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HomeMy WebLinkAboutOCT - DEC 1968294 Bakersfield, California, October 7, 1968 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. October 7~ 1968. The meeting was ~alled to order by Mayor Karlen~ followed by the Pledge of Allegiance and Invocation by the Reverend Gerald Deaton of the First Christian Church. The City Clerk called the roll as follows: Mayor Karlen. Councilmen Heisey, Hosking~ Rees, Rucker~ Present: Stiern, Vetter, Absent: None Minutes of the Whittemore regular meeting of September 30~ 1968 were approved as presented. Service Pin Award. Mayor Karlen presented a 30 year service pin to Lieu- tenant Albert J. Mier who was employed by the City of Bakersfield on October 3~ 1938. Correspondence. Upon a motion by Councilman Stiern, communication from George F. McCourry, contractor, relative to median island break and a left turn slot in the divider on South "H" Street south of Julian Avenue, was received and ordered placed on file. Mayor Karlen read a communication from Mayor Sam Yorty of Los Angeles in which he stated he would support the City of Bakersfield's position as set forth in its Resolution regarding labor-management disputes, which Mayor Karlen will present to the Full Committee on Municipal Government Administration of the League of Cities when it meets in New Orleans on December National 8, 1968. Council Statements. Councilman Vetter stated that in recognition of a very ambitious project that was recently launched here in the Bakers- field area through the Bakersfield Chamber of Commerce and a group of local business people, he would like to offer a Resolution 295 Bakersfield, California, October 7, 1968 - Page 2 to the Council commending the Greater Bakersfield Chamber of Com- merce and those citizens involved in Project "B.I.G." He read the Resolution and moved adoption, which motion was seconded by Councilman Beisey and carried by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Whirremote Noes: Absent: None None Mayor Karlen signed the resolution and presented it to present in the audience: James Burke Dick Frasch Dave Maxwell Jack Barber Bob Gorman Owen Kearns President of the Chamber of Commerce Vice-President of the Chamber of Commerce Ambassador for Operation B.I.G. Solicitation Chairman Industrial Development Committee Chamber of Commerce Other gentlemen involved with Operation B.I.G. who were not present are Monroe Brown, Dr. Paul Romberg, James Sears and Judge Walter Condley. Councilman Heisey stated that about a generation ago the City of Bakersfield passed an ordinance requiring underground installation of facilities for public utilities in the downtown district. Since that time the City has expanded and the State Public Commission has authorized utility companies to convert over-- head facilities within qualified government units into underground installations. He thinks the time has come to re-examine the ordinance with the idea of expanding the required district and moved that the matter be referred to the Planning Commission for extensive examination and updating. This motion carried unanimously. Allowance of Claims. Upon a motion by Councilman Rees, Vouchers Nos. 1075 to 1190 inclusive, in amount of $112,662.71, as audited by the Finance Approval Committee, were allowed, and authorization was granted for payment of same. Vetter, the following gentlemen responsible for this project who were 296 Bakersfield, California, October 7, 1968 - Page 3 Action on Bids. Upon a motion by Councilman Whittemore, low bid of Mission Linen Supply for Uniform Rental Service was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. City Manager Bergen pointed out that this bid provides for three uniform changes per week in place of the present policy of two changes, and that these uniforms are of cotton material. Upon a motion by Councilman Hosking, low bid of Lyles Company for construction of Sanitary Sewer and Pump Station to serve Pierce Annexation No. 1 was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract subject to approval of the shop drawings for the Pump Station by the staff. Upon a motion by Councilman Heisey, low bid of W. H. Schallock, Inc. for construction of a Sanitary Sewer in Garnsey Lane was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Appointment of Members of the Board of Charity Appeals and Solicitations for four year terms expiring October 1, 1972. Upon a motion by Councilman Heisey, the following per- sons were re-appointed as members of the Board of Charity Appeals and Solicitations for four year terms expiring October 1, 1972: Dr. Stephen Montgomery Donald S. Hopkins Mrs. Margaret E. Ackermann Councilman Rees proposed the name of Dr. E. Merle Foster to fill one of the vacancies existing on the Board. Dr. Foster was appointed by unanimous vote of the Council to serve on the Board for a four year term expiring October 1, 1972. Bakersfield, California, October 7, 1968 - Page 4 297 Encroachment Permit granted Bakersfield Inn to construct a five-foot chain link fence along the back of its property. At this time the Council discussed request of Bakersfield Inn for an Encroachment Permit to construct a five-foot chain link fence along the back of its property on Pershing Street. The fence will be adjacent to the existing sidewalk on the east side of Pershing Street and will encroach six feet into the Street right-of- way. It was the understanding of Director of Public Works Jing that one of the conditions for approval of a variance which was granted to the Bakersfield Inn on August 26, 1968 by the Board of Zoning Adjustment, was the construction of a Spanish type wrought iron fence. However, after consulting the records of the Board covering this hearing, it was determined that the construction of a wrought iron fence was mentioned at the condition. Mrs. Ido Banducci who hearing, but it was not made a lives at 1101 Pershing Street across the street from the back of the Bakersfield Inn, stated she had seen the plan for the proposed installation, and she is not pleased witlh the material ~o be used, she prefers a wrought iron fence which is more in keeping with the decor of the rest of the building. Several of the Council members assured her that this material will make an attractive fence and is the type generally used in fence construction. After considerable discussion, Councilman Rucker moved that the Encroachment Permit be granted subject to the plot plan as sub- mitred to and examined by the Council, using a vinyl-coated black chain link fencing material. Councilman Heisey seconded this motion which carried unanimously. Adoption of Resolution No. 89-68 of 'the Council of the City of Bakersfield deleting one Council meeting in the month of October, 1968. Upon a motion by Councilman Stiern, Resolution No. 89-68 of the Council of the City of Bakersfield deleting one Council meeting in the month of October, 1968, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Bakersfield, ~al±fornia, October ?, 1~$8 - Page 5 Adoption of Resolution No. 90-68 of the Council of the City of Bakersfield instructing the Fiscal Agent for the City to transfer moneys for the purpose of redeeming certain Parking Bonds Nos. A336 to A521, inclusive. It was moved by Councilman Hosking that Resolution No. 90-68 of the Council of the City of Bakersfield instructing the Fiscal Agent for the City to transfer moneys for the purpose of redeeming certain Parking Bonds Nos. A336 to A521, inclusive, be adopted, and he stated that he would like to comment on this Reso-- lution and say a few words in its favor. The Council has been waiting a long time to terminate the agreement with the underwriters for the retirement of the Parking Bonds. He doesn't know when the final payment will occur, but the Council soon will be in a position to remove the parking meters entirely both from the parking lots and the streets. As most of the meters are in his Ward, he has had many complaints about them. He has suggested to the staff that since this was coming up, there should be some recommendation from them, but the Council has not as yet received this recommendation. It is his purpose tonight to ask the Council to pass a Minute Order requiring the Traffic Authority to remove the parking meters from all lots and streets downtown, unless the staff has something to say on it. Mr. Bergen stated he thinks there are a lot of other things to consider. The Council took action a couple of weeks ago requesting the staff to submit a report within the next thirty or sixty days on the disposition of the meters and what is to be done in the downtown area. There is no question in his mind but it will be necessary to leave some of the meters, especially some of those on the parking lots. There will be problems with traffic enforce- ment. Extra employees can be hired and be stationed at the gates of the parking lots, but with the study he has made up to this time, he personally would not recommend that this be done. Of course the Council can take them out, but he thinks a little more thought should go into it before they are arbitrarily removed. Bakersfield, California, October 7, 1968 - Page 6 299 Councilman Stiern commented that it was his recollection that these meters were put on the streets originally by a vote of the people, as a means of producing revenue to pay for the parking lots. It has never been made clear to the public that it was not an arbitrary action of any Council that these meters are retained. Perhaps there are good reasons for keeping the meters on the lots and the streets, he is anxious to hear the staff's report, but at this moment, he would like to go on record as one Councilman, that he would favor removing the meters, and if they stay, it should be made very clear that they are there because the downtown merchants:, or the traffic authority or somebody else, thought that it was a good idea to leave them there. City Manager Bergen replied that the meters are not there for revenue, that is a secondary purpose. He would agree with members of the Council that it would be a good idea not having re- strictions on the meters. When the bonds are paid off, the Traffic Authority, with the approval of the Council, can operate the meters with a lot more latitude. If they want to cover them up for a down- town promotion program, or rent them out to the merchants for a day, things of this nature, it can be done. If the City wants to hire enough people to operate the lots and provide parking for the shoppers, this can be done, he is just saying that he thinks it is an economic matter and when the Council considers it, they will act accordingly. Councilman Rees stated he doesn't like parking meters, but he shies away from it becoming an emotional issue, however, if the meters are removed, what is the alternative? If the meters are removed, the City is faced with the whole broad spectrum of traffic and parking regulations. He has talked to some of the downtown merchants and they have requested when this matter comes up before the Council, to be brought into the discussion and consulted as to the various alternatives. Whatever is done should be the result of staff study in depth and Council committee study, and the very best minds and resources should be consulted be£ore any action is taken. Hopefully, all meters can be eliminated, but it must be done in an orderly fashion. Bakersfield, California, October 7, 1968 - Page ? Councilman Heisey stated in his opinion meters are needed to regulate traffic. He concurs wholeheartedly with what Mr. Bergen has said, the Council will have a great deal of latitude. Many cities have free days on which the merchants buy the me.ters, shoppers come to town and receive free parking, etc. He believes there should be a very firm recommendation from t~he merchants in the downtown area, their opinions should be taken into considera- tion. Councilman Vetter commented that he thinks it is a "must" that the City provide as much free parking as possible, this has been the contention of the downtown people all along. He would like to see free parking downtown and very few meters left except those necessary for traffic control. Councilman whirremote pointed out that these meters have, always been a bone of contention, and one of the problems is pre- venting the employees from parking in the spaces which should be reserved for shoppers. Perhaps parking lots could be provided for the employees of the downtown area and keep the streets for the shoppers. Councilman Stiera said that people do not like the meters and he is of the opinion that they are a psychological deterrent to the economy and success of the downtown area. For years it has been stated that when the bonds are retired and the lots are paid for that the meter heads would come out, this has been pro- mised. If it is made clear to him that they should. stay, if the downtown merchants want them to stay, that is different, but he hopes that the staff's report makes it very clear and definite. City Manager Bergen stated the Council, by Minute Order, has directed to staff to submit a report and the staff is in the process of making a study of revenue derived from the meters and costs of parking control without meters, which study should be ready for presentation to the Council sometime between November 1 and December 1. Bakersfield, California, October 7, 1968 - Page 8 ,)O1 All members of the Council agreed that final judgment should be reserved until the staff report is made and that the study should be given full considerat~ion. Vote was then taken on adoption of carried by the following vote: Ayes: Councilmen Heisey, Hosking, Whittemore Noes: None Absent: None the Resolution, which Upon from Vella Lee Upon Rees, Rucker, Stiern, Vetter, Claim for damages from Vella Lee Abney referred to the City Attorney. a motion by Councilman Whittemore, claim for damages Abney was referred to the City Attorney. Claim for damages from Merna H. Neumen, as Guardian Ad Litem for claimant, Robert E. Hingston, referred to the City Attorney. a motion by Councilman Rucker, claim for damages from Merna B. Neumen, as Guardian Ad Litem for claimant, Hingston, was referred to the City Attorney. Request from the Bakersfield City School District to connect new Leo G. Pauly School to the City sewer system granted subject to certain conditions. Upon a motion by Councilman Whittemore, Robert E. request from Bakersfield City School District to connect new Leo G. Pauly School to the City sewer system was granted subject to submitting plan and profile of the sewer installation for approval by the City Engineer and entering into a suburban sewer rental agreement for the service. Request from Jim Dale to paint the divider island on Panorama Drive an asphalt green color referred to the staff for handling. Upon a motion by Councilman Stiern, request from Jim Dale that the divider island on Panorama Drive from Mr. Vernon to Wenat- chee be painted an asphalt green color, was referred to the staff with instructions to write to Mr. Dale and explain that trees must be planted before any painting is done, and this area will be con- sidered for painting if funds are available in this fiscal year's budget, if not, it will be considered in next year's budget. Bakersfield, California, October 7, 1968 - Page 9 Adoption of Ordinance No. 1760 New Series amending Section 6.08.020 (c), Section 6.08.040 (a) (1), Section 6.08.050 (a), Section 6.08.080 and Section 6.08.1110, of Chapter 6.08 (Sales and Use Tax) of the Municipal Code of the City of Bakersfield. Upon a motion by Councilman Vetter, Ordiuance No. 1760 New Series amending Section 6.08.020 (c), Section 6.08.040 (a) (1), Section 6.08.050 (a), Section 6.08.080 and Section 6.08.110, of Chapter 6.08 (Sales and Use Tax) of the Municipal Code of the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None 'Denial of request from George F. McCourry for a median island break and a left turn slot in the divider on South "H" Street south of Julian Avenue~ At a regular meeting of October 2, 1968, the Planning Commission considered Council referral of request of George F. McCourry as represented by Bruce Bunker, attorney for a median island break and left turn slot, approximately 300 feet south of Julian Avenue on South "H" Street. After due consideration of the request and the policies and standards pertaining to median island breaks on major arterials presented by the Engineering Department, the Commission recommended that the request be denied. It was then moved by Councilman Rees that the request be denied. Councilman Whirremote stated he has talked this matter over with Mr. McCourry several times and recognizes that he has a problem there. He asked that before the Council denys this request, if every possible avenue has been explored to see if it would be feasible to give him the break in this island. Mayor Karlen commented that this request had been given a hearing at the last meeting when Councilman Whittemore was absent. Bakersfield, California, October 7, 1968 - Page 10 3(13 Ayes: Noes: Absent: City Manager Bergen reiterated that this matter was discussed at the Council meeting last week and at the Planning Commission meeting for a considerable length of time. In addition, both he and Mr. Jing, Public Works Director, have discussed this with Mr. McCourry several times, and have endeavored to work out various alternates to provide access, but no complete agreement has been reached. The City doesn't have rigid standards on this, the staff realizes how important these left turn slots are, but in his opinion, it would be impossible to allow a left turn break there without significantly modifying the standards which would open it up to a great many other people in the City who have been turn down when they have requested breaks in the median island. After considerable Council and staff discussion, vote was then taken on Councilman Rees' motion, which carried by the following roll call vote: Councilmen Heisey, Rees, Rucker, Stiern Councilman Hosking, Vetter, Whirremote None Approval of Agreement with P. G. & E. for pole contacts at 21st and "F" Streets and at 21st and "L" Streets. Upon a motion by Councilman Hosking, agreement with P. G. & E. for pole contacts at 21st and "F" Streets and at 21st and "L" Streets was approved and the Mayor was authorized to execute same. Approval of Agreement with P. G. & E. for pole contacts at "L" Street with Truxtun Avenue. Upon a motion by Councilman Hosking, agreement with P. G. & E. for pole contacts at "L" Street with Truxtun Avenue was approved, and the Mayor was authorized to execute same. Bakersfield, California, October ?, 1968 - Page 11 Approval of Agreement with the Southern Pacific Company for installation of an irrigation pipe and casing across the Buttonwillow Branch of the Southern Pacific Railroad at its crossing with South "H" Street. Upon a motion by Councilman Whirremote, agreement with the Southern Pacific Company for installation of an irrigation pipe and casing across the Buttonwillow Branch of the Southern Pacific Railroad at its crossing with South "H" Street, was approved and the Mayor was authorized to execute same. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Vetter, the meeting was ad- journed at 9:40 P.M. MAYOR of the City of Bakersfield, ~alif. ATTEST: iT~E~ ' ~ .~ C TY CLI RK and Ex-Officio Clerk of the Council of the City of Bakersfield, California Bakersfield, California, October 21, 1968 305 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. October 21, 1968. The meeting was called to order by Mayor Karlen, followed by the Pledge of Allegiance and Invocation by F. Lynn Blyston of the Y.M.C.A. The City Clerk called the roll as follows: Present: Mayor Karlen. Councilmen Heisey, Hosking, Rucker, Stiern, Whittemore Absent: Councilman Vetter (Took his seat at 8:07 P. Minutes of the approved as presented. Rees, M.) regular meeting of October 7, 1968 were of the plaque in Employment Security) for the full cooperation and assistance provided by the Mayor and the City to serve the youth of the community. Mr. George Barton, Manager of the Greater Bakersfield Chamber of Commerce, reported that the Chamber's City Growth Committee has been assisting in the promotion and education of the citizens of the Plaza No. 1 area, proposed to be annexed to the City of Bakersfield at a special election to be held on November 5, 1968. Mr. Barton stated that a petition has been filed with the City Clerk for the annexation of Union No. 3, and that plans are going ahead to hold a special election sometime in the early spring. Councilman Rees stated he thinks the Chamber of Commerce deserves the highest commendation for its efforts, especially George Barton, Bill Horsley and Don Hopkins, who are working far beyond the call of duty carrying out the functions delegated to them by the City. Councilman Stiern stated he wanted to second Mr. Rees' remarks as he thinks they are doing a marvelous job. Mayor Karlen and Councilman Heisey agreed that the Chamber has furnished outstanding service to the City of Bakersfield in its annexation program. Scheduled Public Statements. Mr. Dale Cranford, Manager of the Youth Opportunity Center State Employment Department, presented Mayor Karlen with a from the I. A. P. S. (International Association of Personnel Bakersfield, California, October 21, 1968 - Page 2 Mr. E. J. Starcher of l101 Beale Avenue, representing a community organization and homeowners in East Bakersfield, addressed the Council, stating that the.Lake Street Canal is in an unsightly, unsanitary condition and is a serious threat to public health in the area, and that he is present at the Council meeting to see what can be done to get the canal covered. After considerable discussion, upon a motion by Councilman Heisey, seconded by Council- man Rucker, the Public Works Department was instructed to prepare an updated report of the cost of covering the canal, the City Attorney was requested to investigate what can be done from the standpoint of abating a nuisance, and the staff was requested to ask the Health Department to check on the sanitary condition of the canal, all this information to be incorporated in a report to be submitted to the Council within thirty days. Correspondence. Mayor Karlen discussed a communication which both he and Councilman Stiern received from Mr. Jon Crawford of 707 Holtby Road deploring the condition of the landscaping on the freeway between White Lane and Olive Drive. Mayor Karlen stated he will answer the letter and Councilman Stiern suggested that he inform Mr. Crawford that the City will continue its efforts to have the state landscape the freeways. Mayor Karlen called attention to a communication from the National League of Cities requesting the Council to designate a voting delegate for the 45th annual Congress of Cities at New Orleans, La., December 7-11, 1968. Upon a motion by Councilman Stiern, seconded by Councilman Vetter, Mayor Karlen was delegated to represent the City at this Conference. He stated that he would present the city's resolution regarding Labor-Management disputes at the Congress of Cities and he has been promised the support of Mayor Sam Yorty of Los Angeles, Mayor Floyd Hyde of Fresno and Mayor Loader of Delano. The Mayor also brought to the attention of the Council a letter received from the locak Kern County Economic Opportunity Corporation, requesting the City to appoint an official Bakersf±eld, California, October 21, 1968 - Page 3 307 representative to participate in all decisions concerning local OEO programs made by the governing board. He stated he would send[ a copy of the letter and the by-laws of the agency to each member of the Council for action in the near future. Council Statements. Councilman Hosking called attention to an editorial in tonight's Bakersfield Californian entitled "City's Confusing Street Signs" and stated he felt it was a very well-written, well-thought out editorial and he agrees with it whole-heartedly. The Council discussed the inconsistencies of the City's street signs and admitted there is a certain degree of uniformity lacking in the city's existing street signs. Councilman Hosking commented that correcting this condition cannot be done overnight and close cooperation with the County of Kern is necessary to accomplish this. He also mentioned the house numbering ordinance and feels that something should be done in relation to this ordinance. He suggested that the Council attempt to move forward with some action in response to this editorial and after discussion, it was moved by Councilman Stiern, seconded by Councilman Heisey, that the matter be re~erred to the Planning Commission for study and recommendation. City Manager Bergen reported to the Council that the State Public Utilities Commission has approved the application of the California Water Service Company for an order authorizing it to in- crease rates charged for water service in the Bakersfield district in order to offset the increase in federal income taxes resulting from the 10% surcharge imposed. Councilman Hosking asked the legal department if there was any possibility of the City making an appeal to this decision in court. Assistant City Attorney Clayton stated that the PUC had promulgated a regulation earlier which permitted a rate increase on this basis with no further showing, therefore, the City's protest lay with this regulation and not with their particular adjudication of rates in this case. Mr. Hoagland was requested to make inquiry as to whether the rates will drop when the surcharge is no longer in effect. Bakersf±eld, California, October 21, 19(48 - Page 4 Councilman Stiern stated that he was happy to report that the Resolution which originated with the City Council of Bakersfield and went through the South San Joaquin Division of the League of California Cities was presented to the general Con- ference o£ the League of California Cities in Los Angeles and was adopted successfully by the general assembly. The Resolution is a firm instruction to the Board of Directors of the League to prepare legislation determined appropriate for the purpose of terminating the unjust taxation imposed on incorporated taxpayers by county government in California. In other words, there will probably be some state legislation in this regard. He is still hopeful that at the local level they will be able to work out the difficulties with the Board of Supervisors by City-County coopera- tion, although 2½ years have passed since the Stanford Research Report pinpointing the areas of injustice and inequity was sub- mitted. The Committee of the Council will continue to work with the Board of Supervisors toward some solution. Reports. Councilman Rucker, chairman of the Business Development and Parking Committee, read a report of a meeting held by that Committee with members of the administrative staff and Mr. Lee Noble of the Downtown Businessmen's Association, to discuss the classification structure in the Business Promotion District Ordinance. During the course of the meeting, exclusion of pro- fessional businesses from the district was fully considered; how- ever, it was indicated that in all probability the exemption of particular businesses only from the proposed district would be unconstitutional. In view of this information, the Committee cannot recommend the exemption of any designated businesses; however, the Committee is prepared to recommend Class Ill busi- nesses be required to pay a business promotion district tax of only fifty percent above the business license tax rather than 100% as originally proposed. Bakersfield, California, October 21, 1968 - Page 5 309 The Committee also reiterated the recommendations con- rained in its report of September 30, 1968, for the Council's consideration. They are as follows: 1. That Class III be eliminated and Class IV become Class III 2. The following changes be made in Class II: DELETED (a) Auto Supplies (b) Newspaper and magazine agencies (c) Radio and television stations (d) Schools (secretarial in trade) (e) Funeral directors ADDED (a) Retail auto dealers (new and used) (b) Employment and travel agencies The Council establish an Advisory Commission to aid the Council in Promotion District matters and that the Commission be comprised of seven members selected from business people conducting business within the Promotion District. Since the District is in the Fourth Ward, that Councilman Richard Hosking be appointed as an ex-officio member. The function of the Commission will be to make recommendations to the City Council on both policy and fiscal matters relating to the Promotion District. That Mr. Lee Noble be appointed as an interim liaison between the City Council and the Down- town Businessmen's Association until the Advisory Commission is appointed. Mr. Noble's duties will be to perform the preliminary leg- work and prepare a budget for the District. Councilman Rucker moved adoption of the Report. Councilman Heisey seconded the motion, which motion, after discussion, carried by the following roll call vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter Noes: Councilman Whittemore Absent: None Adoption of Ordinance No. 1759 New Series of the CoUncil of the City of Bakersfield amending Section 6.50.050 (Rate of Additional Tax) of Chapter 6.50 (Business Promotion District) of the Municipal Code of the City of Bakersfield. After discussion, upon a motion by Councilman Hosking, Ordinance No. 1759 New Series of the Council of the City of BakersJ~ield 310 Bakersfield, California, October 21, 1968 Page 6 amending Section 6.50.050 (Rate of Additional Tax) of Chapter 6.50 (Business Promotion District) of the Municipal Code of the City of Bakersfield, as amended, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter Councilman Whittemore None Mayor Karlen reported that he and Assemblyman Kent Stacey had made a presentation to the State Highway Commission, which is holding hearings in the Council Chambers, regarding the interchange at Mount Vernon and Freeway 178, and have asked for consideration of an addendum to a contract that has been recently awarded by the State, which would make this a partial interchange. It is hoped that the Commission will consider favorably the suggestions which he and Assemblyman Kent Stacey o~fered. Allowance of Claims. Upon a motion by Councilman Rees, Vouchers Nos. l191 to 1403 inclusive, in amount of $180,922.39, as audited by the Finance Approval Committee, were allowed, and authorization was granted for payment of same. Appointment of Member of the Board of Charity Appeals and Solicitations. Councilman Stiern proposed the name of Mr. Donald Whipple, 1408 West Point Drive, and upon a motion by Councilman Hosking, Mr. Whipple was appointed as a member of the Board of Charity Appeals and Solicitations for a four year term expiring October 1, 1972. Action on Bids. Upon a motion by Councilman Heisey, low bid of Salomon Pipelines Construction Company for construction of a Pump Station and Force Main along Golden State Avenue between "F" Street and the Kern River was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Bakersfield, California, October 21, 1968- Page 7 Finance Director authorized to receive contribution of $50,000 from California Water Service Company in accordance with Agreement No. 5-68. The California Water Service Company has provided the Public Works Department with a notice of its acceptance for main- tenance of the water system extension installed in the Pierce No. 1 Annexation under Public Improvement District No. 821, and upon a motion by Councilman Hosking, the Finance Director was authorized to receive the contribution of $50,000 from the California Water Service Company in accordance with Agreement No. 5-68 and make payment of $50,000 to the contractor, the W. M. Lyles Company, on Public Improvement District No. 821. Adoption of Resolution No. 92-68 of the Council of the City of Bakersfield ordering and declaring the dissolution of the E1 Camino and the Sunset Lighting Districts located within the City limits of the City of Bakersfield, California. Upon a motion by Councilman Whittemore, Resolution No. 92-68 of the Council of the City of Bakersfield ordering and de- claring the dissolution of the E1 Camino and the Sunset Lighting Districts located within the City limits of the City of Bakersfield, California, was adopted by the following vote: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore None None Ayes: Noes: Absent: Adoption of Resolution No. 93-68 of Application for a change of organization by the Council of the City of Bakersfield requesting the Local Agency Formation Commission to approve and institute if necessary the dissolution of the E1 Camino and the Sunset Fire Protection Districts. Upon a motion by Councilman Rucker, Resolution No. 93-68 of Application for a change of organization by the Council of the City of Bakersfield requesting the Local Agency Formation Commission to approve and institute if necessary the dissolution of the E1 Camino 312 Bakersfield, California, October 21, 1968 - Page 8 and the Sunset Fire PrOtection District, following vote: Ayes: Noes: Absent: was adopted by the Councilmen Heisey, Hosking, Whirremote None None Rees, Rucker, Stiern, Vetter, Approval of Agreement with Pacific Gas & Electric Company for electrical ser- vice at the Columbus Street/Rice Street intersection and at the Columbus Street/ University Avenue intersection. Upon a motion by Councilman Heisey, agreement with the Pacific Gas & Electric Company for electrical service at the Columbus Street/Rice Street intersection and at the. Columbus Street/University Avenue intersection, was approved., and the Mayor was authorized to execute same. Acceptance of Grant Deeds from Moncure Brothers and Jean Campbell for interests in property on South "H" Street required for the:widening of South "H" Street between Ming Avenue and White Lane. Upon a motion by Councilman Whittemore, Grant Deeds from Moncure Brothers and from Jean Campbell for their interests in property on South "H" Street required for the widening of South "H" Street between Ming Avenue and White Lane, were accepted. Approval of Map of Tract No. 3202 and Contract for improvement of same. Upon a motion by Councilman Stiern, it is ordered that the Map of Tract 3202 be, and the same is hereby approved; that all the easements, drives and lanes, shown upon said map, therein offered for dedication, be and the the purpose for which the same are suant to the provisions of Section same are hereby accepted for offered for dedication. Pur- 11587 of the Business and Pro- £essions Code, the Council of the City of Bakersfield hereby waives the requirement of signatures of the following: NAME Kern County Land Company Pacific Telephone Telegraph Company NATURE ~F INTEREST Mineral rights below a depth of 500 feet with no right of sur- face entry 10 feet easement along rear lines of Lots 12 and 13, 5 feet easement along rear line of Lot 5 313 Bakersfield, California, October 21, 1968 - Page 9 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 for improvements in said Tract. Approval of Map of Tract No. 3209 and Contract for improvement of same. Upon a motion by Councilman Stiern, it is ordered that the Map of Tract 3209 be, and the same is hereby approved, that all the easements, drives, streets and ways 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 requirements of signatures of the following: NAME NATURE OF INTEREST Kern County Land Company, Mineral Rights below a depth of 500 feet with no right to sur- face entry 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 agreement covering improvements in said Tract. Approval of Street Lighting Plan for Tract No. 3110. Upon a motion by Councilman Heisey, Street Lighting Plan for Tract 3110 was approved.. Acceptance of Grant Deed from George E. Bailey for property required for the westerly extension of California Avenue from Real Road. Upon a motion by Councilman Stiern, Grant Deed from George E; Bailey for property required for the westerly extension of Calif- ornia Avenue from Real Road was accepted. Bakersfield, California, October 21, 1968- Page 10 Adoption of Resolution No. 94-68 of the City Council of the City of Bakersfield, California, repealing Resolution of In- tention No. 801, and abandoning proceed- ings pursuant thereto; approving a proposed Resolution of Intention; and requesting the consent of the Board of Supervisors of the County of Kern to the formation of the Assessment District, to the acquisitions and improvements described and to the assumption of jurisdiction thereover. Upon a motion by Councilman Whirremote, Resolution No. 94-68 of the City Council of the City of Bakersfield, California, repealing Resolution of Intention No. 801 and abandoning proceedings pursuant thereto; approving a proposed Resolution of Intention; and requesting the consent of the Board of Supervisors of the County of Kern to the formation of the Assessment District, to the acquisitions and improvements described and to the assumption of jurisdiction thereover, was adopted by the following vote: Ayes: Noes: None Absent: None Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, whirremote 90 day leave of absence without pay granted R. L. Shepard, Equipment Operator II, Public Works Department. Upon a motion by Councilman Rees, a 90 day leave of absence without pay was granted R. L. Shepard, Equipment Operator II, Public Works Department. Hearings. This was the time set for hearing on Resolution of Intention No. 834 of the Council of the City of Bakersfield de- claring its intention to order the vacation of the alley in Block 528, City of Bakersfield. Request for this vacation was made by the Bart Electric Company and has been approved by the Planning Commission. This hearing has been duly posted and no written protests have been received in the City Clerk's office. No pro- tests or objections having been received, the Mayor declared the public hearing closed. Upon a motion by Councilman Rosking, Resolution No. 95-68 of the Council of the City of Bakersfield 31 5 Bakersfield, California, October 21, 1968 - Page 11 ordering the vacation of the alley in Block was adopted by the following vote: Ayes: Councilmen Heisey, Rosking, Whittemore Noes: None Absent: None No. 835 of This was the the Council 528, City of Bakersfield, Rees, Rucker~ Stiern, Vetter~ time set for hearing on Resolution of Intention of the City of Bakersfield declaring its in- tention to order the vacalon of a portion of 32rid Street between "K" Street and Jewett Avenue in the City of Bakersfield. Request for this vacation was made by the McCarthy Tank & Steel Company and has been approved by the Planning Commission. This hearing has been duly posted and no written protests have been received in the City Clerk's office. No protests or objections being received, the Mayor declared the public hearing closed. Upon a motion by Councilman Heisey, Resolution No. 96-68 of the Council of the City of Bakers- field ordering the vacation of a portion of 32nd Street between "K" Street and Jewett Avenue in the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Ruckerj Stiern, Vetter, Whittemore Noes: None Absent: None The Resolution ordering the vacation was adopted subject to the condition that curb and gutters be constructed or a bond posted for this purpose. This was the time set for continued public hearing before the Council of the City of Bakersfield on the establishment of a Business Promotion District with a modification of boundaries. This hearing was continued from meeting of September 30, 1968, to conform with the presentation of a.report by the Business Development and Parking Committee on the classification structure and other perti- nent matters set forth in the Business Promotion District Ordinance. 316 Bakersfield, California, October 21, 1968 - Page Councilman Hosking moved adoption of Resolution No. 97-68 of the City of Bakersfield, California, making findings and overruling protests and objections and ordering the formation of a Business Promotion District in that portion of Downtown Bakers- field described herein in said Resolution; determining that addi- tional tax should be imposed upon those businesses in said Busi- ness District, determining the uses to which the additional revenue derived from the additional tax shall be put, and deter- mining the extent of taxes to be levied to support said district, and determining that the public convenience and necessity require the formation of said District. Councilman Vetter stated he has spoken against this Promotion District a number of times. The amendments which he has voted for have made it more palatable to the people in the business district who will be paying the additional taxes. He still thinks the additional taxes are going to be a burden to some people in the district, and also that these people will not realize the amount of these additional taxes until the tax bill comes out in January. Mainly, his opposition is not because he does not want the downtown to be developed and promoted as much as possible, but he feels that a private agency such as the downtown business associa- tion, could do this without a city advisory commission of the City Council having a role in collecting money from them and stipulating how this money should be spent, if they had the full support of all the people in the particular area. He commented that he sincerely hopes he is wrong and that the additional revenue derived from this district will be a major factor in the redevelopment of the downtown area. Councilman Stiern requested the City Attorney to outline the boundaries of the district, and Mr. Hoagland did so, stating that at the present time the boundaries are coterminus with the boundaries of the survey area for the redevelopment agency. 317 Bakersfield, California, 0ctobe~ 21, 1968 - Page 13 Councilman Heisey commented that Councilman Vetter has voiced honest concern regarding the Business ~romotion District, however, in this £nstanee, 'the people within this district have asked that the district be formed and a tax be placed upon them in order that all those benefiting shall oontribute to the district. It is pretty much of a project of their ownand as far as being a burden on them, he asked the City Attorney how much money would be raised by this additional tax. City Attorney Hoagland stated the business license tax at the present time is undergoing study and revisions, so what will develop out of this is a new business license tax. He stated he thinks Mr. Haynes, the Finance Director, has made some estimates in this regard. Mr. Haynes told the Council that their best estimate, if business licenses themselves are not lowered, is roughly in the neighborhood of $25,000 a year. Any'substantial reduction in the license rates would put the income at less than $20,000 a year. Mr. Lee Noble, of the Downtown Businessmen's Association, addressed the Council and explained the preliminary plans for the establishment of the business promotion district and for preparing a budget for it. He stated that the benefits for the district cannot be determined in advance of the actual operation. He did point out that one of the major expenditures for this promotion district is Christmas decorations, which will amount to about $8,000. About a third of the annual budget will be used for this one event alone. Salaries will take up another portion, so there won't be very much left to work with. Vote was then taken on Resolution No. by the following roll call vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Noes: Councilman Vetter Absent: None Adjournment. There being no further business to come before the Council upon a motion by Councilman Rucker, the meeting was adjourned at MAYOR of the City of Bakersfield, Calif.~ CITY ~ Ex-l~flcxo ~lerx ox the Council of the City of Bakersfield, California 97-68, which carried Stiern, Whittemore 318 Bakersfield, California, October 28, 1968 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. October 28, 1968. The meeting was called to order by Mayor Karlen followed by the Pledge of Allegiance and Invocation by the Reverend James Patterson of the First Presbyterian Church. The City Clerk called the roll as follows: Present: Mayor Karlen. Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Absent: None Minutes of the regular meeting of October 21, 1968 were approved as presented. Scheduled Public Statements. Mr. Roland Woodruff, attorney for the Greater Bakersfield Separation of Grade District, which has proposed the construction of the "F" Street undercrossing which will interconnect "F" Street with "A" Street under the Santa Fe Railroad tracks immediately north of the Bakersfield High School, addressed the Council. To finance the local agency's share of this project, the District has placed Proposition "H" on the ballot which asks that the District be permitted to subscribe to a bond issue not to exceed $500,000.01) in bonds. The District feels that this is of such importance to the citizens of Bakersfield and the metropolitan area, that they are asking the Council to publicly endorse this project as part of the General Master Plan for streets and highways within'the City. There is an urgency in getting this proposition approved at this time to save approximately $500,000.00 in contributions which will be made to this project by the Santa Fe Railroad Company if passed at this time. After considerable discussion, upon a motion by Councilman Heisey, Resolution endorsing the passage of Measure "H" on the ballot for the construction of the "F" Street undercrossing and urging the public to vote for this proposition for the good of the community, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Noes: None Absent: None Whittemore 31 9 Bakersfield, California, October 9.8, 1968 - Page 2 Correspondence. Mayor Karlen called attention to a request from the Kern County Historical Society for the City Council to declare the yea~? 1969 as Centennial Year for the City of Bakersfield and stated that perhaps some action can be taken at the next meeting. Action on request from the Kern County Economic Opportunity Corporation to appoint a official representative from the Council to exercise some voice in the program decisions which may affect the City's programs was deferred for a week. Council Statements. Councilman Stiern called the City Manager's attention to the existing 25 mile speed limit on Chester Avenue between Truxtun Avenue and California Avenue. He stated that he contends it is impossible to drive that stretch at 25 miles per hour, as most traffic moves at 30 miles per hour or faster. He is of the opinion that a more realistic speed limit should be setand asked the City Manager to take this up with the Traffic Authority and report back to the Council. Councilman Rees commented that he was interested in the report from Stone & Youngberg about Municipal financing which stated that out of 40 recent California bond sales, there are only five that received a lower bond interest rate than Bakersfield, and out. of that 40, only two have a similar AA rating as the City's rating:. City Manager Bergen advised that it was only two or three years ago that the City received its AA rating, at the time the first Sewer bonds were sold. Councilman Heisey stated that he had received a letter from a constituent complaining that a certain show scheduled to be shown on Cable TV Channel 2 on Sunday, October 20, 1968, was not shown. This constituent also told him that the Cable TV Company leaves its phone off the hook, so that complaints cannot be made .to the company. After discussion, Councilman Heisey moved that the letter be received and referred to Councilman Vetter's Cable TV Committee, which at the present time is reviewing the reception and service provided by the Community Antenna Company in Bakers- field. This motion carried unanimously. 320 Bakersfield, California, October 28, 1968 - Page 3 Councilman Stiern stated that the question has been raised locally relative to a report in Time Magazine about the high crime rate in the City of Bakersfield compared to other cities in the United States. He has investigated this to his satis- faction, and thinks that a statistic of this type from a national magazine does a disservice to a very outstanding police force such as the organization and men of the Bakersfield Police Depart- ment. The statistic in question came from a book which is called "Crime" published by J. Edgar Hoover, and the reason for the relatively high percentile attributed to Bakersfield is two-fold. The statistic mentioned involves Bakersfield and Kern County, the whole county is responsible for the figure attributed to Bakers- field. The second factor which he has investigated is that the Bakersfield Police Department and the Kern County Sheriff's Department does an outstanding job of reporting every crime, no matter how small. This is precise crime reporting generally not done in other Cities. Mayor Karlen stated he had occasion to discuss. this matter with Police Chief Towle and he agrees that the way statistics are recorded makes all the difference in the conclusions drawn and therefore this report is misleading. Reports. Councilman Heisey, chairman of the Water and City Growth Committee, reported on a meeting with the City Manager to consider a request of the Transit Division for the purchase of an additional bus. This request is prompted due to the fact that the transit system does not have a sufficient number of buses to supply the transportation to which the City is committed. Also, the City lacks a sufficient number of large capacity'buses due to the increased use for school contracts. for purchase will help alleviate the school route and release one ,transit The bus being recommended crowded condition on one bus for regular city routes. This bus will be used for field trip work from the contracting schools and other local student transportation, such as ,charters to camps and mountain areas. 1 Bakersfield, California, October 28, 1968 - l~age 4 The Transit Superintendent has advised that charter work has increased and the City can expect more of this work next summer. By acquiring this bus there will be no conflict with long range plans~£or the acquisition of new transit buses for the regular city routes. The bus in question is a conventional large capacity passenger carrier, diesel powered, and it will be :inspected mechani- cally before purchase. The Wafer and City Growth Committee would recommend that the Council authorize .the purchase o£ this 51 passenger bus at the price of $8,325. Sufficient funds are available and it is recommended that funds. be transferred from.the Cash Reseryc for Equipment Replace- ment Transit Operating Fund Balance to Account No. 60-160-7221. Councilman Heisey moved adoption of the report. Counci]L- man Whirremote asked where the City would be getting the bus and its age. City Manager Bergen stated it is a school type of bus and would come from the Los Angeles area. It is approximately ten years old and would be purchased subject to the City checking it mechanically. Mot~oa to adopt the report then carried unanimously. Councilman H~isey read a report of the Water and City Growth Committee, advising the Council on the selection of an Engineering Firm for the construction of the new sewer facilities in the Southwest Bakersfield area. The Committee relied upon the Public Works Department to supply them with the basic information to make a selection. It is the Committee's feeling that this work be done locally where possible. All local firms are qualified and[ several of them can handle the work without the need ~or special staf~iag. However, because of the continuing advance of the science of sewage treatment, it is necessary that the local firms associate with larger engineering firms who are familiar with these rapid advances and have the necessary sophistication. Four local firms have indicated they would enter a joint venture with specialists in the sanitary field. The Public Works Department conducted personal interviews with representatives of the local firms and the associate firms to determine their familiarization with projects of this nature. After careful evaluation, the Committee is willing to accept the recomm~endations of the Public Works Department and would recommend that the City 322 Bakersfield, Califqrnia, October 28, 1968 - Page 5 retain the firm of Rickett, Reaves and Ward in a joint venture with Engineering Science, Inc.~of Los Angeles. Other work associated with the building of the sewer facilities for south- west Bakersfield will be farmed out to other local firms at standard fees so that the City may spread as much of its business locally, as possible. Councilman Heisey moved.adoption of the report, which carried unanimously. Allowance of Claims. Upon a motion by Councilman Rees, Vouchers Nos. 1404 to 1513 inclusive, an amount of $28,266.65, as audited bY the Voucher Approval Committee, were approved, and authorization was granted for payment of same. Acceptance of bid of Thorp's Harley Davidson for Nine Solo Motorcycles. Upon a motion by Councilman Whittemore, bid of Thorp's Barley Davidson for Nine Solo Motorcycles was accepted, this being the only bid received. Adoption of Resolution of Intention No. 836 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of a portion of Butte Street in the City of Bakersfield. Upon a motion by Councilman Vetter, Resolution of In- tention No. 836 of the Council of the City of Bakersfield, Calif- ornia, declaring its intention to order the vacation of a portion of Butte Street in the City of Bakersfield, California, and setting the date of November 18, 1968 for hearing before the Council, Ayes: Noes: Absent: was adopted by the following vote: Councilmen Beisey, Hosking, Rees, Whittemore None None Rucker, Stie~n, Vetter, Bakersfield, California, October 28, 1968 - Page 6 Reception of City Clerk's Certificate of Sufficiency of Petition for Annexation of inhabited territory designated as Union No. 3. Upon a motion hy Councilman Stiern, the City Clerk's Certificate of Sufficiency of Petition for Annexation of inhabited territory designated as Union No. 3 was receivedwand ordered placed on file and the City Attorney was instructed to prepare a Resolution of Intention to call a Special Election for that purpose. Approval of Agreement with Kern Island Canal Company for installation of fencing between the Kern Island Canal and South "H" Street. Upon a motion by Councilman Whittemore, agreement with the Kern Island Canal Company for the installation of fencing between the Kern Island Canal and South "H" Street was approved and the Mayor was authorized to execute same. Approval of Change Order No. i to tile Contract for the Improvement of South "H" Street between Ming Avenue and White Lane. Upon a motion by Councilman Whittemore, Change Order No. i to Dicco, Inc. in amount of $5,622.15, to the contract for the Improvement of South "H" Street between Ming Avenue and White Lane was approved and the Mayor was authorized to execute same. Approval of Agreement with Pacific Gas & Electric Company for electrical service at the sewage pumping station which will serve the Pierce Road area. Upon a motion by Councilman Hosking, agreement with the Pacific Gas & Electric.Company for electrical service at the sewage pumping station which will serve the Pierce Road area was approved and the Mayor was authorized to execute same. Approval of Supplemental Agreement with the California Water Service Company' for extension of water facilities in Orin Way east of Pierce Road. Upon a motion by Councilman Hosking, supplemental agree- ment with the California Water Service Company for extension of water facilities in erin Way east of Pierce Road, was approved and the Mayor was authorized to execute same. Bakersfield, Cali£ornia, October 28, 1965 - Page ? Acceptance of Sewer Easement from Ming Investment Company within the £uture alignment of Akers Road south from Ming Avenue. Upon a motion by Councilman Whittemore, sewer easement from the Ming Center Investment Company for the trunk sewer to be installed in Akers Road as part of the City's southwest Bakersfield sewer project was accepted. Approval of Plans and Specifications for the Modification of Traffic Signal and Lighting Systems at Truxtun Avenue and "L" Streets. Upon a motion by Councilman Hosking, plans and specifi- cations for the modification of Traffic Signal and Lighting Systems at Truxtun Avenue and "L" Streets were approved and the Finance Director was authorized to advertise for bids. Approval of application of McCarthy Tank and Steel for encroachment permit for installation of a fence on the south side of 32rid Street between "K" Street and Jewett Avenue. Upon a motion by Councilman Hosking, encroachment permit was granted McCarthy Tank and Steel for installation of a seven foot fence on the south side of 32nd Street between "K" Street and Jewett Avenue. Hearings. This was the time set £or hearing on a request by Deeter Construction, Inc. to amend the Zoning Boundaries from an R-4-D (Multiple Family Dwelling - Architectural Design) Zone and £rom a C-O-D (Professional Office - Architectural Design) Zone to a C-1 (Limited Commercial) or more restrictive, Zone, of that certain property commonly known as 3801 Columbus Avenue. This hearing has been duly advertised and posted. At the request of Councilman Stiern, Planning Director Sceales stated that at a public hearing held October 2, 1968, the request for this change of zone was duly heard and considered, and the Planning Commission found as follows: 1. The applicant wishes to rezone this property on the northwest corner of Columbus and Oswell Street from an R-4-D and C-O-D to a C-1 Zone Bakersfield, California, October 28, 1968 - Page 2. The original intent of the Planning Commission was to zone an area large enough to accomodate a planned neighborhood shopping center to serve the residents o£ this area. The commercial zoning should not encroach into the residential neighborhood along Columbus Street as the pro- perty is presently zoned for professional offices and multiple dwellings which provide for a logi- cal transition from the nieghborhood shopping center to the multiple and single family homes in this area. 3. Several residents living on the west side of Columbus across from subject property, as well as other people in the immediate vicinity, appeared in opposition to the proposed zone change Therefore, the Planning Commission recommended that this request for a zoning change be denied. Mr. Bob King, appearing on behalf of the applicant, I)eel;er Construction Company, stated that he wanted to be sure that the Council was familiar with the precise parcel they were talking about, and pointed it out on the map in the Council[ Chambers. They are asking for the construction of a Union Oil Service Station. There presently exists a Richfield Service Station immediately across the street. He appeared before the Planning Commission when this matter came up, and it is his opinion that the deck was stacked as far as this application was concerned. The recommendations of the Planning staff were based on the-fact that there had been some cloakroom .negotiations a few years ago when this particular tract was laid out, and the staff was extremely upset because someone had come along and suggested a change in the rather vague oral committments which went on at that time. This particular area was set up with the thought in mind that it and the other areas on the same side of the street where the service station is proposed, would become some sort of a professib~nal office area and a commercial zone, that there would be a demand for this sort of construction. there for over three years, use which it was intended, This did not develop, the land has been and if it could have been used for the this would have been done. Other things have happened which should be taken into con- sideration. The new high school has been approved and construction 326, Bakersfield, California, October 28, 1968 - Page 9 will be started soon, which will, without a doubt, iacrease the traffic. Also, the extension o~ the east-west freeway will pass within a mile of this service station. In fact, the station is designed because there will be an off-ramp from the freeway which makes the service station conveniently located on the right hand side of the road for the people going home from work, which is when most people buy gasoline. He stated that the man who was the most vociferous at the Planning Commission hearing lives directly across the street and also owns the Richfield Service Station, and the other objectors are either customers, neighbors or friends of this gentleman. He added that this area deserves more service than one station can furnish. He reported on the revenue which would be derived from the operation of the service station. A representative of the Union Oil Company also explained the operation and design of the station and spoke in favor of granting the application for the rezoning. Elmo C. Poff, who resides at owner of the Richfield Service Station, 3812 Columbus Avenue, the stated he has two reasons why he doesn't want this station erected. He lives across the street and he doesn't think there is enough business for two stations in the area. He pointed out that there are ll service stations already in operation within a radius of eleven-tenths of a mile from this area. Also speaking in opposition to granting the application for the rezoning were Eugene F. Sanders of 3800 Columbus Ave.hue, and Carlie C. Long of 1312 Princeton Street and Thomas Goblirsch of 5224 Kent Drive, who oppose the change in the zone because they jointly own property in the area with the idea of constructing professional offices. Also Mr. Keith D. Berry, 3900 Ridge Moor Avenue, Don Poole of 2916.Maywood Drive,- Robert Avery of 3005 Maywood Drive and Mrs. William A. Dougan of 3824 Columbus Street. All of these persons stressed the fact that they did not want a service station in their back yards, were opposed to the noise and additional traffic which would result from a service station, and also for aesthetic reasons. Several people called attention to the corner in question being an authorized bus stop for pupils from various schools in that area and felt that it would constitute a dangerous traffic hazard for these children. 327 Bakersfield, California, October 28, 1968 - Page 10 In rebuttal, Mr. Bob King stated that in all sincerity and honesty there isn't a person present who wouldn't be opposed to having a service station built across the street from his house. And if that was the general feeling, there wouldn't be a neighbor-- hood gas station built in the city. He hopes that the Council will remember that there are several hundred other residents in the same area who would be benefited from this construction. He also pointed out that there have been a number of changes in the master plan and there should be no objection to making this change in the zoning, the property should be utilized the best way possible. There is an enormous commercial existing at this location at the present time and addition of another service station would not depreciate the value of the property in the area any more than it already is depreciated. If there is any danger to the school children, it would be no problem to simply move the bus stop to another location. He again asked that the Council approve the application, but if it is; not approved, someone will be back at some future time to have this property ultimately put in its proper use, rather than have it sitting there growing weeds. Mr~ Don Poole and Mr. Thomas Goblirsch, opponents of the. rezoning, again reiterated their previous arguments. Mayor Karlen closed the public portion of the hearing for the Council discussion and deliberation. Councilman Rees voiced his objection to Mr. King's remarks about cloakroom diplomacy, stating that as far as he can see, the public hearings have been conducted very open and above-board, and he intends to consider the proposal on this basis. He is inclined to respect the judgment of the Planning Commission which voted unanimously to reject the request. Councilman Hosking stated he has sat through many of these hearings and he used to think that one could rely on the Planning Coramission or the Board of Zoning Adjustment to make objective decisions, until it was decided that an orphanage was necessary in the Fourth Ward against the unanimous opposition of all the neighbors. Bakersfield, California, October 28, 1968 - Page 11 the area, it is sought existing one, He therefore If there wasn't a service station already located in he could see something wrong with it, but just because to put another station there in competition to the he fails to see the reason for the opposition to it.. intends to vote for this zone change. Councilman Rucker stated he agrees with Councilman Hosking, He feels that inasmuch as there is already a service station on one corner, another one would not make much difference. He is of the opinion that the Planning Commission usually tries to protect the people in the area by requiring a wall which would act as a barrier-to the noise and traffic. Councilman Heisey stated he thinks this corner is ideally located for a service station, however, he is completely in sym- pathy with the people who are protesting. Possibly, ~that piece of ground can be used for multiple apartments, which would be more acceptable to the neighborhood. He is reluctant to go against thE, unanimous decision of the Planning Commission, especially when there are so many people in the neighborhood who do not wish to accept it. However, this corner cannot be left vacant indefinitely. As Mr. King pointed out, somebody is going to be baqk to the Council again and again until something is built there. I£ it is turned down tonight and something like an apartment complex which would be compatible with the area is not built on it within the next year, he will be willing to vote in favor of rezoning this property. Councilman Stiern commented that a marvelous concept of gradualism can occur, and this concept can gradually be changed to put heavier than intended use on this corner, and then gradually change the zoning of the property to the north, particularly if a desirable tenant came along to change the whole concept of what is good zoning. Personally, he does not think thai; a service station belongs in close proximity to a residential area. The fact that one is already located there alters the zoning adjacent to it. People should know when they make an investment in a home what the potential development of an area will be and ~hould be able to depend on the assurance given them when they bought their property. Bakersfield, California, October 28, 1968-Page 12 329 Councilman Vetter stated the physical aspects of the pro- perry are important, he certainly sympathizes with the people across the street. He asked if it would be possible to defer it a week, so that he could inspect the property Which up to this point he has not been able to do. Councilman Hosking commented that the hearing was finished, it is just up to the Council to make a decision. Councilman Whittemore stated that these are always difficult decisions to make. The Council wishes to permit an owner to have the highest and best use of his property but it still can't overlook the wishes of the people in the neighborhood. He feels much as Council- man Heisey does, if it isn't granted tonight, that eventually thai; corner, which is well-suited for a commercial development, will be rezoned by the Council. It was then moved by Councilman Hosking, that an Ordinance amending Title 17 granting the rezoning with a D-Overlay, be adopted. This motion failed to carry by the following roll call vote: Ayes: Councilmen Hosking, Rucker Noes: Councilmen Heisey, Rees, Stiern, Vetter, Whittemore Absent: None Councilman Stiern moved adoption of Zoning Resolution Ne. 212 denying application of Deeter Construction, Inc. to amend Title Seventeen of the Bakersfield Municipal Code by changing the Lane Use Zoning of that certain property known as 3801 Columbus Street. roll call vote: in the City of Bakersfield commonly This motion carried by the following Ayes: Councilmen Heisey, Rees, Stiern, Vetter, Whittemore Noes: Councilmen Hosking, Rucker Absent: None Adjournment There being no further business to come before the Council, upon a motion by Councilman Whittemore, the meeting was adjourned at 10:48 P.M. ~ '~ MAYOR of the City of Bakersfiel~alif~ ATTEST: cl~~ ~n~x-~icl'o~f the Council of the City of Bakersfield, California 3: 0 Bakersfield, California, November 4, 1968 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the.Council Chambers of .the City Hall at eight o'clock P.M. November 4, 1968. The meeting was called to order by Mayor Karlen followed by the Pledge of Allegiance and Invocation by the Reverend Norman Calloway of the Wesley Methodist Church. The City Clerk called the roll as follows: Present: Mayor Karlen. Councilmen Heisey, Hosking, Rees, Rucker:. Stiern, Vetter, Whittemore Absent: None Minutes of the regular meeting of October 28, 1968 were approved as presented. Scheduled Public Statements. Mr. Gerald G. Timmermans addressed the Council ~egarding the speed limit on Kentucky Street from Baker Street to Union Avenue, stating that on the east side of Baker Street from Mount Vernon the speed limit is 35 miles per hour, and then changes to a 25 mile zone, and that several of the members of his church have been cited in this area because the speed limit changes so quickly. After discussion, upon a motion by Councilman Heisey, the matter was referred to the Traffic Authority for study and recommendation. Correspondence. Mayor Karlen called attention to a notice of a state- wide conference before the Assembly Interim Committee on Municipal and County Government on the subject of the operations of Local Agency Formation Commissions, to be held in San Francisco on November 22, 1968, stating that he would be happy to represent the City at this meeting, and he thinks someone from the staff should attend also. Councilman Stiern commented that he feels both the Mayor and Mr. ~rgen should appear at this meeting. After discussion, Councilman Vetter moved that Mayor Karlen and City Manager Bergen represent the City at this meeting, which motion carried unanimously. Bakersfield, California, November 4, 1968 - Page 2 331 Council Statements. Councilman Rees commented that he would like to commend the merchants of East Bakersfield for their efforts to upgrade the area. Meetings have been held and plans have been made for retail promotion, the area has be,n cleaned up, vacant buildings have.been boarded up to make them more presentable, and a parade is being planned. He wishes these people well and thinks they should be highly commended 1for their efforts. Mayor Karlen.stated he would second that, it is a commendable effort and he hopes it is very fruitful as well. Couneilman Reisey stated not just East.Bakersfield, but all of Bakersfield is making progress, with gr, at plans .for the future being made by the entire community. Councilman Heisey requested the Traffic Authority to investigate the parking situation on Jackson Street next to the railroad track, two blocks east and west of Baker Street. Angle parking has been enjoyed there for a number of years, .but within the last few days it has been changed to parallel parking by the Traffic Authority. The merchants and shoppers in East Bakersfield feel that this is unreasonable as there is no traffic on this street. He asked the City Manager to investigate this and if possible, have the street returned to angle parking. Reports. City Manager Bergen read a report from Lieutenant Price of the Traffic Division, regarding a complaint of unreasonable speed limit on Chester Avenue from Truxtun Avenue to California Avenue, which was discussed at last week's City Council meeting. Careful consideration was given to this when the rest of Chester Avenue, south of California Avenue, was raised to 35 miles per hour. Due to the nature of the roadway and the high accident frequency .in that area, it was determined that it should remain a 25 mile per hour zone. There have been 12 accidents in that section of Chester so far this year. These are changing lane type of accidents, rear end collisions, etc. In addition to this there Bakersfield, California, November 4, .1968 - Page 3 have been five accidents at Truxtun and Chester Avenue, and six accidents at California and'Chester Avenue. ~e to the high accident frequency on this portion of the Street, and the high accident frequency at the intersections on each.end of this section of street, the Police Department does not feel it could justify raising the speed limit at this time. There is a great deal of left turning and U-turning movement from southbound traffic on this section of the street at the end of the island at 13th Street. .It was considered that this turning move- ment be prohibited; however, this would work a hardship on the businesses on the east side of Chester Avenue at that location. For these reasons, it is felt that this portion of street should not be rezoned to a 35.mile per hour zone at the present time. Councilman Stiern made a motion that the report be received and filed, which carried unanimously. He then commented that he respected the report of the Traffic Authority, they are the experts and deal directly with the accident ratio and inter- section problems. However, he does think that portion of Chester Avenue is poorly marked to indicate that the area has a 25 mile speed limit. The traffic moves faster than that,. and if it is going to be maintained as a 25 mile zone, he would suggest that adequate marking, either by.signs along the side or painting signs on the street, or both, would be appropriate. Since it is an accident area, the traffic should move at the prescribed speed. Allowance of Claims. Upon a Motion by Councilman Rees, Vouchers Nos. 1514 to 1595 in amount of $100,072.28, as .audited by the Finance Approval Committee, were allowed, and authorization was grailted for payment of same. . Action on Bids. . Upon a motion by Councilman Hei~ey, low bid.of Wardlaw Fire Equipment Company for 4500 feet of Fire Hose was~aQcepted and all other bids were rejected. Bakersfield, California, November 4, 1968 Page 4 3'33 Upon a motion by Councilman Whittemore, low bid of Ed Fant Buick for four door sedan for the Fire Chief was accepted and all other bids were rejected. Upon a motion by Councilman Vetter, low bid of Three-Way Chevrolet for four door sedan for the Public Works Director was accepted and all other bids were rejected. Adoption of Resolution No. 103-6S of the Bakersfield City Council congratulating Mr. Allen Bottorff on his retirement as a Director of the Kern County Water Agency. Upon a motion by Councilman Stiern, seconded by Council- man Rees, Resolution No. 103-68 of the Bakersfield City Council congratulating Mr. Allen Bottorff on his retirement as a Director of the Kern County Water Agency, was adopted by the following vote:: Councilmen Reisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Ayes: Noes: None Absent: None Ayes: Noes:., None Absent: None, Adoption of Resolution No. 101-68 of the Council of the City of Bakersfield de- leting one Council meeting in the month of .November, 1968. Upon a motion by Councilman Hosking, Resolution No. 101-68 of the Council of the City of Bakersfield deleting one Council meeting in the month of November, 1968, was adopted by the following vote: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, · Whittemore Adoption of Resolution No. 99-68 finding that certain Weeds growing on property in the City of Bakersfield constitute a public nuisance and directing the Superintendent of Streets to.destroy said. Weeds. Upon a motion by Councilman Rucker, Resolution No. 99-68 finding that certain Weeds growing on property in the City of Bakers- field constitute a public nuisance and directing the Superintendent of Streets to destroy said Weeds, was adopted by the following vote,: Ayes: . Councilmen Heisey, Hosking, Rees, Whittemore Noes: None Absent: None Rucker, Stiern, Vetter, Bakersfield, California, November 4, 1968 - Page 5 Adoption of Resolution of Intention No. 837 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of an alley in Block 306, City of Bakersfield. Upon a motion by Councilman Reisey, Resolution of In- tention'No. · 837 of the Council of the City of Bakersfield, Calif- ornia, declaring its intention to order the vacation of an alley in Blcok 306, ~City of Bakersfield, and settidg date of November 25, 1968 for hearing on the matter before the Council, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Request from Gannon Construction to con- nect to existing City sewer to develop the northwest corner of 34th Street and San Dimas Street referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Hosking, request from Gannon Construction to connect to existing City sewer to develop the northwest corner of 34th and San Dimas Streets, was referred to the Planning Commission for study and recommendation. Finance Director to establish BankAmeri- card and/or Master Charge Card Account for Ticket Sales at the Bakersfield Civic Auditorium. Upon a motion by Councilman Rosking, the Finance Director was authorized to establish a BankAmericard and/or a Master Charge Card Account on a zero discount basis to be used for ticket sales at the Bakersfield Civic Auditorium so long as no ticket sales are made by the Civic Auditorium which are in competition with any private business or profit-making organiza- tion. The Finance Director was also authorized to establish Trust Bank Accounts necessary for the depositing of ticket sale proceeds received at the Civic Auditorium and the withdrawal of those proceeds upon the signature of the Finance Director and/or Auditori~um Manager, or their immediate assistants, when those proceeds are being paid to the City of Bakersfield and to the sponsors or promoters of events held at the Bakersfield Civic Auditorium. Bakersfield, California, November 4, 1968 - Page 6 Approval of Agreement with Stockdale Develop- ment Company and Kern County Land Company for the construction of California Avenue between Real Road and Stockdale Highway. Upon a motion by Councilman Sfiern, Agreement with the Stockdale Development Company and Kern County Land Company for the construction of California Avenue between Real Road and Stockdale Highway was approved, and the Mayor was authorized to execute same. Acceptance of Grant Deed from Stockdale Development Company and Kern County Land Company for the right of way required for the extension of California Avenue between Real Road and Stockdale Highway. Upon a motion by Councilman Stiern, Grant Deed from the Stockdale Development Company and Kern County Land Company for the right of way required for the extension of California Avenue between Real Road and Stockdale Highway, was accepted. Approval of Joint Exercise of Powers Agree- ment between the City of Bakersfield, Mr. Vernon Sanitation District and East Niles Community Services District. Upon a motion by Councilman Rees, Joing Exercise of Powers Agreement between the City of Bakersfield, Mt. Vernon Sanitation District and East Niles Community Services District was approved and the Mayor was authorized to execute same. Upon of the City of of part of the Public vote: Ayes: Adoption of Resolution No. 102-68 of the Council of the City of Bakersfield, pro- viding for the contributions of part of the Cost and Expenses of certain Work completed within Public Improvement Dis- trict No. 821. a motion by Councilman Hosking, Resolution No. 102-68 Bakersfield, California, providing for contributions cost and expenses of certain work completed within Improvement District No. 821, was adopted by the following Councilmen Heisey, Hosking, Rees, Rucker, Whittemore Noes: None Absent: None Stiern, Vetter, Bakersfield, California, November 4, 1968 - Page ? Hearings. This is the time set for hearing of protests, objections, or appeals in respect to the diagram, assessment and work done in Public Improvement District No. 821a (Construction and Installa- tion of a Water Supply System on Pierce Road from the east side of the Kern River Bridge on Rosedale Highway, northwest to Pierce Road and thereunto the south side of the Calloway Canal, with an easterly extension along Gulf Street for a distance of approxi- mately 1,050 feet) under and pursuant to Resolution of Intention No. 821 and the Improvement Act of 1911. The hearing has been duly posted and notices of assess- ment mailed to everyone in the District. No written protests have been received in the City Clerk's office. No one present presenting any protests or objections, the Mayor declared the public portion of the Hearing closed. Upon a motion by Councilman Heisey, Resolution No. 100-68 of the Council of the City of Bakersfield, California, making determina- tions and confirming assessments of the cost of doing the work ordered pursuant to Resolution of Intention No. 821a, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None This is the time set for public hearing on an appeal by the Neighborhood Protest Group to the decision of the Board of Zoning Adjustment granting the application of Rose & Fears, Archi-. tects, A. I. A., requesting a modification of zoning from a C-2-D (Commercial - Architectural Design) Zone, as set forth and designa- ted upon the Zoning Map incorporated within and made a part of Title Seventeen of the Bakersfield Municipal Code, to permit a modification to the parking requirements on that certain property in the City of Bakersfield commonly known as 3013 Wilson Road. This hearing has been duly advertised and posted. At a public hearing held October 8, 1968, the application was duly heard and considered and the Board of Zoning Adjustment approved the appli- cation for said modification with the condition that 59 parking Bakersfield, California, November 4, 1968 - Page 8 337 spaces be provided. Mayor Karlen read the following petition containing the names of 103 persons residing in the area: We, the undersigned, oppose the granting of a parking variance for the proposed high rise building at 3013 Wilson Road. This building is proposed by Bakersfield Christian Towers, Rose & Fears, Architect. We also feel this type of housing would £it into community plans and needs nearer the downtown area. Director of Planning Sceales explained that the structure is planned as a 13 story tower senior citizens complex in a C-2-D Zone at 3013 Wilson Road. The applicants are asking for a modifi- cation to the parking requirements and have submitted documents to show that senior citizens housing in other areas normally do not require more than one parking space for each three dwelling units, and have proposed 43 spaces. Due to the fact that 'this complex is not adjacent to a major shopping center, regional recreation and downtown, the Board of Zoning Adjustment is of the opinion that one space for each two units should be required, or a total of 59 spaces. The parking requirement of the Zoning Ordinance is 1~ spaces per unit, the primary reason for the Board of Zoning Adjustment's action. Because of the D-Overlay, these plans have been reviewed by the Planning Commission, and one of the requirements to the architect was that all windows overlooking the R-1 property to the east would have to be removed and that wing walls would be extended to the north and south, ments orientated to the nothing to do with this which would cut off the view from the apart- north and to the south. However, this had particular modification. This project is a federally assisted program and it requires that persons must be 62 years of age to qualify to rent these units. The federal government also requires that the operators of the complex provide bus service for the people living there. Mr. William Rieken of 2512 Blackstone Court addressed the Council, stating he was representing a group of the neighbors, and that they are quite concerned about the parking in the area. They were also disturbed because no publicity or explanation had come out 33S Bakersfield, California, November 4, 1968 - Page 9 regarding this project, what is being planned, etc. He feels thal; this project should be built in the downtown area where shopping facilities, etc. would be readily available to the elderly people.. He pointed out that this complex will be tax exempt which will put a burden on the City taxpayers and City facilities such as the sewers and water mains. M~. Harley Stumbaugh, 2608 Blackstone Court, Mr. Cecil Briscoe, 2309 Christopher Court, Mr. Carl Lowenc of 2305 Christo- pher Court and Mr. Ed Taylor, 2316 Christopher Court, all expressed their concern about the traffic congestion in the neighborhood, that a parking problem already exists, and cited the increased traffic the high-rise building will generate. Mr. LeRoy Rose of the firm of Rose and Fears, Architects, stated he is representing the owners of this property, which is church sponsored, and placed a chart on the wall to demonstrate his arguments. He stated this complex is tax exempt under the Act which enables it to be developed by federal fullds and is state controlled as far as taxes are concerned. They are building this complex to create a better environment for the senior citizens on the property, that is why they requested more greel~ area. If they saturate the property with 177 off-street parking spaces, it be- comes a sea of asphalt. He stated he can settle the whole problem by accepting a contingent that if needed, the owner will put in the parking as desired by the City, however, they feel that 59 spaces are ample at the present time. The government sets forth a critera on location of buildings and this site meets the critera, or else it would not be approved, these buildings are not just put any place. The utilities are ample and will be designed as such, any requirement in the area as far as utilities are concerned will be considered within the site itself, so it is no problem. They are willing to accept the Council's direction as far as requesting; more parking in the future. They have accepted all the require- ments of the Planning Commission, such as windows on the east side of the project to protect the area, in fact the whole property will be fenced in. Also, a landscaping plan will be submitted to the Planning Commission for approval. 339 Bakersfield, California, November 4, 1968 - Page 10 Councilman Heisey commented that the City must provide sewer and garbage service which will be paid out of Mr. Rose stated Class A structure, concrete throughout, detection system and smoke towers. It as far as fire is concerned. as well as police and fire protection, the tax rate. that this building will be a complete and it will have a fire is pretty well protected Councilman Vetter asked Mr. Sceales if the City has any control over the construction of the building, and Mr. Sceales replied that the zoning permits this building and the City has control only over a modification of the parking requirement and the D-Overlay. The opponents of the modification were permitted a re- buttal period and again expressed their opposition to a reduction of the parking area. Mr. Rose stated this project is new to the community and he can understand the suspicions of the neighbors, but they are not building this to injure the properties in the area, this type of project will enhance the neighborhood, will help the community. They are trying to create a good environment, a recreation area for these people, that is why they asked that the parking requirements be reduced. Mayor Karlen closed the public portion of the hearing for Council deliberations. Councilman Whittemore stated he agreed with all the people in the neighborhood, he thinks a project of this nature belongs downtown, can do relative to this type provision to cover high-rise but there isn't anything the Council of zoning, perhaps they need a zoning structures. He also raises the ques- tion regarding the water pressure, he doesn't think it will be sufficient for 118 units. The parking is the critical thing, how- ever, if there was some way to have the location of the building moved, he would make such a motion, but there isn't anything the Council can do under the existing ordinance to prevent the con- struction. He will take a stand, however, that the requirement of 177 off-street parking spaces must be observed. He is also concerned with the tax load being placed on the homeowners to provide services for a non-profit organization. He feels this is wrong. 340 Bakersfield, California, November 4, 1968 - Page 11 Councilman Heisey stated that he also is concerned with all the tax-exempt properties receiving £ree services from the City. The Council plans to take another long look at this problem before another year rolls around and hopes to come ap with a solution, properly presented so that it will be understandable, that will be acceptable to the citizens of the community. Councilman Vetter agreed with Councilman Whittemore that it is an area where the people do not want this building constructed, however, the Council has no control over the location. He dis- agrees with making it mandatory to provide 177 off-street parking spaces just because the ordinance requires it. With the entire project being fenced, the developer certainly woulcL be concerned about providing adequate parking and would do so, if it is warranted. The project would be much more attractive by having landscaped recreational areas around it. Councilman Stiern also agreed with Councilman Whirremote. As he listened to the discussion, he asked himself if it was for the good of the City. He sincerely feels that this building is in the wrong location, it would much more appropriately be placed on vacant property in the downtown area where people could shop within walking distance. The impact on the neighborhood is the thing that concerns him, and there is going to be very considerable impact. The people have a right to be concerned about what happens to their water pressure, they have a right to be cencerned about the tax-exempt status of this complex, insofar as the cost to the City of the services which are provided to them. If it is going to be located where it is, the people who live around it should not be penalized by expecting them to live with congested parking and the type of thing that could accrue from inadequate parking on the site. It should be self-contained and provide its own parking. 341 Bakersfield, California, November 4, 1968 - Page 12 Councilman Rees commented that he disagrees with Council- man Whirremote, if 59 parking spaces are adequate, he doesn't feel 177 spaces should be required, especially if the modification can be granted with the condition that more parking spaces will be made available if they are required. He asked what protection the City would have if more parking was needed. How would this be legally enforced. City Attorney Hoagland stated this could be approved and conditioned and the condition would have to be liw~d up to. If necessary, the City could notify these people that the additional parking must be put in. After considerable discussion, it was moved by Councilman Whittemore, that Zoning Resolution No. 213 denying modification of the Land Use Zoning Ordinance of the City of Bakersfield to permit the construction, operation and maintenance of a senior citizens apartment complex with the reduction of the off-street parking requirements on that certain property commonly known as 3013 Wilson Road, be adopted. This motion carried by the £ollowing vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Abstaining: Councilman Hosking Adjournment. There being no further business to come before the Council, upon a motion by Councilman Stiern, the meeting adjourned at 10:20 MAYOR of the City of Bakersfield, Calif. ATTEST: CITY CLERK and Ex-Ofi~icfo C/erk of the Council of the City of Bakersfield, California Bakersfield, California, November 18, 1968 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. November 18, 1968. Mayor Karlen was delayed by an engagement at the Civic Auditorium and the meeting was called to order by Vice-Mayor Richard Stiern followed by the Pledge of Allegiance and Invocation by the Reverend Stacy Adams of the Kern County School of Christian Religion. The City Clerk called the roll as follows: Present: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Absent: Mayor Karlen (Took his seat at 8:30 P.M.) Minutes of the regular meeting of November 4, 1968 were approved as presented. Correspondence. Upon a motion by Councilman Rucker, communication from Vizzard, Baker, Sullivan, McFarland & Long, expressing opposition to the widening of Truxtun Avenue between "F" and "H" Streets, and stating that it was their understanding that no further actio]~ would be taken on this project without notice, as the undercrossing request to the electorate had failed, was received and ordered placed on file. City Manager Bergen referred to the minutes of the May 6, 1968 meeting at which time considerable discussion was held on this project, which indicated that the Public Works Department had been instructed to re-evaluate and provide justification for this project at the time the plans and specifications are brought to the Council for approval. The Manager is of the opinion that these instructions to the administrative staff would still be in effect and the Public Works Department will submit a report on the necessary traffic count and the justification for the left hand turn movements and traffic signals with the plans and speci- fications at the time the project is submitted for approval. Bakersfield, California, November 18, 1968 - Page 2 Upon a motion by Councilman Rucker, communication from Mr. Milton Miller suggesting that a moratorium on downtown over- time parking be maintained during the holiday season, was received and ordered placed on file, and referred to the appropriate commi-~tee for study. City Manager Bergen commented that the Council, and Mr. Miller, are aware that the parking meter question was referred to the administrative staff several weeks ago by the entire Council, and the staff is in the process of preparing this report. The Traffic Authority has submitted a preliminary report and a meeting has been scheduled with the parking committee of the downtown busi- ness association with the idea that this would be the starting poJ. nt. Discussions will be expanded to include the entire membership of the downtown business association, and then come back to the parking committee of the Council, which in turn will submit its report to the entire Council. Therefore, the process of evaluating the parking meter question is being carried on at this time. Councilman Hosking stated he has discussed this matter with Mr. Miller and told him that generally, he was in favor of his idea, but only if the merchants will indicate to the Council that this is something that they want. He thinks it is important that the matler be evaluated with the merchants before the Council takes any action. Everyone will appreciate a moratorium on parking, but it could create a worse traffic problem than already exists, especially this time of the year. The City Clerk read a communication from Mr. Charles Brockett, expressing appreciation to the Bakersfield City Fire Department for the great expediency with which it rallied to a recent fire at his motel building at 350 Oak Street in Bakersfield. Council Statements. Councilman Rees commented that the people who were served by the old Crest Water Company which was taken over by the Califor- nia Water Service Company in 1966, are still paying rates for their water which are considerably~higher than those paid in other parts Bakersfield, California, November 18, 1968 - Page 3 of the City, and quoted the rates in the Crest tariff area. Many home owners in his ward are concerned about how long a period of time they are going to be required to pay these nearly double rates. He then moved that the Council direct the City Attorney to explore ways and means and the feasibility of requesting the Public Utilities Commission to re-evaluate the rate schedule paid in the Crest tariff area. Councilman 8tiern asked Councilman Rees if he was aware that the California Water Service Company has been granted the right to establish a differential rate in this area, and that when the company started pumping water up to College Heights the people in the flatlands were assessed an additional charge by the company in order to make the water available to the Crest area. City Attorney Hoagland stated he had a copy of the order' and opinion from the Public Utilities Commission dated January 18, 1966, effectuating the transfer of the Crest Water Company to the California Water Service Company system, which points out that although it is found reasonable for the owner to adopt sellers rates initially, a determination should be made in future rate proceedings, as to whether zone rates are still warranted. In conversation with Councilman Rees, he had suggested that perhaps the rates in the Crest area could be reduced without a corresponding rate increase on the other areas in Bakersfield, because of possible amortization of the $440,000 spent for the change over of the ser- vices. He would like to discuss this matter with the Public Utilities Commission and also the California Water Service Company, to see if these rates could be equalized without a corresponding rate increase. Vote was then taken on Councilman Rees' motion which carried unanimously. Councilman Vetter stated that he feels in view of the almost two to one vote against the underpass at "F" Street, that the Grade District and the City should evaluate the proposed plan to widen "A" Street. There is no question that a good case can be 345 Bakersfield, Cali£ornia, November 18, 1968 - Page 4 made for the underpass to provide access to the downtown area from California Avenue, the new California Avenue extension and the development out there, but he doesn't believe a good case can be made for the widening of "A" Street itsel£. The people in the southwest area of Bakersfield are very much opposed to any change in this street, particularly, if they are going into a major arterial like "M" Street. He agrees with their opposition and thinks that the Council should look long and hard at any anticipated plans for the widening o£ "A" Street. Councilman Hosking stated he has talked to several people about this in an ef£ort to find out why there was so much opposition to the "F" Street underpass and discovered the major reason they voted "NO" on the underpass was not because of any financial burden due to the bonds, but they could not conceive of an underpass on "F" Street, they don't think it is a good place for it. The more he thinks about it, the more he is inclined to agree with them. If they are going to have a grade separation, it probably should be an overpass across the tracks, and if they are going to use "A" Street as an arterial, then thought should be given to running "A" Street right across the tracks by an overpass or an underpass directly, instead o£ swinging around over on to "F" Street, which doesn't make sense to the voter, or anyone else who isn't familiar with this plan. Many people didn't vote for it because they didn't care for the location, they thought it should be located on "M" Street. Councilman Vetter commented that the people in the south- west aren't as concerned with the location of the underpass as they are about the widening of "A" Street. That street is completely residential, there isn't any commercial area there at all, and a46 Bakersfield, California, November 18, 1968 - Page 5 they feel that once a grade separation is finally constructed there, it would make "A" Street comparable to Oak or "H" Street. Mayor Karlen stated there isn't any question about it being primarily residential, it is high density residential, how- ever, there is commercial on one corner. City Manager Bergen pointed out that the "F" to '!A" Street undercrossing as proposed, is not going to affect "A" Street too much. The key to the widening and improvement and utilization of the additional right of way on "A" Street will de~end on the improvement and construction of "A" Street south of Brundage Lane, when "A" Street is connected between Ming Road and Bru~dage Lane, then there will be a reason for the improvement. Prior to that time, he doesn't think the expenditure of any funds on the widening of "A" Street would be justified. The reason that an underpass is considered on "F" Street and on "H" Street, is that there is not sufficient distance to get down to grade at Truxtun .Avenue. Everyone would have pre- ferred an overpass, but it couldn't be built from an engineering standpoint and get it to grade. In fact, an overpass would be more economical than an underpass, there aren't the drainage problems and this type of thing. Reports. City Manager Bergen read a report prepared by R. O. Price, Lieutenant of the Traffic Division, on a study of the speed limit on Kentucky Street, which was requested as a result of a complaint by Gerald G. Timmermans to the City Council at its meeting of November 6, 1968. Lieutenant Price stated that to raise the speed limit from 25 miles per hour to 35 miles per hour would be unreasonable and extremely unsafe. The street is properly posted, with 25 mile per hour signs just west of Beale Avenue for westbound traffic and just east of Union for eastbound traffic. Another 25 mile per hour sign is being installed just west of Baker Street 347 Bakersfield, California, November 18, 1968 - Page 6 for those persons turning off Baker Street on to Kentucky Street, the sign is not legally required, but is being added for additional warning. He, therefore, recommended that the speed limit of 25 miles per hour on Kentucky Street from Beale Avenue to Union Avenue be retained. Upon a motion by Councilman Heisey, the report was received and ordered placed on file, with a copy to be sent to Mr. Timmermans for his information. Mr. Bergen read a report on angle parking on Jackson Street submitted by R. O. Price, Lieutenant of the Traffic: Division, in response to a request by Councilman Beisey at the November 6, 1968. Council meeting, that a study be made of the change from angle to parallel parking on Jackson Street and, if possible, that the parking be returned to angle parking. Lieutenant Price advised that Jackson and Lake Streets are two of the last streets within the City where angle parking has been permitted. A study was run at two different times during the year and it was found that there were never more cars parked on Jackson or Lake Street than could be parked parallel, with still some space left over. Therefore~ the change from angle to parallel will not deprive anyone of parking in the same area. Since the Post Office has moved off Jackson Street, the parking on Jackson Street is even less congested than when the previous survey was taken. In addition to this, five accidents occurred on Jackson Street which might have been prevented had the vehicles been parked parallel. Angle parking is the easiest type of parking for people to pull into, but it is the most difficult and hazardous to get out of because there is a certain period of time in which the operator of the vehicle cannot see a safe distance down the street. Because of the narrowness of the street, the traffic accident pattern which has developed, and the fact that there is still adequate parking ill the area, it is recommended that the street not be changed back to angle parking. Upon a motion by Councilman Heisey, the report was received and ordered placed on file~ and copy was ordered sent to Mr. Roy Warren for his information. Bakersfield, California, November 18, 1968 - Page 7 1747 Finance Approval Committee, were allowed, granted for payment of same. Action on Bids. Upon a motion by Councilman Hosking, Allowance of Claims. Upon a motion by Counqilman Rees, Vouchers Nos. 1596 to inclusive, in amount of $106,699.92, as audited by the and authorization was bid of A-C Electric Company for modification of Traffic Signal and Lighting System at Truxtun Avenue and "L" Street was accepted, this being the only bid received, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Whittemore, low bid of Three-Way Chevrolet Company for five Dump Trucks was accepted, and all other bids were rejected. Upon a motion by Councilman Vetter, low bid of Three-Way Chevrolet Company for four Pickup Trucks was accepted and all other bids were rejected. Upon a motion by Councilman Heisey, low bid of Barber Pontiac for Four Door Sedan for the Police Department was accepted and all other bids were rejected. Adoption of Resolution No. 104-68 of the Council of the City of Bakersfield de- claring its intention to call a Special Election in certain inhabited territory contiguous to said City proposed to be annexed thereto, for the purpose of sub- mitting to the qualified electors residing in said territory the question whether said territory shall be annexed to the City of Bakersfield and fixing a time and place when and where any person owning real property within such terri- tory may appear before the Council and show cause why such territory should not be so annexed (Union No. 3). Upon a motion by Councilman Vetter, Resolution No. 104-68 of the Council of the City of Bakersfield declaring its intention to call a Special Election in certain inhabited terri- tory contiguous to said City proposed to be annexed thereto, for the purpose of submitting to the qualified electors residing in said territory the question whether said territory shall be annexed 349 Bakersfield, California, November 18, 1968 - Page 8 to the City of Bakersfield and fixing December 16, 1968, in the Council Chambers, as the time and place when and where any person owning real property within such territory may appear before said Council and show cause why such territory should not be so annexed (Union No. 3), was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Claim from Royal-Globe Insurance for damage to automobile of Stanley E. Sampson referred to the City Attorney. Upon a motion by Councilman Rucker, claim from Royal-Globe Insurance for damage to automobile of Stanley E. Sampson, was referred to the City Attorney. Approval of request from James Martinez, Motor Coach Operator, for 40 day leave of absence without pay. Upon a motion by Councilman Stiern, request from James Martinez, Motor Coach Operator, Transit Division, :for a 40 day leave of absence without pay, was approved. Approval of request for annexation to the City of Bakersfield of property located in Sections 3 and 10 (First Baptist Church of Bakersfield.) Upon a motion by Councilman Vetter, request for annexa- tion to the City of Bakersfield of that certain property located in Sections 3 and 10, T 30 S., R 27 E., MDM, in the County of Kern (First Baptist Church of Bakersfield), was approved and referred to the City Engineer and City Attorney for referral to the Local Agency Formation Commission. First reading given proposed ordinance initiated by the Planning Commission to amend Section 17.29.040 (Front Yard) of Chapter 17.29 (Civic Center) Zone of the Municipal Code of the City of Bakersfield. First reading was considered given a proposed ordinance initiated by the Planning Commission to amend Section 17.29.040 (Front Yard) of Chapter 17.29 (Civic Center) Zone of the Municipal Code of the City of Bakersfield. 350 Bakersfield, California, November 18, 1968 - Page 9 Approval of exchange of property at the Sanitary Land Fill. Upon a motion by Councilman Rees, approval was given to an exchange of a 9.47 acre parcel westerly and adjacent to the sanitary land fill property being offered to the City by Betdell L. Dickinson for a narrow strip of land along the top of the bluff, and the Mayor was authorized to execute the deed. The two parcels have been appraised and the exchange would require a pay- ment to the City in the amount of $8,956.00. During discussion, Councilman Whittemore commented that he is of the opinion the City is going to have to change its policy on appraisals of property in major projects to conform more closely with the way the County handles its appraisals. The County pays a maximum on appraisals of large parcels. He thinks in many instances the City has been overpaying for appraisals received. When this does come up in the future, it should either be referred to a committee to make a report to the Council or the work contracted out where there are major acquisitions, to take a close look at the amount paid for appraisals. C(~ncilman Stiern commented that the point is well taken. Approval of boundaries of Panoramic Heights No. 2 annexation. Upon a motion by Councilman Heisey, revised boundaries of Panoramic Heights No. 2 annexation were approved and was referred to the City Engineer and City Attorney for referral to the Local Agency Formation Commission. Approval of increase in Agreement No. 93-68 with the County of Kern for City's participation in Traffic Signal installation at White Lane and Wible Road. Upon a motion by Councilman Whittemore~ increase in Agreement No. 93-68 with the County of Kern for a maximum amount of $10,000 to $11,500 for the City's participation in traffic signal installation at White Lane and Wible Road was approved. ,351 Bakersfield, California, November 18, 1968 - Page 10 Acceptance of Work and Notice of Com- pletion for the installation of Traffic Signals and Lighting at the intersection of 21st Street with "F" Street and "L" Street. Upon a motion by Councilman Hosking, the Work was accepted and the Mayor was authorized to execute the Notice of Completion for the installation of Traffic Signals and Lighting at the intersection of 21st Street with "F" Street and "L" Street. Approval of Plans and Specifications for the construction of California Avenue between Real Road and Stockdale Highway. Upon a motion by Councilman Stiern, plans and specifications for the construction of California Avenue between Real Road and Stock- dale Highway were approved and the Finance Director was authorized to advertise for bids. Approval of Street Lighting Plans for Tracts 3202 and 3211. Upon a motion by Councilman Vetter, Street Lighting Plans for Tracts 3202 and 3211 were approved. Acceptance of Work and Mayor authorized to execute Notice of Completion for the construction of automatic irrigation systems and tree planters in median islands on various major city streets. Upon a motion by Councilman Heisey, the Work was accepted and the Mayor was authorized to execute the notice of completion for the construction of automatic irrigation systems and tree planters in median islands on various major city streets. Application for Encroachment Permit granted Community National Bank at 1810 Chester Avenue. Upon a motion by Councilman Hosking, Encroachment Permit was granted the Community National Bank to install two tree wells along Chester Avenue, 3" to 6" exterior wall encroachment along Chester Avenue frontage, and 6 portable planters along alley side- walk adjacent to the bank building, subject to the owner maintaining the portable planters. 352 Bakersfield, California, November 18, 1968 - Page 11 Hearings. This was the time set for hearing before the Council on its intention to order the vacation of a portion of Butte Street in the City of Bakersfield. This hearing was duly posted and has been approved by the Planning Commission. No protests or objections being received, the Mayor closed the public portion of the hearing for Council discussion and deliberation. After discussion, upon a motion by Councilman Rucker, Resolution No. 105-68 ordering the vacation, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, 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 9:30 P.M. City ~C a 1 li~. MAYOR of the of Bakersfield, ATTE ST: CITY ULERK and Ex-Offic~o Clerk of the Council of the City of Bakersfield, California Bakersfield, California, November 25, 1968 353 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. November 25, 1968. The meeting was called to order by Mayor Karlen followed[ by the Pledge of Allegiance and Invocation by the Reverend Clifford Dichau of the Belle View Baptist Church. The City Clerk called the roll as follows: Present: Mayor Karlen. Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Absent: None Minutes of the regular meeting of November 18, 1968 were approved as presented. Correspondence. Upon a motion by Councilman Rees, Resolutions from the City of Upland and the City of National City urging members of the United States Congress, the State of California Legislators and all the Federal and State Government officials to seriously consider closing the United States - Mexican Border to American minors seeking entry into Mexico unless accompanied by parents or other responsible adults because the distribution and use of dangerous drugs, marijuana and narcotics by American minors has become an extremely serious problem, were received and ordered placed on file. Council Statements. Councilman Stiern stated that at the meeting of the Associa- tion of Kern County Cities held in Tehachapi last Thursday night, l~here was a report given by a special committee from that group relative to the possible county-wide abolition of dog licensing fees. It was suggested that the proposal by the committee be referred to each Council for study and recommendation, for subsequent recommendation to the Board of Supervisors. He thinks it would be appropriate for this Council to go on record on the subject and moved that it be referred to the Budget Reivew an~ Finance Committee for study and recommendation. This motion carried unanimously. 354 Bakersfield, California, November 25, 1968 - Page 2 Councilman Heisey commented that in the absence of Mayor Karlen, he had the pleasure of representing the City of Bakers- field last Saturday night at the Garces High School to welcome Bishop Timothy Manning of the Fresno diocese on the occasion of the Italian-Catholic Federation meeting. It was an outstanding affair, representatives attended from all over the State and from the San Joaquin Valley, and everyone seemed pleased that the City acknowledged the presence of the Bishop and presented him with a plaque. Councilman Heisey asked the City Attorney to draw up a resolution for adoption by the Council at its next meeting, urging the State Division of Highways to erect appropriate signs at the off-ramps of the freeway on Monterey Street and Beale Avenue to indicate the East Bakersfield Business and shopping districts and the International Village area. There is a strong feeling about this in East Bakersfield and letters will be sent along with the City's resolution from the businessmen in that area. and from the East Bakersfield Progressive Club, requesting that this action be taken. Councilman Rees seconded Councilman Heisey's request, stating that if the Council puts its weight behind this, the State Division of Highways will probably act on the matter. Councilman Stiern stated he goes along with Mr. Heisey's intent, and, as he has said many times, the construction and signing of the crosstown freeway more or less leads him to believe that it was done intentionally to neutralize the Baker Street and Union Avenue shopping areas. Mayor Karlen thanked Councilman Heisey for attending the meeting at the Garces High School on Saturday. Both he and the City Manager were in San Francisco and appeared before the Assembly Interim Committee on Municipal Affairs at which the Local Agency Commission was discussed. 355 Bakers£ield, California, November 25, 1968 - Page 3 Allowance of Claims. Upon a motion by Councilman Rees, Vouchers Nos. 1748 to 1862 inclusive, in amount of $66,907.48, as audited by the Finance Approval Committee, were allowed and authorization was granted for payment of same. Adoption of Ordinance No. 1761 New Series of the Council of the City of Bakersfield amending Section 17.29.040 (Front Yard) of the Muni- cipal Code of the City of Bakersfield. Upon a motion by Councilman Heisey, Ordinance No. 1761 New Series of the Council of the City of Bakersfield amending Section 17.29.040 (Front Yard) of the Municipal Code of the City of Bakers- field was adopted by the £ollowing vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Adoption of Resolution No. 106-68 of the Council of the City of Bakersfield fixing a time and place for hearing protests by persons owning real property within terri- tory designated as "Auburn No. 1"~ proposed to be annexed to the City of Bakersfield. Upon a motion by Councilman Rucker, Resolution No. 106-68 of the Council of the City of Bakersfield fixing January 6, 1969 in the Council Chambers of the City Hall as the time and place for hearing protests by persons owning real property within territory designated as "Auburn No. 1" proposed to be annexed to the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Adoption of Resolution No. 107-68 of Intention to include within the Greater Bakersfield Separation of Grade District a portion of certain territory designated as "Auburn 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 Stiern, Resolution No. 107-68 of Intention to include within the Greater Bakersfield Separation of Bakersfield, California, November 25, 1968 - Page 4 Grade District a portion of certain territory designated as "Auburn No. 1" and setting January 6, 1969 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 Ayes: following vote: Councilmen Heisey, Hosking, Rees, Rucker, Whittemore Approval of request from Bakersfield Neon Sign Company for permit to erect a 90' above grade to top of sign to advertise a new Coffee Shop and Restau- rant to be located at the southwest corner of California Avenue and Real Road. Noes: None Absent: None Stiern, Vetter, 90' above grade to top of sign, was given Council approval. Approval of Specifications for Assistant Finance Director (128). Upon a motion by Councilman Rees, specifications for Assistant Finance Director Approval of Tracts 3210, (128) were approved and adopted. Street Lighting Plans for 3203 and 3209. Upon a motion by Councilman Heisey, Street Lighting Plans for Tracts 3210, 3203 and 3209 were approved. Acceptance of Map of Tract 3211 and Mayor authorized to execute contract and specifications for improvements in said Tract. Upon a motion by Councilman Stiern, it is ordered that the Map of Tract 3211 be, and the same is hereby approved; that all the easements, drives, lanes 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. 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 the improvements in said Tract. southwest corner of California Avenue and Real Road which will be After discussion, upon a motion by Councilman Stiern, seconded by Councilman Heisey, request from Bakersfield Neon Sign Company for a permit to erect a free standing on premises sign to advertise a new Coffee Shop and Restaurant to be located at the 357 Bakersfield, California, November 25, 1968 - Page 5 Acceptance of Map of Tract 3203 and Mayor authorized to execute Contract and Specifications for improvements in said Tract. Upon a motion by Councilman Stiern, it is ordered that the Map of Tract 3203 be, and the same is hereby approved; that all the easements, drives, streets, ways, courts and avenues shown upon s~id 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 Pro- lessions Code, the Council of the City of Bakersfield hereby waives the requirements of signatures of the following: NAME Southern California Gas Company Kern County Land Company Crestmont Oil Company NATURE OF INTEREST Pipeline Easement in Montclair Street at Marella Way Mineral rights below a depth of 500 feet with no right of surface entry Oil and Gas Lease Rights to surface use relinquished 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 to execute the Contract said Tract. of Bakersfield, and the Mayor is authorized and Specifications for the improvements in Approval of Construction Change Order No. 2 to Dicco, Inc. to the contract for the Paving and Improving of South "H" Street between Ming Avenue and White Lane. Upon a motion by Councilman Whittemore, Construction Change Order No. 2 to Dicco, Inc. to the contract for the Paving and Improving of South "H" Street between Ming Avenue and White Lane in amount of $1,340.00, was approved, and the Mayor was authorized to execute same. 35S Bakersfield, California, November 25, 1968 - Page 6 Adoption of Resolution of Intention No. 801-A of the City Council of the City of Bakersfield, California, declaring :its intention to order certain acquisitions and improvements within the incorporated territory of said City and within the unincorporated territory of the County of Kern pursuant to the Municipal Improve- ment Act of 1913; describing the District to be benefited by said acquisitions and. improvements and to be assessed to pay the cost and expense thereof; determining and declaring that Bonds shall be issued under the Improvement Act of 1911 to re- present unpaid assessments; ordering a portion of the cost and expense of said acquisitions and improvements to be paid by said City and said County; providing for the use of any surplus amount remaining in the improvement fund after completion of the improvement and referring the proposed acqui- sition and improvement to the City Engineer to make and file a written report. Upon a motion by Councilman Hosking, Resolution of Intention No. 801-A of the City Council of the City of Bakersfield, California, declaring its intention to order certain acquisitions and improvements within the incorporated territory of said City and within the unincorporated territory of the County of Kern pursuant to the Municipal Improvement Act of 1913; describing the District to be benefited by said acquisitions and improvements and to be assessed to pay the cost and expense thereof; deter- mining and declaring that bonds shall be issued under the Improve- ment Act of 1911 to represent unpaid assessments; ordering a portion of the cost and expense of said acquisitions and improve- ments to be paid by said City and said County; providing for the use of any surplus amount remaining in the Improvement Fund after completion of the improvement and referring the proposed acquisi- tion and improvement to the City Engineer to make and file a written report, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern,.Vetter, Whittemore Noes: None Absent: None 359. Bakersfield, California, November 25, 1.968 - Page 7 Acceptance of Report o£ the City Engineer under the Municipal Improvement Act of 1913 on proposed acquisitions and improve- ments for Public Improvement District No. 801-A (White Lane & Hughes Lane). Upon a motion by Councilman Whittemore, the City Engineer's report under the Municipal Improvement Act of 1913 on proposed acqui- sitions and improvements for Public Improvement District No. 801-A (White Lane & Hughes Lane) was accepted and ordered placed on file. Adoption of Resolution No. 109-68 of the City Council of the City of Bakersfield, California, approving a report prepared pursuant to the Municipal Improvement Act of 1913; and fixing the time and place for hearing protests and objections to the acquisitions, improvements, diagram and assessment described and contained in said report and whether such public convenience and necessity requires such acquisitions and improvements and giving Notice thereof. Upon a motion by Councilman Rees, Resolution No. 109-68 of the City Council of the City of Bakersfield, California, approving a report prepared pursuant to the Municipal Improvement Act of 1913; and fixing January 13, 1969 in the Council Chambers of the City Hall as the time and place for hearing protests and objections to the acquisitions, improvements, diagram and assessment described and contained in said report and whether such public convenience and necessity requires such acquisitions and improvements and giving notice thereof, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Adoption of Resolution No. 110-68 of the City Council of the City of Bakersfield, California, directing the City Clerk to give notice inviting sealed bids for the purchase of Improvement Bonds and tile construction of Street Improvements. Upon a motion by Councilman Whittemore, Resolution No. 110-68 of the City Council of the City of Bakersfield, California, 360 Bakersfield, California, November 25, 1968 - Page 8 directing the City Clerk to give notice inviting sealed bids for the purchase of improvement bonds and the construction of street improvements, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Hearings. This is the time set for public hearing on Resolution of Intention No. 837 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of the alley in Block 306, City of Bakersfield. This hearing has been duly posted and the vacation has been approved by the Planning Commission. Request for the vacation was made by Warde D. Watson Realty Co., agent for the property owners. No one present offering any protests or objections, the Mayor closed the public portion of the hearing for Council deli- beration. Upon a motion by Councilman Hosking, Resolution No. 108-68 ordering the vacation was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: None Adjournment. There being no further business to come before the Council, adjourned at 8:45 P. upon a motion by Councilman Vetter, the meeting wa~ MAYOR o~ the City of Bakersfield, Calif. ATTEST: CITY CLERK and Ex-(%ff'icio Clerk of the Council of the City of Bakersfield, California Bakersfield, California, December 2, 1968 361 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at seven o'clock P.M. December 2, 1968. The meeting was called to order by Mayor Karlen, followed by the Pledge of Allegiance and Invocation by the Reverend Harry The City ~lerk called the roll as follows: Present: Mayor Karlen. Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Absent: None Minutes of the regular meeting of November 25, 1968 were approved as presented. Council recesses for executive session. This meeting was called for seven o'clock P.M. and the Council recessed at 7:20 P.M. to go into executive session with the City's counsel to discuss litigation involving 'the lighting system in the Civic Auditorium. The Council reconvened at 9:35 P.M. Mayor Karlen left the meeting and Vice-Chairman Stiern acted as presiding officer. Reports. City Manager Bergen reported that the official count of the City's special census had not been received, but the results so far indicate that the count is slightly less than the population figure at the present time, therefore, the City probably will not certify the count. Upon a motion by Councilman Hosking, report from Speer, Chavez and Ruggenberg, Outside Auditors, on the Annual Audit, was received and referred to the Governmental Efficiency Committee. Allowance of Claims. Upon a motion by Councilman Rees, Vouchers Nos. 1863 to 1943, as audited by the Finance Approval Committee were allowed, and authorization was granted for payment of same. Berg of the University Avenue Christian Church. Bakersfield, California, December 2, 1968 - Page 2 Action on Bids. Upon a motion by Councilman Heisey, all bids received for annual contract for lubricating oils and greases were rejected, the specifications were ordered re-evaluated, and authorization was granted to advertise for bids at a later date. Approval of Agreement with East Bakers- field Progressive Club for Holiday Decorations. Upon a motion by Councilman Rucker, Agreement with the East Bakersfield Progressive Club for Holiday Decorations was approved and the Mayor was authorized to execute same. Approval of Agreement with the Downtown Business Association for Holiday Decora- tions. Upon a motion by Councilman Hosking, Agreement with the Downtown Business Association for Holiday Decorations was approved, and the Mayor was authorized to execute same. Acceptance of letter of resignation of Donald M. Hart as Member of the Bakers- field Police Civil Service Commission, effective December 1, 1968. Upon a motion by Councilman Rees, letter of resignation from Mr. Donald M. Hart as Member of the Police Civil Service Commission effective December 1, 1968, was accepted, and a letter of commendation was ordered sent to Mr. Hart. Appointment of Mr. Ray Arnett to fill vacancy on the Bakersfield Police Civil Service Commission created by the resig- nation of Mr. Donald M. Hart. Councilman Hosking nominated Mr. Ray Arnett to fill the vacancy on the Bakersfield Police Civil Service Commission created by the resignation of Mr. Donald M. Hart, which motion was seconded by Councilman Vetter. Councilman Rees nominated Mr. Tom Jarvis to serve on this Commission. Secret ballot was taken and tallied 363 Bakersfield, California, December 2, 1968 - Page 3 by the City Clerk, who declared that Mr. Arnett was the successful candidate. Upon a motion by Councilman Heisey, an unanimous vote was cast for Mr. Arnett to fill the vacancy on the Bakersfield Police Civil Service Commission. Reception of Certificates of Election from County Clerk of all Votes cast for City Measures A, B and C at the General Election held on November 5, 1968. Upon a motion by Councilman Vetter, Certificates of Election of all votes cast for City Measures A, B and C at the General Election held on November 5, 1968 were received and ordered placed on file. The results of the election were as follows: MEASURE A PROPOSITION 1 YES NO TOTAL Shall PLAZA NO. 1 be annexed to the City of Bakersfield and the property in such territory be, after such annexation, subjected to taxation equally with the pro- perty within the City of Bakers- field, to pay the bonded indebtedness of the City of Bakersfield out- standing for the acquisition, construction or completion of municipal improvements? 2,157 2,757 4,914 MEASURE B PROPOSITION 2 Amends Sections 66, 145, 147, 150 and 153 of the Charter of the City of Bakersfield and repeals Sections 146 and 156 of the City Charter 13,658 7,669 21,327 MEASURE C PROPOSITION NO. 3 That Sections 165, 166, 167, 171, 172, 173, 174, 175, 176. 177, 178, 179, 180, 181, 182, 182½, 201, 203, 204 and 238 of the City Charter of the City of Bakersfield be repealed 12,665 8,165 20,830 Acceptance of Work and Mayor authorized to execute Notice of Completion of Con- tract for Construction of Sewer Line in Montclair Drive. Upon a motion by Councilman Rees, the Work was accepted, and the Mayor was authorized to execute the Notice of Completion for the construction of a Sewer Line in Montclair Drive. Bakersfield, California~ December 2, 1968 - Page Action on Resolution for Federal Grant under Open Space Land Grant Program deferred for one week. It was moved by Councilman Rucker, that Resolution for a Federal Grant under Open Space Land Grant Program be adopted. Councilman Heisey commented that he did not believe this had ever been referred to any committee, and that he would like to have it held over for a week for study. City Manager Bergen pointed out that this application is for a federal grant of 50 percent of the cost of acquisition and development of a twenty acre park site in the vicinity of West High School, and that the City's portion of this improvement is in the Capital Improvement Budget. The City has budgeted $136,000 and all the improvements can be made in this park if a grant can be obtained for half the cost. After dis- cussion, substitute motion was made by Councilman Vetter, that action on the matter be deferred for one week for study by the Council. This motion carried with Councilman Rucker voting in the negative. Hearings. This was the time set for a public hearing on the initiated action by the Planning Commission to amend the zoning boundaries from a C-2 (Commercial) Zone to a C-2-D (Commercial - Architectural Design) or more restrictive, Zone, of that certain property located northerly of 30th Street, westerly of "H" Street, southerly of Golden State Avenue and easterly of the relocated Stine Canal Extension. This hearing has been duly advertised and posted and no written protests have been filed in the City Clerk's office. At a public hearing held November 6, 1968, the Planning Commission considered the application of the "D" Overlay to this parcel. After due consideration, the Planning Commission recommended that the "D" Overlay be applied to a 150 foot strip adjacent to the residential area to insure a compatible development of the C-2 zoned area with the adjacent R-1 residential areas. In dis- cussing this with the owner, John Deeter, the Staff found he has no plans for development of this area for commercial uses. It is 365 Bakersfield, California~ December 2, 1968 - Page 5 the Commission's recommendation that the "D" Overlay be applied to protect the residential neighborhood from possible detrimental and conflicting developments. Mr. Dewey Sceales, representing the Planning Commission, presented the findings of the Commission to justify the change of the zone, stating that the Commission £elt, because o£ the proximity of the residential property, that there should be a review of any plans which the owner may have to develop the C-2 property. Both Mr. Harry B. Critzer, who resides at 3001Jacaranda Street, and Mr. Virgil Likins of 3232 Mulberry Drive, spoke in favor of the "D" Overlay being placed on this property, basically for the protection of the adjacent property owners. Mr. Likins stated he wasn't aware that this area was zoned commercially at the time he purchased his property. Mr. John Deeter, developer of the whole area, addressed the Council, stating that for the record he is completely against any type of rezoning of this property. A master plan was put on the whole property when he annexed to the City and a compromised was reached whereby this portion of the subdivision was zoned C-2. He is sure that everyone who purchased residential property in the area was in£ormed by his office that it was zoned C-2, and that it would be developed accordingly. He feels that he had an agreement with the City when this property was annexed, and in recommending that this area be zoned with a "D" Overlay, the City is taking away from him something that is his, it is a matter of principal that it remain C-2. He objects very strenuously to any change of the zone to a C-2-D, that it establishes a very dangerous precedent to arbitrarily down zone someone's property. No rebuttal being made, Vice-Mayor Stiern closed the public hearing for Council deliberation and discussion. 366 Bakersfield, California, December 2, 1968 - Page 6 Councilman Heisey stated that personally he feels the City does not have the right to force zoning on a property owner, that he does not believe the zoning should be changed unless the owner requests the change himsel£, or agrees to the change in the zoning, and to arbitrarily force a man to change the zoning of his property, could very well rob him of some intrinsic value. It was brought into the City and given a C-2 zoning and that established certain values to the property. Councilman Stiern stated he can't agree with Councilman Heisey that this type of recommendation from the Planning Commission is an invasion of anyone's constitutional rights. Councilman Hosking stated that initially he had some of the reservations that Councilman Heisey had expressed, that the Planning Commission had initiated this zoning without the consent of the owner of the land. On the other hand, the "D" Overlay doesn't change the zoning in any way, or destroy the value of a piece of C-2 property. The people who have expressed themselves tonight, and the people who have talked to him stating they are in favor of the protection of the "D" Overlay, are entitled to some consideration. He doesn't believe this change will seriously affect any of Mr. Deeter's plans or destroy the value of the C-2 property or otherwise affect it. For those reasons, he intends to vote for the adoption of the ordinance. Planning Director Sceales concurred with Councilman Hosking, stating that the "D" Overlay does not change the uses that are permitted, it is just a matter of the design control, so a use right is not being taken away from the property owner, merely putting a design review on it by the Commission. Councilman Heisey commented that if Mr. l)eeter had built the commercial development first and then the residences, there would have been no problem. But the residences were built first with the full knowledge of the persons purchasing them, that this was zoned commercial, and now at the last minute they are protesting against this commercial zoning. He personally doesn't think it is morally right to change the zoning without the owner's consent. Bakersfield, California, December 2, 1968 - Page 7 367 Councilman Vetter stated he would be with Councilman Heisey if it were taking Deeter, but it just doesn't seem that it Mr. Deeter has already indicated that he inclined to agree something away from Mr. is changing any land use. does plan to construct apartments there which would not be detrimental to the neighborhood, and he can't see that the "D" Overlay would be restrictive to the point that it would become burdensome on him, however, it is some- thing that should be applied equally to everyone else who has C-2 property abutting R-1 property. After additional discussion, motion was made by Councilman Hosking that Ordinance No. 1762 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 northerly of 30th Street, westerly of "H" Street, southerly of Golden State Avenue and easterly of the relocated Stine Canal Extension be adopted. This motion carried by the following vote: Ayes: Councilmen Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: Councilman Heisey Absent: None Councilman Stiern then moved that the Planning Commission be instructed to review all of the areas in the City where there is C-2 or C-1 commercial property abutting R-1 Residential property, evaluate each one with the idea of affording protection to the adjacent property, and make appropriate recommendations to the City Countil. This motion carried unanimously. Councilman Hosking was excused from the meeting at this time. This was the time set for a public hearing on an application by Del-Pine Development Co. to amend the zoning boundaries from an R-1 (Single Family Dwelling) Zone and from a C-2-D (Commerical Architectural Design) Zone to an R-4-T (Multiple Family Dwelling - Trailer Park) or more restrictive, zone, of that certain property located at the south- west corner of Stine Road and Belle Terrace. 365 Bakersfield, California, December 2, 1968 - Page 8 This hearing was duly advertised and posted and no written protests were filed in the City Clerk's office. At a public hearing held November 6, 1968, the Planning Commission considered the application and after due consideration, recommended that the request for a "T" (Trailer Park) Overlay be denied. The Commission's action was based on the following findings: 1. A mobile home park in this location would not be compatible with the adjacent R-1 single family neighborhood. Forty-three property owners in the area submitted a petition opposing the mobile home park. Five property owners in the area appeared in opposition to the proposed mobile home park. the petition from the 43 its public Council 3. Vice-Mayor Stiern stated that property owners submitted to the Planning Commission at hearing would be considered as written protests in this hearing. Mr. Riley Marquis, representing the owners of the Del- Pine interests, outlined the plans of the owners to develop a proposed 160 unit mobilehome park by slides of successful similar parks constructed in Southern California. The following property owners appeared in opposition to this proposed zone change: John Saunders 4207 Cork Lane Erma Frank 4201 Cork Lane Robert Sheldon 4017 Wood Lane Henry Niskanen 3008 Reno Lane Betty Gilchrist 403 Jones Street Stewart Magee (in behalf of his daughter who lives adjacent to the proposed Mobilehome Park) Betty Cohn 4011 Bianchi Way Stuart Witham 3916 Cork Lane Ray Lockett 4200 Cork Lane Councilman Rucker asked if restrictions could be placed on this type of development. City Attorney Hoagland replied that all mobilehome parks come under the general provisions of the Health and Safety Code of the State of California. In addition to this, the City has an ordinance which places certain restrictions on the operation of Trailer Parks. The Mobile Home Park laws in the State of California are quite restrictive on this type of development. 369 Bakersfield, California, December 2, 1968 - Page 9 Mr. Marquis stated the owners of this project will be willing to accept any restrictions that the Council wished to place on it. The quality of the project and the rates that will be charged are the best assurance the City has against any downgrading of the proposed mobilehome park. They want it to be a pleasant place that will blend in with the community. The other areas where this type of development has been constructed have found that mobile- home parks return more revenue to the City than an R-1 subdivision. Vice-Mayor Stiern closed the public discussion and deliberation. Councilman Vetter commented that he look at the proposed mobilehome park with the hearing for Council had the occasion to developers and initially, he felt owners. He would be an there now. that it would not be detrimental to the adjacent property felt that they had a well-planned development and it improvement in many respects to the present buildings However, he is obligated to consider this for what it and that is a zone change, and in any zone change, it is mandatory to consider the neighborhood. He has talked to the members of the Planning Commission and to the people who are opposed to this, and with the overwhelming neighborhood protest and recommendation from the Planning Commission that it be denied, he can only make a motion that the application be denied. Councilman Stiern stated he understands the tax problem confronting the owner in view of rising taxes in the area and the desire that he has to develop it into something that would return some income. He had looked this area over thoroughly, and has thought about it from all aspects, and all he can say is that he would not buy a home that was across from a mobilehome park. The people in the area have some very fine homes and this has to be taken into consideration. If the people in the trailer park don't like something~ they can move, but the people who have their homes there must stay. 37O Bakersfield, California, December 2, 1968 - Page 10 Councilman Heisey commented that he is amazed that so many people are objecting to this project, because it is one of the nicest mobilehome parks that can be built. He has looked at similar parks in Southern California, and they are very fine. There may not be transitional zoning in this area, but there is a wide street, plus a wide canal, the developer plans to build a block wall around the park, and the project will be set far enough back that it should afford privacy to the adjacent neighborhoods and not make it objectionable to anyone. He thinks the community needs a mobilehome park, this may not be the exact place for one, but it is an appropriate place for one. After some additional discussion, vote was taken on Councilman Vetter's motion, and Zoning Resolution No. 214 denying application by Del-Pine Development Company to amend Title Seven- teen of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located at the southwest corner of Stine Road and Belle Terrace, was adopted by the following vote: Ayes: Noes: Absent: Council upon a motion by Councilman Heisey, adjourned at 12:00 P.M. Councilmen Rees, Rucker, Stiern, Vetter, Whirremote Councilman Heisey Councilman Hosking Adjournment. There being no further business to come before the the meeting was MAYOR of the City of Bakersfield, Calif. ATTEST: C ~n~ f k of the Council of the City of Bakersfield, California 371 Bakersfield, California, December 9, 1968 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. December 9, 1968. In the absence of Mayor Karlen, Vice-Mayor Richard Stiern acted as presiding officer and called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend Ed Galusha of the First Presbyterian Church. Present: Absent: The City Clerk called the roll as Councilmen Heisey, Hosking, Rees, Whittemore Mayor Karlen follows: Rucker, Stiern, Vetter, Minutes of the regular meeting of December 2, 1968 were approved as presented. Scheduled Public Statements. Mr. Raymond Gonzales, president of the Martin Luther King Memorial Committee, read a prepared statement to the Council requesting that the City Council take immediate action on the following suggestions: 1. Investigate the possibility of using its power to license in order to obtain a balanced ratio of minority members among those employers and contractors who do business under such authority. 2. When the City grants contracts on projects of uniform price, consideration be given to whether the bidder is an equal opportunity employer and whether he will hire and train minority members. After discussion, upon a motion by Councilman Heisey, the statement was received and ordered placed on file and the matter was referred to the City Attorney for study and recommendation to the appropriate committee. Correspondence. Upon a motion by Councilman Rees, communication from Mr. Allen Bottorff thanking the Council for its congratulatory resolution, was received and ordered placed on file. Upon a motion by Councilman Hosking, communication from Mrs. J. E. Bowers regarding a meeting of parents from South High School with the Inter-Group Relations Board, was received and ordered placed on file and referred to the Board for an answer. 072 Bakersfield, California~ December 9, 1968 - Page 2 Upon a motion by Councilman Vetter, seconded by Council- man Heisey~ communication from Mrs. Helen Lee Day~ chairman of the Inter-Group Relations Board, relative to participation by members of the Board in order to function efficiently, was received and ordered placed on file. Mrs. Day was requested to submit an attendance record to the Council for its information. Upon a motion by Councilman Vetter, communication from Gerald F. Minford~ Executive Secretary of the Kern County Asso- ciation of Cities, advising that it is impossible to hold a meeting between the city's legislators in Sacramento prior to the new session of the legislature, but a meeting will be set for a later date, and that he will try to set a meeting of Mayors as soon as possible, was received and ordered placed on file. Copy of the Special Committee Report on dog licensing practices was ordered referred to the Budget and Finance Committee for study. Upon a motion by Councilman Rees, communication from the Downtown Business Association stating that a resolution was adopted by the membership that the Bakersfield City Council be requested immediately to remove all parking meters now located in the Central Business District, was received and referred to the Downtown Parking Committee for recommendation. City Manager Bergen stated that copies of his and the Traffic Authority's report on the parking meters will be mailed out to the Council with next Thursday's agenda, and he will be prepared to discuss his report in detail at next week's meeting. Appointment of Ray Arnett as Member of the Police Civil Service Commission for a six year term expiring December 31, 1974. Councilman Hosking stated that he wished to clarify his motion at last week's meeting to appoint Mr. Ray Arnett as Member of the Police Civil Service Commission, that it was his intention to move to fill the vacancy existing due to Mr. Donald Hart's resignation and also to appoint Mr. Arnett for the next term. He then moved that Mr. Arnett be appointed to this commission for a full six year term expiring December 31, 1974, which motion carried unanimously. 37 3 Bakersfield, California, December 9, 1968 - Page 3 Council Statements. Councilman Heisey commended the Police Chief, the County Sheriff, and their respective departments, for the splendid co- operation with each other in staging the largest narcotics and marijuana roundup in Kern County history. This roundup was the result of a cooperative investigation by both departments. Council- man Heisey stated that both departments deserved a "well-done" for the excellent law enforcement constantly being administrated in the entire community. Councilman Heisey read a communication from Mr. Thomas W. Holson of 1314 Alta Vista Drive, pointing out the need for accessible comfort stations and the lack of attractive restrooms in the downtown area, especially during parades and other public events. Upon a motion by Councilman Heisey, seconded by Councilman Vetter, the City Manager was requested to make a survey and report back to the Council regarding the facilities available and whether the staff feels some action should be taken by the City to construct restrooms in the downtown area. Councilman Rees commented on a letter to the editor which appeared in the Bakersfield Californian during the month of November on the subject of street sweeping, in which the writer stated that it was again necessary to protest against the discriminative practice of the City of cleaning the streets in the rich and affluent neighbor- hoods while leaving the streets unclean and filthy in the working class neighborhoods. He asked the City Manager if this was the practice pursued by the City. Mr. Bergen replied in the negative, stating the City conducted a street sweeping program at all times, and the only difference in it was that the business district and the major thoroughfares are swept oftener, but the residential street sweeping is uniform throughout the City. There is absolutely no discrimination between neighborhoods as far as the economic background is concerned. There is no change in the schedule except that during the season for heavy leaf pickup, more attention is given to those streets where there are large trees and it is necessary to keep the drains open and maintained. 374 Bakersfield, California, December 9, 1968 - Page 4 Councilman Whittemore commented that South High School has received a lot of adverse publicity this past year and he would like to point out that this is a very fine school, it has some outstanding students all anxious to receive an education, as well as an outstanding athletic program. Councilman Stiern commented that he was heartened this last week to see some support for the efforts of the Kern County Associated Cities toward correcting City-County tax inequities. A Councilman in Los Angeles went on record with a very powerful statement in which he pointed out, among other things, that the property tax burden on city taxpayers is presently so heavy that payment for services not rendered can no longer be tolerated. He concluded by saying that such a situation might have been quietly tolerated by Los Angeles citizens as long as county taxes remained at a nominal level, but the rapid rise of county taxation, coupled with increases from other jurisdictions, has placed an unjusti- fiable load on city taxpayers. Councilman Stiern called attention to the 75% increase in Kern County's budget for the last five years. The city taxpayers are forced to assume this burden even though in many instances, services are not received in return. The Kern County Association of Cities effort is now over five years old, the Stanford Research Report is three years old, the matter was referred to LAFCO last year, and absolutely nothing has been done. The City's supervisor, after twelve years in office, has done nothing to rectify this situation despite the City's con- tinued appeal for relief. Failing to get action on the local level from the Board of Supervisors, it is tragic that the Cities are now in the process of going to the State Legislature for a solution that should have come from the Kern County Board of Supervisors. The injustice is obvious, the solution would have been very simple on a local level. It appears that it will be necessary now to wait for a special act from the State Legislature to obtain some kind of a just resolution to this problem. The Cities are on record at the present time with a very firm mandate to the Board of the League of California Cities that legislation be introduced before the State Legislature making.it illegal for counties to charge city residents for services they do not provide. Bakersfield, California, December 9, 1968 - Page 5 375 It is a very sorry reflection on local government when it is necessary to go to Sacramento for a resolution of this problem. Other cities are becoming concerned with the situation and Bakers-. field can look for growing support in Sacramento at this time. Reports. Councilman Whittemore, chairman of the Governmental Efficiency and Personnel Committee, read a report of a meeting with the City Manager and members of the administrative staff to consider a request from the City Employees' Health Insurance Com- mittee to allow new employees to become eligible for the City's group insurance plan upon probationary appointment. The present policy does not allow an employee to become eligible for group insurance until after the completion of six months' service. If this request is granted, the cost to the City would be less than $30 per new employee. After careful consideration, the Governmental Efficiency and Personnel Committee is satisfied that the request is justified and recommends that the Council adopt an ordinance amending Section 3.22.020 of the Municipal Code to effectuate this request. Upon a motion by Councilman Hosking, the report was adopted, and Ordinance of the Council of the City of Bakersfield amending Section 3.22.020 (d) of the Municipal Code to extend the eligibility of employees to participate in the Group Insurance Program was considered given first reading. Councilman Whittemore, chairman of the Governmental Efficiency Committee, reported that the Committee had met recently to evaluate a request to purchase a recording and transcribing machine to be permanently installed in the Council Chambers. The present machine is used for recording the Council meetings along with the various board and commission meetings held in the Council Chambers. This machine is very sensitive and the continuous moving and changing of the adaptors needed for both recording and tran- scribing has caused shorts, blown fuses and other problems. This machine is being used by other departments and on several occasions the machine has been requested when the City Clerk was in the process of transcribing Council minutes and this has caused many impositions. 376 Bakersfield, California, December 9, 1968 - Page 6 The Governmental Efficiency and Personnel Committee is satisfied that this request is reasonable and recommends Council approval. Upon a motion by Councilman Rees, the report was received and the Finance Director authorized to transfer $350 from the City Council's 510-6100 Account to the City Clerk's 531-7100 Account. Allowance of Claims. Upon a motion by Councilman Rees, Vouchers Nos. 1944 to 2075, inclusive, in amount of $95,460.52, as audited by the Finance Approval Committee, were allowed, and authorization was granted for payment of same. Adoption of Resolution No. 111-68 authori- zing the filing of an application with the Department of Housing and Urban Development for a Grant to aid in the acquisition and development of Open Space Land. After discussion, upon a motion by Councilman Heisey, Resolution No. 111~68 authorizing the filing of an application with the Department of Housing and Urban Development for a Grant to aid in the acquisition and development adopted by the following vote: Councilmen Heisey, Rees, Rucker, Councilman Hosking Ayes: Noes: Absent: None of Open Space Lane, was Stiern, Vetter, Whittemore Action on proposed purchase of Section 33, T. 30 S., R. 27 E., M. D. B. & M., for the location of a Municipal Sewage Treatment Plant was deferred for one week to obtain an additional appraisal of the property. City Manager Bergen stated that in October, 1964, seven separate vacant parcels of land in the southwest area of Bakers- field were appraised and considered for the location of a Municipal Sewage Treatment Plant. Section 33, T 30 S., R 27 E., is the best site because of the location, topography, area of service and price. The property appraisal was updated in July, 1968, and the owners of the site have agreed to the sale at the current appraisal. The bonds have been sold so that there are sufficient funds for the purchase of this property at the current market 377 Bakersfield, California, December 9, 1968 - Page 7 value of $825.00 per acre, or a total of $528,000.00. The Engi- neering Department is working on the plans and specifications, a contract has been authorized with an engineering firm for design of this treatment plant, and he believes it would be appropriate to move ahead and purchase this site, with all of the rights owned by the Kern County Land Company with the exception of the mineral rights. Members of the Council questioned Public Works Director Jing and Mr. Bergen regarding this property, and a~ter considerable discussion, it was moved by Councilman Heisey, that action be deferred for one week to obtain an additional appriasal on the property for consideration of the Council. This motion carried unanimously. Authorization granted to transfer funds for the replacement of a calculating machine in the Finance Director's office. Upon a motion by Councilman Vetter, authorization was granted to transfer $660.00 from Account 11-510-6100 to Account 11-530-7100 to replace calculating machine in the Finance Director's office. Approval of request of Gannon Construction to connect property at northwest corner of 34th Street and San Dimas Street to the City sewer line. Pursuant to recommendation of the Planning Commission, upon a motion by Councilman Heisey, approval was given to enter into a Sewer Rental Agreement with Gannon Construction for that property located at the northwest corner of 34th and San Dimas Streets, as this property is located within an area under considera- tion for annexation, subject to conditions as outlined by the Public Works Director. Approval of Street Lighting Plan for Tract 3219. Upon a motion by Councilman Rees, Street Lighting Plan for Tract 3219 was approved. 378 Bakersfield, California, December 9, 1968 - Page 8 Adoption of Resolution No. 112-68 of the Council of the City of Bakersfield approving an agreement between the City and the State for modification of traffic signals at Brun- dage Lane and "H" Street and at Brundage Lane and Chester Avenue. Upon a motion by Councilman Vetter, Resolution No. 112-68 of the Council of the City of Bakersfield approving an agreement between the City and the State for modification of traffic signals at Brundage Lane and "H" Street and at Brundage Lane and Chester Avenue, was adopted by the following vote: Ayes: Councilmen Heisey~ Hosking, Rees, Rucker, Stiern~ Vetter, Whittemore Noes: None Absent: None Acceptance of Work and Mayor authorized to execute Notice of Completion for the Contract for the paving and improving of Ming Avenue between Real Road and U.S. 99 Freeway. Upon a motion by Councilman Whittemore, the Work was accepted and the Mayor was authorized to execute Notice of Com- pletion for recordation for the paving and improving of Ming Avenue between Real Road and U. S. 99 Freeway. Acceptance of Map of Tract No. 3219 and Mayor authorized to execute the Contract and Specifications covering improvements in said Tract. Upon a motion by Councilman Heisey, it is ordered that the Map of Tract 3219 be, and the same is hereby approved; that all the easements, drives, courts, avenues, and lanes shown upon said Map, therein offered for dedication, be and the same are offered for dedication. Pursuant to the provisions of Section 11587 of the Business and Professions Code, the 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 surface entry 379 Bakersfield, California, December 9, 1968 - Page 9 The Clerk of the 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 the improvements in said Tract. Hearings. Time set for a public hearing on an application by Arnold Kirsehenmann to amend the Zoning boundaries from an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone to a C-i-D (Limited Commercial - Architectural Design) or more restrictive, Zone, of that certain property located at the northeast corner of Columbus and Haley Streets. This hearing has been duly advertised and posted and written protests were received and read by the City Clerk from Mr. Robert Self, who is the owner of the 17 apartment units across the alley and immediately to the east of the subject property, and from Mr. and Mrs. Walter J. Huber, 2704 Haley Street. At a public hearing held November 6, 1968, the Planning Commission considered the above request. After review and considera- tion, the Commission made the foll0wing findings of fact: 1. Five prior applications requesting the changing of zones for these properties have been heard and denied by the Planning Commission. 2. Deed restrictions imposed on Tract No. 1795 specifically prohibit all uses other than residential and church uses until the expira- tion of such restrictions on April 1, 1985. 3. Uses permitted in the C-1 zone would not be compatible with the R-1 and R-3 developed properties in the area. 4.Several property owners appeared in opposition to the zone change. 5. The proposed zoning is not of public necessity, public convenience, nor good zoning practice. 38O Bakersfield, California, December 9, 1968 - Page 10 Neither Mr. Kirschenmann, nor a representative, was present at the bearing to speak in favor of the application. Vice-Mayor Stiern invited anyone opposing the rezoning to address the Council. Mr. Martin E. Rondone of 2712 Haley Street and Mr. Melvin E. Pipkin of 2701 Fordham Street, appeared in oppo- sition to the proposed Zone change. Vice-Mayor Stiern closed the public hearing for Council discussion and deliberation. It was moved by Councilman Heisey that Zoning Resolution No. 215 denying application of Arnold Kirschenmann to amend Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located at the northeast corner of corner of Columbus and Haley Streets, be adopted. following vote: Ayes: Noes: Absent: Motion carried by the Councilmen Heisey, Hosking, Rees, Whittemore None None Time set for a public hearing on an application by Rucker, Stiern, Vetter, Fairway Land & Development Co., Ltd. from an R-1 (Single Family Dwelling) Zone to an R-3 Multiple Family Dwelling) or more restrictive, Zone, certain property commonly known as 2311Planz Road. This hearing was duly advertised and posted and no written protests were filed in the City Clerk's office. At a public hearing held November 6, 1968, the Planning Commission considered the above request. After reviewing the application, the Commission recommended approval of the change of zone from an R-1 to an R-3 zone with the application of the "D" (Architectural Design) Overlay, based on the following findings of fact: 1. The "~' (Architectural Design) Overlay is required to insure a compatible development for the adjacent residential development and to protect the traffic flow to Planz Road. to amend the zoning boundaries (Limited of that 381 Bakersfield, Calllorn±a, December 9, 19138 - Page 11 2. The proposed R-3-D zoning would be compatible with the existing zoning and development of adjacent properties. 3. The proposed R-3-D zoning would not be in conflict with the general arrangement of land uses as depicted on the General Plan. No one present offering any objections, the Vice-Mayor declared the public hearing closed for Council discussion and deli- beration. Upon a motion by Councilman Whittemore, Ordinance No. 1763 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 231~ Planz Road, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Councilman Stiern commented that he had been receiving complaints regarding the increasing number of sonic booms over the City and the damage to property of the citizens of the community. After discussion, the City Manager was instructed to address polite, friendly letters to the commanding officers of Edwards, Lemoore and Palmdale Air Force Bases and been received by the Council resolve this problem. notify them that these complaints have and request some consideration to Adjournment. There being no further business to come before the Council, upon a motion by Councilman Vetter, the meeting was adjourned at 10:00 P.M. Vi~E_M~YOR/ ~/'~ ~?~' :!Fl'_ ~: of the City of ~a i/el~' Calif. ATTE ST: RK and Ek-Offi~io Clerk of the Council of the City of Bakersfield, California 3S2 Bakersfield, California, December 16, 1968 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. December 16, 1968. Due to the illness of Mayor Karlen, Vice-Mayor Stiern acted as presiding officer and called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend Victor Hatfield of the St. Paul's Episcopal Church. The City Clerk called the roll as follows: Present: Councilman Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Absent: Mayor Karlen Minutes of the regular meeting of December 9, 1968 were approved as presented. Correspondence. Upon a motion by Councilman Rucker, request from Stock- dale Development Corporation for annexation of all of their property within the north ½ and the southeast ¼ of Section 10 and the north { of Section 15, all with T 30 S., R 27 E., was referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Hosking, communication from the Board of Trustees of the Panama Union School District expressing their objections to the proposed location of the southwest sewage treatment facilities located in Section 33 of the County of Kern, was received and ordered placed on file. Upon a motion by Councilman Hosking, communication from the Board of Trustees of the Lakeside Union Elementary School District with attached petition signed by 89 property.owners in the area requesting the City to reconsider its proposed site on Taft Highway for the location of the new sewer farm, was received and ordered placed on file and referred to the staff. Bakersfield, California, December 16, 1968 - Page 2 City Manager Bergen referred to item on 'the Agenda under? Deferred Business, requesting authorization to purchase Section 33, stating that it should be divided into two parts. The first part is the location and the second is the purchase. As far as the purchase is concerned, he is recommending that no action be taken this evening, or until such time as an appraisal is obtained and the staff is satisfied with the price, he will make no recommenda-- tion for the purchase. The second appraisal is being made but is not complete and will require a meeting with this appraiser, the first appraiser and the Land Company before any conclusion can be reached. He stated he is prepared to make some general statements regarding the location and related the history of the need for a public sewer system in the southwest area which was recognized as far back as 1958. Report made by Quinton Engineers to the Kern County Land Company at that time indicated two alternate locafion~i for a plant site. Report made by Koebig and Koebig in 1960, prepared for the Board of Supervisors, proposed Section 21 as the location for the plant. In 1964, it became apparent to the City of Bakers-. field, as well as the Kern County Land Company, that a new sewage treatment plant would be needed in the southwest and several sites. were evaluated, with Section 33 being selected as one of the more economical sites, as it is undeveloped, although the land around it is developed. Several hearings were held on this, an election was held in 1965 to purchase the plant and appurtenances and farm site, and the plan did indicate Section 33 as the site, which has been dis- cussed in public several times. To arbitrarily move the site location a mile would cost approximately $250,000.00 a mile to con- struct the main outfall. In addition to this, if the plant and leads were moved too far before sufficient capacity is built up, there would be an operational problem with the treatment., there would not be enough flow to keep the line self-cleansing. This plant will serve a projected area of about 60,000 persons in 1985. After the turn of the century, the maximum 3S4 Bakersfield, California, December 16, 1968 - Page 3 capacity of the treatment plant as designed will ultimately serve 140,000 people. It is not impossible, to move the plant a mile south, but it economical standpoint. For every mile from a physical standpoint, cannot be done from an north the site is moved, there would be a sections of land, The location his statement that the City reduction in the possible service area of six which will ultimately contribute to the plant. is, therefore, economically justified. He concluded by saying that he couldn't recommend to the Council spend another quarter million dollars to extend the plant a mile south, and he doesn't believe it would remove any objections to move the plant a mile in any other direction, it is really a matter in economics, by trying to balance the location. He asked that the record show that 19 telegrams were received opposing Section 33 as the proposed site for the sewer farm, 12 of which represented four families and the other seven represented individuals whose property lies adjacent to Section 33. Mr. Bergen stated there are two things to remember, the State Health Department has very stringent regulations regarding the operation of a sewage treatment plant which must be conformed to, and the farm and the plant can be located on the site and designed in such a manner architecturally, that it will not look like a sewage treatment plant. This type of architecture is a little more expensive than just constructing a functional building, but the expenditure is justified. The City will be happy to show the adjacent landowners drawings and renderings of the City's plans for the construction and landscaping around the plant, but he doesn't know what he can do to eliminate the emotional problem which will exist. Councilman Heisey commented that if there were people present who wished to speak on this subject, they should be per- mitted to do so, he thinks Mr. Bergen has covered the City's side of the matter very thoroughly. Miss Maryanna Ashe, who stated her home was directly across the road from the proposed site, Mr. Stanley Antongiovanni, representing his family who owns considerable property in this 3S5 Bakersfield, California, December 16, 1968 - Page 4 area, and Mr. Frank K. Fugitt, a property owner in the area, all expressed their objections to the proximity of the plant to the private property in the area, stating it will devaluate the sur- rounding properties and be detrimental to future development. Vice-Mayor Stiern thanked the persons who spoke to the Council stating this question has must still consider the price and is made. Heisey, not been settled, as the Council the location before any decision Correspondence (Continued.) Upon a motion by Councilman Vetter, seconded by CounciMaan letter of resignation from Mr. Wesley G. Bruer as a member of the Planning Commission, to be effective December 31, 1968, was received and ordered placed on file, the resignation was accepted with regret, and a letter of commendation was ordered sent to Mr. Bruer for the excellent service rendered to the Planning Commission and the City. Reports. City Manager Bergen read his report to the Business Development and Parking Co~nmittee, reciting a history of parking meter installation in the City and outlining the necessity for traffic control in the Downtown Business District to provide com- mercial establishments in the area with the maximum opportunity to enjoy as many customers as possible, which was supported by an attached memorandum from Police Chief J. M. Towle and a report of the Traffic Division relative to parking meters. Should the meters be removed, it would be necessary to employ a minimum of two and perhaps three more officers in the Traffic Division to patrol the central business area at an esti- mated expenditure of an additional $34,254.00 for personnel and equipment. Control would involve marking tires on a patrol basis for smaller areas than at present. Removal of the parking meters will, in all probability, affect the City's continuing commitment for the parking lot at 18th and Eye Streets, since it is safe to presume that less people will apt to park in a metered lot if meters do not exist in other portions of the downtown area. The removal of parking meters would also entail competition with existing private parking lot operations and discourage their use of expansion and retention. 386 Bakersfield, California, December 16, 1968 - Page 5 In summary, the City Manager stated that although the Council has received a communication from the Downtown Business Association seeking the immediate removal of all parking meters, it should be pointed out that removal o~ such meters will not, in itself, free the downtown business district from its main problem which is competition from outlying shopping centers. Removal of the parking meters will, in all probability, increase traffic congestion in the downtown area, particularly during peak hours. On this basis, the staff finds it highly questionable whether the Downtown Business District can expect successful results from removing parking meters. The sta£f believes that such removal may be negative in its implication. The question of parking control and revenue is an integral part of the redevelopment of the downtown area. Before any significant changes are made, the recommendation of the Redevelopment Agency should be obtained. Because of the problems outlined in this report and reports submitted by the Police Department, the staff would suggest the following proposals to the Committee for consideration: 1. Parking meters be retained in the Downtown Business District on a selective basis. 2. Parking meter revenue not obligated for traffic control expense be returned to the Downtown Business District, i. e., Redevelopment Agency, Christmas decorations, etc., under supervision of the City Council. 3. Should the Council determine that parking meters be removed entirely from the streets in the Downtown Business District, meters should remain on the parking lots owned by the City and parti- cularly on the Sill property. The best traffic control will exist under metered con- ditions. However, because the City has met its bond obligations, the Council, in cooperation with the Downtown Business Association, will have more flexibility in its treatment of the meters. This means that arrangements can be made for renting parking facilities at certain times, or providing free parking on lots during certain holiday periods, etc. 387 Bakers£ield, California, December 16, 1968 - Page 6 Councilman Rucker, chairman of the Business Development and Parking Committee, read a report of that Committee on the subject of Parking Meters, stating that the Committee appreciates the concern and thoroughness of the staff reports concerning this problem. The Committee understands that nothing less than a recommendation for total removal o£ parking meters would be greeted with approval by the downtown merchants and the public at large. However, it is the responsibility of this Committee and the City Council to take a long range view of the whole question o~ tra£fic control and parking space for the Downtown Business District. What is needed is simply more parking spaces in order to increase shopper mobility. A recommenda- tion to remove parking meters would not solve this problem. As outlined in the City Manager's report and in the reports o£ the Traffic Division, a recommendation o£ that sort would tend to increase traffic congestion and discourage present operations of private parking concerns in the downtown area. As pointed out in the City Manager's report of this Committee, it would be irresponsible to make a recommendation without first coordinating the Committee's thinking and plans with the City's Redevelopment Agency. This agency has a continuing responsibility £or the improvement of the downtown area, and certainly the availability of parking space will loom large in their future plans. The Committee is primarily concerned with the availability of adequate parking spaces for the downtown core area.; therefore, the Committee offers these suggestions l!or full Council consideration: 1. That we do not act hastily in making a £inal determination on the question of parking meters, but rather coordinate our plans with the Redevelopment Agency and others who may have serious recommendations to facilitate shopping in the downtown area. 2. That parking meters be retained in our parking lots in order to protect and encourage private parking lot operations. To do otherwise, would tend to discourage such operations and, conse- quently, the availability of additional parking space. 3S8 Bakersfield, Cali£ornia, December 16, 1968 - Page 3. That the treatment of parking meters on streets undergo further Council consideration; that the flexibility we have attained, mentioned earlier, be open to suggestion for different approaches. The Committee strongly feels that if we were to recommend the removal of meters, we would place the City in the hazardous position of precluding the City from moving ahead to acquiring additional parking space. We further recommend that revenue derived from the Downtown Business District on parking meters be returned to the central district after expenses for parking meter operations, in order to aid our central business community in such endeavors thai would enhance the core area. The Committee has studied this question long and hard, and in arriving at these recommendations would like to emphasize that it is its view that the end of parking meters in the down- town business district would not mean the end of congestion or the beginning of merchant prosperity. Reliance must be placed on the professional studies and opinions of the sta£f. The Com- mittee knows that the removal of meters in other communities has increased the use of on-street parking spaces by merchants and their employees, thereby discouraging shopper parking. Councilman Hoskingcommented that he concurred with this report in the main, although he did run for Councilman on a plat- form of removing meters, and these parking meters are all in his Ward. He stated that at the Committee meeting he had voiced his opposition to the last sentence in Paragraph Three on Page 3 of the Report, which states that revenue derived from the downtown business district on parking meters should be returned to the central district after expenses for parking meters operations in order to aid the central business community in such endeavors that would enhance the core area. He does not think that any of this revenue should go for anything else except off-street parking. Councilman Rees stated he didn't remember that the Com- mittee was that specific in its discussion~ to state what purpose the funds were to be used for excepting that they were to be ear-marked for downtown. However~ the Council would retain control of the funds and merely execute the intent that mainly the money comes from downtown parking and would be used for downtown purposes. 389 Bakersfield, California, December 16, 1968 - Page 8 These recommendations are flexible and could be determined when the issue confronts the Council. He feels the Committee should lean heavily on the report of the Traffic Authority who is on the firing line day after day. He also feels they are well advised to await the plans of the Redevelopment Agency. Councilman Rucker stated that he had scrutinized this report very closely, and inasmuch as the bonds have been paid off, the use of the revenue is more flexible and he feels that the core area of the downtown business district should be considered for this money. Councilman Heisey stated he felt the recommendations were good ones, and he moved adoption of the report. He stated that he feels it would be appropriate if the Traffic Authority, under the direction of Mr. Bergen, worked out a schedule with the merchants for covering meters for certain events and sales promotions, which is done successfully in other cities. Councilman Vetter stated he agrees with Councilman Hosking, that if the parking meters are retained, whatever revenue is derived from those meters should go directly for the purchase or for making additional facilities available. He also thinks that the staff, the Redevelopment Agency and the Parking Committee of the Council should work directly with the parking committee of the Downtown Business Association, that it is very important whatever the Council does, that it is done in conjunction with the parking committee oI the DBA. Councilman Whittemore stated he appreciates the work and. thought that has gone into this report. It is a problem that has to be solved, which could be delayed until the Redevelopment Agency has worked out its plans for the downtown business district. He agrees with Councilman Hosking that these funds should not be ear- marked for a particular area. The traffic ticket for overparking is the big deterrent to the shopper who comes downtown, and he suggested again that the staff investigate what the experience of the other cities has been who have a ticket in the form of an envelope and the violator can put his fine in the envelope and then put it in a box at the end of a block. 390 Bakersfield, California, December 16, ]968 - Page 9 Councilman Stiern stated he feels the subject of parking meters has become purely an emotional problem. There is no question but they have served the purpose they were intended for to retire the bonds to purchase the off-street parking lots. But he is fearful that in waiting for a solution from the Downtown Revitalization Committee or waiting for some other solution, the Council is jeopardizing the economy of the entire downtown area that the parking situation is supposed to support. People don't like parking meters, and they avoid the downtown area and trade where there are no meters. Councilman Hosking agreed that it is a emotional problem. If the downtown area was suffering from a lack of people, it would not be necessary to worry about parking meters, because there wouldn't be any cars there to give tickets to, but the fact of the matter is that it is not possible to find parking places down-- town. If, as it is indicated that parking meters are driving people away, his eye sight is failing. All the lots purchased with parking meter revenue are full, the one the City is renting is full, the City should take the money and attempt to buy this lot from Sill Properties, it is very badly needed downtown. The Bank of America is moving out in the foreseeable future, it has a lot at 20th and Eye Street which should be acquired by the City of Bakersfield. A lot is needed over on 19th Street, there are not enought parking spaces downtown, that is the problem, not the meters. If the Council does keep the meters, the City should move ahead and acquire additional off-Street parking in the right places. Mr. James Shurley, a former Councilman, addressed the Council and proceeded to bring the members up to date on the history of the parking meters in the City of Bakersfield as he remembered it. Among other things, he stated that if the down- town merchants would educate their clerks to be more courteous and keep the sidewalks in front of their places of business in a clean condition, they would receive considerably more business. Bakersfield, California, December 16, 1968 - Page l0 391 Councilman Heisey amended his previous motion to adopt the Business Development and Parking Committee's report, with the deletion of the last sentence of the third paragraph of recommenda- tions on Page 3, which he stated would then make it acceptable to everyone. The City Clerk read a communication from the Downtown Business Association stating that they wished the statement con- tained in their letter of December 3, 1968 readin~ that the "following resolution was unanimously adopted" to read "the following resolution was adopted." Also the Downtown Business Association thanked the Council for its cooperation in the matter of the extension of parking time during the Christmas season, which was very much appreciated by the public. The City Clerk read a communication from Mr. Gerald Strlker, partner of the Rose Yardage, stating that the parking meters should be eliminated and the City should return to the practice of marking of tires for a two hour period. After discussion, the Council voted on Councilman Heisey's amended motion to adopt the report with the deletion of a portion of recommendation No. 3 on Page 3. Councilman Stiern voted in the negative on this motion, qualifying this action by stating that tlle essence of the report is a postponement of a resolution of the problem and the people that he has talked to within the last month almost without exception feel that the meters should come out. He further feels that the purchase of additional off-street parking in the downtown area should be the problem of the Redevelopment Agency and not of the City of Bakersfield. Councilman Rucker made a motion that the two letters read by the City Clerk be received and ordered placed on file, which carried unanimously. Councilman Hosking moved that the Council accept the reports of the Traffic Authority and the City Manager on the subject of Parking Meters. This motion carried unanimously. 392 Bakersfield, California, December 16, 1968 Page 11 Mr. William Jing, Director of Public Works, read his report on the subject of the Eastside Canal, stating that the canal was constructed by the Eastside Canal Company to serve consumers between the City limits and Weedpatch. The two miles of the canal within the City are a source of irritation and com- plaint, with particular reference to that section bordering the business section of East Bakersfield. The Canal has become a depository for rubble and debris by abutting owners and passing motorists. There have been repeated complaints made regarding the condition and appearance of the canal between Union Avenue on the west and the east City limits near Williams Street, also it was requested that the canal be covered. Because of the numerous complaints of unsightliness and nuisance, the three-way agreement for maintaining the canal has been upgraded to include: 1. Fence maintenance has been replaced with 8 foot steel post and galvanized chain link fabric. 2. Weed removal as required. 3. Posting of metal signs warning that dumping into canal is prohibited and that violators may be subject to fine and/or imprisonment. 4. Canal is cleared and cleaned of trash and debris twice yearly; once after it is emptied in August and again before it is filled in February or March. Mr. Jing reported that the canal complaints can be handled generally in two ways. 1 - Eliminate the nuisance by covering the canal, which project cost is estimated to be $1,548,750.00, or construct box culvert sections between those existing in the street intersections and construct the necessary street improvements which would incur an expenditure of $1,239,000.00. A construction project of this size could only be effected through an improvement district in which the frontage cost could be apportioned to other district benefitees and be paid for over a ten year period. 2. Minimize complaints of nuisance through canal improve- ments and higher standard of maintenance. Construct concrete lining and install new chain link fencing. It is estimated to concrete line canal, install fencing and improve Lake Street would cost $415,000.00. The assessment for this improvement would be Bakersfield, California, December 16, 1968 - Page 12 393 $35.00 per frontage foot or $1,750.00 for a 60-foot lot. The bene- fit return cannot justify this amount of expenditure. In reviewing the three-way agreement with the Canal Company regarding what concerted effort should be made by each agency to the reduction of complaints, the following plan is offered: 1. Complete the replacement of the existing fence during the 1970-71 fiscal year; 1600 lineal feet of 8 foot galvanized chain link fence will be installed this year. 2. Strict enforcement of Chapter 8.52 of the Muni- cipal Code. Under this section of code, violation of a "No Dumping" regulation subjects the violator to fine and/or imprisonment. 3. More frequent clearing and cleaning the canal of trash and debris, and upon notice of legitimate complaint. 4. Chemical and mechanical removing o~ weeds when required. The new fencing which is 8 feet in height has been completed between Union Avenue and Beale Avenue. The additional three feet of height has discouraged dumping. A recent examination of the canal indicates the new fencing with the "No Dumping" metal signs has improved the canal appearance and limited the activities of subver- sionaries. Vice-Mayor Stiern read an investigation report made by Wayne F. Chapman, Supervising Sanitarian of the Kern County Health Department, of an inspection of the canal made on November 7, 1968. No odor was present at the time of inspection. Few flies were noted but no mosquitoes or larva were noted at this time. He contacted the Kern County Land Company was was informed they clean the canal at least 18 times a year or oftener. Most of the debris removed is; tossed over the fence by persons unknown. The canal can be called unsightly but at this time there appears to be an earnest effort to properly maintain it. He does not feel that the canal is a health hazard at this time. Councilman Heisey stated that he was glad to hear the Health Department's report that the canal was not a health hazard to the people in that area. He complimented Mr. Jing on his report and stated that it was shocking to find out what the cost would be to cover the canal. He stated he liked the recommendations which were made and that the canal is being kept in a clean and fairly sanitary 394 Bakersfield, California, December 16, 1968 - Page 13 condition. He then moved that the report be received and placed on file, and the four recommendations contained therein be adopted. The City Clerk was instructed to mail a copy of the report to Mr. E. J. Starcher~ Mr. Ben Stinson of the East Bakersfield Merchants Association and the East Bakersfield Progressive Club. Mr. E. J. Starchef of 1101 Beale Avenue, addressed the Council, stating that Mr. Bergen had given him a copy o£ Mr. Jing's report. Mr. Starchef still feels that the canal is a health hazard and stated that the people in the neighborhood are not satisfied with the efforts o~ the Kern County Land Company to maintain the canal. Councilman Heisey stated that the recommendations are a workable solution. He, too, would like to have the canal covered, but he does not believe the adjacent property owners would support a public improvement district to accomplish this at the prices quoted by Mr. Jing in his report. Vice-Mayor Stiern suggested that Mr. Starcher and the other property owners study the report and come back and discuss it with the Council at a later date. Vote was then taken on Councilman Heisey's motion, which carried unanimously. City Manager Bergen commented that if Mr. Starchef has any meetings with any property owner groups and he has any questions regarding the figures contained in Mr. Jing's report, all he needs to do is call the Department of Public Works and they will be happy to meet with him either in the area or in the City Hall, so that there will be no misunderstanding about these figures. The County Health Department does not work under the City Council~ and even though the City can call the Health Department and register complaints, it cannot tell the Health Department where a health problem exists. Vice-Mayor Stiern stated he is qualified to take except- ion to some of Mr. Starchef's remarks, because he has a business adjacent to the canal in the area that has been improved. Mr. Bakersfield, California, December 16,1968 - Page 14 395 Starchef has painted a very bleak picture of the canal, and he does not agree that the canal has not been improved considerably. The new fence is certainly an improvement, the Kern County Land Company does clean out the canal and maintains weed eradication along the canal, therefore, he believes that over-emphasis has been placed on the unsightliness of the canal. Hearings. Vice-Mayor Stiern requested Council approval to change the order of the agenda as there were a large number of people in the audience who were present for the hearing on the proposed annexation of Union No. 3. This is the time set for public hearing when any person owning real property within territory designated as Union No. 3, proposed to be annexed to the City of Bakersfield, and having any objection to the proposed annexation, may appear before the Council and show cause why such territory should not be so annexed. This hearing has been duly advertised and 289 written protests ha'~e been filed in the City Clerk's office. Mr. Clayton, Assistant City Attorney, explained the purpose of the hearing is to determine whether the owners of one-half of -the value of the territory proposed to be annexed have protested or not, which means value of the land, exclusive of improvements thereon. If the Council tonight finds that the protests filed up to the time of the hearing represent less than one-half of the value of the property, then the hearing must be recessed until at least ten days from tonight, at which time the recessed hearing will be held for considering these protests, plus any supplemental protests that may be filed within the ten day period following this hearing. City Manager Bergen stated they would ew~luate the written protests and make a report later in the evening. Mr. Leonard McKaig, spokesman for many of the protesting property owners, read his prepared statement in opposition to the annexation, stating that they do not believe that annexation would 396 Bakersfield, California, December 16, 1968 - Page 15 contribute significantly to the solution of the City's deep-seated problems, it would be useless, wasteful and unwise. The area is satisfied with the police and fire protection, the street lights and sewers and other services furnished by the county, and can see no advantage in annexing to the City. He asked for a 30 day delay to permit residents to obtain more written protests to the annexation. Others who expressed opposition to the annexation were Mack Willie Green, Thomas Cotton, Barbara Zabalita~ John L. Bowers, Earl L. (Chesty) Chesmore and Byron Blackmore. Mr. Donald Hopkins, chairman of the Chamber of Commerce's annexation advisory committee, stated that any request for a 30 day extension of time to obtain more signatures on protests to the annexation should be denied, for months regarding the pending annexation were Mr. Durst, Elihu as this area has been noticed annexation. Supporters of the Brown a representative of the Union Baptist Church, Mrs. Beatrice Stewart and Mr. McMillan. Councilman Hosking moved to close the public portion of the hearing. The motion failed to carry by the following roll call vote: Ayes: Councilmen Hosking, Rees, Stiern Noes: Councilmen Heisey, Rucker, Vetter, Whittemore Absent: None Mrs. Rena Hunter, who stated she works in the Annexation Department of the Greater Bakersfield Chamber of Commerce, said that everyone is aware that the City has a contract with the Chamber regarding annexation to the City. She has been working for the annexation of Union No. 3 to the City and stressed the advantages and services that the City has to offer, stating that the residents of the area should be permitted to make up their own minds regarding annexation to the City and not be harrassed by the opponents of the annexation making false statements and circulating rumors that the City makes promises that it cannot keep. 397 Bakersfield, California, December 16, 1968 - Page 16 Councilman Heisey moved that the public portion of the hearing be closed. There was some discussion as to whether this motion was in order. Vice-Mayor Stiern then declared that the Council has heard a representative discussion from the public and that the Council is ready to hear whether or not a majority protest has been filed. Mr. Bergen stated that it was most important that the public be aware that this annexation was actually started by property owners in that particular area at the time they petitioned an expansion of the Union Avenue Sanitation District a year and a half ago in order to provide additional services to the Union Avenue Sanitation District. That application was made to the Local Agency Formation Commission and on May 18, 1967, the staff recommended denial o~ the proposed annexation to the Union Sanitation District on the basis that the area is within the Bakersfield Urban Area, is contiguous to the City of Bakersfield,~boundaries are within a mile and a half of the existing City Sewage Treatment Plant and the area by its proximity to the existing City limits will soon require additional urban services that the proposed district will be unable to provide~ thereby necessitating a future need to over-- lay other special districts on top of the proposed district. In view of the above, the staff recommended that primary consideration be given to annexing this area to recommendation of LAFCO~ the City to entertain an annexation. That the City of Bakersfield. Upon indicated that it would be willing is how the annexation started. Mr. Bergen stated that an evaluation had been made of the protests and there are substantially less that 50% protests. There- fore, it would be in order for the Council to find that there are insufficient protests and continue the hearing until January 6, 1969. Councilman Rees made a motion that the protests filed at this hearing represent less than one-half of the value of the real property in the territory proposed to be annexed, the Council finds these protests are insufficient to terminate the proceedings, and the hearing is recessed until January 6, 1969 for filing of supple- mental protests. Vote was taken on the motion which carried unanimously. 39S Bakersfield, Cali£ornia, December 16, 1968 - Page 17 Reports (Continued.) Councilman Whittemore, chairman of Ef£iciency and Personnel Committee, auditors' report from Speer, Chavez, had been referred to this Committee. the Governmental reported on the independent Ruggenberg and Wright, which The Committee discussed at length the auditors' recommendations as outlined in their letter submitted to the entire Council, and the Committee will be meeting in the near £uture to evaluate recommendations relating to the implementation of an external auditing program to review business establishments reports on business licenses and hotel-motel room taxes. As soon as the recommendations have been evaluated, the Committee will report back to the entire Council for its considera- tion. The Committee would like to report that the City's internal auditing program has resulted in lower fees for indepen- dent auditing services. The outside auditors have also stated that the City has made substantial gains in improving the accounting controls over assets, revenues and expenditures by the more exten- sive use of electronic data processing equipment and by further centralization of accounting records. The Committee commended the administrative staff as well as the independent outside auditing staff for its thorough and competent work. Upon a motion by Councilman Rees, the report was received and adopted. Councilman Whittemore, chairman of the Governmental Efficiency and Personnel Committee, reported on a meeting held to review the positions of Assistant Finance Director and Programmer- Console Operator which were authorized for the Finance Department ef£ective January l, 1969. The position of Assistant Finance Director was established at Range 50 ($965 - $1176 per month), however, prior to recruitment for this position, it is found that the salary is not competitive enough to attract the caliber of individual needed to fill the position. It is requested that during recruitment the salary range be left open with the provision that depending upon quali- fications the salary range could be increased. The Committee will meet with the administrative staff to consider their recommendations Bakersfield, California, December 16, 1968 - Page 18 399 relative to the salary range for the position. At that time the Committee will report back to the Council with its evaluation and recommendation. The position of Programmer-Console Operator was established in view of the acquisition of the new computer and the abolition of the tabulating equipment operator position. In view of the keen competition for this type of individual, it has been requested that the salary range be upgraded to Range 34 ($650 - $792) per month. The Committee evaluated a request from the administrati~e staff for an increase of 2½ percent for the Police Chief and Auditor- ium-Recreation Manager. During last year's salary consideration, the recommendation made for the Police Chief was in line with the County Sheriff; however, the Board of Supervisors made an additional recom- mendation raising the Sheriff's position an additional 2½ percent higher than what had been established for the Police. The Commitl;ee feels the two positions are comparable. The Committee would like to point out that one of the factors for salary considerations is the inter-relationships of City positions. In view of this, the Auditor- Recreation Manager's salary should be adjusted accordingly, and tile Committee would recommend that the Police Chief and Auditorium- Recreation Manager's salary ranges be increased to Range 66. Upon a motion by Councilman Rees, the report was received, the recommendations contained therein adopted, and the City Attorney was instructed to prepare the proper ordinance amending the present salary and compensation ordinance for adoption at next weeks meetlng. Vice-Mayor Stiern commented that he would like to remind the Council, especially in view of the galloping salary considerations of the County, that during budget sessions last year the Council went on record that it would request the Board of Supervisors to notify' the Council of the salary increases they intend to grant early in their budget considerations, perhaps along in February or March. Particularly in view of the fact that they went two and three times the cost of living in their salary increases last year, which put the City in a competitive situation. It would be appropriate for 400 Bakersfield, California, December 16, 1968 - Page 19 the City Manager or the Governmental Efficiency Committee, to address a letter to the Board of Supervisors and Mr. McNamee now. Because then the Council will not get caught in the bind they were last June when the Board granted up to 11% salary increases. City Manager Bergen stated they would be asking the Governmental Efficiency Committee to have a meeting within the next week or so to discuss the recommendations regarding Firemen and at that time they will have a draft of a letter for the consideration o£ the Committee to be sent over to the County. Allowance of Claims. Upon a motion by Councilman Rees, Vouchers Nos. 2076 to 2166 inclusive, in amount of $119,426.22, were allowed and authori- zation was granted for payment of same. Adoption of Ordinance No. 1764 New Series of the Council of the City of Bakersfield amending Section 3.22.020 (d) of the Muni- cipal Code to extend the eligibility of employees to participate in the Group Insurance Program. Upon a motion by Councilman Heisey, Ordinance No. 1764 New Series of the Council of the City of Bakersfield amending Section 3.22.020 (d) of the Municipal Code to extend the eligi- bility of employees to participate in the Group Insurance Program, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Action on Bids. Upon a motion by Councilman Rucker, low bid of Three-Way Chevrolet Company for fifteen Class III Police Special Automobiles was accepted, and all other bids were rejected. Upon a motion by Councilman Vetter, seconded by Council- man Stiern, low bid of Dicco, Inc. for the construction of Califor- nia Avenue from Stockdale Highway to Real Road was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. ! Bakersfield, California, December 16, ].968 - Page 20 Adoption of Resolution No. 113-68 of the Council of the City of Bakersfield deleting one Council Meeting in December, 1968. Upon a motion by Councilman Vetter, Resolution No. 113-68 of the Council of the City of Bakersfield deleting Council meeting of December 30, 1968, was adopted by the following vote: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Ayes: Noes: None Absent: None Acceptance of resignation of Mrs. Marie H. Fambrough as Member of the Civic Auditorium Advisory Committee. Upon a motion by Councilman Rucker, seconded by Council:man Heisey, resignation of Mrs. Marie H. Fambrough as Member of the Civic Auditorium Advisory Committee was accepted with regret, and a letter of commendation was ordered sent to Mrs. Fambrough for her excellent service on this Committee. Approval of Change Order No. 1 with W. M. Lyles Company for construction of Sanitary Sewer to service Pierce Annexation No. 1 area. After discussion, upon a motion by Councilman Hosking, Change Order No. I with W.M. Lyles Company for construction of sanitary sewer to serve Pierce No. i annexation area was approved, and the Mayor was authorized to execute same. Approval of Plans and Specifications for installation of Automatic Sprinkler System for Lowell Park. Upon a motion by Councilman Stiern, plans and specifications for the installation of Automatic Sprinkler System for Lowell Park were approved and the Finance Director was authorized to advertise for bids for this project. Adj ournine nt. There being no further business to come before the Council, upon a motion by Councilman Vetter, the meeting was adjourned at the City of B~kersfield, Calif. ATTEST: CIT~LER~~x~fficio~erk ~f the Council of the City of Bakersfield, California Bakersfield, California, December 23, 1968 - Page 1 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. December 23, 1968. The meeting was called to order by Mayor Karlen, 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 Karlen. Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Absent: None Minutes of the regular meeting of December 16, 1968 were approved as corrected. Council Statements. Councilman Stiern commented that many times he has heard the Mayor give credit to City employees for their term of service, and in some small way, he would like to give credit to Mayor Karlen for four years of very devoted service to the City. His efforts as Mayor, as a member of the Board of LAFCO, and as an officer of the South San Joaquin Division of the League of California Cities, have been a credit to the City, and speaking as one citizen of the City of Bakersfield, he would like to have Mayor Karlen know that he appreciates very much the fine job he has done as Mayor, it has been a pleasure to serve with him, and he hopes that after the first of the year, he will remember the service he has given to the City and stand by to give any needed advice as only he can give it. It calls for a "Well Bone." All members of the Council echoed Council- man Stiern's sentiments and conveyed their thanks to Mayor Karlen for the untiring effort he has put forth for the City during the past four years. Councilman Heisey asked Director of Planning Sceales what was the status of Councilman Hosking's inquiry of a few weeks ago regarding street signs and house numbering in the City, which had been referred to the Planning Commission for study and recommendation back to the Council. Mr. Sceales stated the staff has made a Bakersfield, California, December 23, 1968 - Page 2 preliminary study and at its last meeting the Commission appointed a three-man committee which will be meeting with the staff, after which a report will be made to the Council. Councilman Stiern commented that he hoped this will include replacement of some of the obsolete street signs which can't be read or seen. Councilman Heisey stated he hoped it would include increasing the size of these signs so that they can be seen with ease. City Manager Bergen stated the staff would make a note of it and evaluate it in view of the if that is the desire of the Council, for the Council at a later date. Councilman Rees stated the residents were very happy to see the construction of the Capital Improvement Budget, and will have some figures of College Heights street dividers completed, plated. budget, one of but asked when the planting and landscaping is contem- Mr. Jing stated the paving is a part of this year's but the balance will be budgeted in the future, although the developers is planning on putting in some trees in order to improve the appearance of his area. Reports. Councilman Whittemore, chairman of the Governmental Efficiency and Personnel Committee, read a report advising that the Council had adopted an ordinance allowing City employees in the Miscellaneous Departments to receive full salary up to a period of one year for on-the-job injuries, in order to provide the Miscellaneous employees equal treatment with Police and Fire Department personnel. The provisions of the City's amendment allowed all employees to receive full salary less the amount paid by the State Compensation Insurance Fund for a period of time not to exceed twelve months. The Committee 'is recommending that the language of the City's ordinance be amended so that it is explicit that City payment terminates when the employee is retired or assigned permanent disability, the same as the State law on public safety employees. Upon a motion by Councilman Hosking the report was adopted and the City Attorney was instructed to draft an amendment to Section 3.22.030, Workmen's Compensation:, to cover this matter. Bakersfield, California, December 23, 1968 - Page 3 3 Councilman Whittemore, chairman of the Governmental Efficiency and Personnel Committee, read a report of the Committee calling attention to the fact that at last week's meeting, the suggestion was made that the City Council propose to the Board of Supervisors that both the County and the City get together to dis- cuss salary levels for governmental employees prior to budget hearings. The Committee felt it appropriate that it direct a letter expressing the Council's concern to the Board, and Councilman Whittemore read the letter which had been prepared for the Council's concurrence and adoption before forwarding it to the Board of Supervisors. Upon a motion by Councilman Stiern, the report was received and adopted, and the letter as prepared by the Committee was ordered sent to the Board of Supervisors. City Manager Bergen read a report on the subject of a review of County-City Fire Department Salary Levels, stating that during the budget sessions conducted last June, the staff was directed to re-examine the existing pay schedules for the Bakersfield Fire Department in comparison with the County of Kern's and to make a report back to the Council prior to the first of the year. The comparison was made of existing salary schedules and benefits of both departments, and a chart was attached to the report for the Council's information. Based on these figures in comparison for salary level and hours worked, the staff is unable to recommend any change in present salary levels. Furthermore, the Council's normal policy regarding one department's salary levels would affect the interrelationship with other departments. Certain proposed modifications to the Personnel and Compensation Ordinance were sub- mitted in the report and it was suggested that these recommendatiens be referred to the Governmental Efficiency and Personnel Committee for study and recommendation. It is the staff's intent to discuss these proposals with the Fire Department personnel and the Employees' Association prior to meeting with the Governmental Efficiency and Personnel Committee. Final Council action on these proposed modi- fications must await ratification of the charter amendments by the State Legislature in January. Bakersfield, California, I~ecember 23, 1968 - Page 4 Upon a motion by Councilman Whittemore, the report was received and referred to the Governmental Efficiency and Personnel Committee for study and report back to the Council. City Manager Bergen read his report on the proposed acquisition of Municipal Farm in the southwest area. Me stated that in view of the interest shown and in order to avoid any mis- understanding that the City wasn't notifying people when this subject was to be discussed, he instructed the City Clerk to call the Lakeside Union Elementary School District and the Panama Union School District, who had filed protests and objections to this location, to inform them that this matter would be presented to the Council this evening. Mr. Bergen also called one of the gentlemen he had a meeting with last week and indicated that he was going to make a report to the Council tonight. He stated that, as outlined to the City Council at the public meeting of December 16, 1968, the moving of the proposed southwest sewage treatment plant and municipal farm from Section 33 is physically possible but economically impractical. Among the factors originally evaluated were topography and available undeveloped land. Section 33 met these conditions with the lowest appraisal value. A report was submitted to the Electorate. This plan and Bond Issue delineated Section 33 as the specific site for construction of the sewage treatment plant and development of the municipal farm. The location has been approved by the City Planning Commission (who held several meetings before final approval), the City Council, the voters of the City o£ Bakersfield, and the Kern County Regional Planning Advisory Commission. In addition, the City of Bakersfield has entered into agreement to provide sewer service to California State College at Bakersfield, and the State College, as well as the Kern County Land Company, has also concurred with the location in Section 33. Considerable facilities have been constructed and Broad- view Sanitation Company was purchased on the presumption that Section 33 would be the site. Bakersfield, California, December 23, 1968 - Page 5 The staff has received an additional appraisal for the entire Section 33. The appraisal is significantly lower than the two present appraisals. In reviewing these appraisals with the appraisers, the staff finds that a major difference can be attri- buted to the value assigned to the Taft Highway frontage. In Mr. Bergen's opinion, these differences could not be reconciled short of litigation. There.has been considerable opposition from adjacent residents in the proximity of Taft Highway and its intersections with Gosford and Ashe Roads, and in view of that conflict, together with the higher value set on Taft Highway frontage, it is recommended that the frontage of Taft Highway be deleted from the acquisition to a depth of 660 feet. This change is within limitations established prior to this date and will decrease the farm site by 75.6 acres, leaving a net acreage of 549.9 acres. This exceeds the acreage of one of the sites originally evaluated and will be satisfactory. It is recommended that the actual treatment plant facilities be located west of Ashe Road to avoid conflict with present homes located on the east side of Ashe Road. The assessed value of this land is $80 per acre, resulting in a total assessed value of $43,992 for the proposed site, or a market value of $175,968. It is the staff's opinion that Section 33 is the proper site and cannot from a practical be changed. and economical standpoint, the following 1. recommendations: Authorize the purchase of Accordingly, they would make all of Section 33, except south 1/Sth, a total net acreage of 549.9 acres. The treatment plant be constructed 600 feet west of Ashe Road and 400 feet south of McCutcheon Road. When the facilities are constructed, suitable landscaping be provided. Council authorize payment of $176,000 for the site, based on assessed valuation. It should be pointed out to the Council 'that property is rarely acquired for market value based on assessment records and the final cost will very likely be greater. If the offer, based on assessed valuation, is not accepted by the Kern County Bakersfield, California, December 23, 1968 - Page 6 Land Company, the City Attorney should be directed to obtain two new appraisals on the revised site and proceed to acquire the site by negotiations or eminent domain. If the property is acquired by negotiations, the Council will be required to approve the final price and if eminent domain is used, the price will be set at a trial. The Council entered into a discussion regarding the report and the recommendations contained therein. Councilman Heisey stated he felt Mr. Bergen had submitted a very fine report and he particularly likes the recommendations he has made which answer a number of objections. Deleting the south 1/8 of the section automatically drops the price almost in half by taking off the high-priced property which fronts oneTaft Highway. By moving She treatment plant approximately 600 feet further west, it will eliminate the.complaints of the property owners to the east. Offering the price of $176,000 for the property is perhaps not a realistic figure, but it is a beginning, and it might well be that the City will acquire it for that amount. Councilman Heisey then moved adoption of the report. Councilman Vetter stated he does not think the changes will alleviate the objections of the farmers in that area. The thing that concerns him is that these people have not had an opportunity to express their protests and were not given any con- sideration at the time hearings were held to acquire this site. He still feels strongly that it is in the wrong location. Mr. Bergen pointed out that at the Kern Regional Planning Advisory Commission hearing, he was specifically reqMested to talk to the Panama Union School District regarding this, an additional hearing was held, and no one appeared to protest. He stated that any place the plant is located would result in someone protesting against it. This is the only site that is undeveloped, that is acceptable from the standpoint of topography. When hearings were held, no one appeared, and it was unanimously decided that this site was the best site. Had there been a lot of discussion, per- haps one of the other sites being considered would have been selected,they were not as good from an engineering standpoint as this site, but that discussion had to take place five years ago. Bakersfield, California, December 23, 1968 - Page ? Councilman Stiern stated he went out there today and looked at the proposed site and the area around it. He also went out to the plant north of the river, which is probably the newest disposal plant in the area, about ten years old. It represents a plant that is relatively modern, something of the degree and sophis- tication the City is contemplating. He would challenge anyone to go out there and say that the odor or physical facility is object- ionable. The total odor emanating from the plant is less than that coming from an improperly operated septic tank. People are invited to inspect the plant, and complaints are very uncommon. This plant contemplated by the City would be a more modern facility and more closely fulfill the requirements as far as odor is concerned. The stipulations in the report are a promise as to where the plant will be located on the site and that suitable landscaping will be installed to make it attractive. He stated he, personally, would object more to the odor from the feedlot operation in that area than he would to any odor that would emanate from the proposed sewage treatment plant. He is not afraid to anticipate that the odor from the plant will be negligible. Councilman Whirremote stated he represents the Council on the Regional Planning Advisory Commission and he knows that when the meeting was held some time in May, it was held over at the request of three gentlemen who farmed in that area, and Mr. Bergen was instructed to go and talk to these people. There was no attempt to keep the matter a secret. This is a problem that any inland city has, the sophistication Of the plant makes it less offensive, it is a necessary thing and must be placed somewhere. Mr. Jing commented that the location of the site and approval of construction is by the Regional Water Control Board and there were two conditions imposed 1. That they do not pollute the ground water streams or recreational water - 2. That they do not create unsightli.ness or an odor problem. Those conditions are very definite and very specific. Bakersfield, California, December 23, 1968 - Page 8 Interested persons in the audience were permitted to speak at this time. Mr. Bill Destafani, who stated he is a pro- perty owner adjacent to the proposed site, asked that the land- owners have a little more time to study the matter and have an engineer look at the site with the idea of placing it further west, and questioned the price quoted o£ $250,000.00 to move the plant a mile to the west. Mr. Milton Miller discussed the assessed value o£ this property on the tax rolls and the amount b~ing o££ered by the City for the purchase of the site from the Kern County Land Company and recommended that the Council buy the whole section and retain the acreage along the Taft Highway to be dis- posed of at a profit for the taxpayers. City Manager Bergen stated that the Council has always made it very clear that the City does not speculate in property. This has been his feeling, also. He is very doubtful that the Kern County Land Company will sell this property at the price offered in the report, in fact they would perhaps prefer to sell the entire section. However, it is the staff's feeling that if they don't need it, it will eliminate the objections from the adjacent property owners, and the City should not speculate with the additional acreage along the Taft Highway. Councilman Hosking commented that all people in the legal profession who know anything at all about eminent domain know that no jury in the world is going to award Tenneco only the appraised value for that property. They will have experts present saying that the appraised value is too low, that the basis of value is the basis of similar sales in the general area. The City will get penalized by the jury be comparing it with some in the area. if they go that route, because they will of the thousand dollar an acre farm land Mr. Stan Antongiovanni asked if Section 33 was specifically stated on the ballot when the site was voted on. Mr. Bergen stated the plan specifically delineated it and it has a bearing on the site because of the cost element. Mr. Antongiovanni stated he didn't feel that one section was enough to handle the water for farming operations. Bakersfield, California, December 23, 1968 - Page 9 Mr. Bergen commented that he had pointed out last week that the one section will be sufficient land on a farming operation to last for a population of about 25,000 people. When the ultimate area fills in and they are talking about 100,000 people, then it will be necessary to either contract with the adjacent farmers or expand the property. He stated it was the Council's obligation to construct treatment plants for the community, although it isn't always their desire to do so. Mr. Verlon Hughes from the Lakeside Union Elementary School District, and Mrs. Isabel Banducci, an adjacent property owner, ex- pressed their objections to the plant location. Mr. Antongiovanni asked how the City arrived at the figure of 500 acres to take care of the water. Mr. Bergen stated they have a rough estimate of the flow from each home, they make projections of the population, they know what the average flow is. That section will handle between 20,000 and 35,000 people, the sewage treatment area was designed to handle a total population of in excess of lO0,000, the sewage treatment plant would be designed to handle 100,000 people, not the farm. If this need would come up within the next ten or twenty years, the City would enter into an agreement whereby they would sell the water and effluent from that sewage treatment plant to the adjacent ~arms. The City has already had requests from farmers in the area and the plant hasn't even been built. After additional discussion, vote was taken on Councilman Heisey's earlier motion to adopt the report as submitted, which carried. Councilman Vetter voted in the negative on this motion. Allowance of Claims. Upon a motion by Councilman Rees, Vouchers Nos. 2167 to 2392, inclusive, in amount of $67,113.41, as authorized by the Voucher Approval Committee, were allowed, and authorization was granted for payment of same. Authorization was also granted for the transfer of $1,600.00 from Account No. 11-510-6100 to Account No. 11-670-7700 to provide funds for the replacement of one 15 HP Pump at the Broadview Pump Station 32. 1'0 Bakersfield, California, December 23, 1968 - Page 10 Adoption of Ordinance No. 1765 New Series of the Council of the City of Bakersfield amending Section 3.18.060 of the Municipal Code. Upon a motion by Councilman Hosking, Ordinance No. 1765 New Series of the Council of the City of Bakersfield amending Section 3.18.060 of the Municipal Code was adopted by the following vote: Ayes: Councilmen Reisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Adoption of Resolution No. 114-68 of the Council of the City of Bakersfield authori- zing the Mayor of the City of Bakersfield to sign the release of claims against all defersdents in the Western Pipe Cases. Upon of the Council of the City of all defendants vote: a motion by Councilman Rees, Resolution No. 114-68 of the City of Bakersfield authorizing the Mayor Bakersfield to sign the release of claims against in Western Pipe Cases was adopted by the following Ayes: Councilman Reisey, Rosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Approval of Plans and Specifications for the modification of Traffic Signals at the intersection of 34th Street with Union Avenue. Upon a motion by Councilman Reisey, plans and specifi- cations for the modification of Traffic Signals at the intersection of 34th Street with Union Avenue were approved. Adjournment. There being no further business to come before the Council upon a motion by Councilman Rucke/r, the meeting was adjourned at 10:00 P.M. ~ ~/'~ it, ~ MAYOR of ~he City of Bakersfield, Ca~l~ ATTEST: CITY~CLERK and ExZO~cficio~lerk of the Council of the City of Bakersfield, California