Loading...
HomeMy WebLinkAboutJAN - MAR 19723O Bakersfield, California, January 3, 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., January 3, 1972. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Heisey. Present: Absent: Invocation by Councilman Walter Minutes of the public hearing of December 7, The City Clerk called the roll as follows: Mayor Hart. Councilmen Heisey, Medders, Rees, Rucker, Thomas, Whirremote Councilman Bleecker 1971 and the regular meeting of December 20, 1971 were approved as presented. Council Statements. Councilman Whittemore stated that at the last meeting he had appointed Mr. John A. Fox to serve on the Citizens Advisory Water Committee, but unfortunately Mr. Fox will be unable to do so. He therefore named Mr. Don Doolin, 1500 Pacheco Road, and Mr. S. B. "Barney" Gill, 2312 Camino Primavera, as his two appointees to serve on the Citizens Advisory Committee. Councilman Rees commented that his appointees to this Committee have asked him what the function of this Committee will be since the City has adopted its position and the Kern County Water Agency has made its findings and recommendations. Council- man Heisey stated that in order to accomplish its objective, it will be necessary for the Kern County Water Agency to hold a bond election to finance the Improvement District. These Committee members will be instructed and briefed by the City's consultants on the water issue, so that they can act as a key group of informed citizens to sell the public on the necessity of passing the bond measure. If the bonds are not passed, the Improvement District will not be established providing for supplemental water for the Urban Bakersfield Area. Councilman Whittemore, Chairman of the Governmental Efficiency and Personnel Committee, submitted a verbal report on the purchase of Three Refuse Packers which had been deferred from the last meeting and referred to this Committee for recommendation. Bakersfield, California, January 3, 1972 - Page 2 Ayes: Noes: Absent: It was the unanimous endorsement of the Committee and its recom- mendation to the Council, that the two rear loader refuse trucks be replaced and one additional front loader vehicle be purchased. He therefore moved that the low bid of Ray Gaskin Service for this equipment be accepted and all other bids rejected. This motion carried unanimously. Councilman Rucker nominated Mr. Johnny Wiley, 2804 Dore Drive, for appointment to the Fire Department Civil Service Com- mission, and moved that this appointment be approved by the Council. Councilman Heisey offered a substitute motion that inas- much as a full Council was not in attendance, any appointments be delayed until the next Council meeting. Councilman Whittemore commented that the business of the City of Bakersfield has to be transacted and cannot be delayed because of the absence of a Councilman. He then moved the previous question. In reply to a question from Mayor Hart relative to voting on the motions, City Attorney Hoagland advised that the Council vote first on the substitute motion offered by Councilman Heisey. Vote taken on the substitute motion resulted in a tie as follows: Councilmen Heisey, Medders, Rees Councilmen Rucker, Thomas, Whittemore Councilman Bleecker Pursuant to Section 14 of the Charter that the Mayor shall have the right to vote on all matters when the vote of the Council results in a tie, Mayor Hart voted in the negative on the substitute motion which therefore failed to carry. Councilman Heisey placed in nomination the name of Mr. Don Simpson, who had previously served on the Fire Department Civil Service Board filling out the unexpired term of Mr. Raymond Taylor. He stated that Mr. Simpson was willing to serve, he is capable, well trained, interested in the Fire personnel and the Fire Depart- ment, and it would be a disservice to the Commission not to re-appointment him. Councilman Rees expressed his support of the reappointment of Mr. Simpson. 31 Bakersfield, California, January 3, 1972 - Page 3 Vote taken on Councilman Rucker's motion to appoint Mr. Johnny Wil~to serve on the Fire Department Civil Service Board resulted in a tie as follows: Ayes: Councilmen Rucker, Thomas, Whittemore Noes: Councilmen Heisey, Medders, Rees Absent: Councilman Bleecker Mayor Hart voted in the affirmative on this motion and Mr. Johnny Wiley was appointed as a member of the Fire Department Civil Service Board to succeed Mr. Don Simpson, for a six year term expiring December 31, 1977. Reports. Mr. J. W. Speer, partner of Elmer Fox & Company, Certified Public Accountants, read a letter relative to this company's exami- nation of the financial statements of the City of Bakersfield for the year ending June 30, 1971, which contained comments and recom- mendations for establishing and maintaining accounting control of property and equipment. Upon a motion by Councilman Heisey the letter was received and referred to the Governmental Efficiency and Personnel Committee for study. Upon a motion by Councilman Whittemore, seconded by Councilman Rucker, the Reverend Daniel J. McDowell was re-appointed to serve on the Citizens Auditorium-Recreation Committee for an eight year term expiring January 3, 1980. Councilman Whittemore, Chairman of the Governmental Efficiency and Personnel Committee, reported on a meeting between this Committee and the staff to discuss provisions for the replace- ment and rental of detachable refuse containers for the downtown commercial refuse routes. The Department of Public Works has initiated a refuse collection operation for the downtown area which utilizes front end loading trucks and detachable bins. This operation will provide an efficient and attractive service for this area. To implement this program the City has purchased detachable bins to rent to those businesses using this type of service and the staff has proposed a rental which will compensate the City for any costs incurred for the purchase and maintenance of these bins. 33 Bakersfield, California, January 3, 1972- Page 4 The Governmental Efficiency and Personnel Committee has compared the proposed rental rates with those charged by local vendors and find them to be both fair and equitable for the user and City and recommends adoption of this report and the accompanying resolution. Upon a motion by Councilman Whittemore, the report and Resolution No. 1-72.of the Council of the City of Bakersfield, California, providing for the placing of detachable Refuse Containers under certain terms and conditions, were adopted by the following vote: Ayes: Noes: Absent: (c) Ayes: Councilmen Heisey, MedderS, Rees, Rucker, Thomas, Whirremote None Councilman Bleecker Consent Calendar. The following items were included on the Consent Calendar: (a) Allowance of Claims Nos. 1899 to 2044, inclusive, in amount of $94,657.82. (b) (c) Plans and Specifications for the Improve- ment of South .Chester Avenue between Kern Island Canal and Ming Avenue. Transfer of Funds in amount of $1,500 from 11-510-6100 to 11-655-4200, for Fees established by the Local Agency Formation Commission and the State of California for the filing and processing of annexations. Upon a motion by Councilman Medders, Items (a), (b) and of the Consent Calendar, were adopted.by the following vote: Councilmen Heisey, Medders, Rees, Rucker, Thomas, Whittemore None Noes: Absent: Councilman Bleecker Action on Bids. Upon a motion by Councilman Rees, low bid of Griffith Company for resurfacing University Avenue, Oswell, Street, Fremont Street and Custer Avenue, was accepted, all other bids were rejected and the Mayor was authorized to execute the contract. After discussion, upon a motion by Councilman Medders, bid of C. H. Peckenpaugh for Playground Complex "Imagine City" to be installed in Centennial Park, was accepted, and all other bids were rejected. 34 Bakersfield, California, January 3, 1972 - Page 5 Upon a motion by Councilman Whittemore, low bid of Wardlaw Fire Equipment Company for Fire Hose was accepted and all other bids were rejected. After discussion, upon a motion by Councilman Rucker, low bid of Urner's Chrysler-Plymouth for 13 new 1972 model Cars was accepted and all other bids were rejected. Deferred Business. Upon a motion by Councilman Thomas, Ordinance No. 1985 New Series of the Council of the City of Bakersfield repealing Section 6.20.010 (h) (10) of the Municipal Code and amending Section 6.20.220, 6.20.400 and 6.20.700 of the Municipal Code relating to the Business License Tax, was adopted by the following Councilmen Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: Councilman Bleecker Re-appointment of Director of Public Works William Jing as Member of the Board of Zoning Adjustment. Upon a motion by Councilman Heisey, Director of Public Works William Jing was re-appointed as a Member of the Board of Zoning Adjustment for a three-year term expiring December 1, 1974. Claim for Damages from Urner's Incorporated referred to the City Attorney. Upon a motion by Councilman Medders, Claim for Damages from Urner's Incorporated was referred to the City Attorney. Councilman Whittemore voted in the negative on this motion. Mayor Hart requested to send letter to the State Division of Highways and the State Highway Commission urging immediate construction of Freeway 58. The State Division of Highways is again considering a year's delay in the construction of the portion of Freeway 58 between Cottonwood Road and Weedpatch Highway, and the Planning Commission has recommended that the City Council contact the State Division of Highways and the State Highway Commission urging them to proceed with the construction as soon as possible. vote: Ayes: Bakersfield, California, January 3, 1972 - Page 6 Councilman Thomas st.ated that he had brought this matter to the attention of Mr. Dean Gay, Vice-Chairman of the Planning Commission, and asked that it be put on the Commission's agenda for consideration. He stated that he had been informed by a reliable source that the City of Fresno is seeking to sway the State Division of Highways to divert the funds previously earmarked for Freeway 58 to the construction of Scenic Route 41 into the Mineral King area. Councilman Whittemore commented that he feels this action on the part of the City Council is necessary in order to indicate to the State Division of Highways that the City of Bakersfield and the County of Kern are very much interested in freeways being completed through the City. Also, the City needs the work and the transportation benefits from this project. Councilman Heisey stated that the City of Bakersfield is competing with the City of Fresno for State Highway funds, as he understands the funds originally budgeted for Freeway 58 would apparently be diverted for the construction of Route 41. He stated that it is not only important that the City send a letter, but that the Supervisors of the County of Kern, the Transportation Committee of the Greater Bakersfield Chamber of Commerce and other organizations indicate to the State Division of Highways that there is a great deal of interest in this City in seeing these freeways completed as soon as possible. All letters should have a great deal of weight with these State agencies. Councilman Thomas moved that the Mayor be requested to direct a letter to the Division of Highways and the State Highway Commission urging that funds be allocated for the immediate con- struction of Highway 58 between Weedpatch Highway and Highway 99. This motion carried unanimously. 36 Bakersfield, California, January 3, 1972 Page ? Approval of Agreement with Stockdale Development Corporation for Land- scaping Median Islands on New Stine Road between Fjord Street and Ming Avenue. Upon a motion by Councilman Thomas, Agreement with the Stockdale Development Corporation for Landscaping Median Islands on New Stine Road between Fjord Street and Ming Avenue Was approved[ and the Mayor was authorized to execute same. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Whittemore, the meeting was adjourned at 8:45 P.M. ! MAYOR of ~e '~it~ of Bakersfield, Calif. ATTEST: of the City of Bakersfield, California 37 Bakersfield, California, January 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., January 10, 1972. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Walter Heisey. Present: Absent: The City Clerk called the roll as follows: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore None Minutes of the regular meeting of January 3, 1972 were approved as presented. Award of Retirement Plaques. Mayor Hart presented retirement plaques in behalf of the Bakersfield City Council to the following retiring City employees: Robert Cooper Equipment Operator II Public Works Retired January 10, 1972 W. R. Owens Auto Serviceman II Public Works Retired January 10, 1972 Orbin Harber Traffic Officer Police Dept. Retired November 15, 1971 Scheduled Public Statements. Mayor Hart welcomed a nineteen member delegation from Bakersfield's Sister City Wakayama, Japan, by greeting them in the Japanese language as follows: We were very pleased to be recognized by the Japan America Society last February for our Sister City Program with Wakayama, and I assure you this honor is equally yours be- cause the citizens and officials of Wakayama are the ones who made it possible. We are very appreciative of your friendship and I thank you for permitting me to express myself in my limited Japanese. Speaking through an interpreter, Mayor Shozo Ujita expressed his pleasure at being present in Bakersfield. In 1970 Wakayama held a celebration for the 10th anniversary of the Sister-. City Program between Bakersfield and Wakayama. The auditorium was packed in anticipation of Mayor Hart's message. Arrangements were 38 Bakersfield, California, January 10, 1972 - Page 2 made for interpreters, but they were not needed, as Mayor Hart delivered his speech in the Japanese language which was much more effective, much more impressive, than hearing him speak in English.. The moment the audience heard Mayor Hart speak in the Japanese language, everyone clapped their hands and expressed appreciation of his efforts to learn the Japanese language for this occasion. Mayor Ujita stated that he is very happy to see the growth of the Sister City activities, and during their short stay in Bakersfield they wish to make a study of governmental activities here to apply to their City upon their return. One of the greatest problems in Japan is the increase in the number of automobiles and the shortage of parking spaces. They wish to study the juvenile problem, refuse and garbage collection, air pollution, education and old age security from the viewpoint of the Mayor and individual citizens. The interpreter introduced Kazo Kuki, Chairman of the City Council in Wakayama, who stated it was nine years ago that he and twenty City Councilmen visited Bakersfield as members of a good will mission from Wakayama. At that time it was agreed that the Sister City Program would become the best in the United States, and the City of Wakayama will do everything possible to march for- ward to make the Sister City Association the best ever. Mayor Hart thanked the Japanese officials for honoring this City with their presence. Mr. Charles Varner of the Independent Sanitation Service, addressed the Council stating that he was approached in 1963 to design the first rubbish bin to City specifications for use by City refuse trucks. Since that time the City has endeavored to go into competition with him and two other firms in the City by purchasing refuse bins for rental to downtown business to be used on the front end loader trucks. He asked the Council for an answer as to what its position will continue to be on this problem. 39 Bakersfield, California, January 10, 1972 - Page 3 Councilman Whittemore asked Mr. Varner if the City o~ Bakersfield was competing with him in supplying these bins to his customers. Mr. Varner stated he built containers for City equip- ment and he not only leases them to his customers, but some o~ them have been purchased outright. He has modified his containers to conform to the front end loader equipment of the City, but in some instances, City containers have replaced the bins which he had installed. He stated that in his opinion the City is using tax- payer's money to go into competition with the taxpayer. Councilman Bleecker stated that he believes Mr. Varner has a legitimate complaint and he moved that this issue be referred to the Governmental Efficiency and Personnel Committee for study and recommendation back to the Council at the earliest possible moment, Councilman Rucker seconded this motion, which carried unanimously. Mr. Jim French extended an invitation to the Japanese guests of the City to visit the airport at Meadows Field to inspect a Japanese Zero plane which he is restoring for a San Diego museum as a tribute to all fighter pilots of every nation. Mr. Lester Chambers, 102 Spruce Street, asked for a clarification of the City's policy for collecting the monthly refuse fee from renters of property which he owns. Mr. Bergen assured him that if he furnishes a list of his property to the Finance Director, separate bills will be mailed to his tenants for payment. Councilman Medders recognized Miss Frances Nilham and her government class from Chipman Junior High School who were present at the Council meeting. Council Statements. Councilman Rucker asked the staff to take some action to remove the barricades at the site of the fire-gutted building at East 21st and Baker Streets, which are ~orcing pedestrians to walk in the street. City Attorney Hoagland reported that the barriers can't be removed, as there is danger the old building will collapse at the slightest tremor. An action has been filed and his office is 4O Bakersfield, California, January 10, 1972 - Page 4 doing everything possible to bring the out-of-town owner into court to get an immediate injunction to either support the walls or demolish the building. Building Director Olsson has stated that this building is unsafe and the barricades must remain until such time as the owner has been served to appear in court. Councilman Bleecker appointed the following members to serve on the Citizens Advisory Water Committee: Reverend Harry Leigh-Pink 3407 Balboa Drive George Nickels, Jr. 1011 Tam O'Shanter Drive Consent Calendar. The following items appeared on the Consent Calendar: (a) Allowance of Claims Nos. 2045 to 2095, inclusive, in amount of $20,342.98. (b) Plans and Specifications for Phase One relocation of Sewer Mains for State Route 58 Freeway between Wible Road and "P" Street. (c) Plans and Specifications for Improvement of New Stine Road between Sundale Avenue and Ming Avenue and Improvement of Ming Avenue between New Stine Road and Stine Road. (d) Permit from P. G. & E. Company for Bicycle Path across their property. Upon a motion by Councilman Medders, Items (a), (b), (c) and (d) of the Consent Calendar were adopted: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore None Noes: Absent: None Action on Bids. Upon a motion by Councilman Rucker, bid of East Bay Sanitary Company, Inc. for Surplus Sale of Two Refuse Packers was accepted, and all other bids were rejected. Upon a motion by Councilman Bleecker, bid for 2 - three wheel servicars, and 4 Harley-Davidson Solo Cycles was awarded to Thorp's Harley-Davidson, and bid for 4 Moto-Guzzi Solo Cycles was awarded to Melvin C. Dinesen, and all other bids were rejected. 41 Bakersfield, California, January 10, 1972 - Page 5 Adoption of Resolution No. 2-72 of the Council of the City of Bakers- field to include a Radio Broadcasting Studio and Office, excluding External Antennae for purpose of transmitting radio programming, to the list of permitted uses in a C-0 (Professional Office) Zone. Upon a motion by Councilman Rees, Resolution No. 2-72 of the Council of the City of Bakersfield to include a Radio Broad- casting Studio and Office, excluding external antennae for purpose of transmitting radio programming to the list of permitted uses in a C-0 (Professional Office) Zone, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Approval of Program Supplement No. 1 to the Local Agency-State TOPICS Agreement No. 2 between the City of Bakersfield and State of California for TOPICS Projects covering con- struction and modification of traffic signals at four intersections. Upon a motion by Councilman Whittemore, Program Supple- ment No. 1 to the Local Agency-State TOPICS Agreement No. 2 between the City of Bakersfield and State of California for TOPICS Projects covering construction and modification of traffic signals at four intersections was approved and the Mayor was authorized to execute same. Approval of Drainage Agreement between Stockdale Development Corporation and the City of Bakersfield. Upon a motion by Councilman Thomas, Drainage Agreement between Stockdale Development Corporation and City of Bakersfield for participation in the cost of a proposed storm drain in New Stine Road between Ming Avenue and the Patriots Park Sump was approved, and the Mayor was authorized to execute same. Bakersfield, California, January 10, 1972 - Page 6 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Thomas, the meeting was adjourned at 9:45 P.M. ! MAYOR of(__t. he'~'i~'y Of/Bakersfield, Calif. ATTEST: CI~ '~ ' I~ an x Clerk of /he Council of the City of Bakersfield, California Bakersfield, California, January 17, 1972 43 Minutes of the regular meeting of the Council of the City of Bakersfield, California, the City Hall at eight o'clock P. The meeting was called by the Pledge of Allegiance and Invocation Heisey. The City Clerk called the roll as Present: Mayor Hart. held in the Council Chambers of M., January 17, 1972. to order by Mayor Hart followed by Councilman Walter follows: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Absent: None Minutes of the regular meeting of approved as presented. January 10, 1972 were Award of Retirement Plaque. Mayor Hart awarded a retirement plaque to Alexander W. Swan, Detective in the Police Department, who completed twenty years service with the City of Bakersfield. Scheduled Public Statements. Mr. Len Winther of the American Federation of State, County and Municipal Employees Union, addressed the Council, pointing out that the State Legislature in 1968 passed AB 1228 which later became known as the Myers-Milias-Brown Act, or California's ~eet and Confer" Act, which provided that public bodies enact legislation for meeting and conferring in good faith with employee organizations. This Act has been since amended because some public bodies have not adopted the required legis- lation and in so doing were depriving public employees of their rights under the law. The 1970 amendment provides that no public body can unduly delay enactment of reasonable rules for the conduct of labor relations. Since the City of Bakersfield has not adopted this legislation, he is present tonight to advise the Council that if some significant progress is not made by March 1, the Union will seek a Writ of Mandate from the Superior Court of Kern County ordering the City to draft a Labor Relations Ordinance providing for representation, elections and meeting and conferring with the 44 Bakersfield, California, January 17, 1972 - Page 2 union's representatives. Upon a motion by Councilman Heisey, Mr. Winther's comments were referred to the Governmental Efficiency and Personnel Committee for evaluation and recommendation back to the Council. Council Statements. Councilman Rees asked Public Works Director Jing what progress has been made for construction of the proposed bicycle path at Highland High School on the right-of-way granted to the City by P. G. & E. last week for this purpose. Mr. Jing stated that the section of the bicycle path on the right-of-way will be oiled within the next week. Councilman Heisey commented that he had an article which he wished to turn over to Mr. Jing regarding the use of Gambusia Affinis minnows for reducing mosquito production. It takes only 200 of these minnows per acre to control mosquitos up to 95% in rice fields, sewage treatment plants, etc., in place of DDT which has been banned for mosquito control. He feels that this method might be explored and called to the attention of the Mosquito Abatement District for experimentation. Consent Calendar. Upon a motion by Councilman Medders, Item (a) on the Consent Calendar - Allowance of Claims Nos. 2906 to 2178, inclusive, in amount of $52,772.77, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Deferred Business. Proposed Ordinance of the Council of the City of Bakers- field adding Chapter 17.51 to the Municipal Code establ'ishing a Planned Unit Development Zone and providing regulations therefor has been deferred for thirty days for further study by the Council. Thomas, this was considered first wording of Section 17.51.080 at meeting of December 13, 1971, Upon a motion by Councilman reading of the Ordinance and the (c) was changed to read as follows: 45 Bakersfield, California, January 17, 1972 - Page 3 17.51.080 (c) Termination of the P. U. D. Zone. Exten- sions of time to commence construction, not to exceed more than two for one year each, may be granted by the Planning Commission with the approval of the City Council. Adoption of Resolution No. 3-72 of the Council of the City of Bakers- field declaring that the City is providing Fire Protection Services within its jurisdiction and directing filing thereof with the Board of Supervisors of Kern County. Upon a motion by Councilman Rees, Resolution No. 3-72 of the Council of the City of Bakersfield declaring that the City is providing Fire Protection Services within its jurisdiction and directing filing thereof with the Board of Supervisors of Kern County, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Approval of Map of Tract No. 3562 "A" 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. 3562 "A" be, and the same is hereby approved, that all easements, roads, avenues, courts and alleys shown upon said Map and thereon offered for dedication be, and the same are offered for dedication. Pursuant to the provisions of Section 11587 of the Business and Professions Code, the City Council hereby waives the requirements of signature of the following: Verna I. Kelly, "The Judith Lynn Simon Present Interest Trust", 'The Frank E. Simon Present Interest Trust", "The Jon Michael Simon Present Interest Trust", and the Sill Properties, a California Corporation, all owners of mineral rights below a depth of 500 feet with no right of surface entry. Also Tenneco West, Inc. a Delaware Corporation, an easement holder and the County of Kern as easement holder. 46 Bakersfield, California, January 17, 1972 - Page 4 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 covering improvements in said Tract. Request of Anthony Medunic to connect property to the City Sewer System referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Thomas, request of Anthony Medunic to connect property in Tracts 2458 and 2459 to the City Sewer System was referred to the Planning Commission for study and r ecommendat ion. Approval of Utilities Agreement No. 9529052 for Phase One, Relocations to Sewer Mains for State Route 58 Freeway. Upon a motion by Councilman Heisey, Utilities Agreement No. 9529052 for Phase One, Relocations of Sewer Mains for State Route 58 Freewas, was approved, and the Mayor was authorized to execute the Agreement. At this time Mayor Hart acknowledged the presence of students from South High School and Foothill High School who were observing the Council meeting. Request for Leave of Absence Without Pay granted Alfred Azevedo, Sanitation Crewman I, Public Works. Upon a motion by Councilman Rucker, Leave of Absence Without Pay until March 6, 1972, was granted Alfred Azevedo, Sanitation Crewman I, Public Works. Adjournment. There being no further business to come before the '/e Council, upon a motion by Councilman Rees,~r~he eting was at 8:20 P. M. MAYOR o~ ~f Bakersfield, Calif. ATTEST: · C an - rk of the Council of the City of Bakersfield, California adjourned Bakersfield, California, January 24, 1972 47 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., January 24, 1972. In the absence of Mayor Hart, Vice-Mayor Robert Whittemore called the meeting to order, followed by the Pledge of Allegiance and Invocation by the Reverend George Fraser of Interns for Christ. The City Clerk called the roll as follows: Present: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Absent: Mayor Hart Minutes of the regular meeting of January 17, 1972 were approved as presented. Scheduled Public Statements. Mrs. Donna Handy, 409 Cypress Street, addressed the Council expressing her concern for teenage runaways and the people who harbor them and requesting the Council to adopt an Ordinance prohibiting anyone under the age of 18 to hitchhike, with penalties for both the hitchhiker and the person who picks him up. She stated that the narcotic problem in the City is growing and present laws for enforcement are insufficient and inadequate. She asked the Council to exercise its duty to society by taking immediate action to stop the sale of drugs in the City. Councilman Heisey commented that he is certain the City has adequate Ordinances prohibiting hitchhiking and the sale and use of alcoholic beverages and narcotics. He then made a motion that t~e entire problem be referred to the Police Department for review and report back to the Council. Councilman Rees supported Councilman Heisey's motion and asked that it also include a request to the City Attorney to report back to the Council on any statutes relative to the harboring of runaways. Councilman Bleecker stated there are many schools of thought regarding control of the narcotics problem at the local level. In his opinion the best way to handle this problem is to 48 Bakersfield, California, January 24, 1972 - Page 2 enforce the law starting with the pushers at the bottom and go up. He asked the City Attorney if present State laws did not prohibit hitchhiking on freeways and State highways. Mr. Hoagland stated he was not entirely familiar with the State law, but the City has no jurisdiction to ban hitchhiking on State highways. It could do so on City streets, however, he does not believe there is such an Ordinance on the books at the present time. Councilman Bleecker asked the City Attorney to research the matter and report back to the Council at the next meeting. Councilman Rucker commented that for many people the only means to get across town is to hitchhike and he would not be in favor of an Ordinance prohibiting hitchhiking in the City. After further discussion, Vice-Mayor Whirremote thanked Mrs. Handy for bringing these matters to the attention of the Council members, as they are all concerned with any problems affecting young people. Vote taken on Councilman Heisey's motion to refer the matter to the Chief of Police and the City Attorney for review and recommendation back to the Council, carried unanimously. Correspondence. Upon a motion by Councilman Heisey, communication from R. H. Ramey, District Engineer State Division of Highways, regarding scheduling of construction of Route 58 Freeway between Cottonwood Road and Weedpatch Highway and advising that there is a strong probability that the advertising of this project will be delayed as much as a year, was received and ordered placed on file. After discussion, upon a motion by Councilman Rucker, communication from Hugh Sill of Sill Properties, Inc. asking that his former request for cancellation of Lease No. 30-67 by letter of December 20, 1971 be ignored as of January 19, 1972, and that said lease be once again instituted under all conditions contained therein, was received and ordered placed on file. Upon a motion by Councilman Thomas, existing lease with Sill Properties, Inc. for parking lot at 18th and Eye Streets, was referred to the Business Development and Parking Committee for study and evaluation. 49 Bakersfield, California, January 24~ 1972 - Page 3 Councilman Bleecker asked Councilman Thomas why he wished the lease with Sill Properties, Inc. referred back to the Business Development and Parking Committee. Councilman Thomas stated he was not 100% in favor of the present lease on this parking lot and he would like to discuss the details further with Mr. Sill and the other people involved, as he does not believe the City of Bakersfield should subsidize this parking lot. Councilman Bleecker stated that he has no objection to the Committee again evaluating the lease, which is in effect now and has not been changed. At the time Mr. Sill requested cancella- tion of the lease, Councilman Bleecker asked the Downtown Business Association, through the City Manager, to submit their recommendations in writing regarding this parking lot, for evaluation by the Council Committee. Councilman Rucker stated that he was under the impression the Committee has considered making changes in this agreement when it was discussed previously. Councilman Bleecker stated that Mr. Sill had made suggestions for changes in the original lease which the Committee did not consider desirable. At that time, Mr. Sill informed the Committee he would not consent to anything less than his original offer and requested cancellation of the lease, which he has now asked be reinstituted. Upon a motion by Councilman Rees, communication from Wayne Duke, Commissioner of the Big Ten Intercollegiate Conference, regarding the possibility of the City of Bakersfield serving as a training site for the Big Ten participants in the Annual Rose Bowl Game, was received and ordered placed on file. Councilman Heisey moved that the City Manager be requested to send a letter to Mr. Don Simpson in behalf of the Council, for his distinguished record of community service as a member of the Fire Department Civil Service Board. This motion carried unanimously. 5O Bakersfield, California, January 24, 1972 - Page 4 Council Statements. Councilman Bleecker commented on a letter he had received from Mervyn M. Dymally, Chairman of the Senate Majority Caucus of the State of California, in which he called the Council's attention to the fact that the 1970 Legislature passed and Governor Reagan signed his bill, which requires chartered cities to base their wards or councilmanic districts on population rather than the number of registered voters. This law takes effect on March 4, 1972. Bakersfield is one of the 14 cities in the State which utilizes registered voters and he feels the City would want to know about the new statute which requires redistricting on the basis of the 1970 Federal Census into wards or districts of equal population. Councilman Bleecker asked Mr. Hoagland if he was satisfied that the City at the present time conforms to the California statute regarding redistricting by population instead of registered voters. Mr. Hoagland replied that the City does not conform at the present time. Prior to the passage of this statute, the Supreme Court of the State of California had already ruled in the matter of the City of Los Angeles, that its districts had to be redrawn on the basis of population. This particular statute is only declaratory of that which the Supreme Court has already ruled. The Planning and Public Works Department are conducting population studies for City redistricting which will take place before the next Councilmanic Election in 1973. City Manager Bergen added that the first filing date of the next Councilmanic Election will be the 29th day of November, 1972, and in order for candidates to be aware of the boundaries of the City's wards, this redistricting should be completed before the first of November. Maps are being prepared and will be sub- mitted to each Councilman for consideration within the next month. City Attorney Hoagland stated the City Charter's residency section requiring a candidate to be a resident of the City for three years has been ruled unconstitutional. An Ordinance setting forth a one year residency requirement will be submitted to the Council for consideration within a short time. Bakersfield, California, January 24, 1972 - Page 5 51 ago. He, Medders' rates. Councilman Medders stated he wanted to discuss the con- nection rate of $9.95 being charged newly annexed residents to the City by the Kern Cable TV Company, while those people living in the area franchised by the Bakersfield Cable TV Company are not charged to hook-up to the cable. He has had several complaints regarding this charge and asked if something couldn't be worked out to have this fee set aside for the newly annexed areas. Mr. Hoagland stated that the Bakersfield Cable TV operates under a franchise issued by the City of Bakersfield and the Kern Cable TV was issued a franchise by the County of Kern to operate in the unincorporated areas. The law on franchises states that if the company is franchised in the County and subsequently areas are annexed to the City, those areas will still come under the County franchise and pay the required fees. There are no provisions for territory annexed to the City to come under the Bakersfield Cable TV system and its prevailing rates until such time as Kern Cable's franchise expires, which will probably not be for some time. Councilman Rees stated that inequity is not a new thing in the City of Bakersfield. The people living in the Crest Water District are paying a higher rate for water from the California Water Service Company because of something that happened many years therefore, feels very sympathetic towards Councilman inquiry regarding the inequity existing in the cable TV Mr. Hoagland commented that no franchise is exclusive. Any cable company wishing to be franchised by the City can go into competition with Kern Cable TV. However, from a practical stand- point, they are not willing to engage in that type of competition, as only one line can run on the poles controlled by the Pacific Telephone and P. G. & E. Councilman Heisey stated that he has listened to many complaints regarding cable TV service and it.has only been recently that he has had this service installed in his home. He is delighted with the good service and evidently the public feels the same, as the Council has not received any complaints regarding cable TV service. Bakersfield, California, January 24, 1972 - Page 6 Councilman Rucker stated that he has received complaints from residents of his ward living at 229 Hayes Street regarding the large number of dogs and cats running loose in the neighbor- hood, and he asked the staff to take this matter up with the Animal Warden. Reports. Upon a motion by Councilman Thomas, the 1971 Annual Report of the Civil Service Board for Miscellaneous Departments was received and ordered placed on file. Consent Calendar. The following items were listed on the Consent Calendar: (a)Allowance of Claims Nos. 2169 to 2312, inclusive, in amount of $85,448.09. (b) Street Right of Way Deed from Stockdale Development Corporation for New Stine Road between Ming Avenue and Stine Road. Upon a motion by Councilman Medders, Items (a) and (b) of the Consent Calendar, were adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: None Deferred Business. After discussion, upon a motion by Councilman Thomas, Ordinance No. 1986 New Series of the Council of the City of Bakers- field adding Chapter 17.51 to the Municipal Code establishing a Planned Unit Development Zone and providing Regulations therefor, was adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Ayes: Noes: Absent: None None Request from Tenneco West, Inc. for annexation of the SW/4 of Section 10, Township 30 South, Range 27 East, M.D.M., to the City of Bakersfield, referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Bleecker, request from Tenneco West, Inc. for annexation of the SW/4 of Section 10, Bakersfield, California, January 24, 1972- Page 7 Township 30 South, Range 27 East, M.D.M., to the City of Bakers- field, was referred to the Planning Commission for study and recommendation. Claims for Damages referred to the City Attorney. Upon a motion by Councilman Rucker, the following Claims for Damages were referred to the City Attorney: 1. Elodia Bonilla 2. Dale Baker 3. Hiawatha Washington, Monica Torres, Sylvia Bangoy, Maria Bangoy Hearings. This is the time set for public hearing on application by Frank Carale to change the Zoning Boundaries from an R-1 (Single Family Dwelling) Zone to a C-2-D (Commercial - Architectural Design) or more restrictive, Zone, affecting that certain property in the City of Bakersfield commonly known as 2101, 2107 and 2111 Brundage Lane. This property has had several commercial uses allowed by variances, including a service station, paint and equipment rental stores. As variances are no longer valid by State law, the proper'ty owners wish to rezone this property to commercial. The proposed commercial use of this property is in full conformance with the general arrangement of land uses as depicted in the Bakersfield Metropolitan Area General Plan. This hearing has been duly advertised and posted and no written protests have been filed in the City Clerk's office. Vice-Mayor Whittemore declared the hearing open for public participation. No one speaking in opposition or in favor of the rezoning, the public hearing was closed for Council deliberation and action. Councilman Thomas stated that he has received complaints from those people living on Roosevelt south of the service station thai vehicles using the service station are permitted to jut out into the alley blocking traffic, and he asked the Planning Depart- ment and the Building Department to check this out in an effort to alleviate the problem. 54 Bakersfield, California, January 24, 1972 - Page 8 Upon a motion by Councilman Thomas, Ordinance No. 1987 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 2101, 2107 and 2111 Ayes: Noes: Absent: Brundage Lane, was adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore None None Adjournment. There being no further business to Council, upon a motion by Councilman Rucker, adjourned at 9:05 P.M. come before the the meeting was MAYOR of Bakersfield, ATTEST: CITY~~'a~n ~ffi~o~e~k of the Council of the City of Bakersfield, California Calif. 55 Bakersfield, California, January 31, 1972 Minutes of the regular meeting of the Council of the City of Bakersfield, California, the City Hall at eight o'clock P. The meeting was called held in the Council Chambers of M., January 31, 1972. to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend A. L. Greenvalt of the Trinity Baptist Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Heisey, Medders, Rees, Rucker, Thomas, Whittemore Absent: Councilman Bleecker Minutes of the regular meeting of January 24, 1972 were approved as presented. Council Statements. Councilman Heisey stated that he has been annoyed and has received many complaints regarding telephone solicitations to purchase tickets to circuses and other events scheduled to be held in Bakersfield. He asked the City Manager if it were not necessary for these organizations to first obtain a permit from the Board of Charity Appeals. Mr. Bergen confirmed the necessity for obtaining a permit, stating that his office has received complaints also in this regard. As the City Attorney has had problems with telephone solicitation and he is absent tonight, a report from his office will be forthcoming at the next meeting. Councilman Rees stated that Mr. John Watts, his original appointee to the Citizens Advisory Water Committee, is unable to serve, and he submitted the name of Mr. Robert G. Ramey, 2612 Noble Avenue, as a replacement appointment to this Committee. Councilman Rees commented that he, too, has had many telephone solicitations, especially to purchase circus tickets, and as far as he knows, legitimate organizations are involved who have told him the only way they can sell tickets for charitable purposes, is to "push" the sales. He believes that an investigation by either the City Manager or the City Attorney will reveal these organizations have gone through the proper channels. 56 Bakersfield, California, January 31, 1972 - Page 2 Reports. City Manager Bergen stated that the Council last week requested reports on the problems of hitchhiking, harboring runa- ways, and narcotics. For the Council's information, the City Attorney is prepared to make a verbal report on hitchhiking and harboring of runaways, and the Police Department has made a detailed, statistical, report of Narcotic Activity for the year 1971, a copy of which has been submitted to each Councilman and the press. In the absence of City Attorney Hoagland, Assistant City Attorney Charles Leach reported that he has made a thorough search of the statutes on harboring of runaway children, and there is no specific statute prohibiting the harboring of a runaway child. This may come under the General Statute Section 272 of the Penal Code, of contributing to the delinquency of a minor. This field is occupied fully by the State and the City's efforts to legislate would be of no force or effect. The State Statute prohibits hitchhiking from the roadway, that part of the highway right-of-way that is reserved for vehicular traffic. Generally, in the City, it would be from curb to curb. The State law is very clear on this, and the City's ordinance covering hitchhiking is practically identical. A recent Attorney General's Opinion holds specifically that the City may not make it a crime to hitchhike from off the roadway. Mayor Hart commented that if a hitchhiker is standing on the curb or a sidewalk junctured with a crosswalk, he can solicit rides without being in violation of the current State laws. Mr. Leach stated that is correct. There are no hitchhiking statutes pertaining to freeways, but there is a statute which permits the State Department of Public Works to make an order either prohibiting or restricting pedestrians from being on the freeway, as on some approaches to the freeways signs are posted prohibiting pedestrians, bicycles, etc. The existing City ordinance is not in conflict with the State law, in fact the wording is almost identical. Councilman Medders asked if age had anything to do with enforcing this Statute, and Mr. Leach replied in the negative, 57 Bakersfield, California, January 31, 1972 - Page 3 stating that the Police Department issues approximately 20 citations a month in the City for violation of either the State law or the City ordinance, but generally they act on the basis of the State law, sex or age does not enter into it. Consent Calendar. The following items were listed under the Consent Calendar: (a) Allowance of Claims Nos. 2313 to 2400, inclusive, in amount of $29,253.78. (b) Application for an Encroachment Permit from Shell Oil Company. Upon a motion by Councilman Medders, Items (a) and (b) of the Consent Calendar, including a Transfer of Funds in amount of $300 from Fund No. 11-665-1200 to 11-650-7100, for radio extension in Public Works office, were adopted by the following vote: Ayes: Councilmen Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: Councilman Bleecker Reception of Report on Narcotic Activity for 1971. Upon a motion by Councilman Thomas, Report from the Chief of Police on Narcotic Activity for 1971 was received and ordered placed on file. Councilman Medders requested that Mrs. Donna Handy be permitted to address the Council. At last week's Council meeting, Mrs. Handy had requested that action be taken relative to prohibitJLng teenager hitchhiking in the City and on roadways and the harboring of teenage runaways. Mrs. Handy stated that the response from the City Attorney was as she expected, that she had been warned her efforts would be futile. She does not agree with the reports that there is no action that can be taken by the Police Department regarding the contributing to the delinquency of a minor by harboring a teenage runaway and hitchhiking on the roadways. She also disagreed with the statistics quoted by the Police Department in its report on narcotic violations for 1971, stating she knows of many cases that are not on record. Bakersfield, California, January 31, 1972 - Page 4 Mrs. Handy repeated certain allegations against the Police Department which Were investigated in depth by the Kern County Grand Jury last year and it was determined that the charges were unfounded. Mayor Hart interrupted Mrs. Handy pointing out that the Council Chamber is not the place to direct any charges against any members of the Police Department, that if she had a personnel matter regarding the Chief of Police or other members of the Police Department, that she should go through the proper channels. Mrs. Handy stated she had completed her presentation and she intended to pursue the matter through the proper channels. Councilman Thomas stated to Mrs. Handy that the Council was not in any way attempting to conceal anything from her or the general public. He had asked that the Narcotic report be received and filed and also that Mrs. report. Mayor Hart gave his her information. Handy be furnished with a copy of the copy of the report to Mrs. Handy for Action on Bids. Upon a motion by Councilman Thomas, low bid of Griffifh Company for the improvement of South Chester Avenue between Kern Island Canal and Ming Avenue was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rees, low bid of Deifel's Inc. for Annual Contract of Automotive Paint Supplies was accepfed, all other bids were rejected, and the Mayor was authorized to execute the contract. Approval of Application for Workable Program Re-Certification for 1972-1974. It was moved by Councilman Whittemore, that the Re-Certi- fication of the Application for the Workable Program for 1972 to 1974, be approved. Councilman Medders commented that most of the projects in the application to the Federal Government require a certain percentage of local payment, as well as have strings attached. He believes that the Application should be re-certified, but he feels that the Council should use extreme caution in making applications for any funds for Federal projects. 59 Bakersfield, California, January 31, 1972 - Page 5 Councilman Rees stated he was interested in one facet of the Workable Program which requires the City to remove sub- standard buildings in order stands that an inspector in full time to the removal of to qualify for the program. He under- the Building Department is devoting these dangerous buildings, which is a slow moving activity, but progress is a very necessary area. This application is representative of needed improvements in the City and that is the reason why he supports the motion to approve the application. Councilman Rucker stated that in his opinion this program should not be extended to those substandard homes which are occupied, the unoccupied buildings which are dangerous to the public should be removed, but assistance should be given to those people who wish to improve their below standard homes. Mr. Bergen stated that the City of Bakersfield has a very cautious approach to condemning the homes which are substandard. The program which they have now is a long term program, primarily interested in the removal of vacant homes or rentals which are really substandard. Many large cities are very zealous in the enforcement of the Building Code as it affects older homes. The City of Bakersfield is interested in the correction and improvement of the older homes as part of the Workable Program, not just the removal of substandard buildings. Vote taken on the motion to approve Re-Certification of the Workable Program was unanimously adopted and carried. Denial of request of Anthony Medunic to connect property in Tracts 2458 and 2459 to the City Sewer System. A request was received from Anthony Medunic to connect property in Tracts 2458 and 2459 to the City Sewer System. These tracts are located within the proposed Wilson #2 annexation, how- ever, the proponents of the annexation have not been able to obtain the necessary 25% signatures required to bring the~ annexation to an election. Sewer service to said tracts would require a sizeable expenditure and a County Public Improvement District. The Planning Commission has been advised by the City Attorney that the City should 6O Bakersfield, California, January 31, 1972 Page 6 have serious legal problems in disconnecting the sewer service if the majority of the residents of the area chose not to annex. It is therefore the opinion of the Planning Commission that County Public Improvement Districts should not be allowed as a means to provide City Sewer Service to unincorporated areas and it would recommend that sewer service be granted to these tracts upon annexation to the City. Upon a motion by Councilman. Rees, the recommendation of the Planning Commission was upheld, and the request was denied. Hearings. This is the time set for public hearing before the Council on application by Wayne J. Peacock to amend the zoning boundaries from an R-3-MH-D (Limited Multiple Family Dwelling - Mobile Home Park - Architectural Design) Zone to an M-1 (Light Manufacturing) or more restrictive, Zone, affecting that certain property in the City of Bakersfield located southerly of West Columbus Street, easterly of "K" Street, northerly of 40th Street and westerly of Jewerr Avenue. This hearing has been duly advertised and posted and no written protests have been filed in the City Clerk's office. The Planning Commission is of the opinion that light manufacturing and commercial service uses for this parcel would be compatible with the neighborhood but would recommend that all development be con- trolled by the "D" (Architectural Design) Overlay. The proposed commercial service and light manufacturing uses of said parcel would not be in conflict with the goals, objectives or general arrangement of land uses as depicted in the Bakersfield Metropolitan Area General Plan. Mayor Hart declared the hearing open for public partici- pation. ~r. John Pierson, owner of apartments at 3930 Jewerr Avenue directly across the street from the proposed development, expressed his concern regarding the type of industry which would be permitted on this parcel, stating that he would not be in favor of anything which would cause odors, noise or dust in the area. Planning Director Sceales stated that the request is for a light industrial zone which would not emit any fumes, dust or noise. Also, the "D" Bakersfield, California, January 31, 1972 - Page 7 (Architectural Design) Overlay would require that the plans for any structures or any type of development of the property would be submitted to the Planning Commission for review and approval before a Building Permit would be issued for construction. Mr. Leonard Schroeder, Architect for the project, added that as Mr. Sceales had indicated, the type of activity that will be taking place on this property is definitely of the light manu- facturing nature, comparable to what is already existing to the west of the particular site. They have no intention of constructing anything in the heavy industrial nature which would cause odors, noise or dust, or have a nuisance factor. No protests or objections being received, the hearing was closed for Council deliberation and action. Councilman Heisey remarked that in his opinion this project would be an asset to the surrounding area, and moved adoption of Ordinance No. 1988 New Series amending Title 17 of the Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located southerly of West Columbus Street, easterly of "K" Street, northerly of 40th Street and westerly of Jewett Avenue. This motion carried by the following roll call vote: Ayes: Councilmen Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: Councilman Bleecker This is the time set for public hearing before the Council on application by Peoples Missionary Baptist Church to amend the zoning boundaries from an R-1 (Single Family Dwelling) Zone to an R-1-CH (Single Family - Church) or more restrictive, Zone, affectiilg that certain property in the City of Bakersfield commonly known as 1451 Madison Street. This hearing has been duly advertised and posted and no written protests have been filed in the City Clerk's office. The Planning Commission is of the opinion that R-1-CH Zoning would be compatible with the neighborhood. Bakersfield, California, January 31, 1972 - Page 8 The proposed church use of subject property would not be in conflict with the goals, objectives and general arrangement of land uses as depicted in the Bakersfield Metropolitan Area General Plan. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received and no one speaking in favor of the proposed rezoning, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Rucker, Ordinance No. 1989 New Series amending Title 17 of the Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 1451 Madison Street, was adopted by the following vote: Ayes: Noes: Absent: Council, adjourned at Councilmen Heisey, Medders, Rees, Rucker, Whittemore None Councilman Bleecker Adjournment. There being no further business to come upon a motion by Councilman Medders, 8:40 P.M. Thomas, before the the meeting was MAYO~-oT"t~e ~it/y ~ Bakersfield, Calif. ATTEST: of the City of Bakersfield, California Bakersfield, California, February 7, 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., February 7, 1972. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Kenneth Adams of the First Methodist Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Whittemore Absent: Councilman Thomas Minutes of the regular meeting of January 31, 1972 were approved as presented. Correspondence. Upon a motion by Councilman Whirremote, communication from the State Division of Highways advising that based upon their current cash forecasts, it appears it will be early 1973 before they can advertise for bids on the construction of State Highway Route 58 between State Highway Route 99 and Route 184 (Weedpatch Highway), was received and ordered placed on file. Council Statements. Councilman Heisey stated he wanted to commend those persons who sponsored and worked so hard to make Black History Week a success in Bakersfield. Councilman Bleecker commented on the Narcotics Activities Report for the year 1971 which was submitted to the City Manager by the Chief of Police at last week's meeting, referring to the state-. ment in the report that $9,172.17 was expended for conducting over 900 narcotics investigations during 1971. He asked Mr. Bergen if there was any limit on the amount of money which the Chief of Police can spend for this purpose, as this amount seems extremely low compared to the problem which exists in the City. Mr. Bergen replied that there is a special fund in the maximum amount of $2,500.00, which is reimbursed periodically from the General Fund when it is depleted and proper accounting is made to the Finance Director and City Manager. 64 Bakersfield, California, February 7, 1972 - Page 2 Councilman Bleecker stated that he can't speak for the other members of the Council, but he is of the opinion that spending ten times this amount for this purpose would not be too much, and if it is necessary, funds be made available to do so. He asked if the Chief of Police could not be given two additional plainclothes officers to be assigned to the once, instead of waiting until the problem exists now. Mr. Bergen stated it narcotics enforcement detail at the 1972-73 budget sessions, because is always possible to transfer funds from the Council's Contingency Fund for additional personnel, but such action is frowned upon other than at budget time, unless it is an emergency. Councilman Bleecker stated that if the Chief of Police really feels he needs two additional officers in the narcotics division, he is 100% in favor of granting this request immediately. Councilman Whittemore commented that some service stations and tire shops in the City have been stacking used tires on their property line and occasionally encroaching onto City property. This results in a traffic hazard and these stacks of tires attract black widow spiders and catch trash. He asked if these tires can be handled at the City landfill and if there isn't an existing City ordinance which would prohibit storing used tires in this manner, that an ordinance be enacted for this purpose. Director of Public Works Jing stated there was no proble~a as far as disposing of used tires at the City landfill. City Attorney Hoagland stated he didn't believe there was an ordinance, however, it might be considered a health problem, which in that event would be a violation of the State Health and Safety Code. Councilman Whittemore asked and Mr. Hoagland stated he would look enacting some type of ordinance. Councilman Rucker commented claimed February 6 to that the matter be researched, into the possibility of that Mayor Hart had pro- 12, 1972, as "Black History Week" and Bakersfield, California, February 7, 1972 - Page 3 requested each and every citizen to participate. He attended last evening's Black History Week celebration and was disappointed that there were not more people of other races present, as the intent and goal of this activity is to build good relations throughout the community. Upon a motion by Councilman Heisey, Mayor Hart was asked to forward a letter to Mr. Robert Hoven, member of the Advisory Board of the Automobile Club of Southern California, thanking him for his cooperation relative to the presentation in the current issue of Westways Magazine of an excellent article on the City of Bakersfield by Jack Smith, former resident of this community. Councilman Heisey stated he does not think the Council should be too hasty to take any punitive action against service station operators as long as used tires are stored on their own property. He is sure that those operators who display their tires feel they make a good appearance to the public and informs the public that they sell tires. Councilman Whittemore commented that the tires he referred to were not those used for advertising, but are mountains of old tires that should be discarded. Reports. Councilman Bleecker, Chairman of the Business Development and Parking Committee, reported on a meeting held with the staff to discuss amendments to the ordinance regulating ~he sale of safe and sane fireworks within the gained last year with the fireworks. City. These requests stem from experience processing of applications for the sale of The staff has requested that the officer, operator, or authorized employee of an eligible nonprofit organization, corpora-- tion or retail business be required to file an application for a permit to sell fireworks. This would then prohibit the wholesaler or agent of a fireworks company frommaking application and would insure the City that the nonprofit organizations, corporations and retail businesses have,. in fact, made an official commitment to sponsor the sale of fireworks. Bakersfield, California, February 7, 1972 - Page 4 In addition, the staff has requested that all applicants submit written approval from the property owner and/or lessor for the location on which it is intended to sell fireworks. This pro- vision would solve the problem encountered last year when more than one applicant was interested in selling fireworks at the same location. The applicant with written consent from the property owners will be issued the permit for that location and will give the City assurance that the property owner is aware that his property is going to be used for the sale of fireworks. In conclusion this Committee recommends that this report be received, and that this be considered first reading of the attached ordinance which would accomplish those changes in the fireworks ordinance as outlined in this report. Upon a motion by Councilman Bleecker, the report was adopted. Councilman Rees, Chairman of the Budget Review and Finance Committee, reported that this Committee and the staff have met several times in recent months with the City's Financial Consultant relative to alternative methods of financing the con- struction of a new Police Facilities Building. As the Council will recall, the Citizens Committee which studied the space needs of the Bakersfield Police Building, reported on May 20, 1970, their conclusion that existed in the present Police Building. that "the Council should be encouraged a critical space need In part, the report stated to move with great expediency toward the erection of a new Police Facility consistent with prudent planning and proper financing." The report outlined various methods of financing such a facility. This Committee has met during this past week with the Chairman of the Citizens Committee to discuss their recommended method of financing a new Police Building. The Citizens Committee unanimously suggested that the facility be financed by means of a lease-purchase program, either a joint powers authority or nonprofit corporation, rather than through the sale of general obligation bonds. 67 Bakersfield, California, February 7, 1972 - Page 5 After careful study, this Committee recommends that the construction of a new Police Building be financed by means of lease financing. Such a program would not bind the City until all costs are known and the lease executed. In addition, the payment for the interest and redemption requirements for joint power authority revenue bonds or quasi- municipal bonds of a nonprofit corporation will be structured to cause the least effect on the present general property tax levy for bond debt service and would be redeemed as near as possible in conjunction with the maturity of the City's present general obligation bonds.. Therefore, this Committee recommends that the Council receive this report and instruct the financial consultant to pro- ceed with the necessary steps to explore alternatives for financing the construction of a new Police Building by means of a lease-. purchase program. Attached to .the report for the information. of the Council is a comprehensive analysis of comparative financing methods for construction of a new Police facility. Councilman Rees then moved that the report be received. Councilman Heisey asked the motion include that action on the report be delayed for one week for Council consideration. Nayor Hart stated that this, then, would be considered first reading. Councilman Rees stated that this is not an ordinance or a resolution, it is a report containing a recommendation that the City's consultant be directed to proceed to explore alternatives. However, it could be considered first reading in the sense that it is the Committee's recommendation to the Council. Councilman Heisey stated that it was his understanding in committee that the report would be presented tonight and any action taken the following week, so that the Council would have a week's time to digest the report. Bakersfield, California, February 7, 1972 - Page 6 Councilman Bleecker asked if this was the program by which the firm of Wainwright and Ramsey receives no remuneration from the City unless the project is actually undertaken. Mr. Bergen confirmed this, stating that this firm had been retained as the City's financial consultant and will not receive payment until the actual details of financing the construction of the building have been worked out. Councilman Bleecker asked Mr. Bergen if the City's con- sultants would receive any compensation if this project were financed through the sale of general obligation bonds. Mr. Bergen replied that they would receive the same amount. Councilman Bleecker stated the study requested by the Budget Review and Finance Committee from Wainwright and Ramsey appears to rule out the sale of general obligation bonds and asks the consultants to explore financing this facility by means of a lease-purchase program, which in his opinion, causes an ambiguity in the report. He asked for an explanation. Councilman Rees, as Chairman of the Budget Review and Finance Committee, stated that the alternatives in the report are between a nonprofit corporation or a joint powers authority. The joint powers authority is broken down in alternatives between an agreement with the County of Kern and possibly an agreement with the Bakersfield Redevelopment Agency. The Citizens Committee has indicated to the Budget Review and Finance Committee that a new building for the Police Department is a critical need; the Committee in turn feels that this need is critical. The Committee feels that there are substantial reasons why the alternatives that they have screened out of the entire possibilities are the best ways of financing the construction, subject, of course, to the examination of the Council. Councilman Bleecker stated that he wanted to make it absolutely clear that he would not support a report that does not contain a provision for a public vote on the sale of general obligation bonds. 69 Bakersfield, California, February 7, 1972 - Page 7 Councilman Heisey attempted to clarify the report further by stating that a representative of Wainwright and Ramsey present at the meeting of the Budget Review and Finance Committee, was particularly desirous that the Committee limit its recommendations to either considering the sale of general obligation b6nds that would permit the public to vote on the matter, or to go to one of the joint powers agreements mentioned in the report. Mr. Ray Dezember, Chairman of the Citizens Committee who was also present at the Budget Review and Finance Committee meeting, stated his Committee favored proceeding on the basis recommended in the report read by Chairman Rees. Councilman Heisey stated that Mr. Dezember advised him that this was by unanimous opinion of the Citizens Committee. He therefore would support the report. Councilman Whirremote pointed out that the report of Wainwright and Ramsey entitled "Comparative Financing Methods for Construction of a New Police Facility for the City of Bakersfield" is a very comprehensive report and will further clarify the Budget Review and Finance Committee's report. It coincides with the opinion of the members of the Citizens Committee who are topflight advisors and have done a great deal of research into the matter. Councilman Medders commented that it seems to him regard- less of how the issue is looked at, the people are going to pay for it. They are being offered two choices, either to vote on the issue or pay for the project without a ballot. Councilman Bleecker asked Councilman Rees if it was the intention of the Budget Review and Finance Committee in its short report to rule out financing this building by means of general obligation bonds. Councilman Rees replied that the report was not intended to be ambigious, the recommendation contained in this report is the Committee's recommendation, and the Council does not necessarily have to follow a Committee's recommendation. The Committee felt, for reasons pretty well explained in the consultant's report, that the most successful and quickest way to finance this project are the three alternatives outlined in the report. The report does not rule out anything, it is only intended to be a recommendation to the Council. 7O Bakersfield, California, February 7, 1972 - Page 8 Rees' After additional discussion, vote taken on Councilman motion carried unanimously. Consent Calendar. The following items were listed on the Consent Calendar: (a)Allowance of Claims Nos. 2401 to 2452, inclusive, in amount of $59,144.10. (b) Plans and Specifications for improving Columbus between Mt. Vernon and Auburn and Paving Median Islands in Panorama between Wenatchee and Crescent. Upon a motion by Councilman Medders, Items (a) and (b) of the Consent Calendar were adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Whittemore Noes: None Absent: Councilman Thomas Action on Bids. Upon a motion by Councilman Whirremote, requirement contract was awarded to Shell Gasoline and Diesel requirement contracts Oil Company, all other bids were rejected, authorized to execute the contracts. Councilman Bleecker asked if requests for bid had been sent to all the major oil companies. Mr. Frank Casey, Assistant to the Finance Director, stated that he had not attended the County's bid opening this year, but in the past all major oil companies had been given the opportunity to submit a bid. Mr. Ed Kuhn, representative of Atlantic Richfield who was present in the audience, stated that he had received a request to bid but did not do so because of the shortage of diesel and crude in this area making it necessary to haul from Los Angeles, which puts his company in a non-competitive position. Also, they make more money by not meeting competitive bids for County and City requirements. Many of the oil companies do not have low lead regular gasoline and do not qualify to offer a bid. Councilman Bleecker remarked thaf orindarily the infor- mation on the agenda states how many bids were requested and how many were received. He asked that this information be furnished in the future when bids are presented to the Council. Premium Gasoline Oil Company, Regular were awarded to Standard and the Mayor was 71 Bakersfield, California, February 7, 1972- Page 9 First reading of an Ordinance amending Section 17.56.010 of the Municipal Code (Zoning Regulations) providing for Automobile Off-Street Parking requirements. First reading was considered given an Ordinance amending Section,17.56.010 of the Municipal Code (Zoning Regulations) pro- viding for Automobile Off-Street Parking Requirements. Claim for damages from J. B. & Helen Bennett referred to the City Attorney. Upon a motion by Councilman Rucker, claim for damages from J. B. & Helen Bennett was referred to the City Attorney. First reading of an Ordinance amending Title 13, including Chapter 13.01, 13.04, 13.16, 13.30, 13.40, 13.60, 13,64 and 13.66 and repealing Chapters 13.80 and 13.90 of said Title of the Municipal Code, concerning Building and Construction Regulations and Standards; adopting by reference the Uniform Building Code (1970 Edition Volumes I, II, III, IV and V), and the Uniform Plumbing Code (1970 Edition). It was moved by Councilman Rees that an Ordinance amending Title 13, including Chapters 13.01, 13.04, 13.16, 13.30, 13,40, 13.60, 13.64 and 13.66 and repealing Chapters 13.80 and 13.90 of said Title of the Municipal Code, concerning Building and Con- struction Regulations and Standards; adopting by reference the Uniform Building Code (1970 Edition Volumes I, II, III, IV and V) and the Uniform Plumbing Code (1970 Edition), be considered given first reading, that the City Clerk be instructed to publish Notice of Hearing in the Bakersfield Californian for two successive weeks, and that date of hearing to consider adoption of said ordinance be set for 8:00 P.M., February 28, 1972. Councilman Rucker sta'ted that he does not think Building Code regulations should create a hardship on people who are occupying houses which have become substandard over the years, that they should not be compelled to expend money to bring their homes up to the code. Bakersfield, California, February 7, 1972 - Page 10 Councilman Heisey asked the City Manager to send copies of the ordinance to the Bakersfield Builders Exchange and the General Contractors Association for their information and that they be notified that the Council will hold a public hearing on February 28th. Mr. Bergen slated this had already been done. Councilman Bleecker asked if the City had an ordinance which required a home to be brought up to standard before it can be sold. Mr. Hoagland stated the City does not have such an ordinance. Building Director Olsson stated the only way it is brought to the Building Department's attention that a house is substandard or a hazard exists, is through the Welfare Department, Health Department or the Fire Department. When they are notified of this condition, they follow through on it. At the present time the City is operating under the 1967 Uniform Housing Code, which does not meet the standard of the 1970 State Code. Right now the State of California is operating under the 1970 Housing Code. Councilman Heisey asked if any change was contemplated in the permit fee schedules by the adoption of this ordinance and Mr. Olsson stated that the fees will remain the same. Vote taken on Councilman Rees' motion carried unanimously. Approval of boundaries of annexation of SW~ of Section 10, T30S, R27E, M.D.B.&M. to the City of Bakersfield, requested by Tenneco West. Upon a motion by Councilman Medders, the boundaries of annexation of the SW¼ of Section 10, T30S, R27E, M.D.B.&M., to the City of Bakersfield, requested by Tenneco West were approved, and referred to the City Engineer and City Attorney for referral to LAFC. 73 Bakersfield, California, February 7, 1972 - Page 11 Approval of Request from Gannon Con- struction to construct three 236 Housing Projects· Upon a motion by Councilman Bleecker, request from Gannon Construction to construct three 236 Housing Projects was approved. These projects are located as follows: Royal Palms Apartments: Contains 24 units and is located on West Columbus Street between Jewett Avenue and "O" Street. Alta Cresta Arms: Contains 12 units and is located on Goodman Street east of Thelma Drive and west of Alta Vista Drive. Villa San Dimas: Contains 20 units and is located on 36th Street between "O" and San Dimas Street. Councilman Whittemore voted in the negative on this motion. Adoption of Resolution No. 4-72 certi- fying title to the intersections within the "Bakersfield Topics Plan-2 for the installation and Modification of Traffic Signals and Lighting Systems at various Intersections." Upon a motion by Councilman Medders, Resolution No. 4-72 certifying title to the intersections within the aKersfield Topics Plan-2 for the Installation and Modification of Traffic Signals and[ Lighting Systems at various intersections," was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Whittemore Noes: None Absent: Councilman Thomas Adjournment. There being no luther business to come before the Council, upon a motion by Councilman Rucker, the meeting was adjourned at 9:02 P.M. ~¥o~f the ~ity of Bakersfield, Calif. ATTEST: ~i~ and~'x-~iclo-~lerk of the Council of the City of Bakersfield, California 74 Bakersfield, California, February 14, 1972 Minutesof 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., February 14, 1972. to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Donald Swain of the Westminster Presbyterian 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 the Council of the City of Bakersfield held February 7, 1972 were approved as presented. Council Statements. Councilman Heisey stated that it was just a year ago, on February 17th, that International Square Park in East Bakers- field was dedicated. This park has become a beautiful little island and is being used and enjoyed by picnickers and elderly people, and is a distinct improvement and credit to the east side of the City. He expressed his personal thanks to the news media and the members of the Council who worked with him in building support for the establishment of this park. Councilman Rees remarked that he could see nothing in the Municipal Code which would prevent one Councilman from saying something complimentary about another Councilman, one who is con- sidered competent, dedicated and is generally appreciated. He stated that he had been officially delegated to give this Council- man something for Valentine's Day and presented Councilman Medders with a valentine. Councilman Whittemore commented on Councilman Heisey's statements regarding International Square Park, stating that he was one Councilman who had deep reservations regarding this park, in fact he voted against it, but he notices that it is being used by very fine people and is very pleased that it is such a great success. 7,5 Bakersfield, California, February 14, 1972 - Page 2 Mayor Hart submitted the name of Mr. Ralph Poehner, 20 Panorama Gardens, to fill a vacancy on the Bakersfield Redevelop- ment Agency, due to the resignation of Mr. Gerald Clifford. He stated that Mr. Bill Lee, whose term on the Agency expired February 1, 1972, has expressed his willingness to serve another term. Upon a motion by Councilman Whittemore, Mr. Ralph Poehner was appointed, and Mr. Bill Lee was re-appointed, to serve as members of the Bakersfield Redevelopment Agency for four year terms expiring February 1~ 1976. Reports. Councilman Whittemore, Chairman of the Governmental Efficiency and Personnel Committee, reported that this Committee has met several times with the City staff to discuss amendments concerning overtime and administrative leave for certain few classes of employees in the Compensation Ordinance. In April, 1971, the Council adopted a number of changes in this ordinance and changes in the City's payroll procedures have indicated a need to update and further clarify several pro- visions of the Compensation Ordinance. The Committee reported that additional changes were being discussed and would be submitted to the Council when agreement had been reached. The Committee is proposing the following changes in the Compensation Ordinance: 1. Change the overtime classification for employees in the Supervisory Personnel Group of the Compensation Ordinance to authorize the payment of overtime. 2. Add to the Compensation Ordinance the provision whereby off-duty Firemen called back to fight fire would be compensated with a credit of compensatory time off at two times the hours of overtime worked or equivalent pay. This change puts a long-standing policy of the Fire Depart- ment in ordinance form. 3. Add to the Compensation Ordinance the pro- vision requiring all employees on leave of absence without pay to pay for their own health plan insurance. This amendment puts a long-standing administrative policy in ordinance form. 4. Implementation of other minor technical changes to facilitate the administration of the Compensation Ordinance. 76 Bakersfield, California, February 14, 1972 - Page 3 In conclusion, this Committee recommends that this report be received, that these proposed changes in the Compensation Ordinance be adopted, and this be considered first reading of the ordinance. Upon a motion by Councilman Whittemore, the report was received and the ordinance was considered given first reading. Upon a motion by Councilman Bleecker, report from Captain Robert Price, Traffic Division, on request for establishment of addition to Parking Mall, was received and ordered placed on file. Consent Calendar. The following items are listed on the Consent Calendar: (a)Allowance of Claims Nos. 2453 to 2522, inclusive, in amount of $26~834.76. (b) Street Right of Way Deed from J. L. Dandy & Company for opening of Wilson Road west of Stine Road. (c) Plans and Specifications for Paving and Improving Wilson Road from Stine Road to 1470 feet westerly. Upon a motion by Councilman Medders, Items (a), (b) and were adopted by the following vote: Rees, Rucker, (c), of the Consent Calendar, Ayes: Councilmen Bleecker, Heisey, Medders, Thomas, Whittemore Noes: None Absent: None Deferred Business. Councilman Rees, Chairman of the Budget Review and Finance Committee, stated that this Committee had submitted a Report last week on the financing of a new Police Building and questions posed at that meeting regarding this report were simple. 1. Does the City of Bakersfield need a new Police Building, or doesn't it? 2. If it does, how shall it be financed? The Budget Review and Finance Committee is firmly vinced that the City does need a new Police it should be financed, the fairly con- facility. As to how after studying the reports of the 14-man 77 Bakersfield, California, February 14, 1972- Page 4 Citizens Committee and the City's Financial Consultant, and con- ferring with the Financial Consultants and Mr. Ray Dezember, Chairman of the Citizens Committee, it was the conclusion of the Budget Review and Finance Committee that the building should be financed by tax-exempt, lease financing, using either a non-profit corporation or a joint powers agreement. The intent of this Committee's report as submitted at the last meeting, was to recom- mend to the Council that the City's Financial Consultant be instructed to explore these alternatives and to report his findings to the Council. Councilman Rees further pointed out thatthis is only a recommendation to the Council by the Budget Review and Finance Committee and referred to that portion of the Committee's report which stated, in referring to a lease purchase agreement, "such a program would not bind the City until all costs are known and the lease executed." Councilman Rees stated he would move to submit the report in second reading, for approval. Councilman Heisey stated he would like to have the question divided and submit it to a vote as to whether the City needs a new Police Building. He feels it is most important that the public be informed where the Council stands, and offered a substitute motion that the Council go on record as expressing the need for construction of a Police facility as early as possible and that the financing of the new building be considered as a separate motion. Councilman Rees stated he made a tour of the Police Building last week and in support of Councilman Heisey's division of the question, would say that he is thoroughly convinced that if this need isn't critical at the present time, it will become critical very soon. Vote taken on Councilman Heisey's substitute motion carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Noes: None Absent: None Thomas, Whir ternore 78 Bakersfield, Cali£ornia, February 14, 1972 Page 5 Councilman Medders submitted the following statement: I want to make it clear that I have no objections to the need for a Police facility. I am not questioning the need for more space, because I know that as the City grows, additional personnel will be required in each division and department. I feel we have a very fine Police Department and I support the Citizens Advisory recommendations for a new facility completely. I cannot support the lease-purchase proposal which bypasses the right of the voter who must pay the bill. It might be argued that the voters elected the Council to make such a decision. I am more inclined to think that the citizenry elects us to protect their right to exercise the option on key issues. I stand 100% behind a new Police facility financed by general obligation bonds which must be approved by the voter. Mayor Hart asked if the Committee had made a recommendation proposing the type of financing that Mr. Medders opposes or was it the recommendation that the consultant determine and recommend to the Council the method he feels should be used to finance the building. Councilman Rees stated that the Committee is recommending that the Council request the City's Financial Consultant to choose between the two lease purchase methods, and to recommend which of these would be most advisable. Since they have already received the benefit of the Financial Consultant's counsel, they are not requesting additional information on the sale of general obligation bonds. Councilman Bleecker stated that as he sees it the Council will be voting on whether or not to ask the consulting firm to explore two alternatives, both of which include financing by means other than general obligation bonds. He asked City Attorney Hoagland if when the consultant's report is received, it would be proper for the Council at some later date to take further action choosing the method by which it prefers to have the Police facility financed. Mr. Hoagland stated that it is his opinion the Council can make this decision tonight. The method of financing, whether it is done with a joint exercise of powers agreement with the County or one with the Redevelopment Agency, or a non-profit corporation, 79 Bakersfield, California, February 14, 1972 - Page 6 is a lease purchase method, the only other method of financing is the general obligation bonds. According to Mr. Bergen, the con- sultants are to work out some sort of a lease purchase arrangement and come back to the Council. At that time a decision can be made on either going to the method recommended by the Financial Consultant or to general obligation bonds. That decision could be made at the present time. Councilman Bleecker stated he did not want to make that decision now. He would support a motion that would cause a survey to be made, as it is not going to cost the City anything until some action is taken. Mr. Bergen stated he did not want to confuse the issue, but it was his understanding that the Budget Review and Finance Committee report recommended to the Council that the method of financing the facility would be by lease purchase, not general obligation bonds, and that the Financial Consultant be requested to evaluate methods of lease purchase and come back specifically with a program for the Council to approve. The approval tonight would not be binding on the Council but would determine future actions by the Financial Consultant and the staff. Councilman Bleecker stated that if the Council was going to decide tonight to finance this building by a lease purchase program, why request the Financial Consultant to make a survey. Couldn't an evaluation on general obligation bonds be made at the same time at very little additional cost. Mr. Hoagland stated that in his opinion the Council has a choice of either financing by lease purchase or by general obligation bonds. If a study is wanted on comparison of the two methods before a decision is made, that is a different thing, and he is not sure that is what the Committee's report recommends. He attended the Committee's meeting, and was under the impression that it was a policy decision to be made whether to go general obligation bonds or lease purchase. Bakersfield, California~ February 14~ 1972 - Page 7 Councilman Bleecker stated that in his opinion the entire Council is being precluded from information that it should have before a decision is made on how to finance the Police Building, because if the consultants are not asked to submit a study on general obligation bonds~ he does not see how the Council can properly act~ particularly in view of the fact that there appears to be some opposition among the Council members as to the proper way to finance the building. He feels it would be a disservice to the City for the Council to approve the method of financing as a lease purchase agreement, without including a survey on general obligation bonds. He therefore cannot support the motion under these circumstances. Mayor Hart asked if an acceptable motion to the Council would be to request the consultant to prepare recommendations on financing by both lease purchase agreements and general obligation bonds. Councilman Bleecker stated he would move that this be a substitute motion to the second part of the question. Councilman Heisey stated he attended the meeting and he concurs with the City Attorney that the consultant was asking for specific direction, either to go on the general obligation bonds or the joint powers agreement. He doesn't believe the Budget Review and Finance Committee's report spelled this out clearly enough and in view of the fact that every member of this Council is very much interested in this building, he thinks it would be a good idea to continue the matter for two weeks and to request the chairman of the Citizens Advisory Committee and the Financial Con- sultant to be present at the next Council meeting to explain their recommendations to the whole Council. He therefore offered a substitute motion that the matter be delayed for two weeks for explanations £rom Mr. Ray Dezember and the City's Financial Con- sultant. Councilman Rees stated he would be willing to accept Councilman Heisey's substitute motion, that he would like to have these gentlemen answer questions ~or the whole Council as they did Bakersfield, California, February 14, 1972 - Page 8 for the Committee. Substitute motion by Councilman Heisey carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Mr. Bergen commented that the two weeks delay will be helpful and they will endeavor to have the Financial Consultant present at the Council meeting. He suggested that the Council reread the report from Wainwright and Ramsey, as included in the report are comments regarding the three alternate methods of financing. Councilman Bleecker asked if this proposition could be placed on the June ballot if the Council should decide the general obligation bonds would be preferable to other means of financing this project. Mr. Hoagland stated that a certain amount of time would be needed to consolidate the election with the County June 6, 1972 Primary Election, but if the decision were made soon, this could be accomplished. It was moved by Councilman Bleecker that Ordinance No. 1990 New Series of the Council of the City of Bakersfield amending Section 17.56.010 of Chapter 17.56 of the Municipal Code providing for Automobile Off-Street Parking requirements be adopted. Councilman Whirremote asked Planning Director Sceales to clarify this ordinance for him. Mr. Sceales read sections of the existing ordinance and the changes proposed in the new ordinance. Councilman Whittemore stated he was concerned because of the number of vacancies in the downtown area and to require additional parking in an area where it is impossible to provide it, would almest preclude the development of those properties. Mr. Sceales said this was the reason it was being changed. If a structure presently has no off-street parking space, parking facilities would not be required under a new use. Roll call vote on follows: Councilman Bleecker's motion carried as Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Bakersfield, California, February 14, 1972 - Page 9 Upon a motion by Councilman Whittemore, Ordinance No. 1991 New Series of the Council of the City of Bakersfield amending Section 14.40.040 of Chapter 14.40 of the Municipal Code relating to the sale of Safe and Sane Fireworks within the City, 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 amending Section 4.04.070 of Chapter 4.04 of the Municipal Code, altering the boundaries of the Seventh Ward to reflect all annexations of territory to the City to the date of this Ordinance. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 4.04.070 of Chapter 4.04 of the Municipal Code, altering the boundaries of the Seventh Ward to reflect all annexations of territory to the City to the date of this Ordinance, which would include the territory of Airpark No. 1 Annexation. Adoption of Resolution of Intention No. 872 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of frontage road along Mr. Vernon Avenue, City of Bakersfield. Upon a motion by Councilman Rees, Resolution of Intention No. 872 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of the frontage road along Mr. Vernon Avenue, City of Bakersfield, and setting March 6, 1972 for hearing on the matter before the Council, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: None Bakersfield, California, February 14, 1972 - Page 10 83 Claim for damages from Juan Carbajal referred to the City Attorney. Upon a motion by Councilman Rucker, claim for damages from Juan Carbajal was referred to the City Attorney. Council rescinds its former action in adopting Ordinance No. 1990 New Series amending Section 17.56.010 of Chapter 17.56 of the Municipal Code providing for Automobile Off-Street Parking requirements. Councilman Bleecker remarked that he had noticed on the Board of Zoning Adjustment agenda that the Bakersfield Elks Club had made an application for a modification of zoning to permit a reduction in the required off-street parking, and asked if the ordinance just passed by the Council providing for Automobile Off- Street Parking requirements would affect this application. Mr. Sceales replied that if this ordinance were in effect when the apartments were completed, they would not need a modifi- cation of the zoning. Councilman Bleecker stated that when the apartments are constructed, it will ruin the parking mall in that area. Mr. Sceales explained that if the building was remodeled at the present time, this use would require 150 off-street parking spaces under the existing ordinance. The use they are proposing would require 40 or 50 cars less than formerly required. City Attorney Hoagland stated that when this ordinance just adopted becomes effective, no off-street parking would be required at this location. Councilman Bleecker then moved that the Council rescind the ordinance which it had previously adopted. Stating that he would like to give the ordinance further consideration, Councilman Heisey seconded the motion. Roll call vote taken to rescind Ordinance No. 1990 New Series of the Council of the City of Bakers-. field amending Section 17.56.010 of Chapter 17.56 of the Municipal Code providing for Automobile Off-Street Parking Requirements, Bakersfield, California, February 14, 1972 - Page 11 Ayes: Noes: None Absent: None carried as follows: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Rescinded Ordinance ordered returned to agenda of meeting of February 28, 1972. It was moved by Councilman Thomas, that rescinded ordinance of the Council of the City of Bakersfield providing for Automobile Off-Street Parking Requirements be returned to the agenda of meeting of February 28, 1972 for further evaluation. Councilman Rees asked if this ordinance has been proposed for a special purpose, or had the Council adopted something very general. Councilman Heisey responded that he had the distinct impression this ordinance was designed to take care of the Elks Club building. Councilman Whittemore stated he had the same feeling. Mr. Bergen suggested that the Council refer the ordinance to the Business Development and Parking Committee for evaluation in committee. Councilman Whittemore commented that it had already been evaluated by the Planning Commission, which is the recommending body to the City Council. Further consideration will permit each and every Councilman to know why this ordinance was proposed. Councilman Thomas's motion to return the ordinance to the agenda of February 28, 1972 meeting, carried by the following roll call 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 Medders, the m~ting was adjourned at MAYOR~n~ ei~yof Bakersfield, Calif. ATTEST: of the City of Bakersfield, California Bakersfield, California, February 28, 1972 Minutes of the regular meeting of the Council of the City of Bakersfield, California, the City Hall at eight o'clock P. The meeting was called held in the Council Chambers of M., February 28, 1972. to order by Mayor Hart followed by the Pledge of Allegiance and Invocation Toler of the First Christian Church. Present: by the Reverend Tom The City Clerk called the roll as follows: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Absent: None Minutes of the regular meeting of approved as presented. Correspondence. A communication was received from Richard February 14, 1972 were C. Bailey, General Chairman of the Museum Heritage Days Committee, requesting the City Council to issue a Proclamation recognizing the Fifth Annual Museum Heritage Days Celebration which will be held on April 15 and 16, 1972. Commenting that it would seem appropriate to him for the City to lend its support to this worthwhile cele- bration, Councilman Rees moved that the Mayor be instructed to prepare an appropriate proclamation designating April 15 and 16, 1972,as "Museum Heritage Days." Councilman Heisey agreed that this event will be of great interest to the community and he encouraged the public to take advantage of this opportunity to become more familiar with the displays available at the County Museum. He pointed out that Mr. Bailey, Director of the Kern County Museum and Chairman of the Museum Heritage Days Committee was present in the audience and perhaps he would like to address the Council. Mr. Bailey stated that this request was being made because he feels that most of the citizens of Greater Bakersfield are very definitely concerned with this celebration. Councilman Heisey seconded Councilman Rees' motion which carried unanimously. Bakersfield, California, February 28, 1972 - Page 2 A communication was received from the Greater Bakersfield Separation of Grade District inviting representatives of public agencies to attend the next regular meeting of the Commission of the Greater Bakersfield Separation of Grade District being held March 8, 1972 at 8:00 P.M. Councilman Rees remarked that he feels the Council will be well represented as Director of Public Works Bill Jing is generally in attendance and he understands that Councilman Heisey intends to be present at this meeting. Upon a motion by Councilman Rees, communication from Dr. Phyllis Dabbs thanking the Council and expressing her apprecia- tion for the construction and completion of the bikeway on Auburn Street, was received and ordered placed on file. Council Statements. Councilman Bleecker stated he was very pleased to mention an achievement of tennis star Dennis Ralston, a native of Bakers- field who has traveled throughout the world and wherever he went he has had good things to say about Bakersfield and has put this City's name on more maps than any other single athlete Bakersfield has ever produced. This young man grew up playing tennis in Jastro Park in the Fourth Ward and that is where Councilman Bleecker first met him. Mr. Ralston and his partner were the youngest players to ever win the doubles championship at Wimbledon, England. Mr. Ralston has been accorded the singular honor of being named coach and captain of the U.S. Davis Cup Team. No other individual has ever been accorded this prestigious honor. then moved that Mayor Hart draft a letter, all members of the Council, commending Mr. Councilman Bleecker for the signatures of Dennis Ralston for his fine achievement and also in Bakersfield in the forefront carried unanimously. Mayor Hart stated that he has been recognition of his efforts to keep of the world of sports. This motion in contact with the office of Congressman Bob Mathias who has advised him that the General Accounting Office audit of the Kern County Economic Corpora- tion should be finalized about the middle of March and will be available to the Council at that time. Bakersfield, California, February 28, 1972 - Page 3 Mayor Hart Rucker with a Service Award Certificate on completion of presented First Ward Councilman Samuel Del ten years in office as a City Councilman. Consent Calendar. The following items were listed on the Consent (a) (b) (c) (d) (e) Allowance of Claims Nos. 2523 to 2718, inclusive, in amount of $115,843.35. Drainage Sump Easement, Temporary Sewer Easement, Temporary Turnaround Easement and Actis Road Right of Way Deeds from Elmer F. Karpe, Inc. for Tract No. 3562-A located at Planz and Stine Roads. Street Right of Way Deed from H. E. Aaron for Columbus Street and the alley east of Columbus Street and north of Christmas Tree Lane. Grant Deed from Panama Union School District for additional right of way for Kleinpell Avenue next to Van Horn School. Planter Box Easements.from Stockdale Development Corporation for Tract No. 3494 located at the southwest corner of Wilson Road and New Stine Road intersection. Application for an Encroachment Permit from Arthur Thompson. (f) Upon a motion by Councilman Medders, Items (a), (b), (d), (e) and (f) of the Consent Calendar were adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Ayes: Noes: None Action on Bids. Absent: None Calendar: (c) , Upon a motion by Councilman Rucker, bid of Witco Chemical for Annual Contract Road Oil and Emulsions was accepted, all other bids were rejected and the Mayor was authorized to execute the contract. was authorized to execute the contract. Freeway was accepted, all other bids were rejected, and the Mayor Upon a motion by Councilman Bleecker, low bid of Monatley, Inc. for Phase One, Relocation of Sewer Mains for State Route 58 Bakersfield~ California, February 28, 1972 - Page 4 Deferred Action. Upon a motion by Councilman Heisey, action on Report of Budget Review and Finance Committee regarding the financing of a New Police Building was deferred for two weeks. Upon a motion by Councilman Rees, Ordinance No. 1992 New Series of the Council of the City of Bakersfield amending Sections 3.18.060 (Salary Schedule), 3.18.140 (Overtime), 3.18.150 (Overtime Compensation) and 3.18.220 (Leaves of Absence) of the Municipal Code of the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Upon a motion by Councilman Bleecker, proposed Ordinance amending Section 17.56.010 of Chapter 17.56 of the Municipal Code providing for Automobile Off-Street Parking requirements was referred to the Business Development and Parking Committee for study and recommendation. Upon a motion by Councilman Thomas, Ordinance No. 1994 New Series of the Council of the City of Bakersfield amending Section 4.04.070 of Chapter 4.04 of the Municipal Code, altering the boundaries of the Seventh Ward to reflect all annexations of territory to the City to the date of this ordinance, was adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Ayes: Noes: Absent: None None First reading of an Ordinance of the Council of the City of Bakersfield amending the Municipal Code by amend- ing Sections 11.04.752 (Speed Limit on Panorama Drive) and 11.04.764 (Speed Limit on Columbus Avenue). First reading was considered given an Ordinance of the Council of the City of Bakersfield amending the Municipal Code by amending Sections 11.04.752 (Speed Limit on Panorama Drive and 11.04.764 (Speed Limit on Columbus Avenue). Bakersfield, California, February 28, 1972 - Page 5 Request from Stockdale Development Corporation for abandonment of "L" Street between 38th Street and West Columbus Avenue referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Bleecker, request from Stock- dale Development Corporation for abandonment of "L" Street between 38th Street and West Columbus Avenue was referred to the Planning Commission for study and recommendation. Claim for damages from William T. Wright referred to the City Attorney. Upon a motion by Councilman Rucker, claim for damages from William T. Wright was referred to the City Attorney. Adoption of Drainage Plan for a por- tion of Sections 11 and 14, T. 30 S., R. 27 E. Upon a motion by Councilman Whittemore, Drainage Plan for a portion of Sections 11 and 14, Township 30 South, Range 27 East, was adopted. Approval of Map of Tract No. 3548 and Mayor authorized to execute Contract and Specifications for improvements therein. Upon a motion by Councilman Rees, seconded by Councilman be, and the is hereby approved: that all the easements shown upon said therein offered for dedication be, and the same are hereby Heisey, it is ordered that the Map of Tract No. 3548 same Map, accepted tion. for the purpose for which the same are offered for dedica.- Pursuant to the provisions of Section 11587 of the Business and Professions Code, requirements of the following: NAME William A. Howell, Jr. Chanslor-Western Oil and Development Company City of Bakersfield California Water Service Company, a Corporation the City Council hereby waives the NATURE OF INTEREST Mineral Rights below 500 feet Mineral Rights below 500 feet Easement Holder by instrument recorded March 8, 1968, in Book 4139, Page 696, O. R. Easement Holder by instrument recorded May 10, 1968, in Book 4160, Page 397, O. R. 9O Bakersfield, California, February 28, 1972 - Page 6 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 Conlract and Specifications covering improvements in said Tract. Hearings. This is the time set for public hearing before the City Council on application by Bakersfield Central Seventh Day Adventist Church 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, and to an R-3 (Limited Multiple Family Dwelling), or more restrictive, Zone, affecting that certain property commonly known as 4201 Wilson Road. This hearing has been duly advertised and posted and notices sent to all property owners as prescribed by Ordinance. An existing church is located to the front of this property and the back portion is proposed to be sold for an apartment develop- ment. The proposed church zone is in conformance with the Metro- politan Area General Plan. The Planning Commission, however, would recommend disapproval of the R-3 zoning for the following reasons: 1. Area is completely surrounded by R-1. 2. By allowing R-3 development lo start in the center of a residential neighborhood, the entire area would logically open up for multiple zoning. Local streets are not designed to carry such a heavy genera- tion of traffic. 3. R-3 zoning should be provided at the edges of lhe neighborhood adjacent to major or secondary highways to allow better access and circulation for this greater density use. Mayor Hart declared the hearing open for public partici- patton. Mr. Fred Porterfield, 4012 Hahn Avenue, Mrs. Martha Chapman, 2912 Hallisey Street and Mr. Leroy Snell of 2809 Akers Road, expressed opposition to the R-3 zoning of this parcel for the construction of apartments, stating that this would not be compatible with the existing R-1 neighborhood, would result in increased heavy traffic, overcrowding of the schools and inadequate off-street parking for multiple apartments. 91 Bakersfield, California, February 28, 1972 - Page 7 Mr. Dave Berg, Chairman of the Building Committee of the church, stated that they were forced to purchase a much larger parcel of property than they needed, and are offering the surplus land for sale for apartment purposes. They have no intentions of downgrading the neighborhood and felt it would be advantageous to return the property to the tax rolls. No further protests or objections being received, and no one else speaking in favor or the rezoning, the public hearing was closed for Council deliberation and action. Councilman Whittemore stated he attended the Planning Commission meeting when this matter was discussed; he sympathizes with the church, but he must agree that the center of a residential neighborhood is not the place to start development of an apartment complex. He then moved that Ordinance No. 1966 New Series amending Title 17 of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakers.- field commonly known as 4201 Wilson Road be adopted, and that the R-3 zoning of this parcel be denied. Councilman Heisey commented that the City has a very fine Planning Commission, it has thoroughly studied this application and he feels its decision should be upheld. He expressed his support for Councilman Whittemore's motion. Councilman Thomas stated he would like to go on record as commending the Planning Commission for its recommendations on this rezoning and he hopes that those people who attended the hearing and were not residents of the City would give consideration to annexing to the City. He seconded Councilman Whittemore's motion which carried by the following roll call vote: Ayes: Noes: Absent: Councilmen Bleecker, Heisey, Medders, Thomas, Whittemore None Rees, Rucker, None Bakersfield, California, February 28, 1972 - Page 8 This is the time set for public hearing before the City Council to consider the adoption of an Ordinance amending and revising Title 13 of the Municipal Code pertaining to Buildings and Construction. This hearing has been duly advertised and 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 and no one speaking in favor, the Mayor declared the public hearing closed for Council deliberation and action. Councilman Heisey remarked that he had not heard any adverse comments from the Building Exchange or any other group and he moved for adoption of Ordinance No. 1993 New Series of the Council of the City of Bakersfield amending Title 13, including Chapter 13.01, 13.04, 13.16, 13.30, 13.60, 13.64 and 13.66 and repealing Chapters 13.80 and 13.90 of said Title of the Municipal Code, concerning Building and Construction Regulations and Standards; adopting by Reference the Uniform Building Code, (1970 Edition, Volumes I, II, III, IV and V), and the Uniform Plumbing Code (1970 Edition). This motion carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Councilman Heisey asked Mr. Olsson, Building Director, if the local plumbing contractors had been given the opportunity to read the proposed ordinance. the wording of the ordinance was contractors. Mr. Olsson stated that actually recommended by the plumbing Upon a motion by Councilman Thomas, Resolution No. 5-72 of the Council of the City of Bakersfield finding that amendments to Building and Plumbing Code Construction Regulations are necessary 93 Bakersfield, California, February 28, 1972 - Page 9 because of Health and Ayes: Noes: Absent: Council, adjourned at 8:35 local conditions pursuant to Section 17958.5 of the Safety Code, was adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas~ Whittemore None None Adjournment. There being no further business to come before the upon a motion by Councilman Bleecker, the meeting was MAYOR ity of Bakersfield, ATTEST: CLgRI{ and Ex~O~'icio Clerk of the Council of the City of Bakersfield, California Calif. 94 Bakersfield, California, March 6, 1972 Minutes of the regular meeting of lhe Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., March 6, ~1972. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Ruth Lusk of the First Congregational Church. 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 February 28, 1972 were approved as presented. Scheduled Public Statements. Mrs. Humphrey Owen speaking for the Winner's Circle, addressed the Council, stating that like many other groups in the City, they are concerned with the drug problem in Bakersfield. She requested support from the Council in the form of a Resolution of Moral Support endorsing the endeavor of the Winner's Circle group in fighting the drug problem in Bakersfield. Mr. Tom Hancock stated that he was the volunteer Public Relations Director of the Winner's Circle, and he has done con- siderable research and investigation of the drug problem in the community. There are very few professionals in the field who will not openly admit and support the fact that ex-addicts are more effective in saving addicts than professionals. This group is contemplating an "Anti Drug Fair" which will be held on March 24, 25 and 26, 1972. They are planning to hold anti-drug poster contests for student participation with prizes to be donated by the businessmen of the City. Also featured at this fair will be an auction of items donated by nationally known celebrities. Mr. Tom Carey, Director of the Winner's Circle, stated this is not a fund raising project, its an offensive against drugs. He stated that there is a need for a building and that he intends to seek the support of the Board of Supervisors for use of the fairgrounds for the Anti-Drug Fair. 95 Bakersfield, California, March 6, 1972 - Page 2 Councilman Rees commented that he believes any group which is fighting narcotics is to be commended, he would personally be in favor of wishing the group well, but he does not feel that the Council should take any particular action for or against the drug fair. Councilman Bleecker stated that the proposal is particu- larly laudatory, he hopes that this group will raise money for their fight against the drug problem. He sees no reason why the Council should not support the concept and the idea of the so-called "Drug Fair" and moved adopted of the requested Resolution. Councilman Thomas stated he concurred with this 100% and seconded the motion. Councilman Whittemore commented that he has heard a great deal about the Winner's Circle, he understands it is a very fine organization and he wished to add his support to the proposed Drug Fair. Vote taken on the motion carried, with Councilman Rees voting in the negative. Council Statements. Councilman Whittemore stated he received a call relative to a report in a local newspaper, asking if the atomic energy plant proposed to be constructed on the City's sewer farm will be a safe operation. He was not aware that the City was negotiating for an atomic energy plant and he asked the City Manager for an explanation. Councilman Heisey replied to the question stating that the negotiations are being conducted primarily in the realm of a fossil fuel burning facility. The atomic plant proposed is being considered for construction in the Frazier Valley area north of Porterville. He stated that he appreciates the news media coverage of this matter as it is important that the electorate be informed to support the proposed bond issue for the Greater Bakersfield Improvement District for submission to the voters at a special election to be held in September. Mr. Tom Stetson, the City's Water Consultant, is discussing the matter with the Southern California Edison Company. Councilman Whittemore asked if the negotiating was being done by the Water and City Growth Committee. ,96 Bakersfield, California, March 6, 1972 Page 3 City Manager Bergen stated he wanted to make it clear that his office is not involved, that Mr. Stetson has not been commissioned as a representative of the City to enter into any agreement for a fossil plant on the City's sewer farm and no official overtures have been made to the City concerning this type of plant. Councilman Heisey commented that there won't be anything official until it is either adopted or rejected, but the negotia- tions are going on~ he discussed this proposal with Mr. Stetson on Friday. Councilman Whittemore stated that if the Water and City Growth Committee was considering entering into some type of nego- tiations on a matter of this importance, as a member of the Committee he would certainly appreciate being notified. He asked why the election will be held in September, stating that he believes the Council should request the Water Agency to consolidate this specia]L water bond election with the November election in order to save the taxpayers this additional expense. Mr. Bergen explained that there was some discussion relative to placing the bond issue on the June ballot, but the agricultural interests that are a part of this improvement district were unable to complete the paper work in time to consolidate with the June primary. City Attorney Hoagland stated that the Kern County Water Agency does not wish this measure to appear on a ballot at either the June or November elections which will also include a number of local and State bond propositions. This is a very important water bond election and should be considered on its own merits. Councilman Rees stated that as a member of the Water and City Growth Committee he, too~ would like to be kept informed of any negotiations the City is involved in relative to this proposed fossil plant. Councilman Heisey stated that he disliked having this important water issue clouded with obtuse remarks. If the Los Angeles Department of Water and Power establishes an atomic power plant north of Porterville, it would mean a significant reduction in the cost of the cross valley canal to local taxpayers. At the present time this proposal is only at the conversational stage, 97 Bakersfield, California, March 6, 1972 - Page 4 but it is Mr. Stetson's business to keep discussing these matters and he will keep the other members of the Committee and the Council informed. Councilman Bleecker commented that the full Council Com- mittee should know about what is transpiring on an important issue of this nature. Since he is not on the Committee, as a member of the Council he asked Councilman Heisey to keep him informed. Mr. Hoagland stated that the Southern California Edison Company has engaged the services of Mr. Stetson to survey a large land area in Kern County to determine a suitable site for a projected power plant. During discussion, Mr. Stetson recommended to fhe Company that it might take a look at the municipal farm for this purpose. As far as Mr. Hoagland knows, that is the extent of if, no overtures have been made by the Southern California Edison Company to the City, and if there are any, the Council will be the first to know about it. That is the background of the matter and he doesn't know what the status of it is at the present time. Councilman Whittemore commented that as long as the Council is kept advised of developments, he sees no problem. Councilman Whittemore appointed Mrs. Betty Pinckard of 1517 Emery Street to replace Mr. Jay C. Hale on the Bakersfield Citizens Advisory Committee for the Kern County Council of Govern- ments. Mr. Hale is moving from the City and was forced to resign from this Committee. Councilman Whittemore asked that a letter of commendation be sent Mr. Hale for his excellent work on this Committee. Councilman Rees remarked that in driving past International Square Park in East Bakersfield, he noticed that the Superintendent of the Southern Pacific Railway Company had kept his promise to repaint the old Southern Pacific Railroad Station, which has certainly made an improvement in the area. Councilman Rees stated that the Finance Director has addressed a communication to businessmen in the City inviting them to, furnish the City with a list of the names and addresses of all out of town suppliers with whom they are doing business to assist the City in collecting Business License fees from all out of town firms doing business in the City. He asked the City Attorney to Bakersfield, California, March 6, 1972 - Page 5 define what type of firm should or should not pay a Business License to the City. City Attorney Hoagland stated that there have been many court cases on this and many examples and variations, each one of which would have to be taken on an individual basis. Primarily, it is based on where the company is doing business. Councilman Heisey stated this is an issue which all cities seem to be struggling with, he has been contacted by the City of San Luis Obispo to pay a Business License fee on material he delivered to a local Bakersfield contractor who is building some apartment houses in that.area. He stated he is refusing to pay these fees as the transaction actually took place in this City. He feels that Mr. Hoagland is correct when he states that each one must be decided on its own merits. Reports. City Manager Bergen stated that he has received a letter from the Kern County Water Agency advising that it is in the process of forming an advisory committee for the operation of the Urban Improvement District No. 4 which will bring supplemental water into Metropolitan Bakersfield. He suggested that the Council formally appoint Councilman Heisey, Chairman of the Water and City Growth Committee, so that he can represent the City in any dis- cussions which may occur. Councilman Rucker made a motion that Councilman Heisey be appointed to act in this capacity. Councilman Bleecker raised the question as to whether or not this Committee was properly constituted for the purposes of representing the citizens of Bakersfield, stating that he feels until such time as the City of Bakersfield will be sufficiently represented, the Council should refrain from appointing anyone to this Committee. Mr. Bergen stated his recommendation was based on the fact that the Agency is in the process of forming this Committee. It would add weight if the Council's representative is in attendance and able to speak with authority relative to the City receiving proper representation. 99 Bakersfield, California, March 6, 1972 - Page 6 Mr. Hoagland explained that at the present time the Agency is negotiating contracts with the agricultural districts to participate in the cross valley canal, they are not part of the improvement district. It has been suggested by the agricultural districts that they include in the contracts the composition of this committee and he feels that it would be incumbent on the representatives from the'City to vigorously protest the inclusion of any composition of an Advisory Committee which does not meet with the favor of the improvement district entities. He has written to the Agency that this Committee should not be established until after a conference with the various entities involved. Vote taken on Councilman Rucker's motion carried unanimously. Councilman Heisey then moved that either the City Manager or the City Attorney serve as an alternate representative on this Committee. This motion carried unanimously. Consent Calendar. The following items were listed on the Consent Calendar. (a)Allowance of Claims Nos. 2119 to 2800, inclusive, in amount of $436,681.56. (c) Application for Encroachment Permit from Timothy E. Bayly. Upon a motion by Councilman Medders, Items (a) and (c) of the Consent Calendar (Item (b) being deleted), were adopted by the following roll call 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 Dicco, Inc. for the improvement of New Stine Road between Sundale Avenue and Ming Avenue and improvement of Ming Avenue between New Stine Road and Stine Road was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. iO0 Bakersfield, California, March 6, 1972 - Page 7 Deferred Business. Upon a motion by Councilman Rees, Ordinance No. 1996 New Series of the Council of the City of Bakersfield amending the Municipal Code by amending Sections 11.04.752 (Speed Limit on Panorama Drive) and 11.04.764 (Speed Limit on Columbus Avenue) was adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Ayes: Noes: None Absent: None Adoption of Resolution No. 6-72 of the City Council of the City of Bakersfield amending Resolution No. 54-71 relative to 235 and 236 Housing. It was moved by Councilman Whirremote, that Resolution No. 6-72 of the City Council of the City of Bakersfield amending Resolution No. 54-71 relative to 235 and 236 Housing, be adopted. Mr. Hoagland stated that there was some ambiguity in the last resolution which requested that public hearings be held to determine the impact on the community whenever HUD authorizes a 235 or 236 project. This is simply a request of HUD from the Council asking that HUD hold a hearing in order to determine the impact prior to the granting of an application. Assuming that a piece of property is zoned correctly and no modification of any sort is requested by the applicant, the City would not be holding a hearing on a 235 or 236 project, that is why the City is requesting HUD to hold the hearing. Councilman Medders stated he can't see why the City is adopting a resolution or entering into it. HUD makes the decision on a project of this nature and the City doesn't have a thing to do with it. Mr. Hoagland remarked that he thinks Mr. Medders has stated the proposition very aptly. Councilman Bleecker commented that he feels the adoption of the revised wording is important even though the City would not be holding hearings. It would be a request of a Federal Government Agency by the elected representatives of this City, to hold a hearing to make absolutely sure that the project is worthwhile and acceptable to the people of the City of Bakersfield. He believes the issue is important and he intends to vote for it. BakersfieId, Cal±fornia, March $, 197~ - Page 8 Councilman Thomas stated that he and Councilman Rucker were the only two dissenting votes on the original resolution and he is still opposed to Federal agencies, or any other agency, slowing down the possibility of a family in the southeast area having a new home built under a 235 or 236 project. He feels the resolution is an exercise in futility and should just be forgotten, as the City cannot do anything about it. Motion to adopt the Resolution carried by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Bleecker, Heisey, Councilmen Rucker, Thomas Rees, Whittemore None Councilman Medders Approval of Contract with Bakersfield Swim Club for the Concession Stand in Jefferson Park. Upon a motion by Councilman Rees, contract with the Bakersfield Swim Club for operation of a concession stand in Jefferson Park on May 7, July 8, 9, 15 and 20, 1972 was approved, and the Mayor was authorized to execute same. Adoption of Resolution No. 7-72 of the Council of the City of Bakers- field charging Building Department with the responsibility of maintain- ing building plans for life of building and prescribing fees which Department is authorized to charge for such service. Upon a motion by Councilman Bleecker, Resolution No. 7-72 of the Council of the City of Bakersfield charging the Building Department with the responsibility of maintaining building plans for the life of building and prescribing fees which the Department is authorized to charge for such service, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: None 102 Bakersfield, California, March 6, 1972 - Page 9 Adoption of Resolution No. 8-72 of the Council of the City of Bakers- field requesting exemption from requirement of collection of fee to provide instrumentation for information useful in improving design of Earth- quake-Resistant structures. Upon of the Council requirement of a motion by Councilman Bleecker, Resolution No. 8-72 of the City of Bakersfield requesting exemption from collection of fee to provide instrumentation for information useful in improving design of Earthquake-Resistant structures, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: None Reception of City Clerk's Certificate of Sufficienty of Petitions of Nomi- nation of Candidates for the Office of Mayor of the City of Bakersfield. Upon a motion by Councilman Rucker, the City Clerk's Certificate of Sufficiency of Petitions of Nomination for the following candidates for the Office of Mayor of the City of Bakers-- field, was received and ordered placed on file: NAME OFFICE TERM OF OFFICE Donald M. Hart Mayor Full Term James B. French Mayor Full Term Donna Handy Mayor Full Term Scott N. Hanson Mayor Full Term Development of certain park sites proposed in the City's Five Year Capital Improvement Program for Parks referred to the Council's Auditorium-Recreation Committee for evaluation and recommendation. After reviewing the City's Five Year Capital Improvement Program for parks, representatives from HUD have invited applica- tions from the City for three projects that they feel could qualify, for Federal Funds in the amount of 50% of the total cost of con- struction. These projects are: Development of the PG&E easement north of Pacheco and east of South "H" Street. Total cost $13,000. 2. Development of the park site at White Lane & Grissom Street. Total cost $138,000. 3. Construction of a swimming pool at Lowell Park. Total cost $94,000. Bakersfield, California, March 6, 1972 - Page 10 103 The first two projects have been approved by the Citizens Auditorium-Recreation Committee; however, the third project is still being evaluated. It is recommended that the City proceed with the applications for the first two projects. Councilman Bleecker commented that since the Council has not approved any one of these three projects, he feels.it is pre- mature to go on record requesting Federal grants to pay for 50% of these projects. Councilman Rees stated that it has been pointed out that HUD is not committing itself at this time and the City is not com- mitting itself at this time to any final action. The City at the very earliest would be asked to sign a contract in the next fiscal year. The first two projects are part of the Five Year Capital Improvement Program which has been developed by the staff and is known to the Council. He cannot see where the Council is running any risk whatsoever by placing these projects on HUD's priority list and retaining the option to act however the Council desires when the time comes to sign a Federal contract. Councilman Heisey stated that he feels it would be appropriate to refer this matter to the Council Auditorium-Recreation Committee for evaluation and recommendation back to the Council at a later date. He then moved that this matter be referred to the Council Auditorium-Recreation Committee for study and recommendation. Councilman Medders stated that he attended the Citizens Auditorium-Recreation Committee meeting when this matter was:dis- cussed, and it was his understanding and the understanding of the Committee that its recommendation was going to be referred to the Council Committee for study. Councilman Whittemore stated he would support the motion to refer this matter to the Auditorium-Recreation Committee as the 104 Bakersfield, California, March 6, 1972 - Page 11 second project is a very costly development and he does not know whether the City has the matching funds to accomplish this project. However, east came the development done of South "H" Street on the Council, and on it. of the PG&E easement north of Pacheco and has been under consideration since he first he, personally, would like to see something Councilman Bleecker remarked that when applications for Federal funds are involved, any recommendation made by a Citizens Advisory Committee should be routinely referred to a Council Com- mittee for evaluation prior to being submitted to the Council for final action. Roll call vote taken on Councilman Heisey's motion carried as follows: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Councilman Heisey commented that he has been called upon on many occasions to make public talks supporting the formation of the Improvement District for the Supplemental Water Program. Last Friday, before he made any comments at all regarding the two possible power plants being established in this area, he called Mr. Tom Stetson on the telephone and received his permission to discuss the negotiations with the press. Hearings. This is the time set for public hearing before the Council on application by Danny Reed to amend the zoning boundaries from a C-1 (Limited Commercial) Zone to a C-2 (Commercial) or more restrictive, Zone, affecting that certain property commonly known as 1424-1428 Richland Street and 18 South Chester Avenue. This hearing has been duly advertised and posted and notices sent to all property owners as prescribed by Ordinance. No written protests have been filed in the City Clerk's office. Bakersfield, California, March 6, 1972 - Page 12 105 The Planning Commission is of the opinion that this zone change would be compatible with the area and is in conformance with the Metropolitan Area General Plan. The Commission recommends approval of C-2 zoning with the "D" (Architectural Design) Overlay applied to protect the adjacent residential properties and traffic flow onto Chester Avenue and Richland Street, a freeway exit road. Mayor Hart declared the meeting open for public partici- pation. No protests or objections being received and no one speaking in favor, the public meeting was closed for Council deliberation and action. Upon a motion by Councilman Thomas, Ordinance No. 1997 New Series amending Title 17 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 at 18 South Chester Avenue and 1424 - 1428 Richland Street, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: None Councilman Thomas stated that prior to the Council meeting, he had discussed with Planning Director Sceales the Map of the Bakersfield Metropolitan General Plan and was informed that this Map needs updating. He asked the Planning Director and his staff to bring this Plan up to date, as the present map does not satisfy the several questions on zoning which occur to him from time to time. This is the time set for public hearing before the Council on application by the Stockdale Development Corporation to amend the zoning bou~dari~s,'~rom an R~t (Single Family Dwelling) Zone and an R-3 (Limited Multiple Family Dwelling) Zone to an~R-2 (Limited Multiple Family Dwelling) or more restrictive, Zone, affecting that certain .property located south of Ming Avenue and west of New Stine Road. 106 Bakersfield, California, March 6, 1972 - Page 13 This hearing has notices sent to all property owners as No written protests or objections have Clerk's office. been duly advertised and posted and prescribed by Ordinance. been filed in the City The'Planning Commission is of the opinion that R-2 zoning of subject parcel would not be in conflict with the general arrangement of land uses as depicted in the Bakersfield Metropolitan General Plan. Accordingly, the Commission recommends approval of the R-2 zoning with the addition of the "D" (Architectural Design) Overlay to insure a compatible development within this large area as well as adjacent properties. The Mayor declared the hearing open for public partici- pation. No protests or objections were received. Mr. Chuck Tolltee of the Stockdale Development Corporation, stated that they were applying for the rezoning to reduce the R-3 density which would cut down the number of dwelling units in the area. The Mayor declared the public hearing closed for Council deliberation and action. Upon a motion by Councilman Thomas, Ordinance No. 1998 New Series amending Title 17 of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located south of Ming Avenue and west of New Stine Road, 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 on Resolution of Intention No. 872 declaring the intention of the Council to order the vacation of frontage road along Vernon Avenue, City of Bakersfield. This hearing has been duly posted and no written protests have been filed in the City Clerk's office. This vacation was initiated by the Public Works Department and approved by the Planning Commission. Bakersfield, California, March 6, 1972 - Page 14 107 The Mayor declared the hearing open for public partici- pation. No protests or objections being received, upon a motion by Councilman Heisey, Resolution No. 9-72 ordering the vacation of frontage road along Mr. Vernon Avenue, City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: None Council, upon adjourned at 9:16 P. Adjournment. There being no further business to come before the a motion by Councilman Whittemore, the meeting was MAYO's'Of '~ ~/y O~f Lersfield, Calif. ATTEST: ~%~ ~L~R~-~and~-O~zo Clerk of the Council of the City of Bakersfield~ California 108 Bakersfield, California, March 13, 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., March 13, 1972. to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend George Woodgates of the All Saints Episcopal Church. The City Clerk called the roll as follows: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees, Present: Absent: Rucker, Thomas, Whittemore None Minutes of the regular meeting of March 6, 1972 were approved as presented. Council Statements. Councilman Heisey stated that Coach Paul Briggs has been selected as the "District 8 Coach in the Sport of Football" for the year 1971-72 by the National High School Athletic Coaches Association. He listed Coach Britts' outstanding achievements during his career and stated that he is now being considered for the award of "National Coach of the Year in Football" for the entire United States. He then made a motion that the City Council of the City of Bakersfield go on record as endorsing the selection of Coach Paul Briggs for the national award. Mayor Hart stated that he concurred completely with Councilman Heisey's suggestion and would draft a communication recommending that Coach Paul Britts be selected for this award. Vote taken on the motion carried unanimously. Councilman Heisey stated that he had been contacted by Mrs. Violet Rhodes of 11 Quincy Street, whose car was sideswiped by a City bus, a hit and run accident. She has been unable to make a settlement of her claim with the City and he asked the City Manager to check into the matter and inform him of the outcome. Bakersfield, California, March 13, 1972 - Page 2 109 Councilman Whirremote read a communication from the Leo G. Pauly PTA, which stated that the members of this organization are extremely concerned with several hazardous conditions near the school which are dangerous to the safety of the children. The following is a list of these hazards and their suggestions for correction: Two canals, one immediately east of the school property (paralleling Planz Road), and a larger, adjacent canal, paralleling Union Avenue, are open and unfenced. They would like both canals fenced. To the west of the school property is another canal which is fenced, but the ground under- neath the fence is eroded, especially at the gate which is on Planz Road. They would like to have a cement curbing under the fence, to insure that children cannot get into the canal. This same canal is not fenced where it opens on to Chester Avenue, south of Planz Road, and they would like this fenced. The following conditions under which the children must cross the intersection at Chester Avenue and Planz Road are a matter of great concern: a. The speed limit on Chester Avenue is 45 mph. b. There are no signs or street markings on Chester Avenue indicating a school crossing. The traffic light at the intersection of Chester Avenue and Planz Road does not allow time for small children to get com- pletely across the street on one "walk" light. They would like an increase in the "walk" light time to at least 1½ minutes, signs and street markings on Chester Avenue indicating a school crossing, and a speed limit of 25 mph. The area bordering Planz Road between the north- west boundary of the school property and the southeast corner of Chester Avenue and Planz Road does not have a sidewalk. The area is heavily planted with trees and ivy and often is wet from watering, therefore, the children must walk in the street. They request that a sidewalk be put in on that property. There is no stop light at the intersection of Planz Road and Union Avenue. They feel that a stop light is a must at this intersection. Councilman Whittemore commented that he is certain the City will do everything in its power to correct some of these hazards and asked the City Manager for a report by next Monday's meeting on what can be done. Mr. Bergen stated that a report will be made, some of the items might take longer than a week, but they will start on it immediately. 110 Bakersfield, California, March 13, 1972 - Page 3 Reports. Councilman Rees, Chairman of the Budget Review and Finance Committee, reported on a meeting that was held recently with the staff to discuss two items. The first one is the option agreement for the purchase of the property and building located at 1301 - 17th Street. On December 7, 1971, the Council entered into an option agreement to purchase the American Legion property located on the southwest corner of "L" and 17th Streets in conjunction with the proposed development by the Bank of America of the now vacant property on which the Tejon Hotel was formerly located. The City paid $300 for the option which expires at 5:00 P.M. on March 14, 1972. The purchase price was $100,000 which must be paid no later than July 5, 1972. As the Bank of America development is proceeding satis- factorily, this committee recommends that the option be exercised before the deadline and that a special revolving fund be established for the purpose of financing the purchase of this property on be- half of the Redevelopment Agency. Also, that the purchase price of $100,000 and all costs incidental to the purchase of the property be appropriated to the revolving fund effective July 1, 1972. All monies expended from the fund are to be repaid by the Redevelopment Agency after the sale of redevelopment bonds. The Civic Auditorium operation has a critical need for additional storage space for equipment that is used to service many diversified activities. Approximately 60% of this equipment is now being stored outside of the building, and the remainder of the equipment must be continually moved from one place to another to make room for the events. This condition requires additional man-hours that would not This committee the purchase of three of Building normally be required. recommends that $55,000 be offered for the four parcels of property and Transonto located adjacent to the Civic Auditorium between "P" and Bakersfield, California, March 13, 1972 - Page 4 "Q" Streets on the north side of 16th Street. The one parcel located on the northeast corner of "P" and 16th Streets is not included. This price is within the appraisal value of the property and buildings. If the purchase of this property can be accomplished for $55,000, this committee recommends that one-half of the amount be transferred from the Council Contingency Fund and the remainder be appropriated for payment July l, 1972. The purchase of this property and buildings will greatly assist in alleviating the storage problem for equipment at the Civic Auditorium. Councilman Rees moved adoption of the report. During discussion, Councilman Medders asked if the American Legion Building itself had any value. Mr. Hoagland stated the brick might be of some value, but otherwise the building was not worth anything. He stated that the property covers roughly about a quarter of a block and will be used as a parking structure in conjunction with the United California Bank and the Bank of America to be financed by tax-increment bonds for repayment by the redevelopment area. Councilman Medders asked what it would take to put the building at 16th and "Q" Street in satisfactory shape for storage of the Civic Auditorium equipment. Mr. Bergen replied that there would not be any appreciable expense other than to put in a door, they do not plan on spending any money on the building itself. Councilman Bleecker asked what the thinking was behind the Redevelopment Agency owning the building instead of the City. Mr. Hoagland stated the Redevelopment Agency would handle the development of the parking structure in conjunction with the con- struction of the ten story Bank of America Building, but the City would own it eventually. After additional discussion, vote taken on Councilman Rees' motion to adopt the report of the Budget Review and Finance Committee and authorize the Finance Director to make the necessary transfer of funds for the purchase of the two buildings, carried. Councilman Whittemore asked that the record show he abstained from voting, as being a member of the Board of Trustees Bakersfield, California, March 13, 1972 - Page 5 of the American Legion might be construed as a conflict of interest. Upon a motion by Councilman Bleecker, Mayor Hart was authorized to direct a letter to the American Legion stating that pursuant to Option Agreement Contract No. 92-71, the City of Bakersfield hereby exercises its option to purchase that property described in said Agreement. Councilman Whittemore asked that the record show he abstained from voting on this motion for the reason stated pre- viously. Councilman Whittemore, Chairman of the Governmental Efficiency and Personnel Committee, reported that this Committee has met several times to evaluate the City Fire Department. The City Police and Miscellaneous employees are under the State Public Employees' Retirement System (PERS). The Fire Department is covered by the City's own pension system. As a result of an actuary study made in October, 1971 to establish what the cost would be t'o change the Fire Department plan over to the State PERS program, the State has indicated thai the City could transfer its retirement assets into the State system, and the State could cover the Fire Department with the City Police Safety Employees program at a comparable cost to City. In order to gather more information concerning the exact cost to the City, the Governmental Efficiency and Personnel Com- mittee recommends that the Council adopt a Resolution of Intention to amend the City's contract with lhe PERS to include Firemen with the Police under the "one-half pay at 55 years of age" safety plan. This action will in no way obligate the City at this time to contract with the State. If the final results of this study are that the City would benefit by including the Fire Department in PERS, the Council will be requested to adopt an ordinance to that effect. Councilman Whirremote moved that the Report be received and Resolution No. 11-72 of Intention to approve an Amendment to Contract between the Board of Administration of the State PERS and Bakersfield, California, March 13, 1972 - Page 6 the City Council motion carried by the following vote': Councilmen Bleecker, Heisey, Medders, Thomas, Whittemore Ayes: Noes: None Absent: None Noes: Absent: of the City of Bakersfield, be adopted. This Rees~ Rucker, Consent Calendar. The following items were listed on (a) Allowance of Claims Nos. 2801 to 2864, inclusive, in amount of $30,071.99. (b) Plans and Specifications for Sanitary Sewer Construction in Madison Street Extension between Planz Road and Watts Drive. (c) Plans and Specifications for the Improve- ment of Wible Road between Ming Avenue and Wilson Road. (d) Grant of Easement from E. A. Bender and Beth Bender. 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, Whirremote None None Action on Bids. Upon a motion by Councilman Heisey, the Consent Calendar: of Budget Review and Finance Committee regarding the financing of a New Police Building. Councilman Rees stated that the Council unanimously went on record a month ago as recognizing the need for a new Police Department Building. He asked how long it would be necessary to Deferred Business. This was the time set for further consideration of reporl low bid of Griffith Company for the improvement of Columbus Street between Mt. Vernon Avenue and Auburn Street and paving Median Islands in Panorama Drive between Wenatchee Avenue and Crescent Drive, was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. 114 Bakersfield, California, March 13, 1972 - Page 7 emphasize the fact that there is a need for a new Police Building before the Council gets to the question of how to finance it, which is before this body tonight. About two years ago, a fourteen member Citizens Committee was appointed by the Council to study space needs of the City Hall and the Police Building. On May 20, 1970, that Citizens Committee filed its report with the Mayor. After the Council entered into a contract with an architect last year, the firm of Robert Stuhr and Associates, the Council Budget Review and Finance Committee under- took the task of exploring the various methods of financing the Police Building. In making this study the Committee met personally with Mr. Charles McPhee of the Firm of Wainwright and Ramsey, Financial Consultants. Mr. McPhee discussed three alternatives for financing the new Police Building. They were General Obliga- tion Bonds, tax-exempt lease financing using a non-profit corpora- tion, and.a similar method using a joint powers authority. Following the personal meeting, the Committee asked Mr. McPhee to prepare a written report evaluating the alternatives of financing the Police Building. He did this and copies of his report were made available to all members of the Council. The Committee then arranged another meeting with Mr. McPhee, inviting Mr. Ray Dezember, Chairman of the Citizens Committee, to attend. As a result of discussions with these two men, the Budget Review and Finance Committee decided to recommend the lease purchase alternatives, and on February 7, 1972 submitted a report to the Council requesting that the City's Financial Consultant, Mr. McPhee, be instructed to proceed with the necessary steps to explore alternatives for financing the construction of a new Police Building by means of a lease-purchase program. Since the Police Building is of such importance that he feels the Council should receive all the enlightenment it can, he asked Mr. Ray Dezember to comment to the Council on the findings of the Citizens Committee relative to the construction of a new Police Building. Bakersfield, California, March 13, 1972 - Page Mr. Ray Dezember stated it was a pleasure to attend this meeting to represent the members of the Citizens Committee who had all worked very diligently in the pursuit of their assignments to study the needs for a new Police facility. He is sure that the Council has agreed that the present 8500 square feet of usuable space in the building is sorely inadequate for the type facility needed for the proper execution of the Police Department's duties. The need for the building is apparent to everyone. The Finance Committee of the Citizens Committee was basically faced with the need to satisfy the problem of additional space and more adequate quarters for the Police facility. In the beginning of their search, they felt that the only way to go was General Obligation Bonds, being basically unfamiliar with municipal financing. However, upon investigation, they found that there had been some recent lack of success in the passage of General Obliga- tion Bond issues by citizens in the State of California and else- where. Therefore, they decided to direct their attention to additional methods of satisfying this need. The Committee concluded that the citizens should have their say about capital expenditures for which they would be obligated to pay, however, they felt the need was so acute and the success of General Obligation Bonds so uncertain in the State of California, that present pEoblems of this solution should be explored further. The Committee felt that the members o£ the Council and the Council's Finance Committee were adequately qualified to study all of the problems that are inherent in this type of a situation. In making an investigation, they came in contact with Mr. Charles McPhee, who is here tonight to talk in more detail about .the joint powers authority, or a lease purchase method o~ financing. The £irm represented by Mr. McPhee is the pioneer in this type of ~inancing. They are municipal financial advisors and consultants and have done. work ~or the City of Fresno and many other communities. This firm did the work for the Fresno Community and Convention Authority which was the £irst joint powers Bakersfield, California, March 13, 1972 - Page 9 authority to issue revenue bonds secured by lease payments from the general fund of the tenant city. The Committee feels that this is a workable plan, one that is proven, one that has been used in other parts of the State, and they think that this is the method the City should employ because this is the method that will reach the need, and will produce the building so sorely needed by the City Police Department. He stated that the fourteen members of the Citizens Committee and the five members of its Finance Committee~ agreed unanimously that this was the recommendation that should be made to the Council, and he therefore wishes to urge the Council to consider the recommendation of the Citizens Finance Committee and the Council's Budget Review and Finance Committee, that Mr. McPhee be empowered to proceed with a further study to present to the Council more up-to-date, accurate informa- tion. The Council will find that the cost of this type of financing is no greater than General Obligation Bonds and in some cases a little more favorably put together. They certainly do not want to infringe upon the Council's responsibility to make the important:, critical and very hard decision~ but the primary consideration should be the need for a PoIice Department building that has been outdated for approximately 20 years. Mr. Charles McPhee, Ramsey, addressed the Council, the subject very well. He is Vice-President of Wainwright and stating that Mr. Dezember has covered not here to comment particularly on which way the Council should go to finance this project. The report submitted to the Council covered General Obligation Bonds, and referred to alternatives such as the non-profit corporation, joint powers authority and there was also another option~ whereby the City's RedeVelopment Agency could act as the financing vehicle taking the place of the non-profit corporation or the joint powers authority. The procedures would in all cases be approximately the same. This will be covered in their subsequent report evaluating the comparison between these three types of secure finance. 117 Bakersfield, California, March 13, 1972 - Page 10 Councilman Rees asked Mr. McPhee if he had given particular attention to what would be involved if the City requested the Redevelopment Agency to act as the financing vehicle. Mr. McPhee stated the Redevelopment Agency has the power to finance the facility. The Agency would sell tax increment bonds which would be secured by lease payments from the City and would act in the same capacity as a nonprofit corporation or a joint powers authority, which would be selling its bonds secured by lease payments to be received from the City for the use of the Police facility. The bonds would be issued by the Redevelopment Agency. Councilman Medders stated he appreciated Mr. McPhee and Mr. Dezember appearing before the Council to explain the methods of financing the Police Building. However, he cannot agree that need justifies bypassing.the public to do something, nor does he think that the Council is necessarily representing the will of the people in this respect. He feels that they were elected to protect the citizens' right to exercise their option on anything of importance that comes before the Council, and if the Council presents its case well, the General Obligation Bond issue will be passed, and if it does not pass, it will still be the will of the people who elected them. Councilman Rees then moved that the Council direct the City's Financial Consultant, Mr. McPhee, to proceed with the necessary steps to explore alternatives for financing the construc-- tion of a new Police Building by means of a lease-purchase program, the alternatives being.a nonprofit corporation or a joint powers agreement. Councilman Bleecker asked Mr. Dezember if his Committee had given any consideration to the purchase of the Fedway Building on Chester Avenue for use as a Police Building. Mr. Dezember stated "none whatever." Councilman Bleecker stated he does not know whether the.building would be suitable, the square footage is there, but he would like to suggest that consideration be given to re- modeling the building to accommodate the Police Department as it would certainly save the City a considerable sum of money compared to what the proposed building would cost. 118 Bakersfield, California, March 13~ 1972 - Page 11 Councilman Bleecker went on to say that this Council is on record as approving the need for a new Police facility, there is a dire need for a new Police facility. However, he does not believe that the Council can assume beforehand, particularly in this community, that a General Obligation Bond election would fail. The people of this community are responsible and would probably approve the idea of a new Police Building and would be willing to pay for it, if they felt that it was put to them in the proper manner and the money was being well spent, if they were informed that there is a need. He stated that he cannot support the idea of bypassing the electorate on this particular issue and he will vote "no" on Councilman Rees' motion. Councilman Heisey asked if there was sufficient time to place this issue on the June ballot. Mr. Hoagland stated that a more realistic approach would be in November at the General Election as there are too many preliminaries which must be explored prior to putting it on the ballot. Councilman Heisey asked what those preliminaries were and Mr. Hoagland stated that it would be neces- sary to have financial studies to support the bond issue. In his opinion it is too short notice to assimilate all the information to incorporate this important bond issue on the June ballot. He would like to discuss this matter with special bond counsel and get an opinion before giving an answer to the Council. Councilman Heisey stated that he has expressed many reservations relative to bypassing the electorate and he did the same thing in the Budget Review and Finance Committee's meetings. He feels very strongly that the Police Building is needed, but he also feels that the people would support their Police Building and would do so if they were given the opportunity to vote on it. He would still like an answer to his question whether it can be placed[ on the June ballot. Councilman Whittemore stated that it is apparent that all the Council members are unanimous in expressing the need for the Police Building. The people elect the Council to make decisions Bakersfield, California, March 13, 1972 ' Page 12 119 Ayes: Noes: Absent: for them, the public does not question the decisions made every year when adopting the budget. The Council also knows that the construction costs are escalating approximately 1% per monfh and it will be doing an injustice to the taxpayers of the community if this matter is delayed any longer. It should have been decided when the Citizens report was submitted to the Council two years ago and would have saved the City a considerable amounf of money. The electorate expects the Council to save them money, the Council knows that it has to be done, the Police Department cannot function efficiently in the present building. He is therefore 100% in favor of the motion. Councilman Rucker stated that he thinks Councilman Whittemore has repeated his ideas, he feels that the Council has been elected to carry out the will of the people to represent them in matters of this kind. He wholeheartedly agrees with the idea, that the longer this matter is delayed, the more it will cost the taxpayers of the City, and he therefore supports the motion. Councilman Thomas stated he would like to go on record in support of Councilman Rees' motion. He has had a month to discuss this with his constituents and he has not received an opinion either way, the people are not concerned, they are leaving it up to the Council to make the decision. He therefore will support the motion. Roll call vote taken on Councilman Rees' motion carried as follows: Councilmen Heisey, Rees, Rucker, Thomas, Whittemore Councilmen Bleecker, Medders None First reading of an Ordinance of the Council of the City of Bakersfield amending Section 11.04.776 (Speed Limit on Wible Road) of the Municipal Code of the City of Bakersfield. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 11.04.776 (Speed Limit on Wible Road) of the Municipal Code of the City of Bakersfield. Bakersfield, California, March 13, 1972 Page 13 First reading of an Ordinance of the Council of the City of Bakersfield amending Section 11.04.775 (Speed Limit on Oak Street) of the Municipal Code of the City of Bakersfield. First reading was considered given to an Ordinance of the Council of the City of Bakersfield amending Section 11.04.775 (Speed Limit on Oak Street) of the Municipal Code of the City of Bakersfield. Adoption of Resolution No. 10-72 of the Council of the City of Bakers- field ascertaining and determining the prevailing rate of wages to be paid to certain crafts and types of workmen employed on Public Work in the City of Bakersfield. Upon a motion by Councilman Thomas, Resolution No. 10-72 of the Council of the City of Bakersfield ascertaining and deter- mining the prevailing rate of wages to be paid to certain crafts and types of workmen employed on Public Work in the City of Bakers.- field, was adopted by the following vote: Ayes: 'Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Adoption of Emergency Ordinance No. 1999 New Series of the Council of the City of Bakersfield adding Sec- tion 11.17.075 to Chapter 11.17 of~ the Municipal Code providing for Bicycle Parking Racks in the Parking Mall. After discussion, upon a motion by Councilman Thomas, Emergency Ordinance No. 1999 New Series of the Council of /he City of Bakersfield adding Section 11.17.075 to Chapter 11.17 of the Municipal Code providing for Bicycle Parking Racks in the Parking Mall, with the addition of a clause which would provide that the Traffic Authority shall have the right to remove such racks whenever Bakersfield, California, March 13, 1972 - Page 14 it is deemed they are not being given sufficient use, was adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Ayes: Noes: None Absent: None Approval of Map of Tract No. 3413 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. 3413 be and the same is hereby approved; that all easements and alley, shown upon said Map and same is hereby accepted Hasti Acres Drive and Summer Tree Lane therein offered for dedication be~ and the for the purpose or purposes for which the same is offered for dedication. Pursuant to the provisions of Section 11587 of the Business and Professions Code, the City Council hereby waives the requirements NAME Robert R. Buckley and Olive Joy Buckley Walter Weichelt, Freda Hanning, Martha Green and Elsie Weichelt upward City of Bakersfield of signatures of the following: NATURE OF INTEREST 5/8 of Mineral Rights below 500' surface as recorded May 8, 1963, in Book 3604, Page 692, O.R. 3/8 of Mineral Rights 500' below surface by Probate.No. 6813, recorded April 24, 1951 in Book 1800, Page 425, O.R. and by Quitclaim recorded May 8, 1963 in Book 3604, Page 690, O.R. Sewer Line Easement recorded February 27, 1969 in Book 4248, Page 739, O.R. 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 authori- zed to execute the Contract and Specifications covering the improve- ments in said Tract No..3413. Bakersfield, California, March 13~ 1972 - Page Approval of Plans and Special pro- visions for the installation and modification of traffic signals and street lighting systems at various locations. Upon a motion by Councilman Medders, plans and special provisions for the installation and modification of traffic signals and street lighting systems were approved at the following inter- sections: Ming Avenue @ Freeway 99 Off-Ramp (New Traffic Signal). 2. Ming Avenue @ South Real Road (New Traffic Signal). 3. Oak Street @ Palm Street (Traffic Signal Modi£ication). 4. Oak Street @ Chester Lane (Traffic Signal Modification). Encroachment Permit granted Robert R. Pelton, 1800 Bradley Avenue, sub- ject to chain link fence being placed five feet back of curb face. It was moved by Councilman Thomas, that an Encroachment Permit be granted to Robert R. Pelton to construct a four foot high chain link fence along the curb line at 1800 Bradley Avenue subjec~ to the following conditions. 1. Construct approximately 40 feet of sidewalk along the frontage of this property. 2. Fence be placed at the back edge of the recommended sidewalk. The fence should then encroach seven feet into the public: right of way. Mr. Pelton asked permission to address the Council, stating he objected to the requirement that he construct a side- walk in front of the fence. He has toured the tract in which his house is located and discovered 121 violations of the City Ordinance, which completely block the five foot area. He submitted a list of addresses and substantiated his statements with 50 photographs of the violations. He stated that he feels the ordinance should be enforced to inlcude everyone, instead of the City denying him the same privilege enjoyed by his neighbors. During discussion on the subject, Councilman Thomas pointed out that there was considerable traffic on Bradley Street and the Bakersfield, California, March 13, 1972 -Page 16 sidewalk would offer safe walking for pedestrians. Mayor Hart stated thai if the ordinance was not being enforced, the matter should be referred to the Public Works Department to peruse the pictures and read the report covering the 121 violations of the ordinance in this area. Councilman Thomas stated he would honor the Mayor's suggestion and withdraw his previous motion, and move that the matter be referred to the Public Works Department for further study. Mr. Pelton stated that he could not afford to construct the 40 feet of sidewalk along the front of his property. Council- man Thomas asked Mr. Pelton if he were granted an Encroachment Permit subject to the fence being placed five feet back of the curb, would he maintain the grass outside the fence. Mr. Pelton stated he wouldn't be in favor of it, but he would accept that compromise of the matter. Director of Public Works Jing commented that some of the violations were possibly constructed prior to the annexing of this property to the City. Councilman Bleecker stated that he thinks Mr. Pelton is right in his remarks, thai the City has no other choice when a situation is brought formally to its attention that an ordinance is not being enforced, to take action to correct these violations. Either the City is going to enforce the ordinance, or it isn't, it is pretty well cut and dried. Mr. Pelton stated he assumed that he was not going to be granted an Encroachment Permit extending to the curb, and in return for the City not enforcing the existing ordinance and requiring 121 people to tear down their encroachments, he would be willing to go back five feet from the curb, if he were not required to put in the sidewalk along the front of the property. Councilman Whittemore assured Mr. Pelton that he was in complete sympathy with him, he would certainly oppose lhe condition that he be required to construct a sidewalk when no one else in the, neighborhood has one. It would be an absolute impossibility for the Bakersfield~ California~ March 13, 1972 - Page 17 Council to enforce this ordinance throughout the City, it is some- thing that the Council will never solve. Councilman Bleecker stated he could see no reason £or deterring this matter for another week~ Mr. Pelton has indicated that he will accept the condition to move the fence five feet back from the curb, therefore~ he would offer a substitute motion that the Encroachment Permit be granted, subject only to the fence encroaching no more than seven feet into the public right of way, which would require that it be constructed five feet from the curb face. Councilman Thomas seconded the motion which carried unanimously. Councilman Heisey commented that he is not satisfied with the answer he was given on the bond issue election or the financing of the Police Building. He realized that a vote was taken asking that a further study be made on the alternate means of financing; however~ he would like to ask the City Attorney to report to the Council at the next meeting whether this bond issue can be placed on the June 6th ballot as he feels the electorate has the right to vote on the proposition. He shares the concern Of Mr. Whittemore that costs are rising every month in the construction trade, there is no question about it that the longer it is deferred~ the costlier the building will be, but June isn't very far away, and if it were placed on this ballot, it would probably be the quickest form of financing the City could get. In view of this fact, he stated.he wanted to change his vote to a "no" vote on the motion to instruct the Financial Consultant to proceed with the necessary steps to explore alternatives for financing the construction of a new Police Building until the City Attorney reports on the feasibility of placing this bond issue on the June ballot, next week. City Attorney Hoagland stated he would have a report on this Councilman Rees stated that Mr. Heisey's change in his vote would directed the Financial Consultant ready next week. as far as he is concerned, not change the motion which to study and report his recommendations Bakersfield, California~ March 13, 1972 - Page 18 back to the Council. Councilman Heisey stated he was not intending to do that. Councilman Bleecker commented it would be very interesting to see how this Council votes if it can be put on the ballot. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Heisey, the meeting was adjourned at 9:50 P.M. ATTEST: ~l~L~k and rk o$ the of the City of Bakersfield, California Council Calif. Bakersfield, California, March 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., March 20, 1972. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Tyree Toliver of the St. John's Baptist 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 March 13, 1972 were approved as presented. Scheduled Public Statements. Mrs. Kathy Wilson, representing the National Women's Political Caucus of Kern County, read a communication to the CounciL1 which stated thai appointments to City boards and commissions have been overwhelmingly and disproportionately weighted in favor of men. She stated that women who can do things in politics and government and do them well are available, and requested that announcement be made through the news media of all future City board and commission vacancies, and this group will then propose women for consideration to appointment to these vacancies. Councilman Rees commented that the letter is appropriate, well timed, and the Council is obliged to take due notice of it. Councilman Bleecker suggested that Mrs. Wilson obtain a copy of the City Roster which sets out the members of the various City boards and commissions and the expiration dates of their terms. Ad hoc committees are not listed in this Roster. He stated that ordinarily the Council reappoints those persons who have served well and efficiently when their terms expire. He pointed out that women have been invaluable in rendering assistance to candidates running for office and in most cases the candidates could not have been elected without this assistance. Mayor Hart stated that currently approximately 17 women have been appointed by himself and members of the Council and were J ::7 Bakersfield, California, March 20, 1972 - Page 2 presently serving on City boards, committees and commissions, made up of a membership of approximately 70 persons. Also, in the past women were appointed to serve in this capacity. He welcomed the interest taken by this group, stating that the Council is most desirous of being made aware of people who will give their time to City committees. Names submitted will be given consideration, however, the Council will make the final determination on the candidate best qualified to serve the City, sex will not be involved. Upon a motion by Councilman Heisey, the communication was received and placed on file. Correspondence. Upon a motion by Councilman Bleecker, communication from Sam's U-Drive Equipment Rental Service, offering to purchase all of the City's refuse bins was received and referred to the Govern- mental Efficiency and Personnel Committee for study and recommenda- tion. Upon a motion by Councilman Rees, communication from Mr. & Mrs. R. L. Glendening, 2425 Truxtun Avenue, requesting that the issue of the new Police Building be placed on the ballot for decision by the electorate, was received and ordered placed on file. Council Statements. Councilman Rees commented that fwo weeks ago, representa-. tires from the Winher's Circle, a group concerned with the drug problem in this community, appeared before the Council and requested a Resolution of Moral Support endorsing the group's program and Anti-Drug Fair which they were planning to hold in Bakersfield later this month. At that time he stated that he did not feel the Council should take a position of recommending the program of any special group. Since then he has investigated this group and is satisfied that the Winner's Circle serves a very useful purpose in the narcotics problem area of this community, and he wished to change his personal position and endorse the Winner's Circle and the Drug Fair. Bakersfield~ California~ March 20, 1972 - Page 3 Councilman Rucker asked the staff to investigate a dangerous crossing at the intersection of Brundage Lane and Kincaid Street and encourage the County of Kern to install a pedestrain warning sign at this location. He asked thai a report on the matter be made back to the Council. Mayor Hart stated thai he has received phone calls~ several letters and has been confronted by interested citizens regarding the unattractive appearance of the downtown parking malls, and asked the Director of Public Works and his staff to make an effort to improve the aesthetic appeal of the barriers installed in these malls. Councilman Heisey commented that as he understands it, these malls were originally instituted on an experimental basis with the intention of installing a decorative type of barrier later if the parking mall was a success. The experimental period is over and it is time these streets were made attractive in a permanent manner. Reports. Mr. T. S. Ashley~ Assistant District Engineer of the State Division of Highways~ commented that his predecessor, Mr. L. S. Van Voorhis enjoyed very favorable relations with the Council and he hopes to continue in that vein. He stated thai he is present tonight primarily to discuss on very general terms the status of the route studies being con- ducted by his department on Route 178 and Route 58 through and west of Bakersfield. He feels that it should be discussed with the Council one more time, particularly since they are receiving requests to appear before other groups in Bakersfield and they do not wish to speak on anything before these groups which the Council and the Board of Supervisors had not heard. He attended a Technical Co- ordinating Committee meeting last week where it was the consensus of opinion that the Council should be informed and also the Board of Supervisors, that the State is involved in a new process~ com- pliance with the National Environmental Policy Act, which is a Federal law~ and the California Environmental Quality Act~ which is State law. Bakersfield, California, March 20, 1972 - Page 4 The application of these laws to the route location process is something new and the implications of these laws are just now becoming apparent to the Division of Highways. The main point he wishes to make is that while the Council took action late last year by adopting a resolution favoring a certain route on Route 178, it did not necessarily accelerate the process to route decision. To be candidly honest, the State Division of Highways could beas much as two years away from a route decision, which is something that no one in this area has realized. Preparation of the Environmental statement is a very involved process, they are working on it, but a very fast decision will not be made. During some of the discussions before the Council with the staff and the Citizens Committees, it was considered that for purposes of arriving at route determinations, it might be desirable to break the project into two parts, the part east of 99 separated from the part west of 99. After digging into it and all the com- plexities that the Environmental statement entails, the Division of Highways now feels that there is no advantage in separating these two portions of the project, in fact they can see much more advantage in keeping it intact. All of the directives from the Federal Government lean toward studying and reporting on as long a project as is feasibly possible, because it is impossible to separate the environment. He stated that he wanted to stress that they do not feel it is going to delay anything, in fact they think that timewise it will be an advantage to the entire process. A lot of people are interested in getting a decision so that right-of-way acquisition and construction can get under way, both of which depend entirely on the flow of funds through the State Highway fund system. At this point nothing that is being discussed in terms of making a route decision or an Environmental Impact Statement and the circu- lation of that statement, is going to affect the timing of acquisition of rights-of-way and construction. They are still at the point of time when the priorities involved with the availability of funds are in control of that timing. 130 Bakersfield, California, March 20, 1972 - Page 5 Councilman Whittemore asked if this procedure is followed by the other Highway Districts, is it necessary to delay all the projects for this purpose. Mr. Ashley replied that they did, as the process applies to every public works project, particularly, if it is on a Federal system or if it anticipates using Federal money, it brings in the National Environmental Policy Act. The California Environmental Policy Act combination of the Federal Act. Councilman Thomas told Mr. is really a reflection and a Ashley that the right-of-way for Highway 58 in the south part of the City is in very bad con- dition, refuse has been thrown on the lots, weeds are growing and it presents an unsightly appearance to people living in the neighbor- hood. He asked if the State could do something to improve this. Mr. Ashley agreed that it has presented problems, and stated that this route is not now subject to the requirement to submit an Environmental Impact Statement because of the status it was in when the law was passed. He stated he will be happy to take Mr. Thomas's request under consideration. Councilman Rucker asked when the funds will be available for construction of Highway 58. Mr. Ashley stated the best infor- mation he has, as he recalls it, the next unit from Weedpatch to Cottonwood Road is now scheduled for advertising just about a year from now. This is somewhat later than had been anticipated, it is disappointing, but this is the best the financial capability is able to bring about, and it will go just as soon as it can. Councilman Heisey questioned the delay of two years to prepare the Environmental Impact Statement, and Mr. Ashley stated that was the very latest it would be done. As soon as the draft Environmental Impact Statement they are working on right now is completed, they will start a circulation process, which is the most important part of the process, the response they get to circularizing the Environmental draft report and the responses to those comments that they receive. They must respond to every comment, and in many cases considerable investigation may be necessary. After they get the responses and they have been dealt with, the Bakersfield, California, March 20, 1972 - Page 6 whole package has to go to the California Highway Commission, following a public hearing which will have been held by that time. The California Highway Commission will have to consider whether or not the District office has responded adequately to suggestions they have received in the circulation process. This can take a lot of time, it is new to him, but he believes two years is possibly the worst that could happen, however, they arp hoping it will be a lot sooner than that. Councilman Rees asked Mr. Ashley if he feels the investi- gation a~ready done by the State Highway Department subject to the hearings that have been held, does not already take into account the Environmental Impact of Freeways 178 and 58 on the community. Mr. Ashley replied to a considerable degree, "yes", but they have not done much quantification of the environmental affects and this is the big job ahead of them. Measurements of impacts in terms of noise, air pollution, with or without the freeway. This is anothe:~ very important feature, they have to measure the environmental impact of not building the freeway. Councilman Rees referred the route determination.could be as to Mr. Ashley's statement that much as two years away, remarking that he thought the route had been determined. Mr. Ashley stated the California Highway Commission is the agency which adopts free- way routes. This Council recommended a certain route but the California Highway Commission, after a public adopt a route if they are so inclined. Councilman Bleecker told Mr. Ashley hearing process, must that the proposed 178 Freeway route which was favorably acted upon by the Council, goes through his Ward, so he is particularly concerned. He stated it is the general consensus of the people, particularly those who reside in his Ward, that the freeway is going to be constructed just south of 24th Street or in that general area. He would appreciate it if the press would make it absolutely clear to the people residing there, many of whom have their homes up for sale as a result of lhe action taken by the Council thinking that it was finalized at that time, that this route has not been decided upon as yet. He stated he had previously discussed the Environmental Bakersfield, California, March 20, 1972 - Page 7 Impact Act with members of the Division of Highways and the require- ments which it would be necessary to observe in order to receive Federal funds to build this freeway. He asked the Council to vote on the environmental aspect of the route at the time it was adopted by the Council, but this was not done, however, it is very clear that these procedures must be followed in order to get the freeway built. He asked Mr. Ashley if the Council would receive some indication of their conclusions before the expiration of the two year period. Mr. Ashley replied that complete communication and solicitation of input from the local agency will be made. Councilman Bleecker referred to remarks he had made at a previous Council meeting on the inclusion of Beach Park in this project, asking Mr. Ashley if the Federal Government would look strongly upon the fact that part of, or all of the park, may be removed in the process of constructing this project. Mr. Ashley stated that is one of the very important requirements of the Environmental Impact Statement, that the park be replaced or treated in some manner that is acceptable to the interests of parks. tion of the Council to Mr. Ashley for keeping them informed of progress being made on Routes 178 and 58. Director of Public Works Jing referred to the letter from Mr. Kirkland, President of the Leo G. Pauly PTA, in which certain requests were made for improvement of hazardous conditions in the area of the school. He said that on March 14, 1972 a communication was sent to Mr. Todd Madigan, owner of the mobilhome tract on South Chester Avenue, stating'that there is a definite need for the construction of sidewalks along the south side of Planz Road between South Chester Avenue and the west line of the school. At a meeting held with Mr. Madigan, he indicated that he is not in favor of installing this sidewalk unless he is forced to do so. The Council can declare that the construction of sidewalks is a public necessity and proceed under the Improvement Act of 1911. If instructions are received from the Council, the necessary resolutions will be drafted. Councilman Whittemore extended his thanks and the apprecia- the Bakersfield, California, March 20, 1972 - Page 8 Over a year ago Mr. Madigan indicated that he would not care to remove the trees and landscaping growing in the. sidewalk area, but that if.sidewalks were built, he would be in favor of building them around the trees. On March 16, Mr. Olsson, Building Director, and Mr. Ed Schulz of the Engineering Department, contacted Mr. John Chafin of the Kern County Canal and Water Company, and then met with Mr. Chafin who agreed to fence the Central Branch of fhe Canal from Ming Avenue to about 50 feet east of old 99 Highway. The lateral from its headgate along Planz Road to where it presently goes into the pipeline would be fenced for about 200 feet south of Chesfer Avenue and to a point about 200 feet north of White Lane. Bids have been received for this work and all of the fence will probably be built within the next month. Councilman Bleecker asked if there were any canals in the City which are not fenced and Mr. Jing stated fhat when this work is completed, he does not believe there will be any unfenced canals in the City. Most of this area was formerly in the County until the annexation of Airpark No. 1. Mr. Jing reported thai in regard to the requesf from the school to increase the "walk" time for Planz Road pedestrian traffic, the green time has been increased to a tofal of 32 seconds for the school children to cross Chester Avenue, and the additional five seconds lime should alleviate the problem. In the leffer there was a request for the construction of signals at South Union Avenue and Planz Road. The County has plans for the improvemenf of Planz Road and the installafion of a signal which they want fo do as one project because it involves the widening of the canal. This will not be possible until December, when the water is not flowing in the canal. Councilman Whirremote stated that he had talked to Mr. Madigan regarding the. installation of a sidewalk at the location of his property and Mr. Madigan is reluctant to destroy the shrubs and trees which have been growing in the sidewalk area for several 134 Bakersfield, California, March 20, 1972 - Page 9 years. He asked if a solution of the problem would be to contour the sidewalk around the shrubs, or in the opinion of the Public Works Department, what would be lhe most feasible manner to accomplish this. Mr. Jing stated that it is not the responsibility of the City to build sidewalks for the abutting property owner, and Councilman Whittemore asked how the City could make it retroactive and compel the property owner to construct the sidewalks. Mr. Jing replied thai by the Improvement Act of 1911 the Council declares it a public necessity and the property owner would be required to build the sidewalk at his expense. Mr. Bergen stated that the City does not build sidewalks for abutting property owners, there are several legal methods by which the Council can require adjacent property owners to build these sidewalks depending on how much sidewalk exists. COuncilman Whittemore commented that before any action is taken on the sidewalk, he would like to meet with the Leo G. Pauly School to discuss fully with them what Mr. Bergen stated there wasn't any tonight, they were just reporting on what is the City can do. Council action required being done. He read a letter from R. O. Price, Captain of lhe Traffic Division, to J. M. Towle, Chief of Police, relative to the Police Department's responsibility on the requests contained in the letter from the school. Captain Price stated they have received a copy of the letter from the Leo G. Pauly PTA listing certain conditions which concerned them regarding children going to and from the school. Most of these conditions fall within the jurisdiction of the Public Works Department; however, certain requests fall within the juris- diction of the Police Department. The PTA complains of the speed limit of 45 MPH on Soulh Chester Avenue approaching the stop light at Planz Road. At t'he time the traffic signals were installed, the speed limit on that portion of the roadway was 65 MPH. Through ordinance, after a survey, the speed limit was reduced to 45 MPH, which was the minimum recommendation that could be made because of the speed Bakersfield, California, March 20, 1972 - Page 10 135 being traveled, the width of the street, and the complete lack of development along either side of South Chester Avenue. A survey run by means of radar on South Chester Avenue, indicates that 85% of the vehicles on the street are obeying the speed limit. It also indicates that the speed limit for that area is definitely not too high, nor is it apparently too low. There are no outside factors that this department can see which would cause it to find that the speed is too fast for the conditions. Four accidents at the inter- section of Planz Road and South Chester Avenue in 1971 were not related to spe.ed and only one was the result of vehicles failing to obey the.signal. The school indicates that there are no signs or street markings on Chester Avenue to indicate that this is a school crossing. Up until 1972 the intersection did not qualify as a school crossing. In 1972, the Bureau of Public Works changed its thinking with regard to school crossings and this intersection now falls within the category of crossing that the department can post with certain school signs. Part of the Police Department budget for the ensuing fiscal year is to upgrade signing to meet these new standards and the permissible school crossing;signs at all locations that fall within the new standards will be installed in the very near future. Councilman Whittemore remarked that in his opinion the installation of traffic signs at this location is of sufficient importance to commence it immediately without waiting for funds from the new budget, and requested that these new signs be ordered immediately. He stated that a problem exists with the path meandering through the shrubbery and trees adjacent to Mr. Madigan's property, when the area is sprinkled, children are forced to walk through mud and water. Councilman Thomas commented that probably Mr. Madigan would agree to improve the path through the shrubbery and to change the sprinkling hours, without forcing him to construct sidewalks, and that he would talk to him about it. Bakersfield, California, March 20, 1972 - Page ll City Attorney Hoagland reported that last week Mr. Heisey had asked him to look into t.he possibility of placing the bond election for the new Police Building on the June ballot. He stated that the deadline to consolidate the election with the June 6th primary, cannot be met by Thursday night. Also the prime factor involved is that no estimate of the cost Of building has been made with any degre:e of accuracy at this time. On other City bond issues, the bond and financial counsel has furnished a very detailed, accurate accounting of the cost of issuing bonds. Several weeks is needed to arrive at this estimate by the bond counsel~ as in order to sell the bonds, certain formalities must be conformed with in connection with financial certificates from bond counsel, and certain other statements regarding the financial standing of the City. Councilman Heisey remarked that it is unfortunate it cannot be placed on the June ballot, it will probably be the middle of the summer before figures can be obtained on the cost of the building; however, when they are secured, another look at the matter at that time. Councilman Bleecker stated that the Council should take it is his understanding it will be late summer before the architect will be submitting figures that will be close enough for the Council to determine the ultimate cost of the building. Last Monday night he asked Mr. Ray Dezember whether or not the Citizens Advisory Committee had considered the possibility of purchasing the Fedway Building on Chester Avenue to be remodeled for a Police facility. Mr. Dezember replied that it had been given slight consideration. Councilman Bleecker stated that if the Council and the taxpayers are interested in s.aving money and creating a facility for Police use, that would be very serviceable and attractive, he feels that Merious study of the feasibility of acquiring this building for a Police facility should be made by a Council com- mittee. Also, he would suggest that when the figures are submitted by the architect on the cost of constructing the building, the issue be placed on the November ballot for consideration of the electorate at that time. Bakersfield, California, March 20, 1972 - Page 12 Councilman Whittemore asked Mr. Hoagland if the College District has an option to buy the Fedway Building. Mayor Hart stated that they do have an option that they are preparing to exercise before the first of April. It is contingent on securing additional parking property which they are discussing at the present time with the City Manager as to whether adjacent City property will be made available to them. Mr. Bergen stated that the college has approached him with regard to the City's position on the one square block which it owns in that vicinity. He informed them that the block was surplus as far as the City is concerned and it is available for sale. They asked him if the City would be interested in an option and he told them he felt it would be, that the staff would proceed with an appraisal, come to the Council option. The staff at the present time that the College District will have an and recommend an appropriate is securing an appraisal so idea of the appraised value. Councilman Whittemore asked what the asking price of the Fedway Building is and Mayor Hart replied that the figure quoted to him was $853,000. Councilman Bleecker commented that his is the first time it was brought to his attention that the Kern Community College District had contacted the City staff regarding additional parking space. If there is a remote possibility that this Council might prefer to buy the Fedway property for a Police facility, the City's property in that area must be part of the Council's consideration of this purchase and no guarantee should be made to any agency thai: the City is willing to sell this lot for additional parking. In view of what has been brought out tonight, instead of leaving it up to the Budget Review and Finance Committee to decide whether or not they wish to consider this measure~ he would move that the Governmental Efficiency and Personnel Committee of the Council be instructed to look into the feasibility of purchasing the Fedway Building on Chester Avenue as a site for the new Police Building. 138 Bakersfield, California, March 20, 1972 - Page 13 Councilman Whittemore stated interfering with an option held by the as the City Manager and staff offering that the City has no way of College District. As far the property for sale to this entity, several years ago they were authorized to dispose of any surplus property that the City has on an appraisal basis and to the highest bidder, and the staff is only pursuing this within the realm of authority. It will take longer than a couple of weeks to do this, He does not think the architect can be expected to go to the expense of making projections for remodeling this building until such time as the school district has determined what its course of action will be. If the school district does not exercise its option, he will be willing to support Mr. Bleecker's motion to make a cost analysis of the construction of a Police facility in this location. Sometimes the cost of remodeling exceeds the cost of new construction, especially in a Police Building. He has no particular choice of site or the method of financing the building, if there is an aliernate which would save the taxpayers money, he is sure the entire Council will vote for it the same as the full Council has agreed that there Councilman Bleecker that he does not know whether is a need for the new structure. reiterated his previous statement the Fedway Building is even feasible for a Police facility, but he thinks the City should look into it an'd that there should be a minute order of the Council instructing the staff not to offer the property for sale as a parking lot until the Council has decided whether or not it wants to seriously con- sider the Fedway Building for a new Police site. He stated that he would add to his previous motion that the City of Bakersfield be precluded from giving any estimates of the value of the property or any indication that the property is for sale, until this Council decides whether or not it might need it for parking facilities if the decision is made to locate the Police Building on that site. Bakersfield~ California, March 20~ 1972 - Page 14 139 Councilman Rees questioned moving consideration of this issue from the Budget Review and Finance Committee to the Govern- mental Efficiency and Personnel Committee, he doesn't have anything personal at stake, as he is a member of both committees. The Architect, Robert Stuhr and Associates, has been employed by contract to make somewhat advanced studies on what a good Police Building should.be, he has visited other Police facilities with the end view of constructing as nearly an ideal facility in Bakersfield as can be built at this time. The present Police Building, which is in- adequate, is the result of shoving a specialized facility into an existing shell because the shell was available, and is now regarded by experts as having been a mistake. Mr. Bergen pointed out that an Architect has been retained to do a preliminary estimate and study of the design and require- ments of the Police Building. The contract doesn't confine the building to any particular site, and if the option for the Fedway Building lapses and the building is available, he would think it would be part of the Architect's report to include the feasibility of rehabilitating this building. Councilman Bleecker commented that Councilman Rees has questioned his motion to refer the issue to the Governmeatal Efficiency and Personnel Committee. He did that because he is on the Committee and he would like to have something to say about how the considerations go. He then restated kis motion, that the Governmental Efficiency and Personnel Committee of the Council con-- sider the purchase of the Fedway Building on Chester Avenue as a possible site for a new Police Building and that no further nego- tiations of any kind be carried on with the Kern Community Junior College District as to the availability of the adjacent City property as a parking lot for their use. Councilman Heisey stated that the Council could very well get into the position where .it, would spend more money remodeling the old Fedway Building for a Police facility than a brand new building would cost. Unless the location is particularly desirable, it is better to forget it. They would certainly hate to duplicate the same mistake made before, as the Council has been told many 140 Bakersfield, California, March 20, 1972 - P~ge 15 times that a great deal more money was spent on rehabil.itating the old parochial school into the present Police Building than it would have cost to build a new structure. It will do no harm'to have the Architect check into it, as he and the staff will be the ones to do the investigating, make the evaluation, and report back to any Council committee. He does not think it will have any particular bearing on the school district regarding the exercise of its option on the Fedway property, whether or not the City offers them its property for a parking lot, as he.£eels sure they are smart enough to realize that if they buy the Fedway property, the block is of no value to the City of Bakersfield. Councilman Rees stated he is not only a part of the City of Bakersfield, he is part of the Community College District, and he is concerned with its interests, also. I~ this particular trans- action is of benefit to the college, he is not opposed to it. He is opposed for very obvious reasons, to having the Police Depart- ment located several blocks from the City Hall, even being located across the street is sometimes an inconvenience. He does not think that Councilman Bleecker should expect to have every issue which comes before the Council transferred to a committee of which he is a member. By tradition, matters of this sort have been considered by the Budget Review and Finance Committee; by tradition, certain other matters have been considered by the Governmental Efficiency and Personnel Committee. Also, he does not think that the Architect should be expected to abandon his preliminary studies and plans and go back and draw up plans to remodel a department store into a Police Building. Councilman Bleecker stated that he referred this matter to the Governmental Efficiency and Personnel Committee because he thinks he can serve well on it, it is not his intention or the intention el the Council to hoodwink anyone. He does know that Architects want to build an outstanding edifice, and if that will cost more money than the Council can afford, the Council should be aware of it. All he has done is to ask that the Council consider 141 Bakersfield~ California, March 20, 1972 -Page 16 a certain piece of property as a possible site for a new Police facility and that the City be precluded from any further discussions with the Junior College District in offering them a piece of property which might enable them to exercise their option on the Fedway Building before this Council decides what course it wishes to take on whether or not it is a proper building for the Police facility, and he would so move. Councilman Whittemore stated that Councilman Heisey had analyzed the situation as far as the value of the City's adjacent property is concerned, the same way that he would have done it. He offered an amendment to Mr. Bleecker's motion that instead of this matter being referred to the Governmental Efficiency and Personnel Committee, that it be referred back to the Budget Review and Finance Committee from whence the original report was made. Councilman Bleecker stated he would amend his motion to that effect. Vote taken on Councilman Bleecker's motion as amended, carried as follows: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Consen:t CAlendar. Upon a motion by Councilman Medders, Claims Nos. 2865 to 3010, inclusive, in amount of $84,187,17 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 Whittemore, low bid of Paul F. Foth for paving and improving Wilson Road from Stine Road to 1470 feet westerly, was accepted, all other bids:were rejected, the Mayor was authorized to execute the contract. and Bakersfield, California, March 20, 1972 -Page 17 Deferred Business. Upon a motion by Councilman Medders, Ordinance No. 2000 New Series of the Council of the City of Bakersfield amending Section 1t.04.776~ (Speed Limit on Wible Road) of the Municipal Code of the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker~ Thomas, Whittemore Noes: None Absent: None Upon a motion by Councilman Medders, Ordinance No. 2001 New Series of the Council of the City of Bakersfield amending Section 11.04.775 (Speed Limit on Oak Street) of the Municipal Code of the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Adoption of Resolution No. 12-72 calling the Nominating Municipal Election for the Office of Mayor and setting the hours for the opening and closing of Polls for said Election to be held in the City of Bakersfield on the 6th day of June, 1972. Upon a motion by Councilman Rucker, Resolution No. 12-72 calling the Nominating Municipal Election for the Office of Mayor and setting the hours for the opening and closing of Polls for said Election to be held in the City of Bakersfield on the 6th day of June, 1972, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Adoption of. Resolution No. 13-72 pro- viding for the Consolidation of a Nominating Municipal Election for the· Office of Mayor with the State of California DirectPrimary'Election and. Presidential Primary Election to be held on June 6; 1972 and requesting the Board of Supervisors of the County of Kern to order the Consolidation of said Elections. Upon a motion by Councilman Rucker, Resolution No. 13-72 providing for the Consolidation of a Nominating Municipal Election Bakersfield, California, March 20, 1972 - Page 18 for the Office of Mayor with the State of California Direct Primary Election and Presidential Primary Election to be held on June 6, 1972, and requesting the Board of Supervisors of the County of Kern to order the Consolidation of said Elections, was adopted by the following vote: Ayes: Noes: Absent: Councilmen Bleecker, Heisey, Medders, Thomas, Whittemore None None Rees, Rucker, Action deferred for one week on plans and specifications for construction of California Avenue Park Neighborhood Facility. The Architect's estimate for the construction of the The Architect has been working on the plans for this project for well over a year, and meetings were held with the various using agencies, a Citizens Committee, as well as the Auditorium-Recreation Committee. At various times reports have been made to the Council as a whole. The Architect has completed specifications and the working drawings and on February l, 1972, submitted them to HUD for approval. When approval is received from would assist the City in the financing of above. On December 14, 1971, the Council was submitted to HUD for the construction this project as outlined executed a contract which of this facility. California Avenue Park Neighborhood Facility is $483,000, which is to be funded as follows: City $ 40,000 County $120,000 Federal $323,000 Councilman Rucker asked the City Manager.to bring the Council up to date on the progress made relative to .the constructten of this Facility and stated that after the explanation, he would move to approve the plans and specifications for the construction of this facility. Mr. Bergen stated that on October 14, 1971, the City received a contract from HUD for the construction of this facility with certain funds to be paid from the local area. Discussions and negotiations were carried on'with the County of Kern which culminated in a Joint Exercise of Powers Agreement with the County whereby it 144 Bakersfield, California, March 20, 1972 - Page 19 HUD, the Council will be asked for authorization to advertise for bids. HUD indicated that approval would be forthcoming in about 30 days. To date the approval has not been received. Councilman Heisey asked if these plans had been received by the Auditorium-Recreation Committee, the Citizens Committee, the Building Director, the Auditorium-Recreation Manager and the City Manager. Mr. Bergen stated that the plans showing the layout of the building have been worked out in cooperation with everyone Councilman Heisey mentioned. The Architect takes the responsibility for the details of the plans and specifications, and Mr. Olsson of the Building Department has reviewed the plans. Councilman Bleecker stated that he hasn't seen these plans and working drawings which the Council is being asked to approve. He asked if the Council could be furnished with copies of the plans and specifications and Mr. Bergen stated they could put together a copy of the floor plan which would give the Council a detailed layout of the room arrangements. Councilman Rees stated he has confidence in the Committees and staff, and the Architect selected' by the Council. He does not believe he would be able to understand the technical plans if he saw them. Councilman Rucker stated that he had no objection to holding this matter off for a week, and made a motfon that approval of the plans be deferred for one week. Mr. Bergen stated that a copy of the layout of the building will be included in the Council's packet next week. The Architect will be present and any questions can be directed to him. Vote taken on Councilman Rucker's motion carried unanimously. Approval of Map of Tract 3598-A 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. 3598 (Unit "A") be and the same is hereby Bakersfield, California, March 20, 1972 - Page 20 approved: that the courts, avenue, circle and easements 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 Bakers-~ field hereby waives the requirement of signatures of the following: NAME Tenneco West, Inc. (formerly Kern County Land Company) The Clerk of this the face of said Map a copy NATURE OF INTEREST Mineral rights below a depth of 500 feet with no right of surfaee entry Council is directed to endorse upon 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 covering improvements therein. Hearings. This is the time set for public hearing before the Council on the matter of the adoption of the Housing Element of the Bakersfield Area General Plan. This hearing has been duly advertised by the City Clerk's~ office. The Housing Element of the General Plan, consisting of standards and plans for the improvement of housing and for provisions of adequate sites for housing'needs of all economic segments of the community, has been approved by the City Planning Commission, after due notice and public hearing as required by law. Mayor Hart declared the hearing open for public partici- pation. No prores,rs or objections being received and no one speaking in favor, the public hearing was closed for Council deli- beration and action. After discussion, upon a motion by Councilman Thomas, adoption of the Housing Element of the Bakersfield Area General Plan was deferred for two weeks for further perusal by the Council. This motion carried unanimously. 146 Bakersfield, California, March 20, 1972 - Page 21 This is the time set for public hearing before the Council on Phase I and II of the 1971 Weed Abatement Program. Director of Public Works Jing reviewed the procedure followed, reporting that the 1971 Weed Abatement Program Phase I, commenced with the posting of 517 vacant lots and eventually a total of 65 parcels were cleaned by the contractor, Specialized Spray Service. The total assessment for work done, including incidental costs, under the Weed Abatement Program, Phase I, was $4,515. Phase II of the 1971 Weed Abatement Program commenced with the posting of 190 vacant lots and eventually a total of 38 parcels were cleaned by the contractor, Specialized Spray Service. The total assessment for work done, including incidental costs, under the 1971 Weed Abatement Program Phase II, was $3.605. Mayor Hart declared the meeting open for public partici- pation. Mr. George D. Zimmer read a prepared statement into the record regarding the abatement of the weeds on Blocks 3, 4 and 5, Block.13, Mayflower Addition, stating that under the penalty of perjury his statement is true. He traveled from his ourrent residence in Long Beach, California, to Bakersfield for the specified purpose'of cleaning his vacant property in order to comply with the City Weed Abatement Ordinance. He is being assessed $115.00 for having the City clean up Lots 3, 4 and 5,and he protests this action, as he personally worked in this area with a rake and hoe and knows for a fact the condition Of the property when he finished cleaning it. He read statements from Mrs. Marie Hall, who resides at 27 South Owens Street, and Mr. and Mrs; Homer B. Smith, who reside at 100 South Owens Street, and are geographically located in such a manner as to witness Mr. Zimmer's clean up of his vacant property. Other persons who protested the assessment as being excessive and unwarranted as they had cleaned their vacant lots Bakersfield, California, March 20~ 1972 - Page 22 147 themselves~ were the following property owners: PARCEL NO. NAME AND ADDRESS 018-170-19 Ollie Hallum $75.00 3815 Phaffle Drive (son) Florence L. Whitley 65.00 120 Kincaid Street Mary Diaz 45.00 ? Lake Street 019-190-03 019-153-05 019-141-07 ASSESSMENT Imogene P. Hunt 1133 East 18th St. (Mrs. Estorba) 55.00 018-250-20 Mrs. James Gregory 95.00 33 "T" Street No one speaking in approval of the proceedings, the Mayor closed the public hearing for Council deliberation and action. Councilman Whirremote asked Mr. Jing if pictures are being taken of these lots before and after they are cleaned. Mr. Jing stated that the contractor does photograph the lots just prior to doing the work, however, they were not taken with a Polaroid Camera so some of the pictures are not too clear. Councilman Whittemore asked how closely the lots are inspected by his depart- ment before the contract is accepted. Mr. Jing replied they go out with the contractor and inspect each lot individually prior to receiving his bid. The contractor is given a map of the non- compliances, and he takes pictures of the lot prior to starting the work and he records on the map when he has completed the work. Councilman Whirremote stated he thought it had been decided that pictures should be taken of these lots before the contract was awarded. Councilman Rucker stated that the majority of these protests have been made by people owning property in the Mayflower area. He doesn't know who posted the property but some of it that he had inspected, personally, only had a few short weeds growing on it, the contractor disced these few weeds and charged the property owner, which he felt was very unfair. He stated he thinks the contractor has taken advantage of the poor property owner by Bakersfield, California, March 20, 1972 - Page 23 cutting weeds on property which were not high enough and should not have been included in the Weed Abatement Program. It is apparent from the pictures that some of these people have endeavored to cut the weeds themselves. He stated that he thinks Mr. Jing, himself, should go out and make inspection of these areas, as the person previously delegated to make this inspection could possibly have discriminated somewhat against the residents of the Mayflower area. He feels that the system should be changed and periodically the Director of Public Works should follow behind the inspector and see himself how factually his records are. Public Works Director Jing commented that there was no intention by his department to discriminate against any certain area. The lots are inspected by his employees, they are not left to the discretion of the contractor, and a great deal of care is exercised before they are posted for bid. He would propose that before a contract is awarded, each individual Councilman check the lots in his Ward and see them first hand so that he would have an idea of the problem faced by the Public Works Department. Councilman Thomas stated he had examined these pictures, and some of them look very bad, and he doesn't see where the property owners could complain regarding the removal of the weeds. Councilman Bleecker stated that he is thoroughly in agreement with the ordinance, that if people own property, they should keep it clean, as the City of Bakersfield cannot be responsible for cleaning weeds from private property. Councilman Thomas stated that according to his figures, the assessments which were protested amounted to $440.00, and if there is a question regarding the validity of the photQgraphs and whether or not they indicate that the lots were cleaned by the contractor, he would think that this time the City should either cut the assessment in half, or exclude it from the list entirely. In the future these lots can be scanned carefully by the staff and perhaps the Councilman of the Ward himself, to be sure that the work has been accomplished as alleged by the contractor. Bakersfield, California, March 20, 1972 - Page 24 _I49 'Councilman Heisey remarked that the Weed Abatement Program has been given considerable publicity for several years, the property owners have been given ample opportunity to remove the weeds from their lots, and there is no question in his mind of the validity of the photographs. If the Public Works Department said the pictures were taken in the morning before the lots were cleaned, he is satisfied that this was done. He then m~ved to confirm the assessment list and instruct the City Clerk to file it with the County Assessor. Councilman Rucker stated that he was not satisfied that the lots had been inspected sufficiently to determine whether or not the property owners had removed their own weeds. He asked again that the Public Works Director follow along behind the inspector periodically, and make an inspection himself in order to be sure that his employees were following out their orders. Councilman Heisey suggested that in the next Weed Abate- ment Program, a picture be taken before the weeds were cut and one after they were cut, it isn't too expensive and would be of great assistance to both the Public Works Department and the Council when the time comes to confirm next year's assessment list. Councilman Bleecker asked Mr. Jing if the staff and the contractor in each and every case after notices were sent out and a number of people were eliminated from the list, looked at every one of those lots and a picture was taken of the lot. Mr. Jing stated the contractor looked at each lot and quoted a price for cleaning. He is given a set of maps showing where he is to remove the weeds and before he starts the work, he takes a photograph of the lot. If the property owner cleans a lot before the contractor arrives, he is not charged for the work, even if it is the same day. Vote taken on Councilman by the following vote: Ayes: Councilman Heisey Noes: CQuncilmen Bleecker, Absent: None Heisey's motion failed to carry Medders, Rees, Rucker, Thomas, Whirremote 150 Bakersfield, California, March 20, 1972 - Page 25 Mayor Hart stated that the failure of this motion places the Council in the hands of Mr. Bergen and Mr. Jing to determine some action to follow which will satisfy everyone that the contractor did clean these lots. The present system is evidently wrong, as obviously the Council is not satisfied that the work was done in proper sequence. Mr. Bergen stated that about 10 years ago the City began enforcement of the Weed Abatement Ordinance. This was done as a result of complaints from Councilmen, citizens, and adverse publicity of the news media. The City of Bakersfield's program gives more notice to the property owner than most programs in other cities. In fact, during the notice period, the City receives complaints and criticism that its program is too lax. The Department of Public Works has done everything that it possibly can to make sure that the property owners have received notices. Registered letters are sent with requests for return receipts. The contractor takes pictures before he cleans the lot and if a lot has been cleaned before he starts work, no work is done, and no charge is made. If the City is going to have a Weed Abatement Program, it is going to have to assess people that will not comply with the notices. Councilman Thomas commented that for the record he is all for the Weed Abatement Program. Councilman Bleecker stated he thinks the Weed Abatement Program is a good one, but if there is a time lapse of two to two and a half months between the time the final notice is given and the time the contractor gets around to cleaning the lot, it is entirely possible that a citizen could have cleaned his lot after the staff inspected it, and those weeds could[ have grown back in a period of 30 to 60 days and need cleaning after the contractor gets there. He thinks the Council should get together with the staff or the Governmental Efficiency and Personnel Committee and instruct the staff how they want this program handled. Mr. Jing stated that Public Works has posted over 700 lots, of that number only 95 did not comply, and only six persons have complained here tonight. He asked what happens to the people who have complied. Bakersfield~ California, March 20, 1972 - Page 26 Mayor Hart stated these picfures were purportedly taken the morning th~ contractor prepared to clean the lots. Mr. Bleecker's point is well taken that there could have been an effort made on the part of the owner to clean his lot and due to climatic changes during a two or three month period, the weeds could have grown back to a degree where the lot would warrant another cleaning. The Council is not trying to determine the laek of integrity. It is trying to determine what actually happened. There are people here tonight with sworn testimony that their particular lots were cleaned. I am trying to say to you that these people here have stated they cleaned their lots and the point brought up by Mr. Bleecker is a valid one. Councilman Bleecker asked why the contractor was given this long period of time to clean the lots, if he were required to clean them within a week or ten days after bidding~ there would be no question about the weeds growing back in the interim period. Councilman Heisey stated he would certainly support the staff, he thinks Mr. Jing has done an outstanding job in connection with this Weed Abatement Program, it is a very difficult thing at best~ and he feels that the program has been carried out as the Council requested that it be done. He stated he would like to hear what the contractor~ Mr. Lloyd of Specialized Spray Service~ has to offer on the matter. Mr. Robert Lloyd stated he was the contractor who abated the weeds, that he took the pictures which the Council had examined. He stated that basically the weeds could not have grown back as there was not enough rainfall for that purpose. He confirmed Mr. Jing's statements on the method of carrying out the Weed Abatement Program, s~ating that 95% of the pictures were. taken the day of cleaning, and the other 5% the day prior to the cleaning. Each date of cleaning is recorded on the map of-non-compliances. Bakersfield, California, March 20, 1972 Page 27 Councilman Whittemore stated he was not questioning Mr. Jing's integrity, but the thing which disturbed him is that there is a possibility that these people have cleaned their lot and the weeds have had a chance to grow back; therefore, he does not think they should be assessed for cleaning. It is a real tough problem to find a procedure which is fair to everyone, this is what the Council is trying to do, find something that is equitable to both the property owner and the contractor. Somewhere along the line the time period will need to be improved and something is going to have to be worked out to improve the method of handling this program. Councilman Bleecker stated he would suggest that the Council instruct the Department of Public Works to set a definite cut-off date and to notify the property owners that after that date they will be assessed for weed removal and whether they have cleaned their lot or not, the contractor will be paid. If the Council sticks to this policy, people will remove their weeds by the cut-off date. He then moved that this amendments be made to the Weed Abatement Ordinance and that the City Attorney be instruc~ed to prepare an amendment incorporating the proper phraseology. Councilman Rees asked the City Attorney what position the Council finds itself in at this time. City Attorney Hoagland stated that he gathered from the intent of the Council that they wish to confirm the assessment list with the exception of the six parcels whose owners have registered protests here this evening. Mayor Hart suggested to Councilman Bleecker that he withdraw his motion until action.had been taken on the suggestion of the City Attorney. Councilman Bleecker withdrew his motion. Councilman Rees stated he did not want to undermine the Weed Abatement Ordinance or question the integrity of the staff. Apparently, something is amiss when six people all from the same part of town protest the assessment and state they clea~ed their Bakersfield, California, March 20~ 1972'- .Page 28 own lots. He would therefore move, with some reluctance, that these six property owners be excluded from the assessment list, that the assessment list be approved with the exception of these six persons, and the City Clerk instructed to file this list with the County Assessor. This motion carried with COuncilman Medders voting in the negative. This is the time set for public hearing on application by Greater Bakersfield Memorial. Hospital Association to amend the zoning boundaries from~an R-1 (Single Family Dwelling) Zone to an R-1-Hosp. (Single Family Dwelling - Hospital) or more restrictive, Zone, of that certain property known as 420-34th Street. The hearing has been duly advertised and posted and notices sent to all property owners as prescribed by Ordinance. No protests or objections were filed in the City Clerk's office. The hospital proposes additional improvements and does not wish to be burdened by applying for ~ Conditional Use Permit each time an improvement is contemplated. With the Hospital Zone Overlay the only requirement would be the submittal of the plans to the Planning Commission recommends approval of this Parcel. for approval. The Planning Commission zone change to R-1-Hosp. for said pation. speaking in favor of the zone change, for Council deliberation and action. Heisey, Ordinance No. 2002 New Series Mayor Hart declared the hearing open for public partici- No protests or' objections being received, and no one the public hearing was closed Upon a motion by Councilman amending Title 17 of the Municipal Code to change the Land Use Zoning of that certain property known as 420-34th Street was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders,Rees, Rucker, Thomas, Whittemore None Noes: Absent: None This is the time set for public hearing on application by Charles Lum to amend the zoning boundaries from an R-1 (Single Family Dwelling) Zone to a C-2 (Commercial) or more restrictive, 154 Bakersfield, California,. March 20, 1972 - Page 29 Zone, of that certain property commonly known as 4100 White Lane. This hearing has been duly advertised and posted and notices sent to all property owners as prescribed by Ordinance~ No protests or objections were filed in the City Clerk's office. Property north of White Lane in this vicinity is shown as low density residential on the Bakersfield Metropolitan General Plan; on the south side of White Lane the properly is shown as industrial on the General Plan. The surrounding property is presenfly developed with agricultural uses. The Planning Commission is of the opinion that C-1 (Limited Commercial) Zoning would be adequate for the proposed neighborhood commercial uses, and would recommend approval of the C-1 zoning for said parcel with the application of the "D" Overlay to protect the traffic flow onto White Lane and Akers Road and also to protect the future surrounding residential neighborhood. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received and no one speaking in favor of the rezoning, upon a motion by Councilman Whittemore, Ordinance No. 2003 New Series amending Title 17 of the Municipal Code by changing the Land Use Zoning of that certain property commonly known as 4100 White Lane, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None There being no Adjournment. further business to come before the Council, upon a motion by Councilman Whittemore, adjourned at 11:15 P.M. the meeting was MAYOR of the City of Bakersfield, Calif. ATTEST of the City of Bakersfield, California Bakersfield, California, March 27, 1972 155 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., March 27, 1972. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Clyde Skidmore of the First Southern Baptist Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees, Absent: None Rucker, Thomas, Whittemore Minutes of the regular meeting of March 20, 1972 were approved as presented. Presentation of Certificate to Michael P. Hopkins, Waste Water Superintendent. Mayor Hart presented Michael P. Hopkins, Waste Water Superintendent, with a Grade 1-A Operator's Certificate from California Water Pollution Control Association, and congratulated him on the background and training which qualified him for this Certificate. Scheduled Public Statements. Mr. Fred Delano of Porterville, California, addressed the Council, stating that he is the Chairman of the Board of Directors of the Citizens Against The Atomic Planf proposed to be built about two miles east of Strathmore, California, by the Deparf- ment of Water and Power of the City of Los Angeles. He stated thaf over 30 organizations, as well as the Supervisors of the nine counties in the San Joaquin Valley Supervisors Association, have gone on record in opposition to the development. He spoke of the potential dangers of the nuclear plant to the area environment and economic structure, that there is not a drop of water to spare or trade in Tulare County, whether it be from Success Lake or the Friant-Kern Canal, that this industry would not be paying taxes on the same basis as other property owners, thereby placing addi- tional taxes on people already overburdened with taxes. Bakersfield, California, March 27, 1972 - Page 2 He stated that Kern County will be greatly affected if the amount of land which will be condemned through eminent domain for right of way for the plant is considered. He asked for a united front against Los Angeles County infringement in this area, and solicited Council support to oppose the nuclear development. He submitted the Resolution adopted by the San Joaquin Valley Supervisors' Association to the Council for its information. Councilman Heisey commented that he finds it difficult to understand Mr. Delano's evaluation of this project before the studies are completed and the facts are released, however, it is easy to become alarmed about rumors. Perhaps power plants have certain shortcomings, but he prefers to wait until all the facts are in his possession before he comes to any conclusion or makes any decision on the matter. He moved that the Resolution of the San Joaquin Valley Supervisors' Association be received and referred to the City Attorney for study and evaluation, and to determine what action should be taken by the Council, if it does become involved. Vote taken on the motion carried unanimously. Mr. Bob Jennings, Administrative Assistant to Congressman Bob Mathias, stated that he had been requested by the Congressman to appear before the Council and formally present the results of the GAO investigation of the Kern County Economic Opportunity Corporation. Last year the Council adopted a resolution asking Congressman Mathias to request an investigation by the General Accounting Office, the investigative arm of Congress. The Board of Supervisors passed a similar resolution. The investigation began in June, 1971 and was completed in December, 1971. The report was received March 21, 1972 and Congressman Mathias had written a letter to Mayor Hart outlining the findings of the study in brief form. Mr. Jennings then presented the report to the Council. Councilman Heisey stated that as there was only one copy of the report available, he would ask the City Manager to have sufficient copies duplicated for each member of the Council. He Bakersfield, California, March 27, 1972 - Page 3 157 has seen the report and has so commented at the are carried out as outlined, more efficient organization. and personally believes it is an excellent one press conference. If the recommendations he is sure the KCEOC will be a much They have not only eliminated the subversive signs and pictures which prompted the investigation, but they have an entire new management team which appears to be dedicated to carrying out the objectives of OEO as they have been outlined in the past. Mrs. Jill Haddad, Chairman of the Citizens Committee for reinstatement of Don Lake, Ex-City Fireman who was tried on a petty theft charge by the Municipal Court and found not guilty by a jury, and was subsequently tried before the Fire Department Civil Service Board, found guilty of violation of Article 17, Section 7 and Section 74 of the Rules and Regulations of and was discharged from the service of the of his suspension from the Fire Department. the Fire Department, City effective the date She stated that she was appearing before the Council requesting a check of the incon- sistency of the Fire Department Civil Service Board and the archate laws of the City Charter. She also asked to be advised which Boards of Appeal she should appear before to have action taken against all other moonlighting offenders, and to question the conduct and statements made by the City Attorney at the hearings before the Trial Board. Councilman Bleecker commented that the City Council is the proper body to bring any charges against the City Attorney. Mr. Bergen pointed out that the City Attorney is appointed by the Council under Civil Service. Councilman Bleecker stated many statements have been made that persons moonlighting or holding part-time jobs contrary to the Charter section prohibiting this, would be reported to the City Council. He asked Mrs. Haddad if she has a list and proof that this was being done, and she said she had a list of 45 Firemen who admitted that they were moonlighting, and she will submit a list to the Council of all offenders in the Fire Department as soon as it is completed. She said she is certain that many Firemen will come forward and sign affidavits to the effect that they are working at part-time jobs on their days off. Bakersfield, California, March 27, 1972 - Page 4 After discussion, Councilman Thomas moved that the City Attorney be instructed to investigate the possibility of placing a referendum on the November ballot which would amend the City Charter to provide that the Fire Chief would be permitted to grant work permits to those employees engaged in outside employment. Councilman Heisey offered a substitute motion to refer the matter to the Governmental Efficiency and Personnel Committee for study before the City Attorney proceeds with the referendum for the November ballot. Vote taken on the substitute motion carried as follows: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote None Noes: Absent: None Mayor Hart told Mrs. Haddad that she does have recourse and if she feels the Civil Service Board has abused its discretion, she can appeal to the Superior Court. Councilman Bleecker asked Mr. Bergen to make some commen~ of the response that off-duty Firemen made to the call at the Imperial Hotel when it burned down. Mr. Bergen stated that it was his understanding the response was fairly poor, but he does not recall the exact circumstances. Councilman Bleecker asked that these figures be made available for the Council's perusal, indicatJLng those who responded to the call and how long it took to arrive at the fire. Mr. Bergen stated he would have this information sent to the Council. Mr. Hoagland commented that there was a reference made to the City Attorney's conduct before the Trial Board. If the Council is unduly concerned about it, the tapes are available, and any Councilman has access to them. He wished to remind the Council that there were three Attorneys at the trial representing the members of the Fire Department and he has yet to hear from them that they were offended by his conduct. Bakersfield, California, March 27, 1972 - Page 5 Correspondence. Upon a motion by Councilman Rucker, communication from Congressman Bob Mathias addressed to Mayor Hart, outlining briefly GAO findings in connection with an investigation of the activities of the Kern County Economic Opportunity Corporation, was received and ordered placed on file. Upon a motion by Councilman Rucker, communication from the Downtown Business Association endorsing Mayor Hart's recom- mendation that the traffic barriers in the downtown parking mall be made more attractive, and that everything necessary be done to accomplish this project was received and referred to the Business Development and Parking Committee for study. Council Statements. Councilman Bleecker stated that the Council voted unanimously last Monday night to suspend any negotiations with the Kern Community College District in regard to a parking lot on City property, if and when they exercised their option to purchase the Fedway Building. As it would appear that the College District has exercised its option, he moved that the Council's previous action be rescinded, and that the Budget Review and Finance Com- mittee not review the feasibility of using the building for a Police facility. Also, that the staff continue to negotiate with any interested persons for the sale of the parking lot located adjacent to the Fedway Building. This motion carried unanimously. Councilman Rees stated that the Council should have a clear understanding about administrative practices. Last week an inference was made by some inference was supported by without Council authority. own position clear that it Councilmen, and in one instance the him, that the staff is negotiating He stated that he wishes to make his is within the province of the adminis- trative staff to enter into discussions whenever and wherever they feel it is proper for the advantage of the corporate City, since everyone is aware that the ultimate authority will come from the Council. 160 Bakersfield~ California, March 27, 1972 - Page 6 Councilman Whittemore stated that there have been two articles in the Bakersfield Californian regarding the City of Delano requesting the County Fire Department to take over that City's fire fighting duties. One of the statements made was that if the County provided the fire fighting services for the City of Delano~ it would permit that City to have an expanded tax base. He stated that since he has been on the Council~ the eleven incorporated cities have been making a concerted effort to eliminate the duplication of taxes paid by the cities for County services which they do not receive. He asked the City Manager to explore the thinking behind the proposal by the City of Delano. He sees nothing wrong with Delano wanting to form a district and expand its tax bases but if they are requesting that this money be taken from the County's general fund, he feels the City of Bakersfield should go on record as opposing this request. Mr. Bergen reminded the Council that the matter of co- operation with the County Fire Department has been referred to the Governmental Efficiency and Personnel Committee for study sometime before the budget sessions. Councilman Whittemore com- mented this is an entirely different subject. A brief recess was declared at this time. Reports. Councilman Rucker, Chairman of the Auditorium-Recreation Committee, reported on the acquisition and development grant program, stating that last year the Federal Government expanded the open space land acquisition and development grant program. This program known as the "Legacy of Parks" program establishes top priority for the development of land which is already publicly owned. Several months ago, a representative of the Department of Housing and Urban Development (HUD) made a study of this City's parks system, including its 5-year Capital Improvement Plan. As a result, it was established that there are three projects within the City which might quali£y for Federal grants. Those three projects and the estimated development costs are as follows: Bakersfield, California, March 2?, 1972 - Page 7 Project No. 1: Pacheco Green Belt located at Pacheco Road and South H Street. $ 13,000 6,500 2,500 4,000 Total Development Cost Federal Share City's cash contribution In-kind service cost to the City Project No. 2: Grissom and White Lane Park located just north of the City's industrial develop- ment site. $138,000 69,000 44,500 24,500 Total Development Cost Federal Share City's cash contribution In-kind service cost to the City Project No. 3: Lowell Park Swimming Pool. $ 94,000 47,000 46,000 1,000 Total Development Cost Federal Share Local cash contribution In-kind service cost to the Ci'Ly Projects 1 and 2 are located near developed 235 and 236 Housing Projects. The developers in both areas have donated the land to the City for these park sites. Both projects are included in the City's five year Capital Improvement Program. After reviewing these three projects in detail, and acting upon the recommendation of the Citizen's Auditorium-Recreation Committee, this Committee is recommending that the City proceed with the application for the development for the two park sites. Further evaluation will be made of the Lowell Park swimming pool. Filing of an application does not bind the City in any way at this time. If the applications for these projects are approved by HUD, the Council will be asked to sign a contract and budget funds in the 1972-73 Fiscal Year. Councilman Rucker moved adoption of the report. This motion carried unanimously. Adoption of Resolution No. 15-72 authorizing the filing of an Appli- cation with the Department of Housing and Urban Development for a Grant to aid in the Development of the Pacheco Green Belt. Upon a motion by Councilman Rucker, Resolution No. 15-72 authorizing the filing'of an Application with the Department of Housing and Urban Development for a Grant to aid in the development of the Pacheco Green Belt, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: None Bakersfield, California, March 27, 1972 - Page Adoption of Resolution No. 16-72 authorizing the filing of an Appli- cation with the Department of Housing and Urban Development for a Grant to aid in the development of a Park Site at Grissom Street and While Lane. Upon a motion by Councilman Rucker, Resolution No. 16-72 authorizing the filing of an Application with the Department of Housing and Urban Development for a Grant to aid in the developmenl: of a Park Site at Grissom Street and White Lane, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: None Councilman Rucker, Chairman of the Auditorium-Recreation Committee, reported on the subject of Additional Charges for Soft- ball Entry Fees for 1972 season. In the spring of 1966, the City Council established a policy regarding fees and charges for the City Adult Softball and Basketball Programs, as it was established that the teams participating in these activities should pay 50 percent of the total recreation expenditures for these programs. Due to an increase in officiating and material costs and the fact that the City's Parks Division's expenditures have not been included in this fees policy, it has become necessary to increase the fees for the 1972 season. This Committee recommends that the City Council authorize the Recreation Division to charge an additional $10 per team entry fee for the 1972 softball seasons and, in the future, the Recreation Division should charge for these programs accordingly. Upon a motion by Councilman Rucker, the report was adopted. Councilman Rees reported that the Legislative Commiftee was studying two or three legislative bills, and the target dates are such that they will have another week's time to appraise these bills before making a report to the Council. Bakersfield, California, March 27, 1972 - Page 9 163 Consent Calendar. The following items were listed on the Consent Calendar: (a) (b) Allowance of Claims Nos. 3011 to 3062, inclusive, in amount of $63,194.45. Plans and Specifications for Construction of a Pre-engineered Steel Shop Building at Waste Water Treatment Plant No. 2. (c) Easement for vehicular turn around from H. E. Aaron. (d) Request for leave of absence without pay until June 1, 1972 for Alfred Azevedo, Sanitation Crewman I. (e) Construction Change Order No. 1 for Construction of Vernal Place Storm Drain and Pump Station Contract No. 77-71. Upon a motion by Councilman Medders, Items (a), (b), (c), (d) and (e) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Action on Bids. Upon a motion by Councilman Rucker, low bid of San Joaquin Supply Company for annual contract Janitorial Supplies was accepted, all other bids were rejected, and the Mayor was authorized to execute the Contract. Upon a motion by Councilman Whittemore, low bid of Jim Alfter for annual contract for Curbs, Gutters and Sidewalks was accepted, all other bids were rejected, and the Mayor was authorized to execute the Contract. Deferred Business. Upon a motion by Councilman Rucker, Plans and Specifica- tions for the Construction of the California Avenue Park Neighbor- hood Facility were approved. 164 Bakersfield, California, March 27, 1972 - Page l0 First reading of an Ordinance of the Council of the City of Bakersfield adding Section 11.04.797 to the Muni- cipal Code (Speed Limit on White Lane east from South "H" Street to the easterly City Limits). First reading was considered given to an Ordinance of the Council of the City of Bakersfield adding Section 11.04.797 to the Municipal Code (Speed Limit on White Lane east from South "H" Street to the easterly City Limits). Authorization granted the Purchasing Division to invite proposals for discount prices for certain supplies. Upon a motion by Councilman Rees, the Purchasing Division was authorized to invite proposals for discount prices for extra- ordinary office supplies, ordinance printing and automotive parts and supplies from the following: Start-Rite Stationers, Hunter Printing Co. Southern Auto Supply Inc o Authorization was granted to renegotiate agreements with the following vendors: Bakersfield Welding Supply Ba-Valley Industrial Supply Bearing Specialty Co. All Bearing Service Bloxom & Co. Thorp's Harley Davidson Encroachment Permit granted Kenneth D. Taylor for construction of three foot solid board fence at 1904 Custer Avenue. Upon a motion by Councilman Thomas, application for an Encroachment Permit was granted Kenneth D. Taylor to construct a three foot high solid board fence five feet from the curb line at 1904 Custer Avenue subject to the construction of sidewalks along the frontage of this property. Approval of Agreement with Pruitt Trane Service, Inc. to furnish Inspection of Trane Equipment in the Civic Auditorium. Upon a motion by Councilman Bleecker, agreement with Pruitt Trane Service, Inc. for inspection of Trane Equipment in the Civic Auditorium was approved and the Mayer was authorized to execute same. Bakersfield, California, March 27, 1972 - Page Council ing was NAME Tenneco West, Inc. a Delaware Corporation Tract No. This on application Approval of Revised Map of Tract No. 3413. Map of Tract No. 3413 was originally approved by the on March 13, 1972. The waiver of signature for the follow- not indicated on the Map when originally approved: NATURE OF INTEREST Owner of Mineral Rights 500 feet below surface as recorded March 10, 1972, in Book 4650, Page 471, O. R. Upon a motion by Councilman Thomas, the revised Map of 3413 was approved as submitted. Hearings. is the time set for public hearing before an R-3 Office) the Council by Otho G. George to amend the zoning boundaries from (Limited Multiple Family Dwelling) Zone to a C-0 (Professional or more restrictive, Zone, of that certain property commonly known as 1102 - 1106 Eye Street. advertised and posted and notices scribed by Ordinance. The Planning Commission zoning for this property would be This hearing has been duly sent to property owners as pre- is of the opinion that the C-0 compatible with the existing commercial and R-3 uses of adjacent properties and would not be in conflict with the general arrangement of land uses as depicted in the Metropolitan Bakersfield General Plan. Mayor Hart opened the hearing for public participation. No protests or objections being received and no one speaking in favor of the rezoning, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Bleecker, Ordinance No. 2004 New Series amending Title 17 of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that 1102 Ayes: Noes: Absent: certain property in the City of Bakersfield commonly known as 1106 Eye Street, was adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore None None Bakersfield, California, March 27, 1972 - Page 12 This is the time set for public hearing before the Council on an appeal by California Republic Bank to the decision of the Board of Zoning Adjustment granting the application of the Bakers- field Elks Hall Association Ltd. requesting a modification of a C-2 (Commercial) Zone to permit the operation and maintenance of 78 apartment units with reduction of the required off-street parking from 117 to 10 spaces affecting that certain property commonly known as 1525-17th Street. This hearing has been duly advertised and posted and notices sent to property owners as prescribed by Ordinance. The existing Elks Club Building is proposed to be remodeled for the purpose of developing a 78 unit complex to house senior citizens. Said project is within the downtown modification zone (an area determined by the Traffic Authority in which modifications to the parking requirements could be reasonably considered). The Board of Zoning Adjustment was of the opinion the proposed use would be no more detrimental to the off-street parkinE: situation than the previous use and recommended the modification be granted subject to the building being maintained for senior citizens. Mayor Hart declared the meeting open for public partici- pation. Mr. Cicero Goddard stated that he opposes the Elks Organization being permitted to build and operate a senior citizens home as he feels in line with its previous policies, this building would not be opened up to minority tenants. He asked that this application be denied. Mr. William R. Hulsey, Attorney at Law and President of the Elks Hall Association which is the association that owns the title to the Elks Building at 1525 - 17th Street stated that in response to Mr. Goddard's reason for opposing the project, he wished to say that there are restrictions regarding race, renting this building. Federal guidelines which prohibit creed or color of the occupants when Bakersfield, California, March 27, 1972 - Page 13 167 Councilman Rees commented that actually the Council is not considering whether or not this corporation should be permitted to construct and operate the apartment house, but whether there should be a reduction in the number of off-street parking spaces. Mr. Hulsey stated that the Elks Lodge will not be operating this apartment facility, they are merely trying to sell this good building to someone who will have a use for it. The Elks Hall Organization will be unable to continue to pay the City and County taxes unless they can dispose of the building. Mr. Harvey Means, Attorney representing the California Republic Bank, addressed the Council, stating that the Bank is not opposed to the federally subsidized project, in fact they are in favor of the proposed use; his client objects to modification of the parking requirements which would permit 10 parking spaces rather than 117. With the addition of the parking mall and the change in the method of parking, the Bank feels that this project, although worthy, will cause a parking problem. Mr. William Kuhs, Attorney appearing on behalf of adjacent property owner Robert Stoner, expressed opposition to the reduction in the number of parking spaces. He distributed copies of statis- tical information regarding parking at similar HUD sponsored projects in Bakersfield and other cities which he had obtained on the basis of telephone interviews with the project staffs. Mayor Hart asked if there were persons present who wished[ to speak in approval of this modification. Mr. Hulsey, Attorney, stated that the California Republic Bank did not appear before the Board of Zoning Adjustment at the time this modification was requested or express an opinion of any kind. The obvious point to make is that the Zoning Ordinance was adopted many years after the building was built and it did not apply to the businesses already in existence. Mr. Hulsey introduced Mr. Frank Krueger, company Architect for the Urban Housing Company, who has made a study of this particular building. Mr. Krueger and his assistant, Miss Sandra Hartness, Marketing Director of the company, through the use Bakersfield, California, March 27, 1972 - Page 14 of slides, informed the Council o£ some o~ the other projects that they have completed throughout the State of California. His company specializes in purchasing old hotels and buildings and rehibilitat:Lng them for housing for senior citizens. Miss Harthess stated that their company has just been granted a letter of feasibility on the project by HUD after making an intensive survey and analysis of the building. HUD required ten parking spaces which are minimal for this type of project located in a downtown area. She asked that the Council grant their request £or this amount of parking. She stated they are a profit motivated company, that this project will be paying full taxes, they expect the tax base on the building to double, or perhaps triple~ as a result of the rehabilitation. Mr. Krueger stated they will have 80 apartments, which will exceed the minimum code requirements for the City and also £or FHA. When the project is completed, it will have been completely rehabilitated with up to date equipment, which includes kitchenettes, carpets~ drapes and air conditioning, as well as laundry facilities. - It will be limited to those people 55 years of age or older. A large space on the ground floor in the east portion of the building will be remodeled for parking in the existing building. Mr. Ivo Keyser~ Executive Director of the Downtown Business Association, addressed the Council~ stating that the Board of Directors of the Downtown Business Association has gone on record as heartily endorsing a project of this nature. He read letters from other cities~ some of which have approximately 2~000 units in the downtown area. Mr. Keyser stated there are over 130 available parking spaces for rent within a three block area of this project. Mr. Joe Henley, owner of a photo shop on Chester Avenue, _ stated that parking will not be a problem~ that he is very much interested in seeing the building occupied~ and he filed letters from three of his neighbors stating they had no objection to the rehabilitation of the building for senior citizens. Bakersfield, California, March 27, 1972 - Page 15 169 Mr. Jack Lockwood, Secretary-Treasurer of the Bakersfield Elks Hall Association, stated that the people who want to convert this building are capable~ have the funds to carry out the project, and he urged the Council to grant the modification to permit the reduction of the required off-street parking. This is a project that everyone would like to see constructed for the benefit of the City. Mayor Hart closed the public hearing for Council delibera- tion and action. Councilman Bleecker asked the City Attorney if the Council granted the modification and it was found that the parking facilities were overloaded, would it be possible to amend the ordinance to require the tenants of the project to purchase off-street parking to relieve the congestion. Mr. Hoagland stated the Council's decision tonight cannot be reversed at a later date, however, the City could enforce the ordinance prohibiting overnight parking as a means to force the tenants to secure off-street parking. Councilman Bleecker moved adoption of Zoning Resolution No. 235 granting Modification of the Land Use Zoning Ordinance of the City of Bakersfield to permit the operation and maintenance of 78 apartment units with reduction of the required off-street parking from 117 to 10 spaces. Councilman Thomas commented to Miss Hartness that to his knowledge there were no grocery store facilities in the vicinity to accomodate the tenants in this building. Mr. Lockwood stated there was a full sized grocery store within seven blocks of the building at 10th and "D" Streets, which is about one-half mile from the project. Roll call vote taken on the motion carried as follows: Ayes: Councilmen Bleecker, Heisey, Medders, Thomas, Whirremote Noes: None Absent: None Rees, Rucker, 1_70 Bakersfield, California, March 27, 1972 - Page 16 Mrs. Don Lake requested permission from the Mayor to direct two questions to the City Attorney regarding her husband's trial before the Bakersfield Fire Department Civil Service Board which resulted in termination of his position. Mayor Hart stated thai this matter had already been referred to a Council Committee and a report would be made to the Council at a later date. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Rucker, the meeting was adjourned at 10:20 P.M. MAYOR of ~h~+~ t akersfield, ATTEST: ¢! '~f ~L~RK and Ex-OYflcio ~Ierk of the Council of the City of Bakersfield, California Calif.