Loading...
HomeMy WebLinkAboutAPR - JUNE 1974Bakersfield, California, April l, 1974 245 Minutes of t~e 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., April 1, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Herman Lippert of the University Avenue Christian Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Medders, Rogers, Strong, Thomas, Bleecker, Heisey Absent: None Minutes of the regular meeting of March 25, 1974 were approved as presented. Scheduled Public Statements. Mr. Howard Charmell, General Manager of Bakersfield Cable T.V., addressed the Council regarding S.1361 (Section 111) before the Senate Subcommittee on Patents, Trademarks and Copyrights. This legislation would eliminate all sports programs, pro or collegiate, that are broug~ in from the Los Angeles stations on Cable TV. Mr. Charmell requested the Council to write letters to Senator John McClellan, Senator John Tunney and Congressman Ketchum expressing opposition to the proposed blackout of sports programs on Cable TV. Communication was also received from Warner Cable of Kern County Inc. requesting the same action. Upon a motion by Councilman Rogers, requests of Bakers- field Cable T.V. and Warner Cable of Kern County, Inc. were received and referred to the Legislative Committee for report and recommenda- tion at next week's Council meeting. Mr. Frank Espinoza addressed the Council charging that, in the name of authority, the Chicano youth are being abused and referred to the incident which occurred at Bakersfield High School on March 15, 1974. A lengthy discussion between the Council and Mr. Espinoza followed. 246 Bakersfield, California, April 1, 1974 - Page 2 Mr. Reuben Fuentes Imperial, an Agent for the State of California and Executive Director of Chicanos Unidas for Progress, addressed the Council explaining the purpose of this organization. Mayor Hart declared a brief recess. Correspondence. Upon a motion by Councilman Heisey, communication from Kern Refuse Disposal, Inc. requesting a review of their rate schedule for refuse collection, was referred to the Budget Review and Finance Committee for study and recommendation. Upon a motion by Councilman Heisey, communication from Marks, Sherman, Schwartz and Barab, Attorneys at Law, regarding award of bid to Ad-Art Company for installation and maintenance of benches on City Right of Way, was referred to the City Attorney. Communications were received from Assemblyman Raymond Gonzales and Assemblyman Robert E. Badham acknowledging receipt of from Mayor Hart expressing the Council's opposition correspondence to AB 2942. Council Statements. Councilman Heisey stated that he usually chooses to ignore comments in the press, however, he did wish to make the following statement in response to remarks, appearing in the newspapers, made by Kern County Counsel Ralph Jordan regarding the City's acquisition of Tenneco West's water rights: We keep reading in the newspapers that County Counsel, Ralph Jordan, is going to do this or that in relationship with the City's acquisition of Tenneco West water rights. It is somewhat confusing what position the legal counsel for the County of Kern is taking, since in November of 1963 the County admitted there was no unappropriated water available in the Kern River for appropriation. This admission was made in an agreement between the County and the Kern River interests for the 30,000 acre-foot recreation pool in Lake Isabella. Apparently, Jordan feels that in one instance there is no unappropriated water, but when the City attempts to acquire water from the river interests, there springs up all sorts of County rights to water. Bakersfield, California, April l, 1974 - Page 3 247 Jordan demonstrates the same misguided tendencies when he infers that until he threatened the City with a lawsuit the City was not going to prepare an environmental impact report on the acquisition of Kern River water. The City authorized its engineer to prepare an E.I.R. last December. Jordan was just making another grandstand play such as trying to take the deposition of Harold Bergen after refusing to discuss the water situation with City consultants and officials. Jordan's actions are not only costly to tax- payers, but detrimental to City-County relation- ships. We wonder why Jordan gets so agitated over the City's acquisition of Kern River water, when he never displayed any concern over river water when it was under the control of private interests. As a matter of fact, the Board of Supervisors, while Jordan was County Counsel, entered into an agreement with River Interests in November of 1963 which relinquished rights which he now asserts so vehemently. Instead of trying his case in the newspaper, it would seem that he could better serve the taxpayers in this County and the Board which he serves by displaying a little less arrogance and a little more humility. Jordan is only a functionary in the County, not the gauleiter. Councilman Rogers read a prepared statement regarding Assemblyman Gonzales' request urging the Assembly Committee on Juvenile Violence to immediately hold hearings in Kern County, as follows: A letter by Mr. Ray Gonzales to the Assembly Committee on Juvenile Violence urges this Committee to immediately hold hearings in the Kern County Area. Mr. Gonzales formally requested that the Committee hold a hearing in Bakersf~ld as soon as possible. A portion of Mr. Gonzales' letter reads as follows, " ..... it has not been determined whether students were provoked by law enforcement officers and school administrators or whether they precipitated the altercation." To imply that police officers or school adminis- trators may have provoked students into violence is, in my opinion, a misleading statement. A simple telephone call to Chief of Police Robert Price and Principal Robesky of Bakersfield High School would have been a first step in finding facts. 2:48 Bakersfield, California, April 1, 1974 - Page 4 There are well established ways for students to present legitimate, reasonable requests and, if reasonable, they are dealt with fairly. I suspect the very few students actively involved are being provoked and encouraged as part of a planned Revolutionary Movement. But in order tO promote this planned Revolutionary Movement, violence is a necessary ingredient. Also, I believe that 99% of the Mexican-Americans in California are not involved and do not want to be involved in this planned Revolutionary Move- ment. Rather than invite a committee to investigate the actions of the Bakersfield Police Dept. or our High School Administrators if Mr. Gonzales wants to held Kern County, I suggest he invite the California Senate Fact Finding Committee on Un-American Activities to investigate the Chicano Revolution, the Brown Berets, La Raza Unida and their leaders and reveal what is really behind this planned Revolution. If not, perhaps Kern County should select a committee to investigate misleading statements and actions by California lawmakers and see if Mr. Gonzales will invite them to Sacramento. Upon a motion by Councilman Bleecker, the items presented Councilman Rogers' statement were referred to the Legislative Committee for report to the full Council. Councilmen Strong& Thomas voted in the negative on this motion. Mr. Duane Golf addressed the Council in response to Councilman Rogers' statement. Reports. Councilman Medders, Chairman of the Budget Review and Finance Committee, read a report regarding the New Police Building, as follows: In order to bring the Council up to date on the new police building, the Budget Review & Finance Committee recently met with the staff and archi- tect Robert Stuhr to review the working plans of this facility. It was the opinion of this Committee that the plans at this stage are complete and in compliance with the contract. We, therefore, instructed the architect to forward them to the City Building Department for inspection. These working plans show this new building facing Truxtun Avenue, which we agree would be aestheti- cally better. However, since the owner of some of the property located on this site and his attorney have been impossible to deal with, the Committee is presently reviewing the possibility Bakersfield, California, April 1, 1974 - Page 5 249 of facing this building on either Eye Street or 16th Street. Sfrategically this would not present a problem for police operations and would enable us to proceed with the project in the near future. This would result in a savings to the City, as building costs continue to ~ise and condemnation proceedings are generally a lengthy procedure. We want to point out to the Council that facing this property on Eye Street or 16th Street does not eliminate the need for additional property, and we have instructed the City Attorney to continue with condemnation proceedings. This Committee will continue to review this project with the staff and the architect and will report back to the Council periodically to assure you that this facility will soon become a reality. Upon a motion by Councilman Medders, report of the Budget Review and Finance Committee regarding the New Police Building, was adopted. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2862, to 2929, inclusive, in amount of $77,540.74. (b) Street Right of Way Deed from Katherine K. Sumpter and Mann B. Bertholf - widening of "Q" Street between the Southern Pacific Railroad and 34th Street. (c) Notice of Completion for street and sewer improvements under Tract No. 3175. (d) Notice of Completion for street and sewer improvements under Tract No. 3256. (e) Plans and Specifications for the construction of Storm Drains in portions of Columbus Street, Mr. Vernon Avenue, Auburn Street, Wenatchee Street and Akers Road. ADDENDUM Budget Transfer from Account No. 11-510-6100 to Account No. 11-620-1400 in the amount of $10,000.00. Due to the increase of gasoline prices this transfer is necessary for the effective operation of the Police Dept. mobile fleet. 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 Medders, Rogers, Thomas, Bleecker, Heisey Noes: None Absent: None Abstaining: Councilman Strong 250 Bakersfield, California, April 1, 1974 - Page 6 Deferred Business. Adoption of Ordinance No. 2176 New Series of the Council ~ the City of Bakersfield amending Section 5.16.040 of Chapter 5.16 of Title 5 of the Municipal Code, providing for Dis- position of Unclaimed Property. Upon a motion by Councilman Medders, Ordinance No. 2176 New Series 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~ Unclaimed Property, was adopted by the following roll call vote: Ayes: Councilmen Medders, Heisey Noes: None Absent: None Rogers, Strong, Thomas, Bleecker, No. for intersection of West Columbus Street and Chester Avenue, and the Mayor was authorized to execute same. Hearings. New B~siness Approval of Program Supplement No. 5 to TOPICS Agreement No. 2 between the City and State. Upon a motion by Councilman Thomas, Program Supplement 5 to TOPICS Agreement No. 2 between the City and State providing a joint City-County TOPICS project for traffic signals at the was approved This is the time set for public hearing on application by Elmer F. Karpe, Inc. to amend the zoning boundaries from an R-S (Residential Suburban) Zone, an R-1 (One Family Dwelling), Zone, and an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone, to an R-1 (One Family Dwelling), or more restrictive, Zone, an R-2-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive, Zone, and a C-1-D (Limited Commercial - Architectural Design), or more restrictive, Zone, of those certain properties in the City of Bakersfield located on the west side of Stine Road, approximately 800' northerly of Ming Avemue. Bakersfield, California, April 1, 1974 - Page 7 251 This hearing has been duly advertised and the property posted and the property owners notified as required by law. Rezoning of this large area would reorientate the existing R-i, R-S and R-3 zones to a more compatible relationship with the existing zoning and development of adjacenf properties. This re- zoning would result in the proposed R-2-D zone being adjacent to properties zoned R-2-D, R-3-D, C-O-D and C-2-D. The R-1 zone would fronf Stine Road across from a single family residential neighbor- hood. The C-1-D zone would be north of, and adjacent to, a large parcel zoned C-2-D. The maximum over-all residential density of the rezoning would be 47 units less than that of the existing zoning since the increased density from R-1 to R-2 would be offset by the reduction in density from R-3 to R-1. An environmental impact evaluation was made and a negative declaration was filed January 2, 1974 with the County Clerk and posted in City Hall. The Planning Commission determined that this zone change is consistent with the General Plan and recommended approval as advertised. Mayor Hart declared the hearing open for public partici- pation. No protests or objections were recieved. Mr. A1 Wheelan was present as a representative of Elmer F. Karpe, Inc., the applicant, for the proposed zone change. The public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Thomas, Ordinance No. 2177 New Series amending Title Seventeen of the Municipal Code by changing the Land Use Zoning of those certain properlies in the City of B~kersfield located on the west side of Stine Road, approximately 800' northerly of Ming Avenue, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Medders, Rogers, Strong, Tnomas, Bleecker, Heisey None None 252 B~ersfield, California, April 1, 1974 - Page 8 This is The Time set for public hearing on application by K. A. Shelton, Inc. to amend the zoning boundaries from an R-3 (Limited Multiple Family Dwelling) Zone to a C-0 (Commercial and Professional Office), or more restrictive, Zone, affecting that certain property in the City of Bakersf~ld commonly known as 2205, 2217, 2223 and 2229 - 19th Street. This hearing has been duly advertised, the property posted and property owners notified as required by law. This zone change involves one-half of a City block on the south side of 19th Street, between "B" Street and "C" Street. Present uses include Three older, single family homes and one duplex. The Planning Commission was of the opinion that C-0 zoning would be compatible with the R-3, C-0 zoning of adjacent blocks within the immediate area. An environmental impact evaluation was made and a negative declaration was filed February 22, 1974. No one was present at the Planning Commission hearing in opposition to the proposed m~ne change. The Planning Commission determined that this proposed zone change is consistent with the General Plan and recommended approval. Mayor Hart declared the hearing open for public partici- pation. No protests or objections were received. Mr. Ken Shelton, the applicant, was present in the audience. The public portionof the hearing was closed for Council deliberation and action. Upon a motion by Councilman Bleecker, Ordinance No. 2178 New Series amending Title Seventeen of the Municipal Code the Land Use Zoning of that certain property in the field commonly known as 2205, 2217, 2223 and 2229 was adopted by the following roll call vote: Ayes: Councilmen Medders, Noes: None Absent: None by changing City of Bakers- 19th Street, Rogers, Strong, Thomas, Bleecker, Heisey Bakersf~ld, California, April l, 1974 - Page 9 253 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Rogers, the meeting was adjourned at 9:30 P.M. ATTEST: ACTING CITY CLEP~and Ex-Officio Clerk of fhe Council of the City of Bakersfield, California ma 2:54 Bakersfield, California, April 8, 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 8:00 P.M., April 8, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend William Hann of the Hillcrest Baptist Church. The City Clerk called the roll as follows: Mayor Hart. Councilmen Rogers, Strong, Thomas, Bleecker, Heisey, Medders None Minutes of the regular meeting of April 1, 1974 were approved as corrected. Councilman Rogers moved that his statement given at the Council Meeting of April 1, 1974, regarding Assemblyman Gonzales' request urging the Assembly Committee on Juvenile Violence to immediately hold hearings in Kern County, be referred to the Budget Review and Finance Committee instead of the Legislative Committee for report to the full Council. This motion was approved with Councilman Thomas voting in the negative. Scheduled Public Statements. Assemblyman Raymond Gonzales read a prepared statement explaining his efforts as the State Legislator for the 28th District and reviewed legislation of interest to the City of Bakersfield. Assemblyman Gonzales announced that the Assembly Select Committee on Juvenile Violence, on which he serves, has agreed to hold hearings in Bakersfield on May 10, 1974, and he submitted a copy of the "1974 Report to the California Senate by the Subcommittee on Civil Disorder," for the Council's inspection. A lengthy discussion between the Council and Assemblyman Gonzales ensued regarding legislation and juvenile violence. Mr. Mel Marino Campos addressed the Council regarding the "Truth About Civil Turmoil," and a local planned revolutionary movement. Bakersfield, California, April 8, 1974 - Page 2 255 After further discussion, the Council and Mayor thanked Assemblyman 6onzales for his informative statement and participation in the Council Meeting. Mr. Jess Boyard, 5931 Niles Street, addressed the Council regarding a group being formed called "Youth Bureau Services for Chicanos," which they hope will help alleviate many of the Chicano problems in the community and invited the Council to participate. Correspondence. Upon a motion by Councilman Thomas, communications from Senator John Tunney and Congressman William Ketchum regarding S 2747, which will include Policemen and Firemen under the provisions of the Fair Labor Standards Amendments Act, were received and ordered placed on file. Council Statements. Upon a motion by Councilman Heisey, seconded by Council- man Thomas, the Governmental Efficiency and Personnel Committee was instructed to investigate the incompatibility of Union representation and Civil Service for public employees, but not both, and if appropriate put on the ballot for the public to decide. Reports. Councilman Rogers, member of the Legislative Committee read Legislative Report No. 4, as follows: S 1361 Section III, Subsection (c) (1)c(i) The City Council has been asked to oppose pro- posed legislation in the U.S. Senate which it is claimed will prohibit cable television dissemination of sports in this area. The bill is an amendment to the copyright laws of the federal government. After personal contact with legal counsel for the National Cable Television Association, analysis of Section III of Senate Measure 1361 would prohibit dissemination of sports programs within a grade B contour. Simply stated, a grade B contour pattern is that area roughly fifty to seventy miles from the Los Angeles area. The result would be a blackout of sports programs received here from Los Angeles stations. Since cable television connections in the City 256 Bakersfield, California, April 8, 1974 - Page 3 serve over forty thousand viewers, it would affect a large number of City residents who like to view sporting events. It is recommended that the City Council of the City o£ Bakersfield oppose S 1361, Section III, which would prohibit cable television sports presentation in this area. Senators John McClellan, John Tunney and Alan Cranston should be contacted as well as Congressman William Ketchum, and also members of the Senate Subcommittee on Copyrights, and the Senate Judiciary Committee. Upon a motion by Councilman Rogers, the Mayor was instructed to prepare necessary communications to members of the Senate Sub- committee on Copyrights and Senate Judiciary Committee, Senator John McClellan, Senator John Tunney, Senator Alan Cranston, Congressman Ketchum, Howard A. Channell, General Manager of Bakers- field Cable T.V. and J. Everett Kochheiser, General Manager Warner Cable of Kern County, expressing the Council's opposition to S 1361, Section III. Councilman Bleecker, Chairman of the Governmental Efficiency and Personnel Committee, read a report regarding Supple- mental Rules and Regulations, as follows: On December 3, 1973, the City Council adopted a comprehensive Employer-Employee Relations Ordinance which provided a more formal procedure for resolving disputes regarding wages, hours, and working conditions. At that time, the Governmental Efficiency and Personnel Committee informed the Council that this ordinance was limited to basic propositions, and that the Committee would meet and confer with employee organizations to establish supplemental rules and regulations to implement this ordinance. During the past few months, this Committee has met on various occasions with representatives of the Service Employees' International Union, the Teamsters Union, and the American Federation of State, County, and Municipal Employees' Union in an attempt to arrive at workable rules and regulations that are reasonable to all parties. This has not been an easy task; however, through many hours of discussions, we have attached to this report what appears to be generally acceptable supplemental rules and regulations. Bakersfield, California, April 8, 1974 - Page 4 257 Upon approval of these rules and regulations by the Council, the staff will meet with the various representatives to establish mutually agreeable procedures governing this City's first secret ballot election for union representation. We would like to point out to the Council that this Committee, the staff, and the employee organizations have been working on this matter since July of 1972. We are hopeful that our efforts will reflect improved methods for opening maintaining channels of communication between employees and management. These pro- cedures are not a final solution to employer- employee relations; however, they represent progress, therefore, we recommend City Council approval of the attached Supplemental Rules and Regulations. Mr. Randall Prevo, General Manager of the Bakersfield City Employees' Association, addressed the Council stating that the Employees' Association objected to several items in the Supplemental Rules and Regulations, specifically three, and requested the Council to refer this matter back to the Governmental Efficiency and Personnel Committee for further study. After discussion, upon a motion by Councilman],Bleecker, report of the Governmental Efficiency and Personnel Committee regarding Supplemental Rules and Regulations, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Strong, Bleecker, Heisey, Medders, Noes: None Absent: None Abstaining: Councilman Thomas City Manager Bergen read a report on the subject of Costs Incurred in Water Matters. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2930 to 3015, inclusive, in amount of $179,097.08. (b) Claim for Personal Injuries from Stanley Welch, 5848 Garden Avenue, Marysville, California. (Refer to City Attorney) 258 Bakersfield, California, April 8, 1974 - Page 5 (c) Street Right of Way Deed from George King, Jr. - widening of a portion of Real Road between Chester Lane and a point 500 feet north thereof. (d) Street Right of Way Deed from ~ohn Howard Construction, Inc. - widening of a portion of Real Road from a point 500 feet north of Chester Lane to California Avenue, and widening a portion of California Avenue between Real Road and Freeway 99. (e) Drainage Easement from George King, Jr. to serve Parcel Map 2032 between California Avenue and Chester Lane east of Real Road. (f) Map of Tract No. 3678 and Contract and Specifications for improvements therein. Upon a motion by Councilman Strong, Items (a), (b), (c), (d), (e) and (f) o~ the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Rogers, Strong, Thomas, Bleecker, Heisey, Noes: None Absent: None Action on Bids. Upon a motion by Councilman Medders, bid of A-1 Battery Company for Annual Contract Automotive Batteries, was accepted, this being the only bid received, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Bleecker, bid of Continental Electric Company for furnishing and installing Steel Floodlight Poles at Jasfro Park Tennis Courts, was accepted, the other bid was rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Bleecker, bid of Westinghouse Electitc for 34 Floodlight Fixtures for Jastro Park Tennis Courts, was accepted, all other bids were rejected and the Mayor was authorized to execute the contract. Medders Bakersfield, California, April 8, 1974 - Page 6 259 New Business. Approval of Addendum No. 2 to Agree- ment No. 28-72, Joint Powers Agreement between the City of Bakersfield and Kern Community College District. Upon a motion by Councilman Thomas, Addendum No. 2 to Agreement No. 28-72, Joint Powers Agreement between the City of Bakersfield and Kern Community College District, was approved and the Mayor was authorized to execute same. This Addendum up-dates the original agreement to reflect the new dates and times for use of the swimming pool by the Auditorium-Recreation Department. First reading of an Ordinance of the Council of the City of Bakersfield amending the Municipal Code by re- pealing Chapter 7.32 and substituting in lieu thereof a new Chapter 7.32 providing Regulations for Public Pool Rooms in the City. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending the Municipal Code by repealing Chapter 7.32 and substituting in lieu thereof a new Chapter City. 7.32 providing regulations for Public Pool Rooms in the This proposed Ordinance, recommended by the Police Department, would change existing law which now prohibits minors under 18 from visiting any pool hall, fo only prohibit minors from visiting pool halls where liquor is served. The Ordinance also deletes references to shooting galleries and bowling alleys. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 7.34.080 of Chapter 7.34 of the Municipal Code, providing Regulations for Cardrooms. First reading was considered given an Ordinance o£ the Council of the City of Bakersfield amending Section 7.34.080 of Chapter 7.34 of the Municipal Code, providing regulations for Cardrooms. 260 Bakersfield, California, April 8, 1974 - Page 7 This proposed Ordinance, recommended by the Pilice Department, accomplishes the following: (1) Permits Police inspection of Cardrooms at any time. (2)Deletes prohibition against employment of females in Cardrooms. (3) Prohibits entrance to pool hall or place where liquor is served in any Cardroom. Councilman Strong requested the City Attorney to furnish him with a copy of the memorandum from the Police Department supporting item three. First reading of an Ordinance of the Council ~ the City of Bakersfield amending Section 7.40.140 of Chapter 7.40 of the Municipal Code concerning Public Dances and Dance Halls. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 7.40.140 of Chapter 7.40 of the Municipal Code concerning Public Dances and Dance Halls. This proposed Ordinance, recommended by the Police Department, recognizes that the police can no longer perform services for private persons without Patrol. It deletes the requirement, a Police Officer shall be present at State License as Private of present Ordinance, that all dances open to the public and be paid by owner of the dance hall. Responsibility to maintain good order would be placed on the permittee, who may hire private licensed Security Guards. This Ordinance authorizes termporary suspension of the permit by the Chief of Police in an emergency. The Council requested that a representative of the Police Department be present at next week's Council Meeting to answer questions regarding the three Ordinances which had first reading tonight. Bakersfield, California, April 8, 1974 - Page 8 261 Reception of Petition for formation of a Public Improvement District from residents along Kennedy Avenue east of Akers Road, Colleen Street between Kennedy Avenue and the north boundary of Tract No. 3185 and Colleen Court. Upon a motion by Councilman Thomas, petition from residents along Kennedy Avenue east of Akers Road, Colleen Street between Kennedy Avenue and the north boundary of Tract No. 3185 and Colleen Court requesting the formation of a Public Improvement District for the construction of sanitary sewer lines, together with appurtenant lampholes, manholes, wye branches and house laterals and all necessary earthwork and paving repair, was received and ordered placed on file. Reception of City Engineer's Certifi- cation of Petition for formation of a Public Improvement District. Upon a motion by Councilman Thomas, City Engineer's Certification declaring sufficiency of petition for formation of a Public Improvement District, to construct sanitary sewer lines, together w~ h appurtenant lampholes, manholes, wye branches and house laterals and all necessary earth work and paving repair, along Kennedy Avenue east of Akers Road, Colleen Street between Kennedy Avenue and the North boundary of Tract No. 3185 and Colleea Court, was received and the City Attorney instructed to prepare the necessary resolutions to commence the proceedings. Councilman Heisey requested that the communication from Valerie Wilson, 2129 - 22nd Street, regarding a rodent in the Westchester area, be referred to the City Manager with instructions to contact the Kern County Health Department for investigation and report back to the Council. Upon a motion by Councilman Bleecker, the Intergovern- mental Relations Committee was instructed to determine the responsibility of the Kern County Health Department as it relates to health problems in the City. 262 B~ersfield, California, April 8, 1974 - Page 9 Hearings. This is the time set for public hearing on application by Donald G. Sharpe to amend the zoning boundaries from an R-2-D (Limited Multiple Family Dwelling) Zone, to a P.U.D. (Planned Unit Development) or more restrictive, Zone, affecting that certain property in the City of Bakersfield located on the northwest corner of 36th Street and "Q" Street. This hearing has been duly advertised, the property posted and property owners notified as required by law. The plan proposes 24 loft units at 495 square feet, 20 studio units at 402 square feet, 15 1-bedroom units at 550 square £eet, and 15 20bedroom units at 702 square £eet, for a total of 74 units on a parcel containing 96,622 square fee. 50 of the 74 units are designed for a single person, or married couple without children. The over-all occupancy of the complex would be similar to that of a typical median density apartment complex, although the proposed dwelling unit density equals 1 unit per 1,305 square feet, or an over-all dwelling unit density of 33.6 units per net acre. The site plan depicts 44.9 percent of the total lot area as open space. Property in this area is being developed for apartments and professional offices. A 79 unit apartment complex has been developed to the east, across "Q" Street, in an R-3-D- zone. An environmental impact evaluation was made andanegative declaration was filed with the County Clerk and posted in the City Hall on February 22, 1974. The Planning Commission found the pro- posed P.U.D. plan consistent with the General Plan and recommended approval of the zone change. Mayor Hart declared the hearing open for patton. No protests or objections were received. the applicant, was present in the audience. The public portion o£ the hearing was closed for Council deliberation and action. public partici- Mr. Donald Sharpe, Bakersfield, California, April 8, 1974 - Page 10 263 Upon a motion by Councilman Bleecker, Ordinance No. 2179 New Series amending Title Seventeen of the Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northwemi corner of 36th Street and "Q" Street, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Noes: None Absent: None Strong, Thomas, Bleecker, Heisey, Medders Adjournment. upon a motion by Councilman Medders, 10:40 P.M. There being no further business to come before the Council, the meeting was adjourned at MAYORo~~y~fBak~ersfieid, California ATTEST: ACTIN~CITY C~ERK a~ Ex-Officio Clerk of the Council of the Cit~of Bakersfield, California ma 264 Bakersfield, California, April 15, 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., April 15, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Jim Saunders of the Trinity United Methodist Church. The City Clerk called the roll as follows: Bleecker, Heisey, April 17, motion. reappointed to the Planning April 17, 1978. 1978. Councilman Thomas abstained from voting on this Upon a motion by Councilman Heisey, Mr. Walter Smith was Commission, for a four year term expiring Present: Mayor Hart. Councilmen Strong, Thomas, Medders, Rogers Absent: None Minutes of the regular meeting of April 8, 1974 were approved as presented. Scheduled Public Statements. Mr. Jack Winter addressed the Council regarding the acquisition and disposition of Kern River water. Mrs. Victoria Araujo and Mr. A1 Briones invited the Council and public to attend Heritage Days Wine Tasting Party to be held Friday, April 19, 1974 and the 7th Annual Museum Heritage Days Celebration to be held April 27 and 28, 1974 at Pioneer Village. Council Statements. Councilman Heisey expressed the Council's appreciation for the work of the staff, especially Mrs. Sally Schreiber and Mrs. Jean Cadwallader, over this past weekend compiling several documents and the Environmental Impact Report regarding the City's acquisition of the Kern River water. Councilman Heisey also complimented the Bakersfield Californian for their coverage of the Environmental Impact Rep~t which appeared in today's newspaper. Upon a motion by Councilman Medders, Mr. Dean A. Gay was reappointed to the Planning Commission, £or a four year term expiring Bakersfield, California, April 15, 1974 - Page 2 265 Reports. Councilman Rogers, member of the Legislative Committee read Legislative Report No. 5, as follows: On February 6, 1974, the California State Senate passed Resolution No. 77. This Resolution is in regard to customer-provided telephone devices and the problems they create. Although there are possible benefits to large users and to the manufacturers of customer-provided devices, the problems of interconnection of these devices may cause increased costs for telephone service. These increased costs will be paid for by small business and residential customers. Senate Resolution No. 77expresses ~nferest and concern and requests a full inquiry into the possible economic impact of any action taken by the State Public Utilities Commission. Hearings before this Commission are presently underway, and next Monday, April 22, 1974, is the date set for this Commission to receive resolutions passed by City Councils to show the magnitude of support for Senate Resolution No. 77. It is recommended that we adopt this Bakersfield City Council Resolution and add our support of State Senate Resolution No. 77. Mrs. Maxine Parker, Manager of Pacific Telephone Company for this area, requested the Council to support Senate Resolution No. 77 regarding customer-provided telephone devices and the problems they create. After discussion, Councilman Rogers moved that Legislative Report No. 5 and Resolution supporting Senate Resolution No. 77, passed by the California State Senate on February 6, 1974, be adopted. Mr George Webster, 1915 - 20th Street, operator of a telephone answering service, addressed the Council requesting support of Senate Resolution No. 77. Councilman Rogers' motion to adopt Legislative Report No. 5 and Resolution No. 26-74 of the Council of the City of Bakersfi~.d supporting Senate Resolution No. 77, passed by the California State Senate on February 6, 1974, and that a copy of the Resolution be 266 Bakersfield, Cnlifornia, April 15, 1974 - Page 3 sent call vote: to Senator Walter Stiern, was Ayes: Councilmen Strong, Noes: None Absent: None approved by the following roll Thomas, Bleecker, Heisey, Medders, Rogers Consent Calendar. The following items were listed on the (a) Consent Calendar: Allowance of Claims Nos. 3016 to 3073, inclusive, in amount of $38,361.42. (b) Street Right of Way Deed from W. G. Stroope and Guila M. Stroope - widening of a portion of "Q" Street between the S.P.R.R. and 34th Street. Upon a motion by Councilman Strong, Items (a) the Consent Calendar, were adopted Ayes: Councilmen Strong, Thomas, Noes: None Absent: None Action on Bids. Upon a motion by Councilman Heisey, low bid of Clow Corporation for Fire Hydrants was accepted, the other bids rejected and authorization granted to transfer funds in the amount of $6,600.00 from the Council's Contingency Fund to the Fire Depart- ment's Fire Hydrant Account in order to purchase these items, as the low bid was 15% over the budget estimate. Deferred Business. Adoption of Ordinance No. 2180 New Series of the Council of the City of Bakersfield amending the Municipal Code by repealing Chapter 7.32 and substituting in lieu thereof a new Chapter 7.32 providing regulations for Public Pool Rooms in the City. Upon a motion by Councilman Bleecker, Ordinance No. 2180 New Series of the Council of the City of Bakersfield amending the Municipal Code by repealing Chapter 7.32 and substituting in lieu and (b) of by the following roll call vote: Bleecker, Heisey, Medders, Rogers Bakersfield, California, April 15, 1974 - Page 4 267 thereof a new Chapter 7.32 providing regulations for Public Pool in the City, was adopted by the following roll call vote: Councilmen Strong, Thomas, Bleecker, Heisey, Medders, Rogers Rooms Ayes: Noes: None Absent: None Adoption of Ordinance No. 2181 New Series of the Council Of the City of Bakersfield amending Section 7.34.080 of Chapter 7.34 o£ the Municipal Code, providing regulations for Cardrooms. Upon a motion by Councilman Thomas, Ordinance No. 2181 New Series of the Council of the City of Bakersfidd amending Section 7.34.080 of Chapter 7.34 of the Municipal Code, providing regulations for Cardrooms, was adopted by the following roll call vote: Ayes: Councilmen Strong, Rogers Noes: None Absent: None Thomas, Bleecker, Heisey, Medders, Adoption of Ordinance No. 2182 New Series of the Council of the City of Bakersfield amending Section 7.40.140 of Chapter 7.40 of the Municipal Code concerning Public Dances and Dance Halls. Upon a motion by Councilman Medders, Ordinance No. 2182 New Series of the Council of the City of Bakersfield amending Section 7.40.140 of Chapter 7.40 of the Municipal Code concerning Public Dances and Dance Halls, was adopted by the following roll call vote: Ayes: Councilmen Strong, Thomas, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None Musicians' Union Local 263 New Business. Approval of Contract with Musicians' Union Local 263 for seven Band Concerts in Beale Park. Upon a motion by Councilman Medders, Contract with for seven Band Concerts to be held in 268 Bakersfield, California, April 15, 1974 - Page 5 Beale Park commencing June 16, 1974 and extending through July 28, 1974, was approved and the Mayor was authorized to execute same. Approval of Agreement between the State of California and the City of Bakersfield. Upon a motion by Councilman Thomas, Agreement between the State of California and the City of Bakersfield providing for detour of traffic from State Highway Routh 58 (Freeway 58) to a local City street, Brundage Lane, until the portion of Freeway 58 between Lakeview Avenue and Freeway 99 has been constructed, was approved and the Mayor was authorized to execute same. Mr. Henry Lostaunau addressed the Council stating that the Chicanos appearing before the Council in the past few weeks did not represent him or, as far as he know, the majority of the Mexican community and that the word "Chicano" is merely an abbreviation of the word "Mexicano." Approval of Agreement between Southern Pacific Railroad and the City of Bakersfield for installation of crossing protection at the intersection of Southern Pacific Railroad and Lakeview Avenue. Upon a motion by Councilman Strong, Agreement between the Southern Pacific Railroad and the City of Bakersfield for installation of crossing protection at the intersection of the Southern Pacific Railroad and Lakeview Avenue, was approved and the Mayor was authorized to execute same. Extension of Time granted Frank Terry Construction, Inc., Acceptance of Work and Notice of Completion for construction of Patriots Park Rest Room Building. Upon a motion by Councilman Thomas, the work was accepted, the Mayor was authorized to execute the Notice of Completion for construction of Patriots Park Rest Room Building and 115 days extension of time was granted to the contractor, Frank Terry Construction, Inc. Bakersfield, California, April 15, 1974 - Page 6 269 Adoption of Resolution No. 24-74 making findings and determinations that owners of more than 60% of the area within the boundaries of the proposed Public Improvement District No. 896 have signed written petition for specified improvements and waiving all proceedings required by the Special Assessment Investigation, Limitation and Majority Protest Act of 1931. Upon a motion by Councilman Thomas, Resolution No. 24-74 making findings and determinations that owners of more than 60% of the area within the boundaries of the proposed Public Improvement District No. 896 have signed written petition for specified improve- menis and waiving all proceedings required by the Special Assess- merit Investigation, Limitation and Majority Protest Act of 1931, was adopted by the following roll call vote: Ayes: Councilmen Strong, Thomas, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None Adoption of Resolution No. 25-74 ordering the preparation of Plans, Specifications, Estimates of Cost, District Map and Diagram in the matter of the proposed Public Improve- ment District No. 896. Upon a motion by Councilman Thomas, Resolution No. 25-74 ordering the preparation of Plans, Specifications, Estimates of Cost, District Map and Diagram in the matter of the proposed Public Improvement District No. 896, was adopted by the following roll call vote: Ayes: Councilmen Strong, Thomas, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None Hearings. This is the time set for public hearing before the Council 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. 270 Bakersfield, California, April 15, 1974 - Page 7 This hearing has been duly advertised, the property posted and property owners notified as required by law. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Rogers, Resolution No. 27-74 of the Council of the City of Bakersfield declaring that a majority protest has not been made to the annexation of territory designated as "Panoramic Heights No. 4," proposed to be annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Strong, Thomas, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None Upon a morion by Councilman Rogers, Ordinance No. 2183 New Series approving annexation of a parcel of uninhabited terri- tory to the City of Bakersfield, California, designated as "Panoramic Heights 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: Councilmen Strong, Thomas, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None This is the time set for public hearing before the Council for hearing objections to include within the Greater Bakersfield Separation of Grade District certain territory designated as "Panoramic Heights No. 4,." This hearing has beenduly advertised. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Bakersfield, California, April 15, 1974 - Page 8 Upon a motion by Councilman Rogers, Resolution No. 28-74 annexing to the Greater Bakersfield Separat4on of Grade District that portion of certain territory designated as "Panoramic Heights No. 4" not already included within said District, was adopted by the following roll call vote: Ayes: Councilmen Strong, Thomas, Bleecker, Heisey, Medders, Rogers Noes: None Absent: None This is the time set for public hearing before the Council of the City of Bakersfield to Zone Upon Annexation to an R-1 (One Family Dwelling), or mc~e restrictive, Zone, and to an R-3-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive, Zone, those certain properties in the County of Kern located northerly of Panorama extension of Wenatchee Street, Annexation. Drive and easterly of the northerly known as "Panoramic Heights No. 4 This hearing has been duly advertised, the property posted and property owners notified as required by law. Ninety-Five percent of the land area within the a~nexa- tion is proposed for R-1 zone and is located on the steep slope of the Kern River Bluff. A parcel, containing approximately l½ acres located at the bottom of the slope, will be used by the City in conjunction with the landfill operation. A parcel containing approximately 46,000 square feet, located on the bluffs, proposed for R-3-D zone is planned to be developed, in conjunction with adjoining land, with a 50-unit condominium apartment complex. An environmental impact evaluation was made and a negative declaration was filed with the County Clerk and posted in City Hall on January 25, 1974. The Planning Commission found the pro- posed zoning compatible with the zoning and land uses of adjacent properties and consistent with the General Plan and recommended approval of the zoning as proposed. 272 Bakersfield, California, April 15, 1974 - Page 9 patton. portion of the hearing was action. Upon a motion by Mayor Hart declared the hearing open for public partici- No protests or objections being received, the public closed for Council deliberation and Councilman Rogers, New Series amending Section 17.12.020 of Chapter 17.12 Municipal Code, was adopted by the following roll call Ordinance No. 2184 of the vote: Thomas, Bleecker, Heisey, Medders, Rogers Ayes: Councilmen Strong, Noes: None Absent: None {Adjournment. There being no further business to come before the Council, the meeting was adjourned at upon a motion by Councilman Bleecker, 9:05 P.M. MAYOR of ,'i"~ , the Bakersfield Calif. ATTEST: ACTIN~bCITY CLERK a~d Ex-Officio Clerk of the Councfil of the Ci~/of Bakersfield, California ma Bakersfield, California, April 22, 1974 273 Minutes of the regular meeting of the Council of the City of Bakersfi~ d, California. held in the Council Chambers of the City Hall at 8:00 P. M., April 22, 1974. The meeting was called to order by Mayor Hart followed Robert by the Pledge of Allegiance and Invocation by the Reverend Congdon of the Oildale Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Thomas, Bleecker, Heisey, Medders, Rogers, Strong Absent: None Minutes of the regular meeting of April 15, 1974 were approved as presented. Scheduled Public Statements. Councilman Thomas introduced seven of the candidates for Queen of Heritage Days. Mrs. Jeanne Foth invited the Council and public to attend the Annual Heritage Days Celebration to be held April 27 & 28, 1974, in Pioneer Village. Mr. Charles Wiswell, President of Swift Airlines, addressed the Council highlighting this airline's service to Bakersfield and traced its growth during the past two months. Mr. Don Hopkins, Executive Vice-President and General Manager of the Better Business Bureau reported on the successful results of Advertised Products, an album company, of South Central California, a case against National which culminated a year of work by the City Attorney's Office and the Finance Department. This company enticed young married couples to come to their place of business by soliciting them with free gift mailers. Through misrepresentation they would high pressure these couples into signing a contract for approximately $300.00. The settlement agreement covers a number of items. emasculating the company and their operations, payment of $4,980.00 to the City of Bakersfield's General Fund and cancellation of certain contracts. Individuals who have signed a contract have 90 days in which to apply, through the City Attorney, for revocation of thei~ contract and any money 274 Bakersfield, California, April 22, 1974 - Page 2 that they can show was spent without benefit, will be refunded. Mr. Hopkins further stated that this was an excellent job by the City Attorney's Office and the Finance Department. Mr. Lawrence Stroope, President of the Active 20-30 Club, introduced himself to the Council. Councilman Heisey stated that he was aware of this organization's problem and moved that the staff be directed to process the application of the Active 20-30 Club for a permit to sell Fireworks in the City of Bakersfield. This motion carried unanimously. Mr. Ray Anderson of Continental Contractors, appeared before the Council with a complaint that his company has not received final payment on a contract for the installation of an irrigation line near Treatment Plant No. 2 that was completed on February 28, 1974. City Attorney Hoagland stated that an investigation would be made with a report back to the Council next week. Correspondence. Upon a motion by Councilman Heisey, communication from the Downtown Business Association commending the City Council for their actions in the purchase of Kern River water rights was received and ordered placed on file. Council Statements. Councilman Heisey moved that the Auditorium-Recreation Committee investigate the possibility of moving the statue of Father Garces from the traffic circle on Chester Avenue to a more appropriate location, where it could be observed and appreciated by the public. This motion carried unanimously. Upon a motion by Councilman Heisey, Resolution No. 29-74 of the Council of the City of Bakersfield expressing appreciation to the State Highway Commission for obtaining funds for the com- pletion of Freeway 58, was adopted. Councilman Heisey requested that a copy of this resolution be sent to the State Highway Commis- sion st~ff in Fresno. Bakersfield, California, April 22, 1974 - Page 3 275 Councilman Bleecker commented briefly on an Interim Report from Arthur D. Little, Inc., covering the City Manager's office and stated that the Governmental Efficiency and Personnel Committee would welcome suggestions on the report. Adoption of Resolution No. 30-74 of the Council of the City of Bakersfield appointing the Director of Public Works and Director of Planning to represent the City of Bakersfield on the Kern COG Transportation Technical Advisory Committee (TAC). Upon a motion by Councilman Medders, Resolution No. 30-74 of the Council of the City of Bakersfield appointing the Director of Public Works and Director of Planning to represent the City of Bakersfield on the Kern COG Transportation Technical Advisory Committee (TAC), was adopted. Upon a motion by Councilman Bleecker, the staff members who were appointed to the Kern COG Transportation Technical Advisory Committee were instructed to give full and complete reports to the Council regarding Kern COG meetings. Reports. Councilman Rogers, member of the Legislative Committee read Legislative Report No. 6, as follows: There are included in this one report four items of legislation which it is felt merit attention. 1. ACA 103 is a proposed constitutional amend- ment w~would prohibit charter cities from requiring officers or employees to become resi- dents. Charter cities at the present time have that power. Although we have enacted an ordinance which allows City employees to live within a ten-mile radius of City Hall, the City should guard zealously their powers as a Charter City. This constitutional amendment is therefore just another intrusion into our local powers and should be opposed. There are two committees involved with this amendment: the Assembly Committee on Employment and Public Employees, and the Assembly Committee on Constitutional Amendments. Our opposition should be filed with the members of both committees. 2. AB 1800 would curtail the management rights of po---1-i-~ chiefs, fire chiefs, city managers and/or city councils with respect to policemen and firemen. It would, in effect, take away 276 Bakersfield, California, April 22, 1974 - Page 4 from the City disciplinary action as to safety members. Again, for reasons of state intrusion and interference with local affairs, it is recommended that AB 1800 be opposed, and the City's opposition sent to members of the Senate Committee on Public Employment and Retirement. 3. AB 819 has been passed by the Senate and Assem-~y and 411 be presented for the Governor's signature at a later date. It provides time and one half premium pay for overtime for fire- men and policemen. It is recommended that our opposition be registered with the Governor. This bill most likely has been pre~empted by federal legislation on the same subject, which the City opposed. However, the City should oppose it on the state level as well. 4. SB 1930 would allow the state to escape or circumvent the obligation to reimburse local agencies for state-mandated costs relating to any change in the provisions of any public employees' retirement system. This means that the state could mandate additional costs to the cities for pension increases without having to reimburse the cities for such additional expenses. This type of bill completely negates the pro- visions of SB 90 which, in effect, provided that the state could not mandate programs to cities without reimbursement to the cities for such costs. Opposition to this bill should be registered with the Senate Committee on Local Government. All the above bills either reflect an intrusion into our local affairs or consist of financial burdens which would be placed on the City with- out reimbursement. The City Council has in the past consistently opposed such measures. Upon a motion by Councilman Rogers, the Mayor was instructed to prepare necessary communications to various committees hearing these bills, Senator Walter Stiern and Assemblyman Gonzales, expressing the Council's opposition to ACA 103, AB 1800, AB 819 and SB 1930. Councilman Medders, Chairman of the Budget Review and Finance Committee, read a report regarding Refuse Collection Contracts, as follows: On April 8, 1974, the Council directed this committee to review the request from the Kern Refuse Association for an adjustment in contract rates. We have met with the staff and considered the following items in our review: The existing contract rates Refuse Association have not since February, 1970. with the Kern been adjusted Bakersfield, California, April 22, 1974 - Page 5 277 Since February, 1970, the County of Kern has granted rate adjustments in excess of 15% to these refuse collectors. For the fhree (3) year period 1969-70 through 1972-73 the cost of refuse collection by City Forces increased approximately 14%. The refuse collection contract for the down- town area requires a rate review prior to August 1, 1974. A preliminary review indicates that an increase of 4% to 5% per year may be in order. Aside from these items we each recognize as a fact that the increasing cost of fuel, equipment and labor continues to inflate the cost of operations to these contractors. In view of these considerations we feel an increase of 15% in contract rates is in order, beginning the fiscal year 1974-75. The Kern Refuse Association has indicated acceptance of our proposed rate adjustment. In addition, we feel the contract should be revised to authorize the Director of Public Works to increase the contracf areas or exchange areas of collection with the contractor where it would be more economical for the City to do SO. Accordingly, we recommend granting a 15% increase in refuse collection rates for Contract Nos. 83-70 and 98-70 and authorize the Director of Public Works to make future changes to the contract collection areas. Upon a motion by Councilman Medders, report of the Budget Review and Finance Committee regarding Refuse Collection Contracts was adopted, granting a 15% increase in refuse collection rates for Contract No. 83-70 and 98-70 and authorizing the Director of Public Works to make future changes to the contract collection rates. Councilman Bleecker moved that the Legislative Committee keep a talley on how Assemblyman Gonzales and Senator Walter Stiern vote on various legislative measures. This motion carried with Councilman Thomas voting in the negative. Councilman Rogers, Chairman of the Auditorium-Recreation Committee, read a Dedication Announcement regarding the California Avenue Park Neighborhood Facility, as follows: The culmination of many years of planning and development of a facility to aid people is now in operation. It is with pleasure the Council 278 Bakersfield, California, April 22, 1974 - Page 6 wishes to announce the official dedication of the California Avenue Park Neighborhood Facility. The date of June 10, 1974, at 3:30 P.M. has been chosen for these proceedings. The City Council wishes to thank the citizens groups, Kern County, the Department of Housing and Urban Development, and all the agencies and their personnel that have helped to make this facility a reality. Councilman Rogers briefly outlined some of the services presently provided by the California Avenue Park Neighborhood Facility. Councilman Heisey suggested that former Councilmen Rucker and Stiern be formally invited to this dedication as they worked very hard on this project for a number of years. City Manager Bergen reported on the Notice of Completion of the Draft Environmental Impact Report "Use and Disposition of Property and Water Rights Acquired by the City of Bakersfield from Tenneco West, Inc. in Settlement of Litigation," as follows: The Notice of Completion of Draft E.I.R. "Use and Disposition of Property and Water Rights Acquired by the City of Bakersfield frc~n Tenneco West, Inc. in Settlement of Litigation," was filed April 19, 1974. An estimated 40-60 Draft E.I.R.'s have been mailed to required agencies. Our consultant has informed me he will provide additional copies to the City, which will be available, on a limited basis, to interested parties, for the cost of reproduction of $7.50. These copies should be available tomorrow or Wednesday. A public hearing has been set by the Planning Commission for 7:30 P.M. on Wednesday, May 22, 1974 in the Council Chambers of the City Hall, 1501Truxtun Avenue. Consent Calendar. The following items were lisfed on the Consent Calendar: (a) Allowance of Claims Nos. 3074 to 3237, inclusive, in amount of $129,929.79. (b) Application for Encroachment Permit from Mrs. Marjorie Leek, 2630 Buena Vista Street. (c) Application for Encroachment Permit from James Morris, 481 Morning Drive. Bakersfield, California, April 22, 1974 - Page 7 279 (d) Notice of Completion and Acceptance of Work for installation of Traffic Signal and Street Lighting Systems at the intersection of California Avenue and Oleander Avenue - Contract No. 73-91 with Safety Electric Company. (e) Notice of Completion and Acceptance of Work for fence alterations on South "H" Street between Belle Terrace and Ming Avenue - Contract No. 74-12 with Sears, Roebuck & Company. (f) Director's Deed from State of California to the City of Bakersfield providing necessary easement for Storm Drain relocation in connection with Freeway 58 construction. Upon a motion by Councilman Strong, Items (a), (b), (c). (d), (e) and (f) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Thomas, Bleecker, Heisey, Medders, Rogers, Strong None Noes: Absent: None Councilman Strong stated that litigation related to the acquisition of water has risen sharply primarily because of the Kern Delta lawsuit and the intervention of the County and a transfer of funds will be necessary in order to meet obligations to the City's Water Attorney. Upon a motion by Councilman Strong, Budget Transfer from Account No. 11-540-4100 in the amount of $10,000.00 and Account No. 11-520-0100 in the amount of $10,000.00 to Account No. 11-525-4100 in the amount of $20,000.00, was approved by the following roll call Councilmen Thomas, Bleecker, Heisey, Medders, Rogers, Streng None vote: Ayes: Noes: Absent: None 280 Bakersfield, Calibrnia, April 22, 1974 - Page 8 action on Bids. Upon a motion by Councilman Bleecker, bid of Gat Wood Equipment, Inc. for Diesel Powered Street Sweeper was accepted, this being the only bid that met specifications, and authorization was granted to trans£er funds in the amount of $2,700.00, from the Council's Contingency Fund to Public Works Account No. 11-690-7900, in order to purchase this item as the bid was over the budget estimate. Upon a motion by Councilman Bleecker, Co., Inc. for Diesel Tractor being the only bid received, transfer funds in the amount Contingency Fund to purchase this Ayes: Noes: None Absent: None bid of H. V. Carter with 7 Gang Mower was accepted, this and authorization was granted to of $1,300.00, from the Council's to Public Works Account No. 11-690-8300, in order item as the bid was over the budget estimate. New Business. Certification of Supplemental Environ- mental Evaluation for the proposed three level parking garage adjacent to the Arcon-Bank of America Building. Upon a motion by Councilman Medders, Certification of Supplemental Environmental Evaluation for the proposed three level parking garage adjacent to the Arcon-Bank of America1 approved by the following roll call vote: Councilmen Thomas, Bleecker, Heisey, Medders, Rogers, Strong Building, was Approval of Revision of Local Agency- State TOPICS Agreement No. 2, Supple- ment No. 4. Upon a motion by Councilman Strong, Revision of Local Agency-State TOPICS Agreement No. 2, Supplement No. 4 covering reconstruction and widening of Baker Street between Truxtun Avenue and the Southern Pacific Railroad, was approved and the Mayor was authorized to execute same. Bakersfield, California, April 22, 1974 - Page 9 Approval of Plans and Specifications for construction of curb and gutter along the west line of Oak Street between Palm Street and Brundage Lane. Upon a motion by Councilman Medders, Plans and Specifica- tions for construction of curb and gutter along the west line of Oak Street between Palm Street and Brundage Lane, was approved and the Finance Director was authorized to advertise for bids. Authorization granted Purchasing Division to negotiate discount agreements for Chemical and Paper Supplies. Upon a motion by Councilman Medders, authorization was granted to the Purchasing Division to negotiate discount agreement~ (E.M.M.A.) with Rose Chemical Co., Target Chemical Co. and San Joaquin Janitorial Supply Co. for the purchase of various chemicals and paper supplies as required. This authorization is to continue until such time as the availability of materials and prices return to normal market conditions. Approval of Construction Change Order No. 2 ~or "Phase Two" Relocation of Sewer Main for State Route 58 Freeway. Upon a motion by Councilman Medders, Cinstruction Change Order No. 2, with Colecrest Equipment Co., for "Phase Two" re- location of Sewer Main for State Route 58 Freeway, was approved and the Mayor was authorized to execute same. Hearings. This is the time set for public hearing on application by Annie Schmidt to amend the zoning boundaries from an R-1 (One Family Dwelling) Zone to an R-1-P (One Family Dwelling - Parking), or more restrictive, Zone, affecting that certain property in the City of Bakersfield located on the west side of Drake Street in the north half of the 2400 block. This hearing has been duly advertised, the property posted and property owners notified as required by law. Bakersfind, California, April 22, 1974 - Page l0 This zone change ~ould permit the use of subject property for an automobile parking area in conjunction with C-0 property south of and adjacent to this site. Adjacent properties to the west and north are zoned and developed single family residential. Property on the east side of Drake Street, across from subject property, is developed with the Kern High School District Adminis- tration Office and parking lot. The property owner north of and adjacent to subject property, appeared before the Planning Commission in opposition to the zone change. An environmental impact evaluation was made and a negative declaration was posted in City Hall on March 13, 1974. The Planning Commission found the zone change consistent with the General Plan and recommended approval subject to The application of the "D" Design Overlay Zone. patton. represent Care, the Mayor Hart declared the hearing open for public partici- No protests or objections were received. Mr. Dean Gay of Watson Realty Company, was present the property owner. Dr. John Almklov, Treasurer of The Foundation for Medical group who will be using this property, spoke in favor of the zone change. Mr. Earl Bender, 2531 Drake Street, spoke in favor of the zone change. Mayor Hart closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Bleecker, Ordinance No. 2185 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the west side of Drake Street in the north half of the 2400 block, including the application of The "D" Design Overlay Zone and finding that such Bakersfield, California, April 22, 1974 - Page ll amendment is consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Thomas, Bleecker, Heisey, Medders~ Rogers, Strong Noes: None Absent: None This is the time set for public hearing on application by K. A. Shelton, Inc. to amend the zoning boundaries from an R-1 (One Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling), or more restrictive, Zone, affecting that certain property in the City of Bakersfield commonly known as 3010 18th Street. This hearing has been duly advertised, the property posted and property owners notified as required by law. Subject parcel (75' x 122') is a portion of a larger parcel presently zoned R-3 (Limited Multiple Family Dwelling). The applicant proposes to build 10 condominium apartment units on the total area of 30,256 square feet. An environmental impact evaluation was made and a negative declaration was posted in City Hall on March 22, 1974. The Planning Commission found the zone change consistent with the General Plan and recommended approval subject to the application of the "D" Design Overlay Zone. Mayor Hart declared the hearing open for public partici- pation. No protests or objections were received. Mr. Ken Shelton, the applicant, was present the hearing was closed for Upon a motion by in the audience. The public portion of Council deliberation and action. Councilman Bleecker, Ordinance No. New Series amending Title Seventeen of the Municipal Code of City of Bak~sfi~ d by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 3010 - 18th Street, including the application of the "D" Design Overlay Zone 2186 the 284 Bakersfield, California, April 22, 1974 - Page 12 and finding that such amendment is consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Thomas, Noes: None Absent: None Bleecker, Adjournment. Heisey, Medders, Rogers, Strong Council, adjourned at There being no further business to come before the upon a motion by Councilman Heisey, the meeting was 9:45 P.M. Calif. ATTEST: ma Bakersfield, California, April 29, 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., April 29, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Richard Gerbrandt of the Mennonite Brethren Church of Bakersfield. Reverend Gerbrandt reminded the public that April 30, 1974, is a day that was set aside, by Congressional Resolution, for humiliation, fasting and prayer. The City Clerk called the roll as Present: Mayor Hart. Councilmen Bleecker, Strong Absent: Councilman Thomas Minutes of the regular meeting of April 22, 1974 were approved as presented. Scheduled Public Statements. Mr. Walter Adams, President of the Central California Citizens Band Radio Club, requested the Council to grant their club a permit to sell Fireworks in the City. The Red Devil Fireworks Company failed to notify the Citizens Band Radio Club of the April 15th deadline for filing for Fireworks Permits. Councilman Bleecker moved that the Central California Citizens Band Radio Club and the Bakersfield Breakfast Lions Club be granted a permit to sell Fireworks in the City. City Attorney Hoagland stated that this action would be in violation of the Fireworks Ordinance and that ordinance should be amended, to extend the April 15th deadline, before granting any permits. The permit granted at last week's Council Meeting was due to the fact the Active 20-30 Club had filed too early and their application was overlooked. After discussion, Councilman Heisey made a substitute motion, that first reading be considered given an Ordinance of the Council of the City of Bakersfield amending Section 14.40.040 (a) of the Municipal Code by extending the deadline of April 15th to follows: Heisey, Medders, Rogers, Bakersfield, California, April 29, 1974 - Page 2 May 15th for filing for Fireworks Permits. This motion carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rogers, Strong Noes: None Absent: Councilman Thomas Council Statements Councilman Rogers stated that he would like to recognize former Councilman Raymond Rees who was in the audience. Reports. Councilman Rogers, member of the Legislative Committee read Legislative Report No. 7, as follows: AB 1575 enacts the Warren-Alquist Energy Conservation and Development Act and passed the Assembly on August 9, 1973, by a 41-32 vote. It is now in the Senate Finance Committee. The Act establishes a State Commission which may adopt land use standards different from those adopted by local agencies and precludes local participation in important energy re- sources matters. For this reason, it is recommended that those features of AB 1575 which reflect a further intrusion into our local affairs be opposed as a matter of principle, and the City's opposition be sent to the Governor, members of the State Finance Committee and to all Assemblymen in Kern County. Upon a motion by Councilman Rogers, the Mayor was instructed to prepare necessary communications to the Governor, members of the State Finance Committee, all Assemblymen in Kern County and the League of California Cities, expressing the Council's opposition to those features of AB 1575 which reflect further intrusion into our local affairs. Councilman Strong abstained from voting on this motion. Director of Public Works Bidwell read a Status Report of Capital Improvement Projects funded by Gas Tax, as follows: We have reviewed the status of gas tax funded projects for the current year. Approximately $483,300 worth of these projects have not been awarded or have not been advertised for bid. A list of these projects is attached. Savings on all projects completed to date total $19,692; however, it appears there will be a very sizable cost overrun on remaining projects scheduled for completion this year. Two (2) Bakersfield, California, April 29, 1974 - Page 3 287 projects which we ask Council action on tonight exceed budgeted funds by some $59,000. In view of this, the Public Works Department suggests deferral of a project and use of those funds to offset overruns. If this suggestion is acceptable we would, recommend deferral for one year of a $95,000 project on Stine Road between Planz Road and White Lane and authorize use of these funds for other budgeted gas tax projects. PROJECTS REMAINING FOR FISCAL YEAR 1973-1974 GAS TAX ONLY GAS TAX FUNDS 18th Street (Cedar to Oak St.) $ 50,000 Pacheco Road (So. "H" St. to Union Avenue) $130,000 Belle Terrace (Stine to New Stine Rd.) $ 49,500 Stine Rd. (Planz Rd. to White Lane) $ 95,000 Pierce Road Cap $ 38,000 "L" St. & 17th St. (Garage Portion) $ 20,000 Brundage Lane (Lakeview to Mr. Vernon) $100,800 TOTAL $483,000 Upon a motion by Councilman Medders, Status Report of Capital Improvement Projects funded by Gas Tax, with the deferral, for one year, of a $95,000 project on Sfine Road between Planz Road and White Lane and authorize use of these funds for other budgeted gas tax projects, was adopted. Public Works Director Bidwell reported on the status of the installation of an irrigation line near Treatment Plant No. 2 by Continental Contractors. Mr. Bidwell stated that the contractor attempted to put the system into operation today but two or more leaks developed before the system was fully operative. The con- tractor discontinued the test and has not indicated whether or not he would make the repairs. Mr. Ray Anderson of Continental Contractors, reiterated his complaint of last week, that his company has not received final payment on the contract for installation of an irrigation line near Treatment Plant No. 2, that was completed on February 28, 1974. After a lengthy discussion, Councilman Rogers made a motion that the staff be instructed to have a complete and factual Bakersfield, California, April 29, 1974 - Page 4 report, with a recommendation, for next week's Council Meeting regarding the installation of the irrigation line near Treatment Plant No. 2. Mr. Jim Calanchini, Assistant to the President of Garone Cattle Company, stated that, to his knowledge, the pump was not turned on by any of their employees, without consent of the con- tractor or the City. Councilman Rogers' motion that the staff be instructed to have a complete and factual report, with a recommendation, for the Council Meeting of May 6, 1974, regarding the installation of 2, was unanimously the irrigation line near Treatment Plant No. approved. Consent Calendar. The following itmes were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3238 to 3281, inclusive, in amount of $34,426.49. Notice of Completion and Acceptance of Work on Phase Two - Relocation of Sewer Main for State Route "58" Freeway - Contract No. 74-11 with Colecrest Equipment Company. (b) Request of James Cunningham, Sanitation Crewman I, for 60 days Medical Leave without Pay, beginning April 15, 1974. (c) Upon a motion by Councilman Strong, Items (a), (b), and (c) of the Consent call vote: Ayes: Noes: Absen,: Calendar, were adopted by the following roll Councilmen Bleecker, None Councilman Thomas Action on Bids. Upon a motion by Councilman Strong, Heisey, Medders, Rogers, Strong low bid of Griffith Company for the improvement of East Brundage Lane from 1200' east of Lakeview Avenue to 400' east of Mt. Vernon Avenue, was accepted~ all other bids rejected and the Mayor was authorized to execute the contract. Bakersfield, California, April 29, 1974 - Page 5 After discussion, upon a motion by Councilman Strong, low bid of Cal-Western Retaining of Fresno for Mayflower District Storm Drain, HUD Project Nos. WSF-CA-09-16-1046 and WSF-CA-09-16-1069, with the paving portion deleted in the amount of approximately $33,009.00 to be done either by separate contract or City forces, was accepted, all other bids rejected and the Mayor authorized to execute the contract, by the following roll call vote: Ayes: Councilmen Bleecker, Hei~py, Medders, Rogers, Strong Noes: None Absent: Councilman Thomas Approval of Construction Change Order No. 1 for Mayflower District Storm Drain, HUD Project Nos. WSF-CA-09-16-1046 and WSF-CA-09-16-1069. The total Change Order contract adjustment price is a decrease in the amount of $33,009.00, and provides for deletion of pavement saw-cutting, trench preparation and placing of 4" A.C. paving required for trench resurfacing from the contract. The Department of Housing and Urban Development has approved this Change Order and the Public Works Department proposes to do the paving under separate contract. Upon a mO~ion by Councilman Strong, Construction Change Order No. 1 with Cal-Western Retaining of Fresno, for Mayflower District Storm Drain, HUD Project Nos. WSF-CA-09-16-1046 and WSF-CA-09-16-1069, was approved and the Mayor was authorized to execute same. City Manager Bergen stated he would like to make it clear that there will be a recommendation to use Gas Taxes for the paving portion of the Mayflower District Storm Drain which was deleted from the contract. the Approval of Agreement between the County of Kern and the City of Bakers- field. Upon a motion by Councilman Medders, Agreement between County of Kern and the City of Bakersfield, providing for 290 Bakersfield, California, April 29, 1974 - Page 6 County participation in the Oak Street curb, gutter and paving project between Palm Street and Brundage Lane, was approved and the Mayor was authorized to execute same. Approval of Agreement with P. G. & E. for Electrical Service installation on C~lumbus Street near Idaho Street. Upon a motion by Councilman Heisey, Agreement with Pacific Gas & Electric Company for electrical service installation on Columbus Street near Idaho Street, was approved and the Mayor was authorized to execute same. First reading of an Ordinance of the Council of the C~y of Bakersfield amending Section 17.52.170 of the Municipal Code by a~ding Subsections (E) and (F) thereto, and by repealing Section 10.07.050 of said Code, concerning Fences, Walls and Hedges. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.52.170 of the Municipal Code by adding Subsections (E) and (F) thereto, and by repealing Section 10.07.050 of said Code, concerning Fences, Walls and Hedges. This ordinance would permit property owners in the C-O, C-C, C-l, C-2, M-1 and M-2 Zones to erect barbes wire on existing fences or walls, if the lowest strand of barbed wire is installed at least 6 feet 3 inches above grade. Present regulations require the lowest strand to be 7 feet above grade, which makes it impracti- cal to install any barbed wire on existing fences. This ordinance would also permit barbed wire fencing in the A Zone if it is 1300 feet from any residential area (25 dwellings). Hearings. This is the time set for continued public hearing before the Council for hearing protests by persons owning real property within territory designated as "Panorama No. l" proposed to be annexed to the City of Bakersfield. This public hearing was contin- ued from the Council Meeting of March 25, 1974. Bakersfield, California, April 29, 1974 - Page 7 291 Upon a motion by Councilman Rogers, the public hearing was continued until May 20, 1974. This is the time set for continued public hearing before the Council for hearing objections to include within the Greater Bakersfield Separation of Grade District certain territory desig- nated as "Panorama No. 1." This public hearing was continued from the Council Meeting of March 25, 1974. Upon a motion by Councilman Rogers, the public hearing was continued until May 20, 1974. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Strong, the meeting was adjourned at 9:20 P.M. Bakersfield, California ATTEST: ACTIN~ITY ~L~RK ~d Ex-Officio Clerk of the Council of the Ci~of Bakersfield, California ma 292 Bakersfield, California, May 6, 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., May 6, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Walter F. Reisey. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Heisey, Medders, Rogers, Strong, Bleecker Absent: Councilman Thomas Minutes of the regular meeting of April 29, 1974 were approved as presented. Council Statements. Upon a motion by Councilman Medders, the Business Develop- ment and Parking Committee was instructed to investigate possible locations for safe bicycle paths. Councilman Heisey read a news release from Kern County Supervisor John Mitchell, supporting the City of Bakersfield in regards to the City's acquisition of Tenneco West's water rights to the Kern River. Reports. Councilman Bleecker, Chairman of the Governmental Efficiency and Personnel Committee, read a report regarding Administrative Organization of the City of Bakersfield, as follows: The firm of Arthur D. Little, Incorporated, was hired some months ago by the City Council to conduct an efficiency study into various areas of City government. In compliance with their contract they have submitted an interim report regarding the administrative organization of this City prior to completion of their total study. This interim report covers the organi- zation of the City Manager's Office, personnel administration and the organization of community development activities. (Excerpts of this study are attached to the Committee Report.) The Governmental Efficiency and Personnel Committee has thoroughly evaluated the Arthur D. Little recommendations, and we are generally in agreement with these findings. The following comment from this study was particularly note- worthy in forming our recommendations: "From the taxpayers' point of view it is no longer defensible simply to Bakersfield, California, May 6, 1974 - Page 2 293 assure them that the funds of the City have been spent in accordance with the law. The cost effectiveness of public expenditures are increasingly of citizen concern and rightfully so. Consequently, the administrative organization of the City should be consciously strengthened and designed to provide additional analytical capabilities - both budget- arily and programmatically." With this thought in mind the following is recommended: 1. The City Clerk's Office consolidated with the City Manager. 2. More centralization of the personnel functions. Centralization of the community development functions with a community development agency. In order to accomplish this we make the following recommendations for Council approval: A Senior Administrative Assistant position reclassified as an Assistant City Manager with Major responsibilities in the field of manpower and personnel. The upgrading of a Senior Administrative Assistant position (now vacant) to a Deputy City Manager having primary responsibilities for general operations and covering expanded administrative bases under the immediate and direct supervision of the City Manager. The upgrading of the City Clerk's position (now vacant) to an Assistant City Manager, with major responsibilities for administrative services and public information who would be designated as the Deputy City Clerk. The upgrading of an Administrative Assistant position (now vacant) to a Community Develop- ment Director. This agency will include the Department of City Planning, the Department of Building Inspection and a Department of Redevelopment. The Director of Community Development will have administrative super- vision over these three departments. These proposals will not require additional personnel as we are essentially upgrading present authorized positions. This is not to say that additional personnel, such as in the Personnel Office, will not be required. Department re- organization and locations of these various departments will be forthcoming in later reports. The Committee is not recommending at this time the adoption of a post-entry training program as recommended by the Arthur D. Little study. This is not to say that we are opposed to training programs; however, there are many implications, such as cost factors and type of training, 294 Bakersfield, California, May 6, 1974 - Page 3 which warrant further study. We have suggested that the staff make further evaluations of our present program in comparison to the proposed program prior to any Council action on this matter. In order to implement this report the Govern- mental Efficiency and Personnel Committee is recommending Council approval of the following positions, salary ranges and attached job specifications: Range Title Step 1 Step 5 78 Deputy City Manager $23,146 $28,199 69 (2) Assistant City Managers $18,492 $22,584 71 Community Development Director $19,464 $23,736 We further recommend that the City Council con- sider this report a first reading and instruct the City Manager to begin recruitment proceedings immediately to fill these positions, with the exception of the Assistant City Manager in charge of personnel, which we are recommending a reclassi- fication of the present Senior Administrative Assis- tant. The City Attorney should also be instructed to prepare the necessary ordinance changes. Upon a motion by Councilman Bleecker, report of the Governmental Efficiency and Personnel Committee regarding Adminis- trative Organization of the City of Bakersfield, was approved, the City Manager was instructed to begin recruitment proceedings to fill the vacant positions and first reading was considered given ordinances necessary for these changes. Councilman Bleecker, Chairman of the Governmental Efficiency and Personnel Committee, read a report regarding Recognition of Public Employees' Union, as follows: For the City Council's information the Public Employees' Union, Teamsters Local 986 has petitioned for formal recognition as the majority exclusive representative of employees in the (1) City's Fire Unit and (2) the City's Fire Supervisory Unit. These petitions have been reviewed by the Governmental Efficiency and Personnel Committee at which time we determined their compliance with all requirements as set forth in this City's Employer-Employee Relations Ordinance and Supplemental Rules and Regulations. They have also submitted written proof that they represent well over 50% of the employees in both of the requested units. Bakersfield, California, May 6, 1974 - Page 4 295 Based on these facts the Governmental Efficiency and Personnel Committee as the City's Designated Representative has granted formal recognition rights to this union. These recognition rights will not be subject to challenge by any other employee organization for a period of not less than twelve months. Upon a motion by Councilman Bleecker, report of the Governmental Efficiency and Personnel Committee regarding Recog- nition of Public Employees' Union, was adopted. Councilman Medders, Chairman of the Budget Review and Finance Committee, read a report regarding Outside Audit of Fiscal Year 1973-74, as follows: The Budget Review and Finance Committee has met to discuss the outside audit for fiscal 1973-74. After a great deal of discussion, the committee felt it would be advisable to again retain Elmer Fox & Company. The Committee concluded a change in auditing firms just for the sake of change is not warranted and would, in fact, increase the City's cost with- out improvement in the quality of the audit. Any new firm's cost for the first year's audit work would be much higher because of the need to become familiar with the City's operation and development of basic work data. The Committee was assured that the certified public accountant placed in charge of this year's work would be a person who had worked on the City's audit in the past year, thus giving enough conti- nuity to the new audit to effect maximum effi- ciency. New personnel would be assigned to some key areas of audit in order to provide a fresh approach. The estimated fee is $10,400, an increase of $900 over the prior year. The Committee recommends that Elmer Fox & Company be retained as the City's outside auditors for fiscal year ending June 30, 1974. Upon a motion by Councilman Medders, report of the Budget Review and Finance Committee recommending Elmer Fox & Company be retained as the City's Outside Auditors for Fiscal Year ending June 30, 1974, was approved and the Mayor was authorized to execute the contract. 296 Bakersfield, California, May 6, 1974 - Page 5 Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3282 to 3358, inclusive, in amount of $55,843.52. (b) Notice of Completion and Acceptance of Work on installation of Traffic Signal and Street Lighting Systems at the intersection of Columbus Street and Oswell Street - Contract No. 73-97 with A. C. Electric Company. (c) Map of Tract No. 3690 and Contract and Specifications for improvements therein. (d) Map of Tract No. 3692 and Contract and Specifications for improvements therein. (e) Map of Tract No. 3693 and Contract and Specifications for improvements therein. (f) Plans and Specifications for construction of Utility Building and Tower Footings for Radio Communication Facility at City Sanitary Landfill. (g) Adoption of Resolution No. 31-74 of the Council of the City of Bakersfield making finding concerning proposed Subdivision: Tentative Tract No. 3714, located north of Stockdale Highway, south of the Carrier Canal and west of Park Stockdale. (h) Adoption of Resolution No. 32-74 of the Council of the City of Bakersfield making finding concerning proposed Subdivision: Tentative Map of Tract No. 3715, located north of Stockdale Highway, approximately 800 feet + and east of E1 Rio Drive. (i) Adoption of Resolution No. 33-74 of the Council of the City of Bakersfield making finding concerning proposed Subdivision: Tentative Map of Tract No. 3723, located in Southwest Bakersfield, south of Ming Avenue and west of Stine Road on Hasti Acres Drive. 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 roll call vote: Ayes: Councilmen Heisey, Medders, Rogers, Strong, Bleecker Noes: None Absent: Councilman Thomas Bakersfield, California, May 6, 1974 - Page 6 29'7 Action on Bids. Upon a motion by Councilman Medders, bid of Automatic Signal Division for Traffic Controller replacement, was accepted and the other bid rejected. Deferred Business. Adoption of Emergency Ordinance No. 2187 New Series of the Council of the City of Bakersfield amending Section 14.40.040 (a) of the Municipal Code of the City of Bakersfield concerning Application Requirements for Sale of Safe and Sane Fireworks. Upon a motion by Councilman Bleecker, Emergency Ordi- nance No. 2187 New Series of the Council of the City of Bakers- field amending Section 14.40.040 (a) of the Municipal Code of the City of Bakersfield concerning Application Requirements for Sale of Safe and Sane Fireworks, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Heisey, Medders, Rogers, Strong, Bleecker None Councilman Thomas Adoption of Ordinance No. 2188 New Series of the Council of the City of Bakersfield amending Section 17.52.170 of the Municipal Code by adding Sub- sections (E) and (F) thereto, and by repealing Section 10.07.050 of said Code, concerning Fences, Walls and Hedges. Ayes: Noes: Absent: Councilmen Heisey, Medders, None Councilman Thomas Rogers, Strong, Bleecker Upon a motion by Councilman Medders, Ordinance No. 2188 New Series of the Council of the City of Bakersfield amending Section 17.52.170 of the Municipal Code by adding Subsections (E) and (F) thereto, and by repealing Section 10.07.050 of said Code, concerning Fences, Walls and Hedges, was adopted by the following roll call vote: 298 Bakersfield, California, May 6, 1974 - Page 7 New Business. Adoption of Resolution No. 34-74 of the Council of the City of Bakersfield consenting to relinquishment of a parcel of State Highway Right-Of-Way along White Lane at the Route 99/White Lane Interchange 06-Ker-99-21.08, No. 79356. Upon a motion by Councilman Medders, Resolution No. 34-74 of the Council of the City of Bakersfield consenting to relinquishment of a parcel of State Highway Right-Of-Way along White Lane at the Route 99/White Lane Interchange 06-Ker-99-21.08, No. 79356, was adopted by the following roll call vote: Ayes: Councilmen Heisey, Medders, Rogers, Strong, Bleecker Noes: None Absent: Councilman Thomas Adoption of Resolution No. 35-74 of Application by the Council of the City of Bakersfield proposing the detachment of those portions of recently annexed territory from the North Bakersfield Recreation and Park District. Upon a motion by Councilman Heisey, Resolution No. 35-74 of Application by the Council of the City of Bakersfield proposing the detachment of those portions of recently annexed territory from the North Bakersfield Recreation and Park District, was adopted by the following roll call vote: Ayes: Councilmen Heisey, Medders, Rogers, Strong, Bleecker Noes: None Absent: Councilman Thomas Approval of Agreement between P. G. & E. and the City of Bakers- field for Electric Service to Grissom Park. Upon a motion by Councilman Medders, Agreement between P. G. & E. and the City of Bakersfield for electric service to serve the irrigation system in Grissom Park, was approved and the Mayor was authorized to execute same. Bakersfield, California, May 6, 1974 - Page 8 299 Approval of Collective Agreement with Southern California Gas Company for relocation of Southern California Gas Company's existing two inch (2") gas line located at Belle Terrace and Stine Canal. Upon a motion by Councilman Strong, Collective Agreement with Southern California Gas Company for relocation of Southern California Gas Company's existing two inch (2") gas line located at Belle Terrace and Stine Canal, was approved and the Mayor was authorized to execute same. Approval of Agreement with Southern Pacific Transportation Company for the purpose of installing the 36 inch Storm Drain in Lakeview Avenue. Upon a motion by Councilman Strong, Agreement with South-- ern Pacific Transportation Company for the purpose of installing the 36 inch Storm Drain in Lakeview Avenue, was approved and the Mayor was authorized to execute same. Councilman Rogers read a Memorandum from Director of Public Works Bidwell and a report from the City Attorney's Office regarding Contract No. 74-10 with Continental Contractors for construction of an irrigation line on the Municipal Farm Property, as follows: Memorandum from Director of Public Works Bidwell During the meeting of April 29, the Council directed the staff to submit a report on all matters pertinent to the contract for con- struction of an irrigation line ~ the Munic- ipal Farm property. The attached memo and report from the Attorney's Office and Public Works Department were prepared in response to that request. The Public Works Department concurs with the recommendations presented in the memorandum from the Assistant City Attorney. Report from the City Attorney's Office Upon an analysis of the facts of this case as presented to me, it is my opinion that the contract has not been satisfactorily completed and that the City has not accepted the work. 300 Bakersfield, California, May 6, 1974 - Page 9 I recommend that the Council find that the contractor has failed to prosecute the work to satisfactory completion; that written notice be served on the contractor providing him with an opportunity to provide means for a satisfactory compliance with the contract, as directed by the City Engineer, within a reasonable time. In the event the contractor neglects or refuses to comply within such reasonable time, that the City Council should suspend the oper- ation of the contract. In this event the City would proceed to finish the contract and use the remaining 10% of the contract price for such purpose and charge the contractor for any costs in excess thereof. The bonding company should be notified. Upon a motion by Councilman Rogers, the recommenda- tions contained in the City Attorney's report were approved. Councilman Bleecker abstained from voting on this motion. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Heisey, the meeting was adjourned at 8:35 P.M. AYOR~of Bakersfield, Calif. ATTEST: ACTI~(~?CITY CLERK/~d Ex-Officio Clerk of the Council of the C' ~ of Bakersfield, California ma Bakersfield, California, May 13, 1974 30i 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., May 13, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Rogers. Present: Absent: Invocation by Councilman Donald A. The City Clerk called Mayor Hart. Councilmen Medders, Rogers, Bleecker, Heisey None Minutes of the regular meeting of May 6, the roll as follows: Strong, Thomas, 1974 were approved as presented. Scheduled Public Statements. Mr. Bob Charlton, Chairman of the Liberty Amendment Com- mittee of Kern County, presented a book entitled "Action For Americans - Liberty Amendment," to the Council and explained that this is a proposed amendment to the U. S. Constitution. Correspondence. Councilman Medders mentioned a letter from Mrs. Ruth Blue, 2601 Dracena Street, opposing her assessment for installation of sidewalks on Dracena Street and Pine Street in regards to Public Improvement District No. 889. Upon a motion by Councilman Rogers, communication from Cecil & Patricia Neal of Pat's Poodle Pad, 220 Monte re y Street, requesting the Council to consider using the land recently purchased from Tenneco West, Inc., by the City, as a game refuge and make the land available for bird dog field trials, was referred to the Water and City Growth Committee for study and recommendation. Upon a motion by Councilman Heisey, communication from the Kern Audubon Society, opposing the sale or exchange of any Kern River water to Los Angeles for any purpose, particularly for a nuclear power plant, was received and ordered placed on file. 3O2 Bakersfield, California, May 13, 1974 - Page 2 Upon a motion by Councilman Thomas, communication from the State of California, Department of Transportation, regarding a Cost Effectiveness Study, was received and ordered placed on file. Mayor Hart read a communication from Reverend Daniel DeDominicis, submitting his resignation as a member of the Citizens Advisory Committee for the California Avenue Park Neighborhood Facility. Mayor Hart recommended that Mr. Alfred Leon be appointed to fill this vacancy. Upon a motion by Councilman Heisey, Mr. Alfred Leon, 701 East California Avenue, was appointed to serve as a member of the Citizens Advisory Committee for the California Avenue Park Neighborhood Facility. Council Statements. Councilman Heisey reported on the current status of the City's water program. Reports. Councilman Rogers, Chairman of the Auditorium-Recreation Committee, read a report regarding Recreation Division's 1974-75 Operational Budget, as follows: The City Council's Auditorium-Recreation Committee recently met and reviewed the proposed Recreation Division's budget for fiscal year 1974-75. This budget is submitted annually prior to the regular budget hearings so plans and preparations may proceed for the City's summer recreation program. Attached to this report is the proposed budget for fiscal year 1974-75 for the Council's inspection and consideration. As you will note the 1974-75 budget, as submitted, is $7,300 below the 1973-74 budgeted amount. The committee has reviewed the proposed budget in detail and has recommended an additional $2,200 reduction in the summer program. We have advised the staff to evaluate those programs affected by this reduction. If we find that these reductions are not justified, we will give these areas further consideration during the budget hearings. The Federal Government passed a new minimum wage law effective May 1, 1974, which affects all federal, state and local government employees. The staff is evaluating the implications of this new law as it affects temporary employees. At the present time, it looks as though most temporary recreation employees' salaries will need to be Bakersfield, California, May 13, 1974 - Page 3 303 adjusted approximately 30 cents an hour. If this is the case the seasonal salaries will reflect approximately a $15,000 increase. Recommendations concerning this matter will be considered during the regular budget sessions. The Council's Auditorium-Recreation Committee believes the proposed program is adequate, and we are extremely pleased to note that the same level of service will be offered at basically the same amount as last year. We are, therefore, recommending Council approval of the Recreation Division's 1974-75 budget. Upon a motion by Councilman Rogers, report of the Audi- torium-Recreation Committee recommending approval of the Recreation. Division's 1974-75 Operational Budget, was adopted. Councilman Bleecker, Chairman of the Governmental Efficiency and Personnel Committee, read a report regarding Change in Employee Units, as follows: Based on evidence provided by the Arthur D. Little study, it has been determined that the Foreman I classification, which was included in the General Employees Blue Collar Unit, should be changed to the General Employees Supervisory Unit. This information was submitted to all employee organizations, at which time they were informed of the City's willingness to meet and confer on this subject. To date the Service Employees International Union and the Public Employees Union - Teamsters Local 986 have informed us that they have no objections to this change. The Governmental Efficiency and Personnel Committee as the City's designated representative for employer-employee relations has, therefore, instructed the staff to make this change in the Supplemental Rules and Regulations effective this date. Upon a motion by Councilman Bleecker, report of the Governmental Efficiency and Personnel Committee regarding Change in Employee Units and instructing the staff to make a change in the Supplemental Rules and Regulations, was accepted. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3359 to 3443, inclusive, in amount of $264,660.22. (b) Claim for damages from Herbert Allen Cosme, 39 Cedarwood Lane, Oildale. (Refer to City Attorney) 304 Bakersfield, California, May 13, 1974 - Page 4 (c) Claim for damages from Valley Grande Golf Course, 1119 Watts Drive. (Refer to City Attorney) (d) Street Right of Way Deed from Elmer F. Karpe, Inc. and Regional Mortgage Co. - provides right of way for American Way, north of Ming Avenue and between Valhalla Drive and McDonald Way in conjunction with Parcel Map No. 2171. (e) Plans and Specifications for construction of two lighted Tennis Courts at Centennial Park. (f) Plans and Specifications for construction of an Automatic Sprinkler System for Grissom Park. (g) Plans and Specifications for resurfacing of Pierce Read between Rosedale Highway and Calloway Canal Bridge. 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, Rogers, Strong, Thomas, Bleecker, Heisey Noes: None Absent: None Action on Bids. Upon a motion by Councilman Bleecker, bid of Central Valley Supply Co. for Storm Drain Pipe, was accepted. Upon a motion by Councilman Thomas, bid of Griffith Company for Annual Contract Type "B" Asphalt Concrete, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Deferred Business. Adoption of Ordinance No. 2189 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. Upon a motion by Councilman Bleecker, Ordinance No. 2189 New Series of the Council of the City of Bakersfield amending Section 3.18.060 (Salary Schedule) of the Municipal Code of the Bakersfield, California, May 13, 1974 - Page 5 305 City of Bakersfield, was adopted by the following roll call vote: Rogers, Strong, Thomas, Bleecker, Councilmen Medders, Heisey None None Ayes: Noes: Absent: New Business. Adoption of Resolution No. 36-74 of the City Council of the City of Bakersfield amending the designation of the Downtown Redevelopment Survey Area. Upon a motion by Councilman Thomas, Resolution No. 36-74 of the City Council of the City of Bakersfield amending the desig- nation of the Downtown Redevelopment Survey Area, was adopted by the following roll call vote: Ayes: Noes: None Absent: None Councilmen Medders, Rogers, Strong, Thomas, Bleecker, Heisey Hearings. This is the time set for public hearing on the initiated action by the Planning Commission to amend the zoning boundaries from a C-2-D (Commercial - Architectural Design) Zone to an R-3-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive, Zone, affecting that certain property in the City of Bakersfield located on the south side of Golden State Highway Frontage Road and westerly of "F" Street. This hearing has been duly advertised, the property posted and property owners notified as required by law. Subject properties are developed with a 40-unit senior citizens apartment complex and California Water Company's well and storage tank. A 24-unit apartment complex has been approved by the Planning Commission for the remaining undeveloped parcel. The zone change would be consistent with the existing and proposed multiple family dwelling use of the property. 306 Bakersfield, California, May 13, 1974 - Page 6 An environmental impact evaluation was made and a negative declaration was posted in City Hall on April 4, 1974. The Planning Commission found the proposed amendment to the Zoning Ordinance consistent with the General Plan and no one appeared in opposition. Mayor Hart declared pation. the hearing open for public partici- Mr. Roger Narinian, 3200 E1Encanto Court #18, opposed the zone change because of the congestion already in the area and the lack of access ways. Planning Director Sceales stated that apartments could be built under the present zoning but the proposed R-3 zoning prohibits commercial use of this property and protects the surrounding property owners. After discussion, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Bleecker, Ordinance No. 2190 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the south side of Golden State Highway Frontage Road and westerly of "F" Street and finding that such amendment is consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Strong, Thomas, Bleecker, Heisey Noes: None Absent: None This is the time set for public hearing before the Council for hearing protests, objections or appeals in respect to the diagram, assessment and work done in Public Improvement District No. 889 (construction of curb and gutters, sidewalks, driveway approaches and necessary drainage facilities along Cherry Street and Dracena Street between Pine Street and Beech Street; and along Bakersfield, California, May 13, 1974 - Page 7 307 a portion of Beech Street, Myrtle Street and Pine Street between Palm Street and Chester Lane) pursuant to Resolution of Intention No. 889 and the Improvement Act of 1911. This hearing has been duly advertised and notices of assessment sent to all affected property owners. Two written protests were filed in the City Clerk's Office by Sara C. O'Hare, 2617 Bank Street and Ruth A. Blue, 2601 Dracena Street. Mayor Hart declared the hearing open for public partici- pation. Mr. William F. Long, 313 Highland Avenue, representing Mrs. Sara C. O'Hare, stated he had prepared Mrs. O'Hare's letter of protest and was present to answer any questions that the Council might have pertaining to the problems with this parcel of property. Mrs. Raymond Pascoe, daughter of Sara O'Hare, addressed the Council objecting to the expense of the Public Improvement District and requested the Council to determine, once and for all, who owns the property where the City constructed 5th Street. City Attorney Hoagland stated that the boundaries of Mrs. O'Hare's property should be resolved, but the problem on 5th Street has nothing to do with the assessment for the work done in the Public Improvement District. Councilman Medders read the letter from Mrs. Ruth Blue, 2601Dracena Street, protesting to the assessment for the work done on her property in regards to Public Improvement District No. 889. After discussion, no further protests or objections being received and no one speaking in favor of the Public Improvement . District, the Mayor declared the public portion of the hearing closed for Council deliberation and action. Upon a motion by Councilman Heisey, hearing in respect to the diagram, assessment and work done in Public Improvement 308 Bakersfield, California, May 13, 1974 - Page 8 District No. 889, was continued for two weeks or until the staff can determine all the facts, if there are inequities that need to be adjusted, come back with a recommendation to the Council for positive action and that the staff contact Mrs. Pascoe to avoid the inconvenience of going from one department to another in an attempt to try to resolve this issue, was approved by the following roll call vote: Ayes: Councilmen Medders, Rogers, Strong, Thomas, Bleecker, Heisey Noes: None Absent: None Councilman Thomas introduced three Boy Scouts from Troop 605, who were present at the Council Meeting to earn Merit Badges. Councilman Bleecker stated that in regards to Public Improvement District No. 889 and the complaints received, if the streets are in bad condition he would like to know and hopefully, the staff can resolve the problems before the continued hearing. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Thomas, the meeting was adjourned at 9:25 P.M. · y kersfield, Calif. ATTEST: ACTIN~ CITY CLE~ and Ex-Officio Clerk of the Council of the ~ty of Bakersfield, California ma Bakersfield, California, May 20, 1974 309 Minutes of the regular meeting of the Council of the City of Bakersfield, Cali~rnia, held in the Council Chambers of the City Hall at 8:00 P.M., May 20, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Clifford Dickau of the Belle View Baptist Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Strong, Thomas, Bleecker, Heisey, Medders Absent: Councilman Rogers Minutes of the regular meeting of May, 13, 1974 were approved as presented. Correspondence. Mayor Hart read a communication from the California Highway PatDol, stating that the records of the Statewide Integrated Traffic Records System (SWITRS) show that the City of Bakersfield had fewer fatal traffic accidents in 1973 than in 1972 and extended their congratulations and best wishes for continued success in traffic safety during 1974. Upon a motion by Councilman Bleecker, communication from the Kern County Council of Governments regarding the City of Bakers- field's cash "in king" share of the cost of the Open Space, Conser- vation and Seismic Elements, was received and ordered placed on file. Upon a motion by Councilman Medders, communication from Krevitz regarding the Downtown Business Improvement was referred to the Business Development and Parking Mr. Nathan M. District Tax, Committee. Council Statements. Mayor Hart presented a Certificate of Appreciation to Councilman Keith Bleecker for five years of service to the City of Bakersfield. Bakersfield, Cal~ornia, May 20, 1974 - Page 2 Councilman Heisey reported on a recent meeting between the City Water Committee and key employees of the Kern Island Water Company, who will become City employees at the conclusion of the water negotiations. Councilman Heisey stated that a meeting was held with the Kern County Board of Supervisors regarding the City's acquisition of the Kern River water rights. Councilman Heisey stated that he had received notification from the State Water Quality Control Board that the City has been granted $20,000.00 for a Waste Water Study Plan and should receive official notice soon. Mrs. Raymond Pascoe, daughter of Mrs. Sara O'Hare, requested that the Council postpone the continued hearing on Public Improvement District No. 889 for two more weeks. Upon a motion by Councilman Heisey, continued hearing on Public Improvement District No. 889 was removed from the Agenda and continued until the Council Meeting of June 3, 1974. Councilman Thomas read a statement regardling Bicycle Paths, as follows: Today I spent some time with Supervisor John Mitchell discussing bike paths in and around Bakersfield. Tomorrow Supervisor Mitchell plans to make a motion before the Board of Supervisors to establish bike paths and lanes, a long needed facility for our community. Councilman Medders recently asked for a report from the Business Development and Parking Com- mittee on possible locations for safe bicycle paths, so it is obvious, to me, that we as a Council have expressed an interest in bicycle paths. I have long been a proponent of such paths and would urge that this Council support Supervisor Mitchell. I feel now is the time to voice our confidence in such a project and urge Supervisor Mitchell and the Board to proceed in a positive manner. Councilman Medders read a report from the Public Works Bicycle Routes, as follows: Department regarding Designated Bakersfield, California, May 20, 1974 - Page 3 311 Several months ago this department met with the Traffic Division and representatives of local bicycle groups and developed a possible bicycle route between Bakersfield College and California State College. Prior to completing our studies, interest was shifted to an alternate route along the south side of the Kern River. A detailed plan was developed by the Kern County Public Works Department. This plan has the support of numerous citizen groups. However, right of way problems developed and this alternale was temporarily set aside. On May 21, 1974 the County Public Works Depart- ment will present to the Board of Supervisors updated costs and alternate routes that may eliminate the right of way problems. The County Public Works Department will also be making a report on the possible designation of Stockdale Highway between Oak Street and the State College as a bicycle route. A portion of this street is within the City and the City Council's approval would be required. In addition to these proposals the Kern County Planning Department is making a detailed study of possible bikeways in the Bakersfield Metropolitan Area. This study will include History, Types of Bikeways, Goals and Policies, Design Characteristics, Standards, Bikepaths, Bikelanes, Bikeroutes, Signing, Funding and Suggested Routes. The report is basically complete and a draft copy will be submitted for our review within the next few weeks. To eliminate duplication of effort, I suggest that any major action on bikeroutes be deferred until the draft Kern County Bikeway Plan has been reviewed. Councilman Thomas moved that the Council support Super- visor Mitchell in his request to the Board of Supervisors to establish bicycle paths and lanes in the unincorporated area of Metropolitan Bakersfield, with the understanding that theCity cannot immediately take the same action due to difficulties in obtaining rights of way and the cost factor. This motion was unanimously approved. Mayor Hart welcomed Boy Scout Troop No. 189 to the Council Meeting. 312 Bakersfield, California, May 20, 1974 - Page 4 Consent Ayes: Noes: Absent: Stationers rejected. Consent Calendar. The following item was listed on the Consent Calendar: (a) Allowance of Claims Nos. 3444 to 3566, inclusive, in amount of $181,352.22. Upon a motion by Councilman Strong, Item Calendar, was adopted by the following roll Councilmen Strong, Thomas, Bleecker, None Councilman Rogers Action on Bids. Upon a motion by Councilman Medders, for Officer Paper, was accepted and New Business. Approval of Sale of Surplus of Real Property at the Northeast corner of 4fh and Eye Streets. (a) of the call vote: Heisey, Medders bid of Start-Rite the other bids were Upon a motion by Councilman Medders, sale of surplus real property at the Northeast corner of 4th and Eye Streets to Mr. & Mrs. W. W. Barnes for $400.00, was approved and the Mayor was authorized to execute the Quitclaim Deed indicating that the City retain access rights. Adoption of Resolution of Intention No. 897 of the Council of the City of Bakersfield, declaring its intention to order the abandonment of the dedi- cation of Vehicular Access Rights from Lots 1, 2, 3 & 5 of Tract No. 2523, City of Bakersfield. Upon a motion by Councilman Medders, Resolution of Intention No. 897 of the CounCil of the City of Bakersfield, declaring its intention to order the abandonment of the dedication of Vehicular Access Rights from Lots 1, 2, 3 & 5 of Tract No. 2523, City of Bakersfield and setting date of June 10, 1974 for hearing on the matter before the Council, was adopted by the following roll call vote: Ayes: Councilmen Strong, Noes: None Thomas, Bleecker, Heisey, Medders Absent: Councilman Rogers Bakersfield, California, May 20, 1974 - Page 5 313 Approval of Agreement between the City and Willard James Martin for operation of a Concession Stand at Beale Park for approximately three months, beginning May 21 and ending September 4, 1974. Upon a motion by Councilman Medders, Agreement between the City and Willard James Martin for operation of a Concession Stand at Beale Park for approximately three months, beginning May 21 and ending September 4, 1974, was approved and the Mayor was authorized to execute same. Approval of Agreement between the City and Willard James Martin for operation of a Concession Stand at Jastro Park for approximately three months, beginning May 21 and ending September 4, 1974. Upon a motion by Councilman Bleecker, Agreement between the City and Willard James Martin for operation of a Concession Stand at Jastro Park for approximately three months, beginning May 21 and ending September 4, 1974, was approved and':the Mayor was authorized to execute same. Approval of Agreement between the City and Willard James Martin for operation of a City-Owned Concession Stand at Planz Park for approximately three months, beginning May 21 and ending September 4, 1974. Upon a motion by Councilman Thomas, Agreement between the City and Willard James Martin for operation of a City-Owned Concession Stand at Planz Park for approximately three months, beginning May 21 and ending September 4, 1974, was approved and the Mayor was authorized to execute same. Approval of Request from Texaco, Inc. for permission to enter upon tile City of Bak~sfield's Municipal Farm to conduct geophysical work under certain conditions. Upon a motion by Councilman Strong, request from Texaco, Inc. for permission to enter upon the City of Bakersfield's Municipal Farm to conduct geophysical work under certain conditions, was approved and the Mayor was authorized to execute the request form. 314 Bakersfield, California, May 20, 1974 - Page 6 Hearings. This is the time set for continued public hearing before the Council for hearing protests by persons owning real property within territory designated as "Panorama No. l" proposed to be annexed to the City of Bakersfield. This public hearing was continued from the Council Meetings of March 25, 1974 and April 29, 1974. A written protest was received from Chanslor-Western Oil and Development Company. Mayor Hart declared the hearing open for public partici- pation. Mr. Robert Schmoll, 29 Miner Street, requested the Council to approve the annexation of Panorama No. 1 as he would like to proceed with the construction of his new home in the area that is proposed to be zoned R-1 (One Family Dwelling). No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Heisey, Resolution No. 37-74 of the Council of the City of Bakersfield declaring that a majority protest has not been made to the annexation of territory designated as "Panorama No. l" proposed to be annexed to the City of Bakers- field, was adopted by the following roll call vote: Ayes: Councilmen Strong, Thomas, Bleecker, Heisey, Medders Noes: None Absent: Councilman Rogers Upon a motion by Councilman Heisey, Ordinance No. 2191 New Series approving annexation of a parcel of uninhabited terri- tory to the City of Bakersfield, California, designated as "Panorama No. 1," and providing for the taxation of said territory to pay the Bakersfield, California, May 20, 1974 - Page 7 bonded indebtedness of said City, was adopted by the following roll call vote: Ayes: Councilmen Strong, Thomas, Bleecker, Heisey, Medders Noes: None Absent: Councilman Rogers This is the time set for confinued public hearing before the Council for hearing objections to include within the Greater Bakersfield Separation of Grade District certain territory desig- nated as "Panorama No. 1." This public hearing was continued from the Council Meetings of March 25, 1974 and April 29, 1974. 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 Heisey, Resolution No. 38-74 annexxng to the Greater Bakersfield Separation of Grade District that porti)n of certain territory designated as "Panorama No. 1" not already included within said District, was adopted by the following roll call vote: Ayes: Councilmen Strong, Thomas, Bleecker, Heisey, Medders Noes: None Absent: Councilman Rogers This is the time set for public hearing before the Council of the City of Bakersfield to Zone Upon Annexation to an R-1 (One Family Dwelling), or more restrictive, Zone, that certain property in the County of Kern located easterly of Columbus Street between the City Landfill on the north and the easterly extension of University Avenue, and known as a portion of Panorama No. 1 Annexation. This hearing has been duly advertised, the prol~posted and property owners notified as required by law. 316 Bakersfield, California, May 20, 1974 - Page 8 The two properties proposed for R-1 zoning (61.30 acres) are located east of Camden Street and north of University Avenue and north of proposed Panorama Drive extension. The proposed R-1 zoning is consistent with the Land Use Element of the General Plan and a natural expansion of an existing residential neighborhood. An environmental impact evaluation was made and a negative declaration was filed iwth the County Clerk and posted in City Hall on January 22, 1974. The Planning Commission found the proposed amendment to the Zoning Ordinance consistent with the General Plan and recom- mended approval. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberationa a~d action. Upon a motion by Councilman Heisey, Ordinance No. 2192 New Series amending Section 17.12.020 of Chapter 17.12 of the Municipal Code and finding that such amendment is consistent with the General Plan, was adopted by the loSlowing roll call vote: Ayes: Councilmen Strong, Thomas, Bleecker, Heisey, Medders Noes: None Absent: Councilman Rogers This is the time set for public hearing before the Council of the City of Bakersfield to Zone Upon Annexation to a P.U.D. (Planned Unit Development), or more restrictive, Zone, that certain prol~erty in the County of Kern located easterlyof Columbus Street between the City Landfill on the north and the easterly extension of University Avenue, and known as a portion of Panorama No. 1 Annexation; and also this is the time set for public hearing on application of Betdell L. Dickinson to amend the zoning boundaries from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Development), or more restrictive, Zone, that certain property in Bakersfield, California, May 20, 1974 - Page 9 317 the City of Bakersfield located on the southeast corner of Columbus Street and Panorama Drive. This hearing has been duly advertised, the proper~posted and property owners notified as required by law. The proposed Planned Unit Development covers an area of approximately 16.91 acres and includes property presently within the City and property being annexed as a portion of Panorama No. 1 Annexation. The project site is located east of Columbus Street and south of Panorama Drive. Both streets are major highways on the City's Street and Highway Plan. Due to the physical develop- ment barrier of the Kern River Bluffs, present traffic volumes on both major streets are minimal and will remain so in the future. The proposed P.U.D., depicts 36 one-bedroom units, 196 two-bedroom units and 28 three-bedroom units for a total of 260 units. The overall density for the entire project area (16.91 acres) equals one unit per 2,832 square feet, or that permitted in the R-2 residential zone. The plan also proposes two recreational buildings, three swimming pools, two tennis courts, volley ball and handball courts and children play area, also parking for 664 cars. This project would be separated from adjacent existing and proposed single family development to the south by a continuous six-foot high masonry wall. Buildings loca ted adjacent to the R~l properties to the south are single story and set back 20 feet from the south boundary line. Several property owners within this immediate area submitted a petition and appeared before the Planning Commission meeting in opposition to the proposed Planned Unit Development. The Planning Commission required substantial changes in the P.U.D. plan to insure a compatible development with adjacent and proposed single family development. 318 Bakersfield, California, May 20, 1974 - Page 10 An environmental assessment was made and a negative declaration was filed and posted in City Hall on April 2, 1974. The Planning Commission found the proposed P.U.D. plan and zone change consistent with the General Plan and recommended approval, as amended. Upon a motion by Councilman Bleecker, the public hearing was continued for two weeks, by the following roll call vote: Ayes: Councilmen Strong, Thomas, Bleecker, Heisey, Medders Noes: None Absent: Councilman Rogers Adjournment. There being no further business to come before the upon a motion by Councilman Bleecker, the meeting was 8:45 P. M. Council, adjourned at MAY~Bakersfield, Calif. ATTEST: ACTI~CJCITY CLERK a~d Ex-Officio Clerk of the Coul~cil of the Ciy of Bakersfield, California ma Bakersfield, California, June 3, 1974 319 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., June 3, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend A. Henry Robertson of the Saint Paul Christian Methodist Episcopal Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Thomas, Rogers, Absent: None Minutes Bleecker, Strong Heisey, Medders, of the regular meeting of May 20, 1974 were approved as presented. Scheduled Public Statements. Mr. John Eastridge, President of the Bakersfield and Kern County Builders' Exchange, read a communication from that organization supporting the purchase by the City of Bakersfield of all water interests from Tenneco West, Inc. in settlement of litigation. The Council thanked the Bakersfield and Kern County Builders' Exchange for their support. Upon a motion by Council- man Heisey, the communication was received and ordered placed on file and copies to be forwarded to the Kern County Water Agency and Board of Supervisors. Correspondence. Communication from Gerald Stricker, owner of Rose Yardage Shop, 2010 Chester Avenue, commending the Fire and Police Depart- ments for their actions in regards to a fire at that place of business on May 21, 1974. Upon a motion by Councilman Heisey, communication from Maurice J. McDonald, 3700 Century Drive, requesting that a special tax be levied on bicycles to meet the cost and upkeep of the proposed bicycle paths, was received and referred to the Traffic Authority. 320 Bakersfield, California, June 3, 1974 - Page 2 Communication from the League of California Cities requesting the support of Assembly Bill 3924 authorizing City Councils and Boards of Supervisors to levy a 5% Tippier's Tax, which will be heard by the Assembly Committee on Revenue and Taxation on June 10, 1974. Upon a motion by Councilman Thomas, the Mayor was instructed to prepare necessary communiation to Assemblyman Raymond Gonzales, who is a member of Revenue and Taxation, expressing the by the following roll call vote: Ayes: Councilmen Thomas, Bleecker, Noes: Councilman Heisey Absent: None hearing the Assembly Committee on Council's opposition to AB3924, Medders, Rogers, Strong Council Statements. City Manager Bergen stated that in regards to the continued on application of Berdell L. Dickinson for a zone change from R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Development) Zone and zoning upon annexation of a portion of Panorama No. 1 Annexation to a P.U.D., the developer has requested that the P.U.D. be withdrawn and the zoning upon annexation be zoned Reports. Councilman Medders, Chairman of the Budget Review and Finance Committee, read a report regardin g Location of New Police Facility, as follows: Several months ago this Committee informed the Council of a problem regarding the location of the new police building. As we pointed out at that time the owner of some of the property located on the proposed site was unwilling to negotiate a settlement out of court, which has made it necessary for the City to proceed with condemnation action. This procedure could delay construction for approximately a year and one half. Bakersfield, California, June 3, 1974 - Page 3 321 With building costs increasing substantially from day ~day, if is this Connniftee's opinion that the City should move ahead with this project as soon as possible. The architect and the Chief of Police have informed us that strategically the building could be faced on Eye Street without any problems. We are, therefore, recommending that the Council approve this concept and instruct the staff to proceed with the project immediately. Councilman Medders moved that the report of the Budget Review and Finance Committee, regarding location of the New Police Facility, be accepted and referred to the Planning Commission for review and recommendation. City Attorney Hoagland explained the steps that have been taken in regards to the condemnation proceedings for the acquisition of property located on the southeast corner of Truxtun Avenue and "H" Street. Mr. Robert Stuhr, Architect for the new Police Facility, stated that the only added expense in facing this facility on Eye Street rather than Truxtun Avenue would be in redesign of the site plan, utilities and vehicle maintenance facility and this cost would be approximately $3,000.00 to $4,000.00. After discussion, Councilman Medders' motion that the report regarding location of the new Police Facility, be accepted and referred to the Planning Commission for review and recommendation, was approved. Councilman Strong voted in the negative on this motion. Councilman Strong stated he wanted the record to show that Dr. Sheldon, owner of the property located on the southeast corner of Truxtun Avenue and "H" Street, has a legitimate right to ask for and be compensated for out-of-pocket cost and relocation expenses. It is a request that anyone in business would make, and I am not sure, at this time, that this request has been given due consideration. Bakersfield, California, June 3, 1974 - Page 4 recognize ethics amongst attorneys preclude with the client of the attorney. made, both reputable, and a third City Attorney Hoagland stated that the Council should that once a property owner hires an attorney, canons of them from negotiating directly The City has had two appraisals is now in progress. The response from Dr. Sheldon was of his own doing, without benefit of appraisal. Dr. Sheldon was talking about things that were not compensable in a court of law. There isn't anything further that the City can do except give in to their demands and I am unwilling to recommend that, as our appraisals do not show that it is warranted. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3567 to 3679, inclusive, in amount of $189,900.19. (b) Claim for personal injuries from Birute Maria Prakapas, 14 Thelma Drive. (Refer to City Attorney) (c) Map of Tract No. 3680 and Contract and Specifications for improvements therein - located south of Wilson Road and easterly of New Stine Road. 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 Thomas, Noes: None Absent: None lack of forms. Forms other contract. Bleecker, Heisey, Medders, Rogers, Strong Action on Bids. Councilman Bleecker questioned the staff regarding the response to the requests to bid on printing of special Upon a motion by Councilman Thomas, bid of Moore Business for Annual Contract Printing Special Forms, was accepted, the bid rejected and the Mayor was authorized to execute the Councilman Bleecker voted in the negative on this motion. Bakersfield, California, June 3, 1974 - Page 5 Upon a motion by Councilman Medders, low bid of P. R. Field, Inc., forconstruction of curb and gutter along Oak Street between Palm Street and Brundage Lane, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Thomas, sale of surplus real property, Lot 17, Tract 35 (2619 Agate Street), to Mr. & Mrs. G. Mason for $3,675.00, was approved and the Mayor was authorized to execute the Quitclaim Deed. New Business. Approval of Contract with Panama School District for Community Recreation Program. Upon a motion by Councilman Medders, Contract with Panama School District for Community Recreation Program, was approved and the Mayor was authorized to execute same. Approval of Contract for Transportation between the City of Bakersfield and the Bakersfield City School District. Upon a motion by Councilman Thomas, Contract between the City of Bakersfield and the Bakersfield City School District for transporting boys and girls from various parks and playgrounds to Camp Okihi, was approved and the Mayor was authorized to execute same. Adoption of Resolution No. 39-74 of the Council of the City of Bakers- field requesting extension of time within which to adopt a Seismic Safety Element, a Noise Element, a Scenic Highway, Element and a Safety Element of the General Plan. After discussion, upon a motion by Councilman Medders, Resolution No. 39-74 of the Council of the City of Bakersfield requesting extension of time within which to adopt a Seismic Safety Element, a Noise Element, a Scenic Highway Element and a Safety Element of the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Thomas, Bleecker, Heisey, Medders, Rogers, Strong Noes: None Absent: None 324 Bakersfield, California, June 3, 1974 - Page 6 Ayes: Noes: Absent: Adoption of Resolution No. 40-74 of the Council of the City of Bakersfield amending Resolution No. 13-74, pro- viding for the filing of Notices of Exemption. New Environmental Cuidelines permit the City or the applicant to file a Notice of Exemption when the project is ministerial, categorically exempt or an emergency project. This resolution implements the State Guidelines. If a Notice of Exemption is not filed, a 180-day statute of limitations applies to such projects. If such Notice of Exemption is filed, the project will be covered by a 35-day statute of limitations. After discussion, upon a motion by Councilman Thomas, Resolution No. 40-74 of the Council of the City of Bakers~eld amending Resolution No. 13-74, providing for the filing of Notices of Exemption, was adopted by the following roll call vote: Councilmen Thomas, Bleecker, Heisey, Medders, Rogers, Strong None None Mayor Hart left the meeting at this time. Hearings. set for continued public hearing before Bakersfield to zone upon annexation to This is the time the Council of the City of a P.U.D. (Planned Unit Development), or more restrictive, Zone, that certain property in the County of Kern located easterly of Columbus Street between the City Landfill on the north and the easterly extension of University Avenue, and known as a portion of Panorama No. 1 Annexation; and also this is the time set for continued public hearing on application of Berdell L. Dickinson to amend the zoning boundaries from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Development), or more restrictive, Zone, that certain property in the City of Bakersfield located on the southeast corner of Columbus Street and Panorama Drive. Bakersfield, California, June 3, 1974 - Page 7 recommends the annexation and withdrawn. This hearing has been duly advertised, the property posted and the property owners notified as required by law. Betdell L. Dickinson has made the following written request to the Council: (1) That the area requested for P.U.D. zoning within the Panorama No. 1 Annexation be zoned R-l, upon annexation. (2) That the application for rezoning of the area on the southeast corner of Columbus Street and Panorama Drive from R-1 to P.U.D., be withdrawn. An environmental assessment was made and a negative declaration was filed and posted in City Hall on April 2, 1974. Pursuant to Mr. Dickinson's request the Planning Director area proposed for P.U.D. zoning be zoned R-1 upon the application for rezoning from R-1 to P.U.D. be Vice-Mayor Heisey declared the hearing open for public participation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Rogers, Ordinance No. 2193 New Series amending Section 17.12.020 of Chapter 17.12 of the Municipal Code and finding that such amendment is consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Thomas, Bleecker, Heisey, Medders, Rogers, Strong Noes: None Absent: None Upon a motion by Councilman Rogers, request for withdrawal ~f application by Berdell L. Dickinson for rezoning from R-1 to P.U.D., Zone, without prejudice, was approved. This is the time for continued hearing before the Council[ for hearing of protests, objections or appeals in respect to the diagram, assessment and work done in Public Improvement District 326 Bakersfield, California, June 3, 1974 - Page 8 No. 889~ (construction of curb and gutters, sidewalks, driveway approaches and necessary drainage facilities along Cherry Street and Dracena Street between Pine Street and Beech Street; and along a portion of Beech Street, Myrtle Street and Pine Street between Palm Street and Chester Lane) pursuant to Resolution of Intention No. 889 and the Improvement Act of 1911. The public portion of this hearing was closed at the Council Meeting of May 13, 1974. Mrs. Pasco submitted a letter to the Council regarding a ~eport on the O'Hare property. A brief recess was declared at this time. Upon a motion by Councilman Strong, the public portion of the hearing on Public Improvement District No. 889 was reopened by the following roll call vote: Ayes: Councilmen Thomas, Bleecker, Heisey, Medders, Rogers, Strong Noes: None Absent: None Mrs. Raymond Pascoe, representing her mother, Mrs. Sara O'Hare, stated that this hearing, in regards to Public Improvement District No. 889, was continued for the purpose of resolving the right of way problems with the O'Hare property, and this has not been done. Mrs. Pascoe requested that the Council postpone action on the assessment list until such time as the City staff can resolve this problem. The Council and Mrs. Pascoe engaged in a lengthy discussion trying to clarify some of the points brought out in Mrs. Pascoe's statement. Mrs. Peggy Long, 313 Pilot Street, representing Mrs. Sara O'Hare, stated that the property the City is trying to take away from the O'Hare's is over 6,300 square feet and it is hoped that the Council will be fair in their settlement. Bakersfield, California, June 3, 1974 - Page 9 327 Mr. Jim Alfter, contractor for Public Improvement District No. 889, stated that he cannot receive payment on the work performed until the Council approves the assessment list and the O'Hare pro- blem has nothing to do with the assessments. The Public Works Department contacted Mr. Alfter requesting that a list of the total cost of the District would be required, and Mr. Alffer complied with this request. After discussion, upon a motion by Councilman Thomas, the public portion of the hearing was closed for Council deliberation and action. After discussion, upon a motion by Councilman Thomas, Resolution No. 41-74 of the Council of the City of Bakersfield, California, providing for contribution of part of the cost of ex- penses of certain work completed in Public Improvement District No. 889, was adopted by the following roll call vote: Ayes: Councilmen Thomas, Bleecker, Heisey, Medders, Rogers, Strong Noes: None Absent: None Upon a motion by Councilman Thomas, Resolution No. 42-74 of the Council of the City of Bak~ sfi~d, California, making deter- minations and confirming assessment of the cost of doing the work ordered pursuant to Resolution of Intention No. 889, was adopted by the following roll call votes: Ayes: Councilmen Thomas, Heisey, Medders, Rogers Noes: Councilmen Bleecker, Strong Absent: None Councilman Thomas moved that the right of way problem with the O'Hare property be referred to the Budget Review and Finance Coraraittee for recommendation and report back to the Council. Councilman Bleecker offered a substitute motion that the right of way problem with the O'Hare property be referred to the 3o 8 Bakersfield, California, June 3, 1974 - Page 10 Governmental Efficiency and Personnel Committee for recommendation and report back to the Council. The substitute motion was unan- imously approved. This is the time set for public hearing on application by Tenneco Realty Development Corporation to amend the zoning boundaries from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Development), or more restrictive, Zone, that certain, property in the City of Bakefield located on the west side of New Stine Road between Demaret Avenue on the north side and Sarazen Avenue on the south side. This hearing has been duly advertised, the property posted and property owners notified as required by law. The proposed P.U.D. plan consists of 25 single family condominium units on 3.5 acres, or 6.098 square feet per unit. The large open spaces provided by the Kern City Golf Course, and the low density of the proposed development, assures that the project will be compatible with the area and with the Land Use Element of the General Plan. An environment assessment was made and a negative declara- tion filed in City Hall on April 19, 1974. The Planning Commission found the proposed P.U.D. con- sistent with the requirements of Chapter 17.51 of the Zoning Ordinance and consistent with the General Plan and recommended approval. Vice-Mayor Heisey declared the hearing open for public participation. No protests or objections were received. Mr. Chuck Tolfree was present as a representative of Tenneco Realty Develop- ment Corporation, the applicant for theproposed zone change. The public portion of the hearing was closed for Council deliber~ ation and action. Upon a motion by Councilman Thomas, Ordinance No. 2194 New Series amending Section 17.12.020 of Title 17 of the Municipal Bakersfield, California, June 3, 1974 - Page 11 329 Demaret Avenue on the side and find: (a) Code changing the Land Use Zoning of that certain land in the City of Bakersfield located on the west side of New Stine Road between aorth side and Sarazen Avenue on the south That the applicant intends to start construction within two and one-half (2½) years from effective date of the zone change; (b) That the proposed P.U.D. substantially conforms to the General Plan; (c) That, in case of residential development that such development will constitute a residential environment of sustained desirability and stability, and that it will be in harmony with the character of the surrounding neighborhood and community; (d) That the development of a harmonious, integrated plan justifies exceptions from the normal application of this code; was adopted by the following roll call vote: Ayes: Councilmen Thomas, Bleecker, Heisey, Medders, Rogers, Strong Noes: None Absent: None This is the time set for public hearing on application by Donald M. Moody to amend the zoning boundaries from an (Agricultural) Zone to an R-1-CH (One Family Dwelling - Church), or more restrictive, Zone, that certain property in the City of Bakersfield commonly known as 3700 Stine Road. This hearing has been duly advertised, the property posted and property owners notified as required by law. This property contains 2.95 acres and is located on the east side of Stine Road, a major highway on the City's Street and Highway Plan, approximately 300 feet north of White Lane. The surrounding properties are zoned for agricultural and residential uses. The proposed use of subject property for a church would be consistent with the Land Use Element of the General Plan and would be compatible with the existing and proposed 330 Bakersfield, California, June 3, 1974 - Page 12 development of adjacent residenttally zoned properties. An environmental impact evaluation was made and a negative declaration was posted in City Hall on May 3, 1974. The Planning Commission found the zone change consistent with the General Plan and recommended approval. Vice-Mayor Heisey declared the hearing open for public participation. No protests or objections were received. Mrs. Donald M. Moody, the applicant, was present in the audience. The public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Thomas, Ordinance No. 2195 New Series amending Title Seventeen of the Municipal Code by changing the Land Use Zoning of that certain property in theCity of Bakers- field commonly known as 3700 Stine Road and finding that such amendment is consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Thomas, Bleecker, Heisey, Medders, Rogers, Strong Noes: None Absent: None Upon a motion by Councilman Bleecker, reports of Arthur D. Little, Inc., entitled Classification & Compensation Study, Volume I and Departmental Organization & Administration, Volume II, were received and ordered placed on file. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Thomas, the meeting was adjourned at 10:35 P.M. ATTEST: CITY C~ERK and ~-Of~icio Clerk of the Council of th~ City of Bake~field, California ma Bakersfield, California, June 10, 1974 331 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., June 10, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Donald A. Rogers. Present: Absent: approved negative minutes. to attend The City Clerk called the roll as follows: Mayor Hart Councilmen Bleecker, Heisey (seated at 8:45 P.M.), Medders, Rogers, Strong, Thomas None Minutes of the regular meeting of June 3, 1974 were as corrected. Councilman Bleecker stated that Council explanations votes on motions should be briefly summarized in the for Council Statements. Councilmen Thomas and Rogers apologized for being unable the Dedication Ceremonies for the California Avenue Park Neighborhood Facility held this afternoon. Reports. Councilman Rogers, member of the Legislative Committee read Legislative Report No. 8, as follows: SB 1816 (Ayala, Stiern, Stull). This bill would provide an appeal procedure from the decisions of LAFCO to the Board of Supervisors. This bill would emasculate the Commission and render its effectiveness a nullity. Every annexation could be appealed to the Board of Supervisors, even by the County itself. If the two members representing t~ Board of Supervisors voted against a proposition while sitting as members of LAFCO, it seems apparent that they would vote against the proposition as members of the Board of Supervisors. Thus~ it would take only one additional member of the Board to kill an annexation. The bill is ill-conceived, unfair to the cities, and is likely to cause a great deal of ill feeling in the county. 332 Bakersfield, California, June 10, 1974 - Page 2 It should be vigorously opposed, and that is the recommendation of the Legislative Committee. Letters of protest should be sent to the Senators involved, as well as to members of the Senate Local Government Committee. Councilman Rogers moved that the Mayor be requested to prepare necessary communications To Senators Ayala, Stiern and Stull, members of the Senate Local Government Committee and members of the Kern County Local Agency Formation Commission, expressing the Council's opposition to SB 1816. Councilman Bleecker stated t~t there is another item of pending legislation, SB 2177, which would prohibit the full Council from meeting with the Governmental Efficiency and Personnel Committee in Executive Session and due to the lack of time action should be taken immediately. Councilman Bleecker summarized SB 2177, as follows: Brown Act. Executive Sessions Limited. SB 2177 (Moscone) would amend the Brown Act, public meeting law, to eliminate the right of a governing body to hold executive sessions with its desig- nated representative in order to discuss the authority of the designated representative in pending labor negotiations. It would further limit the existing authority of the governing body in connection with appointment or dis- missal executive sessions to those considering the appointment or employment (not dismissal) of a person who at the time of the meeting is neither performing services for nor employed by the city. SB 2177 will be heard by the Senate Committee on Government Organization on June 13 and immediate opposition is requested. Councilman Bleecker moved that the Mayor be requested to prepare necessary communications to members of the Senate Committee on Governmental Organization, expressing the Council's opposition to SB 2177. Councilman Rogers' motion that the Mayor be requested to prepare necessary communications to Senators Ayala, Stiern and Stull, members of the Senate Local Government Committee and members of the Kern County Local Agency Formation Commission, expresing the Council's opposition to SB 1816, was unanimously approved. Bakersfield, California, June 10, 1974 - Page 3 333 Councilman Bleecker's moti~ that the Mayor be requested to prepare necessary communications to members of the Senate Committee on Governmental Organization, expressing the Council's opposition to SB 2177, was unanimously approved. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3680 to 3742, inclusive, in amount of $92,987.12. (b) Notice of Completion and Acceptance of W~rk on resurfacing portions of South "K" Street, South Eye Street, Antonia Way and Dorian Dirve - Contract No. 73-96 with Griffith Company. (c) Notice of Completion and Acceptance of Work on resurfacing "N" Street between 15th Street and Truxtun Avenue; Beale Avenue between Monterey Street and Grace Street; Fremont Street between Bradley Street and Ming Avenue; Bucknell Street between University Avenue and Telegraph Avenue - Contract No. 73-107 with Griffith Company. (d) Adoption of Resolution No. 43-74 of the Council of the City of Bakersfield making finding concerning proposed Subdivision: Tentative Tract No. 3722, located westerly of Union Avenue, northerly of White Lane and easterly of Pontiac Street. (e) Adoption of Resolution No. 44-74 of the Council of the City of Bakersfield making finding concerning proposed Subdivision Tentative Tract No. 3724, located easterly of Actis Raod and southerly of Hahn Avenue. (f) Adoption of Resolution No. 45-74 of the Council of the City of Bakersfield making finding concerning proposed Subdivision: Tentative Tract No. 3728, located west of Wilson Road extension and west of New Stine Road. Upon a motion by Councilman Strong, Items (a), (b), (c), (d), (e) and (f) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Bleecker, Medders, Rogers, Strong, Thomas Noes: None Absent: Councilman Heisey 334 Bakersfield, California, June 10, 1974 - Page 4 Action on Bids. Upon a motion by Councilman Thomas, low bid of Kern Sprinkler Company, Inc. for construction of Automatic Sprinkler Syster at Grissom Park, was accepted, the other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rogers, low bid of Frank Terry Construction Company for consfruction of Utility Building and Tower Footings for Radio Communication Facility at City Sanitary Landfill, was accepted, the other bids rejected and the Mayor was authorized to execute the contract. Old Business. Councilman Bleecker commented on the recent lack of response and bidders on various items that have been put out to bid and a comment he received from a local businessman who expressed his interest in bidding on the printing of special forms, but was not sent a request to bid by the City. Upon a motion by Councilman Bleecker, the Governmental Efficiency and Personnel Committee was instructed to investigate the City of Bakersfield's bidding process in regards to whom the requests to bid are sent and how they are handled. New Business. Adoption of Resolution No. 46-74 fixing the time of meetings of the Council of the City of Bakersfield during the months of June, July, August and September of 1974. Upon a motion by Councilman Bleecker, Resolution No. 46-74 fixing the time of meetings of the Coincil of the City of Bakers- field during the months of June, July, August was adopted by the following roll call vote: Ayes: Councilmen Bleecker, Medders, Rogers, Noes: None and September of 1974, Strong, Thomas Absent: Councilman Heisey Bakersfield, California, June 10, 1974 - Page 5 335 Approval of Agreement between the City and Bakersfield Swim Club for operation of Concession Stand at Jefferson Park for four days in Jyly. Upon a motion by Councilman Medders, Agreement between the City and Bakersfield Swim Club for operation of a Concession Stand at Jefferson Park for four days in July, was approved the Mayor was authorized to execute same. and Approval of Cooperative Agreement between the City of Bakersfield and the County of Kern. Upon a motion by Councilman Rogers, Cooperative Agreement between the City of Bakersfield and the County of Kern providing for a joint project to construct a storm drain system in northeast Bakersfield, was approved and the Mayor was authorized to execute same. Hearings. This is the time set for public hearing before the Council on R~solution of Intention No. 897 of the Council of the City of Bakersfield, declaring its intention to order the abandonment of the Dedication of Vehicular Access Rights from Lots 1, 2, 3 and 5 2523, City of Bakersfield. This hearing has been duly of Tract posted. Mayor Hart declared the hearing open for public partici- pation. No protests or objections were received. Mr. Gerald Ladd, representative of Tenneco Realty Development Corporation, the applicant, was present in the audience. The public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Thomas, Resolution No. 47-74 of the Council of the City of Bakersfield ordering the abandonment of the Dedication of Vehicular Access Rights from Lots l, 2, 3 and 5 of Tract 2523, City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Bleecker, Medders, Rogers, Strong, Thomas Noes: None Absent: Councilman Heisey 336 Bakersfield, California, June 10, 1974 - Page 6 This is the time set for public hearing before the Council on Phase I of the 1974 Weed Abatement Program. All lots have been posted and owners notified by certified mail. Mayor Hart declared the hearing open for public partici- patton. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Bleecker, Resolution No. 48-74 finding that certain Weeds growing on properties in the City of Bakersfield constitute a public nuisance and directing the Superin- fendent of Streets to destroy said Weeds, was adopted by the following roll call vote: Ayes: Councilmen Bleecker, Medders, Rogers, Strong, Thomas Noes: None Absent: Councilman Heisey A brief recess was declared at this time. Councilman Heisey, Chairman of the Water and City Growth Committee, read a report regarding a Proposed Water Supply During 1974 for Improvement District No. 4 from the City of Bakersfield, as follows: It is proposed that a water supply from Kern River would be made available from /he City of Bakersfield to Improvement District No. 4 from our Kern River sources during 1974. T~e City will make this water supply available for percolation into the underground w~ bin the Kern County Water Agency Improvement District No. 4. The water would be spread into the river channel and, if necessary, in any canals in Improvement District No. 4. All such water would be spread at times that there would not otherwise be water in the river or in the canals. The cost of this water would be $6.00 per acre foot which would include all costs associated with the delivery, measurement and operation to accomplish the objective of groundwater replenishment. Up to 60,000 acre feet of water would be made available, however, the actual amount delivered would be dependent upon the absorptive capacity of the river channel and canal systems. All operating costs associated with the delivery of the water to the under- ground would be covered in the aforementioned charge. The actual physical operation would be conducted by Kern County Canal and Water Company in behalf of the City of Bakersfield. This oFration could be initiated immediately and would be conducted for the remainder of the 1974 calendar year. Bakersfield, California, Ju'ne 10, 1974 - Page 7 33'7 During t~ year 1973, the Kern County Water Agency made arrangements to replenish the underground to the extent of 79.642 acre feet. Therefore, with the success of that program, together with the 7,500 acre feet of water that the Kern County Water Agency has made arrange- ments to place into Improvement District No. 4 during 1974, there should be a very positive effect upon the underground water supply within and adjacent to Improvement District No. 4. This program will be one more demonstration of the City's positive program for the benefit of the total community. The city water committee firmly believes that a positive program of action on a prompt basis as illustrated above is the type that will produce the overall greater benefit to the entire county. Programs such as this should be of substantial economic benefit to the City and surrounding areas as contrasted to spending large amounts of money in legal fights and in the court arena. Upon a motion by Councilman Heisey, report of the Water and City Growth Committee regarding a Proposed Water Supply During 1974 for Improvement District No. 4 from the Ci~ of Bakersfield, was approved and the City Manager was instructed to contact the Kern County Water Agency and negotiate the program as outlined in the report. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Medders, the meeting was adjourned at 8:55 P.M. ATTEST: CI K cio Clerk of the Council of/the 0it, of B? field, California ma 338 Bakersfield, California, June 17, 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., June 17, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Berent Knutsen of the Bethel Temple. The City Clerk called the roll Present: Mayor Hart. Councilmen Heisey, Absent: None Thomas, as follows: Medders, Rogers, Bleecker Strong, for the Council's and Mayor's personal by Councilman Thomas, communication from Department of Transportation, regarding a Cost Effectiveness Study, which was received and ordered placed on file at the Council meeting of May 13, 1974, was referred to the Planning Commission for study. Upon a motion by Councilman Heisey, communication from Bakersfield High School requesting the abandonment of an alley located between 13th Street and California, on the north and south sides, and "H" Street and "G" Street on the east and west sides, was received and referred to the City Planning Commission. letter will be retained files. Upon a motion the State of California, Minutes of the regular meeting of June 10, 1974 were approved as presented. Scheduled Public Statements. Mrs. Ann Monroe, 236 North Stine Road, addressed the Council regarding the Good Government Committee and the City's purchase of Kern River Water from Tenneco West, Inc. Correspondence. Mayor Hart asked the City Attorney about a letter regarding a personnel matter. City Attorney Hoagland stated personnel matters other than the two Council appointments (City Manager and City Attorney) should be dealt with through the chain of command and not on the Council floor. Mayor Hart stated the Bakersfield, California, June 17, 1974 - Page 2 339 Upon a motion by Councilman Medders, communication from Mrs. Juanira Harmon, 819 - 6th Street, requesting a swimming pool and tennis court for Lowell Park, was received and held over for consideration during budget sessions. Council Statements. Councilman Rogers presented the Mayor with a U.S. Flag that was given to the City at the opening ceremonies of the 54th Annual State Convention of the Veterans of Foreign Wars held at the Civic Auditorium on Sunday, June 16, 1974. Councilman Heisey stated that in bringing the City's water program to a conclusion the staff is forming a nonprofit corporation called the City of Bakersfield's Water Facilities Corporation and the Water Committee asked that he contact three responsible bankers in this area to serve as a Board for the pur- pose of receiving revenue and in turn disbursing it to the trustees of the bond holders. Upon a motion by Councilman Heisey, Mr. Rayburn S. Dezember, President of American National Bank, Mr. David Q. Vordermark, President of California Republic Bank, and Mr. M. James Sughrue, Manager of Kern County Mutual Savings and Loan Association, were appointed to serve on the Board of the City of Bakersfield's Water Facilities Corporation, a nonprofit organization. Councilman Heisey stated that there has been a rash of strong-arm robberies, especially of elderly persons, and requested the news media to alert the public to be more vigilant and take an active part in assisting the victims. Reports. Councilman Medders commended the American Federation of Musicians, Local 263, and the Bakersfield Recreation Department for the band concerts being held in Beale Park during the summer months and urged the public to attend. 340 Bakersfield, California, June 17, 1974 - Page 3 Councilman Medders read a report from the Public Works Department regarding Bicycle Paths, as follows: The Department of Public Works and the Traffic Division of the Police Department have met with the County Road Commissioner to determine the feasibility and cost of providing an improved bicycle access along Stockdale Highway from Real Road to the California State Bakersfield campus. A bicycle access can be provided by eliminating parking on both sides of the highway and con- structing a paved shoulder where necessary. We have contacted the developed property owners who might be affected and there appeared to be little opposition to the proposal to eliminate parking. The Board of Supervisors has authorized the Road Commissioner to implement the proposal in the County area as soon as the City reaches a decision. The following items should be considered prior to making a decision. Cost to the City is estimated at $5,200 - $1,000 for signs 4,200 for paving. Funds are available in the major street improvement fund for this work. Enter into an agreement with the County for the distribution of the paving costs. The County would administer the paving work since they have a contractor who will be working in the area. Upon a motion by Councilman Medders, report from the Public Works Department regarding Bicycle Paths was approved, authorizing the expenditure of $5,200.00 and enter into an agreement with the County of Kern for distribution of the paving costs. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3743 to 3805, inclusive, in amount of $79,136.23. (b) Claim for money damages from Robert McCubbin, 272 Taylor Drive, South San Francisco. (Refer to City Attorney) (c) Request from Manuel Ybarra, Sewer Main- tenanceman, for a 30-day medical leave without pay beginning June 13, 1974. Bakersfield, California, June 17, 1974 - Page 4 341 (d) Grant of easemenf for sewer line purposes from Elmer F. Karpe, Inc. - providing a 20 foot strip of land from McDonald Way easterly through tentative Tract No. 3710 and a 20 foot strip of land within tentative Tract No. 3673. (e) Sewer Easements from Jack Jost and Bonnie Jost - providing a 10 foot strip of land from Panorama Drive north to Tract No. 3679 and a 20 foot strip of land within Tract No. 3679. (f) Map of Tract No. 3679 and Contract and Specifications for improvements therein - located north of Panorama Drive and east of Wenatchee Street, being the northerly extension of Boise Street. (g) Plans and Specifications for construction of two Lighted Tennis Courts at Wayside Park. 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 Heisey, Medders, Rogers, Strong, Thomas, Bleecker Noes: None Absent: None Action on Bids. Councilman Medders moved to accept the low bid of Acme Rotary Broom Service for Annual Contract - Street Sweeper Brooms and Deflectors, reject the other bids and authorize the Mayor to execute the Contract. Councilman Bleecker questioned the staff regarding incomplete bids and accepting portions of bids to possibly save the City money. Councilman Medders' motion to accept the low bid of Acme Rotary Broom Service for Annual Contract - Streef Sweeper Brooms and Deflectors, reject the other bids and authorize the Mayor to execute the Contract, was approved. Councilman Bleecker voted in the negative on this motion. 342 Bakersfield, California, June 17, 1974 - Page 5 Councilman Rogers moved to accept the low bid of Desert Construction Company of Victorville for construction of Storm Drains in portions of Columbus Street, Mr. Vernon Avenue, Wenatchee Street and Akers Road, reject the other bid and authorize the Mayor to execute the contract and authorization be granted to transfer funds in the amount tingency Fund to Account No. the amount budgeted. of $9,300.00 from the Council's Con- 25-795-9400, as this project exceeds During discussion Councilman Bleecker stated he would like to remind the Council that if inflation keeps going at this rate they will have to limit projects in the Capital Improvement Budget as the City cannot go on spending over the estimates without raising taxes. Councilman Rogers' motion to accept the low bid of Desert Construction Company of Victorville for construction of Storm Drains in portions of Columbus Street, Mr. Vernon Avenue, Wenatchee Street and Akers Road, reject the other bid and authorize the Mayor to execute the contract and authorization be granted to transfer funds in the amount of $9,300.00 from the Council's Con- tingency Fund to Account No. 25-795-9400, was approved. New Business. First reading of an Ordinance of the Council of the City of Bakersfield adding Section 17.14.030 to Chapter 17.14 of the Municipal Code, providing for the R-S-2-½A Zone within the City of Bakersfield. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Section 17.14.030 to Chapter 17.14 of the Municipal Code, providing for the R-S-2-½A Zone within the City of Bakersfield. Uses and regulations of the proposed R-S-2-½A (Resi- dential Suburban Two and One-Half Acre Minimum Lot Size) Zone shall be the same as the R-1 and R-S Zones, with the exception that the minimum lot size shall not be less than two and one-half (2½) acres. Bakersfield, California, June 17, 1974 - Page 6 343 Approval of Agreement with Pacific Gas & Electric Co. for installation of electrical service for Oswell Street sewage diversion and flow measuring structure. Upon a motion by Councilman Thomas, Agreement with Pacific Gas & Electric Company for installation of electrical service for Oswell Street sewage diversion and flow measuring approved and the Mayor was authorized to execute structure, was same. Approval of Extension of Lease of Dog Pound to the County of Kern. Upon a motion by Councilman Medders, Extension of Lease of the Dog Pound to the County of Kern to June 30, 1975, was approved and the Mayor was authorized to execute same. Adoption of Resolution No. 49-74 of the Council of the City of Bakersfield suspending the operation of Contract to construct Irrigation Line. Ray Anderson, Continental Contractors, was notified on May 7, 1974, that he was required to comply fully with his contract to construct the irrigation line on the sewer farm, no later than June 5, 1974, and was advised that if he neglecte~ or refused to comply that the City Council may suspend the operation 6f the contract. Public Works advises that he has not complied, that the line still leaks. This resolution would suspend the operation of the contract in accordance with the terms of the contract; it would terminate the contractor's control of the contract and authorize Public Works to complete the work and would forfeit to the City all money retained under the terms of the contract; if such sum is insufficient, the excess would be charged to the contractor and surety; if such sum is too much, the contractor would be credited with the surplus. Upon a motion by Councilman Bleecker, Resolution No. 49-74 of the Council of the City of Bakersfield suspending the 344 Bakersfield, California, June 17, 1974 - Page 7 operation of Contract to construct by the following roll call vote: Ayes: Irrigation Line, was adopted Councilmen Heisey, Medders, Rogers, Strong, Thomas, Bleecker Noes: None Absent: None Recess until Tuesday, June 18, 1974 There being no further business to come before the Council at this time, upon a motion by Councilman Medders the regular Council meeting was recessed at 8:45 P. June 18, 1974, at 7:00 P.M. City of M. until Tuesday, Bakersfield, Calif. ATTEST: CIT~LERK and Ex-~Officxo Clerk of the Council of the City of B~ersfield, California ma Bakersfield, California, June 18, 1974 345 Minutes of the recessed meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at 7:00 P.M., June 18, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Heisey, Medders, Rogers, Strong, Thomas (seated at 7:05 P.M.), Bleecker Councilman Heisey, Chairman of the Water and City Growth Committee, read the following Resolution into the record: Resolution No. 50-74 A Resolution of the City Council of the City of Bakersfield reciting and spreading on the Minutes of the City, actions taken during the meetings of July 30, 1973 and December 17, 1973. WHEREAS, the City of Bakersfield brought an action against Kern County Land Company and other river interests, being action No. 111404 Superior Court, for a declaration of rights on the Kern River; and WHEREAS, said action was filed September 29, 1970; and WHEREAS, since the filing of the action, negotiations took place with officials of the City of Bakersfield and officials of Tenneco West, Inc., the successor to Kern County Land Company, for a possible settlement of a very complex lawsuit; and WHEREAS, in accordance with law, the Council met July 30, 1973, in executive session to discuss the litigation and a proposed settlement of a law- suit; and WHEREAS, at said meeting the City Council was apprised of all the facets of the litigation by the City staff, including the advantages and disadvantages of continuing litigation and the advantages and disadvantages of settlement of the lawsuit, by the City staff and consultants to the City on water matters; and WHEREAS, it appeared to the City Council to be advantageous to the City and its residents and taxpayers to affect a settlement of the lawsuit, the Council in executive session unanimously took the following actions: Approved a settlement of the lawsuit by acquisition of Tenneco West Inc. water rights for 17.9 million dollars. 346 Bakersfield, California, June 18, 1974 - Page 2 Authorized the staff and the City's Water and Growth Committee to work out the details of financing and payment. Authorized employment of special bond counsel and financial consultant to perfect the settlement; and WHEREAS, certain details of the settlement of the lawsuit were arrived at, as authorized, in a Memorandum of Understanding dated November 9, 1973, signed by Jack Fox, Vice President of Tenneco West Inc. and Kenneth W. Hoagland, City Attorney, the City Council met in executive session relative to the litigation on December 17, 1973; and WHEREAS, at said meeting a discussion was had as to the necessities'of bringing to a conclusion and finalization of the settlement, the City Council unanimously took the following actions: 1. Authorized preparation of an Environmental Impact Statement relative to the acquisition. Approved the transfer of Tenneco West water rights to the City as outlined in the Memo- randum of Understanding, dated November 9, 1973. Authorized the staff to proceed with the formal contract and financing plan with other actions necessary to the finalization of the formal plan; and WHEREAS, since that time the County Counsel of the County of Kern, either with authorization or without authorization, has, through the news media and the courts, attempted to invalidate the settlement of the lawsuit, resulting in the acquisition of Tenneco West Inc.'s water rights; and WHEREAS, the City Council, through its Water and Growth Committee, has repeatedly assured the County of Kern that its contracts for recreational water will be honored and extended and that additional recreational water for Lake Isabella and even the Buena Vista Aquatic Park, if it isn't abandoned, could be made available; and WHEREAS, it is the desire of the City Council to set the record straight in answer to the distortions of the County Counsel, respecting the City's acquisition of Tenneco West Inc.'s water rights. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield as follows: The above recitations are a true account of the meetings of July 30, 1973, and December 17, 1973. 347 Bakersfield, California, June 18, 1974 - Page 3 That this Resolution be publicized and disseminated in order to inform the public and the courts of the true state of the actions taken by the City Council as opposed to the irresponsible statements of others. Upon a motion by Councilman Heisey, Resolution No. 50-74 of the Council of the City of Bakersfield reciting and spreading on the Minutes of the City, actions taken during the meetings of July 30, 1973 and December 17, 1973, was adopted by the following roll call vote: Ayes: Councilmen Heisey, Medders, Rogers, Strong, Thomas, Bleecker Noes: None Absent: None Reception of Certificate of County Clerk of Results of Consolidated Primary Election for the Office of Councilman of the 7th Ward in the City of Bakersfield, California, held June 4, 1974. Upon a motion by Councilman Medders, Certificate of County Clerk of Results of all Votes cast at the Special Municipal Election for Councilman of the 7fh Ward held June 4, 1974, in the City of Bakersfield, was received and ordered placed on file. Total number of Registered Voters 4,676 Total number of Votes Cast 4,070 Total number of Votes Cast for James J. Barton 1,413 Total number of Votes Cast for Charles L. Reed 1,074 Newly Elected Council Member Sworn in by Deputy City Clerk. Deputy City Clerk Anderson administered the Oath of Office to newly elected Councilman of the 7th Ward, James J. Barton. Mayor Hart commented that in the process of being sworn in, it is appropriate for the new members of the Council to make statements to their constituency, if they so desire. 348 Bakersfield, California, June 18, 1974 - Page 4 Councilman James Barton stated as follows: I would like to publicly express my deep appreciation to the voters and citizens of the Seventh Ward for their support and con- fidence in giving me the opportunity to represent them on the City Council. I therefore accept this Council seat in their name and on their behalf. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Bleecker, the meeting was adjourned at 7:10 P.M. MAYORI ity of Bakersfield, Calif. ATTEST: CITY~ERK an~ Ex-O/~icio Clerk of the Council of the City of Ba~gsfield, California ma Bakersfield, California, June 18, 1974 349 Minutes of the Council of the City of Bakersfield, California, meeting in budget sessions at 7:10 P.M., June 18, 1974. The meeting was called to order by Mayor Hart. The City Clerk called the roll as follows: Mayor Hart. Councilmen Medders, Rogers, Present: Barton, Bleecker, Absent: None Strong, Thomas, Heisey Finance Director's Report on Revenues and Summary of Balances, Revenues and Budgets by Funds for 1974-75. Finance Director D. L. Haynes stated that the "General Tax Rate Category" is in fact the City's budget and totals $15,579,605.00, which represents an increase of 12.83% over the current year. The City has experienced a growth of 5.07% in value of annexations and new building during 1973, and a growth in population of approximately 2%. Higher costs and inflation account for the remainder of the increase, somewhere between 7-3/4% and 10%. As a reminder to the public who may not be familiar with the City's budget customs, the Council must at this time work with estimates only. The staff must estimate the amount of monies that will be left over at the end of this fiscal year, the amount of revenues expected during the coming year and expenditures for next year. The estimated assessed valuation will be approximately $205,000,000.00. The estimates printed in the "Preliminary Annual Budget for the City of Bakersfield, 1974-75," were made a month or more ago and will definitely change as the actual figures become available. For instance, the sales tax payment received from Sacramento late yesterday indicates that the City's carry-over balance and next year's sales tax revenues will be better than had been anticipated. The staff will know before the tax rate deadline in August exactly what monies were left over at June 30, 1974 and the actual assessed valuations will be known at that time. 350 Bakersfield, California, June 18, 1974 - Page 2 The other items will remain estimates, but there will be a better base for making those estimates in August. Mr. Haynes then went through the Budget Summary section of the Preliminary Annual Budget for Fiscal Year 1974-75 in detail. Carry-over balances were increased by $200,000.00 in the General Fund, and the estimated revenues of the General Fund for Fiscal Year 1974-75 were increased by another $200,000.00. City Manager Bergen stated that the Preliminary Budget does not reflect possible changes that may result from the Work Measurement Study that will be coming from Arthur D. Little, Inc. the latter part of this month. Some of their recommendations could be implemented prior to the August deadline. Councilman Bleecker stated that the Work Measurement Study could cause the budget to increase or decrease depending upon whether or not the Council accepts the Arthur D. Little recommendations. Councilman Medders, Chairman of the Budget Review and Finance Committee, read a report on the subject of Operating Budget For Fiscal Year 1974-75 and invited Council discussion and explana- tions from the staff, as follows: This committee has reviewed in detail the following: 1. Proposed 1974-75 Operating Budget 2. Adequacy of proposed 1974-75 restricted reserves 3. Proposed property tax rate for 1974-75 Operating Budget The operating budget consists of operating expenses, fixed asset purchases, and equipment replacement. Operating expenses consist basically of materials, supplies, utilities, etc. Fixed assets and equipment replacement consist of departmental capital outlay items, e.g., office equipment, automotive equipment, etc. The operating budget does not include salaries and supplemental wage benefits nor capital improve- ment projects. The Governmental Efficiency and Personnel Committee will make recommendations on all salary matters at a later date. The entire City Council will review the proposed Capital Improvement Program which has been evaluated and recommended by the Planning Commission. Bakersfield, California, June 18, 1974 - Page 3 The departmental operating budgets have again been prepared in a manner which reflects a truer cost of providing the particular program. This is accomplished by the inclusion in the budgets, where applicable, of the following accounts: (1) City Hall Maintenance Cost Allocation, Object No. 5300, (2) Administrative Cost Allocation, Object No. 5400, and (3) Rental Internal Organi- zations, Object No. 6200. Those programs which occupy office space within City Hall reflect a share of the cost of main- taining City Hall based on the square footage of space occupies by each. The administrative cost allocation entails an allocation of the cost of staff programs to the various line programs based on the percentage that the cost of each line program bears to the total cost of all line programs; the theory being that staff programs are designed to provide services to the line programs. The allocations are, of course, deducted from the budgets of the staff programs as "Costs Applied," Object No. 0001, so that the total city budget remains unchanged. These staff programs include the City Manager's Office, the City Attorney's Office, the Finance Department, and the City Clerk's Office. Examples of line programs would be police, fire, public works, etc. The Equipment Maintenance Division of the Public Works Department provides a central equipment pool for all departments except for Police and Fire. All departments using this equipment are charged a rental rate which reflects the total cost of maintenance and a replacement allowance. This rental charge is reflected in each using depart- ment's budget under the account entitled "Rental Internal Organizations," Object No. 6200. The total rental charges are taken as a reduction in the budget of the equipment maintenance program as'~osts Applied," Object No. 0001, so that the total city budget is not changed. For 1974-75, these rental rates have been increased by l0 per- cent to reflect the increased costs of fuel, equipment parts, etc. This committee is recommending approval of a departmental operating budget for the fiscal year 1974-75 of $3,770,745 or approximately 24.2 percent of the $15,579,605 general tax rate cate- gory budget. (See attached summary of proposed operating budget.) In view of its relative size and nature of the items comprising it, it was impossible to make significant reductions without adversely affecting the level of service presently provided. 352 Bakersfield, California, June 18, 1974 - Page 4 Many of the maintenance and operating account requests, such as utilities and payments to out- side refuse contractors, are difficult to reduce. During the next fiscal year, these alone will amount to approximately $876,000 or 23.2 percent of the entire operating budget. Many other increases in maintenance account requests are a result of the high rate of inflation which is beyond our control. This committee has looked closely at all departmen- tal capital outlay requests. By establishing priorities or deferring a few items, some budget requests were reduced. In addition, in certain areas we are recommending that requests for auto- mobiles, both for replacement or additional, be substituted with small compact pickup trucks for economy and utility. These pickups will be used by the City's building inspectors, and their current automobiles would be transferred to the departments requesting these new vehicles. In order to assist in reviewing the individual departmental operating budgets, the following sum- mary of programs lists (1) the departmental oper- ating budget amount this committee is recommending which includes departmental capital outlay, (2) the increase or decrease of our recommendation over the amount approved last year, and, finally, (3) pertinent comments about each of the various programs. 525 - CITY ATTORNEY - Operating Budget $138,729 Increase in Operating Budget $96,790 This increase results from budgeting $120,000 for the City's consulting water attorney, Ralph Helm, and transferring the$30,000 of consulting fees for the City's attorney for redevelopment to the budget of the newly created Community Development Agency. During this fiscal year, the City will expend approximately $70,000 for Mr. Helm. However, all consulting fees in connection with the acquisi- tion of water rights from Tenneco will be reimbursed to the City from future water sales. A small capital outlay item of $150 for an adding machine is included in this budget. 510 - CITY COUNCIL - Operating Budget $83,000 Increase in Operating Budget $22,850 A request of $36,000 for fees for the City's con- sulting water engineer, Tom Stetson, is included in this budget. This represents a $21,000 increase over last year. The City will expend approximately $35,000 during this year for Mr. Stetson. As previously described relating to Mr. Helm, these fees will be reimbursed to the City. Bakersfield, California, June 18, 1974 - Page 5 353 511 - COMMUNITY PROMOTION - Operating Budget $64,000 Less $35,000 Transferred to Civic Auditorium Budget No Change in Operating Budget other than above transfer The major portion of this budget is expended through two contracts with the Greater Bakersfield Chamber of Commerce. One in the amount of $35,000 is for the operation of the Convention Bureau. The other in the amount of $20,000 is designated for Industrial Promotion. The Committee recommends, however, that the Convention Bureau costs be shown as an expense of the Civic Auditorium. 516 - CITY CLERK - Operating Budget $36,262 Increase in Operating Budget $5,316 Of this request, $3,140 is attributable to a higher request for stationery and office supplies. This is caused by higher printing, paper, and postage costs. Reimbursable expense includes $1,200 for a car allowance for the recently approved position of Assistant City Manager in charge of the City Clerk's Office. This is being recommended in lieu of adding another automobile. Other outside services include an additional $600 for filing fees for annexations to the State Board of Equalization. There are no requests for capital outlay. 517 - CITY CLERK--ELECTIONS - Operating Budget $24,445 Increase in Operating Budget $21,445 During this fiscal year, the terms of three city councilmen will expire. Funds must be provided to hold nominating and run-off elections if they should occur. As no councilmanic terms expired during this fiscal year, no funds were budgeted for this purpose. An additional $2,000 is being provided for any special or annexation elections. 520 - CITY MANAGER - Operating Budget $50,469 Decrease in Operating Budget $8,672 The decrease primarily results from not budgeting for a management consultant as in the current year's budget. As a result of the City Council hiring the Arthur D. Little Company for an efficiency study, the funds budgeted in the current year were not expended for this purpose. This decrease was off- set by an increase in the internal equipment rental charges in order to provide an automobile for the recently created position of Deputy City Manager. This budget contains a request for additional filing cabinets with locks in the City Manager and Personnel Offices. 354 Bakersfield, California, June 18, 1974 - Page 6 705 - CIVIC AUDITORIUM - Operating Budget $188,789 Plus $35,000 Transferred from Community Promotion Budget Increase in Operating Budget $24~451 plus above transfer This increase is partially due to a higher request for repairs by outside firms. These funds are necessary to make needed repairs to the annex buildings for additional storage of equipment and provide the addi- tional funds to construct an overhang over the out- side cooking area. Funds budgeted this year were not adequate to construct this overhang. We should be aware that the Auditorium is now over twelve years old, and we can expect that a replacement program, as well as upgrading of facilities and equip- ment, is necessary to be competitive. Departmental capital outlay requests are $51,315 or $15,470 higher than last year. The increase is primarily due to the replacement of the original arena dimmers at a cost of $21,000. Other capital outlay items include arc spotlights, various stage lighting instruments, a 16mm projector, and amplifier replace- ments. Councilman Rogers stated that last Sunday, June 16, 1974 the Commander of the Veterans of Foreign Wars made the comment that the Civic Auditorium was the finest building that he had ever seen for that type of convention and they were extremely pleased with the facilities that were offered. 706 - CITY HALL MAINTENANCE - Operating Budget $41,300 Increase in Operating Budget $3,725 This budget reflects a $2,000 increase in utility charges and a small increase in the request for elevator service. Capital outlay requests, of which there were none in the current year, total $1,250. Of this, $700 is budgeted for the replacement of a 15-year-old wet vacuum, and $500 for replacing very old and deteriorated drapes in the public Works Department. 707 - CUNNINGHAM ART GALLERY - Operating Budget $1,962 Increase in Operating Budget $241 This increase is principally due to higher request of $215 for utility charges. Bakersfield, California, June 18, 1974 - Page 7 355 Councilman Rogers questioned the staff regarding a letter from the Bakersfield Art Commission requesting funds to build an addition to the Cunningham Art Gallery. Auditorium-Recreation Manager Charles Graviss stated he did not know what committee it was referred to but it is a valid request as the Art Gallery is very congested. City Manager Bergen stated that he has been in touch with Norman McNamee, Kern County Administrative Officer, with the idea of trying to arrive at some specific recommendation for report to the City committee, but a specific recommendation has not been made to date. Councilman Bleecker stated that on this particular item, in order to get it going, why can't the appropriate member of the staff determine, from perhaps a committee of the Council, what the increase requirements are, put a dollar value on it, and then ask those who use the facility how much they are willing to pay; the Council would determine how much County if they would contribute, request float around. the City would pay and ask the instead of just letting this 710 - RECREATION - Operating Budget $51~947 Increase in Operating Budget $6,983 This operating budget, other than capital items, has been previously approved by the City Council in order to implement summer recreation programs which begin prior to the beginning of the next fiscal year. Capital items being requested total $1,710 and include a portable desk calculator, five record players, and nine folding table tennis tables for the teen centers. 711 - CALIFORNIA AVENUE PARK COMMUNITY BUILDING Operating Budget $37,033 Increase in Operating Budget $9,905 This budget reflects a $1,500 increase in utility charges, $3,820 higher administrative cost allocation, and $2,130 for rental outside organizations which was not included in the current year's budget. This latter item includes the rental on the silent alarm system and Muzak service, as well as film rental. 356 Bakersfield, California, June 18, 1974 - Page 8 The capital outlay request of $3,305 was reduced $1,500. This committee feels that the two pool tables and carrom pool table are not necessary items, at this time, in order to provide a satis- factory recreation program. 540 - PLANNING - Operating Budget $74,957 Increase in Operating Budget $32,853 This increase in primarily due to the inclusion of a request for a Mid-Decade Census at a cost of $29,730 (see attached memorandum from Planning Director). This special census would enable the City to have its population certified and updated each year by the State Department of Finance until the 1980 Federal Census. This certified population is the basis upon which the amounts of state subventions to cities are determined. If the City does not elect to have this special census, the population, as certified by the State in May, 1974, will be used for purposes of these subventions until the 1980 Federal Census figures are released in 1981. This could result in a substantial loss of revenue to the City. Minor capital outlay items of $210 are requested which include a file cabinet and electric stapler. Councilman Rogers stated that in regards to the special census to be conducted by the City he hopes some of the questions are strictly voluntary because a few appear to be an invasion of privacy. City Manager Bergen stated that he is sure it is volun- tary; the City is primarily interested in the count. Councilman Barton asked if the staff had a projection as to revenue loss the City might incur if the census is not conducted. Assistant Finance Director Phillip Kelmar stated that the City receives approximately $20.00 annually per person residing: in the City. If for example the City had an increase of 200 to 300 people in the first year, that would more than amortize the cost of the census over a seven year period. Bakersfield, California, June 18, 1974 - Page 9 541 - REDEVELOPMENT - Operating Budget $55,660 Increase in Operating Budget $55,660 This represents a new program and results from the City Council's acceptance of the Arthur D. Little report relating to the creation of a Community Development Agency responsible for redevelopment, building regulation, and planning. Included in this request is $30,000 for the City's consulting attorney for redevelopment. A car allowance of $1,200 is provided for the Community Development Director in lieu of the purchase of an additional automobile. Capital outlay of $3,500 includes the necessary desks, chairs, typewriters, etc., to provide the basic office necessities. It should be particularly noted that based on the agreement between the City of Bakersfield and the Bakersfield Redevelopment Agency, whereby the City provides administrative services to the Agency, all of the costs of this program will be reimbursed each year to the City by the Agency. Councilman Bleecker stated that he had noticed several times in this report that instead of providing automobiles for employees that a car allowance of $1,200.00 is provided. That is $100.00 per month, but what about tire replacement, oil, etc. Mr. Bergen stated that the exact amount will be deter- mined by whatever policy the Council approves, and the staff plans to go to the Governmental Efficiency and Personnel Committee after budgets and discuss car allowances with the idea that allowances would be preferable to City cars in many cases. The City has only one car allowance at the present time of $100.00 per month and that was the basis for the $1,200.00. Councilman Bleecker stated providing automobiles for employees is a large expense to the City of Bakersfield. If this is brought to the Governmental Efficiency and Personnel Committee his suggestion would be, just as a little pre-information for the entire Council, that there are too many automobiles provided, and perhaps a better way would be to provide a car pool, where the employee drives his own automobile back and forth to City Hall. 358 Bakersfield, California, June 18, 1974 - Page 10 If additional transportation is needed during the day there would be a sufficient car pool for that purpose. This would exclude those persons who are in and out of a car all of the time and where their daily work requires that they be out in the field, like a Building Inspector. 615 - BUILDING REGULATION - Operating Budget $34,438 Increase in Operating Budget $437 This budget request reflects no significant change. 24-615 - REPAIR AND DEMOLITION - Operating Budget $30,000 No Change in Operating Budget This represents the program under the direction of the Building Director for the demolition of dangerous buildings within the City. Any costs incurred by the City in this connection are assessed against the affected property owners and ultimately paid back to the City. 530 - FINANCE - Operating Budget $47,768 Decrease in Operating Budget $2,115 This decrease results from the deletion of $10,000 in internal audit fees. This internal auditing was previously performed under a contract. Upon the death of this internal auditor, a full-time City employee was hired to perform this function. This decrease is primarily offset by an increase of $1,200 in stationery and office supplies, $920 in City Hall maintenance allocation, and $5,220 in other outside services and charges. This latter item includes $4,500 for the implementation of a fixed asset inven- tory accounting system which was authorized by the City Council during this current year, and $660 for a limited service of Dunn and Bradstreet reports for purposes of checking financial stability of potential bidders on City business. Capital outlay requests of $800 include a file cabinet and printing calculator to replace one about 15 years old. Councilman Heisey asked the staff if they are getting their money's worth out of the request for the service of Dunn and Bradstreet reports. Bakersfield, California, June 18, 1974 - Page 359 Finance Director Haynes stated this is it is something that will have to be evaluated. be appraised and a report made to the Council at year. a new program; The program can the end of the 532 - DATA PROCESSING - Operating Budget $56,330 Increase in Operating Budget $16,561 This increase is., in part, due to a $2,415 higher request for stationery and office supplies due to higher prices and increased usage of continuous computer printer forms. The major increase of $12,350 is in the account for data processing equipment rental charges. In this coming fiscal year, the City will be receiving its new Systems 3 disk storage computer. Departmental capital outlay of $1,870 includes disk packs, disk pack storage cabinets, and a desk calculator. We would like to point out, at this time, that the Data Processing Department has recently absorbed certain keypunching activities which were previously performed at the Police Department. This has resulted in the Police Department discontinuing this equipment rental resulting in a savings to the City of approxi- mately $6,000 per year, as well as freeing two Police Department employees to perform other very needed clerical tasks. This will thus reduce the budget request made for additional clerical personnel by the Police Department. This change was made possible by shifting clerical responsibilities within the Finance Department and may require some minor addi- tions to the temporary help requirements of the Finance Department. 640 - FIRE PROTECTION - Operating Budget $545,243 Increase in Operating Budget $37,086 This increase results from an additional $10,250 in the equipment replacement provision to more accurately represent replacement costs, a higher administrative cost allocation of $14,136, an increase of $4,500 in the request for fuel due to the 50 percent increase in fuel prices, and higher utility charges of $5,050. Departmental capital outlay of $95,475, which is approximately the same as last year, includes $40,260 for fire hydrants, $4,000 for a power rescue tool which will enable department personnel to more readily rescue accident victims trapped in vehicles, $13,200 for replacement of conductor cable, and $11,200 for replacement of eight overhead doors at three fire 360 Bakersfield, California, June 18, 1974 - Page 12 stations. Other items include office and household equipment, vehicle emergency equipment, miscel- laneous firefighting equipment, radio equipment, fire alarm materials, and shop equipment. 83-640 - FIRE DEPARTMENT EQUIPMENT REPLACEMENT - Operating Budget $82,470 A request of $55,000 for the replacement of a 1954 fire engine is the major item to be replaced this year. In accordance with the plan indicated at the beginning of this report, this committee is recom- mending that the Chevrolet sedan being requested for replacement be replaced with a small compact pickup truck. This pickup would then be switched with one of the sedans in the Building Department. 505 - MAYOR - Operating Budget $5,320 Increase in Operating Budget $20 This request is almost exactly the same as last year. City Manager Bergen distributed a memorandum from the Department of Public Works with regards to the Federal Aid Urban Program, which will be placed on Monday's Agenda. Mr. Bergen reported and distributed the results of the City Employees election to determine which union would represent the employees. Mayor Hart declared a brief recess at this time. 620 - POLICE PROTECTION - Operating Budget $769,104 Increase in Operating Budget $195,484 Of the increase, $52,400 represents a higher request for fuel costs. In the 1973 calendar year, the department used approximately 175,000 gallons of gas and is currently paying about 45 cents per gallon versus 20 cents per gallon a year ago. In addition, ten additional police cars were purchased in 1974. The remaining increase primarily results from a higher administrative cost allocation of $30,094, an additional equipment replacement provision of $44,200 to more accurately reflect replacement costs, and a higher departmental capital outlay request of $36,250. This increased capital outlay is due primarily to a request of $20,800 for a second radio channel to support the new team patrol organization, for use by intelligence personnel, and a tie into the California Law Enforcement Mutual Aid Radio System. Bakersfield, California, June 18, 1974 - Page 13 361 Current.ly, the department's one channel can no longer effectively handle the requirements in an efficient and satisfactory manner. Another major item is a request of $12,500 for the total replace- ment of service revolvers presently used by all sworn officers. This automatic pistol has a 14-round magazine versus the 6-round revolver presently used. Other requests include pocket pagers, replacement of cassette recorders, electric sirens, camera equipment, and various office equip- ment replacements, such as typewriters and chairs. A request of $1,850 for a cathode ray tube terminal is subject to the approval of an additional personnel request being reviewed by the Governmental Efficiency and Personnel Committee. Councilman Heisey requested the Chief of Police Bob Price to explain the request for automatic pistols. Chief Price explained the difference in the revolvers presently being used versus the new 14-round automatic pistols being requested. B22 - STREET PAINTING AND SIGNS - Operating Budget $42,280 Increase in Operating Budget $4,026 This budget reflects an increase of $2,500 in the account of Materials and Supplies Not Otherwise Classified. Purchases of traffic paints are made from this account and this higher request reflects increased prices. The remaining significant increase in this program is a $1,041 higher administrative cost allocation. Capital outlay requests of $3,520 include a paint line eradicator, aluminum street stencil set, a 5-gallon-size paint can shaker, traffic cones, and additional air hose. 82-620 - POLICE DEPARTMENT EQUIPMENT REPLACEMENT - Operating Budget $62,260 This program includes the replacement of twelve police patrol cars and a 3/4-ton pickup truck used by the street painting crews. 650 - PUBLIC WORKS ADMINISTRATION - Operating Budget $42,227 Decrease in Operating Budget $50,996 This decrease is attributable to the lower request in the account for professional and consulting fees. Bakersfield, California, June 18, 1974 - Page 14 The current year's budget included a request of $59,150 for engineering consulting fees to prepare a project report for waste water treatment facilities in the southeast area. Departmental capital outlay of $1,425 includes the replacement of an electric typewriter and an office chair, and the purchase of an additional file cabinet and time clock. 655 - ENGINEERING - Operating Budget $73,216 Increase in Operating Budget $6,649 Of this increase, $4,000 represents additional costs for the weed abatement program. The remain- ing increase is due to a higher administrative cost allocation, internal equipment rental charges, and stationery and office supplies requests. The pur- chase of a calculator comprises the capital outlay request. 660 - PLANT MAINTENANCE - Operating Budget $59,257 Increase in Operating Budget $13,258 This increase principally results from an additional request of $7,500 in the general maintenance and supplies account for materials to perform necessary remodeling in City Hall in order to meet space needs. This remodeling entails the moving of the Data Pro- cessing Division into the basement, the Personnel Section of the City Manager's Office to the present location of Data Processing, and the stationery and office supplies storeroom to another area of the basement. Increases in utility charges, administra- tive cost allocation, and internal equipment rental charges account for the remaining increase. Departmental Capital outlay of $3,940 includes the remaining purchase of overhead heaters for the equipment maintenance shops which were deferred by this committee last year, and modification of the exterior of the Civic Auditorium to prevent vandalism. 664 - HEATING AND AIR CONDITIONING - Operating Budget $16~131 Decrease in Operating Budget $9,504 This decrease results from the termination of a con- tract for air conditioning services. The City has hired a full-time employee to perform this function. This decrease is offset by an increase in departmental capital outlay requests of $2,470. Included in these capital requests are a vacuum pump which was previously provided by the outside contractor and the replacement of badly pitted tubes in the boiler at City Hall. Bakersfield, California, June 18, 1974 - Page 15 363 During the Fall of 1973, one of the tubes leaked and necessitated extensive emergency repairs. 665 - STREET MAINTENANCE - Operating Budget $215,299 Increase in Operating Budget $40,858 This overall increase results from a higher adminis- trative cost allocation and internal equipment rental charges. As a result~of the growth of the City, utilization of equipment has increased significantly. A minor capital outlay of $200 for a manual hoist is included in this budget. 666 - ELECTRICAL MAINTENANCE - Operating Budget $314,983 Increase in Operating Budget $54,738 The principal reason for this increase is an addi- tional $45,000 for electricity for street lights and traffic signals. The City owns and maintains 92 traffic signals and 1,350 street lights. This higher request results from an expected 15 percent rate increase. A higher administrative cost allocation, plus increased costs in connection with the City's share of maintenance costs for traffic signals jointly operated with the County and the State, account for the rest of this increase. Assistant Finance Director Phillip Kelmar stated that the total electrical bill budgeted for the City.is $420,610.00. 667 - RIGHT-OF-WAY MAINTENANCE - Operating Budget $103,979 Increase in Operating Budget $14,460 This increase is due to a higher request of $1,685 for chemical materials used for the tree spraying and weed abatement programs in street right-of-ways and public grounds. The City has experienced a 30 percent price increase for these materials. A higher administrative cost allocation, plus increased internal equipment rental charges, make up the rest of this increase. 668 - STREET CLEANING - Operating Budget $162,168 Decrease in Operating Budget $7,926 This decrease is due to a lower request for internal equipment rental charges resulting from adjusting utilization to more accurately reflect usage. 364 Bakersfield, California, June 18, 1974 - Page 16 670 - WASTE WATER TREATMENT - Operating Budget $194,452 Increase in Operating Budget $29,148 This increase is almost entirely due to a higher request for electricity. This additional need results from the installation of the aeration system at Sewage Treatment Plant No. 3. Capital outlay request of $1,050 includes an office desk, plan holder, and dissolved oxygen analyzer. 675 - REFUSE COLLECTION - Operating Budget $739,810 Increase in Operating Budget $86,877 Of this increase, $50,500 represents additional payments to be made to outside contractors as a result of the 15 percent rate increase given to two of the contractors effective July 1, 1974, and the estimated l0 percent rate increase being projected for the contractor of the downtown commercial route. The remaining increase is attributable to a $10,962 higher administrative cost allocation and $26,465 higher internal equip- ment rental charges which is necessary to more accurately reflect maintenance and replacement costs. The City and County staff have agreed upon a plan subject to the approval of the County Board of Supervisors and City Council regarding the County's takeover of the City's sanitary landfill operation effective January 1, 1975. This would result in a substantial savings to the City in future years. We highly endorse this plan (See memorandum attached from the Public Works Director.) 680 - PARKS - Operating Budget $253,763 Increase in Operating Budget $29,139 This increase is due to an additional $8,800 in utility charges, $10,710 in internal equipment rental charges, $3,550 in maintenance supplies and tools, plus a $4,644 higher administrative cost allocation. These are all necessitated by an increase in park acreage of 20 acres presently being completed and to be completed in this next fiscal year. Departmental capital outlay of $3,300 includes the replacement of obsolete gas chlorinators at two swimming pools, worn playground equipment, and five corroded steel chemical tanks with new fiberglass tanks at various swimming pools. Bakersfield, California, June 18, 1974 - Page 17 36,,5 690 - EQUIPMENT MAINTENANCE - Total Budget Request $156,842 The Equipment Maintenance Division is responsible for the maintenance of 325 pieces of equipment for all departments except Police and Fire. The above total budget request consists of the sum of the total salaries and supplemental benefits, operating expenses, and departmental capital outlay, less the equipment rental charges made to other departments for the use of this equipment. The operating budget included in the total described above amounts to $744,317 or $123,418 higher than last year. This increase primarily results from higher requests of $62,000 for fuel and $31,000 for equipment parts. These substantial increases are necessary as a result of the 50 to 100 percent price increase of fuel and other related products, and 25 percent price increase in equipment parts. An additional amount of $34,100 for equipment replacement is requested to more accurately represent replacement costs. Departmental capital outlay requests total $61,010. Of this, $32,000 represents a 25 cubic yard rear loading refuse truck. Currently, the City is servicing 17 full-time routes, plus an additional route four months of the year for servicing City parks. The Sanitation Division has a fleet of only 18 refuse trucks and, as a result, there are no stand-by units when mechanical problems arise and proper preventive maintenance cannot be performed. We are recommending this request be approved but the actual purchase be deferred pending the Arthur D. Little report relating to work measurements. This committee is recommending that the 4-door sedan being requested be replaced with a small compact pickup truck which will result in a $700 savings. This pickup would be switched with one of the sedans in the Building Department. Other principal capital items are a $7,400 power sweeper to be used both in the proposed downtown parking garage and Civic Auditorium building and parking lot areas, and a $6,000 Engine Performance and Emissions Tester. The latter item checks emission standards and would also be used by the Police and Fire Departments. Other items are a space heater, one pickup truck, two 2-way radios, a wet valve grinder, a wheel balancer, a chain hoist and trolley, a leaf rake attachment, and hydraulic circular saw. This committee has deleted a ½-ton pickup truck, three 2-way radios, a leaf trailer, and a leaf bucket totaling $14,600. 366 .Bakersfield, California, June 18, 1974 - Page 18 81-691 - PUBLIC WORKS EQUIPMENT I{EPLACEMENT - Operating Budget $271,510 Of the 110 pieces of equipment that are fully depreciated, the Equipment Maintenance Superin- tendent is only recommending replacement of 27 which attests to the careful scrutiny these items are given before replacement. They are not replaced just because of age. This committee has reviewed these requests and is in agreement; however, we are again recom- mending that the two 4-door sedans being requested be replaced with small compact pickup trucks. These pickups would also be switched with two sedans in the Building Department. The principal items being replaced are a motor grader, two street sweepers, and two refuse trucks. Adequacy of Restricted Reserves This committee has reviewed the proposed restricted reserve requirements for the 1974-75 fiscal year with the Finance Director. It was concluded that the reserves, as proposed, are adequate. However, if the current high rate of inflation continues, the Council can expect the equipment replacement reserves to be increased in future years. Property Tax Rate As a result of the final redemption in the cur- rent fiscal year of the 1951 City Hall Bonds, the requirements of the Bond Tax Rate Category of the budget will be $35,070 lower, resulting in an approximate decrease of 3.5 cents in the bond tax rate for 1974-75. This committee feels that a reduction in the total tax rate should not be made as a result of the above in order to avoid minor property tax rate fluctuations, especially as these bond requirements will increase in the following year. We are recommending that this property tax revenue be added to the bond reserves for future redemption of outstanding bonds. In conclusion, this committee has spent a great deal of time reviewing all the accounts of the departmental operating budget requests in the Preliminary Budget. We have also considered these requests as they relate to the continuing growth of the City. Reductions have been made where possible; however, since the departmental operating budget is tied to current operating procedures and level of service being provided by City departments, substantial reductions were generally not possible. Bakersfield, California, June 18, 1974 - Page.19 367 The forthcoming Arthur D. Little study on work measurements may provide the Council with some basis for adjustment of operating budgets before adoption of the tax rate in August. This committee recommends acceptance of this report and approval of the operating budget of the 1974-75 Preliminary Annual Budget with those changes as herein outlined. Attachments: 1. Summary of Proposed 1974-75 Operating Budget by Line Item in Comparison to 1973-74 Council Approved Budget 2. Memorandum from Planning Director, Dewey Sceales, re Mid-Decade Census 3. Memorandum from Public Works Director, Calvin Bidwell, re County Takeover of City's Sanitary Landfill Operation Councilman Medders moved acceptance of the report and approval of the Operating Budget of the 1974-75 Preliminary Annual Budget with those changes as herein outlined. Councilman Rogers asked what the overall increase is in this Operating Budget over last year. Assistant Finance Director Kelmar stated that it would be approximately $807,000.00. Upon request of Councilman Thomas, Mayor Hart declared the meeting open for public participation. No protests or objec- tions being received, the public portion of the meeting was closed for Council deliberation and action. Councilman Medders' motion to accept the report of the Budget Review and Finance Committee and approve the Operating Budget of the 1974-75 Preliminary Annual Budget with the changes outlined, was adopted by the Ayes: Councilmen Medders, Bleecker, Noes: None following roll call vote: Rogers, Strong, Thomas, Barton, Heisey Absent: None 368 Bakersfield, California, June 18, 1974 - Page 20 Recess. Upon a motion by Councilman Medders, the Council recessed its budget hearing at 9:00 P.M. until Wednesday, June 19, 1974, at 7:00 P.M. YOR t ~of~ YOR~ kersfield, Calif. ATTEST: CITY CL_~.. and Ex-Off~io Clerk of the Council of the City of Baker~ield, California ma Bakersfield, California, June 19, 1974 Minutes of the Council of the City of Bakersfield, California, meeting in budget sessions at 7:00 P.M., June 19, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance. The City Clerk called the roll as follows: Present: Absent: Mayor Hart. None Capital Councilmen Medders, Rogers, Strong, Thomas, Barton, Bleecker (seated at 7:05 P.M.), Heisey Improvement Program 1974-75 City Manager Bergen stated that the recommended Capital Improvement Program 1974-79 was developed through the coordinated efforts of the City Administration and the Planning Commission. The task of determining need and establishing priority is carried out in close cooperation with the City Manager and Department Heads. The process starts with requests for projects from each department early in the spring of each year. Meetings are held between the various departments and the Capital improvement Program Coordinating Committee to develop complete projects and determine project timing. After preliminary estimates of future funds are made available, a tentative program is developed and the Capital Improvement Program Coordinating Committee, composed of the City Manager, Director of Public Works, Finance Director and Director of Planning meet to review the total program. During this period, adjustments are made to eliminate any duplication which may exist or program certain phases to coordinate with financial capabilities or introduce any new projects which should be considered. On February 4, 1974, copies of the Draft Capital Improve-- ment Budget were given to City Councilmen with a letter and form requesting suggestions and comments. The suggestions received were then submitted to the Planning Commission on May 1, 1974 for their review and recommendations. 370 Bakersfield, California, June 19, 1974 - Page 2 The program is subdivided into four major categories. The projects within each category are not listed in order of importance. All the projects within each category may be equally important but may vary as to timing because of financial capa- bilities or their relationship to related projects. This is true in many cases; for instance, some storm drain projects are tied to State freeway construction. This is true to a greater or lesser degree with some street improvement projects which tie in very closely with the development of an area or a freeway. Another example, park improvements that are tied in very closely with development in a particular area. Director of Public Works Bidwell and the Council thor- oughly reviewed each item in the Capital Improvement Budget for Fiscal Year 1974-75, as follows: I - TRANSPORTATION AND TRAFFIC City's share of Major Street Improvements, including curb, gutter and sidewalk repairs Gas Tax Funds $ 60,000 Traffic Signal Installations at various locations (3) Gas Tax Funds $110,000 Mr. Bergen stated that specific locations would come before the Council for approval. Construct Truxtun Avenue between Oak Street and Lennox Avenue Federal Aid Urban Funds Gas Tax Funds $480,000 $120,000 Mr. Bidwell stated that one of the most congested inter- sections in the City is California Avenue and Oak Street and it is felt that the extension of Truxtun Avenue will relieve a great deal. of that congestion. Widen and reconstruct Baker Street between Truxtun Avenue and Sumner Street Federal Aid Urban Funds $ 28,000 Gas Tax Funds $ 7,000 Bakersfield, California, June 19, 1974- Page 3 371 Mr. Bidwell stated that this project was approved by the. Council in an earlier budget and when put out to bid it exceeded the budgeted amount by quite a large sum. The City is asking for additional funds and the project has been divided into two projects; (1) signals and (2) widening and reconstruction. The Federal Aid Urban Fund figure has been changed to $37,518 and the total for five years has been changed to $44,518. the total project would now be $213,000, had been approval for $168,482. Mr. Bergen stated that prior to this time there Widen and reconstruct 17th Street between Chester Avenue and "L" Street (north half) Gas Tax Funds $ 25,000 Mr. Bidwell stated that the south half of this street was widened in conjunction with the construction of the Bank of America Building. Construct additional lane in Real Road between Wilson Road and Planz Road Gas Tax Funds $ 25,000 Widen and reconstruct Chester Avenue between 24th Street and Garces Circle Gas Tax Funds $ 35,000 Mr. Bidwell stated that this is a major project, which is estimated at $275,000, of that we propose to use $225,500 of Federal Aid Urban Funds and the Gas Tax Fund figure has been reduced to $16,500 for this year. Widen and reconstruct Planz Road between South "H" Street and Hughes Lane Gas Tax Funds $100,000 Widen and reconstruct Wilson Road between Wible Road and Hughes Lane Gas Tax Funds $ 90,000 Councilman Thomas asked if there has been any indication from the State Division of Highways whether they are going to widen the bridge on Wilson Road that spans Freeway 99. 372 Bakersfield, California, June 19, 1974 - Page 4 Mr. Bidwell stated that he believed that project would be put out to bid this fall and the bridge would be widened from two to four lanes. Resurface Miner Street and Thelma Drive between Union Avenue and La Mesa Drive Gas Tax Funds $ 9,000 Resurface Bucknell Street between Telegraph Avenue and Panorama Drive Gas Tax Funds $ 5,000 Resurface Benton Street between Ming Avenue and Wilson Road Gas Tax Funds $ 9,000 Resurface Columbus Street between Auburn Street to 100' north of University Avenue Gas Tax Funds $ 20,000 Resurface Rosalia, Lindsay and Sidney Drives, west of "K" Street Gas Tax Funds $ 16,000 Resurface Sunny Lane between Columbus Street and Height Street Gas Tax Funds $ 9,000 Resurface Hughes Lane between Wilson Road and Ming Avenue Gas Tax Funds $ 20,000 Upgrading traffic signals on State Route 204, north of Brundage Lane, (City-State Cooperative Project) Gas Tax Funds $ 18,000 Widen Auburn Street east of Eissler Street and construct new access to Highland High School Transportation Funds (SB325) $ 14,000 Installation of traffic signals at Chester Avenue and West Columbus Street (City-County Cooperative Project) Gas Tax Funds $ 5,000 Fencing along South "H" Street between Ming Avenue and Wilson Road General Tax Revenue $ 12,000 Bakersfield, California, June 19, 1974 - Page 5 373 Inventory and Evaluation of City Traffic Control Systems Transportation Funds (SS325) $ 50,000 Mr. Bidwell stated that this is a study that would compose of an inventory and evaluation of the City's traffic control systems and signs. This project would be let to an engineering firm specializing in this type of work. Councilman Bleecker asked if this was a study that the City could handle. Mr. Bidwell stated that this is something that the City has not done before and it would be done to promote better traffic flow. It is a need that would not receive top priority because of work load. Councilman Bleecker asked if this expenditure was absolutely necessary at this time. Mr. Bidwell stated that this could be done at a later date without placing a time frame on it. This project could be delayed for several years, but perhaps mistakes are being made in our present program. Councilman Bleecker asked what other projects Transpor- tation Funds can be applied to. Mr. Bidwell stated that Gas Tax Funds can be used for street projects with a few restrictions. Councilman Bleecker asked if the City would have the expertise to perform this study. Mr. Bidwell stated that the Arthur D. Little, Inc. study is recommending that the City hire a Traffic Engineer for the Public Works Department. If the recom- mendation is accepted we hope to recruit for that position before the end of the calendar year and then perhaps this study could be done by the staff. Councilman Bleecker moved that the Inventory and Evalua- tion of City Traffic Control systems be deferred until such time as the Council decides whether or not to approve the position of Traffic Engineer. Councilman Thomas asked if this project is not approved would the City lose the funds. Mr. Bidwell stated no. Mr. Bergen stated the Council should include these funds in the budget and put a hold on them so the money could not be spent 374 Bakersfield, California, June 19, 1974 - Page 6 without further Council approval. The Council could then authorize the expenditure of these funds later in the year. Councilman Bleecker amended his motion to include the $50,000 in the budget with determinations to be made by the Coun- cil as to how it should be spent. Councilman Bleecker's motion that the Inventory and Evaluation of the City's Traffic Control Systems be deferred until such time as the Council decides whether or not to approve the position of Traffic Engineer in the Public Works Department and include the $50,000 in the budget until certain determinations have been made by the Council, was unanimously approved. Councilman Barton questioned the staff regarding the $600,000 project to construct Truxtun Avenue between Oak Street and Lennox Avenue and the possibility of constructing bicycle paths in this same area. City Manager Bergen explained the reasons and need for the extension of Truxtun Avenue and the problems involved in con- structing bicycle paths along that route. Councilman Strong asked if the Federal Aid Urban Funds have been allocated to the City. Mr. Bergen stated that FAU Funds are not allocated to cities specifically; they are available for certain streets that qualify for Federal Aid Urban Funds standards. Councilman Strong asked if the City was making this proposal on the belief that the extension of Truxtun Avenue would meet those standards. Mr. Bergen stated yes, the staff feels that this street improvement would qualify. Councilman Bleecker questioned the staff regarding two projects that are scheduled sometime between 1976 and 1979 for reconstructing and widening 21st Street between Oak Street and Chester Avenue and 19th Street between Chester Avenue and Oak Street. Mr. Bidwell stated that the plan for that area would be reconstruction of 19th and 21st Streets from Oak Street to Chester Bakersfield, California, June 19, 1974 - Page 7 375 Avenue, but the widening would only affect the commercial area beginning at "E" or "D" Street to Chester Avenue. The commercial area has more traffic than the residential area and widening of the residential area would not be necessary. Upon a motion by Councilman Reisey, Part I Transporta- tion and Traffic of the Capital Outlay Budget for Fiscal Year 1974-75, was approved as amended. II - SANITARY SEWERS AND STOP~M DRAINS Storm Drain construction between Lakeview Avenue and Oak Street (City, State, County Agreement) General Tax Revenue $102,000 Northeast Bakersfield Drainage Plan Revenue Sharing $ 50,000 Mr. project and the City has agreed project estimated at $1,500,000. selves to this project. Bidwell stated that this is a joint City-County to fund $300,000 of the total The Council has committed them- Replace 6" concrete sewer lines in Westchester area General Tax Revenue $ 30,000 Mr. Bidwell stated that these sewer lines were originally installed in the late forties when vitrified clay was not available and they have given the City a lot of maintenance problems. This proposal is the first phase for replacing all of the 6" concrete sewer lines in that area and the project will be started in the section north of 24th Street between Beech Street and Spruce Streel;. Mr. Bergen stated these particular sewer lines are in easements in back of property lines and because of difficulty of reconstruction it may be best to replace those lines in the street. That decision will be made prior to construction and the City should involve property owners because of the problem of connecting the homes if the line is constructed in the street. 376 Bakersfield, California, June 19, 1974 - Page 8 Reconstruct Storm Drain and Catch Basin on north side of Pacific Street at Union Avenue Storm Drainage Collection System in area bounded by Oleander, California, "N" Street and Brundage Lane; and Drainage Facility at 32nd-"K" Street intersection General Tax Revenue Revenue Sharing $ 15,000 $260,000 Storm Drain between Valhalla Drive and McDonald Way, ex- tending easterly from Fjord Street-Valhalla Drive inter- section General Tax Revenue $ 15,000 Reconstruct 6" Sewer Line in Olive Street at Verde Street General Tax Revenue $ 5,600 Storm Drain in "Q" Street and San Dimas area between West Niles Street and 34th Street Transportation Funds $ 75,000 Storm Drain in Olive Street between Bank Street and Oak Place, and in Oak Place between Olive Street and Oak Street General Tax Revenue $ 7,000 Councilman Strong asked the staff to comment on the use of Revenue Sharing Funds for the Northeast Bakersfield Drainage Plan and the Storm Drainage Collection System in the area bounded by Oleander, California, "N" Street and Brundage Lane; and Drainage Facility at the 32nd-"K" Street intersection. Last year during one of the budget sessions the Council went on record not to commit Revenue Sharing Funds beyond one year and the use of these funds has been projected through 1979. I think the Council tentatively agreed to have public hearings before committing these funds to any project and according to the Agenda the so-called public hearing has been put after the fact. Mr. Bergen stated that any funds past this fiscal year. these projects would not obligate This meeting has been advertised as a public hearing and it would be appropriate if there were Bakersfield, California, June 19, 1974 - Page 9 377 comments from the public. The 5 Year Capital Improvement Program only shows tentative plans; the Council is not budgeting past this fiscal year, only budgeting the funds available for Fiscal Year 1974-75. The Council would be budgeting $50,000 and $260,000 on these two projects for this fiscal year. Councilman Strong stated that the Council would be budgeting that amount prior to the public hearing. Mr. Bergen stated that this is the public hearing and the Mayor has indicated that he is from the.audience. Councilman Heisey stated going to open it up for comments that what is important is that the Capital Outlay Program has been heard before the Planning Commission; it is their job to hear items that are presented to the Council. The Capital Outlay Program has already been before the public and now it is before the public again as we consider it for adoption. It has been pointed out that it is mostly items for this year that the Council is acting on; the other items are recommendations for future years. Councilman Strong stated that he is not issue with what this budget indicates with respect for the coming fiscal year. It is necessary that reminded that public hearings should be conducted to establish priorities with respect to the use of funds and also that funds cannot be committed for more than one year at a time. It is neces- sary that the Council remember that and abide by it because the Council made that rule. Mayor Hart declared the meeting open for public hearing on Revenue Sharing Funds. Mr. Robert McCarthy, representing a land owner near the proposed Drainage Facility at 32nd-"K" Street intersection, one of the projects in the budget, stated that he wholeheartedly requests the Council approve that project. necessarily taking to expenditures the Council be 378 Bakersfield, California, June 19, 1974 - Page 10 Upon a motion by Councilman Bleecker, Part II Sanitary Sewers and Storm Drains of the Capital Improvement Program for Fiscal Year 1974-75, was approved. Mayor Hart declared a brief recess at this time. III - PARKS City Manager Bergen stated that the Council has received letters from Reverend Johnnie Wesley Jones, 716 "N" Street, and Mrs. Juanira Harmon, 819 - 6th Street, requesting swimming pool, tennis courts and recreational facilities at Lowell Park. The Administrative Staff, primarily the Parks Department and Recreation Department, feel that the use of swimming pools is actually declining in the City and the use of several of the pools has declined to the point where it hardly justifies keeping them open. The Recreation Department had made a fairly extensive study in this area and does not feel a swimming pool for Lowell Park would be warranted. Councilman Bleecker asked the staff if they had taken into consideration, fully, on Items I - Transportation and Traffic and II - Sanitary Sewers and Storm Drains, any increases in costs that might occur before these projects are completed. Mr. Bidwell stated that the staff has tried to adjust estimates of the projects proposed for Fiscal Year 1974-75 in line with anticipated costs at actual construction. Councilman Bleecker stated that in the past several of the engineers estimates that were made a year ago have been lower than the bids. Mr. Bergen stated that the staff is recommending that the. City maintain higher reserves than they have in the past, so that if these spiraling costs exceed their estimates the Council will have adequate reserves available to transfer funds if they deter- mine that they want to proceed with a project. Bakersfield, California, June 19, 1974 - Page 11 379 Councilman Medders stated that in regards to the requests for a swimming pool in Lowell Park, that matter was referred to the Auditorium-Recreation Committee and due to the lack of use of swimming pools the Committee advised against the requests. There was also a request for recreational facilities and tennis courts and I would also recommend fencing that park. The people who live on the northwest corner of that park, where houses and park are not separated by a street, have a real problem with the type of persons using that park. It is the City's responsibility to fence that park with the highest chain link fence that can be erected. Councilman Strong stated that he would agree with Council- man Medders in recognizing the fact that Lowell Park is a problem. The Principal of Emerson School has, on several occasions, indicated that some of the activities that go on in that park interfere with normal everyday school activities. The Principal appealed to the Police Department for assistance and I understand that they did post the area. I would be in favor of a study being made concerning the activity in that park and some kind of meaningful recommendation made to this Council. Mr. Bidwell stated the facilities now in Lowell Park are a softball diamond with backstops, lighted game court, large group picnic facilities, playground with apparatus and park tables with permanent settees. Mayor Hart stated that it comes back to what Councilman Medders offered earlier that those persons now dominating the park have alienated those persons in the general area. Mayor Hart read a report from the Chief of Police, as follows: We have been aware of some problems at Lowell Park for some time and have been working quite closely with the P. T. A.'s of McKinley and Emerson Schools, as well as certain of the neighborhood residents in an effort to alleviate the problems within the park that make it less than desirable for family use. 380 Bakersfield, California, June 19, 1974 - Page 12 We are devoting as much attention to patrolling this park as manpower allows. As you are aware, there are 14 developed parks within the city and, because of the citizen interest in that area, we have been spending considerably more time in that park than any of the other parks at the present time. It appears that our efforts are obtaining some results and that the park certainly is, at the present time, suitable for any family recreation; however, only by its use by family groups will it remain that way. As to Mr. Jones' request for facilities within the park, that does not fall within the juris- diction of this department. City Manager Bergen stated that the staff will come back later in the meeting with a recommendation in regards to fencing Lowell Park. After further discussion Councilman Strong stated that recreational facilities are needed for Lowell Park, but this park has serious problems and needs an indepth study with a recommen- dation to alleviate the problems. Patriots Park Improvements General Tax Revenue $ 76,500 Siemon Park Improvements General Tax Revenue $ 32,000 Centennial Park Improvements General Tax Revenue $ 10,000 P. G. & E. Easement (Vicinity of Monitor Street and Pacheco Road) General Tax Revenue $ 6,000 Mr. Bidwell stated the P. G. & E. Easement is developed not as a park, but an irrigation system is put in and planted with a lawn. This area is available as a green belt area and serves as a drainage basin. Planz Park Improvements General Tax Revenue $ 3,800 California Avenue Park General Tax Revenue $ 4,000 Grissom Park Improvements General Tax Revenue $ 35,000 Councilman Bleecker suggested that the Council explore the idea of putting permanent attractive signs in parks that state Bakersfield, California, June 19, 1974 - Page 13 381 "City of Bakersfield" and the name of the park. Mr. Bidwell stated that the staff would bring something to the Council for their approval. Mr. Bergen stated that a rough estimate for a fence in Lowell Park would be $1,400.00. The City has carry-over funds this year from a project and if the Council desires the Staff can prepare a plan for next Monday, at which time you could approve the construction of this fence. The Council could then refer the additional facilities to the Auditorium-Recreation Committee. Upon a motion by Councilman Thomas, Part III- Parks of the Capital Improvement Program for Fiscal Year 1974-75, was approved. IV - PUBLIC BUILDINGS AND IMPROVEMENTS Acquisition of property at the northeast corner of 16th Street and "P" Street Retractable Seat Risers for Civic Auditorium Arena Revenue Sharing Revenue Sharing $ 30,000 $310,000 Civic Auditorium Manager Charles Graviss there are eleven rows of seats in the arena at the Each time the seats are removed and put back in it stated that present time. takes 150 man hours. With the new seat risers each change could be accomplished in five hours with two men. We could do one complete change-over for the building and rent it for another event the next day with no problem. Council discussion ensued regarding the amortization of the Retractable Seat Risers for the Civic Auditorium Arena. Council discussion regarding the future construction of new Fire Station No. 9 on West California Avenue. Construct Rest Room at Police Pistol Range Revenue Sharing Funds $ 12,000 New Corporation Yard and Shop Building Revenue Sharing Funds $850,000 382 Bakersfield, California, June 19, 1974 - Page 14 City Manager Bergen stated that the Corporation Yard reached its present form in February, 1949 and at that time the City had 132 pieces of equipment; now there are 325 and it has reached the point where there is no room left. We have had two specific things come up this year that have made this request more urgent; purchase of the water facilities of Tenneco West, Inc. and there is a recommendation from the Arthur D. Little, Inc. study to consolidate some of the shop facilities and that would not be possible at the present site. This is an important need and with the Revenue Sharing Funds it could be started this year. Councilman Bleecker asked if this would be large enough to handle the consolidation of certain services that are recom- mended by the Arthur D. Little, Inc. report. Mr. Bergen stated very definitely. Councilman Strong asked if approving the $850,000 for the new Corporation Yard for Fiscal Year 1974-75 will be commiting the Council to approve the other $S50,000 for Fiscal Year 1975-76. Mr. Bergen stated the initial expenditure would buy the land and construct the main shops; the Council is not legally obligating themselves to spend the money the second year. The staff would hope that the Council plans to move ahead; we do know the Revenue Sharing Funds will be available for the second phase. The City has been assured by the Federal Government that we would get these funds for five years. If the City can possibly get some of the urgent building needs accomplished, the staff feels it would. be of material benefit to the citizens rather than having bond issues added to their taxes. Councilman Rogers asked if the proposed new Corporation Yard would be used to service some of the canals and water distri- bution facilities that the City acquired in their purchase from Tenneco West, Inc. Bakersfield, California, June 19, 1974 - Page 3S3 City Manager Bergen stated that if the City, in fact, handles the operation and does not go to the joint powers agree- ment, the answer is yes. The City would have the facilities, the land and the size to handle those operations. City Hall Expansion over west wing and two-story concrete south wing Revenue Sharing Funds $180,000 Mr. Bergen stated that the initial need is for the exten- sion over the west wing of City Hall and is necessary now. The City is really pinched for space as the City Hall was constructed in 1955 and expansion has been going on for twenty years, using every corner available, including the basement. There was a Citizens Committee that evaluated City Hall and the Police Depart- ment; they felt there was a need but the Police Department was the first priority and made that recommendation. Mr. Bergen stated that there is one additional item that should be brought to the Council's attention. In view of the spiraling increase in costs it is necessary to provide a substan- tial contingency fund in the Revenue Sharing Account. Therefore, the $380,471 in Restricted Reserves will be transferred to Appro- priated Reserves. Upon a motion by Councilman Medders, Part IV - Public Buildings and Improvements of the Capital Improvement Budget for Fiscal Year 1974-75, was approved. Mayor Hart asked if there were any additional public comments. No protests or objections being received, the public hearing was closed. Councilman Strong stated that what has been done tonight has been for the benefit of all the citizens in Bakersfield, but with regards to spending Revenue Sharing Funds the City should follow dictates and guidelines set down by the Federal Government so as to give the citizens a right to provide this Council with whatever input that they might have regarding the spending of these. funds. I hope that this time next year the staff will see fit to 384 Bakersfield, California, June 19, 1974 - Page 16 schedule the public hearing portion of this meeting prior to the budget sessions. Adoption of Resolution No. 51-74 of the Council of the City of Bakersfield, approving and adopting the Budget, except for Employees' Salaries and Benefits, for the Fiscal Year 1974-75. Upon a motion by Councilman Medders, Resolution No. 51-74[ of the Council of the City of Bakersfield, approving and adopting the Budget, except for Employees' Salaries and Benefits, for the Fiscal Year 1974-75, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Strong, Thomas, Barton, Bleecker, Heisey Noes: None Absent: None Recess. Upon a motion by Councilman Bleecker, the Council recessed the budget sessions at 10:00 P.M., until a report from the Govern-. mental Efficiency and Personnel Committee regarding Meet and Confer Sessions with the Employees' Unions is available. ATTEST: CITY CLF~K and Ex-Off~cio Clerk of the Council of the ~ity of Baker~f~ield, California. ma ' Bakersfield, California, June 24,~ t974 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., June 24, 1974. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Tyrone T. Taylor of the St. Paul Church of God in Christ. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Strong, Thomas, Barton, Bleecker, Medders Absent: Councilmen Rogers, Heisey Minutes of the regular meeting of June 17, 1974 and recessed meeting of June 18, 1974 were approved as presented. Scheduled Public Statements. Mr. Loron Hodge, Executive Vice-President of the Bakers- field Chamber of Commerce, introduced Mr. Richard Hummel, Chairman of the Law and Order Committee of the Chamber of Commerce. Mr. Hummel read a prepared statement regarding the "Crime Alert Program" which was introduced last year in an effort to aid local law enforcement agencies to decrease the crime rate in the Bakersfield area. The program is designed to motivate local residents to call the Bakersfield Police Department, Kern County Sheriff's Department, or the Highway Patrol if a suspicious or overt act of crime is observed. All three agencies have endorsed the program and have indicated an increased amount of telephone tips leading the Chamber to believe that the program is successful and should be continued with renewed enthusiasm. Mr. Nathan Krevitz, 1408 - 17th Street, addressed the Council objecting to the Downtown Improvement District Tax. Councilman Bleecker stated a meeting was held today with Mr. Krevitz and the Business Development and Parking Committee regarding this matter and made a report refuting Mr. Krevitz's allegations. 386 Bakersfield, California, June 24, 1974 - Page 2 Reverend Tyrone T. Taylor, 2021 "C" Street, presented the Council a proposal for a Drop-In Center on Lakeview Avenue. A lengthy discussion ensued between the Council and Reverend Taylor regarding the Drop-In Center and the problems involved in obtaining funds for this type of project. Reports. Councilman Bleecker, Chairman of the Governmental Effi- ciency and Personnel Committee, read a report regarding Recogni- tion of Kern County Employees' Association, S.E.I.U., Local 700, AFL-CIO as representative of the Blue Collar and White Collar Unit Employees, as follows: The results of last week's elections regarding exclusive recognition of employee organizations are as follows: Blue Collar Unit Kern County Employees' Association, S.E.I.U., Local 700 Public Employees Union, Teamsters Local 986 No Employee Organization White Collar Unit Kern County Employees' Association, S.E.I.U., Local 700 No Employee Organization General Employees Supervisory Unit Kern County Employees' Association, S.E.I.U., Local 700 93 No Employee Organization 85 4 39 11 Based on this final count the Governmental Effi- ciency and Personnel Committee, as the City's designated representative, has granted formal recognition rights to the Kern County Employees' Association, S.E.I.U., Local 700, AFL-CIO to represent employees of this City's Blue Collar Unit and White Collar Unit. These recognition rights will not be subject to challenge by any other employee organization for a period of not less than twelve (12) months. 12 10 Bakersfield, California, June 24, 1974 - Page 3 Report regarding Recognition of Kern County Employees' Association, S.E.I.U., Local 700, AFL-CIO as representative of the Blue Collar and White Collar. Unit Employees was accepted. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3806 to 3936, inclusive, in amount of $104,475.68. (b) Notice of Completion for street and sewer improvements in Tract No. 3562-B - Contract No. 73-78 with Elmer F. Karpe, Inc. (c) Application for Encroachment Permit from Mr. H. Evans, 2201 "A" Street. (d) Adoption of Resolution No. 52-74 of the Council of the City of Bakersfield making finding concerning proposed Subdivision: Tentative Map of Tract 3698 located in the Northeast Area of Bakersfield, southerly of University Avenue and easterly of Maywood Avenue. (e) Adoption of Resolution No. 53-74 of the Council of the City of Bakersfield making finding concerning proposed Subdivision: Tentative Map of Tract 3729 located on the southeast corner of Wilson Road and Fraser Road. Councilman Strong moved that Items (a), (b), (c), (d) and (e) of the Consent Calendar be adopted. ADDENDUM Budget Transfer in the amount of $28,000 from Account No. 11-510-610 to Account No. 11-525-4100, to provide necessary funds for Consulting Water Attorney and Redevelopment Attorney fees for May and June; additional funds are needed as a result of litigation regarding the City's acquisition of Kern River water rights from Tenneco. Upon a substitute 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 Strong, Thomas, Barton, Bleecker, Medders Noes: None Absent: Councilmen Rogers, Heisey Bakersfield, California, June 24, 1974 Page 4 Action on Bids. Pursuant to recommendation of the Public Works Depart- ment, upon a motion by Councilman Strong, the one bid received for clearing of 552 lots in the 1974 Weed Abatement Program was rejected as being excessive and the Finance Director was author- ized to re-advertise the project. Upon a motion by Councilman Medders, bid of Lobre, Roberts, Roberts, Mitchell for Fire and Crime coverage insurance on the alternate bid for $5,000.00 deductible at a cost of $13,655.00 annual premium and bid of Walter Mortensen Associates for Liability insurance on the alternate bid for $5,000,000.00 single limit at a cost of $77,464.00 annual premium was approved. Deferred Business. Adoption of Ordinance No. 2196 New Series of the Council of the City of Bakersfield adding Section 17.14.030 to Chapter 17.14 of the Municipal Code, providing for the R-S-2-½A Zone within the City of Bakersfield. Upon a motion by Councilman Thomas, Ordinance No. 2196 New Series of the Council of the City of Bakersfield adding Section. 17.14.030 to Chapter 17.14 of the Municipal Code, providing for the R-S-2-~A Zone within the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Strong, Thomas, Barton, Bleecker, Medders Noes: None Absent: Councilmen Rogers, Heisey New Business. Approval of Request of Finance Director for authorization to write- off Uncollectible Accounts Receivable. Upon a motion by Councilman Bleecker, the Finance Director was authorized to write-off Uncollectible Accounts Receivable total- ing $217.71, with collection efforts to be continued by the City's collection agency, Herbert P. Sears Co. Bakersfield, California, June 24, 1974 - Page 5 3 ,9 Adoption of Resolution of Intention No. 898 of the Council of the City of Bakersfield, declaring its intention to order the vacation of the Alley in Block 315 and a portion of 16th Street, City of Bakersfield. Upon a motion by Councilman Bleecker, Resolution of Intention No. 898 of the Council of the City of Bakersfield, declaring its intention to order the vacation of the Alley in Block 315 and a portion of 16th Street, City of Bakersfield, and setting the date of July 22, 1974 for hearing on the matter before Ayes: Noes: Absent: the Council, was adopted by the following roll call vote: Councilmen Strong, None Councilmen Rogers, Thomas, Barton, Bleecker, Medders He is e y First reading of an Ordinance of the Council of the City of Bakersfield amending Section 13.16.030 of Chapter 13.16 by adding Subsection (m) thereto, providing for modification of the Uniform Building Code, 1970 Edition, Volume I, relating to Flood or Mud Slide Hazards. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 13.16.030 of Chapter 13.16 by adding Subsection (m) thereto, providing for modification of the Uniform Building Code, 1970 Edition, Volume I, relating to Flood or Mud Slide Hazards. This Ordinance will add a Section to the Uniform Building Code, providing for review by the Director of Applications for Building Permits in flood hazard locations and requiring construc- tion design, materials and methods that will minimize or eliminate flood damage and authorizing the Director to deny certain permits where human life is endangered or where the construction is pro- hibited under flood plain zoning. It will be necessary to conduct noticed public hearing before the Ordinance may be adopted. 390 Bakersfield, California, June 24, 1974 - Page 6 Upon a motion by Councilman Thomas, the City Clerk was directed to cause Notice of Hearing to be published in the Bakers- field Californian for two successive weeks (July 5 and July 12) and set hearing for 8:00 P.M., July 22, 1974 in the Council Chambers of City Hall to consider adoption of an Ordinance of the Council of the City of Bakersfield amending Section 13.16.030 of Chapter 13.16 by adding Subsection (m) thereto, providing for modification of the Uniform Building Code, 1970 Edition, Volume I, relating to Flood or Mud Slide Hazards. Approval of Supplement No. 6 to Revision of Local Agency-State TOPICS Agreement No. 2. Upon a motion by Councilman Medders, Supplement No. 6 to Revision of Local Agency-State TOPICS Agreement No. 2, providing; for reconstruction and widening of Baker Street between Truxtun Avenue and the Southern Pacific Railroad, was approved. Approval of Plans for construction of Chain Link Fence for Lowell Park. Upon a motion by Councilman Medders, Plans for construc- tion of Chain Link Fence for Lowell Park were approved. Denial of Application for Encroachment Permit from the Salvation Army, 724 East 21st Street. The Public Works Department is recommending that this application be denied since the property owner has adequate space to place the transformer within their own property. The placing of the transformer adjacent to the sidewalk on King Street would also create an unnecessary hazard in the right of way. Upon a motion by Councilman Thomas, application for Encroachment Permit from the Salvation Army, 724 East 21st Street, was denied. Bakersfield, California, June 24, 1974 - Page 7 391 Approval of the City of Bakersfield's Federal-Aid Urban Program for Fiscal Year 1973-74 through Fiscal Year 1976-77. The Federal Highway Act of 1973 provided Federal Funds for expenditure on an urban system of streets and highways. To qualify for these funds, the urbanized area must have a cooperative process to produce a three year program identifying the local projects. The County of Kern is the lead agency for formulating the cooperative process. All projects in the program for the City have been bud- geted and approved by the City Council with the exception of a tentative, future project on Brundage Lane between Oak and "P" Streets. The proposed program has been reviewed by the Traffic Division. Upon a motion by Councilman Medders, the City of Bakers- field's Federal-Aid Urban Program for Fiscal Year 1973-74 through Fiscal Year 1976-77, the Bakersfield urbanized area boundary and the Federal-Aid Urban route system, was approved. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Bleecker, the meeting was adjourned at 9:15 P.M. Calif. ATTEST: C TY of the Council of the C~ty of Bakersfield, California ma