Loading...
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