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HomeMy WebLinkAboutJULY - SEPT 1971 1_09 Bakersfield, California~ July 12, 1971 Minutes of the regular meeting of the Council of the City of Bakersfield, California, the City Hall at eight o'clock P. The meeting was called held in the Council Chambers of M., July 12, 1971. to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Samuel Rucker. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Absent: None Minutes of the regular meeting of June 28, 1971 were approved as presented. Scheduled Public Statements. Dr. Parley Kilburn, Director of the Kern County Inter Agency Council on Drug Abuse, addressed the Council, stating that he was representing a group of young people referred to as "Just People" who are endeavoring to find a location within the City of Bakersfield where they can get together and discuss their mutual problems. He pointed out that there is a dire need for a Teen Center in Bakersfield. This group had selected one site but were told by the Police Department that it would be objectionable to open a coffee house at this location because of lack of adequate parking and opposition from adjacent businesses. He stated that this group is supported by the Bakersfield Junior Chamber of Commerce, the Kern County Mental Health Associa- tion, the Council of Churches and a number of other concerned groups and citizens who are interested in developing a creative arts and recrecational center. They had finally decided upon the City-owned building at 20th and L Streets and a contract has been tentatively drawn up for this. In the meantime, they were told that this was not a suitable site and they could not open a coffee house there. They are asking now for the support of the Council in order to go ahead and open a Teen Center within the confines of the City of Bakersfield. The question to be decided this evening is whether or not the City is going to support young people by allowing them a chance to do things for themselves, by giving them Bakersfield, California, July 12, 1971 - Page 2 an opportunity to prove what they can do. He has visited teen centers throughout the state and they all observe the following three rules: (1) No drugs in the building at any time. (2) No sexual activity. (3) No violence. He asked the Council's per- mission to go ahead with the development of a Teen Age Center if another building is found within the confines of the City. Councilman Rees commented that Dr. Kilburn comes with proper credentials to speak about the youth group. He is sponsored! by respected and responsible individuals. He is not asking the Council for financial support, he is merely asking for permission to lease suitable quarters for the group to meet. He asked the City Manager for an explanation for not renting the building at 20th and L Streets to Just People. Mr. Bergen stated they were trying to obtain the best offer possible to lease the building and cited offers they had received. At the present time they are negotiating with a company who has indicated an interest in leasing the building for a five year period. He stated that he was not aware until last week that the Just People group was interested in leasing the building. He has not had a report from the Police Department indicating approval or disapproval, because it has never got to that point. City Attorney Hoagland commented that he has two leases on his desk, one from the Just People group and the other from Hyland Labs. The Hyland lease is much better financially, as they have asked the City for a five year lease of the building. Nego- tiations have been conducted by the Finance Department to obtain the best lease possible. Councilman Whittemore stated he was very much interested in Dr. Kilburn's program, but he is also concerned about the manner by which the City building is leased. He endorses the policy of advertising for bids, as he thinks everyone should have an equal opportunity to bid on the property and have if occupied as soon as possible. It should be definitely set out in the bid specifications Bakersfield, California, July 12, 1971 - Page 3 what the City's responsibility is as far as maintaining the building, etc., and what will be expected of the lessee, which is the only way he would approve any lease that comes before the Council. After discussion, Councilman Bleecker moved that the request of the Just People group be referred to the Civic Auditorium- Recreation Committee for study and report back to the Council. This motion carried with Councilman Rees voting in the negative. Mrs. Robert Carter of 1213 Terrace Way, addressed the Council on behalf of herself and her husband, stating that she was seeking damages for a back door at her residence which was broken down by two members of the Police Department while arresting her son. Upon seeking payment from the City's insurance adjuster, she was informed that the police were within their rights in damaging the door and no payment would be made. Mayor Hart asked the City Attorney what recourse Mrs. Carter had, and Mr. Hoagland stated that she should file a civil claim with the City, which will then be referred to the City Attorney and to the Insurance Company. Correspondence. Upon a motion by Councilman Whittemore, communications from James. E. Uding, Poundmaster, California State Humane Officer, and Miss Patricia Kirby, 3214 Granada Avenue, relative to alleged conditions existing at the City Dog Pound, were received and ordered placed on file. The City Clerk read a communication from Bakersfield Parlor #42 of the Native Sons of the Golden West commending the City Council for its recognition of Independence Day July 4fh, and Admission Day September 9th, as official holidays. Council Statements. Councilman Rucker stated that he has received complaints from constituents in his Ward relative to the speeding and ignoring of the Stop Sign at the intersection of South Owens Street and Potomac Avenue. Mr. Bergen stated he would ask the Traffic Authority to investigate the matter and make a report back to the Council. Bakersfield, California, July 12, 1971 - Page 4 Reports. Councilman Robert Whittemore, Chairman of the Governmental Efficiency and Personnel Committee, reported on a meeting of this Committee held to discuss the reorganization of the Auditorium- Recreation Department. Five years ago the Auditorium Department and Recrecation Division were combined into one department with the merging of personnel. Since that time, certain changes have taken place which have caused difficulties. Key people in both the Auditorium and Recreation operation have left, and new responsibilities had to be placed on the newly acquired people to help in the efficient operation of the department. The Auditorium-Recreation Manager has made recommendations as follows: 1. It is the recommendation that the Assistant Auditorium- Recreation Manager be relieved of his duties at the Auditorium, with the administrative duties of the Auditorium to be removed from his job specifications, and the job reclassified to Assistant Recreation Manager. 2. It is recommended that the Auditorium Stage Manager's duties be increased to reflect his assistance in the Auditorium duties and his job specifications be increased to reflect his duties. It is also requested that his salary be increased to Range 51 to reflect his additional duties and to make his pay equal to that of the Assistant Recreaction Director. It is the opinion of the Auditorium-Recreation Manager and this Committee that these recommendations will enhance the efficiency in the operation of this department. The Civil Service Board has reviewed the enclosed specifications and concurs with this action. Councilman Medders asked if the personnel affected by this recommendation have been informed of the action to be taken. Councilman Whittemore stated he was sure that they had been. 1_13 Bakersfield, California, July 12, 1971 - Page 5 Councilman Medders asked why the Recreation Department was placed under the supervision of the Civic Auditorium. Council.- man Whittemore stated they had discovered a number of years ago that the Recreation Department was never authorized or created. The fact that the Civic Auditorium is closely tied in with recrea- tion caused the Council several years to determine that the best form of operation would be to combine the Division of Recreation and the Department of the Civic Auditorium, and it has proved to be an economical move as far as the City is concerned. Councilman Medders stated he can see conflicts of per- sonalities and he feels there is a motive behind this move to force an employee's retirement at 55 years of age. Mayor Hart asked to be enlightened on the matter as he sees no reference to Councilman Medders' statement in the report. Councilman Whittemore commented that he doesn't feel there is any guarantee that this couldn't happen, but it would have to be determined by the next year's performance. He then moved adoption of the report. Councilman Bleecker commented that since the report involved personnel and he is a member of the Committee that approved this report which was discussed in detail by the Committee, he asked the Mayor if there would be any objection to holding a short executive session regarding personnel. Since there was no objection from any member of the Council, the Mayor declared the meeting recessed at 8:40 P.M. for this purpose. The Council reconvened at 9:00 P.M. Mayor Hart stated that the motion had been made by Councilman Whittemore to adopt the report. This motion carried by the following roll call vote: Ayes: Noes: Absent: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore None None 114 Bakersfield, California, July 12, 1971 - Page 6 Consent Calendar. The following items were listed on the Consent Calendar: (a) (b) Allowance of Claims Nos. 4542 to 4653 inclusive, and Nos. 1 to 19 inclusive, in amount of $248,021.44. Plans and Specifications for Construction of Sanitary Sewer in Belle Terrace and Relocation of Sanitary Sewer in Summer Tree Lane. Temporary Turnaround Easement from Stock- dale Development Corporation for Tract No. 3504. (c) (d) Street Right-of-Way Deed from Morosa Properties, 4800 Stine Road. City of Bakersfield Standard Drawing S-38, Standard for Construction of an Industrial Sand Trap. Sewer Easement from Watson Realty Company and James, Alfred and Jack Saba. Storm Drain Easement from Kern County Joint Union High School District. (e) Street Easements from Stockdale Develop- ment Corporation for Kroll Way and Montalvo Drive adjacent to Tract No. 3363. (f) (g) (h) Street Right-of-Way Deed from the Full Gospel Revival Center of Bakersfield. (i) a motion by Councilman Medders, Items (a), (b), (c), Upon (d), (e), (f), adopted by the Ayes: (g), (h) and (i) of the Consent Calendar were following vote: Thomas, this Noes: Absent: Councilmen Bleecker, Heisey, Medders, Rees~ Rucker, Whittemore None None Councilman Heisey commented that the Police ~eport morning mentioned the large number of bicycles that were being stolen and that the Police Chief has urged everyone who owns a bicycle to register it as it is easier to trace them when they are stolen. It has occurred to Councilman Heisey that if the news media would print the form for registering bikes in the newspaper, all a citizen would need to do is fill in the form and mail it in to the Police Department to register his bicycle. Bakersfield, California, July 12, 1971 -Page 7 Action on Bids. Upon a motion by Councilman Rucker, bid of Service Oil Company for Automotive Lubricants was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Heisey, low bid of B.C. Chemicals for Annual Contract all other bids were rejected, execute the contract. Water Treatment Chemicals was accepted, and the Mayor was authorized to Upon a motion by Councilman Whittemore, low bid of William H. Schallock, Inc. for Construction of Planz Road Sanitary Sewer was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Action deferred until next meeting on Ordinance of the Council of the City of Bakersfield amending Chapter 11.04 of the Municipal Code by adding Section 11.04.739, Traffic Restrictions on Service Roads adjacent to South Chester Avenue. Councilman Thomas asked Director of Public Works Jing for an explanation regarding the proposed traffic restrictions on service roads adjacent to South Chester Avenue. Mr. Jing stated that the one way movement was needed for the signal installation. Councilman Thomas expressed his concern for the necessity for motorists to either make a U Turn or a left turn at E1 Rancho in order to cross over, which seems to him to be a traffic hazard. Mr. Jing stated that the survey for the movement was made by the Traffic Authority and was considered the safest way to handle it. Councilman Thomas then moved that action on proposed Ordinance of the Council of the City of Bakersfield amending Chapter 11.04 of the Municipal Code by adding Section 11.04.739, Traffic Restrictions on Service Roads adjacent to South Chester Avenue, be deferred until the next scheduled meeting for his study. This motion carried unanimously. 116 Bakersfield, California, July 12, 1971 - Page 8 Adoption of Joint Resolution No. 58-71 of the Council and the Redevelopment Agency regarding public parking being made available to encourage the develop- ment of the Bank of America site in downtown Bakersfield. Councilman Rees stated that the Budget Review and Finance Committee met last week and was asked to indicate to any prospective developers in a statement of good faith the City's intention to provide public parking for a 12 story building to be constructed on the Bank of America site in downtown Bakersfield. It seems to him to be a very reasonable statement of policy which would not embarrass the City at any time and would assure any prospective developers of the good faith on the part of the City to make public parking available. Councilman Heisey commented that the one thing he feels should be made a matter of public record is that the homeowners would not be potentially burdened with the repayment of the bonds but the assessment valuation of the redevelopment area would guarantee the repayment of the bonds for the parking structure. City Attorney Hoagland explained that in the event the high rise office building is constructed, the funds would come from tax increment bonds. The money would not go into the general fund but together with the revenues from parking from the garage, would be used to retire bonds issued to construct the garage facility. After additional discussion, upon a motion by Councilman Heisey, Joint Resolution No. 58-71 of the City Council and the Redevelopment Agency regarding public parking being made available to encourage the development of the Bank of America site in down- town Bakersfield, was adopted by the following vote: Ayes: Councilmen Noes: None Absent: None Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore 117 Bakersfield, Cali£ornia, July 12, 1971 - Page 9 Reception of Report submitted by Mr. Eugene B. Jacobs dated July 6, 1971, and letter from United Progress, Inc. requesting that consideration of endorsement of the "Innovative Program" be discontinued. Upon a motion by Councilman Bleecker, report from Mr. Eugene B. Jacobs, City's Special Counsel, dated July 6, 1971, and letter to Mayor Hart from United Progress, Inc. requesting that consideration by the City of endorsement of the "Innovative Program" be discontinued at this file. Proposed time, were receivedand ordered placed on Ordinance of the Council of the City of Bakersfield amending Chapter 4.04 of the Municipal Code altering the boundaries of City Wards to reflect all annexations of territory to the City to the date of this Ordinance deferred for certain information requested by the Council. At this time it was proposed that an Ordinance of the Council of the City of Bakersfield amending Chapter 4.04 of the Municipal Code altering the boundaries of City Wards to reflect all annexations of territory to the City to the date of this Ordinance, be given first reading. Councilman Whirremote commented that his Ward was affected by the change of boundaries and he does not know whether he favors it or not. The normal procedure is to submit a map of the proposed changes to each Council member for his consideration. He therefore moved that each Councilman be furnished with a copy of a map of the proposed changes so that plenty of time can be given to a detailed study and requested that the ordinances be held in abeyance and not considered given first reading until the Council had completed its study of the proposed altering of the boundaries of each Ward. This motion carried unanimously. Finance Director authorized to increase revolving Stamp Fund in the City Clerk's office to $150.00. Upon a motion by Councilman Bleecker, the Finance Director was authorized to increase the revolving Stamp Fund maintained in the City Clerk's office to $150.00. Bakersfield, California, July 12, 1971 - Page 10 Approval of Tire Mileage Contract with Firestone Tire and Rubber Company. Upon a motion by Councilman Rees, Tire Mileage Contract with Firestone Tire and Rubber Company was approved and the Mayor was authorized to execute the contract. Approval of Map of Tract No. 3549 and Mayor authorized to execute the Contract and Specifications for Improvements therein. Upon a motion by Councilman Thomas, it is ordered that the Map of Tract No. 3549 be and the same is hereby approved, that all easements and alley, Roberta Way and Belle Terrace, shown upon said map and therein offered for dedication be, and the same is hereby accepted for the purpose for which the same is offered for dedication. The Clerk of this Council is directed to endorse upon the face of said Map a copy of this order authenticated by the Seal of the City Council of the City of Bakersfield and the Mayor is authorized to execute the Contract and Specifications for the Improvements in said Tract. Encroachment Permit granted Bill Wright Toyota, Inc. at the southwest corner of Oak Street and San Emidio Street. Upon a motion by Councilman Medders, Encroachment Permit was granted Bill Wright Toyota, Inc. to install five light standards adjacent to the existing sidewalk at the southwest corner of Oak Street and San Emidio Street. Encroachment Permit granted American Home Industries Corporation to con- struct three moveable type buildings within the public utility easement between 14th Street and 15th Street. Upon a motion by Councilman Bleecker, Encroachment Permit was granted American Home Industries Corporation to construct three moveable type buildings within the public utility easement between 14th Street and 15th Street for a one-year period beginning July 12, 1971. Bakersf±eld~ Cal±fornia, July 12, 1971 - Page 11 Approval of Cooperative Agreement between the City of Bakersfield and the County of Kern for reconstruction of a portion of Mr. Vernon Avenue. Upon a motion by Councilman Heisey, Cooperative Agreement between the City of Bakersfield and the County of Kern for recon- struction of a portion of Mr. Vernon Avenue was approved, and the Mayor was authorized to execute same. Hearings. This is the time set for public hearing before the Council on appeal of James F. Flinn from decision of City Manager Bergen granting Harvey L. Hall a Certificate of Public Convenience and Necessity to operate an ambulance service within the City of Bakersfield. This hearing was continued from June 21st meeting at request of the attorneys. Copies of communications received in the City Clerk's office regarding this hearing have been submitted to the City Council. Mayor Hart asked that the record show that he has relin- quished the chair to the Vice-Mayor in the event that it could be construed that he might have some real or imaginary conflict of interest in the proceedings. Vice-Mayor Whittemore stated that the City Attorney has outlined some ground rules for them to follow, he understands that each of the participants is represented by legal counsel. However, it doesn't preclude audience participation. He invited the attorney for Mr. Flinn to address the Council. Mr. Ralph L. McKnight, representing James Flinn, of Flinn Ambulance Service, stated that they were offering considerably more evidence at this hearing than was offered by Mr. Flinn at the hearing before Mr. Bergen, where Mr. Flinn was not represented by counsel. He then proceeded to give the Council a little background on the matter, stating that Hall Ambulance Service is a new service which was formed since the first of the year, 1971. It is composed of Flinn Ambulance's Ex-Manager Harvey Hall, its Ex-Office Manager, Bakersfield, California, July 12, 1971 - Page 12 Mrs. Harvey Hall, its three Ex-Ambulance Drivers who terminated with Flinn Ambulance Service and are now employed by Mr. Hall. The procedure followed by Mr. Hall, even the name of his service Hall Ambulance Service, is identical to Mr. Flinn's. His service is located on Mr. Flinn's ex-wife's present husband's property. Councilman Bleecker interrupted to ask if the re£erence to Mr. Flinn's ex-wife has anything to do with whether there is a need for another ambulance service in the City of Bakersfield. He stated he doesn't feel that it will have anything to do with his thinking on the matter. Councilman Whittemore stated that the Council is accusto~ed to hearing different kinds of evidence from the floor and he doesn't wish to rule that this testimony is irrelevant to the matter, that both sides should be given the opportunity to present their case in an orderly manner, as this is a very serious matter to both applicants. Mr. McKnight continued, stating that offers were made by Mr. Hall and his wife to buy Mr. Flinn's business, and evidently at that time they did not feel there was a need for another ambulance service in the He stated that business world but in an City. free enterprise has a proper place in the emergency service such as an ambulance service which is an absolute necessity for any city, free enterprise doesn't work to the best interests of the public. Studies demon- strate that for an aumbulance service to make a reasonable profit, it must service a population area of at least 90,000 individuals. Bakersfield at the present time has a population of approximately 72,000, and according to these studies, Bakersfield could not make an ambulance service profitable. Any service that attempts to service this number of people will suffer one of two ways, either it will have to charge more than a reasonable fee for services because it will have a reduced number of calls, or it will reduce Bakersfield, California, July 12, 1971 - Page 13 the service offered by lower paid personnel, or not as much equipment. ambulances in service. At the present time Mr. 24 hours a day, with a full crew. inferior equipment, In other words, reducing the number of Flinn has three ambulances manned The third ambulance is not working to its capacity, therefore he has more capacity that he could extend to the City. If the Council takes away the franchise and divides the service between Mr. Flinn and Mr. Hall, the only recourse for Mr. Flinn to keep the service, equipment and personnel at a high level, is to drop the third ambulance. The question is whether the City will grant a regulated monopoly, or throw it open to any- one who has the proper equipment and proper personnel. This same situation existed in the City several years ago, which resulted in chaos and lack of service because of free competition. This is not the place where free competition best serves the public. Where there is only one service, it can upgrade its service under City regulation. He stated that in the City of Bakersfield two public agencies initiate emergency ambulance calls, the Police Department and the Fire Department. At the hearing held before the City Manager on Mr. Hall's application the Chief of Police and the Fire Chief both indicated that the service was good and there were no complaints. A letter from the Better Business Bureau furnished to the Council indicates that there have been no complaints registered with that organization relative to Flinn's Ambulance Service now or in the past. Mr. McKnight stated that he caused a survey to be made of 174 Kern County doctors and the six administrators of hospitals in this area. 102 doctors and the six hospital administrators returned the questionnaires. 24 dbctors stated they did not have occasion to call for an ambulance pickup within the last five years, 3 did not answer, and 64 stated they were pleased in all respects with the service. 11 stated they had used the ambulance service and were displeased. Some of these doctors have written letters on behalf of Mr. Hall's service to the Council. Bakersfield, California, July 12, 1971 - Page 14 Four of the hospital administrators stated the requests for ambulance service had been promptly and adequately filled. Two hospital administrators answered equivocally. Therefore, he would submit that there has been no demonstration of a need that requires service of Mr. Harvey Hall's ambulance, as there have been virtually no complaints against Mr. Flinn's Ambulance Service which has operated as the sole franchise holder in Bakersfield for ten years. Councilman Bleecker asked Mr. Hy Weitzman, Executive Secretary for the California Ambulance Association, if the Hall Ambulance Service was a member of his association. Mr. Weitzman stated it was not, however, he has known Mr. Hall for many years and he is a fine gentleman and he is certain if he applied for membership, he would be accepted as a member, as all ambulance services are certified if they live up to the standards of the association. Councilman Bleecker asked Mr. Weitzman if Mr. Hall had been a member of the association would he have written his letter in support of Flinn Ambulance Service, and Mr. Weitzman replied that he would have, as the letter had nothing to do with Mr. Hall, the letter was a matter of policy, of principle. Mr. Weitzman went on to say that there is no profit in emergency ambulance business. The emergency business costs the most and brings in the least amount of profit. In order to exist, in order to make money and be able to subsidize the emergency service, the ambulance operator has to have the regular normal calls, the transfer of patients and of convalescents, as this is the only way an ambulance service can stay in business. He stated that it takes $100,000 a year to main- tain an ambulance service. In response to a question from Council- man Thomas, he stated that Mr. Hall is qualified to operate an ambulance service, he is a fine gentleman and he knows his business, and he would certify him to become a member of the California Ambulance Association. Bakersfield, California, July 12, 1971 - Page 15 Mr. Milton Younger, representing Harvey Hall Ambulance Service, addressed the Council, stating that the City's Ambulance Ordinance requires the City Manager to conduct a hearing upon ten days notice. The hearing, which lasted for two hours, was held in a fair way, and the same things were said at that hearing which have been stated here tonight, no new evidence has bee.n presented. Mr. Bergen issued the Certificate to Hall Ambulance Service and if he has abused his discretion in doing this, then the Council would be justified in overruling his decision. Mr. Bergen found that Mr. Hall was financially responsib~[e, was of good moral character, he satisfied the requirements of the Municipal Code Section on Ambulance, complied with the laws of the State of California, had the necessary insurance policies~ and thai: each private ambulance used by Mr. Hall was adequate and safe and not more than five years old, something which Mr. Flinn can't say. Mr. McKnight has argued for a monopoly, Mr. Flinn has had a monopoly for nine years. It is true that Mr. Hall wants part of Mr. Flinn's business and it is true that he was the Manager for Mr. Flinn for a number of years and that his wife was the Office Manager. They are well qualified for competing in an ambulance service. Mr. Hall tried to buy the Flinn Ambulance Service because he felt that Mr. Flinn was an inefficient operator, he did not attend to business. Since Mr. Hall has made an application for a Certificate, Mr. Flin~ has done some things to meet the competition, such as opening two other locations and cutting his rates. Thus there have been positive benefits to the community as a result of Mr. Hall opening an ambulance service. He stated that at the original hearing held in Mr. Bergen's office~ they offered a petition signed by 76 doctors in the com- munity asking that the City grant a Certificate to Hall Ambulance Service. These are the doctors who are primarily responsible for initiating ambulance calls. In addition to the petition containing the names of 76 doctors~ 38 of those doctors have gone to the trouble to actually write letters to the Council favoring the establishment o£ an additional ambulance service in the City of Bakersfield. Bakersfield, California, July 12, 19?l - Page 16 Two of the three hospitals in the City, Mercy Hospital and the San Joaquin Hospital have written similar letters to the City Council. This is significant in that the San Joaquin Hospital with its new enlarged facilities is going to be the only 24 hour emergency room facility operational within the City and metropolitan Bakersfield. He pointed out thai there are a great deal more people in metropolitan Bakersfield than the 90,000 mentioned, and there are enough people to sustain the two ambulance services. Flinn Ambulance did not upgrade its service until the competition came along, but it still operates equipment which violates the Ordinance~ in that it is more than five years old. The public has profired by the £act that a second ambulance service has been granted a certificate. Mr. McKnight filed the questionnaires which were returned to him by 102 doctors and six hospital administrators and made them part of the record. Councilman Thomas criticized Flinn Ambulance Service for its late response to a call to pick up his wife and daughter who were involved in a traffic accident two blocks from the Flinn Ambulance location at H~ghes Lane and Wilson Road. He stated that it took from 5 to ? minutes for the ambulance to respond to the call and while he was a passenger in the ambulance with his daughter the ambulance driver complained about being called out while eating his dinner. Mr. McKnight stated that the average time to answer a call is six minutes to arrive on the scene. Mr. Snyder, past President of the California Ambulance Association, and who formerly operated an ambulance service in the City, addressed the Council stating franchising areas for individual companies guarantee the best service to a community. He also commented that the City Ordinance regulating ambulances needs some cleaning up. Mr. Younger stated that the issue is whether or not the City Manager has abused his discretion in granting a Certificate to Hall Ambulance Service. If he did not abuse his discretion, if 1'25 Bakersfield, California, July 12, 1971 - Page 17 he exercised it reasonably, his decision should be upheld. There has been nothing shown here tonight to indicate that he hasn't done so. There has been nothing new of any consequence presented here tonight that wasn't brought out at the City Manager's hearing. Since Mr. Hall has applied for a Certificate, Mr. Flinn has dropped his price and started figuring his mileage from the place of pickup to destination rather than from his office to the destination. This has reduced the cost to the citizens of Bakersfield by about eight to ten dollars per call. In response to competition, he has opened two new locations which provides better service to the com- munity. He stated that this is more conclusive evidence t.han any- thing else offered that competition is healthy. Mr. Frank Subrier, operator and owner of Jerry's Ambulance Service in East Bakersfield, addressed the Council, stating that he has had an application on file with the City of Bakersfield for over a year for a Certificate to operate an ambulance service in the City. If additional ambulance service was not needed a year ago, how can it be needed now. He pointed out that actually four ambulance services are operating in Bakersfield, and ambulance service should be operating here. that a private citizen should be permitted he does not fhink another He stated that he feels to call the ambulance of his choice, because under the City Ordinance an ambulance cannot go to a private residence and make a pickup. He feels that the City Ordinance regulating ambulances should be amended. Councilman Whittemore closed the public hearing for Council deliberation and action. Councilman Heisey stated that he had been on the Council for five years and two or three applications for ambulance service have been made, and in each case the staff has vigorously opposed them on the basis that there would be a dilution of service. He asked the City Manager for an explanation of why he has come up with a recommendation for a change, why he believes the City can support two ambulance services. Mr. Bergen stated that he did not want to enter into the deliberations tonight if he can avoid it. First of all, since he has been City Manager he has conducted three hearings on applications 126 Bakersfield, California, July 12, 1971 - Page 18 for Certificate of Public Convenience and Necessity for operating an ambulance service, the last one being from Mr. Harvey Hall. Mr. Bergen stated that he doesn't think it necessary to discuss the prior hearings, the records will indicate the action taken. Based on information that was available at that time, the decision was made several months ago in the case of Mr. Hall. He does want the Council to be aware of several facts, one being that at the hearing he conducted, Mr. Flinn was not represented by counsel, he was there by himself, and the intensive survey presented by Mr. McKnight this evening was not made for or available at the hearing. The City's Ordinance with regard to ambulance services is sound. Possibly some improvements could be made in it, it was originally adopted in 1961, and has been amended several times, but the idea of a franchise or restrictive ordinance is sound. The question is, should there be one exclusive ambulance service in the City, or should there be two services. It is a controversial matter as evidenced by the testimony given here this evening. He stated that he wouldn't want to see the Council go in the directio~ of throwing it wide open because both the emergency service and the public would suffer. Councilman Heisey asked if the Fire Chief and the Police Chief submitted a recommendation on this matter. Mr. Bergen replied that both of the departments were very careful to indicate that there had never been any complaint made to them regarding the service; however, both of the departments felt that one additional service would be justified. Chief Towle did not attend the hearing, his report was made in writing. Chief Paddock was present at the hearing and his statements were quoted in the information furnished to the Council prior to this hearing. Mr. McKnight was correct in stating that both the Fire Chief and the Police Chief indicated that they have never had any complaints and Flinn Ambulance Service was providing adequate service. Bakersfield, California, July 12, 1971 - Page 19 Councilman Bleecker asked if anything had been brought out tonight that would indicate to the City Manager that he should change his recommendation. Mr. Bergen stated that he was not prepared to answer that question directly. He could say though that he thinks there is a predominance of evidence showing that public convenience and necessity do not require a second ambulance service that was not submitted at his hearing. At this hearing there was a very large degree of evidence showing that public convenience and necessity needed, or at least wanted an extra service. He stated he wouldn't want to second-guess the Council and wished to point out again that the decision he made was based on information available at his hearing. The Council is hearing the appeal and additional information has been submitted, so he believes the Council should make the final determination. Councilman Rees moved that the matter be referred to the Water and City Growth Committee for study and report back to the Council as a whole. Councilman Rucker asked if this should be done after a public hearing was held tonight, should it be referred to a Committee for study and a report to the Council, or is the purpose just to cotninue it. The matter has come before the Council, and he doesn't understand why it is being referred to a Committee. This matter has already appeared before the City Council as a whole, and he cannot see what will be gained by doing this. City Attorney Hoagland stated he would support Councilman Rucker, as this is a hearing that was held before the Council as a whole, it has heard evidence from both the parties involved. He cannot see sending it to a Committee for study and determination of something that is to be decided by the entire Council, and certainly it would not be proper for a Committee to take additional evidence, when the final determination depends upon the entire Council, at least a quorum of the Council. However, the hearing can be continued for Council deliberation on the matter. Bakersfield, California, July 12, 1971 - Page 20 Councilman Whittemore commented that possibly some members of the Council, including himself, should be given more time to study the documents which have been presented, some of which were only received this evening. Councilman Rees withdrew his to continue the hearing until the next previous motion and moved regularly scheduled Council meeting. Councilman Bleecker spoke against the motion, stating that he felt all the documents presented by each party appeared to be in order, and he thinks what the Council is to decide tonight is whether or not the City needs one or two ambulance services. To continue the hearing without any additional evidence, seems to be out of order, and he would oppose the motion to continue the hearing. Roll call vote was taken on the motion which carried as follows: Ayes: Noes: Absent: Councilmen Heisey, Rees, Rucker~ Thomas, Whittemore Councilmen Bleecker, Medders None Adjournment. There being no further business to come before the Council, upon a motion by Councilman Heisey, adjourned at ll:15 P.M. the meeting was ATTEST: MAYOR of ~ ~akersfield, of the City of Bakersfield, California Calif. Bakersfield, California, July 26, 1971 1~9 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., July 26, 1971. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Walter Heisey. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Absent: None Minutes of the regular meeting of Jyly 12, 1971 were approved as presented. Scheduled Public Statements. Reverend Cicero Goddard, representative of the Lakeview Community Council, appeared before the Council to solicit assistance in conducting a campaign which he has instigated in the southeast area of Bakersfield to clean up trash and rubbish that has accumulated on lots, some of which are owned by absentee landlords. They have asked each property owner to clean his own lot, and if this cannot be dor~e, to contribute a certain amount of money to the Lakeview Council to hire underprivileged youth to do the work for them. They have a problem in getting this trash hauled away, and asked the City for trucks and a wrecker to pick up junk cars. Councilman Rees commented that the City cooperated in a similar problem recently and he asked Mr. Bergen to comment on assisting this group with their project. Mr. Bergen stated that the City doesn't have a wrecker designed for picking up cars, they do have an A-frame, but normally, in clean-up areas, with the consent of the Council, the City forces will pick up rubbish and trash which has been piled in a central location. He suggested that Reverend Goddard and Mr. Jing, Public Works Director, discuss how the City could best fit into the program and proceed on that basis. Councilman Rees then moved that subject to Mr. Jing's expert opinion, full cooperation of the City be given to assisting in this clean-up campaign. After discussion, this motion carried unanimously. Bakersfield, California, July 26, 1971 - Page 2 Councilman Rucker thanked Reverend Goddard for bringing the matter to the attention of the Council and for participating in such a worthwhile effort to clean up one area of the City which is badly in need of improvement. Council Statements. Councilman Heisey pointed out that a vacancy exists on the Board of Building and Housing Appeals Board due to the resignation of Mr. O. D. Williams. Inasmuch as it is necessary to appoint a general contractor to this Board, Councilman Heisey placed the name of Mr. Clifford L. Fowler in nomination for appointment to the Board. Councilman Rucker submitted the name of Mr. Clifford Strait to serve on this Board. Mayor Hart called for a roll call vote on appointment of Mr. Fowler which failed to carry as follows: Ayes: Councilmen Heisey, Medders Noes: Councilmen Rees, Rucker, Thomas, Whirremote Absent: None Abstaining: Councilman Bleecker Councilman Clifford Strait was then appointed as a member of *%e Board of Building and Housing Appeals by an unanimous vote of the Council. Reports. Councilman Rucker, chairman of the Auditorium and Recreation Committee, reported on a meeting with the staff to discuss the lease of the City-owned building at 2014 L Street, formerly occupied by the Chamber of Commerce, and the endorsement of a group of young adults known as "Just People." Two current at 2014 L Street have Travenol Laboratories, offers to lease the city-owned building been received; one from the Hyland Division Inc., and the other from the "Just People" group. As this Committee wishes the City to obtain the best lease possible on this building and based upon the information received from the staff the Committee recommends awarding the lease for a five-year term commencing August 1, 1971 to the Hyland Laboratories, as their offer is much better than the current offer from the "Just People" group. 131 Bakersfield, California, July 26, 1971 - Page 3 As to the question of endorsement for the group of young adults known as "Just People", this Committee encourages the City Council to endorse their goals and encourage the development of a drop-in center within the confines of the City of Bakersfield, provided a suitable location is found and adequate supervision is maintained within the facility. It will be necessary to obtain a conditional use permit lrom the Board of Zoning Adjustment when a suitable building is located. Also, if contributions are to be solicited within the City oi Bakersfield, it will be necessary to obtain a permit from the Board o£ Charity Appeals and Solicitations. Upon a motion by Councilman Rucker, the report was adopted. Councilman Rees commented that he hopes the members of the "Just People" group will take the City Council at its face value when it endorses the program and goals of this group. He stated that he is behind the people who are concerned and working for this group and he hopes they find a suitable location for their activities. Councilman Rucker moved that the Lease Agreement with Hyland Laboratories be approved and the Mayor authorized to execute same. This motion carried unanimously. Councilman Whittemore, chairman of the Govermental Efficiency and Personnel Committee, reported that this Committee and the staff have met to discuss a request by the Bakersfield Fire Department Pension Board for an acturial study by the Public Employees' Retirement System for the purpose of determining the cost of a change-over from the present pension plan for members oi the Bakersfield Fire Department to the same State Retirement plan that the saiety members of the Bakersfield Police Department have now. The cost of $125.00 for this study will be paid for out of the Fire Departments' Relief and Pension Fund. This Committee recommends that the City Council authorize a contract with the Public Employees' Retirement System to make the actu~ial study. Councilman Whittemore moved adoption of the report, which motion carried unanimously. 132 Bakersfield, California, July 26, 1971 - Page 4 Councilman Whittemore, chairman of the Governmental Efficiency and Personnel Committee, reported on a meeting of this Committee and the staff to discuss the job specifications of position of Buyer-Trainee, which was authorized reclassified hearings. Specifications for the cellaneous Civil Service Board on from Storeskeeper during budget position were approved by the Mis- July 20, 1971. The Committee recommends approval of the specifications. Councilman Whittemore moved adoption of the report, which motion carried unanimously. Councilman Whittemore, chairman of the Governmental Efficiency and Personnel Committee, reported on a meeting between the Committee and the staff to discuss the operation of the Municipal Dog Pound. With the increased activity, present manpower is minimal arid should be increased. The County has assured the City that a new facility will be constructed within the current fiscal year and it will take over the complete operation. Until this facility becomes a reality, this Committee recommends the hiring of one additional Poundman for the operation of the present animal shelter. The additional annual cost will amount to $7,300 for salary and supplemental wage benefits and the Committee recommends that this amount be transferred from the Council Contingency Fund Councilman Whirremote commented that he and the Mayor had made an unannounced visit to the Dog Pound last week and found that the facility was clean, the animals are fed late in the afternoon before the attendant goes off duty, there are covers and adequate shade, and the animals seemed contented with their surroundings. He stated that he resented an official from Santa Cruz coming down to Bakersfield and criticizing the operation of the dog pound. He pointed out that the Board of Supervisors has made every possible effort to find a new location for a dog pound. It has been a real problem, but he has been told that the Board has settled on a site which will be ready for occupancy within the next year. Councilman Whittemore stated that the only water supply for use at this facility is a 3/4" line which doesn't provide an adequate Bakersfield, California, July 26, 1971 - Page 5 133 pressure to wash out the pens, and suggested to the City Manager that a larger water line be installed which would shorten the time to de the work and give sufficient pressure to clean up the pens. Councilman Heisey commented that he can't see the need fer a full time employee at the pound, that possibly some thought should be given to hiring temporary or part-time help and using students or underprivileged youth for the job. He pointed out that the City has a tight budget and he doesn't think it is necessary to expend $7,300 for this position. Councilman Bleecker stated that he visited the dog pound a couple of weeks ago and it seems to him that the poundmaster is a dedicated man who does the best he can with what he has. He discovered that a report must be written on every animal that comes in or goes out of the pound and that a great deal of the poundmaster's time is spent in assisting about 100 people a day to select animals for adeption. That is why he recommended that another employee be added to the pound staff to assist in the feeding and cleaning, and that the drop-off facilities be substantially enlarged. His third recommendation, which he would like to add to the report, is that the facility not be opened to the public until 11 o'clock in the morning, which would enable the employees to clean the facility and make the pound more presentable to the public. He then moved that the report be amended to include a recommendation to the City Manager, at his discretion, to discuss the matter with the poundmaster of opening the pound at 11 o'clock instead of 8 o'clock in order to enhance the appearance to the public. Mr. Bergen stated there were two reasons for not including this recommendation in the GEPC's report. One is that the new man will be starting cleanup early before the facility is opened, and the other is that it would result in some inconvenience to the public who is accustomed to the 8o'clock hour to claim animals which have been picked up and brought to the pound. 134 Bakersfield, California, July 26, 1971 - Page 6 Councilman Bleecker stated he would think that would be sufficient and that he would withdraw his amendment to the report, but Mayor Hart urged him not to withdraw his motion, as it might be necessary to determine whether it is necessary to operate in this fashion. Mayor Hart also suggested that the Council pursue the recommendation of Councilman Whittemore to increase the water pressure to expedite the cleaning of the pens, and that the City Mana- ger and the staff conclude when the facility should be open to the public. Councilman Bleecker then moved to adopt the report as amended. Councilman Heisey stated that he has not been convinced that it is necessary to spend $7,3000 for an additional employee. The present pound staff has been performing its duties for the past several years with the same volume of animals and doing a commendable job, and he feels that a part time employee can do this work. He does not believe that it is justified to spend $7,300 a year when perhaps the same job can be done for $2,500 a year. He then moved that the motion be amended to state the salary may not exceed $7,300 and the staff be authorized to employ whatever part-time may be needed to alleviate conditions at the pound. After discussion, vote was taken on the motion which carried unanimously. Councilman Rees, member of the Legislative Committee, re- ported on AB 1617, the so-called Tippier's tax measure. In a communi- cation to the Council, Assemblyman William Ketchum stated that this bill represents a unique opportunity for local government to secure on a permissive basis some of the revenues which they are sadly lack- ing. He strongly supported the bill on the Assembly floor and con- tinues to support it. He has been informed by Senator Stiern, chairman of the Senate Revenue and Taxation Committee, that he will reheat the bill if a majority of the committee members indicate to him they are willing to reconsider it. Councilman Rees then moved that the City Attorney be instructed to inform the members of the Senate Revenue and Taxa- tion Committee that the City of Bakersfield is in accord with the provisions of AB 1617 and wishes to support the measure. 135 Bakersfield, California, July 26, 1971 - Page 7 After discussion, vote was taken on Councilman Rees' which carried as follows: Ayes: Councilmen Heisey, Medders, Rees, Rucker Noes: Councilmen Bleecker, Thomas, Whittemore Absent: None The (a) (b) (c) Consent Calendar. following items are listed on the Consent Calendar: Allowance of Claims Nos. 4654 to 4693, inclusive, and Nos. 20 to 202 inclusive, in amount of $131, 294.73 Flowage Easement from Stockdale Development Corporation (d) Upon and (dS of the Ayes: Request from Bakersfield City School District to connect Curran and Munsey Schools to City sewer motion, Request from Mr. Denzel A. Madewell to connect residence at 125 Olive Street to City sewer a motion by Councilman Medders, Items (a~, (b~, (c), Consent Calendar were adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Action on Bids. Upon a motion by Councilman Rucker, low bid of A-1 Battery for annual contract for Automotive Batteries, was accepted, for replacement Diesel Engine for Fire Truck was accepted, all other bids were rejected and the Mayor was authorized to execute the contract. low bid of Valley GM Diesel and the Mayor was authorized was accepted, all other bids were rejected, to execute the contract. Upon a motion by Councilman Rees, Company all other bids were rejected, and the Mayor was authorized to execute the Contract. Upon a motion by Councilman Bleecker, low bid of Specialized Spray Service for Phase I of 1971 Weed Abatement Program 136 Bakersfield, California, July 26, 1971 - Page 8 First reading considered given An Ordinance of the Council of the City of Bakersfield amending Chapter 4.04 of the Municipal Code altering the boundaries of City Wards to reflect all annexations of territory to the City to the date of this Ordinance. Councilman Whittemore had previously requested that first reading not be given an ordinance of the Council of the City of Bakersfield amending Chapter 4.04 of the Municipal Code altering the boundaries of City Wards to reflect all annexations of territory to the City of Bakersfield to the date of th~ ordinance until the Council members had been furnished with maps of the proposed changes for review. After discussion, Councilman Whittemore stated that he was satisfied as far as the new annexations are concerned, and moved that first reading be considered given to the proposed ordinance, which motion carried unanimously. Adoption of Ordinance No. 1952 New Series of the Council of the City of Bakersfield amending Chapter 11.04 of the Municipal Code by adding Section 11.04.739, Traffic Restrictions on Service Roads adjacent to South Chester Avenue. Councilman Thomas stated that his previous objections to the ordinance had been resolved, and moved adoption of Ordinance No. 1952 New Series of the Council of the City of Bakersfield amending Cahpter 11.04 of the Municipal Code by adding Section 11.04.739, Traffic Restrictions on Service Roads adjacent to South Chester Avenue. This motion carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Action on Emergency Ordinance of the Bakersfield City Council amending the Bakersfield Municipal Code by repealing Chapter 7.44 and substituting in lieu thereof a new Chapter 7.44 regulating the conduct of Massage services and Massage Establishments and requiring the issuance of a Permit therefor, deferred until next meeting. Councilman Bleecker commented on the proposed Emergency Ordinate of the B~ersfield City Council amending the Bakesfield Municipal Code by repealing Chapter 7.44 and substituting in lieu thereof a new Chapter 7.44 regulating the conduct of Massage services and Massage Establishments and requiring theissuane of a Permit therefor'. The letter received from the Chief of Police indicates that this ordinance includes certain educational requirements for people employed in Massage Establishments, and he understands that there are several operating in Bakersfield at the present time. He would hate to impose a restriction in the form of a new ordinance on legitimate businesses whi2h would either put them out of business or force them to dismiss some of their employees. He moved that the Ordinance be held over until the next meeting of the Council and that some determination be made in the minds of each Councilman or by the City Attorney, that this ordinance would not adversely affect those people engaged in legitimate massage business in the City of Bakersfield, and that any permits for this type of business be held in abeyance until a determination has been made by the City Council. This ordinance can be considered as an Emergency Ordinance when it is re-submitted at the next meeting. This motion carried by the following roll call vote: Medders, Rees, Rucker, Thomas, Ayes: Councilmen Bleecker, Heisey, Whittemore Noes: None Absent: None Adoption of Resolution No. 59-71 of the Council of the City of Bakersfield, State of California, calling a Public Hearing to determine whether public necessity, Health, Safety or Welfare require formation of an Underground Utility District within designated area. Upon a motion by Councilman Whittemore, Resolution No. 59-71 of the Council of the City of Bakersfield, State of California, calling a public hearing to determine whether Public Necessity, Health, Safety or Welfare require formation of an Underground Utility District within designated area and setting September 13, 1971 in the Council Chambers of the City Hall as the time and place for hearing on the 138 Bakersfield, California, July 26, 1971 Page 10 matter before the Council, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Request from Stockdale Development Corporation for abandonment of Langdon Avenue east of Grissom Street referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Thomas, request from Stockdale Development Corporation for abandonment of Langdon Avenue east of Grissom Street was referred to the Planning Commission for study and recommendation. Purchasing Division authorized to negotiate discount prices for extraordinary office supplies, office equipment service, telephone communications equipment, and electrical equipment. Upon a motion by Councilman Bleecker, the Purchasing Division was authorized to negotiate discount prices for extraordinary office supplies, office equipment service, telephone communications equipment, and electrical equipment from the following vendors: Bakersfield Rubber Stamp Company General Office Machine Co. Valley Office Supply Co., Inc. Graybar Electric Co., Inc. First reading deferred on proposed Ordinance to add Chapter 16.22 to Title 16 providing for Optional Design and Improvement Standards in Subdivisions; to amend Chapter 17.43 of Title 17 establishing and regulating R-1 Zones; to add Section 17.44.040 to Chapter 17.44 providing for future maintenance of non-dedicated improvements; and amending Section 17.52.010 of Chapter 17.52 relating to conflicting reguations and exceptions thereto. The Planning Commission initiated action to add Chapter 16.22 to Title 16 providing for Optional Design and Improvement Standards in Subdivisions; to amend Chapter 17.43 of Title 17 establishing and regulating R-1 Zones; to add Section 17.44.040 to Chapter 17.44 providing for future maintenance of non-dedicated improvements; and amending Section 17.52.010 of Chapter 17.52 relating to conflicting regulations and exceptions thereto. 139 Bakersfield, California, July 26, 1971 - Page 11 Councilman Rees asked Planning Director Sceales where these changes originated, and Mr. Sceales stated that the Planning Commission has considered the procedures of several different cities for these changes and the ordinances were written by Charles Leach, Assistant City Attorney. The ordinances of many cities throughout the state were reviewed in order to draft this ordinance which is necessary to provide divelopers construction. Councilman Whittemore with flexibility in subdivision stated that condominiums are not a new concept in living and many people have turned to this type of residence to enjoy the recreational facilities offered. There has been a substantial market for condominiums nationwide. It is difficult for a subidvider to compete with the trend toward condominiums. Essentially it allows for construction of this particular type of develop- ment on R-1 property and doesn't change the present 7,200 feet density requirements. Councilman Heisey stated that it is a good thing there are first and second readings on these ordinances as it is obvious thai the Council needs some education on what condominium construction entails. It is apparent that an ordinance in some form is needed to regulate condominiums as details on past construction were just worked out as they went along and certain things were left in limbo, especially the legality of the construction. In the next two weeks all members of the Council will have an opportunity to study this ordinance and come back with better knowledge of condominium construction. Councilman Whirremote stated that this is vitally important to the zoning regulations of the City of Bakersfield and probably requires more than the two weeks to thoroughly study the ordinances. He therefore moved that first reading be held over until the next meeting of August 9th, which would give everyone on the Council time to review the ordinance which is badly needed in Bakersfield. 140 Bakersfield, California, Jfily 26, 1971 - Page 12 Councilman Bleecker stated that what the Council should determine is whether or not there is sufficient R-2 or R-3 areas in the City at the present time to accommodate this type of structure. He stated that he would dislike to approve an ordinance which would destroy an established neighborhood. He offered a substitute motion to Councilman Whittemore's motion to defer first reading on this ordinance for 90 days. Councilman Whirremote stated 90 days would work a hardship on subdividers who are waiting to develop their property, as the more delay, the more costly it becomes. He pointed out that a condominium complex is not a slum, it costs considerable money to build and considerable money to live in. Roll call vote taken on Councilman Bleecker's substitute motion failed to carry as follows: Ayes: Councilmen Bleecker, Medders Noes: Councilmen Heisey, Rees, Rucker, Thomas, Whittemore Absent: None Roll call vote taken on Councilman Whittemore's motion to set aside the first reading until August 9, 1971, carried as follows: Ayes: Councilmen Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: Councilman Bleecker Absent: None Attorney Robert Patterson, appearing for Attorney Bennett Siemon, who is in London, stated that he is representing a group of property owners on Panorama Drive and he is sure that the Council is well aware that there has been considerable discussion on and opposition to the development of a subdivision on that point of land to the north and west of the curve of Panorama Drive. He stated that there isn't any question that this proposed ordinance will permit the completion of the structures on Panorama Bluff which were commenced without authorization and on which con- struction has been suspended. All the discussion that has taken place here this evening has referred to condominiums. The two proposed ordinances Bakersfield, California, July 26, 1971 - Page 13 also refer to group dwellings which are an entirely separate category of dwellings defined as a combination of dwellings on one building stile. This would constitute a more significant change than condominiums themselves. He asked Mr. Sceales if the adoption of this ordinance would allow the continuation of the structures on Panorama Bluffs by the developer. Mr. Sceales stated not necessarily, approval of the ordinance would set up the machinery for resubmitting the plans which would be subject to Planning Commission review and approval, and approval of the City Council. Mr. Patterson criticized the fact that these ordinances have been proposed in mid-summer when everyone is out of town on vacation. He praised Councilman Bleecker's idea to delay the matter 90 days, and stated that this amendment will affect a large number of people and should be given considerable review, study and a great deal of publicity. Hearings. This is the time set for continued public hearing before the Council on appeal of James F. Flinn from decision of City Manager Bergen granting Harvey L. Hall a Certificate of Public Convenience and Necessity to operate an ambulance service within the City of Bakersfield. This hearing was continued for Council deliberation and review. been recieved from the administrators the public portion of the hearing has from meeting of July 12, 1971 Additional communicalions have of all the hospitals. However, been closed and in order to receive this additional evidence, it will be necessary for the Council to re-open the hearing. Mayor Hart surrendered the gavel to Vice-Mayor Whittemore and asked that the record show this has been done in the event that it could be construed he might have some real or imaginary conflict of interest in the proceedings. Councilman Thomas stated that it is his opinion that Mr. Hall should be granted a Certificate of Public Convenience and 142 Bakersfield, California, July 26, 1971 - Page 14 Necessity to operate a second ambulance service in the City, and moved that the City Manager's decision granting Mr. Hall a Certificate of Public Convenience and Necessity be upheld by the Council. Councilman Medders commented that two other companies had made application to operate an ambulance service in the City and asked if this action would open it up to four or five ambulance services to operate in the community which could result in poor service to the public. Councilman Thomas stated that he had received many letters and telephone calls requesting him to express his approval for a second ambulance service in the City, that there are a lot of people in the City of Bakersfield who feel another service is necessary. Councilman Bleecker commented that as far as he can tell, no new evidence has been introduced to the Council over and above that given to the City Manager when he approved Mr. Hall's application. He stated that a little competition never hurt anybody and from the. standpoint of competition alone the service has improved, therefore., he would support Councilman Thomas' motion. Councilman Heisey stated that he must concur with Mr. Thomas, that the preponderance of letters and telephone calls he has received were in favor of Mr. Hall. However, he voted to continue this hearing because he wanted to make some speci£ic inquiries of the Police and Fire Departments who work with the ambulance services. After discussion with them and with the staff, he has come to the conclusion that the City has grown to the point where it can support two ambulance services and as Mr. Bleecker has pointed out, a little competition is a good thing. He would not care to go back to the days when there was so much competition that the public was receiving poor service, but he is satisfied in his own mind that it would be to the best interests of all the people in Bakersfield to have this second ambulance service. Bakersfield, California, July 26, 1971 - Page 15 143 Councilman Rucker agreed with Councilman Heisey's remarks, stating that he had also had a number of telephone calls on this matter and that competition would make it possible for people throughout the entire community to enjoy service at a lower cost. He feels that only one additional service should be added, however,. and that a citizen should be permitted to select the ambulance of his choice. Councilman Rees stated that this is an issue that has been before the Council for some time and he is sure that the other members of the Council are as concerned as he is to do the right thing for the welfare of the City as a whole. He stated that he has decided to support Councilman Thomas' motion, and he hopes it will be for the benefit of the sick and the dying. Councilman Medders commented that has it suddenly been decided that there is a need for a second ambulance service that wasn't present when the other two applications were made. Councilman Whittemore asked the City Manager to answer the question. Mr. Bergen stated that first he would like to explain that another application for ambulance service had never come before the. City Council for action. For the record, two other applications were submitted to the City Manager, in accordance with the City's ordinance, but in both cases they were withdrawn before the hearing was completed and no decision was ever required. He stated that he also wanted to say that his granting of a Certificate of Public Convenience and Necessity was not in any way influenced by the feeling that unlimited ambulance service be permitted in the City. Putting it in another way, it is his feeling that the philosophy of the City's Ordinance is proper and assures the City of adequate service. Councilman Medders stated that this didn't really answer his question. Mr. Bergen explained that in both cases, the only other two applications for a certificate of public convenience and necessity made to the Manager's office were terminated before the hearing was completed, so that he has never made a decision except in the case of Harvey Hall. 144 Bakersfield, Cali£ornia, July 26, 1971 - Page 16 Councilman Medders asked if the operator o£ Jerry's Ambulance Service who addressed the Council last meeting withdrew his application. Mr. Bergen replied that before the hearing was over, Mr. Subtier indicated that he did not need to show public convenience and necessity to operate in the City~ and theretore, the hearing was terminated without a decision on the part o£ the City Manager. There being no further discussion by the Council, the Vice-Mayor called £or a roll call on Councilman Thomas' motion to uphold the decision o£ the City Manager granting Mr. Hall a Certificate o£ Public Convenience and Necessity. This motion carried as £ollows: Ayes: Councilmen Bleecker, Heisey, Rees~ Rucker, Thomas Noes: Councilmen Medders, Whittemore Absent: None This is the time set £or public hearing on application by Mr. Frank St. Clair to amend the zoning boundaries trom an R-1 (Single Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling) Zone, or more restrictive, Zone, ot that certain property commonly known as 1406 White Lane. This hearing has been duly advertised and posted and notices sent to property owners as required by law. No written protests have been tiled in the City Clerk's otfice. The applicant has requested zoning o£ this 300 toot wide R-1 strip between White Lane and Calcutta Drive to develop an apartment complex for senior citizens. After review and consideration, the Planning Commission recommended approval of R-2-D zoning for subject parcel. The "D" Overlay was recommended to insure the compatibility of uses with the adjacent R-1 and R-3-D properties. Mayor Hart declared the hearing open tor public participation. No of and action. protests or objections being received and no one speaking in favor the rezoning, the public hearing was closed tor Council deliberation Upon a motion by Councilman Whittemore~ Ordinance No. 1953 145 Bakersfield, California, July 26, 1971 - Page 17 New Series amending Title 17 of the Municipal Code by changing the Land Use Zoning of that certain property commonly known as 1407 White Lane, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None This is the time set for public hearing on application by Leland Emory Chow to amend the zoning boundaries from an R-4 (Multiple Family Dwelling) Zone to a C-O (Professional Office), or more restrictive, Zone, of that certain property commonly known as 1306-1324½ "K" Street. This hearing has been duly advertised and posted and notices sent to property owners as required by law. No written protests have been filed in the City Clerk's office. This property is within an area recommended for a change of zone to commercial by the Planning Commission; the Council approved C-O-D zoning for two properties. After review and consideration, the Planning Commission recommended approval of C-O zoning for subject property with the application of the "D" Overlay to insure the compatibility of any new commercial development with the existing residential uses while the area is going through the transition period. Mayor Hart declared the hearing open for public participation. No protests or objections being received and no one speaking in favor of the rezoning, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Bleecker, Ordinance No. 1954 New Series amending Title 17 of the Municipal Code by changing the land use zoning boundaries of that certain property commonly known as 1306 - 1324½ "K" Street, was adopted by the Ayes: Councilmen Bleecker, Heisey, Medders, Whirremote Noes: None following vote: Rees, Rucker, Thomas Absent: None 146 Bakersfield, California, July 26, 1971 - Page 18 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Bleecker, the meeting was adjourned at 10:15 P.M. Bakersfield, Calif. ATTEST: L~.R~an 0 rk of the Council of the City of Bakersfield, California 147 Bakersfield, California, August 9, 1971 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., August 9, 1971. 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: Councilmen Bleecker, Heisey, Medders, Rees, Thomas Absent: Councilmen Rucker, Whirremote Minutes of the regular meeting of July 26, 1971 were approved as presented. Scheduled Public Statements. Mr. Tom Bates, 2301 A Street, addressed the Council on the subject of construction of bicycle ways and lanes in the City, speci-- fically requesting a bike trail to serve the new California State College Bakersfield. He read a communication addressed to the City Council from Mrs. Wilbur Rickeft, 2424 Dracena Street, asking the City of Bakersfield to take a definite stand on implementing a pro- gram for the creation of bicycle ways and recommending that the Director of Public Works be instructed to prepare a study and a feasibility report to set a plan in motion to implement this program. After discussion, upon a motion by Councilman Heisey, the matter was referred to the Planning Commission for study and recom- mendation. Miss Pauline Marzette, Youth Coordinator, addressed the Council, requesting verbal support of K.C.E.O.C's Youth Program. She stated that they are nor asking for financial support, just verbal support, in order to make their efforts seem worthwhile. If their records are investigated at any time, they can point out that they have received letters of support from various agencies in the City who are aware that the Youth Program of Kern County Economic Opportunity Corporation exists. Councilman Rees stated that he was impressed with Miss Marzette's presentation and since Mayor Hart has seen fit to send this group a letter of endorsement, he would move that the City Clerk 148 Bakersfield, California, August 9, 1971 - Page 2 be instructed to send a similar letter on behalf of the Council. Councilman Heisey asked the nature of the program the Council is being asked to endorse. Miss Marzette replied that the Youth Program is more or less a stepping stone toward preparing youth to take over for themselves, they are aware that they cannot get them totally out of poverty, but the program does have something to offer and it is up to the youth to accepf it and take advantage of it. They hope to interest the youth in the area of registration and voting and are working toward this goal at the present time. Mayor Hart commented that the coordinators of the program are teaching the young people of the community to work within the structure of society with the idea of achievement for everyone. Councilman Bleecker asked if there was any literature available for his perusal and Miss Marzette stated that she would furnish him with a total program package. Councilman Heisey offered a substitute motion that Council- man Medders and one other Councilman Look into the matter and come back with a recommendation as the Council should be aware of the facts of the situation prior to endorsing the program. Councilman Rees commented that in his opinion this group acting in good faith and he doesn't think that it is necessary to malie any investigation before giving Council approval to the request. Councilman Thomas stated that all the Council is being ask,~d to do is endorse the ideals and objectives of the organization. He can see no reason for the Council not sending this letter of endorse.- merit and expressed his support of Mr. Rees' motion. Vote was taken on Councilman Heisey's substitute motion, which carried as follows: Ayes: Noes:~ Absent: Councilmen Bleecker, Heisey, Medders Councilmen Rees, Thomas Councilmen Rucker, Whirremote that Councilman Thomas assured Miss Marzefte/she would receive his personal letter of endorsement of this Youth Program. Bakersfield, California, August 9, 1971 - Page 3 149 Council Statements. Mayor Hart announced that City Manager Harold Bergen has appointed Calvert Haggard as the City's Fire Chief effective August 6, 1971. He will succeed Chief Robert Paddock who retired recently. Mayor Hart stated that the City can be proud of Cal Haggard's record over the years and he is sure that the efficiency of the Bakersfield Fire Department will be maintained under his lated Chief Haggard who was in the audience, Reports. The City Clerk read the following report Commission on the subject of Tax Exempt Properties guidance. He congratu- on his appointment. from the Planning and City Services: Pursuant to the Council's request, the Planning Commission has studied the feasibility of a charge for city services to tax exempt structures and a possible height limitation on structures in commercial zones. A committee of the Commission has met with the administrative staff on several occasions and reviewed, in detail, the laws pertaining to tax exempt properties as well as specific facts and figures associated with the Bakersfield Christian Towers Project. It is the opinion of the Commission that building heights should be controlled by the zone districts and the Zoning Ordinance revised to impose a more equitable limitation. However, the Comission feels high rise office and apartment complexes should not be discouraged within the City. The City Attorney has advised that to levy a service charge only on properties that have been designated tax exempt (federal, state, county, schools, churches, charitable organizations, etc.) could be discriminatory, and that the City cannot legally charge tax exempt properties for a service when said service is included within the property tax for all other collections. This, in effect, would single out tax exempt properties for a service charge and could be considered a violation of a constitutional privilege. Bakersfield, California, August 9, 1971 - Page 4 In review of the services performed by the City, the most glaring example of inequity of charges is the refuse collection be- cause it varies so greatly for residential, commercial and industrial collections that a property tax supported service cannot be just and equitable. Under a user pay concept, all tax exempt properties should be charged a fair and equitable rate. Based on the above findings, the Commission has reached the following conclusions: (1) The City cannot single out tax exempt properties when levying a service charge for City services. (2) There is no direct relationship with the public ser- vices required by a property served to the assessed valuation o£ that property. (3) It would appear that the most equitable approach would result in a direct user pay charge concept in proportion to the user's need for services rendered, where practical. (4) Height of all structures should be controlled by the zone district in which they are located and the Zoning Ordinance re- vised to impose a more equitable limitation. Councilman Heisey remarked that he thinks it is a very good report and his only regret is that it was so long in coming to the Council. It is evident that it will be necessary to make some very important decisions at the next Council meeting. Unfortunately, he will not be present as he has been ordered to report to the United States Naval Academy at Annapolis for two weeks active duty. He has urged the staff and the Council committee to resolve the tax rate situation prior to this date, but so far it hasn't been done. During budget hearings, by a 4 to 3 vote, the Council voted to spend a quarter of million dollars more next fiscal year than the City will be receiving in revenue and so far a program has not been presented to finance this deficit. He expressed regret that he will not be present at the Council meeting to hear the recommendation and to speak either for or against it. Bakersfield, California~ August 9~ 1971 - Page 5 Councilman Heisey went on to say that he has heard rumors to the effect that there is a strong possibility the City will charge commercial and industrial users an additional fee for refuse pick-up while still including it in the property tax rate. In his opinion this is wrong, completely dishonest and illegal, and he thinks it will result in taxpayer's suits from business entities who are forced to make that kind of payment. He stated that he hopes the Council will give serious thought to the decision on the course it will take on the recoramendation, if it is done two weeks from tonight, as he understands that the tax rate must be set by the end of the month. Councilman Heisey then made a motion that the report be received and placed on file, which motion carried unamimously. Consent Calendar. The following items are listed under the Consent Calendar: (a) Allowance of Claims Nos. 203 to 326, inclusive, in amount of $188,188.65 (b) City of Bakersfield Standard Drawing No. S-39, Trench Backfill and Compaction Requirements (c) Plans and Specifications for Construction of Culvert at Stine Canal and Wilson Road and for Construction of Improvements at 34th Street and the Kern Island Canal (d) Plans and Specifications for Construction of Vernal Place Storm Drain and Pump Station (e)Application for an Encroachment Permit from Fred Giovanetti Application for an Encroachment Permit from American Home Industries Corporation Upon a motion by Councilman Medders, Items (a), (b), (c), and (f) of the Consent Calendar were adopted by the (d), (e), following roll call vote: Ayes: Councilmen Bleecker, Noes: None Absent: Councilmen Rucker, Heisey, Medders, Rees, Thomas Whirremote 151 Bakersfield, California, August 9, 1971 - Page 6 Action on Bids. After discussion, upon a motion by Councilman Bleecker, Item F Bid £rom Wallace Machinery Co., less trade-in and on a total guaranteed repair and guaranfeed repurchase price, for Crawler Tractor with Hydraulic Bulldozer, was accepted, all other bids were rejected and the Mayor was authorized to execute the agreement. Upon a motion by Councilman Rees, bid of Tenant Co. for Industrial Sweeper was accepted, this being the only bid received. Upon a motion by Councilman Heisey, low bid of Field and Gooch, Inc. for construction of Sanitary Sewer in Belle Terrace and Relocation of Sanitary Sewer in Summer Tree Lane was accepted, all other bids were rejected and the Mayor was authorized to execute the agreement. Upon a motion by Councilman Thomas, low alternate bid of Parker Paints to furnish annual contract of Street Paint was accepterS, all other bids were rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, low bid of American La France to furnish 1500 GPM Pumper was accepted and all other bids were rejected. Adoption of Ordinance No. 1955 New Series of the Council of the City of Bakersfield amending Chapter 4.04 o£ the Municipal Code, altering the boundaries of City Wards to relect all annexations of territory to the City to the date of this Ordinance. Upon a motion by Councilman Bleecker, New Series of the City of Bakersfield amending Ordinance No. 1955 Chapter 4.04 of the Municipal Code altering the boundaries of City Wards to reflect all annexations of territory to the City to the date of this Ordinance, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Thomas Noes: None Absent: Councilmen Rucker, Whittemore 153 Bakersfield, California, August 9, 1971 - Page 7 Second reading deferred until September 20, 1971 on proposed Ordinances to add Chapter 16.22 to Title 16 providing for Optional Design and Improvement Standards in Subdivisions; to amend Chapter 17.43 of Title 17 establishing and regulating R-1 Zones; to add Section 17.44.040 to Chapter 17.44 providing for future maintenance of non-dedicated improvements; and amending Section 17.52.020 of Chapter 17.52 relating to conflicting regulations and exceptions thereto. At this time the following ordinances were proposed for first reading: An Ordinance of the Council of the City of Bakersfield adding Chapter 16.22 of Title 16 of the Municipal Code providing for Optional Design and Improvement Standards in Subdivisions An Ordinance of the Council of the City of Bakers- field amending Chapter 17.13 of Title 17 of the Municipal Code, establishing and regulating R-1 Zones An Ordinance of the Council of the City of Bakersfield adding Section 17.44.020 to Chapter 17.44 of the Municipal Code, providing for Future Maintenance of Non-Dedicated Improvements. An Ordinance of the Council of the City of Bakersfield amending Section 17.52.020 of Chapter 17.52 of Title 17 of the Municipal Code relating to conflicting regulations and exceptions thereto. Councilman Thomas commented that he has conferred with City Attorney Hoagland and has asked for an alternate zoning plan in connection with these controversial ordinances. He asked Mr. Hoagland to explain the Northern California Standards under which developers of proposed non-conforming R-1 projects are forced to justify rezoning. He stated that he has brohght this to the attention of the Council for the protection of the residents and the developers'of the City. Mr. Hoagland stated that there are a number of alternative ways by which this particular problem can be handled and cited regu- lations in force in Contra Costa County. Councilman Heisey stated that this is considered first reading tonight, and he asked the City Attorney if it would be out of order to defer the second reading until the September 20th Council 154 Bakersfield, California, August 9, 1971 - Page meeting for the benefit of any Councilman on vacation or out of town during that period, and to permit the City Attorney to prepare appropriate amendments to the proposed ordinances which would be acceptable to everyone. Mr. Hoagland stated that it is entirely within the province of the Council to set the time for the second reading. Councilman Heisey then moved that the second reading of the proposed ordinances be deferred until September 20, 1971. Mr. Hoagland pointed out that these ordinances have already been acted upon by the Planning Commission and if another type of ordinance is proposed, it should be referred back to the Planning Commission for study, to hold a hearing, and make a recommendation back to the Council. Vote was taken on Councilman Heisey's motion which carried. Councilman Thomas voted in the negative on this motion. Councilman Rees asked Mr. BennettSiemon present in the audience, if he cared to comment. Mr. Siemon stated 'he was present to oppose the adoption of the proposed ordinances and represented the Panorama Drive property owners. Mayor Hart suggested that he make his presentation at the time the ordinances are considered for second reading. Councilman Heisey asked Mr. Siemon if he had any suggestions for amending the ordinances which would satisfy his clients. Mr. Siemon stated that basically they are opposing the ordinance because they feel it is special legislation proposed solely for the benefit of Watson Company to allow development of its property on the Panoraraa bluffs. He stated that he knows of no amendments he could propose which would be acceptable to the property owners he represents. Councilman Thomas then moved that the Contra Costa County regulations be made available to the Planning Commission for study of an alternate zoning plan prior to the second reading of the proposed ordinances on September 20, 1971. This motion carried unanimously. 155 Bakersfield, California, August 9, 1971, - Page 9 First reading of An Ordiance amending the Bakersfield Municipal Code by re- pealing Chapter 7.44 and substituting in lieu thereof a new Chapter 7.44 regulating the Conduct of Massage Services and Massage Establishments and requiring the issuance of a Permit therefor. Councilman Bleecker commented that it was at his request that proposed ordinance regulating the Conduct of Massage services and Massage establishments and requiring a permit therefor had been held over from last meeting, and he asked the City Attorney for an explana- tion and clarification of certain sections of the proposed ordinance. It was brought out that established businesses would be subject to the new regulations but would not be required to apply for a permit or renewal thereof under this ordinance. After considerable dis- cussion, the City Attorney was instructed to incorporate phraseology and make minor changes in the language of the proposed ordinance. This ordinance was considered given first reading at this meeting. Adoption of Resolution No. 60-71 certifying Title to the Intersections within the "Bakersfield Tops Plan for the Installation and Modification of Traffic Signals and Street Lighting Systems at Various Intersections." Upon a motion by Councilman Rees, Resolution No. 60-71 certifying Title to the Intersections within the "Bakersfield Topics Plan for the Installation and Modification of Traffic Signals and Street Lighting System at Various Intersections" was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Thomas Noes: None Absent: Councilmen Rucker, Whittemore Adoption of Resolution No. 61-71 of the Council of the City of Bakersfield making application to the Office of Procurement, Department of General Services, State of California, to purchase Credit Card Service. Upon a motion by Councilman Medders, Resolution No. 61-71 of the Council of the City of Bakersfield making application to the _156 Bakersfield, California, August 9, 1971- Page 10 Of£ice of Procurement, Department of General Services, State of California, to purchase Credit Card Service, was adopted by the following vote: Ayes: Noes: Absent: Councilmen Bleecker, None Heisey, Medders, Rees, Thomas Councilmen Rucker, Whittemore Approval of Agreement between the City of Bakersfield and California State College Bakersfield Foundation. Upon a motion by Councilman Rees, Agreement between the City of Bakersfield and California State College Bakersfielf Foundation for 60 dates for use of the Civic Auditorium over the next five years, was approved, and the Mayor was authorized to execute the agreement. Adoption of Resolution No. 62-71 of the Council of the City of Bakersfield whereby the City waives the 90 day waiting period required by Section 73 of the Streets and Highways Codes'and accepts the State relinquishment of that portion of State Highway 178 superseded by relocation (Niles and Monterey Streets) between Stockton and Virginia Streets. Upon of the Council the 90 day waiting period required by Section 73 of the Streets and Highways Codes and accepts the State relinquishment of that portion of State Highway 178 superseded by relocation (Niles Monterey Streets) between Stockton and Virginia Streets, was a motion by Councilman Bleecker, Resolution No. 62-71 by the Ayes: Noes: Absent: of the City of Bakersfield whereby the City waives Rees, Thomas following vote: Councilmen Bleecker, Heisey, Medders, None Councilmen Rucker, Whittemore and adopted 157 Bakersfield, California, August 9, 1971 - Page 11 Approval of Utilities Agreement No. 9529051 between the State of California and the City of Bakersfield for relocation of Vernal Place Pump Station for Freeway 58. Upon a motion by Councilman Heisey, Utilities Agreement No.. 9529051 between the State of California and the City of Bakersfield for relocation of Vernal Place Pump Station for Freeway 58 was approved and the Mayor was authorized to execute same. Approval of Agreement between the City of Bakersfield and Garone Cattle Company. Upon a motion by Councilman Thomas, Agreement between the City of Bakersfield and Gatone Cattle Company for providing labor for fencing eight miles of the City Maunicipal Farm was approved, and the Mayor was authorized to execute same. Acceptance of offer to dedicate future Streets, alleys and easements for property bounded by Ming Avenue, Valhalla Drive, Belle Terrace and Stine Road. Upon a motion by Councilman Rees, offer made by Kern Joint High School District, Elmer F. Karpe, Inc. and Sames Saba, Alfred Saba and Jack Saba to dedicate duture streets, alleys property bounded by Ming Stine Road was accepted. First Avenue, Valhalla Drive, and easements for Belle Terrace and Council of the City of Bakersfield amending Section 3.18.060 (Salary Schedule) of the Municipal Code of the City of Bakersfield. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 3.18.060 (Salary Schedule) of the Municipal Code of the City of Bakersfield khanging the salary range of the Auditorium Stage Manager. Hearings. This is the time set for public hearing before the Council for hearing protests by persons owning real property within territory designated as "Airpark No. 1" proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised and notices sent as required by law. No written protests or objections have been filed in the City Clerk's office. reading given an Ordinance of the 158 Bakersfield, California, August 9, 1971 - Page 1.2 Mayor Hart delcared the hearing open for public partici- pation. Mr. Victor Dallons stated that he is the owner of 10 acres on the southwest corner of Planz Road and Union Avenue and he does not wish to annex to the City as it would raise his taxes $258 a year. Also, he is not in favor of changing the zoning upon annexation. He was not notified of hearing on the matter before the Local Agency Formation Commission and he would like to have his property withdrawn from this annexation. No other protests or objections being received, Mayor Hart closed the public portion of the hearing for Council deliberation and action. Mr. Hoagland stated that this property can only be excluded from the annexation by the Council who may reduce the area proposed to be annexed by not more than 5%. However, the withdrawal of this piece of property will result in an island within the City boundaries. He pointed out that the annexation has been approved by LAFCO after public hearing was held, and it is not unusual to include property owners who would prefer not to join the City. This property represents a very small part of the total annexation and would not void the annexation; however, if the boundaries are re-drawn, it will necessi.- tate referring them back to the Local Agency Formation Commission. After additional discussion, upon a motion by Councilman Thomas, the hearing was continued until August 23rd meeting for con- sideration by Councilman Whirremote who is absent from this meeting and in whose ward the property will be included after annexation. As this was the time set for public hearing before the Council on Resolution of Intention to include within the Greater Bakersfield Separation of Grade District a portion of certain territory designated as "Airpark No. 1" and to fezone upon annexation that property known as "Airpark No. 1" Annexation", these hearings were also continued until the meeting of August 23rd. Adjournment. There being no further business to come b~fore the Council, Upon a motion by Councilman Bleecker, the meeting ~as~a~l)llrned at P.M. MAYOR 1f {d~ty [of Bakersfield.- CITYNCLERK and ~x-offi.cio dl~rk of the Council of the City of Bakersfield. Bakersfield, California, August 23, 1971 159 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., August 23, 1971. The meeting was called to order by Vice-Mayor Whittemore, followed by the Pledge of Allegiance and Invocation by the Reverend D.V.C. Black of St. Mark's Methodist Church. The City Clerk called the roll as follows: Present: Councilmen Bleecker, Medders, Rees, Rucker, Thomas, Whittemore Absent: Mayor Hart. Councilman Heisey Minutes of the regular meeting of August 9, 1971 were approved as presented. City Manager Bergen stated that a petition has been submitted to the Council from Mr. Milton Miller and asked the City Attorney to clarify the Council's position in this matter. City Attorney Hoagland made the following statement: This petition alleges certain grievances against specified police officers, including the Chief of Police. In accordance with the ordinance, this type of oral or written communication has to be filed with the appointing authority, which, in the event of any- one other than the Chief, is the Chief of Police, to investigate alleged grievances against the police officers. As to the Chief, if there is a grievance, any oral or written communication must be filed with the City Manager who is the appointing authority. It is improper to file it with the Council; the Council has no jurisdiction in the matter other than jurisdiction over the City Manager. The Council has no jurisdiction to hear this type of grievance against the Chief and officers and they have no juris- diction to order the Police Civil Service Commission to hear it. Council Statements. Councilman Medders stated that as directed by Council Action at the August 9 meeting he made a study of the Kern County Economic Opportunity Corporation Youth Program with the help of Councilman Bleecker. 1{50 Bakersfield, California, August 23, 1971 - Page 2 Written materials describing the program including involvement, expenditures, descriptions~ and objectives were provided by Miss Marzette and I talked with her at the Kern County Economic Opportunity Corporation offices on Eureka Street. On a positive note, Miss Marzette did not seem to be offended that an inquiry was being made, but stated that she thought this to be a superior procedure to our giving a stamp of approval without looking into the matter. In analyzing the materials received, this endeavor appears to be an effort designed toward enabling youth to face their problems through the orderly processes available to them within the framework of our society, and to seek solutions through personal involvement within the system. In view of these findings and taking the information obtained at face value, it is recommended that we support the program as requested by Miss Marzette. Upon a motion by Councilman Medders the report was adopted unanimously. Councilman Rucker stated that the lot on the southwest corner of "P" Street and California Avenue was covered with high weeds and asked the Director of Public Works to see that the lot was cleaned. Reports. Councilman Whittemore, Chairman of the Governmental Efficiency and Personnel Committee, read the following report on Refuse Collection: The cost of providing municipal refuse collection service and its direct effect on the City budget has been a major concern of the Council and other affected persons for some time. Spiraling costs for this operation, due mainly to increases in salaries and services, has necessitated re-evaluation of our refuse collection policies and means of financing. Bakersfield, California, August 23, 1971 - Page 3 This Committee £ound thai the City's policy in refuse collection has been inconsistent with reference to residential, commercial, and industrial collection. The kind and quantity o£ refuse generated from residential, commercial, and industrial collections vary greatly, and a service supported solely by a property tax cannot be equitable. Lack of uniformity in residential service is not as pronounced as in commercial and industrial, mainly because the quantity of refuse is somewhat similar for each residence. Major inconsistencies exist in the services required and provided for commercial and industrial collections. These inconsistencies stem from difficulty in establishing hard and fast de£initions between commercial and industrial collections. It has been City policy to collect commercial refuse but not industrial, and there are some instances where a distinction between commercial and industrial is most dif£icult. In some cases, commercial establishments require no service~ yet they must pay taxes for a service they do not receive, whereas some com- mercial establishments may require daily collection or large volumes of refuse. Labor and equipment are not the sole reasons our refuse collection costs have increased the past year. During this period regulations were enacted which ban open burning of refuse. Modern methods of packaging goods produce an ever-increasing volume of waste material. These and other factors contributed to a 10% increase in the tonnage of waste collected by municipal ~orces, and more than a 50% increase in the tonnage of waste received at the landfill. A major inequity in our refuse collection service is that tax-exempt properties cannot be charged for this service unless a charge is uniformly established. These tax exempt properties include Federal, State, a'nd other levels of:government, Bakers£ield, California, August 23, 1971 - Page 4 along with schools, churches, and such properties as Christian Towers~ who presently pay nothing for refuse collection. Many of these properties prodhce a heavy demand for our refuse collec- tion service. Again, this is especially true because of the no- burning requirements. This means many entities and agencies can demand and receive free service while other property taxpayers bear the burden. There are approximately 180 such tax-exempt properties within the City. This Committee has been concerned with the principle of equity in tax matters, and we wonder if the property owner, com- mercial establishment, and industrial property are getting a fair return by way of service for his tax dollar. If we asked the question, what is the relationship between assessed valuation and the amount of refuse collected from the property or the comparative cost of providing refuse collection service, there is no relation- ship. The Committee also questioned whether refuse collection can be financed solely from the General Fund when commercial refuse service varies so greatly among businesses. In looking for a solution to our problem, we explored the possibility of contracting all or part of our refuse collections. Our present municipal collection operation has been in existence for twenty-two years and performs a very satisfactory service for the City and its residents. Information and opinions were solicited from the public and local refuse contractors that we might better grasp the implications of such a transformation. To further assist the Committee in its studies, a recent survey was made of 404 California cities. This survey took into account the methods of collection and financing. This survey showed that at least 382 of the 404 cities have a direct charge to finance all or some of their refuse collection operations. Based on this and other surveys of similar character~ this Committee feels that serious consideration be given to the establishment of some form 163 Bakersfield, California, August 23, 1971 - Page 5 of direct charge to complement the financing of our refuse collec- tion operations. CONCLUSIONS The City is faced with the choice of increasing the City's Tax Rate to compensate for the rising cost of refuse collections and continuing the inequitable treatment of businessmen and resi- dents, or adopting a form of consumer charge which would treat all individuals and all properties on a more equitable basis, each paying for the extent and kind of service received. It is the feeling of the Committee that our tax rate has been burdened by financing too many services that are not directly related to property and the property tax. This piling of the cost of services on the property tax rate has created a high tax rate which has been an obstacle to City growth. We believe that our recommendation for a direct consumer charge will relieve the property tax of some of that burden, and we believe that it will give a new dimension to equity in the property tax rate. We believe that all citizens and all properties will thus be treated on a more equitable basis, each receiving the extent and kind of service for which they pay. Specifically, the Committee recommends adoption of a direct charge for refuse collection, except single family detached dwellings. Under this form of direct charge, payment could be proportional to the volume of refuse and the cost of collection. Single family detached dwellings would be excluded from this direct charge because the service each receives is of the same type. Gross inequities prevalent in multiple units, commercial, and industrial collection services would be regulated by charging for the actual service received. One additional important feature is that all tax-exempt properties will be charged for refuse service which they now receive at no cost. To implement this recommendation, we propose~lhe attached ordinance for a direct consumer charge for all refuse collection 164 Bakersfield, California, August 23, 1971 - Page 6 We ask you ordinance which will increase. service, except single family detached dwellings, to become effective January 1, 1972. The charges for refuse service, as defined in the proposed ordinance, are identical to those presently being paid the private contractors for refuse collection in the City. Based upon these rates, we anticipate an annual revenue of approximately $400,000, less the added annual cost of inspection, billing, and collection of approximately $40,000. Therefore, the annual net revenue to be collected by using the proposed schedule of charges will be approximately $360,000. One half of this amounl; to be collected from January 1, 1972 through June 30, 1972 will be approximately $180,000. This is the amount needed to balance the current budget. In summary, the Governmental Efficiency and Personnel Committee has given this matter long and serious study, and after deliberations, it is our considered opinion that the proposed direct consumer charge is an equitable way to help finance the City's refuse collection operations. to support our recommendation and adopt this eliminate the necessity for a property tax Councilman Rees stated that as a member of the Committee he would emphasize what was said about long and careful delibera- tions. He said that it was suggested to the Committee that this tax upon multiple family residences and businesses be put in force in October or November in order to gain earlier revenue. The con- sensus of the Committee was that it would be a surprise and unfor- tunate shock to these businesses and residences to get the tax earlier than January 1; therefore, we supported this beginning date. He said in his opinion there is no such thing as a painless tax and in our sincere attempt to achieve equity in taxation I'm quite fearful that we are going to find some inequities; neverthe- less, we feel this is the best way of solving our financial problem:s. 165 Bakersfield, California, August 23, 1971 - Page 7 Councilman Rees moved for the adoption of the report and the ordinance was considered given first reading. Councilman Medders stated I have heard the arguments in favor of putting a charge on the refuse collection for busi- nesses, apartments, and the "own your own" or condominium type of dwelling. In effect what we are attempting to do is. extract enough funds from the foregoing sector of the population to balance the budget. I cannot agree with this because these people pay a property tax for services rendered just as other people do, either directly or indirectly. I feel that the owner who lives in a condominium has as much right to City services as any other single unit dweller has because he pays his property tax; also, a common wall or walls is no excuse f.or initiating a discriminatory practice. Many of these citizens only contribute one can of refuse twice weekly. Councilman Rees stated, back to the question of equity as regarding business property vs. residential property, we find that business sections of the community get more police protection than residential sections, business sections of the community get their streets swept daily, some of the residential sections get their streets swept approximately once a month so the equity is inequitable; we have to find a balance as best we can. The in- equitable has already been established and I feel that we are not doing anything further to unbalance it by this proposal. Councilman Medders said that he could not see that the condominium type dwelling gets any of those special services and I don't think they contribute as many problems as the regular residential does. I look on the condominium as being single unit dwellings. _166 Bakersfield, California, August 23, 1971 - Page 8 and After further discussion, motion to approve the report ordinance considered given first reading was adopted by the Councilmen Bleecker, Rees, Rucker, Councilman Medders Councilman Heisey Councilman Bleecker, Chairman of Thomas, Whirremote ment and Parking Committee, read a report on the subject of the Downtown .Business Promotion District Budget, stating the Business Development and Parking Committee and the staff have met with the Board of Directors of the Downtown Business Association, who also serve as the Board of Directors of the Downtown Business Promotion District) to review their proposed 1971-72 Promotion District Budget. Included in this total is $14,500.00 for Christmas decorations the Christmas Parade, and $9,500.00 for office salaries and insurance. This Committee has evaluated the various account requests and recommends that the Council approve the attached 1971-72 Down- town Promotion District Budget and authorize the Finance Director to pay $11,737.50, which is the amount needed to finance the Promotion District for the first quarter expenses of July, August and September, 1971. Upon a motion by Councilman Bleecker, the report was adopted unanimously. Councilman Whittemore, Chairman of the Governmental Efficiency and Personnel Committee, reported that during the past several weeks this Committee and staff have met to discuss the conversion of unused Sick Leave upon retirement. You will probably recall that on June 14, 1971, the Cify Council approved a report from this Committee on the 1971-72 The proposed annual plan of expenditures totals $28,750.00. and following roll call vote: Ayes: Noes: Absent: the Business Develop- 167 Bakersfield, California, August 23, 1971 - Page 9 salary andsupplemental benefit recommendations. Included in that report was a recommendation that the City institute a procedure allowing payment for one half of accumulated Sick Leave at the time of retirement to become effective October 1, 1971. The Sick Leave Ordinance which is attached to this report accomplishes that objective. It provides that an eligible employee, who leaves permanent City service or who must retire from permanent City service because of medical disability, shall be allowed his regular compensation for one half of his accumulated Sick Leave due him up to the effective date of his termination. This ordinance would also amend the present Sick Leave Ordinance by allowing an eligible employee to use Sick Leave as it has been accrued. The present ordinance requires that an eligible employee must have been employed for six months before Sick Leave can be used. This particular change would not increase the amount of Sick Leave benefits. Copies of this revised ordinance have been provided to the various employees' organizations. Upon a motion by Councilman Whittemore adopted and the ordinance considered given first the report was reading. and call Consent Calendar. The following items are listed under the Consent Calendar: (a) Allowance of Claims Nos. 327 to 530 inclusive, in amount of $164,361.33. (b) (c) (d) Upon (d) of the vote: Acceptance of the Work and Notice of Completion for Contract No. 60-71 for Construction of Planz Road Sanitary Sewer between Akers Road and South Real Road. Correctory Grant Deed from Stockdale Development Corporation for a portion of Patriots Park. Street right-of-way Deed from University Christian Church. a motion by Councilman Medders, Items (a), (b), (c), Consent Calendar were adopted by the following roll Bakersfield, California, August 23, 1971 - Page 10 Ayes: Councilmen Bleecker, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: Councilman Heisey Action on Bids. Upon a motion by Councilman Rees, low bid of Rich Valve Company to furnish 97 Fire Hydrants complete with Burys was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. After discussion, upon a motion by Councilman Rucker, contract for Automotive Tires and Tubes for the balance of the year 1971 was awarded to B. F. Goodrich Co. based on County of Kern Contract price schedule, and the Mayor was authorized to execute the contract. Adoption of Ordinance No. 1956 New Series of the Council of the City of Bakersfield amending Section 3.18.060 (Salary Schedule) of the Municipal Code of the City of Bakersfield. Upon a motion by Councilman Bleecker, Ordinance No. 1956 New Series of the Council of the City of Bakersfield amending Section 3.18.060 (Salary Schedule) of the Municipal Code of the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Bleecker, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: Councilman Heisey Adoption of Ordinance No. 1957 New Series of the Council of the City of Bakersfield amending Bakersfield Municipal Code by repealing Chapter 7.44 and substituting in lieu there- of a new Chapter 7.44 regulating the conduct of Massage Services and Massage Establishments and requiring the issuance of a Permit therefor. Upon a motion by Councilman Bleecker, Ordinance No. 1957 New Series 'of the Council of the City of Bakersfield amending the 169 Bakersfield, California, August 23, 1971 - Page 11 Municipal Code by repealing Chapter 7.44 and substituting in lieu thereof a new Chapter 7.44 regulating the conduct of Massage Ser- vices and Massage Establishments and requiring the issuance of a Permit therefor, was adopted by the following vote: Ayes: Councilmen Bleecker, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: Councilman Heisey At this time Councilman Bleecker read a. communication from Verne Wicklille addressed to Mr. Jack Towle, Chief of Police, requesting withdrawal of his application to operate a masseuse facility. Upon a motion by Councilman Bleecker, the communication was received and placed on file. Adoption of Ordinance No. 1958 New Series of the Council of the City of Bakersfield levying upon the assessed valuation of the taxable property in the City of Bakersfield a rate of taxation upon each one hundred dollars of valuation for the Fiscal Year beginning July 1, 1971 and ending June 30,~ 1972. Upon a motion by Councilman Rees, Ordinance No. 1958 New Series of the Council of the City of Bakersfield levying upon the assessed valuation of the taxable property in the City of Bakersfield a rate of taxation upon each one hundred dollars of valuation for the Fiscal Year beginning July 1, 1971 and ending June 30, 1972, by the following roll call vote: Ayes: Councilmen Bleecker, Rees, Rucker, Thomas, Whittemore Noes: Councilman Medders Absent: Councilman Heisey Approval of Addendum to the 1971-72 Budget. Upon a motion by Councilman Rees, Addendum to the 1971- 72 Budget in order to effect its decision to levy a user charge for commercial refuse collection which will provide appropriations 1.70 Bakersfield, California, August 23, 1971 - Page 12 for postage, stationery and the following personnel was adopted: ~ Time Office Clerk - Finance Department ~ Time Cashier - Finance Department Programmer-Console Operator - Finance Department Sanitation Route Inspector - Public Works Department by the following roll call vote: Ayes: Noes: Councilmen Bleecker, Rees, Rucker, Thomas, Whittemore Councilman Medders Absent: Councilman Heisey Claim for personal injuries and prow perry damage from Rebecca Golf referred to the City Attorney. Upon a motion by Councilman Rucker, claim for personal injuries and property damage from Rebecca Golf was referred to the City Attorney. Authorization granted the County Auditor-Controller to levy delin- quent Building Demolition Assess- ments as part of the 1971-72 Secured Tax Roll. Upon a motion by Councilman Rucker, authorization was granted the County Auditor-Controller to levy delinquent Building Demolition Assessments as part of the 1971-72 Secured Tax Roll. Authorization granted the County Auditor-Controller to levy delin- quent Weed Abatement Assessments as part of the 1971-72 Secured Tax Roll. Upon a motion by Councilman Rucker, authorization was granted the County Auditor-Controller to levy delinquent Weed Abatement Assessments as part of the 1971-72 Secured Tax Roll. Approval of request from M. A. Burud, Office Clerk, Fire Department, for Maternity Leave of Absence Without Pay. Upon a motion by Councilman Rees, approval of request was granted for a Leave Without Pay for maternity from September 1 through October 31, 1971, for a total of 61 calendar days. 171 Bakersfield, California, August 23, 1971 - Page 13 Approval of Map of Tract No. 3538 and Mayor authorized to execute Contract and Specifications for improvements therein. Mr. Bennett Siemon made the following statement: I represent some 12 to 15 owners of property on the south side of Panorama, west of Loma Linda. Tract No. 3538 consists of a point of land lying west of the County property, north of Panorama Drive, and West of Manor Street. These owners have objected to the building of a condominium and object to the proposed development in that it is not compatible with the adjacent properties and that it does not conform with the requirements of the Subdivision Ordinance in that the purchasers cannot be guaran- teed access to their property. This is an isolated area consisting of 4.7 acres; the only access is by way of an easement granted to the present owner's predecessor interest, Kern County Land Company, for private road purposes. Most of you are familiar with this project; however, there are two new members on the Council so I would like to give a brief history on the matter. Sometime prior to March 15, 1971, Watson Construction Company commenced building a condominium unit on this land prior to applying for or obtaining a Building Permit. They laid the slabs for the floors, inserted the plumbing that had to be in the slabs, and commenced building a wall. Prior to the commencement of this, they filed their first tentative map of this tract, which provided for the development of this area as a con- dominium. We objected to the approval of the map on the grounds that this was a violation of the Zoning Ordinance, this land being zoned for an R-1 residential area. As a result of our objection Watson Company abandoned their project to the present time. The second tentative map was filed before the Planning Commission on April 7; that map is essentially the same as the map that is before you today. Later the Planning Commission proposed amendments to 172 Bakersfield, California, August 23, 1971 - Page 14 the Zoning and Subdivision Ordinances which were set for hearing July 26, continued to August 9, with the final hearing to be held September 20. These proposed amendments to the Zoning and Sub- division Ordinances were apparently proposed solely for the purpose of allowing a condominium to be built in this subdivision, as it would not fit any other developed area in the City. This matter has been extremely disturbing to the residents of the area because it is obvious that special treatment is being given to the developer. We feel that this special treatment is a result of Dean Gay's actions. Although Dean Gay is directly interested in Watson Realty Company and the development of this point, he has abstained from voting on any of these matters that have come before the Planning Commission, but he certainly has not abstained from directing what is being done. I would like to list some of the special treatment that has been given this area. First they put the sewer in. An ordinary situation when you put in a sewer across a busy street you close half of the street, put half the sewer in, close the other half and put the remainder in. This didn't happen on Panorama Drive, which is one of the main thoroughfares. It was closed completely for a period of approximately two weeks, starting February 8 of this year. Next the Planning Commission approved the subdivision containing a very obvious violation of the Zoning Ordinance. Then the Planning Commission proposed amendments and additions to the zoning and subdivision maps, which could apply only to the Panorama project. Another thing is the failure of the Building Department, the City Attorney, or the City to prosecute Building Code violations. I think that you are all aware the Building Code requires a permit before any construction is commenced. It requires the inspection of reinforcing steel before it is covered, it requires foundation Bakersfield, California, August 23, 1971 - Page 15 inspection, it requires plumbing inspection, none of which were had in this construction. The only Building Permit that had been secured is for building the wall, and that wall was three-quarters completed before the permit was granted. Section 205 of the Building Code provides that any violation of the code is a misdemeanor. It also provides that it is a separate offense for each day that a violation is committed, continued, or permitted. If you want to be technical about it, I imagine the Building Department could find at least four, perhaps six, separate violations, each of which continued for a period of 180 days--7 times 180 days, how many misdemeanors? Has there been a prosecution against Watson Company? Isn't this a special treatment? Would this treatment have been given me if I had been the one that violated the ordinance? To get back to my specific objections to the adoption of this ordinance. First, the average size of the lots on Panorama, in the area I am speaking about, is around 14,000. square feet. These lots that are on this subdivision have in excess of 7,200 square feet required by your ordinance; however, a good portion, greater portion of that 7,200 square feet is side hill that has no earthly use. The adoption of this tract map would permit you to build houses on areas, I would be willing to guess, that would not be more than 3 or 4 maybe 5,000 square feet in the same areas where you have houses with 14,000 square feet lots. I don't think that the proposed development would be compatible with the already developed use in the area. The primary purpose of zoning laws is to prevent damage by encroachment of neighboring property in a manner not compatible with the development of the general locality. I think that is what is going to happen if you approve this map. The map does not comply with the ordinance in two respects. One, Section 16.20.062 requires an offer to. dedicate 174 Bakersfield, California, August 23, 1971 - Page 16 private roads. There is absolutely no way that they can make a valid offer to dedicate this easement from across the County property to the tract. The second is Section 16.20.170 which requires that side lines so far as possible be at right angles to the streets. It says requirement. But if you have side lines that are so far as possible; it isn't an absolute will look at this map, Lots 1, 2, and 3 approximately 45° to the angle of the street. The third objections is that I don't think the purchasers of this property would have any guaranteed right of access. One of the purposes for zoning and ordinances is to protect prospectiw~ purchasers of property. The only access to this land is an ease- ment of 40 feet right-of-way for private access purposes; this was granted to the Kern County Land Company. Is the use by 10 or 11 families an excessive use? I think only the courts can determine this. The County could file an action enjoining the use, or any taxpayer of the County could file a like action if he felt the County's rights were being encroached upon. The County Road Commissioner recommended that public safety would require an extension of this easement into the intersection of Loma Linda. This, of course, is under the jurisdiction of your local Police Department. This was the Road Commissioner's recommendation. You will note on the subdivision map, it shows the water line, the water main to the area running down the County easement into the property. access purpose. The use of excess of the permitted use. The easement is solely for private it for a water main is definitely in I feel for the benefit of the City as the scope of which the City Council is this matter. The City Attorney stated that conforms to the Subdivision a whole this tract map should not be approved. Vice-Mayor Whittemore asked the City Attorney to explain functioning this evening on if a subdivision map Ordinance and the zoning for that Bakersfield, California, August 23, 1971 - Page 17 175 area, then the action of the City Council is purely administrative,. it is not legislative or quasi judicial. You don't make a deter- mination of whether you want to accept the map or if you don't want to accept the map. You accept it, if it conforms to the require- ment of the State law and also local ordinances. On the subdivision map there is an Offer to dedicate; that's all the ordinance requires, an offer to dedicate. We don't have to accept it; we can accept the offer at any time at a subsequent date. It is an irrevocable offer and remains open. Private streets are permitted by the Sub- division OrdinanCe if they also promise to maintain them, which they have done on this subdivision map. The only determination is to see if the map conforms to the State laws and the City ordinances; other than that there isn't any discretion whether you want to accept a subdivision because someone claims that it is not compatible. If it is in the right zone, meets the requirements, then it is purely an administrative action on the part of the City Council. Vice-Mayor Whittemore asked if the map met the require- ments. The City Attorney said that it had been certified by the Director of Public Works and I believe the Planning Department as meeting those requirements. After further discussion, upon a motion by Councilman Bleecker it is ordered that the map of Tract No. 3538 be and the same is hereby approved, that the continuing easement and right- of-way shown upon said map and thereon offered for dedication be and the same are hereby accepted for the purpose or the purposes for which the same are offered for dedication; the offer of dedi- cation of the private street and private access road are hereby rejected. Pursuant to the provisions of Section 11587 of the Business and Professions Code, the City Council hereby waives the requirement of signatures of the following: Bakersfield, California, August 23, 1971 - Page 18 Pacific Gas and Electric Company, easement holder by instrument recorded March 9, 1943 in Book 1090, Page 448, Official Records. Tenneco West, Inc., owner of mineral rights below 500 feet without right of surface entry as per Deed recorded October 30, 1968 in Book 4211, Page 738 of Official Records. The Clerk of this Council is directed to endorse upon the face of said map a copy of this order authenticated by the seal of the City Council of the City of Bakersfield.. I hereby certify that the foregoing order was adopted by the City Council of the City of Bakersfield at a meeting held August 23, 1971. Hearings. Adoption of Resolution No. 63-71 of the Council of the City of Bakers- field declaring that a majority protest has not been made to the annexation of territory designated as "Airpark No. 1" proposed to be annexed to the City of Bakersfield. Upon a motion by Councilman Thomas, Resolution No. 63-71 of the Council of the City of Bakersfield declaring that a majority protest has not been made to the annexation of territory designated as "Airpark No. 1," proposed to be annexed to the City of Bakers- field, by the following vote: Ayes: Councilmen Bleecker, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: Councilman Heisey Adoption of Ordinance No. 1959 New Series approving annexation of a parcel of uninhabited territory to the City of Bakersfield, California, designated as "Airpark No. 1" and providing for the taxation of said territory to pay the bonded indebted- 'hess of said City. Upon a motion by Councilman Thomas, Ordinance No. approving annexation of a parcel of uninhabited New Series 1959 territory Bakersfield, California, August 23, 1971 - Page 19 177 to the City of.Bakersfield, California, designated as !'Airpark No. 1" and providing for the taxation of said territory to pay the bonded indebtedness of said Ci'ty, by the following vote: Ayes: Councilmen Bleecker, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: Councilman Heisey Adoption of Resolution No. 64-71 of the Council of the City of Bakers- field annexing certain territory designated as "Airpark No. 1" to the Greater Bakersfield Separation of Grade District. Upon a motion by Councilman Rees, Resolution No. 64-71 of the Council of the City of Bakersfield annexing certain terri- tory designated as "Airpark No. 1," to the Greater Bakersfield Separation of Grade District, by the following roll call vote: Ayes: Councilmen Bleecker, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: Councilman Heisey This is the time set for public hearing before the Council on the initiated action by the Planning Commission to Zone upon Annexation to an R-1 (Single Family Dwelling), or more restrictive, Zone; to an "A" (Agricultural), or more restrictive, Zone; to a C-2-D (Commercial - Architectural Design) or more restrictive, Zone; and to an M-1-D (Light Manufacturing - Archi- tectural Design), or more restrictive, Zone, of that certain property in the County of Kern located between Casa Loma Park on the north, White Lane on the south side, and from Madison Street on the east side to the westerly boundary which consists of South Union Avenue north of Planz Road and South Chester Avenue south of Planz Road, known as "Airpark No. 1" Annexation. The Planning Commission has reviewed the existing County zoning and proposed developments within this annexation and recom- mends zoning as shown on display map and on file in the Planning Department. 178 Bakersfield, California, August 23, 1971 - Page 20 This hearing has been duly advertised and posted and no written protests were filed in the City Clerk's office. Vice-Mayor Whirremote declared the hearing open for public participation. Mr. William Lott, President of Eonair Corporation, stated I am objecting to the zoning that is proposed to continue as R-l, thaf is approximately midway between South Union Avenue and Madison Street and on the northerly side of Watts Drive. I'm sure everyone is aware that there is an airport there, and Mr. Bender who owns the property has plans for improving this airport and greatly increasing the traffic. We purchased property there as we are in an aircraft accessory manufacturing business. The property next to us has been purchased and contracts have been let to put up a building for an operation similar to ours. When you zone property R-1 adjacent to an airport, you are asking for a lot of complaints and a lot of trouble from the residents who are going to move in adjoining that airport because of the noise factor and other possible hazards, some of them imaginary. I am objecting primarily to this R-1 zoning and I understand applications for subdivisions have been put in and if this air- port expands, as it has a great deal since Mr. Bender has taken over, I feel that this Council is going to be faced with many, many complaints. It has been proven in many situations similar to this that when you zone a place for residences adjacent to an airport, there are petitions which in turn will shut down oriented around that airport. is what I am objecting to. circulated to shut down that airport, the industries that are aviation That particular part of the zoning Vice-Mayor Whirremote declared the hearing closed for Council deliberation and action. Councilman Rees said he would like to hear the reasoning of the staff on the allocation of the R-1 zoning of that particular parcel. Bakersfield, California, August 23, 1971 - Page 21 The Planning Director stated that the parcel is zoned R-S in the County, which is a residential zone; there has been a tentative subdivision map filed with the Planning Commission and approved subject to final annexation. Councilman Rees commented that he would be inclined to go along with the comment that anybody who bought a residential lot there would see the airport, would know that such growth of the airport was possible, and would certainly be taking a con- siderable risk when he made the purchase. The City Attorney commented that what Mr. Lott has said is true. I don't think an R-1 zone should go next to airports but under our existing ordinance you can't prohibit it because if you zoned it a higher use or less restrictive use they could still put it in if they wanted to. We would have to change the whole zoning ordinance in that respect. Councilman Bleecker said that he agreed with Councilman Rees, that anyone buying a house or a lot there for an R-1 use would certainly know the airport was there. If it was the other way around and we were asked to approve an airport that would be adjacent to an existing single family dwelling, I don't think I could vote for that. After further discussion, upon a motion by Councilman Thomas, Ordinance No. 1960 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 Map) of the Municipal Code of the City of Bakersfield, was by the following vote: Ayes: Councilmen Bleecker, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: Councilman Heisey (Zoning adopted Bakersfield, California, August 23, 1971 - Page 22 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Medders the meeting was adjourned at 9:45 P.M. ATTEST: ~31~y OI l~aKersTiel(J,~lf. MARIAN S. IRVIN CITY CLERK and Ex-Officio Clerk of the Council of the City of Bakersfield, California C1TYCLERK'S ASSISTANT Bakersfield, California, August 30, 1971 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P. M., August 30, 1971. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend John Jaster of the Lutheran Church of Prayer. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Medders, Rees, Rucker, Thomas, Whirremote Absent: Councilmen Bleecker, Heisey Minutes of the regular meeting of August 23, 1971 werw approved as presented. Mayor Hart announced that this was the time for scheduled public statements, but inasmuch as all of the requests this evening are relative to Item 3a on the agenda, I'm going to ask that those persons requesting permission to speak on this item wait and speak at that part of the meeting. Correspondence. Upon a motion by Councilman Whittemore, communication from Maurice J. McDonald commending Chief of Police Towle and the Police Department was received and placed on file. Upon a motion by Councilman Rucker, communication from the Panorama Gardens Community Association protesting the Refuse Collection Charge on condominiums, was received and placed on file. Council Statements. Councilman Whirremote pointed out that there were some members on the Citizens Advisory Committee, appointed to assist in a study and to make recommendations to the Highway Department relative to Freeways, who are no longer residents of the City of Bakersfield. Councilman Whirremote, made the motion to disband the existing committee and the Mayor and City Council members be permitted to re-appoint members and make new appointments to this Committee. This motion carried unanimously. Bakersfield, California, August 30, 1971 - Page 2 Reports. Councilman Rucker, Member of the Business Development and Parking Committee read the following report on the subject of Extension of the Downtown Parking Mall: The Committee, staff and members of the Board of Directors of the Downtown Business Association have met to discuss an exten- sion of the present Downtown Parking Mall, south to Truxtun Avenue. The extension, if implemented, will make a one-way street out of 17th Street going west between "H" Street on the west and "L" Street on the east. Eye Street will be extended as a one-way street going south from 18th Street to Truxtun Avenue. "K" Street will be extended as a one-way street going north from Truxtun Avenue to 18th Street, east and west bound traffic will be continued on 18th Street. Angle parking will be authorized on 17th Street, Eye and "K" Streets within the described area. This proposed program will increase parking space 100% within that area. One 36-minute parking space will be placed at the end of each block and two 36- minute parking spaces will be placed in the middle of each block for people who are in a hurry. The remaining parking spaces will be 2-hour periods of time. Pedestrians will be permitted to cross one-way streets within the area without the need of going to the end of the block for such purposes. To implement this program, the City will have to transfer $2,500 from the City Council's Contingency Reserve to purchase the necessary barricades, traffic signs, and other related items. The Board of Directors of the Downtown Business Association have indicated to this Committee their enthusiastic support of this proposal and would like to see it implemented as soon as possible. Therefore, this Committee recommends that this report be approved, that the present Parking Mall Ordinance be amended to implement the recommendations contained herein, and that $2,500.00 be transferred from the City Council's Contingency Reserve.with Bakersfield, California, August 30, 1971 - Page 3 183 $1,500 going to Account No. 11-660-1100 for the purchase of barri- cades, and $1,000 to Account No. 11-622-1200 for the purchase of traffic signs. Mr. Bergen stated that inasmuch as the Chairman of the Business Development and Parking Committee isn't here and we were unable to get this report out until this evening, I would suggest that you receive and file the report and consider the ordinance as given first reading. At the meeting of September 13, the Council can act on the report and ordinance. Upon a motion by Councilman Rucker, the report was received and placed on file and the ordinance was considered given first reading. This motion carried unanimously. Cou-ncilman Whittemore, Chairman of the Governmental Efficiency and Personnel Committee read a report relative to the Emergency Employment Act of 1971: The Federal Government recently enacted the Emergency Employment Act of 1971 which, in effect, is designed to combat unemployment in the nation through the employment of persons in new and existing public service jobs. The Department of Labor has appropriated $250,000,000 to be used by Special Employment Assistance Programs in areas having an unemployment rate above 6%. The Act provides for Federal Funding at a 90% level with the remaining 10% local share made up through "in-cash" or "in-kind" contributions. Under the operating procedures established by the Depart- ment of Labor, sixty-six (66) local "Program Agents" have been designated throughout California to develop local programs under this act. The County of Kern has been designated as this area's Program Agent, as only those cities with a population of 75,000 people or more receive funding directly from the Federal Government. The City of Bakersfield has been notified by the County thai the eleven cities within Kern County are to receive $110,000 of the total $1,063,400 allocated for local programs in this area. 184 Bakersfield, California, August 30, 1971 - Page 4 Of this $110,000, the City of Bakersfield is to receive $48,000. This money will be used to employ approximately five to seven additional personnel. It is the Committee's intention to fill those positions that were disapproved at budget time due to lack of funds. Consideration is also being given to fill new positions in the Refuse and Data Processing Divisions due to the City's new Refuse Collection Program. According to the rules established by this act, benefits should be given to special veterans of Indo-China or Korea as of August 1964. Also, the persons hired must presently be unemployed and live within the boundaries of the program agents. Salaries paid may not be higher than $12,000 annually, not including fringe benefit costs, and only one-third of the employees may be in professional capacities. In order to apply for these funds, the City must file an application with the County of Kern prior to Friday, September 10, 1971. Since the City Council will not be meeting again until Monday, September 13th, this Committee would like to recommend that the City Manager be given authorization to file the necessary application forms. Copies of the completed application will be forwarded to the members of the Council. Upon a motion by Councilman Whittemore, the report was approved. Councilman Rees commented that we do not propose to use these Federal Funds to make work, that is, rake leaves which might just as well be left there, but rather to fill those positions essential to the welfare of the City. The City could be in jeopardy with one of the programs with the Federal Government because of the lack of funds for the position of Building Inspector. This position should be given first priority so that our workable program application to the Federal Government is not jeopardized. 1.85 Bakersf±eld, Calllorn±a, August 30, 1971 - Page 5 Councilman Medders asked if it was to be an "in-kind" or "in-cash" contribution or a combination of the two. City Manager Bergen said the City's share would be "in- kind" services and fringe benefits. Councilman Rucker pointed out that there have been pro- grams where all the money has gone to one or two individuals. I would like to see the money distributed in smaller amounts to a larger number of people. After further discussion, the motion to approve the report, carried unanimously. Consent Calendar. Upon a motion by Councilman Medders, Item (a) of the Consent Calendar was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Medders, None Councilmen Bleecker, Rees, Rucker, Thomas, Whittemore Heisey Action on Bids. Upon a motion by Councilman Whittemore, low bid of D. M. Kitchen for construction of Reinforced Concrete Pipe Culvert at Stine Canal and Wilson Road and construction of improvements as 34th Street and the Kern Island Canal was accepted, all other bids rejected, and the Mayor was authorized to execute the Contract. Adoption of Ordinance No. 1961 New Series of the Council of the City of Bakersfield amending the Bakers- field Municipal Code by repealing Chapter 8.48 and substituting in lieu thereof a new Chapter 8.48, pro- viding for the collection, removal and disposal of refuse and establish- ing a direct charge therefor. At this time Mayor Hart called upon persons who had requested permission to be heard regarding the proposed Refuse Collection Ordinance. 186 Bakersfield, California, August 30, 1971 - Page 6 Mr. Ralph Poehner, stated my complaint is to make and not as apartment dwellers, unit and the adjacent one. We 3901 Union Avenue, Panorama Gardens, people aware that we as homeowners, have an attached wall between our receive the homeowner's exemption and pay taxes as you would on your home. The only thing we share is a common wall. We pay our gardener in a group effort and main- tain a swimming pool together, but we are individuals. As far as our refuse being picked up, we each have two A truck goes down our alley, stops once - picks up four cans. units. Two - 30 gallon feet and does likewise. guess 7 to 10 minutes. containers, the truck moves up another 120 He can pick up our 35 units in I would I'm sure he can't do that in a residential area. Also all of our garden trimmings are carried away by the gardener. We feel that condominium owners should be removed from the ordinance. Mr. Craig Jenkins stated that he was an owner of a con- dominium at 2811 Summit Circle and was here to speak in opposition of the proposed Refuse Collection Charge. I think that you are discriminating against homeowners in this ordinance. We are not businesses, we are individuals. I have a serious question as to the constitutionality of the proposed ordinance. I think it is arbitrary, unreasonable and double taxation. Mr. Frank Clark said he was here to speak in opposition to the proposed Refuse Collection Charge on behalf of the restau- rant owners of Kern County. The number of taxes that we have to pay keep growing by leaps and bounds. Our business brings in a lot of tax money to the City of Bakersfield. We do not want any special consideration, but feel that if one is charged all should be charged. Mr. Gorrell Norman representing Crest Arms stated that he would like to express their opinion of the inadequacy of this proposed Refuse Collection Charge. We feel that we should be considered on the basis of a single-family dwelling. Bakersfield, California, August 30, 1971 - Page 7 ~_~7 Cy Lowen representing Riviera Gardens in Westchester stated they were also opposed to the proposed Refuse Collection Charge. Alameda Range, 2822 Summit Circle, representing 26 owners: of Panorama Highway North, stated they also wished to express their opposition to the proposed ordinance as it was presently written. This particular condominium is not considered to have a common wall. The Insurance Underwriters decided that since we do not have a common wall, they could insure us as individual homeowners. We do pay our taxes individually, both on the land and the building. We feel this. is an unjusttried discrimination. Adeline Remerouski representing Oleander Arms stated they were protesting on the grounds that their containers are only 20 gallon capacity and not the minimum container which is 32 gallons. Gene Prehoda representing Villa Vista said there is one point that I would like to add; all of our apartments are zoned R-l, so they are individual family dwellings. Burdell Dickinson., President of the Bakersfield Apartment Owners Association, said they have obtained legal counsel and we have been advised that the ordinance is not legal. We had over- sized ~ontainers built according to City Standards; now we will be penalized for having larger containers. I think the charge should be based on the number of apartments that a complex has, not the size of the container. We are also considering going to court if this ordinance is adopted. Mr. Jing, Director of Public Works pointed out that the unit cost on a bin is less than individual cans. Mr. Dale Stolter, representing Speedie Catering stated this will be an additional $500 to $600 in taxes. The only thing I ask you people to remember is that business has to survive in this town for you to be here. Bakersfield, California, August 30, 1971 - Page 8 Councilman Rees stated that during budget sessions we had to consider various alternatives. At the present moment we have a limited number of alternatives. We have already set our tax rate, therefore, we cannot raise the property tax, although we did have that alternative earlier in the year. From my point of view it resolves itself now into a discussion of what is legal and what is not legal. The Council is obligated to rely upon the opinion of its Attorney. I would appreciate it if our City Attorney would explain the City's position at this time. Mr. Hoagland stated it seems that we get more of these law suits than the larger cities who have been doing these things for years, such as Los Angeles. I am not prepared to say that this ordinance is unconstitutional; as a matter of fact I am pre- pared to say just the opposite, until a court of competent juris- diction determines it unconstitutional. Everytime we enact some- thing whether it is a Hotel Tax or a Theatre Ticket Tax, we get the same plea before the Council. Both cases that have gone to the Supreme Court have been held valid. Constitutional questions come up on any ordinance we may propose and in my opinion its a matter of classification, proper classification as opposed to improper classification. I feel that the classification is entirely proper for such an ordinance. I would be a little bit worried if you start granting exemptions to one group or another in which you could conceivably enter into a realm of true discrimination within a class. I feel that the ordinance will stand up. It's not to say that I can't be mistaken. I just wish that I was as sure of anyone thing as representative counsel seems to be of everything. Councilman Rees said it was quite possible that some people in the audience did not realize that the fee for most condominium owners is $2.48 per month~ As indicated by Mr. Jing, if people went together with a bin they could get along on less than $2.48 per month. When we levied the 5% Utility Tax last year, there was evidence at that time~ some businesses were going to be literally hurt. I raise a question whether any individual living in an apartment or condominium will be literally hurt when he is saving on his Property Tax and paying $2.48 for Refuse Collection. Mr. Craig Jenkins said it's a matter of principle. You are establishing a dangerous precedent to homeowners. Mr. Bergen said the ordinance refers to a single family detached dwelling. It doesn't make any mention of ownership or renter~ it doesn't discuss a single family. You have single families living in apartments, in duplexes. You are talking about a single family detached dwelling, this is a certain type of structure. Councilman Medders said he hadn't changed his opinion from last week. I have heard all the Council had to say and all that the City Manager had to say and I just can't bring my thinking in line with that line of thinking. If a person owns his place and pays his taxes, he just flat owns it and pays his taxes. It doesn't matter if it happens to have a common wall and I'm going to be hard pressed to believe that somebody couldn't get the ordinance turned over. After further discussion, upon a motion by Councilman Rees, Ordinance No. 1961 New Series of the Council of the City of Bakersfield amending the Bakersfield Municipal Code by repealing Chapter 8.48 and substituting in lieu thereof a new Chapter 8.48, providing for the collection, removal.and disposal of refuse and establishing a direct charge therefor, was adopted by the following vote: Ayes: Noes: Absent: Councilmen Rees, Rucker, Thomas, Councilman Medders Councilmen Bleecker, Heisey Whirremote 190 Bakersfield, California, August 30, 1971 - Page 10 Adoption of Ordinance' No. 1962 New Series of the Council of the City of Bakersfield amending Section 3.18.200 (Sick Leave) by amending Subsection (i) and adding Subsection (j) of the Municipal Code of the City of Bakersfield. Upon a motion by Councilman Whirremote, Ordinance No. 1962 New Series of the Council of the City of Bakersfield amending Section 3.18.200 (Sick Leave), by amending Subsection (i) and adding Subsection (j) of the Municipal Code of the City of Bakers- field, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Medders, Rees, Rucker, Thomas, Whittemore None Councilmen Bleecker, Heisey First reading of an Ordinance of the Council of the City of Bakersfield amending Section 11.04.754 of the Municipal Code (Speed Limit on Uni- versity Avenue east from Haley Street to the City Limits). First reading was considered given an Ordinance of the Council of the City of Bakersfield the Municipal Code (Speed Limit on Haley Street to the City Limits). Claim for personal injuries from Cathy Ann Bilas, a minor, by her guardian Richard A. Bilas referred to the City Attorney. amending Section 11.04.754 of University Avenue east from Upon a motion by Councilman Rucker, claim for personal injuries from Cathy Ann Bilas, a minor, by her guardian Richard A. Bilas', referred to the City Attorney. Claim for personal injuries and property damage from Vicki Lorraine Fager referred to the City Attorney. Upon a motion by Councilman Rucker, claim for personal injuries and property damage from Vicki Lorraine Fager, was referred to the City Attorney. Bakersfield, California, August 30, 1971 - Page 11 191 Approval of Map of Tract No. 3494 and Contract and Specifications for Improvements therein. Upon a motion by Councilman Thomas, it is ordered that the Map of Tract No. 3494 be, and the same is hereby approved: That all the easements, drives, roads, streets and avenues shown upon said Map, therein offered for dedication be, and the same are hereby, accepted for the purpose for which the same are offered for dedication. Pursuant to the provisions of Section 11587 of the Business and Professions Code, the Council of the City of Bakers- field hereby waives the requirement of signatures of the following:: NAME NATURE OF INTEREST Tenneco West, Inc. formerly Mineral rights below a Depth Kern County Land Company of 500 feet with no right of surface entry Tenneco West, Inc. formerly The right to pass over and Kern County Land Company across said land for ingress to and egress from any lands of Kern County Land Company, which are not accessible from any public road, highway, or over other lands of said com- pany as excepted and reserved in that deed recorded May 27, 1960 in Book 3271 at Page 26, O. R., County of Kern. The Clerk of said Council is directed to endorse upon the face of said map a copy of this order authenticated by the seal of the Council of the City of Bakersfield. Hearings. This is the time set for public hearing before the Council on application by Norman K. Larson to amend the zoning boundaries from an R-1 (Single Family Dwelling) Zone to a C-2 (Commercial), or more restrictive, zone of that certain property commonly known as 2800 Larson Road. This hearing has been duly advertised and posted and notices sent as prescribed by law. No written protests have been filed in the City Clerk's office. Bakersfield~ California, August 30, 1971 - Page 12 Property was existence at the time. use. Since Annexation, Board of Zoning Adjustment, one in Jul~ 1967 the dairy plant and the other in April, 1968 station. annexed in 1967 and the dairy use was in The use was and is a legal non-conforming two variances have been granted by the for an addiction to for a self-service The Planning Commission would recommend approval of the application subject to the "D" (Architectural Design) Overlay as applied to the adjacent commercially zoned 'properties. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received and no one speaking in favor of the rezoning, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Whittemore, Ordinance No. 1963 New Series amending Title 17 of the Municipal Code by changing the Land Use Zoning of that certain property commonly known as 2800 Larson Road, was adopted by the following vote: Ayes: Noes: Absent: Councilmen Medders, None Councilmen Bleecker, This Rees, Rucker, Thomas, Whirremote Heisey is the time set for public hearing before the Council on application by Bruce Lachenmaier to amend the zoning boundaries from an R-1 (Single Family Dwelling) Zone to a C-2 (Commercial), or more restrictive, Zone on that certain property commonly known as 2125 & 2129 Brundage Lane. This hearing has been duly advertised and posted and notices sent as prescribed by law. No written protests have been filed in the City Clerk's office. The zone change request consists of two parcels--one parcel is developed with commercial use (Heidi's Pie Shop) and the other parcel is developed with a single family dwelling. Wedged in between the southerly portion of subject parcels is a parcel 65 feet by 176 feet developed with a single family dwelling. 193 Bakersfield, California, August 30, 1971 - Page 13 In view of the continuing change in character of this portion of Brundage Lane from mixed uses (dwelling and marginal commercial) to viable commercial usage and the major arterial designation and usage of Brundage Lane, the Planning Commission would recommend kpproval of the zone northerly portion of both parcels to line of the east-west alley in Tract change to a C-2-D for the the prolongation of the south 1235 to the east of said parcels. The remaining southerly portion of Parcel #l which is part of the required parking area for Heidi's Pie Shop, be zoned (Automobile Parking). The southerly portion of Parcel #2 presently undeveloped, be zoned R-2-P-D (Limited Multiple Family Dwelling - Architectural Design - Automobile Parking) which would be more compatible with adjacent single family homes that face Roosevelt Street. The "D" Overlay would insure a compatible development of said parcels whether developed as a parking area or low density residential. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received and no one speaking in favor of the rezoning, the public hearing was closed for Council deliberation and action. Councilman Thomas said he wanted the record to show that at the Planning Commission meeting held August 4, the owner of the property agreed to build a concrete wall on the southerly boundary of the property in order to keep the flow of traffic off Roosevelt Street. Upon a motion by Councilman Thomas, Ordinance No. 1964 New Series amending Title Seventeen of the Municipal Code by changing the Land Use Zoning of that certain property commonly known as 2125 & 2129 Brundage Lane, was adopted by the following vote: Ayes: Noes: Absent: Councilmen Medders, Rees, Rucker, Thomas, Whirremote None Councilmen Bleecker, Heisey 194 Bakersfield, California, August 30, 1971 - Page 14 This is the time set for public hearing before the Council on application by Stockdale Development Corporation to amend the zoning boundaries to an R-3-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive, zone; to a C-0-D (Professional Office - Architectural Design), or more restrictive, zone; to an R-1Hosp (Single Family Dwelling - Hospital), or more restrictive, zone; to an R-2-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive, zone; to a C-2-D (Commercial - Architectural Design), or more restrictive, zone; and to a C-1-D (Limited Commercial - Architectural Design) or more restrictive, zone, affecting that certain property located north of Stockdale Highway and west of California Avenue; and south of Stockdale Highway and east of New Stine Road. This hearing has been duly advertised and posted and notices sent as prescribed by law. No written protests have been filed in the City Clerk's office. The zone change request involves two separate tracts in the same general vicinity. One tract lies westerly and northerly of California Avenue extension and the other tract lies southerly of Stockdale Highway and easterly of New Stine Road. Generally, the requested change involves the shifting and clustering of existing zones with the exception of the change of the C-2-D to C-0-D on that portion that lies southerly of Stockdale Highway and easterly of New Stine Road. The Planning Commission would recommend approval of the requested zone change as submitted. Mayor Hart declared the hearing open for public partici- pation. Mr. Don White, Director of the Real Estate Development Department for Tenneco, West, stated he was here to answer any questions the members of the Council might have. No protests or objections being received, the public hearing was closed for Council deliberation and action. 195 Bakersfield, California, August 30, 1971 - Page 15 Planning Director Dewey Sceales reviewed the requested changes in the zoning. After discussion, upon a motion by Councilman Medders, Ordinance No. 1965 New Series of the Council of the City of Bakers.- field amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located north of Stockdale Highway and west of California Avenue; and south of Stockdale Highway and east of New Stine Road, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: Councilmen Bleecker, Heisey Councilman Rucker stated that in the Southeast part of Bakersfield the cross streets were in poor condition as a result of an overflow of water from watering lawns, and asked the Director of Public Works to inspect this area to see what can be done. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Medders the meeting was adjourned at 9:20 P.M. ATTEST: Calif. MARIAN S. IRVIN CITY CLERK and Ex-Officio Clerk of the Council of the/City of Bakersfield, C~iforn~a 196 Bakersfield, California, September 13, 1971 Minutes of the regular meeting of the Council of City of Bakersfield, California, the City Hall at eight o'clock P. The meeting was called by the Pledge of Allegiance and Invocation by Councilman Heisey. The City Clerk called the roll as follows: Present: Mayor Hart. Absent: None Minutes the held in the Council Chambers of M., September 13, 1971. to order by Mayor Hart followed Walter Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore of the regular meeting of August 30, 1971 were approved as presented. Correspondence. It was moved by Councilman Rees that a petition signed by 120 residents of the Greater Bakersfield area urging the Bakers-. field City Council to immediately adopt the freeway route along 24th Street as proposed by the State of California Division of Highways in order to get the project underway without further delay', be received and ordered placed on file. Councilman Bleecker requested that the motion be amended to include that the petition was submitted to the City Clerk by an employee of the Watson Construction Company. After discussion, the motion as amended carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Council Statements. Councilman Bleecker stated that he had missed the Council meeting of August 30, 1971 and quoted from the minutes relative to the action taken by motion of'Councilman Whittemore to disband the existing Citizens Advisory Committee appointed to assist in a study and to make recommendations to the State Highway Department relative to the Freeway. He pointed out that both he and Councilman Heisey were absent from this meeting and as both of them are members of the Citizens Advisory Committee he felt this action should have been taken when he, as Chairman of the Committee, was present to answer questions. He has looked into the matter with the staff and it would appear that out of twelve members of the Committee, only one had moved from the City and he could see no reason for acting to disband the entire Committee. Councilman Whittemore commented that there was no reason for his motion other than to clean up the committee, and the same members can be re-appointed or someone new can be appointed by each member of the Council. There are actually only ten members, one appointed by each Councilman and three Council members desig- nated by the Council. Three of these members are not qualified to sit on the committee, as Mr. Vetter is no longer a Councilman and Mr. Franks and Mr. Kraetsch have moved out of the City. Councilman Rees commented that to clarify the record, Mr. Ralph Kraetsch has moved out o£ the City and he has already appointed Mr. Robert M. Castle of 3311 Christmas Tree Lane to replace him. Councilman Whittemore appointed Mr. Ronald L. Dillon, 3812 Wenatchee Avenue to the Committee and stated he would urge this Committee to start £unctioning, hold meetings and make recom- mendations back to the Council as soon as possible. Councilman Bleecker stated that as Chairman, it was his understanding that there were many more facts and figures to be submitted to the Committee by the State of California and he doesn't think the Committee is ready to act until this information is forthcoming. Councilman Whittemore stated that as he understands it the figures are available from the State of California, and if the Citizens Advisory Committee is going to function as legally consti- tuted, it is necessary to re-form the Committee. Councilman Bleecker commented that as Chairman of the Committee, he feels that out of courtesy he should have been notified of the intention of the Vice-Mayor to call for disbandment of the Committee. Councilman Whittemore replied that Councilman Bleecker was not present at the meeting and he felt that it was urgent to have a qualified committee appointed to hold meetings on this important matter without further delay. 198 Bakersfield~ California, September 13, 1971 - Page 3 Councilman Bleecker then moved that nominations be held for Chairman of the Citizens Advisory Committee. Councilman Rees commented that it would appear to him the committee itself should be appointed before selecting a Chairman. He offered a substitute motion that the committee be re-formed and that appointments be made at this time, or as soon as the availability of the appointees is determined. Councilman Bleecker withdrew his previous motion and Councilman Rees' motion carried unanimously. The following appointments were made to the Citizens Advisory Committee for Freeway Study: Robert M. Castle 3311 Christmas Tree Lane Ronald L. Dillon 3812 Wenatchee Mrs. Salene Stevens 1118 Chico Street Harry W. McDonald 3504 Bryn Mawr Robert E. Jones 2500 Renegade Avenue Frank A. Ghezzi 2914 - 21st Street Councilman Rees Councilman Whittemore Councilman Rucker Councilman Thomas Councilman Heisey Councilman Bleecker Councilman Medders stated that he would prefer to wait next meeting to make his appointment. The Council then until the unanimously approved the appointments. Councilman Rees nominated Councilman Bleecker to act as Chairman of this Committee. Councilman Bleecker declined the nomination and made the following statement: I wish to thank Councilman Rees for nominating me. The Freeway Development Plan has been in the works for so long that having been Chairman, I find there are so many preconceived ideas by the State of California~ by the Technical Coordinating Committee, by other in authority including the Planning Commission some of which who may have a definite conflict of interest in this issue, that I would feel more comfortable as a private citizen with the 199 Bakersfield, California, September 13, 1971 - Page 4 opportunity to be a member of the not as the Chairman. There are a might bring up at the proper time committee as a Councilman but number of things that I feel I that would not behoove me as the Chairman of the committee to take the prerogative to do so. I feel that the Chairman in conducting the meeting should be unbiased. I am not unbiased, I have learned a lot, I intend to fight and I would feel much more comfortable as a member instead of Chairman. Councilman Rees then nominated Councilman Heisey as Chairman of the Committee, which action was unanimously approved by the Council. Councilman Rucker nominated Councilman Medders as a member of the committee. Councilman Thomas nominated Vice-Mayor Whittemore who declined the nomination stating he serves on another committee relative to this matter. He then nominated Councilman Thomas. The Council unanimously approved the nomination of Councilmen Medders and Thomas to serve on this Committee. Councilman Rees moved that the Committee be directed to meet at its earliest opportunity and report back to the Council in the near future o~ its findings for the location of the crosstown freeway. This motion carried unanimously. Councilman Whirremote asked Mayor Hart to write letters of appreciation to former Councilman Vetter and those members of the Committee who would no longer be serving on the Citizens AdvisOry COmmittee, and this action was unanimously approved. Councilman Heisey stated that he had just returned from two weeks duty at Annapo]~ Naval Academy and that he has been counseling young men in Kern County for Academy appointments. The have a vigorous minority program and he urged all young men between the ages of 17 and 22 who are to contact him. He read a letter from Arthur E. the King Lumber Company, stated that the interested in a naval career Masters, President of recommendations of the 200 Bakersfield, California, September 13, 1971 - Page 5 Bakersfield Council Governmental Efficiency and Personnel Committee concerning the new proposed refuse collection rates were quite disappointing to businesses already paying large amounts of tax dollars. It is readily understood that the scope and extent of these charges ark higher than should have been assessed. The King Lumber Company has endeavored to go along in the efforts to improve the air pollution in Bakersfield at a cost of over ten thousand dollars. Besides paying $3,731.43 in City taxes this past year, the changeover will further cost $35.20 per month, for an annual total of $422.40 additional. The high cost of refuse collection as proposed by Bakersfield Governmental Efficiency and Personnel Committee will unquestionably lead to further inflation and less desirable evaluation already contributing to the economy of the community. Apartment houses will also be penalized as they are paying considerable in City taxes and this refuse tax will be added on top of their already high tax burden. man Medders that the refuse measure will condominium dwellers. They realize that They agree with Council- burden businessmen and the tax levy probably had to be increased, but it is unfortunate that the City Council believes that the businesses who provide a large share of the support in the City of Bakersfield should be unduly penalized. Councilman Heisey stated that to single out the business and commercial interest.s to bear the entire cost of the refuse program is morally unjust, it is. obviously unfair, and it grieves him to see the Council take such action. If there is going to be a refuse charge, it should have been placed on all the people of Bakersfield not just one particular segment. The business and commercial people feel that they are being singled out and justly so, for this special tax. If it had been pro-rated to all the property owners of the City, all citizens of the City could have enjoyed a fifty or sixty cent tax reduction. While the action has already been taken, he feels that the Governmental Efficiency and Personnel Committee needs to consider this matter in the months ahead as it isn't too late to amend the ordinance so that it can be a more equitable way of financing the refuse collection. Bakersfield, California, September 13, 1971- Page 6 Councilman Rees letter from Mr. Masters who is a constituent of his asked the.Public Works Department staff to give him that he can in turn relay to Mr. Masters as soon as stated that he had received the same Ward. He has information the figures are compiled, indicating how much refuse collection he would require daily and what he would be gaining from a tax saving. Councilman Medders stated he has been looking over the Refuse Ordinance and referred to the section which states that after the.ordinance becomes effective collection will no longer be made from underground or submerged refuse containers. He asked the City Manager if this provision could not be removed from the ordinance. Mr. Bergen stated they have had several calls and he feels that this section should be evaluated further. He has dis- cussed this with the Public Works Department, they are going to have a meeting with the Committee this week and will come back with a recommendation at the next Council meeting. He feels that this section should be modified and at the very minimum give the occupant a period of six months to a year to phase in~ While the staff is studying the matter, they will recommend that the present method of pick-up be continued. Councilman Medders commented on the fact that he has seen references in the newspapers to the "Just People" group where it is stated that "they" will not permit the group to occupy a building in the City, and he asked the City Manager to identify the term "they." Mr. Bergen replied that he feels the references go back to past action taken before the City Council went on record as supporting this group. He stated that the Council is probably getting credit where it is not deserved. Reports. The City Clerk read a communication signed by Dean A. Gay, Chairman of the Planning Commission, in which it was stated that the Planning Commission held an informal public hearing on Septembe:~ 1, 1971, on a report of the Commission's Transportation Committee relative to-the extension of Freeway 178 and 58 between "M" Street and Freeway 99 along the 23rd-24th Street corridor. After.review of the findings of the Transportation Committee and consideration '2O2 Bakersfield, California, September 13, 1971 - Page 7 of the testimony received, the Planning Commission approved the report and recommended in concept that Freeway 178 be continued from the present terminus westerly along 23rd-24th Street to inter-- sect Freeway 99 and that studies on Freeway alternates westerly of Freeway 99 be continued and consideration be given at a future date. Councilman Bleecker asked Mr. Bergen if it would be proper for the City Council to hold public hearings to consider the proposed freeway routes for the westerly extension of 178 Freeway. Mr. Bergen replied that it would be entirely proper, it has always been the policy of the State Division of Highways to obtain as much publicity as it can on any proposed freeway routes. The Council can hold its own public hearing and can request the State to provide maps and exhibits and to have State Engineers and representatives present to answer any. questions posed by the public: or the Council~ In addition to that, the State will undoubtedly hold hearings of its own, but the Council can certainly augment the State's hearing and indicate that it is desirous of holding public hearings on the proposed routes. Councilman Bleecker commented that it has been obvious for some time that the Engineering Department of the State of California has its own preference for a certain route through the City of Bakersfield for the so-called crosstown freeway. If the Department of Engineers of the State of California had taken a neutral attitude, and done nothing but supply information to the Planning Commission and the Citizens Advisory Committee when requested and made its recommendation at the time all the evidence was in, it would have been more proper. Therefore, he feels that the attitude for the Council to take would be to ultimately hold public hearings itself with the State Engineers present to answer any questions from the public or the Council and he made a motion to that effect, requesting that the hearings be held under the jurisdiction of the Council as a Committee of the whole, and that proper notice be given so that every citizen would have the oppor- tunity to attend and express his views. Councilman Whirremote stated that he feels the report of the Planning Commission should be received, that the Citizens Bakersfield, California~ September 13, 19?l - Page 8 2O3 Advisory Committee should become active on the matter as soon as possible, and after all committees have made their recommendations to the Council and the Department of Public Works of the State of California has held its public hearing, then the Council should most certainly hold a public hearing. After discussion, vote was taken on Councilman Bleecker's motion which carried unanimously. Upon a motion by Councilman Whirremote, report from the Planning Commission on the subject of westerly extension of 178 Freeway between "M" and 24th Streets and Freeway 99 was received and ordered placed on file and referred to the Citizens Advisory Committee on Freeways for study. Appointment of voting representatives for voting at the business sessions to be conducted at the Annual League of California Cities Conference in San Francisco. Upon a motion by Councilman Rees, Mayor Hart was desig- nated as voting representative and Vice-Mayor Whittemore as the alternate voting representative for voting at the business sessions. of the Annual League of California Cities Conference to be held in San Francisco on September 26-29, 1971. Proposed Ordinance amending the Zoning Ordinance regulating planned unit development withdrawn from further action until future date. It was moved by Councilman Whittemore that proposed ordinances amending the Zoning Ordinance regulating Planned Unit Development which had been given first reading on August 9, 1971, be withdrawn from further action at this time and be placed on the agenda at a future date. After discussion, this motion carried unanimously. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 580 to 693 inclusive, in amount of $112~356.27. (b)Application for an Encroachment Permit from Kern Community C~llege Districi. (c) Application roy an Encroachment Permit from Standard Oil Company. 2O4 Bakersfield, California, September 13, 1971 - Page 9 (c) of vote: Ayes: Upon a motion by Councilman Medders~ Items (a), (b) and the Consent Calendar were adopted by the following roll call Councilmen Bleecker,' ~eisey, Medders, Rees, Rucker, Thomas, Whirremote Approval of Transfer of Funds for fees for processing. non-criminal fingerprints for City employees. The Department of Justice of the Office of the State of California now requires a Noes: None Absent: None General of the Attorney fee of $3.10 for the processing of non-criminal fingerprints for all new City employees and Police Department applicants. Upon a motion by Councilman Medders, transfer of funds in amount of $1,800 from Fund 11-510-6100 to Fund 11-520-4200 - $700; 11-620-4200 - $1,000; and 11-640-4200 - $100, was approved. Action on Bids. Upon a motion by Councilman Bleecker, bid of Brown-Bevis Equipment Company for Heater Planer was accepted, this being the only bid received. Upon a motion by Councilman Heisey, low bid of Hemisphere, Construction, Inc. for construction of Vernal Place Storm Drain and Pump Station was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. After discussion, upon a motion by Councilman Medders, low bid of Hopkins Roofing Co. for re-roofing Police Building was accepted, all other bids were rejected and the Mayor was authorized to execute the contract. Deferred Business. Upon a motion by Councilman Rees, Ordinance No. 1966 New Series of the Council of the City of Bakersfield amending Section 11.17.020 of the Municipal Code relative to boundaries of the Central Parking Mall, and report of the Business Development and Parking Committee were adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Noes: None Absent: None 2O5 Bakersfield, California, September 13, 1971 - Page l0 Ayes: Councilmen Noes: None Absent: None Councilman Thomas asked Mr. Bergen if the appearance of the barricades for the parking mall was going to be improved. Mr. Max Amstutz, President of the Downtown Business Association, addressed the Council, and stated that his organization approves the extension of the Downtown Parking Mall, they concur with Mr. Thomas' request, and urged the Council to install a more appropriate barrier in these areas. Upon a motion by Councilman Heisey, Ordinance No. 1967 New Series of the Council of the City of Bakersfield amending Section 11.04.754 of the Municipal Code (Speed Limit on University Avenue east from Haley to the City Limits) was adopted by the following vote: Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Claim for damages from Jeanne M.. Edmondson referred to the City Attorney. Upon from Jeanne M. a motion by Councilman Rucker, claim for damages Edmondson was referred to the City Attorney. Request from Gilbert Burns and the First Baptist Church of Bakersfield to close alley way dividing the pro- perties in Block 288 referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Rucker, request from Gilbert Burns and the First Baptist Church of Bakersfield to close the alley way dividing their properties in Block 288, was referred to the Planning Commission for study and recommendation. Approval of amendment to Tire Mileage Contract with Firestone Tire and Rubber Company. Upon a motion by Councilman Rucker, amendment to Tire Mileage Contract with Firestone Tire and Rubber Company was approved and the Mayor was authorized to execute same. Approval of Contract with Security Transport Company for transportation of prisoners arrested in other juris- dictions. Upon a motion by Councilman Rucker, contract with the 2O6 Bakersfield, California, September 13, 1971 - Page 11 Security Transport Company for transportation of City prisoners arrested in other jurisdictions, was approved and the Mayor was authorized to execute same. Adoption of Resolution No. 65-71 of the Council of the City of Bakersfield objecting to the use of the Functional Classification Study as the basis for deleting or adding highways to the State Highway System. Upon a motion by Councilman Heisey, Resolution No. 65-71 of the Council of the City of Bakersfield objecting to the use of the Functional Classification Study as the basis for deleting or adding highways to the State Highway System was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Approval of Revised Map of Tract No. 3494. Contract and Specifications and the original Map for Tract No. 3494 were approved by the Council on August 30, 1971. Waiver of Pacific Telephone Company signature for an existing easement was omitted. The Map has been revised to include the waiver. Upon a motion by Councilman Rees, revised Map of Tract No. 3494 was approved by the Council. Hearings. This is the time set for public hearing before the Council to ascertain whether the public necessity, health safety or general welfare require the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, cable television or similar and associated service in District No. 3, which is a portion of Ming Avenue. Notices have been mailed to all utilities and affected property owners in District No. 3. No written protests have been filed in the City Clerk's office. 207 Bakersfield, California, September 13, 1971 - Page 12 Mayor Hart declared the meeting open for public partici- pation. No protests or objections being received, and no one speaking in favor, the public portion of the hearing was closed for Council participation and action. Upon a motion by Councilman Thomas, Resolution No. 66-71 of the Council of the City of Bakers- field, No. 3, Ayes: State of California, establishing Underground Utility District was adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Noes: None Absent: None Council, adjourned at 9:40 P. Adjournment. There being no further business to come before the upon a motion by Councilman Rucker the meeting was M. MAYOR o Bakersfield, Calif. ATTEST: C an of the Council of the City of Bakersfield, California gO8 Bakersfield, California, September 20, 1971 Minutes of City of Bakersfield, California, the City Hall at eight o'clock P. The meeting was called the regular meeting of the Council' of the held in the Council Chambers of M., September 20, 1971. to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Donald Swain of the Westminster Presbyterian Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote Absent: None Minutes of the regular meeting of September 13, were approved as presented. Scheduled Public Statements. Mr. Warren Rose, Treasurer of the tion of Fire Fighters No. 1301, submitted a petitioning the removal of Section 5.38.170 1971 International Associa- letter to the Council of the Bakersfield Fire Department Retirement System referred to as the Offset Section, stating that on May 19, 1971 the Bakersfield Fire Department Pensten Board unanimously voted to recommend removal of this section. Councilman Rees asked the City Attorney to comment regarding the status of this matter. Mr. Hoagland stated that he understood the Fire Department Pension Board voted to review the matter in relationship to a possible inclusion of the Fire Depart- ment Pension Plan in the Public Employees' Retirement System. Thi~. is a "meet and confer" matter, a fringe benefit which normally would have been addressed to the Governmental Efficiency and Per- sonnel Committee, the Committee designated by the Council to discuss matters of this nature. As he understands it, the GEPC did consider it but is awaiting a study of the financial impli- cation of the request, particularly in relationship to a transfer to P.E.R.S. It is presently under the 90 day Federal Wage-Price freeze, so if the Council did take action to remove this Section, it couldn't become effective until the freeze is lifted. Councilman Rees commented that he was under the impression the group who discussed this matter with the GEPC left with the attitude that some mutual understanding or agreement had been reached. He asked Mr. Bergen to comment. Mr. Bergen stated there was a general agreement, or understanding, that this offset procedure needed to be evaluated, and it was his impression that would be answered within 60 to would make its recommendation. Councilman Heisey moved that the questions regarding this matter 90 days and after that the Committee the communication be received and referred to the GEP Committee for study and eventual report back to the Council. This motion carried unanimously. Correspondence. Upon a motion by Councilman Rees, communication addressed to Mayor Hart from Anthony Haswell, Chairman of the National Associa- tion of Railroad Passengers, re legislation at the Federal level which will provide additional funding to enable support or expandeel passenger service in the AMTRAK system was received and ordered placed on file. Council Statements. Councilman Heisey commented on the proposed hearing by the Public Utilities Commission on application of the California Water Service Company for an order authorizing it to increase rates charged for water service in the Bakersfield District, to be held in the Council Chambers on September 21, 1971, and moved that the City Attorney be instructed to attend this hearing and oppose ,any equalization of water rates for the former Crest Water District in the event the issue is raised. Councilman Rees stated that he is the Councilman for the Third Ward, although he is not a part of the Crest Tariff District where the residents at the present time are paying from 35% to 85% more for water service than other Bakersfield residents. He stated that it is not the intention of the Public Utilities Commission to 210 Bakersfield, California, September 20, 1971 - Page 3 of rates, he will hearing itself is rate increase. discuss the equalization of water rates at its scheduled hearing in Bakersfield tomorrow. The Commission has given notice of a hearing to consider an application of the California Water Service Company for authorization to increase rates in the Bakersfield district. He asked his fellow Councilmen not to direct the City Attorney to appear at this hearing to oppose any equalization of water rates as it would indicate a lack of faith in him and his constituents in the northeast part of the City of Bakersfield. Councilman Heisey stated that the City Attorney has all the information necessary to attend this hearing and it would be a dereliction of duty if he was not present to defend the citizens of Bakersfield from being burdened with an additional increase in cost to provide benefits for a special interests group. City Attorney Hoagland commented that if the Council directs him to appear at the proceedings to oppose an equalization do so; however, he wished to point out that the not on equalization of rates, but on a general Mr. Bergen quoted from the Minutes of March 15, 1971 stating that the Mayor was directed to send a letter to the Public Utilities Commission expressing the Council's concern at the size of the proposed rate increase by California Water Service Company and requesting that the PUC watch out for the best interests of the people of Bakersfield in making its determination on the pro- posed rate increase. For the benefit of the two new Councilmen, Councilman Rees reviewed the sequence of events leading up to the California Water Service Company providing water service to the people residing in the Crest Water District area. Over five years ago, the Public Utilities Commission went on record as stating that as a matter of Commission policy the rates were justified when a new and expensive installation was made to deliver water to the College Heights system, but at some future general rate session the rates should be reviewed, reduced and equalized. Although the hearing has been Bakersfield, California, September 20, 1971 - Page 4 called by the Public Utilities Commission to consider an application by the California Water Service Company for a general rate increase, he has notified the Commission that it is his intention to appear before them and personally suggest that this is the proper time for consideration of equalization of water rates in the Greater Bakersfield District. He has no idea what reception he will receive from the Commission, but he feels he is substantially in the right and it is his hope that the Commission will grant his request. After additional discussion, vote was taken on Councilman Heisey's motion, which carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Medders, Thomas, Whirremote Noes: Councilmen Rees, Rucker Absent: None Councilman Bleecker informed the Council that due to personal reasons, Mr. Frank Ghezzi has declined to serve on the Citizens Advisory Committee for Freeway Development. He nominated Mr. John Fortenberry, 2323 Spruce Street, Councilman Medders nominated Mr. Monte Way, to serve on the Committee. Mayor Hart commented that these two nominations will complete the Committee. The appointments were unanimously approved by the Council. Councilman Bleecker read the following article from The Bakersfield Californian dated September 16, 1971, into the record and asked that it be made a part of the Minutes: Menlo Park. Voters have rejected by more than a 2 to i margin a City Council proposal for a $45,000,000 Expressway through the middle of town. Of 6,575 ballots cast, 4,570, or 69.7% said "No", and only 1,987, or 30.3% said "Yes", in an advisory vote on whether the Council should continue negotiation with the State for construction of the 6.4 mile Willow Expressway, which would link Sand Hill in Menlo Park with the Dunbarton Bridge which spans the Bay. to serve on this Committee. Stan Godecke, 4605 E1 Bakersfield, California, September 20, 1971 - Page 5 Reports. Councilman Robert Whirremote, Chairman of mental Efficiency and Personnel Committee, read the report on the subject of Approval of Specifications Processing Operator: In order to implement the City's new fees charge for commercial refuse pickup, it will be necessary to hire a Data Processing Operator, a Sanitation Route Inspector and two part-time Keypunch Operators. At the present time the City does not have a position of Data Processing Operator estab- lished in its salary schedule. In order to do so, it is necessary for the Council to consider approval of the attached job speci- fications. This position will be filled through the Federal Emergency Employment Act of 1971. In addition, under this program the City will also hire a Sanitation Crewman I and promote a Sanitation Crewman II to the position of Sanitation Route Inspector, thus filling two needed positions with Federal funding. the Govern- following for Data In response to a question from Councilman Heisey asking if part of the report was to indicate the hiring of additional employees, Mr. Bergen stated that this is not approving employment of additional personnel. Authorization to hire additional employees and make application under the Federal Emergency Employment Act has been previously approved by the Council. Councilman Heisey asked if he was just reporting some- thing that was an already established fact and Mr. Bergen stated that adopting the report would approve the specifications for Data Processing Operator and acknowledge notification of specific post- tions to be filled. Councilman Medders the Federal funds were to be only to fill these positions. requirement is that veterans commented that it was his understanding used for the employment of veterans Mr. Bergen replied that the only be given preference. Councilman Whittemore then moved adoption of the report. Bakersfield, California, September 20, 1971 - Page 6 Councilman Heisey asked if the employees had been inter- viewed for these positions. Mr. Bergen replied "No", however, if a veteran is presently on the Civil Service list for the position, he would be given preference. If no veteran is on the list, the position must be advertised and if no veteran qualifies, the appointment would be made from the regular Civil Service list. Vote was then taken on Councilman Whittemore's motion to adopt the report which carried, with Councilman Bleecker voting in the negative. Councilman Robert Whittemore, Chairman of the Govern- mental Efficiency and Personnel Committee, read the following report on the subject of Clarification of Refuse Ordinance: Due to a misinterpretation of the operative date of the refuse collection ordinance adopted by the Council on August 30, 1971, some announcements were made by the Refuse Division of the Public Works Department that refuse collection service would not be provided to persons having underground or submerged refuse containers. This ordinance does not become operative until January 1, 1972. Until thai time, refuse shall be collected in compliance with the present ordinance, which does not prohibit this type of collection. Within the next sixty days, appropriate amend- ments to the recently adopted ordinance will be recommended to the City Council by this Committee which should satisfy the majority of the persons having underground and submerged refuse containers. Upon a motion by Councilman Whittemore, the report was unanimously adopted. Consent Calendar. The following items were included under the Consent Calendar: (a) Allowance of Claims Nos. 694 to 855, inclusive, in amount of $137,054.57. (b) Acceptance of Work and Notice of Com- pletion for Contract No. 64-71 for Construction of Automatic Sprinkler System in the parkway under the Towerline Easement at Monitor Street north of Pacheco Road. Upon a motion by Councilman Medders, Items (a) and (b) of the Consent Calendar and a Transfer of Funds in amount of $6,475.00 from Fund No. 11-510-6100 to Fund 11-705.8300 for 214 Bakersfield, California, September 20, 1971 - Page 7 additional appropriation for Portable Basketball Floor and Back- stops, were adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas~ Noes: None Absent: None Whittemore Action on Bids. Upon a motion by Councilman Bleecker, low bid for Portable Basketball Floor was awarded to DiNatale Floors, Inc., and bid for Backstops was awarded to Outdoor Products Co., all other bids were rejected, and the Mayor was authorized to execute the contracts. Adoption of Resolution No. 67-71 of the Council of the City of Bakers- field deleting a Council Meeting in the month of September, 1971. Upon a motion by Councilman Rucker, Resolution No. 67-71 of the Council of the City of Bakersfield deleting Council Meeting of September 27, 1971 was adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Ayes: Noes: None Absent: None First reading of an Ordinance of the Council of the City of Bakersfield amending the Municipal Code of the City of Bakersfield by amending Sections 11.04.783 (Speed Limit on Niles Street) and 11.04.784 (Speed Limit on Monterey Street). First reading was considered given an Ordinance of the Council of the City of Bakersfield amending the Municipal Code of the City of Bakersfield by amending Sections 11.04.783 (Speed Limit on Niles Street) and 11.04.784 (Speed Limit on Monterey Street). First reading of an Ordinance of the Council of the City of Bakersfield amending Section 11.04.060 of Title ll of the Municipal Code regulating Traffic in the City of Bakersfield. First reading was considered given an Ordinance of the Bakersfield, California, September 20, 1971 - Page 8 Council of the City of Bakersfield amending Section 11.04.060 of Chapter 11.04 of Title ll of the Municipal Code regulating Traffic in the City of Bakersfield. Adoption of Resolution of Intention No. 867 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of a portion of Eleventh Street, a portion of Cottonwood Road, and a portion of Robinson Street, in the City of Bakersfield, State of Cali- fornia. Upon a motion by Councilman Rucker, Resolution of Inten- tion No. 867 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of a portion of Eleventh Street, a portion of Cottonwood Road, and a portion of Robinson Street, in the City of Bakersfield, and fixing October 18, 1971 for hearing on the matter before the Council, was adopted by the following vote: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whittemore Ayes: Noes: None Absent: None Adoption of Resolution of Intention No. 868 of the Council of the City of Bakersfield declaring its inten- tion to order the vacation of Public Utilities Easements in Ora Vista Housing Project. Upon a motion by Councilman Rucker, Resolution of Inten- tion No. 868 of the Council of the City of Bakersfield declaring its intention to order the vacation of Public Utilities Easements in Ora Vista Housing Project, and fixing October 18, 1971 for hearing on the matter before the Council, was adopted by the following vote: Ayes: Noes: Absent: Councilman Bleecker, Heisey, Medders, Rees, Rucker, Thomas, Whirremote None None Bakersfield, California, September 20, 1971 - Page 9 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Bleecker the meeting was adjourned at 8:55 P.M. of Bakersfield, Calif. ATTEST: of the City of Bakersfield, California