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HomeMy WebLinkAboutJULY - SEPT 1968156 Bakersfield, California, July 1, 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. July 1, 1968. In the absence of Mayor Karlen, Vice-Mayor Richard Stiern acted as presiding officer and called the meeting to order. Following the Pledge of Allegiance, Invocation was given by the Reverend H. W. Hause of the Oildale Church of God. The City Clerk called the roll as follows: Present: Councilmen Heisey, Hosking, Rees, Rucker, 8tiern, Vetter, Whittemore Absent: Mayor Karlen Minutes of the regular meeting of June 17, 1968 and budget hearings meetings of June 18, 19 and 20, 1968 were approved as presented. Adoption of Resolution In Memoriam to Charles Preston Linnell, Bakersfield City Fire Chief. Upon a motion by Councilman Rees, seconded by Councilman Heisey, the following Resolution in Memoriam to Charles Preston Linnell, Bakersfield City Fire Chief, was adopted. The Bakersfield City Council notes with deep sorrow the untimely death of Charles Preston Linnell, Bakersfield City Fire Chief, who was a native son of the State of California. A leader in civic life of our community, Charles "Chuck" Linnell was employed by the City of Bakersfield as a firefighter, June 1, 1939, receiving successive promotions until he was appointed Chief of the Fire Department on September 1, 1959. During World War II, Charles P. Linnell was on leave front the City while serving in the United States Navy from 1944 to 1946. He was a member of the International Association of Fire Chiefs, California Fire Chiefs' Association, American Legion, Rotary Club and the National Footprinters Association, and took an active interest in their many worthwhile activities. Charles "Chuck" Linnell was widely known, respected and admired by many in this community. Bakersfield, California, July 1, 1968 - Page 2 In view of the outstanding contributions made by Charles P. Linnell to the City of Bakersfield and desirous that th~ grievous loss to allof the citizens of the City be expressed formally to his sorrowing family, BE IT RESOLVED, that we, the City Council of the City of Bakersfield, do hereby note in the official minutes of the City of Bakersfield the sincere condolence of the City Council and the citizens of Bakersfield to the family of the late Charles P. Linne][1, AND BE IT FURTHER RESOLVED, that a copy of this Memorial Resolution be tendered to the family as a humble expression of the Council's heartfelt sympathy in its bereavement. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof, held on the lst day of July, 1968, by the following vote: Ayes: Noes: Absent: Councilmen Heisey, Hosking, Rees, Rucker, Whittemore None None Stiern, Vetter, APPROVED this 1st /S/ MARIAN S. IRVIN CITY CLERK and Ex-Officio Clerk of the Council of the City of Bakersfield day of July, 1968 /S/ RICHARD A. STIERN VICE-MAYOR of the City of Bakersfield Vice-Mayor Stiern asked everyone present to stand and observe a moment of silence in memory of the late Chief of the Fire Department Charles P. Linnell. Council Statements. Councilman Heisey stated he wanted to commend the Board of Supervisors for its recent action in supporting the City's position in regards to AB 684 which covers the changes in the distribution of Cigarette Tax revenues. The City has opposed this Bill and the Board of Supervisors did likewise and wrote a very fine letter of protest to Senator George Miller Pointing out the fact Bakersfield, California, July 1, 1968 - Page 3 that the City of Bakersfield will lose $131,000 if this Bill is passed. The Board of Supervisors has also taken action toward the potential discontinuance of burning at the ceunty dump and the assumption of a sanitary landfill operation. tle stated their cooperation is certainly to be commended on this score and he knows the public is greatly pleased by it, he has heard nothing but very fine comments on it. During the past week, the Governor signed a Bill which a great many people have worked on for six or eight months, and he thinks a Resolution of Appreciation would be in order addressed to Assemblymen Stacey and Ketchum and to State Senator Walter Stiern, all of whom cooperated in getting AB 198 passed by both Houses and signed by the Governor. The City Attorney has made numerous trips to Sacramento relative to this Bill which provides for a Pump Tax in the Metropolitan Bakersfield area.. Through the combined efforts of a number of people this Bill has been passed. Now the City of Bakersfield and the Kern County Water Agency can start working on their exchange agreements. Councilman Reisey, seconded by Councilman Whittemore, moved adoption of Resolution No. 62-68 of the Council of the City of Bakersfield expressing the appreciation of the efforts of Assemblyman Kent Stacey, Assemblyman William Ketchum and Senator Walter Stiern in securing passage of Assembly Bill 198, which was adopted by the following vote: Ayes: Noes: Absent: Councilmen Heisey, Hosking, Whittemore Rees, Rucker, Stiern, Vetter, None None Councilman Heise¥ stated he has talked to Mayor-elect Don Hart in regard to the naming of the four year college for Bakersfield and he had a letter in his possession in which it was suggested that the name of the College be "California State College - Kern County." Mr. Hart asked that the Council send a 15 9 Bakersfield, California, July 1, 1968 - Page 4 letter to Mr. Ted Merriam, chairman of the Trustees of California State College, 5670 Wilshire Blvd., Los Angeles, 90036, and request that the name of the college be "California State College - Bakers- field." After discussion, Councilman Hosking suggested that this be handled by a Resolution, and upon a motion by Councilman Heisey, Resolution No. 63-68 of the Council of the City of Bakersfield urging the Board of Trustees of the California State Colleges to name the new State College located at Bakersfield "California State College Ayes: Noes: Absent: - Bakersfield", was adopted by the following vote: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Whittemore None 4935, inclusive, Approval Committee, payment of same. Vetter, None Allowance of Claims. ~ Upon a motion by Councilman Rees, Vouchers Nos. 4813 to in amount of $90,642.00, as audited by the Finance were allowed, and authorization was granted for Action on Bids. Upon a motion by Councilman Hosking, lump sum prices bid by A-C Electric Company for installation of Traffic Signal and Street Lighting Systems at the intersection of 21st Street with "F" and "L" Streets were accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Councilman Hosking requested that the Editor of the Bakersfield Californian be notified of the Council's action, as the newspaper ran an editorial sometime ago asking that action be taken to install a signal at this dangerous intersection, and Mr. Hosking wants them to know that the power of the press is great. Approval of Plans for paving and Improving Truxtun Avenue between "H" and "F" Streets. After discussion, upon a motion by Councilman Heisey, plans and specifications for paving and improving Truxtun Avenue between 160 Bakersfield, California, July 1, 1968 - Page 5 "H" and "F" Streets were approved, with. no authorization given by the Council to advertise for bids to do the work pending a report from the Director of Public Works as to whether the Greater Sepa- ration of Grade District underpass project on the vote on the proposition. will place the proposed "F" Street November Ballot and the results of the Appointment of Members of the Group Relations Board. Inter- Mrs. Helen Lee Day Charles Williams Ed Spencer Mrs. Frances Sill David C. Scott Rudy Galicia Dr. Homer K. Myles Councilman Heisey Councilman Vetter Councilman Rucker Councilman Stiern Councilman Rees Mayor Karlen Mayor Karlen Councilman Hosking and Councilman Whittemore stated they would make their appointments later, as neither of their previous appointees desired to serve for another term. Adoption of Ordinance No. 1740 New. Series of the City of Bakersfield amending Chapter 1L. 04 of the Municipal Code of the City of Bakersfield by adding Section 11.04.762 prohibiting parking on certain portions of Brundage Lane. Upon a motion by Councilman Vetter, Ordinance No. 1740 New Series of the Council of the City of Bakersfield amending Chapter 11.04 of the Municipal Code of the City of Bakersfield by adding Section 11.04.762 prohibiting parking on certain portions of Brundage Lane, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None the Inter-Group Relations Board, terms to expire July 1, 1969: At this time the following appointments were made to Bakersfield, California, July 1, 1968 - Page 6 Adoption of Ordinance No. 1741 New Series of the Council of the City of Bakersfield adding Chapter 6.50 of the Municipal Code of the City of Bakersfield providing for (1) the procedure by which a District with and additional tax for a Business License for a business operating in such a District may be established; (2) the procedure for fixing or changing the boundaries of any such District; (3) the adoption of the initial tax for business within such Dis- trict and the establishment of the pro- cedure by which such rates may be changed; (4) use of which such additional revenue raised by this tax may be used; (5) the procedure of giving of notices and holding hearings in connection with such District, its establishment, changes in its boundaries, and changes in any tax rates derived from this Chapter. Upon a motion by Councilman Rucker, Ordinance No. 1741 New 8eries of the Council of the City of Bakersfield adding Chapter 6.50 to the Municipal Code of the City of Bakersfield providing (1) The procedure by which a District with an additional tax for a Business License for a business operating in such a District may be estab- lished; (2) The procedure for fixing or changing the boundaries of any such District; (3) The adoption o£~ the initial tax for business within such District, and the establishment of the procedure by which such rates may be changed; (4) Use of which such additional revenue raised by this tax may be used; (5) The procedure of giving of notices and holding hearings in connection with such District, its establishment, changes in its boundaries, and changes in any tax rates derived from this Chapter, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Adoption of Resolution No. 58-68 of the Council of the City of Bakersfield approving and adopting the Plans, Speci- fications and District Map in the matter of Public Improvement District No. 827. Upon a motion by Councilman Rucker, Resolution No. 58-68 of the City Council of the City of Bakersfield approving and adopting 162 Bakersfield, California, July 1, 1968 - Page 7 the Plans and Specifications and District Map in the matter of Public Improvement District No. 827 was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Adoption of Resolution of Intention No. 827 declaring Council's intention to construct curbs, gutters, sidewalks, driveway approaches and alley returns in Public Improvement District No. 827 and fixing the time and place of public hearing thereon. Upon a motion by Councilman Rees, Resolution of Inten- tion No. 827 declaring the Council's intention to construct curbs, gutters, sidewalks, driveway approaches and alley returns in Public Improvement District No. 827 and fixing August 5, 1968 in the Council Chambers as the time and place for public hearing thereon, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None First reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 10.52 to the Municipal Code of the City of Bakersfield pro- hibiting certain taped or recording devices utilizing Police and Fire Department Emergency Telephone Systems. Mr. Charles Howard, of Space Age Alarm Company, requested to address the Council at this time and demonstrate his electronic equipment for reporting police or fire emergency calls which utilize the telephone trunk lines of the Police and Fire Depart- ments of the City of Bakersfield by calling the Police within nine seconds. Police Chief Towle had asked the Council to pass an ordinance which would prohibit the use of this equipment which would utilize Police and Fire Department Emergency Telephone Systems. During discussion, Mr. Howard stated that his company would be willing to install and pay for a private trunk line into Bakersfield, California, July 1, 1968 - Page 8 the Police Department to handle calls from this electronic device. Councilman Hosking stated that it seemed to him this device is a very excellent one that is very much needed, and this is not a problem that needs to be solved with an ordinance, it could be solved between the telephone company, the Police Department, and the Space Age Alarm Company, without prohibiting the use of this very excellent device. He suggested that this be held over for a little more study and to ascertain from the telephone company if there isn't some solution.other than a flat prohibition. Councilman Heisey stated he believes that the solution would be for Mr. Howard's company to install one or two additional trunk lines into the Police Department in order to avoid jamming the switchboard, and moved that the matter be deferred for further study until next Council meeting. After some discussion, City Attorney Hoagland reminded the Council that this is a first reading of the proposed ordinance, asd since the Council wants to look into it further, it will be automatically deferred for two weeks. Adoption of Resolution No. 59-68 of the City of Bakersfield opposing application No. A 50 211 of the Southern Pacific Railroad Company to discontinue passenger Trains 51 and 52 operating between San Francisco and Los Angeles via the San Joaquin Valley. Councilman Whittemore moved adoption of Resolution No. 59-68 of the City of Bakersfield opposing application No. A 50 211 of the Southern Pacific Railroad Company to discontinue passenger trains 51 and 52 operating between San Francisco and Los Angeles via the San Joaquin Valley. During discussion, Councilman Hosking stated there was no conceivable reason for requiring the Railroad Company to operate empty passenger trains, so he is going to vote against the resolution. Councilman Rees stated the record would show that he ordered this Resolution to be prepared, but since that time he has had a chance to think about it, and he is inclined to believe that 164- Bakersfield, California, July l, 1968 -Page 9 in the interests of the people and the users of the railroad, this resolution should not be passed. This particular train has been running at a loss for many years and at one time, it had sub- stantial patronage, however, with the token patronage they now have, it doesn't appear to him that the Council should insist that this train run at a loss to the railroad company. Running at a loss would be reflected in freight rates, etc., which would mean that the public would have to pay increased rates for a passenger train that is not patronized. He therefore moved that the Resolution be tabled. This motion failed to carry by the following roll call vote: Ayes: Noes: Absent: Councilmen Heisey,'Hosking, Rees Councilmen Rucker,'Stiern, Vetter, Whittemore None Councilman Whirremote stated that the services have been allowed to diminish on passenger trains to the poil~t where the company has made it unattractive for the public to ride trains. This passenger service is very important to the valley and is going to become more important as the City of Bakersfield gains its normal growth, the college is an example of this, students will need to ride the trains, any industrial development will require passenger trains. He stated he feels the Council should request the railway companies to improve their service and put their trains in shape so that they will be attractive for people to use. Councilman Stiern commented that at one time this train and its counterpart were very fine trains to travel on. But he can't think of a single thing that has been done lately to improve the service, they have taken service and comfort away from cus- tomers, do not provide meals, etc. He questioned whether the railroads were not a public utility, and should be required to provide service which may not be economical but nevertheless is a public service. Transportation is essential for emergencies, when the valley is fogged in, etc. Councilman Heisey stated the Public Utilities Commission is a professional body which spends full time studying these matters, Bakersfield, California, July 1, 1968 - Page 10 and he offered a substitute motion that the City request the Public Utilities Commission to look out for the best interests of the people of Bakersfield and Kern County in deciding this issue. After discussion the substitute motion failed to carry by the following roll call vote: Ayes: Noes: Absent: Councilmen Heisey, Hosking, Councilmen Rucker, Vetter, None Vote was then taken on Councilman Whittemore's original Rees Stiern, Whittemore 52, First reading of an Ordinance naming the Cul-De-Sac located 330 feet west of the northwest corner of Bernard and Oswell Streets. First reading was given to an Ordinance naming the Cul-De- Sac located 330 feet west of the northwest corner of Bernard and Oswell Streets - Cleo Court. Adoption of Resolution No. 60-68 finding that certain Weeds growing on property in the City of Bakersfield constitute a public nuisance and directing the Super- intendent of Streets to destroy said Weeds. Director of Public Works Jing requested that the words "or certified" be added to the bottom of the first page of the pro- posed Resolution, and upon a motion by Councilman Vetter, Resolution No. 60-68 finding that certain Weeds growing on property in the City of Bakersfield constitute a public nuisance and directing the Super- intendent of Streets to destroy said Weeds, was adopted as amended by the following vote: Ayes: Noes; Absent: Councilmen Heisey, Hosking, Whittemore None None Rees, Rucker, Stiern, Vetter, Ayes: Councilmen Rucker, Stiern, Vetter, Whittemore Noes: Councilmen Heisey, Hoskin~ Rees Absent: None motion to adopt the Resolution opposing the application of the Southern Pacific Company to discontinue passenger trains 51 and which carried by the following roll call vote: 166 Bakersfield, California, July 1, 1968 - Page 11 First reading of an Ordinance of the Council of the City of Bakersfield amending Section 6.12.020 of the Muni- cipal Code changing the rate of Transient Lodging Tax from 4% to 5%. After discussion, first reading was given to an Ordi- nance of the Council of the City of Bakersfield amending Section 6.12.020 of the Municipal Code changing the rate of Transient Lodging Tax from 4% to 5%. Verified Claims for damages referred to the City Attorney. Upon a motion by Councilman Whittemore, verified claims for damages from Robert Bebout, Nadine Walter, Elizabeth Peniz and Edith Ross were referred to the City Attorney. Approval of Agreement with the Bakers- field City School District to transport pupils attending day camp of the Bakers- field Recreation Department. Upon a motion by Councilman Whittemore, the Bakersfield City School District to transport day camp of the Bakersfield Recreation Department was the Mayor was authorized to execute the contract. Approval of new specifications for Engineer IV and Sanitation Route Inspector. Upon a motion by Councilman Heisey, new specifications for the positions of Engineer IV and Sanitation Route Inspector were approved and adopted. Approval of drawing for Standard Sidewalks. Upon a motion by Councilman Heisey, drawing for Standard Sidewalks was approved. Councilman Heisey asked the Director of Public Works to notify Monseigneur Roger McCann of St. Joseph's Church that approval has been granted to install a colored side- walk as requested. Approval of Plans and Specifications for Paving and Improving Ming Avenue between Real Road and U.S. 99 Freeway. Upon a motion by Councilman Whittemore, plans and speci- fications for Paving and Improving Ming Avenue between Real Road and U.S. 99 Freeway were approved and the Auditor-Controller was authorized to advertise for bids. agreement with pupils attending approved and Bakersfield, California, July 1, 1968 - Page 12 Acceptance of Street Right of Way Deed from John H. Deeter and Marcella D. Deeter for alley between Tract 3136 and Oak Street. Upon a motion by Councilman Hosking, street right of way' Deed from John H. Deeter and Marcella D. Deeter~for alley between Tract 3136 and Oak Street was accepted. Acceptance of Work and Notice of Com- pletion for Contract No. 53-68 for construction of a storm drain in Kern Street between East 18th Street and East Truxtun Avenue. Upon a motion by Councilman Rucker, seconded by Councilman Reisey, the Work was accepted under Contract No. 53-68 for construct- ion of a storm drain in Kern Street between East 18th Street and East Truxtun Avenue and the Mayor was authorized to execute the Notice of Completion. Approval of Map of Tract No. 3136 and Contract and Specifications for Im- provements within said Tract. Upon a motion by Councilman Hosking, it is ordered that the Map of Tract No. 3136 be, and the same is hereby approved. That all the streets, alleys and easements shown upon said map and thereof offered for dedication be, and the same are hereby accepted for the purpose or the purposes for which the same are offered for dedication. Pursuant to the provisions of Section 11587 of the Business and Professions Code, the City Council hereby waives the requirements of signatures of the following: Kern County Land Company Pacific Gas & Electric Company City of Bakersfield County of Kern Pacific Telephone & Telegraph Company Mineral rights below 500 feet Tower Line Easement for pole lines and incidentals in vacated 25th St. Easement for road along old Stine extension canal Easement for communication facilities The Clerk of this Council is directed to endorse upon the face of said map a copy of this order authenticated by the seal of the City Council of the City of Bakersfield and the Mayor was authorized to execute the contract and specifications covering im- provements in said Tract. lfJ8 Bakersfield, California, July 1, 1968 - Page 13 Encroachment Permit granted W. B. Murray for wrought iron fence on channel iron base. Upon a motion by Councilman Rees, Encroachment Permit was granted W. B. Murray, 2909 Deburn Street, for construction of a wrought iron fence on a channel iron base adjacent to the side- walk. Encroachment Permit granted Pacific Gas and Electric Company. Upon a motion by Councilman Hosking, Encroachment Permit was granted Pacific Gas & Electric Company for barbed wire climb- ing barrier to be placed on the top of an existing fence on the north side of 26th Street approximately 115 feet west of Union Avenue. Acceptance of three Street Right of Way Deeds from Harold Stellmacher and Herscheil D. Buxton for right of way required for the widening of South "H" Street near Lacey Street and Hendricks Lane. Upon a motion by Councilman Whittemore, three street right of way Deeds from Harold Stellmacher and Herscheil D. Buxton for the right of way required for the widening of South "H" Street near Lacey Street and near Hendricks Lane were accepted. Approval of request of Kentucky Roast Beef for permission to connect building at 3011 Brundage Lane to the City sewer line. Upon a motion by Councilman Vetter, permission was granted Kentucky Roast Beef to connect building at 3011Brundage Lane to the City sewer line conditioned to: 1. Plan submitted for review and approval 2. All work to be done in conformance with City specifications. Adoption of Resolution No. 61-68 of the Council of the City of Bakersfield approving and submitting a request to the Public Utilities Commission for State allocation for automatic signal devices at the crossing of South "H" Street and the Buttonwillow Branch of the Southern Pacific Railroad. After discussion, upon a motion by Councilman Whittemore,. Resolution No. 61-68 of the Council of the City of Bakersfield Bakersfield, California, July 1, 1968 - Page 14 Ayes: Noes: None Absent: None approving and submitting a request to the Public Utilities Commission for State allocation for automatic signal devices at the crossing of South "H" Street and the Buttonwillow Branch of the Southern Pacific Railroad, was adopted by the following vote: Councilmen Reisey, Rosking, Rees, Rucker, Stiern, Vetter, Whittemore Reception of Statement of all Votes Cast at the Nominating Municipal Election of June 4, 1968, and Certificate of the County Clerk of Results of Canvass ef same. Upon a motion by Councilman Hosking, Statement of all Votes cast at the Nominating Municipal Election for Mayor held June 4, 1968 in the City of Bakersfield, with Certificate of the County Clerk to the Result of the Canvass attached thereto, was received and ordered placed on file. The votes cast at said election for the office of Mayor were as follows: Total number of votes cast including Absentee Vote 23,153 Total number of votes cast for Donald M. Hart 14,225 Total number of votes cast for Howard Lake 6,761 Total number of votes cast for Albert Leon 2,167 The votes cast at said election for City of Bakersfield Referendum -Measure A, altering Ward Boundaries, were as follows: Total number of votes cast including Absentee Vote 20,389 Total number of Yes votes cast 16,078 Total number of No votes cast 4,311 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Vetter, the meeting ~s adjourned at VICE-MAYOR of the City of Bakersfield, Calif. ATTEST: T¥ CLERK and Ex~,O~fic~lo Clerk o~ the Council of the City of Bakersfield, California 170 Bakersfield, California, July 15, 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., July 15, 1968. In the absence 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 Donald Swain of the Westminster Presbyterian Church. The City Clerk called the roll as follows: Present: Councilmen Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Absent: Mayor Karlen. Councilman Heisey Minutes of the regular meeting of July 1, 1968 were approved as presented. Scheduled Public Statements. Mr. David H. Urner, chairman of the Sister City Committee, addressed the Council, introducing two Japanese high school teachers from Wakayama who are studying English at the summer session of Bakersfield College. He issued an invitation to the Mayor and the members of the Council to attend a luncheon-reception for the entire cast of "Sing Out Asia", to be held at Bill Lee's Bamboo Chopsticks on July 24th at 1 P.M. This group of 150 college and high school students representing most of the free countries of Asia will perform at the Civic Auditorium at 6 P.M., Wednesday, July 24th. This event is sponsored by Bakersfield's Sister City Committee and the local "Up With People" group. Mr. Carl Newton, advisor to the NAACR Youth Council, stated that as suggested by the Mayor when this group appeared before the Council a few weeks ago, they have investigated the summer youth program and have come to the conclusion that indivi- dually there is still some justification for their allegations that there is discrimination in hiring. They have talked with Mr. Cranford, manager of the Youth Opportunity Center, and his staff is going to be working closely with the Youth Council in developing good, sound communication with the black students and young people of the community. He stated they are anticipating starting a Bakersfield, California, July 15, 1968 Page 2 program which their regionaldirector has helped set up and has been tried in other cities, which will be a help to the area. They feel very strongly that the climate has to be changed in regard to the black awareness that is coming, that the City Fathers could do a lot more. The "Happiness is a Summer Job" pro-. gram was a let-down because it wasn't as much as it was played up to be. He offered the suggestion that in the future more ground work be done, that it is really a slap in the face when a city of this size could develop only 165 jobs for youth this summer, they should be able to shake the businessman out of his complacency and get more for the young people. He stated that if this vacuum isn't filled with moderate thinking, positive steps to assure jobs for the young people, that an explosive situation will develop that will cost considerably more than the taxes they are trying to save. He asked the Council to re-evaluate its own personal thinking con- cerning the black man, to help this disadvantaged group in any way possible. They will be contacting the City Council and different City officials from time to time regarding a program to expand job opportunities in this area which they feel will help stem the tide. Mr. Walter Jaynes, owner of the Saddle Mart Liquor Store at 101 Union Avenue, addressed the Council relative to the proposed ordinance prohibiting certain taped or prerecording devices utilizing Police and Fire Department emergency telephone systems, and urged the Council to permit use of the device. He stated that he has leased one of these alarm systems and needs it for protection of his women employees in his store, especially after he has experienced several holdups recently. He stated that if this ordinance is adopted, he cannot connect this device into the Police Department switchboard to call for assistance when he needs it. He pointed out that a call on this recording device would be completed in about 15 seconds and he cannot imagine how a conversation of that length would jam the Police Department switchboard, it would not take any longer or be any different that an individual making a call to the Police Depart- ment. Vice-Mayor suggested that comment from the Council be deferred until this ordinance comes up on the agenda for adoption. 172 Bakersfield, California, July 15, 1968 - Page 3 Reports. Councilman Vetter reported that a wire had been sent to Senator Walter Stiern by the Budget Review and Finance Committee on July 3rd stating that the City of Bakersfield joins Kern County in urging his support of AB 149. The Committee feels AB 149 is the only hope in sight for meaningful property tax relief. Senator Stiern replied on July 8, 1968, stating thai this Bill is presently under consideration by the State Committee on Finance and will probably be heard with two other measures involving the same $155,000,000 under discussion. Serious consideration is being given to all three measures, one of the most is determining the amount actually available. has presented at least three sets of figures important features The administration in as many months. The Legislative Analyst is scrutinizing available fiscal infor- mation and advising the Senate Committee as accurately as he can. The Department of Finance has been asked to re-evaluate their data. It is impossible to predict regarding AB 149 as the 13 member Finance Committee makes its determination. Senato~ Stiern stated he pledged to the Council that he will give this Bill only his most serious and careful consideration at the time it is voted upon. Council Statements. Councilman Hosking stated he was very much impressed by Mr. Newton's remarks this evening and he would say that the re- sponsible conservatives were convinced that what the country needs is the negative income tax type of legislation at the national level which would be better in the long run than attempts to supply jobs for people who obviously need money and need work, and the economy simply doesn't have that many jobs for the population. If people will start thinking about it seriously, this is the ultimate answer to problems of welfare. He stated he realizes that this is not something that a City Council probably should be too concerned about except that the Council is asked by Mr. Newton and others to consider these things and do more and he thinks that this idea itself would do more for the minority than anything else that is presently being considered. Bakersfield, California, July 15, 1968 - Page 4 Councilman Stiern commented that anything that affects the economy of the community is the concern of the Council. Councilman Vetter commented briefly on Mr. Newton's state- ment stating he appreciates him taking the time to come down to the Council meeting. This job program that was started this year for the first time has not developed as rapidly as the City would like, but 165 jobs are a start, and he thinks that it is important to look at it on the positive side and not down-grade the efforts that have been made. In the coming years he hopes that the program can continue to be supported by the business community. It is important to realize that business people are obligated to their own operation to work as economically as possible~ and if it is not possible for a firm to employ additional people, it should not be expected that they do so. He asked Director of Public Works Jing if contractors were required to post a bond to clean up lots after buildings have been moved. He stated that in the area of Snyder Lane where the freeway is going through, they are in the process of moving some houses an,fl have left the lots in bad shape. Mr. Jing said he would contact tlhe State's right of way agent and check this matter out with him. Councilman Rucker stated he wanted to compliment Mr. Newton for the effort that is being made to obtain jobs for the students and disadvantaged people who are definitely in need and who should be 'the ones who are considered for any available jobs. He is not in favor of the suggestion made by Mr. Hosking, because they do not want to create laziness in people~ these people want jobs to support them- selves, they are not looking for a handout. He hopes that Mr. Newton can produce a program that will encourage business people to employ those people who need jobs, and he is quite sure Bakersfield will make definite progress in this direction. Bakersfield, California, July 15, 1968 - Page 5 Allowance of Claims. Upon a motion by Councilman Rees, seconded by Council- man Rucker, Vouchers Nos. 4987 to 5066 and Nos. 1 to 150 inclusiwe, deleting No. 103 in amount of $64,948.72, as audited by the Finance Approval Committee, were allowed, and authorization was granted for payment of same. Action on Bids. Upon a motion by Councilman Rees, low bid of Three-Way Chevrolet to furnish eight truck chassis was accepted, this being the only bid returned meeting all the requirements and conditions. Upon a motion by Councilman Rees, the Firlance Director was authorized to sell six used refuse packer bodies and with- hold action on the purchase of new packer bodies pending the return of the bids for the sale of the used packers. Upon a motion by Councilman Vetter, low bid submitted by Stewart Electric Supply for conductor cable was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Whittemore, bid of the Bakersfield Californian for Legal Advertising was accepted, and the Mayor was authorized to execute the contract. Adoption of Ordinance No. 1742 New Series naming the Cul-De-Sac located 330 feet west of the northwest corner of Bernard and Oswell Streets. Upon a motion by Councilman Hosking, Ordinance No. 1742 New Series naming the Cul-De-Sac located 300 feet west of the northwest corner of Bernard and Oswell Streets Cleo Court,'was adopted by the following vote: Ayes: Councilmen Hosking, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: Councilman Heisey Bakersfield, California, July 15, 1968 - Page 6 Adoption of Ordinance No. 1743 New Series of the Council of the City of Bakersfield amending Section 6.12.020 of the Municipal Code changing the rate of Transient Lodging Tax from 4% to 5%. After discussion, upon a motion by Councilman Roes, Ordi- nance No. 1743 New Series of the Council of the City of Bakersfield amending Section 6.12.020 of the Municipal Code changing the rate of transient lodging tax from 4% to 5% was adopted by the following vote: Ayes: Noes: Absent: Councilmen Hosking, Roes, Whittemore None Councilman Heisey Rucker, Stiern, Vetter, Adoption of Ordinance No. 1744 New Series of the Council of the City of Bakersfield adding Chapter 10.52 to the Municipal Code of the City of Bakersfield prohibiting certain taped or prorecording devices uti- lizing Police and Fire Department emergency telephone systems. During Council discussion of this ordinance, Hosking stated he felt that if they were needed, more should be installed in the Police Department in order use of the alarm system devices. Councilman trunk lines to permit Councilman Roes asked if the staff would explain how Mr. Jaynos' investment would be protected under this ordinance. City Manager Bergen replied that he does not think the City of Bakers- field is required to protect someone's investment if it involves dealing with the promotion of some business. If it involves the safety of the businessman, the leasing company is not prohibited from installing separate lines into the Police Department, or using a telephone answering service. There is nothing in this ordinance that would prohibit this. Councilman Whittemore commented that there is no objection from the Police Department in cooperating with this venture, but t]~e man is not selling a complete package to the businessmen and store owners by telling them they can tie into the Police Department switchboard, because it is an emergency service, they are limited Bakersfield, California, July 15, 1968 Page 7 in the number of trunk lines, and the only thing this promoter has to do is to complete his package and install his own line as many other businesses do. He thinks it is sound reasoning on the Police Department's part to require a separate line to be installed for this alarm system. Councilman St iern stated it was his understanding from the representative of the alarm system company who attended the last Council meeting, that he intended to install his own phone line into the Police Department to take calls from this device. Councilman Whittemore stated that was his understanding also, and if the owner of this system wanted to sell his product, it is not unreasonable to ask him to do this. Councilman Vetter stated that one of the principal objections is the use of the Police Department lines and switch- board which would be making this product an integral part of the Police Department. It would seem to him that it could become a situation where the City would be involved if the alarm system did not function properly. Therefore, in his opinion, the only answer to the problem is the installation of his own lines, and he should advise his customers that he will do this. Also, Councilman Vetter suggested that a way to solve the question of whether the line would still function if the firm went out of business would be to require the posting of a bond to cover the payment of the separate telephone lines. City Attorney Hoagland stated this could be done but it would require another ordinance as this ordi- nance covers only the existing trunk lines into the Police Depart- ment. Mr. Bill Burdick, a consultant criminalogist, stated he had experience with such alarm systems and it would be possible to jam the Police Department's lines and cited several recent ex- periences in which the police phones had been jammed, including the hot line. He stated that this ordinance will actually protect businessmen and suggested that the signal could be directed to an answering service which in turn could alert the Police Department. Bakersfield, California~ July 15, 1968 - Page 8 177 Mr. Jaynes stated this alarm will not be used as just a gadget, he has never used it, but when he does he will do so be- cause they need help, and his employees feel that this little gadget installed in his place of business is protecting their life. This system will be used only in case of an emergency as it can be activaSed without the knowledge of the criminal and the Police Department can be on the scene of the crime as it is being committed. Councilman Hosking commented he doesn't know how many merchants there are in town but Shere can't be two or three thou- sand of these installations. He doesn't think the Council should prohibit the use of the Police Department trunk lines on the basis that the lines should be left open for the general public. These merchants can certainly be considered as the general public, and he feels they should be able to call the Police Department by burglar alarm or any other way they can get through. If there is any pro- blem with trunk lines, more trunk lines should be installed. Councilman Rucker stated that progress is made through trial and error. He therefore suggested that, if at all possible, the City make an effort to put the device on a trial basis, and if this was not satisfactory, then remove it and require a separate l~ne. Certainly, merchants and business people should be protected. Councilman Whittemore stated that he believes all the Council agrees that the businessmen should have protection, but he would also like to comply with the Police~ Department's request that it be installed on a separate board. He agreed with Councilman Vetter that the company who manufacturers the device should be bonded to provide a separate line into the Police Department. Councilman Vetter stated that it still seems to him that whoever sells this type of alarm system has an obligation to furnish a separate line to its customers. He is all for having as much protection as possible for the merchants, but he does not feel the way this particular system operates would be in the best interests of the merchants. 178 Bakersfield, California, July 15, 1968- Page 9 Councilman Rees moved adoption of the ordinance. During discussion of the motion, Councilman Stiern stated he was impressed with the feelings of people in law enforcement whose job it is to provide protection and prompt service, but who have nevertheless warned the Council that this alarm system does jeopardize the type of service they are able to give through their switchboard. He thinks it might be well for any Councilman who doesn't believe this to talk to the telephone company about how easy it is, either intentionally or unintentionally, to tie up telephone lines. He has not been convinced that the representatives of the company who sell these alarm systems are not obligated to lease a line or cable into the Police Department. Therefore, he is going to support the motion. Councilman Hosking commented that any first class criminal knows how to tie up police lines without any difficulty. But he is still not convinced that a number of these machines would malfunction at the same time, this is not credible. He is not convinced of the arguments and he has not changed his position of two weeks ago. He believes fears that the switchboard will be jammed are exaggerated and the probabilities of the things happening that they are being asked to guard against are remote. After some further discussion, vote was taken on the adoption of Ordinance No. 1744 of the Council of the City of Bakers- field adding Chapter 10.52 to the Municipal Code of the City of Bakersfield prohibiting certain taped or prerecording devices utilizing Police and Fire Department emergency telephone systems, which carried by the following vote: Ayes: Noes: Absent: Councilmen Rees, Stiern, Vetter, Councilmen Hosking, Rucker Councilman Heisey Whittemore Bakersfield, California, July 15, 1968 -Page 10 79 Adoption of Resolution of Intention No. 833 of the Council of the City of Bakers- field, California, declaring its intention to order the vacation of a portion of Sonora Street north of Sumner Street in the City of Bakersfield, California. Upon a motion by Councilman Whittemore, Resolution of In- tention No. 833 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of a portion of Sonora Street north of Sumner Street in the City of Bakersfield, California, and setting date of August 19, 1968 for hearing on the matter before the Council, was adopted by the following vote: Ayes: Noes: Absent: Councilmen Mosking, Rees, Rucker, Stiern, Whittemore Vetter, None Councilman Heisey First reading of an Ordinance amending and revising the Buildings and Con- struction Title of the Municipal Code. At this time first reading was given an Ordinance amending vote: Ayes: Noes: Absent: Councilmen Hosking, Rees, Whittemore None Councilman Heisey Rucker, Stiern, Vetter, Adoption of Resolution of Intention No. 832 of the Council of the City of Bakers- field declaring its intention to order the vacation of a Public Utilities Ease- ment in Tract 3101, City of Bakersfield. ~ Upon a motion by Councilman Whittemore, Resolution of Intention No.~ 832 of the. Council of the City of Bakersfield declaring its intention-to order the vacation of a Public Utilities Easement in Tract 3101, City of Bakersfield, and setting August 19, 1968 for hearing on the matter before the Council was adopted by the following Code. and revising the Buildings and Construction Title of the Municipal 1SO Bakersfield, California, July 15, 1968 - Page 11 Adoption of Ordinance No. 1745 New Series of the Council of the City of Bakersfield amending Sections 3.18.030, 3.18.070, 3.18.140, 3.18.152 (a) (b) and (c), 3.18.- 160 (b) and 3.18.180 (a) and (h) of the Municipal Code of the City of Bakersfield. Upon a motion by Councilman Hosking, Ordinance No. 1745 New Series of the Council of the City of Bakersfield amending Sections 3.18.030, 3.18.070, 3.18.140, 3.18.152 (a) (b) and (c), 3.18.160 (b) and 3.18.180 (a) and (h) of the Municipal Code of the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Heisey Reception of City Clerk's Certificate of Sufficiency of Petition asking that Plaza No. i be annexed to the City of Bakersfield and requesting that a special election be called to submit the question of annexation to the electors residing within the territory. Upon a motion by Councilman Whittemore, City Clerk's Certificate of Sufficiency of Petition asking for the annexation of that certain territory designated as Plaza No. 1 to the City of Bakersfield and requesting that a special election be called to submit the question of annexation to the electors residing within the territory was received and ordered placed on file. Adoption of Resolution No. 64-68 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 submitting to the qualified electors residing in said territory shall be annexed to the City of Bakersfield, and fixing a time and place when and where any person owning real property within such territory may appear before said Council and show cause why such terri- tory should not be so annexed - PLAZA NO. 1. Upon a motion by Councilman Rees, Resolution No. 64-68 of the Council of the City of Bakersfield declaring its intention Bakersfield, California, July 15, 1968 - Page 12 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 August 5, 1968 in the Council Chambers of tlhe City Hall at eight o'clock P.M., 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 - PLAZA NO. l, was adopted by the following vote: Ayes: Councilmen Hosking, Rees, Rucker, Stiern, Vetter, whirremote Noes: None Absent: Councilman Heisey Approval of Holidays for remainder of Calendar.Year 1968. Upon a motion by Councilman Whittemore, the following holidays were approved for the remainder of calendar year 1968: Labor Day Admission Day Veteran's Day Thanksgiving Day Christmas 1st Monday in September September 9 November ll November 28 December 25 Request from Stockdale Development Corporation for annexation of certain territory west of proposed California Avenue No. i Annexation referred to the. Planning Commission for study. and recommendation. Upon a motion by Councilman Whittemore, request from Stockdale Development Corporation for annexation of that certain territory west of California Avenue No. i Annexation which con- tinues west of Stockdale Country Club was referred to the Planning Commission for study and recommendation. First reading of an Ordinance to amend Section 17.36.020 of the Municipal Code of the City of Bakersfield to permit the Drilling and Operation of Oil and Gas Wells in "A" Zones. First reading was given an Ordinance to amend Section 17.36.020 of the Municipal Code of the City of Bakersfield to permit the drilling and operation of Oil and Gas Wells in "A" Zones. 182 Bakers£ield, California, July 15, 1968 .- Page 13 Encroachment Permit granted George Haberfelde, Inc. for construction of sidewalk planter. Upon a motion by Councilman Vetter, Encroachment Permit was granted George Haber£elde, Inc. for construction of sidewalk planter abutting an existing property line fence. Approval of Joint Exercise of Powers Agreement with the County of Kern for acquisition of right of way required for widening of Brundage Lane between Union Avenue and 1200 feet east of Cottonwood Road. Upon a motion by Councilman Rucker, Joint Exercise of Powers Agreement with the County of Kern for acquisition of right of way required for widening of Brundage Lane between Union Avenue and 1200 feet east of Cottonwood Road was approved and the Mayor was authorized to execute the contract. Request from McCarthy Tank & Steel Company for narrowing of 32nd Street referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Hosking, request from McCarthy Tank and Steel Company to narrow 32nd Street to 60 feet was referred to the Planning Commission for study and recommendation. Claim for personal injuries from Mary E. Curtman referred to the City Attorney. Upon a motion by Councilman Rees, claim for personal injuries from Mary E. Curtman was referred to the City Attorney. Acceptance of Street Right of Way Deed from Gordon Simon for widening of South "H" Street near Planz Road. Upon a motion by Councilman Whittemore, street right of way deed from Gordon Simon for right of way required for the widening of South "H" Street near Planz Road was accepted. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Vetter, the meeting was adjourned at 10:10 P.M. VICE-MAYOR of the City of Bakersfield, Calif. ATTE ST: CITY CLERK and Ex~dfficlo Clerk of the Council of the City of Bakersfield, California Bakersfield, California, August 5, 1968 Minutes oi the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. August 5, 1968. The Mayor called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend James Versluys of the First Christian Reformed Church. The City Clerk called the roll as follows: Present: Mayor Karlen. Councilmen Heisey, Rosking, Rees, Vetter, Whittemore Absent: Councilmen Rucker, Stiern Minutes of the regular meeting of July 15, 1968 were approved as presented. Service Pin Award. At this time Mayor Karlen presented a five-year service pin to Councilman Whirremote. Presentation of a 25-year service pin was made later to Ysidro Aguirre of the Street Maintenance Division of the Public Works Department. Scheduled Public Statements. Mr. Vince Casper, president of the Downtown Business Association, commented on report on the program for the revitali- zation of retail activity in the City core, which was prepared by Richard Graves Associates and presented to the Bakersfield Redevelop- ment Agency last Thursday evening for their consideration to adopt the concept as contained in the report. He stated a copy of the report was being submitted to the Council for its review and con- sideration. Mayor Karlen suggested that statement scheduled to be made by Mr. Milton Miller at this time be deferred until the public in the evening on the proposed annexation of California hearing later Avenue No. 1. Adoption of Resolution No. 70-68 of the Council of the City of Bakersfield urging the California Highway Commission to budget funds for improvement of Route 166 (SR 57). A request had been received from Curtis Tunnell, Supervisor Fifth District, Santa Barbara County, to join their effort to obtain further improvement to the Cuyama Highway (Route #166) by adopting a resolution directed to the California Highway Commission asking Bakersfield, California, August 5, 1968 - Page 2 that such a continuing program be authorized. Upon a motion by Councilman Rees, Resolution No. 70-68 of the Council of the City of Bakersfield urging the Cali£o~nia Highway Commission to budget funds for improvement of Route 166 (SR 57) following vote: Ayes: Noes: Absent: was adopted by the Councilmen Heisey, Hosking, Rees, Vetter, Whittemore None Councilmen Rucker, Stiern A Communication was received from the California Water Service Company advising that an application has been filed with the California Public Utilities Commission for a rate increase of 3.50% to offset the increase in income taxes. After discussion, Councilman Rosking proposed that a resolution be drafted by the City Attorney opposing the application and filed with the Public Utilities Commission. All other members of the Council supported Councilman Hosking's proposal, and upon a motion by Councilman Rees, the City Attorney was instructed to prepare the resolution for consideration of the Council at the next regular meeting. Council Statements. Councilman Heisey stated that the Citizen's Refuse Study' Committee has completed its hearings and made its final recommenda- tions in the shape of two reports. The Council Con~ittee has not had the opportunity to evaluate either of these reports, possibly they will be able to reach some kind of compromise between the two by incorporating the best out of each report and come back with a recommendation to the Council. A great deal of time was spent by this Committee in studying this matter and Councilman Heisey moved that the Mayor write each member a letter of appreciation for the time and effort that was put in on this important study. Councilman Nosking asked for a suspension of the rules to change the agenda to hold the scheduled public hearings at this time, as there were a great many people present who are interested in these hearings. After some deliberation, it was decided to continue with the agenda as submitted, as the business was not controversial and should be completed in short order. Bakersfield, California, August 5, 1968 - Page 3 Mr. Howard Dallimore, General Manager of the Bakersfield City Employees Association, was given the opportunity to introduce a new member of his staff, Mr. Fred Ward, who will be representing the Association from time to time. Councilman Vetter asked Director of Public Works Jing for a report on the request he had made three weeks ago regarding a clean- up of the property on Snyder Lane after the removal of buildings by the State Division of Highways for the construction of a new freeway. Mr. ~Jing stated he had occasion to discuss this with the Division of Highways, that there will. be a representative from the State on the site this week, and he will go out and talk with him relative to clearing this area, as the State has a private contractor who follows up. and finishes this clean-up work. Councilman Vetter stated he would like to call for a meeting of the Cable TV Committee to consider a set of standards that have been put together by the Bakersfield Cable Company, the dealers and the local station representatives. He asked that this matter be placed on the agenda for the next meeting for consideration. Allowance of Claims. Upon a motion by Councilman Rees, Vouchers Nos. 151 to 377 inclusive, in amount of $170,981.93, as audited by the Finance Approval Committee, were allowed, and authorization was granted for payment of same. Action. on Bids. Upon a motion by Councilman Heisey, bid of Continental Service Company, (Agent for Bank of America) in amount of $13,5Q0..00 for the parking lot located at the north side of Monterey Street 200 feet west of King Street, and bid of Calvary Baptist Church in amount of $24,175.00 for the parking lot located at the northeast corner of Monterey Street and Kern Street, were accepted, and the Mayor was authorized to execute quitclaim deeds and the escrow instructions for each piece of property. The City Attorney was instructed to placed the deeds in escrow set up by the successful bidders. Bakersfield, California, August 5, 1968 - Page 4 Councilman Heisey commented that with the sale of these two lots there will be sufficient funds to retire the Off-Street Parking Bonds by December 31, 1968. He stated it is not necessary to take any action tonight on this but it is something which can be given Council consideration for future action. Upon a motion by Councilman Vetter, low bid of Specialized Spray Service for destroying and removing Weeds under Phase I of the 1968 Weed Abatement Program was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Adoption of Ordinance No. 1746 New Series of the Council of the City of Bakersfield amending and revising the Buildings and Construction Title of the Municipal Code of the City of Bakersfield. Upon a motion by Councilman Whittemore, Ordinance No. 1746 New Series of the City of Bakersfield amending and revising the Buildings and Construction Title of the Municipal Code of the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Reisey, Hosking, Rees, Vetter, Whittemore Noes: None Absent: Councilmen Rucker, Stiern Adoption of Ordinance No. 1747 New Series amending Section 17.36.020 of the Munici- pal Code of the City of Bakersfield to permit the drilling and operation of Oil and Gas Wells in "A" Zones. Upon a motion by Councilman Rees, Ordinance No. 1747 New Series amending Section 17.36.020 of the Municipal Code of the City of Bakersfield to permit the Drilling and Operation of Oil and Gas Wells in "A" Zones was adopted by the following vote: Ayes: Noes: Absent: Councilmen Heisey, Hosking, None Councilmen Rucker, Stiern Rees, Vetter, Whittemore Bakersfield, California, August 5, 1968 - Page 5 Adoption of Resolution No. 65-68 of the City Council of the City of Bakersfield, California, declaring its intentipn to establish a BuMiness Promotion District in that portion of Downtown Bakersfield bordered by 23rd Street on the north, Truxtun Avenue on the south, "F" Street on the west and "N" Street on the east, determining that additional tax shall be imposed upon those businesses in the Business Promotion District; determining the uses to which the additional revenue derived from the additional tax shall be put and fixing the time and place for hearing protests and objections to the formation of the District or the extent of taxes to be leyied to support said District, or both, and whether public convenience and necessity require the formation of such a District and giving Notice thereof. Upon a motion by Councilman Hosking, Resolution No. 65-68 of the City Council of the City of Bakersfield, California, declaring its intention to establish a Business Promotion District in that portion of Downtown Bakersfield bordered by 23rd Street on the north, Truxtun Avenue on the south, "F" Street on the west and "N" Street on the east, determining that additional tax shall be imposed upon those businesses in the Business Promotion District; determining the uses to which the additional revenue derived from the additional tax shall be put and fixing August 19th, 1968 in the Council Chambers of the City Hall as the time and place for hearing protests and objections to the formation of the District or the extent of taxes to be levied to support said District, or both, and whether public convenience and necessity require the formation of such a District and giving Notice thereof, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Vetter, Whittemore Noes: None Absent: Councilmen Rucker, Stiern Request from Kern High School District to annex Highland High School Site to the City of Bakersfield referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Heisey, request from Kern High School District to annex Highland High School site located in the northeast portion of the urban area to the City of Bakersfield, was referred to the Planning Commission for study and recommendation. 188 Bakersfield, California, August 5, 1968 - Page 6 Claim for personal injuries from Rose Parker and claim ~or damages from .Coy G. Fuller and Maye E. Fuller referred to the City Attorney. Upon a motion by Councilman Whittemore, claim for per- sonal injuries from Rose Parker and claim for damages from Coy G. Fuller and Maye E. Fuller were referred to the City Attorney. Request from the Union Oil Company of California to connect service station at the southwest corner of Bernard and Oswell Streets to existing sewer main parallel to Bernard Street referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Heisey, request from Union Oil Company of California to connect service station which is under construction at the southwest corner of Bernard and Oswell Streets to existing sewer main parallel to Bernard Street, was referred to the Planning Commission for study and recommendation. Approval of Joint Exercise of Powers Agreement with the County of Kern fer the construction of a chip seal coat on South Chester Avenue between the Southern Pacific Railroad and the south City limits. Upon a motion by Councilman Whirremote, Joint Exercise of Powers Agreement with the County of Kern for the construction of a chip seal coat on South Chester Avenue between the Southern Pacific Railroad and the south City limits was approved and the Mayor was authorized to execute the agreement. Approval of Plans and Specifications for the construction of a Sanitary Sewer to serve Pierce Annexation No. 1. Upon a motion by Councilman Hosking, plans and specifi- cations for the Construction of a Sanitary Sewer to serve Pierce Annexation No. i were approved and the Finance Director was authorized to advertise for bids for this project. Approval of Revised Freeway Agreement covering State Route 178 between "M" Street and the East City Limit of Bakersfield. Upon a motion by Councilman Heisey, Revised Freeway Agreement covering State Route 178 between "M" Street and the East City Limit of Bakersfield was approved, and the Mayor was authorized to execute same. Bakersfield, California, August 5, 1968 - Page 7 Approval of Plans and Specifications for the Construction of a Sanitary Sewer along Real Road and Akers Road between Elcia Drive and White Lane. Upon a motion by Councilman Rees, plans and specifications for the construction of a Sanitary Sewer along Real Road and Akers Road between Elcia Drive and White Lane were approved and the Finance Director was call vote: Ayes: Noes: Absent: Abstaining: authorized to advertise for bids, by the. following roll Councilmen Heisey, Hosking, Rees, Vetter None Councilmen Rucker, Stiern Councilman Whittemore Acceptance of Work and Notice of Com- pletion for the construction of Sani- tary Sewer in South "R" Street between the S. P. R. R. Tracks and White Lane. Upon a motion by Councilman Whittemore, the Work was accepted and the Mayor was authorized to execute the Notice of Completion for the construction of Sanitary Sewer in South "H" Street between the S. P. R. R. Tracks and White Lane. Approval of Plans and Specifications for construction of Automatic Irrigation Systems and Tree Planters in South "H" Street Median Islands from Ming Avenue to White Lane. Upon a motion by Councilman Whittemore, Plans and Speci- fications for construction of Automatic Irrigation Systems and Tree Planters in South "H" Street Median Islands from Ming Avenue to White Lane were approved and the Finance Director was authorized te advertise for bids for this project. Encroachment Permit granted E1 Cid Motor Hotel, 333 Union Avenue, for construction of seven foot chain- link fence. Upon a motion by Councilman Vetter, Encroachment Permit was granted E1 Cid Motor Hotel, 333 Union Avenue, to construct a seven foot chain-link fence along the north side of Third ~treet 190 Bakersfield, California, August 5, 1968 - Page 8 and four feet from the curb line, tions: 1. 2. subject to the following condi- Obtain permit from building department Construct standard sidewalk along Third Street 3. Place fence adjacent to the edge of sidewalk 4. Payment to the City of delinquent room tax (Condition recommended by the City Attorney) Acceptance of Work and Mayor authorized to execute Notice of Completion for contract for resurfacing Panorama Drive between Monte Vista Drive and Loma Linda Drive and between Haley Street and 600 feet west of Mt. Vernon Avenue. Upon a motion by Councilman Rees, the Work was accepted and the Mayor was authorized to execute Notice of Completion of the contract for resurfacing Panorama Drive between Monte Vista Drive and Loma Linda Drive and between Haley Street and 600 feet west of Mr. Vernon Avenue. Hearings. This was the time set for hearing before the Council of the City of Bakersfield of protests by persons owning real property within territory designated as "California Avenue No. 1", proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised and posted and no written protests have been received in the City Clerk's office. Mr. Milton Miller filed a letter with the Council requesting permission to speak on the sub- ject of this annexation. Mr. Miller assured the Council that he is not against the entire annexation, he is protesting only against the proposed commercial development of the 98 acres along the extension of California Avenue, as it is a threat to the attempt of the down- town merchants to redevelop and revitalize downtown Bakersfield. The area should be planned and developed for industry which is the only way to save the community. He criticized 'the City's lack of communication with the Redevelopment Agency regarding this annexation. He stated that the main thing to be done, and Bakersfield, California, August 5, 1968 - Page 9 he was hoping that Tenneco would do it even before the construction of the college, is to bring industry and manufacturing plants into the area. If this giant corporation would sell the land for the assessed valuation shown on the assessment rolls, there would be more industry in this area than the City could handle. He stated he is striking out against the monopolistic enterprise that is Tenneco which will destroy many of the free enterprises in downtown Bakersfield. Mayor Karlen read a communication from the Bakersfield Redevelopment Agency, signed by Wilbur Rickett, chairman, which met earlier in the day to hear a report from the committee of the Agency reviewing the annexation as it would concern the Agency's Redevelop- ment plans. At this continued meeting the Agency adopted a statement of position, portions of which are as follows: The downtown project that the Agency is now con- sidering is for a retail complex of the magnitude of a regional center. The effect of the annexation was therefore considered in relation to this type of redevelopment downtown. The facts show that the annexation does not change the potential use of the area as a retail outlet. The permitted use now exists in the unincorporated area and whether or not it is annexed does not change this use The Agency recognizes that this area is a competi- tor for the retailers that could come into the re- developed downtown area. However, the area is a competitor whether it is annexed or not. The con- cern of the Agency is for the redevelopment of downtown and not to be pro or con on the annexa- tion, unless the annexation creates a new situation that further complicates the downtown redevelopment The Agency is in sympathy with annexations for the City because it feels that annexations are vital to the growth and economy of the Bakersfield urban area. However, they are only in sympathy with it instead of recommending it, because they do not feel that they are the arm of the city government responsible for this recommendation, such as the City Planning Commission The Agency would like to take this opportunity to alert the Council that the Agency is planning the necessary steps to develop a retail complex of required size and the Council's consent and full support will be necessary if the downtown area is to remain the leading competitor for the next regional retail complex. 192 Bakersfield, California, August 5, 1968 - Page 10 Mayor Karlen reminded Mr. Miller that whether or not this area is annexed by the City, it can be developed in the County in the very same manner as planned, and the question be£ore the Council now is whether this area should be annexed to the City. It has been approved by the Local Agency Formation Commission, of which he is a member, it is a logical annexation to the City from the standpoint of being contiguous territory, and he knows of no one who has disagreed with that particular aspect of it. He knows that Mr. Miller's comments are directed towards the zoning after the annexation, yet, regardless of what the Council does, this can be accomplished without the territory being annexed by the City. Mr. Mel Jans, manager o£ Kern County Land Company's real estate operations, and manager of Stockdale Development Corporation, who had asked that this area be annexed, addressed the Council. He stated that he had no particular comments to make, they had worked with the City for several months to accom- plish this, and indicated that he was willing to answer any questions the Council wished to ask him. Mr. Chris Mattley, who works in the downtown business area, expressed opposition to the plan to zone another commercial shopping area, which in his opinion would jeopardize the downtown shopping area. Mr. Harry Rubin, who stated he has resided in Bakers- £ield almost fifty years, also protested the proposed commercial development and asked why everything had to go retail, and where was the money to come from to spend in retail stores if there were no jobs. He commented that if Tenneco was civic minded, this corporation would move enough industry into Bakers£ield to support the entire area. There being no further objections from those in attendance, Mayor Karlen closed the public hearing for Council discussion and deliberation. During discussion, all Councilmen agreed that regardless o£ whether this area is annexed to the City, this Bakersfield, California, August 5, 1968 - Page 11 '193 company can proceed with its plans unincorporated area, ness activity of the Resolution No. 66-68 and develop this property in the and that this annexation will add to the busi.- community. Upon a motion by 'Councilman Heisey, of the Council of the City of Bakersfield declaring that a majority protest has not been made to the annexation of territory designated as "California-Avenue No. 1" proposed to be annexed to the City of Bakersfield, was adopted by the following vote: Ayes: Noes: Absent: Councilmen Heisey, Hosking, Rees, Vetter, Whittemore None Councilmen Rucker, Stiern Upon a motion by Councilman Heisey, Ordinance No. 1748 New Series approving annexation of a parcel of uninhabited terri- tory to the City of Bakersfield, California, designated as "California Avenue No. l" and providing for the taxation of said territory to pay the bonded indebtedness of said City, was adopted by the following vote: Ayes: Noes: Absent: Councilmen Heisey, None Councilmen Rucker, Hosking, Rees, Vetter, Whittemore Stiern This was the time set for hearing before the Council of the City of Bakersfield to include within the Greater Bakersfield Separation of Grade District a portion of certain territory desig- nated .as "California Avenue No. 1", This hearing has been duly advertised and posted and no written protests have been received in the City Clerk's office. No objections being voiced by anyone in the audience, Mayor Karlen declared the public hearing closed for Council discussion. Upon a motion by Councilman Vetter, Resolution No. 67-68 annexing to the Greater Bakersfield Separation of Grade District that portion of certain territory designated as "California Avenue No. l" not already included within said District, was adopted by the following vote: Ayes: Noes: Absent: Councilmen Heisey, None Councilmen Rucker, Hosking, Rees, Vetter, Whittemore Stiern 194 Bakersfield, California, August 5, 1968 - Page 12 This was the time set for hearing before the Council on a request by Stockdale Development Corporation to Zone upon Annexa- tion to a C-2 (Commercial) or more restrictive, Zone; to an M-1 (Light Manufacturing) or more restrictive, Zone; to an R-3 (Limited Multiple Family Dwelling) or more restrictive, Zone; to a C-1 (Limited Commercial) or more restrictive, Zone; to an "A" (Agri- cultural) or more restrictive, Zone; and to an R-l-OH (Single Family Kkvelling - Church) or more restrictive, Zone; of those certain properties in the County of Kern, State of California, and being a portion of Sections 26, 34 and 35, Township 29 South, Range 27 East, and Section 3, Township 30 South, Range 27 East, M.D. B. M., known as California Avenue No. i Annexation. This hearing has been duly advertised and posted and no written pro- tests have been received in the City Clerk's office. At a public hearing held July 3, 1968, the Planning Commission considered the above mentioned zoning upon annexation and would recommend approval of subject zoning as outlined with "D" (Architectural Design) Overlay applied to the C-2 (Commercial) and the R-3 (Limited Multiple Family Dwelling) Zones in order to insure a compatible development with the adjacent single family dwelling zoning, as well as traffic safety. No protests or Objections being received, the Mayor closed the public hearing, and upon a motion by Councilman Whitte- more, Ordinance No. 1749 New Series amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield was adopted by the following ~vote: Ayes: Councilmen Heisey, Hosking, Rees, Vetter, Whittemore Noes: None Absent: Councilmen Rucker, Stiern Bakersfield, California, August 5, 1968 Page 13 L95 This was the time set for hearing before the Council on request by Otho C. Crouse to amend the zoning boundaries from an R-1 (Single Family Dwelling) Zone to an R-3-D (Limited Multiple Family Dwelling - Architectural Design) or more restrictive Zone, of that certain property in the City of Bakersfield located one block east of Mr. Vernon Avenue on Bernard Street. This hearing has been duly advertised and posted and no written protests have been received in the City Clerk's office. At a public hearing held July 3, 1968, the Planning Com- mission considered the above mentioned request and would recommend approval of subject zoning as outlined as it is not in basic conflict with the general arrangement of land uses as depicted on the Bakers- field Metropolitan Area General Plan. No protests or objections being received, the Mayor closed the public hearing for Council discussion. Upon a motion by Council- man Rees, Ordinance No. 1750 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 one block east of Mr. Vernon Avenue on Bernard Street, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Vetter, Whittemore Noes: None Absent: Councilmen Rucker, Stiern This was the time set.for hearing before the Council on Public Improvement District No. 827 for the construction of curbs, gutters, sidewalks, driveway approaches and alley returns, located within the SO. ½ of Block 198, Lots 12 through 32 of Block 200, So. ~ of Block 201, 229, 230, 231, 232, 233, 236 and the No. ½ of Block 237 in the vicinity of Beale Avenue and East California Avenue. This hearing has been duly advertised and posted. Notices have been sent to all property owners in the area, and one written protest was ] 9'6 Bakersfield, California, August 5, 1968 - Page 14 received in the City Clerk's office from Fred L. Bridge of 131 Baker Street. No one in the audience offering any objections, Mayor Karlen closed the public bearing for Council discussion. Upon a motion by Councilmen Hosking, Resolution No. 68-68 of the Council of the City of Bakersfield ordering the Work in Public Improvement District No. 827 and directing the City Clerk to post Notice Inviting Bids therefor, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Vetter, Whittemore Noes: None Absent: Councilmen Rucker, Stiern Upon a motion by Councilman Hosking, Resolution No. 69-68 of the Council of the City of Bakersfield ascertaining and deter- mining the prevailing rate of wages to be paid in the matter of "Public Improvement District No. 82?", in said City, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Vetter, Whittemore Noes: None Absent: Councilmen Rucker, Stiern This was the time set when any person owning real pro- perty within territory designated as Plaza No. 1, 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 published and notices were sent to each property owner who has filed his name and address and a general description of the land sufficient to identify it on the last equalized county assessment roll, with the City Clerk. Ap, proximately 750 written protests were filed with the City Clerk and one letter in favor of the annexation was received from Russell A. Paulson, 1412 Saxon Street. Mayor Karlen invited all persons who wished to express any objections to the proposed annexation to do so at this time. Bakersfield, California, August 5, 1968 Page 15 In reply to a question from Dr. Sam Schrieber, Councilman Hosking explained that to initiate the annexation, one-fourth of the qualified electors residing within the territory submitted a formal request in the form of a petition asking that the territory be annexed to the City. At the time set for hearing protests, the City Council shall not take further proceedings if protest is made by private owners of over one-half of the value of the territory proposed to be annexed. The value given such property for protest purposes shall be that shown on the last equalized assessment roll. Mr. Larry Newcomb appearing for the group circulating petitions opposing the annexation advised that he had filed over 700 petitions in opposition to the annexation with the City Clerk this afternoon. Both Mrs. John Degnin and Dr. Howard Grove voiced their opposition to the annexation. Mrs. Raymond Reischman stated that she lives in this area and that more than 1440 registered voters in the area signed the petition initiating the annexation, and she would say that more than half of the people present were in favor of the annexation. Mr. E. L. "Jack" Armstrong of 320 South Garnsey Avenue, stated he is in favor of the annexation, he hates to pay taxes, but would rather pay them locally than to the state or federal government. He believes that annexation will solve many of the City's problems mainly by bringing in more industry and more jobs. Mayor Karlen closed the public hearing at this time. Councilman Hosking moved to recess hearing for two weeks to permit the staff to tabulate the written protests and determine whether or not a majority protest has been made. Assistant City Attorney Ray Clayton stated that Mr. Bergen has been checking the written petitions which had been filed earlier with the City Clerk, and he would urge the Council :if it is reason-- able and logical to make the determination tonight that there were insufficient protests filed to terminate further proceedings, to do so this evening, so that the ten day period for filing supplemental[ Bakersfield,' California, August 5, 1968 -Page 16 protests could start immediately. · City Manager Bergen stated there were 3500 'individual parcels of property in the area, so that these petitions would only involve about 25% of the assessed valuation of the land. After Council discussion, Councilman Hosking stated that if the City Manager and City Clerk were satisfied that there has not been a majority protest, he would withdraw his previous motion, and moved to adopt a resolution finding that a majority protest had not been received for the purposes of this hearing, and that the hearing be recessed for two weeks to grant the re- quired ten days for filing supplemental protests. This motion carried by the following roll call vote: Ayes: Noes: Absent: Councilmen Beisey, Rosking, Rees, Vetter, Whittemore None Councilmen Rucker, Stiern Councilman Vetter asked Mr. Clayton to prepare a resume of the proceedings required for the annexation of territory to the City so that the Council and the public will be familiar with what is necessary to fulfill the obligations in an orderly fashion. Mayor Karlen announced tha~ City Manager Bergen had appQinted AsSistant Fire Chief Robert S. Paddock as the new Chief Engineer of the Fire Department to become effective immediately. Adjournment. There being no further business to come before this Council, upon a motion by Councilman Vetter, the meeting was MAYOR of the ' y ATTEST: CITY CLEI~K and Ex-Off~cio Clerk of the Council of the City of Bakersfield, California Bakersfield, California, August 19, 1968 1.99 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P. M. August 19, 1968. The meeting was called to order by Mayor Karlen followed by the Pledge of Allegiance and Invocation by the Reverend Roy E. Harvey of Kern Union Church. The City Clerk called the roll as follows: Present: Mayor Karlen. Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Absent: Councilman Hosking Minutes of the regular meeting of August 5, 1968 were approved as presented. Correspondence. Pursuant to an urgent request from Senator Walter W. Stiern, upon a motion by Councilman Stiern, the Mayor was authorized to communicate with Governor Ronald Reagan on behalf of himself and the City Council, urging him to sign Assembly Bill 561, authorized by Assemblyman Kent H. Stacey and co-authored by Senator Walter W. Stiern, which would make Red Rock Canyon area a State Park. A communication from Reverend Daniel J. McDowell, pastor of the Pleasant View Missionary Baptist Church, requesting the installation of a four-way stop sign and crosswalks at DeWolf and So. Haley Streets was read, and upon a motion by Councilman Rucker, the request was referred to the Traffic Authority for study and recommendation back to the Council. Mayor Karlen announced to those people who were present for the continued hearing on Plaza No. 1 annexation, that approxi- mately 865 supplemental petitions had been filed and it would be necessary to complete the tabulation of these petitions before it could be determined whether or not Upon a motion by Councilman Heisey, the Council meeting of September 3, a majority protest had been made. this hearing was continued untll 1965. City Attorney Hoagland called attention to the fact that insofar as presenting any further protests, public participation in this question is now closed. 2OO Bakersfield, California, August 19, 1968 - Page 2 Mayor Karlen informed those people present for the pur- pose of participating in the public hearing set for this evening on an appeal by the Neighborhood Protest Committee 'to the decision of the Board of Zoning Adjustment granting the application of the Reverend Ralph J. Belluomini for a Conditional Use Permit for the operation and maintenance of a home for approximately 20 non- delinquent boys in an R-3 (Limited Multiple Family Dwelling) Zone on that certain property commonly known as 1924 "B" Street, that a request had been made by this Committee to postpone the hearing for 30 days. The Mayor stated that since that area was not present at the meeting, to defer the hearing for his comments. the Councilman from it might be appropriate Reverend Belluomini, who was present in the audience, stated that the escrow on the property would expire before 30 days, and after discussion, upon a motion by Councilman Stiern, the hearing was continued until Tuesday, September 3, 1968. Council- man Vetter then made a motion that a postcard be sent to all those persons previously notified, that the hearing had been continued for two weeks. Mayor Karlen read a communication from C. C. Carpenter, Superintendent of Schools, requesting the City Council to submit certain changes in the City Charter to a vote of the people at the general election to be held in November, 1968. These amendments would allow for election and appointment of the members of the Bakersfield City School District in the manner used by other school districts in Kern County. City Manager Bergen stated that he and the City Attorney had looked over the recommendations contained in this communication and they do not feel there is any problem as far as the City is concerned. As it is necessary to act on this mattel. at the September 3, 1968 meeting, the City Attorney advised that he would have the proper resolutions prepared for the consideration of the Council. Upon a motion by Councilman Stiern, the communi- cation was received and ordered placed on file, for Council study before the next meeting. Bakersfield, California, August 19, 1968- Page 3 Mayor Karlen read a telegram from Jack D. Collier asking if it is legal to race from Truxtun Avenue to Brundage Lane on Chester Avenue every Friday, Saturday and Sunday and requesting the Council and Mayor to check it for themselves. Upon a motion by Councilman Heisey, the matter was referred to Chief of Police Towle for study and recommendation. City Manager Bergen called the attention of the Council to 127 postcards addressed to the City Council supporting the Sani- tation Workers in their request for pay increases and better fringe benefits and read a number of them to the Council. These cards were then filed with the City Clerk. Mayor Karlen announced that a public hearing would be held by the Kern County Water Agency on Thursday, August 29, 1968, on proposed zones-of-benefit in the San Joaquin Valley portion of Kern County. Council Statements. Councilman Stiern stated he wished to comment on annexa- tion election information being circulated in a handbill by opponents to the Plaza No. 1 annexation, which in his opinion is a very vivid distortion of the truth. In an election such as this there are probably three groups of people involved, those who are very much against the annexation, those who are very much for the annexation, and a middle group who are probably looking at the facts, considering their own circumstances and trying to make up their minds as to whether or not the annexation would be good for them. There are individuals in the Plaza No. 1 area with sewer and septic tank problems who are very seriously thinking about whether annexation to the City would be a solution of their problems. They are being given all kinds of inaccurate information, information which purports to quote the Stanford Research Institute Report and which has been used to make a biased point. He urged that the information put out by both opponents and proponents be as actual and factual as possible, and if they are going to quote from the Stanford Research Institute Report, that it be a direct quote from the document, and in fact, give the page and line, which is the only fair way to approach it. Bakersfield, California, August 19, 1968 - Page 4 Mayor Karlen stated that he had appeared before various groups speaking on annexation to the City, and he had found state- ments being made that were, in fact, distortions of the truth, which makes it very difficult for those people in public office who must stand by what they say, to argue with those who distort the truth. He had felt for some time, that anyone who is going to speak on a subject and quotes statistics and facts, should have a basis for what he says, but he doesn't know how you can legally enforce such things. Councilman Stiern commented that these people were being told that if they annex to the City, they will be charged for street lights, they will be charged for curbs and gutters, immedi- atley upon annexation, and that they can't afford this type of improvement. This is not true, if this work is done, it will require a public improvement district which must be first approved by the property owner. Councilman Heisey stated he thinks these points are well taken, however, it has been his experience that people who put out information which is untrue are eventually caught up in it, and he is sure that if an election is held, the truth will become clear to the people in that area. Councilman Heisey commended Brigadier Herbet Sainsbury of the Salvation Army, who is leaving Bakersfield and who has made a real contribution to the community during the time he has served here. He publicly expressed his appreciation to Brigadier Sains- bury and wished him every success in his transfer to Portland, Oregon. Councilman Heisey stated that he had received a letter from Captain J. Edward Snyder, Jr., the commanding officer of the USS New Jersey, which is the only commissioned battleship in the world presently operating. In his letter, Captain Snyder expressed his thanks on behalf of his officers to Councilman Heisey and the other members of the Bakersfield Navy League Council for the luncheon and fellowship enjoyed on August 7th when they visited the battleship. He also wanted to thank Mayor Karlen and the people of Bakersfield for the key to the City and the City plaque presented to him. Bakersfield, California, August 19, 1968 - Page 5 ~03 Councilman Rucker asked Director of Public Works Jing to check up on a complaint from one of his constituents regarding heavy weed growth near his residence on a Southern Pacific spur track. Mr. Jing stated they would contact the railroad company regarding this. Mayor Karlen announced that he had received Mr. John Brock's resignation as a member of the Bakersfield Redevelopment Agency and it is now necessary for another appointment to be made from the Mayor's office. He urged the Council to submit names to him for consideration. City Manager Bergen commented that a request had been received from a businessman to remove his name from the petition protesting against the proposed annexation of Plaza No. 1 area, and that he is preparing a list of the names of all persons signing these petitions for each member of the Council. Councilman Vetter stated that it was very apparent that most of the opposition to the Plaza No. 1 annexation was coming from County firemen and asked if anyone from the staff had sat down with these people to find out what their principal reason is for opposing the annexation. Mr. Bergen stated he really doesn't think there is an answer to this. Reading between the lines, there seems to be the fear that if the City boundaries expand, fewer County firemen will be employed or transferred to another fire station. Councilman Whittemore stated there is a term which is used in connection with the police and fire departments in some cities which is "functional consolidation" and some members of the Kern County Firefighters would like to see functional consolidation within the eleven incorporated cities of the County of Kern, of all fire departments into one County Fire Department, which in turn would contract with all the cities for fire fighting services. This is why many of the County Fire Department employees are opposing any proposed annexations to the City. Bakersfield, California, August 19, 1968 - Page 6 Councilman Stiern stated he understood it was a state- wide policy for County Fire Departments to oppose annexations to the cities. As he commented earlier, the people who are making up, their minds whether annexation is good for them, whether they need. city facilities, are entitled to other information than the fact that the nice fellow next door to them is going to be inconvenienced because he is going to have to drive a little further to work. City Manager Bergen stated he thinks the best thing the city can do is to operate as it has in the public will begin to see this, because the the duplication of services. 595, past and hope that the public is paying for Allowance of Claims. Upon a motion by Councilman Rees, Vouchers Nos. 378 to inclusive, in amount of $92,371.93, as audited by the Finance Approval Committee were allowed, and authorization was granted for payment of same. Hearings. Mayor Karlen announced that the order of the agenda would be changed and public hearing would be held at this time for pro- tests and objections to the intention of the City Council to establish a Business Promotion District in that portion of Down- town Bakersfield bordered by 23rd Street on the north, Truxtun Avenue on the south, "F" Street on the west and "N" Street on the east; to the extent of taxes to be levied to support said District and whether public convenience and necessity require the formation of such a district. Notice of this hearing was duly published, copies of Resolution No. 65-68 and Ordinance No. 1741 New Series were sent to 593 property owners as shown upon the last equalized assessment roll of Kern County and to the businesses which conduct activites within any proposed or established Business Promotion District as shown upon the active business licenses on file with the Auditor-Controller. Written protests were received from the following: Ed Fant Buick 24th at "M" Street Gene Winer Cadillac 2301 "H" Street Hawk Oldsmobile Co. 2300 "H" Street John Philip Bentley 2031 "B" Street ')05 Bakers£ield, California, August 19, 1968 - Page 7 ~ W.G. Willoughby & Son Arthur D. Fenderson, D.D.S. F.W. Woolworth Co. Seaboard Management Company gizzard, Baker, Sullivan & McFarland Bonnie R. Welch Manuel J. Carnakis, dba Acme Loan & Jewelry (To this letter was attached a petition containing 22 signatures of owners of businesses in 1100 and 1200 Block on 19th Street) Melvin Walter Magnus representing Acme Loan & Jewelry Alan's Kern Jewelry & Loan Dawil Tools & Loans Globe Loan & Jewelry Co. Rubin Bros. Jewelry & Loans Mr. Roland Woodruff, attorney, 2216-18 Eye Street 1919 "G" Street 1400 19th Street 2300 Chester Avenue 1801Truxtun Avenue 1206 - 18th Street 1218 - 19th Street 1218 - 19th Street 1223 - 19th Street 1217 - 19th Street 1124 - 19th Street 1129 - 19th Street stated he was present to-. night representing the Downtown Business Association, the proponents of the proposed resolution to form the Business Promotion District. This is not a new concept, it has been brought before the Council and discussed for many years. However, tonight there is a positive and definite ordinance. The reason for establishing this promotion district is an attempt to stimulate downtown business. Practically everyone in the community is aware and concerned about what is happening in the downtown business area for the past few years, in. its very apparent deterioration, loss of business, loss of taxes and assessment values. The downtown merchants have attempted to solve this matter for themselves they haven't called on any members of the City to help them supply the answer to this problem, they recog- nize that it has probably been caused by many different things, the most apparent being the rise o£ shopping centers in the outside areas, but also the lack of business promotion among themselves. There is really no great argument on whether or not this district is necessary in the downtown area. Probably the opponents have their own interests to present and perhaps they are very valid in this feeling, but the basic concept is fundamental, it is urgently needed and will serve a purpose which will be acceptable to all. As an attorney it is difficult to say that he will welcome having his business tax doubled or trebled~ and that he can see any Bakersfield, California, August 19, 1968 - Page 8 immediate benefit from it. It is definitely a benefit having his office in the central section, and he can realistically say that the success and economic benefit or enhancement of the downtown area has helped him. Every professional man's business will be increased by more people coming into the area. The people in the downtown area themselves have asked for and sought this very necessary district, and whether the boundaries are changed one way or another to make a more equitable situation, whether or not the business licenses in some specific instances should be in- creased or decreased to be more equitable, the basic concept is what these people feel is essential. Mr. Woodruff went on to explain that a committee was active in the downtown business association who did review the boundaries and tried in their own opinion to determine an area which would be the most equitable and did prepare a schedule of rates which they felt would be more equitable. However, they didn't have an opportunity to hold a hearing like is being held tonight to hear the opinion of each individual. No other proponents wishing to speak at this time, Mr. Gene Winer of Gene Winer Cadillac, expressed appreciation for the changing of the agenda so that this matter could be heard at this time, and stated that he was talking for himself, Ed Fant Buick and Bill Hawk Oldsmobile. They are not opposed to the formation of the Business Promotion District merely requesting exclusion from the District. The position of these three businessmen is stated very clearly in the letters which were previously filed with the City Clerk. Mayor Karlen read all three letters in which it was stated that exclusion is requested because it is entirely possible that the development of State 178 Freeway may begin within the next new years, and it will be necessary to relocate these three automobile agencies somewhere else, thus depriving them of any benefits in the business promotion plan. Inasmuch as these businesses are located on the outer fringe of this district, they do not feel that any benefits will be derived with the addi- tional taxes which will be imposed. They therefore feel that inclusion in the Business Promotion District is detrimental to their best interests, and the tax involved would be discriminatory, arbritary and inequitable, as they are being asked to help finance a project which would benefit them very little, if any. '>07 Bakersfield, California, August 19, 1968 - Page 9 ~ Mr. Manuel J. Carnakis, owner of the Acme Jewelry and Loan Company, had also filed a letter of protest with the City Clerk to which was attached a petition signed by all the owners of businesses within the l100 and 1200 Block on 19th Street that are situated within the boundaries of this proposed district, with the exception of the Toy Circus which is moving out of the area. Mr. Carnakis addressed the Council stating that if he is included in the proposed district, his license tax will escalate up to over one thousand dollars. is too high in its present form, more money to do business in the He believes that the license tax however, he knows that it costs City of Bakersfield and is happy to pay more. year, at the to operate to operate license at Operating a pawnshop in the County costs $60.00 per present time pawnbrokers are paying $26.00 a month in the City. They are required to have three licenses a pawnshop within the City of Bakersfield, a pawnbroker's $200.00, a second hand dealer's license at $100.00, and a regular retail business license. They don't mind paying a little more, but they don't want to be run out of business. Me stated he cannot continue in business with a license tax of over one thousand dollars a year. The businesses in that area were given to understand that the boundary of the district was going to be cut off at "L" Street. Therefore, the Council can do one of two things, they can exclude these businesses, or they can eliminate at least the two high priced licenses. If they double or triple just the retail license, the businessmen in this area will not have too great an objection, but they do object to paying over a thousand dollars a year to do business in the City of Bakersfield. Bennett Siemon, an attorney practicing law in the Haber- felde Building, addressed the Council, stating that the purpose of this district is to stimulate downtown business. In his opinion this relates to commercial business, not professional business. ordinance as proposed would triple the present license tax that attorneys pay. Inasmuch as the amount of business in the downtown area does not affect his business in any manner whatsoever, he does not feel that the lawyers should be required to pay for the promotion Bakersfield, California, August 19, 1968 Page 10 of business for the merchants. Mr. James Vizzard addressed the Council stating that he is an attorney and represents his partners, and they too, under- stood that the boundaries were to be cut off at "G" Street, but he discovered they are in the extra half block of the proposed district. This particular move is not of any assistance, business~- wise to attorneys, and he agrees with Mr. Siemon that lawyers should not be required to pay for the promotion of business for the merchants. He stated he is extremely cynical about the pur- pose of creating a slush fund to be used for general business promotion, to ~et a band, have a parade and do some advertising. It will not help the general businessman, much less an attorney or a doctor. Mr. John Bentley spoke in protest to the proposed Dis- trict, stating that there are a number of inequities, he is forced to pay thousands of dollars to the City and County in inventory taxes, and he would suggest that if they intend forming this District, every businessman in the City of Bakersfield should participate. Bonnie R. Welch, proprietor of the store known as "The Book Exchange" located at 1206-18th Street, stated that she is not in favor of the proposed business promotion district, and the increased taxing of small businesses such as her store would pro- bably mean the closing of her business. Mr. Gene Willoughby stated he has had his automotive machine shop at 2216 Eye Street for fifteen years and is opposed to the business promotion district. Mr. Steve Magnus stated he thought it would be a good idea to leave the parking meters in the downtown area and use that money for improvements in the downtown area. Mr. George Xezonatos, owner of Vest Drug Store, stated that the great source of tax income is derived from the business promotion district and they are trying to revitalize the.downtown district. They are talking about millions of dollars and it is going to take a lot of encouragement to move in and get this Bakersfield, eal±fornia, August 19, 1968 - Page 11 209 district started. The promotional district is a very small part of their plans for this area. The fact remains that the economy of downtown is vitally dependent on a source of revenue by which they can promote downtown. Petitions have been signed representing the assessed valuation and representing the people within this area, asking to be taxed in order to have a budget to promote downtown as it should be promoted, and he believes all the secondary problems can be resolved. Mr. John Brock stated he really hasn't heard much in the way of arguments against the promotion district, he is for it. It is going to cost him more money, but it will be well spent. He understands the problem of the gentlemen who will eventually have the freeway force them into another location, but in the meantime they should pay their share and get on with promoting downtown. He stated that professional men would not have located in the downtown area unless it was important to them. This program is essential for the future of downtown and will also benefit tile people in the residential area. Mr. George Day stated he is a promoter and has lived in Bakersfield about 25 years. He is supporting this promotion district, although there are probably some inequities~ but the downtown busi- ness area has had to fight very hard to keep business there. They' need assistance to bring in more business and keep the business they have. Mr. Lloyd Plank stated he was in business in the downtow~n area, and reminded the Council that a couple of years ago petitions were signed by 95% of the people in that area who asked to be taxed to raise money to promote business in the downtown area~ to have a central core of Bakersfield. If they don't have a core, they don't have a city. Mr. Richard Newman stated he had just recently acquired a business in downtown Bakersfield and he has no objections to being taxed for the funds to promote Bakersfield. 210: Bakersfield, California, August 19, 1968 - Page 12 Rebuttal was permitted by opponents and after some further discussion, Mayor Karlen declared the public hearing closed for Council discussion. Councilman Rees stated that they know there will be inequities, there can't help but be, but they don't want gross inequities and he hopes that the necessary revisions can be made to eliminate the gross inequities where they may fall, and further than that, he hopes that the whole licensing structure of the City of Bakersfield will be brought under study in terms of inequities in fairness to everybody concerned. ~t has been suggested by the staff that such a study is timely. Councilman Heisey concurred with Councilman Rees, stating that the downtown business association has worked a long time for this and while they are not unanimous, a vast majority of the people in the business district do want this promotion district and it is certainly a step in the right direction. He stated he is in favor of seeing it started and the business area should be commended for wanting to have their own district and not asking the other city areas to support the program with tax money, they deserve a pat on the back and all the encouragement the Council can give them. He feesl that there are inequities in the bound- aries, he cannot see the logic in expanding beyond the streets where they were the first time it was presented, he thinks this will eliminate 90% of the objections. Councilman Vetter stated that the people who are in favor of the district are the ones who will benefit the most. He asked why the business promotion district could not be handled by the Downtown Business Association now, instead of forming a dis- trict, why not form an assessment type of program for the people downtown who really want this type of promotion. Mr. Plank has indicated that 95% of the people in this area were in favor of increased taxation and he cannot see why it couldn't be put on a voluntary basis. Mr. Plank also stated that it is the only way he knows to assure all properties within the area will share the cost of the program. He agrees that the area needs to be promoted but he is not sure that the person who doesn't want it should be forced to pay for it. Ol 1 Bakersfield, 0alifornia, August 19, 1968 -Page 13 Ia Councilman Vetter thinks the Downtown Business Association has the vehicle to do it, if it is properly sold. It will take the cooperation of the entire business community supporting the down- town businessmen to promote the district on their own. Councilman Stiern stated he thinks the discussion tonight points up the necessity for the constant revision of the license tax. The Council is trying to revise the license ordinance to make it equitable for everyone, the Committee has accomplished about half of the work and has reviewed half of the business licenses, and he thinks the other half is overdue, this discussion tonight points up the necessity of finishing the work on it. He doesn't like the business license tax and thinks it is incumbent on the Council to be as fair as possible to everybody concerned, he doesn't like the inequities that exist between the businessman in the City and the businessman in the County. Councilman Stiern asked why the scope and boundaries of the business promotion assessment area have been enlarged to cover half a block around the borders of the proposed Downtown Redevelop- ment Agency, he thinks it would be sensible if they were coterminous with the same borders. Probably half of the protestants here to- night fall within the area of the enlargement of the original concept. City Attorney Hoagland stated he thinks it is incumbent on him to answer Councilman Stiern. No one is as conversant with this particular problem as he is, and while he was on vacation, his assistant was told that these were the desirable boundaries for the establishment of this business promotion district, and they were drawn accordingly. If he had been in his office, he would have argued against the inclusion of new boundaries because it has always been his understanding that they would be coterminous with the survey area. There is a resolution to follow if the district is created. If there's a change in the proposed boundaries or a change in the tax rates, it won't delay the resolution, but notices will have to be sent out that changes are being considered, and a public Bakersfield, California, August 19, 1968 - Page 14 hearing must be held, and at that time, if it is the desire of the Council, the necessary resolution can be adopted. After some further discussion, Councilman Heisey moved that a continued hearing be held on September 3, 1968, on the establishment of a Business Promotion District with a modification of boundaries to be coterminous with the original survey area. This motion carried unanimously. Councilman Vetter voted in the negative on this motion. City Manager Bergen pointed out that the estimated revenue for the business license tax for the present boundaries of the proposed promotion district would involve about $29,000 in fees. If there is a uniform change in the business license, it would be very simple to make a uniform change in the fees that have been set up for the promotion district. He wanted to emphasize that the business license was reduced 50% in the retail category and there probably wouldn't be any change in that category. The Council again engaged in discussion regarding an equitable application of the business license fees. Councilman Stiern made a motion that the purposes of taxation be limited to the retail business license fee, or in the case of a business that has more than one fee, it be restricted to the retail business fee, subject to updating of the business license ordinance. After discussion of Councilman Stiern's motion, Councilman Heisey seconded it, and the City Attorney was instructed to prepare wording so that individual businesses within the Business Promotion District who pay a business license under Class I Business in Ordinance 1741 New Series and who are required'to pay a business license under other classifications relating to the same business, shall pay an additional license tax only on the Class I Business License. This motion carried unanimously. Upon a motion by Councilman Vetter, the hearing was continued until Tuesday, September 3, 1968. Action on Bids. Upon a motion by Councilman Whittemore, low bid of Kern Sprinkler Company for the construction of Automatic: Irrigation Systems and Tree Planters in South "H" Median Islands from Ming Avenue to White Lane was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Heisey, low bid of Dicco, Inc. for paving and improving Ming Avenue between Real Road and U.S. 99 Freeway, was accepted, all other bids were rejected, and the Mayor. was authorized to execute the contract. Adoption of Resolution No. 71-68 of the Council of the City of Bakers- field opposing the application of the California Water Service Company for a rate increase of 3.5% to offset an increase in income taxes. Upon a motion by Councilman Stiern, seconded by Council- man Rucker, Resolution No. 71-68 of the Council of the City of Bakersfield opposing the application of the California Water Service Company for a rate increase of 3.5% to offset an increase in income taxes, was adopted by the following vote: Ayes: Councilmen Beisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Hosking Adoption of Ordinance No. 1751 New Series levying upon the assessed valuation of the taxable property in the City of Bakersfield a rate of taxation upon each one hundred dollars of valuation for the fiscal year beginning July 1, 1968 and ending June 30, 1969. Upon a motion by Councilman Rucker, seconded by Council- man Vetter, Ordinance No. 1751 New Series levying upon the assessed valuation of the taxable property in the City of Bakersfield a rate of taxation upon each one hundred dollars of valuation for the fiscal year beginning July 1, 1968 and ending June 30, 1969, was adopted by the following vote: Ayes: Noes: Absent: Councilmen Heisey, None Councilman Hosking Rees, Rucker, Stiern, V'etter~ Whirremote 1 4 Bakersfield, California, August 19, 1965 - Page 16 City Manager Bergen stated that cord to show that deferral, he would like the re- of the $182,800.00 that had been considered for they are recommending deletion of the following: Item #24 $55,000 Item # 7 $25,000 Item # 6 $13,500 Item #11 $19,000 Sanitary Sewer along Mt. Vernon Decrease from $62,000 to $7,000 Box Culvert at 30th Street Wayside Park - Lighted Tennis Courts Stine Park, portion of develop- ment deferred It was recommended that an additional $17,000 be added for the City's share of park with drainage sump improvements. This will result in deletion of $95,500 to balance budget and maintain the same tax rate as last year. The only other change is to provide an additional $100,000 in the Council's Contingency Fund in anticipation of the Plaza and Union annexations. This will provide a $350,000 Con- tingency Fund for the City Council. The tax rate will be $2.8721. Approval of Contract with Eugene Jacobs, Attorney, for legal services on behalf of the Bakersfield Community Redevelop- ment Agency. Upon a motion by Councilman Vetter, Contract with Eugene Jacobs, Attorney, for legal service on behalf of the Bakersfield Community Redevelopment Agency was approved, and the Mayor was authorized to execute the contract. First reading of an Ordinance altering the boundaries of the Fifth Ward of the City of Bakersfield, California. First reading was given an Ordinance altering the boundaries of the Fifth Ward of the City of Bakersfield, Califor- nia, to include California Avenue No. I which was recently annexed to the City of Bakersfield. First reading of an Ordinance of the City of Bakersfield, California pro- viding for the issuance of General Obligation Bonds of said City in the amount of $2,525,000. First reading was given an Ordinance of the City of Bakersfield, California, providing for the issuance of General Obligation Bonds of said City in the amount of $2,525,000. 5 Bakersfield, ~alifornia, August 19, 1968 -Page 17 '~ Adoption of Resolution No. 72-68 of the City Council of the City of Bakers£ield providing for the sale of General Obli- gation Bonds of said City in the amount of $2,525,000. Upon a motion by Councilman Stiern, Resolution No. 72-68 of the City Council of the City of Bakersfield providing for the sale of General Obligation Bonds of said City in the amount of $2,525,000 was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, V'etter, Whittemore Noes: None Absent: Councilman Hosking Adoption of Resolution No. 73-68 of the City Council of the City of Bakersfield, California, approving Official Statement. Upon a motion by Councilman Whittemore, Resolution No. 73-68 of the City Council of the City of Bakersfield, California, approving Official Statement was adopted by the following vote: Ayes: Councilmen Heisey~ Rees~ Rucker~ Stiern, Vetter~ Whittemore Noes: None Absent: Councilman Hosking First reading of an Ordinance amending Section 17.23.040 (Front Yard) and Section 17.23.050 (Side Yard) of the C-O (Professional Office) Zone. First reading was given an Ordinance amending Section 17.23.040 (Front Yard) and Section 17.23.050 (Side Yard) of the C-O (Professional Office) Zone. Approval of request from the Union Oil Company of California to connect service station at the southwest corner of Ber- nard and Oswell Streets to existing sewer main parallel to Bernard Street. The Planning Commission considered a request from the Union Oil Company of California to connect service station at the southwest corner of Bernard and Oswell Streets to existing sewer main parallel to Bernard Street and recommended that the Council enter into a Sewer Rental Agreement with this company. Upon a motion by Councilman Stiern, the recommendation was approved, subject to certain conditions as outlined by the Director of Public Works. Bakersfield, California, August 19, 1968 - Page 18 Approval of request from Stockdale Development Corporation for annexa- tion of certain properties west of the California Avenue #l Annexation. Upon a motion by Councilman Heisey, request from Stock- dale Development Corporation for annexation of certain properties west of the proposed California Avenue #1Annexatien was approved and referred to the City Engineer and City Attorney for referral to LAFC. Approval of request from Giumarra Bros. Fruit Company for annexation of certain properties west of the City Landfill. Upon a motion by Councilman Stiern, request from Giumarra Bros. Fruit Company for annexation of certain properties west of the City Landfill was approved and referred to the City Engineer and City Attorney for referral to LAFC. Approval of Plans and Specifications for the installation of a Trunk Sewer Line in Montclair Drive, north from Stockdale Highway. Upon a motion by Councilman Stiern, plans and specifica- tions for the installation of a Trunk Sewer Line in Montclair Drive, north from Stockdale Highway were approved, and the Finance Director was authorized to advertise for bids. Engineering Report for Public Improve- ment District No. 801 referred back to the City Engineer. Upon a motion by Councilman Whittemore, Engineering Report for Public Improvement District No. 801 was referred back to the City Engineer. Acceptance of Street Right of Way Deed from the Bakersfield City School Dis- trict for property required for a cul- de-sac on 2rid Street between "A" Street and Holtby Road. Upon a motion by Councilman Vetter, Street Right of Way Deed from the Bakersfield City School District for property re- quired for a cul-de-sac on 2nd Street between "A" Street and Holtby Road was accepted. Bakersfield, California, August 19, 1968 Page 19 ~17 Upon from Marion C. Acceptance of Street Right from Marion C. and Cleo P. Cleo Court. of Way Deed Barnard for a motion by Councilman Rees, Street Right of Way Deed and Cleo P. Barnard for Cleo Court was accepted. Acceptance of Work and Mayor authorized to execute the Notice of Completion of Contract for Construction of Sanitary Sewer in Oakbank Road. Upon a motion by Councilman Vetter, the Work was accepted, and the Mayor was authorized to execute the Notice of Completion of the Contract for the Construction of Sanitary Sewer in Oakbank Road. Approval of Agreement between the City of Bakersfield and the Southern Pacific Company for installation of a traffic signal interconnect conduit across rail- road right of way as part of the South "H" Street project between Ming Avenue and White Lane. Upon a motion by Councilman Whittemore, agreement between the City of Bakersfield and the Southern Pacific Company for installa- tion of a traffic signal interconnect conduit across railroad right of way as part of the South "H" Street project between Ming Avenue and White Lane was approved and the Mayor was authorized to execut,~ same. Approval of Street Lighting Plan for Tract No. 3136. Upon a motion by Councilman Heisey, Street Lighting Plan for Tract No. 3136 was approved. Approval of Plans and Specifications for Storm Drain in Chico Street and East California Avenue between Lake- view Avenue. Upon a motion by Councilman Rucker, seconded by Councilman Heisey, plans and specifications for storm drain in Chico Street and East California Avenue between Lakeview Avenue were approved and the Finance Director was authorized to advertise for bids. Bakersfield, California, August 19, 1968 Page 20 Approval of Plans and Specifications for Storm Water Pump and Force Main near the intersection of Golden State Avenue and "F" Street. Upon a motion by Councilman Rees~ Plans and Specifica- tions for a Storm Water Pump and Force Main near the intersection of Golden State Avenue and "F" Street were approved, and the Finance Director was authorized to advertise for bids. Hearings. This was the time set for hearing before the Council on Resolution of Intention No. 832 of the Council of the City of Bakersfield declaring its intention to order the vacation of a Public Utilities Easement in Tract 3101, City of Bakersfield. The request for this vacation was made by Elmer F. Karpe, Inc. and has been approved by the Planning Commission. This hearing has been duly published and posted and no written protests have been received in the City Clerk's office. No one o£fering any protests or objections, the Mayor closed the public hearing, and upon a motion by Councilman Rees, Resolution No. 74-68 ordering the vacation was adopted by the following vote: Ayes: Councilmen Heisey~ Rees~ Rucker, Stiern~ Vetter, Whittemore Noes: None Absent: Councilman Hosking This was the time set for hearing before the Council on Resolution of Intention No. 833 of the Council of the City of Bakersfield, California~ declaring its intention to order the vacation of a portion of Sonora Street north of Sumner Street in the City of Bakersfield, California. Request for this vacation was made by the Kern County Land Company and has been approved by the Planning Commission. This hearing has been duly posted and no written pro- tests have been received in the City Clerk's office. No one in Bakersfield, California, the audience offering any protests August 19, 1968 - Page 21 or objections, the Mayor de- clared the public hearing closed for Council discussion. Council- man Whirremote made a motion that the Resolution ordering the vacation be granted. Councilman Heisey stated that he can't see what the City has to gain by giving this portion of Sonora Street to the Kern County Land Company when there is the potential that in the future the City may want it. After discussion, Director of Public Works Jing was instructed to ask the Kern County Land Company why they requested this vacation. ~ Councilman Vetter offered a substitute motion that the hearing be continued for two weeks for further review by the Council, which carried unanimously. Adjournment. There being no further business to come before the Council, the meeting was adjourned at upon a motion by Councilman Stiern, 11~:55 P.M. MAYOR of the City of Bake rs f i~11d~ d ,~, ai if. ')19 ATTEST: ' ClT~Y ~RK a~nd 1 of the Council of the City of Bakersfield, California Bakersfield, California, September 3, 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. September 3, 1968. The meeting was called to order by Mayor Karlen, followed by the Pledge of Allegiance and Invocation by the Reverend Paul Mangum of the First Nazarene Church. The City Clerk called the roll as follows:: Present: Mayor Karlen. Councilmen Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Absent: Councilman Heisey Minutes of the regular meeting of August 19, 1968 were approved as corrected. Service Award Presentation. At this time, Mayor Karlen presented a 30 year service award pin to Walter W. Smith, who entered the service of the City on August 24, 1938, succeeding his father H. H. Smith as City Treasurer, Tax and License Collector. Scheduled Public Statements. Mr. James Burke, president of the Greater Bakersfield Chamber of Commerce, addressed the Council at this time, congratu- lating them on keeping the tax rate at its present level. He stated that those who are involved in selling Bakersfield to investors coming to the community really appreciated this boost and they are very proud of the Council for demonstrating such fiscal responsibility. He also complimented the City Manager and his staff for doing a very fine job. Mr. Eddie Hare, representing the Youth Council of the NAACP, stated that the Youth Chapter is proud to have started its SWOP (Special Work Opportunity Program) with its major goal being to provide gainful employment for youth and to promote training motivation in job finding. He thanked Mayor Karlen for his co- operation in proclaiming August 20, 1968 as "SWOP DAY." He stated Bakersfield, California, September 3, 1968 - Page that participation by the businessmen of the community has not been as great as expected, but his group is calling on tlhe various ser- vice clubs and businessmen asking for support and gainful employment for the disadvantaged youth in the community. Mayor Karlen commented that Mr. Glen Mark will report on the progress of the "Hapiness is a Summer Job" program at the next Council meeting. The Mayor announced that the next meeting of the South San Joaquin Division of the League of California Cities will be held at Bruoe's Lodge in Fowler, California, Friday, September 13, 1968, at which time the California Taxpayers' Association will comment on the Watson Initiative - Property Tax Limitation. Council Statements. Councilman Whittemore reminded the Council that he is its representative on the Regional Area Planning Commission and that he is of the opinion an alternate should be appointed to attend these important meetings when he has a conflict in meeting dates and is unable to be present. He stated that Councilman Vetter has indicated he would be willing to act in this capacity, and upon a motion by Councilman Whittemore, seconded by Councilman Hosking, Councilman Vetter was appointed as an alternate representative of the Council on the Regional Area Planning Commission. Councilman Stiern introduced a resolution for adoption by the Council proposing an initiative measure to the Constitution of the State of California for a tax credit to residents of the incor- porated cities on their County Property Tax levies, and read the resolution which urged the League of California Cities to adopt a Resolution instructing its Executive Committee to prepare an approp- riate initiative measure to the Constitution of the State of Califer- nia for the purpose of terminating unjust taxation imposed on Bakersfield, California, September 3, 1968 - Page 3 incorporated taxpayers by County governments. Accordingly, the initiative shall provide that the State Board of Equalization shall perform in a supervisorial role to equalize the administra- tion, collection and equity of such tax levy between incorporated and unincorporated taxpayers in the total tax levy of the Counties of California. Further, a tax credit shall be stipulated by the Board of Equalization to City taxpayers against each County of Califor- nia property tax bill for any services that are not provided on a uniform basis both within and without the cities in such counties and the League is urged to seek passage of this initiative measure by the June, 1970 Primary Election. Councilman Stiern, seconded by Councilman Whittemore, moved adoption of this Resolution No. 82-68 which carried by the following roll call vote: Ayes: Noes: Absent: Councilmen Hosking, Rees, Whittemore Rucker, Stiern, Vetter, None Councilman Heisey Councilman Stiern requested that a copy of this resolu- tion be forwarded to the Resolutions Committee of the League of California Cities for its consideration and approval and for pre- sentation to the League Convention in Los Angeles in October, prior to September 12, 1968, which is the deadline set by the Connuittee for the submission of proposed resolutions. Copies were also ordered sent to the 10 cities in the Association of Kern County Cities who have been studying this matter for many years and have made very little progress in discussions with the Board of Supervisors of Kern County. This must be rectified on a state- wide basis. Councilman Stiern also requested that copies be sent to all the cities in the South San Joaquin Division of the League of California Cities before the September 13th meeting in Fowler, an advance copy to the League of California Cities, a copy to Council- man Clifford Loader who is on the Executive Board of the League of California Cities, and copies to the independent cities of Los Angeles County who have experienced similar problems. He stated that he hopes to present this resolution to the cities of the South San Joaquin Division of the League of California Cities for Bakersfield, California, September 3, 1968 - Page 4 223 their favorable adoption which would strengthen the momentum of the resolution considerably before the October League Convention in Los Angeles. Mayor Karlen announced that he would have a resolution for the consideration of the Council at its next meeting, to be presented to the National League of Cities before September 16th, which is the last date for submission of proposed changes in National Municipal Policy. This resolution will be opposing the concept of cities elsewhere taking action approving management-labor disputes and problems, specifically referring to the illegal secondary boycott which is being supported by many cities throughout 'the country. Reports. Councilman Stiern, chairman of the City-County Cooperation Committee, presented the following report: A Memorandum of Understanding dated April of 1959, was adopted by the City and County in order to have a uniform applica- tion of the Bradley-Burns Sales Tax in both incorporated and unin- corporated areas of the county. The uniform sales tax is administered and collected by the State Board of Equalization. The City agreed to return 10% of its sales tax to the County of Kern, less $150,000 per year, towards the support of the Municipal Auditorium for a ten-year period. During this ten-year period, the Council had modified the percentage of the one cent sales tax to accomplish this distribution. The attached ordinance provides that from November 1, through June 30, 1969, we will allow the County of Kern to receive almost 10% of the City's sales tax to accomplish the distribution in accordance with the Memorandum of Understanding. This ordinance will fulfull any obligation of the Memorandum of Understanding. There- after, commencing July 1, 1969, the ordinance specified the City will retain its full share of the sales tax for support of our own local governmental services which are provided to residents and nonresidents who receive these services. We would note that the County does not share in sales tax revenue with six of our sister cities in Kern County, who receive ].00% Bakersfield, California, September 3, 1968 - Page 5 of their sales tax revenue, and has charged lesser :rates to the remaining four cities. We feel that our contribution of over $840,000 during this ten-year period has been more than generous and has amply fulfilled any commitments that were made in April of 1959. We are taking this action well in advance so that both the County and City staffs may adjust their budgetary calculations accordingly. City Attorney Hoagland advised that this proposed ordi- nance is one that can be considered for immediate adoption and does not require a first reading. Councilman Stiern then moved adoption of the report and of Ordinance No. 1756 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. This motion carried by the following roll call vote: Ayes: Councilmen Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Heisey City Manager Bergen read a report from the Traffic Divi- sion of the Police Department in response to a telegram which was sent to the City Council complaining that there was a great deal of excessive speed on Chester Avenue between Brundage Lane and California Avenue on Friday and Saturday nights. The Traffic Division ran a speed survey by means of its radar unit and found that 85% speed on that street during the evening hours from 8 p.m. to 1 a.m. is between 30 and 35 miles per hour, probably very close to 35 miles per hour. A few vehicles were traveling in excess of 40 miles per hour, none over 45 miles per hour during the time the unit was there. Citations have been issued when necessary. In addition there are never less than three traffic officers whose district covers that area on any Friday and Saturday night, and o25 Bakersfield, California, September 3, 1968 Page 6 there are always additional patrolmen in the area. Councilman Rucker requested that a copy of this report be sent to Mr. Jack Collier who made the complaint to the Council. Allowance of Claims. Upon a motion by Councilman Rees, seconded by Councilman Rucker, Vouchers Nos. 596 to 745 inclusive, in amount of $51,375.5Y, as audited by the Finance Approval Committee, were allowed and authorization was granted for payment of same. Action on Bids. Upon a motion by Councilman Rees, low bid of Berehtold Equipment Company .for Diesel Tractor was accepted, and all other bids were rejected. This was the time set to award bid for eight - 25 yard Refuse packer bodies. It was the staff's opinion that the bid of Ray Gaskin fulfills all requirements and conditions specified and is the low bid. Mr. Jere N. Sullivan addressed the Council stating that he had gone over the background of the bidding in this matter with Mr. Ralph Sharon,. the owner of Lambert Mobile Equipment, Inc., who had bid on these refuse packer bodies. He stated that Mr. Sharon advised him that when the original bids were opened on July 2, 1968, his bid was the low bid. However, at that time, a decision was made to rebid the trades spearately. This left Mr. Sharon's bid (f.o.b. Detroit, Michigan) the low bid, but apparently Mr. Jing is recom- mending that the Pack-Mot bid (f.o.b. Bakersfield be accepted, be- cause it is slightly lower than the f.o.b. Bakersfield bid of Lambert Mobile Equipment, Inc. An error was made in computing the sales tax, and if it were refigured, Mr. Sharon would be $172.50 higher than the bid of Ray Gaskin Service of Pasadena, Calif. He stated that it seems to him, since Mr. Sharon is a resident of Bakersfield, that ~he City would benefit much mere if this bid were awarded to him and the money spent in this community, even if his bid was $172.50 high when figured f.o.b. Detroit. Bakersfield, California, September 3, 1968 - Page ? Director of Public Works Jing commented at this time, stating that the original request for bid indicated that the bids were all to be f.o.b. Bakersfield. The City reserved the privilege of accepting an alternate bid, either to buy the equipment out- right, or to buy the equipment with the trade-in. On July 15 the staff reviewed the bids with the Council and asked for authorization, which was granted, to sell the used packers separately, as a better price would be received in this way. By accepting the figure of $8,600.00 for the six surplus trucks, a savings of $2,750.00 would be effected if the bid were awarded to Mr. Gaskin. The bid speci- fications called for the equipment to be f.o.b. Bakersfield. To keep faith with those people who are invited t.o bid, it is necessary to interpret the bids as they come in. They have to be evaluated as they are stated. He does not think the City is permitted a subjective interpretation of the bid. Mr. Sullivan stated that Mr. Sharon submitted a clarifi- cation of his f.o.b. Detroit bid to the City and in doing that established a figure of $66,965.00 with $1,400.00 additional freight charge to be added, making his bid $315.00 lower than ~he lowest bid, and it is also money that would be spent in the Bakers- field area, rather than assisting the economy of Pasadena. City Attorney Hoagland stated he had gone over the matter and there isn't any question in his mind regarding the integrity of the bidding procedure, regardless of what Mr. Sharon arrived at after the bids were opened and after the trucks were sold by the City as to what he could have done. Nevertheless, the department charged with these bids is bound by the bids as they come in. The figures cited by Mr. Sullivan are figures arrived at which are different than those submitted. He called the Council's attention to the Invitation to Bid which specifically stated that will be no additions, alterations or conditions other than those requested in the proposal. The Council cannot maintain integrity in awarding bids if it allows subjective clarification of bids once they have been submitted, that is the whole essence of the bidding procedure. Whatever amount of adjustment could be made by an Bakersfield, California, September 3, 1968 - Page 8 227 f.o.b. Detroit wasn't called for in the bid and it certainly wasn't to be considered by the staff. Councilman Stiern commented.that it seems to him the City has a responsibility to issue invitations to bid and to be somewhat obligated to buy for the City of Bakersfield on the basis of the low bid. Either this is correct, or the bidders should be notified that outside bidders need not apply, or they might be told they could bid but local bidders would receive a percentage and could make a higher bid by virtue of being local taxpayers. Councilman Vetter stated he doesn't see how the City can penalize the low bidder who submitted his bid in good faith, by taking a clarification or new figures on a bid, which are well in- tended perhaps, but the staff or the City should not be expected to accept them. Personally, he doesn't feel the City has any way to go except as recommended by the staff. Councilman Stiern agreed with Councilman Vetter and stated that on behalf of the taxpayers he doesn't think the Council has any alternative except to award the bid to the low bidder, Ray Gaskin Service Company and reject all other bids and he made a motion to that effect. Councilman Hosking asked for a roll call vote on the motion which carried as ~ollows: Ayes: Councilmen Rucker, Stiern, Vetter, Whittemore Noes: Councilmen Hosking, Rees Absent: Councilman Heisey Upon a motion by Councilman Vetter, high bid of Orrin W. Fox Company for six surplus Refuse Packers was accepted, and all other bids were rejected. Adoption of Ordinance No. 1752 New Series of the City of Bakersfield, California, providing for the issuance of Municipal Improvement Bonds of said City in the amount of $2,525,000. Upon a motion by Councilman Hosking, Ordinance of the Cil~y of Bakersfield, California providing for the issuance of Municipal Bakersfield, California, ~eptember 3, 1968 - Page 9 Improvement Bonds o£ said City in the amount adopted by the following vote: Ayes: of $2,525~000 was Councilmen Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Heisey Adoption of Ordinance No. 1753 New Series altering the Boundaries of the Fifth Ward of the City of Bakersfield, California. Upon a motion by Councilman Stiern, Ordinance No. 1753 New Series altering the Boundaries of the Fifth Ward of the City of Bakersfield, California, was adopted by the following vote: Ayes: Councilmen Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Heisey Adoption of Ordinance No. 1754 New Series amending Section 17.23.040 (Front Yard) and Section 17.23.050 (Side Yard) of the C-O (Professional Office) Zone. Upon a motion by Councilman Whittemore, Ordinance No. 1754 New Series amending Section 17.23.050 (Side Yard) of the C-O adopted by the following vote: Ayes: Councilmen Hosking, Rees, Rucker, St iern, Vetter, Whittemore Noes: None Absent: Councilman Heisey Reception of Certificate of Insufficiency of Petitions protesting against the pro- posed annexation o~ that inhabited terri- tory designated as Plaza No. 1 to the City of Bakersfield. Upon a motion by Councilman Vetter, the City Clerk's certificate of Insufficiency o~ petitions protesting against the proposed annexation of that inhabited territory designated as Plaza No. l, which upon their face evidence that the same have been signed by the owners of thirty-eight and two-tenths (38.2%) of the value of the territory proposed to be annexed within this annexation, was received and ordered placed on file. 17.23.040 (Front Yard) and Section (Professional Office) Zone, was ' 29 Bakersfield, California, September 3, 1968 - Page l0 ~ Adoption of Resolution No. 75-68 finding and declaring that a majority protest has not been made against the annexation of Plaza No. 1 to the City of Bakersfield. Upon a motion by Councilman Rees, Resolution No. 75-68 finding and declaring that a majority protest has not been made against the annexation of Plaza No. 1 to the City of Bakersfield was adapted by the following vote: Ayes: Noes: Absent: Councilmen Hosking, Rees, Rucker, Stiern, Vetter, Whittemore None Councilman Heisey Adoption of Resolution No. 76-68 of the City of Bakersfield calling a Special Election to be held on the 5th day of November, 1968, pertaining to the annexa- tion of Plaza No. 1 to the City of Bakers- field and providing for said Election to be consolidated with the State General Election. Upon a motion by Councilman Rees, Resolution No. 76-68 of the City of Bakersfield calling a special election to be held on the 5th day of November, 1968, pertaining to the annexation of Plaza No. 1 to the City of Bakersfield and providing for said election to be consolidated with the State General Election, was adopted by the following vote: Ayes: Councilmen Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Heisey Adoption of Resolution No. 77-68 of the Council of the City of Bakersfield calling a Special Municipal Election for the purpose of submitting certain amendments to the Charter of the City of Bakersfield. After discussion, upon a motion by Councilman Stiern, Resolution No. 77-68 of the Council of the City of Bakersfield calling a Special Municipal Election for the purpose of submitting certain amendments to the Charter of the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Hosking~ Rees, Rucker, Stiern~ Vetter, Whirremote Noes: None Absent: Councilman Reisey Bakersfield, California, September 3, 1968 - Page ll Adoption of Resolution No. 78-68 of the Council of the City of Bakersfield re- questing the Board of Supervisors of the County of Kern to order the consolidation of a Special Municipal Election with the State General Election to be held on November 5, 1968, and setting forth the exact form of the propositions to be voted on at such election as the same are to appear on the ballot. Upon a motion by Councilman Rees, Resolution No. 78-68 of the Council of the City of Bakersfield requesting the Board of Supervisors of the County of Kern to order the consolidation of a Special Municipal Election with the State General Election to be held on November 5, 1968, and setting forth the exact form of the propositions to be voted on at such election as the same are to appear on the ballot, was adopted by the following vote: Ayes: Councilmen Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Beisey Adoption of Resolution No. 79-68 of the Council of the City of Bakersfield re- questing the Board of Supervisors of the County of Kern to render specified ser- vices to said City relating to the conduct of the Special Municipal Election to be held on November 5, 1968. Upon of the Council Supervisors of a motion by Councilman Stiern, Resolution No. 79-68 of the City of Bakersfield requesting the Board of the County of Kern to render specified services to to be held on November 5, 1968, was adopted by the following vote: Ayes: Councilmen Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Heisey First reading of an Ordinance establishing a Relief and Pension Fund for the Fire Department of the City of Bakersfield. First reading was considered given an Ordinance estab- lishing a Relief and Pension Fund for the Fire Department of the City of Bakersfield. said City relating to the conduct of the Special Municipal Election Bakersfield, California, September 3, 1968 - Page 12 231 Adoption of Resolution No. 80-68 of Council of the City of Bakersfield amending Resolution No. ~68-64. 80-68 of No. 68-64 was adopted by the following vote: the Ayes Noes Absent: Upon a motion by Councilman Whittemore, Resolution No. the Council of the City of Bakersfield amending Resolution. Councilmen Hosking, Rees, Rucker, Stiern, Whittemore Vetter, None Councilman Heisey First reading of an Ordinance of the Counoil of the City of Bakersfield providing for the purchase of supplies, equipment and incidental services. First reading was given an Ordinance of the Council of the City of Bakersfield providing for the purchase of supplies, equipment and incidental services. Agreement between the City of Bakersfield and the Redevelopment Agency of the City of Bakersfield establishing relationships between the City and the Redevelopment Agency referred to a committee of the entire Council for study at a special meeting. This was the time set to consider an agreement between the City of Bakersfield and the Redevelopment Agency of the City of Bakersfield establishing relationships between the City and the Redevelopment. Agency. After Council discussion, Councilman Stiern commented that he considers this agreement of tremendous importance, that it should be given very complete consideration rather than to take any hasty action on it tonight. He then made a motion that it be referred to a committee of the entire Council for a thorough study at a special meeting on that one subject in the near. future. City Manager Bergen stated he would get in touch with Mr. Eugene Jacobs, attorney for the Redevelopment Agency, this week and ascertain from him when it would be convenient for him to attend a special Council meeting to discuss the agreement, date for holding the special meeting to be set next Tuesday night, September 10, 1968. Vote was then taken on Councilman Stiern's motion which carried unanimously. 32 Bakersfield, California, September 3, 1968 - Page 13 Approval~of Amendment to Contract No. 45-68 between the City of Bakersfield and the St. ~Francis Parish for bus transportation. Upon a motion by Councilman Vetter, amendment to the Contract Parish for bus transportation was approved, and the Mayor was authorized to execute same. County Auditor-Controller authorized to levy delinquent Weed Abatement Assessment as part of the 1968-69 Secured Tax Roll. Upon a motion by Councilman Rees, the County Auditor- Controller was authorized to levy delinquent Weed Abatement Assessments as part of the 1968-69 Secured Tax Roll, per list sub-. mitred by the City Finance Director. Claim for damages from Harold Milton Turner referred to the City Attorney. Upon a motion by Councilman Rucker, claim for damages from Harold Milton Turner was referred to the City Attorney. Approval and adoption of new and modified specifications for the positions of Data Processing Programmer - Console Operator and Assistant City Attorney. Upon a motion by Councilman Rucker, new and modified specifications for the positions of Data Processing Programmer- Console Operator 252 (New) and Assistant City Attorney 124 (modi- fied) were approved and adopted. Approval of Plans and Specifications for the construction of a Sanitary Sewel' in Garnsey Lane between Real Road and Mira Loma Drive. Upon a motion by Councilman Hosking, plans and specifi- cations for the construction of a Sanitary Sewer in Garnsey Lane between Real Director was No. 45-68 between the City of Bakersfield and St. Francis; Road and Mira Loma Drive were approved and the Finance authorized to advertise for bids for this project. 233 Bakersfield, Cali£ornia, September 3, 1968 - Page 14 Approval of Agreement for the Consent to Common Use between Pacific Gas and Electric Company and the City of Bakers- field for the P. G. & E. power line easement at the northwest corner of 24th and Oak Streets. Upon a motion by Councilman Hosking, agreement for the Consent to Common Use between the Pacific Gas and Electric Company and the City of Bakersfield for the P. G. & E. power line easement at the northwest corner Of 24th and Oak Streets was approved, and the Mayor was authorized to execute same. Approval of Agreement with the Pacific Gas and Electric Company for electric service and Extension Agreement for the Golden State Avenue/"F" Street Storm Drain Pump Station. Upon a motion by Councilman Rucker, Agreement with the Pacific Gas and Electric Company for Electric Service and Extension Agreement for the Golden State Avenue/"F" Street Storm Drain Pump Station was approved, and the Mayor was authorized to execute same. Failure of motion to purchase proposed park site in the northwest area without appraisal. At this time the Council engaged in a discussion relative to the purchase of proposed park site located north of the 178 Free- way, adjacent to Eissler School and included within the proposed annexation of Auburn No. 1. This property consists of 15 acres, with 10 or 12 acres to be used for the park site itself. The sur- plus property can be sold at the time o£ development of the park. The property is under option at the present time and the 15 acres can be purchased for $47,000 if the City exercises its option prior to September 6, 1968. This is a net cost of approximately $3,150 per acre, which in the opinion of the staff, is a good price. Several members of the Council were of the opinion that this park site should not be purchased until a suitable appraisal of the property has been made. After some further discussion, Council- man Rees made a motion that the City exercise its option on the property and purchase it at the price stipulated without obtaining Bakersfield, California, September 3, 1968 - Page 15 an appraisal. call vote: Ayes: Noes: Absent: Abstaining: This motion failed to carry by the Councilman Rees Councilmen Rucker, Councilman Heisey Councilman Hosking following roll Stiern, Vetter, Whittemore - because he represented the land owner in the past Approval of purchase of proposed park site subject to two independent apprai- sals indicating the value is $47,000 or more. Councilman Vetter offered a motion that authorizal~on be granted to purchase the park site subject to two independent appraisals of the property indicating that the value is $47,000 or more. Councilman Stiern seconded the motion, which after dis- cussion carried by the following roll call vote: Ayes: Councilmen Rees, Stiern, Vetter Noes: Councilmen Rucker, Whittemore Absent: Councilman Heisey Abstaining: Councilman Hosking Council recessed for ten minutes at this time. Hearings. This was the time set for continued hearing before'the Council on Resolution of Intention No. 833 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of a portion of Sonora Street north of Sumner Street in the City of Bakersfield, which was continued from meeting of August 19, 1968 for further review by the Council. The public hearing was closed at the previous meeting, and upon a motion by Councilman Vetter, Resolution No. 81-68 ordering the vacation was adopted by the following vote: Ayes: Noes: Absent: Abstaining: Councilmen Rees, Rucker, Stiern, Vetter, Whittemore None Councilman Heisey Councilman Hosking as was not in attendance at the previous meeting when this was discussed. 2 3 5 Bakersf±eld, Cal±fornia, September 3i 1968 - Page 16 Time set for hearing before the Council on an application by James Mahoney to amend the Zoning Boundaries from an R-1 (Single Family Dwelling) Zone to a C-2 (Commercial) or more restrictive, Zone, on that certain property in the City of Bakersfield located at the southeast corner of South "H" Street and White Lane. This hearing has been duly advertised and posted and no objections were received in the City Clerk's office. The Planning Commission has received the request and recommends approval with the "D" (Archi- tectural Design) Overlay to be applied to insure a compatible development with the surrounding residential area. No protests or objections being received from those present, the Mayor ~declared the public hearing closed, and after discussion, upon a motion by Councilman Whittemore, Ordinance No. 1755 New Series amending Title 17 of the Municipal Code was adopted by the following vote: Ayes: Councilmen Hosking, Rees, Rucker, Stiern, 'getter, Whittemore Noes: None Absent: Councilman Heisey 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 August 19, 1968 and postcard notices of the continued hearing were sent to all interested parties. Mayor Karlen stated that the public portion of the hearing had been closed at the last meeting. Councilman Hosking, who was not present at the previous hearing, stated that as this area is in his Ward, he would like to speak on this proposal. Within the area out- lined in the proposed district, there are many professional people, attorneys, doctors, dentists, etc., who will derive no benefit from it. He believes that the business licenses are already inflated, and to increase them two or three times would be unfair and inequitable. No one is opposed to the district as such, especially with the modified Bakersfield, California, September 3, 1968 - Page 17 boundaries, but they are opposed to the classifications set out in the ordinance. The merchants were given the benefit of a reduction in their business license fees earlier in the year, but the pro- fessional people have not received any reduction. The Council adopted a Minute Order directing the staff to study the already too high business license fees in the professional category and others, but to date no recommendations have been made to the Council. If some reduction were made in the present business license fees by the Council prior to the establishment of this proposed business district, there would be no opposition to the District. Mr. Barney Gill, who had previously filed an eight page communication with the City Clerk in protest to the establishment of the proposed Business Promotion District, addressed the Council. stating he would be brief and paraphrase his letter. In his opinion the district is discriminatory to all professional persons, as well as others who have no possible interest in the purposes of the proposed district. The proposed ordinance is a belated attempt to solve the problems of 1968 and it is too little and too late. It is a misnomer to call this a Business Promotion District, it is a district for the downtown retail merchants' benefit. He recommended that the Council table further consideration of this ordinance and instead appoint a metropolitan-wide Citizens Com- mittee to look into the problems of the future and find solutions with the help of its professional planners. Mr. Vince Casper, president of the Downtown Business Area, stated the people of the area were asking to pay more tax just to promote a given area. They did not want the money to promote any individual business, they want to promote trade in the entire area. There may be some inequities in the scale they copied from the City of Pomona's ordinance, but they did not intend to be discriminatory toward anyone in the area. Bakersfield, California, September 3, 1968 - Page 15 237 Mr. Manuel Carnakis, who owns property and has a business in the 1200 block of 19th Street, previously filed a petition with the Council from all businesses in this block requesting to be excluded from the proposed business promotion district. They are still unalterably opposed to being included in this district and do not feel they will benefit from it. Councilman Stiern commented that he still thinks the Council should take the time to correct the inequities in the business license £ees in those categories other than merchandising which have been reviewed and corrected, and the classifications should be reviewed again to see that they are correct. He is not sure what action the Council should take tonight, but he is positive they should first revise the business licenses and the classifications. After some ~urther discussion, Councilman Hosking moved that the public hearing be continued for four weeks until the Council meeting of September 30, 1968, for ~urther study of the classi£ications and o£ the business license fees. Councilman Rees seconded this motion which carried unanimously. Councilman Stiern then moved that the matter of completing the revision of the business license fees and the deletion of certain classifications be referred to the Business Development and Parking Committee, so that this study may be made prior to the continued public hearing on September 30, 1968. This motion carried unanimously. This was the time set for continued hearing on appeal by the Nieghborhood Protest Committee to the decision of the Board of Zoning Adjustment granting the application of the Reverend Ralph J. Belluomini for a Conditional Use Permit for the operation and main-- tenance of a home for approximately 20 non-delinquent boys in an R--3 (Limited Multiple Family Dwelling) Zone on that certain property commonly known as 1924 "B" Street. This hearing was continued from meeting of August 19, 1968 and postcards have been sent to everyone in the area notifying them of the hearing being continued. Bakersfield, California, September 3, 1968 - Page 19 Petitions containing the signatures of approximately 43 persons residing in the general area opposing the granting of the Conditional Use Permit were filed by the Neighborhood Protest Committee. Petitions containing the signatures of 18 persons residing in the general area stating they were not opposed to the establishment of the boys home in the neighborhood were filed at this time. A communication which was aired on Radio Station KAFY on August 19, 1968 in favor of the granting of the Conditional Use Permit was read by the Nayor. Mr. John Phillip Bentley, spokesman for the Neighbor- hood Protest Committee, addressed the Council at this time, stating the opponents have 1,3'50 years of residence in the neighbor- hood and that experts have told'him if the residents of a neighbor- hood approve of the establishment of an institution of this kind it will work, if they do not approve and cooperate, it will fail. He pointed out that he had filed a petition signed by 43 persons living in the area who feel that they are not transient and are permanent residents of the area who are definitely opposed to the establishment of this boys home. Mayor Karlen stated he had discussed this with residents of the area who feel that the home is needed, they agree with it, but this is just not the place for it in a residential neighbor- hood, that a better location can be found. They also based their objections on the fact that some of the youngsters may be addicted to drugs. Mrs. Linda Dalton of 2318 - 20th Street stated she feels it is a very good idea, but she is not in favor of it being in her neighborhood, she doesn't see how they can put 20 boys in a house with only seven bedrooms. She is opposed to it. Mrs. Gloannah Ball Behan who resides as 2300 19th Street stated she feels this is something that is needed for these boys, but there are many elderly people living alone in the neighborhood and she would suggest that there is not enough room for 20 boys, they need a place for recreation and she recommended buying some place like Stonybrook where there would be plenty of room for them to spread out and have enjoyment. Bakersfield, California, September 3, 1968 - Page 20 Father Ralph J. Belluomini stated he has been assigned a job by the Bishop to direct Catholic social services in Bakersfield. He also works in youth and it is necessary that something be done in the area of foster home placement. This home is intended to be a resource for the County of Kern for placement of boys in a terminal facility which would provide an atmosphere in which he may achieve further growth in his moral and social responsibilities during the period of transition into adult life. This home is modeled on a home in San Francisco. Rather than placing them on a farm, they find it has been more appropriate to develop the youngster in his own locale, in his own neighborhood, in the City in. which he is going to live so that when he steps out on his own, he will be able to cope with the difficulties that may arise in the community, that the boy will be able to use the resources that are available to him. This is a residence for boys between the ages of 16 to 18, who have had family difficulties, they have been pushed around. Placement at the home would be available for boys who are too young to be on their own and too old to accept a family substitute. Final eligbility would be determined by an Intake Committee. This home is not to be considered a correctional institution and is not intended to destroy or upset a neighborhood. They selected the neighborhood because it came to their attention that this home was available, this was inspected by the various contractors, in- spected by the City Fire Department, the Building Department, and by his own Board members. He asked that the people in the neighbor- hood understand that they intend to keep the house in good repair and they intend to keep the boys in line. He stressed the idea of control of these boys. Others who spoke in favor of granting the Conditional Use Permit were Mr. High Sill, Mr. Robert Heinley, Mrs. Fred Valentich, Mr. Thomas P. Daly, Junior, Attorney, Director of Catholic Social Services, and Mrs. Dutler Dauwalder, County Juvenile Officer. Mayor Karlen permitted rebuttal, at which time Mr. Bentley again spoke protesting the opening of this boys home and Dr. Harry 240 Bakersfield, California, September 3, 1968 - Page 21 Tyerman who maintains an office at Truxtun and "D" Street, stated he was opposed to this home. Mayor Karlen closed the public hearing for Council dis- cussion. All members of the Council were sympathetic to both the opponents and the proponents and stated it was a very difficult decision to make on this particular issue. They asked Father Ralph many questions regarding the operation of a home of this type. Councilman Rucker stated that from what he has been told. about the way the home will be conducted, he does not think any- one in the neighborhood will be hurt. This is something that is needed in the City. Councilman Vetter stated he was concerned about the supervision of the home, and as far as he can see the general neighborhood is predominately opposed to it. It is very important to give the boys a chance, but if there is in the neighborhood, it would be difficult operation. an antagonistic feeling to keep the home in Councilman Stiern stated this is a good idea, he is not against boys at all, there must be a place within the urban area which would find this a very acceptable thing, however, he feels he must support the people in the neighborhood who are opposed to it. Councilman Hosking commented that this is in his neighbor- hood, there are many good people on both sides of this issue, there is no question that the idea of this institution is very good, but they are seeking to put it in a residential neighborhood. The people in this area are opposed to it, he feels it is his duty to protect the people in the neighborhood, and if they are opposed to this, he doesn't see how he can vote for it. Councilman Whittemore commented that in the past many things were opposed in the City but after they were approved by the Council, they have been highly successful. He stated he knows there will be problems in putting 20 boys in this neighborhood, but any older neighborhood is going to change, they must weigh 241 Bakersfield, California, September 3, 1968 - Page 22 all sides of the problem. These boys are not considered delinquents, they are boys who through no fault of their own are in unfortunate circumstances and they are trying to find a place for them to locate. Councilman Rees stated that no matter what the Council does in a case like this they are faced with the prospect of over- ruling someone. The Board of Zoning Adjustment on July 9, 1968 saw fit to grant this permit and he therefore moved adoption of Zoning Resolution No. 210 granting this Conditional Use Permit. This motion carried as follows: Ayes: Councilmen Rees, Rucker, Whittemore Noes: Councilmen Hosking, Stiern, Vetter Absent: Councilman Heisey Pursuant to Section 14 of the Council in the advent of a tie vote, the Mayor has the right to vote, and Mayor Karlen voted "Aye", which granted the Conditional Use Permit. Council, at 12:50 A.M. Adjournment. There being no further business to come before this upon a motion by Councilman Vetter the meeting was adjourned MAYOR of the City of Bakersfield, Calif. ATTE ST: f of the Council of the City of Bakersfield, California 242 Bakersfield, California, September 10, 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., September 10, 1968. In the absence of Mayor Karlen, Vice-Mayor Richard Stiern called the meeting to order, followed by the Pledge of Allegiance and Invocation by the Reverend Donald Swain of the Westminster Presbyterian Church. The City Clerk called the roll as follows: Present: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Absent: Mayor Karlen Minutes o£ the regular meeting of September 3, 1968 were approved as presented. Correspondence. It was moved by Councilman Vetter that communication from Mr. Jere N. Sullivan, attorney, re action taken by the Council at meeting of September 3, 1968 on bid for eight packer bodies, be received and ordered placed on file. Councilman Hosking amended this motion to include that this letter be referred to the City Attorney for answering. This motion carried unanimously. Council Statements. Councilman Heisey stated that as a member of the Bakers- field College Management Advisory Board, he has been requested by the College to ask the City Manager to urge as many city employees as possible to participate in the night school program particularly designed for public administrators as well as business administra- tors. If these courses are completed over a period of three or four years, a certificate of completion will be awarded. Both the employee and the City will benefit from this and the college will appreciate employees enrolling in the classes. Councilman Rees called the attention of Councilman Vetter's TV Committee to the programming of the Bakersfield Cable TV Company which indicated that only as long as the Council stays '243 Bakers£ield, Cali£ornia, September 10, 1968 - Page 2 on top of this company will the subscriber receive good programming. He cited examples of his experience over the weekend when he had anticipated viewing certain programs which were blacked out on the cable and were not shown on the corresponding local channel. He feels that the subscriber is not getting what he is paying for. Councilman Stiern agreed with Councilman Rees, stating that this points up the fault this company has had all along of depending on automatic switching and what is really needed is a supervisor to man the switching operation because of such programming changes as Mr. Rees mentioned. Councilman Rees also called attention to a two story building on Kentucky Street just off Baker Street right next to the bank, which has burned and has been in this condition for well over a month. He feels it is a hazard for children, it could be another fire hazard, and he asked what the machinery is to enforce something to be done about it. City Attorney Hoagland stated that sometimes action was delayed due to insurance problems. City Manager Bergen stated the staff would check into it. Councilman Rucker stated he has a complaint. During the year they have a tremendous problem in the Mayflower area due to water standing in the intersections and cars making holes in the pavement. This problem was especially bad on Gorrill and South Robinson, and he asked the Director of Public Works what would be the possibility of putting concrete aprons in these areas where they are constantly having trouble and where patching doesn't seem to be the answer to the problem. Councilman Stiern stated he thinks the point is well taken because over a period of five or ten years more money is spent on replacing the black top then would be spent on doing the job right in the first place. Mr. Jing stated that this problem is not unique to Mr. Rucker's ward, the same thing happens in other wards. They have a staging program for installation of cross gutters. City Manager Bergen stated that the only thing that can be done to eliminate Bakersfield, California, September 10, 1968 - Page 3 this other than putting in a concrete street, is an underground drain, if it is possible to work out a way to get the water under- ground in a cross drain. They try to pick up the worst inter- sections by complaints like this, and they have a program which they carry out on the basis of the condition and the volume of traffic. He stated they would take a look at the areas mentioned by Councilman Rucker. Councilman Hosking stated that there are a number of old houses which have been converted into rooming houses, and he asked what provisions are made for checking the wiring in these old frame buildings. He doesn't think these rooming houses should continue in operation with old wiring as they constitute a serious fire hazard. He feels the City should review its policy regarding inspections of buildings and bring them up to standard. Council- man Heisey commented he imagined rooming houses were inspected because his plant is inspected very thoroughly periodically. After discussion, it was requested that the Building Inspector make a report to the Council at the next meeting regarding the type of inspection that is required for rooming houses. Reports. City Manager Bergen reported on a request for a four- way stop sign at DeWolf and South Haley, which had been referred to the Traffic Authority for recommendation. Lieutenant Price of the Traffic Division examined this intersection and recommended that this four-way stop sign be installed, inasmuch as this is mainly a residential area and the intersection is extremely blind. Councilman Rucker stated that this installation had already been made. Action on Bids. This being the time and place fixed for the opening of bids for $2,525,000 bonds of the City of Bakersfield, designated "Municipal Improvement Bonds, 1966, Series B", the :following bids received pursuant to the notice of sale were publicly opened, examined and read: Bakersfield, California, September 10, 1968 - Page 4 245 United California Bank, White, Weld & Co.,. Seattle First National Bank, Hornblower & Weeks-Hemphill Noyes, R. W. Pressprich & Co. Inc., Shearson, Hammill & Co., Incorporated, Goodbody & Co., New York Hanseatic Corporation, First of Michigan Corporation, Stern Brothers & Co., Rowles, Winston & Co., bid par, accrued interest to date of delivery, and a premium of $248.00 for bonds bearing interest payable annually the first year and semiannually thereafter at the rate of: Rates Years 5.50% 1970 to 1976 4.10% 1977 4 % 1978 to 1980 4.10% 1981 to 1982 4.25% 1983 to 1985 4.30% 1986 to 1988 4.40% 1989 to 1991 4.50% 1992 to 1993 Crocker-Citizens National Bank bid par, accrued interest to date of delivery, and a premium of $240.00 for bonds bearing interest payable annually the first year and semiannually thereafter at the rates of: Rates Years 5.50% 1970 to 11974 4.75% 1975 4 % 1976 to 11980 4.10% 1981 4.20% 1982 to 11983 4.25% 1984 4.30% 1985 4.40% 1986 to 11989 4.50% 1990 to 11993 Wells Fargo Bank, Blyth & Co., Inc., First National Bank of Oregon, The Northern Trust Company, John Nuveen & Co., Shuman Agnew & Co., Weeden & Co., bid par, accrued interest to date of delivery, and a premium of $1,060.50 for bonds bearing interest pay- able annually the first year and semiannually thereafter at the rates of: Rates Years 5 % 1970 to 1975 4 % 1976 to 1979 4.10% 1980 to 1981 4.25% 1982 to 1984 4.40% 1985 to 1988 4.50% 1989 to 1993 246 Bakersfield, California, September 10, :L968 - Page 5 Bank of America N. T. & S. A., and Associates, bid par, accrued iaterest to date of delivery, and a premium of $404.00 for bonds bearing interest payable annually the first year a~d semiannually thereafter at the rates of: Rates Years. 5.50% 1970 to 1975 4.10% 1976 4 % 1977 to 1978 4.10% 1979 to 1980 4.20% 1981 to 1982 4.25% 1983 to 1984 4.30% 1985 4.40% 1986 to 1987 4.50% 1988 to 1990 4.60% 1991 to 1993 Security First National Bank bid par, accrued interest to date of delivery, and a premium of $311.00 for bonds bearing interest payable annually the first year and semiannually there- after at the rates of: Rates Years 5 % 1970 to 1977 4.40% 1978 4.10% 1979 4.20% 1980 to 1981 4.25% 1982 4.30% 1983 4.40% 1984 to 1986 4.50% 1987 to 1990 4.60% 1991 to 1993 Each bid was accompanied by a good faith check in an amount not less than $25,250.00. All bids were then referred to Finance Director D. L. Haynes for checking and computation, a report thereon to be given to the Council later in this meeting. Upon a motion by Councilman Rees, net bid of Brown-Bevis Equipment Company for three Diesel Engine Street Sweepers was accepted, this being the only bid received. Upon a motion by Councilman Vetter, low bid of The Rich Valve Company for 500 Fire Hydrant Adapters was accepted and all other bids were rejected. 247 Bakersfield, California, September 10, 1968 - Page 6 Allowance of Claims. Upon a motion by Councilman Rees, Vouchers Nos. 746 to 788 inclusive, in amount of $7,449.35, as audited by the Finance Approval Committee, were allowed and authorization was granted for payment of same. Adoption of Resolution No. 84-68 of the Council of the City of Bakersfield awarding the contract for doing the Work in Public Improvement District No. 827 - Construction of Curbs, Gutters and Sidewalk in southeast Bakersfield along East California Avenue, Butte Street, Chico Street and Delores Street between Baker Street and Robinson Street. The City Clerk reported that bids for the construction of this work were opened in her office on September 3, 1968, and that the lowest regular proposal or bid received was that of Joe C. Brown, Inc., in amount of $73,133.40. Upon a motion by Councilman Rucker, the report was received and placed on file and Resolution No. 84-68 of the Council of the City of Bakersfield awarding the contract for doing the Work in Public Improvement District No. 827 - Construction of Curbs, Gutters and Sidewalk in southeast Bakersfield along East California Avenue, Butte Street, Chico Street and Delores Street between Baker Street and Robinson Street, was adopted by the following vote: Councilmen Beisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Ayes: Noes: None Absent: None Adoption of Ordinance No. 1757 New Series of the Council of the City of Bakersfield providing for the purchase of supplies, equipment and incidental services. Upon a motion by Councilman Whittemore, Ordinance No. 17.57 New Series of the Council of the City of Bakersfield providing for the purchase of supplies, equipment and incidental adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Whittemore Noes: None Absent: None Rees, Rucker, services was Stiern, Vetter, 245 Bakersfield, California, September 10, ].968 - Page 7 Adoption of Ordinance No. 1758 New Series establishing a Relief and Pension Fund for the Fire Department of the City of Bakers- field. Upon a motion by Councilman Vetter, Ordinance No. 1758 New Series establishing a Relief and Pension Fund for the Fire Department of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmen Heisey, Hosking, Whittemore None None Rees, Rucker, Stiern, Vetter, Adoption of Resolution No. 85-68 of the Council of the City of Bakersfield as- certaining and determining the prevailing rate of wages to be paid to certain crafts and types of workmen employed on Public Work in the City of Bakersfield. Upon a motion by Councilman Rees, Resolution No. 85-68 of the Council of the City of Bakersfield ascertaining and deter- mining the prevailing rate of wages to be paid to certain crafts and types of workmen employed on Public Work in the City of Bakers-- field, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Whittemore Noes: None Absent: None Rucker, Stiern, Vetter, Parcel of Property declares surplus and Finance Director authorized to advertise for bids for sale. Upon a motion by Councilman Heisey, triangular shape parcel described as Lots 15 and 16 and one-half of alley on the east in Block 58., Bernard Addition, except portions to State Highway, was declared surplus and the Finance Director was author- ized to advertise for bids for the sale of same. Acceptance of Sewer Easement from Charles Lum. Upon a motion by Councilman Whirremote, from Charles Lum for portion of the ject, through Section 14, T. 30 S., Sewer Easement South Bakersfield sewer pro- R. 27 E., M.D.M., was accepted. '249 Bakersfield, California, September 10, 1968 - Page 8 Acceptance of Easement from Ming Center Investment Company. Upon a motion by Councilman Whittemore, sewer easement from Ming Center Investment Company running from Ming Avenue southerly 433.02 feet on the future alignment of Akers Road which is required for a portion of the Southwest Bakersfield sewer pro- ject was accepted. Upon a motion by Councilman Hosking, the Council recessed for recommendation from Finance Director Haynes on bids for Munici- pal Improvement Bonds, 1966, Series B. The Council reconvened and Mr. James Guerin, who is a representative of the City's financial consultant Firm, reported that the bids on the bonds had been checked and computed and the bid o£ United California Bank is the bid yielding the lowest net interest cost. After considering the various bids and the report thereon, it was moved by Councilman Vetter, seconded by Councilman Heisey, that Resolution No. 83-68 of the City Council of the City of Bakers- field, California, awarding $2,525,000 Bonds of said City to the Best Bidder and rejecting all other bids be adopted. Upon the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None said Resolution No. 83-68 was declared adopted. Councilman Vetter asked for a report from the City Manager regarding appraisal of proposed park site near Eissler School. City Manager Bergen stated that two appraisals were obtained from Mr. Gost and Mr. Olson and both appraisals exceed the price of $47,000 made to the City, therefore the City's option was exercised and the park site was purchased. 250 Bakersfield, California, September 10, 1968 - Page 9 Adjournment. There being no further business to come before the Council upon a motion by Councilman Vetter the meeting was ad- journed at 9:20 P. M. ATTE ST: CI~ LER~ ~ o~ the Council of the City o~ Bakersfield, California Bakersfield, California, September 16, ].968 ',251 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. September 16, 1968. The meeting was called to order by the Mayor followed by the Pledge of Allegiance and Invocation by the Reverend Charles Wilkinson of the Chester Avenue Baptist Church. The City Clerk called the roll as follows: Present: Mayor Karlen. Councilmen Heisey, Hosking, Rees, Rucker, Vetter, Whittemore Absent: Councilman Stiern Minutes of the regular meeting of September 10, 1968 were approved as presented. Correspondence. Upon a motion by Councilman Heisey~ communication from Carpenter, Superintendent of Schools~ expressing apprecia- Dr. C. C. tion for the action of the City Council in placing certain amendments to the charter on the ballot, was received and ordered placed on file. Councilman Hosking commented on a letter addressed to Mayor Karlen, copy of which has been mailed to him, which was a complaint from a resident in his ward regarding noise and hippie activity in Beach Park. Mayor Karlen stated he had sent a copy of the letter to the Chief of Police Department for any action he deemed necessary. Scheduled Public Statements. Mr. Glenn Mark, Chairman of the "Happiness is a Summer Job" Committee, addressed the Council, stating the Committee wanted to thank the Mayor, the City Council and the citizens of Kern County, for allowing them the privilege and honor of directing "Happiness is a Summer Job". They feel they have given the program the right direction to travel in the future. As they set out to do, they did help develop the greatest natural resource of the city - Youth. Every adult that came close to this program also benefited a great deal. 2,100 Youth called and asked for more information on this program. 950 Youth called for an appointment and came down for Bakersfield, California, September 16, 1965 - Page orientations and they were given the keys to many opportunities, not only in employment but life in general. Over 300 Youth used the placement service and found employment directly through "Happiness is a Summer Job." Over 3,000 Youth found employment on their own, and their jobs varied from farming to baby sitting. There were no problems except more jobs were needed. The Committee offered the following adivce for the second year's opera- rich: 1. Start early in Spring, about April 10th 2. Issue a certificate for completing orientation 3. Set up crews to do bid jobs with adult supervision Mr. Mark listed the manner in which the monies alloted from the City Countil were disbursed, which amounted to $2,270.74, and he presented the Mayor with a book containing a complete resume of the activities of the "Happiness is a Su~er Job" pro- gram. Mayor Karlen thanked Mr. Mark and stated he had heard many compliments from the Youth especially those who went through the orientation program. In order to be more effective, he is very hopeful that the planning for future programs can be initiated earlier. Councilman Heisey commented that he thinks the Mayor should be particularly commended on the success of the program, as it was at his instigation that the Council participated in the program. Council Statements. Councilman Whirremote stated that he has talked to all of the merchants in the Benton Park Shopping Center about the divider strip which does not have an opening for the traffic going north to turn into the shopping center. He knows that there is a problem every time a divider strip is constructed, but it seems to him that something should be done to provide an opening so that the public can get into the main entrance, as this is one of the major shopping centers and it will be a tremendous financial blow to these people if this is not corrected. Mr. Bergen stated he would look into it. Of course, everyone wants an opening in the divider island to turn into their '253 Bakersfield, California, September 16, 1968 - Page 3 private driveway, but the City's standards do not permit it. man Whittemore commented that now is the time to evaluate side of the curbing is in and he asked Mr. Bergen to get with him and see what can be done. Councilman Rucker asked that a street light be Council- it, as one together installed at the intersection of Beale Avenue with California Avenue Park, as it is very dark there and there is a real need for a light. Mr. Bergen stated he would look at this location. Mayor Karlen stated that he did not attend last week's Council meeting as he attended the meeting of the Local Agency Forma- tion Commission. He is happy to report that after months of effort to establish a separate staff, the Commission will be advertising for the combined position of executive officer-counsel in the near future. Reports. City Manager Bergen referred to last week's comments on old boarding houses and reported that one of the old rooming houses specifically mentioned last week has been purchase~ by another owner and as soon as it is out of escrow, the old buildings will be de- molished and will not be used for this purpose in the future. He also called attention to a report from the Building Department pertaining to the periodic inspection required for rooming houses, apartment houses, etc., copies of which has been furnished to all members of the Council. Mr. Bergen stated that he had been informed that a building permit has been taken out to demolish the partially burned building on the south side of Kentucky Street west of Baker Street, which will probably be completed by the end of this week. Mayor Karlen stated that two weeks ago he had brought to the attention of the Council that he would present a resolution regarding labor-management disputes outside of the jurisdiction of this City and particularly of member municipalities of the National League of Cities, and he proceeded to read the resolution which must be submitted to the Committee by September 16th in order to assure 254 Bakersfield, California, September 16, 1968 - Page 4 analysis and prior assignment to full Committee agenda. Upon a motion by Councilman Heisey, seconded by Councilman Vetter, Resolution No. 87-68 of the City Council of the City of Bakersfield regarding Labor-Management disputes outside of the jurisdiction of member municipalities of the National League of Cities, was adopted by the following vote: Ayes: Noes: Absent: Councilmen Heisey, Hosking, Whirremote Rees, Rucker, Vetter, None Councilman Stiern Appointment of Members of the Board of Building and Housing Appeals. Upon a motion by Councilman Rees, the following members of the new Board of Building and Housing Appeals were appointed to serve at the pleasure of the City Council: Warren Minner Hulen Butcher John A. Farquhar Wm. H. Pinckard O. D. Williams Allowance of Claims. Upon a motion by Councilman Rees, Vouchers No. Representing the structural field Representing the mechanical and plumbing field Representing the electrical field Representing the labor field Member at large 789 to 879 inclusive, Committee, were allowed, of same. in amount of $40,837.37, as audited by the Finance and authorization was granted for payment Action on Bids. Upon a motion by Councilman Rucker, low bid of Reedmarc Corporation for construction of a storm drain in Chico Street and East California Avenue between Lakeview Avenue and Beale Avenue was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Date of September 24, 1968 set for Special Council meeting for the pur- pose of receiving an explanation from special counsel regarding proposed agreements between the City of Bakers- field and the Redevelopment Agency. Upon a motion by Councilman Hosking, seconded by Council- man Reisey, date of Tuesday, September~24, 1968, at eight o'clock P.M., was set for Special Council meeting to be held for the Bakersfield, California, September 16, ].968 - Page 5 255 purpose of hearing the attorney who is working for the City on Redevelopment projects explain to the Council the various agreements which are proposed between the Council and the Redevelopment Agency and other matters pertaining to the Redevelopment Agency. Adoption of Resolution No. 86-68 deleting one Council meeting in September, 1968. Upon a motion by Councilman Hosking, Resolution No. 86-68 deleting Council meeting of September 23, 1968, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Vetter, Whirremote Noes: None Absent: Councilman Stiern Request for abandonment of alley located on the east side of "Q" Street between Truxtun and 16th Street referred to the Planning Commission for study and recom- mendation. Upon a motion by Councilman Heisey, request from Warde D. Watson Realty Company for owners, for abamdonment of alley located on the east side of "Q" Street between Truxtun and 16th Street, was referred to the Planning Coramission for study and recommendation. Authorization granted to enter into compromise and settlement agreement in the eminent domain matter of the City of Bakersfield vs. Gerald H. and Mary T. Kamprath. For consideration of $8,156.00 Gerald H. and Mary T. Kamprath have agreed to deed the necessary property needed for the widening of South "H" Street, and upon a motion by Councilman Whittemore authorization was granted to enter into the compromise and settlement agreement in the eminent of Bakersfield vs Gerald H. and Mary T. was authorized to execute same. domain matter of the City Kamprath, and the Mayor Acceptance of Grant Deed and Street Right-of-Way Deed from Gerald H. and Mary T. Kamprath. Upon a motion by Councilman Rees, Grant Deed and Street Right-of-Way Deed from Gerald H. and Mary T. Kamprath were accepted. 256 Bakersfield, California, September 16, :1968- Page 6 Approval of Contract with the Greater Bakersfield Chamber of Commerce for the service of advertising the City and promoting the industrial development of the City. Upon a motion by Councilman Whittemore, contract between the City of Bakersfield and the Greater Bakersfield Chamber of Commerce for the service of advertising the City and promoting the industrial development of the City was approved and the Mayor was authorized to execute the contract. Approval of Contract with the Greater Bakersfield Chamber of Commerce for the service of advertising and promoting the growth of the City. Upon a motion by Councilman Rees, Contract between the City of Bakersfield and the Greater Bakersfield Chamber of Commerce for the service of advertising and promoting the growth of the City was approved, and the Mayor was authorized to execute the contract. Approval of Contract with the Greater Bakersfield Chamber of Commerce pro- viding for the operation of a Conven- tion Bureau. Upon a motion by Councilman Rucker, contract with the Greater Bakersfield Chamber of Commerce for the operation of a Convention Bureau was approved and the Mayor was authorized to execute same. First reading of an Ordinance amending Chapter 17.56 (Automobile Parking Require- ments) of the Municipal Code of the City of Bakersfield. First reading was given an Ordinance amending Chapter 17.56 (Automobile Parking Requirements) of the Municipal Code of the City of Bakersfield. Councilman Hosking commented that he had not realized the Planning Commission was the body that considered parking require- ments in the City, he has assumed it was the Traffic Authority, however, probably both of these bodies should start considering some sort of ordinance or repeal the present ordinance regulating parking meters as the Council expects to have the bonds paid off in about three months. Therefore, the Council should be prepared to act when the meters have been paid off. He stated he believes this should be referred to the appropriate administrative agency Bakersfield, California, September 16, ]968 Page for consideration, whether it is the Planning Commission, the Traffic Authority, or Mr. Bergen. Mayor Karlen asked Mr. Bergen if he cared to comment this. on Mr. Bergen stated he doesn't think any plans should be made to eliminate the parking meters, the only thing is when the bonds are paid off, many of the restrictions are removed. He thinks it is most necessary that they retain the parking meters, and it is not a point of revenue. There are areas where the revenue can be used, such as the downtown business area, he doesn't think the Council would want to take out the meters and take the funds from the downtown area. Councilman Hosking remarked that there were many council- men, including himself, who would like to see them eliminated. He would suggest that some thought be given to working on this, dr there might be a sweeping repeal of the whole parking meter program as it now eixsts. Many councilmen have had conversations with many people over the years on this, and he, for one, does not think the City should continue to depend on revenue from parking meters, al- though he sees nothing wrong with parking meters for traffic control. Mr. Bergen stated the administration had no intention of depending on revenue from the parking meters to be included in next year's budget. He has talked to the Traffic Authority on several occasions on this, and he has indicated that he certainly would not recommend that the Council eliminate the parking meters, that they keep the meters, he merely mentions that revenue available from the meters as a means of traffic control could be earmarked for the downtown area as it has been in the past. Mr. Bergen stated that the staff, in conjunction with the Planning Department and the Traffic Authority, could get together and have a report for the Council, but not within thirty days, they have several other reports they are working on. Mayor Karlen stated it should be done before December. Councilman Heisey agreed, stating they are undoubtedly going to have to keep meters for traffic control, but perhaps the merchants would like the privilege of renting the parking facilities during certain 258 Bakersfield, California, September 16, 11968 - Page 8 periods, and have free parking on the lots or uptown during Christ- mas shopping days, etc. He stated he does think some committee should study this and come back with a recommendation to the Council. Councilman Rucker commented if the meters are removed, he is of the opinion that there will be a parking problem that one exists in East Bakersfield business district at the present time. He thinks the meters are needed for traffic control. Mr. Bergen stated he would put this on the list for study by the Business Development Parking Committee so that a report will be made at least sometime before December. Approval of Electrical Extension and Service Agreement with P. G. & E. for service to facilities existing and to be installed in Lowell Park. Upon a motion by Councilman Vetter, Electrical Extension and Service Agreement with P. G. & E. for service to facilities existing and to be installed in Lowell Park was approved and the Mayor was authorized to execute the contract. Acceptance of Work and Mayor authorized to execute Notice of Completion for the installation of Traffic Control and Lighting Systems at Ming Avenue and Castro Lane. Upon a motion by Councilman Vetter, the Work was accepted and the Mayor was authorized to execute the Notice of Completion for the installation of Traffic Signal and Lighting Systems at Ming Avenue and Castro Lane. Hearings. This was the time set for hearing before the Council on an appeal by Robert J, Matsumoto to the decision of the Board of Zoning Adjustment denying his application requesting a Modifica- tion from an R-S1A(Residential Suburban - One Acre Minimum Lot Size) Zone to permit a reduction of the one acre minimum required lot area to less than one-half acre, on that certain property commonly known as 3404 E1Potrero Lane, and to allow counsel to testify on behalf of the applicant. Bakersfield, California, September 16, 1968 - Page 9 Attorney Gabriel Solomon representing Mr. Matsumoto, addressed the Council, stating that for those members of the Council who were not familiar with the matter, he would set out some of the background facts. Mr. Matsumoto purchased this piece of property, which is 220 feet wide and 160 feet deep, in the spring of 1966, at that lime the property was in the County. He anticipated that the property would probably be annexed to the City, all of the property surrounding this particular tract was in the City at the time he purchased the property and apparently the City, at that time, had taken some type of survey and had arrived at the conclusion that the residents in the area would consider annexation. Annexation was in the process, but far from being completed. Before purchasing the property, Mr. Matsumoto made a business judgment and assessment as to what was going to be the future of the property. He consulted with the Planning Department, he talked with people in the neighborhood, and he satisfied himself that this property in all probability was going to be annexed to the City. He also checked with the Planning Department and was told that the only zoning that existed in the City as of that time which would seem to fit this particular property, was the R-S, Residential- Suburban, zoning. It was the opinion of the persons that he talked with in City Planning, that the property probably would come into the City as R-S. He also inquired if he built on half of the pro-. petty and sold it off, and the property came into the City, whether or not he would be able to build on the remaining south half of the lot. He was told that if he came in with an R-1 or R-S zoning, that it would be permissible for him to build on the south half of the lot. Had this property not come into the City, had it remained in the County, Mr. Matsumoto definitely would not haw~ been able to do what he proposed to do at the present time. After purchasing the property, Mr. Matsumoto then applied for a building permit from the County, the permit did not specify where the house was to be built on the property, it. was a building Bakersfield, California, September 16, 1968 - Page lO permit to build one particular dwelling on the property. He then proceeded to build on the north half. At the time he buil~ this house, he put the driveway in for the south half, so Mr. Matsumoto was planning that this property would be annexed to the City and he would be able to build on the south half. There wasn't any skulduggery, he was making a business investment on the basis of an educated prognostication as to what was going to happen to the property. It turned out that his thinking was excellent, the pro- perty was annexed to the City. Be sold off the north half in September, 1966, the deed was recorded, reserving the south half unto himself while it was still in the County. He could not have built on the south half while it was in the County. He wasn't planning to stay in the County, it was his business guess that the property was coming into the City and that it would come in with an R-S zoning. There was no R-S1A at that time. However, an ordinance was adopted in November, 1966, which established for the first time in the history of Bakersfield an R-S1A zone, which described the minimum lot size for R-SiA properties. Although this ordinance speaks of a minimum lot area and although this ordinance was apparently tailored for this annexation, 90% of all of the lots in the tract are less than one acre. If the limitation of one acre is adhered to, most of the lots in the area are substandard. Later in May, 1967, the electien was held, the property was annexed to the City a.couple of months later. Be is not actually seeking a reversal of the decision of the Board of Zoning Adjustment. His first request has nothing to do with the decision that was rendered by the Board of Zoning Adjustment. It is his position that Mr. Matsumoto is entitled to the building permit which he sought, without any requirement of any modification. Therefore, that is his first request to the Council, that the Building Department be directed 1;o issue a building permit which Mr. Matsumoto applied for and was refused with the announcement that unless he obtained a modification, no building permit would be issued. Be is asking for reversal of the, decision of the Board of Zoning Adjustment only if the Council is '.261 Bakersfield, California, September 16, 1968 - Page 11 inclined to deny the request that a building permit be issued. He cited sections of the Municipal Code that permit annexation of less than minimum lots and their use. Mr. Solomon stated that on the question of what effect this would have on the neighborhood, he would point out that all of the surrounding properties are R-S1A properties, this property is wider, deeper than most properties, the south half of the lot is more than 7200 square feet which is the requirement for an R-1 lot, the home that he proposed to build on the property would not in any fashion detract from the overall appearance of the neighbor- hood. At the Board of Zoning Adjustment hearing, statements were made by the opponents that if Mr. Matsumoto could do it, anyone ceuld do it. The answer to this is that this fear is ungrounded. If the Council directed the building department to issue the permit without the modification, there would be no other situation that existed in the tract where anyone would have a comparable argnment. Mr. Matsumoto is not asking for permission to split his lot at this time, it would not set any precedent for permitting lot splits in the future, or lot sell-offs in the future, the whole basis of the action here is that when it came into the City it existed this:way. Favorable action on Mr. Matsumoto's application would not set any precedent that would permit any subsequent person in this tract to some in and say they wanted to split their lot because Mr. Matsumoto had split his lot. The lot had been divided befire it came into the City. Mr. Hoagland, City Attorney, stated that the staff disagreed on Mr, Solomon's interpretation of the ordinances, and that is the reason no building permit was issued. He stated Mr. Solomon doesn't have an appeal to the Council on a legal matter, he has an appeal to the court, primarily. Mr. Solomon stated he disagreed with Mr. Hoagland on his assertion that the Council is in effect, without jurisdiction to consider his first request by reason of the fact that he and Mr. Hoagland read a statute differently. One of the most appropriate 262 Bakersfield, California, September 16, 1968 - Page 12 matters that the Council considers is what did the Council mean when it passed the statute. He comes up with one conclusion, Mr. Hoagland comes up with another. The appropriate action for a citizen is to first come before the Council and present his case and to litigate thereafter as a last resort, only if it becomes necessary. After some Council discussion, Mayor Karlen stated that the opponents to the granting of the modification could now be heard. Dr. Charles H. Burger, who lives at 3406 E1Potrero Lane, in~mediately adjacent to the property under discussion to- night, stated he wanted to make one point clear, that it will be an economic loss if the lot next to him is split, and that is the only reason he is opposed to it. Mr. Gordon Newby of 2701 E1Caballo, Mrs. Walter A1- britton of 2611Planz Road, Mrs. Arthur Neumarkel of 3418 E1 Potrero Lane, Mr. Virgil Miller of 3401 E1Potrero Lane, Mr. Dean Johnson of 2708 E1Berendo, Mr. Lucian P. Amos of :3701 Mesa GrandE!, and Mr. Harold Tufts of 3714 E1Potrero, all expressed opposition to splitting the lots, or changing the character of the tract in any way, as they had purchased their property for the express purpose o~ raising livestock and enjoying the unique benefits of their large lots as they were set up originally. Mr. Geroge Barton of the Greater Bakersfield Chamber of Commerce, stated he was in charge of the promotional activity that was carried on prior to the Benton Park annexation. Most of the people in the area were against annexation, stating that they suspected the City would allow people to move in, subdivide and split up the lots in the area. Mr. Barton assured them this would. not take place, that the City would retain the character of the area as it was, and they should have no fear that this would change over the years. He reminded the Council that there was another annexation up for approval in November and there are large lots in that one too, and he would urge that the Council keep them. honest and help them keep their promises regarding lot splitting. 2',63 .Bakersfield, California, September 16, 1968 - Page 13 A petition containing the names of 35 persons in the area opposing the granting of the modification was filed with the Board of Zoning Adjustment, and Mr. Hoagland stated this petition should also be considered part of this hearing. In rebuttal, Mr. Solomon stated that the idea that the granting of this request would change the neighborhood is ridiculous. It does not set any precedent for changing the neighborhood. The house Mr. Matsumoto wants to build would be a real addition to the neighborhood. It is consistent with the policy as manifested in all the other statutes. 'There has been no violation of any county ordinance, whatsoever, by Mr. Matsumoto, he wants te make that clear, what he did was perfectly proper while the property was in the county. There is no restriction in the deed which would prohibit this. Mayor Karlen closed the public hearing fox' Council discuss- ion and action. Councilman Whirremote stated he has had a number of calls from people in this neighborhood on this hearing. The City has a definite obligation to the people in this area, as before annexatien they were promised city services which were attractive to them, but the main thing they requested from the City of Bakersfield was an assurance that the minimum lot size would not be disturbed. He thinks that the integrity of the City is involved in this as they were assured that the lots would not be split. This lot was illegally split in the County and therefore was not a legal let when it came into the City. He stated that he doesn't see how they can go against the people in this area, because it would influence people in other areas who are considering coming into the City. He therefore made the motion that the application be denied. After some further discussion, Councilman Vetter seconded this motion, and Zoning Resolution No. 211 denying application of Mr. Robert J. Matsumoto for modification of the land use zoning ordinance of the City of Bakersfield affecting that certain property as hereinafter described as zoned as an R-S-1A (Residential Suburban - One Acre Minimum Lot Size) zone, to permit a reduction of the one 264 Bakersfield, California, September 16, 1968 - Page 14 acre minimum required lot area to less than one-half acre, on that certain property commonly known as 3404 E1 Potrero Lane, was adopted by the following vote: Ayes: Noes: Absent: Councilmen Heisey, Hosking, Whittemore Rees, Rucker, Vetter, None Councilman Stiern Mr. Solomon asked the Council to hand down a clear-cut decision on his first request that the Council direct the Building Department to issue a building permit based on Mr. Matsumoto's legal property right. Mayor Karlen ruled that this request was out of order, and the Council agreed with this action. Adjournment. There being no further business to come before the Council upon a motion by Councilman Vetter, adjourned at 10:10 P.M. MAYdR of the meeting was the City of Bakersfield, Calif. ATTE ST: CITY CLERK and )Ex-~ficio Clerk of the Council of the City of Bakersfield, California Bakersfield, California, September 24, 1968 z~U Minutes of a special meeting of the Council of the City of Bakersfield, California, held in the Council Chamber~ of the City Hall at eight o'clock P.M., September 24, 1968. The Mayor called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend Arthur Bomers of the First Congregational Church. The City Clerk called the roll as follows: Present: Mayor Karlen. Councilmen Heisey, Hosking, Rees, Rucker, Stiern Vetter Absent: Councilman Whittemore Mayor Karlen announced that this special meeting was called for the purpose of reviewing proposed agreements between the Bakersfield Community Redevelopment Agency and the City of Bakers- field. City Manager Bergen commented he believed the proper pro- cedure would be to have Mr. Eugene Jacobs, special counsel, review and explain the proposed basic agreement with the Redevelopment Agency for the benefit of the Council. Councilman Stiern suggested that the City Manager apprise the Council briefly of the background steps taken as far as the Council and the Agency are concerned, to serve as a preview to this agreement. Mr. Bergen stated that the Resolution establishing the Agency provided that the City Council would furnish the staff and assistance to the Agency to explore the feasibility of proceeding with the actual project. The Council approved $5,000 placed in the City Attorney's budget to retain experienced counsel, familiar with the planning and undertaking of redevelopment projects, and the City entered into an agreement with Mr. Eugene Jacobs, who has worked with the City Manager, the City Attorney and the Agency and has been providing advice to the administrative staff. It is necessary that the Council understand the basic agreement which is being presented here tonight which outlines the principle by which the Agency would operate and would delineate the areas for which the Agency and the Council are responsible. 266 Bakersfield~ California~ September 24~ 1968 - Page 2 Mr. Jacobs has prepared this agreement and has gone several steps further~ he has prepared recoramended By-Laws for the Agency and several other agreements which he believes follow the intent of the Council. At the last Redevelopment Agency meeting the agreement was reviewed and approved in principle by the Agency and they asked the City Manager to submit the agreement to the Council for its consideration before it was actually adopted. The Council as a Committee of the whole set up a special meeting for the purpose of discussing the principles and philosophy of the basis on which this agreement was drafted. He suggested that before any action was taken~ Mr. Wilbur Rickett, chairman of the Redevelopment Agency, who was present in the audience~ be asked for his comments. Mayor Karlen asked Mr. Rickett if he cared to speak before the agreement was reviewed~ and he stated his comments could be made later. Councilman Stiern commented that this is an extremely important document and a thorough understanding of this agreement should be arrived at by the Council tonight so that at some later date no one can say he did not realize the intent or did not agree to certain provisions in the agreement. He therefore proposed that Mr. Jacobs explain the agreement paragraph by paragraph. Mr. Jacobs stated that one of the fundamentalSproblems that has existed in redevelopment over the years is whether or not a city ought to do redevelopment itself or allow it to be done by an outside independent agency. Bakersfield chose to create an Agency. His understanding was that a relationship should be created here, between the City and the Agency, in which an indepen- dent Agency operating separate and distinct from the City Council and operating separate and distinct from the City administration, would not be created. This agreement also takes into account the relationship between the City Manager and staff personnel and the agency staff personnel. Also throughout the Redevelopment project, there will be various times when the City will be giving either financial Bakersfield, California, September 24, 1968 - Page 3 '267~ assistance or assistance through loans, or assistance through ser- vices of the City staff, use of the City Hall, possibly the office of the Agency will be here, all of this must be worked out ahead of time if the Council desires to benefit the greatest from the financial standpoint of the City. The law provides that the City can make loans and create a debt from the Agency. When the Agency does run a project, it obtains financing in the project itself, and then can pay the City back, so this money which is given out in either direct financing or in services to the Agency from the City, all of these funds can be repaid to the City. This agreement and other agreements following it, are attempting to create the proper relationships to allow the greatest benefits to the City. There will be two subservient con- tracts to be considered later, one for city services to be supplied to the Agency, the basis on which they would be supplied and the basis on which the City would be repaid by the Agency. There should also be a basic lease entered into for the use of City property, in which lease payments would be developed to be paid immediately, if there is money in the Agency, or to be repaid when moneys did become available from the basic financing of the project itself. Mr. Jacobs then proceeded to review and discuss the basic agreement, answering questions of the Council. Councilman Hosking asked Mr. Jacobs if he felt it was necessary that this agreement be irrevocable as stated on Page 4, that he was thinking of having a certain term set out in the agree- ment. Mr. Jacobs stated it was done this way to protect the City because the Agency in this agreement is giving up certain powers. The idea of this was based on what he and the City Attorney thought was a desirable relationship. This contract does not do anything to create any longevity, there is no intent to do that. Mr. Hoagland, City Attorney, stated that the philosophy of establishing the Agency, as he understood it, was to have a close relationship between the Agency and the City Council and also a Bakersfield, California, September 24, 11968 - Page 4 certain amount of control of the Agency which the Council would not otherwise have if they simply created an Agency. In some cities, the Agency works in such a fashion that the Council has little or no control other than being a rubber stamp for whatever the Agency wishes to do. In all the background material, it was his understanding that the Council did not want the Agency to operate independently, and as discussed with Mr. Jacobs prior to his developing the contract, they wanted the controls in this agreement and they have been put into the agreement. Also, if a term was put on it, these controls would no longer be in effect and there could be this separation of the Agency from the City Council at the end of a particular term. That is the reason why it is made irrevocable until mutually changed. Circumstances may develop in which this agreement maybe changed on the request of either the Council or the Agency, and it can be, if both agree to it. Councilman Hosking, Mr. Jacobs if in his best judgment, as an expert, thinks this is the best way it should be handled for the interests of the City. Mr. Jacobs replied that it is considering what the Council wants to do. In light of what he understands the Council wanted, he thinks this is the way to handle it. He stated that Alhambra has an agreement just like this. Councilman Hosking complimented Mr. Jacobs on the well- drafted wording of Provision C, Section 203, Page 5, City Council Ultimate Policy Maker, stating that he would like to assure the rest of the Council that this is what the Council wanted at the time it was first discussed. This is one of the most important paragraphs in the entire contract. He stated he was very glad it is in this agreement and that the Redevelopment Agency wanted it in this agreement, as he thinks it will be very helpful for both the Council and the Agency. Councilman.Stiern stated he had a question for Mr. Jacobs before adopting the agreement. On page 8, relating to Section 302 ')69 Bakersfield, California, September 24, 1968 - Page 5 ~ and Section 303, on Funding. At the time the Council took action to create this Agency, they made it very clear that this was an enabling procedure and not a funding procedure, and in no uncertain terms the proponents of the Agency assured the Council that they needed a vehicle to work under, that the Council could provide them. with a legislative adoption of such a vehicle which would make such an entity possible, and that it was their intent to finance the Agency and its funding. He asked Mr. Jacobs if these sections, as outlined, make that philosophy crystal-clear, and is it still quite evident that that is the intent. Mr. Jacobs stated it would, in fact if these Sections were taken out, nothing would be lost. He suggested the insertion of the words "if appropriate" after the word "will" in Section 302. After Council discussion of this suggestion, it was agreed that these words should be added to the agreement, and Councilman Rees moved that the agreement be modified as proposed. Councilman Heisey stated he would like this agreement modified to real "will, if appropriate, in the opinion of the City" in both Sections 302 and. 303. Council- man Rees accepted this modification, and the motion carried. Councilman Stiern addressed Mr. Jacobs stating that the Council probably will not have too many opportunities to discuss these matters with him at will, and at the risk of sounding like he is belaboring a point, again stated it was the intent of the Council in establishing this Agency to create a self-help, area-type improvement project that would not encumber the entire City of Bakers- field. It was not the intent of the Council to encumber the residen- tial property owners to improve the downtown business district. He asked Mr. Jacobs, if, in his opinion, this document as outlined to the Council, safeguards this philosophy. Mr. Jacobs replied that it neither safeguards nor hurts it, that the Council can go either way it wants to. If the Council is asking has it created an irrevocable document, his answer to this is no, it does not create that situation. 270 Bakersfield, California, September 24, 11968 - Page 6 Councilman Stiern asked if this agreement is a document that creates a downtown improvement district, self-help improve- ment project, in itself. Mr. Jacobs stated not with this document, that can be done on a project by project, a basic agreement. Mr. Wilbur Rickett, problem by problem basis. This is chairman of the Redevelopment Agency, addressed the Council, stating that the Council carl see by this agreement that the Agency is desirous of a very close relationship between the Agency and the City Council and working with,the staff of the City. The Agency has done a lot of work under no direction., and they have been very anxious to get to the point where they had a working agreement and a chance to work. There are other things to discuss with the Council tonight, but he stated this can be done after the agreement is adopted. Councilman Hosking then moved adoption of the agreement as amended and that the Mayor be authorized to execute the same on behalf of the City. City Manager Bergen stated they have discussed this with Mr. Jacobs and there is another amendment that should be made to the agreement. Mr. Jacobs stated that the City Manager had suggested that on Page 6, Section 305, the words "day to day" should be deleted. Councilman Heisey moved that this amendment be approved, which motion carried. Vote was then taken on Council- man Hosking~s motion to adopt the agreement as follows: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, ¥etter Noes: None Absent: Councilman Whittemore Mr. Rickett again addressed the Council stating that the Downtown Business Association has submitted a report.to the Council entitled "Downtown~Bakersfield Renewal", which report was prepared by a team of specialists and paid for by the Downtown Business Association. To a certain extent the Agency has followed on with the group who started this report. Mr. Jacobs wrote the legal opinion, and they have been in touch with the economists who worked on the projects in the report and they have asked the consultants to prepare, in outline form, the next steps for gathering information and making contacts to take advantage of the opportunity for a major regional-size retail outlet to be redeveloped in the downtown area. The report from the Downtown Business Association in effect said there will be available in this area by 1973-75, a market that will support another regional center. The Agency feels that the next step is to pursue the path of getting to the necessary checkpoints, one at a time, to promote and take advantage of this opportunity. Larry Smith & Co., Inc. made the economic study for the Downtown Bakersfield Renewal report and they have set up a format that is in their opinion, the development process that the Agency should now enter into. They have prepared a schedule and have priced it. He then introduced Mr. Jim Bryant, vice-president of Larry Smith & Company, who gave his presentation of a proposal fox' development/ consulting services to the Redevelopment Agency of the City of Bakers- field. Copies of this proposal were given to the.Council. Referring to his proposal, Mr. Bryant stated that Phase I is the Packaging and Programming of the Development. It is really the check phase, they know from a marketing and a physical and planning program what is contemplated in downtown Bakersfield can be done. There is an adequate market to support the type of pro- ject which is contemplated, which is in excess of one-half million square feet of various types of commercial space. They are satisfied from a physical standpoint, that it can be accommodated within certain limits, however, this must be checked out and the limits established legally. It is something that the Council will have, to act on to actually establish the boundaries. At the conclusion of Phase I, they will have accomplished enough so that they definitely are satisfied that they now have a project which would and should go into the subsequent of the phases of the development process. There is a high degree of probability that it should be a reality, or alternatively, that it should be abandoned or modified drastically and perhaps go in another direction. 272 Bakersfield, California, September 24, 1968 - Page 8 The activity areas with which they would be concerned during Phase I would be heavy involvement of the architect/planner, the City staff would be heavily involved, as consultants they would be heavily involved. In conjunction with the project co- ordinator, contacts with department stores would take place, so that by the end of the phase they would see that there is an intent by the City to go ahead with something in this project, if some- thing can be done. They would hope that they would have letters of intent from the department stores. If things went poorly, they could elect to abandon the project, or reorient it, but this is definitely a time of decision. It is the time of decision which follows roughly four to six months work. They are merely identifying the things which must be done, but have not said who should do them. At the request of Mayor Karlen, Mr. Bryant discussed all the phases outlined in his letter, estimated the total cost for each phase to the Agency and to others, and explained the methods for funding the projects. He stated this program generally identifies things which must be accomplished, generally identifies the time period it would be expected them to take, the types of people who would be involved and the types of cost that would be incurred, and the sequence. They are primarily, however, con- cerned with Phase I, this must be gone through before they know whether they have a project, and how the Council wants to proceed with it. Mayor Karlen commented that the total cost for the time period outlined in this proposal of eight to fourteen months, is between $135,000 and $170,000, and asked Mr. Bryant if this was what he had referred to earlier in his presentation as "front" money. Mr. Bryant stated that this is exactly what he referred to. This "front" money or "risk" money, to initiate the redevelop- ment project is the greatest problem facing the Agency, this money will be repaid to the lender if the project is developed. Until this has been spent, they do not know whether the project will go, at this time they run the risk of either abandoning the project or redirecting their efforts. He stated that their proposal is '2? 3 Bakersfield, ~alifornia, September 24, 1968 - Page 9 specifically directed toward a commercial complex. Complete flexi-- bility must be left to accomplish whatever else the community wants to accomplish. Also planning of this commercial complex is not done in a vacuum. There is a very high degree of coordination necessary between the Agency and the City, the City Planning l~partment, the City Staff, is really going to be doing a considerable amount of the work,~ or at least will be very heavily involved in it. Councilman Heisey, stated he presumed this was just presented to the Council for its information tonight, that they were not expected to make any decision on it. He asked Mr. Jacobs what his comments were on it, if he had evaluated it in any way. Mr. Jacobs stated the only overall comment he would like to make is that he thinks the chances of going local with a bond issue, in the sense that it has been done before, is almost impossible. Redevelopment bonds are a very costly way of financing a project. The people he is working with are trying to go insurance company or bank. Bonds are the least likely to go and the most costly. He stated that the costs outlined by Mr. Bryant were only consultants' costs, not the staff's costs. But the real problem in a redevelopment project, regardless of whatever appears in the proposal by Larry Smith & Company, is getting the working capital. The ultimate costs will work out, but the real problem is getting the working capital which can run from 7 to 8 million to 15 million, which is necessary to make a project fly. That is the issue you must get to cheaply and quickly. Mr. Bryant agreed with Mr. Jacobs that thebond financing is not only expensive but it is very difficult also. He stated he did not think it was going to be easy to get money for this project, he thinks it can be done because it has sufficient merit, depending on how it is put together. If it is not put together right, regard- less of how big the market is, it won't fly. On the other hand, it 274 Bakersfield, California, September 24, 1968- Page l0 can be marginal and property put together andbe.adequately financed as a desirable real estate investment and a very desir- able.asset to downtown. This is not the biggest market that he has ever worked in, it is semi-marginal in a market situation, but it is adequate and it will work from the standpoint of the major tenants. This much they know, because they have looked at it very carefully, and they know the major proposed tenants, Penney's and Brock's, and have some understanding of their needs. Penney's have been their client off and on for years, a very big client. With this kind of association, they have a pretty fair idea of what the market will do, improperly handled~ it won't fly, properly handled, it can be done. Be does know there will be financial problems encountered. Mr. Jacobs stated that in none of his reports has he ever used the words "tax increment bonds." Be had been suspicious of tax increment bonds for a long time. That doesn't prevent tax increment financing. The really crucial problems to redevelopment is a method to convince an insurance company or bank or something of this sort, that .they ought to lend money to this type of public financing the same way they do to private financing. That is the crucial problem in making the project fly without the federal government being involved. What the federal government really supplies is working capital. Grants are nice to have, but they can make it without them. It isn't as much business risk if they have a grant, but the real crucial thing is the fact that guaranteed loans can be obtained through the federal government to buy the land, and that is the big cost. If a loan can be obtained from the federal government or from an insurance company based on tax increments, that is where the first attention really has to go to find out in a project such as this one, where the increase in tax increments is not going to be that great, whether or not there is public financing available. Councilman Stiern remarked to Mr. Bryant that using his figures of time and money as set out in his proposal, he forsees a period of about 14 months for these two phases, and a possible expenditure of some $135,000. Be is not the only Councilman who would like an answer to this, where is this money coming from? Bakersfield, California, September 24. 19~8 - Page 11 t275 Mr. Bryant stated this is a question he would have to refer to the Agency. He has some ideas, but it would be getting into policy. Earlier, the Council was specifically discussing the setting up of a self-help agency and establishing the legal frame- work by which this entity was created and could do certain things, that presumably it would, but hoped that it wouldn't:, cost the City any money. That the.people who were interested in it, presumably the downtown people would finance it. This is one way it could be financed. Another way is completely through the use of City funds and City personnel. It seems to work where there is coordination between the elements in the City who want to accomplish this and the City itself. In his opinion, there definitely must be some coramitt- ment on the part of the City going beyond merely establishing a legal framework by which the Agency can function. However, this would be better coming from someone else, as this is out of his element. There are a number of variations on this, but he will not go into it. Mr. Rickett stated what they hoped to accomplish here to- night was to give the Council an idea of what work had to be done, what the time element was, and what it was going to cost. If the Agency is going to proceed with this project, whether it is exactly in the detail as presented here, this is a starting point. The Agency is going to have to have funds made available to it so that it can go into an operative program. Certainly, the City is the most likely possibility to get this money from so that the Agency can operate. Councilman Stiern commented that they discussed .another possibility some months ago of an increased special tax rate for the business area involved. Certainly, that would be another possibility. Mr. Rickett replied that he was not aware of that, what generates the funds or what method is used to derive the revenue. The Agency has been given an opportunity to do something. So far, with the exception of payment for the services of Mr. Jacobs, no other expenditures have been made. They are getting down to the ')76 Bakersfield, California, September 24, 1968 - Page 12 point, as far as timing is concerned, if they are going to serve the wishes of the Council, if they are going to act as a Redevelop- ment Agency, they need some means to act with. And just what the proper procedure is to enter into disucssions and to investigate possibilities, he doesn't know, but they are going to have to have some funds from somewhere to operate. Councilman Hosking commented to Mr. Rickett that they had to face a few facts. The Council was assured by the downtown businessmen that if they only had the vehicle, which they now have, they could start. He asked if this had been communicated to the downtown businessmen so that they could transfer some funds to the Agency bank account so that they can function. Mr. Rickerr stated as far as he knows it has not been communicated to them. He thinks from the Agency's viewpoint, they were given a job to do by the City. They are not going to be able to operate without finances. He appreciates the opportunity given them tonight to enter into this discussion. They will have to~ follow it up and see if there isn't some common ground on which they can operate that is agreeable to everyone, certainly under the agreement, they have proposed a relationship with the City that is agreeable. The Agency is ready to go, they are looking for the means to go with. City Manager Bergen suggested that since so many times it is difficult to get the whole Council together to devote the time needed to discuss this, that the Council formally designate the Budget Review and Finance Committee as the committee to discuss; procedures, and this would allow communication between the members of the Council and the Agency to discuss these problems and bring a report back to the Council. Councilman Hosking and Councilman Heisey both stated they agreed, that it was a spendid idea and a workable solution. Councilman Hosking then moved that the matter of the Redevelopment Agency in its entirety be referred to the Budget Review and Finance Committee for further report. Vote was taken on the motion which carried, Councilman Stiern voting in the negative. Bakersfield, California, September 24, 1968 - Page 13 277 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Heisey, the meeting was adjourned at 10:35 P.M. MAYOR of the City of Bakersfield, Cali£'. ATTE ST: CI CL~ and ~ ci Terk of the Council of the City of Bakersfield, California 278 Bakersfield, California, September 30, 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. September 30, 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 Absent: Councilman Whirremote and presented. Minutes of the regular meeting of September 16, 1968 the special meeting of September 24, 1968 were approved as George F. questing appropriate action regarding a break in the divider on South "H" Street south of Julian Avenue and other access to the commercial property west of South "H" Street and south of Julian Avenue. fronted with Scheduled Public Statements. Mr. Bruce Bunker, attorney representing his client, Mr. McCourry, addressed the Council for the purpose of re- Bunker pointed out that the problem they are con- is access to the improvements which are on the properl~y at the present time and the contemplated improvements. Immediately south of Julian Avenue, there is a large convalescent hospital. Mr. McCourry is just about ready to commence the further improve- ment of the property by putting in a large medical clinic between the hospital and South "H" Street. Future development of the balance of this eight acre property includes the construction of either another convalescent type hospital or a small general hospital immediately south of the existing structure. To the south of that, there will be further medical buildings of some type, either convalescent homes or rest homes, that will be related to this general operation. In connection with this improvement, a street will be constructed immediately south of the existing hos- pital to give access to South "H" Street. With the buildings that are either constructed or soon will be in the northern half of this parcel, there is no access to the south part of the parcel 279 Bakersfield, California, September 30, 1968 - Page 2 except to go through what is going to be a little more than a parking lot to serve the northern-most buildings. The problem is one of a break in the divider. The only breaks in the divider that are currently provided for are one at Julian, one just south of the railroad yards near the Kamprath seed yards, and originally, one was scheduled at White Lane. In discussing this matter with the City Manager and the City Engineer's office, Mr. Bunker understood that the City has established a policy of not allowing more than three breaks in this distance, or some six hundred feet between breaks. However, this policy has not been followed to the north, in his own count of the number of breaks from Planz Road to Brundage Lane, there are as many as six breaks in any half mile, instead of the three that the Engineering Department would like, and yet in this half mile there would only be the one break at Julian and no access to this parcel of property so far as northbound traffic is concerned. Any north bound traffic wanting to get into this property, must go clear to Julian, make a U turn, come back and then take the access road into the property. Northbound traffic departing from this property, must take a right turn, cross the tracks down to the Kamprath location, and then make a U turn and go back. This would seem unreasonable and not consistent with the flow of traffic which will develop from this hospital complex. He asked consideration of the Council in reviewing the situation and if possible, grant permission for the break in the divider to be installed. City Manager Bergen stated he would agree with some of Mr. Bunker's statements, but he would disagree that this would be a consistent policy. He pointed out to the Council that for the last five years at least, divider island breaks have not been allowed for individual property owners or developers unless they would generally fit into a critera. The first general critera for a left turn slot for new construction would be 660 feet, this is the breakdown of a mile, an eighth of a mile. The second requirement is that when building a divider island, they try to restrict the existing streets unless they are able to provide an alternate distance. The third requirement is that sometimes, because of the unique location or 2S0 Bakersfield, California, September 30, 1.968 - Page 3 position of a piece of property, it is necessary to permit a break at either four or five hundred feet. They don't like to do it, but sometimes it is permitted. The Council has not departed from this policy of not allowing a left turn slot for new development, unless it would fit into one of these critera. The staff has had several discussions with both Mr. McCourry and Mr. Bunker and have explained that this break does not fit in. They have received many requests for left turn slots into private property, subdivi- sions, commercial developments and this type of thing, but they are not granted unless they fit into the critera, also they do not feel that these left turn slots are safe. They are contrary to the City's policy, its basic policy, which the staff has tried to leave flexible enough to take care of unique situations. The City Manager referred to the request for a left turn slot at the Benton Park Shopping Center and advised that an agree- ment had been reached with the tenants to put it approximately in the center of the shopping center which seemed to satisfy every- one. Mr. Bunker commented that if the policy argued by Mr. Bergen is allowed to stand in this particular case, it will be the only exception to the rule of a break in a divider to serve an access street, and he sees no reason for that policy to be used in this particular situation. Mr. Bergen has indicated that he feels 660 feet are necessary, and yet even on South "H" Street, there are much shorter distances with apparently no traffic pro- blem, at least none that would require the engineering staff to close off these streets or not have a break in the divider to serve them. The same is true on Union Avenue, on Columbus Street and on other locations. Especially in view of the use that is contemplated here, his client feels that a break is necessary. Mr. Bergen has stated that two breaks would be proper between Julian and White Lane if it were not for the railroad tracks. Oddly enough, the only break south of the railroad tracks falls right next to the Kamprath yards. This break is not a public use of the type that is contemplated here. The point that his client has suggested is a point as remote as he can get from the rail- road tracks to the north and still serve the area that he has in mind. Bakersfield, California, September 30, 1968 - Page 4 281 He therefore feels not only because of the type of con- struction, and the use contemplated, but also as far as the rail- road track is concerned, it is a logical place for a break. Councilman Stiern commented that he did not think it was anyone's intention to have a full scale hearing on this tonight, and in essence they are approaching that. He therefore moved that the matter be referred to the Planning Commission for a hearing at their regular meeting to be held on Wednesday, October 2, 1968, and for recommendation back to the Council at its next meeting. This motion carried unanimously. Mr. Bunker pointed out that they were in the process of pouring cement down there now, however, they would be happy to present their case to the Planning Commission with the hope that they can anticipate a favorable decision. Mayor Karlen announced that if anyone present wished to comment on the proposed ordinance amending Chapter 17.56 of the Municipal Code of the City of Bakersfield pertaining to Automobile Parking requirements, that Mr. Heisey at the Caucus meeting had requested that action on this ordinance be deferred. Councilman Heisey then offered a motion that this ordinance be referred back to the Planning Commission for additional study, particularly of Sections 17.56.140, 17.56.150 and 17.56.170. He feels it would be appropriate for the Commission to notify all interested parties that they can present any new information for consideration in discussing these points, as he understands that there is additional information to be presented for study and possibly in two weeks a report can be made to the Council for its consideration. This motion carried unanimously. Correspondence. Mayor Karlen read a communication from Mayor Edmiston of Tehachapi, stating that the death of Police Chief Mantoth as a result 282 Bakersfield, California, September 30, 1968 - Page 5 of gunshot wounds received while serving a warrant for arrest, has made it apparent that the current problems of civil disobedience, lack of respect for law and order and the present trend of the courts to protect the constitutional rights of criminals to the exclusion of the constitutional rights of the citizens, has strengthened his belief that something must be done to recapture the significance of a policeman and to strengthen his position. He has requested Assemblyman Kent Stacey to propose a bill before the State Legislature that would require a minimum sentence of five years for the conviction of any person who commits a battery with deadly instruments or inflicts great bodily injury upon the person of a peace officer or fireman when engaged in the perfor- mance of their duties. Councilman Heisey commented that at the last meeting of Kern County Cities this was presented and it was unanimously adopted that the Mayors of the associated cities address letters to their representatives endorsing the proposal of the City of Tehachapi. He made a motion that Mayor Karlen contact Assemblyman Stacey and convey these views to him. This motion carried unani- mously. Mayor Karlen called attention to a letter he had just received from Mr. Allen E. Pritchard, Jr., Assistant Executive Director, of the National League of Cities, acknowledging receipt of Bakersfield's resolution regarding labor-management disputes which the Mayor had submitted for consideration of the appropriate committee of the National League of Cities. This Resolution was referred to the Steering Committee of the League's National Com- mittee on Municipal Government Administration at its meeting in Dallas, Texas on September 17th. This Committee was in the process of reviewing current National Municipal Policy within its jurisdiction and specifically:, the matter of labor-management relations. The Committee considered Bakersfield's Resolution and unanimously concluded 'that the actions of the cities which passed Resolutions relating to the current labor dispute in this area were Resolutions dealing with public 283 Bakersfield, California, September 30, 1968 - Page 6 policy of a broad nature and were not specifically directed to the City of Bakersfield. The point was raised that a Council of another City might conceivably pass a Resolution calling for the automotive industry to install certain safety equipment on automobiles and a City which included within its jurisdiction an automobile manufactu- ring plant would contend that such action could raise the price of automobiles and subsequently reduce the market and employment in this jurisdiction. The Committee could see no end of NLC review of actions of this kind and therefore decided to recommend that the Resolution be included in National Municipal Policy. According to procedure, the Resolution will, nevertheless, be submitted to the Full Committee on Municipal Government Adminis- tration when it meets in New Orleans on December 8th, and the Mayor is certainly privileged to appear before the Full Committee in support of the Resolution if he cares to do so. It will be necessary for a majority of the voting delegates to consent to take the matter up at that time, and it will be necessary to secure a two-thirds vo. te for approval. Mr. Pritchard stated he would be happy to meet with the Mayor when he arrives in New Orleans and discuss these procedures in detail and be of maximum assistance in assuring him of full utilization of all of the appropriate procedures. Councilman Hosking moved that the letter be received and placed on file and he suggested that the City of Bakers£ield's resignation be tendered to this organization which appears to him to serve no useful purpose to this City. Mayor Karlen commented that he would suggest that the resignation not be submitted until he had appeared before the Full Committee at the annual business session in New Orleans and see what action is taken on the Resolution. Councilman Stiern suggested that Mayor Karlen send a copy of the letter received from the National League~of Cities to Senator Hugh Burns and his "Committee of lOO0", which has been formed with the express purpose of defeating Hubert Humphrey and Alan Cranston for office because they are supporting a nationwide boycott of Bakersfield, California, September 30, 1968 - Page 7 California grapes. Vote was taken on Councilman Hosking's motion to receive the letter and place it on file, which carried unani- mously. Mayor Karlen stated he will forward a copy of the letter and Resolution to Mayor Clifford Loader of Delano. Council Statements. Councilman Stiern commented that he had been approached several times on the matter of access to the City Hall building. It is not difficult to walk into the City Hall, use the stairways or elevator, but it has been pointed out to him that it is almost impossible for anyone in a wheelchair to enter the City Hall to conduct business. He requested City Manager Bergen to study the matter and see, if for a nominal sum, a stairway in the City Hall could be modified into a ramp. Mr. Bergen stated there is a standard for any public building constructed now to provide this type of access, he will look into it, and report back to the Council. Mayor Karlen called attention to a singing group of young people called "The Things To Come", who will be performing at the Harvey Auditorium on Saturday. He feels that this group should be complimented for promoting clean fun and for singing songs without objectionable lyrics. Reports. Councilman Rucker, chairman of the Business Development & Parking Committee, read the Committee's report of its study of the classification structure and other pertinent matters set forth in the Business Promotion District Ordinance. The Committee met with the administration staff, along with Mr. Lee Noble of the Downtown Businessmen's Association, and determined 'that the majority o~ objections and inequities of the Ordinance's classification structure was within Class III and in some instances, Class II. After careful consideration, the Committee recommended that Section 6.50.050 of the Ordinance be amended to eliminate Class II and that Class IV become Class III, and that the following 285 Bakersfield, California, September 30, 1968 Page 8 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 Committee suggested that when the City's Business License Ordinance is evaluated and possible revisions made, this Ordinance be re-evaluated in light of changes that may be made. The Committee recommended that 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. The Committee further recommended that 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. The Committee recommended that Mr. Lee Noble be appointed as an interim liaison between the City Council and the Downtown 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 Hosking pointed out that when the report was made up by eliminating Class III, it eliminated all the professional people who would have been paying three times their business license fee, which seemed to be the major objection. By putting them on a one-to-one basis, they were assured by Mr. Noble that it would not have any effect on the income for the business promotion district. 286 Bakersfield, California, September 30, ].968 - Page 9 He asked that the report be approved and the ordinance adopted tonight, and that the Resolution establishing the District not become effective for thirty days, which would be the s~me time as the ordinance would go into effect. Councilman Heisey stated it was not clear to him and asked what class the professional people would be placed in and what fee they would pay. Councilman Hosking explained they would not be in any class, and under the present business license ordi- nance, they would be paying exactly the same this July 1st, the promotion district would not affect another. July 1st as next them one way or Councilman Heisey asked if this wouldn't substantially reduce the revenue and Councilman Hosking replied that in their discussion with Mr. Lee Noble, he did not seem to think that it would. City Attorney Hoagland stated he would like to clarify the ordinance. It may have been the desire of the Committee to eliminate the professional people altogether, but if so, that has not been done. The professional people were simply dropped out of one class and put into another class which would pay one times the ordinary business license. Councilman Hosking remarked that if that is how the ordi- nance reads, he feels the whole thing should be reconsidered, because the whole theory of it was that the professional license fee would not be increased in any way, as these people derive no benefits from the promotion district. This was his understanding at the Committee meeting, and if this wasn't done, there was a lack of communication somewhere. Councilman Rees commented it was his understanding at all times during this Committee meeting, that no one who was now subject to a business license would be exempt from :further taxation. In other words, the best that anyone could get under this recom- mendation would be an additional one times his current license, that was the way he has understood it all along. Councilman Rucker stated that was his understanding also, he thought the idea was at the time of the Committee meeting, to delete the professional people from one class where they paid two or three times their present fee, into a class where they would pay one times the present fee. Councilman Stiern commented that the objection raised by the people in the professional category at the night of the hearings, was that the promotional district would help those persons who were engaged in various types of merchandising in the downtown area, but would not help the professional people in any way, and in fact would not serve the downtown area as far as the people in those categories were concerned, because it wasn't necessary to maintain their offices within the promotion district. He doesn't think that this report, as it has been clarified, meets that dissatisfaction or the protests at all. He thinks it would be a better revision, if these professional people were required to pay only their business license and did not pay any business promotion district tax. If it stays the way it is., he is fearful it will just serve to empty the offices in the down- town area of the people in the professional category. Councilman Hosking agreed with this, he doesn't see why they can't eliminate Class III altogether, it is a dangerous catch- all. After considerable Council discussion, Councilman Heisey remarked that in view of the fact that the Committee making this report was confused about what the intent was, he would move that it be referred back to the Committee for additional study and report to the Council in three weeks with their recommendations. This motion carried unanimously. Upon a motion by Councilman Stiern, the continued public hearing before the Council of the City of Bakersfield on the estab- lishment of a Business Promotion District with a modification of boundaries was again continued for three weeks to conform with the presentation of the report by the Business Development and Parking Committee. This motion carried unanimously. Councilman Vetter asked what type of enforcement policy was pursued by the City to impose a business license for out-of-town residents doing business in the City of Bakersfield. The business license is issued from the office of the Director of Finance, and Mr. Haynes pointed out that the City of Bakersfield does not carry out as vigorous a campaign on licenses as other cities its size, as it is done with a very limited staff, but with the cooperation of citizens. They have one man who works part time searching for this 288 Bakersfield, California, September 30, 1968 - Page 11 type of unlicensed business in the field, and competitors will call in and report a person operating without a city business license and they go out and try to find them. At the present time they are in the process of reviewing business licenses, also reviewing the enforcement program. They are contemplating asking the Council to make some changes in the outdated business ordinance, which would make it easier to enforce. If all the cities in the County would cooperate, out-ofrtown businesses would like.to come into a business community and obtain a reciprocal license with all the cities in the County. They don't mind paying a sizable license fee if they can buy one license to do business in all the cities in the county. This is one area they would like to see improved, but it would mean getting the cooperation of all the other cities. It can be a burden to the people doing business in the community, it is a two-way street really, and his office tries to walk the line of maintaining a good business climate .and getting the job done on the business licenses as well. This is something they are studying at the present time. Councilman Heisey, chairman of the Water and City Growth Committee, reported on a meeting with the City Manager to consider several requests of the Transit Division. These requests involved the alteration of the current fare structure and the Committee made the following recommendations to become effective October 15, 1968; 1. Eliminate the "Stopover Pass" now provided by the Transit System 2. Continue use of the "Save A Ride" Pass 3. Special school fares of 15% be restricted to the 12th Grade and below The Committee feels these recommendations, while not of major importance, will certainly act to improve the revenue some- what, and as the Council is fully aware, at present, the Bakers- field Transit System operates at a deficit mainly due to the fact that the City is providing transportation for the entire metro- politan area, although it receives no consideration or reimbursement Bakersfield, California, September 30, 1968 - Page 12 from the two-thirds of the area outside the corporate limits. The Committee will continue to seek ways in which the City can establish a sound policy for the operation of the transit system and keep its subsidy to the unincorporated area at ].east to a minimum. After considerable Council discussion, Councilman Heisey moved adoption of the report, with Councilman Rucker voting in the negative on this motion. inclusive, Approval Committee, payment of same. Allowance of Claims. Upon a motion by Councilman Rees, Vouchers Nos. 880 to 1074 in amount of $127,390.12, as audited by the Finance were allowed, and authorization was granted for Action on Bids. Upon a motion by Councilman Vetter, low bid of Graybar Appointment of voting representative and alternate voting delegate to attend the business session at the Annual League Conference in Los Angeles. The Council unanimously designated Councilman Richard Stiern as voting representative of the City in matters affecting municipal or League policy at the business session of the Annual League Conference in Los Angeles, October 13-16, 1968. Councilman Heisey nominated Councilman Vetter to act as alternate voting repre- sentative. Councilman Hosking moved that the nominations be closed, and the designation of Councilman Vetter was approved unanimously. the contract. Electric Company for Miscellaneous Electrical Componen%s was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Heisey, big bid received from St. Joseph's Church for certain surplus real property described as Lots 15 and 16 in Block 58, Bernard Addition, in amount of $1,750.00 was accepted, and the Mayor was authorized to execute Grant Deed for conveyance of this property. Upon a motion by Councilman Rucker, low bid of William H. Schallock, Inc., for construction of a Sanitary Sewer in Montclair Drive between Stockdale Highway and Marella Way was accepted, all other bids were rejected, and the Mayor was authorized to execute 290 Bakersfield, California, September 30, 1968 - Page 13 Mayor Karlen stated he would act as the City's repre- sentative on the Sister City program to be held October 13, 1968 in Los Angeles. Councilman Heisey moved that Mayor Karlen be designated to act in this capacity. This motion carried unanimously. Action deferred for one week on appoint- ment of five members of the Board of Charity Appeals and Solicitations. Action was deferred £or one week on appointment of five members of the Board or.Charity Appeals and Solicitations whose terms expired October l, 1968, to allow the staff to contact these people relative to serving on the Board for another term. Adoption of Resolution of Intention No. 834 of the Council of the City of Bakers- field, California, declaring its intention to order the vacation of the alley in Block 528, City of Bakersfield. Upon a motion by Councilman Rucker, Resolution of In- tention No. 834 of the CoUncil of the City of Bakersfield, Calif- ornia, declaring its intention to order the vacation of the alley in Block 528, City of Bakersfield, and setting October 21, 1968 for hearing on the matter before the Council, was adopted by the following vote: Ayes: Councilmen Reisey, Hosking, Rees, Rucker, Stiern, Vetter Noes: None Absent: Councilman Whirremote Adoption of Resolution of Intention No. 835 of the Council of the City of Bakers- field, California, declaring its intention to order the vacation of a portion of 32nd Street between "K" Street and Jewett Avenue. Upon a motion by Councilman Stiern, Resolution of In- tention No. 835 of the Council of the City of Bakersfield, Calif- ornia, declaring its intention to order the vacation of a portion of 32nd Street between "~' Street and Jewerr Avenue and setting October 21, 1968 for hearing on the matter before the Council, was adopted by the following vote: Ayes: Noes: Absent: Councilmen Heisey, Hosking, None Councilman Whittemore Rees, Rucker, Stiern, Vetter Bakersfield, California, September 30, 1968 - Page 14 g~9 1 Adoption of Resolution No. 88-68 authori- zing the signing of checks drawn on City of Bakersfield "Active Accounts" with banks and for transferring funds between banks and for purchasing and selling U.S. Treasury Obligations. Upon a motion by Councilman Vetter, Resolution No. 88-68 authorizing the signing of checks drawn on City of Bakersfield "Active Accounts" with banks and for transferring funds between banks and for purchasing and selling U. S. Treasury Obligations, was adopted by the following vote: Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter Noes: None Absent: Councilman Whittemore Approval of Agreement with the Department of Finance for Special Census. Upon a motion by Councilman Rucker, Agreement with the Department of Finance for conducting a Special Census was approved, and the Mayor was authorized to execute same on behalf of the City. Adoption of Minute Order authorizing the payment of the power cost for lighting parking lot at the northeast corner of Kern and Monterey Streets. After discussion, upon a motion by Councilman Heisey, Minute Order was adopted authorizing the payment of the power cost for lighting parking pot at the northeast corner of Kern and Monterey Streets. Approval of annexation of that area designated as Mount Vernon No. 2. City Attorney and City Engineer to submit same to the Local Agency Formation Commission. Upon a motion by Councilman Hosking, communication from Fred Banducci and his related interests requesting annexation of that certain area designated as Mount Vernon No. 2, was received and ordered placed on file, the annexation was approved, and the City Engineer and City Attorney was authorized to refer the matter to the Local Agency Formation Commission. This annexation comprises approximately 130 acres and is located generally between Columbus Avenue to the north, 178 Freeway to the south, Haley Street to the west, and Mount Vernon Avenue to the east and was approved by the '92 Bakersfield, California, September 30, 1968 - Page 15 Planning bet 30, 1968. Commission at aspecial meeting held Monday noon, Septem- Acceptance of Work and Mayor authorized to execute Notice of Completion of Con- tract for construction of a Water Supply System on Pierce Road and 6ulf Street in Public Improvement District No. 821. Upon a motion by Councilman Heisey, the Work was accepted, and the Mayor was authorized to execute the Notice of Completion and the Conveyance of the system to the California Water Service Company, in accordance with agreement of January 22, 1968, for the construction of a Water Supply System on Pierce Road and Gulf Steeet in Public Improvement District No. 821. Encroachment Permit granted Western Union Telegraph Company for filler cap inside a recessed box in walk area on the north side of the alley running between "H" Street and "I" Street between 18th and 19th Street. Upon a motion by Councilman Stiern, Encroachment Permit was granted Western Union Telegraph Company for filler cap inside a recessed box which will be in the walk area on the north side of the alley running between "H" Street and "I" Street between 18th and 19th Streets. Acceptance of Deed from Joseph M. Thomas for the proposed park site in the vicinity of Eissler School. Upon a motion by Councilman Stiern, Deed from Joseph M. Thomas for the proposed park site in the vicinity of Eissler School was accepted by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Heisey, Rees, None Councilman Whittemore Councilman Hosking Rucker, Stiern, Vetter (because of a possible conflict of interest) Approval of Joint Exercise of Powers Agreement with the County of Kern for installation of traffic signals and lighting at White Lane and Wible Road. Upon a motion by Councilman Vetter, joint exercise of Powers Agreements with the County of Kern for installation of traffic signals and lighting at White Lane and Wible Road was approved, and the Mayor was authorized to execute the contract. O Bakersfield, California, September 30, 1968 - Page 16 gd93 Hearings. This was the time set for hearing on Phase II of the Weed Abatement Program. City.Engineer Jing reported that 31 lots were posted and 16 have not complied. No one present offering any objections or protests, the Mayor declared the public hearing closed. After discussion, upon a motion by Councilman Vetter, the City Attorney was instructed to prepare a Resolution 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. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Rucker, the meeting was adjourned at 10:30 P.M. MAYOR of the City of Bakersfield, Calif. ATTE ST: andEx-O~f'icio Clerk of the Council of the City of Bakersfield, California