HomeMy WebLinkAboutOCT - DEC 19721o 4
Bakersfield, California, October 2, 1972
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 2, 1972.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Donald
Anderson of the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees,
Rucker, Thomas, Whittemore
Absent: None
Minutes of the regular meeting of September 25, 1972
were approved as presented.
Council Statements.
Councilman Bleecker stated he wished to commend the
Mercy Hospital on its plan to spend $115,000 on an expansion pro-
ject to add 2400 square feet to the hospital for emergency facilities,
which will include physicians and 24 hour attendants. The plans
include a radio communications system between the hospital and the
ambulance services in the area. This project will be accomplished
with 100% private funds, there will be no Federal or State funds
involved.
Reports.
Councilman Rees, Chairman, read a report of the Budget
Review and Finance Committee, on HUD Grant application, to construct
a storm drain in the Mayflower Tract area of southeast Bakersfield.
On October 3, 1971, the City submitted a letter to HUD which
indicated its needs in the field of community development and
included a proposed storm drain projecf in the Mayflower Tract
area of southeast Bakersfield and a proposed joint State, City and
County drainage project in the same area, to be constructed in
conjunction with the new Freeway 58 south of Brundage Lane.
After submitting an original and subsequent revised
applications to HUD on July 28, 1972, the City received notifica-
tion that the grant request for $147,000 had been approved. Shortly
thereafter the City was advised by the HUD staff that it could not
contribute any funds toward that portion of the project which would
125
Bakersfield, California,, October 2, 1972 - Page 2
be done by the State Division of Highways as the grant agreement
for the project would be with the City only and HUD would not have
any control over that portion of the work completed by the State.
HUD staff advised the City that the Mayflower tract area
drain project would have to be split from the proposed freeway
drainage project and that the City's matching funds would have to
be other than those funds committed to the freeway drainage project,
thus reducing the grant by $75,000 and increasing the City's portion
by a like amount.
The Budget Review and Finance Committee feels that HUD
should abide by the provisions of the grant application which the
Federal agency originally approved and recommends that the Mayor
be authorized to correspond with the City's congressman and State
senators to investigate the reason for this project not being
funded as originally approved and why this decision has been made
at this late date.
Councilman Rees moved adoption of the report. During
discussion, Councilman Rucker stressed the importance of receiving
the full amount of this grant to alleviate the flooding situation
in this particular area.
Councilman Heisey commented that the City entered into
this agreement in good faith, has kept its part of the bargain,
and HUD is simply being asked to provide the funds as originally
approved.
Councilman Bleecker stated that the only formal notifi-
cation of the granting of this application was received in writing,
and if HUD doesn't intend to approve the project as originally
submitted, the City should be informed in writing instead of by a
telephone call.
Councilman Whittemore commented that the official the
City has been negotiating with in the HUD regional office is a
typical example of a bureaucrat being given a great deal of authority
through the Federal agency to step in and attempt to establish
conditions for a City to follow before granting Federal funds for
a project. The Council has stated individually and collectively
Bakersfield, California, October 2, 1972 - Page 3
at various times that it does not want to accept grants under
restrictive conditions. Councilman Whittemore agreed that the
matter should be taken to the City's congressman and senators for
clarification.
Vote taken on Councilman Rees' motion to adopt the report
carried unanimously.
Councilman Rees, Chairman, read a report of the Budget
Review and Finance Committee, regarding the possible expansion of
the City's Wastewater Treatment Facilities at Plant No. 3, which
serves the rapidly growing southwest area and includes the indus-
trial park adjacent to Stine Road.
One industry, Anheuser-Busch, Inc.~ has made a positive
commitment to locate in this area and has scheduled operations to
begin by September, 1973. In order to treat the high strength
wastewater in large volumes that some industries produce, the staff
has proposed an expansion of Plant No. 3 to fit present needs and
any future expansion. Cost of the proposed expansion estimated at
$250,000 can be financed by available sewer bond funds.
This Committee believes this expansion fits the overall
plan for providing the needed wastewater treatment for development
in this area, that it should be done at this time, and recommends
that the staff proceed with the expansion of Plant No. 3 and that
the Mayor be authorized to execute service agreement with Anheuser-
Busch for accepting and treating wastewater from its plant.
Upon a motion by Councilman Rees, the report was adopted.
Upon a motion by Councilman Bleecker, Resolution No.
62-72 of the Council of the City of Bakersfield authorizing and
directing the Mayor to execute a Preliminary Wastewater Service
Agreement with Anheuser-Busch, Inc. on behalf of the City, was
adopted
Ayes:
Noes:
Absent:
by the following vote:
Councilmen Bleecker, Heisey, Medders,
Thomas, Whittemore
None
None
Rees, Rucker,
127
Bakersfield, California, October 2, 1972 - Page 4
Councilman Rucker, Chairman, read a report of the Audi-
torium and Recreation Committee~ in which it was recommended that
request from Cal-State Bakersfield College for additional lighting
at the Civic Auditorium in order to televise its 1972-73 basketball
games, be approved, and thai appropriafe funds in amount of $2,500.00
be transferred from the Council Contingency Fund for this purpose.
Upon a motion by Councilman Rucker, the reporf was adopted.
Councilman Rucker, Chairman, read a report of the Audi-
torium and Recreation Committee, in which it was recommended that
the 1972-73 adult basketball entry fee be raised from $70 to $85
per team, and that a $2.00 registration fee be charged for the boys'
and girls' gymnastics program. Upon a motion by Councilman Rucker,
the report was adopted.
City Manager Bergen repoi~edon last week's inquiry by
Councilman Rees regarding the status of legislation to prevent
water contamination such as occurred recently in the Westchester
area, stating that he has been informed this incident happened
because of the failure of an employee to follow existing regulations.
Councilman Whittemore asked if the City could not require the
installation of a check valve on this type of equipment, and Mr.
Bergen stated that these companies are prohibited from connecting
carried on the
to the City water system, as normally water is
operator's truck for pest control spraying.
and
Ayes:
Noes:
Absent:
Consent Calendar.
The following items are listed on the Consent Calendar:
(a) Allowance of Claims Nos. 923 to 1023,
inclusive, in amount of $25,720.52.
(b) Claim for damages from Alice Henry
(refer to the City Attorney).
(c) Application for Encroachment Permit
from Dennis Christy, 359 Olive Street.
(d)
Resurfacing a portion of University
Avenue from Wenatchee Avenue to 200'
east of Columbus Street, Bradley Street
from Benton Street to South "H" Street,
and frontage roads along Golden State
Avenue at Garces Circle (Call for bids).
Upon a motion by Councilman Medders, Items (a), (b), (c)
(d) of the Consent Calendar were adopted by the following vote:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
None
None
1o 8
Bakersfield, California, October 2, 1972 - Page 5
Action on Bids.
It was moved by Councilman Rucker that low bid of Wardlaw
Fire Equipment for Fire Hose be accepted and all other bids rejected.
Councilman Bleecker questioned making the City's budget
estimates available to vendors and contractors when bidding on
materials and equipment. Mr. Bergen stated that all City records
are public, however, the City does not provide this information
unless it is requested.
Mr. Hoagland stated there isn't any question but that
budget items are a matter of public record. Capital Improvement
Programs are reviewed by the Planning Commission and the City
Council annually, it is necessary to know in general how much will
be expended on each project and the preliminary estimates are public
records. However, the final analysis of a project prior to calling
for bids or even after receiving the bids, is not necessarily a
public record.
Councilman Heisey stated it has been his experience that
contractors give very little credence to estimates prepared by
architects or engineers, and he does not think it has any influence
on the bid submitted.
After additional discussion, vote taken on Councilman
Rucker's motion to accept low bid of Wardlaw Equipment Company
for Fire Hose, carried unanimously.
Upon a motion by Councilman Medders, low bid of Clow
Corp. for Fire Hydrants complete with Burys, was accepted and all
other bids were rejected.
Upon a motion by Councilman Whittemore, single bid
received from KMY Construction Company for construction of Ramp
at southwest entrance to City Hall, was rejected as being excessive,
and the Finance Director was authorized to readvertise the project.
Bakersfield, California, October 2, 1972 - Page 6
Deferred Business.
Upon a motion by Councilman Thomas, Ordinance No. 2047
New Series of the Council of the City of Bakersfield amending Sub-
Section A(5) and E of Section 15.04.080 of Chapter 15.04 of the
Municipal Code concerning Mobile Home Park Design, was adopted by
the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Chapter 9.10 to Title 9 of the
Municipal Code concerning keeping of
Wild Animals within the City.
First reading was considered given to an Ordinance of
the Council of the City of Bakersfield adding Chapter 9.10 to Title
9 of the Municipal Code concerning keeping of Wild Animals within
the City.
Proposal to change Council Meeting
Night referred to the Governmental
Efficiency and Personnel Committee
for study and recommendation.
This was the time set for Council consideration of a
proposal to change the present meeting night. Councilman Whirremote
pointed out that he is the City's representative on the Kern-Cog
Committee and if Council meetings are changed to Tuesday nights,
he would either miss one Council meeting a month, or the regular
Kern-Cog meeting scheduled for the first Tuesday of the month. He
suggested that since a number of holidays fall on Monday, that
perhaps it would be a good idea to move those Council sessions to
the following Tuesday night.
Councilman Bleecker moved that the Bakersfield City Council
meetings be changed to Wednesday night, stating that due to the
press of business at his own office, any other night than Monday
would be preferable to him.
Councilman Thomas asked if a meeting twice a month would
present a problem, and Mr. Bergen stated there would be no problem
130
Bakersfield, California, October 2, 1972 - Page 7
as plenty of time would then be allowed for preparation of minutes
and the Council agenda. However, a Wednesday night meeting would
necessitate altering the timetable for the preparation of minutes
and the agenda and the delivery of the Council's packets.
Councilman Rucker commented that he had no objection to
retaining Monday night for Council meetings and Councilman Medders
stated he felt the same way, Monday night is as good a night for
him as any other.
Councilman Heisey stated that personally he would very
much like to see the meeting changed to Tuesday night, however,
every change made will result in other changes along the line. He
offered a substitute motion that the proposal be referred to the
the
Governmental Efficiency and Personnel Committee to study all
ramifications of the matter and report back to the Council.
motion carried
unanimously.
Adoption of Resolution No. 66-72 of
the Council of the City of Bakers-
field deleting the Council Meeting
of October 16, 1972 and establishing
Tuesday, October 10, 1972 and Tuesday,
October 24, 1972, as regular meeting
nights.
This
of the Council of the City of Bakersfield deleting the Council
Meeting of October 16, 1972 and establishing Tuesday, October 10,
1972 and Tuesday, October 24, 1972, as regular meeting nights, was
adopted by the following vote:
Ayes:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Councilman Bleecker asked the staff to prepare a calendar
of holidays that fall on Monday for the Governmental Efficiency and
Personnel Committee's consideration when it makes its review on the
proposal to change the Council meeting night.
Upon a motion by Councilman Thomas, Resolution No. 66-72
Bakersfield, California, October 2, 1972 - Page 8
Approval of Map of Tract No. 3623
and Mayor authorized to execute
Contract and Specifications for
Improvements in said Tract.
Upon a motion by Councilman Thomas,
the Map of Tract No. 3623 be, and the same is
That all the easements, drives, street, place
it is ordered that
hereby approved:
and road, and alley,
shown upon said Map, therein offered for dedication be, and the
same are hereby accepted for the purpose for which the same are
offered for dedication.
Pursuant to the provisions of Section 11587 of the Business
and Professions Code, the Council of the City of Bakersfield hereby
waives the requirements of signatures of the following:
NAME NATURE OF INTEREST
Tenneco West, Inc.
(Formerly Kern County Land Co.)
Mineral rights below a depth
of 500 feet with no right of
surface entry.
Tenneco West, Inc.
(Formerly Kern County Land Co.)
The right to pass over and
across said land for ingress
to and egress from any lands
of Kern County Land Company,
which are not accessible from
any public road, highway or
over other lands of said com-
pany as excepted and reserved
in that Deed recorded May 27,
1960 in Book 3271 at Page 26,
O. R., County of Kern.
The Clerk of this Council is directed to endorse upon
the face of said Map a copy of this order authenticated by the Seal
of the City Council of the City of Bakersfield and the Mayor is
authorized to execute the Contract and Specifications for Improve-
ments in said Tract.
Adoption of Resolution No. 63-72 of
the Council of the City of Bakers-
field fixing a time and place for
hearing protests by persons owning
real property within the territory
designated as Kern River No. 1, pro-
posed to be annexed to the City of
Bakersfield.
Upon a motion by Councilman Rucker, Resolution No. 63-72
of the Council of the City of Bakersfield fixing November 13, 1972
as the time for hearing protests by persons owning real property
within the territory designated as Kern River No. i proposed to be
132
Bakers£ield, California, October 2, 1972 - Page 9
annexed to the City of Bakersfield,
vote:
Ayes:
Noes:
Absent:
was adopted by the following
Councilmen Bleecker, Heisey, Medders,
Thomas, Whittemore
None
None
Rees, Rucker,
Adoption of Resolution No. 64-72 of
Intention to include within the
Greater Bakersfield Separation of
Grade District a portion of certain
territory designated as Kern River
No. 1 and setting the time and place
for objections to the inclusion of
said territory within said District.
Upon a motion by Councilman Rucker, Resolution No. 64-72
of Intention to include within the Greater Bakersfield Separation
of Grade District a portion of certain territory designated as Kern
River No. 1 and setting November 13, 1972 for hearing objections to
the inclusion of said territory within said District, was adopted
by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whirremote
Noes: None
Absent: None
Mr. Bergen requested the record to show that portions of
the proposed Kern River No. 1 annexation located north of the river
would not benefit by inclusion in the Greater Bakersfield Separation
of Grade District. Councilman Heisey asked if it can be annexed to
the District at some future date. Mr. Hoagland answered that he
believed so, however, it would require a finding that the territory
is benefited from the inclusion. The Board of Supervisors makes
this determination, but up to this date the City has excluded all
areas north of the river from the District.
Councilman Bleecker asked if it would be appropriate to
request the Board of Supervisors to reevaluate those areas north
of
it
by
an
Council wished to go on record
the river regarding inclusion in the District. Mr. Bergen said
is his understanding that the Board of Supervisors will be asked
the Greater Bakersfield Separation of Grade District to act on
annexation to include the area north of the river. If the
as requesting the District to be
Bakersfield, California, October 2, 1972 - Page l0
expanded, it could do so. It is the thinking of the staff that a
Grade Separation is needed at Chester Avenue and the Southern
Pacific Tracks which can never be built until that area north of
the river is included in the Grade Separation District. It is the
Board of Supervisors which makes the determination to enlarge the
boundaries of the District.
Adoption of Emergency Ordinance No.
2048 New Series amending Chapter 4.04
of Title 4 of the Municipal Code,
altering the boundaries of the politi-
cal subdivisions (Wards) of the City
of Bakersfield.
Upon a motion by Councilman Bleecker, Emergency Ordinance
No. 2048 New Series amending Chapter 4.04 of Title 4 of the Munici-
pal Code altering the boundaries of the political subdivisions
(Wards) of the City of Bakersfield, was adopted by the following
vote:
Ayes:
Councilmen Bleecker, Heisey, Medders, Rees,
Thomas, Whittemore
Noes: None
Absent: None
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Sections 4.06.060 and 4.16.100
to Title 4 of the Municipal Code con-
cerning residency requirements for
certain City Officers.
After discussion, first reading was considered
Rucker,
given to
an Ordinance of the Council of the City of Bakersfield adding
Sections 4.06.060 and 4.16.100 to Title 4 of the Municipal Code
concerning residency requirements for certain City Officers.
Hearings.
This is the time set for public hearing before the
on Resolution of Intention No. 878 of the Council of the
Bakersfield, California, declaring its intention to order
Mayor Hart declared the hearing open for public partici-
No protests or objections being received, the public
patton.
Council
City of
the vacation of
17th Street,
duly posted
Commission.
a portion of "K" Street between Truxtun Avenue and
in the City of Bakersfield. This hearing has been
and the vacation was recommended by the Planning
Bakersfield, California, October 2, 1972 - Page ll
hearing was closed tor Council deliberation and action. Upon a
motion by Councilman Heisey, the public hearing was closed, and
action on the matter deferred until placed back on the agenda by
the staff, by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whirremote
Noes: None
Absent: None
This is the time set for public hearing before the
Council on Resolution of Intention No. 879 of the Council of the
City ot Bakersfield, California, declaring its intention to order
the vacation ot a sewer easement in Block 38 of Southern Addition,
in the City of Bakersfield. This hearing has been duly advertised
and posted and was recommended by the Planning Commission.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
hearing was closed £or Council deliberation and action. Upon a
motion by Councilman Rucker, Resolution No. 65-72 ordering the
vacation of a sewer easement in Block 38 ot Southern Addition,
City of Bakersfield, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
This is the time set for public hearing before the Council
in regard to a motion by the Planning Commission to amend Title 17
of the Bakersfield Municipal Code by
ot that certain property in the City
as 2323 Mr. Vernon Avenue.
This hearing has been duly
notices sent as required by law.
filed in the City Clerk's office.
changing the Land Use Zoning
of Bakersfield commonly known
advertised and posted and
No written protests have been
Bakersfield, California, October 2, 1972 - Page 12
At its regular meeting held September 6, 1972, the
Planning Commission made a motion to change the zoning boundaries
from an R-3-D Limited Multiple Family Dwelling - Architectural
Design) Zone to an R-1-CH (Single Family Dwelling - Church) or more
restrictive, Zone. It was the finding of the Commission that in
order to facilitate any future expansion by this existing church
without the delay in applying for a conditional use permit for new
construction, that the zoning be changed to allow church facilities
as a permitted use.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
hearing was closed for Council deliberations and action. Upon a
motion by Councilman Rees, Ordinance No. 2049 New Series amending
Title Seventeen of the Municipal Code by changing the Land Use
Zoning of that certain property in the City of Bakersfield commonly
known as 2323 Mt. Vernon Avenue, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Noes: None
Absent: None
There being no
Council, upon a motion
adjourned at 9:16 P.M.
Thomas, Whittemore
Adjournment.
further business to come before the
by Councilman Rucker, the meeting was
MAYO
Bakersfield, Calif.
ATTEST:
and ~x-Offi~cio Clerk of the Council
of the City of Bakersfield, California
136
Bakersfield, California, October 10, 1972
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 10, 1972.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by David C. Patrick,
Director of the Men's Social Service Center of the Salvation Army.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Bleecker, Medders, Rees, Rucker,
Thomas, Whittemore
Absent: Councilman Heisey
Minutes of the regular meeting of October 2, 1972 were
approved as presented.
Scheduled Public Statements.
Mrs. Ann Monroe, 236 North Stine Road,
questioned various
disbursements made during the month of August by the City of Bakers.-
field, a list of which she had obtained from the Finance Department,
and asked why the citizens of Bakersfield were taxed for this type
of expenditure. Councilman Bleecker asked Mrs. Monroe for a copy
of her statement and a copy of the remarks made to the Council at
a previous meeting.
Mr. David Gee, 207 Monterey Street, stated he is the ownel'
of a six unit apartment at 405 "A" Street and has received a notice
from the Public Works Department to move the trash cans for the
apartments in order to conform to the Refuse Collection Ordinance.
At the present time the garbage cans are located approximately 140
feet from the curbline.
The locations suggested by the Public Works Department
would result in the cans being placed underneath a bedroom window
outside the front lawn or on a vacant lot which does not belong to
him. He asked the Council to make an exception in his case and
not force him to go to the expense of moving the trash cans as he
has no other suitable place to locate them.
During discussion, Councilman Rees stated that if an
exception is made in one case, how can the Council refrain from
granting similar demands by other taxpayers in the City.
J_37
Bakersfield, California, October 10, 1972 - Page 2
Councilman Thomas stated he had looked at Mr. Gee's
apartments with Director of Public Works Bidwell, and he would
support Mr. Bidwell's recommendations that the cans be moved to
within 100 feet of the curb as required by the ordinance.
Councilman Medders commented that Mr. Gee has stated the
refuse collectors were picking up rubbish from the cans in the
present location when he bought the apartments and Mr. Gee was not
aware he was in violation of the ordinance; therefore the Council
should be flexible in this matter and not expect Mr. Gee to move
the cans.
Councilman Bleecker stated he thinks that government can
bend at times~ and he would support Mr. Gee's position that the
City should continue to pick up refuse from the present location.
Councilman Thomas pointed out that if refuse collectors
all over the City were required to walk 50% further, there would
be an increase in taxes and payroll costs for this service.
Councilman Rucker stated he was sympathetic with Mr.
Gee's problem but in his opinion the City's ordinance should be
enforced.
Councilman Bleecker remarked that he can recall many
instances in the past when the Council agreed unanimously to make
exceptions in certain hardship cases, and did not always require
strict conformance to an ordinance. He does not feel that any
exception in this case would cause an increase in taxes or a flood
of people coming to the Council asking for preferential treatment.
The Refuse Collection Department should be operated in such a way
that the people are satisfied, that the refuse collectors, too,
must abide by certain rules and regulations. He favors the estab-
lishment of work rules for all departments of the City and has
recommended that the staff draw up specific work rules for employees,
particularly since it is the obligation o£ the Council to deal
with labor unions and employee associations.
Councilman Rees asked the Public Works Director if this
question arose through a complaint of the collectors or whether it
was a matter of city administration. Mr. Bidwell stated that he
138
Bakersfield, California, October 10, 1972 - Page 3
was not positive, but he has looked at the problem very closely
and it is just a matter of whether or not the Council wishes to
make an exception in this case; however, he does not feel that it
is warranted as there are many other situations that can arise if
an exception were made in Mr. Gee's case.
Mr. Bergen commented that whatever level of service the
Council desires will be provided. The City of Bakersfield operates
a very deluxe refuse service compared with the service offered in
many other cities in the State. Possibly a ten or fifteen foot
violation of the ordinance could be overlooked, but a 50% variance
in the City's standard is very significant and would change the
level of service the City is providing. There is a substantial
difference in the cost of picking up rubbish based on the present
100 foot distance from the curb line and pickup at the curb.
Councilman Whirremote stated that he was not prepared to
debate on how much more it would cost to require refuse collectors
to walk 50% further to pick up refuse, but he feels it is within
the jurisdiction of the Director of Public Works to arrive at a
fair and equitable solution which would be satisfactory to Mr. Gee.
Mr. Bidwell stated he has talked to Mr. Gee on two
separate occasions, supervisory personnel from the Sanitation
Division has talked to him also, they have been on the property
three or four times and have suggested locations which they think
would be appropriate and would meet the requirements of the ordinance.
However, Mr. Gee has a different opinion, the locations suggested
by the City are not acceptable to him.
At this point, Councilman Rees moved to terminate the
discussion and continue with the City's business.
Councilman Bleecker offered a substitute motion that the
Council allow an exception in this particular case and grant Mr.
Gee's request. This motion failed to carry by the following roll
call
Ayes:
Noes:
Absent:
vote:
Councilmen Bleecker, Medders
Councilmen Rucker, Rees, Thomas,
Councilman Heisey
Whirremote
J_39
Bakersfield, California, October 10, 1972 - Page 4
Birthday.
Council Statements.
Councilman Thomas Wished Councilman Rees a Happy
Councilman Bleecker commented he is almost certain that
if Mr. Gee had been accompanied by fifty or sixty people all
haranguing the Council, the vote might have turned out differently.
Councilman Whittemore stated that the action taken was
based on the merits of Mr. Gee's request, not predicated on how
many people were present in the audience.
Councilman Rucker stated that if he had felt Mr. Gee's
request was an appropriate one, he would have voted in favor of
the motion to grant an exception.
Reports.
Councilman Rees, Chairman, read a report ot the Budget
Review and Finance Committee, recommending that the staff obtain
the necessary appraisals and enter into negotiations to either
sell or trade a surplus one-half block now owned by the City on
the south side of 17th Street between "F" and "G" Streets, in
order to finance the acquisition of the lot on the southeast corner
of Truxtun Avenue and "H" Street for the new Police Building. He
moved adoption of the Committee's report.
Councilman Bleecker commented that since he had not been
privy to the information beforehand, in order to make up his own
mind as to whether or not the acquisition of this additional
property is necessary to complete the architect's idea of suffi-
cient space for the new Police Building, he will have to abstain
from voting on this motion. Councilman Medders stated that since
he does not agree with this type of purchase, he will abstain also.
Roll call vote taken on the motion to adopt the Committee's report
carried as follows:
Ayes:
Noes:
Absent:
Abstain:
Councilmen Rees, Rucker, Thomas, Whittemore
None
Councilman Heisey
Councilmen Bleecker, Medders
140
Bakersfield, California, October 10, 1972 - Page 5
(d) and
vote:
Ayes:
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1024 to 1106,
inclusive, in amount of $111,309.93.
(b)
Notice of Completion and Acceptance of
Work on Paving of Parking Lots and
Service Drives in Patriots Park.
(c) Notice of Completion and Acceptance of
Work in Tract No. 3607.
(d) Sewer Line Easement from the American
Lutheran Church.
(e) Acceptance of Quitclaim Deed from Mary
D. Maretich.
Upon a motion by Councilman Medders, Items (a), (b), (c),
(e) of the Consent Calendar, were adopted by the following
Councilmen Bleecker, Medders, Rees, Rucker, Thomas,
Whittemore
Noes: None
Absent: Councilman Heisey
Action on Bids.
Councilman Rucker made a motion to award the bid for the
California Neighborhood Facility to Frank Terry Construction
Company, Inc., reject all other bids and authorize the Mayor to
execute the contract. He stated that it gave him great pleasure
to make this motion after so many years of uncertainty as to whethe]-
the plans for the structure would ever be finalized.
Councilman Bleecker commented that some months ago a
group of people had made certain promises to the Council that they
would be willing to contribute private funds to furnish this facility.
Councilman Rucker stated that it was his understanding
the rental fees charged for the use of the building could be used
to partially pay for the furniture in the facility.
Mr. Bergen stated that during budget deliberations, a
statement was made by interested groups that funds for furnishing
the multi-purpose building would be raised when they received
assurance that the building would be constructed. On the strength
of that, the Council did not budget any money for that purpose.
He stated that any revenue derived from the building will be used
to help defray the maintenance expenses.
141
Bakersfield, California, October 10, 1972 - Page 6
Mr. Vernon Strong, Chairman of the Citizens Advisory
Committee for the multi-purpose facility, addressed the Council,
stating that during the meetings of this Committee there was some
talk about members of the community raising money for furnishing
this building; however, no formal commitment has been made pending
the awarding of the contract by the Council which would assure that
the building would indeed become a reality. There are no formal
plans for raising money at this time, but since the Council has
gone ahead with the facility, he is sure that the community will
respond and plans will be put into operation immediately to raise
the necessary funds to purchase furniture, which he believes was
estimated to cost in the neighborhood of $32,000.00.
Mr. Bergen reported that the staff will be holding a
meeting with the architect this week and consistent with the
responsibility in his contract and the City's interest, will be
coming back to the Council in the near future with recommendations
relative to the employment of a clerk of the works or an inspector
during the construction of this building.
Vote taken on Councilman Rucker's motion carried unanimously.
Councilman Bleecker asked that Mrs. Ann Monroe be granted
permission to speak on the subject of the California Park Neighbor-
hood Facility. Mrs. Monroe asked what the building was going to
be used for and why no one on the Council was opposed to spending
the taxpayer's money to construct this building. Also, she asked
the members of the Council if they had read certain material which
had been sent to them a few weeks ago by Mrs. Edna Buster.
Mayor Hart stated that the information sent to the Council
had been received and noted. The California Park Neighborhood
Facility is jointly financed by the Federal Government, the County
and the City, and will be used for recreational and cultural
purposes. He stated that he does not feel the members of the
Council or the administrators of the City are wilfully spending
money to achieve something that would give them personal pleasure
over and above the service they are trying to render to the com-
munity.
Bakersfield, California, October 10, 1972 - Page 7
Mrs. Edna Buster asked the Council if they had read the
material which she had sent them earlier. She said she is con-
cerned about the children who will be federally supervised in the
day care centers.
Councilman Bleecker commented that he had read the
material mentioned by Mrs. Buster and although he does not agree
with everything in it, he is opposed to the use of this building
for a federally financed child care center because it is strictly
a political issue.
Councilman Rucker stated that in his opinion the Federal
Government has the right to assist minority children and their
parents to achieve equal opportunities by the use of federal funds.
Deferred Business.
Upon a motion by Councilman Whirremote, Ordinance No.
2050 New Series of the Council of the City of Bakersfield adding
Sections 4.06.060 and 4.16.110 to Title 4 of the Municipal Code
concerning residency requirements for certain City Officers, was
adopted by the following vote:
Ayes: Councilmen Medders, Rees, Rucker, Thomas, Whirremote
Noes: Councilman Bleecker
Absent: Councilman Heisey
Councilman Bleecker stated that although he realizes the
Council must adopt this ordinance in order to comply with a Federal
requirement, he will vote in the negative as he feels the City
should have the prerogative to make its own rules for elected City
Officials and he is opposed to changing the residency requirements.
The Council considered proposed Ordinance of the Council
of the City of Bakersfield adding Chapter 9.10 to Title 9 of the
Municipal Code concerning keeping of Wild Animals within the City.
Mr. Jeff Crider, a herpetologist, addressed the Council, stating
that all reptiles are not dangerous and asked that the wording of
the ordinance be changed to specify certain poisonous reptiles
rather than to designate all snakes as being predatory.
After discussion, Councilman Whittemore stated he would
143
Bakersfield, California, October 10, 1972 - Page 8
not wish to do an injustice to any one, although he does feel that
an ordinance of this nature should be enacted. He then moved that
action on the ordinance be deferred for two weeks and that it be
referred to the City Attorney for re-evaluation.
City Attorney Hoagland stated that Captain Bryant of the
Fish and Game Commission is very interested in the City's efforts
and if he is available, will be present at the next Council meeting
to assist the Council in arriving at a decision on this ordinance.
After additional Council discussion and comments from the
audience, vote taken on this motion carried unanimously.
Councilman Bleecker stated that in order to help the
Council in its deliberations on this ordinance, he would like to
see a copy of the Los Angeles ordinance regulating the keeping of
wild animals.
Adoption of Resolution No. 67-72 of
Intention to approve an amendment
to the Contract between the Board
o£ Administration of the Public
Employees' Retirement System and
the City Council of the City of
Bakersfield.
Upon a motion by Councilman Bleecker, Resolution No.
67-72 of Intention to approve an Amendment to Contract between
the Board of Administration of the Public Employees' Retirement
System and the City Council of the City of Bakersfield, was adopted
by the following vote:
Ayes:
Noes:
Absent:
Councilmen Bleecker, Medders, Rees, Rucker, Thomas,
Whittemore
None
Councilman Heisey
Adoption of Resolution No. 68-72 of
the Council of the City of Bakers-
field fixing a time and place for
hearing protests by persons owning
real property within the territory
designated as Kern River No. 2 pro-
posed to be annexed to the City of
Bakersfield.
Upon a motion by Councilman Rucker, Resolution No. 68-72
of the Council of the City of Bakersfield fixing November 20, 1972,
in the Council Chambers o£ the City Hall as the time and place for
hearing protests by persons owning real property within the territory
144
Bakersfield, California, October 10, 1972 - Page 9
designated as Kern River No.
of Bakersfield, was adopted
Ayes:
Noes:
Absent:
2 proposed to be annexed to the City
by the following vote:
Councilmen Bleecker, Medders, Rees, Rucker,
Whirremote
None
Councilman Heisey
Adoption of Resolution No. 69-72 of
Intention to include within the Greater
Bakersfield Separation of Grade Dis-
trict a portion of certain territory
designated as Kern River No. 2 and
setting the time and place for hearing
objections to the inclusion of said
territory within said District.
Thomas,
Upon a motion by Councilman Rucker, Resolution No. 69-72
Intention to include within the Greater Bakersfield Separation
Upon
of the Council
in the Council
Ayes:
Noes:
Absent:
Rees, Rucker, Thomas,
Adoption of Resolution No. 70-72 of
the Council of the City of Bakers-
field fixing a time and place for
hearing protests by persons owning
real property within the territory
designated as Kern River No. 3 pro-
posed to be annexed to the City of
Bakersfield.
a motion by Councilman Rees, Resolution No. 70-72
of the City of Bakersfield fixing November 20, 1972,
Chambers of the City Hall as the time and place for
hearing protests by persons owning real property within the terri-
tory designated as Kern River No. 3 proposed to be annexed to the
City of Bakersfield, was adopted by the following vote:
Ayes:
Councilmen Bleecker, Medders, Rees, Rucker, Thomas,
Whittemore
Noes: None
Absent: Councilman Heisey
Councilmen Bleecker, Medders,
Whittemore
None
Councilman Heisey
by the following vote:
of
of Grade District a portion of certain territory designated as
Kern River No. 2 and fixing November 20, 1972, in the Council
Chambers of the City Hall as the time and place for hearing objections
to the inclusion of said territory within said District, was adopted
Bakersfield, California, October 10, 1972 - Page 10
145
Adoption of Resolution No. 71-72 of
Intention to include within the
Greater Bakersfield Separation of
Grade District a portion of certain
territory designated as Kern River
No. 3 and setting the time and place
for hearing objections to the inclu-
sion of said territory within said
District.
Upon a motion by Councilman Rucker, Resolution No. 71-72
of Intention to include within the Greater Bakersfield Separation
of Grade District a portion of certain territory designated as Kern
River No. 3 and setting November 20, 1972, in the Council Chambers
of the City Hall as the time and place for hearing objections to
the inclusion of said territory within said District, was adopted
by the following vote:
Ayes:
Councilmen Bleecker, Medders, Rees, Rucker, Thomas,
Whirremote
Noes: None
Absent: Councilman Heisey
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Bleecker, the meeting was
adjourned at 9:40 P.M.
MAYOI~e~f ~Yhe Cirt~ of Bakersfield, Calif.
ATTEST:
CI ERK and f o C~erk of the Council
of the City of Bakersfield, California
146
Bakersfield, California, October 24, 1972
Minutes of a 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, 1972.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and Invocation by Councilman Walter
Heisey.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees,
Rucker, Thomas, Whirremote
Absent: None
Minutes of the regular meeting of October 10, 1972 were
approved as presented.
Scheduled Public Statements.
Mr. Warren Thompson, owner and Manager of Thompsons Pet
Land, a business devoted to the sale of animals and birds as pets,
stated he is very much concerned that if the Council should adopt
the proposed Wild Animal Ordinance in its present form, it will
restrict the ownership of unusual but safe pets and also damage
his business. He would not object to a law which would restrict
or control vicious animals that might present a potential danger
to the inhabitants of the City, but he does object to an all-
inclusive ordinance which would endanger his business survival and
be unfair to the rights of citizens of the community to enjoy pets
which may be out of the ordinary. He volunteered his services as
a representative of his industry to try to work out an ordinance
with the Council that the people in his business can live with and
will not reduce the dollar volume of his business substantially.
Mr. Ray Marcois, owner of Mandolyn Kennels, also objected
to the proposed Wild Animal Ordinance. He feels that there are
adequate laws at the present time to cover, he objects to the
catch-all nature of the ordinance and he feels that this type of
legislation sets a precedent and lends itself to further restriction
in related fields.
enforcement of an
increase in taxes.
this ordinance is given
Finally, he feels that the administration and
ordinance of this type would possibly create an
He offered his services as a consultant when
further consideration.
Bakersfield, California, October 24, 1972 - Page 2
147
A third speaker, Mr. Harold Pearson, who lives at 2305
Charleston Street, defended the keeping of reptiles. At the present
time his 18 year old son is touring the country giving lectures
and exhibiting reptiles. He feels that snakes make fine pets, are
harmless, interesting, do not bark or attack people. The aversion
that most people have towards snakes is due to a general misunder-
standing and an inherent fear of reptiles.
Councilman Whittemore stated that when this matter came
before the Council at the last meeting, he asked that it be deferred
for two weeks in order to hear from those people who are knowledge-
able on the subject. He feels that a Council committee should meet
with persons experienced in this field and come back with a report
to the entire Council. The Council should adopt some type of
ordinance but it should not be so restrictive as to prohibit keeping
certain types of pets or interfere with the hobbies of young people.
Councilman Rees commented that he understood the City
Attorney had prepared a revision to the ordinance submitted to the
Council for consideration two weeks ago which deletes all reference
to reptiles. Mr. Hoagland said he has revised the proposal since
it was discussed at the last meeting and any restriction on the
keeping of dangerous reptiles has been deleted.
Councilman Bleecker stated that in his opinion the
problem is the all-inclusive language in the ordinance and he
asked who determines whether an animal is vicious or dangerous,
and why all wild animals weren't listed in the ordinance. Mr.
Hoagland replied that possibly they should have specified many
more animals, but the ordinance was prepared banning those that
obviously should not be allowed in the City.
Councilman Bleecker asked where the request for the
ordinance originated. Mr. Hoagland stated that the Police Dpeart-
merit requested the ordinance due to the development of problems
in the City parks and several incidents where a pet wild animal
had either frightened or bitten children.
Bakersfield, California, October 24, 1972 - Page 3
Captain Barney Bryan of the California Fish and Game
Department, stated that he had come to the meeting only as an
observer and hadn't intended to become involved in the discussion.
His concern with the City's ordinance is that it might conflict
with State laws regarding mountain lions and cougars, and also
poisonous snakes. He suggested that the City avoid any overlaps
in jurisdiction. The State does list the species of animals which
can be legally possessed with a permit from the Fish and Game
Commission. It is entirely possible that some pet owners in
Bakersfield are in violation of the law at the present time. His
principal concern is with native species and some of the exotic
specimens which the State does not want released in the wilds,
either by accident or on purpose. Also, some of the animals may
come under Federal jurisdiction as far as importation is concerned.
Councilman Heisey stated that this discussion has been
very illuminating and he is sure the Council does want to protect
the citizens of Bakersfield from dangerous or vicious animals
roaming in City parks, even on leashes. He then moved that the
matter be referred to the Business Development and Parking Committee
to work with the City Attorney and the Police Department to draft
an ordinance which.would be acceptable, and report back to the
Council.
Mayor Hart commented that he would recommend that the
Council committee contact both Federal and State authorities in
order to avoid any over-lapping of legislation regarding the keeping
of wild animals in the City.
Councilman Bleecker agreed that the ordinance needs more
evaluation and as Chairman of the Business Development and Parking
Committee he would welcome the attendance of Mr. Thompson and
others with experience at the Committee meeting to discuss the
matter thoroughly before making any recommendation to the Council.
He suggested that the City Attorney obtain copies of similar
ordinances from other cities for study by the committee prior to
holding any meetings.
Vote taken on Councilman Heisey's motion carried unanimously.
149
Bakersfield, California, October 24, 1972 - Page 4
Correspondence.
Communications were read from Senator John V. Tunney
and Congressman Bob Mathias, in which they assured Mayor Hart
that they have contacted the Department of Housing and Urban
Development detailing the pertinent facts and events surrounding
the application which the City of Bakersfield submitted to HUD for
a storm drain project in the Mayflower Tract area of southeast
Bakersfield and asking why the project was not funded as originally
approved. As soon as any word is received from HUD, they will
contact Mayor Hart. A letter was read from Mrs. Henry H. Collins
thanking the Mayor and the citizens of Bakersfield for the
proclamation sent to her in memory of her late husband, the Reverend
Henry H. Collins, a former Councilman. Upon a motion by Councilman
Rucker, the communications were ordered received and placed on
file.
Council Statements.
Councilman Rees stated that after the last Council
meeting he was confronted by a young man who asked him many questions
and made many suggestions. One suggestion was that after the con-
clusion of the business of the Council an open forum be held so
that everyone present in the audience could join in the discussion.
Councilman Rees stated he feels that the City's present ordinance
which permits public statements at the beginning of the Council
meeting and gives the presiding officer the latitude to allow
anyone to speak whenever he feels it is pertinent, is a good one,
and he submitted the idea of an open forum to the Council for
discussion.
Mayor Hart commented that he would respond to it by
saying that currently the Council has a tradition and procedure
to follow and he intends to abide by it until it is changed.
Parliamentary procedure permits the chair to exercise its wisdom
to determine who will or will not speak and also any person wishing
to be heard will be recognized upon a request of any Councilman.
Beyond that, he has no desire to participate in any open discussion
or forum which traditionally takes place in committee meetings
150
Bakersfield, California, October 24, 1972 - Page 5
which are open to public participation. He is not trying to shirk
his responsibility, but until he is informed that he is making a
mistake in exercising this wisdom, he will continue to operate
under parliamentary procedures.
Councilman Heisey asked the City Manager to schedule a
meeting of the Citizen's Freeway Advisory Committee in order to
bring the Committee up to date on current developments.
Councilman Heisey stated that he had been notified by
his appointee, Mr. Don Whipple, that he did not wish to be re-
appointed to the Board of Charity Appeals and Solicitations. He
placed in nomination the name of Brad G. Bainbridge, 100 Lincoln
Street, to replace Mr. Whipple on this Board. He reviewed Mr.
Bainbridge's background which he feels qualifies him for appoint-
ment to the Board. Vote taken on Councilman Heisey's nomination
of Mr. Brad Bainbridge to serve as a member of the Board of Charity
Appeals and Solicitations for a four year term expiring October 1,
1976, carried unanimously.
Councilman Rucker moved that Dr. Stephen Montgomery be
reappointed to the Board of Charity Appeals and Solicitations.
Councilman Medders offered a substitute motion that the four other
members of the Board of Charity Appeals and Solicitations whose
terms expired October l, 1972, be reappointed for a four year term
expiring October 1, 1976. These members are:
Mrs. Margaret Ackermann
2701 Beech Street
E. Merle Foster
13 Columbus Street
Donald S. Hopkins
24 Cypress Street
Dr. Stephen Montgomery
123 Miner Street
Vote taken on the substitute motion carried unanimously.
Mayor Hart stated that he receives numerous phone calls
from people in the community asking for an interpretation of the
propositions and proposed laws which will be voted upon at the
November 7, 1972 election. He stated that he hopes people will
write their representatives in Sacramento or in Washington requesting
that they compose proposed legislation in lay terms and phraseology
Bakersfield, California, October 24, 1972 - Page 6
151
that the average person can understand in order to
He commended the newspapers for spelling out the details
the measures on the ballot which are so confusing to the
voter.
The
(b)
(c)
(d)
(e)
(d) and
vote:
Ayes:
Consent Calendar.
following items are listed on the Consent
Allowance of Claims Nos. 1107 to 1292,
inclusive, in amount of $196,166.65.
Approval of Plans and Specifications
for Painting Claraetors at Sewage
Treatment Plant No. 2.
Request of Robert S. Dickson to con-
nect property to the City Sewer System
(refer to Planning Commission).
Notice of Completion of Tract 3419
located at South Real Road and Kennedy
Avenue.
Approval of Plans and Specifications
for the Construction of a Lighted
Game Court Area at Centennial Park.
vote intelligently.
of some of
average
Calendar:
Report
Project was submitted to the
received.
Noes: None
Absenf: None
Action on Bids.
Upon a motion by Councilman Rucker,
Paint Company for annual contract maintenance
were accepted, all other bids were rejected,
authorized to execute the contract.
Submittal of the Environmental Impact
Report (EIR) on Blocks 286 and 287 of
the Downtown Redevelopment Project to
the Council for consideration.
Upon a motion by Councilman Heisey, Environmental Impact
(EIR) on Blocks 286 and 287 of the Downtown Redevelopment
Council for consideration and ordered
low bid of Sequoia
paint and supplies
and the Mayor was
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Upon a motion by Councilman Medders, Items (a), (b), (c),
(e) of the Consent Calendar, were adopted by the following
152
Bakersfield, California, October 24, 1972 - Page 7
Approval of Agreement with Stockdale
Development Corporation setting forth
Stockdale Development Corporation's
share of costs of landscaping New
Stine Road between Ming Avenue and
Wilson Road, and Ming Avenue between
New Stine Road and Ashe Road.
Upon a motion by Councilman Thomas, Agreement with Stock-
dale Development Corporation setting forth its share of costs of
landscaping New Stine Road between Ming Avenue and Wilson Road,
and Ming Avenue between New Stine Road and Ashe Road, was approved
and the Mayor was authorized to execute the contract.
Approval of Plans and Specifications
for Construction of Median Island
Planters on New Stine Road from Ming
Avenue to Wilson Road and on Ming
Avenue from New Stine Road to Ashe
Road.
Upon a motion by Councilman Thomas, the plans and speci-
fications were approved and the Finance Director was authorized to
advertise for bids for construction of Median Island Planters on
New Stine Road from Ming Avenue to Wilson Road and on Ming Avenue
from New Stine Road to Ashe Road.
Approval of Extension of Lease Agree-
ment with Albert L. and Shirley Phillips.
Upon a motion by Councilman Rucker, extension of Lease
Agreement with Albert L. and Shirley Phillips for the purpose o£
grazing cattle, under the same terms and conditions of the lease
dated October 24, 1969, was approved.
Adjournment.
There being no further business to come before the Council,
motion by Councilman Whittemore, the meeting was adjourned al:
upon a
9:00 P.M.
MAYOR~~~sfield, Calif.
ATTE ST:
CIT~Y ~L~E~-K~a~nd'~gx-Ofki~rk of the Council
of the City of Bakersfield, California
Bakersfield, California, October 30, 1972
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 30, 1972.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Captain David Patrick
of the Salvation Army.
The City Clerk called the roll as follows:
Present:
Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees,
Rucker, Thomas, Whittemore
Absent: None
Minutes of the regular meeting of October 24, 1972 were
approved as presented.
Correspondence.
Copies of a communication from Mr. Harry E. Berg calling
attention to a used Kawai Concert Grand Piano which could be pur-
chased for use at the Civic Auditorium, were furnished to all
members of the Council.
Council Statements.
Councilman Bleecker commented that it is seldom a group
of citizens will join with the City in sharing the cost to con-
struct a worthwhile project; however, through proceeds from pancake
breakfasts, buffet dinners and donations both large and small, the
Community House of Bakersfield has accumulated $~002.06 to con-
tribute as its share of the cost of expanding the parking at Central
Park. During budget sessions, the Council budgeted $8,000.00 for
this purpose, the preliminary estimate has been set at $6,500.00,
and with the contribution from Community House the City will be
expending only $3,500.00 for this project. This type of effort
should be commended by the Council, as it shows when people are
really interested in accomplishing something, they can work with
government to do so.
Councilman Rees commented that perhaps it would be
appropriate to have the Mayor send a letter of thanks to the Board
of Directors of Community House for its contribution toward the
expansion of the parking at Central Park. Mayor Hart stated this
can be done at the time action is taken on this matter.
154
Bakersfield, California, October 30, 1972 - Page 2
Councilman Heisey asked the City Manager to request the
Traffic Authority to explore the feasibility of extending the
traffic signal arm at 18th and "Q" Streets out into the inter-
section so it can be seen by cars going west on 18th Street, as
there have been numerous accidents in that area.
Councilman Heisey commented that the City is derelict
in its duties to allow a major thoroughfare such as Golden State
Highway and a couple of blocks of Union Avenue to become blighted
in appearance, he feels it is the City's responsibility to main-
tain this area, if the State is not going to do so. He asked the
staff to investigate this condition and come back to the Council
with a recommendation.
Councilman Rees stated that
the City Attorney to study ordinances
the Council recently requested
from other cities regarding
dog control. He has been informed that the County is now in the
process of negotiating with the Society for the Prevention of
Cruelty to Animals to take over the entire operation of the dog
pound, so the City might very well suspend any action on revision
of the City's ordinance pending the completion of such an agreement.
Mr. Hoagland stated that the County has been working on
this for several years and it looks as though an agreement will
be reached finally for the operation of the dog pound, in which
event the City's role will be mitigated for that purpose. He does
not think the problem of vicious dogs will ever be solved unless
there is much more enforcement, more personnel to enact enforce-
ment. He is not saying that the enforcement is inadequate from
the standpoint of not doing the job, but from the standpoint of
lack of personnel to perform the function. However, the City's
ordinances are adequate in that respect.
Councilman Rees stated that he would like to see the
matter held in abeyance until such time as the County works out
an agreement for the operation of the dog pound.
Bakersfield, California, October 30, 1972 - Page 3
Reports.
Councilman Bleecker, Chairman of the Business Development
and Parking Committee, read a report stating that as a result of a
request by the Downtown Business Association, the Committee has
studied the feasibility of extending the present parking mall to
the 1200 and 1700 blocks of 19th Street. In addition, the Committee
has reviewed a Police Department recommendation to delete that
portion of the present parking mall south of 18th Street.
Since the 1200 block of 19th Street is the only block
east of the existing mall which possibly could use additional
parking, this Committee does not recommend extending the present
parking mall on a one block basis. In regard to the recommendation
to delete that portion of the present parking mall south of 18th
Street, it appears that the needed relief for parking in this area
no longer exists.
For the above reasons and the added fact that the in-
creased traffic demands to be
Building complex will require
two-way traffic, the Business
generated by the Bank of America
that 17th Street be reopened to
Development and Parking Committee
recommends adoption of this report and that ordinance to delete
that portion of the parking mall south of 18th Street be considered
given first 'relading. In order to avoid any inconvenience or con-
fusion during the approaching holiday season, the ordinance will
not become operative until January 2, 1973.
Councilman Bleecker then moved adoption of the report
and all recommendations contained therein, which carried unanimously.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1293 to 1333,
inclusive, in amount of $32,865.12.
(b) Notice of Completion of Tract 3546 located
at the intersection of Ming Avenue and New
Stine Road.
(c) Notice of Completion of Tract 3519 located
at the intersection of Stockdale Highway
,and Cherry Hills Drive.
156
Bakersfield, California, October 30, 1972 - Page 4
(d)
Notice of Completion of Work on paving
of Vernal Place between Richland Street
and the Kern Island Canal.
(e)
Notice of Completion of Work on Stine
Road between Southern Pacific Railroad
and White Lane.
(f)
Notice of Completion of Tract 3494
located at the intersection of Wilson
Road and New Stine Road.
(g)
Notice of Completion of Work for Con-
struction of a Right Turn Lane on Oak
Street at California Avenue.
(h)
Acceptance of Work and Notice of Com-
pletion of Contract 15-72 for Improve-
ment of New Stine Road between Sundale
Avenue and Ming Avenue and Improvement
of Ming Avenue between New Stine Road
and Stine Road.
Upon a motion by Councilman Medders, Items (a), (b), (c),
(d), (e), (f), (g) and (h) of the Consent Calendar, were adopted
by the following vote:
Ayes:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Medders, bids for trucks on
Items 1 and 5 were awarded to Jensen International; Items 2 and 4
to Three-Way Chevrolet; Items 6 and 7 to Haberfelde Ford, and all
other bids were rejected.
Action on Emergency Ordinance of the
Council of the City of Bakersfield
adding Chapter 1.10 to Title 1 of the
Municipal Code providing for furnishing
by private persons of pertinent data
to aid in formulation of Environmental
Impact Reports by City deferred for
one week.
Councilman Rees asked the City Manager for an explanation
of proposed Emergency Ordinance adding Chapter 1.10 to Title 1 of
the Municipal Code providing for furnishing by private persons of
pertinent data to aid in formulation of Environmental Impact
Reports by the City.
Mr. Bergen stated that the California Environmental
Quality Act of 1970 requires the City to submit environmental
Bakersfield, California, October 30, 1972 - Page 5
reports, and this ordinance will require developers to furnish the
necessary information on a particular project as a condition for
approval of a zone change or issuance of a building permit. At
this time the City Clerk read the Emergency Ordinance in its
entirety into the record.
Councilman Whirremote asked the City Attorney if the
developers or persons making application are required to prepare
their own impact reports and submit them to the City for checking.
Mr. Hoagland stated this is not the responsibility of the developer,
the City is specifically required to prepare and submit the environ-.
mental reports. Councilman Whittemore stated he understands that
the County of Los Angeles, and more recently the County of Kern,
have added personnel to authenticate these reports which are first
prepared by private persons seeking city approval or permits, that
the County is not compiling the information itself. Mr. Hoagland
stated that this could very well be true, however, the City has not
completed the guide lines for the actual preparation of these reports,
and further study is necessary before this can be done. It would
seem logical after the determination has been made the project has
a significant impact, that the developer or applicant prepare the
report for authenticating.
Councilman Whittemore stated that he can see a real
problem with the development going on in the City at the present
time, for the City to provide the staff to prepare these reports,
as it can become a very costly operation. In his opinion the
applicant should bear the cost of the report not the taxpayers.
Councilman Thomas agreed that this additional cost to the City
should not be paid by the taxpayers.
Mr. Hoagland stated that the proposed ordinance is needed
to get the pertinent data and possibly another ordinance can be
adopted later to require the developer to prepare the report.
Councilman Rees asked who determined that a private pro-
ject had a significant impact on the environment.
Mr. Bergen stated it is usually the agency granting the
permit who makes this evaluation. They hope to have more firm
158
Bakersfield, California, October 30, 1972 - Page 6
guidelines for adoption by the Council within two weeks to a month,
as this is a mobile type of situation, requirements are changing
rapidly from week to week.
The responsibility lies with the Building Director and
the Planning Director to make the decision whether or not an EIR
is required, and the proposed emergency ordinance will make it
clear to the developer that the City is attempting to comply with
the California Environmental Equality Act by requiring him to
supply whatever information or data the City may need in the
formulation of the impact reports. Mr. Bergen suggested that if
action is deferred, this be considered first reading of the
ordinance.
Councilman Whittemore asked if there is any recourse on
the part of the developers; if there are any provisions which
would require an individual or organization who may challenge a
project, to put up a bond in the event that a suit was filed and
the project was later approved by the Court. Mr. Hoagland stated
that as far as he knows there is nothing; however, if the developer
were injured, he possibly could countersue for damages. Submitting
an EIR does not guarantee that a group won't later file suit against
a particular project.
Councilman Bleecker commented that he cannot see the
need for this emergency ordinance. If the developer does not
answer all the questions asked or does not furnish the information
requested, the staff can refuse to issue a permit.
Mr. Hoagland stated that this ordinance is designed to
aid the developer. The City has not determined which projects
will require impact studies, only that review is mandatory in all
cases where there is a significant environmental impact. He
suggested that the matter be held over for a week to obtain more
information for the Council since so many questions have been asked
about the ordinance.
Councilman Heisey moved that this be considered first
reading of the ordinance and that action be deferred for one week.
This motion carried unanimously.
Bakersfield, California, October 30, 1972 - Page ?
159
Mayor Hart recognized the presence of Professor Richard
J. Stillman and his public administration students from Cal State
College who were observing the Council meeting.
Approval of Contract between the City
of Bakersfield and Transit Ads, Inc.
Upon a motion by Councilman Rees, Contract between the
City of Bakersfield and Transit Ads, Inc., was approved and the
Mayor was authorized to execute same.
Acceptance for filing of Addendum to
California Avenue Park Neighborhood
Facility application.
Upon a motion by Councilman Rucker, Addendum regarding
environmental impact of the California Avenue Neighborhood Facility,
was accepted for filing with the application.
Approval of Letter of Agreement by
and between the City of Bakersfield
and the Kern County Coundil of
Governments (KCOG) in regard to
Seismic Safety Plan Element preparation.
Upon a motion by Councilman Whirremote, Letter of Agree-
ment by and between the City of Bakersfield and the Kern County
Council of Governments (KCOG) to prepare Seismic Safety Plan Element
for the City was approved, and the Mayor was authorized to execute
same.
Approval of Contract with Floyd Horne
to provide inspection service during
construction of the California Avenue
Park Neighborhood Facility.
Upon a motion by Councilman Rees, contract with Floyd
Horne to provide inspection service during construction of the
California Avenue Park Neighborhood Facility was approved, and the
Mayor was authorized to execute same.
Approval of Plans for Expanding Parking
at Central Park.
Upon a motion by Councilman Bleecker, the plans were
approved and the Finance Director was authorized to advertise for
bids for the expansion of the parking at Central Park. Contribution
of $3,000 from the Community House of Bakersfield to assist the City
in paying for this project was accepted, and the Mayor was requested
to send a letter to Mr. T. Robert Spawn, President of the Executive
Board of Community House, for the contribution and
spirited effort shown in providing this significant
taxpayers.
for the public
savings to the
160
Bakersfield, California, October 30, 1972 - Page 8
Hearings.
This is the time set for public hearing before the Council
on an Ordinance amending Chapter 13.56 of, and adding Chapter 13.68
to, Title 13 of the Municipal Code, concerning Building and Con-
struction Regularions and Standards; adopting by reference the
Uniform Electrical Code, 1971 Edifion, and National Electrical Code,
1971 Edition; and adopting by reference the Uniform Building Codes
Accumulative Supplement, 1972. This hearing has been duly adver-
tised and no protests or objections have been filed in the City
Clerk's office.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
hearing was closed for Council deliberation and action. Building
Director Olsson stated that the electrical contractors and unions
concerned had been notified and furnished with a copy of the pro-
posed ordinance. Upon a motion by Councilman Rucker, Ordinance No
2051 New Series amending Chapter 13.56 of, and adding Chapter 13.68
to, Title 13 of the Municipal Code, concerning Building and Con-
struction Regulations and Standards; adopting by reference the
Uniform Electrical Code, 1971 Edition and National Electrical Code,
1971 Edition, and adopting by reference the Uniform Building Codes
Accumulative Supplement, 1972, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
for public hearing before the Council
on Resolution of 880 of the Council of the City of
Bakersfield, California, declaring its intention to order the
vacation of a Public Service Easement in Tract No. 2268 between
Lots 21 and 22, in the City of Bakersfield. This hearing has been
duly advertised and the property posted. The vacation was requested
by property owners in the area and was approved and recommended by
the Planning Commission.
Noes: None
Absent: None
This is the time set
Intention No.
Bakersfield, California, October 30, 1972 - Page 9
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
hearing was closed for Council deliberation and action. Councilman
Thomas voiced a protest for his. 11 year old brother to the closing
of this easement. Upon a motion by Councilman Whittemore, Resolution
No. 72-72 ordering the vacation, was adopted by the following vote:
Ayes: Medders, Rees, Rucker,
Councilmen Bleecker, Heisey,
Whittemore
Noes:
Absent: None
This is
on Resolution of
Councilman Thomas
the time set for public hearing before the Council
Intention No. 881 of the Council of the City of
Bakersfield, California, declaring its intention to order the
vacation of a portion of Inyo Street in the City of Bakersfield.
This hearing has been duly advertised and no protests or objections
were received in the City Clerk's office.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
hearing was closed for Council deliberation and action. Upon a
motion by Councilman Rucker, Resolution No. 73-72 ordering the
vacation was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas~ Whittemore
Noes: None
Absent: None
The Council returned to item on the Agenda regarding the
filing of the Environmenfal Impact Report (EIR) on Blocks 286 and
287 of the Downtown Redevelopment Project. For the record, Mr.
Bergen recapped the events leading up to this action, stating that
on October 24, 1972, at 12 o'clock noon, separate meetings were
held by the Bakersfield Redevelopment Agency and the Planning
Commission, at which time the EIR for the Bank of America project
was submitted to the members. At the Council meeting held that
evening, the EIR was submitted to the members of the Council. On
Bakersfield, California, October 30, 1972 - Page 10
October 30, 1972, at twelve o'clock noon, the Bakersfield Redevelop-
ment Agency held a special meeting for the purpose of filing, with
any amendments, Enivornmental Impact Report on Blocks 286 and 287
of the Downtown Redevelopment Project, and the Planning Commission
held a separate meeting for the same purpose at 1:30 P.M. At
both meetings statements regarding the inadequacy of proposed
Environmental Impact Report for Arcon, Inc., and Bank of America
office and retail complex were filed by Mrs. Joy Lane, Research
Analyst for the Project Land Use Task Force. Mr. Bergen read the
table of contents and the conclusion of the 11 page statement
submitted to the two bodies.
The Council recessed its regular meeting at 9:30 P.M.
The Council reconvened at 9:40 P.M., and studied a
report prepared and submitted by Mr. Harold E. Bergen, City Manager
and Community Development Director, after consideration of comments
from the public on the proposed Environmental Impact Report sub-
mitted October 24, 1972.
Mayor Hart stated that the Council, in conjunction with
the Bakersfield Redevelopment Agency, the Planning Commission and
the Board of Zoning Adjustment, would hold a public discussion on
the EIR and that comments or inquiries would be welcomed from the
audience.
Mr. Joe Davis, Vice-Chairman, called the adjourned
the Planning Commission to order. The Secretary
special meeting of
called the roll as
Present:
Absent:
follows:
Joe H. Davis
Dean A. Gay
Burr Baldwin
Dr. James L. Frederickson
H. Alston Thomas
Albert C. Lum
Kenneth E. Vetter
163
Bakersfield, California, October 30, 1972 - Page 11
Mr. Vincent Casper, Vice-Chairman, called the adjourned
special meeting of the Bakersfield Redevelopment Agency to order.
The Secretary called the roll as follows:
Present:Vincent Casper
Bill Lee
Ralph H. Poehner
James L. Stewart
Theton Taber
Absent: Robert E. King
Dr. Glenn D. Puder
Mr. Eugene Jacobs, Legal Consultant to the Bakersfield
Redevelopment Agency, stated that an Environmental Impact Report
was prepared and submitted to the Redevelopment Agency and the
Planning Commission a week ago with regard to the office and retail
complex proposed to be constructed by Arcon, Inc. and the Bank of
America on the block bounded by Truxtun Avenue, Chester Avenue,
17th Street and "K" Street, and was to be submitted to each body
and the Council for filing today.
An eleven page document entitled a "Statement by Project
Land Use Task Force regarding Inadequacy of proposed Environmental
Impact Report for Arcon, Inc. and Bank of America Office and Retail
Complex," prepared under the names of Joy Lane, Frederick A. Lane,
M.D., Elizabeth Fontaine and Joe Fontaine, was submitted to both
bodies at separate special meetings held today. After considera-
tion of these comments, a reaction to this written statement was
prepared today under the direction of Harold Bergen, City Manager
and Community Development Director of the City of Bakersfield.
Mayor Hart asked if anyone in the audience wished to
comment on the proposed Environmental Impact Report which was
submitted last week to the Redevelopment Agency, the Planning
Commission and the Council, or conunent on statement filed by Mrs.
Joy Lane and associates. No one in the audience requesting to be
heard, the Mayor closed the public portion of the meeting.
Mr. Jacobs summarized the Environmental Impact Report
prepared and submitted in reaction to the comments contained in
report filed by Project Land Use Task Force.
164
Bakersfield, California, October 30, 1972 - Page 12
Mr. Jacobs stated that the Environmental Impact Report
now consists of the 11 page answer to the statements of the Project
Task Force, the original EIR submitted on October 24, 1972 to
which has been added the Minutes of the Planning Commission acting
on the plans of Arcon, Inc., the Notice of Decision and Minutes on
this matter of the Board of Zoning Adjustment, and the eleven page
statement of the Project Task Force filed with the Redevelopment
Agency and the Planning Commission today. Pages 16, 24 and 28 of
the original report have been changed, and the oversized map has
been reduced in size but is on a similar scale.
Mr. Jacobs submitted Resolutions to be adopted in which
each body states that it hereby approves and adopts the Environ-
mental Impact Report, also that each body after considering all
negative and positive environmental impact, finds that the subject
office and retail complex would not
impact on the environment, but will
significant impact on the economics
have a significant adverse
have a very beneficial and
of downtown Bakersfield.
Upon a motion by Commissioner Baldwin,
Commissioner Thomas, Resolution No. 5-72 of the
of the City of Bakersfield approving the Environmental Impact
Report for the Office and Retail Complex on the block bounded by
Truxtun Avenue, Chester Avenue, 17th Street and K Street, was
adopted by the following roll call vote:
Ayes: Commissioners Baldwin, Davis, Frederickson, Gay, Thomas
Noes: None
Absent: Commissioners Lum, Vetter
Upon a motion by Mr. Taber, seconded by Mr. Stewart,
Resolution No. RA7-72 of the Bakersfield Redevelopment Agency of
the City of Bakersfield approving the Environmental Impact Report
for the Office and Retail Complex on the block bounded by Truxtun
seconded by
Planning Commission
Bakersfield, California, October 30, 1972 - Page 13
165
Avenue, Chester Avenue,
the following roll call
Ayes:
Noes:
Absent:
17th Street and K Street, was
vote:
Agency Members Casper, Lee, Poehner, Stewart,
None
Agency Members King, Puder
74-72 of the Council
Environmental Impact
the block bounded by
and K Street, was adopted by
Councilmen Bleecker,
Ayes:
Noes:
Absent:
adopted by
Taber
Upon a motion by Councilman Whittemore, Resolution No.
of the City of Bakersfield approving the
Report for the Office and Retail Complex on
Truxtun Avenue, Chester Avenue,
the following roll call
Heisey, Medders, Rees,
Thomas,
None
None
There being no
Whittemore
17th Street
vote:
Rucker,
Adjournment.
further business to come before the Council,
the Bakersfield Redevelopment Agency, the Planning Commission or
the Board of Zoning Adjustment, upon a motion by Councilman Medders,
the meeting was adjourned by Mayor Hart at 10:10 P.M.
MAY( ty of Bakersfield, Calif.
ATTEST:
~''~ ' ~--'~ of the Council
of the City of Bakersfield, California
166
Bakersfield, California, November 6, 1972
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 6, 1972.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Councilman Walter
Heisey.
Present:
Absent:
Mayor Hart.
None
Minutes of
Councilmen Bleecker, Heisey, Medders, Rees,
Rucker, Thomas, Whittemore
the regular meeting of October 30, 1972 were
approved as presented.
Scheduled Public Statements.
Mr. Rayburn S. Dezember, President of the Greater Bakers-
field Chamber of Commerce, read a Resolution of the Board of
Directors of the Chamber publicly commending the City Planning
Commission, the Redevelopment Agency and the City Council for their
devotion to duty in complying with State court rulings affirming
their consideration for the environment, and thereby paving the
way for the development of the Bank of America building, signaling
the rebirth of downtown Bakersfield.
Councilman Heisey commented that the City staff should
be praised for the speed and efficiency with which the Environmental
Impact Study was prepared for this project.
Correspondence.
Upon a motion by Councilman Rucker, notice of regular
meeting of the South San Joaquin Division of the League of Cali-
fornia Cities to be held in Clovis on November 17, 1972, was
received and ordered placed on file.
Upon a motion by Councilman Whittemore, communication
from the State Division of Highways requesting the Council to
determine whether Route 58 Freeway will sever any County non-
motorized route or that a reasonable alternate route does exist
for any route so severed and that such route is consistent with
the City's Master Plan for such facilities, was received and
referred to the Administrative Staff for study.
Bakersfield, California, November 6, 1972 - Page 2
167
Council Statements.
Councilman Bleecker stated that he had received a number
of telephone calls from people who have not received their sample
ballots for the general election tomorrow, and he asked the press
to publicize the fact that a registered voter can call the County
Clerk's office and obtain the location of his polling place.
Councilman Rucker commented regarding the construction
of the California Avenue Park Multi-Purpose Facility, stating that
he hopes the contractor for this project will employ as many of
the residents from this low income area as possible, as there are
many unemployed residents in the southeast part of the City.
Councilman Medders moved that the City Manager and the
Director of Public Works be requested to devise a plan whereby
the citizens of Bakersfield would be offered the opportunity to
engage in an annual clean-up week, with the City furnishing the
equipment to haul away junk and rubbish from a designated location.
The motion carried unanimously. Councilman Rucker stated the
residents of the southeast area of the City will welcome the
opportunity to dispose of the accumulated rubbish by a clean-up
program sponsored by the City.
Reports.
Councilman Rees, Chairman of the Budget Review and
Finance Committee, reported on the subject of the Dog Pound Agree-
ment and Lease with the County of Kern, stating that the County has
indicated it is nearing agreement with the Bakersfield Society for
the Prevention of Cruelty to Animals to construct and provide
pound facilities on the SPCA's property at 4401 Edison Highway.
Pending the completion of a new shelter facility, the Society will
assume, as subcontractor to the County of Kern, the operation and
maintenance of the existing City Dog Pound.
It is necessary for the City to enter into a new agree-
ment and lease with the County for the operation of the City Dog
Pound, which will provide for termination and supersedure of a
lease of the entire premises and facilities to the County and
168
Bakersfield, California, November 6, 1972 - Page 3
of
Ayes:
Noes:
Absent:
Inc. for paving Lennox Avenue
accepted, all other bids were
to execute the contract.
authorize the County to sublet the premises to the SPCA for pound
operations and maintenance. The terms of the agreement and lease
will provide that the County of Kern will continue to reimburse
the City for any maintenance and operation expenses incurred in
the interim, and will cover the period from July l, 1972 to June
30, 1973.
The Committee recommends adoption of the necessary
agreement and lease. Councilman Rees moved that the report be
adopted and authorization granted for the appropriate action on
behalf of the Council. This motion carried unanimously.
Upon a motion by Councilman Heisey, report from City
Attorney Hoagland stating that his office has commenced lawsuits
against those occupants of premises in the City who have nor paid
their refuse bills during the time when the service charge was in
effect, was received and ordered placed on file.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a)Allowance of Claims Nos. 1334 to 1399,
inclusive, in amount of $47,611.14.
(b) Acceptance of Easement Deed from Atchison,
Topeka and Santa Fe Railway Company.
Upon a motion by Councilman Medders, Items (a) and (b)
the Consent Calendar, were adopted by the following vote:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
None
None
Action on Bids.
Upon a motion by Councilman Thomas, low bid of Dicco,
and a portion of Wilson Road was
rejected, and the Mayor was authorized!
Upon a motion by Councilman Thomas, low bid of Griffith
Co. for resurfacing portions of University Avenue, Bradley Avenue
and frontage roads along Golden State Avenue at Garces Circle was
accepted, all other bids were rejected, and the Mayor was authorized
to execute the contract.
Bakersfield, California, November 6, 1972 - Page 4
169
Ayes:
Noes: None
Absent: None
Deferred Business.
Upon a motion by Councilman Bleecker, Ordinance No.
New Series of the Council of the City of Bakersfield amending
Section 11.17.020 of the Municipal Code of
setting the boundaries of the Parking Mall,
following vote:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Appointment of City Manager Bergen
to Kern County Operational Area
Emergency Council.
2052
the City of Bakersfield
was adopted by the
Upon a motion by Councilman Heisey, City Manager Bergen
was appointed to the Kern County Operational Area Emergency Council.
Mr. Bergen stated that Director of Public Works Bidwell or the Chief
the
of Police and the Chief
Civil Defense Ordinance
of the Fire Department are delineated in
to act in his absence.
Hearings.
This is the time set for public hearing before the Council
on Phase II of the 1972 Weed Abatement Program. Director of Public
Works Bidwell reported that inspections for this 'program began
September 25th and were carried through October 4, 1972. 509 Parcels
were posted at that time. On October 20, 1972, 472 Notices to
Destroy Weeds cards were mailed. A second inspection was made on
October 30 and 31, 1972, and 187 property owners had complied and
removed their weeds. Certified letters will be mailed to the 285
property owners who have not yet complied.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
hearing was closed. Upon a motion by Councilman Bleecker, Resolution
No. 75-72 finding that certain Weeds growing on properties in the
City of Bakersfield constitute a public nuisance and directing the
Superintendent of Streets to destroy said Weeds, was adopted by the
following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
170
Bakersfield, California, November 6, 1972 - Page 5
This is the time set for public hearing before the Council
on application by William Ray York to amend the zoning boundaries
from an R-1 (Single Family Dwelling) Zone to an R-3 (Limited Multiple
Family Dwelling) or more restrictive, Zone, and to a C-2 (Commercial)
or more restrictive, Zone, of that certain property commonly known
as 3951 Wible Road.
This hearing has been duly advertised and posted and
notices sent as required by law. No written protests or objections
have been filed in the City Clerk's office.
At its regular meeting of October 4, 1972, the Planning
Commission found as follows:
pation.
That any commercial zoning into this developing
neighborhood should be limited to the northwest
corner of the intersection of Wible Road and
White Lane.
bo
The Commission is particularly concerned with
freeway-oriented uses, such as motels, restau-
rants, cocktail lounges, repair garages, etc.,
locating adjacent to residential areas, and
therefore recommended:
The easterly 250 feet C-1-D (Limited Commercial
Architectural Design); the westerly 132 feet to
remain R-i, and the westerly 355 feet in depth
to be zoned R-2-D (Limited Commercial - Archi-
tectural Design) or more restrictive, Zone.
The Planning Commission also recommended the
"D" Overlay be applied to the C-1 and R-2
zoning to insure a compatible development with
adjacent developed and developing properties.
Mayor Hart declared the hearing open for public partici-
Mr. Kenneth Byrum, Attorney, representing Mr. York the
applicant, expressed his client's opposition to the recommendation
of the Planning Commission, and displayed a map and several photo-
graphs of the surrounding area to support his arguments. He stressed
the fact that the County of Kern operates a maintenance yard
adjacent to the property which would not be consistent with R-1
or R-2 uses of this property. He has been advised that there are
no definite plans for removal of the yard from the present location.
There is already R-3 zoning in the area, although the
171
Bakersfield, California, November 6, 1972 - Page 6
Planning staff.has recommended Rw2-D. Mr. York proposes to operate
a sales facility for recreational vehicles and mobile homes. This
particular use is compatible with residential uses of the remaining
property in the parcel. Any knowledgeable developer is not going
to develop the property immediately adjacent to the major highways
in that area to any residential use. It would appear to be better
to have a C-2 buffer between residential uses and a highway because
of the highway noise factor and the effect on the environment.
The staff report indicates that the Commission does not
feel it would be in the best interests of the community to zone
the property to the uses for which it could be used under C-2
zoning adjacent to proposed residential development. The question
boils down to what use should be made of the property immediately
adjacent to Wible Road as a C-2 use is not inconsistent with
appropriate planning.
Mr. Arlo Barkley, owner of the 17 acre parcel immediately
adjoining Mr. York's property on the north, stated he personally
believes that R-1 zoning is not compatible with the adjacent
developed properties, that he does not intend to develop his
property R-1.
No one present speaking in approval of the rezoning,
Mayor Hart closed the public hearing for Council deliberation and
action.
Councilman Whittemore stated that over the years the
Council has heard many requests to rezone property to a higher
density so that the owners can either develop or speculate in
developing their property. The Council has always been considerate
in granting land owners the best use of their property. There are
many acres of C-i, R-2 and R-3 zoned properties which have not
been developed due to the fact that there is no demand for this
property. It is becoming incumbent upon the Council to consider
the impact on the City in continually zoning ahead of the City's
development and instead hold some of the properties from high
density zoningand retain it for R-1 development~ The latest
report he has heard is that there is between a 20 and 27% vacancy
172
Bakersfield, California, November 6, 1972 Page 7
factor in apartments in the southwest area, and there are many more
units being considered for construction. He doesn't think it is
wise for the Council to continue to fezone property for speculation,
the demand should be considered, and the status quo maintained in
this particular area. Councilman Whittemore then moved that the
application be denied.
Councilman Thomas stated he agreed with Councilman
Whittemore. He thinks it is time for the Council, or a committee
of the Council, to look at the zoning ordinance and perhaps insert
a reversion clause to the effect that if a property is not developed
within a certain period of time, it automatically reverts back to
its original zoning. The southwest is heavily zoned commercial
and the residents are getting tired of the resultant heavy traffic
in their neighborhoods.
Councilman Bleecker stated the remarks made by the two
Councilmen are generally true, but the merits of each particular
zoning application should be weighed individually. He stated he
would not care to live in a R-1 neighborhood next to a County
Corporation Yard. The areas adjacent to the subject property are
commercial and have been for some time, there are no residences
to the north, the homes to the west would have a sufficient buffer
built by the property owner to allow him the best use of his
property. He does not think that the Council should speak in
generalities, that it must confine itself to this particular reques~
and whether or not it should be rezoned as the applicant has
requested.
Councilman Rees asked what happens if the Council votes
not to uphold the Planning Commission's recommendation. Mr. Hoagland
explained that the Planning Commission's recommendation for the
rezoning of this parcel is more restrictive than that requested by
the applicant, Mr. York, and the applicant is objecting to this
more restrictive zoning. The Council can approve the recommendation
of the Planning Commission, the application of the property owner,
or can make other modifications as long as it is within the R-3
or C-2 zoning.
Bakersfield, California, November 6, 1972 - Page 8
173
Councilman Whitiemore stated that the County Corporation
Yard is practically non-operative, most of its equipment has been
moved to the County's central yard. The City is growing in thai
direction~ the demand no longer exists for C-1 or C-2 zoning or
for high density residential. He stated that his motion is to
have this property retained as R-1 zoning for the present time.
Councilman Heisey remarked that he could not agree with
the applicant's request to make it all C-2 and R-3 or with Council-
man Whittemore's motion to have it remain R-1 zoning~ he doesn't
believe this property will ever be zoned residential. He feels the
Planning Conunission came up with a good recommendation, and he
offered a substitute motion to uphold the decision of the Planning
Commission and'to adopt Ordinance amending Title 17 of the Municipal
Code as recommended.
Councilman Bleecker commented that the County Corporation
Yard is there and Mr. Byrum has stated he was advised that the
County did not intend to immediately divest itself of this property.
There is 100% conunercial across the street from the property and
rezoning fhe parcel R-3 and C-2 is reasonable and sound. He then
made a second substitute motion that the request of the property
owner to fezone the property to R-3 and C-2 be approved.
Councilman Whittemore remarked that Councilman Bleecker's
motion was out of order. Councilman Bleecker asked the City
Attorney to advise the chair and to quote from Mason's Rules of
Order where his substitute motion was out of order. A brief recess
was called at this time.
Mayor Hart reconvened the Council and stated that under
the circumstances it has been interpreted that a vote should be
taken on the first substitute motion~ and if it fails, the original
motion or others, are in order.
Vote taken on Councilman Heisey's substitute motion failed
to carry as follows:
Ayes: Councilmen Heisey, Medders, Rucker
Noes:
Absenl:
Councilmen Bleecker,
None
Rees, Thomas, Whittemore
174
Bakersfield, California, November 6, 1972 - Page 9
Councilman Whittemore's original motion
by the following roll call vote:
Ayes:
Noes:
Absent:
failed to carry
Councilmen Rees, Thomas, Whitfemore
Councilmen Bleecker, Heisey, Medders, Rucker
None
Councilman Bleecker made a motion that the request of
the property owner to amend the zoning boundaries from an R-1 to
an R-3 and C-2 zone be approved by the
Councilman Heisey asked that
more time before voting on this motion.
Council.
the Council take a little
The Planning Commission
Ayes:
Noes:
Absent:
the hearing is held on this rezoning as he would like
at that time.
recommended a C-1-D zoning, and if a compromise is worked out that
will be acceptable to everyone, it will be necessary for the
Council to be a little more restrictive, especially when two
Councilmen would like to see it zoned residential. He asked the
applicant's attorney if he had a compromise to suggest which would
be acceptable to Mr. York.
Mr. Byrum stated that his client feels it would be
possible to put the property to the proposed use under the C-l-D,
that it is proposed to immediately construct a mobile home sales
business on the front portion of the property. Planning Director
Sceales stated that he had advised Mr. York that this use could
not be granted automatically under a C-1 zone, it would be necessary
to make an application to the Board of Zoning Adjustment for a
Conditional Use Permit.
Mr. Byrum stated that if the Council would approve R-2-D
zoning on the rear portion and C-2 on the front of the property,
they could live with that.
Councilman Heisey commented that in view of the comments
received and the wide diversity of opinions, he would offer a
substitute motion to refer the matter back to the Planning Commission
for further study and to report back to the Council at a future date.
Vote taken on Councilman Heisey's motion carried as follows:
Councilmen Heisey, Medders, Rees, Rucker, Thomas,
Whittemore
Councilman Bleecker
None
Councilman Thomas asked Mr. Sceales to notify him when
to testify
Bakersfield, California, Now.ember 6, 1972 - Page 10
175
This is .the time set for public hearing'before the Council
on application by St. John's Lutheran Church to amend the zoning
boundaries from an R-1 (Single.Fam{ly Dwelling) Zone to an'R-1-CH
(Single Family Dwelling - Church), or more restrictive, Zone, of
that certain property in the City of Bakersfield located easterly
of New Stine Road between Belle Terrace and Nordic Drive.
This hearing has been duly.advertised and posted and
notices sent as required by law. No written protests or objections
have been filed in the City Clerk's office.
At its regular meeting held October 4, 1972, the Planning
Commission considered the request of the Church to change the zoning
of their property to an R-1-CH to allow for the construction of a
church and related facilities. It was the.opinion of the Commission
that this use would be compatible. with the zoning and development
of the surrounding area and therefore recommended approval.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
hearing was closed for Council deliberation and action. Upon a
motion by Councilman Thomas, Ordinance No. 2053 New Series amending
Title Seventeen of the Municipal Code by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
easterly of New Stine Road, between Belle Terrace and Nordic Drive,
was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
This is the time set for public hearing before the Council
on application of the First Church of the Nazarene to amend the
zoning boundaries from an R-1 (Single Family Dwelling) Zone to an
R-1-CH (Single Family Dwelling - Church) or more restrictive, Zone,
of that certain property commonly known as 2801 Hughes Lane.
176
Bakersfield, California, November 6, 1972 - Page 11
This hearing has been duly advertised and posted and
notices sent as required by law. No written protests or objections
have been filed in the City Clerk's office.
At its regular meeting held October 4, 1972, the Planning
Commission considered this zone change to R-1-CH at the request of
the church. This zone change will enable the church to construct
a new addition to their existing facilities and also allow for
future expansion. It was the opinion of the Coramission that this
use would be compatible with the zoning and development of the
surrounding area and therefore recommended approval.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
hearing was closed for Council deliberation and action. Upon a
motion by Councilman Thomas, Ordinance No. 2054 New Series amending
Title Seventeen of the Municipal Code of the City of Bakersfield
by changing the Land Use Zoning of that certain property in the
City of Bakersfield commonly known as 2801 Hughes Lane was adopted
by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Bleecker, the meeting was
adjourned at 9:30 P.M.
Calif.
ATTEST:
and ~Ex-Of~icio Clerk of the Council
of the City of Bakersfield, California
Bakersfield, California, November 13, 1972
1_77
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 13, 1972.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and Invocation by Councilman Walter
Heisey.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilman Heisey, Medders, Rees, Rucker,
Whittemore
Absent: Councilman Bleecker, Thomas
Minutes of the regular meeting of November 6, 1972 were
approved as presented.
Scheduled Public Statements.
Representatives of the Board of Directors of the Kern
County Council of Camp Fire Girls stated that a candy sale will
be held during the period of November 17 to December 14, 1972,
and introduced the Camp Fire Girls attending the meeting who pre-
sented a box of Dewar's Chews to the Mayor and members of the
Council.
Mayor Hart acknowledged the presence of the Students
assigned to counterpart positions as Mayor and Councilmen who will
be participating in Teen-Age Government Day to be held November
15, 1972.
Correspondence.
Upon a motion by Councilman Rees, communication from
Melvin G. Davis offering to sell the City of Bakersfield that
property known as 1501 Eye Street situated in Block 324, for
$80,000.00, was received and ordered placed on file.
City Manager Bergen told the Council that the staff has
evaluated the City's needs and would recommend that the Council
express its appreciation to Mr. Davis for his offer and inform him
that the City's present plans do not indicate a need for any
portion of Block 324. Upon a motion by Councilman Heisey, the
Mayor was requested to direct a letter to Mr. Davis, as recommended
by Mr. Bergen.
178
Bakersfield, California, November 13, 1972 - Page 2
will be there
exhibition of
and (d)
vote:
Ayes:
Noes:
Absent:
Mayor Hart advised the Council that communications had
been received in his office from Senator Alan Cranston and Congress-
man Bob Mathias relative to the restoration of rail passenger
service through the San Joaquin Valley, and acknowledging receipt
of the Mayor's suggested plan to coordinate the San Joaquin passen~;er
service with Amtrak service between San Diego and Seattle and
between Los Angeles and Chicago.
Council Statements.
Councilman Heisey stated that the "Spirit of 76" special
exhibit train, which has been touring the entire country, will be
on display at the Santa Fe Railroad yards the entire day of
November 14, 1972, and urged everyone to visit this exhibit.
Mayor Hart stated that the display opens at l0 o'clock,
for several hours, and is a particularly spectacular
the Country's heritage.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1400 to 1501,
inclusive, in amount of $149,048.73.
(b) Claim against the City from Howard P.
Nelson and LaDonna Q. Nelson (refer to
the City Attorney).
(c)Request of Woodrow P. Kirk for extended
Leave of Absence Without Pay.
(d) Request of Sam Rudnick to connect pro-
perty to the City Sewer System (refer
to the Planning Commission).
Upon a motion by Councilman Medders, Items (a), (b), (c)
of the Consent Calendar, were adopted by the following
Councilman Heisey, Medders,
None
Councilmen Bleecker, Thomas
Rees, Rucker, Whirremote
Bakersfield, California, November 13, 1972 - Page 3
179
Adoption of Resolution of Intention
No. 882 of the Council of the City
of Bakersfield, declaring its in-
tention to order the vacation of a
portion of Westbrook Drive in the
City of Bakersfield.
Upon a motion by Councilman Whittemore, Resolution of
Intention No. 882 of the Council of the City of Bakersfield, de-
claring its intention to order the vacation of a portion of West-
brook Drive in the City of Bakersfield, was adopted by the following
vote
Ayes
Noes
Absent:
Councilmen Heisey, Medders, Rees, Rucker, Whittemore
None
Councilmen Bleecker, Thomas
Approval of Agreement between City
of Bakersfield and Herbert P. Sears
Co., Inc. for collection services.
Upon a motion by Councilman Rees, Agreement between City
of Bakersfield and Herbert P. S~ars Co., Inc. for collection ser-
vices was approved, and the Mayor was authorized to execute same.
Council requests the State Legislature
to call a three month's moratorium to
the requirements of the State Environ-
mental Quality Act of 1970.
At its regular meeting of November 1, 1972, the Planning
Commission recommended that the City Council take formal action
requesting the State Legislature to call a three month's moratorium
to the requirements of the State Environmental Quality Act of 1970
as interpreted by the Supreme Court, to allow the Legislature time
to review the impact of the Supreme Court's interpretation, and to
prepare uniform standards, guidelines and procedures for cities
and counties to follow in assessing projects.
Mr. Dean Gay, a member of the Planning Commission which
recommended the moratorium~ and representing himself and the
building industry,.appeared before the Council at this time, stating
that things are happening so rapidly today in the environmental
impact field and also in zoning and planning that.many people wonder
where they are going.. A certain segmflnt of society would like to
see the building industry come to a grinding halt and he feels that
180
Bakersfield, California, November 13, 1972 - Page 4
someone should defend this industry which has done an outstanding
job toward creating a healthy economy and a balanced environment.
He furnished each member of the Council with an article written by
Mr. Herbert D. Tobin who brings out many interesting points on what
is happening in the building trades industry today. Mr. Gay stated
that sensible builders are extremely conscious of their responsi-
bility for creation of a new kind of living environment that
enhances the quality of life Americans now expect.
Councilman Rees commended Mr. Gay on his presentation
and stated he wanted to share with him certain words of wisdom
"the pendulum swings." He has great confidence in the American
people, he feels that level heads will prevail, as the building
industry, labor unions and the development industry are too large
to be stymied by this sort of opposition.
Mr. Scott Arvizu~ Teen-age Councilman~ questioned the
article by Mr. Tobin~ stating that Mr. Tobin sounds as though smog
is not detrimental to the country's health at the present time.
To say that solutions will be accomplished in the future does not
mean that necessarily solutions will be found. A lot of people
want different things~ but there is still no solution to correct
or halt environmental and social blight.
Mayor Hart commented that the article is one man's
opinion and an opinion is not necessarily a fact. Mr. Tobin does
not treat this lightly~ he is extremely conscious of the responsi-
bility for improvement in environmental planning and points out that
society is moving in the direction of overcoming these problems
eventually, but people will suffer in the meantime.
Councilman Whittemore commented that the environmenial
impact on the construction industry today is caused by the Supreme
Court taking a piece of excellent legislation and interpreting it
in a different manner~ and has almost paralyzed the construction
industry in doing so. This creates a tremendous unemployment
problem not only in that industry but in every related industry.
He is sure thai the legislature will amend the Supreme Court's
181
Bakersfield, California, November 13, 1972 - Page 5
decision,
Great strides
does not feel
lesson.
because no one can live with it in its present form.
have been made within the past three years, and
the industry needs to be paralyzed to be taught
he
Mr. Gay stated that all
concerned with fhis environmental
judging different projects for years and have actually been judging
them on how they affected the environment and the ecology of the
the Planning Commissioners are
impact decision. They have been
projects that have been halted completely by this ruling, which
has created a great hardship for several developers.
Councilman Whirremote stated that this decision has cost
the cities and counties of the State of California millions of
dollars, which is something the legislative bodies have no control
over. He then moved that the Council adopt the recommendation of
the Planning Commission and formally request the State Legislature
to declare a moratorium on the requirements of the State Environ-
mental Quality Act of 1970 for a period of at least three months.
This motion carried unanimously.
Adoption of Resolution No. 76-72 of
the Council of the City of Bakers-
field establishing Interim Guidelines
and Procedures for determining whether
a project may have significant effect
on the environment and for preparation
of Environmental Impact Reports, if
required.~
Upon a motion by Councilman Whirremote, Resolution No.
76-72 of the Council of the City of Bakersfield establishing
Interim Guidelines and Procedures for determining whether a pro-
ject may have significant effect on the environment and for
preparation of Environmental Impact Reports, if required, was
adopted
Ayes:
Noes:
Absent:
by the following vote:
Councilmen Heisey, Medders,
None
Councilmen Bleecker, Thomas
Rees, Rucker, Whittemore
local area but were not calling it
work required is crippling and has
Councilman Heisey stated
that. The vast amount of paper
a tendency to slow things down.
that he knows of a number of
Bakersfield, California, November 13, 1972 - Page 6
Denial of request of Robert S. Dickson
to connect property ½ mile south of
Panama Lane on east side of Stine Road
to City Sewer System.
Pursuant to recommendation of the Planning Commission,
upon a motion by Councilman Rees, request of Robert S. Dickson to
connect property ~ mile south of Panama Lane on east side of Stine
Road to City Sewer System was denied by the Council.
Approval of Annexation boundaries
designated as Municipal Farm No. 2
Annexation.
Upon a motion by Councilman Rucker,
tion designated as Municipal Farm No. 2 were
to the
boundaries of annexa-
approved and referred
City Engineer and City Attorney for referral to LAFCO.
Hearings.
This is the time set for public hearing before the
Council for hearing protests by persons owning real property with-
in territory designated as "Kern River No. l", proposed to be
annexed to the City of Bakersfield. This hearing has been duly
advertised, the property posted and notices sent to property owners
as required by law. No written protests or objections have been
filed in the City Clerk's office.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
hearing was closed for Council deliberation and action. Upon a
motion by Councilman Medders, Resolution No. 77-72 of the Council
of the City of Bakersfield declaring that a majority protests has
not been made to the annexation of Kern River No. I proposed to be
annexed
vote:
~yes:
Noes:
Absent:
to the City of Bakersfield, was adopted by the following
Councilmen Heisey, Medders, Rees, Rucker, Whittemore
None
Councilmen Bleecker, Thomas
Upon a motion by Councilman Medders, Ordinance No. 2055
New Series approving annexation of a parcel of uninhabited terri-
tory to the City of Bakersfield, California, designated as Kern
Bakersfield, California, November 13, lg72 - Page
said territory to
adopted by the
River No. 1 and providing for the taxation of
pay the bonded indebtedness of said City, was
following vote:
Ayes: Councilmen Heisey, Medders, Rees, Rucker, Whirremote
Noes: None
Absent: Councilmen Bleecker, Thomas
This is the time set for public hearing before the
Council for hearing objections to include within the Greater
Bakersfield Separation of Grade District a portion of certain
territory designated as Kern River No. 1. This hearing has been
duly advertised. No written protests have been filed in the City
Clerk's office.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
hearing was closed for Council deliberation and action.
City Manager Bergen pointed out that the portions of
this annexation south of the river will be included in the Greater
Bakersfield Separation of Grade District, that portion north of
the river will not be included in the District.
Upon a motion by Councilman Medders, Resolution No. 78-72
annexing certain territory designated as Kern River No. 1 to the
Greater Bakersfield Separation of Grade District, was adopted by
the following vote:
Ayes: Councilmen Heisey, Medders, Rees, Rucker, Whittemore
Noes: None
Absent: Councilmen Bleecker, Thomas
This is the time set for public hearing before the
Council to zone upon annexation to an "A" (Agricultural) or more
restrictive, Zone, to a C-2-D (Commercial - Architectural Design)
or more restrictive, Zone, and to an M-1-D (Light Manufacturing -
Architectural Design) or more restrictive, Zone, those certain
properties bounded on the east by Freeway 99, south of Rosedale
Highway and north of Easton Drive (Kern River No. 1 Annexation).
This hearing has been duly advertised and posted and
notices sent as required by law. No written protests or objections
have been filed in the City Clerk's office.
Bakersfield, California, November 13, 1972 - Page 8
At its regular meeting of November 1, 1972, the Planning
Commission considered the proposed zoning of properties as requested
by the property owners within Kern River No. i Annexation. The
Commission recommended that the zoning as requested be amended to
reflect the recommendations of the Planning staff.
The Commission found that the proposed zoning, as amended,
would be similar to the existing zoning in the County and in general
conformance with the arrangement of land uses as depicted in the
Bakersfield Metropolitan Area General Plan. It was the opinion of
the Commission that the proposed zoning, as amended, would not have
a significant effect on the environment since said zoning would not
represent any significant changes in the present County.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
hearing was closed for Council deliberation and action. Upon a
motion by Councilman Medders, Ordinance No. 2056 New Series amending
Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal
Code, was adopted by the following vote:
Ayes:
Noes:
Absent:
Councilmen Heisey, Medders, Rees, Rucker,
None
Councilmen Bleecker, Thomas
Adjournment.
There being no further business to come before
Whittemore
the
Council, upon a motion by Councilman Whittemore the meeting was
adjourned at 8:45 P. M.
MAY of th~~/
ity of Bakersfield,
Calif.
ATTEST:
CITY ULERK and Ex-Officio Clerk of the Council
of the City of Bakersfield, California
185
Bakersfield, California, November 20, 1972
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 20, 1972.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Clifford
M. Dickau of the Belle View Baptist Church.
The City Clerk called the roll as follows:
Present:
Absent:
Mayor Hart.
None
Minutes of
Councilmen Bleecker, Heisey, Medders, Rees,
Rucker, Thomas, Whittemore
the regular meeting of November 13, 1972
were approved as presented.
Scheduled
Mr. Ray Griffith,
Public Statements.
1675 Eye Street, commended the Fire
Department for a recently initiated program known as "Operation
Identification" and volunteered his services to etch personal
identification numbers on bicycles and other items at his service
station without charge to the owners of the property. Mayor Hart
thanked Mr. Griffith for his offer and for his endorsement of the
program.
Mr. Joe Bruce addressed the Council regarding a drainage
problem existing at Clyde Street between Wilkins Street and Brundage
Lane and read a petition signed by 14 residents in the area re-
questing the Council to take action to alleviate this problem
immediately, as it is a potential health hazard and a breeding
place for mosquitoes.
Councilman Heisey remarked that he is familiar with this
location and there is a drainage problem every time it rains. He
asked Public Works Director Bidwell what steps are being taken to
alleviate it, and what is planned for the future.
Mr. Bidwell stated that there is a long range plan to
serve this area by a wastewater collector system being constructed
jointly by the City, County and State and connect it to the Highway
58 drainage system, which should be under construction be the
186
Bakersfield, California, November 20, 1972 - Page 2
spring of 1973. Until that time, the Public Works Department has
been attempting to work out a temporary connection to get through
the rainy season to take care of most of the water; however, due
to the recent rains, it has been impossible to pump the water com-
pletely out of the streets.
Councilman Rucker stated he has been aware of this
problem for some time, has spoken to the City Manager regarding
it, and he feels that the City should take the matter up with the
County and request that the drains which were closed some time ago
be opened up to permit this water to flow out.
Councilman Rees commented that he is very sympathetic
with the people in the area and is pleased to hear that a solution
is being considered for this drainage problem.
Council Statements.
Councilman Heisey commented that in order to bring the
Citizens Advisory Committee for Freeway Study up to date on the
progress being made on completion of the City's freeways, a
meeting was held last Wednesday evening with representatives of
the State Division of Highways. A general discussion was held,
but the information received was very disappointing. The State
had hoped to award the contract last month for a section of High-
way 58 between Weedpatch Highway and Cottonwood Road, but due to
lack of Federal funds, they were unable to do so. The City was
urged to put the pressure on its Congressmen for release of funds
by the Federal Government in order to proceed with the project
immediately.
The Committee was told that completion of the crosstown
freeway on 24th Street could possibly be held up until 1983.
Councilman Heisey stated he doesn't think this is realistic and
feels it can be speeded up by civic pressure, the news media and
the Council. He is not asking for any action tonight by the Council,
just making a progress report, but possibly within another week or
two, he will ask the Council to support a request to the State
Legislature, and the State Highway Commission, to proceed with
completion of this project. The State talked about it as though
it were a new project, but this is one that was started several
years ago and just left hanging.
187
Bakersfield, California, November 20, 1972 Page 3
Councilman Heisey stated that Mayor Hart has taken the
initiative to organize a group of civic minded people to get some-
thing done on this project.
The State Division of
study program to help determine
west of Bakersfield, which will
complete. The Council will recall that Mr. Van Voorhees, State
Highway Engineer, proposed several alternatives for this route,
none of which was adopted by the Council. Councilman Heisey feels
it is most important to select
in order to keep the cost down
relatively new structures.
Highways is updating its destination
the best routes for the freeway
take a minimum of six months to
Councilman Bleecker commented that the people who reside
in the area of the 24th Street corridor in the Fourth Ward deserve
to know as soon as possible when they must vacate their homes.
Several homes have already been sold in this area. It should be
brought out again that approximately 75% of the funds that are
required to construct this freeway are Federal funds, the State of
California has little control over when these funds will be re-
leased. He feels that the Council should put as much pressure as
possible on the State and hopefully, this project will be completed
at an early date. He is particularly concerned about it, as he is
contacted frequently, and since the State's plans change so often,
he is unable to tell people anything definite.
Councilman Whittemore stated that he has been told the
Federal Government has frozen about $350,000,000 which was ear-
marked for developing freeways and highways throughout this area,
and is the reason the construction is behind schedule.
Councilman Heisey stated that if he understood the State
representatives correctly, the Federal Government is holding up
these funds as part of its program for checking inflation, and is
not releasing any Federal funds for freeway construction purposes.
one of the routes as soon as possible,
and prevent the State from condemnin:g
Bakersfield, California, November 20, 1972 - Page 4
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1502 to 1631,
inclusiv~ in amount of $72,409.22.
(b) Claim for damages from Jack Hubbard,
4228 Earl Avenue (refer to City Attorney).
(c) Request from County of Kern To abandon
alley in Blocks 328 and 329, of the
City of Bakersfield(refer to Planning
Commission).
(d) Request from Stockdale Development
Corporation for annexation to the
City of Bakersfield of the west ~ of
Section 15, T. 30 S., R. 27 E., (refer
to the Planning Commission).
Upon a motion by Councilman Medders, Items (a), (b), (c)
and (d) of the Consent Calendar were adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Thomas, low bid of Moreland
& Sons for construction of Median Island Planters on New Stine
Road between Ming Avenue and Wilson Road and on Ming Avenue between
New Stine Road and Ashe Road, was accepted, all other bids were
rejected, and the Mayor was authorized to execute the contract.
Mayor Hart requested to direct a
letter to Department of Housing and
Urban Development regarding City
application for re-certification of
Workable Program.
Councilman Rees, Chairman of the Budget Reveiw and
Finance Committee, commented that in view of the most recent
requirements for a Workable Program set out by the Department of
Housing and Urban Development, it appeared to the Committee that
however sincere the City's attempt to have its application re-
certified for a Workable Program, it was just not likely to meet
HUD's qualifications, as stated by Mr. Dallas A. Martin, Program
189
Bakersfield, California, November 20, 1972 - Page 5
Manager. A letter has been prepared for the Mayor's signature, to
be sent to Mr. Martin pointing out what the City is doing along
these lipes and that it feels it is doing all that is possible in
the City's Workable Program to meet his requirements.
Councilman Rees moved that the Mayor be authorized to
direct the letter as prepared, to Mr. Martin, Program Manager for
HUD. This motion carried unanimously.
Adoption of Resolution No. 84-72 of
Application by the Council of the
City of Bakersfield proposing the
detachment of those portions of
recently annexed territory from the
North Bakersfield Recreation and
Park District.
Upon a motion by Councilman Whittemore, Resolution No.
84-72 of Application by the Council of the City of Bakersfield
proposing the detachment of those portions of recently annexed
territory from the North Bakersfield Recreation and Park District,
was adopted by the following vote:
Ayes:
Noes: None
Absent: None
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Hearings.
This is the time set for public hearing before the
Council for hearing protests by persons owning real property within
territory designated as "Kern River No. 2," proposed to be annexed
to the City of Bakersfield. This hearing has been duly advertised,
the property posted and notices sent to property owners as required
by law. No written protests or objections have been filed in the
City Clerk's office. Zoning upon annexation will be scheduled for
December 4, 1972.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
hearing was closed for Council deliberation and action. Upon a
motion by Councilman Medders, Resolution No. 79-72 of the Council
of the City of Bakersfield declaring that a majority protests has
190
Bakersfield, California, November 20, 1972 - Page 6
not been made to the annexation of
annexed to the City of Bakersfield,
vote:
Ayes:
Kern River No. 2 proposed to be
was adopted by the following
indebtedness of said City, was adopted by the
Ayes: Councilmen Bleecker, Heisey, Medders,
Thomas, Whittemore
Noes: None
Absent: None
This is the time set
Council for hearing objections
Bakersfield Separation of Grade District
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
hearing was closed for Council deliberation and action. Upon a
motion by Councilman Rucker, Resolution No. 80-72 annexing certain
territory designated as Kern River No. 2 to the Greater Bakersfield
Separation of Grade District was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
This is the time set for public hearing before the
Council for hearing protests by persons owning real property with-
in territory designated as "Kern River No. 3," proposed to be
annexed to the City of Bakersfield.
for public hearing before the
to include within the Greater
a portion of certain
territory designated as Kern River No. 2.
duly advertised. No written protests have
Clerk's office.
The hearing has been
been filed in the City
following vote:
Rees, Rucker,
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Upon a motion by Councilman Medders, Ordinance No. 2057
New Series approving annexation of a parcel of uninhabited territory
to the City of Bakersfield, California, designated as Kern River No.
2 and providing for the taxation of said territory to pay the bonded
191
Bakersfield, California, November 20, 1972 - Page 7
This hearing has been duly advertised, the property
posted and notices sent to property owners as required by law.
No written protests or objections have been filed in the City
Clerk's office. Zoning upon annexation will be scheduled for
December 4, 1972.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
hearing was closed for Council participation and action. Upon a
motion by Councilman Medders, Resolution No. 81-72 declaring that
a majority protest has not been made to the annexation of Kern
River No. 3 proposed to be annexed to the City of Bakersfield was
adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whit~emore
Noes: None
Absent: None
Upon a motion by Councilman Medders, Ordinance No. 2058
New Series approving annexation of a parcel of uninhabited terri-
tory to the City of Bakersfield, California, designated as Kern
River No. 3 and providing for the taxation of said territory to
pay the bonded indebtedness of said City, was adopted by the
following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whirremote
Noes: None
Absent: None
This is the time set for public hearing before the
Council for hearing objections to include within the Greater
Bakersfield Separation of Grade District a portion of certain
territory designated as Kern River No. 3. This hearing has been
duly advertised. No written protests have been filed in the City
Ckerk's office.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
hearing was closed for Council deliberation and action. Upon a
Bakersfield, California, November 20, 1972 - Page 8
motion by Councilman Bleecker, Resolution No. 82-72 annexing
certain territory designated as Kern River No. 3 to the Greater
Bakersfield Separation of Grade District, was adopted by the
following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
This is the time set for public hearing before the
Council for the purpose of hearing any person desiring to be
heard on the matter of the adoption by the City Council of the
Interim Open-Space Plan (to be in effect until June 30, 1973)
consisting of written goals and policies to guide preparation of
the Open-Space Element of the General Plan and statement setting
forth a program for adoption of the Element by June 30, 1973, has
been approved by the Planning Commission, after due notice and
public hearing.
Mrs. Joy Lane, Research Analyst for Project Land Use
Task Force, read a letter stating that on November 1, 1972, the
Task Force wrote a letter to the City Planning Commission en-
couraging the City to use the interim period from now until June,
1973 to develop special programs designed to meet the needs of
Metropolitan Bakersfield to make Bakersfield an attractive com-
munity that will encourage people to work, shop and live in
Bakersfield. The first step in preparing an Open Space Plan is
an inventory of those lands which should be kept in open space
use. The final Open Space Plan will require an Action Program
including zoning, which consists of specific programs by which
the City intends to implement its open space plan. Project Land
Use Task Force has a great interest in both the Metropolitan Area
Plan and the Action Program to implement it. They would welcome
an opportunity to work with the City in development of the pro-
posals
Area.
that are important to all residents of the Metropolitan
tion and action.
Mayor Hart closed the public hearing for Council delibera-
Councilman Rees stated that Mrs. Lane raises a
193
Bakersfield, California, November 20, 1972 Page 9
significant and important voice in the community, which he does
not always agree with, but which is a contribution to the community.
He feels that Mrs. Lane is highly informed, she is sincere, and is
a force to be reckoned with.
Upon a motion by Councilman Thomas, Resolution No. 83-72
of the Council of the City of Bakersfield adopting the Interim
Open-Space Plan of the Bakersfield Metropolitan Area, was adopted
by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Adjournment.
There being no further business to come before the
the meeting was
Council, upon a motion by Councilman Bleecker,
adjourned at 8:40 P.M.
MA~~~he ity o~f Bakersfield,
Calif.
ATTEST:
C~IT$CL~R~ ~'~d E~-bff~cio~Clerk of the
of the City of Bakersfield, California
Council
194
Bakersfield, California, November 27, 1972
Minutes of the regular meeting of
City of Bakersfield, California,
the City Hall at eight o'clock P.
The meeting was called
the Council of the
held in the Council Chambers of
M., November 27, 1972.
to order by Mayor Hart, followed
by the Pledge of Allegiance and Invocation
Heisey.
Present:
by Councilman Walter
The City Clerk called the roll as follows:
Mayor Hart. Councilman Bleecker, Heisey, Medders,
Rucker, Thomas, Whittemore
None
Rees,
Absent:
Minutes of the regular meeting of November 20, 1972 were
approved as presented.
Scheduled Public Statements.
Miss Terri Womack, Student Government Day Mayor,
the Council, stating that the Student Council at its meeting of
November 15, 1972, adopted two resolutions. One recommended the
formation of a non-voting student advisory board to the City
Council to be elected from the various high schools, which would
keep the Council informed of the students' opinions on local issues.
The second resolution endorsed the annexing of unincorporated
islands in the metropolitan area to the City of Bakersfield. She
thanked the Mayor, the Council, and City Department Heads for
making Student Government Day possible, stating that the students
enjoyed themselves and discovered that running a City isn't as
easy as some people may think.
Councilman Heisey commended the students and suggested
that they contact the State Legislators in Sacramento recommending
the annexation proposal, as many bills are introduced by the League
of California Cities to make it possible for cities to annex
islands and each year these bills die in committee.
Mayor Hart also urged students interested in City
activities to write to the State Legislators and suggested that
they pick up a Council agenda each week and attend Council and
committee meetings, and whenever possible, they will be asked to
participate. He commended the students on the enthusiasm demon-
strated during the annual City of Bakersfield Teen-Age Government
Day.
addressed
195
Bakersfield, California, November 27, 1972 - Page 2
Mrs. Marzetta Tankow, Safety Chairman for Colonel Nichols
PTA, asked the Council to install stop signs at the intersection of
Wenatchee and Renegade, and to lower the speed limit from 25 mph to
15 mph; and if neither is possible, to install stop signs on
Wenatchee for the protection of the children crossing streets to
attend Colonel Nichols School. The hazards on this street have
visibly increased, she has taken the matter up with the Traffic
Authority, but they seem to be more concerned with traffic flow
and accidents than with the safety of the children.
Councilman Bleecker suggested that the Traffic Authority
be requested to furnish the Council with a traffic flow count at
this intersection to see how busy it is, the number of accidents
that have occurred at this intersection, and any other information
which might help the Council make a determination on this particular
issue.
Mrs. Shelba Yeoman, .Presiden.t of Colonel Nichols PTA,
stated she officially represents the Executive Board of the PTA,
and unofficially represents every mother who has worried about a
small child crossing a busy street unattended. She has seen and
heard cars speeding on Wenatchee and has never witnessed a Police
Officer stop a car for speeding or cite a motorist. She asked that
the speed limit be lowered in order to protect the children.
Councilman Rees asked Mrs. Yeoman if this problem has
been presented to the PTA as a whole, and she stated that it was
presented last year, they are concerned about it, and she has the
authority of the Executive Board which represents about 35 people,
to address the Council on this issue.
Councilman Rees commented that the ladies present are
aware of a survey made by the Traffic Authority covering most of
the points mentioned by Councilman Bleecker, and it has concluded
stop signs were not warranted at this particular intersection. He
had observed the intersection in question for about twenty minutes
196
Bakersfield, California, November 27, 1972 Page 3
this morning and the children crossing the streets and motorists
were conducting themselves in an orderly, lawful and safe fashion,
he did not see anything which could be termed hazardous. He has
been told by Lieutenant Meek of the Police Department that he
would conduct a radar survey on this street to determine if the
speed limit was being exceeded, and Councilman Rees suggested that
the radar check be made, which he understands can be completed
within a week.
City Manager Bergen stated that the Traffic Authority
will make a survey at this intersection to determine if speed
limits are exceeded and submit a report to the Council within a
week or two containing specific recommendations for resolving the
problem.
Correspondence.
The City Clerk read a communication from Assemblyman
William M. Ketchum addressed to Mayor Hart, on the subject of
restoration of rail passenger service to the San Joaquin Valley,
and expressing appreciation for the Mayor's suggested plan to
coordinate passenger service, which he states will be given his
attention as he will be serving in a Federal capacity and AMTRAK
will be of concern to him.
The Finance Director submitted a Financial Statement to
the Council, containing a report of Certified Public Accountants
Elmer Fox & Company, in which it was stated that they have examined
the balance sheets of the funds of the City of Bakersfield and of
the Trust and Agency Funds within its custody at June 30, 1972,
and in their opinion, the accompanying financial statements present
fairly the financial position of the funds of the City of Bakers-
field and Trust and Agency Funds within its custody at June 30,
1972, and the results of operations and cash transactions for the
year then ended in conformity with generally accepted accounting
principles applied on a basis consistent with that of the preceding
year.
Bakersfield, California, November 27, 1972 - Page 4
197
(d) and
vote:
Ayes:
The
(a)
(b)
(c)
(d)
(e)
Upon
(e) of
Consent Calendar.
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 1632 to 1684,
inclusive, in amount of $32,503.60.
Claim of Weldon R. Langfield (referred
to City Attorney).
Grant of Easement from Frank Munis and
Adeline A. Munis.
Notice of Completion and Acceptance of
the Improvements for Tract No. 3413.
Notice of Completion and Acceptance of
the Improvements for Tract No. 3538.
a motion by Councilman Medders, Items (a), (b), (c),
the Consent Calendar were adopted by the following
Rees, Rucker,
Councilmen Bleecker, Heisey, Medders,
Thomas, Whittemore
Urner's
accepted,
low bid of Illig
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Medders, bid of
Chrysler-Plymouth for thirty-one 1973 automobiles was
and all other bids were rejected.
Upon a motion by Councilman Heisey,
Painting Company for painting Claraetors at Sewage Treatment Plant
No. 2 was accepted, all other bids were rejected, and the Mayor
was authorized to execute the contract.
Councilman Rees asked for a clarification of the bid
summary submitted for the Land Compaction Machine proposed to be
purchased by the City. Director of Public Works Bidwell stated
that the bid was under the budgeted amount. Councilman Rees then
moved that the bid of Wallace Machinery Company for the Landfill
Compaction Machine be accepted, and that the two alternate bids
received be rejected.
Councilman Bleecker asked if the bid specifications
could not have been written in such a way that they would be
acceptable to more bidders, as there seems to be only one company
who is willing to go along completely with the City's request for
maintenance, guaranteed repurchase price, etc.
198
Bakersfield, California, November 27, 1972 - Page 5
Mr. Bergen explained that about three years ago the
guaranteed repair cost agreement method of bidding was developed,
it is generally acceptable to other public entities, and is the
most economical way to request bids in order to save the City
money. He called on Mr. Don King of the Purchasing Division to
answer questions posed by the Council relative to the purchase of
the Landfill Compaction Machine. Public Works Director Bidwell
pointed out that this machine will replace existing equipment, is
much more efficient than the old machine
type of operation, plus the advantage to
maintenance cost.
Vote taken on Councilman Rees' motion to award the bid
to Wallace Machinery Company carried unanimously.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 5.38 of the Munici-
pal Code providing that the benefits
of the Firemen's Pension System are
not subject to execution, garnishment
or attachment.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Chapter 5.38 of the
Municipal Code providing that the benefits of the Firemen's
Pension System are not subject to execution, garnishment, or
attachment.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 11.04.781 (Speed
Limit on Wilson Road) of the Munici-
pal Code of the City of Bakersfield.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 11.04.781
(Speed Limit on Wilson Road) of the Municipal Code of the City of
Bakersfield.
and is built for this
the City of the guaranteed
Bakersfield, California, November 27, 1972 - Page 6
199
Adoption of Resolution of Intention
No. 883 of the Council of the City
of Bakersfield, California, declar-
ing its intention to order the
abandonment of Flowage Easements in
SE~ of Sec. 33, T. 29 S., R. 27 E.,
in the City of Bakersfield.
Upon a motion by Councilman Rucker, Resolution of Inten-
tion No. 883 of the Council of the City of Bakersfield, California,
declaring its intention to order the abandonment of Flowage Easements
in SE~ of Sec. 33, T. 29 S., R. 27 E., in the City of Bakersfield,
and setting December 18, 1972 for hearing on the matter before the
Council, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Adjournment.
There being no further business
Council,
adjourned at 8:45 P.
upon a motion by
to come before the
Councilman Heisey, the meeting was
Y of th~t~t
MA :y of Bakersfield, Calif.
ATTEST:
CLERK and f o Clerk of the Council
of the City of Bakersfield, California
Bakersfield, California, December 4, 1972
Minutes of
City of Bakersfield, California,
the City Hall at eight o'clock P.
The meeting was called
the regular meeting of the Council of the
held in the Council Chambers of
M., December 4, 1972.
to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend William
E. East of the Kern County Southern Baptist Association.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Bleecker, Heisey, Medders,
Absent: None
Rees, Rucke~ Thomas, Whittemore
Minutes of the regular meeting of November 27, 1972
were approved as presented.
Scheduled Public Statements.
Mrs. Ann Monroe, 236 Stine Road, addressed the Council,
stating that she has been trying since September 19, 1972, to
obtain answers to eight questions regarding certain expenditures
by the City. The manner in which the Finance Department has
handled the user-pay garbage billing is illustrative of the com-
plete incompetence in City government. The budget has doubled in
five years, City administrators are being paid fantastic salaries,
some of them are going to school at the taxpayer's expense to in-
crease their salaries, and no one knows whether they are doing a
good job or a poor one.
She stated that the City Manager's letter dated Novem-
ber 30, 1972, does not answer her questions regarding which indi-
viduals spent the money for the expenditures listed in her ques-
tionnaire to the Council. A deliberate attempt has been made to
deceive and keep information from the taxpayers who suffer from
the high taxes levied on them by the City Council. Taxpayers are
being swindled and not getting their money's worth from government,
and the Council is presiding over the swindle. Burning trash is
prohibited, weeds must be removed from vacant lots and if that is
not done, it is added to the taxes. She stated she wants an in-
vestigation made into City government to see where taxes can be
cut, and asked that the City Manager be directed to answer her
questions.
Bakersfield, California, December 4, 1972 - Page 2
20 t
Councilman Bleecker remarked to Mrs. Monroe that her
tirade this evening is uncalled for. He doesn't think it is the
intention of any member of the Council or any member of the staff
to swindle the public, and he resents her use of this term, and
the picayunish criticism that has been made from time to time on
certain areas of expenditures. He pointed out that the Council
has not raised the ad valorem taxes for many years, a very small
part of the taxes levied on a property owner's tax bill goes for
City government, about 20%, and the balance is used for schools,
welfare and County government, 80% of the taxes are levied by some
other agency, not by the City.
Councilman Bleecker went on to say that in his opinion
the Council and the staff perform an outstanding job. He does not
mind legitimate criticism with some constructive alternatives, but
if Mrs. Monroe would like to start some sort of movement whereby
City services would be cut, that can be done, but the desire has
to be there for the present services to be cut before the City can
lower its budget.
Councilman Whittemore stated that any concerned citizen
is always welcome to appear before the Council and be heard, he
has listened to Mrs. Monroe on numerous occasions. He took excep-
tion to her statement that the staff is incompetent, because the
Council does not feel this is true. The City Manager is paid a
salary in line with that paid by other cities in the State of
California, there are many other cities which would welcome the
chance to hire Bakersfield's City Manager, and the Council is for-
tunate to be able to keep him here, because he does an outstanding
job.
Councilman Whittemore proceeded to explain the expendi-
tures listed in Mrs. Monroe's questionnaire letter to both the
Finance Director and the City Manager, and justified the expenses
as approved by the City's Finance Committee. He stated that the
City's budget has increased over a period of ten years which can
only be expected due to the rise in costs for everything. The
amount of time the City Manager and the staff have spent writing
Bakersfield, California, December 4, 1972 - Page 3
letters of explanation to Mrs. Monroe has cost the taxpayers a
great deal of money. If every taxpayer in the City demanded
letter after letter, it would certainly tie up government.
Councilman Rucker remarked it seemed to him from reading
copies of letters given to the Council, that the City Manager and
the Assistant Finance Director have endeavored to answer her
questions adequately.
Mrs. Monroe commented that the Council is acting the
same as the staff, not answering her questions to her satisfaction,
she wants specific names and detailed explanations.
Councilman Heisey stated that he thinks everyone on the
Council supports the staff without any reservations, the Council
is fortunate to have an outstanding City Manager and an outstanding
staff. Every citizen is entitled to answers to questions, but the
Council cannot guarantee they are going to like the answers they
receive, and obviously, Mrs. Monroe does not like the answers she
has received.
Mrs. Monroe stated that the City Council had told her
group in September that action would be deferred for two weeks on
a proposed increase in salaries for certain department heads, but
this was not done, they were acted upon at the next meeting; there-
fore, this constituted a lie to the taxpayers. Councilman Thomas
responded that he had checked the tape of the September meeting
in question in the City Clerk's office, but no mention appeared on
the tape that any two weeks' delay was considered. Councilman
Whittemore told Mrs. Monroe that if she had any questions regarding
the operation of the City, he is always available and for her to
feel free to call him at home, as he will be happy to answer any
questions that he can.
Upon a motion by Councilman Medders, resignation of Mr.
Johnny Wiley as a member of the Fire Department Civil Service
Board due to demands on his time by his present position, was
accepted, and a letter of appreciation for his distinguished
record of community service was ordered sent to him.
Bakersfield, California, December 4, 1972 - Page 4
2O3
Councilman Medders nominated Mr. Howard Lake to fill
the vacancy on the Fire Department Civil Service Board created
by the resignation of Mr. Wiley. Councilman Rucker asked that
this appointment be deferred as he would like to consider other
nominees for this vacancy. Councilman Whittemore then moved that
the matter be deferred for two weeks.
opposition to the substitute motion as
the essence, and Mr. Lake is qualified
Councilman Heisey spoke in
in his opinion time is of
to fill the vacancy.
Councilman Bleecker agreed, stating he would oppose the motion to
hold the matter over for two weeks. Councilman Rees stated that
he would rather not be placed in the position of voting on the
nomination tonight, and would support the motion to delay the
matter for two weeks. Vote taken on the substitute motion carried
as follows:
Ayes: Councilmen Rees, Rucker, Thomas, Whittemore
Noes: Councilmen Bleecker, Heisey, Medders
Absent: None
Councilman Bleecker commented that he understands the
term of Mr. Robert Lumis as a member of the Police Department
Civil Service Board will expire on December 31, 1972, and nomi-
nated Mr. Robert Lumis for reappointment as a member of the Police
Department Civil Service Board.
men Rees and Whittemore voting
Mr. Robert Lumis was
This motion carried with Council-
in the negative.
therefore reappointed as a member
of the Police Civil Service Board for a six year term expiring
December 31, 1978.
Councilman Heisey nominated Building Director Justus
Olsson for reappointment as a member of the Board of Zoning Adjust-
ment for a three year term expiring December 1, 1975, and Mr. Phil
White, Senior Building Inspector to serve as alternate. This
motion carried by the following roll call vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Noes: None
Absent: None
Thomas,
Whittemore
204
Bakersfield, California, December 4, 1972 - Page 5
Upon a motion by Councilman Rees, Mr. Dale Hawley,
Deputy Director of Public Works, was appointed to the Board of
Zoning Adjustment to serve as alternate to Director of Public
Works Bidwell, and Mr. Charles Leach, Assistant City Attorney,
was appointed as alternate to Mr. Kenneth Hoagland, City Attor-
ney, to serve in his absence, terms to be concurrent with the
principals.
Mayor Hart stated that traditionally the downtown
Christmas tree lights on Truxtun Avenue were turned on at the
conclusion of the Christmas Parade, but inasmuch as the parade
did not materialize this year, he suggested that the lights go
on simultaneously with the planting of a Freedom Tree dedicated
to LCDR James Mills US~by his parents, who has been missing in
action since September 21, 1966, and the unveiling of a plaque
honoring all POWS and MIAS. The ceremonies will be held under
the auspices of VIVA (Voices in Vital America) on December 6,
1972, at Bakersfield High School, beginning at 9:50 a.m.
Councilman Heisey moved that this be designated as
the official time for turning on the downtown Christmas tree
lights. This motion carried unanimously.
Reports.
Councilman Bleecker, Chairman of the Business Develop-
ment and Parking Committee, stated that this Committee has
recently received a request from local merchants within the
area of the parking mall to delay the reopening of 17th Street
between Chester Avenue and "H" Street and Eye Street between
17th and 18th Streets to two-way traffic until the Bank of America
building complex is completed. The Committee has reviewed this
request with the staff and recommends approval of the merchants'
request as an interim measure. Adoption of a proposed ordinance
will accomplish this objective. When actual traffic demands do
necessitate the deletion of these streets from the parking mall,
the Business Development and Parking Committee will recommend
appropriate Council action.
Bakersfield, California, December 4, 1972 - Page 6
205
Upon a motion by Councilman Bleecker, the report was
adopted and the ordinance was considered given first reading.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1685 to 1738,
inclusive, in amount of $25,035.02
(b) Plans and Specifications for two lighted
tennis courts located at Siemon Park
(Approve and advertise for bids)
(c) Acceptance of Work and Notice of Completion
for Contract No. 76-72 for Construction of
R.C.P. Culvert at Stine Canal and New Stine
Road
(d) Street right of way Deeds from Del Pine
Development Company; James, Alfred & Jack
Saba, and Gerald B. Clifford and others
(e) Application for Encroachment Permit from
Del Pine Development Company
(f) Application for Encroachment Permit from
San Joaquin Community Hospital, 2628 Eye Street
(g) Corporation Grant Deed from Atlantic
Richfield Company
Councilman Heisey pointed out that the Council will be
approving more than $27,000 worth of expenditures tonight and he
wanted to impress on the public that none of these vouchers is
secret, a three member Committee of the Council reviews each of
these vouchers which have been previously reviewed by the staff.
Any citizen may feel free to come to the Finance Department and
review the list of vouchers at any time.
Councilman Medders moved adoption of Items (a), (b),
(c), (d), (e), (f) and (g) on the Consent Calendar. This motion
carried by the following roll call vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Councilman Bleecker commented that there is a well-
defined process for approving City expenditures, particularly
budgeted items, and the general public should know that all bills
of the City are reviewed meticulously by the Voucher Approval
Committee of the Council. Very often certain items are questioned
206
Bakersfield, California, December 4, 1972 - Page 7
are audited by an
once a year.
by the Committee and must be thoroughly explained by the staff
before the Committee recommends to the Council that the vouchers
be approved for payment. In addition, all financial transactions
independent firm of certified public accountants,
Ayes:
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Thomas, low bid of Special-
ized Spray Service to clean 132 lots for the amount of $6,125,
under the 1972 Phase II Weed Abatement program, was accepted, all
other bids were rejected, and the Mayor was authorized to execute
the contract.
Deferred Business.
Upon a motion by Councilman Whittemore, Ordinance No.
2059 New Series of the City of Bakersfield amending Chapter 5.38
of the Municipal Code providing that the benefits of the Firemen's
Pension System are not subject to execution, garnishment or attach-.
ment, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Upon a motion by Councilman Thomas, Ordinance No. 2060
New Series of the Council of the City of Bakersfield amending sec-
tion 11.04.781 (Speed Limit on Wilson Road) of the Municipal Code
of the City of Bakersfield, was adopted by the following vote:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whirremote
Adoption of Resolution No. 85-72 of
the Council of the City of Bakersfield
determining whether Route 58 Freeway
will sever nonmotorized routes.
Upon a motion by Councilman Rucker, Resolution No.
85-72 of the Council of the City of Bakersfield determining
whether Route 58 Freeway will sever nonmotorized routes, was
adopted by the following vote:
Bakersfield, California, December 4, 1972 - Page 8
2O7
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Approval of Agreement with Kern Cog
for preparation by Kern Cog with the
assistance of the Planning Staff of
Conservation and Open-Space Plans
and Draft of Open-Space Zoning Ordi-
nance for the City of Bakersfield.
State law requires that cities adopt conservation and
open-space elements of the General Plan and Open-Space Zoning
Ordinance on or before June 30, 1973. Assistance by Kern Cog,
under this agreement, is the most economic and expeditious way to
accomplish the work. Payment by the City may be in services,
materials or cash and does not exceed $3,200. 701 Funds provide
two-thirds of the cost.
Planning Director Sceales explained that since the City
of Bakersfield is over 50,000 population, it is not eligible for
701 Funds which are Federal Funds administered by the State. How-
ever, if they work together with Kern Cog in an area wide plan, the
funds will be provided and will cover the area outside the City of
Bakersfield.
Councilman Whittemore commented that as the Council's
representative to Kern Cog, he can say that he will soon be making
monthly progress reports to the Council. The Kern Council of
Governments was formed in self-defense to preclude the State of
California being compelled by the Federal Government to step in
and form another regional committee which would have included an
area as far north as Merced and over which this area would have
208
Bakersfield, California, December 4, 1972 - Page 9
no control. Using the Planning Department and Public Works Depart-
ment to perform some of the requirements is considered in-kind
services and saves the taxpayers money.
Upon a motion by Councilman Whittemore, Agreement between
the City of Bakersfield and Kern Cog was approved and the Mayor was
authorized to execute the Contract.
Approval of Cooperative Agreement
between the City and the County of
Kern for the construction of Belle
Terrace between Stine Road and New
Stine Road.
Upon a motion by Councilman Rucker, Cooperative Agreemenf
between the City and the County of Kern for the construction of
Belle Terrace between Stine Road and New Stine Road was approved,
and the Mayor was authorized to execute same.
Reception of Certification of Election
from County Clerk of results of City
of Bakersfield Low Rent Housing Measure
A consolidated with General Election of
November 7, 1972.
A Certification of Election from the County Clerk of the
Results of City of Bakersfield Low Rent Housing Measure A con-
solidated with General Election of November 7, 1972, certified as
follows:
Total Registered Voters 45,939
Total Votes Cast 32,378
Number of "YES" Votes Cast 14,745
Number of "NO" Votes Cast 14,435
Therefore, Measure "A" is declared to have carried.
Upon a motion by Councilman Rucker, the Certificate of
Election was received and ordered placed on file.
Hearings.
This is the time set for continued hearing before the
Council on Resolution of Intention No. 878 of the Council of the
City of Bakersfield, California, declaring its intention to order
the vacation of a portion of "K" Street between Truxtun Avenue
and 17th Street, in the City of Bakersfield. At meeting of
Bakersfield, California, December 4, 1972 - Page 10
209
October 2, 1972, the public hearing was closed and further action
deferred until placed back on the agenda by the staff.
No protests or objections having been received, upon a
motion by Councilman Bleecker, Resolution No. 86-72 of the Council
of the City of Bakersfield ordering the vacation of a portion of
"K" Street between Truxtun Avenue and 17th Street, in the City of
Bakersfield, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
None
None
This is
Noes:
Absent:
the time set for public
882 of the
on Resolution of Intention No.
Bakersfield,
portion of Westbrook Drive in the City of
petty has been duly posted and no written
in the City Clerk's office.
hearing before the Council
Council of the City of
declaring its intention to order the vacation of a
Bakersfield. This pro-
protests have been filed
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action. Upon a motion by Councilman Thomas, Resolution No. 87-72
ordering the vacation of Westbrook Drive in the City of Bakersfield,
was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
This is the time set for public hearing before the Council
of the City of Bakersfield to Zone Upon Annexation to an R-1 (Single
Family Dwelling) or more restrictive, Zone, an R-S (Residential
Suburban), or more restrictive, Zone, and an R-2-D (Limited Multiple
Family Dwelling - Architectural Design), or more restrictive, Zone,
Bakersfield, California, December 4, 1972 - Page 11
of those certain properties in the County of Kern located northerly
of Stockdale Highway, northerly and westerly of Park Stockdale
Estates and bounded on the west and north sides by the existing
City Limits, and known as Kern River No. 2 Annexation. This
hearing has been duly advertised, the property posted and notices
sent as required by law.
In the absence o£ Mayor Hart who had asked to be excused
from the meeting, Vice-Mayor Whittemore opened the hearing for
public participation inviting those persons who were in opposition
to the proposed zoning upon annexation to address the Council.
Dr. Robert Garner, who stated he was representing himsell!
and 150 residents of Park Stockdale Estates, filed a petition con-
taining 115 addresses and 152 signatures with the City Clerk. The
petition stated that the undersigned property owners in Park Stock-
dale Estates do hereby protest the zoning of Kern River #2 and
Kern River #3 upon annexation to any zone other than R-1 (Single
Family Dwelling), or more restrictive, Zone, and petition the City
Council of the City of Bakersfield to require Stockdale Development
Corporation to provide additional access to said tract by a road
intersecting California Avenue, on the grounds that the present
plans and design are inherently dangerous to human life in pro-
viding access only from and into said tracts along and upon Stock-
dale Highway.
Dr. Garner stated
Commission level, the residents from Stockdale Estates and Park
Stockdale who spoke in opposition to the zoning were not given the
consideration that the representative from Stockdale Development
Corporation was accorded, that their opposition seemed to be dis-
regarded entirely. He displayed a promotional brochure acquired
at the time he purchased the lot for his residence in Stockdale
Estates nine years ago, which in his opinion, guarantees that the
property north of Stockdale Highway would be developed similar to
Stockdale Estates, with rigid building restrictions to protect the
homeowner's investments. He expressed his and his neighbors
objections to the increased traffic which would be generated by
that at the hearing held on the Planning
Bakersfield, California, December 4, 1972 - Page 12
this project and by the participation of the students of Cal State
College. Also, they are objecting to the R-2-D and R-3-D zoning
which would permit the construction of approximately 300 apartment
units, and the R-S zoning which would permit the keeping of live-
stock and horses, thus creating a nuisance of flies, dirt and odor..
Mr. Marvin Stanton, a member of the Bakersfield Apartment
Owners Association, stated he lives in an apartment in the neighbor-
hood but did not sign the petition presented by Dr. Garner. However,
he wished to call the Council's attention to the fact that this
area already shows a 20% apartment vacancy rate, and the construction
of an additional 300 units would only add to this rate. They are
loaded with traffic out that way, he feels that a real solution to
the problem would be the addition of a secondary road, and the
Council should give this serious consideration.
Mr. Tom Underhill, a local attorney and a resident in the
Stockdale Estates development, protested the proposed plan, stating
that most of the property owners in the area purchased on the basis
of Stockdale Development Corporation's representation, either in
writing or through the committee
Estates to govern construction.
northerly part of the area would
that was formed in Stockdale
No mention was ever made that the
include apartments. He, personally,
would never have purchased his property if he had had the slightest
inkling that Stockdale Development Corporation planned to develop
that northerly tract any differently than they developed Stockdale
Estates and Park Stockdale.
He stated that the apartments are being constructed on a
promotional basis, they are merely a tax shelter, the property will
not be kept up and will become unsightly. They are opposed to the
apartments. They are opposed to the residential-suburban zone
because of the horses which would result in flies, gnats and odor
and would have an impact on the environment. The Planning Com-
mission made its recommendation on the basis that there was no
environmental impact involved in this particular development. The
property owners intend to pursue that further because they believe
Bakersfield, California, December 4, 1972 - Page 13
the existence of the animals that are proposed, and the odor, flies
and gnats are a subject which the Planning Director should have gone
into specifically and based his report on a consideration of those
facts. They believe their objections are pertinent, that the com-
munity around Stockdale County Club should be maintained as it is
and as it was planned.
Mr. Leslie Chambers was recognized at this time.
Mr. John Kelly, resident of Stockdale Estates, stated
that he is vitally interested in this matter~ and supports the
points brought out and covered by Dr. Garner and Mr. Underhill.
The residents in the area have voiced an unanimous objection to
the plans of the Stockdale Development Corporation. With the
increased traffic to the College and the increased traffic to
Interstate 5 Highway, there has been a tremendous impact of traffic
in the area and these factors should be considered when multiple
zoning development is proposed for the area.
Mr. Chuck Tolltee, Stockdale Development Corporation
spokesman, stated this is the seventh hearing held on this project,
the Planning Commission has twice approved the zoning which they
have requested for the zoning upon annexation. This project, which
has been named Quailwood, will have a park, two elementary school
sites, a junior high school site and a shopping center location.
The density as proposed was as recommended on their General Plan~
and studies by traffic engineers have taken the generation of
traffic into consideration. They have been criticized because of
the lack of sufficient access to Stockdale Highway. Traffic
engineers agree that high traffic flow patterns produce safer
driving conditions, and one way to have the higher volume of traffic
with safety is to limit access to the major streets. They are
attempting to do this by the use of frontage roads, walls, and
restricting the number of curb openings.
He touched on the general plan for the R-S suburban,
stating that a proposed river crossing west of the college site
at Calloway Road which will relieve traffic on Stockdale Highway,
is still in their planning.
Bakersfield, California, December 4, 1972 - Page 14
Quailwood happens to be within the zone of influence of
the State College area, there are deed restrictions on this pro-
perty which give the Board of Trustees of the State College System
the right to review any proposed development in the area. Also,
it provides that any non single residential structures which are
built must be approved by a State College Architectural Control
Board. The State College has reviewed the plan they are proposing
and has stated publicly that this proposed zoning lives up to the
intentions of the General Plan. These properties will be zoned
with a D Overlay which means fhat the City Planning staff and the
Planning Commission have control over the design.
Councilman Bleecker asked if the Council was actually
considering Hearings Nos. 3, 4 and 5 on the Agenda. Mr. Sceales
stated they have been discussing all
the agenda.
Ten minutes were permitted the opponents
during which time the Council heard from Mrs. Carl
stated the residents appreciate having the college
three proposed rezonings on
for rebuttal,
Elkins, who
in the area,
but they do not think the College should dictate how it should be
developed. They are only interested in Stockdale Development
Corporation being required to develop as they stated they would
when the residents bought their lots. They do not think they are
misconstruing what was written in the promotional brochure which
was issued at the time they purchased the property, and are asking
that R-1 zoning be retained across from them and that an access
road be built in the rear of the tract.
Dr. Garner and Mr. Underhill reiterated their previous
arguments. They stressed the density of traffic stating that it
would impair the safety of the school children who ride the buses
in that area.
Mr. Tolltee commented on the objection regarding density,
stating that Stockdale Development Corporation expects to construct
approximately 392 single family residential units, approximafely
524 four-plexes in the R-2 Zone, a total of 678 units in the R-3
zone and 43 acre lots in the R-S zone. They have dropped the R-3
Bakersfield, California, December 4, 1972 - Page 15
zoning to an R-2 in one area, so that would reduce it by about 40
dwelling units, or a total number of dwelling units would be
approximately 1600. He stated that Stockdale Estates and Quail-
wood are compatible, that they are capable of existing together
in harmony.
The plan was developed over an extended period of time,
the first plan was submitted to the Planning Commission for its
review, Stockdale Development Corporation's staff has reviewed it,
it has been submitted to the State College for their review, and
they feel that their plan is a very good one for the area.
Vice-Mayor Whittemore closed the public hearing for
Council deliberation and action. Councilman Rees commented that
the Counc~l's decision should not be influenced by the size of the
corporation or the size of the audience, but rather on the particu-
lar merits of the plan presented.
Councilman Heisey asked Planning Director Sceales for
his opinion, as a professional planner, of' this project.
Mr. Sceales stated that the staff has worked with Stock-
dale Development Corporation for quite some time on the overall
development plan for the whole area and they feel that the plan is
a reasonable one. He pointed out that the Council is not approving
any subdivision plans tonight, it is only approving zoning. A
tentative map must be submitted to the Planning Commission for
approval, and it will eventually come to the Council for final
approval.
After additional Council discussion and explanation by
the Planning Director and the Public Works Director, Councilman
Medders stated that he would like to delay action on the rezonings
for further study, as there has been a great deal of information
given to the Council tonight and it is difficult to make a decision
at this time. He then moved that these three hearings be held over
until December 18, 1972 for further study by the Council.
City Attorney Hoagland called the attention of the Council
to the fact that a hearing was held tonight on Items 3, 4 and 5 on
Bakersfield, California, December 4, 1972 - Page 16
the agenda, that the comments from the audience and the Council
actually covered all three hearings. For technical reasons, hearings
should be continued on all three items.
Vice-Mayor Whittemore then announced that the motion
would be to continue the hearings on Item 3 - to Zone Upon Annexa-
tion those certain properties in the County of Kern located northerly
of Stockdale Highway, northerly and westerly of Park Stockdale
Estates and bounded on the west and north sides by the existing
City Limits, and known as Kern River No. 2 Annexation; Item 4 -
To Zone Upon Annexation those certain properties in the County of
Kern located northerly of Stockdale Highway, between Arvin-Edison
Canal on the west and the existing City boundary on the east, and
known as Kern River No. 3 Annexation; and Item 5 - To amend the
zoning boundaries of that certain property located northerly of
Stockdale Highway in the vicinity of E1 Rio Drive. He stated that
the public portion of all of these hearings were considered closed
for Council deliberation and action.
Roll call vote taken on Councilman Medders' motion to
defer action until December as follows:
Ayes: Rees, Rucker,
18, 1972, carried
Councilmen Bleecker, Heisey, Medders,
Thomas, Whittemore
Noes: None
Absent: None
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Bleecker, the meeting was
adjourned at 11:10 P.M.
MAYOR ~ity of Bakersfield,
Calif.
ATTEST:
and E~-Offi~io Clerk of the Council
of the City of Bakersfield, California
Bakersfield, California, December ll, 1972
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 11, 1972.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend John
W. Ellison of St. Paul's Episcopal Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees,
Rucker, Thomas, Whittemore
Absent: None
Minutes of the regular meeting of December 4, 1972,
were approved as presented.
Scheduled Public Statements.
Mr John L. Bowers, Sr., Director of the Kern County
Economic Opportunity Corporation Cummunity Action Center #2,
the Reverend Stacy Adams, and Mr. Len Edwards, addressed the
Council regarding a Community Improvement Association Clean-Up
Drive, stating that they are requesting the following from the
City Council:
1. Transportation - Either City trucks or other
equipment for hauling trash and junk to dump
2. Jail trustees to assist in loading and unloading
of trash and junk from roadside and at dump
3. Possible County-City Combined drive in the City
areas that border on County areas that would be
involved in the drive.
4. Enforcement of Ordinances to prevent this being a
continual problem on vacant lots. Other Ordinances
that relate to keeping a community clean.
Councilman Rucker commented that this same request
was brought to the Council several weeks ago by Councilman Medders
and referred to the Public Works Director for study and report
back to the Council. He then moved that the request of the KCEOC,
as presented to the Council this evening, be granted.
Director of Public Works Bidwell read a report which he
prepared in response to Councilman Medders previous request,
stating that it has been requested that the City provide the
employees and equipment to pick up discarded items in the southeast
Bakersfield, California, December 11, 1972 - Page 2
217
area and transport them to the City Sanitary Landfill. In order
to participate in this program on a formal basis, it would be
necessary to divide the City into areas and notify the residents
within each area of the dates for collecting the discarded items.
The City could then send a crew down each alley or along the street
and collect all obvious discards, except brush. It would be necessary
for the property owner to make arrangements by telephone for the
collection of the discarded items on private property, and to be
home when this is done.
For an active clean-up program, it would be necessary
to appropriate funds to hire temporary personnel and rent at least
one skip loader or use our present employees and equipment on
Saturdays. It would require 4 to 6 weeks or 10 to 12 Saturdays
to cover the entire City. The estimated cost is $5,000 to $6,000.
The length of time and actual cost will depend upon the effect-
iveness of the campaign to clean up the City. This type of program
should be instituted after the annual program of leaf collection
is completed, about February l, 1973. If there is sufficient
community support of this program, the City could consider an
appropriation of funds for an annual spring clean-up for the City.
Mr. Bergen commented that the City has periodically
assisted in clean-up campaigns in a particular area, however if a
systemized clean-up program is to be instituted throughout the
entire City twice a year, it will involve budgeting funds for
this purpose.
Councilman Rucker stated that
drive would be conducted the same as it
all discarded items and trash dumped by
he was assuming that this
had been in the past, win
residents on specified
collection points and the City would use its equipment to convey
the material and junk to the landfill, without additional expense
to the City.
Mr. Bergen stated that presently the City is staffed to
use its crews to pick up trash on a routine basis, and this request
from KCEOC can be crowded into the present schedule without
Bakersfield, California, December 11, 1972 - Page 3
necessitating the payment of a great deal of overtime for City
crews. In his opinion it would be perfectly appropriate for the
Council to direct Mr. Bidwell to meet with the representatives of
KCEOC and provide assistance as was done for the last clean-up.
Councilman Heisey commented that to assist any area
that is willing to get out and pick up trash and junk and pile it
up somewhere for collection by the City,
he certainly does not think any proposal
of this type is feasible.
Councilman Rees stated that
improper to recognize that there is a
is a fine program, but
for a continuing program
he doesn't think it is
particular need in a part-
icular area and sometimes it is necessary to stretch a point to
meet that meed.
Councilman Bleecker commented on KCEOC's request to
enforce the ordinances in order to prevent this being a continual
problem on vacant lots and asked the City Attorney what provisions
there are in the Municipal Code to prevent this. Mr. Hoagland
stated that it is illegal to dump refuse on vacant lots or city
streets; however, the problem of enforcement is one of catching
the offender in the act. Generally speaking, it is the owner's
responsibility to keep his property clean even though the littering
has been done by others.
Councilman Bleecker then moved that Councilman Rucker's
motion be amended to adopt a minute order to enforce regulations
requiring owners to clean up their own property and keep it free
from trash and refuse.
Councilman Medders commented that if one section of the
City needs it, that all areas of the City should receive the same
treatment.
Councilman Whittemore stated there have been many groups
who have launched programs to clean up the City, have sponsored
beautification programs for the City. He serves on KerCog as a
representative of the City of Bakersfield and last Tuesday night
he voted against a million dollar budget for KCEOC, which was
approved. He feels that some of these funds should be channeled
Bakers£ield, California, December ll, 1972 - Page 4
to areas where employment could be provided to the people and
that the equipment operated by KCEOC purchased by taxpayer's money
should be used to help clean up this neighborhood.
Mr. Edwards stated that this drive is not a ~unction of
KCEOC' but is a function of several groups that are working to-
gether under an advisory organization of KCEOC to accomplish some-
thing for the individual neighborhoods in the area. There are no
funds available from KCEOC for this clean-up campaign. This is
totally a neighborhood community effort.
Councilman Rees stated that he would support Mr. Rucker's
motion and Mr. Bleecker's amendment to the motion.
After some additional Council comment, vote taken on
the motion carried, with Councilmen Medders and Whittemore voting
in the negative.
Mrs. Marvetta Pankow,Saf~ey Chairman £or Colonel Nichols
PTA, appeared before the Council for the second time, stating they
wanted to advise the Council that the signs painted on the street
at the intersection of Renegade and Wenatchee should be moved
further back on the south side of the street and also that there
are no yellow crosswalk signs at the intersection of University and
Boise, which is within 1400 feet of the school. Since it is not
legally possible to lower the speed limit at the intersection of
Renegade and Wenatchee, they would like to have more enforcement
by the Police Department to reduce the traffic hazards. She asked
several questions regarding stop signs, signal lights and crossing
guards, which were answered by City Manager Bergen and Director
of Public Works Bidwell. Councilman Rees stated that he had been
told by Lieutenant Meek o£ the Traffic Authority, that this inter-
section does not meet the critera for a crossing guard, and made
available to Mrs. Pankow a report from the traffic division regard-
ing the request for a stop sign at the intersection at Renegade
Avenue and Wenatchee Street and the results o£ radar speed surveys
for this area.
Mayor Hart remarked that the report from the Traffic
Division should answer Mrs. Pankow's questions. The Council is
Bakersfield, California, December 11, 1972 - Page 5
concerned with the safety of the dhildren, that something must be
done to protect the lives of the children, and it will be done
within the Council's realm of responsibility and authority. He
offered to accompany Mrs. Pankow to discuss the matter with the
principal of Colonel Nichols School to see iS something can be
worked out to alleviate the fears of the parents for the safety
of their children.
Mrs. Glenn Yeoman, president of the Colonel Nichols PTA,
thanked the City Council and the Police Department for their quick
response to the request to investigate the problem at the inter-
section of Renegade and Wenatchee. The PTA representatives are in
the process of forming a committee to explore traffic safety
procedures and have asked Councilman Rees, the Road Commissioner,
and representatives of the Police and Public Works Departments to
serve on this Committee.
Councilman Rees stated that he would be happy to do so
and will attempt to include such representatives of the City as
may be available and desirable to serve on the committee and to
answer questions of the PTA.
Council Statements.
Councilman Heisey reported that as the Council's represent-
ative on the Urban Advisory Committee for the Kern County Water Agency,
he was elected to serve on the five member committee to select the
engineering firms for the construction of the Cross Valley Canal.
Three or four days were spent interviewing firms and the firms of
Bookman and Edmondson Engineering, Leeds, Hill and Jewett, Boyle
Engineering and Tom Stetson, formed a consortium which was awarded
the contract for the primary design of the Cross Valley Canal. A
contract was also awarded to Rickett, Reeves and Ward for a survey
of the soil services. He is satisfied they will receive fine en-
gineering services from these firms and feel they received a bid
which was commensurate with the work to be done. This does not
include the treatment plant or the spreading grounds, it is strictly
the cross-valley canal. The engineering firm for any work in the
later ~tages will be recommended by the Advisory Committee, rather
than by Joint Committee~ because all of that work will be paid for
Bakersfield, California, December 11, 1972 - Page 6
primarily by the Urban area.
Reports.
Upon a motion by Councilman Thomas,
Meek of the Traffic Division, regarding traffic count
for stop sign at Renegade Avenue and Wenatchee Street,
and ordered placed on file.
The following
(a)
report of Lieutenant
and request
was received
Consent Calendar.
(b)
(c)
items were listed on the Consent Calendar:
Allowance of Claims Nos. 1739 to 1817,
inclusive, in amount of $63,819.41
Request for leave of absence without pay
for Augustine A. Rosales, Poundman at
Municipal Pound
Request for 90 day leave of absence without
pay for George Stiles, Waste Water Treatment
Plant Operator II
Upon a motion by Councilman Medders, Items (a), (b) and
(c)
Ayes:
Noes:
Absent:
of the Consent Calendar,
Councilmen Bleecker,
Whittemore
None
None
were adopted by the following vote:
Heisey, Medders, Rees, Rucker, Thomas,
in the San Joaquin Valley It
would hate to have it restored
train.
would be nice to have it, but he
and still no passengers riding the
Report of Legislative Committee.
Councilman Rees, chairman of the Legislative Committee,
stated it is the recommendation of the Committee that the Mayor be
directed to send a communication to Congressman Bob Mathias urging
favorable consideration by the administration of the restoration
of passenger service to the San Joaquin Valley.
Mayor Hart commented that he has been corresponding with
Congressman Mathias, both Senators and Mr. Ketchum in behalf of
passenger service in the San Joaquin Valley, but he has never
indicated that the Council desired him to take such action. Council-
man Rees then moved that the Mayor send a letter to Congressman
Mathias requesting restoration of the passenger service and that
funds be released for this prupose
Councilman Heisey stated that he did not believe there
has been any hue and cry to restore the AMTRAK passenger service
Bakersfield, California, December 11, 1972 - Page 7
Mayor Hart stated that he has written a number of letters,
he has been contacted over a period of time and has received advice
on how to make passenger train service successful through scheduling.
Councilman Bleecker commented that he hasn't had anyone
contact him and request passenger service through Bakersfield. If
fhe need were there, if people were down to the Council meetings
clamoring for the service, it would be different. As far as he is
concerned, AMTRAK has been a fiasco, it represents the federal
government taking over one of the largest entities in this country,
and the railroads were glad to unload it. Unless a real need could
be demonstrated to him, he would not support the recommendation of
the Legislative Committee. He then moved that the motion be tabled.
This motion failed to carry by the following roll call vote:
Ayes: Councilmen Bleecker, Heisey, Medders
Noes: Councilmen Rees, Rucker, Thomas, Whirremote
Absent: None
Councilman Whittemore stated that he did not want to get
into a debate regarding the merits of AMTRAK. Over the years
representatives of certain groups and individuals have appealed to
the Council to use its influence with the railroad in an attempt
to improve the service. He doesn't know whether consideration will
be given to the Council's request, but if the service were improved,
he is sure people will ride the trains and enjoy them.
Councilman Medders commented that at the time he and
Mr. Rees first discussed this, it seemed like a good idea, but he
has changed his mind since he discovered that AMTRAK has lost a great
deal of money during its first operating year, and he cannot support
the motion.
Councilman Heisey stated that people are inclined to let
their nostalgia run away with them, it was fun to ride the pass-
enger train to San Francisco, but those days are gone and there is
no way to bring them back. If people want cheap transportation,
they can ride the bus. He doesh'f feel there is any place for a
passenger train other than in an amusement park.
~Bakersfield, California, December 11, 1972 - Page 8
Vote taken on Councilman Rees' motion to request Congress-
man Bob Mathias to use his influence for the restoration of pas-
seager train service in the San Joaquin Valley failed to c~rry by
the following vote:
Ayes: Councilmen Rees, Rucker, Whirremote
Noes: Councilmen Bleecker, Heisey, Medders, Thomas
Absent: None
Action on Bids.
Upon a motion by Councilman Medders, low bid of Tri-Way
Contractors was accepted for carpet replacement at the Civic
Auditorium, all other bids were rejected, and the necessary transfer
of funds in amount of $23,775.00 was authorized to provide the
additional funds necessary for the purchase of the carpet.
Upon a motion by Councilman Medders, low bid of Griffith
Company for construction of a lighted Game Court area in Centennial
Park was accepted, all other bids were rejected, and the Mayor was
authorized to execute the contract. Director of Public Works Bid-
well pointed out that the total cost of this development will be
approximately $18,000.00, even with the City forces doing some of
the work, there will be additional material required for this pro-
ject
Councilman Bleecker stated that it has been brought to
his attention that the tennis courts in Jastro Park are in need of
resurfacing or repair. He asked Mr. Bidwell to get in touch with
him at his very first opportunity and give him a report on the
appraisal of the surface of the tennis courts in Jastro Park.
Deferred Business.
Upon a motion by Councilman Bleecker, Ordinance No. 2061
New Series of the Council of the City of Bakersfield amending
Section 11.17.020 of the Municipal Code of the City of Bakersfield
setting the boundaries of the Parking Mall, was adopted by the
following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Bakersfield, California, December ll, 1972 - Page 9
Adoption of Resolution No. 88-72 limiting
~he force and effect of Resolution No.
76-72 concerning interim guidelines and
procedures for determining whether a
project may have significant effect on
the environment and for preparation of
Environmental Impact Reports, if required.
Upon a motion by Councilman Whittemore, Resolution No. 88-72
limiting the force and effect of Resolution No. 76-72 concerning
interim guidelines and procedures for determining whether a project
may have significant effect on the environment and for preparation
of Environmental Impact Reports, if required,
following vote:
was adopted by the
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas,
Whirremote
Noes: None
Approval of Contract with William
D. Lovelace for temporary drafting
services in the Public Works Department.
Upon a motion by Councilman Rees,
Absent: None
D. Lovelace for temporary drafting services
contract with William
in the Public Works
Approval of release of Bond for
Improvements in a portion of Tract
No. 2560.
in a
side
Street,
Agreement
of Height
approved,
Upon a motion by Councilman Thomas, bond for improvements
portion of Tract No. 2560 for frontage road along the west
of New Stine Road between Stockdale Highway and Sarazen
was released and the County Counsel is to be so advised.
Approval of Local Agency and State Topics
Agreement for Construction of Traffic Signals
at the intersection of Height and Haley
Streets.
Upon a motion by Councilman Heisey, Local Agency and State
for construction of traffic signals at the intersection
and Haley Streets for an estimated cost of $44,000, was
and the Mayor was authorized to execute the agreement.
Approval of Construction Change Order
No. 2 for Phase One - Relocation of
Sewer Mains for State Route "58" Freeway.
Upon a motion by Councilman Rucker, Construction Change
Order No. 2 to Monatley, Inc., in amount of $461.26, for Phase
One - Relocation of Sewer Mains for State Route 58 Freeway was
approved, and Mayor was authorized to execute the Change Order.
the contract.
Department was approved, and the Mayor was authorized to execute
Bakersfield, California, December 11, 1972 - Page 10
Hearings.
This is the time set for public hearing on the initiated
action by the Planning Commission to amend the zoning boundaries
from an R-1 (One-Family Dwelling) Zone to a C-2-D (Commercial -
Architectural Design), or more restrictive, Zone, of that certain
property north of Brundage Lane, between Milham Drive and Bliss
Streets.
posted.
meetings
Commission considered this
land presently owned
now desires to sell
major highway.
The Planning Commission is
Commercial~ Zoning would be adequate
This hearing has been duly advertised and the property
Notices were sent to property owners as required by law.
At a public hearing held November 1, 1972 and at adjourned
held November 15 and November 20, 1972, the Planning
of the opinion that C-1 (Limited
for the proposed neighborhood
commercial uses, and would recommend approval of C-1 zoning for said
parcel with the application of the "D" (Architectural Design) overlay
to protect the traffic flow onto Brundage Lane and to insure a com-
patible development with the proposed County library.
Mayor Hart declared the hearing open for public part-
icipation. No protests or objections being received, the public
hearing was closed for Council deliberation and action. Upon a motion
by Councilman Rucker, Ordinance No 2062 New Series amending Title
17 of the Municipal Code by changing the land use zoning of that
certain property north of Brundage Lane, between Milham Drive and
Bliss Street, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas,
Whittemore
Noes: None
Absent: None
This is the time set for Public hearing before the Council
of the City of Bakersfield to amend the zoning boundaries from an R--1
(One-Family Dwelling) Zone to an R-3 (Limited Multiple Family Dwelling)
or more restrictive, Zone, of that certain property located easterly
of New Stine Road, between Belle Terrace and Nordic Drive (St. John's
Lutheran Church.)
zone change, which involves a parcel of
by the City of Bakersfield but which the City
This parcel has access to Brundage Lane, a
Bakersfield, California, December ll, 1972 - Page 11
This hearing has been duly adverticed and the property
posted. Notices were sent to property owners as required by law.
This R-1 zoned property was one parcel of two parcels of
land requested by the church to be rezoned. Due to an error in
advertising this parcel, even though it was approved by the Planning
Commission at its October 4, 1972 meeting, the action was con-
sidered null and void. The Planning Commission, at its November
1, 1972 meeting, again considered this zone change request. This
proposed R-3 zoning will be contiguous to existing R-3-D property;
it was the opinion of the Commission the proposed zone change
would be compatible with the zoning and development of adjacent
properties and neighborhood. However, the Planning Commission
would recommend approval of the R-3 (Limited Multiple Family
Dwelling), or more restrictive, Zone, with the application of the
"D" Overlay Design to insure a compatible'development and to
protect the traffic flow onto Belle Terrace and Nordic Drive.
Mayor Hart declared the hearing open for public part-
icipation. Mr. Robert Edwards, a member of St. John's Lutheran
Church, stated that when they decided to build the church on this
property, they found they had excessive land, so it was recommended
that the portion they had decided to sell be rezoned to an R-3
zoning to be compatible with the surrounding neighborhood.
Councilman Thomas stated that he had advised Mr Edwards
that he would strongly oppose an R-3 zoning and would recommend
R-2 and he asked if the church would be opposed to R-2 zoning. Mr.
Edwards stated that they had made an application to the Planning
Commission with an R-3 zoning in mind and the Planning Commission
had concurred that this would be compatible with the area.
Councilman Thomas stated people were opposed to the R-3
zoning high density in this area, and he continually receives com-
plaints from the R-1 zoning south of Ming Avenue because of the
heavy traffic impact. Therefore he will go on record as opposing
R-3 zoning and will move to accept only R-2 Zoning.
227
Bakersfield, Californ±a, December 11, 1972 - Page 12
Mr. William Schallock, an adjacent property owner, stated
that he has apartments zoned R-3 across the street from this parcel
of land and he feels the R-3 zoning would be compatible with the
area. He realizes there are alot of apartments in the area, but
he doesn't think the area is suitable for anything else but R-3.
No one speaking in opposition to the application for
rezoning, the public hearing was closed for Council deliberation
and action. Councilman Heisey stated he feels this is a reasonable
request,it was inadvertently left off the agenda once and was not
approved. These gentlemen have been waiting patiently to dispose
of their property and he feels R-3 zoning is compatible for the
area. He then moved to adopt Ordinance No. 2063 New Series amending
Title 17 of the Municipal Code by changing the land use zoning to
R-3-D, of that certain property located easterly of New Stine Road
between Belle Terrace and Nordic Drive. Councilman Thomas offered
a substitute motion to approve R-2 zoning of the property.
After Council discussion, vote taken on the substitute
motion failed to carry by the following roll call:
Ayes: Councilman Thomas
Noes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Whittemore
Absent: None
Vote taken on Councilman Heisey's motion to adopt the
Ordinance amending Title 17 by changing the Land Use Zoning of this
property to R-3-D, carried
Ayes: Councilmen Bleecker,
Noes: Councilman Thomas
Absent: None
by the following roll call:
Heisey, Medders, Rees, Rucker, Whittemore
Adjournment.
There being no further business to come befo~ the Council,
upon a motion by Councilman Thomas, the meeting was adjourned at
9:50 P.M.
~ity of Bakersfield,
ATTEST:
CITY CLERK and ~x-Ol~icio Clerk of the Council of
the City of Bakersfield, California
Cmlif.
Bakersfield, California, December 18, 1972
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 18, 1972.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Thomas
W. Toler of the First Christian Church.
The City Clerk called the roll as follows:
Present: Mayor Hart.
Councilmen Bleecker, Heisey, Medders, Rees,
Rucker, Thomas, Whittemore
Absent: None
Minutes of the regular meeting of December ll, 1972
were approved as presented.
Adoption of Resolution Concerning
Key '73.
Councilman Heisey read the following Resolution into
the record:
WHEREAS, the principle of separation of church
and state in our nation's history and tradition
applies correctly to the structures of religion
and government but does not accordingly impose
the separation of the principles of religion
from the principles of government, and
WHEREAS, from its beginning our nation has looked
to God as the author and sustainer of life and
has sought His protection and guidance in prayer
both publicly and privately expressed, and
WHEREAS, more than 150 Christian demoninations
in America which include over 100 Million
Christians at work and worship in over 300,000
churches and groups have voluntarily and co-
operatively designated the year 1973 as the
year to "Call Our Continent to Christ" in a
simultaneous emphasis and effort to be known
as "Key 73", and
WHEREAS~ this movement is to be officially
launched in our nation on December 26, by desig-
nating the hour of noon as a "time of daily
prayer" in preparation for the launching of
Key '73 on January 6, in a special nationwide
television broadcast which will be aired over
Channel 23 in Bakersfield at 7:30 that evening,
BE IT THEREFORE RESOLVED, that the Bakersfield
City Council joins with all those concerned with
the successful launching of Key '73 in this com-
munity by urging individuals to participate in
the Noon Prayer Call each day beginning December
26, through January 6, by stopping whatever they
are doing for a few moments to pray individually
or with others for repentance and response of
millions of Americans during 1973 to the love
of God and the claim of Christ upon their lives,
Bakersfield, California, December 18, 1972 - Page 2
Ayes:
Noes:
Absent:
Board of
letter
AND BE IT FURTHER RESOLVED, that the hour of
prayer at 12 noon on the aforementioned dates
be signaled by the ringing of church bells,
the sounding of carillon chimes, the blowing
of factory whistles and claxons, and the
sounding of auto horns.
Councilman Heisey stated that this resolution has been
submitted to the Council by the Bakersfield Key '73 Coramittee con-
sisting of representatives of more than 50 churches in this com-
munity. He then moved adoption of the Resolution.
Councilman Rees commented that as a Christian, he whole-
heartedly supported this program, but he would like to make the
observation that not all people in the community, not all people
who worship God, are Christians. He asked if this resolution
would in any sense offend those people who might not be Christians.
Councilman Heisey stated he didn't see how it could,
that it is pretty well recognized that everyone isn't a Christian.
But this is considered a Christian nation, it is considered that
it is predominately Christian.
Councilman Rucker stated he thinks it is an outstanding
idea, and certainly he would be one that would support the resolu-
tion. He thanked Reverend Toler for presenting the resolution to
the Council.
Vote taken on the motion to adopt the resolution carried
as follows:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
None
None
Scheduled Public Statements.
Supervisor David A. Head, Chairman of the Kern County
Supervisors, stated he would like to read the following
from the Board of Supervisors:
The Bakersfield City Council and the Kern County
Board of Supervisors are confronted with new
problems daily. We sometimes seek solutions in
different ways, but always in our minds and
hearts is the thought "what is best for the
majority of the people we represent."
The mutual problems we face are many times
overcome by the combined efforts of our depart-
ments; sharing ideas and knowledge, working for
a common goal. Without this kind of cooperation,
the two agencies we represent could not function.
230
Bakersfield, California, December 18, 1972 - Page 3
On behalf of The Board of Supervisors, I thank
each Councilman for his efforts in 1972, and
wish to express personally my gratitude to Mayor
Don Hart for all of his help to me while serving
as Chairman of the Board.
The Board of Supervisors wishes each of you a
very Merry Christmas, and pledges continued
cooperation and understanding in the New Year.
Mayor Hart expressed the appreciation of the Mayor and
Council for the offer from the Board of Supervisors of continued
cooperation and mutual understanding. All Councilmen echoed the
Mayor's sentiments and extended a greeting of Merry Christmas to
the Board of Supervisors. Upon a motion by Councilman Thomas, the
letter was received and ordered placed on file.
Mr. David Press, City bus driver, one of several bus
drivers attending the Council meeting, asked the Council to take
action to prevent additional armed robberies on the City buses.
He was one of the victims and is greatly interested in preventing
recurrences of this nature. In order to alleviate the situation,
he asked the Council to enact an emergency measure to install an
exact fare system on the buses, effective Thursday, December 21,
1972. This system has proved an effective deterrent in cities all
over the country including Los Angeles and Fresno. The bus drivers
feel that prompt action is a necessity.
Councilman Medders asked Mr. Hoagland regarding the
legality of putting this change into effect by December 21st. Mr.
Hoagland answered that the exact fare structure can be done as a
matter of administrative policy, if it is the desire of the Council.
Councilman Medders stated that it seems to him to be a
reasonable request, it may create some hardship on The passengers
for a day or two, but if sufficient publicity is given to The change-
over and as the passengers become
change for the fare, there should be no problems.
Councilman Heisey asked The City Manager to comment on
the request, as he has been very close to the situation for a good
many years.
accustomed to carrying the exact
Bakersfield, California, December 18, 1972 - Page 4
Mr. Bergen stated he would like to go into the back-
ground of the Transit District in order to explain why nothing has
been done on this earlier. The Metropolitan Transit District was
formed last June and has been meeting periodically. The City
expects to transfer the actual operation of the transit service to
the District on January 1, 1973, or as soon as possible thereafter.
The District is meeting this week to consider employment of a
General Manager.
The Council will recall when the prior Transit Superin-
tendent retired, the position was not filled. The Transit Superin-
tendent had considered recommending an exact fare system, but since
he left, no further consideration was given this pending the District
takeover. One of the principle problems he found when evaluating
it about six months ago, was that the City's present fare structure
of 30~ and 40~ would make an exact fare structure rather difficult
and would exclude passengers. The amount of change issued to the
drivers has been reduced. Mr. Bergen stated the exact fare structure
should be given priority consideration by the Transit District, but
he believes more study should be given before making a change on
such short notice.
Councilman Heisey stated he was happy to hear the Manager's
comments, as in his opinion, it would be improper for the Council
to take any action regarding the Transit District. The City of
Bakersfield is only operating and maintaining it on a caretaker
basis and he is not even certain that the Council has the legal
authority to take such action. A Transit Board has been appointed
to solve any problems of the District and they are the ones expected
to do so. In his opinion, the Council should withhold action for a
few more weeks until the District can take over the Transit System.
Councilman Bleecker asked Mr. Press if he and the other
bus drivers would be satisfied with a recommendation from the
Council to the Transit District that it seriously consider the
exact fare system because of certain problems such as armed robberies
on the buses.
his
act
Mr. Press stated he
opinion he would say that
is now.
cannot speak for anyone else, but in
the danger is now, and the time to
232
Bakersfield, California, December 18, 1972 - Page 5
Councilman Bleecker asked the City Manager how long it
would take for a complete changeover of the bus operation for the
Transit System.
Mr. Bergen stated that they had originally planned for
the system to be transferred to the Metropolitan Transit District
on January 1, 1973. However, it doesn't look as though a General
Manager will be employed by that date. The Transit Board is
meeting this week to review applications received for the position.
Councilman Rucker commented that the Council should
protect not only the drivers, but the passengers who ride the buses,
and he moved that the Council go on record as supporting the request,
to become effective Thursday, December 21, 1972.
Councilman Whittemore supported the motion, stating that
he sees nothing wrong if some revenue is lost.until passengers
become familiar with the new system. He would assume the same
people ride the same routes each day, and perhaps until they were
educated to carry the exact change, the passengers could ride and
pay later. He suggested to the news media that this new exact
fare system be given wide publicity and asked the staff to have
signs posted in the buses informing the public of the need to carry
exact change for the fare.
Councilman Rees asked if the coin equipment would take
time to install, and Mr. Bergen replied that the coin collectors
are on the buses now, so there is no particular problem with that.
If the Council wishes to have the change made, as much publicity
as possible should be given to the fact that the buses will be
going on an exact change system by Thursday, so that people are
aware that they must have coins with them or they cannot ride.
Mayor Hart commented that it might be necessary for the
bus drivers to sacrifice some of the punctuality of their schedules
for a few days, until passengers become acquainted with the new
system.
Mr.
to make very
will not
Bergen stated that
clear, that the coin box will not take a dollar
take currency, the fare must be paid in coins.
there was one thing he would like
bill,
233
Bakersfield, California, December 18, 1972 - Page 6
Councilman Rees moved to amend Councilman Rucker's motion
to make the changeover effective next Monday, in order to give
adequate opportunity for the news media and the City to alert the
public to the proposed change.
Mr. Bergen stated they do not operate on Sunday or holi-
days, and perhaps December 26th should be designated as the effective
date for the changeover.
Councilman Heisey objected to any change as he feels the
matter should be discussed with the Transit Board before any action
is taken by the Council.
Councilman Rucker asked Mr. Press if there would be any
objection to making this changeover effective December 26th instead
of December 21st, and Mr. Press answered that since there were
problems involved, this action would be acceptable.
Vote taken on the motion carried by the following roll
Councilmen Bleecker, Medders, Rees, Rucker, Thomas,
Whiftemore
Noes: Councilman Heisey
Absent: None
Correspondence.
Upon a motion by Councilman Heisey, communication from
Congressman Bob Mathias, enclosing response received from HUD
setting out the reasons for the decision not to fund the Mayflower
Tract Drain Project at the same level as was originally approved,
was received and ordered placed on file. This was in response to
a communication sent by Mayor Hart upon direction of the Council.
Council Statements.
Councilman Thomas commented that two weeks ago the
Council accepted the resignation of Mr. Johnny Wiley as member of
the Fire Department Civil Service Board and deferred action to fill
the vacancy on the Board created by his resignation. Councilman
Thomas then nominated Mr. Rod Williams, Attorney residing at 2429
Bay Street, to fill the vacancy.
call:
Ayes:
234
Bakersfield, California, December 18, 1972 - Page 7
Councilman Heisey nominated Mr. Howard Lake for this
vacancy. Mr. Lake at one time served as Chairman of the Miscellaneous
Civil Service Board and is currently Manager of Christian Towers.
Councilman Bleecker commented that Mr. Williams is a
good lawyer and a good candidate who was unsuccessful in a recent
election. However, he cannot support Mr. Williams for this vacancy
because he feels it is untimely to put his name in nomination to
serve on the Fire Department Civil Service Board because the Councll
to vote for a gentleman who not long ago defended
in a Civil Service Hearing and took a position against
is being asked
City employees
the City.
Councilman Thomas
defend a client and he does
remarked that an attorney is paid to
it to the best of his ability. He
does not consider that acting as a defense attorney for City
employees would disqualify Mr. Williams from serving on the Civil
Service Board.
Councilman Rees agreed, stating that he feels it is
quite possible for an attorney to do a professional job and to
preserve his personal integrity.
Roll call vote taken on motion to appoint Mr. Rod Williams
to fill the vacancy on the Fire Department Civil Service Board
carried as follows:
Ayes: Councilmen Rees, Rucker, Thomas, Whirremote
Noes: Councilman Heisey, Medders
Absent: None
Abstaining: Councilman Bleecker
Mr. Rod Williams was therefore appointed as a Member of
the Fire Department Civil Service Board to fill out term of Mr.
John Wiley expiring on December 31, 1977.
Councilman Bleecker stated that on the 13th and 15th of
December, the Bakersfield Californian newspaper saw fit to take
certain Councilmen to task for their vote last Monday evening on
the AMTRAK issue. The first article, copy of which was sent to
him by the Editor of the Californian on the 13th of December, was
an editorial, and the other article written by a staff writer,
appeared on the 15th of December. He then read the following
235
Bakersfield, California, December 18, 1972 Page 8
statement, which is a letter to the Editor of the Bakersfield
Californian, and requested the City Clerk to spread the statement
in full on the Minutes. He also wanted it made a matter of public
knowledge that he. has given a copy of his verbatim statement to a
member of the staff of the newspaper and asked that he give it to
his editor.
The Bakersfield Californian
Letter to the Editor
Dear Sir:
I learned a long time ago to respect the honest
opinion of the opposition in political debate.
This, I have done, no matter how trying the issue
or how ill-informed the opposition may have been.
I have always tried to decide issues on merit and
fact. I don't know how to operate any other way.
The Bakersfield Californian, however, is in a
different position than I. It may print so-
called facts without immediate rebuttal. It
may print innuendo by leaving out certain factual
pertinences calculated to form the opinion of
its readers. And, worst of all, the newspaper
may editorialize in its news items or feature
stories, particularly in regard to the purported
motive of the individual or group it seeks to
attack.
The Californian editorial, Let Them Ride a Bus,
makes certain pronouncements in very bad taste
and others that just aren't true in its effort
to promote Amtrak passenger service from Bakers-
field to Oakland.
Bad taste item number one is the "majesty and
dignity" reference to the City Council appearing
in the aforementioned editorial. Phrases like
this one, used in a derogatory way, are meant to
belittle the Council in the minds of the public.
It's the same tactic the Los Angeles Times has
used unsuccessfully against Mayor Sam Yorty of
Los Angeles for years. It's really kind of
child-like for a big, grown-up newspaper to
pursue this type of innuendo even on the
editorial page.
Bad taste item number two is the inference that
the Council rejects all "money or services
coming from the Federal Government." This is
an outright lie in that during my four years
tenure as a Councilman I cannot recall one.
specific instance in which a worthwhile offer
of assistance has been turned down by the
Council. I can tell you, however, that on
more than one occasion, the Federal Government
has tried to back out of its commitment to the
City for no good reason. I can tell you also
that your City Council and its staff are much
more straight-forward and sincere than the
Federal agencies they contend with.
The consensus of the Council has been to accept
direct assistance when it can be determined that
acceptance does not jeopardize local government
control and/or local ordinances. I believe that
236
Bakersfield, California, December 18, 1972 - Page 9
this is what the people of Bakersfield want.
To this end, I guarantee the Council is dedi-
cated and the editorial inferences to the
contrary smack of the kind of deceit unworthy
of a first class newspaper.
Bad taste item number three is that the editorial
alludes to some kind of total support for Amtrak
passenger service - "It was supported by all of
our responsible business and civic groups --."
The inference here is that any group or indivi-
dual who opposes Amtrak is irresponsible. Now
come on Mr. Editor, you don't really mean that,
do you? Can we not still espouse honest opposi-
tion in Bakersfield without fear of castigation
when we may differ with your newspaper? As a
matter of fact, the Bakersfield Chamber of
Commerce has not taken any official stand on
Amtrak and I have always thought that this was
a very responsible organization.
It is very interesting to note that during the
Council debate on the Amtrak issue, the Mayor
indicated he had been corresponding with Congress-
man Mathias, both senators and Mr. Ketchum in
behalf of passenger service in the San Joaquin
Valley, "but he has never indicated that the
Council desired him to take such action." It is
a matter of fact that the office of Mayor can-
not initiate legislation or minute orders or
make any motion whatsoever on the Council floor.
Neither can this officer vote except in cases
of a tie among voting Councilmen. Any official
position or official act of the City of Bakers-
field must first be approved by a majority of
the Council in open forum and always subject to
debate under Mason's Rules. All this is according
to the language of the City Charter approved by
the people of the City of Bakersfield. It is
not my intention in these remarks to take away
from the office of Mayor but these are the facts
according to law. I will say that in my opinion
the present Mayor has done a very creditable job
as the official and formal representative of the
City of Bakersfield.
It is interesting to note, also, the position
of the three Councilmen who cast the losing votes
on the Amtrak issue. Two of them hardly entered
into the debate and the third made a plea far
below his capabilities. The Mayor said virtually
nothing when opposition was indicated.
One very important fact the aforementioned
editorial completely omitted from its negative
piece of opinion is that I moved to table the
motion on Amtrak which indicates to everybody
that further study and fact finding was certainly
possible. However, by a 4-3 vote the Council
defeated my motion and I had no alternative but
to cast a NO vote on the subsequent motion to
approve the promotion of Amtrak service.
There is also the matter of a feature story
called Council's "no" on Amtrak draws fire
appearing in the December 15 edition of the
Californian. It is apparent that much of this
story is nothing. but a tale. Its mis-quotations
and innuendoes make it read like bad fiction.
At least the reporter did contradict his own
editor when he made public the knowledge that
237
Bakersfield, California, December 18, 1972 - Page 10
the Bakersfield Chamber of Commerce had taken
no official position on Amtrak. This same
article calls attention to the City Council
election in April. What happened to the election
in February? Has this same reporter made this
error out of ignorance or is he hoping sub-
consciously that one or more of the incumbents
will be forced into an April runoff?
Here are a few facts on Amtrak and related
issues:
1. Amtrak was ill-conceived in the beginning
in that merger of the Pennsylvania Railroad and
the New York Central into the Penn-Central proved
unsuccessful. These two vast entities were
about to go bankrupt and the Federal Government
decided to. bail them out by taking over their
unprofitable passenger service. There is no
telling how much this cost the American tax-
payer. High officials of the railroad were
under federal indictment for alleged misconduct.
2. This federal takeover eventually amounted
to federalization of all rail passenger service
under the name of Amtrak which reported a loss
of some 75 million dollars in its first reporting
period.
3. Private transportation services must stay
competitive with each other or they go out of
business. Amtrak is run and will continue to
be run by federal edict at the taxpayer's
expense. The only loss limit for Amtrak will
be the tremendous number of dollars allocated
each year by Congress to pay this loss.
4. One of the most costly items involved in
the pricing of consumer goods in this country
is the cost of marketing and distribution of
which rail freight charges are of paramount
importance. Railroads with substantial passenger
service before the inception of Amtrak claimed
that their freight rates were high because of
heavy losses they were taking on passenger
service. After they unloaded this service and
put it on the back of the taxpayer, these same
railroads actually raised freight rates sub-
stantially several times on the commodity items
they carry. It appears to me this is progress
in reverse at your and my expense.
5. Question: How many Bakersfieldtans have
ridden a passenger train more than once or
twice in the past ten years? How many of you
have ever ridden a train in your entire life-
time? Your answer is exactly the reason why
rail passenger service as delineated from rapid
transit systems has become a vestige of bygone
times.
6. There are many things in this world nice to
have but not at any cost. There are many
deserving people in this country who need
assistance in order that their lives and their
futures may become more meaningful. Let's not
put millions of dollars down the rat hole unless
the need can be proven and we get more back for
our dollar than wasteful federal boondoggling.
238
Bakersfield, California, December 18, 1972 - Page 11
In conclusion, please let me say the fact I am
running for re-election has nothing to do with
the position I have taken on Amtrak, as one
might gather from Mr. McCance's disconnected
tale. On election day I will stand or fall on
the record and on the merits or demerits as
they may be awarded to me by the people of the
Fourth Ward.
Mayor Hart commented as follows: I would like to exercise
the prerogative of the chair to comment on Mr. Bleecker's state-
ment relative to my position. For a point and clarification and
again referring to the newspaper.
In the article that Mr. Bleecker quoted it was stated
that I had asked that this be brought forward for discussion. It
was quite inaccurate, Mr. Bleecker was credited with that statement,
whether he made it or not, is unimportant. This was brought to the
Council as a result of Councilman Rees' report of the Legislative
Committee. I did not involve at any time letters representative
of the government of the City of Bakersfield, but it was over my
signature in response to the inquiries from the Washington level,
and by the same token, enthusiasm for the Amtrak situation from
some of the people here on the local level.
Mr. Bleecker is quite right, I do not initiate any
legislative action, but can talk at great
matters which come before the Council and
tie exists. That is common knowledge.
length about any of the
then vote only when a
I will continue to support Amtrak as a private individual,
but I cannot, as Mayor of the City of Bakersfield, inasmuch as these
gentlemen in their wisdom have seen fit not to support it, and I
respect that decision. As a result, I wanted to make my position
clear.
Councilman Rees stated that he cannot speak for the
Mayor, but would assume that both he and the Mayor felt that like
air service for the valley, train service for the valley was
relatively a non-controversial matter, but we found out otherwise.
He discussed if with the other member of the Legislative Committee.
They thought that it would be a relatively routine matter for the
239
Bakersfield, California, December 18, 1972 - Page 12
Council to go on record endorsing valley train service, as has been
done by other cities. One or two of the Councilmen have indicated
to him that they would like more facts, more information about
Amtrak and he understands that Mr. Jennings, Congressman Mathias'
district representative, has a report of a congressional committee
which might shed light on the matter.
Councilman Thomas stated he had talked to Mr. Jennings
on the phone at great length, and was advised that Congressman
Mathias' office has received an Amtrak study of the San Joaquin
Valley, as of November 11, 1972. It is available and he would
like to have the Council take action tonight which would permit
the Congressman's office to send each member of the Council and
the Mayor a copy of the report which outlines proposed cost, pro-
posed revenues and scheduling for the San Joaquin Valley route.
Councilman Thomas stated he voted against the motion last week
because he has received no indication from his Ward as to their
feelings about Amtrak or valley train service. He then moved that
the Council instruct the Mayor to make available to each member of
the Council all communications he has written or received in the
past regarding Amtrak and also that the Mayor be directed to write
a letter to Congressman Mathias requesting copies of the govern-
ment's report.
Councilman Bleecker commented that he would not vote in
favor of the motion as he believes it is unnecessary to request
this information from the Congressman, it is sent out on other
occasions without making requests for it.
Mayor Hart stated that his correspondence was sent out
at the request of two gentlemen who were offering as railroad buffs,
or as interested people, schedules which would fit into the Southern
San Joaquin Valley's traffic pattern. He repeated that never at
any time did he reflect it as being done at the request of this
Council or of this City. But he does favor Amtrak, as an individual
living in Bakersfield. This motion requests information from the
Congressman's office, and he stated that his files are open to the
Council at all times.
Bakersfield, California, December 18, 1972 - Page 13
Roll call vote on the motion carried as follows:
Ayes: Councilmen Heisey, Medders, Rees, Rucker, Thomas,
Whitfemore
Noes: Councilman Bleecker
Absent: None
Councilman Rucker offered the name of Mrs. Eloise Vines,
Director of Youth Program K.C.E.O.C., to serve on the Citizens
Advisory Committee, California Avenue Park Multi-Purpose Building,
to replace the Reverend Barry Minor, resigned. Councilman Heisey
seconded the motion.
Councilman Medders asked if Mrs. Vines was a City resi-
dent. Councilman Rucker stated she does reside outside the City
boundaries but since this project is a joint exercise of powers
agreement with the County of Kern, it would preclude requiring the
members of the Committee to be residents of the City.
Mr. Bergen stated there is no legal requirement, the
Council can set the restrictions on the members, but as a joint
venture with the County, members of the Committee can be other
than City residents.
Vote taken on Councilman Rucker's nomination of Mrs.
Vines as member of the Citizens Advisory Committee for the Cali-
fornia Avenue Park Multi-Purpose Building, carried unanimously.
Councilman Heisey stated he doesn't have much to say
regarding the editorial in the Bakersfield Californian on the
Council's vote on the Amtrak issue. He vigorously supported
keeping the last passenger train in service here in the San Joaquin
Valley, but when that train was eliminated simply because no one
would ride on it, he was satisfied to bury the passenger service.
He cannot agree with the newspaper that to re-institute a service
that the public has overwhelmingly rejected, is progress. There
has been no public support to reinstate this service, he has not
had one phone call or one letter either before or after last week's
Council meeting. Therefore, he feels there is complete public
apathy on this matter.
One comment made by the editorial in regards to the
Council's reluctance to take tainted federal money, was completely
out of context, that subject was not a part of the discussion. An
Bakersfield, California, December 18, 1972 - Page 14
item he does agree with is that there should be an alternative to
public transportation and one of the prime alternatives is air
transportation. There have been times when certain airlines
transportation has been lost to the community and it was only
through hard work by everyone that United Airlines service was
retained. Perhaps in a few years the community will want an
extension of BART to come down the San Joaquin Valley, to give
rapid transportation into the Bay area. He will be happy to read
any report offered by Congressman Mathias' office, which could
shed new light on Amtrak, but he is satisfied that the public is
completely disinterested.
Councilman Bleecker stated that since the Legislative
Committee did bring this up and it has become an issue before the
Council, and he doesn't care for surprises when he is asked to
vote on something that is relatively important, he would make a
motion that any future recommendations from the Legislative Com-
mittee be first placed
public
merits
upon the Agenda so that the Council, the
and the news media may have the opportunity to weigh the
of such proposed legislation before any Council action.
Councilman Heisey suggested that this motion be amended
to state that emergency legislation be excepted. Frequently the
Council doesn't know about a bill in Committee, occasionally there
is not time to even write a letter, a wire must be sent stating
the Council's position.
Councilman Bleecker stated he would not support Council-
man Heisey's amendment to his motion as he would hope that the
staff would keep the Legislative Committee well enough informed
ahead of time on legislation that is pending so that they may have
plenty of time to study it, to make a reasonable decision and a
recommendation to the Council.
Councilman Rucker commented that all other reports are
placed on the Agenda and he can't see why the Legislative Committee
reports should not also be handled in this manner. He asked why
it was necessary to make a motion to have this done.
242
Bakersfield, California, December 18, 1972 - Page 15
Mr. Hoagland stated that at times the League of California
Cities is slow in getting legislative information to the City. The
City Manager sends the Council all bulletins he receives and the
Legislative Committee screens the bills and makes recommendations
on those bills which would involve the City. There have been
occasions when a report of the Legislative Committee has been
placed on the Agenda but the specific items have not been delineated.
Whenever possible, if there isn't any urgency, a Legislative report
can always be held over for Council study.
Councilman Bleecker asked Mr. Hoagland if in case of an
emergency, it would not be possible for the Council to waive any
minute order adopted tonight. Mr. Hoagland stated that it would
be entirely possible.
Councilman Whittemore agreed that Mr. Bleecker has a
salient point, he doesn't like to have the reports submitted with-
out prior notice. The action will probably not hold up because
there are just too many bills considered by the Legislature and
there will probably be many occasions when immediate action by the
Council will be necessary.
Vote taken on Councilman Bleecker's motion carried
unanimously.
Councilman Whirremote stated that the Kern County Council
of Governments has been confronted with a tentative proposal by CIR
to include this agency in a six County COG which would dilute any
control Bakersfield, the 11 incorporated cities in Kern County and
the County of Kern itself presently have. Most of them have approved
and adopted a proposed resolution which he is presenting to the
Council tonight. A six County COG would be absolutely unwieldly
because of the geographic region; Urbanized and Urbanizing areas;
Social and Economic Factors and County boundaries. He strongly
urged the Council to adopt the proposed resolution in letter form
which would be addressed to Mr. Clifford R. Anderson, Jr., Chairman,
California Council on Intergovernmental Relations, with copies to
243
Bakersfield, California, December 18, 1972 - Page 16
be sent to the Governor, the Lieutenant Governor, Assemblymen,
Senator and Assemblyman elect, representing this area. He moved
that the letter Resolution reading as follows be adopted and sent
out under Mayor Hart's
adopt
Ayes:
signature:
Request for Establishment of
Kern COG's APJ as a One County,
Multi-City Substate District
The Kern County Council of Governments wrote
you on November 8, 1972, requesting the estab-
lishment of Kern COG's APJ as one County,
Multi-City Substate District. The Council of
the City of Bakersfield sends this letter to
indicate its support of Kern COG's letter, that
this request represents the most practical way
to accomplish CIR's goals. It is felt that
Kern County would not benefit from a combination
with the five northern counties.
The Council appreciates your consideration of
This request.
Roll call vote on Councilman Whittemore's motion to
the letter Resolution carried as follows:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Reports.
Chairman of
Noes: None
Absent: None
Councilman Whittemore,
the Governmental
Efficiency and Personnel Committee read a report of that Committee
recommending the Addition of Section 3.18.175 - Severance Pay
Inapplicable - to the Municipal Code, which states that whenever
an employee or department is transferred by operation of law or
contract to another governmental entity and by law no loss of
benefits occur by reason of such transfer, severance pay under
Section 3.18.170 shall not be applicable. Upon a motion by Council-
man Whittemore, the report was adopted and the ordinance was con-
sidered given first reading.
Councilman Whittemore, Chairman of the Governmental
Efficiency and Personnel Committee, read a report of that Committee
recommending that an actuary evaluation be made concerning the
safety employees retirement plan. This evaluation can be made
through the State of California Public Employees Retirement System
at a cost of approximately $400.00. Upon a motion by Councilman
244
Bakersfield, California, December 18, 1972 - Page 17
Whirremote, the report was adopted and the Finance Director was
authorized to transfer $400.00 from the Council's Contingency Fund
to cover the cost of the actuarial survey.
Councilman Rees, Chairman of the Budget Review and
Finance Committee, read a Committee report regarding City's appli-
cation for assistance in funding a storm drain project to serve
the Mayflower Tract. A final determination has been received from
HUD on the amount of its participation in this project. They will
not participate in the funding of the joint City-State-County storm
drain system for which the City has budgeted $110,000.00 as its
share, but will fund 50%, or $75,075, of the remaining part of the
Phase I Storm Drain System. Funding of the City's portion of this
project could be accomplished by a transfer of funds reserved for
the 58 Freeway storm drain system. These funds would have to be
replaced in the 1973-74 budget.
The Committee therefore recommends authorization of the
necessary transfer of funds and execution of the contract with HLrD
for this project. Upon a motion by Councilman Rees, the report
was adopted. Councilman Medders voted in the negative on this
motion.
Councilman Heisey, Chairman of the Water and City Growth
Committee, reported on the subject of Supplemental Water Program
Urban Bakersfield Area, stating that several months ago the City
requested its Water Engineer, Tom Stetson, to make additional
analysis of the proposed supplemental water program in the Urban
Bakersfield area.
This report was completed and copies furnished to George
Nickel, Jr. and Tom Folsom. George Nickel and Tom Folsom replied
to the report and as a result, the Committee met with both of them,
Tuesday afternoon, December 12, 1972.
At this meeting George Nickel distributed memorandum to
file dated November 30, 1972, commenting on Tom Stetson's report.
The Water and City Growth Committee believes that the
report prepared by Tom Stetson is satisfactory. However, it feels
Bakersfield, California, December 18, 1972 - Page 18
245
that an additional study and examination needs to be made of the
spreading program within the Improvement District. With this
reservation, Councilman Heisey moved that the Council accept and
approve the report of Mr. Tom Stetson. This motion carried
unanimously.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a)
Allowance of Claims Nos. 1818 to 1947,
inclusive, in amount of $74,986.15,
with exception of Voucher No. 1896, to
California Water Service Company, in
amount of $472.21.
(b)
Plans and Specifications for Construction
of Storm Drains at various locations
within the City of Bakersfield.
(c)
Flowage and access easement from
Stockdale Development Corporation
for Tract No. 3622.
(d~
Conveyance and dedication of 20 foot
sewer easement from Robert D. Williams,
Paul Boles and Glendol L. Brown, to
the City of Bakersfield.
(e)
Conveyance and dedication of 20 foot
sewer easement from Mary Lee Hutson
and Robert L. Hutson to the City of
Bakersfield.
(d) and
vote:
Upon a motion by Councilman Medders, Items (a), (b), (c),
(e) of the Consent Calendar were adopted by the following
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker, Thomas,
Whittemore
Noes: None
Absent: None
Upon a motion by Councilman Medders, Transfer of Funds
in amount of $7,200.00, from Account No. 11-510-6100 to Account
No. 11-655-4100 - $4,200.00 for payment of Weed Abatement by private
contractor; and to Account No. 11-664-3900 - $3,000.00 for repairs
to two air conditioning units at the Civic Auditorium, were approved.
246
Bakersfield, California, December 18, 1972 - Page 19
Adoption of Resolution No. 884 of the
Council of the City of Bakersfield
declaring its intention to order the
vacation of alleys in Blocks Nos. 328
and 329, City of Bakersfield.
Upon a motion by Councilman Rucker, Resolution of Inten-
tion No. 884 of the Council of the City of Bakersfield declaring
its intention to order the vacation of alleys in Blocks Nos. 328
and 329, City of Bakersfield, and setting date of January 15, 1973~.
for hearing on the matter before the Council, was adopted by the
following vote:
Ayes:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Adoption of Resolution No. 89-72 of
Intention to include within the Greater
Bakersfield Separation of Grade District
certain territory designated as Stock-
dale No. 5, and setting the time and
place for hearing objections to the
inclusion of said territory within said
District.
Upon a motion by Councilman Thomas, Resolution No. 89-72
of Intention to include within the Greater Bakersfield Separation
of Grade District, certain territory designated as Stockdale No. 5,
and setting January 22, 1973 as the time for hearing objections to
the inclusion of said territory within said District, was adopted
by the following vote:
Ayes:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Adoption of Emergency Ordinance No.
2064 New Series of the Council of the
City of Bakersfield authorizing amend-
ment to the Contract between the City
Council and the Board of Administration
of the California Public Employees
Retirement System.
Upon a motion by Councilman Rucker, Emergency Ordinance
No. 2064 New Series of the Council of the City of Bakersfield
authorizing amendment to the Contract between the City Council and
Bakersfield, California, December 18, 1972 - Page 20 247
Ayes:
Noes: None
Absent: None
the Board of Administration of the California Public Employees
Retirement System was adopted by the following vote:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whirremote
Approval of Contract for Supplemen-
tation of the Municipal Code of the
City of Bakersfield, California, with
sets of pages to supply all copies
of the Code.
Councilman Rees commented that inasmuch as the Book
Publishing Company furnishes the City with legal and technical
advice which no local purveyor is able to do, in addition to the
service of printing the supplements to the Municipal Code as part
of their package, because of this factor, he is willing to agree
with the City Clerk that it is better to employ this specialist,
as much as it might be desirable to produce the work in Bakers-
field. He then moved that the contract with Book Publishing
Company be approved and the Mayor authorized to execute same.
This motion carried unanimously.
Approval of Agreement with Bakersfield
Swim Club to lease Central Park Pool
for a term of ten years.
Upon a motion by Councilman Medders, Lease Agreement
with Bakersfield Swim Club to lease the Central Park Pool for a
term of ten years was approved, and the Mayor was authorized to
execute same.
Approval of Excavation and Disposal
of Surplus earth materials at the
City's proposed park site on Akers
Road between Planz Road and White
Lane.
Upon a motion by Councilman Thomas, approval was granted
Public Works Department to permit individual developers or con-
tractors to excavate and dispose of surplus earth materials at the
City's proposed park site on Akers Road between Planz Road and
White Lane, provided there is no cost or obligation to the City.
248
Bakersfield, California, December 18, 1972 - Page 21
Approval of Map of Tract No. 3622 and
Mayor authorized to execute Contract
and Specifications for Improvements
therein.
Upon a motion by Councilman Thomas, it is ordered that
the Map of Tract No. 3622 be, and the same is hereby approved:
That all the Easements, Drives, Courts, Ways and Boulevard shown
upon said Map, therein offered for dedication be, and the same are
hereby accepted for the purpose f. or which the same are offered for
dedication.
Pursuant to the provisions of Section 11587 of the
Business and Professions Code, the Council of the City of Bakers-
field hereby waives the requirement of signatures of the following:
NAME NATURE OF INTEREST
Tenneco West, Inc.
(Formerly Kern County Land
Co. )
Mineral rights below a depth
of 500 feet with no right of
surface entry.
Tenneco West, Inc.
(Formerly Kern County Land Co.)
The right to pass over and
across said land for ingress
to and egress from any lands
of Kern County Land Company,
which are not accessible from
any public road, Highway, or
over other lands of said company
as excepted and reserved in that
Deed recorded May 27, 1960, in
Book 3271 at Page 26, O. R.,
County of Kern.
The Clerk of this Council is directed to endorse upon
the face of said Map a copy of this order authenticated by the
Seal of the Council of the City of Bakersfield and the Mayor is
authorized to execute the Contract and Specifications for the
improvements in said Tract No. 3622.
Approval of Agreement between City
of Bakersfield and Stockdale Develop-
ment Corporation for construction and
maintenance of a storm drain system
and disposal area to serve Tract No.
3622.
Upon a motion by Councilman Thomas, Agreement between
City of Bakersfield and Stockdale Development Corporation for
construction and maintenance of a storm drain system and disposal
area to serve Tract No. 3622, and the Mayor was authorized to
execute the agreement.
Bakersfield, California, December 18, 1972 - Page 22
249
Adoption of Resolution of Intention
No. 885 of the Council of the City
of Bakersfield, California, declaring
its intention to order the vacation
of a portion of "K" Street between
Truxtun Avenue and 17th Street, in
the City of Bakersfield.
Upon a motion by Councilman Rucker, Resolution of Inten-
tion No. 885 of the Council of the City of Bakersfield, California,
declaring its intention to order the vacation of a portion of "K"
Street between Truxtun Avenue and 17th Street, in the City of
Bakersfield, and setting the date of January 15, 1973 for hearing
on the matter before the Council, was adopted by the following vote:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Ayes:
Noes: None
Absent: None
Hearings.
This is the time set for continued hearing before the
Council on application by William Ray York to amend the zoning
boundaries from an R-1 (One-Family Dwelling) Zone to an R-3
(Limited Multiple Family Dwelling) or more restrictive, Zone, and
to a C-2 (Commercial) or more restrictive, Zone of that certain
property commonly known as 3951 Wible Road.
At its regular meeting of October 4, 1972, the Planning
Commission recommended to the City Council that the following
zoning be granted to the above applicant: C-1-D for easterly 250
feet; R-2-D for 355' westerly of the recommended C-i-D, and the
balance of 132 feet westerly of the recommended R-2-D to remain
R-1.
At its meeting held November 6, 1972, the Council voted
to refer this matter back to the Planning Commission for further
study and report back to the Council. Subsequently, the Planning
Commission at its meeting held December 6, 1972, after study and
deliberation, found as follows:
A motion was made by Commissioner Frederickson and
seconded by Commissioner Baldwin, to reaffirm the recommendations
250
Bakersfield, California, December 18, 1972 - Page 23
made by the Commission at its previous meeting; namely, C-1-D
(Limited Commercial - Architectural Design) or more restrictive,
Zone, for the easterly 250 feet; R-2-D (Limited Multiple Family
Dwelling - Architectural Design) or more restrictive, Zone for the
355' westerly of the recommended C-l-D, and the balance of 132
feet westerly of the recommended R-2-D to remain R-1 (One-Family
Dwelling) Zone.
Councilman Whittemore stated that inasmuch as the public
portion of the hearing had been closed at the Council's meeting of
November 6, 1972, he would move to adopt Ordinance No. 2065 New
Series amending Title 17 of the Municipal Code by changing the
Land Use Zoning of that certain property commonly known as 3951
Wible Road as recommended by the Planning Commission. This motion
carried by the following roll call vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
This is the time set for continued hearing before the
Council of the City of Bakersfield to Zone Upon Annexation to an
R-1 (Single Family Dwelling), or more restrictive, Zone, an R-S
(Residential Suburban), or more restrictive, Zone, and R-2-D
(Limited Multiple Family Dwelling - Architectural Design) or more
restrictive, Zone, of those certain properties in the County of
Kern located northerly of Stockdale Highway, northerly and westerly
of Park Stockdale Estates and bounded on the west and north sides
by the existing City Limits, and known as Kern River No. 2 Annexa-
tion.
The Public hearing was closed and action deferred for
further Council study at meeting of December 4, 1972.
This is the time set for continued hearing before the
Council of the City of Bakersfield to Zone Upon Annexation to an
R-1 (Single Family Dwelling) or more restrictive, Zone, an R-S
(Residential Suburban) or more restrictive, Zone; and R-2-D
Bakersfield, California, December 18, 1972 - Page 24
(Limited Multiple Family Dwelling - Architectural Design) or more
restrictive, Zone; and an R-3-D (Limited Multiple Family Dwelling
Architectural Design) or more restrictive, Zone; and a C-2-D (Com-
mercial - Architectural Design) or more restrictive, Zone, of those
certain properties in the County of Kern located northerly of
Stockdale Highway, between Arvin-Edison Canal on the west and the
existing City boundary on the east, and known as Kern River No. 3
Annexation.
The public hearing was closed and action deferred for
further Council study at meeting of December 4, 1972.
This is the time set for continued hearing before the
Council on application of Stockdale Development Corporation to
amend the zoning boundaries of that certain property located
northerly of Stockdale Highway in the vicinity of E1 Rio Drive.
The public bearing was closed and action deferred for
further Council study at meeting of December 4, 1972.
Councilman Rees commented on the question which has been
raised from time to time during the hearing relative to another
access road to Stockdale Highway from the north which would reliew?
the traffic pressure. He asked what means the City had of en-
listing the cooperation of the developers and the landowners in
establishing such a route. Mr. Bergen pointed out on a map the
possibilities for constructing such an access road to the north.
Councilman Rucker stated he had been under the impression
that when the Freeway was extended in this location it would
alleviate the traffic problem. Mr. Bergen stated that the route
of the freeway has not been determined and the City is not in a
position to really know.
Councilman Heisey pointed out that several alternate
routes for the Freeway were considered about a year ago, but the
State Division of Highways is presently making another origin and
destination study west of the freeway to determine the best route
to locate the freeway. The State will possibly come up with new
alternatives rather than the ones presented a year ago. The
Technical and Coordinating Committee, made up of staff people from
Bakersfield, California, December 18, 1972 - Page 25
the City, the County and the State, meets regularly to evaluate
the information as fast as it comes in.
Councilman Medders stated that he has looked over this
area many times. One of the objections from the residents in the
area was to the R-1 north of Stockdale Highway. He said that in
his opinion a frontage road and fourplexes are much more attractive
than a blank wall running along the property. While he is in
sympathy with the protestors, he cannot see how the Council can
legally deny this zoning. He then moved to adopt Ordinance No.
2066 New Series amending Section 17.12.020 of Chapter 17.12 (Zoning
Map) of the Municipal Code of the City of Bakersfield - Zoning
Upon Annexation of Kern River No. 2.
Councilman Whittemore commented that he also spent a
great deal of time studying this area, the Planning Director and
he were out there today. A serious traffic problem does exist at
the present time and it will increase when the development is made
to the north. He asked Director of Public Works Bidwell if there
are definite plans to put in a traffic signal system at E1 Rio
Drive. Mr. Bidwell stated not at this time. With the present
traffic on Stockdale Highway and the traffic generated from this
development,.he would say that a traffic signal system is definitely
warranted for this location.
Vote taken on Councilman Medders motion carried as follows:
Ayes: Rees, Rucker,
Noes:
Absent:
Councilmen Bleecker, Heisey, Medders,
Thomas, Whittemore
None
None
Upon a motion by
Councilman Medders, Ordinance No. 2067
Noes: None
Absent: None
Councilmen Bleecker, Heisey, Medders, Rees,
Thomas, Whittemore
Rucker,
vote:
Ayes:
New Series amending Section 17.12.020 of Chapter 17.12 (Zoning
Map) of the Municipal Code of the City of Bakersfield - Zoning
Upon Annexation - Kern River No. 3, was adopted by the following
Bakersfield, California, December 18, 1972 - Page 26
Upon a motion by Councilman Medders, Ordinance No. 2068
New Series amending Title Seventeen of the Municipal Code of the
City of Bakersfield by changing the Land Use Zoning of that certain
property located northerly of Stockdale Highway in the vicinity of
E1 Rio Drive, was adopted by the following vote:
Ayes: Rees,
Councilmen Bleecker, Heisey, Medders,
Thomas, Whittemore
Noes: None
Absent: None
This is the time set for
Intention No. 883 of the Council of the City
fornia, declaring its intention to order the
Easements in the SE~ of Section 33, T. 29 S.,
Rucker,
public hearing on Resolution of
of Bakersfield, Cali-
abandonment of Flowage
R. 27 E., in the City
of Bakersfield. This hearing has been duly advertised and posted,
and no written protests have been filed in the City Clerk's office..
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
hearing was closed for Council deliberation and action. Upon a
motion by Councilman Rees, Resolution No. 90-72 ordering the
abandonment was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Rucker, the meeting was
P.M. MAYOR the~
of Bakersfield, Calif.
adjourned at 10:05
ATTEST:
CITY~LEItK and Ex-Of~icio Clerk of the Council
of the City of Bakersfield, California