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HomeMy WebLinkAboutOCT - DEC 1971Bakersfield, California, October 4, 1971 217 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., October 4, 1971. to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Gordon Gilbert of the University 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 September 20, 1971 were approved as presented. Scheduled Public Statements. Mr. Harvey Means, Attorney representing the California Republic Bank whose main office is located on the southwest inter- section of Eye Street and Truxtun Avenue, addressed the Council relative to a recently adopted ordinance which extended the parking mall to Truxtun Avenue and would make Eye Street a one-way street to that point. He stated that the bank is extremely concerned in that Eye Street becoming a one-way street between Truxtun Avenue and l?th Street will have an adverse affect upon the bank and many of the bank's customers, and will create a traffic hazard. He pointed out that the California Republic Bank has been designated to cash unemployment vouchers issued by the Department of Human Resources Development which has resulted in a tremendous increase in business transacted at the bank and also in traffic into the bank's off-street parking lot. He asked that the Council rescind that portion of the ordinance making Eye Street a one-way street between Truxtun Avenue and l?th Street. Also voicing opposition was Mr. Ray Griffith, owner and operator of the Arco Station at the intersection of l?th and Eye Streets who stated that making Eye Street a one-way street will virtually close his station. He has already suffered a considerable decrease in the gallonage pumped at his station due to the present parking mall. 2t8 Bakersfield~ California, October 4, 1971 - Page 2 Mr. Max Amstutz, President of the Downtown Business Association, addressed the Council, stating that as previously indicated to the Council and at the traffic committee meetings, the Board of Directors of the Downtown Business Association supported the Bakersfield Police Department and concurred with the decision of the Traffic Authority to expand the parking mall. The DBA does not want to jeopardize the future expansion of the mall, as downtown has experienced an increase in business since the mall was established. Councilman Whittemore stated that originally he favored the downtown mall because it was something the DBA had requested to increase business. The Council has always assisted businesses whenever possible; however, he feels that the requests of the two businesses involved should be studied again by the Business Develop- merit and Parking Committee before the parking mall is extended to Truxtun Avenue. Councilman Bleecker, Chairman of the Business Development; and Parking Committee, commented that both businesses are in his ward. He has had only a very brief opportunity to read a report made by Captain R. O. Price of the Traffic Authority Division regarding the mall extension which was given to the Council at the Caucus meeting. He is concerned when two businesses will apparently suffer if the proposed plan is not modified, and moved that the matter be referred to the Business Development and Parking' Committee for study and recommendation back to the Council. Mr. Bergen advised that the ordinance expanding the mall has not as yet become effective and implementation of the ordinance will be held up until after the committee reports back to the Council. Vote taken on Councilman Bleecker's motion carried unanimously. Councilman Heisey moved that the report from Captain R. O. Price of the Traffic Division regarding the extension of the Mall be received and ordered placed on file, and copies be made available to Mr. Means and Mr. Griffith. This motion carried unanimously. The City Clerk Ervin Berrigan, in which appointee to Correspondence. read a communication from Mr. and Mrs. it was stated that Councilman Bleecker's the Citizens Advisory Committee for Freeway Development, Bakersfield, California, October 4, 1971 - Page 3 519 Mr. John Fortenberry, had circulated a petition at a PTA meeting in opposition to the corridor freeway route and therefore should not be considered unbiased and able to give a fair and impartial recommendation on a freeway route to the Council. Councilman Whittemore commented that he would think an investigation should be made and if this allegation is found to be true, the appointment to the Citizens Advisory Committee should be rescinded. Councilman Bleecker stated that evidently there was a misunderstanding expressed in the letter of some statement he has made and also a misunderstanding of action taken by his appointee to the Freeway Committee. He reminded the Council that on or about May 19, 1971, he made certain criticisms of the Engineer for the State of California whose job it was and around the City of Bakersfield. Bakersfield Californian "24th Street to study freeway routes in Under a headline in the Freeway Needed", the State Engineer said "If you don't put a freeway through here, referring to the 23rd-24th Street corridor, you will have worse problems than you have today.." Councilman Bleecker stated this statement by the State Engineer exceeded his authority and prejudiced future deliberations of the Freeway Committee. The State should not engage in publicity to support its own pre-conceived route pre- ferences. He stated that Mr. Fortenberry was present in the audience and he asked that he be recognized in order to give his account of what happened at the ice cream social and to advise the Council of the wording of the petition which is referred to in the letter from Mr. and Mrs. Berrigan. Mr. John Fortenberry addressed the Council, stating that he resides at 2323 Spruce Street and when he attended a PTA Ice Cream Social recently, the auditorium was already filled and he was forced to stand outside where he brought up his petition and his friends and other interested persons affixed their signatures. He did not go into the PTA meeting and present his petition. At the time Mr. Bleecker appointed him to the Freeway Committee, he had no knowledge that Mr. Fortenberry was circulating a petition in protest to the corridor freeway. Bakersfield, California, October 4, 1971 - Page 4 He stated that he has opinions regarding the freeway which are the result of years of study. He had taken this freeway matter very seriously before he was appointed to the Committee, and he is still taking it very conscientiously even though the Committee has not as yet held a meeting. He has spoken to at least 200 residents whose homes will be taken by the freeway should it go through the 23rd-24th Street corridor, and to others. He has tried to educate himself to what the people want, and he has been educated by the opinions of many other people who are repre- sentative of the area. Should someone be able to convince him that the freeway belongs in this area, he will probably change his opinion, if he felt it were for the good of the City. He has picked no set route because it is still open to study, and he stressed that he is not opposed to freeways per se. the petition he circulated as follows: "We to express out opposition to a freeway link corridor connecting the so-called crosstown He read the text of the undersigned wish to the 23rd-24th Street freeway with Highway 99. residential and business areas Mr. Fortenberry went the 77 homes and 49 businesses We recommend circumvention of, rather than the destruction of within our City." on to say that in order to acquire in this area which would be required for the right of way for the freeway, it would cost about $20,000,000, which would be coming off the tax rolls. It has been estimated by the State that the total cost of the freeway will be $208,000,000, which is approximately six times the Bakersfield City School District taxes for the entire year. Councilman Thomas asked Mr. Fortenberry if at the time he was appointed to the Freeway Committee he informed Councilman Bleecker that he was circulating a petition opposing the freeway. Mr. Fortenberry stated that he did not believe Mr. Bleecker had any knowledge of the petition, but he was aware that Mr. Fortenberry was opposed to the freeway, as he had spoken out in opposition to the freeway at the City Planning meeting on the proposed freeway route, where Mr. Bleecker was present. Bakersfield, California, October 4, 1971 - Page 5 After some additional discussion, Councilman Heisey, Chairman of the Citizens Advisory Committee for Freeway Develop- ment, remarked that a divergence of opinion is necessary, but this isn't the time or place to hold a freeway hearing, there is a large Committee appointed for this purpose, and the place to study this matter is at the Committee level. Council Statements. Councilman Heisey commented on a recent feature article on the City of Bakersfield printed in the "West" Magazine of the Los Angeles Times, which took a very negative approach, was biased, derogatory, completely unjusttried, and may have damaged the City's reputation throughout the State. He complimented the Bakersfield Californian on its answer to the article and moved that Mayor Hart direct a letter to the Times Publisher, Mr. Otis Chandler, with copies to his editors, expressing the indignation of the citizens of Bakersfield at the scurrilous article printed in his newspaper. All members of the Council supported this motion, which carried unanimously. Councilman Rucker commented that the crossing guard at Beale and California Avenues has encountered problems with fast traffic at these locations and requested the City Manager to look into the possibility of indicating in some manner that there is a school crossing at these locations in order to slow down the traffic. He also asked the City Manager to provide signs indicating pedes- trian crosswalks at the intersections of Clarendon Street and Ralston Street with Lakeview Avenue. Councilman Whirremote asked the City Manager to call an organizational meeting of the Citizens Advisory Committee for the Kern County Council of Governments in the very near future. Councilman Medders stated that the people living on the west side of the freeway on that portion of California Avenue recently annexed to the City are having.problems with Cable TV reception. Mr. Bergen stated that this area is served by Kern 200 Bakersfield, California, October 4, 1971 - Page 6 Cable Company. Councilman Rucker commented that some of his con- stituents are also having Cable TV problems and Mr. Bergen stated he would check into the matter and report back to the Council. Councilman Thomas commented on a traffic problem existing at Wilson Road and Castro Lane suggesting that either a signal or a motorcycle officer be provided at that location. Consent Calendar. The following items were listed under the Consent Calendar: (a) Allowance of Claims Nos. 856 to 986 inclusive, in amount of $130,278.59. (b) Construction Change Order No. 1 to Con- tract No. 69-71, Construction of Sanitary Sewer in Belle Terrace and Relocation of Sanitary Sewer in Summer Tree Lane. (c) Construction Change Order No. 1 to Con- tract No. 31-71 for Improvement of Ming Avenue between Stine Road and Real Road and the Paving of Median Islands on New Stine Road from Stockdale Highway to Sundale Avenue. (d) Acceptance of Work and Notice of Completion for Contract No. 31-71 for Improvement of Ming Avenue between Stine Road and Real Road and the Paving of Median Islands on New Stine Road from Stockdale Highway to Sundale Avenue. (e) Street Right of Way Easement from Stock- dale Development Corporation. (f) Construction Change Order No. 3 for Con- tract No. 108-70, Construction of Water Pollution Control Facility (Sewage Treatment Plant No. 3). (g) Application for Encroachment Permit from Robert G. Monson, 1001H Street. (h) Street Right of Way Deed from Watson Realty Company and S. G. E. Investment Company. Upon a motion by Councilman Medders, Items (a), (b), (c), (d), (e), (f), (g) and (h) of the Consent Calendar were adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Bakersfield, California, October 4, 1971 - Page 7 Adoption of Ordinance No. 1968 New Series of the Council of the City of Bakersfield amending the Municipal Code of the City of Bakersfield by amending Sections 11.04.783 (Speed Limit on Niles Street) and 11.04.784 (Speed Limit on Monterey Street). Upon a motion by Councilman Bleecker, Ordinance No. 1968 New Series of the Council of the City of Bakersfield amending the Municipal Code of the City of Bakersfield by amending Sections 11.04.783 (Speed Limit on Niles Street) and 11.04.784 (Speed Limit on Monterey Street), was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Adoption of Ordinance No. 1969 New Series of the Council of the City of Bakersfield amending Section 11.04.460 of Chapter 11.04 of Title 11 of the Municipal Code regulating Traffic in the City of Bakersfield. Upon a motion by Councilman Rucker, Ordinance No. 1969 New Series of the Council of the City of Bakersfield amending Section 11.04.460 of Chapter 11.04 of Title 11 of the Municipal Code regulating Traffic in the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: None Adoption of Resolution of Intention No. 865 of the Council of the City of Bakersfield declaring its inten- tion to order the vacation of a portion of Inyo Street, in the City of Bakersfield, State of California. Upon a motion by Councilman Heisey, Resolution of Inten- tion No. 865 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of Inyo Street in the City of Bakersfield, State of California, and fixing date of October 18, 1971 for hearing on the matter before the Council, was 224 Bakersfield, California, October 4, 1971 Page 8 adopted by Ayes: the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas~ Whirremote Noes: None Absent: None Claim for damages from Mark Anthony, Simon and Irmalinda Chavez, referred to the City Attorney. Upon a motion by Councilman Medders, Claim for damages from Mark Anthony, Simon and Irmalinda Chavez was referred to the City Attorney. 90 Day Leave of Absence without Pay granted J. C. Phillips, Sanitation Crewman I. Upon a motion by Councilman Rucker, 90 Day Leave of Absence without Pay was granted J. C. Phillips, Sanitation Crewman Adoption of Resolution No. 68-71 of Application by the Council of the City of Bakersfield detaching the recently annexed territory designa- ted as Brundage No. 2 from the Union Avenue Sanitation District. Upon a motion by Councilman Rucker, Resolution No. 68-71 of Application by the Council of the City of Bakersfield detaching the recently annexed territory designated as Brundage No. 2 from the Union Avenue Sanitation District, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Bakersfield, California, October 4, 1971 - Page 9 225 Adoption of Resolution No. 69-71 acceptin~ under protest, the Federal- Aid Urban Street System and requesting an opportunity to revise the classifi- cation of streets in the Bakersfield Area. Upon a motion by Councilman Whittemore, Resolution 69-71 accepting, under protest, the Federal-Aid Urban Street System and of streets vote: Ayes: NO. requesting an opportunity to revise the classification in the Bakersfield area, was adopted by the following Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: None Adjournment. There being no further business Council, upon a motion by Councilman Heisey, adjourned at 9:20 P.M. to come before the the meeting was MAYOR ~Li/~ of~CBak~ers fi o~/ .... eld, Calif. ATTEST: cou c. of the City of Bakersfield, California Bakersfield, California, October 18, 1971 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., October 18, 1971. to order by Mayor Hart followed by Cragg of the Pledge of Allegiance and Invocation by the Reverend Kenneth the Northminster Presbyterian Church. The City Clerk called the roll as follows: Present: Mayor Hart. Absent: None Minutes Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore of the regular meeting of October 4, 1971 were approved as presented. Presentation of Certificates of Completion. Mayor Hart presented Certificates of Completion to Woodrow J. Laviolette, Bob G. Gibson and Ronald E. Owens, who have completed a 44-week educational program lot Waste Water Treatment Plant Operators sponsored by the Environmental Protection Agency, the State Water Resources Control Board, the City of Visalia and the Sacramento State College. Scheduled Public Statements. Mrs. Phyllis Dabbs, who resides at 5200 Ojai Drive, addressed the Council, stating that she represents the residents, students, parents, teachers and neighbors in the Eissler Elementary, Chipman Junior High and Highland High School areas. She pointed out that Auburn Street between Oswell Street and the three schools is the only access road to these schools. In order to provide safe biking to the schools, it will be necessary to improve Auburn Street, as at the present time there is no paved shoulder, no curbing, and just enough roadway for auto and bus traffic. She urged the City Council to initiate action to provide a suitable bikeway on Auburn Street in order to prevent the children attending the three schools. from becoming accident statistics. Councilman Heisey commended Mrs. Dabbs on her excellent presentation and stated that about six or eight weeks ago the Bakersf±eld, Cal±forn±a, October 18, 1971 - Page 2 Council directed the staff to make a study of bike lanes, and he would imagine that the report is about ready for presentation. He moved that Mrs. Dabbs' comments be received and referred to the Traffic Authority and that the City Manager give the Council some indication of the progress made on the study that has been under preparation for the past several weeks. Miss Chris Williams, a member of the Highland High School Executive Council, addressed the Council, stating that she has been riding her bike to school on Auburn Street for over a year. During the past year she has been run off the road many times by cars as well as by school buses. Because Auburn Street is the only access road to a block of three schools, the students feel that a bikeway is badly needed. She stated that the Highland Executive Council has drafted letters to the City Council, the County Board of Super-- visors, the Bakersfield Californian and the News Bulletin, requesting support for the construction of a bikeway on Auburn Street. She filed a petition containing the signatures of 1178 persons re- questing the City Council of the City of Bakersfield to provide paved bicycle lanes between Oswell and Highland High on both sides of Auburn Street. City Manager Bergen stressed the fact that it is not the responsibility of the City to make street improvements, such as curb, gutter and sidewalks. This is the responsibility of the adjacent developer. Unfortunately, the City finds itself with three schools located a half to three-quarters of a mile within undeveloped property. To further intensify the problem, no time table has been set up for development of the area, and the only access road is Auburn Street which is only partially developed. The staff agrees that temporary facilities for pedestrians and bicycles should be provided. The staff has met with the school officials and has considered several alternatives for providing for a temporary facility which would allow pedestrian and bicycle movement on Auburn Street. The present plans are to use oil mix which will be put down and graded. Further meetings will be held with the Traffic Authority and the school officials within the next week or two to make a final determination on the locations. 2'28 Bakersfield, California, October 18, 1971 - Page 3 Councilman Heisey included in his motion that the comments from Miss Chris Williams be referred to the Traffic Authority for study and that the City proceed as outlined by the City Manager. Councilman Rees stated that he is the Councilman from the Third Ward where these three schools are located. He is im- pressed with the interest taken in this matter by the student body representated by Miss Chris Williams, and he is convinced, after his conversations with City Manager Bergen and Director of Public Works Jing, that they are wholeheartedly behind this effort. He pointed out that the construction of a bikeway is not being done for the benefit of the developers. It is something that has been referred to as temporary, but if it works, he is in favor of it. He congratualted Dr. Dabbs for her excellent presentation, con- gratulated Miss Williams and her fellow students for obtaining the signatures on the petitions, and expressed the hope that the City's efforts will solve the problem satisfactorily. Vote taken on Councilman Heisey's motion carried unani- mously. Mr. Leonard Kranenburg, who resides at 9302 Gladys Street, addressed the Council, stating that he is the owner of several apartments on Pacific Street in the City of Bakersfield. He voiced his opposition to the proposed refuse collection rates to be imposed on all property in the City of Bakersfield except single family dwellings. He stated that the charge per month of $2.48, or $29.76 a year, is in excess of the $1.76 a month a single family dwelling of the same valuation would be required to pay. The apartment renters will be paying the charge of $1.76 per month plus the additional charge of $2.48 indirectly through their rent, making a total of $4.24 per month for refuse collection for one unit, or 240% more for the same, or less service. He feels that the renter is being penalized for being a renter, that he is going to carry the biggest part of the load to retirees on fixed income, a home, or those who wish to for refuse collection. This is unfair to people who cannot financially buy live in apartments. In other words, Bakersfield, California, October 18, 1971 - Page 4 generally, people in the lower income brackets will be paying the higher fees or tax for refuse collection in the City. He feels that this is a gross inequity and is discriminating to renters. He stated that if the City wishes to continue in the refuse collec- tion service, apartments and condominiums should be exempt the same as the single family dwellings. He suggested that private enter- prise take over the refuse collection service for the City, that it charge according to the use, and the City Council collect fees for franchises and licenses. By adopting this method, the City could sell its equipment, eliminate tax exempt City yards, put the money in the general fund and eliminate the 71~ on the present tax base. Councilman Heisey stated he concurs that there are some gross inequities in the present ordinance and the charges currently being proposed. If it was proposed that everyone who uses the service, pay for it on a user-pay basis, the inequities and the opposition would disappear. He moved that Mr. Kranenburg's comments be referred to the Governmental Efficiency and Personnel Committee for study and evaluation. This motion carried unanimously. Correspondence. Mayor Hart commented that the Council had directed him to write a letter to the publisher of the Los Angeles Times to express the indignation of the community with an article in the September 26, 1971 issue of the "West" magazine which was written by Mr. Charles T. Powers, staff writer for the paper. He stated he was seeking the Council's opinion on the possibility of filing a class action suit against the L. A. Times on behalf of the citizens of Bakersfield. He read his letter, directed to Mr. Otis Chandler, publisher of the Los Angeles Times, into the record as follows: I have been directed by the Council of the City of Bakersfield to communicate with you and your staff the displeasure of this community with the article in your Sunday, September 26, issue of "West" that referred to Bakersfield in a most abusive and inaccurate fashion. I am sure that the lack of integrity displayed by Mr. Powers and Mr. Salisbury would have sorely troubled Bakersfield, California, October 18, 1971 - Page 5 Mr. Harrison Gray Otis and Mr. Harry Chandler, and I cannot believe Mr. Norman Chandler would have published such a muckraking article inas- much as his great service to the State and nation and his desire for honesty and fair play are widely known. Also, I am reasonably certain that if you had had full awareness of the effect and implications of this article you would not have permitted its publication. The contributions of this area to the sciences, to education, to the music world, and to the economy of this nation leave me secure in the knowledge that the article is without merit. I request you and your staff to send into the area reporters and photographers and ask that they seek out the truth about the other 99.99% of the people in this community who were denied consideration in the article as it was published. Out local daily newspaper, The Bakersfield Californian, under the signature of the Managing Editor, pointed out some of the inaccuracies in your article, and an editorial in the Friday, October 1 issue further verifies what I have stated to you, as well as an editorial in the semi-weekly Bakersfield News Bulletin (copies enclosed). I am reasonably sure that the letter by Mr. Don Fritts, Publishers of The Bakersfield California, and others that you have received should impress you with the many shortcomings involved in the story. Communications are directed to my office from people in various parts of this country and in some instances many areas of the world, one of the most recent of which refers to "wonderful Bakersfield and its beautiful people." It seems rather apropos that I include this phrase in my letter inasmuch as this is the usual reaction to this community and its inhabitants. I wish to add that we are very proud of the people who over the many years have migrated into Bakersfield and proven time and again that here the American dream can come true if you want to achieve it badly enough to work for it. I believe that it is this spirit that built this nation and, God willing, I hope that other per- sons will come to Bakersfield and that they and the descendants of these people that Mr. Powers speaks so mockingly of continue to contribute their industry and vitality to this City, this State, and Nation, for without them and their kind, the people of courage and vision and determination, this nation would not continue to prosper, and I am afraid would disappear from its position of leadership in the world. On behalf of the citizens of this City and its Council, I therefore urgently request your prompt and sufficient publication of the truth about Bakersfield so as to mitigate to the extend still possible the damages caused by your purposeless publication which was so de- grading and insulting to us all. Bakersfield, California, October 18, 1971 - Page 6 ~31 In closing might I add that I recall there is an inscription under the statue of your grand- father in the lobby of the Times Building that reads: "He thought great thoughts and did great things." I feel that this inscription reflects the thinking of a multitude of people about the leadership of your family in the world of journalism. I ask that you bear it in mind when you consider my request stated in this letter. Mayor Hart stated that newspapers are not infallible. It is the considered opinion of a number of attorneys of this community that the City has grounds for a class action suit in behalf of this community. He said that he feels a disservice was done to Bakersfield by this article in the sense that any organi- zation considering holding a convention in the City might give it second thoughts. He does not intend to involve the City Attorney but does intend to ask the Local Bar Association to appoint a committee to investigate the feasibility of taking some legal recourse against the Los Angeles Times in behalf of the citizens of Bakersfield. All members of the Council agreed that an injustice has been done to the City of Bakersfield and commended the Mayor on the splendid letter he had written to the Los Angeles Times. It was moved by Councilman Bleecker that a Committee of the Local Bar Association be asked to investigate this matter and report on the course of action to be taken by the Council. This motion carried unanimously. Mayor Hart requested to be excused from the meeting due to illness, and Vice-Mayor Whirremote acted as Chairman for the meeting. Upon a motion by Councilman Rees, communication from Bob Mathias, U.S. Congressman, concerning the construction of Section 235 and 236 Housing Projects in southwest Bakersfield and enclosing a copy of a letter recently received from the Acting Area Director of the Los Angeles Office of HUD on this subject, was received and ordered placed on file. Upon a motion by Councilman Bleecker, communication from John D. Ehrlichman, Assistant to the President for Domestic Affairs, regarding the location of a Space Shuttle Facility at Edwards Air Force Base, and advice from Mr. Robert Finch's office telephoned direct from Washington, that he will do all that he can to support this issue, were received and ordered placed on file. Bakersfield, California, October 18, 1971 - Page 7 Upon a motion by Councilman Bleecker, communication from Mr. Milton Miller addressed to the members of the City Council and members of the Police Department Civil Service Commission, in connection with a request for hearing under the City Charter, was received and ordered placed on file. Council Statements. Councilman Don Thomas filed three letters and a petition containing the signatures of 106 property owners and residents on South Chester Avenue from the 600 block to and including the 1500 block, who stated they want the two way side streets back as they were before. They believe that with signals at Belle Terrace and South Chester it would be possible to make a left and/or right turn onto South Chester from the side streets. They do not want the islands taken out, as it would be almost impossible to back out of their driveways with the fast traffic up and down South Chester Avenue. Councilman Thomas asked Public Works Director Jing to set up a meeting either in the Council Chambers or at one of the schools, and have members of the Traffic Authority present to answer questions, to discuss the matter with the interested citizens of the area with the idea of working out a solution to everyone's mutual satisfaction. Mr. Jing stated he would arrange for a meeting sometime next week after Captain Price returns to the City. Councilman Heisey asked the staff to clarify a recent article printed in the newspaper on Friday, October 15, requiring the flameproofing of floats entered in parades. It has not been widely publicized that this was required, and several merchants who sell this material and specialize in building floats have a large invenfory on hand for use in the upcoming parades. City Attorney Hoagland stated he had no knowledge of this regulation, but he will look into the matter and inform the Council. Councilman Heisey stated that since no one was aware of the existence of this rule, enforcement should perhaps be delayed until after the first of the year. A check with the Fire Marshal revealed that authority for requiring the fireproofing of flammable materials is contained in Article 26 of the Uniform Fire Code. It has been 233 Bakersfield, California, October 18, 1971 - Page 8 brought to his attention on October 4, 1971, that many of the floats entered in parades are in an unsafe condition, and as a result, he issued an order that required all float decorations to be constructed of fire resistant materials. Councilman Heisey moved that this regulation become effective 30 days from the date this regulation was first broughl to the attention of the public, and Councilman Whittemore commented that he agreed with this motion, as this order would have destroyed the Veteran's Day Parade. However, since it is part of the Fire Code, it should be enforced within the 30 day period. Vote taken on Councilman Heisey's motion carried unanimously. Councilman Medders commented that at times people who work hard to promote the City and the interests of the Bakersfield area are overlooked. He would like to take this opportunity to commend Herman Riese, Director of Recreation, for securing the 1973 AAU Track and Field Meet for Bakersfield. The Committee he repre- sents has worked diligently for years to put this City on the map, both nationally and internationally. He extended his congratulations to Herman Riese for a job well-done. Reports. Councilman Keith Bleecker, Chairman of the Business Development and Parking Committee, read the following report on the subject of Extension of Downtown Mall and Anti-Peddling Ordinance. The Business Development and Parking Committee recently met with members of the Downtown Business Association, representatives of the California Republic Bank, Ray Griffith of Griffith's Arco Service Station, Captain Robert Price of the Bakersfield Police Depart- ment and members of the Administrative Staff regarding extension of the downtown mall. After hearing the pros and cons regarding this extension and the Traffic Engineer's report, this Committee is recommending that the present central parking mall ordinance be amended to implement making a one-way street of 17th Street going west between Chester Avenue on the west and "L" Street on the east. "K" Street will be extended as a one-way street going north from Truxtun Avenue to 18th Street. 234 Bakersfield, California, October 18, 1971 - Page 9 Because of several problems which would exist if the mall were extended west of Chester Ave- nue, this Committee is recommending that further study be made in this area, including the possibility of making northbound traffic only on "L" Street and southbound traffic only on "K" Street. This Committee would further recom- mend that the extension of the mall east of Chester Avenue be implemented promptly, as the downtown business merchants have indicated that the Christmas season is soon approaching and this additional parking would be of great benefit to them. In regard to Mayor Hart's request of some months ago that the Business Development and Parking Committee look into the feasibility of an anti- peddling ordinance in residential areas, this Committee met with the City's Administrative Staff, Captain Dalley of the Bakersfield Police Department, representatives of the Downtown Business Association and a representative from the Better Business Bureau. As a regult of this meeting, it is this Committee's feeling that there is not a need for additional ordinances at this time regarding this matter, as the present laws are sufficient to handle this problem. Mr. Joe Henley, owner and operator of a photo shop at 1673 Chester Avenue in the downtown area, addressed the Council, stating that parking in the downtown area has become a very serious problem, Chester Avenue. To compete with the outlying areas, with the mall conditions downtown now, the merchants borhood need additional and convenient parking along and he is particularly concerned with the parking west of and particularly in his neigh- the west side of Chester Avenue and along 17th Street. These businesses feel that the extension of the parking mall would be of great benefit to them and would appreciate the plan to extend the parking mall being put into effect as soon as possible, if necessary on a three month trial basis. Leaving the parking on 17th Street, is really the key to the whole situation. Mr. Ray Griffith of Griffith's Arco Station was asked if he wished to comment, and he declined to do so stating he had nothing to add to Mr. Henley's remarks. Councilman Heisey commented that Mr. Henley's request was very reasonable and it is most urgent that something be done immediately for the Christmas season. Councilman Thomas stated at the Committee meeting he was opposed to removing the one quadrant only because he was opposed to Bakersfield, California, October 18, 1971 - Page 10 what it would do to the boundaries, so he was opposed to extending the mall at that time. He discussed it with the Committee and agreed to taking out the quadrant on the recommendation of Captain Price who advised the Committee that it would be wise to either take out the whole quadrant or leave it in its entirety, as other- wise it would create a traffic hazard. Councilman Rucker stated that as a member of the Committee he attended the meeting. His main concern was for the businesses on Eye Street who had requested that the parking mall not be extended to Truxtun Avenue. He also considered those businesses who would be hurt if the extension of the mall was denied, which has been supported by Mr. Henley's remarks here tonight. He is concerned with doing the greatest good for the greatest number of people. If this can be done by granting the mall extension, he would vote in favor of it. Councilman Medders read a letter from a group of senior citizens stating that in a discussion at Community House relative to the present mall in Bakersfield, the enthusiastic negative re- actions lead the writer to believe that the Council should take some type of opinion poll among many groups, the older and the younger. In a discussion relative to reversing the direction of parking on the two streets as mentioned, Mr. Jing stated he would not think there would be time to implement this before the Christmas season, as all of the existing markings for parking would need to be removed and new ones painted in. Councilman Rucker commented that he was opposed to reversing the direction of parking on the two streets, as he felt it would be confusing and inconvenient to the public who has become accustomed to the present mall. Councilman Rees stated that he feels the Council should lean heavily on the recommendation of the Committee which has made a study of this problem, but he is also influenced by the requests of civic minded businessmen who are interested in the welfare of downtown and in whom he has complete confidence, therefore he would move to adopt the mall extension plan as originally presented for a three month trial period, and have it reevaluated at that time by the Business Development and Parking Committee. Bakersfield, California, October 18, 1971 - Page 11 Councilman Whittemore stated that the unfortunate thing is that Captain Price is not present this evening to clear up some of the confusion that exists. During the 90-day period he would think that the block between 17th and Truxtun on Eye Street should remain open in order to accomodate the two businesses who have requested that this be done. He would like to see the businessmen given every parking space that is available, but he feels the motion should be amended to delete this one block. Councilman Heisey then offered a substitute motion that the plan for extending the downtown parking mall as originally presented be adopted, but the one block north of Truxtun Avenue on Eye Street be continued as a two-way street. Councilman Bleecker stated that it was on the advice of Captain Price that a recommendation was not made in tonight's report that Eye Street between Truxtun and 17th Street remain a two-way street. If it is the concensus of the Committee and the Council feels that it is justified, the report can be amended to approve the extension of the parking mall as presented to the Committee with the exception of the one block on Eye Street between Truxtun and 17th Street. After additional discussion, Councilman Bleecker stated that he would offer an amendment to the substitute motion, that the Council consider adoption of the report as written, but incor- porate Councilman Heisey's motion that the plan for extending the downtown parking mall as originally presented be adopted, deleting the one block on Eye Street between Truxtun Avenue and 17th Street, which is to remain a two-way street, on a three month temporary basis. Ayes: Noes: Absent: Roll call vote taken on this motion carried as follows: Councilmen Bleecker, Heisey, Medders, Rucker, Thomas, Whittemore Councilman Rees None Bakersfield, California, October 18, 1971 - Page 12 237 City Attorney Hoagland reminded the Council that this action will require amending the existing ordinance, and asked that this be considered first reading of the ordinance. Council- man Medders moved that this be first reading of the ordinance, which carried unanimously. Re-appointment of Councilman Rucker as Member of the' Board of Charity Appeals and Solicitations. Upon a motion by Councilman Bleecker, Councilman Samuel Del Rucker was re-appointed as a Member of the Board of Charity and Solicitations for a four year term expiring October 1, Appeals 1975. and (d) Ayes: Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 987 to 1195, inclusive, in amount of $194,219.67. (b) Street Right of Way Deed from Crocker National Bank as Trustee for the C. Cohn Estate. (c) Encroachment Permit from Housing Authority of Kern County. (d) Street Right of Way Deeds from the Housing Authority of the County of Kern for opening portions of Northrup Street, Robinson Street, Clyde Street, Eleventh Street, Lakeview Avenue and an alley between Lakeview Avenue and Owens Street. Upon a motion by Councilman Medders, Items (a), (b), (c), of the Consent Calendar were adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Roes, Rucker, Thomas, Whirremote Noes: None Absent: None Upon a motion Action on Bids. by Councilman Rees, low bid of Kern Turf Supply for Annual Contract for PVC Pipe and Sprinklers was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rucker, the low bid of J. E. Bauer Company for Line Striping Machine for Police Traffic Line Painting Division was accepted and all other bids were rejected. Bakersfield, California, October 18, 1971 - Page 13 ,Upon a motion by Councilman Medders, bid for Seven Pickups and two vans, less trade-in allowances, was awarded to the Three-Way Chevrolet Company, and bid for two 24,000 Cab & Chassis was awarded to Haberfelde Ford Co., and all other bids were rejected. Adoption of Resolution No. 70-71 of the Council of the City of Bakers- field acknowledging receipt of a copy of Notice of Intention to Cir- culate Petition for the Annexation of territory designated as "Union Avenue No. 4", and an Affidavit of Publication thereof, and approving the circulation of the Petition. Upon a motion by Councilman Thomas, Resolution No. 70-71 of the Council of the City of Bakersfield acknowledging the receipt of a copy of Notice of Intention to Circulate Petition for the Annexation of territory designated as "Union Avenue No. 4", and an Affidavit of Publication thereof, and approving the circulation of the Petition, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Adoption of Resolution No. 71-71 of the Council of the City of Bakers- field acknowledging the receipt of a copy of Notice of Intention to Cir- culate Petition for the Annexation of Territory designated as "Wilson Road No. 2", and an Affidavit of Publication thereof, and approving the circulation of the Petition. Upon a motion by Councilman Bleecker, Resolution No. 71-71 of the Council of the City of Bakersfield acknowledging the receipt of a copy of Notice of Intention to Circulate Petition for the Annexation of Territory designated as "Wilson Road No. 2", and an Affidavit of Publication thereof, and approving the circulation of the Petition, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: None 239 Bakersfield, California, October 18, 1971 - Page 14 First reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 16.22 to Title 16 of the Municipal Code providing for Optional Design and Improvement Standards in Subdivisions. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Chapter 16.22 to Title 16 of the Municipal Code providing for Optional Design and Improve-- ment Standards in Subdivisions. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.52.020 of Chapter 17.52 of Title 17 of the Municipal Code relating to conflicting regula- tions and exceptions thereto. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.52.020 of Chapter 17.52 of Title 17 of the Municipal Code relating to con- flicting regulations and exceptions thereto. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 17.50 of Title 17 of the Municipal Code providing for a Mobilehome Zone and regulations for Mobilehome Parks and Mobilehome Subdivisions. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.50 of Title 17 of the Municipal Code providing for a Mobilehome Zone and regu- lations for Mobilehome Parks and Mobilehome Subdivisions. Letter from Strait & Fambrough, General Contractors, requesting the Planning Commission to reaffirm that Tract No. 3364 was approved knowing that a low- cost housing project was planned for this Subdivision deferred for two weeks. Upon a motion by Councilman Heisey, letter from Strait & Fambrough, General Building Contractors, requesting the Planning Commission to reaffirm that Tract No. 3364 was approved knowing that a low-cost housing project was planned for this Subdivision, was deferred for two weeks to permit the staff to check with Mr. Strait relative to his intention to withdraw the request. 24O Bakersfield, California, October 18, 1971 Page 15 Mr. Charles Tolfree of Stockdale Development Corporation, stated that his company is the owner of Tract No. 3364 mentioned in Mr. Strait's letter and that regardless of whether or not Mr. Strait or Mr. Fambrough wish to continue with the 235 Project, Stockdale Development Corporation feels that the tract was con- ceived as a 235 Project and is requesting that the Council will reaffirm that this area remain as a 235 Project. Inasmuch as the Council had already acted to defer this matter for two weeks, no action was taken on Mr. Tolfree's request. Approval of Annexation Boundaries designated as Kern River No. 1. Upon designated as City Engineer a motion by Councilman Medders, Annexation Boundaries Kern River No. 1 were approved, and referred to the and City Attorney for referral to LAFC. Approval of Agreement between the City of Bakersfield and the County of Kern for Emergency Employment Act Funds. After discussion, upon a motion by Councilman Bleecker, for Emergency Employment Act authorized to execute same. on this moteion. 90 Day Leave of Absence Without Pay granted Jethro Reynolds, Sanitation Crewman II. Upon a motion by Councilman Rucker, a 90 Day Leave of Absence Without Pay was granted Jethro Reynolds, Sanitation Crewman II. Approval of Agreement between the City of Bakersfield and Santa Fe Railway Company for construction of Crossing Protection at the "Q" Street intersection. Agreement Company for construction of Crossing Protection at the "Q" Street intersection was approved and the Mayor was authorized to execute the agreement. the County of Kern Funds was approved, and the Mayor was Councilman Medders voted in the negative After discussion, upon a motion by Councilman Bleecker, between the City of Bakersfield and Santa Fe Railway Agreement between the City of Bakersfield and Bakersfield, California, October 18, 1971 - Page 16 Mayor Hart requested to direct letter to the Department of Housing and Urban Development expressing Council's interest in rehabilitation of the old Elks Club. City Manager Bergen informed the Council that he had been contacted by several realtors, and also by Judy Stein repre- senting the Urban Housing Company, who is anxious to proceed with plans to renovate the old Elks Club Building on 17th Street in downtown Bakersfield. He advised Judy Stein that he did not think it was the Council's intention to prohibit the rehabilitation of this project, although the Council did adopt a Resolution requesting the Department of Housing and Urban Development to defer further 235 and 236 Projects in Urban Bakersfield until such time as the need is shown. He therefore would recommend to the Council that the Mayor be requested to send a letter to HUD indicating (1) that the City is interested in the rehabilitation of the old Elks Club providing the project satisfies all of the code and ordinance requirement; (2) that there is a need for modern, low-income housing in the downtown area and this could lend itself to that type of housing; (3) that 236 funding would be appropriate to construct this project. If the Council concurs that this would be an appropriate type of improvement in the downtown area, it would be in order to ask the Mayor to direct a letter to HUD based on the points outlined by the Manager. Councilman Bleecker asked Planning Director Sceales where the parking would be constructed for this project. Mr. Sceales stated this company could ask for a modification of the parking, but as far as any off-street parking being available at the present time, there is none. Councilman Heisey commented that would be the problem of the developer. Mr. Bergen stressed the fact that in order to construct this project it will be necessary for the developer to meet the standards of the City and apply for a modification or variances in a normal fashion. After discussion, it was moved by Councilman Rees that the City Manager's position be supported and that the Mayor be 24'2 Bakersfield, California, October 18, 1971 - Page 17 requested to direct a letter to HUD including the points outlined by the City Manager. This motion carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Hearings. This is the time set for public hearing before the Council on Resolution of Intention No. 865 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of Inyo Street, City of Bakersfield, California. Request for this vacation was made by Mr. Glenn Helm and has been approved by the Planning Commission. This hearing has been duly posted and no protests or objections were filed in the City Clerk's office. Vice-Mayor Whittemore declared the hearing open for public participation. No protests or objections being received, and Mr. Helm speaking in favor of the vacation, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Heisey, Resolution No. 72-71 ordering the vacation of a portion of Inyo Street, City of Bakersfield, California, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None This is the time set for public hearing before the Council on Resolution of Intention No. 867 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of a portion of Eleventh Street, a portion of Cotton- wood Road and a portion of Robinson Street, in the City of Bakers- field, California. Action was initiated by the Public Works Department and has been approved by the Planning Commission. This hearing was duly posted and no protests or objections have been filed in the City Clerk's office. Noes: None Absent: None Bakersfield, California, October 18, 1971 - Page 18 243 Vice-Mayor Whittemore declared the hearing open for public participation. No protests or objections being received and no one speaking in favor of the vacation, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Rees, Resolution No. 73-71 ordering the vacation was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None This is the time set for public on Resolution of Intention No. 868 of fhe Council of the Cify of Bakersfield declaring its intention to order the vacation of Public Utilities Easements in Ora Vista Housing Project. This action was initialed by the Public Works Department and was approved by the Planning Commission. This hearing has been duly advertised and no protests or objections were filed in the City Clerk's office. Vice-Mayor Whittemore declared the hearing open for public participation. No protests or objections being received and no one speaking in favor of the vacation~ the public hearing was declared closed for Council deliberation and action. Upon a motion by Councilman Rucker, Resolution No. 74-71 ordering the vacation of the Public Utilities Easements in Ora Vista Housing Project 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 Phase II of fhe 1970 Weed Abatement Program. Public Works Director Jing reported that 190 properties hearing before the Council had been posted with 91 compliances. Registered letters will be mailed to those persons not complying, and another 50% is expected to respond and destroy the weeds as requested. now 244 Bakersfield, California, October 18, 1971 - Page 19 Vice-Mayor Whittemore declared the hearing open for public participation. Mr. Joe Bruce, who resides at 27 Clyde Street, addressed the Council, stating that he has not complied with the notice to destroy the weeds on his property, as he is disabled and physically and financially unable to comply. He pointed out that formerly burning was permitted, and he was able to clean his property by this method. However, since it is no longer permitted and con- sidered a source of air pollution, he has endeavored to secure a permit from several agencies in the City and County for controlled burning of his weeds, but to date no one will assume the responsi- bility of issuing a permit for this purpose. Councilman Thomas offered to call two organizations who he is sure will be able to assist Mr. Bruce with his problem. City Attorney Hoagland asked Mr. Bruce who he talked with at the Air Pollution Control Board, stating that this agency does have the power to issue permits for controlled burning after an application is made, as the City cannot grant burning permits. He offered to call the Air Pollution Control Board for clarification, and Mr. Bergen stated he would attempt to convey to this Board that it is their responsibility to control the burning in this area. After further discussion, the staff was instructed to investigate the matter of securing permits by City residents for controlled burning and notify Mr. Bruce of the procedure to follow. Upon a motion by Councilman Bleecker, Resolution No. 75-71 finding that certain weeds growing on property in the City of Bakersfield constitute a public nuisance and directing the Superintendent of Streets Ayes: to destroy said Weeds, Councilmen Noes: None Absent: None was adopted by the following vote: Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore 245 Bakersfield, California, October 18, 1971 - Page 20 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Medders the meeting was adjourned at 10:40 P.M. MAYOR~I~e City of Bakersfield, Calif. ATTEST: E Clerk of the Council of the City of Bakersfield, California 246 Bakersfield, California, November 1, 1971 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., November 1, 1971. Vice-Mayor Whittemore presided in the absence of Mayor Hart and called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend Charles Wilkerson of the Chester Avenue Baptist Church. 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 October 18, 1971 were approved as presented. Council Statements. Councilman Bleecker stated that he was honored to appoinl; Miss Cathy A. Rickett of 2424 Spruce Street as a member of the Citizens Advisory Committee for the Kern County Council of Govern- ments. Councilman Rees stated that in response to presentations made by Dr. Phyllis Dabbs and Miss Chris Williams, member of the Highland High School Executive Council, at the last Council meeting requesting the City Council to initiate action to provide a suitable bikeway on Auburn Street, representatives of the schools, Public Works Department, the Traffic Authority and Highland High School Executive Council, held a meeting last Wednesday. Captain Price of the Traffic Authority outlined a plan developed by him and the Public Works Department for a combination bike path and pedestrian way running from Oswell Street to Royal Scotts Way, the entrance to Highland High School, which was acceptable to everyone present. At the request of Councilman Rees~ City Manager Bergen briefly reviewed the proposed plan for this combination bike path and pedestrian way on the north side of Auburn Street, stating that it is the hope of the City to have this facility under con- struction within 30 days and completed shortly after that. Bakersfield, California, November 1, 1971 - Page 2 247 Councilman Bleecker stated that he has had several calls:. especially from persons who own small rental property, regarding the proposed increase in collection fees under the new Refuse Ordinance. He asked Director of Public Works Jing to explain the method of assessing rental property consisting of 8 units with only one person living in a unit which the owner stated will cost $59.75 per quarter for a twice a week pickup under the new ordinance. Mr. Jing stated that two containers are permitted per unit based on a minimum charge of $2.48 per month. However, if the property owner installs a detachable bin, the charges would be based on the volume of refuse generated in the apartments, and would reduce the pickup charge to $9.90 per month. Councilman Bleecker commented that in his opinion this cost for small rental units with each apartment occupied by only one person is excessive, and that is the main reason why he did not sign the report of the Governmental Efficiency and Personnel Committee which will be presented later. He suggested that the Refuse Collection Ordinance be studied again by the Department of Public Works and members of the staff, as there are too many inconsistencies in this ordinance which are unfair to the public. Councilman Rucker stated that if a property owner does not use the service, he feels that he should not be required to pay the established fee; however, the staff has advised him that it is necessary to exercise some type of enforcement of refuse pickup in order to present a health hazard and therefore all property owners will be charged this fee. City Manager Bergen stated the City Attorney has pointed out to him that the City is not making a distinction between a single family rental and a single family dwelling and no minimum charge of $2.48 per month would be made for a single family rental, as it is covered by the tax rate. Councilman Heisey commented that this discussion should be brought up at the time the GEPC report is submitted. The inequities that have been presented are very good examples of the 248 Bakersfield, California, November 1, 1971 - Page 3 injustice which is done when legislation only benefits a special group in the community. This problem would have been eliminated if it had been originally considered strictly on a user-pay basis. Councilman Heisey stated that he is still convinced that it is illegal to charge only part of the people for refuse pickup and not charge everyone the same, as those people who are charged are also being assessed under their property tax rate. He agreed with Councilman Bleecker that the whole ordinance should be given further study in order to obviate this injustice. Councilman Heisey, Chairman of the Water and City Growth Committee, stated thai he is pleased to report on a proposal for an Urban Bakersfield Area Improvement District which will have a great impact on the development of the entire metropolitan area of Bakersfield in the future as well as have a favorable bearing on the present economy of the area. He reviewed the background and history of the progress made by the Committee which had worked and held meetings for five years for a plan for the delivery of supplemental water to metropolitan Bakersfield which would be acceptable to all the participants, subject to an equitable arrange- ment for financing and sharing of costs. The Water Committee has held many meetings investigating every alternative and plan as they were presented and finally arrived at the conclusion that the best possible plan that could be presented for the metropolitan Bakersfield area is the Second Supplemental Report for the delivery of Water to and a Financial Plan for an Urban Bakersfield Area Improvement District by Walter G. Schulz, Consultant to the Kern County Water Agency, which incorporates the recommendations of the City's consultants and staff and the members of the Water Committee. It is a fair plan, not only to the people of the City of Bakersfield but to all the other entities in the metropolitan area who will participate in the cost of the canal to convey water from the west side over to the metropolitan area. Bakersfield, California, November 1, 1971 - Page 4 249 The Water Committee is urging adoption tonight of a Resolution which is in no way prejudicial to any benefits accuring to the City from the successful prosecution of its water rights suits. Meetings were held with the attorneys about ten days ago at which the Committee was briefed on the progress of these suits and was informed that all causes of action are still being pursued vigorously and effectively. The Resolution further provides that if the irrigation districts as proposed do not participate in the joint use facility, the Resolution becomes null and void. Councilman Heisey complimented the City Attorney for writing a very fine resolution with adequate conditions to protect the interests of the people of Bakersfield. He then read Resolution No. 76-71 of the City Council of the City of Bakersfield consenting to the inclusion of lands within the City in the proposed Urban Bakersfield Area Improvement District under specified conditions. City Attorney Hoagland, stating that he was commenting for the Council's benefit, pointed out that at the present time the Urban Area has an entitlement of 77,000 acre feet of supple- mental water. Due to the contract between the Kern County Water Agency and the State of California for supplemental water, the Urban Area continues to pay in taxes at the present time, in excess of $300,000 annually for water which has not been received. The State contract requires M&I water to be paid for as of the date of the contract continuously on a built up schedule and this $300,000 accelerates as time goes on. If for any reason, the City should decide not to enter into the program of bringing supplemental water to the Urban Bakersfield Area, it would nevertheless be required to continue to pay for the water until the final contract is con- summated for building the City's portion of the aqueduct. If the Cross-Valley Canal is not constructed and water is not obtained in any other fashion, the City will not receive the water but will continue to pay for it. The water is the City's, it is paying for it, and it is a question of getting the water delivered. By joint 25O Bakersfield, California, November 1, 1971 - Page 5 participation of all the water entities and districts, the water will be delivered. He also pointed out that the cost has been reduced materially from the original proposal of five or six years ago. Mr. boundaries of Tom Stetson, Consulting Engineer, delineated the the proposed Urban Bakersfield Improvement District on display maps and explained that the costs will be apportioned among the three agricultural districts and the improvement district from the formula that was derived from the annual entitlement of each entity and the actual capacity which will be built into the system. The cost of the Cross-Valley Canal over to the Friant Kern Canal is estimated to be about 9½ million dollars. The Urban area's share of that cost will be about 4 million dollars. The extension canal will cost about 1.2 million dollars, which will be the cost to the improvement district. The two major pipelines for distribution throughout the major portion of the area will cost about 3½ million dollars and the treatment plant about 5 million. The entire project will cost about fourteen million dollars as opposed to the project recommended five or six years ago which was estimated to be 26 to 30 million dollars. Upon a motion by Councilman Heisey, Resolution No. 76-71 of the City Council of the City of Bakersfield consenting to the inclusion of lands within the City in the proposed Urban Bakersfield Area Improvement District under specified conditions~ was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas~ Whittemore Noes: None Absent: None Councilman Whittemore, Chairman of the Governmental Efficiency and Personnel Committee~ read a report on a meeting of the Committee with the staff to discuss amendments and additions to the Refuse Collection Ordinance adopted by the Council on August 30, 1971, to become operative January 1, 1972. Bakersfield, California, November l, 1971 - Page 6 Principal Change The Refuse Collection Ordinance previously adopted by the Council established a refuse collection charge to be paid by occupants of all uses of property in the City, except single-family dwellings. A single-family dwelling was defined as being a detached structure. Originally, it was felt that the use of the detached dwelling would be the most distinctive and clearly ascertainable way of distinguishing which occupants should be charged. Due to concern voiced by members of the Council that condominium owners occupy single-family dwellings, considerable research has been conducted by the City Attorney. Since condominium units are, in effect, the same use as single-family detached dwell-- ings~ except for their being attached to other dwelling units, the proposed ordinance amends the definition of a single-family residence to exclude condominium units from a refuse collection charge. Specific Changes The following is a summary of the specific amendments and additions to the previously adopted Refuse Collection Ordinance as contained in the ordinance attached to this report: Section 8.48.010 - This amendment adds a clause for legal clarifi- cation purposes with no substantive change. Section 8.48.020 (n) - This amendment changes the definition of a single-family dwelling to include condominium units and exclude bungalows. Section 8.48.020 (s) - This addition provides a definition of a bungalow court. Section 8.48.030 - This amendment makes appropriate changes in the schedule of charges for various containers in accordance with suggestions of the Public Works Department. Section 8.48.100 - This amendment makes minor changes in the required refuse containers. Section 8.48.110 - This amendment removes the prohibition against occupants using submerged or underground containers. With this change, container provisions will be exactly the same as are in effect at the present time. 25'2 Bakersfield, California, November 1, 1971 - Page 7 Section 8.48.170 - This addition clarifies the fact that this ordinance becomes e£fective on January l, 1972~ and leaves the present ordinance operative until then. This committee recommends adoption of this report and first reading of the attached ordinance. Councilman Whittemore stated that the Committee's report was signed by only himsel£ as Chairman and Councilman Raymond E. Rees, as Councilman Keith Bleecker, the other member of the Committee, did not choose to sign the report. Councilman Whirremote moved adoption of the report and that this be considered first reading of the ordinance. Councilman Bleecker commented that in his opinion there are still many inconsistencies in this proposed ordinance which do not promote fairness for the taxpayers and those persons who own rental property. He stated that if he had it to do over, he would not have voted for the original ordinance and he asked his fellow Councilmen not to approve the report or the proposed amendments to the previously adopted ordinance. City Attorney Hoagland stated that he would like to remind the Council that the City already has a Refuse Collection Ordinance which is to become effective on January 1, 1972. These particular amendments do not change the ordinance already effective but not to become operative until January 1, 1972. Legally speaking, he feels that these amendments would secure the legality o£ the present ordinance on the books to a greater extent and will make it less subject to charges of invalidity. Councilman Rucker commented that he does not wish to hold up the ordinance but he feels as Councilman Bleecker, that there are many inequities in this ordinance and he hopes that more study will be given to removing the unfair sections. Mr. Hoagland commented that all he is concerned with is the legal integrity of the ordinance which is consonant with the Council's policy. Bakersfield, California, November 1, 1971 - Page 8 253 Councilman Heisey called for a division of the question in connection with Section 8.48.020 (n). Councilman Whittemore stated this could be done at the time the motion is voted upon. Mr. Hoagland pointed out that the substantial change to this ordinance is centered around condominiums, which he considers to be a substantial change because it changes the concept of classification between single-family residences and all other types of residences. He stated thai the most acceptable ordinance the Council could adopt would be one that would place a refuse collection charge on every single occupant in the City which has already been rejected by the Council. Councilman Medders commented that he does not feel he to refer the proposed amendments back to the Committee He would prefer to wait and see how the proposals work would like for study. out. Councilman Whittemore stated tremendous changes in this ordinance. that there are not any The majority of the Committee felt that a condominium is a single-family dwelling, even though each one has a common wall and has a separate deed to that piece of property. There are many bungalow courts in the City of Bakers-. field which normally are not separated by separate deeds, and it is necessary to provide a definition of a bungalow court in order to exclude it. He stated that if the proposed changes are not acceptable to the majority of the Council, he cannot see any alter- native but to pass an ordinance which would require every single- family dwelling in the City of Bakersfield to pay a refuse collection charge. This is something that the citizens have indicated they do not want, and therefore, those people who do own a number of properties, will be required to pay the collection charge on whatever category they come under the ordinance. Councilman Rees stated that he feels this particular report is not a substantial change in the ordinance, it is a matter of clarification of it point by point. These points of clarifica- tion are improvements of the existing ordinance as it is now proposed. He would therefore support the Committee's report. 254 Bakersfield, California, November 1, 1971 - Page 9 After additional discussion, Councilman Bleecker com- mented that for a number of reasons he would propose a sectional amendment to the Committee report which he would call Section 8.48.171, to read as follows: "This addition excludes rental apartments in groups of ten and less from any extra charge." Councilman Bleecker's proposal was discussed by the Council and the City Attorney. Councilman Whittemore stated he believes that if the Council discovers it is necessary to correct any inequities after the ordinance becomes effective, this will be done but at this point he feels the ordinance should be adopted with the condominium units included as single-family dwellings. Councilman Heisey commented that he feels very strongly the user should pay for whatever service he receives. There is no reason that it shouldn't be extended to all users of refuse service and if it were, the Council could very justifiably cut the tax rate by 60~. He stated he is in opposition to anything that is going to reduce the number of units that are now scheduled to pay for the refuse service. Mr. Hoagland stated that he does not usually speak to policy of the Council, but he will not be responsible for the validity of the ordinance if condominiums are included as apart- ments. He has done a lot of review on this and considers a con- dominium to be a single-family residence within the concept of this ordinance. It is certainly not a commercial unit, it is not for rent, it is to be lived in. Councilman Heisey withdrew his motion for a separation of the question in connection with Section 8.48.020 (n), and offered a susbtitute motion that this matter be referred back to the GEP Committee and presented at a later date when the Committee has had a change to re-evaluate it and possibly come back with a unanimous recommendation, rather than a split Committee report. Councilman Whirremote remarked that he does not think the Committee can come back with a unanimous recommendation. Bakersfield, California, November 1, 1971 - Page 10 Roll Call Vote taken on Councilman Bleecker's motion to amend the report to exclude rental apartments in groups of ten and less from any extra refuse collection charge failed to carry as follows: Ayes: Noes: Councilman Bleecker Councilmen Heisey, Medders, Rees, Rucker, Thomas, Whittemore Absent: None Roll Call Vote taken on Councilman Heisey's substitute motion to refer the matter back to Committee and return with a unanimous Ayes: Noes: Absent: recommendation failed to carry as Councilman Heisey Councilmen Bleecker, Medders, Rees, Whirremote None Roll Call Vote taken on to adopt the report and consider this proposed ordinance carried as follows: Ayes: Noes: Absent: follows: Rucker, Thomas, Councilman Whittemore's motion the first reading of the Councilmen Medders, Rees, Rucker, Thomas, Whittemore Councilmen Bleecker, Heisey None Councilman Whirremote, Chairman of the Governmental Efficiency and Personnel Committee, read a report stating that during the past several months, the Committee and the staff have discussed a proposed change in the Fire Department Relief and Pension Fund Ordinance to exclude non-safety employees of the Fire Department from being placed in this disability and retirement plan. When the Fire Department Relief and Pension Fund was estab- lished years ago, there was no other retirement system; therefore, clerical employees of the Fire Department were included as members of this plan and received the same benefits as safety employees of the Fire Department, which are substantially greater than these received by clerical. employees of the Police and Miscellaneous Departments. The proposed ordinance will create equity in retirements benefits of the City. included in correct this situation and between all clerical employees Clerical employees of the Fire Department will be the Public Employees' Retirement System for Miscellaneous Bakersfield, California, November 1, 1971 - Page 11 Employees with the same benefits as all other clerical employees of the City. This change will not affect the present clerical employees of the Fire Department. The change has been considered and unanimously approved by the Fire Department Pension Board. The Committee recommends adoption of the report and first reading of the attached ordinance. Councilman Whittemore's motion to adopt the report and consider this first reading of the ordinance carried unanimously. Councilman Raymond Rees, Chairman of the Budget Review and Finance Committee, reported that the Citizens Committee appointed by the Council to consider the need for a new Police Building in a report filed May 20, 1970, concluded that a particular need exists for a new and adequate police facility and recommended that the necessary steps be taken to provide a facility of at least 42,000 square feet to be so constructed that the facility may be added to for needed expansion at a later date. In recent weeks the Budget Review and Finance Committee has worked in two particular directions on the Police Building Problem. 1. It has explored ways and means for financing construction of the building and' has met with financial consultants who have advised them and will meet with local people knowledgeable in the field of finance in the future. 2. It has interviewed architects in order to recommend an architect for the design of the building. Over a two week period, 13 out of 14 local available architects responded to the Committee's invitation to be interviewed and it is his personal opinion that anyone of the firms interviewed is capable of designing a sound police building for the City of Bakersfield. Unfortunately, only one could be recommended by the Committee and it is the recom- mendation of the Budget Review and Finance Committee to engage the firm of Robert'F. Stuhr, A.I.A.~ to design the Police Department Building. Councilman Rees then moved that the Council appoint this firm as architect for the new Police Building. Councilman Heisey concurred with the Chairman's report stating that the Committee spent a lot of time talking to all of Bakersfield, California, November 1, 1971 - Page 12 257 these architects, and it was difficult to make a decision. Councilman Bleecker offered a substitute motion that the firm of Frapwell and Ghezzi be engaged as the architects to design the Police Building. Roll call vote taken on the substitute motion failed to carry as follows: Ayes: Councilmen Bleecker, Medders Noes: Councilmen Heisey, Rees, Rucker, Thomas, Whittemore Absent: None Roll call vote taken on the original motion to appoint the firm of Robert A. Stuhr, A.I.A. to design the new Police Build- ing carried unanimously. Councilman Heisey, Chairman of the Citizens Freeway Com- mittee, reminded the Council that a committee was appointed by the Council at its meeting of July 6, 1970 to study the freeway alternate and report back to the City Council with a recommendation, and after several meetings the route selection was narrowed to three logical locations. A meeting was held by the Citizens Advisory Freeway Committee on October 28, 1971, with representatives of the State Division of Highways to consider the alternate routing of the free- way east of Freeway 99. One alternate "N" was located east of and parallel to Union Avenue. A second alternate "O" was located along Golden State Avenue looping north of the Westchester area. A third location was along the 23rd-24th Street corridor. Three factors, given major emphasis in factors are as follows: 1. Environmental 2. 3. Any traffic problems on while not the only consideration, were the final selection of a route. The three impact, or the number of property parcels directly affected. Economics or cost of construction, right of way acquisition and utilities relocation. Traffic allocation - or which route best serves the traffic needs. freeway alternate selected must alleviate the major the 23rd-24th Street couple. Studies show 258 Bakersfield, California, November 1, 1971 - Page 13 that neither alternate "0" or "N" will attract enough traffic to provide a solution to this problem. A freeway route along 23rd- 24th Streets will solve this major traffic problem. Cost is a factor which everyone recognizes as significant. Estimates from the Division of Highways indicate the cost of alter- nate "O" at $32,271,000; the cost of alternate "N" at $31,783,000; the cost of the alternate along 23rd-24th Streets at $22,404,000. There is a significant difference in the number of parcels directly affected by each alternate location. The number of parcels includes residences, apartment units, commercial businesses, industrial businesses and miscellaneous. Alternate "0" directly affects 285 parcels including 133 residences. Alternate "N" directly affects 596 parcels including 375 residences. The 23rd-24th Street alternate directly affects only 187 parcels including 72 residences. This Committee recognizes and regrets that those people directly affected by any of these route locations must sustain considerable inconvenience. The number of parcels and thus people affected is the only measure of such inconvenience. Cost of any alternate locations doesn't affect each of us as forcefully as relocation, but certainly is an item which should be reviewed and weighed heavily by any citizens committee or governing body. Responsibility for presenting a recommendation which will have such an impact on many people and the whole community weighed heavily on all members of this Committee. However, it has acted on the premise that although some people are to be inconven- ienced by any recommendation, it is in the best interests of the community as a whole. The ultimate selection was made less difficult than expected because of the unusual characteristics of the Committee's choice. It provides best for traffic needs; it is the least expensive; and it disrupts the fewest people. Accordingly, and on this basis, the Committee recommends the 23rd-24th Street corridor as the freeway route location between existing Highways 178 and 99. Bakersfield, California, November 1, 1971 - Page 14 259 Councilman Thomas commended Councilman Heisey on his excellent report and stated that he concurred with it whole-heartedly. Councilman Bleecker commented that ordinarily a report of this importance is given to the Council for its study at least a week ahead of time. He is no longer a member of the Committee but he is particularly interested as this proposed route goes directly through the Fourth Ward, which he represents. He stated that he was not informed of the meeting of the Citizens Advisory Committee until four o'clock on the afternoon prior to the meeting. Had the courtesy been extended to him a week in advance that the meeting was being held, he would have attended. Letters notifying the members of the Committee were mailed on October 21, 1971; however, new members, Mr. Fortenberry, his appointee, and Mr. Godecke, were not notified by mail, but were called on the telephone on the day of the meeting and informed that the meeting was being held that evening. He questioned the method by which the committee members were notified, stating that he thinks it is highly irregular, and whether or not it was an oversight on the part of the staff, he is going to take official action against whoever is responsible if it happens again. He remarked that from reading the brief minutes of the meeting he could not see how the Chairman arrived at his report, as the minutes tell him nothing. Mr. Jing, Director of Public Works, stated that the letters were sent out only to members of the Committee, pursuant to a list on file in his office, on October 21st. All members were again alerted by telephone on the morning of the meeting, and as a courtesy, Councilman Bleecker was also notified on Thursday, the day of the meeting. He apologized to Mr. Bleecker for not informing him earlier. Councilman Heisey stated that there was 100% attendance of the Committee at the meeting, no one was absent. Mr. John Fortenberry, a member of the Citizens Advisory Committee, addressed the Council, and reiterated Councilman Bleecker's statements, that he did not receive advance notice.by letter, but was telephoned at his home to that effect on the afternoon of the 260 Bakersfield, California, November 1, 1971 - Page 15 meeting. He stated that he felt he was rushed into a Situation without having the opportunity to study the issues at stake. He submitted what he called a minority report in letter form to the Council, as follows: At a recent meeting held by ~he Citizens Com- mittee for Freeway Planning held on October 28, 1971, statistical data was supplied to the committee members by Mr. L. S. Van Voorhis. This data served as a major part of the basis on which the members voted and was passed out during the meeting and priorI to the vote. I chose to study a small part of the statistical data in order to determine its accuracy. I selected the small one block wide corridor between Route 99 and Spruce Street. According to the material passed out at the meeting, this area contains 35 homes, 41 apartments, 4 com- mercial, i industrial, and 2 other sites'. A total of 83 sites were stated to be in this area. I made a personal survey of this area on October 31, 1971. My survey disclosed 23 homes, 1 vacant field, i canal, and part of a county park. I did not find the 4 commercial sites or the 1 industrial site. I did not find the 41 apartments. I found 12 homes less than the State survey data listed. I believe my figures can be checked by anyone and should not require the State to make another lengthy and possible inaccurate survey. The differences between these two counts is only for a four block area (approximately). It suggests that possibly larger differences exist in the whole survey. Vice-Mayor Whirremote pointed out that the Council is not adopting a route this evening, but will hold public hearings on the freeway location and that will be the appropriate time to present facts and figures. After additional discussion, Councilman Bleecker moved that the Department of Public Works be instructed to check out Mr. Fortenberry's figures as presented in his report for comparison with the statistical data supplied to the committee by Mr. Van Voorhis of the State Division of Highways. This motion carried unanimously. Councilman Heisey moved adoption of the Report of the Citizens Advisory Committee on Freeways, which carried, with Councilman Bleecker voting in the negative. At this time the Vice-Mayor declaried a five minute recess. Bakersfield, California, November 1, 1971 - Page 16 Consent Calendar. At the request of Councilman Heisey, Items (b) on the Consent Calendar - Approval of Plans and Specifications for the Construction of Tailwater Return System for Municipal Sewer Farm, was removed for separate consideration by the Council. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1196 to 1311, inclusive, in amount of $80,309.22. (c) Acceptance of the Work and Notice of Completion for Contract No. 69-71, Construction of Sewer in Belle Terrace and Relocation of Sewer in Summer Tree Lane. (d) Grant Deed from First Baptist Church to City of Bakersfield. Upon a motion by Councilman Medders, Items (a), (c) and (d) of the Consent Calendar were approved by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Ayes: Noes: None Absent: None Approval of Plans and Specifications for the Construction of Tailwater Return System for the Municipal Sewer Farm. After discussion, upon a motion by Councilman Heisey, Plans and Specifications for the Construction of Tailwater Return System for the Municipal Sewer Farm were approved, and the Finance Director was authorized to advertise for bids. Deferred Business. Councilman Whittemore commented on a request from Strait & Fambrough, General Building Contractors, that the Planning Com- mission reaffirm that Tract No. 3364 was approved knowing that a low-cost housing project was planned for this subdivision, stating that until these applicants have met all the requirements of the law which includes surveying the neighborhood and ascertaining if the School District can absorb any increase in students, he will still oppose development of any low cost housing projects. 262 Bakersfield, California, November 1, 1971 - Page 17 Councilman Bleecker stated that he understood Strait & Fambrough had informed Councilmen Heisey and Rees they no longer had an interest in this property, and he made a motion to disapprove the request. This motion carried unanimously. A communication from Stockdale Development Corporation requesting a letter of reaffirmation from the Council that Section 235 Housing is acceptable for the use of the remaining lots in Tract No. 3364, was ordered placed on next week's agenda for Council consideration. Mr. Bennett Siemon, Attorney for residents on Panorama Drive, stated that when he first read the series of ordinances next on the agenda for Council action, he felt that a loophole was being opened, ambiguous in a certain sense, which would permit building a two unit condominium in a R-1 Zone. He has talked to Mr. Bergen, Mr. Hoagland and Mr. Sceales, and they have assured him that fhis is not the case, and if this is the legislative intention, he is satisfied in behalf of his clients. Mr. Hoagland asked for permission to spread his remarks on the Minutes for future adherence to by any parties. His advice to the Council is that these ordinances would not permit condominiums or apartment houses, or even duplexes, in the R-1 Zone. Upon a motion by Councilman Thomas, Ordinance No. 1970 New Series of the Council of the City of Bakersfield adding Chapter 16.22 to Title 16 of the Municipal Code providing for Optional Design and Improvement Standards in Subdivisions, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Upon a motion by Councilman Rees, Ordinance No. 1971 New Series of the Council of the City of Bakersfield amending Section 17.52.020 of Chapter 17.52 of Title 17 of the Municipal Bakersfield, California, November 1, 1971 - Page 18 263 Code relating to conflicting regulations and exceptions thereto, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore. Noes: None Absent: None Upon a motion by Councilman Rees, Ordinance No. 1972 New Series of the Council of the City of Bakersfield amending Chapter 17.50 of Title 17 of the Municipal Code providing for a Mobilehome Zone and regulations for Mobilehome Parks and Mobilehome Subdivisions, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: None After discussion, upon a motion by Councilman Medders, Ordinance No. 1973 New Series of the Council of the City of Bakers- field amending Section 11.17.020 of the Municipal Code relative to boundaries of the Central Parking Mall, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Thomas, Whittemore Noes: None Absent: None Rees, Rucker, Approval of Contract between the City of Bakersfield and Transit Ads, Inc. Upon a motion by Councilman Rees, Contract between the City of Bakersfield and Transit Ads, Incorporated, was approved and the Mayor was aufhorized to execute the agreement. Councilman Whittemore requested that a cancellation clause be inserted stating that should the Transit System for any reason cease its busing operations during the term of this agreement, this contract shall terminate without further responsibility upon the part of the Transit System. 264 Bakersfield, California, November 1, 1971 - Page 19 Approval of Contract between the City of Bakersfield and the Greater Bakers- field Chamber of Commerce for the service of advertising the City and promoting the industrial development of the City. Upon a motion by Councilman Medders, Contract between the City of Bakersfield and the Greater Bakersfield Chamber of Commerce for the service of advertising the City and promoting the industrial development of the City, was approved and the Mayor was authorized to execute same. Approval of Contract between the City of Bakersfield and the Greater Bakers- field Chamber of Commerce providing for the operation of a Convention Bureau. Upon a motion by Councilman Rees, Contract between the City of Bakersfield and the Greater Bakersfield Chamber of Commerce providing for the operation of a Convention Bureau, was approved and the Mayor was authorized to execute same. Adoption of Resolution of Intention No. 870 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of Inyo Street north of East Truxtun Avenue, in the City of Bakersfield. Upon a motion by Councilman Bleecker, Resolution of Intention No. 870 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of Inyo Street north of East Truxtun Avenue, in the City of Bakersfield, and setting November 22, 1971 for hearing on the matter before the Council, was adopted by the following vote: Ayes: Councilmen Bleecker, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Abstaining: Councilman Heisey Adoption of Resolution of Intention No. 871 of the Council of the City of Bakersfield declaring its intention to order the vacation of the alley in Block 288, City of Bakersfield. Upon a motion by Councilman Medders, seconded by Council- man Rees, Resolution of Intention No. 871 of the Council of the City Bakersfield, California, November 1, 1971 - Page 20 of Bakersfield, declaring its intention to order the vacation of the alley in Block 288, City of Bakersfield and setting November 22, 1971 for hearing on the matter before the Council, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None First reading of an Ordinance of the Council of the City of Bakersfield amending Section 4.06.040 of Chapter 4.06 (Election of Mayor) of the Municipal Code of the City of Bakers- field. First reading was considered given to an Ordinance of the Council of the City of Bakersfield amending Section 4.06.040 of Chapter 4.06 (Election of Mayor) of the Municipal Code of the City of Bakersfield. Authorization granted to increase Auditorium Change and Petty Cash Fund to $1,500.00. Upon a motion by Councilman Bleecker, the Finance Director was authorized to increase the Auditorium Change and Petty Cash Fund Claim against Public Entities filed by Milton M.Miller referred to the City Attorney. Upon a motion by Councilman Heisey, claim against Public Entities filed by Milton M. Miller was referred to the City Attorney. City Attorney instructed to prepare Ordinance naming "Loustalot Lane." The Division of Highways has requested that a name be given to a new frontage street which will be constructed approxi- mately 300 feet south of Richland Street connecting the eastbound ramps at the interchange between Route 58 and South "H" Street Chester Avenue. It was recommended by the Planning Commission that said frontage road be named "Loustalot Lane." Councilman Thomas commended the Planning Commission for its recommendation, and moved that the City Attorney be instructed to prepare the necessary ordinance naming the new street "Loustalot Lane." This motion carried unanimously. to $1,500.00. 266 Bakersfield, California, November 1, 1971 - Page 21 Approval of Drainage Agreement between Kern Island Water Company and the City of Bakersfield. Upon a motion by Councilman Heisey, Drainage Agreement between Kern Island Water Company and the City of Bakersfield was approved and the Mayor was authorized to execute. Adoption of Resolution No. 77-71 of Application by the Council of the City of Bakersfield detaching the recently annexed territory designated as Beale No. 2 from the Panorama Sanitation District. Upon a motion by Councilman Rucker, Resolution No. 77-71 of Application by the Council of the City of Bakersfield detaching recently annexed territory designated as Beale No. 2 from the Panorama Sanitation District, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Councilman Medders commented that he would urge the Citizens Advisory Committee on Freeway Locations to give some study to Highway 58 extension and make recommendations on the location of the route. Councilman Meisey stated that as soon as a recommendation is made by the State Division of Highways, the Committee will give its attention to this route. Request from Frank Munis for annexation and zoning upon annexation of property located in Tract 2720 referred to the Planning Commission for study and recom- mendation. Upon a motion by Councilman Thomas, request from Frank Munis for annexation and zoning upon annexation of his property located in Tract 2720, was referred to the Planning Commission for study and recommendation. Bakersfield, California, November 1, 1971 - Page 22 ~67 Councilman Heisey requested the City Manager to have the Authority investigate the feasibility of installing signs, in the area of which has become Traffic or some method of slowing down the fast traffic 1428 Lake Street between Haley and Brown Street, a hazard to the residents of the area. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Bleecker, the Council adjourned at 11:15 P.M. ATTEST: CIT~Y L'~E'~ ~,r~c~ the Council of the City of Bakersfield, California Bakersfield, California, November 8, 1971 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., November 8, 1971. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend William East of the Kern County Southern Baptist Association. 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 November l, 1971 were approved as presented. Scheduled Public Statements. Mayor Hart presented a $200 U.S. Savings Bond to Miss Sallie Stanton who won the first place award in the George V. Allen Youth Essay Contest which was sponsored by the Town Affilia- tion Association of the Sister-City Program. Mr. Walter Kane, Chairman of the Sister-City Program, presented Miss Stanton with a bronze plaque which was included in the award. Mr. Nurl Renfro, who resides at 1907 Cedar Street and owns property and operates a business at 1915 - 20th Street, addressed the Council relative to the Refuse Collection Ordinance, urging the Council not to adopt the proposed ordinance on the agenda this evening. He stated that this ordinance is discrimina- tory as it preys on commercial and multiple-dwelling projects while having no effect on single-family residences. Property owners cannot afford the additional burden of refuse fees in the wake of other increased taxes. There is now less demand for apartments, there is a surplus of apartments in the greater Bakersfield area, and taxes have increased 94.3% on several of his rental units without a corresponding increase in the rental value. Adding the increase in refuse fees would result in an increase of 33.7% com- bined taxes without any regard for vacancies. Bakersfield, California, November 8, 1971 - Page 2 269 The owner of rental properties will find it necessary to pass the burden of the additional refuse fees on to his tenants, many of whom are social security or welfare recipients. Mr. Renfre requested Councilman Bleecker to give this proposed ordinance his special attention and to move that it not be adopted. He asked the other members of the Council for the same consideration. For Mr. Renfro's benefit, Councilman Bleecker reviewed the Council's action at budget time relative to granting an increase in salaries to Cify employees, which created a deficit and forced the Council to seek the funds to pay for the increase. Additional revenue from the refuse collection fees, plus some other minor revenue, was intended to offset the deficit. He agreed with Mr. Renfro fhat the refuse charges are inequitable, stating that he proposed an amendment to the Governmental Efficiency and Personnel Committee report last Monday night which would have exempted multi- family dwellings of ten or less from any additional refuse charge, but his proposal was not supported by his fellow Councilmen. If this ordinance is passed tonight, all those people who reside in the City of Bakersfield will be paying double fees except those who own single-family homes, have houses for rent, or live in condominiums. Councilman Bleecker stated he is not prepared to make the motion tonight to do away with the ordinance, but will do so in the future whenever he feels there is a possibility that a majority of the Council will agree that this ordinance should be repealed. Councilman Heisey complimented Mr. Renfro on his presenta- tion and his excellent grasp of the inequities in the ordinance. He has opposed it from its inception, honest way to levy such an ordinance the service which he gets, and until as the only equitable and is by having the user pay for that is done the inequities will exist. If the ordinance had been drafted properly in the beginning, the Council would have been able to successfully reduce the City tax rate in the amount of 6D~, and the Cify would have a user pay ordinance which would have included all the citizens of Bakersfield. Councilman Rucker commented that with the present day cost of living, as one member of the Council, he felt that the 270 Bakersfield~ California, November 8, 1971 - Page 3 good employees of the City of Bakersfield should receive an increase in salary and therefore, the cost of government was increased which must be met in some fashion. Correspondence. The City Clerk read a communication from concerned citizens in the West Park area regarding a meeting held on October 14 with State Division of Highways Engineer Van Voorhis and his staff to present proposed alternative freeway routes for the West Park area. A second communication from this group was read apologizing to Councilman Medders for not recognizing him as being in attendance at the October 14th freeway meeting. Mayor Hart stated that two weeks ago he read a letter into the record which the Council had directed him to write to Otis Chandler, Publisher of the Los Angeles Times, in which he stated "--also, I am reasonably certain that if you had had full awareness of the effect and implications of this article, you would not have permitted its publication." The Mayor then pro- ceeded to read the following response from Mr. Chandler: Dear Mayor Hart: I apologize for the delay in replying to your October 6th letter, but I have been away for sometime and am just now catching up on my correspondence. Your statement to the effect that had I had full awareness of the effect and implications of our West story on Bakersfield is quite true. I was not pleased with it and have since dis- cussed it with my editor. However, there will be no follow-up story on the subject. I am a shareholder and former director of Tejon Ranch and I have spent considerable time in Kern County over the past twenty-five years, and I assure you that I know Bakersfield has a great deal to offer its citizens and certainly has many other sides than the one portrayed in the Powers article. Mayor Hart expressed his pleasure at receiving this response from Mr. Chandler and stated he is sorry that there will not be a follow-up presenting a different picture of Bakersfield. He will refrain from reading into the record his letter to Mr. Bakersfield, California, November 8, 1971 - Page 4 McKnight, President of the Kern County Bar Association, until he receives a reply to it, so that the matter of filing a class action suit is not interpreted in a haphazard fashion and is totally accurate, and the public will understand what is actually under way. Councilman Whittemore moved that the letter from Mr. Otis: Chandler be received and ordered placed on file, which carried unanimously. Upon a motion by Councilman Bleecker, note from Mrs. John E. Loustalot expressing deep appreciation that the Council saw fit to name a street in honor of late Postmaster Loustalot, was received and ordered placed on file. Council Statements. Councilman Heisey commented on a Council resolution adopted last week which he submitted to the Kern County Water Agency consenting to the inclusion of the lands within the City in the proposed Urban Bakersfield Area Improvement District under specified conditions, stating that now is the appropriate time for the Council to form a Citizens Advisory Committee to assist in negotiations for the formation of the Improvement District and the setting up of an election. He therefore moved that the Council appoint a committee of 17 members, two members to be appointed by each Councilman and three by the Mayor, and that the individuals appointed represent a good cross section of the community and adept at the analysis of cost figures, etc. After discussion, this motion carried unanimously. Councilman Heisey stated that the Engineers of the State Division of Highways have indicated that Tuesday, November 16, 1971, will be an acceptable date for them to attend a public hearing before the Council to discuss the 23rd-24th Street corridor for the westerly expansion of 178 Freeway which was recommended by the Planning Commission and the majority of the Council. He then moved that a Council public hearing be advertised for this date, which could either be considered an adjourned meeting or a special meeting of the Council. 272 Bakersfield, California, November 8, 1971 - Page 5 Councilman Bleecker commented that everyone is very anxious to have a public hearing held on this matter, but he feels the location of the freeway is of sufficient importance to deserve giving more than one week's notice to the people of the City who might wish to attend and express their views on the subject. He suggested that at least thirty days be allotted for this purpose. After discussion, Councilman Heisey amended his previous motion and moved that the Council's public hearing be held on December 7, 1971. He asked the staff to contact the State Engineers to that effect. Mr. Bergen stated that the State Engineers are reacting to the City's invitation to attend a public hearing of the City Council and he is certain they will make themselves available to serve as a background for the Council's comments on any date fixed for that purpose. If the State decides whether the route is acceptable or not, it will hold its own hearing at a later date. Councilman Bleecker asked Mr. Hawley, Deputy Director of Public Works, if the October 14th meeting held by the State Highway Engineers and referred to in the letter on freeway proposals from the citizens of West Park area, was called by the State Division of Highways or did the City schedule this meeting. Mr. Hawley replied that the Department of Public Works was not aware of the meeting until the afternoon before it was held, and the City did not promote it in any way. Councilman Medders informed the Council that the residents in the West Park area arranged the meeting and Mr. Jing, Director of Public Works, was present. Councilman Bleecker asked Mr. Hawley if he was prepared to report on the figures presented in Mr. Fortenberry's minority report of last week in order to make a comparison with the statis- tical data supplied by Mr. Van Voorhis, State Engineer, to the Citizens Advisory Committee on Freeways. Mr. Hawley stated that the staff hopes to submit a report to the Council at next Monday's meeting. The State has supplied his department with maps, however, a report of this nature involves Bakersfield, California, November 8, 1971 - Page 6 273 more than merely going out and counting houses because there is nothing in the field which would show where the right of way lines would lie. They are taking a little more time in order to give the Council an accurate report and it is anticipated that the infor- mation will be made available to the Council at next Monday's meeting. Councilman Bleecker moved that the Director of Public Works be instructed to submit the report requested of him at last Monday's meeting at the next Council meeting of November 15, 1971. This motion carried unanimously. Councilman Rees asked Councilman Bleecker why he was in such haste to receive a report from the Department of Public Works when he had asked for a 30 day delay on fixing the date for the public hearing on the proposed freeway route. Councilman Bleecker stated that there was such a discrepancy between Mr. Fortenberry's figures and the State's figures as submitted to the Citizens Advisory Committee, that there could also be many errors in the State's statistical data which should be made a matter of public knowledge before the public hearing. Reports. Councilman Whittemore~ Chairman of the Governmental Efficiency and Personnel Committee, reported on the subject of the Fire Department reorganization~ stating that the City of Bakersfield has not made any major changes in the Fire Department regarding organizational supervision and emergency response procedures for the past twenty years, during which time the population has doubled[, the area has tripled and the total number of Fire Department emer- gency calls has increased by four times. Due to the increase in the City's size and the increase in emergency calls, the present system is proving to be outdated and in dire need of change. With this in mind, the Governmental Efficiency and Personnel Committee has recommended that the City be divided into two fire operation battalions as follows: Battalion No. 1: West of Union Avenue, including Fire Stations No. 1, 3, 5 and 7. In effect, there will be four pumper companies, two truck companies, two squad units and one rescue unit within this battalion. 274 Bakersfield, California, November 8, 1971 - Page 7 Battalion No. 2: East of Union Avenue, including Fire Stations No. 2, 4, 6 and 8, which in essence, will consist of four pumper companies, one truck company, two squad units and one rescue unit within this battalion. To properly activate this operation, the Committee further recommends the authorization of three Fire Suppression Battalion Chief positions. In order to initiate this reorganization, the Committee is recommending that the authorized complement of Fire Captains be reduced by three and that this report be considered for first reading tonight authorizing three new positions of Fire Suppression Battalion Chief, placed in Range 55, Step 4 of the City's compensation ordinance. The additional cost for salaries will amount to $2,196 the first year, or a total of $183.00 per month. Upon a motion by Councilman Whittemore~ the report was received and placed on file, and this was considered first reading of the ordinance. Consent Calendar. The following items are listed on the Consent Calendar: and (d) Ayes: Noes: Absent: (a) (b) (c) (d) Allowance of Claims Nos. 1312 to 1376, inclusive, in amount of $139,341.32. Street Right of Way Deed for alley from Elmer F. Karpe, Inc. Acceptance of Work and Notice of Com- pletion of Contract No. 74-71 for Construction of Reinforced Concrete Pipe Culvert at Stine Canal & Wilson Road and Improvements at 34th Street and Kern Island Canal. Acceptance of the Work and Notice of Completion of Contract No. 55-71 for Construction of Automatic Sprinkler System in Patriots Park Drainfield. Upon a motion by Councilman Medders, Items (a), (b), (c) were approved by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore None None Bakersfield, California, November 8, 1971 - Page 8 275 Action on Bids. by Councilman Whittemore, low bid of Mission accepted, all other to execute the Upon a motion Linen Supply for Industrial Laundry Service was bids were rejected and the Mayor was authorized contract. Deferred Business. Councilman Rees moved adoption of Ordinance No. 1974 New Series of the Council of the City of Bakersfield amending Sections 8.48.010, 8.48.020(n), 8.48.030(a), 8.48.100, 8.48.110(d), adding Sections 8.48.020(s) and 8.48.170, providing for the effective date of Chapter 8.48 relating to Refuse Collection and Control and Charge thereof~ which was given first reading at last week's meettrig. Councilman Medders commented that he has opposed this ordinance in the pasl, but he is not going to do so this evening, because if this is done, the existing ordinance will be effective and the sections considering condominiums as single-family residences and permitting underground containers will be deleted. It is not a change in his position, but he does not wish to get back into the situation which existed a couple of weeks ago. Councilman Bleecker asked the City Attorney if the effective date of the whole ordinance as amended by the proposed ordinance would be January 1, 1972. Mr. Hoagland slated the effective date will be thirty days from the date of adoption, but the operative date is January 1, 1972. This is not ~ proposed ordinance, il is a proposed amendment to the existing ordinance which is already in effect but not operative until January 1, 1972. Councilman Bleecker stated in that case, he will support the motion before the Council. Councilman Heisey stated that any time one segment of the community is deleted from the ordinance it places further inequities on the remaining potlion of the community, so for that reason he opposes the motion. Roll Call Vote taken on Councilman Rees' motion to adopt Ordinance No. 1974 New Series carried as follows: Ayes: Councilmen Bleecker, Medders, Rees, Rucker, Thomas, Whittemore Noes: Councilman Heisey Absent: None 276 Bakersfield, California, November 8, 1971 - Page 9 Upon a motion by Councilman Whittemore, Ordinance No. 1975 New Series of the Council of the City of Bakersfield amending Section 5.38.020 (c) of Chapter 5.38 (Relief and Pension Fund for Fire Department) of the Municipal Code of the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: None Upon a motion by Councilman Bleecker, Ordinance No. 1976 New Series of the Council of the City of Bakersfield amending Sec- tion 4.06.040 of Chapter 4.06 (Election of Mayor) 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 First reading of an Ordinance of the Council of the City of Bakersfield amending Section 3.14.280 of Chapter 3.14 of the Municipal Code, providing for Service Awards to Employees. First reading was considered given to an Ordinance of the Council of the City of Bakersfield amending Section 3.14.280 of Chapter 3.14 of the Municipal Code, providing for Service Awards to Employees. Adoption of Resolution of Intention No. 866 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of a portion of Langdon Avenue east of Grissom Street. Upon a motion by Councilman Heisey, Resolution of Inten- tion No. 866 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of a portion of Langdon Avenue east of Grissom Street and setting November 22, 1971 for hearing on the matter before the Council, was adopted by the following vote: Ayes: Noes: Absent: Councilmen Bleecker, Heisey, Medders, Thomas, Whittemore None None Rees, Rucker, Bakersfield, California, November 8, 1971 - Page 10 277 Adoption of Resolution of Intention No. 869 of the Council of the City of Bakersfield declaring its inten- tion to order the vacation of a portion of 15th Street, in the City of Bakersfield. Upon a motion by Councilman Thomas, Resolution of Inten- tion No. 869 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a portion of 15th Street, in the City of Bakersfield, and setting November 22, 1971 for hearing on the matter before the Council, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None First reading of an Ordinance of the Council of the City of Bakersfield amending Section 3.18.060 (Salary Schedule) of the Municipal Code of the City of Bakersfield by adding a position. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 3.18.060 (Salary Schedule) of the Municipal Code of the City of Bakersfield, by adding the position of Data Processing Operator. Mr. Bergen explained that this position was actually approved during the budget sessions and it was intended to be included in the Salary Schedule Ordinance adopted effective July 1, 1971. Emergency Employment Funds are used for filling this position. Approval of Annexation Boundaries designated as Ming No. 5 and referred to the City Engineer and City Attorney for referral to LAFC. Upon a motion by Councilman Thomas, the annexation boundaries of that territory designated as Ming No. 5 were approved, and referred to the City Engineer and City Attorney for referral to LAFC. Bakersfield, California, November 8, 1971 - Page 11 Council reaffirms that Tract No. 3364 was designed and approved for low-cost housing. Councilman Rees asked for an explanation of a letter from the Stockdale Development Corporation requesting the City Council to reaffirm that Tract No. 3364 was originally approved for government low-cost housing. A similar request appeared on previous Council agendas from Strait & Fambrough, Building Con- tractors. Mr. Mel Jans, Vice-President of Stockdale Development Corporation, stated that the tentative map of this Tract was approved in 1969 and was recorded in 1970. The Tract had a total of 75 lots and a commitment was obtained for the development of 40 lots under a HUD 235 Housing Program. Strait & Fambrough were involved to the extent that they were anticipating receiving a commitment for the remaining 35 lots, but dropped the matter when the commitment was not received. HUD is reluctant to approve any 235 units in the southwest area as a result of the City Council's resolution of June 22, 1971, which requested HUD to defer further 235 and 236 projects in Urban Bakersfield until such time as public hearings may be held. In order to clear up any confusion which may exist at government level, Stockdale Development Corporation is asking that the Council reaffirm that this Tract was intended for 235 Housing. Councilman Whirremote stated that he cannot see any action for the Council to take other than reaffirm that this Tract was originally approved for 235 Housing and made a motion to that effect. Ayes: Noes: Absent: This motion carried as follows: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore None None Bakersfield, California, November 8, 1971 - Page 12 279 Adoption of Resolution No. 78-71 authorizing the filing of an appli- cation for a Federal Grant under Water and Sewer Facilities Grant Program. Councilman Bleecker moved that Resolution authorizing the filing of an application for a Federal Grant under Water and Sewer Facilities Grant Program be deferred for two weeks, and that the staff be instructed to prepare an in-depth analysis of this request for the benefit of the Council. Councilman Whirremote stated that this matter was con- sidered at the Kern Cog meeting last Tuesday night, and is not anything which would cost the City money, has no strings attached and will take care of the drainage problem existing in Councilman Rucker's Ward. He stated that the Council should move with as much haste as possible, because these Federal funds will allow the if the City project to be constructed at a lower overall cost than budgets the funds to build it later. Councilman Rees stated that he can't see any reason for delaying action on the application to make "busy" work for the staff, he is willing to accept the recommendations of the City Manager and the Engineering staff on this project, and their state- ments regarding the necessity for applying for the grant. City Manager Bergen pointed out that this is an application only. Some time element is involved, he cannot say how critical, because he is not sure of all of HUD's requirements from day to day. The extension of the storm drain projects into the Sunset- Mayflower Tract are projects which are already in the five year Capital Improvement Program not as yet budgeted. In this year, the City and State have a joint project budgeted for $291,000; Bakersfield's share is $1t0,000 which is budgeted and programmed for expenditure this year; together with the State of California's share of $181,000, making a total project cost of $291,000. It was called to the City's at.tention that HUD had available funds for storm drains and with time being somewhat important, it was the staff's recommendation that the City make application for funds Bakersfield, California, November 8, 1971 - Page 13 for the construction of some of the projects already proposed in the five-year Capital Improvement Program for the Sunset-Mayflower area, amounting to around $200,000. The City can use the storm drain project which is presently being constructed on the south side of future Freeway 58 between Mr. Vernon and Cottonwood Road as the City's matching share, and that was the basis of the City's application. Mr. Bergen went on to assure the Council that the staff is not just dreaming up storm drain projects to spend Federal funds, but these are future projects in the five-year Capital Improvement Budget which can be constructed at this time and possibly would not be funded by the City for three to five years. Councilman Rucker asked the Council to support this application in order to give the Sunset-Mayflower area a drainage system and eliminate the flooding which exists after every storm. Councilman Bleecker asked if the City contemplates making application for any other grants in the future besides these funds. Mr. Bergen replied that the City has been told by representatives of HUD that they would look favorably on additional applications for funds which could be used for constructing curbs, gutters and sidewalks in the southeast area, and even get into redevelopment such as the removal of substandard homes. These applications will be brought to the Council in the future for consideration. The City has no assurance that HUD will approve this application with- out additional applications "packaged together", but it was thought that the City should apply, and if the Federal Funds are tied together with other types, the Council will have to re-evaluate on that basis at that time. Councilman Bleecker asked the staff to advise the Council when they are contemplating making applications for a couple of hundred thousand dollars of Federal Funds, so that it isn't just "sprung" without any warning, as the Council didn't know anything about this application prior to the meeting this evening. Mr. Bakersfield, California, November 8, 1971 - Page 14 Bergen stated it had been mentioned to some members of the Council at a meeting of the Budget Review and Finance Com- mittee last Friday. It is only an application and in no way commits the City. An application was also made to Kern Cog for concurrence on this project. Of course, the Council would have to give final approval for making any formal application to HUD. Councilman Rees commented that Mr. Bergen had indicated there might be some relation between other HUD overtures and this one, relative to related packages, etc. Mr. Bergen asked the Council to recall that he had sent each member a copy of a letter he directed to HUD in response to notification from HUD officials relative to available funds for improvements in the southeast area. The proposal from HUD was in the manner of a package arrangement, which included various types of grants. He is not sure how far the City wants to go into urban redevelopment. HUD could take the position that unless the City is willing to participate in these other types of grants, it will not receive any funds. Councilman Whittemore pointed out that this matter was considered by Kern Cog at last Tuesday's meeting, and there are no strings tied to the application for funds. Councilman Heisey remarked that if there are no strings tied to it, that could be a fine project; however, he feels as many of the other Councilmen do, that prior notice should be given to the Council if an item does not originate from or have the Council's recommendation. At least a page of explanation should accompany the agenda for Council perusal so if there are any questions, it can be discussed prior to the Council meeting. He pointed out that it was obvious many of the Council members did not know what this application represented. Councilman Whittemore stated that if the Council wishes it, after every Kern Cog meeting, he will present a report to Bakersfield, California, November 8, 1971 - Page 15 the Council explaining the City's application for grants. Council- man Heisey asked that the report be a written one, rather than take up the Council's time with an oral report. Councilman Bleecker asked Mr. Bergen if all requests for Federal Funds originate with Kern Cog. Mr. Bergen replied "no", any application for funds has to come from the City, all requests must originate from the receiving agency. Kern Cog or HUD can notify the City that funds are available for certain purposes, but the City determines whether to make application for the funds. Councilman Bleecker asked that if for some reason Kern Cog turned down this request, could the City still get the money. Mr. Bergen replied that it is his understanding that the City could not get the money if Kern Cog did not recommend approval of any City application. Councilman Bleecker remarked that in other words, a sort of super-government exists in this County that can approve or dis- approve applications for Federal Funds for the City of Bakersfield. Mr. Bergen stated that the incorporated cities and the county were very reluctant to form Kern Cog, but had no choice in order to retain local control. Councilman Whittemore commented that Kern Cog was formed in self-defense, and was done due to the fact that the eleven incorporated cities joined together and now have what they consider the best local control they can possibly get. Had Kern Cog not been formed, the State was mandated by the Federal Government to step in and form regional governments, have had any applications satisfactory, local control. As far as are made, if the terms of the City can back off at and the cities would not accepting funds after any agreement are not any time. The Executive Director of Kern Cog is very well informed on the Federal Funding Acts, and if he sees funds are available that would be attractive to the City, he calls the City Manager, and if the City wants to apply for the funds, it can do so. Bakersfield, California, November 8, 1971 - Page 16 283 After additional discussion, Councilman Bleecker with- drew his motion to defer acting on the Resolution for two weeks, and stated he would support the Resolution. Councilman Whittemore then moved to adopt Resolution No. 78-71 authorizing the an application for a Federal Grant under Water and Sewer Grant Program, by the following vote: Ayes: Noes: Absent: filing o~ Facilities Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore None None City Manager Bergen commented that he does not think there is anything wrong with the full Council discussing something of this much importanceto the community and what this Council's attitude is towards Federal Grants, as a Committee can not speak for the full Council. Personally, he appreciates having the opportunity to hold a discussion on this matter with the full Council and he invites the Council's comments at any time. Councilman Whittemore commented that in the future, after a Kern Cog meeting, anything which pertains to the City of Bakers- field should have a written report prepared and sent out in the Council's weekly packet. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Heisey, the meeting adjourned Calif. at 9:45 P.M. ATTEST: of the City of Bakersfield, California Bakersfield, California, November 15, 1971 Minutes of the regular meeting of the Council of the City of Bakersfield, Cali£ornia, held in the Council Chambers of the City Hall at eight o'clock P.~M., November 15, 1971. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Olan Terrell of the Wesley Methodist 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 November 8, 1971 were approved as presented. Correspondence. The City Clerk announced that the next meeting of the South San Joaquin Division of the League of California Cities will be held in Tulare on Friday, December 3, 1971, and the program will be the installation of new officers. The following communication from A. T. Samuelson, Director of the United States General Accounting Office, addressed to Congressman Bob Mathias, was read: Pursuant to your request of May 26, 1971, and' subsequent discussions with you, we have been reviewing the operations of the Kern County Economic Opportunity Corporation, Bakersfield, California, an Office of Economic Opportunity Grantee. The purpose of this letter is to inform you of the current status of the review. We have substantially completed our examination of the following program areas: General Administration of the Corporation Emergency Food and Medical Program Neighborhood Service Centers Economic Development Urban Planning The review has been heavily oriented towards developing and evaluating information on the results obtained from the Corporation's pro- grams and activities. We also tested the adequacy of the Corporation's financial adminis- tration. We are in the process of drafting a report 'on the results of our review and expect to release it to you about the end of January, 1972. Bakersfield, California, November 15, 1971 - Page 2 Councilman Heisey commented that the investigation con- ducted by the General Accounting Office was quite extensive, as 4½ months were spent reviewing the operations of the KCEOC. A great deal of time will be spent in writing the report on the investigation, as it becomes an official document of the United States Congress when it is completed. He then moved that the communication be received and ordered placed on file, which carried unanimously. Council Statements. Councilman Bleecker read two communications into the record which were addressed to him as a Councilman, and requested that they be spread on the Minutes, as follows: Councilman Bleecker, Councilman Dear Keith: Speaking as one owner of apartments, I want to thank you for the common sense approach you have taken regarding the refuse fees. I wish I had the money and the time to fight this issue through the courts. The present stand of the City Council is discriminatory and as such, I believe, illegal. The use of the term "free services" where government at any level is concerned, is phony and dishonest. The refuse service has been a part of our property tax structure. If this is no longer the way to go, lets level the fee at all of the users of that service. As it stands, I feel that I will be paying twice for a service via taxes and the fee. This is unjust. The apartments I own are the low-rent variety, taxes and costs have gone up, and if I were to pass all of these costs on, the renters involved could not pay. With the saturation of apartment dwellings in this area, the competition is such that they do not have, to stay. I now have three vacancies out of seven units. Aside from the investment of time this month, it appears I am going to have to dip into other earning sources to make payments on the apartments. My case is not unusual, and yet the City looks to us as a fat source of revenue to balance the budget. We have as much or more financial pressures as the owner who only occupies his own home. Today I would be happy with all my efforts to bail out of the described property for what I have in it or less. I think there are many others like me. This is not a big expense to owners some would say, but it is one more expense which unfairly burdens only part of the users of the refuse service. Sincerely, James D. Copeland Bakersfield, California, November 15, 1971 - Page 3 The second communication reads as follows: Dear Councilman Bleecker: As the letter writer for the ten Montclair Street residents, the letter you had read into the Council record, I wish to thank you for your interest and courtesy thai our letter be made a part of the record. We do not want a freeway rammed down our throat any more than do the residents of your Ward. We have written to the Highway Action Coalition in Washington, D.C., asking for suggestions on how to fight poorly-planned development. Have residents of the Fourth Ward contacted this organization. Also, the Valley Transportation Coalition in Phoenix might be helpful. Actually, there would have been three times the number of signatures on the letter that went to the Council last week. It's just that this letter writer got tired revising the original letter after talking with each person who signed. But it's the only way to have a truly representative letter. I am quite sure that if I had gotten all interested parties to sign, Councilman Medders would have been on the telephone for more than one night. Is there any way that residents of the Fourth and Fifth Wards could work together to bring about a more logical and humanistic solution of the Bakersfield Freeway problems. Very truly yours, Jean Cleaves 604 Montclair Street Bakersfield, Councilman Bleecker stated that he has had a number of calls from people asking why the quadrant added to the existing parking mall has so many 36 minute parking zones. He asked the City Manager to check into this with the Traffic Department and furnish him with a report tomorrow. Councilman Rees stated that the matter of the County- wide district unification is still an issue in Kern County. In April, 1968, the Council of the City of Bakersfield went on record with a Resolution opposing any type of school district reorganiza- tion that would divide the Bakersfield metropolitan area. He is greatly concerned with the education of people and he intends to pursue the matter by seeking what he believes is best for the school children and the City and County. The Kern County Committee on School District Organization has once again opened hearings on what is referred to as the 14-District Plan which will divide the Bakersfield, California, November 15, 1971 - Page 4 ~7 urban area into three districts; the north, the south and the east.. He quoted the tax figures which would support each pupil and which would range from $4.74 in the north, $7.24 in the south and $10.03 in the east. He moved that the Council go on record as it did in 1968 to oppose any plan which would divide the metropolitan Bakers-- field area in an unequitable manner, and that the City Attorney be directed to prepare an appropriate resolution reaffirming the Council's position. Also, that the City be represented at the hearings which will be held in various sections of the community on November 16, 17 and 18, 1971. Councilman Bleecker expressed support of the motion. Vote taken on the motion carried unanimously and Resolution No. 79-71 was adopted. City Attorney Hoagland asked if Councilman Rees had in mind for him to present the resolution at one of the hearings this week. Councilman Rees produced a copy of the previous Resolution stating that it could be reworded to reaffirm the Council's opposition to the 14 point plan. Mr. Hoagland stated that at the time this resolution was drawn, his office was not in possession of all the facts, but he does have additional arguments at this time and they can be incorporated in the resolution. Councilman Medders pointed out that the 14-District Plan is being proposed now and the Resolution should definitely state the Council's opposition to this Plan, as this proposal will divide the metropolitan area of Bakersfield into three districts. Councilman Heisey referred to the letter read earlier by Councilman Bleecker from a constituent expressing opposition to the refuse collection fees, stating that his phone has been ringing constantly both at home and at his place of business. The people are incensed and it is particularly bad, inasmuch as this Council has enjoyed a fine reputation for responsibility for the past several years. The commercial and industrial segments of the com- munity are being charged for refuse pickup on the tax rate and are now being told that they will be charged another refuse fee. It is grossly unjust and he feels that the probability of the City being sued is a good one, as he has been told by several people that they are contemplating such action. 288 Bakersfield, California, November 15, 1971 - Page 5 The honest and fair way to handle this is to take the whole thing out of the tax rate, drop the tax rate for everybody and then charge those individuals who use the service for the service they get, which is a straightforward approach everyone can understand, as it is equitable to everyone. Councilman Medders read the following letter into the record which was sent to him from a constituent: Editor, Bakersfield News Bulletin Dear Sir: In fairness to Mr. L. S. Van Voorhis, Division of Highways Engineer, I would like to clarify the accusations made against him in a letter read to the City Council and reported in this paper. I am one of those who initiated the West Park citizens meeting and Mr. Van Voorhis was the invited guest speaker. The audience was tense and to reduce this tension, he used the word "hostile" in his opening remarks. Members of the audience constantly interrupted him, al- though he had requested that questions be asked after he finished his talk. Those of us who live in the actual site of the proposed freeway preferred to confine discussion to the issue of the freeway rather than diverting to attack individuals. Yours truly, Margaret Haut 4601 E1 Monte Way Councilman Whittemore commented that the West Park area citizens who criticized the Council members for not attending their freeway meeting, did not notify the Council that a meeting had been scheduled or that Mr. Van Voorhis would be in attendance. He would have been happy to attend if he had received an invitation to do so. Councilman Whittemore went on to say that the Council has discussed "garbage" for three consecutive weeks and that Councilman Bleecker has done a complete "flip flop" since budget sessions when as a member of the Governmental Efficiency and Personnel Committee, he supported the Refuse Collection Fee Ordinance and he reviewed the facts and figures and recommended this action to the City Council. Also, Councilman Heisey doesn't pull any bones about representing the commercial and business interests of the City. Evidently he feels that the single family property owners are "free Bakersfield, California, November 15, 1971 - Page 6 289 loaders", He analyzed some of the costs for City services, high concentration of Police and Fire Protection mercial section, paid for out of the general tax. and some of the Council doesn't happen to feel that way. stating that the are in the com- Those people living in the neighborhoods are lucky to have their streets swept once a month, while they are swept nightly in the business downtown area, which also comes out of the general fund. The high rate of flow and concentration of sewage treatment is generated from the commercial area, but is still paid for from the general tax which is paid by the single family property owner. He pointed out that 90% of the cities in the State of California charge for refuse collection and all of them are charging commercial and industrial users, so that the City of Bakersfield is not unique. The majority of the Council felt and still feels that this is the equitable manner to charge for refuse collection and he will continue to support it. Councilman Bleecker stated that the Vice-Mayor maintains that he did a "flip flop", and he is right. He was a member of the GEPC which initially recommended this ordinance to the Council. Since that time, however, he can see the myriad of problems it has caused and at the last Council meeting he made the statement that he hoped if the ordinance could not be repealed, that it would be piece-meal amended to death. He still has that feeling, he feels that it is grossly unfair, primarily to those people who are small property owners or in the middle income ($8,000 - $15,000) taxpayer. In any elected body legislation is either repealed all together later or amended, because the legislators are trying to do what is right for the public. Councilman Heisey commented that Mr. Whittemore stated most of the cities in the United States have a fee for refuse collection~ 'and he is correct. But they charge everyone who uses the service, and if it is not used, the property owner is not charged for it in his tax rate. That is the important difference. Councilman Whittemore stated that perhaps Mr. Heisey should be supplied with a copy of the survey made on refuse collection in various cities, and Councilman Heisey stated he had a copy in his office. 29O Bakersfield, California, November 15, 1971 - Page 7 Councilman Rucker commented that there are inequities in everything that the City attempts to do on behalf of its citizens, and there are possibly inequities in the Refuse Collection Ordinance which through the City staff and the City Council will be corrected in the future. It will work a hardship on some people, but he feels that it will do a great job for the majority of the people. Councilman Bleecker pointed out to Mr. Rucker that the low-income families in his ward would possibly be the hardest hit by this refuse charge. Councilman Thomas stated that he had checked with the Finance Director's office and the County Assessor, and using the 65~ tax rate deduction referred to at several Council meetings and on the radio, based on an average home worth $12,000, with an assessed valuation of $3,000, the property owner would save $19.50 per year. An $18,000 home using the same 65~ reduction in the tax rate, would break even. Therefore, he is in favor of the refuse collection fees, otherwise, the property owner with the expensive home would make money off the little person, and he doesn't like it, it just isn't fair. Councilman Rees stated he sympathizes with the people in the low-income bracket, but the Council is discussing a division of refuse charges between the commercial and the non-commercial users, and he asked what that had to income class. Councilman Bleecker stated do with being in a certain that most of the people that make a decent wage and have a good job, are paying 85% of the taxes, whether it is taxation on refuse, taxation on incomes, for schools, or whatever it is. Councilman Rees prove to his satisfaction commercial operations people, he is against remarked that if Councilman Bleecker can that a charge for pick up of refuse from in the City of Bakersfield is a tax on poor it. Bakersfield, California~ November 15, 1971 - Page 8 291 Mayor Hart welcomed and introduced the individual students participating in Teen-Age Government Day being held November 17, 1971~ who were present at the Council meeting to observe their counterparts conduct City affairs. Reports. Councilman Rucker, Chairman of the Auditorium-Recreation Committee, read the following report on the California Avenue Park Neighborhood Facility: Last week the Kern County Board of Supervisors approved the City of Bakersfield's request that the County financially support 75% ($120,000) of the California Avenue Park Neighborhood Facility, emphasizing that this is the maximum amount they will contribute to this project. In 1969 the City of Bakersfield had an annexa- tion pending which would have annexed and made the City responsible to all residents of the entire southeast area of Bakersfield. At this time both residents and the unincorporated area showed an interest in developing a multi-purpose facility in California Avenue Park since Federal aid was available for such projects. The City was reluctant to make application for such a project until the annexation vote occurred, because if it failed, a substantial area not within the City could not participate. Officials of HUD informed the City that the time element was crucial and if the City made application and the annexation failed~ the City was not obligated to proceed. On this assumption the City submitted an application, with the reasoning if the annexation failed, perhaps the County of Kern could assist in the project. In March of 1969 the annexation was defeated, and as a result, the City was faced with the possibility of providing a neighborhood center which would be used by more than 50% non-City residents. Rather than doing away with the project, the Council instructed the City's Auditorium-Recreation Committee to meet with members of the County Board of Supervisors to work out an equitable solution in financing the local portion of the project. Over the past 2~ years, the Council Committee and City staff have met with the Board of Super- visors and the County's Administrative Staff and discussed the project plans and development schedule in detail. The County indicated that they might assist in the capital cost of con- struction; however, they could not be involved with maintenance and operation costs. Since maintenance and operation costs would amount to approximately $50,000 annually, to the City on an on-going basis, it was felt that the County should contribute at least 75% of the original out-of-pocket cost to the City. During the fiscal year 1969-70, the County budgeted $40,000 toward this project, in the 1970-71 budget they budgeted $40,000, and last week approved a con- tribution of an additional $40,000 which brings its total contribution to the requested $120,000. Bakersfield, California, November 15, 1971 - Page 9 The City budgeted its one-fourth ($40,000) during the 1969-70 fiscal year. This means that matching funds in amount of $160,000 as required by HUD are available, which will be matched by HUD's two-thirds contribution of $322,213, for a total project development cost of $480,000. On October 14, 1971', the City' received a contract from HUD which would finalize its agreement for this facility, which was to be executed and returned within 30 days; however, as the County and the City had not arrived at a mutual under- standing on the local portion, the City requested an additional 30 days to submit this final con- tract. With the final approval of the County's portion of this project, the City and County should now enter into a Joint Powers Agreement. The City Attorney's office has prepared a draft copy of this agreement, and as soon as the details are worked out, it will be submitted to the Council and the Board of Supervisors within the next two weeks for adoption, so that the City can proceed with entering into a contract with HUD. Councilman Rees commented that he was privileged to be a member of the Auditorium-Recreation Committee at the time this project was in the formative stages and he is very happy to see that it is at the stage of final action. It will benefit the people in the southeast Bakersfield community and it is for those people the Council is concerned. He expressed his gratitude to the Board of Supervisors for honoring its commitment to make this project possible and especially commended Supervisor Miller for cooperating with the Committee as a liaison member of the Board in a very friendly manner. Mr. Schroeder, the Architect for the multi-purpose building has virtually completed his plans and Councilman Rees expressed the hope that it will not be very long before the building is completed. Councilman Bleecker stated that it was his recollection that the maintenance and operation costs were originally considered to be $35,000 and this report indicates that these costs are now $50,000 annually. He asked if the City has raised its sights on these costs in the amount of $15,000 a year. Mr. Bergen stated that both amounts were estimates and he would say that the cost will depend on the different levels of service provided. It is the City's intention to hold the line within this amount, which will be a budgeted item each year, so that the Council can look at the cost on an annual basis. Councilman Heisey stated this is a very worthwhile project, he has supported it from the beginning. This project is needed in Bakersfield, California, November 15, 1971- Page l0 293 this area and it is appropriately part of the Recreation budget. As stated by the City Manager, the operating costs will be con- sidered each year at budget time, and can be kept within a reason- able figure. Councilman Whittemore stated he was the Councilman who first introduced this project to the Council floor many years ago. He thanked Supervisor Milton Miller for his cooperation in the program and also thanked those citizens who participated and looked forward to this building with a great deal of anticipation. He stated he is very proud and pleased that it has finally reached reality. Councilman Rucker then moved adoption of the report, which carried unanimously. Consent Calendar. Upon a motion by Councilman Medders, Item (a) of the Consent Calendar - Allowance of Claims Nos. 1377 to 1455, inclusiw~, in amount of $24,039.64, and Budget Transfer from Fund No. 11-510-6100 in amount of $5,825, to be distributed to Fund 11-615-6200 - $540; 11-615-7100 - $435; 11-690-7200 - $4,800; and 11-716-3400 - $50, were adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Councilman Medders asked the City Manager if this amount of $5,825 providing funds for the employment of a Building Inspector I under the Emergency Employment Act did not exceed the 10% overall amount alloted for employment under the Emergency Employment Act. Mr. Bergen stated that the staff did not anticipate coming back to the Council for additional funds, but it is necessary to purchase capital items such as office equipment, car and radio for the Building Inspector I position. These funds were originally budgeted for this purpose, but were removed during budget time when this position was not approved. Deferred Business. Upon a motion by Councilman Whittemore, Ordinance No. 1977 New Series of the Council of the City of Bakersfield amending Section 3.14.280 of Chapter 3.14 of the Municipal Code providing 294 Bakersfield, California, November 15, 1971 - Page 11 for Service Awards to Employees, Ayes: Noes: Absent: was adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore None None Upon a motion by Councilman Bleecker, Ordinance No. 1978 Absent: None New Series of the Council of the City of Bakersfield amending Section 3.18.060 (Salary Schedule) of the Municipal Code of the City of Bakersfield to include the new class title of Fire Battalion Chief, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: None Upon a motion by Councilman Rucker, Ordinance No. 1979 New Series of the Council of the City of Bakersfield amending Section 3.18.060 (Salary Schedule) of the Municipal Code of the City of Bakersfield adding position of Data Processing Operator, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Councilman Bleecker asked if this position is one that primarily concerns itself with figuring the additional refuse collection fees to be charged by the City. Mr. Bergen stated this was related to it. Councilman Bleecker asked what the estimated cost would be for this position, and Mr. Bergen stated about $7500. Adoption of Ordinance No. 1980 New Series of the Council of the City of Bakersfield designating a name for City Street, as Loustalot Lane. Upon a motion by Councilman Thomas, seconded by Council- man Heisey, Ordinance No. 1980 New Series of the Council of the City of Bakersfield designating a name for City Street as Loustalot Lane, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None 295 Bakersfield, California, November 15, 1971 - Page 12 Petition from 122 citizens requesting the parking time on the south side of 17th Street between "K" and "L" Streets be returned to 5 hour parking zone referred to the Traffic Authority. Upon a motion by Councilman Heisey, petition from 122 citizens requesting the parking time on the south side of 17th Street between "K" and "L" Streets be returned to 5 hour parking zone was referred to the Traffic Authority for study and recommenda- tion. Councilman Bleecker asked that a copy of this petition be furnished to him as it concerns an area in his Ward. Acceptance of Grant Deed for 10 acre Drainfield and Parksite on Akers Road between Planz Road and White Lane. Councilman Whirremote asked several questions relative to the proposed 10 acre Drainfield and Parksite on Akers Road between Planz Road and White Lane. 1. Are the developers in that area donating a portion of this land to the City of Bakers- field as all other subdividers have been required to do. 2.Are the developers going to share the cost of fencing and improvements in this area. 3. What will be the disposition of the five existing small drainfields. Mr. Bergen replied that the drainfield would serve developed property without a direct charge. However, as any vacant property is developed, the subdividers will be required to pay as is done in other areas. The five drainfields will be abandoned, however, some of the sump sites will revert back to the developer and the sumps that do belong to the City will be filled and sold. This will help pay the cost of the drainfield for the developed property. Mr. Jing, Director of Public Works, stated that his department is working on a drainage district plan to be submitted to the Council for approval, which will then set a rate for acreage fees as adjacent properties make use of the drainage facility. Bakersfield, California, November 15, 1971 - Page 13 Councilman Whirremote suggested that the funds from the sumps which are filled and sold be used to help defray the cost of the new drainfield and moved that the Grant Deed for this property be accepted. This motion carried unanimously. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Whitfemore the meeting was adjourned at 9:12 P.M. ATTEST: Calif. C~~an~.x-~~lerk of the Council of the City of Bakersfield, California Bakersfield, California, November 22, 1971 297 Minutes of of Bakersfield, California, held City Hall at eight o'clock P.M., The meeting was called a regular meeting of the Council of the City in the Council Chambers of the November 22, 1971. to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Gerald Spencer of the Rexland Acres 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 November 15, 1971 were approved as presented. Scheduled Public Statements. Mrs. Roger Narinian of 5805 Easton Drive, addressed the Council and expressed objections to Refuse Collection Ordinance No. 1961 New Series. She stated that her primary objection was the reason that created the need for the ordinance, the salary increases granted City employees because of pressure from organized employee groups which should not have been done without funds to pay for the increases. She voiced objections to the ordinance because it singles out certain segments of the taxpaying public who already pay higher taxes than single family home owners, and are being taxed double because the collection service fee is also included in the property tax rate. She asked if landlords who own individual rental houses are required to pay additional collection fees. She and her husband own apartments and are unable to pass on the addi- tional fees to their rentals because rents are frozen. They are already losing money on these apartments, and she asked where the incentive is to continue in private enterprise or invest in the economy. She asked what it will cost the taxpayer to collect this refuse fee, as she has been told that additional employees and equipment are needed to do so. Mrs. Narinian suggested that Ordinance No. 1961 New Series be rescinded, the salary increases be rescinded and the services reduced. If this is not feasible, a solution would be to turn the collection over to private enterprise and permit the property owner Bakersfield, California, November 22, 1971 - Page 2 to utilize the service he so desires. Also, another solution to the problem would be to raise the property taxes so that everyone would be paying equally for the refuse collection service and could write it off on his income tax. She suggested that some consideration be given to recycling refuse which would reduce the costs to the taxpayers. Councilman Bleecker commented that the questions raised by Mrs. Narinian are those which some members of the Council have asked both publicly and privately. In answer to some of her questions, he stated that the single family dwellings that are rentals are not included in the ordinance, and the cost of the new ordinance is the cost of the collection of the fees, which is difficult to determine. Councilman Whittemore complimented Mrs. Narinian on her presentation here tonight and complimented Mr. Webster and Mr. Renfro for their community-wide participation in the matter of refuse collection. He stated that he had listened to their recording and would take exception to some of the statements made in it. This ordinance is not an introduction to imposing a refuse fee on single family dwellings, which was attempted by the Council several years ago and voted down. This ordinance is not infallible, it is apparent to him that many aspects of it need corrected. Bills for these charges far exceed the estimate presented to the Governmental Efficiency and Personnel Committee at the preliminary hearings and on which was based its recommendations to the Council during budget sessions. As it was proposed, it is a sound ordinance, as it is being put into effect, there are abuses in it. The charges are far too high, it was not the intent of the ordinance to force anyone out of business, the Council members have the community's interests foremost in their minds and before the ordinance is put into effect on January 1, 1972, these fees will be studied and corrected. He stated that the Committee will meet to review this ordinance as soon as the City Manager returns from vacation and adjustments as necessary will be made with the approval of the Council. If the Council should go to the proposal of user-pay, people in neighborhoods are going to get a tremendous tax break, because the collection of the refuse is only one facet, the volume, '99 Bakersfield, California, November 22, 1971 - Page 3 the transportation, the cost of the sanitary landfill, the use of the sewage treatment plant, all of these things must be considered. He cited the additional services being furnished to the business areas which are paid for out of the property tax and which are not provided to those people living in the residential areas. Councilman Heisey complimented Mrs. Narinian on her presentation, stating that she has brought out a lot of points that have needed to be discussed. Since August he has been talking against this ordinance at every meeting. It is grossly unjust and the Council by a 4 to 3 vote adopted a budget which was completely out of balance without the funds to underwrite it. In order to finance the budget, the Council came up with a scheme to charge the commercial and business interests of the community enough additional fees for refuse pickup to cover the deficit. Councilmail Whirremote has pointed out that downtown business receives City services at a higher level than the residential area. This is done because those businesses pay about 30 or 40 times more in property taxes than the residential areas which certainly warrants more protection and service. He has learned from the Finance Director that 71.4~ of the tax rate goes for refuse collection services. It is most important that the Council is concerned about the property tax rate as it is the only rate the Council has any control over. Since the bills started going out for the additional refuse collection fees, he has had many calls, and he thinks that the entire ordinance should be repealed,which is a good point of beginning, and since the Council has already spent the funds, it will be necessary to come back with an ordinance that is fair to everyone. He strongly feels that charges for refuse should be on a user-pay basis, which he is sure will be acceptable to all home- owners. He will support that type of ordinance, but he cannot support the one which is in effect now. Councilman Bleecker commented that the only way a City can operate is by using the power to tax and when it does, those funds have to be well spent. He stated that he d~esn't know of 3O0 Bakersfield, California, November 22, 1971 - Page 4 any other way to operate City business than to allocate on the tax roll so many cents per hundred dollars valuation for the services that are performed by the City. Mr. John Ramage, owner of the Manley Apartments located at 1908 18th Street, voiced objections to the additional refuse collection fees, stating that he has been assessed about $88.00 per month for his 35 apartments which in a great many instances do not use the garbage cans. He stated that he has already been hit hard by the additional utility tax levied on his apartments and his taxes have gone up every year. He has to meet competition and is not permitted by the freeze to raise his rents. He feels that this additional fee is grossly unfair to the apartment owners, and if this is going to continue, every property owner should share in the costs. Mr. B. L. Dickinson who lives at 3500 Panorama Drive, addressed the Council stating that he is President of the Apart- ment Owners Association, and he asked the City Council to vote tonight to repeal the ordinance and to adjust the fees so that they are fair and equal to everyone in the community. He stated that when he received his statements for additional collection fees for his apartments, he informed the City to take him into court, as he is not going to pay them. Two organizations to which he belongs are in the process of getting an injunction against the City on January 2, 1972, to prevent the collection of these fees, which will cost the City and the taxpayers to fight this suit. He stated he thinks it is time to call a halt, to reconsider it, and to adjust it so that everyone will be happy. Councilman Bleecker commented that he had intended to wait until Council Statements to say what he is going to say now, but since Mr. Dickinson has made this request of the Council and has indicated the apartment owners feelings on the refuse collection ordinance, he is now going to move to repeal the Ordinance. He then made the motion that Refuse Collection Ordinance No. 1961 New Series and all amendments thereto, be repealed and that Monday, November 29, 1971, a regular Council session, be set aside for the 301_ Bakersfield, California, November 22, 1971 - Page 5 Council to meet as a Committee of the Whole to consider alternatives to the Refuse Collection Ordinance. He then called for the question. Mayor Hart stated he could call for the question, but it did not isolate or prevent debate on the motion. Councilman Whirremote asked for a ruling from the the legality of the motion. Assistant it was a legal and proper motion. City Attorney relative to City Attorney Leach ruled Councilman Rees submitted an amendment to the motion that the Council act as a Committee of the Whole at the December 6, 1971 meeting to consider this matter. Councilman Bleecker accepted this amendment to his motion. Councilman Thomas asked for a division of the question in order to give the Council the opportunity to vote on repealing the ordinance and on setting the date for the meeting fo discuss and determine alternatives, as two separate actions. Councilman Bleecker stated that there is no way to divide the question that one section of it depends upon the other. If the Ordinance were not repealed at this time, then the second part of the motion would be a moot question. Therefore, he would say that this is one and the same motion, and he would oppose any ruling that decided otherwise. When consulted, Mr. Leach stated that if the ordinance were repealed, the Council would have to consider alternatives, so the question could only be voted upon in total. Councilman Whittemore stated that he would support Councilman Thomas because if the Council votes not to rescind the ordinance, it would preclude the Council from meeting on December 6, 1971, to discuss alternatives which some of the Council wants to do. He stated that he is opposed to it in this form, because any suggestion to adjust the tax rate at this late date is not possible. After some additional discussion, vole was taken on Councilman Bleecker's motion which carried as follows: Ayes: Noes: Abs e,n t: Councilmen Bleecker, Heisey, Medders, Councilmen Rucker, Thomas, Whittemore None Rees 3O'2 Bakersfield, California, November 22, 1971 - Page 6 Correspondence. Upon a motion by Councilman Whirremote, communications from Mr. Chuck Maskal, dba Emergency Plumbing Service, Mrs. AlbertsL Kenney and Mrs. H. E. Foreman, expressing objections to the addi- tional refuse collection fees, were received and ordered placed on file. Upon a motion by Councilman Rucker, communication from Mr. John Robinson, Lakeview Community Council, re City Council support of Program "College as Parole Plan" was received and ordered placed on file. Council Statements. Councilman Rees asked the Director of Public Works what progress is being made on the construction of a bikeway and pedes- train path to the three schools located on Auburn Street, stating that a hazard definitely exists as a young student on a bicycle has collided with a school bus at Oswell and Auburn Street and he would like a report that would give some encouragement to the people who are asking when this bikeway will be finished and when the students will be able to use it. Mr. Jing stated that the staff has met with the school officials and has given them a plan, the construction work of the bike lanes has been completed except for that portion which is under the P. G. & E. easement. Verbal consent has been given for the use of it, but he has not received written permission to that effect. The pathway has been graded, but it has not been paved and as soon as permission is received from the utility company, the paving of the lane itself will be completed at once. Reflectors and plastic buttons have been ordered by the Traffic Department which will define the travel pbrtion of the lanes and delineate the bikeway and pedestrian path from the roadway. Councilman Rees thanked Mr. Jing and stated that he is sure this will be a functional, useable, practical bikeway and a plan which will require the cooperation of the students to observe the speed laws. Councilman Rees complimented Mr. Owen Kearns, Jr. for his excellent column in the Bakersfield Californian last weekend, Bakersfield, California, November 22, 1971 - Page 7 303 in which he undertook an informative analysis of the Kern County School redistricting problem. He stated he thought it was very well done, and although he didn't happen to agree with every con- clusion Mr. Kearns made, he recognized it as a very thorough and professional study. Councilman Rees expressed his admiration of the manner in which the Teen-Age Government various high schools in the City, on Wednesday, November 17, 1971. Students, representatives of the conducted their Council meeting He was pleased that .they discussed some real subjects, not just make-believe, and that they have asked to come back to the Council to report their conclusions after another meeting. He stated that perhaps they can learn something from the Council, but he knows that the Council can certainly learn something from these young people. Councilman Rucker stated that California Avenue has been improved from Williams to King Street and it is his understanding money was budgeted for the painting of the median islands on this street. As of this date, these islands have not been painted and he asked the staff when this will be done. Mr. Jing stated he will check on it and report to Mr. Rucker later. Councilman Heisey verified Councilman Rucker's statements that funds were placed in the budget for this street as well as other streets for fhis purpose, and he would encourage fhe Public Works Department to pursue this project as it is a much needed improvement. Councilman Medders stated that he attended the meeting at the Bakersfield Education Center on Tuesday night, November 16, 1971, and the Council would have been gratified with City Attorney Hoagland's presentation of the Resolution reaffirming the Council's position opposing the 14 District Plan for redistricting the school districts. He stated that he wished to compliment the City Attorney for his real fine job in behalf of the Council. 3O4 Bakersfield, California, November 22, 1971 - Page 8 Reports. Councilman Bleecker read a report of the Business Develop- ment and Parking Committee on the subjecf of 36-Minute Parking Zones in the Downtown Parking Mall. The question arose at the last Council meeting as to whether there were more 36-Minute Parking Zones in the new mall extension than there were in the old mall area, and whether all of the 36-Minute Zones were needed. The Business Development and Parking Committee, the staff and the Traffic Authority held a meeting to discuss this matter and Captain Price advised that there were four 36-Minute Parking Zones per block on each side of the streets, the same number as existed in the old parking mall. He suggested leaving all of the 36-Minute Zones in the new parking mall extension for about 30 days in order to evaluate whether they are being used. If necessary, some of the parking zones could then be removed until such time as they are needed. The Committee therefore recommends adoption of this report to allow the Traffic Authority sufficient time to evaluate whether all of the 36-Minute Parking Zones are needed in the new parking mall extension. Upon a motion by Councilman Heisey, the report was received and adopted. Councilman Bleecker, Chairman of the Business Development and Parking Committee, reported on the subject of an amendment to Ordinance relating to benches on public right-of-ways. During this past week, this Committee and the staff have met to discuss an amendment to the ordinance relating to benches on public right-of-ways. The present bench permit fee of $2.00 per bench was established 25 years ago. The staff has contacted other cities who have recently updated their bench ordinances and learned that all of the cities are charging at least $4.00 per bench, with a few charging as much as $6.00 per bench. The staff has discussed a proposed increase with the Bench Ads Company that presenfly owns all of the benches on public right-of-ways within the City and company officials have agreed that a proposed increase to $4.00 per bench is a fair rate. Bakersfield, California, November 22, 1971 - Page 9 3O5 This Committee recommends adoption of a fee schedule of $4.00 per bench and also recommends a change in the requirement that a separate bench permit be issued for each and every bench. The Committee feels that one permit per year should be issued for all of the benches owned by one Company. The Committee recommended adoption of this report and that the attached ordinance be con- sidered given first reading. Upon a motion by Councilman Bleecker, the report was adopted and the ordinance considered given first reading. Councilman Bleecker read a report submitted by Captain R. O. Price, Traffic Division, on the subject of petition presented to the Council signed by 122 persons who requested the re-estab- lishment of 5-hour parking on the south side of 17th Street between "K" and "L" Streets. Captain Price stated that all of the 5-hour parking had been cut to 2-hour parking long before the installation of the new mall extension with the exception of the south side of the 1300 Block of 17th Street, and requests had been received to consider the reduction of the time limit in that block also. If only one- half of the Block were returned to 5-hour parking, the number of spaces which would be available would not be enough to alleviate the parking problem for 122 people. In addition, all of "L" Street is already 5-hour parking. There is a 10-hour parking lot for 25~ at 18th and "K" Streets, within one block of the requested time zone, and a free city parking lot at Truxtun Avenue and Eye Street which is about three blocks. There are several private garages in the immediate area and the Traffic Authority feels that there are adequate places not too far removed from the parking mall where employees can park all day. It is the Traffic Authority's recommendation that the area requested is not changed to 5-hour parking. If it is changed, it will have to be done by City Ordinance on action of the Council as the time limit within the mall area is now designated as 2-hours or 36-minutes by ordinance. Upon a motion by Councilman Bleecker, the report was received and referred to the Business Development and Parking Committee for study and recommendation. 306 Bakersfield, California, November 22, 1971 - Page 10 Consent Calendar. Upon a motion by Councilman Medders, Item (a) of the Consent Calendar, Allowance of Claims Nos. 1456 to 1591 inclusive, in amount of $165,387.30, was adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Ayes: Noes: None Absent: None Approval of Agreement with City of Taft for Rental of Brush Chipper, subject to any adjustment in price. It was moved by Councilman Bleecker that Agreement with the City of Taft for rental of Brush Chipper for $120 per month, be approved and the Mayor authorized to execute same. Councilman Heisey asked Mr. Jing what this machine cost the City. Mr. Jing stated it cost $4800.00. Councilman Heisey offered an amendment to the motion that Mr. Jing be instructed to adjust the fee on the agreement to provide for whatever the going rate is on rental of equipment of this type. This motion carried unanimously. Approval of Agreement between Bakers- field Swim Club and the City of Bakersfield for Competitive Swimming. After discussion, upon a motion by Councilman Rucker, Agreement between the Bakersfield Swim Club and the City of Bakers- field for competitive swimming, was approved and the Mayor was authorized to execute same. Approval of Map of Tract No. 3546 and Mayor authorized to execute Con- tract and Specifications for Improve- ments therein. Upon m motion by Councilman Thomas, it is ordered that the Map of Tract No. 3546 be, and the same is hereby approved: That all the easements, drives, courts, alleys, roads and avenues shown upon said Map therein offered for dedication be, and the same are hereby accepted for the purpose for which the same are offered for dedication. Pursuant to the provisions of Section 11587 of the Business and Professions Code, the Council of the City of Bakersfield Bakersfield, California, November 22, 1971 - Page 11 307 hereby waives the requirement of signatures of the following: NAME NATURE OF INTEREST Tenneco West, Inc. (Formerly Kern County Land Co.) Mineral rights below a depth of 500 feet with no right of surface entry. Tenneco West, Inc. (Formerly Kern County Land Co.) The right to pass over and across said land for ingress to and egress from any lands of Kern County Land Company which are accessible from any public road:, highway, or over other lands of said company as excepted and reserved in that deed recorded May 27, 1970, in Book 3271 at Page 26, O. R., County of Kern. Pacific Gas & Electric Co. Easement Holder per deed recorded January 5, 1971, in Book 4473, Page 630 of Official Records. The Clerk of this Council is directed to endorse upon the face of said Map a copy of this order authenticated by the Seal of the Council of the City of Bakersfield and the Mayor is authorized to execute the Contract and Specifications for Improvements therein. Approval of Map of Tract No. 3519 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. 3519 be and the same is hereby approved: That all the easements, streets, courts and drives shown upon said Map therein offered for dedication be, and the same are hereby accepteel for the purpose for which the same are offered for dedication. Pursuant to the provisions of Section 11587 of the Business and Professions Code, the Council of the City of Bakersfield hereby waives the requirement of signatures of the following: NAME NATURE OF INTEREST Tenneco West, Inc. (Formerly Kern County Land Co.) Mineral rights below a depth of 500 feet with no right of surface entry. Tennece West, Inc. (Formerly Kern County Land Co.) The right to pass over and across said land for ingress to and egress from any lands of Kern County Land Company which are not accessible from any public road, highway or over Other lands of said company as excepted and reserved in that deed recorded May 27, 1960, in Book 3271 at Page 26, O.R., County of Kern. Southern California Gas Co. Easement holder, per deed recorded November 10, 1966 in Book 3993, Page 120 of Official Records. Bakersfield, California, November 22, 1971 - Page 12 The Clerk of this Council is directed to endorse upon the face of said Map a copy of this order authenticated by the Seal of the Council of the City of Bakersfield and the Mayor is authorized to execute the Contract and Specifications for Improve- merits therein. Offer by the Stockdale Development Corporation to donate the Kern City Golf Course to the City referred to the Water and City Growth Committee for study and recommendation. Upon a motion by Councilman Heisey, offer by the Stock- dale Development Corporation to donate the Kern City Golf Course to the City of Bakersfield in order to assure the permanent dedica- tion of this land for open space to be available to all members of the community, was referred to the Water and City Growth Committee for study and recommendation. Approval of Agreement between the City and Santa Fe Railway Company for opening of Tulare Street Crossing of the Santa Fe Tracks. Upon a motion by Councilman Rucker, Agreement between the City of Bakersfield and the Santa Fe Railway Company for opening of Tulare Street Crossing of the Santa Fe Tracks was approved and the Mayor was authorized to execute the Agreement. Councilman Heisey abstained from voting on this motion. Hearings. This is the time set for public hearing before the Council on Resolution of Intention No. 869 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of 15th Street, in the City of Bakersfield. This hearing has been duly posted and no written protests were filed in the City Clerk's office. Request for the vacation was made by American Homes, Inc. Mayor Hart declared the meeting open for public partici- pation. No protests or objections being received, the public hearing was closed for Council deliberation. Upon a motion by Councilman Bleecker, Resolution No. 80-71 ordering the vacation was adopted by the following vote: Ayes: Noes: Absent: Councilmen Bleecker, Heisey, Medders, Thomas, Whittemore None None Rees, Rucker, 309 Bakersfield, California, November 22, 1971 - Page 13 This is the time set ior public hearing before the Council on Resolution of Intention No. 870 of the Council of the City of Bakersiield declaring its intention to order the vacation of a portion of Inyo Street north of East Truxtun Avenue in the City of Bakersfield. This hearing has been duly posted and no written protests were filed in the City Clerk's office. Request for the vacation was made by the Bakersfield Sandstone Brick Company. Mayor Hart requested that the record show Councilman Heisey is not participating in debate or voting due to any real or imaginary conflict of interest~ and declared the hearing open for public participation. No protests or objections being received, the public hearing was closed for Council deliberation and action. After discussion, upon a motion by Councilman Bleecker, Resolution No. 81-71 ordering the vacation of a portion of Inyo Street north of East Truxtun Avenue was adopted by the following vote: Ayes: Councilmen Bleecker, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: None Abstaining: Councilman Heisey This is the time set for public hearing before the Council on Resolution of Intention No. 871 of the Council of the City of Bakersfield declaring its intention to order the vacation of the alley in Block 288, City of Bakersfield. This hearing has been duly posted and no written protests: have been filed in the City Clerk's office. Request for the vacation was made by the First Baptist Church. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Bleecker, Resolution No. 82-71 of the Council Bakersfield, California, November 22, 1971 - Page 14 of the City of Bakersfield ordering the vacation of the alley in Block 288, City of Bakersfield, was adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Ayes: Noes: Absent: Council, adjourned Thomas, None None Whittemore Adjournment. There being no further business to come before the upon a motion by Councilman Medders, the meeting was at 9:30 P.M. ATTEST: Calif. Cl'i~'~ and Clerk of the Council of the City of Bakersfield, California Bakersfield, California, November 29, 1971 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P. M., November 29, 1971. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Joe V. Bruce of St. Paul's C. M. E. 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 approved as presented. Upon a motion regular meeting of November 22, 1971 were Correspondence. by Councilman Rees, communication from Miss Chris Williams, Highland Representative, extending the thanks of the Highland High School Student Body to the Council for its interest and quick response to their request for a bicycle path on Auburn Street, was received and ordered placed on file. Upon a motion by Councilman Bleecker, communication from Chuck Maskal, dba Emergency Plumbing Service, relative to the Garbage Collection Fee increase, was received and ordered placed on file. Upon a motion by Councilman Heisey, communication from the Bakersfield City Employees Association expressing opposition to possible employee salary rollback, or curtailment of City services that would necessitate employee lay-offs, was received and ordered placed on file. Mayor Hart read the following communication, which was addressed to him, into the record: The Kern County Bar Association Committee appointed to study the feasibility of a law- suit against the Los Angeles Times because of its article on Bakersfield in the West Magazine section has completed its work and reported its findings. Briefly, its findings are that a lawsuit could be filed, but for various rather technical and complex legal reasons, the chances of sustaining the case in court, much less obtaining a favor- able judgment, are highly problematical. There- fore, the Committee's conclusion, with which I concur, is that a lawsuit should not be filed. Respectfully submitted, RALPH J. MCKNIGHT, President Bakersfield, California, November 29, 1971 - Page 2 Councilman Rees stated that Mayor Hart should be commended for champtoning the truth about Bakersfield when it was attacked by the Los Angeles Times journalist, and he hopes that this is the last time anything derogatory is written about the City. He then moved that the communication Councilman Heisey asked that sending the Council's thanks be received and ordered placed on fiI~. the motion be amended to include to the Kern County Bar Association for its support and cooperation. This motion carried unanimously. Mayor Hart stated he would be delighted to carry out the Council's instructions. Council Statements. Councilman Medders read an invitation to the Mayor and Council to attend special previews of the pageant "King of Glory" to be held at the First Baptist Church in the Music Room on Thursday, December 2, at 8 P. M., and on Thursday, December 13, at 8 P.M. This is an undertaking of major magnitude and will be presented to the public in April, 1973 at the Civic Auditorium. Participating in the pageant will be churches, cultural groups and individuals from all over Kern County and it is believed that the pageant will be the greatest dramatic and musical event in Kern County's history. Adoption of Amendatory Resolution No. 85-71 of the Council of the City of Bakersfield consenting to the inclu- sion of the lands within the City in the proposed Urban Bakersfield Area Improvement District. Councilman Heisey presented and read a resolution amending Resolution No. 76-71 adopted on November 1, 1971, which was necessary in order to satisfy the requirements of the Bond Counsel who will be concerned with the sale of the bonds for the proposed Improvement District. Councilman Heisey moved adoption of Amendatory Resolution No. 85-71 of the Council of the City of Bakersfield consenting to the inclusion of the lands within the City in the proposed Urban Bakersfield Area Improvement District, which carried by the following vote: Ayes: Councilmen Noes: None Absent: None Bleecker, Heisey, Medders, Rees, Thomas, Whirremote Rucker, 313 Bakersfield, California, November 2~, 1971 - Page 3 Councilman Heisey submitted the names of former Council- man Richard A. Stiern and Certified Public Accountant Francis Moore as his appointees to the Citizens Water Advisory Committee. He urged members of the Council who have not already done so to submit names at the next Council meeting as it is important to hold a meeting at an early date to consider and analyze the problems in forming an Urban Bakersfield Improvement District. He stated that he understands from the City Attorney that committee members are not required to reside within the boundaries of the City. Mr. Hoagland verified this statement. This is a Citizens Advisory Committee without discretionary powers set forth by the Council and the members need not reside within the City limits. Consent Calendar. The following items appeared on the Consent Calendar: (a) Allowance of Claims Nos. 1592 to 1634, inclusive, in amount of $27,366.81. (b) Street Right of Way Deed from Wiltower Properties, Inc. to City of Bakersfield. (c) Plans and Specifications for Resurfacing portions of University Avenue, Oswell Street, Custer Avenue and Fremont Street. Upon a motion by Councilman Medders, Items (a), (b) and (c) of the Consent Calendar were adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: None Action on Bids. Upon a motion by Councilman Whittemore, low bid of Hoven & Company for Annual Contract for Blueprint Reproduction was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rees, 91 Items of Annual Contract for printed Forms were awarded to Kern Printing Company, 81 items to Hoven and Company, all other bids were rejected, and the Mayor was authorized to execute the contract. 31.4 Bakersfield, California, November 29, 1971 - Page 4 Deferred Business. Councilman Bleecker moved to adopt Ordinance No. 1981 New Series of the Council of the City of Bakersfield repealing Ordinance No. 1961 New Series (Chapter 8.48 of the Municipal Code) and all amendments thereto, and that this be considered second reading of the Ordinance. Councilman Thomas stated that after talking with the City Attorney this morning, he understands that he can move to divide the question to vote first on repealing the ordinance and secondly, to set aside the date of December 6, 1971 for the Council to sit as a Committee of the Whole to consider alternatives to the repealed Refuse Ordinance. City Attorney Hoagland stated that as he understands it, some confusion existed at last week's Council meeting regarding parliamentary procedure. Apparently there were two items being considered by the Council last Monday, the rescinding of Ordinance No. 1961 New Series and all amendments thereto, and also an action to set the date of December 6, 1971 for discussion of alternative measures relative to alleviating a cash deficit in the budget as a result of rescinding the Refuse Collection Fee Ordinance. As far as he is concerned, the rescinding of the ordinance is a separate action from having a discussion on alternative measures to provide funds for other budgetary items. Setting the date of December 6, 1971 should be by Minute Order of the Council, and rescinding of the ordinance is a separate item. The ordinance was considered given first reading at the last meeting and is on the Agenda for adoption tonighf. Item (a) as set forth on the Agenda is not correctly stated, so if two motions are made and the question is divided, he would say it is perfectly proper to do so. Mayor Hart commented that on advice of counsel, the chair would ask Councilman Bleecker if he will rephrase his motion to repeal the ordinance and secondly to confirm the date of December 6, 1971 for the Council to meet as a Committee of the Whole to consider alternatives to the repealed Refuse Ordinance. Bakersfield, California, November 29, 1971 - Page 5 Councilman Bleecker replied "no". The ordinance given first reading at the last meeting was not divided. He feels that the City Attorney should have written it as passed b.y the City Council and then if the question came up later to divide if, this could be done by the City Council itself. He stated to the City Attorney that he does not know why this was done, but the prepara- tion of the ordinance as written was not what the Council passed on at the last meeting. City Attorney Hoagland agreed, stating that the ordinancn Councilman Bleecker was speaking about had been pulled off the Agenda today. It was sent out with the Agenda Briefs, he did not write it, and the ordinance received in the Council packet is to be disregarded. The ordinance to be acted upon tonight is simply the repeal of Ordinance No. 1961 New Series written in three sections, one to repeal the ordinance, the second is the retenfion of the previous Refuse Ordinance existing before August 30th, and a third section that the ordinance will become effective 30 days after its passage. Setling the date of December 6, 1971 for the Council to sit as a Committee of the Whole is not a subject for an ordinance, but is a subject for a Minute Order. The only action as he sees it, is to vote on whether or not to repeal the ordinance, and then to vote on whether or not to hold a meeting on December 6, 1971. Councilman Bleecker stated that he had no objection fo voting first to repeal Ordinance No. 1961 New Series and then to vote to set the date of December 6, 1971 to consider alternatives to such Refuse Ordinance. Councilman Whittemore commented he thinks that Councilman Thomas' request for a division of the question is proper, and he moved for the question. Councilman Bleecker slated it had already been ruled by the City Attorney that the question can be divided, and if it meets with Councilman Thomas' approval, it is alright with him to vote separately on the two propositions. Roll Call vote on motion to adopt Ordinance No. 1981 New Series of the Council of the City of Bakersfield repealing Ordinance Bakersfield, California, Nayember 29, 1971 - Page 6 NO. amendments thereto, carried as follows: Ayes: Noes: Absent: 1961 New Series (Chapter 8.48 of the Municipal Code) and all Councilmen Bleecker, Heisey, Medders, Rees Councilmen Rucker, Thomas~ Whittemore None Roll Call vote taken on motion to set aside the date of December 6, 1971 for the Council as a Committee of the Whole to consider the alternatives to the Refuse Ordinance which has been repealed, carried as follows: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: None Upon a motion by Councilman Bleecker, Ordinance No. 1982 New Series of the Council of the City of Bakersfield amending Sections 7.06.020; 7.06.030(d), (e) and (f); 7.06.040(a), (b), (c), and (d); 7.06.060(a) and 7.06.090 of Chapter 7.06 of the Municipal Code relating to Benches on Public Ways, was adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore First reading of an Ordinance of the Council of the City of Bakersfield adding Section 11.04.781 to the Muni- cipal Code (Speed Limit on Wilson Road between South Chester Avenue and Wible Road). This was considered first reading of an Ordinance of the Council of the City of Bakersfield adding Section 11.04.781 to the Municipal Code (Speed Limit on Wilson Road between South Chester Avenue and Wible Road). Councilman Whittemore stated that Wilson Road splits his Ward and that of Councilman Thomas. It is a wide street with many small children crossing the road to attend Frank West School. Another problem is that the area is in a transitional period, being part commercial and part residential. The residents in his Ward Ayes: Noes: None Absent: None Bakersfield, California, November 29, 1971 - Page 7 3i7 have complained to him about traffic citations during the hours in which the school is not in which the school is not in progress, as a City ordinance does not pre-empt the State Law which provides for a 25 mile per hour speed limit during school hours. He urged any interested citizens in the area who are opposed to raising the speed limit to 35 miles per hour to attend the Council meeting next week to voice objections to the passage of the ordinance. Rejection of application for Leave to Present Late Claim by Kelwyn D. Kitchel, Claimant. Upon a motion by Councilman Rees, application for Leave to Present Late Claim by Kelwyn D. Kitchel, Claimant, was rejected. Adoption of a Joint Resolution No. 83-71 of the City Council of the City of Bakersfield and the Board of Super- visors of the County of Kern addressed to the Local Agency Formation Commission regarding the proposal to form the Greater Bakersfield Metropolitan Transit District. Upon a motion by Councilman Heisey, seconded by Council- man Bleecker, Joint Resolution No. 83-71 of the City Council of the City of Bakersfield and the Board of Supervisors of the County of Kern addressed to the Local Agency Formation Commission regarding the proposal to form the Greater Bakersfield Metropolitan Transit District, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: None Councilman Heisey commended the Greater Bakersfield Metropolitan District Committee that worked so hard for the develop- ment of the Metropolitan Transit District. As Chairman of the Water and City Growth Committee, he attended many of the meetings with the Board of Supervisors for the past couple of years, and they have had the complete cooperation of the City and the Board of Supervisors. He is sure that the' Transit District will have the Bakersfield, California, November 29, 1971 - Page 8 enthusiastic support of the entire community because it is a very worthwhile program. Councilman Bleecker stated that the instigation of the Metropolitan Transit District was brought about when the City felt that it could no longer support the bus system by itself. He thinks it is a fine thing that a group of responsible citizens has taken it upon themselves to lend their time for something that is very important to the community and he is sure that it will be accepted by the people in the metropolitan area. Councilman Rucker stated that he is very much in favor of the Metropolitan Transit District as it will be of great service to the people in the Greater Bakersfield area. As time goes on he hopes that there will be some revamping of the routes to accomodate those people who do not have transportation and he is certain this Committee will study it and make sure this is done. Councilman Whittemore stated that having served with the Water and City Growth Committee with Councilman Heisey on this, he would like to compliment the Citizens Committee who worked so hard and also to commend Merrick Creagh the Attorney for LAFCO, who drew up the original document which was sent to Sacramento. Councilman Rees stated that by its action tonight the City Council has placed the City's budget out of balance by approxi.- mately $190,000. It has done this by eliminating a source of revenue, the charge for commercial refuse pickup which was an integral part of the City's budget. He stated he would hasten to re-assure anybody who thinks that Bakersfield is falling apart because of the $190,000 deficit. The City has an annual budget of $13,500,000 this year and has the highest finance rating that is possible for cities to be given for the purpose of borrowing money. The City borrows at the lowest interest rate which is available to municipalities. The City of Bakersfield has always honored its debts and its obligations. Speaking for himself and possibly speaking for all the other Councilmen, and if anyone feels otherwise he would invite him to speak out, they are not proposing to rescind any salary increases in order to balance the budget, the Council does not 319 Bakersfield, California, November 29, 1971 - Page 9 propose to request a refund of salary increases which were granted last July. The City does not propose to reduce the number of City employees or positions in any wholesale, reckless fashion, without good and sufficient reasons. Everyone realizes that this is some- what of a minor crisis in the history of Bakersfield but they will ride it out just like they did in the 1952 earthquake. They are approaching an area of cooperation between all of the citizens, the esteemed and professional staff and the Council, and when he says the Council, he means all members of the Council. Hearings. This is the time set for public hearing before the Council on Resolution of Intention No. 866 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of Langdon Avenue east of Grissom Street. This hearing has been duly posted and no written objections have been filed in the City Clerk's office. Request for vacation was filed by Stockdale Development Corporation and has been approved by the Planning Commission. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the Mayor closed the public hearing for Council deliberation and action. Upon a motion by Councilman Bleecker, Resolution No. 84-71 of the Council of the City of Bakersfield ordering the vacation of Langdon Avenue east of Grissom Street, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Adjournment. There being no further business to come before the Council, Councilman Bleecker, the meetin was j rned at 8:47 P.M. MAYOR o~/CFty/of Bakersfield, Calif. ATTEST: ~ an~ ~x-O~i~ Clerk of the Council of the City of Bakersfield, California Bakersfield, California, December 6, 1971 Present: Mayor Hart. Absent: None Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., December 6, 1971. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Heisey. The City Clerk called the roll as follows: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Minutes of the regular meeting of the November 29, 1971 were approved as presented. Council meets as a Committee of the Whole to consider alternatives for Refuse Collection Charges. This was the time set for the Council to meet as a Committee of the Whole to consider alternatives for Refuse Collection Charges due to repeal of Ordinance No. 1961 New Series and all amendments thereto. City Manager Bergen briefly outlined two alternatives which had been prepared for consideration of the Council by the staff. He stated that in addition to Alternate No. 1, designated as Refuse Charges for All Users except Single Family Dwellings, and Alternate No. 2 - Refuse Charges for Everyone, if the Council makes its determination to modify any of the costs or principles that are outlined therein, it could settle on a number of alter- natives for refuse charges. Councilman Rees commented that he thinks it is important to recognize that any ordinance adopted by the City of Bakersfield at this time is subject to revision as the need indicates. In spite of the expertise of the administration~ in spite of the com- parison with other cities which have similar ordinances, only time will tell what is right, proper and equitable. is perfectly proper. He offered a suggestion, made to him by Director of Public Works Jing, The right of revision which was originally that it might be practicable to appoint a Board of Adjustment to hear cases which were unusual or where a particular hardship exists. Also variations could be made in the ordinance to remedy any so-called inequities. Bakersfield, California, December 6, 1971 - Page 2 Councilman Bleecker stated that Alternative No. 2 as explained by the City Manager and designated as Refuse Charges for Everyone, is a misnomer, as everyone is paying now. For purposes of discussion, he moved that Alternate No. 2 be termed "User-Pay Refuse Charges." This motion carried with Councilman Rucker, Thomas and Whirremote voting in the negative. Councilman Rucker commented that the City does need $196,000 to balance the budget. However, refernece is constantly made to accomplishing this by increasing refuse fees, and he does not think that refuse collection charges are the only means avail- able, there are other sources in the City for obtaining revenue to make up the deficit in the budget. Councilman Bleecker stated there are other means. He asked the City Manager what would be the ultimate cost of the multi- purpose building in the southeast which will have a maintenance cost of approximately $50,000 per year. City Manager Bergen stated the initial local share is $160,000 with the County of Kern agreeing to pay three-quarters, or $120,000 of this amount and the City picking up the balance of $40,000, most of which has already been expended for architect's fees for the building. Therefore, the City's share would be $40,000, plus operating and maintenance costs which are estimated to be $50,000 a year. Councilman Bleecker pointed out to Mr. Rucker that if the multi-purpose building was not constructed, the City could pick up $90,000 right there. He is not opposed to this building in any way, is merely inquiring of Mr. Rucker what his thoughts are on it. Since it hasn't been built yet, it might be something that the City could do without. Councilman Rucker stated it is possible the City could get along without this building, but $106,000 would still be needed to balance the budget. He can't offer any suggestions as to where the Council can find the necessary funds but he doesn't feel that the Council should expect it all to come from the Refuse Department. He wants the public to understand this, that it is possible to eliminate other things in the City budget, it is not only a problem of the Refuse Department. 322 Bakersfield, California, December 6, 1971 - Page 3 Councilman Bleecker asked Mr. Rucker if he was suggesting that the employee's salaries be cut, and Councilman Rucker stated "no", he would not. Councilman Medders commented that he had a lengthy state- ment which he would like to make as follows: The most unusual aspect of the Refuse Collection controversy is that Refuse Collection is not solely responsible for the budget deficit. When you consider that employees from all departments were granted at least a 5% salary increase - it just doesn't make sense that only one group should come under fire. What about Fire, Police, Planning, Auditorium-Recreation and the other departments? The foregoing statement pretty well tells you that Refuse Collection alone should not be the center of furor. Looking back to budget time, the unbalanced budget was adopted by a 4 to 3 margin. The minority opinion represented the almost for- gotten old-fashioned idea or philosophy that you "ought to have the required funds necessary to carry out a program before you adopt it." Later, when it was decided that the funds for balancing the budget could be extracted from a certain segment of the populace through Refuse Collection Fees, the margin of passage was 4 to 1 with two absent. I cast the negative vote. I can well remember the Budget hearings. On the first night the Council Chamber was practically filled. Most of the audience was made up of City employees. One question comes to mind - "Where were the concerned citizens." On the second night the chamber was practically empty. The employees, with their requests granted, stayed at home. My second question - "Where were the concerned citizens?" I am going to tell you where the concerned citizens were. They were at home sitting on the back sides of their laps, either watching television or otherwise being too busy to come down and see what was happening. The comeback to this criticism is usually "we elect our repre- sentatives and we expect them to look after our interests." The term "elect" in this case leaves an awful lot to be desired, when you consider that only 30 to 35% of the electorate is con- cerned enough to vote. Maybe the "Concern-~ irons" should take a closer look at just how well he is being represented. Getting back to the dilemma that faces us. The timing to solve our current fiscal problem cou--'~'t be worse. We are in the period where the tax rate has been set, statements have been mailed, and many tax bills have either been partially or fully paid. This precludes the possibility of going to a user-pay and reducing the tax rate, and it also takes away the possi- bility of adjusting the tax rate upward to wipe out the deficit. Bakersfield, California, December 6, 1971 - Page 4 I do not feel that the people of the City of Bakersfield should be called upon to make up a deficit in the budget that has been created by the ineptness of elected and appointed officials. A budget that was out of balance should not have been recommended nor should it have been passed. When funds are not avail- able for salary increases, salary increases should not be granted. I have worked for tax- supported institutions for the past twenty years and we have never been afforded the luxury of adopting a budget and later seeking to balance it. When funds are not available the line simply has to be held. This was the City's predicament and responsibility was conspiciously absent. My solution is simply this - Let's take a look at the budget items that have not yet been spent, and take out those things that can be done with- out. Let's look at any money that is ear-marked for future projects and where it is at all possible, apply these funds to balancing the current budget. Let's initiate an austerity program in every department that will cut out any excess fat. I do not propose to eliminate any employees, but if the budget cannot other- wise be balanced, I think it would then become logical to rescind the percentage of the salary increase thai would balance the budget. An area of finance that could be improved upon and that should be studied soon is the feasibility of a fire protection district that would combine fire protection services in the metropolitan area and eliminate duplication of services at a con- siderable savings. My greatest hope is that we shall never find ourselves in this unenviable position again regardless of the motivation involved. Councilman Whittemore commented that was an outstanding statement by Councilman Medders and he can support everything he said. It has already been stated from the Council floor many times that a duplication of services should be eliminated and a better relationship established with the Board of Supervisors. With the new Board and the new City-County Cooperation Committee this may be done. He stated that he will support any action that the Council takes to cut the costs of City government which was not explored during the budget sessions. At that time it was agreed that the Council was adopting a "bare bones" budget but a deficit still existed. Councilman Bleecker has suggested that the Council eliminate the multi-purpose building in Councilman Rucker's ward which will be constructed for the betterment of the people in the southeast area. The City of Bakersfield year after year gives the Chamber of Commerce $40,000 which could be eliminated too, if the people so desired, although some of that money is being used to promote the City of Bakersfield, He pointed out that the tax rate 324 Bakersfield, California, December 6, 1971 - Page 5 has been held at $2.87 for longer than he has been on the Council. However, the cost of government keeps going up and last year it was necessary to vote in a 5% Utility Tax to balance the budget. He does not feel that the citizens of the community want their Police and Fire Departments to become ineffective, or have street sweeping cut down. He would welcome an ad-hoc citizens committee to sit down and point out to the Council exactly where the budget can be cut. Some suggestions have been made to let the employees subsidize the City of Bakersfield, give the employees a cut in salary. Bakersfield is not the highest salary paying city in the State of California, it is are concerned. Credit can the increase in the number barely in the middle as far as salaries be given to the City Manager for keeping of employees hired to the barest minimum. The Council has a problem tonight, it isn't something that any of the members like or are proud of, if an alternative solution can be found, he will support it 100%. Councilman Bteecker stated that the Council is going to have to get down to specifics instead of talking in glittering generalities. Let the record show that he did not suggest the elimination of the multi-purpose building, that he only asked Mr. Rucker if that would be one of his alternatives for saving money. He stated that the minutes will show that, and he asked the Vice- Mayor for an apology. Mayor Hart stated that requests have been received from citizens to be heard at this meeting, and he invited Mr. B. L. Dickinson to speak, stating that in the interests of time, he would request that he not be repetitious in his remarks. Mr. B. L. Dickinson, who resides at 35 Panorama Drive, addressed the Council, stating that he represents the Apartment Owners Association and they are in favor of going on record that the City employees keep their pay raise. Using the figures that the City has supplied to them, they find that if every apartment and home owner were charged 65~ a month next year, the City would come up with $205,000 in revenue. He stated his organization would like to go on record as urging the City to take the refuse collection Bakersfield, California, December 6, 1971 - Page 6 ~'~J out of the general fund and make it a user-pay service. Whatever the charge everyone should be assessed equally and not expect the apartment owners, or one particular group, to carry the load. Councilman Bleecker stated that Mr. Dickinson's suggestion is very fair when it is looked at in this way. According to the Finance Department, the average assessed valuation for a single family dwelling in the City of Bakersfield is slightly in excess of $4,000. If a .refuse charge of $2.00 per month minimum were instituted through a new ordinance, the charge would be $24.00 per year. Under the present situation with 71~ per $100 assessment on the same home, the charge is $28.40 per year. It is not going to harm anyone to pay $2.00 a month for refuse collection and completely eliminate the 71~ of the assessed valuation currently charged for refuse collection. Mr. Nurl Renfro, who operates a business at 1915-20th Street, a few rentals adjacent to the business and some property at 19th and Cedar Streets, read a lengthy statement to fhe Council,. stating that from the testimony from persons appearing previously before the Council and from the correspondence received, it is very plain that the financial burden that the Council wants to place on the taxpayer cannot be tolerated. The present economic climate in Bakersfield does not permit any tax increase to be absorbed by higher rent, even if there was not a rent freeze situation at the present time. The business community, especially downtown Bakersfield, has had no increase in business to offset any higher taxes, or any higher special charges which are proposed each year. He stated he would presonally favor curtailing some services to make up for the deficit in the budget. In the event the Council cannot develop other solutions to handle the deficit, the only remaining alternative is for the entire City Council to stand up and say it meant well when the salary increase was granted to City employees, but the funds are just not there to continue paying it. Those affected can well be consoled by the fact that they do have a job, even at the old rate. Good steady jobs are definitely a scarcity at the present economic climate. A user-pay concept and a franchise concept carry a great deal of merit. Per- haps this subject given to the voters at election time would be Bakersfield, California, December 6, 1971 - Page 7 proper, either concept could be considered. He personally favors the franchise concept. Many others who have talked to him also feel that private enterprise can operate more efficiently, more economically, give better service for less money than City forces. With the franchise system the City could sell the equipment, the employees would still have jobs, and with the revenue from the sale of the equipment, the City could build the multi-purpose building in the southeast portion of Bakersfield. The people of Bakersfield cannot afford any additional fees of any kind this fiscal year, and the way things look now, probably not next year either. He proposes Alternative No. 3, the "do nothing and make do with what you have," alternative. Councilman Rees remarked that he wondered if Mr. Renfro knew that the City of Bakersfield had private collection service before the City residents decided that they did not like it and by an election voted to go to City refuse pickup. The Committee had an in-depth discussion with private sanitation contractors and one of the things that the Committee learned was that the private contractors were not eager to immediately take over the responsibility of refuse collection in the City of Bakersfield. They recognize it is a sizeable problem for the City to handle and it would possibly be a much bigger problem to them on the basis of a rapid change over to private sanitation operation. Mr. Thomas Hancock, owner and Manager of Renter Reference Service an organization of landlords, apartment owners and private home owners who have rentals, addressed the Council stating he is representing 200 landlords tonight who are in complete opposition to what they feel are double taxes, and who can't vote themselves a raise due to the current rent freeze. Therefore, they want to go on record as opposing any increase in their taxes at this time. Mr. Art Boehning, Manager of Penney's store in College Center, addressed the Council, stating that he is the spokesman for a number of businessmen in the City, many of them are present tonight, and they have been meeting regularly to oppose the pre- viously rescinded City Ordinance on rubbish collection. As tax- payers they recognize the urgent need for the City to balance its budget. He is not here to suggest that the City does so by reneging Bakersfield, California, December 6, 1971 - Page 8 on the commitments made to the employees of the City, that obliga- tions must be kept to the City staff and employees. They also recognize that the charge for the garbage pickup may be the only acceptable course that the Council is able to come up with tonight and although they very much dislike the idea, they will, as a com- promise measure, be willing to pay providing it is placed on an equitable basis, that is, a complete user-pay basis. The Ordinance that was repealed last week was inequitable, very discriminatory and possibly unconstitutional. The charges that were set up under the ordinance were in many cases very unrealistic. The business and commercial firms of this City will probably be willing to support the imposition of refuse collection charges, provided that it is applied fairly to everyone in this City, not just the com- mercial segment, and that the charges be based on a scale pro- portionate to the demand for its services. Alternate No. 1 as proposed tonight is totally unacceptable to them. Alternate No. 2, with a Board of Adjustment as suggested by Councilman Rees to handle inequities, on a user-pay basis would be supported by his business group. Councilman Thomas commented that speaking of being fair and equitable on this, if a $2.00 charge were placed on all businesses and on all single family dwellings, a business man can deduct it from his taxes, but the people living in single family dwellings cannot do so. This is not fair and equitable in his mind. Also, his refuse is picked up twice a week, while downtown business has a pickup six times a week, which is three times the service he receives. Therefore, perhaps the 71.4~ should be multiplied three times and made the tax rate for refuse pickup in the downtown area. Mr. Boehning stated they did not want to get into tech- nicalities as to how it is going to work, that is up to the City Manager and his staff. His group is opposed to discriminatory practices set out in the old ordinance which it was wise to rescind. He thinks Councilman Rees has made a suggestion that the Council appoint a Board to handle inequities. The business people are 3'28 Bakersfield, California, December 6, 1971 - Page 9 reasonable, and' they expect the City to respond in a like manner. Councilman Heisey stated he thinks the Council can come up with a reasonable ordinance. He doesn't care to go back and discuss what happened last June when a majority O~ the Council adopted a budget which was out of balance, that is history. How- ever, the Council does have an obligation to keep the commitments that the Council as a whole adopted last June. The problem is where does the money come from for this purpose, it is not solving anything to eliminate a project from the budget. It will only solve the problem temporarily and will not provide the additional funds that will be needed next year. The solution is to find the $200,000 which will take care of this year and which will be a continuing source of revenue to balance the budget next year. Alternate No. 1 is the same ordinance which the Council repealed a week ago with a reduction in the rates, it still has to be levied on the same small segment of the community. Most home owners are not looking for a special free ride, they expect to pay their fair share, in fact most of the criticism he has received has been with the discriminatory action in the old ordinance. A couple members of the Council got together with the staff and asked them to submit an ordinance that would be equitable and fair with reasonable rates. Mr. Bergen, in his presentation of Alternate No. 2, better known now as "User-Pay~Refuse Charges" did not stress the fact that a very integral part of that ordinance would be a resolution from this body expressing its intent to reduce the tax rate for next year by a minimum of 50~, and the Finance Department advised that this can be done without any difficulty, if adopted as the staff has worked it out. The charges are reasonable compared with those of private collectors outside the City, they are reasonable when compared with other cities. The single family resident would pay $2.00 per month, $24.00 a year, and he pointed out that the average assessed valuation as given to the Council by the County Tax Assessor is $4,475. If the property tax rate is reduced by 50~ next year, it would result in a deduction of $22.37 from the average homeowner's property tax, or an additional amount of $1.63 for the entire year. Using the figures given to him by the staff, the refuse charge raised annualy would be $873,600. A drop of 50~ in the tax rate for the entire City of Bakersfield would amount to $750,000. This would mean that for the next fiscal year there would be an increase in revenue of $123,600, less $60,000 for servicing pickup and collection, etc., or a new increase in revenue of $63,000 for the Fiscal Year 1972-73. He stated he thinks this a reasonable, workable alternate for the ordinance which was rescinded last week and he would like to move the adoption of the User-Pay Ordinance as outlined in the report submitted by the staff, which would result in a charge for this fiscal year effective April[ 1, 1972 and would give the City the required revenue for balancing the 1971-72 Budget. Councilman Bleecker commented that Bakersfield is only one of two other cities in the State of California that charges on the tax base for refuse collection. Up until now the total charge has been borne by property owners based on the assessed valuation of their property. He asked Mr. Bergen if this were not correct. Mr. Bergen replied "yes, verydefinitely." They were unable to find another City which had all of the refuse collection and disposal services included in the general fund. One or two cities had one segment of this service which would apply to the general fund, but by far the overwhelming majority had a charge for all other refuse collection. Councilman Bleecker then stated he would support Councilman Heisey's motion. Councilman Rees asked if Councilman Heisey was proposing in his motion an action which would cover a three month period starting April 1, 1972. Councilman Heisey stated that was part of the motion. He stated that reducing the tax rate by 50~ would be included in a Resolution and was not a part of his motion. That his motion is to adopt the User-Pay Ordinance as outlined by the City Manager under Alternate No. 2, and that it be considered given first reading tonight, and adopted next week after the City Attorney had prepared it in proper Ordinance form. Bakersfield, California, December 6, 1971 - Page 11 Mr. Hoagland reminded the Council that there were other things to be included in the ordinance which were rescinded by the Council and are not germaine to any of the controversy which arose out of the ordinance. These sections should be incorporated in the ordinance before adoption. Councilman Rees remarked that inherent behind the motion made by Councilman Heisey, is the proposal that this plan be con- tinued not only for three months beginning April 1, 1972, but be continued thereafter, and Councilman Heisey predicts and the City Manager predicts with cautious conditions, that the Council may be able to save 50~ for the taxpayer on the tax rate. Subject to the Manager's carefully considered conditions, he wishes to be reminded at the next budget session that if the Council is not able to affect a 50~ savings for the taxpayer on property tax, that the Council will remember what was promised on December 6, 1971. Councilman Whittemore stated there is a fallacy existing when statements are made that the Council is going to reduce the tax rate by 50~. At the present time this can be writlen off the taxpayer's income tax. The only thing the Council is doing is taking this charge off the property tax and requiring the property owner to pay this amount every month to the City of Bakersfield. The property owner is not saving money and he will not be able to write it off his income tax. Councilman Rucker expressed concern for the taxpayer living on Social Security and other fixed income stating that the businessmen in the City possibly should pay a larger share of this cost, as they can pass this on to the consumer. Councilman Bleecker pointed out that they were not talking about some exorbitant fee, but the idea that the average person must continue to pay and pay so that some residents who cannot afford to pay should get some kind of a free ride, is not part of his political philosophy. What the Council needs to do is to decide what is fair to everyone, as the people who have been paying the freight are not going to do it any longer, and will express their objections at the next budget session. These people are the ones who have been providing the jobs, who have put their money and credit into their own business at their own risk to provide jobs for people. Bakersfield, California, December 6, 1971 Page 12 Councilman Thomas stated that there are "back alley" politics going on here and he can see it very clearly. The businessmen will receive the benefit of any User-Pay Ordinance and the 5% Utility Tax and they can write it off their income tax, but he cannot do so, and neither can other homeowners. This is just the beginning and he does not want it to continue. Councilman Heisey stated they are not talking about very much money for the homeowner, actually they are getting a bargain. The City isn't in the welfare business, the Federal Government is in it, the State is in it, the County is in it, and welfare problems should be taken up with the County. Every level of government doesn't have to be'in the welfare business and he is in favor of keeping the City out of it, keep revenue raising on a fair and equitable basis. Councilman Medders commented that both of the alternates presented tonight are objectionable to him, but he finds the User- Pay Ordinance less objectionable, so he will support Councilman Heisey's motion. After additional discussion, Councilman Heisey's motion, carried as Ayes: Noes: Absent: roll call vote taken on follows: Councilmen Bleecker, Heisey, Medders, Rees Councilmen Rucker, Thomas, Whittemore None Mayor Hart declared a brief recess at this time. The Council reconvened and Councilman Heisey moved adoption of a Resolution of the Council of the City of Bakersfield expressing its intention to reduce the tax rate 50~ or more during Fiscal Year 1972-73. Mayor Hart questioned City Attorney Hoagland regarding the legality of the adoption of such a Resolution.~ Mr. Hoagland stated this was not a commitment, it is an intent. After some discussion, roll call vote taken on this motion carried as follows: Ayes: Noes: Absent: Councilmen Bleecker, Heisey, Medders, Thomas, Whittemore None Rees, Rucker, None 33'2 Bakersfield, California, December 6, 1971 - Page 13 Correspondence Upon a motion by Councilman Bleecker, communication from Assemblyman William M. Ketchum, requesting each and every Council member to send him any appropriate legislation and advise for his new legislative program, was received and ordered placed on file. Upon a motion by Councilman Whirremote, communication from Wilson Call, Architect, on the subject of refuse collection fees, was received and ordered placed on file. Council Statements. Councilman Whittemore commented that the Council has had some confusion the last two weeks relative to the residency require- ments for members of ad hoc committees, and without having any ulterior motive, he addressed a letter to the City Attorney requesting the authority for his opinion that members need not be a resident of the City to serve on ad hoc committees. Mr. Hoagland replied to his request stating that members of ad hoc committees are not required to be residents of the City as it would unduly and unreasonably limit the power of the City Council to hold that ad hoc advisory committee members must all be residents, and it is felt that the framers of the Charter never intended to so limit the members of the Council. Councilman Whittemore stated that some extremely well- qualified people have served on ad hoc committees who did not live in the City; however, when the Freeway Ad Hoc Committee was appointed, the ruling was given to him that the members must be residents of the City of Bakersfield. If the Council does not restrict appoint- ments to the City Limits of Bakersfield, there are going to be conflicting interests. Also, the Council's main interest is to represent the people of the City, not those people living outside the City Limits. He then moved that from this point on, which would not preclude persons already appointed to existing committees, the members appointed to future ad hoc committees be residents of the City of Bakersfield, which is the same condition imposed on other committee and commission members. Councilman Bleecker stated that ordinarily he would concur with this motion, but he thinks there would be a number o£ people living outside the City, particularly for appointments to the Citizens Advisory Water Committee, that are extremely know- ledgeable and well-qualified in issues concerning water and water rights. He believes that the City needs to draw from the best talent available to serve on these various committees. He cannot support an idea that would preclude anyone with special knowledge from serving on ad hoc committees of the City. Councilman Rees stated he agrees with the general principle of Councilman Whittemore's motion~ He asked Mr. Hoagland earlier for an answer on this subject and received a reply which satisfied him and which he would think for general purposes would be fitting and proper. Mr. Hoagland said "when an issue concerns greater Bakersfield, a member of the Committee could live outside of the City Limits" and for that reason he would not support this motion. Councilman Whittemore stated he had put it out for dis- cussion~ and it is a matter that is not too critical. He felt that there is enough talent among City residents to handle any of the problems which pertain to.the City. Councilman Heisey stated he concurs with Councilman Whittemore~s motion. When he appointed former Councilman Stiern to the Water Committee, it was ruled that a member did not necessarily need to be a resident of the City. Mr. Stiern is articulate and knowledgeable on water problems and he has put many hours of study in on the subject. He stated he would support Councilman Whittemore's motion if it applied to future committees, but he would not want it applied to the Citizens Advisory Water Committee. Roll Call Vote taken on the motion carried as follows: Ayes: Noes: Absent: Councilmen Heisey, Rucker, Thomas., Whirremote Councilmen Bleecker, Medders, Rees None 334 Bakersfield, California, December 6, 1971 - Page 15 Councilman Medders stated he understands this motion did not include the Citizens Advisory Water Committee and announced his two appointments to this committee, as follows: Dr. Leon Ackermann Charles L. Sturtevant Councilman Thomas as follows: 2701 Beech Street 3409 Laverne Avenue appointed two members to this committee Finance Marlyn Marshall Ernest E. Wright Councilman Rees, Chairman Committee, recommended that 800 Montclair 802 Montclair of the Budget Review and the City of Bakersfield enter into an Option Agreement with the American Legion for purchase of their property located at 1301 - 17th Street; cond,itional to this agreement is the payment of $300.00 for a three month option to purchase that property for $100,000. The Committee has been advised by the Redevelopment Counsel that this is a desirable move and has been informed that $100,000 for this property is a fair price. The purpose of entering into this option agreement is that the City is proposing to build a parking facility in conjunction with the construction by the Bank of America of a multi-story building on the former site of the E1 Tejon Hotel. The out-of-pocket cost at the present time for the option would be $300.00, whether or not the option is taken up. According to the best advice they have, the purchase price of $100,000 three months hence would not be a bad investment whether or not the City elected to use the property for a parking facility. He then moved that the City enter into the option agreement with the American Legion and that the Mayor be authorized to execute the agreement. Councilman Heisey questioned whether three months was a long enough option and asked the City Attorney if it should not be a six months option. Mr. Hoagland stated the City would like six months, but unfortunately, a three months period is all the American Legion will grant the City. If the City exercises the option, it will not be necessary to pay the $100,000 until July, which is a six months period and in accordance with the City's financial consultants, the City should make that deadline. The option would begin December 14, 1971. Councilman Heisey asked how the $100,000 will be paid, Bakersfield, California, December 6, 1971 - Page 16 ~)35 where is the revenue coming from, would like this information. Mr. that a redevelopment project will stating that he feels the public Hoagland stated it is contemplated be instituted around the Bank of America Building and a few other areas. The land will be frozen at its present value and any improvements on the property, which will be substantial, may be used for tax increments for bonds when the bonds are sold, to be paid for entirely out of the structure itself. It would not be a general tax obligation of any area other than where the building is erected, the redevelopment area. Councilman Thomas asked the City Attorney if action could be deferred until next Monday night as he would like to have some time to study the matter. Mr. Heatland replied that he could not answer what the reaction of the American Legion will be, whether it would make any difference to them to hold it over. Councilman Bleecker stated' he had the same comment as Councilman Thomas, he cannot support the measure. The City has just found $193,000 to balance the budget after considerable debate, and now the Council is proposing to spend another $100,000 to buy this piece of property. Councilman Rees stated that if the downtown business area and other declining areas of the City are ever going to get off dead center and progress and become vigorous, the City must take some initiative. The Committee has elected to take this initiative, upon the best possible advice that it can find, that of Mr. Eugene Jacobs, who is Redevelopment Counsel for many California cities several of which are larger and doing bigger things than Bakersfield. Because of the imagination, foresight and the faith of a large banking operation in Bakersfield, the Council is asked to match this confidence and faith in its own City with a self-liquidating parking facility. The Bank has pledged that it will pay for and assume a certain number of parking spaces, that the tenants in their building will take a number of parking spaces, and the Committee decided that this was a progressive thing. Mr. Jacobs has advised the City that it is a wise and proper thing to do, and Mr. Bergen and Mr. Hoagland have affirmed that it is a wise thing for the Council to do. He understands that because of his affiliation 336 Bakersfield, California, December 6, 1971 - Page 17 with the American Legion, Councilman Whittemore wishes to abstain £rom entering into any discussion on this option. However, he asked Councilman Whittemore to comment on this offer, whether the City can defer action for a week. Councilman Whittemore stated he was reluctant to comment, and he is going to abstain from voting on the matter. He does know that the American Legion now has two offers for the property for a particular use, at this time. He also knows that the Legion wants to cooperate with the City on this redevelopment, as this property is an integral part of the Bank of America development. The fee of $300'.00 for a three months option is very nominal for the property, which he is sure they can sell this week at the same price they have quoted to the City. City Attorney Hoagland commented that no one knows more than he does how much the Council dislikes being faced with some- thing at the last moment without being given an opportunity to study it. However, between now and the time the option is to be exercised, each Councilman will be informed specifically on the project prior to expending $100,000. Vote taken on Councilman Rees' motion to approve the Option Agreement, authorize the Mayor to execute, and instruct the Finance Director to make the necessary transfer of funds from the Council's Contingency Fund carried, with Councilman Whirremote abstaining from voting. Consent Calendar. Upon a motion by Councilman Medders, Item (a) of the Consent Calendar - Allowance of Claims Nos. 1635 to 1691 inclusive, in amount of $197,637.73, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Noes: None Absent: None Thomas, Whirremote Bakersfield, California, December 6, 1971 - Page 18 337 Action on Bids. Upon a motion by Councilman Heisey, low bid of Wm. H. Schallock, Inc. for construction of Surplus Water Return System for Municipal Sewer Farm was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Whirremote, bid of Specialized Spray Service for removal of Weeds under the 1971 Weed Abatement Program was accepted, this being the only bid received, and the Mayor was authorized to execute the contract. Deferred Business. Upon a motion by Councilman Rucker, Ordinance No. 1983 New Series of the Council of the City of Bakersfield adding Section 11.04.781 to the Municipal Code (Speed Limit on Wilson Road between South Chester Avenue and Wible Road) was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: None Councilman Thomas stated that Wilson Road is the dividing line between the Sixth and Seventh Wards, and he asked the staff to look into the feasibility of constructing a bikeway or some type of pedestrian crossing for the young people who cross Wilson Road at Benton Street. Adoption of Resolution No. 86-71 of the Council of the City of Bakers- field to include Electrolysis treat- ments to the list of permitted uses in a C-0 (Professional Office) Zone. Upon recommendation of the Planning Commission, upon a motion by Councilman Rees, Resolution No. 86-71 of the Council of the City of Bakersfield to include Electrolysis Treatments to the list of adopted Ayes: Noes: Absent: permitted uses in a C-0 by the following vote: Councilmen Bleecker, Heisey, Medders, Thomas, Whirremote None None Professional Office) Zone, was Rees, Rucker, 338 Bakersfield, California, December 6, 1971 - Page 19 Council recesses until 7:30 P.M. Tuesday, December 7, 1971. There being no further business to come before the Council, Mayor Hart declared a recess at 10:00 P.M. until Tuesday, December 7, 1971, at 7:30 P.M., for the purpose of holding a public hearing to make recommendations to the State of California, Department of Public Works, Division of Highways, relative to the adoption of State Highway Route 178 between State Highway Route 99 and Union Avenue. Calif. ATTEST: and~EX-Of'ficlo Clerk of the Council of the City of Bakersfield, California Bakersfield, California, December 7, 19?l 339 Minutes of reconvened meeting of the Council of the City of Bakersfield held December 7, 1971 at 7:30 P.M., in the City Hall, Bakersfield, California, called for the purpose of holding a public hearing to make recommendations to the State of California, Depart- ment of Public Works, Division of Highways, relative to the adoption of State Highway Route 178 between State Highway Route 99 and Union Avenue. Mayor Hart asked Mr. Van Voorhis to give a resume and bring the Council up to date on the preliminary work that has been done. Councilman Heisey: I think it will be well to point out that this isn't a State hearing or a Highway Department hearing, this is a hearing conducted by the City Council of the City of Bakers- field. The State Division of Highways will conduct a public hearing at a later date. Mr. Van Voorhis and his staff have been invited to be here simply to provide information as it may be requested. Mayor Hart: I may point out that Mr. Heisey is the Chairman of our Freeway Committee and will bring us all up to date. I thank you for that. Please proceed, Mr. Van Voorhis. Mr. Van Voorhis: Mr. Mayor and members of the Council, ladies and gentlemen, we are very happy to be invited to participate in this public hearing. We have quite a few people from our office here~ Mr. Ramey~ District Engineer~ we also have several of our staff people to help hang maps. If the Council pleases to call a recess at any time, our people are available to answer personal or technical questions that people in the audience may have. As suggested by the Mayor and we think it would be advisable for the record of this hearing to show a resume of what has taken place so far on this transportation effort, here in the Bakersfield area. The basic data from a traffic standpoint was obtained from the area wide transportation study which was started in 1965 and com- pleted in 1969. The results of this area wide study were presented in an informal meeting to the City Council in these Chambers, Board of Supervisors, Planning Commission Staff and interested citizens on November 19, 1969. The large map against the wall on my right is the result of that study. Now for the audience on how to read that map, the Bakersf±eld, Cal±£orn±a~ December 7, 1971 - Pa~e 2 traffic that is attracted to all of those streets is shown by the widlh of bands. As pointed out in all of the meetings that we have had there are several critical areas in the Bakersfield area where in future years the existing facilities will not be adequate to handle the traffic. Some of those corridors are, for example, California Avenue west o~ Highway 99 which will not be adequate; Stockdale Highway will be inadequate; Rosedale Highway will be inadequate; and 24th Street will be inadequate. The dafa shown on the map is predicated on the assumption thai there will be no additional freeways other than what is already been established, namely Highway 99, Route 58 east of Highway 99 and Route 178 Freeway east of "M" Street. After the City Council had an opportunity to add this to the information that was presented them at the November? 19th meeting, the Council adopted a Resolution on December 15, 1969, requesting the Division of Highways to begin Freeway Route Studies between "M" Street and Route 5, that is Interstate 5 that passes west o~ Bakersfield. The next thing that the Division of Highways did, we ordered Aerial photography. On February 20, 1970, at a meeting of the Technical Coordinating Committee, for the record, is made up of staff members from the City, the County, both Engineering and Planning, and from the Division of Highways. We requested recommendations and suggestions on alternate routes to investigate. We came to this meeting with a blank map with no preconceived ideas. As a result of this meeting, there was 13 alternate routes suggested £or investigation. The small Aerial Map displayed on my far right shows the alternate lines that were recommended for the investigation. It was agreed at that meeting that the first thing to be done was to determine the ability of the various routes requested for study to test their ability to attract traffic and determine what effecl they would have on reducing tra£fic on the various City streets. Particularly those streets where future attraction exceeded the capacity. 341 Bakersfield, California, December 7, 1971 - Page 3 On May 11, 1970, we appeared before this Council to announce that we were ready to begin studies and we suggested that the Council appoint a Citizens Committee to act in an Advisory Capacity to the City Council. Between that date and the present date, a total of 13 meetings have been held with the Technical Coordinating Committee and five meetings with the Citizens Com- mittee. The last meeting with each of these groups was held on October 28, 1971. At this last meeting the Technical Coordinating Committee took no official action. At the Citizens Committee meeting held in the evening, the Committee voted to recommend the 23rd-24th Street Corridor Alternate. Now, we would like to present the data that has been gathered and presented to the Technical Coordinating Committee and the Citizens Committee on which their recommendations have been based. I would like to clarify an assumption that I have. I understand that this hearing is to consider the part of the study between "M" Street and Highway 99, and that is what we are here to discuss tonight. I believe that was also an official action of the Citizens Committee when they made their recommendation to the Council. Only on that part between Highway 99 and "M" Street. Mayor Hart: Mr. Van Voorhis, if you will permit me at this time I would like to turn the gavel over to the Vice-Mayor, Bob Whittemore, because of the conflict of interest at this hearing and I will step down at this time. Mr. Van Voorhis then proceeded with the use of Aerial Maps, displays with overlays and slides to explain the method by which traffic is attracted on Freeway alternates. Councilman Bleecker: Mr. Vice-Mayor, since I came late, which I apoligize for, I would just like to know what is going on. Councilman Whittemore: Mr. Van Voorhis has been asked and is giving us a resume of the freeway program to date. Councilman Bleecker: Before we go any further Mr. Vice- Mayor, have any ground rules been set down to govern this hearing, Bakersfield, California, December 7, 1971 - Page 4 when the audience can participate, when the Councilmen can partici- pate, etc. Councilman Whittemore: Yes, if we will he kind enough to let Mr Van Voorhis complete his presentation, then we will hear audience participation and then Council participation and then Council Action. Bleecker: got here. sents the traffic that I thought that might have occurred before I Mr. Van Voorhis: This display that you see now, would be attracted to an alternate repre- identified by the Aerial Map on the other wall marked H-1. This alternate is in the location of 23rd-24th Streets. It also shows the traffic that would be remaining on the other streets in that general vicinity as well as Highway 99. This last alternate is a little different than the other two, in that it is a route that was suggested at one of the Citizens Committee meetings as an exploratory idea to determine whether the traffic, the esst-west traffic that was attracted to the 24th Street Corridor without a freeway, could be handled if a freeway was constructed in the vicinity of Union Avenue which would connect the 178 Freeway with the 58 Freeway, which is south of Brundage Lane. We agreed to investigate this thoroughly. A map showing the configuration of this particular alternate is hung on the right hand wall. At this time I would like to emphasize a few important facts about traffic, general traffic in the Bakersfield area. I have talked to lots of people about traffic and lots of people think, all of the traffic on the State highway is non-stop through traffic. This is not correct. We have gone to a little trouble here to try to identify and clarify some of this information. (At this time Mr. Van Voorhis erected a screen and showed some slides.) To give you some basic facts, Highway 99, I'm sure most people think is through traffic, however only 42~% of the traffic on 343 Bakersfield, California, December 7, 1971 - Page5 Highway 99 is through traffic and 57½% has an origin or destination in Bakersfield. I want to call your attention to those wide bands thai represent the Freeway. If you will look at Route 58, which is the Brundage Lane Freeway, you will notice fhe width of the band at the right hand side of the map is much narrower than the band in the heart of the City. Actually from the edge of the built up area fo the heart of the City, the width of the band increases in width four times. Route 99 doubles within the major part of the City. Rosedale Highway which is west of Highway 99 as you approach the City increases by six times. Route 178 way out at the edge of the developed area compared into the downtown part, increases eight times. The difference in the width of these bands represents the increase of traffic that is generated by the metropolitan area, and you will see that the band increases as you approach the heart of the City. Still another way to describe the make-up of traffic, 83~% of all of the traffic circulating in fhis area is intra-traffic, in other words, never leaves the area. Plase E showing on the screen, this represents the traffic that was interviewed on Highway 99, the north leg of Highway 99. The interview was made leaving the Bakersfield area. You can see that a large portion of this width of bands is accumulated inside the urbanized area of Bakersfield. As a matter of fact, only 37% of the total passes out of the south end of the area as through traffic. Another interesting fact that I have developed here of that total volume up there that was interviewed at the top of the map; the area bounded by Golden State Avenue, Union Avenue, Brundage Lane and 99 Freeway, 21% of those trips that were interviewed, were generafed out of that area. That is to show you the high percentage of the local traffic that is using the State highways. Slide on Highway 65. I'm sure most of you understand where Highway 65 is. Only 30% of that total width of band at the north end passes on through on one State highway or another, the 344 Bakersfield, California, December 7, 1971 - Page 6 rest of it is all generated locally. That same heart of the City generates also 21% of this total traffic. Slide on Highway 58. This slide represents Highway 58 and is Plate G. Please note the width of the band at the right hand edge and that is the interview point east of Bakersfield. Only 26% of the traffic, out there at the interview point, passes on through the City without stopping. Here again thai core area of the City generates 15%. Plate H. This is Highway 184, locally known as Weedpatch Highway. A lot of people think that the major portion of the traffic that is on 184 is going to Lake Isabella, but look how that traffic disburses into the Bakersfield area. A very small percent- age of that total traffic at the interview point continues on up to Lake Isabella. Plate I. This is not a State highway, it is Union Avenue. We inlerviewed Union Avenue also because it was very highly traveled, but isn't it interesting to see how that traffic distri- butes into the City and the core area that I mentioned before attracts 28% of the traffic that is on Union Avenue. Plate J. This is Highway 99 from the south. It is kind of interesting to note that there is considerable more traffic on Highway 99 north of town than there is south of town. And here is a bigger percentage of the traffic south that is through traffic, this is 49% compared to 37% from the north leg. We find the same percentage wholly on trucks. There is much more truck traffic from the north than from the south. A larger percentage of the trucks that are on Highway 99 North stop in Bakersfield. Plate K. This is Rosedale to the west. This is a very interesting one I think, the central portion of Bakersfield attracts 24% of the Rosedale traffic and there is only 4% of the traffic that is on Rosedale west thai is through traffic. It is practically all local traffic. This is why it is impossible to serve traffic in a melropolitan area by building a State highway that by-passes the City. We found from this big study lhat the central business 345 Bakersfield, California, December 7, 1971 - Page 7 area which is the CBD, we call it, generates 20.3% of all the trips found in this entire area. Out of this 20%, almost 80% is generated within the study area. 13.4% of the trips had origin or destination right within the CBD, so there is a lot of circulation around within the CBD itself, and only 7% had one end outside the metropolitan area. There are other factors that must be considered for such traffic and one is the cost factor. We have made an exhibit which shows the cost factors involved in these three alternates. (Mr. Van Voorhis then read the cost Alternate H-I, which alternate. The estimated cost factors from the exhibit.). is the 23rd-24th Street Corridor is $12,865,000; the estimated right of way cost is $9,539,000 for a total of $22,404,000. There are 72 single family residential units involved; there are 73 apartment units; there are 39 commercial establishments; one industrial establishment, 2 unclassified, for a total of 187. The last alternate is Alternate O. The estimated con- struction cost is $16,300,000; the right-of-way cost $15,956,000; for a total of $32,271,000. There are 133 single family residences; 99 apartment units; 25 commercial establishments; 19 industrial; 9 unclassified, for a total of 285. Since we had the last committee meeting with the Citizens Committee, we had a bright idea that we thought we would investigate. You will see at the top map up there, that Plan calls for recon- structing the bridge across the Kern River on Rosedale or 24th Street, whichever you want to call it. We started looking for a way to avoid having to do that, and by moving the Freeway a short distance southerly where it crosses Highway 99 we were able to eliminate the reconstruction of that Rosedale Bridge. Another facet that is connected with this, we thought you people would be interested in us making an investigation to see what would happen, if we didn't make 24th Street a continuous street through there, like it shows on the top map. The reason that we did This is because of exactly what is now taking place on Oak Street. There 346 Bakersfield, California, December 7, 1971 - Page 8 is more traffic on Oak Street now than before we built the 99 Freeway. We thought you would be interested in us making an investigation to avoid something like this happening on 24th Street. The bottom picture is based upon not connecting Rosedale Highway directly into 24th Street. But actually, closing it at Oak Street, which would definitely return 24th Street to a purely residential street; therefore, the traffic that would be coming in from the west would get on to the freeway at Oak Street, also the traffic from Oak Street that wanted to go east would get on the interchange at the freeway, and by closing 24th Street, we would force that traffic to use the freeway rather than use 24th Street. According to our estimated traffic figures, this will increase the traffic on the freeway and definitely reduce the traffic on 24rh Street. Beginning at Oak Street, 24th Street would become a local residential street again and would be rid of this traffic. If you will look at the upper map again, we have tentatively shown ramp connections at F Street. The traffic that we are forcing to get on the freeway at Oak Street would have the opportunity to get off at F Street, right where the commercial area begins. We would eliminate that possibility of 24th Street continuing to be used as a through street. This is a decision that the City should make, we don't want to make it for you. We are giving you this opportunity to think about it; incidentally, there is a savings in cost involved. 000 The construction cost is lowered from $12,865/to $11,454,000. There was a slight increase in the right-of-way cost from $9,539,000 to $9,610,000. There is a $1,400,000 saving in total cost. In the right-of-way we increased the single family residents from 72 to 81, we reduced the apartment units from 73 to 32, the commercial is reduced from 39 to 36, industrial remains the same, there is one unclassified. We now have a total of 151 parcels compared to 187. The reason for this change is because we have eliminated taking any property north of 24th Street by this alternate plan. A lot of the 347 Bakersfield, California, December 7, 1971 - Page 9 savings that you ~ee there in the cost factors is represented by a saving in bridge costs at the crossing of Highway 99 and the Kern River. This was discovered by pure coincidence, we didn't anticipate that this would happen when we started investigating this plan. I believe this is something that the City should give serious consideration to, because I believe it is worth serious consideration to eliminate the possibility of 24th Street still being used as a through street. There are other factors also that we have to consider and they are environmental. We have not finished our environmental investigation yet. We have developed a few things. Beach Park is seriously damaged by either Alternate H-1 or Alternate O. We have called attention to this in all of our Committee meetings. However, we know that there is sufficient vacant land in the general area of Beach Park, that Beach Park can be made whole by the Division of Highways and that will be our obligation to do so. If the owner whether it is the County or the City, wishes that park to be main- tained in that area. We find that there are no churches or other public build- ings affected by any of these alternates. We find no barrier to schools that cannot be solved. Wherever there is any heavy traffic of school children, we can provide a crossing of the Freeway. The H-1 alternate can be depressed for its entire length between the crossing of the canal just east of Oak Street, over to between "M" and "L" Streets. At the west end, in order to pass over the 99 Freeway and the river we have to start bringing it up out of the ground, but on our present plan it can be kept beelow ground until we reach that canal. We are confident that we can provide a sound barrier as far west of the canal that will make that short piece of freeway comparable to a depressed freeway. Alternate O, as we leave existing 178 near the Southern Pacific Railroad, that will have to be elevated. Approximately half way between that point until we pass across Golden State Avenue 348 Bakersfield, California, December 7, 1971 - Page 10 to about a quarter of a mile beyond the crossing of Golden State Avenue. At that point, we believe, that we must bring this Freeway up to grade because of its proximity to the river, we wouldn't dare put that in a freeway so close to the river, I mean in a depressed section. We know that the soil out there is extemely sandy and the water runs through it very rapidly. That Freeway would have to be built at grade until we start approaching Rosedale Highway where it will have to be elevated and go over Rosedale Highway and over Highway 99 and the river. We have not finished the environ- mental study as yet. We understand that the City desires that a decision on the portion of the study east of Highway 99 be made at the earliest possible date. In order to accelerate a decision on that portion, it will be necessary to separate it from the old study originally requested by your Council in your Resolution of December 15, 1969. If our understanding is correct, we will need a supplemental Resolution from your Council to proceed on the basis of two rather than one study. We are prepared to do this if you prefer it. We estimate that a minimum of at least six months additional time will be required to bring the studies west of Highway 99 to the same degree of completion as we now have on the portion east of Highway 99. WHITTEMORE: Thank you, Mr. Van Voorhis, we appreciate it very much. We will open this portion of the meeting to comments from the audience. We will recognize you as you hold your hand up. As you are recognized if you will approach the microphone and identify yourself for the record please. Forternberry: My name is John Fortenberry, my residence is 2323 Spruce Street, City of Bakersfield. What interested me in the Freeway to begin with, was first of all my location in the midst of the Freeway Corridor, or Freeway area. If it were just my own home involved, I would have let it go as eminent doman or whatever you call it. But then I started to look around and to me the idea of this Freeway as originally planned, did not sound good. So I 349 Bakersfield, California, December 7, 1971 - Page 11 began to investigate furlher. I guesss Mr. Van Voorhis very well presented his case of a history leading up to the freeway. I have a slight history, facts leading up to this date from a slightly different point of view. meeting where on the one look at this information, I attended a City Planning Commission night that the Planning Commission had to regardless of what was said at the meefing, the Resolution had already been written. The Resolution was presented by Mr. Davis of the City Planning Commission. I do not intend to be catty, but I do wish to announce that it was read by Mr. Davis as though he had never see a word of the that pre-written report be£ore. He had to confer with Mr. Dean L. Gay, Chairman of the Planning Commission, in order to find out what his own submitted report seemed to say. This seemed to go through with a one sided vote, I believe, one gentlemen on the Planning Commission voted and was vehemently opposed to this. That was Mr. Ken Vetter, with all due respect to him. The following week, or the following City Council meeting, then brought forward a petition signed by a number of people who were in favor of this 24fh Street Corridor going through. As it turned out, the first name on this list was Dean A. Gay, who I believe is the father of Dean L. Gay. The petition was turned into the City Council by the Warde L. Watson Realty Company and Con- Struction Company, an organization of which the Chairman of your City Planning Commission happens to be the Manager. I felt that this man may have had some personal interest or conflict of interest as it was called, although unlike our Mayor, Mr. Hart, he did not in a gentlemanly manner refuse to participate in voting on this issue. I then decided I would take out a small petition of my own in opposition to this 24th Street Corridor that the Watson Realty Company seemed to favor. At the time I did not realize that I would be appointed to the Citizens Commission for Freeway Study, as I was later appointed. I had made a short round of the area, picked up a few names and then had it called to my attention by a 350 Bakersfield, California, December 7, 1971 - Page 12 letter submitted by Mrs. Berrigan that I was probably out of order in soliciting these names. At this moment I ceased and desisted from attempting to get any more names on that petition. I believe I did read to the Council what was on that petition, so they would realize that I was not at this point closed-minded. I did not suggest any one route and I will read the petition as I have it. It was addressed to the City Council, the City of Bakersfield. It reads: We, the undersigned wish to express our opposition to a freeway link through a 23rd-24th Street Corridor connecting the so-called cross town freeway with Highway 99. We recommend the circumvention of, rather than the destruction of residential and business areas within our City. All of these people on this list are not within the 23rd- 24th Street Corridor. All of them aren't even in the Westchester area. These were just some people I had solicited door to door and some people I happen to bump into or asked me if they could sign. At this point, I had desisted and ceased, or whatever after I had my wrist rapped for being on the committee and handling a petition at the same time. I then attended only one meeting of the Citizens Committee on Freeway Study and at this time it was immediately put to a vote on which route the Citizens Committee would select. Unfortunately, I had missed all of the build-up meetings to this. My attempts to study the freeway situation didn't completely in my mind, give me all of the background I would like to have had. I felt it was rushed into. When I asked questions at this Citizens meeting I heard a few grunts and groans from one of the ladies to my right and rear, because she had probably been through this information before at an earlier meeting. Although it was an attempt on my part to ask questions in order to bring myself up to date, so that I could use a little cormnon sense in voting. As it turned out, I happened to be the minority of one that voted against this 24th Street Corridor at that Citizens Committee. Mr. Medders did abstain. I don't know if this was a somewhat vote of confidence on his part Bakersfield, California, December 7, 1971 - Page 13 or not, and I did not question him on that. At that particular meeting it seems when I made a state- ment that I thought to be correct, Mr. Van Voorhis was quick to tell me when I was wrong. He even told me when I was wrong on some things that I later checked and found out I wasn't wrong. I called to Mr. Van Voorhis' attention that north of "F" Street on old Highway 99 was two lanes, I was quickly told it was a three lane highway. I can't help it, but I did pass it the other night and I still only see two lanes on each side, not three lanes on each side. Although I am not an expert at interpreting these things. Mr. Van Voorhis, I have spoken to him on more than one occasion, I believe he will verify this, requesting him to draw a Freeway route that has not yet been drawn. One that I think will be more suitable than either of these previous existing routes we have on the board. The new route on the bottom is a completely new one to me and I have not had the this one before this meeting tonight, been furnished at this last Citizens opportunity to even look at much less study it. We have Committee for Freeway Study, some figures. These figures were very close, if not the same ones that you have up on the board here tonight. Part of this area was broken down into smaller segments, I selected one of these smaller segments just to check on the figures. I had no way of checking the dollar and cents figures and I don't have a team of Engineers or experts or Mathematicians working with me. I had mentioned at one City Council meeting that I was able to go out and count residences, properties or structures are various lots. My figures differ greatly with those furnished by the State. Mr. Jing, wifh the City Planning Technicians, was able to help verify our differences. He said "yes" thaf my figures were correct for the area that we had for the homes and properties in the Corridor, but that the State's figures were more correct, although not identical with the City's, because the State's figures were wider than the Corridor, not just taking in a width from 23rd to 24th Street but going beyond and 35'2 Bakersfield, California, December 7, 1971 - Page north of 24th Street. That the State had planned to take in homes north of 24th Street from Myrtle Street on out to the river. They would be taking in a service station at Oak Street and 24th Street, they would be taking out a place called the Golden Key, and a service station structure next to this. That all of the properties on Pierce Road facing eastward with their backyard to the freeway were going to lose their backyards also. This new inclusion included 41 to 47, or 41 to 43 apartments. The State and the City had a slight difference in their figures that may commonly be known as the Deeter and Reeder apartments. I did find out that the City and State had failed to notify any of these people north of 24th Street that their homes might be included or any of the residences south of 23rd Street, that their homes would also be included. I took it upon my shoulders to notify some of these people and immediately I had a slight state of shock from some residences who had made the great trip to Fresno to the Highway Department office within six months prior to this information and had been told by the State Highway Department that "No" no homes would be taken off of 24th Street. There seems to be a little conflict in what the State has told some people in the last six months and what is on the map today, or rather, as yesterday. The new map today doesn't show anything north of 24th Street. I don't know which map we are working with. But there is some conflict. Possibly, by not telling people that their homes are involved keeps our meetings smaller. It keeps our interests down, because we know a lot of people don't come out and grind an axe unless they they they have an axe. Unfortunately, we're not all our brother's keepers we don't get out and take an interest in what is going on in the other part of town. When I compared figures, the true Corridor figures which were more than the ones that I had thought them to be, just within the 23rd-24th Street area that took in a much wider margin, it seems while the cost figure by the City, by Mr. Jing's Department were 14 Bakersfield, California, December 7, 1971 - Page 15 slightly more for the 24th Street Corridor than the State had come up with on their written figures submitted to us at the Planning Committee meeting. It also indicated, from Mr. Jing's indication, that the figures for the old map over here were a little less than what the State had quoted to the representatives at the meeting. Not a major difference, but there was hedging on both ends. I don't believe we should hedge too much when we supply data to representative commitlee members. I am not opposed to a Freeway, please do not get me wrong. I do believe that we need a freeway or highway or some means to facilitate our transportation from one end of town to another or from one location to another. I don't necessarily feel that I must accept all of our 1990 predictions and I am going to quote some words that Mr. Van Voorhis used earlier in this meeting, and I don't believe ! am going to quote them out of context because I believe this is the way this type of information is obtained or used predicated on the assumption for 1990. I remember at fhe term~nusof the Second World we all believed that within the next ten years or so we would be flying around in helicopters, this really didn't pan out. I don't know if.we are all going to be using bicycle paths in 1990 or shanks mare. But I hate to predicate things for too many years ahead. Although I do believe at the same time we have to have foresight. We know that Engineers make mis- takes, whether its miscounting, two lanes for three or whether its producing a freeway that last year's first big rain brought a mud slide and all our traffic on the cross-town freeway to a standstill or whether they are building a freeway from Bakersfield to Kernville and starting on the wront end so that all of the supplies and goods used in building the road and most of the employees working on the road have to drive all the way up to Kernville and build the road bakc to Bakersfield instead of building the road from Bakersfield and using it to transport those supplies up, Engineers do make mistakes. I would like our City Councilmen out of fairnmess, to picture themselves in the position of the City Councilman from Ward 353 354 Bakersfield, California, December 7, 1971 - Page 16 4 and imagine this same freeway, when they used their judgment, were going through their own part of town, because if this freeway wipes these people out of this part of the community, those people are either going to have to relocate outside of the City of Bakers- field or possibly in your Ward. I know darnwell none of you would want to have to live with me in your Ward. Sometimes I am a dis- agreeable fellow, I don't mean thai as a threat, but I wish you would picture yourselves in the position of having this freeway go through your Ward. Now I have some reasons that I am opposed to this 23rd-24th Street Corridor route. I believe that more property is going to be disturbed than has been let on originally. I have mentioned one person already who was a little shocked when he was told he wouldn't be in it but now he is in it. I was a little unhappy about the hedging, and I don't mean bushes to hide behind. Now, I am going to try to take these things as simply as I can. The Westchester, or northwest area, is one integral area in our City. it is an inter-dependent unit. The people move from one part of this to another. It's true we do have supermarkets on both sides of 24th Street, but a vast number of people do cross 24th Street and go to the northern half of this area. It is also true that the only school, elementary school, we have in this area, is on the south side of 24th Street and all elementary students living north of 24th Street must cross and go to that elementary school. Most of the churches in this Westchester area are along 17th, 18th, 19th Streets and Truxtun, the people from the north of 24th Street must go south of 24th to use this. A freeway going down 24th Street or any streef is really a beautiful thing, if you are going along in the direction it is going, but you happen to be on either one of the other four points of the compass, it is a heck of a barrier to get across. And I would hate to think of this one integrated community area, with its inter-dependencies, split in two. And I would also hate to think of an additional remark made tonight about closing off 24th Street and really trapping them in there. This is really a barrier 355 Bakersfield, California, December 7, 1971 - Page 17 right within the community and I think most of you have been to Los Angeles enough and found yourself in the same position I have found myself down there where you couldn't get across, you could drive along the side of a freeway for miles and wonder where do you get across this durn thing. I do not believe too many people here would want to swap and accept a freeway and the living con- ditions that we find in Los Angeles. Now some people may actually believe this, maybe they are grasping at straws, I don't know, but they may believe that this freeway will help our downtown businessmen. I can't see where a freeway a few blocks closer is going to make or break our downtown area. If they need that straw to grasp by, backing this 23rd-24th Street Corridor, I think it is a pretty weak one. I don't think its going. to help them or hurt them. I don't think it is a life or death benefit to them. Now we speak of a park located at the end of 24th Street between Oak Street and the River or Oak Street and Highway 99. There is a loss of this park, or most of this park to this Freeway. And yet the State can come up and give you another piece of land, it won't be the same piece of land, it might not be in the same place, it couldn't possibly occupy the same place, but they will reimburse you for this. Course they have to buy this land from someone else. I mean they can't reimburse you with land you already own, they must reimburse you with land that they have to obtain from someone else. Somewhere somebody is going to pay for this land whether you put it in the Federal taxes, the County taxes, or State taxes, or what, it comes out of the taxpayers pocket. Oh by the way, that park that we think of down there, Beach Park, I didn't realize how much the park was used, I figures maybe I'm just one of those people that go down there with a Cub Scout baseball team two or three times a week in summer. Or maybe a few people stop along the highway to use it. We got some figures the other day, these figures were furnished to the State of California, Department of Highways by the County of Kern. Even the State of 356 Bakersfield, California, December 7, 1971 - Page 18 California Highway Department didn't believe the figures that were presented to them and they had to double check these figures with the County to bear them out to be Correct. The number of people that used Beach Park last year was 1,400,000 people. I'd say it was a fairly necessary park, I'd say this park had to be used, I don't believe the State will give you a different figure than that. I got that figure from the State. The'area that the freeway - 23rd-24th Street Corridor is planned ~ts construction on, is a floodSarea. People who have businesses on that street know about this. The City Council have heard about their sand bags for a few years every time it rains, regardless of how major or minor the rain. It is a sand base area, it is subject to flooding, and at this point a below ground level freeway was planned. I hope they are also planning on a ½ million gallon a day standby pump which .... and you know how these pumps work when they standby for a year all the time. We had an experience with that last year on our first rain on our cross-town freeway. Now we have been told that this freeway is to be submerged, so that the noise will not be heard. Mr. Jing's office with the City tells me that from Spruce Street on, and that was the reason that on earlier financial figures submitted to the Citizens Committee for Freeway Study, that the 23rd-24th Street Corridor was broken into two sections. One section wou~d be figures at a cost of building it at below ground level, and one set of figures for a freeway that would be built coming up on an upramp, out of the ground into the sky, or overhead, at which point our trucks woul~ have to gun their engines to climb, creating a real area. And they have got a new term for it, pollution." Anyone in this area would have noise impact in the they call it "noise a' difficult time escaping., the noise, you would have to live with it, also your property values surely wouldn't climb like the freeway would. I hadn't heard this term before, until I spoke with Mr. Jing of the City Planning Technicians, but unfortunately Mr. Jing is not here, but he used the term that indicated a six level freeway stack up Bakersfield, California, December ?, 1971 - Page on new 99 due to this cloverleaf. This was not my terminology, not my choice of words, but one handed me by a City employee and a member of your Planning Technician group. Now, if this 23rd-24th Street Freeway Corridor were to go through, it would also remove many properties permanently from our tax rolls. Our City Council would not be able to make up their $2.00 difference on garbage, or collect any taxes from these pro- perties that would be non-existent. And I'm not talking about non- existent for next year, or the year after, but I'm talking aboul forever which is considered to be a heck of a long time. So there would be a loss of income from properties, you know you can't get income off properties that cease to exist. I don't mean to take up all of your time but these things have to be said, somebody's got to say them, and I'm afraid somebody else might miss them. Now, let's be fair now to both sides. We have some people thai are in favor of a freeway in this area and we owe these people something because the State has done them a terrific injustice. With the shadow of a freeway hanging over their property, their value of their property has gone down. Whose going to buy their property if they are in a position where they want to sell now and get out? Nobody. And, I mean these people are stuck for it, and you have to respect them for trying to get out if they no longer desire to remain in residency in this one spot. But now the State comes along and says "Sure we will buy your property." They feel good. But how good can they feel when at the earliest the State can come up until 1974 to appropriate the funds to purchase their property. Or maybe 1977 before they get around to purchasing their property. This isn't helping those folks out either, if the shadow of a freeway weren't over their homes, they would be in a position to sell that property at its true value now, not at whatever the State seems to be agreeable to work out with them through negotiations and litigations and what not else. Five to seven years from now. 357 19 358 Bakersfield, California, December 7, 1971 - Page 20 Now the area we are talking about still, the 23rd-24th Street Corridor, is a beautiful area, it is an area mainly composed of older homes that have been kept up in good condition. This is not a slum area that we are going to wipe out and replace with some new bright shiny structure. This has much aesthetic and social value. It is one of the necest areas, if the not the nicest area in our City. Now when you fake cream out of the bottle of milk and you replace it with water, you are thinning down the whole bottle, and in this case, the whole bottle is your City. I hate to see some Of the nicest homes in our area dropped down. This is also a form of double jeopardy. This battle was fought 12 years ago and these homes, you might say they won, they were untouched, although a shoi gun was left pointing at them at the time. We don't approve of double jeopardy when a person's life or limb is at stake, and I think his home, or his residence or his neighbor- hood or his City is an important theing to him also.' When it comes to this aesthetic value loss, I keep thinking back to the Los Angeles area. Now let's go back to this freeway. If you don't mind I am going to walk over here and I am going to point myself, because I don't have a man over here with a rod. Here is the cross-town freeway, at no place does this cross-town-freeway---unintelligible. You know you can't sit here and knock a highway or knock a freeway and find nothing but fault with it, unless you've got something constructive to put up in its place. And I think I am doing a lot of complaining, so I've got to have something to come up with. We have been told that the shortest distance between two points is a straight line, but again I contend where do you draw your straight line from, from a freeway that's curved out of its way somewhere else. Now if we take these people out of this 23~d-24th Street Corridor and we remove them from this area, they are going to be a loss to that business district downtown that is screaming for customers, because these people are many of the people that cater 359 Bakersfield, California, December 7, 1971 - Page 21 t o our If you shop somewhere else. district. downtown stores. They are in the close approximate area. relocate these people somewhere else, they are going to It'll be a further loss to our business By the way, I did have one more complaint against this choice of location. Not a complaint that I thought of, in fact I am really surprised that someone thought of something that I hadn't. I have a petition'here submitted to me by people who I did not know prior to this, it was unsolicited by me and I'll go ahead and I'll read it: It's addressed to the City Council. Gentlemen: We would like to petition to the Bakersfield City Council to establish an alternate truck route to the 24th Street Corridor for heavy truck traffic East and West through the City of Bakersfieldi All of us are heavy truck drivers with a Class A Truck Drivers Licenses and we are concer~ed not with the hazard to our own safety, but with the hazard to the safety of the residents of the City of Bakersfield presented by the existing 24th Street Corridor. The danger presented by even a minor accident to a truck carrying gasoline or explosives cannot be minimized. We have discussed it amoung ourselves and decided that the only safe access route to connect with routes to and from the East is the old Highway 99 route north and south along Union Avenue and Golden State Highway. This is a heavy roadbed, capable of handling heavy equipment, is safe for us to drive, and even reduces the number of miles that we have to drive. We would there- fore like to petition the Bakersfield City Council to take whatever steps that are necessary to establish diversion route signs at the north and south intersections of old Highway 99 with the new High- way 99 Freeway Bypass. In addition, signs should also be placed for guiding traffic to the East at Brundage Lane, Sumner Street, Niles Street and the new Cross-Town Freeway (Highways 58 and 178 now under construction). It is signed by about 12 truck drivers. Now these truck drivers are the people who would use our Freeways. 360 Bakersfield, California, December 7, 1971 - Page 22 Now I have a recommendation, since I have found a lot of fault with the routes we have here. I would recommend a route that has not yet been drawn, correctly and not drawn to have been drawn. Mr. State Highway Department or if it has been drawn, was drawn in- according to the way it has been requested Bleecker originally suggested it to the representatives here, that they draw a freeway line, or highway line, or oute line, in the vicinity of and using old Highway 99. A particular route that is already in the possession of taxpayers, a route that will not require an excessive number of overpasses or underpasses to be constructed around it, a route that has a correct and proper roadbed already in place, a route that will not cost the taxpayers a vast sum of money, if may cost some to modernize and bring if up to date, possibly even widen it. This highway already exists to a great extent. Mr. Van Voorhis tells us that people will use freeways when they are there. Alright, if we put one there, if he is correct, they use if. If they don't use it right away, Mr. Van Voorhis tells us and Use his own words here - that people will learn to use it. By the way this old 99 area, I don't believe even when we had our heavy rain, the heaviest in many years about six or seven years ago, didn't flood, the water came right up to the edge of it but it didn't cross it, and this was seven years ago, the big rain, the one that flooded roads up to the top of the highway from here to beyond Fresno. There will be no blockage of schools or churches by this route drawn in this new area. There will no dividing of the community that is already established. There will be no loss of business by taking residents out of this community, the people will still be there to spend the little dollar bills uptown. There will be no relocating of people that are on 24th Street, north of 24th Street, south of 23rd Street into other areas. You will all be saved from having me in your individual wards. You will be saved the high acquisition of the cost of property. There will be Bakersfield, California, December 7, 1971 - Page 23 no loss from your tax rolls. We can continue to pay our $2.00 for garbage or whatever and our other taxes. Now, here's where I deviate somewhat. (Leaves microphone - cannot hear) Mr. Van Voorhis said tonight, that it is local or intra- traffic that is using the freeways. He showed a Plate that he called Plate I as proof, that this traffic peters off and divides up inside our community, it doesn't go on out beyond our community. If we have a situation that is going to eat up our traffic within the City, then why should we have a 70 mile an hour freeway going through town to take these people right on through, if we need these access roads right in our City. Old 99 does have these access streets already there. It would be a service highway to our people and remember freeways are built for people~ people are relocated for freeways. He says again, more traffic is on 99 north of Bakersfield. Okay, north of Bakersfield, that's where we go. (Away from microphone- cannot.hear) My plan is to superimpose this highway. Make use of the existing road. Either take it straight off our 99 or as it crosses the river, curve it around through an unconstructed, or unbuilt up, or an area that is not built up with property. The route could be shorter over 99, a road off to the left and one to the right. It wouldn't be any more complicated than the interchange we have here. a If a~ything, it would probably be/less complicated interchange. He says most of all the traffic coming from Rosedale is local. Why should we shoot that through at they are going to drop out before this. At as being the Councilman yourself gentlemen, is to be located. I've got 70 miles an hour, if this point again picture in the area where this some after thoughts here. Somebody is going to pay for this highway. Now the State of California is sitting back licking their chops. This highway is not going to be paid for by the State of California. Why, you know, its going to come out of Federal Funds. Of ourse nobody pays Federal Funds, we all take 362 Bakersfield; California, December 7, 1971 - Page 24 money from the Federal Government. But if the Federal Government won't pay for this, if this should not meet some of the requirements of the Environmental Control Act, and it may be in violation in some areas. There are many questions about fhe loss of this park which services 1,400,000 people, there is much environmental question about dividing a community right in the middle, there is much question about buying access property, access road when road is there. The Federal Government may not just string along with the State of California on their request for funds here. It might take longer than five or seven years before the Federal Government comes up with its money ~or either one of these planned routes. This is something to think about. Now you know durned well that the State of California is not going to come up with this And I'm not opposed to freeways And here we might be completely shenaniganed out of this. Now we have to try to also remember, I don't know what the finances would cost on this route I picked. I can't see where a route going down a highway we already owned could possibly cost more than buying property that we don't own I dan't see whet buying a roadbed, building a roadbed, would possibly be cheaper than using a roadbed we already have. I can't see that acquiring property with some structures on it already could possibly be cheaper than using this unimproved land. If anything to us, the taxpayers. should be less whether its a State taxpayer's position, or a Federal taxpayer's position, or what. I'm'sorry but there's just some things I'm just not too bright about Even it it did cost us a few dollars more or less, I think the environment of our people, the people who live in this City and make the need for freeways possible, should be concerned before the freeways. And if I talk any longer and take up any more of your time, I am going to be very much ashamed of myself. Thank you 363 Bakersfield, California, December 7, 1971 - Page 25 Whirremote: Thank you, Mr. Fortenberry. Is there any- one else in the audience who would like to be heard. Please identify yourself for the record. Hugh Sill: I'm Hugh Sil~. I'm a resident and a property owner in the general area of the 24th Street Corridor proposal. Sitting here as I have for the last half hour, I can anticipate that the arguments that are going to be given here tonight are pretty much the same as the ones given for the last ten or twelve years. There doesn't seem to be much difference. The representation, naturally, are those who mostly opposed to these things and judging from the amount of people by comparison to the overall population of Bakersfield, it must be relatively unimportant decision that has to be made. I don't think it's so monumental. Especially sinc~ some of you in City Government have had ten years to think about this thing. Some of you were probably instrumental in granting the right-of-way for the cross-town Freeway on 24th and "M" Streets. When the City of Bakersfield did that, in my estimation, they cast the die for the 24th Street Corridor. I could never see, in my opinion, how it could be realigned in any other manner. It's been a long time, and not much has changed for the good. A lot of things have changed for the worse in this, inasmuch as the town is growing, the fact that we have never extended that freeway has been a hindrance to the growth of certain areas, the congestion is greater, the costs are higher, and I think its just time now that the City of Bakersfield made a decision. This isn't monumental, as I have said before. It's been given a lot of thought by a lot of people. The thinking doesn't seem to alter much, it seems to always go back to 24th Street or something similar to that. I have seen the drawing there that has been presented tonight, and I daresay if it takes my hopse out, I'm for that one, but I think that all that you gentlemen have to do is do something and do something rather quickly following good engineering principles, good reasoning which you have. I don't think there's anything here that anybody can look at and analyze 364 Bakersfield, California, December 7, 1971 - Page 26 in their own mind, without coming to the same directives as the State Highway Department has instituted here. They haven't altered at all, they have given us some alternative plans, but they always come back to the 24th Street Corridor. It's a natural. There's no other way to look at it. In the first place it's a State Route and it's been a State Route for fifty years, and judging from the statistics, it's the cheapest route and the most direct route. And will serve the most people. So I don't think that you've got a big problem. I think that all you have to do is have the courage to make a decision. Councilman Rees: Mr. Vice-Mayor, I was thinking Mr. Fortenberry's position when he found himself appointed to the cross-town had in the or worse Engineer. about this matter. San Francisco and freeway committee and that it paralleled a position we Third Ward which is mainly College Heights, for better My appointee to this committee was originally an I didn't ask him when I appointed him, how he felt But his company in its wisdom moved him to I appointed another man who was intelligent, educated, and was not an Engineer. didn't ask him how he felt about it met at the home of the Engineer discussion of the background of Committee had had and my second to, I believe just one meeting, He had my confidence and I either. These two gentlemen and they had a full evening's the many meetings that this appointee, the replacement, went like Mr. Fortenberry, and cast his vote as did Mr. Forternberry and was probably in roughly the same position. Did not protest and I haven't heard from him since, I don't know whether he was right or whether he was wrong. I do know I was interested in drawing this parallel to indicate that Mr. Fortenberry was not alone in this particular situation of being a late appointee to this particular Committee. Councilman Bleecker: I would like to ask Mr. Sill a couple of questions, if you don't mind Mr. Chairman. Hugh, you're a neighbor of mine, are you not? 365 Bakersfield, California, December 7, 1971 - Page 27 Sill: That's right. Bleecker: Do you own property that would be taken by this freeway, a substantial amount of property on the 24th Street Corridor. Sill: No, not directly. I have relatives that would lose a house. Bleecker: But no commercial properties of any kind. Sill: Possibly, I am not sure. It could be closely related in some manner. Bleecker: Mr. Sill, you seem to have a lot of knowledge about where the freeway should go and everything. It would appear to me that you would know whether or not you owned a substantial amount of property that would be taken by this 24th Street Corridor. Sill: Well, I don't think that you can say that because it is not aligned there and surveyed. The lines you see there could be maybe three or four hundred feet one way or the other. Bleecker: Well, if they were three or four hundred feet one way or the other and this only a corridor, the lines have not been exactly drawn - would you own a substantial amount of property which would be taken by this freeway, three or four hundred feet one way or the other. Sill: No. Bleecker: You would not. Sill: No Bleecker: Thank you. Whittemore: Is there anyone else in the audience. Allister McTaggert: I live up on Christmas Tree Lane so I am not affected one way or another as far as selling my house is concerned. I think what has happened here is that the City of Bakersfield and the Division of Highways has made a mistake in the creation of the cross-town freeway as it exists today. I think its time we cut our losses and re-route that freeway from Lake Isabella area completely around the City of Bakersfield. I also 366 Bakersfield, California, December 7, 1971 - Page 28 feel that the route coming in from Mojave and the Tehachapi area should also be re-routed around the City of Bakersfield. I don't think your cross-town freeway has done anything for you the way it exists today, its a mess. Thank you. Whirremote: We have another gentleman back here who would like to be recognized. V. W. Whaley: My wife and I own our home on 24th Street 2301. I want totalk a little bit about this 24th Street Corridor. The south side of 24th Street on the tax records is known as the old North Section. The north side of 24th Street is Westchester area. I very much object to any action being taken through there until the present route over Brundage is completed. They have had 12 years that I know about to complete Brundage Lane and they are still monkeying with it~ I think I can take a wheelbarrow and do it myself. I'm retired but I still have a little interests around the City here and there. I agree with these truck drivers. I'm on Pierce Road, almost every day. There was a group of them, they're union drivers. There was a group of them talking here not long ago and one of them sitting there eating lunch and he was driving a set of doubles. That's a truck pulling two big trailers. He had on a cargo of 50% dynamite andexplosive written all over it. A slight accident in that 24th Street area, there's no telling what the damage could be. So I would like to see Brundage Lane completed. I would like to see a truck route established as quick as possible and then we can go from there. Frank Ghezzi: I reside at 2914 21st Street You've heard a lot tonight about bands, brown bands, pink bands, you heard about automobile's speeds, costs, feasibility, you have heard a lot of things, but one rather important thing seems to have been for- gotten. That's the human being that lives in the City. So I would like to take a little bit of different approach than the people who talked before me. I'd like to address you tonight as a City Planner and as an Ecologist. I would also like to point out thaf this is a much more important subject thaf we are falking about 367 Bakersfield, California, December 7, 1971 - Page 29 tonight, than just the immediate neighborhood. It affects the City at large, it affects the whole metropolitan area, it is a most important decision, not just a neighborhood decision. I would also like to point out that, I'm not against freeways, certainly it's not a question tonight about comparing the actual condition on 24th Street now and a freeway. It's a matter of where should a freeway go. As a City Planner one cannot be but very vehemently opposed to a freeway that cuts through any area. This is in violation of axioms of City planning, modern and ancient. The Greeks and Romans, I have said this before, they knew about it, they never would plan a City and cut right through it. let along cut through one that hasn't even been built, an existing area. To deprive a citizen that lives on one side from easily going to the other side of the freeway, if it wouldn't be a freeway it would be simple for him to cross this thing.. To put this barrier in his path, it's taking away one of the most fundamental conveniences of urban living. Like a child walking to school. a wife rushing to the grocery store quickly and pick up something. Rather than to being cut by this ridiculous gorge that is being planned. The decision tonight is going to be rather important and it rests on you. And it is not just the Councilman of the Fourth Ward who should take very deep concern in this, it is all of you. I know your constituents, your electorate is not here. It is not here because they are not interested in the City of Bakersfield, perchance, that is one of the reasons why the City is not what it really should be. I also wish to point out that there is in existence at this time such a thing as the Environmental Quality Act of 1970 which you may not be familiar with. If I didn't take papers other than the Bakersfield Californian, I wouldn't be familiar with it. San Francisco, Santa Monica, Los Angeles, several communities in California with the help of these acts, have defeated freeways. For some reason or other, beyond my knowledge, or I would certainly 368 Bakersfield, California, December 7, 1971 - Page 30 not know why, it was never mentioned in our papers, but I never- theless would like to read a couple things out of this act, and maybe you should judge it accordingly. It says that the Legislature further finds and declares that it is the policy of the State of California to mainfain a high environment now and in the future and take all action necessary to protect the environmental quality of the Stale. To take all action necessary to provide the people of this State clean air, enjoyment of aesthetic environmental quality and freedom from excessive noise. So I think this is something that should be taken into consideration when you make this choice tonight. There is no question in my mind but that this freeway would be but another ugly scar in our City whose lustrous beauty has not been particuarly shining. The populace of Bakersfield, I would like to take this opprtunity at this time, is to be blamed greatly for many of the things that go on in theCity of Bakersfield and if they are not here I think it is your duty as a Councilman of those area that are not represented tonight to really think about this decision you are going to make~. The populace of Bakersfield, they don't care if it doesn't happen right in their backyard. Most of us who are here are living in that very neighborhood and not in areas that are actually equally affected by this freeway. People in Bakersfield besides refusing to annex to the City which is foolish in my opinion, they travel, they go to Europe, they go to Carmel, they come back, and the rave about the beauty of those cities. What are we doing here in Bakersfield? We knock down trees, we get rid of the shade, the rustling of the leaves, the singing of the birds, the fragrance of the blossoms. We replace those things with a freeway, the smell of castor oil, a honking of two tone automobiles and squeaking of brakes. And we think may be. we are not so bad. We are doing our part of the ecology because in the trunk of our car we have a six-pack of Cocoa Colas and we are going 369 Bakersfield, California, December 7, 1971 - Page 31 to recycle those bottles. That's about the contribution of the population at large to ecology, some contribution! Thank you. Whirremote: Thank you, Mr. Ghezzi. Bob Hoven: I am President of the Greater Bakersfield Chamber of Commerce and I have followed Mr. Ghezzi before and he's a hard act to follow. The Chamber of Commerce is on record, as you know, in sypport of the adoption of the 24th Street Corridor as the best solution to the problem of the cross-town freeway. This conclusion has been reached after making a..protracted and in-depth study of the factors involved and after taking into consideration the need for a decision to be made at the earliest possible moment. Many of our members have been involved in this study, including the owners of residences and businesses in the affected area. There are, and always have been, only three basic routes which can be used to connect the present freeway termination at "M" Street with Highway 99. in the west. There are probably hundreds of variations which could be made on these three basics. And if we sat down long enough we could probably study them all. Mean- while~ the traffic problem on 24th Street gets worse and worse. According to the records of your Bakersfield Police Department, there were 228 accidents on 24th Street and the two-way couplet last year. For the first nine months of this year there were 158 accidents with the winter months yet to come. Several businesses are holding expansion and remodeling plans in abeyance unable to go ahead so long as the freeway decision is.undecided. They can't move off the street and rebuild somewhere else because no one will buy the property for the same reason. Many home owners on the street have exactly the same problem and you have heard some of those tonight. They are unable to sell and afraid to remodel~ It is impossible to build a freeway in an urban area. without destroying property, uprooting people and changing the character of an area. The same objections being advanced tonight. 37O Bakersfield, California, December 7, 1971 - Page 32 would be made by the residents of any other area which was ehosen for the freeway. Like most growth problems, this one must be decided on the basis of its effect on the total community. We believe the present traffic problem on 24th Street is the basic problem to be solved. The State Division of Highways stated that neither a northern alternative nor a southern alter- native route will appreciably reduce the traffic. They indicate the only solution is the freeway in the 24th Street Corridor. It has been suggested that the Division of Highways are saying this to justify their preference for the 24th Street route. If we cannot rely on their experience and judgment, who shall we rely on instead. It just doesn't make sense to us, to ignore the advise of e~perts who are making this kind of decision everyday. We strongly urge the City Council to approve the 24th Street Freeway Corridor and press for an early adoption of the route by the State Division of Highways. Thank you. Whittemore: Mr. Hoven,~Mr. Bleecker has a question. Bleecker: Yes, Mr. Hoven, was,it ever indicated to you as President and a member of the Chamber of Commerce, and you express some immediancy to approve a freeway route,by anybody from the State of California, that if the Chamber of Commerce didn't go along with the 24th Street Corridor, that there might not be any freeway at all. Hoven: I can't, no, it was not indicated to me in no way. Lawton Powers: I'd like to speak as a resident and a member of - or rather one of Mr. Bleecker's constituents. No one has brought up the point of the people that live in the immediate area and the problems that they have in getting to and from work, their wife.taking the kids to school. .24th Street is there,'it has been there for a long time, and I can tell you that every time that we go on 24th Street, we'take our lives in our hands. There have been several people killed where we intersect that road, and Bakersfield, California, December 7, 1971 - Page 33 I think that the freeway will only replace this condition. I have. two youngsters, I don't want them on 24th, I certainly wouldn't allow them to cross it to go to high school. But with a freeway they would have the opportunity to get to and from school safely. Also, Mr. Bleecker, when you ran for office, I was a supporter of yours and through all of these hearings, as a resident of that area, I have not said a word. I waited until the final decision tonight to even say anything. But to my knowledge, nobody from your office, you personally or anybody from your office, has been around to take a count to see what the people in your own area think. And it might be a good idea for you to take a reading in your ward and find out how many are against. Thank you. Bleecker: I would like to talk to Mr. Powers. Mr. Powers, I appreciate your support in the past, since you brought it up. That maybe the only support I will ever get but that doesn't bother me a whole lot Mr. Powers, because when I was elected to all this, there were no strings attached to my election and I thought that I could serve the people best by doing what I thought was best. To answer your question about nobody being contacted in the immediate area - Mr. Fortenberry presented this Council with a petition tonight that had some 120 signatures, I don't know whether that would suffice. Had you thought that you and your family might be able to cross 24th Street much easier if there were a couple of stop signs on that street. Had you thought, Mr. Powers, that through signs, outside the immediate area, that over a period of time, it is my opinion, that traffic has purposely been directed down 24th Street to make the cut through the area more feasible, reasonable and sound when the time came to put the freeway through. I would just like to give you a couple of things to think about, Mr. Powers. Powers: Thank you, I have been thinking a lot of things in the consideration for several years with the delay of this project. I think that we should set aside the talk and get down to business of building a freeway. Bakersfield, California, December 7, 1971 - Page 34 Mrs. Sargent Eissler: I live at 2300 Elm Street. I simply want to say that I agree with Mr. Hugh Sill. The 23rd-24th Street is a natural. I think everyone must have known that when it stopped the present freeway - when the present freeway stopped where it stopped. I, personally, and most of my neighbors - well, Mr. Fortenberry stopped by to get me to sign his petition which I did not. He accused me of being on Mr. Gay's petition, which I certainly am not, I am not on anyone's petition. But I live in the shadow of 24th Street and the congested traffic of 24th Street. Mr. Bleecker and Mr. Fortenberry live in the shadow of a proposed freeway. Thank you. David Cleves: I live not in the local community, but across the town somewhat, over in the West Park Area and the White Front Store is located somewhere near my home. I have taken an interest in the freeway because my wife is a Woman's Lib'er and said she doesn't like freeways at all. I happen to like freeways, I drive on them all the time. So we went to a freeway meeting and heard Mr. Van Voorhis explain ways that the freeway south of 24th is going to serve our City. It seems to me that here tonight you are faced with the problem of taking a short segment of a rather long project, a long range project, that goes just not in- side the City Limits but outside the City Limits into the County. And if you decide tonight to take the short section of the freeway and as your resolution to connect with Highway 99, solving the problem by going to the 24th Street Corridor, you will alter all of the other possibilities. So only taking a short route is, I think, dangerous. It will eliminate the possibility of what I see on a small, but large map, its a small map in size but it covers a large area. It shows a yellow line and it shows a brown line. The yellow line appears to go somewhat north of the 24th Street Corridor, it goes somewhat like "O" does, but it'doesn't make this curve back down toward town, the yellow line continues north and meets 99 farther north than these two maps show. I don't know that that route is any better than perhaps the purple one, or an orange 373 Bakersfield, California, December 7, 1971 - Page 35 one or some of the others here. But it seems to me that the long range planning for the entire County needs to be looked at and not just the short segment. I also had some questions as to the statistical nature that we have found ourselves in. We have studies based on 1965 questionnaires that Mr. Van Voorhis has made public to us. I think that was before Valley Plaza, I think that was before Fedway closed, I think many things have happened since those statistics were obtained. I don't know that those statistics are telling us the entire truth about the entire traffic that flows through, into or around Bakersfield. I am not sure whether the statistics indicate that the traffic traveling north and south on 99 if traveling through, stopping off in Bakersfield for a cup of coffee, and then getting right back on, and therefore being a statistic twice, one coming in and one going out, or just'how those figures are arranged, I haven't got a book to look at or to study. I am faced with looking at 7 or 8 plates tonight and they all tell me well, maybe we need something in the line of a freeway. We do need something to serve the people that are in the City to get them out of the City. still think that two freeways are.quite possible, one north of the City and one south of the City. I have also heard that it was the request of the City Council that those two freeways meet somewhere west of 99. In the long range planning I see that they would be meeting a mile maybe two miles west of 99 causing a triangular shaped area to be surrounded by freeway. Those people living within that triangle would not be served any better by one than by another of the freeways and the people that live very far away from that triangle, would not be served at all, because it wouldn't help them. So I think that you must look at more than just a short segment of your freeway. You must look at the long segment and take the whole thing in one great big package rather than one Iitt]e short thing that will temporarily solve the immediate problems of the City. I submit, gentlemen, that it is a bigger problem and will take much more time. Thank you. 374 Bakersfield, California, December 7, 1971 - Page 36 Heisey: I would just like to point out that the Council Advisory Committee has looked at the long range freeway study west of Highway 99 but tonight we are only considering that portion east of 99. Cleves: Yes, and if you make the mistake of only con- sidering that portion east of 99 without the rest of --- Heisey: Well, this is the only portion that we have jurisdiction over right now, the State hasn't come up with their costs, etc. and all the alternates. Cleves: I'm submitting that this is not enough for us to look at. If we are only going to look at - Thank you. Dee Abbott: Perhaps I shouldn't be butting in on this. I have certain property which is unimportant, along the Corridor, but that's neither here people who are going to least dust about this. several businesses down nor there. The strange thing is that the be displaced the most have kicked up the There are three automobile companies and in there and I haven't heard a squawk from any of them. They take the same position, I think, that I feel. We've been sitting on a tight wire for 12 years while this has been kicked around and kicked around. That property in there was valuable before'they made two one-way streets in there which has killed the value of that property. If we sit around for another 12 years trying to decide what we are going to do, nobody is going to be ahead. Those automobile companies, three of them, and several other companies, they don't dare expand, they don't know what's going to happen. I happen to know, off the record, that they are looking for new locations. Regardless of what this does, that is killed right now by these two one-way streets. Personally, I would like to see the Council get off their duff and do'something. Either kill it completely, or put it through. I certainly am not going to profit by its going through but I certainly would like to see it put on through. 375 Bakersfield~ California, December 7, 1971 - Page 37 John Blackwood: I am here as a representative of the Downtown Business Assiciation and also as a businessman and a property owner in Bakersfield. Last year the Downtown Business Association made a motion to approve the 23rd-24th Street Freeway. On July 20th of this year, the reaffirmed their position in favor of this freeway route. As a spokesman for the Downtown Business Association, I'm here to urge you to adopt this freeway route. There has been enough time and energy expended making studies and decisions and I think that now is the time for you to make your decision on this. I attended the Planning Commission meeting here two months ago I believe it was, I attended the Planning Commission meeting on this subject and felt that the results of this study were comprehensive and thorough and should be accepted. It was at this meeting that I heard a member say that the east-west free- way east of "M" Street was in the wrong location. But I'm sure the people using it do not feel that way. The Rosedale Highway might also be in the wrong location. I'm sure of something, Free- way 99 is in the wrong place. And there could be even those who think the whole City of Bakersfield is laid out wrong. And it well could be. But its here and we must face the facts. We can't change the whole City. The Court House, the County offices, City Hall, the Sheriff's office, the Police Department, the Hall of Records, the Federal Building, plus many other businesses, are in this area. And the peole are going to use the quickest, shortest route to get downtown. So, therefore, I think that we do need this freeway. I know what ever route that you pick, you're not going to please everybody. But I think that you have to make a decision for the benefit of the majority of the people and for the City of Bakers- field. Thank you. Bleecker: I would just like to make mention of the fact that I attended the same Planning Commission meeting that Mr. Blackwood did, and having had some experience in politics so far and having had some before I was elected to this Council in various groups, I'd like to say right now that that Planning Commission 376 Bakersfield, Cali£ornia, December 7, 1971 - Page 38 meeting was dominated by two of its members. On an important issue of this nature, only one other member of the Commission, and I can recall asked any questions whatsoever. The rest of the members sat on their duffs and it was the biggest railroad job I'd ever seen. Thank you. Eileen Langston: I live at 2311 - 24th Street. It sort me that you keep referring to 24th Street as a COrridor think it is a freeway, only you don't call it that. of amuses because I Twelve years ago - I might say I've lived there 14 years, and I boasted you know, and one day I came out and they were digging up my front yard and I can shake hands with the people going down the street. Lo and behold, a month later, here's that curve sign going around there, you know, and so, all of the accidents they talk about, I'm no longer afraid of blood, because every time - you know, the thud and you run out because there's an accident. But on also you hear this man with his whistle oh it is a highway, I'm not knocking that, I knew it when I built the house there. But there's absolutely no sign out there telling you that that's a school crosswalk. And so three of us in that area, we didn't know that we did this, I approached the patrolman out there and he said that cross guard, he said they can't put it up there, a sign that this is a crosswalk because it is a highway. And the man whistles, and you see him jot down names, but it is absolutely amazing that a child hasn't been killed on 24th Street. As far as visiting a neighbor across the street, I'd never live .that dangerously to borrow a cup of sugar. I don't even know my neighbors across the street. But I honestly think every time I pick up the paper or I listen to the news, they mention a Corridor, I can't believe that. Oh then, the traffic, they have a sign that says 35 miles an hour and honestly believe you would get a ticket if you went that slow. That means you have to go that fast and so I'm not arguing a freeway or not. But I say if you leave it as it is, then something has to be done to protect the children, even me, you know, to get out there. We go out the back way. Thank you. Bakersfield, California, December 7, 1971 - Page 39 377 Nate Krevits: I live at 21st and Elm Streets in Mr. Bleecker's domain. Just a question that I would like to ask of Mr. Blackwood. I think he said he represented the Downtown Business Association, that the Downtown Business Association approved the 24th Street Corridor, and so forth and so on. I'm a businessman with offices downtown, I don't know whether I belong to the Down- town Business Association or not, but I as a downtown businessman, was never asked to vote whether or not I would agree or not agree to the 24th Street Corridor. So I don't know how he can speak for the downtown business people. If there is a separate organization calling itself the Downtown Business Association, I as a downtown businessman do not go along with it because I don't go down 24th Street to get to my office. I don't have to go down 24th Street and I very seldom use 24th Street. Thank you. Gerald Clifford: I am a property owner in the area, I'm speaking for myself, not for the Chamber of Commerce of which I'm a member, or the Board of Realtors. I was surprised tonight on the H-l, I see that there's a bridge north of the present bridge on 24th Street that would wipe my house out, and that's a good point. I live about 2 houses north of where Lawton Powers lives, he spoke just previously, and then I have property, I'm the owner of, at 21st and Elm Street that probably would be south of where the proposed corridor would be. That touches on Mr. Ghezzi's property, just east of Mr. Ghezzi's and runs 132 feet west to Elm Street fronting 21st Street. I've said all my life, and I've been in the real estate business for 25-30 years, that if anybody w~nted to build a freeway through my house or along side of it, they could[ do it. This probably is the moment of truth here tonight, because if this unrehearsed bit of bridge work up there, should it happen, my house might be right on the edge of the freeway, being north of 24th Street. And you can either take it or I can sit on the edge of it when you get through with it, I'll sell it. You could do the same thing on 21st and Elm Street. I have never seen such a 378 Bakersfield, California, December 7, 1971 - Page 40 scattering of experts as One longer than others and I learned a good deal. I thought expert here was Mr. Van Voorhis of the State of California. is true of most everything we do today. We hire get into a problem and we abide by his decision. you get a more honest appraisal of the situation I have listened to here this evening. the This experts, if we Now where could than a disinterested party like Mr. Van Voorhis, making his statistics and his recom- mendation to the City of Bakersfield. We get all that done for us. And how can anybody else stand up, like I'm standing here and say I think it should be someplace else. I feel that the complexion of the town does not warrant it going down 24th Street. I can not visualize that we could do that. I noticed, he may be here this evening, that Gene Reid is in the area, who with his $1,500,000 complex, and he probably trusts that this freeway will be placed where it should be, or he would have a battery of attorneys here arguing with you tonight telling you to put it someplace else. Mr. Bleecker I will possibly still vote for you. I really think that we should rely on the expert, and no one else. Bob Pike: I happen to live in Bakersfield, California. The only reason I stood up is I objected to one statement the last man made. Any man that will stand up and say that any man in government is an expert and belittle the people; to my way of thinking has not put much thought into what he is saying. Barbara Bates: I had no intention of coming up here tonight. I live at2301 "A" Street. I would like to say something about experts also. Trying to bring out what Mr. Bleecker was trying to bring out a few minutes ago. The fact that everything has been planned down this Corridor. When the cross-town freeway was planned in the beginning down to "M" Street, we were promised by the'State Highway Commissioner, I can't remember his name right now. But he promised us that the Lake Isabella traffic would be routed down old Highway 99. That was promised. But if you will come down Highway 99 through 24th Street, you will see a sign that 379 Bakersfield, California, December 7, 1971 - Page 41 says "Lake Isabella" that way, right up 24th Street, not down old 99 like it was promised. Also, I'd like to say that as far as Downtown Businessmen's Association is concerned, I shop downtown and I shop downtown because it's nearby. If we are displaced from our area on "A" Street, I no longer will be shopping downtown because I won't be close to downtown. Thank you. Whittemore: Is there anyone else in the audience who would like to be heard at this time? Alright, we will close the public discussion and declare a five minute recess. Whirremote: I was just informed by the City Clerk that we have additional petitions filed in favor of the freeway with 31 signatures on them. We are going to reconvene with the Council portion of the meeting this evening. We will hear the pros and cons of each member of the Council. Bleecker: Thank you, Mr. Vice-Mayor. For those of you who were not aware of the fact, I was the Chairman of the Citizens Advisory Committee for Freeway Study for some few months. The question was brought up on more than one occasion about how does it affect the people involved. The primary concern at all times on the 15 or 18 freeway alternates that we looked at, at one time or another, was how many cars does it take off the street. That was about all I heard as Chairman of that Committee. I felt that there was much more to it. It was brought up by the State of California tonight, that the environmental studies have not been completed. Hopefully, this Council would not take some action that; could later on be termed in violation of Federal Law. The success of any freeway, it is my understanding anyway, depends on Federal funds, perhaps up to 90%. At least 50% to 75% depends on Federal funds. This City has engaged in the business of requesting Federal funds from time to time. We have found that for some small minute reason at have been etcetera. times, our funds have been delayed or denied or excuses given, that we have had to rework our requests, etcetera, 380 Bakersfield, California, December 7, 1971 - Page 42 The alternate to a freeway such as H-l, which I certainly believe would destroy the neighborhood and this is my primary con- cern, is that one that would be Similar to the one called "O" on the board. I asked the Chairman of the Committee that a line be drawn to circumvent the residential areas and come back into a tie-in somewhere on 99. This was not done, the Department of Engineers drew a line that cut through the northern most part of Riviera Westchester and as you can see on the board over there, took out more homes, more businesses, etc. compared to the straight shot right down the 24th Street Corridor. I talked to Mr. Jing about this sometime later and asked him about it, that maybe another line could be drawn that would serve the same purpose but take it a little further north. I believe that there is an alternate to the proposed Corridor under H-l, but as of today, no other line has been drawn, and I believe that by not doing so, the State of California has not only done a disservice to the Committee,'that it explains these various freeway routes too, but it has done a disservice to itself. If I might use a member of the staff, they haven't had too much to do tonight with a pointer, please at the board over there. On the Map over there called "0", if you take it up from the extreme right hand corner there, or where it comes at say near Ed Fant's, where the freeway ends, if that line were drawn along existing old 99, and take it on up north and out of the residential area at Riviera Westchester and bring it back in, or somewhere down closer than that, bring it on down and make a tie-in, I believe you would find that it might be a little bit longer but that it would be the number 2 alternate if "O" as it exists now is the No. 2 Alternate, in the one critera of taking cars off the street. That was my understanding when I was a member of that Committee. I believe that this can be done, that it would certainly alleviate a lot of problems in cutting up the northern part of the Fourth Ward, because if you would again use your pointer there, Dewey, you'll find that there are the Santa Fe tracks running north and Bakersfield, California, December 7, 1971 - Page 43 3~1 south, or east and west, over by the Bakersfield High School, the Santa Fe tracks. Alright, there you are. Frommthat area, say at the bottom~ to 24th Street~ is about five blocks, you have a natural barrier with the railroad tracks. Put a freeway right ~own the middle of that area of town, which is another barrier, and to the north of that~ you have another existing barrier which is old 99. I believe that this is cutting up an'area of the City too much and I don't care whose ox gets gored, and who owns what property in that area. The National Environmental Policy Act of 1969 is very interesting, and we must remember at this time that this freeway depends on these Federal Funds. It says in e£fect lhat if you break up neighborhoods or make it possible to secure Sufficient replacement dwellings in the immediate area, then the freeway route does not comply with the Federal Law. The Laws says too, that the freeway has to be in existence for two years before you can determine whether or not noise levels are louder than they were before there was a freeway. It must also be documented that fumes must not be a problem because of the freeway. It also says, and this is perhaps the most important thing of all, that if there is a reasonable alternate that causes less harm and works aesthetically to the benefit of the community~ it is preferable. Federal Funds depend on compliance with the Act, and the funds, as I said before, could represent as much as 75%, or more of the cost and without Federal participation, there would be no freeway. I would like to ask Mr. Van Voorhis, a couple of questions at this time. If I recall correctly, Mr. Van Voorhis~ at one of our meetings~ you made mention of the fact~ that if there is a freeway, people would go out of their way to get to it. Is that not correct. Van Voorhis: Some people will. I think we showed you on the traffic attraction displays, that some people are going out of their way. 33~000 cars. not. The "O" Alternate attracts, in our estimation, Some people will go out of their way, others will Bakersfields California, December 7, 19?l - Page 44 Bleecker: When we talked about something similar to "0", let's say, you advised me that you couldn't take it outside of the Riviera Westchester area because the curve would be too keen to come back and hook it at the existing new 99 Freeway, Route 5, is that right. Van Voorhis: As I recall the suggestion, when you made it, and correct me i~ I'm wrong, you asked us to draw an alternate which would follow Golden State Avenue and come back to the inter- section near the intersection of 24th and Oak. We tried to - and as I explained the rate of curvature, must be a minimum rate of curvature in order to meet present day standards, and the curve that we show on the map is the minimum rate of curve that we are using now on urban freeways. Bleecker: But it is not impossible to use one that is more restrictive than the curve you speak of, in other words, to maintain a 70 mile an hour speed around that curve, is that right. That was my impression. Van Voorhis: We would use a sharper radius curve, how- ever, from actual experience we know that that increases the accident frequency. This is why this rate of curvature was adopted as a minimum standard. We have freeways built in other areas with sharper radius curves from which these statistics have been gathered that show the safety factor on a freeway is reduced by reducing the radius Bleecker: not be done. Van Voorhis: lice some of the safety of the curves. In other words, you are saying that that could Oh, it could be done, but it would sacri- features of a freeway. Bleecker: Then that is no longer done, nobody is doing that anywhere. Van Voorhis: This is a policy that has been laid down by the State Highway Engineers, that unless we experience an extremely critical situation that this is the standard that is to be used. Bakersfield, California, December?, 1971 Page 45 Bleecker: Well, Mr.'Van Voorhis, do you have any idea if the freeway were taken north of the curve that it is making now and cross straight over the river and come back in down there at the proposed interchange, would you have any idea what the assessed valuation of the property would be compared to H-1. Van Voorhis: I would hesitate to predict without making a study because I might be quoted. I would hate to guess at this stage of the game whether it will be or not. The map shows it is vacant property. Actually, we tried to draw an alternate that would cross the river further up and come down through thai vacant property. But we got to the Highway 99 crossing, we found our- selves in a very awkward position so far as trying to design a good interchange with Highway 99. The acute angle was so severe that we felt that we could not draw a proper interchange with 99, and in addition, it would wipe out the interchange that now exists with Rosedale Highway. Based on the study that we have made so far, we believe that that Rosedale interchange is vital to this area because it would be right on top of it. The locations thai we haw~ drawn~ these interchanges on the two alternates you see there, are very critical so far as retaining the existing interchange with Rosedale Highway. For example, we drew an interchange on another alternate that has since been eliminated by vote of the Committee involved, that dark blue line on the other map that maybe you can't see, we drew an interchange there and we found no way that we could maintain or retain the existing interchange with Rosedale Highway. That's why I say it would eliminate that interchange which provides local access to Highway 99 in that area. We know it is very important because there is a lot of traffic that's using it. Bleecker: Mr. Van Voorhis, in regards to the replacement of Beach Park. Can you now, as an official of the State of California, guarantee this City that that park will be replaced and what it would cost at no cost to the City of Bakersfield. Van Voorhis: What we have done, Mr. Bleecker, we have investigated the vacant land lying immediately east of Highway 99, 384 Bakersfield, California, December 7, 1971 - Page 46 from that park the State will.buy that owns the park wants the cases before. Bleecker: immediately south of Beach Park and behind the headquarters of a subsidiary of Kern County Land Company or Tenneco, that faces on Oak. There is more vacant property in the back immediately adjacent to the existing park than either one of these alternates removes the existing park. Therefore, I can honestly and truthly say, there is sufficient land available to replace the area of the taken and I can assure you, based on past experience, that additional land if the jurisdiction that park retained. We have done it in many Well, I would think that since that park had 1,400,000 visitors last year, that it would certainly be the intention of this City and this County to retain it or relocate it, but what I want to get at, Mr. Van Voorhis, can you guarantee this Council that thai.park will be replaced if that freeway route takes it out. Now that's what I'm getting at. Can you give me a "yes" or "no" to that, Mr. Van Voorhis. Van Voorhis: I can give you a'~es" it will be. Although you know, Mr. Bleecker, nobody can guarantee anything but death and taxes. But that's as'strong a guarantee as I think you'll get on anything. Bleecker: Sometimes we hear a lot of things on this Council, where people guarantee this and guarantee that, and nothing ever happens. Van Voorhis: I have been involved with many projects where we have had a similar case and in every case that I know of, a park has been replaced, and usually the jurisdiction with the park ends up with more land than they started with. Bleecker: And just to reiterate one more time! You're telling this Council that it is - that you cannot route that free- way to go north of the northern most extremity of Riviera Westchester and bring it back and tie it in at thai existing interchange, or somewhere near it, to make satisfactory connection with that inter- change on those other freeways. Bakersfield, California, December.7, 1971 - Page 47 3S5 Van Voorhis: I don't like the word "cannot." You can do anything if you want to compromise your standards and ignore all standards of engineering. Nothing is impossible. So I would like to say thaf it would be a very compromise type of design based on the investigation that we have made so far. And I, as a pro- fessional Engineer, would certainly not like to see any compromise in design standards. These projects are in the pipeline so long that even at the most modern thinking, certain features are out of date, so to speak, with the existing standards before we get it built. I believe it would be a mistake with a design that was compromised before you start. That's the strongest statement I can make. Bleecker: You recall here,.a few minutes ago, I made mention of certain aspects of this National Environmental Policy Act of 1969. Have you.made sufficient investigation along those lines to satisfy yourself that the proposed H-1 would satisfy the Federal requirements to receive the funds to assist in building this freeway. Van Voorhis: I believe it is reasonable to believe that we will, but I'm not going to guarantee that. But I will guarantee this, that before this study is finished by our office, that we will have a complete analysis of the environmenial impact all written up in an environmental statement. And this statement will be reviewedby many agencies before there will be any.official action taken by the State to adopt a route. The action by this Council would be extremely valuable to the State in making a decision on this matter. However, the final decision has to be made by the California Highway Commission by law, and I can assure that the California Highway Commission is nor going to make a final decision on this until they are satisfied that the environmental impact has been fully and carefully considered. Heisey: Just one thing, Mr. Van.Voorhis. I might say that we discuss~aaawful lot of material here tonight and for some of us it has been somewhat repetitious. Frankly, I don't think Bakersfield, California, December 7, 1971 - Page 48 very much has come out that's new to me, but I'm sure that a lot of it is new to some of you individuals who have not been parti- cipating in hearings and study groups over the past couple of years. I think it might be well, Mr. Van Voorhis, if you would comment on one of the alternatives that was discussed at a very great length by Mr. Fortenberry, which provided for going down the old Golden State Highway and using that existing roadbed as a freeway. I know there are some real problems in expenses there that I am not sure whether he is aware of them, but I know Van Voorhis can point out the pitfalls and problems entailed there, and I really think that the public ought to understand that. Van Voorhis: Mr. Heisey~ this is a very complicated question. Existing Golden State Avenue is a conventional highway except for the section that crossed over the Garces Circle which is four lanes wide on the elevated section. The street is six lanes wide, but all of the frontage abutting to that highway has access to it, that's what makes it makes it different from a freeway. have just on that portion from."F" attraction of that "0" Alternate cars a day using that alternate. that there are 17,000 cars a day a conventional highway and The traffic analysis that we Street to "M" Street, the traffic indicates there would be 33,000 But in addition to that, we find that would want to use existing Golden State Avenue. Those two volumes of traffic add up to 50~000 cars. The present street in its present condition as a conventional highway with traffic signals on it would not be adequate to handle 50~000 cars a day.. We know because we have a street in Fresno called Blackstone Avenue that has 45,000 cars a day~ that iS a six lane street similar to this~ and it is woefully inadequafe. I think the basic traffic assignment map proves, at least to my safisfaction, that if you leave Golden State Avenue as a conventional highway, it will not attract 33,000 cars. The basic map over there shows, and that is assuming Golden State Avenue continues to exist. The basic traffic data shows that there will 387 Bakersfield, California, December 7, 1971 - Page 49 be 60,000 cars on 24th Street. To attract these 33,000 cars in Golden State Avenue Corridor, you have to develop a freeway. If you wanted to develop Golden State Avenue itself as a freeway, the very nature of a freeway requires that all of the frontage that abutts Golden State Avenue on both sides, the access must be restricted. Now how are you going to restrict it? You can either buy out the property and eliminate if, or you can build frontage roads to serve these businesses. But. that's a vicious circle,' because when you build these frontage roads to serve this property, you in effect, wipe it out or destroy a lot of it. So, I don't believe it's feasible to convert the existing six lane conventional highway to a freeway without doing an awful lot of damage to the area. It is not a simple thing, like putting up a fence, it's not that simple. It takes a lot more than that to convert a street to a freeway. We have found out through numerous studies, that the way we have drawn it on the map there between "M" and "F" Streets the. most economical way to do it, where you put the freeway on one side and leave the highway intact to serve the property on the other side. When we first started drawing that alternate, we were going to reduce Golden State Avenue to a frontage road. But to our surprise we'found out that there were still 17,000 cars that wanted to use that street. So we had to leave it as a multi-lane highway to serve the traffic that wanted to use that. Have I answered all your question yet, or just a part of it? Heisey: No, I think you have pretty well answered it. Mr. Chairman, we can sit here all night and I don"t mind sitting as long as anybody else, but I do think for the sake of accomplishing something we ought to have a motion on the floor to discuss and eventually get to the point of having a vote. Of all: of the study groups and organizations that have evaluated this, there hasn't been one, to my knowledge, that hasn't come up with the recommenda- tion of going H-1 Corridor up there, 23rd-24th Street Corridor. 388 Bakersfield, California, December 7, 1971 - Page 50 There is a there, but Corridor. new wrinkle thrown in as a possible interchange down it still doesn't alter the fact that it is the same When Mr. Bleecker ceased being Chairman of the Citizens Council Committee on Freeway, I was appointed Chairman. At the last meeting that the Committee had, they voted with but one dissenting vote, to adopt and recommend to the City Council, the adoption of this particular route. After listening to the dis- cussion tonight, I'm still of the opinion that this is the best, the most efficient, the most economical and that it will serve the area in the best manner. I personally feel that most of these fears are unfounded that are being presented tonight. I think that a freeway after it has been built and it is landscaped, is a very attractive part of the City, in fact they are almost a park unto themselves, and I would move the adoption of the 23rd-24th Street Corridor with the possible interchange being left to be decided at some later date, whichever is going to work out best at that particular western terminus there, by the river. Whittemore: Thank you. We have a motion. Do we have ./ to designate this as H-I, is that the proper designation. Fine. We have a motion to adopt the 23rd-24th Street Corridor, known as H-1. We have two lights here, Mr. Bleecker. Bleecker: Mr. Van Voorhis, would you go up to Alternate "0" please, so we will know what we are talking about. If you have something to write on, on the big white space, will you write "O-A," as an alternate to that route. Would you just take your pointer and take the line from Chester - would you draw a line that cir- cumvents the northern part of Riviera Westchester and goes through substantially vacant property and bring that back around into - across the river and back into an interchange. Van Voorhis: I am not capable of plotting curves that represents a rate of change that this curve represents free hand. Bleecker: You are generally familiar with the line you have drawn there called "O-A." I am not trying to put you on, 389 Bakersfield, California, December 7, 1971 - Page 51 am just trying to establish an "O-A." Mr. Vice-Mayor and Council, if in writing the State of California will guarantee to replace Beach Park as indicated by Mr. Van Voorhis, if the State of Cali- fornia can guarantee that the 24th Street Corridor is in compliance with, and will continue in compliance with the'National Environ- mental Policy Act'of 1969 before any construction begins, and if through a written communication to this Council, the State Depart- ment of Engineers can indicate promptly that Alternate "O-A" is nor feasible and sound and according to good engineering practices and is not substantially cheaper than H-l, under these three con- ditions I can support Mr. Heisey's motion. Whiftemore: Thank you, Mr. Bleecker. Thank you, Mr. Van Voorhis. Mr. Rees. Rees: Councilman Whittemore, I'd like to say first that the answers that Mr. Van Voorhis gave as an Engineer and as a representative of the State of California, presumably a disinterested professional, to the questions about Beach Park and about the National Environmental Policy Act of 1969, satisfies me of the integrity of the State, of the State's representative here tonights, and with no further gimmicks like "Will you take.an oath - Bleecker: I didn"t ask anybody to take an oath. Rees: I'm sorry, I correct myself. No further gimmicks. The word "Gimmick" is my own, are necessary. I've heard no person speak here tonight whom I do not respect further for having heard from them tonight. In two particulars, No. i - Their sincerity, No. 2 - Their ability to express themselves. I'm speaking of people in the audience and also Councilmen. I:particularly respect: Mr. Van Voorhis for what I regard as his professional excellence as an Engineer. For these reasons, I would support'M~. Heisey in his motion. ' Whirremote: Thank you, Mr. Rees. 'Are there any further Council comments. 39O Bakersfield, California, December 7, 1971 - Page 52 Bleecker: Mr. Vice-Mayor, I would move that the require- ments I just mentioned be added to Mr. Heisey's motion as a sub- stitute motion. Whittemore: We have a substitute motion - we have Bleecker: I don't know any other way to do business.' Rucker: Mr. Mayor, like Mr. Rees here, I have listened to all of the discussion from each and every individual and I think, too, that most of them are very interested and. I know that the people who are most concerned are the ones who are going to be hit directly. I also thought as far as Bakersfield is concerned, or any City where a freeway is being discussed, those people who are in the direct path of the freeway will oppose it more than those people who are not in the path of the freeway. Certainly, I think if you put the freeway any place where people are, then I think those people are going to complain. If it was hanging in the air I suppose if people were there already, I think the people where the freeway was going to pass, would also complain. So Mr. Mayor, I possibly will have to agree and support Mr. Heisey's motion. Whittemore: Thank you, Mr. Rucker. Any further comments from the Council. If not we have an amendment to Mr. Heisey's motion, a substitute motion which would encompass the original motion and whidh would include Councilman Bleecker's request that the State guarantee that Beach Park would be replaced, and that the State would guarantee in writing that Mr. Bleecker's alternate proposal "O-A" is not feasible and sound and according to good engineering practices and is not substantially cheaper than H-1. Bleecker: There was another one there, Mr. Vice-Mayor. That the State of California guarantee that the 24th Street Corridor is in compliance with and will continue in compliance with the National Environmental Policy Act of 1969 before construction. Whittemore: Alright, you have the motion restated. We will have the roll call vote: 3.ql Bakersfield, California, December~ 7, 1971 - Page 53 City Clerk: Bleecker, Aye. Heisey. I would like to state before I vote that in Committ.ee I studied these possible alternates, the "O" Alternate and to my judgment I think these requests,iKeith, and I would like to support you on them, are really unreasonable and unnecessary, and I think it is another delay which is a waste of time, because I'm satisfied the answers are going to be the same, particularly in regard to another long drawn out study on another alternate, I just can't in good faith support your substitute motion, and I vote "no." City Clerk: Medders - It isn't objectionable to me. Aye. Rees - No. Rucker - Let me ask one question. Isn't this some of the requests made by Councilman Bleecker, doesn't the State automatically look into this before they do anything anyway, Mr. Van Voorhis. .Van Voorhis: Mr. Rucker, we did examine this alternate and I tried to answer that question a while ago, but I will try to repeat it as best I can. And if I don't make it clear, you ask another question so you will be sure and understand what I am saying. We did investigate this and we did try to draw a line across the river up there north of the Riviera Westchester and come down along the river on the northwest side through that vacant property. But when we got'to Highway 99, the acute angle of crossing, it was our opinion we were unable to develop a proper interchange with Highway 99 that met the rigorous standards of design that we think we must provide. We have investigated this in a preliminary way to our satisfaction that it was not as good as this plan from that standpoint. Now, if the Council wishes us to investigate this further, we will do so. Rucker: How about some of the other requests that were made by Mr. Bleecker, do you automatically look into these things. Van Voorhis: Do you mean this guarantee on the environ- mental that word "guarantee" scares me a little bit. That's asking quite a lot. Environmental factors sometimes involve 392 Bakersfield, California, December 7, 1971 Page 54 different things to different people. To guarantee something - I did assure'Mr. Bleecker, I thought, that the California Highway Commission Would not make a decision on this until all of the comments are in from everybody that has an opportunity to review this environmental statement that we prepare, they Will not make a decision until that i~ done. Whether that constitutes a guarantee, I'm not sure. Rucker: Thank you. Mr. Mayor,' I vote "nb." City Clerk: Thomas - No. Whittemore - No. Whittemore: Now:we will vote on the original motion by Mr. Heisey which is to designate the 23rd-24th Street H-1 Plan as the adopted route. Mr. Bleecker. 'Bleecker: Thank you, Mr. Vice-Mayor~ I don't believe that the requests that I have made of this Council for a responsible segment of State Government to put in writing certain guarantees to this City, that would indicate that a park that is ~sed by 1,400,000 people be replaced. That no~construction would begin until the State satisfies itself and the Federal Government satisfies itself that the State of California is in compliance with the National Environmental Policy Act of 1969, before con- struction begins', which is 7 years from now. I don't believe it is unreas6nable to ask that the Council ask the Department of Engineers to put in writing what they have said here tonight. I don't believe'these requests are unreasonable. But in the wisdom of the Council it chose, by a 5-2 vote, not to support my motion, therefore, on this motion I will have to vote "no," as I cannot support it without these guarantees. City Clerk: Heisey - Aye. Medders - For the same reason that Mr. Bleecker stated, I will vote "no." Rees- Aye. Rucker- Mr. Bleecker, don't you think that with the discussion here tonight and Mr. Van Voorhis has been before the mike, and the news reporter' and radio, etc., don't you think this would be sufficient to pin Mr. Van Voorhis down. 393 Bakersfield, California, December 7, 1971 - Page 55 Bleecker: Mr. Rucker, if I thought so, I wouldn't have to make an amendment to the motion. Whittemore: I think that Mr. Van Voorhis has gomas far as he possibly can. When you ask somebody to guarantee something there might be something happen in the future which could disrupt it. He is being as frank and open with us he possibly can. He has said what their policy is, they are doing it elsewhere. We discussed this in a joint meeting of the Technical Coordinating Committee and the Advisory Committee, at which we were told the same thing. This is their policy and I have no reason to believe otherwise, I don't think that we should belabor the point on into the night in an attempt to get a personal guarantee out of Mr. Van Voorhis~ when he has said and has always been open with us, this is what they are going to do. Continue with the vote, please. Rucker: I will vote Aye. City Clerk: Thomas - Aye. Whittemore - Aye. Whittemore: Carried and so ordered. Now before we adjourn, Mr. Van Voorhis has another statement to make. Mr. Van Voorhis stated that this will be his last appearance in Bakersfield he is retiring on December 24, 1971 and wished everyone present the best of luck. He has decided that 42 years is long enough. He has enjoyed his long association with the City and the cooperation he has received from the City Council and the staff. Whittemore: On behalf of the Mayor and the Council we wish to thank you for the tremendous job that you have done and the efforts that you put forth over and above what you would have had to do~ to explain these problems and issues to the people. I want you to know that it is greatly appreciated by all of us. We are certainly going to miss you. Rucker: Mr. Vice-Mayor, Citizens Advisory Water Committee. Artie Williams John L. Fulton I have two appointments to He named, 422 9th Street 100 "U" Street the 394 Bakersfield, California, December ?, 1971 - Page 56 Whittemore: I would like to thank all of the people in the City who have turned out this evening and shown their interest and expressed their views to the Council. I think this is the way to see your government work. If there is anything else to come before the Council, if not I will entertain a motion to adjourn. Adjournment. There being nothing furthe~ to come before the Council, upon a motion by Councilman Thomas, the meeting was adj'ourned at 10:45 P.M. ATTEST: of the City of Bakersfield, California -1- Bakersfield, California, December 13, 1971 - Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P M. December 13, 1971. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Edward Zeigler. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore None Absent: Minutes of the regular meeting of December 6, approved as presented. Scheduled Public Statements. 1971 were Mr. Braxton Martin, chairman of the March of Dimes Sickle Cell Anemia Committee, addressed the Council stating that Sickle Cell Anemia is called the "Neglected Disease", a hereditary blood disease suffered by about two million black people as well as by Caucasians; however, the largest number of cases in the United States appear among the Negroes. Recently, $142,000,000 has been appropriated by the Federal Government to fight this disease. He has been designated to educate Bakersfield regarding this abnormal disease of the red blood cells which alter their ability to carry oxygen throughout the body. They have people willing to help, funds are available, but his biggest difficulty at the present time is getting the black people to come out and take the free test. He urged the Council to adopt a Resolution expressing support and endorsement of the efforts that are being put forth to test for this disease. Councilman Rees stated that something needs to be done and the Council should help in every way to control this disease before it reaches epidemic proportions in the United States. After Council discussion, upon a motion by Councilman Rees, the City Attorney was directed to prepare an appropriate resolution indicating Council support of the efforts of the March of Dimes and all other agencies in education and information concerning Sickle Cell Anemia and urging all citizens to cooperate in taking the Test. Councilman Heisey seconded the motion, which carried unanimously. -2- Bakersfield, California, December 13, 1971 - Page 2 Mr. Nathan Krevitz, operator of International Securities Corporation, stated this since he was informed that he is part of the Downtown Business Promotion District and is forced to contribute to something which he must oppose, he has written letters and left messages for the Promotion District to contact him so that they could get together and discuss this but he has never heard from them in any way. He sent each member of the Council a letter, the original of which was directed to the Downtown Business Association, which stated that it is illegal for him to enter into any promotion of any kind unless the National Association of Securities Dealers approves. He has a federallicense and a is in jeopardy, as before any allowed to participate in any state license and his one in the securities promotions, they must federal license business is be cleared and approved by the National Association of Securities Dealers. Therefore, he asked that he not be included in the Downtown Business Promotion District. Councilman Heisey moved that the matter be referred to the City Attorney for evaluation. Mr. Hoagland stated he could give the Council an answer this evening. Under State Statutory authority, the City Council created a Business Promotion District, which as tar as Mr. Krevitz is concerned, is entirely involuntary on his part to pay the license taxes for participation in this promotion district, and was the decision of the majority of the people in the area and the City Council. Mr. Krevitz is in no different position than any other person who is prohibited from advertising in the area, including attorneys and doctors. To his knowledge, no one has ever made the claim that the payment of taxes would jeopartize their license. Mr. Krevitz stated that if it in the City Attorney's opinion his license wouldn't be in jeopardy, he will take it up with the National Association of Secttries Dealers and impart this information to them. Miss Lora Stratta, activities director at Cal State, Bakersl- field, thanked the Council for getting their basketball program started and presented each member of the Council and the Mayor with to compli- mentary season passes to the Roadrunner basketball games scheduled to be played in the Civic Auditorium. 3 Bakersfield, California, December 13, 1971 - Page 3 Correspondence. Notification was received from Mr. A. G. Geib, District Manager of the Kern Mosquito Abatement District, that the two-year term of George H. Barnett as member of the Kern Mosquito Abatement District Board of Trustees will expire December 31, 1971, and upon a motion by Councilman Rees, seconded by Councilman Bleecker, Mr. Barnett was re-appointed to the Board of Trustees for a two-year term expiring December 31. 1973. Upon a motion by Councilman Rucker, communication from Mr Wayne Culver commending the Council and the Parks Department for the high level of service rendered to thousands of Bakersfield children and adults at Jefferson Park, was received and ordered placed on file. Upon a motion by Councilman Heisey, communication from Kern County Taxpayers Association endorsing the Council's recent expression of intent to reduce the tax rate for the next fiscal year by not less than fifty cents and offering to assist and participate construcfively to review phases of the City's pending budget, was received and ordered placed on file. Council Statements. Councilman Bleecker inquired of Director of Public Works Jing whose responsibility it was to maintain the parkway adjacent to the property on the west side of South "H" Street south of Brundage Lane, as the grass is unkempt and presents a very bad appearance. Mr. Jing replied that it is the responsibility of the property owner. Councilman Bleecker asked whose responsibility it was to mow the grass between the chain link fence and the street on the other side of South "H" Street adjacent to the canal, and Mr. Jing stated the City has an agreement to treat this grass with chemicals, particularly on the outside and under the fence, but in- side the fence is the responsibility of the Canal Company. The junction of the fence is a joint responsibility. Councilman Bleecker suggested that Public Works do something about the unsightly appearance of this area and Mr. Jing stated they would take care of it. 4 Bakersfield, California, December 13, 1971 - Page 4 Mayor Hart announced this appointments to the Citizens Advisory Water Committee as follows: James Antonious 3908 Fairmount Lawton Powers 2412 Elm Street Hugh Sill 1809 Beech Street Consent Calendar. The following items were listed on the Consetn Calendar: (a)Allowance of Claims Nos. 1692 to 1770, inclusive, in amount of $20,158.23 (b) Acceptance of Work and Notice of Completion of Contract No. 54-71 for Paving and Improving White Lane between South "H" Street and Pontiac Street (a) and (b) vote: Rucker, Thomas, Upon a motion by Councilman Medders, Items of the Consent Calendar were adopted by the following Councilmen Bleecker, Heisey, Medders, Rees, Whittemore Ayes: Noes: None Absent: None Deferred Business. Upon a motion by Councilman Rees, Ordinance No. 1984 New Series of the Council of the City of Bakersfield amending the Bakers.- field Municipal Code by repealing Chapter 8.48 and substituting in lieu thereof a new Chapter 8.48, providing for the Collection, Removal, and Disposal of Refuse and establishing a direct charge therefor, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees Noes: Absent: Budget Councilmen None Rucker, Thomas, Whittemore Approval of Budget Incrases. It was moved by Councilman Medders, that'the following Incrases be approved: 5 Bakersfield, California, December 13, 1971 - Page 5 To amend the 1971-72 Finance Budget in accordance with the new Refuse Ordinance: Full-time Office Clerk Full-time Cashier-Receptionist 1/2 Time Tax & License Auditor Employee benefits Postage and supplies Miscellaneous Services Automobile Rent Automatic Letter Opener 3 Office Desks 4 Secretary chairs Desk Calculator Cash Receipting Machine Total $4,464 1,347 951 624 6,071 500 255 325 475 196 650 85O Less amount previously budgeted 13,063 To amend the 1971-72 Data Processing Budget in accordance with New Refuse Ordinance: Full-time Computer Operator Full-time Keypunch Operator Overtime for original set up Employee benefits Forms & Supplies Equipment Rental increase Five card file cabinets/locks Less amount previously budgeted $5,014 2,245 1,260 752 1,929 210 1,500 6,734 6,176 To amend the 1971-72 Equipment Replacement Budget in accor- dance with the new Refuse Ordinance: One trade-in auto:to be held for the Use of a field tax & license Auditor in the Finance Dept. $1,200. To amend the 1971-72 Public Works Budgets in accordance with the new Refuse Ordinance: Part-time Clerk Typist Materials for counters & partitions in Finance Dept. Repair parts & tires for used auto added to fleet $2,584 1,000 395 Councilman Medders' motion carried by the following roll call Vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Thomas, Whittemore Noes: Councilman Rucker Absent: None 6 Bakersfield, California, December 13, 1971 - Page 6 Approval of Joint Powers Agreement between the City of Bakersfield and County of Kern for development of Multi-purpose Neighborhood Facility. Upon a motion by Councilman Rucker, Joint Powers Agreement between City of Bakersfield and County of Kern providing terms and conditions for financial contribution by the County of Kern for the development of a Multi-purpose Neighborhood Facility, was approved and the Mayor was authorized to execute same. Adoption of Resolution No. 89-71 of the Council of the City of Bakersfield approving and providing for the execution of proposed Neighborhood Facilities Grant Contract with H. U. D. Upon a motion by Councilman Rucker, Resolution No. 89-71 of the Council of the City of Bakersfield approving and providing the execution of proposed Neighborhood Facilities Grant Contract with H.U.D., was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None First reading of An Ordinance of the Council of the City of Bakersfield adding Chapter 17.51 to the Municipal Code (Zoning Regulations) establishing a Planned Unit Development Zone and providing Regulations therefor deferred for one month. At this time an Ordinance of the Council of the City of Bakersfield adding Chapter 17.51 to the Municipal Code (Zoning Regulations) establishing a Planned Unit Development Zone and Providing Regulations therefor, was submitted for first reading. Councilman Thomas asked Planning Director Scealesif this ordinance was drawin in response to his suggestion to give consideration to the Contra-Costa ordinance. Mr. Sceales stated that it was. Councilman Thomas asked Mr. Sceales to refer back to the Minutes as he wanted the basis of the ordinance to be of an R-1 density, and he can't see where it is referred to in the proposed ordinance, it is very vague to him. Bakersfield, California, December 13, 1071 - Page he doesn't remember the request if there was an R-1 density, there Mr. Sceales replied that for an R-1 density, he feels that would be no reason for the ordinance. Councilman Bleecker stated that he had read the proposed Planned Unit Development ordinance over rapidly and it would seem to him it would allow a unit development which could be in violation of a number of city ordinances regarding density, etc., in fact the violation of the ordinance is inherent in the plan. He thinks that each Councilman would wish to read the proposed ordinance very carefully before it is adopted, as there are a number of things in it which have not been permitted previously in spot zoning and re- zoning of certain areas, etc. Mr. Bergen commented that no action is required on this ordinance next week, if there is any reason that the Council wishes to defer it, there is no problem. He invited any Councilman who has questions or comments on this ordinance to call the Planning Department for a clarification of any points. Councilman Thomas stated that when he proposed it initially, he very carefully pointed out to the staff that he wanted an R-1 den- sity, and he therefore moved that the ordinance be returned to the staff to research the Minutes and come up with a better ordinance. The way it is written now, is in no way an interpretation of his request. Mr. Bergen stated that there have been several people involv- ed in drafting this ordinance, the Attorney's office the Planning Director, and others, and he believes they were trying to carry out the directives of the Council. If there are specific areas which are not satisfactory, they can go into it again and see why it was changed. There are many principles involved here. Councilman Thomas changed his motion to defer the first reading of the Ordinance for one month to give him time to confer with the staff and other Council members and analyze it in further detail. This motion carried unanimously. 7 7 Bakersfield, California, December 13, 1971 - Page 8 Claim for personal injuries, compensatory Damages and Punitive Damages from Robert Lee Chafin, referred to the City Attorney. Upon a motion by Councilman Whittemore claim for Personal Injuries, Compensatory Damages and Punitive Damages from Robert Lee Chafin, was referred to the City Attorney. Report from Water and City Growth Committee Re donation of Kern City Golf Course to the City of Bakersfield by the Stockdale Development Corporation. Councilman Heisey, chairman of the Water and City Growth Committee, stated that the committee had considered proposal of the STockdale Development Corporation to donate the Kern City Golf Course and shopping center located in southwest Bakersfield to the City of Bakersfield. The committee requested the staff to submit a budget for the proposed annexation of this area which includes 164 acres of land, The Golf Course Pro Shop, maintenance shop and other buildings located on the golf course. The budget figures not only show the cost of operating the golf course but also the expected revenue from this operation. Councilman Heisey stated that this will not be a potential moneymaker for the City but hoefully, it could be brought to the point where it would at least be a break-even proposition. He stated that a Municipal Golf Course would be a very fine thing for City. He then asked Mr. Melvin Jans, Executive Vice-President of the Stockdale Development Corporation, to make a presentation. Mr. Jans read a letter from Stockdale Development Corporation submitting The proposal to donate the Kern City Golf Course to the City of Bakersfield, stating that this corporation wishes to accomplish the donation prior to December 31, 1971; therefore, would request That the City Council indicate its decision as to acceptance of this golf course by Tuesday, December 21, 1971. Councilman Heisey asked the staff to place this item on the agenda for consideration at next Monday's Council meeting in order lo permit the Council to study the matter in the meantime. Bakersfield, California, December 13, 1971 - Page 9 Mr. Bergen explained the figures which the staff had submitted covering a budget request for the operation of the Kern City Golf Course. He pointed out that the annexation of this area could not be completed earlier than April 1, 1972. He stated that the staff felt it was its obligation to evaluate this offer from a financial standpoint and to submit an actual operating budget to the Council. A preliminary draft of the conditions of the transfer will be mailed with the agenda packet on Thursday. Probably the most significant condition is that the residents of Kern City are to be allowed a preferentih120% discount from the published green fees. Mayor Hart asked Mr. Jans if the golf course was originally part of the attractive package offered to the purchasers of homes in Kern City. He is wondering what the Real Estate Commission would have to say about this exchange of priorities. Mr. Jans replied in the negative. Councilman Bleecker commented that in scanning the figures submitted by Mr. Bergen, he did not see any notation regarding the amount the City would lose in tax revenue. Councilman Heisey stated he looked into this and as he recalled it, the City's share of the taxes amounted to about $1,000 a year. Councilman.Bleecker stated the loss of this tax would be the same as a cost to the City. He doesn't see why the City wants to get into the golf course business. He asked if these figures were comparable to what it costs the County to operate its golf course. Mr. Bergen stated that these figures were comparable with the cost to Stockdale Development Corporation for its present operation of this course and also to those of this report is exactly what to operate this golf course. are not understated either. the County, and the cost estimate shown on the City Council would be asked to budget These figures are not inflated, but they 9 l0 Bakersfield, California, December 13, 1971 - Page 9 Councilman Bleecker asked Mr. Bergen why the City would want to take this golf course off the tax rolls and operate it, even recreation for the citizens of Bakersfield and at the present time it does not provide a municipal golf course. If a time element problem regarding the acceptance of this donation had not been present, it would probably have stayed in Committee for a longer period of title in order to evaluate the offer. Councilman Bleecker asked Mr. Jans why Stockdale Development Corporation wanted to donate the golf course to the City. Mr. Jans stated this his company is not in the recreation business, their prime business is land development. They cannot devote any amount of management time to the operation of this one small facility. The potential of the golf course as income or a profit producing facility is not very great. His company feels that it would be an asset to the City, they want it to remain as a golf course and therefore, are offering it to the City. However, they have no intention o'f with- drawing it from use as a golf course. Mayor Hart asked Mr. Jans what would happen if the Council did not make its decision by the deadline established by his company. Mr. Jans stated they are approaching a new year with the necessity to enter into a new contract. They now operate the golf course under a management contract and would have to enter into a new contract for a period of a minimum of two years. If the City does not see fit to accept the facility, they will continue to operate it as a golf course and enter into whatever agreement is necessary to do so. Councilman Rees commented that he was pleased the Council has engaged in discussion on this matter and expressed opinions on the operation of the golf course. He has evaluated this matter as best he could with what information he had on hand. Stockdale Development Corporation apparently has a corporate objective, possibly tax-wise, in disposing of this property, along with the objectives that Mr. Jans mentioned that this does not fit into their operation. Bakersfield, California, December 13, 1971 - Page 11 The staff has assimilated information and figures which would indicate that this facility could be operated at very nearly a break-even point, compared with city parks and the Civic Auditorium, which are not operated at a break-even point. If this golf course can be operated for the benefit of a great number of citizens and if the shopping center can be annexed in the package deal, the proposi- tion is worth serious consideration between now and Next Monday night. Councilman Medders remarked that the City is a non-profit corporation and has a number of facilities which it is now operating in the red. If the City acquires another property and can't seem to make it go, can it be returned, can it be sold. Is it necessary to take it whether the City needs it or not. Mr. Bergen stated the answer to that is "no." One of the conditions is that the City operate it at least until 1991. Councilman Heisey stated the Auditorium-Recreation Committee will hold a meeting this Thursday and the Committee will have a chance to study it and come back with a recommendation for next Monday Night. Councilman Bleecker observed that Councilman Rees made a number of good comments; now, anyone can use it. be provided to play golf however, this golf course is a public course He doesn't see where any more places would than there are now, whether the City owned it or not. He stated he would like to know exactly what the taxes are on this property and would like to be informed on this before next Monday's meeting. Councilman Thomas stated that Gary Rawn of Kero tv 23, would like to speak to the Council. Mr. Rawn stated he would like to dis- cuss a problem which had apparently arisen this evening. The City Manager has just indicated to him that certain members of the Council object to the location of the television cameras used for filming the Council meetings, and have stated that the cameras are too loud. In behalf of the press corps present this evening, he stated that they find it very objectionable and hard to understand this attitude. The lights may be too bright and the cameras noisy, but this is one of the prices the Council members have to pay for sitting where they do. It is the price of fame. It is the duty of the press to attend the meetings every Monday night to see what the Council does is not Bakersfield, California, December 13, 1971 - Page 12 presented to the public as a b~n~h' of garbage and to keep the Council in line. That's why they want to stay where they are at the present time. They want to cooperate with theCouncil in every way possible, but do not feel that they should be intimidated into moving their cameras. He asked Mr. Bergen which Council member indicated to him that the press should move their equipment cameras. Mayor Hart commented that it is the prerogative of the chair to question Mr. Bergen who stated that he thinks the question is out of line and he declined to point out which Councilman complained to him. He has had many complaints from the audience regarding the hot lights and noise, and he want to state very clearly that the City administration, with the approval of the City Council, has done everything possible to provide jacks, extension cords, platforms and other facilities for. the press and TV, so that they can cover the Council meetings as efficiently and comfortably as possible. Councilman Bleecker stated he was not one of the Councilmen who complained; however, he would like to say that Mr. Rawn's remark about the Council dealing in garbage is out of line. This Council is responsible enough to conduct city business whether the press is here or not. The Council welcomes the news media here, hopefully, they will always be here, but he feels that they are making a lot out of nothing. Mayor Hart commented that the Council doesn't owe Mr. Rawn any explanation, he is an employee of the news media. The Council is anxious to please the press and has installed every facility for its convenience, however, the Council members will express themselves as they see fit. Councilman Heisey stated he did not know there was a problem but whether the news media is present or not, he is sure the business: of the city will be transacted just the same. This is a public corporation and as such, the news media should be present to make its report to the public. Councilman Medders stated that one night the noise was so greated that he could not hear the Council discussion to cast his vote on it and he had complained to the City Manager. Bakersfield, California, December 13, 1971 - Page 13 Mr. Rawn stated that if the Council has a complaint, they will try to rectify it and are willing to work with the Council and do as good a job as they can; however, he did not wish to have com- plaints made to him by innuendo. Councilman Rucker stated he had not made a complaint and was not aware of any problem. The press is very important and he thanked the news media for being present at the Council meetings for the benefit of those people who cannot attend the meetings. Councilman Rees stated he was not implying by innuendo, or otherwise, that he had a complaint. He soes not think it is inappropriate for the press to register its feelings regarding this matter as the press is an important function to the Council's meet- ing since the public relies on the press to learn what goes on at the meetings. Councilman Whittemore stated that the press sometimes gets a little noisy but often it is necessary in order to get into the spirit of the Council meeting. The press should have the best van- tage point as it has a job to do, the same as the Council. Mr. Rawn stated that what touched this off was when the City Manager told him that the electrical outlets would not be available for their equipment and they would be discouraged from attending the meeting unless they moved. Mr. Bergen commented that he wanted to take direct exception to the statement that there was any inference by him that press cove:c- age would not be permitted in the Council Chambers. There was uo in- ference made that facilities would not be provided and continue to be provided, but they would be provided in a manner to allow the best coverage and permit the Council to transact its business without any undue interference. Mr. Dan Masters, representing KBAK-TV 29, stated his prima~zy concern over this whole issue was not so much that they were going to be moved, but of the problems which would crop up if they were moved. If they were changed to the location proposed by the City Manager, it would be impossible to get a direct shot of the person speaking from the podium, what they would be getting is a head shot. The audio 14 Bakersfield, California, December 13, 1971 - Page 14 and newspapers make no sound whatsoever, use no lights and get their message across. But it is definitely necessary for TV cameras to use bright lights to reach an acceptable level light reading. If there is any alternate proposal, they will be willing to accept it. After additional discussion, Mayor Hart suggested that he meet with Mr. Bergen and representatives of both television stations solution that will be acceptable to everyone to reach an equitable concerned. Hearings. This is the time set when any and all persons interested in Report and Assessment List for Demolishing and Removing Dangerous Buildings and having any objections to said Report and Assessment and List, or to any other matter or thing relating thereto, may appear and be heard. Mayor Hart declared the hearing open for public parficipation. No protests or objections being received, the public hearing was closed for Council deliberationsand action. Upon a motion by Councilman Whittemore, Resolution No. 87-71 confirming the Assessment of certain property located in the City of Bakersfield upon which Dangerous Buildings have been demolished and removed, was adopted by the follow- ing 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 Whirremote, the meeting was adjourned at MA akersfield, ATTEST: C~~k' ~c~lerk of the Council of the City of Bakersfield, California Cali of S~-~ia Bakersfield, California, December 20, 1971 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., December 20, 1971. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Howard Campbell of the Y. M. C. A. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Rees, Thomas, Whittemore Absent: Councilman Medders Minutes of the regular meeting of December 13, approved as presented. Rucker, 1971 were Scheduled Public Statements. Mr. George Nickel asked for permission to address the regarding the Kern County Water Agency's proposal versus Council the Nickel plan for importation of supplemental water to Urban Bakersfield. Mayor Hart asked the City Attorney if this was the proper place for the presentation. Mr. Hoagland stated that the City, by resolution, has granted consent to the inclusion of its land in the Urban Bakers- field Improvement District contemplated by the Kern County Water Agency. Any change in that position would mean a change by the City Council as.a whole tonight,.as the Kern County Water Agency will hold its final meeting on the formation of the Urban Bakers- field Improvement District tomorrow evening at 7:30 P.M. To allay the fears that have been expressed, the plan contemplated by the Agency has certain flexibility, which means that if any specific part of that project is unnecessary, or other specifics in the plan can be accomplished at a savings, those alternatives which are built into the project may be either deferred or even discon- tinued. With that, he feels Mr. Nickel's presentation could be of interest to the Council. Mr. Nickel stated that he is appearing as a private citizen and as a resident of Urban Bakersfield in the Stockdale area. He passed out copies of his presentation to the members of the Council Bakersfield, California, December 20, 1971 - Page 2 and invited the Council to sample water, both treated and untreated, which he had brought with him in containers. He proceeded to com- pare the Walter Schulz proposal for water for Urban Bakersfield with his program and offered the following specific suggestions for consideration by the Council: 1. Rescind the endorsement of the Schulz 10/71 program. Adopt a new resolution approving formation of an recommended spreading grounds between Buena Vista Road and Enose Lane. ae Acquire the approximate 2,000 acres of Nickel recommended spreading grounds between Buena Vista Road and Enose Lane. Install a well field in the spreading grounds to supply at least an amount of water equal to the annual aqueduct allo- cation to Urban Bakersfield. Build a pipeline system from the well field large enough to not only accommo- date North-of-the-River District and East Niles, but all other areas of Urban Bakersfield requiring supplemental water. Call for maximum water exchanges with Kern River interests on a 2 for 1 basis as long as this is possible. The Kern River interests will be required to pick up the variable charges on the extra cost to Urban Bakersfield over its existing annual Agency obligation. ee Build the Cross Valley Canal along the south side of the Kern River to Buena Vista Road. Put off consideration of a Cross Valley Extension until there is a better justi- fication for it than now exists. As an example, it is not known at this time if Cawelo Water District will even partici- pate in the cost of the proposed Cross Valley Canal Extension so long as reasonable water exchanges are possible with Kern River interests. Require that North-of-the-River District and East Niles pay a realistic price for imported well water rather than a price far below cost for treated water. He pointed out the monetary gain and stated that the Nickel program actually brings water and not just huge expenses to Urban Bakersfield. Bakersfield, California, December 20, 1971 - Page 3 17 Councilman Heisey stated he appreciated Mr. Nickel bringing his figures to the Council, as it is a good idea to have them a day ahead of time for evaluation prior to the hearing which will be held tomorrow night. At that time the figures will be rebutted in great detail. He pointed out that the figures con- tinually referred to as being costs for Urban Bakersfield are not entirely for the City of Bakersfield, but will be borne by the Greater Bakersfield Metropolitan Area. He invited Mr. Tom Stetson, the City Consultant, to comment on Mr. Nickel's program. Mr. Stetson stated the George Nickel plan is not a complete plan, Mr. Nickel has been comparing apples with oranges. His program would spread water.west of the Urban-Bakersfield Area outside of the Improvement District. There are existing wells and existing water systems within the Improvement District and those are the wells to be supplied with imported water. Mr. Nickel's water spread would benefit the agricultural area west of the district but it would not benefit the wells in the Urban area. To recover spread water in a 2,000 acre area as suggested by Mr. Nickel would be muclh less efficient than recovering the same quantity of water spread within the Urban area where there are about 30,000 acres overlying the ground water basin. Very briefly, that is his primary criticism of the George Nickel plan, it is a concept, but it is not a complete plan, and he is not comparing the proper items. Mr. Owen Goodman, Chapter Chairman of the Kern County Unit of the March of Dimes, JUdge John Jellitich, Gary Friedman, Mr. Ralph Hughes, Co-Chairman of the Sickel Sell Anemia Committee of the March of Dimes, were present at this meeting in connection with Resolution of the Council of the City of Bakersfield supporting the efforts to educate the public concerning Sickle Cell Anemia and urging citizens to cooperate in testing for the disease, which was read into the record by Councilman Bleecker. Upon a motion by Councilman Rees, Resolution No. 90-71 was adopted as read by the following vote: Ayes: Noes: Absent: Councilmen Bleecker, Heisey, Rees, Rucker, Thomas, Whittemore None Councilman Medders Bakersfield, California, December 20, 1971 - Page 4 Mayor Hart stated that Councilman Rucker and he will be happy to deliver the Resolution to the Sickle Cell Anemia Committee. Correspondence. Upon a motion by Councilman Thomas, communication from Bruce Hart Armstrong, President of the West High School Ecology Club, requesting the construction of a bicycle path to West High School was received, ordered placed on file, and referred to the Traffic Authority for study and recommendation. Council Statements. Councilman Rees read a communication addressed to the Greater Bakersfield Chamber of Commerce~ from Mr. Harold Shaw, TOurnament Manager of the Golden State Regional Contract Bridge Tournament recently held in the Civic Auditorium, stating that the Auditorium is an excellent facility and commending Mr. Charles P. Graviss and his highly competent staff for the cooperation and excellent treatment the players received. Councilman Whittemore appointed Mr. John A. Fox, 1820 Los Robles, as a member of the Citizens Advisory Water Committee. Reports. Councilman Bleecker, Chairman of the Business Development and Parking Committee, read a report on the subject of Amendments to the Ordinance relating to Business License Tax, stating that during the past few weeks this Committee and staff have met to discuss amendments to the Business License Tax Ordinance which would specifically add classes for (1) Oil Wells; (2) Administrative Offices, and (3) Storage and Warehousing Businesses. The staff has also proposed technical changes to facilitate the administration of the Business License Tax and drafted an Administrative Rule and Regulation to comply with recent.court rulings. At the time the present Business License Tax Ordinance was enacted, there were no oil wells within the City of Bakersfield. However, as a result of recent annexation of land containing a number of producing oil wells, the staff has proposed an addition to the present Business License Tax Ordinance to include such oil wells. The rates proposed are consistent in their relationship with the other rates in the present Business License Tax Ordinance. Bakersfield, California, December 20, 1971 - Page 5 The staff has also proposed an addition to the present ordinance to. include administrative offices and storage and ware- housing facilities. Many of the local businesses who would be affected were contacted to discuss this proposed addition to the ordinance. The proposed rates are consistent in their relationship with the other rates in the present Business License Tax Ordinance and are in line with what is presently being charged by other cities contacted by the staff. The staff has proposed and drafted an Administrative Rule and Regulation to comply with recent court rulings that exempt all or a portion of gross receipts from sales of merchandise delivered outside the City. The Committee has reviewed the proposed amendments to the Business License Tax Ordinance and the Administrative Rule and Regulations as proposed by the staff, and as they appear to be reasonable and equitable, recommends adoption of this report and that the attached ordinance be considered given first reading. Councilman Bleecker then moved adoption of the Report. Councilman Heisey asked the staff if the proposal to amend the present Business License Tax Ordinance to include administrative offices and storage and warehousing facilities would be collected from companies who had not previously been taxed by the City. Finance Director Haynes stated that they are not certain how much revenue will be collected or who will be included until the ordinance is effective. City Attorney Hoagland commente,~ that in answer to Councilman Heisey's question, the answer is "yes"', these are businesses which have not been subject to business licenses prior hereto, businesses that escape other taxes. Councilman Whittemore commented that thought should be given to investigating many other businesses which come into Bakers- field, use all the facilities of the City, transact their business and leave without paying a Business License Tax. He cited insurance adjusters as an example. Mr. Hoagland stated that he doesn't doubt there are a number of people transacting business within the City who do not pay a Business License Tax; however, insurance companies are exempt under a constitutional provision. Bakersfield, California, December 20, 1971 - Page 6 After additional Bleecker's motion to adopt Consent Calendar. The following items were listed on (a) Allowance of Claims Nos. 1771 to 1898, inclusive, in amount of $107,816.34. (b) Application for an Encroachment Permit from Bank of America. discussion, vote taken on Councilman the Report, carried unanimously. the Consent Calendar: not particularly con-- front end loader, He feels the Committee should submit a recommendation so thai they will know they are doing the right thing. Councilman Rees asked if this was not a budgeted item. To what extent has the Council considered this? City Manager to maintain them. Councilman Heisey stated that he is cerned with the rear end loaders but with the which is a somewhat new and expensive venture. Upon a motion by Councilman Bleecker, Items (a) and (b) of the Consent Calendar were adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Thomas, Whittemore Noes: None Absent: Councilman Medders Action on Bids. It was moved by Councilman Rucker to accept low bid of Gaskin Service Company for three Refuse Packers, sell surplus units to East Bay Sanitation Co., Inc., and reject all other bids. Councilman Heisey offered a substitute motion that this matter be referred to the Governmental Efficiency and Personnel Committee for study and evaluation. He questioned whether the City needs another front end loader and if it is possible to get along without it this budget year, he feels this should be done. City Manager Bergen stated this has been discussed on several occasions. Originally, Public Works intended to ask for four Refuse Packers, as one of the problems encountered in pur- chasing this type of equipment is the length of time involved for delivery. In fact they have just received the packers ordered last year. At the present time they do not have sufficient trucks Bakersfield, California, December 20, 1971 - Page 7 Bergen explained the process for evaluating and justifying the need for this equipment prior to and during budget sessions and stated this is an excellent bid and an urgent need does exist. Councilman Thomas pointed out thaf this item had been listed in the Administrative Report for at least three weeks prior to the time it was advertised for bid, and he feels the Council has had plenty of time to be aware that bids would be submitted to the Council. Councilman Bleecker commented that with the institution of the new Refuse Ordinance, there are a number of businesses in town who might find it eheaper and more convenient to have the number of pickups reduced, which would determine the need for addi- riohal equipment. Councilman Finance Director can probably aspect of the matter before a Heisey agreed, stating that the give the Committee figures on this final decision is reached. Councilman Whirremote stated that he was going to support Councilman Heisey's motion because he feels that there possibly could be a reduced need for this type of packer. Also, the City might explore the possibilify of side loaders as being more economical than the rear loaders. It has always puzzled him if the City's equipment is in such bad shape, why other sanitation companies are eager to buy the City's surplus equipment. He feels the Council should take a good look at this purchase to see if it might not be feasible to cut some of it out of the budget. Vote taken on Councilman Heisey's substitute motion to refer the matter to the Governmental Efficiency and Personnel Com- mittee, carried unanimously. Councilman Thomas stated he was not opposed to deferring action on this bid, he merely wanted to point out thai the Council had plenty of advance information on the purchase of the equipment.. Upon a motion by Councilman Rees, .low bid of Start-Rite Stationers for Annual Contract Office Supplies was accepted, all other bids were rejected and the Mayor was authorized to execute the contract. ~ Bakersfield, California, December 20, 1971 - Page 8 Upon a motion by Councilman Rucker, low bid of Kern Rock Company for Annual Contract Select Road Material was accepted, all other bids~were rejected, and the Mayor was authorized to execu.te the contract. Upon a motion by Councilman Bleecker, low bid of Griffith Co. for Annual Contract Type "B" Asphalt Concrete was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. After discussion, upon a motion by Councilman Heisey, bid of O. B. Nuzum Tire Service for Annual Contract Automotive Tires and Tubes was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Deferred Business. This was the time set to further consider offer of Stock.- dale DevelopmentCorporation to donate to the City of Bakersfield the Kern City Golf Course which is located in Southwest Bakersfield. This offer includes 164 acres of land, the Golf Course Pro Shop, maintenanc~ shop and other facilities located on the golf course, together with other improvements and all existing.machinery and equipment utilized for the maintenance of the course. Councilman Heisey stated that for two years he had been hoping the time would come when St'ockdale Development Corporation would offer this golf course to the City of Bakersfield, and that the dayswould arrive when all of Kern City would seek to annex to the City. Therefore, it is with a great deal of reluctance that he finds himself opposed to the acceptance of this valuable recreation facility. Many major cities operate golf courses, how- ever, it would be a deficit operation for the City at this time, and he does not believe the Council would be justified in accepting this gift, in view of the fact that they have just charged the people of the City $2.00 a month for refuse pickup in order to make up a deficit in the budget. He hopes that at some future date, Stockdale Development Corporation will come back to the City with this same offer, or something similar, but in view of the present economic situation, he does not feel the Council should accept this gift at this time. '23 Bakersfield, California, December 20, 1971 - Page 9 Councilman Bleecker stated he wanted to point out to the Council certain thoughts he had after reading the contract. He asked if the City can legally contract to and discriminately reduce green fees by 20% in order to benefit a small segment of the popula- tion, i.e., Kern City residents, particularly when this group does not reside within the boundaries of the City. It is his understanding that the golf course is to be given to the City and annexed but that the surrounding residents would not necessarily be annexed except upon their own volition. This is a fine gesture, but he doesn't see how the City of Bakersfield as owners of a golf course, can even legally permit reduction of fees for any particular group. Also, keeping in mind that one of the main sources of income for a golf course, whether it is public or private, is the rental of self- propelled golf carts, can the City limit the free use of privately owned carts to Kern City residents and deny other citizens the same privilege? Why remove this parcel from the tax rolls at an annual current loss of $10,614.98 in taxes to the City and County taxpayers, and admittedly operate /he golf course at an estimated additional loss of $12,000.00 per annum? What change could possibly benefit the residents of metropolitan Bakersfield as whether publicly owned or privately owned, this will still be a public golf course as it is now, with each and every citizen having the right to pay if they want to play. Is it wise to annex 164 acres of land completely surrounded by a County residential area and at the City taxpayers' expense maintain this acreage as a golf course for the primary use of non- City residents who live in homes surrounding the course. It is his understanding that the Planning Commission has advised that this acreage is in accordance with the General Plan, he would think that any open space acquisition would fit in with the Plan. It would appear to him, however, that the Planning Commission should have Bakersfield, California, December 20, 1971 - Page 10 studied the feasibility and the economics of this offer, particularly in light of the questions which he has enumerated. He stated he would either support' Councilman Heisey's motion, if he made one, or would move that the issue be'referred to the Planning Commission for study and recommendation. Councilman Heisey stated he waiting to see what the other members hadn't made a motion, he was of the Council had to offer. Councilman Bleecker stated he would reserve his motion until after Council comment. Councilman Rees asked if the City Attorney wished to answer Councilman Bleecker's questions. Mr. Hoagland stated that in his estimation, this reduction in fees for those people who had prior dealings with the Kern City Golf Course is valid as part of the consideration for the offer. If the City had installed its own golf course and charged fees, then it would not be valid, as it would be discriminatory, one class against another. When this reduction in fees is considered as part of the contract, it becomes a part of the consideration for taking the golf course. The same holds true for the use of private golf carts. Mr. Bergen stated that the City does provide recreation facilities and a program to many segments of the City residents and taxpayers, and most of them are not self-supporting, Golf is a facility the City does not provide. In the overall context, the staff does feel that it will be beneficial to the City, as the City of Fresno operates two golf courses, the City of Sacramento operates five. It is not a unique thing for a City to operate a golf course. Councilman Rees asked permission for a constituent of his, Mr. Eugene Sanders, to address the Council. Mr. Sanders stated he had come'to the meeting in order to help the Council decide on this issue,.he does business with many agencies regarding golf courses. 'He stated he would be happy to spend some time with the City people and contact people who are in the same business in order to get City people acquainted with their experience in this field. Councilman Whittemore stated he made every attempt durin~ the past week to talk to different people in the community to see Bakersfield, California, December 20, 1971 -Page 11 what their reaction was regarding acceptance of this golf course, and surprisingly enough, everyone he talked to was in favor of it. For several reasons he is in favor of it. The City is always looking for industry, and one of the prime things which industry looks for in a community, is recreation. There are many things which come before even the tax rate of the City, and as it has been pointed out, the City of Bakersfield has a fine recreation program for the young people, but none for the adults. If this golf course were given more publicity and promoted, there would be much more partici- pation and it could make money for the City. Councilman Heisey asked Mr. Jans if it wasn't conceivable that if the Council does not accept this gift this year, that Stock- dale Development Corporation might possibly offer it to the Council at some future time. Mr. Jans stated that it is certainly possible, however, he can't indicate whether it will or not. If the City does not proceed with this gift, they will enter into certain arrangements and continue to operate the golf course themselves, which would be for some period of time. Councilman Thomas to its maximum at this time. asked if the Golf Course was being used Mr. Jans stated that was hard to say:. but as far as he can tell, it is not operating at full capacity. Councilman Thomas stated it had been brought out by Councilman Heisey that the County is going to raise its green fees. Council- man Heisey stated he had said the County is considering it. Council- man Thomas commented that if the fees were raised, it would bring this course up more to capacity and help offset the $12,000.00 a year loss in operation. Councilman Heisey commented that he has heard it is already the second busiest golf course in Kern County, and it is doubtful it would get much buster in relation to the other golf courses. Mr. Bergen stated that it is his underst'anding that the County has evaluated it, but they are not going to raise fees at this time. About 48,000 rounds of golf are played. on this course a year. Both the cities of .Fresno and Sacramento operate golf Bakersfield, California, December 20, 1971 - Page 12 courses at an bookkeeping is done. on the operation of figures. overall profit. However, that depends on how the The budget figures submitted to the Council the Kern City Golf Course are true and realistic Adoption of Resolution No. 90-71 of the Council of the City of Bakersfield deleting a Council meeting in the month of December, 1971. Upon a motion by Councilman Rucker, Resolution No. 90-71 of the Council of the City of Bakersfield deleting Council meeting of December 27, 1971, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Thomas, Whirremote Noes: None Absent: Councilman Medders Petition from Wilson Call requesting extension of Parking Mall referred to the Traffic Authority. Upon a motion by Councilman Whittemore, petition from Wilson Call requesting extension of the Parking Mall was referred to the Traffic Authority for study and recommendation. Approval of Joint Exercise of Powers Agreement between City of Bakersfield and County of Kern for operation of Traffic Signals at the intersection of Chester Lane and Oak Street. Upon a motion by Councilman Whittemore, Joint Exercise of Powers Agreement between the City of Bakersfield and the County of Kern for maintenance and share of costs for operation of the Traffic Signals at the intersection of Chester Lane and Oak Street, was approved and the Mayor was authorized to execute same. Council. Councilman Heisey then made a motion that the City Council, with reluctance, refuse the gracious offer of the Stockdale Develop- meat Corporation to donate the Kern City Golf Course to the City o:f Bakersfield. Vote taken on the motion resulted in a tie as follows: Ayes: Councilmen Bleecker, Heisey, Rucker Noes: Councilmen Rees, Thomas, Whittemore Absent: Councilman Medders Pursuant to Section 14 of the City Charter which provides that the Mayor shall have the right to vote when the vote of the Council results in a tie, Mayor Hart voted Aye, and the offer of the Stockdale Development Corporation was not accepted by the City Bakersfield, California, December 20, 1971 - Page 13 Councilman Whittemore asked the City Manager and the Director of Public Works to conduct a traffic survey at the inter- section of Wilson Road and Hughes Lane to determine if the traffic has reached the point to warrant a traffic signal at this inter- section. Hearings. This is the time set to consider application by Frank Morgantint to amend the Zoning Boundaries from an R-1 (Single Family Dwelling) Zone to an R-2 (Limited Multiple Faimly Dwelling) Zone on that certain property commonly known as 1718 and 1715 Hendricks Lane. This hearing has been duly advertised and posted and no written protests have.been filed in the City Clerk's office. This zoning application has been reviewed by the Planning Commission at a public hearing. The original request included fou:~ lots (not in the applicant's ownership) that would make a logical zoning boundary. Since the filing of the application, two ot these property owners have objected to the zone change and requested they not be included in the application. A petition signed by sixteen property owners within 300 feet radius was filed in opposition to the granting of said application. At the public hearing, three of those present who were against this zone change, did not object to the Morgantini's property being rezoned R-2, but were against the inclusion of the other parcels. It was felt that R-2 zoning would be a logical buffer and transition between the existing R-4 and R-1 properties. The Planning Commission recommended approval of the Morgantint parcel (1715 Hendricks Lane) being rezoned tO R-2-D and the remaining parcels te remain R-! zoning. Mayor Hart declared the hearing open for public partici- pation and asked those persons in favor of the rezoning to address the Council. Eugene Prehoda, owner of the Shady Manor Convalescent Hospital, which is immediately to the east of subject property, stated they feel that the zone change and the resultant developmenl of the property will be of great benetit to the hospital. The fences that are proposed will shut off noise from motorcycles and the young people who live back of the hospital. It will be of immeasureable benefit to his patients and the hospital. He voiced his approval of the zoning change and urged that it be allowed. Bakersfield, California, December 20, 1971 - Page 14 Gar McIndoe with Hardt Real Estate andConstruction whose firm has contracted with Mr. and Mrs. Morgantint to build a duplex on their property, addressed the Council, stating that they have evaluated the particular plot of land on which they would like to build a duplex, as it would not be economically feasible to build single family residences in this area. A duplex would be an asset to this area due to the high density of property to the east of the Morgantini's property. This property would also be a logical buffer zone for the property to the west. Mayor Hart asked if there were persons in the audience who wished to speak in opposition to the.rezoning. Mr. Herschel Brown, Mr. J. Leroy Berkshire and Mr. Leo Huston voiced their opposition, stating that there are already too many apartments in the area and a parking problem as tenants do not use the inside parking, the traffic is congested, and it will decrease the value of their property. Mayor Hart tion and action. Councilman Whirremote stated that this has been a bone of contention for many weeks. The people who reside in the area at the present time have a legitimate complaint, as the streets are too narrow for the high density. In order to abate the dust in that area, the property can be posted and then the Police Department can step in and issue citations to those motorcycle riders who are causing the dust problem. If it is rezoned to R-2, that developer can change his plans at any time. There is a tremendous traffic hazard at that intersection and someone can be seriously hurt. He is not going to support anything that will increase the density at that point. Councilman Whirremote then~moved adoption of Zoning Resolution No. 234 denying application to change the land use zoning of that certain property in the City of Bakersfield commonly closed the public hearing for Council delibera- Bakersfield, California, December 20, 1971 - Page 15 known RS roll call vote: Ayes: Noes: Absent: 1715 Hendricks Lane. This motion carried by the following Councilmen Bleecker, Heisey, Whittemore Council, upon a motion by Councilman adjourned at 10:10 P. M. Rees, Rucker, Thomas, None Councilman Medders Adjournment. There being no further business to come before the Heisey, the meeting was ? MAYOR~y~e/ Cilty of akersfield, ATTEST: an of the Council of the City of Bakersfield, California Calif.