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HomeMy WebLinkAboutOCT - DEC 19721o 4 Bakersfield, California, October 2, 1972 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., October 2, 1972. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Donald Anderson of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Absent: None Minutes of the regular meeting of September 25, 1972 were approved as presented. Council Statements. Councilman Bleecker stated he wished to commend the Mercy Hospital on its plan to spend $115,000 on an expansion pro- ject to add 2400 square feet to the hospital for emergency facilities, which will include physicians and 24 hour attendants. The plans include a radio communications system between the hospital and the ambulance services in the area. This project will be accomplished with 100% private funds, there will be no Federal or State funds involved. Reports. Councilman Rees, Chairman, read a report of the Budget Review and Finance Committee, on HUD Grant application, to construct a storm drain in the Mayflower Tract area of southeast Bakersfield. On October 3, 1971, the City submitted a letter to HUD which indicated its needs in the field of community development and included a proposed storm drain projecf in the Mayflower Tract area of southeast Bakersfield and a proposed joint State, City and County drainage project in the same area, to be constructed in conjunction with the new Freeway 58 south of Brundage Lane. After submitting an original and subsequent revised applications to HUD on July 28, 1972, the City received notifica- tion that the grant request for $147,000 had been approved. Shortly thereafter the City was advised by the HUD staff that it could not contribute any funds toward that portion of the project which would 125 Bakersfield, California,, October 2, 1972 - Page 2 be done by the State Division of Highways as the grant agreement for the project would be with the City only and HUD would not have any control over that portion of the work completed by the State. HUD staff advised the City that the Mayflower tract area drain project would have to be split from the proposed freeway drainage project and that the City's matching funds would have to be other than those funds committed to the freeway drainage project, thus reducing the grant by $75,000 and increasing the City's portion by a like amount. The Budget Review and Finance Committee feels that HUD should abide by the provisions of the grant application which the Federal agency originally approved and recommends that the Mayor be authorized to correspond with the City's congressman and State senators to investigate the reason for this project not being funded as originally approved and why this decision has been made at this late date. Councilman Rees moved adoption of the report. During discussion, Councilman Rucker stressed the importance of receiving the full amount of this grant to alleviate the flooding situation in this particular area. Councilman Heisey commented that the City entered into this agreement in good faith, has kept its part of the bargain, and HUD is simply being asked to provide the funds as originally approved. Councilman Bleecker stated that the only formal notifi- cation of the granting of this application was received in writing, and if HUD doesn't intend to approve the project as originally submitted, the City should be informed in writing instead of by a telephone call. Councilman Whittemore commented that the official the City has been negotiating with in the HUD regional office is a typical example of a bureaucrat being given a great deal of authority through the Federal agency to step in and attempt to establish conditions for a City to follow before granting Federal funds for a project. The Council has stated individually and collectively Bakersfield, California, October 2, 1972 - Page 3 at various times that it does not want to accept grants under restrictive conditions. Councilman Whittemore agreed that the matter should be taken to the City's congressman and senators for clarification. Vote taken on Councilman Rees' motion to adopt the report carried unanimously. Councilman Rees, Chairman, read a report of the Budget Review and Finance Committee, regarding the possible expansion of the City's Wastewater Treatment Facilities at Plant No. 3, which serves the rapidly growing southwest area and includes the indus- trial park adjacent to Stine Road. One industry, Anheuser-Busch, Inc.~ has made a positive commitment to locate in this area and has scheduled operations to begin by September, 1973. In order to treat the high strength wastewater in large volumes that some industries produce, the staff has proposed an expansion of Plant No. 3 to fit present needs and any future expansion. Cost of the proposed expansion estimated at $250,000 can be financed by available sewer bond funds. This Committee believes this expansion fits the overall plan for providing the needed wastewater treatment for development in this area, that it should be done at this time, and recommends that the staff proceed with the expansion of Plant No. 3 and that the Mayor be authorized to execute service agreement with Anheuser- Busch for accepting and treating wastewater from its plant. Upon a motion by Councilman Rees, the report was adopted. Upon a motion by Councilman Bleecker, Resolution No. 62-72 of the Council of the City of Bakersfield authorizing and directing the Mayor to execute a Preliminary Wastewater Service Agreement with Anheuser-Busch, Inc. on behalf of the City, was adopted Ayes: Noes: Absent: by the following vote: Councilmen Bleecker, Heisey, Medders, Thomas, Whittemore None None Rees, Rucker, 127 Bakersfield, California, October 2, 1972 - Page 4 Councilman Rucker, Chairman, read a report of the Audi- torium and Recreation Committee~ in which it was recommended that request from Cal-State Bakersfield College for additional lighting at the Civic Auditorium in order to televise its 1972-73 basketball games, be approved, and thai appropriafe funds in amount of $2,500.00 be transferred from the Council Contingency Fund for this purpose. Upon a motion by Councilman Rucker, the reporf was adopted. Councilman Rucker, Chairman, read a report of the Audi- torium and Recreation Committee, in which it was recommended that the 1972-73 adult basketball entry fee be raised from $70 to $85 per team, and that a $2.00 registration fee be charged for the boys' and girls' gymnastics program. Upon a motion by Councilman Rucker, the report was adopted. City Manager Bergen repoi~edon last week's inquiry by Councilman Rees regarding the status of legislation to prevent water contamination such as occurred recently in the Westchester area, stating that he has been informed this incident happened because of the failure of an employee to follow existing regulations. Councilman Whittemore asked if the City could not require the installation of a check valve on this type of equipment, and Mr. Bergen stated that these companies are prohibited from connecting carried on the to the City water system, as normally water is operator's truck for pest control spraying. and Ayes: Noes: Absent: Consent Calendar. The following items are listed on the Consent Calendar: (a) Allowance of Claims Nos. 923 to 1023, inclusive, in amount of $25,720.52. (b) Claim for damages from Alice Henry (refer to the City Attorney). (c) Application for Encroachment Permit from Dennis Christy, 359 Olive Street. (d) Resurfacing a portion of University Avenue from Wenatchee Avenue to 200' east of Columbus Street, Bradley Street from Benton Street to South "H" Street, and frontage roads along Golden State Avenue at Garces Circle (Call for bids). Upon a motion by Councilman Medders, Items (a), (b), (c) (d) of the Consent Calendar were adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore None None 1o 8 Bakersfield, California, October 2, 1972 - Page 5 Action on Bids. It was moved by Councilman Rucker that low bid of Wardlaw Fire Equipment for Fire Hose be accepted and all other bids rejected. Councilman Bleecker questioned making the City's budget estimates available to vendors and contractors when bidding on materials and equipment. Mr. Bergen stated that all City records are public, however, the City does not provide this information unless it is requested. Mr. Hoagland stated there isn't any question but that budget items are a matter of public record. Capital Improvement Programs are reviewed by the Planning Commission and the City Council annually, it is necessary to know in general how much will be expended on each project and the preliminary estimates are public records. However, the final analysis of a project prior to calling for bids or even after receiving the bids, is not necessarily a public record. Councilman Heisey stated it has been his experience that contractors give very little credence to estimates prepared by architects or engineers, and he does not think it has any influence on the bid submitted. After additional discussion, vote taken on Councilman Rucker's motion to accept low bid of Wardlaw Equipment Company for Fire Hose, carried unanimously. Upon a motion by Councilman Medders, low bid of Clow Corp. for Fire Hydrants complete with Burys, was accepted and all other bids were rejected. Upon a motion by Councilman Whittemore, single bid received from KMY Construction Company for construction of Ramp at southwest entrance to City Hall, was rejected as being excessive, and the Finance Director was authorized to readvertise the project. Bakersfield, California, October 2, 1972 - Page 6 Deferred Business. Upon a motion by Councilman Thomas, Ordinance No. 2047 New Series of the Council of the City of Bakersfield amending Sub- Section A(5) and E of Section 15.04.080 of Chapter 15.04 of the Municipal Code concerning Mobile Home Park Design, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None First reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 9.10 to Title 9 of the Municipal Code concerning keeping of Wild Animals within the City. First reading was considered given to an Ordinance of the Council of the City of Bakersfield adding Chapter 9.10 to Title 9 of the Municipal Code concerning keeping of Wild Animals within the City. Proposal to change Council Meeting Night referred to the Governmental Efficiency and Personnel Committee for study and recommendation. This was the time set for Council consideration of a proposal to change the present meeting night. Councilman Whirremote pointed out that he is the City's representative on the Kern-Cog Committee and if Council meetings are changed to Tuesday nights, he would either miss one Council meeting a month, or the regular Kern-Cog meeting scheduled for the first Tuesday of the month. He suggested that since a number of holidays fall on Monday, that perhaps it would be a good idea to move those Council sessions to the following Tuesday night. Councilman Bleecker moved that the Bakersfield City Council meetings be changed to Wednesday night, stating that due to the press of business at his own office, any other night than Monday would be preferable to him. Councilman Thomas asked if a meeting twice a month would present a problem, and Mr. Bergen stated there would be no problem 130 Bakersfield, California, October 2, 1972 - Page 7 as plenty of time would then be allowed for preparation of minutes and the Council agenda. However, a Wednesday night meeting would necessitate altering the timetable for the preparation of minutes and the agenda and the delivery of the Council's packets. Councilman Rucker commented that he had no objection to retaining Monday night for Council meetings and Councilman Medders stated he felt the same way, Monday night is as good a night for him as any other. Councilman Heisey stated that personally he would very much like to see the meeting changed to Tuesday night, however, every change made will result in other changes along the line. He offered a substitute motion that the proposal be referred to the the Governmental Efficiency and Personnel Committee to study all ramifications of the matter and report back to the Council. motion carried unanimously. Adoption of Resolution No. 66-72 of the Council of the City of Bakers- field deleting the Council Meeting of October 16, 1972 and establishing Tuesday, October 10, 1972 and Tuesday, October 24, 1972, as regular meeting nights. This of the Council of the City of Bakersfield deleting the Council Meeting of October 16, 1972 and establishing Tuesday, October 10, 1972 and Tuesday, October 24, 1972, as regular meeting nights, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Councilman Bleecker asked the staff to prepare a calendar of holidays that fall on Monday for the Governmental Efficiency and Personnel Committee's consideration when it makes its review on the proposal to change the Council meeting night. Upon a motion by Councilman Thomas, Resolution No. 66-72 Bakersfield, California, October 2, 1972 - Page 8 Approval of Map of Tract No. 3623 and Mayor authorized to execute Contract and Specifications for Improvements in said Tract. Upon a motion by Councilman Thomas, the Map of Tract No. 3623 be, and the same is That all the easements, drives, street, place it is ordered that hereby approved: and road, and alley, shown upon said Map, therein offered for dedication be, and the same are hereby accepted for the purpose for which the same are offered for dedication. Pursuant to the provisions of Section 11587 of the Business and Professions Code, the Council of the City of Bakersfield hereby waives the requirements of signatures of the following: NAME NATURE OF INTEREST Tenneco West, Inc. (Formerly Kern County Land Co.) Mineral rights below a depth of 500 feet with no right of surface entry. Tenneco West, Inc. (Formerly Kern County Land Co.) The right to pass over and across said land for ingress to and egress from any lands of Kern County Land Company, which are not accessible from any public road, highway or over other lands of said com- pany as excepted and reserved in that Deed recorded May 27, 1960 in Book 3271 at Page 26, O. R., County of Kern. The Clerk of this Council is directed to endorse upon the face of said Map a copy of this order authenticated by the Seal of the City Council of the City of Bakersfield and the Mayor is authorized to execute the Contract and Specifications for Improve- ments in said Tract. Adoption of Resolution No. 63-72 of the Council of the City of Bakers- field fixing a time and place for hearing protests by persons owning real property within the territory designated as Kern River No. 1, pro- posed to be annexed to the City of Bakersfield. Upon a motion by Councilman Rucker, Resolution No. 63-72 of the Council of the City of Bakersfield fixing November 13, 1972 as the time for hearing protests by persons owning real property within the territory designated as Kern River No. i proposed to be 132 Bakers£ield, California, October 2, 1972 - Page 9 annexed to the City of Bakersfield, vote: Ayes: Noes: Absent: was adopted by the following Councilmen Bleecker, Heisey, Medders, Thomas, Whittemore None None Rees, Rucker, Adoption of Resolution No. 64-72 of Intention to include within the Greater Bakersfield Separation of Grade District a portion of certain territory designated as Kern River No. 1 and setting the time and place for objections to the inclusion of said territory within said District. Upon a motion by Councilman Rucker, Resolution No. 64-72 of Intention to include within the Greater Bakersfield Separation of Grade District a portion of certain territory designated as Kern River No. 1 and setting November 13, 1972 for hearing objections to the inclusion of said territory within said District, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: None Mr. Bergen requested the record to show that portions of the proposed Kern River No. 1 annexation located north of the river would not benefit by inclusion in the Greater Bakersfield Separation of Grade District. Councilman Heisey asked if it can be annexed to the District at some future date. Mr. Hoagland answered that he believed so, however, it would require a finding that the territory is benefited from the inclusion. The Board of Supervisors makes this determination, but up to this date the City has excluded all areas north of the river from the District. Councilman Bleecker asked if it would be appropriate to request the Board of Supervisors to reevaluate those areas north of it by an Council wished to go on record the river regarding inclusion in the District. Mr. Bergen said is his understanding that the Board of Supervisors will be asked the Greater Bakersfield Separation of Grade District to act on annexation to include the area north of the river. If the as requesting the District to be Bakersfield, California, October 2, 1972 - Page l0 expanded, it could do so. It is the thinking of the staff that a Grade Separation is needed at Chester Avenue and the Southern Pacific Tracks which can never be built until that area north of the river is included in the Grade Separation District. It is the Board of Supervisors which makes the determination to enlarge the boundaries of the District. Adoption of Emergency Ordinance No. 2048 New Series amending Chapter 4.04 of Title 4 of the Municipal Code, altering the boundaries of the politi- cal subdivisions (Wards) of the City of Bakersfield. Upon a motion by Councilman Bleecker, Emergency Ordinance No. 2048 New Series amending Chapter 4.04 of Title 4 of the Munici- pal Code altering the boundaries of the political subdivisions (Wards) of the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Thomas, Whittemore Noes: None Absent: None First reading of an Ordinance of the Council of the City of Bakersfield adding Sections 4.06.060 and 4.16.100 to Title 4 of the Municipal Code con- cerning residency requirements for certain City Officers. After discussion, first reading was considered Rucker, given to an Ordinance of the Council of the City of Bakersfield adding Sections 4.06.060 and 4.16.100 to Title 4 of the Municipal Code concerning residency requirements for certain City Officers. Hearings. This is the time set for public hearing before the on Resolution of Intention No. 878 of the Council of the Bakersfield, California, declaring its intention to order Mayor Hart declared the hearing open for public partici- No protests or objections being received, the public patton. Council City of the vacation of 17th Street, duly posted Commission. a portion of "K" Street between Truxtun Avenue and in the City of Bakersfield. This hearing has been and the vacation was recommended by the Planning Bakersfield, California, October 2, 1972 - Page ll hearing was closed tor Council deliberation and action. Upon a motion by Councilman Heisey, the public hearing was closed, and action on the matter deferred until placed back on the agenda by the staff, by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: None This is the time set for public hearing before the Council on Resolution of Intention No. 879 of the Council of the City ot Bakersfield, California, declaring its intention to order the vacation ot a sewer easement in Block 38 of Southern Addition, in the City of Bakersfield. This hearing has been duly advertised and posted and was recommended by the Planning Commission. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public hearing was closed £or Council deliberation and action. Upon a motion by Councilman Rucker, Resolution No. 65-72 ordering the vacation of a sewer easement in Block 38 ot Southern Addition, City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None This is the time set for public hearing before the Council in regard to a motion by the Planning Commission to amend Title 17 of the Bakersfield Municipal Code by ot that certain property in the City as 2323 Mr. Vernon Avenue. This hearing has been duly notices sent as required by law. filed in the City Clerk's office. changing the Land Use Zoning of Bakersfield commonly known advertised and posted and No written protests have been Bakersfield, California, October 2, 1972 - Page 12 At its regular meeting held September 6, 1972, the Planning Commission made a motion to change the zoning boundaries from an R-3-D Limited Multiple Family Dwelling - Architectural Design) Zone to an R-1-CH (Single Family Dwelling - Church) or more restrictive, Zone. It was the finding of the Commission that in order to facilitate any future expansion by this existing church without the delay in applying for a conditional use permit for new construction, that the zoning be changed to allow church facilities as a permitted use. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public hearing was closed for Council deliberations and action. Upon a motion by Councilman Rees, Ordinance No. 2049 New Series amending Title Seventeen of the Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 2323 Mt. Vernon Avenue, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Noes: None Absent: None There being no Council, upon a motion adjourned at 9:16 P.M. Thomas, Whittemore Adjournment. further business to come before the by Councilman Rucker, the meeting was MAYO Bakersfield, Calif. ATTEST: and ~x-Offi~cio Clerk of the Council of the City of Bakersfield, California 136 Bakersfield, California, October 10, 1972 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., October 10, 1972. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by David C. Patrick, Director of the Men's Social Service Center of the Salvation Army. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Medders, Rees, Rucker, Thomas, Whittemore Absent: Councilman Heisey Minutes of the regular meeting of October 2, 1972 were approved as presented. Scheduled Public Statements. Mrs. Ann Monroe, 236 North Stine Road, questioned various disbursements made during the month of August by the City of Bakers.- field, a list of which she had obtained from the Finance Department, and asked why the citizens of Bakersfield were taxed for this type of expenditure. Councilman Bleecker asked Mrs. Monroe for a copy of her statement and a copy of the remarks made to the Council at a previous meeting. Mr. David Gee, 207 Monterey Street, stated he is the ownel' of a six unit apartment at 405 "A" Street and has received a notice from the Public Works Department to move the trash cans for the apartments in order to conform to the Refuse Collection Ordinance. At the present time the garbage cans are located approximately 140 feet from the curbline. The locations suggested by the Public Works Department would result in the cans being placed underneath a bedroom window outside the front lawn or on a vacant lot which does not belong to him. He asked the Council to make an exception in his case and not force him to go to the expense of moving the trash cans as he has no other suitable place to locate them. During discussion, Councilman Rees stated that if an exception is made in one case, how can the Council refrain from granting similar demands by other taxpayers in the City. J_37 Bakersfield, California, October 10, 1972 - Page 2 Councilman Thomas stated he had looked at Mr. Gee's apartments with Director of Public Works Bidwell, and he would support Mr. Bidwell's recommendations that the cans be moved to within 100 feet of the curb as required by the ordinance. Councilman Medders commented that Mr. Gee has stated the refuse collectors were picking up rubbish from the cans in the present location when he bought the apartments and Mr. Gee was not aware he was in violation of the ordinance; therefore the Council should be flexible in this matter and not expect Mr. Gee to move the cans. Councilman Bleecker stated he thinks that government can bend at times~ and he would support Mr. Gee's position that the City should continue to pick up refuse from the present location. Councilman Thomas pointed out that if refuse collectors all over the City were required to walk 50% further, there would be an increase in taxes and payroll costs for this service. Councilman Rucker stated he was sympathetic with Mr. Gee's problem but in his opinion the City's ordinance should be enforced. Councilman Bleecker remarked that he can recall many instances in the past when the Council agreed unanimously to make exceptions in certain hardship cases, and did not always require strict conformance to an ordinance. He does not feel that any exception in this case would cause an increase in taxes or a flood of people coming to the Council asking for preferential treatment. The Refuse Collection Department should be operated in such a way that the people are satisfied, that the refuse collectors, too, must abide by certain rules and regulations. He favors the estab- lishment of work rules for all departments of the City and has recommended that the staff draw up specific work rules for employees, particularly since it is the obligation o£ the Council to deal with labor unions and employee associations. Councilman Rees asked the Public Works Director if this question arose through a complaint of the collectors or whether it was a matter of city administration. Mr. Bidwell stated that he 138 Bakersfield, California, October 10, 1972 - Page 3 was not positive, but he has looked at the problem very closely and it is just a matter of whether or not the Council wishes to make an exception in this case; however, he does not feel that it is warranted as there are many other situations that can arise if an exception were made in Mr. Gee's case. Mr. Bergen commented that whatever level of service the Council desires will be provided. The City of Bakersfield operates a very deluxe refuse service compared with the service offered in many other cities in the State. Possibly a ten or fifteen foot violation of the ordinance could be overlooked, but a 50% variance in the City's standard is very significant and would change the level of service the City is providing. There is a substantial difference in the cost of picking up rubbish based on the present 100 foot distance from the curb line and pickup at the curb. Councilman Whirremote stated that he was not prepared to debate on how much more it would cost to require refuse collectors to walk 50% further to pick up refuse, but he feels it is within the jurisdiction of the Director of Public Works to arrive at a fair and equitable solution which would be satisfactory to Mr. Gee. Mr. Bidwell stated he has talked to Mr. Gee on two separate occasions, supervisory personnel from the Sanitation Division has talked to him also, they have been on the property three or four times and have suggested locations which they think would be appropriate and would meet the requirements of the ordinance. However, Mr. Gee has a different opinion, the locations suggested by the City are not acceptable to him. At this point, Councilman Rees moved to terminate the discussion and continue with the City's business. Councilman Bleecker offered a substitute motion that the Council allow an exception in this particular case and grant Mr. Gee's request. This motion failed to carry by the following roll call Ayes: Noes: Absent: vote: Councilmen Bleecker, Medders Councilmen Rucker, Rees, Thomas, Councilman Heisey Whirremote J_39 Bakersfield, California, October 10, 1972 - Page 4 Birthday. Council Statements. Councilman Thomas Wished Councilman Rees a Happy Councilman Bleecker commented he is almost certain that if Mr. Gee had been accompanied by fifty or sixty people all haranguing the Council, the vote might have turned out differently. Councilman Whittemore stated that the action taken was based on the merits of Mr. Gee's request, not predicated on how many people were present in the audience. Councilman Rucker stated that if he had felt Mr. Gee's request was an appropriate one, he would have voted in favor of the motion to grant an exception. Reports. Councilman Rees, Chairman, read a report ot the Budget Review and Finance Committee, recommending that the staff obtain the necessary appraisals and enter into negotiations to either sell or trade a surplus one-half block now owned by the City on the south side of 17th Street between "F" and "G" Streets, in order to finance the acquisition of the lot on the southeast corner of Truxtun Avenue and "H" Street for the new Police Building. He moved adoption of the Committee's report. Councilman Bleecker commented that since he had not been privy to the information beforehand, in order to make up his own mind as to whether or not the acquisition of this additional property is necessary to complete the architect's idea of suffi- cient space for the new Police Building, he will have to abstain from voting on this motion. Councilman Medders stated that since he does not agree with this type of purchase, he will abstain also. Roll call vote taken on the motion to adopt the Committee's report carried as follows: Ayes: Noes: Absent: Abstain: Councilmen Rees, Rucker, Thomas, Whittemore None Councilman Heisey Councilmen Bleecker, Medders 140 Bakersfield, California, October 10, 1972 - Page 5 (d) and vote: Ayes: Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1024 to 1106, inclusive, in amount of $111,309.93. (b) Notice of Completion and Acceptance of Work on Paving of Parking Lots and Service Drives in Patriots Park. (c) Notice of Completion and Acceptance of Work in Tract No. 3607. (d) Sewer Line Easement from the American Lutheran Church. (e) Acceptance of Quitclaim Deed from Mary D. Maretich. Upon a motion by Councilman Medders, Items (a), (b), (c), (e) of the Consent Calendar, were adopted by the following Councilmen Bleecker, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: Councilman Heisey Action on Bids. Councilman Rucker made a motion to award the bid for the California Neighborhood Facility to Frank Terry Construction Company, Inc., reject all other bids and authorize the Mayor to execute the contract. He stated that it gave him great pleasure to make this motion after so many years of uncertainty as to whethe]- the plans for the structure would ever be finalized. Councilman Bleecker commented that some months ago a group of people had made certain promises to the Council that they would be willing to contribute private funds to furnish this facility. Councilman Rucker stated that it was his understanding the rental fees charged for the use of the building could be used to partially pay for the furniture in the facility. Mr. Bergen stated that during budget deliberations, a statement was made by interested groups that funds for furnishing the multi-purpose building would be raised when they received assurance that the building would be constructed. On the strength of that, the Council did not budget any money for that purpose. He stated that any revenue derived from the building will be used to help defray the maintenance expenses. 141 Bakersfield, California, October 10, 1972 - Page 6 Mr. Vernon Strong, Chairman of the Citizens Advisory Committee for the multi-purpose facility, addressed the Council, stating that during the meetings of this Committee there was some talk about members of the community raising money for furnishing this building; however, no formal commitment has been made pending the awarding of the contract by the Council which would assure that the building would indeed become a reality. There are no formal plans for raising money at this time, but since the Council has gone ahead with the facility, he is sure that the community will respond and plans will be put into operation immediately to raise the necessary funds to purchase furniture, which he believes was estimated to cost in the neighborhood of $32,000.00. Mr. Bergen reported that the staff will be holding a meeting with the architect this week and consistent with the responsibility in his contract and the City's interest, will be coming back to the Council in the near future with recommendations relative to the employment of a clerk of the works or an inspector during the construction of this building. Vote taken on Councilman Rucker's motion carried unanimously. Councilman Bleecker asked that Mrs. Ann Monroe be granted permission to speak on the subject of the California Park Neighbor- hood Facility. Mrs. Monroe asked what the building was going to be used for and why no one on the Council was opposed to spending the taxpayer's money to construct this building. Also, she asked the members of the Council if they had read certain material which had been sent to them a few weeks ago by Mrs. Edna Buster. Mayor Hart stated that the information sent to the Council had been received and noted. The California Park Neighborhood Facility is jointly financed by the Federal Government, the County and the City, and will be used for recreational and cultural purposes. He stated that he does not feel the members of the Council or the administrators of the City are wilfully spending money to achieve something that would give them personal pleasure over and above the service they are trying to render to the com- munity. Bakersfield, California, October 10, 1972 - Page 7 Mrs. Edna Buster asked the Council if they had read the material which she had sent them earlier. She said she is con- cerned about the children who will be federally supervised in the day care centers. Councilman Bleecker commented that he had read the material mentioned by Mrs. Buster and although he does not agree with everything in it, he is opposed to the use of this building for a federally financed child care center because it is strictly a political issue. Councilman Rucker stated that in his opinion the Federal Government has the right to assist minority children and their parents to achieve equal opportunities by the use of federal funds. Deferred Business. Upon a motion by Councilman Whirremote, Ordinance No. 2050 New Series of the Council of the City of Bakersfield adding Sections 4.06.060 and 4.16.110 to Title 4 of the Municipal Code concerning residency requirements for certain City Officers, was adopted by the following vote: Ayes: Councilmen Medders, Rees, Rucker, Thomas, Whirremote Noes: Councilman Bleecker Absent: Councilman Heisey Councilman Bleecker stated that although he realizes the Council must adopt this ordinance in order to comply with a Federal requirement, he will vote in the negative as he feels the City should have the prerogative to make its own rules for elected City Officials and he is opposed to changing the residency requirements. The Council considered proposed Ordinance of the Council of the City of Bakersfield adding Chapter 9.10 to Title 9 of the Municipal Code concerning keeping of Wild Animals within the City. Mr. Jeff Crider, a herpetologist, addressed the Council, stating that all reptiles are not dangerous and asked that the wording of the ordinance be changed to specify certain poisonous reptiles rather than to designate all snakes as being predatory. After discussion, Councilman Whittemore stated he would 143 Bakersfield, California, October 10, 1972 - Page 8 not wish to do an injustice to any one, although he does feel that an ordinance of this nature should be enacted. He then moved that action on the ordinance be deferred for two weeks and that it be referred to the City Attorney for re-evaluation. City Attorney Hoagland stated that Captain Bryant of the Fish and Game Commission is very interested in the City's efforts and if he is available, will be present at the next Council meeting to assist the Council in arriving at a decision on this ordinance. After additional Council discussion and comments from the audience, vote taken on this motion carried unanimously. Councilman Bleecker stated that in order to help the Council in its deliberations on this ordinance, he would like to see a copy of the Los Angeles ordinance regulating the keeping of wild animals. Adoption of Resolution No. 67-72 of Intention to approve an amendment to the Contract between the Board o£ Administration of the Public Employees' Retirement System and the City Council of the City of Bakersfield. Upon a motion by Councilman Bleecker, Resolution No. 67-72 of Intention to approve an Amendment to Contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Bakersfield, was adopted by the following vote: Ayes: Noes: Absent: Councilmen Bleecker, Medders, Rees, Rucker, Thomas, Whittemore None Councilman Heisey Adoption of Resolution No. 68-72 of the Council of the City of Bakers- field fixing a time and place for hearing protests by persons owning real property within the territory designated as Kern River No. 2 pro- posed to be annexed to the City of Bakersfield. Upon a motion by Councilman Rucker, Resolution No. 68-72 of the Council of the City of Bakersfield fixing November 20, 1972, in the Council Chambers o£ the City Hall as the time and place for hearing protests by persons owning real property within the territory 144 Bakersfield, California, October 10, 1972 - Page 9 designated as Kern River No. of Bakersfield, was adopted Ayes: Noes: Absent: 2 proposed to be annexed to the City by the following vote: Councilmen Bleecker, Medders, Rees, Rucker, Whirremote None Councilman Heisey Adoption of Resolution No. 69-72 of Intention to include within the Greater Bakersfield Separation of Grade Dis- trict a portion of certain territory designated as Kern River No. 2 and setting the time and place for hearing objections to the inclusion of said territory within said District. Thomas, Upon a motion by Councilman Rucker, Resolution No. 69-72 Intention to include within the Greater Bakersfield Separation Upon of the Council in the Council Ayes: Noes: Absent: Rees, Rucker, Thomas, Adoption of Resolution No. 70-72 of the Council of the City of Bakers- field fixing a time and place for hearing protests by persons owning real property within the territory designated as Kern River No. 3 pro- posed to be annexed to the City of Bakersfield. a motion by Councilman Rees, Resolution No. 70-72 of the City of Bakersfield fixing November 20, 1972, Chambers of the City Hall as the time and place for hearing protests by persons owning real property within the terri- tory designated as Kern River No. 3 proposed to be annexed to the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Bleecker, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: Councilman Heisey Councilmen Bleecker, Medders, Whittemore None Councilman Heisey by the following vote: of of Grade District a portion of certain territory designated as Kern River No. 2 and fixing November 20, 1972, in the Council Chambers of the City Hall as the time and place for hearing objections to the inclusion of said territory within said District, was adopted Bakersfield, California, October 10, 1972 - Page 10 145 Adoption of Resolution No. 71-72 of Intention to include within the Greater Bakersfield Separation of Grade District a portion of certain territory designated as Kern River No. 3 and setting the time and place for hearing objections to the inclu- sion of said territory within said District. Upon a motion by Councilman Rucker, Resolution No. 71-72 of Intention to include within the Greater Bakersfield Separation of Grade District a portion of certain territory designated as Kern River No. 3 and setting November 20, 1972, in the Council Chambers of the City Hall as the time and place for hearing objections to the inclusion of said territory within said District, was adopted by the following vote: Ayes: Councilmen Bleecker, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: Councilman Heisey Adjournment. There being no further business to come before the Council, upon a motion by Councilman Bleecker, the meeting was adjourned at 9:40 P.M. MAYOI~e~f ~Yhe Cirt~ of Bakersfield, Calif. ATTEST: CI ERK and f o C~erk of the Council of the City of Bakersfield, California 146 Bakersfield, California, October 24, 1972 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., October 24, 1972. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and Invocation by Councilman Walter Heisey. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Absent: None Minutes of the regular meeting of October 10, 1972 were approved as presented. Scheduled Public Statements. Mr. Warren Thompson, owner and Manager of Thompsons Pet Land, a business devoted to the sale of animals and birds as pets, stated he is very much concerned that if the Council should adopt the proposed Wild Animal Ordinance in its present form, it will restrict the ownership of unusual but safe pets and also damage his business. He would not object to a law which would restrict or control vicious animals that might present a potential danger to the inhabitants of the City, but he does object to an all- inclusive ordinance which would endanger his business survival and be unfair to the rights of citizens of the community to enjoy pets which may be out of the ordinary. He volunteered his services as a representative of his industry to try to work out an ordinance with the Council that the people in his business can live with and will not reduce the dollar volume of his business substantially. Mr. Ray Marcois, owner of Mandolyn Kennels, also objected to the proposed Wild Animal Ordinance. He feels that there are adequate laws at the present time to cover, he objects to the catch-all nature of the ordinance and he feels that this type of legislation sets a precedent and lends itself to further restriction in related fields. enforcement of an increase in taxes. this ordinance is given Finally, he feels that the administration and ordinance of this type would possibly create an He offered his services as a consultant when further consideration. Bakersfield, California, October 24, 1972 - Page 2 147 A third speaker, Mr. Harold Pearson, who lives at 2305 Charleston Street, defended the keeping of reptiles. At the present time his 18 year old son is touring the country giving lectures and exhibiting reptiles. He feels that snakes make fine pets, are harmless, interesting, do not bark or attack people. The aversion that most people have towards snakes is due to a general misunder- standing and an inherent fear of reptiles. Councilman Whittemore stated that when this matter came before the Council at the last meeting, he asked that it be deferred for two weeks in order to hear from those people who are knowledge- able on the subject. He feels that a Council committee should meet with persons experienced in this field and come back with a report to the entire Council. The Council should adopt some type of ordinance but it should not be so restrictive as to prohibit keeping certain types of pets or interfere with the hobbies of young people. Councilman Rees commented that he understood the City Attorney had prepared a revision to the ordinance submitted to the Council for consideration two weeks ago which deletes all reference to reptiles. Mr. Hoagland said he has revised the proposal since it was discussed at the last meeting and any restriction on the keeping of dangerous reptiles has been deleted. Councilman Bleecker stated that in his opinion the problem is the all-inclusive language in the ordinance and he asked who determines whether an animal is vicious or dangerous, and why all wild animals weren't listed in the ordinance. Mr. Hoagland replied that possibly they should have specified many more animals, but the ordinance was prepared banning those that obviously should not be allowed in the City. Councilman Bleecker asked where the request for the ordinance originated. Mr. Hoagland stated that the Police Dpeart- merit requested the ordinance due to the development of problems in the City parks and several incidents where a pet wild animal had either frightened or bitten children. Bakersfield, California, October 24, 1972 - Page 3 Captain Barney Bryan of the California Fish and Game Department, stated that he had come to the meeting only as an observer and hadn't intended to become involved in the discussion. His concern with the City's ordinance is that it might conflict with State laws regarding mountain lions and cougars, and also poisonous snakes. He suggested that the City avoid any overlaps in jurisdiction. The State does list the species of animals which can be legally possessed with a permit from the Fish and Game Commission. It is entirely possible that some pet owners in Bakersfield are in violation of the law at the present time. His principal concern is with native species and some of the exotic specimens which the State does not want released in the wilds, either by accident or on purpose. Also, some of the animals may come under Federal jurisdiction as far as importation is concerned. Councilman Heisey stated that this discussion has been very illuminating and he is sure the Council does want to protect the citizens of Bakersfield from dangerous or vicious animals roaming in City parks, even on leashes. He then moved that the matter be referred to the Business Development and Parking Committee to work with the City Attorney and the Police Department to draft an ordinance which.would be acceptable, and report back to the Council. Mayor Hart commented that he would recommend that the Council committee contact both Federal and State authorities in order to avoid any over-lapping of legislation regarding the keeping of wild animals in the City. Councilman Bleecker agreed that the ordinance needs more evaluation and as Chairman of the Business Development and Parking Committee he would welcome the attendance of Mr. Thompson and others with experience at the Committee meeting to discuss the matter thoroughly before making any recommendation to the Council. He suggested that the City Attorney obtain copies of similar ordinances from other cities for study by the committee prior to holding any meetings. Vote taken on Councilman Heisey's motion carried unanimously. 149 Bakersfield, California, October 24, 1972 - Page 4 Correspondence. Communications were read from Senator John V. Tunney and Congressman Bob Mathias, in which they assured Mayor Hart that they have contacted the Department of Housing and Urban Development detailing the pertinent facts and events surrounding the application which the City of Bakersfield submitted to HUD for a storm drain project in the Mayflower Tract area of southeast Bakersfield and asking why the project was not funded as originally approved. As soon as any word is received from HUD, they will contact Mayor Hart. A letter was read from Mrs. Henry H. Collins thanking the Mayor and the citizens of Bakersfield for the proclamation sent to her in memory of her late husband, the Reverend Henry H. Collins, a former Councilman. Upon a motion by Councilman Rucker, the communications were ordered received and placed on file. Council Statements. Councilman Rees stated that after the last Council meeting he was confronted by a young man who asked him many questions and made many suggestions. One suggestion was that after the con- clusion of the business of the Council an open forum be held so that everyone present in the audience could join in the discussion. Councilman Rees stated he feels that the City's present ordinance which permits public statements at the beginning of the Council meeting and gives the presiding officer the latitude to allow anyone to speak whenever he feels it is pertinent, is a good one, and he submitted the idea of an open forum to the Council for discussion. Mayor Hart commented that he would respond to it by saying that currently the Council has a tradition and procedure to follow and he intends to abide by it until it is changed. Parliamentary procedure permits the chair to exercise its wisdom to determine who will or will not speak and also any person wishing to be heard will be recognized upon a request of any Councilman. Beyond that, he has no desire to participate in any open discussion or forum which traditionally takes place in committee meetings 150 Bakersfield, California, October 24, 1972 - Page 5 which are open to public participation. He is not trying to shirk his responsibility, but until he is informed that he is making a mistake in exercising this wisdom, he will continue to operate under parliamentary procedures. Councilman Heisey asked the City Manager to schedule a meeting of the Citizen's Freeway Advisory Committee in order to bring the Committee up to date on current developments. Councilman Heisey stated that he had been notified by his appointee, Mr. Don Whipple, that he did not wish to be re- appointed to the Board of Charity Appeals and Solicitations. He placed in nomination the name of Brad G. Bainbridge, 100 Lincoln Street, to replace Mr. Whipple on this Board. He reviewed Mr. Bainbridge's background which he feels qualifies him for appoint- ment to the Board. Vote taken on Councilman Heisey's nomination of Mr. Brad Bainbridge to serve as a member of the Board of Charity Appeals and Solicitations for a four year term expiring October 1, 1976, carried unanimously. Councilman Rucker moved that Dr. Stephen Montgomery be reappointed to the Board of Charity Appeals and Solicitations. Councilman Medders offered a substitute motion that the four other members of the Board of Charity Appeals and Solicitations whose terms expired October l, 1972, be reappointed for a four year term expiring October 1, 1976. These members are: Mrs. Margaret Ackermann 2701 Beech Street E. Merle Foster 13 Columbus Street Donald S. Hopkins 24 Cypress Street Dr. Stephen Montgomery 123 Miner Street Vote taken on the substitute motion carried unanimously. Mayor Hart stated that he receives numerous phone calls from people in the community asking for an interpretation of the propositions and proposed laws which will be voted upon at the November 7, 1972 election. He stated that he hopes people will write their representatives in Sacramento or in Washington requesting that they compose proposed legislation in lay terms and phraseology Bakersfield, California, October 24, 1972 - Page 6 151 that the average person can understand in order to He commended the newspapers for spelling out the details the measures on the ballot which are so confusing to the voter. The (b) (c) (d) (e) (d) and vote: Ayes: Consent Calendar. following items are listed on the Consent Allowance of Claims Nos. 1107 to 1292, inclusive, in amount of $196,166.65. Approval of Plans and Specifications for Painting Claraetors at Sewage Treatment Plant No. 2. Request of Robert S. Dickson to con- nect property to the City Sewer System (refer to Planning Commission). Notice of Completion of Tract 3419 located at South Real Road and Kennedy Avenue. Approval of Plans and Specifications for the Construction of a Lighted Game Court Area at Centennial Park. vote intelligently. of some of average Calendar: Report Project was submitted to the received. Noes: None Absenf: None Action on Bids. Upon a motion by Councilman Rucker, Paint Company for annual contract maintenance were accepted, all other bids were rejected, authorized to execute the contract. Submittal of the Environmental Impact Report (EIR) on Blocks 286 and 287 of the Downtown Redevelopment Project to the Council for consideration. Upon a motion by Councilman Heisey, Environmental Impact (EIR) on Blocks 286 and 287 of the Downtown Redevelopment Council for consideration and ordered low bid of Sequoia paint and supplies and the Mayor was Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Upon a motion by Councilman Medders, Items (a), (b), (c), (e) of the Consent Calendar, were adopted by the following 152 Bakersfield, California, October 24, 1972 - Page 7 Approval of Agreement with Stockdale Development Corporation setting forth Stockdale Development Corporation's share of costs of landscaping New Stine Road between Ming Avenue and Wilson Road, and Ming Avenue between New Stine Road and Ashe Road. Upon a motion by Councilman Thomas, Agreement with Stock- dale Development Corporation setting forth its share of costs of landscaping New Stine Road between Ming Avenue and Wilson Road, and Ming Avenue between New Stine Road and Ashe Road, was approved and the Mayor was authorized to execute the contract. Approval of Plans and Specifications for Construction of Median Island Planters on New Stine Road from Ming Avenue to Wilson Road and on Ming Avenue from New Stine Road to Ashe Road. Upon a motion by Councilman Thomas, the plans and speci- fications were approved and the Finance Director was authorized to advertise for bids for construction of Median Island Planters on New Stine Road from Ming Avenue to Wilson Road and on Ming Avenue from New Stine Road to Ashe Road. Approval of Extension of Lease Agree- ment with Albert L. and Shirley Phillips. Upon a motion by Councilman Rucker, extension of Lease Agreement with Albert L. and Shirley Phillips for the purpose o£ grazing cattle, under the same terms and conditions of the lease dated October 24, 1969, was approved. Adjournment. There being no further business to come before the Council, motion by Councilman Whittemore, the meeting was adjourned al: upon a 9:00 P.M. MAYOR~~~sfield, Calif. ATTE ST: CIT~Y ~L~E~-K~a~nd'~gx-Ofki~rk of the Council of the City of Bakersfield, California Bakersfield, California, October 30, 1972 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., October 30, 1972. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Captain David Patrick of the Salvation Army. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Absent: None Minutes of the regular meeting of October 24, 1972 were approved as presented. Correspondence. Copies of a communication from Mr. Harry E. Berg calling attention to a used Kawai Concert Grand Piano which could be pur- chased for use at the Civic Auditorium, were furnished to all members of the Council. Council Statements. Councilman Bleecker commented that it is seldom a group of citizens will join with the City in sharing the cost to con- struct a worthwhile project; however, through proceeds from pancake breakfasts, buffet dinners and donations both large and small, the Community House of Bakersfield has accumulated $~002.06 to con- tribute as its share of the cost of expanding the parking at Central Park. During budget sessions, the Council budgeted $8,000.00 for this purpose, the preliminary estimate has been set at $6,500.00, and with the contribution from Community House the City will be expending only $3,500.00 for this project. This type of effort should be commended by the Council, as it shows when people are really interested in accomplishing something, they can work with government to do so. Councilman Rees commented that perhaps it would be appropriate to have the Mayor send a letter of thanks to the Board of Directors of Community House for its contribution toward the expansion of the parking at Central Park. Mayor Hart stated this can be done at the time action is taken on this matter. 154 Bakersfield, California, October 30, 1972 - Page 2 Councilman Heisey asked the City Manager to request the Traffic Authority to explore the feasibility of extending the traffic signal arm at 18th and "Q" Streets out into the inter- section so it can be seen by cars going west on 18th Street, as there have been numerous accidents in that area. Councilman Heisey commented that the City is derelict in its duties to allow a major thoroughfare such as Golden State Highway and a couple of blocks of Union Avenue to become blighted in appearance, he feels it is the City's responsibility to main- tain this area, if the State is not going to do so. He asked the staff to investigate this condition and come back to the Council with a recommendation. Councilman Rees stated that the City Attorney to study ordinances the Council recently requested from other cities regarding dog control. He has been informed that the County is now in the process of negotiating with the Society for the Prevention of Cruelty to Animals to take over the entire operation of the dog pound, so the City might very well suspend any action on revision of the City's ordinance pending the completion of such an agreement. Mr. Hoagland stated that the County has been working on this for several years and it looks as though an agreement will be reached finally for the operation of the dog pound, in which event the City's role will be mitigated for that purpose. He does not think the problem of vicious dogs will ever be solved unless there is much more enforcement, more personnel to enact enforce- ment. He is not saying that the enforcement is inadequate from the standpoint of not doing the job, but from the standpoint of lack of personnel to perform the function. However, the City's ordinances are adequate in that respect. Councilman Rees stated that he would like to see the matter held in abeyance until such time as the County works out an agreement for the operation of the dog pound. Bakersfield, California, October 30, 1972 - Page 3 Reports. Councilman Bleecker, Chairman of the Business Development and Parking Committee, read a report stating that as a result of a request by the Downtown Business Association, the Committee has studied the feasibility of extending the present parking mall to the 1200 and 1700 blocks of 19th Street. In addition, the Committee has reviewed a Police Department recommendation to delete that portion of the present parking mall south of 18th Street. Since the 1200 block of 19th Street is the only block east of the existing mall which possibly could use additional parking, this Committee does not recommend extending the present parking mall on a one block basis. In regard to the recommendation to delete that portion of the present parking mall south of 18th Street, it appears that the needed relief for parking in this area no longer exists. For the above reasons and the added fact that the in- creased traffic demands to be Building complex will require two-way traffic, the Business generated by the Bank of America that 17th Street be reopened to Development and Parking Committee recommends adoption of this report and that ordinance to delete that portion of the parking mall south of 18th Street be considered given first 'relading. In order to avoid any inconvenience or con- fusion during the approaching holiday season, the ordinance will not become operative until January 2, 1973. Councilman Bleecker then moved adoption of the report and all recommendations contained therein, which carried unanimously. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1293 to 1333, inclusive, in amount of $32,865.12. (b) Notice of Completion of Tract 3546 located at the intersection of Ming Avenue and New Stine Road. (c) Notice of Completion of Tract 3519 located at the intersection of Stockdale Highway ,and Cherry Hills Drive. 156 Bakersfield, California, October 30, 1972 - Page 4 (d) Notice of Completion of Work on paving of Vernal Place between Richland Street and the Kern Island Canal. (e) Notice of Completion of Work on Stine Road between Southern Pacific Railroad and White Lane. (f) Notice of Completion of Tract 3494 located at the intersection of Wilson Road and New Stine Road. (g) Notice of Completion of Work for Con- struction of a Right Turn Lane on Oak Street at California Avenue. (h) Acceptance of Work and Notice of Com- pletion of Contract 15-72 for Improve- ment of New Stine Road between Sundale Avenue and Ming Avenue and Improvement of Ming Avenue between New Stine Road and Stine Road. Upon a motion by Councilman Medders, Items (a), (b), (c), (d), (e), (f), (g) and (h) of the Consent Calendar, were adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Action on Bids. Upon a motion by Councilman Medders, bids for trucks on Items 1 and 5 were awarded to Jensen International; Items 2 and 4 to Three-Way Chevrolet; Items 6 and 7 to Haberfelde Ford, and all other bids were rejected. Action on Emergency Ordinance of the Council of the City of Bakersfield adding Chapter 1.10 to Title 1 of the Municipal Code providing for furnishing by private persons of pertinent data to aid in formulation of Environmental Impact Reports by City deferred for one week. Councilman Rees asked the City Manager for an explanation of proposed Emergency Ordinance adding Chapter 1.10 to Title 1 of the Municipal Code providing for furnishing by private persons of pertinent data to aid in formulation of Environmental Impact Reports by the City. Mr. Bergen stated that the California Environmental Quality Act of 1970 requires the City to submit environmental Bakersfield, California, October 30, 1972 - Page 5 reports, and this ordinance will require developers to furnish the necessary information on a particular project as a condition for approval of a zone change or issuance of a building permit. At this time the City Clerk read the Emergency Ordinance in its entirety into the record. Councilman Whirremote asked the City Attorney if the developers or persons making application are required to prepare their own impact reports and submit them to the City for checking. Mr. Hoagland stated this is not the responsibility of the developer, the City is specifically required to prepare and submit the environ-. mental reports. Councilman Whittemore stated he understands that the County of Los Angeles, and more recently the County of Kern, have added personnel to authenticate these reports which are first prepared by private persons seeking city approval or permits, that the County is not compiling the information itself. Mr. Hoagland stated that this could very well be true, however, the City has not completed the guide lines for the actual preparation of these reports, and further study is necessary before this can be done. It would seem logical after the determination has been made the project has a significant impact, that the developer or applicant prepare the report for authenticating. Councilman Whittemore stated that he can see a real problem with the development going on in the City at the present time, for the City to provide the staff to prepare these reports, as it can become a very costly operation. In his opinion the applicant should bear the cost of the report not the taxpayers. Councilman Thomas agreed that this additional cost to the City should not be paid by the taxpayers. Mr. Hoagland stated that the proposed ordinance is needed to get the pertinent data and possibly another ordinance can be adopted later to require the developer to prepare the report. Councilman Rees asked who determined that a private pro- ject had a significant impact on the environment. Mr. Bergen stated it is usually the agency granting the permit who makes this evaluation. They hope to have more firm 158 Bakersfield, California, October 30, 1972 - Page 6 guidelines for adoption by the Council within two weeks to a month, as this is a mobile type of situation, requirements are changing rapidly from week to week. The responsibility lies with the Building Director and the Planning Director to make the decision whether or not an EIR is required, and the proposed emergency ordinance will make it clear to the developer that the City is attempting to comply with the California Environmental Equality Act by requiring him to supply whatever information or data the City may need in the formulation of the impact reports. Mr. Bergen suggested that if action is deferred, this be considered first reading of the ordinance. Councilman Whittemore asked if there is any recourse on the part of the developers; if there are any provisions which would require an individual or organization who may challenge a project, to put up a bond in the event that a suit was filed and the project was later approved by the Court. Mr. Hoagland stated that as far as he knows there is nothing; however, if the developer were injured, he possibly could countersue for damages. Submitting an EIR does not guarantee that a group won't later file suit against a particular project. Councilman Bleecker commented that he cannot see the need for this emergency ordinance. If the developer does not answer all the questions asked or does not furnish the information requested, the staff can refuse to issue a permit. Mr. Hoagland stated that this ordinance is designed to aid the developer. The City has not determined which projects will require impact studies, only that review is mandatory in all cases where there is a significant environmental impact. He suggested that the matter be held over for a week to obtain more information for the Council since so many questions have been asked about the ordinance. Councilman Heisey moved that this be considered first reading of the ordinance and that action be deferred for one week. This motion carried unanimously. Bakersfield, California, October 30, 1972 - Page ? 159 Mayor Hart recognized the presence of Professor Richard J. Stillman and his public administration students from Cal State College who were observing the Council meeting. Approval of Contract between the City of Bakersfield and Transit Ads, Inc. Upon a motion by Councilman Rees, Contract between the City of Bakersfield and Transit Ads, Inc., was approved and the Mayor was authorized to execute same. Acceptance for filing of Addendum to California Avenue Park Neighborhood Facility application. Upon a motion by Councilman Rucker, Addendum regarding environmental impact of the California Avenue Neighborhood Facility, was accepted for filing with the application. Approval of Letter of Agreement by and between the City of Bakersfield and the Kern County Coundil of Governments (KCOG) in regard to Seismic Safety Plan Element preparation. Upon a motion by Councilman Whirremote, Letter of Agree- ment by and between the City of Bakersfield and the Kern County Council of Governments (KCOG) to prepare Seismic Safety Plan Element for the City was approved, and the Mayor was authorized to execute same. Approval of Contract with Floyd Horne to provide inspection service during construction of the California Avenue Park Neighborhood Facility. Upon a motion by Councilman Rees, contract with Floyd Horne to provide inspection service during construction of the California Avenue Park Neighborhood Facility was approved, and the Mayor was authorized to execute same. Approval of Plans for Expanding Parking at Central Park. Upon a motion by Councilman Bleecker, the plans were approved and the Finance Director was authorized to advertise for bids for the expansion of the parking at Central Park. Contribution of $3,000 from the Community House of Bakersfield to assist the City in paying for this project was accepted, and the Mayor was requested to send a letter to Mr. T. Robert Spawn, President of the Executive Board of Community House, for the contribution and spirited effort shown in providing this significant taxpayers. for the public savings to the 160 Bakersfield, California, October 30, 1972 - Page 8 Hearings. This is the time set for public hearing before the Council on an Ordinance amending Chapter 13.56 of, and adding Chapter 13.68 to, Title 13 of the Municipal Code, concerning Building and Con- struction Regularions and Standards; adopting by reference the Uniform Electrical Code, 1971 Edifion, and National Electrical Code, 1971 Edition; and adopting by reference the Uniform Building Codes Accumulative Supplement, 1972. This hearing has been duly adver- tised and no protests or objections have been filed in the City Clerk's office. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public hearing was closed for Council deliberation and action. Building Director Olsson stated that the electrical contractors and unions concerned had been notified and furnished with a copy of the pro- posed ordinance. Upon a motion by Councilman Rucker, Ordinance No 2051 New Series amending Chapter 13.56 of, and adding Chapter 13.68 to, Title 13 of the Municipal Code, concerning Building and Con- struction Regulations and Standards; adopting by reference the Uniform Electrical Code, 1971 Edition and National Electrical Code, 1971 Edition, and adopting by reference the Uniform Building Codes Accumulative Supplement, 1972, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore for public hearing before the Council on Resolution of 880 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of a Public Service Easement in Tract No. 2268 between Lots 21 and 22, in the City of Bakersfield. This hearing has been duly advertised and the property posted. The vacation was requested by property owners in the area and was approved and recommended by the Planning Commission. Noes: None Absent: None This is the time set Intention No. Bakersfield, California, October 30, 1972 - Page 9 Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public hearing was closed for Council deliberation and action. Councilman Thomas voiced a protest for his. 11 year old brother to the closing of this easement. Upon a motion by Councilman Whittemore, Resolution No. 72-72 ordering the vacation, was adopted by the following vote: Ayes: Medders, Rees, Rucker, Councilmen Bleecker, Heisey, Whittemore Noes: Absent: None This is on Resolution of Councilman Thomas the time set for public hearing before the Council Intention No. 881 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of a portion of Inyo Street in the City of Bakersfield. This hearing has been duly advertised and no protests or objections were received in the City Clerk's office. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Rucker, Resolution No. 73-72 ordering the vacation was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas~ Whittemore Noes: None Absent: None The Council returned to item on the Agenda regarding the filing of the Environmenfal Impact Report (EIR) on Blocks 286 and 287 of the Downtown Redevelopment Project. For the record, Mr. Bergen recapped the events leading up to this action, stating that on October 24, 1972, at 12 o'clock noon, separate meetings were held by the Bakersfield Redevelopment Agency and the Planning Commission, at which time the EIR for the Bank of America project was submitted to the members. At the Council meeting held that evening, the EIR was submitted to the members of the Council. On Bakersfield, California, October 30, 1972 - Page 10 October 30, 1972, at twelve o'clock noon, the Bakersfield Redevelop- ment Agency held a special meeting for the purpose of filing, with any amendments, Enivornmental Impact Report on Blocks 286 and 287 of the Downtown Redevelopment Project, and the Planning Commission held a separate meeting for the same purpose at 1:30 P.M. At both meetings statements regarding the inadequacy of proposed Environmental Impact Report for Arcon, Inc., and Bank of America office and retail complex were filed by Mrs. Joy Lane, Research Analyst for the Project Land Use Task Force. Mr. Bergen read the table of contents and the conclusion of the 11 page statement submitted to the two bodies. The Council recessed its regular meeting at 9:30 P.M. The Council reconvened at 9:40 P.M., and studied a report prepared and submitted by Mr. Harold E. Bergen, City Manager and Community Development Director, after consideration of comments from the public on the proposed Environmental Impact Report sub- mitted October 24, 1972. Mayor Hart stated that the Council, in conjunction with the Bakersfield Redevelopment Agency, the Planning Commission and the Board of Zoning Adjustment, would hold a public discussion on the EIR and that comments or inquiries would be welcomed from the audience. Mr. Joe Davis, Vice-Chairman, called the adjourned the Planning Commission to order. The Secretary special meeting of called the roll as Present: Absent: follows: Joe H. Davis Dean A. Gay Burr Baldwin Dr. James L. Frederickson H. Alston Thomas Albert C. Lum Kenneth E. Vetter 163 Bakersfield, California, October 30, 1972 - Page 11 Mr. Vincent Casper, Vice-Chairman, called the adjourned special meeting of the Bakersfield Redevelopment Agency to order. The Secretary called the roll as follows: Present:Vincent Casper Bill Lee Ralph H. Poehner James L. Stewart Theton Taber Absent: Robert E. King Dr. Glenn D. Puder Mr. Eugene Jacobs, Legal Consultant to the Bakersfield Redevelopment Agency, stated that an Environmental Impact Report was prepared and submitted to the Redevelopment Agency and the Planning Commission a week ago with regard to the office and retail complex proposed to be constructed by Arcon, Inc. and the Bank of America on the block bounded by Truxtun Avenue, Chester Avenue, 17th Street and "K" Street, and was to be submitted to each body and the Council for filing today. An eleven page document entitled a "Statement by Project Land Use Task Force regarding Inadequacy of proposed Environmental Impact Report for Arcon, Inc. and Bank of America Office and Retail Complex," prepared under the names of Joy Lane, Frederick A. Lane, M.D., Elizabeth Fontaine and Joe Fontaine, was submitted to both bodies at separate special meetings held today. After considera- tion of these comments, a reaction to this written statement was prepared today under the direction of Harold Bergen, City Manager and Community Development Director of the City of Bakersfield. Mayor Hart asked if anyone in the audience wished to comment on the proposed Environmental Impact Report which was submitted last week to the Redevelopment Agency, the Planning Commission and the Council, or conunent on statement filed by Mrs. Joy Lane and associates. No one in the audience requesting to be heard, the Mayor closed the public portion of the meeting. Mr. Jacobs summarized the Environmental Impact Report prepared and submitted in reaction to the comments contained in report filed by Project Land Use Task Force. 164 Bakersfield, California, October 30, 1972 - Page 12 Mr. Jacobs stated that the Environmental Impact Report now consists of the 11 page answer to the statements of the Project Task Force, the original EIR submitted on October 24, 1972 to which has been added the Minutes of the Planning Commission acting on the plans of Arcon, Inc., the Notice of Decision and Minutes on this matter of the Board of Zoning Adjustment, and the eleven page statement of the Project Task Force filed with the Redevelopment Agency and the Planning Commission today. Pages 16, 24 and 28 of the original report have been changed, and the oversized map has been reduced in size but is on a similar scale. Mr. Jacobs submitted Resolutions to be adopted in which each body states that it hereby approves and adopts the Environ- mental Impact Report, also that each body after considering all negative and positive environmental impact, finds that the subject office and retail complex would not impact on the environment, but will significant impact on the economics have a significant adverse have a very beneficial and of downtown Bakersfield. Upon a motion by Commissioner Baldwin, Commissioner Thomas, Resolution No. 5-72 of the of the City of Bakersfield approving the Environmental Impact Report for the Office and Retail Complex on the block bounded by Truxtun Avenue, Chester Avenue, 17th Street and K Street, was adopted by the following roll call vote: Ayes: Commissioners Baldwin, Davis, Frederickson, Gay, Thomas Noes: None Absent: Commissioners Lum, Vetter Upon a motion by Mr. Taber, seconded by Mr. Stewart, Resolution No. RA7-72 of the Bakersfield Redevelopment Agency of the City of Bakersfield approving the Environmental Impact Report for the Office and Retail Complex on the block bounded by Truxtun seconded by Planning Commission Bakersfield, California, October 30, 1972 - Page 13 165 Avenue, Chester Avenue, the following roll call Ayes: Noes: Absent: 17th Street and K Street, was vote: Agency Members Casper, Lee, Poehner, Stewart, None Agency Members King, Puder 74-72 of the Council Environmental Impact the block bounded by and K Street, was adopted by Councilmen Bleecker, Ayes: Noes: Absent: adopted by Taber Upon a motion by Councilman Whittemore, Resolution No. of the City of Bakersfield approving the Report for the Office and Retail Complex on Truxtun Avenue, Chester Avenue, the following roll call Heisey, Medders, Rees, Thomas, None None There being no Whittemore 17th Street vote: Rucker, Adjournment. further business to come before the Council, the Bakersfield Redevelopment Agency, the Planning Commission or the Board of Zoning Adjustment, upon a motion by Councilman Medders, the meeting was adjourned by Mayor Hart at 10:10 P.M. MAY( ty of Bakersfield, Calif. ATTEST: ~''~ ' ~--'~ of the Council of the City of Bakersfield, California 166 Bakersfield, California, November 6, 1972 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P. M., November 6, 1972. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Walter Heisey. Present: Absent: Mayor Hart. None Minutes of Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore the regular meeting of October 30, 1972 were approved as presented. Scheduled Public Statements. Mr. Rayburn S. Dezember, President of the Greater Bakers- field Chamber of Commerce, read a Resolution of the Board of Directors of the Chamber publicly commending the City Planning Commission, the Redevelopment Agency and the City Council for their devotion to duty in complying with State court rulings affirming their consideration for the environment, and thereby paving the way for the development of the Bank of America building, signaling the rebirth of downtown Bakersfield. Councilman Heisey commented that the City staff should be praised for the speed and efficiency with which the Environmental Impact Study was prepared for this project. Correspondence. Upon a motion by Councilman Rucker, notice of regular meeting of the South San Joaquin Division of the League of Cali- fornia Cities to be held in Clovis on November 17, 1972, was received and ordered placed on file. Upon a motion by Councilman Whittemore, communication from the State Division of Highways requesting the Council to determine whether Route 58 Freeway will sever any County non- motorized route or that a reasonable alternate route does exist for any route so severed and that such route is consistent with the City's Master Plan for such facilities, was received and referred to the Administrative Staff for study. Bakersfield, California, November 6, 1972 - Page 2 167 Council Statements. Councilman Bleecker stated that he had received a number of telephone calls from people who have not received their sample ballots for the general election tomorrow, and he asked the press to publicize the fact that a registered voter can call the County Clerk's office and obtain the location of his polling place. Councilman Rucker commented regarding the construction of the California Avenue Park Multi-Purpose Facility, stating that he hopes the contractor for this project will employ as many of the residents from this low income area as possible, as there are many unemployed residents in the southeast part of the City. Councilman Medders moved that the City Manager and the Director of Public Works be requested to devise a plan whereby the citizens of Bakersfield would be offered the opportunity to engage in an annual clean-up week, with the City furnishing the equipment to haul away junk and rubbish from a designated location. The motion carried unanimously. Councilman Rucker stated the residents of the southeast area of the City will welcome the opportunity to dispose of the accumulated rubbish by a clean-up program sponsored by the City. Reports. Councilman Rees, Chairman of the Budget Review and Finance Committee, reported on the subject of the Dog Pound Agree- ment and Lease with the County of Kern, stating that the County has indicated it is nearing agreement with the Bakersfield Society for the Prevention of Cruelty to Animals to construct and provide pound facilities on the SPCA's property at 4401 Edison Highway. Pending the completion of a new shelter facility, the Society will assume, as subcontractor to the County of Kern, the operation and maintenance of the existing City Dog Pound. It is necessary for the City to enter into a new agree- ment and lease with the County for the operation of the City Dog Pound, which will provide for termination and supersedure of a lease of the entire premises and facilities to the County and 168 Bakersfield, California, November 6, 1972 - Page 3 of Ayes: Noes: Absent: Inc. for paving Lennox Avenue accepted, all other bids were to execute the contract. authorize the County to sublet the premises to the SPCA for pound operations and maintenance. The terms of the agreement and lease will provide that the County of Kern will continue to reimburse the City for any maintenance and operation expenses incurred in the interim, and will cover the period from July l, 1972 to June 30, 1973. The Committee recommends adoption of the necessary agreement and lease. Councilman Rees moved that the report be adopted and authorization granted for the appropriate action on behalf of the Council. This motion carried unanimously. Upon a motion by Councilman Heisey, report from City Attorney Hoagland stating that his office has commenced lawsuits against those occupants of premises in the City who have nor paid their refuse bills during the time when the service charge was in effect, was received and ordered placed on file. Consent Calendar. The following items were listed on the Consent Calendar: (a)Allowance of Claims Nos. 1334 to 1399, inclusive, in amount of $47,611.14. (b) Acceptance of Easement Deed from Atchison, Topeka and Santa Fe Railway Company. Upon a motion by Councilman Medders, Items (a) and (b) the Consent Calendar, were adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore None None Action on Bids. Upon a motion by Councilman Thomas, low bid of Dicco, and a portion of Wilson Road was rejected, and the Mayor was authorized! Upon a motion by Councilman Thomas, low bid of Griffith Co. for resurfacing portions of University Avenue, Bradley Avenue and frontage roads along Golden State Avenue at Garces Circle was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Bakersfield, California, November 6, 1972 - Page 4 169 Ayes: Noes: None Absent: None Deferred Business. Upon a motion by Councilman Bleecker, Ordinance No. New Series of the Council of the City of Bakersfield amending Section 11.17.020 of the Municipal Code of setting the boundaries of the Parking Mall, following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Appointment of City Manager Bergen to Kern County Operational Area Emergency Council. 2052 the City of Bakersfield was adopted by the Upon a motion by Councilman Heisey, City Manager Bergen was appointed to the Kern County Operational Area Emergency Council. Mr. Bergen stated that Director of Public Works Bidwell or the Chief the of Police and the Chief Civil Defense Ordinance of the Fire Department are delineated in to act in his absence. Hearings. This is the time set for public hearing before the Council on Phase II of the 1972 Weed Abatement Program. Director of Public Works Bidwell reported that inspections for this 'program began September 25th and were carried through October 4, 1972. 509 Parcels were posted at that time. On October 20, 1972, 472 Notices to Destroy Weeds cards were mailed. A second inspection was made on October 30 and 31, 1972, and 187 property owners had complied and removed their weeds. Certified letters will be mailed to the 285 property owners who have not yet complied. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public hearing was closed. Upon a motion by Councilman Bleecker, Resolution No. 75-72 finding that certain Weeds growing on properties in the City of Bakersfield constitute a public nuisance and directing the Superintendent of Streets to destroy said Weeds, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None 170 Bakersfield, California, November 6, 1972 - Page 5 This is the time set for public hearing before the Council on application by William Ray York to amend the zoning boundaries from an R-1 (Single Family Dwelling) Zone to an R-3 (Limited Multiple Family Dwelling) or more restrictive, Zone, and to a C-2 (Commercial) or more restrictive, Zone, of that certain property commonly known as 3951 Wible Road. This hearing has been duly advertised and posted and notices sent as required by law. No written protests or objections have been filed in the City Clerk's office. At its regular meeting of October 4, 1972, the Planning Commission found as follows: pation. That any commercial zoning into this developing neighborhood should be limited to the northwest corner of the intersection of Wible Road and White Lane. bo The Commission is particularly concerned with freeway-oriented uses, such as motels, restau- rants, cocktail lounges, repair garages, etc., locating adjacent to residential areas, and therefore recommended: The easterly 250 feet C-1-D (Limited Commercial Architectural Design); the westerly 132 feet to remain R-i, and the westerly 355 feet in depth to be zoned R-2-D (Limited Commercial - Archi- tectural Design) or more restrictive, Zone. The Planning Commission also recommended the "D" Overlay be applied to the C-1 and R-2 zoning to insure a compatible development with adjacent developed and developing properties. Mayor Hart declared the hearing open for public partici- Mr. Kenneth Byrum, Attorney, representing Mr. York the applicant, expressed his client's opposition to the recommendation of the Planning Commission, and displayed a map and several photo- graphs of the surrounding area to support his arguments. He stressed the fact that the County of Kern operates a maintenance yard adjacent to the property which would not be consistent with R-1 or R-2 uses of this property. He has been advised that there are no definite plans for removal of the yard from the present location. There is already R-3 zoning in the area, although the 171 Bakersfield, California, November 6, 1972 - Page 6 Planning staff.has recommended Rw2-D. Mr. York proposes to operate a sales facility for recreational vehicles and mobile homes. This particular use is compatible with residential uses of the remaining property in the parcel. Any knowledgeable developer is not going to develop the property immediately adjacent to the major highways in that area to any residential use. It would appear to be better to have a C-2 buffer between residential uses and a highway because of the highway noise factor and the effect on the environment. The staff report indicates that the Commission does not feel it would be in the best interests of the community to zone the property to the uses for which it could be used under C-2 zoning adjacent to proposed residential development. The question boils down to what use should be made of the property immediately adjacent to Wible Road as a C-2 use is not inconsistent with appropriate planning. Mr. Arlo Barkley, owner of the 17 acre parcel immediately adjoining Mr. York's property on the north, stated he personally believes that R-1 zoning is not compatible with the adjacent developed properties, that he does not intend to develop his property R-1. No one present speaking in approval of the rezoning, Mayor Hart closed the public hearing for Council deliberation and action. Councilman Whittemore stated that over the years the Council has heard many requests to rezone property to a higher density so that the owners can either develop or speculate in developing their property. The Council has always been considerate in granting land owners the best use of their property. There are many acres of C-i, R-2 and R-3 zoned properties which have not been developed due to the fact that there is no demand for this property. It is becoming incumbent upon the Council to consider the impact on the City in continually zoning ahead of the City's development and instead hold some of the properties from high density zoningand retain it for R-1 development~ The latest report he has heard is that there is between a 20 and 27% vacancy 172 Bakersfield, California, November 6, 1972 Page 7 factor in apartments in the southwest area, and there are many more units being considered for construction. He doesn't think it is wise for the Council to continue to fezone property for speculation, the demand should be considered, and the status quo maintained in this particular area. Councilman Whittemore then moved that the application be denied. Councilman Thomas stated he agreed with Councilman Whittemore. He thinks it is time for the Council, or a committee of the Council, to look at the zoning ordinance and perhaps insert a reversion clause to the effect that if a property is not developed within a certain period of time, it automatically reverts back to its original zoning. The southwest is heavily zoned commercial and the residents are getting tired of the resultant heavy traffic in their neighborhoods. Councilman Bleecker stated the remarks made by the two Councilmen are generally true, but the merits of each particular zoning application should be weighed individually. He stated he would not care to live in a R-1 neighborhood next to a County Corporation Yard. The areas adjacent to the subject property are commercial and have been for some time, there are no residences to the north, the homes to the west would have a sufficient buffer built by the property owner to allow him the best use of his property. He does not think that the Council should speak in generalities, that it must confine itself to this particular reques~ and whether or not it should be rezoned as the applicant has requested. Councilman Rees asked what happens if the Council votes not to uphold the Planning Commission's recommendation. Mr. Hoagland explained that the Planning Commission's recommendation for the rezoning of this parcel is more restrictive than that requested by the applicant, Mr. York, and the applicant is objecting to this more restrictive zoning. The Council can approve the recommendation of the Planning Commission, the application of the property owner, or can make other modifications as long as it is within the R-3 or C-2 zoning. Bakersfield, California, November 6, 1972 - Page 8 173 Councilman Whitiemore stated that the County Corporation Yard is practically non-operative, most of its equipment has been moved to the County's central yard. The City is growing in thai direction~ the demand no longer exists for C-1 or C-2 zoning or for high density residential. He stated that his motion is to have this property retained as R-1 zoning for the present time. Councilman Heisey remarked that he could not agree with the applicant's request to make it all C-2 and R-3 or with Council- man Whittemore's motion to have it remain R-1 zoning~ he doesn't believe this property will ever be zoned residential. He feels the Planning Conunission came up with a good recommendation, and he offered a substitute motion to uphold the decision of the Planning Commission and'to adopt Ordinance amending Title 17 of the Municipal Code as recommended. Councilman Bleecker commented that the County Corporation Yard is there and Mr. Byrum has stated he was advised that the County did not intend to immediately divest itself of this property. There is 100% conunercial across the street from the property and rezoning fhe parcel R-3 and C-2 is reasonable and sound. He then made a second substitute motion that the request of the property owner to fezone the property to R-3 and C-2 be approved. Councilman Whittemore remarked that Councilman Bleecker's motion was out of order. Councilman Bleecker asked the City Attorney to advise the chair and to quote from Mason's Rules of Order where his substitute motion was out of order. A brief recess was called at this time. Mayor Hart reconvened the Council and stated that under the circumstances it has been interpreted that a vote should be taken on the first substitute motion~ and if it fails, the original motion or others, are in order. Vote taken on Councilman Heisey's substitute motion failed to carry as follows: Ayes: Councilmen Heisey, Medders, Rucker Noes: Absenl: Councilmen Bleecker, None Rees, Thomas, Whittemore 174 Bakersfield, California, November 6, 1972 - Page 9 Councilman Whittemore's original motion by the following roll call vote: Ayes: Noes: Absent: failed to carry Councilmen Rees, Thomas, Whitfemore Councilmen Bleecker, Heisey, Medders, Rucker None Councilman Bleecker made a motion that the request of the property owner to amend the zoning boundaries from an R-1 to an R-3 and C-2 zone be approved by the Councilman Heisey asked that more time before voting on this motion. Council. the Council take a little The Planning Commission Ayes: Noes: Absent: the hearing is held on this rezoning as he would like at that time. recommended a C-1-D zoning, and if a compromise is worked out that will be acceptable to everyone, it will be necessary for the Council to be a little more restrictive, especially when two Councilmen would like to see it zoned residential. He asked the applicant's attorney if he had a compromise to suggest which would be acceptable to Mr. York. Mr. Byrum stated that his client feels it would be possible to put the property to the proposed use under the C-l-D, that it is proposed to immediately construct a mobile home sales business on the front portion of the property. Planning Director Sceales stated that he had advised Mr. York that this use could not be granted automatically under a C-1 zone, it would be necessary to make an application to the Board of Zoning Adjustment for a Conditional Use Permit. Mr. Byrum stated that if the Council would approve R-2-D zoning on the rear portion and C-2 on the front of the property, they could live with that. Councilman Heisey commented that in view of the comments received and the wide diversity of opinions, he would offer a substitute motion to refer the matter back to the Planning Commission for further study and to report back to the Council at a future date. Vote taken on Councilman Heisey's motion carried as follows: Councilmen Heisey, Medders, Rees, Rucker, Thomas, Whittemore Councilman Bleecker None Councilman Thomas asked Mr. Sceales to notify him when to testify Bakersfield, California, Now.ember 6, 1972 - Page 10 175 This is .the time set for public hearing'before the Council on application by St. John's Lutheran Church to amend the zoning boundaries from an R-1 (Single.Fam{ly Dwelling) Zone to an'R-1-CH (Single Family Dwelling - Church), or more restrictive, Zone, of that certain property in the City of Bakersfield located easterly of New Stine Road between Belle Terrace and Nordic Drive. This hearing has been duly.advertised and posted and notices sent as required by law. No written protests or objections have been filed in the City Clerk's office. At its regular meeting held October 4, 1972, the Planning Commission considered the request of the Church to change the zoning of their property to an R-1-CH to allow for the construction of a church and related facilities. It was the.opinion of the Commission that this use would be compatible. with the zoning and development of the surrounding area and therefore recommended approval. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Thomas, Ordinance No. 2053 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 easterly of New Stine Road, between Belle Terrace and Nordic Drive, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None This is the time set for public hearing before the Council on application of the First Church of the Nazarene to amend the zoning boundaries from an R-1 (Single Family Dwelling) Zone to an R-1-CH (Single Family Dwelling - Church) or more restrictive, Zone, of that certain property commonly known as 2801 Hughes Lane. 176 Bakersfield, California, November 6, 1972 - Page 11 This hearing has been duly advertised and posted and notices sent as required by law. No written protests or objections have been filed in the City Clerk's office. At its regular meeting held October 4, 1972, the Planning Commission considered this zone change to R-1-CH at the request of the church. This zone change will enable the church to construct a new addition to their existing facilities and also allow for future expansion. It was the opinion of the Coramission that this use would be compatible with the zoning and development of the surrounding area and therefore recommended approval. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Thomas, Ordinance No. 2054 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 commonly known as 2801 Hughes Lane was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Adjournment. There being no further business to come before the Council, upon a motion by Councilman Bleecker, the meeting was adjourned at 9:30 P.M. Calif. ATTEST: and ~Ex-Of~icio Clerk of the Council of the City of Bakersfield, California Bakersfield, California, November 13, 1972 1_77 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P. M., November 13, 1972. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and Invocation by Councilman Walter Heisey. The City Clerk called the roll as follows: Present: Mayor Hart. Councilman Heisey, Medders, Rees, Rucker, Whittemore Absent: Councilman Bleecker, Thomas Minutes of the regular meeting of November 6, 1972 were approved as presented. Scheduled Public Statements. Representatives of the Board of Directors of the Kern County Council of Camp Fire Girls stated that a candy sale will be held during the period of November 17 to December 14, 1972, and introduced the Camp Fire Girls attending the meeting who pre- sented a box of Dewar's Chews to the Mayor and members of the Council. Mayor Hart acknowledged the presence of the Students assigned to counterpart positions as Mayor and Councilmen who will be participating in Teen-Age Government Day to be held November 15, 1972. Correspondence. Upon a motion by Councilman Rees, communication from Melvin G. Davis offering to sell the City of Bakersfield that property known as 1501 Eye Street situated in Block 324, for $80,000.00, was received and ordered placed on file. City Manager Bergen told the Council that the staff has evaluated the City's needs and would recommend that the Council express its appreciation to Mr. Davis for his offer and inform him that the City's present plans do not indicate a need for any portion of Block 324. Upon a motion by Councilman Heisey, the Mayor was requested to direct a letter to Mr. Davis, as recommended by Mr. Bergen. 178 Bakersfield, California, November 13, 1972 - Page 2 will be there exhibition of and (d) vote: Ayes: Noes: Absent: Mayor Hart advised the Council that communications had been received in his office from Senator Alan Cranston and Congress- man Bob Mathias relative to the restoration of rail passenger service through the San Joaquin Valley, and acknowledging receipt of the Mayor's suggested plan to coordinate the San Joaquin passen~;er service with Amtrak service between San Diego and Seattle and between Los Angeles and Chicago. Council Statements. Councilman Heisey stated that the "Spirit of 76" special exhibit train, which has been touring the entire country, will be on display at the Santa Fe Railroad yards the entire day of November 14, 1972, and urged everyone to visit this exhibit. Mayor Hart stated that the display opens at l0 o'clock, for several hours, and is a particularly spectacular the Country's heritage. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1400 to 1501, inclusive, in amount of $149,048.73. (b) Claim against the City from Howard P. Nelson and LaDonna Q. Nelson (refer to the City Attorney). (c)Request of Woodrow P. Kirk for extended Leave of Absence Without Pay. (d) Request of Sam Rudnick to connect pro- perty to the City Sewer System (refer to the Planning Commission). Upon a motion by Councilman Medders, Items (a), (b), (c) of the Consent Calendar, were adopted by the following Councilman Heisey, Medders, None Councilmen Bleecker, Thomas Rees, Rucker, Whirremote Bakersfield, California, November 13, 1972 - Page 3 179 Adoption of Resolution of Intention No. 882 of the Council of the City of Bakersfield, declaring its in- tention to order the vacation of a portion of Westbrook Drive in the City of Bakersfield. Upon a motion by Councilman Whittemore, Resolution of Intention No. 882 of the Council of the City of Bakersfield, de- claring its intention to order the vacation of a portion of West- brook Drive in the City of Bakersfield, was adopted by the following vote Ayes Noes Absent: Councilmen Heisey, Medders, Rees, Rucker, Whittemore None Councilmen Bleecker, Thomas Approval of Agreement between City of Bakersfield and Herbert P. Sears Co., Inc. for collection services. Upon a motion by Councilman Rees, Agreement between City of Bakersfield and Herbert P. S~ars Co., Inc. for collection ser- vices was approved, and the Mayor was authorized to execute same. Council requests the State Legislature to call a three month's moratorium to the requirements of the State Environ- mental Quality Act of 1970. At its regular meeting of November 1, 1972, the Planning Commission recommended that the City Council take formal action requesting the State Legislature to call a three month's moratorium to the requirements of the State Environmental Quality Act of 1970 as interpreted by the Supreme Court, to allow the Legislature time to review the impact of the Supreme Court's interpretation, and to prepare uniform standards, guidelines and procedures for cities and counties to follow in assessing projects. Mr. Dean Gay, a member of the Planning Commission which recommended the moratorium~ and representing himself and the building industry,.appeared before the Council at this time, stating that things are happening so rapidly today in the environmental impact field and also in zoning and planning that.many people wonder where they are going.. A certain segmflnt of society would like to see the building industry come to a grinding halt and he feels that 180 Bakersfield, California, November 13, 1972 - Page 4 someone should defend this industry which has done an outstanding job toward creating a healthy economy and a balanced environment. He furnished each member of the Council with an article written by Mr. Herbert D. Tobin who brings out many interesting points on what is happening in the building trades industry today. Mr. Gay stated that sensible builders are extremely conscious of their responsi- bility for creation of a new kind of living environment that enhances the quality of life Americans now expect. Councilman Rees commended Mr. Gay on his presentation and stated he wanted to share with him certain words of wisdom "the pendulum swings." He has great confidence in the American people, he feels that level heads will prevail, as the building industry, labor unions and the development industry are too large to be stymied by this sort of opposition. Mr. Scott Arvizu~ Teen-age Councilman~ questioned the article by Mr. Tobin~ stating that Mr. Tobin sounds as though smog is not detrimental to the country's health at the present time. To say that solutions will be accomplished in the future does not mean that necessarily solutions will be found. A lot of people want different things~ but there is still no solution to correct or halt environmental and social blight. Mayor Hart commented that the article is one man's opinion and an opinion is not necessarily a fact. Mr. Tobin does not treat this lightly~ he is extremely conscious of the responsi- bility for improvement in environmental planning and points out that society is moving in the direction of overcoming these problems eventually, but people will suffer in the meantime. Councilman Whittemore commented that the environmenial impact on the construction industry today is caused by the Supreme Court taking a piece of excellent legislation and interpreting it in a different manner~ and has almost paralyzed the construction industry in doing so. This creates a tremendous unemployment problem not only in that industry but in every related industry. He is sure thai the legislature will amend the Supreme Court's 181 Bakersfield, California, November 13, 1972 - Page 5 decision, Great strides does not feel lesson. because no one can live with it in its present form. have been made within the past three years, and the industry needs to be paralyzed to be taught he Mr. Gay stated that all concerned with fhis environmental judging different projects for years and have actually been judging them on how they affected the environment and the ecology of the the Planning Commissioners are impact decision. They have been projects that have been halted completely by this ruling, which has created a great hardship for several developers. Councilman Whirremote stated that this decision has cost the cities and counties of the State of California millions of dollars, which is something the legislative bodies have no control over. He then moved that the Council adopt the recommendation of the Planning Commission and formally request the State Legislature to declare a moratorium on the requirements of the State Environ- mental Quality Act of 1970 for a period of at least three months. This motion carried unanimously. Adoption of Resolution No. 76-72 of the Council of the City of Bakers- field establishing Interim Guidelines and Procedures for determining whether a project may have significant effect on the environment and for preparation of Environmental Impact Reports, if required.~ Upon a motion by Councilman Whirremote, Resolution No. 76-72 of the Council of the City of Bakersfield establishing Interim Guidelines and Procedures for determining whether a pro- ject may have significant effect on the environment and for preparation of Environmental Impact Reports, if required, was adopted Ayes: Noes: Absent: by the following vote: Councilmen Heisey, Medders, None Councilmen Bleecker, Thomas Rees, Rucker, Whittemore local area but were not calling it work required is crippling and has Councilman Heisey stated that. The vast amount of paper a tendency to slow things down. that he knows of a number of Bakersfield, California, November 13, 1972 - Page 6 Denial of request of Robert S. Dickson to connect property ½ mile south of Panama Lane on east side of Stine Road to City Sewer System. Pursuant to recommendation of the Planning Commission, upon a motion by Councilman Rees, request of Robert S. Dickson to connect property ~ mile south of Panama Lane on east side of Stine Road to City Sewer System was denied by the Council. Approval of Annexation boundaries designated as Municipal Farm No. 2 Annexation. Upon a motion by Councilman Rucker, tion designated as Municipal Farm No. 2 were to the boundaries of annexa- approved and referred City Engineer and City Attorney for referral to LAFCO. Hearings. This is the time set for public hearing before the Council for hearing protests by persons owning real property with- in territory designated as "Kern River No. l", proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, the property posted and notices sent to property owners as required by law. No written protests or objections have been filed in the City Clerk's office. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Medders, Resolution No. 77-72 of the Council of the City of Bakersfield declaring that a majority protests has not been made to the annexation of Kern River No. I proposed to be annexed vote: ~yes: Noes: Absent: to the City of Bakersfield, was adopted by the following Councilmen Heisey, Medders, Rees, Rucker, Whittemore None Councilmen Bleecker, Thomas Upon a motion by Councilman Medders, Ordinance No. 2055 New Series approving annexation of a parcel of uninhabited terri- tory to the City of Bakersfield, California, designated as Kern Bakersfield, California, November 13, lg72 - Page said territory to adopted by the River No. 1 and providing for the taxation of pay the bonded indebtedness of said City, was following vote: Ayes: Councilmen Heisey, Medders, Rees, Rucker, Whirremote Noes: None Absent: Councilmen Bleecker, Thomas This is the time set for public hearing before the Council for hearing objections to include within the Greater Bakersfield Separation of Grade District a portion of certain territory designated as Kern River No. 1. This hearing has been duly advertised. No written protests have been filed in the City Clerk's office. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public hearing was closed for Council deliberation and action. City Manager Bergen pointed out that the portions of this annexation south of the river will be included in the Greater Bakersfield Separation of Grade District, that portion north of the river will not be included in the District. Upon a motion by Councilman Medders, Resolution No. 78-72 annexing certain territory designated as Kern River No. 1 to the Greater Bakersfield Separation of Grade District, was adopted by the following vote: Ayes: Councilmen Heisey, Medders, Rees, Rucker, Whittemore Noes: None Absent: Councilmen Bleecker, Thomas This is the time set for public hearing before the Council to zone upon annexation to an "A" (Agricultural) or more restrictive, Zone, to a C-2-D (Commercial - Architectural Design) or more restrictive, Zone, and to an M-1-D (Light Manufacturing - Architectural Design) or more restrictive, Zone, those certain properties bounded on the east by Freeway 99, south of Rosedale Highway and north of Easton Drive (Kern River No. 1 Annexation). This hearing has been duly advertised and posted and notices sent as required by law. No written protests or objections have been filed in the City Clerk's office. Bakersfield, California, November 13, 1972 - Page 8 At its regular meeting of November 1, 1972, the Planning Commission considered the proposed zoning of properties as requested by the property owners within Kern River No. i Annexation. The Commission recommended that the zoning as requested be amended to reflect the recommendations of the Planning staff. The Commission found that the proposed zoning, as amended, would be similar to the existing zoning in the County and in general conformance with the arrangement of land uses as depicted in the Bakersfield Metropolitan Area General Plan. It was the opinion of the Commission that the proposed zoning, as amended, would not have a significant effect on the environment since said zoning would not represent any significant changes in the present County. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Medders, Ordinance No. 2056 New Series amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code, was adopted by the following vote: Ayes: Noes: Absent: Councilmen Heisey, Medders, Rees, Rucker, None Councilmen Bleecker, Thomas Adjournment. There being no further business to come before Whittemore the Council, upon a motion by Councilman Whittemore the meeting was adjourned at 8:45 P. M. MAY of th~~/ ity of Bakersfield, Calif. ATTEST: CITY ULERK and Ex-Officio Clerk of the Council of the City of Bakersfield, California 185 Bakersfield, California, November 20, 1972 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., November 20, 1972. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Clifford M. Dickau of the Belle View Baptist Church. The City Clerk called the roll as follows: Present: Absent: Mayor Hart. None Minutes of Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore the regular meeting of November 13, 1972 were approved as presented. Scheduled Mr. Ray Griffith, Public Statements. 1675 Eye Street, commended the Fire Department for a recently initiated program known as "Operation Identification" and volunteered his services to etch personal identification numbers on bicycles and other items at his service station without charge to the owners of the property. Mayor Hart thanked Mr. Griffith for his offer and for his endorsement of the program. Mr. Joe Bruce addressed the Council regarding a drainage problem existing at Clyde Street between Wilkins Street and Brundage Lane and read a petition signed by 14 residents in the area re- questing the Council to take action to alleviate this problem immediately, as it is a potential health hazard and a breeding place for mosquitoes. Councilman Heisey remarked that he is familiar with this location and there is a drainage problem every time it rains. He asked Public Works Director Bidwell what steps are being taken to alleviate it, and what is planned for the future. Mr. Bidwell stated that there is a long range plan to serve this area by a wastewater collector system being constructed jointly by the City, County and State and connect it to the Highway 58 drainage system, which should be under construction be the 186 Bakersfield, California, November 20, 1972 - Page 2 spring of 1973. Until that time, the Public Works Department has been attempting to work out a temporary connection to get through the rainy season to take care of most of the water; however, due to the recent rains, it has been impossible to pump the water com- pletely out of the streets. Councilman Rucker stated he has been aware of this problem for some time, has spoken to the City Manager regarding it, and he feels that the City should take the matter up with the County and request that the drains which were closed some time ago be opened up to permit this water to flow out. Councilman Rees commented that he is very sympathetic with the people in the area and is pleased to hear that a solution is being considered for this drainage problem. Council Statements. Councilman Heisey commented that in order to bring the Citizens Advisory Committee for Freeway Study up to date on the progress being made on completion of the City's freeways, a meeting was held last Wednesday evening with representatives of the State Division of Highways. A general discussion was held, but the information received was very disappointing. The State had hoped to award the contract last month for a section of High- way 58 between Weedpatch Highway and Cottonwood Road, but due to lack of Federal funds, they were unable to do so. The City was urged to put the pressure on its Congressmen for release of funds by the Federal Government in order to proceed with the project immediately. The Committee was told that completion of the crosstown freeway on 24th Street could possibly be held up until 1983. Councilman Heisey stated he doesn't think this is realistic and feels it can be speeded up by civic pressure, the news media and the Council. He is not asking for any action tonight by the Council, just making a progress report, but possibly within another week or two, he will ask the Council to support a request to the State Legislature, and the State Highway Commission, to proceed with completion of this project. The State talked about it as though it were a new project, but this is one that was started several years ago and just left hanging. 187 Bakersfield, California, November 20, 1972 Page 3 Councilman Heisey stated that Mayor Hart has taken the initiative to organize a group of civic minded people to get some- thing done on this project. The State Division of study program to help determine west of Bakersfield, which will complete. The Council will recall that Mr. Van Voorhees, State Highway Engineer, proposed several alternatives for this route, none of which was adopted by the Council. Councilman Heisey feels it is most important to select in order to keep the cost down relatively new structures. Highways is updating its destination the best routes for the freeway take a minimum of six months to Councilman Bleecker commented that the people who reside in the area of the 24th Street corridor in the Fourth Ward deserve to know as soon as possible when they must vacate their homes. Several homes have already been sold in this area. It should be brought out again that approximately 75% of the funds that are required to construct this freeway are Federal funds, the State of California has little control over when these funds will be re- leased. He feels that the Council should put as much pressure as possible on the State and hopefully, this project will be completed at an early date. He is particularly concerned about it, as he is contacted frequently, and since the State's plans change so often, he is unable to tell people anything definite. Councilman Whittemore stated that he has been told the Federal Government has frozen about $350,000,000 which was ear- marked for developing freeways and highways throughout this area, and is the reason the construction is behind schedule. Councilman Heisey stated that if he understood the State representatives correctly, the Federal Government is holding up these funds as part of its program for checking inflation, and is not releasing any Federal funds for freeway construction purposes. one of the routes as soon as possible, and prevent the State from condemnin:g Bakersfield, California, November 20, 1972 - Page 4 Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1502 to 1631, inclusiv~ in amount of $72,409.22. (b) Claim for damages from Jack Hubbard, 4228 Earl Avenue (refer to City Attorney). (c) Request from County of Kern To abandon alley in Blocks 328 and 329, of the City of Bakersfield(refer to Planning Commission). (d) Request from Stockdale Development Corporation for annexation to the City of Bakersfield of the west ~ of Section 15, T. 30 S., R. 27 E., (refer to the Planning Commission). Upon a motion by Councilman Medders, Items (a), (b), (c) and (d) of the Consent Calendar were adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Action on Bids. Upon a motion by Councilman Thomas, low bid of Moreland & Sons for construction of Median Island Planters on New Stine Road between Ming Avenue and Wilson Road and on Ming Avenue between New Stine Road and Ashe Road, was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Mayor Hart requested to direct a letter to Department of Housing and Urban Development regarding City application for re-certification of Workable Program. Councilman Rees, Chairman of the Budget Reveiw and Finance Committee, commented that in view of the most recent requirements for a Workable Program set out by the Department of Housing and Urban Development, it appeared to the Committee that however sincere the City's attempt to have its application re- certified for a Workable Program, it was just not likely to meet HUD's qualifications, as stated by Mr. Dallas A. Martin, Program 189 Bakersfield, California, November 20, 1972 - Page 5 Manager. A letter has been prepared for the Mayor's signature, to be sent to Mr. Martin pointing out what the City is doing along these lipes and that it feels it is doing all that is possible in the City's Workable Program to meet his requirements. Councilman Rees moved that the Mayor be authorized to direct the letter as prepared, to Mr. Martin, Program Manager for HUD. This motion carried unanimously. Adoption of Resolution No. 84-72 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 Whittemore, Resolution No. 84-72 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 vote: Ayes: Noes: None Absent: None Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Hearings. This is the time set for public hearing before the Council for hearing protests by persons owning real property within territory designated as "Kern River No. 2," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, the property posted and notices sent to property owners as required by law. No written protests or objections have been filed in the City Clerk's office. Zoning upon annexation will be scheduled for December 4, 1972. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Medders, Resolution No. 79-72 of the Council of the City of Bakersfield declaring that a majority protests has 190 Bakersfield, California, November 20, 1972 - Page 6 not been made to the annexation of annexed to the City of Bakersfield, vote: Ayes: Kern River No. 2 proposed to be was adopted by the following indebtedness of said City, was adopted by the Ayes: Councilmen Bleecker, Heisey, Medders, Thomas, Whittemore Noes: None Absent: None This is the time set Council for hearing objections Bakersfield Separation of Grade District Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Rucker, Resolution No. 80-72 annexing certain territory designated as Kern River No. 2 to the Greater Bakersfield Separation of Grade District was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None This is the time set for public hearing before the Council for hearing protests by persons owning real property with- in territory designated as "Kern River No. 3," proposed to be annexed to the City of Bakersfield. for public hearing before the to include within the Greater a portion of certain territory designated as Kern River No. 2. duly advertised. No written protests have Clerk's office. The hearing has been been filed in the City following vote: Rees, Rucker, Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Upon a motion by Councilman Medders, Ordinance No. 2057 New Series approving annexation of a parcel of uninhabited territory to the City of Bakersfield, California, designated as Kern River No. 2 and providing for the taxation of said territory to pay the bonded 191 Bakersfield, California, November 20, 1972 - Page 7 This hearing has been duly advertised, the property posted and notices sent to property owners as required by law. No written protests or objections have been filed in the City Clerk's office. Zoning upon annexation will be scheduled for December 4, 1972. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public hearing was closed for Council participation and action. Upon a motion by Councilman Medders, Resolution No. 81-72 declaring that a majority protest has not been made to the annexation of Kern River No. 3 proposed to be annexed to the City of Bakersfield was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whit~emore Noes: None Absent: None Upon a motion by Councilman Medders, Ordinance No. 2058 New Series approving annexation of a parcel of uninhabited terri- tory to the City of Bakersfield, California, designated as Kern River No. 3 and providing for the taxation of said territory to pay the bonded indebtedness of said City, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote 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 a portion of certain territory designated as Kern River No. 3. This hearing has been duly advertised. No written protests have been filed in the City Ckerk's office. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public hearing was closed for Council deliberation and action. Upon a Bakersfield, California, November 20, 1972 - Page 8 motion by Councilman Bleecker, Resolution No. 82-72 annexing certain territory designated as Kern River No. 3 to the Greater Bakersfield Separation of Grade District, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None This is the time set for public hearing before the Council for the purpose of hearing any person desiring to be heard on the matter of the adoption by the City Council of the Interim Open-Space Plan (to be in effect until June 30, 1973) consisting of written goals and policies to guide preparation of the Open-Space Element of the General Plan and statement setting forth a program for adoption of the Element by June 30, 1973, has been approved by the Planning Commission, after due notice and public hearing. Mrs. Joy Lane, Research Analyst for Project Land Use Task Force, read a letter stating that on November 1, 1972, the Task Force wrote a letter to the City Planning Commission en- couraging the City to use the interim period from now until June, 1973 to develop special programs designed to meet the needs of Metropolitan Bakersfield to make Bakersfield an attractive com- munity that will encourage people to work, shop and live in Bakersfield. The first step in preparing an Open Space Plan is an inventory of those lands which should be kept in open space use. The final Open Space Plan will require an Action Program including zoning, which consists of specific programs by which the City intends to implement its open space plan. Project Land Use Task Force has a great interest in both the Metropolitan Area Plan and the Action Program to implement it. They would welcome an opportunity to work with the City in development of the pro- posals Area. that are important to all residents of the Metropolitan tion and action. Mayor Hart closed the public hearing for Council delibera- Councilman Rees stated that Mrs. Lane raises a 193 Bakersfield, California, November 20, 1972 Page 9 significant and important voice in the community, which he does not always agree with, but which is a contribution to the community. He feels that Mrs. Lane is highly informed, she is sincere, and is a force to be reckoned with. Upon a motion by Councilman Thomas, Resolution No. 83-72 of the Council of the City of Bakersfield adopting the Interim Open-Space Plan of the Bakersfield Metropolitan Area, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Adjournment. There being no further business to come before the the meeting was Council, upon a motion by Councilman Bleecker, adjourned at 8:40 P.M. MA~~~he ity o~f Bakersfield, Calif. ATTEST: C~IT$CL~R~ ~'~d E~-bff~cio~Clerk of the of the City of Bakersfield, California Council 194 Bakersfield, California, November 27, 1972 Minutes of the regular meeting of City of Bakersfield, California, the City Hall at eight o'clock P. The meeting was called the Council of the held in the Council Chambers of M., November 27, 1972. to order by Mayor Hart, followed by the Pledge of Allegiance and Invocation Heisey. Present: by Councilman Walter The City Clerk called the roll as follows: Mayor Hart. Councilman Bleecker, Heisey, Medders, Rucker, Thomas, Whittemore None Rees, Absent: Minutes of the regular meeting of November 20, 1972 were approved as presented. Scheduled Public Statements. Miss Terri Womack, Student Government Day Mayor, the Council, stating that the Student Council at its meeting of November 15, 1972, adopted two resolutions. One recommended the formation of a non-voting student advisory board to the City Council to be elected from the various high schools, which would keep the Council informed of the students' opinions on local issues. The second resolution endorsed the annexing of unincorporated islands in the metropolitan area to the City of Bakersfield. She thanked the Mayor, the Council, and City Department Heads for making Student Government Day possible, stating that the students enjoyed themselves and discovered that running a City isn't as easy as some people may think. Councilman Heisey commended the students and suggested that they contact the State Legislators in Sacramento recommending the annexation proposal, as many bills are introduced by the League of California Cities to make it possible for cities to annex islands and each year these bills die in committee. Mayor Hart also urged students interested in City activities to write to the State Legislators and suggested that they pick up a Council agenda each week and attend Council and committee meetings, and whenever possible, they will be asked to participate. He commended the students on the enthusiasm demon- strated during the annual City of Bakersfield Teen-Age Government Day. addressed 195 Bakersfield, California, November 27, 1972 - Page 2 Mrs. Marzetta Tankow, Safety Chairman for Colonel Nichols PTA, asked the Council to install stop signs at the intersection of Wenatchee and Renegade, and to lower the speed limit from 25 mph to 15 mph; and if neither is possible, to install stop signs on Wenatchee for the protection of the children crossing streets to attend Colonel Nichols School. The hazards on this street have visibly increased, she has taken the matter up with the Traffic Authority, but they seem to be more concerned with traffic flow and accidents than with the safety of the children. Councilman Bleecker suggested that the Traffic Authority be requested to furnish the Council with a traffic flow count at this intersection to see how busy it is, the number of accidents that have occurred at this intersection, and any other information which might help the Council make a determination on this particular issue. Mrs. Shelba Yeoman, .Presiden.t of Colonel Nichols PTA, stated she officially represents the Executive Board of the PTA, and unofficially represents every mother who has worried about a small child crossing a busy street unattended. She has seen and heard cars speeding on Wenatchee and has never witnessed a Police Officer stop a car for speeding or cite a motorist. She asked that the speed limit be lowered in order to protect the children. Councilman Rees asked Mrs. Yeoman if this problem has been presented to the PTA as a whole, and she stated that it was presented last year, they are concerned about it, and she has the authority of the Executive Board which represents about 35 people, to address the Council on this issue. Councilman Rees commented that the ladies present are aware of a survey made by the Traffic Authority covering most of the points mentioned by Councilman Bleecker, and it has concluded stop signs were not warranted at this particular intersection. He had observed the intersection in question for about twenty minutes 196 Bakersfield, California, November 27, 1972 Page 3 this morning and the children crossing the streets and motorists were conducting themselves in an orderly, lawful and safe fashion, he did not see anything which could be termed hazardous. He has been told by Lieutenant Meek of the Police Department that he would conduct a radar survey on this street to determine if the speed limit was being exceeded, and Councilman Rees suggested that the radar check be made, which he understands can be completed within a week. City Manager Bergen stated that the Traffic Authority will make a survey at this intersection to determine if speed limits are exceeded and submit a report to the Council within a week or two containing specific recommendations for resolving the problem. Correspondence. The City Clerk read a communication from Assemblyman William M. Ketchum addressed to Mayor Hart, on the subject of restoration of rail passenger service to the San Joaquin Valley, and expressing appreciation for the Mayor's suggested plan to coordinate passenger service, which he states will be given his attention as he will be serving in a Federal capacity and AMTRAK will be of concern to him. The Finance Director submitted a Financial Statement to the Council, containing a report of Certified Public Accountants Elmer Fox & Company, in which it was stated that they have examined the balance sheets of the funds of the City of Bakersfield and of the Trust and Agency Funds within its custody at June 30, 1972, and in their opinion, the accompanying financial statements present fairly the financial position of the funds of the City of Bakers- field and Trust and Agency Funds within its custody at June 30, 1972, and the results of operations and cash transactions for the year then ended in conformity with generally accepted accounting principles applied on a basis consistent with that of the preceding year. Bakersfield, California, November 27, 1972 - Page 4 197 (d) and vote: Ayes: The (a) (b) (c) (d) (e) Upon (e) of Consent Calendar. following items were listed on the Consent Calendar: Allowance of Claims Nos. 1632 to 1684, inclusive, in amount of $32,503.60. Claim of Weldon R. Langfield (referred to City Attorney). Grant of Easement from Frank Munis and Adeline A. Munis. Notice of Completion and Acceptance of the Improvements for Tract No. 3413. Notice of Completion and Acceptance of the Improvements for Tract No. 3538. a motion by Councilman Medders, Items (a), (b), (c), the Consent Calendar were adopted by the following Rees, Rucker, Councilmen Bleecker, Heisey, Medders, Thomas, Whittemore Urner's accepted, low bid of Illig Noes: None Absent: None Action on Bids. Upon a motion by Councilman Medders, bid of Chrysler-Plymouth for thirty-one 1973 automobiles was and all other bids were rejected. Upon a motion by Councilman Heisey, Painting Company for painting Claraetors at Sewage Treatment Plant No. 2 was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Councilman Rees asked for a clarification of the bid summary submitted for the Land Compaction Machine proposed to be purchased by the City. Director of Public Works Bidwell stated that the bid was under the budgeted amount. Councilman Rees then moved that the bid of Wallace Machinery Company for the Landfill Compaction Machine be accepted, and that the two alternate bids received be rejected. Councilman Bleecker asked if the bid specifications could not have been written in such a way that they would be acceptable to more bidders, as there seems to be only one company who is willing to go along completely with the City's request for maintenance, guaranteed repurchase price, etc. 198 Bakersfield, California, November 27, 1972 - Page 5 Mr. Bergen explained that about three years ago the guaranteed repair cost agreement method of bidding was developed, it is generally acceptable to other public entities, and is the most economical way to request bids in order to save the City money. He called on Mr. Don King of the Purchasing Division to answer questions posed by the Council relative to the purchase of the Landfill Compaction Machine. Public Works Director Bidwell pointed out that this machine will replace existing equipment, is much more efficient than the old machine type of operation, plus the advantage to maintenance cost. Vote taken on Councilman Rees' motion to award the bid to Wallace Machinery Company carried unanimously. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 5.38 of the Munici- pal Code providing that the benefits of the Firemen's Pension System are not subject to execution, garnishment or attachment. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 5.38 of the Municipal Code providing that the benefits of the Firemen's Pension System are not subject to execution, garnishment, or attachment. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 11.04.781 (Speed Limit on Wilson Road) of the Munici- pal Code of the City of Bakersfield. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 11.04.781 (Speed Limit on Wilson Road) of the Municipal Code of the City of Bakersfield. and is built for this the City of the guaranteed Bakersfield, California, November 27, 1972 - Page 6 199 Adoption of Resolution of Intention No. 883 of the Council of the City of Bakersfield, California, declar- ing its intention to order the abandonment of Flowage Easements in SE~ of Sec. 33, T. 29 S., R. 27 E., in the City of Bakersfield. Upon a motion by Councilman Rucker, Resolution of Inten- tion No. 883 of the Council of the City of Bakersfield, California, declaring its intention to order the abandonment of Flowage Easements in SE~ of Sec. 33, T. 29 S., R. 27 E., in the City of Bakersfield, and setting December 18, 1972 for hearing on the matter before the Council, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Adjournment. There being no further business Council, adjourned at 8:45 P. upon a motion by to come before the Councilman Heisey, the meeting was Y of th~t~t MA :y of Bakersfield, Calif. ATTEST: CLERK and f o Clerk of the Council of the City of Bakersfield, California Bakersfield, California, December 4, 1972 Minutes of City of Bakersfield, California, the City Hall at eight o'clock P. The meeting was called the regular meeting of the Council of the held in the Council Chambers of M., December 4, 1972. to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend William E. East of the Kern County Southern Baptist Association. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Absent: None Rees, Rucke~ Thomas, Whittemore Minutes of the regular meeting of November 27, 1972 were approved as presented. Scheduled Public Statements. Mrs. Ann Monroe, 236 Stine Road, addressed the Council, stating that she has been trying since September 19, 1972, to obtain answers to eight questions regarding certain expenditures by the City. The manner in which the Finance Department has handled the user-pay garbage billing is illustrative of the com- plete incompetence in City government. The budget has doubled in five years, City administrators are being paid fantastic salaries, some of them are going to school at the taxpayer's expense to in- crease their salaries, and no one knows whether they are doing a good job or a poor one. She stated that the City Manager's letter dated Novem- ber 30, 1972, does not answer her questions regarding which indi- viduals spent the money for the expenditures listed in her ques- tionnaire to the Council. A deliberate attempt has been made to deceive and keep information from the taxpayers who suffer from the high taxes levied on them by the City Council. Taxpayers are being swindled and not getting their money's worth from government, and the Council is presiding over the swindle. Burning trash is prohibited, weeds must be removed from vacant lots and if that is not done, it is added to the taxes. She stated she wants an in- vestigation made into City government to see where taxes can be cut, and asked that the City Manager be directed to answer her questions. Bakersfield, California, December 4, 1972 - Page 2 20 t Councilman Bleecker remarked to Mrs. Monroe that her tirade this evening is uncalled for. He doesn't think it is the intention of any member of the Council or any member of the staff to swindle the public, and he resents her use of this term, and the picayunish criticism that has been made from time to time on certain areas of expenditures. He pointed out that the Council has not raised the ad valorem taxes for many years, a very small part of the taxes levied on a property owner's tax bill goes for City government, about 20%, and the balance is used for schools, welfare and County government, 80% of the taxes are levied by some other agency, not by the City. Councilman Bleecker went on to say that in his opinion the Council and the staff perform an outstanding job. He does not mind legitimate criticism with some constructive alternatives, but if Mrs. Monroe would like to start some sort of movement whereby City services would be cut, that can be done, but the desire has to be there for the present services to be cut before the City can lower its budget. Councilman Whittemore stated that any concerned citizen is always welcome to appear before the Council and be heard, he has listened to Mrs. Monroe on numerous occasions. He took excep- tion to her statement that the staff is incompetent, because the Council does not feel this is true. The City Manager is paid a salary in line with that paid by other cities in the State of California, there are many other cities which would welcome the chance to hire Bakersfield's City Manager, and the Council is for- tunate to be able to keep him here, because he does an outstanding job. Councilman Whittemore proceeded to explain the expendi- tures listed in Mrs. Monroe's questionnaire letter to both the Finance Director and the City Manager, and justified the expenses as approved by the City's Finance Committee. He stated that the City's budget has increased over a period of ten years which can only be expected due to the rise in costs for everything. The amount of time the City Manager and the staff have spent writing Bakersfield, California, December 4, 1972 - Page 3 letters of explanation to Mrs. Monroe has cost the taxpayers a great deal of money. If every taxpayer in the City demanded letter after letter, it would certainly tie up government. Councilman Rucker remarked it seemed to him from reading copies of letters given to the Council, that the City Manager and the Assistant Finance Director have endeavored to answer her questions adequately. Mrs. Monroe commented that the Council is acting the same as the staff, not answering her questions to her satisfaction, she wants specific names and detailed explanations. Councilman Heisey stated that he thinks everyone on the Council supports the staff without any reservations, the Council is fortunate to have an outstanding City Manager and an outstanding staff. Every citizen is entitled to answers to questions, but the Council cannot guarantee they are going to like the answers they receive, and obviously, Mrs. Monroe does not like the answers she has received. Mrs. Monroe stated that the City Council had told her group in September that action would be deferred for two weeks on a proposed increase in salaries for certain department heads, but this was not done, they were acted upon at the next meeting; there- fore, this constituted a lie to the taxpayers. Councilman Thomas responded that he had checked the tape of the September meeting in question in the City Clerk's office, but no mention appeared on the tape that any two weeks' delay was considered. Councilman Whittemore told Mrs. Monroe that if she had any questions regarding the operation of the City, he is always available and for her to feel free to call him at home, as he will be happy to answer any questions that he can. Upon a motion by Councilman Medders, resignation of Mr. Johnny Wiley as a member of the Fire Department Civil Service Board due to demands on his time by his present position, was accepted, and a letter of appreciation for his distinguished record of community service was ordered sent to him. Bakersfield, California, December 4, 1972 - Page 4 2O3 Councilman Medders nominated Mr. Howard Lake to fill the vacancy on the Fire Department Civil Service Board created by the resignation of Mr. Wiley. Councilman Rucker asked that this appointment be deferred as he would like to consider other nominees for this vacancy. Councilman Whittemore then moved that the matter be deferred for two weeks. opposition to the substitute motion as the essence, and Mr. Lake is qualified Councilman Heisey spoke in in his opinion time is of to fill the vacancy. Councilman Bleecker agreed, stating he would oppose the motion to hold the matter over for two weeks. Councilman Rees stated that he would rather not be placed in the position of voting on the nomination tonight, and would support the motion to delay the matter for two weeks. Vote taken on the substitute motion carried as follows: Ayes: Councilmen Rees, Rucker, Thomas, Whittemore Noes: Councilmen Bleecker, Heisey, Medders Absent: None Councilman Bleecker commented that he understands the term of Mr. Robert Lumis as a member of the Police Department Civil Service Board will expire on December 31, 1972, and nomi- nated Mr. Robert Lumis for reappointment as a member of the Police Department Civil Service Board. men Rees and Whittemore voting Mr. Robert Lumis was This motion carried with Council- in the negative. therefore reappointed as a member of the Police Civil Service Board for a six year term expiring December 31, 1978. Councilman Heisey nominated Building Director Justus Olsson for reappointment as a member of the Board of Zoning Adjust- ment for a three year term expiring December 1, 1975, and Mr. Phil White, Senior Building Inspector to serve as alternate. This motion carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Noes: None Absent: None Thomas, Whittemore 204 Bakersfield, California, December 4, 1972 - Page 5 Upon a motion by Councilman Rees, Mr. Dale Hawley, Deputy Director of Public Works, was appointed to the Board of Zoning Adjustment to serve as alternate to Director of Public Works Bidwell, and Mr. Charles Leach, Assistant City Attorney, was appointed as alternate to Mr. Kenneth Hoagland, City Attor- ney, to serve in his absence, terms to be concurrent with the principals. Mayor Hart stated that traditionally the downtown Christmas tree lights on Truxtun Avenue were turned on at the conclusion of the Christmas Parade, but inasmuch as the parade did not materialize this year, he suggested that the lights go on simultaneously with the planting of a Freedom Tree dedicated to LCDR James Mills US~by his parents, who has been missing in action since September 21, 1966, and the unveiling of a plaque honoring all POWS and MIAS. The ceremonies will be held under the auspices of VIVA (Voices in Vital America) on December 6, 1972, at Bakersfield High School, beginning at 9:50 a.m. Councilman Heisey moved that this be designated as the official time for turning on the downtown Christmas tree lights. This motion carried unanimously. Reports. Councilman Bleecker, Chairman of the Business Develop- ment and Parking Committee, stated that this Committee has recently received a request from local merchants within the area of the parking mall to delay the reopening of 17th Street between Chester Avenue and "H" Street and Eye Street between 17th and 18th Streets to two-way traffic until the Bank of America building complex is completed. The Committee has reviewed this request with the staff and recommends approval of the merchants' request as an interim measure. Adoption of a proposed ordinance will accomplish this objective. When actual traffic demands do necessitate the deletion of these streets from the parking mall, the Business Development and Parking Committee will recommend appropriate Council action. Bakersfield, California, December 4, 1972 - Page 6 205 Upon a motion by Councilman Bleecker, the report was adopted and the ordinance was considered given first reading. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1685 to 1738, inclusive, in amount of $25,035.02 (b) Plans and Specifications for two lighted tennis courts located at Siemon Park (Approve and advertise for bids) (c) Acceptance of Work and Notice of Completion for Contract No. 76-72 for Construction of R.C.P. Culvert at Stine Canal and New Stine Road (d) Street right of way Deeds from Del Pine Development Company; James, Alfred & Jack Saba, and Gerald B. Clifford and others (e) Application for Encroachment Permit from Del Pine Development Company (f) Application for Encroachment Permit from San Joaquin Community Hospital, 2628 Eye Street (g) Corporation Grant Deed from Atlantic Richfield Company Councilman Heisey pointed out that the Council will be approving more than $27,000 worth of expenditures tonight and he wanted to impress on the public that none of these vouchers is secret, a three member Committee of the Council reviews each of these vouchers which have been previously reviewed by the staff. Any citizen may feel free to come to the Finance Department and review the list of vouchers at any time. Councilman Medders moved adoption of Items (a), (b), (c), (d), (e), (f) and (g) on the Consent Calendar. This motion carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Councilman Bleecker commented that there is a well- defined process for approving City expenditures, particularly budgeted items, and the general public should know that all bills of the City are reviewed meticulously by the Voucher Approval Committee of the Council. Very often certain items are questioned 206 Bakersfield, California, December 4, 1972 - Page 7 are audited by an once a year. by the Committee and must be thoroughly explained by the staff before the Committee recommends to the Council that the vouchers be approved for payment. In addition, all financial transactions independent firm of certified public accountants, Ayes: Noes: None Absent: None Action on Bids. Upon a motion by Councilman Thomas, low bid of Special- ized Spray Service to clean 132 lots for the amount of $6,125, under the 1972 Phase II Weed Abatement program, was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Deferred Business. Upon a motion by Councilman Whittemore, Ordinance No. 2059 New Series of the City of Bakersfield amending Chapter 5.38 of the Municipal Code providing that the benefits of the Firemen's Pension System are not subject to execution, garnishment or attach-. ment, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Upon a motion by Councilman Thomas, Ordinance No. 2060 New Series of the Council of the City of Bakersfield amending sec- tion 11.04.781 (Speed Limit on Wilson Road) of the Municipal Code of the City of Bakersfield, was adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Adoption of Resolution No. 85-72 of the Council of the City of Bakersfield determining whether Route 58 Freeway will sever nonmotorized routes. Upon a motion by Councilman Rucker, Resolution No. 85-72 of the Council of the City of Bakersfield determining whether Route 58 Freeway will sever nonmotorized routes, was adopted by the following vote: Bakersfield, California, December 4, 1972 - Page 8 2O7 Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Approval of Agreement with Kern Cog for preparation by Kern Cog with the assistance of the Planning Staff of Conservation and Open-Space Plans and Draft of Open-Space Zoning Ordi- nance for the City of Bakersfield. State law requires that cities adopt conservation and open-space elements of the General Plan and Open-Space Zoning Ordinance on or before June 30, 1973. Assistance by Kern Cog, under this agreement, is the most economic and expeditious way to accomplish the work. Payment by the City may be in services, materials or cash and does not exceed $3,200. 701 Funds provide two-thirds of the cost. Planning Director Sceales explained that since the City of Bakersfield is over 50,000 population, it is not eligible for 701 Funds which are Federal Funds administered by the State. How- ever, if they work together with Kern Cog in an area wide plan, the funds will be provided and will cover the area outside the City of Bakersfield. Councilman Whittemore commented that as the Council's representative to Kern Cog, he can say that he will soon be making monthly progress reports to the Council. The Kern Council of Governments was formed in self-defense to preclude the State of California being compelled by the Federal Government to step in and form another regional committee which would have included an area as far north as Merced and over which this area would have 208 Bakersfield, California, December 4, 1972 - Page 9 no control. Using the Planning Department and Public Works Depart- ment to perform some of the requirements is considered in-kind services and saves the taxpayers money. Upon a motion by Councilman Whittemore, Agreement between the City of Bakersfield and Kern Cog was approved and the Mayor was authorized to execute the Contract. Approval of Cooperative Agreement between the City and the County of Kern for the construction of Belle Terrace between Stine Road and New Stine Road. Upon a motion by Councilman Rucker, Cooperative Agreemenf between the City and the County of Kern for the construction of Belle Terrace between Stine Road and New Stine Road was approved, and the Mayor was authorized to execute same. Reception of Certification of Election from County Clerk of results of City of Bakersfield Low Rent Housing Measure A consolidated with General Election of November 7, 1972. A Certification of Election from the County Clerk of the Results of City of Bakersfield Low Rent Housing Measure A con- solidated with General Election of November 7, 1972, certified as follows: Total Registered Voters 45,939 Total Votes Cast 32,378 Number of "YES" Votes Cast 14,745 Number of "NO" Votes Cast 14,435 Therefore, Measure "A" is declared to have carried. Upon a motion by Councilman Rucker, the Certificate of Election was received and ordered placed on file. Hearings. This is the time set for continued hearing before the Council on Resolution of Intention No. 878 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of a portion of "K" Street between Truxtun Avenue and 17th Street, in the City of Bakersfield. At meeting of Bakersfield, California, December 4, 1972 - Page 10 209 October 2, 1972, the public hearing was closed and further action deferred until placed back on the agenda by the staff. No protests or objections having been received, upon a motion by Councilman Bleecker, Resolution No. 86-72 of the Council of the City of Bakersfield ordering the vacation of a portion of "K" Street between Truxtun Avenue and 17th Street, in the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore None None This is Noes: Absent: the time set for public 882 of the on Resolution of Intention No. Bakersfield, portion of Westbrook Drive in the City of petty has been duly posted and no written in the City Clerk's office. hearing before the Council Council of the City of declaring its intention to order the vacation of a Bakersfield. This pro- protests have been filed 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 Thomas, Resolution No. 87-72 ordering the vacation of Westbrook Drive in the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore 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 (Single Family Dwelling) or more restrictive, Zone, an R-S (Residential Suburban), or more restrictive, Zone, and an R-2-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive, Zone, Bakersfield, California, December 4, 1972 - Page 11 of those certain properties in the County of Kern located northerly of Stockdale Highway, northerly and westerly of Park Stockdale Estates and bounded on the west and north sides by the existing City Limits, and known as Kern River No. 2 Annexation. This hearing has been duly advertised, the property posted and notices sent as required by law. In the absence o£ Mayor Hart who had asked to be excused from the meeting, Vice-Mayor Whittemore opened the hearing for public participation inviting those persons who were in opposition to the proposed zoning upon annexation to address the Council. Dr. Robert Garner, who stated he was representing himsell! and 150 residents of Park Stockdale Estates, filed a petition con- taining 115 addresses and 152 signatures with the City Clerk. The petition stated that the undersigned property owners in Park Stock- dale Estates do hereby protest the zoning of Kern River #2 and Kern River #3 upon annexation to any zone other than R-1 (Single Family Dwelling), or more restrictive, Zone, and petition the City Council of the City of Bakersfield to require Stockdale Development Corporation to provide additional access to said tract by a road intersecting California Avenue, on the grounds that the present plans and design are inherently dangerous to human life in pro- viding access only from and into said tracts along and upon Stock- dale Highway. Dr. Garner stated Commission level, the residents from Stockdale Estates and Park Stockdale who spoke in opposition to the zoning were not given the consideration that the representative from Stockdale Development Corporation was accorded, that their opposition seemed to be dis- regarded entirely. He displayed a promotional brochure acquired at the time he purchased the lot for his residence in Stockdale Estates nine years ago, which in his opinion, guarantees that the property north of Stockdale Highway would be developed similar to Stockdale Estates, with rigid building restrictions to protect the homeowner's investments. He expressed his and his neighbors objections to the increased traffic which would be generated by that at the hearing held on the Planning Bakersfield, California, December 4, 1972 - Page 12 this project and by the participation of the students of Cal State College. Also, they are objecting to the R-2-D and R-3-D zoning which would permit the construction of approximately 300 apartment units, and the R-S zoning which would permit the keeping of live- stock and horses, thus creating a nuisance of flies, dirt and odor.. Mr. Marvin Stanton, a member of the Bakersfield Apartment Owners Association, stated he lives in an apartment in the neighbor- hood but did not sign the petition presented by Dr. Garner. However, he wished to call the Council's attention to the fact that this area already shows a 20% apartment vacancy rate, and the construction of an additional 300 units would only add to this rate. They are loaded with traffic out that way, he feels that a real solution to the problem would be the addition of a secondary road, and the Council should give this serious consideration. Mr. Tom Underhill, a local attorney and a resident in the Stockdale Estates development, protested the proposed plan, stating that most of the property owners in the area purchased on the basis of Stockdale Development Corporation's representation, either in writing or through the committee Estates to govern construction. northerly part of the area would that was formed in Stockdale No mention was ever made that the include apartments. He, personally, would never have purchased his property if he had had the slightest inkling that Stockdale Development Corporation planned to develop that northerly tract any differently than they developed Stockdale Estates and Park Stockdale. He stated that the apartments are being constructed on a promotional basis, they are merely a tax shelter, the property will not be kept up and will become unsightly. They are opposed to the apartments. They are opposed to the residential-suburban zone because of the horses which would result in flies, gnats and odor and would have an impact on the environment. The Planning Com- mission made its recommendation on the basis that there was no environmental impact involved in this particular development. The property owners intend to pursue that further because they believe Bakersfield, California, December 4, 1972 - Page 13 the existence of the animals that are proposed, and the odor, flies and gnats are a subject which the Planning Director should have gone into specifically and based his report on a consideration of those facts. They believe their objections are pertinent, that the com- munity around Stockdale County Club should be maintained as it is and as it was planned. Mr. Leslie Chambers was recognized at this time. Mr. John Kelly, resident of Stockdale Estates, stated that he is vitally interested in this matter~ and supports the points brought out and covered by Dr. Garner and Mr. Underhill. The residents in the area have voiced an unanimous objection to the plans of the Stockdale Development Corporation. With the increased traffic to the College and the increased traffic to Interstate 5 Highway, there has been a tremendous impact of traffic in the area and these factors should be considered when multiple zoning development is proposed for the area. Mr. Chuck Tolltee, Stockdale Development Corporation spokesman, stated this is the seventh hearing held on this project, the Planning Commission has twice approved the zoning which they have requested for the zoning upon annexation. This project, which has been named Quailwood, will have a park, two elementary school sites, a junior high school site and a shopping center location. The density as proposed was as recommended on their General Plan~ and studies by traffic engineers have taken the generation of traffic into consideration. They have been criticized because of the lack of sufficient access to Stockdale Highway. Traffic engineers agree that high traffic flow patterns produce safer driving conditions, and one way to have the higher volume of traffic with safety is to limit access to the major streets. They are attempting to do this by the use of frontage roads, walls, and restricting the number of curb openings. He touched on the general plan for the R-S suburban, stating that a proposed river crossing west of the college site at Calloway Road which will relieve traffic on Stockdale Highway, is still in their planning. Bakersfield, California, December 4, 1972 - Page 14 Quailwood happens to be within the zone of influence of the State College area, there are deed restrictions on this pro- perty which give the Board of Trustees of the State College System the right to review any proposed development in the area. Also, it provides that any non single residential structures which are built must be approved by a State College Architectural Control Board. The State College has reviewed the plan they are proposing and has stated publicly that this proposed zoning lives up to the intentions of the General Plan. These properties will be zoned with a D Overlay which means fhat the City Planning staff and the Planning Commission have control over the design. Councilman Bleecker asked if the Council was actually considering Hearings Nos. 3, 4 and 5 on the Agenda. Mr. Sceales stated they have been discussing all the agenda. Ten minutes were permitted the opponents during which time the Council heard from Mrs. Carl stated the residents appreciate having the college three proposed rezonings on for rebuttal, Elkins, who in the area, but they do not think the College should dictate how it should be developed. They are only interested in Stockdale Development Corporation being required to develop as they stated they would when the residents bought their lots. They do not think they are misconstruing what was written in the promotional brochure which was issued at the time they purchased the property, and are asking that R-1 zoning be retained across from them and that an access road be built in the rear of the tract. Dr. Garner and Mr. Underhill reiterated their previous arguments. They stressed the density of traffic stating that it would impair the safety of the school children who ride the buses in that area. Mr. Tolltee commented on the objection regarding density, stating that Stockdale Development Corporation expects to construct approximately 392 single family residential units, approximafely 524 four-plexes in the R-2 Zone, a total of 678 units in the R-3 zone and 43 acre lots in the R-S zone. They have dropped the R-3 Bakersfield, California, December 4, 1972 - Page 15 zoning to an R-2 in one area, so that would reduce it by about 40 dwelling units, or a total number of dwelling units would be approximately 1600. He stated that Stockdale Estates and Quail- wood are compatible, that they are capable of existing together in harmony. The plan was developed over an extended period of time, the first plan was submitted to the Planning Commission for its review, Stockdale Development Corporation's staff has reviewed it, it has been submitted to the State College for their review, and they feel that their plan is a very good one for the area. Vice-Mayor Whittemore closed the public hearing for Council deliberation and action. Councilman Rees commented that the Counc~l's decision should not be influenced by the size of the corporation or the size of the audience, but rather on the particu- lar merits of the plan presented. Councilman Heisey asked Planning Director Sceales for his opinion, as a professional planner, of' this project. Mr. Sceales stated that the staff has worked with Stock- dale Development Corporation for quite some time on the overall development plan for the whole area and they feel that the plan is a reasonable one. He pointed out that the Council is not approving any subdivision plans tonight, it is only approving zoning. A tentative map must be submitted to the Planning Commission for approval, and it will eventually come to the Council for final approval. After additional Council discussion and explanation by the Planning Director and the Public Works Director, Councilman Medders stated that he would like to delay action on the rezonings for further study, as there has been a great deal of information given to the Council tonight and it is difficult to make a decision at this time. He then moved that these three hearings be held over until December 18, 1972 for further study by the Council. City Attorney Hoagland called the attention of the Council to the fact that a hearing was held tonight on Items 3, 4 and 5 on Bakersfield, California, December 4, 1972 - Page 16 the agenda, that the comments from the audience and the Council actually covered all three hearings. For technical reasons, hearings should be continued on all three items. Vice-Mayor Whittemore then announced that the motion would be to continue the hearings on Item 3 - to Zone Upon Annexa- tion those certain properties in the County of Kern located northerly of Stockdale Highway, northerly and westerly of Park Stockdale Estates and bounded on the west and north sides by the existing City Limits, and known as Kern River No. 2 Annexation; Item 4 - To Zone Upon Annexation those certain properties in the County of Kern located northerly of Stockdale Highway, between Arvin-Edison Canal on the west and the existing City boundary on the east, and known as Kern River No. 3 Annexation; and Item 5 - To amend the zoning boundaries of that certain property located northerly of Stockdale Highway in the vicinity of E1 Rio Drive. He stated that the public portion of all of these hearings were considered closed for Council deliberation and action. Roll call vote taken on Councilman Medders' motion to defer action until December as follows: Ayes: Rees, Rucker, 18, 1972, carried Councilmen Bleecker, Heisey, Medders, Thomas, Whittemore Noes: None Absent: None Adjournment. There being no further business to come before the Council, upon a motion by Councilman Bleecker, the meeting was adjourned at 11:10 P.M. MAYOR ~ity of Bakersfield, Calif. ATTEST: and E~-Offi~io Clerk of the Council of the City of Bakersfield, California Bakersfield, California, December ll, 1972 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., December 11, 1972. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend John W. Ellison of St. Paul's Episcopal Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Absent: None Minutes of the regular meeting of December 4, 1972, were approved as presented. Scheduled Public Statements. Mr John L. Bowers, Sr., Director of the Kern County Economic Opportunity Corporation Cummunity Action Center #2, the Reverend Stacy Adams, and Mr. Len Edwards, addressed the Council regarding a Community Improvement Association Clean-Up Drive, stating that they are requesting the following from the City Council: 1. Transportation - Either City trucks or other equipment for hauling trash and junk to dump 2. Jail trustees to assist in loading and unloading of trash and junk from roadside and at dump 3. Possible County-City Combined drive in the City areas that border on County areas that would be involved in the drive. 4. Enforcement of Ordinances to prevent this being a continual problem on vacant lots. Other Ordinances that relate to keeping a community clean. Councilman Rucker commented that this same request was brought to the Council several weeks ago by Councilman Medders and referred to the Public Works Director for study and report back to the Council. He then moved that the request of the KCEOC, as presented to the Council this evening, be granted. Director of Public Works Bidwell read a report which he prepared in response to Councilman Medders previous request, stating that it has been requested that the City provide the employees and equipment to pick up discarded items in the southeast Bakersfield, California, December 11, 1972 - Page 2 217 area and transport them to the City Sanitary Landfill. In order to participate in this program on a formal basis, it would be necessary to divide the City into areas and notify the residents within each area of the dates for collecting the discarded items. The City could then send a crew down each alley or along the street and collect all obvious discards, except brush. It would be necessary for the property owner to make arrangements by telephone for the collection of the discarded items on private property, and to be home when this is done. For an active clean-up program, it would be necessary to appropriate funds to hire temporary personnel and rent at least one skip loader or use our present employees and equipment on Saturdays. It would require 4 to 6 weeks or 10 to 12 Saturdays to cover the entire City. The estimated cost is $5,000 to $6,000. The length of time and actual cost will depend upon the effect- iveness of the campaign to clean up the City. This type of program should be instituted after the annual program of leaf collection is completed, about February l, 1973. If there is sufficient community support of this program, the City could consider an appropriation of funds for an annual spring clean-up for the City. Mr. Bergen commented that the City has periodically assisted in clean-up campaigns in a particular area, however if a systemized clean-up program is to be instituted throughout the entire City twice a year, it will involve budgeting funds for this purpose. Councilman Rucker stated that drive would be conducted the same as it all discarded items and trash dumped by he was assuming that this had been in the past, win residents on specified collection points and the City would use its equipment to convey the material and junk to the landfill, without additional expense to the City. Mr. Bergen stated that presently the City is staffed to use its crews to pick up trash on a routine basis, and this request from KCEOC can be crowded into the present schedule without Bakersfield, California, December 11, 1972 - Page 3 necessitating the payment of a great deal of overtime for City crews. In his opinion it would be perfectly appropriate for the Council to direct Mr. Bidwell to meet with the representatives of KCEOC and provide assistance as was done for the last clean-up. Councilman Heisey commented that to assist any area that is willing to get out and pick up trash and junk and pile it up somewhere for collection by the City, he certainly does not think any proposal of this type is feasible. Councilman Rees stated that improper to recognize that there is a is a fine program, but for a continuing program he doesn't think it is particular need in a part- icular area and sometimes it is necessary to stretch a point to meet that meed. Councilman Bleecker commented on KCEOC's request to enforce the ordinances in order to prevent this being a continual problem on vacant lots and asked the City Attorney what provisions there are in the Municipal Code to prevent this. Mr. Hoagland stated that it is illegal to dump refuse on vacant lots or city streets; however, the problem of enforcement is one of catching the offender in the act. Generally speaking, it is the owner's responsibility to keep his property clean even though the littering has been done by others. Councilman Bleecker then moved that Councilman Rucker's motion be amended to adopt a minute order to enforce regulations requiring owners to clean up their own property and keep it free from trash and refuse. Councilman Medders commented that if one section of the City needs it, that all areas of the City should receive the same treatment. Councilman Whittemore stated there have been many groups who have launched programs to clean up the City, have sponsored beautification programs for the City. He serves on KerCog as a representative of the City of Bakersfield and last Tuesday night he voted against a million dollar budget for KCEOC, which was approved. He feels that some of these funds should be channeled Bakers£ield, California, December ll, 1972 - Page 4 to areas where employment could be provided to the people and that the equipment operated by KCEOC purchased by taxpayer's money should be used to help clean up this neighborhood. Mr. Edwards stated that this drive is not a ~unction of KCEOC' but is a function of several groups that are working to- gether under an advisory organization of KCEOC to accomplish some- thing for the individual neighborhoods in the area. There are no funds available from KCEOC for this clean-up campaign. This is totally a neighborhood community effort. Councilman Rees stated that he would support Mr. Rucker's motion and Mr. Bleecker's amendment to the motion. After some additional Council comment, vote taken on the motion carried, with Councilmen Medders and Whittemore voting in the negative. Mrs. Marvetta Pankow,Saf~ey Chairman £or Colonel Nichols PTA, appeared before the Council for the second time, stating they wanted to advise the Council that the signs painted on the street at the intersection of Renegade and Wenatchee should be moved further back on the south side of the street and also that there are no yellow crosswalk signs at the intersection of University and Boise, which is within 1400 feet of the school. Since it is not legally possible to lower the speed limit at the intersection of Renegade and Wenatchee, they would like to have more enforcement by the Police Department to reduce the traffic hazards. She asked several questions regarding stop signs, signal lights and crossing guards, which were answered by City Manager Bergen and Director of Public Works Bidwell. Councilman Rees stated that he had been told by Lieutenant Meek o£ the Traffic Authority, that this inter- section does not meet the critera for a crossing guard, and made available to Mrs. Pankow a report from the traffic division regard- ing the request for a stop sign at the intersection at Renegade Avenue and Wenatchee Street and the results o£ radar speed surveys for this area. Mayor Hart remarked that the report from the Traffic Division should answer Mrs. Pankow's questions. The Council is Bakersfield, California, December 11, 1972 - Page 5 concerned with the safety of the dhildren, that something must be done to protect the lives of the children, and it will be done within the Council's realm of responsibility and authority. He offered to accompany Mrs. Pankow to discuss the matter with the principal of Colonel Nichols School to see iS something can be worked out to alleviate the fears of the parents for the safety of their children. Mrs. Glenn Yeoman, president of the Colonel Nichols PTA, thanked the City Council and the Police Department for their quick response to the request to investigate the problem at the inter- section of Renegade and Wenatchee. The PTA representatives are in the process of forming a committee to explore traffic safety procedures and have asked Councilman Rees, the Road Commissioner, and representatives of the Police and Public Works Departments to serve on this Committee. Councilman Rees stated that he would be happy to do so and will attempt to include such representatives of the City as may be available and desirable to serve on the committee and to answer questions of the PTA. Council Statements. Councilman Heisey reported that as the Council's represent- ative on the Urban Advisory Committee for the Kern County Water Agency, he was elected to serve on the five member committee to select the engineering firms for the construction of the Cross Valley Canal. Three or four days were spent interviewing firms and the firms of Bookman and Edmondson Engineering, Leeds, Hill and Jewett, Boyle Engineering and Tom Stetson, formed a consortium which was awarded the contract for the primary design of the Cross Valley Canal. A contract was also awarded to Rickett, Reeves and Ward for a survey of the soil services. He is satisfied they will receive fine en- gineering services from these firms and feel they received a bid which was commensurate with the work to be done. This does not include the treatment plant or the spreading grounds, it is strictly the cross-valley canal. The engineering firm for any work in the later ~tages will be recommended by the Advisory Committee, rather than by Joint Committee~ because all of that work will be paid for Bakersfield, California, December 11, 1972 - Page 6 primarily by the Urban area. Reports. Upon a motion by Councilman Thomas, Meek of the Traffic Division, regarding traffic count for stop sign at Renegade Avenue and Wenatchee Street, and ordered placed on file. The following (a) report of Lieutenant and request was received Consent Calendar. (b) (c) items were listed on the Consent Calendar: Allowance of Claims Nos. 1739 to 1817, inclusive, in amount of $63,819.41 Request for leave of absence without pay for Augustine A. Rosales, Poundman at Municipal Pound Request for 90 day leave of absence without pay for George Stiles, Waste Water Treatment Plant Operator II Upon a motion by Councilman Medders, Items (a), (b) and (c) Ayes: Noes: Absent: of the Consent Calendar, Councilmen Bleecker, Whittemore None None were adopted by the following vote: Heisey, Medders, Rees, Rucker, Thomas, in the San Joaquin Valley It would hate to have it restored train. would be nice to have it, but he and still no passengers riding the Report of Legislative Committee. Councilman Rees, chairman of the Legislative Committee, stated it is the recommendation of the Committee that the Mayor be directed to send a communication to Congressman Bob Mathias urging favorable consideration by the administration of the restoration of passenger service to the San Joaquin Valley. Mayor Hart commented that he has been corresponding with Congressman Mathias, both Senators and Mr. Ketchum in behalf of passenger service in the San Joaquin Valley, but he has never indicated that the Council desired him to take such action. Council- man Rees then moved that the Mayor send a letter to Congressman Mathias requesting restoration of the passenger service and that funds be released for this prupose Councilman Heisey stated that he did not believe there has been any hue and cry to restore the AMTRAK passenger service Bakersfield, California, December 11, 1972 - Page 7 Mayor Hart stated that he has written a number of letters, he has been contacted over a period of time and has received advice on how to make passenger train service successful through scheduling. Councilman Bleecker commented that he hasn't had anyone contact him and request passenger service through Bakersfield. If fhe need were there, if people were down to the Council meetings clamoring for the service, it would be different. As far as he is concerned, AMTRAK has been a fiasco, it represents the federal government taking over one of the largest entities in this country, and the railroads were glad to unload it. Unless a real need could be demonstrated to him, he would not support the recommendation of the Legislative Committee. He then moved that the motion be tabled. This motion failed to carry by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders Noes: Councilmen Rees, Rucker, Thomas, Whirremote Absent: None Councilman Whittemore stated that he did not want to get into a debate regarding the merits of AMTRAK. Over the years representatives of certain groups and individuals have appealed to the Council to use its influence with the railroad in an attempt to improve the service. He doesn't know whether consideration will be given to the Council's request, but if the service were improved, he is sure people will ride the trains and enjoy them. Councilman Medders commented that at the time he and Mr. Rees first discussed this, it seemed like a good idea, but he has changed his mind since he discovered that AMTRAK has lost a great deal of money during its first operating year, and he cannot support the motion. Councilman Heisey stated that people are inclined to let their nostalgia run away with them, it was fun to ride the pass- enger train to San Francisco, but those days are gone and there is no way to bring them back. If people want cheap transportation, they can ride the bus. He doesh'f feel there is any place for a passenger train other than in an amusement park. ~Bakersfield, California, December 11, 1972 - Page 8 Vote taken on Councilman Rees' motion to request Congress- man Bob Mathias to use his influence for the restoration of pas- seager train service in the San Joaquin Valley failed to c~rry by the following vote: Ayes: Councilmen Rees, Rucker, Whirremote Noes: Councilmen Bleecker, Heisey, Medders, Thomas Absent: None Action on Bids. Upon a motion by Councilman Medders, low bid of Tri-Way Contractors was accepted for carpet replacement at the Civic Auditorium, all other bids were rejected, and the necessary transfer of funds in amount of $23,775.00 was authorized to provide the additional funds necessary for the purchase of the carpet. Upon a motion by Councilman Medders, low bid of Griffith Company for construction of a lighted Game Court area in Centennial Park was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Director of Public Works Bid- well pointed out that the total cost of this development will be approximately $18,000.00, even with the City forces doing some of the work, there will be additional material required for this pro- ject Councilman Bleecker stated that it has been brought to his attention that the tennis courts in Jastro Park are in need of resurfacing or repair. He asked Mr. Bidwell to get in touch with him at his very first opportunity and give him a report on the appraisal of the surface of the tennis courts in Jastro Park. Deferred Business. Upon a motion by Councilman Bleecker, Ordinance No. 2061 New Series of the Council of the City of Bakersfield amending Section 11.17.020 of the Municipal Code of the City of Bakersfield setting the boundaries of the Parking Mall, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Bakersfield, California, December ll, 1972 - Page 9 Adoption of Resolution No. 88-72 limiting ~he force and effect of Resolution No. 76-72 concerning interim guidelines and procedures for determining whether a project may have significant effect on the environment and for preparation of Environmental Impact Reports, if required. Upon a motion by Councilman Whittemore, Resolution No. 88-72 limiting the force and effect of Resolution No. 76-72 concerning interim guidelines and procedures for determining whether a project may have significant effect on the environment and for preparation of Environmental Impact Reports, if required, following vote: was adopted by the Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Approval of Contract with William D. Lovelace for temporary drafting services in the Public Works Department. Upon a motion by Councilman Rees, Absent: None D. Lovelace for temporary drafting services contract with William in the Public Works Approval of release of Bond for Improvements in a portion of Tract No. 2560. in a side Street, Agreement of Height approved, Upon a motion by Councilman Thomas, bond for improvements portion of Tract No. 2560 for frontage road along the west of New Stine Road between Stockdale Highway and Sarazen was released and the County Counsel is to be so advised. Approval of Local Agency and State Topics Agreement for Construction of Traffic Signals at the intersection of Height and Haley Streets. Upon a motion by Councilman Heisey, Local Agency and State for construction of traffic signals at the intersection and Haley Streets for an estimated cost of $44,000, was and the Mayor was authorized to execute the agreement. Approval of Construction Change Order No. 2 for Phase One - Relocation of Sewer Mains for State Route "58" Freeway. Upon a motion by Councilman Rucker, Construction Change Order No. 2 to Monatley, Inc., in amount of $461.26, for Phase One - Relocation of Sewer Mains for State Route 58 Freeway was approved, and Mayor was authorized to execute the Change Order. the contract. Department was approved, and the Mayor was authorized to execute Bakersfield, California, December 11, 1972 - Page 10 Hearings. This is the time set for public hearing on the initiated action by the Planning Commission to amend the zoning boundaries from an R-1 (One-Family Dwelling) Zone to a C-2-D (Commercial - Architectural Design), or more restrictive, Zone, of that certain property north of Brundage Lane, between Milham Drive and Bliss Streets. posted. meetings Commission considered this land presently owned now desires to sell major highway. The Planning Commission is Commercial~ Zoning would be adequate This hearing has been duly advertised and the property Notices were sent to property owners as required by law. At a public hearing held November 1, 1972 and at adjourned held November 15 and November 20, 1972, the Planning of the opinion that C-1 (Limited for the proposed neighborhood commercial uses, and would recommend approval of C-1 zoning for said parcel with the application of the "D" (Architectural Design) overlay to protect the traffic flow onto Brundage Lane and to insure a com- patible development with the proposed County library. Mayor Hart declared the hearing open for public part- icipation. No protests or objections being received, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Rucker, Ordinance No 2062 New Series amending Title 17 of the Municipal Code by changing the land use zoning of that certain property north of Brundage Lane, between Milham Drive and Bliss Street, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None This is the time set for Public hearing before the Council of the City of Bakersfield to amend the zoning boundaries from an R--1 (One-Family Dwelling) Zone to an R-3 (Limited Multiple Family Dwelling) or more restrictive, Zone, of that certain property located easterly of New Stine Road, between Belle Terrace and Nordic Drive (St. John's Lutheran Church.) zone change, which involves a parcel of by the City of Bakersfield but which the City This parcel has access to Brundage Lane, a Bakersfield, California, December ll, 1972 - Page 11 This hearing has been duly adverticed and the property posted. Notices were sent to property owners as required by law. This R-1 zoned property was one parcel of two parcels of land requested by the church to be rezoned. Due to an error in advertising this parcel, even though it was approved by the Planning Commission at its October 4, 1972 meeting, the action was con- sidered null and void. The Planning Commission, at its November 1, 1972 meeting, again considered this zone change request. This proposed R-3 zoning will be contiguous to existing R-3-D property; it was the opinion of the Commission the proposed zone change would be compatible with the zoning and development of adjacent properties and neighborhood. However, the Planning Commission would recommend approval of the R-3 (Limited Multiple Family Dwelling), or more restrictive, Zone, with the application of the "D" Overlay Design to insure a compatible'development and to protect the traffic flow onto Belle Terrace and Nordic Drive. Mayor Hart declared the hearing open for public part- icipation. Mr. Robert Edwards, a member of St. John's Lutheran Church, stated that when they decided to build the church on this property, they found they had excessive land, so it was recommended that the portion they had decided to sell be rezoned to an R-3 zoning to be compatible with the surrounding neighborhood. Councilman Thomas stated that he had advised Mr Edwards that he would strongly oppose an R-3 zoning and would recommend R-2 and he asked if the church would be opposed to R-2 zoning. Mr. Edwards stated that they had made an application to the Planning Commission with an R-3 zoning in mind and the Planning Commission had concurred that this would be compatible with the area. Councilman Thomas stated people were opposed to the R-3 zoning high density in this area, and he continually receives com- plaints from the R-1 zoning south of Ming Avenue because of the heavy traffic impact. Therefore he will go on record as opposing R-3 zoning and will move to accept only R-2 Zoning. 227 Bakersfield, Californ±a, December 11, 1972 - Page 12 Mr. William Schallock, an adjacent property owner, stated that he has apartments zoned R-3 across the street from this parcel of land and he feels the R-3 zoning would be compatible with the area. He realizes there are alot of apartments in the area, but he doesn't think the area is suitable for anything else but R-3. No one speaking in opposition to the application for rezoning, the public hearing was closed for Council deliberation and action. Councilman Heisey stated he feels this is a reasonable request,it was inadvertently left off the agenda once and was not approved. These gentlemen have been waiting patiently to dispose of their property and he feels R-3 zoning is compatible for the area. He then moved to adopt Ordinance No. 2063 New Series amending Title 17 of the Municipal Code by changing the land use zoning to R-3-D, of that certain property located easterly of New Stine Road between Belle Terrace and Nordic Drive. Councilman Thomas offered a substitute motion to approve R-2 zoning of the property. After Council discussion, vote taken on the substitute motion failed to carry by the following roll call: Ayes: Councilman Thomas Noes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Whittemore Absent: None Vote taken on Councilman Heisey's motion to adopt the Ordinance amending Title 17 by changing the Land Use Zoning of this property to R-3-D, carried Ayes: Councilmen Bleecker, Noes: Councilman Thomas Absent: None by the following roll call: Heisey, Medders, Rees, Rucker, Whittemore Adjournment. There being no further business to come befo~ the Council, upon a motion by Councilman Thomas, the meeting was adjourned at 9:50 P.M. ~ity of Bakersfield, ATTEST: CITY CLERK and ~x-Ol~icio Clerk of the Council of the City of Bakersfield, California Cmlif. Bakersfield, California, December 18, 1972 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., December 18, 1972. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Thomas W. Toler of the First Christian Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Absent: None Minutes of the regular meeting of December ll, 1972 were approved as presented. Adoption of Resolution Concerning Key '73. Councilman Heisey read the following Resolution into the record: WHEREAS, the principle of separation of church and state in our nation's history and tradition applies correctly to the structures of religion and government but does not accordingly impose the separation of the principles of religion from the principles of government, and WHEREAS, from its beginning our nation has looked to God as the author and sustainer of life and has sought His protection and guidance in prayer both publicly and privately expressed, and WHEREAS, more than 150 Christian demoninations in America which include over 100 Million Christians at work and worship in over 300,000 churches and groups have voluntarily and co- operatively designated the year 1973 as the year to "Call Our Continent to Christ" in a simultaneous emphasis and effort to be known as "Key 73", and WHEREAS~ this movement is to be officially launched in our nation on December 26, by desig- nating the hour of noon as a "time of daily prayer" in preparation for the launching of Key '73 on January 6, in a special nationwide television broadcast which will be aired over Channel 23 in Bakersfield at 7:30 that evening, BE IT THEREFORE RESOLVED, that the Bakersfield City Council joins with all those concerned with the successful launching of Key '73 in this com- munity by urging individuals to participate in the Noon Prayer Call each day beginning December 26, through January 6, by stopping whatever they are doing for a few moments to pray individually or with others for repentance and response of millions of Americans during 1973 to the love of God and the claim of Christ upon their lives, Bakersfield, California, December 18, 1972 - Page 2 Ayes: Noes: Absent: Board of letter AND BE IT FURTHER RESOLVED, that the hour of prayer at 12 noon on the aforementioned dates be signaled by the ringing of church bells, the sounding of carillon chimes, the blowing of factory whistles and claxons, and the sounding of auto horns. Councilman Heisey stated that this resolution has been submitted to the Council by the Bakersfield Key '73 Coramittee con- sisting of representatives of more than 50 churches in this com- munity. He then moved adoption of the Resolution. Councilman Rees commented that as a Christian, he whole- heartedly supported this program, but he would like to make the observation that not all people in the community, not all people who worship God, are Christians. He asked if this resolution would in any sense offend those people who might not be Christians. Councilman Heisey stated he didn't see how it could, that it is pretty well recognized that everyone isn't a Christian. But this is considered a Christian nation, it is considered that it is predominately Christian. Councilman Rucker stated he thinks it is an outstanding idea, and certainly he would be one that would support the resolu- tion. He thanked Reverend Toler for presenting the resolution to the Council. Vote taken on the motion to adopt the resolution carried as follows: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore None None Scheduled Public Statements. Supervisor David A. Head, Chairman of the Kern County Supervisors, stated he would like to read the following from the Board of Supervisors: The Bakersfield City Council and the Kern County Board of Supervisors are confronted with new problems daily. We sometimes seek solutions in different ways, but always in our minds and hearts is the thought "what is best for the majority of the people we represent." The mutual problems we face are many times overcome by the combined efforts of our depart- ments; sharing ideas and knowledge, working for a common goal. Without this kind of cooperation, the two agencies we represent could not function. 230 Bakersfield, California, December 18, 1972 - Page 3 On behalf of The Board of Supervisors, I thank each Councilman for his efforts in 1972, and wish to express personally my gratitude to Mayor Don Hart for all of his help to me while serving as Chairman of the Board. The Board of Supervisors wishes each of you a very Merry Christmas, and pledges continued cooperation and understanding in the New Year. Mayor Hart expressed the appreciation of the Mayor and Council for the offer from the Board of Supervisors of continued cooperation and mutual understanding. All Councilmen echoed the Mayor's sentiments and extended a greeting of Merry Christmas to the Board of Supervisors. Upon a motion by Councilman Thomas, the letter was received and ordered placed on file. Mr. David Press, City bus driver, one of several bus drivers attending the Council meeting, asked the Council to take action to prevent additional armed robberies on the City buses. He was one of the victims and is greatly interested in preventing recurrences of this nature. In order to alleviate the situation, he asked the Council to enact an emergency measure to install an exact fare system on the buses, effective Thursday, December 21, 1972. This system has proved an effective deterrent in cities all over the country including Los Angeles and Fresno. The bus drivers feel that prompt action is a necessity. Councilman Medders asked Mr. Hoagland regarding the legality of putting this change into effect by December 21st. Mr. Hoagland answered that the exact fare structure can be done as a matter of administrative policy, if it is the desire of the Council. Councilman Medders stated that it seems to him to be a reasonable request, it may create some hardship on The passengers for a day or two, but if sufficient publicity is given to The change- over and as the passengers become change for the fare, there should be no problems. Councilman Heisey asked The City Manager to comment on the request, as he has been very close to the situation for a good many years. accustomed to carrying the exact Bakersfield, California, December 18, 1972 - Page 4 Mr. Bergen stated he would like to go into the back- ground of the Transit District in order to explain why nothing has been done on this earlier. The Metropolitan Transit District was formed last June and has been meeting periodically. The City expects to transfer the actual operation of the transit service to the District on January 1, 1973, or as soon as possible thereafter. The District is meeting this week to consider employment of a General Manager. The Council will recall when the prior Transit Superin- tendent retired, the position was not filled. The Transit Superin- tendent had considered recommending an exact fare system, but since he left, no further consideration was given this pending the District takeover. One of the principle problems he found when evaluating it about six months ago, was that the City's present fare structure of 30~ and 40~ would make an exact fare structure rather difficult and would exclude passengers. The amount of change issued to the drivers has been reduced. Mr. Bergen stated the exact fare structure should be given priority consideration by the Transit District, but he believes more study should be given before making a change on such short notice. Councilman Heisey stated he was happy to hear the Manager's comments, as in his opinion, it would be improper for the Council to take any action regarding the Transit District. The City of Bakersfield is only operating and maintaining it on a caretaker basis and he is not even certain that the Council has the legal authority to take such action. A Transit Board has been appointed to solve any problems of the District and they are the ones expected to do so. In his opinion, the Council should withhold action for a few more weeks until the District can take over the Transit System. Councilman Bleecker asked Mr. Press if he and the other bus drivers would be satisfied with a recommendation from the Council to the Transit District that it seriously consider the exact fare system because of certain problems such as armed robberies on the buses. his act Mr. Press stated he opinion he would say that is now. cannot speak for anyone else, but in the danger is now, and the time to 232 Bakersfield, California, December 18, 1972 - Page 5 Councilman Bleecker asked the City Manager how long it would take for a complete changeover of the bus operation for the Transit System. Mr. Bergen stated that they had originally planned for the system to be transferred to the Metropolitan Transit District on January 1, 1973. However, it doesn't look as though a General Manager will be employed by that date. The Transit Board is meeting this week to review applications received for the position. Councilman Rucker commented that the Council should protect not only the drivers, but the passengers who ride the buses, and he moved that the Council go on record as supporting the request, to become effective Thursday, December 21, 1972. Councilman Whittemore supported the motion, stating that he sees nothing wrong if some revenue is lost.until passengers become familiar with the new system. He would assume the same people ride the same routes each day, and perhaps until they were educated to carry the exact change, the passengers could ride and pay later. He suggested to the news media that this new exact fare system be given wide publicity and asked the staff to have signs posted in the buses informing the public of the need to carry exact change for the fare. Councilman Rees asked if the coin equipment would take time to install, and Mr. Bergen replied that the coin collectors are on the buses now, so there is no particular problem with that. If the Council wishes to have the change made, as much publicity as possible should be given to the fact that the buses will be going on an exact change system by Thursday, so that people are aware that they must have coins with them or they cannot ride. Mayor Hart commented that it might be necessary for the bus drivers to sacrifice some of the punctuality of their schedules for a few days, until passengers become acquainted with the new system. Mr. to make very will not Bergen stated that clear, that the coin box will not take a dollar take currency, the fare must be paid in coins. there was one thing he would like bill, 233 Bakersfield, California, December 18, 1972 - Page 6 Councilman Rees moved to amend Councilman Rucker's motion to make the changeover effective next Monday, in order to give adequate opportunity for the news media and the City to alert the public to the proposed change. Mr. Bergen stated they do not operate on Sunday or holi- days, and perhaps December 26th should be designated as the effective date for the changeover. Councilman Heisey objected to any change as he feels the matter should be discussed with the Transit Board before any action is taken by the Council. Councilman Rucker asked Mr. Press if there would be any objection to making this changeover effective December 26th instead of December 21st, and Mr. Press answered that since there were problems involved, this action would be acceptable. Vote taken on the motion carried by the following roll Councilmen Bleecker, Medders, Rees, Rucker, Thomas, Whiftemore Noes: Councilman Heisey Absent: None Correspondence. Upon a motion by Councilman Heisey, communication from Congressman Bob Mathias, enclosing response received from HUD setting out the reasons for the decision not to fund the Mayflower Tract Drain Project at the same level as was originally approved, was received and ordered placed on file. This was in response to a communication sent by Mayor Hart upon direction of the Council. Council Statements. Councilman Thomas commented that two weeks ago the Council accepted the resignation of Mr. Johnny Wiley as member of the Fire Department Civil Service Board and deferred action to fill the vacancy on the Board created by his resignation. Councilman Thomas then nominated Mr. Rod Williams, Attorney residing at 2429 Bay Street, to fill the vacancy. call: Ayes: 234 Bakersfield, California, December 18, 1972 - Page 7 Councilman Heisey nominated Mr. Howard Lake for this vacancy. Mr. Lake at one time served as Chairman of the Miscellaneous Civil Service Board and is currently Manager of Christian Towers. Councilman Bleecker commented that Mr. Williams is a good lawyer and a good candidate who was unsuccessful in a recent election. However, he cannot support Mr. Williams for this vacancy because he feels it is untimely to put his name in nomination to serve on the Fire Department Civil Service Board because the Councll to vote for a gentleman who not long ago defended in a Civil Service Hearing and took a position against is being asked City employees the City. Councilman Thomas defend a client and he does remarked that an attorney is paid to it to the best of his ability. He does not consider that acting as a defense attorney for City employees would disqualify Mr. Williams from serving on the Civil Service Board. Councilman Rees agreed, stating that he feels it is quite possible for an attorney to do a professional job and to preserve his personal integrity. Roll call vote taken on motion to appoint Mr. Rod Williams to fill the vacancy on the Fire Department Civil Service Board carried as follows: Ayes: Councilmen Rees, Rucker, Thomas, Whirremote Noes: Councilman Heisey, Medders Absent: None Abstaining: Councilman Bleecker Mr. Rod Williams was therefore appointed as a Member of the Fire Department Civil Service Board to fill out term of Mr. John Wiley expiring on December 31, 1977. Councilman Bleecker stated that on the 13th and 15th of December, the Bakersfield Californian newspaper saw fit to take certain Councilmen to task for their vote last Monday evening on the AMTRAK issue. The first article, copy of which was sent to him by the Editor of the Californian on the 13th of December, was an editorial, and the other article written by a staff writer, appeared on the 15th of December. He then read the following 235 Bakersfield, California, December 18, 1972 Page 8 statement, which is a letter to the Editor of the Bakersfield Californian, and requested the City Clerk to spread the statement in full on the Minutes. He also wanted it made a matter of public knowledge that he. has given a copy of his verbatim statement to a member of the staff of the newspaper and asked that he give it to his editor. The Bakersfield Californian Letter to the Editor Dear Sir: I learned a long time ago to respect the honest opinion of the opposition in political debate. This, I have done, no matter how trying the issue or how ill-informed the opposition may have been. I have always tried to decide issues on merit and fact. I don't know how to operate any other way. The Bakersfield Californian, however, is in a different position than I. It may print so- called facts without immediate rebuttal. It may print innuendo by leaving out certain factual pertinences calculated to form the opinion of its readers. And, worst of all, the newspaper may editorialize in its news items or feature stories, particularly in regard to the purported motive of the individual or group it seeks to attack. The Californian editorial, Let Them Ride a Bus, makes certain pronouncements in very bad taste and others that just aren't true in its effort to promote Amtrak passenger service from Bakers- field to Oakland. Bad taste item number one is the "majesty and dignity" reference to the City Council appearing in the aforementioned editorial. Phrases like this one, used in a derogatory way, are meant to belittle the Council in the minds of the public. It's the same tactic the Los Angeles Times has used unsuccessfully against Mayor Sam Yorty of Los Angeles for years. It's really kind of child-like for a big, grown-up newspaper to pursue this type of innuendo even on the editorial page. Bad taste item number two is the inference that the Council rejects all "money or services coming from the Federal Government." This is an outright lie in that during my four years tenure as a Councilman I cannot recall one. specific instance in which a worthwhile offer of assistance has been turned down by the Council. I can tell you, however, that on more than one occasion, the Federal Government has tried to back out of its commitment to the City for no good reason. I can tell you also that your City Council and its staff are much more straight-forward and sincere than the Federal agencies they contend with. The consensus of the Council has been to accept direct assistance when it can be determined that acceptance does not jeopardize local government control and/or local ordinances. I believe that 236 Bakersfield, California, December 18, 1972 - Page 9 this is what the people of Bakersfield want. To this end, I guarantee the Council is dedi- cated and the editorial inferences to the contrary smack of the kind of deceit unworthy of a first class newspaper. Bad taste item number three is that the editorial alludes to some kind of total support for Amtrak passenger service - "It was supported by all of our responsible business and civic groups --." The inference here is that any group or indivi- dual who opposes Amtrak is irresponsible. Now come on Mr. Editor, you don't really mean that, do you? Can we not still espouse honest opposi- tion in Bakersfield without fear of castigation when we may differ with your newspaper? As a matter of fact, the Bakersfield Chamber of Commerce has not taken any official stand on Amtrak and I have always thought that this was a very responsible organization. It is very interesting to note that during the Council debate on the Amtrak issue, the Mayor indicated he had been corresponding with Congress- man Mathias, both senators and Mr. Ketchum in behalf of passenger service in the San Joaquin Valley, "but he has never indicated that the Council desired him to take such action." It is a matter of fact that the office of Mayor can- not initiate legislation or minute orders or make any motion whatsoever on the Council floor. Neither can this officer vote except in cases of a tie among voting Councilmen. Any official position or official act of the City of Bakers- field must first be approved by a majority of the Council in open forum and always subject to debate under Mason's Rules. All this is according to the language of the City Charter approved by the people of the City of Bakersfield. It is not my intention in these remarks to take away from the office of Mayor but these are the facts according to law. I will say that in my opinion the present Mayor has done a very creditable job as the official and formal representative of the City of Bakersfield. It is interesting to note, also, the position of the three Councilmen who cast the losing votes on the Amtrak issue. Two of them hardly entered into the debate and the third made a plea far below his capabilities. The Mayor said virtually nothing when opposition was indicated. One very important fact the aforementioned editorial completely omitted from its negative piece of opinion is that I moved to table the motion on Amtrak which indicates to everybody that further study and fact finding was certainly possible. However, by a 4-3 vote the Council defeated my motion and I had no alternative but to cast a NO vote on the subsequent motion to approve the promotion of Amtrak service. There is also the matter of a feature story called Council's "no" on Amtrak draws fire appearing in the December 15 edition of the Californian. It is apparent that much of this story is nothing. but a tale. Its mis-quotations and innuendoes make it read like bad fiction. At least the reporter did contradict his own editor when he made public the knowledge that 237 Bakersfield, California, December 18, 1972 - Page 10 the Bakersfield Chamber of Commerce had taken no official position on Amtrak. This same article calls attention to the City Council election in April. What happened to the election in February? Has this same reporter made this error out of ignorance or is he hoping sub- consciously that one or more of the incumbents will be forced into an April runoff? Here are a few facts on Amtrak and related issues: 1. Amtrak was ill-conceived in the beginning in that merger of the Pennsylvania Railroad and the New York Central into the Penn-Central proved unsuccessful. These two vast entities were about to go bankrupt and the Federal Government decided to. bail them out by taking over their unprofitable passenger service. There is no telling how much this cost the American tax- payer. High officials of the railroad were under federal indictment for alleged misconduct. 2. This federal takeover eventually amounted to federalization of all rail passenger service under the name of Amtrak which reported a loss of some 75 million dollars in its first reporting period. 3. Private transportation services must stay competitive with each other or they go out of business. Amtrak is run and will continue to be run by federal edict at the taxpayer's expense. The only loss limit for Amtrak will be the tremendous number of dollars allocated each year by Congress to pay this loss. 4. One of the most costly items involved in the pricing of consumer goods in this country is the cost of marketing and distribution of which rail freight charges are of paramount importance. Railroads with substantial passenger service before the inception of Amtrak claimed that their freight rates were high because of heavy losses they were taking on passenger service. After they unloaded this service and put it on the back of the taxpayer, these same railroads actually raised freight rates sub- stantially several times on the commodity items they carry. It appears to me this is progress in reverse at your and my expense. 5. Question: How many Bakersfieldtans have ridden a passenger train more than once or twice in the past ten years? How many of you have ever ridden a train in your entire life- time? Your answer is exactly the reason why rail passenger service as delineated from rapid transit systems has become a vestige of bygone times. 6. There are many things in this world nice to have but not at any cost. There are many deserving people in this country who need assistance in order that their lives and their futures may become more meaningful. Let's not put millions of dollars down the rat hole unless the need can be proven and we get more back for our dollar than wasteful federal boondoggling. 238 Bakersfield, California, December 18, 1972 - Page 11 In conclusion, please let me say the fact I am running for re-election has nothing to do with the position I have taken on Amtrak, as one might gather from Mr. McCance's disconnected tale. On election day I will stand or fall on the record and on the merits or demerits as they may be awarded to me by the people of the Fourth Ward. Mayor Hart commented as follows: I would like to exercise the prerogative of the chair to comment on Mr. Bleecker's state- ment relative to my position. For a point and clarification and again referring to the newspaper. In the article that Mr. Bleecker quoted it was stated that I had asked that this be brought forward for discussion. It was quite inaccurate, Mr. Bleecker was credited with that statement, whether he made it or not, is unimportant. This was brought to the Council as a result of Councilman Rees' report of the Legislative Committee. I did not involve at any time letters representative of the government of the City of Bakersfield, but it was over my signature in response to the inquiries from the Washington level, and by the same token, enthusiasm for the Amtrak situation from some of the people here on the local level. Mr. Bleecker is quite right, I do not initiate any legislative action, but can talk at great matters which come before the Council and tie exists. That is common knowledge. length about any of the then vote only when a I will continue to support Amtrak as a private individual, but I cannot, as Mayor of the City of Bakersfield, inasmuch as these gentlemen in their wisdom have seen fit not to support it, and I respect that decision. As a result, I wanted to make my position clear. Councilman Rees stated that he cannot speak for the Mayor, but would assume that both he and the Mayor felt that like air service for the valley, train service for the valley was relatively a non-controversial matter, but we found out otherwise. He discussed if with the other member of the Legislative Committee. They thought that it would be a relatively routine matter for the 239 Bakersfield, California, December 18, 1972 - Page 12 Council to go on record endorsing valley train service, as has been done by other cities. One or two of the Councilmen have indicated to him that they would like more facts, more information about Amtrak and he understands that Mr. Jennings, Congressman Mathias' district representative, has a report of a congressional committee which might shed light on the matter. Councilman Thomas stated he had talked to Mr. Jennings on the phone at great length, and was advised that Congressman Mathias' office has received an Amtrak study of the San Joaquin Valley, as of November 11, 1972. It is available and he would like to have the Council take action tonight which would permit the Congressman's office to send each member of the Council and the Mayor a copy of the report which outlines proposed cost, pro- posed revenues and scheduling for the San Joaquin Valley route. Councilman Thomas stated he voted against the motion last week because he has received no indication from his Ward as to their feelings about Amtrak or valley train service. He then moved that the Council instruct the Mayor to make available to each member of the Council all communications he has written or received in the past regarding Amtrak and also that the Mayor be directed to write a letter to Congressman Mathias requesting copies of the govern- ment's report. Councilman Bleecker commented that he would not vote in favor of the motion as he believes it is unnecessary to request this information from the Congressman, it is sent out on other occasions without making requests for it. Mayor Hart stated that his correspondence was sent out at the request of two gentlemen who were offering as railroad buffs, or as interested people, schedules which would fit into the Southern San Joaquin Valley's traffic pattern. He repeated that never at any time did he reflect it as being done at the request of this Council or of this City. But he does favor Amtrak, as an individual living in Bakersfield. This motion requests information from the Congressman's office, and he stated that his files are open to the Council at all times. Bakersfield, California, December 18, 1972 - Page 13 Roll call vote on the motion carried as follows: Ayes: Councilmen Heisey, Medders, Rees, Rucker, Thomas, Whitfemore Noes: Councilman Bleecker Absent: None Councilman Rucker offered the name of Mrs. Eloise Vines, Director of Youth Program K.C.E.O.C., to serve on the Citizens Advisory Committee, California Avenue Park Multi-Purpose Building, to replace the Reverend Barry Minor, resigned. Councilman Heisey seconded the motion. Councilman Medders asked if Mrs. Vines was a City resi- dent. Councilman Rucker stated she does reside outside the City boundaries but since this project is a joint exercise of powers agreement with the County of Kern, it would preclude requiring the members of the Committee to be residents of the City. Mr. Bergen stated there is no legal requirement, the Council can set the restrictions on the members, but as a joint venture with the County, members of the Committee can be other than City residents. Vote taken on Councilman Rucker's nomination of Mrs. Vines as member of the Citizens Advisory Committee for the Cali- fornia Avenue Park Multi-Purpose Building, carried unanimously. Councilman Heisey stated he doesn't have much to say regarding the editorial in the Bakersfield Californian on the Council's vote on the Amtrak issue. He vigorously supported keeping the last passenger train in service here in the San Joaquin Valley, but when that train was eliminated simply because no one would ride on it, he was satisfied to bury the passenger service. He cannot agree with the newspaper that to re-institute a service that the public has overwhelmingly rejected, is progress. There has been no public support to reinstate this service, he has not had one phone call or one letter either before or after last week's Council meeting. Therefore, he feels there is complete public apathy on this matter. One comment made by the editorial in regards to the Council's reluctance to take tainted federal money, was completely out of context, that subject was not a part of the discussion. An Bakersfield, California, December 18, 1972 - Page 14 item he does agree with is that there should be an alternative to public transportation and one of the prime alternatives is air transportation. There have been times when certain airlines transportation has been lost to the community and it was only through hard work by everyone that United Airlines service was retained. Perhaps in a few years the community will want an extension of BART to come down the San Joaquin Valley, to give rapid transportation into the Bay area. He will be happy to read any report offered by Congressman Mathias' office, which could shed new light on Amtrak, but he is satisfied that the public is completely disinterested. Councilman Bleecker stated that since the Legislative Committee did bring this up and it has become an issue before the Council, and he doesn't care for surprises when he is asked to vote on something that is relatively important, he would make a motion that any future recommendations from the Legislative Com- mittee be first placed public merits upon the Agenda so that the Council, the and the news media may have the opportunity to weigh the of such proposed legislation before any Council action. Councilman Heisey suggested that this motion be amended to state that emergency legislation be excepted. Frequently the Council doesn't know about a bill in Committee, occasionally there is not time to even write a letter, a wire must be sent stating the Council's position. Councilman Bleecker stated he would not support Council- man Heisey's amendment to his motion as he would hope that the staff would keep the Legislative Committee well enough informed ahead of time on legislation that is pending so that they may have plenty of time to study it, to make a reasonable decision and a recommendation to the Council. Councilman Rucker commented that all other reports are placed on the Agenda and he can't see why the Legislative Committee reports should not also be handled in this manner. He asked why it was necessary to make a motion to have this done. 242 Bakersfield, California, December 18, 1972 - Page 15 Mr. Hoagland stated that at times the League of California Cities is slow in getting legislative information to the City. The City Manager sends the Council all bulletins he receives and the Legislative Committee screens the bills and makes recommendations on those bills which would involve the City. There have been occasions when a report of the Legislative Committee has been placed on the Agenda but the specific items have not been delineated. Whenever possible, if there isn't any urgency, a Legislative report can always be held over for Council study. Councilman Bleecker asked Mr. Hoagland if in case of an emergency, it would not be possible for the Council to waive any minute order adopted tonight. Mr. Hoagland stated that it would be entirely possible. Councilman Whittemore agreed that Mr. Bleecker has a salient point, he doesn't like to have the reports submitted with- out prior notice. The action will probably not hold up because there are just too many bills considered by the Legislature and there will probably be many occasions when immediate action by the Council will be necessary. Vote taken on Councilman Bleecker's motion carried unanimously. Councilman Whirremote stated that the Kern County Council of Governments has been confronted with a tentative proposal by CIR to include this agency in a six County COG which would dilute any control Bakersfield, the 11 incorporated cities in Kern County and the County of Kern itself presently have. Most of them have approved and adopted a proposed resolution which he is presenting to the Council tonight. A six County COG would be absolutely unwieldly because of the geographic region; Urbanized and Urbanizing areas; Social and Economic Factors and County boundaries. He strongly urged the Council to adopt the proposed resolution in letter form which would be addressed to Mr. Clifford R. Anderson, Jr., Chairman, California Council on Intergovernmental Relations, with copies to 243 Bakersfield, California, December 18, 1972 - Page 16 be sent to the Governor, the Lieutenant Governor, Assemblymen, Senator and Assemblyman elect, representing this area. He moved that the letter Resolution reading as follows be adopted and sent out under Mayor Hart's adopt Ayes: signature: Request for Establishment of Kern COG's APJ as a One County, Multi-City Substate District The Kern County Council of Governments wrote you on November 8, 1972, requesting the estab- lishment of Kern COG's APJ as one County, Multi-City Substate District. The Council of the City of Bakersfield sends this letter to indicate its support of Kern COG's letter, that this request represents the most practical way to accomplish CIR's goals. It is felt that Kern County would not benefit from a combination with the five northern counties. The Council appreciates your consideration of This request. Roll call vote on Councilman Whittemore's motion to the letter Resolution carried as follows: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Reports. Chairman of Noes: None Absent: None Councilman Whittemore, the Governmental Efficiency and Personnel Committee read a report of that Committee recommending the Addition of Section 3.18.175 - Severance Pay Inapplicable - to the Municipal Code, which states that whenever an employee or department is transferred by operation of law or contract to another governmental entity and by law no loss of benefits occur by reason of such transfer, severance pay under Section 3.18.170 shall not be applicable. Upon a motion by Council- man Whittemore, the report was adopted and the ordinance was con- sidered given first reading. Councilman Whittemore, Chairman of the Governmental Efficiency and Personnel Committee, read a report of that Committee recommending that an actuary evaluation be made concerning the safety employees retirement plan. This evaluation can be made through the State of California Public Employees Retirement System at a cost of approximately $400.00. Upon a motion by Councilman 244 Bakersfield, California, December 18, 1972 - Page 17 Whirremote, the report was adopted and the Finance Director was authorized to transfer $400.00 from the Council's Contingency Fund to cover the cost of the actuarial survey. Councilman Rees, Chairman of the Budget Review and Finance Committee, read a Committee report regarding City's appli- cation for assistance in funding a storm drain project to serve the Mayflower Tract. A final determination has been received from HUD on the amount of its participation in this project. They will not participate in the funding of the joint City-State-County storm drain system for which the City has budgeted $110,000.00 as its share, but will fund 50%, or $75,075, of the remaining part of the Phase I Storm Drain System. Funding of the City's portion of this project could be accomplished by a transfer of funds reserved for the 58 Freeway storm drain system. These funds would have to be replaced in the 1973-74 budget. The Committee therefore recommends authorization of the necessary transfer of funds and execution of the contract with HLrD for this project. Upon a motion by Councilman Rees, the report was adopted. Councilman Medders voted in the negative on this motion. Councilman Heisey, Chairman of the Water and City Growth Committee, reported on the subject of Supplemental Water Program Urban Bakersfield Area, stating that several months ago the City requested its Water Engineer, Tom Stetson, to make additional analysis of the proposed supplemental water program in the Urban Bakersfield area. This report was completed and copies furnished to George Nickel, Jr. and Tom Folsom. George Nickel and Tom Folsom replied to the report and as a result, the Committee met with both of them, Tuesday afternoon, December 12, 1972. At this meeting George Nickel distributed memorandum to file dated November 30, 1972, commenting on Tom Stetson's report. The Water and City Growth Committee believes that the report prepared by Tom Stetson is satisfactory. However, it feels Bakersfield, California, December 18, 1972 - Page 18 245 that an additional study and examination needs to be made of the spreading program within the Improvement District. With this reservation, Councilman Heisey moved that the Council accept and approve the report of Mr. Tom Stetson. This motion carried unanimously. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1818 to 1947, inclusive, in amount of $74,986.15, with exception of Voucher No. 1896, to California Water Service Company, in amount of $472.21. (b) Plans and Specifications for Construction of Storm Drains at various locations within the City of Bakersfield. (c) Flowage and access easement from Stockdale Development Corporation for Tract No. 3622. (d~ Conveyance and dedication of 20 foot sewer easement from Robert D. Williams, Paul Boles and Glendol L. Brown, to the City of Bakersfield. (e) Conveyance and dedication of 20 foot sewer easement from Mary Lee Hutson and Robert L. Hutson to the City of Bakersfield. (d) and vote: Upon a motion by Councilman Medders, Items (a), (b), (c), (e) of the Consent Calendar were adopted by the following Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Upon a motion by Councilman Medders, Transfer of Funds in amount of $7,200.00, from Account No. 11-510-6100 to Account No. 11-655-4100 - $4,200.00 for payment of Weed Abatement by private contractor; and to Account No. 11-664-3900 - $3,000.00 for repairs to two air conditioning units at the Civic Auditorium, were approved. 246 Bakersfield, California, December 18, 1972 - Page 19 Adoption of Resolution No. 884 of the Council of the City of Bakersfield declaring its intention to order the vacation of alleys in Blocks Nos. 328 and 329, City of Bakersfield. Upon a motion by Councilman Rucker, Resolution of Inten- tion No. 884 of the Council of the City of Bakersfield declaring its intention to order the vacation of alleys in Blocks Nos. 328 and 329, City of Bakersfield, and setting date of January 15, 1973~. for hearing on the matter before the Council, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Adoption of Resolution No. 89-72 of Intention to include within the Greater Bakersfield Separation of Grade District certain territory designated as Stock- dale No. 5, and setting the time and place for hearing objections to the inclusion of said territory within said District. Upon a motion by Councilman Thomas, Resolution No. 89-72 of Intention to include within the Greater Bakersfield Separation of Grade District, certain territory designated as Stockdale No. 5, and setting January 22, 1973 as the time for hearing objections to the inclusion of said territory within said District, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Adoption of Emergency Ordinance No. 2064 New Series of the Council of the City of Bakersfield authorizing amend- ment to the Contract between the City Council and the Board of Administration of the California Public Employees Retirement System. Upon a motion by Councilman Rucker, Emergency Ordinance No. 2064 New Series of the Council of the City of Bakersfield authorizing amendment to the Contract between the City Council and Bakersfield, California, December 18, 1972 - Page 20 247 Ayes: Noes: None Absent: None the Board of Administration of the California Public Employees Retirement System was adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Approval of Contract for Supplemen- tation of the Municipal Code of the City of Bakersfield, California, with sets of pages to supply all copies of the Code. Councilman Rees commented that inasmuch as the Book Publishing Company furnishes the City with legal and technical advice which no local purveyor is able to do, in addition to the service of printing the supplements to the Municipal Code as part of their package, because of this factor, he is willing to agree with the City Clerk that it is better to employ this specialist, as much as it might be desirable to produce the work in Bakers- field. He then moved that the contract with Book Publishing Company be approved and the Mayor authorized to execute same. This motion carried unanimously. Approval of Agreement with Bakersfield Swim Club to lease Central Park Pool for a term of ten years. Upon a motion by Councilman Medders, Lease Agreement with Bakersfield Swim Club to lease the Central Park Pool for a term of ten years was approved, and the Mayor was authorized to execute same. Approval of Excavation and Disposal of Surplus earth materials at the City's proposed park site on Akers Road between Planz Road and White Lane. Upon a motion by Councilman Thomas, approval was granted Public Works Department to permit individual developers or con- tractors to excavate and dispose of surplus earth materials at the City's proposed park site on Akers Road between Planz Road and White Lane, provided there is no cost or obligation to the City. 248 Bakersfield, California, December 18, 1972 - Page 21 Approval of Map of Tract No. 3622 and Mayor authorized to execute Contract and Specifications for Improvements therein. Upon a motion by Councilman Thomas, it is ordered that the Map of Tract No. 3622 be, and the same is hereby approved: That all the Easements, Drives, Courts, Ways and Boulevard shown upon said Map, therein offered for dedication be, and the same are hereby accepted for the purpose f. or which the same are offered for dedication. Pursuant to the provisions of Section 11587 of the Business and Professions Code, the Council of the City of Bakers- field hereby waives the requirement of signatures of the following: NAME NATURE OF INTEREST Tenneco West, Inc. (Formerly Kern County Land Co. ) Mineral rights below a depth of 500 feet with no right of surface entry. Tenneco West, Inc. (Formerly Kern County Land Co.) The right to pass over and across said land for ingress to and egress from any lands of Kern County Land Company, which are not accessible from any public road, Highway, or over other lands of said company as excepted and reserved in that Deed recorded May 27, 1960, in Book 3271 at Page 26, O. R., County of Kern. The Clerk of this Council is directed to endorse upon the face of said Map a copy of this order authenticated by the Seal of the Council of the City of Bakersfield and the Mayor is authorized to execute the Contract and Specifications for the improvements in said Tract No. 3622. Approval of Agreement between City of Bakersfield and Stockdale Develop- ment Corporation for construction and maintenance of a storm drain system and disposal area to serve Tract No. 3622. Upon a motion by Councilman Thomas, Agreement between City of Bakersfield and Stockdale Development Corporation for construction and maintenance of a storm drain system and disposal area to serve Tract No. 3622, and the Mayor was authorized to execute the agreement. Bakersfield, California, December 18, 1972 - Page 22 249 Adoption of Resolution of Intention No. 885 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of a portion of "K" Street between Truxtun Avenue and 17th Street, in the City of Bakersfield. Upon a motion by Councilman Rucker, Resolution of Inten- tion No. 885 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of a portion of "K" Street between Truxtun Avenue and 17th Street, in the City of Bakersfield, and setting the date of January 15, 1973 for hearing on the matter before the Council, was adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Ayes: Noes: None Absent: None Hearings. This is the time set for continued hearing before the Council on application by William Ray York to amend the zoning boundaries from an R-1 (One-Family Dwelling) Zone to an R-3 (Limited Multiple Family Dwelling) or more restrictive, Zone, and to a C-2 (Commercial) or more restrictive, Zone of that certain property commonly known as 3951 Wible Road. At its regular meeting of October 4, 1972, the Planning Commission recommended to the City Council that the following zoning be granted to the above applicant: C-1-D for easterly 250 feet; R-2-D for 355' westerly of the recommended C-i-D, and the balance of 132 feet westerly of the recommended R-2-D to remain R-1. At its meeting held November 6, 1972, the Council voted to refer this matter back to the Planning Commission for further study and report back to the Council. Subsequently, the Planning Commission at its meeting held December 6, 1972, after study and deliberation, found as follows: A motion was made by Commissioner Frederickson and seconded by Commissioner Baldwin, to reaffirm the recommendations 250 Bakersfield, California, December 18, 1972 - Page 23 made by the Commission at its previous meeting; namely, C-1-D (Limited Commercial - Architectural Design) or more restrictive, Zone, for the easterly 250 feet; R-2-D (Limited Multiple Family Dwelling - Architectural Design) or more restrictive, Zone for the 355' westerly of the recommended C-l-D, and the balance of 132 feet westerly of the recommended R-2-D to remain R-1 (One-Family Dwelling) Zone. Councilman Whittemore stated that inasmuch as the public portion of the hearing had been closed at the Council's meeting of November 6, 1972, he would move to adopt Ordinance No. 2065 New Series amending Title 17 of the Municipal Code by changing the Land Use Zoning of that certain property commonly known as 3951 Wible Road as recommended by the Planning Commission. This motion carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None This is the time set for continued hearing before the Council of the City of Bakersfield to Zone Upon Annexation to an R-1 (Single Family Dwelling), or more restrictive, Zone, an R-S (Residential Suburban), or more restrictive, Zone, and R-2-D (Limited Multiple Family Dwelling - Architectural Design) or more restrictive, Zone, of those certain properties in the County of Kern located northerly of Stockdale Highway, northerly and westerly of Park Stockdale Estates and bounded on the west and north sides by the existing City Limits, and known as Kern River No. 2 Annexa- tion. The Public hearing was closed and action deferred for further Council study at meeting of December 4, 1972. This is the time set for continued hearing before the Council of the City of Bakersfield to Zone Upon Annexation to an R-1 (Single Family Dwelling) or more restrictive, Zone, an R-S (Residential Suburban) or more restrictive, Zone; and R-2-D Bakersfield, California, December 18, 1972 - Page 24 (Limited Multiple Family Dwelling - Architectural Design) or more restrictive, Zone; and an R-3-D (Limited Multiple Family Dwelling Architectural Design) or more restrictive, Zone; and a C-2-D (Com- mercial - Architectural Design) or more restrictive, Zone, of those certain properties in the County of Kern located northerly of Stockdale Highway, between Arvin-Edison Canal on the west and the existing City boundary on the east, and known as Kern River No. 3 Annexation. The public hearing was closed and action deferred for further Council study at meeting of December 4, 1972. This is the time set for continued hearing before the Council on application of Stockdale Development Corporation to amend the zoning boundaries of that certain property located northerly of Stockdale Highway in the vicinity of E1 Rio Drive. The public bearing was closed and action deferred for further Council study at meeting of December 4, 1972. Councilman Rees commented on the question which has been raised from time to time during the hearing relative to another access road to Stockdale Highway from the north which would reliew? the traffic pressure. He asked what means the City had of en- listing the cooperation of the developers and the landowners in establishing such a route. Mr. Bergen pointed out on a map the possibilities for constructing such an access road to the north. Councilman Rucker stated he had been under the impression that when the Freeway was extended in this location it would alleviate the traffic problem. Mr. Bergen stated that the route of the freeway has not been determined and the City is not in a position to really know. Councilman Heisey pointed out that several alternate routes for the Freeway were considered about a year ago, but the State Division of Highways is presently making another origin and destination study west of the freeway to determine the best route to locate the freeway. The State will possibly come up with new alternatives rather than the ones presented a year ago. The Technical and Coordinating Committee, made up of staff people from Bakersfield, California, December 18, 1972 - Page 25 the City, the County and the State, meets regularly to evaluate the information as fast as it comes in. Councilman Medders stated that he has looked over this area many times. One of the objections from the residents in the area was to the R-1 north of Stockdale Highway. He said that in his opinion a frontage road and fourplexes are much more attractive than a blank wall running along the property. While he is in sympathy with the protestors, he cannot see how the Council can legally deny this zoning. He then moved to adopt Ordinance No. 2066 New Series amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield - Zoning Upon Annexation of Kern River No. 2. Councilman Whittemore commented that he also spent a great deal of time studying this area, the Planning Director and he were out there today. A serious traffic problem does exist at the present time and it will increase when the development is made to the north. He asked Director of Public Works Bidwell if there are definite plans to put in a traffic signal system at E1 Rio Drive. Mr. Bidwell stated not at this time. With the present traffic on Stockdale Highway and the traffic generated from this development,.he would say that a traffic signal system is definitely warranted for this location. Vote taken on Councilman Medders motion carried as follows: Ayes: Rees, Rucker, Noes: Absent: Councilmen Bleecker, Heisey, Medders, Thomas, Whittemore None None Upon a motion by Councilman Medders, Ordinance No. 2067 Noes: None Absent: None Councilmen Bleecker, Heisey, Medders, Rees, Thomas, Whittemore Rucker, vote: Ayes: New Series amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield - Zoning Upon Annexation - Kern River No. 3, was adopted by the following Bakersfield, California, December 18, 1972 - Page 26 Upon a motion by Councilman Medders, Ordinance No. 2068 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property located northerly of Stockdale Highway in the vicinity of E1 Rio Drive, was adopted by the following vote: Ayes: Rees, Councilmen Bleecker, Heisey, Medders, Thomas, Whittemore Noes: None Absent: None This is the time set for Intention No. 883 of the Council of the City fornia, declaring its intention to order the Easements in the SE~ of Section 33, T. 29 S., Rucker, public hearing on Resolution of of Bakersfield, Cali- abandonment of Flowage R. 27 E., in the City of Bakersfield. This hearing has been duly advertised and posted, and no written protests have been filed in the City Clerk's office.. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Rees, Resolution No. 90-72 ordering the abandonment was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Adjournment. There being no further business to come before the Council, upon a motion by Councilman Rucker, the meeting was P.M. MAYOR the~ of Bakersfield, Calif. adjourned at 10:05 ATTEST: CITY~LEItK and Ex-Of~icio Clerk of the Council of the City of Bakersfield, California