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HomeMy WebLinkAboutOCT - DEC 1970Bakersfield, California, October 5, 1970 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., October 5, 1970. In the absence of Mayor Hart, Vice-Mayor Stiern called the meefing to order followed by the Pledge of Allegiance and Invocation by Councilman Walter Heisey. The City Clerk called the roll as follows: Present: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Absent: Mayor Hart Minutes of the regular meeting of September 28, 1970 were approved as presented. Service Pin Awards. At this time Vice-Mayor presented Service Pins to the following employees: William G. Brown, Park Superintendent, who completed 30 years of service with the City of Bakersfield on September 9, 1970. Oral Highman, Street Foreman, who completed 25 years of service with the City of Bakers- field on July 23~ 1970. Council Statements. At this time Councilman Whittemore made the following statement. The Bakersfield Californian has been running a series of articles exploring and attempting to explain the problems of the Bakersfield Municipal Transit System. They have published interviews with individuals, including Mr. Chitwood, Manager of the Transit System~ Milton Miller, Supervisor of the Fifth District~ several members of the City Council and Congressman Bob Mathias. It appears that everyone except members of the Council is attempting fo place the blame for not receiving federal funds, for our buses on the City Council. It was erroneously reported in one article that Council- man Heisey is the Bakersfield representative on the Kern County Council of Governments. We do not have a Council of Governments as yet and the organization referred to is still called the Kern County Regional Area Planning Advisory Committee. The Bakersfield 48 Bakersfield, California, October 5, 1970 - Page 2 City Council appointed me as our representative when this agency was formed several years ago. It is composed of one elected official from each City, either the Mayor or a Council member plus one member from the Board of Supervisors. This agency originally received official recognition from the Department of Housing and Urban Development as the agency to review all applications for federal funds within the County of Kern. Several grants were approved under this agency before recognition was withdrawn by HUD. We were informed we would be required to hire an independent staff for the agency before we could process any further applications. Some members of KERPAC, including myself, met with Congressman Bob Mathias to get his assistance in solving this problem. He was unable to do anything about it at that time. Through the Chairman of KERPAC, who is Mayor James Riley of California City, we appealed to the Board of Supervisors to fund the independent staff from the general fund of the County, since City residents as well as County residents pay taxes into this fund. The Board first insisted that the Board of Supervisors be appointed the reviewing agency with the Kern County Planning Department as the staff. The eleven incorporated cities pointed out the Mayor and Council members are more familiar with the problems of their cities than the Board of Supervisors, and that the Board with their apparent work load could not properly represent the cities. Furthermore we are not willing to turn the future of the cities over to the Board of Supervisors nor are we willing to have the County Planning Department do the future planning for our cities. The decision to fund or not is the decision of the Board of Super- visors; this has been the place we are stalled as far as establishing an independent staff, and this is the reason our transit applica- tion has not been acted upon. The responsibility rests solely with the Board of Supervisors. I think the cities have been held in suspense long enough. We have a number of federal applications which could be approved; we can't get into the pipeline of the HUD money until we do have recognition from HUD. The City of Tehachapi is running 49 Bakersfield, California, October 5, 1970 - Page 3 out of water; their application is bogged down for the same reason. The Lamont area is out of water in certain areas and their appli- cation is bogged down. It is vital and very important to the cities that we act now. I think every Council member has expressed the thought that it is necessary for the City of Bakersfield to have public transportation if we are to grow, but we are unwilling to make the citizens and the taxpayers of the City of Bakersfield fund the entire project when we serve the metropolitan area. To create an independent staff wouldn't cost the taxpayers any more money than it would housing it in the Kern County Planning Department. Councilman Stiern stated he thought the problem of delay on the part of the Board of Supervisors is caused to a large degree by the fact the County is operating under a General Law County rather than a Chartered County. The Supervisors make many decisions that could be made by County staff members. Councilman Heisey said the answer is obvious; the Transit System should be financed by a district encompassing Greater Bakers- field, not just the City Limits. Councilman Heisey asked the staff who was responsible for replacing a portion of fence that has been torn out along the canal on the north side of Lake Street just east of Haley Street. Mr. Jing, Director of Public Works, stated the canal company does the repair work and the City pays for a portion of it. Mr. Jing said he would look into the matter. Upon a motion by Councilman Vetter, Mr. Michael Sceales was appointed as a member of the Miscellaneous Departments Civil Service Board for an unexpired term to expire December 31, 1973. Reports. Councilman Rucker, Chairman of the Auditorium and Recreation Committee, read the following report on the subject of Submission of Phase II, California Avenue Neighborhood Facility, to the Housing and Urban Development Office. 5O Bakersfield, California, October 5, 1970 - Page 4 As you know the City of Bakersfield submitted an appli- cation to the Office of Housing and Urban Development for federal funds to construct a Neighborhood Facility in California Avenue Park. This application was accepted in April of this year and funds totaling $322,500 were set aside by the Federal Government for this project. At the time of acceptance the City was instructed to complete the following requirements. A. Hire an Architect. B. Appoint a Citizen's Advisory Committee. C. Make preliminary plans and specifications for the building. D. Submit a second phase application to HUD by October 8th of this year. Since last April the City has completed all of those requirements and is now ready to submit Phase II to the HUD Office. Recently the Auditorium-Recreation Committee met with the City Staff and the City's appointed Architect, Leonard Schroeder, and went over the plans and specifications for this facility. According to our Architect the total anticipated project develop- ment cost for this building will be $483,469, which is within the amount appropriated by the Federal Government. The City of Bakers.- field and the County of Kern. This Committee feels that the plans at this time are complete and appropriate. The Committee recommends approve the submission of Phase II Urban Development. that the City Council tonight to the Office of Housing and Councilman Rucker moved for the adoption of the report. Dr. Stiern asked Mr. Bergen if the matter of local financing and proportion of the County-City share had ever been settled, as it was left up in the air at one time. Mr. Bergen said nothing more has developed since adoption of the budget. The Board of Supervisors the indication that they would fund that ment of this, but I am just assuming and budgeted $40,000, with amount. There is no agreE,- I think everybody is 51 Bakersfield, California, October 5, 1970 - Page 5 assuming that they will participate in the project. Dr. Stiern stated they budgeted half of their total share in this year's budget and the presumption is that they will budget the other half next year. Mr. Bergen said I'm not sure what the final figures are, but I will check. Mr. Heisey asked if we budgeted half of our total share. Mr. Bergen stated he believed we budgeted all of our total share. Councilman Heisey asked the staff if it was their recom- mendation that we are at the point to proceed as outlined in the report. Mr. Bergen said that the Council Committee has met several times. We have budgeted $40,000, but have not made any comments. Councilman Rucker stated this is the only alternative we have. I think the Council is almost forced to file the Phase II Report with HUD so they can go ahead and process the application. I think this is the only way to get these funds is through the Phase II Report. Councilman Bleecker commented that in the next to the last paragraph of the report it states the total anticipated project development cost will be $483,469, which is within the amount appropriated by the Federal Government, the City of Bakersfield and the County of Kern. I think that this might be a little bit erroneous in that the County is not appropriating what we felt was their share of this project. The Federal Government seems reason- ably responsible in this matter and I think the City of Bakersfield is,but the County has only appropriated half of their obligation. Councilman Whittemore said we are operating in good faith; the City of Bakersfield has budgeted their funds, the Federal Government has committed its funds and I think now it is up to the Board of Supervisors to commit their funds. Bakersfield, California, October 5, 1970 - Page 6 Mr. Bergen stated the basic cost of the project, speaking in round figures is $480,000, one third of this, $160,000, would be matched by the local community, by the City and/or County. The City of Bakersfield wrote a letter to the Board of Supervisors with the statement that we were going to construct the building, and accept the maintenance and operation cost. It was the City's request that three-fourths, or $120,000, of the construction cost be paid by the County. The City of Bakersfield budgeted their $40,000, which we assumed was our full share. The City would accept the maintenance and operation of the building which would be a continuing cost. The County just budgeted $40,000; they didn't make a statement whether they were going to budget $60,000, or if they were going to budget the other $60,000, next year or the $80,000, so the place it sits now is the City of Bakersfield has budgeted $40,000, and the County of Kern $40,000. If that is the basis that we're going to continue on, then the County would budget $40,000 next year and the City $40,000, but then maybe the County should contribute to the maintenance and operation of the building. After we adopt this Phase II Report, the City will probably, within 30 days, receive a contract for the construction of the building. This is the point of no return. At the time you approve this agreement you would be committed to construct the building. Councilman Bleecker asked when that would be and Mr. Bergen answered probably within 30 days from the October 8th date, which is the deadline for Phase II. Councilman Heisey asked if that would give sufficient time to get clarification on what the County's intentions are. Mr. Bergen said I don't know whether we can get a clarification from the County. Councilman Bleecker said we have no indication from the County except they budgeted $40,000. He said he would hate to see the project go down the drain and I'm sure Mr. Rucker would too. I think the County should be told what our position is and we 53 Bakersfield, California, October 5, 1970 - Page 7 expect them to come up with a certain number of dollars, otherwise. the City will have to make a reappraisal of the whole project. Vote was then taken on Councilman Rucker's motion to adopt the report for submission of Phase II, California Avenue Neighborhood Facility, to Housing and Urban Development Office, which carried unanimously. Councilman Bleecker then moved that the facts and figures the City Manager presented be put in letter form to the County of Kern; that they be made to know, in no uncertain terms, that the City expects them to pay what is universally thought to be their share of this project, and that they make some indication to us promptly and without delay as to their intentions. Mr. Bergen suggested that it might be more proper if you would ask the Committee to meet with the County Committee first and then follow up with a letter; maybe you could work out some of these differences. Councilman Bleecker said that might be They know what we feel their responsibility is. man, will have to make a reappraisal of the whole project, as to whether or not I will vote for continued funds. To have the City and County meeting one more time is fine with me, but sooner or later, there has to be a cutting off point; I think we have reached it. Dr. Stiern stated he remembered at the time this project was initially proposed, there was a great.deal of speech making by people who thought it was a marvelous idea and how much it.was needed by the children of the community. They thought it was a wonderful idea until it came time to budget the necessary funds to make it a reality, and then it became another one of those decisions that has been postponed. At this time Councilman Bleecker withdrew his motion and consented to a prompt meeting between the Committee and the Board of Supervisors. a good suggestion. I, for one Council[- 54 Bakersfield, California, October 5, 1970 - Page 8 Councilman Rucker asked Mr. with the Board of Supervisors the matter could be discussed recommendation. Reception of report submitted Chief, and J. A. Olsson, Chief Building Bergen to set up a meeting at their earliest convenience, so and returned to the Council with a by R. S. Paddock, Fire Inspector, on all hotels and apartments in the City of Bakersfield, three or more stories in height, regarding compliance with regulations requiring effective fire separation between floors. Chief Paddock stated to date they have not received any report from the Los Angeles Fire Department regarding the Ponet Square Hotel fire in Los Angeles last month. Councilman Stiern, who requested the report, asked Chief Paddock to keep in contact with the Los Angeles Fire Deparfment and if they have any recommendations to make, regarding fire regulations, to submit them to the City Council. Mr. Bergen gave a brief report on the status of the Fire Alarm Operators. He stated a vacancy has occurred for a communications operator with the Police Department. The three girls in the Fire Department were requested for an interview last week; two of the girls were interviewed; one of the girls was not interested. Of the two girls interviewed, Virginia Turner was offered the position and she has accepted it. The transfer has not been effected but will take place this week. The primary reason for the delay is we need to revise the Fire Department Retirement Ordinance which requires any person who leaves the service to withdraw their pension fund. It was the intent of the Committee and Staff to recommend that a modification be made in the ordinance so that a person retiring or leaving the service of the Fire Department could leave their funds in for retirement. We have a letter to our Actuary, requesting the implications this would have on the system and I hope to report on that within the next month to the Council. 55 Bakersfield, California, October 5, 1970 - Page 9 Business Downtown Councilman Rees read the following report from the Development and Parking Committee on the subject of the Parking Mall: At the September 30, 1970 meeting of the Business Development and Parking Committee, a report was submitted by Police Chief Towle recommending the creation of a downtown parking mall. This request was prepared by the Traffic Authority in an attempt to provide needed parking facilities and stimulate business in the downtown business section of Bakersfield. The Police Chief's report, if implemented, will make one-way streets out of 19th and 20th and Eye Street and "K" Street within the service area. The service area, as recommended, will initially cover the area between "H" Street on the west, "L" Street on the east, 21st on the north, and 18th Street on the south. Eye Street will become a one-way street going south within that area; "K" will become a one-way street going north; 19th Street will permit eastbound traffic only within that traffic area and 20th Street will have westbound traffic only. In addition to these one-way streets, barricades will be located in appropriate locations as described within the report. Angle parking will be authorized within the area, and all street parking meters will be removed. This proposed program will increase parking space 100% within that area. One 36- minute space will be placed at the end of each block and two 36-minute spaces will be placed in the middle of each block for customers who are in a hurry. The remaining spaces will be for 2-hour periods of time. Customers will be permitted to cross streets without the need of going to the end of the block for such purposes. It is estimated that the loss in parking meter revenues will be approximately $37,000 for the remainder of this year; therefore, it will be necessary to transfer $37,000 from the City Council's Unapplied Appropriation Account No. 11-510-6100 to the Appropriations Restricted for Loss of Revenue Previously Anticipated Account No. 11-$10-6000. Increased assessed valuation of the affected stores, and a reduc- tion in the number of vacant stores within the Bakersfield downtown area could very well result in the near future. The reduced number of parking meters will enable the two Police Department employees who currently service parking meters to be assigned to other duties within the depart- ment. To implement this program, the City will also have to transfer $5,000 from the City Council's Contingency Reserve to purchase the necessary traffic signs, barricades, and other related items. $3,000 of this will be necessary to purchase barricades and $2,000 to purchase the necessary signs for the Police Department. Bakersfield, California, October 5, 1970 - Page 10 The Downtown Businessmen's Association has indicated to this Committee and the Traffic Authority their enthusiastic support of this proposal. RECOMMENDATION It is the recommendation of the Business Development and Parking Committee that the report be approved as submitted by the Police Chief, that the necessary ordinances be adopted to implement the recommendations contained here- in, and that $42,000 be transferred from the City Council's Contingency Reserve with $37,000 going to Account No. 11-510-6000, $3,000 to Account No. 11-660-1100 for barricades, and $2,000 to Account No. 11-622-1200 for the purchase of traffic signs. Councilman Heisey stated that credit is certainly due Chief Deem and and they spent the credit for Captain Price; that is, primarily, their brainchild long hours working it out. They certainly deserve initiating this movement, which I think is a very progressive one. Councilman Vetter asked if it was the intent to have all parking meters removed from the downtown area or on the particular streets that were mentioned. Mr. Bergen stated all the parking meters except in the parking lots. Councilman Vetter also asked if there were parking meters on some streets that aren't involved in the one-way streets and asked what the parking limit would be. parking. Mr. Bergen replied probably 2 hour parking and 36 minute Mr. George Exzonatos, Chairman of the Parking and Traffic Committee for the Downtown Business Association, addressed the Council stating he had been on this committee for several years. It has been interesting to see the various plans and also the millions of dollars that some of them would involve to bring about a major change in downtown. I certainly thank Chief Deem, Captain Price and Chief Towle for developing a plan that has been carried out with such little expense. I think the program can be implemented Bakersfield, California, October 5, 1970 - Page 11 and will have a greater impact than any program we instituted in downtown in the last 20 years. I can assure you that you have the full endorsement of the Downtown Business Association and I urge the Council to implement this program just as rapidly as possible. I think it is the greatest thing that has happened to downtown Bakersfield. Councilman Bleecker stated these changes certainly are destined to help downtown. I think it is a real move in the right direction. Councilman Vetter said he would like to compliment the Police Department, Committee Members and members of the Downtown Business Association, for their plan. My one question is approxi- mately how long will this take to complete. Mr. Bergen explained an Emergency Ordinance has been prepared for adoption by the Council tonight, which means we plan to have this in operation within 30 days. Councilman Rucker stated he hoped this will be successful in getting people back to shop downtown. Upon a motion by Councilman Rees the Downtown Parking Mall Report was approved unanimously and authorization was granted for transfer of funds for this project. After further discussion, upon a motion by Councilman Rees, Ordinance No. 1888 New Series, amending Title 11 of the Municipal Code and adding Chapter ll.l? entitled "Parking Mall," was adopted by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: None Allowance of Claims. Upon a motion by Councilman Bleecker, Vouchers Nos. 10?0 inclusive, in the amount of $32,744.81, as audited by the and authorization was to 1145 Voucher Approval Committee, were allowed, granted for payment of same. Bakersfield, California, October 5, 1970 - Page 12 Body and Lift for rejected. Action on Bids. Upon a motion by Councilman Rucker, low bid of Service Equipment Company to furnish a One Ton Truck with Aerial the Fire Department was accepted and all other bids were Upon a motion by Councilman Heisey, low bid of Ray Gaskin Service to furnish 2 - 30 Cubic Yard Refuse Packer Trucks and bid of Bay Cities Refuse Service, Inc. for sale of surplus units were accepted and all other bids were rejected. Adoption of Resolution of Intention No. 860 of the Council of the City of Bakersfield declaring its inten- tion to order the vacation of a Public Utilities Easement on line between Lots 7, 8, and 55 of Tract 1001, City of Bakersfield. Councilman Bleecker asked for clarification of this Resolution of Intention. Director of Public Works Jing stated, this is an easement that is not being used and the request for the vacation was made by Karpe Real Estate. This Tract is on Pierce Road north of Gulf Street. The easement was originally for power, gas and water lines and is not now being used, but with an easement they can't build over it, thus they are requesting that the easement be abandoned. We have contacted the utility companies asking whether or not they want the easement reserved, and they do not. Upon a motion by Councilman Heisey, Resolution of Inten- tion No. 860 of the Council of the City of Bakersfield declaring its intention to order the vacation of a Public Utilities Easement on line between Lots 7, 8 and 55 of Tract 1001, City of Bakersfield, and setting the date of October 19, 1970 for hearing before the Council, Ayes: Noes: was adopted by the following roll call vote: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore None Absent: None 59 Bakersfield, California, October 5, 1970 - Page 13 Encroachment Permit granted W. A. Thompson to enclose and use portion of "O" Street between ATSF main line and spur tracks. Councilman Rucker asked if in the future the Auditorium would need this particular land for parking, storage, etc. Mr. Jing stated that the encroachment can be revoked at any time, upon notice by the Council. Councilman Stiern asked if the action that is proposed would allow the applicant to use the property but would not return it to his ownership. Mr. Jing stated that is just an encroachment and he would not be permitted to build on it, but he can fence it off and use it for storage. Councilman Whirremote asked if the City would have to pay any damages if they decided to use the property for parking for the Auditorium. Mr. Jing stated the Encroachment Permit is subject to revocation at anytime, upon notification. Councilman Bleecker stated we could have avoided a lot of discussion if that had been included in the agenda, along with a map,etc. In the future anything in my Ward I would like to have a map that I can look over prior to Council meeting and the proposed use of any properties that the City is going to turn over to somebody else, even for an interim period of time. Councilman Whirremote stated several weeks ago we referred this to the Citizens Auditorium Advisory Committee for study and report to the Council, now were bypassing that report of the Committee by granting the Encroachment Permit. Auditorium Manager Graviss stated the Committee hadn't met as yet, but will be meeting next week. Councilman Bleecker asked if this was referred to the Citizens Auditorium Advisory Committee for study and recommendation. Mr. Bergen replied, about three weeks ago there was a hearing on the abandonment of this street. At that time Councilman Whirremote indicated this area had been considered for expansion of the Civic Bakersfield, California, October 5, 1970 - Page 14 Auditorium uses. The Council specifically asked that no action be taken on the abandonment of this street prior to report from the Auditorium Committee. The Administration's feeling was that an Encroachment Permit doesn't give any right to the adjacent property owner except to use the street on a day to day basis. The City Manager then read the restrictions of an Encroachment Permit. Councilman Heisey asked if there was any time limit on this permit. Mr. Bergen said no, but there is a revocation clause in the permit. Upon a motion by Councilman Bleecker~ Encroachment Permit was granted W. A. Thompson~ to enclose and use portion of "O" Street between ATSF main line and spur tracks. Acceptance of Work and Mayor authorized to execute Notice o£ Completion for Contract No. 55-70 for Construction of Storm Drain in New Stine Road. Upon a motion by Councilman Vetter, the Work was accepted and the Mayor was authorized to execute the Notice of Completion for Contract No. 55-70 for Construction of Storm Drain in New Stine Road. Acceptance of Grant Deed from William N. and Eleanor R. McMillan for street widening right-of-way at the southeast corner of Stine Road and Ming Avenue. Upon a motion by Councilman Vetter, Grant Deed from William N. and Eleanor R. McMillan for street widening right-of- way at the southeast corner of Stine Road and Ming Avenue, was accepted. Acceptance of Work and Mayor authorized to execute Notice of Completion for Con- tract No. 64-70 for Construction of Storm Drains in Cypress Street, Verde Street~ South "K" Street~ Lakeview Avenue and California Avenue. Councilman Vetter stated he was not satisfied with the work or completion of work, north of Brundage Lane on Cypress Street and rather large area on Verde Street east o£ Oak Street. 61 Bakersfield, California, October 5, 1970 - Page 15 Mr. Jing stated that they would see those streets are repaired before final payment is made, which isn't due until 35 days after the Notice of Completion. Councilman Stiern stated he thinks the condition of the street is deplorable. It looks to me that if the street is going to be put back into satisfactory condition it should be resurfaced. I don't think the patch that was put in is adequate, traffic has pounded it down to a condition that is unacceptable. Mr. Jing stated some of the cuts are utility cuts, which would not be a part of the contractor's work. If we included the total resurfacing of the street as part of the contract the City would be penalized. If the street is in such a poor condition, the Street Maintenance Division will resurface the whole street, but to include the resurfacing of the total street, as part of the contract, would penalize the City. Councilman Vetter asked whether the utility company should resurface the portion which they cut. Mr. Jing said yes. Councilman Vetter said they didn't do it before the contractor came in, because obviously the cuts the utility company are making are across the street (lateral). Then the utility company comes in after the contractor has completed his work and finishes those lateral cuts. Mr. Jing replied, that's correct. Then what control do we have over them, because that's principally the part Councilman Stiern refers to, on Verde Street east of Oak Street, there's a place there that's 3½ feet wide and 6 feet across that's 4 inches lower than the street. Mr. Jing stated that they will repair those because they have a bond to patch and repair any cuts that they make in the City. The Contractor has repaired and resurfaced property; it is the utility cuts that we're talking about now. Councilman Vetter asked if it couldn't be deferred for two weeks until Mr. Jing checks with the utility company and the contractor to make certain they repair that street. 62 Bakersfield, California, October 5, 1970 - Page 16 Councilman Heisey stated he has observed W. M. Lyles Company's contracting for a long time and knows something of the caliber of work they do; they are a fine and responsible organi- zation. I'm sure if Mr. Jing says they have completed what their contract calls for, they have completed it in a workmanlike manner. Those laterals that are cut after they lay down their main line are someone else's responsibility, not the contractor's. To with-. hold progress money on a job because we are unhappy with someone else's work is a grave injustice. They need their money to keep their organization going; they have completed their job and they have a right to be paid. Councilman Stiern stated, notwithstanding the reputation of the company, I think their performance, in this particular instance, is less than standard and I think that there are a lot of householders, who use that street, that will agree. Their past performance is fine and I don't want to take away from their reputation; however, I want that street put back in good condition. Councilman Heisey stated, if the street needs to be resurfaced it's the City's responsibility, not the Contractor's. Mr. Jing stated, the holes that need patching are those of the utility company and are not part of the work for which the contractor is responsible. Councilman Vetter stated, the people in that area don't care if it's the City, the Contractor or the utility company's responsibility to fix the street, approve the Acceptance of Work. would be to have the street back it should be done before we I think the proper thing to do in shape, and if its the respon- sibility of the City to see that the utilities do their job, then we'd better get that job done. Councilman Rees stated, conceivably our treatment of W. M. Lyles Company would have some effect on getting good bids, in the future, from this company or any other company that learns of our reputation for holding up funds. Bakersfield, California, October 5, 1970 - Page Mr. Jing stated, if those chuckholes are not repaired by the utility company within two weeks Public Works will do it and charge them. Councilman Heisey suggested that Public Works resurface the streets so they are smooth. After further discussion, upon a motion by Councilman Heisey~ the Work was accepted and the Mayor was authorized to execute the Notice of Completion for Contract No. 64-70 for Con- struction of Storm Drains in Cypress Street, Verde Street, South "K" Street, Lakeview Avenue and California Avenue. Councilman Stiern voted in favor of the motion with the stipulation that the repair work be done within two weeks. Councilman Vetter voted in the negative on this motion. Approval of Plans and Specifications for Construction of Slumpstone Masonry Walls at International Square, Sumner and Jackson Streets west of Baker Street. Upon a motion by Councilman Heisey, Plans and Specifi- cations were approved~ and the Finance Director was authorized to advertise for bids for construction of Slumpstone Masonry Walls at International Square, Sumner and Jackson Streets west of Baker Street. Approval of Plans and Specifications for Paving of 42nd Street (West Columbus Street) between Chester Avenue and Union Avenue. Councilman Bleecker asked how much was budgeted for this project. Mr. Jing stated, we have $170,000 budgeted for the entire project and our work will be well within that amount. Councilman Bleecker asked if this was a portion of the whole project. Mr. Jing replied this is the paving, our share is $36,000. Councilman Heisey asked who pays the remainder. Mr. Jing replied the property owners abutting the property. Bakersfield, California, October 5, 1970 - Page 18 Upon a motion by Councilman Bleecker, Plans and Specifi-- cartons were approved, and the Finance Director was authorized to advertise for bids for paving of 42nd Street between Chester Avenue and Union Avenue. Council (West Columbus Street) Hearings. This is the time set for public hearing before the on Resolution of Intention No. 859 of the Council of the City of Bakersfield declaring its intention to order the vacation of the alley in Tract No. 1001, City of Bakersfield. This area has been duly posted and no written protests were filed in the City Clerk's Office. Request for vacation was initiated by the Public Works Department. Alley is located near Pierce Road between Gulf and Getty Streets. Vice-Mayor Stiern declared the hearing open for public participalion. Mr. Kish, whose place of business is on Getty Street adjacent to this alley, vacation of the alley, but he and the blocking of the alley, stated he wasn't opposing this is opposed to the trash and debris with trucks, by an adjacent property owner. Each time he improves his property they destroy his efforts. At this time Mr. Kish presented the Council with pictures of the damage that has been done. Councilman Heisey asked Mr. Kish if he appeared before the Board of Zoning Adjustment or Planning Commission, when this came up. Mr. Kish replied no, the notice wasn't up two hours; it was lucky he even saw it. Mr. Kish again stated he is not opposed to the closing of the alley, all he is after is keeping the road open in front of his business. Vice-Mayor Stiern closed the public hearing for Council deliberation and action. Councilman Bleecker stated he has been in touch with Mr. Kish and has been over and observed the property. Mr. Kish's 65 Bakersfield, California, October 5, 1970 - Page 19 property is that Section designated 99 (on the map), the rest of the surrounding property, Lots 94, 95, 96, 97, 98, 6, 5, 4 and 3, are owned by a Texaco Truck Service Center. In the pictures that you saw the fence comes from half way between Lots 98 and 99 and out to Mr. Kish's property line. You will notice from those pictures, also, that there's a very large trash can and piles of tires up against his property, which was called to the attention of the Fire Department by myself last week. The Fire Department sent inspectors out there and cited the owner of the larger property or for some violation of a Fire Ordinance, in that it should be kept cleaner. The owners are asking for a vacation of the alley way which is used for trucks pulling in, primarily from Gulf Street going south coming out on Getty Street then back on to Pierce Road. I have observed (at the time I was on Mr. Kish's property) that there was a truck parked beyond, on the center line of Getty Street. I have been by that property several times and observed other trucks parked in the same manner. What Mr. Kish has brought up tonight is that he would prefer that the adjacent property owners respect his rights as a businessman, and that they not park their trucks so that it would block people coming into his place of business on Lot 99. ~. Councilman Heisey asked if they enter his property from Getty Street and Councilman Bleecker replied from Getty Street only. Councilman Bleecker stated Mr. Kish painted his fence and adjacent to his property, near the street, was the biggest mess you have ever seen in your life. I am not going to accuse anybody of anything, Mr. Kish has already done that, but it appears to me that the people who own this property are making it hard on him on purpose. I would like to see somthing done about it, if it takes a Police Officer on the corner for a whole week straight, so that Mr. Kish can have all the rights to his property that he is allowed under the law. Bakersfield, California, October 5, 1970 - Page 20 Councilman Whittemore stated that this problem was brought to the Council's attention several years ago and we were told that some of these trucks, which are parked in the middle of the street, are being serviced or repaired by the attendants in the truck stop, they are pulled out intentionally to get them off the lot. Somewhere along the line there are enough Ordinances to stop this nonsense and get the people to respect the property rights of another businessman. After further discussion, Councilman Bleecker stated, I want something done about it. What I'm saying is, that if the City wants to be callous on something like this, I think this can be worked out a lot better than calling the Police Department two or three times a day. If these people are using this alley and they are not supposed to and they want to continue to use it legally, and continue to block Mr. Kish's property, I will vote no on this measure. If that doesn't get some action I don't know what will. Councilman Bleecker moved that the Resolution ordering the vacation of the alley in Tract No. 1001 be denied. Director of Public Works Jing stated the request for the closing of the alley was by the Department of Public Works so that it could be put back on the tax rolls. They are using this property without paying taxes on it. After further discussion Councilman Bleecker withdrew his previous motion and moved that the public portion of the hearing be closed, and the determination be held over for two weeks and the City Attorney was instructed to advise the Council of the legality of parking trucks in the alley as it now exists. This motion carried unanimously. This is the time set for public hearing on Appeal by Ira Fendrick to the decision of the Board of Zoning Adjustment granting her application for a Conditional Use Permit of an R-1 (Single Family Dwelling) Zone to permit the operation and Bakersfield, California, October 5, 1970 - Page 21 maintenance of a Day Care Nursery for nine children subject to the following condition - that sidewalk be constructed to City Standards along the entire frontage of 3004 Dartmouth Street. This hearing has been duly advertised and the property posted and no protests were filed in the City Clerk's Office. At a regular meeting held September 8, 1970, the Board of Zoning Adjustment considered this application. After review and consideration, the Board approved the Conditional Use Permit subject to the following condition: Sidewalk be provided to City Standards along the entire frontage of applicant's property within three months from the date of the hearing, September 8, 1970, or cease operation of a Day Care Nursery. Vice-Mayor Stiern declared the hearing open for public participation. Mrs. Ira Fendrick stated she had letters from neighbors protesting the sidewalk, which she presented to the City Clerk. When she filled out the forms for the Conditional Use Permit it was for nine children and since that time she has learned from the Welfare Department, as of September 1, 1970, the Federal Government restriction that only six children can be kept in a Day Care Nursery with the supervision of one parent. At the hearing of the Board of Zoning Adjustment there was discussion on the fact that off-street parking for six children is two cars and the requirement for nine children in a Day Care Nursery is for three cars, but they would waive that requirement for off-street parking, for three cars, if she had a sidewalk constructed. She explained, at that time, that due to their financial situation they could not afford to build a sidewalk, even though it cost only approximately $100.00. Her husband has returned to school to finish his last year and she is expecting a baby and cannot get regular employment and this is why she wants the Day Care Nursery and would like to have the sidewalk waived, because they 6S Bakersfield, California, October 5, 1970 - Page 22 cannot afford it. The children, who are in her care, are delivered in the driveway not at the curb; parents instinctively pull in the driveway rather than at the curb in front. Mrs. Fendrick further stated she has had training in Nursery School Supervision and she is aware of the safety of the children and the sidewalk would have, no effect on these children being delivered to her home. There are very few sidewalks in the neighborhood. Councilman Stiern inquired if the Board of Zoning Adjust- ment granted you a permit to conduct your business, but placed a stipulation that you build a sidewalk, you are happy with the permit but you don't want to have to comply with the portion of their requirement which says you have to build a sidewalk. Mrs. Fendrick answered yes. Councilman Bleecker asked, with the swimming pool in the back yard, where do the children play. Mrs. Fendrick answered there is another portion of yard plus their cemented area all around the side of the house where they ride tricycles. Mrs. Fendrick stated most of the children, in her care, go to school and are only with her two or three hours per day and four are neighborhood children and are not delivered by car. City Attorney Hoagland stated he would like to clarify a point here, the size of the house and yard and the number of children under Mrs. Fendrick's care, come under another agency's jurisdiction and have no relevance on this hearing. Mrs. Fendrick stated she will be making, taking care of six children, under $200 per month, V.A. check and works part time. If sidewalk they will have to take out plus her husband receives a they are forced to build a a student loan. Councilman Stiern asked how long she planned to be in the Day Care Nursery business. Mrs. Fendrick answered just this year, the end of June. Bakersfield, California, October 5, 1970 Page 23 69 Jan Ashby who lives at 3012 Berger Street stated she is in favor of Mrs. Fendrick getting her permit and cannot see why the sidewalk is necessary to the conduct of a Day Care Nursery in this neighborhood. Vice-Mayor Stiern closed the public portion of the hearing for Council deliberation. Councilman Rees stated the only question is whether the condition is fair or not. Mrs. Fendrick's house has a large double driveway with curbs and gutters. In this particular case, I feel the sidewalk requirement is not related to the safety of the children. Councilman Rees asked Mr. Sceales if changing the limit from nine children to six children makes any difference in the attitude of the Board of Zoning Adjustment. Planning Director Sceales stated that at the last meeting of the Board of Zoning Adjustment it was the feeling of the Board that they would not require sidewalks, in any block, on a Condi- tional Use Permit for a Day Care Nursery, if it is less than 50% developed with sidewalks. In fact they just approved one at the last meeting, in a neighborhood that is without sidewalks, so I think that action speaks for itself. Councilman Heisey stated that in three and one half years on the Council the only vote he ever made that he regretted was one that happened in his Ward, that was almost an identical situation. They asked for a sidewalk and he persuaded the Council not to require the sidewalk. It was on a house on the corner of Columbus Street. I think in that case we were probably wrong. However, this is a little different situation, in view of the fact there aren't other sidewalks on this side of the street. As Mr. Sceales just pointed out, the City has just changed its policy and is not requiring sidewalks unless 50% or more of the property owners have sidewalks. In this case it is only an infinitesimally small 7O Bakersfield, California, October 5, 1970 - Page 24 percentage of the property owners who have the sidewalks and under the present ruling she would not be required to have a sidewalk. In view of this fact, I would like to move that the requirement of the sidewalk be waived and she be permitted to have her Day Care Nursery for nine children. This motion carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Upon a motion by Councilman Vetter the Council continued the regular meeting at 10:50 P.M., until Wednesday, October 7, 1970, at 7:00 P. M., at the Police Auditorium, at which time a public hearing will be held on Cable Television Company. the request of the Bakersfield Bakersfield, Calif. ATTEST: MARIAN S. IRVIN CITY CLERK and Ex-Officio Clerk of the Council of the CiTy of Bakersfield, California Bakersfield, California, October 7, 1970 7! Minutes of a continued meeting of the Council of the City of Bakersfield held in the Police Building Auditorium, at 7:00 P. M., on October 7, 1970. Mayor Hart called the meeting to order and the City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Heisey, Rees, Rucker, Stiern, Vetter Absent: Councilmen Bleecker, Whittemore Mayor Hart stated this meeting was called for the purpose of a public hearing on the request of Bakersfield Cable T.V., Inc., for an increase in rates, and said because of the possibility of conflict of interest, he was in attendance at tonight's meeting only in the capacity of the presiding officer. Mayor Hart declared the hearing open and asked for public statements from those in favor of the increase in rates. Bob King stated I am an Attorney and have been asked to represent Bakersfield Cable Television Company in the presentation of this matter. I appeared before you in January, at which time we presented the report of the associated utility services and following the submission of that, an analysis of the contents. Committee meetings were held and ultimately a second revised set of figures were submitted to you, which accomplished certain requests the Committee wanted. I think all of you are familiar with the fact that the Bakersfield Cable Television Company is operated in conjunction with the Porterville system. The original figures that we submitted to you, did not divide the operation of the two systems. However, at the Committee's request we revised this information so that you have the facts and figures relative to the operation of the Bakersfield Cable Television System only. In 1965 when the cable television system first came into being, the rate of $4.85, was adopted for the residents of the City of Bakersfield. At about the same time the County system was also put into operation and the rate was established for the County of $4.75. At the present time we are asking for a 90~ increase in the rate for the Bakersfield service or $5.75 per month. Bakersfield, California, October 7, 1970 - Page 2 The County rate has been increased from its original $4.75 per month to $5.50 per month, plus an installation fee for each new installation, which is not charged by Bakersfield Cable Television Company, nor are we requesting this charge. There are about 200 residents of the City of Bakersfield who are serviced by the County system, these being areas annexed into the City, after the franchises were let. Those City residents are now paying the $5.50 fee to the County television system. Our purpose is to maintain a quality company, operating a quality cable television service. We have had some problems with cable television in the Bakersfield system. The company has cooperated in every way to produce better service. The company has employed a man full time to handle the complaints at night, and is available on holidays and week-endsto offer emergency service. They are trying their best to present a good image, and I believe the lack of complaints that you have had, is an indication of the type of company that you are dealing with. We ask in return to be allowed sufficient money to maintain that quality of service that we know you want and have a right to demand. At this time, Mayor Hart asked if there were other persons in the audience who wished to be heard in favor of the rate increase. Being none, Mayor Hart then asked if there was anyone who wished to speak in opposition to the rate increase. Mr. Earl Sauer, 1131 Pacific Streef, stated he has had cable television ever since it came into Bakersfield. He said the reception is very poor, has been, and continues to be so. Until they can give good and dependable service, I am opposed to the granting of a rate increase. Mr. Leonard E. Martin, 3311 Union Avenue stated he did not think the television reception was as good as it could be. He felt they would be entitled to an increase in rates, if they improved the quality of their reception. Bakersfield, California, October 7, 1970 - Page 3 73 Mr. Bill Tanner, 2700 Harmony Drive, owner of Westchester Television Company and a member of the Cable Committee of the Bakers- field Radio and Television Dealer's Association addressed the Council and said he can fully appreciate the problem of inflation. However, there is no justifiable way the Council can grant an in- crease in excess of what the Board of Supervisors granted to Kern Cable Company, because they have many more miles of cable to run. When you have a compact area like the City of Bakersfield without long runs around the City, in various directions there is no way to justify the City residents having to pay more than the County residents. Mayor Hart closed the public portion of the hearing for Council deliberation and action. After Council discussion a motion was made by Councilman Rees, seconded by Councilman Stiern, that the Bakersfield Cable Television Company be granted an increase of 40~ per month for the residential monthly service; and an 8% increase for other residential and commercial charges, which carried by the following roll call vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter Noes: None Absent: Councilmen Bleecker, Whittemore Adjournment. There being no further business to come before the Council, upon a motion by Councilman Vetter, the meeting was adjourned at 8:45 P.M. ATTEST: Calif. MARIAN S. IRVIN CITY CLERK and Ex-Officio Clerk of the Council of the City of Bakersfield, California CITY CLERK'S ASSISTANT 74 Bakersfield, California, October 19, 1970 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., October 19, 1970. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Donald Swain of the Westminster Presbyterian Church. The City Clerk called the roll as follows: Present: Mayor Hart. Absent: None Minutes of the Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore regular meeting of October 5, 1970 and the continued meeting of October 7, 1970 were approved. Service Pin Award. Mayor Hart presented a service pin to Ray Lomas, Equip- ment Operator I, who completed 25 years of service with the City of Bakersfield on July 30, 1970. Scheduled Public Statements. Mrs. Frederic Lane, Environmental Quality Chairman for the League of Women Voters of Bakersfield, addressed the Council and urged support of Proposition I, the Clean Water Bond Law of 1970, which provides for a bond issue of $250 million to provide funds for water pollution control. Approval will enable the State to assume a share of the cost of sewage treatment facilities now borne primarily by cities, with some assistance from the Federal Government. Proposition I will directly benefit the City of Bakersfield as the local contribution for the construction of the Southwest Bakersfield Sewage Treatment Plant would be reduced to $200,000. Councilman Rees made a motion that the City Attorney be instructed to prepare an appropriate resolution in favor of Pro- position I, in order to inform the public of the importance of the measure. This motion carried unanimously. Councilman Stiern requested the City Attorney to secure further documentation relative to this ballot proposition for con- sideration of the issue by members of the Council. Bakersfield, California, October 19, 1970 - Page 2 75 Mrs. Dorothy Smith, who identified herself as a business and professional woman, addressed the Council, stating that it looks to her that the problem of the Fire Alarm Operators is the fact that they are females. If they had been permitted to work until their retirement, she would not have been so upset about it, but to take three women's jobs and replace them with two men at an added cost to the City of $112 a month, is not a tax-saving move- ment. The only thing it can be is discrimination against women in the Fire Station. She asked the Council what could prevent any Department Head from writing a budget to phase the women out of his department if he so desired. The women Fire Alarm Operators have done a fine job, have given the City of Bakersfield good service, and she asked how many other people would fight as hard to retain their jobs as these women have done. This is a great injustice to these women, and also to all working women of Bakersfield. She does not feel that basically discrimination against women was Chief Paddock's reason for this recommendation. He just does not believe that women belong in the Fire House. She does not think this attitude should continue in a City of this size, as the Council has a responsibility to the working women in Bakersfield. She asked the Council to think it over and reconsider its action. Mayor Hart asked Mrs. Smith if she spoke for the entire membership of the Business and Professional Women's Organization, and she replied that she is the District Legislative Chairman for the central district of the Business and Professional Clubs and was contacted by the Fire Alarm Operators for assistance in their problem. Councilman Stiern asked if the Council can assume that the local organization supports the views expressed by Mrs. Smith and she replied that it does. Councilman Stiern responded to statements by Mrs. Smith, as follows: 76 Bakersfield, California~ October 19, 1970 - Page 3 I think in this issue if a person is interested in fact and not in some kind of a smoke screen, if you are interested in how it really is, and not in some kind of distortion like we've heard, I think that we would discover that four women Fire Alarm Operators have been transferred - transferred, Mrs. Smith, to a continiung effort to further the economy of the City Government and the efficiency of the City Government. They were not fired. The recommendation to transfer them was made by a man whom I consider a capable Fire Chief, by a very cost-conscious City Manager. It was approved by the Governmental Efficiency and Personnel Committee, and it was approved by a majority of the City Council members. The four women involved were assured of continued City employment, if they are interested, at com- parable pay rates. In fact, two of them have been found other jobs already. It is my under- standing that one is to be continued in employment in the Fire Department, another is to be employed in the communication section of the Police Depart- ment. Neither job, in my estimation is a bad job. This somehow escaped the attention of all the critics we have had on this move. I can't help but think that it is rather interesting to compare the treatment, the consideration, the transfer at similar salaries that is afforded these three City employees, with a comparable situation that might happen with a reorganization in industry. In industry, people don't find you another job at a comparable salary and lean over backwards to keep you on the payroll. You're out! Contrary to all this smoke screen and distorted publicity which I think is involved by the Fire- men's Union, the women's positions are being eliminated because the jobs are in fact unnecessary. In fact I think they are rather a clear example of a featherbedding situation. I don't think that we have been told the issue, I don't think we will be told the issue as long as the Los Angeles Times takes a frivolous attitude about a Fire Chief who is reported to be a woman hater, or a Union Secretary is invited to appear on a Los Angeles television channel and present a one-sided, not a two-sided, but a one-sided statement. It is interesting that this television channel is already in trouble with the FCC for past programming practices. Governments at all levels, I think are becoming more cost conscious than they have ever been before and cities in particular are looking for ways that they can eliminate expendable positions and they are not filling other positions as they become vacant. There has been no shortage in this issue of a lot of silly talk about women haters, but I think the inescapable fact continues to remain that the Council has a rather fundamental, and some times rather unpleasant job, Mrs. Smith, that goes beyond all the pressure groups like the Firemen's Secretary, or a segment of City employees who continually complain about jobs, which are in reality pretty good jobs, or even the distortion of facts by a particular individual like this union secretary, has been doing. Bakersfield, California, October 19, 1970 - Page 4 I think beyond all these considerations we still, as a Council and as a City Government, have an obligation to continue to provide good services to the people of the City of Bakersfield and to search for every possible economy we can find. I would think that an organization such as the BPW and other organizations, would be as interested in good services and good economy as the City Council has been. Councilman Rees questioned the accuracy of Dr. Stiern's statement that the four Alarm Operators have been transferred, since it is his understanding that every effort would be made to place the individuals in comparable jobs and that this effort has been success- ful in but two instances. Manager. Councilman Stiern asked for a clarification from the City Mr. Bergen replied that one of the girls has been trans- ferred within the Fire Department and one has been transferred to the Police Department and is now working as a Communications Operator in that department. The other two girls are still working as Fire Alarm Operators in the Fire Department and no ther positions have been found for them at this time. Councilman Vetter commented that there will be an actual savings in replacing the Fire Alarm Operators by Firefighters be- cause the girl transferring to the Fire Department Administration Office will be replacing two part-time Secretaries. He asked that Mrs. Smith be furnished with this information showing that there will be an actual savings of approximately $7,000 a year. Correspondence. Upon a motion by Councilman Heisey, the resignation of Mr. Gerald H. Brock as a member of the Miscellaneous Departments Civil Service Board was accepted with regret and the Mayor was asked to send him a letter of appreciation for the services rendered to the City. Council Statements. Councilman Heisey stated that he would like the Public Works Department to arrange to paint the median islands on Mt. Vernon Avenue between Panorama Avenue to Niles Street with the Bakersfield, California, October 19, 1970 Page green paint which has been used so successfully in other areas of the City. If funds are not available in this budget for this purpose, he would like to have the money included in next year's budget. Councilman Heisey commented on the fire hazard caused in the mountains of this area by hunters, stating that he has talked with a great many people who are interested in environment, particularly with sportsmen, cattle ranchers, cabin owners, the members of the Kern County Fire Department and members of the United States Forest Service. It seems reasonable to them that rather than setting a fixed date for opening of hunting season, that in the future all hunting seasons commence after the first rains, and thai this date be proclaimed by either the governor or by the Department of Fish and Game. This year has been catas- trophic and in order to avoid accidental starting of fires by hunters and to be able to control any fires in the mountain areas, he would recommend that this action be taken. He then moved that either a Resolution or a letter written by the Mayor, whichever is appropriate, be sent to the Governor, the Department of Fish and Game, the City's Assemblymen and Senator, asking their support to change the regulations for the opening of hunting seasons by date, and that it be by proclamation after the first rain. Mr. Hoagland said he would get in touch with Mr. Ray Arnett, State Director of the Department of Fish and Game, and find out what would be necessary to change the law in that respect, and he will then inform the Mayor. Councilman Stiern stated that he felt a clarification should be made of Councilman Heisey's motion. Mr. Arnett would be asked to determine when the opening date should be in relation to fire safety conditions in the mountains of California regardless of whether it has rained or not. Councilman Heisey commented that fire hazards exist primarily in Kern County and south to San Diego, as other parts of the State receive sufficient rain to ward off any danger. In these particular areas he feels that it is most important to wait until the fire hazard is over before opening the hunting season. 7 9 Bakersfield, California, October 19, 1970 - Page 6 Vote was taken on Councilman Heisey's motion which carried with Councilmen Bleecker and Whittemore voting in the negative. Reports. City Manager Bergen reported that a communication had been received from the League of California Cities, advising that the Resolution adopted by the Bakersfield City Council relating to the penalties for the sale of drugs had been received in the Sacramento office early in April and there is no question about it being included in the packet of resolutions to be considered at the League Conference. He stated he will call the League and find out when this Resolution will be considered by the Resolutions Committee and notify the Councilmen. Mr. Bergen read the following report on the subject of History of Employee Turnover during the period of January 1, 1960 to October l, 1970. This report has been prepared in response to a request from Councilman Stiern for data comparing appointments, resignations, terminations, retire- ments, and deaths within the Police, Fire, Public Works and other City Departments during the last ten years. Review and analysis of the attached table, as well as the report submitted by Chief Paddock~ reveals that Fire Department employees in general, are much more likely to stay with the department until retiring than members of the Police Department, Public Works Department and other departments of the City. Job satisfaction is a subjective factor and impossible to measure within any department, but it would seem by the low turnover rate within the Fire Department that the employees are reasonably content with con- ditions or they would look for other jobs. It should be noted that there has not been an increase in the turnover rate since Paddock has been appointed Fire Chief. Bakersfield is a typical California City, in that there are vacancies in the Police Department and long waiting lines for Firefighting jobs. Valid conclusions as such are impossible to draw without knowing the real feelings of all of the men within the different City departments, but based on turn- over data and recruitment factors, two tentative conclusions can be reached: (1) Members of the Fire Department are more likely to make a career of the employment with the City than any other group of City employees. (2) Entry level positions are considerably easier to fill in the Fire Depart- ment than any other department. Bakersfield, California, October 19, 1970 - Page ? Councilman Whittemore asked the City Manager if when he compiled the figures in the report, he took into consideration lateral transfers within the Police Department with other cities. Mr. Bergen answered that lateral transfers to other cities are considered the same as a resignation. Upon a motion by Councilman Bleecker the report was received and ordered placed on file. Councilman Vetter stated that he felt it would be appropriate to review, very briefly, in light of comments that have been made about the Fire Department having such terrible working conditions, the reasons why the 69 people listed in the report have left the department in the last ten years; such as how many retired, how many moved out of the City, etc. Mr. Bergen said that Chief Paddock's summary which was attached to his report, outlined this information but he had not read it because it was somewhat of a personal nature. Councilman Stiern stated that he feels it is very com- plete, part of it is confidential, and that everything has been covered as far as he is concerned. Mr. Bergen advised that these statistics were gathered from the various Civil Service Commissions and the records of the Personnel Department, with some general conclusions. Councilman Stiern commented that he would assume another report would be forthcoming from the City Manager, as at the time this report was requested, the Council discussed Workmen's Compen- sation problems that the City might have in relation to other Cities, whether the percentties there are as they should be. Mr. Bergen stated they are making a fairly in-depth study at the present time of Workmen's Compensation practices of the City of Bakersfield versus other cities and hopefully, will come to the Council with a complete report in the near future. Allowance of Claims. Upon a motion by Councilman Bleecker, Vouchers Nos. 1146 to 1384 inclusive, in the amount of $203,860.25, as audited by the Voucher Approval Committee, were allowed, and authorization was granted for payment. Bakersfield, California, October 19, 1970 - Page 8 Upon a motion by Councilman Heisey, transfer of funds in amount of $12,000.00 from Fund 11-510-6100 to Fund 11-510-4100, to provide necessary funds for water litigation, was approved. Action on Bids. It was moved by Councilman Vetter, that low bid of American La France Company for 1250 G.P.M. Fire Pumper be accepted and all other bids rejected. He also included in the motion that funds in the amount of $2,518.10 be transferred from Account No. 11-640-8200 (Fire Hydrants) to Account No. 81-640-8200 (Pumper), to cover addi- tional cost over the amount budgeted for this item. Councilman Bleecker commented that the Council has indi- cated several times that any savings that can be made throughout the budget year should be made, and he would like to question whether or not this new fire pumper is absolutely necessary,.and if it is not, he believes this is a good place to start cutting. If this piece of equipment still works well, it doesn't make any difference to him what year it was manufactured, and unless he can be shown that the purchase of this equipment at an expenditure of $44,000.00 and the transfer of $2,500.00 is absolutely necessary, and that it would endanger the people of the City of Bakersfield by not having this piece of equipment in the Fire Department of the City, he will[ vote against the purchase, if he is the only Councilman who does. Fire Chief Paddock stated that this piece of equipment should not be on the road, and on a large fire, this old pumper could not perform. Since this equipment is over 30 years old, he does not feel that it is safe to drive, and when it is driven, it is done very slowly. Maintenance parts cannot be purchased but are manufactured by the mechanics in the Fire Department. His Main- tenance Foreman verified Chief Paddock's statements, stating that this equipment is unsafe to drive and has been relegated to the reserve and used for back-up purposes. Councilman Whittemore asked what would be eliminated if $2,500.00 is taken out of the Fire Hydrant Account to pay for this Bakersfield, California, October 19, 1970 - Page 9 equipment. Chief Paddock stated that progress around the new State College in the southwest has not been as rapid as anticipated, and that the hydrants budgeted will not be installed as early as planned in this area. Councilman Bleecker commented that his questions have been satisfied and he will support the acquisition of the piece of equipment. He asked the City Manager if he can foresee, any time within the next two or three months, any budgeted items which can be passed over for another year, since it was agreed at budgel time that every effort would be made to cut somewhere during the year. He asked the staff to make a re-appraisal of certain items in the budget with the idea of cutting perhaps one hundred thousand dollars out of the budget. Mr. Bergen stated the Council should consider the budget process. The budget has already been cut at four different levels before it comes to the Council at the budget hearings, and he would be very reluctant to say that there are areas where $100,000 can be cut out of the budget. Councilman Bleecker asked how the City stands on payments from the Users Tax and Mr. Bergen stated the City is on schedule. He went on to say that he is already looking at the next budget year. The staff intends to make a more detailed fiscal and financial report to the Council perhaps around the last of March so that the Council can get involved before the budget hearings, on what the revenue and carry-over picture will be. Councilman Vetter stated that as he recalled it, the Council during budget sessions had asked for a financial report showing how the City stands on the Contingency Fund, the Utility Tax, Sales Tax, etc., to be submitted by the Administrative Staff by January l, 1971. Mr. Bergen agreed that this report has been requested, but at that time he had said that a later date projection Bakersfield, California, October 19, 1970 - Page l0 report would be more meaningful; however, a six month's report will be made on January 1st if the Council so desires. After further discussion, vote was taken on Councilman Vetter's motion to purchase the 1250 G.P.M. Fire Pumper, which carried unanimously. Upon a motion by Councilman Heisey, low bid of Southwest Masonry for construction of Slumpstone Masonry Walls at International Square was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. The Council engaged in a discussion relative to bids for the construction of a fence around Park Sump located at New Stine Road and Fjord Street. Councilman Bleecker asked why a further review of the bids~ as stated in the Agenda, was necessary. Mr. Jing, Director of Public Works, stated that the Engineer's estimate was figured incorrectly, as the unit price used was too low. Councilman Whirremote asked why only two bids were received for this project. Mr. Jing stated that bid invitations were mailed to twelve different fence companies~ and he doesn't know why there were only two bi~s received; however, they believe this is a good bid. Councilman Bleecker stated that since only two bids were received and the lowest bid was considerably higher than the Engi- neer's estimate, he would move to reject all bids and grant authori- zation to readvertise this project. Councilman Stiern asked the staff if there was any urgency on this project and Mr. Jing stated there was not and they could re-advertise. Councilman Vetter questioned rejecting the bids because they exceeded the Engineer's estimate, since it was merely an estimate, and he does not think it is fair to the vendors to reject bids for that reason. Bakers£ield, California, October 19, 1970 - Page Vote was taken on Councilman Bleecker's motion to reject all bids and re-advertise for this project, which carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Rucker, Whirremote Noes: Councilmen Rees~ Stiern, Vetter Absent: None Mayor Hart suggested to the Director o£ Public Works that a determination be made prior to the Council meeting why companies are not submitting bids, so that he will be prepared to advise the Council factually when the bids are being considered for award. After discussion~ upon a motion by Councilman Bleecker, sale of surplus real property at 80? Pacific Street was authorized to the only qualified bidder, James W. Boylan, and the Mayor was authorized to execute the necessary documents. Councilman Stiern voted in the negative on this motion. Approval of Agreement between the City of Bakersfield Municipal Transit System and St. Francis Parish. After discussion, upon a motion by Councilman Bleecker~ Agreement between the City of Bakersfield Municipal Transit System and the St. Francis Parish was approved, and the Mayor was authori- zed to execute same. Councilman Whittemore abstained from voting on this motion. Approval of Agreement between the City of Bakersfield Municipal Transit System and Rushmore Junior High School. Upon a motion by Councilman Rucker, Agreement between the City of Bakersfield Municipal Transit System and Rushmore Junior High School was approved, and the Mayor was authorized to execute same. Approval of Contract with the Greater Bakersfield Chamber of Commerce pro- viding for the operation of a Conven- tion 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. Bakersfield, California, October 19, 1970 - Page 12 Approval of Contract with the Greater Bakersfield Chamber of Commerce for the service of advertising the City and promoting the industrial develop- ment of the City. Upon a motion by Councilman Stiern, 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. Councilman Whittemore asked the City Manager what was being done with the building at 2014 "L" Street formerly occupied by the Greater Bakersfield Chamber of Commerce. Mr. Bergen stated that they are cleaning up the building and will offer it for lease. They have already had two parties interested, and will lease it as soon as possible. Councilman Heisey commented that if it was not located on one of the City Parking Lots, he would think it appropriate to declare it surplus and sell the property. Adoption of Resolution No. 69-70 of the Council of the City of Bakers- field ascertaining and determining the prevailing rate of wages to be paid to certain crafts and types of workmen employed on public work in the City of Bakersfield. Upon a motion by Councilman Heisey, Resolution No. 69-70 ascertaining and determining the prevailing rate of wages to be paid to certain crafts and types of workmen employed on public work in the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: None Request from Bernard F. Peterson to connect property located at 701 Fiorito Street to the City Sewer referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Rees, request from Bernard the City Sewer was and recommendation. Peterson to connect property located at 701Fiorito Street to referred to the Planning Commission for study Bakersfield, California, October 19, 1970 - Page 13 Adoption of Ordinance No. 1889 New Series of the Council of the City of Bakersfield authorizing an amend- ment to the Contract between the City of Bakersfield and the Board of Administration of the California Public Employees' Retirement System. At this time the Council considered a proposed amendment of the City's Contract with the Public Employees' Retirement Sysfem. Councilman Heisey asked if any Council Committee had reviewed this proposal. Mr. Hoagland stated this provides a monthly allowance in lieu of the basic death benefit for certain survivors of a member who dies in employment after qualifying for voluntary service retirement. Councilman Vetter pointed out that this was included in a report submitted by the Governmental Efficiency and Personnel Committee at the budget hearings and was included under the fringe benefits granted City employees. It was referred to as "Survivors Benefits" during the discussion at the budget sessions. Mr. Richard Weiss, Administrative Assistant, stated that this amendment was requested by the Chief of Police and has the support of the Department Heads. It is known as the 1957 Survivors' Benefits and fills up a loophole under the present coverage for those employees who continue working after reaching minimum retire-- ment age. It allows a widow to take an option for receiving retirement benefits as though her husband had retired instead of being deceased. This would also discourage people from working beyond their normal retirement age. Councilman Rucker moved that Ordinance No. 1889 New Series of the Council of the City of Bakersfield authorizing an amendment to the Contract between the City of Bakersfield and the Board of Administration of the California Public Employees' Retire- ment System be adopted. This motion carried by the following vote: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore None None Ayes: Noes: Absent: Boundaries of proposed annexation designated as Stockdale #4 approved and referred to the City Engineer and City Attorney for referral to LAFC Bakersfield, California, October 19, 1970 - Page 14 Upon a motion by Councilman Stiern, the boundaries were approved and proposed annexation designated as Stockdale #4 was to the City Engineer and City Attorney for referral to referred LAFC. Boundaries of proposed annexation designated as Cali£ornia Avenue No. 3 approved and referred to the City Engineer and City Attorney for referral to LAFC. Upon a motion by Councilman Stiern, boundaries of proposed annexation designated as California Avenue No. 3 were approved and referred to the City Engineer and City Attorney for referral to LAFC. Boundaries of proposed annexation designated as Real No. 1 approved and referred to the City Engineer and City Attorney for referral to LAFC. Upon a motion by Councilman Heisey, boundaries of proposed annexation designated as Real No. i were approved and referred to the City Engineer and City Attorney for referral to LAFC. Boundaries of proposed annexation designated as Wilson No. 2 approved and referred to the City Engineer and City Attorney for referral to LAFC. Upon a motion by Councilman Rees, boundaries of proposed annexation designated as Wilson No. 2 were approved and referred to the City Engineer and City Attorney for referral to LAFC. Application for Encroachment Permit granted Bill Lee's Bamboo Chopsticks, 1203 - 18th Street. Upon a motion by Councilman Heisey, seconded by Council- man Stiern, Encroachment Permit was granted Bill Lee's Bamboo Chopsticks for construction of a pergola at 1203 - 18th Street. Acceptance of Work and Mayor authorized to execute Notice of Completion of Contract No. 61-70 for Construction of Restroom Building in Wayside Park and Storage Building in Jefferson Park. Upon a motion by Councilman Rees, the Work was accepted and the Mayor was authorized to execute the Notice of Completion of Contract No. 61-70 for Construction of Restroom Building in Wayside Park and Storage Building in Jefferson Park. This work was performed by Frank Terry and was completed on September 17, 1970. Bakersfield, California, October 19, 1970 - Page 15 Acceptance of Deed from Elmer F. Karpe, Inc. for widening of Ming Avenue be- tween Real Road and Akers Road. Upon a motion by Councilman Vetter, Deed from Elmer F. Karpe, Inc. for widening of Ming Avenue between Real Road and Akers Road, was accepted. Acceptance of Deed from Ming Center Investment Company for widening of Ming Avenue between Real Road and Akers Road. Upon a motion by Councilman Vetter, Deed from Ming Center Investment Company for widening of Ming Avenue between Real Road and Akers Road was accepted. Acceptance of Deed from Guy C. Earl III for widening of Ming Avenue be- tween Akers Road and Stine Road. Upon a motion by Councilman Vetter, Deed from Guy C. Earl III for widening of Ming Avenue between Akers Road and Stine Road was accepted. Hearings. This is the time set for continued hearing before the Council on Resolution of Intention No. 859 of the Council of the City of Bakersfield declaring its intention to order the vacation of the alley in Tract No. 1001, City of Bakersfield. This was deferred from the meeting of October 5, 1970. The public hearing was closed for Council deliberation and action. Action was initiated by the Public Works Department and the alley is located near Pierce Road between Gulf and Getty Streets. During discussion, Councilman Bleecker stated that he hopes the property owner will not consider this permission to con- tinue to block this street and the entrance way to Mr. Kish's property, and that the law which forbids parking in the middle of the street is enforced to the letter in this particular case. He asked the City Attorney if it would be propert to require the trucking company to install curbs and gutters on this property. Mr. Hoagland stated that it should not be done under this closing, but it should be done under whatever other law is applicable. Bakersfield, California, October 19, 1970 - Page 16 Councilman Bleecker asked the City Attorney to research the matter and advise the Council what legal requirement is necessary for the installation of curbs and gutters on this property on both sides of the streets. Councilman Stiern stated this has been a continuing problem as far as parking is concerned, and he asked that everything possible be done to enforce proper parking in the neighborhood of Kish Enterprises on that street. Councilman Bleecker moved that Resolution No. 72-70 ordering the vacation of the alley in Tract No. 1001, under Resolu- tion of Intention No. 859, be adopted. This motion carried by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Vetter, Whittemore Noes: None Absent: None Abstaining: Councilman Stiern This is the time set for public hearing before the Council on Resolution of Intention No. 860 of the Council of the City of Bakersfield declaring its intention to order the vacation of a public utilities easement on line between Lots 7, 8 and 55 of Tract No. 1001~ City of Bakersfield. This hearing was duly advertised and posted. No written protests were filed in the City Clerk's Office. Request for vacation was made by Elmer Karpe. Easement is located 170 feet west of Street. Mayor Hart opened Pierce Road on the north side of Gulf the hearing for public participation. No protests or objections being received, and no one appearing in favor of the vacation, the Mayor declared the public hearing closeel for Council deliberation and action. Upon a motion by Councilman Bleecker, Resolution No. 70-70 of the Council o£ the City of Bakers- field ordering the vacation of a Public Utilities Easement on line between Lots 7, 8 and 55 of Tract No. following vote: Ayes: Councilmen Bleecker, Heisey, Noes: None 1001, Vetter, was adopted by the Rees, Rucker, Stiern, Whittemore Absent: None 9O Bakersfield, California, October 19, 1970 - Page 17 This is the time set for public hearing before the Council on Phase II of the 1970 Weed Abatement Program. Between September 21st and 25th, 83 lots were posted with notices to destroy weeds and on September 28th, postcards were mailed to each property owner who had not cleaned his lot. Mayor Hart declared the meeting 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 Stiern, Resolution No. 71-70 finding the Weeds to be a public nuisance and directing the Superintendent of Streets to destroy said Weeds, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Adjournment. There being no further business to come before the Council, upon a motion by Councilman Bleecker, the meeting was adjourned at 10:05 P.M. OR~ l ~e ~t ~ %~ -~akers f is 1 d, Calif. ATTEST: a the Councxl of the City of Bakersfield, California 91 Bakersfield, California, November 2, 1970 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 2, 1970. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend L. Paul Lehman of the Mennonite Brethren Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whiftemore Absent: None Minutes of the regular meeting of October 19, 1970 were approved as presented. Correspondence. At the request of several Councilman, the City Clerk read the following communication from Mrs. C. E. Harless~ 2816 Berger Street, into the record: "I am the mother of 3 children, 2 sons and 1 daughter. My sons and their father are able to take care of themselves in most situations. My 5 year old daughter and I are not equipped to protect ourselves from hate letters and a recent fire bombing at our home. My husband has appeared before the City Council many times as a representative of the Fire- fighters Union. I mention this in order to make one point clear to you. I am not writing this letter to you people as a representative of anyone but myself and my children. My husband told me that he is against my speaking out to you. Normally I would respect his wishes. This is not a normal situation and I am motivated by fear to bring this to your attention. My husband received an anonymous letter in the mail on October 12, 1970, referring to his union affiliations, which he reported to the Postmaster's Office. He discussed this letter with me and attempted to pass it off as the prattlings of some "kook" and told me not to worry. I was worried at the time but did not make any further comment until the night of October 27th when a fire bomb was thrown on our property. Both the Fire and Police Departments were summoned and a report of a "fire of suspicious origin" was filed by the Assistant Fire Chief on duty. No contact was made with us as far as investigating this "suspicious" fire, or the obvious property damage and the possibility of further violence. Bakersfield, California, November 2, 1970 Page 2 My husband delayed in picking up the broken glass and residue from the fire until our insurance agent, Mr. Bob Williams, phoned and told him that he had been informed by Fire Chief Paddock that the incident was closed and there would be no investigation. It is a sad indictment of local government when the family of a taxpaying City employee cannot expect even an investigation by the Arson Inspectors of the dastardly act that I have described above." Councilman Stiern asked the City Manager if this matter was investigated to his satisfaction by the Police Department. Mr. Bergen replied that it was investigated by both the Police and Fire Departments; that he had several reports from both depart- ments, one from the Police Department dated October 27th, which was made before the letter from Mrs. Hatless was written. At the request of the Police Chief, by Captain Ware. Councilman Stiern he would like to say that on numerous had differences Fire Department, a more complete report was made today commented, that speaking for himself~ occasions in the past he has of opinion with Captain Harless of the Bakersfield but he has no use for "kooks"~ or anyone who would perpetrate an act such as that described in Mrs. Hatless' letter. Speaking as one City Councilman he asked Mr. Bergen and other City forces to extend any protection to Mrs. Harless and her family which she might request to prevent this type of incident from occurring in the future. Councilman Vetter agreed with Councilman Stiern and asked Mr. Bergen to furnish Mrs. Hatless with a copy of the Police Depart- ment's report so that she will be aware that an investigation was made. Councilman Rees asked the Mayor to recognize Mr. Hatless, who stated that he was appearing before the Council representing himself and his family and asked that certain questions be answered. He wanted to know if plant and soil samples were taken for lab analysis; did anyone photograph the scene of the fire; did anyone question witnesses present; did anyone question the Captain of the crew that responded to the fire call. These are questions that he Bakersfield, California, November 2, 1970 - Page 3 93 feels are very important. He has been a Fire Captain for 12 years and a Firefighter for 18 years, and to his knowledge this is the first time a City employee has been afforded this type of treatment. He stated that he didn't want this type of thing going on around his house in the fufure and he wants to make that clear to anyone who thinks it should. Councilman Bleecker commented that the letter from Mrs. Hatless was delivered to his house this afternoon. From the reports made by the Police and Fire Departments, it would appear that a bush was burned and the property damage amounted to $20.00, as estimated by the Fire Department. He then read the following report made by Captain Ware to the Chief of Police on November 2, 1970, into the record: "Approximately 2:20 P.M., November 2, 1970, I was summoned to the office of the Chief of Police, where he presented to me a letter which was postmarked Bakersfield, California, October 31, 1970, directed to the Chief of Police. The letter was signed by Mrs. C. E. Harless of 2816 Berger Street, Bakersfield. It implied that her family was under harassment and had not received proper Police service in conjunction with said harassment. In my capacity as Chief of Detectives, I have analyzed the reports available to me and make the following observation: The records of the Bakersfield Police Department have been searched and find that in every in- stance where the Harless family has made requests for Police service or there was Police action, it was proper and justified. As far as threats or harassment predicated against the Harless family, I have not at any time had this called to my attention by anyone. I was aware of the incident complained of and that it was investigated by a uniformed member of this department and subsequently was assigned to the Arson Investigator in the event that some- thing should develop in regards to this report. At this time no one from the Harless family has made any contact with me or anyone from my office complaining regarding lack of Police service, nor have I been aware of any difficulty encountered by this family. The fact the man is a City employee would not be pertinent to the situation. 94 Bakersfield, California, November 2, 1970 - Page 4 I discussed this case with Detective James Steen and Officer Daniel Logan, both men advised me that neither thought this case would be of any significance. Logan stated he felt this was a random fire and was unable to establish it being the result of a fire bomb as Mrs. Harless implied. The reason for this conclusion is outlined in this report. A procedure has been established in an arson investigation and it is as follows: Any fire that appears to have a criminal agent involved, the information is called to the attention of the Police Department by the Fire Department and this precipitates an arson investigation. In the absence of such information from the Fire Department, no action is instituted by this office. If any member of the Hatless family had a com- plaint to make regarding police service or lack of same, a simple call to this Department would have resulted in immediate response and a pro- fessional investigation. As pointed out previously, Mr. Hatless' public service is not a factor in our police investi- gation. I can only conclude if Mr. or Mrs. Hatless are the victims of a criminal action, they are responding in an unusual way as police service is available to any citizen upon request." Councilman Bleecker stated he believes it important that this report be read into the record. He feels that Mr. Harless does perhaps have a problem, but he believes a big issue is being made here over something that was unfortunate, but the incident could have been taken up with the proper authorities in the Police and Fire Departments, rather than bringing it to the attention of the Council. He stated he is of the opinion it is an attempt by the Firefighters Union to make some play in front of the Council for reasons only they themselves know. He agreed with Councilman Stiern that any citizen of this City can expect and deserves the protection of the Police and Fire Departments, but this issue should have been taken up with these authorities. Mayor Hart commented that he respected Councilman Bleecker's personal opinion, but opinions are not necessarily facts. Rather than debate this matter further, it would be wide to wait until Mr. Harless' questions are answered and at that time the Council can make its determination. 95 Bakersfield, California, November 2, 1970 - Page 5 Mr. Harless stated that attempting to tie this to his union activities is one of the things that causes this type of action to go on. He has no authority from the union to speak tonight, he is merely representing himself and family. After the incident on October 30th, he talked with Captain Dalley at the Police Building, in the presence of Lieutenant Miller, so he has contacted the Police Department. to carry a firearm but he permit yet. At that time he requested a has not heard anything from it as Councilman Stiern stated he thinks the incident has been noted and it is obvious that it has been investigated. He would reiterate that the good offices of the City of Bakersfield are available to Mr. Harless or any citizen who feels that he or his family are in jeopardy, and protection or assistance always are provided when requested. Councilman Rucker stated he had a call from a resident in Mr. Heisey's ward who had reported an incident to the Police Department and he asked the City Manager to ascertain if the Police Department had made the necessary investigation, that he would give him the name of the lady in the morning. Councilman Stiern then moved that the letter be received and placed on file, which carried unanimously. Council Statements. Councilman Bleecker commented it would appear from the number of things that happened on opening day at the League of California Cities Conference in San Diego last week, that this organization needs to be straightened out as far as decorum is concerned. He then read into the record the following statement made by Mr. Edwin Wade, President of the League of California Cities, prior to the introduction of Frank Curran, Mayor of San Diego, who has been indicted by the San Diego Grand Jury for accepting a bribe: Mr. Sol Price, is a San Diego Attorney, founder and Chairman of the Board of Fed-Mart Corporation, active in civic matters in his community, and a former member of the San Diego Grand Jury. In June of 1966 - and I wish to emphasize that date, 1966, Mr. Price resigned from the Grand Jury. ~letter of resignation expressed his deep concern about the inability of the accused to enough has been said, 96 Bakersfield, California, November 2, 1970 - Page 6 protect themselves from the Grand Jury, or pub- licity resulting from a Grand Jury indictment. Just eleven days ago, on October 14, 1970, Mr. Price again wrote a letter to the members of the San Diego Grand Jury where he stated: (and I quote) "In light of the recent indictments against City of~icials~ I feel it is appropriate that you receive a copy of my letter of resignation from the 1966 Grand Jury. The recent indictments epitomize some of the weaknesses and dangers inherent in the Grand Jury System. SHOULD ANY OR ALL OF THE PRESENT DEFENDANTS IN THE YELLOW CAB COMPANY CASE BE ACQUITED~ CAN ANYONE HONESTLY CONTEND THAT THEY AND OUR CITY HAVE NOT BEEN IRREPARABLY INJURED? SHOULD THEY NOT HAVE HAD THE RIGHT TO CONFRONT THEIR ACCUSERS AND CROSS EXAMINE THEM? SHOULD THEY NOT HAVE BEEN AFFORDED THE OPPOR- TUNITY TO APPEAR BEFORE YOU TO EXPLAIN ANY OF THE CIRCUMSTANCES AND TESTIMONY WHICH HAS BEEN PRESENTED? In the public mind, a 'true bill" handed down by a Grand Jury carries enormous weight. Most people assume that every facet o~ the case has been very carefully scrutinized and weighed. Is this really the case, or do we £ind refuge in the classic "they will have their day in court?" Isn't that too late? In his June 28, 1966 letter of resignation from the San Diego Gran~Jury, after detailing funda- mental principles o£ our judicial system, Mr. Price said" (and again I quote) "One thing, however, I must mention to you since you have it within your power to do something about it. We have all heard the expression, "Don't worry, the de~endant will have his day in court." Can anyone honestly assert that an acquittal ever wipes away the wound caused by a frivolous, careless or mistaken indictment. The power to indict is an awesome one. To be able to do so in secret without cross examina- tion, without hearing from the defendant, requires the greatest restraint and technical experience. No single agency o£ the judicial system has more raw power vested in it than does the Grand Jury, and yet it is probably the least qualified by training and experience to exercise such power. The legal restraints on the abuse o~ its power are almost nil. All this cannot be washed away by the simple question, 'The defendant will have his day in court.'" Councilman Bleecker stated that immediately after this statement was read, Mayor Curran was introduced and according to the newspapers, he received a standing ovation. However, he would like to go on record as saying that he was one of the persons; 97 Bakersfield, California, November 2, 1970 - Page 7 present who did not stand, and there were many other Councilmen and Mayors who did not participate. It was almost a travesty thai; an official should be allowed to read such a statement into the record prior to introducing the Mayor of a City who has been indicted by the Grand Jury. This is particularly important in the case of public officials who have the trust of the people and any time that trust is open for questioning, they should be given a complete trial by a court of law and if they are acquitted, the people who formerly voted for them would vote for them again. Councilman Bleecker stated that it is his understanding that the new President of the League of California Cities is Mayor Clifford Loader of Delano and he feels that Mayor Loader should receive a copy of this statement which he thinks indicts the Grand Jury system. Councilman Heisey stated that he completely concurred with Councilman Bleecker, as it was with a great deal of reluctance that he even attended the convention after the indictment of the Mayor and several City Councilmen. He feels that it is a reflection on the officials of all cities in the state, and he personally feels that they have been let down by their sister city in the south. He was equally shocked when the President of the League of California Cities rose and read an indictment of the present Grand Jury system prior to the introduction of the Mayor and he, too, was one of a number of people around him who did not rise in what was termed "a standing ovation." Councilman Rees commented that he feels that Mr. Wade was privileged to make whatever statement he wished to as President of the League of California Cities, and he does not think it will have any bearing on the future trial of Mayor Curran. Councilman Stiern stated he didn't attend the meeting when this statement was read, however, if he had been there, he would have kept his seat as did other City.Councilmen. He does not really know if Mayor Frank Curran is guilty or not, all he knows is that he and some of the Council have been indicted. He does know that they have been forbidden by a judge to comment on the indictment and the Mayor and other city officials cannot Bakersfield, California, November 2, 1970 - Page 8 publicly de~end themselves. From what he can discover, there is some reason to believe that these charges may be false. The people of San Diego are very puzzled about it and they are not about to indict their City Government until they know something more about the facts. He thinks that it is important that the statements made by one or more o£ the Councilmen tonight be kept in the proper context, because a statement of this type has a state-wide impact. He would like to record to show that the statements that have been made are the statements of individual Councilmen and in no way represent an opinion of the Bakersfield City Council. Councilman Whittemore concurred with this, stating that he also wanted it to be on record that these are not statements from the Bakersfield City Council. He did not attend the League meeting this year. He agreed with Councilman Bleecker that a letter addressed to the new President of the League would probably get the point across to him relative to the Bakersfield City Council's concern regarding the action taken at San Diego. Mayor Hart stated he participated in the League of California Cities Con£erence, and when the introduction of Mayor Curran was made, he and several other people who sat together did not spontaneously react as reported in the newspapers. By this indication, he does not mean to say that Mayor Curran is guilty in his eyes, he merely wishes to say that he does not enthuse with the condemnation of the Grand Jury system, and the manner in which is was introducted into the meeting. He ~irmly believes in the Grand Jury system. Reports. Councilman Whirremote, the City's representative on the Kern County Regional Planning Advisory Commission, read the £ollowing report on the subjects (1) Amended Joint Powers Agreement for Kern County Council of Governments. (2) Amended Joint Powers Agreement for 701 Planning Grant. "For some time members of the Kern County Regional Planning Advisory Commission (KCRPAC) and the staf£ of Kern County Cities have worked with County o£ficials to amend the Joint Powers Agreement for KCRPAC to provide for an independent staff and to Bakersfield, California, November 2, 1970 - Page 9 change the name of KCRPAC to the Kern County Council of Governments (KCCOG). The attached amended Joint Powers Agreement for KCCOG has been reviewed and approved by all City members of KCRPAC and will be submitted to the Board of Supervisors on Wednesday, November 4, 1970, for approval. Also attached is the amended Joint Powers Agreement for the 701 Planning Grant. The amended Agreement is necessary due to a reduction of funds for the County General Plan Planning Program and revised work programs for the participating Cities and County. The County on behalf of the County and Cities will apply for additional 701 Planning Grant funds to complete the total County General Plan Program in the near future. The total estimated costs for the City's share of the amended planning project is $11,977, of which $6,477 is to be cash and $5,000 labor performed by the staff of the Planning and Engineering Departments. As the City's representative on KCRPAC, I recommend approval of the Joint Powers Agreement for Kern County of Govern- ments and the amended Joint Powers Agreement for the 701 Planning Grant subject to the Board of Supervisors Councilman Whittemore commented are approved by the Board of Supervisors, approving both documents. that if these agreements it will be the culmination of a three year attempt by the eleven incorporated cities to come to an agreement with the Board of Supervisors to fund the independent staff so that the applications for various projects can be approved by HUD. If this independent staff had been in existence and funded and the requirements of the Department of Transportation had been met, it is quite possible that the City of Bakersfield bus applica- tion would have been approved by this time. Councilman Heisey moved that the report be received, the Agreements be approved, and the Mayor authorized to execute same. This motion carried unanimously. Councilman Whittemore stated that the Cities would like to change one thing in the near future and that is that an alternate be appointed from each City Council to the Kern County Council of Governments, so that a quorum will always be present at the meetings. 1 O0 Bakersfield, California, November 2, 1970 - Page 10 Councilman Vetter, Chairman of the Budget Review and Finance Committee, read a report on a paper shredder, stating that the incinerator at City Hall is used to burn paper and cardboard materials by most City departments. This procedure is unsatisfactory because of the fumes and unsightly appearance of the residue which results. The Committee feels strongly that the City should do its share to fight air pollution in its various forms whenever practical and recommends that $1,000 be transferred from the City Council's Unappropriated Contingency Reserve, Account No. 11-510-6100 to City Hall Maintenance, Account No. 11-616-8300, to purchase a 12" compact "Destroy It" Paper Shredder. Upon a motion by Councilman Vetter, the Report was adopted, and the transfer of funds in the amount of $1,000 for the purchase of the Paper Shredder was approved. Allowance of Claims. Upon a motion by Councilman Bleecker, Vouchers Nos. 1385 to 1515 inclusive, in amount of $125,103.44, was approved and authorization was granted for payment. Action on Bids. After discussion, upon a motion by Councilman Rees, the bid of Blueprint Service for Blueprint Reproduction was accepted, all other bids were rejected, and authorized to execute the contract. Upon a motion by Councilman Rees, the Mayor was low bid of Dicco, Inc. for paving West Columbus Street between Chester Avenue and Union Avenue, was accepted, all other bids were rejected and the Mayor was authorized to execute the contract. Bakersfield, California, November 2, 1970 Page 10a Approval of Agreement between the City of Bakersfield and Transit Ads, Inc. After discussion~ upon a motion by Councilman Rucker, Agreement between the City of Bakersfield and Transit Ads, Inc. for advertising space available on City buses, was approved and the Mayor was authorized to execute same. Councilman Stiern stated that he wanted to go on record as being in favor of this agreement or any agreement which would generate income for the bus system, as he is not opposed to the bus system~ merely the idea of operating at a loss. Adoption of Resolution No. 73-70 of the Council of the City of Bakers- field supporting Proposition 1 on the State Ballot Propositions. Upon a motion by Councilman Rees, Resolution No. 73-70 of the Council of the City of Bakersfield, supporting Proposition 1 on the State Ballot Propositions, was adopted by the following vote: Ayes: Councilmen Bleecker, Rees, Heisey~ Rucker, Stiern, Vetter, Whirremote Noes: None Absent: None 1012 Bakersfield, California, November 2, 1970 - Page 11 Upon of the Council of a copy of a Adoption of Resolution No. 74-70 of the Council of the City of Bakers- field acknowledging the receipt of a copy of a Notice of Intention to Circulate Petition for the annexation of territory designated as "Curran No. 1", and an Affidavit of Publication thereof, and approving the circula- tion of the Petition. a motion by Councilman Vetter, Resolution No. 74-70 of the City of Bakersfield acknowledging the receipt Notice of Intention to Circulate Petition for the annexation of territory designated as "Curran No. 1", and an Affi- davit of Publication thereof, and approving the circulation of fhe Petition, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Vetter, Whittemore Noes: None Absent: None Stiern, First reading of an Ordinance of the City of Bakersfield amending Chapter 2.08 of the Municipal Code by amending Section 2.08.060 (h) (1) providing for Consent Calendar and adding Section 2.08.062 Consent Calendar. At this time first reading was given an Ordinance of the City of Bakersfield amending Chapter 2.08 of the Municipal Code by amending Section 2.08.060 (h) (1) providing for Consent Calendar and adding Section 2.08.062 Consent Calendar. In response to questions posed from the Council as to what type of agenda matters would be grouped together, City Attorney Hoagland stated that the Consent Calendar is comprised of one or more items of a routine nature which may be approved at one time by an affirmative roll call vote. Such items as acceptance of deeds, referral of annexation matters, approval of minutes, allow- ance of claims, etc. could be grouped together and acted upon by a single motion. If any Councilman desires to vote upon a particular matter separately, upon request it can be removed from the Consent Calendar. This is an effort to streamline the agenda and facilitate easy handling of routine items. Bakersfield, Calitornia, November 2, 1970 - Page 12 Encroachment Permit granted Leonard Prudhomme tor encroachment into City Storm Drain Easement at 2604 "Q" Street. Upon a motion by Councilman Rucker, Encroachment Permit was granted Leonard Prudhomme for encroachment into City Storm Drain Easement at 2604 "Q" Street. Acceptance of Street Right of Way Deed from William C. Holzer and Sheila R. Holzer. Upon a motion Way Deed from William C. o£ sidewalk and curb and gutter at the "Q" Street to 34th Street return was accepted. Acceptance of Deed from the State of California to the City of Bakersfield. Upon a motion by Councilman Vetter~ Dee~ from State of Cali£ornia to City of Bakersfield tor parcel of land located at the northwest corner of the Kern Island Canal and Vernal Place intersection, to be used as a replacement site for the pump station on Vernal Place which will be removed due to proposed 58 Freeway, was accepted. Hearings. This is the time set for public hearing before the Council on Resolution of Intention No. 854 declaring its intention to order the construction and installation of curbs, gutters, side- walks, driveway approaches and necessary drainage facilities adjacent to Lots 1 through 90, Tract No. 1171~ Lots 88 through 131, Tract No. 1232 and the south 135 feet of the block bounded by Owens~ Murdock, Robinson Streets and Virginia Avenue, in the City of Bakersfield~ California, Public Improvement District No. 854. This hearing has been duly published and posted and notices sent to all property owners affected. No written protests have been filed in the City Clerk's Office. Mayor Hart declared the meeting open for public partici- pation. No protests or objections being received, the public hearing was closed for Council deliberation and action. Upon a by Councilman Bleecker, Street Right of Holzer and Sheila R. Holzer for construction Bakersfield, California, November 2, 1970 - Page 13 motion by Councilman Rucker Resolution No. 75-70 of the Council of the City of Bakersfield ordering the Work in Public Improvement District No. 854 and directing the City Clerk to post notice inviting bids therefor, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Upon a motion by Councilman Rucker, Resolution No. 76-70 of the Council of the City of Bakersfield ascertaining and deter- mining the prevailing rate of Wages to be paid in the matter of Improvement District No. 854, was adopted by the following Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None This is the time set for public hearing before the Council of the City of Bakersfield on application by Esther Mallard to change the zoning boundaries from an R-2-D (Two Family Dwelling - Architectural Design) Zone, an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone, a C-O-D (Professional Office - Architectural Design), Zone, and a C-1-D (Limited Com- mercial - Architectural Design) Zone, to an R-2-MH-D (Two Family Dwelling - Mobile Home Park - Architectural Design) or more restrictive Zone, affecting that certain property located on the southwest corner of Planz Road and South Chester Avenue. The hearing was duly published and posted and no written protests were filed in the City Clerk's Office. The applicant proposes to develop a mobile home park subdivision with walls, landscaping and a recreational area with the main entry on South Chester Avenue. The Planning Commission was of the opinion that a well- planned mobile home park for subject site would be compatible with the zoning and development of the area; and, accordingly, recommendIs approval of the zone change. Public vote: Ayes: Bakersfield, California, November 2, 1970 - Page 14 pat ion. spoke in Mayor Hart declared the hearing open for public partici- Mr. Tom Cosby, Division General Manager of Zemny, Inc., behalf of the project, stating that they have done a great deal of study on a feasibility report of this area and he would assure everyone that the development would be an asset to this area. He further stated that this developer will cooperate with the City in every respect and with the community as well, and have endeavored to do so in planning for this project. No one speaking in opposition to the proposed zone change, Mayor Hart closed the hearing to the public for Council deliberation and action. In response to a question from Councilman Vetter, Planning Director Sceales stated that the mobile home park itself has com- plete design control for the development of this proposed project. The reason the "D" Overlay was recommended here was in case the mobile home was not developed as planned, there would be a design control over the acreage. He stated that no objections were received at the Planning Commission hearing. Councilman Whittemore commented that this amazed him as at the time the existing zoning was placed on the property, the Council Chambers were packed with property owners from the area, and he asked if everyone had been notified of the hearing. Mr. Sceales stated that the usual procedure was followed for notifying the property owners, that all had been sent a notice of the hearing who resided within 300 feet of the proposed zone change. The staff felt that the facility is proper in relationship to the zoning and development of the area. The Planning Commission was in favor of a well-planned mobile home park for this site. After further discussion, Councilman Whittemore stated that inasmuch as the people have been noticed and no objections were voiced to him personally or at the public hearing held tonight, 106 Bakersfield, California~ November 2, 1970 Page 15 he would move to adopt Ordinance No. 1889 New Series amending Title 17 of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southwest corner of Planz Road and South Chester Avenue. This motion carried by the following roll call vote: Ayes: Councilmen Bleecker~ Heisey~ Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Adjournment. There being no further business to come before Council, upon a motion by Councilman Vetter, the meeting was adjourned at 9:30 P.M. ATTEST: CI'I~ CLERK and E~-Offi~io Clerk o~ the Council o~ the City of Bakersfield, California Bakersf±eld, Californ±a, November 9, 1970 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 9, 1970. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Kenneth Adams of the First United Methodist Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Absent: Councilman Bleecker Minutes of the regular meeting of November 2, 1970, were approved as presented. Scheduled Public Statements. Dr. George Paulson, President of the Southern Sierra Council Boy Scouts of America introduced Eagle Scout Don Napier who read a Resolution stating for one month beginning November 5, 1970, all Cub Scouts, Boy Scouts and Explorers in the community will be actively participating in collecting newspapers and aluminum cans for salvage and reuse. The proceeds will be applied toward the purchase of land in the Greenhorn Mountain area for a new Boy Scout Camp, and urged all citizens to save their newspapers and aluminum cans for pick up by the Boy Scouts. Mrs. Ellen Fink, President of the College Heights School PTA, stated she were here tonight to ask that the speed limit from the Mount Vernon On-Ramp, which is Height Street pass Sunny Lane, be lowered to 25 miles per hour, it is now 45 miles per hour, that caution blinking lights be installed and a traffic count be made in this same area as the traffic is quite heavy during the time children are going to and from school. Councilman Heisey stated this area was under the juris- diction of the State Division of Highways and asked Mr. Bergen if these recommendations could be made to them. 1 O8 Bakersfield, California, November 9, 1970 - Page 2 Mr. Bergen replied he would submit these recommendations~ to the Division of Highways and report back to the Council in the near future. At this time Mr. Charles Siplin addressed the Council and said it was apparent to him and many other people in this community that the people of southeast Bakersfield are constantly being tossed around in what appears to be a political football between various governmental agencies. I am referring specifically to the political ramifications that evolved out of the multi-service center proposal~ the southeast Bakersfield Migrant Health Center proposal and now the sewer line proposal. I realize this latter proposal has not come before the Council for a vote. But to quote Councilman Whittemore. "He and a majority of his colleagues on the City Council will oppose an estimated $524,298,000 Federal Grant to build sewer lines to serve 2,000 people in a minority area of southeast Bakersfield." The sewer line project in my opinion should be a test of sincerity between the City and governmental agencies in their professed concern for the rights o~ the poor and the minorities. The sewer project should also be a test of the ability of reasonable men, who af£irm they have common objectives to bridge the gap between arrogance of those who have the power and the suspicions and alienation of those who do not. I firmly believe that the Council should approve this grant of $524,298,000. The sewers would bring better housing to the minority area, encourage industry and better sanitation conditions for the citizens. I also feel it would be unwise for the Council to turn down any federal money destined for any area of this community. In conclusion~ the people of this area have no intention of free- loading at the expense of the taxpayers. There is a great deal of pride and dignity in this community. It is unfortunate that elected officials would try to prejudice one community against the other with this type o~ statement. Bakersfield, California, November 9, 1970 - Page 3 109 Councilman Whittemore said you apparently quoted me from a newspaper article. I did make the statement at the Regional Planning Advisory Commission meeting when this was brought on the floor. I was opposed to it and I am sure that Mr. Bleecker is opposed to it from the City Council because we have opposed the Suburban Rental Sewer Agreements with other property which is in the unincorporated area. The people who have had an opportunity to annex to the City of Bakersfield and help us expand have opposed us time and time again, yet they come to the City Council and ask us to provide them with City sewers, City services and these are paid £or by the taxpayers within the incorporated limits of the City of Bakersfield. These people had an opportunity a short time ago to annex to the City of Bakersfield, this hall was filled with those who opposed it. I don't believe in anyone being forced to annex to the City of Bakersfield, this should be their choice, but I don't feel that they should turn around and ask the taxpayers of this City to help support their services. With the improvement of the sewer system in this area it is quite possible there will be a demand for apartment construc- tion, more motels because of the tremendous increase in traffic on the highway. If this happens, then the sewer farm which is paid for by the taxpayers of this City will have to be expanded. The acreage in which this water disposal must be taken care of will have to be bought and purchased by the taxpayers of this City, not the people in the Union Avenue Sanitation District. This is what I say is unfair to the taxpayer of the City of Bakersfield. I understand this contract we have with the District, which we have all opposed through the years, has a fixed fee of $12.50 per year. This is an iron-clad contract made by a Council many, many years ago. This Council is the one who initiated and adopted the plan for your multi-purpose building. The Supervisors of the County of Kern are the ones who are throwing you the curve ball on that, we have carried out our portion of that agreement. To my knowledge 110 Bakersfield, California, November 9, 1970 Page 4 this Council was not involved with lhe medical health facility. never made a statement on that. I represent the people of the City of Bakersfield and if it seems to me that it is going to cosf additional funds to provide services for the people outside of the City then I will oppose it. Councilman Stiern said he thinks the question should be divided. The rates which are being paid by the City of Bakersfield to the Union Avenue Sanitation District is one question for con- sideration, which I think will eventually be resolved between the City Council and the Board of Supervisors, who are the directors of the district. Then I think we have to consider that the people in that area have made an application for federal funds to develop sewer lines to upgrade the sanitation and health facilities. He said if federal funds can be obtained to provide sewer lines in the area that is good. I think it would be ill-advised for the City at any time to take a position which would place it in opposition to upgrading any area surrounding the City. If the sanitary facilities can be improved and if federal funds are available, I think it would be very ill-advised for the Council to take any position which would be detrimental or impediment to lhe successful development of such a project in the area. Councilman Heisey said he thought the solution was rather simple and the goal could be achieved if it has the enthusiastic support of the City. I think that can be obtained when the City Council and the Board of Supervisors sit down and renegotiate the Sewer Contract so it isn't a burden on the City, but is reasonable and fair as the rest of the Sewer Rental Agreements are. It all hinges on that one point. I don't see any reason why it couldn't be resolved in a matter of days. Councilman Rucker said that something may be worked out as it was years ago to provide sewers in an area between King Street and Union Avenue near Brundage Lane. Bakersfield, California, November 9, 1970 - Page 5 Councilman Rees said he hoped Mr. Siplin doesn't fall into a trap of believing "everything is a political football." Councilman Vetter said he would certainly support any area upgrading their sanitation facilities. I don't believe it would be proper for the City to oppose a project of this nature. I would be opposed to the City continuing our contract that would be detrimental to the taxpayer of the City of Bakersfield. After further discussion, Councilman Heisey moved that the City-County Cooperation Committee meet with the Board of Super- visors to renegotiate the Union Avenue Sanitation District Contract. This motion carried unanimously. Councilman Stiern asked the City Manager to set up a meeting as soon as possible with the Supervisors who serve on the Board's Cooperation Committee. Correspondence. A notice was received advising that the next meeting of the South San Joaquin Division of the League of California Cities will be held in the City of Chowchilla on Friday, November 20, 1970. The guest speaker will be Dr. Clifford Loader, President of the League of California Cities. Communication addressed to Mayor Donald M. Hart from K. Hasegawa, Chief of Planning Section, Travel Center of Japan, thanking Mayor Hart for the kind hospitality extended to their U.S. Administration Study Team who visited his office on September 15, 1970. Council Comments. At this time Councilman Heisey read Resolution No. 78-70 of the Council of the City of Bakersfield recognizing the 100th Anniversary of the First United Methodist Church of Bakersfield. Councilman Heisey moved for the adoption of this Resolution, which carried by the following roll call vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: Councilman Bleecker 112 Bakersfield, California, November 9, 1970 - Page 6 Councilman Heisey stated he had been contacted by Mr. Bob Miller, President of the East Bakersfield Lions Club regarding the lighting at the Kern County Library on Baker Street. I went over to the library and found the lighting to be very bad. Mrs. McGee, Kern County Head Librarian informed me the Kern County Public Works Department has made plans to black top the parking lot at the library which she thinks will be lighted, however, this will be on the side of the building. There are two columns on which lights used to be in front of the library. They have been broken out and never replaced. I would like our staff to contact the County Public Works Department and ask them to replace these two light fixtures in front of the library, and also to look into the possibility of the City putting a light on a telephone pole which already exists on the north side of the lot at the alley on Baker Street. Councilman Heisey stated he wanted to comment on the Transit System as it exist in the City of Bakersfield.' We, on the Council, who are particularly involved and concerned with our Transit System, are continuing to meet and are pursuing with as much vigor as ever for the formation of a Metropolitan Transit District. We have had the assurance of at least two members of the Board of Supervisors who have met with us in committee, along with the committee of the Chamber of Commerce. I am sure everyone on the Council agrees that we should have a Transit System, but we do want it to be shared by the entire community that benefits from it. Upon a motion by Councilman Rucker, Mrs. Carmen Calderon was appointed as a member of the Board of Charity Appeals and Solicitations, term to expire October 1, 1974. This motion carried unanimously. Councilman Rucker stated that he has had several calls from residents pertaining to the improvement of Brundage Lane and California Avenue and asked Mr. Bergen for a report on these two projects. Mr. Dale Hawley, Deputy Director of Public Works, stated that the California Avenue Project time expired November 5th, the contractor will be paying a penalty. The north half of the street Bakersfield, California, November 9, 1970 - Page ? is ready for paving and the contractor indicated he would be working there this week. Councilman Vetter stated he had received complaints from people in the K-Mart area that the parking lot lights are extremely bright and remain on until two or three in the morning. People to the north of there are objecting to the brightness of the lights and asked the Planning Director if there was any way to control the lighting. Mr. Sceales said he would contact K-Mart and inform them of the complaint. Mr. Bergen reported on the East Brundage Lane Project and stated that it is about one and one-eighth mile long and is a County project. The completion date is estimated to be January 7, 1971. Allowance of Claims. Upon a motion by Councilman Rucker, Vouchers Nos. 1516 to 159~ inclusive, in amount of $61,216.78, as audited by the Voucher Approval Committee were allowed, and authorization was granted for payment of same. Action on Bids. Upon a motion by Councilman Stiern, low bid of Cyclone Fence Company for the construction of a fence around the Park Sump located at Fjord and New Stine Road, was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Adoption of Ordinance No. 1890 New Series of the City of Bakersfield amending Chapter 2.08 of the Munici- pal Code by amending Section 2.08.060 (h) (1) providing for Consent Calendar and adding Section 2.08.062 Consent Calendar. Upon a motion by Councilman Rees, Ordinance No. 1890 New Series of the City of Bakersfield amending Chapter 2.08 of the Municipal Code by amending Section 2.08.060 (h) (1) providing for Consent adopted Ayes: Calendar and adding Section 2.08.062 Consent Calendar, by the following vote: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None was Absent: Councilman Bleecker 1 14 Bakersfield, California, November 9, 1970 - Page 8 Adoption of Resolution No. 77-70 of the Council of the City of Bakersfield regarding repatriation of captured American and Allied Fighting Men. Upon a motion by Councilman Whittemore, Resolution No. 77-70 of the Council of the City of Bakersfield regarding repatria- tion of captured American and Allied Fighting Men, was adopted by the following roll call vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Bleecker First reading of an Ordinance of the City of Bakersfield amending Section 11.04.753 of the Municipal Code es- tablishing a Speed Limit on Oswell Street. At this time first reading was given an Ordinance of the City of Bakersfield amending Section 11.04.753 of the Municipal Code establishing a Speed Limit on Oswell Street. First reading of an Ordinance of the City of Bakersfield amending Section 11.04.791 of the Municipal Code es- tablishing a Speed Limit on South Real Road. At this time first reading was given an Ordinance of the City of Bakersfield amending Section 11.04.791 of the Municipal Code establishing a Speed Limit on South Real Road. Adoption of Resolution of Intention No. 861 of the Council of the City of Bakersfield declaring its intention to order the vacation of a Public Service Easement in Lot 40, Tract 3334, City of Bakersfield. Upon a motion by Councilman Stiern, Resolution of Inten- tion No. 861 of the Council of the City of Bakersfield, California,. declaring its intention to order the vacation of a Public Service Easement in Lot 40, Tract 3334, City of Bakersfield, and fixing the date of November 30, 1970 for hearing before the Council, was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Bleecker 115 Bakersfield, California, November 9, 1970 - Page 9 Claim for damages from Susan Yvonne Palmer referred to the City Attorney. Upon a motion by Councilman Rees, claim for damages from Susan Yvonne Palmer was referred to the City Attorney. Claim of D. K. Moran Construction Company for the construction of Sani- tary Sewer to serve California State College, Bakersfield and adjacent area, referred to the City Attorney. Upon a motion by Councilman Rucker, claim of D. K. Moran Construction Company for the construction of Sanitary Sewer to serve California State College, Bakersfield and adjacent areas, was referred to the City Attorney. First reading of an Ordinance of the City of Bakersfield amending Chapter 16.24 of the Municipal Code requiring the undergrounding of all utilities in new subdivisions. At this time first reading was given an Ordinance of the City of Bakersfield amending Chapter 16.24 of the Municipal Code requiring the undergrounding of all utilities in new subdivisions. Acceptance of Street Right of Way Deed from Jack I. Straus and Robert. K. Straus. Upon a motion by Councilman Rees, Street Right of Way Deed from Jack I. Straus and Robert K. Straus for extension of Columbus Street between Christmas Tree Lane and the proposed Panorama Drive extension, was accepted. Acceptance of Street Right of Way Deed from Jack I. Straus and Robert K. Struas. Upon Deed from Jack Panorama Drive accepted. a motion by Councilman Rees, Street Right of Way I. Straus and Robert K. Straus, for extension of between Crescent Drive and Columbus Street, was Acceptance of Street Right of Way Deed from William A. Howell, Jr. and Genevieve M. Howell. Upon a motion by Councilman Rees, Street Right of Way Deed from William A. Howell, Jr. and Genevieve M. Howell for extension of Columbus Street between Christmas Tree Lane and pro- posed Panorama Drive extension, was accepted. 116 Bakersfield, California, November 9, 1970 - Page 10 Acceptance of Street Right of Way Deed from William A. Howell, Jr. and Genevieve M. Howell. Upon a motion by Councilman Rees, Street Right of Way Deed from William Howell, Jr. and Genevieve M. Howell for extension of Panorama Drive between Crescent Drive and Columbus Street, was accepted. Acceptance of Street Right of Way Deed from Bidart Bros. Upon a motion by Councilman Vetter, Street Right of Way Deed from Bidart Bros. for widening along the south side of Ming Avenue west of Real Road and east side of Akers Road south of Ming Avenue, was accepted. Acceptance of Work and Mayor authorized to execute Notice of Completion of Con- tract No. 60-70 for installation of Traffic Signals and Street Lighting at the intersection of Auburn Street and Oswell Street. Upon a motion by Councilman Rees, the Work was accepted and the Mayor was authorized to execute the Notice of Completion of Contract No. 60-70 for installation of Traffic Signals and Street Lighting at the intersection of Auburn Street and Oswell Street. Approval of Plans and Specifications for Construction of a Restroom-Storage Building at Centennial Park. Upon a motion by Councilman Stiern, Plans and Specifica- tions were approved, and the Finance Director was authorized to advertise for bids for the construction of a Restroom-Storage Building at Centennial Park. Approval of request from Ruby L. Blaylock 805 Fiorito Street, to con- nect residence to City Sewer System. Upon a motion by Councilman Vetter, request from Ruby L. Blaylock, 805 Fiorito Street to connect residence to the City Sewer System was approved subject to the following conditions: 1. Work to be constructed to City Specifications. 2. Enter into a Suburban Sewer Rental Agreement. 3. Plans to be submitted for City's review and approval. .1_17 Bakers£ield, California, November 9, 1970 - Page ll Approval of request from B. F. Peterson 701 Fiorito Street, to connect to City Sewer System. Upon a motion by Councilman Vetter, request from B. F. Peterson, 701Fiorito Street to connect residence to the City Sewer System was approved subject to the following conditions: 1. Work to be constructed to City Specifications. 2. Enter into a Suburban Sewer Rental Agreement. 3. Plans showing proposed installation to be submitted for City's review and approval. Hearings. This of the City of to change the zoning boundaries from an R-1 (Single Family Dwelling) Zone and from an R-3 (Limited Multiple Family Dwelling) Zone to a C-2 (Commercial) or more restrictive, Zone, affecting that certain property located west of Stine Road and south of Ming Avenue. The hearing was duly published and posted and no written protests were filed in the City Clerk's Office. The Planning Commission is of the opinion that commercial zoning of subject parcel would be compatible with existing zoning and development of the area. Mayor Hart declared the hearing open for public partici- pation. No one appearing in opposition, the Mayor asked for those in favor to speak at this time. Mr. Richard Hosking, Attorney for J. L. Dandy & Company spoke in favor of the application for the zone change. Mayor Hart closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Heisey Ordinance No. 1891 New Series amending Title Seventeen of the Muni- cipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located west of Stine Road and south of Ming Avenue, was adopted by the following vote: Ayes: Councilmen Heisey~ Rees, Rucker~ Stiern, Whittemore Noes: Councilman Vetter is the time set for public hearing before the Council Bakersfield on application by J. L. Dandy & Company Absent: Councilman Bleecker 118 Bakersfield, California, November 9, 1970 - Page 12 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Vetter, the meeting was adjourned at 9:25 P.M. ATTEST: MARIAN S. IRVIN CITY CLERK and Ex-Officio Clerk of the Council of the ~ity of Bakersfield, California CLERK'S ASSISTANT Bakersfield, California, November 16, 1970 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 16, 1970. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Norman Callaway of the Wesley United Methodist Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Absent: None Minutes of the regular meeting of November 9, 1970 were approved as presented. Mayor Hart acknowledged the presence in the Council Chambers of students assigned to counterpart positions within the City Government for Teenage City Government Day to be held Wednesday, November 18, 1970, who introduced themselves and identified the schools they represented. Scheduled Public Statements. Mrs. Florence Perry, Director of the Lakeview Service Center, addressed the Council relative to the condition of Lakeview Avenue and pointed out some of the areas which could be improved. She asked that the streets be cleaned up and that the Police Depart- ment be instructed to enforce the no parking regulations on Lakeview Avenue in the early morning hours when the street sweeper is operating in the area. She also requested that the City provide a maintenance man, full or part time, to police the area and keep the sidewalks clean and the litter out of the streets which she stated could create work for low-income residents. She asked that something be done in the near future to provide the citizens and taxpayers of this area some relief and that the area be maintained the same as other shopping centers in the City. All members of the Council agreed that these suggestions were excellent. Since Mrs. Perry indicated that the level of service is less than that received in other areas of the community, Public Works Director Jing was requested to comment. Mr. Jing 12O Bakersfield, California, November 16, 1970 - Page 2 stated that Lakeview Avenue is a secondary street and is swept once a week. It is not the policy of the City to sweep sidewalks anywhere in the City. Lakeview Avenue is swept at night, as cars parked on the street present a problem. With the cooperation of the Traffic Department cars can be moved, but only by continual surveillance. Mrs. Perry urged the issuance of citations to those persons who violate the no parking signs, and Mr. Jing stated he will take the matter up with the Traffic Department. Councilman Rucker pointed out that the businessmen in this area complained that citations issued by the Police Department ran off business, therefore, parking regulations were not enforced rigidly in order to help business in the area. However, since this group is requesting that Lakeview Avenue be kept in better condi- tion, it might be a good idea to sweep the street twice a week and request the Police Department to adopt a more stringent policy toward those people who violate the law. Councilman Bleecker stated that stricter enforcement of parking regulations might be resented and suggested that the Lake- view Community Council adopt a project to encourage the merchants on the street to paint their property and sweep the sidewalks in front of their business. After further discussion, it was suggested that due to the heavy pedestrian traffic on Lakeview Avenue, the Director of Public Works review the City's street sweeping policy and consult with the Traffic Department regarding more rigid enforcement of the parking regulations in this area. Mr. John Phillips, representing the Bakersfield Chapter of Zero Population Growth, submitted a petition containing 1,400 signatures and a proposed resolution, urging the City Council to endorse the concepts and ideas behind Zero Population Growth. He stated that the symptoms of over-population are already indicated in the form of pollution, social unrest, congestion, urban sprawl Bakersfield, California, November 16, 1970 - Page and various other things. It is not possible to separate the problems of environment from population growth as they are directly related. If unchecked population growth is ignored, future efforts to solve the problem will have to be more drastic. The vital pre- requisite for any action nationwide is local support. Some City governments have already adopted population resolutions, and within the next five years every City government in the country will be asked to support a resolution on the subject, not as a local issue, but as a nationwide issue. Mr. Phillips answered questions directed to him by members of the Council. Several Councilmen indicated that they could not support the proposed resolution in its present form. It was moved by Councilman Whittemore that the petition and resolution be received, placed on file, and the matter referred to the proper committee for study and recommendation. Councilman Bleecker asked if it would be proper to move that Council action be taken on the resolution tonight. As pointed out previously, a similar request was presented to the Council some time ago, and he feels that rather than refer it to a committee and perhaps have it overlooked, the Council should take action tonight so that the ZPG knows where the Council stands on the issue. Mayor Hart stated that if a Councilman wishes to call for action at this time, he has every parliamentary right to do so, and offered the suggestion that this matter be referred to the Teen-Age Government Students to study and bring it back to their Council meeting for debate next Wednesday. Councilman Heisey commented that he feels it would be appropriate for a Council Committee to study the proposed resolution and come back with a recommendation, because as it is written he would not be able to vote in favor of it. After further discussion, Councilman Whittemore amended his motion to refer the matter to the Governmental Efficiency and Personnel Committee for study and recommendation back to the Council. This motion carried unanimously. 122 Bakersfield, California, November 16, 1970 - Page 4 Correspondence. Upon a motion by Councilman Heisey, communication from Henry C. Mack, Jr., Attorney representing Atlantic Richfield Company in connection with plans for construction of a service station at the southwest corner of California and Chester Avenues, was received and ordered placed on file. Upon a motion by Councilman Rucker, communication from Charles S. Dumble, County Surveyor, relative to the Formation of an Urban Bakersfield Improvement District, proposed by the Kern County Water Agency, was received and ordered placed on file and referred to the Water and City Growth Committee for study and recommendation. Council Statements. Councilman Heisey read a communication from.Mr. Leonard McKaig, who stated that he endorses in principle the proposal to form a Metropolitan Transit District and also the idea that the City's contract with the Union Avenue Sanitation District is ripe for renegotiation. Councilman Heisey commented that Mr. McKaig has vigorously opposed the City on many occasions and it is good to have him on the City's side on these two issues. Councilman Stiern nominated Mr. William H. Tatro to fill the vacancy existing on the Civil Service Board for Miscellaneous Departments. Councilman Rees nominated Mr. Walter Huber for this position. Councilman Bleecker moved that the nominations be closed, which carried unanimously. Roll Call Vote was taken on nomination of Mr. Tatro, which carried as follows: Ayes: Councilmen Bleecker, Heisey, Stiern, Vetter Noes: Councilmen Rees, Rucker, Whirremote Absent: None Mr. William A. Tatro was declared appointed as a Member of the Civil Service Board for Miscellaneous Departments to fill the vacancy created by the resignation of Mr. Gerald H. Brock. Bakersfield, Californ±a, November 16, 1970 - Page 5 Councilman Rees asked for a status report on the place- ment of the Fire Alarm Operators in other City employment. He stated it was his impression that the statement had been made these four employees had not been fired, but were merely being transferred to other departments. He asked how many had been transferred and what the prospects of the. remaining operators were to be placed in other positions. City Manager Bergen stated that he had reported to the Council several weeks ago that two of the girls have accepted new positions in the City. The Miscellaneous Civil Service Board will probably consider the qualifications of one of the other girls this week, with the idea of certifying this employee. An Ordinance has been prepared in draft form which would permit these employees to leave their contributions in the Fire Department Retirement System. This Ordinance will be submitted to the Council within a week or two. Councilman Whittemore reminded Mr. Bergen that the time is growing short and asked if a sustained effort is being made to find positions for the other two Alarm Operators. Mr. Bergen stated that Department Heads with vacancies have and are interviewing the other two girls. Councilman Stiern stated that he thinks Mr. Bergen's comments are appropriate, inasmuch as the Council at its September 28th meeting asked him to report back within 30 days relative to the work assignments of these four Fire Alarm Operators. Reports. Councilman Stiern moved that report from Elmer Fox & Company of examination of the accounts and records of the City of Bakersfield for year ended June 30, 1970, be received and referred to the Budget Review and Finance Committee. Councilman Vetter remarked that in his opinion it would be more appropriate to refer this report to the Governmental Efficiency and Personnel Committee. Councilman Stiern withdrew his motion and Councilman Vetter moved that the report be received, filed and referred to the Governmental Efficiency and Personnel Committee. This motion carried unanimously. 124 Bakersfield, California, November 16, 1970 - Page 6 Allowance of Claims. Upon a motion by Councilman Bleecker, Vouchers Nos. 1594 to 1652 inclusive, in amount of $153,588.70, as audited by the Voucher Approval Committee, were allowed and authorization was granted £or payment. Action on Bids. Upon a motion by Councilman Vetter, low bid submitted by Galprin Supply Company for Fire Hose was accepted and all other bids were rejected. The'Council discussed bids received for the construction of Water Pollution Control Facility for Southwest Bakersfield. Four bids were received for this project varying from a low bid of $968,350 to a high bid of $1,098,540. These figures are for the base bid of the project. The bid form allowed for bidding of alternate mechanical equipment. At this time it is not possible to fully evaluate the alternate equipment, therefore, it was recommended by the staff that the base bid be accepted and if the alternate equipment proves to be acceptable and does not result in an increase in the base bid ~ontract amount~ a Change Order accepting the alternate equipment be issued subsequent to the award. Councilman Bleecker commented that he was not sure what he would be voting on in connection with this bid and asked for an explanation £rom the Director of Public Works. Mr. Jing stated that letters on the bid analysis were mailed to members of the Council with their agenda packet and asked Mr. Cormell of Engineer-- ing Science to answer any questions of the Council. Mr. Cormell stated that bids were received as a lump sum bid and alternate mechanical equipment was listed on the bid form. The base bid was on Alternate A of each piece of mechanical equip- ment. The City has the privilege to take any other alternate piece of equipment it desires. The equipment that is selected will then either increase or decrease the lump sum contract price depending upon the item as compared to the base item. It is recom-- mended that the City proceed with the award on the base bid and subsequent to the award, they will negotiate with the contractor Bakersfield, California, November 16, 1970 - Page 7 by a Change Order which will reflect any decrease or increase in the cost. After further discussion, upon a motion by Councilman Bleecker, action was deferred until the Council has an opportunity to obtain additional information and study the recommendations made by the staff. This motion carried unanimously. Adoption of Resolution No. 79-70 of the City Council authorizing a Contract for repair of Sewer Line on an emergency basis. Upon a motion by Councilman Rucker, Resolution No. 79-70 of the City Council authorizing and ratifying Contract to Field and Gooch for repair of Sewer Line on an emergency basis, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Adoption of Ordinance No. 1892 New Series of the City of Bakersfield amending Section 11.04.753 of the Municipal Code establishing a Speed Limit on Oswell Street. Upon a motion by Councilman Rees, Ordinance No. 1892 New Series of the City of Bakersfield amending Section 11.04.753 of the Municipal Code establishing a Speed Limit on Oswell Street, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Adoption of Ordinance No. 1893 New Series of the City of Bakersfield amending Section 11.04.791 of the Municipal Code establishing a Speed Limit on South Real Road. Upon a motion by Councilman Vetter, Ordinance No. 1893 New Series of the City of Bakersfield amending Section 11.04.791 of the Municipal Code establishing a Speed was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Limit on South Real Road Noes: None Absent: None 12 6 Bakersfield, California, November 16, 1970 - Page 8 Ayes: Noes: None Absent: None Adoption of Ordinance No. 1894 New Series of the City of Bakersfield amending Chapter 16.24 of the Muni- cipal Code requiring the undergrounding of all utilities in new subdivisions. Upon a motion by Councilman Whittemore, Ordinance No. 1894 New Series of the City of Bakersfield amending Chapter 16.24 of the Municipal Code requiring the undergrounding of all utilities in new subdivisions, was adopted by the following vote: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Extension of time granted Dicco, Inc. for the Improvement of Lakeview Avenue from Brundage Lane to S.P.R.R. Asphalto Branch. Upon a motion by Councilman Rucker, extension of time was granted Dicco, Inc. of Contract No. 85-70 for the Improvement of Lakeview Avenue from Brundage Lane to S.P.R.R. Asphalto Branch. The extension would change the completion date for this project from November 18, 1970 to January 6, 1971. Approval of Construction Change Order No. 1 for Contract No. 60-70 to Safety Electric Company for the installation of Traffic Signal and Highway Lighting System at the intersection of Oswell Street and Auburn Street. Upon a motion by Councilman Rees, Construction Change Order No. i to Safety Electric Company in amount of $164.97 for the installation of Traffic Signal and Highway Lighting System at the intersection of Oswell Street and Auburn Street, was approved. Adjournment. There being no further business to come before the Council, upon adjourned at 9:30 P.M. a motion by Councilman Vetter, MAY '~~ '~ty o~f Baker s field, ATTEST: of the City of Bakersfield, California the meeting was Calif. Bakersfield, California, November 23, 1970 127 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 23, 1970. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend T. E. Davis of the Hillcrest Baptist Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Rees, Stiern, Vetter, Whittemore Absent: None November to nominate Mr. William A. Tatro as Board for Miscellaneous Departments Councilman Stiern made a motion that 16, 1970 be changed to reflect that it a member of to fill out Rucker, the minutes of was his intention the Civil Service the term of Gerald H. Brock expiring on December 31, 1970, and that he be re-appointed for a four year term expiring December 31, 1974. This motion carried unanimously. Minutes of meeting of November 16, 1970 were then approved as corrected. Scheduled Public Statements. Ensign Andy C. Robertson, a 1970 graduate of the United States Naval Academy, addressed the Council stating that he works in the Los Angeles area recruiting service and through the offices of Councilman Heisey had been invited to Bakersfield to talk to the young men in this City. He stated he has had the best possible cooperation from all of the high school counselors and the young men in the area have expressed a great deal of interest in the Naval Academy program. He thanked the Mayor for permitting him to speak to the Council and express his appreciation. Councilman Heisey emphasized the fact that this last year the largest number of young men in its history have made application to the Naval Academy. He pointed out thai this is particularly significant and would indicate that the majority of the young men in the country are eager to fill their honorable obligation to their nation. Bakersfield, California, November 23, 1970 - Page 2 Andrew Hout, a senior at West High School and a repre- sentative of the "Right to Life Committee" read a statement requesting the City Council to act to protect the life of every individual at every state of life and urging that any requests for endorsement of resolutions, etc. be screened for anti-life implications. The Reverend Otis McAllister of 1500 Cheatam Avenue, addressed the Council, stating that as a concerned minister of Bakersfield, he and his group were present tonight to urge the Council to reconsider the sewage problem in southeast Bakersfield and accept the proposed Federal Grant of $524,298, so that the whole community can be upgraded. He stated that approximately 2,000 minority citizens were dependent on the decision of the Council and thanked the Council for giving him the opportunity to speak. Councilman Whittemore pointed out to Reverend McAllister thai the City Council is not the agency to give local approval to proposed Federal Grants, this determination will be made by the Kern County Council of Governments made up of a representative from each of the cities in the County and one from the Board of Supervisors, which will meet on December 1, 1970. He earlier had asked for a postponement of this meeting until such time as he could discuss with the City Council the matter of renegotiating the contract with the Union Avenue Sanitation District which has been in effect for approximately 20 years, whereby this district will be paying its fair share for the treatment of sewage at the City's plant. The issue is in Committee at the present time and a report will be submitted before the December first meeting which will instruct Councilman Whittemore, as the City's representative, what course of action to take. During discussion, it was brought out that the matter of renegotiating the contract was referred to the City-County Cooperation Committee, and that it will be necessary to meet either some time this week or by Monday in order to make a report to the Council before the December 1st deadline. Bakersfield, California, November 23, 1970 - Page 3 129 Director of Public Works Jing reported that the Board of Supervisors had instructed the County Administrative Officer to have the County Staff meet with the City Staff to discuss various aspects of the Union Avenue Sanitation District Agreement, and that it was hoped to schedule this meeting some time this week. Councilman Stiern commented that the members of the City- County Cooperation Committee stand ready to meet with representatives of County Government any time to attempt to work out a solution to the problem. There is no opposition on the part of the Council toward receiving a Federal Grant for construction of the sewers in southeast Bakersfield. There is, however, a need to clarify an old agreement which was entered into years ago, and his Committee is ready to meet in good faith with representatives of County Government to negotiate and work out any differences that exist. However, he wishes to have City Manager Bergen, who is attending a meeting in San Francisco, present at any meeting held for this purpose. Councilman Rucker remarked he was happy that it was brought out that the City Council does not make the decision to approve or disapprove the Federal Grant. Councilman Whirremote expressed concern that a meeting had not been held earlier, stating that it should have been scheduled at least two weeks ago. He recommended that the joint staffs meet by tomorrow and that Dr. Stiern, as Chairman, schedule a Committee meeting as soon after that as possible. Supervisor Milton Miller asked for permission to speak to the Council, stating that he is quite concerned about this matter and feels that the Board of Supervisors does want to rene- gotlate this contract at a fair cost, however, an arbitrary cost figure would not be acceptable, and he does not want the people in this area deprived of federal money. He invited the City-County Cooperation Committee to meet with the Board of Supervisors tomorrow to discuss the matlet of renegotiating the contract in good faith and urged that the conditions be reasonable and at a fair cost. 130 Bakersfield, California, November 23, 1970 - Page 4 Mayor Hart reminded Supervisor Miller that Councilman Stiern had stated the City was prepared to act in good faith, and he didn't want the issue debated at this meeting. City Attorney Hoagland advised that the City staff was making an analysis of the terms of the contract at the present time in line with what has been said, and expects to present a report to the Committee on Wednesday. Mr. Bergen is out of town and he therefore does not foresee any chance of holding a Committee meeting with the Board of Supervisors tomorrow. He reminded the Council that the Board itself had delegated negotiation of the contract to its staff and he does not know at the present time whether that request has been changed. Mayor Hart commented that it is the intention of the Council to renegotiate this contract to the advantage of the community and to the advantage of all the people, and that he is a bit tired of the Council Chambers becoming a battleground with the inferences that the Council is engaging in some sort of shady deal to deny certain segments of society the things to which they are entitled. He suggested that he be permitted to canvass the members of the Committee tomorrow in order to have the positive representation that the City needs to participate in the issue. To his knowledge, no member of the Council has ever spoken out against the Federal Grant, and he wants it understood that the Council is not attempting to deny any group anything. Councilman Bleecker commented that if the procedure has been determined to renegotiate the agreement whereby the City can come out "whole", he would strongly suggest that before the City agrees to a Federal Grant, some assurance be received from the Board of Supervisors that this contract will be renegotiated and that these negotiations precede any approval of a Federal Grant. He does not feel that the City can continue to take somebody's word about what they are going to do without clear, concise bona- fide action in dollars and cents from the County of Kern. Bakersfield, California, November 23, 1970 - Page 5 Council Statements. Mayor Hart welcomed Cub Scout Pack 33 and Cubscoutmaster Lee Reed who were observing the Council meeting as a required field study on government. Councilman Heisey stated that he had received a letter from the Myra Noble School PTA concurring with the recommendations of the College Heights School PTA, in regards to the school crossing on Height Street. He stated that a staff meeting will be held this Wednesday with a representative from the State Division of Highways at which time they hope to work out a solution to the problem. He will keep the Council posted on the outcome of the meeting. Councilman Heisey stated that he was the City's repre- sentative at a meeting of the South San Joaquin Division of the League of California Cities held in Chowchilla on November 20, 1970. Mayor Smotherman of Arvin, as retiring President, was presented with a plaque in recognition of his services, and the Mayor of Chowchilla was installed as President of the League for this year. State President Mayor Clifford Loader. of Delano delivered the principal address of the evening. Councilman Rucker asked when bids will be opened for Public Improvement District No. 854, which provides for the con- struction of curbs, gutters, sidewalks and driveway approaches in an area in his ward. Public Works Director Jing stated that the bids will be opened tomorrow. Councilman Rucker asked that the work be delayed on this construction until after the Christmas season and Mr. Jing stated he will arrange to schedule the work until after the holidays. Councilman Bleecker stated he was very happy with the concise statement made by the Right to Life Committee; that he was one Councilman who would give a lot of consideration to this statement when the time comes to take action on the Population Resolution which was submitted to the Council last week. 132 Bakersfield, California, November 23, 1970 - Page 6 Reports. Councilman Whittemore, Chairman, reported that the Governmental Efficiency and Personnel Committee has recently held meetings to incorporate into the Bakersfield Municipal Code the policy decisions recently adopted by the City Council in connection with the Fire Alarm Bureau, as well as one other change which is described in this report. Each recommendation is separate and may be acted upon separately if the City Council wishes to give further consideration to any specific item listed. ITEM NO. 1 Y-Rating During the recent discussions involving the Fire Alarm Operators, this Committee went on record and the City Council concurred, that these employees accepting a lower paying position in the face of having their positions eliminated should nor have their salaries reduced. In order to implement this policy, the Personnel and Compensation Ordinance will have to be amended to permit the "freezing" of an employee's salary under certain conditions. It was therefore recommended that first reading be given an Ordinance of the Council of the City of Bakersfield amending Chapter 3.18 of the Municipal Code by adding Section 3.18.020 (b) (5), Y-Rating, Positions Abolished. ITEM NO. 2 - Retirement Contribution One of the problems of the Fire Alarm Operators in accepting employment in another depar.tment was the fact that the present Fire Department Retirement System requires they withdraw their retirement contributions unless they are 55 and have 20 years of service. This would work a hardship on some employees, especially employees with more than 10 years service accepting a position in another department of the City. The Committee recom- mended appropriate changes be made in the Fire Department Retire- ment System to present this hardship. This recommendation was made to the Fire Department Disability and Retirement Board, and they have recommended that the Fire Department Relief and Pension Fund Ordinance be amended as outlined in their memorandum of September 28, 1970. A copy of the above mentioned memorandum is Bakersfield, California, November 23, 1970 - Page attached to this report. Specifically, the two sections that have been recommended for adoption by this Council deal with (1) per- mitting employees who transfer from the department or terminate from the City, in certain circumstances~ to leave their retirement contributions in the Fire Department's Retirement Program, and (2) the contribution rate of employees who return to service with the Fire Department. First reading was considered given to an Ordinance of the City of Bakersfield amending Chapter 5.38 to the Municipal Code by adding Sections 5.38.162 and 5.38.164. ITEM NO. 3 - Eligibility for Medical Insurance Officials employees section some of Section 3.22.020 (d) Eligibility of Employees and Elected should be changed in view of the fact that all City are not paid biweekly. The present working of this is based on the fact that the City was previously paying its employees on a semimonthly basis. After discussion and explanation by City Attorney the report Hoagland, upon a motion by Councilman Whittemore, was adopted. Allowance of Claims. Upon a motion by Councilman Bleecker, Vouchers Nos. 1653 to 1802 inclusive, in amount of $137,201.78, as audited by the Voucher Approval Committee, were allowed, and authorization was granted for payment. Action on Bids. Upon a motion by Councilman Bleecker, bid of Hemisphere Construction Company for the Construction of Water Pollution Control Facility for Southwest Bakersfield was accepted, all other bids were rejected, and the Mayor was authorized to execute the Contract. Upon a motion by Councilman Rucker, Change Order No. to Hemisphere Construction Company decreasing the base bid price for the Construction of Water Pollution Control Facility for South- west Bakersfield in amount of $2,938.00, was approved and the Mayor was authorized to execute same. 134 Bakersfield, California, November 23, 1970 - Page 8 Approval and Adoption of Revised Specifications for Equipment Operator III, Options 1 and 2. Upon a motion by Councilman Rucker, revised specifications for Equipment Operator III, Options 1 and 2, were approved and adopted. Acceptance of Work and Mayor author- ized to execute Notice of Completion for Contract No. 87-70 for Construction of Storm Drain in 42nd Street and Chester Avenue. Upon a motion by Councilman Bleecker, the Work was accepted and the Mayor was authorized to execute the Notice of Completion for Contract No. 87-70 for Construction in 42nd Street and Chester Avenue. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Heisey, the meeting was adjourned at 8:55 P.M. MA '~/~akersfield, Calif. of Storm Drain ATTEST: ~rx-Officio Clerk of the Council of the City of Bakersfield, California Bakersfield, California, November 30, 1970 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 30, 1970. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Paul L. Lehman of the Mennonite Brethren Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Absent: None Minutes of the regular meeting of November 23, 1970 were approved as presented. Scheduled Public Statements. Mr. Tsun Hat Lee, President of Planned Parenthood Association and Director of Health Education at Kern County Health Department, addressed the Council, stating that he was present in support of the Resolution submitted by Zero Population Growth organization. This Resolution was co-authored by Senator Joseph Tydings of Maryland and other responsible United States Senators. Mr. Lee showed film slides of a recent trip to Hong Kong, Singapore and other oriental countries to stress what can happen when there are too many people on too little land and to dramatize Zero Population Growth's plea for Council support of voluntary curbs on population. Mr. Joe Fontaine, Chairman of the local chapter of the Sierra Club, made a statement in support of the Zero Population Growth Resolution. He pointed out that the population explosion has seriously disturbed the ecological relationship between mankind and his environment. It has caused increasing scarcity of wildlife and has impaired the beauty of whole regions, as well as reduced the standard and quality of living. The ecological problems presently plaguing the world are already enormous and can become even worse if the population keeps on increasing. The petition from Zero Population Growth to the City Council does not recommend any method of population control, there is no reference to abortion. The 136 Bakersfield, California, November 30, 1970 - Page 2 Council is being asked to endorse population control in principle and to assume its responsibility to present and future generations by contributing to the solution o£ the foremost problem that man- kind faces today; namely, overpopulation. Mr. D. H. Whipple, who resides at 1408 West Point Drive, addressed the Council, stating that to him the proposed Resolution is a gross over-simplification of man's problems. Changing slovenly ways regarding pollution than limiting presented is so general litter will do more in the eradication of total population. The Resolution as in nature, so vague as to method~ so mis- directed in its aim and so gross in the complications its imple- mentation would produce, that it is completely and utterly worth- less and should be rejected by the Council. Councilman Vetter stated he appreciated Mr. Whipple's remarks and thanked him for his statement. As mentioned by Mr. Fontaine, the Zero Population Growth Resolution did not refer to abortion~ but it is a fact lhat the abortion laws will be liberalized if the government enters into a program of limiting the population to x-number of people. He would very strongly oppose a Resolulion of this nature for that reason. Councilman Stiern stated that he appreciated all the presentations that have been made and that he would like answers to several questions which occurred to him last week. An altruistic approach to the problem is fine, but if having more than two children were to be prohibited in this country, he would like to know who would decide what the punishment will be and who will carry it out.. Is euthanasia the answer, and if it is~ who decides it, who carries it out. Councilman Vetter commented that the fact was brought out at the Sludent Council meeting last week that population control citizens will not people who have more is voluntary. However, when the government decides that are not following its controls on population, then it be voluntary, it will result in a punishment for those than two children. Bakersfield, California, November 30, 1970 - Page 3 ! 37 Robert Birchfield, Student Mayor who presided at Teen Age City Government Day on November 18, 1970, presented the Council with recommendations in the form of Resolutions, adopted by the Student City Council, and stated that the experience for the 75 high school students who participated in Student Government Day had been most beneficial and that these students came away with renewed confidence in the 'Establishment', or the City Council. He asked the Council to endorse the recommendations adopted by the Student City Council in the following Resolutions: 1. Resolution requesting the adoption of the Tydings Resolution concerning population control. 2. Resolution requesting City Council action regarding the harmful conditions of rail- road crossings within the City Limits; specifically, the railroad tracks at F Street and 14th Street, and G Street and 14th Street. 3. Resolution requesting City Council investi- gation and action concerning the acute traffic congestion on 24th Street. 4. Resolution requesting that the City Council recommend that a student from one of the Kern High School District schools be placed as a voting member on the Board of Trustees. 5.Resolution requesting better police protection at school functions. 6. Resolution requesting the establishment of a Student Advisory Commission and the establish- ment of a Student Advisor responsible to the City Council comprised of City High School students. Councilman Vetter commented on the Resolution requesting better police protection at school functions and asked for a clarification. Mr. Birchfield stated that according to one school administrator, there was a lack of police attention both inside and outside of the dances, that there had been instances where police officers present had ignored what was transpiring inside the dance building, that the consuming of liquor and other illegal activities had been going on without any crackdown from the police officers. Both administrators and students were dissatisfied and there were specific instances where neglect was apparent on the part of the officers present. Councilman Vetter asked if students expected the police officers to exercise more control at a dance and Mr. Birchfield 13S Bakersfield, California, November 30, 1970 - Page 4 replied that students lelt the police should be totally aware of what was happening inside and outside the dance and that had not always happened in the past. Councilman Vetter asked if guide- lines were set out by the School District and the code was violated~ what position was taken by the administrators present. Mr. Birch- field replied that they would eject the student. Councilman Vetter commented that he does not believe it is the role of the police ofiicer to patrol a high school dance and judge the activities of the students present. After considerable discussion, Councilman Vetter commented that he would like to see a list made up by school administrators setting out the duties and patrolling school dances. this list to the Council. responsibilities of police officers Mr. Birchfield stated he would furnish Councilman Stiern commented that he thinks it is the responsibility of the school administrators to call any problem relative to the functioning of police officers to the attention of the Council or the Chief of Police. Also, if any illegal acts were being performed, the administrators, or the chaperons, could have ejected the offendors, or closed the dance. He suggested that a delegation of students call on the Chief of Police and discuss the matter of police protection at student dances and be explicit in what students expect in the way of surveillance of student activities. Councilman Heisey complimented Mr. Birchfield on his presentation stating that the recommendations will be given full Council consideration and he will be informed of the Council's disposition of each of the resolutions. City Manager Bergen commented that the subject of in- adequate police protection at student dances was brought up by a student from North High School, which is not in the incorporate limits of the City of Bakersfield, and it was discussed at the public Student Council meeting. However, he has never been con- tacted by any school administrator regarding insufficient police protection being afforded to any school within the City of Bakers- field. Bakersfield, California, November 30, 1970 - Page 5 139 Councilman Stiern moved that the Resolutions and recom- mendations presented by Student Mayor Birchfield be received and placed on file and referred to the appropriate Council Committee for study. This motion carried unanimously. Councilman Whirremote asked the Council to recognize Mr. Randall Dickow, who addressed the Council, stating that he was a member of several civil and environmental organizations, ZPG being among them, and that he wished to clarify the purpose behind the views of the Zero Population Growth Resolution. He then answered questions posed by the Council. Councilman Vetter asked Mr. Dickow if ZPG endorses liberalized abortion laws. Mr. Dickow stated the political plat- form of ZPG endorses changing the abortion laws to the point where a choice lies between a woman and her doctor. ZPG believes that State legislatures cannot legislate morally, that it is unconsti- tutional to legislate for a person's health and welfare. It is advocated that the laws be changed to permit abortion if religious or moral convictions are not violated. He went on to say that the abortion laws discriminate against the poor, that a wealthy person in this state can have an abortion performed whenever desired. Councilman Stiern took exception to this statement, and Mr. Dickow stated that statistics will bear this out. He stated that ZPG and other organizations would like to arrange a meeting with the Governmental Efficiency and Personnel Committee to discuss this issue, rather than take up the Council's time tonight. Councilman Vetter stated this issue is very important and these points should be discussed in the open. He said that he takes exception to the stand the ZPG has taken that the government ought to permit a woman to say whether or not she will bear a child. The ZPG is forgetting that the child is there; everyone talks about the rights of the parents, what about the rights of the unborn child, who is watching out for him? Mr. Dickow asked what is more immoral than to bring a child into the world into the type of environment that would develop if he were not wanted. 14O Bakersfield, California, November 30, 1970 - Page 6 After additional discussion, Mayor Hart thanked Mr. Dickow for expressing his views before the Council. Correspondence. Upon a motion by Councilman Stiern, communication from William M. Ketchum, Assemblyman 29th District, enclosing a copy of an Attorney General's Opinion on the legality of cities~ chartered and non-chartered, entering into a performing contract with the State Board of Equalization for the collection of Sales and Use Taxes after the repeal of the County Uniform Sales and Use Tax Ordinance, was received and ordered placed on file. Upon a motion by Councilman Stiern, communication from Owen A. Kearns, M. D.~ Health Of£icer, Air Pollution Control Officer~ Re: Burning at the Bakersfield Sanitary Landfill, was received and ordered placed on file and referred to the City Manager for any necessary action. Council Statements. Councilman Heisey placed the name of Mr. Don Whipple in nomination for re-appointment as a Member of the Civil Service Board for Miscellaneous Departments, for four years term expiring December 31, 1974. Councilman Bleecker seconded the nomination. Councilman Whittemore questioned making the appointment until Mr. Whipple's present term on the Board has expired, that it would be setting a precedent. Roll call vote was taken on Councilman Heisey's motion, which carried as follows: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter Noes: Councilman Whirremote Absent: None City Manager Bergen informed the Council that the next meeting of the Bakersfield Redevelopment Agency will be held December 9, 1970 at 7:30 P.M., in the Council Chambers of City Hall, and invited all Councilmen to attend. Reports. Councilman Stiern reported that a meeting had been held between the City-County Cooperation Committee of the Board of Supervisors and the corresponding Committee of the City Council, in the Caucus Chambers of the City Hall on Wednesday, November 25, 1970. Bakersfield, California, November 30, 1970 - Page ? Attending were Supervisors David Fairbairn and Milton Miller and Councilmen Bleecker, Stiern and Whittemore. The City members felt that a definite expiration date should be set to the contract with the Union Avenue Sanitation District. Also, if future annexations are made to the District, those annexations should be approved by the City, inasmuch as it is the concern of the City to handle the additional effluent which could result in an overloading of the City plant. The matter of rates charged to the residents of the Union Avenue Sanitation District should be reviewed to provide that these residents are paying their fair share of the costs. The Supervisors present indicated that the City had a legitimate cause for discussion and agreed to take the problem back to the Board of Supervisors for review. The Councilmen present at the meeting asked that a letter of understanding be sent to the City-County Cooperation Committee by Chairman Webb indicating that there was general Board concur- rence with the City's request, and Councilman Stiern stated that he understands this letter is forthcoming. In view of the progress made at this meeting and the friendly manner in which the discussions took place, the Committee felt that the City's problem with the Union Avenue Sanitation District should in no way interfere with the application for a Federal Grant which has been made to build sewer lines in south- east Bakersfield to serve minority residents. Councilman Stiern moved that Councilman Whittemore be instructed to vote in favor of the application for a Federal Grant when it is reviewed at the meeting of the Kern County Council of Governments on December 1, 1970. This motion carried unanimously. Councilman Whittemore stated he would like to express his appreciation to Supervisors Fairbairn and Miller for attending the meeting to discuss this problem. He feels that the two govern- mental bodies have approached the point where they are meeting in a complete spirit of cooperation. He will attend the meeting tomorrow evening and convey the Council's decision to the Kern County Council of Governments. 142 Bakersfield, California, November 30, 1970 - Page 8 Councilman Vetter commented that he was unable to attend this meeting, but he, too, is pleased with the mutual understanding and cooperation which has developed between the Board of Super- visors and the City Council. Supervisor David Fairbairn who was present in the audience, expressed his personal appreciation to every member of the Council as he has worked with each one of them at one time or another. There have been many problems, but he feels that solutio:ns to them are being worked out in a friendly fashion. Allowance of Claims. Upon a motion by Councilman Bleecker, Vouchers Nos. 1802 to 1848 inclusive, in amount of $21,195.43, as audited by the Voucher Approval Committee were allowed and authorization was granted for payment. Budget Transfer in amount of $29,612.12, from Fund No. 33-510 to Fund No. 33-655, to establish a budget appropriate for the Gas Tax Fund Allocation for Engineering purposes, and Budget Transfer, in amount of $3,700, from Fund No. 11-563 to Fund No. 85-563 to provide for a self insurance fund to be maintained to cover property damages not otherwise covered, were approved at this time. Deferred Business. Upon a motion by Councilman Rucker, Ordinance No. 1895 New Series of the City of Bakersfield amending Chapter 5.38 to the Municipal Code by adding Sections 5.38.162 and 5.38.164, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Upon a motion by Councilman Whittemore, Ordinance No. 1896 New Series of the Council of the City of Bakersfield amending Chapter 3.18 of the Municipal Code by adding Section 3.18.020 (b) (5), Y-Rating--Positions Abolished, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Bakersfield, California, November 30, 1970 - Page 9 Re-appointment of Kenneth Hoagland, City Attorney, as Member of the Board of Zoning Adjustment. Upon a motion by Councilman Stiern, City Attorney Kenneth Hoagland was re-appointed as a Member of the Board of Zoning Adjust- ment for a three year term expiring December l~ 1973. Adoption of Resolution No. 80-70 of Award of the City Council of the City of Bakersfield, California, awarding the Contract for doing the Work in "Public Improvement District No. 854", pursuant to the Resolution of Intention adopted by said City Council on the 28th day of September, 1970. After discussion, upon a motion by Councilman Rucker, Resolution No. 80-70 of Award of the City Council of the City of Bakersfield, California, awarding the Contract for doing the Work in "Public Improvement District No. 854", to Joe C. Brown, pursuant to a Resolution of Intention adopted by said City Council on the 28th day of September, 1970, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter~ Whirremote Noes: None Absent: None City Attorney Hoagland pointed out that with the adoption of the Resolution awarding the Contract to Mr. Brown~ he can com- mence the Work fifteen days after signing the Contract and since Councilman Rucker has requested that the performance of the work be delayed until after the holiday season, it may require a change in the contract date by mutual consent. This action was approved by the members of the Council. Reception of County Clerk's Certificate of Votes Cast at the General Election held November 3, 1970 on City Measures. Upon a motion by Councilman Bleecker, the County Clerk's Certificate of Votes Cast at the General Election held November 3, 1970 on City Measures was received and ordered placed on file. The 144 Bakersfield, California, November 30, 1970 - Page l0 Votes cast on City Measures Measure A Proposition 1 Measure B - Proposition 2 Measure C - Proposition 3 Measure D - Proposition 4 are as follows: Yes No 9,473 14,748 12,870 9,425 17,003 5,252 14,875 7,758 Approval of Joint Exercise of Powers Agreement between the County of Kern and the City of Bakersfield. Upon a motion by Councilman Rucker, Joint Exercise of Powers Agreement between the County of Kern and the City of Bakers.- field which specifies the responsibility and share of costs for operation and maintenance of traffic signals at intersections of E. California Avenue and Baker Street, Brundage Lane and King Street, and Brundage Lane and Lakeview Avenue, was approved and the Mayor was authorized to execute same. Acceptance of Grant Deed from Ming Center Investment Company for drain- age sump located south of Ming Avenue between Akers and Stine Road. Upon a motion by Councilman Heisey, Grant Deed from Ming Center Investment Company for drainage sump located south of Ming Avenue between Akers Road and Stine Road, was accepted. Approval of Drainage Agreement between the City of Bakersfield and Ming Center Investment Company. Upon a motion by Councilman Vetter, Drainage Agreement between the City of Bakersfield and Ming Center Investment Company was approved and the Mayor was authorized to execute the agreement.. Approval of Plans and Specifications and Finance Director authorized to advertise for bids for paving of Service Drives in California Avenue Park and Resurfacing of portions of Chester Avenue and "F" Street. Upon a motion by Councilman Stiern, the plans and speci- fications were approved and the Finance Director was authorized to advertise for bids for paving of service drives in California Avenue Park and Resurfacing of portions of Chester Avenue and "F" Street. Bakersfield, California, November 30, 1970 - Page ll City of Bakersfield. posted and no written Office. Hearings. This is the time set for public hearing before the Council on Resolution of Intention No. 861 declaring its intention to order the vacation of a Public Service Easement in Lot 40, Tract 3334, This hearing has been duly advertised and protests have been filed in the City Clerk's Mayor Hart declared the meeting 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 Heisey, Resolution No. 81-70 ordering the vacation of a Public Service Easement in Lot 40, Tract 3334, City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Upon a motion by Councilman Whittemore, Grant Deed from Deeter Construction, Inc. for the.west 3 feet of Lot 39, Tract 3334, City of Bakersfield, was accepted. This is the time set for public hearing before the Council on an appeal by H. J. Hendricks to the decision of the Board of Zoning Adjustment denying application for a modification of an R-1 (Single Family Dwelling) Zone to permit the construction of a garage with reduction of the rear and side yard setbacks from the required 5' to 0' and 8" respectively, at 1408 Shattuck Avenue in the City of Bakersfield. This hearing has been duly advertised and posted and notices sent to the property owners affected. The proposed garage would be located on the rear property line and within 8" of the side yard property line. The application was denied primarily because the appli- cant was not present at the hearing to answer questions of the Board concerning structural problems involved in the proposed garage. The Building Department has re-evaluated the request with the applicant relative to the structural problems and recommends approval of this modification subject to the applicant complying with the City Building Code. 146 Bakersfield, California, November 30, 1970 - Page 12 Mayor Hart declared the meeting open for public partici- pation. Mr. H. J. Hendricks, the applicant, was present to answer any questions posed by the Council. No protests or objections being received, the public hearing was closed for Council delibera- tion and action. Councilman Heisey commented that the structural problems have been resolved to the satisfaction of Mr. Olsson, the the for Building Director. Planning Director Sceales advised that adjacent property owner had signed Mr. Hendrick's petition the modification. Upon a motion by Councilman Bleecker, No. 232 granting modification of an R-1 (Single Zone to permit the construction of a garage with reduction of rear and side yard setback, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Adjournment. There being no further business to come before the Council, upon a motion by Councilman Bleecker, the meeting was adjourned at 10:05 P.M. M ld, Zoning Resolution Family Dwelling) the Calif. ATTEST: C~k and Ex-~)~fic~o~eert of the of the City of Bakersfield, California Council Bakersfield, California, December 7, 1970 Minutes of the regular meeting of the Council of the City of Bakersfield held in the Council Chambers of the City Hall at eight o'clock P. M.~ December 7, 1970. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Alonzo Heath of the Bakersfield Rescue Mission. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Heisey, Rees~ Rucker~ Stiern, Vette% Whittemore Absent: Councilman Bleecker Minutes of the regular meeting of November 30, 1970 were approved as presented. Scheduled Public Statements. Wesley Eugene Borer addressed the Council, asking who hates Bakersfield and why the biggest hotel in the City, the Padre, is locked up above the second floor. He would like to have it opened up so he can obtain a room there. He asked Mayor Hart to look into the matter and stated that if the hotel is opened, he will see that the objectionable signs are removed. Responding to a request from Councilman Rucker, City Attorney Hoagland stated that all the other hotels in the City of Bakersfield comply with the Uniform Building Code regarding fire safety with the exception of the Padre Hotel which is closed above the second floor by court order. The Council would be vio- lating the court order if it permitted the hotel to be opened. An appeal could be made to the Court to set aside its ruling, but the City has gone to a lot of trouble and expense to prevail in that ruling. Correspondence. Upon a motion by Councilman Rucker, communication from Donald F. Harrison, Dean of Student Activities, thanking the Council and City officials for conducting a successful Teenage City Government Day, was received and ordered placed on file. Upon a motion by Councilman Vetter, communication from William M. Ketchum, Assemblyman~ 29th District, was received and referred to the Legislative Committee. Mr. Bergen suggested that Bakersfield, California, December 7, 1970 - Page 2 this committee make a list of suggestions for needed legislation to be included in Assemblyman Ketchum's 1971 packet to the Legis- lature, such as the forming of a Metropolitan Transit District, revision of the annexation laws, the City's revenue problems, City- County Sales Tax, etc. Upon a motion by Councilman Stiern, communication from P. K. Nicholas, partner of the Cue Ball, requesting that some action be taken either by the City or the downtown merchants relative to the removal of the blighted building adjacent to his business on Chester Avenue, was received and placed on file and referred to the City Staff for investigation and report back to the Council. Upon a motion by Councilman Stiern, J. Charles Siplin expressing appreciation to the of the Southeast Bakersfield Sewage Project, was ordered placed on file. Upon a motion by Councilman Stiern, communication from Mrs. Carolyn G. Kelleher relative to population control, was received and ordered referred to the Governmental Efficiency and Personnel Committee. Mayor Hart read a letter into the record directed to Captain R. O. Price, from Mr. M. A. Zuniga, commending the Police Department and highly praising Officer R. C. Ricards, Badge 171, for his gentleness, kindness and calm guidance at the scene of a motorcycle accident involving Mr. Zuniga's son and a girl friend. Officer Ricards' quick action in giving the boy mouth to mouth resuscitation probably saved his life and his encouragement to the parents at the hospital was most gratefully received. Mr. Zuniga closed the letter by stating that "if at times you get dis- couraged with the few people who continually criticize your efforts;, remember those many who actually can speak first hand about your men and how they appreciate and marvel at what they do." Mayor Hart commented that since taking office two years ago, he has heard many charges of brutality and dereliction of duty hurled at the Police Department, and such remarks as "Kill the Pigs", etc. It is a pleasure to receive such a masterful communication from Council for support received and Bakersfield, California, December ?, 1970 Page 3 statement of dedication to duty, which is not really above and beyond the call of duty, as every police officer is prepared to conduct himsel£ in this fashion. Councilman Stiern added that the officer involved probably thought he was just doing his job and did not feel that he had in any way acted in an outstanding manner. Council Statements. Councilman Heisey stated that pollution takes many forms throughout the country, pollution of the waters, of the atmosphere~ of the parks and public domain, by noise level, and not necessarily last, there is pollution by offensive, all-pervading, noxious odors. He pointed out that for the last two weeks the citizens of Bakers- field have been treated to a strong nauseous odor not unlike that of a skunk~ which covers a wide area and has been so strong in some parts of the community, that a person's clothing picks up and retains the smell for extended periods of time. He has been advised that a local refinery is no longer processing or burning mercaptan crude in a closed recovery system not vented to the atmosphere, but is selling this low value crude to other small refineries and is therefore polluting the air. He then made a motion that the Mayor write a letter to the Chairman of the Air Pollution Board, with a copy to the Board of Supervisors, urging a thorough investigation as to the reason for, and source of, this pollutant~ and urging its abatement at this time. This motion carried unanimously. Councilman Stiern commented that there are certain issues which he believes the City Council can enter into and make recom- mendations. One o£ these is a proposed $6,000 pay hike for the Supervisors~ to be reviewed by a blue-ribbon panel. It is his understanding that the present salary of the Kern County Board of Supervisors is $16,000, which is the third largest salary paid to Supervisors in the State of California, a very considerable amount for the job. Kern County is far from being the third wealthiest county in the State. He does not think that this is a matter for consideration by a blue-ribbon committee appointed by the members of the Board oi 150 Bakersfield, California, December 7, 1970 - Page 4 Supervisors to determine whether or not they need a salary increase. It would be more appropriate for the Supervisors to depend on the judgment of the electorate and offer the issue to the tax-paying voters for referendum at the next County election. He has received innumerable phone calls within the last month from people who are concerned about the high cost of County government; in some in- stances County taxes on property have increased 50% within the last year. He feels that there is a need for planned, cohesive, administration in County government at this time, and that more concern should be expressed for good government and less concern for vote getting. If a blue-ribbon committee is appointed, he would like to see it study and recommend reorganization of County government from top to bottom. He stated he is not at all satisfied with the performance of the Board of Supervisors and he does not think the proposed salary increase merits consideration. He asked City Attorney Hoagland which type of approach would be more appropriate, a resolution adopted by the Council, or a letter from the Mayor suggesting that the matter of the proposed salary increase for the Supervisors be presented to the people of the County for a referendum vote. Mr. Hoagland stated that he would think a letter from the Mayor on behalf of the Council would suffice. He reminded the Council that the last State Election apparently gave Super- visors the power to set their own salaries at their own discretion, and that the Board's action could be subject to a referendum. A certain percentage of the voters at the last election would have to sign a petition for a referendum, but obtaining enough signatures could be a problem. Councilman Stiern then moved that Mayor Hart be instructed to write a letter to the Board of Supervisors, suggesting that an appropriate manner of arriving at a determination of whether or not their salaries should be increased, would be to submit the matter to the voters of Kern County for a referendum vote at the next general election, which he believes is in April. Bakersfield, California, December 7, 1970 - Page 5 During discussion, Councilman Whittemore stated he agreed with Councilman Stiern, as he voiced his feelings in the matter when he read that salary increases were to be considered for the Board of Supervisors. He pointed out that both the State Legisla- ture and the United States Congress voted themselves large pay raises last year, and all of these raises will be coming out of the same taxpayers pocket. He expressed his support of Councilman Stiern's motion, as he feels this is not the way to give the tax- payers a break to increase the Supervisors' salary. Councilman Vetter stated he would agree with the concept of Councilman Stiern's comments, but he is not certain that this is the prerogative of the Council to take a position to advise the Board on what its actions should be. Personally, he would hope that the Board's salaries are not raised $6,000 a year, because it does come out of the taxpayers pocket. Councilman Stiern explained that it is not his intention that the Council tell the Board of Supervisors what to do, merely that the Council suggest that if the Board wants to know how people feel about it, that they put the matter before the voters of Kern County for a referendum vote, that this would be a better way than to submit it to a Supervisor-appointed blue-ribbon committee. Councilman Rees commented that he believes Councilman Stiern's motion has real merit, however, he thinks the proposed salary increase is something quite widely known about and discussed. The Council and the Board of Supervisors after a long history of bickering over major and minor issues, are approaching some very important areas where they should be in agreement for the mutual good. He feels it would be untimely to raise any question about salaries at this time, when it is hoped that harmonious action will be taken on such projects as the multi-purpose building, the support of various parks and the division of that support, even the transit system, where there is the necessity for the Board to cooperate with the City. He feels it would be untimely to point a finger of accusation at the Board of Supervisors. ~ 152 Bakersfield, California, December 7, 1970 - Page 6 Councilman Heisey commented that it is hard to put a price on good County government; however, he strongly believes that before there can be an e£ficient County form of government~ it will be necessary to change to a Charter form o£ government~ with a strong administrator who will efficiently run the County. The Board of Supervisors should possibly receive a salary of $500.00 a month and act as a Board of Directors. This would result in trained professionals running the County in an e££icient manner, instead of elected politicians coming in'who are not trained £or that purpose. He thinks the community needs to give some serious consideration to changing the present form of County government. Councilman Vetter stated that he would have to see a draft before he could support the motion to send a resolution or letter to the Board of Supervisors. After some further discussion, vote was taken on Council-- man Stiern's motion~ which carried~ with Councilman Rees and Vetter voting in the negative. Councilman Rucker stated that some weeks ago a letter was sent to the Board of Supervisors regarding the multi-purpose center to be constructed in the southeast section of Bakersfield. No action has been taken to date and he asked that the City Manager arrange a meeting with Supervisor Miller to discuss this matter. Councilman Rees stated that Mr. Miller had spoken to him brie£1y before the meeting and agreed that they should get together with Supervisor Fairbairn before his term expires to see where they stand and what the County is prepared to do toward providing more than $40,000 for their share of the cost of construction of the multi-purpose center. Mr. Bergen agreed to call Mr. Miller and arrange a meeting at a time which would be mutually acceptable to all parties concerned. Councilman Whittemore stated he had also talked to Mr. Miller prior to the Caucus meeting and he had stated that he would contact Supervisor Fairbairn and arrange a meeting. Mayor Hart acknowledged the presence in the Council Chambers of several members of a Government Class from East Bakers- field High School. Bakersfield, California, December 7, 1970 - Page 7 Reports. Mr. Bergen reported that a notice appearing in today's newspaper which stated that the new downtown shopping mall has forced the removal of the City bus stop at 19th Street and Chester Avenue, was a little premature. A problem does exist with the time schedule on certain bus routes because of the extra time involved in circumventing the mall area in and Chester terminal. They are evaluating follows: order to reach the 19th three alternatives as 3. Move the bus terminal from the present and Chester location. Shorten certain bus routes. Increase the present 30 minute time schedule by adding 5 or l0 minutes. 19th The terminal could be moved to the parking lot at 18th and K Streets, however, a firm determination has not been made and no plans have been finalized in this respect. Allowance of Claims. Upon a motion by Councilman Rees, Vouchers Nos. 1849 to 1930 inclusive, in amount of $53,180.21, as audited by the Voucher Approval Committee, were allowed, and authorization was granted for payment. Adoption of Resolution No. 82-70 of the Council of the City of Bakers- field finding that the City has an organized Fire Department providing adequate structural Fire protection to all property within the incorpora- ted City and requesting the Board of Supervisors of the County of Kern to exclude all property within the in- corporated area from the Structural Fire Tax. Upon a motion by Councilman Heisey, Resolution No. 82-70 of the Council of the City of Bakers£ield ~finding that the City has an organized Fire Department providing adequate structural Fire protection to all property within the incorporated City and requesting the Board of Supervisors of the County of Kern to exclude all property within the incorporated area from the Structural Fire Tax, was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Bleecker Councilman Whirremote commented that he fails to understand Bakersfield, California, December 7, 1970 - Page 8 why an incorporated City has the Structural Fire Tax, and the list sent to Assemblyman Ketchum for needed added to tion. to annually request exclusion from it was suggested that this matter be legisla- Ordinance 3.18.060 of Fire Department. Adoption of Resolution No. 83-70 of the Council of the City of Bakersfield fixing a time and place for hearing protests by persons owning real pro- perty within territory designated as "Auburn No. 2", proposed to be annexed to the City of Bakersfield. Upon of the Council in the Council hearing protests by persons owning real property within territory designated as "Auburn No. 2", proposed to be annexed to the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Bleecker Adoption of Resolution No. 84-70 of Intention to include within the Greater Bakersfield Separation of Grade District a portion of certain territory designated as "Auburn No. 2", and setting the time and place for hearing objections to the inclusion of said territory within said District. Upon a motion by Councilman Rees, Resolution No. 84-70 of Intention to include within the Greater Bakersfield Separation of Grade District a portion of certain territory designated as "Auburn No. 2", and setting January 18, 1971, in the Council Chambers of the City Hall as the time and place for hearing objections to the inclusion of said territory within said District, was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Bleecker At this time first re~ding was considered given to an of the Council of the City of Bakersfield amending Section the Municipal Code by deleting certain positions in the a motion by Councilman Heisey, Resolution No. 83-70 of the City of Bakersfield fixing January 18, 1971 Chambers of the City Hall as the time and place for First reading of an Ordinance of the Council of the City of Bakersfield amending Section 3.18.060 of the Muni- cipal Code by deleting certain positions in the Fire Department. Bakersfield, California, December 7, 1970 Page 9 Acceptance o£ City and County Clerk's Certificate of Sufficiency of Petition filed requesting a Special Election be called to submit the question of annexa- tion of that inhabited territory designated as "Terrace Way. No. 1", to the City of Bakersfield. Upon a motion by Councilman Vetter, the City and County Clerk's Certificate of Sufficiency of Petition filed requesting a Special Election be called to submit the question of annexation of that inhabited territory designated as "Terrace Way No. 1", to the City of Bakersfield was received and ordered placed on file. Adoption of Resolution No. 85-70 of the Council of the City of Bakersfield declaring its intention to call a Special Election in certain inhabited territory contiguous to.said City pro- posed to be annexed thereto, for the purpose of submitting to the qualified electors residing in said territory the question whether said territory shall be annexed to the City of Bakersfield and fixing a time and place when and where any persons owning real property within such territory may appear before said Council and show cause why such terri- tory should not be so annexed. Upon a motion by Councilman Vetter, Resolution No. 85-70 of the Council of the City of Bakersfield declaring its intention to call a Special Election in certain inhabited territory contiguous to said City proposed to be annexed thereto, for the purpose of submitting to the qualified electors residing in said territory the question whether said territory shall be annexed to the City of Bakersfield and fixing January 11, 1971 in the Council Chambers of the City Hall as the time and place when and where any person owning real property within such territory may appear before said Council and show cause why such territory should not be so annexed, was adopted by the following vote: Ayes: Councilmen Heisey, Rees~ Rucker, Stiern, Vetter, Whirremote Noes: None Absent: Councilman Bleecker 156 Bakersfield, California, December 7, 1970 - Page 10 Acceptance of Grant Deed from Evangel Assembly of God Church. After discussion, upon a motion by Councilman Rucker, Grant Deed from the Evangel Assembly of God Church was accepted. Encroachment Permit granted San Joaquin Hospital, 2628 Eye Street. Upon a motion by Councilman Heisey, Encroachment Permit was granted San Joaquin Community Hospital, 2628 Eye Street, for construction of hospital entrance steps and planter curbs within the street right-of-way between the back of sidewalk and the property line. Acceptance of Work and Mayor authorized to execute Notice of Completion for Contract No. 86-70 for construction of Curb and Gutter for 42nd Street between Chester Avenue and Union Avenue. Upon a motion by Councilman Heisey, the Work was accepted and the Mayor was authorized to execute Notice of Completion for Contract No. 86-70 for construction of Curb and Gutter for 42nd Street between Chester Avenue and Union Avenue. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Vetter, the meeting was adjourned at 9:10 P.M. ATTEST: C~ ~'~ an~'~{icl~/ ~er~ of the Council of the City of Bakersfield, California Bakersfield, California, December 14, 1970 Minutes of City of Bakersfield, California, the City Hall at eight o'clock P. by the Dickau Present: Mayor Hart. Absent: None Minutes of the approved as presented. Clubs, the regular meeting of the Council of the held in the Council Chambers of M., December 14, 1970. The meeting was called to order by Mayor Hart followed Pledge of Allegiance and Invocation by the Reverend Clifford of the Belle View Baptist Church. The City Clerk called the roll as follows: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore regular meeting of December 7, 1970 were Scheduled Public Statements. Mrs. Dorothy Smith of the Business and Women's Professional thanked the City Council, the City Manager and the Fire Chief for their cooperation in explaining the report from the Governmental Efficiency and Personnel Committee, so that she could understand the statement that it is economically feasible to phase out the women Fire Alarm Operators. She does not agree with this, and suggested that before the Fire Alarm Operators are phased out completely, the Council give consideration to employing only women on the Fire Alarm System, thus freeing the Firefighters for active fire suppression. She has been told that the Fire Alarm Board does not keep one person busy for the entire shift, and suggested that clerical work be channeled to the person on standby, thus cutting costs for the City. She thanked the Council for giving her an opportunity to be heard, and expressed the hope that her suggestions will be considered before the Council makes its Mr. Mortimer Lopez, of Spanish Americans, stated to express appreciation and to cellent job for all members of final decision. National President of the Commission he was instructed by this organization thank the Council for doing an ex- the community. Bakersfield, California, December 14, 1970 - Page 2 Correspondence. Upon a motion by Councilman Heisey, communication from Betty Kelleher, 5804 Stockdale Highway, regarding a noxious odor emanating from a petroleum company, was received and referred to the Kern County Air Pollution Board, which will be meeting in the Supervisor's Chambers at three o'clock P. M., on Tuesday, December 15, 1970. Councilman Bleecker commented that he does not believe the County's Air Pollution Control Board is doing very much to correct the air pollution problem for the City, and if this type of inactivity continues, the City may have to take a hand to abate the odor coming from a feed lot located in southeast Bakersfield. He read a letter written by Mayor Hart to the Air Pollution Board requesting that an investigation be made and action taken regarding certain unpleasant, offensive odors City, and stated this action on the that the City does take an interest which have been pervading the part of the Mayor would indicate in the abatement of air pollution. Upon a motion by Councilman Bleecker, communication from Mrs. Raymond E. Blair, requesting the installation of an automatic traffic signal on 24th Street between Oak and "F" Streets and a left turn lane for residents of Westchester Riviera, was received and referred to the City staff for study and to the Division of Highways for a survey and report, relative to the feasibility of installing a traffic signal somewhere between Oak and "F" Streets on 24th Street. In response to a request from Don C. Hoffman, Executive Secretary of the Kern County Fire Fighters Union, Inc., upon a motion by Councilman Vetter, Resolution No. 88-70 supporting "Operation Gratitude" and "Appreciation Day" on Tuesday, December 15, 1970, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: None Copies of the Resolution are to be furnished to the National Committee for Responsible Patriotism, Inc., the Kern County Fire Fighters Union, Inc., the Bakersfield Fire Department and the Bakersfield Police Chief. Bakersfield~ California, December 14, 1970 - Page 3 1 59 Council Statements. Councilman Heisey stated that he had been working closely with the College Heights School P.T.A. and the Myra Noble School P.T.A., in an attempt to alleviate the traffic hazard at the inter- section of Height Street and Sunny Lane. He has been in close contact with the Division of Highways to work out a solution to the problem and arranged a meeting recently with Mrs. Fink of the College Heights School P.T.A. and officials of the State Division of Highways. After discussion of possible alternatives, the State agreed to take action to reduce the hazard to the school children crossing Height Street by making three major changes at this intersection and along Height Street from Mr. Vernon to Sunny Lane. They have agreed to reduce the speed limit from 45 to 40 miles per hour, install addi- tional large signals on the left hand side of the intersection as it is approached from the east which will be visible from Mr. Vernon Avenue, and in addition, will install flashing yellow warning signals for the westbound traffic approaching Sunny Lane. He wished to emphasize that whenever students are visible and using the streets, the speed limit is automatically 25 miles per hour. The three changes mentioned should be in effect by Thursday of this week. Councilman Heisey commented on the Kern County Water Agency's proposed hearing on a $20,000,000 cross-valley canal and a water treatment facility for Greater Bakersfield. He stated that the City of Bakersfield has not had an opportunity to study the cost estimates released by the Agency last week to determine whether they are correct or wild "guesstimates." The City's Water Engineer is looking forward to completely analyzing all the costs involved. He explained that misleading statements were made by the Agency in the article published in the local newspaper and that the City has not entered into any formal agreement in support of the proposed project. Councilman Vetter asked to have a Governmental Efficiency and Personnel Committee meeting held as soon as possible, to study the resolutions submitted to the Council by the Teenage City Council some time ago. After discussion, the meeting was scheduled for Tuesday, December 15, 1970, at noon. 160 Bakersfield, California, December 14, 1970 - Page 4 it, can be decided upon. Also, it is not feasible to obtain property for the right turn lane until the development of the northwest quadrant is determined. Councilman Vetter asked if any studies or reports have been made on the traffic problem existing at Oak Street and California Avenue. This particular intersection presents a serious problem and as this area continues to expand, the problem will continue to grow. He asked if some traffic studies could be made to alleviate the situation. Councilman Stiern has talked about the possibility of installing a right turn lane into California Avenue, and that might help, but the problem has become so great, there must be some major changes made soon, as this intersection has developed into a real bottleneck. Mr. Bergen stated that a right turn lane is not the major problem, but it would help with that traffic going south wanting to turn west. The fundamental problem is that more traffic is using this intersection than it can handle, and it will be necessary to provide alternate routes. The staff has been talking to the Division of Highways and the Grade Separation District about but until the freeway determination is made, no alternatives Councilman Heisey commented that a couple of months ago he asked the staff to work with the Grade Separation District on this problem. It would be well to bear in mind that an election will be coming up in a few months and the Grade Separation District should be encouraged to take some action to start working on a ballot measure. Councilman Bleecker asked the City Manager if a right turn coming down the overpass going south, would alleviate a lot of the problem existing at this intersection. Mr. Bergen said it would help that traffic movement but the property necessary to accomplish this is very expensive. There is a good change of having it dedicated to the City as soon as a decision is made on the development, but he couldn't recommend to the Council to go in and condemn the property at this time. Bakersfield, California, December 14, 1970 - Page 5 Councilman Bleecker commented that he thinks this is a problem that should be taken care o£ immediately, and he would seriously suggest that the City make every e£fort to negotiate with the present owner and any other prospective owner, to deed the City enough right of way to have a right turn lane going west on California Avenue. The present negotiations may take years, and this is a problem which should be given serious consideration at the present time. Allowance of Claims. Upon a motion by Councilman Bleecker~ Vouchers Nos. 1931 to 1999 inclusive, in amount of $77,183.00, as audited by the Voucher Approval Committee~ were allowed, and authorization was granted for payment. Action on Bids. Upon a motion by Councilman Rucker, low bid of Acme Rotary Broom Service for annual contract for Street Sweeper Brooms, was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rees, low bid of Chevron Chemical Co. for annual contract for Agriculture Chemicals was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. After discussion, upon a motion by Councilman Vetter, bid of Specialized Spray Service for removal of Weeds under Phase II of the Weed Abatement Program was accepted, this being the only bid received, and the Mayor was authorized to execute the contract. After discussion, upon a motion by Councilman Vetter, low bid of DeWald Fabricators, Inc. to furnish 50 Refuse Containers was accepted~ and all other bids were rejected. Upon a motion by Councilman Stiern, low bid of W. D. Harrison for construction of Restroom-Storage Building at Centennial Park was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. 162 Bakersfield, California, December 14, 1970 - Page 6 Adoption of Ordinance No. 1887 New Series of the Council of the City of Bakersfield amending Section 3.18.060 of the Municipal Code by deleting certain positions in the Fire Depart- ment. Councilman Stiern asked the City Manager if he had been successful in transferring the Fire Alarm Operators into other positions within the City, and Mr. Bergen stated that all the ladies had been placed who were interested in other positions. One was not interested and so informed the Civil Service Board. When the Ordinance is effective in thirty days, the Fire Alarm Operator positions will be deleted from the Municipal Code. Councilman Stiern asked the name of the operator who was not interested in another position in the City and Mr. Bergen stated it was Mrs. Effie Ingram. Councilman Stiern then asked the City Clerk to read into the record the following letter addressed to the Chairman of the Miscellaneous Civil Service Board from Mr. Don C. Hoffman, Executive Secretary of the Kern County Fire Fighters Union, Inc. in order to clarify the matter for those people who are interested in this situation: James F. Flinn, Acting Chairman Miscellaneous Departments Civil Service Board 1501 Truxtun Avenue Bakersfield, California 93301 Re: Mrs. Effie Ingram Dear Mr. Flinn: As the authorized agent acting on behalf of Mrs. Ingram, I wish to reply to your letter of November 20, 1970, regarding examinations for possible positions in another department of Bakersfield City, for ~rs. Ingram. I have advised Mrs. Ingram that she is to take no examinations, to reply to no letters or accept any interviews regarding employment in Bakersfield City. Mrs. Ingram is now permanently employed with the Bakersfield Fire Department and there is no reason to believe she shall not continue this employment. Bakersfield, California, December 14, 1970 - Page 7 Although it is of no concern to the Miscellaneous Civil Service Board, it is our position that any attempt to remove these female alarm operators from their present positions, is in violation of State Law and the Bakersfield Fire Department Civil Service regulations, and will be met with instant, militant and legal action by this union and the attorneys which represent us. /S/ D.C. Hoffman Executive Secretary Councilman Rees commented that he did not like to see anyone displaced or anything interfere with the efficiency of a department. Some weeks ago he took a position on the matter of the Fire Alarm Operators, and he sees no reason to change it. Therefore, he intends to vote "no" on this Ordinance. Councilman Vetter commented briefly to Mrs. Smith, who had addressed the Council earlier. He wanted her to know that it is not a matter of delaying the action that is proposed tonight, it has been pretty well established that this is the decision of the Council. The Council was very concerned.and instructed the staff to make every effort to place the individual Alarm Operators in other positions within the City, and the three individuals who have accepted the positions offered, are receiving the same salary paid them as Fire Alarm Operators. It would appear that the one operator who has not been transferred does not want to accept employment in another department. Councilman Vetter then made a motion to adopt Ordinance No. 1897 New Series of the Council of the City of Bakersfield amending Section 3.18.060 of the Municipal Code by deleting certain positions in the Fire Department. This motion carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Stiern, Noes: Councilmen Rees, Rucker, Whittemore Absent: None Vetter 164 Bakersfield, California, December 14, 1970 - Page 8 First reading of an Ordinance of the City of Bakersfield amending Section 9.08.050 (a) and (b) of the Municipal Code providing for payment of Dog License Fees biannually. At this time first reading was considered given to an Ordinance of the City of Bakersfield amending Section 9.08.050 (a) and (b) of the Municipal Code providing for payment of Dog License Fees biannually. Councilman Heisey asked the staff to make a check to compare the revenue collected from Dog License Fees under the present system with the revenue collected when veterinarians issued dog licenses from their officest and make a report back to the Council next week. Reception of City and County Clerk's Certificate of Sufficiency of Petition requesting a Special.Election be called to submit the question of annexation of that inhabited territory designated as "Curran No. 1"~ to the City of Bakers- field. Upon a motion by Councilman Vetter, the City and County Clerk's Certificate of Sufficiency of Petition filed requesting a Special Election be called to submit the question of annexation of that inhabited territory designated as "Curran No. 1", to the City of Bakersfield, was received and ordered placed on file. Total number of qualified electors registered as voters. 688 Total number of signatures 207 Unqualified signatures 22 Total number of qualified signatures 185 The number of signatures on the petition does meet the requirements of Section 35116 of the Government Code and is sufficient. Bakers£ield, California, December 14, 1970 - Page 9 Adoption of Resolution No. 86-70 of the Council of the City of Bakers- field declaring its intention to call a Special Election in certain inhabited territory contiguous to said City pro- posed to be annexed thereto, for the purpose of submitting to the qualified electors residing in said territory the question whether said territory shall be annexed to the City of Bakersfield, and fixing a time and place when and where any person owning real property within such territory may appear before said Council and show cause why such territory should not be so annexed. Upon a motion by Councilman Vetter, Resolution No. 86-70 of the Council of the City of Bakersfield declaring its intention to call a Special Election in certain inhabited territory contiguous to said City proposed to be annexed thereto, for the purpose of submitting to the qualified' electors residing in said territory the question whether said territory shall be annexed to the City of Bakersfield, and fixing February 1, 1971, in the Council Chambers of the City Hall at eight o'clock P.M., as the place and time when and where any person owning real property within such terri- tory may appear before said Council and show cause why such terri- tory should not be so annexed, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Adoption of Resolution No. 87-70 of the Council of the City of Bakers- field deleting one Council Meeting in the month of December, 1970. Upon a motion by Councilman Bleecker, Resolution No. 87-70 of the Council of the City of Bakersfield deleting Council Meeting of December 28, 1970, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None 60 day Leave of Absence Without Pay granted Robert Thomas, Automotive Serviceman for Transit System. Upon a motion by Councilman Bleecker, 60 day Leave of Absence Without Pay was granted Robert Thomas, Automotive Service- man for Transit System. 166 Bakersfield, California, December 14, 1970 Page 10 Purchasing Division authorized to negotiate for discount prices for automotive original equipment re- placement parts. Mayor Hart stated he wished to relinquish the gavel to the Vice-Mayor in order to avoid any real or imaginary conflict of interest relative to the purchase of automotive replacement parts from the S. A. Camp Motor Company. After explanation by Finance Director Haynes, upon a motion by Councilman Bleecker, the Purchasing Division was granted authorization to negotiate discount prices based upon special discounts from catalog prices for automotive original equipment replacement parts, from the S. A. Camp Motor Co., Haberfelde Ford, and Three-Way Chevrolet Co. Approval of Drainage Agreement between Pacific Gas and Electric Company, County of Kern and City of Bakersfield. Upon a motion by Councilman Bleecker, Drainage Agreement between Pacific Gas and Electric Company, County of Kern and City of Bakersfield for disposal of storm water which originates within the Wible Road and White Lane Street right of way, was approved, and the Mayor was authorized to execute same. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Bleecker, the meeting was adjourned at 9:15 P.M. MAY~h~City of Bakersfield, Calif. ATTEST: of the City of Bakersfield, California Bakersfield, California, December 21, 1970 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 21, 1970. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Walter Heisey. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Absent: None Minutes o£ the regular meeting of December 14~ 1970 were approved as presented. Correspondence. Upon a motion by Councilman Whittemore, communication from the Southern Sierra Council of Boy Scouts expressing apprecia- tion to the Council for support of "Operation Greenhorn" project, was received and ordered placed on file. Council Statements. Councilman Stiern commented that at last week's meeting the subject of the hazardous intersection at California Avenue and Oak Street was discussed at some length and the Council at that time asked that something be done about it. As Mr. Bergen had explained to the satisfaction of the Council that there would be some delay before any changes can be made, Councilman Stiern asked the City Manager if in the interim period, yellow blinker caution lights could be installed on the south bound lane, so that motorists will be aware there is some danger ahead and slow down. Mr. Bergen stated that the staff has already discussed this possibility and the material has been ordered. He will make a report at the next Council meeting on the estimated date the installation will be completed. Councilman Vetter nominated Mr. Walter Wickersham for re-appointment as a member of the Police Department Civil Service Board for a six year term expiring December 31~ 1976. Vote was taken on this nomination~ which carried unanimously. Councilman Heisey nominated Mr. Eugene Oldershaw for re-appointment as a member of the Fire Department Civil Service Bakersfield, California, December 21, 1970 Page 2 Board for a six year term expiring December 31, 1976. Vote was taken on the nomination, which carried unanimously. Councilman Stiern moved that Mr. H. L. Butcher be re- appointed as a member of the Citizens Auditorium-Recreation Com- mittee for an eight year term expiring January 3, 1979. This motion carried unanimously. Councilman Heisey commented on a report received from the Finance Department on revenues received during the last year from the issuance of dog licenses. He pointed out that there had been a 20% drop in the number of dog tags issued since the last year veterinarians sold dog tags. He asked that the matter be referred to the Budget Review and Finance Committee for investiga- tion and report back to the Council stating that the fees should either be collected or eliminated, if it is not worth making an effort to license all the dogs in the City. Councilman Stiern explained that for a period of about 25 years veterinarians did issue dog licenses in their offices at the same time they vaccinated dogs, and made monthly returns to the Tax Collectors office. They probably would be still issuing licenses, but the County increased the license fee from $1.00 to $2.50, at which time the veterinarians discontinued the practice. He stated that the newly proposed two year licensing program will undoubtedly purchase tags good for two years as the dogs will be vaccinated for a two year period. Councilman Bleecker commented that it might be a good idea to require that dogs be vaccinated as a public health measure, without any additional charge for a dog license as the revenue from this source is minimal. He moved that the City ordinance be changed to require proof of vaccinations only for dogs within the City Limits and that the requirements for a dog license be deleted from the ordinance. Councilman Whittemore pointed out that this matter had been referred to the Budget Review and Finance Committee and rather than voting on Councilman Bleecker's motion this evening, he would Bakersfield, California, December 21, 1970 - Page 3 prefer to wait until the Committee makes its report. After dis- cussion, Councilman Bleecker withdrew his motion. Mayor Hart commented that a gentleman appeared before the Council not too long ago with the inquiry "who hates Bakers- field," and asked the Mayor to look into the matter of the Padre Hotel which is closed above the second story because it does not comply with the City's Uniform Building Code. Mayor Hart pointed out that newspaper articles relative to the Porter Square Hotel were lost stated that the failed to install hallway that Los Angeles Fire "fire trap." In addition, fire in Los Angeles where some 22 lives owners of the substandard structure had firedoors and closes stairwells, and Inspector Len Larkin termed the building a the fire that swept through Tucson's Pioneer Hotel early yesterday killing 29 people could have been prevented by an adequate fire alarm system and sprinklers, according to Fire Chief E. B. Slagel of Tucson. The City of Bakersfield directed the management of the Padre Hotel to install stairway and transom enclosures or sprinkler systems throughout, to be in compliance with the Uniform Building Code. The owner refused and consequently was ordered to close the hotel by County Superior Court Judge Locke. Despite a reversal of this opinion by the Appelate Court following the owner's appeal, the Supreme Court of the State of California enforced the original order to close, which was subsequently upheld by the Federal Supreme Court. He commented that in every instance where there have been serious fatalities in hotel fires in this nation, it is be- cause the owners have failed to comply with the ordinances for present day building code requirements. In view of the tragic fires, he felt that it was time he made a comment to the Council, that he does not care to debate the matter of "who hates Bakers- field", but wishes only to commend the Council for its adoption years ago of hotel fire safety regulations which have probably prevented the occurrence of a tragic hotel fire in Bakersfield, and for maintaining that stand in spite of dramatic appearances before the Council on various occasion. 170 Bakers£ield, California, December 21, 1970 - Page 4 Councilman Bleecker commented on the hazardous traffic conditions on 24th Street, which is in his ward. He stated there is no left turn lane into Riviera Westchester going east on 24th Street, although there are left turns on virtually every cross street £rom Oak Street to "F" Street. He asked the staff to investigate the £easibility of installing a left turn lane into Riviera Westchester, as there is a continual back log of traffic at this intersection during peak periods. Mr. Bergen stated this is a state highway and it will be necessary for the Division of Highways to act; however, he will take the matter up with them to see what can be done to alleviate the traffic congestion. Councilman Bleecker stated he would like to have copies of any correspondence with the Division of Highways. Reports. Councilman Whittemore, Chairman of the Governmental Efficiency and Personnel Committee, reported on a recent meeting held to consider a list of six resolutions presented to the Council by the Student City Council members who participated in the 16th Annual Teenage City Government Day. The Resolutions were discussed and recommendations were made as follows: (a) Resolution requesting the adoption o£ the Tydings Resolution concerning population control. Recommendation that the Council take no action. (b) Resolution requesting City Council action regarding the harm£ul conditions at rail- road crossings within the City Limits; specifically, the railroad tracks at "F" and 14th Streets and "G" and 14th Streets. Recommendation that the Council support this Resolution. (c) Resolution requesting City Council investi- gation and action concerning the acute traffic congestion on 24th Street. Recommendation that the City Council support this Resolution. Bakersfield, California, December 21, 1970 - Page 5 (d) Resolution requesting the City Council recommend that a student from one of the Kern High School District Schools be placed as a voting member on the Board of Trustees. Recommendation that the Council not support this Resolution. (e) Resolution requesting better protection at school functions. Recommendation that the Council take no action on this Resolution, as the Committee could not determine any instances to sub- stantiate the charges made in this matter by the Student Council. (f) Resolution requesting the establishment of a student advisory commission and the estab- lishment of a student advisor responsible to the City Council comprised of City High School students. Recommendation that the Council take no action on this Resolution. Council meetings are open to citizens and they are invited to participate in local affairs. In conclusion, the Committee thanked the students who participated in this Student Government Day and hoped that they learned something about City Government that will benefit them and the City in years to come. Upon a motion by Councilman Stiern, the Report was received and adopted, and copies were ordered sent to the appro- priate students and advisors. Allowance of Claims. Councilman Bleecker moved approval of all vouchers except those marked EMMA. This category is not familiar to him and he wishes payment to be withheld on these vouchers until he has the opportunity to check witk the City Manager to determine the legitimacy of the EMMA vouchers. Vouchers Nos. 2047 to 2145 inclusive, in amount of $144,374.08 were approved, and Vouchers Nos. 2000 to 2046 inclusive~ in amount of $11,670.01~ were conditionally approved subject to perusal by the Chairman of the Voucher Approval Committee. After discussion, this motion carried unanimously. 172 Bakersfield, California, December 21, 1970 - Page 6 Action on Bids. After discussion, upon a motion by Councilman Bleecker, low bid of Urner's Chrysler-Plymouth for 17 new 1971 automobiles and one 9-passenger station wagon was accepted, and all other bids were rejected. The low bid is $700.00 per unit more than paid for cars a year ago. This follows the trend that has been apparent throughout the State in that the increase is largely due to the manufacturer's policies of reduced fleet discounts on the 1971 models. Transfer of Funds. Upon a motion by Councilman Bleecker, from Fund 11-510-6100 to Fund No. 11-620-7200, 81-620-7200 in amount of $5,661.61, was approved. vide funds from the Council's Contingency Account of automobiles, as the low bid price exceeded the resulting from the automobile manufacturers discontinuing fleet discounts. Adoption of Ordinance No. 1898 New Series of the City of Bakersfield amending Section 9.08.050 (a) and (b) of the Municipal Code providing for payment of Dog License Fees bi- annually. Budget Transfer 11-690-7200 and This will pro- for the purchase budgeted amounts Ordinance No. 1898 New Series of the City of Bakersfield amending Section 9.08.050 (a) and (b) of the Municipal Code providing for payment of Dog License Fees biannually, was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: Councilman Bleecker Absent: None First reading of an Ordinance of the Council of the City of Bakersfield amending Section 7.52.190 "Rates and Fares" of the Municipal Code of the City of Bakersfield. After discussion, first reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 7.52.190 "Rates and Fares" of the Municipal Code of the City of Bakersfield. After discussion, upon a motion by Councilman Vetter, Bakersfield, California, December 21, 1970 - Page 7 First reading of an Ordinance of the Council of the City of Bakersfield adding Chapters 11.12.060 (i) and 11.04.572 to the Municipal Code pro- hibiting the removal of traffic control markings on vehicle tires. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Chapters 11.12.060 (i) and 11.04.572 to the Municipal Code prohibiting the removal of traffic control markings on vehicle tires. Claim for damages and Audrey Harris City Attorney. from C. J. Harris referred to the Upon a motion by Councilman Heisey, claim for damages from C. J. Harris and Audrey Harries was referred to the City Attorney. Approval of Agreement with the Bakers- field Swim Club. Upon a motion by Councilman Rucker, Agreement between the City of Bakersfield and the Bakersfield Swim Club for com- petitire swimming was approved and the Mayor was authorized to execute same. Purchasing Division authorized to negotiate discount prices for fire extinguisher parts, chemicals and supplies. Upon a motion by Councilman Vetter, the Purchasing Division of the Finance Department was authorized to negotiate discount prices for fire extinguisher parts, chemicals and supplies. Acceptance of Work and Notice of Com- pletion for Contract No. 102-70 for Construction of Slumpstone Masonry Walls at International Square. Upon a motion by Councilman Heisey, the Work was accepted and the Mayor was authorized to execute the Notice of Completion for Contract No. 102-70 for Construction of Slumpstone Masonry Walls at International Square. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Heisey, the meeting was adjourned at 9:15 P.M. MAYOR . ATTEST: CITY'CLERK and Ex-Offx~cio Clerk of the Council ~f the City of Bakersfield, California