Loading...
HomeMy WebLinkAboutJULY - SEPT 1970Bakersfield, California, July 6, 1970 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., July 6, 1970. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by lhe Reverend Donald Zerbe of the Trinity Methodist Church. The City Clerk called the roll as follows: Present: Mayor Hart. Absent: None Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Minutes of the regular meeting of June 15, 1970 and the special meetings of June 22 and 23, 1970, were approved as presented. Service Pin Awards. At this time Mayor Hart presented Service Pins to the following City employees: Edward J. Saecker, Waste Water Treatment Plant Foreman, who completed 30 years service with the City of Bakersfield on June 16, 1970. Woodrow Walck, Sewer Maintenance Foreman, who completed 25 years of service with the City of Bakersfield on June 28, 1970. Council Statements. Councilman Stiern asked the City Manager to discuss with the Traffic Authority the feasibility of installing a separate marked lane for right turn movement with a free right turn to California Avenue from Oak Street, in order to relieve the traffic congestion which is now developing at the south end of the overpass over the railroad on Oak Street. Mr. Bergen stated a report on this will be made back to the Council. Councilman Heisey agreed that a traffic congestion problem does exist at this intersection and stated that he feels it would be a good idea to request the Greater Separation of Grade District to study the feasibility of extending Truxtun Avenue around and over the railroad at another point west of Oak Street. This would possibly interfere with the Police Pistol Range, but he feels it would be a small sacrifice to facilitate the flow of traffic to the west. Bakersfield, California, July 6, 1970 - Page 2 Councilman Vetter commented that he had requested that a study be made of this traffic problem some time ago, and Mr. Bergen responded that a study is in progress at the present time. Councilman Heisey referred a letter relative to lack of Cable TV in certain areas in downtown Bakersfield to Councilman Vetter for investigation by his Cable TV Committee. Councilman Rucker commented that he had previously called the attention of the City Attorney and the City Manager to complaints from residents of the Oro Vista Housing Project that Cable TV service was not made available to them~ and asked that the City investigate the matter. Mr. Hoagland stated they had done this and Mrs. Little, Director of the Kern Housing Authority, had stated that the ser- vice was available under the direction of the Housing Authority. The problem may originate there rather than with the Cable TV Company. Councilman Rucker asked that he be given a letter certi- fying this, so that he can pass it along to the residents in the Oro Vista Housing Project with the idea of getting to the root of the problem. Councilman Bleecker commented that before the Council decides whether or not to grant the rate increase requested by the Bakersfield Cable Company, all of the problems brought up to the Council from time to time, and particularly the level of service, should be discussed and resolved by the Cable TV Company. Councilman Bleecker placed in nomination the name of Robert Lumis to fill a vacancy on the Police Department Civil Service Commission, due to the recent resignation of Mr. John Pryor. Councilman Rucker seconded the nomination. The Mayor declared the nominations closed and vote was taken on the motion which carried unanimously. Mr. Lumis will fill out the term of Mr. Pryor which expires December 31~ 1972. Councilman Vetter asked the City Manager to make arrange- ments for a meeting of the Budget Review and Finance Committee to study and make recommendations back to the Council relative to the request of the Bakersfield Cable TV Company for a rate increase. At that time a report by the Finance Director of an audit of the books of the Bakersfield Cable TV Company will be submitted to the Committee. Bakersfield~ California~ July 6~ 1970 - Page 3 Councilman Vetter asked the City Manager to arrange for the Budget Review and Finance Committee to meet with the Chairman of the New Police Building and Expansion o£ City Hall Committee, to go over the report submitted by the Committee. Reports. Councilman Rucker, Chairman of the Auditorium and Recreation Committee, read a report of the Committee on the subject of the California Avenue Park Community Center~ stating that the Kern County Board of Supervisors last week approved $40,000 for this facility, and that Supervisor Milton Miller made the state- ment that this facility is a two year project and he will request an additional $40,000 next year in order for the County to pay half of the local share. The City and County have had several meetings in the past few months concerning the financing of this Community Center~ and as a result, the City was led to believe that the County would provide 75%, or $120,000, of the local share if the City contributed 25%, or $40,000, and accepted the responsibility for the operation and maintenance. With this in mind, the City budgeted $40,000 in this year's budget to cover its total share of the required local £unds. It is still hoped that the County will see fit to budget the additional $80,000 in the 1971-72 Budget. However~ it is imperative that the City proceed with this project immediately. With the $80,000 which has been set aside by the City and County, work on Phase II of the HUD requirements can be commenced at once. However, if the County does not provide additional funds in the future~ the City will be required to provide the additional monies to complete this project. At the time Phase I of this project was accepted by the Federal Government, the City was given 90 days to complete Phase II for submission to the HUD authorities. Because of the various problems which have arisen in financing the local funds, it is obvious that the August 8th deadline cannot be met. The Committee Bakers£ield, California, July 6~ 1970 - Page 4 is recommending to the Council that the City request an additional 60 days extension from HUI) in order to complete the requirements of Phase II. One of the requirements is the appointment of an Architect. It is. the feeling o£ this Committee that it should be given the responsibility by the Council for interviewing and recom- mending an Architect. The Committee would like to begin inter- viewing all interested Architects immediately, and is requesting the Council's approval for this responsibility tonight. Councilman Vetter commented that he was wondering if during the 60 day extension of time, it would be possible to have a joint meeting between the City's Auditorium Recreation Committee and a Committee of the Board of Supervisors to discuss the situa- tion and request the Board to budget the additional $80,000 from its contingency funds. Obviously these funds will not be expended for a couple of years. He asked Councilman Rucker if he would be willing to meet with a County Committee and receive some form of commitment for these funds. It was always his understanding that the Board of Supervisors would contribute the $120,000, and he asked who actually stated that this would be done. Councilman Rucker replied that when he and members of the Committee and residents of the area appeared before the Board earlier this year, it was never made clear how much the Board would approve~ however, it was assumed that the Board would con- tribute ?5% of the local share, as everyone on the Board voted in favor of the contribution with the exception of Supervisor Webb. Councilman Stiern commented that he hopes the City will not be faced with funding the whole project when some of the responsibility does lie with the Board of Supervisors. He stated that the Budget Review and Finance Committee has interviewed Architects for this project with the thought of making a recom- mendation to the Council. It was not done with the intention of usurping any Committee's responsibilities, which sometimes have not been too well defined, the Committee merely met with Architects who had indicated an interest in the building. Councilman Rucker commented that he is interested in negotiating with the County to assist the City in constructing Bakersfield, California, July 6, 1970 - Page 5 this much needed recreational facility, but he would hate to lose the grant offered by the Federal Government by waiting for the County to take some action. He moved adoption of the report sub- mitted by the Auditorium-Recreation Committee. Councilman Vetter stated he would support the motion to adopt the report with the provision that the Auditorium-Recreation Committee meet with a committee of the Board of Supervisors and report back to the Council before the end of the 60 day extension from HUD. He went on to say that the Budget Review and Finance Committee did interview interested Architects, and because of some misunderstanding and confusion as to who should do this, he had talked to Mr. Rucker who felt that the interviewing of the Archi- tects should be the responsibility of the Auditorium-Recreation Committee. Therefore, Councilman Vetter stated he would defer to Mr. Rucker's request that it be done by the Auditorium-Recreation Committee. Councilman Bleecker stated that he would like some addi- tional assurance that the other $40,000 will be included in next year's budget, or the additional $80,000, which would represent 75% of the local share for this project, and he agreed that a joint meeting should be held with the County to discuss this matter. Councilman Rees stated that he was not aware that the Board of Supervisors had comitted themselves to a given amount, and he hoped that the Council did not make this project contingent on further Board participation; he would like to see a clear-cut passage of the report tonight without any contingencies. Councilman Heisey commented that in view of the short length of time as indicated in the report, for the Architect to proceed, and no Council meeting is scheduled for another two weeks, he feels that it is important to appoint an Architect tonight. He pointed out that Councilman Rucker is Chairman of the Auditorium- Recreation Committee and a member of the Budget Review and Finance Committee, which has already interviewed several interested Archi- tects, and he is prepared to support any Architect Councilman Rucker might wish to nominate tonight, so that the work on the project can be started. Bakersfield, California, July 6, 1970 - Page 6 Councilman Whittemore stated that two week time period is that critical, he feels take the additional two weeks and interview all tects in the City. he does not think a that they should interested Archi- Councilman Rees stated that for purposes of expediting the matter, he would submit a substitute motion that the report be adopted excluding all reference to a request for Council approval for the Auditorium-Recreation Committee to begin inter- viewing all interested Architects immediately and make a recom- mendation back to the Council. After discussion, vote was taken on Councilman Rees' substitute motion, which carried, with Councilman Rucker and Councilman Whittemore voting in the negative. Councilman Rucker then moved that Mr. Leonard J. Schroeder be appointed as the Architect for the multi-purpose building in California Avenue Park. During discussion, Councilman Whittemore pointed out that only four firms of Architects were interviewed by the Budget Review and Finance Committee. He asked how the four firms were selected. Councilman Rucker stated that the City Manager had made fhe arrangements. Mr. Bergen explained that two architectural firms had called his office and expressed interest in being con- sidered for the construction of the multi-purpose building. These two Architects were among the four interviewed. The other two were selected by Councilmen. Councilman Whittemore stated that four firms of Archi- tects were interviewed out of a possible ten and asked why all firms were not contacted, at least to find out if they were interested in the project. He has received many telephone calls relative to the architectural firms to be selected by the City for the California Avenue Park Community Center and the new Police Building. He does not think the Council should consider only four, when probably any firm in the City could do this building. He feels that it should be referred back to Committee and any firm Bakersfield, California, July 6, 1970 - Page ? who wants to bid on the building given the opportunity to do so. Councilman Stiern commented that Committees' responsibi- lities are not too well de£ined. The Budget Review and Finance Committee met and interviewed in good faith and were ready to make a recommendation based on its impressions of competency and ability. To his knowledge any Architect could have indicated that he was interested in being interviewed and would have been given that opportunity. Councilman Whirremote stated that he is prepared to vote against the motion based on his previous statements, as he is sure that the other six architectural firms would like to have the opportunity to be interviewed on a job of this size. A£ter additional Council discussion, vote was taken on Councilman Rucker's motion to appoint Mr. Leonard J. Schroeder as Architect for the construction of the California Avenue Park Community Center, which carried by the following roll call vote: Ayes: Noes: Absent: Councilmen Bleecker, Heisey, Councilmen Rees, Whirremote None Rucker, Stiern, Vetter City Manager Bergen commented that a very important part this report is submission of a request to HUD for an additional days extension in order to complete the requirements of Phase From the adoption of the report, he would assume that the 6O II. Mayor was authorized to execute a letter to HUD requesting the additional 60 days time, which should be mailed out within the next day or so. Allowance of Claims. Upon a motion by Councilman Bleecker, Vouchers Nos. 4459 to 4663 and Vouchers Nos. 1 and 2, in amount of $90,383.84 as audited by the Voucher Approval Committee, were allowed, and authorization was granted for payment of same. Action on Bids. Upon a motion by Councilman Rees, Part II (Total and complete guaranteed repair and repurchase) of Davies Machinery Co. bid for a 21-Yard, Self-Propelled, Self-Loading, Elevating Scraper, was accepted, all other bids were rejected and the Mayor was authorized to execute the Agreement. Bakersfield, California, July 6, 1970 - Page 8 Ayes: Noes: Absent: Upon a motion by Councilman Heisey, low bid of San Joaquin Supply Company for Annual Contract of Janitorial Supplies was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Heisey, bid of Francis and Jacobs Construction Company for Annual Contract for Select Road Material was accepted, this being the only bid received, and the Mayor was authorized to execute the contract. Adoption of Resolution No. 42-70 of commendation for General Alton Slay, Commander Edwards Air Force Base. Upon a motion by Councilman Rucker, Resolution No. 42-70 of commendation for General Alton Slay, Commander Edwards Air Force Base, was adopted by the following vote: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whirremote None None Councilman Bleecker was excused from the meeting at this time. Adoption of Ordinance No. 1870 New Series of the City of Bakersfield amending Section 3.18.200, Sick Leave~ by allowing Sick Leave in case employee's spouse or minor children are ill or injured and in need of medical attention. Upon a motion by Councilman Rucker, Ordinance No. 1870 New Series of the City of Bakersfield amending Section 3.18.200, Sick Leave, by allowing Sick Leave in minor children are ill or injured and was adopted by the following vote: case employee's spouse or in need of medical attention, Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: Councilman Bleecker Bakersfield, California, July 6, 1970 - Page 9 Approval of Agreement between City of Bakersfield, Jack I. Straus and Robert K. Straus for construction of the easterly extension of Panorama Drive. Upon a motion by Councilman Rucker, Agreement between the City of Bakersfield, Jack I. Straus and Robert K. Straus setting forth the responsibilities of the parties for the construction of the easterly extension of Panorama Drive between Crescent Drive and Columbus Street and for a small portion of Crescent Drive, was approved and the Mayor was authorized to execute same. First reading of an Ordinance of the City of Bakersfield repealing obsolete and invalid Chapters 3.10, 10.06, 10.10, 10.18, 10.20, 10.22, 10.32, 10.34, 10;36, 10.37, 10.40, 10.44 of the Municipal Code of the City of Bakersfield. First reading was given to an Ordinance of the City of Bakersfield repealing obsolete and invalid Chapters 3.10, 10.06, 10.10, 10.18, 10.20, 10.22, 10.32, 10.34, 10.36, 10.37, 10.40, 10.44 of the Municipal Code of the City of Bakersfield. Upon a motion by Councilman Stiern, the Ordinance was referred to the Legislative Committee for review and approval. He suggested that this action be taken with any future Ordinances deleting and re- pealing Chapters of the Municipal Code. This motion carried unanimously. First reading of an Or.dinance of the Council of the City of Bakersfield amending the Municipal Code by re- numbering Chapter 2.16 (Procedure for Elections) and its included Sections. First reading was given to an Ordinance of the Council of the City of Bakersfield amending the Municipal Code by tenumbering Chapter 2.16 (Procedure for Elections) and its included Sections. Adoption of Resolution No. 43-70 of the Council of the City of Bakersfield making findings and determinations that owners of more than 60% of the area within the boundaries of the proposed Public Improve- ment District No. 854 have signed written petitions for specified improvements and waiving all proceedings required by the Special Assessment Investigation, Limita- tions and Majority Protest Act of 1931. Upon a motion by Councilman Rucker, Resolution No. 43-70 of the Council of the City of Bakersfield making findings and Bakersfield, California, July 6, 1970 - Page 10 determinations that owners of more than 60% of the area within the boundaries of the proposed Public Improvement District No. 854 have signed written petitions for specified improvements and waiving all proceedings required by the Special Assessment Investi- gations, Limitation and Majority Protest Act of 1931, was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Bleecker Adoption of Resolution No. 44-70 of the Council of the City of Bakers- field ordering the preparation of Plans, Specifications, Estimates of Cost, District Map and Diagram in the matter of the proposed Public Improvement District No. 854. Upon a motion by Councilman Rucker, Resolution No. 44-70 of the Council of the City of Bakersfield ordering the preparation of Plans, Specifications, Estimates of Cost, District Map and Dia- gram in the matter of the proposed Public Improvement District No. 854 was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Bleecker. Adoption of Resolution No. 45-70 of the Council ~of the City of Bakers- field ascertaining and determining the prevailing rate of wages to be paid to certain crafts and types of Workmen employed on Public Work in the City of Bakersfield. Upon a motion by Councilman Rucker, Resolution No. 45-70 of the Council of the City of Bakersfield ascertaining and deter- mining the prevailing rate of wages to be paid to certain crafts and types of Workmen employed on Public Work in the City of Bakers- field, was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Bleecker Bakersfield, California, July 6, 1970 - Page ll Approval of Contract between the City of Bakersfield and the Bakersfield Swim Club. Upon a motion by Councilman Stiern, Contract between the City of Bakersfield and the Bakersfield Swim Club to operate a Concession Stand in Jefferson Park on July 11, 12, 18 and August 1, 1970, was approved, and the Mayor was authorized to execute the Contract. Approval of request from Gulf Oil Corporation to enter into Sewer Rental Agreement for hook-up of Gulf Service Station at the south- west corner of South Real Road and Stockdale Highway to City Sewer Line. Upon a motion by Councilman Rees, request from Gulf Oil Corporation for permission to enter into Sewer Rental Agreement for hook-up of Gulf Service Station #230, on southwest corner of South Real Road and Stockdale Highway to City Sewer Line was approved, subject to the following conditions: 1. Work to be constructed to City specifications. 2. Enter into a Suburban Sewer Rental Agreement. 3. Plans to be submitted for City's review and approval. Acceptance of resignation of John H. Kirsch as Member of the Civil Service Commission for Miscellaneous Departments. Upon a motion by Councilman Heisey, the resignation of John H. Krisch as Member of the Civil Service Commission for Mis- cellaneous Department was accepted with regret) and the Mayor was authorized to send Mr. Kirsch a letter of appreciation for his excellent service to the City. Finance Director authorized to issue check to Kern County Bicentennial Com- mission for contribution to assist in payment of its obligations. Upon a motion by Councilman Stiern, the Finance Director was authorized to issue check in amount of $225.00 to the Kern County Bicentennial Commission for contribution to assist in the payment of obligations created in conducting various activities during California's 1969-70 Bicentennial Celebration, funds to be transferred from the Council's Contingency Fund. Bakersfield, California, July 6, 1970 - Page 12 Committee to study proposed freeway routes to be appointed at next Council meeting. Councilman Rees stated that the matter of appointment of a committee to study the establishment of the freeway location for the portions of State Highway Routes 58 and 178 in Kern County between Route 4 and "M" Street, had been discussed in the Caucus Room, at which time it was suggested that three Councilmen be appointed to this Committee and that each Council member appoint a lay member, so that there would be a committee of ten members appointed to study the proposed freeway routes. He then moved that the Mayor be given the power to appoint the Councilmen and that the members of the Council submit tile names of their appointees to the Mayor for appointment to the Committee at the next Council meeting on July 20, 1970. This motion carried unanimously. Approval of request from Gregory Bill Christy to connect property located on Stine Road to Stine Road Sewer Line. Upon a motion by Councilman Rucker, request from Gregory Bill Christy to connect property located on Stine Road approximately ½ mile south of Panama Lane to Stine Road Sewer was approved, subject to the following conditions: 1. Work to be constructed to City specifications. 2. Enter a Suburban Sewer Rental Agreement. 3. Plans to be submitted for City's review and approval. Acceptance of Flowage Easement from J. L. Dandy and Company for Canter Way. Upon a motion by Councilman Whittemore, Flowage Easement from J. L. Dandy and Company to assur,e drainage of Canter Way from the proposed Tract 3412 to Tract 2942, was accepted. 60 Day Leave of Absence Without Pay granted Robert Thomas, Automotive Serviceman for Transit Division. Upon a motion by Councilman Rucker, a 60 day Leave of Absence Without Pay was granted Robert Thomas, Automotibe Service- man for the Transit Division, which will extend his leave until September 14, 1970. Bakersfield, California, July 6, 1970 Page 13 Approval of Tract No. 3408 and Mayor authorized to execute Contract and Specifications for improvements therein. Upon a motion by Councilman Stiern, it is ordered that the Map of Tract No. 3408 be, and the same is hereby, approved: That all the easements and streets shown upon said Map, therein offered for dedication be, and the same are hereby accepted for the purpose for which the same are offered for dedication. Pursuant to the provisions of Section 11587 of the Business and Professions Code, the Council of the City of Bakersfield hereby waives the requirement of signatures of the following: NAME NATURE OF INTEREST Kern County Land Company Mineral Rights below a depth of 500 feet with no right of sur- face entry. City of Bakersfield Sewer Line Easement recorded February 27, 1969 in Book 4248 Page 742, O. R. County of Kern No Final Soil Report has been submitted - No Building Permit on any lot within this Tract shall be issued or be valid until the Final Soil Report for Tract has been filed with the Chief Building Inspector of the City of Bakersfield and the City Engineer of the City of Bakersfield, and a Final Soil Report Certificate, signed and issued by the City Engineer, has been recorded with the County Recorder of Kern County. The Clerk of this Council is directed to endorse upon the face of said Map a copy of this authenticated by the Seal of the Council of the City of Bakersfield and the Mayor is authorized to execute the Contract and Specifications for improvements therein. Approval of Tract No. 3412 and Mayor authorized to execute Contract and Specifications for improvements therein. Upon a motion by Councilman Whittemore, it is ordered that the Map of Tract No. 3412 be and the same is hereby approved: That the Way, Avenue and Easements shown upon said Map and therein offered for dedication, be, and the same are hereby accepted for Bakersfield, California, July 6, 1970 - Page 14 the purpose or the purposes 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 Walter Weichelt, Freda Hanning, Martha Green and Elsie Weichelt Upward Robert R. Buckley and Olive Joy Buckley NATURE OF INTEREST 3/8 of Mineral Rights 500 ft. below surface by Probate No. 6813, Recorded April 24, 1951 in Book 1800, Page 425, O. R., and by Quitclaim recorded May 8, 1963 in Book 3604, Page 690 O. R. 5/8 of Mineral Rights 500 ft. below surface as recorded May 8, 1963, in Book 3604, Page 692, O. R. The Clerk of this Council is directed to endorse upon the face of said Map a copy of this order authenticated by the Seal of the City Council of the City of Bakersfield and the Mayor is authorized to execute the Contract and Specifications for the improvements in said Tract. Acceptance of Work and the Mayor authorized to execute Notice of Completion for Contract No. 26-70 for Alterations and Additions at Beale Park Outdoor Theater. Upon a motion by Councilman Stiern, the Work was accepted and the Mayor was authorized to execute the Notice of Completion for Contract No. 26-70 for Alterations and Additions at the Beale Park Outdoor Theater. Acceptance of Work and Mayor authorized to execute Notice of Completion for Contract No. 4-70 for Construction of Traffic Signals and Highway Lighting System at the intersections of Califor- nia Avenue and Real Road and at Calif- ornia Avenue and Stockdale Highway. Upon a motion by Councilman Stiern, the Work was accepted and the Mayor was authorized to execute the Notice of Completion for Contract No. 4-70 for Construction of Traffic Signals and Highway Lighting System at the intersections of California Avenue and Real Road and at California Avenue and Stockdale Highway. Bakersfield, California, July 6, 1970 - Page 15 Acceptance of Sewer Easements from Stockdale Country Club for Stockdale Estates Interceptor Sewer. Upon a motion by Councilman Stiern, Stockdale Country Club for Stockdale Estates accepted. Sewer Easement from Interceptor Sewer was Kern County Land Company and Stockdale Development Corporation for Stockdale Estates Interceptor Sewer were accepted. Upon a motion by Councilman Stiern, Sewer Easements from Facility. Approval of Plans and Specifications for the construction of a Water Pollu- tion Control Facility. Finance Director authorized to advertise for bids. Upon a motion by Councilman Rees, the plans and specifi- cations were approved, and the Finance Director was authorized to advertise for bids for construction of a Water Pollution Control advertise for 42nd Street. Request from Valley Realty to connect four residences to the City Sewer referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Rucker, request from Valley Realty to connect four residences to the City Sewer was referred to the Planning Commission for study and recommendation. Approval of plans and specifications for Construction of Drainage Facilities for 42nd Street. Upon a motion by Councilman Rucker, plans and specifica- tions were approved and the Finance Director was authorized to bids for construction of Drainage Facilities for Encroachment Permit granted Galleria West, 1524 - 18th Street. Upon a motion by Councilman Rucker, Encroachment Permit was granted Galleria West, 1524 - 18th Street, to place seven planter boxes three feet back from the curb and spaced along 18th and Eye Streets. Acceptance of Sewer Easements from Kern County Land Company and Stock- dale Development Corporation for Stockdale Estates Interceptor Sewer. Bakersfield, California, July 6, 1970 - Page 16 Approval of Plans and Specifications for construction of Paving, Median Islands and Irrigation System on New Stine Road from Stockdale Highway to Fjord Street. Finance Director authori- zed to advertise for bids. Upon a motion by Councilman Vetter, the Plans and Speci- fications were approved and the Finance Director was authorized to advertise for bids for construction of Paving,Median Islands and Irrigation System on New Stine Road from Stockdale Highway to Acceptance of Street Right of Way' Deed from American Baptist Homes of the West, Inc. Upon a motion by Councilman Vetter, Deed for additional right of way at the New Stine Road and Fjord Street intersection from American Baptist Homes of the West, Inc. was accepted. Adoption of Emergency Ordinance No. 1871 New Series amending Section 11.04.620 (c) of the Municipal Code of the City of Bakersfield pertaining to One-Way Streets and Alleys. Upon a motion by Councilman Heisey, Emergency Ordinance No. 1871 New Series amending Section 11.04.620 (c) of the Munici- pal Code of the City of Bakersfield pertaining to One-Way Streets and Alleys, designating Alpine Street a one-way street east to west, was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Bleecker Approval of Agreement between the City of Bakersfield and Stockdale Develop- ment Corporation for landscaping median islands on New Stine Road between Stock- dale Highway and Fjord Street. Upon a motion by Councilman Vetter, Agreement between the City of Bakersfield and Stockdale Development Corporation for landscaping median islands on New Stine Road between Stockdale Highway and Fjord Street was approved and the Mayor was authorized to execute the Agreement. Fjord Street. Bakersfield, California, July 6, 1970 - Page 17 Adoption of Resolution No. 46-70 of the Council of the City of Bakersfield fixing a time and place for hearing protests by persons owning real property within territory designated as "Wilson Road No. 1", proposed to be annexed to the City of Bakersfield. Upon a motion by Councilman Vetter, annexation petitions and consent to taxation petitions were accepted, and Resolution No.. 46-70 of the Council of the City of Bakersfield fixing August 17, 1970 in the Council Chambers of the City Hall, as the time and place for hearing protests by persons owning real property within territery designated as "Wilson Road No. 1" proposed to be annexed to the City of Bakersfield was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: Councilman Bleecker Adoption of Resolution No. 47-70 of Intention to include within the Greater Bakersfield Separation of Grade District a portion of certain territory designated as "Wilson Road No. 1", and setting the time and place for hearing objections to the inclusion of said territory within said District. Upon a motion by Councilman Vetter, Resolution No. 47-70 of Intention to include within the Greater Bakersfield Separation of Grade District a portion of certain territory designated as "Wilson Road No. l" and setting August 17, 1970 in the Council Chambers of the City Hall as the time and place for hearing objections to the inclusion of said territory within said District, was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetfer, Whirremote Noes: None Absent: Councilman Bleecker Acceptance of Work and Mayor authorized to execute Notice of Completion for Contract No. 117-69 for Construction of the Ashe Road Trunk Sewer. Upon a motion by Councilman Whirremote, the Work was accepted and the Mayor was authorized to execute the Notice of Completion for Contract No. 117-69 for Construction of the Ashe Road Trunk Sewer. Bakersfield, California, July 6, 1970 - Page 18 Hearings. This is the time set for public hearing on an appeal by Carl F. Bermele to the decision of the Board of Zoning Adjustment denying his application for a variance of an R-1 (Single Family Dwelling) Zone to permit the operation and maintenance of a One- Unit Beauty Shop wifh a reduction of the required off-street parking from three to two spaces on property located at 2624 - l?th Street. This hearing has been duly advertised and posted and four letters of protest were filed in the City Clerk's Office. The Board of Zoning Adjustment considered the applica- tion at a pu'blic hearing held June 9, 1970, to operate a beaufy shop, a C-1 use, in an area zoned and developed with single family homes. There are not other commercial uses within this vicinity. The Board was of the opinion that although there is neighborhood acceptance of this proposed use, approval of this application would open the door for:others to apply for similar operations which might be objectionable to the neighborhood. Councilman Stiern asked Mr. Bermele, the applicant, if he had any objections to continuing the hearing until Councilman Bleecker could be present and present his opinions on the proposed variance. Mr. Bermele stated that he would not object the hearing until the next Council meeting On July 20, would like to have his Councilman present. Clerk was Council, adjourned at 10:10 P.M. to continuing 1970, as he Hearing was then continued for two weeks, and the City instructed to re-notice all property owners in the area. Adjournment. There being no further business to come before the upon a motion by Councilman Rucker, th~ meeting was MAYOR of the Ci%~ of Bakersfield, Calif. ATTEST: of the Council of the City of Bakersfield, California Bakersfield~ California, July 20, 1970 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P. M.~ July 20~ 1970. In the absence of Mayor Hart, Vice-Mayor Stiern acted as presiding officer and called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend Don Anderson of the First Assembly of God. The City Clerk called the roll as follows: Present: Councilmen Bleecker, Heisey, Rees, Rucker~ Stiern, Vetter, Whirremote Absent: Mayor Hart Minutes of the regular meeting of July 6, 1970 were approved as presented. Scheduled Public Statements. Mrs. Dorothy Smith, representing the Business and Pro- lesstonal Women of Bakersfield~ stated lhat she wished to speak in favor of retaining the women Fire Alarm Operators~ and asked if she should do so at this time~ or wail until the report listed on the agenda from the Governmental Efficiency and Personnel Com- mittee is submitted. Vice-Mayor Stiern stated that no report will be submitted tonight, as it has been withdrawn by the Governmental Efficiency and Personnel Committee for presentation at a later date. Mrs. Smith stated that many people feel the phasing out of the operators is discrimination against female employees, and pointed out that the City had gained its Class I rating while these operators were working for the Fire Department. She asked if there is a chance that Chief Paddock will reconsider his recommendation to replace the female Fire Alarm Operators with male Firefighters. Vice-Mayor Stiern asked the City Attorney to comment on the allegation that replacing the Fire Alarm Operators is discrimina- tion against women. Mr. Hoagland stated he has not been involved with the matter, but inasmuch as the proposed phasing out of the women would involve replacing them with Firemen who would be working Bakers£ield~ California, July 20, 1970 - Page 2 in a dual capacity, and since obviously the women cannot act as Firemen and fight fires, he does not believe that this would involve discrimination. Councilman Rees asked for a clarification of the removal from the agenda o£ the report o~ the Governmental E~ficiency and Personnel Committee. Vice-Mayor Stiern stated he received a copy o£ the report with his ~ormal agenda material and at a late hour on another day he received notice that the report would be deleted from the agenda. The absence o~ the report tonight indicates to him that the Committee obviously is not ready to make its recom- mendation to the Council and further public comments at the time it does so would be appropriate. Councilman Whirremote stated that he would like to answer that question for any people who are here because the report was a scheduled agenda item. He had left instructions with the staff that the report was not to be sent out to the Council members with the agenda material as it had not been finalized by the Govern- mental E£ficiency and Personnel Committee. Numerous committee meetings have been held on this issue, and the tentative report was written, which he disapproved~ and he asked that this report not be sent out because he was still in the process of investigating facts and figures which had been given to the Committee at its meeting. He is sure that this report will either be changed, or there will be two reports issued at the next Council meeting after the investigation is completed. Councilman Vetter commented that he does not feel a date should be set for £inalizing this report~ however, he £eels the Committee should submit one as soon as possible, as Councilman Whirremote does have additional in£ormation which should be re- viewed and time should be taken to prepare as factual a report as possible. Mr. Fred Ward, representing the Bakersfield City Employees Association, addressed the Council, suggesting that the Committee contact other cities faced with the same problem of replacing Bakersfield, California, July 20, 1970 - Page 3 women operators with fire suppression personnel, and ascertain how other public jurisdictions are handling this problem. Paul Barnhart~ who stated he is a Fire Captain in the Bakersfield Fire Department, read a prepared statement to the Council, stating that the present Fire Alarm Operators and Fire Alarm Supervisor have more than 50 years of combined experience in competent operation of the fire alarm office. It is common know- ledge that to do an effective job of fire protection, a fire officer must be given prompt and accurate information from 'the alarm office. Inexperienced operators are not as efficient as experienced ones. Many of the men that have been assigned to the alarm office have stated that they are not as qualified as the present professional operators. Also, receiving rescue and fire alarm calls is not and never will be a part time job. He went on to say that professional firefighters should fight fires and professional alarm operators should receive the alarms and dispatch the men and equipment. Anything less than thim. is a disservice to the taxpaying public that has grown to expect the best protection available for their money. The Firemen in the audience tonight are not here as a pressure group. They are here to show their interest in their department and to let the Council know that in no way do they support the recommendation of replacing the present women operators. The Council has been told that these men can do double duty - 16 hours in fire suppression and fire station duties and 8 hours of their 24 hour shift as alert and competent operators. He does not believe that this can be done. The men of the Fire Department believe that regardless of the Council's decision~ no amount of money or points can correct the harm already done to the image of the Bakersfield Fire Depart- ment. To throw out more than 50 years of employee experience is obviously a mistake. The men of the Fire Department were not aware of this recommendation until it became public knowledge and ask in the interest of justice to these women and to help maintain an efficient fire alarm response, to reject this proposal. Bakersfield, California, July 20, 1970 - Page 4 Vice-Mayor Stiern commented that in the absence of a report £rom the Governmental Ef£iciency and Personnel Commiltee~ no action can be taken by the Council at this time on the state- ments that have been made relative to the Fire Alarm Operators. Mr. Phil Berch addressed the Council, stating that as a painting contractor residing within the City, he is required to have a City Lisence and it is not fair for him to compete against someone living outside the City who is not license before doing business in the City. to painting contractors~ but to all of the required to obtain a This applies not only building trades. He stated that other cities require outside contractors to obtain a business license be£ore doing any work in the City~ but this is not done in Bakersfield. He feels that this is very unfair to City residents who pay a business vilege of working in the City, and he asked gate the matter. license for the pri- the Council to investi- Councilman Heisey commented that he understands the staff has tightened up on this~ as it has been called to their attention many times. He asked Finance Director Haynes to explain the City's present policy in connection with licensing procedures. Mr. Haynes stated that Mr. Berch is correcl in saying there are a number of contractors who escape paying a business license. One of the problems is that the City has to depend on other painters to inform the License Department when a painter is working without a license, as it is impossible to keep on top of all the painting work being done in a city of this size. Vice-Mayor Stiern asked if the City's Building Inspectors are not aware of the work being done in the City and if they notify the License Department. Mr. Haynes stated that the prime contractor usually comes in and obtains a permit~ but the sub- contractors are the ones who present the problem. However~ leads are received mainly from the Building Department at the present time. They are attempting to correct the situation by working out a plan where the Building Department~ the State License Inspector and the City's License Department all cooperate. It could be Bakersfield, California~ July 20, 1970 - Page 5 solved by keeping a man in the field continuously, but they are trying to handle it without going to this additional expense. Councilman Bleecker commented it would appear to him that most unlicensed contractors work out of their vehicles, pickups, etc., and asked if it would be possible for the City to issue a sticker to be displayed on the vehicle indicating that the con- tractor has purchased a business license. If it were discovered that contractors were operating without this sticker, they would be subject to a fine or required to obtain a business license. He feels that it would make enforcement a lot easier and the City may find some revenue that has been overlooked.. He then made a motion that this idea be submitted to the appropriate committee of the Council for investigation. Mr. Bergen stated that the staff is happy to receive any suggestions, and the appropriate committee to refer this to is the Business Development and Parking Committee. He pointed out that there is no Building Permit required for painting, so many times painting projects go on and the City does not receive any official notice even from the Building Department. The majority of local contractors obtain a license. It is the out-of-town contractors who present the problem and it isn't fair to the contractors who do take out a license. He feels that Councilman Bleecker's suggestion to display a sticker on the contractor's vehicle should be evaluated. Also, contacted to ascertain what methods problem. perhaps other cities should be they use to cope with this matter to the Council's attention, and stated that taken to correct any inequities which may exist at Correspondence. Vice-Mayor Stiern thanked Mr. Berch for calling this action is being the present time. Upon a motion by Councilman Rucker, communication from the Department of Housing and Urban Development, denying request for a 60-day extension of time to submit Part II application for California Avenue Park Neighborhood Center, but extension until September 8, 1970, was received on file. approving a 30-day and ordered placed 340 Bakersfield~ California, July 20, 1970 - Page 6 Councilman Stiern stated that in connection with this project, he heard a report from a local news media that the County is interested in the project as a location for a library in south- east Bakersfield. He thinks it would be a very fine location for a library and he hopes that this report indicates renewed interest on the part of the County in funding a portion of the local share for the California Avenue Park Neighborhood Center. Upon a motion by Councilman Heisey, communications from the Kern County Economic Opportunity Corporation and Mrs. W. L. Werner, appealing to the Council not to curtail or abolish the City Bus System, were received and ordered placed on file. Councilman Whirremote commented that it might be helpful if letters were addressed to the Department of Transportation so that HUD officials will realize that the City of Bakersfield will not be able to continue to operate its worn-out equipment unless a grant is received from the Federal Government. Councilman Heisey urged the public to contact the Board of Supervisors as the future of the bus system is in its hands at the present time. The City of Bakersfield has asked the Board to form a metropolitan transit district as the City feels very strongly that there should be adequate bus Service furnished.to the com- munity. Time is running out, and it is urgent that something be done immediately, as the bus service will probably be terminated if funds are not received. He commended the Bakersfield Californian for an editorial stressing the need for a low cost public trans- portation system in the City of Bakersfield and pointing out the extreme hardship placed on the City to continue to operate the bus system indefinitely under the present circumstances. Upon a motion by Councilman Rees, communication from Jack L. Dalton, Planning Director, Kern County Planning Commission, Re: 701 Comprehensive Planning Grant, City-County Planning Program, was received and'ordered placed on file. Bakersfield, California, July 20, 1970 - Page 7 Upon a motion by Councilman Whirremote, communication from the Pacific Gas & Electric Company, Re: In-depth audit re- garding the adequacy of street lighting, was received and ordered placed on file. City Manager Bergen commented that the City has been working on a fairly extensive street lighting program and the City's bills for street lighting in the last ten years have in- creased from $80,000 to $155,000, which is a rather substantial increase. The City is in constant contact with Pacific Gas & Electric's Lighting Engineer. Upon a motion by Councilman Rees, communication addressed to Mr. Norman A. McNamee, County Administrative Officer, from Mayor Kenneth M. Smith, City of Ridgecrest, regarding a proposal for County Service Area to Finance County Parks, was received and referred to the City's for study and report. liaison representative, Councilman Stiern, Council Statements. Councilman Rucker, Chairman of the Auditorium and Rec- reation Committee, stated that last Friday, two members of the Auditorium and Recreation Committee met with Mr. Mac Hopkins, a representative from the Housing and Urban Development Office, in regard to the Phase II requirements for the California Avenue Park Project. Mr. Hopkins informed the committee that it is extremely important that an Advisory Citizens Committee be appointed by the City in order that the architect can begin his initial planning on this facility. This Citizens Committee will function in the same manner as the Citizens Advisory Committee of the Civic Auditorium. Mr. Hopkins suggested that the majority of the members appointed to this committee should reside within the primary and secondary service areas as designated in the Phase I application. The boundaries of these service areas are Brundage Lane on the south, Chester Avenue on Fairfax Road on the east. As Chairman of Councilman Rucker recommended that the west, Highway 44 on the north and the Auditorium and Recreation Committee, the City Council submit names Bakersfield,:California, July 20, 1970 - Page 8 of appropriate interested citizens to Mayor Hart during the next week and that Mayor Hart select a committee of seven people for the Council's approval at the next regularly scheduled Council meeting of August 3rd. If this recommendation is approved, please keep in mind that this committee will meet periodically in making plans for this facility and will continue to work as an advisory committee once the facility is completed. This will require people with enough time to devote to this worthwhile project and people who can represent all factions of this community. Councilman Rucker pointed out that the majority of the members of the committee must~be selected from within the boundaries of the area that is affected. In reply to a question relative to appointment of people who are not residents of the City, Mr. Hoag- land stated that if the City had a Joint Powers Agreement with the County whereby they would appoint certain members from the County area to the Citizens Advisory Committee, it could be done, but if it is going to be a City Committee, the Council can only appoint City residents. City Manager Bergen stated that he would assume these appointments would not be for indefinite periods, that terms of office would be set out for each member after the Committee is appointed. As he understands it, this would be a formal committee established by the Council. Mr. Hoagland commented that this is the first he has heard of this committee, and he now questions his former statement that the members must live within the City, because if it is a requirement of the Federal Government, he would think it would supersede the City Charter. It should be done by a Resolution setting forth whatever guidelines are necessary and stating the term of office. Mr. Bergen suggested that the Auditorium-Recreation Committee hold a meeting before the next Council meeting to dis- cuss some of the details and he urged the Council to be prepared to submit names at the next Council meeting. Bakersfield, California, July 20, 1970 - Page 9 Councilman Rees stated he attended the meeting with Mr. Hopkins and he made a very friendly recommendation, not without authority, but not in a dictatorial fashion. The Committee raised the question of what the duties of the Committee would be and Mr. Hopkins assured them that the expertise would rest with the archi- tect, the City slaff and the Recreation Deparlment, but the Federa~L Government felt that il was necessary to have a liaison with the grass roots people whose children would benefit and participate in the project. He did not read any compulsion into Mr. Hopkins' remarks except that he stated it was highly desirable thai a Com- mittee be appointed as soon as possible. The architect stated he would go ahead with the work that he has to do before this Committee is appointed. Councilman Vetlet made a motion to receive the report and refer it to the City Attorney for clarification of the appoinl-. merit of lhe Committee and to the Auditorium-Recreation Committee for evaluation. Councilman Vetter stated that report of the Citizens Committee for New Police Building and Expansion of City Hall had been referred to the Budget Review and Finance Committee, of which he is Chairman. The staff is in lhe process of sending a letter to the financial consultants, Schwabacher and Rafferty & Company of San Francisco, and it is the intention to meet with them probably the week of July 27th to discuss the various methods of financing the alternatives as outlined in the proposal. He suggested lo the staff that a letter be prepared for approval by the Committee, to be sent to all local architects to arrange for appointments for interviews by the Committee, so for the particular building. As proposed thai the Committee meet 17th, depending upon Councilman Rucker's that an architect can be selected Chairman of the Committee, he either the week of August 10th or vacation schedule. Bakersfield, California, July 20, 1970 - Page 10 Reports. Mr. Bergen reported that at the last Council meeting, several comments were made regarding the traffic problem at Oak Street and California Avenue and Oak Street and Truxtun Avenue. The Traffic Authority and the Engineering Department are evaluating these int:ersections at the present time and will make a complete report in the future. Since there are right-of-way ~roblems involved with separate right turn lanes, and additional problems with left turn lanes, it may be some time before final recommenda- tions are made, but as soon as these problems are resolved, a report will be submitted to the Council. Allowance of Claims. Upon a motion by Councilman Bleecker, Vouchers Nos. 3 to 117 inclusive, in amount of $174,512.10, as audited by the Finance Approval Committee, were allowed, and authorization was granted for payment of same. Action on Bids. Upon a motion by Councilman Heisey, low bid of Griffith Co. for Annual Contract Type B Asphalt Concrete was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. This appeal by Carl Deferred Business.' was the time set for deferred public hearing on an F. Bermele to the decision of the Board of Zoning Adjustment denying his application for a variance of an R-1 (Single Family Dwelling) Zone to permit the operation and maintenance of a One-Unit Beauty Shop with a reduction of the required off-street parking from three to two spaces on property located at 2624 - 17th Street. This hearing has been-duly advertised and posted and letters of protest have been received Mrs. Quimby W. Taylor George Dudley Robert H. Young Murray Arnold Mrs. Harriet R. Hays from the following: 2717 - 17th Street 1666 Myrtle Street 2614 - 18th Street 2725 - 17th Street 300 Oleander Avenue Bakersfield, California, July 20, 1970 - Page 11 The Board of Zoning Adjustment considered the application at a public hearing held June 9, 1970, to operate a beauty shop, a C-1 use, in an area zoned and developed. with single family homes. There are no other commercial uses within this vicinity. The Board was of the opinion that although there is neighborhood acceptance of this proposed use, approval of this application would open the door for others to apply for similar operations which might be objectionable to the neighborhood. Vice-Mayor Stiern opened the public hearing and invited those persons in favor of the variance to address the Council. Mr. Carl Bermele, the applicant, stated that out of 41 property owners who were residing within the 300 feet radius, only five were opposed to the variance. He stated that this was only a small neighborhood operation, which would not change the appearance of his property in any way. He is the only original owner left in the neighborhood. He stated there will not be more than one customer at a time, and probably not more than two or three a day. Mr. Ernest Collins of 2626 Truxtun Avenue, spoke in favor of granting the variance, stating that most of the ladies in the neighborhood patronize Mrs. Bermele and are very much in favor of this variance. No one expressing any opposition to the application for a variance, Vice-Mayor Stiern closed the public hearing for Council deliberation and discussion. Councilman Bleecker stated he would like to speak in favor of this application and moved that the variance be granted with a reduction of the required off-street parking from three to two spaces. After Council discussion, and in order to prevent any physical changes being made by any future tenant, Zoning Resolution' No. 229 granting the variance of the Land Use Zoning Ordinance of the City of Bakersfield affecting that certain property as herein- after described and zoned as an R-1 (Single Family Dwelling) Zone to Bakersfield~ California, July 20~ 1970 - Page 12 permit the operation and maintenance of a One-Unit Beauty Shop with a reduction of the required Of£-Street Parking from three to two spaces on that certain property commonly known as 2624 - 17th Streetswas adopted by the following vote: Ayes: Councilmen Bleecker, Heisey~ Rees~ Rucker~ Stiern, Vetter~ Whirremote Noes: None Absent: None subject to the following conditions: That the residential appearance o£ the property must be maintained as it is now and the wall sign on the front portion of the property shall not exceed one half square foot. Adoption of Ordinance No. 1872 New Series of the City of Bakersfield repealing obsolete and invalid Chapters 3.10~ 10.06, 10.10~ 10.18~ 10.207 10.22~ 10.32, 10.34~ 10.36, 10.37, 10.40~ 10.44 of the Municipal Code of the City of Bakersfield. After Council discussion, upon a motion by Councilman Vetter, Ordinance No. 1872 New Series of the City of Bakersfield repealing obsolete and invalid Chapters 3.10~ 10.06, 10.10~ 10.18, 10.20~ 10.22~ 10.32, 10.34~ Municipal Code of the City following vote: Ayes: Councilmen Bleecker~ Heisey~ Rees, Vetter, Whirremote Noes: None Absent: None 10.36, 10.37, 10.40, 10.44 of the of Bakersfield~ was adopted by the Rucker~ Stiern~ Adoption of Ordinance No. 1873 New Series of the Council of the City of Bakersfield amending the Munici- pal Code by tenumbering Chapter 2.16 (Procedure for Election) and its included Sections. Upon a motion by Councilman Heisey, Ordinance No. 1873 New Series of the Council of the City of Bakersfield amending the Municipal Code by tenumbering Chapter 2.16 (Procedure for Elections) and its included Sections, was adopted by the following vote: Ayes: Councilmen Bleecker~ Heisey~ Rees~ Rucker~ Stiern~ Vetter~ Whittemore Noes: None Absent: None Bakersfield, California, July 20~ 1970 - Page 13 Acceptance of Grant Deed for Fire Station Site and Letters of Under- standing from Stockdale Development Corporation. Upon a motion by Councilman Stiern, Grant Deed from Stockdale Development Corporation for Fire Station Site was accepted at the price quoted, and the Mayor was authorized to execute letters of understanding. Adoption of Resolution No. 48-70 of the City of Bakersfield pertaining to the Personnel of the USS Francis Hammond DE-1067. Upon a motion by Councilman Heisey, Resolution No. 48-70 of the City Council of the City of Bakersfield pertaining to the Personnel of the USS Francis following vote: Councilmen Bleecker, Vetter, Ayes: Noes: Absent: None None Hammond DE-1067, was adopted by the Heisey, Rees, Rucker, Stiern, Whittemore First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 11.O4 by adding Section 11.04.791 establishing a Speed Limit on South Real Road. First reading was considered given to an Ordinance of the Council of the City of Bakersfield amending Chapter 11.04 by adding Section 11.04.791 establishing a Speed Limit on South Real Road. Adoption of Resolution No. 49-70 of the City of Bakersfield declaring its intention to order a Modification of Assessment Roll No. 246 and the Assess- ment Diagram for Public Improvement District No. 839. Upon a motion by Councilman Rucker, Resolution No. 49-70 of the Council of the City of Bakersfield declaring its intention to order a Modification of Assessment Roll No. 246 and the Assess- ment Diagram for Public Improvement District No. 839, and setting August 17, 1970 in the Council Chambers of the City Hall as the time and place for public hearing before the Council, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Bakersfield, 'California, July 20, 1970 ~ Page 14 Approval of Agreement between the City of Bakersfield, Jack I. Straus and Robert K. Straus, as operators of KBIS Radio Station; and Genevieve M. Howell and William A. Howell, Jr. Upon a motion by Councilman Rees, Agreement between the City of Bakersfield, Jack I. Straus and Robert K. Straus, as operators of KBIS Radio Station, and Genevieve M. Howell and William A. Howell, Jr., for responsibilities of the parties for the completion of the construction of Columbus Street, between Christmas Tree Lane and Panorama Drive, was approved, and the Mayor was authorized to execute this agreement. Approval of Agreement with the County of Kern for Program of Supervised Community Recreation. Upon a motion by Councilman Rucker, Agreement with the County of Kern for Programs of Supervised Community Recreation for the Fiscal Year 1970-71, was approved, and the Mayor was authorized to execute same. Request from the Coca-Cola Bottling Corporation of Bakersfield for vaca- tion of portion of alley in Block 222, Godey Tract, referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Whirremote, request from the Coca-Cola Bottling Corporation of Bakersfield for vacation of portion of alley surrounding their property located in Block 222, Godey Tract, was referred to the Planning Commission for study and recommendation. Acceptance of Street Right of Way Deed from the Housing Authority of the County of Kern. Upon a motion by Councilman Rucker, Street Right of Way Deed from the Housing Authority of the County of Kern for widening of Lakeview Avenue at its intersection with East California Avenue, was accepted. Acceptance of Sewer Easement from Bakersfield Christian Towers. Upon a motion by Councilman Whirremote, Sewer Easement from Bakersfield Christian Towers for existing sewer line at 3015 Wilson Road, was accepted. Bakersfield, California, July 20, 1970 - Page 15 Acceptance of Work and Mayor authorized to execute Notice of Completion for Contract No. 27-70 for Improving a portion of Panorama Drive between Wenatchee Avenue and Crescent Drive. Upon a motion by Councilman Rees, the Work was accepted and the Mayor was authorized to execute the Notice of Completion for Contract No. 27-70 for Improving a portion of Panorama Drive between Wenatchee Avenue and Crescent Drive. Action deferred for two weeks on Map of Tract No. 3392 and Contract and Specifications for improvements therein. Councilman Heisey moved to approve Map of Tract No. 3392 and authorize the Mayor to execute the Contract and Specifications for improvements therein. Councilman Bleecker commented that this project is in his ward and he would like to have additional time to look at the area. Councilman Heisey withdrew his previous motion, and upon a motion by Councilman Bleecker, action on the Map of Tract No. 3392 was deferred until the next Council meeting. Approval of Map of Tract No. 3409 and Mayor authorized to execute Con- tract and Specifications for improve- ments therein. Upon a motion by Councilman Vetter, it is ordered that the Map of Tract No. 3409 be, and the same is hereby approved: That all the easements, streets, drives and alleys 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 o£ the Business and Professions Code, the Council of the City of Bakers- field hereby waives the requirement of signatures of the following: NAME Kern County Land Company City of Bakersfield The Clerk of the face of said Map a copy of NATURE OF INTEREST Mineral Rights below a depth of 500 feet with no right of surface entry Sewer Easement recorded Feb. 27, 1969, in Book 4248, Page 743, O. R., County of Kern this Council is directed to endorse upon this order authenticated by the Bakers£ield, California~ July 20, 1970 Page 16 Seal of the Council of the City of Bakersfield and the Mayor was authorized to execute the Contract and Specifications for improve- ments in said Tract No. 3409. Hearings. This is the time set for public hearing before the Council on an application by Joseph M. Gannon to amend the zoning boundaries from an R-1 (Single Family Dwelling) Zone to an R-3 (Limited Mul- tiple Family Dwelling) or more restrictive, Zone, of that certain property located at the northwest corner of Union Avenue and West Columbus Street. This hearing has been duly advertised and posted and no written protests have been filed in the City Clerk's Office. Sub- ject property contains 18 acres and is presently being used as a golf course and driving range. The property will be served by West Columbus Street~ a proposed secondary highway~ Union Avenue~ a major highway, and "Q" Street, a proposed secondary street. The Commission was of the opinion that R-3 zoning of this property would be compatible with existing zoning and existing and proposed developments of the area. The Planning Commission would recommend the "D" Overlay be applied in order to control the overall site development plans of this large acreage, parti- cularly the design of private streets serving the interior of the complex and the ingress and egress of those streets to West Columbus. Vice-Mayor Stiern opened the hearing for public partici- pation. Mr. JOseph Gannon, the applicant, stated this piece of property would demand R-3 zoning, as it ties into his commercial property in the area. No one objecting to the application, the public hearing was closed. Upon a motion by Councilman Heisey, Ordinance No. 1874 New Series amending Title 17 of the Municipal Code of the City of Bakersfield by changing the land use zoning of that certain property Bakersfield, California, July 20, 1970 - Page 17 in the City of Bakersfield located on the northwest corner of Union Avenue and West Columbus Street, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None This is the time set for public hearing before the Council on an application by Frank St. Clair to amend the zoning boundaries from an R-1 (Single Family Dwelling) Zone to an R-2-MH-D (Two Fami~[y Dwelling - Mobile Home Park - Architectural Design) Zone, or more restrictive, Zone, of that certain property commonly known as 1500 Pacheco Road. This hearing has been duly advertised and posted and no written protests have been filed in the City Clerk's Office. Sub- ject parcel contains 8.8 acres and is located at the northeast corner of South "H" Street and Pacheco Road. This parcel would accomodate 79 mobile home sites as per City Ordinance. The Planning Commission was of the opinion that a well- designed and controlled mobile home park at this location would detrimental to the existing or future development of this not be area. The Vice-Mayor opened the hearing for public participatien. Mr. Frank St. Clair, owner of the land, stated that they feel this particular location would be ideally suited for a mobile home park site, and that it would enhance the value of the property in the area. No protests or objections being received, Vice-Mayor Stiern closed the public hearing for Council deliberation and discussion. After addressing several questions for purposes of clarification to the applicant, Councilman Whittemore moved adoption of Ordinance No. 1875 New Series amending Title 17 of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 1500 Pacheco Road, which motion carried by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Vetter, Whittemore Noes: None Stiern, Absent: None Bakersfield, California, July 20, 1970 - Page 18 This is the time set ~or public hearing before the Council on appeal by Ralph A. Coston, Sr., to the decision of the Board of Zoning Adjustment denying the application of Gordon Day requesting a variance of zoning from a C-1 (Limited Commercial) Zone to an R-3 (Limited Multiple Family Dwelling) Zone to permit the operation and maintenance of a Cabinet Shop on that certain property commonly known as This hearing has written protests have been the following: cabinet Board sides 1001 - 8th Street. been duly advertised and posted and filed in the City Clerk's Office from Leo J. Wilson -New City Realty 1020 - 8th Street Lovie D. Johnson 716 ,Q" Street The applicant wishes to use an existing building for a shop, an M-1 use in a C-1 and R-3 zone. At the public hearing held June 23, 1970, before the of Zoning Adjustment, the adjacent property owners on both of subject property objected to the granting of this variance as it was their feeling that a cabinet shop would not be compatible to the other uses in this area. Vice-Mayor Stiern opened the hearing for public partici- pation. Both Councilman Vetter and Councilman Heisey commented that in talking with Mr. Coston he had indicated that it was his intention to withdraw his appeal, but no written request has been received by any City Department. Mr. Coston was not present at the hearing. Mr. Leo J. Wilson, owner of New City Realty located at 1020 - 8th Street, addressed the Council stating that he is vigorously objecting to the change in zoning because as owner of all the property north of 1001 8th Street and all of the property adjoining on the east, he feels that a cabinet shop with all of the debris would be detrimental to him as major property owner in the block. He displayed maps and pictures of the area and also pictures of existing cabinet shops in the City which verified his statements Bakersfield, California, July 20~ 1970 - Page 19 that debris does accumulate because of this type of business, and this proposed cabinet shop would be facing his property and be very distasteful, as there would not be space to conceal the debris. No one else wishing to be heard, the public portion of the hearing was closed for Council deliberation and action. After Council discussion, upon a motion by Councilman Vetter, seconded by Councilman Stiern, Zoning Resolution No. 230 denying variance of the Land Use Zoning Ordinance of the City of Bakersfield affectJLng that certain property as hereinafter described and zoned as a C-1 (Limited Commercial) Zone and an R-3 (Limited Multiple Family Dwelling) Zone to permit the operation and maintenance of a cabinet shop on that certain property commonly known as 1001 - 8th Street, was adopted by the £ollowing vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: None Adjournment. There being no further business to come before the Council, upon a motion by Councilman Vetter, the meeting was adjourned at 11:35 P.M. MA~OR~/the City of Bakersfield, Calif. ATTEST: C~%~K and E~x Officio Cle~ of the Council o£ the City of Bakersfield, California Bakersfield, California, August 3, 1970 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., August 3, 1970. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Robert Stuebbe of the Grace Reformed Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Heisey, Stiern, Vetter, Whiilemore Absent: Councilmen Bleecker, Rees, Rucker Minutes of the regular meeting of July 20, 1970 were approved as presented. Scheduled Public Statements. Miss Pauline Marzelte, Youth Center Program Coordinator, introduced several workers from the Virginia Avenue Youth Center who presented the Council with paper weights which had been made by the youth at the center. Miss Sylvia Rudinou, Assistant Coordinator, stated that the. Virginia Avenue Youth Council had made these paper weights to present to the Council in appreciation and to better the relationship between the minority youth and the City fathers. They are planning a trip to Disneyland very soon and asked financial assistance from the City in securing tickets and transportation for this trip. Mayor Hart pointed out that it is the policy of the Council to refer requests of this nature to the Auditorium-Recreation Committee for study and recommendation and invited Miss Marzette to come into his office Tuesday after- noon to discuss this matter with him. Correspondence. Upon a motion by Councilman Stiern, communications from the American Association of Retired Persons, and Miss Angela M. Wilson, urging the Council lo conlinue the City Bus System, and communication from Mrs. Regina M. Stewart, expressing enjoyment of the Sunday Night Band Concerts in Beale Park, were received and ordered placed on file. Councilman Stiern commented that the correspondence received telalive to the Bus System could be signi- ficant if the matter is submitted to the electors at the November election. Bakersfield, California, August 3, 1970 - Page 2 Upon 331 inclusive, Allowance of Claims. a motion by Councilman Heisey, Vouchers Nos. 118 to in amount of $282,651.76, as audited by the Voucher Approval payment. Committee, were allowed and authorization was granted for Council Statements. Councilman Heisey asked Public Works Director Jing to investigate a property at 118 Northrup Street which is an eyesore to the neighborhood due to the need for the abatement of weeds and the dilapidated condition of the building. Reports. Councilman Whittemore, member of the Auditorium-Recreation Committee read the following report on the subject of California Avenue Park Neighborhood Facility Advisory Committee: At the July 20th meeting of the City Council a request was made by Del Rucker, Chairman of the Auditorium-Recreation Council Committee, regarding the appointment of a Citizens Advisory Committee for the California Avenue Park Neighborhood Facility. At that time Councilman Ken Vetter requested clarification of the appointments to this Committee. In answer to this request our City Attorney has advised us that the City Charter makes it mandatory for citizens serving on Council advisory committees to be residents of the City of Bakersfield. We have also been in contact with Mr. Mac Hopkins of the HUD Office who informed us that as far as the Federal Government is concerned, this committee can be made up of citizens throughout the community; however, he strongly urged that appointments be made from within the proposed neighborhood area. With these two points in mind, we would like the Council to consider appointing a committee immediately as it is most important for the architect to begin his plans. A deadline of September 8th for submission of Phase II of our application has been set by the Federal Government. The Auditorium-Recreation Council Committee has recom- mended that each Councilman furnish names of appropriate interested citizens to Mayor Hart and that he select a committee of seven Bakersfield, California, August 3~ 1970 - Page 3 people for the Council's approval at our next Council meeting. Your recommendations should be listed in order that your selections will receive appropriate consideration. We would recommend that the Council follow the advice of the Federal Government and appoint citizens who reside within the neighborhood area. Once this com- mittee is appointed~ the term of office for each member can be determined by the City Council. If this recommendation is not acceptable by the Council~ we would like to recommend that each Councilman appoint one member to serve on this Citizens Advisory Committee. Please remember thai this person should have available time and interest to devote to this worthwhile project. time and the appointment of of the program. Keep in mind that we are pressed for this Committee is a must at this phase Councilman Heisey stated he was prepared tonight to nominate Mr. John A. McCoy, 23? E1 Cerrito Drive, to serve on this Committee. During discussion~ it was determined that the Committee need not necessarily be limited to seven members. It was moved by Councilman Vetter that the report be received and placed on file, and that the Committee be composed of nine members, one to be appointed by each Councilman~ and two to be appointed by the Mayor. Names are to be submitted to the Mayor, who was authorized to appoint the Committee without further action by the Council. This motion carried unanimously. After discussion, upon a motion by Councilman Vetter, the Council went on record as opposing SB 476, which would add two additional representatives from special districts as members of LAFCO. The additional representation proposed would tend to defeat the intent and purpose of LAFCO in that such representatives could not make an unbiased evaluation where their personal positions are directly affected. Mayor Hart read a report from H. E. Bergen~ City Manager~ on the subject of increased rates for collection of refuse by private disposal companies. The present rates that the City of Bakersfield, California, August 3, 1970 - Page 4 Bakersfield pays to private disposal companies for collection of refuse within newly annexed territories were established on March 20, 1967. The present contract has a termination date of August 31, 1981, unless terminated earlier by either party, with one year's notice. Section 16 of this Agreement provides that annually the contract can be adjusted depending on operating costs. In the period of time from March 20, 1967, no increase has been granted. In January, 1969, the County of Kern approved an increase of approxi- mately 16 percent. The Department of Public Works has met with representatives of Kern Disposal, Inc. and is satisfied that a 10 percent increase is justified. On that basis, su£ficient funds were budgeted to allow for a l0 percent increase. Councilman Vetter suggested that any action be delayed until a full Council is present. Councilman Whittemore commented it would be his suggestion that this matter be reviewed by a Com- mittee for recommendation to the Council. Upon a motion by Council- man Vetter, the matter was referred to the Governmental Efficiency and Personnel Committee for study and recommendation. Action on Bids. Upon a motion by Councilman Stiern, low bid of Specialized Spray Service for abatement of weeds in the City was accepted~ all other bids were rejected, and the Mayor was authorized to execute the contract. Approval of Map of Tract 3392 and Mayor authorized to execute Contract and Specifications for Improvements therein. Upon a motion by Councilman Heisey, it is ordered that the Map of Tract No. 3392 be, and the same is hereby approved. That all easements shown upon said Map and thereof offered for dedication be, and the.same are hereby accepted for the purpose or the purposes for which the same are offered for dedication. Also, the courts shown upon said Map and therein offered for dedication be, and the same are hereby accepted for public use. Bakersfield, California, August 3, 1970 - Page 5 Pursuant to the Provisions of Section 11587 of the Busi- ness and Professions Code, the City Council hereby waives the requirement of signatures of the following: NAME Kern County Land Company Pacific Gas &Electric Company NATURE OF INTEREST Mineral Rights below 500' Tower Line Easements 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 improvements in said Tract. Adoption of Ordinance No. 1876 New Series of the Council of the City of Bakersfield amending Chapter 11.04 by adding Section 11.04.791 establish- ing a Speed Limit on South Real Road. Upon a motion by Councilman Vetter, Ordinance No. 1876 New Series of the Council of the City of Bakersfield amending Chapter 11.04 by adding Section 11.04.791 establishing a Speed Limit on South Real Road, was adopted by the following vote: Ayes: Councilmen Heisey, Stiern, Vetter, Whirremote Noes: None Absent: Councilmen Bleecker, Rees, Rucker Appointment of Member of Citizens Committee to assist in a study relative to freeway routes. Councilman Stiern submitted the name of Mr. Joseph Koegler for appointment as member of Citizens Committee to assist in a study and recommendation to the Highway Department relative to freeway routes. Adoption of Minute Order authorizing the City Manager and City Attorney to take appropriate legal action Re: Application to the California Public Utilities Commission by the Kern Island Water Company to withdraw from utility service portions of its service area. Upon a motion by Councilman Heisey, the Council adopted a Minute Order authorizing the City Manager and City Attorney to take appropriate legal action relative to application to the California Public Utilities Commission by the Kern Island Water Company to withdraw from utility service portions of its service area. Bakersfield, California, August 3, 1970 - Page 6 Approval of Agreement with Leonard J. Schroeder, Architect, A. I. A., for the construction of the California Avenue Park Community Center. Upon a motion by Councilman Stiern, Agreement between the City of Bakersfield and Leonard J. Schroeder, Architect, A. I. A., for the construction of the California Avenue Park Community Center was approved, and the Mayor was authorized to execute the Agreement. It was requested that copies of the proposed Agreement be supplied to all members of the Council within the next week. Councilman Whittemore abstained from voting on this motion. Adoption of Resolution No. 50-70 of the Council of the City of Bakersfield making application to the Office of Procurement, Department of General Ser- vices, State of California, to purchase Credit Card Service. Upon a motion by Councilman Stiern, Resolution No. 50-70 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, was adopted by the following vote: Ayes: Councilmen Heisey, Vetter, Stiern, Whittemore Noes: None Absent: Councilmen Bleecker, Rees, Rucker Adoption of Resolution of Intention No. 855 of the Council of the City of Bakersfield declaring its intention to order the vacation of a Public Utilities Easement in Lot 12, Tract 3160, City of Bakersfield. Upon a motion by Councilman Heisey, Resolution of Intention No. 855 of the Council of the City of Bakersfield declaring its intention to order the vacation of a Public Utilities Easement in Lot 12, Tract 3160, City of Bakersfield and setting August 31, 1970 for hearing on the matter before the Council, was adopted by the following vote: Ayes: ~Noes: Absent: Councilmen Heisey~ None Stiern, Vetter, Whirremote Councilmen Bleecker, Rees, Rucker Bakersfield, California, August 3, 1970 - Page 7 First reading of an Ordinance of the City of Bakersfield repealing Section 17.23.080 of the Municipal Code of the City of Bakersfield, Parking Area. First reading was considered given an Ordinance of the City of Bakersfield repealing Section 17.23.080 of the Municipal 'Code of the City of Bakersfield, Parking Area. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 4.04 (Wards) of the Municipal Code by specifically altering the boundaries of the Fifth and Sixth Wards; and the boundaries of the Second and Fourth Wards; and, where applicable, revising the boundaries of all wards to reflect subsequent annexations. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 4.04 (Wards) of the Municipal Code by specifically altering the boundaries of the Fifth and Sixth Wards; and the boundaries of the Second and Fourth Wards; and where applicable, revising the boundaries of all wards to reflect subsequent annexations. Application for Leave to Present a Late Claim by Mrs. DianeGiggy referred to the City Attorney. Upon a motion by Councilman Vetter, application for Leave to Present a Late Claim by Mrs. Diane Giggy was referred to the City Attorney. Approval of Agreement and Lease with County of Kern for Operation of Dog Pound. Upon a motion by Councilman Heisey, Agreement and Lease with~ County of Kern for Operation of the Dog Pound was approved, and the Mayor was authorized to execute same. Adjournment. There being no further business to come before the by Councilman Stiern, the meeting was Council, upon a motion adjourned at 8:50 P.M. '~'" of~ ty of Bakersfield, Calif. ATTEST: Ty~~a n ~ ~x -~ ~ ic i h~l e r---~ CI of the Council of the City of Bakersfield, California Bakersfield, California, August 17, 1970 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P. M., August 17, 1970. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Ross McGuire of the College Heights United Church of Christ. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Rees, Rucker, Stiern, Vetter, Whittemore Absent: Councilman Minutes of approved as presented. Heisey the regular meeting of August 3, 1970 were Correspondence. Upon a motion by Councilman Vetter, communication from the Reverend Daniel DeDominicis, Pastor of Our Lady of Guadalupe Church, 601 East California Avenue, requesting assistance from the City to control speeding in front of the church, was received and ordered placed on file. Mr. Bergen asked that the record show thai: this church is located in the unincorporated area and not under the jurisdiction of the City Traffic Authority. Upon a motion by Councilman Rucker, copy of communicatio~ addressed to Mr. Fred Norris, President of the Greater Bakersfield Chamber of Commerce, from Panokern Optical Company, was received and ordered placed on file. The City Clerk advised that communications had been received from the Kern County Retired Employees Association and Maude Van Gundy, urging the Council to continue to operate the City Transit Service. Council Statements. Councilman Stiern commented that he had read a news from the Firemens' Union announcing that the City and Kern County Firefighters Unions had joined forces into one large collective union. They were working towards certain goals such as the con- solidation of the City and County Fire Departments, and are opposed to annexation. It occurs to him that this group represents the release Bakers£ield, California, August 17, 1970 - Page 2 third largest political party in Kern County. They are a potent, political force in City and County elections and boast o~ their success in electing Supervisors and warn their opponents not to inter£ere with their political ventures. It occurs to him that the Council in opposing the consolidation of the two Fire Depart- ments has been on the wrong track, and that such a consolidation might be a good thing and the Council ought to consider it. He stated in considering it, he would not expect the residents of the City to be satisfied with the level of service of£ered by the County at the present time, and that the City should not settle £or less service than it is now receiving. By this consolidation, this militant organization can then take its problems to the Board of Supervisors rather than making themselves heard in every election that comes along and appearing before the City Council. He suggested that the answer would be to study and con- sider the possibility of a consolidation and what benefits would accrue to the City taxpayers. He there£ore moved that the staff study the potential of, and the advantages of, consolidating the City Fire Department with the County Fire Department and report back to the Council at some £uture date. Councilman Vetter stated he would be absolutely opposed to the Bakersfield Fire Department merging with the County Fire Department. The City has an excellent department, one of the best in the country, and there is no way that the City can improve its level of service by consolidating with the County. It is most important to consider the people in the Bakers£ield Fire Depart- ment who have spent many years in the department, and if they were merged with the large County department, there is a possi- bility thai these loyal people would be passed over £or advance- ment. Councilman Rucker stated he could see no advantage in consolidating the two departments, and he does not £eel that the Council should encourage it merely because of the political views of some members of the City Fire Department. Bakersfield, California, August l?, 1970 - Page 3 City Manager Bergen commented that this would be a long term project for the staff and he hoped the Council understands it will take several months to accomplish. Vote was then taken on Councilman Stiern's motion, which failed to carry by the £ollowing roll call vote: Ayes: Councilman Bleecker, Stiern Noes: Councilmen Rees, Rucker, Vetter, Whittemore Absent: Councilman Heisey Reports. Councilman Stiern, member of the Water and City Growth Committee, read a report on the subject of the Municipal Transit System, stating that the Water and City Growth Committee met with Supervisors Miller and Fairbairn on June 8th for the purpose of discussing the creation of a Metropolitan Transit District to serve the entire Greater Bakersfield Area. Subsequent follow-up meetings have been held individually with Supervisors Miller and Fairbairn on this matter. It was brought out in these meetings that the City has lost money on the Transit System every year since 1957 when it first acquired the system, and that the present buses are in very poor condition. $90,000 was lost for the fiscal year just ended and it will probably amount to $100,000 for this present fiscal year. The Committee believes that a transit system which serves the entire Greafer Bakersfield Area should be financed by that Area. In its letter of June 15, 1970 to the Board, the City offered to (1) transfer its pending application for Federal Funds for new buses (2) transfer the existing transit fleet to an appro- priate public organizafion~ such as a Metropolitan Transit District serving the Greater Bakersfield Area; and (3) lease the present transit facilities~ if desired, at 3101 - 16th Street for a reasonable fee. It was pointed out in this letter that we considered the matter to be an urgent request and furthermore, we requested prompt and favorable action by the Board. In the interim, we have learned unofficially that the County Counsel feels that there may be some legal hindrances in Bakersfield, California, August 17, 1970 - Page 4 the immediate creation of a Transit District which would serve the Greater Bakersfield Area. It must be pointed out, however, that we have received nothing in writing or of an official nature from the County regarding this request. As the deadline for adding items on the November ballot is August 18th, it has become necessary that this Council act promptly. Our alternatives are to place the issue before City voters in November, call a special election at some later date, or do nothing and continue the existing operation with its increasing annual losses. The City got into the transit business in March, 1957, as a result of the electorate creating the Bakersfield Transit Authority and, consequently, this Committee believes it would be appropriate for the electorate to decide in November whether or not the City should continue to provide a transit service for the entire Greater Bakersfield Area. Therefore, this Committee recommends that the City Council adopt this report and that the following question appear as Proposition #1 on the City Ballot at the November election: "Shall the City of Bakersfield abolish the Municipal Transit System by the repeal, effective March l, 1971, of Chapter 1.50 of the Municipal Code providing for the operation and financing of the Transit System?" Councilman Stiern then moved adoption of the report. Mrs. F. W. Hort, who lives at 7811 Niles Street, addressed the Council, stating that she is a member of Bakersfield Community House and works with older people who are dependent on the buses for transportation. She stated she heartily agrees that the County should assist in financing this transit system, however, she urged that the Council give some thought to the need existing in the community for a transportation system before discontinuing the system. The Council Councilman Whittemore who had earlier asked system, be recognized engaged in discussion on the report and requested that Supervisor Milton Miller, to speak on the subject of the transportation and permitted to address the Council. Bakersfield, California, August l?, 1970 - Page 5 Supervisor Miller stated that he recalled the letter of June 15th mentioned in the Water and City Growth Committee's report, and it was received by the Board o£ Supervisors. A meeting was held with Councilman Stiern and Heisey and he and Mr. Fairbairn had agreed to look into the formation of a Metropolitan Transit District, but they were waiting for an answer from the County Administrative Officer be£ore proceeding on the matter. He was not aware that the County Counsel had indicated there were any legal hindrances in the immediate creation of a Transit District to serve the Greater Bakers£ield Area. The County Administrative Officer had stated that he thought it would be necessary to obtain the authority to form this District from the State legislative body and therefore it would take some time. There was never any question about turning it down, although he did take issue with Mr. Stiern when he said he was going to have to abolish the Municipal Transit System. Councilman Stiern requested a point of order stating that he had never said he was going to abolish the transit system. Mr. Miller corrected himself and stated that Mr. Stiern had remarked that the Council would have to abolish the system. Mr. Miller went on to say that he did not see how the Council could think of such a thing, to deprive working and elderly people of their only means of transportation. He stated that the report implied that the Board of Supervisors really does not wish to form a Metropolitan Transit System and he resents this type of misinformation being circulated to the public. All it would take would be a telephone call to get together and discuss the matter. He stated he would never initiate placing this matter on the ballot and predicted it would be defeated. Mayor Hart stated that he wanted to exercise the priority of the chair and answer Mr. Miller. He cannot enthuse with the continued debate relative to the area of responsibility or the dereliction of duties. He will not permit it as long as he presides. There is only one way that this can be determined and that is by the Bakersfield, California, August l?, 1970 - Page 6 people, the electorate, who put the City in the transit business in the first place. What has to be done is a responsible accounting to the people of Bakersfield of the expenditure of their funds by the Council. The City is losing money every day on the transit system and the people who pay the taxes are getting tired of it. They have the right to exercise the ballot and it is either necessary to meet the ballot deadline tonight~ or cast it adrift and operate the transit system for another year at a considerable loss to the taxpaying public. Councilman Bleecker commented that to his knowledge the Council has not received a reply to their request to the County for assistance in creating a transportation system to serve the entire Greater Bakersfield Area. If this measure is placed on the ballot, the Council will find out what the people of Bakersfield want to do~ and he stated he will support Councilman Stiern's motion. After some additional Council discussion, vote was taken on Councilman Stiern's motion to adopt the report~ which carried by the following roll call vote: Ayes: Councilmen Bleecker, Rees, Stiern, Vetter, Whittemore Noes: Councilman Rucker Absent: Councilman Heisey Councilman Whittemore, Chairman of the Governmental Efficiency and Personnel Committee, read a report of that Com- mittee on the subject of increased refuse collection rages, stating that the City had had a contract with Kern Disposal~ Inc. since March 20, 1967, for refuse and garbage collection in the recently annexed parts of the City. Since that time the number of residen- tial accounts has increased from 577 on March 20, 1967, to 949 as of July 1, 1970. The number of commercial accounts has increased from 67 to 172 during the same period. expressed satisfaction with a proposed and this amount is included within the Kern Disposal, Inc. has ten percent rate increase 1970-71 Budget. Bakersfield, California, August 17, 1970 - Page 7 In view of increasing operating costs, inflation and the good service provided by Kern Disposal, Inc. the Governmental Efficiency and Personnel Committee recommends that the City Council adopt this report and authorize the Mayor to execute an amendment to Agreement No. 29-67, establishing a 10% rate increase for resi- dential and commercial refuse and garbage collection effective August 1, 1970. Councilman Whittemore stated that he wanted it understood that City residents are not being charged for the collection of refuse and garbage and he then moved adoption of the report. This motion carried, with Councilman Bleecker voting in the negative. Councilman Whittemore, Chairman of the Governmental Efficiency and Personnel Committee, read a report from that Com- mittee on the subject of Vacation Leave Computation. The present procedures of computing vacation leave earned involve rounding off to the nearest full day. This results in some employees getting extra vacation credit in small amounts during certain years, while some employees lose a little vacation credit during the same years. Consequently, better vacation benefits than others, appointment. some employees receive slightly depending upon their month of In order to avoid this situation, it is suggested that rounding off vacation leave be minimized and that fractional vacation balances be carried forward automatically from one calendar year to the next. This Committee has reviewed this situation and recommends that the City Council approve this report and make the first reading for the Ordinance in order to ensure that the employees will not vacation leave. Section 3.18.190 changed to delete reference lose or gain fractional amounts of (c) titled Computing Vacations has been to the rounding off the vacation leave earned to the nearest full day. Section 3.18.190 (n) Fractional Balances have been added and provides that - Fractional balances of less than one full working day or 24-hour duty shift are automatically carried forward to the next calendar year. Bakersfield, California, August 17, 1970 - Page 8 After Council discussion, upon a motion by Councilman Whirremote, the report was adopted, and the Ordinance was given first reading at this meeting. Councilman Kenneth E. Vetter~ Chairman of the Budget Review and Finance Committee, read a report on the subject of 1970-71 Budget Adjustments, stating that the following adjustments to the 1970-71 Budget are recommended by the Budget Review and Finance Committee: Automobile plus Radio. Increase the appropriation in Account 11-690-7200 by $3,100. Account 11-690- 7500 is to be increased by $900. The purpose of these adjustments is to provide for the acquisition of a new automobile and radio for the additional Building Inspector position authorized during the budget hearings in June. Increased Fire Insurance Coverage and Premiums· The City's Ynsurance Agent has recently completed a review of the City's Fire Insurance coverage with the recommendation that the City increase its coverage which will cost the City an additional $6,000 per year in premiums. Refunds - Sewer Connection Charges. Advanced sewer connection charges were paid by the firms of E. F. Karpe and Stewart and Wattenbarger. Last year these advanced payments became unnecessary and duplications as a result of the City's successful sewer bond issue in the southwest area. A refund of $2,612.05 is due the firm of E. F. Karpe, Inc. for advanced payments on Tract No. 3101. A refund of $6,865.00 is due the firm of Stewart and Wattenbarger for advanced payments on Tract No. 3201. It is recommended that the fees for Tracts 2942 and 2792 which were developed in the south- west area by Mr. Dandy, be waived. The total 1970-71 Budget is approximately $12,780,000, which is an increase of only $320,000, or 3.4% over last year's budget. The property tax rate of $2.8721 remains unchanged for the fourth consecutive year, and it has been nine years since the City had its last property tax rate increase. The City Council, City Manager and Department Heads are to be commended for their cooperation in helping the City maintain its high level of service without increasing the burden of the property taxpayer. This Committee recommends that the City Council adopt the recommendations of the memorandum dated August 17, 1970, from the Public Works Director to the City Manager. Bakersfield, California, August 17, 1970 - Page 9 Councilman Vetter stated he would like to make a couple of comments. It is fine to say that the Council can hold the tax line and there has been no property tax increase, however, the fact remains that taxes were increased by the adoption of the 5% Utility Tax which it is contemplated will raise $750,000 in revenue, for the City. He favored adopting this tax, as he feels very strongly that the property taxpayer has reached the limit for paying additional taxes for the cost of government. The most important thing to realize is that next year this Utility Tax will not develop any more revenue than it has this year, and if additional salary demands are made upon the City, it will be necessary for the Council to either develop new sources of revenue or resist any increase in the City's budget. The time to start considering additional sources of revenue is now or the present level of service or something else, will have to be cut from the budget. He then moved adoption of the Report. Councilman Stiern commented that from what he has read, every City in the Country is in the same condition and is looking for additional sources of revenue to operate, or considering the deletion of services. Councilman Rucker commented that as long as the cost of living continues to rise, people who work for a living are going to have to have raises in their salary. The City has been fortunate that a tax increase has not been necessary at this time, but he feels that eventually City taxes will have to be increased, if the cost of living continues to go up. Councilman Bleecker asked the City Attorney what the status of the Utility Tax is at the present time as far as the State Legislature is concerned. Mr. Hoagland replied that the State Legislature hasn't done anything about it, but the Superior Court in Fresno validated it and declared it constitutional, how- ever, that is a lower court ruling. That ruling will be appealed and most likely there will not be an answer from the Appelate Court for possibly another year. As far as the City of Bakersfield is concerned, it is a valid tax. Bakersfield, California, August 17~ 1970 - Page l0 A£ter additional Council discussion, Councilman Vetter's motion to adopt the Report, unanimously. Allowance of Claims. Upon a motion by Councilman Bleecker, to 506 inclhsive, in amount Voucher Approval Committee~ granted for payment. Upon a motion vote was taken on which carried Vouchers Nos. 332 of $190,075.89, as audited by the were allowed, and authorization was Action on Bids. by Councilman Stiern, all bids were rejected as excessive, and the Finance Director was authorized to readvertise for the construction of Drainage Facilities for 42nd Street. Deferred Business. Upon a motion by Councilman Rees, Ordinance No. 1877 New Series of the City of Bakersfield repealing Section 17.23.080 of the Municipal Code of the City of Bakersfield, Parking Area, was adopted by the following vote: Ayes: Councilmen Bleecker, Rees, Rucker, Stiern~ Vetter~ Whittemore Noes: None Absent: Councilman Heisey Upon a motion by Councilman Stiern, Ordinance No. 1878 New Series of the Council of the City of Bakersfield amending Chapter 4.04 (Wards) of the Municipal Code by specifically altering the boundaries of the Fifth and Sixth Wards; and the Boundaries of the Second and Fourth Wards; and, where applicable, revising the boundaries of all wards to reflect subsequent annexations, was adopted by the following vote: Ayes: Councilmen Bleecker, Rees, Rucker, Stiern, Vetter, Whittemore Noes: Absent: None Councilman Heisey 1 Bakersfield, California, August 17, 1970 - Page ll Adoption of Resolution of Intention No. 856 of the Council of the City of Bakersfield declaring its intention to order the vacation of a Public Utili- ties Easement along Lots 1 through 19 inclusive, Tract No. 3250, City of Bakersfield. Upon a motion by Councilman Whittemore, Resolution of Intention No. 856 of the Council of the City of Bakersfield de- claring its intention to order the vacation of a Public Utilities Easement along Lots 1 through 19 inclusive, Tract No. 3250, City of Bakersfield, and setting date of September 14, 1970 for hearing before the Council, was adopted by the following vote: Ayes: Councilmen Bleecker, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Heisey Adoption of Resolution of Intention No. 857 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of alley in Block 222, Godey Tract, City of Bakersfield. Upon a motion by Councilman Rucker, Resolution of In- tention No. 857 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of alley in Block 222, Godey Tract, City of Bakersfield, and setting date of September 14, 1970 for hearing before the Council, was adopted by the follow- ing vote: Ayes: Councilmen Bleecker, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Heisey Adoption of Resolution of Intention No. 858 of the Council of the City of Bakersfield declaring its intention to order the abandonment of a portion of "0" Street between Lot 1 of Block 349 and Lot 4 of Block 348, City of Bakersfield. Upon a motion by Councilman Vetter, Resolution of Inten- tion No. 858 of the Council of the City of Bakersfield declaring its intention to order the abandonment of a portion of "0" Street between Lot 1 of Block 349 and Lot 4 of Block 348, City of Bakersfield, California, August 17, 1970 - Page 12 Bakers field, before Ayes: Noes: Absent: the Council, Councilmen and setting date of September 14, 1970 for hearing was adopted by the following vote: Bleecker, Rees, Rucker, Stiern, Vetter, Whittemore None Councilman Heisey Claim of Merco Construction Engineers' Inc. referred to the City Attorney. Upon a motion by Councilman Rucker, Claim of Merco Con- struction Engineers' Inc. under Government Code Sections 900-935.6, was referred to the City Attorney. Adoption of Ordinance No. 1879 New Series 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, 1970 and ending June 30, 1971. Upon a motion by Councilman Vetter, Ordinance No. 1879 New Series 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, 1970 and ending June 30, 1971, was adopted by the following vote: Ayes: Noes: Absent: Councilmen Bleecker, Rees, Rucker, Stiern, Vetter, Whittemore None Councilman Heisey Adoption of Resolution No. 51-70 of the Council of the City of Bakersfield calling a Special Municipal Election for the purpose of submitting certain amendments to the Charter of the City of Bakersfield and to amend the Munici- pal Code by repealing Chapter 1.50 of the Municipal Code. At this time the Council considered the adoption of a Resolution calling a Special Municipal Election for the purpose of submitting certain amendments to the Charter of the City of Bakersfield and to amend the Municipal Code by repealing Chapter 1.50 of the Municipal Code. Councilman Stiern commented that he feels the Propositions should be kept as simple and lucid as possible, and questioned the wording of Proposition No. 1 as set Bakersfield, California, August l?, 1970 - Page 13 forth in the proposed Resolution, stating that he feels the sim- plicity of saying "Shall the City of Bakersfield abolish the Muni- cipal Transit System, etc." is very adequate for the purpose of bringing it before the electorate. City Attorney Hoagland commented that he is sympafhetic with Councilman Stiern's arguments in that the ballot should read in a manner which will mosf inform the people who are voting on it when they are in the voting booth~ rather than depending on fhe explanatory material that accompanies the sample ballot. Councilman Rucker stated that he was not opposed to the three charter amendments only to the proposition which would dis- continue the Municipal Transit System, as he is not in favor of submitting the proposition to the electorate. Councilman Stiern then moved adoption of the Resolution. Councilman Rucker asked for a division of the question, as he wished to vote on Proposition No. 1 separately. After Council discussion, vote was taken on Proposition No. 1 only, which carried by the following roll call vote: Ayes: Noes: Absent: and 4, Ayes: Noes: Absent: Councilmen Bleecker~ Rees, Stiern, Vetter~ Whittemore Councilman Rucker Councilman Heisey Roll Call Vote was as same are to appear on the ballot, Councilmen Bleecker, Rees~ Rucker~ Whittemore None Councilman Heisey Upon a motion by Councilman Bleecker, then taken on Propositions Nos. 2~ 3, which carried as follows Stiern, Vetter, Resolution No. 51-7.0 Stiern~ Vetter, Ayes: Noes: Absent: Councilmen Bleecker, Rees, Rucker, Whittemore None Councilman Heisey of the Council of the City of Bakersfield calling a Special Municipal Election for the purpose of submitting certain amendments to the Charter of the City of Bakersfield and to amend the Municipal Code by repealing Chapter 1.50 of the Municipal Code, was adopted by the following vote: Bakersfield, California, August 17, 1970 - Page 14 Adoption of Resolution No. 52-70 of the Council of the City of Bakersfield requesting the Board of Supervisors of the County of Kern to order the con- solidation of a Special Municipal Election with the State General Election to be held on November 3, 1970, and setting forth the exact form of the propositions to be voted on at such election, as the same are to appear on the ballot. Councilman Stiern moved thai lhe word "abolish" be substituted for the words "cease operation of", in proposed Proposition #1, as the same is to appear on the ballot for the Special Municipal Election to be consolidated with the State General Election to be held on November 3, 1970. After consider- able discussion, vote was taken on the motion which carried, with Councilman Rees voting in the negative. Councilman Stiern then moved adoption of Resolution No. 52-70 of the Council of the City of Bakersfield requesting the Board of Supervisors of the County of Kern to order the consolidation of a Special Municipal Election with the State General Election to be held on November 3, 1970, and setling forlh the exact form of the Propositions to be voted on at such election the substitution of on Proposition #1. vote: Ayes: Noes: Absent: as the same are to appear on the ballot, with the word "abolish" for "cease operation of" This motion carried by the following roll call Councilmen Bleecker, Rees, Rucker, Stiern, Vetter, Whittemore None Councilman Heisey Adoption of Resolution No. 53-70 of the Council of the City of Bakersfield requesting the Board of Supervisors of the County of Kern to permit the County Clerk to render specified services to said City relating to the conduct of the Special Municipal Election to be held on the 3rd day of November, 1970. Upon a motion by Councilman Bleecker, Resolution No. 53-70 of the Council of the City of Bakersfield requesting the Board of Supervisors of the County Clerk to render specified services of Kern to permit the County to said City relating to the Bakersfield, California, August l?, 1970 - Page 15 conduct of the Special Municipal Electtoil to be held on the 3rd day of November, 1970, was adopted by the following vote: Ayes: Councilmen Bleecker, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Heisey Approval of boundaries of proposed annexation designated as Beale #2. Upon a motion by Councilman Vetter, boundaries of proposed annexation designated as Beale #2 were approved and referred to the City Engineer and City Attorney for referral to LAFC. Approval of boundaries of proposed annexation designated as Akers #1. Upon a motion by Councilman Whittemore, boundaries of proposed annexation designated as Akers #1 were approved and referred to the City Engineer and City Attorney for referral to LAFC. Approval of boundaries of proposed annexation designated as Brundage #2. Upon a motion by Councilman Rucker, boundaries of proposed annexation designated as Brundage #2 were approved and referred to the City Engineer and City Attorney £or referral to LAFC. Approval of boundaries of proposed annexation designated as Air Park #1. Upon a motion by Councilman Rucker, boundaries of proposed annexation designated as Air Park #1 were approved and referred to the City Engineer and City Attorney for referral to LAFC. Approval of boundaries of proposed annexation designated as Terrace Way #2. Upon a motion by Councilman Vetter, boundaries of proposed annexation designated as Terrace Way #2 were approved and referred to the City Engineer and City Attorney for referral to LAFC. Approval of Plans and Specifications for the improvement of Lakeview Aven~e from Brundage Lane to S. P. R. R., Asphalto Branch. Upon a motion by Councilman Rucker, the plans and specifi- cations were approved and the Finance Director was authorized to advertise for bids for the improvement of Lakeview Avenue from Brundage Lane to S. P. R. R. Bakersfield, California~ August l?, 1970 - Page 16 Approval of request from Valley Realty to connect four residences located on Castro Lane to the City Sewer SyStem. Upon a motion by Councilman Rucker, request from Valley Realty to connect four residences located on Castro Lane to the City Sewer System were approved subject to the following conditions: 1. Work to be constructed to City specifications. 2. Enter a suburban sewer rental agreement with individual contract for each house. 3. Plans to be submitted for City's review and approval. Acceptance of Map of Tract No. 3363 and Mayor authorized to execute Con- tract and Specifications for improve- ments therein. Upon a motion by Councilman the Map of Tract No. 3363 be, and the Vetter, it is ordered that same is hereby, approved: Kern County Land Company NAME Kern County Land Company walkway, are hereby field hereby waives shown upon said map, therein offered for dedication and the offer of dedication for abandonment of rights of vehicular ingress and egress, be and the same are hereby accepted for the purpose for which the same are offered for dedication, pursuant to the pro- visions of Section 11587 of the Business and Professions Code; the offer of dedication of easements for landscaped pedestrian rejected. The Council of the City of Bakers- the requirement of signatures of the following: NATURE OF INTEREST Mineral rights below a depth of 500 feet with no right of sur- face entry. The right to pass over and across said land for ingress to and egress from any lands of Kern County Land Company, which are not accessible from any public road, highway, or over other lands of said company as excepted and re- served in that deed recorded May 27, 1960 in Book 3271 at Page 26, O. R., County of Kern. That all the easements, streets, courts, drives, ways and avenues Bakersfield, California, August 17, 1970 - Page The Clerk of this Council is directed to endorse upon the face of said map a copy of this order authenticated by the Seal of the Council of the City of Bakersfield, and the Mayor was authorized to execute the Contract and Specifications covering improvements in said Tract. Acceptance of Work and Mayor authorized to execute Notice of Completion for Contract No. 49-70 for Grading of 42nd Street between Jewett Avenue and Union Avenue. Upon a motion by Councilman Bleecker, the Work was accepted and the Mayor was authorized to execute the Notice of Complelion for Contract No. 49-70 for Grading of 42nd Street between Jewett Avenue and Union Avenue. Acceptance of Street Right of Way Deed from Melvin Zigher. Upon a motion by Councilman Vetter, Street Right of Way Deed from Melvin Zignet for additional right of way for widening of Ming Avenue near the northbound Freeway 99 on-ramp, was accepted. Acceptance of Street Right of Way Deed from the Akron. Upon a motion by Councilman Vetter, Street Right of Way Deed from the Akron for additional right of way for widening of Ming Avenue at the location of the Akron Store, was accepted. Acceptance of Storm Drain Easement from Hartfield-Zodys, Inc. Upon a motion by Councilman Vetter, Storm Drain Easement from Hartfield-Zodys, Inc., was accepted. Acceptance of Street Right of Way Deed from Hartfield-Zodys, Inc. Upon a motion by Councilman Vetter, Street Right of Way Deed from Hartfield-Zodys, Inc. for additional righ't of way for widening of Ming Avenue, Stine Road and Akers Road at the Zodys Development, was accepted. Bakersfield, California, August l?, 1970 - Page 18 Acceptance of Street Right of Way Deed from Ming Center Investment Company. Upon a motion by Councilman Vetter, Street Right of Way Deed Road was accepted. from Ming Center Investment Company for widening of Akers and Parker Avenue in the vicinity of the Zodys Development, Acceptance of Storm Drain Easement from Ming Center Investment Company. Upon a motion by Councilman Vetter, Storm Drain Ease- ment from Ming Center Investment Company was accepted. Parcel of land at the southwest corner of Oswell and Auburn Street declared surplus, and Mayor authorized to execute Quitclaim Deed to abutting owners, M. Gordon Wild, Joseph A. Gallagher and Egan Gost~ at value established by licensed appraiser. Upon a motion by Councilman Rees, parcel of land located at the southwest corner of Oswell and Auburn Streets was declared surplus, reserving utility easement rights, and the Mayor was authorized to execute Quitclaim Deed to abutting owners, M. Gordon Wild, Joseph A. Gallagher and Egan Gost, at value established by licensed appraiser. Councilman Stiern left the meeting at this time. Hearings. This was the time set for public hearing before the Council of the City of Bakersfield for hearing protests by persons owning real property within territory designated as "Wilson Road No. 1", proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised and notices sent to all property owners. No protests have been filed in the City Clerk's Office. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the hearing was closed for Council deliberation and action. Upon a motion by Councilman Whittemore, Resolution No. 54-70 of the Council of the City of Bakersfield declaring that a majority protest has not been made to the annexation of territory designated as "Wilson Road No. 1", proposed to be annexed to the City of Bakersfield, was adopted Bakersfield, California, August 17, 1970 - Page 19 by the following vote: Ayes: Councilmen Bleecker, Rees, Rucker, Vetter, Whittemore Noes: None Absent: Councilmen Heisey, Stiern Upon a motion by Councilman Whittemore, Ordinance No. 1880 New Series approving annexation of a parcel of uninhabited territory to the City of Bakersfield, California, designated as "Wilson Road No. l", and providing for the taxation of said terri- tory to pay the bonded indebtedness of said City, was adopted by the following vote: Ayes: Councilmen Bleecker, Rees, Rucker, Vetter, Whirremote Noes: None Absent: Councilmen Heisey, Stiern This was the time set for public hearing before the Council of the City of Bakersfield for hearing objections to the inclusion of a portion of certain territory designated as "Wilson Road No. 1" within the Greater Bakersfield Separation of Grade District. This hearing has been duly advertised and no written objections have been filed in the City Clerk's Office. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the hearing was closed for Council deliberation and action. Upon a motion by Councilman Whittemore, Resolution No. 55-70 annexing certain terri- tory designated as "Wilson Road No. 1" to the Greater Bakersfield Separation of Grade District was adopted by the following vote: Ayes: Councilmen Bleecker, Rees, Rucker, Vetter, Whirremote Noes: None Absent: Councilmen Heisey, Stiern This was the time set for public hearing before the Council of the City of Bakersfield to zone upon annexation that certain property in the County of Kern located west of Wible Road and south of Ming Avenue to Planz Road, known as Wilson Road No. 1 Annexation. This hearing has been duly advertised and posted and no written protests were filed in the City Clerk's Office. Bakersfield, California, August l?, 1970 -Page 20 Mayor Hart declared the hearing open for public partici- pation. Mr. Richard Hosking, Attorney representing Supertino, addressed the Council, stating that Mr. Supertino was not satisfied with the recommendation of the Planning Commission to fezone his property located in Lot 19, as R-3-D, as property facing Wilson Road on either side of him was zoned C-2-D, and he is requesting the same zoning for his property. He has no inten- tion of building an apartment house at this location and would like to be able to use it for commercial purposes. Councilman Vetter asked Planning Director Sceales the reason the Planning Commission felt this property should be zoned R-3-D instead of C-2, and Mr. Sceales stated the Commission felt the large commercial zoning now existing in the County was too much already because it is not served by any major streets and Wilson Road is a secondary street and does not have access to the freeway. It is impossible to get off the freeway to the K-Mart and this will generate a traffic problem on Real Road. After discussion, Councilman Bleecker stated he felt this request was a legitimate one, and moved that the Council fezone the north 484.99 feet of Lot 19, Section 11, T. 30 R. 27 E., C-2-D, instead of the R-3-D recommended by the Planning Commission. Councilman Vetter questioned zoning the whole property C-2-D when it abuts on R-1 property. Councilman Whittemore stated that he is opposed to Councilman Bleecker's motion, as he feels that the R-3 is a buffer into the R-1 zoning and the R-1 into the school, which is the proper way to fezone the area. Councilman Vetter then made a substitute motion that the north 300 feet of Lot 19, Section ll, T. 30 S., R. 27 E., be zoned C-2-D, and the balance of the property be zoned R-3-D. Vote was then taken on the substitute motion which carried by the following vote: Ayes: Noes: Absent: Councilmen Bleecker, Rees, Rucker, Vetter, Whirremote None Councilmen Heisey, Stiern Bakersfield, California, August 17, 1970- Page 21 Upon a motion by Councilman Whittemore, Ordinance No. 1881 New Series amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, was adopted as amended by the following vote: Ayes: Councilmen Bleecker, Rees, Rucker, Vetter, Whittemore Noes: None Absent: Councilmen Heisey, Stiern This was the time set for public hearing before the Council of the City of Bakersfield on application by George Lewis Mahoney to amend Title Seventeen of the Municipal Code by changing the zoning boundaries from an R-1 (Single Family Dwelling) Zone to an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone, affecting that certain property located on the west side of Hughes Lane in the 3700 and 3800 Blocks. This hearing has been duly advertised and posted and no written protests have been filed in the City Clerk's Office. Subject parcel contains 5.56 acres and is served by Hughes Lane, a developed 90 foot secondary highway, by White Lane, a 110 foot major highway and by Freeway 99. mission was of the opinion that R-3-D zoning would be compatible with the vicinity. The Planning Com- for subject property Mayor Hart declared the hearing open for public partici- pation. No protests or objections having been received, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Whittemore, Ordinance No. 1882 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the west side of Hughes Lane in the 3700 and 3800 blocks, was adopted by the following vote: Ayes: Noes: Absent: Assessments for demolition of dangerous buildings in Whittemore Councilmen Bleecker, Rees, Rucker, Vetter, None Councilmen Heisey, Stiern This was the time set for public hearing on Report on the City of Bakersfield, California, August l?~ 1970 - Page 22 Bakersfield, California, as provided by Chapter 8 of the Dangerous Building Code, Volume IV of the Uniform Building Code and pursuant to the order of Justus A. Olsson, Building Director. This hearing has been duly advertised and notices sent to all property owners. No written protests have been filed in the City Clerk's Office. Mayor Hart declared the hearing open for public partici- pation. Mr. Herd Bias addressed the Council protesting the burning and demolition of his property at llO? Sumner Street on the 5th of July, 1969. He had been notified of the proposed demolition of the building and had asked for an extension of time to do the work himself, which extension was granted to him. However, he was unable to accomplish the work within the time extension granted, and the building was burned and in the process valuable personal property in the building was destroyed. He stated that he did not feel he had been treated fairly and he appeared before the Council only for the purpose of preventing a recurrence of this type of action. City Attorney Hoagland commented that this property owner was notified through the mails but it was difficult to locate him, and the record will show that he was given sufficient time to comply with the notice. After Council discussion, upon a motion by Councilman Rucker, Resolution No. 56-?0 confirming Assessment of certain properties located in the City of Bakersfield upon which Dangerous Buildings have been demolished and removed, was adopted by the following vote: Ayes: Councilmen Bleecker, Rees, Rucker, Vetter, Whirremote Noes: None Absent: Councilmen Heisey, Stiern Councilman Vetter asked that he be furnished with a brief resume of the procedures followed in this case, and Mr. Hoagland stated that he would make this report at the next meeting, because he was involved with this matter and knows that sufficient notification was given. Bakersfield, California, August l?, 1970 - Page 23 This is the time set for public hearing before the Council declaring its intention to order a modification of Assess- ment Roll No. 246 and the Assessment Diagram for Public Improvement District No. 839. This hearing has been duly advertised and no written protests have been received in the City Clerk's Office. Mayor Hart declared the hearing open for public partici- pation. No protests or objections having been received, the hearing was closed for Council deliberation and action. Upon a motion by Councilman Bleecker, Resolution No. 5?-70 of the Council of the City of Bakersfield ordering the con- solidation of Assessments No. 89 and 90 on Assessment Roll No. 246:, into a single Assessment No. 89A, reflecting said change on the Assessment Diagram for Public Improvement District No. 839 and ordering the issuance of a new Improvement Bond to represent this consolidation assessment, was adopted by the following vote: Ayes: Councilmen Bleecker, Rees~ Rucker~ Vetter, Whirremote Noes: None Absent: Councilmen Heisey, Stiern Adjournmenl. There being no further business to come before the Council~ upon a motion by Councilman Vetter,/he meeting was adjourned at 10:50 P.M. ! i z~ MAYOR of thy~ity of Bakersfield, Calif. ATTEST: ~erk of the Council of the City of Bakersfield~ California Bakersfield, California, August 31, 1970 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P. M., August 31, 1970. In the absence of Mayor Hart, Vice-Mayor Stiern called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend Joe Armstrong of the Mr. Zion Baptist Church. The City Clerk called the roll as follows: Present: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Absent: Mayor Hart. Councilman Bleecker Minutes of the regular meeting of August 17, 1970 were approved as presented. Scheduled Public Statements. Mrs. Elizabeth Van Alstyne addressed the Council stating that she was very much concerned about certain activities in Beach Park and along Chester Avenue. She pointed out that the entrance to the park is posted with a sign that the park is closed from midnight to five a.m. and no overnight camping is permitted; how- ever, this regulation is not being observed. She asked the Council to consider the adoption of an Ordinance to close the park at ten o'clock in the evening and impose a heavy fine for violation. She stated that immoral acts were being performed by young people on Chester Avenue and asked that this area be patrolled more heavily and the Police Department be provided with laws that it can enforce. Councilman Stiern stated that the Council is willing to adopt an Ordinance which would assist the Police Department, and he is certain that if Chief Towle felt additional ordinances were necessary, he would convey this information to the City Attorney or to the Council. During discussion, all members of the Council agreed that perhaps an early closing of the park would be the solution to the problem. Councilman Heisey requested the staff to investi- gate the matter thoroughly and come back with a recommendation as to the type of Ordinance the Police Department would need to assist Bakersfield, California, August 31, 1970 - Page them in maintaining order in Beach Park and other areas of the City. City Manager Bergen stated that the staff would hold a meeting with the Police Chief and the City Attorney to find out if there is any additional Ordinances needed which would be helpful. In the physical closing of the park, it will be necessary to make provisions for the Police Department to enter the park for patrolling at night. Councilman Stiern asked City Council, to discuss with the the City Manager on behalf of the Chief of Police this week, whether there are additional ordinances necessary for the policing of the park. If there are, and if they will be beneficial to the enforcing of the law by the Police Department, make their work easier and make Bakersfield a safer place, then he would expect the Chief of Police? to recommend those ordinances he would like to have the City Council adopt. Correspondence. Upon a motion by Councilman Rees, Mayor Hart was designa-. ted as voting representative and Vice-Mayor Stiern was designated as the alternate voting representative for voting at the Business Sessions at the Annual League of California Cities Conference to be held in San Diego, October 25-28. Upon a motion by Councilman Vetter, approximately 120 postcards addressed to the Council, the City Manager and the individual Councilmen relative to the Fire Alarm Operators, were referred to the Governmental Efficiency and Personnel Committee. Council Statements. Councilman Stiern submitted the following statement in the form of a report: Representatives of the cities of Kern County have been meeting with Supervisors Fairbairn and Webb since March of this year in an attempt to resolve City-County equity issues. The first Bakersfield, California, August 31, 1970 - Page 3 subject being thoroughly reviewed and evaluated is thai of the County Park and Recreation Department. At present the County subvents funds to the City on the basis of population to reimburse the City £or expenditures we make in providing recreation facilities to people living outside of the City Limits. The formula used is somewhat complicated and is based upon the population of the Bakersfield School District. We feel that this arrangement could be better, but we realize that it is an attempt to be reasonable and equitable, and we believe that it is working out with a reasonable amount of satisfaction for both the County and the City. The matter of County Parks, however, is more complicated~ The County Administrator has submitted a proposal to the cities which groups parks into three categories. These categories are Regional Parks~ Community Parks and Neighborhood or Local Parks. At the present time, all of the County Parks are £inanced out of the County-Wide Property Tax, but the Local Parks are of benefit to only those living within a short distance of them. The County proposes to continue £inancing the larger parks~ which are the Regional Parks~ on a County-Wide Property Tax basis. These parks have a natural environment for picnicking, camping~ boating, skiing, etc., and are aimed at serving the entire regional county. There are ten parks classified as Regional Parks, including Hart Park, Lake Isabella, Lake Ming, etc. We agree that Regional Parks should continue to be financed from County-Wide Property Taxes as recommended by the County Adminis- trator. Community Parks are parks which are over twenty acres or more in size and serve a specific community. There are twelve Community Parks in the entire County, of which four are close to the City of Bakersfield. They are Panorama Park which is un- developed, Beach Park~ Heritage Park, and the Metropolitan Recreation Center. The County proposed that County Service Areas be created to finance Community Parks. Specific details are still being worked out in connection with Community Parks and, therefore, no recommendation is made regarding their financing at this time. Bakersfield, Cali£ornia, August 31, 1970 - Page 4 Neighborhood Parks are parks which are less than twenty acres in size and which serve a small geographic area. There are forty-three Neighborhood Parks currently supported by County-Wide Property Taxes. The County proposed that Neighborhood or Local Parks be financed only by the area benefited. They plan to do this by creating County Service Areas around the Local Parks. College Park in the College Heights Area is the only Neighborhood Park within the Bakersfield City Limits, but no service area would be created since the College Park facilities are of limited value to our residents. We feel that the County plan for financing County Neighber- hood Parks is worthy o~ support and that the County should create the necessary County Service Areas to service Neighborhood Parks. We feel that this is a definile step forward, and we hope that the other cities within the County will endorse the County proposal on this matter. Councilman Stiern recommended that a letter be sent by the Mayor and delivered to the Board o£ Supervisors supporting the creation of County Service Areas to £inance County Local Parks. Councilman Heisey commented that the recommendation is an excellent one, as he knows that many hours of time were spent and a great number of meetings were held, in order to arrive at an agreement between the Supervisors and the Council Committee, and he moved that the recommendation be adopted. After Council discussion, vote was taken on the motion, which carried unanimously. Reports. City Manager Bergen made the following report on the subject of Taxicab Fares: The taxicab operators within the City have requested authorization to increase their rates from 40~ per mile to 50~ per mile, and to increase the waiting charge from $4.50 per hour to $6.00 per hour. In addition, they have requested a minimum charge of $1.50 whenever passengers with more than three parcels are delivered. Bakersfield, California, August 31, 1970 - Page 5 The Administrative Staff feels that this increase is justified at this time based upon a survey of other California Cities. We also recommend a minimum charge of $1.50 be instituted whenever passengers with more than three parcels are involved in a ride. No request has been made to change the "flag drop" charge and none is recommended. The rates presently charged in Bakers- field are lower than those charged in most other cities in California. The rates now authorized were established in 1966 and an increase in rate is justified due to inflation and increasing operational costs for the local taxicab firms. It is therefore recommended that a public hearing on the proposed rate increase be set for September 14, 1970, so that the public can express its opinions on this matter. Councilman Whittemore stated he realized that there has been an increase in costs, but that he felt the present taxicab equipment is in very poor condition, and he asked if there wasn't some type of legislation which would require cabs to be kept in reasonably good condition. Mr. Bergen asked if this could be made as a supplemental report at the night of the hearing. Mr. Hoagland stated the State, under the California Highway Patrol, sets the standards for taxicabs and to that extent has pre-empted the City's regulations. Councilman Vetter commented that it occurred to him the cab companies should be required to furnish a financial statement, indicating their return on their investment in order to justify the proposed rate increase. He suggested that this be submitted to the Council prior to the hearing so that a Council Committee could review it, just the same as the Committee is doing at the present time on the Cable TV request. Mr. Bergen agreed to contact the cab company and ascertain what information is available along these lines. After Council discussion, upon a motion by Councilman Heisey, date of September 14, 1970 was set for public hearing on the matter before the Council. Bakersfield, California, August 31, 1970 - Page 6 Councilman Whittemore, Chairman of the Governmental Efficiency and Personnel Committee, reported that the Committee has not finished its evaluation of the matter of the Fire Alarm Operators, and that he hopes to have the report out of Committee by the next meeting on September 14, 1970. Councilman Vetter reported on AB 1155, stating that he had received a letter from John T. Knox, Assemblyman of the 11th District, on this Bill which relates to special district represen- tation on Local Agency Formation Commissions. A compromise has been worked out by representatives of the Special Districts Association, the League of California Cities and the County Super- visors of California. AB 1155 as amended on August 7th, embodies the provisions of that compromise. The compromise provides for what might be termed as "double veto action" between the counties, LAFCO and the special districts within the County. Specifically, AB 1155 provides that the special districts within a County may request representation on LAFCO, in which instance they will be required to submit to LAFCO a list of services and functions which they are currently providing. LAFCO may either reject or approve their request. If LAFCO agrees to district representation, two representatives will immediately be seated on LAFCO, and LAFCO will acquire full authority over services or functions which a district may wish to provide. This procedure also works in the reverse. LAFCO may propose to assume jurisdiction over new functions and services which special districts may wish to provide. The special districts may reject or approve the pro- positions. If the special districts agree, two special district representatives will automatically be added to the membership of LAFCO and LAFCO will in turn get full control over special districts' latent powers. AB 1155 was passed by the Senate on August 18, 1970, and the Assembly concurred on the same day. The Bill is now on the Governor's desk awaiting his signature. Bakersfield, California, August 31, 1970 - Page 7 After discussion, upon a motion by Councilman Vetter, seconded by Councilman Stiern, the City Council went on record as opposing AB 1155, as amended, and the City Attorney was directed to send a wire requesting the governor to veto the Bill. This motion carried unanimously. Allowance of Claims. Upon a motion by Councilman Rucker, Vouchers Nos. 507 to 702 inclusive, in amount of $205,966.73, as audited by the Voucher Approval Committee, were allowed, and authorization was granted for payment of same. Action on Bids. Upon a motion by Councilman Rees, low bid of Valley GM Diesel for Replacement Diesel Engine for Fire Truck was accepted, and all other bids were rejected. Upon a motion by Councilman Whirremote, all bids for Water Pollution Control Facility were rejected, and the Finance Director was authorized to readvertise for this project. Rejection was due to the consulting engineers failing to advertise this project in the Official Newspaper of the City Council as required by the Charter. Pursuant to recommendation of the Public Works Director, upon a motion by Councilman Rucker, all bids for the construction of drainage facilities for 42nd Street were rejected as being unbalanced. Mr. Jim Wattenbarger addressed the Council stating that he believes the bids are fair and the property owners in the area are concerned about the action taken to reject the bids. He stated that if the City wants to construct the drainage facilities separately, that will meet with the approval of the property owners, but they would like to be permitted to construct their own curbs and gutters. This delay in awarding the bid is causing a problem, as the present street is very dusty, he has been watering it, and there will be considerable mud if the rainy season commences and this area has not been improved. Mr. Jing suggested that the bids be requested for two separate projects, one for the street work and one for the sewer facilities. This would result in a two week delay. If the property Bakersfield, California, August 31, 1970 - Page 8 owners construct their own curb and gutters, it would affect grading work, and therefore, it is not recommended that this done. Upon a motion by Councilman Rucker, all bids for the construction of Paving Median Islands and Irrigation System on New Stine Road were rejected as being excessive. Adoption of Ordinance No. 1883 New Series of the Council of the City of Bakersfield amending provisions for holidays and annual vacation leave contained in the Municipal Code. Upon a motion by Councilman Whittemore, Ordinance No. the be Upon of the Council assessments of Ayes: Noes: Absent: provisions for holidays and annual vacation leave contained in the Municipal Code, was adopted by the following vote: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whirremote None Councilman Bleecker Adoption of Resolution No. 58-70 of the Council of the City of Bakers- field directing that the unpaid assessments of less than Fifty Dollars ($50.00) for the work conducted pur- suant to Public Improvement District No. 839, be collected upon the tax roll of the City. Noes: Absent: to present late claim - Diane Giggy rs. City of Bakersfield, denied. ducted pursuant to Public upon the tax roll of the City, Ayes: Councilmen None Councilman Bleecker Denial of application for Leave to present a late claim - Diane Giggy rs. City of Bakersfield. Upon a motion by Councilman Heisey, application for leave was was adopted by the Heisey, Rees, Rucker, Stiern, Whittemore Improvement District No. 839 be collected following vote: Vetter, Claim for damages from Mr. & Mrs. William Nutt, et al, was referred to the City Attorney. Upon a motion by Councilman Rucker, claim for damages frn.m Mr. & Mrs. William Nutt, et al, was referred to the City Attorney. a motion by Councilman Rucker, Resolution No. 58-70 of the City of Bakersfield directing that the unpaid less than Fifty Dollars ($50.00) for the work con- 1883 New Series of the Council of the City of Bakersfield amending Bakersfield, California, August 31, 1970 - Page 9 ~ Request ~rom Elmer Martin for annexation o£ property between Stockdale Highway, Elcia Drive, Williamson Way and Real Road, referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Rees, request from Elmer Martin, realtor, for annexation of three acres located between Stockdale Highway on the north, Elcia Drive on the south, William- son Way on the west, and Real Road on the east was referred to the Planning Commission ~or study and recommendation. Acceptance of payment of the 1969-70 allocation to the City of Bakersfield from the California Peace Officers Training Fund. Upon a motion by Councilman Rucker, payment of $21,354.90 representing a reimbursement to the City for salary and expenses of the officers who participated in the P.O.S.T. Program conducted by the State Commission on Peace Officers Standards and Training, was accepted. County Auditor-Controller authorized to levy delinquent Weed Abatement Assessments as part of the 1970-71 Secured Tax Roll. Upon a motion by Councilman Rees, the County Auditor- Controller was authorized to levy delinquent Weed Abatement Assess- ments as part of the 1970-71 Secured Tax Roll. Upon Controller was Assessments as Upon of County Auditor-Controller authorized to levy delinquent Building Demolition Assessments as part of the 1970-71 Secured Tax Roll. a motion by Councilman Heisey, the County Auditor- authorized to levy delinquent Building Demolition part of the 1970-71 Secured Tax Roll. Adoption of Resolution No. 59-70 of Intention o£ the Council of the City of Bakersfield to approved an amend- ment to Contract between the Board of Administration of the Public Employees' Retirement System and the City of Bakersfield. a motion by Councilman Rucker, Resolution No. 59-70 Intention of the Council of the City of Bakersfield to approve Bakersfield, California, August 31, 1970 - Page 10 an amendment to Contract between the Board of Administration of the Public Employees' Retirement System and the City of Bakersfield, was adopted by the following vote: Councilmen Heisey, Rees, Rucker, Whittemore Ayes: Noes: Absent: Stiern, Vetter, None Councilman Bleecker Approval of Plans and Specifications and Finance Director authorized to advertise for bids for the Modification of the Traffic Signal and Highway Light- ing System at the intersection of Union Avenue and 42nd Street (West Columbus). Upon a motion by Councilman Vetter, plans and specifi- cations were approved and the Finance Director was authorized to advertise for bids for the Modification of the Traffic Signal and Highway Lighting System at the intersection of Union Avenue and 42nd Street (West Columbus). Acceptance of Work and Mayor authorized to execute Notice of Completion for Contract No. 34-70 for Construction of Sanitary Sewer to serve California State College, Bakersfield, and adjacent areas. Upon a motion by Councilman Rees, the Work: was accepted and the Mayor was authorized to execute the Notice of Completion for Contract No. 34-70 for Construction of Sanitary Sewer to serve California State College, Bakersfield, and adjacent areas. Adoption of Resolution No. 60-70 of the Council of the City of Bakersfield requesting the California Highway Commission to widen the Wilson Road Overcrossing at Freeway 99. Upon a motion by Councilman Whirremote, Resolution No. 60-70 of the Council of the City of Bakersfield requesting the California Highway Commission to widen the Wilson Road Overcrossing at Freeway 99, was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Bleecker Bakersfield, California, August 31, 1970 - Page Approval of Contract Change Order No. 1 to Leo V. Jones Construction Company for Contract No. 49-70. Upon a motion by Councilman Heisey, Contract Change Order No. 1 to Leo V. Jones Construction Company for Contract No. 49-70, Grading of 42nd Street between Jewett Avenue and Union Avenue, was approved, and the Mayor was authorized to execute same. Hearings. This is the time set for public hearing before the Council on Resolution of Intention No. 855 of the Council of the City of Bakersfield declaring its intention to order the vacation of a Public Utilities Easement in Lot 12, Tract 3160, City of Bakers- field. This ten foot easement runs between Lois 12 and 13 in Tract 3160, between Hunter Avenue and the alley on the south. Request for vacation was made by the Stockdale Development Corp. This hearing was duly advertised and posted and no written protests were received in the City Clerk's Office. Vice-Mayor Stiern opened the hearing for public partici- pation. No protests or objections being received, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Vetter, Resolution No. 61-70 ordering the vacation of a Public Utilities Easement in Lot 12, Tract 3160, City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Bleecker Adjournment. There being no further business to come before the Council, upon a motion by Councilman Stiern, the meetin adjourned at 9:32 P.M. ng as · f th~ MA% ersfield, Calif. ATTEST: CI'I~'Y ~' ~x-bffi~erk of the Council of the City of Bakersfield~ California ! Bakersfield, California, September 14, 1970 Absent: 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., September 14, 1970. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Clyde Skidmore of the First Southern Baptist Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Councilman Bleecker Minutes of the regular meeting of August 31, 1970 were approved as presented. Report from Police Chief concerning Beach Park. The City Clerk read a report submitted by J. M. Towle, Chief of Police, regarding the recent allegations concerning gross misconduct in Beach Park and the request for Council action for some type of Ordinance to regulate same. He stated that the first item is not true and the second is not needed. He want on to say that, 'First, I think we should recognize that a park, regardless of its location is a place where a citizen can legally loiter with no particular business in mind, regardless of his age or eco- nomic condition, so long as he does not violate existing law. I might add that in my opinion, the laws and ordinances as they now stand, are more than adequate to regulate conduct in the City of Bakersfield, including parks. Secondly, while the majority of persons who frequent Beach Park may be teenagers, I would ask this question, if we prohibit through ordinance their gathering at the park, where then will they go. I submit we should guard against imposing stringent rules on one segment of the community simply because their lawful activities do not measure up to one particular viewpoint. I would emphasize the words "Lawful Activities," as a check of my Department records indicate that problems from a law enforcement standpoint have been steadily declining in the Beach Park area. When a violation of the law occurs, and is reported to the Police Department, the situa- tion is handled exactly as it would be in any other part of the City. As I stated, the crime situation in Beach Park is not a problem to my Department. Bakersfield, California, September 14, 1970 - Page 2 It is my understanding that an Ordinance has been requested which would in effect cause Beach Park to be closed considerably earlier in the evening than other parks in the City. This in my opinion is discriminatory against one particular section of the City, and would be of absolutely no value. While it would certainly lessen the number of people who utilize that park as a highway rest area, the local citizens who frequent that park would merely transfer their activities to another park. I might add that enforcing these closing hours will involve considerably more manpower of my Department than is now expended in the regular patrol of Beach Park. To sum up, an earlier closing of Beach Park would be useless from a law enforcement stand- point. Rules of conduct must be formulated with the views and opinions of the entire community in mind, not those from one particu- lar group. I do not intend for the Bakersfield Police Department to be goaded by one group of citizens into an action which amounts to harass- ment of another group of citizens, simply because the second group does not conform to the first group's viewpoint. It is my considered opinion that the Beach Park area, and the people who frequent that area, are not a problem to the community as a whole, and for that reason, I do not intend to request Council action concerning same.' Upon a motion by Councilman Stiern, report from the Police Chief was received and ordered placed on file. Scheduled Public Statements. Mr. Eugene C. Reid, who resides at 129 Panorama Drive, who stated that he had lived in Bakersfield for the past 30 years~ as a drilling contractor and a businessman and is now retired, addressed the Council, stating that he has made a considerable investment on Oak Street between 21st and 24th Street, across from Beach Park, and is in the process of building a luxury apart- ment on this site. He made a thorough investigation into the area before deciding to make a substantial personal investment~ he has seen nothing out of line at Beach Park, and if he had not been completely satisfied with the conditions in the park, he would not have constructed the apartment at this location. He is very happy with the manner in which the Police Chief is handling the law enforcement in Beach Park. 3 Bakersfield, California, September 14, 1970 - Page 3 Mr. Sam Smizer, operator of Smizer Freight Service, addressed the Council at this time. He stated that he is a sub- stantial taxpayer in the City and reminded the Council that about six months ago an Ordinance was passed which prohibited him from parking his trucks on the street. In order to comply with the Ordinance, he purchased a parking lot off Union Avenue to park his trucks. He alleged that other trucks are parking illegally all over town and are not being required by the Police Department to comply with the Ordinance. He stated that he has informed Council- man Heisey of this and has furnished him a list of the offenders. Councilman Rucker commented that he is concerned about this, that the laws should be applied equally to all citizens, and he asked that something be done to see if the allegations made by Mr. Smizer were factual. Councilman Heisey advised that the charges made to him by Mr. Smizer have been turned over to the City Manager for investigation. Also~ the Mayor has volunteered to look into this, and if there is any basis in fact, steps will be taken to correct any illegal parking of trucks. Correspondence. Mayor Hart commented on a communication received from the Wakayama Sister City Affiliation Committee proposing to pre- fabricate in Japan a genuine teahouse in its entirety, ship it to Bakersfield, and assembly it in an appropriate location as a gift for the benefit of the community. This would require landscaping a site as an authentic Japanese Garden, and maintenance of the location selected. Councilman Stiern remarked that he is interested in this gift from Japan, but it occurs to him that if such a gift is made to Bakersfield, it might be appropriate for the Council to think of something by which it could reciprocate. Mayor Hart commented that the figure mentioned in the cost of the construction of the teahouse was in the neighborhood of $25,000 to $30,000. He stated that he will discuss this matter in detail with the Sister-City Group and report back to the Council after he has explored the matter with the Sister-City Committee in Bakersfield. Bakersfield, California, September 14, 1970 - Page 4 A notice was received advising that the next meeting of the South San Joaquin Division of the League of California Cities will be held in Visalia on Friday, September 18, 1970. The guest speaker will be Mr. William Donaldson, City Manager of Scottsdale, Arizona. A communication was received from the East Bakersfield Progressive Club and the International Village Merchants Associa- tion of East Bakers£ield unanimously commending Councilman Walter F. Heisey for his never-tiring devotion and his constant concern £or East Bakersfield. He has given many hours of his time and energy helping and encouraging the merchants in International Village to keep this area and his encouragement helped bring about the name International Village~ and was also instrumental in helping to get the International Flags flying on Baker Street. Councilman Heisey was the driving ~orce working with the officials of the Southern Pacific Railroad and the City o~ Bakersfield in working out the details for the park that will be built parallel to the railroad and Jackson Street at the Baker Street crossing, and he has been a dominate ~igure in helping beautify Truxtun Avenue and in cleaning up Baker Street and the surrounding area. Councilman Stiern moved that the letter be received and placed on file and that a copy of it be framed and given to Councilman Heisey for display to his grandchildren. This motion carried unanimously. Upon a motion by Councilman Rees, request from Marinello- Comer Beauty School of Bakers£ield for a City paid parking lot to be installed in the area of the school, was re~erred to the Business Development and Parking Committee. Council Statements. Councilman Vetter asked the City Manager if a survey has been made of the use o~ the outlying parking lots since the parking meters were removed. Mr. Bergen replied that he did not think one had been made, since the meters were removed only about six months ago. Councilman Vetter commented that he would think if the lots Bakersfield, California, September 14, 1970 - Page 5 are not being utilized, they should be sold, and additional lots purchased in areas where they will be used by the public. Mr. Bergen stated they will make a study and come back to the Council in several months. Councilman Heisey stated there were many conflicting rumors being circulated regarding downtown redevelopment and he asked the City Manager to bring the Council up to date as to the current status of the matter. Mr. Bergen stated the staff has talked to the City's Consultant and asked whether he has received any additional infor- mation from either fhe Bank of America or HUD, and were told nothing definite has developed. A status report can be made to the Council, however, he does not anticipate any definite infor- mation for at least thirty or sixty days. Several meetings have been held with HUD representatives, at which time they have asked for additional information for supplementing the City's S & P Application. Everyone has possibly heard the same rumors relative to the Bank of America building, but the only thing he knows for certain is that the building has been removed and they are planning to fence the site. As far as the construction and type of building is concerned, nothing definite is known at this time. Councilman Vetter stated there has been talk of the possibility of a parking strucfure adjacent to the Bank of America. If this is being considered, the City should have some facfs and figures worked up as to the exact use of the parking lots in the whole City, and specifically in that area. Mr. Bergen replied that the reason for not going ahead with any plans is that they have been assured by the developers that when they go ahead with the plans for the Bank of America building, the City will have sufficient time to make any necessary studies for a parking structure, as the final design on the major building will control the amount of parking needed. No studies or reports have been made because it would seem to be premature without any definite commitment from the developers of the Bank of America building. Bakersfield, California, September 14, 1970 - Page 6 Councilman Stiern commented on the tragic hotel fire in Los Angeles over the week end. He stated that undoubtedly an investigation will be made by the Los Angeles Fire Department into the cause of this fire and recommendations made as to what can be done to prevent this type of fire happening in the future. He is concerned about the safety of the citizens of Bakersfield, and even though the City does have what is considered a modern and up-to-date Fire Ordinance regulating hotels and apartment houses, he wondered if the Ordinances are complete enough to control and prevent a disastrous fire. It is the responsibility of the Council to keep alert and concern itself with public safety and prevent the type of thing that has happened in Los Angeles, and he moved that the City Manager instruct the Fire Chief to obtain reports of the investigation made of this fire, together with any recommendations for means of future prevention, and that these reports be submitted to the City Administration and to the legal staff of the City, with an eye toward improving existing Fire Ordinances in the City of carried unanimously. Bakersfield where necessary. This motion Reports. Councilman Whittemore, Chairman of the Governmental Efficiency and Personnel Committee, submitted a minority report on the Modernization of the Fire Alarm Bureau. On May 5, 1969, the Governmental Efficiency and Personnel Committee, made a report to the City Council recommending changing the Fire Alarm System from Class B to Class A. This change required the employment of four additional Firefighters; one to replace the Fire Alarm position which was vacated earlier that year; the additional Firefighters were to assist in the operation of the Fire Alarm System. It was stated that Firefighters would be phased in as the Fire Alarm Operator's positions became vacant. Also, that no Alarm Operators would be laid off at that time. The intent of this recommendation was to replace the women Fire Alarm Operators through attrition; that is, as they retired or left the Bakersfield, California, September 14, 1970 - Page department. It was subsequently reported to the Committee that the Chief Engineer of the Fire Department had assured the women operators that this would be the procedure, however, before this was reported to the Committee, it had recommended to the Council in June, 1970, that the termination date of January l, 1971 be established. The Committee has held numerous meetings with the Manager, the Chief, women operators and employee groups since the June re- port, in an attempt to determine the proper corrective measures to recommend to the City Council. As Chairman of the Governmental Efficiency and Personnel Committee, I sent a questionnaire to 28 Fire Departments through- out the state, and learned that in each City and the County of Kern where women are employed and are being replaced, it is being done through attrition. This is the method which should be used in Bakersfield. Chief Paddock has stated the women Alarm Operators are proficient in their duties and this is attested to by the Fire.- fighters. The other Fire Departments in the survey made had indi- cated the same by replacing their women operators only through attrition. As Committee, I made and the Chairman of the Governmental Efficiency and Personnel am convinced through facts contained in the survey information gained in the Committee's investigation, the Council should rescind its action of June 8, 1970 terminating the women Alarm Operators as of January 1, 1971, and instead, replace them through the attrition process. To do otherwise would be discriminatory against these women employees because of sex. Councilman Whittemore stated that he would so move. Mayor Hart asked Councilman Whittemore to withdraw his motion and that the matter be tabled until such time as Councilman Bleecker will be present at the Council meeting and participate in Council discussion and action, inasmuch as he was most concerned that this information be prepared and submitted to the Council. Bakersfield, California, September 14, 1970 - Page 8 Councilman Whittemore stated that the reason for making the report and moving that it be adopted, is because this matter has been bandied around since the Council's June Budget Session and he feels a decision should be made tonight, so that the Fire Alarm Operators will know where they stand. He refused to with- draw his motion. Councilman Vetter presented a majority report of the Governmental Efficiency and Personnel Committee, signed by him- self and Councilman Heisey, on the Modernization of the Fire Alarm Bureau. On June 8 and 9 of this year, the Bakersfield City Council conducted public hearings and set the budget for the 1970-71 Fiscal Year. At that time, the Fire Chief's recommendation that the Fire Alarm Office be staffed entirely by Firemen was approved. The Fire Chief has assured the Committee that the Firefighters will be as efficient as the Fire Alarm Operators and save the City approxi- mately $7,000 a year at the same time. Firemen are available and are capable of answering tele- phones and performing all of the duties of the Fire Alarm Bureau in a competent manner. Continued existence of separate Fire Alarm Operator positions is unjusttried and is tantamount to feather- bedding. In its report to the Council dated May 5, 1970, the Committee stated that it would like to point out that no Fire Alarm Operators will be laid off at this time. Nowhere in the report was the word "attrition" used to describe or suggest the method by which Firefighters would be phased-in in the place of the Fire Alarm Operators. The Fire Department's budget request for the 1970-71 Fiscal Year contained a recommendation that the three Fire Alarm Operators and one Fire Alarm Operator Supervisor positions be phased out effective January 1, 1971, and that two additional Firefighter positions be authorized in their place. The City Manager concurred with this recommendation which subsequently was approved by the City Council this June, so that the Fire Alarm Bureau may be more efficiently utilized in terms of firefighting strength both on duty and off duty, as well as for eliminating deficiency points as they relate to the City's rating. The Fire Bakersfield, California, September 14, 1970 - Page 9 Chief has assured this Committee the Fire Alarm function will be as competent as Operators, and that there will be no problem in sufficient number of Firefighters are qualified duties by January 1, 1971. that the men who will be perform~ng the Fire Alarm seeing thai a to assume these The majority of the Governmental Efficiency and Personnel Committee continues to support the recommendation from the Fire Chief to complete the modernization of the Fire Alarm Bureau by using Firefighters instead of Fire Alarm Operators. Meetings have been held by the Administration with the Bakersfield City Employee.s' Association~ the Bakers£ield Firefighters' Association, Local 844, and the affected employees, to discuss the reasons and methods by which this conversion will be implemented. We feel the primary decisions arrived at in May 1969, and June, 1970, by this Council should remain in effect. On June 24, 1970, the Governmental Efficiency and Per- sonnel Committee met with the Fire Alarm Operator Supervisor and three Fire Alarm Operators to discuss the phasing out of their jobs as of January 1, 1971, and have assured them that the City Council will urge the Civil Service Boards to work with the Administration in order to help these employees find suitable employment in other departments. This Committee also met on July 13, August 31, and September 11, 1970, to further evaluate the appeal from the four members of the Fire Alarm Bureau. The Fire Chief has assured this Committee that no in- experienced personnel will be assigned to the Fire Alarm Bureau without also assigning a fully qualified Fireman to supervise and train such employees, and that the level of competency in the Fire Alarm Bureau will be maintained at its present level. In conclusion, the Committee has thoroughly examined the alternatives available to the City and has taken into con- sideration the requirements of the department and the efficient Bakersfield, California, September 14, 1970 - Page l0 utilization of manpower, and have not been able to find sufficienl cause to justify recommending that the City Council not follow the recommendations of the Fire Chief. It is recommended as follows: That the City Council reaffirm the position it has taken on May 5, 1969, and during the budget hearings this June regarding the employees in the Fire Alarm Bureau. That every effort be taken by the Miscellan- eous and Police Civil Service Boards to certify these City employees to appropriate eligibility lists for which they may qualify. That this Committee feels strongly that no employee transferring to a lower paying position in the face of having his position eliminated should receive a salary reduction. Therefore, the Salary Ordinance should be amended in this instance to protect such an employee from receiving a salary reduction. That the Retirement Ordinance for the Fire Department be amended to permit employees with contributions of $500 or more, to leave said contributions in the Bakersfield Fire Department's Retirement Program. This change would standardize this particular facet of the City Retirements Programs for all City employees in permanent positions. Any employee transferring from the Fire Department will be placed in an appropriate category of the Public Employee's Retirement System. Councilman Vetter commented that there has been a great deal of controversy on this particular recommendation, and he would like to say that it seems this personnel matter has been poorly handled. It should have been discussed prior to budget recommendations and reviewed with the individuals involved so that they were aware that the jobs were to be eliminated as of January 1, 1971. However, it does not affect the situation as to whether or not it is a valid argument that the Fire Alarm Bureau can be operated by Firefighters. The Fire Chief has assured the Council that the Fire Alarm Bureau will be operated as efficiently as it was in the past, that the employees involved will be offered employment within the City, and that they will suffer no salary reduction. This is a modification of the original report submitted at the budget hearing in June. Bakersfield, California, September 14, 1970 - Page 11 Councilman Rees commented that it was inferred that the Fire Alarm Operators will be given every opportunity to shift into another department of the City. He asked if they will be given preference in competing with outsiders for other positions in the City. Mr. Bergen replied "yes" to Councilman Rees' question, stating they would be considered as being transferred or re-employed. However, they will be required to be generally competent and have the ability to handle the position to which she is transferring. He is sure the other Civil Service Commissions will cooperate with the City and qualify the Fire Alarm Operators to a position as long as she can do the work required for the particular position she is transferring to. Councilman Stiern commented that he agrees with Mayor Hart that this particular issue should be settled by the entire Council and not by some hasty action which would involve the Mayor breaking a tie vote. He can see no reason to vote on it tonight, he feels it would be more sensible to wait for the return of Councilman Bleecker. He therefore offered a substitute motion that the subject be tabled until such time as a full Council is present to vote on the issue. This motion carried by the foliowing roll call vote: Ayes: Councilmen Heisey, Rucker, Stiern, Vetter, Noes: Councilmen Rees, Whittemore Absent: Councilman Bleecker A brief recess was declared at this time. Allowance of Claims. Upon a motion by Councilman Rucker, Vouchers Nos. 703 to 820 inclusive, in amount of $98,470.07, as audited by the Voucher Approval Committee were allowed, and authorization was granted for payment of same. 12 Bakersfield, California, September 14, 1970 - Page 12 Upon a motion by Councilman Rucker, transfer of funds in amount of $8,600.00 from Fund No. 11- Activity Nos. 616 and 715, to Fund No. 11- Activity No. 660, was approved, due to responsibility for a portion of the maintenance of City Hall and the Civic Auditorium having been transferred from the Auditorium- Recreation Department to the Public Works Plant Maintenance Division. This budget adjustment is necessary in order to transfer the previously budgeted funds from the Auditorium-Recreation Department to the Public Works Department. Councilman Heisey, Chairman of the Water and City Growth Committee, reported that this Committee has submitted an argument to the City Clerk this date for the November 3rd, ballot measure regarding the Municipal Transit System. Councilman Stiern commented that in writing this argu- ment, the Committee has tried to concern itself with the facts and merits of the case and has tried to take a position of infor- mation rather than partisanship on the subject, so that the tax- payers can consider the facts. After discussion, upon a motion by Councilman Heisey, the report was received. Action on Bids. Pursuant to recommendation of the Public Works Director, upon a motion by Councilman Vetter, low bid of Ray Anderson for the construction of Storm Drain in 42nd Street and Chester Avenue was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Pursuant to recommendation of the Public Works Director, upon a motion by Councilman Heisey, low bid of Irv Guinn Construc- tion for construction of Curb and Gutter for 42nd Street between Chester Avenue and Union Avenue was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Bakersfield, C~lifornia, September 14, 1970 - Page 13 Upon a motion by Councilman Stiern, bid of Davies Machinery Company for two - 1½ cubic yard Loaders was accepted, this being the only bid received. Upon a motion by Councilman Rucker, low bid of Dicco, Inc. for improvement of Lakeview Avenue from Brundage Lane to Southern Pacific Railroad, Asphalto Branch, was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Adoption of Emergency Ordinance No. 1884 New Series of the City of Bakers- field amending Section 11.04.763 of the Municipal Code establishing a Speed Limit on Auburn Street. Upon a motion by Councilman Rees, Emergency Ordinance No. 1884 New Series of the City of Bakersfield amending Section 11.04.763 of the Municipal Code establishing a Speed Limit on Auburn Street, was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: Councilman Bleecker Councilman Rees commented that the signal lights at Auburn and Oswell Streets were not presently functioning and asked when they would be in operation. Director of Public Works Jing replied that it was hoped this would be done within the next ten days, as it was a matter of moving power lines by the P.G. & E. so that the luminaries can be installed. Adoption of Resolution of Intention No. 859 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of the alley in Tract No. 1001, City of Bakersfield. Upon a motion by Councilman Rucker, Resolution of In- tention No. 859 of the Council of the City of Bakersfield, Califor- nia, declaring its intention to order the vacation of the alley in Tract No. 1001, City of Bakersfield, and fixing date of October 5, 1970, for hearing before the Council, was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Bleecker 14 Bakersfield, California, September 14, 1970 - Page 14 P0 Day Leave of Absence Without Pay granted Robert Thomas, Automotive Serviceman for Transit Division. Upon a motion by Councilman Heisey, a 90 Day Leave of Absence With.out Pay was granted Robert Thomas, Automotive Service- man for Transit Division. Extension of Time granted Reedmarc Corporation for completion of Con- tract No. 73-69 for construction of Sewers in Bakersfield under HUD Project No. WS-6-05-0301. Upon a motion by Councilman Whittemore, 132 Calendar Day Extension of Time was granted Reedmarc Corporation for com- pletion of Contract No. 73-69 for construction of Sewers in Southwest Bakersfield under HUD Project No. WS-6-05-0301. Acceptance of Work and Mayor authorized to execute Notice of Completion for Contract No. 62-70 for construction of' Stockdale Estates Interceptor Sewer. Upon a motion by Councilman Stiern, the Work was accepted and the Mayor was authorized to execute Notice of Completion for Contract No. 62-70 for construction of Stockdale Estates Inter- ceptor Sewer. Acceptance of Work and Mayor authorized to execute Notice of Completion for the Improvement of Auburn Street between Oswell Street and 400' east of Eissler Street. After Council discussion, upon a motion by Councilman Rees, the Work was accepted and the Mayor was authorized to execute the Notice of Completion for the improvement of Auburn Street between Oswell Street and 400' east of Eissler Street. Approval of Plans and Specifications and Finance Department authorized to advertise for bids for Street Improve- ment and Traffic Signal Modifications on Ming Avenue between South "H" Street and South Chester Avenue. Upon a motion by Councilman Vetter, plans and specifi- cartons for Street Improvement and Traffic Signal Modification on Ming Avenue between South "H" Street and South Chester Avenue were approved and the Finance Department was authorized to advertise for bids. Bakersfield, California, September 14, 1970 - Page 15 Hearings. This is the time set for public hearing before the Council on request to increase taxicab rates in the City of Bakers:- field. This hearing has been duly advertised. It is proposed that the rates or fares charged the public shall be as follows: Fifty cents for the first ~ mile or flag drop. 50~ per mile traveled thereafter. Six dollars per hour waiting time. $1.50 minimum charge whenever passengers with more than three parcels are involved in a ride. The City Clerk read a communication from Mrs. S. E. Regan, 1116 Townsley Avenue~ expressing dissatisfaction with the service and the condition of the taxicabs, and protesting any increase in taxi fares. Mayor Hart declared the meeting open for public partici- pation. Kenneth Young, President of the American Hotel Corporation, 710 Jackson Street, addressed the Council, expressing opposition to the proposed increase in fares, stating that if the bus system is abandoned and taxicab fares are increased, a virtual transportation monoply would exist in Bakersfield. He recommended that the taxi- cab business be released under a free enterprise system to permit completion to regulate it for the benefit of the public. Mr. Phil Bradford, representing City Cab Company of Bakersfield and speaking on behalf of all City taxi companies, addressed the Council stating that the rate increase was requested because of increased operating costs and the difficulty he had in recruiting cab drivers to work for the wages they are currently paying. This increase will permit him to put more vehicles on the street and attract cab drivers. He commented on the condition of the in Bakersfield in response to criticism voiced Whittemore at the last meeting, replace his in service, vehicles being driven by Councilman stating that it is his policy to cabs every three years and the last year the cab is it is normally used as a stand-by car. Mr. Bergen 16 Bakersfield, California, September 14, 1970 - Page 16 advised that the Police Department has made a quarterly inspection of the cabs and reported that all of the taxicabs checked were late model vehicles, in good condition and of good appearance, except for Courtesy Cab Company and Ace Cabs, whose appearance was not good; however, they were clean and mechanically safe. Although a complete audit of the taxicab company's books was not made, based on a financial analysis of records submitted by the City Cab Company, Finance Director D. L. Haynes submitted a report indicating that a fare increase would be justified. This financial statement was requested by Councilman Vetter at a previous meeting. Councilman Rucker expressed his concern about the possibility of a transportation monoply existing in the City if the City Transit System is voted out, although he agreed that a taxicab increase was justified. Mayor Hart closed the public hearing for Council deli- beration and action. After discussion, upon a motion by Council- man Stiern, Ordinance No. 1885 New Series of the Council of the City of Bakersfield amending Section 7.52.190 "Rates and Fares" of the Municipal Code of the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Whirremote Noes: Councilman Vetter Absent: Councilman Bleecker This Ordinance will become effective in 30 days. This is the time set for public hearing before the Council on Resolution of Intention No. 856 of the Council of the City of Bakersfield declaring its intention to order the vacation of a Public Utilities Easement along Lots 1 through 19 inclusive, Tract No. 3250, City of Bakersfield. advertised and posted and no written City Clerk's Office. This hearing has been duly protests were filed in the Request for vacation was made by B. L. Dickenson. Easement is located on the north side of Panorama Drive between Boise Street and Crescent Drive. Bakersfield, California, September 14, 1970 - Page 17 Ayes: Mayor Hart declared the hearing open for public partici.- patton. No protests or objections being received, and no one speaking in favor, the public hearing was closed for Council deli-- beration and action. Upon a motion by Councilman Rees, Resolution No. 62-70 ordering the vacation of a Public Utilities Easement along Lots 1 through 19 inclusive, Tract No. 3250, City of Bakers-. field, was adopted by the following vote: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Noes: Absent: None Council on Resolution of Councilman Bleecker This is the time set for public hearing before the Intention No. 857 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of alley in Block 222, Godey Tract, City of Bakers- field. This area has been duly posted and no written protests were filed in the City Clerk's Office. Request for vacation was made by the Coca-Cola Bottling Corporation of Bakersfield. Alley is located between 19th and 20th Street running west from V Street. The Mayor declared the hearing open for public partici- pation. After discussion, upon a motion by Councilman Heisey, the hearing was continued for one week for further investigation. This is the time set for public hearing before the Council on Resolution of Intention No. 858 of the Council of the City of Bakersfield declaring its intention to order the abandon- ment of a portion of "O" Street between Lot 1 of Block 349 and Lot 4 of Block 348, City of Bakersfield. This area has been duly posted and no written protests were filed in the City Clerk's Office. Request for vacation was made by W. A. Thompson, Inc. The area is located between 14th Street and the A. T. & S. F. Railroad Tracks. Bakersfield, California, September 14, 1970 - Page 18 Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, and no one speaking in favor, the public hearing was closed for Council deliberation and action. Councilman Whittemore expressed concern about closing the street when this property might be needed for future develop- ment of a parking lot for the Civic Auditorium, as this area lies directly south of the Auditorium. After additional Council discussion, upon a motion by Councilman Heisey, the hearing was continued, and the matter was referred to the Civic Auditorium Advisory Committee for study and recommendation back to the Council. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Rucker, the meeting was adjourned at 10:15 P.M. ersfleld, Calif. ATTEST: C ~ ' the Council of the City of Bakersfield, California Bakersfield, California, September 21, 1970 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., September 21, 1970. to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Ken Scovill of the Valley Christian Church. The City Clerk called the roll as follows: Mayor Hart. Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Councilman Bleecker Present: Absent: Minutes of the regular meeting were approved as presented. Correspondence. The City Clerk read an invitation of September 14, 1970 to the Council from the American Legion, Bakersfield Post No. 26, to participate in the Annual Veterans Day Celebration and Parade on Wednesday, November 11, 1970. Councilman Heisey urged the Council to par- ticipate as a group and support this organization. Council Statements. Councilman Rees stated that the community has lost a good citizen, that he had known him by name and reputation for a quarter of a century and since he was a constituent Heisey's Ward, he asked Councilman Heisey to present Resolution: in Councilman the following A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD IN MEMORIAM TO CLYDE MALLACHOWITZ. WHEREAS, Clyde E. Mallachowitz served the railroad industry with loyalty and competence for half a century, and WHEREAS, Clyde Mallachowitz was beloved and respected by his fellowmen in the several civic and fraternal organizations to which he belonged, and WHEREAS, Clyde Mallachowitz was widely known in and around the City of Bakersfield as an alert critic and an able commentator on events and persons in the community scene, and 20 Bakersfield, California, September 21, 1970 Page 2 WHEREAS, his attendance at and participation in meetings of the Bakersfield City Council were so regular as to cause him to be referred to as "Honorary Councilman"~ and WHEREAS, however severe his criticisms and stinging his rebukes, no adversary could fail to admit that his motives were constructive and intended to be in the best interests of the City and community in which he lived, and WHEREAS, death took Clyde E. 16~ 1970. Mallachowitz on September NOW~ THEREFORE, the City Council of the City of Bakers- field by this resolution does hereby express its sincere sympathy to the family and friends of Clyde E. Mallachowitz at this time o£ personal and public loss and bereavement. Councilman Heisey moved adoption of the Resolution~ which motion carried by the following roll call vote: Ayes: Councilmen Heisey, Rees~ Rucker~ Stiern, Vetter~ Whittemore Noes: None Absent: Councilman Bleecker Councilman Rucker stated that the businessmen in the area are being greatly inconvenienced by the paving and improving of East California Avenue from King Street to Williams Street, and asked if something couldn't be done to speed up this work. Director of Public Works Jing stated that the contractor will commence paving this week and the work should be completed at an early date. Councilman Vetter pointed out that last week he had voted against the Ordinance to increase taxicab fares in the City and it was not adopted unanimously, as reported in the Bakersfield Californian last Tuesday. He asked Mr. Bergen to request the Traffic Authority to resurvey the Real Road area between Ming and Wilson Road. Recently the Council adopted an Ordinance establishing a 40 mile an hour speed limit there and people living in that particular area are opposed to this speed limit as the large amount of traffic from the new K-Mart Store is dangerous to the residential portion of the area. Bakersfield, California, September 21, 1970 - Page 3 Councilman Stiern commented on an article which appeared in a recent issue of the Oildale News which he believes has grave significance for Kern County taxpayers and citizens. The writer indicates that there appears to be some kind of collusion between the Kern County Employees Association and a certain member of the Board of Supervisors, which doesn't sound like a wholesome kind of alliance. Another charge or innuendo by the writer, stated that there is something to be considered about the granting of the Buena Vista Aquatic project contract, which was opposed by the Kern County Public Works Director. Councilman Stiern stated that it might be well for the editor to make some clarification of these statements before the Kern County Grand Jury. Reports. City Manager Bergen read a report from J. M. Towle, Chief of Police, on the subject of Complaint of Discriminatory Enforce- ment of Truck Parking Ordinance, as follows: During the Council meeting of September 14, 1970, it was alleged by a certain local trucking company owner that the Police Department is discriminatory against him in its enforcement of the truck route ordinances, and in particular, in the enforcement of parking of trucks off the truck routes. This individual indicated that the Police Department did not issue citations to any other truckers for this violation, but only to his company. A survey of citations issued for driving and parking violations of trucks off the truck routes was run from January 1, 1970 through this date. It was found that during this period a total of 49 citations for trucks being off the truck routes were issued, 7 of which are for driving off the truck route and the rest for parking off the truck route. All but 9 of these citations have been written in spearate locations. Of these nine, four were written in the 4000 Block of Columbus Avenue, three in the 2500 Block of Columbus Avenue, and two in the 1000 Block of Stockton Street. The registration of the trucks written on which regis- tration was available to the officer at the time the citation was written, showed that there are at least 28 different trucking companies cited - some local, some out of town. Nineteen of the trucks cited did not have registration available at the time the citation was issued. Therefore, it would appear that the person who made this complaint is either untruthful, or did not bother to check on the facts before making such complaint. Bakersfield~ California~ September 21, 1970 - Page 4 We certainly do not intend to indicate here that every truck which committed a violation of driving or parking of£ the truck route was cited, but from the above in£ormation it is indicated that all such violations coming to our attention were cited without regard to any one trucking company. This report is being submitted for your infor- mation in answer to the charges of discriminatory enforcement by this Department. Councilman Heisey suggested thai a copy o£ this report be mailed to the person making the complaint to the Council at the meeting of September 14~ 1970 and Councilman Stiern requested that copies be mailed to members of the Council and the Mayor. Allowance of Claims. Upon a motion by Councilman Rucker, Vouchers Nos. 821 to 985 inclusive, in amount of $114,360.31, as audited by the Voucher Approval Committee, were allowed, and authorization was granted for payment of same. Action on Bids. After discussion~ action was deferred for one week on award of bid for one ton truck with Aerial Lift for the Fire Department. After discussion, upon a motion by Councilman Heisey, low bid of Ray Gaskin for semi-trailer with open lop rubbish container was accepted and all other bids were rejected. Upon a motion by Councilman Rucker, low bid of Jensen International, Inc. for Three Axle Truck Tractor was accepled, and all other bids were rejected. Upon a motion by Councilman Rees, bid of Jensen national, Inc. for two - 100" Wheel Base Pickup Trucks was this being the only bid received. Upon a motion by Councilman Rucker, low bid of Three- Way Chevrolet Company for 3 - ½ Ton Pickup Trucks was accepted and all other bids were rejected. Inter- accepted, Bakersfield, California, September 21, 1970 - Page 5 Request from Stockdale Development Corporation to annex portions of Section 34 and Sections 4 and 9, referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Whittemore, request from Stockdale Development Corporation to annex portions of Section T. 29 S., R. 27 E., M. D. M., and Sections 4 and 9, T. 30 S., R. 27 E., M.D. M., was referred to the Planning Commission for study and recommendation. Acceptance of Grant of Easement from Stockdale Development Corporation, Herman and June Pitts, James and Doreen Boylan. Upon a motion by Councilman Rucker, Grant of Easement for public utilities purposes located between Lots 11 and 12, Tract 3106, from Stockdale Development Corporation, Herman and June Pitts, and James and Doreen Boylan, was accepted. Approval of Plans and Specifications, and Finance Director authorized to advertise for bids for construction of fence around sump in new park adjacent to West High School. Upon a motion by Councilman Vetter, plans and specifi- cations were approved and the Finance Director was authorized to advertise for bids for construction of a fence around the sump in new park adjacent to West High School. Encroachment Permit granted the Houchin Community Blood Bank. Upon a motion by Councilman Heisey, an Encroachment Permit was granted Houchin Community Blood Bank to construct a drainage dry well in existing landscaped area between the side- walk and property line at 2601 "G" Street. Hearings. This is the time set for continued public hearing before the Council on Resolution of Intention No. 857 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of alley in Block 222, Godey Tract, City of Bakers- field. Bakersfield, California, September 21, 1970 Page 6 This area has been duly posted and no written protests were filed in the City Clerk's Office. Request for vacation was made by the Coca-Cola Bottling Corporation of Bakersfield. Alley is located between 19th and 20th Streets, running west from "V" Street. Hearing was continued from last meeting for further investigation. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received and no one speaking in favor, the Mayor closed the public hearing for Council deliberation and action. Councilman Heisey stated he had asked that this hearing be continued for one week to ascertain whether the vacation would require the moving of a historical landmark dedicated to pioneer Alex Godey. He has found that it would not in any way endanger the monument, and made a motion that Resolu- tion No. 63-70 ordering the vacation of the Alley in Block 222, Godey Tract, City. of Bakersfield, be adopted. This motion carried by the following roll call vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: Councilman Bleecker This is the time set for public hearing before the Council on the initiated action by the Planning Commission to amend the Zoning Boundaries from a C-2-D (Commercial - Architectural Design) Zone to an R-1 (Single Family Dwelling) or more restrictive, Zone, affecting property located westerly of Elm Street and south- westerly of Golden State Highway. ~ This hearing has been duly advertised and posted and no written protests were filed in the City Clerk's Office. The Planning Commission has recommended this C-2-D property be rezoned to R-1 (Single Family Dwelling) as it is being developed as an "own-your-own" apartment subdivision developed to R-1 density. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received and no one speaking in favor, the Mayor closed the public hearing for Council deliberation and action. 25 Bakersfield, California, September 21, 1970 - Page 7 Planning Director Sceales explained that the original recommendation for the zoning had been made by the Planning Staff:. but the recommendation to the Council for the change in zoning was being made by the Planning Commission. He stated that the developer is in accord with the change in zone, as he wishes to develop this property to an R-1 density and all the site development plans for the apartments, the plot plan, elevation, etc. have been approved. Upon a motion by Councilman Vetter, Ordinance No. 1886 New Series amending Title Seventeen of the Municipal Code affecting that westerly of Golden State vote: Ayes: Councilmen Heisey, Rees, Whittemore Noes: Absent: certain property located westerly of Elm Street Highway, was adopted by the Council, adjourned at and south- following Rucker, Stiern, Vetter, None Councilman Bleecker Adjournment. There being no further business upon a motion 8:50 P.M. to come before the by Councilman Stiern, the meeting was ~rsfield, Calif. ATTEST: C ~ an rk of the Council of the City of Bakersfield, California Bakersfield, California, September 28, 1970 Present: Absent: 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., September 28, 1970. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Richard A. Carson of the Bethany United Methodist Church. The City Clerk called the roll as follows: Mayor Hart. Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore None Minutes of the regular meeting of September 21, approved as presented. were 1970 Mayor Hart declared a brief recess for the purpose of discussing proposed litigation and the Council and staff went into an executive session in the Caucus Room. The Council being thoroughly briefed on the current water situation, upon a motion by Councilman Heisey, Resolution No. 68-70 of the City Council of the City of Bakersfield authori- zing the City Attorney and Special Counsel to being a Civil Action for and on behalf of, and in the name of the City for the adjudi- cation and determination of water rights of the Kern River, declaratory relief, quiet title, injunction and for damages, was adopted by the following roll call vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Noes: Councilman Bleecker Absent: None Upon a motion by Councilman Heisey, Resolution No. 67-70 of the City Council of the City of Bakersfield determining and declaring that the public interest, convenience and necessity of the City of Bakersfield require and demand the acquisition of certain water and water rights in the Kern River, together with the privilege and right of taking the same into possession, to be used by the City for a water supply; and declaring the intention of the City of Bakersfield to acquire said property under eminent domain proceedings, and directing the City Attorney of the City of Bakersfield and Special Counsel to commence an action in the 27 Bakersfield, California, September 28, 1970 - Page 2 Superior Court of the State of California, in and for the County of Kern, for the purpose of acquiring said water and water rights~. together with the privilege and right of taking same into possess~on, was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: Councilman Bleecker Absent: None As a matter of record, Mr. Helm stressed the fact that the cost of the action would be borne jointly on a fifty-fifty basis, by the California Water Service Company and the City of Bakersfield. A representative of the California Water Service Company present at the executive session, corroborated this state- ment. The cost of any action on the condemnation proceedings will be borne entirely by the City. Scheduled Public Statements. Don Hoffman, Executive Secretary of Firefighters Local No. 1301, requested permission to address the Council regarding the Bakersfield Fire Department Civil Service Board vacancy. Mr. Bergen advised that Mr. Hoffman's secretary had notified his office that due to the forest fires in Kern County, Mr. Hoffman would be unable to keep any of his appointments for a period of time. Mr. Harry Hollins of the Kern, Inyo and Mono Counties Central Labor Council, had requested to address the Council re- garding appointments to the Fire Department Civil Service Com- mission, but was unable to be present at the meeting. The City Clerk read a communication which he had filed with her to be read in case of his absence from the meeting. Mr. John Ebert, President of the Central Labor Council signed the communication and stated that the Central Labor Council Executive Board believes it is incumbent and appropriate that a member of the Bakersfield Fire Department Civil Service Commission should be a person from organized labor. He offered the names of Harry H. Hollins, John Ebert and Walter Huber for appointment to fill the vacancy on this Commission. Upon a motion by Councilman Vetter, the letter was received and ordered placed on file. Bakersfield, California, September 28, 1970 - Page 3 Councilman Stiern asked if the qualifications of the three recommended people had been outlined in the letter and was advised thai this had not been done. Mrs. Elwin Fink, President of the College Heights P.T.A., addressed the Council, stating that she was present to remind the Council of its promise of last April to make the Height Street and Sunny Lane intersection a safe place for school children. Some of the children are not tall enough to push the button to change the signal light and do not have the good judgment to wait for a car running through a yellow signal. She thanked the City Police Officer for his help in educating the children the first three days of the school year to cross the intersection. There are approximately 200 children who cross twice a day, and the parents would like to feel that the City cares for these children and their safety. She asked why the pedestrian crossing cannot be installed at this time, and who has jurisdication over the property. Public Works Director Jing stated that at the time the 178 Freeway was being completed, State Engineers indicated that the signal would not be working, so Height Street between Sunny Lane and Mt. Vernon was barricaded and traffic counts were made in July. These traffic counts were given to the City and he had compiled a report from these figures setting out the traffic counts at Height Street and Sunny Lane and also at other compara- tive intersections near elementary schools. He pointed out that the Height Street crossing is under the jurisdiction of the State Division of Highways. Mayor Hart questioned a statistic taken in July being compared to one which would be taken during a school year with additional traffic. He does not find fault with the survey, only the timing of it. He asked why the particular problem at the intersection was not reflected in the report. Mr. Jing pointed out that vehicular traffic would not change in any way, and submitted the pedestrian counts broken down into three periods. Bakersfield, California, September 28, 1970 Page 4 Councilman Whittemore asked Mr. Jing if he had communi- cated with the Division of Highways to see if they were receptive to installing an overcrossing at this intersection. Mr. Jing replied that the Engineers have stated that it would require a study as to whether or not it would the existing overcrossing or should Height Street. be a continuous extension of it be a separate structure at Councilman Whittemore commented that studies can take a lot of time, and in order to expedite it, he suggested that Mr. Jing contact the local representative of the Division of Highways and request that this survey of Highways had been alerted the Council feels about it. be started immediately, as the Division to this some time ago, and knows how Mr. Jing stated they will contact the Fresno office and ask that this study be made. Councilman Heisey advised that he was most discouraged when he talked to Mr. Diffenbach, State Division Engineer, about constructing this overcrossing. He has very little expectation that the State will build it, as they feel that if they build one here, it will be necessary to do the same thing elsewhere. The State will build the overcrossing above freeways, but they do not build them over access roads to the freeway. He suggested that the Traffic Authority be requested to make a study with the idea of reducing the existing 45 miles an hour speed limit on Height Street. Councilman Vetter asked if the College Heights P. T. A. had discussed this matter with the State Engineer. Mrs. Hays of the P. T. A., stated that the Division of Highways had agreed to report their findings to them, but to date nothing has been received, that is the reason it was again brought to the attention of the Council. She stated that since it has been established that the State Division of Highways does have jurisdiction, the problem will be taken up with that agency. Mr. Jing commented that he and Captain Price of the Police Department have checked the speed limit on this street, and the speed limit will be reviewed and possibly reduced. Mr. Van Vorhees, Assistant State Engineer, has indicated that the State 3O Bakersfield, California, September 28, 1970 - Page 5 would look favorably on the erection of an advance warning sign, indicating that there is a signal ahead. Councilman Vetter then moved that the staff convey the concern of the Council to the State Division of Highways regarding the intersection at Height Street and Sunny Lane, and request that some action be taken to insure the sa£ety of this crossing. After discussion, at the suggestion of Mayor Hart, Councilman Vetter included in his motion that the sta££ again call the attention of the Division of Highways to the need for construction of an ramp from 178 Freeway at Mt. Vernon Avenue. This motion carried unanimously. Correspondence. Upon a motion by Councilman Stiern, communication from Division of Highways stating that an investigation is being made on the request of the Council that the Wilson Avenue Overcrossing on Route 99 be widened to four lanes, was received and ordered placed on file. Upon a motion by Councilman Stiern, resignation of Leslie L. Franks as a Member of the Bakersfield Fire Department Civil Service Commission was accepted with regret, and the Mayor was asked to send a letter of commendation to Mr. Franks~ thanking him for his outstanding work on this Commission. Council Statements. Councilman Heisey remarked that he has received several calls about speeding on University Avenue at Boise Avenue, which is an intersection used for crossing by school children. He asked that the staff request the Traffic Authority to make a study and report to the Council on what can be done to cut down the speeding on University Avenue. Councilman Rees commented that he also had been the recipient of telephone calls relative to speed at this inter- section, and he had talked to Captain Price o£ the Police Depart- ment who advised him that on the basis of equity with other school Bakersfield, California, September 28, 1970 - Page 6 intersections, there was no way that a crossing guard could be justified. Captain Price did say that he would send someone to investigate the conditions and possibly patrol the street in order to hold the speeding down. Councilman Vetter asked if it would not be possible to schedule any future executive sessions after a special meeting of the Council so that people in the audience would not be forced to wait until the Council has completed its session. The City Attorney stated this could be done as long as it is noticed for a special meeting, or it could be placed on any portion of the regular agenda. Mayor Hart remarked that rather than take any action tonight and keeping in mind that executive sessions occur very rarely, it might be well to "Play it be ear", and hold the executive sessions at the most convenient time for both the Council and the public. Councilman Heisey commented that in view of the fact that a vacancy exists on the Bakersfield Fire Department Civil Service Commission, he would move that Mr. Gene Oldershaw be appointed to fill out the unexpired term. Councilman Whittemore asked if the request from the Central Labor Council to appoint a person from organized labor to the Commission was going to be ignored by the Council. After Council discussion, Councilman Rees nominated Mr. Walter Huber to fill the vacancy on the Bakersfield Fire Depart- ment Civil Service Commission. Councilman Rucker seconded this nomination. Vote was then taken appoint Mr. Gene Oldershaw to on Councilman Heisey's motion to fill the vacancy on the Commission, which carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Stiern, Vetter Noes: Councilmen Rees, Rucker, Whittemore Absent: None Mayor Hart asked Councilman Vetter, Chairman of the Budget Review and Finance Committee, what progress had been made on the study of the proposed new Police Building and expansion of Bakers£ield~ California, September 28, 1970 - Page City Hall, which had been referred to his Committee on July 20, 1970. Councilman Vetter answered that a report is being prepared now on a financial consultant, which will be submitted to the Council in the very near future. Allowance of Claims. Upon a motion by Councilman Bleecker, Vouchers Nos. 986 to 1069 inclusive, in amount of $89,148.23, as audited by the Voucher Approval Committee were allowed~ and authorization was granted for payment of same. Action on Bids. Upon a motion by Councilman Bleecker, low bid o£ GKM Electric Company for modification of the Traffic Signal and High- way Lighting System at the intersection of Union Avenue and West Columbus Street was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rucker~ low bid of Weaver Tractor Company to furnish Diesel Grader was accepted and all other bids were rejected. Deferred Business. This was the time set to further consider report of the Governmental Ef£iciency and Personnel Committee on the subject of Modernization of the Fire Alarm Bureau. The Fire Chief's recom- mendation thai the Fire Alarm O££ice be staffed entirely by Fire- men with Firefighters to be phased-in in place of the Fire Alarm Operators as of January 1, 1971 was supported by a majority of the Governmental E£ficiency and Personnel Committee, and it was recom- mended that the Council adopt the majority report at the meeting of September 14, 1970. At that ti~e the matter was tabled for two weeks until a full Council was present. Councilman Stiern stated that he had made the motion to table the matter, and moved that it be taken off the table for consideration by the Council, which motion carried unanimously. Mr. Fred Ward, speaking on behalf of the Bakersfield City Employees Association~ summarized the position of the Bakersfield, California, September 28, 1970 - Page 8 Association on this matter, which he stated is of grave concern to City employees. He thanked the Governmental Efficiency and personnel Committee for its readiness to review the matter and to listen to protests on what the Association regards as an employee inequity in the matter of phasing-out the Fire Alarm Operators, as they feel it is unnecessary and rather heartless. He specifically requested that the Council reverse its action to replace the Fire Alarm Operators. However, if the Council does not do this, he asked thaf the phasing-out process be done on the basis of attrition, and that any set time for discharging the women operators be elimi- nated completely. He stated that three of the operators have indicated to him that they are willing to accept other City employment and that the Council's willingness to transfer them to other positions in the City where they would not lose salary, decision. Councilman Vetter attitude on the part of the has influenced this remarked that he appreciates this Fire Alarm Operators. He has always been concerned about the efficiency of the Alarm Office and the Chief of the Fire Department has assured the Committee, verbally and in writing, that the efficiency will not be impaired, that the men assigned to the Fire Alarm Office will have passed a qualifying test to be able to operate any alarm system. He stated that he would not personally want the time-certain changed, becaus,~ he thinks it is important that the people involved realize they must look favorably on acceptance of other employment within the City and that it is going to be incumbent on the City and the other Civil Service Commissions to make every effort to certify these people for the jobs and give them preferential treatment to fill City positions. Councilman Vetter asked Mr. Bergen to outline what the procedure will be in connection with the Fire Alarm Operators, are they to submit applications; just exactly what does the employee need to do to make this transfer to another department. 34 Bakersfield, California, September 28, 1970 - Page 9 Mr. Bergen stated that the girls would be asked to fill out a supplemental application form showing their qualifications, which in turn would be submitted to both the Miscellaneous and Police Civil Service Boards. The Boards would, based on these qualifications, certify each of the girls for any position for which they qualify. Then when a vacancy occurs in any department, they could accept that position on a trial basis, with the guaran- tee that the salary will be the same as they are receiving at the present time. He would assume that the Department Head would interview them and they would be required to get along in the Department. He is assuming that the Civil Service Boards will cooperate in this request. He is also assuming that the Council will have adopfed an Ordinance prior to January 1, 1971, changing the Fire Depart- ment Retirement System so that contributions can remain in the Fire Department Retirement System. If this is not accomplished by that date, he would recommend that elimination of the positions be deferred until such time as this is done. After discussion, Councilman Heisey moved for adoption of the Majority Report of the Governmental Efficiency and Personnel Committee. Councilman Captain John McAteer Whittemore asked the Council to recognize of the Bakersfield Fire Department, who handed Mayor Hart a document before he addressed the Council, stating that his remarks are not intended to be a confrontation with the Fire Chief or the members of the City Government. The Council is being asked to make a grave decision which will have an impact on all levels of Fire protection offered to City residents. He feels that the Council should make this decision with its eyes wide open to the facts and information available. 94 members of 35 Bakersfield, California, September 28, 1970 - Page 10 the Fire Department were concerned to the extent that they have signed a statement expressing their beliefs. It is for these 94 men encompassing practically every rank on the Department that he speaks. These men signed the statement because Captain Barnhart's~ statement on the subject was questioned as to its truthfulness by one member of the Council. The men who signed the statement did so with full knowledge of possible reprisals against them for expressing their views. He attempted to read a statement by Charles Henry Broughton, a Fireman, of an alleged conversation which took place with Fire Chief Paddock, telling of intimidation because he had circulated the above mentioned petition. Councilman Stiern interrupted Captain McAteer and called for a point of order, asking if this was a Civil Service proceeding against the Fire Chief or if it was a discussion relative to a transfer of the Fire Alarm Operators. He asked if the Fire Chief was on trial here tonight by one of his Captains. Captain McAteer replied that he was merely stating that these 94 men felt very strongly on what was happening to the Fire Alarm Office, and had signed the.petition. Councilman Stiern stated he refused to listen to state- ments of this nature and that if charges were in order, they should be made through the proper channels, starting with the City Manager and then on to the Fire Department Civil Service Commission. Councilman Bleecker agreed with Councilman Stiern's statements. He stated that the Chief of the Fire Department ought to be able to expect loyalty from his employees instead of a con- frontation that does not serve any purpose. Councilman Stiern asked Captain McAteer if he would care to come forward and affix his signature to the paper which he had handed Mayor Hart containing complaints about the Fire Chief. Captain McAteer did so. Councilman Stiern then moved that the document be received and placed on file. Bakers£ield, California, September 28~ 1970 - Page 11 Mayor Hart permitted Captain McAteer to complete his statement but requested him to confine his remarks to matters pertinent to the Fire Alarm Operators. Captain McAteer went on to say that the Council has been told that it will save $7,000 annually by replacing the women operators with Firemen. If this is a motivating factor, he suggested an alternative. There are ll college football players living at the various Fire Stations throughout the year being paid $30 each month as auxiliary Firefighters during the school year. During the summer vacation, two college students are hired ~or a three month period. He suggested that the City cease subsidizing the Renegade Football Team at a cost of more than $8,000 a year and keep the well-trained and efficient female Fire Alarm Operators it has now. Even the present operation of the Fire Alarm Office lacks efficiency with the men taking turns at dispatching. This method of rotating places the entire dispatching office on an amateur basis. The 94 men signing the petition support the views expressed by Captain Paul Barnhart more than a month ago in which he said "professional Firefighters should fight fires and pro- lesstonal Alarm Operators should dispatch men and equipment to emergency situations." It is their belief that if the professional women Fire Alarm Operators are replaced by part time Firemen, the level of protection deserved by the public will not be available. If the Council rubber-stamps the recommendation of the Fire Chief, it will be passing bad legislation. It is their belief that the system has su£fered some loss in efficiency by the use of Fire- fighters on a part time basis. There is no doubt in his mind that all men in the Alarm Office would function very efficiently, but in the interim~ the department is suffering. Councilman Vetter again commented that the Chief has assured the Council that qualified Firemen will be working as Fire Alarm Operators and it is his understanding that the personnel will be assigned there for a much longer period than they were in the past. The Chie£ felt in the past that everyone should be Bakersfield, California, September 28, 1970 - Page 12 given the opportunity to serve in the Alarm Office, and claims that the men who will be assigned to this work will be competent and as efficient as the women operators. Since the Chief has been on the department for over 30 years, his judgment should be re- spected. Councilman Rees stated that he had no reason to criticize the chief's judgment; it would be his position that the Council at all costs should avoid undercutting his authority and should go along with professional recommendations as head of the Fire Depart- ment or else get rid of him. He hopes that whatever adjustments are necessary to be made in the department will be made with a minimum of inconvenience and injustice to those concerned. He submitted a substitute motion that the City Council adopt the September 14, 1970 Majority Report of the Governmental Efficiency and Personnel Committee, with the following revision of Paragraphs 1 and 2: 1. That the City Council reaffirm the basis position it took on May 5, 1969, regarding the female Fire Alarm Operators, that is, phasing them out with Firefighters as the present operator jobs become vacant due to retirement, resignation or transfer to other positions in the City service. 2. In the meantime, every effort be taken by the Miscellaneous and Police Civil Service Boards to certify these City employees to appropriate eligibility lists for which they qualify. Councilman Vetter reiterated that a date should be set for replacing the Fire Alarm Operators with Firemen and it should be a specific date, which will obligate the City to explain to the female operators how they can transfer into other positions in the City and every available method used to see that they receive employment. If the Majority Report is adopted, and if at the time prior to the date for eliminating the Fire Alarm Operators positions he feels that the City has not lived up to the intention of the report, he will then personally support a change in the deadline for termination of the jobs. Bakersfield, California, September 28, 1970 - Page 13 Councilman Whirremote commented on treatment given Captain McAteer when addressing the Council this evening, and stated that every employee has the right to defend himself before the Council. He stated that he has never been given an answer to one question which has been brought up many times, and that is the statement purported to have been made by Chief Paddock in which he promised that the women would have jobs as long as he was Chief or until they retired. He asked Chief Paddock for an answer. Chief Paddock replied that "yes, he had made the comment that he would do everything in his power to see that the ladies were taken care of." In reply to Councilman Whittemore's question if that meant they would have a job as long as he was Chief or until they retired Chief Paddock replied "no." Councilman Whittemore commented that the May 5, 1969 report did not use the word "attrition", but it was the intent of that report that the girls would be phased out as the jobs became vacant, which didn't mean that the jobs are vacated by firing the women. This was the intent of the recommendation made by the Governmental Efficiency and Personnel Committee at that time, because these girls are competent, they have always received a high rating, and this is the reason he submitted a Minority Report. Councilman Stiern stated he would like to speak in support of the original motion. He cannot see where this Council has a record of being unfair to employees. He mentioned the financial trouble existing in other cities, especially the cities in California. The City of Bakersfield is in financial trouble, also, it was necessary to adopt a 5% Utility Tax in order to be fair to its employees. The Council is going to have to start being concerned about the taxpayers, and it may even be necessary to cut back City Employment and services in succeeding years. The 39 Bakersfield, California, September 28, 1970 - Page 14 female Fire Alarm Operators have been offered jobs in other depart- ments of the City, and to him that is being very fair. This is a down right economy and it is incumbent on the Council to make that: economy available to the City taxpayers. If Captain McAteer's statement that $8,000 is being spent to subsidize the Renegade football team is true, then that should be removed from the budget. The recommendation to reorganize the Fire Alarm System has been made by the Fire Chief, the administration and the Governmental Efficiency and Personnel Committee, whose opinions are respected by the Council. Vote was then taken on Councilman Rees' substitute motion, which failed to carry by the following vote: Ayes: Councilmen Rees, Rucker, Whittemore Noes: Councilmen Bleecker, Heisey, Stiern, Vetter. Absent: None Councilman Heisey's motion to adopt the Majority Report of the Governmental Efficiency and Personnel Committee on the Re- organization of the Fire Department Alarm Bureau carried by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Stiern, Vetter, Whittemore Noes: Councilman Rucker Absent: None Councilman Stiern stated that he would like to modify his previous motion relative to the letter of complaint submitted to the Mayor by Captain McAteer, and would move that the letter be received and referred to the legal department for recommendation. City Attorney Hoagland stated that if the Council moves to receive this document, it will then be a matter of public record. He has read the document and it is inappropriate to file it with the City Council. If charges are to be made, they should have been filed with the Fire Department Civil Service Commission. After discussion, Councilman Stiern withdrew his previous motion and moved that the document be returned to Captain McAteer for his disposition, and no further action be taken by the Council. Bakersfield, California, September 28, 1970 - Page 15 City Manager Bergen asked Captain McAteer if the 94 Firemen who had signed the petition or statement, supported the charges made in the document, and Captain McAteer replied in the negative, stating that it was his statement only. Councilman Vetter asked Captain McAteer if he intended to file the charges with the Bakersfield Fire Department Civil Service Commission, and he replied thai he would probably discard it~ that he had brought it to the Council's attention to prove the basis for doubting the Fire Chief's judgment. Mr. Bergen commented that he had been talking with the City Attorney and within the next 30 days he will be meeting with the Police and Miscellaneous Civil Service Commissions~ and he will then make a report on the exact procedures to be followed by the girls to transfer to other City positions~ and the Fire Alarm Operators will be in£ormed also. Councilman Rucker expressed his appreciation to Captain McAteer for appearing belore the Council as he believes this is the place for complaints to be submitted and heads o£ departments can make mistakes at times. Councilman Bleecker commented that he did not care to sit as a Councilman every Monday night and listen to employees complain about their Department Heads. Adoption o£ Resolution No. 65-70 of the Council of the City of Bakersfield adopt- ing Plans and Specifications, Careful Estimates, District Map and Diagram for the Construction of Curbs, Gutters~ Side- walks, Driveway Approaches and Necessary Drainage Facilities in Public Improvement District No. 854. Upon a motion by Councilman Rucker~ Resolution No. 65-70 of the Council of the City of Bakersfield adopting Plans and Speci- fications~ Careful Estimates, District Map and Diagram for the Construction of Curbs~ Gutters~ Sidewalks~ Driveway Approaches and Necessary Drainage Facilities in Public Improvement District No. 854, was Ayes: Noes: Absent: adopted by the following vote: Councilmen Bleecker~ Heisey~ Rees, Whittemore None None Rucker, Stiern~ Vetter, 41 Bakersfield, California, September 28, 1970 - Page 16 Adoption of Resolution of Intention No. 854 of the City Council of the City of Bakersfield declaring its intention to form Public Improvement District No. 854. Upon a motion by Councilman Rucker, tion No. 854 of the City Council of the City Resolution of Inten- of Bakersfield declaring Ayes: Councilmen Bleecker, Reisey, Rees, Vetter, Whittemore Noes: None Absent: None November 2, 1970 for hearing on the matter adopted by the following vote: Adoption of Resolution No. 66-70 deleting two Council meetings in the month of October, 1970. Upon a motion by Councilman Stiern, Resolution No. deleting two Council meetings in the month of October, 1970, adopted Ayes: Noes: None Absent: None Abstained: Councilman Whittemore Claim of Rosemary Ryan for Personal Injuries referred to the City Attorney. Upon a motion by Councilman Rucker, claim of Rosemary Ryan for Personal Injuries was referred to the City Attorney. Petition requesting annexation and formation of a Public Improvement District for sewer services by rest- by the following vote: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter Upon annexation and services by residents in vicinity of Oriole Street and Phaffle Drive, was referred to the Planning Commission for review and recommendation. dents in vicinity of Oriole Street and Phaffle Drive, referred to the Planning Commission. a motion by Councilman Whittemore, petition requesting formation of a Public Improvement District for sewer before the Council, was Rucker, Stiern, 66-70 was its intention to form Public Improvement District No. 854 and setting 42 Bakersfield, California, September 28, 1970 - Page 17 Parcel of Land declared surplus and Mayor authorized to execute Quitclaim Deed to abutting property owner. Upon a motion by Councilman Bleecker, a parcel of land located southerly of the intersection of "0" Street and 8th Street was declared supflus, with utility easement rights and access rights to all properties adjoining the parcel reserved, and the Mayor was authorized to execute a Quitclaim Deed to the abutting property owner for value established by a licensed appraiser. Approval of Change Order No. 1 to W. M. Lyles Co. for Contract No. 64-70, Construction of Storm Drains in Cypress Street, Verde Street, South "K" Street, Lakeview Avenue and California Avenue. Upon a motion by Councilman Rucker, Change Order No. to W. M. Lyles Company, for Contract No. 64-70, Construction of Storm Drains in Cypress Street, Verde Street, South "K" Street, Lakeview Avenue and California Avenue, was approved, and the Mayor was authorized to execute same. Mayor authorized to execute Notice of Completion of Work on that certain pro- ject known as the installation of Traffic Signals and Street Lighting at the inter- section of Wible Road and Wilson Road. Upon a motion by Councilman Vetter~ the Work was accepted and the Mayor was authorized to execute the Notice of Completion of Work on that certain project known as the Installation of Traffic Signals and Street Lighting at the Intersection of Wible Road and Wilson Road. Acceptance of Map of Tract No. 3273 and Mayor authorized to execute Con- tract and Specifications for Improve- ments in said Tract. Upon a motion by Councilman Bleecker, it is ordered that the Map of Tract No. 3273 be, and the same is hereby approved. That the easement and avenue shown upon said Map therein offered for dedication, be and the same are hereby accepted for the purpose £or which the same are offered for dedication. Pursuant to the provisions of Section 11587 of the Business and Professions Code, the Council of the City of Bakersfield hereby waives the requirement Bakersfield, California, September 28, 1970 - Page 18 of signatures of the following: NAME NATURE OF INTEREST Kern County Land Company Mineral Rights below a depth oi 500 feet with no right of sur- face entry. Kern County Land Company Right to pass over and across said land for ingress to and egress from any lands of Kern County Land Company, which are not accessible from any public road, highway, or over other lands of said company as excepted and reserved in that Deed recorded May 27, 1960 in Book 3271 at Page 26, O. R. County of Kern. The Clerk of this Council is directed to endorse upon the face of said Map a copy of this order authenticated by the Seal of the Council of the City of Bakersfield and the Mayor is authorized to execute the Contract and Specifications for Improvements in said Tract. Acceptance of Map of Tract No. 3434 and Mayor authorized to execute Con- tract and Specifications for Improve- ments in said Tract. Upon a motion by Councilman Vetter, it is ordered that the Map of Tract No. 3434 be, and the same is hereby approved. That all the easements, streets and drives 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 Bust- hess and Professions Code, the Council of the City of Bakersfield hereby waives the requirement of signatures of the following: NAME NATURE OF INTEREST Kern County Land Company Mineral Rights below a depth of 500 feet with no right of sur- face entry. Kern County Land Company Right to pass over and across said land for ingress to and egress from any lands of Kern County Land Company, which are not accessible from any public road, highway, or over other lands of said company as excepted and reserved in that Deed recorded May 27, 1960 in Book 3271 at Page 26, O. R., County of Kern. 44 Bakersfield, California, September 28, 1970 - Page 19 The Clerk of this Council is directed to endorse upon the face of said Map a copy of this order authenticated by the Seal of the Council of the City of Bakersfield and the Mayor was authorized to execute the Contract and Specifications for improve- ments in said Tract. Hearings. This is the time set for public hearing before the Council on an application by Del-Pine Development Company to change the zoning boundaries from an R-2-D (Two Family Dwelling - Architectural Design) Zone to an R-3 (Limited Multiple Family Dwelling) or more restrictive Zone, of that certain property located west of Stine Road and Stine Canal between Belle Terrace and Ming Avenue. This hearing has been duly published and posted and no written protests have been filed in the City Clerk's Office. The Planning Commission recommended the front portion along Stine Road be zoned R-3-D and the portion westerly of the existing R-3-D Zone be zoned R-1. The Commission felt the back portion of the parcel should be rezoned back to R-1 to conform to the zoning of the adjacent properties. Mayor Hart declared the hearing open for public partici- pation. No one appearing in opposition, the Mayor asked for those in favor to speak at this time. Mr. Bill Griffin of Del-Pine Development Company, addressed the Council stating that it would be impossible for his company to proceed with the planned develop- ment of this property if the Council approves the Planning Com- mission recommendation to zone the back portion of the parcel back to R-l, however, they would accept the present existing R-2 Zoning of that area. Councilman Bleecker asked Planning Director Sceales what was the reason for the Planning Commission to recommend R-1 on the back portion of the parcel. Mr. Sceales stated that originally this property was zoned "A", then rezoned R-2, and it is the thinking of the Commission that it should be rezoned R-3-D to be extended north to take in approximately five acres, and the back portion should be zoned back to R-1 to conform to the zoning of Bakersfield, California, September 28, 1970 - Page 20 the adjacent properties. With this zoning, this company could build 209 units. He still has not seen a plot plan, but it is his understanding that it is the intention of the developer to build 190 units on the entire parcel, which would be 25 units over an R-2 zoning. Mr. Griffin displayed a rendering for the project which he stated had just been prepared by his company. Mayor Hart closed the public portion of the hearing for Council deliberation and action. After Council discussion, upon a motion by Councilman Vetter, Ordinance No. 1887 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located west of Stine Road and Stine Canal between Belle Terrace and Ming Avenue~ was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter Noes: Councilman Whittemore Absent: None This would provide for the parcel to be zoned R-3-D on the east end and R-2-D a distance of 565 feet on the west portion of the property, as requested by the applicant. Councilman Whittemore asked Mr. Griffin if it was the intention of the Del- Pine Development Company to construct low cost, low rent housing on this property. Mr. Griffin replied that this was not contem- plated by his company. Councilman Stiern commented that it appears to him there are more problems attendant to the Fire Department than any other Department in the City. He asked the City Manager and the Fire Chief to survey the records for the last ten years and advise the Council of the turn over in the Fire Department. He would like that rate compared with the Police Department, the Public Works Department and other departments in the City, in order to arrive at a determination as to whether the Fire Department is really in such bad shape as is told to the Council night after night. He asked Mr. Bergen to include in the report any appropriate material Bakersfield, California, September 28, 1970 - Page 21 that might be necessary and also include such statistics as Work- men's Compensation, deaths on the job, cause of death. etc. He asked Assistant City Attorney Davis if a Councilman could be construed as interfering with employer-employee relations in requesting this information, and Mr. Davis stated there was no problem as he was only asking for general information applying to a Department. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Vetter, the meeting was adjourned at 11:50 P.M. ATTEST: of the Council of the City of Bakersfield, California