bergen suggested that this item be deferred until a meeting of the Business Development Parking Committee has been held and it then be placed back on the agenda. Councilman Thomas moved thatthis matter be deferred until the Committee is able to submit a recommendation to the Council. Councilman Bleecker, a member of the Business Development and Parking Committee, stated it has been impossible for him to meet with the Committee on this particular item, it is an important one. Mr. Narinian raised some very pointed objections to parts of the proposed ordinance two weeks ago which he thinks are admirable. A meeting of the Committee will probably be held shortly after the first of the year to thoroughly review and consider all the objec- tions which have been raised, before adopting the ordinance. Vote taken on Councilman Thomas' motion to defer action until the Committee has had an opportunity to review the ordinance was adopted unanimously. Councilman Bleecker moved adoption of Ordinance No. 2154 New Series of the Council of the City of Bakersfield repealing Sections 3.14.320 and 3.14.321 of Chapter 3.14 and adding Chapter 3.16 to Title 3 of the Municipal Code, providing procedures for the administration o£ Employer-Employee Relations between the City and Employee Organizations, and for resolving disputes regarding wages, hours and other terms and conditions of employment. Councilman Strong stated he believes that the effectiveness of the ordinance has to do with a good faith approach by the principals involved. The ordinance would be much more meaningful if it spelled out a better procedure for the resolving of impasses. It is reasonable to anticipate that there will be impasses, and since mediation is not 120 Bakersfield, California, December 10, 1973 - Page 10 binding on either principal, and since the recommendations of the mediators are not made public, he offered the following substitute motion - that the adoption of this ordinance include the privilege of calling for mediation by either principal should an impasse occur, provided the cost of mediation accrue to the principal calling for the mediation. Councilman Bleecker stated the GEPC has considered this particular item on numerous occasions for a number of months prior to Councilman Strong or Councilman Rogers being on the Com- mittee. One reason for this is that it would keep either the em- ployees group or the City from calling for mediation on something that might be very frivolous in nature. The City knows and the union representatives know when an impasse has been reached, and there should be an agreement on both sides that the impasse pro- cedure be instituted, and not that it should be called for by one side or the other as Councilman Strong has proposed. He strongly recommended to the Council that this particular item in the Employer- Employee Relations Ordinance be retained as being a very important prerogative for deciding issues, especially serious ones. Councilman Thomas commented that he is prepared to vote on the ordinance either way. Councilman Strong stated he is not taking issue with the basic provisions of this ordinance and he expects to support it no matter what form the Council votes on it. Since mediation is not binding on either principal and the recommendations aren't made public, there is nothing to fear from both sides submitting various information to a third party for third party impartial recommenda- tion. He thinks the ordinance should be implemented tonight by taking a step in the right direction and having a much better document. Roll call vote taken on Councilman Strong's substitute motion failed to carry as follows: Ayes: Noes: Absent: Councilmen Strong, Thomas Councilmen Bleecker, Heisey, None Medders, Rogers Bakersfield, California, December 10, 1973 - Page 11 Noes: Absent: Roll call vote adopt the Ordinance carried as follows: Ayes: Councilmen Bleecker, Heisey, Medders, Thomas None None taken on Councilman Bleecker's motion to Rogers, Strong, First reading of an Ordinance of the Council of the City of Bakersfield amending the first paragraph and sub- paragraph (1) of Section 3.22.030 of the Municipal Code, providing for Em- ployee salaries while absent due to injury in course of duties. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending the first paragraph and subparagraph (1) of Section 3.22.030 of the Municipal Code, providing for Employee salaries while absent due to injury in course of duties. Approval of boundaries of proposed annexation designated as Kern River #4 Annexation. Upon a motion by Councilman Heisey, boundaries of proposed annexation designated as Kern River #4 Annexation were approved, and referred to the City Engineer and City Attorney for referral to LAFC. Approval of boundaries of proposed annexation designated as Kern River #5 Annexation. Upon a motion by Councilman Medders, boundaries of proposed annexation designated as Kern River #5 Annexation were approved, and referred to the City Engineer and City Attorney for referral to LAFC. Approval of Sewer Agreement with Gannon Construction, Inc. to connect establishment at 2500 East Brundage Lane to City sewer. Upon a motion by Councilman Thomas, sewer agreement with Gannon Construction, Inc. was approved to connect establishment at 2500 East Brundage Lane to City sewer. Acceptance of Work and Mayor authorized to execute the Notice of Completion of the Work on California Avenue Neighborhood Facility. It was moved by Councilman Strong that the Work be accepted as complete on December 10, 1973, and the Mayor authorized to execute the Notice of Completion of the work on the California Avenue Neighborhood Bakersfield, California, December 10, 1973 - Page 12 Facility. Councilman Heisey stated he would offer a substitute motion to accept the work and authorize the Mayor to execute the Notice of Completion but delete the assessment of liquidated damages as provided in the contract against the contractor due to the com- pletion date being exceeded by 56 days. He suggested that this be referred to the Budget Review and Finance Committee for review wit]~ the City Attorney for some adjustment, as he feels special consid- eration should be given to this contractor in view of a number of factors which have entered into this which are not entirely his fault. Vote taken on the substitute motion carried unanimously. Hearings. This is the lime set for continued hearing before the Council for hearing protests by persons owning real property withill territory designated as "Rosedale No. 1", proposed to be annexed to the City of Bakersfield. Public Hearing was closed at meeting of December 3, 1973 for report from the staff. City Manager Bergen stated that the staff has met and discussed the annexation with Mr. Cameron, who filed a protest to the annexation on behalf of his company, Loffland Bros. at the last meeting. Mr. Cameron indicated his company will still object to the annexation. The protest represents approximately 25% of the assessed valuation, therefore, adoption of the Resolution declaring a majority protest has not been made is in order, and the staff recommends that the present boundaries are proper and no change should be made in them. Upon a motion by Councilman Bleecker, Resolution No. 104-73 of the Council of the City of Bakersfield declaring that a majority protest has not been made to the annexation of territory designated as Rosedale No. 1, proposed to be annexed to the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: None Bakersfield, California, December 10, 1973 - Page 13 Upon a motion by Councilman Bleecker, Ordinance No. 2155 New Series approving annexation of a parcel of uninhabited territory to the City of Bakersfield, California, designated as Rosedale No. 1, and providing for the taxation of said territory to pay the bonded indebtedness of said City, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: None This is the time set for continued hearing before the Council to Zone Upon Annexation to a C-2-D (Commercial - Architec- tural Design) or more restrictive, Zone, and to an M-1-D (Light manufacturing - Architectural design) or more restrictive, Zone, that certain property in the County of Kern located southerly of Rosedale Highway, westerly of existing City boundary, easterly of Gibson Street and northerly of existing City boundary, and known as Rosedale No. 1 Annexation. Public hearing was closed at meeting of December 3, 1973 with staff report to be given at the meeting. Councilman Rogers asked if this zone change would affect Mr. Cameron's business in any way. Planning Director Sceales stated it would not, it will come in as a legal conforming use. If new structures were added to the business, under the D-Overlay it would have to be reviewed by the Planning Commission before a building permit could be issued; as far as the existing operation there would be no restrictions placed on this business. Upon a motion by Councilman Bleecker, Ordinance No. 2156 New Series amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rogers, Strong, Thomas Noes: None Absent: None 194 Bakersfield, California, December 10, 1973 - Page 14 This is the time set for public hearing before the Council on application by Stockdale Development Corporation to amend the zoning boundaries from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Residential Development), or more restrictive, Zone, of that certain property in the City of Bakersfield located on both sides of the proposed extension of Bermuda Street, between Cherry Hills Drive and Sarazen Avenue; and making findings in connection with the P.U.D. Zone. This hearing has been duly advertised, the property posted and property owners notified as required by ordinance. This application consists of a preliminary development plan indicating the matters required by Section 17.51.020 of the Municipal Code, together with a plot plan, photos and maps and a statement pertain-. ing to density, estimated population and conformance to the Genera]. Plan and all other matters as required by law. The development plan depicts an R-1 (One Family Density) with zero-lot lines between 12, 2-unit buildings and 1, 3-unit building. The proposed development is consistent with the Land Use Element of the General Plan and will be in harmony with the charac- ter of the surrounding neighborhood and community. A negative declaration was filed with the County Clerk and posted in the City Hall on October 23, 1973. The Planning Commission recommends approval of the P.U.D. zoning, preliminary development plan and accompanying documents, as submitted. Mayor Hart declared the hearing open for public participa- tion. No one spoke in opposition to the proposed rezoning, Mr. Chuck Tolltee, representing the Stockdale Development Corporation, stated that the plan for proposed structures has been shown to the Homeowners' Association, and the Kern City Civic Association and they have approved these plans. Mayor Hart closed the public hearing for Council delibera- tion and action. Upon a motion by Councilman Thomas, Ordinance No. 2157 Bakersfield, California, December 10, 1973 - Page 15 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code by changing the Land Use Zoning of that certain land located on both sides o£ the proposed extension of Bermuda Street, between Cherry Hills Drive and Sarazen Avenue; and making findings in connection with the P.U.D. Ayes: Noes: Absent: Zone, was adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Rogers, Thomas Council, ad3ourned Strong, None None Adjournment. There being no further business to come before the upon a motion by Councilman Thomas, the meeting was at 8:59 P.M. Calif. ATTEST: CI%~TY~R~ k of the Council of the City of Bakersfield, California 126 Bakersfield, California, December 17, 1973 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., December 17, 1973. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and InvOcation by Vice-Mayor Heisey. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rogers, Strong, Thomas Absent: None Minutes of the regular meeting of December 10, 1973 were approved as presented. Council Statements. Councilman Medders nominated Mr. Edwin R. Kuhn for re- appointment as a member of the Citizens Auditorium-Recreation Com- mittee for an eight year term expiring January 3, 1982. Council- man Thomas seconded the nomination, and the motion to appoint Mr. Kuhn carried unanimously. Councilman Bleecker pointed out that a number of weeks ago when Mr. Robert Whittemore resigned as Councilman for the Seventh Ward, he indicated that he would like to see someone ap- pointed for the interim period until a special election could be held to fill the vacancy. A petition was circulated in the Ward, has been filed with the City Clerk, and apparently sufficient signatures have been obtained requesting the Council to call a special election for Coun-- cilman. This petition will be checked for sufficiency and presented to the Council at its next regular meeting on January 7, 1974. Councilman Bleecker stated that he would think the elec- tors of the Seventh Ward would prefer to have someone representing them during the interim period until a special election is called, which could be held as late as June, or earlier, if the Council so desires. He then moved that Mr. Robert B. Lumis be appointed as Councilman to represent the people of the Seventh Ward, until such time as a special election can be held to fill the vacancy. Bakersfield, California, December 17, 1973 - Page 2 Councilman Thomas stated the petition containing 584 sig.- natures which was filed requesting that a special election be held in the Seventh Ward would indicate to him that the people of the Ward do not wish to have an interim Councilman appointed to repre- sent them. In his opinion, they have mandated to the Council that a special election be held sometime in the spring, and that an in- terim appointment not be made which would give the person the advan- tage of being an incumbent when the special election is held. There- fore, he would oppose Councilman Bleecker's motion to appoint Mr. Lumis. Councilman Bleecker commented that when a special election is held, the people of the Ward can indicate by secret ballot the person they wish to represent them on the Council for the balance of the term. To intimate to this Council that by signing the petition the people of the Seventh Ward do not want anybody appointed during; the interim period is superfluous and has no basis in fact. Councilman Thomas stated he has received numerous calls from residents of the Seventh Ward requesting the Counc~ not to make an interim appointment before a special election can be held to fill the vacancy. Mr. Fred Ward, representative of the Bakersfield City Em- ployees' Association, addressed the Council, stating he wanted the record to show the Association would prefer that the Council not make an interim appointment. As stated by Mr. Bleecker, there was no commitment on the part of the people signing the petition; how- ever, it is obvious they share the views of the Employees' Associa- tion that it would be desirable to have full recourse through the democratic process and that the Council wait until such time as the special election can be held, possibly sometime in April, 1974. Stating he is a registered voter in the Seventh Ward and intends to run for the office of Councilman, Mr. Freeman Little addressed the Council expressing his opposition to any interim ap- pointment which would bring in someone and give him the advantage of being an incumbent candidate for the vacancy. 1o 8 Bakersfield, California, December 17, 1973 - Page 3 Councilman Thomas offered a substitute motion that the Council not appoint an interim Councilman but wait until the City Clerk has certified the petition to the Council at the next meeting on January 7, 1974. Councilman Bleecker pointed out that the law does not require the Council to wait for any period of time to make an in- terim appointment, whether the petition is certified or not, doesn't make any difference. The Council has a number of options, even to appoint someone for a full term. Councilman Bleecker went on to say that Mr. Little has indicated here tonight he intends to be a candidate for the vacancy, so it makes sense that he would not want anyone appointed during tile interim period. In fact, Mr. Little has been active in circulating the petition requesting the Council to call a special election. Also, Mr. Ward was somewhat active along these lines. Councilman Bleecker stated that he took it upon himself today to determine who the people were that circulated the petition seeking a special elec- tion. He was able to find out that 15 of the 20 people who passed the petition, and he stressed there is nothing wrong with circula- ting petitions, were City and County firemen, City Hall employees, Mr. Little and others. It would appear that perhaps the City and County Fire Departments and certain City employees have picked Mr. Little as a candidate. This Council is perfectly within its rights legally to make an appointment this this Ward representation during the election can be held. evening, particularly to give interim period until a special Councilman Thomas asked Mayor Hart to recognize Mr. Little again, who stated that all the people who circulated the petitions are eligible voters, regardless of whether or not they are City employees. Councilman Medders commented that heretofore he has been opposed to making an interim appointment, but if the Council is go- ing to get into special interest groups, and if the gentleman nomi- nated has no special interests, he would favor his appointment. Councilman Strong asked Councilman Bleecker if he is free to say whether or not Mr. Lumis will seek the office when a special Bakersfield, California, December 17, 1973 - Page 4 1o 9 election is held, and Councilman Bleecker replied that in his opinion, he would be a candidate. Councilman Strong commented that he would hesitate to make an interim appointment at this time which would give this person a distinctly unfair advantage over other candidates for the office. Councilman Thomas stated that he feels an interim appoint- merit versus an elected Councilman has no advantage for the reason that an interim appointment would serve only until such time as an election could be called. If a special election is held within the 90 days after the certification of the petition, which could pos- sibly be the later part of April, the elected candidate would have the opportunity to study the next yearns budget in plenty of time to make decisions during the budget sessions. The only benefit the people in the Seventh Ward would receive is to have a representative to call regarding any grievances or complaints. He wants the people in the Seventh Ward to know that he will be available and more than happy to represent them at no cost to the City, until such time as an election can be held. Councilman Heisey stated he thinks the Council is over- looking the purpose of an interim appointment and placing too much emphasis on the fact that it could be either an advantage or dis- advantage. In fact, he is not satisfied in his own mind that there is an advantage. He can recall a previous interim appointment who ran for reelection and was defeated. He is not sure when the elec- tion will be held, but whenever it is, the Council will have accom- plished most of its year's work as far as budgets are concerned. This is a time-consuming effort which needs a full Council to work with it. He.doesn't think that the people in the Seventh Ward will oppose an interim appointment; in fact, it is the Council's respon- sibility to make this appointment. He feels that the Council is fortunate to have a man of Mr. Lumis's caliber offer to fill the vacancy, as it is most important to have a representative, such as Mr. Lumis, who is very broad-minded and will take the time to listen to his constituents. His record on the Police Commission has been 130 Bakersfield, California, December 17, 1973 - Page 5 very impressive; the men on the police force respect him and so does the City staff. Councilman Strong stated that he isn't taking issue with the appointment of Mr. Lumis, he doesn't know him, but from what has been said here tonight he is obviously a very fine man. He does feel that the Council is attempting to decide something which is not within its purview to decide. As there is no urgency con- nected with this appointment, the people in the Seventh Ward should be given a chance to be heard, if by no other means than calling in, writing letters, or even speaking out on the talk shows. Mayor Hart remarked that as he understands it, it is within the purview of the Council to make an interim appointment, and he asked Mr. Hoagland to comment. City Attorney Hoagland stated he interpreted Councilman Strong as saying maybe it wasn't the wise. thing to do, as certainly the Charter is very implicit regarding the Council's authority to make the appointment. Councilman Heisey stated he is sure that it was the inten- tion of the drafters of the Charter that this is the procedure the Council should follow. He pointed out he has publicly stated sev- eral times that he would support an election whether or not a peti- tion was circulated; in fact, he would insist upon it. But until that election takes place, he feels the Council is derelict if it does not fill the vacancy. Councilman Strong stated he was concerned with the sur- prise type of appointment which this one seems to be. He takes no issue with the fact that the Council has the authority to do this under the Charter, but he does feel the people should be given an opportunity to be heard, and if there is no urgency, this appoint- ment could be deferred until the next Council meeting. Councilman Thomas stated the people of the Seventh Ward have been heard; they have filed a petition asking for an election and he feels the Council should grant this request. He has had numerous calls from people of the Seventh Ward who have asked that no interim appointment be made by the Council. He doesn't know Mr. Lumis, he has nothing against him, but the people of the Bakersfield, California, December 17, 1973 - Page 6 131 Seventh Ward, or any Ward, should be given the opportunity to select their senior spokesman on the Council. Councilman Bleecker commented that the people of the Sev- enth Ward will have the opportunity within the next few months to mark a ballot and select their representative. Also, in the interim period they will have a responsible representative who will have a voice in any important legislation that may come before the Council. Councilman Thomas again vigorously opposed an interim appointment, stating he did not want a railroad job. The people ill the Seventh Ward want to be represented by the person they select, not one selected by the Council. Vote taken on motion by Councilman Thomas to defer any action until after a special election is held, failed to carry by the following roll call: Ayes: Noes: Absent: Councilmen Strong, Thomas Councilmen Bleecker, Heisey, Medders, Rogers None Vote taken on motion by Councilman Bleecker to appoint Mr. Robert B. Lumis as interim Councilman for the Seventh Ward un- til such time as a special election is held for the seat carried as follows: Ayes: Councilmen Heisey, Medders, Bleecker Noes: Councilmen Strong, Thomas Absent: None Abstaining: Councilman Rogers In abstaining, Councilman Rogers pointed out that two weeks ago at the Council meeting he suggested that an interim ap- pointment be made until a special election could be held, and proposed that the runner-up candidate at the last election for Councilman in the Seventh Ward, Mr. Charles Reed, be appointed. He would still like to see Mr. Reed receive this appointment. In line with what Councilman Heisey said, perhaps too much emphasis is being placed on the importance of an interim appointment, and per- haps too much importance is being placed on the advantage or dis- advantage in a forthcoming election. Since he doesn't want to Bakersfield, California, December 17, 1973 - Page 7 oppose the appointment as he feels the office should be filled on an interim basis, he will abstain from voting on the appointment of Mr. Lumis. In voting in the negative, Councilman Strong stated he absolutely cannot support the motion and will vote "no," but in doing so he wishes to say that this negative vote has nothing to do with the appointment of Mr. Lumis; it has to do with not making an appointment at all at this time. Councilman Thomas stated he feels as Councilman Strong does; if the people of the Seventh Ward are going to receive a rail- road job, it will have to be done without his support. Consent Calendar. The following items appeared on the Consent Calendar: Allowance of Claims Nos. 1607 to 1690, inclusive, in amount of $90,405.53 (b) Notice of Completion for Street and Sewer Improvement under Tract 3622 (c) Street easement from Stockdale Development Corporation (d)Map Of Tract No. 3660, Unit "A" and Contract and Specifications for Improvements therein Upon a motion by Councilman Strong, Items (a), (b), (c), and (d) of the Consent Calendar were adopted by the following vote: Ayes: Councilmen Heisey, Medders, Rogers, Strong, Thomas, Bleecker Noes: None Absent: None Action on Bids. Upon a motion by Councilman Medders, low bid of Dutch Boy Paint Store for annual contract for Maintenance Paint was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, bid of Ray Gaskin Service for Hydraulic Dump Trailer was accepted, and the other bid was rejected. Pursuant to recommendation of the Public Works Department, upon a motion by Councilman Medders, the one bid received for the construction of Pacheco Green Belt was rejected as being excessive. Bakersfield, California, December 17, 1973 - Page 8 133 Deferred Business. Upon a motion by Councilman Bleecker, Ordinance No. 2158 New Series of the Council of the City of Bakersfield amending the First Paragraph and Subparagraph~ (1) of Section 3.22.030 of the Municipal Code, providing for Employee Salaries whi.le absent due to injury in course of duties, was adopted by the following vote: Ayes: Councilmen Heisey, Medders, Rogers, Strong, Thomas, Bleecker Noes: None Absent: None Upon a motion by Councilman Bleecker, Ordinance No. 2159 New Series of the Council of the City of Bakersfield amending Sec- tion 3.18.190 (b) (2) of the Municipal Code providing Annual Vaca- tion Leave for Employees of the Police Department, was adopted by the following vote: Ayes: Councilmen Heisey, Medders, Rogers Strong, Thomas, Bleecker Noes: None Absent: None Hearings. This is the time set for public hearing on Resolution of Intention No. 895 of the Council of the City of Bakersfield, de- claring its intention to order the vacation of a portion of "O" Street from 34th to 38th Street, contiguous to Blocks 631, 657, in the City of Bakersfield. This hearing has been duly posted. Vacation was requested by the Stockdale Development Corporation. Mayor Hart declared the hearing open for public partici- pation. No protests or objections were received. Mr. Chuck Tol- free, representing Stockdale Development Corporation, stated that they have requested abandonment of 11.25 feet on the east side of "0" Street and the north and south sides of 38th Street between "Q" Street and "0" Street. The advantage to the City of this vacation is that the streets as originally platted in 1897 were extra wide and his company is now improving the street. By vacating the extra wide streets, the property can be returned to the tax rolls. No 134 Bakersfield, California, December 17, 1973 - Page 9 one else requesting to be heard, the Mayor closed the public hear- ing for Council deliberation and action. Councilman Rogers asked Public Works Director Bidwell to comment briefly on the reasons for vacating a portion of this street. Mr. Bidwell stated that as Mr. Tolfree indicated, they are asking for vacation of 11.25 feet on one side. This 82.5 foot strip was dedi-. cared for street purposes many years ago, and at that time they did[ not have the ultimate land use in mind. It is very firm now, and indicates that a 60' wide street would be adequate. This is the first step in a reduction to that width right-of-way. It does put the property to some utilities which it didn't have for years, and that is why Public Works supports the request. Upon a motion by Councilman Thomas, Resolution No. 105-73 ordering the vacation of a portion of "0" Street from 34th to 38th Street contiguous to Blocks 631, 657 in the City of Bakersfield was adopted by the following vote: Ayes: Councilmen Heisey, Medders, Rogers, Strong, Thomas, Bleecker Noes: None Absent: None Councilman Heisey moved that the Council recess to an executive session to discuss legal matters with the water attorneys that are before the Council concerning numerous lawsuits with Tenneco West. Councilman Thomas called attention to a fuel tanker truck which tipped over and caught fire at the intersection of Ming and South "H" Street on Saturday morning. The businessmen and residents of the area asked him to express their thanks to both the City and County firefighters for their courageous and heroic actions which controlled the fire. He moved that the Council go on record as commending both the City and County Fire Departments. Councilman Heisey agreed that the fire departments had done a great job. Councilman Bleecker stated that every member of the Council and all the people of the City appreciate the many things the Fire Department, the Police Department, the Public Works Department, secretaries in the City, do for the City every day. Bakersfield, California, December 17, 1973 - Page 10 135 He thinks this motion, even though it may be appropriate, may have something to do with the fact that these people elected Councilman Thomas to his seat; it is a matter of public knowledge. Even though what these firemen did may be extraordinary, in his opinion they would be a whole lot better off to stay out of politics and just keep on doing their job. He is going to have to oppose the motion for this reason. Councilman Thomas remarked he was only expressing the sentiments of the people in the area who had their property des- troyed or the businessmen whose property escaped the fire because of the prompt action of the two fire departments. He stated that he for one commends the fire departments for their action during the fire on Saturday morning, and then withdrew his motion. Councilman Medders stated he would have supported the motion and Councilman Thomas offered the motion again which was unanimously adopted. The Council then recessed for executive session at 8:50 P.M. cil, Adjournment. There being no further business to come before the Coun- the meeting was adjourned at 9:50 P.M. M 0 f t~akersfield, Calif. ATTEST: CITY CLERK and Ex'Officio~-~lerk ~f the Council of the City of Bakersfield, California