HomeMy WebLinkAboutJAN - MAR 1974136
Bakersfield, California, January:~1974
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chamber of
the City Hall at eight o'clock P.M., January 7, 1974.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation.by Vice-Mayor Walter
Heisey.
Present:
Absent:
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Medders, Rogers, Strong, Thomas,
Bleecker, Heisey
were approved
None
Minutes of the regular meeting of December 17,
as submitted.
1973
Presentation of Retirement Plaques.
Mayor Hart presented Retirement Plaques from the
Council to the following employees:
1. Captain James A. Dalley, Police Department,
who has completed 34 years service with the
City of Bakersfield
2. William Brown, Parks Superintendent Public
Works Department, who has completed 34
years service with the City of Bakersfield
3. Manuel P. Castro, Equipment Operator II,
Right of Way Maintenance of Public Works
Department, who has completed 24 years
service with the City of Bakersfield
Vice-Mayor Heisey presented Mayor Donald M. Hart with
a certificate of Appreciation from the City of Bakersfield for
five years of Loyal and Conscientious Service as Mayor which was
signed by all members of the Council.
Correspondence.
Upon a motion by Councilman Thomas, communication from
Mr. Robert B. Lumis refusing appointment as Interim Councilman for
the Seventh Ward due to new disclosure section of the Government
Code, was received and ordered placed on file.
Upon a motion by Councilman Rogers, letter submitting
resignation of C. Robert Frapwell as member of the Planning
Commission due to new disclosure section of the Government Code
was received and ordered placed on file.
Bakersfield, California, January 7, 1974 - Page 2
137
Councilman Strong moved that Mr. Clifford C. Strait be
appointed to fill the vacancy on the Planning Commission created
by the resignation of Mr. C. Robert Frapwell. Vice-Mayor Heisey
stated that he has voiced his high opinion of Mr. Strait many
times in the past; however, it has been more or less agreed due to
a request from the Planning Commission itself, to fill this par-
ticular vacancy by either an architect or an engineer. He pro-
ceeded to list the educational and business background of Mr.
Walter A. Smith, an engineer with the firm of Lusich and Smith
and Associates, and as a substitute motion nominated Mr. Smith to
fill the vacancy on the Planning Commission.
Councilman Thomas asked the City Attorney if the
Council is required to abide by a previously adopted Minute Order.
Mr. Hoagland replied that ordinarily, a Minute Order of
the Council concerning the conduct of business should be abided by
until it is altered.
Councilman Thomas then called attention to the Minute~
of meeting of December 18, 1972, at which time a Minute Order was
passed unanimously and was re-affirmed at meeting of January 8,
1973. Because of this Minute Order the matter of filling the
vacancy on the Planning Commission and issues of a similar nature
should be delayed at least one week for further study by all the
members of the Council. He asked Councilman Strong and Vice-Mayor
Heisey to withdraw their motions.
Councilman Strong quoted from an article in the Los
Angeles Times which stated that one of the reasons prompting the
new conflict of interest law was the make-up of Planning Commis-
sions throughout the country with membership drawn from architects,
lawyers, real estate brokers, contractors, etc., which makes some-
thing of a cluster, and, obviously, if these people were to get
together could present a potential conflict against the interests
of the people in the City. He feels that Mr. Strait, with all of
his experience, as a general contractor, would be an excellent
appointment to the Planning Commission and would also represent a
cross section of the entire community. He stated that he had no
objection to withdrawing his motion if Councilman Heisey would do
likewise.
138
Bakersfield, California, January 7, 1974 - Page 3
Councilman Bleecker stated he recalled the Minute Order
referred to by Councilman Thomas, as he had made the motion. It
was brought up specifically when the Council was asked to take
some action on several legislative bills proposed by the League
of California Cities. If it can be constru~ to apply to appoint-
ments made by the Council, the City Attorney will have to rule on
it.
Councilman Heisey asked Mr. Hoagland for his interpre-
tation of Councilman Bleecker's Minute Order.
Mr. Hoagland stated that when he was questioned earlier
by Councilman Thomas, he said that a Minute Order made by the
Council governing the conduct of its business is binding on the
Council until such time as it finds it necessary to change that
Minute Order. In his opinion, it would be to the interests of
the Council to look at the Minute Order and if it felt it wasn't
justified for all business, it can be amended accordingly.
Councilman Heisey stated if the Council wanted to
examine the Minute Order, he would withdraw his motion until later
in the meeting so the staff can interpret the Minute Order for the
Council. In his opinion it did not have any reference to appoint-
ments, it was strictly in regards to controversial legislation to
be considered by the State Legislature.
Councilman Thomas quoted Councilman Bleecker's motion
from the Minutes of December 18, 1972, "that any future recommend-
ations from the Legislative Committee be first placed on the Agenda
so that the Council, the public, and the news media may have the
opporturity to weigh the merits of such proposed legislation be-
fore any Council action."
Also, quoting from the Minutes of January 8, 1973,
Councilman Thomas stated that "Councilman Rees pointed out at a
recent meeting, upon a motion by Councilman Bleecker, the Council
adopted a Minute Order that any legislative matter be placed on
the Agenda so that the Council could study it before taking any
action. Councilman Bleecker stated that he would think the motion
he made at a previous meeting would encompass almost everything
that would be brought before the Council; however~ he can see
Bakersfield, California, January 7, 1974 - Page 4
139
nothing wrong in re-affirming the Minute Order that was passed
previously, that matters of a serious nature should be brought
to the Council's attention prior to a Council meeting. Council-
man Rees then offered a motion that any matter involving anything
controversial should be placed on the Agenda for Council consid-
eration prior to any Council meeting. Councilman Rucker offered
a substitute motion to amend the motion to read that any resolu-
tion, no matter what it pertained to, should be placed on the
Agenda prior to a Council meeting, to permit Council study before
any decision is made. After discussion, vote taken on Councilman
Rees' motion, with amendment by Councilman Rucker, carried unani-
mously."
Mayor Hart commented that Mr. Hoagland should be given
an opportunity to study the Minutes quoted by Councilman Thomas,
and the Council would come back to this action later in the meet-
ing.
Upon a motion by Councilman Bleecker, communication
from S. Del Rucker enclosing check in amount of $250.00 which
completed his pledge of $500.00 toward the furnishing of the
multi-purpose building in California Avenue Park, was received
and ordered placed on file, and the Mayor was authorized to send
Mr. Rucker a letter of thanks on behalf of the Council.
The City Clerk read a note from the National Run for
Freedom Committee expressing its thanks for the support of the
Council in its recent efforts and especially thanking Councilman
Heisey for helping oul as a "runner."
Council Statements.
Councilman Bleecker commented that he was glad the
disclosure law was brought up tonight as in his opinion it is one
of the most vicious pieces of legislation that has ever been
passed by the State of California, and hopefully it will be
amended. He then read the following prepared statement:
140
Bakersfield, California, January 7, 1974 - Page 5
It is indeed unfortunate the new state law re~
quiring unreasonable financial disclosure by
candidates for office and other appointed
officials has caused the withdrawal of Bob
Lumis and Bob Frapwell from public service.
Both men are imminently qualified. They
would have offered stature, independent reason-
ing and great fairness to deliberations and
decisions affecting the well-being of this
City
If this new law should not be amended in a
way that would allow reasonable privacy in
one's personal financial affairs, local
government can and will be seriously affected,
particularly, where the office calls for
part time service at little or no pay.
Business and professional people and others,
cannot afford and should not be required, to
divest themselves of their livelihood in
order to serve on City Councils and
Commissions. Neither can people afford full
time wages for part time service.
Taken to its ultimate bad ending, the new
law will create vast mediocrity in public
representation on the local level. Councils
and Commissions could be deprived of the exper-
ience, success and character of representation
by people sorely needed. Perhaps this is the
motive of all those in the State Legislature
who would weaken local Council's by design,
who would make themselves the puppeteers of
our destiny, havi~g systemically eliminated
anybody with prior personal achievement for
public office.
Perhaps the much talked about Police State
run by a coalition of socialists from both
political parties will be our destiny here
in California, as in fact it nearly is in
Washington. Each new oppressive law, each
new infringement on business, on labor, on
the individual, whether it be price controls,
wage controls or rationing, is clear evidence
this great country may not be great much
longer. The people must insist on a return
to reality, a re-investment in the funda-
mental idea that greatness equates directly
with the continued desire for practice of
freedom, and freedom in one's own personal
affairs also.
Reports.
Councilman Heisey, chairman of the Water and City
Growth Committee, stated he is pleased to move out of executive
sessions and get to the public forum of the City Council with
regards to Water. He commended the City Council for treating
the executive meetings with complete integrity, and he apologized
for an inexcusable breach of confidence by the staff resulting in
a news release last week, since he had personally told two other
members of the news media that no statement would be given ex-
clusively, but a general release would be made to all news media
at the appropriate time.
Bakersfield, California, January 7, 1974 - Page 6
Several years of effort are rapidly drawing to a
successful conclusion in negotiations. In years to come the
entire urban area will be grateful for what this Council has
done, and he hopes that the City will receive the enthusiastic
support of the Kern County Water Agency and all other agencies of
government that are interested in water and the present and future
welfare of urban Bakersfield. Procurement of State project water
covers the needs of urban Bakersfield up to the end of the century.
Procurement of Kern River water will take care of the water needs
past the middle of the next century.
Councilman Heisey then read a report of the Water and
City Growth Committee on the subject of Settlement of Lawsuits and
Operational Plan of the City of Bakersfield relative to Water, as
follows:
As a result of extensive negotiations with Tenneco West,.
Inc. on lawsuits filed by the City relative to water rights on the
Kern River the following settlement and operational plan for the
distribution of water acquired by the settlement is set forth:
The City of Bakersfield is acquiring from Tenneco West
and its subsidiaries the following proporties: (1) Kern Island
Water Company, (2) Kern River Canal and Irrigating Company, (3)
Tenneco West's rights to Kern River Water, (4) Approximately
2,760 acres of land along the Kern River between Renfro Road and
Interstate Highway 5, and (5) a certain amount of equipment and
rolling stock.
The acquisition of the Kern Island Water Company and
the Kern River Canal and Irrigating Company by the City of Bakers-
field will not result in any substantial change in the operation
of those utility companies. However, instead of being investor-
owned utilities under the jurisdiction of the State Public Util-
ities Commission, they will be operated by the City and be under
the jurisdiction of the City Council. No significant' rate in-
creases are contemplated but there will be rate increases from time
to time in order that the City will realize a reasonable rate of
return on those properties.
Bakersfield, California, January 7, 1974 - Page 7
The principal purpose of this report is to discuss the
availability of water under the Tenneco West, Inc. water rights
and the proposed disposition of that water under the ownership of
the City of Bakersfield.
The City of Bakersfield proposed to utilize the Kern
River Water supply which it is acquiring from Tenneco in conjunction
with the State Project water allocated to Improvement District
No. 4. Through water exchanges the plan will supply Improvement
District No. 4 with a better quality of water and at a lesser cost
as hereinafter discussed.
Through water exchanges the plan will provide Kern
River water to the proposed water treatment plant of Improvement
District No. 4. The balance of the Improvement District supply
would be percolated for replenishment of the groundwater basin to
completely fulfill the Kern County Water Agency Plan for the Im-
provement District.
The proposed Bakersfield plan presents obvious advant-
ages. The Improvement District would save the cost of transporting
more than one-half of its water supply through the Cross-Valley
Canal. It will also have the use of the better quality Kern River
water, thereby reducing the cost of treatment. The Improvement
District will derive additional revenues or reduced costs through
the rental of its unused capacity in the Cross-Valley Canal. It
would have Kern River water available in the event of any impair-
ment to deliveries of water through the State Aqueduct or the
Cross-Valley Canal.
The proposed plan offers savings, of significant impor-
tance at this particular time, of a large amount of electric
energy otherwise required for pumping about 50,000 or more acre-
feet per year through the Cro$s-Valley Canal.
Many agreements are now in process of negotiations with
the various entities involved in order to accomplish this plan.
As those agreements are formulated, they will be presented to the
Council for its review and adoption.
Bakersfield, California, January 7, 1974 Page 8
143
Councilman Heisey moved that the report be received and
adopted and that copies be furnished to the Kern County Water
Agency, the Board of Supervisors and other interested organizations.
This motion carried unanimously.
Appointment of Walter A. Smith as member of
the Planning Commission for term expiring
April l?, 1974.
Mayor Hart asked the City Attorney if he were ready to
make a recommendation on the Minute Orders under discussion earlier
in the meeting.
Mr. Hoagland stated that at the meeting of December 18,
1972, Councilman Bleecker made a motion that future recommendations
from the Legislative Committee be first placed on the Agenda so
that the Council, the public and the news media would have the
opportunity to weigh the merits of the proposed legislation. At
the meeting of January 8, 1973, there was some discussion regarding
what Councilman Bleecker's prior motion covered. Councilman Rees
broadened the motion to require all controversial issues be placed
on the Agenda for Council consideration. However, Councilman
Rucker commented that he thought Councilman Bleecker!s motion pro-
vided that any Resolution, no matter what it pertained to, should
be placed on the Agenda prior to the Council meeting. Councilman
Rees accepted the substitute motion by Councilman Rucker, and it
was passed in that form. It would provide that any Resolution
coming before the Council should be placed on the Agenda for con-
sideration by the Council. In order to clear up any ambiguity,
he would think that the Council should rescind these Minute Orders.
Councilman Bleecker stated the original intent was
quite clear in that it had to do with matters brought to the
Council by the Legislative Committee. He doesn't see how the
Council can say that every matter has to be on the Agenda, some-
times things are of an emergency nature, and if the motions by
Councilman Rees and Councilman Rucker were followed to the letter,
it would prohibit passing any emergency measures. He then moved
that Councilman Rees' motion and Councilman Rucker's substitute
motion be rescinded.
144
Bakersfield, California, January 7, 1974 - Page 9
Councilman Thomas stated that he had requested a week's
delay when two appointments were made in December, which was de-
nied. All he is asking now is that the appointment to the Planninlg
Commission be deferred until he has time to review the candidates
and make up his own mind.
After general discussion and further explanation by the
City Attorney, Councilman Thomas offered a substitute motion to
Councilman Bleecker's motion, that the Council adopt a Minute
Order to the effect that any appointments made by this Council will[
be placed on the Agenda a minimum of one week prior to action
being taken by the Council.
Councilman Bleecker stated this is not a proper substi-
tute motion according to Mason's Rules of Order, as his original
motion had nothing to do with making appointments.
Councilman Thomas withdrew his first substitute motion
and made a second substitute motion to rescind the previous Minute
Orders as stated in the minutes of the January 8, 1973 meeting
and add that "any nomination made by this Council be put on the
Agenda one week prior to action being taken by this Council."
Councilman Bleecker called for a division of the
question.
Councilman Medders commented that it appears to him
neither of the previous Minute Orders had anything to do with
appointments.
Vote taken on motion to rescind action by Councilman
Rees and Councilman Rucker regarding Minute Orders adopted at
meeting of January 8, 1973, carried as follows:
Ayes: Councilmen Medders, Rogers, Strong, Bleecker, Heisey
Noes: Councilman Thomas
Absent: None
After discussion, vote taken on substitute motion by
Councilman Thomas that the Council adopt a Minute Order to re-
quire that any appointment by the Council be placed on the Agenda
a week
Ayes:
Noes:
Absent:
in advance, failed to carry by the following roll call:
Councilmen Strong, Thomas
Councilmen Medders, Rogers, Bleecker, Heisey
None
Bakersfield, California, January 7, 1974 - Page 10
14.5
Vote taken on Councilman Heisey's previous substitute
motion to appoint Mr. Walter A. Smith as a member of the Planning
Commission to fill the vacancy created by resignation of Mr. C.
Robert Frapwell for term expiring April 17, 1974, carried by the
following roll call:
Ayes: Councilmen Medders, Rogers, Bleecker, Heisey
Noes: Councilman Strong
Absent: None
Abstaining: Councilman Thomas
Consent Calendar.
The following items were listed on the Consent Calendar::
(a) Allowance of Claims Nos. 1691 to 1875
inclusive, in amount of $154,589.37
(b) Claim for damages from Walter G. Truas
(Refer to City Attorney)
(c) Street right of way Deeds from Sue A. Signor
and Walter W. and Beth B. Harper
(d) Street right of way Deed from ADNAC
Development Company
(e)
Plans and Specifications for Fence Alterations
on South "H" Street between Belle Terrace and
Ming Avenue
(f) Notice of Completion for Street Improvements
in Tract 3623
(g)
Adoption of Resolution No. 1-74 of the Council
of the City of Bakersfield making finding
that Tentative Tract 3656 (Resubmitted) together
with provisions for its design and improvement,
is consistent with applicable general and
specific plans
(h)
Adoption of Resolution No. 2-74 of the Council
of the City of Bakersfield making finding
that Tentative Tract 3621 (Resubmitted), together
with provisions for its design and improvement,
is consistent with applicable general and specific
plans. This tentative tract is located on the
southeast corner of Oswell Street and Glenbrook
Avenue
(i)
Adoption of Resolution No. 3-74 of the Council
of the City of Bakersfield making finding
that Tentative Tract 3680 (Revised), 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), (f), (g), (h), and (i) of the Consent Calendar, were
adopted by the following vote:
Ayes: Councilmen Medders,
Heisey
-Noes: None
Rogers, Strong, Thomas, Bleecker,
Absent: None
146
Bakersfield, California, January 7, 1974 - Page 11
Re-appointment of Kenneth J. Hoagland as
Member of the Board of Zoning Adjustment.
Upon a motion by Councilman Medders, Kenneth W. Hoagland
was re-appointed as member of the Board of Zoning Adjustment for
three year term expiring December 1, 1976.
Action on Bids.
Upon a motion by Councilman Medders, bid of Rose Chemical
for Annual Contract for Water Treatment Chemicals was accepted,
all other bids were rejected, and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Medders, bid of Indicator
Controls Corporation for Signal Modification Kits was accepted
and the other bid was rejected.
At this time the Council considered recommendation on
bids for 17 intermediate class automobiles which were opened and
summarized on December 20, 1973. These bids were for 16 Police
Vehicles and one Public Works Vehicle. City Manager Bergen read
a memorandum from R. O. Price, Chief of Police, dated January 7,
1974, on the subject of Request for Additional Police Patrol Units,
as follows:
In this last fiscal year we budgeted for fourteen
police cars, three three-wheel motorcycles, and
one two-wheel motorcycle on the standard replacement
allocation. It is my understanding that tonight
the fourteen police cars are going to be let out
to bid and that in the future the bid for cars will
be considerably higher.
With the advent of the re-organization, we had planned
to double up our police units, thereby, of course,
decreasing the total number of units in the field
until the next budget year when we would ask to replace
several of the motorcycles (which will no longer be
needed with the reduction of the Traffic Division)
with patrol cars. However, the Council may want to
consider replacing some of these units now to take
advantage of a lower price per police unit than they
will cost bid at a later date.
Therefore, if possible, I would propose that we not buy
the three-wheel motorcycles and the one solo motorcycle
budgeted for this year and use that money, which is in
the vicinity of $8300, towards the purchase of five
additional patrol cars, at about $3,800 each. We will
then in the next budget year ask to trade in four
additional motorcycle units and budget for five addi-
tional patrol units. This means that by the end of
1974-75 budget year we will have traded in eight pieces
of rolling stock and requested ten.
Bakersfield, California, January 7, 1974 - Page 12
147
As stated, we planned to operate without doing this
at the present time but if we can obtain the five
additional patrol units immediately, this will mean
that during the peak hours of patrol we will have
five additional units on the street and, of course,
when we have the other five units from the next budget
year, we will have during the peak hours a total of
ten additional patrol units on the street. It is
vital to the team policing concept that we have the
maximum number of patrol cars available for coverage.
Therefore, if the Council would see fit, I propose
that we in addition to the fourteen police units
which are up for bid tonight, purchase an additional
five, making a total of nineteen patrol units. We
will then budget for the other five in the next fis-
cal year. If the Council decided that they wished
to buy all ten of them at this time, this, of course,
would result in a price advantage to the City and would
allow us to operate at full force that much sooner.
But we will operate in any manner that the Council
sees fit.
It should be noted that by the elimination of the
eight motorcycle units, this will leave the City
with a traffic enforcement force of seventeen solo
motorcycles, fifteen in the field with two spares,
and four car markers, three in the field with one
spare. This is the minimum number of motorcycle units
the City should have to maintain any kind of an ef-
fective traffic enforcement program, but it is an
adequate number to have a good traffic enforcement
program. It will.increase our patrol fleet of sedans
from 43 to 53, which, barring sickness, vacations,
etc. at any one time all fifty-three units could be
on the street on patrol.
When we proposed the reorganization, we did not pro-
pose any additional equipment as we were not aware
that we would be able to get the additional manpower
onto the streets this soon. It was assumed that it
would take about six months to one year to become
fully operational, but it appears now that if we had
the patrol units available we would be able to give
the additional coverage. This is the reason for
this request in advance of the next budget year.
We proposed to liar the previously mentioned eight
pieces of equipment (five solo motorcycles and
three three-wheel motorcycles) for auction, with
an anticipated value of $5,500. The net cost to
the City to purchase 10 cars would amount to
$31~270. Sufficient funds are contained in
reserve funds to make this purchase at this time,
if the Council so:desires.
Councilman Bleecker stated that he has been familiar
with the team policing concept for some time which is one that
is being used more and more throughout the country and promotes
crime prevention instead of criminal apprehension. Since the
funds are available and from the standpoint of certain savings
which can be made, he suggested that the Council purchase the
ten additional police patrol units at this time.
148
Bakersfield, California, January 7, 1974 - Page 13
Councilman Rogers asked what the savings would be if
the ten additional cars were purchased. Mr. Bergen stated the
present increase is $200 per unit, but it would be difficult
for him to determine what the increase would amount to if the
Council waited until June to buy these cars.
Councilman Heisey asked Mr. Bergen for his comments
and he recommended purchasing the ten additional units. It
will be necessary to transfer the funds from the Council's
Contingency Fund for this purpose.
Councilman Bleecker then moved that the Council
purchase the ten additional automobiles. Councilman Thomas
reminded him that the actual bid would include 27 cars, the
ten additional cars plus the original 17 referred to on the
Agenda.
Councilman Heisey commented it would appear to him
it will be necessary to hold this over and put it out to bid
again. Mr. Bergen suggested that the Council approve purchasing
the additional units subject to getting the purchase cleared,
and a report will be made to the Council at the next meeting.
After general discussion, Councilman Bleecker amended
his motion to purchase 27 intermediate class automobiles sub-
ject to confirmation and report by the staff. This motion
carried unanimously.
Reception of Certificate of City Clerk of
Sufficiency of Petition asigned by 583 persons
claiming to be registered qualified electors
residing within the Seventh Ward of the City
of Bakersfield asking that the Council fill
the vacancy created by the resignation of
Mr. Robert N. Whirremote, by calling a Spec-
cial Election for Councilman in the Seventh
Ward.
A petition signed by 583 persons claiming to be regis-
tered qualified electors residing within the Seventh Ward of the
City of Bakersfield asking that the Council fill the vacancy
created by the resignation of Mr. Robert N. Whirremote, by
calling a Special Election for Councilman in the Seventh Ward
was filed with the City Clerk.
Bakersfield, California, January 7, 1974 - Page 14
149
Number of Votes cast at the last election
for Councilman in the Seventh Ward 1359
25% of Votes cast necessary to certify
the petition. 339
Number~ of signatures on petition meeting
requirements of Section 16 of the Charter. 491
Certificate of City Clerk of Sufficiency of the petition
and the petition itself were received and ordered placed on file.
Councilman Rogers commented on the proposed dates for
setting the election to fill the vacancy on the Council in the
Seventh Ward, stating that there are approximately 30 and 60 days
between the suggested dates and the June 4th primary. Many people
have complained to him that they felt the City should make an
effort to consolidate its elections with those of the County,
thereby saving the taxpayers time and money.
He then moved that the proposed Resolution and order of
the Council be deferred until February 4, 1974 in order to con-
solidate the election with the June 4th Direct Primary.
Councilman Thomas pointed out the disadvantage to a
candidate of being elected at the June 4th Direct Primary who
would have only a week or two before City budget sessions to
acquaint himself with the budget for his ward. He then moved that
the Resolution and Order calling a Special Election to fill a
vacancy on the Council of the City be adopted setting date of
April 9, 1974 for holding the election.
Mr. Fred Ward representing the Bakersfield City Employ-
ees' Association, asked to address the Council stating that he
has appeared on this subject before and he feels that the voters
in this Ward are entitled to representation as early as possible.
The cost of holding this Special Election is very nominal. It
would be the fair and democratic way to hold the Special Election
in April rather than to consolidate it with the June Direct
Primary. It is very important for the candidate elected to have
the advantage that the other members of the Council have for
consideration of the important budget matters for the ensuing
fiscal year. He therefore urged that the Council hold a Special
150
Bakersfield, California, January 7, 1974 - Page 15
Election in April as requested in the petitions signed by the
residents of the Seventh Ward.
Vote taken on Councilman Thomas' substitute motion to
adopt the Resolution calling for a Special Election to be held
on April 9, 1974 failed to carry by the following roll call vote:
Ayes: Councilmen Strong, Thomas
Noes: Councilmen Medders, Rogers, Bleecker, Heisey
Absent: None
Councilman Roger' motion to consolidate The Special
Election for filling the vacancy in the Seventh Ward of the City
carried by the following roll call vote:
Ayes: Councilmen Medders, Rogers, Bleecker~ Heisey
Noes: Councilmen Strong, Thomas
Absent: None
Approval of Cooperative Agreement between
the City of Bakersfield and the State of
California for modification of certain
Traffic signals in the City.
After discussion, upon a motion by Councilman Bleecker,
Cooperative Agreement between the City of Bakersfield and the
State of California for modification of traffic signals at
certain intersections in the City was approved and the Mayor was
authorized To execute same. Signals are located at the following
intersections:
Union Avenue at California Avenue, 18th, 19th,
and 21st Streets.
Golden State Avenue at 24th, "Q", "M", 28th, and
"F" Streets.
Director of Public Works Bidwell explained that the
City's share of $18,000 will be budgeted from Gas Tax Funds.
Approval of the agreement will get the paper work started when the
budget is reviewed by The Council, and it will be one of the items
that it has been agreed will be included in the 1974-75 budget.
It is pretty much a standard arrangement with the State To enter
into Cooperative Agreements for the modification of Traffic signals
under the STate's jurisdiction.
Bakersfield, California, January 7, 1974 - Page 16
Councilman Medders asked Mr. Bidwell the status of the
plans for bicycle trails in the City; he has had many inquiries
from people who are interested in taking up bike riding. He
asked if the City was making any kind of study along these lines.
Mr. Bidwell stated it has been some time since any
action was taken, the Traffic Authority did make a survey over a
year ago when some interest was expressed in bike trails. At
that time they reviewed it with the idea of selecting the most
desirable route from the northeast part of the City to Cal State
University on Stockdale Highway.
that it would only be marked as
lanes reserved for bicycles, as
The intent at that time was
a bike route and the end travel
is done in other places in the
Country. They did select a route, had it mapped out, but it
hasn't been implemented to any degree. Mr. Bidwell stated it
would have to be something that could be signed so that the route
could be adopted for bike purposes. Councilman Medders asked that
a report be made to the Council on this next week.
Councilman Heisey stated he has had numerous inquiries
on the same subject. About a year ago Judge Earl Gibbons headed
up a drive to get a bike trail from Hart Park to Cal State
University which was to proceed primarily along the river or
canals, mostly in County area, but there would be access to some
points in the City. He asked that data be included on this in the
report made to the Council next week.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Medders, the meeting was
MAYOR, rsfield, Calif.
ATTEST:
CLERK and Ex-Off of the Council
of the City of Bakersfield, California
Bakersfield, California, January 14, 1974
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M., January 14, 1974.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Bennie
Blair of the Zion Hill Baptist Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Rogers, Strong, Thomas, Heisey,
Medders
Councilman Bleecker
Absent:
Minutes of the regular meeting of
approved as presented.
Scheduled Public Statements.
Mrs. Lillian Edmonds, regional representative of
January 7, 1974 were
the
National Women's Political Caucus, addressed the Council relative
to the appointment of women to City Boards and Commissions. She
stated that this organization wishes to salute the Council for its
efforts, as their audit reveals that several women have been
appointed to serve as members of City boards and commissions
within the last year. As there are several upcoming appointments,
she asked the Council to furnish the group with the qualifications
necessary to serve, as they wish to recommend qualified women for
the Council's consideration when the appointments are made.
Councilman Rogers commented that people were not
appointed to the Boards
women, but appointments
qualified to serve. He
and Commissions because they are men or
are based on whether or not they are
is certain the Council will welcome re-
ceiving the names of any qualified people for consideration at the
time appointments are made to the various city boards and commis~
sions.
Mrs. Ann Monroe, who resides at 236 Stine Road, read an
editorial which appeared recently in the Bakersfield Californian
Newspaper on the subject of "Time for a Change." She expressed
her opposition to regional government, daylight-saving time,
raises for City employees, and urged the Council to read the
Constitution of the United States, take stock of themselves and
vote to save the Country, as there is a great need for patriotic
politicians.
153
Bakersfield, Catifornia, January 14, 1974 - Page 2
under control,
of control, it
the government
Federal constitution or the constitutions of
word "democracy" be found.
Mr. Thomas Ashley, deputy district
six county area included in Department VI
Department of Transportation, stated that
to the City Council on December 27, 1973,
effort in which the California Department
Councilman Rogers commented that he very strongly
seconds Mrs. Mouroe's statement. When the government was first
formed, it was done with the idea that it was to be the servant of
the people. Government is very much like fire, as long as it is
it is a very useful servant, but once it gets out
can become a fearful master. He pointed out that
is a constitutional republic, nowhere in the
the 50 states can the
director of the
of the California
a letter was addressed
calling attention to the
of Transportation is
engaged in preparing a plan'for meeting the air quality standard
established by the U.S. Congress. Clean Air standards have been
established for the air basins of the State and the nation by the
Clean Air Act of 1970, which was passed by Congress and included
very stringent air quality standards. It required the States to
submit plans for meeting the clean air standards required by the
Environmental Protection Agency. The State of California has
submitted its third plan all of which have been rejected by the
EPA for the reason that they did not insure that the Clean Air
Standards be met, because those plans did
life style changes that would be required
As the State of California had
not include the drastic
to meet the standards.
failed to submit a plan
which was acceptable to EPA, on November 12, 1973 the Environmental
Protection Agency published in the Federal Register the Approval
and Promulgation of Implementation Plans for the California
Transportation Control Plan and the State's five air basins. Kern
County is in the San Joaquin Valley air basin. The EPA calculated
that in order to meet this very strict air standard beyond the
controls of fixed sources, it would be necessary to reduce the
use of the automobile, which has been identified as one of the
major sources of air pollution.
154
Bakersfield, California, January 14, 1974 - Page 3
The California Department of Transportation, CALTRANS,
.was assigned the responsibility of preparing a substitute plan to
submit to EPA and place in effect a plan which is more acceptable
to Californians. CALTRANS has taken this very seriously but do
not want to prepare a plan that is strictly its plan. The best
opportunity for California to influence the Congress and the EPA
is to develop a coalition effort in its air basins to have a
grass roots approach to a plan for improving the air quality.
Therefore, they are requesting that the Council appoint an
appropriate member of its staff to meet and work with other repre-
sentatives of local governmeats throughout the air basin to
attempt, on a fairly regular meeting basis in the next three to
six months, to develop alternate control plans for the San Joaquin
air basin.
The proper representation for the City would be some-
one involved with transpor$~tion on the City government staff
such as the Public Works Director or a key member of his staff.
Mr. Ashley stated he is not expecting an answer tonight but is
hoping to form this coalition in the near future and to have the
first meeting~in February.
City Manager Bergen asked Mr. Ashley' if it would be
appropriate for the Council to appoint two members to the coalition
and Mr. Ashley stated there would be no problem. Mr. Bergen re-
commended appointing the Director of Public Works and the Planning
Director, as both were members of what was formerly referred to as
the Technical Coordinating Committee.
Councilman Rogers commented that 'it appears to him
before the State of California makes an effort to come up with a
plan which would be acceptable to the Federal Government, that
it should try to get the Clean Air Act of 1970 repealed, so that
the State of California could go about solving its own problems.
He asked Mr. Ashley if anything has been done along those lines.
Mr. Ashley replied that there has been a great deal of
effort and he is confident that Congress will reconsider its action.
Bakersfield, California, January 14, 1974 - Page 4
155
From what he understands, the efforts of coalitions can be very
influential in establishing the direction Congress will take. All
the avenues suggested are the kind which the coalition can discuss,
as it is his feeling the sky is the limit as to what the coalition
might come up with as its recommendation. The State of California
has initiated some action to test the legality, the constitutional-
ity of the EPA or Congress's action in setting up the law whereby
EPA could require this.
Councilman Rogers asked if the Council should wait to
see if the law is declared unconstitutional before forming a
coalition and appointing representatives, and Mr. Ashley stated it
is certainly an option open to the Council.
Councilman Heisey commented that he is concerned that
this coalition will be made up of staff members and not of politi-
cal members. If men such as Councilman Rogers are on this con,mir-
tee and part of the coalition, he can see where it would be a very
vigorous thing in protecting the City's rights. If a staff man is
on this coalition, he is more inclined to get the job done by
coming out with a program that he can recommend and see carried
out. He feels it should be given more concern than just appointin8~
a couple of staff men to serve on this coalition, and requested
the staff to submit additional information to the Council, such
as the contents of the original Bill, how the City's Congressman
has voted on it, and perhaps the City itself should direct corres-
pondence to the Legislature in Washington and put some effort and
emphasis on changing the Clean Air Bill which has already been
adopted and passed.
Councilman Thomas stated that the League of California
Cities, San Joaquin Division, has asked him to serve on an ad hoc
committee dealing with EPA problems. He is sure through the staff
and him working on this problem that sufficient information can
be obtained to furnish to the Council for review.
156
Bakersfield, California, January 14, 1974 - Page
Mr. Bergen stated that at the time the Council decides
to make a staff apointment, a status report can be requested of
every meeting so that the Council will be kept fully aware of
what is going on and any time it is felt appropriate to take some
action either by resolution or by any other form, it could be
done.
Councilman Heisey commented that it isn't necessary to
take any action tonight, that can be done later.
Correspondence.
An invitation from the Housing Authority of the County
of Kern was extended to the Mayor and members of the Council to
attend a get acquainted tea on January 21, 1974 from 2 to 4 P.M.,
for the tenants of forty one-bedroom apartments which have been
completed by the Housing Authority at 1841-1849 Golden State High-
way.
S. Wilder,
The City Clerk read
Jr., vice-president
a copy of a communication from Philip
in charge of the California State
College, Bakersfield, addressed to Chairman Vance Webb of the Kern
County Board of Supervisors, requesting the Board to continue its
efforts to provide safe bicycle access to the campus for the
staff and students attending the college.
Reports.
Councilman Medders, member of the Business Development
and Parking Committee, read a report on the subject of Decorative
Traffic Control Structures - Downtown Mall, as follows:
The Business Development and Parking Committee has held
several meetings with the representatives of the Downtown Business
Association in regard to the construction of permanent decorative
traffic control structures in the downtown parking mall, and as a
result of these meetings, are in complete agreement as to the de-
sign, location and financing of these structures.
The proposed agreement stipulates that the City will
remove the existing barricades, construct permanent decorative
structures for an estimated cost of $48,000, and maintain these
structures. The Downtown Business Association has agreed to pay
one half of the total cost of the structures in amounts of $3,000
Bakersfield, California, January 14, 1974 - Page 6
157
per year, and will be responsible for the removal of litter in or
around these structures.
The Business Development and Parking Committee is rec-
commending that the Council approve the design of these decorative
traffic control structures, approve the aggreement with the Down-
town Business Association, and authorize the Mayor to execute the
Upon a motion by Councilman Medders, the report was
Agreement.
adopted.
(d), and
vote:
Ayes:
Noes:
Absent:
Consent Calendar.
The following items were.Listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1876 to 1961,
inclusive, in amount of $63,668.04
(b) Claim for damages from Edmond (Mondo) and
Mary Victoria Fabela (Refer to City Attorney)
(c) Claim for damages from A1 Haas, 2441B Olive
Street (Refer to City Attorney)
(d) Street Right of Way Deed from St. Johns Lutheran
Church of Bakersfield
(e)
Plans and Specifications for the construction of
an irrigation line to serve a portion of the
Municipal Farm near Treatment Plant No. 2
Upon a motion by Councilman Strong, Items (a), (b), (c),
(e) of the Consent Calendar, were adopted by the following
Councilmen Rogers, Strong, Thomas, Heisey, Medders
None
Councilman Bleecker
Action on Bids.
At this time the Council discussed the award of contract
for the construction of Aeration System and Modification of Stabil-
ization Ponds at Wastewater Treatment Plant No. 3. The low bid
received was submitted by Lumsdaine Construction, Inc. of Huntington
Beach, California. One bid did not qualify because the proposal
was submitted with a condition for use of an alternate system which
had not received the approval of the City Engineer prior to receipt
of bids as required by the specifications.
Mr. Dick Walker, General Manager of KBJ Engineering, Garden
Grove, California, addressed the Council, stating that they were
apparently the low bidder for this particular project with the ex-
ception of a prequalification situation. He explained that his
158
Bakersfield, California, January 14, 1974 - Page 7
company was notified along with other bidders in southern Califor-
nia on December 28, 1973, that these City of Bakersfield bids were
to be opened on January 8, 1974. They obtained the bid forms and
specifications but only had 5½ working days to prepare the bid.
The City's specifications called for one manufacturer of an aera-
tion system, the Hinde Corporation, or equal, to be installed.
However, his company found that if this aeration system were used,
the project would exceed the budget by 45%. They were contacted
by the Polcon Corporation, who has installed in excess of 200
aeration systems in the United States and Canada. This system
met every specification, exceeded some of them, is simpler and
easier to maintain, and would have been of tremendous savings to
the City. Consequently, they named this company in their bid in
order to come as close as possible to the alloted budget stipula-
ted by the City. He stated that the 55 days that the City allowed
was not enough time to make the five day prequalification on this
aeration system. They feel that a $35,000 savings to the City
plus a system that is greatly simplified over what was specified,
should be considered by the City and Mr. Walker asked the Council
and the Public Works Department to give consideration to their
low bid for the project.
In reply to a question from Councilman Rogers, Director
of Public Works explained that the bids were advertised December 11,
1973 in northern California. The Dodge "green sheet" publication
which specializes in advertising bids for this type of project in
southern California, did not carry the item until December 28,
the date KBJ Engineering first was notified that the bids would be
opened on January 8, 1974.
Councilman Rogers asked Mr. Bidwell to comment on
whether or not in his opinion the Hinde system would be accepta-
ble, and Mr. Bidwell stated this was the one designated in the
specifications for the project. Councilman Rogers asked if the
Polcon system would be acceptable for the installat'ion and Mr.
Bidwell stated that this was the reason for the requirement that
Bakersfield, California, January 14, 1974 - Page 8
159
they have a chance to evaluate it before the bids were opened.
Councilman Heisey stated that it would appear to him
a 30 day delay would not be out of order to give the Public Works
Department the opportunity to evaluate the Polcon system offered
by KBJ Engineering, inasmuch as it would result in a possible
savings of $35,000. Mr. Bidwell stated lhe bid did not meet the
specifications which required that if the system was not equal to
the one specified, the alternate system was to be submitted five
days prior to the bid opening so tha& if could be evaluated. As
this was not done, if is not an acceptable bid.
Councilman Heisey commented if the Public Works Depart-
ment has not evaluated the alternate system, he would be inclined
to give them time to evaluate it and rebid the project. Mr.
Bidwell stated they have not evaluated it to the point that they
are convinced it is equal or not. There has been some evaluation
made, and based on what they have seen, they still make the recom-
mendation on the bid as outlined in the agenda.
Councilman Heisey asked why the information was not
sent out to the Dodge sheet earlier. Mr. Frank Casey of the
Purchasing Division, explained that the bid advertisement was
given to the local representative of the Dodge "green sheet" on
December 11, but due to the loss of the maferial in the head office,
it was not included in the publication until December 28. The
Purchasing Division has done everything possible to circulate the
material to the contractors.
Councilman Heisey contended it was a very short period
of time for a contractor to prepare a bid on a half million dollar
project.
Councilman Strong asked Mr. Hoagland what the legal
position of the City was since all the contractors had made their
bids and the bid figures were public knowledge. Mr. Hoagland
stated that either the Council accepts the low bid of Lumsdaine
Construction, or it must reject all of the bids and re-advertise.
160
Bakersfield, California, January 14, 1974 - Page 9
Mr. Bidwell stated that it is not uncommon to delay
bids if something unusual comes up, if a telephone call had been
made informing his department that there was a problem regarding
the prequalification requirement, they probably would have delayed
the bids to allow sufficient time to review the specifications of
the alternate system and the bid would have been in order in that
case.
Councilman Heisey asked how critical the time element
is, and Mr. Bidwell stated the time element is very critical,
they feel they should start the project as soon as they possibly
can.
Mr. Hoagland commented that they do not advertise
projects in newspapers throughout the state, but they do make an
effort to see that the bid information is advertised in news media
such as the Dodge sheet, which is published throughout the state.
Councilman Thomas asked Mr. Hoagland if publishing the
notice of bid in the local Bakersfield Californian is legally
sufficient, and Mr. Hoagland stated that it was all that is
required by city ordinance,
of general circulation.
After additional
to be published in a local newspaper
general discussion, Councilman Heisey
stated that although he thinks the staff was derelict in not
allowing more time for the contractors to submit the bids in view
of the holiday period,
successfully got their
along with the staff's
he noted that seven out of eight bidders
bids in on time. He is inclined to go
recommendation that this project not be
delayed, as it has already been held up too long, if these bids
hadbeen advertised a couple of months ago, the City could have
probably saved itself a considerable amount of money. If it is
delayed another 30 days, the City might save 5% by using an al-
ternate aeration system. In view of this, he moved that the low
bid of Lumsdaine Construction, Inc. be accepted, all other bids be
rejected, and the Mayor authorized to execute the contract. This
motion carried unanimously.
Bakersfield, California, January 14, 1974 - Page 10
Upon a motion by Councilman Medders, the previous low
bid of Three Way Chevrolet for one Public Works vehicle was ac-
cepted, both previous bids for police type v~hicles were rejected,
and the Finance Director was authorized to re-advertise for bids
on the 26 police cars which specify both minimum and maximum re-
quirements. The Finance Director was authorized to transfer the
necessary funds for the purchase of the 10 additional units from
the Council's Contingency Fund.
Proposed Ordinance of the Council of
the City of Bakersfield amending
Section 4.06.040, 4.18.080 and 4.16.030
of the Municipal Code, concerning Fee for
Filing Nomination Papers for Mayor and
Councilman referred to the Budget Review
and Finance Committee for study and report.
Upon a motion by Councilman Thomas, proposed Ordinance
of the Council of the City of Bakersfield amending Sections 4.06.040,
4.18.080 and 4.16.030 of the Municipal Code, concerning Fee for
Filing Nomination Papers for Mayor and Councilman, was referred to
the Budget Review and Finance Committee for study and report.
Adoption of Resolution No. 4-74 of the
Council of the City of Bakersfield authorizing
the Purchasing Division to purchase Fuels,
Lubricating Oils and Road Oils on the Open
Medders,
Market.
After general discussion,
Resolution No. 4-74 of the
upon a motion by Councilman
Council of the City of Bakers-
field authorizing the Purchasing Division to purchase Fuels, Lubri-
cating Oils and Road Oils on the open market was adopted by the
following vote:
Ayes: Councilmen Rogers, Strong, Thomas, Heisey, Medders
Noes: None
Absent: Councilman Bleecker
This resolution is to be in effect until such time as
a firm bid can be obtained from the suppliers of these products.
Mr. Frank Casey of the Purchasing Division stated the
City's Fuel contract terminates the end of January, credit cards
have been re-issued at comparable prices. The City's Road Oil and
Lubricating Oil contract will be terminated by the end of February.
At that time the Purchasing Division will go on the open market and
purchase at the best prices it can negotiate.
162
Bakersfield, California, January 14, 1974 - Page 11
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Medders, the meeting was
adjourned at 9:15 P.M.
ATTEST:
MA~~ y of B~d
CI K an - i rk of the Council
of the City of Bakersfield, California
Bakersfield, California, January 21, 1974
163
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., January 21, 1974.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Leslie
Bearden of the First Church of the Nazarene.
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Strong, Thomas, Medders, Rogers
Councilmen Bleecker, Heisey
Minutes of the regular meeting of January 14,
Present:
Absent:
approved as presented.
Presentation of Retirement Plaque.
Mayor Hart
Horsley, Public Works
service with the City
1974 were
presented a retirement plaque to Arthur L.
Department Foreman, who completed 24 years
of Bakersfield effective January 19, 1974.
Scheduled Public Statements.
Due to illness, Mrs. Elizabeth Van Alstyne who had
requested to address the Council for the purpose of presenting a
resolution on regional government, was unable to attend the Council
meeting. Mrs. Van Alsfyne, who lives in Councilman Bleecker's
ward had asked him to read the resolution, but he was absenf from
the Council meeting.
Councilman Rogers stated that Mrs. Van Alstyne then
called upon him to present the resolution. He addressed the
Council from the podium as a concerned citizen, rather than from
his seat as a Councilman, and read the resolution passed by the
Board of Supervisors of E1 Dorado County in October, 1973, a
portion of which, for ease of reference, is included in the Minutes.
WHEREAS, the E1 Dorado County Board of Supervisors
is on record affirming support of the principle of
local representative government, elected by popular
vote of citizens governed; and
WHEREAS, E1 Dorado County, through the use of existing
methods and structures of government, has demonstrated
that cooperation with neighboring counties and cities
can solve mutual problems; and
164
Bakersfield, California, January 21, 1974 - Page 2
WHEREAS; there is increasing evidence of a deter-
mined effort toward regional redistricting as a
substitute for such cooperation, which effort does
not originate at the local level, and appears to be
developing into a direct attack on the autonomy of
City and County government; and
WHEREAS, under the direction o£ the California Council
on Intergovernmental Relations (an appointed body),
the State has been divided into arbitrary multi-
county regions, (substate regionals), presumably with
appointed regional councils replacing authority pre-
viously and properly reserved to elected municipal
and county officials; and
WHEREAS, those substate regionals are intended to
become local agencies for the administration of
state and federal programs, and will not represent
the citizens in the local areas; and
WHEREAS, this movement is not confined to the State
of California, but is taking place in other states
as well, and all such substate regionals interlock
with the division of the United States into Ten
Standard Federal Regions, as mandated by the
President in an Executive Order #11647, February
1972, which placed California with Nevada and Arizona
in "Region Nine" without the knowledge or consent of
the citizens; and
WHEREAS, it would appear that EO #11647 is in direct
violation of Article IV, Sections 3 and 4 of the
Constitution of the United States and of the Tenth
Amendment, as well as Article I, Sections 2, 22, 23,
and Article 3, Section 1 of the California Constitution::
and ·
WHEREAS, the evident goal of the regionalization of
local, state and federal governments is centralization
of power and authority, which rightfully and
constitutionally belongs to these several governments;
and usurpation of the rights and freedoms of the
citizens which are guaranteed by the Constitution of
the United States and the Constitutions of the several
states, including the State of California;
NOW, THEREFORE, BE IT RESOLVED, by the Board of Super-
visors of the County of E1 Dorado in the State of
California, that the evidence in support of the above
recitals is sufficiently strong to warrant immediate
action, copies of this resolution to be sent to the
Boards of Supervisors of all the counties of the State
of California and to the County Supervisors Association
of California; and
That the Boards of Supervisors of the other counties be,
and they are hereby requested to join with the E1
Dorado County Board in demanding of all persons res-
ponsible that no further action of any nature whatso-
ever be taken on any phase of this substate redis-
tricting until such time as there can be a determina-
tion made of the desires and will of the several
counties and their citizens with regard to its continu-
ance, and to use every means available to them to
manifest the urgency of this matter and to inform
their citizens of this concern,
And that copies of this resolution be sent to
representatives in both the State of California and
the United States, Senators and Congressman, the
Governor and Lieutenant Governor of the State of
California.
Bakersfield, California, January 21, 1974 - Page 3
Correspondence.
Upon a motion by Councilman Thomas, advise letter to
Public Utilities Commission from the California Water Service
Company regarding an Offset Rate Increase of 3.4% within Bakersfield
District to cover seven P. G. & E. power increases since rates
were last set, was received and ordered placed on file.
Reports.
Upon a motion by Councilman Medders, Annual Report for
1973 of the Miscellaneous Departments Civil Service Board was
received and referred to the Governmental Efficiency and Personnel
Committee for study. The Mayor was requested to send a letter of
thanks and commendation to the members of this Civil Service
Board for giving so freely of their personal time in serving on
this Board.
Councilman Medders, chairman of the Budget Review and
Finance Committee, reported on the Subject of Assessment of
Liquidated Damages - California Avenue Park Neighborhood Facility,
as follows:
At its December 10, 1973 meeting, the City Council went
on record as accepting the work and authorizing the Mayor to
execute the Notice of Completion for the California Avenue Park
Neighborhood Facility. At the same time, the Budget Review and
Finance Committee was instructed to review the assessment of
liquidated damages in the contract against the contractor due to
the completion date being exceeded by 56 days.
During review and discussion with the staff, it was
brought to the Committee's attention that the contractor had
requested one extension for 60 days which the Council approved;
however, any additional time needed for completion was not
requested by the contractor even though it took an additional 56
days beyond the approved 60 days. Approximately six weeks ago,
the City's architect for this project .submitted a punch list to
the contractor designating items that needed to be completed after
the City accepted the building, a large number of which have not
been completed, and very little effort has been made by the con-
tractor to see that these items are rectified.
166
Bakersfield, California, January 21, 1974 - Page 4
Recreation Manager,
list is very minor
days.
Since the City has lost revenue from prospective tenants
who were ready to move into this building, and has had to pay an
additional salary to the project inspector, the Committee is
recommending that the contract penalty clause of $100 per day for
56 days be imposed against the Frank Terry Construction Company.
Councilman Medders moved adoption of the report.
Councilman Strong asked if there was any discussion as
to why the contractor did not request additional time to complete
the project.
Public Works Director Bidwell replied that if there had
been evidence to support a reason for not completing the project
on time, such as a delay in delivery of materials, bad weather,
etc., the staff would have probably recommended an additional
extension of time, but merely because he did not complete the job
through his own mismanagement, is not an acceptable reason for
granting the contractor a' time extension. Apparently he felt that
he did not have a justifiable reason for making such a request and
did not make one.
Councilman Thomas commented that originally Mr. Terry
had requested a 45-day extension of time, and the staff recom-
mended that he ask for 60 days which was granted by the Council.
After the Budget Review and Finance Committee meeting, he went on
an inspection tour of the building with Mr. Graviss, Auditorium-
and in his'opinion everything on the punch
and could probably be rectified in a couple of
Councilman Rogers asked if Mr. Terry has been fully
informed that he has exceeded the contract date by 56 days. Mr.
Bidwell stated he is confident there is no confusion regarding
the completion date, as the information was given to Mr. Terry in
writing.
Vote taken on Councilman Medders' motion to adopt the
report carried unanimously.
Bakersfield, California, January 21, 1974 - Page 5
167
Councilman Medders, chairman of the Budget Review and
Finance Committee, reported on the Subject of Filing Fee for
Candidates, as follows:
This Committee was recently instructed by the City
Council to study a proposed ordinance change concerning a fee for
filing nomination papers for the elected positions of Mayor and
Councilman. This request was brought to the Council's attention
by the City Clerk's office in an effort to help defray costs of
processing nomination papers brought about by regular and special
elections. This Committee is opposed to the idea of imposing an
exorbitant fee which financially might eliminate qualified can-
didates; however, it does feel that a nominal fee is justified to
help offset processing and to insure people filing are serious
candidates. Therefore, it was the general concensus of opinion
that a filing fee of $25 would be within reason.
Since the State has authorized cities to charge such
a fee and since this seems to be consistent with other practices
throughout the State, this Committee is recommending fhat the
Councilamend the Municipal Code establishing a $25 fee for filing
nomination papers for Mayor and Councilman.
Upon a motion by Councilman Medders, the report was
adopted.
Upon a motion by Councilman Medders, Ordinance No. 2160
New Series of the Council of the City of Bakersfield amending
Section 4.04.040, 4.18.080 and 4.16.030 of the Municipal Code,
concerning Fee for Filing Nomination Papers for Mayor and Council-
man, was adopted by the following vote:
Ayes: Councilmen Strong, Thomas, Medders, Rogers
Noes: None
Absent: Councilmen Bleecker, Heisey
Bakersfield, California, January 21, 1974 - Page 6
(d), with
call vote:
Ayes:
Noes:
Absent:
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1962 to 2095,
inclusive, in amount of $123,406.52
(b)
Street
Edna E.
Ruth B.
Right of Way Deeds from Bertha McElwee,
Dragoo, Mann B. Bertholf and
Bertholf
(c) Map of Tract No. 3621
(d)
Notice of Completion of Work on Construction
of Storm Drains in Portions of Akers Road
and Planz Road
Upon a motion .by Councilman Strong, Items (a), (b) and
deletion of Item (c), were adopted by the following roll
Councilmen Strong, Thomas, Medders, Rogers
None
Councilmen Bleecker, Heisey
Action on Bids.
Upon a motion by Councilman Thomas, annual
contracts for printed forms on an item by item low bid basis
were awarded to Hoven and Company, and Kern Printing, and the
Mayor was authorized to execute the contracts. Also, the Pur-
chasing Division was authorized to negotiate a discount agreement
with both bidders for seldom required items that are not specified
in either of the annual contracts.
Upon a motion by Councilman Medders, bid of Colecrest
Equipment Company for Phase Two - Relocation of Sewer Main for
State Route 58 Freeway was accepted, all other bids were rejected,
and the Mayor was authorized to execute the contract.
First reading of an Ordinance of the Council
of the City of Bakersfield amending Chapter
4.04 of the Municipal Code, altering the
boundaries of City Wards to reflect all
annexations of territory to the City
to the date of this Ordinance.
First reading was considered given to an Ordinance of
the Council of the City of Bakersfield amending Chapter 4.04 of
the Municipal Code, altering the boundaries of City Wards to
reflect all annexations of territory to the City to the date of
this Ordinance.
Bakersfield, California, January 21, 1974 - Page 7
169
There being
Council, upon a motion
adjourned at 8:32 P.M.
Adjournment.
no further business to come before the
by Councilman Medders, the Council
MAYO -h~
ty of Bakersfield,
Calif.
ATTEST:
ACTIADCITY CL~RK and Ex-Off~]io Clerk of the
the City of Bakersfield, California
Council of
170
Bakersfield, California, January 28, 1974
Minutes of the regular meeting of the Council of the
C}ty of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M., January 28, 1974.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Herbert
Smith of the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Thomas, Heisey, Medders, Rogers,
Strong (Seated at 8:30 P.M.)
Absent: Councilman Bleecker
Minutes of the regular meeting of January 21, 1974 were
approved as presented.
Scheduled Public Statements.
Mr. Milton Younger, Attorney, representing Frank Terry
Construction Company, addressed the Council requesting a hearing
before a Council committee in regards to a penalty imposed on the
construction company for late completion of the California Avenue
Park Multi-Purpose Facility. Mr. Younger cited numerous reasons
for the delay in the completion of this facility.
After discussion, upon a motion by Councilman Thomas,
hearing between the Budget Review and Finance Committee and
representatives of the Frank Terry Construction Company was
scheduled for Wednesday, February 13, 1974.
Councilman Heisey requested that the record show he
abstained from voting on this matter. He further stated that Mr.
Frank Terry is a personal
from participating in the
Committee on this matter.
friend and customer and he is abstaining
action of the Budget Review and Finance
Upon a motion by Councilman Heisey,
Councilman Rogers was appointed to serve in his place on this
Committee for this special hearing.
Correspondence.
Upon a motion by Councilman Thomas, communication from
the Greater Bakersfield Legal Assistance, Inc., regarding services
offered, was received and ordered placed on file.
Bakersfield, California, January 28, 1974 - Page 2
Reports.
Councilman Medders, Chairman of the Budget Review and
Finance Committee, read a report on the Change in the City's New
Computer System, as follows:
On November 12, 1973, the Finance Department
submitted a report to the City Council regarding
this City's new computer installation.
The Budget Review and Finance Committee recently
reviewed this report with the staff and noted
that several changes have been requested since
approval was given during last year's budget
sessions. These changes have been brought
about due to price increases and a change in
availability of facilities for testing the new
computer programs.
It was brought to our attention that there is
a definite lack of security where the computer
is located making it necessary to install data
security safeguards at a cost of $1,195. It
was also brought to our attention that during
the month of May, both the old and the new
computers will be needed for testing the new
programs. This change in program testing procedures
will require an additional $1,125.00
for equipment rental and testing expenses.
During the past year, there has been a two
percent increase in rental rates, which will
cost the City approximately $38 a month during
March and April, and $65 a month thereafter.
The Committee was also informed that the skill
levels of the Data Processing and Systems
Supervisor and the Computer Programmer are
being raised in order to parallel the capa-
bilities of the new computer. It is apparent
that the salaries of both employees will need
to be adjusted. This matter should be looked
into in more detail by the Governmental
Efficiency and Personnel Committee.
The Budget Review and Finance Committee is
recommending that these changes in the City's
original plan for this new computer be approved,
and that the necessary transfer of $2~526 from
the Council's Contingency Fund be approved.
Upon a motion by Councilman Medders, the report was
adopted and the transfer of $2,526 from the Council's Contingency
Fund was approved.
Councilman Rogers, member of the Governmental Efficiency'
and Personnel Committee, read a report on the subject of Safety
Employees Disability Retirement Procedure, as follows:
171
172
Bakersfield, California, January 28, 1974 - Page 3
Several months ago, the Public Employees'
Retirement System (PERS) informed cities
throughout the State of a new law (SB 286)
which became effective October 2, 1973. In
essence, this law states that a local safety
member shall be retired for disability only
upon his employer's determination that he is
incapacitated physically or mentally for the
performance of his duties.
In compliance with this law, the Governmental
Efficiency and Personnel Committee, along with
the staff, has looked into this matter very carefully,
and we are suggesting a procedure whereby the
City Manager shall have the authority to make
any and all determinations in regards to
safety employee disability retirements. If
the employee is not satisfied with the City
Manager's determination, he will have an appeal
procedure through an appeals board made up of
five of the six police and fire department
civil service commissioners.
Attached to this report are copies of the
necessary resolutions to put this program into
effect. This Committee is recommending that
the City Council adopt the following resolutions.
A Resolution delegating authority to the
City Manager to make disability deter-
minations for safety employees.
A Resolution establishing the retirement
appeals board to review decisions of the
City Manager.
A Resolution establishing procedures and
regulations for the discharge of duties
and responsibilities of the City Manager
and the Retirement Appeals Board concerning
disability retirement of local safety
members to the Public Employees' Retirement
Law.
Upon a motion by Councilman Rogers, the report was
adopted.
Adoption of Resolution No. 5-74 of the
Council of the City of Bakersfield
delegating authority to determine
disability for retirement purposes to
the City Manager.
Upon a motion by Councilman Rogers, Resolution No. 5-74
of the Council of the City of Bakersfield delegating authority to
determine disability for retirement purposes to the City Manager,
was adopted by the following roll call vote:
Ayes: Councilmen Thomas, Heisey, Medders, Rogers
Noes: None
Absent: Councilmen Bleecker, Strong
Bakersfield, California, January 28, 1974 - Page 4
173
Adoption of Resolution No. 6-74 of the
Council of the City of Bakersfield
establishing the Retirement Appeals
Board of Bakersfield.
Upon a motion by Councilman Rogers, Resolution No. 6-74
of the Council of the City of Bakersfield establishing the Retire-
ment Appeals Board of Bakersfield, was adopted by the following
roll call vote:
Ayes: Councilmen Thomas, Heisey, Medders, Rogers
Noes: None
Absent: Councilmen Bleecker, Strong
Adoption of Resolution No. 7-74 of the
Counc~of the City of Bakersfield
establishing procedures and regulations
for the discharge of duties and respon-
sibilities of City Manager and Retire-
ment Appeals Board concerning disability
retirement of local safety members under
the Public Employees' Retirement Law of
the State of California.
Upon a motion by Councilman Rogers, Resolution No. 7-74
of the Council of the City of Bakersfield establishing procedures
and regulations for the discharge of duties and responsibilities
of City Manager and Retirement Appeals Board concerning disability
retirement of local safety members under the Public Employees'
Retirement Law of the State of California, was adopted by the
following roll call vote:
Ayes: Councilmen Thomas, Heisey, Medders, Rogers
Noes: None
Absent: Councilmen Bleecker, Strong
Council Statements
Upon a motion by Councilman Thomas, the Governmental
Efficiency and Personnel Committee was instructed to evaluate and
make a recommendation to the Council regarding changing the night
of Council meetings and the possibility of holding bimonthly
meetings.
174
Bakersfield, California, January 28, 1974 - Page 5
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2096 to 2186,
inclusive, in amount of $92,723.82.
(b) Application for Encroachment Permit from
Bicenta Morosa, 3831 Pierce Road.
(c) Grant Deed for drainage sump and green
belt in Tract No. 3660 from VIMARK, INC.
(d)
Street Right of Way Deeds from George B.
Wilson, Bobby J. Wilson, Troy Hickman
and Rhuie J. Hickman - widening of "Q"
Street between S.P.R.R. and 34th Street.
(e)
Street Right of Way Deed from Gulf Oil
Company California - portion of White
Lane west of E1 Potrero Lane in con-
junction with Parcel Map No. 1439.
ADDENDUM
Budget Transfer from Account No. 11-510-6100
in the amount of $33,000.00 to Account No.
25-795-9400 in the amount of $33,000.00.
This transfer provides necessary funds to
construct permanent barricades in the
Downtown Parking Mall; $24,000.00 will
be repaid by the Downtown Business
Association.
Upon a motion by Councilman Thomas, Items (a), (b), (c),
(d), (e) and Addendum of the Consent Calendar, were adopted by the
following roll call vote:
Ayes: Councilmen Thomas, Heisey, Medders, Rogers
Noes: None
Absent: Councilmen Bleecker, Strong
City Manager Bergen pointed out that the report dated
January 14, 1974, on the Decorative Traffic Control Structures in
the Downtown Parking Mall outlined the cost involved, but did not
specifically authorize the necessary budget transfer. Therefore,
this Addendum was needed for the records.
Action on Bids.
Upon a motion by Councilman Medders, low bid of Haberfelde
Ford for 26 police type automobiles was accepted, the other bid
rejected and authorization granted to transfer funds necessary for
equipping and purchasing ten of the new police cars.
Bakersfield, California, January 28, 1974 - Page 6
175
Upon a motion by Councilman Heisey, bid of Molarore
Farms for livestock grazing at Plant #3 for period beginning
January 29, 1974 and ending June 30, 1974 was accepted, all other
bids rejected, and the Mayor was authorized to execute the contracf.
Deferred Business.
Adoption of Ordinance No. 2161 New
Series of the Council of the City of
Bakersfield amending Chapter 4.04 of
the Municipal Code, altering the
boundaries of City Wards to reflect
all annexations of territory to the
City to the date of this Ordinance.
Upon a motion by Councilman Thomas, Ordinance No. 2161
New Series of the Council of the City of Bakersfield amending
Chapter 4.04 of the Municipal Code, altering the boundaries of
City Wards to reflect all annexations of territory to the City to
the date of this Ordinance, was acopfed by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmen Thomas, Heisey, Medders, Rogers, Strong
None
Councilman Bleecker
New Business.
Interim Urgency Zoning Ordinance of
the Council of the City of Bakers-
field prohibiting signs upon a vehicle
and portable electric signs as
permitted uses of property in all
Zoning Districts in the City.
This Ordinance was recommended by the Planning Commission
by its Resolution adopted on January 16, 1974. The law permits
adoption of an Interim Ordinance as an urgency measure prohibiting
any uses of property which may be in conflict with a contemplated
zoning proposal which the Planning Commission is considering. The
proposed Sign Ordinance is an integral part of the zoning regulations,
and it would prohibit portable electric signs and signs on trailers
which uses are proliferating throughout the City and are in conflict
with the comprehensive Sign Ordinance which will soon be submitted
for public hearing before the Planning Commission. This Urgency
Ordinance would only be valid for four months, unless extended.
176
Bakersfield, California, January 28, 1974 - Page ?
Councilman Medders inquired about the status of the Sign
Ordinance. Councilman Thomas stated that the Planning Commission
will be holding a public hearing on the Sign Ordinance February
13, 1974. He further stated that he would have to support the
proposed Urgency Ordinance as these types of signs are numerous in
the 6th Ward and create driving hazards.
Councilman Thomas made a motion to adopt the Interim
Ungency Zoning Ordinance, prohibiting signs upon a vehicle and
portable electric signs as permitted uses of property in all zoning
Districts in the City.
Councilman Rogers stated that since we are going to be
considering an all inclusive Sign Ordinance, in the next few months,
what are the reasons for this Interim Ordinance. Robert Thomas,
Assistant Planning Director, commented that recently there has been
a large number o£ these signs appearing in the City and the Planning
Commission feels that these signs are creating a hazard and should
be stopped immediately.
Councilman Rogers stated that the Council should keep in
mind that most of these signs are advertising businesses, this is
the way these businessmen advertise their businesses. The signs
should not be allowed if they are a hazard; by the same token the
Council should be careful that they don't get into the position of
restricting a man's right to conduct or advertise his business.
Councilman Heisey stated he feels that this is a definite.
restriction of a man's right to do business and advertise; certainly
we don't need this Ordinance for four months, if we are going to
have a comprehensive Sign Ordinance. If there are so many of these
signs and they are so large and objectionable, possibly there should
be an Ordinance to regulate their use, but to prohibit them is
absolutely wrong. Most of these signs are used on a temporary basis,
to advertise an opening or special event. They are not put there
to stay year in and year out, but for special promotions and I
Bakersfield, California, January 28, 1974 - Page 8
177
think it is a valid use; it is innovative and popular right now.
I would be opposed to this Interim Ordinance.
Councilman Nedders asked the staff if persons who are
erecting buildings that are going to be completed in four or five
months are being informed as to what type of signs will be permitted.
Assistant Planning Director Thomas stated the various Architects,
builders and sign people have known of the forthcoming Sign
Ordinance and have been in the meetings that have been conducted
the last two years.
City Attorney Hoagland stated that in answer to Councilmen
Rogers, Heisey and Nedders, as far as the Sign Ordinance is con-
cerned they are getting to the point where they are having public
hearings at the Planning Commission level and from there the Sign
Ordinance will come to the Council to make any modifications or
corrections as they see fit.
Councilman Rogers suggested that the Business Developmen~
and Parking Committee would be an appropriate committee to study
the Interim Ordinance and come back with a report, inasmuch as the
Council is not in agreement as to what action should be taken. In
the meantime the Council could declare a moratorium on granting
any more permits or signs of this type. It would be advisable for
this Committee to take a close look at how much enforcement is being
effected under existing laws.
City Attorney Hoagland stated that a moratorium can be
declared only by Ordinance. If the Council wishes, this Interim
Ordinance could be adopted for a lesser period, and at the end
of that time would either terminate or could be continued. There
are no regulations against these signs, other than encroachment
on City streets. Signs cannot be put on City rights of way, but
it appears most of these are on private property and are just
moved from one place to another.
Councilman Heisey offered a substitute motion to refer
the Interim Urgency Zoning Ordinance, prohibiting signs upon a
178
Bakersfield, California, January 28, 1974 - Page 9
vehicle and portable electric signs as permitted uses of property
in all Zoning Districts in the City, to the Business Development
and Parking Committee for report back to the Council next week.
After further discussion, Councilman Heisey's substitute
motion carried by the following roll call vote:
Ayes: Councilmen Thomas, Heisey, Medders, Rogers, Strong
Noes: None
Absent: Councilman Bleecker
Adoption oS'Resolution No. 8-74 of the
Council of the City of Bakersfield
acknowledging the receipt of a copy of
Notice of Intention to Circulate
Petition for the Annexation of terri-
tory designated as "Union Avenue No. 6,"
and an Affidavit of Publication thereof,
and approving the circulation of the
Petition.
Upon a motion by Councilman Medders, Resolution No. 8-74
of the Council of the City of Bakersfield acknowledging the receipl~
of a copy of Notice of Intention to Circulate Petition for the
Annexation of territory designated as "Union Avenue No. 6," and an
Affidavit of Publication thereof, and approving the circulation of
the Petition, was adopted by the following roll call vote:
Ayes: Councilmen Thomas, Heisey, Medders, Rogers, Strong
Noes: None
Absent: Councilman Bleecker
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 3.18.136 of Chapter
3.18 of the Municipal Code concerning
Hazard Duty Pay for Police Patrolmen
assigned two-wheel motorcycle duty.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 3.18.136 of
Chapter 3.18 of the Municipal Code concerning Hazard Duty Pay for
Police Patrolmen assigned two-wheel motorcycle duty.
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Section 3.18.158 to Title 3
of the Municipal Code concerning
Voluntary Extra Duty of Police.
Bakersfield, California, January 28, 1974 - Page 10
179
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Section 3.18.158 to Title
3 of the Municipal Code concerning Voluntary Extra Duty of Police.
Approval of Joint Use Agreement between
the City of Bakersfield and the State
of California providing the City with a
pipe-line easement for a sewer main which
crosses Freeway 58 east of Mount Vernon
Avenue.
Upon a motion by Councilman Thomas, Joint Use Agreement
between the City of Bakersfield and the State of California pro-
viding the City with a pipeline easement for a sewer main which
crosessFreeway 58 east of Mount Vernon Avenue was approved and
the Mayor was authorized to execute same.
Hearings.
This is the time set for public l~aring before the
Council on application by the Chester Avenue Baptist 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 those certain properties in the City of Bakersfield
commonly known as 1504 E1 Rancho Drive and 1505 South Chester
Avenue.
This hearing has been duly advertised, the property
posted and property owners notified as required by law.
The two lots involved in this requested zone change are
developed with single family homes located adjacent to an existing
church. The church plans to utilize the property to expand their
religious facilities.
An environmental impact analysis was made and a negative
declaration was filed December 18, 1973.
It was determined by the Planning Commission, at their
January 16, 1974 meeting, that this proposed amendment to the
Zoning Ordinance is compatible with the objectives, policies,
general land uses and programs specified in the General Plan.
Mayor Hart declared the hearing open for public
participation.
180
Bakersfield, California, January 28, 1974 - Page 11
Church,
expand their school facility.
No protests or objections being received the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Thomas, Ordinance No. 2162
New Series amending Title Seventeen of the Municipal Code by
changing the Land Use Zoning of those certain properties in the
City of Bakersfield commonly known as 1504 E1 Rancho Drive and
1505 South Chester Avenue, was adopted by the following roll call
vote:
Ayes:
Noes:
Absnet:
Council,
at 9:10 P.
Mr. David Snow, representing the Chester Avenue Baptist
asked the Council to grant the zone change as they wish to
Councilmen Thomas, Heisey, Medders, Rogers, Strong
None
Councilman Bleecker
Adjournment.
There being no further business to come
upon a motion by Councilman Medders, the
M.
before the
Council adjourned
M~y o~sfield,
Calif.
ATTEST'
ACTING vCITY c~q~RK ~d Ex-Officio Clerk of
CounCil of the C~/ of Bakersfield, Calif.
ma
the
Bakersfield, California, February 4, 1974
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., February 4, 1974.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Dr. Glenn Puder of
the First Presbyterian Church.
The City Clerk called the roll~s follows:
Mayor Hart. Councilmen Bleecker, Heisey, Medders,
Rogers, Strong, Thomas
None
Minutes of the regular meeting of January 28, 1974 were
approved as presented.
Mayor Hart stated that on behalf of the community and
City Council he would like to thank Dr. Glenn Puder, who is
retiring, for the many years of devoted service he has given the
City of Bakersfield.
Presentation of Retirement Plaque.
Mayor Hart presented a retirement plaque Go Norman A.
Gibson, of the Fire Department, who completed 25 years of service
with the City of Bakersfield, effective February 2, 1974.
Scheduled Public Statements.
Mr. Donald Hopkins, Executive Vice-President and General
Manager of the Better Business Bureau of South Central California,
addressed the Council regarding numerous complaints from people,
in this area, with respect to coin operated machines that are not
working properly. Mr. Hopkins requested the Council to investigate
the possibility of requiring the owners to post a telephone number
or answering service to report machines that are out of order.
Upon a motion by Councilman Heisey, the matter was
referred to the Business Development and Parking Committee for
further study.
Miss Eva Ravenel, representing the musical group "Up
With People," thanked the citizens of Bakersfield for their
hospitality and invited the public to attend their performance in
the Civic Auditorium at 8:00 P.M., Wednesday, February 6, 1974.
Bakersfield, California, February 4, 1974 - Page 2
Council Statements.
Councilman Bleecker commented on a recent request of a
reporter, from the Bakersfield Californian, regarding the attendance
record of members of the City Council. He stated that he missed
three Council meetings in 1973, that is a 93% attendance record,
and the recent absences in 1974 were due to business emergencies.
Councilman Heisey nominated Councilman Rogers and the
City Attorney to serve as the Legislative Committee to review,
report and make recommendations on various legislation that concerns
the City of Bakersfield. After discussion, this motion was unanimously
approved.
Upon a motion by Councilman Heisey, Councilman Thomas
was appointed as a member of the Business Development and Parking
Committee, to fill a vacancy created by the resignation of
Councilman Robert Whittemore on December 1, 1973.
Reports.
Councilman Bleecker, Chairmen of the Governmental
Efficiency and Personnel Committee, read a report on the subject
of the City of Bakersfield Efficiency Study, as follows:
Several weeks ago, the Council received a report
from Arthur D. Little, Incorporated, which they
recently completed in regard to an overview study
of this City's management and administration.
This report outlined areas which they felt
warranted an indepth study, such as personnel
classifications and pay, labor negotiations,
personnel administration, fee structures,
financial management of public funds, force
accounts versus contractural services, Public
Works, Civic Auditorium, Finance and Building
Departments, work measurement and standards,
departmental organization, review of the City
Manager's Office, inter-governmental coordina-
tion and cooperation, and City Council organization.
The Governmental Efficiency and Personnel
Committee is of the opinion that all of these
areas are important; however, due to the fact
that meet and confer sessions will be underway
in a few months, we recommend the Council
consider two package contracts with Arthur D.
Little, Incorporated, to commence immediately.
The other areas would be deferred, but under-
taken later at the pleasure of the Council.
Bakersfield, California, February 4, 1974 - Page 3
183
The two study areas which we are recommending,
are as follows:
Package one (1) at a cost of $55,000 will involve:
(a) classification and pay study, all departments;
(b) personnel administration, all departments;
(c) department organization, all departments;
(d) City Manager's Office.
Package two (2) at a cost of $38,250 will involve:
(a) work measurement and standards, study of
Public Works, Civic Auditorium, Building
and Finance Departments;
(b) financial management of public funds.
In order to accomplish these studies as soon as
possible, we recommend the Council approve the
firm of Arthur D. Little, Incorporated, to
conduct these two studies, and authorize the
City Attorney to draft the appropriate contracts.
Councilman Bleecker made a motion to adopt the report,
approve the firm of Arthur D. Little, Inc., to conduct the studies
and instruct the City Attorney to draft the appropriate contracts.
Mr. Robert Coop, representing Arthur D. Little, Inc.,
was present to explain details of the studies, which will involve
two packages. Mr. Coop stated that Package 1 could be completed
in 90 days and Package 2 could also be done in 90 days, but we
feel it is important to start immediately on the classification
and pay plan and department organization, as these are vital issues.
The larger study, in Package 2, is the work measurement standards.
This study assures Department Heads, City Manager and City Council
that the size of crews are appropriate, there is a full time job
for each employee and allows the employee to know what is expected
of him.
After further discussion, Councilman Bleecker's motion
to adopt the report, approve the firm of Arthur D. Little, Inc.,
to conduct the studies, and instruct the City Attorney to draft
the appropriate contracts, was unanimously approved.
Bakersfield, California, February 4, 1974 - Page 4
Upon a motion by Councilman Heisey, the Council recessed
to an executive session to discuss a legal matter.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims No. 2187 to 2237,
inclusive, in amount of $57,970.30.
(b) Map of Tract No. 3621
(c)
Street Right of Way Deed from Gordon A.
and Northe F. Gregory - Widening of "Q"
Street between the S.P.R.R. and 34th St.
Upon a motion by Councilman Strong, Items (a), (b) and
(c) of the Consent Calendar, were adopted by the following roll
call vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rogers, Strong,
Thomas
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Thomas, low bid of Sears,
Roebuck and Company for Fence Alterations on South "H" Street
between Belle Terrace and Ming Avenue was accepted, all other
bids rejected, and the Mayor was authorized to execute the contracf.
Upon a motion by Councilman Thomas, low bid of R. L.
Gooch Construction Company for construction of a Reinforced
Concrete Box Culvert at Belle Terrace and Stine Canal was accepted,
all other bids rejected, and the Mayor was authorized to execute
the contract.
Deferred Business.
Adoption of Ordinance No. 2163 New
Series of the Council of the City of
Bakersfield amending Section 3.18.136
of Chapter 3.18 of the Municipal Code
concerning Hazard Duty Pay for Police
Patrolmen assigned two-wheel motor-
cycle duly.
Upon a motion by Councilman Thomas, Ordinance No. 2163
New Series of the Council of the City of Bakersfield amending
Section 3.18.136 of Chapter 3.18 of the Municipal Code concerning
Bakersfield, California, February 4, 1974 - Page 5 185
Hazard
duty,
Ayes:
Noes:
Duty Pay for Police Patrolmen assigned two-wheel motorcycle
was adopted by the following roll call vote:
Councilmen Bleecker, Heisey, Medders, Rogers, Strong,
Thomas
Absent: None
Adoption of Ordinance No. 2164 New
Series of the Council of the City of
Bakersfield adding Section 3.18.158
to Title 3 of the Municipal Code
concerning Voluntary Extra Duty of
Police.
Upon a motion by Councilman Bleecker, Ordinance No. 2164
New Series of the Council of the City of Bakersfield adding Section
3.18.158 to Title 3 of the Municipal Code concerning Voluntary
Extra Duly of Police, was adopted by the following roll call vote:
Ayes: Councilmen Bleecker,
Thomas
Noes: None
Heisey,
Medders, Rogers, Strong,
Absent: None
Interim Urgency Zoning Ordinance of the Council of the
City of Bakersfield prohibiting signs upon a vehicle and portable
electric signs as permitted uses of property in all Zoning Districlks
in the City, was deleted from the Agenda for further study.
New Business.
Adoption of Ordinance No. 2165 New
Series approving annexation of a
parcel of uninhabited territory to
the City of Bakersfield, California,
designated as "San Dimas No. 4," and
providing for the taxation of said
territory to pay the bonded indebted-
ness of said City.
Upon a motion by Councilman Bleecker, Ordinance No. 2165
New Series approving annexation of a parcel of uninhabited territory
to the City of Bakersfield, California, designated as "San Dimas
No. 4," and providing for the taxation of said territory to pay the
bonded indebtedness of said City, was adopted by the following roll
call vote:
Ayes:
Noes:
Councilmen Bleecker, Heisey, Medders,
Thomas
None
Rogers, Strong,
Absent: None
None
186
Bakersfield, California, February 4, 1974 - Page 6
First reading of an Ordinance of the
Council oft he City of Bakersfield
providing the timing for presenting
Petitions of Nomination for the
Special Municipal Election to be held
in the Seventh Ward of the City on
June 4, 1974, for the purpose of
filling the vacancy in the Office of
City Councilman for the remainder of
the unexpired term.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield providing the timing for
presenting Petitions of Nomination for the Special Municipal
Election to be held in the Seventh Ward of the City on June 4,
1974, for the purpose of filling the vacancy in the Office of City
Councilman for the remainder of the unexpired term.
Adoption of Resolution and Order No.
9-74 of the Council of the City of
Bakersfield calling a Special Munici-
pal Election in the Seventh Ward to
fill a vacancy in the Council of the
City arid prescribing the form of
Notice of Election.
Upon a motion by Councilman Medders, Resolution and Order
No. 9074 of the Council of the City of Bakersfield calling a Special
Municipal Election in the Seventh Ward to fill a vacancy in the
Council of the City and prescribing the form of Notice of Election,
was adopted by the following roll call vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rogers, Strong,
Thomas
Noes: None
Absent: None
Adoption of Resolution No. 10-74 of
the Council of the City of Bakersfield
providing for consolidation of the
Bakersfield Special Municipal Election
to fill a vacancy in the Seventh Ward
in the Office of Councilman, with the
State of California Direct Primary
Election to be held on June 4, 1974,
and requesting the Board of Supervisors
of the County of Kern to order the
consolidation of said Elections.
Upon a motion by Councilman Medders, Resolution No. 10-74
of the Council of the City of Bakersfield providing for consolida-
tion of the Bakersfield Special Municipal Election to fill a vacancy
Bakersfield, California, February 4, 1974 - Page
18'7
in the Seventh Ward in the Office of Councilman, with the State of
California Direct Primary Election to be held on June 4, 1974, and
requesting the Board of Supervisors of the County of Kern to order
the consolidation o£ said Elections, was adopted by the following
roll call vote:
Ayes:
Noes:
Absent:
Councilmen Bleecker, Heisey, Medders,
Thomas
None
Rogers, Strong,
None
Hearings.
set for public hearing before the Council
to Zone Upon Annexation to an M-1-D
This is the time
o£ the City of Bakersfield
(Light Manufacturing - Architectural Design) or more restrictive,
Zone, that certain property in-the County of Kern located on the
east side o£ Chester Avenue, approximately 600 feet north of West
Columbus Street, and known as "San Dimas No. 4," Annexation.
This hearing was duly advertised, the property posted and
notices were sent to all property owners as required by law.
The property owner requested M-1-D zoning for this
undeveloped 1½ acres and the Planning Commission, at their November
7, 1973 meeting, recommended approval of the requested zoning.
Subject property is bounded on the west by Chester Avenue, on the
north by the south levee of the Kern River and the south by
undeveloped M-1-D property owned by the applicant.
This proposed zoning is not in conflict with the Bakers-
field General Plan Land Use Element. An environmental impact
evaluation was made and a negative declaration was filed October
15, 1973, with the County Clerk and posted in City Hall.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received the public portion
of the hearing was closed for Council deliberation and action.
Upon a motion by Councilman Bleecker, Ordinance No. 2166
New Series amending Section 17.12.020 o£ Chapter 17.12 (Zoning Map)
188
Bakersfield, California, February 4, 1974 - Page 8
of
Ayes:
Noes:
Absent:
the Municipal Code, was
Councilmen Bleecker,
Thomas
None
None
adopted by the following roll call vote:
Heisey, Medders, Rogers, Strong,
This is the time set for public
hearing on application
by St. Philip 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 7100 Stockdale Highway.
This hearing has been duly advertised, the property posted
and property owners notified as required by law.
This property is improved with a church school at present;
the applicant proposes to construct a
related facilities.
The Planning Commission, at
church, and at a later date
their January 16, 1974 meeting,
recommended approval of the requested zoning. This proposed zoning
is not in conflict with the Bakersfield General Plan Land Use
Element. An environmental impact evaluation was made and a negative
declaration was filed January 2, 1974, with the County Clerk and
posted in City Hall.
Vice-Mayor Heisey declared the hearing open for public
participation. No protests or objections being received the public
portion of fhe hearing was closed for Council deliberation and
action.
Upon a morion by Councilman Medders, Ordinance No. 2167
New Series amending Title Seventeen of the Municipal Code by
changing the Land Use Zoning of that certain property in the City
of Bakersfield commonly known as 7100 Stockdale Highway, was
adopted by the following roll call vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rogers, Strong,
Thomas
Noes: None
Absent: None
Bakersfield, California, February 4, 1974 - Page 9
189
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Bleecker, the meeting was
adjourned at 9:10 P.M.
MAYOR he City of Bakersfield, Calif.
ATTEST:
ACTIN~'C(T~-~-C&~dd~x~Officio Clerk of the
Council of the C'~ of Bakersfield, Calif.
ma
190
Bakersfield, California, February ll, 1974
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M., February 11, 1974.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Reverehd Victor
Mitchell, Retired Chaplin.of ~,California Correctional Institution
at Tehachapi, California. ~'
The City Clerk cai~ed the roll as follows:
Present:
Absent:
approved
Mayor Hart.
None
Minutes of the
as presented.
Councilmen Heisey, Medders, Rogers, Strong,
Thomas, Bleecker
regular meeting of February 4, 1974 were
Correspondence.
Upon a motion by Councilman Thomas, communication from
the State of California, Department of Transportation, regarding
Notice of Intention to relinquish h~ghway right of way on
California Avenue west of Oak '~treet, was received and ordered
placed on file.
Upon a motion by Cou~ilman Heisey, communication from
the Bakersfield Art Commiss~on,!requesting the City and County to
provide funds necessary to build an addition to the Cunningham Art
Gallery, was received and referred to the Intergovernmental
Relations Committee.
Council Statements.
Councilman Bl~e~ker commented on mn editorial that
appeared in the Bakersfield Californian, February 11, 1974,
regarding the Council Pre-Meetings and the possibility of
changing Council Meetings to another night in the week.
Councilman Thomas inquired about the status of the
Animal Ordinance and the time limit on railroad crossings, which
were referred to Committee several years ago and apparently over-
looked. He requested the Committee to reopen their investigations
of these items and publicly report or make a recommendation to the
Counc i 1.
Bakersfield, .Cali£ornia, ~ebruary 11, .1974 - Page 2
191
Upon a motion by Councilman Heisey, Mr. Vincent Casper
and Mr. Theton Taber were reappointed to the Bakersfield Redevelop-
ment Agency, for a four year term expiring February 1, 1978.
Councilman Heisey stated that the Local Agency Formation
Commission held a special meeting tonight to discuss litigation
between LAFCO and the County of Ker~ relative to the hiring of
Merrick Creagh as legal counsel for the Commission. The Commissio:a
has asked that cities in Kern County~intervene in the lawsuit
because of their direct interest in~lhe operation of LAFCO.
Councilman Heisey stated, that since the operation of LAFCO is so
vital to the interests of the City of Bakersfield, he would move
that the City of Bakersfield intervene in the lawsuit and authorize
the City Afforney to proceed with the necessary legal steps for
such intervention. This motion was unanimously approved.
Upon a motion by Councilman Bleecker, Councilman Medders
was appointed as Chairman of the Business DevelopMent and Parking
Committee.
City Attorney Hoagland reported on the lawsuit brought
against the City of Bakersfield b~ the Bakersfield City Employees'
Association, specifically two members of the City Council, in which
they alleged the "meet and confer" sessions were not handled properly.
The lawsuit went to trial and the court found no merit, in that
the employees had not sustained their burden of proof in any of
the matters in which they alleged.
Reports.
Councilman Medders, Chairman of the Budget Review and
Finance Committee, read a report on the subject of Fixed Asset
Accounting, as follows:
The Budget Review and Finance Committee recently
met with the staff to review a report submitted
to the City Council several months ago by our
outside auditing firm, Elmer Fox and Company.
This report once again pointed out that the
City is not maintaining fixed asset records for
furniture and equipment, other than rolling
stock. The reason this program has not been
initiated in the past is because there was some
193
Bakersfield, California, February 11, 1974 - Page 3
question as to whether the cost of maintaining
such a program would be warranted in view of
the amount of fixed assets. Insurance appraisals
have estimated these assets presently amount to
more than one million dollars.
In order to overcome this problem, the outside
auditor has recommended a three-phase program
to implement a fixed asset accounting system
as follows:
(1)
The formulation of a program outlining the
procedures and records to be maintained at
a one-time cost of $3,000 to $4,500;
(2)
An inventory of all items showing their
location, description and cost value at
one-time cost of $12,000 to $15,500;
(3)
A day-to-day maintenance of records in
order'to keep them current', with periodic
status reports and audit reviews, at a
cost of $4,000 to $7,000 annually.
The Budget Review and Finance Committee is in
agreement that such a program might be necessary,
and recommends that the Council instruct the
Finance Director to budget sufficient funds to
initiate Phase I, effective July l, 1974. After
the completion of Phase I, this Committee will
make a~ complete evaluation and make further
recommendations regarding Phases 2 and 3 to the
Council at that time.
Upon a motion by Councilman Medders, the report was
adopted and the Finance Director was instructed to budget sufficient
funds to initiate Phase I.
Councilman Medders, Chairman of the Budget Review and
Finance Committee, read a report on the subject of Internal Audit
Program, as follows:
The Budget Review and Finance Committee recently
reviewed the City's internal auditing program.
During this review, the staff brought to our
attention that we are spending $10,000 annually
on this program, which in turn yields a direct
savings of approximately $20,000 in outside
aadit fees. This program includes auditing for
hotel taxes and business licenses, as well as
annual reviews of all City departments regarding
their accountability for City monies and payroll
procedures.
In the past, the City assigned the internal
auditing program to a regular full-time employee,
along with other responsibilities; however, due
to the workload, this was changed in 1969 to a
contractual agreement with a part-time employee.
This arrangement has worked out satisfactorily
to date, however, with the death of the internal
Bakersfield, California, February 11, 1974 - Page 4
193
auditor and the increased workload since 1969,
it appears that the City is in need of re-
establishing a regular full-time position of
internal auditor.
The Budget Review and Finance Committee is in
agreement that this position is needed, and
therefore recommends that the Council instruct
the Governmental Efficiency and Personnel
Conumittee to implement the necessary job
specifications, salary range, and ordinance
change creating this position as soon as
possible.
Upon a motion by Councilman Medders, the report was
adopted.
Councilman Medders, Chairman of fhe Business Development
and Parking Committee, read a report on the Emergency Interim
Zoning Ordinance regarding Portable Signs, as follows:
The Business Development and Parking Committee
recently met with a committee of the City
Planning Commission to discuss a proposed
Emergency Interim Zoning Ordinance which, in
effect, would prohibit portable electric signs
and signs on vehicles throughout the City of
a period of four months.
This matter was brought before the City Council
two weeks ago, at which time a question arose
as to why an Emergency Ordinance was needed
when a comprehensive Sign Ordinance will be
forthcoming from the Planning Commission within
the next few months. The question was also
asked if the Council shouldplace restrictions
on a person's right to conduct and advertise a
business
In our discussions we found these same issues
have been of major concern with the Planning
Conunission. The Commission, however, has found
these signs are a traffic problem, as well as
an encroachment and safety problem. Whereas
it has been suggested that the answer to this
encroachment problem is enforcement of the
Ordinance against encroachments, such enforce-
ment is cumbersome and lengthy. Furthermore,
since these signs are portable, they may be
moved easily from one location on a lot to
another at any time, again making enforcement
impractical and difficult.
At the present time there are only two businesses
on a.limited basis in the City renting this
type of equipment. If this Emergency Ordinance
is adopted now, they will not invest more in
additional signs prior to the possible adoption
of the City's comprehensive Sign Ordinance.
The Commission is also concerned about the
abusive and derogatory statements that are
placed on inexpensive signs on vehicles seen
around the City from time to time.
194
Bakersfield, California, February 11, 1974 - Page 5
ThePlanning Commission approved the submission
of this Emergency Ordinance tot he City Council
unanimously, and after considerable thought,
the Business Development and Parking Committee
is in general agreement with them on this matter.
We, therefore, recommend that the Council adopt
this Emergency Interim Zoning Ordinance pro-
hibiting portable signs.
Councilman Medders moved adoption of the report and made
the following statement:
"The decision to support this Ordinance is one
of fhe hardest I have been confronted with
during my tenure on the Council. I have always
believed that an individual has a right to go
into business for himself and to operate that
business~ in the manner he thinks best, with an
absolute minimal amount of governmental control,
regulation, restriction and interference.
Similarly, that an individual should be able to
advertise his product or service so as to gain
the greatest refurn on his investment. Because,
after all, his only reason for being in business
is to sell his product or service.
The foregoing statement dealt with the rights
of the individual. I believe for every right
the individual has there is also corresponding
responsibility. Where portable signs are con-
cerned some of the responsibilities are size,
encroachment, placement, esthetic value, safety
and location. To ignore accepting this respon-
sibility is fo borrow someone else's ox.
Concerning this Ordinance, after first meeting
with three members of the Planning Commission,
none of whom have a vested interest in this
one way or another and all of whom have a
sincere desire to serve the best interesf of
the public at large; and second giving careful
consideration to the facts, as I foresee them;
and third doing a great deal of sole searching,
I have come to the conclusion that this Ordinance
is in the best interest of the general public.
Another individual's rights end where mine begin.
I have a right to walk on an unobstructed side-
walk, to clear vision in all directions, at any
intersection, to drive without being distracted
hy .flashing ligllts and to expect advertising to
give esthetic value and good taste. No one likes
controls, but some controls, at times, are
necessary and I think they are necessary in this
case and in some of fhe book stores and movie
houses on 19th Street. Morally the issues are
different but in principle they are the same.
In the final analysis this issue boils down to
protecting the public interest and I believe
that is our job."
Bakersfield, California, February 11, 1974 - Page 6
The Council then engaged in a lengthy discussion regarding
the Interim Emergency Zoning Ordinance on portable signs.
Mr. Leon Thomas, owner of Mobile Message o~ Bakersfield,
addressed the Council stating that he has invested a large amount
of money in portable signs and requested the Council not to outlaw
them.
Mr. Lawrence Butler addressed the Council supporting Mr.
Thomas' request not to ban portable signs in the City of Bakersfield.
Councilman Medder's motion to adopt the Business Develop-
merit and Parking Committee report and Interim Emergency Zoning
Ordinance regarding Portable Signs, failed to carry by the following
roll call vote: '
Ayes: Councilmen Medders, Thomas, Bleecker
Noes: Councilmen. Heisey, Rogers, Strong
Absent: None
City Attorney Hoagland explained that on this particular
negative note constituted a 2/3 majority and failed to
item the
carry.
Councilman Thomas offered a substitute motion to permit
the use of existing signs, not permit any new signs and those that
are in existence could be moved from one location to another until
the new Sign Ordinance is adopted.
Councilman Thomas withdrew his motion on advice of
counsel as it would be discriminatory in nature.
After further discussion, upon a motion by Councilman
Heisey, the Interim Emergency Zoning Ordinance regarding Portable
Signs,
study,
Ayes:
Noes:
Absent:
that in case of a tie vote by the Council the Mayor shall cast
deciding vote, Mayor Hart voted in the affirmative.
was referred back to the Planning Commission for further
by the following roll call vote:
Councilmen Heisey, Rogers,'Strong
Councilmen Medders, Thomas, Bleecker
None
Pursuant to Section 14 of the City Charter, which states
the
196
Bakersfield, California, February 11, 1974 - Page 7
Councilman Rogers, member of the Legislative Committee,
read Legislative Report No. 1, as follows:
This legislative report is the first in a series
which will follow from time to time. These
reports do not cove~ all legislation which has
an effect on municipal gOvernment, but will
report. on bills which appea~ to have an extreme
impact on the City or its functions. I wish
to make clear that any Councilman may at any
time bring up the matter of a legislative bill
which he thinks is. important. These reports.
will reach only those bills which the Council
should obviously take a stand on. Hopefully,
the reports will relate to bills which the
Council can agree upon unanimously.
ACA. 67 .(Assembly Constitutional Amendment) (Keysor).
This would attempt to amend the constitution to
permit the legislature to override city charters
on the discipline of police and firemen. The
authority of charter cities relative to the
appointment, removal, and compensation of safety
members would be removed from local control.
Further extensions of legislative control over
local affairs such as this would ultimately make
it unnecessary to even have a local governmemt.
This bill should be opposed as an unwarranted
intrusion on local governmental authority.
AB 16 (Z'berg). This bill has come u,p every
year in the legislature for the last five years.
It would make it mandatory upon cities to pro-
vide pension benefits to safety members of 2%
a( age 50. That is, safety members would
receive 2% of their final compensation per year
for each year of service up to a. total of 75%
of their final compensation.
In prior years, cost analysis of such a proposal
has been prohibitive on the cities. However,
the real problem is that the legislature is
attempting to take away local control over
retirement compensation from the cities. After
analysis, the.City might wish. to support such
a plan. However, this bill would not allow
the cities that choice. This bill should be
opposed by the City, as it has in prior years,
on the basis of usurpation of the authority of
the city to control its own local affairs.
Upon a motion by Councilman Rogers, the Mayor was
instructed to prepare the necessary communications to all Committee
members hearing these bills, Assemblymen Gonzales and Nimmo, and
the League of California Cities, expressing the Council's opposition
to ACA 67 and AB 16. Councilman Strong voted in the negative on
this motion.
Bakersfield, California, February 11, 1974 - Page 8
9'7
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2238 to 2304,
inclusive, in amount of $19,454.56.
(b) Application for Encroachment Permit from
Bessie D. Bennett, 533 Beech Street.
(c)
Street Right of Way Deed from Elmer F.
Karpe, Inc. - widening strip on Ming
Avenue west of Real Road.
(d)
Street Right of Way Deed from Ming Center
Investment Company - strip of Ming Avenue
between Lymric Way and Real Road.
(e) Plans and Specifications for construction
of the Mayflower District Storm Drain.
(f)
Street Right of Way Deed from Walter A.
and Ann Monroe - widening of "Q" Street
between the Southern Pacific Railroad
and 34th Street.
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:
Noes:
Councilmen Heisey, Medders, Rogers, Strong, Thomas
Bleecker
None
Absent: None
Action on Bids.
Upon a motion by Councilman Medders, bid of Overhead
Door Company of Bakersfield for replacement of 3 overhead doors
at Fire Station No. 1, was accepted.
Upon a motion by Councilman Strong, low bid of Continental
Construction of Fresno for construction of Irrigation Line to serw~
a portion of Section 21, Township 30 South, Range 28 East near
Treatment Plant No. 2 was accepted, aH other bids rejected, and
the Mayor was authorized to execute the contract.
Deferred Business.
Adoption of Ordinance No. 2168 New
Series of the Council of the City of
Bakersfield providing the timing for
presenting Petitions of Nomination
for the Special Municipal Election to
be held in the Seventh Ward of the
City on June 4, 1974, for the purpose
of filling the vacancy in the Office
of City Councilman for the remainder
of the unexpired term.
198
Bakersfield, California, February 11, 1974 - Page 9
Upon a motion by Councilman Medders, Ordinance No. 2168
New Series of the ~Council of the City of Bakersfield providing the
timing for presenting Petitions for Nomination for the Special
Municipal Election to be held in the Seventh Ward of the City on
June 4, 1974, for the purpose of filling the vacancy in the Office
of City Councilman for the remainder of the unexpired term, was
adopted by the following ro~call vote:
Ayes:
Noes:
Councilmen Heisey, Medders,
Bleecker
None
Rogers,
Strong, Thomas,
Absent: None
New Business.
Adoption of Resolution No. 11-74 of
the Council of the City of Bakers-
field fixing a time and place for
hearing protests by persons owning
real property Within territory desig-
nated as "Panorama No. l," proposed
to be annexed to the City of Bakers-
field.
Upon a motion by Councilman Rogers, Resolution No. 11-74
of the Council
in the Council
of the City of Bakersfield setting March 25, 1974,
Chambers of the City Hall as the time and place for
hearing protests by persons owning real property within territory
designated as "Panorama No. 1," proposed to be annexed to the
City of Bakersfield, was adopted by the following roll call vote:
Ayes: Councilmen Heisey, Medders, Rogers, Strong, Thomas,
Bleecker
Noes: None
Absent: None
Adoption of Resolution No. 12-74 of
Intention to include within the
Greater Bakersfield Separation'of
Grade Districi territory designated
as "Panorama No. 1," and setting the
time and place for hearing objeciions
to the inclusion of said territory
within said District.
Upon
of Intention to include within the Greater Bakersfield
of Grade District territory designated as "Panorama No.
setting March '25, 1974, in the Council Chambers of the
as the time and place for hearing objections to the inclusion of
a m~tidn by Couhcilman Rogers, Resolution No. 12-74
Separation
1," and
City Hall,
said territory within said District, was adopted by the following
roll call vote:
Bakersfield, California, February 11, 1974 - Page 10
199
Ayes: Councilmen Heisey, Medders, Rogers, Strong, Thomas,
Bleecker
Noes: None
Absent: None
Approval of Annexation boundaries
designated as "Akers No. 2" Annexation.
Upon a motion by Councilman Thomas, annexation boundaries
designated as "Akers No. 2" Annexation were approved, and referred
to the City Engineer and City Attorney for referral to LAFC.
Adoption of Amended Resolution No.
13-74 of the C~uncil of the City of
Bakersfield adopting objective,
criteria and procedures for the
orderly evaluation of projects and
the preparation of Environmental
Documents under California Environ-
mental Quality Act and Guidelines
amended by Secretary for Resources on
December 17, 1973.
Upon a motion by Councilman Heisey, Amended Resolution
No. 13-74, of the Council of the City of Bakersfield adopting
objectives, criteria and procedures for the orderly evaluation of
projects and the preparation of Environmental Documents under
California Environmental Quality Act and Guidelines amended by
Secretary for Resources on December 17, 1973, was adopted by the
following roll call vote:
Ayes:
Councilmen Heisey, Medders, Strong, Thomas, Bleecker
Noes: None
Absent: None
Abstaining: Councilman Rogers
Approval of request for consent to
transfer CATV rights from Kern Cable
Co. to Warner Cable Co.
Upon a motion by Councilman Rogers, request for consent
to transfer CATV rights from Kern Cable Co. to Warner Cable Co.,
was unanimously approved.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 16.16.010 (A) and
(B) of Chapter 16.16 of Title 16 of
the Municipal Code coneerning Sub-
division Regulations.
200
Bakersfield, California, February 11, 1974 - Page 11
Title 17 of the
concerning uses
Use Permit.
First reading'was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 16.16.010 (A)
and (B) of Chapter 16.16 of Title 16 of the Municipal Code con-
cerning Subdivision Regulations.
This proposed amendment would change the time period from
lO months to 18 months for filing a final Subdivision Map and provide
for a two year extension of time to file a final map upon approval
of the Planning Commission. The proposed amendment would be in
accordance with the provisions of the State Subdivision Map Act.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.27.026 of Title
17 of. the Munici.pal Code by adding
Item 8 to such Section, concerning
uses permitted in the C-2 Zone subject
to Conditional Use Permit.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.27.026 of
Municipal Code by adding Item 8 to such Section,
permitted in the C-2 Zone subject to Conditional
The Planning Commission has held a public hearing on the
proposed amendments and is of the opinion a mini-warehouse use in
the C-2, General Commercial Zone, would be a compatible use in
many C-2 zoned areas. Through the Conditional Use Permit procedure,
a public hearing would be held before the Board of Zoning Adjust-
ment before a decision would be made by that.Board to approve or
disapprove a proposed development. Mini-warehouse is defined as a
development for the storage of boais, recreational vehicles,
commercial'and personal goods, wares and merchandise; and as a
secondary and incidental use, the open storage for recreational
vehicles,
campers and boats.
Councilman Medders asked who would be liable if a
sign is encroaching and,causes an accident. City Attorney.
portable
Hoagland replied that the operator of the sign, not the owner,
would be liable. The City would not be liable under the circum-
stances but should make every reasonable effort to remove the signs
as encroachments. After notice of such an encroachment, liability
could ensue if not acfed upon.
Bakersfield, California, February 11, 1974 - Page 12
Adjournment.
There being no further business to come before the Council,
upon a motion by Councilman Medders, the meeting was adjourned at
9:40 P.M.
MAYOR City of Bakersfield,
Calif.
ATTEST:
ACTINg ~ITY CLERK an~/Ex-Offlcio Clerk of the
Coun941 of the City/~ Bakersfield, California
ma
202
Bakersfield, California, February 25, 1974
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M., February 25, 1974.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Councilman Donald
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Medders, Rogers, Strong,
Bleecker, Heisey
Rogers.
Present:
Absent:
None
Thomas
Minutes of the regular meeting of February 11, 1974 were.
approved as presented.
Presentation of Retirement Plaque.
Mayor Hart presented a retirement plaque to Marian S.
Irvin, City Clerk, who completed 35 years of service with the City
of Bakersfield, effective February 2, 1974.
Mayor Hart then ro~essed the meeting until 8:25 P.M.
Scheduled Public Statements.
Mrs. Elizabeth Van Alstyne addressed the Council reading
a prepared letter regarding the flood conditions in the vicinity
of Olive and Elm Streets at Truxtun Avenue. Mrs. Van Alstyne filed
the letter with the Council, plus pictures dated January 16, 1974
showing an example of the flood problem and a petition containing
22 signatures of property owners in the area.
After discussion, Councilman Bleecker requested the Public
Works Department to do anything they could to alleviate this problem.
Correspondence.
Upon a motion by Councilman Bleecker, communication from
the Kern County Economic Opportunity Corporation, requesting the
appointment of a replacement on the Board of Directors of KCEOC as
a representative of the Bakersfield City Council, was received and
placed on file.
Bakersfield, California, February 25, 1974 - Page 2
203
Council Statements.
In compliance with a letter from the State Department of
Transportation dated December 27, 1973, Councilman Reisey made a
motion that the Director of Public Works Bidwell and Planning
Director Sceales be appointed to represent the City of Bakersfield
at conferences to be held with the State Department of Transportation
regarding California's Clean Air Implementation Program relating
to transportation. This motion was unanimously approved.
Reports.
Councilman Heisey, Chairman of the Water and City Growth
Committee, read a report regarding Consolidation of Waste Water
Treatment Facilities in Southeast Bakersfield, as follows:
On July 23, 1973 the City Council authorized
an agreement with Metcalf & Eddy, Inc.,
Engineers, to prepare a project report for
the treatment and disposal of wastewater in the
southeast area of Bakersfield. The engineers
have now submitted the Project Report
including an Environmental Impact and a
Financial Report.
The Council authorized the preparation of
this report as part of their effort and
the Mr. Vernon Sanitation District to pro-
vide improved wastewater treatment and
disposal in. the southeast area. The three
treatment plants, City plants I and 2 and
Mr. Vernon serve about 80% of the Bakers-
field Metropolitan Area. However, none of
the three plants meet the wastewater dis-
charge requirements as set forth by the
California Water Resources Control Board.
The City Council and the Mt. Vernon
Sanitation District recognized their
responsibility for compliance with these
requirements and jointly sponsored a
preliminary investigation of these
facilities.
Based on the results of that investigation
the City and the District then authorized
preparation of the project report.
Basically, the project report proposes that
the Mt. Vernon Plant and City Plant No. 1
be abandoned and that the facilities at
City Plant No. 2 be improved and expanded
to accommodate the combined flows and to
provide an improved quality of effluent to
meet discharge requirements. The financial
report outlines the obligation of each of
the participants in the project and suggests
means of financing their obligations.
204
Bakersfield, California, February 25, 1974 - Page 3
To meet the current time schedule for the
overall program, this report if accepted by
Council,. must be submitted to the California
Water Resources Control Board by March l,
1974. Recognizing the time limitation for
this schedule, the staff has summarized the
significant features of the project report
and financial report for assistance in your
review.
The Board of Supervisors as Director of the
Mr. Vernon District will take action on this
report on Monday, February 25, 1974.
Council acceptance of the report and sub-
mittal to the California Water Resources
Control Board does not commit or obligate
the City~ undertake any construction
program. However, if the project becomes
a reality, it most likely would be based
on alternatives proposed in the project
and financial reports.
The Committee believes the proposed project
is necessary to meet needs of the City and
the community. Therefore, we recommend
acceptance of the Project Report including
the Environmental Impact and Financial
Report and authorize submittal to the
California Water Resources Control Board.
Mr. Larry Grimm representing Metcalf & Eddy, Inc.,
Engineers, presented the engineering details of the Project Report
for the Bakersfield Sub-Regional Wastewater Management Plan.
Mr. Jack McMinn representing Bartle Wells Associates,
Financial Consultants, reviewed the financial plan and revenue
program of the Project Report for the Bakersfield Sub-Regional
Wastewater Management Plan.
After a lengthy discussion, Councilman Heisey moved to
adopt the report of the Water and City Growth Committee regarding
Consolidation of Waste Water Treatment Facilities in Southeast
Bakersfield. This motion carried with Councilman Bleecker
abstaining from voting.
Councilman Bleecker, Chairman of the Governmental
Efficiency and Personnel Committee, read a report regarding the
Internal Auditor, as follows:
At the February 11, 1974 City Council meeting,
the Budget Review and Finance Committee
recommended the re-establishment of an
Internal Auditor classification in the City's
Finance Department. This recommendation was
Bakersfield, California, February 25, 1974 - Page 4
205
approved by the Council, at which time the
Governmental Efficiency and Personnel
Committee was instructed to implement job
specifications and a salary range for this
position.
Attached to this report you will find this
Committee's proposed Internal Auditor job
specifications. Along with these specifi-
cations, we are proposing a salary range
of $1039 to $1265 per month. We feel that
these job specifications are appropriate,
and that this salary is sufficient to
attract qualified applicants.
We, therefore, recommend Council approval
of these Internal Auditor job specifications
and salary range, and also recommend that
the Council instruct the City Attorney to
make the necessary changes in the salary
ordinance.
Upon a motion by Councilman Bleecker, report of the
Governmental Efficiency and Personnel Committee regarding Internal
Auditor was adopted and the City Attorney was instructed to make
the necessary changes in;;the Salary Ordinance.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2305 to 2503,
inclusive, in amount of $232,275.13.
(b)
Adoption of Resolution No. 14-74 of the
Council of the City of Bakersfield making
finding concerning proposed Subdivision:
Tract No. 3702 located on Bermuda Street
between Sarazen Avenue and Cherry Hills
Drive.
(c)
Adoption of Resolution No. 15-74 of the
Council of the City of Bakersfield making
finding concerning proposed Subdivision:
Tentative Tract No. 3701 located on
Bermuda Street between Demaret Avenue
and Sarazen Avenue and west of New Stine
Road.
(d)
Map of Tract No. 3598 - Unit "B" and
Contract and Specifications for improve-
ments therein.
(e)
Plans and Specifications for construction
of Belle Terrace from Stine Road to New
Stine Road.
(f) Application for Encroachment Permit from
Lewis Hall, 2908 Haley Street.
206
Bakersfield, California, February 25, 1974 - Page 5
(g) Claim for damages from Mrs. E. C. Bradbury,
3524 Redlands Drive (Refer to City Attorney).
Upon a motion by Councilman'Strong, Items (a), (b), (c),
(d), (e), (f) and (g) of the Consent Calendar, were adopted by the
following roll call vote:
Ayes: Councilmen Medders,
Heisey
Noes: None
Rogers, Strong, Thomas, Bleecker,
Absnet: None
Addendum.
Councilman Strong stated that at the time the City
Council approved the bid for weed abatement, the Council was
informed that the amount of funds in the Public Works budget of
$8,000 was not adequate to meet the bid amount of $29,515; however,
it was felt by Public Works that many of the lots included in the
bid would be cleaned by the owners. The program has now been
completed
and an additional $6,018 is needed to pay the contractor.
Upon a motion by Councilman Strong, Budget Transfer from
the Council's Contingency Fund No. 11-510-6100 to Account No.
11-655-4100 in the amount of $6,018~00, was approved by the following
roll call vote:
Ayes:
Noes:
Councilmen Medders, Rogers, Strong, Thomas, Bleecker,
' Reisey
None
Absnet: None
Councilman Thomas requested that the following letter
from the Planning Commission be read into the record:
February 22, 1974
Honorable Mayor and City Council
City of Bakersfield
Honorable Gentlemen:
The Planning Commission postponed its scheduled
public hearings on the proposed sign ordinance
until such time the commission sign ordinance
committee could meet with a committee of your
Council.
Bakersfield, California, February 25, 1974 - Page 6
207
It is our sincere hope that the Planning
Commission and the City Council agree in
principle as to the general intent of the
proposed sign ordinance before public hearings
are re-scheduled before the commission.
The commission's ~gn committee is prepared
to meet with a committee of your Council at
your convenience.
Sincerely yours,
Ken Vetter, Chairman
Planning Commission
City of Bakersfield
Deferred Business.
Adoption of Ordinance No. 2169 New
Series of the Council of the City of
Bakersfield amending Section 17.27.026
of Title 17 of the Municipal Code by
adding Item 8 to such Section, con-
cerning uses permitted in the C-2 Zone
subject to Conditional Use Permit.
Upon a motion by Councilman Thomas, Ordinance No. 2169
New Series of the Council of the City of Bakersfield amending
Section 17.27.026 of Title 17 of the Municipal Code by adding Item
8 to such Section, concerning uses permitted in the C-2 Zone
subject to Conditional Use Permit, was adopted by the following
roll call vote~
Ayes: Councilmen Medders, Rogers, Strong, Thomas,
Heisey
Noes: None
Bleecker,
Absnet: None
Adoption of Ordinance No. 2170 New
Series of the Council C the City of
Bakersfield amending Section 16.16.010
(A) and (B) of Chapter 16~16 ef Title
16 of the Municipal Code, concerning
Subdivision Regulations.
Upon a motion by Councilman Thomas, Ordinance No. 2170
New Series of the Council of the City of Bakersfield'amending
Section 16.16.010 (AI and (B) of Chapter 16.16 of Title 16 of the
Municipal Code, concerning Subdivision Regulations, was adopted by
the following roll call vote:
Ayes: Councilmen Medders, Rogers, Strong, Thomas, Bleecker,
Heisey
Noes: None
Absnet: None
2O8
Bakersfield, California, February 25, 1974 - Page 7
New Business.
Adoption of Resolution No. 16-74 of
the Council of the City of Bakersfield
consenting to the commencement of
annexation proceedings for the annexa-
tion to the City of BakerSfield of
certain inhabited and unincorporated
territory in the County of Kern,
contiguous to the City of Bakersfield,
designated as "Union Avenue No. 6."
Upon a motion by Councilman Thomas, Resolution No. 16-74
of the Council of the City of Bakersfield consenting to the commence-
ment of annexation proceedings for the annexation to the City of
Bakersfield of certain inhabited and unincorporated territory in
the County of Kern, contiguous to the City of Bakersfield, designated
as "Union Avenue No. 6," was adopted by the following roll call
vote:
Ayes:
Noes:
Absnet:
Councilmen Medders,
Councilman Bleecker
None
Rogers, Strong, Thomas, Heisey
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Chapter 1.94 to Title 1 of the
Municipal Code, providing procedure
for Claims Against the City for money
or damages.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Chapter 1.94 to Title 1
of the Municipal Code, providing procedure for Claims Against the
City for money or damages~.
The State law requires that claims against cities which
are specifically excepted from State procedures and which are not
governed by any other laws expressly relating to them, shall be
governed by the procedure prescribed in an ordinance adopted by
the City. This Ordinance prescribed those procedures in conformity
with State law.
Bakersfield, California, February 25, 1974 - Page 8
209
Approval of Construction Change Order
No. 1 for Contract No. 73-85, "Bakers-
field TOPICS Plan-3 for the Modification
of Traffic Signals at various locations."
This Change Order provides for the use of 5 existing
traffic signal foundations which are adequate for support of the
new standards and 12 existing luminaires. Due to the future
widening of "Q" Street at 18th Street and 21st Street the locations
of the signal standards were changed from the plan locations. The
total decrease in project cost due to this change order will be
$1,150.00.
Upon a motion by Councilman Bleecker, Construction Change
Order No. 1, for Contract No. 73-85 with Safety Electric, "Bakers-
field TOPICS Plan-3 for
various locations," was
execute same.
the modification o~ traffic signals at
approved and the Mayor was authorized to
Adjournment.
There being no further business to come
upon a motion by Councilman Bleecker, the meeting was
10:00 P.M.
before the Council,
adjourned at
MAYOR ~akersfield, Calif.
ATTEST:
ACTIN ITY CLERK an -Officio Clerk of the
Council of the City ~ersfield, California
ma
Bakersfield, California, March 4, 1974.
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M., March 4, 1974.
The meeting was called to order by Mayor Hart followed
Jerry
by the Pledge of Allegiance and Invocation by the Reverend
Rogers of the Riverview Church of Christ.
Present:
The City Clerk called the roll
Mayor Hart. Councilmen Rogers,
Absent: None
as follows:
Strong, Thomas, Bleecker,
Heisey, Medders
Minutes of the regular meeting of February 25, 1974 were
approved as presented.
Presentation of Retirement Plaque.
Mayor Hart presented a retirement plaque to Justus A.
Olsson, Building Director, who completed 21 years of service with
the City of Bakersfield, effective February 28, 1974.
Correspondence.
Communication from the League of California Cities
requesting the Mayor to serve on a committee to urge approval by
the voters of AB 161, which would continue State participation in
the Clean Water Grant Program providing 87~% State and Federal
funding for local sewage plant treatment construction. This legis-
lation will appear on the June 1974 ballot as a $250 million bond
issue and if approved assures State participation for another four
years. Upon a motion by Councilman Heisey, Mayor Hart was appointed
to serve on this committee.
Mayor Hart referred to a communication from Congressman
William Ketchum to Director of Public Works Bidwell regarding
funding of projects on sewage treatment facilities.
Scheduled Public Statements.
Mr. Charles Reed addressed the Council relative to the
standards set by the State of California for Wastewater Treatment
Facilities and requested a copy of these standards. Director of
Bakersfield, California, March 4, 1974 - Page 2
Public Works Bidwell stated he would furnish Mr. Reed the requested
information.
Mr. Reed asked several questions relative to the City of
Bakersfield's recent acquisition of Tenneco's water rights to the
Kern River.
Mayor Hart referred to the recent request of the Kern
County Economic Opportunity Corporation for a replacement of the
Council's appointment on KCEOC Board of Directors and stated that
a report or recommendation would be made at next week's Council
meeting.
Reports.
Councilman Rogers, member of the Legislative Committee,
read Legislative Report No. 2, as follows:
AB 2942, a summary of which was contained in
the Legislative Bulletin of February 22, 1974,
would reduce the City and County share of motor
vehicle license fee revenue by 5%. These monies
would be utilized by certain mountain counties
for damages caused by tourist activities in
those counties.
Because of the energy crunch, cities will suffer
a reduction in gasoline tax revenues. Cities
are in no position to give up revenues for use
in other areas. Counties which attract tourists
also benefit from money spent by the tourists.
While they have costs relative to such tourism,
they do not have the fixed costs which accompany
a permanent residence-type community. Therefore,
to give up funds to those counties which cater
to the tourist-type activity would be depriving
those communities of funds necessary to provide
services to their own community of permanent
residents.
It is recommended that the Council voice its
opposition to AB 2942.
Upon a motion by Councilman Rogers, the Mayor was
instructed to prepare the necessary communications to each of the
members of the Assembly Revenue and Taxation Committee, Assemblyman
Robert P. Nimmo and the League of California Cities, expressing
the Council's opposition to AB 2942.
212
Bakersfield, California, March 4, 1974 - Page 3
Council Statements.
Councilman Bleecker stated that in regards to the possible
loss of gas tax revenues he would like to be assured that the staff
or those who are responsible for planning future events, such as
improvement and maintenance of streets, are cognizant of this fact
and that some provision be made to keep up the same good standards.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2504 to 2566,
inclusive, in amount of $122,798.21.
(b) Claim for damages from Charles M. Fendrick,
3313 Boise Street. (Refer to City Attorney)
(c) Notice of Completion for street and sewer
improvements under Tract No. 3105.
(d) Notice of Completion and Acceptance of
Work in Tract No. 3499, located east of
New Stine Road and north of Wilson Road.
(e)
(f)
(g)
Upon
(d), (e), (f),
following roll
Ayes:
Noes:
Abs~nl: None
Notice of Completion and Acceptance of
Work in Tract No. 3664, located west of
New Stine Road and south of Stockdale
Highway.
Plans and Specifications for furnishing
and installing Steel Floodlighting Poles
at Jastro Park Tennis Courts.
Application for Encroachment Permit from
David H. Bradshaw, 3201 Haley Street.
a motion by Councilman Strong, Items (a), (b), (c),
and (g) of the Consent Calendar, were adopted by the
call vote:
Councilmen Rogers, Strong, Thomas, Bleecker, Heisey,
Medders
None
Addendum.
Councilman Strong stated that due to the unexpected
failure and major breakdown of one large air conditioning compressor
at Fire Station Headquarters, Station No. 1, an emergency request
for the transfer of necessary funds to replace this unit was sub-
mitted.
Bakersfield, California, March 4, 1974 - Page 4
213
Ayes:
Noes:
Absnet:
Upon a motion by Councilman Strong, Budget Transfer from
the Council's Contingency Fund No. 11-510-6100 to Fire Department -
Buildings Account No. 11-640-9200 in the amount of $3,500.00, was
approved by the following roll call vote:
Ayes: Councilmen Rogers, Strong, Thomas, Bleecker, Heisey,
Medders
Noes': None
Absent: None
Councilman Strong stated as a resulf of increased activity
relating to Water and Redevelopment matters during this fiscal year,
the funds within the City Attorney's budget for professional and
consulting services will not be adequate.
Upon a motion by Councilman Strong, Budget Transfer from
Account No. 11-520-4100 to Account No. 11-525-4100 in the amount of
$14,000.00, was approved by the following roll call vote:
Councilmen Rogers, Strong, Thomas, Bleecker, Heisey,
Medders
None
None
Deferred Business.
Adoption of Ordinance No. 2171 New
Series of the Council of the Cit~ of
Bakersfield adding Chapter 1.94 to
Title 1 of the Municipal Code, pro-
viding procedure for Claims Against
the City for Money or Damages.
Upon a motion by Councilman Medders, Ordinance No. 2171
New Series of the Council of the City of Bakersfield adding Chapte:r
1.94 to Title 1 of the Municipal Code, providing procedure for
Claims Against the City for Money or Damages, was adopted by the
following roll call vote:
Ayes: Councilmen Rogers, Strong, Thomas, Bleecker, Heisey,
Medders
Noes: None
Absent: None
214
Bakersfield, California, March 4, 1974 - Page 5
Adoption of Ordinance No. 2172 New
Series of the Council of the City of
Bakersfield amending Section 3.18.060
(Salary Schedule) of the Municipal
Code of the City of Bakersfield to
include "Internal Auditor."
Upon a motion by Councilman Bleecker, Ordinance No. 2172
New Series of the Council of the City of Bakersfield amending
Section 3.18.060 (Salary Schedule) of the Municipal Code of the
City of Bakersfield to include "Internal
the following roll call vote:
Auditor," was
adopted by
Ayes: Councilmen Rogers, Strong, Thomas, Bleecker, Heisey, Medders
Noes: None
Absent: None
New Business.
Approval of Assessment of Liquidated
Damages, Acceptance of Work and Mayor
authorized to execute Notice of Com-
pletion for construction of portions
of Truxtun Avenue, Chester Avenue and
17th Street.
Upon a motion by Councilman Heisey, Assessment of
Liquidated Damages in the amount of $1,500.00 was approved, the
Work was accepted, and the Mayor was authorized to execute the
Notice of Completion for construction of portions of Truxtun Avenue,
Chester Avenue and 17th Street.
Adoption of Resolution No. 17-74 of
the Council of the City of Bakers-
field fixing a time and place for
hearing protests by persons owning
real property within territory
designated as "Panoramic Heights No.
4," proposed to be annexed to the
City of Bakersfield.
Upon a motion by Councilman Rogers, Resolution No. 17-74
of the Council of the City of Bakersfield setting April 15, 1974,
in the Council Chambers of the City Hall as the time and place for
hearing protests by persons owning real property within territory
designated as'Panoramic Heights No. 4," proposed to be annexed
Bakersfield, California, March 4, 1974 - Page 6
215
to the City of Bakersfield, was adopted by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmen Rogers, Strong, Thomas, Bleecker, Heisey, Medders
None
None
Adoption of Resolution No. 18-74 of
Intention to include within the
Greater Bakersfield Separation of
Grade District territory designated
as "Panoramic Heights No. 4," and
setting the time and place for
hearing objections to the inclusion
of said territory within said District.
Upon a motion by Councilman Rogers, Resolution No. 18-74
of Intention to include within the Greater Bakersfield Separation
of Grade District territory designated as "Panoramic Heights No. 4,"
and setting April 15, 1974, in the Council Chambers of the City
Hall, as the time and place for hearing objections to t he inclusion
of said territory within said District, was adopted by the following
roll call vote:
Councilmen Rogers, Strong, Thomas, Bleecker, Heisey, Medders
Ayes:
Noes: None
Absent: None
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.56.020 of Chapter
17.56 of Title 17 of the Municipal
Code, providing for Automobile Off-
Street Parking Requirements.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.56.020 of
Chapter 17.56 of Title 17 of the Municipal Code, providing for
Automobile Off-Street Parking Requirements.
The proposed Ordinance amendments would increase the
number of required off-street parking spaces for multiple-family
dwellings, and allow the parking lane within the public sfreet,
adjacent to an apartment eomplex, to be used in calculating the
required guest parking spaces.
2i6
Bakersfield, California, March 4, 1974 - Page 7
Hearings.
This is the time set for public hearing before the Council
for consideration and confirmation of the Report and Assessment List
for abatement of Weeds under the 1973 Weed Abatement Program.
This hearing was duly posted and notices mailed to all
property owners of property on which the nuisance was abated.
Vice-Mayor Heisey declared the hearing open for public
participation.
Mrs. Charlene DeRivi, Reference No. SDG, stated that they
purchased this property on April 19, 1973 from George Uhler and
Earl Tyler and did not receive any Weed Abatement notifications.
In checking it was discovered that the notifications were sent to
Mr. Uhler and Mr. Tyler, who in turn did not ~rward the notices
to Mr. and Mrs. DeRivi, nor did they return them to the Public Works
Department. In checking this it was also discovered that the sale
was not recorded until September, 1973. Mrs. DeRivi requested the
Council to remove their property from the Assessment List as they
had no knowledge of the abatement.
Mr. Robert McClure, Reference No. 19-E, stated that he
did not purchase this property until January 7, 1974 from the
former owner Hollis Wilson. Mr. McClure requested the Council to
remove this property from the Assessment List as it will be added
to his property taxes and Mr. Wilson was the owner at the time the
weeds were abated.
Mrs. Dorothy Gardiner, Reference No. 42-Q, stated that
she was representing Mrs. Zellena Bonner, who owns the property,
and would like to be removed from the Assessment List as they are
clearing their own property of weeds.
Mr. Paul Powell, Reference No. 40-S, stated he did not
receive notification of the weed abatement as the County Assessor
had his address listed incorrectly. Mr. Powell requested the
Council to remove his property from the Assessment List.
Mr. Rudy C. Wyatt, Reference No. S1J, stated he was
protesting the assessment as he was not notified the weeds were
being removed.
Bakersfield, California, March 4, 1974 - Page 8
Ayes:
N~es:
Absnet:
Councilman Strong stated he was contacted by the brother
of Mr. John Sortell, Reference No. 57-D, who owns this property,
and apparently the contractor did not abate all of the weeds and
Mr. Sortell is protesting the amount of the assessment.
Vice-Mayor Heisey closed the public hearing for Council
deliberation and action.
After Council discussion it was decided to vote on each
protest individually.
Councilman Thomas moved that Reference No. 19-E be
removed from the Assessment List and the City Attorney instructed
to make every effort possible to collect the $215.00 assessment
from the prior owner Hollis Wilson. This motion was unanimously
approved.
Upon a motion by Councilman Strong, Reference No. 40-S,
owned by Paul Powell, was deleted from the Assessment List, by
the following roll call vote:
Ayes: Councilmen Rogers, Strong, Thomas, Bleecker, Medders
Noes: Councilman Heisey
Absent: None
Councilman Medders moved to delete Reference No. 42-Q,
owned by Zellena Bonner, from the Assessment List. This motion
failed to carry by the fo}lowing roll call vote:
Councilmen Strong, Thomas, Medders
Councilmen Rogers, Bleecker, Heisey
None
City Attorney Hoagland explained that a tie vote fails
to carry.
Councilman Strong moved that Reference No. 57-D remain
on the Assessment List and Public Works Director Bidwell be
instructed to contact Mr.
for the Council's action.
roll call vote:
John Sorrell and substantiate the reasons
This motion carried by the following
Ayes: Councilmen Rogers,
Noes: None
Absnet: None
Strong,
Thomas, Bleecker, Heisey, Medders
218
Bakersfield, California, March 4, 1974 - Page 9
Upon a motion by Councilman Thomas, Reference No. SSG,
was deleted from the Assessment List, by the following roll call
vote:
Ayes: Councilmen Rogers, Strong, Thomas, Bleecker, Heisey, Medders
Noes: None
Absent: None
Councilman Thomas moved to confirm the Assessments and
direct the City Clerk to file same with the County Recorder. This
motion carried by the following roll call vote:
Ayes: Councilmen Rogers, Strong, Thomas, Bleecker, Heisey, Medders
Noes: None
Absent: None
Councilman Medders reminded the public that A~TRAK will
begin servicing Bakersfield on Tuesday, March 5, 1974.
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.
M~ty of Bakersfield,
California
ATTEST:
ACTINg ~ITY CLERk' and ~x-Officio Clerk of the
Council Of the City ofJBakersfield, California
ma
Bakersf~ld, California, March 11, 1974
219
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at 8:00 P.M., March 11, 1974.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend David
Snow of the Chester Avenue Baptist Church.
The City Clerk called the roll as follows:
Present:
Absent:
approved
Mayor Hart.
None
Minutes of the
Councilmen Strong, Thomas, Bleecker,
Medders, Rogers
regular meeting of March 4, 1974 were
Heisey,
as presented.
Presentation of Retirement Plaque.
Mayor Hart presented a retirement plaque to George V.
Police Department, who completed 32 years of service with
Strelich,
the City of Bakersfield, effective, March l, 1974.
Council Statements.
Councilman MedSers made a statement regarding the absence
of all the Kern County State Legislators at the General Meeting of
the South San Joaquin Division of the League of California Cities
held in Clovis on March 8, 1974.
Councilman Medders referred to a Proclamation issued by
Mayor Hart in conjunction with the Women's Division of the Chamber
of Commerce and the California Federation of Women's Clubs desig-
nating March as "Clean Up Month," and reminded the public that
cleaning of alleys is the responsibility of the adjacent property
owner.
Councilman Thomas nominated Robert MacDonald, 615 Myrtle
Street, for appointment to the Board of Directors of the Kern County
Economic Opportunity Corporation.
Councilman Strong nominated Larry Robinson, 2612 Crest
Drive, for appointment to the Board of Directors of the Kern County
Economic Opportunity Corporation.
Bakersfield, California, March 11, 1974 - Page
Mr. Larry Robinson was appointed to the Board of Directors
of the Kern County Economic Opportunity Corporation by the following
roll call vote:
Ayes:
Councilmen Strong, Heisey, Medders, Rogers
Noes: None
Absent: None
Abstaining: Councilmen Thomas, Bleecker
Councilman Heisey commented on Councilman Medder's state-
ment regarding the absence of Kern County State Legislators at
meetings of the South San Joaquin Division of the League of California
Cities.
Reports.
Councilman Rogers, Chairman of the Auditorium-Recreation
Committee, read a report regarding the California Avenue Neighbor-
hood Facility, as follows:
The Auditorium-Recreation Committee recently
held meetings with the staff regarding program-
ming at the California Avenue Park Community
Center. Auditorium-Recreation Manager Charles
Graviss requested these meetings in order to
receive some guidelines from this Committee and
the Council as to the level of services that
should be provided at this facility.
At the present time, the City is leasing office
space to Bakersfield College and KCEOC. In
addition to these two agencies, Kern County is
in the process. of leasing space for the Health
and Probation Departments.
A problem area seems to be the level of recreation
programming to be provided by the City. The
Auditorium-Recreation Manager cannot carry out
a year around program without some guidelines
from the Council as to what is an acceptable
level of service to be maintained.
In an attempt to establish a service level, the
staff has met with the Citizen's Advisory Committee
for programming ideas, and then submitted a pro-
posed budget to the Council's Auditorium-Recreation
Committee for fiscal year 1974-75. The approved
1973-74 budget was strictly an estimate, and
since the time of its approval the building has
been opened to the public on occasions in order
to get some idea of its potential usage. We
found from this experience that the budgeted
amount is not a realistic figure.
Bakersfield, California, March ll, 1974 - Page 3
The Auditorium-Recreation Committee has reviewed
this proposed 1974-75 budget; however, we are
not recommending approval at this time. We are
recommending approval of a service level for the
remainder of fiscal year 1973-74, using the 1974-75
proposed budget as a guideline. (This budget is
attached to this.report) We are of the opinion
that the proposed programs are essential in
providing a basic recreation program. By
eliminating some programs that were originally
requested at the Committee meetings, we have
cut the proposed budget from $125,401 to $116,386.
After considerable deliberation on this matter,
this Committee recommends that the Council
approve this service level, authorize the
Auditorium-Recreation Manager to use available
funds to conduct these recreation programs for
the remainder of the 1973-74 fiscal year, and
pursue this same level when he submits his
proposed budget for the 1974-75 budget sessions.
Upon a motion by Councilman Rogers, the report was adopted,
and the Auditorium-Recreation Manager was authorized to use avail-
able funds to conduct the recreation programs for the remainder of
the 1973-74 fiscal year and pursue the same service level when he
submits his proposed budget for the 1974-75 budget sessions.
Councilman Medders, Chairman of the Budget Review and
Finance Committee, read a report on the subject of Modifications
of Assessed Liquidated Damages - California Avenue Park Neighbor-
hood Facility, as follows:
At the January 21st meeting of the City Council,
the Council instructed the Budget Review and
Finance Committee to review the assessment of
liquidated damages against the Frank Terry
Construction Company, contractor for the Cali-
fornia Avenue Park Neighborhood Facility. Since
that time, this Committee has held an open
meeting with Mr. Terry, his attorney, Milton
Younger, five of his subcontractors, architect
Len Schroeder, and the staff. At this meeting,
the contractor, through his attorney, pointed
out reasons why a total extension of 61 days
was justifiable.
After hearing from all parties regarding this
problem, this Committee has found as follows:
There was definite evidence of unnecessary
delay and disinterest on the part of the
contractor to meet the contract completion
date.
o
Many of the hazards and conditions used in
the pleadings of the contractor are normal
hazards and conditions that face any con-
tractor on any construction bid.
2'2.2
Bakersfield, California, March 11, 1974 - Page 4
received.
Much of the loss due to vandalism is covered
by insurance for which claims have been
filed, and the contractor will probably
recover.
The Bakersfield City Council, upon the
recommendation of the staff, has already
granted a 60-day extension of additional
time to the contractor.
Due to the late completion date, the City
experienced a loss in revenue from pro-
spective tenants. Also, employees were
hired based on the original completion date.
The delay meant that the City paid salaries
of these employees for an additional three
months, plus a project inspector for an
additional 116 days.
Based on these findings, this Committee will
accept the opinion of the contractor and recom-
mend that the Council grant the contractor a
61-day extension, rather than 60 days as was
originally granted. We also recommend that the
Council modify the assessment, which was set
at the January 14th City Council meeting, by
one day.
Upon a motion by Councilman Medders, the report was
The
(a)
(b)
(c)
(d)
(e)
(f)
Consent Calendar.
following items were listed on the Consent Callendar
Allowance of Claims Nos. 2567 to 2655,
inclusive, in amount of $104,375.25.
Request of Dewey Jones, Waste Water Treat-
ment Plant Operator II, for additional 90-
day leave of absence without pay beginning
March 17, 1974.
Plans and Specifications for improvement
of East Brundage Lane from 1200' east of
Lakeview Avenue to 400' east of Mr. Vernon
Avenue.
Application for Encroachment Permit from
Sarah S. Widomer, 1128 Acacia Avenue.
Notice of Completion and Acceptance of
Work for installation of Traffic Signal
and Street Lighting System at the inter-
section of Wilson Road and Hughes Lane.
Street Right of Way Deed from Carl V. Ash,
Jr., Administrator of the Estate of Lucille
Ann Ash, deceased - Widening of "Q" Street
between Southern Pacific Railroad and 34th
Street.
Bakersf~ ld, California, March 11, 1974 - Page 5
223
(g) Construction Change Order No. i for "Phase
Two - Relocation of Sewer Mains for State
Route 58 Freeway."
Upon a motion by Councilman Strong, Items (a), (b), (c),
(d), (e), (f), and (g) of the Consent Calendar, were adopted by the
following roll call vote:
Ayes:
Noes:
Absent:
Fire Equipment Company
bids were rejected.
Councilmen Strong, Thomas, Bleecker, Heisey, Medders,
None
None
Action on Bids.
Upon a motion by Councilman Medders, low bid of Wardlaw
for Fire Hose was accepted and all other
Rogers
Deferred Business.
Adoption of Ordinance No. 2173 New
Series of the Council of the City of
Bakersfield amending Section 17.56.020
of the Municipal Code, providing for
Automobile Off-Street Parking Require-
ments.
Upon a motion by Councilman Thomas, Ordinance No. 2173
New Series of the Council of the City of Bakersfield amending
Section 17.56.020 of the Municipal Code, providing for Automobile
Off-Street Parking Requirements, was adopted by the following roll
call vote:
Ayes: Councilmen Strong, Thomas, Bleecker, Heisey, Medders, Rogers
Noes: None
Absent: None
Councilman Heisey requested the Planning Commission to
investigate the possibility of tandem parking for apartment complexes.
New Business.
Approval of Construction Change Order
No. 1 for construction of Aeration
System and Modification of Stabili-
zation Ponds at Wastewater Treatment
Plant No. 3.
Upon a motion by Councilman Medders, Construction Change
Order No. 1 with Lumsdaine Construction, Inc., for construction of
224
Bakersfield, California, March 11, 1974 - Page 6
Aeration System and Modification of Stabilization Ponds at Waste-
water Treatment Plant No. 3, was approved and the Mayor was
authorized to execute same.
Approval of request of Lieutenant
J. L. Munoz, Police Department, for
45 day Leave of Absence Without Pay.
Upon a motion by Councilman Thomas, request of Lieutenant
J. L. Munoz, Police Department, for 45 day leave of absence without
pay beginning April 21, 1974 and extending through June 4, 1974, in
order to run for the office of County Sheriff, was approved.
Approval of request of Captain James
Ware, Police Department, for 62 day
Leave of Absence Without Pay.
Upon a motion by Councilman Bleecker, request of Captain
James Ware, Police Department, for 62 day leave of absence without
pay beginning April 5, 1974 and extending through June 5, 1974, in
order to run for the office County Coroner, was approved.
Councilman Heisey was designated to represent the City
of Bakersfield at the Kern County City Selection Committee Meeting
to be held Wednesday, March 20, 1974.
Adjournment.
There being no further business to come before the Council,
upon a motion by Councilman Thomas, the meeting was adjourned at
8~25 P.M.
ity of t~axersfield,
Calif.
ATTEST:
ma
Bakersfield, California, March 18, 1974
Minutes of a special meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers
of the City Hall at 4:00 P. M0, March 18, 1974.
The meeting was called to order by Mayor Hart. The
City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Thomas, Bleecker, Heisey,
Medders, Rogers, Strong
Absent: None
Mayor Hart announced that this meeting was called for
the purpose of discussion and action concerning the Downtown
Bakersfield Redevelopment Project.
City Manager Bergen and City Attorney Hoagland explained
to the Council that in order to allow the Redevelopment Agency to
proceed with the construction of a Parking Garage adjacent to the
Bank of America complex it would be necessary to take certain
actions on documents to achieve this and would recommend that the
Council approve these items.
After lengthy Council discussion the following actions
were taken:
Adoption ~f Resolution No. 19-74 of
the Council of the City of Bakersfield
making certain findings and determina-
tions with respect to the acquisition
of land in the Downtown Bakersfield
Redevelopment Project and to the design
and construction by the Bakersfield
Redevelopment Agency of a publicly-owned
Parking Garage; and consenting to the
expenditure of funds therefor and to
the designing, construction and owner-
ship of the Garage by the Agency.
Upon a motion by Councilman Medders, Resolution No.
19-74 of the Council of the City of Bakersfield making ceftin
findings and determinations with respect to the acquisition of
land in the Downtown Bakersfield Redevelopment Project and to the
design and construction by the Bakersfield Redevelopment Agency of
a publicly-owned Parking Garage; and consenting to the expenditure
Bakersfield, California, March 18, 1974 - Page 2
of funds therefor and to the designing, construction and ownership
of the Garage by the Agency, was adopted by the following roll
call vote:
Councilmen Thomas, Bleecker, Heisey, Medders, Rogers, Strong
Ayes:
Noes: None
Absent: None
Adoption of Resolution No. 20-74 of
the Council of the City of Bakersfield
consenting to and authorizing the
execution of a Reimbursement Agreement
with the Bakersfield Redevelopment
Agency.
Upon a motion by Councilman Medders, Resolution No.
20-74 of the Council of the City of Bakersfield consenting to
and authorizing the execution of a Reimbursement Agreement with
the Bakersfield Redevelopment Agency, was adopted by the following
roll call vote:
Ayes: Councilmen Thomas, Bleecker, Heisey, Medders, Rogers,
Strong
Noes: None
Absent: None
Finance Director Haynes explained the fiscal procedure
for advancing the $453,000.00 to the Redevelopment Agency and the
fiscal procedure to be followed by the Redevelopmenf Agency in
reimbursing the City of Bakersfield for those advances, as follows:
ADVANCES TO REDEVELOPMENT AGENCY:
March 18, 1974 - $105,000.00 in land
March 18, 1974 - $115,000.00 in cash on a Promissory
Note at 6% interest due on or before
October 1, 1974
June l, 1974 - $233,000.00 in cash on a Promissory
Note at 6% interest due on or before
October l, 1974
REDEVELOPMENT AGENCY TO REIMBURSE THE CITY:
From Bond proceeds $348,000.00
From sale of land $105,000.00
Bakersfield, California, March 18, 1974 - Page 3
227
Approval of provision for funds to
Redevelopment Agency for the acquisition
of land, advances and loans.
Upon a motion by Councilman Medders, provision for
funds to Redevelopment Agency for the acquisition of land,
advances and loans, was approved by the following roll call
vote:
Ayes:
Noes:
Absent:
Council,
adjourned at
Councilmen Thomas, Bleecker, Heisey, Medders, Rogers,
Sfrong
None
None
Adjournment.
There being no further business to come before the
upon a motion by Councilman Bleecker, the mee!ing was
5:20 P, M.
MAYOR o~h~ Cit~-e Bakersfield,
Calif.
ATTEST:
ACTING CL~a~ Ex-Officio Clerk of the
Council of the City~/of Bakersfield, California
ma
228
Bakersfield, California, March 18, 1974
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at 8:00 P.M., March 18, 1974.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and invocation by the Reverend Robert
Sanford of the Wesley United Methodist 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 March ll, 1974 were
approved as presented.
Scheduled Public Statements.
Mr. Steve Barber, Administrative Assistant to Assemblyman
Raymond Gonzales, read a prepared statement responding to criticism
regarding attendance of Kern County State Legislators at meetings
of the South San Joaquin Division of the League of California Cities.
After discussion, the Council requested Mr. Barber to
invite Assemblyman Gonzales to meet with the Council and discuss
various legislation affecting the City of Bakersfield.
Correspondence.
Upon a motion by Councilman Medders, communication from
Milton M. Younger, Attorney at Law, regarding Modifications of
Assessed Liquidated Damages - California Avenue Park Neighborhood
Facility, was received and ordered placed on file.
Upon a motion by Councilman Medders, report of the Budge-t
Review and Finance Committee received at the Council meeting of
March 11, 1974, on the subject of Modifications of Assessed Liquidated
Damages - California Avenue Park Neighborhood Facility, was adopted.
Councilman Heisey abstained from voting and Councilman Strong voted
in the negative on this motion.
Bakersfield, California, March 18, 1974 - Page 2
229
Council Statements.
Councilman Bleecker reported on a meeting held on
Friday, March 15, 1974, with the State Department of Transpot-
tation regarding the 24th Street Corridor (Freeway 178) and
various alternatives to the originally proposed freeway.
Councilman Strong commented on a disturbance which
occurred at Bakersfield High School on Friday, March 15, 1974
and a meeting which was held later with the parents.
Reports.
Councilman Rogers, member of the Legislative Committee,
read Legislative Report No. 3, as follows:
Council members received a bulletin from the
League of California Cities Monday before last
relative to the amendments to the Fair Labor
Standards Act. The particular amendment to
the Act relates to overtime provisions for fire-
men. The amendment would require time and a
half pay for all work in excess of 40 hours
per week by 1978. The time and a half provi-
sions would be staggered over a five-year
period.
Attached is the analysis of the League and
analysis of the City of Bakersfield.
The cost to cities will be in the billions.
The cost to the City of Bakersfield is esti-
mated to be
City Tax
Rate Increase
Year i $447,443 23 cents
Year 2 539,480 28 cents
Year 3 643,897 33 cents
Year 4 748,314 39 cents
Year 5 865,731 45 cents
Total cost for five years to the City of
Bakersfield is estimated at $3,244,865.
These amendments were vetoes last year by
President Nixon.
S 2747 has been passed by the Senate and now
goes to a conference committee to reconcile
HR 10458 with S 2747.
If amendments to S 2747 and HR 10458 specifi-
cally deleting the provisions relating to fire-
men are not made and the bills pass, then they
become law with the President's signature.
23O
Bakersfield, California, March 18, 1974 - Page 3
It is recommended that the Council voice its
opposition to S 2747 and HR 10458 and communi-
cate this opposition to Senators Cranston and
Tunney and Congressman Ketchum and ask that fhe
President veto The measure if the provisions
containing overtime for firemen are not deleted.
Upon a motion by Councilman Rogers, the Mayor was
instructed to prepare necessary communications to all Committee
members hearing these bills, Senators Cranston and Tunney, and
Congressmen Ketchum and Mathias, expressing the Council's opposi-
tion to S 2747 and HR 10458 and ask that the President veto the
measure if the provisions containing overtime for firemen are
not deleted. Councilman Strong abstained from voting on this
motion.
Councilman Bleecker, Chairman of the Governmental
Efficiency & Personnel Committee, read a report regarding
Management Payroll Withholding Program, as follows:
In September of 1972, the City Council
instructed the staff to look into various
possibilities for providing additional
supplemental benefit programs for manage-
ment personnel. This idea came about
because of constant changes in the field of
employer-employee relations which make it
necessary to recognize management employees.
As a result of this, the Governmental Effi-
ciency and Personnel Committee has, from
time to time, discussed various programs
with the staff, such as deferred compensation,
life insurance programs, and post employment
physical examinations.
In order to effectuate a program such as this,
it is necessary to designate those employees
who would be eligible for these benefits, and
authorize payroll withholding. By doing this,
we feel that we are creating a management
identity and recognition. This management
group comprises the first level of supervisors
to top management, and is non-political and
non-partisan. Those employees designated as
management are set for~in the Municipal Code
as Executive Group, Executive Support Group,
and Supervisory Personnel Group.
At this particular time, we have developed a
proposed deferred compensation plan and a life
insurance program which we feel are acceptable
to the City's management employees and this
Committee. (These two plans are attached to
this report.) The purpose of the proposed
deferred compensation plan is to allow an
Bakersfield, California, March 18, 1974 - Page 4
231
individual to set aside a portion of his salary
by a specific amount, and invest these funds
as a means of providing a supplemental reitre-
ment program. Income tax is deferred until the
money is received upon retirement; however, it
would then be taxed at a lower rate due to the
lower amount of income a retire individual
normally receives. A life insurance program of
$10,000 accidental death and dismemberment will
also be available.
We would like to poinf out to the Council that
payroll withholding for these programs is
strictly voluntary. The amount to be withheld
for deferred compensation is determined by the
employee, and likewise the withholding for life
insurance is up to each individual's choice.
The cost to the City for these benefits is a
small administration cost.
In order to initiate these programs, the Govern-
mental Efficiency and Personnel Committee is
recommending Council approval of the attached
City of Bakersfield Deferred Compensation Plan
and resolution regarding this deferred compen-
sation plan, which will be submitted !to the
Internal Revenue Service for its approval; and
authorization for payroll withholding for the
deferred compensation program, the life insur-
ance program, and other employee contributions
to future plans or benefits for this management
group.
Upon a motion by Councilman Bleecker, report of the
Governmental Efficiency & Personnel Committee regarding Management
Payroll Withholding Program was adopted.
Mr. Randall Prevo, General Manager of the Bakersfield
City Employees' Association, addressed the Council stating that
the Employees' Association was objecting to the report and
requested the Council to refer this matter back to Committee for
meet and confer sessions.
Adoption of Resolution No. 21-74 of
the Council of the City of Bakers-
field approving an Employees' Deferred
Compensation Plan and authorizing its
implementation.
After discussion, upon a motion by Councilman Bleecker,
Resolution No. 21-74 of the Council of the City of Bakersfield
approving an Employees' Deferred Compensation Plan and author-
izing its implementation, was adopted by the following roll call
vote:
232
Bakersfield, California, March 18, 1974 - Page 5
Ayes: Councilmen Bleecker, Heisey, Medders, Rogers
Noes: Councilmen Strong, Thomas
Absent: None
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2656 to 2730,
inclusive, in amount of $67,569.03.
(b)
Grant of Sewer Easement from John R. and
Brenda B. Pulskamp to serve Tract No.
3683 in the southwest area.
(c) Map of Tract No. 3678 and Contract and
Specification for improvements therein.
(d) Map of Tract No. 3683 and Contract and
Specification for improvements therein.
(e) Map of Tract No. 3532, Unit "B".
(f) Map of Tract No. 3675.
(g)
Street Right of Way Deed from William S.
and Alta M. Sells - widening of "Q" Street
between Southern Pacific Railroad and
34th Street.
(h)
Notice of Completion of improvements in
Tract No. 3675 located south of Sundale
Avenue and west of Pebble Beach Drive in
Kern City.
(i) Notice of Completion of improvements in
Tract No. 3626.
(j)
Adoption of Resolution No. 22-74 of the
Council of the City of Bakersfield making
finding concerning proposed Subdivision:
Tentative Tract No. 3710 located northerly
of Ming Avenue, easterly of Valhalla Drive
and westerly of Stine Road, on the northerly
extension of McDonald Way.
(k)
Adoption of Resolution No. 23-74 of the
Council of the City of Bakers~eld making
finding concerning proposed Subdivision:
Tentative Tract No. 3673 located northerly
of Ming Avenue, approximately 1100', and
westerly of Stine Road.
Upon a motion by Councilman Strong, Items (a), (b),
(d), (e), (£), (g), (h), (i), (j), and (k)of the Consent
Calendar, with the deletion of Item (c), were adopted by the
following roll call vote:
Bakersfield, California, March 18, 1974 - Page 6
233
Ayes:
Noes:
Councilmen Bleecker, Heisey, Medders,
Thomas
None
Rogers, Strong,
Absent: None
Old Business.
Acceptance of Overview Study by Arthur
D. Little, Inc.
Upon a motion by Councilman Thomas, Overview Study by
Arthur D. Little, Inc. was accepted.
New Business.
Upon a motion by Councilman Medders, report from the
Traffic Division of the Police D~artment was adopted and con-
sidered first reading of an Ordinance reducing the speed limit
on Real Road from Chester Lane to Palm Street, from 40 miles per
hour to 25 miles per hour.
First reading of an Ordinance of the
Council of the City of Bakersfield
authorizing amendment to the Contract
between the City of Bakersfield and
the California Public Employees' Retire-
ment System concerning the exclusion
of "School Crossing Guards" and "Police
Cadets" who are hired on or after
February l, 1974, and directing Mayor
to execute on behalf of City.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield authorizing amendment to the
Contract between the City of Bakersfield and the California
Public Employees' Retirement System concerning the exclusion of
"School Crossing Guards: and "Police Cadets" who are hired on or
after February l, 1974, and directing Mayor to execute on behalf
of City.
Approval of Assessment of Liquidated
Damages, Acceptance of Work and Mayor
authorized to execute Notice of Com-
pletion for eonstruction of a Parking
Lot in California Avenue Park.
Upon a motion by Councilman Medders, Assessment of
Liquidated Damages in the amount of $1,250.00 was approved, the
work was accepted, and the Mayor was authorized to execute the
234
Bakersfield, California, March 18, 1974 - Page 7
Notice of Completion for construction of a Parking Lot in Cali-
fornia Avenue Park.
Approval of Letter of Agreement between
the Finance Director and Computer
Counseling & Data Systems for temporary
data processing consulting services.
Upon a motion by Councilman Heisey, Letter of Agree-
ment between the Finance Director and Computer Counseling &
Data Systems for temporary data processing consulting services,
was approved.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Strong, the meeting was
adjourned at 9:10 P.M.
Calif.
ATTEST:
ACTIN.G~/C~IT~Y CLERKSand ~-Officio Clerk of the
Council of the City oUBakersfield, California
ma
Bakersfield, California, March 25, 1974
235
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at 8:00 P.M., March 25, 1974.
The meeting was called to order by Vice-Mayor Heisey
followed by the Pledge of Allegiance and Invocation by the Reverend
Leon Reames of the First Southern Baptist Church.
The City Clerk called the roll as follows:
Present: Councilmen Heisey, Medders, Rogers, Strong, Thomas,
Bleecker
Mayor Hart
Absent:
Minutes of the special and regular meetings of March 18,
1974 were approved as presented.
Councilman Rogers acknowledged the presence of a
Government Class from Highland High School.
Scheduled Public Statements.
Mr. Ray Metclaf, Administrator of the Beverly Manor
Sanitarium, 3601 San Dimas Street, extended an invitation to the
Council to attend their Open House on March 28, 1974.
Mr. Stafford Betty, 2509 Sunset Avenue, read a letter
to the Council asking that the City discontinue the unnecessary
and costly destruction of trees by the City Street Department.
Councilman Bleecker assured Mr. Betty that trees are
being planted in median islands and the staff will take his remarks
into consideration.
Mrs. Marie Dickinson, 1733 Cypress Circle, addressed the
Council regarding involvement of local students in a planned
revolutionary program under the guise of a Chicano movement and
distributed booklets to the Council entitled "La Raza Now It's
The Brown Revolution" by Rex T. Westerfield. The Council engaged
in a lengthy discussion with Mrs. Dickinson.
236
Bakersfield, California, March 25, 1974 - Page 2
Correspondence.
Upon a motion by Councilman Bleecker, communication from
Biggat, Frapwell, Ghezzi & Cartnal, A.I.A., Architecture Planning,
requesting the Council to revise the access to a new facility
under construction (Roadway Inn) at 818 Real Road, from Chester
Lane to Real Road or California Avenue and that fencing and land-
scaping be required on the south side of Chester Lane, was received
and referred to the Planning Commission.
Council Statements.
Councilman Heisey read a statement regarding the City of
Bakersfield's acquisition of Tenneco West's water rights, as follows:
Since the time we have undertaken the acquisition
of Tenneco West's water rights, a great amount
of confusion has been interjected over the
proposed use of the water. The County, for
example has indicated an interest in the
acquisition although prior to such acquisition
the County displayed little or no interest
while the operation of Tenneco water was by
Tenneco West.
Other groups such as Kern Delta have gone so
far as to actually file lawsuits in the matter.
Various entities have expressed vague fears
relative to the management of Tenneco West water
in the hands of the City.
Because the operation of the water is of such
importance in the ground water basin, an agree-
ment is proposed with the Kern County Water
Agency which should allay all fears and at the
same time aid the City in the undertaking which
the City has heretofore initiated.
The agreement is a proposed joint exercise of
powers agreement whereby the overall direction
for the operation of Tenneco West water would
be by a board comprised of City appointees and
agency appointees. The water rights would
remain in the ownership of the City and the
former Tenneco employees would enjoy City employee
status but the operation of the water in all of
its complex uses would be administered by the
board.
In the proposed Joint Powers Agreement principles
it is stated that the undertakings previously
initiated by the City would be pursued by the
City and agency. Such things as water exchanges,
operation of the Kern Island Canal utilities,
spreading water, water for the treatment plant,
Lake Isabella recreational pool and others would
fall within the purview of operations.
Bakersfield, California, March 25, 1974 - Page 3
237
The Kern County Water Agency is a county-wide
agency with the prime responsibility for water
use in the ground water basin. It is fitting
that the City and the agency work closely on
the disposition of the City's Kern River water.
The principles set forth in the Statement of
Principles would accomplish this and hopefully
bring about a solution to the water picture
which to date has been elusive. The agreement
should stifle the fears of those water users of
Kern River waters. It should furthermore make
unnecessary the County of Kern's participation
in water matters which properly belong to the
agency where the voters long since have placed
it.
We feel that the adoption of these statements
of principles will go a long way towards the
clearing of the skies relative to the City's
acquisition of Tenneco West water rights.
This evening at 5:30 p.m., the Kern County Water
Agency unanimously adopted the attached Statement
of Principles. If it is the pleasure of the
Council, it would be appropriate for the City to
follow their act of good faith and adopt the
same set of Principles and to instruct the staff
to rapidly proceed to bring the agreement into
final form for adoption by both entities.
STATEMENT OF PRINCIPLES
Because the Kern County Water Agency (herein-
after "KCWA'%) has County-wide water responsibilities
and in view of the acquisition by the City of
Bakersfield, (hereinafter "City") of large blocks
of Kern River water and water distribution
facilities from Tenneco West, Inc.~ it seems
appropriate that the two agencies, KCWA and
City, combine their efforts for the use and
distribution of such waters for the benefit of
the local community and the area covered by its
ground water basin. The most appropriate method
for accomplishing such objectives is:
(i)
A joint exercise of powers agreement pur-
suant to Article 1 of Chapter 5, Division
7, Title 1 (Government Code Sections 6500
et seq.);
(2)
The joint exercise of powers agreement
would provide for a board comprised of
seven members -- three to be appointed by
the City of Bakersfield and three to be
appointed by the Kern County Water Agency.
The seventh member would be appointed by
the six.
(3)
This board would have the usual powers of
setting its procedures for conduct and
will be responsible for the operation, use
and distribution of all Kern River water
and facilities acquired and all water made
available by virtue of such acquisition and
operation.
238
Bakersfield, California, March 25, 1974 - Page 4
(4)
The undertakings previously initiated by
the City for the acquisition of TWI water
and facilities and the sale of certain of
the waters thereof will be pursued by the
City and KCWA.
Councilman Heisey moved that the Statement of Principles
be adopted and the staff instructed to proceed immediafely with the
Statement of Principles.
Councilman Bleecker stated that due to the importance of
the water issue and lack of opportunity to study the Statement of
Principles he would have to abstain from voting.
After discussion, Councilman Heisey's motion to adopt
the Statement of Principles and instruct the staff to proceed
immediately with the Statement of Principles, was approved by the
following roll call vote:
Ayes: Councilmen Heisey, Medders, Rogers, Strong, Thomas
Noes: None
Absent: None
Abstaining: Councilman Bleecker
Councilman Thomas stated that he understands that working
drawings have been submitted for the new Police Facilities Building
and requested the Council and staff to consider converting the
area of the old Police Building to a park with underground parking
facilities.
Reports.
Councilman Rogers, Chairman of the Auditorium-Recreation
Committee, read a report regarding Additional Charge for Softball
Entry Fees for 1974, as follows:
In the spring of 1966, the City Council estab-
lished a policy regarding fees and charges for
the City adult softball and basketball program.
At that time, it was e~tablished that the teams
participating in these activities should pay
fifty percent of the total recreation expenditures
for these programs. Due to increased costs, the
City Council authorized an incteas of $10 per
team for entry fees during the 1972 softball
season.
Bakersfield, California, March 25, 1974 - Page 5
The City's Auditorium-Recreation Manager has
recently researched the costs for programming
the 1974 adult softball season, and has found
it necessary to increase the entry fee from
$85 per team to $100 per team.
The Citizen's Auditorium-Recreation Advisory
Committee, as well as the Council's Auditorium-
Recreation Commitlee has reviewed these costs,
and we recommend fhat the Cify Council authorize
the Recreation Division to charge an additional
$15 per team entry fee for the 1974 softball
season.
Upon a motion by Councilman Rogers, report of the
AuditOrium-Recreation Committee regarding Additional Charge for
Softball Entry Fees for 1974 was adopted and the Recreation Division
was authorized to charge an additional $15 per team entry fee for
the 1974 Softball season.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2731 to 2861,
inclusive, in amount of $112,818.50
(b)
Notice of Completion and Acceptance of
Work for the Modification of Traffic
Signals at various locations - Contract
No. 73-85 with Safety Electric Company.
(c)
Notice of Completion and Acceptance of
Work for paving of Wilson Road and
District Boulevard - Contract No. 73-103
with Foth Construction Company.
(d)
Street Right of Way Deed from Richard D.
and Margaret L. Smifh - widening of "Q"
Street between the Southern Pacific
Railroad and 34th Street.
Upon a motion by Councilman Strong, Items (a), (b), (c),
and (d) of the Consent Calendar, were adopted by the following
roll call vote:
Ayes: Councilmen
Noes: None
Heisey, Medders,
Bleecker
Rogers, Strong, Thomas,
Absent: None
Action on Bids.
Councilman Medders moved to accept the bid of Ad-Art Co.
for installation and maintenance of Benches on City Right of Way,
for a three year contract period and reject the other bid.
24O
Bakersfield, California, March 25, 1974 - Page 6
Martin J. Barab, Attorney, representing Coast United
Advertising Co., Inc. DBA Bench-Ad Company, the unsuccessful
bidder, stated that they are protesting the awarding of this bid
to Ad-Art Co., as they were given only 30 days notice to submit a
bid and obtain home owners consent for placing the benches. Mr.
Barab went on to state that Bench-Ads has been operating in the
City for over 25 years, recently invested $30,000.00 in capital
improvements and have 205 benches placed in the City. Bench-Ads
is requesting the Council to reconsider this bid or award it on
a nonexclusive basis.
City Manager Bergen stated Bench-Ads could have submitted
a letter requesting a delay in opening the bids to discuss these
complaints.
After discussion, Councilman Thomas offered a substitute
motion to refer this item to the Bus~less Development and Parking
Committee for further s~udy.
Mr. Joe Goesling, Ad-Art Co., stated he bid 122 benches
as this was the number of property owner consents that were obtained
and as time goes on he would like to expand that number, as needed.
Councilman Rogers stated there is a proposed Sign Ordinance
under study now and in this ordinance there is a recommendation
that advertising of this sort be classed as a nonconforming sign,
in other words be refused. I don't know whether that will remain
in the proposed Sign Ordinance after the City holds public hearings
and the final ordinance is passed, but both of the bidders should
be aware that this could remain in the Sign Ordinance and bus stop
bench advertising could be eliminated.
After further discussion, Councilman Thomas' motion to
refer this item to the Business Development and Parking Committee
failed to carry by the following roll call vote:
Ayes: Councilmen Strong, Thomas
Noes: Councilmen Heisey, Medders,
Absent: None
Rogers, Bleecker
Bakersfield, California, March 25, 1974 - Page 7
241
Co.
Way,
was approved by the
Ayes:
Noes:
Absent:
Councilman Medders' motion to accept the bid of Ad-Art
for installation and maintenance of Benches on City Right of
for a three year contract period and reject the other bid,
Bleecker
Supply for Annual Contract PVC Pipe and Sprinklers, was accepted,
this being the only bid received, and the Mayor was authorized to
Ayes:
Noes: None
Absent: None
execute the contract.
After discussion,
bid of Jim Alfter Concrete
upon a motion by Councilman Strong,
for Annual Contract Curbs, Gutters and
No.
amending Section 11.04.791 of the Municipal
Bakersfield (Speed Limit on Real Road), was
roll call vote:
Councilmen Heisey, Medders, Rogers,
Sidewalks, was accepted, this being the only bid received, and the
Mayor was authorized to execute the contract.
Deferred B~siness.
Adoption of Emergency Ordinance No.
2174 New Series of the Council of the
City of Bakersfield amending Section
11.04.791 of the Municipal Code of the
City of Bakersfield (Speed Limit on
Real Road).
Upon a motion by Councilman Medders, Emergency Ordinance
2174 New Series of the Council of the City of Bakersfield
Code of
adopted
Strong, Thomas, Bleecker
Adoption of Ordinance No. 2175 New
Series of the Council of the City of
Bakersfield authorizing amendment to
the Contract between the City of
Bakersfield and the California Public
Employees' Retirement System concerning
the exclusion of "School Crossing Guards"
and "Police Cadets" who are hired on or
after February 1, 1974, and directing
the Mayor to execute on behalf of the
City.
the City of
by the following
following roll call vote:
Councilmen Heisey, Medders, Rogers, Strong,
Councilman Thomas
None
Upon a motion by Councilman Medders, bid
of Kern Turf
242
Bakersfield, California, March 25, 1974 - Page 8
Upon a motion by Councilman Bleecker, Ordinance No. 2175.
New Series of the Council of the City of Bakersfield authorizing
amendment to the contract between the City of Bakersfield and the
California Public Employees' Retirement System concerning the
exclusion of "School Crossing Guards" and "Police Cadets" who are
and directing the Mayor to
adopted by the following roll
hired on or after February 1, 1974,
exeucte on behalf of the City, was
call vote:
Ayes: Councilmen Heisey,
Noes~~ None
Absent: None
Medders, Rogers, Strong, Thomas, Bleecker
New Business.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 5.16.040 of Chapter
5.16 of Title 5 of the Municipal Code,
providing for Disposition of Unclaimed
Property.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 5.16.040 of
Chapter 5.16 of Title 5 of the Municipal Code, providing for
Disposition of Unclaimed Property.
This Ordinance, recommended by the Chief of Police
would permit public use of personal property which has been
unclaimed for three months upon the determination of the Chief
that such property is needed for public use; upon such determination,
the proptry shall be added to the inventory as City property,
subject to restoration as provided in Section 5.16.010.
Approval of Agreement between the City
of Bakersfield and P. G. & E. for
installation of Street Light on Golden
State Avenue Frontage Road.
Upon a motion by Councilman Bleecker, Agreement between
the City of Bakersfield and P. G. & E. for installation of Street
Light on Golden State AvenRe Frontage Road was approved and the
Mayor was aufhorized to execute same.
Bakersfield, California, March 25, 1974 - Page 9
243
Reception of Acting City Clerk's
Certificate of Nomination Lisf for
the Special Municipal Election for
the Office of Councilman in the 7th
Ward of the City of Bakersfield.
Upon a motion by Councilman Medders, the Acting City
Clerk's Certificate of Nomination List for the Special Municipal
Election to fill the vacancy on the Council of the City of
Bakersfield for the unexpired term in the Seventh Ward, consolidated
with the State of California Direct Primary Election to be held on
June 4, 1974, was received and ordered placed on file.
The following candidates have filed petitions with the
City Clerk's Office for the office of Councilman of the ?th Ward:
NAME OFFICE TERM OF OFFICE
James John Barton Councilman April, 1977
Charles L. Reed Councilman April, 1977
Hearings.
This is the time set for public hearing before the
Council for hearing protests by persons owning real prol~rty within
territory designated as "Panorama No. 1," proposed to be annexed to
the City of Bakersfield.
This hearing has
posted and notices sent to
been duly advertised, the property
all property owners as required by law.
One written protest was filed in the City Clerk's Office from
Chanslor-Western Oil and Development Company.
No protests or objections were received from the audience
and no one was present to speak in favor of the annexation.
Upon a motion by Councilman Rogers, the public hearing
was continued until April 29, 1974, by the following roll call
vote:
Ayes: Councilmen Heisey,
Noes: None
Absent: None
Medders, Rogers,
Strong, Thomas, Bleecker
244
Bakersfield, California, March 25, 1974 - Page l0
This is the time set
Council for hearing objections
Bakersfield Separation of Grade District a
territory designated as "Panorama No. 1."
duly advertised.
for public hearing before the
to include within the Greater
portion of certain
This hearing has been
Vice-Mayor Heisey declared the hearing open for public
participation.
Upon a motion by Councilman Rogers, the public hearing
was continued until April 29, 1974, by the following roll call vote:
Ayes: Councilmen Heisey,
Noes: None
Absent: None
Council,
ad3ourned
Medders, Rogers, Strong, Thomas, Bleecker
Adjournment.
There being no further business to come before the
upon a motion by Councilman Bleecker, the meeting was
at 10:20 P.M.
ATTEST:
~VIt~E-MAYOR 'Of th~ Cii~ Bakersfield,
Calif.
ACTI~CIiY~CLE/~/d Ex~~-Offlclo Clerk o
GvC , / x-Off' ·f the
Council of the City \o~ Bakersfield, California
ma