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HomeMy WebLinkAboutOCT - DEC 1966135 Bakersfield, California, October 3, 1966 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Police Department Auditorium at eight o'clock P.M. October 3, 1966. The Mayor called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend Ross B. Heights Congreational Church. The City Clerk called the roll as Present: Mayor Karlen. Councilman Balfanz, Rucker, Stiern, Whirremote Absent: None Minutes of the regular meeting of McGuire of College approved as presented. follows: Doolin, Hosking, Park, September 26, 1966 were Stiern, Adjustment was accepted, and William Jing was appointed to fill the va- cancy on the Board, term to expire December 1, 1968. Upon a motion by Councilman Doolin, seconded by Councilman Rucker, communication from Mr. Milton Miller re: regulated right of free speech before the Council assembly as a constitutional right and not a privilege, was received and ordered placed on file. Communication from Kern County Water Agency on the subject of reconvening of adjourned public hearing on proposed zone (s) of benefit in San J~quin Valley Portion of Kern County to be held on Tuesday, October 4, 1966 at 7:30 P.M. in the Agency Board Room 422, had been sent to all members of the Council. Hearings. This was the time set for continued hearing of protests by persons owning real property within territory designated as Casa Loma #1, proposed to be annexed to the City of Bakersfield, and time when objections may be heard to intention of the Council of the City of Bakersfield to include Casa Loma #1 within the Greater Bakersfield Separation of Grade District. Correspondence. Upon a motion by Councilman Whittemore, seconded by Councilman resignation of H. E. Bergen as member of the Board of Zoning 136 Bakersfield, California, October 3, 1966 - Page 2 Mr. Chester Miller of 1404 South Cottonwood Road said he owned a little ranch for raising stock and was concerned that if he were annexed to the City, he would not be permitted to use the ranch for that purpose. Councilman Stiern commented that he had been told the Planning Commission would hold a hearing on R-S zoning of this property on Wednesday evening, so that he would not be precluded from keeping livestock just because he had been annexed to the City. Mr. Al£onso Alderere who lives at 2100 Madison Street, stated his objections to being annexed to the City and asked that his property be excluded from the annexation. Councilman Rucker said he was concerned about the rights of these various individuals who own property in the area proposed to be annexed, and felt that they should be given the right to withdraw their property if they so desire. Mayor Karlen said there was merit to that statement, but the overall interests of the entire area should be considered, rather than the rights of individuals. He then closed the public portion of -the hearing and proceeded to council comment. Councilman Hosking said he thinks that what Mr. Alderete and Mr. Miller have said makes a lot of sense, and he then made a motion that their property be excluded from this annexation. Councilman Rucker seconded the motion which failed to carry by the following roll call vote: Ayes: Councilmen Doolin, Hosking, Rucker Noes: Councilmen Balfanz, Park, Stiern, Whittemore Absent: None Upon a motion by Councilman Stiern, seconded by Councilwoman Balfanz, Resolution No. 67-66 of the Council of the City of Bakers£ield declaring that a majority protest has not been made to the annexation of that territory designated as Casa Loma #1, proposed to be annexed to Bakersfield, California, October 3, 1966 - Page 3 the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whirremote Noes: Absent: None None Upon a motion by Councilwoman Balfanz, seconded by Councilmart Whittemore, Ordinance No. 1642 New Series of the City of Bakersfield approving annexation of a parcel of uninhabited territory to the City of Bakersfield, California, designated as Casa Loma #1, and providing for the taxation of said territory to pay the bonded indebtedness of said City, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None Upon a motion by Councilman Park, seconded by Councilman Whittemore, Resolution No. 68-66 annexing certain territory designated as Casa Loma #1 to the Greater Bakersfield, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, St iern, Whittemore Separation of Grade District Noes: None Absent: None Council Comments. Councilman Park said: There have been instances since I have been on the Council when I felt conditions warranted critical comment. There have been other cases where acts of meritorious nature have deserved complimentary remarks. Although I have been critical at times when I felt it necessary, it is always distressing. On the other hand to recognize merit where credit is due is always a pleasant experience. What I am about to say this evening pleases me greatly. Several months ago this Council asked Mr. Hoagland, our City 137 Bakersfield, California, October 3, 1966 - Page 4 Attorney, for his opinion regarding the Council's legal position in giving the voters of the City of Bakersfield the opportunity to vote on the question of funding anti-proverty programs. About the same time the Board of Supervisors asked Mr. Jordan, the County Counsel, for a similar opinion regarding the County voters. Mr. Jordan returned an opinio~ that the Board could not legally submit the question to the voters. The following week, Mr. Hoagland returned an opinion to the City Council that the City Council did indeed have the right to submit the question to the voters via ballot procedure. The City Council having complete confidence in Mr. Hoagland's opinion, set forth to have the issue placed on the November ballot. Last week a petition was filed in Superior Court by Mr. Gabriel Solomon, an attorney, and Mr. Belcher and Mr. Shaw, directors of anti-poverty projects, requesting a restraining order that would prevent the measure from being printed on the ballot, and thus voiding the people's right to vote on this vital issue. A hearing was called before Judge Jellerich last Friday after- noon for a decision as to whether or not such rearraining order should be granted. Mr. Hoagland was present to present the City's position against what appeared to be formidable odds, for not only was Mr. Solomon there, but also Mr. Jordan, making a strong plea for the granting of the restraining order. As you all know, Judge Jellerich recognized the merits of Mr. Hoagland's argument and refused to grant the order, thus allowing the question to go to the people. Regardless of the final outcome of this issue, Mr. Hoagland, it gives me great pleasure to congratualte you for a job well done. You not only have justified the Council's confidence in you, but much more important, you have helped preserve the sacred right of the people of Bakersfield to vote on matters of great importance to them. Councilman Stiern said: I would like to add my congratulations to Mr. Hoagland, and intended to do so this evening, Mr. Park was going to. Mr. Park and I heard part of I didn't know thai: the proceedings last 139 Bakersfield, California, October 3, 1966 - Page 5 Friday afternoon, we traded our lunch hours and were able to attend a portion of the hearing, and I congratulate Mr. Hoagland for his successful work, and I congratulate the people of Bakersfield that they still live in a democracy where they can exercise their franchise and their civil rights and vote. Mr. Solomon, Mr. Belcher and Mr. Shaw saw fit to challenge the right of the people of Bakersfield to vote. am happy that we have judges who are not so anxious to legislate as they are to rule in favor of the people's rights, the majority of the people's rights, and in spite of all the confusion that there has been about this issue, it is going to be on the ballot and I'm glad that it is. Another thing that ! had to say, is that next Tuesday night there will be an extremely important meeting of LAFCO, on October 11, 1966, relative to the City's position in the Greater Bakersfield ~unicipal Water District, or in the present Bakersfield ~unicipal Water District. The Water Committee has been pursuing, of course, where we have been trying to accomplish inexpensive good quality water, we have our eye on some $30.00 Kern River water, we see other people suggesting that we buy $80.00 Sacramento water, and we would like to invite those members of the Council who are not members of the Water Committee, to please share their opinions with us this week as to our appearance before LAFCE. We would enjoy hearing your opinions, and if you concur with our position, fine, and if you have suggestions that we might make our position more clear next Tuesday night, we would appreciate hearing them. Councilman Doolin: I voted to allow the people of Bakersfidd to vote on the Water District and I think that was my reason for supporting LAFCO, or supporting the petition that went to LAFCO, and not supporting the Council's policy on it, because the public signed the required number of signatures to put it on the ballot. That was the case where I felt that the people should be given the right to vote, Bakersfield, California, October 3, 1966 - Page 6 although that doesn't mean that I disagree with all the Council's viewpoint. I was outvoted 6 to 1 - my reason for voting against the Council's decision was that the public had asked for a vote and therefore, I voted on that basis, not that I was in complete disagreement with the Council, I think I have been in general agreement with them, although I have asked a great many questions which appeared that maybe I didn't have confidence in them. Of course, it isn't true that just because I don't vote with them I'm-- Councilman Stiern: May I ask you a question, Mr. Doolin? Are you in general agreement with the Water Committee that we are correct in our procedure to obtain, if possible, Kern River water at around $30 to $35 an acre foot, in preference to the Water Agency's avowed plans to cram $80 Sacramento water down our throats? Councilman Doolin: Mr. Stiern, I am in agreement with you 100%, because this is one of the few places that I have lived in my lifetime that didn't get their water directly from the river. Councilman Stiern: We on the Committee would respectfully suggest that if you are in agreement with our plan to obtain the cheapest possible water and the best possible water, that it might be well to re-examine the Water Abency's grandiose schemes for the Greater Bakersfield Municipal Water District. Councilman Doolin: They are two different things, assuming that not only could the City get the cheaper water, I am assuming also that the Water District could do the same. Councilman Stiern: They are two different things, Mr. Doolin, if you go along with the Greater Bakersfield Municipal Water District, you are going to get Sacramento water. If you go along with another plan, you going to get the cheapest water. Councilman Doolin: I am not quite sure that I see the logic to it. Now remember, I haven't said I was for or against the Metropolitan Water District, I merely said that I supported the right of the people to go out and get a petition, they are two different things. 141 Bakersfield, California, October 3, 1966 - Page 7 Now, I believe a Water District would have the same right to make an agreement with the present water users of the Kern River, I would assume they would have, because it was implied that the ~istric~ could do that, I would assume, therefore, that a larger Water District could do the same. I have never said that I'm in favor of getting more expensive water, Dick, I -- Councilman Stiern: Mr. Doolin, did you read the Stetson report? Councilman Doolin: Yes, I did. Councilman Stiern: Did you notice the part in there where Mr. Stetson pointed out that the City of Bakersfield was going to pay 24 times the zone of benefit tax that an agricultural district immediately adjacent to the City of Bakersfield~was going to pay for the same water? Councilman Doolin: Well, difference between the cost that the I asked him, Mr. Stiern, the City and the farmers, the ranchers, and he indicated that generally speaking, the water in the City was more expensive, however, that it was true in this case that the cost of the water would be higher than normal in an urban area. Councilman Stiern: In lieu of that taxing proposal that I've just mentioned, can you think it conceivable that the Water Agency is going to pursue a course where they get Sacramento water for the farmers and the Kern River water for the Greater Bakersfield area? Councilman Doolin: I have always maintained that we should get the cheapest water that we can, whether its the City getting it or the Greater Water District getting it, both of them have the authority to do such. Councilman Stiern: Well, at this late date, I think it's quite obvious that if the Water Agency gets it, it's going to be Sacramento water. i42 Bakersfield, California, October 3, 1966 -- Page 8 Councilman Doolin: I'm talking in terms of a District separate from the Water Agency. It's been said that the Water Agency was the creator of this. This I don't Know. I know that the Water Agency evidently is in favor of a Greater District. Councilman Stiern: Well, if you had attended the LAFCO meeting with us and seen the proponents of the Greater Bakersfield District stand up and speak in favor of the District, they numbered three. They were Mr. Bottorff, Mr. Curran and Mr. Mull, all employees of the Kern County Water Agency. Councilman Doolin: No, And that's all the proponents there it isn't, Dick, there were thousands of people who signed a petition for the right to vote on that, and whether they were there or not, they were there by the fact that they put their names on a petition. Councilman Stiern: only way they could go. Councilman Doolin: with that. Councilman St iern: Councilman Doolin: And then they were told that that's the That I don't know, I wouldn't argue The dry faucet and -- I'm going to assume that the people were intelligent enough to know what they're signing on the thing. This is your own viewpoint. I've heard to the contrary. I do respect your viewpoint and I believe that they still- the fact that they went out and got the signatures on there and the people put it on there, I felt that the Council was denying these people the right to vote and not on the basis that I want to buy more expensive water, In fact I don't think I have ever said that. Councilman Park: Mr. Mayor, I would like to make a statement here regarding the formation of the Greater Bakersfield Water District, and remind Mr. Doolin that in the formation of the Greater Bakersfield Municipal Water District, the City will furnish approximately 50% of the assessed valuation for such a district, while at the same time having approximately 1/3 of the representation on such a Board. I 143 Bakersfield, California, October 3, 1966 - Page 9 think it's a rather pragmatic issue at this point. We know what the City Council can do. We haven't the faintest idea of what a proposed Board for a proposed District would do in this regard, with the assessed valuation of the City o£ Bakersfield. ! was elected by the people of Bakersfield to serve this City. ! believe that, at least in my opinion, if I anything less than to protect the tax base of this City, I would not be performing my function on the City Council. I think the only way that I can do this, and do it to the best of my ability, is to see that the people have a right to vote on our own Bakersfield Nunicipal Water District which can be expanded, which can have the entire City, plus areas outside of the City, annexed to it with no obligation. To see that it is protected, to see that the people have a right to vote on it and hope that they will protect it and preserve it, thus leaving the City of Bakersfield excluded from any proposed Greater Bakersfield District which would have the use of the Bakersfie]Ld tax base to use as they see fit. To buy State water, to make any kind of an exchange agreement, whatever they might do or care to do, in regard to negotiating £or water. We know what we can do. We know that Kern River water is available to the City of Bakersfield. We know that we can purchase it, and we know that we can do that, but we haven't the faintest idea of what a proposed Greater Bakersfield Municipal Water District Board of Directors might do. Councilman Doolin: Nr. Mayor, may I answer that? It is very' important, the cost, but there are things that are much more important than money. One of the basic rights is petition, it's in the Constitution, and what I felt the right of petition to vote. way I respect yours. But the we were doing was denying individuals I hope that you respect my right the second thing, we may be assuming that the people on the outside will vote for this, Mr. Park, I am not too sure that they will. What they're doing is voting a District which certainly would cost money. Now, I'm not sure that on the outside they would vote 144 Bakersfield, California, October 3, 1966 - Page 30 for it. I can't question whether they are going to vote for or against it. The only thing I can question is the right of the people to go out and get a petition and put it on the ballot and I feel that I couldn't deny them this right, I feel that if it was put on the ballot, then the Council members and others would have the right to speak out and give their viewpoints as we are doing tonight. And that was my reason for voting against it. Councilman Stiern: Let me ask something, Mr. Doolin. You allude to the right of the people to vote because of the circulation of the petition and I agree that the people do have the right to vote, and the speech I made a little while ago about my civil rights in relation to the initiative on the ballot, I meant. I enjoy the fact that I can vote on things. Let me ask you this, though. Suppose the Water Committee took a position next Tuesday night in relation to the recommendation which has been made to LAFCO which is that the Greater Bakersfield Municipal Water District be formed subject to the dissolution of the Bakersfield Municipal Water District and the Directors of the Bakersfield Municipal Water District have recommended that that District, if it be dissolved, be dissolved by a vote of the people in the District. Now, it is entirely possible that your Water Com- mittee will go before LAFCO and plead that the matter of dissolution of that existent district be subject to the vote of the people in the District. Would it bother you greatly if that was our recommendation? Councilman Doolin: No, you're asking --- Councilman Stiern: Isn't that in relation to what you are talking about, about people voting? Councilman Coolin: You are asking me if I would have any objection if the people vote on dissolving the District, certainly I wouldn't. Councilman Stiern: If we took that position, it wouldn't offend you too much? Councilman Doolin: No, but this wasn't the thing. You went before LAFCO and were turned down. Councilman Stiern: We asked for exclusion. 145 Bakersfield, Councilman Doolin: Councilman Stiern: them for exclusion. California, October 3, 1966 - Page 11 Not in the beginning you didn't. Yes, we did. Last February we asked Councilman Doolin: Well, the thing changed and then you asked not to, and then there was the possibility of forming a Water District. I think one thing you overlooked was the fact that the City does have the right, as a City, to negotiate for the water rights on the Kern River, that is the whole City, and I believe under the present situation, I think the last time you went before them you would not have included all of the City of Bakersfield. Councilman Stiern: Well, Mr. Doolin, where did the idea come from? Have you ever heard anybody suggest that negotiations be made to. procure water for the people of Greater Bakersfield from the Kern River, have you ever heard such a suggestion from anyone except the Bakersfield City Council? What group has suggested this? Suddenly the Kern County Water Agency has discovered that there's a Kern River out there, it's been flowing by for 50,000 years. The reason they discovered it is because we insisted that it be used. Councilman Doolin: Well, I think, Dick, I don't remember whether you were on the Council, I think you were, when it was discussed on the Council that the Council did have the right to do, I think it was before we had our Water Agency. If you've ever lived in an area - it is pretty well known that cities normally have the prerogative for the use of the river, in fact most cities have obtained that right a long time ago. Councilman Stiern: Well then, why have they been trying to sell us Sacramento sewer water for $80.00'an acre foot? Councilman Doolin: I don't know what - it sounds like somebody else I know about - you talking about "they", I assume you mean the Water -- Councilman Stiern: I'm talking about the Kern County Water Agency Board of Directors. 146 Bakersfield, California, October 3, 1966 - Page 12 Councilman Doolin: Well, I don't know that. I know only one thing, that my reasons for voting was I wanted - as long as they had a petition with the required number, I felt that I wanted the people to have the right to vote. It had nothing to do with the amount water. I'll go with you a 100%, I think we ought to get the water as cheap as possible, and the Kern River undoubtedly is it. interrupt at this point, Mrs. Balfanz Mayor Karlen: May we a connnent. Councilwoman Balfanz: has for the Mr. Mayor. First of all, I want to say that I don't need to say this, the water situation is a very complex problem and I believe that when people voted on the formation of the Agency in the first place, they voted through fear, that was the only thing which was presented, that you wouldn't have any water, and people voted through fear only. There was not enough investigation, there were not enough facts presented at the time, and I don't believe that people had - I know that they didn't have, a complete understanding of the situation. I want to compliment our Water Committee in bringing out some of these facts which we should have had long ago, and I also want to go on record of being very much in favor of getting the cheaper water. Councilman Hosking: Mr. Mayor and Members of the Council. Last Friday night, my brother at the Bar, Tom Werdel, passed from this world. The Kern County Bar Association, for whom I speak, and the City of Bakersfield, are the less for it. Thomas H. Werdel was first of all a man of principle and then a very fine lawyer. It was my good fortune, to have been associated with him for some years, and I knew him well. He felt that it was necessary to serve his fellow man. He did so first, by representing his County and this Community in the State Legislature, and then the State, in the Congress of the United States. Tom served the City in many capacities, the most recent being a Member of our Inter-Group Relations Board. I say that he was a man taking all in all, that I shall not look upon his like again. I hope that he rests in peace. 147 Bakersfield, California, October 3, 1966 - Page 13 Councilman Doolin: I intended to bring something up tonight. I got into a debate on the water, I guess it was not a debate, it was a discussion. This is one thing which I think has concerned the Council for a long time. I don't know the answer to it, but it's on annexation. I'm very happy that the Chamber of Commerce has a special committee studying it. I don't want anyone who is involved in annexation procedures, the members of the staff, the others, the young lady who has been working on this very diligently - but the thing that concerns me and has for a long time, is what type of a selling job are we doing other than just direct contact with an area which we do when working on one special annexation. If you go back for ten years, there have been very few inhabited are~ which have been annexed. We have had two along between "H" and "A" Street, one precinct to the north and one to the south, and then we have this one on Pierce Road, which as far as the number of people coming in is quite small. Most of our annexations have been in the uninhabited area, and I am very happy to see that, in other words, we were not able to do that a few years ago. It's been a selling job to the subdividers, and most of the time when a subdivider gets ready to build and he is adjacent to the City, he almost invari~bly wants to come into the City, I think you have done a fine job there. But I'm wondering what kind of a selling job we're doing outside of our efforts to sell one given area. Recently, I think it was about llO0 registered voters in that area, a pretty big one, in fact it was the largest attempted for over ten years, and the result was a petition of 51 or 52% who didn't want to annex to the City. Now, I'm not critical of anyone, only throw out the possibility of instead of trying to sell one area as we try to annex it, I think we've got to sell the City every day rather than wait for one area. I am sure that every Council member here, members of the administrative staff and the Mayor, constantly have been asked about the question of annexation and how much more taxes it would cost, and every time you l~ell people it would be cheaper, they either think you are an idiot or an Bakersfield, California, October 3, 1966 Page 14 awful big liar. you just can't to bring facts Some people you can convince on it, and others, convince them. What I'm getting across is one way directly, I appreciate Mr. Bergen's discussion to an organization, but I think we've got to do more of this, this selling job. I think Mr. Bergen knows what I am trying to get across, and I hope the Council does, it isn't a criticism, because I'm real happy with what we are doing. But I think we are going to have to do a bigger selling job, or if you want to call it public relations, or whatever you want to call it. Now these are comments, they are not criticisms, and I am sure that all Council members have had the same thing facing them. We are doing a fine job on certain aspects of our annexation program, but I'm wondering if we can't do a selling job every day in the whole area rather than one concentrated area. Mayor Karlen: I think basically this is what the Chamber of Commerce Committee is designed to do, Mr. Doolin. Councilman Stiern: I think that Committee will go a long way, your Honor, and I think that the Stanford Research survey will go a long way toward demonstrating that the residents of the incorperated cities of Kern County are paying far more than their fair share of taxation and that some people aren't carrying quite enough of their share of taxation, and when that inequity is corrected, and the City resident pays his fair share, I think it will be a much simpler process to annex people to cities. They don't have to pay twice. Councilman Park: Mr. Mayor, if I may comment briefly on this. I feel that this Chamber of Commerce Committee is a step in the right direction, towards the goals that Mr. Doolin has mentioned. I believe that the most important thing that we can do is to create a~ image for the City of Bakersfield whereby the people in the outlying' areas will want to annex. There are many prejudices and fears that people have outside the City of Bakersfield. Now, I think this year we have taken a step by cutting the tax rate by 17%, that probably is one of the most important factors in creating an image of responsibility, of economy in government, and those things that are necessary for the Bakersfield, California, October 3, 1966 Page 15 people outside the City of Bakersfield to have confidence in us. I believe that if we persist in the types of programs and the goals that we have set forth to do and to be very careful in those items which are going to throw our tax rate completely out of line, completely out of balance, those large items that will completely unbalance our system to the extent that it will make it unprofitable for people to come into our city. I think we must be constantly alert on these things. I believe that this Council can do a great deal in creating that image that is necessary for the people to have confidence in the City of Bakersfield and some of those things are working together, trying to eliminate as much of the argument that sometimes is not too important, and to create a general image of responsible government, so that the people will look up to the City of Bakersfield and realize the accomplishments that we are making. Mayor Karlen: I would like to just correct just one thing, however. It wasn't 17%, it was 6%, or 17~. That would be fine, I wish it were. Councilman Rucker: When they were speaking about the idea of interested people in the County coming into the City, I was very happy to hear that because this was a remarkable piece of work that was done by some of our citizens who might have had some differences or grievances with the City of Bakersfield. They took it through the proper channels, and of course, the City Attorney was fortunate in being able to defeat them. And I think that this sort of thing gives each individual who might not live in the City and who is interested in an increase in taxes, to know that the City is being fair and honest to all of its citizens, and I think will encourage other citizens to come into this City. Councilman Hosking: Mr. his invocation, used a phrase that mentioned "creative listening." I that also. Mayor, the Reverend Mr. McGuire in I thought was stunning when he think if we did a little more of on the Council and proceeded with our business, it might be well, Councilman Whittemore: I would second that. i,50 Bakersfield, California, October 3, 1966 - Page 16 Allowance of Claims. Upon a motion by Councilman Doolin, seconded by Councilmall Rucker, Vouchers Nos. 1061 to 1144 inclusive, in amount of $66,882.52, as audited by the Finance Approval Committee, were allowed, and authorization was granted for payment of same. Approval of State Employees' Retirement System quadrennial actuarial valuation Contract with the firm of Coates, Herfurth and England. Upon a motion by Councilman Hosking, seconded by Councilman Rucker, the State Employees' Retirement System quadrennial actuarial valuation Contract with the firm of Coates, Herfurth and England, was approved, and the Mayor was authorized to execute same. Date set for hearing before the Council on appeal of James E. Smith to decision of the Board of Zoning Adjustment denying his application for a variance to permit the construction of a 24 unit apartment building on that certain property designated as 701 to 715 "A" Street. Upon a motion by Councilman Stiern, seconded by Councilwoman Balfanz, date of October 31, 1966 was set for hearing before the Council on an appeal of James E. Smith to decision of the Board of Zoning Adjustment denying his application for a variance of an R-2 (Two-Family Dwelling) Zone to permit the construction, operation and[ maintenance of a 24 unit apartment building on that certain property' designated as 701 to 715 "A" Street. Acceptance of Work and Notice of Completion of Contract No. 74-66 for Construction of Portland Cement Concrete Median Island Curbs on Panorama Drive and on Columbus Street. Upon a motion by Councilman Park, seconded by Councilman Hosking, the Work was accepted and the Mayor was authorized to execute the Notice of Completion of Contract No. 74-66 for Construction of Portland Cement Concrete Median Island Curbs on Panorama Drive and on Columbus Street. Bakersfield, California, October 3, 1966 - Page 17 Approval of Agreement with Pacific Gas & Electric Company for Service Riser Pipe for electrical energy to Jefferson Park. Upon a motion by Councilwoman Balfanz, seconded by Councilman Doolin, Agreement with the Pacific Gas & Electric Company covering Service Riser Pipe connection for electrical energy to Jefferson Park, was approved, and the Mayor was authorized to execute same. Approval of Street Lighting Plan for Tract 2942. Upon a motion by Councilman Whirremote, seconded by Councilman Hosking, Street Lighting Plan for Tract 2942, located south of Ming Avenue and west of Stine Canal, was approved. Construction of Freeway Ramps near Union Avenue. A communication from the Division of Highways indicates that if the Council wishes to relocate ramps for Freeway 178, a resolution requesting such change must be adopted without delay. Traffic projects indicate that the alternate location would result in traffic congeslion at Union Avenue and it is recommended that no change be requested in. the construction plans. Mayor Karlen said the only comment he has heard is the fact that there were many who wished it had never been located there in the first place. This recommendation comes from the City staff as well as the State Division of Highways. Councilman Stiern: This action is probably the last action that we will take relative to the Freeway. I'm not going to oppose the recommendation of the staff, which would be rather foolhardy. But, as I said before, I think that freeway was constructed in the wrong place, dozens of people were uprooted unnecessarily, much property was destroyed unnecessarily, much business is going to be lost along the route of the freeway because of the ineptness in choosing the site. I think four members of the City Council made a very poor judgment when they voted to approve that route, I think time will show that the businesses in that area are going to reap the benefit of that poor judgment. Bakersfield, California, October 3, 1966 - Page 18 Councilwoman Balfanz; This happens to be in my Ward and I want to offer a comment. It is well known that I was very much against the location of this freeway in the beginning and my vote will show that. Since it has gone that way, a 4 to 3 vote, and I did all that I could to try to stop it at that location and was unsuccessful, and I'm not an engineer I haven't the slightest idea of traffic counts, I think I will have to adhere to the recommendation of the staff and the Division of Highway engineers. City Manager: I have one comment I would like to make. The primary discussion is in regards to the adverse effect that this could have on some businesses and residences adjacent to where these ramps are constructed, and I think there is some merit in this type of discussion regarding the traffic. I would suggest that the Council perhaps pass a resolution which would request the State Highway Comlaission to advance the construction of the continuation of this 178 Freeway in the vicinity of Mt. Vernon and Columbus, because you can see the problem that we're having here is the location of the ramps to serve the majority of traffic that is going to be on Niles and Monterey. Once this freeway is connected to the 178 Highway and Alfred Harrell Highway several miles east of the City of Bakersfield, at that time then the freeway ramps could be reversed, and you would have the freeway traffic there, and certainly if the Council is going to support the recommendation of the Division of Highways on the basis of traffic here, something perhaps to speed up the time schedule would not be in vair~, or at least it wouldn't hurt anything. Councilwoman Balfanz asked Mr. Bergen if he thought that would help any, at least if the Council passed a resolution to that effect. Mr. Bergen: I don't believe it would hurt and at least it would help. I know that we have talked to the Division of Highways on several occasions and this was the problem, and I know Mr. Deffebach has indicated that he was going to try to request funds and get this other 1.53 Bakersfield, California, October 3, 1966 - Page 19 phase completed. I certainly think the City of Bakersfield is one of the prime recipients of this freeway and it would make this freeway much more usable, because the freeway w~11 really be a local street from Alta Vista to Mr. Vernon. This would accomplish the thing the adjacent property owners would like to see and that is the reversing of these ramps to allow for free movement for certain areas. Councilwoman Balfanz said she would like to move that the staff proceed with this recommendation and have it ready for the Council's consideration at the next meeting. Councilman Whittemore seconded the motion, which carried unanimously. Councilman Whirremote said apparently there is no interchange planned for Mt. Vernon and the freeway, there is an overpass over the railroad tracks comming onto Mt. Vernon, which makes it the most readily accessible street in the system, but the interchange has been moved over to Haley Street. He said he thinks now is the time to have a re-evaluation of it as they are still in the rough stages of construction, and it should be rectified, if it is necessary to put in two interchanges. Councilman Rucker said it doesn't matter where the freeway is constructed, there will be some people who are not happy with the location. He stated that the administrative staff perhaps should have made a thorough study with the State Division of Highways relative to the location of the ramps,etc., so that they would ~ave been placed in the proper location in the beginning, and such discussions as they have had tonight would not have been necessary. Councilwoman Balfanz said Mr. Rucker was not on the Council at the time the freeway was considered, but the Planning Staff did present three different proposals which they thought were much better, but the State Division of Highways would not even consider them. After further discussion, the Council went on record as accepting the recommendation of the administrative staff and the State Division o£ Highways that no change be requested in the construction plans for the 178 Freeway. 154 Bakersfield, California, October 3, 1966 - Page 20 Councilman Park: Before we leave this subject, I would like to explore Mr. Whittemore's comments regarding a ramp at Mr. Vernon, I certainly agree with Mr. Whittemore. I can visualize tremendous traffic jams at Haley and Columbus interchange. This is a mistake in the making, and before we discuss the extension of the freeway as suggested by Mr. Bergen, and I agree with that, I think we should take a look and see what can be done at this point to request an interchange at Mr. Vernon, as this is going to be a large business district in the future. Council- man Park then made a motion, seconded by Councilman Whittemore, that the staff evaluate the matter of off and on ramps being located at Mr. Vernon Avenue. Acceptance of Deed of Easement from Kern County Joint Union High School District for A to F Connection. After discussion, upon a motion by Councilman Stiern, seconded by Councilwoman Balfanz, Deed of Easement from the Kern County Joint Union High School District, was accepted. Acceptance of Right of Way Deed from Mildred MacDonald and Alvin E. Horton for 20 foot alley in Block 4, Laguna Square. Upon a motion by Councilwoman Balfanz, seconded by Councilman Park, right of Way Deed from Mildred MacDonald and Alvin E. Horton for 20 foot alley in Block 4, Laguna Square, was accepted. Approval of Letter of Agreement to improve 20 foot alley in Block 4, Laguna Square and accompanying $5,000.00 contract bond. Upon a motion by Councilman Park and seconded by Councilwoman Balfanz, letter of Agreement from Mildred MacDonald and Alvin E. Horton for the improvement of 20 foot alley in Block 4, Laguna Square, and accompanying $5,000.00 Contract Bond was approved, and ordered placed on file. 155 Bakersfield, California, October 3, 1966 - Page 21 Councilman Stiern extended an invitation to the entire Council to attend the meeting at LAFCO next Tuesday Night, October ll, 1966, at 7:30 P.M. in the Board of Supervisors Chambers, as it is an extremely important meeting. The decision that comes out of that meeting and is recommended to the Board of Supervisors, and in turn the decision of the Board of Supervisors, is extremely important to the City of Bakersfield, so he urged the entire Council to attend the meeting. Adjournment. There being no further business to come before the Council, upon a motion by Councilwoman Balfanz, seconded by Councilman Rucke]?, the meeting adjourned at 9:35 P.M. ATTEST: c o-t ' · C! i erk of the Council of the City of Bakersfield, California 157 Bakersfield, California~ October 10, 1966 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Police Auditorium at eight o'clock P. M. October 10, 1966. The Mayor called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend Gerald Deaton, Minister of Education of the First Christian Church. The City Clerk called the roll as follows: Present: Mayor Karlen. Councilmen Balfanz, Doolin, Hosking, Rucker, Stiern, Whittemore Absent: Councilman Park Minutes of the regular meeting of October 3, 1966 were approved as submitted. Scheduled Public Statements. Mr. Jim Mason addressed the Council relative to the majority of outside workers employed by the City of Bakersfield Waste Disposal Department having joined Local Union 458, American Federation of State, County and Municipal Employees, and that said Local Union 458 is the collective bargaining agent for the group of employees named. The City Manager was requested to evaluate the situation and report back to the Council. Correspondence. A communication was received from the Association of Kern County Cities requesting the Council to submit a representative to serve on the Community Action Program Committee to fill the vacancy due to the resignation of Councilman William H. Park. Upon a motion by Councilman Rucker, seconded by Councilman Whirremote, the name of Councilman Don Doolin was submitted to the Association of Kern County Cities as a representative to serve on the CAP Committee. Upon a motion by Councilman Stiern, seconded by Councilwoman Balfanz, communication from R. E. Deffebach, District Engineer, relative to the City of Bakersfield Federal-Aid Urban Extension Construction Program for the Improvement of South "H" Street between Ming Avenue and White Lane, was referred to the City Manager. 158 Bakersfield, California, October 10, 1966 - Page 2 Upon a motion by Councilman Hosking, seconded by Councilman Rucker, communication from the Junior League of Bakersfield stating that this group wished to go on record as supporting the development of a Master Plan for the future use of the land in Central Park, was received and ordered placed on file. Councilman Statements. Councilman Hosking stated that he was asked by Justice Conley, presiding Justice of the Fifth District Court of Appeals, to address that Bench upon the swearing in of Judge Roy Gargano, which occured on October 10, 1966 at 10:00 A.M. in Fresno. No one has ever been appointed to an Appellate Bench before from Kern County, and this is a first for the County. He stated that he wanted to congratulate Justice Gargano and wish him well in his new position. Councilman Doolin invited the Mayor and the members of the Council to participate in the Veterans Day Parade by riding in the parade. Reports. Councilman Rucker, chairman of the Special Committee on Business License Tax and Procedure, reported that the Committee's work is nearing completion and they expect to finalize its work and distribute a rather extensive report to the Council within the next 30 days. He asked that any suggestions or recommendations be made to the Committee at this time. Upon a motion by Councilman Doolin, seconded by Councilwoman Balfanz, the report was received and placed on file. Allowance of Claims. Upon a motion by Councilman Doolin, seconded by Councilwoman Balfanz, Vouchers Nos. 1145 to 1246 inclusive, in amount of $37,974.1.7, as audited by the Finance Approval Committee, were allowed and authorization was granted for payment of same. Bakersfield, California, October 10, 1966 - Page 3 Acceptance of Bid of Griffith Co. for Columbus Street Improvement between Mt. Vernon Avenue and 400 feet west of Auburn Street. Upon a motion by Councilman Whittemore, seconded by Councilwoman Balfanz, low unit prices bid by Griffith Co. were accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Appointment of Mr. Donald S. Hopkins as Member of the Board of Charity Appeals and Solicitations. Upon a motion by Councilman Stiern, seconded by Councilman Doolin, Mr. Donald S. Hopkins of 24 Cypress Street, was appointed as a Member of the Board of Charity Appeals and Solicitations to fill the vacancy on the Board due to the resignation of Mr. Richard S. Bruce, term to expire October 1, 1967. Approval of Agreement with East Bakersfield Progressive Club for Holiday decorations. Upon a motion by Councilwoman Balfanz, seconded by Councilman Hosking, Agreement with the East Bakersfield Progressive Club for Holiday decorations was approved, and the Mayor was authorized to execute same. Approval of Agreement with the Downtown Business Association for Holiday decorations. Upon a motion by Councilman Hosking, seconded by Councilman Rucker, Agreement with the Downtown Business Association for Holiday decorations was approved, and the Mayor was authorized to execute same. Adoption of Resolution No. 69-66 of the Council of the City of Bakersfield that no change be requested in the construction of the ramps in the vicinity of Union Avenue for the 178 Freeway; and formally requesting the Division of Highways to expedite as quickly as possible the extension of this Freeway so as to connect with Highway 178 and the Alfred Hartell Highway. Upon a motion by Councilwoman Balfanz, seconded by Councilman Hosking, Resolution No. 69-66 of the Council of the City of Bakersfield that no change be requested in the construction of the ramps in the 160 Bakersfield, California, October 10, 1966 - Page 4 vicinity of Union Avenue for the 178 Freeway; and formally requesting the Division of Highways to expedite as quickly as possible the extension of this Freeway so as to connect with Highway 178 and the Alfred Hattell Highway, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Rucker, Stiern, Whittemore Noes: None Absent: Councilman Park First reading of an Ordinance of the Council of the City of Bakersfield adding Section 11.04.786 to the Municipal Code (Speed Limit on Bernard Street between Mount Vernon Avenue and Oswell Street). First reading was given to An Ordinance of the Council of the City of Bakersfield adding Section 11.04.786 to the Municipal Code (Speed Limit on Bernard Street between Mount Vernon Avenue and Oswell Sireel;). First reading of An Ordinance of the Council of the City of Bakersfield adding Section 11.04.753 to the Municipal Code (Speed Limit on Oswell Street between Bernard Street and Columbus Street). First reading was given to An Ordinance of the Council of the City of Bakersfield adding Section 11.04.753 to the Municipal Code on Oswell Street between Bernard Street and Columbus (Speed Limit Street). First reading of An Ordinance of the Council of the City of Bakersfield amending Seclion 7.34.070 of Chapter 7.34 (Cards and Cardrooms) of the Municipal Code of the City of Bakersfield. First reading was given An Ordinance of the Council of the City of Bakersfield amending Section 7.34.070 of Chapter 7.34 (Cards and Cardrooms) of the Municipal Code of the City of Bakersfield. Claim for damages from Linda Marie White referred to the City Attorney. Upon a motion by Councilwoman Balfanz, seconded by Councilman Rucker, claim for damages from Linda Marie White was referred to City Attorney. Appointment of Councilman William H. Park as Member of the Council's Industrial Development Committee. Upon a motion by Councilwoman Balfanz, seconded by Councilman Bakersfield, California, October 10, 1966 - Page 5 Doolin, Councilman William H. Park, was appointed as the third member of the Council's Industrial Development Committee. Reception of communication from American Federation of State, County, and Municipal Employees, Local Union No. 458 Upon a motion by Councilman Hosking, seconded by Councilman Whittemore, communication from the American Federation of State, County, and Municipal Employees, Local Union No. 458, indicating that the majority of outside workers employed by Bakersfield Waste Disposal Department had joined Local ordered placed on file, and referred Committee for study. Union No. 458, was received and to the Governmental Efficiency Petition from Downtown Business Men to implement Revitalization Plan for Downtown Bakersfield referred to the Industrial Development Committee. Upon a motion by Councilman Hosking, seconded by Councilman Doolin, petition submitted by the Downtown Business Men requesting the City Council to proceed with the formation and implementation of certain proposals contained in the revitalization plan for the Downtown area was received and referred to the Industrial Development Committee. Administrative Staff instructed to take necessary action to re-evaluate the 178 Freeway Agreement to provide for Construction of a Grade Separation at Wenatchee Avenue. In accordance with recommendation of the Planning Commission, upon a motion by Councilman Hosking, seconded by Councilman Rucker, the Administrative Staff was instructed to take the necessary action to re-evaluate the 178 Freeway Agreement with the Division of Highways, with particular reference to the need of a Grade Separation at Wenatchee Avenue. Date set for hearing before the Council for zoning upon annexation to an R-S (Residential Suburban), or more restrictive, Zone, for that certain property in the County of Kern located on the northeast corner of the intersection of Watts Drive and Cottonwood Road (Casa Loma #1 Annexation). Upon a motion by Councilman Whittemore, seconded by Councilman 162 Bakersfield, California, October 10, 1966 - Page 6 Doolin, date of October 31, 1966 was set for hearing before the Council for zoning upon annexation to an R-S (Residential Suburban) or more restriclive, Zone, for that certain property in the County of Kern located on the northeast corner of the intersection of Watts Drive and Cottonwood Road (Casa Loma #1 Annexation). Date set for hearing before the Council to amend the Zoning Boundaries from an R-S (Residential Suburban) Zone to a C-2-D (Commercial - Architectural Design) or more restrictive Zone, for those certain properties in the City of Bakersfield commonly known as 2420 to 2650 Ming Avenue. Upon a motion by Councilman Whittemore, seconded by Councilman Stiern, date of November 7, 1966 was set for hearing before the Council on recommendation of the Planning Commission to amend the zoning boundaries from an R-S (Residential Suburban) Zone to a C-2-D (Commercial - Architectural Design) Zone, for those certain properties in the City of Bakersfield commonly known as 2420 to 2650 Ming Avenue. Date set for hearing before the Council on recommendation of the Planning Commission to amend the zoning boundaries for those certain properties in the City of Bakersfield bounded on the south by Planz Road, on the west by Tract 1878, and on the north and east by the Kern Island Canal (Planz Park #9 Annexation). Upon a motion by Councilman Stiern, seconded by Councilman Rucker, date of November 7, 1966 was set for hearing before the Council on recommendation of the Planning Commission to amend the zoning boundaries from an R-1 (Single Family Dwelling) Zone to an R-3 (Multiple Family Dwelling) or more restrictive, zone, for those certain properties in the City of Bakersfield bounded on the south by Planz Road, on the west by Tract 1878 and on the north and east by the Kern Island Canal (Planz Park #9 Annexation). J6; Bakersfield, California, October 10, 1966 - Page 7 Acceptance of Grant Deed from Howard C. Mobus, et al, for property required for the widening of South "H" Street between Brundage Lane and Ming Avenue. Upon a motion by Councilman Stiern, seconded by Councilman Rucker, Grant Deed from Howard C. Mobus, et al, for property required for widening of South "H" Street right-of-way to its ultimate of ll0 feet between Brundage Lane and Ming Avenue was accepted. Acceptance of Quitclaim Deed from the A. T. & S. F. Railway Company for property along the northerly side of California Avenue between Oak Street and "A" Street. Upon a motion by Councilman Hosking, seconded by Councilwoman Balfanz, Quitclaim Deed from the A. T. & S. F. Railway Company for a 7.5 foot-wide strip of property along the northerly side of California Avenue between Oak Street and "A" Street was accepted. Encroachment Permit granted Bultman, Bianchi and Kelly, Attorneys. Upon a motion by Councilman Hosking, seconded by Councilman Whittemore, Encroachment Permit was granted Bultman, Bianchi & Kelly, Attorneys, for encroachment of office building at 1613 - 16th Street. Hearings. This was the time set for hearing on intention of the Council of the City of Bakersfield to order the vacation of a portion of property return N. E. corner Ming Avenue and Castro Lane in the City of Bakersfield, and the City Clerk reported that this hearing was duly posted and no written protests were received in her office. No one being present to offer any objections, the Mayor declared the public hearing closed. Upon a motion by Councilman Whittemore, seconded by Councilman Hosking, Resolution No. 70-66 of the Council of the City of Bakersfield ordering the vacation of a portion of property return N. E. Corner Ming Avenue & Castro Lane in the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Rucker, Stiern, Whirremote Noes: None Absent: Councilman Park 164 Bakersfield~ California, October lO, 1966 - Page 8 This being the time set for hearing objections to the intention of the Council of the City of Bakersfield to grant gas and electric franchises to the Pacific Gas & Electric Company pursua~1t to the Charter of the City of Bakersfield and the Franchise Act of 1937,. the City Clerk reported that the hearing had been duly advertised and no written objections had been received in her office. Mr. Ray Sirman, District Manager for Pacific Gas & Electric Company, read a prepared statement which he said he hoped would answer any questions the Council might have, stating that the present franchise is a term franchise, but the one the Council is considering this evening is an indeterminate franchise, otherwise the wording is exactly the same as the franchise which they now have with the City of Bakersfield. He stated that the indeterminate franchise permits cheaper financing in Public Utility Bonds, which is reflected in reduced rates. In order to qualify such Bonds for purchase by Savings Banks, etc. the Utility must possess throughout the major portion of the service area, franchises that are either indeterminate or have an assured term of five years beyond the life of such Bonds. This means that if a franchise is not indeterminate, but is for say, fifty year terms, such as they now have with the City of Bakersfield, the new Bonds are issued for 40 years, then the fifty year franchise will only serve to qualify bonds issued for a period of five years after the effective date of the franchise. An indeterminate franchise eliminates the higher rates which would otherwise be required to amortize the cost of plant within the franchise territory during the life of a fixed term franchise. It assures greater financial and plant stability and more readily attracts capital, these circumstances in turn, assure better service to the public. Replacement and improvements can then be made without the threat of renewal of existing or expiring franchises. On the other hand, the City is in no way prejudiced by the grant of the indeterminate franchise. A street use franchise is merely a secondary easement in public streets granted for a public Bakersfield, California, October 10, 1966 - Page 9 utility company to install and operate facilities in such streets, in order to distribute utility service to the public. The franchise is always subordinate to the superior demands and growing needs of the public's primary easement for travel and pedestrian use. This secondary easement for street use franchise is always non-exclusive. It places no restrictions on competition or public ownership, nor does it affect any rights which the City has to condemn the properties of the public utility. It is subject to all the police powers of tlhe state and of a city to regulate and exercise of such franchise in tlhe interests of public safety and welfare. The Pacific Gas & Electric Company now has indeterminate franchises under the Franchise Act of 1937 in 203 of the 206 incorporated cities in which it serves. It was brought out that there are some areas within the City at this time which are served by the Southern California Gas Company, and Mr. Sirman stated that they are not the sole supplier of gas within the City of Bakersfield and the boundaries are established and certificated by the Public Utilities Commission. Councilman Doolin stated that rather than make a determination tonight, he would prefer to study the matter further and continue tile hearing for two weeks. Councilman Hosking stated he would like to hear City Manager Bergen's point of view. Councilman Stiern stated that he too, would like to hear any comments that Mr. Bergen might have, particularly in reference to the monetary return to the City. City Manager Bergen stated it was his understanding that there would be no change in the monetary return to the City, and Mr. Sirman said it would be exactly the same. Mr. Bergen stated that as far as he is concerned the City of Bakersfield does not intend to go into the gas or electric business and that the City enjoys an excellent relationship with the P. G. & E. He stated that he has attempted to evaluate this matter in order to Bakersfield, California, October 10, 1966 - Page 10 make a recommendation to the Council. Currently, the City of Bakersfield does not grant any other utilities an indeterminate franchise. From an administrative point of view, he would recommend that they not award an indeterminate franchise because they cannot foresee what circumstances can lie ahead which would place the City at a disadvantage in the future. They see no advantage to granting an indeterminate franchise, and a disadvantage in that the City will lose some flexibility with its utilities. The City is already pre-empted by the California Utility Commission in the regulation of this type of utility. P. G. and this would & E. has currently been granted a fifty year franchise further eliminate what little control the City retains. At least with a fixed period, the City and P. G. & E. know that within a definite period negotiations will take place for the then existing conditions. P. G. & E. claims that if they are awarded an indeterminate franchise by the cities which they serve, it would make it easier fo:~ them to float bond issues. However, on a state-wide basis, the opera- tion in Bakersfield would be ~nsidered a very small portion and would probably have very little effect on the overall bond sales. From a practical point of view, we find it is difficult to foresee all possible contingencies for a period of fifty years, let alone for an indefinite period, therefore, we would recommend that the City not award an indefinite franchise to P. G. & E. at this time. After further discussion, th~ hearing was continued for two weeks, and this was considered first reading of the ordinances granting franchises to the Pacific Gas & Electric Company for transmitting Gas and Electricity within the City of Bakersfield. 167 Bakersfield, California, October 10, 1966 - Page 11 This being the time set for hearing on motion by the Planning Commission to zone upon annexation to the City of Bakersfield in a C-2-D (Commercial - Architectural Design) Zone, an M-1-D (Light Manufacturing - Architectural Design) Zone; an M-1-T-D (Light Manufacturing Trailer Park - Architectural Design) Zone; an M-1 (Light Manufacturing) Zone; and a "P" -(Parking) Zone, that certain property in the County of Kern located east of Freeway 99, west of Kern River, north of California Avenue and south of Business 99 (Pierce #1 Annexation), the City Clerk reported that this hearing has been duly advertised and posted, with notices sent to all property owners, and no written protests were received in her office. No protests or objections being received, the Mayor declared the public hearing closed~ and after Council discussion, upon a motion by Councilman Hosking, seconded by Councilman Whittemore, Ordinance No. 1645 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 Balfanz, Doolin, Hosking, Rucker, Stiern, Whittemore Noes: None Absent: Councilman Park This being the time set for hearing on a motion by the Planning Commission to amend Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning from a C-1 (Limited Commercial) Zone to a C-2 (Commercial) Zone, for that certaJLn property in the City of Bakersfield located on Chester Avenue between California Avenue and Brundage Lane, the City C~ rk reported that this hearing had been duly advertised and posted and notices were sent to all property owners required by the ordinance, and no written Bakersfield, California, October 10, 1966 - Page 12 protests were received in the City Clerk's office. Findings of the Planning Commission at its regular meeting of September 7, 1966, were read. No one present offering any objections, the Mayor declared the public hearing closed, and after Council discussion, upon a motion by Councilman Stiern, seconded by Councilman Rucker, Ordinance No. 1644 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the land use zoning of this property was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Rucker, Stiern, Whittemore Noes: None Absent: Councilman Park Adjournment. There being no further business to come before the Council, upon a motion by Councilman Hosking, seconded by Councilman Doolin, the meeting was adjourned at 10:00 P.M. MAYOR ~ the City of Bakersfield~-.C~. ATTEST: x ~lerk of the Council of the City of Bakersfield, California Bakersfield, California, October 24, 1966 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. October 24, 1966. The Mayor called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend Julius B. Brooks; of Cain M. A. Methodist Episcopal Church. The City Clerk called the roll as follows: Mayor Karlen. Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Present: Absent: None Minutes of the approved as presented. regular meeting of October 10, 1966 were Scheduled Public Statements. Charles Monk, president of the Bakersfield City Employees introduced Mr. Buck Herron, president of the Kern County Mr. Association, Employees Association, and Mr. Howard Dallimore, General Manager of the Kern County Employees Association, who has just contracted with the Bakersfield City Employees Association to represent them as Acting General Manager. Mr. Dallimore stated he would be appearing before the Council at a later date to review any problems of the Bakersfield City Employees Association. Mr. Paul Arvidson of 2413 Blade Avenue, stated he was unable to be present for the hearing to be held later in the evening on the proposed rezoning of those certain properties in the City of Bakersfield located east of and adjacent to Mr. Vernon Avenue and south of and adjacent to Columbus Street, and he wanted to express his objections to the proposed rezoning to an R-3-D (Limited Multiple Family Dwelling - Architectural. Design) Zone, at this time. Mr. Bill O'Rear, Organizing Director of American Federation of State, County and Municipal Employees, Local 458, appeared before the Council stating that a majority of the employees in the Sanitation Department have signed application cards engaging this Union to act as the collective bargaining agent for this group. He commented on 170 Bakersfield~ California, October 24, 1966 - Page 2 Administrative Directive No. 77, which was sent out to all employees on October 12, 1966, stating that as the organizing director for this Union, he challenged certain statements made in this Directire. He presented t he Council with eleven requests of the outside workers of the Refuse and Sanitation Departments. After discussion, Councilman Whittemore, chairman of the Governmental would arrange a date with Mr. and discuss this matter. Efficiency Committee, stated that he O'Rear to meet with the Committee Mr. James Mason said he had a statement to make as a private citizen, thai he has gone through administrative channels and has not received satisfaction. He asked that something be done to stop the Police Department from revealing his past record to prospective employers and from entering into conferences held by the Local Union acting as bargaining agent for the Sanitation employees. Council Statements. Councilman Stiern said he had a short statement which would take the form of a question or two. He commented on the Argument for Ballot Measure B signed by C. E. Harless, President of the Firefighler's Assocation, stating that he had read it over, thought about it for a number of days, and he sincerely feels that it is difficult to find a statement in it that is entirely factual. He is particularly bothered by the statement which says" We have been assured by members of the City Council that this measure need not raise the tax rate." This statement implicates the whole Council, and he would like to know, arid the people have the right to know, which Councilman has told the £iremen that Measure B need not raise the tax rate. Councilman Doolin said the statement has been made that it would raise the tax rate~ however, he believes Mr. Harless has the right to make this statement~ because he had told Mr. Harless thai in his opinion it would not raise the tax rate. Councilman Rucker said he had also informed Mr. Hatless thai it would not raise the tax rate, because he felt that if the Measure was successful, the taxes would not be increased, that the Council would be able to raise funds to avoid a tax increase. Bakersfield, California, October 24, 1966 - Page 3 Councilwoman Balfanz said she has complete confidence in the staff, and they have assured her that it will raise the tax rate. Councilman Stiern then asked if any Councilman favored a charter change like this which would built in stipulations for the use of cost of living increases as a means of arriving at salary increases. Councilman Rucker said it was forced on the men to take this method. Councilman Whittemore said he from the Council floor which he doesn't He said Mr. Harless was in the audience discussion on this, he should be granted equal time to discuss it also. Councilman Stiern when a ballot measure argument of this kind is put out, it should be as factual as possible. He said he was not campaigning against the firemen, he had no reason to do so, that there are 130 firemen and about 600 city employees, who by and large are excellent employees. There are about 65,000 citizens in the City, and he thinks his first responsibility is to them, and they should have the truth pointed out to them. Councilman Doolin said they could have equalized the pay raise for the firemen this year and still have had a tax reduction. City Manager Bergen qualified his previous statements by pointing out that he had estimated it would cost approximately $410,000.00, and this was equivalent to 41~ on the tax rate. However, to hold the rate rate, it would depend upon whether the Capital Improvement program was reduced, and whether other types of services; were curtailed. Councilman Hosking said he was asked whether he was in favor of a Charter amendment, and he said he was not, because this is "Taxation without Representation." He stated that the City of Bakersfield still has about the highest tax rate of any City in the County in spite of several tax cuts, and he feels that the tax rate should still be reduced in order to attract industry. thinks the issue is being tried think is the right place to do it. and if there was any further Bakersfield, California, October 24, 1966 - Page 4 Councilman Park said a little over two years ago the firemen were given a cut in hours which to the City means an increase in ~ay to the extent of about 5%, last year they were granted a 23% increase, and this year another 5% effective January first. So this is not a matter of the firemen not having received increases. He asked Mr. Doolin how the City was going to raise $410,000.00 without cutting out necessary services or raising the tax rate. Councilman Doolin said they are throwing figures around without getting to the real source of the matter, actually in the last five years the total income has increased about 1s million dollars. Councilman Rucker said he had no intention of getting into any argument on the proposition, that he was quite sure the matter had been thoroughly aired for the citizens, and they would go to the polls on election day and make the right decision. Councilman Stiern said it was going to be very difficult to explain the argument against the ballot measure. A great deal of money is going to be spent by the firemen to persuade the public that they should vote for it. He said he did not know where any money would be coming from to educate the public to the dangers of the measure, and yet everyone he has talked to and explained the measure to, is shocked by the ballot measure, as most of the public assumes that the firemen haven't received a raise in the last ten years, and when they find out what the Council has granted to the firemen, they are beginning to wonder what fhis is all about. He said he had asked a couple of questions tonight which were resented in some quarters, in order to bring out the pitfalls of the measure. He said City employees are going to be fairly treated, but the people of the City should understand the issue. Councilman Doolin stated that merely because a couple of the Councilmen did not agree with this reasoning did not mean they were not looking out for the interests of the people of Bakersfield. J73 Bakersfield, California, October 24, 1966 - Page 5 Mayor Karlen said he wrote the argument against Ballot Measure B because after he read it, he realized it was contrary to what the firemen had originally presented to the Council, and he felt that it was proper for him as Mayor to do so, because he does not feel that the salaries of this City's employees should be tied to the salaries of employees in distant metropolitan areas. Reports. Councilman Whirremote, chairman of the Governmental Efficiency Committee, reported that the Committee has reviewed plans for modification and better utilization of existing office space in City Hall, which would entail remodeling and enlarging the Caucus Room and modification of the Mayor's and City Clerk's offices. These plans are not yet finalized and the Committee will issue a supplemental report to the Council when final agreement is reached. The Committee has also reviewed plans for the modification of the Chief Building Inspector's office, for physical rearrangement of the now vacant Recreation space and its utilization as a conference room and personnel office, and has also examined plans for the modification of the City Manager's office. The Committee recommends approval o£ these modifications, as sufficient funds are available to execute all improvements and modifications as recommended. Upon a motion by Councilwoman Balfanz, seconded by Councilman Park, the report was received and ordered placed on file. Allowance of Claims. Upon a motion by Councilman Doolin, seconded by Councilwoman Balfanz, VouchersNos. 1247 to 1451 inclusive, in amount of $102,020.87, as audited by the Finance Approval Committee, were allowed, and authorization was granted for payment of same. Rejection of bids for construction of a Storm Drain in Lakeview Avenue between Tenth Street and Potomac Avenue. In accordance with recommendation of the Cirector of Public Works, upon a motion by Councilwoman Balfanz, seconded by Councilman Whittemore, bids for construction of a Storm Drain in Lakeview Avenue Bakersfield, California, October 24, 1966 Page 6 between Tenth Street and the Staff was authorized to readvertise this street resurfacing to be done by City forces and pipe to be used as and Potomac Avenue were rejected as excessive, project with asbestos cement an alternate. Adoption of Ordinance No. 1646 New Series of the Council of the City of Bakersfield adding Section 11.04.786 to the Municipal Code (Speed Limit on Bernard Street between Mount Vernon Avenue and Oswell Street.) Upon a motion by Councilman Whirremote, seconded by Councilman Hosking, Ordinance No. 1646 New Series of the Council of the City of Bakersfield adding Section 11.04.786 to the Municipal Code (Speed Limit on Bernard Street between Mount Vernon Avenue and Oswell Street), was adopted by the following vote: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern Whirremote Ayes: Noes: None Absent: None Adoption of Ordinance No. 1647 New Series of the Council of the City of Bakersfield adding Section 11.04.753 to the Municipal Code (Speed Limit on Oswell Street between Bernard Street and Columbus Avenue.) Upon a motion by Councilman Whittemore, seconded by Councilman Hosking, Ordinance No. 1647 New Series of the Council of the City of Bakersfield adding Section 11.04.753 to the Municipal Code (Speed Limit on Oswell Street between Bernard Street and Columbus Avenue), was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whirremote Noes: None Absent: None Bakersfield, California, October 24, 1966 - Page 7 Adoption of Ordinance No. 1648 New Series of the Council of the City of Bakersfield amending Section 7.34.070 of Chapter 7.34 (Cards and Cardrooms) of the Municipal Code of the City of Bakersfield. Upon a motion by Councilman Whittemore, seconded by Councilman Hosking, Ordinance No. 1648 New Series of the Council of the City of Bakersfield amending Section 7.34.070 of Chapter 7.34 (Cards and Cardrooms) of the Municipal Code of the City of Bakersfield, was adopted by the following vote:' Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None Adoption of Resolution No. 71-66 of the Council of the City of Bakersfield acknowledging the receipt of a copy of Notice of Intention to circulate petition for the annexation of territory designated as "Benton Park No. 8", and an Affidavit of Publication thereof, and approving the circulation of the petition. Upon a motion by Councilman Rucker, seconded by Councilwolnan Balfanz, Resolution No. 71-66 of the Council of the City of Bakersfield acknowledging the receipt of a copy of Notice of Intention to circulate petition for the annexation of territory designated as "Benton Park No. 8", and an Affidavit of Publication thereof, and approving the circulation of the petition, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None Adoption of Resolution No. 72-66 of the Council of the City of Bakersfield consenting to the commencement of annexation proceedings for the annexation to the City of Bakersfield of certain inhabited and unincorporated territory in the County of Kern, State of California, contiguous to the City of Bakersfield, designated as "Benton Park No. 8." Upon a motion by Councilman Whittemore, seconded by Councilwoman Balfanz, Resolution No. 72-66 of the Council of the City of Bakersfield consenting to the commencement of annexation proceedings for the Bakersfield, California, October 24, 1966 - Page 8 annexation to the City of Bakersfield of certain inhabited and unincorporated territory in the County of Kern, State of California, contiguous to the City of Bakersfield, designated as "Benton Park No. 8", was adopted by the following vote: Hosking, Park, Rucker, Stiern, Balfanz, Doolin, Whittemore Ayes: Councilmen Noes: None Absent: None Balfanz, calling to A556, Adoption of Resolution No. 73-66 of the Council of the City of Bakersfield calling for the redemption of Series A Off-Street Revenue Bonds Nos. A560 to A556, inclusive, and Nos. A555 to A548, inclusive; for publication of Notice of Redemption of said Bonds, and authorizing the Fiscal Agent to redeem said Bonds. Upon a motion by Councilman Park, seconded by Councilwoman Resolution No. 73-66 of the Council of the City of Bakersfield for the redemption of Series A Off-Street Revenue Bonds Nos. A560 inclusive, and Nos. A555 to A548, inclusive; for publication of Notice of Redemption of said Bonds, and authorizing the Fiscal Agent to redeem said Bonds, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Whittemore Noes: None Absent: None Stiern, Adoption of Resolution of Intention No. 818 of the Council of the City of Bakersfield California, declaring its intention to order the vacation of a Sewer Easement in "B" Street between 16th Street and Truxtun Avenue, in the City of Bakersfield. Balfanz, of Bakersfield, California, declaring its vacation of a Sewer Easement in "B" Street Truxtun Avenue in the City of Bakersfield, Upon a motion by Councilman Hosking, seconded by Councilwoman Resolution of Intention No. 818 of the Council of the City intention to order the between 16th Street and and setting eight o'clock Ayes: Councilmen Balfanz, Doolin, Whittemore Noes: None Absent: None Hosking, Park, Rucker, Stiern, P.M. November 14, 1966, in the Council Chambers of the City Hall as the time and place for hearing on the matter before the Council, was adopted by the following vote: Bakersfield, California, October 24, 1966 - Page 9 Adoption of Resolution of. Intention No. 817 of the Council of the City of Bakersfield, California, declaring its intention to order abandonment of the dedication of Right of Vehicular Access to Elm Street from Lot 1, Tract No. 2815, City of Bakersfield. Upon a motion by Counc i]nan Hosking, seconded by Councilman Doolin, Resolution of Intention No. 817 of the Council of the City of Bakersfield, California, declaring its intention to order the abandonment of the dedication of Right of Vehicular Access to Elm Street from Lot 1, Tract No. 2815, City of Bakersfield, and setting eight o'clock P.M. November 14, 1966, in the Council Chambers of the City Hall as the time and place for hearing on the matter before the Council, was adopted by the following vote: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whirremote Ayes: Noes: None Absent: None Approval of request from Mr. & Mrs. R. Dearderff to connect to City sewer subject to suburban sewer rental agreement. Upon a motion by Councilman Park, seconded by Councilman Hosking, request from Mr. & Mrs. R. Dearderff to connect home under construction at 3501 Mesa Grande to the City Sewer was approved, subject to entering into a suburban sewer rental agreement. Request from Dr. Keith D. and Dan T. Williams for annexation of apartment property located at 124 North Real Road to the City of Bakersfield referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Stiern, seconded by Councilman Hosking, request from Dr. Keith D. Williams and Dr. Dan T. Williams for annexation of 14 unit apartment property located at 124 North Real Road to the City of Bakersfield at the earliest possible date, was referred to the Planning Commission for study and recommendation. Claim for damages from Marlene Thomas referred to the City Attorney. Upon a motion by Councilman Rucker, seconded by Councilman Park, claim for damages from Marlene Thomas was referred to the City Attorney. 178 Bakersfield, California, October 24, 1966 Page 10 Whittemore, November 1, Approval of Step Salary Increases effective November l, 1966. Upon a motion by Councilman Hosking, seconded by Councilman the following step salary increases were approved, 1966: effective R. D. Barget Firefighter E to F R. D. Bellman Asst. Planner C to D J. C. BrazeIron Motor Patrolman E to F Jackie Campbell Secretary E to F M. M. Coday Motor Patrolman E to F A. Cole San. Crewman I C to D R. H. Floyd Patrolman C to D E. L. Harlander Patrolman E to F E. Holladay Motor Coach Operator D to E E. R. Johnson Sanitation Crewman I C to D W. G. Hutchison Clerk Steno I C to D J. D. Minton Firefighter E to F David H. Peterson Patrolman C to D M. E. Stoffel Patrolman C to D Daniel C. Wright Janitor D to E P. W. Yeargan Patrolman C to D B. W. Gault Auditorium Stage Mgr. E to F L. G. Roach Janitor D to E Adoption of Resolution of Intention No. 801 of the City Council of the City of Bakersfield, California. Upon a motion by Councilman Whittemore, seconded by Councilman Rucker, Resolution of Intention No. 801 of the City Council of the City of Bakersfield, California, declaring its intention to order certain acquisitions and improvements within the incorporated territory of said City and within the unincorporated territory of the County of Kern, pursuant to the Municipal Improvement Act of 1913; describing the District to be benefited by said acquisitions and improvements and to be assessed to pay the cost and expense thereof; determining and declaring that Bonds shall be issued under the Improvement Act of 1911 to represent unpaid assessments; ordering a portion of the cost and expense of said acquisitions and improvements to be paid by said City and said County; providing for the use of any surplus amount in the improvement fund after completion of the improvement and referring the proposed acquisition and improvement to the City Engineer to make and file a written report, vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Whittemore None None remaining was adopted by the following Park, Rucker, Stiern, Noes: Absent: Bakersfield, California, October 24, 1966 Page 11 Acceptance of Street Right of Way Deed from Pacific Telephone & Telegraph Company for widening of South "H" Street in the northwest corner of the Planz Road intersection. Upon a motion by Councilman Whittemore, seconded by Councilman Doolin, Street Right of Way Deed from Pacific Telephone & Telegraph Company for widening of South "H" Street in the northwest corner of Planz Road intersection was accepted. Encroachment Permit granted William J. Gerrie to construct retaining wall on Columbus Street. Upon a motion by Councilman Park, seconded by Councilwoman Balfanz, Encroachment Permit was granted William J. Gerrie to construct retaining wall at the alley between Berger Street and Dartmouth Street on the north side of Columbus Street. Approval of Plans and Specifications for the construction of Reinforced Concrete Box Culvert at Williams Street and Eastside Canal. Upon a motion by Councilman Rucker, seconded by Councilwoman Balfanz, plans and specifications for construction of Reinforced Concrete Box Culvert at Williams Street and Eastside Canal, were approved, and the staff was authorized to advertise for bids. Hearing on application by Pacific Gas and Electric Company for granting of Gas and Electric Franchises continued until November 14, 1966. As requested by the Pacific Gas & Electric Company, upon a motion by Councilman Hosking, seconded by Councilman Doolin, hearing' on application by this Company for the granting of Gas and Electric Franchises pursuant to the Charter of the City of Bakersfield and the Franchise Act of 1937, was continued until meeting of November 14,1966. Hearing dropped on appeal by Mrs. Betty L. Mish to the decision of the City Manager denying her application to operate an ambulance service in the City of Bakersfield. Upon a motion by Councilman Rucker, seconded by Councilman Park, hearing scheduled for this time on appeal by Mrs. Betty L. Mish to the decision of the City Manager denying her application to operate an ambulance service in the City of Bakersfield, was dropped, upon Bakersfield, California, October 24, 1966 - Page 12 request of her attorney, Mr. Walter H. Condley. Councilman Hosking requested that the ordinance regulating the operation of ambulance service be referred to a committee for study and possible revision or repeal. Mayor Karlen appointed Councilman Doolin, chairman, and Councilmen Hosking and Stiern to serve on this special Council City Attorney instructed to prepare Ordinance for consideration at next Council meeting, amending Title 17 of the Bakersfield Municipal Code to fezone those certain properties in the City of Bakersfield located east of and adjacent to Mr. Vernon Avenue and south of and adjacent to Columbus Street. Committee. This being the time set for hearing on amending the zoning boundaries from an R-1 (Single Family Dwelling) Zone to an R-3-D (Limited Multiple Family Dwelling - Architectural Design) ormore restrictive, Zone, and to a C-2-D (Commercial - Architectural Design) or more restrictive, Zone, for those certain properties in the City of Bakersfield located east of and adjacent to Mr. Vernon Avenue and south of and adjacent to Columbus Street (Oswell #5 Annexation), written protests were read from the following: Mr. & Mrs. W. S. Harris Mrs. Joyce Martin Mrs. Mary Ann Hebert Mr. & Mrs. C. T. Pyle Mr. & Mrs. Clair Ghylin Mr. & Mrs. John Campbell Mr. & Mrs. B. J. Vecera Mr. & Mrs. B. J. Winter Mr. & Mrs. Bud Armistead Mr. & Mrs. Trinidad Valdez Mr. & Mrs. Mr Mr Mr Mrs Mr Mr Mrs Mrs. Ward F. Fulcher & Mrs. Claude W. Pierce & Mrs. Bud Carmichael & Mrs. M. K. Scribner Carl Bahlen & Mrs. Bill Jacobs & Mrs. Irving M. Pridha Mary Ann Buechler Ruth McBride All of the above property owners objected to the proposed R-3-D zoning of those properties south of and adjacent to Columbus Street between the JLJ Apartment complex and Pasadena Street, and requested that if anything was built in this area, that the height be restricted to one story. Mr. William M. McClure of 2703 Pasadena Street and Mr. David Cross, architect representing Mr. Benton who owns property on the southeast corner of Freeway 178 and Mr. Vernon Avenue, spoke in favor of the rezoning. Bakersfield, California, October 24, 1966 Page 13 The following persons addressed the Council expressing opposition to the rezoning to anR-3-D Zone: Leonard P. Tannen Fritz N. Pusch Harry Porter Bruce Resseguie Trinidad Valdez Mary Ann Hebert Joe Zak 2700 Driller Avenue 2719 Clemson Court 2901 Staunton Court 2912 Mt. Vernon Avenue 3017 Roanoke Court 3013 Roanoek Court 2819 Loyola Street Mr. Zak requested information regarding the development o£ the south side of Columbus Street. Councilman Park said he understands ~at the south side of Columbus Street will not be improved until such time as development has occurred all along the street, as the developer will be committed to contribute for a certain portion of the work. This is one reason that development along Columbus Street should not be undly retarded, in order to have the street improved as soon as possible. Both sides were given time to make a summation of their arguments, after which time the Mayor declared the public portion of the hearing closed. man Council/-~ern stated that he fails to see why it is imperative to do anything at this time, as he understands there is no proposed development for zoning this area R-3-D. When a developer presents his plans to the Council, then this area could be rezoned. Councilman Park made a motion, seconded by Councilman Stiern, that the City Attorney be instructed to prepare am ordinance for consideration of the Council at the next meeting, to accept the Planning Staff's recommendation, as per the map on file, with the exception of thatportion south of and adjacent to Columbus Street and 178 Freeway between the JLJ apartment complex and Pasadena Street, which is to be zoned R-1 (Single Family Dwelling) Zone. This motion carried unanimously. Councilman Park said he sees no reason for rezoning this property at the present time, however, he would not be fair to the people in his ward if he let them leave the Council Chambers feeling 182 Bakersfield, California, October 24, 1966 - Page 14 that the R-1 zoning would be a permanent thing. If and when, a reasonable and acceptable R-3-D development is proposed, he said he is very likely to go along with that type of development rather than see the property be indefinitely undeveloped, and the south side of Columbus Street not being improved. Executive Session. The Council recessed at 10:55 P.M. session in the Caucus Room. Adjournment. The Council reconvened following and upon a motion by Councilman Whittemore, Stiern, the meeting was adjourned at 11:25 to hold an executive the Executive Session, seconded by Councilman Po Mo MAY~)kXof the City of Bakersfield, Cali~: ATTEST: CITY CLE~R ~a~-~f~lc~o~~he Council of the City of Bakersfield, California Bakersfield, California, October 31, 1966 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. October 31, 1966. The Mayor called the meeting to order followed by the Pledge of Allegiance and the Invocation by the Reverend Henry Berg of University Avenue Christian Church. Present: Absent: The City Clerk called the roll as Mayor Karlen. Councilmen Balfanz, Rucker, Stiern, Whirremote None Minutes of follows: Doolin, Hosking, Park, the regular meeting of October 24, 1966 were approved as presented. Scheduled Public Fire Chief Charles Linnell scheduled statement: Statements. submitted the following Mr. Mayor, Mrs. Balfanz and Gentlemen: Many people have asked me how I stand on City Ballot Measure "B" which attempts to "lock-in" salaries of my Department with those of nine other departments in the state. In order to make my position clear, I am taking this way - a statement to the City Council - to answer. For many years the Bakersfield City Council has supported the programs of the Fire Department, reflecting, I believe, great faith in the management and staff of the Department. We have the equipment, the plants, the training program, and the manpower to number our Fire Department among the best in the country. I repeat it has been with both the support of the City Council and firemen which has brought us to this enviable position. With this realization, I can't help but believe that the Council will continue to support its Fire Department,%hether we're talking about equipment or salary. And in the belief that you gentlemen - and Mrs. Balfanz - should be able to judge the needs and wants of this Department, rather than a City Council several 184 Bakersfield, California, October 31, 1966 - Page 2 hundreds of miles away, I feel strongly that the Council's responsibility in determining rates of pay will be re-assessed and corrected at the next Budget Session. Don't misunderstand me, I am a strong supporter of my men and believe firmly that my firemen have been instrumental in making the Department among the best in the country. I furlher recognize their right, under the law, to organize a union, (though I find some conflict between union membership and civil service protection.) But, as the Chief of the Department, I do not support the aims of the union in this matter. And on another facet of the current problem, I don't want my department compared with any other City's department for purposes of salary. Each City's department is unique and has distinctive problems. Let each stand on its own merils. Again, let me repeat that, as Chief of the Bakersfield Fire Department, I am confident that this Council will deal with my Department fairly in the malter of salaries. We do compete with other nearby fire departments for manpower, and where other departments have the advantage in pay, including other benefits, we are bound to come out second best when it comes to recruitment. Department morale suffers when there is a disparagement in pay between our men and their colleagues in other cities. Where this is the case, it is my job to point it out to you and the Administrative Staff. Working together, we can and must, at the local level, solve these problems as they arise. Both Mayor Karlen and Councilman Park thanked Chief Linnell for appearing before the Council and making this statement. Councilman Doolin asked Chief Linnell if he had been encouraged in any way to make this statement, and Chief Linnell answered thai he had not been. 185 Bakersfield, California, October 31, 1966 - Page 3 Correspondence. A notice from the Public Utilities Commission advising of a hearing to be held in the Police Auditorium on December 6, 1966 on an application of the California Water Service Company for an order authorizing it to increase rates charged for water service in its Bakersfield District, exclusive of the area formerly served by the Crest Water Company, was read. Upon a motion by Councilwoman Balfanz, seconded by Councilman Rucker, request from the City of Delano that the City Council adopt a resolution requesting the repeal of the "Matching Funds" section of the Collier-Unruh Act on street improvement was referred to the City Attorney for study and report back to the Council. Council Statements. Councilman Doolin asked if the Administrative Staff was making any type of study on the proposal of the California Water Service Company to increase water rates. City Manager Bergen said they had not attempted to make any detailed study on it, they have tried to evaluate the changes, etc., but they will furnish the Council with information in an A~ministrative Report. Councilwoman Balfanz said at the risk of repeating some of the things already stated by Chief Linnell - she was unaware that he intended to make a statement - she wished to make the following statement: Mr. Nayor and Gentlemen: I would like to take this opportunity to express myself publicly on the forthcoming issue to be decided at our General Election on November 8th. I feel that this issue is of overriding concern to all the people of Bakersfield. Unfortunately, in the maze of the state-wide campaign, with the many constitutional amendments appearing on the ballot, I am afraid that a one-sided presentation of the issue has developed. I refer to the Ballot Proposition B on the question of salary raise for our Fire Department. This measure has very, very serious implications for our City and those implications must be Bakersfield, California, October 31, 1966 - Page 4 brought to light if the people are going to have an opportunity to vote intelligently on this question. I think the facts in lhe matter speak for themselves. What this measure will do will be in effect to take away the sovereignty of our City to an overwhelming degree. The truth of the matter is that this ballot proposition seeks to force the City to pay the wage rate of the San Francisco and Los Angeles areas. Of course, if this measure were successful, the City could hardly be expected to treat the Fire Department differently from other departments of the City. And why should we? It certainly cannot be argued that any Department of the City is more valuable than another. We need the Fire Department as we need the Police Department and our Sanitation Department, or our Street maintenance people, all of the City's personnel do essential work and we simply cannot give one department preferential treatment over another department. Therefore, we should anticipate increasing the wages of all our employees in line with the salary rate received by the Fire Department if Measure B carried. May I speak as a member of the Governmental Efficiency Committee, the Committee which has the responsibility for studying and recommending salary rates. In the printed argument for Measure B il has been stated that due lo an omission in the Charter of the City of Bakersfield, no guide lines or standards exisl for use in establishing compensation for members of the Bakersfield City Fire Deparlment or other city employees.. This is tofally false. The Fire Department, as well as all other departments of the City of Bakersfield, knows that guide lines do exist and have been clearly expressed to all employees. They simply need only refer to the Governmental Efficiency Committee's report of this June as an example of our guide lines. We attempt to pay all our employees a fair rate based upon the type of work they do and in accordance with the supply and demand of our local labor market. We also yearly take a salary survey to be sure lhal our salary rates are not out of line with the salary rates paid by other comparable cities in the State. 1 S7 Bakersfield, ¢al±forn±a, OctoDer 31, 1966 - Page 5 What the Firemen's Union has sought to do with the Measure is to tie us into 22 jurisdictions, mostly settled around the San Francisco Bay area and the Los Angeles basin, where these adjoining cities are extremely competitive in hiring fire personnel and where the cost of living is higher than here in Bakersfield. Certainly, no citizens in business for himself, would wish to pay artificial salary rates dictated from another part of the State. At this moment, I wonder how many people are aware of what the average ~re fighter's salary is? Presently, the average fire fighter receives $545.00 per month, and in January, he will be receiving $604.00 per month. Above and beyond this, he receives the liberal fringe benefits of vacation and health and accident insurance, and we might add that with the Firemen's retirement plan, and I want this to be emphasized, with the Firemen's retirement plan, he receives more from the City than any other employee by almost 2~%. As was illustrated in the report prepared by the staff, our salary comparisons with these 22 jurisdictions, we have about six classifications of our Fire Department that are actually receiving higher salaries in comparison with these other cities. It should be understood very clearly that if this Measure is successful, it will impose a very heavy financial burden on the City of Bakersfield and will increase our property taxes substantially. The people should understand this, they will be voting to increase their property taxes perhaps as much as 40~ or 45~ or possibly higher, when they vote November 8th, and they can expect to be forced to increase their tax rate any time there is a change among the majority of these 22 jurisdictions. As has been pointed out in the information supplied by the staff, salaries and fringe benefits represent 70% of the operating budget, and the people and the Council will lose effective control of 70~ of their budget. I would like to add here again, as a member of the Governmental Efficiency Committee, we have met often and spent long hours in trying Bakersfield, California, Octoher 31, 1966 - Page to establish equitable salary rates for all our employees. We have met with various employee groups, studied salary surveys and other information before making these decisions. And in all that time during the long months of budget preparation, never once has the Firemen's union approached the Governmental Efficiency Committee to present their views on salary rates. It is not my purpose to argue tonight what the rate of salary compensation for our Fire personnel should be, but rather to indicate the very harmful effects this measure will produce.. The Firemen's salaries are always subject to review by the Council and any time there is agreement among four members of the Council, salary rates for any employee may be changed. But this measure will bind the City by charter amendment to pay Firemen's salaries. To the people of Bakersfield it means that no longer can their elected representatives, the Councilmen, speak for them on this subject. I do not think the people of Bakersfield want to give up control over their local affairs because the Firemen's Union believes that Firemen should be paid more, money. The other implications of this measure are perhaps more subtle, but nevertheless, just as real and meaningful to our City. Should this measure prove successful and force our tax rate up, as I feel it will, what will this effect be? Well, the immediate effect will be to undo all the hard work and diligence this Council has put in to get our tax rate down to a tolerable level. We have been success- ful in the past several years in maintaining a stablized tax rate. This was not an easy task and we accomplished this without sacrificing a high level of service provided to the people of this City. All of this will go out the window, I feel, If this measure is successful. The other effects cannot be measured as quickly as an increase in your tax bill, but it can be taken for granted that industry, and that means city growth and new jobs for our people, will be discouraged because of our increased cost of government and the demonstration that the people of Bakersfield no longer have the responsibility for running their own affairs but must follow the lead of 21 other cities with different, different characteristics, different needs, different tax bases and resources. Bakersfield, California, October 31, 1966 - Page 7 It is for the reasons that I have mentioned and other fears which I have not mentioned, I would appeal to all of our people in Bakersfield to study Ballot Proposition B very carefully before cast- ing their vote one week from tomorrow. I am convinced that if the people have an opportunity to hear both sides of the question, they will not be lured into voting for bad government by emotional appeals, and if they study this measure carefully, keeping in mind that we are not discussing what a Firemen's salary should be, but rather how the City will be dictated to in setting salaries, I am convinced that if the people hear both sides, they will, as always in the past, act with responsibility and vote "NO" on Proposition B and keep control over their City government. Thank you for your attention. The Council and the Mayor then engaged in a discussion regarding fire personnel salaries and the co~t to the taxpayers if Ballot Measure B should prove successful. Mayor Karlen said that he had a statement. I would like to take this opportunity to read an Appraisal and Selection of Industries for Industrial Development which I had given to you earlier. First of all, the seminar was a success in many ways, and I have made this statement and can bear it out that there is an in- dustry that is currently anticipating locating in our area and we have a letter to the effect that we are now number one on the list. In fact, i have already met with the representatives here about location in this area, and the representative is talking to various people in this area for his corporation. The Mayor then read the proposal submitted by Mr. John R. Sargent of the Firm of eresap, McCormick and Paget, Management Con- sultants of New York City. He said thereason for reading it was not for action at this time, but he wanted the Council to know that he had asked for it, they did not volunteer it, and it is not necessarily something that he is asking the Council to consider at this time. This is an indication of what a company of this type thinks are the best steps the City should take for industrial develop- Bakersfield, California, October 31, 1966 - Page 8 ment and it falls in line with what Mr. Whittemore has suggested in his previous report to the Council of his study up north. The Mayor stated that he was very pleased with the seminar from the standpoint that results can be anticipated in the future and that all the parti- cipants felt that it was a very worthwhile experience. Councilman Whittemore said he appreciated the proposal, he thinks all the Council does, but perhaps this firm was not aware that in 1957 the Stanford Research Institute made basically the same survey and appraisal for the Greater Bakersfield area. The Mayor said they were not aware of it because he did not tell them at the time. Councilman Whittemore said the basic information that they are offering here is available in this report, it is quite comprehen- sive, and he did refer to it in his report of September 26, 1966. Upon a motion by Councilman Hosking, seconded by Council- man Park, the proposal was received and ordered placed on file and referred to the Council Industrial Committee. Reports. Some weeks ago the Council instructed the staff to pursue, with the State Division of Highways, the possibility of obtaining a full interchange at Mr. Vernon Avenue and 178 Freeway. They are presenting at this time an interim report of this meeting and will proceed with the necessary studies and discussions with the County of Kern and the Division of Highways with the idea of actually getting this full interchange constructed at this location. Mr. Jing, Director of Public Works, reviewed the interim report with the Council and Mr. Bergen said they would keep the Council informed of progress made by the administrative staff. Councilman Whittemore, chairman of the Industrial Develop- ment Committee, read the following report: This past Friday, October 28, 1966, I had an opportunity to represent the City of Bakersfield for the Council's Industrial Bakersfield, California, October 31, 1966 - Page 9 Development Committee at a California State Chamber of Commerce meeting on Industrial Development in the San Joaquin Valley. I would. like to compliment the State Chamber and our Bakersfield Cha~ber Manager, Mr. George Barton, for bringing about this excellent confer- ence with a list of distinguished experts in their field. Several items emerged from this conference which have a direct relationship. to our industrial effort here in Bakersfield and I would like to mention these to the Council for their information. First, and probably most important, it was stated that for a community to prepare for industrial development, it must be able to assure the potential industrial developer that land prices will be firm and fair. A new industry looking for a location may take six to nine months or longer, to make its final decision. If in this inter- vening period of time the price of the land increases substantially, it may, of course, be reason enough for the community to lose a new business. As mentioned in our report of September 26, 1966, we hope that a Local Development Corporation could overcome the obstacle by purchasing the land and assuring that the price of the land will re.- main firm and fair. Fresno is able to do this through an Industrial Sites Foundation. It was also discussed at this conference, that Bakersfield is in a very good position to attract consumer-oriented industry particularly those that would serve Los Angeles and other Southern California areas; and our community effort should be directed toward this type of industry. Another factor mentioned by the panelists, which consisted of people ill industry themselves, was that many communities have lost a potential industry b.eoaase of lack of sites and confusion of the inability to supply a potentialindustry with basic information. These panelists emphasized that what any industry needs is a one-stop service to get the basic information. Therefore, our community must insure that we have a system developed, or a central clearing house, that can answer all questions for a new business and is capable of supply- ing all the information that new business would need or require. Bake rsf ie ld, California, October 31, 1966 - Page 10 ~' Another item of interest that emerged from this conference was that industry is interested in stable government and will normally have an acceptance of the current tax rate if they can be relatively sure that the local government's attitude towards industry is positive. As was pointed out at this conference, a lower tax rate can often times be misleading. They want to know what the tax rate will provide the industry by way of services. The industry wants to know what its tax dollars buy and consideres the business climate as being defined as what the community's feeling is towards industrial growth and what steps they have taken to develop that growth, Our tax rate has been stable or reduced while at the same time we have good schools, recreation areas, churches, etc. All-in-all this conference indicated to me that we here in the City of Bakersfield are on the proper course and the full Industrial Development Committee will be reporting to the Council very shortly on our recommendations to continue and make further progress in our industrial promotion effort. Upon a motion by Councilman Rucker, seconded by Councilman Hosking, the report was received and ordered placed on file. Approval of Contract with Greater Bakersfield Chamber of Commerce. Upon a motion by Councilman Whittemore, seconded by Council- man Hosking, full contract in amount of $29,500.00, was approved with the Greater Bakersfield Chamber of Commerce, and the City Attorney was requested to draw same. At this time, Councilman Doolin requested that Mr. Chuck Thomas, member of the Firefighters Association Executive Board, be granted time to speak to the Council. Mr. Thomas told the Council that other cities had had experience with the type of Charter provision proposed by Ballot Measure B, one of which is Fresno. He read letters from two Fresno Council members supporting their Charter amendment and stating that the plan had worked for the benefit of the city and the employees. Bakersfield, California, October 31, 1966 - Page 11 Allowance of Claims. Upon a motion by Councilman Doolin, seconded by Councilman Rucker, Vouchers Nos. 1452 to 1522 inclusive, in amount of $29,339.35, as audited by the Finance Approval Committee were allowed, and authorization was granted for payment of same. Acceptance of low bid of American Rubber Company to furnish Fire Hose. Upon a motion by Councilman Park, seconded by Councilman Stiern, low bid of American Rubber Company in amount of $10,309.05, to furnish Fire Hose, was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Adoption of Ordinance No. 1629 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 east of Mount Vernon Avenue and south of Columbus Street. Upon a motion by Councilman Park, seconded by Councilman Hosking, Ordinance No. 1649 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 east of Mount Vernon Avenue and south of Columbus Street, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whirremote Noes: None Absent: None Request from B. S. Dallimore, General Manager of Bakersfield Employees Association, re payroll deductions, referred to the Governmental Efficiency Committee. Upon a motion by Councilman Stiern, seconded by Councilman Rucker, request from B. S. Dallimore, General Manager of Bakersfield Employees Association, that miscellaneous employees of the City of Bakersfield be granted payroll deductions for Association dues, was referred to the Governmental Efficiency Committee for study and recommendation . 194 Bakersfield, California, October 31, 1966 - Page 12 Claim for damages from Mrs. Harvel E. Pollard, referred to the City Attorney. Upon a motion by Councilwoman Balfanz, seconded by Councilman Park, claim for damages from Mrs. HarYel E. Pollard was referred to the City Attorney. Balfanz, Attorney. Claim for damages from Ben O. Millar referred to the City Attorney. Upon a motion by Councilman Stiern, seconded by Councilwoman claim for damages from Ben O. Millar was referred to the City Date set for hearing before the Council on appeal by Charlotte Bumgarner to decision of the Board of Zoning Adjustment denying her application for a variance. Upon a motion by Councilwoman Balfanz, seconded by Councilman Park, date of November 21, 1966 was set for hearing before the Council on appeal by Charlotte Bumgarner to decision of the Board of Zoning Adjustment denying her application for a variance of an R-1 (Single- Family Dwelling) Zone to permit the construction of an additional unit on property with an existing triplex on that certain property in the City of Bakersfield commonly known as 2550 Eggers Street. Encroachment Permit granted Doris Hunter to construct chain link fence at 2730 Parkway. Upon a motion by Councilman Rucker, seconded by Councilman Stiern, Encroachment Permit was granted to Doris Hunter to construct a four foot chain link fence at 2730 Parkway. Extension of time granted Francis E. Jacobs Construction Company for completion of Contract for the paving and improving of Columbus Street. Upon a motion by Councilman Doolin, seconded by Councilman Whirremote, ~ive day extension of time to November 9, 1966, was granted Francis E. Jacobs Construction Company for completion of Contract for paving and improving of Columbus Street. Councilman Park voted in tlhe negative on this motion. 95 Bakersfield, California~ October 31, 1966 - Page 13 Adoption of Zoning Resolution No. 198 denying variance of the Land Use Zoning Ordinance of the City of Bakersfield affecting that certain property as hereinafter described and zoned as an R-2 (Two-Family Dwelling) Zone to permit the construction, operation and maintenance of a 24 unit apartment building on that certain property commonly known as 701 to 715 "A" Street. This being the time set for hearing on an appeal of James E. Smith to decision of the Board of Zoning Adjustment denying application requesting a variance of the land use zoning ordinance of the City of Bakersfield affecting that certain property zoned R-2 (T%vo-Family Dwelling) Zone to permit the construction, operation and maintenance of 24 apartment uni~s~ on that property commonly known as 701 through 715 "A" Street, the City Clerk reported that this hearing had been duly advertised and posted and notices sent out as required by the zoning ordinance. Findings of Fact of the Board of Zoning Adjustment were read. Communications received from property owners and neighbors in favor of the application of James E. Smith were re;~d as follows: Petition signed by 68 persons in the neighborhood Letters from the following: Walter Lyde 639 "A" Street E. H. "Toby Sears Don F. Clark 402 "A" Street Anthony Karelsen 712 Pine Street C. F. Rensel 7-11 Market 2331 Chester Lane Mrs. Garland R. Ferrell 603 "A" Street Judy Lackey Mr. Tony Karelsen, Mr. Don Clark~ Mr. Brian Lackey, Mr. Dave Cross, Mr. C. E. Rensel of the 7-11 Market, Mr. Warren Fike, contractor for the construction of the apartments, and Mr. James Smith~ the applicant, all spoke in favor of the application and urged the Council to grant the variance. Communications opposing the application were read as follows: Petition containing the signatures of 48 persons either residing or owning property in the neighborhood Letters from: Alta Murray 2411 Chester Lane Emma B. Wisham 2426 Chester Lane Mildred B. Percie 2500 Chester Lane Lloyd & Eva Scroggins 2423 and 2425 Chester Lane Martha C. and Guy E. Banister 2400 Chester Lane Geroge C. and Stella M. Diffenbaugh 419 Pacific Street Bakersfield, California, October 31, 1966 - Page 14 Stella B. Harper George O. Slusher Lowell Sayre Ludwina Banducci 2607 and 2609 Chester Lane 624 Pine Street 610, 612 and 614 Pine Street 616 Pine Street Mr. Don Doll, Mr. Thayne Hacking, Mr. Lowell A. Folks and Mrs. Lesh Forrest addressed the Council in protest to the granting of the variance pointing out the already overcrowded condition the traffic hazards and the lack of parking space in this area, without the construction of 24 additional apartments. Both the proponents and opponents were given an opportunity to offer a rebuttal to the arguments presented, after which time the Mayor declared the public portion of the hearing closed. The Council engaged in a very through discussion of the application for the variance and upon a motion by the Councilman Stiern, seconded by Councilman Hosking, the decision of the Board of Zoning Adjustment was upheld and Zoning Resolution Na 198 denying the variance was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None Adoption of Ordinance No. 1650 New Series amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield. This being the time set for hearing on motion by the Planning Commission to zone upon annexation to the City of Bakersfield to an R-S (Residential Suburban) or more restrictive, Zone, that certain property in the County of Kern located on the northeast corner of the intersection of Watts Drive and Cottonwood Road (Casa Loma #1 Annexation), the City Clerk reported that this hearing had been duly advertised and notices sent to all property owners, and no written protests had been received in her office. No one being present to offer any objections to the proposed rezoning, the Mayor declared the public hearing closed, and upon a motion by Councilman Hosking, seconded by Councilman Stiern, Ordinance No. 1650 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 Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None City Attorney instructed to prepare 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. This being the time set for hearing on Phase II of the 1966 Weed Abatement Program of the City, the Director of Public Works submitted the following report: 30 Vacant Lots were posted with "Notice to Destroy Weeds" between August 29, 1966 and September 2, 1966 Cards were mailed to the owners of the posted lots on September 13, 1966 Second inspection was made on September 26, 1966 and there were 11 non-compliances On September 29, 1966, registered letters were sent to the owners of the 11 parcels plus 4 additional parcels where complaints had been received Third inspection was made on October 31, 1966, and there were 6 non-compliances No one present offering any objections to the program, upon a motion by Councilman Hosking, seconded by Councilwoman Balfanz, the City Attorney was instructed to prepare a resolution for adoption at the next Council meeting, finding that certain weeds growing on property in the City of Bakersfield constitute a public nuisance and directing the Superintendent of Streets to destoroy said weeds, and any other papers for awarding a contract to destroy the weeds. Bakersfield, California, October 31, 1966 Page 16 Adjournment. There being no further business to come before this Council, upon a motion by Councilman Stiern, seconded by Councilman Hosking, the meeting was adjourned at 11:20 P.M. MAYOR of the City of Bakersfield, ~al~f. ATTEST: CITY CLER~ and Ex-Officio Clerk of the Council of the City of Bakersfield, California Bakersfield, California, November 7, 1966 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. November 7, 1966. The Mayor called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend Daniel McDowell of Pleasant View Baptist Church. The City Clerk called the roll as follows: Present: Mayor Karlen. Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Absent: None Minutes of the regular meeting of October 31, 1966 were approved as corrected. Correspondence. Upon a motion by Councilman Doolin, seconded by Councilman Whittemore, communication from Mr. Reno D. Zanotto, in connection with the construction of two malls in the downtown area, was received and referred to the Council Industrial Council Statements. Councilman Whirremote stated Development Committee. that the owner of a downtown business had brought to his attention that had informed him in a letter that the cost service in his business would be $4,101.98, the Bakersfield Cable TV, Inc. of installing Cable TV as in accordance with the city franchise, installation charges for all commercial outlets are based on actual costs. Also, two other business houses in the downtown area had advised him that their installation charges would be $3,900.00 and $4,600.00. Councilman Whittemore said at the time the franchise was granted to this company, it was agreed that the entire city of Bakersfield would be served, but he does not think the installation costs for commercial outlets should include the cost of the transmission lines. He said he doesn't know anything about cable television costs, but he does know it doesn't cost $4,101.98 for a service drop from a post into an establishment. This is not in keeping with the spirit which the franchise was granted, and he said he would like to have Bakersfield, California, November 7, 1966 - Page 2 the letter referred back to the Council, and if would like to have an order exorbitant. to the City Manager for investigation and report it seems necessary at a future date, he to show cause why these charges are so Councilman Doolin said it was his understanding when the franchise was granted that the commercial service would be similar to the residential service. Councilman Whittemore said that was correct, the only difference is the cost of the installation itself, which certainly should not include the cost of the transmission lines from the transmitter to the receiver. Councilman Stiern said he would like to make an additional comment to Councilman Whittemore's. The owner of a 21 unit motel in the City complained to him about the installation fee which was quoted to him, stating that he thought it was excessive. He asked that in the referral to the City Manager multiple installations for motels also be investigated. Councilman Hosking agreed with both Councilmen Whirremote and Stiern, stating that most of the downtown businesses are in his ward and he has been approached on it too. He said no one anticipated receiving a $4,000.00 bill to hook up their business to the cable. He said if the City was bound by a franchise agreement which permits this, he would suggest that the franchise either be amended or revoked. Councilman Whittemore said he would accept Councilman Stiern's amendment, and Councilman Stiern seconded the motion to refer the matter to the City Manager for future report back to Allowance of Claims. Upon a motion by Councilman Doolin, Rucker, Vouchers Nos. 1523 to 1625 inclusive, as audited by the Finance Approval Committee, the Council. seconded by Councilman in amount of $91,488.39, were allowed, and authorization was granted for payment of same. Bakersfield, California, November 7, 1966 2O3 Page 3 Approval of Budget Transfers. Upon a motion by Councilman Doolin, seconded by Councilman Rucker, the following budget transfers were approved: 1. Transfer $3,690.00 from Fund 25-616-9992 to 25-520-7100 In accordance with plans submitted to the City Council for furnishings, etc. in the City Manager's office, personnel section and conference room 2. Transfer $2,080.00 from Fund 25-616-9992 to 25-510-7100 In accordance with plans submitted to the City Council for drapes and furnishings in the Council Chambers 3. Transfer $900.00 from Fund 25-616-9992 to 25-616-9200 In accordance with plans submitted to the City Council for partitions and lighting in the Building Department and the Personnel Office Conference Room 4. Transfer $4,269.46 from Fund 25-640-9200 to 27-590-9400 Cover deficit in Bond issue of $125,000.00 for construction of new Fire Station #7 Approval of Contracts with the Greater Bakersfield Chamber of Commerce for advertising the City and promoting the Industrial Development of the City. Upon a motion by Councilman Whittemore, seconded by Councilman Doolin, contracts with the Greater Bakersfield Chamber of Commerce for the service of advertising the City and promoting the Industrial development of the City were approved, and the Mayor was authorized to execute same. Approval of Amendment #1 to Agreement No. 24-65 with the Bakersfield Community House. Upon a motion by Councilman Hosking, seconded by Councilwoman Balfanz, Amendment #1 to Agreement No. 24-65 between the City of Bakersfield and the Bakersfield Community House was approved, and the Mayor was authorized to execute same. Adoption of Resolution No. 64-66 finding that certain Weeds growing on property in the City of Bakersfield constitute a Public Nuisance and directing the Superintendent of Streets to destroy said Weeds. Upon a motion by Councilman Stiern, seconded by Councilman Park, Resolution No. 74-66 finding that certain Weeds growing on Bakersfield, California, November 7, 1966 - Page 4 property and directing the Superintendent of Streets was adopted by the following vote: in the City of Bakersfield constitute a Public Nuisance to destroy said Weeds, Ayes: Councilmen Balfanz, Doolin, Whittemore Noes: None Absent: None First Hosking, Park, Rucker, Stiern, First reading of an Ordinance Altering the Boundaries of the First, Second, Third, Fourth, Fifth, Sixth and Seventh Wards of the City of Bakersfield, California. reading was given an Ordinance altering the boundaries of the First, Second, Third, Fourth, Fifth, Sixth and Seventh Wards of the City of Bakersfield. Contract Agreement for Refuse Collection of Unincorporated Areas when annexed, referred to the Governmental Efficiency Committee. Upon a motion by Councilman Stiern, seconded by Councilwoman Balfanz, Contract Agreement for Refuse Collection of the unincorporated areas when annexed, was referred to the Governmental Efficiency Committee with request that action be taken on the agreement as soon as possible. Date set for hearing before the Council on amending the Text of the Zoning Ordinance to establish an R-S-1A (Residential Suburban One Acre Minimum Lot Size) Zone. Upon a motion by Councilman Whittemore, seconded by Councilman Stiern, date of November 28, 1966 was set for hearing before lhe Council on recommendation of the Planning Commission to amend the Text of the Zoning Ordinance to establish an R-S-1A (Residential Suburban One Acre Minimum Lot Size) Zone. Date set for hearing before the Council on amending the zoning boundaries of that certain property in the City of Bakersfield located at the northeast corner of Vernon Avenue andColumbus Street. Upon a motion by Councilman Park, seconded by Councilman Stiern, date of November 28, 1966 was set for hearing before the Council on recommendation of the Planning Commission to amend the Bakersfield, California, November 7,1966 - Page 5 zoning boundaries from an R-1 (Single Family Dwelling) Zone to a C-1-D (Limited Commercial - Architectural Design) or more restrictive, Zone; to a C-O-D (Professional Office - Architectural Design) or more restrictive, Zone; and to an R-3-D (Limited Multiple Family D~elling - Architectural Design) or more restrictive Zone, for that certain property in the City of Bakersfield located at the northeast corner of Mr. Vernon Avenue and Columbus Street. Acceptance of Deed from Waldo M. and Loretta A. Harvey. Upon a motion by Councilman Doolin, seconded by Councilman Rucker, Deed from Waldo M. and Loretta A. Harvey for property north of Terrace Way on the west side of the existing South "H" Street right of way, was accepted. Acceptance of City Engineer's Report under the Municipal Improvement Act of 1913 on proposed acquisitions and improvements for ]Public Improvement District No. 801 (White Lane and Hughes Lane.) Upon a motion by Councilman Whittemore, seconded by Councilman Hosking, the City Engineer's report under the Municipal Improvement Act of 1913, on proposed acquisitions and improvements for Public Improvement District No. 801 (White Lane and Hughes Lane) was accepted and ordered placed on file. Approval of Change Order #1 - Remodeling of Council Chambers. Upon a motion by Councilman Stiern, seconded by Councilman Park, Change Order #1 to T. E. Brooks for the Remodeling of the Council Chambers in amount of $119.34, was approved. Mayor authorized to execute Notice of Completion for Remodeling of Lobby and Council Area in the Council Chambers. Upon a motion by Councilman Whittemore, seconded by Councilman Hosking, the Work was accepted, and the Mayor was authorized to execute the Notice of Completion for Remodeling of Lobby and Council Area in the Council Chambers. Bakersfield, California, November 7, 1966 - Page 6 Hearings. This being the time set for hearing on a motion by the Planning Commission to amend Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning 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 bounded on the south by Planz Road, on the west by Tract 1878, and on the north and east by Kern Island Canal (Planz Park #9 Annexation), the City Clerk reported that this hearing had been duly advertised and posted and notices sent to all property owners. No written protests have been received in her office. Planning Director Sceales read the staff report on request of Councilman Stiern. No on present offering any objections, the Mayor declared the public portion of the hearing closed. Upon a motion by Councilman Whirremote, seconded by Councilman Hosking, Ordinance No. 1651 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 bounded on the south by Planz Road, on the west by Tract 1878, and on the north and east by Kern Island Canal, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern~ Whittemore Noes: None Absent: None This being the time set for hearing on an application by Joseph H. Uhler to amend Title Seventeen of the Bakersfield Municipal Code by changing the zoning boundaries from an R-S (Residential Suburban) Zone to a C-2-D (Commercial - Architectural Design) or more restrictive Zone, of those certain properties in the City of Bakersfield commonly known as 2420 to 2650 Ming Avenue, the City Clerk reported that the hearing had been duly advertised and posted and notices sent to all property owners as required by the zoning ordinance. No written protests 2O? Bakersfield, California, November 7, 1966 - Page 7 have been received in her office. At its regular meeting of October 5, 1966, the Planning Commission recommended that this property be zoned C-2-D, and that the following recommendations be met prior to the finalization of commercial zoning: The south 25 feet adjacent to Ming Avenue and the east 45 feet of subject property be dedicated and improved or dedicated and a bond submitted to the City for the improvement o A 30 foot commercial alley along the north and west boundary be dedicated and improved or dedicated and a bond submitted to the City for the improvement of Communications were read from the following: Union Oil Company of California, who agreed to dedicate the necessary property as required for street purposes along the north side of Ming Road in front of 2420 Ming Road, said dedication to be the southerly 25 feet, plus a radius at the proposed intersection of Ming Road and Hughes Lane. This company also agreed to improve the righi-of-way with sidewalks, curbs and gutters and its portion of street paving on Ming Road in front of their property and the two lots being purchased, and also that portion of Hughes Lane abutting the above properties Lewis H. Creber, who agreed to dedicate lhe 25-foot strip of land at the front of the property, and requested that the easement at the rear be reduced to 25 feet W. E. Bryant, who stated that he would be favorable toward the certain conditions set out by the Planning Commission, mainly, thai C-2 zoning be granted with a 25 foot easement for a proposed alley or drive on the north end of the property and a 20 foot easement on the west side of the property to be used as a means of access to the rear. Any increase of land requirement by the Planning Commission for alleys and drives would deem the property too small for his requirements to erect a suitable building with adequate parking and allow for future growth Mr. Dave Cross stated that he was here an an architect representing a portion of the property owners. In general the property owners are in agreement with the Planning Commission's and the staff's recommendation~ however, the question comes up on the alley in the rear, as the 30 feet in the rear and on the west side of the property isn't compatible with several of the owners' planning, and they feel that it could be reduced to 25 feet on the north side and 20 feet on the west side, and changed from an alley to an easement which would serve the City's needs for access to the rear. 208' Bakersfield, Cal{fornia, November 7, 1966 - Page 8 Mr. Cross also questioned the requirement of the improvement of Ming Avenue by the property owners. all property owners are in agreement on the dedication, a bond for In general, but they feel that improvement of street should be in conjunction with the improvement of the property, which would be in accordance with the normal city requirements. Each piece of property will not be improved at the same time, and it will work a hardship on some individual property owners to improve their street prior to the improvement of the property, and this will reflect on some of the property owners' decision whether or not to dedicate Ming Avenue. Councilman Hosking stated that Mr. Jing has indicated that a 25 foot easement is satisfactory on the north s~e and the 20 feet on the west, with a small portion for a turn. He asked if that would be satisfactory to the owners and Mr. Cross said it seemed to be. Councilman Hosking said that all deeds for the dedication have not been received by the City, and the Council probably could not finish the hearing tonight for this reason, that it had been suggested by Mr. Hoagland that they have a first reading tonight and continue the hearing until the deeds are received. The only problem remaining is the bond requirement. Mr. Cross said if they could have a decision on the bonding issue, he feels that the remainder of the property owners could have a clearer picture and could make a final decision. City Manager Bergen said the City would have no objections whatsoever for the dedication and bonds for the improvements, these bonds would normally run a year, however, if the property owner hadn't developed within a year and he wanted to wait another year, the City has always renewed theme bonds, in fact they have been renewed for three or four years in some instances, depending on the development. If the majority of the people were going to develop in oneyear, then the City would insist that the rest of the street go in that particular year. Mr. Hank Acquistapace, ~al estate representative for Union Oil Company of California, reiterated the statements made in 2O9 Bakersfield, California, November 7, 1966 Page 9 the letter from that Company, which had been read previously, stating the 45 feet on the easterly side would be dedicated, however, they would prefer not to be required to improve 45 feet at this time or at the time of construction, but they would file a bond to improve it when the City opens Hughes Lane through. Mr. Steve Haberfelde, Mr. Dean Gay and Mr. Jack Armstrong also addressed the Council relative to the improvement of this property and the conditions which had been set up by the Planning Commission for the rezoning. After Council discussion, it was moved by Councilman Stiern, seconded by Councilman Park, that the hearing be continued for two weeks to obtain additional information and to secure the necessary deeds for the required dedications. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Doolin, seconded by Councilman Rucker, the meeting was adjourned at 10:10 P.M. MAYO~ the Cxty of Bakersflel(~,"~Jall~f. ATTEST: CITY an 1 the Counc ~1 of the City of Bakersfield, California 210 Bakersfield, California, November 14, 1966 Minutes of the regular meeting of the Council of the City of Bakersfield, California, heldin the Council Chambers of the City Hall at eight o'clock P.M. November 14, 1966. The Mayor called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend A. L. Greenwalt of Trinity Baptist Church. Present: Mayor Karlen. Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Absent: None Minutes of the regular meeting of November 7, 1966 were approved as presented. Scheduled Public Statements. Mr. Bill Scott addressed the Council stating that he wished to acknowledge and receive, on behalf of the cast "Up With People" the Proclamation issued by Mayor Karlen whereby Thursday, November 17, 1966, had been declared "Up With People" Day in Bakersfield. This group will appear at the Civic Auditorium at 8:15 P.M. Thursday, November 17, 1966, in a musical production. This is a dedicated group from the high schools and colleges who have gained world renown with their presentation of this show. He also issued an invitation to attend a reception for the cast of this show, to be held at the Bakersfield Women's Club on Wednesday~ November 16, 1966, from 3:30 to 4:30 P.M., to each member of the Council and each of the student counterparts of the Mayor and Council, City Manager and department heads. Mayor Karlen said he hoped as many as possible could attend this reception, as he intended to be there at least part of the time. Be then introduced the student counterparts of the Council and the Mayor who will act during Teenage Government Day on November 16, 1966. Correspondence. The Mayor announced that the next meeting of the South Sa~ Joaquin Division of the League of California Cities will be held in Visalia at the Elks Club on Friday, November 18, 1966. Bakersfield, California, November 14, 1966 - Page 2 Council Statements. Councilman Hosking said he would like question. much about newspaper, to ask a rhetorical What is the League of Women Voters that he has heard so lately? This organization, from all reports in the is certainly opposed to the City's position on water, and he doesn't understand why, or for what reason. He has been told that this is a non-partisan organization, therefore, he doesn't understand what it is doing in the water picture. It seems to him they should come to the Council, so that the Council can explain its position. If the League has studied this problem, as they have stated many times, it has been done without obtaining any information from the Council regarding the City's position on the problem, and he be wise if the League would study the City's side of Mayor Karlen said they haven't consulted with feels it would the problem. him in his office and he is sure they haven't consulted with the Water Committee. It would appear that the conclusions, drawn without such consultation with the water Committee, who is so well informed on the City's water problems, would be inappropriate. He agrees that the Council should have at least been consulted regarding any stand that the League took. There has been some question in many people's mind whether this happens to be Mrs. Gelman's stand or truly is that of the League of Women Voters. Councilman Stiern said, as they would recall, one evening at a Council meeting he asked Mrs. Gelman if her opinion was her own viewpoint, or represented the organization which she represented. She told him that it represented the opinion of the Board of her organization. This organization and Mrs. Gelman, are entitled to any opinion they wish to reach and free to work in any'manner they wish, but it seems rather strange that they invariably form opinions based on information which someone other than the City has given to them, someone who is usually quite belligerent towards the City's position. Councilman Doolin said he believes this is a national organization and as such, they have a right to express their viewpoints. They have taken a position on the water problem, and he does not criticize them for differing with the Council's position. 2'12 Bakersfield, California, November 14, 1966 - Page 3 Councilman Stiern said he thinks they do a terrific job at election time in discussing ballot measures, introducing candidates to the people, and this is a real service to the public, as it seems to be in line with whtat they were organized to do, but when they jump into partisan issues, such as the discussion between the City and the Kern County Water Agency, without seeking out all the information that is available, he thinks they jeopardize the future of their organization. Councilman Doolin said he thinks that normally this organization does stick with the issues and he doesn'l know how well informed they are about the water problem, it seems to his that they are at least one of the better informed organizations and they do take an interest in these matters. Councilman Hosking said he doesn't have anything against any group saying what they wish, but whether this is Mrs. Gelman's theory or that of the whole organization, he is not prepared to say. He wondered when the Council is going to get a chance to answer the questions which were submitted to the Board of Supervisors at a recent meeting. This is the reason he brought the matter up. Councilman Park said as far as he knows, neither Mrs. Gelman nor any member of the League of Women Voters has ever appeared before the Water Committee or the City Council with the purpose of finding out the City's point of view on the water problem. They have continued for several months to support the Water Agency's point of view and they continue to do this without appearing before the Council and obtaining some facts in the matter. He said he would welcome them at any time to come before the Council or the Council Water Committee to hear the City's side of the story. Councilman Rucker said possibly they were prejudging this organization, that the news media carries much information on this water problem, and possibly that is where she obtained some of her ideas. 213 Bakersfield, California, November 14, 1966 - Page 4 Councilman Hosking said that on the contrary, he thinks she has prejudged the members of the Council, as she has never bothered to ask what their thinking is on the matter, although he knows the Council has received many reports in the last year and a half which would have brought out many points of interest to the League. It is pretty difficult to study something that has two sides by only studying one of the sides. Councilman Sitern said when he mentioned partisanship he didn't mean it from a party point of view, but from an organization taking one side or the other on a question. The news release in the newspaper from the League of Women Voters consisted of this organization taking a position with certain members of the Water Agency and clobbering the position of the City and urging the Board of Supervisors to take action which would clobber the people of the City of Bakersfield. Mrs. Gelman enumerated the reasons why people should write letters to the Board of Supervisors to substantiate this position. The reasons she listed in some cases were distortions. They were not factual. There is an obligation, when you presume to inform the public about an issue, to really inform them, in the characteristic manner in which the League usually does this. Set out the pros and cons of the issue and let the public make up its own mind. Just don't say these are the things you should say to the Board of Supervisors, if these things are not correct. Councilman Park said he would be interested to know who paid the postage, or if the League of Women Voters paid the bill, for the mail-out which he recently received from the League. Councilman Hosking said it doesn't sound like the League of Women Voters, it sounds more like a pressure group at this point. them. Councilman Doolin said the Mayor Karlen said he would thing to do is simply to ask like to invite them to appear before the Council, but they don't really have much time,~ as the Board of Supervisors will be making a decision on the Bakersfield Municipal Water District on Tuesday, November 15. However, he will be very happy to issue an invitation to this organization. 214 Bakersfield, California, November 14, 1966 - Page 5 Councilman Park said he would like to make a comment regarding the "Up With People" show. They have endeavroed for some time to get this tremendous cast of American youth to Bakersfield. these young people have traveled around the world showing what true Americanism is. There are three Bakersfield youths in this cast who will be on the stage when the show is performed and he hopes everyone will attend. Councilman Park said he would like to comment on a policy of the City which he feels should be reviewed, with the idea of making some changes. The City's present policy is to contract out advertising space on the city buses without regard to partisan elections. The space is rented to campaign organizations who in turn place political advertising on the buses, a practice which is not understood by the general public. He therefore made a motion, seconded by Councilman Doolin, that the City Attorney be directed to prepare a modified contract with the advertising agency revising the present policy by eliminating political advertising and certain other types of advertising on city buses and all city equipment. This motion was adopted unanimously by a roll call vote. Councilman Park said he wanted to welcome Mike Marchbanks as his stand-in for Councilman and also acknowledge the presence of former Councilman and Mrs. Marchbanks at the meeting. Mayor Karlen said he would like to urge everyone to attend the "Up Wit~ People" show as he knows from experience they will enjoy it very much. Allowance of Claims. Upon a motion by Councilman Doolin, seconded by Councilman Rucker, Vouchers Nos. 1626 to 1692 inclusive, as audited by the Finance Approval Committee were allowed, and authorization~s granted for payment of same. 2i5 Bakersfield, California, November 14, 1966 Page 6 Rejection of all bids for 25 Cubic Yard Refuse Packer Trucks. Upon a motion by Councilwoman Balfanz, seconded by Councilman Park, all bids for 25 cubic yard refuse packer trucks were rejected, and authorization was granted fo readvertise, using revised specifications as suggested. Adoption of Ordinance No. 1652 New Series Altering the Boundaries of the First, Second, Third, Fourth, Fifth, Sixth and Seventh Wards of the City of Bakersfield, California. Upon a motion by Councilman Stiern, seconded by Councilman Hosking, Ordinance No. 1652 New Series altering the boundaries of the First, Second, Third, Fourth, Fifth, Sixth and Seventh Wards of the City of Bakersfield, California, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None First reading of an Ordinance of the Council of the City of Bakersfield amending Section 11.04.775 of the Municipal Code and adding Sections 11.04.774 and 11.04.776 to the Municipal Code of the City of Bakersfield. First reading was given to an Ordinance of the Council of the City of Bakersfield amending Section 11.04.775 of the Municipal Code and adding Sections 11.04.774 and 11.04.776 to the Municipal Code of the City of Bakersfield. First reading of an Ordinance amending Section 11.04.650 of the Municipal Code of the City of Bakersfield establishing truck routes in said City. First reading was given to an Ordinance amending Section 11.04.650 of the Municipal Code of the City of Bakersfield establislhing truck routes in said City. Approval of refund of 1965 Weed Abatement Assessment for Joseph Martin. Upon a motion by Councilman Stiern, seconded by Councilman Doolin, refund of 1965 Weed Abatement Assessment for Joseph Martin was approved, and the Auditor-Controller was authorized to issue check covering same. 216 Bakersfield, California, November 14, 1966 - Page 7 Hearings. As requested by the Pacific Gas and Electric Company, upon a motion by Councilman Hosking, seconded by Councilwoman Balfanz, hearing on application for franchises for transmitting and distributing Gas and Electricity within the City of Bakersfield, was continued until December 12, 1966. This being the time set for hearing on intention of the Council of the City of Bakersfield, California, to order the vacation of a sewer easement in "B" Street between 16th Street and Truxtun Avenue, in the City of Bakersfield, the City Clerk reported that this hearing had been duly published and posted. No one present offering any opposition to the vacation, the Mayor declared the public hearing closed, and upon a motion by Councilman Hosking, seconded by Councilwoman Balfanz, Resolution No. 75-66 of the Council of the City of Bakersfield, ordering the vacation of a sewer easement in "B" Street between 16th Street and Truxtun Avenue, in the City of Bakersfield, California, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None This being the time set for hearing on intention of the Council of the City of Bakersfield, California, to order the abandonment of the dedication of right of Vehicular Access to Elm Street from Lot l, Tract No. 2815, City of Bakersfield, the City Clerk reported that this hearing had been duly posted. No one present offering any opposition, the Mayor declared the public hearing closed, and upon a motion by Councilman Hosking, seconded by Councilman Park, Resolution No. 76-66 of the Council of the City of 217 Bakersfield, California, November 14, 1966 - Page 8 Bakersfield ordering the abandonment of the dedication of right of Vehicular Access to Elm Street from Lot l, Tract No. 2815, City of Bakersfield, was adopted by the following vote: Ayes: Noes: None Absent: None Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Adjournment. There being no Council~ Stiern, further business to come before the upon a motion by Councilman Doolin, seconded by Councilmarl the meeting adjourned at 8:45 P.M. MAYOR of the C' y o' akersfield, ~alif~ni~ ATTEST: c the Counc xl the City of Bakersfield, California of Bakersfield, California, November 21, 1966 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. November 21, 1966. The Mayor called the meeting to order followed by the Pledge of Allegiance and Invocation by Richard S. Wayne, Pastor of the United Presbyterian Church of the Master. The City Clerk called the roll as follows: Present: Mayor Karlen. Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whirremote Minutes of the regular meeting of November 14, 1966 were approved as presented. Communication from Countryside Homes, Inc. requesting sewer rental agreement pending annexation for property at 2801 South "H" Street referred to the City Attorney and City Engineer for recommendation and report back to the Council. Upon a motion by Councilman Whittemore, seconded by Council- man Stiern, communication from Countryside Homes, Inc. requesting a sewer rental agreement for a proposed 60 unit apartment development on 2801 South "H" Street pending annexation to the City of Bakersfield, was referred to the City Attorney and City Engineer for recommendation and report back to the Council. Council Statements. Councilman Stiern commented that he desired to report on a meeting that was held in the Board of Supervisors Chambers last Tuesday, November 15, 1966. He stated as follows: I think the meeting of the Board of Supervisors should be televised so that all of you and the people of Bakersfield could see for themselves the absence of concern these gentlemen have for the City of Bakersfield. A case in point is last Tuesday's arbitrary decision for the Board to eliminate our Water District without a vote of the people. No one wanted the District dissolved except the Directors of the Water Agency and the League of Women Voters. Certainly, not the people who live within the District. But 11,092 voters have been Bakersfield, California, November 21, 1966 Page 2 robbed of this opportunity to express themselves of hour they felt by the arbitrary action of the Board. It started last month at the LAFCO meeting when Supervisor John Holt abstained when the vote to recommend action to the Board was taken. He had no conflict of interest, which I think is grounds for abstention, he just chose not to make a decision for us. We didn't know it at the time, but that was the beginning of the actions of these four people. Last Tuesday's decision started when Supervisor Webb uttered the lone word "Motion." He made no comment or recommendation, just "Motion." The Board Chairman had t;o ask him what he meant, he was actually making a motion that continued existence of the District was not in the best interests of us folks who live in the District, of all things. The final vote was a clincher, 4 to 1, Supervisor Fairbairn, who had voted last month, of all things, as a LAFCO member to recommend to the Supervisors that an election be held, voted last Tuesday to abolish the District without an election. Incidentally, he resents any criticism of L~CO and seems to feel that the actions of LAFCO are above reproach. The fourth member, Supervisor Jackson, supplied the clincher, with a motion to abolish the District without a vote of the people. And that was the action of last Tuesday. Just once, while I'm on the Council, I would like to see the City get a fair shake from the Board of Supervisors. The law of averages, or simple justice, should require an occasional vote in our favor. Obviously, the only justification for their arbitrary action of last Tuesday, is that they didn't dare let the people express themselves, because they would have voted intelligently, and for a good water supply. But there will be no vote. I think Tuesday's action was the latest in a series of decisions in favor of water profiteers and against the people of the County. The only surprising and reassuring thing about it is that there are a good many people in the area who understand and know what's going on. Thank you. 22O Bakersfield, California, November 21, 1966 - Page 3 ~ Adoption of Report from Chief Building Inspector on letter from Housing Advisory and Appeals Board. Upon a motion by Councilman Doolin, seconded by Councilman Rucker, report from the Chief Building Inspector on a letter from the Housing Advisory and Appeals Board was received and ordered placed on file, and the recommendations contained therein adopted. The Housing Advisory and Appeals Board is to be advised that an Advisory Committee be appointed when necessary, in accordance with the Ordi- nance No. 1613 New Series, without compensation. Reception of Report of the Governmental Efficiency Committee relative to implementing modifications in existing telephone communication network. Councilman Whittemore, chairman of the Governmental Effi- ciency Committee, reported that the Committee has been presented with the final recommendations of the administrative staff relative to im- plementing modifications in the existing telephone communication net- work. These modifications were presented to the GEC by Tel Plan, Inc. who conducted a survey of the City's communication facilities. All recommendations have been discussed and fully agreed to with the de-. partments concerned, the City Manager's office and Pacific Telephone, Company. Upon a motion by Councilman Doolin, seconded by Councilman Park, the report was received and ordered placed on file. Allowance of Claims. Upon a motion by Councilman Doolin, seconded by Councilman Rucker, Vouchers Nos. 1693 to 1823, inclusive, in amount of $63,193.86, as audited by the Finance Approval Committee, were allowed, and authorization was granted for payment of same. Acceptance of bid of William H. Schallock, Inc. for construction of a storm drain Lakeview Avenue between Tenth Street and Potomac Avenue. Upon a motion by Councilman Rucker, seconded by Councilman Stiern, low unit prices bid by William H. Schallock, Inc. for con- struction of a storm drain in Lakeview Avenue between Tenth Street and Potomac Avenue were accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Bakersfield, California, November 21, 1966 - Page4 Action on construction of a reinforced concrete box culvert at Williams Street and Eastside Canal deferred for one week. Upon a motion by Councilman Stiern, seconded by Councilman Hosking, action on the construction of a reinforced concrete box culvert at Williams Street and Eastside Canal was deferred for one week. Adoption of Ordinance No. 1653 New Series of the City of Bakersfield amending Section 11.04.775 of the Municipal Code and adding Sections 11.04.774 and 11.04.776 to the Municipal Code of the City of Bakersfield. Upon a motion by Councilman Hosking, seconded by Councilman Stiern, Ordinance No. 1653 New Series of the City of Bakersfield amend- ing Section 11.04.775 of the Municipal Code and adding Sections 11.04. 774 and 11.04.776 to the Municipal Code of the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None Proposed Ordinance amending Section 11.04.650 of the Municipal Code of the City of Bakersfield establishing Truck Routes in said City, referred to the Governmental Efficiency Committee for study and recommendation. After discussion, proposed Ordinance amending Section 11..04. 650 of the Municipal Code of the City of Bakersfield establishing Truck Routes in said City, was referred to the Governmental Efficiency Committee for study and recommendation. Adoption of Resolution No. 77-66 of the Council of the City of Bakersfield directing the Fiscal Agent to withdraw funds from the City of Bakersfield Off-Street Parking Surplus Revenue Fund and to pay said funds to the City Treasurer. Upon a motion by Councilman Bosking, seconded by Councilman Stiern, Resolution No. 77-66 of the Council of the City of Bakersfield directing the Fiscal Agent to withdraw funds from the City of Bakersfield 222 Bakersfield, California, November 21, 1966 - Page Off-Street Parking Surplus Revenue Fund and to pay said funds to the City Treasurer, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None Approval of Construction Change Order No. 1 to the Bakersfield Electric Company for New Stage Lighting Control System at Bakersfield Civic Auditorium. Upon a motion by Councilwoman Balfanz, seconded by Council- man Doolin, Construction Change Order No. 1 to the Bakersfield Electric Company, in amount of $2118.00, for New Stage Lighting Control System at Bakersfield Civic Auditorium was approved, and the Mayor was authorized to execute same. The Auditor-Controller was authorized to transfer this amount to Account No. 25-715-8300 from the Council's Contingency Fund. Claim against the City of Bakersfield from M. C. Gaumer, Jr. referred to the City Attorney. Upon a motion by Councilwoman Balfanz, man Park, claim against the City of Bakersfield was referred to the City Attorney. seconded by Council- from M. C. Gaumer, Jr. Approval of Step Salary Advancements effective December 1, 1966. Upon a motion by Councilman Park, seconded by Councilman Whittemore, the following employees are recommended to receive salary step advancements, effective December 1, 1966: E. J. Abrams Sanitation Crewman II C to D D. E. Clay Motor Patrolman D to E G. A. Ferris Utility Man C to D R. R. Hacker Firefighter D to E A. L. Kimble Detective E to F Christie Knick Account Clerk I C to D R. R. Lackey Motor Patrolman C to D H. Lostaunau, Jr. Maintenance Man II C to D L. M. McBride Asst. Planner C to D O. McCarthy, Jr. Firefighter D to E K. S. Middleton Motor Patrolman C to D B. M. Rudder Detective E to F A.A. Sosa, Jr. Firefighter C to D J. L. Turner Sanitation Crewman II D to E 223 Bakersfield, California, November 21, 1966 - Page 6 Proposal to grant right of way to the Arvin-Edison Water Storage District over a strip of property along the easterly boundary of the City sewer farm referred to the City Attorney for study and recommendation. At this time the Council discussed the proposal to grant right of way to the Arvin-Edison Water Storage District over a 43 foot wide strip of property along the easterly boundary of the City sewer farm in the vicinity of the District's canal for the purpose of ingress and egress to the canal facility. Councilman Park made a motion, seconded by Councilwoman Balfanz, that the grant of right of way be approved. Councilman Whittemore said he was in favor of the motion with the stipulation that it be a revocable easement. After discussion, substitute motion was made by Councilman Doolin, seconded by Councilman Mosking, that the matter be referred to the City Attorney for study and recommendation, and report back to the Council in one week. Councilman Mosking suggested that the matter also be discussed with the attorneys for the Arvin-Edison Water Storage District. Encroachment Permit granted Pacific Telephone & TelegraphCompany for footings encroachment. Upon a motion by Councilman Stiern, seconded by Councilman Whittemore, Encroachment Permit was granted the Pacific Telephone & Telegraph Company for footings at development bounded by 22nd Street, L Street, M Street and China Alley. Approval of Plans and Specifications for the construction of a Multi-purpose Game Slab at Siemon Park and at California Avenue Park. Upon a motion by Councilman Park, seconded by Councilman Rucker, Plans and Specifications for the construction of a multi- purpose game slab at Siemon Park and at California Avenue Park was approved. Approval of Plans and Specifications for the construction of an Automatic Sprinkler System in Jefferson Park. Upon a motion by Councilwoman Balfanz, seconded by Council- man Rucker, Plans and Specifications for the construction of matic sprinkler system in Jefferson Park were approved. an auto- Bakers£ield, California, November 21, 1966 Page property, so he would insist give up at least 30 feet for street. He stated that that the property owners on Ming Avenue the easement, to be used later for a Authorization granted to enter into a standard suburban sewer rental agreement with Countryside Homes, Inc. Upon a motion by Councilman Whittemore, seconded by Council- man Park, authorization was granted to enter into a standard sewer rental agreement with Countryside Homes, Inc. for proposed to unit apartment development on 2801 South "H" Street. Hearings. This being the time set for continued hearing on an appli- cation by Joseph H. Uhler to amend Title 17 of the Bakersfield Muni- cipal Code by changing the zoning boundaries from an R-2 (Residential Suburban) Zone to a C-2-D (Commercial -- Architectural Design) or more restrictive, Zone, of those certain properties in the City of Bakersfield commonly known as 2420 to 2650 Ming Avenue, Mayor Karlen stated they would allow the proponents and opponents thirty minute period to speak. Mr. Dave Cross, architect representing the owners in the matter, stated that since they had engaged in a lengthy discussion at the hearing ,on November 7, 1966, he did not feel that it was necessary to speak further at this time, but would like to reserve time for rebuttal, if necessary. Opponents were then given an opportunity to be heard. Mr. George Osborn, who lives at 2509 Talisman Drive, stated that his property adjoins the proposed service station on the north, and that he was opposing the proposed rezoning, as he and his neighbors feel their privacy will be invaded, their tranquility will be usurped, and in the long run, they do not see how this rezoning will possibly benefit the residential property to the north. Dro. Howard Grove and his wife, who reside at 2525 Talisman Drive, stated they were very much opposed to this rezoning and that they had been assured if this was taken in as business property, that provision would be made so there would be a street at any time the property owners to the north wished to dedicate 30 feet of their Bakersfield, California, November 21, 1966 Page 8 until such time as they wanted to develop the rear of their property, they should be entitled to privacy, and the owners of the property to the south should be required to construct an eight food block wall fence. Mrs. Dave Cross stated that in rebuttal he felt there was nothing too critical to be brought out, but he was under the impression that the reason the meeting was held over was to review the 25 foot easement to the north in connection with the best interests of the people to the north, and it has been determined, in a discussion in Director of Public Works Jing's office after the fiXst hearing that a 25 foot easement would take care of the problems being considered. Mr. Jack Armstrong stated he would like to point out one thing that might possibly have been overlooked. The lots to the north are 350 feet deep, while those on the south side are 250 foot depth lots. These people are giving 25 feet off the front and 25 feet off the back, which means they are losing 50 feet already, and it would seem fair to him, for the property owners with the 350 feet depth lots to give 35 feet, if it is necessary to construct a street. Mr. Hank Acquistapace, stated he represented Union Oil Company of California, and this company is contemplating using the property to the south of Mr. George Osborn, opponent to the rezoning, for a service station. They do not anticipate utilizing the total depth of this parcel for service station usage, however. There will be approximately a 90 foot buffer which will be put to other uses, dividing the service station site and Mr. Osborn's property. Mr. Duke Bloom of 2407 Ming Avenue, appeared before the Council objecting to certain statements made by Mr. Dean Gay, who explained that evidently information had been given to him in error. Mr. Bloom stated that he was opposed to any service station being built across from his residence, and that some member of a former Council had promised him there would be no strip zoning after the Sears Complex was rezoned. Bakersfield, California, November 21, 1966 Page 9 Mr. William V. Matheny of 2413 Ming Road, stated that he objected to the rezoning and to the proposal to construct a service station across from his residence. Councilman Park said he was not on the Council when the Sears rezoning was considered. He made one committment when he asked for this matter to be brought back for consideration several months ago. He told the people then that he would not consent personally to the building of a service station diagonally across the street from their homes, and he meant it when he said it, and he intends to stand by it. Mr. Joseph Uhler, who had made the application for the rezoning, stated that he owned the only vacant lot there. He said he would have to do something with the lot, as he cannot build a house on it. He has a buyer for this lot who wants to put in a toy store, and he hopes it is zoned commercial, because he can't build anything else on this lot. He also informed the Council thai; his tax bill last year was $84.47 and this year it has increased to $343.87, so evidently the assessor has appraised it as a commercial lot. Councilman Hosking said he worried about all the promises which theoretically the Council made to Mr. Bloom and others, he doesn't recall making any promises to anyone, and he is a little resentful of the point of view expressed in this connection. Since he has been on the Council, he does not recall making any promises to the people in this area. When this came up before, this entire area was sought to be C-1 zone, and he recalls voting against this particular parcel before the Council tonight, to be zoned C-l, because at that time there apparently were no plans for its development. Councilman Stiern said he thought it was a mistake not to solve the problem of the access road to the north of the subject property at this time. He said he was quite sympathetic to Mr. Uhler, he couldn'i see why he should pay taxes on a piece of property and 227 Bakersfield, California, November 21, 1966 Page 10 not get the use out of it. He said he thinks it could be developed without injuring the fine homes that are east of Hughes Lane, that thought should be given to developing it with C-1 zoning and C-0 on the corner. With something like that in mind, he would be in favor of referring it back to the Planning Commission for further consideration. Councilman Park said he had nothing against service stations but he has opposed placing service stations on corners across the street from good residential property, and that he would second Mr. Stiern's motion, because he thinks the Planning Commission should make a teevaluation of this. Councilman Rucker said he was not aware of the Council collectively making any promises to anyone regarding the rezoning .of this property. Councilman Whittemore said he was not a member of the Council when the Sears Complex was zoned, but no one Council can bind anotiAer Council's future actions. He stated that the properties on Ming Road are a problem, the City is going to require the widening of Ming on the north, and if 25 feet is taken off the properties, the highway is going to be right in the front yards of these people. Unfortunately, it is going to affect the people on the south side of the street. The heavy zoning is not getting too much favor, bu't Councilman Whittemore said he thinks it should be something besides R-S, which it is at the present time. Councilman Stiern said he was a member of the Council and would take his share of the responsibility for the zoning of the Valley Plaza, and if it had not been annexed and zoned by the City, it would still be there and part of the County. A year ago the Council decided there was no necessity for zoning this strip because there was no development. Apparently, there is development now. He said he thinks C-2 is too heavy. He then made a motion, that the consideration to fezone to a C-2 zone be referred back to the Planning Commission for further study and recommendation to the Council, as 2'28 Bakersfield, California, November 21, 1966 Page 11 [~ as soon as possible, as this gives the people to the north nity to still resolve a street problem, if they want to do an opportu- it. Councilman Park said he would second the motion, and would like to emphasize what was said regarding the property to the north. He hopes that the Planning Department will work in cooperation with the people to the north to see that access can be worked out so that there is not a strip of ground, whether it is in the City or the County, which is vacant and isolated, so that no access is available to it. Councilman Doolin said he agreed with Councilman Stiern that the Council really didn't have any choice, they were told pointblank by the Sears Company that they would either be in the City or the County, but in that location. The Council and the staff engaged in discussion. Counci]woman Balfanz said she had been very quiet, but she thinks they have dealt in personalities too much tonight. This Council tries sincerely and honestly to the best of its ability, to do what is best for the City as a whole and not individuals, and she thinks this has gone on long enough. She has made no promises to anyone, and she has sincerely tried to do her very best for the overall City. They have listened to this, they are holding up developers, and there is no use in post- poning it any longer. Therefore, she made a substitute motion that they accept the recommendation of the Planning Commission to rezone the property C-2-D. Councilman Rucker seconded the motion. After some discussion, the Mayor called for a roll call, and the motion was tied by the following vote: Ayes: Councilmen Balfanz, Rucker, Whittemore Noes: Councilmen Doolin, Park, Stiern Abstaining: Councilman Hosking Absent: None Pursuant to Section 14 of the Charter which decl&res that the Mayor shall have the right to vote on all matters when the vote of the Council results in a tie, Mayor Karlen cast a negative vote, and the motion failed to carry. 229 Bakersfield, California~ November 21, 1966 Page 12 After discussion, a vote was taken on the original motion which failed to carry as follows: Ayes: Councilmen Doolin, Park~ Stiern Noes: Councilmen Balfanz, Hosking, Rucker, Whittemore Absent: None Councilman Whirremote said he thinks this matter should be resolved tonight, and he hopes he can make the proper motion which will accomplish that. Personally he thinks it should be zoned C-2, but to prevent the complete stoppage of the development of this piece of property~ he then made a motion, which was seconded by Councilman Hosking, that Ordinance No. 1654 New Series be adopted, zoning the entire property C-l-D, or more restrictive zone, with the proper dedication of the easements, etc., as recommended by the Planning Commission. Councilman Park stated that since this would still permit the construction of a service station on the corner, he would have to vote "no". The motion carried by the following roll call vote: Ayes: Councilmen Balfanz, Hosking, Rucker~ Whittemore Noes: Councilmen Doolin, Park, Stiern Absent: None Councilman Park said before the Council adjourned, he wanted to report that the GEC had held a very important meeting last Tuesday with Mr. O'Rear and a committee of men from the Re£use Department. They were advised of a number of things that they had not heard before. They now had a better understanding of the grievances and complaints of these employees, and the GEC will be considering these problems until the next budget session, at which time undoubtedly they will make certain recommendations for this department. Bakersfield, California, November 21, 1966 Page 13 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Doolin, seconded by Councilman Rucker, the meeting adjourned at 11:48 P.M. Y aKersfield, C~li.f.- ATTEST: ~ ~ ' ~ the 0~~n~ ~.x-O~oZ~ o~ 0oun~ of the City of Bakersfield, California 231 Bakersfield, California, November 28, 1966 Minutes of the regular meeting of the Council of the City of Bakersfield~ California, held in the Council Chambers of the City Hall at eight o'clock P.M. November 28, 1966. The Mayor called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend Kenneth Adams of the First Methodist Church. The City Clerk called the roll as follows: Present: Mayor Karlen. Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Absent: None Minutes of the regular meeting of November 21, 1966 were approved as presented. Scheduled Public Statements. At this time, Mayor Karlen presented a Proclamation to members of the Pearl Harbor Survivors Organization, designating the week of December 7th as "Remember Pearl Harbor Week." Correspondence. Upon a motion by Councilman Stiern, seconded by Councilman Whirremote, communication from the League of Women Voters of Bakersfield setting out the purposes and procedures of this organization, was received and ordered placed on file. Council Statements. Council Stiern stated he would like to comment on the letter recieved from the League of Women Voters. Two or three weeks ago when some of the Council took exception to certain activities of the League, he tried to make it clear at that time that he thought the League fulfilled a very useful and helpful purpose to the voters, but he felt that they could be very partisan and very hasty in some of the conclusions they reached. Evidently, they have taken exception to some of the comments that were made that night. Bakersfield, California, November 28, 1966 Page He does not propose to argue with these ladies publicly, but he has seen instances where the League has taken a very partisan stand and he questions the wisdom of doing so. Very recently, Mrs. Gelman, the president of the League, stood before the microphone at a Council meeting, and told the Council that she thought it was most undemocratic to put the Anti-Poverty measure on the ballot, and when closely questioned, she admitted that the stand taken was with the officers of the organization, and not with the general membership. In years past, he remembers a Civil Service issue which was on the ballot, on which the League took very hasty action without exploring both sides of the issue, or the reason why certain councilmen felt as they did. More recently, on the issue of the proposed Greater Bakersfield Water District. The Council Water Committee would welcome the participation of the League of Women Voters in its meetings, they have never been there and have never made an attempt to understand the position of the City. He is not certain that they have obtained available copies of certain information, like the Stetson Report, on which the Water Committee has based many of its conclusions. He does not think you can say that the League understands, or has attempted to understand, the position of the City. In calling the League to task, in a sense, the Council has been told that the League is not partisan, and that they never take a position of party, activity. He thinks the ladies should consult their dictionary, because he has consulted his and the word "Partisan" means an adherence or supporter of a person, party or cause, and he thinks they are most certainly partisan when it comes to a cause, in this instance, the cause of the Kern County Water Agency. That is the reason, if the Council Water Committee can help the League members in any way, it would be very happy to. A suggestion for a League study in the be a guest for a low-cost, Bakersfield area. future, if they would like, perhaps would high quality water supply for the Greater Bakersfield, California, November 28, 1966 Pag,~ 3 Councilman Hosking said he would like to make a short comment. He cannot conceive~ in his experience, of being non-partisan on one hand~ and partisan on the other. In the meetings that he has attended at LAFCO and various other places, where the Council Water Committee has presented its arguments, when a call was made for proponents of the proposed Water District, someone from the League of Women Voters stood up and described the necessity and all the benefits that would accrue from the formation of this District. If that ~mounts to being impartial, as to whether or not people should vote for the District, then his experience has betrayed him, because he does not consider that to be impartial. Councilman Stiern said he wonders when the time comes to vote on this issue, if as they suggest in their letter, the League will prepare background information and pros and cons. After the repeated public positions which they have taken in favor of the formation of this District, it is going to be rather difficult for them to assume a neutral role again. He can visualize, perhaps a television panel, presented by the League of Women Voters, with a moderator presenting the pros and cons and active participation from the League as proponents of the Water District. Councilman Doolin said he feels the League of Women Voters is a fine organization, said he could not remember, but he was under the impression, that the League stated they wanted the issue to come to a vote, not that they were in favor of it as an organization~ and this is two different things. If some organization disagrees with tile Council, and the Council criticizes them for that reason, he thinks they are taking the wrong approach. He said he feels they have a right to disagree with the Council and it is difficult for an organization not to express opinions. He feels that the League will offer pros and cons on the issue. Councilman Stiern said Councilman Doolin missed his point. He said if the Council or the Council Water Committee can help them with documents or information or by inviting them to attend meetings '234' Bakersfield, California, November 28, 1966 Page. 4 of the Water Committee, he thinks it would be possible for them to arrive at a better and more unbiased opinion of the total water picture. Councilman Doolin said just because an organization doesn't agree with the Council's position, doesn't mean they are biased, that he is sure everyone doesn't agree with the Council on the water picture. Councilman Stiern said he wasn't saying that they were biased, he was sure that they don't understand the City's position at all. He doesn't know how they could understand this position. Councilman Doolin said he thought it would be proper, for Councilman Stiern, as the chairman of the Council Water Committee, to invite this group to attend its meetings. He said he feels that both the Council and the League of Women Voters are looking out for the betterment of the community, perhaps they are looking at it for the Metropolitan area, while the Council is confining it to the City only, and this is where the difference of opinion arises. Mayor Karlen said he gains the impression from Councilmen Stiern's and Hosking's comments, that they object to certain aspects of the letter and also the position of the League of Women Voters, insofar as the Water Committee was never consulted in any official capacity, there were never any in depth studies held. The objection of these Councilmen isn't to the fact that the League took a position:. which they can well do, but they shouldn't take a position without consulting with the Water Committee, which has studied this matter at great length. Mayor Karlen said he probably should object to what has been said by the League because of being chairman of the LAFCO and having been one of the 'four who voted in favor of putting the dissolution of the Bakersfield Municipal Water District on the ballot. They were, in effect, by the League of Women Voters thought to be acting improperly in office, because the very first sentence in a letter addressed to the Board of Supervisors states that the Board was being asked to take an action which would involve wasting public funds, failing to comply with the law and permitting a minority to win an election. If he were a party to that, it is certainly accusing the Mayor of being indiscrete with his vote as a member of LAFCO. The Board of Supervisors at this meeting did dissolve the Bakersfield Municipal Water District. A 235. Bakersfield, California, November 28, 1966 - Page 5 committee of five was appointed by the Board of Supervisors to study and recommend five divisions of the proposed Greater Bakersfield Water District and the Mayor believes that the City should have someone sitting in on any meetings held by this committee, so that they will be aware of how this district is going to be divided, in order to protect the City and express the City's desires on the division. If this goes through, and an election is held for directors for the five districts, and it is divided up in such a manner that the City would never have a representative, the City would not be in a very good position. The Board has appointed the committee who are all County personnel and County orientated. Mayor Karlen said in trying to be objective, as the League of Women Voters has done, that possibly the City should try to help this organization by giving them more information which the City has available, if they are willing to accept it, and he is sure they will be. Councilman Doolin stated that he wanted to notify the public that on December 6, 1966, the Public Utilities Commission will hol.d a hearing in the Police Auditorium on an application of the California Water Service Company for an increase in water rates. He said he hoped the administration has studied this matter and would arrange to have representatives attend this hearing on behalf of the City. Councilman Stiern said the Council Water Committee was very much aware of the hearing and for the benefit of the city taxpayers would be following the evidence which will be presented at the hearing. The California Water Service Company is going to have to substantiate its position for this increase before the PUC. If they don't justify the increase, the Council will voice its opposition. Councilman Park said he wanted to bring out that the proposed rate change would not apply to the portion of the Bakersfield district formerly served by the Crest Water Company, and the rate relief is in no way caused by or attributed to acquisition by the California Water Service Company of the Crest Water Company. application for the recent of the propertly 236. Bakersfield, California, November 28, 1966 - Page 6 Mayor Karlen repeated his request to the Council that the City Manager have one of his administrative aides sit in on meetings of the committee appointed by the Board of Supervisors to study the division of the Greater Bakersfield Municipal Water District into five districts. City Manager Bergen stated he would attempt to have someone present at the meetings. Allowance of Claims. Upon a motion by Councilman Doolin, seconded by Councilwoman Balfanz, Vouchers Nos. 1824 to 1919, conclusive, in amount of $35,190.02 as audited by the Finance Approval Committee, were allowed, and authorization was granted for payment of same. Acceptance of low bid of Richard L. Williams for abatement of weeds. Upon a motion by Councilman Park, seconded by Councilman Whittemore, low bid of Richard L. Williams for abatement of weeds growing on three properties in the City of Bakersfield, in amount of $50.91, was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Acceptance of low bid of Three-Way Chevrolet Company for five - ½ Ton Pickup Trucks. Upon a motion By Councilman Whittemore, seconded by Council- man Park, low bid of Three-Way Chevrolet Company in amount of $7,766.15, to furnish five - ½ ton Pickup Trucks, was accepted and all other bids were rejected. Acceptance of low bid of Southwest Flexible Company for Bucket Machine and Loader. Upon a motion by Councilman Whittemore, seconded by Council- man Stiern, low bid of Southwest Flexible Company in amount of $3,7915.52, to furnish Bucket Machine Loader was accepted, and all other bids were rejected. Acceptance of bid of Three-Way Chevrolet Company for 23,000 lb. GVW Cab and Chassis - two speed rear axle. Upon a motion by Councilman Park, seconded by Councilman Whittemore, bid of Three-Way Chevrolet Company in amount of $4,305.57, was accepted, this being the only bid received. Bakersfield, California, November 28, 1966 Page 7 Acceptance of Bid of Three-Way Chevrolet Company for 23,000 lb. GVW Cab and Chassis, single reduction rear axle. Upon a motion by Councilman Whirremote, seconded by Councilman Park, a bid of Three-Way Chevrolet Company to furnish 23,000# GVW Cab and Chassis, Single Reduction Rear Axle, for a net price of $3,973.11 was accepted, this being the only bid received. Acceptance of Bid of Crook Company for Diesel Motor Grader. Upon a motion by Councilman Stiern, seconded by Councilman Rucker, bid of Crook Company to furnish Diesel Motor Grader for a net price of $17,200.00 was accepted and all other bids were rejected. Acceptance of Bid of Three-Way Chevrolet Company to furnish 24,000 lb. 19 Ft. Flat Bed Dump Truck. GVW Upon a motion by Councilman Rucker, seconded by Councilman Doolin, bid of Three-Way Chevrolet Company to furnish 24,000 lb. GVW 19 foot Flat Bed Dump Truck was accepted, and all other bids were rejected. Rejection of bid for 25,000 lb GVW Cab and Chassis. Due to the fact that equipment bid did not meet specifications, upon a motion by Councilman Doolin, seconded by Councilman Whittemore, bid received for 25,000 lb. GVW Cab and Chassis was rejected, and authorization was granted to readvertise for this equipment using revised specifications. Acceptance of Bid of Joe C. Brown, Inc. for construction of a reinforced concrete box culvert at Williams Street and Eastside Canal. Upon motion by Councilman Park, seconded by Councilwoman Balfanz, unit prices bid by Joe C. Brown, Inc. for construction of a reinforced concrete box culvert at Williams Street and Eastside Canal were accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Bakersfield, California, November 28, 1966 Page 8 Right of way granted to the Arvin-Edison Water Storage District along the easterly boundary of the City sewer farm. Upon a motion by Councilman Park, seconded by Councilman Whittemore, right of way was granted to the Arvin-Edison Water Storage District over a 43-foot strip of property along the easterly boundary of the City sewer farm in the vicinity of the District's canal for purpose of ingress and egress to the canal facility. Approval of request from Anthony Homes to connect 20 unit apartment building to the City sewer line. Upon motion by Councilman Stiern, seconded by Councilman Park, request from Anthony Homes to connect 20 unit apartment building at 25 Williamson Way to the City sewer line was approved, subject to the following conditions: 1. Submit a plan for review and approval 2. Work to be done to City specifications 3. Enter into Suburban Sewer Agreement Request granted to reimburse Mr. Robert Kipper, Head of Opportunities Industrialization Center in Los Angeles, for personal expenses incurred in attending Inter-Group Relations Board meeting in Bakersfield. Upon a motion by Councilwoman Balfanz, seconded by Councilman Stiern, request of Mrs. Helen Lee, chairman of the Inter-Group Relations Board, for sum of $30.00 to reimburse Mr. Robert Kipper, head of the Opportunity Industrialization Center in Los Angeles, for personal expenses incurred to attend meeting of the Inter-Group Relations Board to be held on December 1, 1966, in the Council Chambers, was granted and the Auditor-Controller was authorized to issue a check in this amount. Mr. Kipper will explain the job training programs offered in Los Angeles and how they can be adapted in Bakersfield. Date set for hearing before the Council on appeal by Mrs. Burnett Love to decision of the Board of Zoning Adjustment denying her application for a Conditional Use Permit to permit the operation..and maintenance of a Boarding House on that property commonly known as 331 - 10th Street. Upon a motion by Councilman Stiern, seconded by Councilman Rucker, date of December 19, 1966 was set for hearing before the Council 2'39 Bakersfield~ California, November 28, 1966 Page 9 on appeal by Mrs. Burnett Love to decision of the Board of Zoning Adjustment denying her application for a Conditional Use Permit of an R-2 (Two Family Dwelling) Zone to permit the operation and maintenance of Boarding House for five to six persons on that certain property in the City of Bakersfield commonly known as 331 - 10th Street. Approval of Plans and Specifications for construction of Wilson Park Tennis Courts. Upon a motion by Councilman Whittemore, seconded by Councilman Doolin, plans and specifications for construction of Wilson Park Tennis Courts were approved. Hearings. This being the time set for hearing on recommendation of the Planning Commision to amend the Text of the Zoning Ordinance to establish an R-S-1A (Residential Suburban One Acre Minimum Lot Size) Zone, the City Clerk reported that this hearing had been duly advertised and no written protests had been received in her office. No one present offering any objections to the proposed change, the Mayor declared the public hearing closed, and upon a motion by Councilman Stiern, seconded by Councilman Doolin, Ordinance No. 1655 New Series amending Chapter 17.14 of the Municipal Code to establish an R-S-1A (Residential Suburban One Acre Minimum Lot Size) Zone was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None This being the time set for hearing on an application by W. F. Whitaker to amend Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning from an R-1 (Single Family Dwelling) Zone to a C-I-D (Limited Commercial - Architectural Design) or more restrictive zone; to a C-O-D (Professional Office- Architectural Design) or more restrictive, Zone; and to an R-3-D (Limited Multiple Family 4O Bakersfield, California November 28, 1966 Page Dwelling - Architectural Design) or more restrictive, Zone, of that certain property in the City of Bakersfield located at the northeast corner of Mr. Vernon Avenue and Columbus Street, the City'Clerk reported that this hearing had been duly advertised and posted and notices had been sent to all persons as required by the zoning ordinance, and no written protests had been received in her office. Findings of the Planning Commission at its public hearing on the application held November 2, 1966, were read by the Mayor. Mr. Whitaker, proponent of the rezoning, stated that he had employed an architect to draw up plans, they have consulted with the Planning Department in an attempt to arrive at a plan which would be compatible to the neighborhood, they think they now have a plan which would be agreeable to everyone concerned, and he asked that it be approved by the Council. Councilman Park inquired from Mr. Whitaker regarding his expectations for this development, whether he planned to commence the work immediately or to wait for a few years. Mr. Whitaker said they were planning to go ahead, they had plans at the present time for apartments in the R-3 zoning, and they are negotiating with some people on the C-1 property. They are planning to go ahead with the building program, providing they can get financing, etc. to do so. Councilman Park asked if they planned to develop the northern portion not covered in this application for rezoning as R-l, and Mr. Whitaker said they are not doing anything with it at the present time, as they have a possible buyer for it as R-1. Mayor Karlen asked for any opponents to the rezoning to address the Council and Mr. Takvor Takvorian of 2816 Mt. Vernon Avenue stated that he was not actually there in the role of opponent but would like to have some questions answered. The property has been up for rezoning three times and twice before the Council and the Bakersfield~ California, November 28, 1966 Page this One ll Planning Commission have turned down any commercial zoning of property, as they felt it was R-1 and should remain that way. of the Council members at the last hearing stated that the line should be drawn on Columbus, that there was a lot of room for commercial south of Columbus, and this property should be kept R-1. The people that he represents, he does not have any official group, but they are people who live on Mr. Vernon and one or two on the other side, he has no written petition, feel that possibly this would set a precedent if this piece of property were zoned commercial.' They have no objection to the proposed R-3, but they are worried about the commercial property. This is going to be the first development, and he asked what is to prevent the property owner from coming back to the Council within a certain length of time, and saying since the precedent has been set for zoning the property commercial, how about zoning the rest of the property commercial. Commercial was requested for the Shell Service station on the corner of Mr. Vernon and Columbus and the property owners felt they should not oppose that. The first argument used the very next time a request was made for rezoning this property was that a precedent had been set, there is already commercial zoning on this property, why can't it be changed to commercial. So it could be a piecemeal thing. If they zone it commercial tonight, why not again zone it commercial at a later time. Mr. Takvorian stated he honestly could not object to the construction of nice apartments across the street from his property. But he and his neighbors are afraid that the property will be gradually zoned commercial, because a precedent has already been set. Councilman Stiern said he would like to reply to the question. He recalls the last hearing that was held on this property, as he was on the Council at that time, and the proposal that was presented that night was vastly different from what is being proposed tonight. At that time, north of the service station and fronting on Mr. Vernon, there was a large commercial establishment planned, a Bakersfield, California, November 28, 1966 Page drive-in arrangement, which would have been unpleasant as far as the people across the street on Mt. Vernon were concerned. This proposal being considered tonight looks to him like the answer to the fears of the people in the neighborhood regarding development across the street from them. When a proposal comes along which solves the problem involving property adjacent to them, he feels it would be wise to be in favor of it.. Mr. Whitaker's proposal for R-3 development across the street is very different from the last proposal. It completely surrounds the proposed commercial on Columbus Street, and he thinks it is a good proposal, one that the neighbors could live with very easily. Mr. ~hitaker is asking for a total consideration which involves the area to the north as well. He has known Mr. Whitaker for some time, and has no reason to believe that he would represent something to the Council and agree to certain stipulations and in two or three years come back to the Council and request that a change be made. If this plan is agreeable to him and his family, Councilman Stiern believes that he will honor any agreement that he makes tonight. Mr. Takvorian said it does indeed look like a solution to their problem, and Mr. Whitaker may actually believe now that he will go ahead with the development as requested tonight, but Mr. Whitaker may not own this property in a couple of years. He then asked if zoning this property C-1 will set a precedent for someone else, if Mr. Whitaker should dispose of the property. They know that the R-3 is not going in immediately, the first thing that is going in is the, commercial development. Apparently, Mr. Whitaker is primarily interested in the C-1 developmenf. He stated that he has no argument with the R-3 development, but he asked if the C-1 and C-O zoning could move up. He knows that the Council can't give him a guarantee, there may be a change in the Council. So what is the next Council going to do. This may set a precedent and will result in the whole property being zoned commercial eventually. 2'13 Bakersfield, California, November 28, 1966 Page 13 Councilman Stiern asked Mr. Takvorian what he would suggest instead of this proposal. He replied that he can't see anything wrong with the R-3, but the amount of space to be used for the commercial development at the present time represents a small portion of the whole property. Councilman Hosking said if he understands what Mr. Takvorian is saying, the R-3 zone is being put in to make the C-1 and C-O zoning more palatable, that there may not be any intention whatsoever to proceed with the R-3 construction in the future. That once the commercial is in, then the developer will come back to the Council and request the whole property.be zoned commercial, because the R-3 did not go through. He told Mr. Takvorian, you are wondering what the Council would do under those circumstances. You right in that none o£ the Council can guarantee what will be done in the future, but on the other hand, these applications should be taken in good faith. The Council can't assume that the applicant is doing thus with the present intention of defrauding the Council. If that is the situation, the Council does not want to see that any more than you do, but I am not inclined to think that this is the case. I don't think the Planning Commission, which has more continuity than the Council, would consider letting the matter get this far. Planning Director Sceales said he didn't like to talk for the Planning Commission~ but he could talk from his experience with them. He said he would like to talk on his behalf, as the Director, and he would not recommend commercial zoning on Mr. Vernon. He said Mr. Whitaker would back him on that. They have been talking about this for almost a year, and the plan before the Council tonight is basically a plan which he thought would be compatible and which he had told Mr. Whitaker he would recommend, but he would not recommend additional commercial to strip up Mr. Vernon. Mr. Sceales said he really believes that the Commission goes along with that thinking. Councilman Stiern said they couldn't predict what was going to happen in the future, but they could certainly recall what has happened in the past and any attempt to commercialize the frontage on 244 Bakersfield~ California~ November 28, 1966 Page 14 ~ Mr. Vernon has been turned down by the Council, and tonight they are considering a proposal to'establish R-3 which the people there seem to think is very compatible. Mr. Takvorian said the only thing that the group he represents is afraid of, is the commercialization of the entire area. They can talk all night about the say that a precedent had been set, property commercial. future~ but another Council could and fezone the balance of the Councilman Park said as he understands it~ the plan as presented is not objectionable. A precedent was already set with the establishment of the Shell Service Station. The greatest protection that they have is a realistic zoning of the property at the present time. They all must agree that the R-1 is not a realistic zoning~ it is presently all zoned R-1 except for the Shell Service Station. There was an attempt to zone it all commercial three or four years ago. The greatest protection in the development of this property is to see that it is zoned realistically now and then hold to it. Councilman Park said he certainly couldn't guarantee that it will be developed that way, no one here can, but the only thing they have to rely on is the good judgment of this Council and future Councils, to see that the policy as set forth by Mr. Sceales and the Planning Commission iS adhered to in the development of this property. He said~ frankly, he hopes that it is developed this way and he believes it will be, he is accepting it in good faith. Any future changes, as long as he is on the Council, will meet with a great deal of opposition on his part. Mr. Takvorian asked if it would go down in the record that the Council is reluctant to see it rezoned commercial. Is there something that would be of record to rely on, so that if a request should ever again be made to fezone the property commercial~ it can be pointed out that this Council agreed not to do it. Bakersfield, California, November 28, 1966 Page 15 Councilman Stiern said the conversation is tape recorded and will be on record. Councilman Hosking said he was sure that it would be transcribed into the minutes. Mr. Takvorian said:he came down tonight to present the feelings of the people he represents, they didn't want to bring down a large group~te harangue the Council, they just wanted to make it clear that they did not want a precedent established, so that the whole parcel would eventually wind up commercial. He wanted it to be of record so that if it should ever come up in the future,'there would be a record of the Council's action and conversation tonight. Councilman Stiern said he thinks the suggested development is a good one. It was stated that it has been held in abeyance for eight years. It has been held in abeyance a lot longer than that, it is bare ground with foxtails on it, that has been waiting to be developed for a hundred years. No owner wants to continue to pay taxes on undeveloped ground like that. It represents a very sensible proposal for development, far better than the last time it came before the Planning Commission and the Council. Insofar as Mr. Takvorian is concerned, it represents the beginning of the solving of the problem he is so concerned with. If it gets under way tonight, and Mr. Whitaker culminates the project, the people there aren't going to have any further concern. It is an excellent solution to a long standing problem. Councilman Park said he hasn't had one call or protest against this proposal. He said he thinks the people who will be the most disappointed to see this property developed will be the ones who run for office every two years, because they will lose a spot for putting up political signs. He said he believes this is a realistic plan, this is the way he would like to see the property developed, it fulfills all the criteria that he has thought of regarding the property. He believes that the proDerty that is being rezoned for commercial'property is ideal for that purpose. It is far too valuable property to be utilized for single or multiple dwellings. He appreciates the fact that Mr. Whitaker has considered the surrounding neighborhood to the extent that he has put a good buffer all the way around the proposed commercial Bakersfield, California, November 28, 1966 Page 16 ~--~ property, and with the D-Overlay, they will get some commercial development there that will be representative of the neighborhood. He just doesn't see how they cohld wish for a better development of the property. It has been sitting there too long, the City forces have been called out too often to clean out the gutters around the property. He therefore moved to adopt Ordinance No. 1656 New Series amending Title 17 of the Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located at the northeast corner of Mr. Vernon Avenue and Columbus Street. Council- man Stiern seconded the motion, which carried by the following roll call vote: Ayes: Noes: Absent: Councilmen Balfanz, Doolin, Hosking, Whirremote Park, Rucker Stiern, None None Councilman Stiern asked the City Clerk to record the pertinent portions of the hearing in the minutes and that a copy of the minutes be furnished Mr. Takvorian for his files. Adjournment. There being no further business to come before this Council, upon a motion by Councilman Doolin, seconded by Councilman Rucker, the meeting was adjourned at 9:45 P.M. MAYOR~ ~he City of Bakersfield, Ca lJ~. ATTEST: ~=~.~3 -'f of the Council CITY C%ERK and of the City of Bakersfield, California 2'47 Bakersfield, California, December 5, 1966 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. December 5, 1966. Due to the absence of Mayor Karlen, Vice-Mayor Stiern acted as presiding officer. The Mayor called the meeting to order, followed by the Pledge of Allegiance and Invocation by Councilman William Park. The City Clerk called the roll as follows: Present: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whirremote Absent: Mayor Karlen Minutes of the regular meeting of November 28, 1966 were approved as presented. Reception of request from the City of Tulare that the City of Bakersfield adopt a Resolution requesting the repeal of the "matching funds" section of the Collier-Unruh Act. After discussion, upon a motion by Councilman Hosking, seconded by Councilman Doolin, communication from the City of Tulare requesting the City of Bakersfield to adopt a resolution urging the repeal of the "matching funds" section of the Collier-Unruh Act, was received and ordered placed on file. Communication from League of Women Voters requesting information regarding the City's proposed plan to acquire supplemental water for Greater Bakersfield referred to the Council Water Committee for study and appropriate answer. Upon a motion by Councilman Doolin, seconded by Councilman Rucker, a communication from the League of Women Voters of Bakersfield requesting answers to fourteen questions concerning the City's proposed plan to acquire supplemental water for Greater Bakersfield, was referred to the Council Water Committee for study and appropriate answer. Councilman Stiern stated that as chairman of the Water Committee, he wished to say that he welcomed the communication, the questions and the interest of the League. The questions they are asking in this letter are the type of questions the Water Committee has been asking Bakersfield, California, December 5, 1966 the Kern County Water Agency for the past five years. He went say that the Water Committee will be delighted to answer their questions~ will be delighted to have them attend any of their Water Committee meetings and will help them in any way possible. Councilman Hosking said he would like to add to Councilman Stiern's comment. He thinks many of these qnestions are rather complicated and can be answered by the Stetson Report. If the League of Women Voters has not already received a copy of this report, he requested that one be forwarded to them. Councilman Stiern said he had the same reaction when he read some of the questions, that many of them can be answered by the Stetson Report and he, too, feels that it would be appropriate to send them a copy. City Manager Bergen said if the League of Women Voters has not already received one~ he will make sure that one goes forward to them immediately. Council Statements. Councilman Hosking said he has noticed that many people fail to use their turn signals when they plan to turn, stop or park. He said he wondered if the Police Departmenf was enforcing the use of signals or blinkers by the motoring public. He also suggested that someone instruct the Purchasing Agent to buy some ash trays for the Council members who smoke. City Manager Bergen stated that the order has gone in for ashtrays and fhey will arrive before Christmas. Councilman Doolin said he informed that as far as the City is thought the public should be concerned the crossing guards Page 2 on to will remain on duty at the schools in the City. He said he understood the Board of Supervisors was considering setting up a district to pay for these guards and questioned whether it would be to the advantage of the City taxpayers to be included in this District. 2'49 Bakersfield, California, December 5, 1966 Page 3 City Manager Bergen said he did not think they they should even consider removing the crossing guards~ and he did not believe it would be to the City's advantage to be included in any proposed crossing guard district. Approval and Adoption of Report of the Governmental Efficiency Committee Re: Outside Audit. Councilman Whirremote, chairman of the Governmental Effi- ciency Committee, reported on a meeting of that Committee held on Tuesday, November 29~ 1966, to receive and discuss the independent auditor's report on the City's financial statement for fiscal year 1965-66, discussing the recommendations at length. The GEC has been assured by the administrative staff that the recommendations contained in the report are feasible and will be implemented as soon as possible. The GEC will be meeting in the near future to discuss recommendations relative to fixed assets and accounting for the firemens' Disability and Retirement Fund~ at which time Council with an evaluation. The Committee would also program has resulted in lower fees they will report back to the like to indicate that the auditing for the outside auditing services. Speer~ Chavez, Ruggenberg and Wright have stated that the City has achieved stabilization in its auditing program and will be able to look forward to a relatively constant charge for its outside auditing program. The Committee regards this as a major accomplishment in reducing the substantially higher charges paid in recent years, and would like to commend City Manager H. E. Bergen and Auditor-Controller D. L. Haynes, as well as the thorough and competent work by the outside auditing firm. Councilman Park called attention to the recommendation in the report that accounting control over fixed assets should be maintained. These records are incomplete, and he is in favor of action being taken to assure early completion of these records as recommended. All members of the Council agreed with Councilman Park~ and after 250 Bakersfield, California, December 5, 1966 Page 4 discussion, upon a motion by Councilman Hosking, seconded by Councilman Park, the report was approved and adopted. Acceptance and Adoption of Report from Water and City Growth Committee Re: Consulting Water Attorney. Councilman Stiern, chairman of the Water and City Growth Committee, read a report, stating that the Committee has been working closely with the City's Consulting Engineer, Mr. Thomas M. Stetson, attempting to find solutions to the water problems and determine the means and methods by which the City may obtain a dependable and economical source of supplemental water for the City of Bakersfield. The City's attorney on water matters has been Mr. John K. Bennett, who has completed his phase of the work involved and will no longer be needed. The Committee has been well pleased with his work. After consultation with Mr. Stetson, the Water Committee is recommending that the City enter into a contract with Mr. Ralph Helm of Helm and Budinger, attorneys, of Studio City, for continuing legal counsel and representation on the questions of water law. Mr. Helm is eminently qualified~ and the Committee expects him to be of great service to the City of Bakersfield. He has worked closely with Mr. Stetson on water matters in the past. The Committee feels that the employment of Mr. Helm as counsel for the City will be particularly advantageous at this time and convenient as well, since both Mr. Stetson and Mr. Helm maintain offices in the Los Angeles area. This will entail no new expenditure by the City since the appropriation for legal counsel was set during June budget hearings and the terms of the contract are identical to the contract authorized for Mr. Bennett. The Water Committee recommends favorable consideration on this matter. Councilman Doolin, made a motion, seconded by Councilwoman Balfanz, that the report be accepted and adopted, subject to the stipulation that cost of Mr. Helms' services are identical with the amount paid to Mr. Bennett. The motion carried unanimously. 251 Bakersfield, California, December 5, 1966 P~ge 5 Approval of Agreement with law firm of Helm and Budinger, and Ralph B. Helm individually, for legal services as special water counsel. Upon a motion by Councilman Doolin, seconded by Councilwoman Balfanz, agreement with the law firm of Helm and Budinger, and Ralph B. Helm individually, for legal services as special counsel fer the purpose of assisting in the acquisition of a supplemental source of water for the City of Bakersfield was approved, and the Mayor was authorized to execute same. Allowance of Claims. Upon a motion by Councilman Doolin, seconded by Councilman Rucker, Vouchers Nos. 1920 to 2033, inclusive, in amount of $53,749.59, as audited by the Finance Approval Committee, were allowed, and authorization was granted for payment of same. Adoption of Resolution No. 78-66 of the Council of the City of Bakersfield fixing a time and place for hearing protests by persons owning real property within territory designated as "Union Cemetery No.2", proposed to be annexed to the City of Bakersfield. Upon a motion by Councilman Park, seconded by Councilwoman Balfanz, Resolution No. 78-66 of the Council of the City of Bakers£ield fixing a time and place for hearing protests by persons owning real property within territory designated as "Union Cemetery No. 2", proposed to be annexed to the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None Adoption of Minute Order authorizing the City Manager, City Attorney, Assistant City Attorney and Director of Water Resources to register as Legislative Advocates for the forthcoming general session of the Legislature. Upon a motion by Councilman Hosking, seconded by Councilman Park, the Council adopted a Minute Order authorizing the City Manager, City, Attorney, Assistant City Attorney and Director of Water Resources to register as Legislative Advocates for the forthcoming general session of the Legislature. 252 Bakersfield, California, December 5, 1966 Page 6 First reading of an Ordinance of the Council of the City of Bakersfield amending Sections 3.64.020 and 3.64.030 of Chapter 3.64 (Vacation and Sick Leave.) At this time first reading was given an Ordinance of the Council of the City of Bakersfield amending Sections 3.64.020 and 3.64.030 of Chapter 3.64 (Vacation and Sick Leave.) This amendment reduces the time element from 10 years to five years for eligibility to earn three weeks vacation, and will be accumulated during the fifth year and taken in the sixth year. This ordinance is retroactive to July 1st in accordance with prior Council Action. Approval of payment of City of Bakersfield's share of Cost-Benefit Study conducted by the Stanford Research Institute. Upon a motion by Councilwoman Balfartz, seconded by Councilman Hosking, payment for the City of Bakersfield's proportionate share of the Cost-Benefit Study conducted by the Stanford Research Institute, in amount of $5,189.50, was approved, and the Auditor-Controller was authorized to issue check for this payment. Mr. Valliere, Stanford Research Institute liaison for the Association of Kern CountyCities, advised the members of the Council that this report should be in their hands by the end of December. Acceptance of Work and Mayor authorized to Sign Notice of Completion of Contract No. 68-66 for Construction of Portland Cement Concrete Median Island Curbs on various Major City Streets. Upon a motion by Councilman Park, seconded by Councilman Whittemore, the Work was completed and the Mayor was authorized to execute the Notice of Completion for recordation for the construction of Portland Cement Concrete Median Island Curbs on various Major City Streets. Acceptance of Work and Mayor authorized to Sign Notice of Completion for Paving and Improving Columbus Street from 0.08 miles East of River Boulevard to Haley Street. Councilman Park said he has received comments that the surface of the north lane of Columbus from 0.08 miles East of River Boulevard to Haley Street was rough, and asked if the City was satisfied with the work done by the contractor. Public Works Director Jing stated that continuous inspections had been made, but they Bakersfield, California, December 5, 1966 Page 7 would review this construction. Councilman Park commented that some of the retaining walls replaced at City expense, but not a part of this contract, look unfinished. He wanted it made clear that this contract does not include the retaining walls and the clean-up work along Columbus Street, particularly along the north side. Mr. Jing stated that some of the landscaping will be done by City forces and is not part of the contract. Councilman Stiern said he agreed with Councilman Park, he has seen the retaining walls and the stepped-off appearance does not look as good as it could. Mr. Jing said part of that was due to a big differential in grade, but they,would review it, and if additional brick work is required, it will be done by the City. He told Councilman Park that he was satisfied that the contractor who did the work at City expense, has met specifications. City Manager Bergen said the plans and specifications called for the retaining wall and the construction as has been done by the contractor. This work has been completed satisfactorily, but the City will go in and add the bricks which would make the work look better from an aesthetic viewpoint, however, it isn't faulty workmanship or the fault of the construction. Councilman Stiern said he wasn't commenting about the quality of workmanship, he has seen it, and thinks it is very good. But he is talking about the design and the stepping down at grade, etc., which he thinks should be looked into. City Manager Bergen said the decisions are made by the resident engineer in the field and sometimes the addition of a dozen bricks would make owner's viewpoint. the earth, but if the eye, a big difference when looking at it from a property The contractor built the retaining wall to retain it is necessary to make it a little more pleasing to it will have to be done by City forces. 254 Bakersfield, California, December 5, 1966 Page 8 Councilman Park said a large portion of a hedge had been cut. down on one property, more hedge than was required to put in the curbs and gutters. He asked if approving this work tonight would affect restoration of property which had been destroyed unnecessarily. City Manager Bergen said if the City had removed hedge which shouldn't have been removed, they would replant it. He said they would also look at the retaining walls, and if it is necessary to make any additions to finish the wall to satisfy the property owner, they will do so. Councilman Park stated that with the understanding that tile contractor has met the City's specifications for the work in the contract and that the City will, without delay, proceed with clean-up work and the finish work that is necessary to complete the job, he would move to accept the Work and authorize the Mayor to execute the Notice of Completion for recordation. Councilman Hosking said if tile specifications have not been met by the contractor, he will not vote in favor of the motion. Mr. Jing said the contractor had met the specifications~ but if there Were certain modifications needed to dress up the job, it would be done by City forces. After further discussion~ the motion was seconded by Councilman Rucker and carried unanimously. Councilman Park asked for a clarification regarding the lighting situation on Columbus Street. He said he understands the street lighting does not have anything to do with this contract. City Manager Bergen siad this is correct. The street lights have been ordered from Pacific Gas & Electric Company for installation on the wood poles. They were not in a position to install them until after the construction was complete and he does not have a time ele-. ment on it, however, he will get the information for the Council. He said there will be several street lights installed on double standards. 2,55 Bakersfield, California, December 5, 1966 Page 9 Approval of Plans and Specifications for construction of a Restroom-Storage Building at Lowell Park in the City of Bakersfield. Upon a motion by Stiern, seconded by Councilman Whittemore, plans and specifications for the construction of a Restroom Storage Building at Lowell Park were approved, and the Auditor-Controller was authorized to advertise for bids. Petitions for Formation of a Public Improvement District referred to the City Engineer to check the signatures. Upon a motion by Councilman Whittemore, seconded by Councilman Doolin, petition for the formation of a Public Improvement District in an area bounded by Wilson Road on the north, "M" Street on the east, Rosalie Drive on the south, and "L" Street on the west, were received and referred to the City Engineer to check the signatures. Re-appointment of Justus A. Olsson as Member of the Board of Zoning Adjustment. Upon a motion by Councilman Doolin, seconded by Councilman Park, Justus A. Olsson was re-appointed as a member of the Board of Zoning Adjustment for a three year term expiring December 1, 1969. Acceptance of Street Right of Way Deed from Bernice E. Croft for the widening of South "H" Street at Terrace Way, Upon a motion by Councilwoman Balfanz, Rucker, Street Right of Way Deed from Bernice E. of South "H" Street at Terrace Way was accepted. Adjournment. seconded by Councilman Croft for the widening There being no further business to come before the Council, upon a motion by Councilman Doolin, seconded by Councilman Par~ the meeting was adjourned at 9:00 P.M. ATTEST: CITY CLERK and Ex-Officio Clerk of the Council of the City of Bakersfield~ California 256 Bakersfield, California, December 12, 1966 Page 1 ~ Present: Absent: Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. December 12, 1966. The M~yor called the meeting to order followed by the Pledge of Allegiance and Invocation by Councilman Richard Stiern. The City Clerk called the roll as follows: Mayor Karlen. Councilmen Balfanz, Doolin, Hosking, Rucker, Stiern, Whittemore Councilman Park Minutes of the regular meeting of December 5, approved as presented. 1966 were Reception of communication from Mr. and Mrs. Jean Kitchak, regarding notice from the City Engineer's office terminating sewer rental agreement as of January, 1967. Upon a motion by Councilman Doolin, seconded by Councilman Stiern, communication from Mr. and Mrs. Jean Kitchak, 2600 Greenleaf Court, regarding a notice from the City Engineer's office terminating sewer rental agreement as of January, 1967, was received and ordered placed on file, sewer rental agreement with the City is to be conti- nued, and as requested in the communication, the name of Mr. and Mrs. Kitchak is to be removed from petition opposing annexation of that area designated as "Sunset No. 4", to the City of Bakersfield. The City Engineer was instructed to notify them of the action of the Council. Reception of Resolution from membership of County Engineers Association of California. Upon a motion by Councilman Hosking, seconded by Councilman Rucker, resolution from membership of the County Engineers Association of California expressing its appreciation to the Council and the City of Bakersfield for warm hospitality during the recent 51st Annual Meeting of the Association was received and ordered placed on file. 257 Bakersfield, California, December 12, 1966 Page 2 Reception of communication from County Supervisors Association of California expressing appreciation for cooperation received from Civic Auditorium Staff. Upon motion by Councilman Rucker, seconded by Councilwoman Balfanz, communication from County Supervisors Association of California expressing appreciation for cooperation received from Civic Auditorium staff during its recent meeting in Bakersfield, was received and ordered placed on file. Reception of communication from R. A. Sirman, Kern District Manager, Pacific Gas and Electric Company, withdrawing applications to change gas and electric franchises. Upon a motion by Councilwoman Balfanz, seconded by Counc~kl- man Doolin, communication from R. A. Sirman, Kern District Manager:, Pacific Gas and Electric Company, withdrawing applications to change the existing gas and electric franchises from fifty years to indeterminate status, scheduled for continued hearing at this meeting, was received and ordered placed on file, and hearing was terminated. Reception of communication from League of Women Voters of Bakersfield requesting Council indication as to when they may expect answers to questions concerning the City's plan to acquire supplemental water. Upon a motion by Councilman Stiern, seconded by Councilwoman Balfanz, communication from League of Women Voters of Bakersfield requesting Council indication as to when they may have answers to their fourteen questions concerning the City's plan to acquire supplemental water, was received and ordered placed on file. Councilman Stiern said he felt compelled, on behalf of the Water Committee, to explain to the rest of the Council that they did not realize there was a time limit placed on answering the League's letter. This was not a letter to be turned over to the administrative staff to answer, as all members of the Water Committee were involved. The letter has been answered to the best of the Committee's ability:, and for the information of the Council, the letter has been sent to Mrs. Gelman this afternoon Bakersfield, California, December 12, 1966 Council Statements. Councilman Doolin commented on an article in the bulletin issued by the Better Business Bureau regarding payment of Kern County residents to Londen Publishing Company to have their biographies printed in a publication of Kern County History~ who have been notified of bankruptcy proceedings in connection with this publish- ing company. This report was discussed by other members of the Council and Councilman Hosking stated that he understands there may be sufficient funds to pay for the publication of the history which has already been written. Allowance of Claims. Upon a motion by Councilman Doolin, seconded by Council- man Rucker, Vouchers Nos. 2034 to 2110 inclusive, in amount of $37,063.12, as audited by the Finance Approval Committee, were allowed, and authorization was granted for payment of same. Acceptance of bid of Ray Gaskin Service for 25 yard Refuse Packer Trucks. Upon a motion by Councilman Rucker, seconded by Councilman Whittemore, bid of Ray Gaskin Service in the amount of $41,888.00~ was accepted for 25 yard Refuse Packer Trucks, and all other bids Page 3~ were rejected. corrected, Rejection of bid of Bituminous Distributor Truck and authorization granted to readvertise using revised specifications. In accordance with recommendation of Public Works Depart- ment, upon a motion by Councilman Whittemore, seconded by Council- man Rucker, one bid received to furnish Bituminous Distributor Truck was rejected and authorization was granted to readvertise for bids using revised specifications. Adoption of Ordinance No. 1657 New Series of the Council of the City of Bakersfield amending Sections 3.64.020 and 3.64.030 of Chapter 3.64 (Vacation and Sick Leave.) After discussion, upon a motion by Councilman Doolin, seconded by Councilman Rucker, Ordinance No. 1657 New Series of the Council of the City of Bakersfield amending Sections 3.64.020 and 3.64.030 of Chapter 3.64 (Vacation and Sick Leave) was adopted as by 259 Bakersfield, California, December 12, 1966 Page 4 the following vote: Ayes: Noes: Councilmen Balfanz, Doolin, Hosking, Rucker, Whirremote Councilman Stiern Absent: Councilman Park Councilman Stiern requested that the record show he voted in the negative on this ordinance because he thinks it is too generous and inconsistent with private enterprise and as such he does not think it is fair to the taxpayers. Adoption of Ordinance No. 1658 New Series of the Council of the City of Bakersfield amending Section 3.68.110 (Employee Classification) of the Municipal Code of the City of Bakersfield to reflect certain salary changes approved by the City Council in September for newly created positions in the Police Department and to separate the Rank of Detective into Detective Grade I and Detective Grade II, setting the salary at Range 33 for Detective Grade I and Range 35 for Detective Grade II~ Upon a motion by Councilman Hosking, seconded by Councilman Whirremote, Ordinance No. 1658 New Series of the Council of the City of Bakersfield amending Section 3.68.110 (Employee Classification) of the Municipal Code of the City of Bakersfield to reflect certain salary changes approved by the City Council in September for newly created positions in the Police Department and to separate the rank of Detective into Detective Grade I and Detective Grade II, setting the salary at Range 33 for Detective Grade I and Range 35 for Detective Grade II, was adopted by the following vote: Ayes: Councilman Balfanz, Doolin, Hosking, Rucker, Stiern, Whittemore Noes: None Absent: Councilman Park Reception of Certificate of Election and Statement of Votes cast by City Precincts for Propositions 1 (A) and 2 (B) in the City of Bakersfield at General Election of November 8, 1966. Upon a motion by Councilman Hosking, seconded by Councilman Stiern, Certificate of Election and Statement of Votes cast by City Precincts for Propositions 1 (A) and 2 (B) in the City of Bakersfield 26O Bakersfield, California, December 12, 1966 Page 5~ Precinct No. 1 42 85 68 73 2 20 41 27 37 3 30 53 42 51 4 45 99 77 81 5 31 68 37 69 6 33 88 49 79 7 37 95 37 102 8 38 64 56 64 9 11 20 12 18 10 23 45 37 33 ll 23 20 37 15 12 87 32 71 53 13 96 29 86 47 14 52 11 44 16 15 50 20 51 24 16 75 l0 74 18 17 85 5 70 18 18 67 51 68 60 19 16 43 28 46 20 49 43 55 42 21 36 84 39 96 22 40 108 65 92 23 36 113 50 ll0 24 36 118 60 116 25 28 119 36 112 26 33 93 59 75 27 19 80 58 52 28 33 81 48 77 29 34 41 47 34 30 40 52 46 58 31 44 103 56 100 32 41 43 49 38 33 50 32 37 43 34 72 28 63 35 35 87 78 87 78 36 59 43 49 55 37 78 50 79 62 38 88 41 93 42 39 29 106 36 112 40 33 108 54 90 41 15 45 33 31 42 54 97 56 ill 43 23 108 42 95 44 21 116 28 122 45 56 206 44 230 46 27 155 30 162 47 30 109 33 111 48 25 76 47 59 49 26 98 41 85 50 30 61 45 69 51 28 32 29 37 52 36 30 22 27 53 27 56 38 47 54 32 86 36 88 55 30 105 54 91 56 43 80 45 84 57 31 94 46 89 58 20 92 31 90 59 30 87 39 88 60 27 62 38 77 Measure Yes No Yes No Measure B at General Election of November 8, 1966, were received and ordered placed on file, and the City Clerk was instructed to spread the results in full on the Minutes. Bakersfield, California, December 12, 1966 Page 6 Precinct 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105. 106 107 108 109 110 NO. Measure A Measure B Yes No Yes No 39 76 40 78 36 59 45 59 38 69 52 61 34 66 42 65 20 69 34 65 55 124 64 125 51 114 75 103 48 84 68 74 23 137 59 27 127 66 103 74 40 66 50 61 35 56 41 74 25 65 50 80 35 83 41 87 59 100 60 33 71 52 64 26 84 37 76 26 98 44 87 26 69 30 71 26 103 40 105 44 110 40 121 35 126 49 121 25 137 64 106 25 89 50 70 35 89 70 62 42 116 65 112 38 130 55 121 80 15 66 22 48 16 42 26 74 9 70 16 52 7 44 16 102 14 94 25 44 8 44 12 62 14 59 27 63 176 96 156 31 77 58 56 12 67 28 59 44 81 60 72 31 122 60 101 40 92 63 80 43 169 59 161 31 159 57 138 35 112 51 103 26 121 43 114 33 170 63 146 34 122 50 116 42 171 85 139 28 134 62 lll 20 70 26 66 27 71 39 64 Precinct No. ill 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 1 52 153 1 54 155 1 56 157 1 58 1 59 160 161 162 Absentee Vote Total Vote Bakersfield, California, Yes No 59 116 29 121 28 135 27 66 21 66 31 85 37 89 28 109 40 115 41 128 24 ll5 34 124 29 102 69 120 36 128 43 78 52 118 31 132 36 134 32 107 33 142 36 97 50 105 41 lll 43 119 50 130 49 108 42 128 41 113 44 149 48 107 42 146 56 128 43 117 31 143 50 108 58 137 53 148 48 141 46 188 40 103 55 142 34 104 48 164 52 207 70 187 44 154 33 115 46 171 42 150 60 184 40 92 6748 291 7039 15117 711 15828 December 12, 1966 ~easure B Yes No 61 131 60 98 43 131 30 89 38 55 43 81 47 87 40 116 47 115 63 111 39 119 46 119 36 99 66 133 54 116 47 84 44 134 38 131 30 145 36 106 47 132 41 99 51 111 62 101 48 115 49 137 47 119 50 134 50 108 35 164 42 124 52 147 35 161 28 142 58 125 29 131 45 155 49 161 53 144 52 189 26 132 25 176 31 113 75 141 67 208 87 185 59 145 53 107 74 150 86 116 99 154 22 115 8270 14885 563 469 8833 15354 Page Bakersfield, California, December 12, 1966 Date set for hearing before the Council on appeal by the Central Southern Baptist Church to certain aspects of the decision of the Board of Zoning Adjustment to request for a variance of an R-1 Zone to permit the development of an off-street parking area for an existing church on that certain property commonly known as 300 Houchin Road. Upon a motion by Councilman Doolin, seconded by Council- woman Balfanz, date of January 3, 1967 was set for hearing before the Council on appeal by the Central Southern Baptist Church to certain aspects of the decision of the Board of Zoning Adjustment relatiwe to request for a variance of an R-1 (Single Family Dwelling) Zone to permit the development of off-street parking for an existing church on that certain property commonly known as 300 Houchin Road. Date set for hearing before the Council on application by J. O. Barber for amending of the zoning boundaries for those certain properties in the City of Bakersfield commonly known as 421 to 531 Olive Street. Upon a motion by Councilman Stiern, seconded by Councilman Whittemore, date of January 3, 1967 was set for hearing before the Council on application by J. O. Barber for amending of the zoning boundaries from an R-3 (Limited Multiple Family Dwelling) Zone to an R-3-P-D) Limited Multiple Family Dwelling - Automobile Parking - Architectural Design) or more restrictive, Zone, for those certain properties in the City of Bakersfield Commonly known as 421 to 531 Live Street. Date set for hearing before the Council on application by Hazel Mathis for amending of the zoning boundaries for that certain property located on the east side of Beale Avenue between Jefferson and Grace Street. Upon a motion by Councilwoman Balfanz, seconded by Council- man Stiern, date of January 3, 1967 was set for hearing before the Council on an application by Hazel Mathis for amending of the zoning boundaries from an R-1 (Single Family Dwelling) Zone and an R-3 (Limited Multiple Family Dwelling) Zone to a C-1-D (Limited Commercial Architectural Design), or more restrictive, Zone, for that certain property located on the east side of Beale Avenue between Jefferson and Grace Street. 263 Page 8 264 Bakersfield, California, December 12, 1966 Page 9 Date set for hearing before the Council on initiated action by the Planning Commission to amend the zoning boundaries of that certain property bounded on the north by Christmas Tree Lane, on the south by University Avenue, on the east by Dana Street and on the west by Mr. Vernon Avenue. Upon a motion by Councilman Whittemore, seconded by Council woman Balfanz, date of January 9, 1967 was set for hearing before the Council on an action initiated by the Planning Commission to amend the zoning boundaries from a C-2-D (Commercial - Architectural Design) Zone to an R-4-D (Multiple Family Dwelling - Architectural Design) or more restrictive Zone, and to a C-1-D (Limited Commercial- Archi- tectural Design) or more restrictive, Zone, for that certain property bounded on the north by Christmas Tree Lane, on the south by University Avenue, on the east by Dana Street and on the west by Mr. Vernon Avenue. Date set for hearing before the Council on initiated action by the Planning Commission to amend the zoning boundaries for those certain properties located on Lake Street, easterly of Union Avenue, westerly of Kern Street, southerly of Niles Street and northerly of Kentucky Street. After discussion, upon a motion by Councilwoman Balfanz, seconded by Councilman Rucker, date of January 9, 1967 was set for hearing before the Council on an initiated action by the Planning Commission to amend the zoning boundaries from a C-2 (Commercial Zone and an M-1 (Light Manufacturing) Zone to an M-1-D (Light Manufacturing - Architectural Design or more restrictive, Zone, for those certain properties located on Lake Street easterly of Union Avenue, westerly of Kern Street, southerly of Niles Street and northerly of Kentucky Street. Encroachment Permit granted Pacific Telephone and Telegraph Company for underground fuel tank in alley at rear of 1520 20th Street. Upon a motion by Councilwoman Balfanz, seconded by Councilman Stiern, Encroachment Permit was granted Pacific Tele- phone and Telegraph Company to install lO,000 gallon underground fuel tank in alley at rear of 1520 - 20th Street. Bakersfield, California, December 12, 1966 Page l0 Reception of Certificate from City Engineer of sufficiency of petition for formation of a Public Improvement District and City Attorney instructed to prepare necessary resolutions. Upon a motion by Councilman Whirremote, seconded by Council- Stiern, Certificate from City Engineer of sufficiency of petition for formation of a Public Improvement District to construct sidewalks and the necessary retaining walls in an area bounded by Wilson Road, "M~ Street, Rosalia Drive and "K" Street was received and ordered placed on file. The City Attorney was instructed to prepare a resolution of findings and determination of sufficiency of the perdition and a resolution ordering the preparation of estimate, district map and plans and specifications for the construction of sidewalks and the necessary retaining walls. Approval of Agreement with the County of Kern for widening and resurfacing of 34th Street between Chester Avenue and Union Avenue. Upon a motion by Councilman Hosking, seconded by Councilman Doolin, Agreement with the County of Kern for the widening and resurfacing of 34th Street between Chester Avenue and Union Avenue was approved, and the Mayor was authorized to execute same. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Doolin, seconded by Councilman Rucker, the meeting adjourned at 8:50 P.M. MAYOR o~f the City of Bakersfield, Calif. ATTEST: Council of the City of Bakersfield 2:66 Bakersfield, California, December 19, 1966 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. December 19, 1966. The Mayor called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend Clyde Skidmore of the First Southern Baptist Church. The City Clerk called the roll as follows: Present: Mayor Karlen. Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Absent: None Minutes of the regular meeting of December 12, 1966 were approved as presented. Reception of communication from League of Women Voters of Bakersfield requesting information regarding the City's Plan for acquiring supplemental Water. Upon a motion by Councilman Stiern, seconded by Councilman Park, communication from the League of Women Voters of Bakersfield requesting additional information regarding the City's plan for ac- quiring supplemental water was received and ordered placed on file. When making the motion, Councilman Stiern stated that the Committee had answered the questionnaire from the League last week as diligently, appropriately and fairly as possible, and he wished to say on behalf of the members of the Water Committee, that they are not interested in carrying on any further dialogue with Mrs. Gelman, they are more interested in making it possible that eventually the people of Bakers- field will understand the issues of the Greater Bakersfield Municipal Water District. Reception of communication from Mr. Gary E. Thompson re: accessory building at 306 Vernal Place. Upon a motion by Councilwoman Balfanz, seconded by Councilman Park, communication from Mr. Gary E. Thompson, 300 Vernal Place, regarding an accessory building at 306 Vernal Place being used as an apartment house, was received and ordered placed on file and referred to the City Attorney. 267 Bakersfield, California, December 19, 1966 Page 2 Council Statements. Councilman Park said that in case he didn't have the opportunity later, he wanted to wish all of his friends, the city employees and citizens of Bakersfield, a Merry Christmas and a Happy New Year. Mayor Karlen said he and all members of the Council joined with Mr. Park in this wish. Adoption of Report of Governmental Efficiency Committee on Refuse Collection in the Pierce Annexation. Councilman Whirremote, chairman of the Governmental Efficiency Committee, read a report of a meeting held on December 13, 1966 with members of the administrative staff, to consider recommendations rela'tive to refuse collection in the recent Pierce annexation. Business establishments in this area require heavy commercial collection and tile refuse is currently being collected by a private collector for a rate of $252.50 per month. For the City to extend its services and maintain the same standard, it would cost approximately $345.00 per month, due primarily to mileage differences between the city and county dumps and truck capacity, It would also require a change in containerm; to conform to the City's standard size. The Sanitation Superintendent has requested the City to allow fhe private refuse collector to continue commercial collection as an outside service on a month to month basis, and the City will collect residential refuse in the Pierce area. After careful review, the Governmental Efficiency Committee is satisfied that fhe implementation of this recommendation will result in considerable savings to the City of Bakersfield, and the members therefore make the following recommendations: 1. Authorize the private collector to continue commercial refuse collection in the Pierce annexation area. 2. Authorize transfer of funds from the City's Unappropriated Funds on a month to month basis to the Sanitation Division's Rental and Ourside Organizational Fund to cover such services for the remainder of this fiscal year. The GEC has been assured by the administrative staff and the sanitation superintendent that the service provided in this area is comparable to the City's refuse collection standards. Bakersfield, California, December 19, 1966 Page 3 After considerable discussion as to whether the city should continue the expensive operation of the city landfill when city residents are paying county taxes that should entitle the City to use the County dumps, Councilman Hosking moved adoption of the report and the recommendations contained therein. This motion was seconded by Councilman Stiern, and the Mayor was authorized to execute the necessary agreement with the private refuse collector. Adoption of recommendations contained in Governmental Efficiency Report on Police Cars and Motorcycles. Councilman Whittemore, chaimman of the Governmental Effi- ciency Committee, read a report of a meeting held at the request of the City Manager to review recommendations on replacement of police vehicles. Basically, the recommendations will establish a policy of replacing vehicles at 60,000 miles or after 3 years of service, whichever occurs first. Also considered by the Committee was a recommendation to replace 12 solo motorcycles with four 4-door sedans to be used strictly for traffic enforcement, which will result in an immediate savings of an estimated $4,000 per year in vehicle replacement costs. It was indicated that five 4-door sedans exceed the replacement policy and unless replaced this fiscal year. not scheduled for replacement will result in high maintenance cost The Committee made the following recommendations to the full Council: 1. Delete 1967 one-half ton pickup from the current fiscal budget 2. Delete five solo motorcycles from the current fiscal budget 3. Approve nine additional 4-door sedans 4. Approve the replacement of twelve solo motorcycles This will increase 4-door sedans from 27 to 31 and decrease colo motorcycles from 35 to 23. After discussion, upon a motion by Councilman Park, seconded by Councilman Hosking, the recommendations contained in the report were adopted. 269 Bakers£ield, California, December 19~ 1966 Page 4 Councilman Park said he would like to commend the Police Department and Chief Towle for this move towards efficiency~ as he knows this is the type of progressiveness that is needed and the type of reorganization that will eventually result in great savings to the taxpayers. He also stated that he hoped the Council will give some future consideration relative to entering into a contract with the State Employees Retirement System to lower the retirement age limit to 50 for those officers in the Police Department who desire to do so. Councilman Park also called attention to the fact that some thought should be given to remodeling the police headquarters, as the present building is not adequate for an expanding city and police force. Reception of Report of the Governmental Efficiency Committee on Retired Employees Benefits. Councilman Whittemore, chairman of the Governmental Efficie:acy Committee, read a report of that Committee stating it has been presented with an actuarial study prepared by the State Employees Retirement System outlining the increased contribution rate that would be charged to the City of Bakersfield to increase benefits of the currently retired employees. The GEC will take the information presented under study and evaluation and will prepare a report to the full Council on this subject during the Council's consideration of the fiscal 1967-68 budget. Upon a motion by Councilman Rucker, seconded by Councilman Stiern, the report was received and ordered placed on file. Date set for hearing on proposals for changing business license ordinances. Councilman Rucker, chairman of the Special Committee on Business Licenses Tax and Procedure, read a report of this Committee, stating that it has undertaken a complete examination~of the existing revenue and taxation code and has reviewed the business license ordinances in search of inequities that could exist within the present licensing framework. Inequities were defined as: Bakersfield, California, December 19, 1966 Page 1. License taxes working an injustice to licensees and preventing the City from expanding its economic activity 2. Outmoded rate structures which did not reflect changes in prices and in volume of transactions 3. Inadequate coverage which could allow for exemptions of certain businesses They have examined the question of refundable fees and are prepared to recommend steps by which the issuance of permits and licenses will be simplified. The Committee recommends that the Council cut the existing gross receipts tax scale on retail business by fifty percent. However, this will result in a reduction of the City's annual revenue by approximately $70,000. In order to compensate for this reduction, the Committee recommends the imposition of a cigarette tax as an alternative source of revenue, which will generate approximately $75,000 to $85,000 yearly. Cutting the current business license tax will spur economic expansion and city growth. The Committee requested the Council to study the information and data supplied them during the next few weeks, and upon a motion by Councilman Rucker, seconded by Councilwoman Balfanz, date of January 16, 1967 was set for a public hearing before the Council on the recommendations for changing the business license ordinances. Allowance of Claims. Upon a motion by Councilman Doolin, Rucker, Vouchers Nos. 2111 to 2236 inclusive, as audited by the Finance Approval Committee, were allowed, authorization was granted for payment of same. seconded by Councilman in amount of $52,102.62, and Acceptance of low bid of Joe C. Brown for construction of Multi-Purpose Game Slabs at Siemon Park and at California Avenue Park. Upon a motion by Councilman Hosking, seconded by Councilwoman Balfanz, low lump sum bid by Joe C. Brown for the construction of Multi-Purpose Game Slabs at Siemon Park and at California Avenue Park was accepted, all other bids were rejected, and the Mayor was authorJ. zed to execute the contract. Bakersfield, California, December 19, 1966 Page 6 Acceptance of Bid of Kern Sprinkler Company for construction of Jefferson Park Sprinkler System. Upon ~ motion by Councilwoman Balfanz, seconded by Councilman Stiern, low qualified bid of the Kern Sprinkler Company in amount of $13,200. for construction of Jefferson Park Sprinkler System was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. First reading of an Ordinance of the Council of the City of Bakersfield amending the Municipal Code by adding Sections 11.04.749 (Speed Limit on 24th Street) and 11.04.764 (Speed Limit on Columbus Street.) After discussion, first reading was considered given an Ordinance of the Council of the City of Bakersfield amending the Munici- pal Code by adding Sections 11.04.749 (Speed Limit on 24th Street) and 11.04.764 (Speed Limit on Columbus Street.) Adoption of Resolution No. 79-66 of Findings and Determinations on petition for construction of sidewalks located within Tract No. 1541, the same to be in- cluded in Proposed Public Improvement District No. 819, in the City of Bakersfield, California. Upon a motion by Councilman Whittemore, seconded by Councilman Doolin, Resolution No. 79-66 of Findings and Determinations on PetitJ. on for construction of sidewalks located within Tract No. 1541, the same to be included in proposed Public Improvement District No. 819, in the City of Bakersfield, California, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None 272 Bakersfield, California, December 19, 1966 Page 7 Adoption of Resolution No. 80-66 of the City Council of the City of Bakersfield, ordering the preparation of Plans, Specifications, Estimate of Cost, and District Map in the-matter of proposed Public Improvement District No. 810. Upon a motion by Councilman Whittemore, seconded by Councilman Hosking, Resolution No. 80-66 of the City Council of the City of Bakersfield, ordering the preparation of Plans, Specifications, Esti.- mate of Cost, and District Map in the matter of proposed Public Improvement District No. 810, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None Approval of Step Salary Increases. Upon a motion by Councilman Rucker, seconded by Councilwoman Balfanz, the following step salary increases were approved, effective January 1, 1967: K. A. Bowen L. J. Hillis A. McGough W. U. Patterson E. J. Valliere Detective E to 5 Motor Patrolman E to 5 Janitor E to 5 Patrolman E to 5 Admin. Assistant D to 4 Effective December 1, 1966 H. B. Stedman Engineering Aide II C to 3 Encroachment Permit granted Greater Western Builders' to construct wall and concrete planter box along Sunset Avenue. Upon a motion by Councilman Stiern, seconded by Councilman Doolin, Encroachment Permit was granted Greater Western Builders' to construct block wall and concrete planter box along east property line, subject to the construction of an encroaching 15' x 4' high concrete block wall at the back of sidewalk and extending westerly from the easterly property line. Bakersfield, California, December 19, 1966 Page 8 Hearings. This being the time set for hearing of protest, objections: or appeals in respect to the diagram, assessment and work done in Public Improvement District No. 810 (Columbus Street) under and pursuant to Resolution of Intention, Resolution No. 810, and the Improvement Act of 1911, the City Clerk reported that notices of hearing had been sent out and no written protests were filed in her office. The Diagram and Assessment have been filed in the City Clerk's office and the Affidavit of Publication and Certificates of Mailing and Posting Notice of Hearing on the Assessment are also on file in the City Clerk's office. The Superintendent of Streets testified that the work was constructed in substantial compliance with the plans and specifications, and that the assessment was prepared and spread by him, and that in his opinion the assessment has been spread upon the lots or parcels of land in the district subject to assessment in proportion to the benefits arising from the work and to be received by each such lot or parcel. The Mayor asked if any person present desired to make oral protest. Hearing none, the public hearing was declared closed, and upon a motion by Councilman Park, seconded by Councilman Whittemore, Resolution No. 81-66 of the City Council of the City of Bakersfield, California, providing for a contribution; and making determinations and confirming assessment and proceedings under Resolution of Intention, Resolution No. 810, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern Whirremote Noes: None Absent: None Bakersfield, California, December 19, 1966 Page This was the time set for hearing before the Council on an appeal by Mrs. Burnett Love to the decision of the Board of Zoning Adjustment denying her application for a Conditional Use Permit ~of an R-2 (Two Family Dwelling) Zone to permit the operation and Main- tenance of a Boarding House for five to six persons on that certain property in the City of Bakersfield, commonly known as 331 10th Street. The City Clerk reported that this hearing had been duly advertised and posted. Communication was received in the City Clerk's office from Mr. Theodore S. Hougham, 331 - llth Street, requesting the Council to refer to the two petitions containing 54 signatures on file with the Board of Zoning Adjustment indicating the feeling of the majority of the property owners in the neighborhood, and stating that the people are still of the same opinion as before and they request the CounCil to respect their wishes in this matter. A letter was also received in the City Clerk's office from Nancy Raper of the Kern County Welfare Department, stating that Love had been licensed to care for aged guests and no complaints; Mrs. Mrs. have been received about her home and care. The findings of the Board of Zoning Adjustment at its regular meeting held October 25, 1966 on the application, were read. The applicant, Mrs. Love, addressed the Council, stating that she was desirous of obtaining the Conditional Use Permit, had not discussed the matter with her neighbors and was not aware they were opposed to the operation of the boarding house. Mr. Theodore Hougham addressed the Council stating~ that this was a residential neighborhood and the people in the area were desirous of keeping it that way. The Mayor then closed the public hearing. It was brought out during Council discussion that five parking spaces are required for this operation and only two spaces are provided. It was then moved by Councilman Rucker, seconded by Councilman Whittemore, that the dicision of the Board of Zoning Adjustment be upheld, and Zoning Resolution No. 199 denying a Conditional Use Permit to permit the Bakersfield, California, December 19, 1966 Page operation and maintenance of a boarding house on that certain property commonly known as 331 adopted. Ayes: Noes: for five to six persons - 10th Street, be The motion carried by the following roll call vote: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whirremote None Absent: None Adjournment. There being no further business to come before the Council, upon a motion by Councilman Park, seconded by Councilman Doolin, the meeting adjourned at 9:55 P.M. 275,' l0 ATTEST: CITY CLERK and Ex-Officio Clerk of 'the Council of the City of Bakersfield 276 Bakersfield, California, December 27, 1966 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. December 27, 1966. The Mayor called the meeting to order followed by the Pledge of Allegiance and Invocation by Dr. Glenn Puder of the First Presbyterian Church. The City Clerk called the roll as follows: Present: Mayor Karlen. Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Absent: None Minutes of the regular meeting of December 19, 1966 were approved as presented. Reception of communication from Leo N. Whitecotton, Re: Traffic congestion at City Hall and County Administrative Buidling at 5:00 P.M. Upon a motion motion by Councilman Hosking, seconded by Councilman Park, communication from Leo N. Whitecotton, 726 N. Fairfax Road, regarding traffic congestion at City Hall and the County Administrative Building at 5:00 P.M., was received and referred to the Traffic Authority. Council Statements. Councilman Park stated he would like to read the following letter: Honorable Mayor and City Council: Congressman-elect Bob Mathias has paid me the high honor of asking me to serve with him in the Washington, D.C. Office, as his Administrative Assistant. Although I am flattered and deeply grateful to Bob for the confidence that he is placing in me~ I have accepted the position with mixed emotions. It requires that I resign from my position as City Councilman from the Third Ward. My resigna.- tion shall be effective at the close of tonight's meeting. I wish to thank the folks of the Third Ward for having granted me the privilege of representing them for the last two years. It has been one of the most interesting and enjoyable experiences of my life. I look with pride upon the accomplishments made during this 2'77' Bakersfield, California, December 27, 1966 - Page 2 on the and is of Bakersfield. missed. 'time, with full realization that in government seldom can one individual claim full credit for accomplishment but that progress is made through the cooperative efforts of many. I am very grateful to the Mayor, Council Members, City Employees and Citizens of this community for the spirit of cooperativehess that has existed during my term in office. I'm going to miss you all. However, I am looking forward with great anticipation, to serving with Bob Mathias in an area of broader service. This is an opportunity to serve not only the City of Bakersfield, but the entire 18th Congressional District. Bob is honest, sincere and accustomed to hard work and I know that he is going to be an exceptional Congressman for this District. I'm proud to be part of his team in Washington. Because of the vacancy created by my resignation and in order for the Third Ward to have proper representation with the least interruptions possible, I respectfully request the following: 1. The Mayor and City Council call for a special election to be held at the earliest possible date 2. An interim appointment be made to fill the vacancy until a duly elected representative can be seated Yours truly, (s) William H. Park Third Ward Councilman Dr. Stiern commented that Councilman Park will be greatly missed on the Council, as in two years he has distinguished himself as a very fine Coun~lman. He can only say that Congressman Mathias is building himself a fine staff and he wished Mr. Park every success in Washington, D. C. Councilman Whirremote said he has worked with Councilman Park Governmental Efficiency Committee and several other committees, very much aware of the fine contributions he has made to the City He joined with Dr. Stiern in saying that he will be 278 Bakersfield, California, December 27, 1966 - Page~3 Councilman Hosking said he has worked with Mr. Park on the Water Committee and he will indeed be missed. He wished him Godspeed and said he feels that he will continue to serve theCity of Bakersfield in Washington. Councilwoman Balfanz said she would like to add her sentiments to the previous remarks. She has worked with Mr. Park on the Governmental Efficiency Committee and they spent many hours trying to do a good job for the City, and she feels that the whole committee profired by working with Mr. Park. Councilman Doolin said he wished to congratulate Mr. Park, and he feels that Mr. Mathias has made a wise choice. They have not always agreed on everything, but he feels that Mr. Park is an honest and hard worker, and he doesn't know of a more sincere representative for the Third Ward who has served on the Council. He then wished him Godspeed. Councilman Rucker said he would like to comment that it has been a great pleasure for him to have the opportunity to serve There have been times when he did not knows that at all times he was trying of Bakersfield and he wished him luck. the Council with Mr. Park. agree with Mr. Park, but he to do the best for the City Mayor Karlen said he anticipates with Mr. Park's presence in Washington, that the Council probably will be in closer contact with Washington than ever before, and the Council will look forward to hearing from Mr. Park when legislation comes up that could effect the City in any way. He stated that it was Mr. Park who first planted the seed in his mind to run for the office of Mayor. He then wished him Godspeed and a pleasant trip back to Washington. Council adopts Minute Order of intention to call a Special Election to fill the vacancy in the Third Ward. Upon a motion by Councilman Hosking, seconded by Councilman Doolin, the Council went on record as declaring its intention to call a Special Election for Councilman to fill the vacancy in the Third Ward for the remainder of the unexpired term. Councilman Park abstained from voting on this motion. on Bakersfield, California, December 27, 1966 Page 4 Appointment of Mr. John Pryor as Member of the Police Civil Service Commission. Councilman Park nominated Mr. John Pryor, 2712 Noble Avenue, for appointment as a member of the Police Civil Service Commission, for a six-year term expiring December 31, 1972. No other nomimtions being made, the Mayor declared the nominations closed. Upon a motion by Councilman Stiern, seconded by Councilwoman Balfanz, Mr. Pyror was appointed by an unanimous ballot. Appointment of Two Members of the Civil Service Commission for Miscellaneous Departments. Councilman Stiern nominated Michael Bealessio for re-app~oint- merit as a Member of the Civil Service Commission for Miscellaneous Departments. Councilwoman Balfanz nominated Gerald H. Brock for appointment as a Member of the Civil Service Commission for Miscellaneous Departments. Councilman Stiern moved the nominations be closed. Upon a motion by Councilman Stiern, seconded by Councilwoman Balfanz~ Mr. Michael Bealessio and Mr. Gerald H. Brock were appointed as members of this Civil Service Commission for foursyear terms expiring December 31, 1970. Appointment of Five Members of the Housing Advisory and Appeals Board. Upon a motion by Councilman Hosking, seconded by Councilman Stiern~ the following were re-appointed as Members of the Housing Advisory and Appeals Board for four year terms expiring January 1, 1971: Walter H. Condley Curtis Johnson William H. Walter Heisey Cliff Harding Pinckard Allowance of Claims. Upon a motion by Councilman Doolin, Rucker, Vouchers Nos. 2237 to 2310 inclusive, as audited by the Finance Approval Committee were allowed, authorization was granted for payment of same. seconded by Councilman in amount of $55,962.80, and 2S0 Bakersfield, California, December 27, 1966 - Page 5 Acceptance of Bid of Jim Alfter for Construction of Tennis Courts in Wilson Park. Upon a motion by Councilman Whittemore, seconded by Councilman Stiern, lump sum bid of Jim Alfter for construction of Tennis Courts in Wilson Park was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Adoption of Ordinance No. 1659 New Series of the Council of the City of Bakersfield amending the Municipal Code by adding Sections 11.04.749 (Speed Limit on 24th Street) and 11.04.764 (Speed Limit on Columbus Street.) Upon a motion by Councilman Park, seconded by Councilman Stiern, Ordinance No. 1659 New Series of the Council of the City of Bakersfield amending the Municipal Code by adding Sections 11.04.749 (Speed Limit on 24th Street) and 11.04.764 (Speed Limit on Columbus Street), was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None Approval of General Natural Gas Extension and Service Agreement with the Pacific Gas and Electric Company. Upon a motion by Councilman Whittemore, seconded by Councilwoman Balfanz, General Natural Gas Extension and Service Agreement with the Pacific Gas & Electric Company was approved, and the Mayor was authorized to execute same. This agreement covers service to the new fire station. Approval of Contract Change Order No. 1 to Contract No. 88-66 with Griffith Co. for Hauling, Placing and Compacfing imported Borrow on Columbus Street between Mt. Vernon Avenue and 400 feet west of Auburn Street. Upon a motion by Councilman Park, seconded by Councilman Doolin, Contract Change Order No. 1 to Contract No. 88-66 to Griffith Co., for hauling, placing and compacting imported borrow on Columbus Street between Mi. Vernon Avenue and 400 feet west of Auburn Street, total increase in contract price amounting to $1,361.00, was approved, and the Mayor was authorized to execute same. Bakersfield, California, December 27, 1966 - Page 6 Acceptance of Work and Notice of Completion for Contract No. 88-66 for Hauling, Placing and Compacting Imported Borrow on Columbus Street between Mr. Vernon Avenue and 400 feet west of Auburn Street. Upon a motion by Councilman Park, seconded by Councilman Hosking, the Work was accepted, and the Mayor was authorized to execute the Notice of Completion for Contract No.88-66 for Hauling, Placing and Compacting Imported Borrow on Columbus Street between Mr. Vernon Avenue and 400 feet west of Auburn Street. Acceptance of Street Right of Way Deeds and Easement Grants for those properties commonly known as 2420 to 2650 Ming Avenue. Upon a motion by Councilman Whittemore, seconded by Councilman Hosking, Street Right of Way Deeds and Easements Grants were accepted from ~e following owners of property commonly known as 2420 to 2650 Ming Avenue: Union Oil Company of California Joseph H. Uhler Steve Haberfelde and Beverly J. Haberfelde Lewis H. Creber and A. Valentine Creber Maria Towers William Holzer and Sheila R. Holzer Bobby R. Robertson and Shirley L. Robertson Acceptance of resignation of William H. Park as Councilman for the Third Ward. Upon a motion by Councilman Hosking, seconded by Councilman Stiern, fhe resignation of William H. Park as Councilman for the Third Ward was accepted with regeret. Mayor Karlen stated that before adjournment he wished to take this opporunity to express the best wishes of the members of the City Council, the City Employees and himself, as Mayor of the City of Bakersfield, to all residents of the City of Bakersfield, for a Happy New Year. He said "May we all share in the successes of our illustrious residents, the wealth of our diversified economy and the happiness we all continually seek throughout the coming year - 1967, the year of many changes." Council, Doolin, Bakersfield, California, December 27, 1966 - Page 7 Adjournment. There being no further business to come before this upon a motion by Councilman Stiern, seconded by Councilman the meeting adjourned at 8:55 P.M. MAY~R of the City of Bakersfield, C ATTEST: CITY~ an~x-~'~icio ~er-~of the Council of the City of Bakersfield, California